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‘1’, q {,{M ‘$1 {a ‘j‘ cums-“i, "Ti-L“ (‘ILLS K Le-
OF THE
STATE OF NEW l YORK
PASSED AT T HE
SESSIONS OF THE LEGISLATURE
HELD IN THE YEARS
I785, I786, 1787 and 1788, inclusive,
BEING THE EIGHTH, NINTH. TENTH AND ELEVENTH SESSIONS.
REPUBLISHED BY THE SECRETARY OF STATE, PURSUANT TO
CHAPTER THREE HUNDRED AND FORTY—ONE OF THE LAWS
OF EIGHTEEN HUNDRED AND EIGHTY—FIVE.
VOLUME II.


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A L B A N Y :
WEED PARSONS AND COMPANY. PRINTERS.
I886,
CHAPTER 841..
AN ACT to provide for the publication of the session laws from
seventeen hundred and seventy-seven to eighteen hundred and one,
inclusive.
PASSED May 27, 1885; three-ﬁfths being present.
The Peaple of Me Sz‘ezz‘e of New York, represem’ed z'iz Semzzfe and Assemély,
d0 emzez’ as follows .-
SECTION I. The Secretary of State is directed to republish, verbatim,
preserving the original spelling and punctuation, the session laws of this
State from seventeen hundred and seventy-seven to eighteen hundred and
one, both inclusive. References showing when each law was amended
or repealed, may be added.
§ 2. The republication shall be in octavo volumes of not less than six
hundred or more than seven hundred and ﬁfty pages each, with an index
to each volume, and of a material equal in style and quality to the session
laws of eighteen hundred and eighty-four.
§ 3. The edition shall consist of one thousand copies and shall be dis-
tributed as follows : One copy to each judicial district library ; one copy
to the clerk's oﬂice of each county; one copy to each justice of the
supreme court, and each judge of the court of appeals ; one copy to each
legislative library, and each State department; two hundred copies to the
trustees of the State library, for literary and scientiﬁc exchanges. The
remainder shall be delivered to the trustees of the State library, and such
trustees shall reserve sutﬁcient copies for the future use of the State, and
in their discretion sell the balance at a price to be ﬁxed by them, and pay
the proceeds into the treasury of the State.
§4. Six thousand dollars, or so much thereof as may be necessary, is
hereby appropriated out of any money in the treasury not otherwise
appropriated, to carry this act into effect, and the same shall be paid by
the Treasurer on the warrant of the Comptroller in such sums and to such
persons as the Secretary of State shall approve. The work herein author-
ized shall not be begun unless it can be completed for the sum herein
appropriated.
§ 5. The title page of each volume shall state that it was published
pursuant to this act, and the same may be cited in any action or pro-
ceeding with the same force as the original edition.
§ 6. This act shall take eﬁect immediately.
STATE OF New YORK, % s ,
Ofﬁce of the Secretary of State, 8
l have compared the preceding with the original law on ﬁle in this ofﬁce, and do hereby certify
that the same is a correct transcript therefrom and of the whole of said original law_
FREDERICK COOK,
Secretary of State.

STATE OF NEW YORK, \
OFFICE or THE SECRETARY OF STATE, i SS‘ "
I hereby certify that the Laws, contained in this volume, were repub-
lished by me pursuant to chapter three hundred and forty-one of the
Laws of eighteen hundred and eighty-ﬁve.
FREDERICK COOK,
Seei'elary 0f Sfafe.
LAWS
STATE OF NEW-YORK,
FIRST MEETING OF THE EIGHTH SESSION OF THE LEGISLATURE.

CHAP. 1.
AN ACT further to continue the treasurer of this State in ofﬁce.
PASSED the 11th of November. 1784.
W'HEREAs by the act further continuing Gerard Bancker Esquire Preamble:
treasurer of this State the time of his continuance in ofﬁce was limitted treasurer‘s
to sixty days after the rising of the Legislature at their next meeting 3%’5‘6‘1’ifm-
after the ﬁrst Monday in July which would be in the year of our Lord “ed-
one thousand seven hundred and eighty four.
Be it Z/zerefare e/zaez‘ea’ by the People of t/ze Slate of New Yer/e repre-
sem‘ea’ 2'22 Seizaz‘e and Assemély and it is /zereéy enaez‘ea’ éy aat/wrz'z‘y 0f Z/ze
same, That the said Gerard Bancker shall be and he is hereby further Gerard
continued in office as treasurer of this State until sixty days after the 53359332‘,
rising of the Legislature at their next meeting after the ﬁrst Monday in for one
july which will be in the year of our Lord one thousand seven hundred year‘
and eighty ﬁve.
Ana’ ée z'z‘ fart/lei’ enacted @1 Me aat/wrz'zj) aforesaid, That the said Oath of
Gerard Bancker shall on or before the ﬁrst day of December next, take Omce-
such oath as was directed and required by the third clause of the act
entitled “An act to appoint a treasurer of this State,” passed the ﬁrst
day of April in the year of our Lord one thousand seven hundred and
seventy eight.
A 12a’ &e if farZ/zer erzaez‘ea’ [2)’ the aat/zerz'ly aforesaid That the speaker Bond of
of the Assembly for the time being shall take a'bond from the above Egegs‘lreri
named Gerard Bancker on or before the said ﬁrst day of December lodgidin,
next, with not less than four sufﬁcient sureties, to the people of this State 31%;?” s
in the sum of twenty thousand pounds lawful money of this State, with
a- condition that he the said Gerard Bancker shall and will during his
VoL. 2.— I. ‘
,2 LAWS OF NEW YORK. [CHAR 2.
continuance in the said ofﬁce of treasurer, well faithfully and honestly
execute and perform the said ofﬁce; which bond when so taken shall
be lodged in the secretary's ofﬁce of this State.
CHAR). 2.
AN ACT to amend an act entitled “An act to appoint commis-
sioners to complete the running of a jurisdiction line between
this State and the State or Commonwealth of Massachusetts,
passed the 17th day of March 1783.”
PASSED‘ the IIllhaOf November, 1784.
Preamble, WHEREAS by the act entitled “An act to appoint commissioners to
gi‘gffglsisgo complete the running of a jurisdiction line between this State and the
run out State or Commonwealth of Massachusetts, only three persons, to wit,
$555,, the Honorable Robert Yates and Philip Schuyler Esquires, and Gerard
ﬁggfligg’ Bancker Esquire are declared commissioners on the part of this State,
to aet. who, or any two of whom shall have full power and are thereby author-
ized to meet with commissioners who are or may be lawfully authorized
and appointed by the said State or Commonwealth of Massachusetts,
and in conjunction with such commissioners, to be appointed on the
part and behalf of the said State or Commonwealth of Massachusetts,
to run out and mark the said jurisdiction line according to the true
intent and meaning of certain articles made and entered into on the
eighteenth day of May in the year one thousand seven hundred and
seventy three between the commissioners appointed by an act of the Leg-
islature of the late Colony of New York and commissioners appointed
by an act of the Legislature of the late Colony of Massachusetts-bay,
which agreement is particularly set forth in the act of the Legislature
Preamble; of this State herein in part recited. And whereas it may prove incon-
{gig-3513;, venient or impracticable for two of the commissioners so named in the
Lntignngt said reclted act to attend to the discharge of the trust reposed _1n them
' by the said act ; whereby the ﬁnal running and marking the said juris-
diction line may be procrastinated and a great expence be unnecessarily
incurred.
Surveylor ,Be 2'2‘ t/zerefere erzaez‘ed by Z/ze Pee/ﬁle 0f Z/ze Share of New York repre-
ggiigiil to seated in Senate and Assemlrly, and 2'; 2'5 lzereéy e/zczez‘ezz’ éy f/ze auf/zorz'zj/ 0f
Sfolgfnis‘ f/ze same, That Simeon DeWitt Esquire, surveyor general of this State,
. . shall be and is hereby declared to be one of the commissioners on the
part of this State, and who together with the said Robert Yates, Philip
Schuyler and Gerard Bancker, the commissioners named in the said in
part recited act, or any two or more of them the said Robert Yates
Philip Schuyler, Gerard Bancker, and. Simeon DeW'itt shall have full
' power and are hereby authorized to meet with commissioners who are
or may be lawfully authorized and appointed by the said State or Com-
monwealth of Massachusetts and in conjunction with such commission-
ers to be appointed on the part and behalf of the said State or Com-
monwealth of Massachusetts to run out and mark the said jurisdiction
line according to the true intent and meaning of the said articles of
agreement as fully and effectually to all intents and purposes as if the
said Simeon DeWitt had been expressly declared, appointed and author-
ized to be one of the said commissioners on the part of this State in and
by the said in part recited act. ‘
tcHAP. 4.] ElGHTH SESSION- - 3
CHAP. 3.
AN ACT to pardon Teunis Casey alias Teunis Keire of the felony
“ therein mentioned.
PASSED the 11th of November, 1784.
WHEREAS Teunis Casey alias Teunis Keire is conﬁned in the gaol of P‘reamble;
the city and county of New York for the murder of Sarah Rhodes in 'é§§e“,3>'(,,,n_
February last, whereof he was convicted by the name of Teunis Casey mgtreaiff
and sentence of death passed against him for the same at a court of oyer found ’
and terminer and general gaol delivery held in and for the city and Insane‘
county of New York in May last.
Ami ztl/zereas it appears to the Legislature that the said Teunis Casey
alias Teunis Keire was at the time of the murder and conviction afore-
said disordered in his mind, and he has been represented to the Legis-
lature as a proper object of mercy.
Be it ﬁxerefore erzaez‘ea’ by Me People of Me Sz‘az‘e of New Yer/c repre-
seizz‘ea’ 2'72 Seezaz‘e and Assembly, and if is heme)» emzez‘ed éy l/ze auZ/zorz'z’y of Me
sa-me, That the said Teunis Casey alias Teunis Keire is hereby fully and Teunis
absolutely pardoned and discharged of and from the felony and judg- Sgiggf’ar'
ment aforesaid, and of and from execution for the same.
Arm’ w/zereas it has been suggested to the Legislature that if the said
Teunis Casey alias Teunis Keire should be suffered to go at large he
might prove dangerous to the community.
Be z'z‘furZ/zer eizaez‘ea’ éy Z/ze azzf/zorz'zy aforesaid, That it shall and may Mayor,
be lawful for the mayor alderrnen and commonalty of the city of New ?$§a‘¥ork,
York to conﬁne the said Teunis Casey alias Teunis Keire in the brid- gay 0°"-
ie him
well of the said city, or in such other place as to them may seem con- in the
venient. bl'idewell.

4.
AN ACT to appoint agents or commissioners for vindicating the
right and jurisdiction of this State against the claims of the
Commonwealth of the Massachusetts pursuant to the Articles
of Confederation and Perpetual Union of the United States.
PASSED the 12th of November, 1784.
\YHEREAs the United States of America in Congress assembled, at Preamble;
the city of Annapolis, on the third day of June last, did make and pub-
Con’
lish a certain act in the words following, that is to say.
“ By the United States in Congress assembled in the city of Annapolis '
on the third day of june, in the year of our Lord one thousand seven
hundred and eighty four, and in the eighth year of the independence of
the United States of America.
“To the legislative authority of the State of New York. It is hereby
made known, that pursuant to the ninth of the Articles of Confederation
and Perpetual Union, the Legislature of the Commonwealth of Massa-
chusetts, have presented a petition to Congress in the words following——
“ To the United States in Congress assembled -- The petition of the Petition of
Legislature of the Commonwealth of Massachusetts —— Sheweth — That 8.333%;
whereas James the First, late king of Great Britain, by his letters patent, M3858"
~l
LAWS OF NEW YORK. [CHAR 4.
ohusetts
relating to
boundary;
letters
patent
from King
James I.
New York
State
claims part
of the
lands.
Congress
asked to
appoint
eommis~
sioners to
determine
_ contro—
versy.
Day ﬁxed
for hear-
ing.
bearing date at \Nestminster the third day of November in the eighteenth
year of his reign, granted unto the council established at Plimouth in the
county of Devon and kingdom of Great Britain, commonly called the
council for planting, ruling and ordering, and governing of New England
in America, all that part of America, lying and being in breadth from
forty to forty eight degrees of northerly lattitude, and of lenght of and
within all the’breadth aforesaid throughout the main lands from sea to
sea, to hold the same to themselves, their successors and assigns forever:
And whereas the said council established at Plimouth by their deed,
indented under their seal, dated the nineteenth day of March in the
third year of the reign of Charles the First, late king of Great Britain,
did bargain sell, enfeoff alien and conﬁrm unto Sir Henry Roswell and
his associates, and to their heirs and assigns, all that part of New Eng-~
land in America, which lieth and extendeth between a great river called
Merrimac, and a certain other river there called Charles river, being the
bottom of a bay there called Massachusetts bay, and also all those lands
lying within three English miles to the southward of the southermost
part of the said bay, and extending thence northward in lattitude to the:
northward of every part of the said river Merrimac, and in the breadth
of lattitude aforesaid, extending throughout all the main land in longi-
tude westwardly to the Southern ocean. And the said Legislature in their
claim herein prescribed, do aver, that the point or'place situate three
miles south of the bay called Massachusetts bay, is a point or place situ-
ate in forty two degrees of northern lattitude two minutes north, and that
the place point or boundary aforesaid of three miles to the vnorthward
of every part of the river Merrimac, is a place or point situate in forty
four degrees northern lattitude ﬁfteen minutes north, and that by the
grant aforesaid, the said Sir Henry Roswell and his associates became
seized of all the lands before described and contained in the grant afore-
said of the said council established at Plimouth; and that the same
grant was conﬁrmed to the said Henry Roswell and his associates by
the said King Charles by his letters patent, dated in the fourth year of
his reign, and that the said Sir Henry Roswell and his associates were
immediately upon the making the grant aforesaid by the said council,
in the actual seizen and possession of all the lands aforesaid, and for
many years held the same under the name and title of the Governor
and Company of Massachusetts Bay in New England : And that such
proceedings and possessions have been done and had respecting the
territory aforesaid, granted to the said Sir Henry Roswell and his asso-
ciates, and such subsequent grants have been made of the same, that all
the said territory is now the just and proper right of the Commonwealth
aforesaid, and all this the said Legislature are ready to verify.
“Ami w/zereas the State of New York have set up a claim to some
part of the land before mentioned, and it being highly necessary to have
the same claims brought to an immediate decision. They do therefore
in behalf of the said Commonwealth most solemnly request the United
States of America in Congress assembled, that commissioners may be
appointed for enquiring into and determining upon the claim aforesaid
of the said Legislature, and that such other proceedings respecting the
premises may be had, as are by the Federal government of the said
United States in such cases made and provided.”
“And that the ﬁrst Monday in December next, is assigned for the
appearance of the said States of Massachusetts and New York by their
lawful agents at the place in which Congress shall then sit, to proceed
in the premises, as by the said Articles of Confederation and Perpetual
Union is directed.”
CHAR '4_j EIGHTH SESSION. , 5 '
Be it t/zerefore erzaeted by the People of the State of New York repre- Agents
seated in Senate and Assembly, and it is hereby enacted by the aut/zorizy of 352533596
.t/ze same, That James Duane, John Jay, Robert R. Livingston, Egbert gilt? this
Benson and Walter Livingston Esquires, shall be and they are hereby a 6'
declared to be agents for this State in the controversy between this
State and the said Commonwealth of Massachusetts in the said recited
act of the United States in Congress assembled mentioned; and the
said James Duane, John Jay, Robert R. Livingston, Egbert Benson
and Walter Livingston Esquires, or any two or more of them are hereby
authorized and directed on the day and place for that purpose in the
said a-ct limitted, and at such other times and places as the occasion
shall require in behalf of this State to appear before the said United
States in Congress assembled, in order by the joint consent of them the
said agents, or any two or more of them and the agents on the part of Appoint-
the said Commonwealth of Massachusetts, to appoint commissioners or judges to constitute a Federal court for hearing and determining the Ejotnel'sto
controversy aforesaid. And if it shall so happen, that the agents for cgniigime
the said State of New York and Commonwealth of Massachusetts :33? how
respectively shall not agree by joint consent in appointing commission- '
ers or judges to constitute such court, then it shall and may be lawful
to and for the said agents on the part of this State, or any two or more
of them, and they or any two or more of them are hereby authorized
and required to proceed in behalf of this State to the appointment of
such commissioners or judges in the manner and form directed and
prescribed in and by the said Articles of Confederation and Perpetual
Union, and also to appear before the said commissioners or judges,
when lawfully constituted and there to represent this State, and to man- Agents to
age vindicate and defend the rights and jurisdiction thereof against the gigft‘gdof
claim of the said Commonwealth of Massachusetts by all lawful ways this State;
and means with full power and authority to employ such council, learned 22350,,
in the law and such sollicitors as they shall think necessary to enable Counsel-
them more effectually to discharge the trust vreposed in them by this act.
And be it fart/zer enaeted by t/ze aat/zorizj/ aforesaid, That it shall and Secretary 0
may be lawful, to and for the secretary of the State of New York, and gﬁﬁ'tgﬁgm
the, clerk of the city and county of Albany or their respective deputies, Ofﬁcials to
. . . produce
and for the respective clerks of the Senate and Assembly of this State, papers on
to produce on the hearing of the controversy aforesaid, and for that 3,1211%“
purpose to convey out of the State, all such original papers remaining in
their respective ofﬁces, as by the agents herein appointed to manage
the controversy aforesaid, on the part of this State, or any two or more
of them shall be judged necessary for the better manifestation of the
boundaries and jurisdiction of this State. Provided always
Atld be it further enaeted by the aut/zority aforesaid, That this act, or Proviso;
any article clause matter or thing herein contained, shall not extend or 5,31,36,56,,
be deemed, construed, adjudged or taken, to annul, alter or in anywise With Mas-
. . saehusetts
affect certain artlcles of agreement, made and concluded upon the not to he
eighteenth day of May in the year of our Lord, one thousand, seven ,j‘ggcgggby
hundred and seventy three between commissioners appointed by an act
of the Legislature of the late Colony of New York, and commissioners
appointed by an act of the Legislature of the late Colony of Massa-
ehusetts Bay. Nor to annul, alter, or in anywise affect a certain instru-
ment in writing bearing date the eighteenth day of May in the year last
aforesaid under the hands and seals of the then governors of the said _Proceed-
Colonies of New York and Massachusetts Bay‘respectively signifying ‘fgfggrnder
their approbation of the said agreement; nor any act or proceeding in agreement
. . . not to be
pursuance of the said articles of agreement which have been done and affected.
LAWS OF NEW YORK. [CI-IAP. 5.
Proceed-
ings of
commis-
sioners
now run-
ning line
not to be
affected.
Certain act
repealed.
‘Preamble.
Jane
Blake. ad-
ministra-
trix of
Jonathan
Blake. to
exhibit in-
ventory to
Daniel
Dunscomb
and
others.
‘Tana
Blake and
others
named
may con-
vey parts
of the es-
tate, real
or per—
sonal, to
pay debts.
performed, since the settlement of the said jurisdiction line by commis-
sioners and surveyors appointed, as well on the part of this State while
the Colony of New York, as on the part of the State or Commonwealth
of Massachusetts, while the Colony of Massachusetts Bay, respecting
the running and marking in part, the jurisdiction line, in the said articles
of agreement described ; nor any act or proceeding which is now doing
and performing, or shall be done and performed by the commissioners
and surveyors appointed on the part of this State, and on the part
of the State or Commonwealth of Massachusetts, to complete the said
jurisdiction line according to the true intent and meaning of the said
articles of agreement.
A 1m’ be [2‘ furf/zer enaez‘ed by Z/ze azzz‘berz'zj' aferesaz'd, That a certain act
of the Legislature of this State entitled '“An act to empower the Con-
gress of the United States of America to determine all controversies,
relative to certain lands in the counties of Cumberland, Gloucester,
Charlotte and Albany, commonly called the New Hampshire grants”
passed the zrst day of October 1779, so far as the same act respects
claims or boundaries in controversy between this State and the State
or Commonwealth of Massachusetts Bay, be and the same hereby is
repealed.
CHAP. 5.
AN ACT for the relief of jane Blake, and the creditors of her
late husband jonathan Blake deceased.
PASSED the 18th of November, 1784.
VVHEREAs it appears by the last will and testament of jonathan
Blake deceased, that jane Blake sole executrix of the said will and tes-
tament, is not by the said will authorized to sell and dispose of any
part of the estate of her late husband for the payment of the debts
contracted by him; and it also appears to the Legislature that the
annual income of the said estate is altogether inadequate to the pay-
ment of the said debts. _
Be 2}‘ z‘berefere euaez’ea’ by Z/ze Peep/e 0f z‘be Sz‘az’e 0f New Yer/e, repre-
serzz‘ezi z'xz Serzaz‘e and Assembly, and i! is bereby enacted by the auZ/zerz'zfy
0f i/ze same, That it shall and may be lawful to and for jane Blake sole
executrix of the last will and testament of jonathan Blake late of the
city of New York deceased, to exhibit on oath to Daniel Dunscomb
Daniel Niven and john Elliott all of the said city a true inventory
of all the real and personal estate of the said jonathan Blake deceased
that hath come to her knowledge, and also a true inventory to the best
of her knowledge and belief of the debts due by the said jonathan
Blake at the time of his decease, whether by bond mortgage or other-
wise; and that it shall and may be lawful to and for the said jane Blake
Daniel Dunscomb Daniel Niven and john Elliott or any three of them
to sell, dispose of and convey such part or parts of the said estate either
real or personal as in the judgment of them or of any three of them
shall be sufficient to discharge all debts due or monies owing by and
from the estate of the said jonathan Blake deceased, and to give good
and sufﬁcient releases, and conveyances in fee simple for the same.
And if the monies that arise by-such sale or sales shall exceed the
monies due to the creditors of the said jonathan Blake, the surpluss
after payment of the creditors shall by the said jane Blake be disposed of
CHAP. 6.] EIGHTH SESSION. 7
and applied as by the said will and testament the personal estate of the
said jonathan Blake deceased, is directed to be disposed of and applied.
And if the monies that may arise by the saleor sales of the whole Mortgages
real and personal estate of the said jonathan Blake deceased should not gehfg‘ll?
be sufficient to discharge the monies due to the creditors the said jane Sgtceeisif <39‘
Blake Daniel Dunscornb Daniel Niven and john Elliott or any three Solvent?
of them shall out of the monies to arise by such sale or sales pay the
debts due on mortgage or mortgages as the law directs and divide the
residue among the remaining creditors in proportion to their respective
just demands against the said estate, preferring debts due on specialties
to those due on simple contracts.
And be farz‘lzer marred by ﬁle aaZ/zorizfy aforesaid That the said trus- Trustees
teesshall before they exercise any of the powers to them hereby given, 39383020,,
ﬁle in the Court of Chancery a bond to the register or one of the clerks in 0711111-
of the court in such penalty as the chancellor shall think ﬁt, with awn‘
condition that they the said trustees will well and faithfully discharge
the trust and powers in them by this act vested, and render a just and
true account of the said estate when thereunto lawfully required.
Ana’ be iz‘ farz‘lzer eizaez‘ea’ by Z/ze aaz‘lzorizj/ aforesaid, That the trustees Trustees
appointed by this act shall have the same power to cite any of the cred- ggljlggewer
itors of the estate of the said jonathan Blake deceased within the to cite
description of the fourth clause of the act entitled An act relative to §gef2;‘;,°§,sny
debts due to persons within the enemies lines, passed the 12th day of court, etc.
july r782, before any court of law within this State to have a settle-
ment of the debt of the said creditor or creditors, and to make pay-
ment agreeable to the mode prescribed by the said act, as fully and
effectually as the said jonathan Blake would have had in case he was
now living.
CHAP.‘ 6.
AN ACT for the establishment ofa custom house.
\ PAssED the 18th of November, 1784.
WHEREAS the establishment of a custom house, and the appoint-
ment of proper ofﬁcers for the regular collection of the impost is neces-
sary.
Be it enaez‘ea’ by tile People of Me Sz‘az‘e of New York represented in collectors
Seizaz‘e and Assembly, 6272127 if is bereby eizaez‘ea’ by Me aaZ/zoriz‘y of the same, of customs
That it shall and may be lawful for the governor or person administer- igiiiivgd).
ing the government, of this State for the time being, by and with the 52,2552,
advice and consent of the council of appointment, from time to time to New YOrk
. and Sag
appoint one collector for the port of New York, one collector for the Harbor;
port of Sagg Harbour, one surveyor and searcher for the port of New Z‘Lss‘ioogier
York, one or more guagers, one or more weighmasters, and as many ofﬁcers-
land and tide waiters within this State as to the said council shall
appear necessary.
Ana’ be if farZ/zer enaefea’ by z‘be aaZ/zoriz‘y aforesaia’ That it shall Registers
and may be’ lawful for either of the collectors of the customs for the {1255615
time being, to grant registers to such owners or proprietors of vessels, granted by
being subjects of any of the United States, or their representatives, who Collectors’
shall apply for the same; provided that the vessel for which such reg-
ister shall be required be at the time actually within the jurisdiction of
this State; and provided also that previous to the issuing any such reg-
ister the person or persons who as aforesaid shall apply for the same,
LAWS OF NEW YORK. [calm 6.
Oath to
person ap-
plying for
registry.
Clearances
to be
granted .
Certain
vessels
need not
make en-
try at cus-
tom house.
Fees of
collectors
for enter-
ing in and
clearing
out vessels.
Collectors
shall subscribe his or their name or names to the said register, and take
the following oath, or if of the people called Quakers affirmation, viz.
I do solemly swear (or if of the people called Quakers afﬁrm)
that the called the being a of the burthen of
tons, or thereabout, was built in in the year of
and that of of and of is or
are the owner or owners thereof; and that no foreigner directly or
indirectly has any part share or interest therein. And the said collec-
tor is hereby allowed to demand and receive for every such register the
sum of twelve shillings and no more.
And oe iz‘ furz‘lzer eizaez‘ed 6y t/ze auz‘lzorizj/ aforesaid, That it shall
and may be lawful for the said collectors to grant clearances in such
form as they shall devise for that purpose, for such ships or other vessels
as shall from time to time sail from the port of New York, or of Sagg
Harbour, which clearances shall be subscribed by the 'said collectors
respectively.
And be it furt/zer eizaeted oy z‘lze aat/zorizj/ aforesaid, That nothing in
this act contained shall be construed to compell any master of any ves-
sel of less than the burthen of twenty tons which shall arrive from or
be bound to any port or place in the United States, or of any vessel
which shall be bound from the said port of New York, or the port of
Sagg Harbour to any other place in this State, or from any other place
in this State to the said port of New York to make entry in the manner
herein after mentioned, unless such vessel arriving at the said port of
New York or port of Sagg Harbour shall have any goods wares or mer-
chandizes on board subject to the payment of duties and for which the
duties have not been paid.
And be iz‘furt/zer enaez‘ed ﬂy the authority aforesaid That the following
and no higher fees shall be demanded or received by the collector that
is to say, for entering inwards and clearing out any vessel the property
of any of the citizens of the United States of the burthen of one hun-
dred and ﬁfty tons or upwards the sum of three pounds, for entering
and clearing out any vessel the property of any of the citizens of the
United States under the burthen of one hundred and ﬁfty tons, and
above seventy tons the sum of one pound ten shillings ; and for enter-
ing and clearing any vessel the property of any of the citizens of the
United States of less burthen than seventy tons sixteen shillings; for
entering and clearing out any vessel other than the actual property of
citizens of the United States of the burthen of one hundred and ﬁfty
tons or upwards, the sum of ﬁve pounds; for entering & clearing out
any vessel other than the actual property of the citizens of the United
States under the burthen of one hundred and ﬁfty tons the sum of three
pounds; for every vessel belonging to citizens of any of the United
States which shall arrive at the port of New York or port of Sagg Har-
bour and shall only report their vessel at the custom house, without
entering or unlading any part of the cargo, the sum of two pounds;
and for every vessel not belonging to citizens of any of the United
States which shall so only report their vessels at either of the custom
houses without entering or unlading any part of the cargo,_the sum of
four pounds ; for every permit or let pass the sum of two shillings for
every bond the sum of three shillings, and for every certiﬁcate the sum
of two shillings.
And oe iz‘furz‘lzer enaez‘ed &y the authority aforesaid, That the collectors
to be appointed by virtue of this act before they enter upon the execu-
tion of their respective ofﬁces shall take the following oath (or if of the
people called Quakers affirmation) before one of the judges of the
CHAP. 6.] EIGHTH SESSION.
supreme court or one of the judges of the inferior court of common
pleas vizt. I appointed collector for the port of do
solemnly swear (or if of the people called Quakers afﬁrm) that I will
faithfully execute the ofﬁce of collector, 'and keep fair and regular
entries of all goods wares and merchandize on which duties are payable,
and that I will once in every three months render to the auditor for this
State, just and true accounts of the same, and of all monies that shall
‘ come to my hands, or specialties that I shall take as collector, so help
me God.
And be it fart/zer enacted by t/ze azct/zority aforesaid, That the collector
for the port of New York before he enters upon the execution of his
office shall give bond with four or more sufficient freeholders to the
treasurer of this State in the sum of twenty thousand pounds, and the
collector for the port of Sagg Harbour before he enters upon the execu-
tion of his ofﬁce shall give bond with two or more sufficient freeholders
to the treasurer of the State in the sum of two thousand pounds, with
condition that such collectors respectively shall well and faithfully exe-
cute and perform all and singular the duties and services required of.
them in an
thereof. .
And be it fart/zer enacted by the azct/zority aforesaid, That the surveyer
and searcher before he enter upon the execution of his office, shall take
the following oath (or if of the people called Quakers afﬁrmation)
before the mayor recorder or one of the aldermen for the city and
county of New York vizt. I appointed surveyer and searcher
for the port of New York do solemnly swear (or if of the people called
Quakers afﬁrm) that I will well and faithfully execute the office of sur-
veyer and searcher, so help me God. ,
And be it fart/zer enacted by the aat/zority aforesaid, That the weigh-
masters and guagers before they enter upon the execution of their
respective offices shall take and subscribe the following oath or afﬁrma-
tion before the mayor recorder or any justice of the peace; that is to
say, the guagers shall take the following oath or afﬁrmation vizt
I appointed guager for the port of do solemnly swear, (or
if of the people called Quakers afﬁrm) that I will well and faithfully
execute the ofﬁce of a guager, and that I will make true and exact
returns to the collector of all liquors subject to duty that shall be by
me guaged or computed; and the weighmasters shall take the following
oath or afﬁrmation vizt. I appointed weighmaster for the port
of do solemnly swear (or if of the people called Quakers afﬁrm)
that I will well and faithfully execute the office of weighmaster, and
that I will make true and exact returns to the collector of all goods
subject to duty, which shall be by me weighed so help me God.
And be it farther enacted by t/ze ant/zorzty aforesaid, That the land and
tide waiters to be appointed in pursuance of this act, before they enter
upon the execution of their respective offices shall take and subscribe
the following oath or afﬁrmation before the mayor recorder or one of
the aldermen in the city of New York, or any one justice of the peace,
vizt. I ‘ appointed land and tidewater do solemnly swear, (or if
of the people called Quakers afﬁrm) that I will well and faithfully exe-
cute the ofﬁce of a land and tidewaiter and that I will regularly attend
all vessels having on board goods wares or merchandize subject to duty
which I shall be directed by the collector or surveyor and searcher to
attend; and that I will make true and exact returns of all goods wares
or merchandize subject to duty on board of each such vessel, to the
collector, so help me God.
VOL. 2. _ 20
by this act according to the true intent and meaning
Form of
oath .
Collectors
to enter
into bonds.
Surveyor
and
searcher,
oath of
ofﬁce.
Weigh-
masters
and
gaugers,
oaths of
ofﬁce.
Land and
tide wait-
ers, oath
of ofﬁce.
10
LAWS OF NEW YORK. [CHAP. 6.
Surveyor
and
searcher,
duties of.
Gaugers,
duties of .
Weigh-
masters,
duties of.
Fees of
weigh-
masters
‘and
gaugers.
Penalty
for enact—
ing exces-
sive fees.
Salaries of
collectors,
surveyor
and
search er
and land
and tide
waiters
ﬁxed.
And be z'tfzert/zer enacted by tile azct/zorz'zj/ aforesaid, That the surveyor
and searcher to be appointed by virtue of this act is hereby authorized
and directed to go on board of every ship or vessel coming into this
port; and the said surveyor and searcher shall direct one of the land
and tide waiters to go and continue on board of every such ship or
vessel having on board goods wares or merchandize subject to duty,
until such ship or vessel shall depart this port or is duly entered at ‘the
custom house, and for such longer time as the collector or surveyor and
searcher shall think necessary and that the surveyer and searcher shall
also report to the collector from time to time any delinquency he may
discover in any of the land and tide waiters.
A7207 be it fzcrt/zer enacted by t/ze azct/zorz'ty aforesaid That either of the
guagers to be appointed in pursuance of this act shall guage all liquors
imported into this State from time to time subject to duty in casks
exceeding the quantity of ﬁfteen gallons, and shall calculate the quan-
tities contained in the casks of a less quantity and in cases, in such
manner as he shall think best adapted to ascertain the same, and mark
on each cask and case with marking irons after so guaged‘ or computed
the initial letters of his name, the quantity it would contain if full, and
the wantage when guaged or computed; and that such guager shall
from time to time make return to’ the collector of the quantities of
liquors he has guaged or computed, the vessel out of which they were
unladed, and the name of the master of each ship or vessel, and the
name or names of the owner or owners of the liquors so guaged.
And be it fzcrt/zer enacted by t/ce acct/zorz'tv aforesaid That in all cases
where the weight of any goods wares or merchandise shall not be ascer-
tained at the custom house, upon the oath of the person or persons who
shall make entry thereof, it shall be the ‘duty of the weighmasters or
one of them to attend when thereunto required by the collector, and
weigh such goods and make a regular and speciﬁc report thereof,
together with the name of the vessel (and of the master thereof) out of
which they were landed.
And be it fzcrt/zer enacted by t/ze azct/zorz'ty aforesaid, That the owner
or consignee of the liquors guaged or merchandize weighed as afore-
said shall pay the expence of the guaging or weighing and marking the
same to such guager or weighmaster, as the case may be, at and after
the rates following viz. For guaging and marking every but pipe hogs-
head or cask containing ninety gallons or upwards the sum of six pence,
for guaging or computing and marking every cask or case of less
quantity four pence, for weighing of every hundred weight of any mer-
chandize the sum of three pence and that any guager or weighmaster
who shall exact or take any greater tees than those herein before men-
tioned, shall for every offence upon conviction, forfeit and pay the sum
of ten pounds with costs to be recovered before any of the justices of
the peace by any person who shall prosecute for the same, pursuant to
the act entitled "An act to nnpower justices of the peace mayors record-
ers and alde'rmen, to try causes to the value of ten pounds or under
and to repeal sundry acts therein mentioned” passed the 11th April
1782; ‘and upon conviction be removed from ofﬁce by the person
administering the government of this State, by and with the advice and
consent of the council of appointment.
And be it furt/zer enacted by me aat/corz'ty aforesaid, That the treas-
urer of this State shall pay to the collector for the port of New York
in quarterly payments at and after the rate of ﬁfteen hundred pounds
per annum; to the collector for the port of Sagg Harbour at and
after the rate of seventy ﬁve pounds per‘ annum; to the surveyer and.
CHAP. 7.] EIGHTH SESSION.
ll}
searcher at and after the rate of two hundred and ﬁfty pounds per
annum; to the land and tide waiters at and after the rate of ten shillings
per day for every day they shall be in actual service, to be certified by
the collectors respectively, or either of them, and the accounts to be
audited by the auditor for the State, in full compensation of all services
and expences whatsoever, tocommence from and after the passing of
this act, for the term of one year, out of any money in the treasury
unappropriated.
Ana’ be ii‘ farZ/zer eizaez‘ea’ by Me aai‘boriify aforesaid, That the clerks
to be employed by the respective collectors by virtue of this act before
they enter upon the duties of their ofﬁce shall respectively take and
subscribe the following oath before the mayor or recorder or any of the
aldermen or justices of the peace of any city or county in this State,
vizt. I do solemnly swear (or if of the people called Quakers
affirm) that I will well truly and impartially execute the business of clerk
to the collector of the port of and that I will at all times give the
earliest information to the collector of all frauds, or of any attempts
made by any person or persons to defraud the people of the State of
New York of any duty imposed by the act entitled “An act for impos-
ing duties on certain goods wares and merchandize imported into this
State that shall come to my knowledge; and that I will not take or
receive any other or greater wages gratuity or fees for my services as
clerk than what I shall take of the said collector, so help me God; a
copy of which oath or afﬁrmation, so taken, shall be ﬁled with the col-
lector of the customs with whom such clerk shall serve.
Aria’ be ii‘ farz‘lzer enacted by Me aal/zorii‘y aforesaid That it shall be
the duty of the several ofﬁcers appointed to be appointed by virtue of
this act to assist the collector in carrying the same into effect; to be
watchful over all vessels which shall come into the respective ports to
which such ofﬁcers shall be assigned; and to give information to the
collector of all frauds committed or intended to be committed against
the true intent and meaning thereof which shall come to their respect-
ive knowledge or which they shall have just cause to suspect.
(JHAP. 7.
AN ACT imposing duties on certain goods Wares and merchan-
dize imported into this State.
PASSED the 18th of November, 1784.
Be ii‘ eizaez‘ezi by Me .Pé’O/J/E of i/ze Slate of I/Ve'zo York represe/zz‘ea’ in
Senate aria’ Assembly, and ii‘ is bereby e/zaez‘ed by llie aaf/zoriz‘y of i/ze same,
That from and after the passing of this act, all such such goods wares
and merchandize as are herein after enumerated and mentioned which
shall be imported or brought into the State by land or water shall be
subject to the duties and imposts herein after mentioned that is to say,
every gallon of Maideira wine six pence, every gallon of wine of any other
kind or quality three pence, every dozen of bottles of wine of any qual-
ity one shilling, every gallon of rum brandy or other distilled spirituous
liquors imported in ships or vessels owned by citizens of this or of any
of the United States two pence, every gallon of rum brandy or other
distilled spirituous liquors imported into this State in vessels having
British registers, four pence, every pound of Bohea tea three pence,
Clerks toi
collector
to take
oath.
Form of
oath.
All cus-
toms of-
ﬂoors to
assist col»
lector to
carry this
act; into
effect.
Duties im~
posed on
certain
goods,
wares and
merchan-
dize.
Various
articles,
rate of
duty ﬁxed-
LAWS OF NElV YGRK. [CHAR 7.
Certain ar-
ticles im-
ported
from
Europe.
Articles
not enum-
erated, of
foreign
growth,
rate of
duty.
The free
list .
Master of
vessel to
report
to col-
lector on
arrival.
Master to
deliver
manifest
of cargo
und er oath
to col-
lector.
and for all teas of a superior quality ten per cent ad valorem, every
pound of coffee one penny, every pound of loaf sugar three pence,
and after the ﬁrst day of March next, ﬁve pence; and the following
enumerated articles imported from Europe shall be subject to the duties
herein after mentioned, vizt. Every pound of snuff one shilling, every
coach or chariot twenty pounds, every other four wheeled carriage ten
pounds, every curricle chaise chair ketereen or sulky ﬁve pounds, every
bushel of malt four pence, every gallon of porter ale beer or cyder six-
pence, every dozen of‘ bottles of porter ale beer or cyder one shilling,
every pound of cheese two pence, every ounce of wrought plate one
shilling, every ounce of wrought gold four shillings, every clock twenty
shillings, every gold watch twenty four shillings, every other watch eight
shillings, every hundred weight of hollow ironware four shillings, every
dozen of scythes, scyths, or axes twelve shillings, every saddle eight
shillings, every pair of mans or womans leather or stuff shoes six pence,
every pair of womans silk shoes one shilling every pair of boots two
shillings, every pound of starch or hair powder four pence, every gallon
of lintseed oyl six pence, every pound of ‘dressed or tanned leather
four pence, every dozen of packs of playing cards three shillings ; white
rope, twine, manufactured copper, tin, brass, pipes beef, pork, butter,
candles, soap, anchors, barr iron, hatts, raisins, pruins, ﬁgs and currants,
ﬁve per cent ad valorem; cordage either from Europe or any of the
United States or elsewhere four shillings per hundred weight ; choco-
late two pence per pound, and all other goods wares and merchandize
not herein before enumerated, of foreign growth or manufacture the
sum of two pounds ten shillings for every hundred pounds value prime
cost, and after that rate for a greater or less quantity excepting cocoa,
raw hides, molasses, coals, bricks, pantiles, unmanufactured tin in
blocks, mahogony, logwood lignum vitee, Nicaragua wood, red wood,
fustick and all other dey woods, copper in sheets, whale and ﬁsh oyl,
whalebone, beaver peltry, furs, deer skins, sheeps wool cotton wool,
woad, madder, cochineal, rocou, salt, bees-wax, elephants teeth, and all
other goods wares and merchandize of the growth, product or manufac-
ture of the United States of America, or any of them.
And ﬁe it fari/zer elzaez‘ed oy f/ze az/Z/zoriz‘y aforesaid, That the master
mate or purser of any ship or other vessel which shall arrive at or
come to any port creek or harbour within this State, if such ship or
other vessel shall come to any port creek or harbour in this State to the
southward or eastward of the port of New York (except Sagg Harbour
in the county of Suffolk) within seventy two hours after the arrival of
such ship or other vessel in such port creek or harbour, or if such
ship or other vessel shall arrive at or come to the port of New York or
port of Sagg Harbour, within twenty four hours after such arrival, shall
report to the collector of the port his arrival, and, the place where the
ship or vessel was last from; and that after such report is made the
said ship or vessel may remain in port ninety six hours without making
entry of her cargo, after which time the said master mate or purser shall
deliver to the collector of the port an exact and true manifest under
his hand of all and every such packages, bales, chests, casks, trunks,
cases or boxes, and of all such goods wares and merchandize stowed in
bulk in such ship or other vessel, and which such ship or other vessel
had on board at the time she left the port from which she last sailed,
or at any time since ; and which manifest shall particularly specify the
mark or marks, number or numbers of such packages, bales, casks,
chests, trunks, cases or boxes, and the name or names of the person or
persons who is or are proprietor or proprietors, consignee or consignees
cHAP.'7.j EIGHTH SESSION. 13
of such packages, bales, casks, chests, trunks, cases or boxes, and such
goods wares or merchandize stowed in bulk in such ship or other ves-
sel as aforesaid; and such master mate or purser shall upon exhibiting
such ‘manifest to the collector take and subscribe the following oath or
afﬁrmation, which oath or afﬁrmation the collector is hereby impow-
ered to administer, that is to say, I of the called the Form of
do swear (or if the people called Quakers afﬁrm) that the Oath-
manifest now by me exhibited and delivered to the collector of the port
of is true, and that no more or other packages, bales, casks
chests, trunks, cases or boxes, or goods wares or merchandize other
than those mentioned the said manifest were on board of the said
vessel when she left the port of or at any time since; and that
the said vessel last sailed from the said port of so help me God.
And be it farther enacted by the authority aforesaid, That if any Penalty
master of any ship or other vessel arriving at or coming to any port
creek or harbour in this ‘State, shall land, put on Shore, or unlade within before ex-
this State, any goods wares or merchandize before such manifest shall 325955,,
have been exhibited, and such oath taken as herein before mentioned,
and before he shall have paid the duties or given such sureties as herein
after mentioned, every such master so offending shall forfeit a sum
equal to double the value of the goods wares or merchandize so landed,
put on shore or unladed, to be recovered by the collector in an action
of debt, or other action, in any court of record in this State, having
cognizance of the same ; and when recovered to be paid into the
treasury for the use of the people of this State.‘
And be it farther enacted by the authority aforesaid, That the master of Penalty
any ship or other vessel arriving at or coming into any port creek or
harbour in this State, who shall neglect or refuse to deliver such mani- manifest
fest, and to take such oath or afﬁrmation as aforesaid, within the time re‘
herein before for that purpose limitted, shall for every such neglect or times
refusal forfeit the sum of one hundred pounds with costs to be recov-
ered and applied in the manner herein before mentioned.
And be it farther enacted by the authority aforesaid, That if any mer- Goods
chant, factor or other person, shall land or put on shore, or remove li'llg‘zffltge'
from on board of any ship or vessel, any goods wares or merchandize paid,
before he or they shall have duly entered the same with the collector, $33,532:},
and paid or secured the payment of the duties thereof, according to the
true intent and meaning of this act, all such goods wares and merchan-
dize so landed, put on shore, or removed, shall be deemed to be for-
feited, and be subject to be seized, proceeded against, and disposed of
by the respective persons, and in the manner herein after mentioned;
And be it further enacted by the authority aforesaid, That it shall and Land and
may be lawful for any land & tide waiters put on board of any ship or ggetgmit‘
.vessel by the collector or surveyer and searcher, at sunset, to have locks geguae t I
3. G as a
affixed so as effectually to prevent the goods wares or merchandize in sunset un.
such ship or other vessel from being taken out, and in such manner that 2331,23?
. . V-
such hatches or other places cannot be opened, without breaking or
opening such locks, and after such locks are locked and afﬁxed the land
and tide waiter shall retain the key or keys of such locks until the next
morning at sunrise; and if it shall appear that any of the said hatches
have been opened, or that any of the locks shall have been broken in Breaking
the absence of such land and tide waiter appointed or put on board as ‘(igggcelés
aforesaid, then and in that case, the opening of the Said hatches or evidence
breaking any of the said locks shall be deemed sufﬁcient evidence of 0 fraud‘
fraud; and the master of such ship or other vessel upon conviction
shall in every such case, forfeit the sum of ﬁve hundred pounds, with
14
LAWS OF NEW YORK. [CHAP- 7.
Importer
to exhibit
to col-
lector in—
voice un-
der oath of
all goods
imported.
Form of
oath.
Duty,
when un-
der £20, to
be paid at
once;
where
greater,im-
porter may
give bond.
Goods en-
tered un-
der bond
if re-ex-
ported
within
sixty days,
to be ex-
etnpted
from duty.
Form of
oath.
costs to be recovered and applied in the manner directed by the third
section of this act. ,
And be it fzcrt/zer enacted by ﬁle aut/zority aforesaid That after entry
is made in the manner herein before mentioned of any ship or other
vessel, every merchant factor or other person having goods wares or
merchandize on board of such ship or other vessel, shall make particu-
lar entry with the collector, by exhibiting to him the original invoice of
such goods wares and merchandize, and shall take the following oath or
afﬁrmation; which said oath or afﬁrmation the said collector is hereby
authorized to administer, that is to say, I do swear (or if the people
called Quakers afﬁrm) that the paper by me exhibited to the collector of
the port of contains to the best of my knowledge and belief a true
invoice of all the goods wares and merchandize contained in the respective
packages bales, casks, chests, trunks, cases or boxes, as the case may be,
marked and numbered as in the said invoice is speciﬁed and described,
and that the said invoice also to the best of my knowledge and belief con-
tains a true account of the price at which the said goods wares and mer-
ch andize have been bona ﬁde purchased or charged; and that if any goods
wares or merchandize other than those mentioned in such invoice exhib-
ited to the said collector shall be contained in such packages, bales,
casks, chests, trunks, cases or boxes, as the case may be, or if I shall at
any time hereafter receive any other invoice than that now exhibited of
such goods wares and merchandize, I will forthwith after discovering
such goods wares and merchandize, or receiving such invoice, exhibit
an account of such goods wares and merchandize or such invoice to the
said collector so help me God.
And be it fnrt/zer enacted by t/ze azct/zority aforesaid, That the merchant
factor or other person having exhibited any such invoice whereof the
duties of the goods wares and merchandize therein mentioned, do not
exceed twenty pounds shall immediately pay the same to the collector,
and if the duties shall exceed that sum, the said merchant factor or other
person shall give bond with one sufﬁcient surety being a freeholder for
the payment of the duties on all goods wares and merchandize imported
from any of the West-India islands, subject by this act to duty, in three
months from the date thereof, and for payment of the duties on all
other goods wares and merchandize imported from any other country or
place, in six months from the date ~thereof. That after such payment
shall be made or security given, the collector shall give to the person or
persons paying or securing the same, as aforesaid, a certiﬁcate thereof
directed to any of the land or tide waiters, specifying the packages,
bales, casks, chests, trunks, cases or boxes, and the goods wares and
merchandize stowed in bulk for which the duties have been paid or
secured to be paid, and thereupon such goods wares and merchandize
may he landed, without any farther let or obstruction.
And be it fartber enacted by t/ze ant/zorizy aforesaid, That any goods _
wares or merchandize brought into this State, for which bonds‘ have
been given for the payment of the duties thereon, which shall be ex-
ported out of this State by the owner or consignee to any of the United
Sates in the original packages, within sixty days after their importation,
the amount of the duty on such goods wares and merchandize shall be
deducted, upon the owner or consignee taking an oath or afﬁrmation in
the words following vizt'. I do solemnly swear (or if of the
people called Quakers afﬁrm) that the packages of goods enumerated
marked and numbered as per account and invoice herewith delivered,
were goods actually imported .by me, or consigned to me (as the case
may be) in the ship or vessel called the from for which
CHAP. 7.] EIGHTH SESSION. ' , 15
I have given bonds ior the payment of the duty, and that the said goods
were exported to in the original packages in which they were
imported; and that the said packages have not been opened, nor any
part of the said goods therein contained exchanged or taken out; and
that I exported the said goods wares and merchandize from this State
to the State of amounting to prime cost, and producing a
certificate from the proper ofﬁcer of any of the United States, that such
goods wares and merchandize have actually been regularly entered at
the custom house there; which certificate shall express the marks and
numbers of such packages respectively.
And be ii‘fari/zer eizaez‘ed by ﬁle aai/zoriz‘y aforesaid, That it shall and Collector
may be lawful for the said collector to receive the monies due for the duties aforesaid on such bonds respectively, and if the said duties shall OIiIbQHdS;
not be paid within the term in and by the said bonds for that purpose, $316081"?
respectively limited, the said collector shall and he is hereby required {)elfgggcﬁg
forthwith after the expiration of such time to commence and prosecute
to effect, an action or actions in his own name for the recovery of the
sums due on such bonds respectively with costs.
And be ii‘ fzirz‘lzer e/zaez‘ed by ﬁle azii/iorizy aforesaid, That if the said Collector
collector shall not forthwith after the monies shall become due on such lslggglsrgle
bonds respectively, commence an action or actions for the recovery of Where ’
the monies which shall become due thereon respectively, and prosecute the same to effect, that then, and in every such case the said collector ﬂuted
. . when due.
shall be deemed to have received such monies, and be accountable for
the same to the people of this State, as if the same had actually been
received by him. And that the said monies shall be sued for and
recovered in any court of record having cognizance of the same, from
the collectors respectively, their respective heirs executors or adminis-
trators in an action or actions of debt, or in any other action or actions,
by and in the name of the treasurer of this State; and it is hereby made
his duty to sue for and recover such monies for the use of the people
Of thiS State. Collector
And be if farz‘lzer eizaez‘ed by z‘lze auz‘lzoriz‘y aforesaid, That the collector of
shall enter in a book to be kept by him for that purpose, the amount in iall 209d?’
. . . . mpoited
value of the goods wares and merchandize in and by this act subject to subject; to
the duty of two pounds ten shillings for every hundred pounds as Sl’et’iﬁc or
ad valorem
aforesaid, the quantity of the goods wares and merchandize in and by (may. f
this act particularly enumerated and described, and the amount of the gﬁmgms
duties due thereon respectively; and the collector shall once in every '10
three months deliver such accounts to the auditor for the State, who quarterly
shall examine the same, and certify the amount to the treasurer. ﬁgcéugttir.
And be iz‘ furz‘lzer eizaez‘ed by Me aai‘lzorizy aforesaid, That in cases where
where the collector shall have cause to suspect that the invoice exhib- ggi‘égdsus"
ited to him does not specify all the goods wares and merchandize con- collecthr
tained in the packages, bales, casks, chests, trunks, cases or boxes, or
goods wares and merchandize stowed in bulk, reported in the invoice P6 (merged
. . and exam-
thereof, that the said collector shall and may take the said packages, bales, med,
casks, chests, trunks, cases or boxes, or goods wares and merchandize
stowed in bulk, into his custody, and open and examine the same ; and
if upon such examination more or other goods wares or merchandize
shall be found therein, with an apparent intention of fraud, than those Where ,ap-
speciﬁed in the invoice which was to him exhibited, such package, {33,232,213}
bale, cask, chest, trunk, case or box with all the goods wares or mer- ‘frat/‘851,150
chandize therein contained, or such goods wares or merchandize stowed be conﬁs-
in bulk, shall be seized by the collector, and forfeited to the people of Gated‘
16
LAWS OF NEW YORK. [CHAP. 7.
Penalty
for any
person aid-
ing to un-
lade goods
on which
duty is
unpaid.
Collectors
to pay over
monies to
State
treasurer
quarterly.
Rate of
exchange
of British
sterling
money .
Liquors as
sea stores
exempted
from duty.
All actions
for penal-
ties. etc.,
to be pros-
ecuted in
the name
of the
attorney
general or
collector.
Where
probable
cause
shown, no
costs to be
awarded
against
person
who seizes
goods.
1
this State, and shall after condemnation be sold by the said collector at
public auction, for the use of the people thereof.
Be it further enacted by i/ze aai/zoriz‘y aforesaid, That if any water-
man, boatman, carter, porter, or any other person or persons whatso-
ever, after sunsetting and before sunrising shall aid or assist in the
taking up, landing, carting or carrying any- goods wares or merchandize,
for which the duties in and by this act imposed have not been paid, or
secured to be paid in the mannner aforesaid, every such person so
offending shall forfeit and pay the sum of twenty pounds for every
offence, to be recovered with costs, in any court-of record in this State
having cognizance of the same; the one half of the said penalty to be
paid into the treasury of this State, and the other half to any person
who shall prosecute for the same. .
And be it fari/zer eizaez‘ed by i/ze aaz‘borizy aforesaid, That the res-I
pectivecollectors shall once in every three months pay to the treasurer
of this State all monies which shall arise or come to their respective
hands, as well for duties as for fees of ofﬁce in pursuance of this act,
without any deduction whatever.
And be iz‘fari/zer erzaez’ed by Me aat/zorizy aforesaid, That where duties
arise on any goods the invoice whereof shall be made out in British
sterling, the duties shall be paid at the exchange of one hundred and
seventy ﬁve pounds New York money, for every one hundred pounds of
British sterling. ‘
And be if fari/zer enaez‘ed by i/ze aai/zoriz‘y aforesaid, That such liquors
as are for sea stores for any master or commander of any ship or other
vessel, and actually on board, not exceeding the quantity of forty gal-
lons, shall be, & are hereby declared exempt from duty.
And be iz‘ farz‘lzer e/zaez‘ed by z‘lze aai/zoriz‘y aforesaid, That it shall
not be lawful for any informant whatsoever to enter or cause or procure
to be entered, or prosecuted, any action or information against any
person or persons for the recovery of any penalty or penalties inﬂicted
by this or any other laws relative to the customs or duties mentioned in
this act, unless the same be entered and prosecuted in the name of the
attorney general, or in the name of the collector of the customs; and
if any action or information shall be entered or prosecuted in any other
persons name, than as before mentioned, the same and all proceedings
thereupon are hereby declared to be null and void.
And be if fart/zer erzaez‘ed by t/ze aaf/zoriiy aforesaid, That in case any
action or information shall be commenced and brought to trial on
account of the seizure of any goods wares or merchandize wherein a
verdict shall be found for the claimer thereof, and it shall appear to the
judge or court before whom the said action or information shall be
tried that there was a probable cause _of seizure, the judge or court
before whom the said action or information shall be tried, shall certify
on the record that there was a probable cause for the prosecutors seizing
the said goods wares or merchandise, and in such case the defendant
shall not be entitled to any costs whatsoever, nor shall the informer
seizor or prosecutor be liable to any action indictment or other suit or
prosecution, on account of such seizure. And that in case any action
indictment or other prosecution shall be commenced and brought to
trial against any person or persons whatsoever on account of the seizure
of any such goods wares or merchandize as aforesaid, wherein a verdict
shall be given against the defendant or defendants, if the court or judge
before whom such action or prosecution shall be tried shall certify on
the said record that there was a probable cause for such seizure, then
the plaintiff besides his goods wares or merchandize so seized, or the
CHAP. 7.] EIGHTH SESSION.
17
value thereof, shall not be entitled to above two pence damages, nor to
any costs of suit ; nor shall the defendant in such action or prosecution
be ﬁned above one shilling.
And be it further enacted by the authority aforesaid That if any goods
' wares or merchandize Shall be seized for non payment of duties, or any
other cause of forfeiture, and any dispute shall arise whether the cus-
toms or duties have been paid or secured to be paid for the same, or
the same have been lawfully imported or condemned, or concerning the
place from whence such goods wares or merchandize were brought, or
concerning the property thereof, then and in such cases the proof
thereof shall lie on the owner or claimer of such goods wares or mer-
chandize, and not on the ofﬁcer who shall seize or stop such goods.
And be it further enacted by the authority aforesaid. That upon infor»
mation made by the collector or any other ofﬁcer of the customs, and
upon oath made by such ofﬁcer that he hath probable cause to suspect
and doth really suspect that any person or persons have landed removed
or reshipped any goods wares or merchandise, or caused the same to be
' done without due entry thereof made, or without having paid or secured
to be paid the duties thereon, contrary to the true intent and meaning
of this act, it shall and may be lawful for the ‘chancellor, the judges of
the Supreme court, the mayors recorders or any of the aldermen of the
cities of New York or Albany, or the justices of the peace of any of the
connties in this State, or any or either of them, to whom such informa-
tion on oath shall be given as aforesaid, to issue a warrant under his
hand and seal, directed to the marshal of the Court of Admiralty, or
to the Sheriff of the county where the offence shall have been committed,
or to the sheriff of the county next adjoining thereto, and who are
hereby respectively authorized and required to execute such warrant,
thereby commanding the said marshal and sheriff, or any of them, to
enter into any house outhouse or other building or enclosure in the day
time, where such goods wares or merchandize are suspected to be
deposited or concealed ; and in case of resistance, or after demand and
refusal to open such house, outhouse or other building or enclosure, or
where such house outhouse or other building or enclosure shall be unin-
habited, to break open such house outhouse or other building or enclo-
sure, and to seize and secure the said goods wares and merchandize so
deposited or concealed; and all ofﬁcers and ministers of justice are
hereby required to aid and assist therein. Provided always that no
house shall be entered by virtue of this act act unless it be within one
month after the offence supposed to have been committed. _
And be it further enacted by the authority aforesaid That the marshal
and sheriff, and every of them, having received such warrant as afore-
said, are hereby authorized and enabled to go and enter on board of
any ship or vessel, and from thence to bring on shore into the store or
ware houses provided for the purpose, any goods wares or merchandize,
,liable to seizure by this act; and that where the said marshall sheriff or
collector shall in the due execution of their ofﬁce be by any person or
persons resisted, obstructed, abused, assaulted, beatten or wounded,
either on board of any ship or vessel, or upon land or water, all and
every such person or persons so offending, shall forfeit and pay to the
people of this State, the sum of two hundred pounds, together with costs.
And be it further enacted by the authority aforesaid, That in case of the
seizure of any such goods wares or merchandize as aforesaid, the said
collector shall from time to time procure and provide good and sufficient
store or ware houses, for the purpose of depositing and Securing the said
goods, at the public expence.
Vor... 2. — 3
Damages
and ﬁne in
such cases
to be nom-
inal.
Burden of
proof in all
cases to lie
on the
claimer,
and not
on the
otﬁcer.
Proceed-
ings Where
collector
suspects
goods to
have been
landed
Withoutt
paymen
of duty.
N 0 house
to be en-
tered after
one month
from time
of offence.
Marshal
and sheriﬂ’
with War-
rant, may
seize goods
on ship-
board and
convey
them to
ware
houses;
penalty for
assaulting
ofﬁcer.
Collector
to procure
ware-
houses for
storage of
goods
seized.
18
LAWS NEW YORK. [CHAP. 7.
Officer
seizing
goodsto
receipt
therefor;
collector
to have
custody of
goods.
Goods
seized. to
be libelled
in court of
admiralty;
persons
other than
oﬂicers
prosecut-
ing to give
bonda
Penalty
for
conceal-
ing dutia-
ble goods.
Penalties,
how dis-
posed of;
how en~
forced.
Goods con-
demned to
be sold at
public auc-
tion.
Vessels
driven into
port by dis-
tress, priv~
ileges of.
Former act
im [3051 ng
' repealed;
bonds
formerly
given to be
prose-
outed to
effect
when due.
And be it fzcrt/zer enacted by Me azct/zority aforesaid, That the marshal
or sheriff who shall seize the said goods wares and merchandize as afore-
said, shall give his receipt for the same, expressing the particular pack-
ages, marks and numbers ; and that all such goods wares and merchan_ ,
dize shall remain in custody of the collector, until the order of the court
of admiralty.
And be it fart/zer enacted by t/ze aat/zority aforesaid, That the said goods
wares and merchandize so seized as aforesaid, shall within ten days after
seizure be libelled in the court of admiralty; and that the informant
shall enter into a bond or recognizance with one sufficient surety, in the
sum of one hundred pounds with a condition to prosecute the same to
judgment or condemnation. Provided always that such bond or recogni-
zance shall not be entered into or deemed requisite, where the collector
or any other officer of the customs is the informant.
And be it fart/zer enacted by t/ze aat/zority aforesaid, That if any person
or persons shall knowingly harbour keep conceal or buy, any goods
wares or merchandize liable to seizure by this act, such person or per-
sons shall forfeit and pay double the value of the said goods wares or
merchandize.
And be it further enacted by t/ze ant/zorizj/ aforesaid, That the one half
of all the forfeitures and penalties mentioned in this act shall be to the
use of the people of this State, and the other half to him or them that
shall inform and sue for the same, after deducting all necessary costs
and charges; to be recovered by bill plaint or information in any court
of record in this State, except such forfeitures and penalties as are by
this act otherwise particularly mentioned to be recovered or appropri~
ated.-
And be it fart/zer enacted by t/ze aat/zority aforesaid, That the collector
after condemnation of any goods wares or merchandize, so seized as
aforesaid, shall and may cause the same to be sold at public auction to
the highest bidder, at such place as the said collector shall deem proper,
giving at least fourteen days previous notice of such sale, in two of the
public news papers of this State.
And be it fzcrt/zer enacted by t/ze ant/zorizy aforesaid, That any ship or
vessel driven into port by distress may continue in port as long as may
be necessary to reﬁt, without being compelled to an entry at the custom
house or the payment of ofﬁce fees, other than the payment of the sum
allowed for the attendance of the land and tide waiters on board of the
said ship‘ or vessel, during the continuance of the said ship or vessel
respectively in any of the ports of this State. And that the master 0f
such ship or vessel may land and sell under the direction of the wardens
of the port, into which such ship or vessel may be driven, as great a
part of the cargo of the said ship or vessel as may be necessary to pro—
cure provisions, and to pay the expences of repairs, and other necessary
charges.
And be it fnrt/ier enacted by t/ze ant/iority aforesaid, That the act enti-
tled “An act imposing duties on the importation of certain goods wares
and merchandize,” passsed the 22d day of March last shall be and is
hereby repealed, and that the collector shall prosecute to effect such
bonds taken for duties as directed in and by the said act, and which are
not yet due, immediately after they shall respectively become due; and
that if the said collector shall neglect to do the same, he shall be deemed
to have received the monies due on such bonds, and be accountable for
the same to the people of this State, as if he had actually recovered the -
same; and that all suits informations or prosecutions already com-
menced, or which may be commenced for any forfeiture or penalty
CHAP. 9.] EIGHTH SESSION. . 19
incurred by force of the said act may be continued and prosecuted in
the same manner as in and by the said act is directed and provided.
Aﬂd be ii‘ fzirz‘lzer e/zaez‘ed by z‘lze aaz‘borizy aforesaid That the present Present
collector and all the other ofﬁcers of the customs shall hold and exer- g‘éisctggto
cise their respective offices until they shall be reappointed, or until other hold ofﬁce
, . . . t'l th '
persons shall be appointed and duly qualiﬁed to exerclse the 531d OfﬁCes lslililcbessoei'lsr
. . are ap—
respectively. pointed.
CHAP. 8.
AN ACT to empower Fernandus Suydam Elizabeth Debeavois
and John Van Der Bilt, administrators with the will annexed
to Jacobus Debeavois deceased, to execute the trust and power
given to the executors in the said will named.
PASSED the 23d of November, 1784.
WHEREAS it is represented to the Legislature, that Jacobus Debeavois Preamble;
was in his life time, and at the time of his death, seized in fee of certain 3,3325%,
lands and tenements, situate in the township of Brooklyne in Kings Ofwillof
. . - Jacobus
county on Long Island in the State of New York, and by his last will Debeavois
and testament, devised the same to his two sons Joost and Samuel 32223855,,
Debeavois in fee as tenants in common, and that the executors in the the provis-
said will named are since dead ; by reason whereof the execution of the $36013.
will of the said Jacobus, yet remains to be done and performed, and that
Fernandus Suydam Elizabeth Debeavois and John Van Der Bilt have
taken out letters of administration to the estate of the said Jacobus.
Be ii‘ z‘lzerefore eizaez‘ed by Me People of i/ze Stale of New York .repre- Trustees
sealed in Seiiaz‘e and Assembly, and ii‘ is lzereby e/zaez‘ed by the aaz‘lzorizj/ of Me same, That it shall and may be lawful, for the said Fernandus Suydam, provisions
Elizabeth Debeavois and John Van Der Belt, the administrators afore- of thewlu'
mentioned to divide the estate of the said Jacobus, as in and by the
said will is directed, and further to execute and perform all and what-
soever the executors in the said will named, are directed to do, as fully
in every respect, as if the said executors were now living to perform the
same, any law, usage or custom of this State, to the contrary thereof in
any wise notwithstanding.
C
CHAP. 9.
AN ACT to vest the real estate of Anthony Byvanck the elder
deceased in trustees for the payment of his debts and other
purposes. - .
PASSED the 23d of November, 1784.
WHEREAS Catherine Bingliam by her humble petition tothe Legisla- preamble;
ture, hath represented, that she and her brother Anthony Byvanck Sfggglglf’f
Junior by virtue of the last will and testament of Anthony Byvanck trioee of
their father, were entitled to the real estate, whereof their said father 3,9553%,
died siezed; that by the said last will and testament, the wife of the infant
testator and Mary Burnsides widow, the only executrixes thereof were em
vested with full and absolute power, to dispose of his real estate for the
payment of his debts; that her said brother lately died, and hath left an
LAWS OF NEW YORK. [CHAR IO.
only child, now an infant of the age of four years, and that the eXecuv
trixes named in the last will and testament of her said father are also
dead, without having made any sale or distribution of the said estate;
that there were sundry debts due from her said father at the time of his
decease, which cannot be paid, nor can the said infant be educated,
" unless the real estate of her said father is disposed of, and converted
Real estate
of An—
thony By-
vanck,
deceased,
vested in
trustees
for certain
purposes.
Monies
arising
from sale
of lands,
how ap—
plied.
Trustees to
ﬁle bond in
chancery.
Certain
prosecu-
tions to be
discon-
tinued by
the attor-
ney gen-
eral.
into money: The petitioner hath therefore prayed, that a law may be
passed to authorize the sale of the said estate for the purposes aforesaid:
And the prayer of the said petitioner appearing to be just and reasonable.
Be it therefore enacted by the People of the State of New York, repre-
sented in Senate and Assembly, and it is hereby enacted by the authority of
the same, That all the real estate of the said Anthony Byvanck deceased,
be and the same hereby is absolutely vested in William Goforth Esquire,
Ezekiel Robins and james Bingham their heirs and assigns, who are
hereby authorized and required forthwith to sell and dispose of the
same, in such manner, to such person or persons, and for such consid-
eration, as they may think ﬁt, and may deem most condusive to the
interest of the devisees of the said estate and their representatives and
deeds and conveyances thereof to seal and execute ; which sales so
made, and deeds or conveyances thereupon executed by the said Wil-
liam Goforth Esquire, Ezekiel Robins and james Bingham, or any two
of them, or the survivor of them, or the heirs of such survivor, are hereby
declared to be good and effectual, to all intents and purposes in law and
equity, to vest in such purchaser or purchasers the whole estate and
interest which the said Anthony Byvanck had, in the said real estate,
and every part thereof at the time of his death ; and upon the receipt
of the monies arising from such sale, the said trustees or any two of
them, or the survivor of them, shall ﬁrst pay and discharge all the debts
due from the estate of the said Anthony Byvanck in the order which the
law prescribes; and divide the overplus in the manner directed by the
said Anthony Byvanck in his last will and testament, and agreable to
law among the representatives of the said Anthony Byvanck and those
claiming under them.
And be it further erzaeted by the authority aforesaid, That the said
trustees shall,before they exercise any of the powers to them hereby
given, ﬁle in the court of chancery, a bond in such penalty and to such
person or persons as the chancellor shall think ﬁt, conditioned for the
faithful discharge of the trust and power in them hereby vested ; and
to render an account of the said estate, when thereunto lawfully required-
CHAP. 10.
AN ACT respecting certain prosecutions existing in the supreme
court ofjudicature of this State.
PASSED the 23d of November, 1784.
Be it enacted by the People of the State of New Yorh, represented in
Senate and Assembly, and it is hereby enaeted by the authority of the same,
That it shall be lawful for the attorney general of this State, and he is
hereby directed to enter a discontinuance in each of the prosecutions
commenced on the act entitled “An act, for the forfeiture and sale of the
estates of persons who have adhered to the enemies of this State, and
for declaring the sovereignty of the people of this State in respect to all.
property within the same,” and not already prosecuted to judgment:
CI-IAP. [1.] EIGHTH SESSION. 21
and that the several persons against whom indictments now exist founded Pegsgngt
on the act aforesaid, and not already prosecuted to judgment, be dis- {3, (jig? 0
charged respectively from the said indictments, and all prosecutions ggzgggd on
thereon on the payment of costs. costs.
CHAP. \l 1.
AN ACT instituting a court for the trial of impeachments and
the correction of errors.
PASSED the 23d of November, 1784.
WHEREAS by the Constitution of this State it is ordained that a court preamble;
Shall be instituted for the trial of impeachments and the correction of 1:351:65,
errors, under the regulations which shall be established by the legisla- the Con-
ture, and to consist of the president of the senate for the time being, Summon‘
and the senators chancellor and judges of the supreme court, or the
major part of them. .
Be it therefore enacted by the People of the State of New Yorh, repre- Courts for
sented in Senate and Assembly, and it is hereby enacted by the authority giffoﬂgfand
of the same, That the president of the senate for_the time being, and impeach—
the senators chancellor and judges of the supreme court, or the major HLe£t§5m_
part of them, shall be and hereby are constituted a court for the trial Posed-
of impeachments and the correction of errors. And it shall and may
be lawful for the same court at all times hereafter during the sitting of
the legislature, to assemble for the purposes aforesaid, on such days and
at such places as the same court shall from time to time appoint.
And be it further enacted by the authority aforesaid, The said court Sealof the
hereby instituted shall be and hereby is authorized and required forth- Sgggiiiodne'
with to cause a seal for the same court to be devised and made, and as to be ﬁled
soon as conveniently may be after the same seal is made, shall cause a £5996‘
description thereof in writing to be delivered to the secretary of this Oﬂice-
State who shall record and deposit the same in his ofﬁce there to remain
as a public record.
And be it further enacted by the authority aforesaid, That it Shall and Clerk of
may be lawful for ‘the person administering the government of this gg‘ggtihgeog
State for the time being, by and with the advice and consent of the
council of appointment, from time to time to appoint a ﬁt and proper
person to be clerk of the same court, who shall hold his ofﬁce during
the pleasure of the said council; and that all writs and process issuing
out of the same court shall be made in the name of the people of the Writs,how
State of New York, and tested in the name of the president of the testedﬁm'
senate for the time being, and signed by the clerk of the same court.
And be it further enacted by the authority aforesaid, That all impeach- Impeach-
ments shall be delivered to the president of the senate for the time 323555;“
being, who shall thereupon immediately cause the court hereby insti» On-
tuted for the trial of impeachment to be summoned; and the same
court shall thereupon forthwith cause the person so impeached to appear
or be brought before them to answer the charge exhibited against him;
and upon the appearance of such person so impeached he shall be
entitled to have a copy of the said impeachment, and a reasonable time
to plead or answer to the same. And when issue shall be joined upon
such impeachment, the court shall appoint a time and place for the trial
thereof; and at the time and place so appointed, and before they pro-
22
LAWS OF NEW YORK. [CHAR II.
Two-th irds
part of
members
present
must agree
to a con-
viction.
Extent of
judgment.
Power of
impeach-
ing vested
in the
assembly.
Person
impeached
suspended
from oﬂice.
Errors hap-
pening in
court of
chancery,
supreme
court and
court of
admiralty
to be re—
dressed;
proceed—
lngs on
appeal
from
supreme
court.
ceed upon the trial, the president of the senate for the time being, shall
administer to each of the members of the said court then present, and
the clerk of the said court shall at the same time also administer to
the president an oath, or if of the people called Quakers, an afﬁrma-
tion, truly and impartially to try and determine the charge in question
according to evidence; and the said court shall then proceed to hear
try and determine the same, and may from time to time if necessary
adjourn the said trial to any other time or place; and no member of the
same court shall sit or give his vote upon such trial until he shall have
taken the oath or afﬁrmation aforesaid before the president of the sen~
ate for the time being: Provided always that no judgment or sentence
of conviction shall be given against any person upon any impeachment,
unless two third parts of the members of the said court then present
shall assent to such judgment or sentence. And if two third parts of
the members then present shall not assent to a judgment or sentence of
conviction, then and in such case the person so impeached shall be
considered as acquitted from such impeachment; and no judgment or
sentence of conviction upon any such impeachment shall extend further
than to removal from office, and disqualiﬁcation to hold or enjoy any
place of honour trust or proﬁt, under this State; but the party so con-
victed or acquitted shall be nevertheless liable and subject to indict
ment, trial, judgment and punishment, according to the laws of the
land. -
And be it fart/zer'enacted by Me azitborizj/ aforesaid, That the power
of impeaching all ofﬁcers of the State for mal and corrupt conduct in
their respective offices be vested in the representatives of the people in
assembly; but that it shall always be necessary that two third parts of
the members present shall consent to and agree in such impeachment.
And be it fzcrt/zer enacted by t/ze aatborizy aforesaid, That when any
ofﬁcer shall be so impeached as aforesaid he shall be and hereby is sus-
pended from exercising his ofﬁce until his acquital: And if the president
of the senate should at any time be impeached as aforesaid, notice
thereof shall be immediately given by the assembly to the senate, that
another president may be appointed,
And be it fart/tel" enacted by Me azct/Zoritv aforesaid, That all errors
happening in the court of chancery the supreme court the court of
probates, and the court of admiralty, except in cases of captures, shall
be redressed and corrected by the court hereby instituted; and that it
shall and may be lawful as well for the attorney general in behalf of the;
people of this State, as for any party plaintiff or demandant or defend-
ant, tenant or vouchee, against whom any judgment hath been or may
hereafter be given in the said supreme court, or their representatives‘
who may be thereby aggrieved, to sue forth out of the court of chancery
a writ of error to be directed to the judges of the supreme court for the
time being, commanding them to cause the record of such judgment
and all things concerning the same to be brought before the president
of the senate and the senators and chancellor, which writ of error if
issued during the sitting of the legislature shall be made returnable at
the place where the senate shall then sit, without delay; but if issued
during the recess of the legislature, then such writ of error shall be made
returnable at the next meeting of the senate, wheresoever the same shall
then be; and the party prosecuting such writ of error, shall without
delay cause a transcript of the said record to be made, and the said
judges to whom such writ of error may be directed, or any one of them.
shall within ﬁfteen days after notice of the said writ of error, if the same
be returnable without delay, or if otherwise, at the day of the return
CHAP. 11.] EIGHTH SESSION.
thereof, annex the said transcript to the said writ of error, and indorse
a proper return upon the same writ, and return the same : And the presi-
dent of the senate for the time being, and the senators and chancellor,
or the major part of them, shall have full power and authority, and
hereby are authorized and required to examine all such errors as shall
be assigned or found in such record or in any process or proceeding
concerning the same, and to call upon the judges of the said supreme
court to assign the reasons of such judgment, and thereupon to reverse
or afﬁrm the said judgment, and to give such other judgment therein as
the law shall require; and shall then cause the Said transcript of the
record, with their judgment thereon, and all things concerning the same,
to be remitted back into the said supreme court, where such further
proceedings shall be thereupon, as well for the execution'as otherwise,
as may be agreeable to law and justice.
A 12d be it fari/zer eiiaez‘ed by Me auz‘lzoriz‘y aforesaid, That if at the
return of any such writ of error, or at any other time to which the same
or the proceedings thereon shall be adjourned or continued, there should
not be present a sufﬁcient number of the members of the said court of
errors to proceed thereon, the said writ of error or the proceedings
thereon, shall not be thereby abated or discontinued, but the members
of the said court of errors then present shall in such case adjourn or
continue the same to some further day: Provided always that no judg-
ment shall be given, nor any rule or order made upon any such writ of
error, or process or proceeding thereon; except for adjourning or con-
tinuing the same, unless the president of the Senate for the time being,
and the senators and chancellor, or the major part of them at the least,
be present.
A 72d be it further eizaez‘ed by the aaz‘liorizfy aforesaid, That it shall and
may be lawful for all persons who are or may be aggrieved by any sen-
tence judgment decree or order of the court of chancery, to appeal from
the same or any part thereof to the president of the senate for the time
being, and the senators and the judges of the supreme court; and the
president of the senate and the senators and the judges of the supreme
court for the time being, or the major part of them, shall have full power
and authority, and hereby are authorized and required to call upon the
chancellor to assign the reasons of such sentence judgment decree or
order, and to examine hear and ﬁnally determine such appeal and all
matters concerning the same, and to reverse afﬁrm or alter such sentence
judgment decree or order, and to make such other order or decree
thereon as equity and justice shall require, and thereupon to remit the
same, with their judgment decree and order in the premises, and all
things concerning the same, back into the said court of chancery, where
such further proceeding shall be thereupon as well for execution as
otherwise, as may be agreeable to equity and justice : Proz'ided (Z/7C'(Z_}'S,
that all such appeals, except those from ﬁnal decrees, be made within
ﬁfteen days next after making the orders or decrees so appealed from.
And be it farilzer mauled by ﬁle aul/zoriiy aforesaid, That it Shall and
may be lawful for all persons who are or may be aggrieved by any sen-
tence judgment decree or order of the court of probates, or of the court
of admiralty, (except in the cases of captures) to appeal from the same,
or any part thereof, to the president of the senate for the time being,
and the senators chancellor and judges of the supreme court. And the
president of the senate and the senators, the chancellor and the judges
of the supreme court, or the major part of them, shall have full power
and authority, and hereby are authorized and required, to examine hear,
and ﬁnally determine all such appeals and all matters concerning the
Where
quorum of
court not
present,
case to be
adjourned.
No judg-
ment to be
entered
when a
quorum
not pres-
ent.
Proceed-
ings on ap-
peals from
court of
chancery.
Appeals
from order
to be made
in ﬁfteen
days.
Proceed—
ings on ap-
peals from
court; of
probates
or court of
admiralty. I
24
LAWVS OF NEW YORK. [CHAR 12.
Time lim-
itsu which ap—
pea] can be
rought.
President
of senate
to have a.
casting
vote in
case of
ties.
Appeals
from judg-
ments and
deﬁnitive
sentences
to be
brought in
ﬁve years.
Writs of
right;
writs of
grace.
Preamble.
Act re-
ferred to
extended
to execu—
tors and
adminis-
trators.
same, and to reverse afﬁrm or alter such sentence judgment decree or
order, and to make such other order or decree therein, as equity and
justice shall require ; and thereupon to remit the same with their judg-
ment decree and order in the premises, and all things concerning the
same, back into the court so appealed from, where such further pro-
ceeding shall be thereupon as well for execution as otherwise, as may
be agreeable to equity and justice: Provided always, that all such appeals
from the said court of adm1ra1ty and from the said court of probates be
made within ﬁfteen days next after making or giving the sentence judg-
ment decree or order so appealed from. And that all appeals from any
sentence, judgment or decree heretofore made by the court of admiralty
or court of probates, shall be made within six weeks after the passing of
this act. .
A rzd be itfurther enacted by the authority aforesaid, That in all questions
arising upon such writts of error and appeals, and the proceedings and
judgments thereon, when the other members of the court then present
shall be equally divided in opinion, the president of the senate for the
time being, shall have a casting voice in the decision, but shall not vote
in any other case whatever.
A7207 be it further enacted by the authority aforesaid, That all writs of
error upon judgments in the supreme court, and appeals from deﬁnitive
sentences in the court of chancery heretofore given or made, or here-
after to be given or made, shall be brought within ﬁve years next after
rendering the-judgment or making the decree, and not after.
A ud be it further enacted by the authority aforesaid, That writs of error
in all civil cases, and criminal cases not capital, shall be considered as
writs of right, and issue of course ; and in all capital cases writs of error
shall be considered as writs of grace, and shall not issue but by order
of the chancellor for the time being, made upon motion or petition,
notice whereof shall always be given to the attorney general for the
time being or the prosecutor for the State.
CHAP. 12.
AN ACT to explain and amend the act entitled “An act relative
to debts due to persons within the enemies lines ” passed 12th
july 1782.
PASSED the 24th of November, I784.
WHEREAS doubts have arisen whether the said act doth extend to
executors and administrators both of debtors and creditors, especially
the executors and administrators of persons who have deceased since
the passing of the said act.
Be it therefore enacted by the People of the State of New Yorh repre-
sented in Serzate and Assembly, and it is hereby enacted and declared by the
authority of the same, That the above said act doth extend to the execu-
tors and administrators of all such debtors and creditors as fully and
absolutely as it would extend to their testators and intestates, were
‘they in full life, and shall be so deemed, construed and taken toall
intents constructions and purposes whatsoever both in law and equity.
And rwhereas some of the creditors described in the fourth section of
the before in part recited act, have withdrawn, or may hereafter With-
draw themselves from this State, and thereby put it out of the power of
CHAP. 12.] EIGHTH SESSION.
25
their debtors, (to whom the aforesaid act was intended to give relief) to
cite them before any court of law in this State to have a settlement and
make payment agreable to the mode prescribed in and by the said act.
Be it therefore further enacted by the authority aforesaid, That it shall
and may be lawful to and for such debtor or debtors as aforesaid, by
advertisement to be published for eight weeks successively in two of the
public news papers printed in this State, to notify and require such his,
her or their absent creditor or creditors, to appear at a time and place
to be mentioned in such advertisement before some certain court of law
in this State to have a Settlement and payment made as aforesaid (which
time shall not be less than eight kalender months from the ﬁrst publica-
tion of such advertisement) and that such notiﬁcation shall be‘deemed,
taken and adjudged to be a sufﬁcient citation to all intents and purposes,
and shall have the same validity and effect, as if such creditor or credit—
ors had been personally cited. Provided always that no such advertise-
ment or any proceeding thereon shall be deemed adjudged or taken to
be good or effectual in the law, unless the debtor or debtors shall pre-
viously have made an afﬁdavit or afﬁrmation (in cases where by law an
afﬁrmation is allowed) before one of the judges of the court of law
before which the appearance of such creditor shall be required, that he
verily believes that the creditor hath departed the State, or concealed
himself therein and that it is not in the power of such debtor or debtors
personally to serve such creditor with a citation for his appearance
which departure or concealment shall also be proved to the satisfaction
of such judge by two witnesses. Provided also
And be it further enacted by the authority aforesaid, That nothing in
this act, or the act hereby in part recited contained, shall affect, injure
or take away, or be deemed or adjudged to extend to the claims rights
and interests of any legatee or other person legally entitled in his or-
her own right, to the personal estate of any testator or intestate, such
legatee or legal representative not having remained or come, or by
virtue of any law of this State been sent, within the power of the
Where
ebtors
have with-
drawn
themselves
from the
State, they
may be
cited be-
fore the
court by
advertise-
ment.
Proviso;
that no
citation
deemed
valid un-
less credi-
tor makes
proof of
the with-
d rawal of
the debtor.
Proviso as
to rights of
certain
persons.
enemy during the late war; provided also that no person shall be allowed Proviso as
the beneﬁt 'of this proviso, unless he Shall ﬁrst have taken the oath of
to those
claiming
abjuration, and the oath of allegiance to this State, and shall have beneﬁt of
obtained a certiﬁcate signed by two reputable and well affected free-
this sec-
tion.
holders of this State, one whereof shall be a judge of the inferior court
of common pleas or mayors court, of the county or city in which the
person named in such certiﬁcate shall reside, certifying, that he hath
constantly and uniformly since the ninth day of July one thousand seven
hundred and seventy Six been well attached to the freedom and inde-
pendence of the United States of America, and hath taken an active
and decided part therein. '
And be it further enacted by the authority aforesaid, That in all cases, Assign-
where any debt, bill, or other obligation, mortgage, security or demand ggeb‘ggsgd
whatsoever mentioned in the said herein in part recited act, shall have other Obli'
been assigned Since the time of the passing of the said act, or shall'gggglllgy
hereafter be assigned to any person or persons whomsoever, by any per- gigglyﬂsthe
son who has remained with, gone into, or was sent within the enemies lines
lines during the said war; every such assignment shall be deemed and 33;?“
adjudged fraudulent, and to have been made with intent to elude the
said act, and every such assignee, and his representative shall be bound
to receive payment from the debtor or his representative in the same
manner as the original obligee, mortgagee or creditor would have been
held to receive the same, had no assignment been made.
You 2. -—4_.
26
LAWS OF NEW YORK. [CHAR 13.
Corpora—
tion not
aﬁected,
except as
to assign-
merits.
Act extend
to as-
signees
and trus-
tees of in-
solvent
debtors.
Preamble ;
discovery
of silver
mine in
West-
chester
county.
Id.;
Orange
county.
Ludewig
Shoub, et
al., and
Jonas Den-
ton given
sole right
of working
said mines
for a ﬁxed
period.
And be it fzcrtber enacted by t/ze aat/iority aforesaid, That nothing in
the aforesaid in part recited act, or this act, shall be deemed, taken or
construed to prejudice or affect any corporation or body politic, except
only with respect to assignments herein before mentioned and described.
And be it fart/tor enacted by tbe aat/zority aforesaid, That the above-
mentioned act shall be construed to extend to the assignees or trustees
of the estates of such persons who became insolvent debtors before the
ninth day of july 1776, so far as relates to monies due to persons who
remained within the British lines in this State.
CHAP. I 3.
AN ACT to exempt Ludewig Shoub and Peter Learman, and
jonas Denton and their respective heirs executors administra-
tors & assigns from paying out any part or share of the pro-
duce of the mines therein mentioned.
PASSED the 24th of November, 1784.
VVHEREAS Ludiwig Shoub and Peter Learman have by their petition
represented to the Legislature that they have discovered a mine in the
manor of Courtlandt in West Chester County which may be so charged
with silver as to be subject to the payment of a proportion thereof to
the people of this State as sovereign thereof; and that if such propor-
_ tion should be demanded it may not only take away any proﬁt that
may arise, but if there should not be a proﬁt equal to such proportion
it may prove ruinous to the workers, and the said petitioners have
prayed that they and their assigns may by a law of this State be ex-
empted for some certain period, from paying to the people of this State
any part or proportion of the said mine.
And wbereas jonas Denton of Goshen in Orange county'hath by his
petition represented to the legislature that he has discovered a mine on
his own land in Orange county, which he conceives is so charged with
silver as to be subject to the payment of a proportion thereof to the
people of this State, and that if the same should be demanded, it would
not only take away any proﬁt that would arise, but if there should not
be a proﬁt equal to such proportion, it may prove ruinous to the work-
ers, and the said jonas Denton hath prayed that he and his assigns may
by a law of this State be exempted for a certain period from the pay-
ment of any proportion of the said mine to the people of this State as
sovereign thereof.
Be it t/ierefore enacted by t/ze People of tbe State of ill/Yew York, repre-
sented in Senate and Assembly, and it is bereby enacted by t/ze azztborizyof
t/ze same, that the said Ludewig Shoub and Peter Learman, and the said
jonas Denton, and their several and respective heirs executors adminis-
trators and assigns shall be and hereby are exempted acquitted released
and discharged from paying or yielding to the people of this State as
sovereign thereof, or to any commissioner agent collector or receiver for
their use any part share royalty proportion or dividend whatsoever of
the said mines so discovered by them the said Ludewig Shoub and
Peter Learman, and Jonas Denton respectively, until the ﬁrst day of
May which will be in the year of our Lord one thousand seven hundred
and ninety six.
CHAP. 14;] EIGHTH SESSION. 27
And be 2'! furZ/zer enacted by Z/ze aat/wrz'zy aforesaid, that neither the Not to
said Ludiwig Shoub and Peter Learman, nor the said Jonas Denton, or ‘$353
their or either of their heirs executors administrators or assigns, or any ﬁgégetéme
of them, shall presume to work or intermeddle with the said mines '
respectively on any pretence whatever after the day last mentioned,
until he or they shall have obtained permission from the Legislature of
the State, ﬁxing the part or share of the said mines respectively to be
paid to the people of this State as their proportion.
And in order to give the discoverers and ‘their heirs executors admin- Pél'sogst
istrators and assigns respectively every advantage that may arise from mgr.
their respective discoveries; be it fzzrl/zer e/zaez‘ed by i/ze aaZ/zurz'zj' aferesaz'd, Si'f’gggfn
That in all treaties with the Legislature for working the said mines tracts_
respectively, the said Ludewig Shoub and Peter Learman as to the said ﬁfgig'efffn"
mine by them discovered, and the said jonas Denton as to the mine on
his own land, and their several and respective heirs executors or admin-
istrators shall have the offer to be a party and privy thereto, and shall
on every offer have the preference ; it being the will and design of the
Legislature that no other persons shall have the priviledge to work the
said mines respectively upon such terms as the said petitioners respect-
ively or their respective heirs executors administrators or assigns will
accept. Provided always that nothing in this act contained‘ shall be 51311283;
construed to permit or give any right to the said Ludewig Shoub and (wgyners of
Peter Learman or the said Jonas Denton, or their respective heirs ex- igéltgcliik
ecutors administrators or assigns to break or dig up the soil or ground
of any other person or of the people of this State without having pre-
viously by contract obtained permission for that purpose as well from
the owner or possessor of the improvements as from the proprietor or
proprietors of the fee of the land.
CHAP. 14.
AN‘ ACT to revive and amend an act entitled “An act for the
relief of insolvent debtors within this State,” passed 17th
April 1784.
PASSED the 24th of November, 1784.
Be it e/zaez‘ed by t/ze People of f/ze Sz‘az‘e 0f ZVew Yer/e, represem‘ed The act
in Seizaz‘e and Assembly, and 2'2‘ 2'3 bereby enacted by t/ze aaZ/zbrz'ty 0f t/ze £23211“ ex_
same, That the act entitled “ An act for the relief of insolvent debtors tended to
within this State,” passed the 17th April 1784, shall be and is hereby
revived, and that the same shall and is hereby declared to extend to the jail'
respective debtors who at the time of the passing of this act shall be
actually conﬁned in any of the gaols or prisons of this State.
And be z'z‘farZ/zer eyzaez‘ed by Z/ze aat/mrz'zy aforesaid, That the assignee Assignees
or assignees to be appointed in pursuance of the act hereby revived 33,531,‘;
and of this act, and every of them, shall within three months after three
such assignment, as in the said revived act is speciﬁed, of the insolv- 225:2;
ent debtors estate shall have been made and executed, appear before Signment'
one of the judges of the Supreme Court, or one of the judges of the
inferior court of common pleas of the county where such debtor shall
have been imprisoned, and take an oath (or if the people called Quakers
an afﬁrmation) justly truly faithfully and impartially without any favor
or affection, to perform do and execute the trust reposed in him or them
by virtue of this act, for the best beneﬁt and advantage of all and every
'28
LAWS OF NEWV YORK. ‘[CHAP. I4.
To ﬁle ac-
countof
each divi-
dendin
one month.
Dividends
to credit-
ors, time in
which to
be made.
Assignee
must be a.
suﬁlcient
freeholder.
Penalty
for neglect
to assign.
Creditors
must give
bonds be-
fore prose-
outing
assignee.
If assignee
neglects to
make divi-
dend.
creditor
may sue.
Papers in
each case
to be ﬁled
with clerk
the creditors of the said insolvent debtor; and that he‘or they the said
assignee or assignees shall and will within one month after he or they
shall have made any division among the creditors of the insolvent
debtor, exhibit and ﬁle in the ofﬁce of the clerk of the county where
such debtor shall have been conﬁned a list or inventory of the estate
or monies so divided as aforesaid.
And &e 2'! fart/zer eaaez‘ea’ a)’ [/26 aaf/zorz'zfv aforesaid That the said
assignee or assignees shall within one month after the expiration of six
months notice directed by the act hereby revived, proceed to and make
a division as aforesaid; and in case the whole of the said insolvent
debtors estate shall not then be converted into money, that then and
in such case the said assignee or assignees shall proceed with all con-
venient dispatch to convert the residue of the said insolvent debtors
estate into money, and Within two months after such ﬁrst division as
aforesaid, shall proceed to another division of the residue, giving at
least one month’s previous notice of such second division, in one or
more of the public newspapers printed in this State, and so as often as
shall be necessary, until the whole of the said insolvent debtors estate
be converted into money and divided among the creditors as aforesaid.
And be it fart/zer eyzaez‘ed by t/ze aaZ/zorz'zj/ aforesaid, That no person
or persons shall or may be appointed an assignee or assignees unless he
or they shall be a good and sufficient freeholder or freeholders of one
of the counties in this State.
A ad a) it fart/zer eaaez‘ed 6y Z/ze azd/zorz'zy aforesaid, That in case any
assignee or assignees that shall be appointed by virtue of this act, and
shall accept of such appointment shall neglect or refuse to convert the
whole or any part of the said insolvent debtors estate into money, that
then and in every such case such assignee or assignees so neglecting or
refusing shall forfeit and be liable to pay a sum or penalty equal to the
value of the estate which he or they shall so neglect or refuse to con-
vert into money as aforesaid, to be recovered with costs by any of the
creditors of the said insolvent debtor in an action of debt, or upon the
case, in any court of record in this State, and by such creditor or cred-
itors so having recovered the same, be paid and divided among all the
creditors of the said insolvent debtor, in such manner and form as a
division is herein before directed to be made by an assignee or assignees.
And [2e 2'! fart/zer eaaez‘ed oy Z/ze az/f/zorz'z‘y aforesaid, That no creditor
shall or may prosecute or recover against any such assignee or assignees
as aforesaid until such creditor shall previously have entered into a
bond payable to the other creditors or the major part of them, with at
least one sufﬁcient surety, being a sufﬁcient freeholder, in such penalty
as the court or any of the judges of the court by whose process such
insolvent debtor shall have been conﬁned in gaol as aforesaid, shall
order, with a condition well and faithfully to prosecute for the said for-
feiture or sum so to be recovered, and to make such division as afore-
said. '
And be 2'! farz‘lzer enaez’ed oy l/ze aaf/zorz'zj/ aforesaid, That in case any
assignee or assignees, that shall be appointed by virtue of this act, shall
neglect or refuse to make a division or divisions of any monies by him
or them received for the use or beneﬁt of any creditor or creditors, such
assignee or assignees, shall be liable to pay the said monies by him or
them received, to be recovered, with costs, by any or every of the
creditors in any court of record in this State. .
Arzd a; 2'2‘ farZ/zer erzaez‘ed &y the aaz‘lzorz'zjl aforesaid, That the peti-
tion account inventory depositions assignment and warrant of discharge,
of each insolvent debtor who shall be discharged in pursuance of this
CHAP. 14.] EIGHTH SESSION. 29
act, shall be ﬁled in the clerk’s ofﬁce of the court out of which the pro- of court
cess issued whereby such insolvent debtor shall have been imprisoned; ex_
except where the discharge shall be made by any justice of the peace ecution
upon any process issued by him; that in such case the petition account Issued‘
inventory depositions assignment and warrant of discharge, shall be ﬁled
with the said justice.
And be it further enacted by the authority aforesaid, That no person No person
shall be entitled to a discharge by virtue of this act, unless one or more $3,135,355“
person or persons shall declare before the court or judge to whom the uptiol
said petition shall be presented, that he or they are willing to accept of 2221,3126
such appointment, and to perform the duties required of him or them trust-
by this act, or unless a certiﬁcate of such acceptance under the hand
and seal of such assignee or assignees, shall be previously produced to
such court or judge, and proved before such court or judge by at least
one credible witness.
And be it further enacted by the authority aforesaid, That this act shall Act ex-
extend to William Mead of the town of Schenectady in the county to
of Albany, Robert Gordon late of Schenectady, in the county of pgrsops
Albany, Isaac Burton of Amenia precinct in Dutchess county, Christo- £1,323:
pher Codwise, Christopher Bancker, Archibald Kerly and Frederick N.
Sander, respectively, of the city of New York, James Blackwell of Black-
wells Island and Duncan McDougall of the county of Albany, although
they are not in actual confinement in any gaol or prison within this
State; and that the proceedings and discharge with respect to each of
them shall be had in the like manner and have the like effect as if they
were in actual conﬁnement at the time of the passing of this act. Pro- Proviso;
aided always, that none of the debtors herein particularly named shall be entitled to relief from the present act, unless so many of the credi- 0t Credit
tors, other than mortgagees, whose debts shall amount to two third 8513M,
parts of the whole monies owing by such debtor (debts secured by
mortgage or mortgages excepted) shall certify to such judge or judges
their consent that such debtor shall have the beneﬁt of this act.
And be it further enacted by the authority aforesaid, That the as- Assignees
signee or assignees to be appointed by virtue of this act, may as often $323“
as may, be necessary exhibit to the judge or judges who shall make such making
appointment his or their accounts of all disbursements made by the ii’gli’if'gi.
Said assignee or assignees in transacting the business relative to the lowances'
the estate of such insolvent debtor or debtors; and the said judge or
judges to whom such account shall be exhibited is and are hereby au-
thorized to allow the same, and to make such further allowances to the _
said assignee or assignees as the said judge or judges may deem reason-
able; and shall certify and tax for the trouble and time expended in the
business relative to the estate of such insolvent debtor or debtors; and
it shall be lawful for the said assignee or assignees to retain such monies
in his or their hands, before anv division of such debtors estate shall be
made as aforesaid.
And be it further enacted by the authority aforesaid That no person Certain
who has been employed in any public department as quartermaster gélﬁzlégs,
commissary or purchaser either under the United States or under this assign-
State, shall be discharged by virtue of this act, unless he proves to the menus by‘
satisfaction of the judge or judges to whom he shall apply for such his
discharge that his public accounts are settled.
30
LAWS OF NEW YORK. [Cl-lAP. 15.
Preamble;
Regents of
University,
difficulty
of securing -
quorum. ‘H
etc.
Additional
Regents
named. ‘l
New Re-
gents to
enjoy full
power and
authority-
Number of
Regents ,
to form a
‘quorum.
What con—
stitutes a
legal meet-
ing of
Regents.
(MAR 15.
AN ACT to amend an act entitled “An act for granting certain
privileges to the college, heretofore called Kings college: for
altering the name and charter thereof, and erecting an univer-
sity within this State” passed the Ist day of May 1784.
PASSED the 26th of November, 1784
VVHEREAs it is represented to the legislature, that the dispersed
residences of many of the regents of the university of this State, and
the largeness of the quorum, who are made capable of business, the
interest and prosperity of the said university, have been greatly
obstructed: And it is also represented, that certain doubts have arisen
in the construction of the act entitled “An act for granting certain
privileges to the college heretofore called Kings-college, for altering the
name and charter thereof and erecting an university within this State”
passed the 1st day of May 1784.” For remedy whereof.
Be it enacted by t/ze People of tbe State of jVew Yor/e, represented in
Senate and Assembly, and it is bereby enacted by t/ze azct/zority of tbe sanze,
That in addition to the regents appointed in and by the before men-
tioned act, the several persons herein after named, shall be and hereby
respectively are constituted regents of the said university (that is to say)
john jay, Samuel Provost, john H. Livingston, john Rodgers, john
Mason, john Ganoe, john Daniel Gros, johann Ch. Kunze, joseph
Delaplain, Gershom Seixas, Alexander Hamilton, john Laurance, john
Rutherford, Morgan Lewis, Leonard Lispenard, john Cochran, Charles
McKnight, Thomas jones, Malachi Treat and Nicholas Romain of New
York, Peter W. Yates, Mathew Vischer and Heenlock Woodruf of
Albany, George I. L. Doll of Ulster, john Vanderbilt of Kings
Thomas Romain of Montgomery, Samuel Buel of Suffolk, Gilbert Liv-
ingston of Dutchess Nathan Kerr of Orange Ebenezer Lockwood of
VVest-chester, john Lloyd jun of Queens, Harmanus Garrison of Rich-
mond & Ebenezer Russell of \Vashington. And that the said respec-
tive regents, hereby constituted, shall enjoy the same power and author-
ity, as are granted to, and vested in the other regents appointed by the
said act, as fully and effectually, as if they had been therein expressly
named.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid That it shall and
may be lawful, to and for the chancellor of the said university, and in
his absence the vice chancellor, and in the absence of both, the regent
next‘ nominated in the before mentioned act who shall be present,
together with any eight or more of the regents duly convened to form
a quorum for the dispatch of the business and affairs of the said uni-
versity, whose acts and proceedings shall be as valid and effectual to all
intents and purposes, as if all the members of the said regency were
actually present. Provided always, that to constitute a legal meeting of
the regents, the time and place for holding the same, shall be previously
ﬁxed by the chancellor, or in his absence the vice chancellor, or in the
absence of both, the regentnext nominated in the said act, by writing
under his hand, and notice thereof signed by the secretary of the uni-
versity shall previously be advertised in one of the public newspapers
for at least two weeks, to give all the regents within a convenient dis-
tance, an opportunity of attending.
CHAP. 16.] EIGHTH SESSION. 31
A 12d be z'z‘farz‘ber enacted by the aaz‘borz'zfy aferesaz'd, That there shall Annual
be an annual meeting of the Regents of the said university, which shall {,‘i‘gimg‘gh
be held at the time and place, where the legislature shall ﬁrst be con- Place-
vened after the ﬁrst Monday of July in every year and that at every
such meeting, the acts and proceedings of the regents of the university,
shall be reported and examined.
And be {2‘ farz‘ber enaez‘ed by the auZ/zorz'z‘y aferesaz'd, That it shall and Clerical re-
may be lawful to and for the clergy of each respective religious denom- 5122;211:015‘;
ination in this State, respectively to meet at such time and place as have full
. . power.
they shall deem proper after the passing of this act, and then and there
by a majority of voices of the members of each respective denomina-
tion so assembled, to elect oneof each of their respective bodies to be
a regent of the said university, and in case of death or resignation, to
elect successors in the same manner; and every regent so elected shall
have the like powers as any regent constituted by this act, or the act
hereby amended. ' '
And be z'z‘farZ/zer eaaez‘ed by Z/ze azzt/zbrz'zy aferesaz'd, That the next meet- Time Of
- - - - next meet-
ing of the regents of the said unlverslty, shall be held at the senate iugﬁxed,
chamber, the day after the rising of the legislature, if that day shall
not happen on Sunday, in which case, the said meeting shall be held on
the day succeeding, and a sufﬁcient quorum of the regents being
assembled shall have power to adjourn from time to time, and to any
place, they shall think ﬁt for the dispatch of the business of the said
university.
And be 2'! farZ/zer e/zaez‘ed by Z/ze aaZ/wrz'zj/ aforesaid, That it shall and Treasury
- . - - , to advance
may be lawful to and for the treasurer of this State, and he 15 hereby monies for
authorised and required to advance, to the treasurer of the said uni-‘6213mm
versity for the use of Columbia college, a sum not exceeding two thous- College.
and ﬁve hundred and ﬁfty two pounds, for which the said regents shall
be accountable out of the funds of the said Columbia college.
()HAP. 16.
AN ACT to compel the payment of the arrears of taxes, for
enforcing the payment of ﬁnes and amerciaments, obliging
sheriffs to give security for the due execution of their ofﬁces,
and for other purposes. ‘
PASSED the 26th of November, 1784.
WHEREAS it has been represented to the legislature that the tax Preamble;
directed to be raised by virtue of the act entitled “An act for raising 22111115,? to
£100,000 within the several counties therein mentioned” passed the 2¥6§i$10t0%§
6th May 1784, has not been raised and collected, and that in some of levied (in
the towns manors districts precincts and wards no assessments have
been made within the time directed, and in others the assessments have
been made without the assessors having been previously qualiﬁed; and
doubts have arisen whether the said tax can be collected without farther
legislative provision. ' ‘
Be it Z/zerefbre erzaez‘ed by Z/ze Peejﬁle 0f z‘be Sz‘az‘e 0f [Vew Yer/e, repre- Assessors
sealed in Senate and Assembly, and it is lzereby e/zaez‘ed by file aaZ/zbrz'zj/ 0f $922215‘.
[be same, That the assessors of the respective districts towns manors ffisfh’nents
precincts and wards in the several counties wherein the said tax was ,allpvssible
directed to be raised who have not made or completed the assessments Chspatch
3
LAWS OF NEW YORK. [cam 16.
Oath of
assessors.
Appoint-
ment of
county
treasurer,
Where
vacancy
exists.
Forfeit-
ures.
amount in-
creased ;
attorney
general to
prosecute
for.
Former as~
sessments
and collec-
tion de—
clared
valid.
Time ﬁxed
for pay-
ment of
monies to
State treas-
urer.
as directed by the said act, shall with all possible despatch after the .
passing of this act make and complete the same in the manner in and
by the said act required; and that each assessor, if he hath not taken
the following oath, shall before he proceeds on the execution of his
ofﬁce take and subscribe before a justice of the peace of the county
wherein he resides, and who is hereby required to administer the same,
an oath prescribed in and by the sixth clause of An act for increasing
the number of assessors throughout this State, passed 12th May 1778,
and which oath is in the words following vizt. I an assessor
elected for do solemnly & sincerely swear and declare in the
presence of Almighty God that I will honestly and impartially assess
the several persons and estates within the and that in making
such assessments I will to the best of my knowledge and judgment
observe the directions of the several laws of this State requiring and
directing each respective assessment to be made, so help me God. Pro-
aided that if any assessor shall be of the people called Quakers, before
he enters upon the duties of his ofﬁce he shall take a like afﬁrmation
instead of the oath aforesaid.
And a» it fart/zer e/zaeted 6)) the aat/iorizy aforesaid, That the super-
visors in the several counties within this State (except in the city and
county of New York) wherein no county treasurer, is appointed, shall
forthwith meet together and in the manner heretofore accustomed Within
this State appoint some ﬁt person to that ofﬁce, and in case of neglect
of the supervisor to make such appointment for the space of thirty days
next after the day of the passing of this act each such supervisor so
neglecting shall forfeit the sum of one hundred pounds to be recovered
with costs in an action of debt by the treasurer of this State in his own
name for the use of the people thereof.
A /:d oe it fart/zer enacted try the aat/iority aforesaid, That the forfeiture
of twenty pounds mentioned in the thirteenth section of the afore-
said act shall be and is hereby encreased to the sum of one hundred
pounds. And the several officers mentioned in this act, for every neg-
lector refusal to execute the duties thereby enjoined on them respect-
ively, besides the aforesaid forfeitures by the aforesaid acts or herein
declared, are hereby declared to be and made subject to a prosection at
the suit of the people of this State by information in the name of the
attorney general; and it is hereby expressly made his duty on the report
of the treasurer of this State that either of the said ofﬁcers have neg-
lected or refused to execute or perform any duty thereby enjoined on
him, to ﬁle and prosecute such information, any former or other law to
the contrary thereof, in any wise notwithstanding; and that in such
prosecution or prosecutions the defendant or defendants shall not be
allowed more than one iniparlance, and if convicted shall have judg-
ment against him or them for such ﬁne or ﬁnes as the court in which
the information may be prosecuted shall adjudge, with the costs of the
prosecution.
And ae it fart/zer erzaeted 5y t/ze aztt/zorizj/ aforesaid That the assess-
ments which have been made in pursuance of the aforesaid act, and the
tax or any part thereof which has been collected in pursuance of the
said act, are hereby declared to be valid and effectual, notwithstanding
the assessors at the time of making such assessment had not taken the
oath or afﬁrmation by law prescribed.
And w/zereas the time limitted in and by the aforesaid act for the pay~
ment of the ﬁrst moiety of the monies thereby directed to be raised, is
elapsed. Be it therefore enaeted 6)) the aut/zority aforesaid, that the ﬁrst
moiety of the said tax shall be paid into the treasury of this State on or
CHAP 16.] EIGHTH SESSION. 33
before the ﬁrst day of March next and the other moiety thereof on or
before the ﬁrst day of October next.
And be it further enacted by the authority aforesaid That Joshua Pine Assessors
George Briggs and Eden Hunt, assessors of the burrough and town of ‘SQQQZQGZE
West Chester, who assessed the sum apportioned to the said burrough “In: dish
and town, pursuant to the act for raising one hundred thousand pounds frhaihgeeer-
within the several counties therein mentioned, according to the direc-
Penal‘
tions of the said act, shall be and are hereby declared to be discharged
from suits commenced against them respectively for the penalty of
twenty ﬁve pounds, as having been incurred by them respectively for
having neglected to take the oath of an assessor as prescribed by the
act entitled “An act for increasing the number of assessors throughout
this State ”; and that the attorney general of this State shall enter dis-
continuances in the said several suits, and not farther prosecute the
same.
And be it further enacted by the authority aforesaid That no writ of Oertiorari,
certiorari already issued to remove the proceeding of any justice of the Zggciifg,
peace who may have given‘ judgment in favor of any collector against nﬁt‘wge.
any person or persons for neglecting or refusing tolpay the tax assessed m
on him her or them by virtue of the said act entitled “An act for raising cases‘
£100,000 within the several counties therein mentioned ” shall stay or
supersede the execution thereon; and that no writ of certiorari shall be
hereafter allowed to remove the proceedings of any justice of the peace
who shall give judgment in favor of any collector against any person or
persons who shall neglect or refuse to pay the tax asssessed on him her
or them by virtue of the act aforesaid, or by virtue of any of the acts
herein after mentioned to compel the payment of the arrearage of taxes
therein speciﬁed, any law to the contrary notwithstanding.
And whereas the ﬁne imposed on county treasurers by the act entitled
“An act to compel the payment of the arrearages of taxes” passed 24th
July 1782, is inadequate,
Be it therefore enacted by the authority aforesaid, That instead of the Penalty
forfeiture of ﬁfty pounds imposed by the last mentioned act on the {gr $53?
county treasurer for neglect or refusal to perform the duties prescribed treasure!‘
by the said act, the said county treasurer shall for every future neglect misled,
or refusalforfeit the sum of two hundred pounds, to be recovered and
applied in the same manner as in the second clause of this act is
directed.
And whereas it has been represented to the legislature that some of Preamble,
the supervisors and collectors of the wards towns manors districts or 33580131?’
precincts mentioned in the said act entitled “ An act to compel the pay- ew-
ment of the arrearages of taxes ” have not within the time thereby
directed delivered the tax lists therein mentioned or copies thereof to
the county treasurers, and that some of the tax lists have been lost or
destroyed, by means whereof the said taxes have not been collected.
Be it therefore enacted by the authority aforesaid That the said Super- Supervis-
visors or collectors of the said wards towns manors districts or pre- 35181353,”
cincts, or any of their successors in whose hands or possession any of to deliver
the said tax lists shall be at the time of the passing of this act, shall to
within three kalender months after the passing of this act, deliver the f‘fiifi‘lllrer
same to the county treasurer of the county in which the assessment was three
made; and that each supervisor or collector who shall neglect so to do, months‘
shall forfeit the sum of one hundred pounds, besides costs of suit, to be
recovered and applied as in the second clause of this act is directed.
And be it further enacted by the authority aforesaid, That where the Froceed-
. . . . or b
tax lists of any ward town manor district or precinct shall not be 2213116;
VoL. 2. ——5.
34
LAWS OF NEW YORK. [CHAR 16.
treasurer
where tax
list not
delivered.
Assessors
to notify
persons,
who have
previously
paid their
taxes, to
make
proof
thereof.
Certain
taxes,
when to be
paid.
Collectors,
penalty for
neglect; to
be prose—
outed by
county
treasurer.
Treasurer
who does
not prose—-
cute to be
accounta—
le for
amount of
deﬁciency.
County
treasurers
accounta-
ble to State
treasurer
for all
monies re-
ceived;
may be
prose-
cuted.
Interest
not to be
allowed on
certiﬁ-
delivered to the county treasurer, the treasurer of the county shall in
that case proceed without delay to ascertain the value of the money
agreeable to the fourth clause of the act entitled “An act to compel
the payment of the arrearages of taxes ” at which such ward town
manor district or precinct had been quotaed, and which remains unpaid
to the treasurer of the county ; and thereupon direct the assessors
thereof to apportion the same as in and by the act the tax list whereon
is so lost or destroyed, is directed ; and each assessor who shall neglect
or refuse to make such apportionment shall forfeit the sum of one hun-
dred pounds, besides the costs of prosecution, to be recovered and
applied as in the said second clause is directed: Provided that before
the respective assessors proceed to make their assessments on the inhab-
itants of the ward town manor district or precinct aforesaid for the
purpose mentioned in this clause, they shall respectively cause adver-
tizements to be put up in at least three of the most public places in the
said ward town manor district or precinct, notifying that they will
respectively meet at a certain time and place therein to be mentioned,
to make such assessment as in this‘ clause is mentioned ; and it shall be
lawful for the said assessors respectively to administer an oath, or if of
the people called Quakers an afﬁrmation, to each person respectively
who cannot otherwise prove that he has paid the said tax to be assessed;
and upon such oath or afﬁrmation being made, or other proof given of
the payment of the tax, to omit to assess such person on any‘ sum for
the said tax.
And be it fzcrt/zer enacted by tbe ant/zority aforesaid, That the taxes
directed to be paid by the said last mentioned act, shall be paid into
the treasury of this State on or before the ﬁrst day of October next.
And be it fzcrt/ter enacted by Me azct/zority aforesaid, That in case any
collector or collectors shall have neglected to pay the monies or any
part thereof by him or them collected in pursuance of the said last
mentioned act and shall neglect to pay the same into the county treas-
ury, in specie, (according to the value of such monies when he or they
should have paid the same into the treasury) within three months after
the passing of this act, every such collector so neglecting shall forfeit
and pay to the people of this State, besides costs, a sum in specie equal
to the several sums by him or them so collected, to be recovered with-
out delay, in an action of debt, or upon the case, in the name of the
said treasurer, in any court of record in this State, and by him be paid
into the treasury thereof. And in case the said treasurer shall neglect
to prosecute for the said forfeitures, or any of them, as aforesaid, he
shall be accountable for the amount thereof to the treasurer of this
State as so much money actually received by him for the use of this
State.
And be it fccrt/zer enacted by t/ce azct/zority aforesaid That in case any
county treasurer or treasurers shall have neglected to pay into the treas-
ury of this State any monies by him or them received for taxes, such
treasurers, and every of them, shall be accountable to the treasurer of
this State for the amount of such sums of money so by him or them
received, according to the value thereof at the time he or they shall so
have received the same. And the said treasurer of this State is hereby
authorized and required to prosecute for the same without delay in his
own name in any court of record in this State in an action of debt, or
upon the case, wherein he shall recover with costs.
And be it fart/zer enacted by tile ant/zority aforesaid That the collectors
respectively in this act mentioned shall not allow to the person or per-
sons respectively who may be in arrear for taxes, any interest on the
"CHAP. 16.] EIGHTH SESSION. 35
certiﬁcates directed to be received in the ﬁfth clause of the act last cates re-
_ . . - - ceived in
before mentioned. , and that all certiﬁcates receivable in payment of payment
sales of conﬁscated property sold at public vendue, speciﬁed in an act of taxes;
entitled“ An act for the speedy sale of the conﬁscated and forfeited
estates within this State, and for other purposes therein mentioned”
passed 12th May 1784, shall be received by the collectors respectively,
in all payments for the arrears of taxes to be collected in pursuance of
the act last before mentioned, without any computation of or allow-
ance for the interest due on such certiﬁcates.
And 'zrl/zereas counterfeit bills of credit have in some instances been Preamble;
received by the collectors of the respective wards towns manors pre- I‘jgrtf‘éi‘éfgh'ls
cincts and districts in this State in payment for taxes in pursuance of Of Credit-
laws heretofore passed, the loss whereof has fallen upon the respective
collectors; therefore,
Be iz‘ farz‘ber e/zaez‘ed by the aaz‘lzorizj/ aforesaid, That it shall and Proceed-
may be lawful for the justices and supervisors of the several wards re_
towns manors precincts and districts in this State where it shall appear to them reepectively by satisfactory proof on oath that the collector of feit bills or
the said ward town manor precinct or district in which such justices ggtfglgtgg’,
and surpervisors do reside, hath received counterfeit bills of credit in
payment for taxes by law heretofore directed to be collected not know~
ing them to be counterfeit, the loss whereof hath been sustained by such
collector, to reduce the amount of such loss to its value in specie at the
time such bills were respectively received, and to cause the said sum
in specie to be raised in the said respective wards towns manors pre-
cincts or districts in like manner as the other contingent charges of such
ward town manor precinct or district are raised; and when raised to be
paid to such collector.
And w/zereas it is necessary to enforce the collection of the arrearage Preamble;
arrearages
. c‘ . . . .
‘of the taxes on the act entitled An act for raising a tax in specie and a of taxes_
tax in paper currency ” passed June 30th 1781, and on the act entitled
“An act for levying a tax within this State” passed 20th November
1781, and also on the act entitled An act for raising the sum of £18,000,
and the further sum of £18,000 by tax within this State, and for set-
tling public accounts, passed the 11th April 1782, and also on an act
entitled “An act for levying a tax within this State” passed 22d july
1782, and also on the act entitled An act for raising moneys by tax”
passed 25th March 1783.
Be it z‘lzerefore e/zaefed by Z/ze aaz‘borizj/ aforesaid, That the several Former
persons who were collectors btween the thirtieth days of June one thou- 5812663353,,
sand seven hundred and eighty one, and the ﬁrst Thursday of May one for monies
thousand seven hundred and eighty four shall and they are hereby {3°55}?
required on or before the ﬁrst day of March next to pay unto the pres-
sent county treasurer in each county respectively, such monies as they '
shall have collected under all or any of the last mentioned acts, and
which have not already been paid into the treasury of the county, and
that the said collectors also shall and are hereby required without delay
to proceed to collect the arrearages of the taxes which have not yet been
collected on the said acts, or any of them; and that they the said col~
lectors shall on or before the ﬁrst day of October next, pay into the
treasury of the said counties respectively, the monies which they shall
so collect as aforesaid.
And be iz‘ farz‘ber eizaez‘ed by t/ze aaZ/zoriz‘y aforesaid, That in case any Where
of the said persons who were collectors as aforesaid have since died, ﬁglgilgﬁtroris
then and in every such case the executors or administrators of such deadﬁax
. . . 'm b
collector so deceased, shall, and they are hereby respectively required ‘Ailiv‘ére‘é
36
LAWS OF NEW YORK. [CHAR 16.
to present
collector.
Where
former col-
lector has
removed
to another
district in
same
county
Where
former
collector
has re-
moved out
ofthe
county
Where
former
collector
has re-
moved out
of the
State.
Rate of al—
lowance to
collectors.
Taxes. in
what mon-
ies receiv-
able.
Collectors,
how to
proceed to
enforce
collection .
Penalties
if collec-
tors fail to
to deliver the several tax lists of the said collectors, whose executors or
administrators they are, to the present collector of the city town manor
district or precinct of the county, without delay: And the said present
collectors and every of them are hereby authorized and commanded
on the receipt of such tax lists, without delay to proceed to the col~
lection of the arrearages due on the several tax lists aforesaid.
And be it fart/zer enacted by t/ze aut/zority aforesaid, That in case any
of the said former collectors who have neglected to collect all of the
monies due according to his tax list, shall have removed, and now
reside out of the ﬁrst district, whereof he was collector as aforesaid,
and shall now reside in any other district of the same county, every
such former collector shall, and is hereby authorized and required with-
out delay to proceed to the collection of the arrearages due on the taxes
aforesaid, and which might by him to have been collected.
And be it fart/zer enacted by t/ze aat/zority aforesaid, That in case any
such former collectors who have neglected to collect all of the monies
due according to the tax list, shall have removed, and now reside out
of the county in which he resided when he was a collector as aforesaid,
then and in all such cases the said several former collectors shall, and
they are hereby required on or before the ﬁrst day of February next to
deliver their respective tax lists as aforesaid, to the present collector
of the respective wards towns manors precincts and districts in which
the said former collectors shall been chosen as aforesaid. And the
said present collectors shall and are hereby authorized and severally
required on the receipt of such tax list, without delay to proceed to the
collection of the arrearages due on the several tax lists aforesaid.
And be it fart/zer enacted by t/ze aat/zorizy aforesaid, That in case any
former collector shall have removed and now resides out of this State,
then and in every such case it shall be the duty of the supervisor of the
ward town manor district or precinct from whence such collector shall
have removed, to procure the said tax list of such collector, and deliver
the same without delay, to the present collector, who is hereby required
to proceed thereupon immediately, to collect the arrearage or monies
thereupon due.
And be it fart/zer erzaeted by t/ze aat/zorizy aforesaid, That it shall and
may be lawful for the several collectors who shall collect any of the
aforesaid taxes, to keep and retain in their hands, at the rate of sixpence
in the pound, and no more, for the monies they shall respectively collect
in pursuance of this act; except the collectors of the cities of New York
& Albany, Where no greater poundage shall be allowed than at the rate
of three pence in the pound for the monies that shall be there collected
in pursuance of this act, any law to the contrary thereof in any wise
notwithstanding.
And be it fart/zer eaaeted by t/ze aat/zority aforesaid That the said sev-
eral taxes shall be collected and paid in specie or new emission money
of this State.
And be it fart/zer erzaeted by tbe aat/zorizy aforesaid, That the collectors
in all and every of the wards, towns, manors districts and precincts in
the several counties of this State, and every of them, shall, and may, in
case of neglect or refusal of the payment of any of the aforesaid taxes
in manner and form aforesaid, proceed to levy and recover the same
agreeable to the ﬁfth clause of the said act entitled “An act for raising
£ 100,000 within the several counties therein mentioned,” passed May
6th 1784.
And be it further matted by the authority aforesaid, That in case any
of the persons who were collectors between the said thirtieth day of
'CHAP. 16.] - EIGHTH SESSION.
37
June one thousand seven hundred and eighty one, and the ﬁrst Tues-
day in May one thousand seven hundred and eighty four, and also in
case any of the'executors or administrators of such of the said collectors
as have since died, and also in case any of the present collectors of any
. of the cities wards towns manors districts or precincts in any of the
counties in this State shall neglect or refuse to do and perform any of
the duties required of them by this act, all and every such former col-
lector his executors and administrators, and all and every present col-
lector so neglecting or refusing to do and perform any of the duties
aforesaid, in manner and form aforesaid, shall forfeit and pay to the
people of'this State the penal sum of one hundred-pounds, besides costs,
to be sued for and recovered in the name of the treasurer of the county
Where such neglect or refusal shall or may happen, and by such treas-
perform
duties iin-
posed on
them as
above.
ures of the county be paid into the treasury of this State; proziz'dedProviso;
always that none of the said forfeitures or penalties shall extend to such
of the said persons, or of the said executors or administrators who shall
not have it in their power to procure and deliver the said tax lists
according to the true intent and meaning of this act.
A no’ ﬁe 2'2‘ fare/lee e/zaez‘ea’ ﬁy [ﬁe aaZ/zorz'zfy aforesaz'a’, That in case any
of the said county treasurers shall neglect or refuse without delay to
prosecute to effect for the recovery of any such forfeitures or penalties
aforesaid by him to be sued for and recovered, every such county treas-
urer so neglecting or refusing, shall for every such neglect or refusal
forfeit and pay to the people of this‘ State the penal sum of two hundred
pounds, to be recovered with costs in any court of record in this State,
in the name of the treasurer thereof; and it is hereby declared to be the
duty of the said treasurer, and he is hereby required to prosecute for
the same. .
A 12a’ ﬁe z'z‘farf/zer e/zaez‘ea’ ﬁy Z/ze auf/zorz'zj/ aforesaid, That the secretary
of this State shall with all convenient despatch, procure a sufﬁcient
number of copies of this act to be printed, and transmit the same with-
out delay to the several treasurers of the respective counties in this
State, by them to be forwarded as soon as possible to the several super—
visors assessors and collectors in the said counties respectively.
A no’ ﬁe z'z‘farZ/zer e/zaez‘ea’ ﬁy Z/ze aaf/zorz'zj/ aforesaid, That the act enti-
tled An act for the appointment of commissioners to procure monies on
loan and clothing for the use of this State, passed the 7th day of March
1781, shall be and the same is hereby declared to be repealed, so far as
where not
in power of
persons to
perform.
Penalty if
county
treasurer
neglects to
prosecute.
Printed
copies of
this act to
be forth-
With dis-
tributed by
secretary
of State.
Certain act
therein
named re-
pealed.
the same imposed a tax on the articles therein enumerated. Prooz'a’ea’ Proviso;
ne-ziert/zeless, that such repeal shall not be construed so as to excuse the
‘collection of any arrears due on any former assessment made in conse-
quence'of the said act. ~
A/za’ ﬁe z'z‘ furl/£67’ eizaelea’ ﬁy Z/ze azzZ/zorz'zj/ aforesaz'a’, That the tax
quotaed on the united districts of Duanesburgh and Schoharie in the
county of Albany, in pursuance of the act entitled “An act for raising
monies by tax,” passed 25th March 1783, is hereby remitted.
A no’ ﬁe z'z‘ fa/"f/zer e/zaez‘ea’ ﬁy Z/ze aat/zorz'zj/ aforesaz'a’ That in case‘ any
of the persons who have been rated or taxed on any of the aforesaid
acts shall have removed to and reside in another county than where he
was rated or taxed, then and in every such case the several collectors of
the district out of which such person shall so have removed shall and
may prosecute for the arrears of taxes due by such person so having
removed as aforesaid before any justice of the county in which such
person so having removed shall reside; and such justices and every of
‘them are hereby authorized and required to hear try and determine the
not 130
effect as-
sessments
already
made.
Duanes-
burg,r and
Schoharie,
certain tax
remitted.
Where
person
taxed has
removed to
another
county,
how tax
collected.
LAWS OF NEW YORK. [CHAR 16..
Former
collectors
to im medi-
ately ren-
der ac-
counts to
supervi-
sors.
Courts of
record to
ﬁle in ofﬁce
Of State
treasurer
list of all
ﬁnes and
amercea-
ments im-
posed by
virtue of
this act.
Sheriffs to
render ac-
counts of
all ﬁnes
and amer-
ceaments
collected
by them.
Penalty
for neg-
lect.
Sheriffs
hereafter
to give se-
curity in
the sum of
£200.
Bonds‘,
where
ﬁled.
same, in the like manner as if such person so rated or taxed had not
removed as aforesaid. .
And be it fart/zer enacted by t/ze aat/zority aforesaid That every of the
said former collectors shall and they are hereby required without delay
to appear before the present supervisor of the ward town manor pre-
cinct or district where such collector shall have been chosen, and deliver
to such supervisor an account on oath or if of the people called Quakers
afﬁrmation of all and every the sum and sums of money which any
such collector shall have received or collected for taxes on any of the
aforesaid acts, and which said oath or afﬁrmation the said supervisors
are hereby respectively authorized and required to administer; and
that the said several supervisors who shall receive such account on oath
as aforesaid shall without delay deliver the same to the treasurer of the
county. '
And be it fart/ier enacted by t/ze azct/iority aforesaid, That the clerks
of the respective courts of record in this State shall and it is hereby
declared to be their duty on or before the ﬁrst day of March next, trans-
mit and ﬁle in the treasury of this State an account or list of all and
every the ﬁnes and amerceaments which have been laid or adjudged in
any of the courts of record in this State since the ﬁrst day of April
one thousand seven hundred and eighty.
And be it fart/zer enacted by t/ze azct/zority aforesaid That the respec~
tive persons who have been appointed a sheriff or sheriffs of any of the
counties of this State since the twentieth day of May one thousand
seven hundred and seventy seven, and the present sheriffs of any of the
said counties shall and they are hereby required on or before the ﬁrst
day of june next to exhibit and ﬁle on oath an account or list of all such
monies which they shall have received for any of the ﬁnes or amercea-
ments aforesaid, and the several days they have levied or received the
same, and deliver such account to the auditor of this State for settle-
ment; and that every such person who has been or now is sheriff as
aforesaid, who shall neglect to do the same, shall forfeit. and pay to the
people of this State the penal sum of ﬁve hundred pounds, besides
costs, to be sued for and recovered in the name of the treasurer of this
State ; and it is hereby declared to be the duty of the said treasurer to
prosecute for the same.
And be it fnrt/zer enacted by t/ze azct/zority aforesaid, That every person
hereafter to be appointed to the ofﬁce of sheriff of any city or county
within this State before he be permitted to exercise the said ofﬁce shall
give and enter into bond to the people of this State in the penal sum
of two hundred pounds with two sufﬁcient sureties being freeholders,
each in the penal sum of one thousand pounds, conditioned that such
sheriff shall well and faithfully in all things perform and execute the
said ofﬁce of sheriff without fraud deceit or oppression, which bonds
shall be ﬁled in the clerks ofﬁce of the counties respectively, for which
the respective sheriffs shall be appointed, and the said clerks respectively
shall judge of and determine the competency of such sureties.
can». 17.] EIGHTH SESSION. 39
CHAP. l 7.
AN ACT for the payment of certain contingent expences, and
for other purposes therein mentioned.
PASSED the 29th of November, 1784.
Be it e/zaeled by l/ze People of Me Slale of New Yor/e, represented in Treasurer
Se/zale and Assembly, and if is lzereby e/zaeled' by l/ze aal/zorizy of l/ze same, $015,138
That the treasurer of this State shall out of the monies which now are out of
or hereafter may be in the treasury and not otherwise specially appro- ﬁgeggﬁgg'm
priated pay the following sums of money, and to the following persons Perseus-
to wit.
To each of the delegates of this State at and after the rate of ﬁve Delegates
dollars per day for such time as they have attended or shall attend or 2362311‘
were going to or returning from Congress to their respective places of” '
abode, according to such accounts as they shall respectively produce
audited by auditor of the State, provided that the monies from time to
time advanced to the said delegates shall be charged to their accounts
respectively, and the treasurer is hereby authorized to advance to each
of the delegates respectively who shall attend in Congress a sum not
exceeding two hundred pounds.
To the several members of the Senate and Assembly for each and Members
every day they shall have severally attended in Senate and Assembly gflgenate
during the present meeting of the Legislature and for each and every Assembly-
day they shall have been or may be travelling to and from their respec-
tive places of abode, to the place of the said meeting of the Legislature
each the sum of sixteen shillings per day, agreeable to such accounts
thereof as they shall ‘severally produce certiﬁed by the president of the
Senate or speaker of the Assembly as the case may be; the account of
the president of the Senate to be certiﬁed by the clerk of the Senate,
and the account of the speaker of the Assembly to be certiﬁed by the
clerk of the Assembly.
To the former members of the council of appointment at and after Council of
the rate of sixteen shillings per day during their attendance on the gepn‘gnt"
council in the recess of the Legislature, and for the time of their travel-
ling from and to their respective places of abode, according to such
accounts as the clerk of the said council shall certify.
To John McKesson Esquire clerk of the Assembly, and Abraham B. Clerks of
Bancker Esquire clerk of the Senate for their services in their respec-
tive stations during the present meeting of the legislature, each thirty
shillings per day, and for several sums by them severally advanced for
the use of the Senate and Assembly respectively, the amounts of such
accounts thereof respectively as they shall severally produce certiﬁed
by the president of the Senate or speaker of the Assembly, as the case
may require.
To the door keepers of the Senate and Assembly during the present noerkeep-
meeting of the legislature each sixteen shillings per day agreeable to 2258""
such certiﬁcates thereof as they shall respectively produce, certiﬁed by Assembly-
the president of the Senate or speaker of the Assembly.
Arid w/zereas in and by the forty sixth section of the act entitled Preamble;
“ An act for the speedy sale of the conﬁscated estates within this State 35,35?“
and for other purposes therein mentioned, passed the 12th day of May 8%“ _
1784 it is declared that citizens of this State who are indebted to any YatZSBa‘i-i
persons whose real or personal estates are forfeited to the people of this forfeited‘
40
LAWS OF NEW YORK. [CHAR 17.
Time for
payment
extended.
Robert
Henry et
al. for
stove de-
stroyed.
Advances
to agents
for vindi-
cating
rights of
this State
in the con-
troversy
with
Massachu—
setts.
Auditor .
audit ac-
counts of
levies
drafted
into conti-
nental line
and issue
certi ﬂ—
cates.
William
Roe, for
services
during
late war.
Collector
of customs
at New
York to
remit cer-
tain duties.
State should and might pay such debts into the treasury of this State
within six months after the passing of the said act, and zo/zereas it is
deemed expedient that a farther time should be given for the payment
of the said debts, be it t/zerefore enacted by t/ze azct/zorizy' aforesaid that
it shall and may be lawful for such debtors, and for such person or '
persons who have purchased any lands which were at the time of such
purchase mortgaged and which mortgages have become forfeited as
aforesaid to pay the monies as provided in and by the said act and the
monies due on such mortgages into the treasury, provided the same be
so paid on or before the ﬁrst day of November next ; and the commis-
sioner or commissioners are hereby inhibited from suing for and recov-
ering the said debts untill after the said ﬁrst day of November, any
thing in the said forty sixth section to the contrary notwithstanding.
And be it fart/zer erzacted by t/ze azct/iorizy aforesaid, That it shall and
may be lawful for the treasurer of this State to pay out of any monies
in his hands unappropriated to Robert Henry or Matthew Watson the
sum of thirty seven pounds for an iron'stove the property of the Pres-
byterian Church in the city of Albany which was destroyed by ﬁre while
in the use of the Legislature of the State at Kingston.
And be it fart/cor enacted by t/ze azct/zorizfy aforesaid, That it shall and
may be lawful for the treasurer of this State and he is hereby required
to advance unto the agents appointed in pursuance of the act entitled
“ An act to appoint agents or commissioners for vindicating the right
and jurisdiction of this State against the claims of the Common wealth
of the Massachusetts pursuant to the Articles of Confederation and Per-
petual Union of the United States passed during the present meeting of
the legislature,”'or to any two of them, on their receipt, such sum or
or sums of money as they shall require to defray the expence of the
trust reposed in them, not exceeding one thousand pounds, for which
they shall be accountable.
And be it fzcrt/zer enacted by tile azct/zorizj/ aforesaid, That it shall and
may be lawful for the auditor to audit the accounts of the levies of this
State who were from time to time drafted in the Continental line of
this State on the ofﬁcers under whose command the said levies served
producing the necessary proofs to the auditor from the paymaster of
the regiment in which the levies respectively served the time of their
inlistment and which have not been settled with by the paymaster gen-
eral and charge the same to the account of the United States, and the
treasurer is hereby directed to grant certiﬁcates to the levies aforesaid
in like manner as has been granted to the levies and ‘militia of this State
agreeable to an act entitled An act for the settlement of the pay of the
levies and militia for their services in the late war and for other pur-
poses therein mentioned, passed 27th day of April 1784.
And be it fart/zer enacted by t/ze azct/zority aforesaid That it shall be
lawful for the treasurer of this State to pay William Roe out of any
unappropriated monies in his hands the sum of twenty pounds in con-
sideration of services rendered by him to the United States in the
course of the late 4 war, and charge the same to the account’ of the
United States.
And be it fzcrt/zer enacted by t/ze azct/zority aforesaid, That it shall and
may be lawful for the collector of the customs at New York and he is
hereby authorized and required to remit the duties accrued on merchan- -
dize consigned to Samuel Franklin & Co. and to be by them forwarded
to New Port in the State of Rhode Island, and were exported by them
accordingly, & for payment whereof they have given bonds to the
said collector, the said Samuel Franklin & Co. ﬁrst producing to the
CHAP. 17.] EIGHTH SESSION. 41
said collector proper certiﬁcates of the said merchandize having been
duly landed reported and entered at the custom house at New Port
aforesaid. ~
And ﬁe iz‘ fari/zer enaez‘ed ﬁy z‘ﬁe aaZ/zorizj) aforesaid, That it shall be Pensions
lawful for the treasurer of this State to pay the pensions of John Rice, fl‘i’s‘ég‘ig‘g“
David Wendell and Gerardus Moke disabled soldiers inhabitants of this Soldiers
State on their producing to him their discharges as required by the act making further provision for persons who have or may become disabled
while in the service of the United States passed 18th March, 1783, any
thing in the said act to the contrary notwithstanding.
A/zd ﬁe ii fari/zer e/zaez‘ed ﬁy i/ie aat/zoriij' aforesaid That it shall and Lieut.
may be lawful for the auditor of this State to audit the account of Ephraim Vrooman a lieut. in Collo. Peter Vrooman’s regiment of militia account '
for his pay while in actual service or in captivity and the treasurer of Of‘
this State is hereby authorized and directed to pay to the said Ephraim
Vrooman twenty pounds in specie in part of such account and grant
certiﬁcates in like manner as has been given to the militia of this State
for the residue of the amount of such account.
A/id ﬁe ii fari/ier e/zaez‘ed ﬁy i/ze aai/iori/y aforesaid That it shall and Johns—
may be lawful for the commissioners of forfeited estates in the western gifl‘l‘gglfree
district to set apart for the use of a school, the house and lot of ground house at.
in Johnstown commonly known by the name of the free school house if
not already disposed of consisting of half an acre of ground any thing
in the act for the speedy sale of conﬁscated and forfeited estates within
this State and for other purposes therein mentioned passed Izth May
1784 to the contrary in any wise notwithstanding.
A/id ﬁe ii‘ fari/zer eizaez‘ed ﬁy z‘ﬁe aai/zoriij/ aforesaid That it shall be Maj, Gen_
lawful for the auditor and treasurer of this State and they are hereby {H'Pggh
directed to audit and settle the accounts of Major General McDougall, gilhers, ac-
Brigadier General James Clinton and such of their respective suits as counts of‘
are inhabitants of this State, of John Gano chaplain and of the late
troops of this State in the service of the United States for the months
of August, September, October November and December in the year
1:780, and the treasurer is hereby directed to pay to Michael Conolly
out of any money unappropriated in his hands the sum of‘ﬁve thousand
pounds on account, and to be by him applied to the payment of the
said Major General McDougall, Brigadier General James Clinton and
such of their suits as aforesaid the said John Gano and of the said
troops for the months aforesaid, in equal proportions according to the
sums due to them respectively.
Azzd ﬁe ii‘ fart/zer e/zaez‘ed ﬁy t/ie aat/zoriz‘y aforesaid, That it shall be Margaret
lawful.for the treasurer of the State to pay to Margaret Riker, the one Pike?» for
half of the amount of a certiﬁcate given to her, for her late husbands ﬁﬁ‘gbiﬁi’rs
depreciation of pay and indorse the same on the said certiﬁcate. pay‘
A/id ﬁe ii‘ fari/ier e/zaez‘ed ﬁy Z/ze aai/zoriziv aforesaid That it shall be Cornelius
lawful for the said treasurer to pay unto Cornelius Jansen Junr. for
transporting the records of this State from Kingston to Poughkeepsie porting‘
the sum of eight pounds. records‘
A 12d ﬁe i/farZ/zer eizaez‘ed ﬁy Z/ie aaZ/zorizj/ aforesaid That the said treas— Loans to
urer be and is hereby authorized and required to pay the principal and goggl‘nor
interest of all such monies as have been taken on loan by his excellency repaid.
the governor, in pursuance of any laws of this State heretofore passed to
such persons respectively who have loaned the same, out of any monies
which may hereafter come into the treasury by virtue of the act entitled
An act for raising £100,000 within the counties therein mentioned,
passed 6th May 1784.
VOL. 2. — 6.
42 LAWS or NEW YORK. [can 17.
Hannah And be it fart/cor enacted by t/ze ant/iorizy aforesaid That the said treas—
gjlceoalé'dﬁgf urer pay to Hannah Nicoll executrix of john Nicoll deceased out of
Egilillégeilate any monies in the treasury.not otherwise appropriated four pounds
husband_ twelve shillings in full for diverse small quantities of wheat delivered
by the said john Nicoll in his life time to the wives and children of
several persons then serving in the line of the troops of this State in the
service of the United States.
ggﬁii-gtet And be it fzcrt/ier enacted by t/ce azct/cority aforesaid, That it shall be
forfeitegi lawful for Daniel ‘Graham Esquire commissioner of forfeitures for the
tegtligecggi middle. district of this State, and he is hereby directed to convey to
veyed to Cornelius T. jansen late a captain in the First New York Regimenti all
328386;?" the estate which George Folliot (who was attainted by a law of this
Jansen. State) had in a farm situate in Amenia precinct, in the county of
Dutchess, located by the said Cornelius T. jansen and appraised to
him, for the sum at which it was so appraised, '
Mary Barc- And be it fzcrtber enacted by t/ce ant/zority aforesaid, That the said treas-
lesgffglgfzeéd urer is hereby authorized and required to deliver unto Mary Barclay
glyisbsgiﬁer the widow of Henry Barclay deceased the plate and other property
of Seques- (belonging to her) which was deposited with him by the commissioners
15mm“- of sequestration for the county of Ulster.
Certain And be it fart/cor enacted by tbe ant/cority aforesaid That it shall and
335,22? may be lawful for the several persons mentioned in the third clause of
main With- the act entitled “An act to preserve the freedom and independence of
in the - j . .
State, this State and for other purposes therein mentioned, passed the 12th
May 1784, to remain and reside within this State without any molesta-
tion, until the end of the next meeting of the legislature after the ﬁrst
day of November next or until the legislature shall make further pro-
vision in the premises.
Indian And be it fart/zer enacted by Me azct/zority aforesaid, That it shall and
Sgtiiirrsi’tﬁp' may be lawful for his excellency the governor by warrant under his
tions for; hand to draw from the treasurer of this State any sums of money not
£531,132‘? exceeding the sum of ﬁve hundred pounds to negotiate Indian affairs
within this State, and to be accounted for by the commissioners for that
purpose appointed. And a further sum not exceeding ﬁve thousand
pounds to enable his excellency and the commissioners for Indian
affairs to purchase from the Oneidas & Tuscaroroes for the use of the
people of this State a tract of the country which they now occupy and
(as this legislature are informed) are willing to dispose of. And be it
fart/zer enacted by t/ce aat/zority aforesaid that no part of the lands
which may be so purchased shall be granted or located untill the legis-
lature shall make further provision respecting the same.
Preamble; W/zereas by thev3oth clause of the act entitled “An act imposing
95231,??? duties. on the importation of certain goods wares and merchandize passed
ggléglgggll'ns 22nd day of March 1784, it was enacted that the collector for the port
of New of New York should .be entitled to receive and deduct out of the money
York' which would come into his hands in pursuance of the said act a salary
at and after the rate of £1200 per annum as a full reward & com-
pensation for his services and for house or ofﬁce rent, clerk hire, ﬁre
wood, messengers or servants to attend the ofﬁce, stationary and all
other contingent expences whatever. And w/zerea's the said salary for
the time past appears to the legislature to have been insufﬁcient be it
Salary of t/zcrefore enacted by t/ze azct/zority aforesaid That the said salary of £1,200
mentioned in the said act shall be and is hereby encreased to the sum
of one thousand four hundred'pounds.
New Com- And be it furt/zer enacted by t/ze ant/corny aforesaid That \Nilli-am Den-
to ning Comfort Sands and Henry Remsen Esquires or any two of them
CHAP. 17.] EIGHTH SESSION.
43
be and are hereby appointed a committee to advise and instruct the
auditor of the State instead of Philip Schuyler, Abraham Yates Junr.
and John Lansing Jun. Esquires who from the places of their resi—
dence cannot conveniently instruct the said auditor in all cases where
he ﬁnds himself incompetent to the liquidation of accounts without
such aid and instructions.
And be it farl/zer enaez‘ed by Me aal/zorily aforesaid That it shall be
lawful for the said treasurer and he is hereby directed to pay Samuel
Louden the sum of three hundred pounds to be accounted for by him
on a settlement of his accounts with the State; To Ezra L’Hommidieu
ﬁfteen pounds eleven shillings & four pence being the ballance due
him for his services in attending the legislature in the year 1782, to be
charged to Udny Hay (his order as State agent of the 14th April 1782
on Collo. Abraham Brincherhofff or the said sum being unpaid,) and
to Tuenis T. Van Veghten or his order the sum of thirty pounds agree-
able to his account for his services and monies expendedby him in
procuring wheat on a subscription by sundry members of the legislature
in the year 1781, for the use of the troops in Albany and charge the
amount thereof to the account of the United States.
And be it farl/zer ezzaeled by ﬁle az/l/zorizy aforesaid That the treas-
urer of this State be and he is hereby authorised and directed to pay
out of any monies in the treasury unappropriated to Captain Tyrannus
Collins the sum of one hundred and seventeen pounds nine shillings
and one penny to enable him to discharge his debts contracted while he
was a prisoner in Canada to be endorsed on the certiﬁcate which he has
received from the treasurer for his pay.
Arid zo/zereas it appears to the legislature that George Fisher of the
city of New York thro’ his activity and public spiritedness detected a
combination for counterfeiting the notes of the superintendant of
‘ﬁnance and treasurer of the United States, the bills of credit of the
said United States and of this and other states and caused the coun-
terfeit types and a large sum of counterfeit money to be seized and the
offenders to be arrested while the British garrison were yet in possession
of the city of New York and that the conduct of the said George Fisher
was highly laudable. '
Be it z‘lzerefore enaeled by l/ze aaz‘lzorily aforesaid That it shall and may
be lawful for the treasurer of this State & he is hereby authorised and
directed to pay to the said George Fisher the sum of forty pounds
being so much expended by him in executing the said business.
A ad be it farl‘lzer elzaeled by l/ze aal/zorz'z‘y aforesaid That the several
persons who have been commissioners of sequestration in the several
counties in this State who have not already done it shall exhibit 8: ﬁle
in the ofﬁce of the auditor of this State an account on oath according
to the best of their knowledge, of the personal estate by them seized
or sold by virtue of law of this State and of the monies by. them
received in consequence of such sales or of any houses lands or tene-
ments by them leased on rent and pay such monies into the treasury of
this State after deducting such expences and fees as are by law allowed
for their services on or before the ﬁrst day of June next and that every
such commissioner neglecting or refusing so to do shall forfeit and pay
to the people of this State the penal sum of ﬁve hundred pounds besides
costs to be recovered in the name of the treasurer of this State whose
duty it is hereby declared to be to prosecute for the same and the audi-
tor of this State is hereby directed to publish this clause in one of the
news papers printed in the cities of New York and Albany respectively
for four weeks successively within three months from the passing of this
instruct the
auditor.
Samuel _
Louden,
monies ad--
vanced to.
Ezra
L‘Hom m i-
dieu, bal—
ance of
salary as
member of
legislature.
Teunis rI‘.
Van Vegh—
ten,serv—
icesin
procuring
wheat in
Capt. Tye
rannus
Collins,
monies ad-
vanced to.
Preamble ;.
merito-
rious serv—
ices of
George
Fisher.
Monies
appropri-
ated as a
reward to..
Commis-
sioners of
sequestra-
tion, to acv
count for
all pro—
ceedings.
44
LAl/VS OF NEW YORK. [CHAP. 18.
Id., not to
be sued for
acts done.
Preamble;
as to cer—
tain mort-
gages held
by persons
whose es-
tates are
forfeited.
M?
Course of
procedure
ﬁxed to
secure dis-
charge of
mortgages
referred to
act. Provided rzeoert/zeless and be it fart/zer enacted by Me aat/zority afore-
said that it shall not be lawful for any person or persons to sue or prose-
cute the said commissioners of sequestration or any of them for any act.
or acts which they or any of them have done in or about the execution
of the trust reposed in them.
CHAP. IS.
AN ACT to enable the clerks of the respective cities and coun-
ties within this State, to cancel the records of certain mort-
gages, made and executed to persons, whose estates are for-
feited, on proof that such mortgages are satisﬁed.
‘2%
PASSED the of November, 1784.
WHEREAS it is represented to the legislature, that certain mortgages
to persons, whose real and personal estates are forfeited to, and vested
in, the people of this State, are registered in the ofﬁces of the clerks of
several of the cities and counties within this State, pursuant to an act
of the late Colony entitled “An act for preventing frauds by mortgages,
which shall be made and executed after the ﬁrst day of june, in the
year one thousand seven hundred- and ﬁfty-four ” passed the 12th day
of December 1753: And that in many cases, the original mortgages
remain in the hands or power of the mortgagees. A/zd w/iereas it is
required by the said act, that the certiﬁcate thereby prescribed, to
enable the respective clerks to discharge the entry of mortgages, shall
be signed only by the mortgagee, his or her executors administrators or
assigns; and by reason thereof, mortgages so as aforesaid, vested in the
people of this State, altho they should be fully redeemed and paid off,
could not be cancelled, but must remain an incumbrance to the great
discouragement of purchasors, and the detriment of the public: For
remedy whereof
Be it enacted by Me People of t/ie State of New York represented in
Senate and Assembly, and it is bereby enacted by t/ze azct/zority of tbe same,
That where any person or persons, entitled to the equity of redemption
of lands tenements or hereditaments, vested in manner aforesaid in the
people of this State, shall be desireous to redeem and discharge the
incumbrances thereon or who have redeemed and discharged the incum—
brances on such lands tenements or hereditaments since the twelfth day
of May one thousand seven hundred and eighty four, it shall and may
be lawful, to and for all and every such person or persons, to apply to
any one of the judges having authority to take proofs and acknowledg-
ments of the due execution of mortgages, in the city or county wherein
the same lands tenements or hereditaments may be situated, and to pro-
duce to such judge, the evidence respecting such mortgage, and the
payments made thereon, and if the judge on satisfactory testimony, shall
be able to ascertain the ballance in arrear on such mortgage, he shall,
after due examination certify under his hand and seal to the treasurer
of the State, and to the clerk of the city or county, in whose ofﬁce the
mortgage may be registered, the ballance which shall so appear to him
to be justly due thereon, and upon producing such certiﬁcate to the
treasurer, and tender in the manner which the law directs of such bal—
lance; the treasurer shall and he is hereby authorized and directed to

* So in original.
CHAP. 18.] EIGHTH SESSION.
45
receive the same, and to sign a certiﬁcate of such receipt, which certiﬁ-
cate, being acknowledged by him, or proved by the oath of one or more
witnesses in the manner directed by the said act with respect to the cer-
tiﬁcate of the mortgagee, or his representative, and being ﬁled with the
certiﬁcate of the judge ﬁrst mentioned in the ofﬁce of the clerk of the
city or county where such mortgage shall be registered, it shall and may
be lawful, to and for the said clerk, and he is hereby required to enter
in the book of mortgages, a minute of the said certiﬁcates, which minute
so entered, shall operate as a full and absolute bar to all and every such
mortgage and mortgages to all intents and purposes whatsoever. Pro-
vided that with respect to such persons who have redeemed or dis-
charged the said incumbrances on such lands tenements or hereditaments
since the twelfth day of Way one thousand seven hundred and eighty
four, it shall only be necessary for the said persons respectively to pro-
duce the certiﬁcate of discharge given by the treasurer on payment, and
upon proof of the same in manner aforesaid, it shall be lawful for the
said clerks, and they are hereby respectively required to enter in the
book of mortgages, a minute of the said certiﬁcates respectively, which
shall operate as a discharge in like manner as aforesaid.
Proviso;
as to mort-
gages paid
since May
12. 1784. ,
LAWS
OF THE
STATE OF NEW-YORK,
PASSED AT THE
SECOND MEETING OF THE EIGHTH SESSION OF THE LEGISLATURE.

OHAP. 19.
AN ACT to amend an act entitled An act to lay a duty of ton-
nage on vessels for defraying the expence of the light house at
Sandy Hook, passed 12th February, 1784.
PASSED the 15th of February, 1785.
Be it enacted [2y Z/ze People 0f Z/ze State of New Yer/e, represented in
Semzz’e a/zd Assemb/y and be if eizaez‘ed é)’ Z/ze azlf/zorz'fy 0f z‘/ze same That
all vessels having foreign registers, or being the property of foreigners
which shall arrive from sea into the port of New York shall instead of
four pence pay a duty of eight pence per ton, to be levied and collected
in like manner as the duty of tonnage is directed to be levied and col-
lected in and by the said act entitled “An act to lay a duty of tonnage
on vessels for defraying the expence of the light house at Sandy Hook.
Provided nevertheless that no vessel employed as a packet from any for-
eign prince state or potentate, or hearing a commission as a ship sloop
or vessel of war under any such prince state or potentate shall be obliged
to pay any duty of tonnage to be paid by this act, or by the act entitled
An act to lay a duty of tonnage on vessels for defraying the expence of
the light house at Sandy Hook any thing to the contrary notwithstand-
Rate of
tonnage
on certain
vessel
increased.
Proviso;
ships of
war, etc..
exempted
from duty
of tonnage.
111g.
CHAP. 20.] EIGHTH SESSION. 47
CHAP. 20.
AN ACT to punish delinquent jurors constables and other
' persons.
PAssEn the 25th of February, 1785.
WHEREAS a defect of sufﬁcient power in the several courts of record
in this State in imposing ﬁnes for the default of jurors constables and
other persons occasions remissness in their attendance to the delay of
justice. 7
Be it i/zerefore enaez‘ed by l/ze People of Me Slaz‘e of New Yor/e, repre- Fine for
seated in Senate and Assembly, and ii‘ is lzereby erzaez‘ed b; Z/ze aaz‘lzorizy of \
i/ze same, That every grand or petit juror constable or other person attend.
whose duty it is to attend any of the courts of record in this State who
shall refuse or neglect to attend shall be liable to be ﬁned by the court
in a sum not exceeding ﬁve pounds. And in every case where such
ﬁnes shall be imposed by any of the said courts, such court shall before
the court rises, cause public proclamation of such ﬁnes to be made by
the crier of the court.
And be it farl/zer eaaeled by z‘lze aal/zorizfy aforesaid That if such In default
delinquent juror constable or other person who shall be ﬁned as afore- ?§CS$;,S,'GX_
said shall not on or before the second day of the subsequent term after @1188, pro-
such ﬁne is imposed, offer legal and satisfactory reason or excuse to ii'sisﬁewm-
the court for his default or non-attendance, that thereupon an order or g‘f’lfll‘fl‘gtion
process of the court shall issue to the sheriff of the city or county com- '
manding him to levy the ﬁne or ﬁnes so imposed as aforesaid, by dis—
tress and sale at public vendue of the goods and chattles of the de-
faulters respectively; and which sheriff shall and may retain out of the
produce of the same, a sum equal to the ﬁne or ﬁnes, and also a milage
fee of six pence per mile from the defaulters house to the court house
of the county, and shall return the overplus money, if any there shall
be, to such defaulter: Provided neoerz‘lzeless that the sheriff of the city
and county of New York, instead of a milage fee shall and may levy
have and retain a fee at the rate of one shilling in the pound on each
such ﬁne. _
And be ii‘ farz‘lzer e/zaeled by file aat/zorizj/ aforesaid, That the sheriff Sheriﬂf to
who shall have levied any such ﬁnes as aforesaid, shall within one
month after he has levied the same, give an account thereof to the
clerk of the court to be ﬁled. -
A ad be ii‘ farl/zer erzaeled by Me aal/iorizy aforesaid, That the sheriff Penaltyfm‘
or ofﬁcer who shall have levied any of the said ﬁnes shall on or before of
the ﬁrst day of the subsequent term after he has levied the same pay gggdap‘
the same to the treasurer of the county, where such ﬁne shall have i
been incurred, under the penalty of double the sum of such ﬁne or
ﬁnes respectively omitted to be paid, to be recovered with costs
by and in the name of the treasurer of the county where such
ﬁnes shall respectively.have been incurred, in any court of record in
this State having cognizance of the same, by action of debt or on the
case; which said ﬁnes and forfeitures shall respectively be applied by
the supervisors for defraying the necessary and contingent charges and
expences of the county where such ﬁnes shall have respectively been Id, New
incurred; except in the city and county of New York, where the ﬁnes York city
levied shall by the sheriff be paid to the chamberlain of the said city to Zﬁunty,
48
LAWS OF NEW YORK. [CHAR 21.
Court may
issue pro-
cess forth-
with.
Act not to
extend to
inferior
courts.
Preamble;
as to estate
of Philip
Livingston
late of New
York city ,
deceased.
Id., peti—
tion to the
legislature
by widow
and others
for relief.
Id., neces-
sity of
legislative
relief.
be applied to the use of the poor of the said city and county; and in
case of neglect to pay the same within the time for that purpose above
limitted the like penalty of double such ﬁne or ﬁnes may be recovered
by the said chamberlain in his own name with costs in an action of
‘debt or upon the case in any court of record having cognizance thereof,
and when so recovered be applied to the use of such poor as last afore-
said. I
And be it jart/zer enacted by t/‘ze aat/iorizy aforesaid That nothing
in this act contained shall be construed to prevent any court of oyer
and terminer or gaol delivery from issuing an order or process immedi-
ately, or during its sitting, to the sheriff of the county where such court
hall then be, to levy any ﬁnes which shall by them be imposed: And
that this act as far as relates to the power of imposing ﬁnes, shall not
be construed to extend to any court for the trial of causes to the value
of ten pounds and under. '
CHAP. 21.
AN ACT for vesting the estate of Philip Livingston late of the
city of New York Esquire deceased, in trustees for the pay-
ment of his debts, and other purposes therein mentioned.
PASSED the 25th of February, 1785.
WHEREAs it hath been represented to the legislature that Philip Liv-
ingston late of the city of New York Esquire deceased, at the time of
his death, owed very considerable sums of money to a number of differ-
persons, and that his personal estate is far from being adequate to the
payment of his debts, and zo/zereas it hath been further represented to
the legislature, that the surviving executors named in the last will and
testament of the said Philip Livingston, have renounced the administra~
tion of his said personal estate, and thereupon administration of all and
singular his goods and chattels, rights and credits with his said last will
and testament annexed, hath been granted to his son Philip Ph. Livings-
ton who hath given security according to law for the due performance
of the same. And ztI/zereas a humble petition hath been presented to
the legislature by the said Philip Ph. Livingston, Christina Livingston,
widow of the said Philip Livingston deceased and others, praying that
the real estate of the said Philip Livingston deceased may by an act
of the legislature be vested in him the said Philip Ph Livingston,
and in Isaac Roosevelt and Robert C. Livingston their heirs and
assigns as trustees, ﬁrst for the payment of the debts due from the said
Philip Livingston at the time of his decease and his funeral charges,
and then of the several legacies given in and by his last will and testa-
ment aforesaid, and afterwards in trust, to convey the residue of the
same real estate (if any) to the several persons interested therein ac-
cording to the proportions which they are entitled to of the same.
And praying also that by the said act it may be provided, that the inter-
est of Christina Livingston the widow of the said Philip Livingston
deceased, in the said estate may only be disposed of, in case the other
parts of the said real estate are insufﬁcient for the payment of the afore-
said debts, unless she shall consent to the sale thereof. And zo/zereas
the interposition of the legislature in this case hathbecome necessary,
because the part of the real estate aforesaid, devised by the last will and
CHAP. 21.] EIGHTH SESSION. 49
testament of the said Philip Livingston deceased to his son Abraham in
fee, is legally vested in Henry Alexander Livingston (the son of John
H. Livingston of the city of New York doctor of divinity, one of the
petitioners aforesaid) an infant unable to make any legal disposition of
his estate. And whereas all the surviving devisees of the said Philip
Livingston (except the said infant whose tender years did not admit
thereof) have assented to the prayer of the said petition, which appears
to be reasonable in itself and the legislature think it proper to adopt a
measure calculated to do justice to the creditors and legatees.
Be iz‘ Z/zerefore enaez‘ed ﬁy i/ze People of z‘lze Stale of New York, represenz‘ed Estate or
in Seizaz‘e and Assemﬁiy, and i2‘ is lzereﬁy enaez‘ed ﬁy i/ze aaZ/zoriz‘y of the same, $23851)"
That all and singular the real estate, lands, tenements and hereditaments gggtigisgg»
within this State, whereof thesaid Philip Livingston deceased died seized, trustees
shall at and immediately after the passing of this act, be vested in the g‘zll‘rggges
said Philip Ph. Livingston Isaac Roosevelt and Robert C. Livingston therein
their heirs and assigns (as joint tenants and not as tenants in common) gﬁgtggiﬁi
upon the several trusts herein after mentioned and expressed, that is to ‘0 Convey-
say, in trust and conﬁdence that the said real estate, lands tenements
and hereditaments of the said Philip Livingston deceased, or such parts
or parcels thereof as may be found necessary and sufﬁcient (in aid
of the personal estate of the said Philip Livingston deceased) to pay
and discharge in the ﬁrst place the debts and funeral charges of the
aforesaid Philip Livingston deceased, and also in the next place, to
raise, pay and discharge the several pecuniary legacies in the aforesaid
last will and testament speciﬁed and mentioned (that is to say, the sum
of twelve hundred pounds bequeathed by the same Philip Livingston to
each of his four children Margaret, Sarah, Abraham and Henry), and
to raise an annuity for the payment of the annual sums by the said last
will and testament directed to be paid to and for the use of the testators
son Richard, shall and may be sold and disposed of in the best and most
advantageous manner at the discretion of the said Philip Ph. Livingston,
and upon such sale or sales shall and may be granted and conveyed in
fee simple by the said trustees to the purchaser or purchasers thereof.
And upon this further trust and conﬁdence that as soon as the said Division of
debts and funeral charges shall be paid and discharged, and the several $31955?
legacies and annuity aforesaid shall be raised as is herein before men- (1,1183% ggd
tioned, that then the said trustees or the survivors of them shall grant annuities.
and convey in due form of law, all the said testators estate in the town-
ship of Brooklyn in Kings county on Nassau island, and also the house
late his dwelling house in the city of New York together with the lot of
ground, store, outhouses and buildings ‘appertaining thereto, and also
the house and lot of ground adjoining the said dwelling house and
formerly occupied by Wynandt Van Zandt (or so much thereof as shall
not be sold in pursuance of this act) to the said Christina Livingston
for and during her natural life, and that the rest and residue aforesaid
of the same real estate, lands tenements and hereditaments, shall be
divided and conveyed to the persons and in the manner and proportions
speciﬁed and expressed in a certain indenture of four parts, bearing
date the sixth day of July last, and made between Eilardus Westerlo of
the city of Albany and Catharine his wife, Thomas Jones of the city of
New York physician and Margaret his wife, and John H. Livingston
of the city of New York doctor of divinity and Sarah his wife of the
ﬁrst part, James Roosevelt of the city of New York gentleman of the
second part, the aforesaid Philip Ph. Livingston of the third part, and
the said Isaac Roosevelt and Robert C. Livingston of the fourth part.
Provided always.
VoL. 2.——7.
50 LAWS OF NEW YORK. [CHAR 21.
In case And 5e it further enacted by the authority aferesaz'a, That in case the
letters of - - ~ - - - - - -
adminis- administration so as aforesaid granted to the said Philip Ph. Livingston
ggfliionltg of the goods and chattels, rights and credits which were of the said
Livingston Philip Livingston deceased at the time of his death shall at any time
£331,123 hereafter be revoked or annulled, or if such administration shall or may
trustees’to be granted to any other person or persons (during the life time of the
33311220 said Philip P“. Livingston) that then and in either of the said cases,
$222123 the said Philip Ph. Livingston Isaac Roosevelt and Robert C. Living-
' ston, and the survivors and survivor of them, and in case of the decease
of the said Philip Ph. Livingston, then the said Isaac Roosevelt and
Robert C. Livingston, and the survivor of them shall grant and convey
all the said real estate, lands tenements and hereditaments (not before
sold and disposed of pursuant to the trusts herein before mentioned) to
such person or persons as may be nominated and appointed, with the
assent of the said Eilardus Westerlo and Catharine his Wife, Thomas
Jones and Margaret his wife, John H. Livingston and Sarah his wife and
Henry Alexander Livingston or the majority of them, or the survivors
or majority of such survivors, to administer the goods and chattels rights
and credits aforesaid, and his or their heirs and assigns forever, who
shall from the time of such conveyance, be seized of the said real estate
lands tenements and hereditaments subject to and for the completion
of the trusts aforesaid, andshall in all respects, relating to the execution
of the same, stand in the place of the said Philip Ph. Livingston Isaac
Roosevelt and Robert C. Livingston.
Sales of And ée z't fart/zen enacted &y the azct/zerz'ty aferesaz'd, That whilst the
{gagjg‘gate said Philip Ph. Livingston shall continue administrator as aforesaid, all
8018 discre- sales of the said real estate lands tenements and hereditaments or any
tion of ad- . . .
miniSm-w part thereof to be made in consequence of this act, shall be made at his
€ggg‘ge_ sole discretion, and that he alone shall receive and be accountable for
cutedeeds. the purchase or consideration money thereof, but the deeds for the
same, shall be signed and executed as well by the said Isaac Roosevelt
and Robert C. Livingston or the survivor of them as by the said Philip
Ph. Livingston. '
Preamble; And inasmuch as the said Philip Ph. Livingston has already sold or
@2130 “13;; agreed to ‘sell the share or right of the said Philip Livingston deceased
glgwlrll in a certain sugar house and lot of ground fronting upon Crown street
Street,New in the city of New York to John Lawrence and others in fee simple for
Yorkcity- the consideration of one thousandfour hundred and sixteen pounds,
thirteen shillings and four pence by him received. '
Trustees Be z'tfnrt/zer enacted a)» t/ze ant/zerz'ty aforesaid, That the said sale be
$323213? and it is hereby ratified, and the said Philip Ph. Livingston Isaac Roose-
Property velt and Robert C. Livingston or the survivors of them are hereby fully
:ﬁferred authorized and required to grant, convey and release the one third part
' of the said sugar house and lot of ground to the said John Laurence
and others in fee simple, which grant, conveyance and release shall be
sufﬁcient to bar all persons claiming or to claim under the said Philip
Livingston deceased from any right or claim of in and to the said sugar
house and lot of ground and the consideration money aforesaid for the
same, shall be applied pursuant to and in performance of the trusts
herein before specified.
6. And 6e z't fzcrt/zer enacted e)» the aut/zm'z'ty aferesaz'd, That such part
$313533? of o the real estate aforesaid, as is particularly bequeathed to the afore-
tina Liv- said Christina Livingston for her life, in and by the said last will and
Lnészgnbe testament aforesaid of her said husband, or any part thereof shall not
sold With- be sold by virtue of this act to perform the trusts herein before speciﬁed,
233828;; unless the remainder of the said real estate and the personal estate of
Real estate
CHAP. 22.] EIGHTH SESSION. 51
the said Philip Livingston deceased shall be found insufﬁcient to dis-
charge his debts, or unless the said Christina Livingston shall give her
consent in writing to such sale or sales, in which last case, she shall be
entitled during her life to such sum and sums of money as she and the
said Philip Ph. Livingston shall agree, to be paid her by the administra-
tor for the time being upon her husbands said estate, if his estate real
and personal shall be sufﬁcient to make good the same, after the pay-
ment of all bona ﬁde debts. Provided always that nothing herein con- Proviso;
tained shall be construed to enure or extend in any manner to deprive Ems aclnot
o aﬂ‘ect
the administrator of the goods and chattels rights and credits of the Cierﬁain
said Philip Livingston deceased of any right power or privilege which Bfafﬁmn-
he might lawfully have or claim as representative of the said Philip Egggﬁglas
Livingston deceased, by virtue of a‘certain act of the Legislature enti- melee..-
tled “An act relative to debts due to persons within the enemies lines ” tame‘
passed the 12th of july 1782, or in anywise to abridge the same. And Prpviso;
provided also that nothing in this act contained shall in any manner bind, 2121,5222,“
abridge or effect the estate or right which any other person or persons iiﬂelftts 0,,
except the said Christina Livingston, Philip Ph. Livingston, Eilardus pgrties
\NCStCI'lO and Catharine his wife, Thomas jones and Margaret his wife, gigs; ,tnheilrf
john H. Livingston and Sarah his wife and Henry Alexander Living- tioned-
ston may have or claim in any lands or real estate that may be sold or
disposed of by virtue or under colour hereof.
And be iz‘ farz‘lier enacted by z‘lze aal/zoriz‘y aforesaid, That in case it If legisla-
shall so happen that any act of the legislature shall hereafter be passed £35355?“
obliging non residents or aliens within a limited time to sell such real glisenjsgof
estate, as they may have and hold, or claim to hold within this State lanldsina.
that then and in such case the said limited time with respect to such parts of the said real estate, lands tenements and hereditaments as shall time Shall
fall to the share of the said Philip Ph. Livingston shall only be com- P3533?‘
puted from the time of such division as is herein before mentioned, and
the said Philip Ph. Livingston or his heirs shall be at liberty within that
time to sell and dispose of such parts of the said real estate and to exe-
cute deeds and conveyances to the purchasor or purchasors thereof in
fee simple, which deeds and conveyances shall be valid and effectual,
any law or statute to the contrary in anywise notwithstanding.
CHAP. 22.
AN ACT relative to the mortgage therein mentioned.
PASSED the 25th of February, 1785.
WHEREAS Samuel Shidmore surviving executor of the last will and Preamble;
testament of Thomas Denton late of jamaica in Queens county hath by 3,20%?“
his petition to the legislature, set forth, that the said Thomas Denton gages exe—
- . ' - outed by
died in the year one thousand seven hundred and seventy seven leaving Richard
four children, the eldest of whom is about fourteen years of age, and by Deane-
his said will appointed Amos Denton and john Shidmore now deceased,
and the said Samuel Shidmore executors thereof. That on the tenth day
of April in the year one thousand seven hundred and seventy eight (being
in the life time of the said Amos Denton and john Shidmore) the said
Amos Denton john Shidmore and Samuel Shidmore executors as afore—
said did lend to Richard Deane of the city of New—York distiller the
sum of eleven hundred pounds, and the said Richard Deane to secure the
repaymenr thereof did, together with Mary his wife, on the said tenth-
LAWS OF NEW YORK. [CHAR 23.
Mortgage
executed
to Amos
Denton
and others
as execu—
tors may
be re-
corded
and be a
valid lien
as of the
date of
execution.
Maps and
records of
surveyor
generals
day of April one thousand seven hundred and seventy eight, execute a
deed of mortgage to the aforesaid executors, of certain messuages tene-
ments tracts and lots of land in the same mortgage described, and
amongst them, of all that certain messuage or tenement and lot of land
situate near the main street in the township of Jamaica aforesaid,
bounded northerly, westerly and southerly by the higways or streets
and easterly by land now or late in the tenure and occupation of James
L wis and John Smith containing the whole, twenty acres more or
less; which deed of mortgage was afterwards acknowledged before
Hugh Wallace who then stiled himself one of his majesty’s council for
the province of New York and recorded in the register of mortgages for
Queens county by Whitehead Hicks who then stiled himself clerk of
the said county. That sometime in the year one thousand seven hun-
dred and seventy nine, the messuage tenement and lot of land above
described was again mortgaged by the said Richard Deane and Mary
his wife to William Deane of New York brother of the said Richard
Deane for securing the payment of eight hundred pounds; and which
last mentioned deed of mortgage hath, since the establishment of civil
‘government in the southern district of the State, been acknowledged
and recorded in the register of mortgages for Queens county by the
present clerk of said county, and praying at law to conﬁrm the acknowl-
edgment and recording of the ﬁrst above mentioned mortgage.
Be it t/zerefore enacted by t/ze People of tbe State of [Vera York, repre-
sented in Senate and Assembly, and it is bereby enacted by t/ze ant/zority of
tbe sanze, That the ﬁrst above mentioned deed of mortgage executed by
the said Richard Deane and Mary his wife to the said Amos Denton,
John Skidmore and Samuel Skidmore executors of the last will and tes-
tament of Thomas Denton late of Jamaica in Queens county, for secur-
ing the payment of eleven hundred pounds and dated the tenth day of
April in the year one thousand seven hundred and seventy eight, shall
immediately from and after the day the same may have been or shall be
duly acknowledged and recorded in register of mortgages for Queens
county by ofﬁcers appointed under the Constitution of this State, be
deemed both in law and equity to have priority to any deed of mortgage
whatsoever of the premises or any part thereof described in the deed of
mortgage aforesaid executed by the said Richard Deane and Mary his
wife to the said Amos Denton, John Shidmore and Samuel Shidmore
executors as aforesaid, which shall or may have been duly executed by
the said Richard Deane, or by the said Richard Deane and Mary his
wife to any person or persons whatsoever, subsequent to the day of the
date of the said mortgage to the said Amos Denton, John Skidmore and
Samuel Skidmore executors as aforesaid.
oHAP. 23.
AN ACT to empower the present surveyor general to procure
the maps certiﬁcates locations surveys and returns of surveys
papers and records which are in the possession of the late sur-
veyor general of this State.
PASSED the 26th of February, 1785.
Be it enacted by t/ze People of tile State of New York, represented
in Senate and Assembly, and it is hereby enacted by the aat/zority of
the same, That it shall and may be lawful for the late surveyor general
cHAr. 24.] EIGHTH SESSION. 53
of this State, and he is hereby required to deliver to the surveyor gen- ofﬁce to be
eral of this State for the time being. on or before the first day of May
next all the papers certiﬁcates locations surveys and returns of surveys surveyor
books maps and records in his possession appertaining to the ofﬁce of general‘
surveyor general of this State.
And ﬁe iz‘ farz‘lzer eizaez‘ed ﬁy z‘lze aal/zorizj» aforesaid, That the eighth A certain
section of the act entitled “An act for granting certain lands promised to be given as bounty lands by laws of this State, and for other purposes Sui-d d
therein mentioned” passed iith May 1784, shall not continue in force p61 8 '
after the said ﬁrst day of May next. Provided always, that in case any Proviso;
warrant of survey shall be given and a return of survey in pursuance
thereof, shall not be returned to the late surveyor general till after the to
said ﬁrst day of May, such return of survey shall be transmitted to the VeyQr-gen.
surveyor general as soon as may be after the same shall be received by ‘the late surveyor general. ﬁxed.
' CHAP. 24.
AN ACT to enable the trustees of Southampton in Suffolk
county to fence up certain public roads therein mentioned.
PASSED the 26th of February, 1785.
NVHEREAS the trustees of the freeholders and commonalty of the town preamble;
of Southampton in Suffolk county have petitioned the legislature at
their present meeting that they may be enabled to fence across the pub- ing across
lic roads runing through a large tract of land known by the name of Fouad‘scin
Shenicoe Plains within the township of Southampton aforesaid, and to Shenicoe
ﬁx swinging gates at each end of the respective roads running through ms‘
the said plains which will prevent the expence and trouble of making
and keeping in repair a great length of fence along the main roads run-
ning through the said Plains.
Pe i2‘ e/zaez‘ed ﬁy Z/ze People of z‘ﬁe Sz’az‘e of New Yor/e represented Trustees
in Seaale and Assemﬁly, and ii‘ is ﬁereﬁy enacted ﬁy z‘lie aal/ioriz‘y of gfnsp‘iggh‘
of z‘lze same, That it shall and may be lawful for the trustees of the free- given dis—
holders and commonalty of the town of Southampton aforesaid for the $532.22.“
time being, from time to time whenever they shall deem it necessary, to
enclose within fence the said tract of land or plains at such place or
places as they shall deem most convenient : Provided always that the Proviso;_
said trustees shall keep and maintain or cause to be kept and main-
tained on every public road running through the land so to be inclosed Stringing
in fence as aforesaid one or more good and sufﬁcient swinging gate or es
gates as may be necessary, as well for the conveniencyof the inhabi-
tants of the said town as for travellers.
A/zd ﬁe ii farz‘ﬁer erzaez‘ed ﬁy z‘lze aaz‘lzorify aforesaid, That whoever Penalty
shall at any time cut break or otherwise injure such fence or fences when £22535“-
so put up as aforesaid, or stake or otherwise leave open, fasten up or $1‘
injure any or either of such gates when put up and provided as afore- how recov‘
said, shall for each and every such offence forfeit and pay a sum not gggjiggfl
exceeding five pounds, to be recovered with costs before any justice
of the peace of the said county; one moiety of which forfeiture shall be
paid to the overseers of the poor in the said town, to be applied to the
beneﬁt of the poor in the said town, and the other moiety to the person
who shall sue for and, recover the same.
54
LAWS OF NEW YORK. [CHAR 26..
Preamble;
resolution
of Con-
gress re—
spectlng
accounts
of certain
Indian
ofﬁcers.
Auditor to
settle the
accounts
referred
to.
Id.; man-
ner of set-
tling the
accounts.
CHAP. 25.
AN ACT to carry into effect the act of congress of the 11th of
February I785, providing for the settlement of accounts with
the Indian ofﬁcers therein narned.
PASSED the 3rd of March, 1785.
WHEREAs the United States in congress assembled by their act of
the eleventh of February one thousand seven hundred and eighty-ﬁve
did recommend in the words following, to wit-—— “Resotaed that it be and
it is hereby recommended to the State of New York to settle with Cap-
tains Hamjury Tewahangahkan, John Otaawighton, James Wakanran-
tharaw, and Leutenants Nicholas Kayhuatsho, Cornelius Rahiktotow,
Cornelius Okonista Indians of the Oneidas and Tuscarora Nations late
ofﬁcers in the service of the United States, and pay their accounts in
like manner as other ofﬁcers in the line of the said State. Therefore
Be it enacted oy the People of tile State of New York represented in
Senate and Assenzo/y, and it is nereoy enacted oy t/ze authority of t/ze sanze,
That the auditors appointed to liquidate and settle the accounts of the
troops of this State in the service of the United States be and hereby
are authorized and required to audit the accounts of and grant certiﬁ-
cates to, the said Indian ofﬁcers, for the depreciation of their pay in like
manner as the ofﬁcers in the line of their State have been settled with.
And 6e it fnrt/zer enacted oy the authority aforesaid, That the said
auditors be and hereby are authorized and required to grant to the said
Indian ofﬁcers for their pay of the three last months of the year 1780
- and the whole of the year 1781, the like certiﬁcates as have been granted
Preamble;
estate of
J oost De-
beavuis,
deceased.
to the troops of this State in the service of the United States for their
pay of the said year 1781. And that the treasurer of this State be,
and hereby is directed to pay the said several Indian ofﬁcers their pay-
for the months of August and September in the said year 1780.
CHAP. 26.
AN ACT to empower Elizabeth Debeavois widow, and Johannis
E. Lott and John Vanderbilt Esquires administrators to the
estate of Joost Debeavois deceased, to sell and dispose of eight
acres of land of the ‘real estate of the said Joost Debeavois for
the payment of his debts and other purposes.
PASSED the 7th of March, I785.
WHEREAS it is represented to this legislature, that Joost Debeavois.
died in or about the month of August, one thousand, seven hundred and
eighty—one, leaving issue ‘who are at present minors, and that he the
said Joost at the time of his death was indebted to sundry persons on
specialty, which debts for want of sufﬁcient goods and chattels remain
still due and unpaid, and it is conceived to be most beneﬁcial for the
widow and children of the said Joost, that the debts due from the said
estate, and the interest accrued thereon should be immediately dis--
charged and paid.
CHAP. 27.] EIGHTH SESSION. 55
Be it t/zerefore enacted by the People of tbe State of New York, repre- Estate ‘
sented in Senate and Assembly, and it is lzereby enacted by t/ze aat/zorizj/ of tbe ggsgiﬂils?
sanze, That Elizabeth Debeavois widow, and johannis E. Lott, and john trators for
Vanderbilt Esquires, who have in due form of law, administered upon $2,261?“
the estate of the said intestate, and their heirs and assigns, for the pur- ﬁgffi
pose of paying and discharging the said debts, shall immediately be, tioned.
and hereby are vested in fee simple, of and in eight acres of land at
the most easterly end of the farm in the township of Broekelen in
Kings county, which on a division of the estate of jacobus Debeavois
deceased, fell to the share or dividend of the said joost Debeavois
deceased; which said eight acres of land are bounded, southerly by the
road which leads from Broekelen Ferry to jamaica, westerly by land of
john R. Covenhoven, and northwardly by other part of the land which
on a division of the estate of the said jacobus Debeavois deceased fell
to the share of the said joost Debeavois deceased, and that it shall and
may be lawful, to and for the said Elizabeth Debeavois, johannis E.
Lott and john Vanderbilt and the survivors and survivor of them, and
the heirs of such survivor, to sell and dispose of all the said eight acres
of land, and with the monies to arise from such sale or sales, to pay off
and discharge the debts which were due from the said joost Debeavois
the intestate, at the time of his decease, in the order which the law pre-
scribes, and the overplus money, if any there shall be, to put out at
interest for the use and beneﬁt of the wife and children of the said
‘ joost, and to appropriate and apply the principle and interest as the
law directs.
And be it fnrt/zer enacted by t/ze aut/zority aforesaid, That the said Adminis-
administrators shall, previous to their selling or disposing of any part $3533,
of the said eight acres of land, ﬁle 1n the court of chancery, a bond to Chancery-
the register, or one of the clerks of the court, in such penalty as the
chancellor shall think ﬁt with a condition that they the said administra-
tors shall, well and faithfully discharge the trust and powers, in them by
this act vested, and render a just and true account of the monies that .
shall arise by the sale of the said eight acres of land, and the adminis-
tration thereof thereunto lawfully required. .
And be it fart/zer enacted by the authority aforesaid, That nothing in This act
this act contained, shall be construed, to debar the widow of the said
joost Debeavois, of or from her right of dower in the lands tenements dpwer
. . . ht r
and real estate of the said joost Debeavois above mentioned. tit-dot?
CHAP. 27.
AN ACT for making process in courts of equity effectual against
mortgagors who abscond, and cannot be served therewith or
who refuse to appear.
PASSED the 7th of March, 1785.
Be it enactea by the People of tbe State of New ‘York represented Mode of
in Senate and Assembly, and it is lzereby enacted by the aut/zority of the Frjon‘iggﬁre
same, That if any suit hereafter to be commenced by a mortgagee in gahge cases,
any court of equity against any mortgagor, agalnst whom a subpoena or ﬁcirﬁaﬁ‘fr‘
other process shall issue, such mortgagor shall not cause his her or their goefdléeon
appearance to be entered upon such process in such amanner as accord- mortgagor.
ing to the rules of the court the same ought to have been entered in
case such process had been duly served; and an affidavit shall be made
56
LAWS OF NEW YORK. [CHAR 27.
Mortgaged
premises
to be ap-
praised
and sold
by the
sheriff,
Monies
arising on
sale, how
applied.
Proviso, as
to estate
to be con-
veyed by
Bheriﬁ’.
Proceed-
ings where
mortgagor
appears
before
time of
sale.
to the satisfaction of such court that such mortgagor is withdrawn out
of this State, or cannot upon, due inquiry, be found Within the same so
as to be served with such process; that in such case, the court out of
which such process issued may make an order, directing such mortgagor
to appear at a certain day therein named; a copy of which shall within
twenty days be inserted in at least two of the public news papers printed
in this State for the term of eight weeks, and if such mortgagor do not
appear within the sited by such rdcr, or within such further
time as the court shall appoint; then on proof made of the publication
of such order in manner aforesaid, the court being satisﬁed of the truth
thereof, may order the plaintiffs bill to be taken pro confesso, and there-
upon decree a sale of the mortgaged premises, or only part or parts
thereof as to the said court shall seem just and right.
Be 2'! fart/261' eaacz‘ea’ [2y l/ze aaZ/zorz'zy aforesaid, That before any decree
shall be made on such bill, the court shall cause the mortgaged premi-
ses to be appraised on oath by two indifferent persons to be appointed
by the court, that the value of the same may be known to the court as
nearly as may be before the decree be made; and upon such decree for
the ‘sale of the mortgaged premises, or such part thereof as shall be
thought sufﬁcient to discharge the debt due to such mortgagee, to-
gether with his costs, a writ shall be issued from such court to the
sheriff of the county Where such mortgaged premises lie, commanding
. .
fn'wno l1
\nLl-LLU .LL
him to make sale of the lands decreed to be sold, at public vendue, and _
to return the monies arising by the sales into court at a day to be men-
tioned in the same writ, not less than three months after the teste, and
the day on which such writ issued: and the said sheriff shall thereupon,
cause an advertisement or notice of the intended sale of such lands, to
be inserted in one or more of the public news papers, printed in this
‘State, and continue the same in the said paper or papers weekly for six
weeks before the day to be by him appointed for the sale of the same,
and at the day so by him notiﬁed, shall proceed to sell the same ‘to the
highest bidder, and shall execute deeds for the same to the purchasor,
in such manner as the case may require; and such deeds shall be of the
same validity, and“ as beneﬁcial to the purchasor, as if such deed had
been executed by the mortgagee and mortgagor, and shall be judged an
intire bar against them and each of them, and their and each of their
heirs, both in law and equity; and the monies arising by the sale of the
said mortgaged premises, shall be applied to pay of and discharge the
debt due to such mortgagee, with such costs as the court shall award,
and the remainder, if any be, shall be put at interest, on such security
as the said court shall think sufﬁcient, and the same shall be paid to the
mortgagor or mortgagors or his her or their executors administrators or
assigns upon his or their application to the court for the same, provided
always that no greater estate in the premises sold, shall at any time -be
granted or conveyed by the sherif to such purchasor than would have
vested in the mortgagee, had the equity‘ of redemption been duly for-
closed. Prat/idea’ also -
Ana’ 6e 2'! marred by the aaz‘lzorz'zjl afaresaz'a’, That if the mortgagor or
mortgagors shall at any time before the sale made by the sheriff ln pur-
suance of such writ issued to him as aforesaid, cause his appearance to
be duly entered in such court, and shall pay such costs to the mortgagee
or mortgagees as the said court shall think reasonable, that then a super-
sedeas shall issue from the said court, directed to the sheriff to stay
his proceeding to the sale of such mortgaged premises; and upon such
appearance being entered, such proceedings shall and may be there-
upon had, as if an appearance had been entered within such time and
jcexr. 28. J . EIGHTH SESSION. 57
in such manner, as, according to the rules of the court the same ought
to have been entered, in case the ﬁrst process in the suit had been
duly served.
And ﬁe it farz‘lzer erzaez‘ed ﬁy i/ze aaz‘lzorizj/ aforesaid, That in all cases Mortgagor
in which as aforesaid, a decree for the sale of the mortgaged premises 1333,2338,
shall be made, and the mortgagee or mortgagees shall be paid the for aq-
money alledged by him her or them to be due as above directed, that it shall and may be lawfull for any such mortgagor or mortgagors, within the space of seven years, from the time of the sale of such mortgaged
premises, if he she or they ﬁnd himself herself or themselves agrieved,
and that the mortgagee or mortgagees hath received more money than
was due to him her or them on the mortgage, to ﬁle his her or their bill
in the said court against such mortgagee or mortgagees to compel him
her or them to account with, and settle what was really, and truly the
sum due to such mortgagee or mortgagees at the time of the sale of the
mortgaged premises, and to refund and repay to him her or them what
shall be found such mortgagee or mortgagees hath been overpaid,
together with interest from the time of such payment made, with costs
of suit; the former decree for the sale of the mortgaged premises not-
withstanding.
Arzd ﬁe it fart/zer enaez‘ed ﬁy z‘lze aaz‘ﬁorilv aforesaid, That if any Where
mortgagor or mortgagors by virtue of any writ of habeas corpus, or Iggggagf
other process issuing out of any court of equity shall be brought into mortgagor
court and shall refuse to cause an appearance to be entered according $321.23 by
to the rules of the court such court shall and may appoint a clerk in gﬁgecro‘agts
court or attorney of such court to enter such mortgagors appearance, '
and such proceedings may be thereupon had in the cause, as if the
party had actually appeared.
And ﬁe ii‘ fari/zer erzaeled ﬁy z‘lie aaz‘lzoriij/ aforesaid, That all and This act
singular the provisions in this act shall be, and hereby are extended to $53,633?“
the several and respective commissioners of forfeitures, appointed in pur- gésgifollgp
' 4‘
suance of an act entitled An act for the speedy sale of the conﬁscated feitures in
and forfeited estates within this State, and for other purposes therein eggs,
mentioned” passed 12th of May 1784, within the several districts in this mortgages
State, in all cases where any mortgagee or mortgagees shall have been {$51122},
attainted or convicted, and whose estate real and personal by such
attainder or conviction has become forfeited to the people of this State,
and also to the legal representative and representatives of every mort-
gagee or mortgagees and mortgagor, or mortgagors.
CHAP, 28.1
AN ACT to authorize the United States in congress assembled,
to appoint commissioners to complete the running a certain
line ofjurisdiction therein mentioned between this State and
the Commonwealth of Massachusetts.
PASSED the 7th of March, 1785
WHEREAS an agreement was made and entered into, on the eigh- Preamble.
teenth day of May in the year of our Lord one thousand seven hun-
dred and seventy-three, between commissioners appointed by an act of
the legislature of the late colony of New York, and commissioners
VOL. 2. —- 8.
58
LAWS OF NEW YORK. [CHAR 28.
Agree—
ment be-
tween the
Provinces
of New
York and
Massa-
chusetts
Bay.
Agree-
ment ap-
proved by
the gover—
nors of
the Prov-
inces.
Disagree-
ment in
running
out the
‘boundary
line.
appointed by an act of the legislature of the late colony of the Massa-
chusetts Bay, which agreement is in the words following, to wit,
“ This agreement indented, made the eighteenth day of May, in the
thirteenth year of the reign of his most gracious majesty George the
third king of Great Britain France and Ireland, defender of the Faith
&c. and in the year of our Lord one thousand seven hundred and
seventy-three, between John Watts, William Smith, Robert R. Living-
ston and William Nicoll Esquires, duly authorized to make such agree-
ment by virtue of a law of the province of New York of the one part;
and William Brattle, Joseph Hawley, and John Hancock Esquires,
thereunto also duly authorized by virtue of a law of the province of
Massachusetts Bay of the other part; witnesseth that the commissaries-
aforesaid, being met at Hartford, in the colony of Connecticut, for the
settlement of a partition line of jurisdiction between the said provinces
of New York and the Massachusetts Bay, on the easterly part of the said
province of New York, and from the south to the north boundaries of
the said Massachusetts Bay, in pursuance of the said laws, and certain
commissions, respectively issued to the commissaries abovenamed, by the
governors of the provinces aforesaid; and in compliance with the royal
recommendation heretofore signiﬁed to Sir Henry Moore Baronet, and
Francis Bernard Esq. the then governors of the said provinces, by
letters from the right honorable the Earle of Shelburne late one of his
majesty’s principle secretaries of State; and after having had divers
conferences, relative to the aforesaid boundary of the said provinces,
they the said commissaries do thereupon unanimously agree, that the
following line, that is to say. A line beginning at a place ﬁxed upon
by the two governments of New York and Connecticut, in, or about
the year of our Lord one thousand seven hundred and thirty-one, for
the north west corner of a tract of land commonly called the Oblong
or Equivalent land, and running from the said corner north twenty-one
degrees ten minutes and thirty seconds east as the magnet needle now
points, to the north line of the Massachusetts Bay, shall at all times
hereafter, be the line of jusisdiction between the said province of the
Massachusetts Bay, and the said province of New York, in all and every
part and place where the said province of New York on its eastern
boundary, shall adjoin on the said province of the Massachusetts Bay——
In testimony whereof the commissaries aforesaid have hereunto set their
hands and seals the day and year ﬁrst abovementioned.”
And w/zereas the governors of the said colonies of New York and
Massachusetts Bay by an instrument in writing under their hands and
seals respectively, bearing date the eighteenth day of May in the year
one thousand seven hundred and seventy-three, signiﬁed their approba-
tion of the said agreement, which said instrument is in the words fol-
lowing, to wit,
“ We the governors of the provinces aforesaid, having been present
at the execution of the agreement aforesaid, in testimony of our con-
sent thereto, and of our approbation thereof, have hereunto set our
hands and seals at Hartford aforesaid, this eighteenth day of May in
the year of our Lord one thousand seven hundred and seventy-three,
and the thirteenth year of his majesties reign.”
And ‘whereas since the settlement of the said jurisdiction line in man-
ner aforesaid, commissioners and surveyors have been twice appointed
on the part of the said State of New York and commonwealth of Mass-
achusetts respectively, to run and work the said line, pursuant to the
said articles of agreement, and altho such commissioners in both
instances proceeded in part to run the said line, yet they could not
CHAP. 28.] EIGHTH SESSION.
59
agree so as to complete the same. And whereas the borderers on the
said line, now suffer great inconveniences and injustice by being exposed
to taxation under the authority of both governments, and a regard to
their security and the public tranquillity require that some adequate
remedy should be provided.
Be it enacted by t/te People of tlie State of New York represented in
Senate and Assembly, and it is hereby enacted by the ant/zorizy of t/ze same,
That it shall and may be lawful to and for the United States of America
in congress assembled, and they are hereby fully authorized to appoint,
three skilful judicious and disinterested persons as commissioners to
run out, survey mark and ascertain the said line of jurisdiction between
this State and the said commonwealth of Massachusetts, according to
the true intent and meaning of the articles of agreement “herein before
recited.
And be it fart/zer enacted by the authority aforesaid, That the lines so
to be run marked and ascertained by the said commissioners or any two
of them according to the true intent and meaning of the said articles of
agreement shall be and forever hereafter remain a jurisdiction or boun- h
dary line as far as the same shall extend between the commonwealth of
Massachusetts and this State. Prooided always that the commissioners
so to be appointed, shall, before before* they proceed upon the execu-
tion of their trust, be respectively sworn in the presence of a magis-
trate,_to perform the same, faithfully and impartially according to the
best of their skill and judgment, and shall within two years from the
passing of this act, complete the said survey and make a true and exact
return thereof into the secretaries ofﬁce of the United States in Con-
gress assembled, in order to be there ﬁled as a perpetual evidence of
the said jurisdiction line—Provided also, that the legislature of the
commonwealth of Massachusetts shall consent to such appointment of
commissioners; and shall within nine months from the (publication of
this act, pass a law for vesting the United States in congress assembled
with similar powers and authorities, as are vested in them, in, and by
this act.
And be it fnrtber enacted by t/ze antbority aforesaid, That the gover-
nor or person administring the government of this State for the time
being, shall be, and is hereby authorized to nominate and appoint one
or more person or persons, to furnish the said commissioners which
shall be appointed by congress to run the said jurisdiction line, with the
necessary documents and papers relative to the said line, and to dis—
burse and pay from time to time the one half of the expences attending
the survey, as well as to pay the said commissioners for the one moiety
of their services. And the person or persons so nominated and ap-
pointed as aforesaid, or any one or more of them is and are hereby
authorized to draw upon and receive from the treasurer of this State a
sum not exceeding ﬁve hundred pounds for the purpose aforesaid, and
for which they shall be accountable to this State.

Necessity
of relief
for resi-
dents in
the dis-
puted ter-
ritory.
Congress
authorized
to appoint;
commis-
sioners to
mark the
boundary
line.
Line so
run to for-
ever re-
main the
boundary
'ne.
Proviso ;
as to oath
of commis—
sioners.
Proviso; as-
to consent»
of Massa-
chusetts.
So in original.
Governor
to appoint.
person to
attend
commis-
sioners on
behalf of
this State.
Person so
named to
receive ad-
vances
‘from trees-
urer.
'60
LAWS or NEW YORK. [CHAR 29.
Preamble;
Pennsyl-
vania
boundary
line,
former
running
out of.
Commis-
sioner on
the part of
Pennsyl—
Vania.
Former
proceed-
ings, how
, far boun-
dary line
run out.
CHAP. 29.
AN ACT for running out and marking the jurisdiction line
between this State and the Commonwealth of Pensylvania.
_ PASSED the 7th of March, 1785.
WHEREAS the Honorable Cadwallader Colden Esquire, leutenant
governor of the late Colony now State of New York, with the advice
of the then council did on the eighth day of November one thousand
seven hundred and seventy-four, nominate and appoint Samuel Holland
Esquire to proceed in conjunction with Mr. David Rittenhouse, or such
other person as might be appointed on the part of Pensylvania, to ﬁx
the beginning of the forty-third degree of north lattitude on the Mohawk
or western branch of Delaware, and to proceed westward as far as the
season should permit along the beginning of the said degree which is
the boundary between this State and the State of Pensylvania.
Ana’ w/zerea's the Honorable john Penn Esquire late governor of the
late Colony now Commonwealth of Pensylvania did on the twenty-fourth
day of October in the year aforesaid, nominate and appoint the said
David Rittenhouse to proceed on the like service in conjunction with the
said Samuel Holland or such other person as should be appointed, on
the part of the then Colony now State of New York. '
Ana’ w/zereas the said Samuel‘ Holland and David Rittenhouse did,
in pursuance of their said respective appointments, proceed on the said
business, and made a return thereof under their hands, bearing (late at
Philadelphia the fourteenth day of December in the same year, by
which return it appears, that the said commissioners ascertained and
.ﬁxed the beginning of the forty-third degree of north lattitude on the
Commis-
sioners to
be ap-
pointed by
governor
to com-
plete the
running
out of the
boundary
line.
Mohawk or western branch of Delaware, and there in a small island
NEW-YORK
planted a stone with letters {
I774-
cut on one side, and on the
top LAT. 42? VAR. 4? 20'. thence due west on the West side of Dela- .
ware river they collected a heap of stones at high water mark, and in
the said west line four perches distant planted another stone with the
- { PENNSYLVANIA. '
letters -
__I774——
42? VAR. 4? 20'.and from thence due west eighteen perches, marked an
ash tree; and that the rigour of the season prevented them from pro-
ceeding further, as by the report of the said commissioners, ﬁled with a
map annexed thereto and ﬁled of record in the secretarys ofﬁce of this
State will more fully appear.
Aim’ w/zereas it is necessary the said line should be run out marked
and ascertained. ’
T/zerefere ﬁe z'z‘ enaez‘ea’ éy the People of t/ze State of New Yer/k repre-
seated in Senaz‘e and Assembly, and 2'! is awed)» eaaez‘ea’ &y the aat/wrz'z‘y of
Me same, That the person administring the government of this State
for the time being by and with the advice and consent of the council of
appointment, shall fortwith after the passing 'of this act, appoint and
commission under the great seal of this State three commissioners, that
the said commissioners or any two of them are hereby authorized on
the part of this State, to meet with such person or persons who may be
appointed and authorized on the part of the Commonwealth of Pensyl-
vania, at such time or times, place or places as shall be agreed upon,
and determined by the persons administering the government of this
cut on the south. side, and on the top LAT.
CHAP. 30.] EIGHTH SESSION.
61
State for the time being and the Commonwealth of Pensylvania then
and there to run out, mark and ascertain the said line of jurisdiction
between this State and the Commonwealth of Pensylvania beginning
at the place so ﬁxed and ascertained by the said commissioners as above
mentioned, in the Mohawk or western branch of Delaware at the begin-
ning of the forty-third degree of north lattitude, and from thence to
proceed westward along the beginning of the said forty-third degree of
north lattitude, as far as this State and the said Commonwealth of Pen-
sylvania border on each other—
And ﬁe iz‘ enaez‘ed ﬁy l/ze azn‘ﬁoriz‘y aforesaid, That the said commis-
sioners or any two of them be and they are hereby authorized and im-
powered to employ a surveyor or surveyors, chainbearers and such and
so many other persons as may be found necessary to perform the exec-
utive part in running, marking and ascertaining the said line in con-
junction with such person or persons as may be appointed on the part
of the Commonwealth of Pensylvania for that purpose; and such line
so agreed upon, approved of, and consented to, by the said commis-
sioners or any two of them and such person or persons as shall be ap-
pointed by and on the part of the Commonwealth of Pensylvania, being
Oommis-r
sioners
may em-
ploy sur-
veyors.
Such line,
when rati-
ﬁed by leg-
islature of
he respec-
reported to the persons administering the government of this State and 5..., States,
the Commonwealth of Pensylvania for the time being,
conﬁrmed by the legislature of this State and the legislature of the
Commonwealth of Pensylvania, shall hereafter be the line of jurisdic-
tion between this State and the Commonwealth of Pensylvania.
And ﬁe iz‘ enaez‘ed ﬁy z‘lzev aaﬂzoriz‘y aforesaid, That the said commis-
sioners or any two of them be, and they are hereby authorized from
time to time to draw upon the treasurer of this State for such sums of
money as they shall judge necessary for defraying the expences of run-
ning out marking and ascertaining the said jurisdiction line, on the
part of this State, not exceeding in the whole the sum of one thousand
pounds, for which they are to be accountable.
CHAP. 30.
AN ACT for the relief of the collectors of the tax therein men-
tioned.
PASSED the 10th of March, I785.
and ratiﬁed and to PG Pb‘?
jurisdiction
1H8.
Commis~v
sioners
may re-
ceive ad—
vances
from treasr
urer for
expences.
- Be it enaez‘ed ﬁy llze People of the Stale of New York, represenz‘ed Suits
in Senate and Assenzﬁly, and i2‘ is lzereﬁy enaez‘ed ﬁy llze aaz‘ﬁorizfy of llze
same, That all suits and proceedings against any collector, for neg-
lect of duty, in collecting and paying the tax to be raised and levied
by virtue of an act entitled “An act for raising one hundred thousand
pounds within the Several counties therein mentioned,” made and
passed on the sixth day of May 1784. And another act entitled, “An
act to compel the payment of the arrears of taxes, for enforcingthe pay
ment of ﬁnes and amerciaments, obliging sherifs to give security for the
due execution of their ofﬁces and for other purposes” made and passed
on the twenty-sixth day of November in the Same year, shall be and
hereby are suspended until the ﬁfteenth day of April next, and such of
the collectors respectively, as Shall on or before the said ﬁfteenth day of
April, well’ and faithfully perform and execute the duties which accord-
ing to the true intent and meaning of the said act, they ought to have
against
collectors
for neg-
lect of
duty un-
der certain
acts, sus—
pended
until April
15th.
62
. LAWS OF NEW YORK. [CHAR 31.
Proviso;
collectors
to pay
costs.
Collectors
to proceed
to com-
plete the
collection
of taxes.
done and performed on or before the ﬁrst day of the present month
of March, shall be, and hereby are fully and effectually indemniﬁed
for any and every such neglect or omission. Provided always, that
the collectors respectively who have been prosecuted by virtue of the
said acts or either of them shall be subject to the payment of the costs
of suit heretofore accrued against each of them respectively.
And be it further enacted by the authority aforesaid, That the said
several collectors be and they hereby are authorized and empowered to
levy and collect the said tax, in like manner as is directed in and by
the said acts, notwithstanding the time in which the same ought to have
- been levyed and collected, is expired.
Deer, not
13 b
o e
killed dur-
ing certain
months of
the year;
penalty.
CHAP. 31.
AN ACT for the preservation of deer heath-hens and to prevent '
damages by ﬁring the woods in the county of Suffolk.
PASSED the nth of March, r785.
WHEREAS many deer in the county of Suffolk are killed in seasons
when they are of but little value
Be it enacted by the People of the State of New Yorh represented in
Senate and Asseinbiy and it is hereby enacted by the authority of the same
That if any person or persons after the passing of this act shall kill or
destroy any wild deer of any kind whether buck doe or fawn in the
county aforesaid at any time of the year ‘except in the months of Septem—
ber October and November every such person or persons so offending
' shall forfeit and pay the sum of ﬁve pounds with costs of suit for every
Where
green deer
skins and
venisons
found, pos-
:sessor
made lia-
ble to
penalty.
Justices to
issue war-
rants to
constables
to search
for skins
and ven-
ison.
such deer so killed or destroyed as aforesaid the one half of which for-
feiture shall be paid to him or her who shall inform and sue for the
same before any justice of the peace of the county aforesaid who is
hereby empowered and required to hear and determine the same and
to convict the offender or offenders by the oath or afﬁrmation of one or
more credible witness or witnesses provided that such conviction be
made within three months after such offenceis committed, and the
other half to the overseers of the poor of the town or precinct where
the said offence shall be committed and for want of effects to discharge
the said penalty and costs such offender shall be committed to the com-
mon goal of the county aforesaid for the space of three-months if not
sooner discharged by paying the said penalty and costs.
And for the better convicting offenders against this act, Be it enacted
by the authority aforesaid That every person in whose custody shall be
found or who shall expose to sale any green deer skin or skins or fresh
venison at any time except in the months aforesaid and shall be con-
victed thereof by the oath or afﬁrmation of one or more credible
witness or witnesses or by the confession of the party shall be liable to
the penalty and costs aforesaid and to be recovered in manner and form
aforesaid.
And be it further enacted by the authority aforesaid That any con-
stable being authorized by a warrant from a justice of the peace under
his hand and seal, upon oath or afﬁrmation previously made, shall and
may at any time except in the months aforementioiied and is hereby
required in the day time to enter into and search the house or houses or
other places belonging to such suspected persons as shall be mentioned
CHAP. 31.] EIGHTH SESSION. . 63
in the said oath or afﬁrmation and warrant and in case any green deer skin
or skins or fresh venison shall there be found such ofﬁcer shall appre-
hend the offender and carry him before ajustice of the peace in the
said county which said offender shall be convicted by the said justice
of such offence and who on such conviction shall be subject to the
forfeiture hereby inﬂicted for killing of any deer in the same manner as
if thereof convicted as aforesaid unless the said person in whose cus-
tody the said deer skin or skins or .fresh venison shall be found shall
offer satisfactory evidence of his innocence to the said justice.
Be it further enacted by the authority aforesaid that it shall be no legal Juror may
objection or disqualiﬁcation against any freeholder or inhabitant in the igggegrh
said county otherwise lawfully qualiﬁed as a juror or witness to serve penagtly
on any jury or give evidence in any suit or suits that shall be brought t’gtiteai-
by virtue of this act notwithstanding the one half of the forfeitures are in
made payable to the county treasurer and to be disposed of by the which he
supervisors as aforesaid. I resldes'
And whereas many inhabitants in the county of Suffolk are liable to
suffer damage by careless or designing persons setting ﬁre to the
woods.
Be it therefore enacted by the authority aforesaid That if any person or Woods,
persons after the passing of this act shall wilfully set ﬁre to the woods gfl‘gglﬁf in
in any part of the county aforesaid and thereof be convicted before any county,
justice of the peace in the said county every such person or persons for $12M“
every offence shall forfeit and pay the sum of ﬁve pounds and be liable
to all such damages as may be sustained by any inhabitant or inhabi-
tants of said county by means thereof and for want of effects to pay
such ﬁne the offender or offenders shall be committed to the common
goal of the said county for the space of three months unless the said
ﬁne and costs be sooner paid the one half of which ﬁne shall be paid
to the person who shall sue for the same and the other half to the over-
seers of the poor of such town or precinct where the offence was com-
mitted for the relief of the poor of such town or precinct. Provided Proviso;
always and be it further enacted by the authority aforesaid That neither 1,32%,
this act nor any thing therein contained shall be taken or construed to prevent any person from ﬁring the woods upon his or her own land ble if tire
provided such person do not suffer the ﬁre to get off the same so as to Spreads‘
endanger the woods of any other person upon pain and penalty of the
forfeiture and damages aforesaid, which forfeiture shall be recovered
and applied in manner and form last aforesaid. '
And be it further enacted by the authority aforesaid That if any person Heath-
or persons in the county aforesaid shall between the ﬁrst day of April {lgggikgi’gd
and the ﬁrst day of October in any year kill or destroy any heath-hen gluing 061"
such person or persons shall for every such ofﬁence forfeit and pay the 82151833?-
sum of ten shillings to be recovered and applied in the same manner as $3333?“ ,
the forfeitures for killing of deer are by this act directed to be recov- '
ered and applied; and that if any heath-hen so so* killed shall be found
in the possession of any person or persons such person or persons
shall be deemed guilty of the offence aforesaid and suffer the penalty
aforesaid.
* So in original
64
LAWS or NEW YORK. [CHAR 33.
Persons ,
named to
cancel and
destroy
certain
bills of
credit of
this State.
To report
to legisla-
ture.
Corn pen-
satlon.
Commis-
sioner-s of
sequestra-
tionindem-
niﬁed for
acts done.
Proviso;
as to suits
for waste.
CHAP. 32.
AN ACT for cancelling the bills of credit therein mentioned.
PAssED the 12th of March, I785.
Be it enacted by the Penile qf t/ze State of New York mg/rresewted in
Senate aaa’ Assemﬁly, and it is ﬁereﬁy eaaetea’ by t/ze aat/wrz'ty 0f t/ze same
That Peter Van Brugh Livingston and Henry Remsen Equires and the
treasurer of the State or any two of them, who before they proceed to
discharge the duties required of them by this act shall respectively take
an oath well and truly to perform the same, be and they hereby are
appointed commissioners to cancel and destroy all the paper bills of
credit emitted under the authority of this State while a colony and the
bills of credit emitted by the provincial congress, of this State, and the
bills of credit emitted by the convention of this State, and also the bills
of credit emitted agreeable to an act entitled “ An act for emitting
monies upon the credit of this State,” passed 27th March I78I, that are
in the treasury of the State; and that the said commissioners do make
a report in writing by them subscribed to the legislature at their next
meeting of the number amount and denomination of such bills of credit
by them cancelled and destroyed; for which service they shall respec-
tively be allowed sixteen shillings per day while employed therein, to
be paid by the treasurer of the State agreeable to such accounts thereof
as shall be produced to him audited by the auditory of this State.
GHAP. 33.
AN ACT for the indemniﬁcation of the commissioners of seques-
tration and the commissioners of forfeiture, and the lessees
under them; and for other purposes therein mentioned.
PAssEn the 14th of March, 1785.
Be it eaaetea’ éy t/ze People of t/ze State of New Yer/c, represented in F‘ .
Senate and Assemt/y, and it is Izereby eaaetea’ éy t/ze authority of 't/ze same,
That the late commissioners of sequestration within the several counties
of this State, shall be and and they are hereby declared to be indemni-
ﬁed for all and every lease and leases, made or given by them, of lands
and tenements the property of persons, who at any time during the late
war, had gone over to, remained with or joined the enemy: And that no
suit or suits already brought, shall be maintained, or hereafter com-
menced against the said commissioners of sequestration, or against any
person or persons holding under them, by any person or persons claim-
ing property in or to such lands and tenements: And such indemniﬁca-
tion shall also be and hereby is extended to the commissioners of for-
feitures for the several districts of this State and the lessees under
them. Prow'a’ea’ always, that nothing herein contained shall be con-
strued to bar or preclude any suit or suits, which may be brought for
the recovery of damages sustained by wanton and unnecessary waste
and destruction. '
Ana’ w/zereas certain lands, tenements and hereditaments, forfeited to
the people of this State, are so circumstanced that they cannot be
speedily sold, and no authority is vested in the commissioners of forfei-
tures, to demise the same after the ﬁrst day of May next.
CHAP. 34.1 ' EIGHTH SESSION. 65 -
Be it therefore enacted ﬁy the authority aforesaid, That the commis- Cpmmig-
sioners of forfeitures for the several districts of this State, shall be and @gfggfiot
hereby are authorized to demise such lands tenements and heredita- ures may
ments for any term not exceeding one year after the ﬁrst day of May {5655310,
Sold.

CHAP. 34.
AN ACT to explain and amend an act entitled “An act impos-
ing duties on certain goods wares and merchandize imported
into this State,” passed 18th November 1784.
PASSED the i5th of March, 1785.
WHEREAS doubt has arisen on the ﬁrst section of the before men- Preamble;
tioned act whether the like duty on every gallon of rum brandy or other I‘lé’guatjgsing
distilled spiritous liquors imported into this State in foreign vessels cpnstruc-
(except British) should be collected and paidyas by the Said act are 313528125
imposed on the like articles imported by citizens of this or of any of the act-
United States. '
Be it enacted ﬁy the People of the State of New Yorh represented in Hum, etc.,
Senate and Asseinﬁly, and it is hereﬁy enacted ﬁy the. authority of the same, tgngggggg
that every gallon of rum brandy or other distilled spiritous liquors other than
- - - - - - British,
brought into this State in any foreign vessel (except British) shall be duty on,
Subject to the like duties as by the said. act are imposed on rum brandy
or other distilled spiritous liquors imported by citizens of this or any
of the United States.
And whereas the importation of goods into this State, in vessels built
therein and owned by citizens thereof ought to be encouraged
Be it enacted ﬁy the authority aforesaid, That from and after the ﬁrst British
day of July next, all goods wares and merchandize Subject to a duty by Zggass'imﬁ
the ﬁrst Section of the act entitled “An act imposing duties on goods portedin.
wares and merchandize imported into this State,” passed 18th Novern- 353$;
ber 1784 which shall "be brought in any British ship or vessel, or in any duty-
Ship or vessel owned in the whole or in part by any British Subject or
subjects, arriving at or coming into any of the ports or harbours of this
State with or without British registers, shall be subject to double the
duties laid on goods wares and merchandize imported in any other ship
or vessel.
And ﬁe it enacted ﬁy the authority aforesaid, That from and after Pewter
the ﬁrst day of July next, all pewter hallow ware which shall be im-
ported or brought into this State shall be subject to a duty of ﬁve per duty 011-
cent, except the same shall be brought in any British ship'or vessel
aforesaid, in which case, such pewter hallow ware shall be subject to a
duty of ten per cent, to be collected in the mode prescribed in and by
the act above mentioned.
And ﬁe it enacted ﬁy authority aforesaid, That every Set of harness Harness,
for two horses which Shall be imported into this State from beyond sea, duty 0”‘
Shall be subject to a duty of ﬁve pounds, and every harness for a single
horse to a duty of two pounds ten shillings to be collected in manner
aforesaid. -
And ﬁe it further enacted by the authorizjl aforesaid, That all ships or Foreign
other vessels which Shall hereafter be built in this State by or for any ﬁihg‘gsdwith
foreigner, and rigged with cordage of the growth and manufacture of American
any of the United States shall be entitled to the same priviledges as if ‘éifﬁiﬁeé"
VoL. 2. -—-9.
66 LAWS or NEW YORK. [CHAR 35.
22523512: owned by citizens ofothis or any of the United States, on proof being
' made to the satisfaction of the collector of the customs, and that no
higher or other duties or fees shall be paid on the goods wares and
merchandize brought into this State in such ships or vessels, than is
paid by the citizens of this or any of the United States.
Goods im- And be it enacted by the authority aforesaid, That from and after the
ported -
from Ger- ﬁrst day of July next, all goods wares and merchandize other than the
g‘liﬁlgmtes produce and manufacture of any of the United States, imported into
Union, this State from the States of Rhode Island, Connecticut, New Jersey
$505,538,312. and Pensylvania shall be subject to the like duties as are by this act
duty 011- imposed on all goods wares and merchandize imported into this State
after the said ﬁrst day of July, in any British ship or vessel, or any ship
or vessel owned by any British subject or subjects, unless it shall' be
proved to the satisfaction of the collector, that such goods wares and
merchandize were not brought into<either of the said States in any
British ship or vessel, or any ship or vessel owned in the whole or in
part by any British subject or subjects. "
Foods And be it further enacted by the authority aforesaid, That when any
anded be- , .
fOKjQ duty goods wares or merchandize shall be landed, put on shore or removed
gglzmédtgnlff from on board of any ship or vessel by any merchant factor or other
sol person or persons, before he or they shall have duly entred the same
with the collector, such goods wares or merchandize shall be subject to
be seized by the surveyor and searcher, the respective tide waiters,
guagers and weighmasters of the customs, who are respectively hereby
authorized and required to seize the same; and that the same shall and
may be proceeded against, and disposed of in the manner directed in
and by the said act entitled “An act imposing duties on certain goods
wares and merchandize imported into this State."
gerioviso;t Brooided That it shall not be lawful for any of the persons aforesaid,
Z O - - . .
10613228,, to seize any goods wares and merchandize subject to seizure after the
under same shall have been landed and stored, unless b a warrant ﬁrst had
warrant. y
and obtained for that purpose as in and by the said act directed: And
Jg-Sée‘fhel'eyrouided also, that this clause shall not be construed to extend to any
driven goods wares or merchandize imported in any ship or vessel driven
gygigggiss. into port by distress as mentioned in the twenty-ninth section of the
act aforesaid.

OHAP. 35.
AN ACT to prevent the exportation of unmerchantable flour,
and the false tareing of bread and ﬂour casks.
PASSED the 16th of March, 1785.
Flour and \VHEREAs it is necessary that great care be taken to preserve the
Egead“ reputation of ﬂour one of the staple commodities of this State Be it
r_ therefore enacted by the People of the State of New Yorh represented in
tation; Senate and Assembly and it is hereby enacted by the authority of the same,
penalty‘ That every bolter of flour and baker of bread for exportation from this
State shall each one for himself provide and have a distinguishable
brand-mark with the initial letter of his christian name and his sir-
name at full length and shall therewith brand each and every cask of
flour and biscuit of his own bolting or baking for exportation from this
State before the same be removed from the place where the same shall
be bolted or baked under the penalty of one shilling for every cask so
removed, and not branded as aforesaid.
.CHAP, 35,] EIGHTH SESSION. . 67
And be it further enacted by the authority aforesaid That all wheat Flour,
ﬂour bolted for exportation as aforesaid shall by the bolter thereof be 2331255’
made merchantable, and of due ﬁneness and honestly and well packed packeilw
in good and strong casks well made and of staves well seasoned, with $31,“.
the tare of the casks marked thereon and each and every cask thereof Penalty-i
shall be well hooped with ten hoops at least, three of which to be on
each head and shall be well and sufﬁciently nailed before the same shall
be removed or carried from the place where the same shall be packed
as aforesaid and every bolter offending in all or any of the premises
shall forfeit and pay for every such offence the sum of two shillings.
And to prevent flour in casks from being packed too hard and to render Casks. di-
the weighing of every cask unnecessary, there shall be but two sizes $228“
one of which sizes to contain two hundred and twenty four pounds neat how many
. . . , pounds to
and the other size one hundred and ninety SlX pounds neat, and for that contain,
purpose the cask shall be made of the following dimensions that is
such as is to contain two hundred and twenty four pounds the staves
shall be of the length of twenty seven inches and the diameter of each
head eighteen inches, and those that are to’ contain one hundred and
ninety six pounds neat to be also the length of twenty seven inches and
the diameter of each head sixteen inches and an half. And the casks
shall be made nearly straight for the convenience of stowing in vessels.
And on the head of each cask of ﬂower shall be branded with a brand-
ing-iron the neat. weight of each barrel.
And be it further enactea by the authority aforesaid That if any per- Penalty
- . ' , for false
son or per sons shall put a false brand of the weight on any cask of flour branding.
such person shall forfeit for every cask so falsely branded the sum of
ten shillings or shall put a false or wrong tare on any cask of flour or
bread to the, disadvantage of the purchaser he, she or they shall forfeit
and pay for every such cask falsely tared as aforesaid the sum of ﬁve
shillings to the inspector or other person discovering the same to be
recovered before any justice of the peace in the county where the fraud
is committed. '
And be it further enacted by the authority aforesaid That no ﬂour Flour_to he
shall be shipped for exportation out of this State before the same ﬂour $231556?
shall have been submitted to the view and examination and been in- Spectorap-
. . - pointed
spected and approved by one of the inspectors to be appointed by vlr- under this
tue of this act who shall bore the head of each barrel orvcask and Sggégglfto
pierce the same through with an instrument contrived for that purpose to brand
and examine try and determine whether the same flour is of due ﬁne- each cask‘
ness and whether it has not been injured by being ground too close or
by some other means so as to prevent its rising properly and making
light bread and also whether it is honestly packed and shall then plug
up the hole. And if the said inspector shall judge the same ﬂour to be
merchantable and of due ﬁneness and that the same has not been in-
jured in the manufacturing or wet or otherwise damaged and that the
same is honestly and well packed in such casks so made marked and
branded as aforesaid then and not otherwise he shall brand every such
cask of ﬂour on the quarter in a fair and distinguishable manner
with the initial letter of his christian name and his sirname at full
length with the name of the county in which it is inspected for which
trouble the said inspector shall receive one penny half penny per cask _Fees of
and no more the one half to be paid by the seller and the other half by mspector'
the purchaser. And the said inspectors are hereby strictly charged not
to brand any cask of flour for exportation although the flour should be
of due ﬁness unless it shall appear to them that the same flour has not
been injured in the manufacturing and that it is merchantable nor
68
LAWS OF NEW YORK. [CHAR 35..
Flour re-
jected by
inspector,
fees for
examin~
ing.
Flour not
branded as
merchant-
able by
inspector,
not to be
exported;
penalty.
Id.
Inspec~
tors may
enter on
board and
examine
vessels.
To conﬁs-
oate casks
of ﬂour
not prop-
erly
branded.
Master of
vessel,
where
ﬂour
found, to
be mulcted
Purchasers
of ﬂours
for expor-
tation to
have same
inspected,
notwith-
standing
previons
inspection.
Disputes
with in —
spector,
how set-
tled.
unless the same be honestly and well packed in good strong casks well
made and of staves well seasoned and hooped and branded in the man-
ner herein before directed and the tare marked on each cask.
And be it further enacted by t/ze aat/zority aforesaid That if any flour‘
upon inspection is judged by the officer inspecting the same to be unﬁt
for exportation the owner or possesor thereof shall pay the inspector
one penny half penny per cask for every cask so rejected.
And be it fart/zer enacted by t/ze aat/zorz'ty aforesaid That no flour
whatsoever not branded as aforesaid by ‘one of the said inspectors as
and for good and merchantable ﬂour shall be shipped for exportation
out of the State under the penalty of forfeiture, and loss of the full value
of all such flour so shiped one half part thereof to be paid to the"
treasurer of this State for the use of the people thereof and the other
half there'of to such person as shall inform and sue for the same in any
court of record in this State by actionv of debt or on the case.
And be it fart/zer enacted by the aat/zority aforesaid That if any per-
son shall export out of this State any flour not inspected or branded by‘
one of the said inspectors, ‘such exporter and the master of such vessel
carrying such uninspected or unbranded ﬂour out of this State shall
upon conviction of such offence in any court of record in this State
severally forfeit the sum of forty shillings for every such cask so ex~~
ported or carried out of this State to be recovered and applied in the
manner directed in the preceding clause of this act.
And be it fart/zer enacted by t/ze azctbori/zy aforesaid That the said
inspectors and every of them shall have full power and authority by vir-
tue of this act and without any further or other warrant to enter on
board any vessel whatsoever in the harbours of the city of New York
Albany or in any of. the counties within this State to search for and
make discovery of any flour shipped or shipping on board any such
vessel for exportation immediately from thence out of this State. And
if the said inspectors or either of them shall on such searc'h discover
any cask or casks of ﬂour not branded as before directed the person or
persons so shipping the ‘same shall forfeit all and every such cask and
caskslof flour so shipped or shipping and not branded in the manner
before directed. And the master or commander of such vessel who
shall receive any such cask or casks of flour not branded as aforesaid
shall forfeit and pay for each cask so received on board his vessel
the sum of ten shillings. ' And if any person shall obstruct or hinder the
said inspectors or either of them in making such search as aforesaid
every person so offending shall forfeit and pay the sum of ﬁfty pounds.
And be it fart/zer enacted by t/ce azct/zorizy aforesaid That all ﬂour
purchased for exportation shall be inspected in the manner aforesaid at
or after the time the same shall be so purchased for exportation and
if any purchaser of ﬂour for exportation shall not have the same
inspected as aforesaid at or after the time of such purchase, such
purchaser shall forfeit and pay for every such cask of ﬂour the sum of
ten shillings although the said flour may have been inspected and
branded at any time before the'said purchase.
And be it fart/zer enacted by tile ant/eerily aforesaid That if any dis-
pute shall arise between the owner or possessor. of any ﬂour offered to
be inspected and the inspector or inspectors concerning the place where
such ﬂour offered for inspection was manufactured, the owner or pos—
sessor thereof shall prove by himself or one credible witness upon oath
(or if of the people called Quakers) afﬁrmation before any justice of
the peace to the best of his knowledge and belief where such flour was
manufactured .
cusp. 35.] EIGHTH SESSION. 69
And ﬁe it further enacted ﬁy the authority aforesaid That no inspector Casks to be
of ﬂour Shall brand or mark as inspected or cause to be branded or Eggiggded
marked any cask of flour wherever manufactured unless the initial let- initial let-
ter of the christian name and the sirname at full length of the manu- 3235f”-
facturer be ﬁrst branded thereon. And ﬁe it further enacted ﬁy the authority aforesaid That his excel-
lency the governor by and with the advice and consent of the council Governor
of appointment Shall from time to time appoint one inspector of ﬂour toflppoint
in the respective cities of NewYork and Albany and as many inspectors of ﬂour, and in each county within this State as to the said council shall Eggect
appear necessary. And that it shall be lawful for the respective inspec- '
tors for the Said cities of New York and Albany by writing under their Deputy in-
hands and seals to a oint as man do uties as the shall think neces- Spectors ‘0
' Pp _Y p _ y _ be ap-
sary to assist them in the execution of their ofﬁces, and to displace Pointed-
them at their_pleasure for whose faithful conduct they shall be respon-
sible and all acts of such deputies shall be performed in the name of
their respective principals. -
And ﬁe it further enacted ﬁy the authority aforesaid That the inspec- Inspec-
tors to be appointed in pursuance of this act before they enter upon the Eggsetsathv
execution of their respective ofﬁces shall take the following oath or
(if of the people called Quakers) afﬁrmation before one of the judges
of the inferior-court of common pleas, but if in the city or county of
New York before the mayor or recorder of the Said city. ' I A. do Form of I
swear or (if of the people called Quakers) afﬁrm that I will faithfully, Oath‘
truly, and impartially according to the best of my judgment skill and
understanding execute do and perform the ofﬁce and duty of an
inspector and examiner of ﬂour according to the true intent and mean-
ing of the laws of this State relative to the same so help me God.
And ﬁe it further enacted ﬁy the authority aforesaid That the proprie- Flour in-
spected in
tor or proprietors of any ﬂour inspected in the city and county of interior of
Albany, or in any of the counties within this State as by this act is di- Stéﬂég may
rected shall and may ship the same directly out of this State from the ported"
place where the same was inspected without being obliged to have the
Same reinspected.
And ﬁe it further enacted ﬁy the authority aforesaid That the inspect- Inspec-
ors to be appointed in pursuance of this act- shall each of them provide himself with a brand-mark in addition to those they are already by this Blglgrgfld
act required to have to brand the word superﬁne and they and each of supei'ﬁile
them are hereby required and directed to brand the word superﬁne on ﬂow"
all such casks as they shall have inspected and which they shall judge
to be superﬁne flour and no other. And each of the said inspectors
shall, if they ﬁnd any cask of ﬂour marked by the proprietor or manu-
facturer with the word superﬁne and which upon inspection they shall
ﬁnd not to be Superﬁne, erase or cut out Said mark.
And ﬁe it further enacted ﬁy the authority aforesaid That no inspector Inspec-
of flour shall purchase any ﬁour by them respectively condemned nor 3331331’ to
any ﬂour whatsoever other than for their own particular and private ﬂour-
use under the penalty of ﬁfty pounds to be recovered by action of
debt.
And ﬁe it further enacted ﬁy the authority aforesaid That if any inspector Penalty
of ﬂour not then actually employed in the examination of flour accord-
ing to the powers and authorities given by this act shall on application tor-
to him made to examine and inspect any ﬂour as aforesaid refuse neg-
lect or delay to proceed to Such examination or inspection for the space
of three hours ‘after such application so made every inspector so refus-
ing neglecting or delaying to make such examination and inspection
70 LAWS OF NEW YORK. [CHAR 36..
shall for each offence forfeit and pay the sum of twenty shillings to the
use of the person or persons so delayed.
Penalty. And be it further enacted by the authority aforesaid That if any person
counter- - -
feiting or persons shall counterfeit or alter any of the aforesaid brand marks
bl'lanfl- whether State or private, he she or they shall forfeit and pay for every
llldl'lxse
offence the sum of one hundred pounds.
1Penalllty And be it further enacted by the authority aforesaid That if any person
or 0 aug-
ing ﬂour 01 persons shall empty any casks of ﬂour inspected and branded as
gigglrdg'ctlisk aforesaid in order to put in other ﬂour for sale or exportation into any
' cask so branded as aforesaid without cutting out the said brand marks
every person so offending shall forfeit and pay the sum of ﬁfty pounds.
Jggpgg-Sue And be it further enacted by the authority aforesaid That the inspect-
fprbpena]- ors to be appointed in pursuance of this act and every of them are
25513615?“ hereby authorized and directed to sue for all ﬁnes and forfeitures men-
tioned in this act (except such as are herein otherwise directed to be
recovered and applied which ﬁnes and forfeitures shall and may be sued
for and recovered together with costs in any court of record in this
State having cognizance of the same by action of debt, or on the case,
the one half of which said ﬁnes and forfeitures when recovered shall be
paid to the treasurer of this State for the use of the people thereof and
the other half thereof shall be to the use of the inspector or inspectors
that shall sue for and recover the same. -
acitlélzglen And be it further enacted ‘by the authority aforesaid That this act shall
836'“. not be in force until the rising of the legislature at the present meeting
' and with respect to the size of cask shall not be in force until the ﬁrst
day of October next.
CHAP. 36.
AN ACT to exempt Simeon Smeed and Niles Higginbottom:
Daniel Platt and Benjamin Platt from paying any part or share
of the produce of the mines therein mentioned.
PASSED the 16th of March, 1785.
Preamble. VVHEREAs it is represented to the legislature by Simeon Smeed and.
Niles Higginbottom that they have discovered a mine in the county of
Albany, and by Daniel Platt and Benjamin Platt that they also have dis-
covered a mine in Fredricksburgh precinct in the county of Dutchess.
Persons Be it enacted by the People of the State of New Yer/e represented in
111,113‘? re" Senate and Assembly, and it is hereby enacted by the authority of the same
from pay— That the said Simeon Smeed and Niles Higgenbottom, Daniel Platt and
lsliizitteoany Benjamin Platt, their heirs executors administrators and assigns, shall
gljgg‘flg; of be and hereby are exempted acquitted released and discharged of and
mines, by from paying or yielding to the people of this State, or to any commis-
212,321.31‘? sioner agent collector or receiver for their use, any part share propor-
fol‘i‘ ﬁxed tion or dividend whatsoever of either of the said two mines in the
penod' county of Albany and county of Dutchess, the one discovered by the
said Simeon Smeed and Niles Higginbottom, and the other by the said
Daniel Platt and Benjamin Platt, until the thirty ﬁrst day of December
ﬁgftggime in the year of our lord, one thousand seven hundred and ninety six.—
mines riot And be it further enacted by the authority aforesaid That neither the
$302138‘, said Simeon Smeed or Niles Higgenbottom, nor the said Daniel Platt.
untilper- or Benjamin Platt, or their or either of their heirs executors administra-
ffgiiiﬁh, tors or assigns, shall presume to work or intermeddle with the said mines’
CHAP. 37.] EIGHTH sEssIoN. 71
or either of them after the day last mentioned, on any pretext what-
soever, until he she or they shall have previously obtained permission
from the legislature of this State for that purpose on such conditions
and limitations as the legislature shall deem just and expedient.
And in order to give the said Simeon Smeed and Niles Higginbottom,
and the said Daniel Platt and Benjamin Platt, respectively, and their
respective heirs executors administrators and assigns every advantage
arrising from the discovery of the said mines Be itfurther enacted by the
authority aforesaid, That in all treaties with the legislature for the Parties
working of the said mines the said Simeon Smeed and Niles Higgin- ﬁg‘rféegrg‘fﬂ
bottom their heirs executors administrators or assigns as to the mine erencein _
by them discovered, and the said Daniel Platt and Benjamin Platt their £32323“,
helrs executors administrators or assigns as to the mine by them dis- 533311;];
covered shall have the offer of being a party and privy thereto, and b '
shall on every offer have the preference of all other persons whomso—
ever.
Provided always That nothing herein contained shall be construed to Proviso;
give the said Simeon Smeed and Niles Higginbottom or Daniel Platt ﬁtlgggghts
and Benjamin Platt or either of them or their heirs executors adminis- Owners-
trators or assigns or any of them, any right to dig or break up the soil
or ground of any private person or persons, bodies corporate or politic
whatsoever, or of the people of this State.
CHAP. 37.
AN ACT to alter the terms and continue the processes of the
inferior courts of common pleas and general sessions of the
peace in the county of Washington.
PASSED the 16th of March, 1785.
WHEREAS the inferior courts of common pleas and general sessions of Preamble.
the peace in and for the county of Washington are by law directed to
be held on the last Tuesday of February and on the ﬁrst Tuesday of
November annually; and whereas it is found by experience that another
term is necessary
Be it enacted by the People of the State of New York represented in Courts in
Senate and Assembly and it is hereby enacted by the authority of the same, Elgﬁshmg'
That the next succeeding courts of common pleas and general sessions county,
of the peace in and for the Said county shall be held at New Perth in terms of‘
the said county on the last Tuesday of May next and that all succeed-
ing courts of common pleas and general sessions of the peace in the
Said county shall from and after the said last Tuesday of May next be
held on the ﬁrst Tuesday of November the second Tuesday of Feb-
ruary and last Tuesday of May in every year at New Perth aforesaid
any law to the contrary notwithstanding. .
And whereas no courts have been held on the last Tuesday of F eb-
ruary last in the said county by reason of the absence of the judges of
the said courts on public business.
Be it further enacted by the authority aforesaid That all suits and Court of
common
processes depending in the said inferior court of common pleas and pleas;
r l ' r h ' d‘f h ' ‘a h llFebmary
court 0 genera sessions 0 t e peace In an or t e Sal county s a term not
be continued in like manner as if such courts respectively had been heldztpgg
C888 0
held in the said county on the last Tuesday in February last. That all continued,
72
LAWS OF NEW YORK. [CHAR 38.
Certain
section of
act therein
named re-
peeled.
Act ex-
tended to
Suffolk
county.
Preamble;
as to com-
missioners
of high-
ways in
the manor
of Philips-
burgh.
Phi lips-
burgh com-
missioners
of high-
ways need
not be
freehold-
ers-
processes and precepts issued out of the said courts respectively and
which were returnable on the said last Tuesday in February shall be
returned on the last Tuesday of May next in the said courts respec-
tively and that all persons who were bound by bail bonds or recog-
nizances to appear at the said courts respectively intended to have been
held in the said county on the last Tuesday of February aforesaid shall
be held and bound to appear by virtue of such bail bonds or recogni-
zances respectively at the next inferior court of common pleas or next
court of general sessions of the peace to be held in the said county
after the passing of this act and that all processes and precepts to be
issued out of the said courts respectively before the last Tuesday in
May next shall be tested on the twenty ﬁfth day of February last.
CHAP. 38.
AN ACT to amend an act entitled “An act for the better laying
out, regulating and keeping in repair all common and public
highways and private roads in the counties of Ulster, Orange,
Dutchess, Washington, Westchester, Albany and Montgom-
ery,” passed the 4th day of May 1784; and to extend the same
to the county of Suffolk.
. PAssEn the 16th of March, 1785.
Be it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly, and it is lzereby enacted by tlze aatlzorizy of the same,
That the thirty third section of the act entitled “An act for the better
laying out, regulating and keeping in repair all common and public
highways and private roads in the counties of Ulster, Orange, Dutchess,
Washington, \Vestchester, Albany and Montgomery,” passed the 4th
day of May 1784, be and the same is hereby repealed.
And be it enacted by the azct/zority aforesaid, That the said act shall be
and hereby is extended to the county of Suffolk.
And wlzereas by the ﬁrst section of the aforesaid act, it is made law-
ful for the freeholders and inhabitants of the towns in the said several
counties at their annual meetings for electing town-ofﬁcers to choose
and elect not less than ﬁve freeholders, in each respective town, to be
commissioners to lay out and regulate the highways in such town -- And
wlzereas the inhabitants of the manor of Philipsburgh in the county of
'Westchester, did, at their last annual town meeting, choose and elect
three persons commissioners as aforesaid, who were not freeholders;
and will probably be under the necessity, at their next annual meeting
for electing town-ofﬁcers, to choose and elect persons for commissioners
as aforesaid, who may not be freeholders-
Be it fartlzer enacted by tlze aatborizy aforesaid, That the power
and authority of the said persons, elected and choosen commissioners,
to lay out and regulate the highways in the manor of Philipsburgh afore-
said, at their last annual town meeting, shall be and are hereby declared
to be as valid and effectual to all intents constructions and purposes
whatsoever, in doing and performing the duties required of them as
commissioners to lay out and regulate highways, as if the said commis-
sioners so choosen and elected as aforesaid, were respectively freehold-
ers; and that in case the commissioners to lay out and regulate the
highways to be choosen and elected in the manor of Philipsburgh, at
‘CHAP. 39.] ‘ EIGHTH SESSION. 73
their next annual town-meeting for electing town-ofﬁcers should not be
freeholders, their power and authority shall be equally valid in perform-
ing all the duties required of them as commissioners, as if they were
respectively freeholders.
A/za’ whereas there has been an omission of recording in the county preamble;
record, the laying out of many of the public highways in Dutchess gouutggf’ss
county, by reason whereof several of the roads which have been used as highways
public highways, have been stopped up, and it is expected, that the Same $3,955
will be done to others, to the great damage of the public; for preventing
whereof
Be it enacted a)! z‘lze auf/zarz'fy aferesaz'a’, That all public highways, What_
which have been used as such, for the Space of twenty years last past, $385,163,?)
shall be taken, deemed and adjudged 1n the law, to be public highways, Svuntyd
and be subject to be altered and amended in the same manner as other will?
public highways by the laws of this State, may be altered and amended. highways"
Ana’ ﬁe it farZ/zer eizaez‘ea’ a} f/ze auZ/wrz'z‘y aferesaz'a’, That whenever it Id.: how
can be proved by credible witnesses, that-a public highway has been laid proved‘
out within twenty years by the commissioners authorized by law to lay
out public highways, and that the same has been Since used as a public
highway, and that the commissioners who laid out such public highway
are dead, the same shall be taken deemed and adjudged to be a public
highway, although it may not have been recorded in the county records.
Ana’ [2e 2'! fzerz‘lzer enaetea’ a}; file azez‘lzorz'ly aferesaz'a’, That the persons Commis-
hereafter to be chosen commissioners to lay out and regulate highways 1812222239:
and roads, before they execute any of the powers mentioned in the Bgitake
hereby amended act, shall, instead of the oath prescribed in the twenty- oath‘
third section of the said act, respectively take the following oath, that is
to say, I do solemnly swear (or if of the people called Quakers Form of ,
afﬁrm) that I will to the best of my knowledge faithfully and impartially Oath‘
execute the powers to me given and granted by an act entitled “An act
for the better laying out, regulating and keeping in repair all common
and public highways and private roads in the counties of Ulster, Orange,
Dutchess, Washington, Westchester, Albany and Montgomery. So help
me God. .
CHAP. 39s
AN ACT for the partition of lands.
PASSED the 16th of March, 1785.
WHEREAS many tracts of land in this State are held by divers per- Preamble.
sons as joint tenants, tenants in common and coparceners, and such
tracts cannot by law be divided by reason of the absence infancy or
coverture of some of the proprietors, to the great detriment of the
owners, and the prejudice of agriculture. _
Be 2'; ﬂzerefare enacted a] t/ze Peeple 0f the Sfaz‘e of New Yer/e repre- Partition
seated in Senate and Assembly and if is Izereey enaez‘ea’ éy t/ze aaz‘kerz'z‘y 0f 32:21:53}
Z/ze same, That any one or more of the proprietors, of any tract or tracts prgggisgg
parcel or parcels of land which now are or hereafter may be undivided, l’jj‘be pub-
incline to have partition thereof, may subscribe a writing and publish “Shed'
the same in any one or more of the public newspapers printed in the
city of New York, and one or more of the public newspapers printed in
the city of Albany except the lands to be divided lie in the southern
great district, in which case such advertisements may be published only
VOL. 2. —— IO
74
LAWS OF NEW YORK. [CHAR 39.
If commis-
sioners
named are
objected
to,
supreme
court to
appoint.
Commis—
sioners to
take oaths,
before en-
tering on
their
duties.
Commis-
sioners,
how to
proceed;
to give
notice by
advertise-
ment.
in one or more of the newspapers printed in the city of New York
twelve weeks, directed in general to all persons interested in such tract
or parcel of land, specifying the bounds thereof, and giving notice that
three commissioners not interested in such tract or parcel of land,
naming them and their places of abode are appointed to make such
partition, and that they will meet at a certain day and place to be also
therein mentioned, and to be within ten days after the said twelve weeks
are expired to proceed to the partition of the said lands, and requiring
all persons interested therein to attend then and there for that purpose,
either by themselves or their attornies; and if no objection to any of
the said commissioners be offered in writing to any one of the judges
of the supreme court, or of the inferior court of common )leas of the
county in which the greatest part of the lands lie, and a notice of such
objection in writing served upon the subscriber or subscribers to the
notice so directed to be published, or any one of them, and within nine
weeks after the ﬁrst publication thereof, then the commissioners so to
be named shall perform the duties required of them by this act ; but if
such objection and notice be made and given, the judge to whom it was
offered shall appoint the parties a day and place within ten days after
nine weeks from the ﬁrst ‘publication of the notice are expired, and
then and there hear and determine such objections, and appoint other
ﬁt and uninterested persons in the room of those he may think proper
to remove as unﬁt, and such persons so appointed shall thence forth be
the commissioners for executing the powers given to commissioners by
virtue of this act, and shall before they proceed to execute their ofﬁces,
be severally sworn or if of the people called Quakers afﬁrmed before
one of the judges of the said supreme court, or before any of the judges
of any inferior court of common pleas to perform the trust and services
required of a commissioner by this act, fairly and impartially, accord-
ing to the direction thereof, and the best of his skill and judgment;
and‘a certiﬁcate of their being so sworn or afﬁrmed from the person
administering the oath shall be ﬁled with the rest of the proceedings as
hereafter directed.
Ana’ be it farf/zer enaez‘ea’ 15y the aaz‘lzorz'z‘y aforesaid, That the same
commissioners so to be appointed shall afterwards publish a notice
or advertisement in one or more of the public newspapers printed in
the city of New York and one or more of the public newspapers printed
in the city of Albany except the lands to be divided lie in the southern
great district, in which case such advertisement may be published only
in one or more of the newspapers printed in the city of New York,
signifying their said appointment, and that at a certain day and place to
be mentioned, they will meet to proceed on the said partition; and that
they desire all persons concerned to attend accordingly, which said
notice shall be published six‘ weeks before the day of meeting; and
when ‘the commissioners have ascertained who and how many the
patentees of the lands to be divided were, they shall as soon as conve-
niently may be, cause a survey to be made of the lands to be divided,
in their presence; and having set apart such portion thereof as they
conceive to be sufﬁcient to defray the expence of the partition, the
residue shall be divided into as many allotments as the commissioners
shall judge best, according to the quantity quality and situation of the
land to be divided ; after which they shall cause every allotment to be,
divided into as many lots as they were patentees, as nearly equal as
possible, having due regard in the partition to the situation quantity
and quality thereof, so that the patentees and those holding their several
rights may haveequal shares in value as near as may be. Prat/idea’
Gear. 39.] EIGHTH SESSION. 75
always, that in such case where the patentees of any tract of land have Proviso;
added to the number of original owners thereof by conveying or dis-32:51:13’
posing of such part or parts of their original undivided shares to any X51812 1
other person or persons, whereby the said person or persons, and the safaris
said patentees became severally owners of equally undivided shares of dmded'
such tract of land, then and in such case the number of lots shall be
equal to the number of such patentees and other owners so vested with
equal shares with such patentees as aforesaid. And in case the bounds
or extent of any lands hereafter to be divided by virtue of this act, Where
- boundary
shall appear to be so much controverted that the true quantity of the is dis,
whole land to be divided cannot be ascertained clear of dispute, that singed,» d
then and in such case the said commissioners shall cause the undisputed andjiinedis—
lands to be surveyed and run out distinctly and Separately from such Egflesdtlgogg
part as shall be in dispute, and Shall make distinct and separate allot- partitioned.
ments and divisions of the Said undisputed and disputed lands in such beparately’
manner as that a proportionate share of each, as nearly as may be as well
in quantity as in quality may upon the balloting hereafter mentioned
be drawn to the name of each patentee.
And be it further enacted by the authority aforesaid, That of all sur- Two ﬁeld
veys & allotments to be made by virtue of this act, two true ﬁeld bﬁféﬁﬁfg‘,
books and maps specifying the bounds of every allotment and lot shall Lgggfg ﬁled
be made, and the several allotments and lots laid down and numbered
on the said maps, and then Signed by the said commissioners, one of
which said ﬁeld books and maps Shall be ﬁled in the ofﬁce of the clerk
of the county, where the greatest part of the lands lay, and the other in
the Secretary’s ofﬁce of this State ; which when done the said commis-
sioners shall cause an advertisement to be published for at lest six Notice of
weeks in one or more of the newspapers printed in the city of New Eglﬁg‘ggg
York, and one or more of the public newspapers printed in the city of "Shed-
Albany, except the lands to be divided lie in the southern great district,
in which case such advertisement may be published only in one or more
of the newspapers printed in the city of New York, notifying the ﬁling
of the ﬁeld books and maps in the ofﬁce, and appointing a particular
time and place on a day within twenty days after the expiration of the
said six weeks, and requiring all persons interested then and there to
attend to see the several lots balloted for; and that the same may be
conducted in a just and impartial manner, one or more of the judges of Judge of
the supreme court of this State, or of the inferior court of common pleas 2231;???“
of the county in which the greater part of the lands lie, not interested cymllion
in the division, upon the request of the said commissioners in writing $233.12..
under their hands, served six days before the time of meeting shall be balloting"
present to oversee the balloting so to be made; at which day 8: place,
the said commissioners having then made as many tickets as there are
lots in each allotment, with one of the numbers of each lot on every Manner of
ticket, and as many tickets as there are patentees and proprietors, with $511,218“
the name of one of the patentees or proprietors on each ticket, the lobing-
tickets of names shall be put into a box, and the numbered tickets into
another box, and such person or persons as the commissioners shall
then appoint shall immediatelyaproceed to draw a ticket of the names,
and then a ticket of the numbers, and so proceed until all the tickets
are drawn. And after drawing for the lots in one of the allotments,
they shall proceed in the same manner to draw for the lots in the other
allotment or allotments, if more than one, until the whole drawing is
completed. And the lot in each allotment on the maps bearing the
number of the ticket drawn next after drawing the ticket with the name
of the patentee or proprietor, shall be the Separate and divided share of
76 LAWS OF NEW YORK. [CHAR 39,
such patentee or proprietor, and of all persons holding under him or
her; of which balloting and all the proceedings in such partition, the
said commissioners shall make a full and fair entry and minute in a
book, one copy whereof, certiﬁed under their hands, or the hands of a
majority of them, and under the hand of the judge present, shall be
ﬁled in the said secretary’s ofﬁce, and another, certiﬁed in like manner,
in the clerk’s ofﬁce of that county where the greatest part of the lands
lay; which same books or an exempliﬁcation under the great seal of this
State, shall be good evidence of such partition; and which partition
shall be valid and effectual in the law to divide and separate the said
lands.
Sale of And be it further enacted by t/ze azctlzority aforesaid That the said
commissioners or any two of them, shall within one year next after
defray drawing or balloting the lots aforesaid proceed to sell that part of the
gill-23350611? tract which was set apart to pay the expence of the partition, at public
vendue, to the highest bidder, whereof six weeks public notice shall be
previously given in one of the said newspapers; and their deed to the
purchaser'shall pass as good a title to such bidder for the separate
enjoyment of the same as if all the patentees or proprietors of the said
_ land had made and executed the same in due form of law. Always
Qommis- provided, that no commissioner or Commissioners or any other person in
fllgglggspub trust for him or them, shall become purchasers of the said land so to
glues: be sold, orof any part thereof. And of the whole charge attending
' such partition the commissioners shall keep and state a particular
Accounts account, and lay the same before one or more of the judges of the
giggglglfns' supreme court or of the inferior court of common pleas of the county
11:3: kept; where the'greatest part of the lands lie, who are hereby impowered and
Audited, required to appoint some proper person or persons to audit the same
after fourteen days notice given in writing by the said commissioners to
any three of the ,proprietors, of the time & place of auditing the'said
accounts that they may be heard in objecting .to the same; and out of
the monies arising by such sale the commissioners may retain so much
as the said auditor or auditors, or the major part of them shall certify
to be due to them for their services and disbursements in completing
the said partition; and the surplus, if any there is, shall be divided into
equal parts according to the number of patentees or proprietors as afore-
said, and be paid to them, or those holding under them; and the receipt
of the said patentees or proprietors as aforesaid, or of any person hold-
ing under a patentee shall be a sutﬁcient discharge to the said commis-
sioners for the share of such patentees or proprietors. '
Shares of And wlzereas joint tenants, tenants in common, and Coparceners of
joint ten‘ particular lots or parcels of lands so divided, or of other lands held in
gugggtjig joint tenancy, coparcenary, or in common may be inclined to have par-
similar titlon thereof; Be it t/zerefore enacted by the aut/zorzty aforesaid, That
manual" partition may be made thereof, and be as valid, and the expence of the
same defrayed in the same manner as the partition of other lands are
before directed, the proprietors in such further or other partition being
considered as the patentees are in the partition above prescribed.
Improve- A no’ be it enacted by t/ze azct/zorig) afol’esaid That in case on the parti- -
[283‘: £318 tion of any patents or tracts of land on which improvements have here-
ig rgjlagiprg tofore been made by any owner or proprietor, or by any person or per-
it'iOIL sons by consent of any owner or owners proprietor or proprietors of any
such patents or tracts of land, the person or persons to whose shares
such parcels of improved lands shall fall upon a partition of such pat-
ents or tracks of land, shall before he or they be permitted to the pos-
session of the same, pay the respective possessor or possessors thereof,
CHAP. 39.] EIGHTH SESSION. 7 7
the value of the improvements made thereon; and in order to settle and
ascertain the value of such improvements, the said commissioners are
hereby fully authorized impowered and directed at the request of the
party or parties to whom such parcel or parcels of improved lands shall
upon such partition as aforesaid appertain, issue their precept to the
sheriff of the county in which the lands lie, commanding him to sum-
mon twelve freeholders having the proper and legal qualiﬁcations of
jurors to attend the said commissioners on the premises at a day to be
appointed in the said precept not exceeding thirty days after the date
thereof, to assess the value of such improvements, at which day and
place the said commissioners shall swear the said freeholders well and
truly to inquire into and assess the value of the Said improvements, and
then shall proceed with their assistance in a summary manner to inquire
into and assess the same, and make duplicates of Such their inquisitions
and assessments under their hands and seals, and the hands and seals of
the said freeholders, one of which said duplicates shall be delivered to
each of the parties. And in case the possessor or possessors of such
improved lands shall not within thirty days next after a tender to him
or them made of the assessed value by the person or persons to whom
the said improved lands shall upon such partition as aforesaid belong
peacably and quietly deliver up to him or them the possession of the
same; the said commissioners or any or either of them shall upon proof
of such tender made-before him or them or any or either of them by
the oath of one or more credible Witness, issue a precept in writing,
under the hands and seals of them the said commissioners, or the hands
and seals or hand and seal of any or either of them to the sheriff of the
county in which Such improved lands respectively lie, commanding him
to put the person or persons to whom such improved lands shall upon
such partition belong into full and 'peacable possession of the same.
Prat/idea’ always that the costs charges and expences attending as well 1a.; rule
on such assessment as aforesaid, as on the putting of the party or p‘ar- 2355mm
ties into the possession of Such improved lands, shall be estimated
according to the regulations herein after prescribed, and shall be paid
by the respective possess* or possessors of Such improved lands, and
on his her or their refusal to pay the same shall be levied on his her or
their goods and chattles by warrant under the hands and seals of the
said commissioners, or the hand and seal of any one or more of them
directed to the said sheriff of the county wherein such improved lands
respectively lie, who is hereby required to perform that Service.—
And inasmuch as the said commissioners in such further or other
partition may through the great number of proprietors and rights pro-
ceed upon a mistake either by supposing them too few or too many,
Be 2'! Z/zerefere enaez‘ea’ by t/ze same auZ/zorz'zfy, That if any lott or lots, shall Rule asto
be set off and drwan * for any person having no title to the lands to be lﬁﬁfslﬁg,
divided, such lot or lots shall be considered as lands Still undivided;
and if no lot or lots shall be set off and drawn for any person having
title, nothing herein shall be construed to defeat such title; provided
nezlerz‘lzeless, that the partition shall be considered as fully completed to
all intents and purposes between all and every the other proprietors of
the said lands.
Ana’ ﬁe 2'! f zerf/zer enaeiea’ a] f/ze auZ/zerz'fy aferesaz'a’, That if any of the Survivors
commissioners so to be appointed to make any partition by virtue of 350%‘;‘35‘1358'
this act, shall die before the same is completed, their powers shall vest 232%???"
in and be exercised by the survivors or survivor of them. '

* So in original.
78
LAWS OF NEW YORK. [CHAR 39.
One com-
missioner
to act as
surveyor;
one as
clerk.
Where
commis-
sioner act-
ing as sur-
yeyoris
incapaci-
tated, an-
other sur-
veyor to be
appointed.
Rate of
compen-
sation.
Act, how
far appli-
cable; cer-
tain lands
not af-
fected.
Bound-
arles of
each pat-
ent to be
ﬁrst sur-
veyed by
surveyor-
general;
proceed-
ings where
he fails to
attend.
And a 2'2‘ fart/zer enaez‘ea’ o)» t/ze auZ/zorz'z‘y aforesaid, That one of the
said commissioners shall be sworn as surveyor previous to the said sur-
vey to be performed (or if of the people called Quakers shall make
afﬁrmation) to perform the same truly and impartially, and accordingly
execute the duties of surveyor, which said oath or afﬁrmation, either
of the other two commissioners are hereby impowered to administer;
and which oath or affirmation shall he entered in the minutes of their
proceedings, and certiﬁed by the other two commissioners; and that
one other of the said commissioners shall act as clerk, and as such shall
take minutes of all their proceedings. Provided always, and be it ezzae/ed
by t/ze aut/zorz'z‘y aforesaid, That in case the said commissioner being a
surveyor as aforesaid shall die before the survey be completed, or through
sickness or some other cause be rendered incapable to complete the
same, that in such case the surviving commissioner or commissioners,
shall and may thereupon nominate appoint and qualify another sur-
veyor to carry on and complete the same or in case either of the said
commissioners be a surveyor he shall & may be qualiﬁed & act as sur—
veyor, compleat the survey in like manner. Which said surveyor shall
have twenty eight shillings per day for his services. That the said
commissioner acting as surveyor shall have twenty eight shillings per
day, the commissioner acting as clerk twenty eight shillings per day,
and the other of the said commissioners twenty four shillings per day
while actually employed in the said service ; and each of the chainbear-
ers, and the flagbearer and marker (whenever the commissioner shall
think such ﬂag bearer or marker necessary) shall have ten shillings
per day; and the persons who audit the accounts twenty shillings per
day for their services; which allowances shall be in full for their serv-
ices and all expences attending the said survey; but the auditors may
allow a reasonable sum for defraying the expence of the attendance of
the judges, the advertising and balloting herein before directed.—
Arzd [1e 2'! also erzaez‘ed oy f/ze same aza‘lzorz'zfy, That nothing in this act
shall be construed to defeat prejudice or destroy the rights of the people
of this State, or of any bodies corporate and politic, nor to extend or
relate to any of the common and undivided lands of any of the said
bodies corporate and politic, nor of any such common & undivided
lands belonging to any township on Nassau island, or the township of
Schenectady in the county of Albany, or of Kingston Hurley Rochester
New Paltz and Marble Town in the county of Ulster, or the borough
of West Chester any thing herein to the contrary notwithstanding.
And oe it also erzarz‘ed Zzy t/ze same azrt/zorz'z‘y, That the out lines of every
patent so to be divided shall be surveyed previous to -the division by
the surveyor general or his deputy, provided that he do attend and per-
form such service, upon six weeks notice of the time and place when
and where the commissioners are to meet for performing the survey,
being given to him in writing under the hands of the commissioners;
for which service he shall be allowed at the rate of twenty eight shillings
per day for coming to, attending on and returning from, such survey;
and shall be provided with chain bearers in the same manner, and to
be paid at the same rate, as other surveyors commissioners and chain-
bearers are by this act directed to be paid. But if the surveyor gene-
ral shall neglect to attend by himself or his deputy in the manner afore-
said, then it shall be lawful for the eommissioner acting as surveyor to
perform the whole survey of the patent so to be divided.
And w/zereas there may arise doubts on the survey concerning the
limits of the tract so to be divided, as well on objections made by those
CHAP. 39.] EIGHTH SESSION. 79
holding under the patents, as by the surveyor general or his deputy on
the part of the people, >
Be it Z/eerejfore enacted oy the same authority That the commissioners Rule as to
may in such case run the limits in such manner as the said surveyor $330“,
general or his deputy shall direct, and also in the manner directed 332221353’
by the party or parties ﬁrst sueing out a partition of the lands so to be disputed.
divided, and attending such survey for the partition thereof; and shall
make a separate division of the lands so in dispute, and shall proceed
to the complete partition of the same in_ the manner before directed ;
and the lines run for the limits of the bounds of the patent shall always
be laid down on the map on which the division is made, and on those
to be ﬁled in the secretary’s ofﬁce, and in the ofﬁce of the clerk of the
county. Provided always, and oe z'z‘ enacted by Z/ze autlzorz'zj/ aforesaid Proviso;
That no survey of the outlines of any patent shall be made by virtue of this act, in any case where such survey has already heretofore been bgFHd-
made, by virtue of any former law of the legislature of this State while patient.
a colony, or at the instance or request of the patentees or parties inter-
ested in the said lands, unless the said commissioners shall‘conceive
such former survey of the outlines of any patent is not sufﬁciently cer-
' tain to proceed to a partition and division as aforesaid.
A no’ whereas many small estates held in common require a more easy Partition
and less expensive mode for the division thereof than that which is 35,311“
hereinbefore provided held in
ommon,
Be 2'! Z/zerefore eazaez‘ed oy Z/ze auz‘ﬁorz'zj/ aforesaid That where any lands ﬂow made,
tenements or hereditaments shall be held in common, it shall and may be
lawful for the court of common pleas in the county where such lands Shall
be upon the application of one or more of the owners or proprietors of
such lands tenements and hereditaments for partition thereof, it being
proved to the satisfaction of the court that the value of the said lands
tenements and hereditaments do not exceed ﬁve thousand pounds to
appoint three reputable freeholders of the county, commissioners for
that purpose, afﬁdavit being ﬁrst made before the court by the person or
persons making such application that the other owners or proprietors
residing within the State or the guardians of Such owners or proprietors as
are minors have had thirty days previous notice of his or their intention
of making such application; and the commissioners so to be appointed
after they shall have been duly sworn before one of the judges of the
court of common pleas in such county, honestly and impartially to exe-
cute the trust reposed in them respectively as commissioners for making
partition of the lands tenements and hereditaments as directed by the
court shall proceed to make partition of the said lands tenements and
hereditaments among the owners and proprietors thereof according to
their respective rights therein, which partition being made by the said
commissioners or any two of them, and a return being made thereof in
writing under their hands and seals to the court, particularly describ-
ing the lands allotted to each respective owner or proprietor, and men-
tioning which of the owners or proprietors are minors, if any such there
shall be, which return being acknowledged by the said commissioners
or any two of them, before one of the judges of such court, and accepted
by the court, and entered of record in the clerks ofﬁce shall be a par-
tition of such lands tenements and hereditaments as are therein men-
tioned. Provided always that where any houses and lots are so circum- Proviso;
stanced that a division thereof cannot be made without great prejudice 35226022?
to the owners or proprietors of the same, and the commissioners not be _
- - - - made with-
appointed to make partition of the same shall so report to the court, if out preju-
it shall then appear to the court that such houses and lots do not exceed dice-
80
LAWS OF NEW YORK. [Cl-lAP. 40.
Proviso :
no parti-
tion to be
made con-
trary to
terms of
any will.
Guardians
to be ap-
pointed for
minors, to
represent
them in
carrying
outthe
provisions
of this
act.
Taxes in
New York
city, how
rated and
assessed.
in value the sum of three thousand pounds, the court shall thereupon
give orders to the said commissioners to sell such house and lot or
houses and‘ lots of land at public vendue, and shall make and execute
good and sufﬁcient conveyances to the purchaser or purchasers thereof,
which shall operate as an effectual bar both in law and equity against
such ,owners proprietors and all persons claiming under them, and the
monies arising therefrom to pay to the owners or proprietors of such
houses and lots of land, their guardians or legal representatives as shall
be directed in the said order, retaining in their hands for their services
and expences such sum as shall be allowed by the court; and the said
commissioners on a division of lands tenements and hereditaments, by
order of the court as aforesaid shall be allowed such sum as the court
shall award for their services and expences to be paid by the owners or
proprietors of the lands tenements and hereditaments so divided in pro-
portion to their respective rights therein; and in case of the neglect or
refusal of any of the owners or proprietors to pay his her or their pro-
portion of the sum so awarded, the court shall order so much of the
lands tenements and hereditaments allotted to such owner or proprietor
so refusing or neglecting, to be sold at public vendue as will be sufﬁcient
to pay his or her proportion of the sum awarded by the court, together
with the costs of such sale. And provided also that no division or sale
shall be made by order of the court as above directed contrary to the
intention of any testator as expressed in his last will and testament.
And be it fart/zer enacted by t/ze aat/zority aforesaid That it shall and
may be lawful for the inferior Courts of common pleas in the several
counties to allow of guardians who shall be chosen by minors of the
age of fourteen years, and to appoint guardians for such as shall be
within that age; and the court on allowing or appointing any guardian
as aforesaid shall take sufﬁcient security of all such guardians for the
faithful discharge of their trust, and to render a just and true account
of such guardianship to the court when thereunto required. And the
guardians of all minors so to be allowed or appointed as aforesaid, shall
be and hereby are respectively authorized and impowered on behalf of
the respective minors whose guardians they are to do and perform any
act matter or thing respecting the division of any lands tenements and
hereditaments as is directed in the above preceding clause, which shall
be binding on such minor, and be deemed as valid to every purpose as
if the same had been done by such minor after he should have arrived
at full age.
CHAP. 40.
AN ACT for the more easy assessment of taxes, for prolonging
the terms of the court of general sessions of the peace, alter-
ing the mode of punishment in certain cases of petit larceny
in the city and county of New York; and for the conﬁnement
of vagrants and common prostitutes to hard labour.
PASSED the 18th of March, 1785.
. Be it enacted by tlze People of tbe State of New York, represented in
Senate and Assembly, and it is lzereby enacted by the aat/zority of the same,
That all taxes to be levied within the city and county of New York, by
virtue of any law hereafter to be made and passed, whether for the use
of the State or for the maintenance of the poor, and defraying the con-
CHAP. 41.] EIGHTH SESSION.
81
tingent charges within the said city and county, shall be rated and
assessed, by the assessors, now, or hereafter to be, chosen, for assessing
the taxes to be raised within the said city and county; and that the
power duty and authority of overseeing and providing for the poor, shall
be vested in the mayor aldermen and commonalty of the said city, in
common council convened, to be assisted by such commissioners as they
have commissioned or appointed, or hereafter shall commission or
appoint for that purpose, except so far as relates to the taxes to be
raised by an act entitled “An act to enable the mayor recorder and
aldermen of the city and county‘of New York to raise monies by tax for
the purposes therein mentioned,” passed the 26th of April last past.
Ana’ ﬁe 2'! further enaez‘ea’ ﬁy z‘lze autlzorz'zfy aferesaz'a’, That it shall and
may be lawful, for the court of general sessions of the peace of and for
the city and county of New York, whenever in their judgment,‘ the due
administration of justice shall render it necessary, and from time to time
in any of the terms appointed or to be appointed for holding the said
court, to prolong such term or terms for one or more days, not extend-
ing in the whole, beyond the Tuesday following the ﬁrst day of each
term inclusively and respectively.
Ana’ ﬁe it further enaetea’ ﬁy z‘ﬁe auz‘ﬁorz'z‘y aforesaid, That it shall and
may be lawful, to and for the mayor recorder and aldermen of the said
city for the time being, in all cases, where by law they, or any of them
are authorized to inflict corporal punishment for any crime or misde-
meanor, to substitute at their discretion, instead of such corporal pun-
ishment, a conﬁnement of the offender in the house of employment or
bridewell, belonging to the said city, to be kept at hard labour therein,
or at any work or employment, within any part of the jurisdiction of the
said city and county, for a longer, or shorter period according to the
nature of the offence: And also to conﬁne and set to hard labour in
manner aforesaid, all idle and disorderly vagrants, not having visible
means of a livelihood, and all common prostitutes, who ~now are, or
from time to time shall come into, or sojourn within the said jurisdic-
tion : Prem'a’ea’ always, that no person shall be confined in manner afore-
said by virtue of this act, for any term longer than six months.
CHAP. 41.
AN ACT to vest the estate of Daniel Bevier in trustees for the
purposes therein mentioned.
PASSED the 21st of March, 1785.
WHEREAS it is represented that Daniel Bevier of the township of
Rochester in the county of Ulster hath been a long time insane and
deprived of his reason, and that there is no probability that the said
Daniel Bevier will ever recover his reason; and that the estate of the
Said Daniel Bevier remaining unimproved doth not produce an income
sufﬁcient for his support.
Poor,
power and
duty of
oversee-
ing, how
vested.
Court, of
general
sessions
ofthe
peace,
terms may
be pro-
longed.
Misde-
meanors,
imprison-
ment may
be substi-
tuted for
corporal
punish-'
ment.
Disorderly
persons.
punish-
ment of .
Proviso;
as to dura-
tion of
improve-
ment.
Preamble;
insanity of
Daniel
Bevier.
Ana’ whereas the heirs apparent and others the nearest of kin to the 1d.; peti-
said Daniel Bevier have by their petition to this legislature prayed that
the real estate of the said Daniel Bevier may be vested in trustees or
commissioners with power to sell the same to provide for the mainte-
nance of the said Daniel Bevier.
tion to the
le 'sla~
VoL. 2. -—- 11.
ture.
'82
LAWS OF NEW YORK. [CHAR 4r.
Estate of
Daniel
Bevier
vested in
trustees
for pur-
poses
therein
named.
Proviso, as
to rights
of legal
represen-
tation.
Trustees
to ﬁle bond
in chan-
cery.
Proviso;
no estate
to vest in
trustees
until in-
sanity of
Daniel
Bevier
found by
inquest.
.Be it enaez‘ed oy z‘lie People of the Stare of New York represented in
Serzaz‘e and Assemlly and ii‘ is lzereby enaeied oy z‘lze auz‘lzoriiy of tlze same,
That all the real and personal estate of the said Daniel Bevier be and the
same is hereby absolutely vested in Jacob Bevier, johannis Bevier and Ben-
jamin Bevier, brothers, and Daniel Dubois and Abraham Bevier, nephews
of the said Daniel Bevier, their heirs and assigns who are hereby author-
ized and required to sell and dispose of the real estate of the said Daniel
Bevier in such manner, to such person or persons and for such consid-
eration as they may think fit, and may deem most conducive to the
interests of the said Daniel Bevier and his representatives; and deeds
and conveyances thereof to seal and execute; which sale so made and
deeds or conveyances thereupon executed by the said jacob Bevier
Johannis Bevier Benjamin Bevier Daniel Dubois and Abraham Bevier
or the major part of them, the survivors of them, or the major part of
such survivors are hereby declared to be good and effectual to all intents
and purposes in law and equity to vest in such purchaser or purchasers
the whole estate and interest which the said Daniel Bevier has in the
said real estate, and every part thereof; and upon the receipt of the
monies arising from such sale the said trustees or commissioners or any
two of them or the survivors of them shall put the same at interest on
good security, and apply the income or yearly product thereof to the
support and maintenance of the said Daniel Bevier during his natural
life, and from and immediately after the decease of the said Daniel
Bevier to be and remain in the heirs or legal representatives of the said
Daniel Bevier Provided always that nothing herein contained shall preju-
dice the persons who may be the heirs or legal represenatives of the said
Daniel Bevier, but that the monies arising from the sale of the real estate
of the said Daniel Bevier shall descend to his right heirs in the same
manner as the other personal estate of the said Daniel Bevier shall
legally descend; and that the personal estate of the said Daniel Bevier
shall also be distributed among the legal representatives of the said
Daniel Bevier after his decease, as the same would have been done if
this act had not been passed. A ad provided also and le itfartker enacted
by z‘lze auz‘lzoriz‘y aforesaid that before the said Jacob Bevier johannis
Bevier, Benjamin Bevier Daniel Dubois, and Abraham Bevier or either
of them take upon them the trust reposed in them by this act, they shall
duly execute abond to such ofﬁcer of the court of chancery in such
sum or sums, and with such surety or sureties as the chancellor of this
State shall direct and approve of with condition that such trustee or
trustees will well and faithfully from time to time apply the whole estate
of the said Daniel Bevier or so much thereof as shall be necessary for
the support of the said Daniel Bevier during his natural life, and after
his decease distribute and pay the surplus, if any there shall be, to and
among his legal representatives in such proportions as the same would
by law have been distributed if this act had not been passed; which
bond when executed shall be ﬁled in the ofﬁce of register of the said
court of chancery. Provided always, that no estate shall be vested in,
nor shall any sale or sales be had or made in pursuance of this act by
the said jacob Bevier Johannis Bevier Benjamin Bevier Daniel Dubois
and Abraham Bevier unless a writ shall be previously issued out of the
court of chancery to enquire of the insanity of the said Daniel Bevier,
and it shall be found by inquest, in due form of law that the said Daniel
Bevier is insane and unable .to take care of his person and ‘property.
CHAP. 43.] EIGHTH SESSION.
83
CHAP. 42.
AN ACT to lay a tax on dogs~in the city of New York.
PASSED the 21st of March, 1785.
WHEREAS it is found by experience, that the great number of dogs,
kept in the city of New York occasion an unnecessary expence and
ought to be considered as a public nuisance: For remedy whereof.
Be it enacted oy t/ze People of t/ze State of New York, represented in
Senate and Assenzo/y, and it is ﬁereoy enacted oy t/ze ant/writ] of the same
Preamble.
That every owner or keeper of a dog or dogs within the said city to the Dogs, tax
dwelling house late of James Delancey Esquire, shall be and hereby is
and are respectively made subject to an annual tax of eight shillings for
each respective dog so from time to time to be kept within the limits
aforesaid ; which tax shall all be disposed of and applied for the sup-
port of the poor of the said city, or such public uses as the mayor
aldermen and commonalty of the said city shall from time to time order
and direct : provided always that every butcher and tanner within the
limits aforesaid, shall be at liberty to keep one dog respectively without
being subject to any tax for the same.
And tie it further enaeted oy the authority aforesaid, That for the more
easy collection of the said tax, it shall be'the duty of the respective
assessors at the time when they shall rate and assess the tax for the
maintainance of the poor, and for other contingent charges within the
said city, to add to each of their respective assessment rolls, the tax
hereby directed to be levied upon the owners or keepers of dogs within
their respective wards, and the same shall thereupon be collected in the
same manner as the annual taxes for the support of the poor and other
contingent expences shall from time to time be directed by law to be
levied Within the said city.
CHAP. 43.
AN ACT to appoint certain trustees therein named to sell and
dispose of the real estate of Elizabeth Richards deceased.
PASSED the 3Ist of March, I785.
southward of an east and West line to pass on the south side of the field
on, in
rtam
parts of
New York
city.
Proviso, as
to butch-
ers and
tanner’s
dogs.
Tax, how
rated and
assessed.
WHEREAS Henry Van Rensselaer of Claverack in the county of Preamble;
Albany surviving executor of last will and testament of Elizabeth Rich-
estate of
Elizabeth
ards deceased and one of the devisees and legatees therein named Richards,
together with divers other persons parties in interest under the same
last will did present a petition to this Legislature at the last meeting
thereof setting forth in substance that from the remote and dispersed
situation of the devisees and legatees under the said will it was neces-
sary in order to effect a ﬁnal settlement of the estate of the said Eliza-
beth Richards that trustees should be appointed with full power to sell
and dispose of the whole undivided real estate of the said Elizabeth
Richards deceased devised by her said will the said trustees when the
sales of the said real estate should be compleated to account with the
devisees for the proceeds of the same praying that jeremiah Van Rens-
selaer John De Peyster Ten Eyck and jeremiah Lansingh of the city of
Albany gentlemen might be appointed trustees for the purposes aforesaid.
deceased.
84
LAWS OF NEW YORK. [CHAR 44-
Estate
vested in
trustees
for pur-
poses
therein
named.
Be it therefore ehaetea’ hy the Peeple 0f the State of New Yorh, repre-
sentea’ in Senate and Assemh/y, and it is herehy enacted hy the authority of
the same That the said Jeremiah Van Rensselaer, John De Peyster Ten
Eyck and Jeremiah Lansingh be and they are hereby constituted and
appointed trustees for the purpose of selling and disposing of, in such
manner and upon such terms and conditions as to them shall appear
‘ most for the advantage of the parties interested therein all and every
Proviso, as
to ac-
counting
by trus-
tees.
Proviso;
trustees to
ﬁle bond
in chan-
oery.
Preambie.
Supervis-
ors of
Queens
county to
levy tax
for build-
ing a. court
house and
gaol.
part of such undivided real estate which was of the said Elizabeth
Richards deceased in her life time and to execute seal and deliver such
conveyances and assurances of the said premises, and of every part
and parcel thereof to the purchaser or purchasers, his her and their
heirs and assigns as shall‘ be needful and requisite for the perfect and
absolute conveying and assuring thereof, Which conveyances and assur-
ances so to be by the said trustees made shall be to such purchaser or
purchasers according to the true intent and meaning thereof good and
effectual in the law to all intents constructions and purposes whatsoever
as fully as if made and executed by the said Elizabeth Richards in her
life time, or as if made and executed by the devisees and legatees of
the said Elizabeth Richards in her said testament and last will men-
tioned since her decease, and in case of the death or absence from the
State of one or more of the said trustees the survivors or survivor of
them or such as shall remain within the State shall be and are hereby
invested with the like powers and authorities which are herein before
given to the said trustees-jointly, proz/z'a’ea’ always and it is the true
intent and meaning of this act that the said trustees shall well and truly
account with the said devisees and legatees of the said Elizabeth Rich-
ards, or their lawful representatives for the proceeds of the said sales
so to be by them made as aforesaid and shall distribute and pay over
the said proceeds (after reasonable and necessary charges and expences
being deducted) to the said devisees and legatees or their lawful repre-
sentatives according to the interests proportions and shares to them
respectively devised bequeathed and given in and by the said testament
and last will of the said Elizabeth Richards deceased pro'az'a’ea’ always
that the said trustees before any sale or sales shall be made in pursu-
ance of this act shall enter into bond in such manner under such pen-
alty and with such security as the Court of Chancery, or one of the-
masters thereof shall direct for the faithful performance of the trust
hereby in them reposed.
CHAP. 44.
AN ACT for building a court house and gaol in‘ Queens county
and for repairing the court house and gaol in Suffolk county
and for other purposes.
‘ PASSED the grst of March, 1785.
WHEREAS the court house and gaol of the county of Queens have
been destroyed.
Be it enacted hy the Peaple 0f the State hafNew York represented in Sea-
ate and Assemhly aha’ z'tz's herehy enaetea’ hy the authority of the same That
the supervisors of the several towns and districts in the said county for
the time being shall and they are hereby authorized and required to-
direct to be raised and levied on the freeholders and inhabitants of the
said county a sum not exceeding two thousand pounds for building a
court house and gaol in the said county with the additional sum of nine
CHAP. 44.] EIGHTH SESSION. . 85
pence in the pound for collecting the same; which said sum shall be
raised <levied and collected in like manner as the other necessary and
contingent charges of the county are levied and collected.
And ﬁe it fart/ter enacted ﬁy t/ze aut/zority aforesaid That the said Meeting of
supervisors of the county of Queens shall meet for the purpose of direct- fjrlsf’f’ms‘
ing the said sum of two thousand pounds to be raised and levied at the ‘vzgggebgpél
dwelling house of Benjamin (,‘heeseman at North Hempstead in the said '
county on the ﬁrst Tuesday in May next and it is hereby made the duty
of the clerk of the supervisors of the said county to notify the said
supervisors of such meeting.
And ﬁe it further enacted ﬁy t/ze aat/zority aforesaid That the said sum Tax. when
of two thousand pounds, shall be collected and paid into the treasury {g’c‘Egdc‘glgd
of the said county of Queens in manner following that is to say the ﬁrst Paid-
moiety thereof on or before the ﬁrst day of july next and the other
moiety thereof on or before the ﬁrst day of March next.
And ﬁe it fart/ter enacted ﬁy t/ze aut/zority aforesaid That the said court Court
house and gaol for the said county of Queens shall be erected and built and
at or near the house of Benjamin Cheesman in North Hempstead. {)vehglfgcigd
And ﬁe it further enacted ﬁy t/ze ant/zority aforesaid That it shall be
lawful for the judges of the inferior court of common pleas for the said Court of
county of Queens or a majority of them, and it is hereby declared to be $3,132,“
the duty of such judges for the time being to superintend and direct illperin-
. . . . . end con--
the building of the said court house and gaol In the said county by struotion.
virtue of this act, in such manner as shall appear to them most eligible
consistent with good oeconomy and the interests of thesaid county, and
that the said judges or a majority of them shall and may contract with
workmen, purchase materials, and employ an overseer, or overseers of
such workmen, and from time to time to draw upon the treasurer of the
said county for such sums of money for the purposes aforesaid as shall
come into the treasury by virtue of this act, and the said treasurer is
hereby required out of the monies aforesaid to pay to the order of the
said judges the several sums of money to be ‘by them drawn for, and it I
is hereby made the duty of such judges to account with the supervisors
of the said county for the monies by them to be received when there-
unto required.
And ﬁe it enacted ﬁy tﬁe ant/zority aforesaid That the inferior court of Courts,
vcommon pleas and general sessions of the peace for the county of E’Qﬁfeunm
Queens shall be held at such place in the township of Jamaica as the judges of the inferior court of common pleas of the said county or the com-
majority of them shall determine until the court house aforesaid shall meted’
be built and ﬁt for the purposes aforesaid. '
And whereas it is necessary that the court house and gaol in Suffolk Preamble-
county should be repaired.
Be it fart/ter enacted ﬁy~tlze authority aforesaid That the supervisors Egspggvis-
of the several towns and districts for the time being in Suffolk county Suffolk
shall be and they hereby are authorized at their next meeting or at any Icé’vuyugg‘zo
other subsequent meeting within the present year to cause to be raised repair the
levied and collected off- and from the freeholders and inhabitants of the and
said county a sum not exceeding three hundred pounds for repairing gaogilfg
the court house and gaol in the said county besides the expence of col- tIPupstees to
lecting the same which said sum shall be raised levied and collected in the $353“
like manner as the other contingent charges of the county are raised and repairs-
collected and be paid to the treasurer of the said county for the time being
and the said supervisors are hereby authorized and impowered to appoint
one or more trustee or trustees to cause the said court house and gaol
to be repaired in such manner as the said supervisors shall deem suf-
LAws OF NEW YORK. [CHAR 45.
ﬁcient and to inspect examine audite and pay all the accounts f0} work-
manship or labour doiie or any materials found or provided for repairing
the said court house and gaol and that the said county treasurer for the
time being shall pay to such trustee or trustees from time to time such
sum or sums of money as he or they shall require for repairing the said
court house and gaol not exceeding in the whole the sum of three hun-
dred pounds, and that the trustee or trustees to be appointed as afore-
said shail from time to time exhibit to the supervisors of the said county,
accounts of the expenditures of the monies which shall be by him or
them received from the county treasurer for repairing the said court
house and gaol.
CHAP. 115.
AN ACT to conﬁrm the several partitions of lands within the
patent of New-Paltz in the county of Ulster.
PASSED the 31st of March, 1785.
WHEREAS Edmond Andros Esquire Seigneur of Saus marez, Leuten-
ant and Governor General under his Royal Highness James Duke of
York and Albany, and of all his territories in America, by letters patent
or grant, hearing date the twenty ninth day of September one thousand
six hundred and seventy-seven, did give, ratify, conﬁrm and grant unto
Lewis Du Bois and partners, that is to say, Christian Deyo, Abraham
Hasbroecq, Andries Lefevre, Jean Broecq, Peirre Deyo, Laurens Beverie,
Anthony Crespel, Abraham Du Bois, Hugo Frere, Isaac Du Bois and
Simon Lefevre, a certain tract of land situate in the county of Ulster
aforesaid, and~which said tract of land is in the said letters patent
described as follows, that is to say, a certain piece of land at Esopus
lying on the south side of the Rondout creek or kill, beginning from the
high hills called Moggonck, from thence stretching south east near the
great river, to a certain point or hook called the Jeuffrous Hook lying
in the Long Reach, named by the Indians Magaatramis, then north up
along the river to an island in a crooked elbow in the beginning of the
Long Reach, called by the indians Raphoosten, west on to the high hills
to a place called Waratahoes and Tawarataque and so along the said
high hills south west to Moggonck aforesaid.
And whereas Abraham Du Bois, Hugo Freer, Jacob Freer, Andre
Lefevre, Samuel Bevier, Daniel Du Bois, Jacob Hasbrouck, Isaac Lef-
evre, Jean Lefevre Solomon Hasbrouck, Henry Deyo, Daniel Hasbrouck,
Yan Een, Hugo Freer Junior, Abraham Bevier, Lewis Bevier, John
T eerpenning, Elizabeth Een, Sarah Een, Maria Magdalena Een, Mattys
Sleght Junior, Abraham Deyoe, Christian Deyoe, and Anthony Yelver-
ton, being then the whole, or a very great majority, both in point of
numbers and interest of the persons interested in the lands, intended to
be granted by the said letters patent, did makeand under their hands-
and seals exectute a certain instrument in writing as follows, to wit,
“ To all Christian People to whom these presents shall eonze, or in any ways-
“may eoneern Greeting, Whereas Edmond Andros Esquire Seigneur of
“ Saus'marez, late Governor General under his Royal Highness James
“ Duke of York and Albany &c. of all his territories in America, by his
“letters patent bearing date the twenty-ninth day of September in the
“year of our Lord, one thousand six hundred and seventy-seven, did
“give, ratify, conﬁrm and grant unto Lewis Du, Bois and partners, that
CHAP. 45.] EIGHTH SESSION.
87
“is to say, Christian Deyoe, Abraham Hasbroecq, Andries Lefevre, Jean
“ Broecq, Pierre Deyoe, Laurens Bevier, Anthony Crispel, Abraham
“ Du Bois, Hugo Freer, Isaac Du Bois, and Simon Lefevre, their heirs
“and assigns all that certain piece of land, lying on the south side of
“ the Roundout creek or kill, beginning from the high hills called
“ Moggonck, from thence stretching south east near the great river, to
“a certain point or hook called the Jeuffrows Hook, lying in the Long
“ Beach named by the Indians Magaatramis, then north up along the river
“to an island in a crooked elbow in the beginning of the Long Beach
“ called by the Indians Raphoos, then west on to the high hills to a place
“called Waratahoos and Tawarataque, and so along the said high-hills
“ south west to Moggonck aforesaid, to hold unto the said Lewis Du Bois
“ and partners, their heirs and assigns, to the proper use and behoofof him,
“ the said Lewis Du Bois and partners their heirs and assigns forever, And
“ w/zereas the aforesaid pattentees in their life time,and since their decease,
“ their several heirs or assigns, have severally according to their just rights
“ and interests therein, held, enjoyed and improved some part ofthe afore-
“ said land and premises commonly known by the name of New Paltz,
“ according to the several divisions and partitions that have been made
“between them by paroll without deed, and the other parts thereof yet
“remaining in common and undivided Now Know Ye, that we whose
“names are underwritten, and who have signed and sealed these presents
“being owners and interested in the aforesaid patent, for the good order,
“regulation, beneﬁts and proﬁts of the freeholders and inhabitants in the
“ said patent, as likewise for the maintaining, preserving, defending and
“keeping whole and entire the full right, title, beneﬁts, properties and
“advantages belonging or in anywise appertaining unto the aforesaid
“ freeholders and inhabitants by virtue and authority of the abovemen-
“ tioned patent and of the several conveyances and last wills and testa-
“ments of the aforesaid patentees and of their heirs and assigns, and
“for the making good and ﬁrm the aforesaid divisions and partitions
“made by the aforesaid patentees in their life time, and since their
“decease by their several heirs and assigns, and for making a further
“and more perfect division and partition of the undivided lands and
“premises now lying in common and undivided, and unimproved within
“ the bounds of the aforesaid patent, have thought ﬁt and convenient,
“and we do by these presents covenant and grant to and with each
“ other, that there shall and may be, yearly and every year, forever
“hereafter, chosen and elected for the purposes abovementioned by
“ the plurality of votes of the freeholders and inhabitants within the
“aforesaid patent, twelve good, able and sufficient men, freeholders and
“inhabitants who have an interest within the said patent representing
“the aforesaid twelve patentees, that is to say, out of every of us who
“are owners and occupiers, or hath a right in each of the aforesaid
“ patentees shares respectively one, which election shall and may be held
“yearly and every year att New Paltz aforesaid on the ﬁrst Tuesday in
“April, and in case any of the freeholders being so chosen and elected
“ as aforesaid, refuse, deny and will not serve, that then he shall provide
“ one, who is likewise an owner and hath a right in the same patentees
“share in his stead, and place, who not being produced, or doth not
“ appear within a fortnight after the election to be held as aforesaid then
“the other elected men shall nominate and take one who is an owner
“and hath a right within the said patentees share, to act in his stead
“And we do by these presents, every of us severally in behalf of our-
“ selves, our heirs executors administrators and every of them and not
“jointly, give grant and bequeath unto the aforesaid twelve men, or the
88
LAWS OF NEW YORK. [CHAR 45.
“major part of them, to be elected and nominated in manner as aforesaid
“full power and authority to act and set in good order and unity, all com-
“ mon affairs, businesses or things coming before them, belonging to or
“ concerning the right title interest or property of the township of the
“ New Paltz aforesaid, and commonalty within the said patent, accord—
“ing to law or equity, and to the best of their knowledge and under-
“standing. And that if it should so happen that the aforesaid twelve
“men to be elected as aforesaid, shouid'disburse any money for charges
“ or other expences for defending and preserving the right title interest
“and property of the township of the New Paltz aforesaid, and the com-
“monalty within the said patent, that then we and every of us respect-
“ively according to our respective rights and interests in the aforesaid
“patent shall bear and pay an equal proportion of the aforesaid charges
“and expences so been at by the aforesaid twelve men or any of them
“and that they the said twelve men shall and may give deeds of par-
“tition or other proper conveyances in law for the conﬁrmation and
“ascertaining each mans just share and devidend of the aforesaid divi-
“ ded land and premises according to the aforesaid several divisions and
“partitions thereof made by the aforesaid twelve patentees in their life
“time, and by their several heirs and assigns since their decease; and
“we do by these presents further give and grant unto the aforesaid
“twelve men, .to be elected and nominated as aforesaid, or the major
“part of them, full power and authority to make a further and more
“perfect division and partition of the aforesaid undivided land and
“ premises or so much thereof as they shall from time to time see cause for,
“ or think convenient, which division is to be made in manner and form
“following, that is to say, that the said undivided land and premises, or
“ such part thereof as they, shall from time to time see cause for, or think
“convenient, shall be laid out in twelve equal shares and divisions, so
“that the one is not of more value than the other, and then the afore-
“said twelve shares or divisions, shall be numbered, and then the afore-
“said twelve men shall draw lots for the same, and such share or divis—
“ion as falls to the lots of the aforesaid twelve men respectively, shall
“be and remain to the proper use beneﬁt and behoof of us who are
“properly interested in the respective patentees share, they are so
“ elected and chosen for according to our just shares and interests
“therein, for which the aforesaid twelve men are to give deeds of con-
“ veyance for the same, and that the same shall stand and remain as a
“full and perfect partition and severance for the same, and that after
“ such partition and allotment made in manner as aforesaid, we whose
“names are under subscribed, and who have signed and sealed these
“presents respectively and our heirs and assigns shall stand to and agree
“ to the said partition and allotment so to be made in manner as afore-
“ said, according to the true intent and meaning of these presents, and
“shall permit and suffer the same to stand, remain and abide, in its full
“ strenght * and force forever, as if we ourselves had been present and
“consented thereto and gave deeds of partition for the same, and that
“the said twelve men, or such thereof as there shall be others chosen in
“their stead, at the end of the year shall be accountable to the new
“elected, and so yearly and every year forever hereafter, and so having
“faithfully served, they shall be duly and lawfully dismissed and dis-
“charged for their proceeding in behalf of the township and common-
“ alty as aforesaid; and now for the true performance of all and singu-
“lar the articles covenants and agreements as aforesaid, so far as the

* So in the original.
CHAP. 45.] EIGHTH SESSION.
89
“same are to be performed by us severally and respectively, each and
“every of us whose names are hereunder subscribed, do and doth sev-
“erally bind himself his heirs executors and administrators in the sum
“of ﬁfty pounds current money of the province of New York, to be
“paid unto each and every the other of us his heirs executors and
“administrators upon the nonperformance of any of the articles cove-
“ nants and agreements aforesaid, which on our several and respective
“ parts are to be done and performed according to the true intent and
“meaning of these presents, In witness whereof we,have hereunto of
“ one assent and consent set our hands and afﬁxed our seals this twenty-
“ﬁrst day of April in the ﬁrst year of his majesties reign Annoq. Dom.
“one thousand seven hundred and twenty eight.”
And whereas in consequence of the said instrument in writing, the
freeholders and inhabitants within the said patent, have annually from
the time of the execution of the said instrument in writing, hitherto
elected twelve persons in the manner and for the several purposes men-
tioned in the said instrument in writing, and which said persons so
elected, have generally been distinguished, by the appellation of the
twelve men, or the twelve trustees, and the said twelve men, so from
time to time elected, did meet and convene, and conceiving themselves
vested with sufﬁcient authority for the purpose by virtue of the said
instrument In writing, did, at some of the said meetings, make partition
of different parcels of the lands contained with the said letters patent,
and minutes, or a journal of the proceedings of the said twelve men, so
from time to time covened, as far forth as such proceedings did relate
to the said several partitions, were entered in a book, which was always,
Id.; peti-
tions made
by the
twelve
men ;
record
thereof.
as a kind of record, deposited with a discreet freeholder within the said.
patent to that purpose from time to time appointed by the said twelve
men, and which said book hath been submitted to an inspection and
examination by the legislature, and the same in order to preserve the
authenticity thereof and that the intent of this act may be carried into
effect, hath, lately by the twelve men, elected for the present year, been
deposited with surveyor general of this State, in whose custody the
same doth now remain. ‘
And w/zereas Simon Du Bois, jacobus Hasbrouck, johannis Freer,
Jacob Hasbrouck, junior, Abraham Donaldson, Abraham Eltinge,
Petrus Hasbrouck, Samuel Bevier, Benjamin Deyoe, Isaac Lefever,
Mathew Lefever and Abraham Ein, the twelve men, elected for the
present year, have presented their petition to the Legislature, suggesting
several of the matters herein before recited, and further suggesting, that
no deeds of partition or other conveyances, having ever passed between
the several persons interested in the said patent, for vesting in them in
severalty, the several allotments which on the said several partitions fell
to their shares respectively, and the said book, and correspondent pos-
session, being the only evidence of the said several partitions, the
petitioners were advised, that the said several partitions were therefore
materially defective in law ; and farther suggesting that no controversy
had as yet arisen between the several persons interested in the said
patent, with respect to their title in severalty to their respective allot-
ments, that the petitioners were nevertheless induced to apply to the
Legislature to conﬁrm the said several partitions, least the interference
of the Legislature after such controversies had arisen, and suits com-
menced in consequence thereof, might appear to favour the claims of
one of the parties in preference to the other, the petitioners did there—
fore, in order to preserve peace among the inhabitants of the said
patent, to promote the improvement and settlement of the same, and
VOL. 2. -— 12.
Id.; peti-
tion to the
legisla-
ture.
90 mm or NEW YORK. [cam 45.
ﬁnally to prevent the injurious litigation to which the petitioners, and
others interested in the said patent would be otherwise exposed ; pray
for a law to conﬁrm the said several partitions.
And whereas the Legislature have taken the said petition into consid-
eration and have thought ﬁt that the prayer thereof should be granted
therefore
Partitions Be it enacted by the People of the State of New Yorh represented in
gfelﬁ‘sfigzn Senate and Assembly and it is hereby enacted by the authority of the same,
ItﬂlllzdaseiiveiThat the said several partitions,‘ mentioned and speciﬁed in the said
men and book, shall be and hereby are ratiﬁed and conﬁrmed ; and that where,
,‘fggfegoglli on either of the said several partitions, any lots or parcels of lands
of min- _ were allotted or fell to or to the respective parts or shares of the
lﬁlg%sli.l'ladtl_ Said several twelve original patentees, in the said Letters Patent
wnﬂrmed- named, the said several twelve original patentees shall be deemed,
and hereby are declared, to have been seized, severally in fee simple of
the said lots or parcels of land respectively, as from and immediately
after the issuing the said Letters Patent, in like manner as if, imme-
diately after the issuing the said letters patent, deeds of partition had
in due form of law, for vesting the same in severalty in fee simple in
the said twelve original patentees respectively,‘ been made and executed
by and between them the said twelve original patentees ; And that where
on either of the said several partitions any lots or parcels of land were
allotted, or fell to, or became the part or share of any person, not being
one of the said twelve original patentees, such person shall be deemed,
and hereby is declared, to have been seized in fee simple, as from and
immediately after such partition, of the lots or parcels of land which
was so allotted or fell to, or became the part or share of such person,
in like manner as if all the other persons, then having a right or interest
in such lot or parcel of land, had, immediately after such partition, by
conveyance made and executed in due form of law, granted, released
and conveyed in fee simple their respective rights and interests, of in or
to such lot or parcel of land, to the person to whom, or to whose part
or share, the same, on such partition was allotted or fell.
Minute And be it further enacted by the authority aforesaid, That it shall and
Eggigglve may be lawful for the surveyor general of this State, and he is hereby
men, required, to retain the said book in his custody, until a convenient time
whereto be . . . r . .
deposited; after the passing of this act, and then, having ﬁrst subscribed a certiﬁ-
‘0106 good cate to be written in the said book, and purporting that the said book
evidence. . . . . .
is the book, meant and intended in and by this act, to deliver the same,
with his proper hand, to the clerk of the county of Ulster, for the time
being, who is hereby authorized and required to receive and deposit the
same in the ofﬁce of the said clerk, there to remain for ever; and that
the said book, or a copy thereof certiﬁed by the clerk of the said county
for the time being, and attested by a credible witness, who shall have
compared the same with the original, shall in all cases be admitted and
received as evidence of the several partitions therein speciﬁed or men-
Proviso. as tioned. Provided always, that this act, nor any clause or thing therein
33,21,831. contained, shall affect or be deemed or construed to affect the right title
grant‘ interest or possession of any person or persons claiming or holding, by
virtue of any other grant or letters patent in anywise howsoever, pro-
Igi-z parti- vided nevertheless that in all controversies between parties claiming under
tions to - - . . .
have same the partition hereby conﬁrmed, and parties claiming under any other
we“ ‘21$ If grants or letters patent this act and the partition hereby conﬁrmed shall
made in _ ’ . . ’
due course be deemed and adjudged to be as good evidence of an estate in sever-
355,115,,“ alty, under the said Paltz-patent, as if such partition had been made,
la
W- according to the course of the common law.
CHAP. EIGHTH SESSION.
91
C‘HAP. 46.
AN ACT establishing and regulating ferries across the East
river, between the counties of Queen’s and Westchester.
PASSED the 31st of March, 1785.
Be it enacted hy the People of the State of New York, represented in
Senate and Assenzhiy, and it is herehy enacted hy the authority of the same,
That it shall and may be lawful for Richard Sands of Cow-Neck in
Queen’s county, his heirs executors and administrators, to set up, keep
and maintain a ferry across the East river, from such place on the lands
of the said Richard Sands near Sands’s Point at Cow-Neck aforesaid, as
shall be most convenient for the purpose for and during the term of
seven years from the time of the passing of this act. '
And be it further enacted hy the authority aforesaid, That it shall
and may be lawful for the justice or justices of the peace resident in the
several townships of Oysterbay in Queen’s county and New Rochelle
in Westchester county, and the overseers of the poor of the said respec-
tive townships, or amajority of them, to lease for any term not less
than four nor exceeding seven years, the right and priviledge of setting
up, keeping and maintaining a ferry from their respective townships
across the East-river, to such landing places in the said two counties as
are herein aftermentioned; that is to say, that the ferry-boat from the
township to Oysterbay shall and may land at such dock or landing-place
in the township of Rye in Westchester county, as the ferry in the said
township of Rye shall or may by law, be kept; and that the ferry-boat
from the said township of Rye shall and may land at such dock or land-
ing-place in the said township of Oysterbay, as the ferry in the said
township of Oysterbay shall by virtue of this act, be kept; that the
ferry-boat which shall be kept by the before-mentioned Richard Sands,
his heirs executors or administrators, shall and may land at such dock
or landing-place inthe township of New Rochelle, as the ferry in the
said township of New Rochelle shall by virtue of this act, be kept; and
that the ferry-boat from the said township of New Rochelle shall and
may land at such dock or landing-place at Cow-Neck aforesaid, as the
said Richard Sands his heirs executors or administrators, shall erect and
keep, as is herein aftermentioned. And that it shall and may be law-
ful for the justice or justices of the peace resident in the several town-
ships of Oysterbay and New Rochelle, and the overseers of the poor of
the said respective townships, or a majority of them, to lease for any
term not less than four nor exceeding seven years, to such person or
persons and at such yearly rent, as they shall deem proper, the right and
priviledge of setting up, keeping and maintaining a ferry across the
East-river to and from the respective townships before mentioned; and
the rent to be reserved as aforesaid, shall be applied towards the main-
tenance and support of the poor of the respective townships aforesaid.
And he it further enacted hy the authority aforesaid, That the said
Richard Sands, his heirs executors and administrators, shall, if he or
they Shall set up a ferry by virtue of this act, erect a convenient dock
or landing-place on such part of the lands of the said Richard Sands
near Sands’s Point at Cow-Neck aforesaid, as shall be most suitable for
the purpose; and shall by writing under hand and seal, covenant and
agree with the overseers of the poor of the township of North-Hamp-
stead in Queen’s county, for the time being, that he the said Richard
Richard
Sands au-
th orized to
maintain a
ferry across
the East
river at
Cow Neck.
Ferries at
Oyster Bay
and New
Rochelle;
franchise
how
granted.
Richard
Sands
conditions
to be ful-
ﬁlled.
LAWS OF NEW YORK. [CHAP. 46.
Oyster Bay
and ew
Rochelle,
conditions
of fran-
chise for
ferry.
Rate of
ferriage .
Penalty
for exact-
ing exces-
sive fer-
riage.
Proviso, as
to boat
owners.
Penalty for
unauthor-
ized fer-
riage.
Sands his heirs executors and administrators shall and will keep and
maintain a good and sufﬁcient ferry, and will not take or receive nor
suffer to be taken or received any greater price or rate of ferriage than
are herein after allowed to be received or taken, and shall also pay to
the overseers of the poor of the township of North-Hampstead for the
time being, for the use of the poor of the said township, such annual
rents as shall previously be agreed on by and between the said overseers
of the poor for the time being, and the said Richard Sands. And that
the justice or justices of the peace resident in the said several townships
of Oysterb‘ay and New Rochelle, and the overseers of the poor of the
said respective townships, for the time being, or a majority of them, in
the leases to be by them respectively made, shall covenant and agree
with the person or persons to whom they shall respectively lease the
right and priviledge of setting up and keeping a ferry as aforesaid, that
such person or persons, shall during the term of his or their said lease,
keep support and maintain a sufﬁcient ferry-boat, ready at all reasonable
times and seasons, to carry and transport the persons and articles fol-
lowing and at the rates following, that is to say; from the township of
Oysterbay to the township of Rye, and from the township of Rye to the
township of Oysterbay, for each man and horse, six shillings; for a foot
passenger if one only, three shillings; if more than one then each, two
shillings; for a horse and chair with travellers, eight shillings; for every
head of neat cattle, two shillings; for every sheep, calf or hog, six pence;
for a sled and two horses, with travellers, ten shillings, for a sled and
one horse with travellers, eight shillings; and so in proportion for other
things; and from the ferry to be kept by the said Richard Sands his
heirs executors or administrators, to the township of New Rochelle, and
from the township of New Rochelle to the place at which the ferry shall
be kept by the said Richard Sands, his heirs, executors or administrat-
ors, for the persons and articles before enumerated at and after the rate
of one third less than is before afﬁxed as the rates or prices of ferriage
for such articles and persons.
And be it further erzaeted hy the authority aforesaid, That if the above
mentioned Richard Sands, his heirs, executors or administrators, or any
ferry-man or person employed by him or them, or any other person or
persons whatsoever to whom the right and priviledge of setting up and
keeping a ferry shall be granted in pursuance of this act, or the ferry-
man, or person employed by them respectively, shall take exact or
receive any greater or higher rates for transporting persons, goods and
chattles or other things whatsoever, than are herein before limitted and
established; he or they, or any of them, so offending, shall forfeit and
pay for every such offence, the sum of twenty shillings; to be recovered
in any court within this State, having cognizance thereof, by any person
who shall sue for the same. Provided always, that nothing herein before
contained, shall be construed to exclude any person or persons living
or inhabiting on the shores of the said East river within the counties of
Queen’s and Westchester, from the right of carrying and transporting
themselves and their goods and chattles respectively in their own boats
without paying any rate of ferriage.
And he it further ehaetea hy the authority aforesaid, That if any person
or persons shall set up, keep or maintain a ferry, or shall carry or trans-
port any person, goods or chattles for hire or pay, across the East-river
between the said counties of Queen's and Westchester, other than such
person or persons as shall be authorized to set up and keep a ferry in
pursuance of this act, and other than such person or persons as shall
keep and maintain a ferry across the aforesaid river, by virtue of any
CHAP- 47.] EIGHTH sEssIoN. 93
patent or charter-right heretofore granted for the purpose and not since
annulled or vacated; such person or persons shall for every Such offence,
forfeit and pay the sum of two pounds, to be recovered in any court
within this State, having cognizance thereof, by any person who shall
sue for the same.
And ﬁe it fzcrt/zer enacted ﬁy tlze ant/zority aforesaid, That at the expi- Cow Neck
ration of the term hereby granted to the said Richard Sands his heirs executors and administrators for setting up and keeping a ferry in the giggﬁgira-
manner aforesaid; or if the said Richard Sands, his heirs executors or right of
administrators shall sooner decline neglect or refuse to keep and main- lbgggifd
tain such ferry, it shall then be lawful for the justice or justices of the
peace resident in the aforesaid township of North-Hampstead and the
overseers of the poor of the said township, or a majority of them, to
lease the right and priviledge of setting up and keeping a ferry from
the said township of North-Hampstead to the township of New Rochelle,_
in like manner and under the same rules and regulations, as are herein
before prescribed for the townships of Oysterbay and New Rochelle.
Provided always, that nothing in this act contained shall be deemed or Proviso, as
construed to extend to or affect any ferry or ferries now kept to the $583368
westward of the township of Flushing in Queen’s county, or to the Iqel'taih
westward of Frog’s Neck in VVestchester county; any thing herein before Imus‘
contained notwithstanding.
oHAP. 47.
AN ACT for the punishment of persons, who shall in the city
and county of New York, by false pretences obtain any monies
goods, wares or merchandize from any person, with intent to
cheat or defraud such person.
PASSED the 3Ist of March, I785.
WHEREAS evil-disposed persons do frequently go to shops and stores Preamble.
in the city of New York, and purchase or take up goods, wares and
merchandize of various kinds, in the name of other’ persons without
their knowledge or consent. -
Be it enacted ﬁy t/ze People of the State of New Yor/e represented in Obtaining
Senate and Assenzﬁly, and it is ﬁereﬁy enacted ﬁy t/ce autﬁority of tﬁe same, $221,121
That any person who, from and after the passing of this act, shall tensesnm
knowingly and designedly, by false pretence or pretences, obtain from oﬂense'
any person or persons, any monies goods, wares or merchandize or other
effects whatsoever, with intent to cheat or defraud such person or per-
sons of the same, shall be deemed an offender against this act, and shall
be punished in manner hereinafter directed.
And ﬁe it fnrtﬁer enacted ﬁy t/ze aut/zority aforesaid, That the mayor, oﬂenders,
recorder or either of the Aldermen of the city of New York, upon any how appre'
. . . . bended,
person’s being charged on oath, with having committed an offence tried and
against this act, shall and may issue a warrant for the apprehending $713,553,111
such offender. And in case any person so charged as aforesaid, and not give"-
being apprehended, shall not forthwith give good and sufﬁcient bail for
his or her appearance at the then next general quarter-sessions of the
peace to be held for the said city and county of New York, then and
there to answer the offence or offences wherewith he or she shall be
charged, such person so charged shall be committed to the common
gaol of the said city and county: And in case any person shall be so
committed, and being kept in the said gaol for the space of forty eight
94
LAWS OF NEW YORK. [CHAR 48.
Id.; when
bail
given; trial
and pun-
ishment.
Right of
civil action
preserved.
John
Thomp-
son, cer-
tain for—
feited
lands of
William
Bayard to
be granted
to; condi-
tions.
hours, from and after such commitment, shall not give such good and
sufﬁcient bail for his or her appearance at the then next general quarter
sessions of the peace, to be held for the said city and county of New
York, then and there to answer for the offence or offences wherewith
he or she shall be charged; then, and in such case, it shall and may be
lawful for the mayor, recorder and aldermen of the city of New York
for the time being, or any three of them, whereof the mayor or recorder
to be one, forthwith to hear and determine the offence or offences com-
mitted by such offender as aforesaid : and the said offender being con—
victed by confession on the oath of one or more credible witness or
witnesses, the said mayor, recorder and aldermen or the major part of
them, and if only three appear, any two of them agreeing, are hereby
authorized to give judgment against the said offender so convicted as
aforesaid, to have and receive such corporal punishment (not extending
to life or limb or exceeding thirty-nine lashes) as they in their discretion
shall think proper; or to commit such offender to Bridewell pursuant
to an act passed at this present meeting of the Legislature, entitled “An
act for the more easy assessment of taxes, for prolonging the court of
general sessions of the peace, altering the mode of punishment in cer-
tain cases of petit larceny in the city and county of New-York and for
the conﬁnement of vagrants and common prostitutes to hard labor; ”
and after such offender or offenders shall have received such punish-
ment, he or she shall be immediately discharged without paying any fees.
And be it enacted by the authority aforesaid, That in case any person,
who shall be charged with an offence by this act intended to be pun-
ished, and being apprehended for the same, shall within the time allowed
by this act for that purpose, give good and sufﬁcient bail for his or her
appearance at the then next general quarter sessions of the peace, to be
held for the said city and county, then and there to answer the offence
or offences, he or she shall be charged with ; then and in such case, the
said sessions shall take cognizance of the same, and on such offender or
offenders being indicted and convicted, shall give such judgment as the
said mayor, recorder and aldermen might have given in case the said
offender had been tried and convicted by them as before mentioned
which said judgment, the said court is to cause to be put in execution
in like manner as the judgment of'the mayor, recorder and aldermen
is directed to be executed: and after the offender shall have received
his or her punishment, he or she shall be immediately discharged as
aforesaid. Saving, nevertheless, to the person or persons injured by
such deceit, such remedy by suit at law, for the same monies goods,
wares, merchandize or effects so fraudulently obtained, as he or she
might have had if this act had never been made ; any thing in the same
contained to the contrary in any wise notwithstanding.
CHAP. 48.
AN ACT for the relief of John Thompson.
PASSED the 31st of March, 1785.
Be it enacted by the People of the State of New Yorh represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That it shall and may be lawful for the commissioners of forfeitures of
the southern district of this State to give John Thompson of the city
of New York merchant the preemption of the estate late of William
CHAP. 49.] EIGHTH SESSION. 95
Bayard in a house and lot or toft of ground in Queen street in the city
of New York forfeited to the people of this State by the attainder of
the said William Bayard and now in the occupation of the said John
Thompson and that the value of the said house and lot or toft of
ground shall be ascertained by the said commissioners provided that
the said John Thompson applies for the purchase thereof within one
month after the passing of this act, that upon payment of the sum in
gold, or silver, or bills of the new emission only at which the said house
and lot or toft of ground shall be appraised it shall be lawful for the
said commissioners to convey to the said John Thompson all the right
of the people of this State to the said house and lot or toft of ground
which accrued by the attainder of the said William Bayard in like man-
ner as they are directed to convey other forfeited property. That in
case the sum at which the said house and lot or toft of ground shall be
purchased shall not be paid in gold orv silver or bills of the new emission
only to the said commissioners within thirty days after such purchase
shall have been made the said commissioners shall proceed to sell the
said house and lot or toft of ground as they might have done before the
passing of this act and out of the monies arising from such sale to pay
to the said John Thompson such sum as he shall have advanced for
necessary repairs of the said house since the ﬁrst day of December one
thousand seven hundred and eighty three.
CHAP. 49.
AN ACT to amend an act entitled “An act for the speedy sale
of the conﬁscated and forfeited estates within this State, and
for other purposes therein-mentioned,” passed the 12th of May,
1784. ,
PASSED the 31st of March, 1785.
WHEREAS by the seventh section of the above said act entitled “An Preamble;
act for the speedy sale of the conﬁscated and forfeited estates within gfeté’tgig‘
this State, and for other purposes therein mentioned,” it is required, purchasers
that whenever the commissioners of forfeitures shall make sale of any 3:11:33-
lands, tenements or hereditaments, by public vendue or private sale, the estates-
person or persons to whom such sale be made, shall immediately pay
unto the said commissioner or commissioners, one third part of the pur-
chase money, and the remaining sum due, on or before the ﬁrst day of
June in the year one thousand seven hundred and eighty ﬁve; and it
appears that the aforesaid time of payment, may in many instances
prove too short and inconvenient.
Be it enacted by the People of the State of New Yorh, represented in Sen- ()nathird
ate and Assemhly, and it is herehy enacted hy the authority of the same, part of
That in all sales of forfeited estates to be made by the commissioners $52???)
of forfeitures, to any person or persons whatever, after the passing of 2,312,?“
this act, such person or persons so purchasing shall immediately pay to #131-
the said commissioner or commissioners, one third part of the purchase nine '
money, and the remaining sum due, within nine months from the time months’
of such sale.
And he it further enacted hy the authorini aforesaid, That with respect Preemp-
on such tenants on lands, who would by law be entitled to the pre- “0" by
. . . . . . . _ tenants.
cmpt1on of the right of $011 in the lands in their possession respectively, '
96
LAWS OF NEW YORK. [CHAR 50.
Proviso:
time for
preemp-
tion lim—
ited.
Id.; gold
or silver
only to be
received.
Bonds
to be
given for
balance of
purchase
money,
not paid at
time of
sale; pro-
ceedings
to enforce
bonds.
Preamble;
the execu-
tors of the
estate of
Benjamin
Moore,
senior,
deceased,
have gone
over to the
enemy.
on an appraisement in the usual manner, if they could obtain the requis-
ite certiﬁcate, they shall nevertheless be entitled to such pre-emption,
notwithstanding such tenants shall not produce such certiﬁcate: pro-
vided such tenants shall apply to the commissioners, to have the bene—
ﬁt hereby intended, within four months after the passing of this act:
audproz/ided also that such tenants shall not be permitted to make any
payments for the lands purchased by them on such appraisement, in
paper currency or in public securities; but shall make the whole of the
payments, in gold or silver only: and in the cases of such tenants, the
residue of the purchase money, after the ﬁrst payment, shall be deemed
to bear an interest at the rate of seven per cent per annum, from the
date of the conveyance from the commissioners.
And for the better securing the payment in all cases, of the residue
of the said purchase money,
. Be it further erzaeted hy the authority aforesaid, That on the. delivery
of the conveyance by the commissioners, the grantees shall respectively,
execute a bond in the usual form, to the commissioners in their own
name, for the payment of the said residue of the said purchase money,
and the commissioners shall endorse on such bond, a description of the
lands, in payment for which the said bond 'shall have been taken:
and which bond shall contain a warrant of attorney in the usual form,
to confess a judgment thereon. And if default shall be made in the
payment of the principal sum speciﬁed in the condition of such bond
with the interest thereof, in cases where such principal sum shall be
deemed to bear an interest as herein before mentioned, it shall be the
duty of the commissioners, to cause a judgment to be entred up on
such bonds in the inferior court of common pleas of the county where
the lands, in payment for which such bond shall have been given, shall
lie, and to proceed to execution on such judgment, and always in the
ﬁrst instance, by ﬁeri facias: and all conveyances or mortgages, made or
executed by the said obligors respectively, of the said lands conveyed to
them, and all judgments against the said obligors after the conveyance
to them from the commissioners, and before the whole of the monies
made payable by the said bonds respectively, shall be paid and satisﬁed,
as far forth as such conveyances, mortgages or judgments, may tend
to delay or defeat the payment of the said monies, shall be deemed and
hereby are declared to be fraudulent and void. '
CHAP. 50.
AN ACT vesting the real estate of Benjamin Moore Senr late
of the city of New York sailmaker deceased in trustees for the
payment of his debts and for other purposes therein mentioned.
PASSED the 31st of March, 1785.
WHEREAS the aforesaid Benjamin Moore Senr at the time of his death
was seised of a considerable real estate in the city of New York, which
by his last will and testament he authorized and empowered his execu-
tors and the survivors and survivor of them and the executors and admin-
istrators of such survivor to sell and dispose of for payment of his just
debts and to divide the remainder equally among his children and
whereas John Moore the only surviving executor of the last will and
testament aforesaid and one of the children and devisees of the said
CHAP. 50.] EIGHTH SESSION. . 97
Benjamin Moore Senr deceased hath departed from this State together
with the widow and child of Benjamin Moore junr deceased one other
of the said children and devisees and w/zereas it hath been represented
to the Legislature on the part and behalf of the other children and
devisees of the said Benjamin Moore Senr deceased, that the aforesaid
john Moore and Benjamin Moore junr having gone over to the enemy
during the late war had possession of the said estate and either occupied
the same or received the rent’s and proﬁts thereof to their own use
leaving the debts of the said Benjamin Moore Senr unpaid, and his will
unperformed and that the interposition of the Legislature has become
necessary to invest the said estate in certain trustees who may account
with the said john Moore and the representatives of the said Benjamin
Moore junr and sell the same estate for payment of the testators debts
and the performance of his last will and testament.
Be it enacted ﬁy t/ze People of t/ze State of New Yor/e represented in
Senate and Assenzﬁly, and it is lzereﬁy enacted ﬁy t/ze ant/zority of t/ze sanze, _
That all and sin ular the r al tat wh r r and whatsoever of the Estate-
g e es e e esoeve vested“;
said Benjamin Moore Senr deceased within this State shall be and it is ‘51' ustees
. . . . . for the
hereby vested in fee simple in William Goforth james Beekman and purposes
Archibald Currie as joint tenants and their heirs in trust that they the $211,215:
said William Goforth james Beekman and Archibald Currie and the
survivors and survivor of them shall sell and dispose of the same estate
and every part and parcel thereof to the best advantage with in two
years from the passing of this act, and apply the purchase money or
produce thereof in the ﬁrst place to paying the just debts of the said
Benjamin Moore Senr deceased in such course and order as the same
would be payable according to the regular course of administati'on and
if there shall be any overplus after payment of such- debts then in trust
to distribute the same to and among the children of the said Benjamin
Moore Senr and their lawfull representatives according to his last will
and testament.
And ﬁe it furt/zer enacted ﬁy t/ze antﬁority aforesaid, That the said Trustees
trustees or survivors or survivor of them shall within thirty day’s after to sum‘
. . . . . mon the
the passing of this act cause an advertisement to be published in two or absent
more of the public new’s paper’s printed in the city of New York and 252323,‘?
to be continued in the same papers at least eight weeks successively counting-
once in each week thereby requiring the aforesaid john Moore and the -
executors or administrators of the said Benjamin Moore‘ junr to account
with them the said trustees or the survivors or survivor of them at the
expiration of six calender months from the date of such advertisement
for the use and occupation of the said estate and the rents and proﬁts
thereof by them the said john Moore and Benjamin Moore junr and
each of them at any time before had taken or received.
And ﬁe it fnrtﬁer enacted ﬁy t/ze ant/zority aforesaid, That the said Trustees,
trustees or the survivors or survivor of them shall at the expiration of the said six months proceed to take an account of such sums as shall appear from no-
to be due from or chargeable to or against the said john Moore and the 21,05,332,
representatives of the said Benjamin junr respectively on account of the Plioﬁesg
use and occupation of the said estate and the rents and proﬁts thereof, counting.
by them the said john Moore and Benjamin Moore junr and each of
them so as aforesaid had taken or received which account shall be made
up in the presence of the Said john Moore and the executors or adminis-
trators of the said Benjamin Moore junr if they think proper to attend
and upon the examination of such papers documents and witnesses as
they the said trustees shall deem necessary; and upon such account the
said sums due or chargeable as aforesaid shall be debited to the said
VoL. 2. -— I3
98 , LAws OF NEW YORK. [CHAR 51.
John Moore and the representatives of the said Benjamin Moore Junr
respectively and they shall be entitled to receive from the said trustees
no more of the purchase money or produce of the said estate then what
after such debits will make their respective shares of the said estate
equal with those of the other children and devisees of the said Benja-
min Moore Senr deceased.
glrustees to And be it further enacted by the authority aforesaid, That the said
ebondin _ -_ - - - - ~ -
Chancery trustees Shall before they exercise any of the powers to them hereby
given, ﬁle in the Court of Chancery a bond in such penalty and to such
person or persons as the chancellor shall think ﬁt, conditioned for the
faithful discharge of the trust and powers in them hereby vested and to
render an account of the said estate when thereunto required.
iigivipeeiatlé And be it further enacted by the authority aforesaid That the said
trustees to trustees or the survivors or survivor of them shall make a ﬁnal settle-
Ogmylete ment of their said trust within two years and three months from the
t ei . .
duties, passing of this act.
CHAP. 51.
AN ACT enabling the sheriff and other peace ofﬁcers of Dutch-
esscounty to imprison and conﬁne certain debtors and crimi-
nals in the gaol of Ulster county.
PASSED the 4th of April, 1785.
Preamble; WHEREAS the gaol of the county of Dutchess was lately destroyed by
Dutchess ' ' - -
county ﬁre, and it is necessary that the legislature should interpose and make
jail de- b some provision for the conﬁnement as well of criminals as of such
it?“ y debtors who shall not or cannot give bail to civil process. Therefore——
Sheriff of Be it enacted by the People of the State of New Yorh, represented in
281332;“ Senate and Assembly, and it is hereby enacted by the authority of the same,
may con- That the sheriff and other peace ofﬁcers of the county of Dutchess shall
232,215‘;— and may imprison and conﬁne in the gaol .of Ulster county all and every
gift?’ criminal and criminals, debtor and debtors which the said sheriff or any
jail. 3 other of the peace ofﬁcers of the said county of Dutchess lawfully
might or could have imprisoned and conﬁned in the gaol of the said
county in case the same had not been consumed by ﬁre as aforesaid.
Room in And be it further enacted by the authority aforesaid, That the sheriff
{,geaJsaiﬂto of the county of Ulster aforesaid, shall permit the sheriff and other
signed by peace ofﬁcers of the county of Dutchess to imprison and conﬁne such
ﬂrstiudge ' ' l d debtors in such one of the rooms of the said a l f
of Ulster criminas an g o 0
County- Ulster county as the ﬁrst judge of the inferior court of common pleas
of the said county of Ulster, or in case of his death any one other of
the judges of the said court shall assign for that purpose; and the said
judge to whom application shall be made by the said sheriff of Dutchess
for the purpose aforesaid shall and is hereby required immediately upon
such application to assign such room as aforesaid.
Imprison- And be it further enacted by the authority aforesaid That the imprison-
3631,13? ment or conﬁnement of all such criminals as aforesaid shall be at the
Dutchess charge and costs of the county of Dutchess aforesaid; and that all
iiislitncif’ debtors and criminals imprisoned or conﬁned as aforesaid shall be
sheriﬂ" deemed to be imprisoned and conﬁned at the risque of the sheriff of
Dutchess county aforesaid who shall be accountable for escapes in like
manner, as other sheriffs of any other of the counties of this State.
CHAP. 52.] EIGHTH SESSION.
99
CHAP. 52.
AN ACT to grant to Isaac Van Wyck, and others an exclusive
right of keeping stage waggons on the east side of Hudsons
river between the cities of New York and Albany for the term
of ten years.
PAssED the 4th of April, 1785.
WHEREAS Isaac Van Wyck, Talmage Hall and John Kinney have, by
their petition prayed that on account of the great expence and labour
attending the undertaking, an exclusive right of carrying on a stage
from the cities of New York and Albany might be granted them for the
term of ten years. _
And whereas the erecting a stage as aforesaid will tend to promote
the ease and beneﬁt of the people of this State.
Be it enacted hy the People of the State of 1V cw Yorh 7'6’]§7£’SL’722‘6(Z7 in Sen-
ate and Assenzhly and it is herehy enacted hy the authority of the same, That
the said Isaac Van \Vyck, Talmage Hall and John Kinney, and their
respective executors administrators and assigns, shall have hold possess
and enjoy and are hereby given granted and allowed the sole and exclu-
sive right, liberty and permission for the term of ten years, the same to
commence on the ﬁrst day of June next to erect set up carry on and
drive at all time and times hereafter during the term aforesaid all and
every such stage Waggon or waggons from the said cities of New York
.and Albany respectively to the other on the east side of Hudsons river
as they may judge sufﬁcient for the purpose of accommodating such a
number of passingers as may from time to time apply, and that it shall
not be lawful for nor shall any other person or persons upon any pre-
tence whatever presume during the term aforesaid to erect set up carry
on or drive any stage waggon or waggons or any other carriage or
carriages for the like purpose from the said cities respectively under the
penalty of two hundred pounds to be recovered by any person or per-
sons who shall prosecute for the same together with costs in any court
of record having cognizance of the same.
And he it further enacted hy the authority aforesaid That the said Isaac
Van Wyck Talmage Hall and John Kinney their executors administra-
tors and assigns shall furnish and provide at least two good and sufﬁcient
covered stage waggons to be drawn each by four able horses, for the
purposes aforesaid. And that the price for each and every passenger
therein shall not exceed four pence per mile including the liberty of
carrying fourteen pounds weight of baggage: that for every one hun-
dred and ﬁfty pounds weight of baggage a like sum of four pence per
mile shall be paid for the same; and so in like proportion for every
greater or less quantity. And that such stage Waggon or waggons shall
proceed at least once in every week during the said term of ten years
on the passage or journey aforesaid from the respective cities aforesaid,
unless the same are prevented by the badness of the roads or some
uncommon accident, provided always that in case the said Isaac Van
Wyck, Talmage Hall and John Kinney their executors administrators
or assigns shall neglect or refuse to do and perform the duties aforesaid
according to the true intent and meaning of this act, that in such case
this act shall cease and be null and void.
Preamble. _
Isaac Van
Wyek and
others
given sole
right of
running a
stage be-
tween New
York and
Albany on
the east
side of the
river; pen-
alty for in—
fringe-
ment of
their
rights by
others.
‘.0.
O
.0
'00
QDUPO
Q.
G
b‘...
Q
I
Q
0
Q
l‘
Two stages
to be kept;
rates for
passen-
gers and
baggage;
frequency
of trips.
100
LAWS OF NEW YORK. [CHAR 54-
Treasurer
to pay sum
speciﬁed
into the
treasury of
the United
States;
part in
Specie and next the three fourth
part in cer-
tiﬁcates.
Hawking
and ped-
dllng pro-
hibited;
penalt
Y.
CHAP. 53.
AN ACT directing the treasurer of this State, to pay into the
treasury of the United States 147,734 9~90 dollars.
PASSED the 4th of April, 1785.
Be it enacted hy the People of the State of New Yorh represented in
Senate and Assenzhly, and it is herehy enacted hy the authority of the sauce,
That the treasurer of this State be and he is hereby required to pay into
the treasury of the United States, out of any monies which may be in
the treasury of this State unappropriated after the ﬁrst day of May
parts of one hundred and forty seven thousand,
seven’ hundred and thirty-four dollars, and nine ninetieths of a dollar
in specie, amounting to one hundred and ten thousand and eight hun-
dred dollars and ﬁfty-one ninetieths of a dollar, and the one fourth
part of the said sum of one hundred and forty seven thousand seven
hundred and thirty-four. dollars and nine ninetieths of a dollar, amount-
ing to thirty six thousand, nine hundred and thirty-three dollars, and
forty-eight ninetieths of a dollar, in certiﬁcates, agreable to the requisi-
tions of the United States in Congress assembled by their acts of the
twenty seventh and twenty-eighth of April, one thousand seven hun-
dred and eighty-four, and to charge the same to the United States: And
the treasurer of this State is hereby required from time to time to trans-
mit to the Continental Loan ofﬁce within this State, all such loan ofﬁce
certiﬁcates, issued out of the said loan ofﬁce, as now are or shall from
time to time come into his hands, and all other certiﬁcates of liquidated
debts of the United States, which by any law of this State, are, or may
be made receivable into the treasury, and to have the interest due
thereon settled and certiﬁed to the last day of the year one thousand
seven hundred and eighty-two, and to obtain from the loan-ofﬁcer a
certiﬁcate or certiﬁcates for such interest, agreably to the aforesaid
acts of the United States in Congress assembled, and out of such cer-
tiﬁcates to pay the said sum of thirty six thousand, nine hundred and
‘,thirty three dollars and forty—eight ninetieth parts of a dollar, being
the one fourth part of the abovementioned requisition.
CHAP. 54.
AN ACT to restrain hawkers and pedlars.
.PASSED the 4th of April, 1785.
Be it enacted hy the People of the State of N e'zo Yorh represented in Sen-
ate and Assetnhiy and it is herehy enacted hy the authority of the same,
That from and after the ﬁrst day of july next no person or persons
shall or may use or exercise the profession or calling of a hawker or
pedlar in this State; under the penalty of ﬁve pounds for each offence
to be recovered with costs in any court having cognizance to try the
same; the one half of which said penalty shall go to the person or per-
sons who shall sue and prosecute for the same, and the other half to the
poor hf-‘iliéitbWrr nfianor district or precinct where the offence shall be
002.
‘0.
CHAR. 55.] EIGHTH SESSION. ‘ 101
committed; provided always, that this act shall not be construed to Pggvtisg1 ;
‘ o e-
tdebar any person or_persons from carrying conveying or selling any goods Ea,- person
wares or merchandize-of the growth produce or manufacture of this 22mg?“-
State or of any other of the United States of America; and that all dual? of
suits to be brought for any offence against the true intent and meaning glzgtgsljited
of this act shall be brought within thirty days after the offence shall be
committed.

CHAP. 55. '
AN ACT to enforce the payment of certain monies assessed in
Queens county during the late war.
PASSED the 4th of April, I785.
WHEREAS it hath been represented to the legislature that the justices Preamble;
and vestry in the several late parishes in Queens county did in the ﬁsgfggjggt
course of the war proceed in pursuance of laws of the late colony to forthe
direcn the assessing and raising sums of money for the support of the 85,221,‘;
poor within their respective parishes. That assessments were made and giggly the
delivered to the several collectors. That many persons from motives war. g
of benevolence and humanity readily paid the sums assessed upon them
while others refused and have not yet paid any part of the sums due
from them according to such assessments. That debts were contracted
for supplies furnished to said poor which still remain unpaid. Inorder
therefore that equal justice may be done, and the debts incurred for the
support of the poor aforesaid discharged.
Be it enacted ﬁy t/ze Bea/ﬁle of t/ze State of New York represented in Assess-
Senate and Assenzﬁly and it is ﬁereﬁy enacted ﬁy t/ze azct/cority of t/ze sanze glgllrfisnlf‘
That the supervisors of the several townships in Queens county shall as unpaidmﬁo
soon as conveniently may be after the passing this act deliver copies of 28321316551
the assessments and issue their warrants to the several collectors of their Pliedjloﬁhe
respective townships requiring such collectors to levy and collect such 33%;). t 6
several sums as shall appear to the said supervisors to be due and unpaid
by the Said several persons within their respective townships according
to such assessments as aforesaid made by the justices and vestry of the
parish within which such township then was during the late war. That
the several collectors shall proceed in levying and collecting the several
sums by them to be collected in like manner as is directed in and by
the act entitled “An act for the settlement and relief of the poor”
passed the seventeenth day of April one thousand seven hundred and
eighty four and shall pay the monies so by him to be collected into the
hands of the overseers of the poor of the townships to which such col-
lector shall belong.
And ﬁe it fart/ter enacted ﬁy t/ze antﬁority aforesaid That the supervis- Collectors
ors of the several townships in Queens county aforesaid shall and they are $21,301,221‘?
hereby required to institute suits for monies received to the use of their over mon-
several townships, in any court having cognizance of the same against ﬁt‘gﬂlifct”
any person or persons who did during the late war collect and receive prosecuted
any monies by virtue of any assessment or assessments made by the
justices and vestry of any parish in the said county within which such
township then was and who did not pay such monies into the hands of
the then church wardens of such parish. And the monies so recovered
shall by the said supervisor be paid to the overseers of the poor of the
townships to which such supervisor doth belong.
102 LAWS or NEW YORK. [CHAR 56-
gfvpgséeers And be it further enacted by the authority aforesaid That the over-
p00,.’ seers of the poor of the respective townships aforesaid shall out of the
gully of, in monies to by them received by virtue of this act pay and discharge all
pplyins - -
monies and every sum and sums of money which shall be due and unpaid to
Collemed' any person or persons within such respective townships either for
monies advanced or supplies furnished to or for the use of the poor of
the parish in which such township then was, at any time or times dur-
ing the late war upon such person or‘ persons producing satisfactory
proof, of the justice of his her or their demand; and. the remainder of
the monies (if any there shall be) shall be by them respectively retained
and applied to such further uses as the exigency of the poor of the said
Proviso; township may require. Provided always that nothing in this act contained
as to for - - -
feited shall extend or be construed to authorize, for the satisfaction of any
estates. such tax, the sale of any lands tenements or hereditaments, or of any
personal estate forfeited to or vested in the people of this State by the
attainder or conviction of any person or persons Whomsoever.
CHAP. 56.
AN ACT to vest the United States in Congress assembled with
power to prohibit the importation and exportation of goods
wares and merchandize, agreably to their act of the 30th of
April 1784. ‘
PASSED the 4th of April, 1785.
Congress Be it enacted by the People of the State of New Y orh, represented in
[,“,%[’,1;F;,;,_ Senate and Assembly, and it is hereby enacted by the authority of the same,
pggggtyith That the United States in Congress assembled be, and they hereby are
states, vested for the term of ﬁfteen years with power to prohibit any goods
22255611" wares or merchandize from being imported into or exported from any
y . . . .
exists. of the United States, in vessels belonging to or navigated by the sub.-
jects of any power with whom these States shall not have formed treaties
of commerce, and also with power of prohibiting the subjects of any
foreign state kingdom or empire, unless authorized by treaty, from
importing into the United States, any goods wares or merchandize,
which are not the produce or manufacture of the dominions of the
Proviso. sovereign whose subjects they are. Provided that to all acts of the
33:50?” United States in Congress assembled in pursuanceof the above powers
nine States granted to them, the assent of nine States shall be necessary, and pro-
vided also, that this act shall not take effect or be binding on this State
until the different legislatures in the several States, shall have vested
the United States in Congress assembled with similar powers. And’
$38218; provided also, that nothing in this act contained, shall be construed to»
dutiesshau enable Congress to raise or collect any revenue or duties within this
belald by State without the sanction of the legislature, any thing in this act con-
Congress. . . .
tained to the contrary thereof notwithstanding.
CHAP. 5a] EIGHTH SESSION. 103
GHAP. 57.
AN ACT for granting certain privileges to the township of
Platsburgh.
PASSED the 4th of April, 1785.
Be it enacted hy the People of the State of New York, represented in Plattsburg,
Senate and Assenzhly, and it is herehy enacted hy the authority of the same, 6322,2605"
That the several tracts of patented lands, lying on the west side of Lake
Champlain, at a place called Cumberland Bay and Cumberland Head
in Washington county, bounded north by Beekmans patent, west by
unpattented lands, south by unpattented lands and a tract of land
granted to Peter Stuart, and east by Lake Champlain, be, and the same
are hereby made one township by the name of Platsburgh.
And he it enacted hy the authority aforesaid, That the freeholders and Freehold-
inhabitants of the said town of Platsburgh, shall be and hereby are 353,133,,
vested with power to chuse annually a supervisor, assessors, town clerk, Karim _
collector, commissioners for laying out high-ways, overseers for keeping 30.53%“.
in repair high-ways, overseers of the poor, fence viewers and pound- jugs"
master. And the freeholders and inhabitants of the said township shall
meet together on the third Tuesday in June next, at the house of Charles
Platt in the said township, and then and there, by plurality of voices,
elect the town ofﬁcers above named, to continue in ofﬁce until the ﬁrst
Tuesday in April then next following, at which day a new election for
town ofﬁcers shall take place, and the election thereafter for town ofﬁ-
cers, shall be held annually in the said township on the ﬁrst Tuesday in
April at the place abovenamed, until such time as a majority of the
freeholders and inhabitants thereof at any such meeting, shall agree
upon some other place of meeting for the following year; and then such
place so to be agreed upon, Shall be the place of annual meeting for the
purposes aforesaid, until the same shall be altered in manner as aforesaid.
And he it enacted hy the authority aforesaid, T hat- it shall and may be Zephaniah
lawful for Zephaniah Platt Esquire and ~his associates to take as much Egg‘gizig'to
ore out of the iron ore-bed on the west Side of Lake Champlain near take or‘; t
Crown Point, and reserved to the people of this State, as they shall have {.ﬁiegggpleo
occation to manufacture in the said township for a term not exceeding giatthe
ten years, on Such conditions as the commissioners appointed by the act
entitled “An act for granting certain lands promised to be given as
bounty lands by the laws of this State and for other purposestherein
mentioned passed the 11th of May 1784,” shall deem expedient.
6.
CHAP. 58.
AN ACT supplementary to the act entitled “ An act to empower
justices of the peace, mayors, recorders and aldermen to try
causes to the value of ten pounds and under, and to repeal
sundry acts therein mentioned,” passed 11th of April 1782.
PASSED the 4th of April, 1785.
Be it enacted hy the People of the State of New York rejoresented in Writs of
Senate and Assenzhly, and it is herehy enacted hy the authority of the same gglj‘t’iroigg
That no writ of certiorari or writ of error, which after the passing of to review
this act, Shall issue out of the Supreme Court of this State, in any suit,
104
LAWS OF NEW YORK. [CHAR 58.
ferior local
courts.
Proviso;
as to issu-
ance of ex—
ecution
where writ
of error or
certiorari
served.
Double
costs al-
lowed
where
writ of
error or
certiorari
dismissed.
Magis-
trates not
to try suits
in taverns;
' done,
judgment
void.
Persons
prosecut—
ing or de-
fendingr to
be sworn
as to com-
pensation.
Defendant
barred of
all counter
claims, if
not set up
in defense.
Proviso:
where bal-
ance ex-
ceeds ten
pounds.
Adj our-m
ments,
where
material
witness
absent.
or action, wherein a ﬁnal judgment shall have been given by any magis-
trate by virtue of the act entitled “An act to empower justices of the
peace mayors recorders and aldermen to try causes to the value of ten
pounds and under and to repeal sundry acts therein mentioned ” passed
11th of April 1782, shall be deemed sufﬁcient to stay execution in such
suit or action; any law usage or custom to the contrary hereof in any
wise notwithstanding. Bro'oided always, that no execution on any such
judgment as aforesaid shall issue after such magistrate shall have been
served with a certiorari or writ of error, in such suit or action, unless
the party in the suit or action, in whose favour a judgment shall have
been obtained, shall have given such security as may be satisfactory to
the magistrate before whom the suit or action was tryed, to restore the
debt or damages for which such judgment had been obtained, with the
interests and costs, in case where such judgment shall be reversed.
And he it enacted hy the authority aforesaid, That whenever any per—
son or persons shall bring a certiorari or writ of error, on any judg-
ment of a magistrate in any action commenced in pursuance of the said
act, if judgment shall be given in the court of errors against such per-
son or persons, so having brought a certiorari or writ of error, he or
they shall pay to the adverse party, double costs of such suit in error,
to be recovered by execution to be issued out of the said court of errors
for that purpose.
Be it further enacted hy the authority aforesaid, That from and after
the ﬁrst day of May next, it shall not be lawful for any magistrate to
try a suit or action in a tavern by virtue of the aforesaid act. And that
any magistrate offending in the premises shall be deemed and adjudged
guilty of a misdemeanor, and his judgment in such suit or action shall
be void.
And he it further enacted hy the authority aforesaid, That no person
shall be permitted by any magistrate to prosecute defend or plead in
any suit or action to be tried by virtue of the said act unless such per-
son so offering or appearing to prosecute defend or plead as aforesaid
shall previously swear (or if of the people called Quakers afﬁrm) before
such magistrate, that he has not received or taken, nor will directly or
indirectly receive or take any fee or reward for the same.
And he it further enacted hy the authority aforesaid, That in all civil
causes that may be brought in pursuance of the said act after the ﬁrst
day of May next, before any magistrate, if the defendant or defendants
in such suit or action shall neglect or refuse to plead and give in evi-
dence his her or their account or demand, if any, he she or they have
against such plaintiff or plaintiffs, that in all such cases the defendant
or defendants so neglecting or refusing to plead and give in evidence
his her or their account or demand as aforesaid shall forever thereafter
be precluded from having or maintaining any action or actions against
such plaintiff or plaintiffs for the recovery of such account or demand
or any part thereof. Provided always, that where the ballance found to be
due to the defendants, exceeds the sum of ten pounds, that in every
such case, the defendant shall not be precluded or debarred from recov-
ering his account or demand against such plaintiff in any other court of
record having cognizance of the same.
And he it further enacted hy the authority aforesaid, That in case the
defendant shall make oath, or if of the people called Quakers, afﬁrma-
tion, that he cannot for the want of some material evidence and witness
safely proceed to trial, the magistrate shall in that case postpone the
trial for such reasonable time, as will enable the defendant, to procure
such evidence or witness, provided such time shall not exceed three
CHAP. 59.] EIGHTH SESSION.
105
months. And provided also, that such defendant before he shall be Proviso;
entitled to have the trial postponed as aforesaid, shall previously give
sufﬁcient surety, to the said magistrate to appear and answer the said
action, and to pay the debt or damages and costs in case a judgment
shall be given.
CHAP. 59.
AN ACT for giving relief to lessees deprived of the beneﬁt of
their leases during the late war.
PASSED the 5th of April, 1785.
as to surety
in such
case.
WHEREAS divers persons who have held leases for terms of years, preamble;
were by reason of the invasion of the late enemy compelled to abandon 1911865 of
the possession before the terms of such leases were expired, whereby
they were deprived of the use or proﬁts of the houses lands or tene-
ments so leased, and are liable to pay the rents or penalties reserved or
incurred thereby, and some such persons have been prosecuted and put
to expence by reason thereof. Therefore .
Be it enacted ﬁy t/te people of t/ze state of New York represented in
Senate and Assenzﬁly, and it is lzereﬁy enacted ﬁy t/ze ant/tority of t/ze sanze,
That all and every person and persons having taken a lease or leases for
houses lands or tenements before the ﬁfteenth day of September one
thousand seven hundred and seventy six and having been necessiated
to abandon the same by reason of the invasion of the ﬂeets or armies of
the king of Great Britain or his allies, and having not at any time Since
voluntarily put him her or themselves under the protection of the said
ﬂeets or armies until a cessation of hostilities between the United States
of America and the said king of Great Britain and his subjects, shall be
exonerated released and discharged from the payments of such rents or
arrearages of rent or penalties reserved made payable or incurred by
such leases, while he she or they were out of the possession and did not
enjoy the beneﬁt thereof.
And ﬁe it fztrt/zer enacted ﬁy t/te ant/zority aforesaid That in all or
every suit or suits which have been or shall be commenced and prose-
cuted on such lease or leases for rent or arrearages thereof or penalties
which have arisen accrued or been incurred on the same, while he she
or they were out of the possession, and did not enjoy the use or beneﬁt
thereof by reason aforesaid, all and every such person and persons
lessees as aforesaid, who now are or hereafter shall be prosecuted on any
of the said leases, may give this act and the special matter in evidence
in his her or their defence.
And ﬁe it fart/ter enacted ﬁy t/ze ant/zority aforesaid That wheresoever
a judgment has already been obtained on any Such lease as aforesaid,
no execution shall issue until the plaintff or plaintiffs in such suit or
action‘ shall previously have issued a scire facias against the defendant
or defendants in such Suit or action, to shew cause why he or they
should not pay the debt or damages recovered in such suit or action ;
and on which scire facias the defendant may give this act and the
special matter aforesaid in evidence, in manner and form mentioned in
the preceding clause.
And ﬁe it enacted ﬁy t/ze ant/tority aforesaid That the lessors, (and their
legal representative or representatives respectively) shall have the like
remedy against the occupiers their heirs executors or administrators
VOL. 2.—— I4
lands in
possession
of enemy
during
th e war.
Tenants of
suohlands
discharged
of all rents
and pen-
alties.
Actions
for such
rent, how
defended.
No execu-
tion to be
issued un-
til scire
facias is—
sued to de-
fondant
to Show
cause; de-
fondant
may then
interpose
defense
as above.
Lessees to
have same
rights
against
106 LAWS OF NEW YORK. [CHAP. 60.
occupiers respectively of the lands and tenements so by them leased to the said
as owners ' ' ~ '
have lessees, the obJects of this law, as the respective lessees would have had
i’degsg‘elgt durmg the continuance of such leases respectively, '
CHAP. 60'
AN ACT to enable persons to discharge debts due to this State
for monies loaned while this State was a colony.
PASSED the 7th of April, 1785.
Preambgle; WHEREAS sundry persons are still indebted unto this State in conse-
I'DODIBS 116
,onloans quence of loans of money made by the Loan ofﬁcers of the late Colony
{Illl‘aédgtgg’e of New York by virtue of an act entitled “ An act (for emitting the sum
whena, of one hundred and twenty thousand pounds in bills of credit to be
°°1°nY- put out in loan and to appropriate the interest arising thereon to the
payment of the debts of this colony, and toxsu'ch public exigencies as
the circumstances of this colony may from time to time render neces-
sary,” passed the 16th February 1771,
And whereas it would be pro er to ‘receive in payment of_ the monies
due on the mortgages given liy the 'respective persons to whom the
monies were loaned, such certiﬁcate and certiﬁcates as are made receiv-
able on the sale of lands sold by the commissioners of forfeitures at
public vendue by the ﬁfth section of the act entitled “An act for the
speedy sale of the conﬁscated estates within this State and for other
purposes therein mentioned,” passed the 12th May 1784.
Partsof act I. Be 2'! enaez‘ed 15)) the People of ‘the State of New York represem‘ed in
113333133? z‘/ze Senate and Asseozoly, and it is lzereoy marred by the aat/zorz'zfy of the
Icftfslélﬁg-ro_ same That the second and third clauses or the act entitled “ An act for
ceed under the indemniﬁcation and further direction of the Loan ofﬁcers in the
gglaf’peci' several counties in this State,” passed 9th April 1782, be and they are
hereby repealed; and that the respective loan ofﬁcers in the several
counties in this State, and the several persons who may be appointed
loan ofﬁcers, in case of a vacancy of such ofﬁcers, are hereby directed
and required respectively to proceed in transacting and completing the
business required of them in and by an act entitled “An act for emitt-
ing the sum of one hundred and twenty thousand pounds in bills of
credit to be put out on loan, and to appropriate the interest arising
thereon to the payment of the debts of this colony, and to such public
exigencies as the circumstances of this colony may from time -‘to time
render necessary ” passed the 16th of February, 1771.
Loan ofﬁ- 11. And oe z'z‘ furt/zer enaez‘ed oy z‘lze aaZ/zorz'zfy aforesaid That the loan
ofﬁcers of the respective cities and counties within this State and the
account persons who may be appointed to such ofﬁces in case of vacancy are
hereby directed and required to render an account of all their proceed-
ings relative to the duties assigned to them by the act last mentioned
to the mayor recorder and aldermen of the city of New York or the
major part of them, and to the judges of the inferior court of common
pleas in the several counties in this State, or any one or more of them
and the supervisors or the major part of them respectively under oath
whenever required by the said persons to do the same.
MayorE III. And be 2'! further enaez‘ed oy t/ze aat/zorz'zj) aforesaid That the said
ﬁga‘gmk mayor recorder and aldermen of the city New York or the major part
to certify of them, and the said judges and supervisors as before mentioned, shall
CHAP. 60.] EIGHTH SESSION. 107
and they are hereby directed and required to certify the monies due motriliesdue
from the city of New York and counties in this State respectively, to 82...;
the treasurer of this State, on or before the ﬁrst day of October next. treasure"-
IV. And he it enacted hy the authority aforesaid That it shall be law- What mon-
ful for the respective loan ofﬁcers, and the persons, in case of vacancy who may be appointed to those offices, to receive from the respective liolféfsgeived
persons who are or may be indebted unto this State for monies loaned charge of
by virtue of the act aforesaid at any time and place the said loan ofﬁ- {,oya‘tlﬁéng‘ég
cers may appoint for that purpose before the ﬁrst day of October next, Colon of
gold or Silver, or such certiﬁcates as are made receivable on the sale of GW Ork'
lands Sold by the commissioners of forfeitures at public vendue, by the
ﬁfth section of. the before mentioned act passed 12th May 1784; and
that it shall not be lawful for them'to receive any other kind of money
or certiﬁcates in payment or discharge of the monies due as aforesaid.—
Provided always that in case the monies are not paid as aforesaid, on or 51105;???
before the said ﬁrst day of October next, the said loan ofﬁcers shall sell mentstobe
the premises mortgaged for the monies loaned in the respective loan gggtgy
offices, for gold or silver only, and Shall give conveyances for the same, first, 9r
in the mode prescribed in and by the aforesaid act. igeliglggfd.
V. And he it further enacted hy the authority aforesaid That the said Loan 0111-
loan ofﬁcers and persons who may be appointed in case of vacancy of those ofﬁcers respectively, shall pay to the treasurer of this State the Eggzsrglﬂb
monies and certiﬁcates received by them on or before the ﬁrst day of ruary ﬁrst.
February next and in case of neglect or refusal they shall be respect-
ively liable to the penalty of ﬁve hundred pounds to be recovered by
the treasurer of this State in his own name for the use of the people
thereof in an action of debt in any court of record having cognizance
of the same, with costs of suit.
VI. And he it further enacted hy the authority aforesaid That it shall Loﬂntofﬁ-
be lawful for the respective loan ofﬁcers or the persons who have acted 38325.33.
as loan ofﬁcers to pay to the treasurer of this State the monies they
have received in the same species of money received by them, and they species of
shall respectively take an oath, and if of the people called Quakers an 32,221,637 {g
afﬁrmation, well and truly to do the same: And in case of death of any them-
of the loan ofﬁcers or the persons who have acted as loan ofﬁcers
respectively, it shall be lawful for the legal representative or representa-
tives of the said persons to pay the same kind of money that their
respective testators or intestates received, on taking an oath, or if the
people called Quakers an afﬁrmation, that to the best of their knowledge
and belief the said species of money was received by their respective tes-
tators or intestates. Provided that it shall not be lawful for the treasurer
to receive from the said persons respectively any paper money received
by them after the ninth day of April one thousand seven hundred and
eighty two.
VII. And he it further enacted hy the authority aforesaid, That it shall tcigfggglggg
be lawful for the loan ofﬁcers to retain out of the monies and certiﬁcates ofﬁcers.
respectively to be received by them, or the person or persons who may
be appointed to execute these offices at and after the rate of two pounds
ten shillings on every hundred pounds and no more. _
VIII. And he it further enacted hy the authority aforesaid, That in every Qertain
case where lands tenements and hereditaments have been sold since the ninth day of July one thousand seven hundred and seventy six, by any ggrjgi‘zl‘flar'
loan ofﬁcer in the Southern district of this State for default of payment
of money due on loan from any person or persons who left the southern
district of this State by occasion of the invasion of the late enemy, and
remained without the same during the late war, that the said sale or sales
108
LAWS OF NEW YORK.‘ [CHAR 60.
Mayor,
etc. , of
New York
to succeed
to certain
powers.
Interest on
certain
mortgages
abated.
J acobus
Van Zandt
and John
Targe, con-
cerning
loans to.
‘ J ohu Peter
Testar
[exonerated
from oer.-
tain mort-
gages.
Loan ofﬁ-
cers of cer-
tain coun—
ties indem-
niﬁed for
acts speci—
ﬂed.
Proviso;
as to oath
to be made
by them.
Preamble;
robbery of
J eﬂrey
Smith.
loanofﬁcer
fOl‘ Suffolk
county.
shall be null and void, and the said persons respectively may pay the
monies so loaned by them in the money and certiﬁcates made payable
by this act—
IX. And he it farther enacted hy the authority aforesaid, That the
mayor recorder and aldermen of the city of New York or the major
part of them shall have the same powers as are given to the justices and
Vestry of the city of New York in and by the said act passed the 16th
day of February 1771.—
X. And he it further enacted hy the authority aforesaid That any estate
mortgaged to the loan ofﬁcers on which the houses and buildings have
been burned or destroyed in the course of the late W8.1',-tll€ interest due
on any such mortgages by such citizens of this State as have not during
the war resided within the enemies power and lines shall be abated from
the ﬁfteenth day of September one thousand seven hundred and seventy
six, until the nineteenth‘day of April next.—
XI. And he it further enacted hy the authority aforesaid, That jacobus
Van Zandt and john Targe who have offered in payment loan ofﬁce
bills, for the discharge of their respective mortgages in the loan ofﬁce,
be permitted to pay the amount of the sums so by them respectively
offered in the said bills, and that they be discharged from the mortgages
given by them respectively to the amount of the sum so offered in pay-
ment as aforesaid, provided that it shall be proved by the oath of the
said jacobus Van Zandt and john Targe respectively that such bills
were offered in payment as aforesaid before the ninth day of April one
thousand seven hundred and eighty-two.
XII. . And he it further enacted hy the authority aforesaid That john
Peter Testard shall be and is hereby declared to be exonerated and dis-
charged of and from the debts and interest due from him to this State,
as an acknowledgment and compensation for his pay and rations, and
the services he has rendered to the United States; and that the mort-
gages he has given to the loan ofﬁcers for such debts are hereby declared
to'be vacated annulled and discharged.
XIII. And he it further enacted hy the authority aforesaid That the
loan ofﬁcers of the counties of Suffolk Kings Queens and Richmond be
and they are hereby declared indemniﬁed for and on account of having
received in payment for monies due to this State in the year one thou-
sand seven hundred and eighty two and before the ﬁrst day of May one
thousand seven hundred and eighty three the bills of credit emitted and
made receivable in pursuance of the herein before mentioned act, passed
on the sixteenth day of February one thousand seven hundred and sev-
enty one; provided that the loan ofﬁcer or ofﬁcers, or person or persons
acting as loan ofﬁcer or loan ofﬁcers shall declare and subscribe on oath,
or if the people called Quakers on afﬁrmation, that the said money
was well and truly within the time aforesaid received by him or them,
without any favor or affection, and without any previous notice or
knowledge of the act entitled “An act for the indemniﬁcation and fur-
ther direction of the loan ofﬁcers in the several counties within this
State” passed 9th April 1782.
And whereas it is represented to the legislature that jeffrey Smith,
who acted as aloan ofﬁcer of Suffolk county, was robbed of, or had
forcibly taken from him in the year one thousand seven hundred and
eighty three a large sum of money which he had received in pursuance
of the said act passed the sixteenth day of February one thousand seven
hundred and seventy one, and it is deemed unreasonable that he should
sustain the loss occasioned by such robbery. Therefore
CHAP. 61.] EIGHTH SESSION. 109
Be it fart/ter enacted ﬁy t/ze ant/zority aforesaid That the said jeffrey geﬂrgyd
mit is-
Smith shall be, and he is hereby declared to be exonerated and dis_ Charged
charged of and from the payment (into the treasury of this State) of the from lia-
said sum of money of which he has been so robbed as aforesaid; ,oro- 15332;?!
oided that he shall prove by sufﬁcient and satisfactory evidence to one fxfggcrlggaad
or more of the judges and to the major part of the supervisors of the
said county, that he the said jeffrey Smith lost or was robbed of the
said money in the manner aforesaid; and provided also that the said
jeffrey Smithtshall also make oath that the sum of money of which he
was SO robbed as aforesaid was the same money which he received into
the loan ofﬁce aforesaid, and that the same was not, nor had any part
thereof been exchanged for any other moneywhatsoever.
CHAP. 6 l .
AN ACT to appoint the place of holding the supreme court of
judicature of this State in future and to prolong the terms
thereof, and for other purposes therein mentioned.
PASSED the 7th of April, 1785.
WHEREAS by the laws of this State it is ordained that the supreme Preamble;
court of judicature shall begin sit and be held in the city of New York gisngggittghe
at the four several times following to wit, on the third Tuesdays of supreme
january, April and October, and on the last Tuesday of july in every Court‘
year; and that the said several terms or sittings of the Said court should
be held and continue as follows to Wit the terms of October and April
from the times of their commencement aforesaid every day (except
Sunday) until the end of Saturday in the next ensuing week.
And w/zereas by law the person administring the government of this
State for the time being is empowered to appoint the place for holding
the Said supreme court in pursuance of which law the governor did by
proclamation appoint the city of Albany to be the place for holding the
said court.
And w/zereas for the more equal distribution of justice to the citizens
of this State it is now become necessary that two of the said terms or
sittings should be in future at the said city of Albany, and two of them
at the city of New York,
And w/zereas the continuance of the said terms or sittings during the
short spaces of time aforesaid is attended with great delay of justice.
Therefore ;
Be it enacted ﬁy the People of tile State of New Yorle represented in Two Sit.
Senate and Assenzﬁly and it is ﬁereﬁy enacted ﬁy t/ze ant/zority of ﬁre same; 333863;”
That for the future the said supreme court shall begin sit and be ‘held year in
at the city of Albany at the two several times following, to wit, on the ﬁgaflnyand
last Tuesday of july and the third Tuesday- in October in every year New York
and at the city of New York the two several times following to wit, on
the third Tuesday of january and April in every year.
And ﬁe it fartﬁer enacted ﬁy tﬁe ant/zorz'ty aforesaid, That the said Duration
several terms or settings of the said court shall in future be held and giaflhb‘lﬁfn‘g
continued during the spaces of time following to wit, the terms of Octo-
ber and April from the times of their commencement aforesaid every
day (except Sunday) until the end of the Saturday in the third week
next ensuing, and the terms of january and july from the times of
110 LAWS OF NEW YORK. [CHAR 62.
their commencement aforesaid every day (except Sunday) until the end
of Saturday in the next ensuing week; provided that whenever the busi-
ness of the court shall be completed the court may adjourn until the
next term without sitting until the end of the term.
Next term And be it further enacted by the authority aforesaid That the next
bAeplrli‘jlgt supreme court of judicature to be held on the third Tuesday of April
Albany- next shall be held at the city hall of the city of Alban‘r an" thin“ in
Lbu‘u “U \rAAU \JLU J “LL! v L L L Lib
this act to the contrary thereof notwithstanding.
Each day And be it further enacted by the aut/zorizy aforesaid That each and
Bﬂ‘ifrrﬁﬁﬁn every day of the said terms or sittings (except Sunday) shall be a
daY- return day.
Olfﬁie pfb And be it fart/zer enacted by the authority aforesaid That the ofﬁce
fneiqewo e of the clerk of the said supreme court’shall be kept and held in the
ggglliéy to city of New York and that the said clerk shall appoint a deputy clerk
be appoint- of the said court which said deputy shall keep and. hold an ofﬁce in the
giggly city of Albany wherein writs, process, pleadings papers and records of
proviso; the said court shall and may be ﬁled. Provided neoert/zeiess the said
‘flgrtggrggx writs process pleadings, papers and records which shall be ﬁled in the
York of all ofﬁce of the said deputy as aforesaid shall once in every six months be
ﬁf‘ljffsaﬁégfl removed from the ofﬁce of the said deputy, and lodged in the ofﬁce of
the clerk of the said supreme court in the city of New York aforesaid.
Alpqlmt of And be it fart/zer enacted by t/ze azit/zority aforesaid, That the sum of
ball 11) cer- - - u
tain cases twenty pounds in the ﬁrst clause of an act entltled An act to amend
increased- the practise of the law and to regulate the giving of special bail passed
the twenty-ninth day of November one thousand seven hundred and
forty-ﬁve, shall be and is hereby increased to the sum of one hundred
pounds
And be it further enacted by the authority aforesaid, That if any per-
where less son or persons after the passing of this act, shall commence any suit or
‘iglffgcfgo action in the said supreme court, or by habeas corpus or other writ
ered- remove any suit or action into the said court, and shall obtain a judg-
ment in such suit or action in his her or their favour, for a debt or sum
which (exclusive of costs) shall not exceed one hundred pounds, he she
or they so commencing or removing such suit or action shall not recover
more costs than he she or they would have been entitled to, if such suit
or action had been commenced and determined in any mayors court or
glfgrig‘ljtle court of common pleas in this State. Pro'z/ided that this act shall not
to land_ extend to any case Where the title to lands shall or may in any wise Come
332%?33. in question.
Mayor's And be it fart/zer enacted by t/ze aat/iority aforesaid, That the terms of
glzlgtégik the mayors courts of the cities of New York and Albany are by this
and act lengthened and extended to three days; provided nez/ert/zeless, that
$312)" whenever the business of the said courts shall be completed the said
lengthened court may adjourn until the next term, Without sitting until the end of
the term.
GHAP. 62.
AN ACT for the relief of Thomas Vardell.
PASSED the 9th of April, I785.
Preamble; WHEREAS Thomas Vardell was indebted unto James jauncey late of
gigtggﬁty the city of New York on the twenty sixth day of March one thousand
inofﬁgagsd seven hundred and sixty seven in the sum of eighteen hundred pounds,
0 ame
Jauncy. to secure the payment of which, the said Thomas Vardell gave a bond,
csxr. 62.] EIGHTH SESSION. 111
and a mortgage on the said twenty sixth day of March one thousand
seven hnndred and sixty seven to the said James Jauncy upon two
houses and lotts of ground in the said city, the one situated on Golden
hill in Cliff street, and the other in Water street ; which said mortgage
is recorded in the clerks ofﬁce of the said city in Book number (2) of
register of mortgages, page (184).
And whereas the said Thomas Vardell in full discharge of the interest Id.; saleof
then due on the said bond and mortgage and ﬁfteen hundred pounds of F53 ‘150m
the principal of his aforesaid debt did on the twenty sixth day of Jan- gggggpy
. - lS-
uary one thousand seven hundred and eighty one grant and convey in sioners of
ffee simple unto the said James Jauncey the aforesaid house and lott of forfe‘tures'
ground in Cliffs street so mortgaged as aforesaid ; by reason of which
Said last mentioned conveyance, the house and lott of ground in Cliff
street aforesaid hath been Since sold by the commissioners of forfeited
estates for the southern district, for the consideration of ﬁfteen hun-
dred pounds.
And whereas Thomas Vardell notwithstanding the sale by the com- ,Id-; liabil-
missioners of forfeited estates of the house and lott of ground in Cliff ggg‘ggfmrt'
street aforesaid for the consideration aforesaid, is Still liable to pay off
the full amount of the said mortgage to the people of this State without
the aid and assistance of the legislature. Therefore
Be it enacted hy the People of the State of New York, represented in Sale by
Senate and Assenzhly; and it is herehy enacted hy the authority of the same, 59,12,325",
That the sale of the Said house and lott of ground in Cliff street afore- realized;
. . . . considera-
said so made by the commissioners of forfeited estates for the southern tion money
district as aforesaid be good and sufﬁcient in the law to all intents and ittoegetgred'
purposes whatsoever. And that the consideration money for which the Thomas
said house and lott of ground Sold, be' considered as legally paid to the 215%}?
people of this State by the said Thomas Vardell in part payment of gage
the bond and mortgage so given as aforesaid by the said Thomas Var—
dell to the said James Jauncey, and which by law is now the property
of the people of this State by virtue of the attainder of the said James
Jauncey.
And he it further enacted hy the authority aforesaid That it shall and How mort-
may be lawful for the said Thomas Vardell (in such manner as the law ﬁg 2%?
directs) to pay into the treasury of this State such sum or sums of gésfgggggfd
money as shall or may be certiﬁed to be still due on the said mortgage ' '
by any one of the judges having authority to take proofs and acknowl-
edgments of the due execution of mortgages within the said city and
county after deducting the said ﬁfteen hundred pounds. And further
that the said judge having ascertained the ballance due on the said
mortgage shall certify under his hand and seal to the treasurer of this
State and to the clerk of the said city and county the ballance which
shall so appear to him to be justly due thereon. And upon producing
such certiﬁcate to the treasurer & tender in the manner which the law
directs of such ballance: The treasurer shall, and he is hereby authorized
and directed to receive the same ; and to Sign a certiﬁcate of such
receipt, which certiﬁcate being acknowledged by him or proved by the
oath of at least one credible witness, and ﬁled in the ofﬁce of the clerk
of the said city and county where the aforesaid mortgage given by the
said Thomas Vardell to the said James Jauncey is recorded, it shall and
may be lawful for the said clerk, and he is hereby required to enter in
the book of mortgages a minute of the said. certiﬁcate, which minute so
entered shall opperate as a full and absolute bar to and discharge of the
aforesaid mortgage, to all intents and purposes whatsoever.
~112
LAWS OF NEW YORK. [CHAR 64.
Part of
eighth
article of
confedera—
tion re~
voked.
Amend-
ment to
eighth
article of
confedera-
tion pro-
posed by
Congress,
ratiﬁed;
to be sub—
scribed by
delegates
to Con-
gress.
Preamble;
lands of
David
Hunt, late
of W
ceased.
CHAP. 63.
AN ACT acceding to the recommendation of Congress of the
18th of April 1783, relative to the eighth article of confed-
eration and perpetual union of the United States of America.
PASSED the 9th day of April, I785.
Be it enacted by ﬁle Peejﬁle 0f z‘lze Sz‘az‘e of New York, represented in
Senate and Assemﬁly, and if 2': Izereéy 672(261‘6fl7 ﬂy Z/ze auZ/zerz'z‘y of tile same,
That so much of eighth of the articles of confederation and perpetual
union, between the thirteen states of America, as is contained in the
words following,_to wit, “ all charges of war, and all other expences that
shall be incurred for the common defence, or general wellfare, and
allowed by the United States in Congress assembled, shall be defrayed
out of a common treasury, which shall be supplied by the several
States, in proportion to the value of all land within each State, granted
to or surveyed for any person, as such land and the buildings and im-
provements thereon, shall be estimated according to such mode as the
United States in Congress assembled, shall from time to time direct
and appoint,” shall be, and the same is hereby revoked and made void,
so far as the same extended to this State.
And ée z'z‘ fzert/zer e/zaez‘ed éy Z/ze auf/zarz'z‘y afaresczz'zz’, That it shall and
may be lawful for the delegates for the time being representing this
State, in the Congress of the United States, or any three of them, and
they are hereby required, to subscribe and ratify the following as part
of the said instrument of union, and in place of the part revoked and
made void as aforesaid, to Wit, “ that all charges of war, and all other
expences, that have been, or shall be incurred for the common defence,
or general wellfare, and allowed by the United States in Congress
assembled, except so far as shall be otherwise provided for, shall be
defrayed out of a common treasury, which shall be supplied by the
several States, in proportion to the whole number of white and other
free citizens and inhabitants of every age, sex, and condition, including
those bound to servitude for a term of years, and three ﬁfths of all
other persons not comprehended in the foregoing description, except
Indians, not paying taxes in each State,” which said alteration when so
subscribed and ratiﬁed, shall be deemed and held, to be as sufﬁcient
and valid for the purposes therein mentioned, as the part herein before
revoked and made void, was, or ought to have been, before the revo-
cation and disannulling thereof.
CHAP. 64.
AN ACT for the relief of the executors of David Hunt, deceased.
PASSED the 9th of April, 1785.
WHEREAS Lydia Hunt, by her petition to the legislature, hath prayed ,
relief against the conveyance of a certain farm or parcell of land and
tenements situate at the West-farms in the borough and town of West-
Farms, de- chester, in the county of Westchester, lately made by her husband David
Hunt deceased, to Edmond Ward late of the township of Eastchester in
CHAP. 65.] EIGHTH SESSION. 113
the county aforesaid; and that the same may be disposed of in like
manner as the estate of the said David Hunt is, by his will, directed to
be disposed of : And wﬁereas it is conceived to be reasonable and just,
to grant relief in the premises.
Be it enacted ﬁy t/ze People of tlze State of New York, represented in Convey-
Senate and Asse/nﬁly, and it is lzereﬁy enacted ﬁy t/ze ant/zority of t/ze same, 3236 Speci‘
That the grant and conveyance made by the said David Hunt to the dehéaliedd
said Edmond Ward, of the premises above mentioned, bearing date mlw’diasf S
some time in the year one thousand seven hundred and seventy seven, posed of-
shall be and the same is hereby declared to be null, void and of no
effect; and that it shall be lawful for the executors, named and appointed
in and by the last will and testament of the said David Hunt deceased,
to Sell the said certain farm or parcell of land and tenements, and to
make such disposition of the monies arising from such sale, as is directed
to be made of the personal estate of the said David Hunt, in and by his
Said last will and testament : any conviction of the said Edmond Ward,
whereby his estate is become forfeited to the people of this State in any-
wise notwithstanding. ,
And w/zereas at the time of the grant and conveyance aforesaid, from Preamble;
the Said David Hunt to the said Edmond Ward, the said Edmond Ward {,‘g‘gi‘giigiy
did execute a mortgage of the same premises to the Said David Hunt $133,151“
bearing date the twenty second day of September in the year one thou- '
sand seven hundred and seventy seven, for securing the payment of
three hundred and ﬁfty pounds with interest until ipaid, at the rate of
ﬁve per cent per 'annum, being part of the purchase money agreed to be
given.
Be it fart/ter enacted ﬁy the authority aforesaid, That the aforesaid Mortgage
mortgage and bond accompanying the Same, and every matter and thing vgicﬁred
therein contained, shall cease and the same are hereby declared to be
cancelled and void.

CHAP. 65.
AN ACT for the relief of George Smith of Suffolk county.
PASSED the 9th of April, I785.
WHEREAS the suspension of the licence of George Smith of Suffolk Preamble;
county attorney at law, was in the term of October last past in pursu- iljslli’ggségn
ance of the act, entitled “An act to amend an act passed the ninth of George
of October one thousand seven hundred and seventy nine relative to anngttoti
attornies Sollicitors, and cuncellors at law ” removed : And w/iereas the Dey-
Said George Smith was prevented from taking the oath prescribed by
the said act within the time therein limitted, through a want of sufﬁcient
notice. Therefore
Be it enacted ﬁy t/ze People of tile State of New York, represented in Senate George
and Assenzﬁly, and it is lzereﬁy enacted ﬁy t/zeaut/zority of t/ze sanze, That fnrjlgféjipg'
the said George Smith is hereby fully permitted and authorized to take subscribe
- - - to the oath
and subscribe the oath by law required of him as an attorney at law, at and Drag-
any time within two months from and after the passing of this act, and a“
that upon taking of and subscribing to the said oath, it Shall and may '
be lawful for the said George Smith as an attorney at law, to plead and
practice in all and every of the courts within this State in which he
shall have been licenced or admitted to practice.
VOL. 2. — I5
114 LAWS OF NEW YORK. [CHAR 66.
CHAP. 66.
AN ACT to facilitate the settlement of the waste and unappro-
priated lands within this State and for repealing the act therein
mentioned
PASSED the 11th of April, 1785.
Preamble; WHEREAS it is the interest of this State to accelerate the settlement of
5533333510 the waste and unapropriated lands within the same and w/iereas there
be derived is reason to apprehend that the mode prescribed in and by the act enti-
tothe State “ .
bythe set, tled An act to encourage the Settlement of the waste and unappropri-
Zjlegnvsggtgf ated lands within this State” passed the tenth day of May one thousand
and upa-p— seven hundred and eighty four, would be attended with great delays in
{:8 gated the execution thereof, and not answer the salutary purposes intended
, thereby.
Ac; {Sieg- Be it enacted by t/ze People of Me State of New Yer/e, represented in
1'6 1‘ ‘
vealed, Senate and Assembly, and it is lzereby enacted by t/ie ant/zority of tbe sanze,
That the above recited act shall be, and the same is hereby repealed.
¥rgemb1e; Andw/zereas no legal settlement can be made on the lands now claimed
151,212?‘ by the native Indians, and not heretofore by them ceded to the people
of this State, until a title from the said Indians be had or obtained
Qommis- , Be it further enacted by t/ze aat/zority aforesaid, That it shall be the
395155,,“ duty of the commissioners appointed by an act entitled “An act to
frants 0f appoint his excellency the governor of this State or person administring
ands from - . . .
an Indians the government thereof for the time being, and the commissioners
gillllitggtfl‘é therein designated, to superintend Indian affairs, passed the sixth day
State. of April one thousand seven hundred and eighty-four, and they are
hereby required, on or before the ﬁrst day of October next, to obtain a
cession or grant, to the use of the people of this State, of such lands
within this State now holden or claimed by the native Indians as such
Indians shall be willing to dispose of on reasonable terms: and the said
commissioners are hereby authorized to apply the Sums appointed by
the nineteenth section of an act entitled “An act for the payment of
certain contingent expences, and for other purposes therein mentioned,
passed the twenty-ninth day of November, one thousand seven hundred
and eighty four, or such part thereof as may remain unapropriated, for
the purpose of obtaining such grant or cession.
Qommis- And be it fnrt/zer enacted by the aat/zority aforesaid That his excel-
ﬁllfg‘ggdot lency the governor or person administring the government the govern-
gglcgi ment of this State for the time being, the lieutenant governor, the Speaker
I‘
created, of the assembly the secretary of the State, the attorney general, the
treasurer, and the auditor of this State respectively for the time being,
shall be and they are hereby appointed commissioners of the land ofﬁce
to direct the disposing and granting of the waste and unapropriated
lands within this State, and according to such powers and directions as
shall from time to time be prescribed by the legislature; and all and
every the powers and trusts to be vested in them by this or any future
act, shall and may be lawfully executed by any three or more of them,
the governor or person administring the government to be always one;
and that the secretary ex ofﬁcio shall always be the secretary of the com-
missioners of the land ofﬁce.
And in order that as far as possible an equal opportunity may be
afforded to all persons for obtaining patents or grants of lands
'CHAP. 66.] EIGHTH SESSION.
115
Be it fari/zer erzaez‘ed by tile aut/zorizjr aforesaid That the said commis-
sioners shall with all possible dispatch after the passing of this act cause
adver.isements to be published in the several news papers printed within
this State giving notice that upon and after a certain day therein to be
speciﬁed not less than two, nor more than three months from the time
of publishing the said advertisements, that locations upon the lands so
described in the said advertisements will be received in the ofﬁce of the
surveyor General of this State. And if it should happen that two or
more locations should be made on the same parcel of land, on the same
day the surveyor general shall determine by lott which of the said loca-
tions shall be preferred and intitle the person or persons making the
same to a warrant of survey for the same. And as often as a cession or
grant shall be obtained from the Indians of lands now holden or claimed
by them, it shall be the duty of the said commissioners to advertise the
same, and proceed to direct the receiving locations and for the commis-
sioners to make grants in the manner hereinbefore directed.
And oe ii‘ fari/zer enacted 6}) the authority aforesaid That if any per-
son having made a location in manner aforesaid shall not within one
month from the date thereof apply for a warrant of survey, or having
received a warrant of survey shall not within one month from the date
thereof apply to have the tract of land therein described surveyed, or
if upon the execution and return of such survey and certiﬁcate thereof
from the surveyor general shall not within three months from the date
of such certiﬁcate apply for letters patent for the same and pay the fees
established by this act, and the act entitled “ An act for granting certain
lands promised to be given as bounty lands by laws of this State, and
for other purposes therein mentioned” passed the eleventh day of May
one thousand seven hundred and eighty four, such person or persons
shall in either case forfeit his or their right in the said lands.
And oe it farZ/zer enacted oy Z/ze aui/zoriz‘y aforesaid That no other
persons than such as are entitled to grants of lands by virtue of the acts
recited in the second enacting clause of the last mentioned act, shall
have the right to locate the quantity of lands to which they are respect-
ively so entitled, on the lands intended to be granted by virtue of this
act, in the manner in and by the said act is directed.
And oe it fari/zer enacted by Z/ze aut/zori/y aforesaid, That any person
whatever shall have the priviledge of making a location in the surveyor
generals ofﬁce for a tract of land not exceeding ﬁve hundred acres with
an allowance of ﬁve per cent for high ways, and receive a grant for
the same, upon paying into the treasury of this State a sum of money
at the rate of four shillings per acre, for the lands so located.
A 12d [2e it furi/zer erzaeied oy i/ze aai/zoriz‘y aforesaid, That all lands to
be granted by virtue of this act shall be laid out in equilateral squares
whose sides shall be north, south, east and west lines. or as nearly so as
apropriated lands or principal waters will admit.
And oe if farz‘her erzaez‘ed [I] the aai/zoriiy aforesaid, That any lands
legally purchased from the native Indians prior to the fourteenth day
of October one thousand seven hundred and seventy ﬁve shall not be
liable to be granted by virtue of this act : but all persons claiming by
virtue of such Indian purchases who have not already exhibited their
.claims by virtue of the act herein before repealed, may exhibit their
respective claims to the said commissioners before the tenth day of
May next. And all such claims not exhibited before the said tenth day
of May are hereby declared to be void'and the lands so claimed liable
to be located and to be granted as herein before directed and the said
commissioners are hereby authorized to hear and determine such claims
Commis—
sioners of
land ofﬁce
to adver-
tise for
locations.
Locations,
surveys
and certiﬁ-
cates
lands,
time in
which to
be applied
for; when
forfeited.
Who may
make loca-
tions.
Locations
0 ss
than 500
acres, rate
per acre.
Lands, how
laid out.
Lands pur-
chased of
Indians
prior to
1775 not to
be lgranted;
claims to,
how ex-
hibited.
116
LAWS OF NEW YORK. [CHAR 66.
Claims to
lands,
when to
be deter-
mined.
Proviso,
only citi-
zens may
maintain
claims.
Lands
granted
to be ex-
em pt
from taxa-
tion by
State for
seven years
Payment
for lands,
what to
be re-
ceived in.
Fees to
governor,
secretary
and sur-
veyor gen-
eral, on the
issuance of
grants, etc.
Townships,
grants of;
allowances
for public
uses.
upon the application of the respective claimants on principles of equity
and good conscience and if such decision shall be against such claim-
ant, the lands so claimed may be located and granted as by this act is
before directed.
And to the end that delays may not be occasioned by pretended claims
Be z'z‘farf/zer mated by the aat/zorz'ry aforesaid That any person hav-
ing located lands so claimed shall have the right upon application to
the said commissioners to have the said claims determined upon a day
to be appointed by the said commissioners not less than two months nor
more than three months from the day on which such application shall
have been made.
Provided always that the priviledge of exhibiting claims to any of
the aforesaid lands by virtue of Indian purchases under the former‘
government of this State while a Colony, shall be only extended to
such person or persons as are citizens of this State, or some other of
the United States.
And [re 2'! farf/zer erzaez‘ed 12y z‘/ze aaf/zorz'ey aforesaid, That all lands to
be granted by virtue of this act, shall be and they hereby are exempted
until the expiration of seven years from the passing of this act, from all
taxes hereafter to be imposed upon the inhabitants of this State, except
county or district taxes :
A 12d {2e 2'! farZ/zer erzaez‘ed oy f/ze aaZ/zorz'zjr aforesaid That the treasurer
of this State for the time being, shall receive in payment for the lands
to be located and granted by virtue of this act, gold or silver and the
paper securities directed to be received in payment of forfeited estates,
by the act entitled “ An act for the speedy sale of the conﬁscated and
forfeited estates within this State, and for other purposes therein men-
tioned ” passed the twelfth day of May one thousand seven hundred
and eighty four, at their nominal value, with the interest which at the
time of such payment shall be due thereon.
And oe z'z‘fart/zer erzaez‘ed by t/ze aaZ/zorz'zj) aforesaid, That the Governor,
the secretary and the surveyor general of the State, shall respectively
be entitled to the following fees for the services by them to be per-
formed by virtue of this act, that is to say, the Governor for his attend-
ance on signing and afﬁxing the great seal to the Letters Patent, the
sum of sixteen shillings, for every grant not exceeding ﬁve hundred
acres ; the secretary for preparing and recording Letters patent for the
like quantity of ﬁve hundred acres, or less, the sum of sixteen shillings;
and the surveyor general for every warrant of survey the sum of twelve
shillings ; for ﬁling every return of survey, for his certiﬁcates therefor,
and ﬁling a copy thereof, the sum of eight shillings; and for making
the surveys maps and all other business belonging to his ofﬁce at and
after the rate of twenty four shillings per day, together with reasonable
allowance for the hire of chain bearers and their subsistence, while
necessarily employed ; which fees and no other, they shall be entitled
to demand from the person to whom letters patent shall have been
respectively issued as aforesaid; except where a patent or grant shall
be made a township or any quantity of lands exceeding ﬁve hun-
dred acres, in which case the fees shall be double the several sums
above mentioned, except the surveyor generals fees for performing the
surveys aforesaid which shall only be twenty four shillings per day.
And a it fari/zer erzaez‘ed oy z‘/ze aat/zorz'z‘y aforesaid That when a.
sufﬁcient number of persons shall join in making a location for a town-
ship of twenty three thousand acres they shall be allowed besides the
ﬁve per cent for high ways four hundred acres for the use and support
of a minister of the gospel, and eight hundred acres for the use and
CHAP. 66.] EIGHTH SESSION.
117
beneﬁt of a School or schools, within such town or towns respectively,
to be laid out in some convenient place or places in the same for
that purpose, and each respective town Shall receive such grant, shall
‘be allowed to hold and exercise the same incorporated priviledges that
the other districts do hold and exercise that are in the county where
such‘ lands lie, and for which township they Shall pay to the treasurer
of this State one shilling per acre, exclusive of the allowance for high
ways, and other public uses.
XV. And ﬁe it fart/ter enacted ﬁy t/ze ant/zority aforesaid That when any
ten persons or more shall join in making a location for lands they shall
be allowed beside ﬁve per cent for high ways, such a proportion of land
for the use and support of a minister and for the use and beneﬁt of a
school or Schools, in such location, as the number of persons joining in
such location shall bear to the number making a location for a township
as aforesaid, and the number of acres allowed to such township for the
use and support of a minister of the Gospel, and for the use and beneﬁt
of a school or schools; and for which land they shall pay to the treas-
urer of this State the sum of two shillings per acre exclusive of the
allowance for high ways and other public uses. And in either of these
cases a location made on the same day shall have a preference for such
lands to a location made for a less number of acres: and in all cases
where more than one person or persons shall join in a location it shall
be at their option to take a grant in common or seperately as it Shall
best Suit them.
XVI. And ﬁe it fart/ter enacted ﬁy tﬁe ant/zority aforesaid That all
grants or patents for land made by virtue of this act, shall contain a con-
dition of having a settler actually settled on every ﬁve hundred acres in
three years from the date of the letters patent thereof. And on failure
of such Settlement; the lands so unsettled shall revert to the people of
the State, and be liable to be granted in the same manner as if no Such
former grant had been made.
XVII. And ﬁe it fart/ter enacted ﬁy t/ze ant/zorizy aforesaid, That the
letters patent to be given by virtueof this act, shall be in the words and
form following ~—
The people of the State of New York, by the grace of God free
and independent, to all to whom these presents shall come, know
ye that we have given granted and confirmed and by these presents do
give grant and conﬁrm unto his heirs and assigns, the tract
of land comprehended in the following boundaries, vizt. with
all the appurtenances and priviledges to the same belonging or in any
wise appertaining (excepting and reserving to ourselves all gold and
silver mines, and salt mines and Salt springs within the same, to have
and to hold the above granted premises, as a good and indefeasible
estate in fee simple for ever ; on condition nevertheless that the
said heirs or assigns do Settle or cause some person to be
settled on the same in years after the date of these presents,
otherwise these our letters patent to be void in testimony whereof we
have made these our letters patent, and caused the great seal of our
State to be afﬁxed witness governor of our said State, done
at the day of in the year of our Lord and
in the year of our independence.
And in case the grant shall be for a tract of land that will intitle the
grantees to an allowance for public uses, then the following shall be
inserted. On condition that the said do set apart acres
in some convenient part or parts of the said tract for the use and bene-
ﬁt of a minister of the Gospel, and acres for the use and beneﬁt
When ten
persons
join in a
location;
allowances
Condition
as to settle-
ment to be
inserted in.
grants.
Form of
letters
patent.
Id.; where
allowance
for public
uses is
made.
118
LAWS OF NEW YORK. [CHAR 66,
Sufficiency
of letters
patent.
Preamble;
as to claims
to lands
acquired
under laws
of the late
Colony.
Commis-
sioners of
land ofﬁce
may deter-
mine
claims.
Proviso, as
to qualiﬁ-
cations of
claimants,
etc.
Where
claims al-
lowed, con-
ditions on
which
grants
issue.
Settlers on
lands to
take oath
of allegi-
ance.
Surveyor
general to
remove his
ofﬁce to
Albany.
of a school or schools therein; and also on condition that they settle or
cause to be settled as many families on the said land in three years from
the date of these presents as there are ﬁve hundred acres within the_
same, such part therof as shall be granted for public uses excepted.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid That the foregoing
grant or letters patent shall be fully sufﬁcient both in law and equity to
vest such grantee or grantees, or any person or persons holding under
him or them to an estate in ice simple to the land included within the
same.
And w/zereas it is suggested that there are persons who have equit-
able claims to grants for lands acquired under the laws of the late col-
ony of New York which they were prevented from Obtaining merely on
account of the circumstances which preceded the late change of gov-
ernment ; and it is just and right that such equitable claims should be
allowed and conﬁrmed by this legislature.
Be it t/zerefore enacted by t/zo aat/zorizy aforesaid, That the commis-
sioners aforesaid shall have power to hear and determine the claims of
all persons for grants of lands to which they were intitled under the
government of the late colony of New York, and to grant letters patent
for such lands to all such persons as shall be found to have a fair and
equitable claim or title thereto: Provided that nothing in this act shall
be construed to enable any person to hold lands and obtain such grants
who are not already qualiﬁed by the laws of this State to hold the same.
And provided such claims are exhibited to the said commissioners or
any one or more of them before the tenth day of May next, provided
that no such claim shall be allowed or affect any lands lying without the
line of cession established in the year one thousand seven hundred and
sixty eight by the treaty at Fort Stanwix. Provided also that no such
claim shall be allowed to any lands in virtue of any mandamus issued
by the king of Great Britain, while this State was a colony; except such
mandamus shall have been granted as a reward for services actually
done and performed within the then colony (now State) of New York,
and was vested in a citizen previous _to the ninth day of July one thous-
and seven hundred and seventy six, who had located and obtained from
the government of the then colony of New York an order to survey the
same, and who hath taken an active part with the United States during
the late war.
And be it fzcrt/zer enacted by t/ze az/t/zority oresaid, That the claims
so allowed and grants made in consequence thereof shall be paid for at
the same rate or rates, and held on the like conditions and limitations
as the other lands directed to be granted by this act.
And be it fzirt/zer enacted by t/ze aat/zority aforesaid, That no person
or persons shall or may settle on the said lands, nor shall any person or
persons who shall actually settle on the said lands have a legal title to
the same, or any part thereof, unless he or they shall before one of the
judges of. the supreme court, or a majestrate of any of the counties in
this State, previously take the oath of allegiance and abjuration pre-
scribed by a law of this State entitled “ An act for the better securing
the independence of this State and to that end requiring all public
ofﬁcers and electors within this State to take the test oath therein con-
tained” passed 26th March 1781 a certiﬁcate whereof shall be ﬁled in
the clerks ofﬁce of the county Where the lands lie.
And for facilitating the business to be done by virtue of this act
Be it fzcrt/zer enacted by the aat/zorz'ty aforesaid That the surveyor gen-
eral may and is hereby directed to remove his ofﬁce on or before the
ﬁrst day of June next to the city of Albany.
CHAP. 67.] EIGHTH SESSION. 119
CHAP. 67.
AN ACT for building a court house and gaol in the county of
Dutchess and for other purposes therein mentioned.
PASSED the 11th of April, 1785.
WHEREAS the court house and gaol of Dutchess county have been Preamble_
lately consumed by ﬁre.
Be it enaez‘ea’ 6)) Me People of i/ze Sz‘aie of New York represerzz‘ed in Supervis-
Serzate and Assembly and it is /zereoy erzaez‘ed oy i/ze aai/zorizj/ of i/ze same ODrgtgiless
That the supervisors of the several precincts in the said county for the county to
time being shall be and they are hereby authorized and required to $21,232.33
direct to be raised and levied on the freeholders and inhabitants of the Egllllgg-and
said county the sum of one thousand ﬁve hundred pounds for building gaol.
a cou’rt house and gaol in the said county with an additional sum of
nine pence in the pound for collecting the same which said sums shall
be raised levied and collected in like manner as the other necessary
and contingent charges of the county are levied and collected.
And oe ii‘ furi/zer elzaez‘ed o), i/ze aai/zoriiy aforesaid That the said Supervis—
supervisors of the county of Dutchess shall meet for the purpose of 2285 313%,,
dividing the said sum of one thousond ﬁve hundred pounds to be raised to meet-
and levied at the dwelling house of Stephen Hendrickson at Pough-
keepsie in the said county on the ﬁrst Tuesday in june next. And it
is hereby made the duty of the clerk of the supervisors of the said
county to notify the said respective supervisors of such meeting.
And oe iz‘ fari/zer e/zaez‘ed by i/ze aat/zoriz‘y aforesaid That the said Tax. when
sum of one thousand ﬁve hundred pounds shall be collected and paid fgci’gdcgﬂ'm
into the treasury of the said county of Dutchess on or before the ﬁrst Paid-
Tuesday in November next. _ court-
Arid oe it further enacted oy i/ze aui/zorizfy aforesaid That the said house and
. gaol to be
court house and gaol for the said county of Dutchess shall be erected erected at.
and built at the town of Poughkeepsie in the said county. {2325;};
And lie ii‘ farZ/zer erzaez‘ed 12)) the aai/zoriz‘y aforesaid That it shall and Commis-
may be lawful for Cornelius Henfrey Peter Tappen and Gilbert Living,- flizflg‘z‘fto
ston or a majority of them and it is hereby made the duty of the said superin-
Cornelius Henfrey Peter Tappen and Gilbert Livingston to superintend and direct the building and erecting the said court house and gaol in
the said county by virtue of this act in such manner as shall appear to
them to be most eligible consistent with good oeconomy and the interest
of the said county and that the said Cornelius Humfrey Peter Tappen
and Gilbert Livingston or any two of them shall and may contract
with workmen purchase materials and employ an overseer or overseers
of such workmen and from time to time draw upon the treasurer of the
said county for such sums of money for the purposes aforesaid as shall
come into the treasury by virtue of this act. And the said treasurer is
hereby required out of the monies aforesaid to pay to the order of the
said Cornelius Humfrey Peter Tappen and Gilbert Livingston or any
two of them the several sums of money to be by them drawn for and it
is hereby made the duty of the said Cornelius Humfrey Peter Tappen
and Gilbert Livingston to account with the supervisors of the said
- - - West-
county for the monies by them to be received when thereunto required. Chester
And be iz‘ farz‘lzer erzaeied 6y i/ze aai/zoriiy aforesaid That the Inferior 383L132),
Courts of Common Pleas and general sessions of the peace of the common
county of Westchester shall be held at the Presbyterian meeting house 5333;“
in the township of Bedford in the said county until a court house shall $322,211,386
be built within the county, or until the further order of the Legislature. be held,
1
LAWS OF NEW YORK. [CHAR 68.
within this
State ,
bounty
granted on
Inspectors
of hemp
appointed .
Inspectors,
oat of
ofﬁce of.
Oath to be
taken by
person
raising
hemp.
Additional
duty laid
on cordage
and lin-
. seed oil.
CHAP. 68.
AN ACT granting a bounty on hemp to be raised within this
State, and imposing an additional duty on sundry articles of
merchandise, and for other purposes therein mentioned.
PASSED the 12th of April, 1785.
Be it erzaeted a), t/ze -Peopte of Me State of New Yer/e represented in
Senate and Assemoty, and it is I’zereoy erzaeted oy t/ze aat/zorizj/ of t/ze same,
That for every hundred weight of good merchantable hemp which shall
be raised within this State after the passing of this act, and brought to
the city of New York on or before the ﬁrst day of January one thous-
and seven hundred and eighty eight shall be allowed and paid by the
treasurer of this State out of any monies which may be in the treasury
unappropriated a bounty of eight shillings per hundred to any person
or persons who shall bring such hemp to the city of New York, and
produce a certiﬁcate of the weight thereof and that it is good and
merchantable, from Thomas Ivers and \Villiam Arnold or either of
them, who are hereby appointed inspectors of all hemp on which a
bounty is to be allowed, which said inspectors shall receive for their
trouble from the person who shall employ them at the rate of six pence
per hundred weight and no more.
Arzd oe it enacted oy t/ze aat/zority aforesaid That the inspectors ap-
pointed by this act before they enter upon the execution of their ofﬁce,
shall before the mayor recorder or one of the aldermen of the said city
take and subscribe an oath in the words following vizt. I do solemnly
swear that I will faithfully discharge the duty of an inspector of hemp
for the city of New York, and that I will not give a certiﬁcate to any
person or persons for a greater quantity than I actually inspect and for
none but such as is merchantable : a copy of which oath sworn to and
subscribed by the said inspectors respectively shall be ﬁled with the
treasurer of this State.
And oe it fart/zer erzaeted ﬂy t/ze aat/zority aforesaid, That besides the
certiﬁcate to be given by the inspectors of hemp or one of them the
person who raised the same shall (before the said bounty shall be paid)
make oath or if of the people called Quakers afﬁrm, before some magis-
trate in this State, that the quantity of hemp for which he has obtained
certiﬁcates as having been inspected, was raised in the county of
in the State of New York in the year and that no bounty has
yet been paid for the same or any part thereof to the best of his knowl-
edge or belief ; ‘and that he will not receive or cause to be received, or
attempt to receive any greater or other bounty for the same than is
allowed by this act.
And in order to encourage the raising of hemp and the manufacture
of cordage and of lintseed oyl
Be it enaeted oyt/ze aat/zority aforesaid That an additional duty be
laid on the enumerated articles following that shall be brought into this
State by land or water after the ﬁrst day of November next ; that the
amount of such duty to be applyed towards the payment of the bounty
given by this act on hemp to be raised in this State, that is to say, for
every hundred weight of foreign cordage four shillings, for every hun-
dred Weight of foreign white rope or yarns four shillings, for every
hundred weight of foreign hemp two shillings, for every gallon of
foreign lintseed oyl four pense; for every pair of shoes sixpence, and
CHAP. 68.] EIGHTH SESSION.
121
for every pair of boots two shillings to be collected and paid as is
directed by an act entitled “ An act imposing duties on certain goods
Wares and merchandize imported into this State ” passed 18th Novem-
berr784.
And be it elzaez‘ed oy Z/ze aaz‘lzorizj/ aforesaid, That all goods wares
and merchandize brought or imported into this State by any foreigner
and not consigned to a citizen of this State shall be subject to pay one
and an half per cent more than such goods wares or merchandize
imported by the citizens of this State or of any of the United States ;
which additional duty of one and an ‘half per cent shall be collected
and paid as is directed by the preceeding clause.—
And be fart/2e?’ eizaez‘ed o)» Z/ze aaZ/zoriz‘y aforesaid, That if any negro
or other person to be imported or brought into this State from any of
the United States or from any other place or country after the ﬁrst day
ofjune next, shall be sold as a slave or slaves within this State, the
seller or his or her factor or agent, shall be deemed guilty of a public
offence, and shall for every such offence forfeit the sum of one hundred
pounds lawful money of New York, to be recovered by any person who
will sue for the same in an action of debt, in any court in this State
having cognizance of the same, together with costs of suit; the ,one
half of the said forfeiture to be paid to the treasurer of this State for
the use of the public thereof, and the other half to the person who
shall have sued for the same.—- -
A7Z£Z7 a) ii‘ fart/lei’ enaez‘ed [5/ the aziZ/zorizj/ aforesaid That every such
person imported or brought into this State and sold contrary to the true
intent and meaning of this act shall be freed.
And &e if farl/zer eizaez‘ed a), the aat/zoriz‘y aforesaid That when any
person or persons hereafter shall be disposed to manumit his her or
their slave or slaves, and shall previous thereto procure a certiﬁcate
signed by the overseers of the poor (or the major part of them) of the
town manor district or precinct together with two justices of the peace
of the county where such person or persons shall dwell or reside, and
if in the cities of New York or Albany then from the mayor or recorder
any * any two of the aldermen certifying that slave or slaves appear to be
under ﬁfty years of age, and of sufﬁcient ability to provide for them-
selves, and shall cause such certiﬁcates of manumission to be registered
in the ofﬁce of the clerk of the town manor district or precinct, in
Additional
duty laid
on goods
consigned
to foreign-I
ers.
Negroes,
selling of,
as slaves,
prob i bited;
penalty.
Negro so
sold de-
clared free.
Slaves,
manumis-
sion of,
proceed-
ings for.
which the master or mistress may reside, that then it shall be lawful for -
such person or persons to manumit such slave or slaves without giving
or providing any security to indemnify the town manor district or pre-
cinct; and such slave or slaves so manumitted shall be demed taken and
adjudged to be free ; and the clerk for registering such certiﬁcate shall
be entitled to two shillings and no more.
And oe iz‘ furt/zer enacted oy t/ze aat/zorify aforesaid, That if any
person by his or her last will and testament shall give his or her slave
or slaves their freedom such slave or slaves being at the death of the
testator or testrtrix under ﬁfty years of age and likewise of sufficient
ability to provide for themselves, to be certiﬁed in manner aforesaid,
such freedom given as aforesaid, shall without any security to indem-
nify the town manor district or precinct be deemed taken and adjudged
to be good and valid to all intents and purposes, any law usage or
custom, to the contrary notwithstanding. —

* So in original.
‘701;. 2. _
Slaves
manumit-
ted by will.
122 LAWS OF NEW YORK. [CHAR 69.
Egaz’gséctlob And be it further enacted by the authority aforesaid That all negroes,
jury for y and other persons of any description whatsoever commonly reputed and
gﬁgllfgés. deemed slaves shall forever hereafter have the privilege of being tried
by a jury in all capital cases according to the course of the common
law.

CHAP. 69.
AN ACT to enable the mayor aldermen and commonalty of the
city of Albany for the time being or the major part of them to
order the raising a sum not exceeding one thousand pounds
for the purposes therein mentioned.
PASSED the 12th of April, 1785.
Albany, Be it enacted by the People of the State of New Yer-h represented
‘t’gtg'eﬁgvﬁgg in Senate and Assembly and it is hereby enacted by the authority of the
for Wqtch- sanze That the mayor aldermen and commonalty of the city of Albany
men hght- - - .
ing the for the time being or the major part of them be and they are hereby
Streetsietc- empowered and authorized to order as soon as conveniently may be
after the passing of this act the raising a sum not exceeding one
thousand pounds, by a tax upon the estates real and personal lying and
being within that part of the said city herein after mentioned of all and
every the freeholders, freemen inhabitants residents and Sojourners,
living between the north and south boundaries or limits of the said city
within half a mile westward from Hudsons river to be applied to the
payment of so many watch-men as the said mayor aldermen and com-
monalty in common council convened shall think necessary for guard-
ing the said‘ city, to the purchasing of oil, providing of lamps and repair-
ing and altering the lamps which now are or hereafter may be erected
within the said city and to be applied for the payment of making repair-
ing and maintaining the public wells, pumps, docks, bridges and streets
within the said city, and which sum shall be rated and assessed, by the
assessors of the Said city in like manner as the contingent charges of
the said city and county of Albany are rated and assessed. That the
said assessors as soon as they shall have compleated the assessment,
shall deliver the same to the Chamberlain of the said city who shall
thereupon issue a Warrant under his hand and seal directed to the col-
lector of the said city and which collector shall forthwith levy and col-
lect the same and from time to time pay the monies so by him collected
into the hands of the said Chamberlain, retaining in his hands three
pence in the pound for his trouble in collecting and paying the same-—
Penalty for And be it further enacted by the authority aforesaid That if the
Hgaeggof assessors or collector of the said city or either of them shall deny refuse
assessors or delay to do perform and execute all or any of the powers authorities
fgcggk and duties by this act given and required to be done performed or exe-
cuted by them or either of them, every of them so refusing or neglecting
shall forfeit and pay the sum of one hundred pounds to be sued for and
recovered by and in the name of the Chamberlain aforesaid with costs
and applied to the same uses and purposes as the sum of one thousand
pounds aforesaid.
Tax, 001- And be it further enacted by the authority aforesaid That if any per-
jfg’ég‘gﬁffr son or persons shall' neglect or refuse to pay the several rates and
forced- assessments wherewith he or they shall be rated or assessed by virtue of
this act upon the request or demand of the collector aforesaid that
CHAP. 70.] EIGHTH SESSION. - 123
then and in every such case it shall and may be lawful for such collec-
tor and he is hereby required on non payment thereof to distrain upon
the goods and chattels of the person or persons so refusing or neglect-
ing to pay and the distress so taken to carry away, and the same to
expose to sale within the said city for the payment of the rate or assess-
ment and the overplus (if any there be after paying the charges of
taking carrying away and exposing the same distress to sale) shall be
returned to the owner or owners.
CHAP. 70.
AN ACT more effectually to compel Abraham Lott late treas-
urer of the Colony of New York to account to the treasurer
of this State for such sums of money as the said Abraham
Lott has received while he was treasurer of the said Colony
and for which he has not accounted.
PASSED the 18th of April, 1785.
WHEREAS in and by an act entitled an act for the payment of the Preamble;
salaries of the several ofﬁcers of government and certain contingent ﬁfz‘ﬁleeggzg
expences and for other purposes therein mentioned passed 12th May from Abra-
1784, it was among other things recited, that Abraham Lott late treas- {$51,232:
urer of the late Colony of New York did owe and was accountable to 3"" of the
. . . . olon of
the people of this State for divers sums of money which came to his New ork.
hands as treasurer as aforesaid. '
And rw/zereas it was among other things by the said act enacted that
the treasurer of this State for the time being should without delay
call the said Abraham Lott to an account of all his acts and transactions
relative to the public treasury of the said colony while he was treasurer
thereof, and to receive from him for the use of the people of this State
all such sum and sums of money as should appear to have been due
from him to the said colony, and that upon the said Abraham Lotts
neglect or refusal so to account and pay the said sum or sums of money
as aforesaid to commence and prosecute to a ﬁnal judgment and recov-
ery a suit for the penalty of the bond mentioned in the said in part
recited act, or to take such other effectual remedy either in law or
equity to compel the said Abraham Lott to such account and payment
as aforesaid as by the attorney general shall be advised.
And w/zereas the said Abraham Lott has not paid or accounted for
the monies due from him to this State as aforesaid by means whereof
the penalty of the said bond is and is hereby declared to be forfeited.
Arid w/zereas the said Abraham Lott hath presented a petition to the Id.; peti-
Legislature setting forth among other things, that his estate 15 fullyitAiggaggm
sufﬁcient to discharge the debt aforesaid, and all other just demands Lott-
against him, but praying a reasonable time to be allowed to enable him
to pay into the treasury a certain annual sum so as to sink the whole in
a few years, and further praying that he may be enabled to pay the same
in certain public securities ; and also praying that a suit lately brought
against him in the Supreme Court on the said bond may be stayed.
And w/zereas Isaac Roosevelt Esquire and others who were sureties 1a.; peti-
for the said Abraham Lott have petitioned the Legislature to be released gﬁgt‘ggsms
from the said bond, and it is also suggested on behalf of the said sure- '
ties that it would be unreasonable that they should continue any longer
bound if the Leglslature should prolong the time for the said Abraham
124 LAWS or NEW YORK. [CHAR 71.
Lott’s paying the debt he owes the State and for which they stand bound
as aforesaid.
guginsb Be it erzaeted by ﬁre People of tbe State of New Yor/e, represented irz
Agbraham Senate and Assembly, and it is hereby e/zaeted by t/ze aat/iority of tbe same
Lott“) be That the said suit commenced and depending in the said Supreme
prosecuted . .
‘tojudg- Court against the said Abraham Lott shall be prosecuted to a ﬁnal
ment‘ judgment and execution ; and the attorn'ey general of this State is
hereby authorized and required to prosecute the said action with all
possible dispatch for the recovery of the said debt, together with inter-
Proviso; est thereon at the rate of seven per cent per annum. Provided never-
25,32“ t/zetess that no execution shall issue on the said judgment if the said
issfleif Abraham Lott shall on or before the ﬁrst day of May next, execute a
suiety . . .
given for bond together with such sureties, as the Governor Treasurer and auditor
gfal’fdeg‘ft of this State for the time being or any two of them shall deem sufﬁcient
{neat With- 111 the penalty of thirty thousand pounds in specie, payable to the said
In time - - - . _
Speciﬁed. Treasurer, with a condition underwritten to pay the debt or ballance
and interest now due to this State by the said Abraham Lott in manner
following, to wit, the one moiety thereof in specie on or before the
twenty fourth day of November next with interest at the rate of seven
per cent per annum, and the other moiety in specie on or before the
fourteenth day of November one thousand seven hundred and eighty
six with like interest.
CHAP. 71.
AN ACT for regulating the fees of the several ofﬁcers and min-
isters of the courts of justice within this State.
PASSED the 18th of April, 1785.
Fees of Be it enaeted by t/ze people of tbe State of New Yor/e, rejﬁreserzted irz
3%10r5’8a0nfd Serzate and Assembly, and it is bereby ezzaeted by t/ze aat/zority of tbe same,
ilggfgifor That ‘all and every ofﬁcer and ofﬁcers, person and persons, who shall at
exacting any time after the passing of this act, exact demand or ask any greater
gggeisﬁégm or other ffee for or in respect of any services herein after mentioned
other than such as shall hereafter be by law allowed shall be liable to
be suspended or turned out of his said ofﬁce or ofﬁces; and also be
liable to be indicted for an offence against the people of this State; and
upon conviction ﬁned in such sum as the court shall in their discretion
think proper to inﬁict—vizt.
IN THE COURT OF CHANCERY.
CHANcELLoR’s FEES.
Chancel- For the seal to every common writ three shillings.
lorys fees‘ To exempliﬁcations twenty shillings.
Every decree two pounds. _
Every opinion or order on a petition or motion, controverted and
argued in court, twenty shillings.
Appointing a guardian ten shillings.
MAsTER’S FEES.
Master's For every summons, three shillings.
fees‘ Copies of all charges and discharges brought in before the master,
scheduling writings, and other things, for each sheet containing ﬁfteen
lines, and six words to a line nine pence.
CHAP. 71.] EIGHTH SESSION. 125
Every report or certiﬁcate to be made in pursuance of an order made
upon hearing the cause, one pound.
Every other certiﬁcate or report made upon petition or motion only
ﬁve shillings.
The masters fees for drawing every report or certiﬁcate, one shilling
and six pence per sheet.
Copy thereof nine pence per sheet.
Every afﬁdavit one shilling.
The acknowledgment to every deed to be recorded four shillings,
lease and release to be considered one deed only.
An examination fee, two shillings and sixpence.
Every exhibit signed by a master, and every person shewn to him,
for both two shillings.
The caption and writing of every recognizance three shillings.
Every bill of costs to be taxed by a master for the plaintiff not put-
ting in his bill or not proceeding to reply, or for‘ the defendants not
appearing in due time or any other matter for which costs are to be
taxed before pronouncing the decree in the cause three shillings.
For taxing every bill of costs after a decree obtained six shillings.
THE REGISTERS FEEs.
Drawing all order per sheet, one shilling and six pence. Registrar's‘
Entering a fair copy per sheet nine pence. fees‘
All orders by consent of parties without motion, petition or hearing,
(half to be paid by complainants & half by defendants) per sheet one
shilling and six pence.
Reading or ﬁling every report petition or other paper one shilling
each.
Copies of all orders and reports per sheet nine pence.
Filing every afﬁdavit one shilling.
Registering the same per sheet nine pence.
Copying every affidavit per sheet nine pence.
The register or deputys hand to every copy afﬁdavit order &c. one
shilling.
Every certiﬁcate with the register or deputys hand to it, two shillings.
Entering a cause for hearing one shilling.
Making notes of the causes that stand for hearing, for grounding the
the subpoena to hear judgment, each cause nine pence.
Drawing every decree per sheet one shilling and sixpence.
Every decree examining and signing, seven shillings and sixpence.
Every dismission four shillings.
A search in the books for any order or decree, for every year six-
pence.
Entring all attachments and proclamation for each person nine pence.
All rules of court to answer, reply, produce witnesses and for publi-
cation &c. each nine pence.
Entry of all special rules by consent, per sheet, one shilling and six—
pence. '
Entry of all amerciaments one shilling and sixpence.
Entry of all appearances in contempt two shillings.
All copies of attachment, proclamations, commissions of rebellion,
rules &c. for each per sheet, nine pence.
Entry of all demurrers or pleas one shilling.
Exemplifying depositions &c. for every sheet nine pence.
Poundage on all deposit money three pence for every pound.
126
LAWS OF NEW YORK. [CHAR 71.
Clerk‘s
fees in
chancery.
THE CLERK’S FEES.
For every attachment ﬁve shillings.
Entring appearance one shilling.
Every supersedeas ﬁve shillings.
Every petition for a homine replegiando, custody of an infant, or
other matter where there is no cause depending, for attendance on the
chancellor &c. ﬁve shillings.
Every special certiorari ad procedendum, corpus cum causa, or
habeas corpus, ﬁve shillings.
Every bail upon every writ of corpus cum causa, or matter of privi-
ledge two shillings.
All manner of procedando’s or certiorari’s of course three shillings.
All copies of all bills, answers or other pleadings whatsoever as also
of all certiﬁcates and examinations made or taken by virtue of any com-
mission out of this court, and of the interrogatories therewith returned,
and also of all declarations and ‘pleadings by English bill, or according
‘to the course of the common law; and for copies of records rolls or evi-
dence brought to be copied or remaining in the said court, & exempli-
cations, deeds &c. per sheet six pence, ninety words per sheet.
Drawing every injunction per sheet one shilling and Sixpence.
Engrossing the Same per sheet, nine pence.
Every Subpoena for one or more persons, four shillings.
Every commission of rebellion ten shillings.
Every commission to take an answer or examine witnesses, seven
shillings and Sixpence.
Every special commission upon order of the court, draft one shilling
and six pence per sheet.
Copy nine pence.
Meeting to settle commissioners, at joining in a commission ﬁve
shillings.
Every writ of execution upon an order, draft one shilling and six
pence per sheet. Copy nine pence.
Examining and signing every decree, or dismisssion eight shillings.
The custody of every bond taken in the clerk’s name by order of the
court one shilling. a
Every sequestration or writ of execution upon a decree per sheet
nine pence.
Every certiﬁcate that pleadings are ﬁled, Costs of contempt paid, or
other matter necessary to be certiﬁed one shilling.
Every attachment ﬁve shillings.
Filing every bill, answer, replication, rejoinder, or other pleading one
shilling.
Entring rule to answer in the rule book or other rule of court, copy
thereof and serving on defendants clerk four shillings.
Entring receipt of rule to answer &c in rule book, copy thereof and
serving the same on solicitor four shillings.
A writ of ne exeat six shillings.
A search in the books for any bill answer'&c for ever year Sixpence.
Attending master with rule book on taxing every bill of costs two
shillings. '
Attending at the hearing before the chancellor whether the pleadings
be read or not ﬁve shillings.
Writ of assistance to put a defendant into possession, draft one shil-
ling and Sixpence per sheet; copy nine pence.
Poundage on all deposit money threepence for every pound.
CHAP. 71.] EIGHTH SESSION. 127
THE EXAMINERS FEEs.
For examination of every deponent to be paid by the party on whose Examin-
side he is examined per sheet one and sixpence, if he travels, a milage 6' sfees'
ffee of one shilling a mile, out only.
Certifying of any deed or other Writing shewed to the deponent at his
examination two shillings.
Copies of depositions and interrogatories per sheet nine pence.
Attending court with depositions ﬁve shillings.
THE CoUNsELs FFEEs.
For retaining ffee in any cause one pound ten shillings. goulisel’s
Perusing and signing bill, answer, plea, demurrer or any other spec- cilesnlélery,
ial pleadings interrogatoriesor exceptions one pound.
Every motion of course before the chancellor ﬁve shillings.
Every special motion ten shillings.
Arguing every plea or demurrer thirty shillings.
Arguing before the master upon exception or any other matter one
pound.
Arguing before the chancellor upon petition when necessary one
pound.
Arguing upon ﬁnal hearing of every cause forty shillings.
Counsel fees upon special matters, where their advice is necessary
- and not herein before provided for to be allowed by a master in like
proportion.
No fees to be taxed for more than one counsel.
THE SOLLICTORS FEES.
For retaining ffee in any cause twenty shillings. Solicitor’s
Drawing every bill, answer, plea, demurrer interrogatory &c per sheet £338,102,,
one shilling & sixpence.
Engrossing thereof per sheet nine pence.
Every copy thereof on paper per sheet sixpence.
Solhcitors fee for every term being three months ﬁve shillings.
Drawing every petition per sheet one shilling and sixpence.
Copy thereof per sheet six pence.
Drawing every afﬁdavit per sheet one shilling & sixpence. Copy
thereof per sheet sixpence.
Fee for attending in getting every petition answered ﬁve shillings.
Attending upon hearing petition ﬁve shillings.
Attending the court upon the ﬁnal argument or demurrer ten shillings.
Attending the register upon drawing every decretal order ﬁve shil-
lings. '
Attending the chancellor upon every common motion four shillings.
Upon every special motion wherein is an argument six shillings.
Serving every order three shillings.
Giving notice of and attending the examination of every witness
either before examiner or master three shillings.
Drawing instructions tothe examiner or master per sheet one shilling
and sixpence.
The abbreviating every bill answer and all other proceedings and
depositions per sheet three pence.
Drawing brief for counsel per sheet one shilling and sixpence.
Copy thereof per sheet sixpence.
128
LAWS OF NEW YORK. [CHAR 71.
Sergeant-
at-arms’
fees in
chancery
Judges of
the su-
preme
court,
fees of.
Drawing charge or discharge or other matter before the master per
sheet one shilling & six pence.
Copy of every order upon refference to a master per sheet sixpence.
Serving the master therewith three shillings.
Attending the master upon every summons ﬁve shillings.
Attending the master to ﬁle the same one shilling and sixpence.
Drawing every bill of costs to be taxed per sheet one shilling and
sixpence.
Drawing the masters report thereof per sheet one shilling and six-
pence.
Fee in attending for the report ﬁve shillings.
Drawing notice of every motion, copy thereof and service three shil-
lings.
' THE SERJEANT AT ARMS FEES.
For taking a prisoner into custody eight shillings.
Mileage for each mile going out only nine pence.
The return of an order one shilling.
Every hearing three shillings if he attends.
Serving every summons to attend a master one shilling.
Every person in contempt before being discharged of his contempt
shall besides other fees pay to the sergeant at arms six shillings and
eight pence.
The service of every subpoena or other process four shillings.
Every mile going out only, nine pence.
Taking. bail upon every attachment or ne exeat six shillings.
THE JUDGES or THE SUPREME COURT.
For allowing a writ of error & marking the roll that a writ is allowed
ﬁve shillings.
Every supersedeas three shillings.
Taking bail three shillings.
Filing every bail piece or recognizance one shilling.
Searching for bail ﬁrst term one shilling. Every term after sixpence.
Signing every writ of priviledge, habeas corpus, procedendo, certiorari
or prohibition, three shillings. .
Confession of a judgment out of court three shillings.
Acknowledgment of satisfaction out of court three Shillings.
Acknowledging a deed four shillings.
Admitting an infant by his guardian four shillings,
Taking an afﬁdavit one shilling.
Admitting an attorney one pound ten shillings to be paid to the
judge or judges present at theadmission.
. The judge licenceing an attorney ten shillings.
Taxing a bill of costs six shillings.
Signing judgment roll two shillings.
In every cause to be paid on the ﬁrst motion, unless criminal ﬁve
shillings, to be divided amongst the judges attending.
Attending on balloting or striking a jury or both fﬁve shillings.
Every attendance on motion or argument or special matter at his
chambers and on examining a witness ﬁve shillings.
Every certiﬁcate or order upon an act for relief of insolvent debtors
three shillings.
Every warrant order report or certiﬁcate upon the act relative to
absenting debtors three shillings.
Every appointment of trustees three shillings.
CHAP. 71.] EIGHTH SESSION. 129
THE ATToRNEv GENERAL’s FFEEs IN THE SUPREME CoURT.
Entring every cessat processus or nolo prosequi for each defendant Attorne’y-
ﬁve shillings. ' :dlseigltshe
Every process on 1ndictment or other common writ per sheet one supreme
shilling and sixpence; engrossing on parchment one shilling. court‘
Drawing every indictment, or information general, six shillings.
Copying and ingrossing the same four shillings.
Drawing all special indictments and pleadings % sheet seventy two
words to a sheet one shilling and sixpence.
A copy thereof per sheet as aforesaid nine pence.
Every motion in court ﬁve shillings.
Fee on tryal demurrer special verdict or in error or on pleas con-
fessed twenty four shillings. _
Every warrant to acknowledge satisfaction on record six shillings.
All other proceedings the like ffees as are herein after allowed for the
like services to attornies in the supreme court.
THE ATToRNrEs FEEs IN THE SUPREME COURT.
For retaining fee £L, 9s., 0d. But where several suits are brought Attorney’s
upon one bond or note no more than one retaining fee shall be allowed. g‘ffpiggughe
Warrant of attorney two shillings and three pence. court
Drawing all processes and returns admissions by guardians or next
friend and recognizance of bail, each sheet seventy two words in a
sheet one shilling and sixpence.
All engrossments on parchment each sheet one shilling.
Every term fee ﬁve shillings, but no more than three to be allowed
unless the party caused that terms delay for which it is charged.
Drawing bonds to prosecute, affidavits, pleadings, adjournments sug-
gestions and other necessary entries each sheet of seventy two words
one shilling and sixpence.
Copies on paper sixpence per sheet and ingrossments on parchment
one shilling. '
Every motion ﬁve shillings.
Every attendance before the court of errors in order to make a motion
whether made or not, or to oppose a motion ten shillings.
Arguing every special motion ten shillings.
Fee on trial or inquest or in error twelve shillings.
Service of a declaration in ejectment the same as service of process
by sheriff.
Fee for arguing of demurrer, or special verdict, such sum as shall be
allowed in the discretion of the judge who shall tax the costs.
A brief and copy or copys thereof nine shillings.
Drawing up the judgment six shillings.
Entring the judgment on the roll three shillings.
Every continuance on the roll one shilling and sixpence.
Drawing a nolo prosequi or retraxit three shillings.
Entry thereof on the roll one shilling and sixpence.
Every notice and copy two shillings and sixpence.
Attendance on balloting or striking jury, or both ﬁve shillings.
On examining a witness four shillings.
On taxing a bill two shillings.
On giving or excepting to bail two shillings.
Attending a judge or other ordinary service two shillings.
Service of notice, every notice or rule one shilling and sixpence.
VOL. 2. —- 17
130
LAWS OF NEW YORK. [CHAP. 71.
Counsel's
fees in the
supreme
court.
Clerk's
fees in the
court of
errors.
Clerk‘s
fees in the
supreme
court, civil
causes.
Id .; crim-
shillings ; if before issue joined or judgment.
CoUNsELs FEE WHERE COUNSEL
Service of copy of the declaration and rule to plead one shilling and
Sixpence.
Copy'bill of costs to be taxed, delivered to the opposite party three
If after six shillings.
is ACTUALLY EMPLOYED AND No
CosTs To BE TAxED MORE THAN ONE COUNSEL.
For_perusing and amending special pleadings and entries ten shillings.
Assisting on demurrers, special motions and other special proceedings,
ten shillings.
Fee on trial one pound ten shillings.
Traveling charges on the circuits for every day thirteen shillings and
four pence.
THE CLERK OF THE COURT OF ERROR’S FEES.
For reading and ﬁling the writ, return and record three shillings.
Filing every afﬁdavit or other proceedings one shilling.
Entring every rule and every copy thereof one Shilling and Sixpence.
On every writ in error two shillings and three pence.
Entring every appearance one shilling; entring every judgment or
dismission two shillings and three pence.
Copies of the records, pleadings and other proceedings by the Sheet
each containing ninety words nine pence.
THE CLERKs FEES OF THE SUPREME COURT IN CIVIL CAUSES.
For sealing a writ, entring the same, ﬁling tickett and entring on the
docket two shillings and three pence.
Filing a declaration one shilling.
Entring an appearance one shilling.
Filing all other pleadings each one shilling.
Entring every rule one shilling and Sixpence.
Swearing and impannelling a jury two shillings and three pence.
The return of a writ and ﬁling same one shilling.
Swearing each witness Sixpence.
Swearing a constable Sixpence.
Reading each writing or evidence one Shilling.
Filing the roll one shilling.
Taking the jurys verdict and entring the same in the minutes one
shilling and Sixpence.
Special verdicts drawing or engrossing one shilling per sheet.
Entring judgment two Shillings and three pence.
A retraxit or discontinuance one shilling.
Copies of records or other pleadings per Sheet, each sheet containing
seventy two words one shilling.
Attending and Striking a Special jury and delivering a copy thereof
to each party six shillings.
Filing an afﬁdavit or other paper on request nine pence.
Entring satisfaction on record one shilling and Sixpence.
Searching the records within a year one shilling and Sixpence.
Every year back Sixpence.
IN CRIMINAL CAUSES where the services are done at the request of
inalcauses the defendant or where he enters a nolo contendere or on voluntary
can». 71.] EIGHTH SESSION. 131
composition has his ﬁne mitigated or where the service is for the ease
and advantage of the defendant or prisoner, or by order of the court.
For‘every appearance one shilling. '
The discharge of any person upon bail one shilling.
Every imparlance to an indictment one shilling.
Drawing process against any person upon an information or other
process three shillings and sixpence.
The plea to an indictment or information sixpence.
Reading the indictment information or record sixpence.
Swearing every witness on trial sixpence.
Engrossing judgment on information one shilling and sixpence.
Respiting every recognizance ninepence.
Taking a recognizance four shillings and sixpence and entring thereof.
Copies of all indictments informations and pleadings per sheet each
sheet 72 words one shilling. a
Relinquishing a plea one shilling.
A submission one shilling.
judgment thereon one shilling.
A copy of the traverse one shilling.
Every subpoena for four witnesses or under two shillings and three
pence. '
Every witness more sixpence.
Every order or rule of court one shilling and sixpence.
A copy of a rule of court one shilling.
Taking and copying every special verdict per sheet each sheet con-
taining seventy two words one shilling & sixpence.
For the allowance and recording a warrant of nolo prosequi or cessat
processus four shillings.
FEEs FOR THE CLERK OF THE CIRCUIT CoURTs.
For entring in the judges book every cause to be tried three shillings. Clerks,
Filing every nisi prius record three shillings. the
Entering every rule one shilling and sixpence. court-
Swearing and impaneiling jury two shillings and three pence.
Entering confession of lease entry and ouster one shilling and sixpence.
Swearing each witness and swearing a constable each sixpence.
Reading every deed or piece of written evidence one shilling. .
Filing a bill of exceptions or demurrer each one shilling.
Copies thereof nine pence per sheet.
Calling plaintiff and entering his default or appearance one shilling.
Taking a verdict and entring in minutes two shillings and three pence.
Returning every postea six shillings.
Entering every nonsuit one shilling and sixpence. -
Entering default of juror ~and discharge of others one shilling and
sixpence
Travelling charges eight shillings per day.
IN CRIMINAL CAUSES the same fees as are before allowed to the clerk m; Grim-
of the supreme court, and under the same restrictions ; and if he prose- inalcauses
cutes for the people the like fees as are before allowed to the attorney
general, and traveling charges at thirteen shilling and four pence % day.
That all traveling charges shall be computed from the place of abode
of the attorney counsellor or clerk, and shall be computed after the rate
of thirty miles per day going and returning.
132 LAWS or NEW YORK. [CHAR 71.
THE SHERIFFS FEES IN THE SUPREME COURT.
§heriff’sl Serving a writ four shillings and sixpence.
832.8112” Every mile from his abode sixpence to be computed from the sheriffs
CWI‘B- place of abode except where it is otherwise ﬁxed by law.
Bail bond three shillings.
Returning a writ one shilling.
Summoning a jury eight shillings.
Serving an execution, for or under one hundred pounds, per pound
six pence ; every pound more three pence.
The poundage on ﬁeri facias, or other writs, for levying monies to be
taken only on the sum actually levied. -
That where any sheriff shall levy or receive any debt or damages and
costs previous to or without an actual sale of the lands goods or chattles
seized or taken, he shall be entitled to no more than one half of the
poundage fees mentioned in this act, in all cases where such debt or
damages and costs shall exceed the sum of one hundred pounds.
Serving a writ of possession without the aid of the posse comitatus
ten shillings.
With the aid of the posse comitatus thirty shillings.
Every mile from the place ﬁxed by law six pence.
For summoning a grand jury twenty four shillings.
Executing a criminal sixty shillings.
Making a list of freeholders to strike a jury one pound ten shillings.
Serving a scire ffacias and return ﬁve shillings and sixpence.
Every person committed to prison three shillings.
The discharge of every person out of prison being committed three
shillings.
Bringing up a prisoner by habeas corpus in civil cases, twelve shillings.
Every mile from the place of taking him sixpence.
Executing writ of inquiry and returning twelve shillings.
Attending a view in the same county per day ﬁfteen shillings.
The like in a foreign county fourteen shillings per day.-
Attending with a prisoner before a judge on his being surrended by
his bail and for receiving the prisoner into custody eight shillings.
For summoning a jury on forcible entry and detainer one pound ten
shillings.
Serving writ of restitution besides a mileage fees of sixpence per mile
ﬁfteen shillings.
Copy of every writ one shilling and sixpence.
Serving warrant of attachment, taking in custody &c. so much as the
judge who issued the warrant shall certify.
THE CRYERS FEES IN THE SUPREME CoURT.
Crier’s For calling every action nine pence.
fees in the ' ' ' '
supreme Calling a jury one shilling.
Coul‘t- Swearing a witness sixpence.
Calling every verdict ninepence.
Discharging every person by proclamation ninepence.
Calling the plaintiff on non suit nine pence.
Calling a defendant on recognizance nine pence.
Calling a default nine pence.
Ringing the bell, each action in court one shilling.
CHAP. 71.] EiGHTH SESSION. 133
IURY’S FEEs IN THE SUPREME COURT.
Every juryman for each action on which he is sworn as a juror two Jury’s
shillings except jury's of inquiry in the city of New York or city of gfﬁf’réglghe
Albany each one shilling. Cour“
Every juror coming to and attending a view and returning per day
six shillings.
Every juror attending court from a foreign county coming and return-
ing per day four shillings and sixpence.
THE FEEs To BE ALLowED FOR WITNEssEs SUMMoNED IN THE SEV-
ERAL CoURTs AND CHARGES FOR SUMMONING THEM.
Each witness attending in his own county on trial two shillings per Evitnesses’
day- ass?“
Attending from a foreign county and. coming and returning per day
four shillings and sixpence. .
Each witness subpoenaed in the county and detained from a foreign
county per day four shillings and sixpence.
Serving subpeena on each witness one shilling.
To a witness on a duces tecum coming from a foreign county attend-
ing and returning per day four shillings & sixpence except for the
judge of probates, the secretary of the State, or clerk of a court, attend-
ing in a foreign county with wills records or other paper evidence,-on
subpoena, thirteen shillings and four pence per day.
SURvEvoRs FEEs.
For going to and returning from a view per day ten shillings, thirty Surveyor’s
miles per day. fees‘
His actual service per day on the view twelve shillings.
For going to, attending the court on trial, and returning per day ten
shillings.
THE JUDGES AND jUsTrcEs FEEs IN THE CoURTs or CoMMoN
PLEAS AND MAvoRs CoURTs.
For all actions in the court of common pleas three shillings. Judgessand
Signing every judgment of court one shilling. _ _ 1,123; '5
Recorders ffees 1n the mayor s court, on ﬁrst motion 111 every cause courts of
. . - common
SIX ShllllngS- pleas and
o o n o a Admittance of guardian one shilling and sixpence. Courts_
Taking bail two shillings.
Acknowledging satisfaction on record ninepence.
Attending on shewing cause of action on other special, matter at his’
chamber two shillings.
Taxing and signing a bill of costs two shillings.
Proof or acknowledgment of a deed before the mayors of the respect-
ive corporations or in the counties before the judges of the court of
common pleas and not the assistant justices three shillings.
For admitting and licenceing an attorney half the fees in such cases
allowed to the judges of the supreme court.
THE ]UsT1cEs FFEEs IN oR oUT OF SESSIONS.
For every warrant in criminal cases, one shilling and sixpence. Justice’s
On every trial of forcible entry or detainer twenty shillings— Every £18,831“ or
precept in forcible entry or detainer three shillings. ' sessions-
134 LAWS OF NEW YORK. [CHAR 71.
Every bond or recognizance two shillings.
Administring an oath one shilling.
Making up and certifying record according to the act for preventing
trespasses one shilling per folio each folio seventy two words, copy‘
thereof Sixpence per sheet.
Every certiﬁcate or order upon an act for relief of insolvent debtors
three shillings.
Every warrant order, report or certiﬁcate upon an absconding act
three Shillings.
Every appointment of trustees three shillings.
THE ATTORNIES FEES 1N THE COURT OF COMMON PLEAS
& MAYORS COURTS.
ﬁl'étoj'nev's Retaining fee one pound; but where several suits are brought upon
5 n '
court of one obligation or note, no more than one retaining fee to be allowed.
common Warrant of attorney one shilling.
pleas and. . . .
mayor’s Every necessary motion two shillings.
court‘ Drawing every declaration and all other pleadings per sheet each
sheet containing seventy two words at one shilling.
Every copy thereof Sixpence per sheet.
Drawing every notice of tryal copy and serving two shillings and three
pence.
Copy for the judge and serving one shilling and three pence.
Brief for trial and copy six shillings.
Fee on trial or inquest sixteen shillings.
Drawing bill of costs and copy three shillings.
Attending a judge on taxing costs or other necessary business two
shillings. .
FEES FOR THE CLERK OF THE SESSIONS.
gelggki’s the For taking a recognizance and drawing it up in form three shillings
[1
sessions, to be paid to the clerk or other person who does the Service.
Drawing every indictment and ingrossing the same four shillings and
Sixpence.
' Receiving ﬁling and reading the same one shilling and Sixpence.
Subpoena for each witness Sixpence.
A venire or other writ one shilling and Sixpence.
Entering defendants appearance nine pence.
An execution two shillings.
Making up the record one shilling per Sheet.
Copy thcreof Sixpence per sheet at seventy two words.
Every order on rule of court nine pence.
Entering a nolo prosequi or cessat processus one shilling and six pence.
A venire for ajury to enquire of riots forcible entries detainers 81c
two shillings.
Drawing and ingrossing inquisition and returning same Six shillings.
Filing record one shilling.
Entring the pannel and swearing the jury two shillings.
Swearing witness and constable each six pence.
Reading each evidence or petition in court Sixpence.
Taking and entring verdict one shilling.
Entring judgment and the fﬁne one shilling and three pence,
Entring defendants confession one shilling and three pence.
Copies of indictments and pleadings if required, each sheet of severity
two words Sixpence. '
CHAP. 71.] EIGHTH sEssIoN. 135
Receiving reading and ﬁling every town order or other order brought
to be allowed at the court of sessions and entring the conﬁrmation and
recording the same as in other cases per sheet of seventy two words
one shilling.
FEEs FOR THE CLERxs OF THE COMMON PLEAs AND MAYORS CoURTs.
For every writ of capias entring action and seal two shillings and Clerkjs
three pence. I _ £28,525“
‘ A bond given by the plamtiff when he 15 not a freeholder three Sl'lll- gyégéngnnd
lings. mayor's
Filing declaration sixpence. court‘
Copy of a declaration or other pleading if required per sheet each
sheet containing seventy two words sixpence.
A discontinuance or retraxit one shilling.
Altering the declaration in ejectment and admitting a defendant one
shilling and three pence.
Entring every motion and rule thereon one shilling.
Copy of every rule when required one shilling.
Bringing a particular record into court two shillings.
Receiving and entring verdict one shilling.
Entring satisfaction on record two shillings.
Entring judgment one shilling and three pence.
Reading and entring allowance of every habeas corpus, writ of error
or certiorari, and the return, two shillings.
An execution two shillings and three pence.
Transmit of the record in error and returning it with the writ every
sheet of seventy two words six pence.
Every writ of inquiry sixpence per sheet.
Entring defendants appearance sixpence.
Drawing and ﬁling special bail in or out of court, one shilling and
sixpence. '
Filing every plea, replication, rejoinder or other pleading, sixpence.
A venire two shillings and three pence.
Receiving and entring the pannel and swearing the jury one shilling
and six pence. ‘
A habeas corpra juratorum two shillings and three pence.
Subpoena for each witness six pence.
Reading every evidence in court sixpence.
Swearing each witness sixpence.
Swearing constable sixpence.
Making up and entring a record of judgment one shilling per sheet.
Engrossing sixpence.
Copy of a record of a judgment when required, six pence per sheet,
of seventy two words.
. Searching the records, within one year one shilling. Every year back
sixpence. ‘
Copies of records per sheet of seventy two werds each, sixpence.
THE SHERIFFS FFEES IN THE CoURTs or‘ COMMON PLEAS AND MAYoRs
CoURTs
For serving a writ and taking into custody three shillings. $55351“,
Every mile as ﬁxed by law sixpence per mile. 3%
Every bail bond three shillings. pleas and
. . . mavor’s
Returnlng a writ nine pence. courts,
136
LAWS OF NEW YORK. [CHAR 7i.
Crier’sfees
in sessions,
common
pleas and
. mayor’s
court.
Jury’s
fees, in
sessions,
common
pleas and
mayors’
court.
Coroner’s
fees.
Summoning a jury six shillings.
Attending a view per day eight shillings.
Going and returning eight shillings per day.
Serving and returning scire facias three shillings.
Serving an execution for every pound under one hundred pounds
six pence, every pound more three pence.
Serving a writ of possession with the aid of a posse commitatus
twenty shillings. '
Every mile from his abode six pence. .
Serving such writ without the aid of the posse comitatus ten shil-
lings.
Every person committed to the common prison three shillings.
The discharge of every person out of common prison three shillings.
Executing ‘a writ of inquiry and drawing inquisition and returning
the same with the writt twelve shillings.
Serving a summons one shilling.
For attending with a prisoner before a judge on his being surrendered
by his bail, and for receiving the prisoner into custody four shillings.
In criminal matters the like ffees in the respective courts as for the
like services in civil causes to be allowed only where the defendant enters
a nolo contendere or on voluntary composition hath his fﬁne mittigated
or where the services are done at the request of or for the ease or
advantage of the defendant or prisoner or by order of the court.
THE CRvERs FEES IN THE CoURTs or SEssioNs, CoMMoN PLEAs OR
MAYORS COURT.
For calling a jury in each cause one shilling.
Calling and swearing every witness sixpence.
Calling every verdict nine pence.
Calling every action nine pence.
Ringing the bell for every action nine pence.
Discharging every person by proclamation nine pence.
THE IURY’S FEES IN- THE CoURTs or SEssioNs, CoMMoN PLEAS 0R
MAYORS CoURTs.
Every juryman sworn in each action two shillings except in the
mayors court of New York and Albany one shilling.
Every juror attending a view per day four shillings.
THE CoRoNERs FEES.
For the view of each body twenty four shillings, except in the cities
of New York and Albany twelve shillings.
Each juryman that sits on the body one shilling.
For witnesses the same allowance as in the supreme court.
Serving writs in all cases the same as is herein before allowed to the
sheriff for the like service.
That the fees of the coroners inquest shall be certiﬁed by at least one
of the supervisors and paid by the treasurer of the county.
That in the city of New York such fees shall be paid by the Chamber-
lain on a certiﬁcate of the mayor or recorder provided that in Rich-
mond county the coroners fees shall be no more than twelve shillings.
cHAP. '71.] ‘ EIGHTH sEssIoN. 137
FEEs OF THE PROBATE OFFICE.
For administing an ‘oath one shilling and sixpence. Probate
For all copies of each folio consisting of one hundred and twenty §’§Z§‘i;f_
eight words one shilling and sixpence.
For seal six shillings.
For ﬁling one shilling and six pence.
For a search one shilling and sixpence. '
For a citation exclusive of seal, four shillings.
For a letter of administration one pound.
Taking and ﬁling a renunciation and taking proof of a renunciation,
and which proof the Judge of Probates or any one of the surrogates is
hereby authorized & required to take four shillings.
‘Where a will or administration is contested, for hearing and deter
mining, sixteen shillings.
The judge of probate is not to charge for any thing done or charged
by any surrogate unless when the said judge acts as surrogate.
SURRoGATEs FEEs.
Ffor proving a will, indorsing certiﬁcates, conveying it to the ofﬁce Sun-9-
&c one pound. ' gate sfees’
For qualifying administrator taking bond and writing certiﬁcate
twelve shillings.
For a citation when they issue it, four shillings.
For ﬁling caveat one shilling and sixpence.
For proving a codicil, if proved separately twe-lve shillings.
For examining and proving an inventory or account eight shillings.
For granting admistration with the will annexed one pound.
SECRETARY AND CLERKs FFEEs FOR RECORDING.
For recording mortgages as by law directed the fee instead of three Recording I
shillings one shilling & sixpence per sheet one hundred and twenty {gig’asggm‘
eight words per sheet. clerks.
Recording a bill of sale one shilling and sixpence per sheet one ‘hun-
dred and twenty eight words in each sheet.
For recording all deeds one hundred and twenty eight words per
sheet one shilling and six pence.
Copies of all records and deeds per sheet one shilling.
SEcRETARY’s FEEs FoR IssUING CoMMIssIoNs.
For a judge of Supreme Court twenty four shillings. Secretary's
F , . f . f 1.11. fees for 15-
or a ﬁrst judge of an in erior court twenty our s 11 ings. sujngcom-
For the other judges of an inferior court elght shillings. mlsslons'
For each justice whose name Is Inserted in a commission four shil-
lings.
For a collector of the Customs twenty four shillings.
For each of the other ofﬁcers of the Customs sixteen shillings.
For each delegate to Congress twenty-four shillings.
For a sheriff twenty four shillings.
For a coroner six shillings.
For a mayor twenty-four shillings.
For a recorder sixteen shillings.
For a clerk of a county twenty four shillings.
VOL. 2. ~ 18.
138 LAWS OF NEW YORK. [CHAR 72.
For a commissioner of forfeituretwenty four shillings
For entring a caveat one shilling and Sixpence.
ggirlliltgli‘gi P or military commissions.
sions. For each ﬁeld ofﬁcer sixteen shillings.
For each captain eight Shillings.
For each subaltern four shillings.
other com- Other commissions not aboz'e enumerated as follows.
mlsslons First those of proﬁt sixteen shillings.
Those of no proﬁt eight shillings.
étlzltdzxi-to And be it further enacted by the authority aforesaid That this act shall
an actions be construed to extend to all suits or actions already commenced and
yohstzgenot depending in any courts of record in this State and wherein the bills
yet taxed, of costs are not already taxed. -
All bills of And be it further enacted by the authority aforesaid That the judges
ggigitggi’e of the respective courts herein before mentioned shall allow all bills of
ggirglggg to costs arising within ‘their respective courts according to the table of fees
' herein before established and no otherwise.
Every per- And be it enacted by the authority aforesaid, That all and every person
33383333,, and persons shall be allowed to carry on defend and try his her and
3;‘ 331123131 their suit or action in any court of record in this State. .
services ' _ And be it further enacted by the authority aforesaid That for any ser-
$222155 vices actually performed which are not enumerated or provided for by
,0 bgtaxed this act the judges shall certify or tax so much for such services as the
go‘rillfgre- same are really worth and no more.
judge.
CHAP. ‘72.
AN ACT authorizing the freeholders and inhabitants of the town-
ship of Westchester to choose trustees for the purposes therein
mentioned.
PASSED the 18th of April, I785.
west- Be it enacted by the People of the State of New Y orh represented in
Eggsgegf’ Senate and Assembly, and it is hereby enacted by the authority of the same
trusteesito That it shall and may be lawful for the freeholders and inhabitants of
$22,?” the township of Westchester in the county of Westchester, to assemble
monlands- at the usual place of holding town meetings, on the ﬁrst Tuesday in
May next, and on the ﬁrst Tuesday in April in every year thereafter,
and then and there in the usual mannerof electing town-ofﬁcers, to
choose six freeholders, who shall be ‘resident in the said township, for
trustees: which trustees when so chosen, or a majority of them, shall
- and may order and dispose of all or any part of the undivided lands
within the said township as fully and amply to all intents constructions
and purposes whatsoever, as trustees have used and been accustomed to
do, under any patent or patents charter or charters heretofore given or
Ferry to granted to the freeholders and inhabitants of the said township. And also
$59,555?“ that it shall and may be lawful for the trustees to be chosen and elected
Flushing- by virtue of this act, to lease out the right and priviledge of setting up,
keeping and maintaining a ferry across the East river from the said'
township of Westchester to the township of Flushing in Queens county,
in like manner and under the same rules and regulations, and for the
like purposes as are prescribed for the township of Oyster-Bay and
New Rochelle, in and by an Act establishing and regulating ferries
across the East river between the counties of Queens and Westchester”
CHAP. 7 3.] EIGHTH SESSION. 139
passed at the present meeting of the legislature: provided always that Proviso. as
the rates of ferriage to be demanded received or taken at. such ferry, to 22,132,526‘?
be kept from the said township of Westchester to the township of
Flushing ‘shall not exceed the three fourth parts of the rates of ferriage
for the like persons and articles, by the said act allowed to be taken and
received at the ferry to be kept from the township of New Rochelle.
And he i2‘ farther enactea’ hy the authority aforesaid That the district West-
formerly called and known by the stile of the borough and town of 32:313.’,
Westchester, shall henceforth be called and known by the name of the glfﬁgglélgw
township of Westchester. townof.

CHAP. 73.
AN ACT for the relief of Thomas Clark, and for other purposes
therein mentioned.
PAssED the 20th of April, I785.
WHEREAS the undivided moiety of twelve thousand acres of land Preamble;
situate in New Perth in the county of Washington lately known by the {33:53
name of Charlotte county hath become vested in the people of this Washing-
State by the attaind of Oliver De Lancey who held the same in com- ifjuoﬁiiélenrty
mon with Peter Du Bois. And whereas the said Peter Du Bois was also attainted and the said Oliver De Lancey and Peter Du Bois before their DuBois to
attainder granted the said twelve thousand acres of land to Thomas $};,‘;‘,?,ag.,,_
Clarke in fee reserving a yearly rent of one shilling an acre forever and ligament 0‘
afterwards the said Thomas Clarke granted the said lands to a number t Name’
of persons in severalty in fee reserving the same rent on each respective
grant, and whereas the said Peter Du Bois before his attainder mortgaged
his estate in the said lands for a considerable sum of money to jonathan
Mallet and afterwards that is to say on the twentieth day of December
in the year of our lord one thousand seven hundred and seventy hav-
ing become insolvent did grant and convey among other things all his
estate in the lands above mentioned to certain trustees therein named
and to their heirs and assigns to be converted into money, and after
discharging the above mentioned mortgage to be distributed among his
creditors named in a certain schedule annexed to the indenture purport-
ing such conveyance as aforesaid, and whereas the said Peter Du Bois
is since dead, and the said Thomas Clarke hath by his humble petition
to the legislature prayed leave to surrender his estate in the said lands
on being released from the covenants entered into by him with the said
Oliver De Lancey and Peter Du Bois and that he may receive a com-
pensation for procuring settlers on the said lands by his industry and
exertions agreable to certain engagements entered into with him by
the said Oliver De Lancey and Peter Du Bois and the trustees of the
creditors of the said Peter Du Bois having signiﬁed their desire that
the said Thomas Clarke shall make such surrender and be discharged
from the covenants entered into by him as aforesaid so far as respects
the moiety vested in them under the said Peter Dubois and that they
may also be more effectually enabled to accomplish the said trust which
from the attainder of one of the said trustees is embarressed with diffi-
culties and the legislature being willing to comply with the petition of
the said Thomas Clarke so far as the said lands are vested in the people
of this State, and in order that the embarrassments attending the exe-
cution of the said trust should be removed. Therefore
140 LAWS OF NEW YORK. [CHAR 73.
rlrriltglrlpsg of Be it enaeted by t/ze People of tbe State of [Yew York represented ‘in
Clark in Senate and Assembly and it is bereby enaeted by t/ze ant/zority of tbe same
Ifgrrlfesdrg) That the estate right title rents issues proﬁts reversions and remainders
vested, the of and in the said tract of land and premises whereof the said Thomas
Pﬁggaggm Clark is in any wise seized or entitled by virtue of or under the grant
pie. the and conveyance so to him thereof made by the said Oliver De Lancey
31322211’ f and Peter Du Bois in manner aforesaid, and all and every indenture
gustees 0f covenant grant agreement and reservation to him made and entered
eter . . . . .
DuBois, into with the said Thomas Clarke for or in respect of the said tract of
land by all and every his grantees and undertenants to whom he hath
granted and conveyed the same or any part or parcel thereof shall be
and hereby are fully and absolutely transferred and vested in manner
and form following (that is to say) one full and equal undivided moiety
or half part thereof in the people of this State, and the other full and
equal undivided moiety or half part thereof in such of the surviving
trustees of the creditors of the said Peter Du Bois as are or may be
capable in the law to'execute the said trust and on or before the twelfth
day of August next ShalLtake' an oath faithfully to account to the ‘peo-
ple of this State for the surplus of the monies arising from the moiety
of the said land and premises which shall remain in their hands after
paying the debts in the said schedule mentioned if any surplus there
shall be which oath shall be administerd by one of the judges of the
Supreme court and ﬁled in the secretery’s ofﬁce. And it shall and may
be lawfull for the people of this State, and for such of the trustees of
the creditors of the said Peter Du Bois as aforesaid respectively to have
and maintain seperate suits and actions in their own name severally for
the recovery each of the equal moiety of all or any of the said lands
and tenements, and the, rents, issues, and proﬁts thereof or reserved
thereupon which at and immediately before passing of this act were
vested in or forfeited or due and in arrear to the said Thomas Clarke
or which thereafter shall or may become forfeited or in arrear as fully
and amply as the said Thomas Clarke might or could have sued for or
recovered the same had this act never been passed.
Qommis- And be it fnrt/zer enaeted by tile ant/zorizy aforesaid That it shall and
igi‘ggifuigs may be lawfull for the commissioner of forfeitures forthe eastern dis-
PO 86" the trict of this State and he is hereby authorized and required to grant sell
interest of . . . .
the state and dispose of the estate right and interest of the people _of this State
}2nt§‘s°re_ in and to the moiety of the said lands and the rents issues and proﬁts
ferred to. thereof in the same manner as by law he may or ought to grant and
convey other lands and tenements belonging and forfeited to the people
within the said eastern district, and in like manner it shall be lawfull
for such trustees or trustee of the creditors of the said Peter Du Bois
to grant sell and dispose of the moiety of the right estate and interest
so vested in them of and in the said lands and tenements and the rents
Proviso; issues and proﬁts thereof provided always that no act or deed grant or
Zlfagéggtisn- release action or suit judgment or execution to be made executed sued
$16,323,550, or prosecuted on the part of the people of this State with respect to the
Peter said lands and tenements or the rents and proﬁts thereof shall in any
DuBois" wise affect the moiety thereof so vested in the trustees of the creditors
of the said Peter Du Bois or prejudice or bar any action or suit by
them to be commenced or prosecuted respecting the same and that no -
act or deed grant or release action or suit judgment or execution to be
done executed sued or prosecuted by or on the part of the trustees for
the creditors of the said Peter Du Bois with respect to the moiety of
the said lands and premises or the rents issues and proﬁts thereof so
vested in them shall in any way affect the moiety thereof vested in the
CHAP. 74.] EIGHTH sEssIoN. 141
people of this State or bar any action or suit by or Ior them to be
commenced or prosecuted respecting the same, but until partition shall
be made thereof the people of this State their grantees and assigns
shall be entitled to and have recover and receive one equal moiety of
the rents issues and proﬁts reserved on and payable out of the said
lands and premises and the trustees of the said Peter Du Bois their
grantees and assigns the other equal moiety thereof provided always Proviso;
that the said trustees of the creditors of the said Peter Du Bois shall gistitgndjffo'
faithfully account to the treasurer of this State for any surplus which trustees of
may remain in their hands after paying and satisfying the debts men- 32,5580?‘
tioned in the schedule annexed to the deed of trust from the said Peter $33,362:?’
Du Bois and also such proportion or dividend of the said estate as is or vested in
may be due to Henry White Isaac Low and john Tabor Kemp three them‘
of the creditors of the said Peter Du Bois named in the said schedule
their estate being forfeited to and vested in the people of this State by
attainder which proportion or dividend may be paid by the underten-
ants of the said Thomas Clarke proportionably in such certiﬁcates as
are receivable by law in the purchase of lands forfeited to the people
of this State, _
And a.’ it farZ/ier eizaez‘ed [2y i/ze azii/zorizj/ aforesaid That as a com- Gratuity
pensation' for the services and expences of the said ‘Thomas Clarke in 853%?
promoting the settlement of the said lands the treasurer of this State ,Selgices
pay to him the sum of ﬁfty pounds in specie and grant to him a certiﬁ- 5203662311
cate or certiﬁcates for one hundred and ﬁfty pounds which shall be gé'gt‘igfrllgit
receiveable in payment on the sale of conﬁscated estates. Prooidedalways of the
that the said Thomas Clarke shall previously pay to the said commis- :Zgsi‘w
sioner such of the rents and arrears of rents as the said Thomas Clarke as to '_
has received from any of the tenants aforesaid and which he has not {gnrjiiggl‘gs
paid or for which he has not accounted to the said Oliver De Lancey ‘Clarke and
and Peter Du Bois aizdprooided also that the said Thomas Clarke do pre- 33355;,
viously pay to the said commissioner such sum or sums of money as he fol‘-
shall or may have received in consequence of his sale of any of the said
lands on account of the tenants not paying their rents or not perform-
ing any of the covenants or agreements contained in any of the leases
granted to the said tenants. And that in such case the said Thomas Thomas
Clarke his heirs executors and administrators shall be ﬁnally discharged Clarke dis‘
from the covenants by him entered into with the said Oliver Delancey 2i} liability
. . . in
and Peter Dubois respecting the said lands. oui‘gnegm
to him.
CHAP. '74.
AN ACT for the relief of Ram Hertenburgh and john Carpenter.
PAssED the 20th of April, 1785.
WHEREAS Ram Hertenburgh of Oyster Bay in Queens county, hath 321132;;
by his petition to the legislature, set forth that on the thirtieth day of of lands in
March one thousand seven hundred and eighty-one, he did sell and 35532;“
convey unto jeromez Bennet, a certain messuage and farm in the said ilgeromgzt
county, that in part of the consideration money, he took a mortgage of 1.233%;
the said jeromez Bennet, on the said premises, situate, lying and being gffcllbglggliley
between \Volver-hallow and Mill River-hallow, butted and bounded as Waters,
follows vizt: Beginning at a stump eastward from the dwelling house gﬁgcygfd
on the said farm and on the north side of the high-way leading from COPCled
charged 01! .
142
LAWS OF NEW YORK. [CHAR 74.
gaging the WOlver-hollow to Town, at the corner of cleared land, thence running
Mortgage
.130 Ram
Herten-
burgh may
be reac-
knowl-
edged and
recorded
as of the
day of
its date.
Preamble;
mortgages
of lands in
Brooklyn
by John
Guest to
John Car-
penter and
George
Powers,
executed
and re-
corded
during the
war.
north forty-Six degrees west nineteen rods and ﬁve links of chain to a
red oak saplin marked, thence north thirty two degrees west, forty-one
rod, and about one half, thence west ﬁfteen rod, thence south twenty-
three rods, thence west forty eight rods, thence south one rod to a
forked black oak saplin, thence south forty-six degrees and two thirds
west seventy-one rods to a black oak stump, thence south east, about
ninety—nine rods and two thirds to the road leading from the said Wol-
verhollow, and thence running by the said road north easterly as the
road runs to the ﬁrst bounds or place of beginning, containing sixty six
acres and three quarters of land; which deed of mortgage was on the
twenty seventh day of February, one thousand seven hundred ‘and
eighty-three acknowledged before Valentine H. Peters, who then stiled
himself a judge of the court of common pleas, in and for the county of
Queens, and recorded in the register of mortgages for Queens county
by Samuel Clowes, who then stiled himself clerk of the said county;
that on the fourteenth day of March one thousand seven hundred and
eighty-ﬁve the messuage tenement and lot of land above described, was
again mortgaged by the said jeromez Bennet, and Mary his wife to
Nealey \Vaters of the said county of Queens, sister of the said jeromez
Bennet for securing the payment of one hundred and twenty-two
pounds eleven shillings and ﬁve pence and which last deed of mortgage,
hath, since the establishment of civil government in the southern dis-
trict of this State, been acknowledged and recorded in the register of
mortgages for Queens county by the present clerk of the said county;
and praying a law to conﬁrm the acknowledgment and recording of the
ﬁrst above mentioned mortgage, therefore
Be it enacted by the People of the State of New Yorh represented in
‘Senate and Assembly, and it is hereby enacted by the authority of the
same That the ﬁrst abovementioned deed of mortgage, executed by
the said jeromez Bennet to the said Ram Hertenburgh dated the
thirtieth day of March one thousand seven hundred and eighty-one,
shall immediately from and after the same may have been or shall be
duly acknowledged and recorded in the register of mortgages for
Queens county by ofﬁcers appointed under the Constitution of this
State, be deemed both in law and equity, to have priority to any deed
to any mortgage whatsoever of the premises, or any part thereof
described in the deed of mortgage aforesaid, executed by the said
jeromez Bennet to the said Ram Hertenburgh as aforesaid, which shall
or may have been duly executed by the said jeromez Bennet to any
person or persons whatsoever, subsequent to the day of the date of the
said mortgage to the said Ram Hertenburgh as aforesaid.
And whereas john Carpenter of the township of Broekelyn in Kings
county hath by his petition to the legislature, set forth, that in the month
of May one thousand seven hundred and eighty-one, he did sell unto
john Guest of the same town and county, a certain lot of ground at
Broekelyn ferry, bounded on the north east or in front by the road or
high-way, on the South west or rear by a lane or narrow street, on the
north West by an orchard or other land, heretofore belonging to Samuel
Hopson, and now owned by john Nostrand, and on the south east by
other lands formerly belonging to the said Hopson, and at present
owned by Stephen Baldwin, containing in breadth in front eighty six
feet, in rear eighty feet and in length on each side one hundred and ﬁfty
eight feet (be the same more or less) for the sum of twelve hundred
pounds; that at the time of the sale he received from the said john
Guest, payment of six hundred pounds in part of the consideration
CHAP. 75.] EIGHTH SESSION.
143
money, and for the residue thereof the said john Guest executed a bond
or obligation to him, in the penal sum of twelve hundred pounds, con-
ditioned for the payment of six hundred pounds with interest at seven
per cent. and bearing date the eleventh day of May, one thousand seven
hundred and eighty-one, and for securing the payment of the said sum
of six hundred pounds with interest as aforesaid, the said john Guest
by indentures of lease and release, bearing date respectively the tenth
and eleventh days of May, one thousand seven hundred and eighty-one
mortgaged the said premises to him the said john Carpenter, that on
the nineteenth day of june in the year one thousand seven hundred and
eighty-one, he the said john Carpenter, procured the said mortgage to
be dulyacknowledged before Cary Ludlow Esquire, who then stiled
himself and acted as master in chancery, under the authority of the
King of Great ‘Britain and on the twenty-seventh day of August one
thousand seven hundred and eighty-two, had the said mortgage duly
recorded by john Rapalie junr. Esquire, who then stiled himself and
acted as clerk of the said county of Kings, under authority also
derived from the said King of Great Britain: that on the eleventh day
of October in the year one thousand seven hundred and eighty-one, the
said john Guest mortgaged the said premises to one George Powers for
securing the payment of six hundred pounds with interest at six per
cent. That the said George Powers procured his said mortgage, after
being acknowledged, to be recorded by the said john Rapalie junr."
in the month of April one thousand seven hundred and eighty-three.
That the said George Powers likewise has, since the evacuation of the
southern district of this State by the British troops, procured his said
mortgage to be acknowledged and recorded by persons authorized for
that purpose under our present government, which the said john Car-
penter by his petition says he did not know was necessary and there-
fore prays relief in the premises.
Be it therefore etzaeted by the authority aforesaid, That from and after
the day of the date of the legal registry of the said mortgage executed
by the said john Guest to the said john Carpenter, the said mortgage
shall be deemed to have priority to any deed of mortgage whatsoever
executed by the said john Guest to any person or persons whomsoever
subsequent to the day of the date of the said mortgage executed as
aforesaid.
CHAP. 75.
AN ACT for the relief of persons improperly taxed.
PAssED the 20th of April, 1785.
Be it enacted by the People of the State of [Vew Yorh represented in
Senate and Assembly, and it is hereby matted by the aathority of the same,
That where any person shall have been taxed by virtue of the act enti-
tled “An act for raising £100,000 within the several counties therein
mentioned passed the sixth day of May one thousand seven hundred
and eighty four, who is not within the description of persons to be
taxed by the said law shall make proof thereof to the satisfaction of
the supervisors of the county where such person is taxed, at any future
meeting, the supervisors in such case shall allow such tax as a necessary
and sontingent expence of the county and charge the same to the town
manor district or precinct where such tax was laid and collected and
the treasurer of the county shall pay the sum so collected to such per
son so taxed as aforesaid upon the order of the supervisors for that
Mortgage
to John
Carpenter
may be re-
acknowl-
edged and
recorded
as of the
day of its
date.
Persons
improp-
erly taxed
under cer-
tain act
men-
tioned. re-
payment
erroneous
tax to; pro-
ceedings
for reas-
sessment.
144
LAWS OF NEW.YORK. [CHAR 75.
Proviso as
to jury to
determine
right of
claimant.
Collectors’
fees in
New York
city in col~
lecting tax
referred
to.
purpose together with the interest for the same from the time of collect-
ing the said tax, that in the city of New York where any person shall
make proof to the satisfaction of the mayor aldermen and commonalty
in common council convened of his being taxed and not being within
the description of persons designed to be taxed by virtue of the said
law, they shall allow and charge such tax as a necessary and contingent
expence of the city to be assessed and collected with the next tax
which shall thereafter be laid in the city, and laid and assessed upon
the persons of the description mentioned in the said act above men-
tioned as objects thereof, and residing in the ward in which the person
so taxed resided and when collected shall be paid to the chamberlain
of the said city and the said chamberlain shall by order from the mayor
aldermen and commonalty of the said city in common council con-
vened pay out of the monies to arise by such tax unto such person the
sum at which he was taxed and which was collected from him together
with the interest of the same from the time it was received by the col-
lector provided always that in case any person who shall conceive him-
self not within the description of persons liable to be taxed as afore-
said should be desirous of having a jury to investigate the facts
suggested by him it shall be lawful for the supervisors or the mayor
aldermen and commonalty respectively as aforesaid on the application
of the said person to issue a precept to the sherif of the city or county
in which the person so taxed may reside commanding him to summon
twelve freemen or freeholders of the city or county aforesaid to
enquire into the facts suggested by the person so taxed as aforesaid at
a day and place in the same mentioned and the said sherif having sum-
moned the same shall proceed with the said persons to enquire into the
facts suggested by the person so taxed and shall report the facts so
found by them under their hands to the supervisors and mayor or alder-
men and commonalty aforesaid and the said supervisors and mayor
aldermen and commonalty respectively shall determine upon the facts
reported to them whether the said person was within the description of
persons liable to be taxed or not as aforesaid and in case he was not
they shall proceed to give him relief in manner aforesaid and in case
the persons so summoned shall not attend at the time and place ap-
pointed in the precept aforesaid the sherif may summon them to attend
at some other day and place giving the person so taxed two days notice
of the same and the same fees shall be allowed to the sherif and jurors
for the business done in compliance with this act as they are allowed
on other civil inqiiests and shall be paid by the party who applied for
the inquest in case he should-be within the description of persons liable
to be taxed by the law before mentioned to be recovered by the sherif
who attended the inquest in any court of record having cognizance of
the same and in case he should not be within the description of persons
liable to be taxed as aforesaid then the costs shall be paid by him and
he shall have the same relief from the supervisors and mayor aldermen
and commonalty as is provided respecting the tax so paid by him as
aforesaid.
And w/zereas it is represented to the Legislature by the collectors of
the city and county of New York that the poundage allowed them is
not sufﬁcient to pay them for their services.
Be it enaeted by t/ze ant/zority aforesaid That the collectors for the city
and county of New York may retain in their hands four pence in the
pound for collecting the tax of one hundred thousand pounds assessed
in pursuance of the‘act entitled “An act for raising j£100,000 within
the counties therein mentioned,” any law to the contrary notwithstanding
CHAP. 77.] EIGHTH sEssIoN. ' 145
CHAP. '76.
AN ACT to explain two acts therein mentioned.
PASSED the 20th of April, 1785.
Be it enacted oy t/ze People of t/ze State of New York represented in Loan ofﬁ-
6, cers to
Senate and Assembly and it is lzerelry enaeted by t/ze authority of t/ze sain pay into
That nothing in the act entitled “ An act to enable persons to discharge treasury
debts due to this State for monies loaned while this State was a colony ggégiggeof
shall be construed or deemed to enable the loan ofﬁcers respectively or m‘Pney re-
ceived by
persons who have acted as such to pay into the treasury any species of them.
paper money, which shall not be the money actually received by them
respectively in discharge of the monies loaned while this State was a
colony, any thing in the said act to the contrary notwithstanding.
And w/zereas doubts have arisen on the ﬁrst section of the act entitled Preamble;
' ~ - ' - - doubt as to
An act Imposing duties on certain goods wares and merchandize im- construe-
ported into this State passed the eighteenth day of November one “Q” ofcer'
tain act.
thousand seven hundred and eighty four whether loaf sugar and rum
imported into this State manufactured in either of the United States
should pay the duty therein mentioned; to explain which
Be it fart/zer enacted oy t/ze ant/zority aforesaid, That the exception Loaf sugar
made in the ﬁrst enacting clause of the act aforesaid shall not be con-
strued to extend to loaf sugar or rum from paying the duty imposed Subject to
. . . - ut .
thereby notwithstanding such loaf sugar or rum be manufactured within thoﬁgh
. . I, _
the United States of America or any one of them. {$323
the United
States.

CHAP. 7'7.
AN ACT to enable Abraham Spier and john Spier surviving exec-
utors of the last will and testament of Abraham Spier late of
Richmond county deceased to sell and convey the real estate
of the testator for the payment of his debts and for other pur-
poses therein mentioned.
PAssED the 2Ist of April, I785.
Be it enaeted liy the People of t/ze State of New Yor/e, represented in Surviving
Senate and A ssernlily and it is lzerelry venaeted oyt/ze ant/zority of t/ze sanze, 31333;’?
That Abraham Spier and john Spier surviving executors of the last Paiglosfpler,
will and testament of Abraham Spier late of Richmond county deceased Richmond
shall be and hereby are authorized and impowered to sell and dispose
of all the real estate of the said Abraham Spier deceased and out of the sell real
monies arising therefrom to pay and satisfy the mortgages and incum— §Zt,?§$,,§,?,_
brances on the said real estate and the debts due to the other creditors and
of the said Abraham Spier according to their legal priority and to debts.
apply the residue of the monies arising from such sale or sales in such
manner as is directed in the said will.
Provided always that the said Abraham Spier and john Spier do and Proviso as
shall previous to their making such sale or sales give sufﬁcient security {,‘ggi‘t‘giify
by bond to the register or such other ofﬁcer of the court of chancery executors-
and in such sum as the chancellor of this State for the time being shall ,
by order of the said court direct for the faithfull performance of the
trust reposed in them.
VoL. 2.—— It)
.146
LAWS OF NEW YORK. [CHAR 79.
General
highway
act of 1784
extendedl
to Rich-
mond
county.
Preamble;
petition of
persons
named for
naturaliza-
tion-
Persons
named de-
clared citi-
zens on
taking
oath of al-
legiance.
CHAP. 7S. *
AN ACT to extend an act entitled “An act for the better laying
out regulating and ‘keeping in repair all common and public
highways and private roads in the counties of Ulster Orange
Dutchess Washington West Chester Albany and Montgomery,”
to the county of Richmond. -
PASSED the 21st of April, 1785.
Be it enacted by the People of the State of Y’Vew Yorh represented in
Senate and Assembly, and it is hereby enacted- by the authority of the same,
That the above mentioned act (which passed the fourth day of May
one thousand seven hundred and eighty four) be and is hereby
extended to the county of Richmond.
i GHAP. 79.
AN ACT to naturalize the persons therein named.
' PASSED the 22nd of April, 1785.
WHEREAS james Young, George Hunter, Thomas Huntington, Case-
mir Theodore Goerek, George Wray, Dudley Walsh, Henry Wadding—
ton, Noel jean Barberin, james Tillary, George Dennis, jacob Marck,
Frederick Kenough, Andrew Mayﬁeld Carshore, jeronimus Hoffman,
Henry Marx, George Brown, john Hoffman, john Hills, Samuel Chil-
letson, Lewis Cheller, Frederick Cheller, Henry Hooker, Rienier john
Van Der Broek, john BartholemeivYendes, john Gottfried Glagau,
john Michael Krouse, Samuel Chollet junior, john Kemp, Daniel
Zeeman, james Renwick, Robert Bruce, David Mitchelson, William
jeffers, Conrad Harriett, Frederick Myer, Carl Gilly, Henry Klapp,
Henry Frederick, Charles Struve, Bohl Bohlem, Pieter Mabe, Willem
DeWaal, Christian Smack, Alkan Abraham Van Ottingen, Peter Thorup,
Barrie Bowers, john Murray, joseph Wilks, Daniel Weydeman, james
Wilson, Christopher Lewis Lente, William Becking, joshua Wadding-
ton, john Michael Krouse, Herman Berens, Christian Snike and john
Chalmers, have by their several petitions prayed to be naturalized and
admitted citizens of this State, Therefore
Be it enacted by the People of the State of New Yorh, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That all and every of the above named persons, Shall be and hereby
are respectively naturalized, and shall from and immediately. after hav-
ing taken and subscribed in any court of‘ record within this State, the
oath of allegiance to this State, and abjured and renounced all allegi-
ance and subjection to all and every foreign king, prince, potentate, and
state, to all intents constructions and purposes whatsoever; and that the
courts in which any of the persons aforesaid, shall be admitted to the
oath aforesaid, shall cause an entry thereof, to be made in the record
of the said court, and shall give a certiﬁcate to such person, purporting
that such person hath been admitted to such oaths in the said court in
pursuance of this act; and the judges of the court where such record
shall be made, shall be entitled to demand and receive six shillings,
and the clerk of such court three shillings from each person to whom
such oaths shall be adminstred;
CHAP. 80.] EIGHTH SESSION. - 147
CHAP. 80.
AN ACT authorizing the auditor to audit certain accounts and
claims and for other purposes there .mentioned.
PAssED the 22d of April, 1785.
Be it enacted by the People of the State of New York represented in Auditor to\
Senate and Assembly and it is hereby enacted by the authority of the same
That the auditor of this State be and is hereby directed to liquidate the Udny
accounts of Udny Hay late State agent in the best manner he can, and 8.2%; late
to obtain from the said Udny Hay all the accounts and vouchers he gtfndtépitlild
has in his possession, with a particular account of the monies he has ties.
advanced to the deputies under him, and the said auditor is hereby
directed to charge each respective deputy with the amount of each
respective sum, and each of them respectively are hereby directed to
settle with the said auditor in three months from the passing this act.
And be it further enacted by the authority aforesaid That the respect- Deputies
ive deputies shall produce to the' auditor all the accounts and vouchers Z‘écgff’gt‘éce
respecting their agency, and they shall particularly make a return of all under
the certiﬁcates they have respectively issued to whom issued and to 3252,12?“
what amount and shall take the following oath or (if of the people
called Quakers afﬁrmation I do solemnly swear (or afﬁrm)
that the return herewith delivered to the auditor of this State is a just
and true return of all the certiﬁcates I have countersigned as deputy
under the State agent and that I have issued none but to persons from
whom I have actually received supplies or services performed for the
use of the army to the amount of the sum mentioned in such certiﬁcate
and that such supplies furnished were disposed of and services per-
formed were agreeable to the direction of the State agent and the said
return herewith delivered contains the whole number I have issued.
And be it farther enacted by the authority aforesaid That the said Manner in
auditor is hereby directed from the accounts delivered in by the said 31,331,181“;
agent and his deputies to examine and enter in a book alphabetically certiﬁcates
the names of all persons to whom certiﬁcates have been given by whom i)‘;- 235,22‘;
countersigned and for what amount a copy of which he is to deliver to gag???
the treasurer of this State and the said treasurer is hereby directed to Ventfraud.
enter in a book for the purpose the number of each certiﬁcate that is
paid in to him the name of the deputy who countersigned them name of
the person in whose favour the certiﬁcate was drawn and the amount
thereof and to carefully examine and compare the said account with
that delivered in by the auditor, and if on such examination he ﬁnds
any certiﬁcates paid in to him and for which there is no return made
thereof by the agent or any of his deputies it is hereby made the duty
of the treasurer to examine into every such case and where it appears
to him there has been certiﬁcates issued with an intent to defraud the
State the said treasurer is hereby directed to prosecute to effect every
such person who issued them.
And be it further enacted by the authority aforesaid That the auditor Allowances
in liquidating the accounts of the said State agent shall allow the said 2125365396
deputies in lieu of all pay and services as follows; for purchasing every
hundred weight of meal or flour one shilling every bushel of grain and
vegetable four pence per bushel every hundred weight of beef or pork
one shilling and six pence and twelve shillings per day for purchasing
hay while in actual service.
148 LAWS OF NEW YORK. [CHAR 80.
Balances Ana’ &e 2'! farZ/zer enacted a); Z/ze aaz‘lzorz'ziy aforesaid That all ballances
due depu- . .
tie? to be that may be found due to any or either of the deputies under the State
ggllgiéfl agent the treasurer is hereby directed to give every such person upon
cates. producing a certiﬁcate from the auditor a certiﬁcate for the amount
thereof bearing interest at ﬁve per cent per annum which certiﬁcates
shall be such as are receivable in the purchase of forfeited and conﬁs-
cated estates.
Where Ana’ w/zereas it is probable in the settlement of the said State agents
VOuCbeI‘S ' ' ‘ f f 1 d h
destroyed accounts that difﬁcultles may arise or want 0 vouc 1ers an papers t at
auditor to have been destroyed by ﬁre
- take direc-
tions from Be 2'! erzaez’ea’ That the auditor in the settlement of all the accounts
gff’Telg‘stl'ie with the said State agent & his deputies shall take his directions from
ture. the committee appointed by the legislature on the eighteenth day of
November last and shall state the said accounts in such manner as they
shall direct and shall for want of proper vouchers admit such evidence
as the committee may think proper and the said committee are hereby
authorized and directed to admit such evidence upon every particular
case as they may think proper and to adjust and settle all such accounts
upon the principles of equity and good conscience. '
Preamble; Ana’ w/zereas by an act entitled “An act for the settlement of the pay
of the levies and militia” passed the twenty seventh day of April one
31302;? thousand seven hundred and eighty four the ofﬁcers receiving certiﬁcates
1784. for services are directed within nine months to render a just and true
account of the delivery of the same with vouchers of payment and in
case any shall remain in his or their hands, shall return the same to the
said treasurer ana’w/zereas it has been represented to the legislature that
abuses have been committed by some of the ofﬁcers and the certiﬁcates
not delivered agreable to law, the said treasurer shall and is hereby
Treasurer directed to prosecute in three months after the expiration of the said
ggggrgi‘gm nine months in his own name in any court of record in this State hav-
quents- ing cognizance of the same every delinquent person and for the whole
amount of such sums for which certiﬁcates were issued and the treasurer
is hereby directed to require of every person returning such vouchers
and receipts to take the following oath before him or any justice of the
peace in this State that the receipts they respectively produce from the
individuals to whom the certiﬁcates belonged were bona ﬁde signed by
them or their legal representatives to the best of their knowledge and
belief which oath said treasurer is hereby authorized to administer.
Ana’ zu/zereas large sums of money have been advanced from time to
time in the course of the late war to persons who have not as yet
accounted for the same and other persons who have in their hands
monies for property by them sold belonging to the State; and as it is
. necessary that all such accounts should be immediately settled
Persons in- Be it enaez‘ea’ by Me aut/wrz'z‘y aforesaid That the treasurer of this
‘5155:5310? State do notify all persons who are indebted to this State in one or
accmmt- more news papers printed in the cities of New York and Albany for six
:ﬂibefore weeks successively to bring in their accounts and vouchers for settle-
ggrgfgefo ment on or before the ﬁrst day of October next and in case of neglect
outed. or refusal the treasurer is hereby directed to prosecute 1n hls own name
' to effect, every such delinquent person.
Auditor to Ana’ ﬁe z'z‘ farther enacted by the authority aferesaz'a’ That the auditor
2233333213} of this State by and with the consent of the committee appointed to
citizens assist the auditor be and is hereby authorized to liquidate and settle
35525332...“ any account or claim which any of the citizens of this State may have
giggdepu" against the said State agent or any of his deputies and the treasurer of
CHA P. 80.] EIGHTH sEssIoN. 149
this State is hereby directed upon certiﬁcate of the auditor to grant a
certiﬁcate for such sums respectively as may be found due.
And be it fart/zer enacted by the authority aforesaid That the collector Collectors
for the ports of New York and Sagg Harbour shall respectively produce
to the auditor of this State within two months from the passing of this account of. -
. lln Ol‘trﬂ-
act a true and just return on oath of all the goods wares and merchan- trolls and
dize subject to duty by the act passed the twenty second day of March fees-
one thousand seven hundred and eighty four entitled “An act imposing
duties on the importation of certain goods wares and merchandize, and
also a true and just return of all the fees received in each respective
ofﬁce and on a ﬁnal examination and settlement of each respective
account the auditor of this State is hereby directed to certify to the
treasurer the amount thereof and the treasurer is hereby directed to
call on each respective collector for the ballance of each account if any
be due.
And be it fart/ter enaeted by t/ze ant/zority aforesaid That the auditor Balances
of this State upon the settlement of each respective account where there $133,311?“
is a ballance due to the State, the committee appointed to assist the what’specie
said auditor shall with the auditor and treasurer or a majority of them {fifggi’m
determine how the said ballance shall be paid into the treasury and the 111336381161"
said committee with the auditor and treasurer are hereby authorized to '
examine and ascertain upon each particular account upon the principles
of equity and good conscience, and determine what ballances ought to
be paid in the paper money and other State securities and what in
specie.
And w/zereas great abuses have been committed by the treasurers
under the late colony in converting the public money to private uses by
which means the State have suffered great losses and it becomes the
duty of the legislature in future to provide against every such abuse
Be it enaeted by tile aut/zorizfy aforesaid that the committee appointed to Comrriittee
assist the auditor in the settlement ‘of the public accounts be and is to
hereby authorized and directed,to examine‘ into the accounts of the examine
treasurer of this State and his successors in ofﬁce and from time to time and at least once in every year to ascertain and fully ballance his urer-
account for‘the preceding year and once in every six months after pass-
ing this act they are hereby directed to ascertain and examine his cash
account and to see whether the ballance due to the State is actually in
the treasury and the said committee are hereby directed to lay a state
of the treasury before the legislature at their next meeting.
And be it fart/zer enaeted by t/ze aat/zority aforesaid That the fourth Certain
section of the act intitled An act for the regulation of sales by public auction passed the tenth day of February one thousand seven hundred repealed-
and eighty four be and is hereby repealed.
And be it fnrtber enaeted by t/ze ant/zorz'ty aforesaid That every vendue Auction-
master or vendue masters auctioneer or auctioneers, qualiﬁed and ‘giﬁggcgo
licenced is as by the before recited act directed and during the continu- 1&8 {edit-3 ,
ance thereof who shall sell and dispose of any goods chattles wares em 3'
merchandize or effects at public vendue auction or outcry shall within
twenty days after the expiration of every three months, the ﬁrst three
months to be computed from the date of the licence granted to such
vendue master or vendue masters, auctioneer or auctioneers respectively
render a just and true account in writing by him or them respectively
'with his or their name or names subscribed to the treasurer of this State
for the time being of all goods wares merchandize or effects by him or
them sold at public vendue auction or outcry from the time of his or
their appointment, or the time that the last account by him or them was
150 LAWS OF NEW YORK. [CHAR So.
rendered to the treasurer as aforesaid the amount of each days sale and
the days when the same were respectively sold and shall thereupon take
the following oath or (if of the people called Quakers) afﬁrmation
Form of I do solemnly and sincerely swear (or afﬁrm) that the account
3323,2368, now exhibited by me and to which I have subscribed my name contains
a just and true account of all the goods wares merchandize and effects
sold by me subject to duty by law within the time mentioned in the said
account and of the days upon which the same were respectively sold so
Time in help me God. And such vendue master or vendue masters auctioneer
$35,920 be or auctioneers respectively shall within ten days after the rendering of
Paid- such account and taking the said oath pay to the treasurer of this State
for the time being the amount of the duty upon such account of sales
by virtue of this act according to the true intent and meaning thereof
Fggylicsgbzrilslorouided always that it shall and may be lawful for such vendue master
eers residf or auctioneer whose residence shall be more than sixty miles from the
ma ata . city of New York, to render his said account, and to pay the amount of
stance . . . .
from New such duties as by this act he is directed to pay unto the treasurer of
York‘ this State, within twenty days after the expiration of every six months;
the ﬁrst six months to be computed from the date of the licence granted
to such vendue master or auctioneer.
Penaltyfor And be it further enacted by the authority aforesaid That if any auc-
gﬁﬁlggggg tioneer or auctioneers shall neglect or refuse to render in his or their
account or to pay the money due from him or them to the State for the
duties according to law the treasurer of this State shall and may in every
case of such neglect and refusal certify and publish the same in one or
more of the public news papers of this State and from the time of pub-
lishing such advertisement as aforesaid the licence of every such delin-
quent auctioneer shall be and is hereby declared to be revoked null
and void.
Quakers And be it further enacted by the authority aforesaid That when any
ggltigflfgfo person or persons that are intitled to the relief provided by the forty
der act ﬁfth section of the act entitled “An act for the speedy sale of the con-
ﬁscated and forfeited estates within this State and for other purposes
therein mentioned ” passed the twelfth day of May one thousand Seven
hundred and eighty four, are of the people called Quakei’s it shall be
lawful for them to afﬁrm instead of taking the oath therein prescribed.
Treasurer And be it further enacted by the authority aforesaid That the treasurer
335533;,“ of this State is hereby authorized and required to grant a certiﬁcate in
ggrbgggjé the usual form bearing interest at the rate_of ﬁve per cent per annum
hension of from the time such money ought to be paid as a bounty for apprehend-
deserters‘ ing deserters to any person or persons producing a certiﬁcate agreeable
to an act entitled “An act to encourage the apprehending of deserters
from the troops of this State serving in the army of the United States”
passed the ﬁrst day of july one thousand seven hundred and eighty
' one.
Tenants And be it further enacted by the authority aforesaid That it shall be
lawful for the commissioners of forfeitures, and for the late commission-
giéggffist ers of sequestration in the respective districts, and they are hereby
questra- directed to receive from the persons who are or were the tenants on
glgsflpgf‘iﬁli’n forfeited or sequestered estates for rents due from Such tenants respec-
certain tively previous to the ﬁrst day of April one thousand seven hundred
32$?‘ and eighty three, such certiﬁcates as are directed to be received in pay-
ment for forfeited estates by an act entitled “An act for the speedy sale-
of the conﬁscated and forfeited estates within this State, and for other
purposes therein mentioned” passed the twelfth day of May one
thousand seven hundred and eighty four; and that it shall be lawful for
CHAP. 80.] EIGHTH SESSION.
151
the late commissioners of sequestration in the several counties in this
State or any other person or persons properly authorized by law for
that purpose to take and receive in payment from any person indebted
to the commissioners for any article or articles heretofore sold by them,
any of the certiﬁcates aforesaid ——proz/ided that where rents are reserved Proviso.
in wheat the said commissioners are hereby directed to charge each
respective tenant at and after the rate of eight shillings per bushel
provided that such payments are made before the ﬁrst day of October
next; and also provided that no interest shall be allowed or computed
on the said certiﬁcates in their payments for the rents and articles sold
as aforesaid. _ /
And whereas in the thirty second clause of the act entitled “An act
to compel the payment of the arrears of taxes for enforcing the pay-
ment of [the arrears of taxes for enforcing the payment of*] ﬁnes and
amerciaments obliging sherifs to give security for the due execution of
their ofﬁces and for other purposes ” passed November the twenty sixth
one thousand seven hundred and eighty four no express authority is
given to the treasurer to sue for recover and receive of such sherif or
sherifs so accounting the money for which he may be so accountable
to the auditor of this State pursuant to the said thirty second‘clause of
the above mentioned act therefore
Be it further enacted by the authority aforesaid That the treasurer of Treasurer
this State for the time being be and he is hereby directed and empow- 03,2132‘;
ered tosue for recover and receive of and from each respective'sherif for
so accounting all such monies for which he shall in any wise be account- which they
able agreeable to the said thirty second clause of the above mentioned
act.
And whereas colonel Marinus Willet in the progress of the late war
and while he commanded a- body of the troops of this State conceived
it to be his duty, to take possession of and secure a considerable num—
ber of cattle and other effects the property‘ of some ofthe frontier
inhabitants who were removed from their habitations on account of
their attachments to the enemy the greatest part whereof hath been
applied to public uses and the remainder sold to individuals and it
appears from the representation of the said Marinus Willet, that he hath
taken receipts certiﬁcates and notes in his own name for the said cattle
and effects which receipts certiﬁcates and notes he is desirous to trans-
fer and surrender for the use of the people of this State therefore
Be it further enacted by the authority aforesaid That it shall and may
be lawful for the said Marinus Willet and he is hereby authorized and
required to render an account on oath to the auditor of this State of the
cattle and effects so by him or under his authority secured and taken in
manner aforesaid and of the application sale and disposal thereof, and of
all vouchers receipts certiﬁcates notes and money which he may have
received or become possessed of in any wise respecting the same and
shall thereupon transfer surrender and deliver up to the treasurer of
this State for the use of the people thereof all such vouchers, receipts,
certiﬁcates, notes and money, in order that such of the said cattle as
have been applied for the support of the troops or army may in due
mariner be charged and brought into account against the United States.
And that the former owners of the said cattle and other effects who are
entitled by law to satisfaction may have an opportunity of applying to
the legislature for the same.

may be
account-
able.
* So in original.
Col. Ma—
rinus Wil-
let may
account
' h audi-
tor for
cattle. etc.,
seized.
152
LAWS OF NEW YORK. [CHAR 81.
On comply-
ing with
above sec-
tion, Col.
Willet to
be dis-
charged of
liability
for seiz-
ures.
Prosecu-
tions
against
State agent
or deputies
suspended
until end
of next
session of
legislature.
Preamble.
Firing of
guns, pis -
tols, rook—
ets, squibs,
etc., on the
days
named
prohibited;
penalty.
Ana’ be it further enaez‘ea’ by t/ze auz‘lzerz'zfy aferesaz'a’ That on complying
with What is required by this act, the said Marinus Willet shall be and
he hereby is fully and absolutely indemniﬁed and saved harmless for all
and every his acts and proceedings touching the said cattle and effects
and -no suit or action in law or ‘equity shall be sued or maintainable
against him by any person or persons whomsoever for or in respect
thereof.
And it‘ fan-ﬂier eizaeteri by Z/ae aat/wrz'fy aforesaid That no actions
suits or prosecutions whatsoever commenced or hereafter to be com-
menced for or on account of the execution of the said ofﬁce of State
agent or by any of his deputies shall be deemed taken or carried into
effect against the said State agent or any of his deputies until the rising
of the legislature at the next meeting except where it is otherwise
directed by this act.
Zm
up
CHAP. 81.
AN ACT to prevent the ﬁring of guns and other ﬁre arms within
this State, on certain days therein mentioned.
PASSED the 22d of April, 1785.
WHEREAS great dangers have arisen, and mischief been done, by the
pernicious practice of ﬁring guns, pistols, rockets, squibs, and other
ﬁre works on the eve of the last day of December, and the ﬁrst and
second days of january; for prevention whereof for the future.
-Be 2'! enaez‘ea’ by the People of z‘/ze Sz‘az‘e 0f New Yark represented 2'12
Seezaz‘e and Assembly, and 2'! 2'5 bereby eizaez‘ea’ ' by ﬁle aaZ/zarz'z‘y 0f z‘lze same,
That if any person or persons whomsoever, shall ﬁre or discharge any
gun, pistol, rocket, squib or other ﬁrework, within a quarter of a mile of
any building, on the said eve, or days beforementioned, every such
person so offending, and being thereof congicted before any justice of
the peace, of the city or county where such offence shall be committed
either by the confession of the party or parties so offending, or the oath
of any one credible Witness, shall for every such offence forfeit the sum
of forty shillings with costs of suit, to be levied by distress and sale of
the offenders goods and chattles, by warrant under the hand and seal
of the said justice, before whom such conviction or convictions shall be
had as aforesaid, the one moiety of which forfeiture, to be applied to
the use of the poor, of the town or place wherein such offender shall be
convicted, and the other moiety to the use of the person or persons who
shall prosecute for the same and for want of sufﬁcient distress, whereon
to levy the same, every such justice is hereby impowered and required,
by warrant under his hand and seal to commit every such person or
persons, so as aforesaid offending, to the common gaol of the county
wherein the said forfeiture shall arise, there to remain without bail or
mainprize for the space of one month, unless such forfeiture or forfeit-
ures be sooner paid.
CHAP. 82.] EIGHTH sEssIoN. 153
CHAP. 82.
AN ACT to raise troops for the purposes, and in ‘the manner
therein mentioned.
PAssED the 22nd of April, .1785.
WHEREAS by resolutions of Congress of the ﬁrst, seventh and twelfth Preamble;
of April instant, this State is required to furnish one hundred and sixty ﬁve non-commissioned ofﬁcers and men, as its proportion of seven hun- for troops.
dred non-commissioned and men to be raised by the States therein
mentioned: And the troops so raised are to serve for the term of three
years unless sooner discharged, for the protection of the north-western
frontiers, to defend the settlers on the land belonging to the United
States from the depredations of the Indians and to prevent unwarrant-
able intrusions thereon, and for guarding the public stores: And that
this State do furnish one major, and as many other of the ofﬁcers in
the said resolutions required, as shall be proportionable to the number
of privates to be raised by the same. And it is provided by the afore-
said resolutions, that each ofﬁcer and soldier receive one month’s pay
after they are embodied before their march, and at the following rates,
that is to say, to a lieutenant colonel ﬁfty dollars, a major forty ﬁve
dollars, a captain thirty-ﬁve dollars, a lieutenant twenty six dollars, an
ensign twenty dollars, a serjeant six dollars, a corporal ﬁve dollars, a
drummer ﬁve dollars, a ﬁfer ﬁve dollars, a private four dollars, a sur—
geon forty-ﬁve dollars, and a mate thirty dollars; and that the secretary
at war, form the said troops ~when raised into one regiment consisting
of eight companies Of infantry and two of artillery, and make the other
necessary arrangements, subject to the order of Congress: ‘That the
said troops when raised, are to be 'paid clothed and subsisted by the
United States. In compliance with the said resolution therefore,
Be it enacted by t/ze People of tbe State of New York represented in Governor
Senate and Assembly, and it is bereby enacted by t/ze aat/zority of tbe same, Egrar'ffggflt
That the person administering the government of this State for the the Sioned ofﬁ-
time being, shall be, and hereby is authorized, by and with the advice ﬁﬁﬁiw re—
and consent of the council of appointment, to appoint one major, and troops-
as many other of the ofﬁcers in the before mentioned resolutions
required, as shall be proportionable to the number of privates assigned
to be raised by this State; and that the person administering the gov-
ernment as aforesaid, be also authorized to give directions to such of
the said ofﬁcers so appointed, as he shall deem proper, to recruit the
men to be raised as aforesaid; and that eight shillings for each man,
shall be allowed to the ofﬁcers who shall be employed in the business
of recruiting as aforesaid, and paid by the treasurer of this State to,
such ofﬁcers respectively, on their producing from the person adminis-
tering the government a certiﬁcate specifying the number Of men they
shall respectively have recruited in pursuance of this act, and which
shall have been mustered
And be it fart/ter enacted by ﬁre ant/zority aforesaid, That the ofﬁcers Troops re-
and men to be appointed and raised in pursuance of this act, shall, when gguslﬁgeté
embodied, on their march, on duty or in garrison, be subject to all {11188 of
. ate army
the rules and regulations formed for the late army, or such other rules, etc. ’
as Congress or a committee of the States, may form. Provided ne'ber- Proviso. as
t/zeless that nothing in this act shall be construed to authorize or justify Ujeﬁtgn'
VOL. 2. — 20
154 LAWS OF NEW YORK. [CHAR s3.
landsin any settlement under the United States in Congress assembled in or
$568513} upon any lands within the limits reserved for the jurisdiction of this
this State» State by the act of the cession made by the legislature to the said United
States, althof such lands may have been or hereafter may be purchased
from the Indians by the commissioners of the United States: Nor be
construed to bar or prevent the citizens of this State, from settling upon
and cultivating any lands within the said reserved limits under the
authority of the legislature thereof, altho’ such lands or any part thereof
may have been or hereafter shall be purchased from the Indians by any
commissioners of the United States: Nor be construed to prejudice the
right which this State hath to raise troops for defending and garrison-
ing their frontiers agreeably to the Articles of Confederation.
CHAP. 83.
AN ACT for incorporating the inhabitants residing within the
limits therein mentioned.
PASSED the 22d of April, 1785.
Preamble; WHEREAS the inhabitants of that part of Clavarack district herein
git'éﬁﬁgﬁf after particularly mentioned and described, with other inhabitants of the
§wk_La"£1- said district, have, by their petition, among other things represented to
ing, peti- . . . . . .
tion fol-in- the legislature, that a number of the said 1nhab1tants having commercial
gicgrll’f’m‘ objects in view, have emigrated from the neighbouring States; and pur-
chased a tract of land in the said district, adjacent to Clavarack land-
ing, and made, at a great expence, a settlement thereupon —— that they
intend carrying on an extensive commerce and that in order to facili-
tate their undertakings, and to enable them to regulate their own con-
cerns and internal police, to adjust such differences as may arise within
their own limits, and give stabillity and permanent security to their set-
tlement, have prayed, that the district of country contained within the
limits herein after particularly mentioned, might be seperated from the
said district of Clavarack, and that the inhabitants thereof might be
erected into a body politic and corporate, with such powers jurisdic-
tions privileges and immunities, as should be deemed requisite to answer
the beneﬁcial purposes, intended by such incorporation.
Ana’ whereas the legislature are inclined to give every suitable encour-
agement to the extension of the commerce of this State, and speedy
population thereof
District of I. Be 2'! enacted &y the People of 'z‘ﬁe State of New York represented in
country Senate and ,Assemaly, and i2‘ is ﬁereay erzaez‘ea’ Zzy z‘/ze aaZ/zarz'z‘y 0f Z/ze same‘,
named
§r<€gt;d_ty That the district of country contained within the following limits to wit,
1n 01
by the ’ Beginning at the channel of the Hudsons river in the county of Albany
11111320,} directly opposite the mouth of the creek commonly called major Abra-
hams creek, thence to and up the middle of said creek to the place
where the Clavarack creek empties into the said major Abrahams creek,
thence up along the middle of said Clavarack creek, until the said Clav-
arack creek strikes the line of the manor of Livingston as now held and '
possessed, thence along the line of the said manor of Livingston to the
east side of Hudsons river, thence into the said river one hundred and
eighty feet below high water mark, thence to the place of beginning
keeping the same distance of one hundred and eighty feet all along from
high water mark aforesaid be and is hereby seperated from the said
CHAP. 83.] EIGHTH SESSION. I 155
Clavarack district, and that all the freemen of this State inhabitants
within the aforesaid limits, be and hereby are ordained constituted and
declared to be, from time to time and forever hereafter, one body cor-
porate and politic in fact and in name, by the name of The mayor
recorder aldermen and commonalty of the city of Hudson, and that by
that name, they and their successors forever, shall and may have perpetual
succession, and shall be persons in law, capable of suing and being sued,
pleading and being-impleadied, answering and being answered unto,
defending and being defended in all courts and places whatsoever in all
manner of actions, suits, complaints, matters and causes whatsoever, and
of what kind or nature soever, and that they and their successors may
have a common seal, and may change and alter the same at their pleas-
ure, and also that they and their successors by the same‘name of The
mayor recorder aldermen and commonalty of the city of Hudson shall
be in law capable of purchasing, holding and conveying any estate real
or personal for the public use of the said corporation provided neverthe-
less, that all such'real estate shall lie, and be included within the limits _
of the said city of Hudson only, and not elsewhere, provided always, that $523,?’ as
it shall and may be lawful to and for all and every the citizens sojourn-glflililoi-églfnt
ers and travellers within this State, at all times forever hereafter to have ways by all i
the free use and enjoyment of all and every the high-ways, roads and
landing places within the limits of the said city, which have heretofore 161's-
been used and enjoyed as such, and that without any toll, claim or
demand of the said corporation for the same, or any other interruption
whatsoever ; or any alteration of such road or high-way without the con-
sent and approbation of the commissioners of the high-ways of the dis~
trict next adjoining to the said city, whose inhabitants shall make use of
such road or high-way (any thing in this act contained to the contrary
hereof in any wise notwithstanding.
II. And be it further enacted by the authority aforesaid, That there be, Oﬂicers or
and forever hereafter there shall and may be in and for the said city, the my‘
one mayor, one recorder, four aldermen, four assistants, one common
clerk, one chief marshal, one chamberlain, one supervisor, and as many
assessors, collectors and constables, as the common council of the said
city of Hudson hereinafter constituted and made, shall from time to time
deem necessary and direct to be chosen and elected, which supervisor
assessors collectors and constables so deemed necessary, and directed
to be chosen, shall forever hereafter be chosen and elected in the man-
ner and at the time and place hereinafter directed and appointed for the
annual election of ofﬁcers within the said city.
II I. And be it further enacted by the authority aforesaid That it shall Mayor, re-
and may be lawful to and for his excellency-the governor, or person Ej’grkeghd
administering the government of this State for the time being, by, and $322111):
with the advice and consent of the council of appointment, and he and appeinted
they are hereby authorised and required, within one month after the bythe gov’
. . _ _ ernor;
passing of this act, and yearly torever thereafter at such time as the powers.
said council shall be assembled immediately after the ﬁrst day of May $623,183,“
in every year, to nominate and appoint, out of the citizens and inhabit- Oﬂice-
ants of the said city of Hudson, one ﬁt and discreet person to be mayor
of the said city, and one ﬁt and discreet person to be recorder of the
said city, which said mayor and recorder after such appointments
respectively shall continue in their said respective ofﬁces, to do and to
execute all things, which to their said several ofﬁces doth, or may sev-
erally and respectively belong or in any manner appertain, until other
ﬁt persons be appointed and sworn in their room; and in like manner a
ﬁt and discreet person shall be appointed out of the said citizens and
156
LAWS OF NEW YORK. [CHAR 83.
Annual
election,
day of;
city ofﬁcers‘
be
t0
elected.
Treasurer
and cham-
berlain,
appoint-
ment of.
Officers of
city to take
oaths.
Penalty
for failure
of person
elected or
appointed
to qualify
and
act .
inhabitants, to be common clerk of the said city, who shall hold and
continue in ofﬁce during the will and pleasure of the governor and
council of appointment ; and also another ﬁt and discreet person shall
be appointed out of the citizens and inhabitants of the said city, to be
the chief marshal thereof, whose duty it shall be, to execute writs pro-
cesses and precepts to arise and be issued within the said city from the
courts and magistrates thereof in and about the administration of jus-
tice in the same manner as the sherifs of other cities and counties are
by law authorized to execute such writs processes and precepts; and
which chief marshal shall be from time to time‘ appointed, and shall
hold and exercise his ofﬁce for ‘such periods, as sherifs of other cities
and counties by law are or ought to be appointed, or may or ought by
law to hold and exercise their respective ofﬁces, which said mayor,
recorder, clerk and marshal shall be annually nominated and appointed
in manner and form aforesaid, until otherwise directed by the legisla-
ture. -
IV. Ana’ be it farf/zer e/zaez‘ea’ by Z/ze aaZ/zbrz'z‘y aforesaid, That on the
second Monday in May next and on the second Monday in May in
every succeeding year forever thereafter, the freemen of the said city,
being inhabitants thereof shall and may assemble themselves, and meet
together at such time of the day, and at such public place as the mayor
for the time being, or in his absence or sickness the recorder for the
time being shall appoint, and then and there by plurality of voices or
votes, elect and chuse out of the freemen inhabitants of the said city,
for the ensuing year,, four aldermen four assistants, one supervisor, and
such a number of assessors constables and collectors, as the common
council for the said city shall from time to time deem necessary and
direct to be chosen.
V. A 12a’ be 2'! farZ/zer eaaefea’ by file aaZ/zbrz'z‘y a fbresaz'a’, That the mayor
or recorder of the said city for the time being and two or more of the
aldermen and two or more of the assistants of the said city, shall and
may on the second Monday in May next, and on the second Monday
in May in every succeeding year forever thereafter in common council,
nominate and appoint one ﬁt person being a freeman and inhabitant of
the said city to be the treasurer and chamberlain of the said city for
the year ensuing, every of which said persons, as are herein before nom-
inated or hereafter to be nominated, elected and appointed to any civil
ofﬁce within the said city, shall within ﬁfteen days next after such ap-
pointment or election, respectively take and subscribe the oath of abju-
ration and allegiance now or hereafter appointed by law (or if of the
people called Quakers an afﬁrmation), and also an oath or afﬁrmation
as the case may require for the faithful execution of the ofﬁce to which
he or they shall so be appointed.
VI. Ana’ be it fart/zer eaaetea’ by Z/ze aaf/zarz'zy aforesaz'a’, That if any
one of the freemen inhabitants of the said city of Hudson shall hereafter
be elected or chosen to the ofﬁce of aldermen assistant supervisor or
assessor collector or constable for the said city, and having notice of his
said election shall refuse, deny, delay or neglect to take upon him or
them to execute such ofﬁce to which he or they shall be so chosen or
elected, that then and so often as it shall happen, it shall and may be
lawful for the mayor or recorder, or any two or more of the aldermen
and any two or more of the assistants of the said city for the time being
in common council to assess and impose upon every such person or
persons, so refusing delaying orineglecting, such" reasonable and mod-
erate ﬁne and ﬁnes, sum and sums of money as they in common coun-
cil shall think ﬁt,‘ so as such ﬁne for each refusal, denyal, delay or neg-
CHAP. 83.] EIGHTH sEssIoN. 157
lect, shall not exceed the sum often pounds current money of'New
York, all which said ﬁnes shall and may be levied by distress and sale
of the goods'and chattles of such delinquent and delinquents by war-
rant under the seal of the said city signed by the mayor thereof for the
time being, rendering the surplusage to the owner or owners thereof (if
any there be) necessary charges of making, and selling such distress
being ﬁrst deducted, or by action of debt in any court of record within
the jurisdiction of the said city having cognizance of the same to be
prosecuted, and shall be recovered and received by, and to the use of
the said mayor aldermen and commonalty of the said city, and their
successors forever.
VII. And be it fart/zer enacted by Me azct/iority aforesaid, That in all Recorder
such cases, forever hereafter of the absence sickness or death of the 33,393?“
mayor of the said city for the time being, it shall and may be lawful to, mayvrin
and for the recorder of the said city for the time being, to do and exe- 313$,
cute all and singular the duties and trusts to the ofﬁce of the said mayor glggfncei
belonging and appertaining, to all intents, purposes and constructions
whatsoever during the absence or sickness of such mayor or until a
successor be duly appointed and sworn. _
VIII. And be it fart/ter enacted by t/ce azct/zori/zy aforesaid, That if it yacencies
shall happen that any of the aldermen or assistants supervisor assessors, jl'ggvmﬁ‘j‘féd.
collectors or constables, or any one of them hereafter to be elected nom-
inated and sworn in their respective ofﬁces as aforesaid, shall happen to
die or remove out of the said city within the time they are or shall be
respectively named or elected for, or before other ﬁt persons be respect-
ively named or elected, and sworn in their respective rooms, it shall and
may be lawful for the freemen inhabitants within the limits of the said
city, to assemble and meet together at such time and place as shall be
appointed by the mayor of the said city for the time being, and then and
there by plurality of votes to elect one of the freemen an inhabitants
within the limits of the said city to serve as alderman assistant supervisor,
assessor collector or constable in the room of such alderman assistant
supervisor assessor collector or constable so dying or removing, and so
often as such cases shall happen, and in case of the death or’ removal of
the treasurer or chamberlain out of the limits of the said city, for the
common council to appoint another in his stead, at any time after such
death or removal; and that all and every such person and persons so
to be newly chosen or appointed and sworn, shall serve in their respec-,
tive ofﬁces, until other ﬁt persons be respectively chosen or appointed
and sworn in their respective rooms.
IX. And be it fart/zer enacted by t/ze aat/zority aforesaid, That the chief Chief mar.
marshal so to be nominated and appointed, and every marshal to be Zwégf’ame
thereafter nominated and appointed, shall, before he shall be deemed bond as
capable of executing his said ofﬁce become bound with such sureties, Shemﬁs
in such manner and under such penalty for the faithful discharge of the
duties of his ofﬁce, as the sherifs of other cities and counties are or
shall be by law directed and required to be bound for the faithful exe-
cution of their ofﬁces.
X. And be it fzcrt/zer enacted by t/ze ant/zority aforesaid, That the treas- Treasurer,
- collectors
urer collectors and constables to be hereafter chosen and appointed, shall and com
before they enter on the execution of their respective ofﬁces, respect— ggtvlgfgrfgs
ively give such security for the faithful discharge of the trusts reposed '
in them as the mayor recorder and common council of the said city
shall deem sufﬁcient. >
XI. And be it fart/ter enacted by t/ze aat/zority aforesaid, That the Common
_ . . . council.
mayor recorder aldermen and assistants of the said city for the time how com-
158
LAWS OF NEW YORK. [CHAR 83.
posed ' to
make y-
laws.
Proviso:
by-laws
not to con-
ﬂict with
any law 0
the State.
Proviso;
bye-laws
to be in
force but
one year.
Common
council,
meetings
of ; penalty
for non-at-
tendance.
being (whereof the mayor or recorder always to be one) be and shall
be forever hereafter called The common council of the city of Hud-
son, who, or the major part of them shall have power to make by-laws
relative to the public markets within the~said city, so as such by-laws
shall not extend to the regulating or ascertaining the price of any com-
modity, or article of provision which may be brought for sale within the
said city: relative to the streets and high-ways of the said city: relative to
nuisances within the limits of the said city: relative to the cleaning of
chimnies and preventing the said city from ﬁre: relative to the manner
of warning the meetings of the said city and the common council
thereof and the time and place where they shall be holden : relative to
a city watch: relative to bonds and secutities to be given by constables
collectors treasurers, or any other ofﬁcers of the said city for the faithful
discharge of the duties of such ofﬁce or offices: relative to the burial of
the dead: relative to the public lights or lamps of the said city: relative
to the restraining geese and swine going at large within the limits of the
said city: relative to the overseeing of the poor; and relative to any
thing whatsoever which may concern the good government and police
of the said city: Prem'a’ea’ that such by-laws be not contrary to or incon-
sistentiwith the constitution laws and statutes of this State, and that the
said common council of the said city for the time being, or the major
part of them, as often as they shall make ordain and publish such laws
for the purposes aforesaid, may make, ordain, limit and provide such
and the like pains punishments and penalties, ﬁnes and amerciaments,
upon, towards and against all and every person that shall offend against
such laws statutes rights and constitutions, or any or either of them as
by the said common council or the major part of them shall be thought
requisite to make, ordain, limit and provide for the observation and
preservation of the same laws statutes rights and constitutions, to be
prosecuted and recovered in any court of record within the jurisdiction
of the said city'having cognizance of the same by action of debt or
otherwise to the use of the said mayor aldermen and commonalty of the
said city of Hudson and their successors forever: frat/idea’ alsa that no
such by-laws shall continue in force longer than for the term of one
ear.
y XII. Ana’ be 2'! fart/zer enaez‘ea’ by Z/ze aai/zorz'zj/ afaresaz'a’, That the
common council of the said city, shall be summoned called and held
from time to time, so often and at such times and places as the mayor,
or in case of his sickness or absence, the recorder of the said city for
the time being shall think ﬁt to appoint or direct, and that it shall and
may be lawful to and for the said common council of the said city or
the major part of them to assess and lay such reasonable ﬁnes and
amerciaments in and upon every ofﬁcer and member of the body corpo-
rate aforesaid for the time being, who after having had due notice or
being duly summoned to appear or attend at any such common council
to be held for the said city, shall neglect so to do or make default
therein or shall not appear or attend according to such notice or sum-
mons in that behalf, or- shew a reasonable cause, (by the said common
council or a major part of them at their discretion to be allowed), and
so as often as such case shall happen, so that no such ﬁnes or amercia-
ments for any one default of appearance or' attendance of any such
ofﬁcer or member aforesaid shall ‘exceed the sum of twenty shillings in
the manner and form aforesaid to be levied for the use of the said mayor
aldermen and commonalty of the said city and their successors to be
recovered and received.
CHAP. 83.] EIGHTH SESSION. - 159
XIII. And be it further enacted by the authority aforesaid, That the Regulation
common council of the said city of Hudson for the time being or the ,afag'fam
major part of them have, and from time to time forever hereafter shall 001m-
. . . - 0 [31'0-
have full power licence and authority, to establish appoint order and vide for.
direct the making and laying out all other streets lanes ways alleys high-
ways water courses and bridges not already made or laid out, but also
the altering amending and repairing all such streets lanes ways ‘alleys
highways, water courses and bridges heretofore made or laid out, or
hereafter to be made or laid out in and throughout the said city limits
and precincts thereof in such manner as the common council for the
time ‘being or the major part of them shall think or judge to be neces-
sary and convenient for all inhabitants and travellers there: Proz'ided Proviso;
always that in all cases ,where the property of individuals is affected by Rfggi‘gdge
the laying out repairing or altering such streets ways lanes alleys high- in accord-
ways water courses and bridges as aforesaid, the said common council shall and do proceed according to the mode pointed out to the commis- fflrgggg f0!‘
sioners of highways for the county of Albany in and by certain acts of county.
the legislature in such cases made or to be made and provided.
And whereas a punctual and well regulated ferry across the river at
the said city of Hudson is of the utmost consequence to the good people
of this State at large. ' '_
XIV. Be it therefore enacted by the authority aforesaid, That the com- Ferry
mon council of the said city for the time being or the major part of them ‘I‘féggighe
from time to time and at all times forever hereafter shall and may have river, com~
full power and authority to settle, appoint, establish, order, direct and EFQOCSFJT
superintend and shall and may settle appoint establish order direct and “d6 for-
superintend, such and so many ferries from the said city, to the opposite
or western shore of the Hudsons river for the carrying and transporting
people, horses, cattle, goods and chattles across the said river in such
manner as the common council of the said city for the time being or
the major part of them shall conceive to be'most conducive for the pub-
lic good. Provided always, that nothing in this act contained shall Proviso;
extend or be construed to debar or deprive any of the citizens of this Qggéf’ey
State, of the property or possession of the soil on the eastern or western isting
. . . rights of
shore of any right which they now may or ought lawfully to enjoy or ferriage,
hereafter may obtain with respect to the priviledge of ferriage; nor shall
this act or any thing therein contained, extend to, or be deemed or
construed to debar or deprive any of the citizens of this State of any
other right or privilege (as to right of soil or ferriage) which any such
citizen now has or may lawfully have or enjoy, nor shall be deemed or
construed to debar or prevent Coenraedt A. Flaak of or from conveying
or carrying across the said river to and from either side of the said river
with a ferry boat, any person or persons, horses, cattle, goods or chattles.
XV. And be itfurtherlenacted by the authority aforesaid, That the said Public
mayor recorder aldermen and commonalty of the said city and their {'C‘,a§§‘;,t§5_
successor shall and may from time to time, and at all times forever {Sided for
ythecom-
hereafter have hold and keep a market or markets at such place or moncoun-
places within the limits of the said city, as the said common council for c“-
the time being shall appoint and direct on any or every day of the week
(Sunday excepted) and that the said mayor for the time being is and for
ever hereafter shall be (ex ofﬁcio) clerk of the said market or markets
of the said city, and water bailif for the same and that he shall have full
power and authority to'do and execute, and shall and may do and execute
forever hereafter within the liberties limits and precincts of the said city,
all and whatsoever to the said ofﬁces of clerk of the market and water
bailif doth or may respectively appertain and belong; and also that the
160 - LAws OF NEW YORK. [CHAR s3.
mayor of the said city for the time being, shall have full power and
authority, by and with the advice of the common council, to licence
and appoint, by warrant under his hand and seal, or otherwise for the
said city, one or more porter or porters carriers cartmen carmen,
packers cullers common criers schavengers, inspectors of lumber, and
also one or more surveyor or surveyors, measurer or measurers, guager
or guagers, beadles, garblers, bellmen, watchmen, bridewell keepers, or
keepers of a house or houses of correction and alms houses, and to dis-
charge the same at pleasure; provided that no gauger to be appointed
by this act, shall have authority to gauge liquors or molasses for ascer-
taining any duty to be imposed thereon by act of legislature unless
thereunto expressly authorized by law.
Brideweus, XVI. A 12a’ be z'z‘fart/zer elzaez‘ea’ by f/ze a/lf/zbrz'z‘y afbresaz'a’, That the said
houses of mayor, aldermen and commonalty, forever hereafter, have full power
correction, , . . .
and work and authority to erect and build one or more bridewell or brldwells,
Egéiﬁ'ﬁof, house or houses of correction work house or work houses, together
“0- with full power and authority to the said mayor recorder and alder-
men, or any one of them, to take up and arrest, or order to be taken up
or arrested all or any rogues vagabonds straglers and idle and sus-
picious persons, and as they the said mayor recorder and aldermen
or any one of them shall see cause to order any such rogues vaga-
bonds straglers and idle and suspicious persons, either to the said
work house, there to remain and work any time not exceeding thirty
days, or else to the house of correction, there to receive such corporal
punishment'as the said mayor recorder and aldermen or any three of
them, whereof the mayor or recorder to be one, shall think ﬁt such cor-
poral punishment not to exceed thirty nine stripes for any one offence,
and that the said mayor aldermen and commonalty and their successors
forever hereafter, may and shall have power to erect and build an alms
house for relief of the poor with as full power to order direct and reg-
ulate the aforesaid houses, and the persons to be put in and ordered
there, as to any city or corporation in any other part of this State and
and to the officers and ministers thereof doth or may belong. '
Gaols for XVII. A 12a’ be z'z‘farZ/zer e/zaez‘ed by ﬁre az/f/wrz'zj' afbresaz'a’, That the said
$12,332; mayor recorder aldermen and commonalty, and their successors forever
Ofmprison- hereafter may have one or more public gaol or gaols in such ﬁt place or
61°‘ places with in the said city and limits and jurisdiction thereof as by the
common council of the said city or the major part of them for the time
being shall be appointed to imprison and safely keep all and every per-
son and persons for any treason or treasons, murders felonies, trespasses,
evil doings, and all other matters and causes, to be arrested or attached
or to be committed to the gaol or gaols aforesaid in safe custody, there
to remain until they be delivered by- due course of law, and that the
common council of the said city for the time being or the major part of
them shall and may have power from time to time to chuse constitute
and place one or more ﬁt person or persons in the ofﬁce or ofﬁces of
keeper or keepers of the gaol or gaols aforesaid, to hold the same dur-
ing the pleasure of the common council of the said city for the time
being or the major part of them, and it is hereby empowered and com-
manded the keeper and keepers of the gaol and gaols aforesaid for the
time being, that all and singular traitors murderers felons malefactors,
disturbers of the peace, and other delinquents, and all others for any
crime and offence, or other reasonable causes or'matters to the gaol or
gaols aforesaid ordered or committed, or to be ordered or committed,
to receive, take, keep and cause to be kept in the same gaol or gaols,
until they shall be thence delivered by due course of law.
CHAP. 83. ] EIGHTH sEssIoN. 161
l
XVIII. And be it enacted by t/ze a'zct/zority aforesaid, That the mayor Tézvelrns,
recorder aldermen and commonalty of the said city and no other what- 3,355,631,15-
soever, shall have power to give and grant licences annually under the the mayor.-
. . . . recorder,
public seal of the said city, to all such persons as they shall think ﬁt aldermen
to licence to keep a tavern inn ordinary‘or victualling house, and to 3511,2013:
sell wine brandy rum strong waters cydef beer ale, or any other sort of
exciseable or strong liquors within the said city of Hudson or the liber-
ties and precincts thereof by retail or small measure, and that it shall
and may be lawful to and for the mayor recorder aldermen and com-
monalty of the said city to ask demand and receive for every such
licence by them to be given and granted as aforesaid, such sum or sums
of money as they, and the person to whom such licence shall be given
and granted, shall agree for, not exceeding the sum of sixteen shillings
for each licence, all which monies as by the said mayor recorder alder-
men and commonalty shall be so received, shall be used and applied to
the public use of the said mayor aldermen and commonalty of the said
city and their successors forever—and that every and each of which
licence shall continue and be in force for one year from the granting
thereof but no longer.
XIX. And be it further enacted by t/ze aat/iority aforesaid, That it Citizens
shall and may be lawful to and for the freemen citizens and inhabi- ,ﬁgggftgr
tants of the said city of Hudson at their annual meetings for election Cgmeteri',
of ofﬁcers, to vote any sum or sums of money to be raised which they 8 c’
may think proper and necessary for the purchasing any lot or lots of
ground within the limits of the said city for the purpose of burying the
dead, or for'erecting a court house and gaol alms house work house Or
house of correction, or for the purpose of the support and relief of the
poor within the limits of the said city. -
XX. And be it fart/zer enacted by the authority aforesaid, That it shall Mayor’?
and may be lawful to and for the mayor recorder and aldermen of the said 3123153351,;
city, or any three of them, whereof the mayor or recorder shall‘ always of’ etc-
be one, to hold, on the ﬁrst Tuesday in every month, one court of
common pleas of record, within the said city, to be called the mayors
court, which shall and may hold, plea, have cognizance of all and all
manner of plaints, suits, causes, trespasses, actions and demands what-
soever, personal and mixed, arising or accruing, within the said city
and the jurisdiction thereof, with full power and authority to hear and
determine all and every such actions and pleas, and judgment and exe-
cution thereon to render and award, and to proceed and act therein in
such manner and form, and by such and the like methods, process and
proceedings, as fully and amply, as in other courts of common pleas of
record, in and for the respective counties in this State, in like cases can
or may be acted done adjudged or determined according to the laws
and constitution of this State ; and it shall be lawful for the said
mayor’s court in every such term respectively to continue each term to
the day succeeding inclusively, or to adjourn the ﬁrst day of each term
to the next term, as the dispatch of the business to be depending
before the said court may from time to time render necessary or require.
XXI. And be it fart/ter enacted by t/ze aat/zorizy aforesaid, That the Clerk of
common clerk of the said city of Hudson for the time being, shall, and 31313;”
he is hereby forever declared to be, the clerk of the said court of record, 223%“
to do and perform all manner of acts and things within the city afore- '
said, the limits and jurisdictions thereof which to the ofﬁce of clerk of
the said court of record doth appertain and belong, and to receive,
demand, have collect and enjoy all fees perquisites and proﬁts, which
may to the ofﬁce of such clerk belong or appertain.
VOL. 2.-—2I
162 LAWS OF NEW YORK. [CHAR 83.
Certain XXII. Ana’ a 2'! further enacted Z2] Z/ze aza‘lzorz'zfy aforesaz'a’, That the
ofﬁcers of i -
city to common clerk, Chamberlain, marshal, constables, gaol keepers and all
32322,?“ other subordinate officers of and in the said city, who hereafter may be
court; exe- nominated, chosen, elected constituted and appointed, and every of them
333%‘; respectively, jointly and severally as cause shall require, shall be, and
hereby are commanded to be, obedient to and attend upon the judge
and judges of the court of the said city, and every or any of them, at
all times hereafter, according to the duty or obligation of their respec-
tive offices and places, and to execute all and every the commands pre-
cepts, warrants to them respectively directed and issued, and given out,
and to be issued and given out by the said court or any one of the
judges thereof, and that the said marshal, ministers and ofﬁcers of the
said city for the time being, shall and may, and they and each of them
is and are hereby authorized and commanded, to execute and return all
and every the process and precepts of the said court to them respect-
ively directed or to be directed, from time to time, and at all times, as
fully and effectually as any marshal minister or ofﬁcer of or in any city
or place within this State the precepts or processes of any court of
record therein hath used, or can or may execute and return in any man-
ner whatsoever.
Freemen XXIV. Aim’ ﬁe z'z‘ fart/zer enacted a)» the auz‘ﬁorz'ijl aforesaid, That all
$5,312,556 and every freeman, citizen inhabitant of the State of New York or any
Considered- other of the United States of America, who shall become inhabitants
within the limits and jurisdiction of the said city of Hudson, and who
shall have therein resided for the space of four months together and
shall continue therein to reside, & shall pay any taxes, and not be dis-
qualiﬁed by, law, shall be entitled to every freedom right privilege and
immunity of the said city, and be considered to all intents and purposes
a free citizen thereof.
'gélélsaagg a A 2212’ ﬁe z'z‘ ezzaez‘ed by t/ze auz‘lzorz'z‘y aforesaid, That this act be, and it is
public act hereby' declared to be a public act and that the same be and shall for-
ever hereafter he construed in all courts and places benignly and
favourably, for every beneﬁcial purpose therein intended.
Preamble; Ami w/zereas Thomas jenkins, Seth jenkins, David Lawrence, Heze-
ffg‘rdivggr kiah Dayton, Shubael Worth, joseph Barnard, Ezra Reed, Charles jen-
gliltgfom 0f kins, Benjamin Folger, Reuben Folger, William Wall, Nathaniel Green,
' Samuel Mansﬁeld, Cotton Gelston, john Thurston William Minturn,
Peleg Clark and Titus Morgan, have by their humble petition repre—
sented to the legislature that they have at a considerable expence pur-
chased the tract of land, formerly called the Clavarack Landing for the
purpose of establishing a commercial settlement, and that they have
built theroeon several wharfs and are about to build others, together with
a ship yard, and being apprehensive, that the land under the water,
below highwater mark, might at a future day, become the cause of dis—
sentions and disputes, and from a desire to preserve good order and
harmony among the citizens and inhabitants of this State, they have
prayed the legislature for a grant of the said land from high-Water mark
to the channel of the said river opposite the land so purchased. Ana’
whereas the prayer of the said petition appears to be reasonable.
(Illealpgvsazleg- Be it z‘lzerefore eaaez‘ea’ éyf/ze auz‘lzorz'zfy a faresaz'a’, That the said Thomas
in front or jenkins, Seth jenkins, David Lawrence, Hezekia Dayton Shubael Worth,
lands Pur‘ Joseph Barnard, Ezra Reed, Charles jenkins, Benjamin Folger, Reuben
$135335“ Folger, \Villiam Wall, Nathaniel Green, Samuel Mansﬁeld Cotton Gel-
233%,}, to ston, john Thurston, William Minturn, Peleg Clark and Titus Morgan,
them- and each and every of them, have, hold, use, occupy, possess and enjoy
all and all manner of right title interest property claim and demand
cHAP. 84.] EIGHTH SESSION. ' 163
whatsoever of in and to all the land lying under the water, and directly
opposite to the tract of land so purchased by them as aforesaid from
high water mark one hundred and eighty feet to the channel of the said
river in a course north ﬁfty-seven degrees west, to the sole use beneﬁt
and behoof of them the said Thomas jenkins, Seth jenkins, David
Lawrence, Hezekiah Dayton, Shubael Worth, joseph Barnard, Ezra
Reed, Charles jenkins, Benjamin Folger, Reuben Folger, William Wall,
Nathaniel Green, Samuel Mansﬁeld, Cotton Gelston john Thurston,
William Minthurn, Peleg Clark, and Titus Morgan and to their heirs and
assigns forever in severalty. Provided always, that nothing in this act Frovisoz,
contained, shall extend, or be construed to extend, or in any manner to ggi‘ioﬁac‘jg'
affect impede or interrupt the free navigation of the said river, or any g‘vgg public right or privilege heretofore held and enjoyed, by the good people peded.
of this State; or the private right or privilege heretofore lawfully held,
and enjoyed by any citizen or citizens of this State.
CHAP. 84.
AN ACT to enable the mayor aldermen and commonalty of the
city of New York in common council convened, to order the
raising monies by tax for the maintenance of the poor and
other contingent expences arising in the said city.
PASSED the 22d of April, 1785.
Be it enacted by the People of the State of New Yorh, represented in New York
Senate and Assembly, and 'it is hereby enacted by the authority of the same, That the mayor aldermen and commonalty of the city of New York in Publiqpur-
common council convened shall be, and hereby are, fully empowered posesm'
and authorized, as soon as conveniently may be, after the passing of
this act, to order the raising a sum not exceeding six thousand pounds,
by a tax on the estates, real and personal, of all and every the freehold-
ers and inhabitants within the city and county of New York to be
applied to the support and maintence of the poor of the said city and
county, the bridewell and the criminals from time to time conﬁned in
the prison of the said city and county, and to the repairing and main-
taining the public roads, and cleaning and improving the streets within
the said city and county; and also a further sum not exceeding four Tax for
thousand pounds, by a tax on the estates, real and personal of all and every the freeholders and inhabitants within the said city, on the south 1PM}? gf city
Side of a line, beginning at the out-let of the Swamp of Leonard Lis- ewe '
penard Esquire into Hudsons river, thence to and along the north Side
of the dwelling house of Nicholas Bayard Esquire, thence to and along
the north side of the dwelling house late of Thomas jones Esquire,
and thence to and along the north side of the dwelling house of Abra-
ham Cannon to the East river, to be applied to the payment of so many
watchmen as the mayor aldermen and commonalty of the said city and
county of New York shall think necessary for guarding the said city,
and also to the purchasing of oil, providing lamps, and repairing and
attending the lamps, which now are or hereafter may be erected within
the said city, and for the making, repairing and maintaining the public
wells and pumps within the said city, and defraying other contingent
expenses within the said city, which said Sums abovementioned shall
164 ' LAws OF NEW YORK. [CHAR 85..
be rated and assessed by the assessors according to the estate and
abilities to pay taxes, of each respective person so- to be taxed, that the
tax shall be raised and collected in one payment, and shall be assessed
by the assessors of the said city and county for the time being, and
levied and collected in the same manner as hath heretofore been accus-
tomed within the ‘said city and county, for levying and collecting the
tax for the maintenance and support of the poor and other contingent
charges within the said city and county, and that the said tax shall be
paid into the hands of the treasurer or chamberlain of the said city and
county for the time being, to be applied and disposed, of from time to
time in such manner and proportions for the purposes mentioned in
this act as the mayor aldermen and commonalty of the said city'shall
appoint and direct.
Assessors And be ii‘ fari/zer eizaez‘ed by l/ze azeZ/zoriiy aforesaid, That in case of
ﬁgr‘gfgﬁgfé any vacancy or vacancies in the ofﬁce of assessor or collector, or any
0? ‘recall? other of the usual ofﬁcers within the said city and county, requisite and
gléiégot necessary in and about the levying and collecting of taxes, however
such vacancy may be or may have arisen, it shall and may be lawful,
for the said mayor, aldermen and commonalty of the said city in com-
mon council convened, and they are hereby authorized and required,
to appoint a time for holding an election or elections to supply any and
every such vacancy or vacancies, and to cause due notice thereof in
writing to be given to the inspectors of the general election for the
ward in which the vacancy or vacancies aforesaid shall have happened,
and it shall be the duty of the said inspectors and they are hereby
directed and required thereupon to give at least eight days previous and
public notice to all persons entitled by law to vote at such election, of
the time and place of holding the same, and the said election shall be
accordingly held and conducted in the same manner to all intents and
purposes as the election for the ofﬁce so becoming vacant ought by law
Proviso; to be held and conducted. Provided always, that the clerks of the sen-
ggeggi‘egﬂd ate and assembly respectively, who being ofﬁcers of the legislature of
3x82353313’ this State shall not be obliged to serve in the ofﬁce of an assessor or
_ from act- collector by virtue of this act.
ing as as
sessor or
collector.
CHAP. 85.
AN ACT to vest the estate of William R. Van Cortlandt in
trustees for payment of his debts and other purposes.
PAssED the 23d of April, 1785.
‘Preamble; WHEREAS by the petition of the creditors and wife of the said
landt.
iv’ﬁi‘lpity of William R. Van Cortlandt it hath been represented to the legislature
1am R. , , , - . .
Van Cort- that the said William R. Van Cortlandt hath been a long time insane
and is still deprived of his senses, and now conﬁned in bedlam in the
State Pensylvania, that the said creditors are without relief without the
interposition of the legislature and that the present income of the estate
of the said William R. Van Cortlandt is insu‘fﬁcient to support his wife‘
and children; the petitioners have therefore prayed that a law may be
passed to authorize a sale of the estate. of the said William R. Van
Cortlandt for the payment of his debts and such other purposes as the
legislature should deem meet. -
CHAP. 85. j EIGHTH sEssIoN. 165
Be it enacted by t/ze People of t/ze State of New York represented in Estate of
Senate and Assembly and it is lzereby enacted by the aat/zoriiy of t/ze same lgguggrﬁ'
That all the estate real and personal of the said William R. Van Cort- landt _
landt be and the same are hereby vested in Peter Schermerhorn and 333536;“
Solomon Simpson of the city of New York merchants their heirs and gl’lrrggges
assigns who are hereby authorized and empowered as soon as may be therein
convenient to sell and dispose (for such considerations and in such named‘
manner as they shall think proper) so much of the said real and per-
sonal estate of the said \Villiam R. Van Cortlandt as shall be sufﬁcient
to pay and.discharge all his debts and to seal execute and deliver good
and sufﬁcient deeds and conveyances to the purchaser or purchasers
thereof which sale or sales so made by the said Peter Schermerhorn and
Solomon Simpson or the survivor of them or his heirs are hereby
declared to be good and effectual to all intents and purposes in law
and equity to vest all the estate right title and interest of the said
\Villiam R. Van Cortlandt and of the said trustees in the purchaser or
purchasers thereof and the said trustees and the survivor of them andv
his heirs are hereby further authorized directed and empowered to sue
for recover and receive all such debts and other personal property as
may be due and belonging to the said William R. Van Cortlandt and
on receipt of such money arising from the sale of the said real and
personal estate or collection of debts or other property as aforesaid. to
dispose thereof as follows, ﬁrst to pay and discharge all mortgages that
may be due on the said estate secondly to pay and satisfy all judgments
that may be docketted against the said William R. Van Cortlandt,
thirdly to pay the remaining creditors. But if the said monies should
be insufﬁcient to pay the last men-tioned creditors their whole demands
then to pay them respectively an equal part in proportion to the debts
due to them respectively. And the said trustees are hereby directed to
publish a notiﬁcation in one of the public newspapers of the city of
New York for three months successively requiring all persons having
demands against the said \Villiam R. Van Cortlandt to produce their
accounts to the said trustees, immediately after which they shall pro-
ceed to pay off such creditors as shall then have presented their demands
in the manner before mentioned.
And be it fart/ter enacted by the ant/rarity aforesaid That if there Balance
should remain any real estate after the payment of the said \Villiam R. §%{2?‘§;‘;?
Van Cortlandts debts as aforesaid, that then the same shall be to all ment of
intents and purposes revested in the said William R. Van Cortlandt or giffgaii‘
his heirs, in the same manner as the same was before the passing this $3,133,13-
law, any thing herein contained to the contrary notwithstanding. landt.
And be it fart/ter enacted by t/ze azct/iority aforesaid, That the said Eg‘lilisgees
trtistees shall before they exercise any of the powers to them hereby bond“,
given, ﬁle in the court of chancery a bond to the register or one of the chancery-
clerks of the said court in such penalty as the chancellor shall think ﬁt,
with a condition that the said trustees will well and faithfully discharge
the trust vested in them by this act, and render a just account of their
disposition of the said estate, when thereunto required.
And be it fnrt/zer enacted by t/ze azct/zority aforesaid That the laws Certain
respecting the payment of debts due to persons who had during the late l‘ggiyggw
war remained within the enemies lines shall not extend to any debtors ggtfltiggg
to the said William R. Van Cortlandt but that the same shall be paid as Van Cort-
if the said laws had never been made. landt-
166
LAWS OF NEW YORK. [Cl-IAP. 86.
Preamble;
premises
of Benja-
min Coe,
in Queens
county,
taken pos-
session of
and laid
waste dur-
ing the war
by Alexan-
der Grant.
Benjamin
Coe may
prosecute
heirs of
Alexander
Grant to
recover
damages
incurred;
mode of
procedure.
CHAP. 86.
AN ACT for the relief of Benjamin Coe.
PASSED the 23d of April, 1785.
WHEREAS Benjamin Coe of Newtown in Queens county hath by his
petition to the legislature set forth that a certain Alexander Grant did
take possession of his buildings and farm situate at Newtown in Queens
county aforesaid in the year one thousand seven hundred and seventy
seven, and that subsequent to his taking possession thereof the said
Alexander Grant was killed at Fort Montgomery when in the service of
the King of Great Brittain; and that the family of the said Alexander
Grant did occupy the said buildings and farm until about the time the
troops of the said king abandoned the city of New York. That great
waste and destruction were committed thereon by the said Alexander
‘Grant and his family and that altho’ the said Alexander Grant at the
time of his death was the proprietor of a large estate in this State, yet
as the legal representative or representatives of the said Alexander
Grant are not to be found in the State and are also unknown to the
petitioner, he must remain without remedy unless the legislature should
grant him relief.
Be it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly and it is bereby enacted by t/ze aat/zorz'ty of tbe same,
That it shall and may be lawful for the said Benjamin Coe his heirs
executors or administrators to ﬁle a declaration against the heirs execu-
tors, and administrators of the said Alexander Grant deceased, generally
and without naming such heirs executors and administrators in such
declaration, and proceed in like manner as is directed in and by the
act entitled An act to amend an act entitled An act for relief against
absconding and absent debtors and to extend the remedy of the act
entitled “An act for granting a more effectual relief in cases of certain
trespasses and for other purposes therein mentioned ” passed May fourth,
one thousand seven hundred and eighty four: and that the said Benja-
min Coe his heirs executors or administrators shall within ten days after
the ﬁling such declaration cause notice thereof to be published in two
or more public news papers printed in this State for ten weeks; and
that unless the legal heirs executors or administrators of the said Alex-
ander Grant shall enter his her or their respective appearance in such
action within six months from the date of such notice a judgment will
be entered against the heirs executors or administrators of the said
Alexander Grant in such action, and the said plaintiff shall therein be
entitled to recover his damages as well against the said Alexander Grant
as against his heirs executors administrators and devisees and each and
every of them as if they had been in such declaration and in this act
particularly named and designated.
CHAP. 87.] EIGHTH SESSION. 167
I
CHAP. 87.
AN ACT granting relief to certain insolvent debtors.
PASSED the 25th of April, 1785.
Be it enacted by the People of the State of New Yorh represented in Persons‘
Senate and Assembly, and it is hereby enacted by the authority of the same, 2iajgg%ene_
That the act entitled “An act for the relief of insolvent debtors within ﬂtofinsol-
this State ” passed the 17th of April I784, and another act entitled “An vent acts‘
act to revive and amend an act entitled “An act for the relief of insolv
ent debtors within this State ” passed the 24th of November 1784, shall
be and hereby respectively are revived and declared to extend to- the
.persons hereafter named, who respectively now are actually conﬁned in
one of the prisons of this State or are in the custody of the sherifs of
Dutchess or Queens counties where at present there are no prisons, that
is to Say, to Seth Harding, William Tapp, Robert Nisbett, john C. Phil-
ips, Enos Smith, Lewis Peffer, Kamp Ayres, Abraham Van Zile, Edward
Simmond, Edward Broadrick, Samuel jones, \Villiam Mason, Samuel
Provoost, joseph \Vood, jonathan Clark, Abijah Clark, Thomas Ocraft,
joseph Smith, David Cornwall, john Goddard, Richard Haight, john
Haley, Martin Foye, Anthony Morss, Samuel Hitchcock, Benjamin
Thorne, Charles Montcrief, Abraham Legget of the city of New York,
William Grinding, Lewis Herrington, james Arden, of the city of New
York bricklayer, Chas Romine, William Grifﬁth, Henry Conkling, jas
per jennings, William Allison junior, Robert Ellis, joseph Willis, Wil-
liam Sutton, Bartholomew Noxon junior, Obidiah Cooper, David Mills,
Matthew Halsey junior, james Webster, john Leveret Hudson, joseph
Corwin, Dirck I. Brinckerhoff, jeromes Van Voorheis, Gerard Cochran,
Nathaniel Tylee, Robert Gordon, Abraham Swartwout, Francis Mc-
Gaugy, Ezra Keeler, john Smith of Queens county, john Martin,
Increase Bennet, Adam Vandenbergh, Christopher Tompler, Henry
Webb, Gilbert \Vheeler, Thomas Stanbrough, Luther Hildreth, Henry
H. Van Salsberghan, john Thatcher, james O’Flaherty, john Bostwick,
Abraham Miller'of Bedford in the county of Westchester, Frederick N.
Saunder, Richard Woodcock, Lawrence Martin of Queens county, Paul
johnson, Ephraim Bostwick, Oliver Glean, james Carpenter of the city
of New York, joseph Sebring, Aaron Smith, Stiles Beardsley, Simon
Noachs, Peter Depond, Noah Dodge, Moses Darling, john O’Connor,
john Denney, john Howard, joseph Trow, Melancthon Lloyd Wool-
sey, and josuah Sands Senior of Queens county and to each of them
respectively, as fully and effectually as if they and each of them had
been in actual conﬁnement in any of the gaols within this State, at the
time of passing of either of the above said acts, or as fully and effectu-
ally as though they had been expressly named, in either of the aforesaid
acts, any law usage or custom to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, That john Leveret Persons
Hudson, Robert Gordon, Ephraim Bostwick, john Howard, \Villiam ggt’gegetge-
Tapp and Frederick N. Sander shall be entitled to all the beneﬁts of ﬁt Of acts,
although
this and the said recited acts as effectually as if they were now in actual not in act-
conﬁnement, in any gaol or prison in this State. Eggfifenn't
And be it further enacted by the authority aforesaid, That if any or False ac-
either of the abovenamed person or persons shall willfully give a false $555353,
account, of his or their estate or estates with an intent to defraud his ngrrpagg.
or their creditors, such person or persons so offending shall be guilty of for, y
168
LAWS OF NEW YORK. [CHAR 89.
Counter-
feiting of
certiﬁcates,
penalty for.
Counter-
feiting
gold or sil-
Yer coins,
penalty
for.
Preamble;
attainder
of execu-
tor of
David Pro—
voost, late
of New
York city.
felony, and being thereof convicted shall suffer the pains of death, with-
out beneﬁt of clergy. -
CHAP. 88.
AN ACT making it felony without beneﬁt of clergy to counter-
feit or forge or to pass knowing the same to be counterfeit any
of the public certiﬁcates of the United States or of this State,
or any species of gold or silver money now or hereafter to be
current in this State.
PAssED the 25th of April, 1785.
WHEREAS it has been represented to the legislature that various public
certiﬁcates issued under the authority of Congress and of this State
respectively, have lately been counterfeited and forged therefore
Be it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly, and it is bereby enaeted by t/ze aatlzority of t/ze sanze,
That if any person or persons shall be convicted of counterfeiting any
of the said certiﬁcates to the likeness and similitude of any of the genu-
ine certiﬁcates, or of counterfeiting any of the said certiﬁcates by alter-
ing the denomination thereof, in Order to encrease the value of the same,
or shall forge the name of any of the signers of such genuine certiﬁcates,
or shall pass or utter any such certiﬁcate or certiﬁcates knowing the
same to be counterfeited or forged as aforesaid, whether such counter-
feiting forging passing or uttering shall be done within this State or
elsewhere every such person or persons so offending and being convicted
thereof shall suffer death without the beneﬁt of clergy.
And be it enacted by tile aat/zority aforesaid That any person or persons
who shall hereafter counterfeit any of the species of gold or silver coins,
now current or hereafter to be current in this State Or shall pass any
such counterfeits knowing the same to be counterfeit, shall for every
such offence on being thereof convicted suffer the pains of death as in
case of felony without beneﬁt of clergy; any law usage or custom to the
contrary notwithstanding.
OHAP. 89.
AN ACT to vest the real estate of David Provoost deceased in
trustees for the purposes therein mentioned.
PAssED the 25th of April, 1785.
WHERE-AS the devisees of David Provoost late of the city of New
York gentleman deceased have by themselves or their respective agents
or guardians set forth that the said David Provoost did by his last will
and testament appoint David Mathews late of the same city his sole
executor with full and absolute power and authority at his discretion to
sell and dispose of the said David Provoost’s whole real estate not
therein specially devised. That by the attainder conviction and banish‘-
ment of the said David Mathews he is rendered forever incapable to
discharge the said trusts. That they the said devisees being numerous
and residing in parts remote vfrom each other and some of them infants
no amicable partition or sale can be made thereof whereby the same
remain in common among them to their great detriment and contrary
to the intent of the said testator. And having prayed that the same
‘CHAP. 89.] EIGHTH sEssIoN. 169
may be vested in trustees for the sale and division thereof which appears
to this legislature reasonable and proper. Therefore
Be it enacted by t/ze People of tire State of New York represented in Real estate
Senate and Assembly and it is /zereby enacted by t/ze ant/rarity of t/ze same giloQggggl
That all the real estate which was of the said David Provoost deceased vested in
at the time of his death within this State be and the same is hereby
absolutely vested in George Remsen Charles Crommeline and Aaron Sfjgijjsgggs
Burr and the major part of them, or the survivors and survivor of them, of his will.
who are hereby authorised to sell and dispose of the same in such man-
i ner to such person or persons and for such consideration as they may
think ﬁt and may deem most conducive to the interest of the devisees
of the said David Provoost and their representatives; and deeds and
conveyances thereof to seal and execute, which sales so made and deeds
and conveyances thereupon executed by the said George Remsen
Charles Crommeline and Aaron BUI'I' or the major part of them or the
survivors or survivor of them are hereby declared to be good and
effectual to all intents and purposes in law and equity to vest in such
purchaser or purchasers the whole estate and interest which the said
David Provoost had in the said real estate and every part thereof at the
time of his death; and upon the receipt ‘of the monies arising from
such sale‘ the said trusteees or the major part of them, or the survivors
or survivor of them shalllpay the same to the devisees of the said David
Provoost or their legal representatives or to the guardians of such devi-
sees or representatives as may be infants in the manner directed by the
said David Provoost in his last will and testament and agreeable to law.
Provided that the said trustees shall not by virtue hereof sell any estate Proviso;
in remainder and reversion or expectant on condition or limitation ﬁtteoiﬁslig
until such estate shall actually vest or such condition or limitation cease mainder.
or be fulfilled. 3590mm»
And providedfart/zer that no part of the said estate to which any one Trltlsgceesn
DO 0 86
person is entitled in fee in his own right in severalty shall be deemed to parts of
be hereby vested in the‘ said trustees or be liable to be by them sold by ‘siﬁ'tiiggtgne
virtue hereof, or any other how impeached. person is
And be it further enacted by the ant/zority aforesaid That the said .fkrllé’lfég‘} to
trustees shall before they exercise any of the powers to them hereby Trusteesto
given ﬁle in the Court of Chancery a bond in such penalty and with Ejleagzggyin
such surety as the Chancellor shall think ﬁt conditioned for the faith- ‘
full discharge of the trust and powers in them vested and to render an
account of the said estate when thereunto required.
Provided that the said trustees shall be deemed to be severally liable Proviso,
for their conduct and not 'ointl or one for the other or unless the trustees to
J y 2 Y be sever-
shall become voluntarily bound one for the other as surety. Egg'josg‘tlly
And be it enacted by the aat/zority aforesaid That the said trustees liable. ’
shall be allowed for their time trouble and expences in the exercise of Qompensa-
~ ‘ - tion 0
the trusts and powers hereby given and reposed in them at the rate of trustees“
two pounds for every hundred pounds upon the amount of all sales by
them to be made by virtue hereof. .
Provided that if either or all of the persons herein before named as Proviso, as
trustees shall neglect or refuse to take upon him or them the execution 3‘; $55,152:‘
of the trusts hereby reposed in them, or shall die before the same are 30 steﬁveior
discharged it shall be lawfull for the Chancellor upon application of any as]? “3,.
of the said devisees to appoint such other person or persons in the room fﬁged
or stead of him or them so neglecting or refusing or dying which per- '
son or persons so appointed shall upon ﬁling such security as aforesaid
be vested with all the trusts and powers hereby given to the trustees
herein before named.
VOL. 2.—22.
l
1
LAWS OF NEW YORK. [CHAR 90..
Annual ap~
propriation
bill
CHAP. 90.
AN ACT for the payment of the salaries of the several ofﬁcers
of government, and for other purposes therein mentioned.
PASSED the 27th of April, 1785.
Be it enacted by t/ze People of tbe State of New York, represented in
Senate and Assembly, and it is bereby enacted by t/ze authority of t/ze same,
- That the treasurer of this State shall out of the monies which now are
Governor.
Governor,
incidental
expenses.
Chancellor.
Chief jus-
tice.
Puisne
justices of
the su-
preme
court.
Secretary
ofthe
State, at-
tendance
on legisla—
ture and
council of
appoint-
ment.
Id.; copies
of laws.
etc.
Members
of the leg-
islature .
or hereafter may be in the treasury and not otherwise specially approx
priated, pay the following sums of money to the following persons to wit
To his Excellency the Governor for administring the government of
this State from the ﬁrst day of July last to the ﬁrst day of July next at
and after the rate of one thousand ‘ﬁve hundred pounds per annum.
To the person administring the government of this State for the
time being to defray the incidental charges which may arise in and
about the administring the government of this State such sum or sums
of money as he shall from time to time by warrant under his hand and
the privy seal of the State draw from the treasury of the State for the
purpose, not to exceed in the whole the sum of one hundred and ﬁfty
pounds
To the Honourable Robert R. Livingston Esquire Chancellor of this
State for his services in that station from the ﬁrst day of July last, to
the ﬁrst day of July next, at and after the rate of four hundred pounds
per annum.
To the Honourable Richard Morris Esquire Chief Justice of this
State for his services in that station from and to the respective times
aforesaid at and after the rate of four hundred and ﬁfty pounds per
annum.
To the Honourable Robert Yates and John Sloss Hobart Esquires,
puisne justices of the Supreme Court of this ~State respectively, for
their services in that station from and to their respective times afore-
said at and after the rate of four hundred and ﬁfty pounds per annum.
To the secretary of this State for attending the legislature during the
present session for the purpose of receiving the laws and for attending
the council of appointment from the ﬁrst day of July last to the ﬁrst
day of July next at and after the rate of twenty pounds per annum.
To the said secretary for his services in recording the laws making
copies thereof with marginal notes for the press, and making copies by
the direction of the governor, or of the senate or assembly, and for
engrossing the minutes of the council of appointment from time to
time, after the rate of one shilling and six pence per folio to consist of
one hundred and forty four words, agreeable to such, accounts thereof
as he shall produce audited as aforesaid.
To the several members of the Assembly and Senate for each and
every day they shall have severally attended in assembly or senate dur-
ing the present meeting of the legislature, and for each and every day
they shall have been or may be travelling to and from their respective
places of abode to the place of the meeting of the legislature, each the
sum of sixteen shillings per day, agreeable to such accounts thereof as
they shall respectively produce certiﬁed by the president of the senate
or the speaker of the assembly as the case may be ; the account of the
president of the senate to be certiﬁed by the clerk of the senate and
the account of the speaker of the assembly to be certiﬁed by the clerk
of the assembly.
CHAP. 90.] EIGHTH SESSION. 17!
To John McKesson Esquire clerk of the assembly and Abraham B. Clerks 0f
Bancker Esquire clerk of the senate for their services in their respective Egielegisla‘
stations during the present meeting of the legislature, each thirty shil-
lings per day, and for several sums by them severally advanced for the
use of the assembly and senate respectively the amount of such accounts
thereof as they shall severally produce, certiﬁed by the president of the
senate or Speaker of the assembly as the case may require.
To the treasurer of this State the sum of ﬁve hundred pounds, which Treasurer.
sum he is hereby authorized to retain out of any monies which may be
in the treasury, for his services from the ﬁrst day of July last to the
ﬁrst day of July next.
To the said treasurer the further sum of three hundred and thirteen Treasurer,
pounds ﬁve shilling and sixpence for his incidental charge and services; giggggg}
which sum he is hereby authorized to retain out of any monies which
may be in the treasury.
To the auditor of this State the sum of three hundred and ﬁfty Auditor.
pounds, for his salary for the present year.
To the secretary to his excellency the governor at and after the rate Secretary’
of one hundred and ﬁfty pounds per annum. §(’,$l;§m,,._
To the door keepers of the assembly and senate during the present Dourkeep~
meeting of the legislature each sixteen- shillings per day agreeable to fiergsiglgsgfm
such certiﬁcates thereof as they shall respectlvely produce certiﬁed by
the president of the senate or Speaker of the assembly.
Ana’ ﬁe 2'! furt/zer ezzaez‘ed ﬁy Z/ze azzz‘lzﬁrz'zfy afﬁresaz'd That it shall and Isaac
. . . - - \Vool, de-
may be lawful for the auditors to liquidate and settle the depreciation preciatiou
of the pay of Isaiah Wool and grant him a certiﬁcate therefor in the of Pay of-
same manner as if he had been particularly provided for in the act enti—
tled “An act to liquidate and settle the accounts of the troops of this
State in the service of the United States” passed the fourth day of
October one thousand seven hundred and eighty.
Aim’ ﬁe z'z‘ flﬁ'Z/lé’?’ e/zaez‘ed ﬁy f/ze azef/zﬁrz'zj/ afﬁresaz'd That it shall and Ebenezer
may be lawful for the said auditors to liquidate and settle the deprecia- 253,335,533-
tion of the pay of Ebenezer Young and grant him a certiﬁcate therefor of pay Of-
in the Same manner as if he was particularly mentioned in the said act
entitled “An act to liquidate and settle the accounts of the troops of
this State in the service of the United States passed the fourth day of
October one thousand seven hundred and eighty.
Ami ﬁe z'z‘ furZ/zer enacted ﬁy i/ze azzf/zﬁrz'z‘y aforesaid That the treas- Stephen
urer is hereby authorized and required to deliver unto Stephen Cross- 33551331“,
ﬁeld the plate (belonging to the said Stephen which was deposited with stored to-
the said treasurer by the commissioners of sequestration for the county
of Dutchess.
Ami ﬁe z'z‘ furl/lei" ezzaez‘ea’ ﬁy Z/ze azez‘lzﬁrz'zﬂ/ afﬁresaz'd That the treas- Surveyor
urer is hereby authorized and directed to pay unto John Lasher Esquire ggfrcher of
surveyor and searcher of the port of New York the sum of twenty three on of
pounds to enable him to procure a proper boat for the purpose of vis- £3’ £3?!"
iting all vessels coming into the port with goods wares and merchan-
dize subject to duties agreeable to the laws of this State.
And ﬁe 2'! furl/1e?’ enaez‘ed ﬁy t/ze auz‘lzﬁrz'zj/ aforesaid, That the treas-
urer of this State pay the following sums of money to the following
persons and to the uses following vizt. ~
To Samuel Loudon one hundred and sixty pounds for h1s ﬁrst half State
years salary as printer to the State. punter‘
To Simeon DeWitt Esquire surveyor general the amount of his Surveyor
account for his services in procuring extracts from the records and fgfggi'ing
patents in the secretary’s ofﬁce and other public ofﬁces and protracting extracts
172
LAWS OF NEW YORK. [CHAR 90.
from the
records.
John Mc-
Donald,
services
duri in: the
war.
Christo-
pher
Colles, for
removing
obstruc—
tions in
the M o-
hawk river.
Capt. John
\Vood, ad-
vances to,
to be in—
dorsed on
certiﬁcates
issued.
Daniel
Dunscomb,
additional
compensa-
tion to,
for services
during the
war.
1d.; com-
pensation
of assist-
ants.
Brinton
Paine, re-
payment
to, of mon-
ey ad-
vanced to
prisoners
in New
York.
Mai-Gen.
McDougall
and others,
balances
due to: to
he paid to
Michael
Conolly.
the boundaries of the said patents and making maps thereof for the use
of the State, to be audited by the auditor who shall allow the said‘sur-
veyor general at the rate of twenty shillings per day for the said ser-
vices.
To john McDonald employed as a miner by this State during the
late war (in exploring lead mines pursuant to certain resolutions of
Congress on that subject the sum of ﬁfty pounds as a reward for his
faithful services in that business, and charge the same to the account of
the United States.
To Christopher Colles ﬁfty pounds for the purposes of enabling him
to make an essay towards removing certain obstructions in the Mohawk
river and to exhibit a plan thereof to the legislature at their next meet-
ing; and for which he shall be accountable to the treasurer of this State.
And be it fart/zer enacted by Me ant/zority aforesaid That the treas-
urer of this State be and he is hereby authorized and directed to pay
out of any monies in the treasury unappropriated to Captain john WVood
the sum of two hundred pounds to enable him to discharge his debts
contracted while we was a prisoner in Canada to be endorsed on the
certiﬁcate which he has received from the treasurer for his pay.
And w/zereas the legislature by an act entitled “An act for the pay-
ment of the salaries of the several ofﬁcers of government and of certain
contingent expences and for other purposes therein mentioned ” passed
the twelfth day of May one thousand seven hundred and eighty four
did authorize the treasurer to grant unto Daniel Dunscomb a certiﬁcate
for the sum of twenty pounds for his services in collecting the lead from
the houses of many citizens of New York by Order of the convention
of this State and ztI/zereas it is conceived that the said certiﬁcate is
inadequate to compensate the said Daniel Dunscomb for his services
aforesaid. '
Be it fnrt/zer enacted by t/ze aat/zority aforesaid That the treasurer of
this State shall be and he is hereby authorized and required in lieu of
the said certiﬁcate and as a full compensation for all the services of the
said Daniel Dunscomb respecting the said business to pay unto the
said Daniel Dunscomb at the rate of twenty shillings per day for his
said services to be audited by the auditor of this State upon such evi-
dence as shall be satisfactory to the auditor.
And that the said treasurer shall also pay such additional sum as
shall be audited for the labour and services of such persons as were
necessarily employed in the said business and who were not at that time
entitled to receive payment from the public for any other services.
To Brinton Paine such account as he shall produce certiﬁed by the
governor, and audited by the auditor of the State for monies borrowed
by him and furnished to the prisoners in New York, in the year one
thousand seven hundred and seventy seven, and one thousand seven
hundred and seventy eight while he was a prisoner at New York, and
that the treasurer charge the same to the account of the United States.
And it shall be lawful for the treasurer of the State and he is hereby
directed to pay unto Michael Conolly such ballances as may be due
unto Major General McDougal Brigadier General Clinton and such of
their respective suits as are inhabitants of this State, to john Gano
chaplain, and to the late troops of this State in the service of the United
States, on account of their pay from the months of August, September,
October November and December one thousand seven hundred and
eighty, whenever the said ballances are ascertained, to be by the said
Michael Conolly applied to the payment of the said ballances due to
the respective persons as aforesaid; and which ballances shall be paid
CHAP. 90.] EIGHTH SESSION.
173
out of any unappropriated monies which may be in the treasury after
the sum required by Congress and ordered to be paid by an act entitled
“ An act directing the treasurer of this State to pay in to the treasury
of the United States, 147,7343795 dollars, is fully discharged.
And be it fart/ter enacted by the aat/zority aforesaid That the said
Michael Conolly before he shall be entitled to receive from the treas-
urer any money on account of the ballance aforesaid shall enter into
bond to the said treasurer; with two sufﬁcient sureties such as the said
treasurer shall approve, in the penal sum of ten thousand pounds law-
ful money of this State, with a condition thereunto annexed, well and
truly to pay the monies he shall receive to the persons respectively
aforesaid or their respective executors administrators or assigns within
nine calender months from the time he shall receive the same.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid, That the said
Michael Conolly shall deliver an account on oath of what monies he
shall have paid to the respective persons aforesaid, with the receipts of
such payments, unto the treasurer aforesaid on or before the expiration
of ten months after he shall have received the said money from the
treasurer, and the said Michael Conolly shall also at the same time
return into the treasury of the State, such sums of money as may remain
in his hands for which he doth not produce receipts for the payment of.
And it is hereby made the duty of the treasurer in case of neglect or
refusal of the said Michael Conolly to deliver the said receipts and pay
the ballance as directed, to prosecute the said Michael Conolly in any
court of record in this State having cognizance of the same for the
whole amount of the above mentioned bond.
And w/zereas james Fairlie appointed agent by the council of appoint-
ment by virtue of an act entitled “An act to facilitate the settlement of
the accounts of the United States within this State ” passed the twenty
seventh day of April one thousand seven hundred and eighty four, to
aid and assist the claimants in stating their accounts and demands to
the commissioner appointed by congress to liquidate and settle the
accounts of the inhabitants of this State with the United States. And
w/zereas it is conceived that such agent is unnecessary. Therefore
Be it enacted by t/ze aat/iority aforesaid That the said act entitled “An
act to facilitate the settlement of the accounts of the United States
within this State” passed the twenty seventh day of April one thousand
seven hundred and eighty four, so far as it respects the appointment of
sue-h agent as aforesaid, shall from and after the sixth day of May next
be and hereby is repealed, and the ofﬁce of the said agent is thence-
forth declared vacant.
W/zereas Isaac Everet junior a serjeant in Colonel Henry Ludintons
regiment of militia was ordered by the committee of Fredericksburgh
precinct on the twenty ninth day of March one thousand seven hundred
and seventy eight to apprehend a person who was deemed dangerous to
the liberties of the United States, but in the execution of the said order
he was taken prisoner at the White Plains by the late enemy, and con-
ﬁned four months in prison at New York, where he suffered much by
his imprisonment
Be it enacted by t/ze azct/zority aforesaid That the treasurer pay unto
the said Isaac Everet junior, the sum of twelve pounds, as a full com-
pensation for his time and sufferings while in conﬁnement.
And be it further enacted by t/ze azct/zority aforesaid That the treas-
urer pay unto Abraham B. Bancker and john McKesson Esquires clerks
of the senate and assembly, the amount of such accounts thereof as they
shall produce, audited by the auditor of this State, to enable them to
Michael
Conolly to-
give bond
to treas-
urer.
Michael
Conolly to
account
for
moneys
Within ten
months.
Agent to
assist
claimants
in settling
accounts
with
United
States,
ofﬁce abol-
ished.
Isaac
Everet,
compensa-
tion for,
while a
prisoner.
Clerks of
legislature,
for inci-
dental ex-
penses.
174
LAWS OF NEW YORK. [CHAR 90.
‘Cornelius
Ja: Scher-
merhorn ,
for appre—
hending a.
criminal.
Samuel
Townsend,
compensa—
tion for,
while a
prisoner.
Adam
D0bbs,bal-
ance due,
as keeper
of Sandy
Hook light.
.John Day,
for prop-
erty ille-
gally taken
from him
by com-
missioners
of seques-
tration.
Rozina
Rush,
judgment
for, against
persons
named,
vacated.
discharge the expence of making repairs in the senate chamber and
exchange, and the other expences necessarily accrued in providing
chairs, wood and candles for the senate and assembly, at the present
meeting. '
And in pursuanceof concurrent resolutions of the senate and assembly
on the twenty eighth day of October one thousand seven hundred and
seventy eight, offering a reward for apprehending Thomas Wood junior,
Be it fart/zer enacted by t/ze ant/corny aforesaid That the treasurer of
this State pay unto Cornelius Ja: Schermerhorn of the county of Albany
twenty four pounds as a full reward for his vigilance and trouble in
apprehending and conveying to prison the said Thomas Wood junior,
whereby he was brought to justice.
W/zereas it appears to the legislature that Samuel Townsend late
a deputy State agent, while in the service of this State, was taken pris-
oner and brought into New York and conﬁned near twelve months in
prison; and it is reasonable that a compensation should be made to
him in the premises
Be it enacted by Me ant/zority aforesaid That the treasurer of this State
pay to the said Samuel Townsend the sum of two hundred and twenty
eight pounds sixteen shillings.
Be it fnrt/zer enacted by tile ant/corny aforesaid That the master and
wardens of the port of New York are hereby authorized to pay unto
Adam Dobbs the ballance that shall be due to him for his salery for
taking care of the light house at Sandy-hook previous to the late war,
agreeable to such account thereof as he shall produce, audited by the
clerk of the said master and wardens.
And be it further enacted by t/ze aat/zorizy aforesaid That the treasurer
of this State shall and he is hereby required to give a certiﬁcate, on
interest at ﬁve per cent per annum, to John Day for such sum as the
said John Day has obtained a judgment against Martin Wiltsie in the
Supreme Court of this State for a petteauger sold by the commissioners of
sequestration of the county of Dutchess in the year one thousand seven
hundred and seventy seven to the said Martin \Viltsie, on the said John
Days producing a certiﬁcate to the treasurer from the clerk of the said
court of the sum for which judgment was obtained as aforesaid, and the
said certiﬁcate shall be receivable in‘ payment for forfeited estates and
unappropriated lands within this State; and all further proceedings
shall be and are hereby stayed in the said suit against the said Martin
Wiltsie for the petteauger aforesaid.
I/V/zereas it appears to the legislature that Rozina Rush has recovered
a judgment or judgments in the supreme court of this State against
Garret Ackerson, Isaac Coe, and John Deronde; for taking, and deliv-
ering a number of cattle to the commissioners of sequestration for the
county of Orange, which cattle were forfeited to the people of this State
by the conviction of John Rush, husband of the said Rozina Rush.
And w/zereas sufﬁcient reasons have been assigned to the legislature to
relieve the said Garret Ackerson, Isaac Coe, and John Deronde from
the said judgment or judgments.
Be it enacted by t/ze aat/zority aforesaid That the said judgment or judg-
ments obtained in the supreme court in favour of the said Rozina Rush
against the said Garret Ackerson, Isaac Coe, and John Deronde ‘respec-
tively, shall be and hereby is and are declared to be vacated and of no
effect and that no further proceedings be had thereon.
Wbereas by the act entitled “An act for the appointment of com-
missioners to procure monies'on loan and cloathing for the use of this
State,” passed the 7th day of March 1781, the faith of this State was
can». 90.] EIGHTH SESSION. . . 175
pledged to the said commissioners for such compensation for their ser-
vices and expences in the execution of their trust, as to the legislature
should appear just and reasonable: Arid w/zereas no provision hath as
yet been made for that purpose therefore
Be it fZH’f/ZW" elzaez‘ed ﬁy z‘ﬁe aaZ/zoriz‘y aforesaid, ‘That there shall IsaacRose-
be allowed to Isaac Rosevelt and William Floyd Esquires, the acting commissioners, each the sum of one hundred pounds as a compensation Floyd. ser—
. . . . . vices dur-
for the1r services and expences 1n and about the said business; and the ing the
treasurer of this State, is hereby required to pay the same out of any War-
monies unappropriated which may be in the treasury.
And w/iereas by the twenty-ﬁfth section of the act entitled “An act
for raising £100,000 within the several counties therein mentioned"
passed the sixth day of May one thousand seven hundred and eighty-
four, it is provided that any of the supervisors, of the city town manor
district or precinct wherein any lands lie belonging to absentees and
which are or may be advertised for sale conformably to the said act
shall proceed to sell and give deeds for the same and ‘whereas there is
no supervisors in the city and county of Ne“,r York. ~
Be it eizaez‘ed ﬁy Z/ze auz‘lzorizfy aforesaid That in all cases Where such Mayor, re-
sale is carried into execution it shall and may be lawful for the mayor giggggggd
recorder and aldermen of the said city, or any two of' them whereof the .Of New,
. . York city
mayor or recorder to be one, to do and perform the duties requ1red of to perform
the supervisors (respecting the sale of the lands aforesaid) by the said guug’grgfsors
section of the act aforesaid. under act
A/zd ﬁe ii‘ fzu'Z/ier elzaeled ﬁy Z/ie azet/zorizj/ aforesaid That it shall and gfsslgzgim
may be lawful to and for the treasurer of this State and he is hereby setts’
authorized and required to advance and pay to the agents appointed ﬁggnfggrgm
by law for managing the controversy depending between this State and Ont’he part-
0 this
the Common wealth of Massachusetts, on the order of any two or State,
more of them out of any money in the treasury a sum or sums not ex-
ceeding in the whole four thousand pounds to defray the quota of this
State of the expences which shall arise in the collection of evidence
and the management trial and determination of the said controversy,
and the fee of such council as are or may be employed therein, for
which the Said agents shall be accountable. And it shall be lawful for
such of the said agents respectively, as shall attend the said trial to
retain in their hands at and after the rate of eight dollars for every day
they shall respectively and actually be absent from their homes on the
said business, for their expences, exclusive of such reasonable provis-
ion as the legislature shall make for their services.
And w/iereas \Villiam Paulding Esquire late a purchasing commissary
under the authority of this State did in the execution of his said ofﬁce
bind himself in his private capacity for the payment of sundry debts
contracted for porvisions and other articles for the use of the army, for
some of which debts he has been arested, and actions are now depend-
ing for the same and zo/zereas the said William Paulding hath rendered
an account of his transactions in the said ofﬁce and hath obtained a
certiﬁcate from the registers ofﬁce established under the authority of
Congress for the ballance due to him, being nine thousand nine hundred
and Sixty two dollars and eighty three ninetieth parts of a dollar upﬁn
which interest hath ‘accrued from the date thereof; therefore
Be it furl/2e?’ enacted ﬁy f/ze auZ/zoriz‘y aforesaid That it shall and may William
be lawful to and for the treasurer of this State and he is hereby author- gxagllgiglgé
ised and required upon the application of the said William Paulding— to or certiﬁ-
give him in exchange for the aforesaid certiﬁcate, other certiﬁcates to Gates for‘
the amount of the said principal sum and the interest thereof out of
176
LAWS OF NEW YORK. [CHAR 90.
William
Miller,
com pensa-
tion for,
while a.
prisoner.
Neal Shaw,
certiﬁcate
to be re-
turned to.
Com mmis-
sioners of
forfeitures,
advances
to.
Frederick
Benninger,
certiﬁcate
to be
issued to.
any certiﬁcates remaining in the treasury and which by law have been
made recievable upon the sale of estates forfeited to and vested in the
people of this State.
And be it fart/zer enacted by t/ze aat/iority aforesaid, That the treas—
urer of this State is hereby required to pay out of any unappropriated
money in the treasury unto William Miller the sum of one hundred
pounds, as a full compensation for his pay and sufferings during his
conﬁnement as a prisoner among the enemy, at the city of New York
in the course of the late war.
I/V/zereas Neal Shaw late of the city of New York rope maker lodged
in the hands of the treasurer a certain note issued by William ‘Barber
Esquire commissioner of congress for settling accounts in this State,
the sum of six hundred and seventeen pounds two shillings, in order to
countenance his claim to a certain house and lot of land forfeited to
the people of this State by the attainder of james jauncy, which house
and lot of land have nevertheless been since sold by the commissioners
of forfeitures for the southern district, and the monies paid into the
treasury of this State for the beneﬁt of the people. And 20/267’6618
altho’ it is reasonable that the said note so lodged by the said Neal
Shaw in the treasury for the express purpose aforesaid should be deliv-
ered to his legal representatives, yet the treasurer doth not concieve
himself justiﬁable in returning the same without the authority of the
legislature. >
Be it t/zerefore enacted by t/ze aat/zorizy aforesaid, That it shall and may
be lawful to and for the said treasurer and he is hereby authorised and
required to deliver the said note to the legal representatives of the said
Neal Shaw to be applied by them as the law directs.
And be it fzcrt/zer enacted by t/ze aat/zorizy aforesaid That the treas-
urer of this State is hereby required to advance on account to the com-
missioners of forfeitures appointed by virtue of an act for the speedy
sale of conﬁscated and forfeited estates within this State and for other
purposes therein mentioned passed the twelfth day of May one thousand
seven hundred and'eighty four of the several districts respectively that
is to say, to the commissioner of the middle district a sum not exceed—
ing the sum of one hundred pounds, to the commissioners of the western
district a sum not exceeding eight hundred pounds, and to the com-
missioner of the eastern district a sum not exceeding one hundred and
twenty pounds, to enable them to proceed on the business enjoined on
them by the aforesaid act, to be paid out of any monies unappropriated
which may be in the treasury. And w/zereas Frederick Beninger of the
county of Albany has produced to this legislature satisfacttory evidence
that ﬁfteen barrels of ﬂour, his property, was delivered by Henry
Dencker to persons appointed to receive public ﬂour, and for which he
has not received any compensation.
Be it t/zerefore enacted by ﬁle azct/torizy aforesaid, That it shall be
lawful for Udny Hay Esquire to issue to the said Frederick Benninger
a certiﬁcate (of like tenor as the certiﬁcates issued by him as State
agent) for the sum of ﬁfty two pounds eight shillings and three pence,
with interest at six per cent per annum from the thirtieth day of March
one thousand seven hundred and eighty one, and that the said certiﬁcate
shall be recievable in payment for forfeited and unappropriated lands
in like manner as the State agents certiﬁcates.
And whereas Dinah Rapelje widow and relict of joris Rapalje late of
Kings county deceased by virtue of the last will and testament of the
said joris was vested with the possession of the lands and tenements of
which the said joris Rapalje died seized. And w/zereas the said Dinah
CHAP. 90.] EIGHTH SESSION.
177
Rapalje did for and in consideration of a certain yearly support convey
her said right of possession to a part of the said lands to john Rapalje
in whom the reversion thereof was vested after her decease, and the
said lands and tenements being forfeited to the people of this State by
the attainder of the said john Rapalje, and the legislature willing to do
justice to the said Dinah Rapalje.
Be it t/zerefore enacted by tile authority aforesaid That it shall be lawful
for the treasurer of this State to pay the said Dinah Rapalje during her
natural life out of any unappropriated moneys in the treasury at and
after the rate of one hundred and twenty ﬁve pounds per annum, to be
computed from the ﬁrst day of july one thousand seven hundred and
eighty four.
And be it fart/ter enacted by ﬁre aut/zority aforesaid That the said
treasurer shall pay unto john Daniel Gross the sum of sixty seven
pounds eighteen shillings and three pence in full compensation and pay-
ment for forty ﬁve hundred one quarter and three pounds of ﬂour by
him lent to this State in the year one thousand seven hundred and eighty.
And w/zerea's Samuel Broom and jeremiah Platt by their petition
presented to the legislature among other things set forth that since their
removal from this city to New Haven in Connecticut goods and mer-
chandize to a very considerable amount have been shiped by their part-
ners then in Europe, and other correspondents, for their account, which
goods were immediately reshipped for New Haven, and such part as was
landed, was immediately carried down to another vessel and conveyed
to the said port of New Haven. That the petitioners having given
security for the duty arising on such goods, and merchandize have been
called upon by the collector of the port for the payment of the same.
That the petitioners not having derived any beneﬁt from the sale of the
said goods in this State, conceive it to be extremely hard to oblidge
them to pay the duties thereon.
Be it t/zerefore enacted by the authority aforesaid, That it shall and
may be lawful for the said collector and he is hereby authorized and
required to remit to the said Samuel Broome and jeremiah Platt the
amount of the duties which they owe to this State on such goods and
merchandize, as from satisfactory testimony shall appear to the said col-
lector to have been reshipped from the port of New York by the said
Samuel Broome and jeremiah Platt for the port of New Haven, subse-
quent to the act entitled “An act imposing duties on certain goods
wares and merchandize imported into this State, passed the 18th day of
November 1784, which were unpacked and unopened at the time of
such reshipping. '
And be it further enacted by the aut/zority aforesaid That the treasurer
of this State be and be hereby is authorized and required to pay to his
excellency the governor for sundry expenditures in the late treaty with
the Indians the sum of thirty pounds. To Abraham Cuyler Henry
Glenn and Peter Schuyler Esquires, commissioners of Indian affairs, for
this State, the ballance which may be due them in their account for
expenditures in, and in preparations for the said treaty, to be audited
by the auditor of this State with the asssistance of the committee
appointed to aid him in the execution of his ofﬁce, together with the
sum of forty pounds to each of them for their services from the time
they have respectively entered upon the execution of the said ofﬁce.
And to jacob Lansing for eighteen silver gorgets presented at the said
treaty, to the principal Indians, the sum of thirty six pounds.
And be it also enacted by the authority aforesaid That the commis-
sioners to be appointed by virtue of an act entitled “An act for running
VOL. 2. —— 23
Dinah
Rapalje,
annuity to.
John Dan-
iel Gross,
for ﬂour
furnished
in 1780.
Samuel
Broome
and Jere—
miah Platt,
remission
of duty on
goods im-
ported by.
Indian
aﬂ’airs,
payment
of charges
incurred
in relation
to.
Pennsyl-
vania
boundary
178
LAWS OF NEW YORK. [CHAR 90.
line, com-
pensation
of commis—
sioners,
and for
expenses.
Melancton
Smith,quit
rent on
land in
New York
Governor
to employ
erson to
ave care
of ord-
nance, etc.
Laws of
the State,
distribu-
tion of
copies of,
by the
State
printer.
John
Mason,and
to de-
ranged
ofﬁcers,
advance
of three
months’
pa , to be
in orsed
on certiﬁ-
cates.
out and marking a jurisdiction line between this State and the Common-
wealty of Pennsylvania,” passed the 7th day of March 1785, be and they
are hereby respectively allowed at and after the rate of forty shillings
per diem for their services, over and above their provisions and neces-
saries, while they shall be employed in the said work; the accounts, as
well of the expenditures, as of the time of service, to be ascertained and
certiﬁed to the treasurer, by the auditor of this State; and on such
accounts rendered, to be paid by the treasurer of this State.
And be it further enacted by tbe authority aforesaid That the treasurer
of this State shall be and he is hereby required to pay unto Melancton
Smith Esquire such a sum as shall appear to the satisfaction of the
said treasurer to have been due and in arrear as quit rent due to the
corporation of the city of New York on the day of sale, on a certain lott
of land and water lot sold by the commissioners of forfeitures for the
southern district to the said Melancton Smith on the second day of
August one thousand seven hundred and eighty four.
And whereas it is necessary that some person be authorized and ap-
pointed to take care of the cannon and other ordnance stores on or
near the Battery in the city of New York and to keep the said Battery
in repair; Therefore, Be it enacted by tile ant/zority aforesaid That his
excellency the governor or person administring the government for
the time being, be and hereby is authorized to employ such person or
persons, and give such directions as he may think necessary for the
purposes aforesaid.
And be it enacted by the authority aforesaid That the printer for this
State be and he is hereby directed to deliver unto his excellency the
governor or the person administring the government of this State for
the time being thirteen copies of the laws of this State for the use of
Congress and the United States and to each of the following persons
copies of the Laws and Journals (vizt.) to his excellency the governor
or person administring the government for the time being two copies,
to each member of the senate and assembly one copy to the chancellor
and each of the judges of the Supreme Court one copy to the clerk of
the senate three copies, and to the clerk of the assembly six copies for
the use of the senate and assembly respectively, to the secretary of the
State, the treasurer of the State, the State auditor, and the surveyor
general each one copy; to the clerk of the Supreme Court, and to the
register of the Court of Chancery each one copy for the use of the said
court; to the clerk and treasurer of each county respectively, to the
clerk of the supervisors of each county respectively, and to the clerk of
each town, manor, district or precinct & to the clerk of the courts of
nisi prius and to the register of the Court of Admiralty each one copy.
And be it further enacted by the aat/zority aforesaid, That the treasurer
of this State is hereby required to pay out of any unappropriated monies
which may be in the treasury, after the sum required by Congress and
ordered to be paid by an act entitled “ An act directing the treasurer of
this State to pay to the treasury of the United States 147,7 341,90 dollars,"
is fully discharged, to Mr. John Mason, and to each and every of the
deranged ofﬁcers of the late ﬁve New York regiments (who have re-
ceived certiﬁcates for the amount of their pay accrued in the months
of October November and December 1780, from the auditors appointed
to liquidate and settle the accounts of the troops of this State in the
service of the United States) each three months pay, they delivering
into the treasury the certiﬁcates which they have respectfully received
from the said auditors for the said three months pay.
-
LAWS
OF THE
STATE OF NEW-YORK,
PASSED BY THE
LEGISLATURE AT THEIR NINTH SESSION

CHAP. 1.
AN ACT relative to buildings in the city of New York.
PASSED the 31st of January, I786.
Be iz‘ enaez‘ed ﬁy Z/ze People of Z/ze Sz‘az‘e of New York reyresenz‘ed in Buildings
Senate and Assenzﬁly, and i2‘ is ﬁereﬁy enaez‘ed ﬁy z‘ﬁe authority of t/ze same, ‘{flogilfvgity;
That all and every ﬁne or penalty incurred before the passing of this penalties
act, for any offence or neglect commuted or suffered contrary to the true intent and meaning of an act entitled An act for the more effectual Egglcgltlnlfw
preventions of ﬁres, and for regulating of buildings in the city of New ing re—
York, passed the 31st of December in the year of our Lord 1761, and mmed"
0f the act entitled An act to amend an act for the more effective pre—
vention of ﬁres, and for regulating of buildings in the city of New York,
passed the rst of April 1775 shall be and the same are hereby respect-
ively remitted; and that the two above mentioned laws be and they
hereby are suspended until the ﬁrst day of January next.
CHAP. 2.
A supplementary act to the act entitled an act vesting the real
estate of Benjamin Moore Senior late of the city of New York
sailmaker deceased, in trustees for the payment of his debts,
and for other purposes therein mentioned.
PASSED the 3Ist of January, 1785.
WHEREAS it was necessary in and b the said act that the trustees preamble,
thereby appointed, should before theyéxercised any of the powers to
180
LAWS OF NEW YORK. [CHAR 4.
Acts of
trustees of
. estate of
Benjamin
Moore. Sr.,
legalized.
Preamble.
John Grif~
fen par—
doned of a
felony.
Gerard
Ban cker
reappoint-
ed treas-
urer.
Oath of
ofﬁce as
treasurer.
them in and by the said act given ﬁle in the court of chancery a bond
in such penalty, and to such person or persons as the chancellor should
think ﬁt, conditioned for the faithful discharge of the trust and powers
vested in the said trustees in and by the said act and to render an
account of the aforesaid estate when thereunto required. And w/zereas
the absence of the chancellor from the city of New York after the pass-
ing of the said act, prevented the ﬁling of the said bond agreeable to
the directions of the said act.
Be it enacted by the People of tbe State of New York represented in
Senate and Assembly and it is lzereby enacted by t/ze aat/zority of the same,
That the said bond ﬁled by the said trustees as aforesaid, and all and
every of their proceedings under the said act, before and since the ﬁling
of the said bond shall be and hereby are declared to be as good valid
and effectual in law and equity, to all intents constructions and pur-
poses what soever as if the said bond had been ﬁled before any proceed-
ings were had in virtue and pursuance of the said act, any thing in
the aforesaid act to he contrary thereof in any wise notwithstanding.
GHAP. 3.
AN ACT to pardon john Griffen of the felony therein men-
tioned.
PASSED the 31st of january, 1786.
WHEREAS john Griffen late of Bedford in the county of Westchester
labourer, was indicted, tried and convicted of the murder of john
Stron late of the said county, and was sentenced to be executed for the
said felony and murder; and w/zereas for certain special reasons sug-
gested to the Legislature, it is deemed proper to pardon the said john
Griffen. Therefore
Be it enacted by the People of t/ze State of New York represented in
Senate and Assembly and it is hereby enacted by t/ze aat/zority of tbe saine,
That the said john Griffen, be and he is hereby fully and absolutely
discharged and pardoned, of and from the felony aforesaid, and the
conviction aforesaid and from execution and all forfeitures thereon.
CHAP. 4.
AN ACT to continue the treasurer of this State in ofﬁce.
PASSED the 4th of February, 1786.
Be it enacted by the People of tile State of New York represented in
Senate and Assembly, and it is lzereby enacted by the ant/zority of tbe sanze,
That Gerard Bancker Esquire shall be, and he hereby is continued in
ofﬁce as treasurer of this State, until sixty days after the rising of the
Legislature at their next meeting, after the ﬁrst Monday in july, which
will be in the year of our Lord, one thousand, seven hundred and
eighty eight.
And be it fnrt/zer enacted by the antbority aforesaid, That the Said
Gerard Bancker Esquire, if he shall take upon him the execution of the
said ofﬁce, Shall on or before the ﬁrst day of April next, appear before
CHAP. 5.] NINTH SESSION.
181
one of the judges of the supreme court of this State, and take the
following oath, vizt — I Gerard Bancker appointed treasurer of this State
do solemnly and sincerely swear and declare in the presence of Almighty
God, that I will during my continuance therein, well, faithfully and
honestly, to the best of my knowledge and ability, execute the office'of
treasurer of this State: and that I will not on any occasion or pretence
apply any monies which shall or may come to my hands as belonging
to this State to any private uses or purposes whatsoever, so help me
God.
And be it fnrt/ier enacted by ﬁre azct/zority aforesaid, That the speaker
of the Assembly for the time being, shall take a bond from the above
named Gerard Bancker on or before the said ﬁrst day of April next, with
not less than four sufﬁcient securities, to the people of this State, in the
sum of twenty thousand pounds, lawful money of this State, with a
condition that he the said Gerard Bancker shall and will well, faithfully,
and honestly execute and perform the duties of the said ofﬁce ; which
bond when so taken, shall be lodged in the secretary’s ofﬁce of this
State.
And be it fart/ter enacted by t/ze azct/zority aforesaid, That if the said
Gerard Bancker shall upon the expiration of the time for which by this
act he is continued in ofﬁce, procure and lodge in the ofﬁce of the sec-
retary of the State, a certiﬁcate duly executed by the auditor of the
State and the committee appointed or to be appointed to assist the
auditor in the settlement of the public accounts, expressing that the
accounts of the said Gerard Bancker as treasurer are regularly stated
and ballanced, and also that the ballance of money if any there be is
actually in the treasury, such certiﬁcate when lodged in the ofﬁce of
the secretary of the State as aforesaid shall be to all intents and purposes
a discharge of the bond directed by this act to be given by the treas-
urer, with securities, for the faithful performance of the duties of his
ofﬁce as aforesaid. \
And be it fart/zer enacted by t/ze 'aat/zority aforesaid, That immediately
after the execution of the bond aforesaid, the securities heretofore by
the said Gerard Bancker given as treasurer of this State, shall be, and
they are hereby discharged from their several obligations ; any thing in
this, or any other law of this State, to the contrary hereof notwithstand-
ing.
CHAP. 5.
AN ACT to revive and continue an act entitled An act to amend
an act entitled An act to lay a duty of tonnage on vessels for
defraying the expence of the light house at Sandy Hook, and
also the act thereby amended.
PASSED the 4th of February, 1786.
WHEREAS the said amended act hath expired by its own limitation——
Therefore
Be it enacted by the People of the State of New York represented in
Senate and Assembly, and it is hereby enacted by t/ze authority of tbe same,
That the act entitled “An act to lay a duty of tonnage on vessels, for
defraying the expence of the light house at Sandy Hook” passed the
12th day of February I784; and also the act passed 15th February
1785, entitled “ An act to amend an act entitled An act to lay a duty of
Bond to be
given to
speaker of
assembly.
Former
bond,
how dis-
charged.
Sureties on
former
bond , when
discharged
of liability.
Acts re-
cited, re-
vived.
182
LAWS OF NEW YORK. [CHAR 7.
Clerk of
master and
wardens,
ort of
ew York ,
salary in-
creased.
Dominick.
Lynch
natural
ized. '
Preamble .
Trials by
battle
abolished .
tonnage on vessels, for defraying the expence of the lighthouse at
Sandy Hook, passed the 12th February 1784” shall be, and the said
acts are hereby revived and continued in force, until the ﬁrst day of
May, which will be in the year of our Lord one thousand seven hundred
and ninety.
And whereas by the sixth section of the act aforesaid, passed the 12th
day of February 1784, the sum of forty pounds per is allowed to
the clerk of the master and warden of the port of New York, which
sum the said master and wardens represent as inadequate to his services,
Be it further enacted by the authority aforesaid That from and after
the passing of this act, and during the continuance thereof the sum of
ﬁfty pounds per annum shall be allowed and paid to the clerk of the
master and wardens of the port of New York out of the monies to be
raised by virtue of this act.
CHAP. 6.
AN ACT to naturalize Dominick Lynch.
PASSED the 4th of February, I786.
WHEREAS Dominick Lynch, hath by his petition prayed to be natural-
ized.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same,
That the said Dominick Lynch shall be and he hereby is naturalized
and shall from and immediately after having taken and subscribed in
any court of record within this State the oath of allegiance to this State,
and abjured and renounced all allegiance and subjection to all and
every foreign King Prince Potentate and State, in all matters ecclesi-
astical as well as civil, be deemed a citizen of this State, to all intents
constructions and purposes whatsoever ; and that the court in which the
said oath shall be administered, shall cause an entry thereof to be made
in the records of the said court, and shall give to him a certiﬁcate
thereof, for which the judges of the said court shall be entitled to
demand and receive six shillings, and the clerks of such court three
shillings, and no more.
CHAP. 7.
AN ACT for regulating trials upon writs of right.
PASSED the 6th of February, 1786.
WHEREAS formerly trials upon writs of right were by battle ,or the
grand assise, and whereas the barbarous custom of trials by battle hath
deservedly fallen into disuse but hath never been abrogated by law.
And whereas by the institution of the trial by the grand assise four
knights are to be summoned to elect the recognitors. And whereas there
is not nor cannot by law be any such order of men in this State.
Be it enacted by the People of the State of New Yorh represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That trials by battle in all cases shall be and hereby are forever abol-
ished.
CHAP. 7.] NINTH SESSION. 183
And ﬁe it further enacted ﬁy the authority aforesaid That in all writs arena as-
hereafter to be issued for Summoning electors of the grand assise, instead $3,135,”
of the words “Four lawfull knights of your county girt with swords” W110 to'be
the words “ Four good and lawful men of your county ” shall be inserted; igfnmmd
and that every of the said men to be summoned and returned to make
election of the grand assise shall always be such as are or shall be duly
qualiﬁed to vote for senators, according to the Constitution of this State.
And ﬁe- it further enacted ﬁy the authority aforesaid, That if either Challenges
party shall have cause to challenge the electors so summoned and returned or any of them such challenge shall be taken and made upon mined-
their appearance and before they be sworn to make election of the grand
assise, and not after; and the justices shall thereupon proceed to try and
determine such challenges in such manner as challenges in-cases of
common juries are by law to be tried and determined. And if any such
electors shall be found not duly qualiﬁed or not indifferent between the
parties, then a new writ Shall be issued for summoning another or others
as the case may require and those who are not challenged or found duly
qualiﬁed and indifferent between the parties as well as the parties shall
be adjourned over to the day of the return of such new writ. And when
such four electors as shall not be challenged or shall be found duly Recogni-
qualiﬁed and indifferent shall appear they shall be severally sworn law- ggfgégc’lw
fully and truly to chuse in the presence of the parties, in addition to and Surp-
themselves, twenty other good and lawful men of the county who best 312332;“
know and will declare the truth between the parties to make recognition
of the grand assise and every of the recognitors so to be chosen by the
said four electors shall always be such men as shall be duly qualiﬁed by
the laws of this State to serve as jurors upon trials at bar in the supreme
court: and if either party shall have cause to challenge any of the said
recognitors such challenge shall be taken and made before the said four
electors who shall immediately try and determine the same. And if
any man named by the said four electors as a recognitor shall be chal-
lenged and found not duly qualiﬁed or not indifferent between the par-
ties they shall leave his name out of the pannel and chuse another in his
stead and when they have compleated a panel of twenty four recognit-
ors of themselves and others as aforesaid they shall in their proper per-
sons return and deliver the same to the justices in open court.
And ﬁe it further enacted ﬁy the authority aforesaid That upon the Recogni-
delivery of such pannel into court, a writ shall issue to the proper ofﬁcer 11383233213};
commanding him to cause the said recognitors to come before the jus- gixteen '10
tices at a certain day and place to make recognition of the grand assise eswom'
between the parties: And if the cause is to be tried at the circuit court
in any of the counties a proper clause of nisi prius Shall be inserted in
such writ for the purpose. And when a sufﬁcient number of the said
recognitors shall appear to make the said recognition, such of them as
do appear shall be called and sworn as they stand upon the said pannel,
until sixteen of them shall be sworn, who shall make the said recogni-
tlon.
Ana ﬁe it further enacted ﬁy the authority aforesaid, That it a sufﬁcient Elecogni-
_ . . . . . ors,at-
number of the said recognitors to make the said recognition shall not tendance
appear at the return of the ﬁrst process for summoning, them, writs of gaggg 6”‘
distringas shall be issued against them from time to time until they
shall appear.
And ﬁe it further enacted ﬁy the authority aforesaid That all trials Trials or
upon writs of right shall be had in the county where the tenements in of
demand shall be Situated unless the court upon motion of either party gehgieito
shall order the trial to be at the bar of the supreme court.
184
LAWS OF NEW YORK. [CHAR 8.
Preamble,
Secretary
to procure
blanks and
distribute
to sheriffs.
Sheriff to
distribute
blanks
to consta-
bles; con-
stables to
enumerate
the inhabi-
tants; de-
livery of
returns to
sheriﬂf and
secretary.
Secretary
to make
summary
of returns.
Penalty
for neglect
of duty by
sheriff or
constable.
CHAP. 8'
AN ACT for taking the number of inhabitants within this State.
PASSED the 8th of February, 1786.
WHEREAS in order fully to comply with the act of congress of the
18th day of April 1783, it is become necessary to take the number of all
the inhabitants Within this State, except Indians, not paying taxes.
Be it enacted éy Z/ze Peopie 0f the State of New York represented 2'72
Senate and Assemély, and it is lzereéy enaez‘ezz’ ey t/ze azez‘ﬁm'z'zfy of Me same,
That the secretary of this State, shall forthwith, cause a competent
number of blank returns to be printed in the form of the schedule
annexed to this act, and shall, on, or before the ﬁrst day of April next
deliver or cause to be delivered, to the sherif of each county within this
State for the time being, such a number of the said returns, as the said
secretary shall deem sufﬁcient to accomplish the purposes intended by
this act, together with a copy of this act.
That it shall be the duty of each sherif, on or before, the ﬁrst day of
May next, to deliver or cause to be delivered a competent number of
such returns, to any one of the constables in each of the districts Within
his county, requiring and commanding such constable, to take the num-
ber of the inhabitants within his district, and to enter the number of
inhabitants under the respective heads in the returns so to be delivered
by the sherif, and after having taken the number of the inhabitants, and
entered them as before directed, to subscribe such return, certifying the
same to be a true return on his oath of ofﬁce, and deliver or cause the
same to be delivered to the sherif in Whose county such constable doth
reside, on or before the ﬁfteenth day of June next. And each sherif is
hereby strictly required to deliver or cause to be delivered all the returns,
compleated in the manner aforesaid from the different districts within
his county countersigned by himself, and certifying on his oath of ofﬁce,
that the returns so by him, delivered, are the true returns made to him
by the respective constable, to the secretary of the State, on or before
the ﬁrst day of August next, and the secretary of the State shall within one
month next after he shall have received the returns from the different
sherifs, make out one general return, containing a like number of col-
umns as in the schedule annexed, and captined in like manner, except
the ﬁrst column, over which shall be written “ names of the counties ”
and opposite to each county, and under the respective heads contained
in the other columns, he shall enter the aggregate of all the numbers
contained in the corresponding columns of the district returns, and
having made out such general return, and signed the same, shall deliver
the same to the person adminstering the government of the State for the
time being, to be by him, transmitted to congress.
And 6e it further enaez‘ed éy z‘lze auz‘lzorz'zfy aferesaz'a’, That if any con-
stable shall neglect or refuse to perform the duties enjoined him by this
act, or shall not deliver or cause to be delivered to the sherif, the return
by this act required, on or before the time by this act appointed, such
delinquent constable shall forfeit to the people of this State, the sum of
ten pounds, and a like further sum of ten pounds for every month he
shall continue so delinquent, to be recovered by the sherif of the county
in his own name, before any justice of the peace, and the ﬁne or- ﬁnes
so recovered, to pay into the treasury of this State, and on every judg
ment to be rendered for such ﬁne or ﬁnes, execution shall issue forth-
CHAP. 9.] NINTH sEssIoN. 185
with after such judgment rendered. And further that if any sherif shall
not perform the duties enjoined him by this act, or shall neglect or
refuse to make the return to the Secretary of the State by the time in
this act mentioned, such delinquent sherif shall forfeit to the people of
this State the sum of ﬁfty pounds, and a like further sum of ﬁfty pounds
for every month he shall continue delinquent to be recovered by the
Secretary of the State in his own name in any court of record within
this State, and the ﬁne or ﬁnes so recovered to pay into the treasury of
this State, Provided always that such delinquent sherif shall not be Plrovigo; t
liable to prosecution by this act, if on the said ﬁrst day of August next, $36.51, 1.1.12.1
he shall ﬁle a certiﬁcate in the Secretarys ofﬁce signed by the magistrate ggll'lgtifﬁgt
before whom a delinquent constable has been brought and prosecuted, - '
that Such delinquent constable was convicted. And provided also that
at the end of every future month whilst the sherif continues so delin-
quent, he shall ﬁle such certiﬁcate as aforesaid.
And be it fart/ter enacted by tlze antlzorizy aforesaid, -That the sherifs Qompffmsa-
and constables Shall severally be allowed Such sum for their Services, as sheriffs
the corporation of the city of New York, and the supervisors of the gélglggnr
several counties shall respectively deem an adequate compensation for '
the duties enjoined by this act; and that such allowance shall be deemed
a county charge, and be levied and paid in like manner, as other county
charges are levied and paid.


SCHEDULE.
CITIZENS AND INHABITANTS. SLAVES. Schedule.
Names of M l ‘ Indians
the heads of Males b01686 Males Females Females Male Female who pay
families. under 16 aand gdler above 60 under 16 above 16 negro negro taxes.
, years. 60 yléars ’ years. years. years. slaves. slaves.

CHAP. 9.
AN ACT for the better levying and accounting for ﬁnes, forfeit-
ures, issues, amerciaments, and debts due to the people of this
State.
PASSED the 9th of February, 1786.
Be it enacted by tlze People of tlze State of [Vew Yorb, represented in Court of
Senate and Assembly, and it is lzereby enacted by tlze azct/zorizy of tlze same, Egﬁfﬂgﬁ"
That the junior justice of the supreme court of judicature of this State‘ by thetiun-
for the time being, or in his absence, one other of the puisne justices of Birth‘? we
the Same court, shall and may, during every term of the said supreme Z‘éf’liilne
court, or during Such part thereof as may be necessary, in some con- jurisdiction
venient place near where the said supreme court shall then sit, hold a of court‘
court for the hearing and determining of all causes matters, and things
concerning ﬁnes, forfeitures, issues, amerciaments and debts due to the
people of this State, according to law and the course of the exchequer.
And that it shall and may be lawful to and for such justice to cause due
process of law to be issued for the levying of all ﬁnes, forfeitures, issues
VOL. 2.— 24.
186
LAWS OF NEW YORK. [CHAR 9.
Justice
may trans-
fer cases
to the
supreme
court.
Clerk of
court,
appoint-
ment and
duties.
Seal of the
court.
Process ,
how tested.
and amerciaments which have been, or hereafter may be set, laid, imposed,
assessed, lost, or adjudged in any court of record of this State; and to
cause all sherifs, coroners and other ofﬁcers who have received, or here-
after shall or may receive any monies for any such ﬁnes, forfeitures, issues,
or amerciaments, duly to account for the same; and to examine audit,
and settle such accounts; and to cause the sums which shall appear or
be found to be due thereon to be duly paid; and to cause due process
of law to be issued for recovering all monies upon recognizances for-
feited, or to become forfeited to the people of this State; and to hear
and determine all questions and matters concerning the same, and the
forfeiture thereof; and upon good cause shewn to remit any such for-
feiture, or part thereof and to discharge such recognizance according to
equity and justice. And further that it shall and may be lawful to and
for such justice in all cases of difﬁculty to adjourn the cause and matter,
and deliver the record thereof into the supreme court, where the same
shall be heard and determined; and then the said record shall be sent
back by the clerk of the said supreme court, to the said court so to be
held before the junior, or other puisne justice of the said supreme court,
in order that execution may be there done according to law.
And be it further enacted by the authority aforesaid, That the justices
of the ‘supreme court for the time being, from time to time, when and as
often as may be necessary, by rule or order, to be entered in the min-
utes of the same supreme court, shall nominate, and the chief justice of
the same supreme court, under his hand and the seal of the same supreme
court, commission an experienced and proper person to be clerk of the
court so to be held, who shall be called the clerk of the exchequer in
the supreme court, and shall hold his ofﬁce during the pleasure of the
justices of the said supreme court. And such clerk shall make and enter
all such minutes, memorandums and records, and make and issue all
such process as such justice who shall hold such exchequer court shall
from time to time direct. And shall receive and be accountable for all
monies to be paid into the said court. And shall yearly on the ﬁrst day
of January term in every year, make a just and true account, upon his
oath, of all monies paid into the said exchequer court, and of all expences
by him paid for stationary, and other necessaries for the said ofﬁce, and
produce the same account to such justice as may then hold the same
exchequer court, for his allowance and approbation thereof; and shall
within twenty days thereafter deliver a true copy of such account, so
approved, to the treasurer of this State for the time being, and pay to
the same treasurer, for the use of this State, the amount of such account,
after deducting thereout, the sallary allowed to the said clerk, and the
sums so allowed for necessaries as aforesaid; upon pain of forfeiting his
ofﬁce for any neglect of his duty therein, besides being answerable for
the money in his hands.
And be it further enacted by the authority aforesaid, That the justices of
the supreme court for the time being, shall devise and cause to be made
a seal for the said exchequer court, upon which shall be engraved the
words New York Exchequer Seal, and shall deliver a description thereof
in writing to the secretary of this State, to be deposited and recorded
among the records of this State, and shall deliver the said seal to the
clerk of the said exchequer court, who shall pay for the same, out of the
monies to be by him received as aforesaid. And further that all pro-
cess of the said exchequer court shall be made in the name of the people
of the State of New York, and be tested in the name of the junior jus-
tice of the supreme court for the time being, and signed by the clerk of
the said court of exchequer, and sealed with the said seal so to be made;
CHAP. 9.] NINTH SESSION. 187
and shall be returnable as follows; that is to say “Before one of our
justices of our supreme court in our court of exchequer ” on such day
as the said court of exchequer may then be appointed to be held, where-
soever the same court shall then be held. -
And ﬁe it further enacted ﬁy the authority aforesaid, That every such Clerk,oath
clerk, so to be appointed, before he enters upon the execution of his 82,32,058;
ofﬁce, shall take the oaths required by law to be taken by ministerial tion.
ofﬁcers; and shall be allowed and paid the yearly salary of two hundred
and ﬁfty pounds for his services; but Shall not upon any pretence
whatsoever, have, receive, accept, or take, any fees, perquisites or reward
whatsoever for any of the services by him to be oerformc l, in the execu-
tion of his said ofﬁce.
And ﬁe it further enacted ﬁy the authority aforesaid, That no justice Justicenet
of the said supreme court, who may at any time hold the said court of jgegeggwe
exchequer, shall have, receive, accept or take any fees, perquisites, or perquisites
reward whatsoever for any services by him to be performed by virtue of
this act; his salary and fees as justice of the supreme court, being con—
sidered as a full compensation for the services aforesaid.
And ﬁe it further enacted ﬁy the authority aforesaid, That the respective Annual re-
clerks of every court of record in this State, shall yearly, on the ﬁrst Zilgr‘iisbg’f
day of the term of July in every year, make and deliver into the said Courtg of
court of exchequer a just and true account and estreat of all ﬁnes, for- iiigorieuii
feitures, issues, and amerciaments, set, laid, imposed, assessed lost or Sgfxgggil‘
adjudged, and of all recognizances forfeited, before the ﬁrst day of alty’ for
June, immediately preceeding the ﬁrst day of July term, on which such neglect
account shall be rendered, in and by the respective courts of which they
are or shall be clerks, together with the said recognizances; noting in
every such account and estreat, where any such ﬁnes, forfeitures, issues
or amerciaments have been paid, or process issued, or the person com-
mitted, for the same, to whom such payment or committment was made,
and what process has been issued, and to what ofﬁcer; upon pain that
every clerk who shall neglect his duty therein, shall not only forfeit his
ofﬁce, but become and be answerable for all such ﬁnes, forfeitures, issues,
and amerciaments, and the amount of all such recognizances, as such
clerk shall neglect to give an account of, and estreat and deliver as
aforesaid.
And ﬁe it further enacted ﬁy the authority aforesaid, That all sherifs, Sheriﬂs,
coroners and other ofﬁcers, who have, or hereafter shall, or may receive, or be accountable, for any such ﬁnes, forfeitures, issues, or amercia- %°?°untifé8
. y,pena. y
ments, shall yearly, on the ﬁrst day of the term of July, 1n every year, for neg-
render a just and true account thereof, on oath, to the said court of 160"‘
exchequer; and the same account being examined, audited and settled
by the judge of the same court, shall pay the ballance appearing or
found due on such account, if any there be in favor of the people of this
State, to the clerk of the said court; and upon payment thereof, the said
court of exchequer shall make and grant to such sherif, coroner, or
other ofﬁcer, a quietus or discharge for the same, under the seal of the
said court of exchequer. And if any such sherif, coroner, or other
ofﬁcer, shall not pay such ballance so found due, within twenty days
after the auditing of his account, execution shall be issued against him
for the same; and if any such sherif, coroner, or other ofﬁcer, shall
refuse or neglect to make or render such account, such ofﬁcer so neg
lecting or refusing, shall be liable to pay all such sums of money as shall
be, or ought to have been, or might have been, received by him for any
such ﬁnes, forfeitures, issues, or amerciaments, as well as all such ﬁnes,
forfeitures, issues and amerciaments, as shall have been set, laid, imposed,
188
LAWS OF NEW YORK. [CHAR IO.
Suits, by
Whom
prosecuted.
Execu-
tions, is-
suance of,
proceed—
ings un-
der, and
return of.
Clerk to
give bond.
Preamble;
estate of
Anne
Avery, de-
ceasedJate
of New
York city.
assessed, lost or adjudged, by, or against, or upon, such ofﬁcer so neg-
lecting or refusing, in any court of record in this State; and execu-
tion shall thereupon be issued against such ofﬁcer for the same.
A na’ Zze it therefore enacted éy Z/ze anZ/zerz'zjl aforesaid, That all suits in
the said court of exchequor, shall be followed and prosecuted by the
clerk of the said court, or the attorney general of this State, and by no
other person. And xccutions to be issued by the said court
shall be against the body, lands and goods of the debtor or the defend-
ant, commanding the ofﬁcer, to whom the said executions shall be
directed, to cause to be made of the goods and chattles of such debtor
or defendant, in his bailiwick or county, the debt or sum of money in
the said execution speciﬁed; and if sufﬁcient goods and chattels of such
debtor or defendant to satisfy such debt, shall not be found in the baili-
wick, or county, of the ofﬁcer, to whom such execution shall be directed,
that then he diligently enquire, by the oath, of good and lawful men of
his bailiwick or county, what lands and tenements, the same debtor or
defendant hath or was seised of in his said bailiwick or county, on the
day such debt accrued, or such monies became due, which shall be par-
ticularly speciﬁed in such writ of execution; and that of all and singular
those lands and tenements, in whose hands soever they may then be, he
cause to be made the said debt speciﬁed in such execution; and that he
take the body of the said debtor or defendant, and him in prison safely
keep, until he shall fully satisfy the people of this State of the said debt.
But where sufﬁcient goods and chattels of such debtor or defendant
shall be found to satisfy such debt, his land shall not be sold, nor his
body taken in execution for the same debt. And when any such execu-
tion shall be issued against any sherif, coroner or other ofﬁcer, while in
ofﬁce, or against any heir, executor or administrator, such execution
shall not be against their bodies; but only against the lands goods and
chattels, of such sherif, coroner or other ofﬁcer, or the lands, goods and
chattels of the ancestor, testator, or intestate, of such heir, executor,
or administrator.
And a if fari/zer i/zerefore enaez‘ea’ ﬁy z‘lze aaz‘lzorz'z‘y aferesaz'a’, That the
said clerk of the court of exchequer, shall before he enter upon the dis-
charge of any of the duties directed to be performed by him in and by this
act, give a bond with two sureties to be approved of by one of the judges
of the supreme court, to the people of this State, in the sum of two thous-
and pounds, conditioned for the true and faithful performance of the
duties of his said ofﬁce; and shall ﬁle such bond in the ofﬁce of the
clerk of the supreme court.
til-tac- .-.11 A
LllaL 61.1.]. L,
CHAP. 10.
AN ACT to enable the administrator, with the will annexed, of
Anne Avory, widow, deceased, to cary the said will into effect.
PASSED the 20th of February, 1786.
WHEREAS it appears to this legislature, that Anne Avory, late of the
city of New York, widow, deceased, by her last will and testament duly
executed, did appoint Francis Brashier, and Bernardus Legrange, late
of New Brunswick in the State of New jersey, to be executors of her
said will, with power to sell certain portions of her real estate in fee
simple: Ana’, whereas the said Francis Brashier is since dead; and the
said Bernardus Legrange is removed into parts beyond sea: and w/zereas
CHAP. 11.] NINTH SESSION.
189
by occasion of the premises; administration with the will annexed, of
the estate of the said Anne Avory, is in due form of law granted to
Abraham Beach, of the city of New York clerk. Therefore,
Be it enacted by tlie People of tlze State of New Yer/e, represented in
Senate and Assembly; and it is liereby enacted by tlze ant/iority of the same;
That it Shall and may be lawful to and for the said Abraham Beach,
and he is hereby fully authorized and enabled to sell the land, whereof
the said testatrix so died seized, in the county of Albany; and to make,
seal, and execute, good and sufﬁcient deeds, and conveyances, for the
same, in fee Simple, as fully and effectually to all intents and purposes,
as the executors named in the said will, might, or could, lawfully have
done; and to distribute and apply the monies to arise therefrom, as the
said will directs : Provided always, that the said Abraham Beach, before
he enters upon the execution of the trust hereby in him reposed, Shall
give bond with such security, and in such manner, as the chancellor
shall direct, for the faithful performance of the said trust.
CHAP. l 1.
AN ACT to raise a fund for defraying the damages done by
dogs in the county of Richmond.
PASSED the 20th of February, I786.
WHEREAS many of the inhabitants within the county of Richmond in
the State'of New York have sustained great losses occasioned by dogs
killing their sheep without being able to obtain redress.
I. Be it enacted by tlze People of tlie State of New Yorle represented in
Senate and Assembly and it is hereby enacted by tlze ant/rarity of tlze same
That it shall and may be lawful for the collector in each respect-
ive precinct and manner within the said county once in every year after
the ﬁrst day of May next during the continuance of this act to demand
and receive of and from all persons, having the property in or keeping
any dog or dogs of what kind soever of three months old and upwards
the sum of two shillings for any dog kept by any one person or family
the sum of six shillings for the second dog, and the sum of twelve Shil-
lings for every dog above the number of two to be kept as aforesaid.
II. And be it enacted by tlze antbority aforesaid That if any per-
son or persons having property in or keeping any dog or dogs of
what kind soever as aforesaid shall neglect or refuse to pay unto the
collector of their respective precincts or manor the sum or sums as
aforesaid twenty days after the same is demanded it Shall and may be
lawful and it is hereby made the duty of the collector of each respective
precinct or manor to commence & prosecute his or their action or
actions against any delinquent or delinquents for the recovery of the
same, with costs of suit, before any justice of the peace for the said
county. And if any person or persons shall deny that he, She or they,
have property in or keep any dog or dogs, yet if it can be proved that
Such person or persons are in possession of or suffer the Same to remain
about his or her house twenty days before the demand made by the col-
lector, he she or they shall be deemed to be owner or owners of such
dog or dogs and liable to the payment of the aforesaid tax, to be recov—
ered as above. And if any dog or dogs shall continue or keep about
any persons house twenty days and no person appearing within that
time to claim such dog or dogs, it Shall and may be lawful for such
Adminis-
trator with
will an-
nexed
given au-
thority to
dispose of
real estate.
Proviso;
bond to
be given
Preamble .
Tax laid on
dogsin
Richmond
county.
Collection
of tax, how
enforced.
190 LAws OF NEW YORK. [CHAR 11.
person having such dog or dogs about his house as aforesaid to kill the
same at any time after the said twenty days.
Damage III. And be it further enacted by the authority aforesaid That when
ggggibgow any person or persons within the said county shall have sustained dam-
ggﬁfé‘a damages by dogs of any kind as aforesaid, it shall and may be lawful
' for him her or them to call in the persons who are or shall be appointed
fence viewers in each respective precinct of the said county for the time
being who reside next adjacent to the person or persons where the
damage shall happen, who are hereby empowered to view the sheep so
killed or hurt. And if it shall appear to their satisfaction that they
were killed by dogs only; then the said fence viewers shall certify the
same, with the true and real value of the sheep or damage sustained,
and the number killed or hurt under their hands, which certiﬁcate shall
be a sufﬁcient voucher to the supervisors for paying the value of the
sheep or damage therein expressed.
where IV. And be it further enacted by the authority aforesaid, That when-
ililﬁgg’ ever sheep within the said county shall hereafter be killed or hurt by
. ggvéuliiraglte any dog or dogs, and it can be proved whose dog or dogs it was that
for dam- did the damage if the owner or owners of such dog or dogs shall neg-
age- lect or refuse to kill the same and make satisfaction to the person or
persons injured after demand made it shall and may be lawful for the
person or persons so injured to get the value of the sheep or the dam-
ages certiﬁed by the aforesaid fence viewers and commence his her or
their action or actions against the owner or owners of such dog or dogs
before any justice of the peace of the said county and recover the same
with costs of suit. ,
Dogs found V. And be it further enacted by the authority aforesaid That if any
3131,15,, person or persons shall ﬁnd any dog or dogs worrying or_killing any
be killed- sheep it shall and may be lawful for them immediately to kill such dog
. or dogs and if it shall be proved that such dog or dogs had before killed
sheep and the same Came to the knowledge of the owner or possessor
thereof then and in such case it shall and may be lawful for the person
or persons injured to get the value of the sheep or damages certiﬁed as
above and to commence his her or their action for the recovery thereof
as aforesaid.
Collectors, VI. And be it further enacted by the authority aforesaid That the col-
duty of‘ lector or collectors of each respective precinct within the said county
shall keep a book and therein enter the names of every person in his or
their respective precincts or manors keeping dogs, and the number
thereof with the tax or sums collected by virtue of this act and shall
pay the same into the hands of the county treasurer to be disposed of
by the supervisors for the purposes above mentioned.
Fees of VII. And be it further enacted by the authority aforesaid That the col-
conectors' lector or Collectors of each respective precinct or manor within the said
county shall retain and keep in his and their hands one shilling in the
pound for all sums by him or them collected and paid in pursuance of
this act.
Penalty for VIII. And be it further enacted by the authority aforesaid That if either
neglect‘ of the collectors of any of the precincts or manor within the said
county shall refuse or neglect to collect-the taxes aforesaid and do
what is enjoined upon them by this act, he or they so offending shall
forfeit and pay the sum of ﬁve pounds to be recovered by action of
debt before any justice of the peace of the said county with costs of
suit by any person or persons who will prosecute the same to effect, the
one half to the prosecutor, and the other half to be applied to the uses
aforesaid.
CHAP. 12.] NINTH SESSION. ' 191
CHAP. I 2.
AN ACT to abolish entails, to conﬁrm conveyances by tenants
in tail, to regulate descents, and to direct the mode of convey-
ances to joint tenants.
PASSED the 23d of February, 1786.
Be it enacted ﬁy the People of the State of New York represented in Estates
Senate and Assenzﬁty, and it is hereﬁy enacted ﬁy the authority of the same, 153111163901’
That all estates tail shall be and are hereby abolished ; and that in all ‘
cases where any person or persons now is or are, or if the act herein
after mentioned and repealed had not been passed would now be seised
in fee-tail, of any lands, tenements or hereditaments, such person and
persons shall be deemed to be seised of the same in fee simple absolute.
And further That in all cases where any person or persons would, Estates to
if the said act and this present act had not been passed, at any time l’ggttgll
hereafter become seised in fee-tail of any lands, tenements, or heredita- shall be’-
ments, by virtue of any devise, gift, grant or other conveyances, here- 23523,?‘
tofore made, or hereafter to be made, or by any other means whatso- fee-Simple-
ever, such person and persons instead of becoming seised thereof in
fee-tail, shall be deemed and adjudged to become seised thereof in fee
simple absolute. .
And ﬁe it further enacted ﬁy the authority aforesaid, That where any Title of
lands, tenements, or hereditaments heretofore have been devised, gg'iggsggrs
granted, or otherwise conveyed, by a tenant in tail, and the person or devised _by
1 - tenants 1!)
persons to whom such oevlse, grant or other conveyance hath been taihcon-
made, his her or their heirs or assigns have Or hath, from the time such ﬁrmed-
devise took effect, or from the time such grant, or other conveyance, '
was made, to the day of the passing of this act, been in the uninter-
rupted possession of such lands, tenements or hereditaments, and claim-
ing and holding the same under, or by virtue of such devise, grant or
other conveyance, then such devise, grant or other conveyance shall be
deemed as good, legal and effectual, to all intents and purposes, as if
such tenant in tail had, at the time of the making of such devise, grant
or other conveyance, been seised of such lands, tenements or heredit-
aments in fee simple any law to the contrary hereof notwithstanding.
And ﬁe it further enacted ﬁy the authority aforesaid, That where any Inheri-
person shall die seised of any lands, tenements or hereditaments, with- giflﬁbgfée
out devising the same in due form of law and leaving more than one 59mm
, . . . . res intes-
person lawful 1ssue, or wlthout lawful 1ssue, the Inheritance shall here- tate.
after, in the ﬁve Several following cases, descend and go, as in each case
is particularly speciﬁed ; that is to say,
First. In case the person, so seised, shall leave several persons lawful Equal
issue, in the direct line of lineal descent, and all of equal degree of 38%;‘: of
consanguinity, to the person so seised,the inheritance shall then d'escend guinity-
to the said several persons, as tenants in common, in equal parts, how-
ever remote from the person so seised, the common degree of consan—
guinity may be, in the same manner as if they were all daughters of the
person so seised.
Secondly. In case the said person, so seised, shall die leaving lawful Diﬂerent
issue of different degrees of consanguinity to him, or her, the said 33%;?“
person so seised, the inheritance shall descend to the lawful child Or guininy'
children of the said person so seised, if any or either of them be then
living, and to the lawful issue of such of the children of the said person
so seised, as shall be then dead, leaving lawful issue, as tenants in com-
192
LAWS OF NEW YORK. [CHAP. 12.
When
father and
mother
inherit.
When
brothers
and sisters
inherit;
whole and
half blood.
Brother or
sister’s
children to
succeed to
I parents‘
share .
Proviso;
estates in
courtesy
and dower
not af—
fected.
Posthu-
mous chil-
dren to in-
herit as if
born in
lifetime of
father.
mon, such issue always to inherit if one person solely, and if several
persons, as tenants in common, in equal parts, such share only as would
have descended to his her or their parent, if such parent had been then
living: and each of the lawful children of the said person so seised,
always to inherit such share, as would have descended to him, or her,
if all the children of the said person so seised who shall be then dead,
leaving lawful issue, had been living at the time of the death of the said
person so seised: And if there be no child, of the said person so
seised living, at the time of the death of the said person so seised, and
only a grand child, or grand children, and the lawful issue of a grand
child, or grand children, who shall be then dead leaving lawful issue,
then the inheritance shall descend to such grand child, or grand children
of the person so seised, and to the lawful issue of such of the grand
children of the said person so seised, as shall be then dead leaving law-
ful issue as tenants in common; such issue always to inherit, if one per-
son solely, and if several persons, as tenants in common, in equal parts,
such share only as would have descended to his, her or their parent, if
such parent had been then living; and each of the grand children, of
the said person so seised, who shall be living at the time of the death
of the person so seised, always to inherit such share, as would have
descended to him, or her, if all the grand children of the said person
so seised, who shall be then dead leaving lawful issue, had been living
at the time of the death of the said person so seised. And the same
law of inheritance and descent shall be observed in case of the death
of the grand children, and other descendants, to the remotest degree.
T/zirdly, In case the said person so seised shall die without lawful
issue, leaving a father, then the inheritance shall go to the father of the
said person so seised in fee-simple, unless the said inheritance came to
the person so seised from the part of his or her mother, in which case it
shall descend as if such person so seised had survived his or her father.
Foart/z/y, In case the said person so seised, shall after the death of
his or her father, die without lawful issue leaving a brother or sister, or
leaving a brother or brothers and a sister or sisters, the inheritance shall
descend to such brothers or sisters, or to such brother or brothers and
sister or sisters, as the case may be as tenants in common, in equal parts.
And in such case every brother and sister of the half blood, of the said
person so seised, shall inherit equally with those of the whole blood;
unless where such inheritance came to the said person so seised, by
descent, devise, or gift of some one of his or her ancestors; in which
case, all those who are not of the blood of such ancester shall be excluded
from such inheritance. And
Fzftlzly, In case any such brother or sister who would have inherited
by this law, if living, shall die before the said person so seised, and leave
a lawful child or children, such child or children surviving the said per-
son so seised, shall inherit, if a child, solely, and if children, as tenants
in common, in equal parts, such share as would have descended to his,
her or their father or mother, if such father or mother had survived the
said person so seised. And in all cases of descent not particularly pro-
vided for by this act, the common law shall govern.
Provided always and be it fnrt/zer enaeted oy the authority aforesaid,
That nothing herein contained, shall be construed to bar or injure vthe
right or estate of a husband as tenant by the courtesy; or a widow’s
right of dower.
And oe it further enaeted oy t/ze authority aforesaid, That all posthu-
mus children shall in all cases whatsoever, inherit in like manner as if,
they were born in the lifetime of their respective fathers.
CHAP. 13.] NINTH SESSION. 193
And &e if farz‘lzer enacted by the auz‘lzorz'z‘y aforesaid, That no estate in Joint ten-
joint-tenancy, in lands, tenements or hereditaments, shall be held or gé‘t‘ilt’gfthoat
claimed by or under any grant, devise or conveyance whatsoever, here- be consid-
after to be made, other than to executors or trustees, unless the prem- $1153 ises therein mentioned shall expressly be thereby declared to pass, not
in tenancy in common, but in joint tenancy; and every such estate other
than to executors or trustees, unless otherwise expressly declared as
aforesaid, shall be deemed to be in tenancy in common: any law cus-
tom or usage to the contrary notwithstanding.
A Md be it fZU’Z/ZKI’ EiZdCl‘é’d oy Z/ze aaZ/zorz'z‘y aforesaid, That the act enti- Apt re-
tled “An act to abolish entails, to conﬁrm conveyances by tenants in $5525?-
tail, to distribute estates real of intestates, to remedy defective convey-
ances to joint-tenants, and directing the mode of such conveyances in
future” passed the twelfth day of July in the year of our Lord one
thousand seven hundred and eighty two, shall be, and hereby is repealed:
but all descents and conveyances which have happened or been made,
since the passing of the said act, hereby repealed, shall take effect
according to the said act: Provided always, That notwithstanding any Provismas
thing in the said act contained, every grant conveyance or devise here- giggzg'iges
tofore made, or hereafter to be made, to executors or trustees, shall be made While
deemed to be in joint-tenancv, and not in tenancy in common. ‘éitg‘itflidm
OI'CO.
CHAP. 13.
AN ACT for transcribing certain records of patents.
PASSED the 23d of February, 1786.
WHEREAS certain of the records of patents in the ofﬁce of the secre— Preamble,
tary of the State, are by various accidents so injured, that a frequent
recourse to them may render them illegible; to prevent which.
Be it enaeted oy Z/ze People of file State of New York, represented 2'72 SEIZ- committee
az‘e and Assemoly, and ‘2'! is hereoy enaez‘ed oy Me aat/zorz'ty of t/ze same, gniiugggin'
That the secretary of State for the time being, shall transcribe, or cause transcrib-
to be transcribed in his ofﬁce, such of the said records of patents as the gﬁfnftghii’,
said secretary, James Duane, Isaac Roosevelt, Samuel Jones and Rich- gfsﬁgcre'
ard Varick Esquires, or a majority of them shall deem necessary. And ofﬁce.
that such transcripts being compared with their originals, shall be certi—
ﬁed by the said secretary to be true copies of the originals aforesaid.
Add a) z'z‘farZ/zer enacted oy t/ze aaZ/zorz'z‘y aforesaid, That the secretary, Books of
together with the persons herein before named, or a majority of them ggcr‘gd t°
shall cause to be re-bound such of the books of records in the ofﬁce of bound.
the said secretary, as to them shall appear to be necessary, and shall
employ one or more person or persons for that purpose. And that the Transcrib-
transcribing of the said records, as Well as the binding, to be done in $53,112,,
pursuance of this act, shall be performed in the ofﬁce of the secretary where to
of the State, and in the presence of the said secretary, or of his sworn be done‘
deput.
And, oe z'z‘farZ/zer enaez‘ed oy Z/ze aaz‘lzorz'ly aforesaid, That the secre- Secretary,
tary of the State shall be allowed for copying the said records, at and flglf’gabny‘fe
after the rate of one shilling and six pence for every one hundred and ing.
twenty eight Words.
And a» z'z‘farZ/zer enaez‘ed (3y Z/ze authority aforesaid, That the treasurer Treasurer
of the State shall, and he is hereby authorized and directed to pay, to £35350?”
VOL. 2. -— 25
194
LAWS OF NEW YORK. [CHAR 15.
secretary,
w en
audited.
Secretary
to re ort to
legis ature.
Meetings
of the leg-
islature,
where and
when held.
Clinton,
precinct
of, erected
out of
parts of
precincts
of Char-
lotte and
Rhinebeck,
in Dutchess
county.
the said secretary such sum or sums of money, as shall from time to time
appear by accounts duly audited by the auditor of this State to be due
to him for his services and expenditures in pursuance of this act.
And be it further enacted by the authority aforesaid, That the secretary
of the State shall, and he is hereby directed to report to the legislature,
his progress in the execution of the duties by this act required, in order
that further provision may be made, for perpetuating the evidence aris-
ing from the said records.

CHAP. 14.
AN ACT to regulate the future meetings of the legislature.
PA-ssED the 13th of March, 1786.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That in case the person administering the government for the time
being, shall not, on or after the ﬁrst Monday of July, and before the
ﬁrst Tuesday in January in any year, convene the legislature by procla-
mation, then the legislature shall meet on the said ﬁrst Tuesday of
January without any summons or notiﬁcation whatever, at such place as
the senate and assembly, at their meeting next preceding the said ﬁrst
Tuesday in January shall have adjourned to; and in case there shall
have been no such adjournment, or the senate and assembly shall not
have adjourned to a place. certain, then they shall convene on the said
ﬁrst Tuesday in January at the place at which the last preceding meet-
ing of the legislature was held.

CHAP. 15.
AN ACT to divide Charlotte and Rhynbeck precincts into three
precincts.
PAssED the 13th of March, 1786.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That all the lands parcel of Charlotte and Rhynbeck precincts in Dutch-
ess county comprehended within the limits and bounds following, shall
be a seperate and distinct precinct, and Called and known by the name
of Clinton precinct; that is to say to begin at the east bank of Hudsons
river, at the north west corner of the tract of land called Pawlings pat-
ent, and to run thence along the north line of the said patent to Crum-
elbow Kill, (alias Fish Creek) thence up along the said creek to the line
of the tract of land called Little or Upper Nine Partners, thence east-
erly along the said line to the north east corner of lot Number One, (so
known and distinguished in the ﬁrst division of the tract of land called
the Great or Lower Nine Partners) thence southerly in the line of that
tier of lots, to the most southerly line of the aforesaid Great or Lower
Nine Partners, thence westerly along the line last mentioned to Hud-
sons river, and from thence up along the said river to the place of
beginning.
CHAP. 16.] - NINTH SESSION. 195
And he it further enacted ﬁy the authority aforesaid, That the freehold- Clinton
ers and inhabitants of Clinton precinct aforesaid, shall have full power 522x593,
and authority to assemble and hold annual town-meetings within the freehold-
said precincts, and-by a plurality of voices of the inhabitants so assem- ers’ etc’
bled to elect and chuse a supervisor, town clerk, assessors, and as many
constables and collectors as the inhabitants so assembled shall judge
necessary for the said precinct, and all other town ofﬁcers incident to
other precincts in Dutchess county; which ofﬁcers, when chosen, shall
respectively do, perform and execute the like duties and services, and
be liable to the same penalties as other persons in like ofﬁces in the
other precincts in the said county, by law are intended, ought to do, or
are liable to.
A 11d ﬁe it enacted ﬁy the authority aforesaid, That the collectors of the Arrears of
- , taxesln
arrears of any taxes heretofore assessed In Charlotte and khynbeck Charlotte
precincts respectively, in whose hands such tax lists now are, shall col- gggkmég'f-
lect such arrears of taxes as if Clinton precinct had not been erected. lection of.
And ﬁe it further enacted ﬁy the authority aforesaid, That the inhab- Clinton
itants of Clinton precinct shall hold their annual town meetings on the $533M“
usual day by law prescribed for holding the town meetings in the other ,meetines
. . . . n. where
precincts 1n the sa1d county; that the ﬁrst annual town meetlng shall be to beheld.
held at the dwelling house of David Knapp in the said precinct, and
the annual town meetings thereafter, at such place in the said precinct
as the inhabitants shall by plurality of voices at their town-meetings
from time to time direct.
And ﬁe it further enacted ﬁy the authority aforesaid, That such part of Charlotte
the precincts of Charlotte aforesaid as is not comprehended within the 1,33,21,11“,
limits of the precinct by this act designated ,by the name of Clinton, C'Whanhged t0
shall hereafter be called and known by the name of Washington pre- .02? £15;
cinct, and that the inhabitants of Washington precinct shall hold their ﬁfetings
ﬁrst annual town meeting at the dwelling house of Samuel Herrick and
their annual town meetings thereafter at such place in the Said precinct
as the inhabitants shall from time to time, by pluralty of voices, at their
town meetings in the‘ said precinct direct.
And ﬁe it further enacted ﬁy the authority aforesaid, That Rhynbeck Rhinebeck
precinct shall contain all the lands formerly comprehended within the gigging
limits and bounds of the said precinct, except the lands by this act com- former
. . . . . . privileges.
prehended 1n Clinton preclnct, and shall retain all Its former precinct
privledges.
CHAP. 16.
AN ACT to appoint the place of holding the supreme court of
judicature of this State in April term I786.
PASSED the zrst of March, 1786.
Be it enacted ﬁy the People of the State of New Yorh represented in Aprilterm.
Senate and Assenzﬁiy and it is hereﬁy enacted ﬁy the authority of the same $83,182,238
That the supreme court of judicature of this State to be held on the COHPUO be
third Tuesday of April one thousand Seven hundred & eighty six New 3110.].
shall be held at the city hall of the city of New York any thing in the city‘
act entitled “An act to appoint the place of holding the supreme court
of judicature of this State in future and to prolong the terms thereof
and for other purposes therein mentioned” to the contrary thereof not-
withstanding.
19G LAWS OF NEW YORK. [CHAR 18.
‘Process And be it furt/zer enacted by tile azct/zority aforesaid That all process
made re- - - .
tui'nableat issued out of the said supreme court since January term last shall be
"01"!‘ deemed to be returnable at the city of New York notwithstanding the
same may have been made returnable at the city of Albany.
sheriffs, And be it fart/zer enacted by t/ze aat/zority aforesaid, That every sheriff
coroner and other ofﬁcer, who by the act entitled “An act for the better
223225581‘ levying and accounting for ﬁnes forfeitures issues, amcrciamcnts and
in April or debts due to the people of this State” was to account for ﬁnes issues or
gélilééﬁrms amerciaments by him received or to be received yearly on the ﬁrst day
option. of the term of july in every year to the court of exchequer may account
to the said court of exchequer on the ﬁrst day of the term of April
yearly in every year or on of the said ﬁrst day of the term of july at his
option, any thing in the aforesaid act to the contrary notwithstanding.
CHAP. l 7.
AN ACT enabling james Barclay to become an auctioneer or
vendue master.
PASSED the 21st of March, 1786.
James Be it enacted by the people of tbe state of New York, represented in
Barclay Senate and Assembly, and it is bereby enacted by the authority of tbe same,
b - . . .
pmoaiiiteeilap That it shall and may be lawful to and for the mayor of the city and
' er ' ' '
353,513? county of New York, or in case of vacancy in the said ofﬁce the recorder
York city; of the said city for the time being, by licence under his hand to author-
oath to be . .
taken. me and empower james Barclay of the city of New York to act a
vendue master, or auctioneer in the city and county of New York con-
formably to the act entitled “ An act for the regulation of sales by pub- I
lic auction ” passed the 20th February 1784. Provided always, that it
shall not be requisite for the said james Barclay to produce the certiﬁ-
cate mentioned in the third enacting clause of the said act, but instead
thereof shall take and subscribe an oath of abjuration and allegiance
to the people of this State, to be administred by the said mayor or
recorder as the case may be.
CHAP. IS.
AN ACT for dividing the county of Washington into townships.
PASSED the 23d of March, 1786.
Washing- Be it enacted by t/ze People of tbe State of New Yor/e, represented in
g‘i’ggggmy Senate and Assembly, and it is hereby ‘enacted by t/zeaat/zority of tbe same,
That all the lands comprehended with the following bounds, that is to
ps' say, beginning at the north east corner of the county of Albany, thence
Salem running along the north line of the county of Albany, to the south east
corner of the township of Argyle, thence north along the east line
thereof to the north west corner of Turners patent, thence along the
north line thereof to the north east corner thereof, and thence east to
the county line, and thence southerly along the county line to the place
of beginning, shall be and hereby are erected into a town by the name
of Salem. And all the lands comprehended within the following
CHAP. 18.] NINTH SESSION. 197
bounds, that is to say, beginning at the north east corner of the said Hebron.
town of Salem, and running thence northerly along the east line of the
county until it meets with an east line from the south east corner of a
tract of land formerly granted to Lieutenant Byrn, thence west to the
east line of a tract of land called the Provincial Patent, thence south-
erly along the east line thereof and east line of the township of Argyle
to the north bounds of the said town of Salem, and thence easterly
along the same, to the place of beginning shall be and hereby are
erected into a town by the name of Hebron. And that all the lands Granville.
comprehended within the following bounds, that is to say, beginning at
the north east corner of the said town of Hebron and running thence
northerly along the east line of the county until it meets an east line
from the south east corner of a tract of land heretofore called Skeens-
borough thence west to the said tract heretofore called Skeensborough,
thence southerly along the east line thereof and the tracts called the
Artillery and Provincial Patents to the north west corner of the said
town of Hebron., and thence easterly along the same to the place of
beginning, shall be and hereby are erected into a town by the name of
Granville. And all the lands in the said county of Washington lying Hampton.
northward of the said town of‘ Granville and easterly of the said tract
of land, heretofore called Skeensborough, and the north line of Skeens-
borough to Pultney river shall be and hereby are erected into a town by
the name of Hampton. All that tract of land heretofore called Skeens— Whitehall.
borough and all the lands between the said last mentioned tract of land
and the waters of East Bay, and all the lands between the said tract of land
heretofore called Greenfield, and the said tract heretofore called Skeens-
borough, shall be and hereby are erected into a town by the name of
\Vhite-l—lall. And all the lands comprehended within the following Argyle_
bounds, that is to say, beginning at the north west corner of the said
town of Salem and running thence north along the same to the place
of beginning, shall be and hereby are erected into a town by the name
of Argyle. And all that tract of land called Kingsbury, shall be and Kingsbury.
hereby is erected into a town by the name of Kingsbury. And all that
tract of land called Queensbury and all the lands on the west side Queens-
thereof and the east side of Hudsons river to a line to begin at the my‘
east branch of Hudsons river and to run east so as to run one mile
north of Sabbath day Point on Lake George, and thence continuing
east across Lake George to the east bank thereof thence up along the
side of Lake George to the mouth of the creek running into the said
lake on the east side of where Fort George stood, and thence to the
north east corner of the said tract called Queensbury, shall be and
hereby are erected into a town by the name of Queensbury. And all Westﬁeld.
those tracts of land called the Artillery and Provincial patents, and all
the lands to the north thereof not included in either of the towns above
named, as far north as the north line of the said town of Queensbury
and continued east to South Bay, thence along the waters thereof to
the west line of the said tract heretofore called Skeensborough and
thence along the west line thereof to the north line of the said tract
called the Artillery patent, shall be and hereby are erected into a town
by the name of VVestﬁeld. And all the several tracts of patented lands Crown
lying on the west side of Lake- Champlain, south of the township of Pomt'
Platts-burgh, north of the said towns of Queensbury and Westﬁeld, and
east of unpatented lands, shall be and hereby are erected into a town
by the name of Crown-Point.
And &e if fzert/zer enaez‘ed oy Z/ze azez‘lzorizy aforesaid, That the free- Powers of
. . . . n ld-
holders and inhabitants of each and every of the said towns for the time eﬁeanod in-
198
LAWS OF NEW YORK. [CHAR 18.
habitants;
town
ofﬁcers
Towns to
have same
privileges
as other
towns in
the State.
Special
town
meetings,
how called.
Town
meetings,
where held.
Certain
districts
annexed
to Platts-
burgh .
being respectively, shall forever hereafter have full power and authority,
to assemble together, and hold town meetings in their said respective
towns, on the ﬁrst Tuesday of May in every year, and then and there to
elect and chuse one supervisor, one town clerk, three assessors, one col-
lector, one constable, two overseers of the poor, three commissioners of
high-ways, and so many overseers of the high-ways, fence viewers and
poundmasters for each town respectively as to the freeholders and
inhabitants of the same town so met, or the major part of them shall
seem necessary and convenient. And in case any of the ofﬁcers so
chosen shall die, remove out of town, refuse, or become incapable to
serve before the next annual town meeting, then and in every such case,
from time to time when it shall be necessary, to elect and chuse others
in the room of such of them so refusing or becoming incapable to serve,
or dying or removing out of such town; and to assemble together, and
to hold town meetings for that purpose, which several ofﬁcers when
chosen, shall be respectively vested with and have the same powers and
authorities, and be subject to the like rules, regulations and penalties,
as are by law allowed to, and prescribed for the like ofﬁcers respectively
by law. '
And be it further enacted by the authority aforesaid, That the free-
holders and inhabitants of each of the said towns respectively for the
time being shall have the same power and authority, to make bye-laws
and regulations, and shall have and enjoy the like priviledges as the-
freeholders and inhabitants of any town or district in this State, may
do, or are entitled to, by law.
And be it further enacted by the authority aforesaid, That whenever it
may be necessary to hold a town meeting in either of the said towns for
any of the purposes aforesaid, at any time between any of the said
annual town meetings, due notice thereof shall be given by any one jus-
tice of the peace residing in the said county in writing under his hand
specifying the time place and purpose of such town meeting, and ﬁxed
up at four or more of the most public places in the same town at least
eight days before the time therein appointed for holding such town
meeting; and one of the justices of the peace for the time being, resid-
ing in or near each of the said towns respectively, within the county is
hereby directed and required to give such notice as aforesaid, whenever-
it shall appear to him to be necessary to hold such town meeting, or he
shall be requested so to do, by twelve or more freeholders of the said
town.
And be it further enacted by the authority aforesaid, That the ﬁrst
town meeting in the said town of-\Vestﬁeld shall be held at the dwelling
house of Isaiah Bennet near Fort Ann; and in the said town of Crown-
Point, at the dwelling house of Robert Cochran at Crown Point; and in
each of the other towns at such places, as such meetings have heretofore
usually been held ; and that such town meetings shall thereafter be held
in each respective town at such place in each town respectively, as the
majority of the freeholders and inhabitants of the same town, shall from
time to time at their town meeting direct and appoint.
And be it further enacted by the authority aforesaid, That all the
inhabitants within this State, to the north of the north bounds of Platts-
burgh aforesaid, continued to the west’ bounds of the county of Wash-
ington, to the eastward of the said west-bounds, to the southward of the
north bounds of this State, and to the westward of Lake Champlain,
together with the inhabitants of the islands called Isle La-motte, Long
Island and Grand-Isle or Island, may meet and vote in every town
meeting to be held in and for the township of Plattsburgh in common
CHAP. 20.] NINTH SESSION. 199
' settlement of the public accounts of this State
with the inhabitants residing in the said township, until further legisla-
tive provision shall be made.
And ﬁe it further enacted ﬁy the authority aforesaid, That it shall and Taxes, col~
may be lawful to and for the treasurer for the time being of the said },3.<;gg’,g&f_
county of Washington to prosecute and recover from all and every col-
lector in the said county all arrears of taxes by action of debt in his
own name and further that it shall be lawful for all and every of the
said collectors to collect and recover the said arrears in the same man-
ner as if this act had never been made.

OHAP. ‘19.
AN ACT for making public securities payable to the bearer.
PASSED the 28th of March, 1786.
Be it enacted ﬁy the People of the State of New York represented in Public se-
Senate and Assenzﬁty, and it is hereﬁy enacted ﬁy the authority of the same, 3115212653.?
That all notes, certiﬁcates or securities, given or issued in pursuance of able to
any law of this State and which are not negotiable, shall be, and hereby eater’
are declared to be negotiable after the passing of this act; and that the
monies due, or to become due on any such notes certiﬁcates or securi-
ties, and on any notes, certiﬁcates or securities originally issued and
made assignable in pursuance of any law of this State, shall hereafter
be payable to the bearer thereof, any thing contained in such notes,
certiﬁcates or securities, or any law to the contrary in any wise notwith-
standing.
oHAP. 20.
AN ACT further to continue and amend an act entitled An act
for the appointment of an auditor and the settlement of the
public account of this State.
' PASSED the 28th of March, 1786.
' Be it enacted ﬁy the People of the State of New York represented in Act recited
Senate and Assernﬁly, and it is hereﬁy enacted ﬁy the authority of the same fggglrlég‘igr
That the act entitled “An act for the appointment of an auditor and the two years-
” shall be and hereby is
continued in full force and virtue to all intents and purposes until the
twenty third day of March which will be in the year of our Lord one
thousand seven hundred and eighty eight.
And ﬁe it further enacted ﬁy the authority aforesaid That the said Auditor,
auditor shall be allowed for his services in that station from the twenty
third day of March in this present year one thousand seven hundred and
eighty six at and after the rate of three hundred and ﬁfty pounds per
annum during the continuance of this act to be paid in four equal quar-
terly payments.
200 . LAws or NEW‘ YORK. [CHAR 21.
CHAP. 21.
AN ACT for the more effectual collection of the arrears of taxes.
PAssED the 31st of March, 1786.
Preamble. WHEREAS a considerable part or the arrears of taxes directed to be
collected by the act entitled “An act to compel the payment of the
arrears of taxes for enforcing the payment of ﬁnes and amerciaments,
obliging sheriffs to give security for the due execution of their ofﬁces,
and for other purposes,” passed the twenty sixth day of November in
the year of our Lord, one thousand seven hundred and eighty four, is
yet unpaid. And w/zereas a great proportion of the inhabitants of this
State, did, during part of the late war, receive certiﬁcates only, in com-
pensation for their personal services, and for the property taken from or
delivered by them for the use of this State, and of the United States,
by means whereof many of the said inhabitants are rendered incapable
to discharge such of the taxes imposed on them as were made payable
in specie. And w/zereas the time prescribed by the said act for collect-
ing the said arrears is expired —— therefore. _
Arrears of Be it enacted . by t/ze People of tbe State of New York represented in
gzxyzillgagle Senate and Assembly and it is bereby enacted by Use autbority of tbe same,
certiﬁcates That it shall and may be lawful to and for all and every person or persons
wit’g‘r‘fﬁme chargeable with the payment of any such arrears to pay the same at any
Speciﬁed time on or before the ﬁrst day of October nextin any certiﬁcates or other
securities speciﬁed in the ﬁfth section of the act entitled an act for the
speedy sale of the conﬁscated and forfeited estates within this State and
for other purposes therein mentioned, or in certiﬁcates issued or to be
issued by the treasurer of this State, but no computation or allowance
shall be made for interest on any such certiﬁcates in the said payments,
and it is hereby made the duty of the collectors respectively to collect
and receive the same.
Arrears of And be it fzcrt/zer enacted by tile aatbority aforesaid Thall* all arrears of
285300500 to tax due on the tax imposed by the “Act for raising £100,000 within-the
be paid’in several counties therein mentioned passed May 6th 1784 ” shall be col-
Specle' lected in gold and silver money only, and the monies so collected shall
be paid into the hands of the treasurers of the counties respectively
wherein the same shall be collected and shall be appropriated to the use
of the said counties respectively (as the supervisors thereof shall direct,
proviso; provided nezIert/zetess, that it shall and may be lawful for the said treas-
gfelgggers urers respectively and they are hereby required to apply so much of the
maypay said arrears so to be collected to the purchase of any of the public
{15531153538 securities designated in the ﬁrst nlause of this act as shall amount in
lslry Of' nominal specie value exclusive of interest, to the amount of the arrears
tate. . . .
due from the county whereof he is treasurer and to pay the securities
so purchased into the treasury of this State on or before the ﬁrst day of
October next in discharge of such arrears any thing in this or any other
act to the contrary hereof notwithstanding.
Arrears And be it fart/zer enactea by the ant/zority aforesaid, That all such part
not be paid of the said arrears as shall not be paid to the treasurer of this State on
by Novem . .
berdLto be or before the ﬁrst day of November next shall be collected and paid in
53,201? gold or silver coin, and shall be collected and recovered in the manner
directed in and by the said act, entitled “An act to compel the payment
of the arrears of taxes, for enforcing the payment of ﬁnes and amercia-

* So in original.
CHAP. 21.] NINTH SESSION. , -. 201
ments obliging sheriffs to give security for the due execution of their
ofﬁces and for other purposes,” and shall be paid to the treasurer of
this State on or before the ﬁrst day of January next—And all and
every the assessors, collectors, supervisors, treasurers and justices in the
same act maintained shall be and hereby are respectively vested with
all the powers and authorities, and made subject to all the penalties and
forfeitures in the same last mentioned act prescribed.
A 12d be it farZ/zer enaez‘ed by Me aza‘borz'z‘y aforesaid, That in case any Vacancy in
county treasurer shall die, "remove from the county or become incapable 3353?
or refuse to execute his ofﬁce, it shall and may be lawful to and for the gigasul‘eri
supervisors of the county and they are hereby required to appoint '
another treasurer in the place of him so dying, removing or becoming
incapable or refusing to execute the said ofﬁce, and if any supervisor or
supervisors of any county shall neglect or refuse to perform any of the
duties required of them by the said act or by this act, he and they so
neglecting or refusing shall forfeit and pay to the people of this State
the sum of.ﬁve hundred pounds to be recovered by the treasurer for the
use of the people of this State by action of debt in any court of record.
And be iz‘ furZ/zer erzaez‘ed by Z/ze aal/zorizy aforesaid, That if any Penalty
treasurer of any county shall neglect or refuse to perform any of the {,‘gft'llggéf’ct
duties required of him by the said act or by this act, such county treas- urer-
urer shall for every month he shall so neglect or refuse forfeit and- pay
to the people of this State the sum of two hundred pounds to be
recovered by the treasurer of this State for the use of the people of
this State by action of debt in any court of record.
And be it farZ/zer enacted by Z/ze aza‘borizy aforesaid, That all monies Taxes
. . . . . already
which have been paid or shall be paid 1n gold or silver to the collector paid in
of any town manor district or precinct shall be paid to the treasurer of gpecie, to
. . . . 8 3C-
the county 1n gold or silver only and that all monies which now are or counted
hereafter shall be received by any county treasurer in gold or silver £3251‘,
shall be paid to the treasurer of this State in gold or silver only and the
county treasurers shall examine the respective collectors their executors
or administrators under oath as to the sum by such collector received
of the said taxes in gold and silver. and any of the judges of the infer-
ior courts of common pleas shall examine the treasurers of the respec-
tive counties in which they are judges, their executors or administrators
as to the sum by such treasurer received in gold or silver and give a
certiﬁcate of such examination to such county treasurer, his executors
or administrators, specifying the amount of the sum so received by him
in gold or silver which certiﬁcate shall be ﬁled with the treasurer of
this State. _
And be it further enaeted by file azef/zorz'zfy aforesaid, That all suits Actionsfor
already commenced, or which may hereafter be commenced, for any ggtgglgggii,
. penalties already incurred by virtue of the act herein before recited
passed on the 26th day of November 1784 against any county treasurer,
supervisor, assessor or collector, shall be and hereby are discharged, any
thing in the said act to the contrary hereof notwithstanding, proz'ided Proviso;
always, that the defendant in every such suit shall be and hereby is ﬁgfggfams
required to ‘pay .all costs and charges which have attended any suit so Costs-
commenced. -
And be it further mated by Z/ze azef/zoriz‘y aforesaid, That the taxes Taxes as-
heretofore assessed on the districts of Skeensborough, Kingsbury, ﬁgiiggm
Queensbury, Fort Edward, Fort Miller and Granville in the county of
Washington (other than district or county taxes) shall be and hereby '
are remitted, any thing in this or any other law to the contrary hereof
notwithstanding.
VOL. 2. —— 26
‘15'
. LAWS OF NEW YORK. [CHAR 22.
Persons in
conﬁne-
ment on
civil pro-
cess to be
discharged.
Persons
discharged
not to be
again ar-
rested for
same
cause.
Judgment
to continue
a lien
against
property
and new
execution
may issue.
CHAP. 22.
AN ACT for the relief of insolvent debtors with respect to the
imprisonment of their persons.
PASSED the 3rst of
Be it enactea by the People of the State of New Yorh represented in
Senate and Assembly and it is hereby enacted by the authority of the same,
That all and every person and persons now conﬁned in any goal within
this State upon execution or upon any other writ or process or by virtue
of any judgment or order of any court of record or warrant from any
justice of the peace for any debt or debts or sum or sums of money or
ﬁne or ﬁnes or forfeiture or forfeitures not exceeding in the whole the
sum of ﬁfteen pounds exclusive of costs shall be discharged from- such
imprisonment: and the sheriff, goaler, or keeper of the goal in which
any such person is conﬁned as aforesaid shall upon notice of this act
discharge such person out of custody if detained for such debt, sum of
money, ﬁne or forfeiture and for no other cause: and no such sheriff or
goaler shall be liable to any action of escape or other suit or informa-
tion upon account thereof: and if any action suit or information shall
be brought or exhibited against any such sheriff or goaler for or on
account of such discharge, such sheriff or goaler may plead the general
issue and give this act in evidence and if the plaintiff be non suited, or
discontinue his or her action or a judgment be given against him or her
upon a verdict or demurrer the defendant shall have treble costs.
And be it further enacted by the authority aforesaid, That no person dis-
charged from imprisonment by virtue of this act shall at any time there-
after be imprisoned for the same cause and if any such person ‘so dis-
charged shall be arrested for the same cause it shall be lawful for any
judge of the court out of which the process issues to discharge such
person out of custody, so as such person do give a warrant to some
attorney of the same court to appear and plead to such action.
Provided always, and be it further enacted by the authority aforesaid,
That notwithstanding such discharge all and every debt and demand
against such person so discharged and all and every judgment and
decree had or obtained against him or her, shall stand and be good and
effectual in law to all intents and purposes against the lands, tenements,
hereditaments, goods and chattels of such person so discharged which
he or she or any person or persons for him or her hath at the time of
such discharge, or at any time thereafter may have, or be in any wise
seised or possessed of or entitled to either in law or equity except the
necessary wearing apparel and bedding of such person and of his wife -
and children: and it shall and may be lawful for any creditor of such
person so discharged and at whose suit such person is now conﬁned,
and for the executors or administrators of such creditor to take out a
new execution against the lands, tenements, hereditaments, goods and
chattels of such person so discharged, except as before excepted, for
the satisfaction of his or her debt in such sort manner and form as he
or she might have done if such person had never been taken in exetion:
and in case no judgment is obtained against such person so discharged
by such creditor, then it shall be lawful for such creditor to continue or
prosecute his or her action to judgment, and to take out execution as
aforesaid against the lands, tenements, hereditaments, goods and chat—
tels of such person so discharged, except as before excepted, for the
CHAP. 2 3.] NINTH SESSION. _ 203-
satisfaction of his or her debt or damages and costs of.suit; but the
person of such debtor so discharged shall not be 1mprlsoned for the
same debt or debts, sum or sums of money, ﬁne or ﬁnes, forfeiture or
forfeitures, for which he or she is now conﬁned, or any or elther of
them.
And ﬁe it further enacted ﬁy the authority aforesaid That this act shall Act ex-
extend to all debts sums of money, ﬁnes and forfeitures due to the 311%? to
' ﬁ es,’ to.,
people of thls State. _ dge ﬁfe
State.
CHAP. 23.
AN ACT for the collection and commutation of quit rents.
PASSED the 1st of April, 1786.
Be it enacted ﬁy the People of the State of New York represented in Arrears of
Senate and Assenzﬁ/y and it is hereﬁy enacted ﬁy the authority of the same, ‘glgﬁﬁglt
That in all cases where any person or persons being citizens of this ,I’Jitgfaitgscel‘
State, or of any of the United States, is or are or shall be seised of any ' '
lands or tenements in this State, charged with the payment of quit rent,
it shall and may be lawful to and for such person and persons, at any
time on Or before the ﬁrst day of January next to pay to the treasurer
of this State for the time being for the use of the people of this State,
all the arrears of such quit rent then due, in any public securities
receivable in payment on sales of conﬁscated estates or in any other
securities or certiﬁcates issued or to be issued by the treasurer of this
State, and at the same rate such securities and certiﬁcates are receiva-
ble in payment for conﬁscated estates: But no quit rent which Arrears
accrued between the twenty ninth day of September, one thousand seven 5113;?“
hundred and seventy ﬁve and the twenty ninth day of September, one remitted.
thousand seven hundred and eighty three, shall be demanded or exacted
from any such person or persons.
And ﬁe it further enacted ﬁy the authority aforesaid, That it shall and Qommuta-
may be lawful to and for all and every person and persons being citi~ 33,135,“,
zens of this State, or of any of the United States, who is, are, or shall be gowﬂpadé
. . . . ycltlzens.
seised of any lands or tenements In this State, charged wlth an annual
quit rent, to commute for the same by paying fourteen shillings for every
shilling of such annual quit rent, at any time on or before the ﬁrst day
of May one thousand seven hundred and eighty seven in such public
securities or certiﬁcates as aforesaid, to the treasurer of this State for
the time being, for the use of the people of this State; and the said
treasurer shall upon such payment give the person making such pay—
ment a receipt or certiﬁcate expressing the sum paid, the annual quit
rent in lieu or discharge of which the same is paid and the land on
which the same annual quit rent was charged or reserved, and shall
enter the same receipt or certiﬁcate in a book by him to be kept for that
purpose: Which receipt or certiﬁcate or the entry thereof shall be a
good discharge of such quit rent for ever. .
And ﬁe it further enacted ﬁy the authority aforesaid That where there 1d-, where
are or shall be several owners or proprietors of any tract of land 3,1532?”
chargeable with quit rent and which shall have been divided into as among,
many shares as there were original proprietors in the grant, it shall and gi-igeirnal
may be lawful to and for any original proprietor or his or their legal Propnewrs
representative to pay the proportion of such share in manner directed
in the ﬁrst clause of this act, and to commute for the future quit rents
204 LAWS OF NEW YORK. [CHAR 23.
of such share in manner directed by the second clause of this act,
provided that such payment and commuting shall be on or before the
ﬁrst day of January next.
Id_., by And be it fzcrt/zer enacted by t/ze ant/zority aforesaid That it shall and
aliens‘ may be lawful to and for all and every person or persons not being citi-
zens of this State or any of the United States who is or are seised of
any lands or tenements in this State charged with an annual quit rent
to commute for the same by paying fourteen shillings in gold or silver
for every shilling of such annual quit rent at any time on or before
the ﬁrst day of January 1788, to the said treasurer for the use of the
people of this State, and the said treasurer shall give a like certiﬁcate
and enter the same as directed in the next preceeding clause.
Id., where And be it fzcrt/zer enacted by Me azct/zoritv aforesaid That where, in the
grant or patent of any lands or tenements in this State the reservation
glodnggtin is in kind, and not in money, the value thereof shall be estimated
' according to the accounts of the receiver general of the late colony
now State of New York; and in cases where no such estimation has
been had by the receiver general, or that his books and accounts shall
not be found, it shall and may be lawful for the treasurer of the State
for the time being to settle the accounts of such quit rents expressed in
kind as aforesaid, according to equity and good conscience.
Quitrentg And be it fart/zer enacted by t/ze azct/zoritv aforesaid That all quit
{31383538 rents now ‘due and to become due from. any person or persons not citi-
in Specie: Zens of this State, or of any of the United States, shall be paid in gold
and by citi- - - -
Zens after or silver coin: And all quit rents now due and to become due from
dayﬁxed- any person or persons being citizens of this State or of any of the
United States, and which shall not be paid on or before the said ﬁrst
day of January next, shall also be paid in gold or silver coin only.
Quit, rent And be it fzcrt/zer enacted by t/ze aat/zority aforesaid That whenever
ifgrag‘ﬁ‘jgf there shall be three years quit rent due and in arrear upon any grant or
years, sale patent for lands in this State, or upon any lands contained in such grant
$323,‘? to or patent, it shall and may be lawful for the treasurer of this State for the
gigo9eed— time being and he is hereby required to give notice in two or more of
gs. . . . . . . .
the public news papers printed in this State (which public notice shall
be so continued for three months at the least) that if the owners or
proprietors of such lands, do not within twelve months after the date
of such public notice, pay the arrears of quit rent, due for such lands,
with the charge of such notices to the treasurer of this State for the
time being, then so much of the said lands will be sold at public ven-
due, as will pay the same with the charges of [such notices and sale.
And such notice so to be given as aforesaid shall express to whom the
grant or patent was originally made ; the date thereof, and the sum due
thereby to the last day of payment preceeding such notice, as far as the
same does appear from accounts of quit rents in the books of the said
late receiver general or the accounts of the said treasurer : And upon
the failure of payment of the said quit rent and charges of such notices
as aforesaid, it shall and may be lawful for the treasurer of this State
for the time being, and he is hereby required by himself or his attorney,
or the attorney general of this State, to apply to the junior justice of
the supreme court of judicature of this State for the time being, who
is hereby authorized and required as justice of the court of exchequer
for this State, to cause an advertisement to be published in one of the
public news-papers printed in the city of New York, notifying all per-
sons interested in such lands, to appear before him on such day, and at
such place, as he shall therein appoint, not less than thirty, nor more
than forty days thereafter, to shew cause if any he, she, or they hath or
CHAP. 23.] NINTH SESSIQN.
205
have, why so much of the said lands shall not be sold as will satisfy and
pay the said quit rent, with the charge of such notices : And in case
no person shall appear at the time and place so appointed, either in
person or by attorney ; or if any person or persons shall appear at such
time and place the said justice shall hear the party or parties so appear-
ing in a summary way, and shall thereupon certify under his hand, the
sum due for quit rent on the said lands, together with the charges of
the said notices, and .the process to issue thereon : And shall then issue
process, under his seal, directed to the sheriff of the county where the
said lands lie, commanding such sheriff within sixty days after the teste
of such process (which shall be in the name of the people of this State,
and tested in the name of the said justice on the day of the date of
such certiﬁcate) to sell at public vendue to the best bidder, so much of
the said lands, as will pay the sum so certiﬁed to be due for quit rent
and charges as aforesaid, and the further incidental charges thereon,
and'to pay the same monies so certiﬁed to be due for quit rent and
charges, to the treasurer of this State within sixty days after such sale.
And-every such sheriff to whom any such process shall be directed is
hereby empowered and required within six days after the receipt of
such process to cause advertisements to be afﬁxed on the court house
and three or more of the most public places in the county where the
lands lie, that on such day (which shall not exceed ﬁfty nor be less
than thirty days after the date of such advertisement) so much of the
said lands will be sold at public vendue at' the said court house to the
best bidder, as will pay the sum mentioned in the said process and the
charges of advertisement, sale, survey and conveyance thereof. And
upon the day appointed for such sale as is before directed, the same sale
shall be made at the court house of the county in which the lands lie,
between the hours of nine of the o’clock in the forenoon and two of
the clock in the afternoon : And at the time of such sale such person
or persons as will accept of the least quantity of land to pay the sum
mentioned in the said process and all charges, which such sheriff shall
then make a true account of, as far as can be then ascertained, shall be
deemed the best bidder. And upon such sale such sheriff shall cause
such land so sold to be surveyed and shall. then upon the receipt of the
purchase money; make, sign, seal, and deliver deeds and conveyances
thereof to the purchaser or purchasers thereof : 'Which deeds and con-
veyances so made and executed shall be and are by virtue of this act
declared to be a good, valid and sufﬁcient title, both in law and equity,
to all intents and purposes whatsoever; and the purchaser and purchasers
of lands by virtue of this.act, and their respective heirs and assigns shall
be hereby severally vested in and intitled to an estate in fee simple of and
in all and every part of the said lands tenements and hereditaments so
by him her or them purchased by virtue of this act: Provided always
that the lands so to be sold by virtue of and in pursuance of this act,
shall be ‘surveyed and laid out in one entire piece, and at one side or
end of the tract out of which the same shall be sold; and shall always
be of the unimproved land, if there shall be so much thereof unimproved
in one piece, Proozded also that in any county in which there shall not
be a court house at the time of such advertisement and sale, the adv'er-
tisement shall be afﬁxed and the sale shall be at the place where the
then last inferior court of common pleas was held, Arzdpro'oidedfurz‘lzer,
that no such sale shall be made, until after the ﬁrst day of January next.
And be it farz‘lzer enacted by l/ze auz‘lzority aforesaid That every sheriff Sheriff,
to whom any such process shall be directed and delivered, shall before
he proceeds to execute the same, take an oath to be administered to him
oath to be
taken by.
206
LAl/VS OF NEW YORK. [CHAP. 23.
'Sheriﬂ’ to
account
for monies
received
_ on sale;
compensa—
tion.
Undivided
lands, per-
son paying
quit rent
may re-
cover of
joint own-
ers.
Id., where
lands of
one of sev-
eral owners
is sold to
satisfy
quit rent.
Quit rent
remitted
on forfeit—
ed estate
sold
Sterling
and proc-
lamation
money,
how com—
puted.
in the Words following, to wit; You shall well, truly, faith-
fully, and honestly discharge the trust reposed in you by virtue of an
act entitled “An act for the collection and commutation of quit rents”
according to the best of your skill and understanding. Which oath any
justice of the peace is hereby authorized and required to administer,
and to give a certiﬁcate thereof to the said sheriff who shall ﬁle the
same with the clerk of the county in which the lands lie.
Ana’ ﬁe z'z‘fzerz‘ﬁer erzaetea’ ﬁy t/ze auz‘lzerz'z‘y afﬁresaz'a’ That the respective
sheriffs to Whom any such process shall be directed and delivered, shall
after the delivery of such deeds and conveyances as aforesaid, and
within sixty days after such sale, pay to the treasurer of this State for
the time being, the sum so certiﬁed by such justice of the supreme court
and mentioned in such process to be due for quit rent on the said lands,
and for charges as aforesaid. And it shall and may be lawfull for such
sheriff to retain for his own trouble and the other charges attending
such sale, so much as the justices of the peace of the same county Where
the lands lie in their general sessions, shall allow and certify to be due '
for the same; and shall return the surplus of the monies if any there be,
to the person or persons to whom the lands so sold did belong immedi-
ately before such sale; or if he, she, or they cannot be found then such
sheriff shall deliver such overplus monies to the said treasurer, who is
hereby required to receive andapply the same from time to time, to the
payment of the quit rent that shall become due thereafter from such
person or persons: And the said sheriff shall at the same time deliver
to the treasurer a full and just account of the monies arising from such
sale, and of’ the application of the same.
Ana’ ﬁe z'z‘ fart/lee enaez‘ea’ ﬁy i/ze azef/zorz'fy afﬁresaz'd That where there
are or shall be several owners or proprietors of any tract of land charge-
able with quit rent, it shall and may be lawful for any or either of such
owners or proprietors to pay his, her, or their proportionable part of
such quit rent; and in such case no part of the lands of such person or
persons so paying shall be liable to be sold by virtue of this act; and in
such case if such lands shall be undivided, then such part of the undi-
vided shares of the persons who have not paid, shall be sold as will be
sufﬁcient to pay the said quit rent and charges.
Alla’ ﬁe 2'! furZ/zer eezaez‘ea’ ﬁy t/ze auz‘lzorz'z‘y aforesaid, That where there
are or shall be several owners or proprietors of any tract of land charge-
able with quit rent, and the lands of one or more of them shall be sold by
virtue of this act for payment of the quit rent due upon the whole tract, it
shall and may be lawful for the person and persons whose lands shall be so
sold to recover from the other owners or proprietors of such tract, such
part of the monies for which the same land shall be sold, as such other
owners or proprietors ought to have paid, together with interest and costs.
A 12a’ ﬁe z'tfzerf/zer e/zaez‘ea’ ﬁy t/ze aut/zﬁrz'z‘y aforesaid That no purchaser
of forfeited estates shall be liable to pay quit rents for any lands pur-
chased or to be purchased by him or her, but the same and all the arrear-
ages thereof shall be and are hereby forever remitted.
Ana’ ﬁe 2'1‘ farZ/zer erzaez’ea’ ﬁy Z/ze aut/wrz'z‘y afﬁresaz'a’ That all quit rents
reserved in sterling money shall be computed at and after the rate of
one hundred and seventy ﬁve pounds lawful money of this State for
every one hundred pounds sterling money aforesaid ; and that all quit
rents reserved in proclamation money, shall be considered as current
money of this State.
Ana’ w/zereas many of the inhabitants of this State have been driven
from their habitations by the incursions of the enemy and thereby have
been greatly distressed, therefore
CHAP. 24.] NINTH SESSION. 207
Be it enacted ﬁy the authority aforesaid That any person or persons Where
havlng been so driven off as aforesaid, shall be exempted from paying 835.5828
any arrears of quit rents now due and which are required to be paid fr°mlands~
. . . by enemy.
by this act for so much land and was 1ncluded 1n the farm whereon rentremit-
they actually resided and from which they were driven as aforesaid pro- ted‘
z/ided such farm does not contain more than one hundred & ﬁfty acres.
And provided that any person claiming such exemption shall produce a Proviso;
certiﬁcate signed by one of the judges of the inferior court of the county 23%;‘???
wherein such person resides specifying that he or she was obliged to (“wed-
quit his or her farm on account of the war, and also specifying the
number of acres contained in such farm.
CHAP. 24.
AN ACT for relief against absconding and absent debtors.
PASSED the 4th of April, 1786.
WHEREAS divers persons, being indebted within this State, and having Preamble,
estates or effects in the same, with design to defraud their creditors of
their just dues, do secretly depart the State and procure their estates
and effects, or the value thereof, to be remitted to them, or conceal
themselves‘ within the State in order to elude the service of the ordi-
nary process of the law or to bring their creditors to an unreasonable
composition, for remedy whereof.
Be it enacted ﬁy the People of the State of New Yorh, represented in Abscond-
Senate and Assenzﬁty, and it is hereﬁy enacted ﬁy the authority of the same, mg and
concealed
That from and after the passing of this act, whensoever it shall happen, dpthttgrs.
that any person or persons whomsoever, being indebted within this flneﬁs
State, shall either secretly depart this State, or keep concealed within 312-13312),
the same, any one creditor, or joint company whose debt or demand is of, how
due to them jointly, to whom such absconding or concealed person or $821532“
persons is or are indebted in the sum of forty founds or upwards, or
any two to whom he she or they is or are indebted in the sum of sixty
pounds or upwards or any three to whom he she or they is or are
indebted in the sum of eighty pounds or upwards, over and above all
discounts, may make application to the judges of the supreme court of
this State for the time being, or any one of them, and make afﬁdavit or
afﬁrmation in writing, in cases where by law an afﬁrmation is allowed,
that the said absconded or concealed person or persons is or are
indebted to him her or them in the sum in one of the sums* herein before
mentioned, or in any sum exceeding the said sum hereinbefore men-
tioned in any of the cases aforesaid over and above all discounts and
that he she or they, do verily believe that the said absconding or con
cealed person or persons, is or are, either departed the State or concealed
within it with intent and design to defraud him her or them, and other
creditors if any such there be, of their just dues, or to avoid being
arrested by the ordinary process of law, which departure or conceal-
ment shall also be proved to the satisfaction of such judge or judges by
two credible witnesses, and on such afﬁdavit or afﬁrmation and such
other proof made, the said judge or judges or any one of them, hereby
is, and are fully impowered, authorized and required forthwith to issue
* So in original.
208
LAWS OF NEW YORK. [CHAR 24.
Notice to
absconding
person to
be pub—
lished.
Perishable
goods
seized to
be sold.
Where
goods
seized are
claimed
by others,
proceed—
ings to de—
termine
title.
his or their warrant or warrants to the sheriff of the city or county, which
contains the last usual place of residence of such absconding or con-
cealed person or persons, or to the sheriff or sheriffs of any or every
other city or county within this State, commanding such sheriff or sheriffs
respectively to attach, seize, take and safely keep, all the estate as‘well
real as personal of the said absconding or concealed person or persons,
of what kind or nature soever, and every or any part or parcel thereof
in whatever part of his bailiwick they can be found, with all evidences’,
books of accounts, vouchers and papers relating thereto, which warrant
or warrants, the sheriff or sheriffs respectively, to whom the same shall
be directed and delivered, are hereby required well and truly to execute,
and with the assistance of two substantial freeholders, forthwith to make
a just and true inventory of all such estate and effects as he shall seize
and take by virtue thereof and to return the same, signed by himself
and the said two freeholders to such judge orjudges who issued the
warrant or warrants for taking and seizing thereof.
And be it fart/tor enacted by t/ze azct/zority aforesaid, That such judge
or judges who shall issue such warrant or warrants shall immediately
thereafter, order notice to be given in two of the public news papers
printed in this State, one of which to be printed in the city of New
York, that on application to him or them made by a creditor or credit-
ors, as the case may be, of such absconding or concealed person or
persons, he has directed all his her or their estates, real and personal
within this State to be seized, and that unless he she or they, by name,
so absconding or concealed, return and discharge his her or their debt
or debts within three months after such public notice given, all his her
or their estates, real and personal will be sold for the payment and saris-
faction of his, her or their creditors.
And be it fnrt/zer enacted by Me ant/zority aforesaid, That in case any
sheriff or sheriffs shall by virtue of any warrant or warrants to be issued
in pursuance of this act, seize and take any perishable goods or chattels,
it shall and may be lawful for the judge or judges who issued such war-
rant or warrants at his or their discretion, to order the sale of such
perishable goods and chattels, and the monies arising thereby, to be
delivered and paid to the trustees who shall be appointed in pursuance
of the directions of this act.
And be it fzcrt/zer enacted by t/ze ant/zority aforesaid, That if any sheriff
shall by virtue of any warrant or warrants to be issued in pursuance of
this act, through ignorance or want of proper information seize and
take any goods chattels or effects, which shall and may be claimed or
challengedby any person or persons as his her or their property, it shall
and may be lawful for such sheriff thereupon to summon and swear a
jury to enquire into and try the right and property thereof, and if such
jury shall upon such inquest ﬁnd the right and property of such goods
chattels or effects, to be in the person or persons so claiming the same,
or in any other than the person or persons against whose effects or estate
such warrant or warrants did issue, such sheriff shall forthwith after
such inquisition had and taken, deliver such goods chattels and effects
to the person or persons in whom the property thereof shall be so found,
or to his her or their agent attorney or assigns, and such sheriff shall
not be liable to any suit or prosecution for his having seized and taken
such goods chattels or effects, so seized and taken through ignorance or
for want of proper information; and all reasonable charges arising by
the sale of such perishable goods or chattels or by such inquest as
aforesaid, shall be allowed and certiﬁed by the judge or judges who
issued such warrant, and paid out of the estate or affects of the ab—
CHAP. 24.] NINTH SESSION. 209
scondin'g or concealed person or persons against whose estate and effects
such warrant issued, if the property of such goods chattels or effects so
claimed shall by such inquisition be found to be in any other than the
person or persons against whose estate or effects such warrant issued;
but if the property of the goods chattels or effects so claimed, shall by
such inquisition be found to be in the person or persons, against whose
estate or effects such warrant of attachment did issue, then all costs
charges and expences accrued or arising, by such claim and inquisition,
or either of them shall be paid by the person or persons who claimed
the same or applied for an inquisition to be had, or occasioned the
same to be had and taken.
A 12d be if fzirz‘lzer mated by Me aaz‘lzorizy aforesaid, That if any per- persons
son or persons, indebted to any such absconding or concealed person Sféigggsflgo
or persons, or having the custody or possession of any effects or other absconding
thing or things whatsoever of any such absconding or concealed person ﬁtsbggggg
or persons, shall after such ﬁrst public notice as aforesaid given, pay afteqnotice
_ . . published,
any debt or demand or deliver any such effects or other thing or things deemed to
whatsoever, to any such absconding or concealed person or persons, or Pglledgflted
his her or their attorney agents factors or assigns, the person or persons lently.
so paying any such debt or demand or delivering such effects or other
thing or things whatsoever, shall be deemed to have paid or delivered
the same fraudulently, and is and are hereby made liable to answer the
same, or the amount or value thereof to such trustees or the survivor of
them, as shall by virtue of this act, be appointed to receive and dis-
tribute the estate and effects of such absconding or concealed person
or persons, towards the payment and satisfaction of his her or their
creditors, and if any person or persons, indebted to or having the cus-
tody or possession of any effects, or other thing or things whatsoever,
of any absconding or consealed debtor or debtors, shall after such pub-
lic notice as aforesaid given, be sued by him her or them, or by his her
or their order, attorney or procurement for any such debt or debts,
duty demand effects or thing, he she or they so sued may plead the gen-
eral issue, and give this act and the special matter in‘ evidence.
And be if fzirl/zer eizaeled by l/ze azel/zoriiy aforesaid, That all sales sales and
and conveyances of the estates lands goods chattels or effects of such convey‘
. . ances by
absconding or concealed person or persons and all assignments of any absconding
promisary note, bill of exchange, security, or chose in action to him her gglgﬁfgoﬁce
or them, due or belonging, made by him her or them after such public gublished,
. . . . . eolared
notice as aforesaid given, and all letters of attorney by him her or them void,
for selling any estate or effects, or collecting any debts or demands
whether made after or before such ﬁrst public notice as aforesaid given,’
shall be null and void to all intents constructions and purposes what-
soever as to all acts done or to be done, after such ﬁrst public notice
given, any law usage or custom to the contrary notwithstanding.
And be ii‘ fzirz‘lzer eizaez‘ed by Me aziz‘lzoriz‘y aforesaid, That if any per- proceed-
son or persons against whose estate or effects, such warrant or warrants 172525321“
of attachment as aforesaid shall have issued, shall at any time before tachment,
the appointment of trustees for all the creditors of such debtor or fbhsiggding
debtors be made, either by him her or them or by his her or their attor- debtor
ney or agent by petition to the judge or judges who issued such warrant, appears
offer to prove to the court of which he or they is or are judge or judges,
in open court that he she or they against whose estate or effects such
warrant or warrants issued, is or are resident within this State and were
not, at the time such warrant issued, nor within thirty days preceding
nor at any time after, and is or are not then absconding or concealed
and thereby pray that the same may be heard and determined at the then
VoL. 2.--— 27.
210
LAWS OF NEW YORK. [CHAR 24.
Trustees of
property
of abscond-
ing debtor,
appoint—
ment of.
next term of such court, and shall and do at the same time execute and
deliver to the creditor or creditors who applied for and obtained such
warrant or warrants of attachment a bond with good and sufﬁcient secu-
rity to be approved of by the said judge or judges in the sum of forty
pounds binding the obligors jointly and severally with -a condition that
if such person or persons by-name against whose estate or effects such
warrant or warrants issued, do not prove to the said court at the then
hext term, that he she or they, is or are resident in this State and were
not at the time such warrant or warrants issued, nor within thirty days
preceding the issuing thereof nor at any time after, and is or are not
absconding or concealed, then such bond or obligation to be void, other-
wise to remain in full force and virtue, then and in ‘every such case, the
judge or judges who issued such warrant or warrantsshall report his or
their proceedings in the premises to the court whereof he or they is or
are judge or judges at the next term thereof which court is hereby
authorized and empowered to compel the parties and their witnesses to
come into court, and hear the proofs and allegations of the parties and
their witnesses in a summary way, and thereupon to determine whether
the matters and things in such petition have been fully proved and sup-
ported, and if such court shall adjudge and determine that the matters
and things contained in such petition have been fully and satisfactorily
proved and supported, then such court shall grant a supersedeas to such
warrant or warrants, and the person or persons against whose estate or
effects such warrant or warrants did issue, shall recover his her or their
costs to be taxed by the said court in open court, of the creditor or creditors
who procured such warrant or warrants of attachment to be issued ; but if
the said court shall judge and determine that the matters and things in
such petition mentioned have not been fully and satisfactorily supported
and proved to the said court, then the person or persons to whom such
bond as aforesaid shall have been given, his her or their executors or
administrators shall recover the penalty or sum of such bond together
with costs of suit by action of debt, bill, plaint or otherwise, in any court
of ‘record within this State: The one moiety of such penalty or sum to
the use of the obligee or obligees his her or their executors, administra-
tors, or assigns ; and the other moiety thereof when recovered and
received to be paid to such trustees or the survivor of them as shall be
appointed to manage and distribute the estate and effects for seizing
whereof such Warrant or warrants issued; to be by such trustees or the
survivor of them disposed of and distributed in like manner as all other
monies that may come to their hands by virtue of their appointment as
trustees, are directed to be disposed of by virtue of this act.
And ﬁe z'z‘ fart/2e?" eizaez‘ed ﬁy z‘ﬁe aut/zorz'zj/ aforesaid, That if such
absconding or concealed person or persons do not return within three
months next after such public notice as aforesaid given, and discharge
his her or their debt or debts, or otherwise compound with or satisfy his
her or their creditors not having presented such petition and given such
bond as aforesaid; or if such absconding or concealed person or per-
sons shall have presented such petition and the court shall have adjudged
and determined that the matters and things in such petition mentioned
‘ have not been fully and satisfactorily supported and proved, or shall
have refused’ to grant a supersedeas to such warrant or warrants, that
then and in either such case, it shall and may be lawful for the judge or
judges who issued the warrant of attachment, or the judges of the same
court 'for the time being or any one of them to nominate and appoint
three or more ﬁt persons to be trustees for all the creditors of such
absconding or concealed person or persons, which trustees shall take an
CHAP. 24.] NINTH SESSION.
211
oath or afﬁrmation as the case may be, well and truly to execute the
trust by that appointment reposed in them according to the best of their
skill and understanding; which oath or afﬁrmation the judge or judges
appointing the said trustees is and are hereby required to administer.
And ﬁe it further enacted ﬁy the authority aforesaid, That the said
trustees or any two of them, when so as aforesaid appointed, shall as
soon as may be thereafter, cause public notice to be given in two of the
news papers printed in this State, one of which to be printed in the
city of New York, of such their appointment and thereby require all
persons indebted to such absconding or concealed person or persons, by
a day certain to be appointed by them in their said notice, to pay all
such sum or sums of money or other debt, duty or thing, which they
owe to such absconding or concealed person or- persons, and deliver all
effects of such absconding or concealed person or persons, which he she
or they may have in his her or their hands power or custody, to them
the said trustees; and that the said trustees shall also by public adver-
tizement in two of the said news papers, desire all the creditors of such
Trustees,
notices to
be pub-
lished by.
absconding or concealed person or persons by a certain time in such -
advertizement to be mentioned to deliver to the said trustees, or any
one or more of them their respective accounts and demands against
such absconding or concealed debtor or debtors.
And he it further enacted .ﬁy the authority aforesaid, That such trustees
and each and every of them, when so nominated and appointed under
the hand and seal, or hands and seals of the said judges, or any one of
them, hereby is and are fully authorized and impowered to take into
their hands all the estate of such absconding or concealed person or
persons, for the management of whose estate or effects they were
appointed. and every part and parcel thereof that shall have been seized
as aforesaid, and all other his her or their estate and effects, which they
the Said trustees may afterwards discover in any part of this State, and
all evidences, books of accounts, vouchers and papers relating thereto,
and such trustees, immediately after their appointment, shall be, and
hereby are declared to be vested with all the estate real and personal of
such absconding or concealed person or persons for the management
of whose estate they were appointed, and they and the survivors and
survivor of them is and are hereby enabled and made capable, to sue for,
recover, and receive all such estate as well real as personal, debts, dues,
effects or other thing or things whatsoever, as they shall ﬁnd due, pay-
able or belonging to, such absconding or concealed person or persons,
and such sheriff or sheriffs as shall have seized attached or taken any
estate real or personal, or any other matter or thing whatsoever by
virtue of any such warrant or warrants as aforesaid, shall deliver the
same to such trustees or one of them, and such trustees and the survi-
vors and survivor of them is and are hereby authorized and directed, to
make sale by public vendue of all Such estates and effects of such
absconding or concealed person or persons as shall come to their hands
(after fourteen days notice of each time and place of sale respectively)
and of all estate and interest which such absconding or concealed person
or persons had in the same, and deeds and releases, bills of sale or other
conveyances for the same, or any part or parcel thereof from time to time
to make and execute, which being so made and executed, by them or
any two of them or the survivor of them for such estates or effects or
any part or parts thereof shall be and are hereby declared to be as good
valid and effectual to transfer the property thereof to all intents construc-
tions and purposes whatsoever as if executed by the said absconding or
concealed person or persons before such public notice as aforesaid given.
Trustees
to take
possession
of, and sell
all the
property of
absconding
debtor.
212
LAWS OF NEW YORK. [CHAR 24.
Penalty for
withhold-
ing prop—
erty from
the trust-
ees.
Discovery
of prop-
erty, mode
of proced-
ure for;
examina~
tion of
witnesses;
commit-
ments for
refusal to
answer.
And be it fztrt/z'er enacted by t/ze ant/zority aforesaid, That if any per-
son or persons indebted to such absconding or concealed debtor or
debtors, or having the custody of any goods chattels or effects, or other
thing or things whatever of such absconding or concealed debtor or
debtors shall conceal the same, and not deliver a just account thereof
to such trustees as aforesaid or one of them, by the day for that purpose
by them appointed, he she or they so concealing, or not delivering such
account thereof shall forfeit double the sum of the debt or debts, or
double the value of the goods chattels effects or other thing or things so
concealed or not accounted for to be recovered by the said trustees in
any court within this State having jurisdiction to the amount of such
forfeiture and applied as hereinafter directed: Which said courts are
hereby respectively fully empowered, to compel to come before them,
all such person or persons who shall so conceal or not account ‘as afore—
said and them to examine upon oath or afﬁrmation touching the prem-
ises, and to commit them or either of them to prison if they refuse to be
so examined, or being so examined, refuse to answer fully and satisfac-
torily to such court.
And be it fztrt/zer enacted by t/ze aat/zority aforesaid, That it shall
and may be lawful for the trustees of any debtor oi debtors estate, here-
tofore appointed by virtue of any of the laws of this State, or the late
colony of New York, relating to fraudulent or absconding debtors, or
hereafter to be appointed by virtue of this act or the survivors or sur-
vivor of them or the major part of such survivors, to apply to any jus—
tice of the peace in this State, who is hereby in such case required to
grant a warrant under his hand and seal, commanding such debtor or
debtors, the wife or wives of such debtor or debtors respectively and
every other person whomsoever, known or suspected to detain any part
of the estate of such debtor or to be indebted to it, or knowing or sus-
pected to know any thing concerning the concealment or embezlement
thereof by their respective names, forthwith to be brought before such
justice and trustees, at such place as the said justice and trustees, or
the major part of them, or the survivors or survivor of them, or the
major part of such survivors, shall at the time of the application for, or
the issuing of such warrant, appoint, where the said justice of the peace
is also hereby required and commanded to be present, or in case of his
death, absence or indisposition such other justice of the peace as the
said trustees, or the major part of them, or the survivors or survivor of
them, or the major part of such survivors shall request to be present, at
which meeting as well the said justice of the peace as the said trustees,
or the-survivors or survivor of them, or the major part of such surviv-
ors, shall and may examine on oath, or if a person privileged by law to
afﬁrm, on his or her afﬁrmation (which oath or afﬁrmation the said jus-
tice of the peace is hereby required to administer) as well by word of
mouth as on interrogatories in writing, all and every person or persons
brought before the said justice and trustees by virtue of such warrant
or warrants; and any other person or persons present at any such meet-
ing, touching all matters relative to the person trade, dealings, debts.
credits, estate or effects, of all and every such debtor or debtors; and
also to reduce to writing the answers of every such person, had, given
or taken before them as aforesaid, which examination so reduced to
writing, the person so examined shall and is hereby required to sign and
subscribe; and in case any person so brought before them the said jus-
tice and trustees, or the survivors or survivor of them or the major part
of such survivors, shall refuse to be sworn, or if a person so privileged
by law, to affirm as aforesaid, or being sworn or afﬁrrned, shall refuse to
' CHAP. 24.]
213
NINTH SESSION.
answer, or shall not fully answer to the satisfaction of the said justice,
all lawful questions put to him her or them by the said justice and trus-
tees, or the major part of them then present, as well by word of mouth
as by interrogatories in writing, or shall refuse to sign or subscribe his
her or their examination so taken down in writing as aforesaid, not hav-
ing a reasonable objection, either to the wording thereof, or otherwise,
to be allowed by the said justice, it shall and may be lawful for the said
justice of the peace, and he is hereby required by warrant under his
hand and seal to commit him her or them to prison, there to remain
without bail or mainprize until such time as such person or persons
respectively shall submit to the said justice to be sworn or afﬁrmed as
aforesaid, and full answer to make to the satisfaction of the said justice
to all such questions as shall be put to him her or them as aforesaid,
and to sign and subscribe such examination as aforesaid, according
to the true intent and meaning of this act: Provided always that in
case any person or persons shall ‘be committed as aforesaid for refus-
ing to be sworn or afﬁrmed, or to answer, or for not fully answering
any question or questions put to him her or them by the said justice
and trustees or the major part of them then present, by word of mouth
or on interrogatories, that the said justice of the peace shall in his war-
rant of commitment specify such default respectively, and if the com-
mitment be for refusing to answer any question or interrogatory the said
justice shall in his warrant specify such interrogatory or interrogatories,
question or questions; provided also, that in case any person or persons
committed by such warrant or warrants by virtue of this act, shall bring
any habeas corpus in order to be discharged from any such commitment
and on the return of any such habeas corpus, there shall appear any
insufficiency whatever, in the form of the warrant whereby such person
was committed, by reason whereof the party might be discharged of such
commitment, that then it shall and may be lawful for the court or judge
before whom such party shall be brought by habeas corpus as aforesaid,
and such court or judge shall, and is hereby required by rule order or
warrant to commit such person or persons to the same prison to which
he was ﬁrst committed, there to remain as aforesaid, unless it shall be
made appear to such court or judge by the party committed, that he
she or they have fully answered all lawful questions put to him her or
them by the said justice and trustees that were then present, or the
major part of them, or in case such person was committed for not
signing his her or their examination unless it shall be made appear to
such court or judge that the party so committed had a good and sufﬁ-
cient reason for refusing to sign the same and in case any gaoler or
keeper of any prison or gaol to whom any such person or persons shall
be committed as aforesaid, shall willfully suffer any such person or per-
sons to escape from such prison until he she or they shall be duly dis-
charged as aforesaid, such gaoler or keeper shall for every such offence
ﬁrst being duly convicted thereof on indictment or information forfeit
to the trustees appointed to manage and distribute the estate and effects
of such absconding or concealed person or persons respectively, a sum
equal to all such sum or sums of money, as shall be due or owing to the
creditor or creditors of such absconding or concealed person or persons,
provided the same does not exceed the sum of one thousand pounds, to
be sued for and recovered by the said trustees or the survivors or sur-
vivor of them in any court of record within this State, and distributed
as hereinafter directed.
A 11d be iz‘farl/zer enacted by tile auz‘lzorily aforesaid, That in case any
person so to be examined as aforesaid, either in court or before such
Proviso,
default of
witness to
be speciﬁed
in com-
mitment.
Habeas
corpus for
discharge
of witness
committed.
214
LAWS OF NEW YORK. [CHAR 24.
Penalty
for false
swearing.
Reward for
discovery
of‘ secreted
property.
Trustees to
have full
power to
settle es-
tate, etc.
Controver—
sies arising
in settle-
ment of
the estate
to be set-
tled by ar-
bitration.
justice and trustees as aforesaid, shall wilfully and knowingly swear or
afﬁrm falsely, the person so offending shall be liable to the same pains
and penalties as those who are convicted of wilful and corrupt perjury.
And ﬁe iz‘ farZ/zererzaez‘ed ﬁy z‘ﬁe azzf/zorizjl aforesaid, That any person
or persons (other than those who have the effects in their custody) who
shall discover any effects of any absconding or concealed debtor or
debtors, secreted contrary to the true intent and meaning of this act, so
that they be recovered by the trustees of such absconding or concealed
person or persons estates, shall be and hereby is or are entitled to ten
per cent. on the value of all effects so discovered recovered and received
by the said trustees, to be paid to the person or persons so discovering
by the said trustees, out of the estate or effects of such absconding or
concealed debtor or debtors.
And ﬁe iz‘ fzeri/zer ezzaez‘ed ﬁy t/ze ant/writ)’ aforesaid, That the trustees
of any absconding or concealed debtors estate already appointed in pur-
suance of any of the said laws of this State, or of the late colony of New-
York, relating to absconding and fraudulent debtors, or hereafter to be
appointed in pursuance of this act, or any two of them are hereby fully
empowered to settle and adjust all matters contracts and accounts that
may be subsisting between such absconding or concealed person or per-
sons, and his her or their debtor or debtors, and also between such
absconding or concealed person or persons, and his her or their creditor
or creditors, and to examine any person or persons upon oath or afﬁr-
mation concerning any matters accounts or settlements between them
or either of them, which oath or afﬁrmation the said trustees or any one
of them, two of them being present, is and are hereby empowered to
administer. And for the greater ease and relief of such trustees as
aforesaid.
Be it fart/zer erzaez‘ed ﬁy z‘ﬁe aat/zorzz‘y aforesaid, That in case any con-
troversy shall arise, concerning any debt matter or thing claimed by any
creditor or creditors of such absconding or concealed person or persons,
or concerning any debt, due, duty, matter or thing claimed by the said
trustees from or against any person or persons, as belonging to or in
right, of the effects or estate of such absconding or concealed debtor or
debtors previous to such public notice as aforesaid ﬁrst given, it shall
and may be lawful for such trustees already appointed as aforesaid, or
hereafter to be appointed in pursuance of this act or any two of them
or the survivors or survivor of them, to have such - controversy deter-
mined in the following manner, that is to say, the said trustees or any
two of them or the survivors or survivor of them may nominate two
referees, not being creditors of such absconding or concealed debtor or
debtors, or to them known to be otherwise interested in such contro-
versy, or related to any person interested in such controversy, and the
other party or parties in such controversy shall also nominate two indiff-
erent persons to be referees, and their names shall be seperately written
on four pieces of paper as nearly as may be of the same size and ﬁgure,
which shall be rolled up seperately in the same manner and put into a
box, and from thence one of the trustees shall draw out three of the said
pieces of paper, and the persons whose names are so drawn shall ﬁnally
settle such controversy; and if any referees so appointed, shall refuse or
be incapable of acting in a reasonable time, a new choice shall be made
in like manner as before of another or others in the room of him or
them so refusing or being incapable of acting as aforesaid, and in case
any person or persons, who shall have any controversy with any such
trustees as aforesaid, shall refuse to nominate ﬁt persons to be referees
on his her or their part, then such trustees on any two of them, or the
CHAP. 24.] NINTH SESSION.
[\9
H
O t
survivors or survivor of them are hereby impowered to nominate referees
for him her or them so refusing and to proceed to the ﬁnal Settlement
of such controversy in manner aforesaid.
And he it further enacted ﬁy the authority aforesaid, That all trustees Trustees,
hereafter to be appointed by virtue of this act, shall proceed to convert 3193253,,‘
the estate real and personal, of such absconding or concealed debtor or
debtors, for the management of which estates respectively they shall be
appointed, into money, and collect the debts due to the same, and that
the Said trustees, or any two of them, or the survivors or survivor of
them, shall cause public notice to be given in two of the public news
papers printed in this State, one of which to be printed in the city of
New York, requesting a general meeting of all such creditors as shall
choose to attend, to examine and see the debts due to each person, ascer-
tained, at a certain time and place by such trustees in their said notice
to be appointed, which shall not be less than two, nor more than three
months after such notice given, nor more than one year and an half from
the time of their ﬁrst appointment, at which meeting, or other subsequent
meetings necessary for that purpose, to be continued by adjournment if
necessary, when all accounts are fairly stated and adjusted, they shall
proceed to make a distribution or division amongst the creditors in pro-
portion to their respective just demands, of all such monies, as shall have
come to their hands as trustees of such estate or effects (of which all
forfeitures by them recovered and received by virtue of this act, shall
be considered as a part,) ﬁrst deducting thereout all legal charges and
commissions ; in which payments no preference shall be allowed to debts
due on specialties: And if the whole of such absconding or concealed
debtor or debtors estate shall not be then settled and distributed, such
trustees or any two of them, or the survivors or survivor of them, shall
within the space of one year thereafter, make a second dividend of all
such monies as shall have come to his or their hands, after the ﬁrst
division, and so from year to year until a ﬁnal settlement thereof and a
just and equal distribution of such estate or effects shall have been
made amongst the creditors of such absconding or concealed debtor or
debtors in proportion to their respective just demands, and if any sur-
plus shall remain after all just debts and legal charges and commissions
are fully paid and satisﬁed, such surplus shall be paid or delivered to
the said absconding or concealed person or persons his her or their
executors administrators or assigns.
And ﬁe it further enacted ﬁy the authority aforesaid, That any person Debts not
or persons, who may have given credit to any such absconding or con- ggglfa‘il’t
cealed debtor or debtors, on a valuable consideration for any Sum of of.
money, which shall not be due or payable at the time of any such divis-
ion or distribution as aforesaid, but will become due or payable at some
after time, shall and may nevertheless be admitted and considered as a
creditor or creditors whose debts were then due, and shall receive a
dividend of the estate of such absconding or concealed debtor or
debtors, in the same proportion as other creditors, deducting thereout
only a rebate of legal interest for what shall be received on such debt
or debts, to be computed from the actual payment thereof, to the time
such debt or demand respectively would have become due.
And ﬁe it further enacted ﬁy the authority aforesaid, That if any Presenta—
creditor or creditors, shall neglect or refuse to give notice of, or deliver to the said trustees an account of his her or their debt or demand, or Whgljg
having any controversy relating to or concerning the estate of such 32212202280
absconding or concealed debtor or debtors, shall refuse to adjust or make:
settle the same, with the said trustees, in the manner in and by this act
216
LAWS OF NEW YORK. [CHAR 24.
Creditors
residing
out of the
State .
Debtors
residing
out of the _
State, at-
tachment
of property
in the
State of.
Proviso;
roofs to
Id.; pro-
ceedings
to vacate
attach-
ment.
directed, until after a division shall have been made, of the monies and
effects in the hands of the said trustees, any such creditor or creditors,
shall not be entitled to any dividend; and the whole monies then in
hand to be divided, shall be divided by the said trustees, among the
other creditors: but in case the whole of the estate of such debtor or
debtors, shall not be divided and settled at the ﬁrst division, then if
such creditor or creditors respectively shall prove and deliver unto such
trustees, an account of his her or their debt or demand, before the
time appointed for the second division, or shall have settled such con-
,troversy as aforesaid with the said trustees; then such creditor or credi-
tors shall have his her or their ﬁrst dividend, or so much money, as he
she or they would otherwise have been entitled to on the ﬁrst division,
before any second dividend shall be made.
And be it fart/zer enacted by the authority aforesaid, That any creditor
or creditors, residing out of this State, shall be entitled to all the privi-
leges and beneﬁts of this act; and that the attorney or attornies of
every such creditor or creditors residing out of this State, on producing
a letter of attorney from such creditor or creditors, duly authenticated,
and legal proof of the debt due, shall and may in all respects, act, do,
and proceed for and in behalf of such creditor or creditors in the same
manner as such creditor or creditors might or could do, for securing or
recovering their respective debts from such absonding or concealed
debtor or debtors, if such creditor or creditors was or were personally
present. And w/zereas persons who dwell out of this State may be
indebted within the same, and have estates or effects sufﬁcient within
the same to pay and satisfy such debts or parts thereof. Therefore
Be it fzcrt/zer enacted by tile aat/zority aforesaid, That the estates goods
chattels and effects, real and personal of all and every such person and
persons (so indebted) as do or may dwell or reside out of this State, shall
also be subject and liable to be taken, seized, proceeded against, sold,
conveyed and disposed of for the payment and satisfaction of such of
the said debts as aforesaid, as near as may be, in like manner as the
estates and effects of other debtors in and by this act are made subject
and liable to: Provided always, That instead of the proof of abscond-
ing or concealment of such debtor or debtors; the creditor or creditors
applying for any attachment against the estate or effects of any person
or persons residing out of this State, shall make proof by two witnesses,
to the satisfaction of the .judge or judges to whom application for such
attachment shall be made, that such debtor or debtors reside out of this
State; And also provided, That in any such case, no trustees shall be
appointed until the expiration of one year after such public notice as
aforesaid given.
And be it fart/zer enacted by the ant/torily aforesaid, That if any per-
son, against whose estate or effects such warrant or warrants of attach;
ment shallv be issued shall at any time before the appointment of trus—
tees in the manner aforesaid in person, or by attorney or agent, apply
to the judge who shall have issued such warrant or warrants, and give
such security as such judge shall direct and approve, to the person or
persons at whose instance such warrant or warrants issued, to appear '
and plead to any suit or action to be brought in vany court of law or
equity in this State, within six months thereafter, against the same per-
son against whose estate or effects such warrant or warrants shall be
issued by the person or persons at whose instance such warrant or war-
rants issued; and pay all such sums as may be adjudged or decreed-in
any such suit or action, then' and in every such case such judge shall
issue a supercedas to such warrant or warrants, and no farther proceed-
CHAP. 24.] NINTH SESSION.
217
ings shall be had thereon. And further That in all cases where upon
any such attachment or attachments any ship or vessel or any part thereof
shall be seized or attached, it shall be lawful for the judge who shall
have issued fuch warrant or warrants, to cause such ship or vessel or
part thereof so seized or attached, to be valued by indifferent persons,
and if any person will give security, to be approved of by such judge,
to the people of the State of New York for the beneﬁt of the creditors
of such debtor, to pay the amount of such valuation, to the trustees to
be in such case appointed, then such judge shall cause such ship or
vessel, to be discharged from such attachment.
And be ii‘ farz‘lier mauled by l/ze aai/ioriij/ aforesaid, That the ﬁrst
judge of the inferior court of common pleas, in each county within this
State, and the mayor and recorder of the city of New York, and each
and every of them, is hereby authorized and empowered to put this act
in execution in their respective counties ; provided always, That where
warrants shall be issued by any judge or judges of the supreme court,
and also by a ﬁrst judge of any of the said inferior courts or such mayor
or recorder, against the estate or effects of the same person or persons,
in such case, the judges of the supreme court or any one of them shall
award a writ or writts of certiorari to the judge of such inferior court
or mayor or recorder as the case may require, to remove the proceed-
ings there, before the judge or judges of the supreme court, that he or
they may proceed upon both warrants, or either of them.
And be it farl/zer mauled by ﬁle azil/iorizy aforesaid, That the judge
or judges mayor or recorder who shall issue any warrant or warrants of
attachment in pursuance of this act, shall make report to the court
whereof he or they'is or are judge or judges, of the proof of the debt
or demand made by the creditor or creditors on whose application such
warrant or warrants issued, of the issuing of such warrant or warrants,
of the notice thereon ordered, of the publication of such notice, of the
appointment of trustees, and of all other matters required of him or
them by this act to be done out of court, and cause that report to be
entered in the minutes of the said court to be evidence of the facts .50
reported, and such report, or the record, or entry thereof in the minutes
of the said court shall be full and conclusive evidence of the facts so
reported, in all courts of record within this State.
And be it fZl7’l/267’ enacted by i/ze azii/zorizy aforesaid, That the judge
or judges mayor or recorder who shall make any such appointment of
trustees shall and is and are hereby required, at the request of the trus-
tees thereby appointed, or any one of them, to endorse on such appoint-
ment an allowance that the same may be recorded, which allowance,
signed by the said judges, mayor or recorder or any one of them, if a
judge of the supreme court shall be a sufﬁcient warrant, and authority
to the secretary of this State, and to all or any of the clerks of the
respective cities or counties within this State to record the same, and if
such judge be a judge of an inferior court of common pleas or mayor
or recorder shall be a sufﬁcient warrant and authority to the clerk of
the court or county whereof he is a judge to record the same and any
appointment of trustees under the hand and seal or hands and seals of
any judge or judges or mayor or recorder authorized to put this act in
execution, or the record thereof duly made in the said secretarys ofﬁce,
or in the ofﬁce of the clerk of any city or county of this State, shall be
full and conclusive proof in all courts and places within this State, that
the person or persons against whose estate or effects such warrant or
warrants issued, was or were at the time of issuing thereof, either absent
absconding or concealed debtor or debtors, within the meaning of this
Id. ; ships
and vessels
Judges,
jurisdic-
tion of, in
carrying
this act
into effect.
Proceed-
ings of
Judges to
be entered
in minutes
ofthe
court.
VoL. 2.—28
Appoint-
ment. of
trustees,
recording
of ; effect
of.
218
LAWS OF NEW YORK, [CHAR 24.
Papers and
records,
disposal of.
Where
lands sold,
appoint-
ment of
trustees
must be
recorded.
act, and that the said appointment and the proceedings previous thereto
were regular and according to the directions of this act. A/zd ztl/zereas
the afﬁdavits or afﬁrmations of the creditors whereon warrants of attach-
ment have issued against concealed or absconding debtors, by virtue of
sundry laws of this State relating to fraudulent and absconding debtors,
and the warrants of attachment issued as aforesaid, and the sheriffs returns
thereof and inventories therewith returned,have usually remained with the
judge or judges who issued the same or one of them; and the appoint-
ments of trustees made in pursuance thereof, remained in the hands of
the trustees appointed, or one of them, and by reason of the decease of
such judges, and death or removal of such trustees, are many times lost
or mislaid; by means whereof such persons as have or may purchase
any messuages lands tenements or hereditaments, which were of such
absconding or concealed debtors, from or under any trustees for all the
creditors of any concealed or absconding person or persons appointed
as aforesaid, may be disabled to make out their rights and titles to the
same, and such afﬁdavits or afﬁrmations, warrants of attachment or
appointments of trustees in case they can be found, are not at present
of record, or ﬁled in any public ofﬁce of record, which may be of evil
consequences to such purchasers as aforesaid, or persons claiming under
them; for remedy whereof.
Be iz‘ fzerZ/zer enaez‘ed ﬁy Zlze azei/zorizj/ aforesaid, That any judge or
judges, or mayor or recorder who shall issue such warrant or warrants
of attachment as aforesaid pursuant to this act, shall, and he or they, is
and are hereby required and directed to cause the afﬁdavits or afﬁrma-
tions of the creditor or creditors made before him or them previous to
the issuing of such warrant or warrants respectively, within thirty days
after the taking of such afﬁdavit or afﬁrmation, and such warrant or
warrants of attachment as aforesaid, within thirty days after the return
thereof by such sheriff, as shall return the same, together with the sher-
i'ffs return thereof to be delivered into the ofﬁce of the clerk of that
court, whereof he or they is or are judge or judges, which ‘clerk is
hereby required and commanded to mark or cause them to be marked
respectively with the day and year on which each of them respectively
shall be ﬁled in his ofﬁce, and to preserve the same amongst the papers
ﬁled in such ofﬁce: And all trustees hereafter to be appointed by vir-
tue of this act or the survivors or survivor of them, who by virtue of
such appointment, shall sell and convey any messuages lands tenements
or hereditaments, shall cause such appointment of trustees to be duly
proved or acknowledged, and allowed, so that the same may be recorded,
and shall cause the same to be entered of record, either in the secre-
tarys ofﬁce of this State, or in the ofﬁce Of the clerk of the city or
county, wherein such messuages lands tenements or hereditaments do
lie, and every appointment of trustees for the estate of any fraudulent,
or absconding or concealed debtor heretofore made by any judge or
judges of the supreme court, or any of the inferior courts of common _
pleas, or by the mayor or recorder of the city of New York and every
appointment of trustees hereafter to be made in pursuance of this act,
or the record thereof made by such proper ofﬁcer as aforesaid, or an
ofﬁce copy thereof attested by any such proper ofﬁcer as aforesaid, in
case such record should have perished by ﬁre or other accident, together
with a legal title or conveyance from such trustees or any two of them,
or the survivors or survivor of them, proved or to be proved in such
due form as by law required, there shall be a full compleat and perfect
title for such messuages lands tenements or hereditaments, to such pur-
chaser or purchasers his her or their heirs and assigns, against such
CHAP. 24.] NINTH SESSION.
219
absconding absent or concealed debtor or debtors, his her or their heirs
or assigns, and all other persons claiming or to claim, by, from or under
him her or them by virtue of any act, deed, matter, or thing, after such
ﬁrst public notice as aforesaid given and all sales and conveyances of
any messuages lands tenements or hereditaments heretofore bona ﬁde
sold and conveyed by any trustees heretofore appointed by such judge
or judges mayor or recorder as aforesaid, for the management and dis-
tribution of the estate of any absconding or concealed debtor or debt-
ors, are hereby conﬁrmed and declared to be valid and effectual to all
intents and purposes, to such purchaser or purchasers, his her and their
heirs and assigns, against such absconding or concealed or absent debtor
or debtors his her or their heirs or assigns, or any person claiming or
to claim_by from or under him her or them by virtue of any act deed
matter or thing after such ﬁrst public notice as aforesaid givemprew'a’ea’
always that such purchaser or purchasers, his her or their heirs or
assigns, now are and have been for the space of three years last past,
in the actual possession of snch messuages lands, tenements or hered-
1taments.
Ana’ ée z'z‘ fart/2e?’ eyzaez‘ea’ 5y t/ze aaZ/zerz'z‘y aferesaz'a’, That such trus-' Accounts
tees as shall. hereafter be appointed by virtue of this act, shall keep a
of trustees ‘
to be kept;
regular book or regular books of account, of all such monies as shall cpmpensa-
come to their hands by reason or on account of such their appointment,
to which book or books, every creditor interested in such monies or
estate, at all reasonable times may have recourse, and that such trustees
and each of them, shall be subject to such orders and directions for the
more effectual putting this act in execution, and ﬁnishing a distribution
of such estate or effects as may come to their hands by virtue of such
appointment, as shall from time to time be made and given in the court,
by the judge or judges whereof such appointment of trustees was made,
and also that such trustees shall render unto the court by the judge or
judges whereof they were appointed a just and true account or accounts
in writing upon oath or if of the people called Quakers, afﬁrmation made
-in open court of their proceedings and accounts in the premises by
virtue of their appointment, which shall be ﬁled with the clerk of the
said court for the satisfaction of all persons concerned, and such trus-
tees of the estate of any such absconding absent or concealed person or
persons, already appointed or hereafter to be appointed, shall and may,
retain and keep in their hands for the trouble and services to be by
them peformed, the sum of ﬁve per cent. on the whole sum which shall
come into their hands by virtue of such appointment, before each divi-
dend made, over and above all necessary disbursements in the premises.
Ana’ be it fZH’l/Ml’ eizaefea’ @1 f/ze aaZ/zorz'zjl aferesaz'a’, That any judge Proceed-
or judges mayor or recorder who have issued any warrant or warrants
in pursuance and by virtue of any act or acts, against absent, abscond-
ing or concealed debtors, may proceed thereon by virtue of this act,
and that trustees, appointed by any of the said acts, may exercise all
the powers given by this act to such trustees, and shall be subject to
such rules orders and regulations as in and by this act are appointed.
Ana’ ﬁe z'z‘ furt/zer erzaez‘ed ZJy Z/ze ant/writ] aforesaid, That if any per-
son or persons shall be sued for any matter or thing done in pursuance
or by virtue of this act, it shall and may be lawful for him her or them
to plead the general issue, and give the special matter in evidence, and
also that this act shall be beneﬁcially construed for the creditors in all
courts of record within this State. Ana’ whereas by the ﬁrst section of
the act entitled An act to amend an act entitled “ An act for relief
against absconding and absent debtors,” and to extend the remedy of
ings com-
menced
under
formeracts
to be con-
tinued
under this
act.
Act to be
construed
favorably
to credit-
ors.
220
LAWS OF NEW YORK. [CHAR 25.
Proceed—
ings under
act refer-
red to may
be contin-
ued under
this act.
/
Militia;
enrolment
of; wh 0
subject to
\ military
‘d uty.
Equip-
ments to
be pro-
vided.
Governor
to arrange
militia in
commands
the act entitled “ An act for granting a more effectual relief in cases of
certain trespasses, and for other purposes therein mentioned ” passed
May the 4th 1784,” remedy was given to creditors against debtors desig—
nated in the said ﬁrst section of the said act, with authority to proceed
against such debtors in manner as nearly as may be, as is prescribed
and directed in and by an act entitled “An act for relief against ab—
sconding and absent debtors” passed 3d day of April 1775.” And
w/zereas the act last mentioned is expired by its own limitation.
Be it t/zereyfore enacted by the ant/zority aforesaid, That all proceedings
hereafter to be had, against such debtors as are particularly described,
in, and by the aforesaid ﬁrst section of the act ﬁrst aforesaid, shall as
nearly as may be. be in the manner prescribed and directed in and by
this act.

CHAP. 25.
AN ACT to regulate the militia.
PAssEi) thei4th of April, 1786.
Be it enacted by t/ze People of tbe State of New Yor/e, represented in
Senate and Assembly, and it is lzereby enacted by Me ant/zority of t/ze sanze,
That every able bodied male person being a citizen of this State, or of
any of the United States and residing in this State (except such persons
as are herein after excepted) and who are of the age of sixteen and
under the age of forty ﬁve years shall by the captain or commanding
ofﬁcer of the beat in which such citizens shall reside within four months
after the passing of this act be enroled in the company of such beat.
That every captain or commanding ofﬁcer of a company shall also enrol
every citizen as aforesaid who shall from time to time arrive at the age
bf sixteen years, or come to reside within his beat, and without delay‘
notify such enrolment to such citizen so enroled by some non commis-
sioned ofﬁcer of the company, who shall be a competent witness to
prove such notice. That all disputes which may happen with respect
to the age or ability of any person to bear arms, shall be determined by
the captain or commanding ofﬁcer of the company with a right of
appeal by the person'who may conceive‘ himself aggrieved or by any
other person belonging to the company, to the colonel, or commanding
ofﬁcer of the regiment. That every citizen so enroled and notiﬁed shall
within three months thereafter provide himself at his own expence with
a good musket or ﬁrelock, a sufﬁcient bayonet and belt a pouch with a
box therein to contain not less than twenty four cartridges suited to the
bore of his musket or ﬁrelock, each cartridge containing a proper quan-
tity of powder and ball, two spare ﬂints a blanket and knap sack; and
shall appear so armed, accoutered and provided when called out to
exercise or duty, as herein after directed ; except that when called out
to exercise only, he may appear without blanket or knapsack. That
the commissioned ofﬁcers shall be respectively armed with a sword or
hanger & an espontoon. That the commander in chief for the time
being shall by general orders arrange the whole militia, into commands
as nearly equal as conveniently may be, of brigades, regiments and com-
panies, and may from time to time alter such arrangements as he shall
think proper; and that to each brigade of infantry there shall be one
company of artillery and one troop of horse. That each regiment of
CHAP. 25.] ' NINTH SESSION. 221
infantry shall consist of two battalions, each battalion to be composed Companies‘
of four companies, and each company of ofmfa‘ntry'
one captain four corporals
one lieutenant one drummer
one ensign one ﬁfer, and not less than
four serjeants
sixty ﬁve privates, as nearly as local circumstances will admit the ser-
geants, corporals drumers and ﬁfers to be from time to time appointed
by the captain or commanding ofﬁcers of the several companies. And
if any non commissioned ofﬁcer so to be appointed shall refuse to
accept the ofﬁce to which he shall be appointed, he shall forfeit the
sum of forty shillings to be adjudged levied and disposed of as is herein
after directed with respect to ﬁnes for neglecting or refusing to appear
to exercise. That each regiment shall be commanded by three ﬁeld Regiments
ofﬁcers, vizt. One lieutenant colonel commanding and two majors, and ofmfa‘ntry'
that to each regiment there shall be a regimental staff, to consist of
one adjutant
one quarter master, and To rank as lieutenants.
one pay master
one surgeon and
' one surgeons mate
and that to each regiment there shall be two light infantry companies
composed of such active young men as shall voluntarily engage in such
infantry companies, and who shall form on the ﬂanks of the regiment,
and be clothed in such uniform as is herein after directed. That four
regiments thus constituted shall form a brigade to he commanded by a Brigades.
brigadier general who may nominate his own brigade major which
brigade major shall rank as captain. That each troop of horse shall Troops of
consist of - horse’
I
one captain four corporals
one captain lieutenant one sadler
one lieutenant one farrier
one cornet one trumpeter and
four serjeants forty horsemen
each trooper to furnish himself with a serviceable horse at least four-
teen hands high, a good saddle bridle, housing, holsters, breast plate and
crupper, a pair of boots and spurrs, a pair of pistols, a sabre, a cartrouch
box to contain twelve cartridges for his pistols; and that the commis-
sioned ofﬁcers shall be armed with a sword and a pair of pistols, the
holsters of which to be covered with bearskin caps. That each com- Artillery,
pany of artillery shall consist of g‘f’fnpames
. one captain six gunners
one captain lieutenant six bombardiers
three lieutenants one drummer
six serjeants ‘ one ﬁfter and
six corporals thirty two matrosses,
each commissioned ofﬁcer‘ shall be armed with a sword or hanger, a
fuzee bayonet and belt and cartridge box to contain 12 cartridges,
and each artillerist shall furnish himself at his own expence with all the
equipments of a private in the infantry until proper ordinance and ﬁeld
artillery can be provided by the State; the drum and ﬁfe to be provided
by the commissioned ofﬁcers of the company. That each company of Artillery
artillery and troop of horse shall be formed of volunteers from the dis-
trict of the brigade within which they reside, and shall be uniformly ments in-
clothed in regimentals, to be furnished at their own expence, the colour
and fashion of which to be determined by the brigadier commanding
222
LAWS OF NEW YORK. [CHAR 25.
Militi
when to
rendez-
vous.
Regiment-
a1 parades.
Adjutant
general,
duty of.
Brigade
inspector.
the brigade. That on every enlistment of a volunteer into the horse,
artillery or light infantry, the captains of such troops or companies
respectively shall immediately certify the same to the captain of the heat
from which such volunteer shall enlist. That each regiment shall be
provided with State and regimental colors, at the expence of the ﬁeld
ofﬁcers, and each company with a drum and ﬁfe at the expence of its
commissioned ofﬁcers, That all the militia of the State shall rendezvous
four times in every year, for the purpose of training, disciplining, and
improving in martial exercises; twice by companies within their beats
once by regiments, and once by brigades; the time and place of ren-
dezvous for the companies to be appointed by the colonel, or command-
ing ofﬁcer of the regiment, and arranged on different days, that the ﬁeld
and staff ofﬁcers may have an opportunity of attending the several com-
panies exercised in detail, in order to introduce uniformity in the
manoeuvers and discipline of the regiment. That each commanding
ofﬁcer of a regiment shall appoint a regimental parade at some conve-
nient place as nearly central as may be within the district of his regi-
ment, and each brigadier general shall appoint a brigade parade at some
convenient place within the district of his brigade, as nearly central as
may be, at which brigade parade such brigade shall rendezvous on such
days as the commander in chief shall appoint by general orders; and
which days shall be so arranged that the adjutant general may be enabled
to visit and review them at their respective brigade parades. That there
shall be an adjutant general of the militia whose duty shall be to distri-
bute all orders from the commander in chief to the several corps; and
once in every year review the brigades; to attend the respective brigades
on their respective parades; and the regiment of infantry and companies
of artillery and cavalry during the time of their being under arms, pur-
suant to this act; and shall inspect their arms, and ammunition accoutre-
ments and clothing, superintend their exercises and manoeuvers, and
introduce a system of military discipline throughout the State, agreable
to such orders as he shall from time to time receive from the commder
in chief; to furnish blank forms of different returns that may be required,
and explain the principles on which they shall be made; that within
three weeks after he shall have ﬁnished his annual review he shall de-
liver to the commander in chief a return of all the militia of the State,
reporting the actual situation of the arms, accoutrements and ammuni-
tion of the several corps, their delinquencies, and every other thing
which in his judgment may relate to their police and the general advance-
ment of good order and military discipline; that he shall have the rank
of lieutenant colonel and shall be allowed as a full compensation for all
the services he is required to perform by this act, at and after the rate
of two hundred and ﬁfty pounds for every year. That to every brigade
there shall be an inspector, to rank as major, whose duty it shall be to
attend the regimental parades, and shall then and there inspect their
arms, ammunition accoutrements and clothing; superinted their exer-
cises and manoeuvers, and introduce a proper system of military disci-
pline throughout his brigade, agreable to such orders as he may, from
time to time receive from the adjutant general. That at the annual
brigade rendezvous the light infantry companies or the regiments com-
posing the brigades shall be formed into a regiment to be commanded
by such ﬁeld ofﬁcers as the commanding ofﬁcer of the brigade shall
appoint for that service. That when so embodied they shall continue
together together at least four days, and perform such manoeuvers and
evolutions under the direction of the adjutant general as he shall assign
them. That the artillery company and troop of horse belonging to each
CHAP. 25.] NINTH SESSION. 223
brigade shall during such service, be attached to and remain with the
regiment of light infantry, and be subject to the orders of the command-
ing officer thereof. That every regimental commissioned ofﬁcer shall Commis~
report his acceptance of his appointment within ten days from his gigigggs to
receiving notice thereof, to the commanding ofﬁcer of the regiment; who report ac-
shall in like manner within ten days make return thereof to his brigal ceptance'
dier. The commissioned ofﬁcers of cavalry and artillery shall also
notify the acceptance of their appointments within ten days after they
have received notice, to their captains; and the captains shall make
similar returns to their brigadiers within ten days. That a general court General
martial shall consist of thirteen commissioned ofﬁcers who shall appoint their own judge advocate which judge advocate shall tender to each '
member, and each member is hereby enjoined to take the following
oath ~—
You do swear, that you will well and truly try, and determine, Oath of
according to evidence, the matter now depending between the people members’
of the State of New York, and the prisoner or prisoners to be tryed;
and you do further swear that you will not divulge the sentence of the
court until the same shall be approved of pursuant to this act. Neither
will you upon any account at any time whatsoever disclose or discover
the vote or opinion of any particular member of the court martial, unless
required to give evidence thereof by a court of justice in a due course
of law; so help you God
And the president is hereby authorized to tender to the judge advo-
cate, who is hereby enjoined to take the following oath
You do swear that you will not upon any account at any time oath to
whatsoever disclose or discover the vote or opinion of any particular tg‘égfeﬁ‘d'
member of the court martial unless required to give evidence thereof as
a witness by a court of justice in a due course of law; and that you
will not divulge the sentence of this court until the same shall be
approved pursuant to this act; so help you God.
That every commissioned ofﬁcer who shall be convicted by a general
court martial of having refused or neglected to perform any of the
duties of his ofﬁce, shall be punished according to the nature and degree
of his offence at the discretion of the said court either by ﬁne or re-
moval from his ofﬁce Prew'a’ea’ no ﬁne shall exceed ten pounds for
the ﬁrst offence, or ﬁfty pounds for any subsequent offence ; which ﬁne
shall be levied and collected by warrant under the hand and seal of the
commanding ofﬁcer of the brigade directed to any serjeant of the regi-
ment to which such ofﬁcer on whom such ﬁne is imposed may belong
in like manner as the ﬁnes herein aftermentioned to be recovered of
non commissioned ofﬁcers and privates for neglect or refusal of duty.
That the commanding ofﬁcer of a brigade may order courts martial for Brigade
the tryal of offences within his brigade; the members of which shall $253851.
be warned for that duty by the brigade major, who is to keep a roster
for that purpose. That the proceedings and sentence of every court
martial by which any ofﬁcer shall be removed from ofﬁce, shall be in
writing, signed by the president thereof; and that all proceedings and
sentences shall by the president be delivered to the commanding ofﬁcer
of the brigade, to be by him transmitted to the commander in chief,
who shall approve or disapprove of the same in orders; and, that all
other proceedings and sentences of brigade courts martial shall be
delivered by the president thereof to the commanding ofﬁcer of the '
brigade who shall approve or disapprove of the same in orders. That for
a court martial for the trial of general ofﬁcers shall be ordered by the ‘malof
. . eneral
commander in chief, and composed of general and ﬁeld ofﬁcers, who 5mm,
224
LAWS OF NEW YORK. [CHAR 25.
P
Non-com-
missioned
officers and
privates,
penalty for
failure to
appear
when
warned.
Order of
rank of
oﬂicers.
Fines. dis-
posal of
Fines, how
payment
of en-
forced
New York
city, regi-
ment of ar-
tillery in.
shall be warned to that duty by the adjutant general, from a roster to
be by him kept for that purpose. That the proceedings and sentences
of such courts shall be transmitted by the presidents thereof to the
commander in chief, who shall conﬁrm or disapprove of the same in
general orders. Provided, that no sentence of a court martial on a gen-
eral ofﬁcer shall go farther than removal from ofﬁce. That all senten-
ces of courts martial. by which any ofﬁcer shall be removed. ‘and which
shall be approved by the commander in chief, shall by him from time
to time be laid before the council of appointment, to the end that the
person administering the government of this State for the time being,
by and with their advice and consent, may appoint others instead of
the ofﬁcers so removed from ofﬁce. That every non commissioned ofﬁ-
cer or private who shall neglect to appear when warned in pursuance
of this act, without sufﬁcient excuse, shall for every day he neglects to
appear at the brigade rendevous, forfeit the sum of twenty shillings,
and shall for every day he neglects to appear at the regimental or com-
pany parades, forfeit the sum of eight shillings; and if he shall not be
armed and equipped according to the directions of this act, when so
appearing, without sufﬁcient excuse, he shall for every deﬁciency forfeit
the sum of one shilling, and appearing without a musket the sum of four
shillings. That the commissions to be granted to ofﬁcers of the militia
shall be numbered, and the ofﬁcers of the same grade shall take rank
according to the numbers marked on their respective commissions, and
when ofﬁcers of different corps shall meet on duty the rank of ofﬁcers
of the like grade shall be determined by ballot, by the commanding
ofﬁcer of the whole then present. That one brigade, regiment or com-
pany of foot, (except the light infantry companies herein before men-
tioned) shall not be considered as .older or having rank or preference of
the other; but each brigade, regiment or company shall be posted in
the line or on command as the commanding ofﬁcer shall think proper.
That all ﬁnes arising from offences in a company only, shall be adjudged
of and imposed by the commissioned ofﬁcers of the said company, or
the major part of them ; and all ﬁnes to arise from offences on calling .
out the regiment, or brigade, with respect to the non commissioned
ofﬁcers and privates shall be adjudged and inflicted by the major part
of the ﬁeld ofﬁcers of the regiment ; and shall be levied with costs, not
exceeding three shillings, by warrant from the colonel, or commanding
ofﬁcer of the regiment, or captain or commanding officer of the com-
pany, as the case may be, directed to one or more serjeants; by distress
and sale of the goods and chattels of the offenders respectively. And
in case any such defaulter shall be under age, and live with his father
or mother, or shall be then an apprentice or servant, the master or mis-
tress, or father or mother, as the case may he shall be liable to pay the
said ﬁne with costs : And in default of payment the said serjeant shall levy
the same upon the goods and chattels of such father or mother, or mas-
ter or mistress ; such ﬁnes when recovered, to be paid by the serjeant or
serjeants, to the ofﬁcer granting such warrant, whose duty it shall be to
account for, and pay the same to the commanding ofﬁcer of the brigade;
and such commanding ofﬁcer shall pay the same into the treasury of
this State. That the city and county of New York shall raise one regi-
ment of artillery, to consist of as many companies as the commander in
chief shall judge necessary, not to exceed four; which companies shall
consist of the same number of ofﬁcers, non commissioned ofﬁcers and
matrosses, as the artillery companies herein before mentioned ; that
such regiment of artillery shall have three ﬁeld ofﬁcers, shall be armed
and accoutred in the same manner as the other artillery companies men-
CHAP. 25.] NINTH SESSION.
225
tioned in this act, until further provision is made therein by law ; and
shall be called out to exercise by orders from the commander in chief
at least six times in every year, and be subject to the same ﬁnes and
penalties as are inﬂicted by this act for the neglect or refusal to do duty,
or being deﬁcient in any arms or equipments.
And be ii‘ fart/zer eizaeled by the aat/zoriz‘y aforesaid, That the corn-
mander in chief for the time being, may, in case of invasion or other
emergency, when he shall judge it necessary, order out any proportion
of the militia of the State to march to any part thereof, and continue
as long as he may think necessary, and likewise, may, in consequence of
an application from the executive of any of the United States, on an
invasion or an apprehension of an invasion of such State, at his discre-
tion, order any number of the militia, not exceeding one third part
thereof, to such State; Pro'oided they be not com elled to continue on
duty out of this State more than forty days at any one time. That
while in actual service in consequence of being so called out, they shall
receive the same pay and rations, and be subject to the same rules and
regulations as the troops of the United States of America.
And be ii‘ fziri/zer enaez’ed by t/ze aaz‘lzoriz‘y aforesaid, That the lieuten-
ant governor, members and ofﬁcers of Congress, and their servants not
citizens of this State, members of senate and assembly the clerks of
senate and assembly, the chancellor, chief justice and other justices of
the supreme court, judge of the court of probates, and all other judicial
ofﬁcers, secretary, treasurer, attorney general, and auditor of this State,
surveyor general, registers of courts, sheriffs, coronors, and gaolors, two
ferry men employed to each boat and the surrogates in the several coun-
ties; all ministers or preachers of the gospel, physicians and surgeons,
except in their respective professions and callings, the professors tutors
and students of Columbia college, post ofﬁcers and stage drivers who
are employed in conveying the mails of the post ofﬁce of the United
States, all school masters engaged for six months, the actual attendant
of every grist mill, and the ﬁre men of the cities of New York and
Albany, and of the township of Brooklyn and twenty ﬁre men to be from
time to time appointed by the majority of the magistrates of the county
of Albany residing in the township of Schenectady, notwithstanding
their being above sixteen and under forty ﬁve years of age, shall be and
hereby are exempted from training or doing duty in the militia.
And be if farz‘lzer eizaeled by ﬁle aaf/zorizj/ aforesaid That all persons
being of the people called Quakers who would otherwise be subject to
military duty by virtue of this act, and who shall refuse personal mili-
tary service, shall be exempted therefrom on paying annually the sum
of forty shillings each for such exemption ; such sum to be assessed on
each of them respectively by the assessors, and collected by the collect—
ors of the districts wherein they respectively reside, with the contingent
charges of the county, and paid to the county treasurer, who shall pay
the same into the treasury of this State, to be applied toward the sup-
port of government. And it is hereby made the duty of every captain
of infantry within three months after he shall have received his com-
mission, and yearly and every year thereafter, on the ﬁrst Monday of
June in every year, to make a list of the names of all and every person
and persons within his beat who being of the people called Quakers shall
neglect or refuse personally to perform military service, and deliver
such list in the city of New York to the clerk of the said city, and in
each of the other counties of this State to the supervisor of the town,
precinct or district where such person or persons so neglecting or refus-
ing to perform military service shall respectively reside: And the clerk
VOL. 2. — 29
Governor
may order
out militia
when nec-
essary.
Persons
exempt
from mili-
tary duty.
Quakers
may be
exempted
on pay-
ment. of
forty shil—
lings; how
collected.
226
LAWS OF NEW YORK. [CHAR 25.
Com pensa-
tion of
militia
directed to
remain
embodied.
Muster-
rolls, how
made out.
Muster and
pay-r0]
to be certi-
of the said city of New York shall forthwith after receiving such lists,
deliver the same to the mayor aldermen and commonalty of the said
city in common council convened, and the mayor, recorder and alder-
men of the city of New York or any three of them in the said city, and
the supervisors or major part of them of each of the other counties of
this State respectively shall at their ﬁrst meeting after the delivery of
such lists, cause tax lists to he made out according to such lists so deliv-
ered, with warrants thereon under their hands and seals directed to the
collector of the ward town, precinct or district, in which such persons
named in such lists respect-ively reside for levying the sum of forty shil-
lings of the goods and chattels of each of the persons named in the same
lists. And the said collectors are hereby respectively .authorized and
required to demand and receive of each of the persons named in such
tax list the said SUnl‘Of forty shillings; and in default of payment such
collector shall levy the said sum of forty shillings by distress and sale of
the goods and chattels of the person‘ so neglecting or refusing to pay the
same ; and in case any person named in such tax list shall be under age
and live with his father or mother shall be then an apprentice or servant
the master or mistress or father or mother as the case may be, shall be
liable to pay the said sum of forty shillings for such person so under
age: And in default of payment the collector shall levy the same by
distress and the sale of the goods and chattels of such fathor or mother
master or mistress. And the said respective collectors shall respect-
ively pay the said monies to the city or county treasurer, deducting
their fees for collecting, on or before the ﬁrst Monday of January in
every year; and the county treasurers shall respectively pay the same
to the treasurer of this State, deducting his fees for receiving the same,
on or before the ﬁrst Monday in March in every year. And the col-
lectors and county treasurers shall have the like fees for collecting and
receiving the said monies, as they are respectively entitled to for col-
lecting and receiving the monies raised for defraying the necessary con-
tingent charges of the said city or counties. _
And ﬁe iz‘fzzrt/zer enaez‘ed ﬁy z‘lze auz‘lzorizji aforesaid, That the non com—
missioned ofﬁcers and privates of the companies of artillery, cavalry
and. infantry, which by this act are directed to remain embodied for the
purpose of being trained and instructed in military discipline, after the
other enroled militia of this State are dismissed, shall be allowed and
paid for every day which they shall so remain as aforesaid longer than
the said enroled militia, each two shillings.
And ﬁe it furt/zer erzaez‘ed ﬁy Z/ze auz‘lzorizfy aforesaid, That the captains
of the respective companies of artillery, cavalry'and infantry, which
shall remain embodied as aforesaid, shall make out and deliver to the
inspector of the brigade to which such companies shall respectively
belong, a roll of their respective companies, specifying the names of the
non commissioned ofﬁcers and privates who have actually been in the
ﬁeld as aforesaid, and the times which they have so been in the ﬁeld.
And that the said inspector shall muster the said companies on the day
next before the day of their dismission, and shall certify the exact state
of such companies respectively upon the muster roll thereof, and sub-
scribe his name thereto; which muster roll being subscribed and sworn
to by the captains of such companies respectively before the brigadier
or commanding ofﬁcer of the brigade, shall by the said captains together
with a pay roll, be delivered to such brigadier or commanding ofﬁcer of
the brigade. _
And ﬁe i2! fzert/zer enacted ﬁy t/ze auz‘lzoriz‘y aforesaid, That when the
muster rolls and pay rolls of the said companies respectively shall be
'CHAP. 25.] _ NINTH SESSION. 227
delivered as aforesaid to the brigadier or commanding ofﬁcer of the 364 and
. . . . . . elivered
respective brigades, the said brigadier or commanding ofﬁcer of the totreas-
brigade shall cause the major of brigade to make out an abstract of the urer-
whole of the pay of the said companies of cavalry artillery and infantry
of his brigade, which musterrolls pay rolls and abstracts being severally
examined and certifyed by the said brigadiers or commanding ofﬁcers of
the brigades respectively, shall be transmitted to the treasurer of the
State.
A //d be if farZ/zer enacted by zf/ze aaZ/zorz'zj/ aforesaid, That when the Treasurer
_ - - to pay
muster iolls, pay rolls and abstract shall have been delivered in manner amounts
aforesaid to the treasurer of the State, the said treasurer shall and may to Captains
. . . . of com—
and he is hereby authorized and directed to pay to the captains of such panies,
companies respectively, upon application therefore the amount of the
pay of their respective companies, to be speciﬁed in their pay rolls as
aforesaid, out of any unappropriated monies in the treasury; and such
captains shall as soon as conveniently may be pay the same to such
non commissioned ofﬁcers and privates respectively who are entitled'to
the same, or their executors or administrators.
And [re z'z‘ fart/zer eizaez‘ed oy t/ze az/t/zorz'z‘y aforesaid That the com- fljwo divi-
mander in chief shall from time to time arrange the militia in two divi- 21,23,883‘? be
sions as nearly equal as circumstances in his opinion will admit of.
And 'zo/zereas from the great extent of the counties of Washington and
Montgomery, some of the inhabitants would be subject to great expence
and difﬁculty, if they were obliged to attend at regimental & brigade
_ parades ;
Be 2'! Z/zerefore e/zaez‘ed o] Z/zo auf/zorz'z’y aforesaid, That it shall and Certain
' ' ' ' ' ' persons in
may be lawful for the respective commanding ofﬁcers of the militia in Montgom
each of the said counties to exempt such persons from attending regi- ery and
- - . - - \Vashing-
mental and brigade parades, as shall live at a greater distance than thirty ton Conn-
' ' ties ex-
miles from such parades aforesaid. empted
And whereas, from the insular situation of the county of Richmond from
it will be attended with much inconvenience and expence if the militia parades‘
thereof should be compelled for the purpose of improving in military
discipline to attach themselves to the militia of any other county.
Therefore
Be 2'! f art/[er eizaez‘ed oy f/ze auZ/zorz'zfy aforesaid, That the militia of the Richmond
said county of Richmond shall be formed into one regiment to consist of as many companies as the commander in chief shall judge necessary, regiment
which regiment shall meet four times in the year in the manner and “1'
during the periods which the other militia of this State are directed to
meet; but such regiment shall be inspected in the said county by such
inspector of the militia of the city and county of New York as the
commander in chief shall direct, and shall be attached to and consid—
ered as part of the militia of the city and county of New York, and be-
subject to the immediate command of the senior brigadier of the said
city and county as part of his brigade.
A 11d [1e z'Zfart/zer ezzaez‘ed 12y z‘lze auz‘lzorz'fy aforesaid That if a sufﬁcient Infantry
number of volunteers shall not offer themselves to compose the infantry 3321533588
companies of any regiment it shall and may be lawful from time to time by voluni)
when a deﬁciency in the complement of any such company shall arise, E‘fﬁﬁ’b? 8’
to and for the ﬁeld ofﬁcers of the regiment to cause a list to be made of draft'
all the young men enroled in the district of such regiment above the
age of sixteen and under the age of twenty six years, and who shall not
already have enlisted in the said infantry companies, and shall by lot
determine which of the said young men shall be compelled to attach
themselves to the said companies of infantry.
228
LAWS OF NEW YORK. [CHAR 25.
‘ Invasion,
calling out
of militia
in case of.
Commis-
sary of
military
stores.
Penalties
for refusal
to obey
orders, etc.
Uniforms,
of what to
consist.
And be it further enacted by the authority aforesaid, That it shall and
may be lawful to and for any major general or commanding ofﬁcer of
a brigade or commanding ofﬁcer of a regiment when and as often as
any invasion may happen to order out themilitia under their respective
commands for the defence of this State, giving notice of such invasion
and every circumstance attending the same, as early as possible to their
immediate commanding ofﬁcer, by whom such information shall be
transmitted with the utmost expedition to the commander in chief ; and
that in cases of insurrections the commanding ofﬁcer of the regiment
within the limits of which any such insurrection may happen shall im—
mediately assemble his regiment under arms, and having transmitted
information thereof to the commanding ofﬁcer of the brigade and to the
commander in chief shall proceed to takesuch measures to suppress
such insurrection as to any three of the judges or justices of the county
in which such insurrection shall happen shall appear most proper and
effectual. And if any person be wounded or disabled while in actual
service in opposing any invasion or insurrection or in suppressing the
same, he shall be taken care of and provided for at the public expence,
without having any regard to the rank such person may hold.
And be it further enacted by the authority aforesaid That it shall and
may be lawful for the person administring the government of the State
for the time being, by and with the advice and concent of the council
of appointment, to appoint a commissary of military stores,‘ who shall
be allowed at and after the rate of forty pounds per an-num : And such
commissary shall have the charge and keeping of ordinance, and mili-
tary stores of the State, subject to such- orders and instructions in the
execution of his duty as he shall receive from the commander in chief.
And be it further enacted by the authority aforesaid That every non
commissioned ofﬁcer and private who shall neglect or refuse to obey
the orders of his superior ofﬁcer while under arms shall forfeit twenty
shillings for every such offence, and if any such non commissioned
ofﬁcer or private enroled to serve in either of the companies of artillery
cavalry or infantry shall refuse or neglect to perform such military duty
or exercise as he shall be required to perform, or shall depart from his
colours or guard, without the permission of his superior ofﬁcer as afore—
said, he shall forfeit the sum of twenty shillings and for the non pay-
ment thereof the offender shall be committed by warrant from the cap-
tain or commanding ofﬁcer of the troop or company then present to
which such offender doth belong to the next goal there to be conﬁned
until the ﬁnes as aforesaid together with the goalors fees are paid. And
the respective sheriffs of the respective cities and counties of the State
are hereby empowered and required to receive the body or bodies of
such offender or offenders as shall be brought to them by virtue of a
warrant or warrants under the hand and seal of such ofﬁcer as aforesaid ;
and him or them to keep in safe custody until such ﬁnes as are men-
tioned in such warrant together with the goalers fees as aforesaid shall
be paid, and the sheriffs and goalers respectively shall be allowed the
same fees as are allowed in other cases: Provided, that in case of a
military guard where a captain doth not command in person, a warrant
granted by an inferior ofﬁcer who shall have the command of such
guard, shall be of the same authority against all offenders as if such
warrant had been issued by such captain.
And be it further enacted by the authority aforesaid That the military
uniform of this State shall be as follows, that is to say
General ofﬁcers, dark blue coats with buff facings, linings, collars and.
cuffs and yellow buttons with buff under cloths—-
CHAP. 26.] NINTH SESSION.
229
Regimental ofﬁcers of infantry, dark blue coats with white linings,"
facings, collars and cuffs, and white buttons, with white under clothes—
Non commissioned ofﬁcers and privates of infantry, dark blue coats
with white linings collars and cuffs, and white under clothes-—
Staff ofﬁcers, dark blue coats with buff collars and linings and yellow
buttons—
- Provided, that none of the non commissioned ofﬁcers and privates of
the regiments of militia, except those composing the light infantry com-
panies, directed to be formed by this act, shall be obliged to appear in
uniform in manner aforesaid.
And be iz‘ far/ber eizaez‘ed by Me aul/zoriz‘y aforesaid, That all persons
who have heretofore been commissioned ofﬁcers in the line of the army
of the United States, shall be, and hereby are exempted from serving
in the militia of this State, any thing in this act to the contrary hereof
notwithstanding. Provided neverz‘lzeless, that if any such ofﬁcer being
above the age of sixteen and not more than forty ﬁve years, shall be
commissioned in the militia to a rank equal to that which he held in
the said army and shall refuse to accept such commission such ofﬁcer
so refusing, shall be liable to serve in the militia.
And be if farl/zer enacted by file azel/zorizfy aforesaid, That the com-
mander in chief shall, as soon as may be after the passing of this act,
take such measures as to him shall seem proper, to obtain the age rank
and residence of all ofﬁcers who heretofore have served in the militia
of this State, and the number of men between the age of ﬁfteen and
forty ﬁve directed to be enrolled by this act. And all executive ofﬁcers
within this State, are hereby strictly enjoined and required to carry
into execution such directions relative to the premises as the commander
in chief may from time to time give and enjoin.
And be ii‘ furl/zer mated by l/ze azit/zorii‘y aforesaid, That all other
laws of this State, for regulating the militia thereof ‘shall be and hereby
are repealed. Provided always, that the act entitled “ An act to regulate
the militia ” passed the 4th of April 1782 shall continue to be in full
force and effect in the different counties of this State until the militia
of such counties shall be arranged and ofﬁcered. agreable to the direc-
tions of this law and no longer.

CHAP. 26.
AN ACT to enable the mayor, aldermen and commonalty of the
city of New York, in common council convened, to order the
raising monies by tax for the maintenance of the poor, and
other contingent expences arising in the said city.
Passer) the 4th of April, 1786.
Be ii‘ mated by z‘be People of [be Slaz‘e of 1Vew Yor/e, represem‘ed iiz
Se/zale and Assembly, and it is bereby enaez‘ed by ﬁle aziilzorizy of ﬁle same,
That the mayor aldermen and commonalty of the city of New York, in
common council convened, shall be and hereby are fully empowered
and authorized, as soon as conveniently may be after the passing of this
act, to order the raising a sum not exceeding six thousand pounds, by a
tax on the estates real and personal of all and every the freeholders and
inhabitants within the city and county of New York, to be applied to
the support and maintenance of the poor of the said city and county,
Former
ofﬁcers in
the line of
the United
States
exempt.
Lists to be
made of
ofﬁcers
who have
formerly
served in
the militia.
Certain
acts re-
pealed.
Tax laid in
New York
city for
contingent
expenses.
230
LAWS OF NEW YORK. [CHAR 27.
Creditors
of deceased
person
may sue
heirs and
devisees.
the bridewell and the criminals from time to time conﬁned in the
prison of the said city and county and to the repairing and maintain-
ing the public roads and cleaning and improving the streets within the
said city and county; also a further sum not exceeding four thousand
pounds, by a tax on the estates, real and personal, of all and every the
freeholders and inhabitants within the said city on the south side of a
line beginning at the outlet of the swamp of Leonard Lispenard Esquire
into Hudson’s river; thence to and along the north side of the dwelling
house of Nicholas Bayard Esquire; thence to and along the north side
of the dwelling house late of Thomas Jones Esquire; and thence to
and along the north side of the dwelling house of Abraham Cannon, to
the East river to be applied to the payment of so many watchmen as
the mayor aldermen and commonalty of the said city of New York shall
think necessary for guarding the said city; and also to the purchasing
of oil, providing lamps and repairing and attending the lamps which
now are or hereafter may be erected within the said city; which said
sums above mentioned shall be rated and assessed by the assessors
according to the estate of each respective person so to be taxed ; that
the said tax shall be raised and collected in one payment, and shall be
assessed by the assessors of the said city and county for the time being,
and levied and collected in the same manner as hath heretofore been
accustomed within the said city and county for levying and collecting
the tax for the maintainance and support of the poor, and other contin-
gent charges within the said city and county; and that the said tax
shall be paid into the hands of the treasurer or Chamberlain of the said
city for the time being, to be applied and disposed of from time to time,
in such manner and proportions, for the purposes mentioned in this act,
as the mayor, aldermen and commonalty of the said city in common _
council convened, shall direct and appoint.
CHAP. 27.
'AN ACT for the relief of creditors against heirs devisees, execu-
tors and administrators, and‘ for proving wills, respecting real
estates.
PASSED the 4th of April, 1786.
Be it enacted ﬁy Me People of ﬁle Siaz‘e of ZVew- York represented in
Senaz‘e and Assemﬁ/y and ii‘ is lzereﬁy erzaeted ﬁy Z/ze aaz‘ﬁorizj/ of Me same,
That all and every creditor whether by simple contract or specialty and
whether the heirs are mentioned therein or not, shall and may by virtue
of this act have and maintain his her and their action and actions against
the heir and heirs at law of any debtor who hath already died or shall
hereafter die intestate seised of any manors, messuages, lands tenements
or hereditaments; and against the heirs, and heirs at law and devisee, and
devisees of such debtor in case such debtor made any last will and tes-
tament; and such heir and heirs, devisee and devisees, shall be liable
and chargeable for a false plea by him her or them pleaded in the same
manner as any heir should have been for any false plea by him pleaded
in any action of debt upon specialty, or for not confessing the lands or
tenements to him descended. Arid fzerz‘lzer, that all creditors shall be
preferred as in actions against executors and administrators.
CHAP. 27.] NINTH SESSION. 231
And be it further marred by Me aai/zoriz‘y aforesaid, That in all cases Heirs an-
where any heir or .heirs at law, is, are, or shall be liable to pay the debt ﬁxﬁgj’llg
of his, her, or their ancestor in regard of any lands, tenements, or liered- 9fpl'qperty
' , j‘ - . - inherited,
itaments, descending to him, her, or them, and shall sell alien or make although
over the same before any action brought or process sued out against jlgreenggﬁlg
him her or them, such heir and heirs at law shall be answerable for such brought.
debt to the value of the said lands, so by him, her or them sold aliened
or made over; in which cases all creditors shall be preferred as in
actions against executors and administrators; and such execution shall
be taken out upon any judgment or judgments so obtained against such
heir or heirs to the value of the said land as if the same were his her or
their own proper debt or debts; but the lands tenements and heredita-
ments bona ﬁde aliened, before the action brought, shall not be liable to
such execution.
Provided always, and be ii‘ farz‘lzer elzaez‘ed by Z/ze aat/zorizy aforesaid, Mode of
That where any action shall be brought against any heir or heirs, such procedure’
heir and heirs may plead riens per descent at the time of the original
writ brought or the bill ﬁled against him, her, or them, any thing herein
contained to the contrary notwithstanding; and the plaintiff in such
action may reply that such heir or heirs had lands, tenements or hered-
itaments from his her or their ancestor before the original writ brought
or bill ﬁled,‘ and if upon issue joined thereupon it be found for the
plaintiff, the jury shall enquire of the value of the lands tenements or
hereditaments so' descended, and thereupon judgment shall be given
and execution awarded as aforesaid; but if judgment be given against
such heir or heirs by confession of the action without confessing the
assets decended, or upon demurrer, or nihil dicit, it shall be for the debt
and damages without any writ to inquire of the lands, tenements and
hereditaments so descended.
Provided also, and be it fziri/zer enacted by tile aziz‘lzorizy aforesaid, Devisees
That all and every devisee and devisees made liable by this act shall $1313;
be liable and chargeable in the same manner as the heir and heirs at tent as
law by force of this act notwithstanding the lands tenements and hered- hens‘
itaments to him or them devised shall be aliened before the action
brought; and shall and may in all cases plead the like pleas, and be
liable to the like judgments and executions as the heir and heirs at law. -
And be it farz‘ber enacted by f/ze aaz‘lzorizy aforesaid, That no lands Judgment
or other real estate of any testator or intestate shall be sold or in any wise affected by virtue of any judgment or execution against executors "011611-
or administrators.
And be it fart/zer mailed by the aai/zoriz‘y aforesaid That when any Executors
executor or administrator whose testator or intestate hath died seised $233321“
or shall die seised of any real estate shall discover or suspect that the proceduie
personal estate of his, her, or their testator or intestate is insufﬁcient to 22.11255“
pay his or her debts such executor or administrator shall as soon as Paydebts,
conveniently may be make a just and true account of the said personal
estate and debts as far as he or she can discover the same and deliver
the said account to the judge of the court of probates of this State for
the time being and request his aid in the premises; and the said judge
shall thereupon make an order directing all persons interested in such
estate to appear before him at a certain day and place in the same
order to be speciﬁed not less than six weeks nor more than ten weeks
after the day of making such order to shew cause why so much of the
real estate whereof such testator or intestate died seised should not be
sold as will be sufﬁcient to pay his or heir debts which order shall
immediately thereafter be published for four weeks successively in two
232
LAWS OF NEW YORK. [CHAR 27.
Convey-
ances, by
whom
made;
effect of.
Applica-
tion of
monies re-
ceived on
sale of
real estate.
Proof of
will of real
estate;
lands in
one county
or more of the public newspapers printed in this State. And the judge
of the court of probates for the time being shall at the time and place
speciﬁed in such order or at such other time and place as he may then
appoint hear and examine the allegations and proofs of such executors
or administrators and of all such other persons interested in such estate
as shall think proper to make or offer any; and if upon due examina-
tion, the said judge shall ﬁnd, that the personal estate of such testator,
or intestate is not sufﬁcient to pay his or her debts the said judge shall
order and direct the Whole, if necessary, or if not, so much, of the real
estate of such testator or intestate, then remaining unsold, to be sold, as
will pay his or her debts, and when only a part of the real estate is
ordered to be sold, such order shall specify the amount so ordered to be
sold. Provided alvzlays that where any houses and lots are so circum-
stanced that a part thereof cannot be sold without manifest prejudice to
the heirs or devisees the judge of probates at his discretion may order
the Whole, or a greater part thereof than is necessary to pay such debt
or debts, to be sold, and to distribute the overplus money arising from
such sale to and among the heirs and devisees, as the case may be.
And be it farZ/zer eaaez‘ed /)y Z/ze aai/zoriz‘y aforesaid That all sales of
any real estate to be made by order of the judge of the court of pro—
bates, shall be made, and conveyances for the same executed by the
executors or administrators applying for such order and such other per-
son or persons as the said judge may think proper to appoint. And the
conveyances for the same shall set forth such order at large and shall be
good valid and effectual against the heirs and devisees of such testator
or intestate and all claiming by from or under them or any of them.
And oe it fart/zer enaez‘ed oy z‘lze auZ/zorily aforesaid, That Where only
a part of the real estate is ordered to be sold as aforesaid the monies
arising by such sale or sales shall be received by the executors or
administrators applying for such order and shall be considered as assets
in their hands for the payment of debts but where the whole real estate
is ordered to be sold the monies arising thereby shall be brought into
the said court of probates and if the same after deducting all charges
and expences shall not be sufﬁcient to pay all the debts of the testator
or intestate, the said judge shall cause the same after deducting all
charges and expences, to be divided among the creditors in proportion
to their respective debts without giving any preference to bonds or other
specialties. Provided always, that before the judge of the court of pro-
bates makes any such distribution he shall cause at least three months
notice of the time and place of making the same to be given by adver-
tiseing the same in two or more of the public news-papers printed in
this State for six weeks successively. Provided always that no part of
the real estate of any testator or intestate shall be ordered to be sold as
aforesaid until the executors or administrators shall have applied the
personal estate or such part thereof as may have come to their hands
towards payment of the debts of such testator or intestate. And no
more of the real estate shall be sold in any case than may be necessary
to pay the residue of the said debts. Provided also, that nothing herein
contained shall be construed to prevent or bar any person from bring-
ing or maintaining any suit or action against any executor or adminis-
trator for or in respect of the personal estate of his or her‘ testator or
intestate or for or in respect of any waste or misapplication thereof by
such executor or administrator. , -
And oe it furt/zer erzaez‘ed by the aat/zorz'ty aforesaid That in all cases
where any real estate is or shall be devised by any last will or testament
it shall be lawful for the executor or any other persons interested in
CHAP. 27.] NINTH SESSION. I 233
such real estate, if they or any of them shall think proper to cause such
last will and testament to be brought before the inferior court of com-
mon pleas held in and for the'county where such real estate is or shall
be situated and the said inferior court shall'cause the witnesses to such
last will and testament to be examined before the same court in open
court which examination shall be reduced to writing and if it shall
appear to the same court that such last will and testament was‘ duly
executed according to law and that the person who executed the same
was at the time of executing the same of full age and of sound mind and
memory, and not under any restraint, then the said court shall order
and direct the clerk of the same court to record such last will and tes-
tament ‘together with the proof thereof so taken in the said court, in a
book to be provided by the said clerk for that purpose. And fart/ter 1a.; in
that if the lands or real estate so devised are or shall be situated in fg1€§gles_
several counties then such last will and testament shall be proved in -
manner aforesaid before the supreme court and recorded as aforesaid
by the clerk of the same supreme court.
A 12d be it fart/ter eizaeted by t/ze aztt/zorizy aforesaid That neither tll€~Noti_ce to
supreme court nor any of the said inferior courts shall proceed to 82%,?“
examine the witnesses to the execution of any last will and testament Oﬂ’erins
unless it shall appear or be proved to such court that due notice of such intention had been given to the heir or heirs of the testator, or if such
heir or heirs are not to be found within this State, ﬁxed up at the last
place of abode of such testator at least ﬁfteen days before such exami-
naﬁon.
And be it fart/ter enacted by t/ze aztt/zorizy aforesaid That it shall and Witnesses,
may be lawful for the said courts and for each and every of the judges $651933“
of the said courts to cause the witnesses to all such last wills and testa- compelled-
ments and all such other witnesses as any person interested may desire,
to be summoned to appear before such court to testify what they shall
know concerning the premises and if any such witness shall neglect or
refuse to appear the said court shall and may cause such witness to be
brought before the same.court to be examined as a witness touching the
premises.
And be it fart/ter enacted by the aat/zority aforesaid That every person Person
in whose custody or power any such last will and testament is or shall ffgz‘yngfcus'
he, shall upon request produce the same before such court as he or she will]! (acm—
may be required for the purpose aforesaid and when the same shall be 5§03u62°i,_
proved and recorded as aforesaid the original shall be returned to the
person who brought it to the said court if such person desire it. And
further that if any person in whose custody or power any last will or
testament is or shall be, shall refuse to produce and deliver the‘ same
then the said court before which such person ought to produce the
same shall and may commit such person to the common goal there to
remain without bail or mainprize until he or she shall produce and
deliver such last will and testament to the same court or to one of the
judges thereof.
A 12d be it furt/zer enacted by tile aztt/zority aforesaid That the records Record to
of the said wills so proved and recorded as aforesaid shall be as good Qgggtsgg‘e
and effectual in all cases as the original wills would be if produced and Original
proved. wln'
And be it fart/ter enaeted by t/ze authority aforesaid That the expence Expense of
of proving and recording the said wills ‘shall be paid by the person 3,1323%,
applying to have the same done and the witnesses and ofﬁcers shall have paidbv
the like fees for attendance and services in virtue of this act as they are 3231;,“
intitled to for the like attendance and services in other cases.
VOL. 2.—3o
234
LAWS OF NEW YORK. [CHAR 28.
Fees for
proving
wills.
Columbia
county,
erection of,
out of
Albany.
Court-
house and
gaol to be
built at
Claverack;
prisoners
conﬁned in
Albany
gaol.
Act not to
affect suits
and prose-
cutions
com-
menced
before day
named.
Supervisor
to levy tax
to build
court-
house and
gaoL
And ﬁe it fart/zer enacted ﬁy t/ze azct/zority aforesaid That the judge of
the court of prob-ates shall have and take for the services to be by him
performed by virtue of this act, the following fees, to wit for ﬁling every
petition one shilling, for making and entering every order six shillings;
for every citation under seal to witnesses or for any other purposes six
shillings; for every sentence or decree thirty shillings; for receiving and
paying out all monies which may come into his hands in consequence
of any sale by order of the said court a commission of three per cent;
for-copies of all records and proceedings when required for each sheet
consisting of one hundred and twenty eight words one shilling and six
pence.

CHAP. 28.
AN ACT to divide the county of Albany into two counties.
PASSED the 4th day of April, 1786.
VYHEREAS the county of Albany is so extensive as to be inconvenient
to its inhabitants. Therefore
Be it enacted ﬁy t/ze People of t/ze State of New York, represented irz
Senate and Assemﬁ/y, azzd it is lzereﬁy enacted ﬁy t/ze azct/zority of t/ze same,
That that part of the county of Albany, which lies on the east side of
Hudsons river, on the south side of the north line of Kinderhook dis-
trict, and on the south of the north line of Kings district, shall be one
seperate and distinct county, and be called and known by the name of
Columbia.
And ﬁe it fzcrt/zer enacted ﬁy t/ze aut/zorizj/ aforesaid, That the said
county of Columbia, shall hold and enjoy all the rights priviledges and
immunities which appertain to other counties within this State.
And ﬁe it fzcrt/zer enacted ﬁy t/ze azctﬁorizj/ aforesaid, That the court
house and gaol for the said county of Columbia, shall be erected at or
near the place where the old church in Claverack now stands, and until
the gaol for the said county shall be erected, the sheriff and other ofﬁ-
cers of justice having process, and the custody of prisoners, may com-
mit prisoners to the gaol of the county of Albany, and the gaoler thereof
shall receive such prisoners, and be answerable for them as if they were
delivered to his care, by the sheriff or other ofﬁcers of the said county
of Albany.
And ﬁe it fzcrt/zer enacted ﬁy t/ze azct/zority aforesaid, That nothing in
this act contained, shall be construed to affect any suit or action already
commenced, or that shall be commenced, before the second Tuesday in
October next, so as to work a wrong or prejudice to any of the parties
therein, nor to affect any criminal or other proceedings on the part of
the people of this State but all such civil and criminal proceedings
shall and may be prosecuted to trial, judgment and execution as tho’
this act had never been passed, and that all writs and process which
may issue out of the inferior court of common pleas of the said county
of Columbia subsequent to the ﬁrst Tuesday in October next shall bear
teste as of the last day of the term of September next, as tho’ such term
had been held on the second Tuesday of September aforesaid.
And ﬁe it furt/zer erzacted ﬁy t/ze aut/zorizj/ aforesaid, That the super-
visors in the several districts in the said county for the time being shall
and they are hereby authorized and required to cause to be levied and
raised of the freeholders and inhabitants of the said county, a sum not
CHAP. 28.] NINTH SESSION. - 235’
exceeding two thousand pounds, for the purpose of building a court
house and gaol in the said county, with an additional sum of nine pence
in the pound for collecting the same, which said sums shall be levied
raised and collected in the said county in like manner as all other
necessary and contingent charges of the said county of Albany have
been heretofore levied raised and collected.
And be ii‘ farZ/zer eizaez‘ed by file aaZ/zorizj/ aforesaid, That the said Supervis-
supervisors of the said county of Columbia, shall meet at the dwelling house of Gabriel Esselstyne at Claverack on the ﬁrst Tuesday of june to meet-
next for the purpose of dividing and apportioning amongst the several
districts in the said county of Columbia the quotas to be raised by vir-
tue of this act. And it is hereby made the duty of Peter Van Ness
Esq. to notify the respective supervisors of such meeting. .
And be it fari/zer eizaez‘ed by Me aaz‘borizj/ aforesaid, That the sum of Tax,when~
money so to be raised ‘as aforesaid, shall be collected and paid into the $3335,
hands of the treasurer of the said county of Columbia at such time Paid-
and times as the supervisors at the said meeting shall appoint and
direct, and the said supervisors are hereby required by plurality of
voices to appoint atreasurer for the said county, and also a clerk of the
supervisors, on or before the ﬁrst Tuesday in june next.
And be itfart/zer enacted by i/ze aaz‘borizy aforesaid, That William B. Trustees ‘10'
Whiting Abraham I. Van Alstyne, john Livingston, Henry I. Van ifﬁig’i‘ﬁ'
Renselaer Mathew Scott Seth jenkins and William H. Ludlow Esquires, gaol-
be, and they are hereby appointed trustees, to superintend and direct
the building of the said court house, and gaol in such manner as they
or the majority of them shall judge most eligible and consistent with
the interest of the inhabitants of the said county ; and the said trustees,
or a majority of them may and they are hereby authorised to contract
with and purchase from any person or persons in the town of Clavarack
so much land as they shall deem necessary for the erecting a court
house and gaol upon, and for the use of the same, and to take a deed
and conveyance thereof to the supervisors of the said county and their
successors forever, in trust for the freeholders and inhabitants of the
said county. And that the said trustees or a majority of them shall and
may contract with workmen, and purchase materials, and employ an
overseer or overseers of such workmen, and from time to time draw
upon the treasurer of the said county for such sums of money raised
by virtue of this act as may be necessary for the purpose aforesaid, and
the treasurer is hereby required out of the said monies, to pay to the
order of the said trustees, or of the majority of them, such sum or sums
of money, as they may, from time to time draw for.
And be if farZ/zer eizaez‘ed by Z/ze aat/iorizy aforesaid, That the said Trustees
trustees, their executors or administrators shall, when thereunto required £3,235,112;
by the supervisors of the said county, account for the expenditure and received-
disposition of all monies to be by them received by virtue of this act,
and if the said trustees or either of them, or the executors or adminis-
trators of either of them shall neglect or refuse to account to and with
the supervisors for the time being for the monies by them received by
virtue of this act, and after an order for that purpose served upon them
severally, signed by the clerk of the supervisors, it shall and may be
lawful for the treasurer of the said county, and he is hereby directed to
commence and prosecute in his own name, a suit or suits for money
had and received to his use, and all damages which shall be recovered
in such ‘suit or suits shall be applied in like manner as the monies
directed to be raised by virtue of this act.
236
LAWS OF NEW YORK. [CHAR 28.
Penalty
for neglect
by ofﬁcers
on whom
duty en-
joined.
And be it fart/cer enacted by t/ze azctbority aforesaid, That if the said
treasurer, supervisors, assessors or collectors shall neglect or refuse to
perform the duty required of hini or them by this act, the person so
neglecting or refusing shall forfeit the sum of one hundred pounds, to
be recovered in any court of record within this State, at the suit and in
the name of the said trustees or the survivors or survivor of them,
which said sum when recovered. shall be disposed of by the said trustees
in like manner as the monies ,to be raised by virtue of this act are to be
' applied.
District
ofﬁcers to
be chosen
as in
Albany
county.
Next elec-
tion for
governor,
etc., to be
d as
formerly;
afterward,
Columbia
to choose
three and
Albany
seven as-
, sembly men
Columbia
county,
courts in.
Sheriﬂ.’ of_
Albany
county,
duty re-
séard i ng_
olumbla
county
prisoners
And be it fart/cer enacted by t/ze ant/zorizy aforesaid, That the super-
visors and other district ofﬁcers in and for the said county of Columbia,
shall be elected and chosen, on the same days, and in the same manner
as the like ofﬁcers are elected and chosen in the several districts in the
county of Albany.
And be it fnrt/zer enacted by ﬁle azct/zority aforesaid, That the next
ensuing election for governor, leutenant governor and members for
Senate and Assembly, shall be held on the same day, and in the same
manner as tho this act had not passed. And that it shall and may be
lawfull for the freeholders and inhabitants of the said county of
Columbia yearly thereafter to elect three members to represent the
same county in assembly, and that the remainder of the said county
of Albany shall remain and continue a separate county by the name
of the county of Albany, and that it shall be lawful for the free-
holders and inhabitants of the same
elect seven members and no more, to represent the said county of
Albany in Assembly, and that the said county of Columbia shall remain
part of the western district of this State. '
And be itfzcrt/zer enacted by t/ze aatborizy aforesaid, That there shall
forever hereafter be held, in and for the said county of Columbia an
inferior court of common pleas and a court of general sessions of the
peace, and that there be in the said county of Columbia, three terms in
every year to commence and end in the days following, to wit, the ﬁrst
term to commence on the second Tuesday in january, and to end on
Saturday next ensuing inclusive the second term to- commence on the
second Tuesday in May, and to end on the Saturday next ensuing
inclusive, and the third to commence on the second Tuesday in Sep-
tember and to end on the Saturday next ensuing inclusive. Provided
that on any of the terms aforesaid, the court may adjourn previous to
the day assigned, if the business of the court will admit, and that the
ﬁrst inferior court of common pleas and general sessions of the peace
in the said county, shall be held on the second Tuesday of january
next ensulng.
And be it fart/cer enacted by t/ze ant/zority aforesaid, That nothing in
this act contained shall be obligatoryon the sheriff of the county of
Albany to retain in his custody, prisoners from the sheriff or other ofﬁ-
cers of the said county of Columbia for any longer term than two years
from the passing of this act, and that the sheriff of the said county of
Columbia shall remove out of the gaol of the city of Albany, Within the
said two years all such prisoners as shall have been committed or sent
to the said gaol by the said sheriff of the county of Columbia.
county of Albany yearly to r
' CHAP. 30.] NINTH SESSION. 237
CHAP. 29.
AN ACT to repeal certain acts respecting attornies, solicitors
and counsellors at law, and also part of the act entitled “An
act for the regulation of sales by public auction.
PASSED the 6th of April, I786.
Be it enacted by the people of tbe State of New York, represented in Acts
Senate and Assembly, and it is lzereby enacted by the aat/zbrity of the same, giggfggfr
That the act entitled “An act making it necessary for the attornies,
solicitors, and counsellors at law, who have been licensed to plead or
practice in any of the courts of law or equity, within the late colony of
New York to produce certiﬁcates of their attachment to the liberties
and independence of America;” and the act entitled, an act to amend
an act passed the ninth day of October one thousand seven hundred
and seventy nine, relative to attornies, solicitors, and counsellors at
law shall be and the same are hereby respectively repealed. Provided
always, that every attorney, solicitor or counsellor, the suspension of Proviso;
whose licence is hereby taken off, shall, previous to his being admitted 2,128; {,(jbe'
to practise, prove to the satisfaction of the court, of which he shall be attPmeY,
admitted attorney, solicitor or counsellor that he is of good moral char-
acter, shall be licensed by such court, and shall take the oath of abjura-
tion and allegiance, and an oath for the faithful execution of his ofﬁce.
And be it fart/ter enacted by the azct/zority aforesaid, That so much of Part of act
the act entitled “An act for the regulation of sales by public auction” £333,516,-
as requires a person who shall make application for licence to act as a
vendue master to produce a certain certiﬁcate in and by the said act
described previous to the obtaining such licence, shall be and the same
is hereby repealed.
CHAP. 30.
AN ACT respecting the terms of the courts in the counties of
Queens, Ulster, Orange, Richmond and Westchester.
PASSED the 6th of March, 1786.
WHEREAS the terms of the inferior courts of common pleas and gen-
eral sessions of the peace in the counties of Queens, Ulster, Orange,
Richmond and \Vest-Chester, are found to be insufﬁcient for the dis-
charge of the necessary and encreasing business in the said courts.
Therefore
Be it enacted by t/ze People of t/ze State of New’ York represented in Courts in
Senate and Assembly and it is lzereby enacted by t/ze azct/zority of tbe same, 383531-1168‘
That there shall be three terms of the inferior courts of common pleas, additional
- ' ' ' terms.
and general sessions of the peace in the said counties of Queens, Orange, '
Richmond and West Chester respectively, in every year: and that the Queens
terms of the inferior court of common pleas and of the general sessions county’
of the peace, in the county of Queens, shall hereafter commence on the
ﬁrst Monday in June the secondv Monday in November and the ﬁrst
Monday in February in every year, and shall continue until the several
Saturdays next following, inclusive ; and the terms of the inferior court
238
LAWS OF NEW YORK. [CHAR 31.
Orange
county.
Richmond
county.
West-
chester
county.
Ulster
county.
Process is-
sued to be
returnable
on ﬁrst day
of next
term
Court's
may ad-
journ be-
fore last
day speci—
ﬂed.
of common pleas and of the general sessions of the peace, in the county
of Orange shall be held alternately at the court house in the new city, and
at the court house in Goshen, and shall after the ﬁrst day of January
next commence on the second Tuesdays in February May and October,
in every year, and shall continue until the several Saturdays next fol-
lowing inclusive: the terms of the inferior court of common pleas and
of the general sessions of the peace in the county of Richmond, shall
hereafter commence on the ﬁrst Monday in May, and the fourth Mon-
days in September and January in every year, and shall continue until
the several Saturdays next following respectively, inclusive; and the
terms of the inferior court of common pleas, and of the general sessions
of the peace in the county of West Chester, shall hereafter commence
on the fourth Mondays in May, September and January, in every year,
and shall continue until the several Saturdays next following, inclusive.
And ﬁe it fart/zer enacted ﬁy t/ze azct/zority aforesaid, That there shall
be four terms of the inferior court of common pleas, and two terms of
the court of general sessions of the peace in the county of Ulster in
every year; that one court of common pleas, and a court of general
sessions of the peace for the said county shall hereafter commence on
the ﬁrst Tuesday in May, and shall continue until the Saturday next
following, inclusive; one court of common pleas shall commence on
the ﬁrst Tuesday in January, and shall continue until the Saturday next
following inclusive; and one court of common pleas and a court of
general sessions of the peace shall commence on the third Tuesday in
September, and shall continue until the Saturday next following, inclu-
sive; and another court of common pleas shall commence on the ﬁrst
Tuesday in July, and shall continue until the Saturday next following,
inclusive.
And ﬁe it fzcrt/zer enacted ﬁy t/ze azct/zority aforesaid, That all process
issued out of the said respective courts, and made returnable on the
usual return days, and all recognizances by which any person or persons
shall be bound to appear on the usual return days, shall be deemed re-
turnable, and are hereby respectively required to be returned on the
ﬁrst day of the said terms respectively next succeeding the passing of
this act and all actions and proceedings shall be and hereby are contin-
ued until the ﬁrst day of the several last mentioned terms.
And ﬁe it fart/zer enacted ﬁy t/ze azct/zority aforesaid, That it shall and
may be lawful for each of the said courts respectively, when they shall
conceive the due administration of justice will admit thereof, to adjourn
the said courts respectively, to the succeeding term on any day pre-
ceeding the last day, to which the power of holding such of the said
courts is hereby extended as aforesaid : and all process which shall be
issued out of the said courts respectively, in the succeeding vacation,
shall bear test the day on which the said respective courts shall have
adjourned.
CHAP. 31.
AN ACT for compleating the court house and goal in the county ,
of Dutchess.
PASSED the 6th of April, 1786.
WHEREAS it is represented that the sum directed to be raised in and
by the act entitled “ An act for building a court house and goal in the
county of Dutchess and for other purposes therein mentioned,” is in-
adequate to compleat the said court house and goal. Therefore
CHAP. 31.] NINTH SESSION. 239
Be if enacted by Zbe People of z‘lze Slate of New York, represented in Dutchess
Se/zaz‘e and Asserzbly, and ii‘ is lzereby enaoted by the aaz‘lz'oriiy of t/ze same, $53,238,?‘
That the supervisors of the several precincts in the said county for the Emavladdi-
time being, shall be and they are hereby authorised and required to fbg'ngoliglf
direct to be raised and levied on the freeholders and inhabitants of the Egg,“ and
said county, a further sum not exceeding two thousand pounds, fora '
compleating the said court house and goal, with an additional sum of
nine pence in the pound for collecting the same; which said sum shall
be raised, levied, and collected in the like manner as the sum of one
thousand ﬁve hundred pounds is, in and by the before recited act,
directed to be raised levied and collected.
And be ii‘ fari/ier marred by ﬁle aat/ioriify aforesaid, That the super- Supervis-
visors of the said county of Dutchess shall meet for the purpose of 33% $1313.,
dividing the said sum to be raised, and levied by virtue of this act, at to meet-
the dwelling house of Stephen Hendrickson of Poughkeepsie in the said
county on the ﬁrst Tuesday of May next: and it is hereby made the
duty of the clerk of the supervisors of the said county to notify the
respective supervisors of such meeting : and that the said sum shall be
collected and paid into the treasury of the said county, on or before the
ﬁrst day of October next.
A 12d be ii‘ fari/zer eliaez‘ed by i/ze azit/zorizfy aforesaid, That it shall and Persons to
may be lawful for the supervisors of the said county of Dutchess, at 3333;... to
their ﬁrst meeting after the passing of this act, to appoint one or more ﬁt person or persons, which person or persons when so appointed as penditui'e
aforesaid, shall superintend and direct the compleating the said court of monies‘
house and goal in the said county, in such manner as to him or them
shall appear most eligible, and consistent with oeconomy and the advan-
tage of the county; and shall and may contract with workmen, purchase
materials, and employ an overseer of such workmen, and from time to
time draw upon the treasurer of the said county for such sums of money
for the purposes aforesaid, as shall be paid into the treasury by virtue
of this act : and the said treasurer is hereby required, out of the monies
aforesaid to pay to the order of such person or persons so appointed, as
aforesaid, the several sums to be by him or them drawn for:
And it is hereby made the duty of such person or persons so to be
appointed as aforesaid, to account with the supervisors of the said
county for the monies by him or them received, when thereunto re-
quired. .
A 12d be it fzirf/zer enacted by i/ze aai/zoriz‘y aforesaid, That it shall and Supervis-
may be lawful for the supervisors of the several precincts in the said
county to contract for and take a grant and conveyance in their own lands for
. . court—
names for the use of the said county of Dutchess of a small piece or house yard
parcel of ground adjoining the said court house and goal and now in
the possession of Ebenezer Badger for the purpose of enlarging the
yard to the said court house and goal: and the said supervisors are
hereby required to draw upon the treasurer of the said county for the
purchase money of the said piece or parcel of land, to be paid out of
the monies received by the said treasurer by virtue of this act and it is
hereby made the duty of the said treasurer to pay the said purchase
money out of the monies received by him as aforesaid.
A 12d be if farf/zer mated by i/ze aaz‘lzoriij/ aforesaid That it shall and County
may be lawful for the said treasurer to retain in his own hands six pence gig-5,5?“
in the pound for his trouble in receiving and paying out the monies
directed to be raised by this act and the act herein before recited.
' t
240
LAWs OF NEW YORK. [CHAR 33.
Suffolk
county,
payment
of arrears
of poor
and other
taxesdev-
ied during
the war.
Collectors,
New York
city, bonds
to be
given by.
CHAP. 32.
AN ACT to enforce the payment of certain monies assessed in
Suffolk county.‘
PAssEb the 8th of April, 1786.
WHEREAS it hath been represented to the legislature of this State, that
during the late war assessments were made in many of the towns in the
county of Suffolk for the support of the poor and other contingent
expences certain proportions of which are still unpaid. Therefore,
Be it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly and it is bereby enacted by t/ze aat/Zority of tbe same,
That it shall and may be lawful for the supervisors of the several towns
in the said county, or the major part of them, in every case where such
assessments remain in the whole or in part unpaid, to deliver a copy of
such assessment together with their warrant under their hands and seals
to the collector of the town in. which such assessment was made, requir-
ing him to levy and collect the several sums which shall appear to the
said supervisors to be due and unpaid by the several persons in such
town, according to such assessment for the support of the poor, and
other contingent expences made as aforesaid within such town during
the late war: and the collector shall proceed in levying and collecting
the several sums by him to be collected, in like manner as it is directed
in and by the act, entitled, “An act for the settlement and relief of the
poor,” passed the seventeenth day of April, one thousand seven hundred
and eighty four, and shall pay the monies so by him to be collected into
the hands of the overseers of the poor of the town to which he shall
belong, and such overseers of the poor shall discharge the debts for
which such assessments were originally made.
GHAP. 33. -
AN ACT to compel collectors and constables to give security.
PASSED the 13th of April, 1786.
WHEREAS the freeholders and inhabitants of the cities and counties of
this State have sustained considerable losses by the insolvency and mis-
conduct of collectors and constables in the said cities and counties: for
remedy whereof -
Be it enacted by the People of tbe State of New York, represented in
Senate and Assembly, and it is lzereby enacted by t/ze azct/zority of tbe same
That every collector hereafter to be chosen for any of the wards in the
city and county of New York immediately after he shall be elected and
before he shall enter upon the business of the said ofﬁce of collector,
shall enter into a‘ bond with sufﬁcient security to the mayor aldermen
and commonalty of the said city in such sum as the said mayor or
recorder and any two aldermen of the said city, for the time being, shall
think proper, Well and faithfully to execute the ofﬁce of collector of such
ward as he shall be so elected for, during the time he shall continue to
be collector.
can». 33.] NINTH SESSION. 241
And be it fart/ter enacted by t/ze aat/zority aforesaid That if the col- When
lector of any of the respective wards within the city and county of New fgijféocrép
York shall not comply with the condition of the bond or obligation, geigtioltttnd
. . . posltlon
above directed to be given, whereby the penalty of such bond or obli- of penalty.
gation shall be forfeited, in such case it shall be lawful for the said
mayor aldermen and commonalty of the said city of New, York to sue
for and recover the same with costs of suit in any court of record within
this State, and the monies that shall be recovered in such suit or action
shall be applied towards making good any such difﬁciency as shall hap-
pen by reason or means of the neglect or misconduct of such collector
And be it fart/ter enacted by t/ze ant/iority aforesaid, That every col- collectors
lector hereafter to be chosen in each and every of the towns, manors gééf’gggas
precincts or districts within this State shall previous to his collecting 1:9 be
any and every tax enter into bond or obligation with sufﬁcient security, gwen by’
to the clerk of the town, manor, precinct or district for the time being,
whereof he is elected collector in double the sum to be by him collected,
to be ascertained from the tax list, delivered to such collector, by the
superviser assessor or clerk or any of them well and faithfully to execute
the ofﬁce of collector of such respective town, manor precinct or dis—
trict during the time of his continuing to be collector.
And be it fart/ter enacted by Me ant/zority aforesaid, That if any col- Recovery
lector of any town, manor, precinct or district shall not comply with the $90213?‘
condition of the bond or bonds obligation or obligations above directed Penalty-
to be given, whereby the penalty of such bonds or obligations shall be
forfeited, in such case it shall and may be lawful for the clerk of the
same town, manor, precinct or district, for the time being by the name
of the clerk of such town, manor, precinct or district for the time being
to sue for and recover the same with costs of suit in any court of record
within this State, and the monies that shall be recovered in any such
suit or action shall be applied towards making good any deﬁciencies that
may happen by reason or means of the neglect or misconduct of such
collector. ~
And be it fzirt/zer enacted by the azet/zority aforesaid, That every con- Constables
stable hereafter to be chosen in each respective ward town, manor, pre- $2,551,?
cinct or district within this State (unless he shall make oath before a
magistrate at the time of his being so chosen that he was chosenagainst
his inclination) within eight days after he shall be elected, and before
he shall enter upon the business of the said ofﬁce of constable shall
enter into bond or obligation with sufﬁcient security in the sum of one
hundred pounds, well and faithfully to execute the ofﬁce of constable of
such respective city, town, manor, precinct or district for which he shall
be so chosen as aforesaid; which bond in the city of New York shall
be given to the mayor aldermen and commonalty, and in each of the
other counties of this State to the clerk of the town manor precinct or
district for which such constable shall be chosen.
And be it furt/zer enacted by t/ze aat/zoritv aforesaid, That if any con- Recovery
stable hereafter to be chosen shall not comply with the condition of the 333%???’
bond or obligation above directed to be given, in such case it shall and Penalty-
may be lawful for any person or persons aggrieved by the misconduct
or negligence of such constable or constables to cause a suit to be com-
menced on such bond in any court of record within this State: and if
the defendant in any such action or actions so to be commenced shall
make default, or if it shall appear that the said constable hath been
guilty of neglect or misconduct, judgment shall be entered for the pen-
alty of such bond and a writ shall thereupon issue to inquire what dam-
ages the person or persons at whose instance such suit shall be com-
VOL. 2.——5I
LAWS OF NEW‘ YORK. [CHAR 34.
Process,
to whom
issued.
Petition
for ap-
pointment
of trustees
of debtor’s
estate.
What cred-
itors can—
not peti-
tion.
menced, hath sustained, and execution shall issue for the damages so
found with costs, and such damages so found when recovered, shall be
paid to the person or persons at whose instance such suit shall be prose—
cuted. And it shall and may be lawful for any other person who may
be aggrieved by the negligence or misconduct of such constable to cause
a writ of scire facias to be issued on such judgment, and to recover his
or her damages in the manner aforesaid. Provided always, that such
action or actions be commenced within one year from the time that the
cause of such action or actions shall accrue.
And ﬁe it fnrt/zer enacted ﬁy t/ze ant/zorizj/ aforesaid, That in all suits
and matters cognizable before a justice or justices of the peace, it shall
be lawful for the justice and justices to issue process to the constable
of any ward, town, manor, precinct or district in the same city or
county, any law usage or custom to the contrary notwithstanding.
CHAP. 34.
AN ACT for the relief of insolvent debtors.
PASSED the 13th of April, 1786.
WHEREAS insolvent debtors, who in order to obtain a general dis-
charge, are willing to deliver up all their effects to their creditors, are
often prevented from doing it by a few of them, to the great prejudice
of the rest, and to the injury of trade; therefore,
Be it enacted ﬁy the People of the State of New York, represented in
Senate and Assemﬁly, and it is ﬁereﬁy enacted ﬁy t/ze ant/writ)’ of Me sanze,
That it shall and may be lawful for any debtor who now is or hereafter
shall be insolvent, in conjunction with so many of his or her creditors,
or the attorney or attornies of such creditors as have, or shall have debts
owing to them by the said debtor, amounting at least to three fourths of
all the money owing by the said debtor, whether the same be then due,
or payable at some future time or times, in order to a general discharge,
to present a petition to the supreme court, or in the vacation to one or
more of the judges, or if the said debtor be arrested, to the court or any
‘one of the judges of that court out of which any process against such
debtor issued, praying that the said debtors estate may be delivered to
one or more such person or persons, as the said petitioners or a majority
of them in respect to their demands on the said debtor shall nominate,
to receive and dispose of the same for the use of all his or her creditors.
And ﬁe it fzcrt/zer enacted ﬁy t/ze ant/zorizj/ aforesaid, That no person
having any mortgage judgment or assignment or other security of, or
upon any lands, tenements, or hereditaments, goods, or chattels, or thing
or things, in action whatsoever either to him or her, or to any other
person, in trust for him or her, for securing the payment of any sum, or
sums of money, from such debtor; shall for such sum or sums become
or be considered a petitioner for the relief of such debtor; unless such
person shall upon signing the petition of such debtor, add to his or her
name subscribed to the same petition a declaration in writing that he or
she doth thereby relinquish and give up to the assignee or assignees to
be appointed in consequence of such petition, such mortgage judgment
assignment or other security for the beneﬁt of all the creditors of such
debtor: and all such mortgages judgments assignments and securities so
relinquished as aforesaid, and the lands, tenements, hereditaments, good
can». 34.] NINTH SESSION. 243
and chattels and things in action so mortgaged or assigned, or affected
by such judgment shall with the ‘residue of such debtors estate vest in
the assignee or assignees of such debtors estate for the purposes aforesaid.
And be it farZ/zer enacted by f/ze aaz‘borizfy aforesaid, That every such Debtor to
debtor within four days after the presenting such petition, shall deliver jineégffory
in writing a full and true account of all his or her creditors, and the under Oath
monies owing to them respectively by the said debtor, and also a full
and true inventory and account of all the estate both real and personal
in law and in equity of such debtor, and of all books vouchers and
securities relating to the same; and the said judge or judges shall there-
upon administer to such debtor an oath or afﬁrmation to the following
effect
I do solemnly swear in the presence of Almighty God (or Form of
being of the people called Quakers, do sincerely and truly declare and Oat °
afﬁrm) that the account now by me delivered is a just and true account
of all my creditors and of the monies owing by me to the best of my
knowledge or remembrance, and that the inventory and account now
delivered by me is a just and true account of all my estate real and per-
sonal both in law and in equity either in possession reversion or remain-
der, and that I have not, directly or indirectly, sold, leased, assigned or
otherwise disposed of, or made over, either in trust for myself, or other-
wise, except as set forth in the same account, any part of my estate
real or personal, for my future beneﬁt, or in order to defraud my credi-
tors. So help me God.
\Vhich oath or afﬁrmation being taken by such debtor, notice shall be
given by the petitioners to all the creditors of such debtor, by advertis-
ing the same in two or more of the public news papers, to show cause
if any they have, by such a day as shall be appointed by the court, or
one or more of the judges, why an assignment of the said debtors estate
should not be made, and the debtor discharged. At which day if no
sufficient cause to the contrary appear, the court or any one or more of
the judges, shall direct a grant or assignment of all such debtors estate
both in law and equity to be made by such debtor to the person or per-
sons nominated by the petitioners or a majority of them in respect to
the amount of their just demands on the said debtor; and upon such
debtor producing a certiﬁcate under the hand and seal or the hands and
seals of the assignee or assignees, executed in the presence of two wit- Discharge
nesses, that such debtor has granted, conveyed, assigned and delivered f’focllfl’bwr
for the use of his or her creditors, all his or her estate real and personal, prison.
both in law and equity; except as herein after is mentioned; and all
the books vouchers and securities relating to the same; they shall dis-
charge such debter if in prison, from his imprisonment, which discharge
or the record thereof in the minutes of the court from whence the pro-
cess issued, shall be a sufﬁcient warrant to the sheriff or goaler for sett-
ing such prisoner at large.
And be it farZ/zer eizaoz‘ed by the aaZ/zorii‘y aforesaid, That every such Where
debtor who shall, before the delivery of such petition, have become bail in any cause, on account of which he has reason to think, judgment may bail bond-
be had against him, and shall make oath, that at the time he so became
bail, he had a clear estate, sufﬁcient to answer any demand that could
with any probability be made upon him as bail, may add to the account
of the creditors, and the monies owing by him before directed to be
given, an account of the manner of his becoming bail, and annex such
a sum as he imagines he will be liable to pay on that account, and then
the assignees shall reserve in their hands for the space of one year and
a half such a dividend as a creditor for the like sum would have a right
244
LAWS OF NEW YORK. [CHAR 34.
Debts not
due, re—
bate of
interest on.
to receive, and after judgment obtained against any such debtor, the
person obtaining the same, shall be considered in every respect as
another creditor, Whose debt was due before the delivery of the petition;
but if in the space of one year and a half after the petition is delivered,
no judgment shall be obtained against such debtor, the monies so
reserved shall be divided among the other creditors, in the same man-
nor as the rest of such debtors estates, and such debtor shall be dis-
charged from all obligations as bail in the same manner as if the sum so
annexed to the account of his creditors were paid: and if judgment
shall be obtained against such debtor as bail for any sum, within one
year and an half after the petition is delivered, and after the division of
the produce of his or her estate among his or her creditors, and the
said debtor should have omitted either wholly or in part to annex the
said sum to the account delivered, the person obtaining such judgment,
shall recover against the said debtor either for the whole or the part
omitted, as the case shall happen to be, so much as the other creditors
of the said debtor ought to have received for a like just debt, and no
more: Provided always, that the sum for which judgment is obtained
against such debtor, being added to the account of his or her creditors,
and of the monies owing to them, before directed to be given, the debts
owing by him or her to the petitioning creditors, shall still appear to
have been three fourths of all that was owing by the said debtor.
And be it fart/ter enacted by t/ze aat/zority aforesaid, Thall * all other per-
sons who have given credit to such debtor, on a valuable consideration,
for any sum of money, or other matter or thing, which is, or shall
not be due or payable at or before the time of the delivery of the peti-
tion, shall and may be admitted and considered as creditors whose debts
are then due, and shall receive a dividend of such debtors estate in the
same proportion as the other creditors, deducting thereout only a rebate
of interest, at the rate of seven per cent for what shall be received on
such debts, (unless such debts shall be payable with interest‘), to becom-
puted from the actual payment thereof, to the time they would have
become due.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That such assignee
or assignees, shall have power and authority to dispose of all the real
and personal estate of such debtor which shall be assigned to him or
them, or which ought, by virtue of this act to be assigned to him or
them, and to convert the same into money; to execute good and sufﬁc-
ient deeds for such real and personal estate, to redeem all mortgages,
and conditional contracts, and satisfy all judgments, and to recover in
his or their own name or names all such real and personal estate of such
debtor, and all deeds books of accounts and papers respecting the same,
and shall have full power and authority to refer to arbitration, settle,
compound, or agree with any person indebted to such debtor, in such
manner as shall from time to time appear to such assignee or assignees
most advantageous to the creditors of such debtor; and shall within the
space of one year proceed to make a division of all the money which
shall come to his or their hands of such estate ﬁrst giving three months
notice of the time and place of making such division by advertising the
same in two or more of the public newspapers printed in this State; and
if the whole be not then settled, shall within the space of one year there-
after, make a second division of such monies as may come to his or their
hands after the ﬁrst division and so from year to year until a ﬁnal settle-
ment thereof, and a just and equal division of the whole be made.

Power and
authority
of as-
sign ees.
*So in original.
CHAP. 34.] NINTH SESSION.
45
6)
d
And be it fart/ter enacted by tile ant/zority aforesaid, That the assignees
shall at least one month before a division be made appoint a day by
advertising the same in two or more of the public news papers, for a
general meeting of all such creditors as shall choose to attend, to exam-
ine and ascertain the debts due to each-creditor; and in case of any con-
troversy relating to such debts, it shall be determined in the following
manner, that is to say, the assignees shall nominate two referees, not
being creditors of the debtor, and the creditor whose debt is in contro-
versy shall nominate two others, and their names shall be seperately
written on four pieces of paper, as nearly of the same size as possible,
which shall be rolled up in the same manner, and put into a covered
box, and from thence one of the assignees shall draw out three of the
said pieces of paper, and the persons whose names are so drawn shall
ﬁnally settle such controversy, and if any referee so appointed shall
refuse or be incapable of acting in a reasonable time, a new choice shall
be made in the same manner, and in case any such creditor shall refuse
to nominate referees on his part, the assignees are hereby impowered to
nominate them for him.
And be it fart/ter enacted by t/ze azit/zority aforesaid, That the assignee or
assignees shall immediately after the assignment, take an oath or afﬁrm-
ation to be administered by the court, or any one of the judges, well
and faithfully to manage the debtors estate and keep and render a true
account of all that shall come to his or their hands, of the same; and
for that purpose shall keep regular books of accounts, to which every
creditor at all reasonable times, may have recourse; and for the care
and trouble incumbent on the assignees they shall be allowed out of the
debtors estate, such a consideration as the petitioners or a major part
of them shall agree and ﬁx upon.
And be it fart/zer enacted by t/ze aztt/zority aforesaid, That for the more
full discovery for the estates of such debtors, the court or any one of
the judges at the request of the assignees, shall have full power, and are
hereby required to summon, and examine on oath, or afﬁrmation such
debtor or his wife, and every other person whatsoever known or sus-
pected to detain any part of the said debtors estate, or to be indebted
to it; and in case any person on such summons shall refuse to attend,
having no reasonable excuse, or shall refuse to be sworn, or if a Quaker
to afﬁrm, then it shall and may be lawful for the said court, or any of
the judges, to commit the person so refusing to gaol, till he or she shall
submit to ‘be examined concerning what he she or they may know
relating to such estate, and if any such person or persons shall willfully
and knowingly afﬁrm or swear falsely, the person or persons so offend-
ing shall be liable to the same pains and penalties as those are who are
convicted of willful and corrupt perjury.
And be it fart/zer enacted by t/ze aut/zorizy aforesaid, That no suit in
equity shall be commenced by any assignee, without the consent of the
majority of the petitioners with respect to the amount of their debts as
aforesaid, at a meeting held for that purpose: and if any creditor shall
neglect or refuse to give notice * to give notice of, and prove his or her
debt within one year and an half after the assignment, and a division
of the whole estate be made, such creditor shall not be entitled to a
dividend, and the whole money shall be divided by the assignees among
the other creditors; but in case the whole of such debtors estate shall
not be divided and settled by the time hereby appointed for the ﬁrst
division, and such creditor shall prove his debt before the time

Meeting of
creditors;
disputed
claims.
Oath to be
taken by
assignees.
Proceed-
ings to
discover
property.
* So in original.
Proof of
claims;
division of
estate.
246
LAWS OF ‘NEW YORK. [CHAR 34.
Debtor dis-
charged
all debts
due at time
of assign-
ment.
Penalty for
perjury.
etc., by
debtor.
J urisdic-
tion of
courts.
Costs of
assign-
ment, how
paid;
overplus.
Proof to
be furnish-
ed before
debtor dis-
charged.
appointed for the second division, then such creditor shall before a
second division be made among the other creditors have his ﬁrst divi-
dend, or so much money as he would have been entitled to on the ﬁrst
division, had his debt then been proved, but no creditor shall be
admitted to prove his debt in order to intitle himself to a share in the
debtors estate, after the second division, but shall by this act be
debarred from any share thereof.
And ﬁe it fnrt/zer enacted ﬁy t/ze ant/zority aforesaid, That every such
debtor having given up his or her estate and conformed in all things to
the directions of this act, shall be discharged from all debts due at the
time of the assignment, or contracted for before that time, though pay-
able afterwards; and if prosecuted for any such debt or contract, may
plead the general issue, and give the special matter in evidence.
And ﬁe it fnrt/zer enacted ﬁy t/te ant/zorizj/ aforesaid, That in case any
such debtor shall be guilty of perjury, by concealing any part of his or
her estate or effects, or shall after the assignment of his or her estate by
virtue of this act, receive any debt or debts due to him or her before,
or he or she shall secret any part of his or her estate, or any books or
writings relating thereto, with an intent to defraud his or her credi-
tors, then and in every such case the discharge of the said debtor under
this act shall be void, and his person and estate be subject to the pay-
ment of all his former debts, as well to his petitioning creditors as
others.
And ﬁe it fnrt/zer enacted ﬁy t/ze azet/zority aforesaid, That when any
debtor is arrested by process out of the supreme court, and also by pro-
cess out of an inferior court, the petition shall only be made to the
supreme court, or one of the judges thereof in the vacation.
Provided always, and ﬁe it enacted ﬁy t/ze ant/zority aforesaid, That
all costs of suit, prison and gaol fees shall be ﬁrst paid, and then deduct-
ing all such costs, charges and expences as shall be necessarily'laid out
and expended by the assignee or assignees, together with their commis-
sions for their care and trouble therein, the residue shall be divided,
equally, among the creditors, in which division no preference shall be
given to debts due by specialty; but if there should be an overplus after
all the creditors are fully satisﬁed for all their just demands, it shall be
paid by the assignees to the debtor, his or her executors or administrators.
And ﬁe it fnrt/zer enacted ﬁy t/ie ant/zorizj/ aforesaid That no such
debtor shall be discharged until every petitioning creditor shall swear,
or if of tne people called Quakers afﬁrm, that the sum annexed to his
or her name in the account exhibited by the debtor of all his creditors,
is justly due to him or her, or will become due to him or her, at some
future time, meaning the time when; and that he or she hath not
received from such debtor any payment of part of his or her demand
against such debtor in money, or by sale, conveyance, assignment or
delivery of any lands, tenements hereditaments goods chattels or any
thing or things in action upon any express or secret or implied contract
promise engagement intent trust or conﬁdence, that he or she should
become a petitioner for or in behalf of such debtor and in case such
petitioning creditor be out of this State, and petitions by attorney, then
instead of the oath or afﬁrmation of the principal it shall be sufﬁcient
if the attorney who shall sign such petition swears, or if of the people
called Quakers, afﬁrms, that he verily believes that the sum claimed by.
him for the person or persons for whom he acts, is justly due to him,
her, or them, or will become due to him, her, or them at some future time,
naming the time when; and that he the said attorney hath not, and that
he doth not know nor believe that the person or persons for whom he
CHAP. 35.] NINTH SESSION.
247
acts, ‘bath or have received any part of his, her, or their demand, in
money or by sale, conveyance, assignment or delivery of any lands
tenements, hereditaments goods chattels or any thing or things in
action, upon any express or secret or implied contract promise, engage-
ment, intent trust or conﬁdence, that such attorney or the person or
persons for whom he acts should become a petititioner or petitioners
for or in behalf of such debtor. Provided always, That nothing in this
act contained, shall be construed to deprive landlords of the right of
distraining for or securing their rents, which by law they had before
the making of this act.
And be ilfarl/zer enaeled by l/ze aaz‘liorily aforesaid, That if any person Act maybe
be sued for any matter or thing done by virtue of this act, it shall be
lawful for him to plead the general issue, and give the special matter in
evidence.
A7207 be ii‘farl/zer erzaeled by ﬁle aal/zoriz‘y aforesaid, That the court,
judge or judges, to whom the petition of any insolvent debtor or debtors
shall be presented, are hereby respectively authorised to allow every
such debtor to retain such articles of wearing aparel and beding as in
the opinion of such court judge or judges shall be reasonable and
necessary for the family of such debtor, and also the arms and accou-
trements, if any there be mentioned in such inventory, required by the
law for regulating the militia, to be provided by every enroled citizen.
CHAP. 35.
AN ACT for revising and digesting the laws of this State.
PASSED the 15th of April, 1786.
WHEREAS by the constitution of this it is declared that such parts
of the common law of England, and of the statute law of England and
Great Britain, and of the acts of the legislature of the Colony of New
York, as together did form the law of the said Colony on the nine-
teenth day of April in the year of our~Lord one thousand seven hun-
dred and seventy ﬁve, (except such parts thereof as are by the said
constitution abrogated) shall be and continue the law of this State;
subject to such alterations and provisions as the legislature of this State
shall from time to time make concerning the same. And w/zereas such
of the said statutes as have been generally supposed to extend to the
late Colony and to this State are contained in a great number of vol—
umes, and those statutes as well as the acts of the legislature of the late
Colony are conceived in a stile and language improper to appear in the
statute books of this State ; Therefore
Be il eizaeled by like People of l/ze Slate of New York, represented in
Senate and Assembly, and i2‘ is bereby erzaeled by Me aal/zorily of f/ze same,
pleaded in
evidence.
Court to
allow debt-
or to retain
certain
property.
Preamble.
Samuel
Jones and
Richard
That Samuel jones and Richard Varick Esquires shall be and hereby Varick to
are authorised and appointed to collect and reduce into proper form
under certain heads or titles of bills all the said statutes and lay the same
bills before the legislature of this State from time to time as they shall
prepare the same, and that they the said Samuel jones and Richard
Varick Esquires also collect and reduce all the public acts of the late
Colony which yet remain in force into the proper form under certain
heads or titles of bills, and lay the same bills before the legislature from
time to time as they shall prepare the same that such of them as shall
be approved of by the legislature may be enacted into laws of this State,
compile
English
and C010-
nial laws
in force.
248
LAWS OF NEW YORK. [CHAR 35.
Compila-
tion of laws
passed by
egislature.
Titles only
of obsolete
acts to be
printed.
Two years
allowed
for com-
pilation.
Printing of
the laws.
Appropria—
tion to pay
for print—
ing.
Public rec-
ords may
be ex—
amined.
to the intent that when the same shall be completed then and from
thence forth none of the statutes of England or of Great Britain shall
operate or be considered as laws of this State.
And be it fart/ter enacted by the az-ct/zority aforesaid, That when all
such of the said statutes so to be collected and reduced into proper
forms shall be enacted into laws of this State and all such acts of the
late Colony as shall by the legislature be deemed proper and shall be so
enacted as aforesaid ‘then ‘the said Samuel jones and Richard Varick
Esquires shall collect revise and digest all the laws of this State then
in force passed by the legislature thereof since the revolution, and pre-
pare the same for the press, to be printed in so many volumes as the
said Samuel jones and Richard Varick Esquires shall deem proper, and
they are hereby directed to cause to be inserted in the said work the
title of all acts that shall have been passed by the legislature of this
State, and to distribute each act into one chapter, and to subdivide each
act into sections, and abstract the substance of each section on the
margin and distinguish and note in the margin which of the said acts
were temporary and whether expired, revived or repealed, and when ;
and to examine and correct the press; and to make an index and table
to each volume of all the principal matters contained therein, alphabet-
ically digested, with reference to each matter in every act, section and
page ; and to make references from one act to another where the mat-
ter in one act may have relation to any principal matter in another.
And be it fzcrt/zer enacted by tile ant/torily aforesaid, That it shall and
may be lawful to and for the said Samuel jones and Richard Varick
Esquires to cause only the titles of such acts as shall not then be in
force to be printed, noting on the margin when such act expired or was
repealed.
And be it fzcrt/zer enacted by tice aatborizyaforesaid That the said
Samuel jones and Richard Varick Esquires shall be, and they hereby
are allowed the space of two years to complete the said work; and shall
respectively be allowed for the same, at and after the rate of four hun-
dred pounds for every year.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That it shall and
may be lawful for the said Samuel jones and Richard Varick Esquires
and they are hereby authorised to cause the said work to be printed on
the best paper in large folio, and with the usual types for such work ;
and to agree with a printer to do the said work on such terms and for
such consideration as they may think ﬁt. And further that such printer
shall deliver at least three hundred copies of the said work completely
bound in calf skin to the treasurer of this State, to be by him retained
subject to the future order of the legislature.
And be it fart/ter enacted by tile ant/zority aforesaid, That when such
printer shall produce to the treasurer of this State a certiﬁcate from the
said Samuel jones and Richard Varick Esquires certifying that the
work undertaken by the said printer is faithfully performed according
to the agreement made with such printer, and specifying the sum due
to such printer according to such agreement, it shall and may be lawful
to and for the treasurer of this State to pay such printer such sum so
due for the said work, out of any monies in the treasury, not otherwise
specially appropriated.
And be it fart/ter enacted by t/ze antbority aforesaid, That the said
Samuel jones and Richard Varick Esquires shall and may from time to
time have access to and be permitted to examine any of the records
books or papers in any of the public ofﬁces of this State, without fee
or reward.
CHAP. 37.] NINTH SESSION.
249
CHAP. 36.
AN ACT to alter the mode of making assessments in Dutchess
county.
PASSED the 15th of April, 1786.
Be 2'! e/zaez‘ed by Z/ze People of Z/ze Slate 0f New York, represem‘ea’ 2'72
Se/zrzz‘e and Assemely, and it is /zere&y enacted by t/ze auZ/zerz'ty 0f Z/ze same,
That the sixth section of an act, entitled an act to divide Dutchess
county into precincts, and to repeal the act therein mentioned, and the
act entitled, An act directing when the supervisors and assessors of
Dutchess county shall meet, shall be and hereby are repealed so far
forth as the same or either of them relate to the meeting of the asses-
sors. And further that it shall be lawful for the assessors of the respec-
tive precincts in the said county to meet in the precincts for which they
are respectively elected assessors, to make assessments for raising the
necessary and contingent charges of the said county apportioned to
such precinct, in the same manner as the other taxes in the same county
are raised and levied.

CHAP. 37.
AN ACT for the relief of Henry Rutgers and others.
PASSED the 15th of April, 1786.
In compliance with an act of the United States of America in Con-
gress assembled of the second day of June one thousand seven hundred
and eighty ﬁve
Be it enaez‘ed éy t/ze Peeple of ﬁre State of New Yer/e, represem‘ed in
Se/zezz‘e and Assembly, and 2'1‘ 2'5 Izerelly eizczez‘e/z’ éy Z/ze azef/zorz'z‘y 0f the same,
That it shall and may be lawful for the auditors appointed to liquidate
and settle the accounts of the troops of this State in the service of the
United States to settle with Henry Rutgers late deputy muster master
general and muster master in the army of the United States ; Richard
Lush and Jacob John Lansing late deputy muster masters in the said
army, by allowing them What their arrears of pay and years advance
was worth in specie at the time they respectively became due, agreable
to the said act of Congress, and grant to them certiﬁcates for the Same,
which certiﬁcates shall be received in payment for lands and be paid in
like manner as certiﬁcates granted to the troops in the late line of
this State in the said army of the United States for the depreciation of
their pay are received and paid.
VOL. 2. ——32
Assessors,
meeting of,
Dutchess
county.
Henry Rut-
gers et al.,
settlement
of ac-
counts of.
2
LAWS OF NEW YORK. [CHAR 38.
Preamble.
Commis-
sioners to
audit and
divide ex-
penses of
settling
dispute of
title of
lands be—
tween pro-
prietors of
patents of
Waway-
anda and
Cheese-
cocks;
Waway-
andas
share.
Notice of
apportion-
ment to be
published;
when not
CHAP. 38.
AN ACT to explain and amend an act, entitled “An act to settle
and ﬁnally establish the line or lines of division between the
patents of Wawayanda and Cheescocks in the county of
Orange,” passed the 17th March 1783.”
PASSED the 17th of April, 1786.
\VHEREAS it was in and by the said act enacted, that one half part of
all expences, costs and charges, that should accrue in ﬁxing and ascer-
taining the said line or lines, or respecting the execution of the powers
given by the said act, should be paid by such of the said proprietors of
\Vawayanda, as were interested in the lands disputed between the said
patents of \Vawayanda and Cheescocks. And w/zereas a committee was
by the said act appointed for the said proprietors of Wawayanda to
manage their claims to the said disputed lands. And w/zereas the com-
missioners who were to be elected by virtue of the said act, were author-
ized to audit all the accounts against the said proprietors of Wawayanda,
and to adjudge and determine the particular sum with which each of
the said proprietors of Wawayanda, were chargeable towards the pay-
ment of the said accounts. And whereas the said patent of W awayanda
has, many years ago, been divided into thirteen original rights, which
formerly did belong to John Bridges, Lancaster Symes, John Cholwell,
John Merritt, Cornelius Christianse, Dirck Van Denbergh, Daniel
Honan, Peter Mathews, Benjamin Ask, Hendrick Teneyck, Philip
Rokeby, Christopher Denn and Samuel Staats. And as it is not in the
power of the said commissioners to determine, who are the present pro-
prietors of the said thirteen original rights it is impossible to perform
what is required of them, in and by the said act. Therefore
Be it enacted ﬁy t/ze People of t/ze State of New Yor/e represented in
Senate and Assenzﬁiy, and it is ﬁereﬁy enacted ﬁy t/ze antﬁority of t/ze same,
That the said commissioners or the major part of them, after they shall
have audited the said accounts, shall divide the whole amount of them,
into thirteen equal parts, and each of the said original rights, shall be
chargeable with one of those parts. And in case the proprietors of the
said thirteen original rights or any of them shall refuse or neglect to
pay their respective proportions of the money chargeable on the same
to the said committee of Wawayanda or one of‘ them at the time to be
appointed by the said commissioners or the major part of them, it shall
then be lawful for the said committee or the major part of them, or the
survivors or the survivor of them or the major part of such survivors,
to sell so much of the lands tenements and hereditaments in the balloted
lots of such proprietor or proprietors, whose proportions of the said
audited accounts shall remain unpaid, as shall be necessary, to pay his
her or their respective proportions of the sum of money chargeable in
the original right under which his her or their title is derived, together
with the charges of such sale, and every sale of such lands tenements
and hereditaments, shall convey as good an estate and title to the pur-
chaser, as the proprietor or proprietors held in the same, at the time of
making such sale.
And ﬁe it enacted ﬁyt/ze ant/zority aforesaid, That the said committee
or the major part of them or the survivors or survivor of them, or of
the major part of such survivors, shall advertise in one or more of the
public newspapers of this State, the particular sum of money with which
CHAP. 38.] NINTH SESSION. 251
each of the said thirteen original rights will be chargeable, and sha-- paiddands
give notice to the said proprietors to pay their respective proportions of to be s d’
the said sum by a certain day to be ﬁxed as aforesaid, at the distance
of at least eight weeks from the date of the said advertisement, other-
wise that so much of the lands in the ballotted lots belonging to such
of the said proprietors, who shall neglect to pay their respective propor-
tions, will be sold at public vendue as will be necessary to discharge the
said respective proportions of such defaulters with the charges attend-
ing the sale. Which vendue shall be held at the house of jonathan
Archer, near Sugar Loaf in the said county of Orange on a day also to
be ﬁxed by the said commissioners or the major part of them, and men-
tioned in the said advertisement, any law to the contrary notwithstand-
ing.
And w/zereas the committee appointed to manage the claims on the
part of the proprietors of Cheesecocks, have by their petition prayed
that the said commissioners may be authorized and impowered, to audit
and settle all the accounts of the expences, costs and charges that have
accrued or arisen in the management of the said controversy on the
part of the said patent of Cheesecocks. A7207 w/zereas the said patent of
Cheesecocks was many years ago divided into seven original rights,
which did formerly belong to Anne Bridges, Hendrick Ten- Eyck, Dirck
Van Denburgh, john Cholwell, Christopher Denn Lancaster Symes and
John Merritt, being the original grantees named in the said letters patent.
Be ii‘farz‘lzer mated by z‘lze aal/zorizy aforesaid, That the said commis- Id-; share
. . - of expense
sioners or the major part of them shall, and are hereby full authorized chargeable
and impowered, to audit and settle all the said accounts of the costs charges and expences against the said proprietors of Cheesecocks, and cooks.
shall allow interest if demanded, for every sum of money that hath been,
or may be advanced by the said committee or any one of.them, in the
management of the said controversy on the part of the proprietors of
the said patent of Cheesecock, and after the said commissioners or the
major part of them shall have audited and settled the said accounts,
they or the major part of them shall divide the whole amount thereof
into seven equal parts, and that each of the said original rights shall be
chargeable with one seventh part of the said whole amount. And in
case the proprietors of the said seven original rights or any of them,
shall neglect or refuse to pay their respective proportions of the money
chargeable on the same, to the said committee of Cheesecocks or one
of them at the time to be appointed by the said commissioners or the
major part of them, it shall and may be lawful for the said committee or
the major part of them or the survivors or survivor of them or the
major part of such survivors, to sell so much of the lands tenements and
hereditaments of such proprietor or proprietors, whose proportion of the
said audited accounts shall remain unpaid as shall be necessary to pay
his her or their respective proportions of the sum of money chargeable
on the original right under which his her or their title is derived together
with the charges of such sale, and every sale of such lands tenement and
hereditaments shall convey as good an estate and title to the purchaser
and purchasers, as the proprietor or proprietors held in the same at the
time of making such sale.
And be ii‘ farz‘lzer eizaei‘ed by i/ze aal/zoriz‘y aforesaid, That the said Notioepf
committee or the major part of them or the survivors of them, or the 355;?“
major part of such survivors, shall advertise in one or more of the public when not
- - _ - - paid, lands
news papers of this State, the particular sum of money with which each to be sold,
of the said seven original rights will be chargeable, and shall give notice
to the said proprietors to pay their respective proportions of the said
252
LAWS OF NEW YORK. [CHAR 39.
Suffolk
county,
drawing of
seines and
nets pro-
hibited
during
times speci-
ﬁed; pen-
alty.
Possession
or selling
ﬁsh deem-
ed evi—
dence of
guilt.
Possession
of nets
deemed
evidence
of guilt.
sum by a certain day to be ﬁxed as aforesaid, at the distance of at least
eight Weeks from the date of the said advertisement otherwise that so
much of the lands belonging to such of the said proprietors, who shall
neglect to pay their respective proportions, will be sold at public vendue
as will be necessary to discharge the said respective proportions of such
defaulters with all the charges attending the sale, which vendue shall be
held at the house of loseph Drake at Chester in the county of Orange
on a day also to be ﬁxed by the said commissioners or the major part
of them, and to be mentioned in the said advertisements, any law to the
contrary notwithstanding. Provided always that where any of the pres-
ent or former proprietors or owners of any or either of the said shares
of the said patent of Cheesecocks have sold and conveyed any part of
the same share to any person or persons in severalty, then and in such
case, no part of such land so sold and conveyed in severalty, shall be
sold by virtue of this act.
CHAP. 39
AN ACT to prevent the destruction of ﬁsh‘ in the county of
Suffolk.
PASSED the 17th of April, 1786.
WHEREAS the ﬁsh in the bays rivers and creeks in the county of
Suffolk are greatly diminished by reason of the inhabitants ﬁshing with
long seins or nets in the winter season, to the great damage of the
inhabitants of the said county, and of the public in general, therefore to
prevent the same for the future.
Be it enacted by t/ce People of t/ze State of New York represented in
Senate and Assembly, and it is bereby enacted by t/ze ant/zoritv of tbo same,
That if any person or persons after the passing of this act, shall draw
any sein or net of any length whatever, or set any sein or net more than
six fathom in length, or with marshes less than three inches square, from
the ﬁrst day of December to the ﬁrst day of April in any year, in any
of the bays rivers creeks or waters in the said county, such person or
persons shall for every offence, forfeit the sum of ﬁfty pounds, with costs
of suit, to be recovered in any court of record within this State, by any
person or persons who will sue for the same, the one half of the forfeit-
ure when recovered, to belong to the prosecutor or prosecutors, and the
other half to be paid to the treasurer of the said county, to be disposed
of by the supervisors towards defraying the public expences of the said
county.
Be it fart/cer enacted by t/ze ant/zority aforesaid, That if any person or
persons within the said county, shall be discovered to have in his or
their possession any quantity of ﬁsh, or to have sold or disposed of any
quantity of ﬁsh, from the ﬁrst day of December to the ﬁrst day of April
such person or persons shall be deemed guilty, and suffer the same pen-
alty as aforesaid, to be recovered and applied as above directed by this
act, unless such person or persons can bring sufﬁcient proof, that he or
they became possessed of or caught them otherwise than by such seins
or nets as are prohibited by this act.
And be it fart/ter enacted by t/ze aut/zority aforesaid, That if any per-
son or persons shall carry any sein or seins, net or nets in any ﬁshing
craft in any of the bays rivers or creeks in the said county, other than
the short seins or nets afore described, from the ﬁrst day of December
CHAP. 40;] NINTH SESSION. 253
to the ﬁrst day of April in any year, and shall be convicted thereof such
person or persons shall for each offence forfeit the sum of ﬁve pounds,
to be recovered by any person or persons who will sue for the same,
with costs of suit, before any of the justices of the peace of the said
county, to be disposed of as the other forfeitures by this act are directed.
CHAP. 40.
AN ACT for emitting the sum of two hundred thousand pounds ,
in bills of credit for the puposes therein mentioned.
PASSED the 18th of April, 1786.
WHEREAS from the distresses occasioned by the late calamitous war
the inhabitants of this State labour under great difﬁculties for want of
a sufﬁcient circulating medium.
I. Be it enaetea’ fly the People 0f t/ze State of New Yer/e represented in Bills_of
Senate and Assembly, (Z7Zll7 it is hereby etzaetea’ ﬁy t/ze azzt/zerz'ty of ﬁre same, gggilgggnt
That bills of credit to the value of two hundred thousand pounds cur- gf IfQOOﬁQg
rent money of New York forthwith after the passing hereof be printed tgdf” em‘
as follows (vizt.) Six thousand bills each of the value of ten pounds
four thousand bills each of the value of ﬁve pounds six thousand bills
each of the value of four pounds ten thousand bills each of the value of
three pounds ten thousand bills each of the value of two pounds twenty
four thousand bills each of the value of one pound twenty thousand bills
each of the value of ten shillings and forty eight thousand bills each of
the value of ﬁve shillings upon which bills shall be impressed the arms
of the State of New York on the right side of every of the said bills;
and the said bills shall be in the words following By a law of the State
of New York this bill shall be received in all payments into the treasury
for New York the day of , one thousand seven hun-
dred and eighty six. \Vhich bills shall be numbered by Evert Bancker,
Henry Remsen Jonathan Lawrence John De Peyster and William Heyer
and signed by any two of them and shall by such signers be delivered
to the treasurer of this State.
II. Ana’ be it fart/ter enacted ey t/ze aat/zorz'tv aforesaid That the said Printing of
- - ' - bills; oath
signers are hereby directed and empowered upon the delivery to them ofaprinter.
of the said bills by the printer thereof to administer to him and he is
hereby directed to take an oath in the words following I do
solemnly swear and declare that from the time the letters were set and
ﬁt to be put in the press for printing the bills of credit now delivered by
me to you, until the bills were printed, and the letters afterwards dis-
tributed into the boxes I went at no time out of the room in which the
said letters were without locking them up so as they could not be come
at without violence a false key or other art unknown to me, and there-
fore, to the best of my knowledge, no copies were printed off but in my
presence, and that all the blotters and other papers whatsoever impressed
by the said letters Whilst set for printing the said bills, to the best of my
knowledge are here delivered to you together with the stamps; and in
all things relating to this affair I have well and truly demeaned myself
according to the true intent and meaning of the law in that case made
and provided to the best of my knowledge and understanding, so help
me God. Which printer shall have a copy of this oath at the time he
LAWS OF NEW YORK. [CHAR 40.
Engraving
of stamps
and coat
of arms to
be printed
on bills.
gets orders to print the said bills that he may govern himself accord-
ingly ,oro'oided always that if any unforseen accident happens, such prin-
ter may have liberty to make an exception thereof in such oath declaring
fully how such accident happened. And if any more of the said bills
are printed than by this act is directed when the said Evert Bancker,
Henry Remsen Jonathan Lawrence John De Peyster and William Heyer
or any two of them, have signed the number hereby directed to he issued
they shall immediately destroy all the remainder.
III. And ﬁe it enacted ﬁy t/ze ant/zority aforesaid That such person as
the major part of the said signers of the said bills of credit shall agree
with shall engrave according to the directions he shall receive from the
majority of the said signers so many stamps for the sides of the said bills
and for the arms of this State as the majority of the said signers shall
deem necessary and shall deliver them to the treasurer who shall in the
presence of the majority of the said signers deliver them unto Samuel
Loudon printer, and take his receipt for the same: And when the said
Samuel Loudon has ﬁnished and completed printing the bills hereby
directed to be struck and issued he shall re-deliver the said stamps to
the said signers who are hereby directed and required to seal them up
with their several seals, and to deliver them to the treasurer who shall
deposit the same in the treasury of this State there to remain until they
shall be ordered to be made use of by any future act of the legislature
and the receipt of the said treasurer to the said signers shall be a sufﬁc-
ient discharge for such delivery but in the case of the death, sickness or
‘ inability of the said Samuel Loudon to print the said bills, then the
Oath to be
taken by
signers.
Distribu—
tion of bills
to loan
ofﬁcers.
New York.
Albany.
Kings.
Queens.
Suﬂ’olk.
Richmond.
West-
chester.
Dutchess.
majority of the said signers shall appoint another printer for the service
aforesaid in his place which printer so appointed shall take the oath as
above directed.
IV. And ﬁe it enacted ﬁy t/ze ant/zority aforesaid That before the said
signers do receive any of the said bills they shall (before any of the
magistrates of the city of New York) respectively take an oath or (if
of the people called Quakers) afﬁrmation well and truly to perform
what by this act they are enjoined as their duty and that they will not
knowingly sign more bills of credit than such as are directed by this
act.
V. And ﬁe it fnrt/zer enacted ﬁy t/ze ant/writ] aforesaid That the said
treasurer shall, out of the bills of credit so signed and mumbered as
aforesaid 'deliver to the loan ofﬁcers herein after mentioned on produc-
ing the certiﬁcates of qualiﬁcations herein after directed the sums and
quota’s following to wit.
To the loan ofﬁcers of the county of New York, to and for the pur-
poses herein after mentioned the sum of thirty two thousand pounds.
To the loan ofﬁcers of the county of Albany to and for the purposes
herein after mentioned the sum of twenty two thousand pounds.
To the loan ofﬁcers of Kings county to and for the purposes herein
after mentioned the sum of four thousand ﬁve hundred pounds.
To the loan ofﬁcers of Queens county to and for the purposes herein
after mentioned the sum of eleven thousand ﬁve hundred pounds.
To the loan ofﬁcers of Suffolk county to and for the purposes herein
after mentioned the sum of ten thousand pounds.
To the loan ofﬁcers of Richmond county to and for the purposes
herein after mentioned the sum of four thousand ﬁve hundred pounds.
To the loan ofﬁcers of West Chester county to and for the purposes
herein after mentioned the sum of nine thousand ﬁve hundred pounds.
To the loan ofﬁcers of Dutchess county to and for the purposes herein
after mentioned the sum of seventeen thousand pounds.
CHAP. 40.] NINTH SESSION.
255
To the loan officers of Orange county to and for the purposes herein
after mentioned the sum of ten thousand pounds.
To the loan ofﬁcers of Ulster county, to and for the purposes herein
after mentioned the sum of fourteen thousand pounds. '
To the loan ofﬁcers of Montgomery county to and for the purposes
herein after mentioned the sum of twelve thousand pounds.
To the loan ofﬁcers of the county of Washington to and for the pur-
poses herein after mentioned the sum of three thousand pounds.
For which respective sums, the said loan ofﬁcers respectively shall
give receipts to the said treasurer indorsed on the clerks certiﬁcate herein
after directed: which receipts shall be to the said treasurer, his execu-
tors and administrators, a sufﬁcient discharge if otherwise he has well
and truly performed the duty enjoined by this act.
VI. And be it fzcrl/z'er enacled by ﬁle azci/zoriz‘y aforesaid, That before
the said loan ofﬁcers do respectively enter upon their said ofﬁce, every
of them shall give bond to the people of the State of New York, with
such sufﬁcient security,‘ as shall be approved of by one or more of the
judges of the inferior court of the county together with a majority of
the supervisors of the same county, and in the city of New York, by
any one, or more, of the judges of the supreme court, signiﬁed, by
signing such his, or their approbation on the back of the said bond,
which bond shall be in the full sum by this act committed to his charge,
with condition for the true and faithful performance of his ofﬁce and
duty and that without favor malice or partiality.
VII. And be if farz‘lzer enacted by i/ze azcl/zorizfy aforesaid That each
loan ofﬁcer respectively shall take the following oath, or if of the people
called Quakers afﬁrmation (vizt.) “ I will according to the best
of my skill and knowledge, faithfully, impartially, and truly, demean
myself in discharge of the trust committed to me as one of the loan
ofﬁcers for the of by the act entitled “ An act for emit-
ting the sum of two hundred thousand pounds in bills of credit for the
purposes therein mentioned, according to the purport, true intent and
meaning of the said act, so as the public may not be prejudiced by my
consent privity or procurement” which oath or afﬁrmation shall be
admistered by any justice of the peace and indorsed on the back of the
said bond and signed by such justice and the loan ofﬁcer.
VIII. And be it farl/zer enacted by z‘lze azci/iorily aforesaid, That the
aforesaid bond indorsed with the approbation and afﬁdavit or afﬁrma-
tion aforesaid shall be lodged with the clerk of the county, who upon
receipt thereof shall give the loan ofﬁcer a certiﬁcate that such bond
indorsed as aforesaid is lodged with him which certiﬁcate shall be
delivered to the said treasurer on his delivering to the loan ofﬁcer the
bills of credit aforesaid; which bond and indorsements shall be recorded
by the clerk, and in case of the forfeiture of the same bond the majority
of the supervisors with any one or more of the judges of the inferior
court of such county are hereby impowered to order the same to be put
in suit; and the monies recovered by virtue thereof shall be applied to
the use of the county.
IX. A 22d be it furl/zer enacted by z‘lze aal/zorily aforesaid That on the
second Tuesday in May next the judges of the inferior courts, or any
one or more of them, together with the supervisors (or the majority of
them) of the several counties respectively of this State, shall meet at
the court house of the counties respectively, or if there be no court
house in any county at the place at which the inferior court of common
pleas has been held the term next preceding the passing this act at
which place the majority of them shall elect two sufﬁcient freeholders
Orange.
Ulster
Mont-
gomery.
Washing-
ton .
Loan
ofﬁcers
to give
security.
Oath to be
taken by
loan
ofﬁcers.
Bond to be
ﬁled in
ofﬁce of
county
clerk.
Loan ofﬁ-
cers, when
and where
to meet.
LAWS OF NEW YORK. [CHAR 40.
Loan ofﬁ-
cers to be
bodies
politic,
may sue,
etc.
Loan ofﬁ—
cers to let
outthe
bills of
credit on
loan on
mortgage.
Examina—
tion of
title; oath
to appli-
cants for
loans.
Loans to
be made
on prop-
of their respective counties to be loan ofﬁcers for the same county, ex-
cept in the county of Orange in which county such meeting shall be at
the court house in the new city.
X. And be it fart/cer enacted by t/ze azctkorizy aforesaid, That the loan
ofﬁcers of the several counties, when elected appointed and qualiﬁed
according to the directions of this act, shall respectively be bodies
politic and corporate in fact and in law, by the name and stile of the
loan ofﬁcers of the county of which they are respectively loan ofﬁcers
with full power to every the said bodies politic, to use a common seal,
and by the same seal and in the name of such body politic, to grant
receipts, receive mortgages, and again to grant the same, to sue and be
sued, and generally with all such powers as are necessary to be used for
the due execution of the trust reposed in the said. loan-ofﬁcers by this
act; any law, usage, or custom, to the contrary in any wise notwith-
standing. /
XI. And be it fart/cer enacted by t/ce azct/zority aforesaid, That when
the said loan ofﬁcers respectively have qualiﬁed themselves as by this
act is directed, they shall receive the said bills of credit signed by two
of the said signers which bills of credit so signed, shall be let out to
such as shall apply for the same, and can and will give security to the
said loan ofﬁcers, by mortgage on lands lots or houses lying in the same
county; they the said loan ofﬁcers ﬁrst giving public notice (as inlother
cases is by this act directed for notice) and by advertizement to be pub-
lished'in one of the newspapers printed in this State that on a certain
day at least ten days after the said notice given they will be ready to
receive borrowers qualiﬁed according to the directions of this act:
And as on that day borrowers do offer, their names and sums they apply
for shall be orderly entered in the minute book of proceedings; and
every one shall be served according to the priority of application, if
there be no reasonable objections against the title and value of the lands
offered to be mortgaged, or some other sufﬁcient reason, which shall be
entered also in the minute book of proceedings. Provided always that
if upon the ﬁrst day so many borrowers do offer as to apply for a greater
sum than the whole sum in that county to be lent out; then, and in
such case every such borrower shall be abated of the sum applied for
proportionably.
XII. And be it fart/ter enacted by t/ze aat/zority aforesaid That the
said loan ofﬁcers respectively before they accept of any lands, lots or
houses in mortgage for any of the said bills, shall ﬁrst view, what is so
offered in mortgage, or make due enquiry respecting the value thereof,
and shall examine the titles thereto, by perusing the deeds, patents, sur—
veys, and other writings and conveyances by which the same are held,
and by which the value and quantity may be better known; and the
said loan ofﬁcers respectively, are hereby empowered, and required to
administer to all persons applying for any of the bills as aforesaid, the
following oath or (if of the people called Quakers) afﬁrmation to wit,
“I am bona ﬁde seised in fee simple of the lands tenements
and hereditaments, by me now offered to be mortgaged, in my own
right, and to my own use, and the same were not conveyed to me in
trust, to borrow any sum or sums of money upon the same, for the use
of any other person or persons whatsoever ; and the said premises are
free and clear from any other or former gift, grant, sale mortgage judg-
ment, extent, recognizance or other incumbrance whatsoever, to my
knowledge.
XIII. And be it fart/cer enacted by t/ze azctkority aforesaid, That the
loan ofﬁcers of the said counties respectively, upon ﬁnding borrowers
CHAP. 40.] NINTH sEssIoN.
257
qualiﬁed, and the loan ofﬁcers being satisﬁed as aforesaid, are hereby erty Worth
required, and by virtue of this act, have full power, to lend out the s
bills delivered to them as aforesaid at the interest of ﬁve per cent per
annum for the term of fourteen years from the third Tuesday in June
next to come, in sums not exceeding three hundred and not under
twenty pounds, (unless the proportion as aforesaid be less) to any one
person the said loan ofﬁcers, taking security for the same by way of
mortgage as aforesaid of at least double the value in lands tenements
and hereditaments; and of at least three times the value in houses
within the said respective counties, and administering an oath or afﬁrma-
tion to the borrower as aforesaid, and the said mortgage shall be exe—
cuted before two or more witnesses signing thereto, and the substance
thereof shall be minuted in a book to be by the said loan ofﬁcers kept
for that purpose in each respective county, for the making of which
mortgage and minute the borrower shall pay to the said loan ofﬁcers
the sum of four shillings and no more; which mortgage and minute
shall be and each of them are hereby declared to be matter of record;
and an attested copy of the said mortgage, if in being, or of the said
minute in case the said mortgage is lost, under the hands of the said
loan ofﬁcers and the seal of the loan ofﬁce shall be good evidence of
the said mortgage in any court within this State.
0L1 6
um loaned
XIV. Ana’ ﬁe z't fart/lee eaaetea’ 5y t/ze aut/zerz'ty aferesaz'd That the Interest on
interest of the money lent out as aforesaid shall be payable yearly on the
loans,when
payable;
third Tuesday of June to the loan‘ ofﬁcers; and the principals of all the Principal-
monies lent out as aforesaid shall be paid in again in the following
manner; that is to say, one tenth part of the principal money on the
third Tuesday of June which will be in the year of our Lord one thou-
sand seven hundred and ninety one; one other tenth part thereof on
the third Tuesday of June which will be in the year of our Lord one
thousand seven hundred and ninety two; one other tenth part thereof
on the third Tuesday of June which will be in the year of our Lord
one thousand seven hundred and ninety three; one other tenth part
thereof on the third Tuesday of June which will be in the year of our
Lord one thousand seven hundred and ninety four; one other tenth
part thereof on the third Tuesday of June which will be in the year of
our Lord one thousand seven hundred and ninety ﬁve; one other tenth
part thereof on the third Tuesday of June which will be in the year of
our Lord one thousand seven hundred and ninety six; one other tenth
part thereof on the third Tuesday of June which will be in the year of
our Lord one thousand seven hundred and ninety seven; one other
tenth part thereof on the third Tuesday in June which will be in the
year of our Lord one thousand seven hundred and ninety eight; one
other tenth part thereof on the third Tuesday of June which will be in
the year of our Lord one thousand seven hundred and ninety nine;
and the remaining tenth part thereof on the third Tuesday of June
which will be in the year of our Lord one thousand eight hundred.
And the respective loan ofﬁcers at the lending the money are hereby
required to take the Security or the same accordingly; and the said loan
ofﬁcers for every sum paid to them shall give to the person paying the
same a receipt, and shall enter one minute of the same payment, on the
back of the mortgage and another minute thereof in the books of
accounts by them to be kept, and that without any fee or reward; but
if the. borrower his heirs executors, or administrators shall see cause to
pay in, a fourth or half part or three quarters or the whole of the prin-
cipal due to the said loan ofﬁcers on any third Tuesday of June before
the said third Tuesday of June one thousand eight hundred the said
VOL. 2.—33
258
LAWS OF NEW YORK. [CHAR 4o.
Vacanc in
ofﬁce 0
loan ofﬁ-
cer, ﬁll-
ing of.
Resigna—
tion of loan
oﬂicer.
loan ofﬁcers are hereby required and empowered to receive the same
on the said third Tuesday of June annually, and no other day of the
year, unless so many do offer payment on that day that the said loan
ofﬁcers cannot within the day receive the whole, and in that case, they
are to continue to receive until all who on that day offered have paid
the monies so offered; or unless he brings along with him another suf-
ﬁcient borrower to give new security to the satisfaction of the loan
ofﬁcers for the whole of the money by him paid in; and in that case
the loan ofﬁcer shall accept thereof on any of their stated days of meet-
ing; and when the whole principal and interest is paid, the said loan
ofﬁcers shall (if required) give the party paying a release of the mort-
gage given by the borrower and shall tear off the name and seal, and
make an entry in the margin of the mortgage and in the margin of the
minute made thereof, that on such a day, and year; such release was
made, for which release, the releasee shall pay the sum of two shillings,
and no more, and when any parts of the principal are paid in as afore-
said before the said third Tuesday of June one thousand eight hundred,
the loan ofﬁcers shall at the end of that meeting compute the whole of
the principal so paid in, and give public notice of the amount thereof '
by advertisements set up, and that they are ready to lend the said mon-
ies to such persons as shall appear to be qualiﬁed according to the
directions of this act to borrow the same; and in the lending and tak-
ing security shall conform themselves (as near as the circumstances of
the case can admit) to the directions herein before prescribed, and if
any monies shall remain in their hands, for want of borrowers, they
shall set up advertisements of the amount thereof and continue to do
'the like, at the end of every of their stated meetings.
XV. And ﬁe it further enacted ﬁy t/ze ant/zorizj/ aforesaid That in case
any loan ofﬁcer shall remove out of the county, die or neglect or refuse
to perform the duty required or enjoined him by this act, or shall
behave himself in his ofﬁce with favor, affection partiality or malice,
whereby the public, or any private person may be injured; upon report
or complaint made thereof to any two or more of the judges aforesaid
of the county for which he is loan ofﬁcer the said judges are hereby
required and commanded by summons to convene the judges and super-
visors of the same county, to meet at such time and place, as in the
said precept 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 refusal in the said ofﬁce as aforesaid,
then and in that case the said majority of the supervisors, with concur-
rence of one or more of the judges aforesaid, shall proceed in manner
as herein before directed to elect and are hereby required and com-
manded to elect a loan ofﬁcer in the room and stead of such deceased
or absent person, or such person who shall have neglected or refused
as aforesaid, which loan ofﬁcer so elected as aforesaid having entered
into bond and been qualiﬁed in like manner as other loan ofﬁcers, are
by this act directed, shall then have all the powers priviledges and advan-
tages, and shall be subject to all the penalties, and forfeitures, which
any of the loan ofﬁcers of the county as aforesaid, are vested or charged
with, entitled or subject to, by virtue of this act.
XVI. And ﬁe it further enacted ﬁy the authority aforesaid, That if any
of the loan ofﬁcers hereafter to be elected shall desire to be discharged
off and from the said ofﬁce any one or more of the judges aforesaid
shall and may upon application of such loan ofﬁcer for that purpose
issue his or their precept to summon the ‘ judges aforesaid and supervi-
caxp. 40.] NINTH SESSION. 2559
sors to meet at a day and place, in the said precept mentioned ; to whom
when met the said loan ofﬁcer shall produce or render an account of
his proceedings in his said ofﬁce; and if it appear upon examination
to a majority of the said judges and supervisors that the said loan ofﬁ-
cer, 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 off and from his said ofﬁce,
and another ﬁt person shall be by them elected to supply his place who
shall take the same oath, or afﬁrmation, give the like security, be sub-
ject to the like penalties, restrictions and regulations, and receive the
same salaries and advantages as the other loan ofﬁcers for that county
by virtue of this act, are liable, subject or intitled unto.
XVII. And be it fzcrt/zer enacted by t/ze azct/zority aforesaid, That when Person
a loan ofﬁcer shall be chosen and qualiﬁed, as herein is directed in the i‘é’gglégggy
place of a former loan ofﬁcer, such former loan ofﬁcer his executors or to receive
administrators, shall, upon demand, deliver to the new loan ofﬁcer $15332?"
chosen in his place, and qualiﬁed as aforesaid all the monies, books, and @3801‘-
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 ofﬁ-
cer, 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.
XVIII. And be it fzcrt/zer enacted by t/ze azit/zority aforesaid, That if Whereber-
any borrower shall neglect to bring in and pay, or cause to be brought l'g’glg‘gonﬁi;
.in_ and paid yearly and every year on the third Tuesday in june or gj'iilllligzlst,
within twenty two days thereafter, on one of the days, which the loan loan oin-
ofﬁcers aforesaid are by this act directed to attend the respective loan ggfgetgb'ggj
ofﬁces, the yearly interest due by his mortgage, and also the part of the lute pos-
- - - - - sessors of
principal as it becomes payable, then, and in either of these cases, the time.
loan ofﬁcers to whom such mortgage was granted shall be seised of an
absolute indefeazible estate, in the lands, houses, tenements and here-
ditaments 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 practice in
courts of equity, to the contrary notwithstanding.
XIX. And be it fart/zer enacted by t/ze azct/zority aforesaid, That the Loan
loan‘ ofﬁcers shall respectively attend the loan ofﬁce every year to receive $533853
the monies by this act directed to be paid to them upon the third Tues- days Speci-
day of june and thereafter on the Tuesday in each week for the term
of three weeks.
XX. And be it fart/ier enacted by t/ze azct/iority aforesaid, That the loan Notice of
8'80
ofﬁcers shall within eight days after the last of the Tuesdays aforesaid lands for
yearly and every year cause advertisements to be ﬁxed at not less than default (‘if
three of the most public places, in three or more towns, precincts or paymen '
districts, of the county where the premises are situated, describing 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 bidder.
XXI. And be it fzcrt/zer enacted by t/ze azct/zority aforesaid, That the Sale of
loan ofﬁcers of the respective counties aforesaid, shall on the said third gae‘if‘iﬁft‘fr
Tuesday of September yearly, expose the lands in the mortgages fore-
closed as aforesaid, to sale at public vendue ; and upon such sale shall
convey the said lands to the highest bidder, or bidders, and the pur-
LAWS OF NEW YORK. [CHAP. 4o.
Disposition
of proceeds
of sale.
Proceed-
ings where
title of
borrower
fails.
chaser or purchasers shall and may hold and enjoy the same lands for
such estate as was conveyed to the said loan ofﬁcers by the mortgage
executed by such mortgagor clearly discharged and freed from all ben-
eﬁt 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 fart/cer enacted by t/ze ant/torily aforesaid, That the
money for which the premises are sold, shall upon the sale thereof be
paid to the said loan ofﬁcers, out 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 sale had not been made, as also the expence of the
advertizements, and of the sale, such expence not exceeding ﬁfteen shil-
lings and the remainder (if any be) the loan ofﬁcers shall pay to the
mortgagor, 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 or sums, that is, or
are to be paid by him, and lent out again, and if the loan ofﬁcers be
satisﬁed with the security 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 ofﬁcers 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 fart/cer enacted by t/ze ant/torily aforesaid That after
any lands houses tenements or hereditaments, are mortgaged according
to the directions of this act, if it shall appear to the loan ofﬁcers, upon
good and sufﬁcient 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 loosing the
Counter-
feiting bills
of credit
a felony.
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 executors or administrators and the same to
prosecute to judgment by all lawful ways and means whatsoever in any
court of record for the recovery of the whole monies lent upon the
mortgages and the interest become due and that shall become due until
the third Tuesday of june next following the judgment, with costs and
charges in which action or actions the mortgagor shall be held to special
bail and the court in which such action is brought, is, and the judges
thereof in vacation are hereby authorized and directed to give such
short day for the rules of pleading thereon, that judgment or a trial and
ﬁnal determination may be had the ﬁrst court after the court at which
the defendant ﬁrst appeared to the same action.
XXIV. And be it fart/cer enacted by t/ze autkority aforesaid, That if
any ‘person or persons whatsoever shall presume to counterfeit any of
the bills of credit to be issued by virtue of this act, or shall alter any of
‘CHAP. 40.] NINTH SESSION.
261
the said bills issued as aforesaid, so that they shall appear to be of greater
value than by this act the same bill or bills so altered, were enacted
signed or numbered to pass for, or shall knowingly pass or give in pay-
ment any of the bills aforesaid so counterfeited or altered, every person
guilty of counterfeiting or altering any of the said bills as aforesaid, or
of knowingly passing or giving in payment any such counterfet or altered
bill or bills, shall be guilty of felony, and being thereof convicted, shall
forfeit all his or her estate both real and personal to the people of
this State, and be committed to the bridewell of the city of New York
for life, and there conﬁned to hard labor, under the direction of the
corporation of the said city, at the expence (if any should arise) of this
State, and to prevent escape shall be branded on the left cheek with the
letter C, with a red hot iron and though such counterfeiting, altering or
knowingly passing counterfeit or altered bills, shall be done out of this
State, yet any grand jury within this State, is hereby empowered to pre-
sent the same and to set forth in the indictment, the place where, by
their evidence it appeared that the fact was committed, which indict-
ment is hereby declared good, notwithstanding that the place alledged
be out of this State; and the petit jurors on the trial of all such foreign
issues, shall be returned from the body of the county where the said
supreme court shall be statedly held, any law usage or custom to the
contrary notwithstanding.
XXV. A/za’ ée it enacted éy t/ze aat/wrz'ty aforesaid, That the respect-
ive loan ofﬁces in this State shall be kept at the court house of each
respective county, or at some other convenient place near the same
except that the loan ofﬁcers for the county of Grange shall meet alter-
nately at Goshen, and at the new city in the said county, and their ﬁrst
meeting to be at the court house in Goshen; and the said loan ofﬁcers
shall so soon as the said bills are signed and delivered to them, set up
'advertizements, of the ﬁrst day of their attending the loan ofﬁce, for the
purposes herein before mentioned, and shall duly attend the same on
that ﬁrst day, and on every Tuesday and \Vednesday in each week for
the space of four weeks thereafter, if their be occasion of their sitting
so long, and the said treasurer so soon as he can ﬁx the day upon which
he can deliver the said bills to the loan ofﬁcers shall send notice by
letter to them to come and receive the bills at that day.
XXVI. And a; it fart/zer eaaetea’ éy t/ze aat/zerz'ty aferesaza That the
loan ofﬁcers respectively shall retain in their hands so much of the
interest monies paid into them as will pay them their respective salaries
appointed by this act, any thing in this act to the contrary notwithstand-
ing, and the remainder of the said interest monies shall be annually paid
to the treasurer of this State on or before the last Tuesday of the month
of August and the said treasurers receipt shall be to the said loan ofﬁcers
and every of them their heirs executors and administrators a sufﬁcient
discharge.
XXVII. Ana’ ﬁe z't fltt’f/le’i’ 672(162‘6’67 a)’ t/ze aat/zerz'zfy aferesaz'a’ That the
yearly salary of the loan ofﬁcers aforesaid for the Services required of
them by this act shall be as follows to Wit
For every of the loan ofﬁcers of the county of New York forty pounds
For every of the loan ofﬁcers of the county of Albany thirty pounds
For every of the loan ofﬁcers of Kings county ten pounds
For every of the loan ofﬁcers of Queens county sixteen pounds
For every of the loan ofﬁcers of Suffolk county ﬁfteen pounds
For every of the loan ofﬁcers of Richmond county ten pounds
For every of the loan ofﬁcers of West Chester county ﬁfteen pounds
For every of the loan ofﬁcers of Dutchess county twenty pounds
Oﬂice of
loan oﬂicer
to be kept
at court—
ouse.
Loan ofﬁ-
cers to
retain
salaries
out of
interest.
Salaries
of loan
ofﬁcers.
262
LAWS OF NEW YORK. [CHAR 40'
Supervis-
ors and
judges to
inspect
loan ofﬁ—
cers’ ac-
counts.
Attend-
ance of
judges and
supervis-
ors, how
enforced.
For every of the loan ofﬁcers of Orange county ﬁfteen pounds
For every of the loan ofﬁcers of Ulster county eighteen pounds
For every of the loan ofﬁcers of Montgomery county sixteen pounds
For every of the loan ofﬁcers of Washington county ten pounds
XXVIII. And ﬁe z'z‘furz‘lzer enacted [2)/ the aut/wrz'zj/ aforesaid That the
supervisors and judges aforesaid of the several counties of this State
shall on the ﬁrst Tuesday in October which will be in the year of our
Lord one thousand seven hundred and eighty seven, and yearly there-
after on the ﬁrst Tuesday in October meet together with the said loan
ofﬁcers at the court house of the county; and the majority of the super~~
visors with one or more of the judges aforesaid, shall carefully inspect
and examine the mortgages, minutes and accounts of the loan ofﬁcers
and if it be found that any loan ofﬁcer or loan ofﬁcers has or have
refused or neglected to perform the duties enjoined upon him or them
by this act, the said judges and supervisors shall elect a loan ofﬁcer or
loan ofﬁcers in the stead of such who shall so have refused or neglected
as aforesaid and if any deﬁciency has happened by borrowers not having
right to the lands mortgaged or by the selling thereof for a less price
than what is before mentioned, or otherwise; then the said supervisors
or a majority of them, with the concurrence of one or more of the said
judges shall cause all such deﬁciencies to be assessed and levied in the
county as other county charges, so that the whole of such deﬁciencies
be paid to the said loan ofﬁcers by the third Tuesday of June then next
following.
XXIX. And &e 2'! fart/lei’ enaez‘ed ﬁy Z/ze aaZ/zorz'g‘y aforesaid, That in
case one or more of the said judges and a majority of the supervisors
aforesaid shall not meet on the second Tuesday of May next or in case
they shall not meet yearly on the ﬁrst Tuesday of October, or in case
they shall not meet when summoned by ‘a precept of one or more of the
said judges for the several purposes in this act mentioned; every of them
in either of these cases that are absent (unless detained by sickness)
shall forfeit the sum of two pounds; and the judge or judges then
attending, shall issue his or their precept to one or more constables, to
summon the judges and supervisors to attend on that day week for the
purposes aforesaid under double the penalty aforesaid, which each neg-
lecting then to attend, if duly summoned, shall also forfeit, altho’ a
sufﬁcient number do appear: And in case a sufﬁcient number do not then
appear, the judge or judges appearing shall proceed in the like manner
from week to week until a full number of supervisors do appear to per-
form the duty for which they before ought to have met. And in case
the said supervisors, or either of them, when a majority of them are
met, shall neglect or refuse to do the duty enjoined on him or them by
this act when met, or shall on any pretence whatsoever, on the day of
their annual meeting neglect or omit the causing to be assessed, levied,
and raised the whole deﬁciencies that have happened, by any of the
means aforesaid, every of them neglecting their duty herein, shall forfeit
to the people of this State, the sum of ﬁve pounds. All which penal-
ties before in this clause mentioned, are to be recovered before any one
of the justices of the peace within the county where such forfeiture shall
arise; one half to the use of such judge or judges, and supervisors of
the same county, endeavouring to perform their duty herein, who will
sue and inform against the others, and prosecute their suit to effect;
and the other half to the treasurer of the State, and be applied towards
cancelling the bills of credit in such manner as shall be directed by act
or acts of the legislature.
CHAP. 40.] NINTH SESSION.
263
XXX. And be it fartlzer enacted by t/ze antnorz'zy aforesaid, That all
and every the sums of money which may at any time afterwards be
recovered by the loan ofﬁcers aforesaid, of such persons as have been
the occasion of such deﬁciencies as aforesaid, shall be applied to the
use of 'such county; and the judge or judges and supervisors are hereby
empowered to take all lawfull ways and means in the name of the said
loan ofﬁcers to recover the same.
XXXI. And be it fnrt/zer enacted by t/ze aat/zority aforesaid, That it
shall and may be lawful for the said loan ofﬁcers to let out upon loan
any of the said bills of credit in such manner as they shall think best
upon security of good plate to be delivered to them at six shilling per
ounce, to be paid to the said loan ofﬁcers on the third Tuesday in june
annually then next, with a years interest, at ﬁve per cent for the same,
and in case of non payment at any of the three. stated days of meeting
of the loan ofﬁcers, then the said loan ofﬁcers are to sell the same plate
in such manner, and upon the same day, as they are directed to sell the
lands of the mortgagors forfeited as aforesaid; and they are to return
the overplus if any be to the owner after payment of the principal and
charges, with interest past and to come; until the third Tuesday of
june then next, unless a borrower offers at the time of sale, as in case
of lands herein before mentioned; any thing in this act to the contrary
notwithstanding.
XXXII. And be it fart/zer enacted by t/ze aat/zority aforesaid That if any
monies shall remain in the hands of the loan ofﬁcers for want of bor-
rowers, four weeks after the ﬁrst day appointed for lettingit out, it shall
be lawful for them to let out the same on good security by mortgage of
lands in the county, or on plate as aforesaid to any person who will bor-
row the same, in any sums, though they be upwards of three hundred
pounds. ' ‘
XXXIII. And be it further enacted by t/ze ant/zority aforesaid, That if
any of the bills of credit shall remain four weeks over and above the
four weeks aforesaid that is tosay in all eight weeks, in the hands of
the loan ofﬁcers for want of borrowers, after the ﬁrst day appointed for
letting out as aforesaid, then and in that case the said loan ofﬁcers or
one of them by consent of the other to be entered and signed in the
minute book of proceedings, shall carry it to the loan ofﬁcers of the next
county or counties, where there were more ‘monies demanded in loan
than there were monies to lend, and deliver it to the loan ofﬁcers of
such next county or counties, upon their receipts for the same, and their
entering a memorandum of it in the minutes of their proceedings;
which loan ofﬁcers to whom such sum is brought, shall accept thereof
and shall set up advertizements thereof, and therein assign a day in the
next week for borrowers to offer, and shall proceed in the lending such
further sum, in their county, as nearly as circumstances will admit, in
the like manner as they proceeded in lending the ﬁrst sum; of which
transposition of those monies, the loan ofﬁcers of the several counties,
shall give notice in writing signed by them to the treasurer at the time
of their paying to him the ﬁrst interest monies thereafter, of which
notices to him he shall enter memorandums in his books of accounts the
better to ascertain the interest he is to receive yearly from the respec-
tiue counties, and the principal sums that the counties are ﬁnally to
cancel
XXXIV. And to prevent frauds that may happen by executors in
their nonpayment of any part of the money borrowed as aforesaid by
Monies
recovered
to be paid
to use of
he co
unty.
Loans to
be made
on plate.
Monies re- '
maining
after four
weeks,
loaning of .
Monies
remaining
after eight
weeks, dis-
position of
Where bor-
rower dies,
liability of
their respective testators, Be it fartlzer enacted by t/ze antbority aforesaid ggyisees.
That if any person or persons who shall become a borrower or borrow-
irs and
executors.
264
LAWS OF NEW YORK. [CHAR 4o.
Penalty
for false
swearing.
Loan
ofﬁcers‘
books to be
open for
inspection.
Form of
mortga es
to be ta en
ers of the bills issued by virtue of this act shall afterwards make his her
or their last will and testament in due form of law, thereby devising the
premises so mortgaged, to any other person or persons, leaving personal
estate sufﬁcient to pay his or her debts, with an overplus not otherwise
in the said will disposed of, and not expressly providing in other man-
ner by the said will; in such case it shall be understood, that the devisor
intended that the mortgage money in arrear at the time of his death
should be paid out of his personal estate, and his executor or executors
shall accordingly be compelled to pay the same thereout in aid of such
devisee or devisees: But in case the said last will was made before the
premises were mortgaged, then it shall be understood that the testators
intent was (unless otherwise expressed in such will) that the devisee or
devisees should pay the residue of the mortgage money in arrear, at the
time of such testators death; and in case any executor or executors con-
trary to the intent of this act, having effects sufﬁcient, shall permit a
sale to be made of the premises mortgaged; such devisee or devisees
may immediately have his, her or their action either in proper person,
or by guardian or next friend, if under age, against such executor, or
executors, and recover double the damages sustained with costs of suit;
and in case any executor or executors, shall in such case be a pur—
chaser of the premises so mortgaged, or any other in trust for him, or
for his use, he or they shall be deemed seised of the premises for the
use of the devisee, or devisees; and such executor or executors and their
trustee or trustees, are hereby disabled from making any conveyance
thereof, from such devisee or devisees, and if any such conveyance is
made, the same is hereby declared fraudulent and void against such
devisee or devisees.
XXXY. And be it fzcrt/zer enacted by t/ze antkority aforesaid, That if
any person shall falsely swear or afﬁrm in any of the cases where an
oath or afﬁrmation is required to be taken by this act, or shall wilfully
or knowingly act contrary to the oath or afﬁrmation, he has before
taken, such offence is hereby declared to be perjury, and the offender
being convicted thereof shall suffer the pains and penalties, of perjury.
XXXVI. And be it fart/cer enacted by t/ze ant/zority aforesaid, That the
respective loan ofﬁcers within this State for the time being, shall permit
any person or persons at seasonable times to search and view the books
of mortgages in their hands and custody, upon their paying one shilling
for the search, and the entry of the respective mortgages in the books
of the said loan ofﬁces shall have the like priority operation and effect
as if such mortgages were registered in the clerks ofﬁce of the county
in which the lands mortgaged lie.
XXXVII. And be it fart/cer enacted by t/ze aat/zority aforesaid, That for
the greater uniformity in the securities to be taken in the loan ofﬁces
for the money to be lent by virtue of this act; the mortgages shall be in
the form following to wit,
This indenture, made the day of
Lord one thousand seven hundred and
the county of of the one part and the loan ofﬁcers of the said
county of of the other part witnesseth that the said for
and in consideration of the sum of by the loan ofﬁcers of the
said county of to him well and truly paid; hath granted, bar-
gained, sold, released, enfeoffed and conﬁrmed and by these presents
doth grant bargain sell release, enfeoff and conﬁrm to the loan ofﬁcers
of the of and their successors and and assigns forever all
that
together with all and all manner of improvements, hereditaments, and
in the year of our
between of
CHAP. 40.] NINTH SESSION.
265
appurtenances, whatsoever to the same belonging or in any wise apper-
taining; and all the estate, right, title, interest, claim and demand of the
said to the above bargained premises and every part thereof to
have and to hold the above bargained premises to the loan ofﬁcers of
the county of their successors and assigns forever to the uses
and purposes mentioned in an act of the legislature of the State of
New York, entitled “An act for emitting the sum of two hundred thous-
and pounds in bills of credit for the purposes therein mentioned. And
the said for himself his heirs
executors and administrators, doth covenant, grant and agree to and
with the said loan ofﬁcers of the of and their successors
that at and before the time of the ensealing and delivery hereof the said
was lawfully seized of the above bargained premises, of a good,
sure, perfect, absolute and indefeasible estate of inheritance in the law
in fee simple, and that the same now are free and clear of all former
and other gifts, grants, bargains, sales, leases, releases, judgments, extents,
recognizances, dowers, and other incumbrances whatsoever. Prew'a’ea’
always, and these'presents are upon this condition that if the said
heirs, executors administrators or assigns, do pay or cause to be paid
to the loan ofﬁcers of the of the interest at the rate of
ﬁve per cent of the said principal sum of on the third Tuesday
of June yearly until the third Tuesday of June which will be in
the year of our Lord one thousand seven hundred and ninety inclusive
and if the said heirs, executors administrators or assigns shall
pay to the loan ofﬁcers of the of the one tenth part of
the said principal sum of on the third Tuesday of June which
will be in the year of our Lord one thousand seven hundred and ninety
one together with the interest then due on the said principal sum of
and one other tenth part of the said principal sum on the third
Tuesday of June which will be in the year of our Lord one thousand
seven hundred and ninety two together with the interest then due, one
other tenth part of the said principal sum on the third Tuesday of June
which will be in the year of our Lord one thousand seven hundred and
ninety three, together with the interest then due; one other tenth part of
the said principal sum on the third Tuesday of June which will be in the
year of our Lord one thousand seven hundred and ninety four together
with the interest then due; one other tenth part of the said princi-
pal sum on the third Tuesday of June which will be in the year of our
Lord one thousand seven hundred and ninety ﬁve together with the
interest then due; one other tenth part of the said principal sum on the
third Tuesday of June which will be in the year of our Lord one thou-
sand seven hundred and ninety six together with the interest then due;
one other tenth part of the principal Sum on the third Tuesday of
June which will be in the year of our Lord one thousand seven hundred
and ninety seven together with the interest then due; one other tenth
part of the said principal sum on the third Tuesday of June which will
be in the year of our Lord one thousand seven hundred and ninety
eight together with the interest then due; one other tenth part of the
said principal sum on the the third Tuesday of June which will be in
the year of our Lord one thousand seven hundred and ninety nine
together with the interest then due; and the remainder of the said
principal sum on the third Tuesday of June which will be in the year
of our Lord one thousand eight hundred together with the interest then
due thereon, according to the true intent and meaning, of the said act,
then the above grant bargain and sale and every article and clause
thereof shall be void, but if failure be made in any of the payments
VOL. 2. ——- 34
266
LAWS OF NEW YORK. [CHAR 40.
above mentioned, then the above bargain and sale is to remain in full
force and virtue. And the said heirs and assigns agree to be
absolutely barred of all equity of redemption of the premises at the
expiration of twenty two days after such failure. And the said
heirs executors and administrator covenant grant and agree to
and with the loan ofﬁcers of the of and their successors,
well and truly to pay to them all and every of the sums of money above
mentioned at the times on which the same ought to be paid as afore-
said, and that the above bargained premises upon the sale thereof pur-
suant to the directions of the said act, will yield the principal and inter-
est aforesaid remaining unpaid at the time of such sale and until the
third Tuesday of june next after the day of.sale together with ﬁfteen
shillings for the charges of such sale: In witness whereof the parties
. to these presents have interchangeably set their hands and seals the day
Books of
mortgages
to be print-
ed and dis-
tributed.
Mortgages
taken to be
ﬁlled out
in book.
Additional
books for
loan ofﬁ-
cers.
Substance
of each
mortgage
to be min-
uted in
second
book;
custody of
books.
and year ﬁrst above written.
Sealed and delivered in the presence of
.XXXVIII. And ﬁe it fzcrZ/zer erzacz‘ed ﬁy Z/ze aui/corizj/ aforesaid, That
the said Samuel Loudon shall print eight thousand copies of the said
mortgages, and bind so many of them in a book together with six leaves
of clean paper for an alphabet for the use of the loan ofﬁce of each
county, that there may be a mortgage for every twenty pounds of bills
of credit given to the loan ofﬁce of that county, and the number remain-
ing he shall give in loose sheets in the like proportion to each of the
loan ofﬁcers in ‘order therewith (if there should be occasion) to give
attested copies of the original mortgages to the purchasers of any of the
mortgaged lands: l/Vhich books together with the said loose sheets, are
to be delivered by the printer to the treasurer of this State; by him with
the bills to be delivered to the loan ofﬁcers of each county.
XXXIX. Arid ﬁe iz‘ furt/zer erzacz‘ed ﬁy z‘/ze azcZ/zorizj) aforesaid That no
mortgage shall be taken in the loan offices but by ﬁlling up one of the
blanks of the said book of mortgages ; none of them shall be defaced or
torn out, except the seals, when the mortgagor pays off the whole prin-
cipal and interest of the mortgage: And the loan ofﬁcers shall proceed
in the taking the mortgages from the beginning of the book forward,
numbering the mortgages as they are taken and inserting the mortga-
gors name and number in the alphabet under the letter answering the
mortgagors sirname.
XL. And ﬁe iz‘ furz‘ﬁer enacted ﬁy t/ze azcz‘ﬁorizfy aforesaid, That the
printer shall also cause to be bound up twelve books of paper one for
the use of each loan ofﬁce and to be about two thirds of the size of the
book of mortgages for the same county, to be delivered as aforesaid
with the book of mortgages.
XLI. And ﬁe it fzcrt/zer erzacz‘ed ﬁy t/ze azcZ/zority aforesaid That the
loan ofﬁcers shall in one end of the last mentioned book minute the
substance of each mortgage to wit, the number thereof the date, the
mortgagors name, the sum lent and the boundaries of the lands mort-
gaged; and when the one loan ofﬁcer, has the custody of the book of
mortgages, the other shall have the custody of the other book, that ﬁre
or other accidents which might happen may be guarded against; and
the printer shall make an alphabet to it like to that of the book of
‘ mortgages; and for the satisfaction of the mortgagor he may examine or
Second
book, min-
utes of
loan oﬂ‘i-
see the minute examined with the original mortgage, and with the wit-
ness shall sign the same.
XLII. And ﬁe iz‘ furt/zer enacted ﬁy the authority aforesaid, That the
loan ofﬁcers beginning at the other end of the said book shall insert the
minutes of their proceedings therein, to wit.
CHAP. 40.] NINTH SESSION.
267
First The day they meet, place, house and loan ofﬁcers present.
Second, If any one is absent, they shall at their next meeting minute
the cause of his absence.
Third Shall enter the hour that every one applies for the loan of
money, and the sum he applies for.
Fourth, Shall enter down the reason why a prior applicant had not
the money according to his application, and the substance of examina-
tions for clearing titles and value.
Fifth, Shall enter down the monies received from the treasurer, and
the monies delivered to or received from the loan ofﬁcers of another
county, and the day when, with a copy of the notice thereof, to be
delivered to the treasurer, and when that notice was delivered to the
treasurer, and by whom.
Sixth, The last day of their four days of meeting, for receiving of
monies yearly, they shall enter whose mortgages are forclosed, and the
numbers and sums of them.
Seventh, Shall enter the orders for, and copies of the advertisements
for sale, and places at which they are to be set up, and the persons
names that are to set them up.
Eighth Shall enter the names of the purchasers of lands, and prices
sold for, and payment of the overplus to whom it belongs with the time
and witnesses of such payment.
Ninth In case any principals or part thereof are paid in before the
‘ times of payment in the mortgages, the whole amount of such principals
so paid in, shall be entered in the said books—
Tenth, Shall enter the cause of all suits, and the informations they
have received, and of whom at length, or if too long, refer to them in
papers apart, minuting the substance.
Eleventh Shall enter the meetings, with the judges, and supervisors,
and persons present, together with the minutes of all proceedings of
such judges and supervisors, particularly what were the deﬁciencies laid
before them what measures were taken for assessing and levying such
deﬁciencies and which of the said judges and supervisors were for
assessing or for neglecting or delaying it.
XLIII. And be it further enacted by the authority aforesaid, That the
printer shall also cause to be bound other twelve books of paper, one of
them for the use of each loan ofﬁce, about two thirds of the size of the
book of mortgages for the same county, to be delivered as aforesaid
with the book of mortgages and that therein shall be entered all the
accounts of the loan ofﬁce; that at the beginning there shall be an
alphabet wherein shall be inserted every mans name, and the page
wherein his account stands, and that this book be kept in the fairest
and best method that the loan ofﬁcers can, and it is to remain in the
custody of him who has the minutes of the mortgages and proceedings.
XLIV And be it further enacted by the authority aforesaid, That the
deeds to be granted by the loan ofﬁcers for any lands to be sold by
them, whereof the equity of redemption is foreclosed shall be in form
following to wit.
This indenture made the Tuesday of
our Lord one thousand seven hundred and
r
in the year of
between the loan
ofﬁcers of the of of the one part; and of the
other part. W'itnesseth that the said loan ofﬁcers of the of
for and in consideration of the sum of to them in
hand paid whereof they acknowledge the receipt, and discharge the said
heirs executors and administrators thereof forever have pursu-
ant to a law of the State of New York, intitled “ An act for emitting the
cers to be
kept in;
what to be
noted.
Books of
account
for loan
oﬂicers.
Deeds
given by
loan
ofﬁcers,
form of.
LAWS OF NEW YORK. [CHAR 4o.
On sale of
land, copy
of mort-
gage to be
given pur-
chaser.
Form of
bond of
loan ofﬁ-
cers.
Suits on
bonds, how
stayed.
Examina-
tion into
title of
borrower.
Expense of
printing
and sign—
ing the bills
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned,”. granted, bargained, sold, released, enfeoffed and
conﬁrmed and by these presents do grant bargain, sell, release, enfeoff
and conﬁrm unto the said heirs and assigns all that
together with all and all manner of improvements, hereditaments and
appurtenances whatsoever to the same belonging or in any wise apper-
taining, and all the estate right title, interest, claim and demand what-
soever of the loan ofﬁcers of the of and their succes-
sors, to the above bargained premises and every part thereof. To have
and to hold the above bargained premises and every part thereof with
the appurtenances, to the said heirs and assigns to the sole and
only proper use beneﬁt and behoof of the said heirs and assigns
forever in witness whereof, the loan ofﬁcers of the have here—
unto set the seal of their corporation together with their hands, the day
'and year above written.
Sealed and delivered in the presence of
To which deed the loan ofﬁcers shall afﬁx the seal of the loan ofﬁce
and respectively subscribe their names in the presence of two witnesses.
XLV. And be it fart/cer enacted by t/ze ant/zority aforesaid, That upon
every sale of lands the loan ofﬁcers shall ﬁll up one of the loose sheets
of blank mortgages like to the original mortgage, and attest the same
as a true copy under their hands and seal of the loan ofﬁce, and give it
instead of the original mortgage for evidence of the title ‘to the pur-
chaser. And the bond to be entered into by the loan ofﬁcers shall be
in the form following (vizt).
Know all men by these presents, That we are held and ﬁrmly
bound unto the people of the State of New York in the sum of
to be paid to the said people for which payment well and truly to be
made and done, we bind ourselves, our heirs executors and administra-
tors and every of us and them jointly and severally ﬁrmly by these
presents. Sealed with our seals and dated the day of
in the year of our Lord one thousand seven hundred and
The condition of the above obligation is such, that if the above
bounden shall and do well and truly perform the ofﬁce and
duty of one of the loan ofﬁcers of the of and shall
demean himself therein, without favour, malice or partiality, then the
above obligation to be void, otherwise to remain in full force and virtue.
Sealed and delivered in the presence of '
XLVI. And be it fart/ter enacted by t/ze' ant/torily aforesaid, That in
case of the forfeiture of such bond as aforesaid the suit thereon shall
be staid, on the defendants paying or tendering in court to pay the
damage arisen by the breach of the condition of the said bond, with
the costs to that time; and if judgment be had thereon a jury shall
inquire of the damages according to law.
XLVII. And be it fart/ter enacted by t/ze azct/zority aforesaid, That for
the better satisfaction of the loan ofﬁcers, as to the title and value of
what is offered in mortgage, by borrowers; the loan ofﬁcers or either of
them are hereby authorized and impowered to examine the borrower,
and witnesses upon oath, or if of the people called Quakers, on afﬁrma-
tion, concerning the same, a brief minute of which examination, and the
names of the persons so examined, they shall enter into their minute
book of proceedings.
XLVIII. And be it fart/ter enacted by tke aut/zorizy aforesaid That
the treasurer shall pay the expence of printing the said bills and the
incidental expences which may arise in or about the same and to each
of the same persons authorized to sign the bills to be emitted by virtue
‘CHAP. 40.] NINTH SESSION. 269
of this act at the rate of two shillings for every hundred of the said bills
they may have respectively signed according to such accounts thereof
as they shall respectively produce audited by the auditor of this State.
XLIX. And be it fart/ter enacted by tile aut/zorz'ty aforesaid, That the Bills_of _
signers of the said bills or any three of them, shall meet at the treasury fggg‘tthgmd
of this State on the ﬁrst Monday in November which will be in the year treasury
one thousand seven hundred and eighty seven, and annually on every 22,233,?
ﬁrst Monday ‘in November; and the treasurer of this State shall, when
the said signers are so met as aforesaid, deliver unto them all such of
the said bills of credit as shall then have come into his hands as treas-
urer of this State from any of the said loan ofﬁcers, for principal and
interest together with a list of the several denominations of the said
bills, and having examined and compared the said bills, with such list,
shall destroy the said bills, and shall certify that they have destroyed
the bills mentioned and designated on such list, which list so certiﬁed
shall be delivered to the said treasurer, and a copy thereof, so signed
shall be kept by the said signers, or one of them, to be by him or them
delivered to the legislature, when thereunto required.
L. And be z'tfztrt/zer enaeted by tile ant/zorz'ty aforesaid, That whenever Etedempf
the said treasurer shall have received from the said loan ofﬁcers a sum g',°§,.gf,}’,‘1,1§
equal to one hundred and ﬁfty thousand pounds in gold or silver, partly gold and
in gold and silver, and partly in the bills of credit aforesaid, it shall and Sllver'
may be lawful to and for the said treasurer and he is hereby required to
exchange such of the said bills as may be then in circulation for the
gold and silver, so received at the nominal value expressed on such bills,
as may by any person be tendered to him for exchange; and the said
treasurer is hereby required as soon as he shall have received to the said
amount in manner aforesaid, to give public notice thereof by advertise-
ment to be published in three of the newspapers printed in this State,
and shall require all persons having any of the said bills of credit in
possession, within sixty days from the date of such advertisement to
bring the same into the treasury, and to receive gold or silver therefore,
and if any such bills should be brought in, those remaining in circula-
tion shall not be so exchanged, but shall be received in all payments
into the treasury of this State.
LI. And be z'tfart/zer enaeted by t/ze aut/zorz'ty aforesaid That the treas- Form of
- - ' - blank cer-
urer of this State be, and he is hereby authorized and required to pro- tiﬂcates to
cure at the expence of the people of this State a competent number of g6 issued
. . , . y State
blank certiﬁcates with sucn checks and devices as he may deem proper treasurer.
to guard against counterfeits, and with a margin or counterpart sufﬁc-
iently large to contain a memorandum of the annual payment of interest
which may be made thereon; the blanks of which certiﬁcates so to be
procured shall be ﬁlled up as to the numbers, sums, date, day and year
of passing this act, and be delivered as herein after directed, and the
said blank certiﬁcates shall severally contain the words following, vizt.
Number
The people of the State of New York have received on loan from
the sum of to be paid to the said or bearor on
or before the ﬁrst day of January which will be in the year of our Lord
one thousand seven hundred and ninety with interest from the day
of one thousand seven hundred and eighty ﬁve at the rate
of per centum per annum to be paid annually at the treasury,
according to a law of this State, passed on the day of
LII. And be z‘tfnrt/zer enaeted by t/ze aat/zorz'ty aforesaid That the Said Certiﬁ-
treasurer be and he is hereby authorized and required to receive on 2535,35,,
loan in behalf of the people of this State such public securities as are issued-
270
LAWS OF NEW YORK. [CHAR 4o.
Blanks in
certiﬁ-
cates, how
ﬁlled‘up.
Securities
receivable
at treasury
on loan.
herein after described and to issue and deliver in lieu thereof to any per-
son or persons who shall before the ﬁrst day of May which will be in
the year of our Lord one thousand seven hundred and eighty seven
make such loan or loans a certiﬁcate or certiﬁcates at the election of
the lender in the form herein before prescribed to the amount or value
of the sum or sums due as principal money on the security and securi-
ties which he shall so receive on loan, and shall indorse on each certiﬁ-
cate by him delivered, the amount of interest due to the ﬁrst day of
January one thousand seven hundred and eighty ﬁve and subscribe his
name thereto. Provided always that no more than one certiﬁcate shall
be issued by the said treasurer for a sum less than twenty pounds
received from any one person.
LIII. And ﬁe iz‘ furZ/zer erzacz‘ed ﬁy t/ze azd/zoricj/ aforesaid That each
certiﬁcate to be delivered by virtue of this act shall be numbered begin-
ning with number one and so on in arithmetic progression to the last
that shall be delivered inclusive, and the blanks of the certiﬁcates shall
be ﬁlled as follows vizt. The ﬁrst and third with the name of the per-
son making the loan, the second with the amount of principal money of
the security or securities loaned the fourth with the word ﬁrst, the ﬁfth
with january, and the sixth with a rate of interest equal to the interest
expressed in the certiﬁcates received on loan ; and the day month and
year in which this act passed shall be printed in the certiﬁcates; and
each certiﬁcate before the same is delivered shall be signed by the said
treasurer with his name and stile of ofﬁce. ' -
LIV. And ﬁe iz‘fzcrz‘lzer enacted ﬁy z‘lze azcz‘lzorizj/ aforesaid That the said
treasurer shall be and he is hereby authorized and required to receive
the following public securities on loan in manner aforesaid, vizt.
Loan ofﬁce certiﬁcates issued by the Continental commissioner of
loans in this State for monies lent to the United States, at the nominal
value expressed therein if issued on or before the ﬁrst day of September
one thousand seven hundred and seventy seven.
Loan ofﬁce certiﬁcates issued by the Continental commissioner of
loans in this State for monies loaned to the United States since the said
ﬁrst day of September reduced to specie value by the scale of deprecia-
tion established by the United States in Congress assembled on the
twenty eighth day of July one thousand seven hundred and eighty one.
Certiﬁcates issued, or to be issued by the Continental commissioner
of accounts within this State for services performed or articles delivered
by the inhabitants of this State for the use of the United States, com- ‘
monly called Barbers notes.
Certiﬁcates issued by the treasurer of this State, for monies borrowed
for the use of this State, and directed to be paid by an act entitled an
act to provide for the payment of certain contingent expences of this
State passed the 25th October 1779 reduced to specie value by the Con-
tinental scale of depreciation.
Certiﬁcates issued by the agent of this State, in pursuance of an act
entitled an act to procure supplies for the use of the army and to pre-
vent a monopoly of cattle within this State and more effectually to pre-
vent supplies of cattle to the enemy passed the 24th of june r780.
Certiﬁcates issued by the treasurer of this State in pursuance of an
act entitled an act to provide for the payment of certain monies taken
on loan by this State passed the 30th day of June 1780 at the rate of
one dollar in silver for every forty of the nominal dollars speciﬁed in
such certiﬁcates. ‘
Warrants with receipts thereon indorsed given by virtue of the act
entitled “An act to compleat the Continental battalions raised under the
CHAP. 40.] NINTH SESSION.
271
direction of this State, passed the ﬁrst day of july 1780, at the rate of
one dollar in silver for every bushel of wheat speciﬁed in such warrants.
Certiﬁcates granted for horses, purchased by this State for the use of
the armies of the United States in the year 1780.
Accounts liquidated and certiﬁed or certiﬁcates granted by the late
auditor general of this State or the auditor of this State for the time
being, reduced to specie value, if not already so reduced, by the Conti-
nental scale of depreciation. -
Certiﬁcates issued by the auditors appointed in pursuance of the act
entitled “An act to liquidate and settle the accounts of the troops of
this State in the service of the United States” passed the 4th day of
October I780.
Certiﬁcates given or which may be given, by virtue of the act entitled
an act to empower the auditors appointed to liquidate and settle the
accounts of the troops of this State in the service of the United States
to grant certiﬁcates to the troops of this State in the service of the
United States for their pay accrued for the time therein mentioned
passed the 6th day of April 1784.
Certiﬁcates issued or to be issued by virtue of an act entitled “An
act for the settlement of the pay of the levies and militia for their ser-
vices in the late war and for other purposes therein mentioned ” passed
the 27th day of April 1784.
And all other certiﬁcates issued by the treasurer.of this State for.
monies due by the people of this State to any person or persons whom-
soeven
LV. And be it further enacted by the authority aforesaid That it shall
and may be lawful to and for the said treasurer and he is hereby
authorized and required immediately after completing any certiﬁcate
or certiﬁcates and having signed and endorsed the same as herein
directed to pay to the holder thereof the one ﬁfth part of the interest
endorsed thereon as aforesaid in the said bills entitled by virtue of this
act and remaining in the treasury; and for the residue of the said inter-
est so endorsed as aforesaid to give unto such holder a certiﬁcate in
the form following, to wit,
Number
The people of the State of New York are indebted unto
in the sum of for interest to be paid to the said
or bearor on or before the ﬁrst day of May which will be in the year of
our Lord one thousand seven hundred and eighty seven, according to
an act entitled an act for emitting the sum of two hundred thousand
pounds in bills of credit for the purposes therein mentioned—
which certiﬁcate so to be given for interest shall be numbered with the
same number as the certiﬁcate given for the principal sum on which
Interest on
certiﬁ-
cates, h ow
payable.
Form of
certiﬁcate
for inter-
est
such interest is due and the blanks in the body of each certiﬁcate so to -
be given for interest shall be ﬁlled up as follows; the ﬁrst and third
with the name of the person to whom such interest is due and the
second with the sum so due to such person for interest as aforesaid and
each certiﬁcate so given for interest shall before the same is delivered
be signed by the treasurer with his name and stile of ofﬁce and the said
treasurer having so paid a part of the interest in the said bills of credit
and given such certiﬁcate as aforesaid for the residue of the interest shall
indorse on the certiﬁcate by him given for the principal money of the
security or securities so loaned “interest paid to the ﬁrst day of Ian--
uary one thousand seven hundred and eighty ﬁve ” and subscribe such
indorsement with his name and stile of ofﬁce.
Ad
9
LAWs OF NEW YORK. [CHAR 40.
72
Memoran-
da of cer-
tiﬁcates
issued to
be kept by
treasurer.
Bills of
credit to
be received
for duties,
etc.
What
species of
money re-
ceivable on
payment
of mort-
gage loans.
Common
council of
New York
to perform
duties of
supervisors
Bills of
credit a
legal ten-
derin
suits be-
fore or
after judg-
me
Mileage
fees of loan
ofﬁcer.
Certiﬁcates
issued by
authority
of this act
receivable
for forfeit—
ed estates,
etc.
LVI. And be it fart/ter enacted by t/ze ant/zority aforesaid That the
said treasurer shall make regular entries in a book or books to be kept
for the purpose of the certiﬁcates for securities loaned as aforesaid
which he shall issue by virtue of this act and which book or entries
shall contain in convenient order the number and date of such certiﬁ-
cates and the names of the persons to whom such certiﬁcate shall be
issued, the principal sum, the interest paid thereon, the day to which it
was paid and the annual interest to arise thereon and also a like entry
of each and every security he shall receive on loan as aforesaid reduc-
ing in all cases the nominal sum to specie value as herein before
directed.
And to the end that the credit of the bills to be emitted by virtue of
this act may be most effectually established.
LVII. Be it enacted by t/ze ant/zority aforesaid That gold and silver
and the bills of credit to be emitted by virtue of this act, shall be
received by the collector for duties arising on goods wares and mer-
chandize which shall be imported into this State after the passing of
this act, and in the treasury of this State in payment arising from the
duty on goods sold by public vendue by virtue of the act entitled “An
act for the regulation of sales by public auction.”
LVIII. And be it fart/cer enacted by t/ze ant/torily aforesaid That gold
and silver and the bills of credit emitted in pursuance of this act and
no other species of monies or bills shall be received by the loan ofﬁcers
in discharge of the principal and interest due on such mortgages.
LIX. And be it fart/cer enacted by t/ce ant/torily aforesaid That all the
power and authority by this act given to and duties required to be done
by the judges and the supervisors of the several counties of this State
shall be vested in and exercised by the mayor aldermen and common-
alty of the city of New York in common council convened, who shall
be subject to like forfeitures so far forth as the manners and things in
this act contained relate to the said city and county of New York; and
that the word county in this act mentioned shall be construed to com-
prehend the said city and county of New York.
LX. And be it fart/ter enacted by t/ze ant/zority aforesaid, That the
billsof credit to be emitted by virtue of this act shall be a legal tender
in all cases where any suit is or shall be brought or commenced for any
debt or damages and the costs of suit in any stage of the proceedings
thereof. Provided always that nothing in this act shall extend to con-
travene any treaty between the United States of America and any for-
eign State or power.
LXI. And be it fart/ter enacted by t/ze ant/zority aforesaid That one
of the loan officers of each respective county shall be allowed, in addi-
tion to the salaries herein before mentioned, the sum of six pence for
every mile such loan ofﬁcer shall be obliged to travel for the purpose of
receiving the bills of credit in and by this act directed to be delivered
to the loan ofﬁcers, to be computed from the court house of the county
for which such loan ofﬁcer shall be appointed to the city of New York.
LXII. And be it fart/ter enacted by t/ze ant/zority aforesaid That the
certiﬁcates to be issued by the treasurer by virtue of this act for securi-
ties taken on loan and also the certiﬁcates to be issued for part of the
interest due thereon previous to the ﬁrst day of january one thousand
seven hundred and eighty ﬁve, shall be receiveable at the treasury of
the State in payments for conﬁscated estates to be sold by the commis-
sioners of forfeitures, and also in payment for the waste and unappro-
priated lands of this State.
CHAP. 41.] NINTH SESSION. ‘ 273
CHAP. 41.
AN ACT for regulating trials of issues, and for returning able
and sufﬁcient jurors.
- PASSED the 19th of April, 1786.
Be it enacted by the People of the State of New York, represented in Igguesin
Senate and Assembly, and it is hereby enacted by tile aut/zorz'ty of the same, gggi‘t’lgljm
That all issues joined or hereafter to be joined in the supreme court, or tried in
any other court, and brought into the supreme court to be tried, and $3,332?
which are or may be triable by the country, Shall be tried in the proper $12268
counties where the lands tenements or hereditaments in demand or '
question shall be situated, or the cause of action, suit, controversy or
offence shall arise or be committed, unless the supreme court upon
motion in behalf of the people of this State if they be interested or
upon motion of any plaintiff, demandant or avowant or tenant or
defendant, shall think proper to order the trial to be at the bar of the
said supreme court, which Shall only be done in cases of great difficulty,
or which require great examination. But this clause shall not extend to
any action merely transitory, nor prevent the said supreme court from
ordering trials by foreign juries in all cases where it shall be proper and
necessary.
And be it fart/ter enacted by tile aut/zorz'ty aforesaid, That the jus- Circuit
tices of the supreme court for the time being, or some or one of them, gt‘flli'giﬂes'
shall yearly and every year forever hereafter in the vacations, at least ment of,
once in a year, and oftener if need be, hold a court in each of the coun- and terms‘
ties of this State, as well in the counties where the supreme court shall
sit as in every of the other counties of this State, for the trials of all
issues joined or to be joined in the supreme court or in any other court,
and brought into the supreme court to be tried, and which are or may
be triable in the said respective counties, which courts shall be called
the circuit courts; and that each of the said circuit courts shall be held
in each of the counties of this State so many days each time, as the jus-
tices or justice holding the same, shall think necessary. And furt/zer
that the justices of the supreme court for the time being, shall from
time to time in ths term next preceding the holding of every of the cir-
cuit courts, appoint the time of holding such circuit courts in every of the
said counties in which it shall be necessary to hold the same in the then
next vacation, and shall cause the same to be entered in the minutes of
the same supreme court ; and that such circuit court shall respectively be
held at the court house of the county, in which the said circuit court is
so appointed to be held; and in case there be no court house in the
county, then at such place as the said justices of the supreme court
during the term next preceeding the holding of such circuit court, shall
for that purpose appoint.
And be it further enacted by the authority aforesaid, That when any Tran-
such issue is to be tried at any of the said circuit courts, the tenor or iggg’fffo
transcript of the record thereof, with a respite of the jury, or an award E: slat;
of process for their appearance to the supreme court at the next term, hoildiplgce
unless the justices of the supreme court some or one of them at the day circum-
and place appointed for holding the said circuit court, at which such
issue is or ought to be tried shall Sooner come, shall be made and sent
under the seal of the said supreme court to such of the justices of the
same court as may hold the said circuit court, in the county where such
VoL. 2. — 35
274
LAWS OF NEW YORK. [CHAR 41.
Justices at
circuit,
jurisdic-
tion of.
Sheriff to
return all
writs, etc.,
to circuit
courts.
Divorce
and bas-
tardy cases
triable by
the country
Allowance
of and
hearing on
exceptions.
issue is or ought to be tried; and a similar clause shall be inserted
in the process for the appearance of the jury at the said circuit court;
and if one party demand and have such tenor or transcript of the
record as aforesaid to deliver to such justices or justice before whom
such issue is to be tried; another tenor or transcript of the same record
shall be made and delivered to the other party, if he require the same.
And ﬁe it further enacted ﬁy the authority aforesaia, That the justices
of the supreme court for the time being, and each and every of them, as a
justice orjustices of the supreme court, and without any other commission
to be had or made for that purpose, shall be and hereby is and are fully
authorized empowered and required at the said respective circuit courts to
try all such issues, and take all such inquest, by default or otherwise, as are
or ought to be tried or taken in the said circuit court respectively and to
record nonsuits and defaults before him or them; and to do and execute
all other matters and things as fully in every respects as any justices of
nisi prius, or justices of assize may or ought by law to do and execute ;
and the said justices or justice before whom any such circuit court
shall be held, shall return the said tenor or transcript, and the writ or
process for the appearance of the jury and the pannel, with the verdict
and proceedings before him or them had thereupon, to the supreme
court at the next term; and the said supreme court shall receive and
record the same, and give judgement thereupon according to law. And
further that it shall and may be lawful to and for the justice of the
supreme court and each and every of them for the time being, as a jus—
tice or justices of the supreme court and without any other commission
to be had or made for that purpose, to take assizes of novel disseisin, or
any other assizes at the said several circuit courts; and ii the taking of
any assize at any such circuit court be deferred for any cause whatso-
ever to adjourn the same, and send the record with the original writ to
the said supreme court, where such proceedings shall thereupon be had
as law and justice may require. And when the matter shall come to
the taking of the assize the said supreme court shall remit the matter
to such of the justices as shall hold the next circuit court in the county
where the same assize is or ought to be taken before whom the said
assize shall be taken, any law custom or usage to the contrary notwith-
standing.
And ﬁe it further enacted ﬁy the authority aforesaid, That all sheriffs
and other ofﬁcers to whom the return of any writs of assize, juries, or
certiﬁcates shall appertain, shall cause to come, at every such circuit
court to be held in their respective counties, before the justices or jus-
tice of the supreme court who shall hold such circuit court, all such
writs of assize, juries, and certiﬁcates before whatsoever justices or
justice arraigned, or by whatsoever writs, in their respective counties,
together with the panels, attachments, reattachments, summons, resum-
mons and all other minuments whatsoever any ways concerning those
assizes, juries, and certiﬁcates, in all things according to law and the
nature of them arrayed and executed ; provided always, that the attach-
ments, reattachments summons, and resummons thereof, shall be made
at least ﬁfteen days before the holding of such circuit court. -
And ﬁe it further enacted ﬁy the authority aforesaid, That all issues
upon legality of marriage and upon pleas or allegations of a general or
special bastardy, shall be tried by the country, and not otherwise, any
law, custom or usage to the contrary notwithstanding.
VII. And ﬁe it further enacted ﬁy the authority aforesaid, That when
any one who is or shall be impleaded before any judges or justices doth
alledge an exception, praying that the justices will allow it; and they
'CHAP. 41.] NINTH SESSION.
. 275
will not allow it, if hewhoalledged the exception, do write the same
exception, and require that the justices will put their seals to it for a
" witness, the justice shall do so, and if one will not another of the jus-
tices shall. And if a writ shall be brought to reverse the judgment in
such case, and the same exception be not found in the roll, and the
plaintiff shew the exception written with the seal of the justices put to
it, the justice shall be commanded that he appear at a certain day either
to confess or deny his seal : and if the justice cannot deny his seal, the
court shall proceed to judgment according to the same exception, as it
ought to be allowed or disallowed.
\
VIII. And be it further enacted by the authority aforesaid, That every Jurors to
venire facias for the trial of any issue in any action or suit civil or 1,5602%?
criminal, in any court of record within this State, shall be awarded of from
L . . . - - count
the body of the proper county where such issue is triable, excepting in whereyac-
such cases in which foreign juries shall be deemed necessary ; in which 3.221512”
cases the venire facias shall be awarded of the body of the county from
which such foreign jury are directed to come. '
IX. And be it further enacted by the authority aforesaid, That all Qualiﬁca-
jurors (other than strangers upon trials per medietatem linguee) who shall
be returned upon trials of issues in the supreme court, or in any of the
circuit courts, or in any of inferior courts of common pleas, or in the
mayors courts of the cities of New York, Albany or Hudson ; or in any
court of general or quarter sessions of the peace, or before any justices
of assize, oyer and terminer or goal delivery in any city or county of
this State, or in any other court of record, shall every of them be above
the age of twenty one and under the age of sixty years and shall each
of them have in either of the said counties in‘his own name or right, or
in trust for him or in his wifes right in the same county, a freehold in
lands messuages or tenements, or of rents in fee or for life, of the value
of sixty pounds, free of all reprizes debts demands or incumbrances
whatsoever; and in the cities of New York Albany or Hudson a free-
hold of the value aforesaid, or a personal estate of the like value free
from all reprises debts, demands or incumbrances whatsoever. And all
men having such estates as aforesaid are hereby enabled and made lia-
ble to be returned and to serve as jurors for the trials of issues before
the judges, justices, and courts aforesaid ; and if any man not so quali-
ﬁed shall be returned upon any such jury, or tales in default of such
jurors, it shall be good cause of challenge to the juror not so qualiﬁed, and
such person so returned shall be discharged upon such challenge or his
own allegation and oath thereof And to the end that jurors so qualiﬁed,
may be always returned, the writs of venire facias juratores which shall
at any time hereafter be awarded and issued for the impaneling of juries
within any of the counties of this State, except the county of New
York,- shall have in the body thereof the words following, that is to say
(twelve free and lawful men of your county each of whom shall have in
his own name or right, or in trust for him, or in his wife’s right, a free-
hold in lands, messuages or tenements, or of rents in fee, or for life, of
the value of sixty pounds, free from all reprises, debts, demands, or in-
cumbrances whatsoever.) And in the city and county of New York the
words following, that is to éay (twelve free and lawful men of your city
and county, each of whom shall have, in his own name or right or in
trust for him or in his wifes right, a freehold in lands messuages or ten-
ements, or a personal estate of the value of sixty pounds, free of all
reprizes debts demands or incumbrances whatsoever.) And in the cities
of Albany and Hudson for trials in their respective mayors courts the
words following that is to say (twelve free and lawful men of your city,
276 .
LAWS OF NEW YORK. [CHAR 41.
Sheriﬂ’,
return of
precept of
venire
facias jura-
tores by.
Names to
be inserted
in panel
annexed
to writ.
each of whom shall have in his own name or right, or in trust for him,
or in trust for him,* or in his wife’s right, a freehold in lands, messu-
ages, or tenements, or a personal estate of the value of sixty pounds,
free of all reprises, debts, demands or incumbrances whatsoever.) And
the residue of the said respective writs shall be in the usual form : And
that upon every such writ and writs of venire facias juratores the sheriff,
coroner, or other returning ofﬁcer or ofﬁcers in each respective city and
county, unto whom the making the panel of jurors shall appertain,
shall not return any man in any such panel unless he shall be so quali-
ﬁed as aforesaid.
And be it fnrtker enacted by t/ze aut/zority aforesaid, That every sheriff
and other ofﬁcer to whom any writ or precept of venire facias juratores
shall be directed for the trial of issues in the said supreme court, or in
any of the courts aforesaid, exepct * in Cases where a special jury shall
be struck by order or rule of court, shall upon return thereof annex a
panel to the same writ or precept, containing the names, places of
abode and additions of a competent number of jurors so qualiﬁed as
aforesaid, to serve on juries, not less than forty eight, nor more than
seventy two, without the direction of the judge or judges, justice or
justices, before whom such issue is ‘to be tried, who are hereby respect-
ively empowered and required if he or they see cause, by order under
his or their hands respectively, to direct a greater or less number; and
then such number as shall be so directed shall be the number to be
returned on such jury. And such sheriff or other ofﬁcer shall return a
like panel containing the same names places of abode and additions to
every writ or precept of venire facias juratores, directed to and return-
able by him at the same court; (except in cases where a special jury
shall be struck by order or rule of court.) And in order that such judge
or judges, justice or justices may be the better enabled to direct accord-
ing to the intent of this act what number of jurors are necessary to be
summoned the party or parties in any cause or causes which may be at
issue and to be tried in any of the courts aforesaid, or his or their
attorney or attorneis,* shall at the same time he or they give notice of
trial to the party or attorney on the other side, give the like notice in
writing to the judge or judges, or justice or justices before whom such
suit action or issue is to be tried or is triable.
And be it fart/cer enacted by t/ze aut/zority aforesaid, That the names
of all the persons contained in the panel annexed to the writ of venire
facias juratores need not be inserted in the bodies of the writs of habeas
corpora juratorum, or distringas subsequent to such writ of venire facias
juratores; but it shall be sufﬁcient to insert in the mandatory part of
such writ of habeas corpora juratorum [The bodies of the several per-
sons named in the panel to this writ annexed] and in the mandator
part of such writs of distringas [The several persons named in the
panel to this writ annexed] or words of the like import, and to annex
to such writs respectively, panels containing the same names places of
abode and additions, as were returned in the panels to such venire facias
juratores. And that for the making the returns and the panels afore-
said, and annexing the same to the said respective writs, no other fee or
fees shall be taken than such as are now allowed by law to be taken for
the return of the like writs and panels annexed to the same. And fur-
tker that the parties concerned in any such trials may have timely notice
of the jurors who are to serve upon such trials in order to make their
chalenges to them, if there be cause, every sheriff or other ofﬁcer to

Fees.
Sheriﬂ's to
deliver
copies of
panel to
parties,ete.
* So in original.
can. 41.] NINTH SESSION. 277
whom the return of the venire facias juratores or other process against
them does or may belong shall upon application made to him for that
purpose at any time within ﬁve days next before the day on which such
writ or process is returnable, deliver or cause to be delivered to any
party or parties in any cause or issue to be tried by such jurors, or to
any attorney or agent for any or either of the parties, a true copy of such
panel of jurors certiﬁed under his hand to have been summoned, and
whose names shall be so inserted in the panel annexed or to be annexed
to such writ or process, with their respective places of abode and addi-
tions; Such person or persons so applying for the same paying therefor
to such sheriff or other returning ofﬁcer giving the same, the sum of two
shillings and no more.
And be it fart/ter enacted by the ant/eerily aforesaid, That every suni- Service of
mons of any person so qualiﬁed, to any the services aforesaid, shall be 333133.???“
made by the sheriff or other returning ofﬁcer or his lawful deputy, six
days at the least before the day on which the person so summoned as a
juror ought to make his appearance.
And to the end that the respective sheriffs may be the better enabled Sheriffs to
to summon jurors qualiﬁed according to the intent and direction of this act Be it fart/zer enacted by t/ze aztt/zority aforesaid, That it Shall be, Qualiﬁed
. . . . JllI‘OI‘S an-
and it is hereby made the duty of the sheriff of the city and county of nually.
New York, and of each and every sheriff of each of the other counties
of this State, at their own expence respectively, yearly and every year
to procure a list of the freeholders and others in their respective baili-
wicks qualiﬁed to serve as jurors on trials.
And be itfzcrt/zer enacted by t/ze aat/zority aforesaid, That no man shall Jurors not
be summoned or returned as a juror to serve on trials, unless upon $023,?“
struck juries, at any of the courts aforesaid, who hath or shall have gigécein
. . . . year.
served therein within the space of one year before (the said several
mayors courts excepted). And if any sheriff or his deputy shall will-
fuly transgress therein, the court to which such return shall be made is
hereby authorized and required on examination and proof of such
offence, to set a ﬁne upon such offender for every such offence, not
exceeding forty shillings.
And be it furt/zer enacted by t/ze aatbority aforesaid, That no sheriff Sheriﬂ.’_not
or other ofﬁcer to whom any writ or precept for summoning any jury or 32533313’
inquest shall be directed, or any bailiff or deputy of any such sheriff or excuse per-
. . . . son from
ofﬁcer, shall directly or indirectly take accept or receive any money or Serving as
other reward to excuse any man from serving or being summoned to juror
serve on any jury or inquest, or under that colour or pretence, on pain
of forfeiting ﬁfty pounds for every such offence; the one moiety thereof
to the people of the State of New York, and the other moiety thereof to
any person who shall prosecute for the same to effect, and to be recov-
ered with costs of suit in the inferior court of common pleas of the
county, or any of the said mayors courts where the offence shall have
been committed, by action of debt bill plaint or information wherein no
essoin shall be allowed, nor more than one imparlance.
And be it fart/ter enacted by t/ze azct/zority aforesaid, That upon all Impanel-
trials in any of the courts aforesaid, (except for capital offences or by l‘fEQgQ—“gg,
struck juries, or where views shall have been had) the name of each and every man who shall be summoned and impanelled as a juror upon such '
trial, with his place of abode and addition, shall be written on several
and distinct pieces of paper or parchment being all as near as may be of
equal size, and shall be delivered unto the clerk of the court in which
such trial is to be had, by the sheriff or other ofﬁcer who shall have
returned such jury or his deputy or agent, and shall by direction and
LAWS OF NEW YORK. [CHAR 41.
Penalty for
non-attend-
ance of
juror.
View of
premises in
question
by jury.
care of such clerk be rolled up, all as near as may be in one and the
same manner, and put together into a box, to be by each respective
sheriff provided for that purpose; and when the cause, or any cause or
issue for the trial whereof they are returned as jurors shall be brought
on to be tried, the clerk of the court, or some other indifferent person
by direction of the court, shall in open court draw out twelve of the
said papers or parchments one after another; and if any man whose
name shall be so drawn shall not appear, or be challenged and set aside,
then such further number thereof shall be drawn as shall make up the
number twelve who do appear after all causes of challenge allowed, as
fair and indifferent. And the said twelve men so ﬁrst drawn and appear-
ing and approved as indifferent, shall be sworn, and be the jury to try
such cause or issue, and their names shall be marked in the panel. And
the names of the men so drawn and sworn shall be kept apart by them-
selves in some other box to be provided as aforesaid, and kept for that
purpose untill such jury shall have given in their verdict, and the same
is recorded; or until such jury shall by consent of the parties or leave of
the court be discharged; and then the said names shall be rolled up
again and returned to the former box, there to be kept with the other
names remaining at that time undrawn, and so it shall be done as often
as any cause or issue remains then to be tried; but the names of such as
shall at any time be drawn and shall not appear, or be challenged and
set aside shall immediately after the jury in such case, be sworn, be
rolled up again and returned to the same box with the names at that
time undrawn. And if any cause or issue shall be brought on to be
tried in any of the said courts respectively, before the jury in any other
cause or issue shall have brought in their verdict or be discharged, it
shall and may be lawful for the court to order a jury to be drawn in
manner aforesaid out of the names then remaining in the said ﬁrst men-
tioned box, for the trial of such cause or issue, which shall be so brought
on to be tried.
And ﬁe it further enacted ﬁy the authority aforesaid, That every grand
or petit juror, constable or other ofﬁcer, whose duty it is to attend any
of the courts of record in this State, who shall refuse or neglect to
attend according to his duty shall be liable to be ﬁned by such court in
a sum not exceeding ten pounds; and in every case where such ﬁne shall
be imposed by any of the said courts, such court shall immediately
cause public proclamation of such ﬁne to be made by the crier of the
court and if such delinquent, juror, constable or other ofﬁces who shall
be ﬁned as aforesaid shall not during the term of setting of the said court
in which such ﬁne shall be imposed, shew a satisfactory reason or excuse
to the said court for his default or non-attendance then such ﬁne so
imposed shall be entreated into the court of exchequer, in order that the
same may be levied and paid into the treasury for the use of the people
of this State.
And ﬁe it further enacted ﬁy the authority aforesaid, That in any actions
brought or to be brought in the supreme court or in any of the inferior
courts of common pleas in either of the courts of this State, or in either
of the said mayors courts, where it shall appear to the court in which
such actions are or shall be depending, that it will be proper and neces-
sary that the jurors who are to try the issues in any such actions should
have a view of the messuages, lands or place in question, in order to
their better understanding the evidence that will be given upon the
trials of such issues, in every such case the said respective courts in
which such actions are or shall be depending, may order special writs
of distringas or hebeas corpora juratorum to issue, by which the sheriff
CHAP. 41.] _ NINTH SESSION. 27 9
or other ofﬁcer to whom the~said writ shall be directed shall be com-
manded to have six out of the ﬁrst twelve of the jurors named ‘in the
panel annexed to such writ, or some greater number of them at the
place in question some convenient time before the trial, who then and
there shall have the matters in question shewn to them by two persons
in the said writs named, to be appointed by the court; and the sheriff
or other ofﬁcer who is to execute the said writs, shall by a special return
upon the same, certify that the view hath been had according to the
command of the said writs, and in such case if there is not a struckjury
in such cause, and the parties or their agents or attornies on both sides
shall not mutually agree by writing under their hands on the jurors who
are to have the view, the names of all the jurors returned for the trial
of such cause with their places of abode and additions shall be written on
several and distinct pieces of paper or parchment and rolled up and put
into a box as aforesaid in the presence and by the direction of one of
the judges of the court in which such cause is or shall be depending,
and then the names of so many of them as shall be necessary to go upon
the view but not less than six, shall be drawn out one after another in
the presence of such judge. And the names of the jurors so mutually
agreed upon or ballotted as aforesaid with their places of abode and
additions shall be ﬁrst written on the panel to be annexed to such writs
of habeas corpora juratorum or distringas, and the names of the residue
of the jurors returned for the trial of such cause with their places of
abode and additions shall be written on such panel immediately follow-
ing the names of the jurors so agreed upon, or balloted for the view, in
the same order they may stand in the panel annexed to the venire facias:
And when such cause is brought on to be tried, such of the said jurors
as shall have had the view and do appear, shall be ﬁrst sworn upon the;
jury to try the said cause, before any drawing, and then so many more‘
shall be drawn as aforesaid to be added to the viewers who appear as
shall after all defaults and challenges allowed, make up the number
twelve to be sworn for the trial of such cause. And further that in all
other cases where any of the jurors shall have had the view of the prem-
ises in question or demand by virtue of any writ original or judicial,
such of the jurors as shall have had the view and do appear and are not
challenged or found unexceptionable, shall be ﬁrst sworn, and only so
many drawn or balloted, as to make up the number twelve.
And be it further enacted by the authority aforesaid, That it shall and strnck
may be lawful for the said supreme court, and the several inferior courts Qjiglgfi’ng
and mayors courts herein before mentioned, upon motion, in behalf of andirn-
the people of this State or of any prosecutor or defendant in any indict- paneling of
ment or information, other than for capital offences, or of any plaintiff,
demandant avowant defendant or tenant in any action cause or suit
whatsoever depending, or to be had, brought, prosecuted or carried on
in any of the said courts, and triable by a jury of twelve men, to order
and appoint a jury to be struck for the trial thereof. And in such case
the said courts shall order the sheriff of the proper county, or other
ofﬁcer who ought to impanel the jury in such case to bring into the
ofﬁce of the clerk of the said court at a certain day a book containing
the names of the several persons in his county or bailiwic qualiﬁed to
serve as jurors on such trial, with their places of abode and additions;
and after the return of such book the party applying for such struck jury
shall give due notice to the opposite party, and to the clerk of the said
court, or his deputy, of the time and place of striking suchjury; at
which time and place the clerk of the said court or his deputy shall
attend with the said book, and shall in the presence of the parties, or,
‘280
LAWS OF NEW YORK. [CHAR 41.
Jurors dis—
qualiﬁed in
civil causes
not to be
summoned
in capital
cases.
Actions
between
citizens
and aliens,
juries for
trial of.
Challenges
in prosecu-
tions on
such of them as shall attend for that purpose, copy out of the said book
the names of forty eight such persons, with their places of abode and
additions, as he shall think most indifferent between the parties, and
best qualiﬁed to try such cause or issue ; and then r the party applying
for such struck jury or his agent or attorney shall ﬁrst strike out one of
the said names, and then the opposite party or his agent or attorney
another, and so alternately until each shall have struck out twelve: But
if such opposite party shall not attend such striking, nor any person in
his behalf, then the said clerk or his deputy shall strike for the party
not attending. And when each have struck out twelve as aforesaid, the
remaining twenty four shall be the jury to be returned to try the said
cause or issue. And the clerk of the said court or his deputy shall
thereupon make a fair copy of the names of the same remaining twenty
four persons, with their places of abode and additions, and certify the
sameunder his hand to be the list of jurors struck as aforesaid for the
tryal of such cause or issue, which list shall be delivered to the sheriff
or other ofﬁcer who ought to summon such jury, together with the venire
facias; and such sheriff or other ofﬁcer shall thereupon annex the same
list to such venire facias, and return the same as the panel of the jury
to‘try such cause or issue, and summ'on them according to the command
of the same writ. And upon the trial of such cause or issue there shall
be no balloting, but the jurors so struck shall be called as they stand
upon the panel, and the ﬁrst twelve of them who shall appear and are
not challenged, or shall be found duly qualiﬁed and indifferent, shall be
the jury and be sworn to try the said cause or issue; but the person or
party who shall apply for such struck jury shall bear and pay the fees
for striking thereof, and shall not have any allowance for the same upon
the taxation of costs.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That no sheriff or
other ofﬁcer to whom the return of juries shall or may at any time
belong, shall impanel or return any person or persons to serve on any
jury for the trial of any capital Offence, who at the time of such return
would not be qualiﬁed by virtue of this act to serve as jurors in civil
causes in the supreme court, and the same matter and cause alle-dged by
way of challenge and so found, shall be admitted and taken as a prin-
cipal challenge, and the person and persons so challenged shall and may
be examined on oath of the truth of such matter.
And be it fart/cer enacted by t/ze aut/zority aforesaid, That all manner
ofjuries and inquests hereafter to be taken or made between aliens and
citizens of ‘any of the United States of America, be they merchants or
others, in any court or before any justice or justices, and whether this
State be party or interested, or not, except in cases of treason, the one
half of the jury or inquest shall be citizens of this State, and qualiﬁed by
this act to serve on such juries or inquests and the other half of aliens
if so many aliens and foreigners be in the city county or place where
such jury or inquest is to be taken or made, who be not parties nor with
the parties in the contracts, pleas, quarrels or offences whereof such
juries or inquests are or ought to be taken. And if there be not so
many aliens or strangers then there shall be put on such juries or inquests
as many aliens and strangers as shall be found in the same city county,
or place, which be not thereto parties, nor with the parties as aforesaid,
and the remnant of citizens of this State qualiﬁed by this act to serve on
such juries or inquests, and who shall be good men and not suspicious
to the one party, nor to the other.
And be it fnrt/zer enacted by tke aut/zority aforesaid That in all cases
where the attorney general of this State in behalf of this State, or he
CHAP. 41.] NINTH SESSION.
281
who shall in any case prosecute for the people of this State, shall chal-
lenge any juror as not indifferent or for any other cause, he who shall
make any such challenge shall immediately assign and shew the cause
of such challenge, and the truth thereof shall be inquired of and tried
in the same manner as the challenges of other parties are or ought by
law to be inquired of and tried.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That the ustices
or justice of the supreme court before whom any trial shall be brought
at any of the said circuit courts by virtue of any writ, with a nisi prius,
where a full jury shall not appear or after appearance of a fully jury, by
challenge, the jury is like to be remain untaken for default of jurors, shall
have authority by virtue of this act upon request made for the people
of the State of New York, by any authorized thereunto or assigned by
the justices or justice of the court before whom the inquest is to be
taken, or upon request made by any party who prosecutes as well for
the people of this State as for himself, in any case, or upon request made
by the parties plaintiff demand or avowant or tenant or defendant or
his or their attorney to command the sheriff or other ofﬁcer to whom
the making the return of the said writs shall appertain to name and
appoint as often as need shall require so many of Such other able per-
sons of the said county qualiﬁed to serve on such juries according to
the intent of this act, then present at such circuit court, and to add and
annex their names to the former panel as shall make up a full jury of
twelve men for the tryal of every such issue. And every of the parties
shall and may have his or their challenge to the jurors so named, added
and annexed to the said former panel by the said sheriff or other ofﬁcer,
in such wise as if they had been impaneled upon the venire facias
awarded to try the said issue. And the said justices or justice shall and
may proceed to the trial of every such issue with those jurors that were
before impanelled and returned, and with those newly added and annexed
to the said former panel by virtue of this act, in such wise as he or they
might or ought to have done if all the said jurors had been returned
upon the writ of venire facias awarded to try such issue. And furt/zer
that all and every such trial shall be as good and effectual in the law
to all intents, constructions and purposes, as if such trial had been had
and tried by twelve of the jurors impaneled and returned upon the writ
of venire facias awarded to try such issue. And in case such persons
as the said sheriff or other ofﬁcer shall name and appoint as aforesaid
or any of them after they shall be called, be present, and do not appear,
or after his or their appearance, do willfully withdraw him or themselves
from the presence of the court, that then such justices or justice shall
and may set such ﬁne upon every such juror making default or willfully
withdrawing himself as aforesaid as such justices or justice shall think
good by his or their discretion; the same ﬁne to be levied in such man-
ner and form as issues forfeited and lost by jurors for default of their
appearance are or ought by law to be levied.
And be it fart/ter enacted by t/ze aat/zority aforesaid That if any jurors Bribery of '
- JUI‘OI‘S,
sworn for the trial of any issues or in any assizes or other inquests to be
taken between the people of the State of New York and any party, or
between party and party, shall take any thing by them or other of the
party, plaintiff or defendant, or of any other to give their verdict, and
thereof be found guilty in any court of record either at the suit of the
party that will sue for himself, or for the people of the State of New
York, or any other person, by original writ, bill or plaint, every of the
said jurors shall pay ten times as much as he hath taken, with the costs
of suit, and he that will sue shall have the one half, and the people of
VoL. 2. —36
behalf of
State.
Extra.
panel of
jurors, or-
daring and
summon-
ing of.
penalty.
282
LAws OF NEW YORK. [CHAR 42.
the State of New York the other half: And that all the embraceors that
Embracery bring or procure such jurors or inquests to take gain or proﬁt, shall be
General
and spe-
cial ver—
dicts.
Firemen in
certain
places ex-
empt from
jury duty.
Acts re-
cited re-
pealed.
Preamble:
provisions
of Con-
gress for
pensions to
invalid an
disabled
soldiers.
punished in the same manner and form as the jurors. And if the party
to the plea shall bring any such suit or action, and shall recover therein
he shall, also recover his damages by the assessment of the inquest; and
if the juror or embraceor so found guilty shall not have whereof to
make satisfaction in the manner aforesaid he shall be imprisoned for
one year.
And ﬁe it further enacted ﬁy the authority aforesaid, That no jury
upon any trial hereafter, to be had shall in any case be compelled to
give a general verdict, so that they ﬁnd a special verdict and shew the
truth of the fact, and require the aid of the court or justices. But if
they of their own will, do give a general verdict, their verdict shall be
admitted at their own peril.
Provided always, that this act shall not extend to compel any ﬁreman
of the city of New York, or of the city of Albany, or of the township
of Brooklyn in Kings county, lawfully appointed or to be appointed to
serve as jurors in any case whatsoever.
And ﬁe it further enacted ﬁy the authority aforesaid, That the act
entitled An act concerning the circuit courts, and the act entitled An
act to punish delinquent jurors, constables, and other persons, and all
the laws of the late colony of New York relating to jurors, shall be and
hereby are repealed.
CHAP. 42.
AN ACT making provision for ofﬁcers, soldiers and seamen who
have been disabled in the service of the United States.
PASSED the 22nd of April, 1786.
WHEREAS the United States in Congress assembled, by their act of
the 7th of June 1785, did resolve in the words following, to wit,
“Resolved, That it be, and it is hereby recommended to the several
d States, to make provision for ofﬁcers, soldiers or seamen, who have
been disabled in the service of the United States in the following manner
vizt: Ist. A complete list shall be made out by such person or persons as
each State shall direct, of all the ofﬁcers, soldiers or seamen resident in
their respective States, who have served in the army or navy of the United
States, or in the militia in the service of the United States, and have
been disabled in such service, so as to be incapable of military duty, or
of obtaining a livelihood by labour. In this list shall be expressed the
pay, age, and disability of each invalid, also the regiment, corps or ship
to which he belonged, and a copy of the same shall be transmitted
to the ofﬁce of the secretary at war, within one year after each State
shall pass a law for this purpose, and a like discriptive list of the invalids
resident in the respective States, shall from year to year be annually
transmitted to the ofﬁce of the secretary at war.” “ 2nd. No
ofﬁcer, soldier or seaman, shall be condsidered as an invalid, or entitled
to pay, unless he can produce a certiﬁcate from the commanding ofﬁcer
or surgeon of the regiment, ship, corps or company in which he served,
or from a physician or surgeon of amilitary hospital, or other good and
sufﬁcient testimony, setting forth his disability, and that he was thus
disabled while in the service of the United States.”_.-—“ 3d. That
all commissioned ofﬁcers within the aforesaid description, disabled in
CHAP. 42.] NINTH SESSION. 283
the service of the United States, so as to be wholly incapable of mili-
itary duty, or of obtaining a livelihood, be allowed a yearly pension
equal to half of their pay respectively. And all commissioned ofﬁcers
as aforesaid, who shall not have been disabled in so great a degree, be
allowed a yearly pension which shall correspond with the degree of
their disability compared with that of an ofﬁcer wholly disabled: That
all non-commissioned ofﬁcers and privates within the aforesaid descrip-
tion, disabled in the service of the United States, so as to be wholly
incapable of military or garrison duty, or of obtaining a livelihood by
labour, be allowed a sum not exceeding ﬁve dollars per month: And all
non-commissioned ofﬁcers and privates as aforesaid, who shall not have
been disabled in so great a degree, be allowed such a sum as shall cor-
respond with the degree of their disability, compared with that of a
non-commissioned ofﬁcer or private wholly disabled.”———“ 4th. That
each State appoint one or more persons of suitable abilities, to examine
all claimants, and to report whether the person producing a certiﬁ-
cate, setting forth that he is an invalid, be such in fact, and if such,
to what pay he is entitled; and thereupon, and thereupon,* the persons
appointed to make such enquiry, shall give to the invalid, a certiﬁcate
specifying to what pay he is entitled, and transmit a copy to the per-
son who may be appointed by the State, to receive and record the
same.” “5th. That each State be authorized to pay to the com-
missioned ofﬁcers, non-commissioned ofﬁcers and privates, the sum or
sums to which they shall be respectively entitled, agreably to the before
mentioned certiﬁcates; the said payments to be deducted from the
respective quotas of the States for the year on which they shall be
made. Provided that no ofﬁcer who has accepted his commutation for
half pay, shall be entered on the list of invalids, unless he shall have
ﬁrst returned his commutation.” “ 6th. That any State may form
such invalids under the aforesaid description, as are citizens of the
same, and are capable of garrison duty, into corps, to be employed in
guarding military stores, aiding the police, or otherwise, as the State
may direct.”—-——“ 7th. That when invalids shall be formed into corps,
there be quarterly returns, comprehending the pay, age, disability regi-
ment, ships or corps to which they severally belong, made out and
assigned by their commanding ofﬁcer, and transmitted to such person
or persons, as the State shall direct, that their pay may be ordered
according to said return.”————“8th. That all invalids, as well those
formed into corps, as those who are not, shall annually apply themselves
to a magistrate of the county in which they reside, or may be stationed,
and take the following oath viz: A. B. came before me, one of the
justices for the county of in the State of and made
oath, that he was examined by appointed by the said State
(or Commonwealth) for that purpose, obtained a certiﬁcate, or had his
certiﬁcate examined and countersigned setting forth that he had served
in that he was disabled by and that he now lives in the
and in the county of ”———“ 9th. That the afﬁdavits,
drawn according to the above form, and dated and attested by a magis-
trate, be sent by the said magistrate, to the person or persons appointed
by the State, to receive and record the same, and that a counterpart of
the afﬁdavit, be preserved by the person taking it, to be exhibited to
such persons, as shall be appointed by the State to pay the invalids.”
Therefore in order to comply with the said act of Congress.
Be it enacted by the People of the State of [Vew Yorh, represented in Persons
. . ' ted
Senate and Assembly, and it is hereby enacted by the authority of the same, ﬁggglarinine
That the governor or person administering the government of this State 553333,,

* So in original.
284 LAWS OF NEW YORK. [CHAR 42.
for the time being Richard Varick and Richard Platt Esquires or any
two of them in the city of New York, and Abraham Ten Broeck, Peter
Gansevoort junr. and Philip Schuyler Esquires or any two of them in
the city of Albany be, and they hereby are authorized and empowered,
to examine all persons resident in this State and claiming relief under
the said act of Congress, whether the person producing a certiﬁcate that
he is an invalid, be such in fact and if such, to what pay (upon the
principles of the said act of Congress) he is entitled; and shall there-
upon give to such invalid a certiﬁcate specifying to what pay he is
entitled, and transmit a copy thereof to the auditor of this State for this
time being, who is hereby directed to receive and record the same. Pro-
vided always that it shall and may be lawful to and for the persons above
designated and maned, or any two of them to call to their assistance
such and so many surgeons and physicians as they may from time to
time think proper, and to examine any such claimant and any other
person or persons whom they may think proper on oath or afﬁrmation
concerning any such claim.
Oath to be And be it fart/ter enacted by t/ze ant/zority aforesaid, That all such
giléggggrs. invalids as may reside within this State, shall annually, between the ﬁrst
' day of April and the ﬁrst day of june, apply themselves to a magistrate
of the county in which they respectively reside or may be stationed, and
take an oath in substance, as contained in the following form of an afﬁ-
davit, to wit, A. B. came before me one of the justices for
the county of in' the State of New York, and made oath
that he was examined by appointed by ‘the said State for
that purpose, obtained a certiﬁcate, or had his certiﬁcate examined and
countersigned, setting forth that he had served in that he
was disabled by and that he now lives in the
and in the county of .
Oaths ﬁled And be it fart/cer enacted by t/ze ant/zority aforesaid, That the afﬁda-
with - .
auditor, vits so drawn according to the above form, and dated and attested by
the justice before whom the same may be taken, shall be sent by the
said justice to the auditor of this State for the time being, who is hereby
required to receive and record the same. And that a counterpart of
such affidavit be delivered by the said justice to the person making the
same, to be by him exhibited to the treasurer of this State.
Auditor to And be it fart/ter enacted by t/ze ant/zority aforesaid, That the auditor
transmit of this State for the time being, be and he hereby is required and
list of , . . .
pensioners directed, to make out a compleat list of all such disabled ofﬁcers, soldiers
:gr§,e§§§fa,._ and seamen resident in this State, who according to the tenor of the said
act of congress, are to be considered as invalids and entitled to pensions;
in which list shall be expressed the pay, age, and disability of each
invalid, also the regiment corps or shij: to which he belonged, one copy
of which list, the said auditor shall as soon as may be transmit to the
ofﬁce of the secretary at war and another to the treasurer of this State.
Andfnrt/zer that the auditor of this State for the time being, shall yearly
and every year transmit to the ofﬁce of the secretary at war, a like
descriptive list of the invalids resident in this State, and a copy thereof
to the treasurer of this State.
Treasurer And be it fart/ter enacted aforesaid, That it shall and may be lawful
$01,123’ pew for the treasurer of this State for the time being, on the ﬁrst Monday of
z'ﬁgrllg'szn June in every. year, or as soon thereafter as may be, upon having received
Monday of from the auditor of this State, the list herem before directed to be
June‘ delivered him, to pay to the said invalids, the pensions or sums, to
which they shall be respectively entitled, according to the certiﬁcates
and lists aforesaid, the said invalids ﬁrst exhibiting to the treasurer the
CHAP. 43.] - NINTH sEssIoN. 285
afﬁdavits in the form aforesaid, by them respectively made in the month
of April or month of May then last past, and to charge such sum or
sums as paid to the United States, to be deducted from the quotas of
this State, agreably to the above recited act. Provided always that the
said treasurer, shall not pay any of the said invalids for any period for
which they respectively may have been settled with, in pursuance of
any former law of this State.
And be it fart/ter enacted by the authority aforesaid, That the act Acts
entitled “An act to cary into execution certain resolutions of Congress 155235,,
making provision for persons, who may become disabled while in the
service of the United States “passed the 10th of March 1779,” and the
act entitled “An act for making further provision for persons who have
or may become disabled while in the service of the United States
“ passed the 18th of March 1783,” be and the same are hereby repealed,
as far as respects pensions or allowances on account of disability after
the ﬁrst day of June last.
CHAP. 43.
AN ACT for the more effectual prevention of ﬁres in the city
of New York.
PAssED the 22d of April, 1786.
WHEREAS the storing of pitch, tar, turpentine, rosin, spirits of tur- Preamble.‘
pentine, linseed oil, or shingles in any houses, store houses, cellers or
other places within this city, may be of very bad consequence in case
of ﬁre breaking out at or near the place, where any such commodities
are stored.
And whereas the ﬁring and discharging of guns, pistols, rockets, Inﬂam-
crackers, squibs and other ﬁre works in the city of New York, may not $23522?“
only do personal injury to the inhabitants and others, but the city be ,Storine 0f,
in danger of being set on ﬁre by such practices; for remedy whereof. if‘mig‘gity
Be it enacted by the People of tbe State of New York represented in lg‘ggﬁ‘ted
Senate and Assembly, and it is lzereby enacted by t/ze ant/zority of the same, speciﬁed.
That from and after the ﬁrst day of June next, no pitch, tar, turpentine,
rosin,\spirits of turpentine, linseed oil, or shingles, shall or may be put in
any place in the city of New York to the southward of fresh water,
other than in such proper place or places as shall be appointed and
approved of by the mayor aldermen and commonalty of the city of
New York, in .common council convened, under the penalty of ten
pounds for every offence or refusal to remove the same, to be levied by
warrant under the .hand and seal of one or more justices of the peace
for the city and county of New York, by distress and sale of the goods
and chattels of the offender upon due conviction upon oath, or upon
the view of one or more of such justices of the peace, rendering the
overplus (if any be) to theowners: And for want of such distress, the
offender shall be imprisoned by warrant from the said justice or jus-
tices, who are hereby impowered and required to issue such warrant
until payment as aforesaid ; which said forfeitures shall be paid to the
chamberlain of the city of New York for the time being, for the use of
the poor of the said city. Provided always that it shall and may be
lawful to and for such inhabitants of the said city, who are ship chand-
lers, to have near their doors in the open street, and not in any building
286
LAWS OF NEW YORK. [CHAR 44.
Discharge
of ﬁre-
works in
part of city
speciﬁed,
penalty
for.
Colonic,
cleaning
and clear-
ing of
streets in,
provisions
for.
or inclosure, a small quantity of pitch, tar, rosin and turpentine, not
exceeding in the whole at any one time, twenty barrels, in order the
more readily and handily to supply the merchant ships and others, who
may have occasion for small quantities of such commodities, any thing
herein before contained to the contrary hereof in any wise nothwith-
standing. '
And ﬁe it further enacted ﬁy the authority aforesaid. That if any person
or persons of what age sex or quality soever, from and after the said
ﬁrst day of june next, shall ﬁre and discharge any gun, pistol, rocket,
cracker, squib or other ﬁre work, in any street, lane or alley, garden or
other inclosure or from any house, or in any other place where persons
frequently walk, to the southward of fresh water ; that then every such
person or persons so offending and‘ being thereof convicted before one
or more justice or justices of the peace, for the said city, and county of
New York, either by the confession of the party or parties so offending
or the oath of one or more witness or witnesses (which oath the said
justice or justices of the peace is and are hereby impowered and re-
quired to administer) shall for every such offence forfeit the sum of
twenty shillings, the said forfeitures to be levied by distress and sale of
the goods and chattels of every such offender by Warrant under the
hand and seal of the said justice or justices of the peace before whom
such conviction or convictions, shall be as aforesaid made ; which for-
feiture shall be paid to the said chamberlain for the use of the poor of
the said city of New York. And if the said offenders shall not pay
the said forfeiture or' forfeitures, upon conviction as aforesaid, and want
of sufﬁcient distress whereon the same can be made, that then every
such justice or justices of the peace is and are hereby impowered and
required by warrant under his or their hands and seal to commit every
such person or persons so as aforesaid offending, to the common gaol
of the city and county of New York, there to remain without bail or
mainprize for the space of ten days, unless such forfeiture or forfeitures
be sooner paid; but in case such offender or offenders, in the premises
last above mentioned, shall happen vto be a slave or slaves, and the for-
feiture or forfeitures aforesaid, shall not be forthwith paid, that then it
shall and may be lawful to and for such justice or justices before whom
the conviction shall be, to cause such slave or slaves to be publicly
whipped on the naked back, such number of stripes as he or they shall
think proper, not exceeding ‘thirty nine which punishment shall be in
lieu and stead of the said forfeiture. '
GHAP. 44.
AN ACT for keeping the highway in that part of the manor of
Rensselaerwyck called the Colonic in repair.
PAssED the 22d of April,'1786.
Be it enacted ﬁy the People of the State of New York represented in
Senate and Assemﬁly and it is hereﬁy enacted ﬁy the authorip/ of the same
That it shall and may be lawful to and for the overseers of the highway
to be elected in the manner herein after mentioned respectively from
time to time to direct all and every person and persons being inhabi-
tants of that part of the west district of the manor of Rensselaerwyck
lying to the northward of the city of Albany and to the southward of
can. 44.] NINTH SESSION. 287
Vater Vliet commonly called the Colonie, or holding any lots of ground
in the same to clear or clean the streets or highways directly opposite
to the lots of ground owned or possessed by such person or persons
respectively to the middle of such streets or highways and to remove all
ﬁre wood, stones or any other thing whatsoever which may at any time
be placed or conveyed on or into such part of any such streets or high-
ways, which he she or they are hereby required to clear and clean (the
necessary materials for building any dwelling house only excepted).
And if any such person or persons when thereunto required by the said
overseers or either of them shall neglect or refuse for the space of three
days being so required to clear or clean such streets or to remove any
ﬁre wood, stones or other things as aforesaid the person or persons shall
for every day he, she, or they shall so neglect or refuse; forfeit and pay ~
the sum of three shillings to be recovered and applied in the manner
herein after directed.
And be it further enacted by the authority aforesaid That each and Streets to
every person, being an inhabitant of the said Colonie shall from time to 2?, giggle
time within two months after notice shall be given to them respectively from ever-
by the said overseers pave or cause to be paved with stones or pebbles 23238;”,
in such manner as the said overseers shall direct opposite their respect-
ive lots of ground the said streets or highways not exceeding ﬁfteen feet
in breadth and that all and every person and persons not being an inhab-
itant or inhabitants of the said Colonie but holding or possessing any
real estate or lot of ground therein shall within two months after they
shall be respectively required thereunto by any of the said overseers,
lay with gravel in such manner as the said overseers shall direct not
exceeding ﬁfteen feet in the streets or high ways opposite their respect-
ive real estates or lots of ground; and if any person shall neglect or
refuse to comply with the directions of any of the said overseers respect-
ing paving or laying the streets or highways with gravel he or she so
offending shall forfeit and pay for every month he or she shall so neg-
lect or refuse the sum of twenty shillings.
And be it further enacted by the authority aforesaid That the said Streets to
overseers shall from time to time direct the said streets or high ways to beleveled'
be levelled by the persons who are by this act compelled to clear or
clean the same in such parts as they are hereby respectively required. to
clear or clean the same in such manner as to the said overseers shall
appear most promotive of public convenience; and if any person shall
neglect or refuse to comply with the directions of the said overseers
given in pursuance of this clause, he or she so offending shall for every
month he or she shall so neglect or refuse forfeit the sum of ten shil-
lings.
And be it further enacted by the authority aforesaid, That every person _Fast driv-
or persons who shall ride or drive with any carriage or horse or horses ing-$3,?
thro’ any of the said streets or highways or any part thereof so paved a???
or gravelled as aforesaid, or in any other part of such streets or high for. y
ways, faster than a common trot shall, for every such offence, forfeit the
sum of three shillings.
And be it further enacted by the authority aforesaid That it shall and Overseers
may be lawful to and for the freeholders and inhabitants of the said gfaiifillgc-
Colonie at their annual election for town ofﬁcers, yearly to elect two 510“ 0f-
freeholders to be overseers of the highways to carry this act into effect. Fineq and
And be it further enacted by the authority aforesaid That every ﬁne penalties
and penalty incurred in pursuance of this act shall and may be sued for {gcg’ov‘gged
and recovered by the overseers aforesaid in their names before any jus- highway
tice of the peace of the county of Albany and when so recovered shall iﬁﬁﬁndge
LAWS OF NEW YORK. [CHAR 45.
Preamble.
Meadows
in New-
town to be
drained.
Persons to
be chosen
to superin-
tend drain-
ing, appor-
tion ex-
pense, etc.
be retained by the said overseers to be applied to the special purpose
of constructing bridges in the said Colonie and after such bridges shall
be compleated to improving and amending the said street, or highways
in such manner as the said overseers shall from time to time deem
proper-
#
—___—__-
CHAP. 45.
AN ACT for the more effectual draining a certain tract of
meadow land in New Town in Queens county.
PAssED the 22d of April, 1786.
WHEREAS there is a certain tract of meadow in New Town in Queens
county which is often covered with water for want of being properly
drained. And w/zereas Charles Roach and others inhabitants of New
Town aforesaid by their petition to the legislature in the present session
have prayed that the owners of the said meadow may be compelled to
drain the same ; Therefore
Be it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly and it is kereby enacted by t/ze authority of t/ze same
That the owners or proprietors of the said meadow shall cause the same
to be drained by making and keeping properly cleared a sufﬁcient ditch
for that purpose from the upland of the said Charles Roach to the
division line between Abraham Rapelje and Ann Fish and running as
the main ditch now does through the said meadow. And further that
each and every owner or proprietor of any part of the said meadow
shall from time to time at his or her own expence cause his or her pro-
portionable part of the said ditch to be made and properly cleared
according to his or her right interest or share of or in the said meadow.
And be it fart/cer enacted by t/ze azct/zority aforesaid That it shall and
may be lawful for the owners or proprietors of the said meadow for the
time being to meet together at the dwelling house of Gabriel Smith in
New Town aforesaid on the ﬁrst Tuesday of june next and yearly and
every year thereafter on the ﬁrst Tuesday in May yearly at such place
in New Town aforesaid as shall be appointed for that purpose by a
majority of them at their ﬁrst or any other annual meeting and then
and there to elect and chuse such or so many person or persons to
superintend and direct the making and clearing such ditch as the said
owners or proprietors or the major part of them so met together shall
think proper and such person or persons so elected and chosen shall '
from time to time whenever it shall be necessary direct how much and
what part of the said ditch each and every owner or proprietor of the
said meadow shall make or clear and in what manner the same shall be
made or cleared and give notice thereof to them respectively in Writing
or cause such notice to be ﬁxed up in some public place in New Town
aforesaid and if any or either of such owners or proprietors shall not
within ﬁfteen days after such notice make or clear his or her part of the
said ditch then the person or persons so elected and chosen shall and
may cause the same to be done and the expence thereof shall be paid
by the owner or proprietor who ought to have done the same and the
person or persons so elected and chosen are hereby authorised to sue
for and recover such expence by action of debt with costs of suit
before any justice of the peace in the county aforesaid but in case any
CHAP. -46.J NINTH sEssIoN. 289
such owner or proprietor is or shall be under age or out of the said
county then it shall be lawful for the said person or persons so elected
and chosen to take and receive the rents or proﬁts of the part or share
of the said meadow belonging to such person or persons so under age
or absent to the amount and in payment of the said expence.

CHAP. 46.
AN ACT to amend an act entitled An act for building a court
house and gaol in Queens county and for repairing the court
house and gaol in Suffolk county and for other purposes.
PASSED the 25th of April, 1786.
WHEREAS by an act entitled An act for building a court house and Preamble.
gaol in Queens county and for repairing the court house and gaol in
Suffolk county and for other purposes passed the thirty ﬁrst day pf
March in the year of our Lord one thousand seven hundred and eighty
ﬁve it was enacted that the supervisors of the several towns and dis-
tricts in the said county for the time being should and they were thereby
authorised and required to direct to be raised and levied on the free
holders and inhabitants of the said county a sum not exceeding two
thousand pounds for building a court house and gaol in the said county.
And w/zereas the persons appointed in and by the said act to superin-
tend and direct the building of the said court house and gaol in the
said county of Queens have proceeded so far in the said business that
the house for the purpose has been raised and inclosed but no part of
the monies directed by the said act has been raised or levied. And
w/zereas many of the freeholders and inhabitants of the said county
of Queens have petitioned the legislature in the present session praying
that the said house may be removed and put in a more suitable and
convenient place ; Therefore ~
Be it enacted by t/ze People of the State of New Yor/e represented in Queens
Senate and Assembly and 2t zs lzereby enacted by t/ze aat/zorzty of tbe same, $332,232“.
That it shall and may be lawful for the judges of the court of common Supervisors
pleas in and for Queens county aforesaid and the supervisors of the $332321,
said county for the time being or the major part of them, either to ffcourt'
. . . 101188 and
cause the said house to be removed and put and ﬁnished in a more gaol; mon-
convenient place or to be ﬁnished where it now stands, as to them or L‘fb‘fgg;
the major part of them shall seem most proper and for the best advan-
tage and convenience of the freeholders and inhabitants of Queens
county aforesaid and to apply for that purpose all such monies as now
are or hereafter may be in the hands of the treasurer of Queens county
aforesaid by virtue of an act entitled An act for the more effectual col-
lection of the arrears of taxes passed in the present sessions of the
legislature and not otherwise appropriated. And if the said monies
shall not be sufﬁcient for the purposes aforesaid then it shall be lawful
for the supervisors of Queens county aforesaid or the major part of
them to cause so much of the said sum of two thousand pounds but
not exceeding the sum of eight hundred pounds as the said judges and
supervisors or the major part of them shall think necessary for the pur-
poses aforesaid, to be assessed raised levied and collected in the manner
the necessary and contingent charges of the said county are or ought
to be assessed raised levied and collected and to be paid into the hands
VOL. 2. -— J7
290 LAWS OF NEW YORK. [CI-PAP 47.
of the treasurer of Queens county aforesaid at such time as the said
judges and supervisors or the major part of them shall direct.
Treasurer And ﬁe it further enacted ﬁy the authority aforesaid That the treasurer
$012,223; on of_ Queens county aforesaid shall and heis hereby required to pay the
warrant of said monies so in his hands and the monies so to be raised as aforesaid
gﬂgiifii‘gt‘d in such manner as the said judges and supervisors or the major part of
("5- them shall from time to time by warrant under their hands and seals
direct and appoint. '
Meeting of And ﬁe it further enacted ﬁy the authority aforesaid That the said
gﬁgiﬁii'g‘i‘d judges and supervisors shall meet together for the purposes aforesaid on
glésiawhere the ﬁrst Tuesday in June next, at the house of Benjamin Cheesman in
' North Hempstead, and it is hereby made the duty of the clerk of the
supervisors to give them notice thereof; and it shall and may be lawful
for the said judges and supervisors or the major part of them so met to
adjourn to any other time, and further to adjourn from time to time as
they may think proper.
Orange And ﬁe it further enacted ﬁy the authority aforesaid That the sheriff
3833?’ of the county of Orange with Henry "Wisner Esquire and Coe Gale
1332:? merchant, of the said county, may cause a yard to be made adjoining
the court house in Goshen in the county aforesaid, in such manner as
they or the survivors or survivor of them may think proper, and the ex-
pence of making the same shall be levied and paid by the precincts of
Goshen and Cornwall in the said county in the same proportions as the
other contingent charges of the said precincts are levied and paid.
CHAP. 47.
AN ACT to naturalize the persons therein named.
PASSED the 25th of April, 1786.
Preamble; WHEREAS Peter McDougal, James Brebner, Alexander Riddle, Andrew
Bglfggf’lsf’f Brown, Hugh Henderson, Thomas Vaughan James, John Robertson,
petitioning James Philips, John Goodeve, Alexander Lindsay, George Barnewall,
3122,32,“; John Given, James Caldwell junior, William McMath, John Cary, John
Stuart, John McDonald, Conrad Beehrig, Samuel Kerr, James Saidler,
George Shea, John McCarthy, Stephen Menton, George Courtauld,
'William Hill, George Syder, Henry Sadler, William Bailie, Carlile Pol-
lock, George Pollock, William Makee, James Mason, Hugh Smith, John
Sullivan, Gibbon Bourke, Andries Morris, Charles Maylon, John Camp-
bell, David Reedy, Francis I’ans, John Turner junior, Johannes Henri-
cus, Andries Mynants, John Tatton, Louis Chollet, Frederick Chollet,
Henry Pope, Thomas Price, Alexander Carens, Nathaniel Osborne,
David C. Franks, William Kidson, Dirck Zeeman, Fox Smith, Philip
Boyd, John Perken, Alexander McAuley, John Franklin, Christopher
Smith, George Fisher, Peter Ropp, Samuel Norton and Martha his
wife, Samuel Judah, James Macombe, Robert Willson, James McKeoun,
James Inglis, John Johnson, Marin Francis Durand, Christopher Kins-
man, \Nilliam Wade, Andrew Stroudman, John F entfreyde, Peter Sailley,
James Rousse, Duncan McLaran, Hugh Chalmers, John Houlroyd,
Joseph Hudswell, James Forrest, John Hudswell, John Carey, James
McIntosh, James Grant, Henry Asdore, John Keyser, Lewis Dixon,
Thomas Warr and Samuel Kelly, have by their several petitions prayed
to be naturalized.
(IHAP. 48.] NINTI-l SESSION. ~ 291
Be 2'! eaaez‘ea’ by z‘lze People of {be Sz‘az‘e of New Yarb, represem‘ed 2'72 Persons
Senate ana7 Assembly and 2'! is Izereby eaaez‘ea’ by tile aut/zarz'zfy 0f {be same 3231331;
That the above named persons shall be and they are hereby respectively ized; oath
naturalized, and shall from and after having taken and subscribed in ggggligige
any court of record within this State, the oath of allegiance to this State taken-
and abjur'ed and renounced all allegiance and subjection, to all‘ and
every foreign king, prince, potentate and State, in all matters ecclesias-
tical as well as civil, be deemed citizens of this State to all intents, con-
structions and purposes whatsoever, and that the court in which any of
the persons hereinbefore mentioned, shall be admitted to take such oath,
shall cause an entry thereof to be made in the minutes of the said court
in pursuance of this act, and such persons upon taking such oath shall
respectively pay to the judges of such court six shillings and to the
clerk thereof three shillings,proziz'a’ed always
A 12a’ be if fart/2e?’ marred by t/ze aaﬂzorz'z‘y aforesaid, That such of the If oath not
persons above named and hereby naturalized as shall not take the oath ‘51689613,
of allegiance and abjuration aforesaid in manner herein before directed act Inf3t to
within twelve calendar months next after the passing of this act shall app 3'
have no manner of beneﬁt by this act any thing herein contained to the
contrary notwithstanding.
Ana’ be 22‘ fZU’f/M?’ enactea’ by [be aaz‘barz'zj/ aforesaid, That John Leake Children of
Norton, Robert Burridge Norton and Samuel John Leake Norton, chil-
.dren of the said Samuel Norton and Martha his wife, shall be and each may take
. . . oath 0n
and every of them 15 and are hereby naturalized to all intents, construc- arriving at
tions and purposes whatsoever and from henceforth and at all times igggegfn
hereafter shall be entitled to and have and enjoy all the rights, liberties, age.
privileges and advantages which the citizens of this State have and
enjoy or ought to have and enjoy as fully to all intents and purposes
whatsoever as if all and every of them had been born in this State; pro-
w'a’ea’ always that the said John Leake Norton, Robert Burridge Norton,
and Samuel John Leake Norton shall respectively take the oath of alle-
giance and abjuration aforesaid within one year after they shall respect-
ively arrive to the age of fourteen years.
Ana’ be if farz‘lzer ezzaez‘ea’ by Z/ze aai/zarz'zy afaresaz'a’, That any lands Lands
tenements or hereditaments purchased within this State previous to the {$335313
passing of this act, by any of the persons hereinbefore mentioned, shall Eglgggsggi
not on account of souch purchase being previous to the passing of this to escheat.
act, escheat to the people of this State, but shall rest in such purchaser
in the same manner as if such purchaser had been naturalized at the
time of such purchase any thing in any law to the contrary notwith-
standing.
CHAP. 48.
AN ACT acceding to the acts of Congress of the twenty seventh
of September and the twelfth of October one thousand seven
hundred and eighty ﬁve.
PASSED the 28th of April, 1786.
WHEREAS the United States in Congress assembled in and by their Preamble.
act of the twenty seventh of September one thousand seven hundred
and eighty ﬁve among other things made a requisition on this State for
the sum of two hundred and ﬁfty siX thousand four hundred and eighty
six dollars, in such manner that the one third of which sum being paid in
292
LAWS OF NEW YORK. [CHAR 48.
Act of
Congress
acceded
t0 .
Treasurer
to pay
sums speci-
ﬁed to
United
States.
Deﬁciency
in certiﬁ—
cates to be
paid in
specie.
actual money, the other two thirds may be discharged by the interest
due upon loan ofﬁce certiﬁcates and upon other certiﬁcates of the liqui-
dated debts of the United States. Therefore
I. Be it enacted by t/ce People of tbe State of New York represented in
Senate and Assembly, and it is bereby enacted by t/ze authority of tbe same,
That the said act of Congress of the twenty seventh of September one
thousand seven hundred and eighty ﬁve, so far forth as the same relates
to this State be, and the same is hereby fully acceded to.
II. And be it fnrt/zer enacted by t/ze antkority aforesaid That the treas~
urer of this State shall be and he is hereby required to pay to the Con-
tinental loan ofﬁcer within this State or to the order of the United
States in Congress assembled on or before the ﬁrst day of May next,
out of any money which may be in the treasury of this State, the one
third part of the said sum of two hundred and ﬁfty six thousand, four
hundred and eighty six dollars in gold or silver coin, amounting to
eighty ﬁve thousand, four hundred and ninety ﬁve dollars and thirty
ninetieths of a dollar, and the other two thirds of the said sum of two
hundred and ﬁfty six thousand, four hundred and eighty six dollars,
amounting to one hundred and seventy thousand, nine hundred and
ninety dollars and sixty ninetieths of a dollar, in the certiﬁcates to be
issued in payment of the interest of the domestic debt of the United
States previous to the ﬁrst of january one thousand seven hundred and
eighty ﬁve, conformable to the said requisition of Congress dated the
twenty seventh of September one thousand seven hundred and eighty
ﬁve. And the treasurer of this State is hereby required from time to
time to transmit to the Continental loan ofﬁcer within this State all such
loan ofﬁce certiﬁcates issued out of the said loan ofﬁce, as now are or
hereafter from time to time shall come into his hands, and all other cer—
tiﬁcates of liquidated debts of the United States, which by any law of
this State are or may be receiveable in the treasury, and have the inter-
est settled and certiﬁed agreeable to the directions in the aforesaid act
of the United States in Congress assembled of the twenty seventh of
September one thousand seven hundred and eighty ﬁve. And also to
transmit all such loan ofﬁce certiﬁcates as have been issued out of the
loan ofﬁces of any other of the United States, and which now are or
hereafter may from time to time come into his hands, to the loan ofﬁces
from which such loan ofﬁce certiﬁcates respectively issued, and to have
the interest settled and certiﬁed as by the said act of Congress is directed.
And the interest due on all such loan ofﬁce certiﬁcates as aforesaid and
upon all other certiﬁcates of the liquidated debts of the United States
so settled and certiﬁed as aforesaid to pay towards the discharge of the
said sum of one hundred and seventy thousand nine hundred and ninety
dollars and sixty ninetieths of a dollar, being the two thirds of the above
mentioned requisition'.
'And for preventing the depreciation of certiﬁcates to be issued in
pursuance of the said act of Congress of the twenty seventh of Septem-
ber one thousand seven hundred and eighty ﬁve.
III. Be it fart/ter enacted by tlze ant/torily aforesaid, That if on the
ﬁrst day of january one thousand seven hundred and eighty seven cer-
tiﬁcates so to be issued as aforesaid to the amount of the said sum of
one hundred and seventy thousand nine hundred and ninety dollars and
sixty ninetieths of a dollar shall not be in the hands of the treasurer of
this State or shall not by him before that time be paid to the Continen-
tal loan ofﬁcer within this State, or to the order of the United States in
congress assembled, the deﬁciency shall be paid into the Continental
treasury or to the order of the United States in congress assembled, in
CHAP. 49.] NINTH SESSION.
293
specie, by the treasurer of this State out of any monies which may be
in the treasury. ‘
And whereas, the United States in congress assembled by their act of
the twelfth of October one thousand seven hundred and eighty ﬁve
required such of the States as were deﬁcient in paying their respective
quotas of the interest of the domestic debt pursuant to the requisition
of the fourth of September one thousand seven hundred and eighty two,
and the twenty seventh and twenty eighth of April one thousand seven
hundred and eighty four to collect and pay into the public treasury the
amount of such deﬁciencies either in certiﬁcates to be issued by the
commissioners of the Continental loan ofﬁcers pursuant to the requisi-
tion of the twenty seventh of September 1785 for the payment of the
said interest, or in specie; to be applied to the redemption of such cer-
tiﬁcates: and w/zereas the deﬁciency of this State upon the said requisi-
tion is ﬁfty four thousand dollars, the quota of one million, two
hundred thousand dollars apportioned to this State by the act of cong-
ress of the fourth of September, one thousand seven hundred and eighty
two.
IV. Be it enacted by t/ze aat/zorizy aforesaid, That the treasurer of this Deﬁciency
State be and he is hereby required to pay into the treasury of the United
States or to the order of the United States in congress assembled in any
certiﬁcates to be issued by the commissioners of the Continental loan
ofﬁces pursuant to the requisition of the twenty seventh of September
one thousand seven hundred and eighty ﬁve, the said sum of ﬁfty four
thousand dollars required of this State by the aforesaid act of the twelfth
of October one thousand seven hundred and eighty ﬁve, being the
quota of one million two hundred thousand dollars apportioned to this
State by the aforesaid act of the fourth of September one thousand
seven hundred and eighty two, and the whole of the deﬁciency of this
State upon the said requisition of the fourth of September one thousand
seven hundred and eighty two and the twenty seventh and twenty
eighth of April one thousand seven hundred and eighty four.
CHAP. 49.
AN ACT supplementary to the act entitled “An act to appoint
agents or commissioners for vindicating the right and jurisdic-
tion of this State against the claims of the Commonwealth of
the Massachusetts, pursuant to the Articles of Confederation,
and perpetual Union of the United States.”
PASSED the 28th of April, 1786.
I
WHEREAS in and by the act entitled “An act to appoint agents or com—
missioners for vindicating the right and jurisdiction of this State against
the claims of the Commonwealth of the Massachusetts, pursuant to the
Articles of Confederation and perpetual Union of the United States”
passed the 12th of November 1784,” James Duane, John Jay, Robert
R. Livingston, Egbert Benson and Walter Livingston Esquires were
declared to be agents for this State, in the controversy between this State
and the Commonwealth of the Massachusetts as mentioned in the said
act. And w/zereas the said John Jay and Walter Livingston have
informed this legislature, that they cannot attend the duties required of
them by the said act, by reason of the ofﬁces they severally hold under
of $54,000
to be paid
certiﬁ-
Preamble.
294
LAWS OF NEW YORK. [CHAR 50.
John
Haring et
al appoint-
ed agents
in Massa-
chusetts
contro-
versy.
£4,000to
be paid
agents.
the United States, and have requested to resign their appointments as
agents in the controversy aforesaid, whereby it is become necessary, that
other persons be appointed in the place of the said John Jay and Walter
Livingston. Therefore
Be it enacted ﬁy the People of the State of New Yorh represented in
Senate and Assenzﬁly, and it is hereﬁy enacted ﬁy the authority of the same,
That John Haring Melancton Smith Robert Yates and John Lansing
Junior Esquires be, and they are hereby appointed and declared to be
agents, in the place of the said John Jay and Walter Livingston, for
this State in the controversy aforesaid. And in order that the said con-
troversy may be brought to a speedy issue.
Be it further enacted ﬁy the authority aforesaid, That the said James
Duane, Robert R. Livingston, Egbert Benson, John Haring Melancton
Smith, Robert Yates and John Lansing Junior or such of them as shall
attend the tryal of the controversy aforesaid, at the Federal court
appointed to determine the same, have a credit on the treasury, for a
‘ sum not exceeding four thousand pounds, to be paid them by the treas-
Agents to
settle con-
troversy as
may seem
best.
Preamble.
urer of this State on account.
And ﬁe it further enacted ﬁy the authority aforesaid, That it shall and
may be lawful for the said James Duane Robert R. Livingston, Egbert
Benson, John Haring Melancton Smith, Robert Yates and John Lansing
Junior or any ﬁve or more of them, to settle the said controversy
between this State and the Commonwealth of the Massachusetts other-
wise than by the said Federal court as mentioned in the said act, in such
manner as they shall judge most conducive to the interest of this State-
CHAP. 50.
AN ACT supplementary to an act entitled “An act to appoint
commissioners to settle and adjust any differences which may
arise between the proprietors of certain lots in the city of New
York the buildings whereof were burnt in the year 1776, and
for altering the streets which heretofore were laid out adjoining
to such lots.”
PAssEn the 28th of April, 1786.
vVHEREAS it is represented by the mayor aldermen and commonalty
of the city of New York in common council convened, that in pursu—
ance of the law of this State entitled “ An act to appoint commissioners
to settle and adjust any differences which may arise between the pro-
prietors of certain lots in the city of New York, the buildings whereof
were burnt in the year 1776', and for altering the streets which hereto-
fore were laid out adjoining to such lots passed the 4th day of May
1784,” the corporation did appoint Peter Van Brugh Livingston, Leon-
ard Lispenard, Abraham Lott, Henry Remsen and Gerard Bancker
Esquires, as commissioners for laying out the streets in such parts of'
the said city, as have been destroyed by ﬁres which have happened
therein during the late war; that among other streets, the said commis-
sioners did lay out the street commonly called Greenwich street in the
west ward of the said city, to be sixty six feet wide, and to be continued
from the south side of Courtlandt street to the battery; that the plan
and report of the said commissioners, were laid before and approved of
by the said corporation: but that the mode in and by the said law directed
CHAP. 5 1.] NINTH SESSION. 295
for ascertaining the damages supposed to be sustained by the proprietor
or proprietors of any such lot or lots is wholly inadequate, and that the
said law bath in other respects been found by experience not to answer
the good purposes for which it was intended. Therefore
Be [2‘ enaez‘ea’ by l/ze People of l/ze Slate of .New York, represem‘ea’ 2'12 Commis-
Se/zaz‘eaaa’ Assembly, ana’ zl is hereby enactea’ by l/ze authority 0f the same, 3183:3355?
That instead of appraisers 1n and by the said law directed to be land darn-
appointed, by the proprietor or proprietors of such lot or lots respec- i‘ﬁi’ﬁﬁ‘g"
tively on the one part, and by the corporation on the other part, it shall g‘iggfwich
and may be lawful to and for the said Peter Van Brugh Livingston, street.
Leonard Lispenard, Abraham Lott, Henry Remsen and Gerard Bancker
Esquires, or any three of them to appraise each lot which is altogether
taken into Greenwich street aforesaid, and shall also upon a full and
equitable investigation of all the circumstances attending the alteration
and continuation of the street aforesaid, determine and award the
lessened or advanced value of each lot, occasioned by such alteration
and continuation as aforesaid, whether the quantity of land in any lot
continues the same, or has been diminished or increased, and shall
report their determination and award thereon in writing to the said cor-
poration, in order that provision may be made as in the said law is
directed, for paying the proprietor or proprietors, his, her or their law-
ful representative or representatives, the full amount of the damages so
adjudged to be sustained by him her or them, by the taking in as afore-
said of his her or their lot or lots, or by the decrease in value of his her
or their said respective lot or lots, with the interest at ﬁve per cent. to
incur after the expiration of six months, from the time of such apprais-
ment as aforesaid. And that the amount of such sum or sums of money,
as any such lot or lots shall be adjudged and reported by the said com-
missioners in manner aforesaid _to have been worth or increased in value,
shall be deemed a debt due from the proprietor or proprietors thereof
his her or their lawful representative or representatives to the said cor-
poration, and shall and may be recovered at the suit of the chamberlain
thereof in any court of record within this State, with the like interest of
ﬁve per cent. to incur after the expiration of six months from the date
of such appraisement with costs of suit. Praaz'a’ea’ always that nothing
in this act'contained shall be taken deemed, or construed to affect,
annul or render void any appraisment heretofore made by virtue of the
said in part recited act, unless by the voluntary consent of the parties
to such former appraisement.
CHAP. 51.
AN ACT to promote the manufactory of iron.
PASSED the 28th of April, 1786.
WHEREAS Samuel Ogden, William Constable, W'illiam Neilson, Solo- Preamble,
mon Simpson, Alexander Stewart and others, have represented that
they are disposed to associate themselves, by the name of “ The Asso-
ciated Manufactoring Iron Company of the City and County of New
York” for the purpose of promoting the manuracturing of iron in this
State; Therefore,
296 LAWS OF NEW YORK. [CHAR 32.
ﬁgsnolptigged Be it enacted by Me Pebble. of t/ze State of New- York represented in
wring Iron Senate and Assembly, and 2t zs bereby enacted by the ant/zority of t/ze same,
gylilgglp'ty That the said Samuel Ogden, William Constable, William Neilson, Solo-
and county mon Simpson, Alexander Stewart and others. their associates, shall
$013}; severally and respectively be liable for every debt contracted on the
corporated credit of the said company by the name aforesaid, for the special pur-
poses of promoting the manufacturing of iron. in such proportion of
the whole of the said debts from time to time contracted on the credit
of the said company, as his or her subscription or stock shall bear to
the whole amount of the stock of the said company, without regard to
the sums by the said copartners respectively paid for the discharge of
any other debts by the said company contracted: and that such per-
sons composing the said company, shall not be jointly liable for the dis-
charge of such debts, beyond the whole stock of the company; any law
usage or custom to the contrary thereof notwithstanding. Provided
always, That a duplicate of the original articles of agreement subscribed
by all the persons composing such company and particularly specifying
the shares and amount in value thereof, of each of them, in the said
stock of the company, shall within four months after the passing of this
act be ﬁled in the ofﬁce of the clerks of the city of New York, to which
duplicate every person who shall from time to time be admitted of the
said company, shall from time to time subscribe his or her name, and
specify his or her share in the said stock of the said company, and no
person whose name shall not be signed to the said duplicate agreement
ﬁled in the clerks ofﬁce shall receive any beneﬁt from the provision
made by this act.
232226,,“ And be it fnrt/zer enacted by tke autlzorizy aforesaid That this act
years. shall be in force for the term of seven years and no longer.
CHAP. 52.
AN ACT to empower certain persons therein named to sell and
dispose of the real estate of john Aspinwall deceased for the
payment of his debts and for other purposes therein metioned.
PASSED the 28th of April, 1786.
Preamble. WHEREAS John Aspinwall late of the city of New York merchant did
in and by his testament and last will among other things direct that all
his debts and funeral charges should be paid out of his personal estate;
and after certain speciﬁc legacies therein mentioned did devise and
bequeath all the remainder of his estate both real and personal what-
soever and wheresoever to be equally divided among his children with
certain contingent remainders and executory devises therein limited
and expressed; and did appoint his wife Rebecca Aspinwall executrix
and William Smith Paschal N. Smith and Benjamin Kissam executors
of his said testament and last will: And whereas the said Rebecca‘
Aspinwall executrix and Paschal N. Smith, surviving executor, and
others devisees of the same testament and last will have presented a
petition to this legislature setting forth among other things that from
the impediments occasioned by the late war to the recovery of the debts
due to the estate and from other circumstances it was out of the power of
the said executors with the proceeds of the personal estate to satisfy the
demands of the creditors of the said deceased, and that the said execu-
CHAP. 52.] NINTH SESSION.
297
tors are threatened with suits which if prosecuted would be productive
of much expence, and by forceing the sale of the real property upon
executions would tend to the great loss and injury of the devisees of
the said deceased; and also, that there is no power given in and by the
said testament and last will to any persons to make sale of any part of
the real estate; and that as all the devisees of the same are minors,
there is no method without the aid of this legislature, of disposing of
any part of the said real estate, to satify the creditors and prevent the
inconveniences aforesaid ; and that it would be greatly conductive to the
interest and beneﬁt of the children of the said deceased that a power
should be given to certain trustees to be appointed by this legislature
to make sale of so much of the real estate of the said John Aspinwall
as to them shall appear adviseable and for the advantage of the parties
interested under the said will; and did therefore pray leave to bring in
a bill to vest certain trustees therein to be named with the power and
authorities necessary for the purposes aforesaid. Ana’ w/zereas it is also
represented that it would be prejudicial to the interest of thesaid
divisees and legatees under the said will if the executors should be com-
pelled to sell certain public securities parcel of the said personal estate
of the said John Apinwall for the payment of the said debts. A/za’
whereas this legislature are disposed to grant the prayer of the said
petition so far as may be necessary for doing justice to creditors with-
out injuring the interest of the said devisees or legatees and providing
for the maintenance and education of the children of the said deceased.
Be 2'2‘ z‘lzerefore enacted by the People of tile Sz‘afe of New Yer/e repre-
sented in Senate and Assembly, and it is lzereay enaetea’ by Me aaZ/zorz'zy 0f t/ze
same, That the said Rebecca Aspinwall widow and executrix, and the
said Paschal N. Smith of the city of New York merchant surviving
executor of the testament and last will of the said John Aspinwall
deceased, John Blagge and Samuel Franklin of the said city merchants,
be, and they or a majority of them are hereby appointed trustees
with full power and authority to sell and dispose of so much of the real
estate of the said John Aspinwall deceased, as may be necessary for
paying off and discharging the debts of the said deceased, together with
such lawful interest as may have accrued since his death, and as may
be further necessary for maintaining and educating such of his chil-
dren being minors, until they arrive at full age; and good and suf-
ﬁcient conveyances and assurances in- the law to make seal and
and deliver to the purchaser or purchasers of such real estate, which
conveyances and assurances shall be good and effectual to such pur-
chaser or purchasers to all intents, constructions and purposes as if
made by the said deceased in his life time: Prozrz'a’ea’ ahr/ay, that the
said trustees shall be answerable for the due and faithful execution
of the trust reposed in them as in other like cases of trust according to
the true intent and meaning of this act: *Arzdfrow'a’ed also, that the said
trustees shall not sell or dispose of any part of the said real estate, but
such as the chancellor of this State shall by his order direct, and shall
determine to be beneﬁcial to the interest of the said devisees, being
minors. Ana’ pmw'a’ea’ also that such trustees shall before they execute
any of the trusts reposed in them by this act, give bond with security
to be approved of by the chancellor in such sum as he shall appoint for
the due and faithful execution of the trusts reposed in them in and by
this act.
VOL. 2.——38
Real estate
ofJohn
Aspinwall,
deceased,
vested in
trustees
forthe
purposes
named.
LAWS OF NEW YORK. [CHAR 54.
Preamble.
Massachu-
setts
boundary
line; run-
ning out of
by com-
missioners
appointed
by Con-
gress.
Preamble.
Copyright
of author
for period
of fourteen
years.
CHAP, 53.
AN ACT supplementary to the act entitled “An act to authorize
the United States in Congress assembled to appoint commis-
sioners to compleat the running a certain line of jurisdiction
therein mentioned, between this State and the Commonwealth
of Massachusetts.
PAssEn the 29th of April, 1786.
WHEREAS it is represented that great difﬁculties will probably occur
in ascertaining on what angle from the magnetic meridian the line of
jurisdiction between this State and the Commonwealth of Massachusetts
should be run. To remove which
Be it enacted ﬁy the People of the State of New Yorh represented in
Senate and Assenzﬁly and it is hereﬁy enacted ﬁy the authority of the same,
That it shall and may be lawful to and for Robert Yates, Philip Schuy-
ler, and Gerard Bancker Esquires, or any two of them, with the assist-
ance of John Ewing, David Rittenhouse and Thomas Hutchins Esquires
commissioners appointed by the United States in Congress, assembled, to
agree with the agents of the Commonwealth of Massachusetts on what
principles the said line shall be run, and if such agreement cannot be
affected, then the said John Ewing David Rittenhouse and Thomas
Hutchins, or any two of them are hereby authorized and empowered to
run the said line in the direction mentioned in the act entitled “An act to
authorize the United States in Congress assembled to appoint commis-
sioners to compleat the running a certain line of jurisdiction therein men-
tioned between this State and the Commonwealth of Massachusetts passed
the seventh day of March 1785,” on such principles as to the said John
Ewing David Rittenhouse and Thomas Hutchins or any two of them
shall appear the most accurate to ascertain the true direction of the said
line.
CHAP. 54.
AN ACT to promote literature.
PASSED the 29th of April, 1786.
\VHEREAs it is agreable to the principles of natural equity and justice,
that every author should be secured in receiving the proﬁts that may
arise from the sale of his or her works; and such security may encour—
age persons of learning and genius to publish their writings, which may
do honor to their country and service to mankind.
I. Be it enacted ﬁy the People of the State of New Y or e, represented in
Senate and Assenzﬁly, and it is hereﬁy enacted ﬁy the authority of the same,
That the author of any book or pamphlet being an inhabitant or resi-
dent in these United States, and his or her heirs and assigns, shall have
the sole liberty of printing publishing and vending the same within this
State, for the term of fourteen years, to commence from the day of its
ﬁrst publication in this State; and if any person or persons, within the
said term of fourteen years as aforesaid, shall presume to print, or reprint
any such book or pamphlet within this State, or to import or introduce
into this State, for sale, any copies of such book or pamplet reprinted
beyond thelimits of this State, or shall knowingly publish, vend, utter
CHAP. 54.] NINTH SESSION.
99
or distribute the same, without the consent of the proprietor thereof in
writing, signed in the presence of two credible witnesses, every such
person or persons shall forfeit and pay to the proprietor of such book
or pamphlet double the value of all the copies of such book or pamph-
let, so reprinted, imported, distributed, vended, or exposed for sale to be
recovered by such proprietor in any court of law in this State, proper
to try the same. Prooz‘ded nez/erz‘beless, that no author assignee or pro-
prietor of any such book or pamphlet,- shall be entitled to take the
beneﬁt of this act, until he or she shall duly register his or her name as
author assignee or proprietor, with the title of such book or pamphlet
in the ofﬁce of the secretary of this State, who is hereby impowered and
directed to enter the same on record.
II. And be it‘ fart/zer e/zaez‘ed by ﬁle auZ/zorz'zy aforesaid, That at the
expiration of the said term of fourteen years, in the cases abovemen-
tioned, the sole right of printing and disposing of any such book or
pamphlet, in this State, shall return to the author thereof if then living,
and his or her heirs and assigns, for the term of fourteen years more, to
commence at the end of the said ﬁrst term, and that all and every per-
son or persons who shall reprint, import, vend, utter, or distribute in
this State, any copies thereof without the consent of such proprietor
obtained as aforesaid, during the said second term of fourteen years,
shall be liable to the same penalties, recoverable in the same manner as
is hereinbefore enacted and provided.
Ana’ w/zereas it is equally necessary for the encouragement of learning,
that the inhabitants of this State be furnished with useful books at rea-
sonable prices.
III. Be it further enacted by l/ze auz‘lzorz'z‘y aforesaid, That whenever
any such author or proprietor of such book or pamphlet shall neglect to
furnish the public with sufﬁcient editions thereof or shall sell the same
at a price unreasonable and beyond what may be adjudged a sufﬁcient
compensation for his or her labor, time, expences and risque of sale,
any one of the judges of the supreme court of judicature of this State,
on complaint made thereof to him in writing, is hereby authorized and
impowered to summon such author or proprietor, to appear at the next
supreme court of judicature, and the said court are hereby authorized
and impowered to enquire into the justice of the said complaint, and
if the same be found true, to take sufficient recognizance and security
of such author or proprietor, conditioned that he or she shall, within
such reasonable time as the said court shall direct, publish and offer for
sale in this State, a sufﬁcient number of copies of such book or pamph-
let, at such reasonable price as the said court shall, on due consideration
afﬁx; and if such author or proprietor shall neglect or refuse to give
such security as aforesaid; the said court are hereby authorized and
impowered to give such complainant a full and ample licence to reprint
and publish such book or pamphlet, in such numbers and for such term,
as the said court shall judge just and reasonable ; provided such com-
plainant shall give sufﬁcient security before the said court, to afford such
reprinted edition at such reasonable price as the said court shall thereto
afﬁx.
IV. And be z'z‘faﬂ/zer e/zaeted by i/ze aul/zorzb/ aforesaid, That any per-
son or persons, who shall procure and print any unpublished manuscript,
without the consent and approbation of the author or proprietor thereof
ﬁrst had and obtained, if such author or proprietor be living, and resi-
dent in or inhabitant of these United States, shall be liable to pay to the
said author or proprietor his or her damages, for such injury, to be
recovered with costs by action brought on this act, in any court of
Copyright
extended
for addi-
tional term
of fourteen
years.
0
Where
book not
published
or at ex-
orbitant
price, court
may grant
privilege of
publishing
to others.
Illegal pub-
lishing,
damages
recover-
able for.
300
LAWS OF NEW YORK. [CHAR 55.
Reformed
Protestant
Dutch
Church of
Flatbush
may grant
lands for
an acad-
emy. '
Preamble.
record; prew'a’ea’ always, that nothing in this act, shall extend to effect
prejudice, or conﬁrm the rights, which any person may have, to the
printing or publishing of any book or pamphlet, at common law, in cases
not mentioned in this act; or to authorize any person or persons, to
print or publish any book, pamphlet or paper, that may be profane trea-
sonable, defamatory, or injurious to government, morals or religion.
Jprum'ahlalsu that this act shall not extend, or be construed to extend
in favor or for the beneﬁt of any author or person residing in, or inhab-
itant of any other of the United States, until the State, in which such
person resides or dwells shall have passed similar laws in favor of the
authors of such new publications and their heirs and assigns.
V. Ana’ be it further eaaez‘ea’ a)! Z/ze aul/zorz'z‘y aforesaid, That the trus-
tees of the Reformed Protestant Dutch Church of Flat Bush in the
county of Kings, shall be and they are hereby authorized to grant bar-
gain and sell in fee simple such part or parts of their real estate within
the said county, to such person or persons, and for such price or prices
as they may think proper, for the express purpose of erecting an academy
in the said county. Provided that the quantity which the said trustees
shall grant and convey by virtue of this act, shall not exceed six acres.
CHAP. 55.
AN ACT to ascertain the south bounds of the township of Beek-
' man lying on the west side of Lake Champlain.
PASSED the 29th of April, 1786.
\VHEREAs, by letters patent under the great seal of the late colony of
New York bearing date the 27th day of March in the year one thousand
seven hundred and sixty nine, all that certain tract or paroel of land
situate lying and being on the west side of Lake Champlain, in the then
county of Albany, now Washington, in the then Colony now State of
New York ; beginning on the west bank of the said lake, at the distance
of thirty six chains measured on a course north forty three degrees
west from a bass wood tree, standing on the west bank of the said lake,
at the north east corner of a neck of land called Cumberland Head or
point, and runs from the said place of beginning west six hundred and
ninety one chains, then north three hundred and forty chains, then east
eight hundred and ﬁfty six chains to the said lake, and then along the
lake as it runs to the place where the said tract begun, containing
twenty two thousand four hundred and seventy-ﬁve acres and the usual
allowance for highways was granted to WVilliam Beekman and twenty
nine others his associates. Ana’ w/zereas Zephaniah Platt has obtained
letters patent under the great seal of this State of New York, bearing
date the twenty sixth day of October one thousand seven hundred and
eighty four for a grant of thirty one thousand ﬁve hundred acres of
land next adjoining the said tract of the said William Beekman and his
associates, on the south side thereof, also another patent for twenty
nine hundred acres of land, partly adjoining the land of the said Wil-
liam Beekman and his associates as aforesaid. Ana’ whereas doubts
have arisen concerning the true place of beginning of the said patent
of the said William Beekman and his associates. Ana’ w/zereas the
parties interested in the said several patents herein before mentioned
have mutually consented, to remove any doubts and difﬁculties that
CHAP. 56. _| NINTH SESSION. 301
might have arisen from the want of ascertaining the true place of
beginning of the said patent of the said William Beekman and his asso-
ciates, as appears by their petition. Therefore
Be it enaetea’ hy the People of the State of New York represented in Beekman
Senate and Assenzhly and it is hereby enacted hy the authority of the same, 3325M“?
That the south bounds of the said tract of land, granted in manner towns'of.
aforesaid to the said William Beekman and twenty nine others his asso— 3331331.)’—
ciates, shall be a line which was run by William Cockburn and John g‘ﬁ‘itsllhgtg
Cox, in the year one thousand seven hundred and eighty-ﬁve, for the '
south bounds of a range of lotts which in their map are distinguished
by the numbers seventy-one, seventy-two, seventy-three, seventy-four,
seventy-ﬁve, seventy—six, seventy-seven, seventy-eight, seventy-nine,
eighty-one and eighty-two, which said south bounds are to be continued
the same course eastward to that part of the Lake Champlain called
the Bay of Saint Amont, and westward as far as the south bounds of the
said tract shall extend from the most westerly point of the said south
line north three hundred and forty chains, then east to Lake Cham-
plain, and then along the said lake as it Winds and turns until it inter-
sects the said south line on the banks of that part of the said lake called
Bay Saint Amont, and which line above intended to be described is
ﬁxed by mensuration on the said map made by the said William Cock-
burn & John Cox to lie one hundred and twenty two chains measured
on a course north one degree west from the mouth of Sandy Creek which
empties itself into the cod* of Cumberland bay. Prooz'a’ea’ always that
nothing herein contained shall in anywise take away or injure the sev-
eral and respective rights, privileges and immunities and emoluments
of the said William Beekman and twenty nine others, his associates
and of the said Zephaniah Platt respectively, contained, mentioned
and expressed in their said several patents, other than that the line last
herein beforementioned shall be the south bounds of the said township
of Beekman and the north bounds of the said township of Plattsburgh.
CHAP. 56.
AN ACT for raising monies by tax.
PASSED the 29th of April, 1786.
Be it enaetea’ by the People of the State of New York represented in Apportion-
Senate and Asse/nhly and it is herehy enaetea’ lzy the authority of the same, 513mg; of
That there shall be raised and levied within this State, the sum of ﬁfty £50,000-
thousand pounds: and that the quota of the city and county of New
York of the said sum, shall be thirteen thousand pounds ; the quota of,
the city and county of Albany, shall be four thousand seven hundred
pounds; the quota of the county of Columbia, shall be two thousand
three hundred pounds; the quota of the county of Dutchess, shall be
ﬁve thousand pounds; the quota of the county of Ulster, shall be
three thousand four hundred pounds ; the quota of the county of
Orange, shall be two thousand eight hundred pounds; the quota of the
county of West Chester, shall be three thousand four hundred pounds ;
the quota of the county of Suffolk, shall be four thousand ﬁve hundred
pounds ; the quota of Queens county, shall be four thousand ﬁve hun-
dred pounds; the quota of Kings county, shall betwo thousand four

* So in original.
302
LAWS OF NEW YORK. [CHAR 56.
Assess-
ment of
tax, mode
of. New
York city.
Oath of
assessors.
Assess-
ment,
mode of,
other than
in New
York city.
Copies of
tax—roll to
be trans—
mitted.
hundred pounds; the quota of the county of Richmond, shall be one
thousand six hundred pounds ; the quota of the county of Montgomery,
shall be one thousand six hundred pounds ; and the quota of the county
Washington, shall be eight hundred pounds.
And oe it farZ/zer eizaez‘ed &y the aaz‘lzorizj/ aforesaid, That the mayor
recorder and aldermen of the city of New York or the major part of
them for the time being, shall assemble and meet at the City Hall of the
said city, on the ﬁrst Thesday of September next, and then and there
issue their warrants to the several assessors of the said city and county,
to take a true and exact account of all the estates, real and personal,
of all the freeholders, inhabitants, and residents within the several
wards of the said city and county, for which they at the time of issuing
such warrants, shall be assessor, or assessors, and.true, equal and impar—
tial assessments to make, and to return the same accounts and assess-
ments to the same mayor, recorder, and aldermen, on or before the ﬁrst
Tuesday in October next; and when the same accounts and assessments
shall be delivered to the said mayor, recorder, and aldermen they or
the major part of them, shall cause the amount thereof to be cast up,
and compute and ascertain, and then insert in such assessment rolls
respectively, the sum each person is to pay of the said sum of twelve
thousand ﬁve hundred pounds, according to the value of his or her
estate ; and shall then issue their warrants to the several and respective
collectors within the said city and county, to collect and pay the same
to the treasurer of this State on or before the ﬁrst day of March next ;
and the said mayor, recorder and aldermen shall at the time they issue
such warrants to the collectors, transmit true copies thereof, and of the
said tax rolls, to the treasurer of this State.
A 12d be it furi/zer e/zaez‘ed by ﬁre aut/zorizj/ aforesaid, That every asses-
sor in the said city and county of New York, and in each of the other
counties of this State, shall before he enters upon the performance of
the duty and service required of him by this act, take an oath, or if of
the people called Quakers, an afﬁrmation in the words following to wit,
I. A. B. do swear (or afﬁrm) that I will well, truly, and impartially,
according to the best of my skill knowledge, and understanding, assess
and rate all the freeholders, inhabitants and residents of the ward, town,
precinct, or district (as the case may be) for which I am assessor— which
oath or afﬁrmation the mayor, recorder, or any one alderman in the city
of New York, and any one of the judges or justices of each of the other
counties of this State in their respective counties, are hereby empowered,
required, and directed to administer, and to give the assessor taking the
same a certiﬁcate thereof.
And a ii‘ fart/zer enacted o] t/ze aat/zoriz‘y aforesaid That the supervi-
sors of every county in this State, or the major part of them respectively,
shall meet on the ﬁrst Tuesday in September next, and cause the said
respective quotas and allowances aforesaid of their respective counties
to be raised, assessed, levied and collected, in the same manner as the
other necessary and contingent charges thereof, have been usually raised,
assessed, levied and collected: and the respective collectors are hereby
required to pay the respective sums to be by them collected, unto the
respective county treasurers, on or before the ﬁrst day of March next.
And each of the county treasurers are hereby required to pay the respec-
tive quotas of their counties, to the treasurer of this State, on or before
the ﬁrst day of April next.
And oe iz‘ fzirz‘lzer egzaez‘ed joy the authority aforesaid That the supervi-
sors of the several counties of this State shall, and they are hereby
respectively required, when they issue warrants to the collectors to col-
CHAP. 56.] \ NINTH SESSION. 303
lect the said tax, to transmit true copies thereof, and of the tax rolls, to
the treasurer of the county. And each county treasurer is hereby
‘required to transmit true copies of all such tax ‘rolls, to the treasurer of
this State.
A/zdbe i2‘ farl/zer mated by i/ze aal/zorizy aforesaid That the bills of What
credit issued by virtue of an act, entitled, “An act ‘for emitting two $33,133,018
hundred thousand pounds in bills of credit for the purposes therein invayfnenﬂ
mentioned,” and gold and silver coins only, shall be received in pay- wf?§.;n,a_
ment of the said tax: and the collectors shall be allowed and may retain in their hands for their services in the execution of this act, out of the treasurers.
monies by them collected, six pence in the pound; except in the city
and county of New York, and city of Albany, where the collectors shall
only retain, four pence in the pound; and the several county treasurers
shall be allowed and retain in their hands for their services in the exe-
cution of this act, out of the monies they shall respectively receive, ten
shillings for every hundred pounds they shall receive; except in the
counties of Montgomery and Washington, where the county treasurers
shall respectively have and take twenty shillings for every hundred
pounds they shall receive.
And be it farz‘lzer enacted by Me aal‘borz'zy aforesaid That if any per- Paymentof
son shall refuse or neglect to pay the tax or sum imposed on him her or them, the collectors shall levy the same by distress and sale of the goods
and chattels of the person so refusing and neglecting; and where the
goods and chattels so distrained, shall be sold for more than the amount
of such tax and the charges of the distress and sale; the overplus shall
be returned to the owner of such goods and chattels. Arzdfarl/ier, that
the person in possession of any real estate at the time the said tax is to
be collected, shall be liable to pay the tax imposed on such real estate.
And if any other person by agreement or otherwise ought to pay such tax,
the said possessor, who shall pay the same, shall and may recover such
amount thereof, from such person; and for want of goods and chattels
whereon to levy such tax, and where any real estate shall be taxed and
the owner thereof shall not reside in the ward, town, precinct, or district,
where such real estate is situated ; the collector shall be and hereby is
authorised and required, to commence a suit in his own name for the
said tax against the person charged therewith, in the said tax roll, before
any justice of the peace, mayor, recorder or alderman where the person
so taxed can be found; and the said tax roll being produced before such
justice, mayor, recorder, or alderman, or any jury who may try such
cause, and proved to have been signed by the supervisor or supervisors,
shall be full and conclusive evidence to entitle the plaintiff to recover
against the defendant such sum, as such defendant may be charged with,
or taxed at in the said tax roll with costs of suit. And the authority
and jurisdiction of such justice, mayor, recorder, or alderman, is hereby
extended to all such actions notwithstanding the sum sued for, shall
exceed the sum of ten pounds. And every such justice, mayor, recorder,
or alderman, is hereby authorised and required immediately after judg-
ment in any such action, to award execution thereon against the defend-
ant in the manner directed in and by the act, entitled “ An act to
empower justices of the peace, mayors, recorders and aldermen, to try
causes to the value of ten pounds and under, and to repeal sundry acts
therein mentioned,” and therein directing the ofﬁcers to pay the monies
mentioned in such execution and to make return of such execution
within twenty days after the date thereof.
And be _iz‘ fart/zer eaaez‘ea’ by ﬁle aat/zorz'z‘y aforesaid That if any asses- ofﬁcers
. - char ed
sor, collector, or supervisor, shall die, refuse to serve, or remove out of wim‘liiuties
304 LAWS OF NEW YORK. LCHAP. 56.
lresppcting the town, precinct, or district, for which he is, or shall be chosen, or
gﬁ'égﬁgé appointed, and the freeholders and inhabitants of such town, precinct,
“Milling or district, shall not within twenty days thereafter chuse another in the '
of vacan- . . . . .
cies. room of him so dying, refusing to serve, or removing, then, and in every
such case, any three justices of the peace of the county, shall from time
to time, as often as may be necessary, and Within twenty days after such
neglect, appoint another or others in the room of such person so dying,
refusing to serve, or removing. And in the city of New York, the
mayor or recorder, and any two or more aldermen, shall in such case,
appoint assessors and collectors in the room of such, as shall die, refuse
to serve, or remove as aforesaid. And in case the supervisors of any
county, shall neglect to appoint a county treasurer, for the space of
twenty days, at any time when there shall be a vacancy in that ofﬁce;
then the judges of the inferior court of common pleas, and the justices
of the peace of such county, or the major part of them, shall within
twenty days after such neglect, appoint a treasurer of such county; and
all and every such assessors, collectors, supervisors and county treas-
urers so appointed, shall be, and hereby are vested with the same
powers and authorities, and made liable to the same penalties and for-
feitures, as any other assessor, collector, supervisor or county treasurer
is vested with, or made liable to, by this act.
Collector, And be it enacted a); t/ze aat/zorz'zj/ aforesaid That if any collector
2221223531‘ shall neglect to pay the money, which by this act he is directed to
paying pay into the county treasury, at the time above limited for that pur-
gftromom pose, then, and in every such case, the treasurer of the county shall,
gggflsurel" and he is hereby required, to issue a warrant under his hand and seal,
directed to the sheriff of the county, commanding him to levy the same,
or if a part is paid, so much as such collector shall be deﬁcient, by dis-
tress and immediate sale of the lands and tenements, goods and chattels
of such collector, and shall transmit a true copy of such warrant, to the
treasurer of this State. And every sheriff to Whom any such warrant
shall be directed and delivered, shall immediately cause the same to be
executed; and shall within twenty days after he shall receive such war-
rant, return the same, with the monies he shall have raised, or levied by
virtue thereof, to the county treasurer. And for want of sufﬁcient
lands and tenements, goods and chattels, whereon to levy the whole
amount of such deﬁciency, such sheriff shall take such delinquent col-
lector and conﬁne him in the common gaol, there to remain without
bail or mainprize, until such deﬁciency shall be paid. But in all cases
where no goods or chattels can be found, whereon to levy the tax
imposed upon any person mentioned in such tax roll, or not sufﬁcient
to pay the whole, the collector shall not be charged with more then he
shall or might have levied, or shall or might have recovered as aforesaid.
And it is hereby made the" duty of every collector, to deliver a true
account upon oath of all such deﬁciencies, at the time he is to pay in
the money to be collected by him as aforesaid; and if any collector shall
neglect to deliver such account, such collector shall be accountable for
the whole sum by him to be collected, and for which he shall not ren-
der such account; and the county treasurer shall deliver all such
accounts of deﬁciencies, to the supervisors of the county at their next
meeting, after he shall have received the same; and the supervisors
shall cause the amount of such deﬁciencies, to be raised, levied, and
collected in the towns, precincts, or districts, where such deﬁciencies
shall happen, which shall be assessed with the contingent charges of the
county, next after such deﬁciency shall happen, and be paid to the
county treasurer within six months thereafter. And the county treas-
CHAP. 56.] NINTH SESSION.
305
urer shall pay the same, to the treasurer of this State, within thirty days
after he shall have received the same; and further the treasurer of this
State shall prosecute all delinquent collectors in the city and county of
New York, in the same manner as if he was the county treasurer of the
same city and county, and shall deliver all such accounts of deﬁcien-
cies as aforesaid to the mayor, recorder, and aldermen of the said city,
who shall cause the same to be raised, levied and collected, in the wards
where such deﬁciencies happen, and to be paid to the treasurer of this
State within six monthsthereafter.
And he it further enacted hy the authority aforesaid, That if any
county treasurer shall neglect to pay the monies he shall receive from
the collectors or sheriff, or any of them, or shall not in case of default of
any collector, issue his warrant as aforesaid, then it shall and may be
lawful for the treasurer of this State at the expiration of thirty days
next after the day on which the collectors are directed by this act to
pay the taxes into the county treasury, and he is hereby directed and
required to proceed against such delinquent county treasurer in like
manner, as such county treasurer is authorised by this act to proceed
against a delinquent collector.
And he it further enaeted hy the authority aforesaid, That if the mayor,
recorder, or either of the aldermen in the city of New York, or any
judge, justice of the peace, supervisor, or assessor, shall neglect or
refuse to perform any of the duties required of them by this act, the
person so neglecting or refusing shall forfeit to the people of this State,
the sum of ﬁfty pounds for every offence, to be recovered with costs,
by action of debt, by the treasurer of this State, by the name of the
treasurer of the State of New York, in any court of record in this State.
And it shall be sufﬁcient for the plaintiff in such action to declare, that
the defendant at a certain time and place became indebted to the treas—
urer of the State of New York, for the use of the people of this State,
in the sum of ﬁfty pounds, by virtue of an act, intitled “An act for rais-
ing monies by tax” and to give the special matter in evidence; and no
suit shall be abated, or discontinued by the death of the treasurer, or
by his resignation or removal from ofﬁce; but shall and may be con-
tinued and prosecuted to effect by his successor in ofﬁce. And it is
hereby made the duty of the treasurer of this State to prosecute for the
said penalties for the use of the people of this State, which penalties
when recovered shall remain in the treasury of this State, subject to the
order of the legislature.
And he it further enaeted hy the authority aforesaid That the thirteenth
section of an act entitled “An act to divide the southern part of the
county of Ulster into precincts and to enable the corporation of King-
ston and the manor of Fox Hall to chuse and elect one supervisor more,
and for regulating the supervisors and assessors within the said county;”
and also an act entitled “An act to amend and explain the thirteenth
section of the said act, entitled, “An act to divide the southern part of
the county of Ulster into precincts, and to enable the corporation of
Kingston, and the manor of Foxhall to chuse and elect one supervisor
more, and for regulating the supervisors and assessors within the said
county, and also an act entitled, “An act for defraying the contingent
charges and maintaining the poor in the counties of Ulster Orange
West Chester Tryon and Charlotte ” shall be and hereby are repealed.
And he it further enaeted hy the authority aforesaid, That in case
there shall not be in the hands of the treasurer, a sufﬁcient sum in pub-
lic securities or in certiﬁcates issued out of any Continental loan ofﬁce,
in the United States for interest due on public securities by the ﬁrst
VoL. 2. —— 39
County
treasurer,
penalty for
neglect ,
etc.
Neglect by
ofﬁcer on
whom
duty is
charged,
penalty.
Acts'and
parts of
acts
recited
repealed.
Payments
to United
States
treasurer
to procure
securities.
306
LAWS OF NEW YORK. [CHAR 57_
Preamble.
Agreement
between
parties
named
ratiﬁed .
day of December next, to enable him to pay the requisitions of the
United States in congress assembled on this State, as he is directed in
and by the act entitled “An act acceding to the acts of congress of the
twenty seventh of September and twelfth of October one thousand
seven hundred and eighty ﬁve, it shall and may be lawful for the said
treasurer, and he is hereby required, to procure by any ways and means
in his power such additional sum in certiﬁcates or public securities as
aforesaid, as will be necessary to enable him to discharge the said
requisitions in the manner directed in and by the said act, on or before
the ﬁrst day of January next, any law to the contrary notwithstanding.
CHAP. 57.
AN ACT for conﬁrming an agreement made between Stephen
Van Rensselaer, Philip Van Rensselaer, Elizabeth Van Rensse-
laer, Eliardus Westerlo and Catharine his wife executrix Abra-
ham Ten Broeck John H. Ten Eyck and Gerardus Groesbeck
executors of the testament and last will of Stephen Van Rens-
selaer deceased. ,
PASSED the 29th of April, 1786.
WHEREAS Stephen Van Rensselaer of the manor of Rensselaerwyck
did lately present a petition to this legislature setting forth that he had
entered into an agreement with his brother Philip Van Rensselaer and
his sister Elizabeth Van Rensselaer Eliardus Westerlo and Catherine
his wife Abraham Ten Broeck, john H. Ten Eyck and Gerardus Groes-
beck by which agreement it is among other things stipulated that the
said petitioner shall allow to his said brother and sister being minors a
certain sum of money in gross together with certain annual sums of
‘money therein speciﬁed until they respectively come of age, for their
maintenance and education and as a full equivalent and satisfaction for
all their claims upon or out of the personal estate and the rents and
proﬁts of the real estate of the said Stephen Van Rensselaer deceased,
all whichclaims they thereby release to the said petitioner and also that
by the said agreement the said Eilardus Westerlo and Catherine his
wife Abraham Ten Broeck john H. Ten Eyck and Gerardus Groesbeck
renounce and release to the said petitioner their ofﬁces, ri-ghts interests
and authorities as executors of the said last will and testament and that
the said petitioner thereby covenants to pay all the debts due from the
estate of his said father as by the said agreement recorded in the secre-
tary’s ofﬁce of this State may appear and in as much as the petitioners
said brother and sister are minors and the said executors have hereto-
fore administered under the said will the said petitioner being advised
that the said agreement cannot with safety be carried into execution
without an act of this legislature for conﬁrming the same did therefore
pray for leave to bring in a bill for conﬁrming the said agreement with
such clauses and provisions as might be found necessary and convenient
to effectuate the same, Therefore
Be it enacted &y the People of t/ze State of New York represented in
Senate ana7 Assenzoly and it is lzereliy enacted oy the authority of the same
That the said agreement bearing date the thirteenth day of january in
this present year made and concluded by and between Stephen Van
Rensselaer of the manor of Rensselaerwyck gentleman proprietor of
CHAP. 58. j ' NINTH sEssioN. 307
the said manor of the ﬁrst part Philip Van Rensselaer of the city of
Albany gentleman and Elizabeth Van Rensselaer of the said city of the
second part Eliardus Westerlo clerk and Catherine his wife Abraham
Ten Broeck Esquire John H. Ten Eyck and Gerardus Groesbeck ex-
ecutors of the last will and testament of Stephen Van Rensselaer late
of the manor of RensselaerwyckEsquire of third part and every arti-
cle clause matter and thing therein contained shall be and the same is
and are hereby conﬁrmed and made valid and effectual in law and
equity to all intent and purposes in the same manner and with the same
force and effect as if all the parties thereto had been at the time of the
execution thereof of full age; any law usage or custom to the contrary
notwithstanding.
And be ii‘ furi/zer enacted by i/ze aui/zoriz‘y aforesaid That the said Executors
- - - and other
parties of the second and third parts to the said agreement shall be for- heirs of
ever thereafter discharged and exonerated of and from all actions, eftephen
. . . an Rens-
claiins, and demands whatsoever in law and equity of any person or selaer, de-
persons for or by reason of any sum of money debts dues‘ or demands gﬁigghdgsf'
which the said Stephen Van Rensselaer deceased owed, or was indebted liabilityfor
to any such person or persons at the time of his death and also for and $310311;
by reason of any other matter or thing for which they or any of them
were before the passing of this act liable and chargeable as executors
legatees or devisees of the said Stephen Van Rensselaer deceased in
every thing relating to any matter in the said agreement mentioned
according to the true intent and meaning thereof ; and that in case any
suit shall be brought against the said parties of the second and third
parts or any of them for or by reason of any such debt claim demand
matter or thing from which they are hereby exonerated and discharged
it shall be lawful for them or any of them as the case may be to plead
the general issue and give this act in evidence in support thereof.
And be if fari/zer eaaoled by lbe aal/zorizj/ aforesaid That the said Stephen
Stephen Van Rensselaer party of the ﬁrst part shall be in his own $53,513“;
right liable and chargeable and may be impleaded and prosecuted in lialélﬁiifxglé
any court of law or equity within this State as for his own proper debt '
or default for all or any of the debts claims and demands for which the
said parties of the second and third parts were before the passing of
this act liable and chargeable and from which they are hereby exone-
rated and discharged; and this without any special reference to or
recital of this act; any law usage or custom to the contrary hereof in
any wise notwithstanding.
CHAP. 58.
AN ACT further to amend an act entitled “An act for the speedy
sale of the conﬁscated and forfeited estates within this State
and for other purposes therein mentioned.”
PASSED the Ist of May, 1786.
Be ii‘ e/zaez‘ed by i/ze People of [be Siaz’e of New York represented in Certiﬁcates
.Se/zale and Assembly and i2‘ is lzereby ezzaeled by i/ze aai/zorii‘y of z‘lze same, g‘z’lcesgigglff
That the following species of certiﬁcates to any citizen or inhabitant of forfeited
this State shall be receivable in payment for all forfeited estates which estate“
Shall 0r may be sold after the passing of this act, to wit, certiﬁcates
issued by William Denning Esquire as Commissioner of the United
308
LAWS OF NEW YORK. [CHAR 58.
Forfeited
estates,
location of
for Widow
and next
of kin of
attainted
person.
States to settle the accounts of the quarter master generals department
in the late army of the United States; certiﬁcates issued by joseph
Bindon Esquire as commissioner to settle the accounts of the clothing
department in the late army of the United States; certiﬁcates issued by
Jonathan Burrell Esquire as commissioner to settle the accounts of the
commissarys department in the late army of the United States; certiﬁ-
cates issued by john Pierce Esquire as Commissioner to settle the
accounts of the late army of the United States commonly called ﬁnal
settlements; certiﬁcates issued by joseph Panel Esquire as commissioner
to settle the accounts of the naval department of the United States;
certiﬁcates issued by Edward Fox Esquire as commissioner to settle the
accounts of the medical department of the army of the United States;
and certiﬁcates issued out of any Continental loan ofﬁce in the United
States to persons who were citizens of this State at the time they were
issued for monies lent by them to the United States: Prew'ded that the
commissioners of forfeitures respectively shall be and they are hereby
required, whenever a doubt shall arise if any of the said certiﬁcates were
originally granted to a citzen or other inhabitant of this State to examine
on oath or afﬁrmation any person or persons to enable them to deter-
mine whether such certiﬁcates as may be offered to them were origin-
ally issued to any citizen or person an inhabitant of this State at the
time of granting thereof and if such certiﬁcates shall be proved to have
been so granted, to the satisfaction of the said commissioners they shall
accept thereof and not otherwise.
And w/zereas it is suggested to the legislature that there are consider-
able tracts of land and other real estate vested in the people of this
State by the conviction or attainder of divers persons which have not
yet been discovered by the commissioners of forfeitures ——
Be it fart/zer enaez‘ed &y the aaz‘lzorz'zjl aferesaz'd That when any per-
son or persons shall, after the passing of this act discover to the com-
missioner or commissioners of forfeitures for any district of this State
any lands or other real estate vested in the people of this State by the
attainder or conviction of any person or persons whomsoever it shall be
lawful for such person or persons who shall make the discovery of any
real estate as aforesaid to locate the same in trust for the widow (if
such attainted or convicted person be dead) and children or childrens
children if any such there be or otherwise for the next of kindred of
such attainted or convicted person to be divided and distributed by the
person or persons making such location in the same manner and with
the like restrictions and limitations as if such attainted or convicted
person was dead intestate, and as if such lands or other real estate were
personal estate according to the law for the distribution of the personal
estate of persons dying intestate, provided always that in case such
attainted or convicted person be at the time of such location in full life
the wife of such attainted or convicted person shall have no share in the
distribution to be made as aforesaid but such distribution shall be made
in the same manner as if such wife was also dead. And the commission-
ers of forfeitures of the district where such lands or real estate shall be
situated are hereby authorised and directed to have the same appraised
at the value thereof in gold or silver by appraisers to be appointed in
the mode prescribed in and by an act entitled “An act to liquidate and
settle the accounts of the troops of this State in the service of the
United States,” passed the fourth day of October in the year of our
Lord one thousand seven hundred and eighty,” and upon the payment
of such sum at which such lands shall be appraised in any public secu-
rities receivable for forfeited estates to make seal and deliver a convey-
CHAP. 58.] NINTH SESSION. 309
ance for the same to such person or persons and his or their heirs in
manner and form as is prescribed in and by the act aforesaid upon the
trust nevertheless herein before expressed: For the better execution
whereof the person or persons to whom such conveyance may be made
his her or their heirs shall have full power and authority to sell the lands
and other real estate to him her or them respectively conveyed in such
manner as to him her or them shall appear most for the advantage of
the persons intitled to distribution as aforesaid. Provided also that none
of the conveyances to be given as aforesaid shall operate as a warranty
from the people of this State for the real estate or estates so to be con-
veyed.
And he it further enacted hy the authority aforesaid That it shall and Mortgages,
may be lawful for any person or persons being citizens of this State who giggi‘llllggdto
is or are indebted by mortgage bond specialty contract or on account persons‘,
to any person or persons whose estate real and personal is or are by payment“
conviction or attainder forfeited to the people of this State within twelve
months after the passing of this act to pay the said debts dues and
demands to the treasurer of this State who is hereby required to receive
the same in gold or silver or public securities made receiveable in pay-
ment upon the sale of forfeited estates and upon the payment of such
debts dues and demands as aforesaid the said treasurer shall give his
receipt which receipt shall be a sufﬁcient discharge for so much of the
said debts, dues and demands. And that in every case in which such
debts as aforesaid were due by any person or persons who have not
remained within the enemies power and who shall within the time and
in manner aforesaid pay such debts shall be discharged from the interest
which may have become due on such debts between the ﬁrst day of
January one thousand seven hundred and seventy six and the ﬁrst day
of January one thousand seven hundred and eighty three; provided
always that in either of the said cases if any suit or suits has or have
been commenced for the recovery of such debts the defendant or defend-
ants shall pay the costs accrued therein. '
And he it further enacted hy the authority aforesaid That the commis- suits on
sioners of forfeitures respectively shall stay all proceedings in any suits 223mg???
. ., 3e
by them commenced for the recovery of such debts herein before men- for one
tioned until the expiration of the said twelve months and shall not com- year‘
mence any other suits for any such debts until the time aforesaid.
And he it further enacted hy the authority aforesaid That if any person Failure to
who shall become a purchaser of any conﬁscated estate shall neglect or glam d6‘
refuse when demanded to deposit one third of the purchase money in P33102326
the manner prescribed in and by the act entitled An act for the speedy $533,655,?
sale of the conﬁscated and forfeited estates within this State and for Ceedinss
otherpurposes therein mentioned the commissioner or commissioners on’
who shall make such sale shall and may within twenty days thereafter
again expose such conﬁscated estate to sale at public vendue and if
upon such second sale such conﬁscated estate shall not be sold for a
sum equal to the sum which such purchaser offered on the ﬁrst sale
thereof the commissioner or commissioners shall and may recover in his
or their own name or names of such ﬁrst purchaser in an action of debt
in any court of record of this State the sum which the, sum contracted
for on such second sale shall be less than the sum offered at the ﬁrst sale
thereof with costs and in every such action the defendent shall be held
to bail in double the sum demanded.
And he it further enacted hy the authority aforesaid That all rents Rents ac-
which became due during the time the troops of the king of Great
Britain were in possession of the southern district of this State for any certain
310
LAWS OF NEW YORK. [CHAR 58.
lands re-
mitted.
Certiﬁcates
receivable
to be de-
scribed in
notices of
sales.
Location
void, if
appraise-
ment not
made in
three
months.
Vacancy in
ofﬁce of
commis-
sioner of
forfeiture.
Relief to
purchaser
where title
fails, for
improve-
ments
made.
estates in the said southern district vested in the people of this State by
the attainder or conviction of any person or persons whatsoever shall
be and the same are hereby remitted in every case in which it shall be
proved to the satisfaction of the chancellor the chief justice or any of
the justices of the supreme court or the ﬁrst judge of the inferior court
of common pleas of the county in which the lands on which such rents
accrued shall be situated or if such estates lie in the city or county of
New York, of the mayor or recorder of the said city, that the tenant or
tenants holding such estate did pay such rents to the person or persons
by whose attainder or conviction such estates became forfeited their
heirs attornies or agents during the time the said southern district was
in possession of the said troops of the king of Great Britain, and the
chancellor chief justice or other justices of the supreme court ﬁrst judge
mayor or recorder shall in every case in which such payment shall he
proved to have been made give a certiﬁcate to the person making appli-
cation therefor and intended to be relieved thereby, that such proof has
been made and specifying the time for which the rent ought to be remitted
in pursuance of this act which certiﬁcate shall be a sufﬁcient warrant to
the commissioners of forfeitures to remit such rent accrued during the
time mentioned in such certiﬁcate, and such certiﬁcate shall be retained
by such commissioners and accounted for with the auditor on the settle-
ment of their accounts. Prot/idcd that such proof shall be made and
such certiﬁcate produced to the commissioners on or before the ﬁrst
day of August next and that the person or persons applying for and
obtaining such certiﬁcate shall pay the expence and charges thereof.
And be it fart/ter enacted by t/ze ant/zority aforesaid That it shall be
and is hereby made the duty of the commissioners of forfeitures in every
advertisement of the sale of lands and tenements by them to be made
to insert a description of the several certiﬁcates made receivable by this
act, in paymentfor the said lands and tenements.
And be it fart/ter enacted by t/ze azct/zorizy aforesaid That in every case
.in which any location has been made by virtue or in pursuance of an
act entitled An act to liquidate and settle the accounts of the troops of
this State in the service of the United States and the person or persons
who made such location shall not within three months after the passing
of this act apply to the commissioner or commissioners of forfeitures of
the district in which such location has been made for an appraisement
of the lands by him her or them located, such location shall be deemed
to be relinquished and the certiﬁcates deposited become forfeited to the
people of this State.
And be it fart/ter enacted by tile azct/zorizjv aforesaid That in case any
vacancy shall have happened or may hereafter happen by the death res-
ignation or removal from ofﬁce of any commissioner or commissioners
of forfeitures it shall and may be lawfull to and for the governor or per-
son administring the government for the time being by and with the
advice and consent of the council of appointment from time to time to
appoint an other or.others in the room and stead of such commissioner
or commissioners so dying, resigning or removed from ofﬁce.
And be it fart/ter enacted by the authority aforesaid That in all cases of
purchases made of any forfeited estates in pursuance of any of the laws
directing the sale of forfeited estates in which any purchaser of such-
estates shall be evicted by due course of law in the manner mentioned
in the ﬁrst enacting clause of the act entitled “An act for the speedy
sale of the conﬁscated and forfeited estates within this State and for
other purposes therein mentioned,” such purchaser shall have the like
remedy for obtaining a compensation for the value of improvements by l
CHAP. 58.] NINTH SESSION. 311
him or her made on such estate so by him or her purchased and from
which he or she shall be so evicted as is directed in and by the said ﬁrst
enacting clause of the said act.
And be iz‘ farz‘lzer eizaeied by the aaz‘lzorizy aforesaid That the commis- Sale 91
sioners of forfeitures for the southern district shall be and they are $55,255,631
hereby authorised and required from time to time to sell so much of 323533?
the conﬁscated and forfeited estates described in the ninth section 0 '
the said act, entitled, An act for the speedy sale of the conﬁscated and
forfeited estates within the State and for other purposes therein men-
tioned” as will together with the gold and silver now in the treasury
and arising from the sales of forfeited and conﬁscated estates, and
together with the gold or silver or bills of credit of the new emission
designated in the said act and now due on sales heretofore made of
such estates amounting to a sum in bills of credit of the said new emis-
sion or in gold or silver equal to the whole amount of the said bills of
credit in circulation.
And be it further enacted by l/ze auz‘bority aforesaid That it shall and Certiﬁcates
may be lawful for the commissioners of forfeitures for the southern dis- Ef‘gglzglfn
trict to receive from any purchaser of forfeited estates by them sold for squthern
bills of credit of the said new emission or gold or silver, the monies ‘strict’
remaining due and unpaid by any such purchaser provided such pay—
ment shall be made in bills of credit of the new emission above speci-
ﬁed or in gold or silver and such purchaser shall within three days after
being thereunto required pay unto the said commissioners one third of
the purchase money so due and in arrear and for the residue thereof
shall execute such bond as is directed to be taken from all purchasers
of forfeited estates hereafter to be sold by the commissioners of for—
feitures: and in case any such purchaser shall neglect or refuse to make
such payment and enter into such bond as aforesaid all monies by such
purchasers already paid on such purchases shall be forfeited to the
people of this State and the lands be again sold in the manner prescribed
in and by the act mentioned in the last preceding clause.
And wbereas by an act, entitled “An act to amend an act entitled an
act for the speedy sale of the conﬁscated and forfeited estates within
this State and for other purposes therein mentioned ” it is enacted that
in all sales of forfeited estates to be made by the commissioners of for-
feitures to any person or persons whatsoever after the passing of that
act, such person or persons so purchasing shall immediately pay to the
said commissioner or commissioners one third part of the said purchase
money, and the remaining sum due within nine months from the time
of such sale. And w/zereas it is conceived that the time given for the
payment of the said two third parts of the purchase money is too long,
therefore
Be iz‘farZ/zer enacted by tile aat/zoriz‘y aforesaid That every person who Time for
shall hereafter purchase any forfeited estate or estates shall immediately £33,312,“
pay to the commissioner or commissioners making such sale one third money-
part of the purchase money and the remaining sum in four months
from the time of such sale. And the commissioners of forfeitures are
hereby required to take the security directed by the said act to be given
for the same accordingly.
And be it further ezzaeied by z‘lze aai/zorizj/ aforesaid That in all cases Where title
where any person bath or hereafter shall purchase any lands, tenements $232,332},
'or hereditaments forfeited to the people of this State and any such lands locate
. - th 1 d
tenements or hereditaments hath been or shall be recovered against 8f $112? 8
such purchaser his heirs or assigns by due course of law then and in value-
every such case it shall be lawful for the person against whom such
312
LAWS OF NEW YORK. [CHAR 58.
Epinetus
White ,
ayments
y.
Henry
White,
lands for-
feited by,
sale 01:‘.
Id. ; man-
ner of
making
sale.
recovery is or shall be had, to locate any other forfeited estate to the
amount of the sum paid to the people of this State for the lands tene-
ments or hereditaments so recovered according to the directions pre-
scribed in and by an act entitled “An act to liquidate and settle the
accounts of the troops of this State in the service of the United States”
passed the fourth of October one thousand seven hundred and eighty:
And the commissioners of forfeitures for the district where such loca-
tion shall be made are hereby authorised and required to have the same
appraised at the value thereof in gold and silver in the manner pre-
scribed in and by the said last mentioned act, and to convey to such
person or persons and his her or their heirs so much of the said lands
so located as according to such appraisement shall amount to the sum
so paid for the land so recovered: Provided always that every person
making such location shall at the time of making the same produce and
deposit with the commissioner of forfeitures the deed from the commis-
sioners of forfeitures for the land so recovered and a certiﬁcate from
the attorney general of this State for the time being that such recovery
.vas had for want of title in the people of this State. And provided also
that it shall and may be lawful for any such person against whom any
such recovery hath been or shall be had as aforesaid at his election
instead of locating as aforesaid to receive a certiﬁcate from the treas-
urer of this State for the sum paid for the lands so recovered. And the
treasurer of this State for the time being is hereby authorized and
required upon producing and depositing with him the original deed
from the commissioners of forfeitures for the land so recovered and such
certiﬁcate from the attorney general as aforesaid to give such person a
certiﬁcate or certiﬁcates for the sum so paid as aforesaid which shall be
of like value and effect as the certiﬁcate or certiﬁcates paid for the land
so recovered; provided always that if any such appraisement shall exceed
the amount of the principal and interest of such certiﬁcate or, certiﬁ~
cates the surplus shall be paid in gold or silver before any conveyance
be given for any hands so located,
And whereas the commissioners of forfeitures for the western district
were by the said act required to convey to Epinetus White of Balls
Town in the county of Albany, a certain tract of land lying in the Kaya-
derosseras Patent, and doubts having arisen whether the said commis—
sioners were authorised to receive payment for the said tract of land in
public securities. Therefore
Be it further enacted hy the authority aforesaid That the said commis-
sioners are hereby authorized and required to receive such public secur-
ities in payment for the said tract of land as are made receivable in and
by the ﬁtfh section of said act provided such payment be made within
three months after passing this act.
And he it further enacted hy the authority aforesaid, That it shall
and may be lawful to and for the commissioners of the southern district,
and they are hereby authorised and directed to sell and dispose of the
lot of ground with the buildings thereon situated in the east ward of
the city of New York and fronting to Queens street forfeited to the
people of this State by the attainder of Henry White Esquire late one
of the members of the council of the late Colony of New York.
And he it further enacted by the authority aforesaid That the said
commissioners shall sell, and dispose of the said lot at public sale or
auction, at the Coffee House in the city of New York, after having
given six weeks notice of such sale, in one or more of the news papers
printed in the city of New York and receive the amount of the purchase
money in any of the public securities speciﬁed in the ﬁfth section of the
CHAP. 58.] NINTH SESSION. 313
act entitled, an act for the speedy sale of the conﬁscated and forfeited
estates within this State and for other purposes therein mentioned and
the several species of certiﬁcates herein before mentioned and shall
make seal and deliver to the purchaser or purchasers a good and sufﬁc-
ient deed and conveyance in the law to vest the same in such purchaser
or purchasers in manner form and effect as is prescribed and directed
in and by the ﬁrst section of the act above mentioned. Provided, that
the possession of the said premises shall not be given to the purchaser
or purchasers as aforesaid until the ﬁrst day of May one thousand
seven hundred and eighty seven.
And whereas Abraham Bloodgood of the city of Albany on the sev-
enth day of August in the year of our Lord one thousand seven hun-
dred and eighty two purchased from the commissioners of forfeitures
for the western district for the consideration of eight hundred pounds
a messuage and lot of ground in the town of Schenectady which was
supposed to be forfeitted to the people of this State by the conviction
of Richard Duncan but it has since been discovered that the legal title
to the said premises at the time of the said conviction was vested in
Peter Van Brugh Livingston of the city of New York, merchant, there-
fore.
Be it enacted hy the authority aforesaid, That it shall and may be law- Abraham
ful for the treasurer of this State and he is hereby required to give the 2,1829%?’
said Abraham Bloodgood a certiﬁcate or certiﬁcates for the said sum of fegllélre of
eight hundred pounds payable with interest at ﬁve per cent: from the '
said seventh day of August one thousand seven hundred and eighty two:
and further that it shall and may be lawful to and for the said Abraham
Bloodgood his heirs or assigns to locate any other forfeited estate to the
amount of the principal and interest of such certiﬁcate or certiﬁcates
according to the directions of the said act entitled “An act to liquidate
and settle the accounts of the troops of this State in the service of the
United States” and the commissioners of forfeitures for the district
where such location shall be made are hereby authorised and required
to cause the land so located to be appraised at the value thereof in gold
or silver in the manner prescribed in and by the said last mentioned act
and to convey to the said Abraham Bloodgood or to his heirs and
assigns in fee simple so much of the said lands so located as according
to such appraisement shall amount to the principal and interest of such
certiﬁcate or certiﬁcates. Provided always that if such appraisement
shall exceed the amount of the principal and interest of such certiﬁcate
or certiﬁcates the surplus shall be paid in gold or silver before any con-
veyance be given for the lands so located.
And whereas Anthony Post of the city of New York carpenter on the
seventh day of July one thousand seven hundred and eighty four pur-
chased of the commissioners of forfeitures for the southern district for
the consideration of two hundred and twenty ﬁve pounds a messuage
and lot of ground in the west ward of the same city which was supposed
to be forfeited to the people of this State by the conviction of James
Leonard of which said premises the said Anthony Post by due course
of law has been evicted the judges of the supreme court having on a
special verdict given an unanimous opinion that the said premises were
not forfeited to the people of this State.
Be it therefore enacted hy tho authority aforesaid That it shall and Anthony
may be lawful for the treasurer of this State and he is hereby required fgrsggffgzf
to give to the said Anthony Post a certiﬁcate or certiﬁcates for the said Of title-
sum of two hundred and twenty ﬁve pounds with interest at ﬁve per
cent. from the seventh day of July one thousand seven hundred and
VoL. 2. — 4o
314
LAWS OF NEW YORK. [CHAR 58
Andrew
Finck, J r.,
relief for,
on pur—
chase of
lands on
execution.
Commis—
sioners of
forfeitures,
settlement
of accounts
for sales
of lands.
Philip
Skeene,
lands for-
feited by,
sale of.
eighty four: and also to pay to the said Anthony Post out of any monies
unappropriated in the treasury his cost in defending the said premises
to be taxed by one of the judges of the said court: and it shall and may
be lawful for the said Anthony Post his heirs and assigns to make a
location of any lands in the southern district forfeited to the people of
this State to the amount of the said principal and interest to be located
appraised, conveyed and paid for in like manner as is directed by the
last preceeding clause in the case of Abraham Bloodgood.
And to/zereas it appears that Abraham Van Horne late sheriff of the
county of Montgomery by virtue of a writ of ﬁeri facias issued out of
the supreme court of this city at the suit of Cornelius Van Scherlyn
against Philip Empie did sell sixty two acres of land unto Andrew
Finck, junior for two hundred pounds in specie. And w/zereas it after-
wards appeared that the lands sold were at the time of the sale forfeited
to the people of this State by the conviction of the said Philip Empie.
Be it t/zerefore enacted by t/ce azct/zority aforesaid That it shall and may
be lawful for the commissioners of forfeitures for the western district to
cause the said lands to be appraised at specie value as though no improve-
ment had been made thereon since the sale of the said sheriff and after
deducting the said sum of two hundred pounds if the appraised value
shall exceed two hundred pounds to pass a deed of quit claim from the
people of this State unto the said Andrew Finck junior on his paying
such excess if any there be in any of the public securities made receiv-
able in payment for forfeited and conﬁscated estates.
And be it fart/ter enacted by tile azct/cority aforesaid That the com-
missioner or commissioners of forfeitures for the several districts of this
State are hereby required within three months next after the passing of
this act to settle the accounts of all sales by them respectively made and
completed to the time of such settlement with the auditor of this State
for the time being and the said auditor is'hereby required to certify to
the treasurer of this State the ballances due from the said commissiom
ers respectively and also to audit the accounts of the said commissioners
for their pay and necessary expences agreable to the directions in that
case made andv provided in and by the act entitled “An act for the
speedy sale of the conﬁscated and forfeited estates Within this State and
for other purposes therein mentioned ” passed the twelfth day of May
one thousand seven hundred and eighty four and the treasurer is hereby
required to pay unto the said commissioners respectively the ballance
of their accounts out of any money unappropriated in the treasury: And
the said commissioners shall in every succeeding three months after the
ﬁrst settlement exhibit their accounts for settlement to the said auditor
in manner aforesaid.
And be it fart/ter enacted by t/ze azct/zorizy aforesaid That it shall and
may be lawful to and for the commissioners of forfeitures for the time
being for the eastern district to sell at public vendue all that certain tract
of land being the southermost of two certain tracts of land on the west
side of Lake Champlain granted unto Philip Skeene by letters patent
hearing date the sixth day of July one thousand seven hundred and
eighty one and he is hereby required to sell the same in twenty equal
shares, by one at a time and to give to each of the purchasers of any
share or shares thereof a deed for such share or shares to hold the same
as a tenant in common with the purchaser or purchasers of any other
share or shares any thing in this or any other law of this State to the
contrary hereof notwithstanding Provided always that nothing
herein contained shall be deemed to render void the privilege granted
unto Zephaniah Platt Esquire of taking ore from the said tract of land
CHAP. 58.] NINTH SESSION. 315
in manner directed by the second clause of the act entitled An act for
granting certain privileges to the township of Plattsburgh.
And be ii‘ farz‘lzer eizaez‘ed by ﬁre aal/zoriz‘y aforesaid That the treasurer Nathaniel
of this State be and he is hereby required to pay unto Nathaniel Platt Sil;,§'é'£s,;e_
assignee of Benjamin Sands the sum of sixty ﬁve pounds with the inter- he? for f
est from the ﬁrst day of August one thousand seven hundred and eighty 13311;“) 0
one being for so much money in the bills of the new emission received
of the said Benjamin Sands by Johnathan Lawrence Esquire one of the
commissioners appointed for the sale of conﬁscated and forfeited estates
in part payment for a farm in Dutchess county which has not been for-
feited or conﬁscated, and by him put into the treasury. '
And w/zereas doubts have arisen respecting the title of the people of
this State to a certain house and lot in Wall street in the city of New
York now possessed by Ann White, the widow of Thomas White late of
the city of New York deceased an attainted person, and w/zereas the
said house and lot has been located by Charles McKnight of the city of
New York physician
Be iz‘ i/zerefore enacted by tile aaz‘borizfy aforesaid That the like relief Charles
shall be extended to the said Charles McKnight as is by this act extended Siffét‘lﬁ?“
to Abraham Bloodgood and the commisssioners of forfeitures for the ﬁgure of
. . . - 6.
southern district are hereby required to stay the sale of the said house
and lot until the further order of this legislature.
And be it further enaez‘ed by the aai/zorz'zy aforesaid That it shall and Reformed
may be lawful to and for the commissioners of the western district {ggagegtant
to convey to the trustees of the Reformed Protestant Dutch church at Church at
Caghnawaga in the county of Montgomery by the name in which they wiiaf‘a'
lands to be a
now are or shall be incorporated pursuant to the law of this State in conveyed
that case made and provided, twenty acres of land described in the con- to.
dition of a bond executed by John Butler to Cornelius Smith, Johannes
Veeder and Johannes E. Van Eps bearing date the seventeenth day of
January one thousand seven hundred and sixty three.
And be it fart/zer enaez‘ed by Me aza‘borizfy aforesaid That it shall and Reformed
. . . . . utch
may be lawful for the commissioners of forfeitures for the southern dis- church at
trict to convey to the trustees of the Reformed Dutch church at Tarry 'lganl'gtggmw
Town in the manor of Philipsburg in the county of Westchester by the be con-
name in which they now are or shall be incorporated pursuant to the “Wed to‘
law of this State in that case made and provided, the church and two
acres of land adjoining thereto including the burial ground situate near
the upper mills in the said manor and also a certain farm situate near
Tarry Town aforesaid lately possessed by Samuel Hiisted deceased and
now in the possession of Stephen Van Vorhis the present minister of
the said church containing about one hundred acres, the improvements
of which were purchased by the trustees of the said church in lieu of
such lands as were heretofore set apart by the former proprietor of the
said manor for the use of the said church and are directed to be sold by
the said commissioners. And also to convey to such trustees as afore-
said of the Episcopal church in the said manor, the church or building
situate near the mansion house lately the residence of Frederick Philips
of the said manor together with two acres of land adjoining to the said
church and also the parsonage or glebe situate on the east side of the
saw mill river in the said manor and now in the occupation of the widow
of Luke Babcock clerk late deceased containing about ninety seven
acres, which was by the said Frederick Philips heretofore appropriated
for a parsonage or glebe.
And in order to arrest the interest accruing on bills of the said new
emission now in circulation.
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316
LAWS OF NEW YORK. [CHAR 59.
New emis—
sion bills,
redemp-
tion of.
Commis-
sioners to
coHect
monies
due and
make sales
with all
convenient
speed.
Negro
slaves for-
felted,
manumis-
sion of.
Id. ; care
of inﬁrm.
Philip and
Andrew
Skeene,
sale of
estates
stayed.
Tax to be
levied in
West-
chester
county for
court-
houses and
ga .
Be it further enacted hy the authority aforesaid That the treasurer shall
immediately after the passing of this act redeem as much of the said
new emission as he is now enabled to do or shall from time to time
hereafter be enabled to do with any gold or silver now in the treasury
or which may hereafter come therein and which has arisen or may arise
from the sales of forfeited and conﬁscated estates.
And whereas there have been unnecessary delays in tnc sale of the
conﬁscated estates in some parts of this State, therefore
Be it further enacted hy the authority aforesaid, That the commission-
ers of forfeitures for the several districts of this State shall, and they are
hereby directed and required to collect the monies remaining due upon
the sales of conﬁscated estates, and to proceed in the sales of such of
them as remain unsold, and directed to be sold by the said act hereby
amended with all convenient speed.
And he it farther enacted hy the authority aforesaid, That all negro
slaves, become the property of the people of this State, by the attainder
or conviction of any person whomsoever and now in possession of the
commissioners of forfeitures be, and they are hereby manumitted.
And he it further enacted hy the authority aforesaid, That the com-
missioners of forfeitures for the several districts be and they hereby are
required to provide for the comfortable subsistence of all such slaves so
forfeited in their respective districts as by age or inﬁrmity are become
unable to gain a subsistence, at the expence of the people of this State.
And whereas there are supposed to be sundry mortgages on the for-
feited estates of Philip Skeene and Andrew Skeene at Skeensborough,
the amount whereof cannot be ascertained as the records of the county
of Washington late county of Charlotte have hitherto not been found
but are supposed to be in Canada, and whereas his excellency the goven
nor is requested to pursue measures for the recovery of the said records.
Therefoie
Be it enacted hy the azcthorizy aforesaid, That the commissioner of for-
feitures for the-eastern district shall be and he is hereby required to
stay the sale of the said forfeited estates until the said records shall be
recovered and lodged with the clerk of the county of Washington, or
until his excellency the governor shall advise the said commissioner that
the said records cannot be obtained, or until the further order of the
legislature.
CHAP. 59.
AN ACT for building two court houses and a gaol in the county
of Westchester, and raising monies for that purpose.
PASSED the 1st of May, 1786.
Be it enacted hy the People of the State of New Yorh represented in Sen-
ate and Assemhly, and it is herehy enacted hy the authority of the same, That
the supervisors of the several towns manors and precincts in the county
of Westchester for the time being, shall be and they are hereby author-
ized and required, to cause to be raised and levied on the freeholders
and inhabitants of the said county, a sum not exceeding one thousand
eight hundred pounds, for building two court houses and a gaol in the
county, with an additional sum of sixpence in the pound for collecting
the same; which said sum shall be raised levied and collected in like
manner as the other necessary and contingent charges of the county are
raised levied and collected.
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CHAP. 59.] NINTH SESSION. - 317
And he it further enacted hy the authority aforesaid, That the said super- Meeting of
visors shall meet at Bedford in the said county on the second Tuesday supervlso-rs
in May in this present year 1786, for the purpose of dividing & appor—
tioning among the several towns manors and precincts of the said county
the money to be raised by virtue of this act ; and it is hereby made the
duty of the clerk of the said supervisors to notify the respective super-
visors of such meeting.
And he it further enacted hy the authority aforesaid, That one moiety Time when
of the sum to be raised as aforesaid shall be collected and paid into the to be
treasury of the said county on or before the ﬁrst day of October next,
and the other moiety thereof on or before the ﬁrst day of April next.
And he it further enacted hy the authority aforesaid, That there shall be Court-
two court houses and a goal in the said county of Westchester; that one 3351835“
court house and the gaol shall be erected and built at the White Plains ghite d
on or near the place where the court house and gaol formerly stood; will}? an
and the other court house shall be erected and built at Bedford in the ggggggf.
said county; that the ﬁrst moiety of the money to be raised by virtue of
this act, shall be applied to building the court house and gaol at the
White Plains; and that four hundred pounds of the second moiety of
the money to be raised by virtue of this act shall be applied to building
a court house at Bedford, and the residue of the said second moiety
shall be applied towards compleating the court house and gaol at the
White Plains.
And he it further enacted hy the authority aforesaid, That Stephen Ward, Qommis-
Ebenezer Lockwood, Jonathan G. Tompkins, Ebenezer, Purdy, Thomas 3,0513%}?
Thomas, Richard Hatﬁeld and Richard Sackett Junior Esquires, be and Pegd build-
they are hereby authorized and empowered, to superintend and direct m'°'
the building of the said court houses and goal ‘by virtue of this act, in
such manner as they or a majority of them, shall from time to time
judge most eligible, consistent with oeconomy and the interest of the
county; to contract with workmen, purchase materials, employ an over-
seer or overseers, of such workmen and occasionally to draw upon the
treasurer of the county for such sums of money as may be necessary for
the purposes aforesaid: and the said treasurer is hereby required, out of
the money so to be raised, as aforesaid, to pay to the order of the before-
named persons or a majority of them, such sums as they may from time
to time draw for. retaining in his hands a sum not exceeding one half
per cent. on the monies received and paid out by him by virtue of this
act: and the beforementioned persons shall, when thereunto required
by the supervisors of the the said county, account for the money so by
them to be received and expended.
And he it further enacted hy the authority aforesaid, That if the said Neglect of
treasurer or any supervisor assessor or collector shall neglect or refuse duty by
. . . ofﬁcers on
to perform the duty required of him by this act, the person so neglect- whom duty
ing or refusing, shall forfeit the sum of ﬁfty pounds, to be recovered in glgﬁgglffgor
an action of. debt, in any court of record within this State, by the before-
mentioned Stephen XVard, Ebenezer Lockwood, Jonathan G. Tomp-
kins, Ebenezer Purdy, Thomas Thomas, Richard Hatﬁeld and Richard
Sackett Jonior, or the survivors of them; which forfeiture or forfeitures
when recovered, shall be applied to defraying the expences of building
the said gaol. '
And he it further enacted hy the authority aforesaid That as soon as Courts.
the said court house, to be erected at the White Plains shall, in the 533%,‘;
opinion of the judges and justices of the inferior court of common pleas, 8w, OIL
- - . completion
and general sessions of the peace of the said county of Westchester, or a of court.
majority of them, be sufﬁciently convenient for holding courts therein, houses-
318
LAWS OF NEW YORK. [CHAR 60.
Prisoners
to be con-
ﬁned in
gaol when
erected.
Preamble;
will of
William
Nicoll, late
of Islip,
Suﬂolk
county.
the said judges shall adjourn the said courts, to be held at the next term
thereof at the court house in the White Plains: and that thenceforth the
inferior courts of common pleas and general sessions of the peace, to be
holden in and for the said county of Westchester, shall be alternately
held at the court house in the White Plains, and at the Presbyterian
meeting house in the township of Bedford, or at the court house to be
erected at Bedford. And that as soon as the court house to be erected
at Bedford, shall, in the opinion of the court then met at Bedford afore-
said, be deemed convenient for holding courts therein, the then term
and every term thereafter to be held at Bedford, shall be held at the
court house in Bedford; and that nothing in this act contained, shall
be construed to vitiate any process, recognizance, notice or other pro-
ceedings depending in the said courts.
And be it further enacted by the ant/zority aforesaid, That as soon as
the said gaol, to be erected at the White Plains, shall, by the judges of
the inferior court of common pleas of the said county, or a majority of
them, be deemed sufﬁcient for the detention of prisoners, they shall sig-
nify the same to the sherif of the county for the time being, who is
hereby required as soon as conveniently may be, to remove all prisoners
then in his custody to the gaol at the White Plains; and that thenceforth
the said gaol shall be the gaol of the county.
CHAP. 60.
AN ACT for the relief of William Nicoll.
PASSED the 3d of May, 1786.
WHEREAS William Nicoll late of Islip in the county of Suffolk Esquire
deceased, did among other things, give and bequeath in the words and
manner following unto his son William Nicoll “All my lands and here-
ditaments at Islip in the county of Suffolk not herein after disposed of
to my daughters, for and during his natual life without impeachment of
waste, subject to the authority herein after given to my executors, with
remainder to'the Honorable George Duncan Ludlow Esquire and the
Honorable Whitehead Hicks Esquire both of Queens county in New
York aforesaid and their heirs during the life of my said son William to
preserve the contingent remainders herein after limited to wit with
remainder to the ﬁrst son of my said son William for life with remainder
to the said trustees and their heirs during the life of the said ﬁrst son of
my said son William to preserve the contingent remainders herein after
limited, to wit, with remainder to the ﬁrst and every other son and sons
of the eldest son of my said son William successively according to their
seniority the eldest to be preferred before the younger to hold the same
in tail male and in case of the death of the ﬁrst son of my said son
William without issue then I give the said lands tenements and heredit-
aments to the second son and the issue male of such second son in the
same manner as ifl had repeated the above devise to his ﬁrst or eldest
son with like devises to the said trustees for preserving contingent
remainders intending to give an estate for life only to such second son
with a tail to his issue male successively, and so to every other son of
my said son William and the issue of such son successively upon the
.like contingencies.” and in default of such issue male then to the eldest
daughter of his said son William for life without impeachment for waste
with remainder over to the ﬁrst and every son of such daughter succes-
CHAP. 60.] NINTH SESSION.
319
sively to hold in tail mail and in default of such issue then to the second
and every other daughter of his said son William successively for life
with like remainders over to their respective sons successively in tail
mail and in default of such issue then to his son Samuel Benjamin for
life without impeachment for waste with like remainders over to pre-
serve the contingent remainder to this said son Samuel Benjamin and
his heirs male (without regard to his female issue) in the same manner
as he had before limited the same estate to his son William for life, and
then to his issue male, and in default of such issue male of his said son
Samuel Benjamin then to his three daughters and their issue male to be
equally divided between them and in default of their issue male then to
their issue female to be in like manner equally divided, and did in the
said last will and testament declare that it was his general intent to con-
tinue the estate at Islip ﬁrst in the male descendants of his son William,
then in the male issue of his daughters, then in the male issue of his son
Samuel Beniamin, then in the male issue of his own three daughters in
severalty, and upon failure of such male issue then to their issue female
in severalty, and that it should not be in the power of any of his
descendants before his great grand children to cut of the entail.
And w/iereas the said William Nicoll, the son, the devisee in the before
in part recited will mentioned hath presented his petition to the legis-
lature, setting forth that doubts have arisen whether the estate which
he holds under the said will be an estate tail or only for life. That
many of the farms in Islip were at the time of his fathers decease leased
at very low rents and that he is charged by the said will with the pay-
ment of annuities to the amount of one hundred and twenty six pounds
for ten years to his three sisters and an annuity of one hundred pounds
for twelve years to his brother. That conceiving himself to be pos-
sessed of an estate in tail he had been induced to contract debts to a
large amount but that the doubts respecting the nature of his estate are
such as render it impracticable to sell any part of the lands so as to dis-
charge his debts; that a number of executions have been issued against
him, that should they be levied on his estate, while the doubts respect-
ing it remain, it would prove insufﬁcient to pay his debts, he must be
turned out of the possession, and deprived not only of the means for
suitably educating his children, but of subsisting his family, and the
greater part of his creditors thereby ruined. That if trustees were to
be appointed by the legislature with authority to sell so much of the
lands as would produce the sum of four thousand pounds these evils
might be prevented and he enabled by honest industry and application
in a short time to discharge the remainder of his debts, and praying for
such relief as the legislature shall deem meet.
And w/zereas the said Samual Benjamin Nicoll to whom a contingent
remainder in the lands and hereditaments in Islip, by the aforesaid will
is limited, hath by his petition signiﬁed his desire that the legislature
would afford relief to his brother the said William Nicoll. And w/zereas
there is reason to believe that great destruction will inevitably take place
upon the lands and hereditaments aforesaid if the possession of them
during the life of the said William should be sold to the highest bidder,
whereby the estate of the remainder man will be greatly impaired besides
the injury which he must sustain by being deprived of the advantages of
a suitable education who being an infant and unable to act for himself,
and there being no law in this State affording relief in cases particularly
circumstanced, it is become necessary for the legislature to interpose and
by law as far as is possible to preserve the estate of the infant in remain-
der and provide for his maintenance and education, therefore
320 LAWS or NEW YORK. [CHAR 61.
Eestéiggto Be it enacted hy the People of the State of New Yorh represented in
Veyed to Senate and Assenzhly and it is herehy enacted hy the authority of the same,
That as soon as the said William Nicoll shall by good and sufﬁcient
poses deeds have conveyed to Ezra L Hommedieu William Floyd and Selah
named' Strong Esquires, all his right, title, interest and estate in and to the
lands tenements and hereditaments at Islip devised to him by the before
mentioned last will and testament of his father the said William Nicoll
deceased, the same shall therefrom and thereafter be vested in the said
Ezra L Hommedieu William Floyd and Selah Strong their heirs and
assigns for ever in trust for the following purpose-s, that is to say, to sell
so much thereof as shall be sufﬁcient to raise the sum of four thousand
pounds to be applied to the payment of the debts owing by the said
.William; but if such debts shall not amount to the sum of four thousand
pounds, then to sell so much only as will be necessary to discharge the
same: And that the deeds to be given by the said Ezra L Hommedieu,
William Floyd and Selah Strong to the purchaser or purchasers of the
lands to be by them sold by virtue of this act, shall operate to vest a
fee simple title in such purchaser or purchasers. That the said Ezra
L’Hommedieu, William Floyd, and Selah Strong shall then lease out the
residue and remainder of the said lands and tenements for any term not
exceeding the life of the said William Nicoll or seven years, reserving the
highest rents that can be obtained for the same, and to apply the monies
arising from such rents in the ﬁrst instance to the payment of the annui-
ties charged thereon by the will aforesaid; and then to the maintenance
and education of such issue of the said William Nicoll as shall be next in
remainder, according to the disposition in the said will made, and the
residue of such rents to be paid to the said William Nicoll or his assigns
during his life; and from and after the death of the said William Nicoll
the said residue of the said lands tenements and hereditaments shall
revest to the uses and trusts of the aforesaid will as if this act had never
been made.
Trustees to And he it further enacted hy the authority aforesaid That the said trus-
2115333233,? tees shall before they enter upon the execution of the trust hereby
reposed in them give bonds to the people of this State in such sum and
with such security as the chancellor of this State shall direct conditioned
for the faithful performance and discharge of the duties and trusts com-
mitted to them by this act.
CHAP. 61.
AN ACT for giving and granting to the United States in Con-
gress assembled, certain imposts and duties on foreign goods
imported into this State, for the special purpose of paying the
principal and interest of the debt contracted in the prosecution
of the late war with Great Britain.
PASSED the 4th of May, 1786.
\VHEREAs the people of this State are disposed to contribute to the
utmost of their power to the payment of the debt contracted for the
common defence of the Union during the late war, therefore
Congress Be it enacted hy the People of the State of New York represented in
$532,. to Senate and Asseinhly, and it is herehy enacted hy the authority of the same,
lay duty on That the people of this State do give and grant to the United States in
$332?" Congress assembled to be levied collected and applied in the manner
CHAP. 61.] NINTH SESSION.
321
hereinafter mentioned, the following duties upon goods imported into
this State from any foreign port island or plantation whatsoever, that is
to say— upon all rum Jamaica proof per gallon four ninetieths of a dol-
lar upon all other spirituous liquors three ninetieths upon Madeira wine
twelve ninetieths upon all other wines six ninetieths upon common
Bohea tea per pound six ninetieths upon all other teas twenty four nine-
tieths, upon pepper per pound three ninetieths, upon brown sugar per
pound one half ninetieth, upon loaf sugar per pound two ninetieths
upon all other sugars one ninetieth, upon molasses per gallon one nine-
tieth upon cocoa and coffee per pound one ninetieth, upon all other
goods a duty of ﬁve per cent ad valorem at the time and place of
importation.
And he it further enacted hy the authority aforesaid That the said
duties and imposts shall be levied and collected in the manner directe
in and by the act entitled An act imposing duties on certain goods wares
and merchandize imported into this State passed the eighteenth day of
November one thousand seven hundred and eighty four. And it is
hereby made the duty of the collectors of the said duties to render a
just and true account thereof from time to time when thereunto required
to the United States in Congress assembled.
And he it further enacted hy the authority aforesaid, That the collector Duties to
or collectors of the said duties of imposts within this State for the time
being shall from time to time during the continuance of this act pay to
the United States in Congress assembled or to their order the whole
amount of the said duties after deducting the salaries of the several
ofﬁcers concerned or employed in collecting the same) to be by them
applied towards paying the principal and interest of the debt contracted
during the late war with Great Britain: Provided always that the said
salaries shall not exceed eight per cent on the product of the said
impost.
And he it further enacted hy the authority aforesaid That it shall and
may be lawful to and for the United States in Congress assembled to
cause the said collectors or any other person concerned or employed in
collecting the said duties and imposts to be prosecuted by information
to be ﬁled in the supreme court of judicature, or in the court of
exchequer by the attorney of the United States to be appointed by their
resolution or act, for any default or neglect in the execution of the
duties required of them by this act, or by the said act entitled An act
imposing duties on certain goods wares and merchandize imported into
this State, and that all ﬁnes imposed on conviction for such neglect or
default shall be applied to the use of the United States; and upon every
such conviction another person shall be appointed instead of the person
so convicted.
And whereas it is the intention of the legislature that the monies aris-
ing by the said duties shall be applied to the discharge of the principal
and interest of the debts contracted by the United States during the late
war and to no other purpose whatsoever: Therefore
Be it further enacted hy the authority aforesaid, That it shall, and is
hereby declared to be a condition upon which this act is made, that all
the monies to arise from the duties or imposts aforesaid shall be applied
towards the discharge of the interest and principal of the debts con-
tracted on the faith of the United States for supporting the late war and
that an annual account of the proceeds and application of the revenue
aforesaid shall be made out and transmitted to the person administring
the government of this State for the time being, to be laid before the leg-
islature, distinguishing the produce of each and every of the speciﬁed
VOL. 2. —-41
Manner of
collection
of duties.
e paid to
United
States, less
expense of
collection.
Prosecu-
tion
against
collectors
or others
for default
or neglect.
Monies
arising by
duties to
be applied
to payment
of war
debts.
322
LAWS OF NEW YORK. [CHAR 62.
Act, when
in) take
effect and
how long
to be in
force.
Act recited
to be sus-
pended
when this
act is in
force.
Preamble.
Estate of
Robert
Hemp—
stead. de-
ceased,
vested in
trustees
for pur—
poses
named.
articles, and the whole of the revenue received from each State, and an
account of its application; and upon failure thereof the legislature of
this State reserve to themselves the right of repealing this act, and the
grant thereby made, anything in this act to the contrary notwithstand-
ing.
And be it fzcrt/zer enacted by the ant/zority aforesaid That this act
shall take effect and be in force whenever the United States in Congress
assembled shall declare to the person administering the government of
this State for the time being that the imposts aforesaid are agreed to or
granted to their acceptation for the term of twenty ﬁve years by the
several other States in the Union, and shall continue in force for the
space of twenty ﬁve years unless the said debt shall be sooner discharged,
and this State shall be answerable to the United States in Congress
‘assembled, that the monies in which the said duties and imposts shall
be received and paid by any law of this State, shall be equal to gold
and silver coin. ,
And be it fart/ter enacted by the ant/zority aforesaid That the said act
entitled An act imposing duties on certain goods wares and merchan-
dize imported into this State so far forth as the same imposed duties on
goods wares and merchandize, and all other acts imposing duties on
goods wares and merchandize imported into this State or allowing draw-
backs on goods wares and merchandize exported from this State shall
be and hereby are respectively suspended, during the time this act shall
opperate and be in force.
CHAP. 62.
AN ACT for vesting the real and personal estate or Robert
Hempsted Esquire deceased, in trustees for the payment of his
debts. '
PAssEn the 4th of May, 1786.
WHEREAS it hath been represented to the legislature, that the estate
of Robert Hempsted Esquire late of Southold in the county of Suffolk
deceased, is not sufﬁcient for the payment of his debts, and that Mehi-
table Hempsted, who by his last will and testament was appointed his
sole executrix, has renounced the administration of the said will, and
that the said estate is so particularly circumstanced in respect to certain
claims and debts, that it cannot be settled without great loss to his cred-
itors without the interposition of the legislature. And zobereas the
creditors of the said Robert Hempsted, his heir at law, and his widow
the said Mehitable Hempsted, by their several petitions, have prayed
that the said estate may be vested in trustees for the payment of the
testators debts, and settling the claims of his heir at law. Therefore
Be_it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly, and it is lzereby enacted by the azct/zority of the same,
That all the estate real and personal, which was of the said Robert
Hempsted at the time of his death, he, and the same is hereby vested
in trustees, to wit, in Jonathan N. Havens, Daniel Osburn and William
Horton Junior of the said county, their heirs and assigns, who are hereby
authorized and impowered as soon as may be, after the passing of this
act, to sell and dispose of the said estate, in such manner, to such per-
son or persons, and for such sum or sums of money, as they, or the sur-
vivors or survivor of them shall deem most conducive to the interest of
CHAP. 62.] NINTH SESSION.
323
the said estate, and to seal and execute good and sufﬁcient deeds and con-
veyances for the said real estate, which sale or sales so made and the
deeds and conveyances to be executed for the same, by the said trus-
tees, or the survivors or survivor of them, are hereby declared to be good
and effectual to all intents and purposes in law and equity, to vest in
such purchaser or purchasers the whole estate and interest which the
said Robert Hempsted at the time of his death had in the real estate so
‘ purchased.
And be it enacz‘ed by c/ze aaz‘lzorizy aforesaid, That it shall and may
be lawful to and for the said trustees, or the survivors or survivor
of them by and with the consent of the major part of the said creditors
in respect to the amount of their debts against the estate, to agree with
Thomas Hempsted, the said heir at law of the said Robert Hempsted,
to refer to arbitrators mutually to be chosen between the said trustees
or the survivors or survivor of them, and the said Thomas Hempsted,
all claims which he may have in the right of his mother Mary Hemp-
sted deceased, of in and to the lands devised or ordered to be sold in and
by the last will and testament of the said Robert Hempsted deceased:
and the award, judgment and determination of the arbitrators so chosen
or a majority of them, duly authenticated under their hands and seals,
acknowledgedand entered of record in the ofﬁce of the clerk of the
. said county, shall be conclusive to the parties, so that the said trustees,
or the survivors or survivor of them may sell and dispose of in manner
aforesaid, all the lands devised or ordered to be sold in and by the said
last will and testament of the said Robert Hempsted deceased, except
such part thereof as the said arbitrators shall adjudge award and deter-
mine to belong to the said Thomas Hempsted in the right of his mother
as aforesaid: Provided always, that the said trustees or the survivors
or survivor of them by and with the consent of the creditors as afore-
said, may agree and settle with the said Thomas Hempsted, all disputes
respecting his said claim, which agreement shall be binding on all the
said creditors.
And be if farz‘ber enacted by ﬁle azcz‘lzoriz‘y aforesaid, That it shall and
may be lawful for the said trustees by and with such consent of the
creditors as aforesaid, to purchase of Mehitable Hempsted, the said
widow of the said Robert Hempsted, her right of dower, of, in or to the
lands which belonged to him at ":e time of his death, and to pay her
such sum or sums of money as shall be agreed on by her and the said
trustees, for her release of her said right of dower, and by such con-
sent as aforesaid, to settle all disputes which may arise between her and
them respecting the said personal estate, by arbitration or otherwise as
may be agreed on.
And be it farl/zer enacted by Me aal/corily aforesaid, That it shall
and may be lawful for the said trustees or the survivors or survivor of
them to bring a suit or suits for the recovery of any estate or belonging,
or debts due, to, the said‘ Robert Hempsted,‘ and shall within one year
hereafter, make a division of all the monies belonging to the said estate,
which may have come into their hands, among the said creditors in
equal proportion according to the amount of their respective debts,
without any preference to bonds or other sealed instruments, giving
timely notice to the said creditors of the time and place of making such
division, and within one year thereafter shall make a further division in
manner aforesaid, if they shall have any such monies in their hands,
and shall within that time make a ﬁnal settlement of the said estate,
retaining in their hands such sum of money for their services and
expences in settling the said estate as shall be allowed by such majority
Trustees
to settle
claim of
heir at law
by arbitra-
tion.
Trustees
may pur-
chase
dower—
right of
wioow.
Trustees
may sue to
recover
debts; di-
vision of
estate
among
creditors.
324
LAWS OF NEW YORK. [CHAR 63,.
Trustees to
ﬁle bond
with clerk
of court of
common
pleas.
Treasurer
to pay sum
of money
to persons
named;
governor.
Chancellor
Chief
justice.
Puisne
justices
Secretary
of State.
of the creditors as aforesaid, and in case there should be any estate
remaining after paying the debts and expences as aforesaid, the same
shall be distributed and disposed of by the said trustees as is directed
in and by the last will and testament of the said Robert Hempsted
deceased.
And he it further enacted hy the authority aforesaid, That the trus-
tees before they exercise any of the powers hereby given, shall ﬁle in
the ofﬁce of the clerk of the court of common pleas for the county of
Suffolk, a bond in the penalty of one thousand pounds, with such security
as the said clerk shall think ﬁt, continued for the faithful discharge of
the trusts and powers vested in them in pursuance of this act and to
render an account of the said estate when thereunto required.
CHAP. 63.
AN ACT for the payment of the salaries of the ofﬁcers of gov-
ernment and other contingent charges.
PASSED the 5th .of May, 1786.
Be it enacted hy the People of the State of jVew Yorh, represented in
Senate and Assernhly, and it is herehy enacted hy the authority of the same,
That the treasurer of this State shall pay out of any unappropriated
monies in the treasury the following sums as herein after directed, that
is to say, to his excellency the governor for administering the govern-
ment of this State from the ﬁrst day of july last to the ﬁrst day of july
next at and after the rate of one thousand ﬁve hundred pounds per
annum to the person administering the government of this State for the
time being to defray the incidental charges which may arise in and
about the administering the government of this State such sum or sums
of money as he shall from time to time by warrant under his hand and
the privy seal of the State, draw from the treasury of the State for the
purpose, not to exceed in the whole the sum of one hundred and ﬁfty
pounds. To the Honorable R. Livingston Esquire Chanseller for his
services in that station from the ﬁrst day of july last to the ﬁrst day of
july next at and after the rate of ﬁve hundred pounds per annum. To
the Honorable Richard Morris Esquire chief justice of this State for
his services in that station from and'to the respective times aforesaid at
and after the rate of ﬁve hundred pounds per annum. To the Honor-
able Robert Yates and john Sloss Hobart Esquire puisne justices of
the supreme court of this State respectively for their services in that
station from and to the respective times aforesaid, at and after the rate
of ﬁve hundred pounds per annum. To the secretary of the State for
attending the legislature during the present sessions for the purpose of
receiving the laws and for attending the council of appointment from the
ﬁrst day of july last to the ﬁrst day of july next at and after the rate of
thirty pounds per ann um. To the said secretary for his services in record-
ing the laws making copies thereof with marginal notes for the press and
making copies by direction of the governor of the Senate or Assembly and
for engrossing the minutes of the council of appointment from time to
time after the rate of one shilling and six pence per folio to consist of
one hundred and twenty eight words agreable to such accounts thereof
as he shall produce audited by the auditor of this State. To the said
secretary for his extra services as secretary to the commissioners of the
land ofﬁce to the time of passing this act the sum of seventy pounds.
CHAP. 63.] NINTH SESSION.
325
To the S€V€T€Ll members of the Senate and Assembly for each and every
day they shall have attended in Senate and Assembly during the pres-
ent meeting of the legislature and for each and every day they shall
have been or may be traveling to and from their respective places of
abode to the place of the meeting of the legislature each the sum of
fourteen shillings per day to be computed at and after the rate of thirty
miles per day agreable to such accounts thereof as they shall respectively
produce certiﬁed by the president of the senate or the speaker of the
assembly as the case may be, and the account of the president of the
senate to be certiﬁed by the clerk of the senate and the account of the
speaker of the assembly to be certiﬁed by the clerk of the assembly.
To John McKesson and Abraham B. Bancker Esquire clerks of the
assembly and senate each the sum of thirty shillings per day for their
respective services during the present sessions. And also the amount
of such accounts for monies by them advanced for the use of the
assembly and senate as they shall respectively produce certiﬁed by the
president of the senate or the speaker of the assembly as the case may
require. To the treasurer of this State the sum of ﬁve hundred pounds
for his services from the ﬁrst day of July last to the ﬁrst day of July
next. To the said treasurer the sum of four hundred pounds for the
incidental charges of his ofﬁce to the auditor of the State the sum of
three hundred and ﬁfty pounds as his salary for the last year ending the
twenty third day of March last. To the secretary to his excellency the
governor at and after the rate of one hundred and ﬁfty pounds per
annum. To each of the delegates of this State at and after the rate of
one pound twelve shillings per day for such time as they have attended
or shall attend or were going to or returning from Congress to the
respective places of their abode according to such accounts as they
shall respectively produce audited by the auditor of this State. To
Egbert Benson Esquire attorney general of this State at and after the
rate of two hundred pounds per annum from the time of his appoint-
ment to the ﬁrst day of July next provided that on a settlement of the
said salary such sums as have been advanced by the treasurer of this
State to the said attorney general on account shall be deducted. To
the door keepers of the senate and assembly at and after the rate of
sixteen shillings per day agreable to such certiﬁcates thereof as they
shall respectively produce, certiﬁed by the president of the senate or
speaker of the assembly as the case may be. To the serjeant at
arms at and after the rate of twelve shillings per day agreable to such
certiﬁcate thereof as he shall produce certiﬁed by the speaker of the
assembly. To the members of the council of appointment at and after
the rate of sixteen shillings per day during their attendance on the
council in the recess of the legislature and for the time of their travel~
ing from and to their respective places of adode, according to such
accounts, as they shall produce certiﬁed by the clerk of the said council.
And in order the better to enable the treasurer to make the payments
aforesaid.
Be it further enacted hy the authority aforesaid That the collectors
for the port of New York and for Sagg Harbor shall and they are hereby
respectively required to pay into the treasury of this State all the
monies arising from the duties on goods wares and merchandise imported
into this State on or before the seventeenth day of April one thousand
seven hundred and eighty six with all convenient speed and if any per-
son or persons who have or hath given bond or security for payment of
any such duties shall refuse or neglect to pay the same the collector to
whom any such bond or security hath been given shall and he is hereby
Members
0 gis-
lature.
Clerks of
legislature.
Treasurer.
Secretary
to the
governor.
Delegates
to Con-
gress.
Attorney—
general.
Door—
keepers of
legislature.
Sergeant-
at-arms.
Council of
appoint-
ment.
Collectors
of customs
to pay over
monies to
State
treasurer.
326
LAWS OF NEW YORK. [CHAR 65.
Act recited
to be car-
ried into
effect, asif
Albany
county had
not been
divided.
Loan ofﬁ-
cers may
be appoint-
ed on last
Tuesday
of May.
Preamble.
required Within ten days ‘after the same shall become due to cause such
bonds or securitfes to be put in suit, and to prosecute such suit or suits
to effect. And the monies due or to become due on such bonds or-
securities or recovered in any such suit shall be paid in gold or silver
only, to the ‘collectors and shall by them respectively be paid to the
treasurer of this State in gold or silver only, any law to the contrary
thereof in any wise notwithstanding.

CHAP. 64.
AN ACT supplementary to an act entitled “An act for emitting
the sum of two hundred thousand pounds in bills of credit, for
the purposes therein mentioned.
PAssED the 5th of May, r786.
WHEREAS the county of Albany, has, since the passing of the act
entitled “ An act for emitting the sum of two hundred thousand pounds
in bills of credit for the purposes therein mentioned,” been divided
into two counties by the names of Albany and Columbia. Therefore.
Be it enacted by t/ze People of tbe State of New- Yor/e, represented in
Senate and Assembly, and it is lzereby enacted by t/ze ontborizy of tbe sanze,
That the bills of credit to be emitted in pursuance of the said act, and
assigned for loan to the county of Albany, and all and every proceed-
ings by virtue of the said act respecting the loan of the said bills
assigned as aforesaid, to the county of Albany, shall be lent, and had
in like manner as if the act entitled “ An act dividing the county of
Albany into two counties” had not passed.
And be it fzcrt/zer enacted by tile ant/corny aforesaid, That it shall and
may be lawful for the judges of the inferior courts of common pleas,
and supervisors of the several counties, who shall not have appointed
loan ofﬁcers, in pursuance of the directions of the said act on the day
for that purpose mentioned in the said act, to make such appointments
on the last Tuesday of May instant.
CHAP. 65.
AN ACT to enable Charles John Evans and Agatha his wife to
make the conveyance therein mentioned.
PASSED the 5th of May, 1786.
VVHEREAS a controversy subsisted between the heirs and devisees of
John Bradstreet late of the city of Albany Esquire and their representa-
tives of the one part and \Villiam Walton and Gerard iValton of the city
of New York relative to the lands situate in the county of Montgomery
comprehended within the bounds and limits following to wit all that
tract of land situate and lying on the west branch of the Delaware river
in the county of Montgomery beginning where the line of property as
run by Simon Metcalfe in the year 1769 departs from the Delaware
river and running along the said line as the needle pointed in the year
1769 before mentioned north nine degrees east one thousand three
hundred chains to the tract granted‘ to Alexander Wallace and others,
CHAP. 65.] NINTH SESSION.
327
then along the same as the needle pointed in the year 1770 east
three hundred and seventy two chains to the north west corner of a
tract of thirty thousand acres of land granted to John Rapelje and
others, thence along the west bounds thereof as the needle pointed in
the year 1775 south one degree and thirty minutes east one thousand
chains to the west branch of Delaware river aforesaid, and then westerly
along the said branch as it winds and turns to the place of beginning
containing ﬁfty one thousand acres of land and the usual allowance for
highways. And also all that certain tract or parcel of land situate lying
and being in the county of Montgomery beginning at the south west corner
of a tract of twenty thousand acres of land granted to William Walton
and others in the,year 1770, which corner is on the west bank of the
west branch of Delaware river at or near the mouth of a creek called
Caniskutty, and runs thence along the line of the said tract north twenty
two degrees west one thousand and seventy chains to a tract of twenty
eight thousand acres of land on Susquehanna river granted to Alexan-
der Wallace and others, then along the last mentioned tract south ﬁfty
degrees west ten chains and sixty two links to a tract of thirty thousand
acres of land granted in the year 1775 to John Rapelje and others thence
along the line thereof south twenty two degrees east one thousand and
forty four chains to the west branch of Delaware river aforesaid and up
along the stream of said branch to the place of beginning containing
one thousand acres of land and the usual allowance for highways to
which said lands the same being then unpatented the said parties respec-
tively laid claim before the board of commissioners of the land ofﬁce.
And w/zereas for settling and determining such controversy Charles
John Evans one of the persons interested under the heirs and devisees
of the said John Bradstreet did by a certain agreement under his hand
and seal duly executed covenant and agree to convey in fee simple ten
thousand acres of the said lands with the usual allowance for highways
to the said William Walton and Gerard Walton one thousand acres
whereof and the usual allowance for highways to be located between
the township of Walton and a certain tract of land granted to John
Rapelje and others and the other nine thousand acres with the usual
allowance for highways to adjoin the said tract so granted to the said
John Rapelje and others and to begin in the southerly bounds of
a tract of land on the Susquehannah river granted to Alexander
Wallace and others at a small beech corner tree marked W C 1773
which tree is surrounded with stones and stands on the west side of a
run of water thence from the said corner tree along a line of trees
marked for the bounds of a tract of land granted to Alexander Wallace
and others west one hundred chains thence south one degree and thirty
minutes west to the Cookquago branch of Delaware river aforesaid
thence up the same river easterly as it winds and turns to the lands so
granted to the said John Rapelje and others then along the bounds
thereof north one degree and thirty minutes west one thousand chains
to the place of beginning and the said William Walton and Gerard Walton
for themselves and their associates thereupon relinquished their claims
to the said tracts of land ﬁrst above described. And w/zereas two certain
letters patent have lately been issued under the great seal of this State
respectively bearing date the twelfth day of January 1786 for granting the
said lands to Agatha Evans, wife of the said Charles John Evans, Eliza-
beth Livius wife of Peter Livius and Samuel Bradstreet and Martha
Bradstreet all devisees of John Bradstreet And w/zereas several of the
said representatives of Martha Bradstreet one other of the devisees of
the said John Bradstreet are minors but the said agreement was entered
328
LAWS or NEW YORK. [CHAR 66.
Charles
John
Evans and
wife may
execute
sufficient
deed for
lands re-
ferred to.
Treasurer
to pay sum
of money
to Isaac
Roosevelt
and John
Stagg.
Certiﬁcate
to Reuben
Bloomer.
executor.
Commis-
sioners of
sequestra-
tion may
receive
certain
certiﬁcates
into by the consent and approbation of the attornies of Sir Charles
Gould the sole executor of the last will and testament of the said Mar-
tha Bradstreet who was authorized in and by the last will and testament
to dispose of all the real estate of the said Martha Bradstreet. -
And whereas it is represented that the said agreement was beneﬁcial
to the said minors. Therefore Be it enacted hy the People of the State
of New Yorh represented in Senate and Assenzhly and it is herehy enacted
hy the authority of the same That it shall and may be lawful to and for
the said Charles john Evans and Agatha his wife to convey and grant
to the said \Villiam Walton and Gerard \Valton their heirs and assigns
for ever the said ten thousand acres of land agreed by the said Charles
john Evans to be conveyed to them as aforesaid and that from and
after the said Charles john Evans and Agatha his wife shall have granted
and conveyed the same all and every person or persons claiming or
deriving title under the said letters patent shall be barred and precluded
therefrom and such title shall be vested in the said William Walton and
Gerard \Valton their heirs and assigns for ever as fully and absolutely
as if all the persons deriving title under the said letters patent had
become parties to the said conveyance.
CHAP. 66.
AN ACT for the payment of certain sums of money and for
other purposes therein mentioned.
PASSED the 5th of May, 1786.
Be it enacted hy the People of the State of New Yorh represented in
Senate and Assenzhly, and it is herehy enacted hy the authority of the same,
That the treasurer of this State, shall out of the monies which now are
or hereafter may be in the treasury, and not otherwise specially appro-
priated, pay to Isaac Roosevelt and john Stagg Esquires, such sums of
money as have been advanced and applied by them towards repairing
the hospital in this city, for the use of the State, not exceeding in the
whole the sum of two hundred and forty pounds.
And he it further enacted hy the authority aforesaid, That the treas-
urer shall, and he is hereby required to ascertain the sum due for prin-
cipal and interest on a certain bond bearing date the twenty ﬁfth day
of March one thousand seven hundred and seventy ﬁve, executed by
Gilbert Drake of the county of West Chester, to William Lownsbery,
in the penal sum of one hundred and ﬁfty four pounds, and conditioned
for the payment of seventy seven pounds; and for the sum so due as
aforesaid, to issue a certiﬁcate to Reuben Bloomer, executor of the last
will and testament of the said William Lownsbery now deceased, which
certiﬁcate shall bear an interest of ﬁve per cent per annum.
And he it further enacted hy the authority aforesaid, That it shall and
may be lawful for the late commissioners of sequestration of the sev-
eral counties in this State to receive in payment of debts due for arti-
cles sold, or rents reserved by them, any of the public securities desig-
nated in the ﬁfth section of the act, entitled, “An act for the speedy
sale of the conﬁscated and forfeited estates within this State, and for
other purposes therein mentioned ; ” provided such payments shall be
made, by the said commissioners into the treasury of this State on or,
before the ﬁrst day of October next.
CHAP. 66.] NINTH SESSION. 329
And he it further enacted hy the authority aforesaid, That it shall be Accounts,
and it is hereby made the duty of the late commissioners of sequestra- Sfggisoéue
tion, and of all other persons possessing books, papers, bonds, notes or fvl'feited
other evidences of debts due from any person or persons to any estate Eitglﬁo'g‘l
or estates forfeited to the people of this State to deliver the same to lgggsigry
the treasurer of this State without delay. And it is hereby made the '
duty of the treasurer to receive such books,,papers, bonds, notes or
other evidences of debts due as aforesaid, and on neglect or refusal of
any person or persons in whose possession such books, papers, bonds,
notes or other evidences of debts shall be to deliver the same, the said
treasurer is hereby directed to prosecute the person or persons so neg-
lecting or refusing in an action of debt, or detinue, in his own name, in
any court of record within this State, having cognizance of the same.
And he it further enacted hy the authority aforesaid That it shall and Certiﬁcate
may be lawful for the treasurer and he is hereby required, to issue to $183311“
John Alsop, a certiﬁcate bearing an interest of ﬁve per cent per annum,
for such sum as shall appear to be due to him by an account to be
audited by the auditor of this State, for his proportion of the amount
of the sales of tea, the property of the said John Alsop and Christopher
Smith, which was seised and sold by the commissioners of sequestra-
tion in Ulster county during the late war.
And he it further enacted hy the authority aforesaid, That it shall and Certiﬁcate
may be lawful for the treasurer and he is hereby required, to issue to £35338?
Jonathan Shephard, a certiﬁcate for the sum of seventy four pounds, hard-
thirteen shillings and four pence, to replace a like certiﬁcate formerly
granted to said Jonathan Shephard, which was casually burnt ; provided,
that the said Jonathan Shephard, shall previously make oath of such
loss, and describe the said certiﬁcate, to the satisfaction of the treas-
urer; and give bond in a sum double the amount of the principal and
interest due on such certiﬁcate, with sufﬁcient security to the treasurer
of this State, to be approved of by the said treasurer to indemnify the
people of this State in the premises.
And he it further enacted .hy the authority aforesaid, That the treasurer Certiﬁcate
of this State be, and he is hereby authorised and required, to issue a £20112?
certiﬁcate to Peter Ricker for the sum of one hundred and twenty seven
pounds ten shillings with the interest thereon, from the ﬁrst day of
October last; being the sum paid by the said Peter Ricker, to the loan
ofﬁcers of the county of West Chester in discharge of a mortgage on a
farm forfeited to the people of this State, by the conviction of Shubal
Sniffen, and purchased by the said Peter Ricker.
And he it further enacted hy the authority aforesaid, That the said treas- Sum of
urer shall pay to Brinton Paine Esquire the amount of such account as he iiiaoliiziihttiii
shall produce, audited by the auditor of this State, for monies expended by the said Brinton Paine, for procuring necessaries for prisoners, citi-
zens of this State, and of the other United States while in captivity,
not exceeding in the whole, the sum of ﬁfty two pounds ten shillings ;
and that the said sum be charged to the account of the United States.
And he it further enacted hy the authority aforesaid That the treasurer Sums of
of this State, shall pay to Nicholas Fish Esquire, ninety four pounds {,‘goggggtﬁo
fourteen shillings and ﬁve pence, which together with forty eight pounds llji'iigélglnag
advanced to him by his excellency the governor, is in full for his ser- Petrus
vices and expenditures for repairing to the province of Quebec, to con- Kynkoop,
vey an exempliﬁcation of the deﬁnitive treaty between the United States
and the King of Great Britain, to the said province, and for conferring
with the governor of the said province respecting the British garrisons
in this State. To Petrus WynkOOp Junior nine pounds, three shillings
VOL. 2. —— 42
330
LAWS OF NEW YORK. [cam 66.
Certiﬁcate
to Harrison
Palmer and
Charles
Doughty.
Money due
from Rob-
ert Hinch—
man re_
mitted.
Allow-
ances to
com mis~
sioners of
sequestra-
tion of
Montgom—
ery county
Persons re-
ferred to
restored to
citizenship
James
Peters may
return to
the State.
Rent due
from Rob-
ert Coch-_
ran re-
mitted.
Udny Hay
to release
Henry
Glen from
a judg-
ment.
in full for a judgment recovered against him by William Pease for dam-
ages he sustained in consequence of the said Petrus \Vynkoop Junior,
having executed a warrant of impress issued by his excellency the gov-
ernor.
And be it fart/ter enacted by t/ze ant/zorizjv aforesaid, That it shall and
may be lawful for the treasurer of this State for the time being, and he
is hereby directed to issue a certiﬁcate to Harrison Palmer and Charles
Doughty, for ﬁve hundred and twenty ﬁve pounds, four shillings and
seven pence being the amount of monies detained from them by the
late commissioners for inquiring into, detecting and defeating con-
spiracies, payable with interest at ﬁve per cent from the twenty third
day of January, in the year one thousand seven hundred and seventy
seven, which sum has been accounted for by the said commissioners to
the auditor of this State‘.
And be it fzcrt/zer enacted by Me azct/zority aforesaid That the sum of
two hundred and twenty seven pounds one-shilling and ﬁve pence half
penny, loan ofﬁce money due from the estate of Robert Hinchman
deceased, late one of the loan ofﬁcers of Queens county, shall be, and
hereby is remitted.
And be it fart/zer enacted by t/ze aat/zorizj/ aforesaid, That it shall and
may be lawful for the auditor of this State, in auditing the accounts of
the commissioners of sequestration for the late county of Tryon, now
Montgomery, and of the county of \Vest-Chester, to make such allow-
ances to the said commissioners, as shall appear reasonable, for such
sums of money due for goods or chattels, sold by thesaid commission-
ers respectively; and which it shall appear to the auditor by satisfactory
proof that the said commissioners were prevented from recovering, by
the events of the late war.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That the several
persons mentioned in the third clause of the act entitled “An act to
preserve the freedom and independence of this State, and for other
purposes therein mentioned,” passed the 12th day of May, 1784, and
Peter Van Schaack Richard Bartlett, Theophilus Nellson, and Zebulon
\Valbridge, shall be and they are hereby respectively restored to all
their rights, privileges and immunities as citizens of this State, from
and after such time as the said persons respectively shall in any court
of record of this State take the oath of abjuration and allegiance pre-
scribed by law, any thing in any former law contained to the contrary
thereof notwithstanding.
And be it fart/ter enacted by t/ce ant/cority aforesaid, That it shall and
may be lawful for James Peters late of Orange county, to return to and
remain in this State for the purpose of settling his private affairs, any
law to the contrary notwithstanding.
And be it fnrt/zer enacted by the aut/zority aforesaid, That one years
rent due to this State for lands demised to Robert Cochran, at Crown
‘Point, be and the same is hereby remitted.
And be it fart/ter enacted by the ant/zority aforesaid, That Udny Hay
Esquire, late State agent, is hereby authorised and required, to release
and discharge Henry Glen Esquire, of and from a judgment recovered
before John Jacob Beekman Esquire, against the said Henry Glen, by
the said Udny Hay, for twenty pounds, as a forfeiture for neglecting to
perform certain duties required of the said Henry Glen as supervisor of
the district of Schenectady in the county of Albany, upon the said
Henry Glen’s paying the costs accrued on the said judgment.
And zo/zereas two several locations have been made on a certain mes-
suage and farm at Fishkill in the county of Dutchess forfeited to the
CHAP. 66.] NINTH SESSION. 331
people of this State by the conviction of John Kane and seperate deeds
thereof given by the commissioners of forfeitures for the middle district,
to John H. Sleght and Charles McKnight and w/zereas a suit is now
depending between the persons claiming under the said deeds respec—
tively, concerning the title of the said messuage and farm: in order
therefore to put an end to such suit and to quiet the parties thereto.
Be ii‘ fnrl/zer enacz‘ed by fire anz‘borizfy aforesaid, That as soon as the (30mm-
said Charles McKnight shall release all his right title and interest in giggle?“
and to the said messuage and farm to the said John H. Sleght or to Charles
such person or persons as may now hold the same by title derived from the said John H. Sleght that then it shall and may be lawful for the said H- Sleght-
Charles McKnight to locate on any forfeited lands and tenements in the
southern district of this State, to the amount of the ﬁrst appraisment
made of the said messuage and farm at Fishkill, together with the inter-
est thereof from the time of the said ﬁrst location; and also together
with the costs accrued in the suit above mentioned to be taxed by a
judge of the court in which such suit is pending, shall be considered as
so much paid towards the lands and tenements which shall be located
in manner aforesaid; to be appraised, conveyed and paid for in like
manner as it is directed by the act, entitled “An act to liquidate and
settle the accounts of the troops of this State, in the service of the
United States; provided, that if the lands and tenements to be located
as aforesaid shall be appraised at an higher sum than the amount of the
principal and interest and such costs as aforesaid, the excess shall be
paid in gold or silver.
And be it fari/zer enacz‘ed by t/ze aal/zorizy aforesaid That the treasurer Treasurer
of this State shall out of any monies which now are or hereafter may be 3,133,188";
in the treasury and not otherwise specially appropriated pay the follow- speciﬁed-
ing sums of money and to the following persons, that is to say—to his
excellency the governor the sum of four hundred pounds thirteen shil- Governor.
lings and eight pence in full of his account for the incidental charges of
administring the government of this State after deducting the several
sums he has received on account thereof; and also the sum of one
hundred and forty nine pounds and two pence for monies advanced by
him for defraying the expences of and making presents to certain Oneida
Indians in pursuance of concurrent resolutions of the senate and assem-
bly of the seventh day of March last. To Gilbert Livingston and Gilbert
Augustine Lawrence Esquires one hundred and forty pounds for sign- Qggigisggg
ing stamping and delivering certain bills of credit commonly called bills tine Law-
of the new emission. To the surveyor general of this State the ballance :ﬁi'yop
of such account as he shall exhibit audited by the auditor of this State general.
for his expenditures in surveying the lands purchased of the Oneida Jonathan
and Tuscarora Indians. To Jonathan Landon Esquire the sum of one Landon
hundred and ﬁfty four pounds eleven shillings and ten pence being the‘
ballance due to him on his cash account as the same is audited by the
auditor of this State.
And be iz‘farl/zer enacz‘ed by i/ze ani/zorizy aforesaid That the treasurer Commis-
of this State shall pay unto the commissioners of forfeitures for the §§,‘,’.’,‘.§,§?,§§s_
western district out of any monies unappropriated in the treasury the
sum of two hundred and ﬁfty pounds on account. To Samuel Loudon Samuel
the sum of three hundred pounds on account as printer to the State. London-
To Anthony Post for repairs to the exchange the sum of eight pounds Anthony
ﬁve shillings and two pence. To Elizabeth Holt the sum of two hun- Eist‘
lzabeth
dred pounds for one years salary of her late husband John Holt as a Holt.
printer employed by the late convention of this State. To Abraham B. Abraham
Bancker seventy ﬁve pounds in full for his services during the late war B'Bancke'
332 LAWS or NEW YORK. ' [cHAR 66.
as deputy secretary of the State for which he has received no compen-
John sation. To john McKesson Esquire, clerk of the assembly for his
McKesson' services in that station and for sundry disbursements for the assembly
in September and October 1780 and at the two ﬁrst meetings of the
legislature in the year 1781, the sum of two hundred and two pounds
ﬁve shillings and ten pence. To Samuel Frauncis in compensation for
Samuel sundry disbursements by him made to support prisoners belonging to
Francis- this State during the late war and for sundry services by him performed
during the same war the sum of two hundred pounds.
Commis- And he it further enacted hy the authority aforesaid, That the Honorable
Robert Yates Esquire Philip Schuyler and Gerard Bancker Esquires
Mﬂssa- commissioners appointed to assist in ascertaining and running a line of
chusetts . . . . .
boundary jurisdiction between this State and the Commonwealth of Massachusetts
“116' or any two of them be and they are hereby authorised from time to
time to draw upon the treasurer of this State for such sums of money as
they shall judge necessary for defraying the expences attendant on the
business committed to them not exceeding in the whole the sum of six
hundred pounds for which they shall be accountable, and the said com-
missioners and the commissioners appointed to complete the running of
a jurisdiction line between this State and the Commonwealth of Massa-
chusetts by virtue of a law of this State passed the 11th day of Novem-
ber 1784, and a law passed this present session, be and they are hereby
allowed forty shillings per day over and above their expences of pro-
visions and necessaries, the accounts as well of the expenditures as of
the time of service to be ascertained and certiﬁed to the treasurer by
the auditor of this State, and on such account rendered to be paid by
the treasurer of this State.
Collectors And he it further enacted hy the authorizy aforesaid, That the treasurer
2238?)?‘ of this State is hereby authorised and required to pay to the collector
customs of the port of New York in quarterly payments at and after the rate of
one thousand ﬁve hundred pounds per annum. To the collector of the
port of Sagg Harbour at and after the rate of seventy ﬁve pounds per
annum. To the surveyor and searcher at and after the rate of two
hundred and ﬁfty pounds pr. annum and to each of the land and tide
waiters the sum of ten shillings pr. day.
And whereas john Gelston and Francis Post respectively were
indebted to the loan ofﬁce of the late colony now State of New York
and have by their several petitions shewn that they were unavoidably
prevented from making payments of their said respective debts within
the time limited in the act entitled, “ An act to enable persons to dis-
charge debts due to this State for monies loaned while this State was a
colony passed the 7th April 1785 ” and whereas the real estate of the
said debtors mortgaged for their respective debts in the said loan ofﬁce
have in pursuance of the said act been sold by the loan ofﬁcer of the
city and county of New York for specie; and Were purchased by the
said debtors who are now indebted for the same and the said debtors
having prayed that they may be permitted to discharge their said debts
in such certiﬁcates as are mentioned in the said act, therefore
Certiﬁcates Be it enacted hy the authority aforesaid That it shall and may be law-
ﬁgﬁggegf ful for the said loan ofﬁcers to receive of the said john Gelston & Fran-
ggohnnaﬁfil- cis Post in discharge of their respective mortgages such certiﬁcates as
Francis are made receiveable in discharge of estates mortgaged in the said loan
Post’ ofﬁce by the said act to the amount of the principal and interest due on
their respective mortgages as if no such sale had been made provided
such certiﬁcates be paid to the said loan ofﬁcer by them respectively
CHAP. 66.] NINTH SESSION. 333
within thirty days after the passing of this act and the expences accrued
in selling the same be paid in specie.
And whereas William Barber, Esquire, Continental commissioner for
liquidating and adjusting accounts within this State has given certiﬁ-
cates to the treasurer of this State for sundry articles of property taken
from inhabitants of this State and whereas a considerable part of such
property as aforesaid, was taken from persons whose estates were not
sequestered, therefore
Be it enacted hy the authority aforesaid, That it shall and may be Certiﬁcates
lawful to and for Stephen Ward and Samuel Drake Esquires to certify 33,1535?
unto the treasurer of the State, which of the persons or their legal rep- described-
resentatives for which he has received such certiﬁcates as aforesaid,
appear to them entitled to compensation and the treasurer is hereby
required to give unto each person so to be certiﬁed as entitled to com-
pensation, his or her legal representative a certiﬁcate of equal amount
to the sum allowed by the said William Barber and bearing like interest
from the day of the date of the certiﬁcate granted by the said \Villiam
Barber. _
And .he it further enacted hy the authority aforesaid, That the surveyor Advances
general of this State be and he is hereby authorised from time to time to $33,137“
draw on the treasurer of this State for a sum not exceeding ﬁve hundred
pounds to enable him to carry into effect such duties as may be enjoined
him by the commissioners appointed by the act entitled An act for the
sale of the unappropriated lands within this State and for other pur-
poses therein mentioned.
And he it further enacted hy the authority aforesaid, That every person Certiﬁcates
or person holding or possessing certiﬁcates issued by Udney Hay 232%,?‘
Esquire late agent of this State or any of his assistant agents or by lieu of
Jacob Cuyler Morgan Lewis or Andrew Bostwick, Esquires in pursuance 23323,,
of former laws of this State shall after such person or persons shall have certiﬁcates
endorsed his her or their name or names on such certiﬁcates in his her
or their own proper handwriting, deliver the same to the treasurer of
this State on or before the ﬁrst day of September next and every such
person or persons holding or possessing such certiﬁcates and who shall
not endorse and deliver the same to the treasurer on or before the day
last aforesaid shall be from thenceforth barred and precluded from any
compensation or payment for such certiﬁcates, and the treasurer of this
State in hereby authorised to issue certiﬁcates to such person or persons
for the amount of the sums mentioned in the certiﬁcates delivered to
the said treasurer, in the manner directed in and by the act entitled An
act for emitting the sum of two hundred thousand pounds in bills of
credit for the purposes therein mentioned and the treasurer is hereby
required to publish this clause so far as the same respects the said cer-
tiﬁcates in one or more of the public news papers printed in the cities
of New York and Albany for the term of six weeks
And he it further enacted hy the authority aforesaid That the auditor of Auditor to
this State be and he is hereby required to settle and audit all the 233111131323;
accounts of the said Udney Hay together with such other accounts of Udney Hay
the said Udney Hay for services which he was authorised to perform
by laws or concurrent resolutions of the legislature as soon after the said
ﬁrst day of September next as conveniently may be, and to settle and
and adjust the same upon principles of equity and good conscience,
when it shall appear that the proper vouchers were lost, by the ﬁre
which consumed the said Udney Hays house and also agreable to the
directions contained in a law of this State passed the 22d of April 1785,
the non settlement of his accounts by his assistants notwithstanding.
334 LAWS OF NEW YORK. [CHAR 67.
That the treasurer of this State be and he is hereby authorised and
required to pay unto the said Udney Hay the ballance of the sum of
one thousand pounds for so much due from the said Udney Hay as late
State agent unto Daniel Parker Esquire and which the said Udney Hay
was by law directed to pay and to charge the same in account with this
State.
Certain And ée z'z‘ farZ/zer eizaez‘ed av z‘lze aul/wrz'zfy aforesaid, That it shall and
83351;)?‘ may be lawful for any public ofﬁcer who was employed during the late
pay_claims war, under the authority of the United States or of this State, and who
iggg‘siﬁ, now is or hereafter shall be prosecuted for services performed at his
certiﬁcates request or articles by him purchased or taken for the use of the United
referred to . . . . .
States or this State, to tender 1n court any of the public securities enumer-
ated in the ﬁfth section of the act entitled An act entitled an act for the
speedy sale of the conﬁscated and forfeited estates within this State and
for other purposes therein mentioned passed the 12th day of May 1784,
at the rates at which such certiﬁcates are respectively receivable for
forfeited estates in full discharge of such demand; provided it shall
appear to the court that the services done or articles furnished were
done for or applied to the use of the United States or of this State.
And w/zereas the corporation of “ The Marine Society of the City of
New York in the province of New York in America have, by their peti-
tion to the legislature setting forth that in consequence of the late happy
revolution several terms in the stile and name of the corporation are
become improper, humbly praying that the stile and name of the said
corporation may be altered, Therefore
Marine Be it enacted [ly the authority aforesaid That the stile and name of
Society of - - -
the City of the sa1d corporation shall be altered from the present stile and name to
ﬁfgéfgé“ the stile & name of The Marine Society of the City of New York in
name. the State of New York and that the said society shall from and after
the passing of this act be known by such stile and "name as last men-
tioned and not by the stile or name expressed in their charter of incor-
poration.
CHAP. 67.
AN ACT for the speedy sale of the unappropriated lands within
this State and for other purposes therein mentioned.
PASSED the 5th of May, 1786.
WHEREAS experiment has evinced that the settlement of the unap-
propriated lands in this State, in the manner directed by former acts, is
subject to great embarrassment and inconvenience and productive of
controversy. For prevention whereof
Land Be it enacted by i/ze Peejﬁle 0f the State 07‘ New Yer/e represe/zz‘ed 2'22.
$3132.??? Senaz‘e and Assemely and 2'! 2'5 /zere&y eizaered l2)’ t/izea’ut/zm'z'zj/ 0f Z/ze same
compose. That his excellency the governor or person adminlstering the govern—
ment of this State for the time being, the lieutenant governor, the
speaker of the assembly, the secretary of the state, the attorney general,
the treasurer and the auditor of this State respectively for the time
being shall be and they hereby are appointed commissioners of the
land ofﬁce, to direct the disposing and granting of the unappropriated
lands within this State according to such powers and directions as shall
from time to time be prescribed by the legislature ; and all and every
of the powers and trusts to be vested in them by this or any future,
CHAP. 67.] NINTH SESSION.
335
act, shall and may be lawfully executed by any three of them, the gov-
ernor or person administering the government of this State for the time
being to be always one, and that the secretary of this State shall ex
ofﬁcio always be the secretary of the said commissioners.
And be it fart/ler enacted by t/ze aut/zority aforesaid, That it shall and
may be lawful to and for the said commissioners and they are hereby
authorized from time to time, to direct and require the surveyor gen-
eral of this State for the time being, to cause actual survey of the out-
lines of all such of the waste and unappropriated lands of this State,
as they shall deem proper for sale, and most promotive of the interest
of this State, to be made, provided always that the said commissioners
whenever they shall think proper, may direct the surveyor general, to
lay down on amap any tract of land for sale, without proceeding to
the survey of the out lines thereof.
‘And be it fart/zer enacted by t/ze aat/zoritv aforesaid, That it shall and
may be lawful to and for the said commissioners and they are hereby
required from time to time to direct the surveyor general to lay each
and every of the tracts, directed to be laid out by the said commission-
ers into townships on a map to be by him made, each township to con-
tain as nearly as may be sixty four thousand acres of land, and as nearly
in squares as local circumstances will permit.
And be it fart/zer enacted by t/ze azct/zorizy aforesaid, That the said
surveyor general, where any township shall include lands heretofore
granted, under the great seal of the late colony of New York, or under
the great seal of this State, or which may have been located as bounty
lands by virtue of any law of this State, or shall have been granted, or
determined to be granted by the said commissioners on equitable claims,
shall lay down the same on the map thereof and the unappropriated
lands in such township or townships only, shall be sold in manner herein
after directed.
And be it fart/zer enacted by t/ze azct/zority aforesaid, That the said
surveyor general as soon as may be, shall make a map of such tracts so
intended for sale, on which shall be laid out, the townships contained
therein, which townships shall be numbered from number one progres-
sively to the last inclusive, and each township shall on such map be sub-
divided into lots as nearly square as may be, and each lot to contain six
hundred and forty acres, or as nearly so as may be, and the lots in each
township shall be numbered from number one to the last inclusive in
arithmetic progression, and on every fourth township in such map shall
be written “ To be sold by single lots.” And one copy of such map
shall be ﬁled in the ofﬁce of the secretary of this State, and the original
thereof in the said surveyor generals ofﬁce, and the said secretary and
surveyor general respectively, shall cause the maps so to be ﬁled, to be
put up in some conspicuous part of their respective ofﬁces, and shall
permit any person whatever, freely to inspect such maps between the
hours of nine and twelve in the morning, and three and six in the after-
noon, of every day Sundays only excepted, on paying for inspection in
morning sixpence, and the like in the afternoon.
And be it fart/zer enacted by t/ze azct/zority aforesaid, That the said
surveyor general shall, immediately after having ﬁled such map as afore—
said in the secretarys ofﬁce, give notice thereof by public advertisement,
to be published in at least three of the newspapers printed in this State,
and shall in the said advertisement mention and appoint a day certain,
not more than forty, nor less than thirty days from the day on which
such advertisement shall be ﬁrst published, on which day he will com-
mence the sale of the said lands at public vendue, to the highest bidder,
Surveyor-
general to
lay out
lands un-
der direc-
tion of
land board
Lands to
be laid out
in town-
ships of
64,000 acres
Lands
heretofore
granted to
be marked
on maps.
Maps of
lands, how
made and
marked;
where ﬁled
Notice of
sale of
lands to be
published.
336
LAWS OF NEW YORK. [CHAR 67.
Manner of
sale.
Purchaser
to pay one-
fourth part
at time of
sale.
Commis-
sioner of
land ofﬁce
to issue
patent
when cer-
tiﬁcate of
payment
presented.
Commis-
sioners
may direct
sale of any
unpatent-
ed lands
,and shall also mention in such advertisement, the place where such
vendue will be held.
And oe itfarz‘lzer erzaez‘ed oy Z/ze azet/zorizj/ aforesaid, That at every such
sale, the said surveyor general shall put up to sale, as nearly as may be,
one quarter part of the unappropriated and unreserved lands in every
township, in lots contiguous to each other, and shall strike off the same
to the highest bidder, with a reservation of ﬁve acres of every hundred
acres so sold, for highways, and shall continue to sell in such quarter
parts until the whole of such townships are sold. Provided that none of
the lands so laid out shall be sold at a less price than one shilling per
acre: Arzdprooided also that the ﬁrst fourth township, and every other
fourth township in the said tracts, shall be sold by single lots only, and
not otherwise.
And a it farZ/zer enacted oy i/ze aai/zorizy aforesaid, That every pur-
chaser, shall immediately after having made his purchase, pay unto the
said surveyor general, one fourth part of the purchase money, and hav-
ing paid the same, the surveyor general shall give unto such purchaser
a certiﬁcate containing such a description of the bounds of the land
purchased, as that the same may be inserted in the letters patent to be
granted therefore, and shall indorse on such certiﬁcate the sum by him
received, and also the sum still due on such purchase. And if the pur-
chaser shall not within sixty days next after the date of such certiﬁcate,
pay the sum so still due, to the treasurer of this State, the purchase
made, by every such delinquent purchaser, shall be, and hereby is
declared null and void, and the money so paid, shall be forfeited to the
use of the people of this State, but if the sum so remaining due, shall
be paid to the said treasurer within the time herein limited, he shall
indorse a receipt therefore on the said certiﬁcate. Provided always, that
none of the interest arising on any public securities, with which such
sum so unpaid, shall be discharged and which shall have accrued subse-
quent to the date of such certiﬁcate, shall be allowed, by the said treas-
urer. Arzd provided also, that if any purchaser shall not immediately
after such purchase, pay the said one fourth part, the said surveyor
general shall, at the same vendue, again expose the lands so purchased,
to sale, and every purchaser who shall refuse or neglect for the space of
twenty four hours next after such purchase, to pay the said one fourth
part, shall forfeit to the people of this State the sum of twenty pounds,
to be sued for and recovered by the said surveyor general in his own
name, in any court of record, within this State and such purchase shall
be, and hereby is declared to be null and void.
And be it farZ/zer eizaefed by f/ze azit/zorify aforesaid, That if any pur-
chaser, by himself or herself or his or her legal representative, shall pro-
duce such certiﬁcate, with such receipt as aforesaid, indorsed thereon
to the said commissioners, it shall and may be lawful to and for the said
commissioners to direct letters patent to be prepared and issued for
granting the lands described in such certiﬁcate to the purchaser thereof
or to the purchaser and such other person or persons, as he shall under
his hand and seal signify to be concerned in the purchase so by him
made, in the manner herein before mentioned.
And w/zereas a tract of land, commonly called Jessups purchase was
heretofore laid out into townships of six miles square, and into tracts of
less dimension, a great part whereof remains unpatented.
Be ii‘ t/zerefore e/zaoz‘ed oy t/ze aaZ/zoriz‘y aforesaid, That it shall and may
be lawful to and for the said commissioners to direct the surveyor gen-
eral, to sell all or any of the said townships and smaller tracts remaining
unpatented, in such parts and parcels, as they shall direct, and the said
CHAP. 67.] NINTH sEssIoN. 337
surveyor general shall advertise, sell and certify the same in manner,
herein before directed; and the treasurer shall endorse on every such
certiﬁcate on payment of the purchase money, and letters patent shall
pass for the same, as herein before directed.
And he it further enacted hy the authority aforesaid That in every Reserva-
township so laid out, or to be laid out as aforesaid, the surveyor general ggsnpselff“
shall mark one lot on the map “gospel and schools ” and one other lot $911901 and
u - - n - . iteiature.
for promoting literature which lots shall be as nearly central In every
township as may be, and the lots so marked, shall not be sold, but the
lot marked “ gospel and schools” shall be reserved for, and applied to,
promoting the gospel and a public school or schools in such township:
And the lot marked “ for promoting literature ” shall be reserved to the
people of this State, to be hereafter applied by the legislature for pro-
moting literature in this State.
And he it further enacted hy the authority aforesaid, That the said Surveyor
. . . to make
surveyor general shall, within thirty days next after the sale of any of return 0;
the lands herein before directed to be sold by virtue of this act, make gﬁejfgfm
return of every such sale to the treasurer of this State, and if the pur- neglect by
chasers or some other persons on their behalf respectively, do not pay purchaser‘
the purchase money due on the sale within the time or times herein .
before limited, the said treasurer shall transmit to the said surveyor
general, the name of every delinquent purchaser, and the surveyor gen-
eral shall thereupon advertise all the lands so sold and not paid for, to
be again sold at a time and place in such advertisement to be men-
tioned, and in manner aforesaid.
And it he further enacted hy the authority aforesaid, That the said Towns laid
commissioners shall designate every township to be laid out by virtue 333mg?’
of this act, or which is already laid out, by such name as they shall
deem proper, and such name shall respectively be mentioned in the let-
ters patent for granting a township or part of a township.
And he it further enacted hy the authority aforesaid, That all lands Lands 1'6’
. . verted to
for which letters patent have at any time heretofore been granted, and colony to
which have since been vacated, by laws of the late colony of New Poecgtligﬁfo
York, all lands having been so granted, and which have been resigned
to the crown of Great Britain while this State was a colony, and not
regranted, are hereby declared lands on which locations might have
been and may hereafter be legally made.
And whereas by virtue of acts heretofore passed, for granting bounty
lands, sundry locations have been made, on lands belonging to the Onon-
daga Cayuga and Seneca nations of Indians, and whereas an attempt to
settle such lands by the persons entitled to letters patent therefore by
virtue of the said acts may involve this State in a disagreeable contro-
versy with the said Indians. Therefore
Be it enacted hy the authority aforesaid, That it shall and may be Persqns _
lawfull to and for an erson havin mad such locati f r aid lOca-tmgm
y p g e on as a 0 es Indian
to withdraw; such location, and each and every of them are hereby E1533; 1'6‘
authorized, to locate on any of the lands to be sold by virtue of this '
act, excepting on the lands purchased from the Oneida Indians as afore-
said, and to receive from the said surveyor general a certiﬁcate, of such
location directed to the said commissioners who shall thereupon direct
letters patent to be prepared, and having approved the same, the gov-
ernor or the person administering the government of this State for the
time being, shall cause the great seal of this State to be afﬁxed thereto.
Provided that locations to be made for any bounty lands in pursuance
of any law of this State, shall not be made on any lands directed to be
laid out for sale by the said commissioners after such lands shall have
VOL. 2.—43
.338
LAWS OF NEW YORK. [CHAR 67.
' ‘been directed by the said commissioners to be set apart for sale, unless
such locations shall be made for any whole lots or number of whole lots
into which any township shall be subdivided. And provided also, that
no such locations or grants in consequence of such locations shall be
made for any lands included in the purchase made of the Indians by
the people of this State, on the twenty eighth day of June in the year
of our Lord one thousand seven hundred and eighty ﬁve.
Lands in And be it further enacted hy the authority aforesaid That none of the
southern . . . . , _
district not vacant and unapproprlated lands w1th1n thls State and which lay in the
fgcgged southern district thereof shall be located or granted by virtue of this
' act or any clause thereof.
Locations And he it further enacted hy the authority aforesaid, That it shall be
23,’,5?§§°§§ lawful for any person (who shall heretofore have made any location for
Paonudléty bounty lands, or who shall hereafter make a location for such lands,
' and whose locations have not been or hereafter shall not be allowed of~
by the said commissioners or the surveyor general) to locate on any of
the vacant and unappropriated lands subject to location for bounty
lands in and by this act.
Grants of And he it further enacted hy the authority aforesaid, That it shall and
land under - - -
water_ may be lawful for the said commlssioners to grant such and so much of
the lands under the water of navigable rivers, as they shall deem neces-
sary to promote the commerce of this State. Provided always that no
such grant shall be made in pursuance of this act, to any person what-
ever other than the proprietor or proprietors of the adjacent lands.
And provided also, that every applicant for such grant, shall previous to
his or her application give notice thereof by advertisement to be pub-
lished in one of the newspapers printed in this State for six weeks suc-
cessively, and shall cause a copy of such advertisement to be put up at
the court house of the county in which the lands lay so intended to be
applied for, and if there be no court house in the county, then at such
place as the said commissioners shall direct.
Grants to XIX. And he it further enacted hy the authority aforesaid, That where
ﬁﬁﬁve any person is now in the actual possession of any of the said unappropri-
Fnade ated lands, and hath been so possessed, prior to the twenty ﬁfth day of july
improve- . .
ments, one thousand seven hundred and eighty two, and hath made improve-
-' ments thereon, it shall and may be lawful for the commissioners afore-
said, to grant to every such person in fee simple, a farm not exceeding
two hundred acres, including such improvements, upon such persons
paying as aforesaid, one shilling an acre for the same. Provided always
that the person so in possession is the original settler or the heir or legal
representative of such original settler or shall have purchased such im-
provements from the original settler, or from his legal representatives,
and that such original settler did not go off or join the then enemies of
this State during the late war; and provided also that such person shall
make application to the said commissioners for such grant within six
months after the passing of this act.
Grants to And he it further enacted hy the authority aforesaid, That it shall and
%§’,1,‘,’(§1,‘;,1y may be lawful to and for the said commissioners to appropriate a tract
ggiglroh of land equal to eight miles square in any of the townships to be la1d
out in pursuance of this act, for the use of Colonel Timothy Church
Major William Shattuck and Major Henry Evans, and such other per-
sons of the counties of Cumberland and Gloucester, as shall be deemed
by the said commissioners to be sufferers in opposing the government of
the pretended State of Vermont, and to grant the land in such town-
Ship, in SHCh PIOPOI'tiOH t0 €ach of such sufferers as to the said commis-
sioners shall seem meet and proper, and to direct letters patent to be
i
CHAP. 67.] ‘NINTH SESSION.
339
prepared accordingly, and having approved of the same, the governor
or person administering the government of this State for the time being,
shall cause the great seal of this State to be afﬁxed thereto. And
w/zereasb the act entitled “An act to revent rants or locations of
Y P g
the lands therein mentioned passed the 25th of July 1782 ” a certain
tract of land was set apart for the use of such of the inhabitants of this
State, as had served in the army of the United States. And w/zereas
from sundry ‘circumstances which have intervened, since the passing of
the said act, the lands so intended to be granted would be of little use
to the said inhabitants having so served. Therefore
Be it enacted by t/ze ant/zority aforesaid, That the said commis-
sioners shall be, and they are hereby authorized to direct the sur-
veyor general to lay out the following tract of land, to wit, begin-
Lands to
be laid out
for loca-
tion as
. . . . . b
ning at a certain point in the north bonds of Jessiip’s purchase, thirty la‘il‘t’gfy
miles distant from the north east corner of two certain tracts of land
granted to Philip Skeene by letters patent bearing date the sixth day
of July one thousand seven hundred and seventy one, and running
thence north to the north bounds of the State, thence easterly along
the same twenty miles, thence south to the north bounds of Jessups
purchase aforesaid continued easterly, thence to the place of beginning,
all which tract of land shall on a map thereof to be made, by the sur-
veyor general, be laid out into townships of ten miles square, and each
township shall on the said map be numbered; and the commissioners
shall thereupon from time to time devise such regulations for laying out
lots of such dimensions, as they shall think proper for satisfying out of
the said tract of land such claims of all such persons who are or shall be
entitled to grants of lands by virtue of the tenth eleventh and fourteen
clauses of the act entitled “An act for granting certain lands promised
to be given as bounty lands by laws of this State and for other purposes
therein mentioned,” or such of them are as still unsatisﬁed, as to the said
commissioners shall appear best calculated to enable the persons hold-
ing such rights to participate as equally as may be in the advantages
derived from locating the said lands to which they shall be respectively
entitled. Provided that all persons claiming such rights, and who have
not already exhibited their claims, shall exhibit their respective claims
to the said commissioners on or before the ﬁrst day of January next, or
shall be precluded from the same.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid That it shall and
may be lawful to and for the said commissioners to appropriate a tract
of land in or adjoining to the land set apart in and by this act for the
use of persons entitled to grants for military services, not exceeding in
quantity six thousand acres to be divided between such refugees who
during the late war or since have come from Canada, and who in the
opinion of the said commissioners may be entitled to the bounty of this
State or of the United States, and who are not provided for by any law
of this State. 4
And be it fart/zer enacted by t/ze azct/zority aforesaid, That on the lands
to be granted by this act or any former act, there shall be an actual set-
tlement made for every six hundred and forty acres, which may be
granted to any person or persons, within seven years from the ﬁrst day
of January, next after the date of the patent by which such lands shall
be granted, and on failure of such settlement the unsettled lands shall
revert to the people of this State, any thing in this act to the contrary
notwithstanding.
And be it fart/zer enacted by t/ze aut/zorizy aforesaid, That where equit-
able claims have heretofore been allowed of by the commissioners
Lands to
be laid out
for Cana-
dian refu-
gees.
Lands to
be settled
in seven
years-
Claimants
not suing
out patent
340
LAWS OF NEW YORK. [CHAR 67.
in sixty
days to be
barred.
Grant to
James
Deane.
Abraham
Wemple
Samuel
Kirkland.
Fees of
land ofﬁce.
Fees of
surveyor
general.
appointed by former acts and the elainant or claimants have not sued
out letters patent, the claim or claims of such claimant or claimants
shall be null and void, unless he she or they shall within sixty days
next after the passing of this act, or if such claim shall hereafter be
allowed in pursuance of any law of this State, within sixty days after
the allowance thereof pay the purchase money at the rate of one
shilling per acre into the treasury of this State, and shall within forty
days next after the expiration of the said sixty days, sue out letters
patent therefore and pay all the charges accrued on such claim or
claims.
Aild a it fart/ter erzaeted oy t/ze aat/zority aforesaid, That it shall and
may be lawful for the said commissioners to direct letters patent to be
prepared and granted in manner aforesaid, to grant to James Deane,
his heirs and assigns in fee simple, the following tract of land, to wit,
beginning at a certain place where the west line of the patent of Cox-
borough crosses the stream or brook formed by the junction of the
streams or brooks Kaneghtarageara and Kanyonskotta, it being one of the
branches of the Oriskany creek or river, running thence north twenty
four degrees and thirty minutes west forty chains, thence south sixty
ﬁve degrees and thirty minutes west one hundred and sixty chains,
thence south, twenty four degrees and thirty minutes east one hundred
and sixty chains, thence north forty ﬁve degrees and thirty minutes
east one hundred and sixty chains, thence on a direct line to the place
of beginning. And to Abraham \Vemple his heirs and assigns in fee
simple six hundred and forty acres in a square, next adjoining to, and
on the south side of the tract to be granted to james Deane, aforesaid.
To Samuel Kirkland the quantity of six hundred and forty acres in
a square, to be bounded on the tract to be granted to the said james
Deane, and on the tract to be granted to the said Abraham \Vemple,
one moiety whereof in fee simple to the said Samuel Kirkland and the
other moiety to the said Samuel Kirkland in trust for any minister of
the gospel, who may hereafter for the time then being be employed by
the Oneida Indians to preach the gospel among them.
A 12d tie it fart/ter enacted by t/ze aat/zority aforesaid, That the commis-
sioners and the secretary, shall respectively be entitled to the following
fees, for the services performed or to be performed by them respect-
ively by virtue of the acts, or any of them herein after in part repealed,
or to be performed by virtue of this act, and to be paid by the person
or persons in whose favor any letters patent shall issue that is to say, to
the governor for his attendance on signing and afﬁxing the great seal to
letters patent, the sum of three pounds four shillings for a whole town-
ship, the sum of two pounds eight shillings for three quarters of a town-
ship, the sum of one pound twelve shillings for half or one quarter of a
township, and the sum of sixteen shillings for any less quantity. And
the others of the said commissioners jointly, exclusive of the secretary,
shall be entitled to take and receive a sum equal to one half of the
fees allowed to be taken by the governor by virtue of this act on the
issuing of each patent, to be divided between them in such proportion
as to a majority of them shall seem proper. To the secretary for pre-
paring the letters patent recording and keeping the minutes of the said
commissioners the like fees as allowed to the governor by virtue of this
act.
And 6e it fart/zer enacted oy t/ze aat/zority aforesaid, That it shall
and may be lawful to and for the said surveyor general to receive and
take the fees herein after mentioned, for all services performed in the
ofﬁce of surveyor general, previous to the ﬁrst day of May one thou-
CHAP. 67.] NINTH SESSION. 341
sand seven hundred and eighty ﬁve for the beneﬁt of the said surveyor
general and his predecessor in ofﬁce, to wit, for ﬁling every certiﬁcate,
transfer, indorsement or location at and after the rate of one shilling
for each and every of them so ﬁled; for his warrant of survey, for
entering a copy thereof, for entering the return of survey, for his cer-
tiﬁcate to the said commissioners, for copy of any certiﬁcate, transfer,
indorsement or location, for copy of any caveat, and for every other
writing which may be required of him at and after the rate of two shil-
lings for every one hundred and twenty eight words.
And whereas it is deemed expedient, that the said surveyor general
should have a ﬁxed salary in lieu of all other fees which may arise in
his ofﬁce for services performed subsequent to the said ﬁrst of May
I785 or hereafter to be performed. Therefore
Be it enacted hy the authority aforesaid, That the salary of the sur- Annual
veyor general for the time being shall be at and after the rate of four 3321352:
hundred pounds per annum, to commence from the ﬁrst day of May general.
one thousand seven hundred and eighty ﬁve, for and during the term
of three years, and that the said surveyor general shall receive the like
fees as mentioned in the next preceding clause of this act, for all and
every paper by him to be ﬁled, or copies to be given out of his ofﬁce,
and shall account for the monies arising from the fees directed to be by
him received in pursuance of this act, or which he may have heretofore
received, or may hereafter receive for services by him performed after
the ﬁrst day of May last aforesaid, once in every year to the auditor of
this State and shall pay the same to the treasurer of this State.
And he it further enacted hy the authority aforesaid, That all letters Letters
patent hereafter to be granted, shall be in such words and forms as the said commissioners shall direct, and shall contain an exception and res-
ervation to the people of this State of all gold and silver mines and shall
vest the lands in fee simple.
And he it further enacted hy the authority aforesaid, That the follow- Allow-
ing allowances, shall by the surveyor general be made, to persons employed by him to carry into effect the duties enjoined him by this gmployed
act, to wit, for a deputy surveyor a sum not exceeding twenty shillings veyyﬁl'gen.
per day, and two shillings for a horse to carry the baggage of himself eral-
and the persons employed with him. That each deputy so employed
shall be allowed two chain bearers, two markers one ﬂag carrier and a
man to attend the baggage horse, to each of which there shall be allowed
a sum not exceeding six shillings per day, and that the said deputies,
chain bearers, ﬂag carriers, markers and attendant shall furnish them-
selves with provisions and the necessary implements at their own
expence.
And he it further enacted hy the authority aforesaid, That gold and Mcmsys
silver and every species of bills of credit or public securities now receiv- §§‘§,“;,Y?}§§,
able or which shall hereafter be made receivable in payment for forfeited fm' lands-
estates, shall and may be received in all payments to be made in pursu-
ance of this act, at the rates they are respectively receivable for forfeited
estates.
And he it further enacted hy the authority aforesaid, That it shall and gtliorget a1
may be lawful to and for George Klock and Jacob G. Klock now or late matching
of the county of Montgomery, Hendrick Remsen now or late of the city §gg§gi§m_
of New York, and John Van Sice now or late of the county of Albany erycounty.
or their respective legal representatives, jointly to locate the quantity of
forty eight thousand acres of land, out of any of the ungranted, unap-
propriated, or unlocated lands in the county of Montgomery, part and
parcel of the lands, alledged to have been conveyed unto them by a cer-
342
LAWS OF NEW YORK. [CI-LAP. 67
Grant to
Baron
Steuben.
Lands laid
out for
Canadian
and Nova
Scotia
refugees,
subdivis-
ion of.
Patented
lands to be
exempt
tain deed bearing date the twenty-eighth day of May one thousand seven
hundred and sixty six, and now remaining of record in the ofﬁce of the
secretary of this State. Provided always that such location shall be in
one entire piece or parcel, if so much can be so located, and if not, then
to locate the greatest possible quantity of such land in one piece and the
residuein one or more pieces, each to contain not less than eight thous-
and acres. And provided also that such location or locations be made
within sixty days next after the day of the passing of this act. And
that the said George Klock, Jacob G. Klock, Hendrick Remsen and
john Van Sice, or their legal representatives, shall cause the lands so
by them to be located, to be surveyed in manner directed by this act
and being so surveyed, shall produce the surveyor generals certiﬁcate,
to be granted in manner herein before directed, with a receipt indorsed
thereon by the treasurer of this State, specifying that the sum of one
shilling per acre for every acre mentioned in such certiﬁcate has been
paid, then the said commissioners shall cause letters patent to be pre-
pared for granting the said lands and having approved thereof, the gov-
ernor shall afﬁx the great seal of this State thereto.
And whereas Baron Frederick William Steuben, late a major general
in the army of the United States, has rendered very essential service to
this State as one of the United States, by introducing a regular discipline
in the army, and a spirit of oeconomy in the interior administration of
the regiments, and this legislature being willing to afford a public testi-
mony of the just sense they entertain of his services. Therefore
Be it enacted hy the authority aforesaid, That the said commissioners
shall, and they are hereby authorized, to direct letters patent to be pre-
pared for granting to the said Baron Frederick William Steuben in fee
simple, one quarter of a township equal to sixteen thousand acres of
land, part of any township which he may chuse, out of the townships to
be laid out in any of the tracts of land, directed to be laid out in pursu-
ance of this act except in the bounds of the said lands purchased of the
Oneida Indians, without fee or reward, or paying any consideration for
the lands so to be granted to him, and having approved of such letters
patent, his excellency the governor shall afﬁx the great seal of this State
thereto.
And whereas by the sixteenth section of the act entitled “ An act for
granting certain lands promised to be given as bounty lands by laws of
this State ” and for other purposes therein mentioned, the surveyor gen-
eral was directed to make a subdivision of the lands set apart for the
Canadian and Nova Scotia refugees into lots of two hundred and ﬁfty
acres each. And whereas the laying out of such lots to the Canadian
and Nova Scotia refugees as aforesaid, may not in all cases tend to pro-
mote a speedy settlement of the said lands for remedy whereof
Be it further enacted hy the authority aforesaid, That whenever it shall
appear to the commissioners of the land ofﬁce, that a deviation there-
from will be beneﬁcial to this State by promoting a more speedy and
effectual settlement of the said lands, it shall and may be lawful for the
said commissioners to direct a subdivision of such lots in manner and
form as to them shall seem proper at the expence of those interested in
such subdivisions. Provided always that nothing in this act contained,
shall be construed to affect or in any wise annul the proceedings here-
tofore had by the commissioners in favour of the Canadian or Nova
Scotia refugees so far as respects the quantity of lands already set apart
for them.
And he it further enacted hy the authority aforesaid, That all lands
that have been granted by letters patent under the great seal of this
CHAP. 67.] NINTH SESSION. 343
State, or that shall be so granted by virtue of this act, shall be and fF0mfmXa~
hereby are exempted until the expiration of seven years from the issuing £352,101‘
of such grants, from all taxes hereafter to be imposed upon the inhabit- Years-
ants of this State, except county and district taxes.
And be it fart/zer enacted by tile azct/cority aforesaid, That the ﬁrst Certain
second and third clauses, and the proviso annexed to the said third clause, in the act entitled “ An act to prevent grants or locations of the lands acmere-
therein mentioned passed the 25th of July, 1782 ” and the eighth ninth e '
and twelfth clauses of the act entitled “An act for granting certain lands
promised to be given as bounty lands by laws of this State and for other
purposes therein mentioned passed the I 1th of May, 1784,” the act enti-
tled “An act to encourage the settlement of the waste and unappropri-
ated lands within this State” passed the 10th of May 1784,” and the act
entitled “An act to facilitate the settlement of the waste and unappro-
priated lands Within this State and for repealing the act therein men-
tioned ” passed the 11th day of April 1785,” shall be and hereby are
repealed.
LAWS
OF THE
STATE or NEW-YORK,
PASSED BY THE
LEGISLATURE AT THEIR TENTH SESSION.

CHAP. 1.
AN ACT concerning the rights of the citizens of this State.
PASSED the 26th of January, 1787.
Be it enacted by t/ze Peopte of tbe State of New Yer/e represented in
Senate and Assembly and it is bereby enacted and declared by Me azct/zority
of tbe same.
A11 author, First, That no authority shall, on any pretence whatsoever be exer-
ity derived cised over the citizens of this State but such as is or shall be derived
from State -
from and granted by the people of this State.
Right of Second, That no citizen of this State shall. be taken or imprisoned or
2x11321591 be disseisedof his or her freehold or libertles of free customs or out-
sonallib- lawed or exiled or condemned or otherwise destroyed, but by lawful
em" judgment of his or her peers or by due process of law.
T/iird That no citizen of this State shall be taken or imprisoned for
any offence upon petition or suggestion unless it be by indictment or
presentment of good and lawful men of the same neighbourhood where
such deeds be done, in due manner or by due process of law.
1d, Fonrt/z That no person shall be put to answer without presentment
before justices, ‘or matter of record, or due process of law according to
the law of the land and if any thing be done to the contrary it shall be
void in law and holden for error.
Id. Fzft/z That no person, of what estate or condition soever shall be
- taken or imprisoned, or disinherited or put to death without being
brought to answer by due process of law, and that no person shall be
put out of his or her franchise or freehold or lose his or her life or limb,
or goods and chattels, unless he or she be duly brought to answer and be
forejudged of the same by due course of law and if any thing be done
contrary to the same it shall be void in law and holden for none.
can. 1.] TENTH SESSION. 345
Sixth That neither justice, nor right shall be sold to any person, nor Justice to
denied nor deferred; and that writs and process shall be granted freely be free‘
and without delay to all persons requiring the same and nothing from
henceforth shall be paid or taken for any writ or process but the accus-
tomed fee for writing and for the seal of the same writ or process and
all ﬁnes duties and inipositions whatsoever heretofore taken or demanded
under what name or description soever, for or upon granting any writs,
inquests, commissions or process to suitors in‘their causes shall be and
hereby are abolished.
Seventh That no citizens of this State shall be ﬁned or amerced with- Fines tobe
out reasonable cause and such ﬁne or amerciament shall always be {gifnpe‘g'to
according to the quantity of his or her trespass or offence and saving to 3333:3153;
him or her, his or her contenement; That is to say every freeholder ments,
saving his freehold, a merchant saving his merchandize and a mechanick
saving the implements of his trade.
Eighth That excessive bail ought not to be required, nor excestive Excessive
ﬁnes imposed, nor cruel and unusual punishments inflicted. Biglited.
Ninth That all elections shall be free and that no person by force of Elections
arms nor by malice or menacing or otherwise presume to disturb or to be free-
hinder any citizen of this State to make free election upon pain of ﬁne
and imprisonment and treble damages to the party grieved.
Tenth That it is the right of the citizens of this State to petition the Right or
person administering the government of this State for the time being, pemwn'
or either house of the legislature and all commitments and prosecutions
for such petitioning are illegal.
Eleventh That the freedom of speech and debates and proceedings in Freedom
of speech ‘
the senate and assembly shall not be impeached or questioned in any in legisla_
court or place out of the senate or assembly. wre-
Twelfth That no tax duty aid or imposition whatsoever shall be taken Taxes to
or levied within this State without the grant and assent of the people of ‘33%,
this State by their representatives in senate and assembly and that no g'j-ltIGgiI‘QEY
citizen of this State shall be by any means compelled to contribute to iatuiia.
any gift loan tax or other like charge not set laid or imposed by the
legislature of this State: Audfurther, that no citizen of this State shall
be constrained to arm himself or to go out of this State or to ﬁnd soldiers
or men of arms either horsemen or footmen, if it be not by assent and
grant of the people of this State by their representatives in senate and
assembly.
Thirteenth That by the laws and customs of this State the citizens Billeting
and inhabitants thereof cannot be compelled against their wills to gioﬁiﬁtggi
receive soldiers into their houses and to sojourn them there and there-
fore no ofﬁcer military or civil nor any other person whatsoever shall
from henceforth presume to place, quarter or billet any soldier or
soldiers upon any citizen or inhabitant of this State of any degree or
profession whatever without his or her consent and that it shall and
may be lawful for every such citizen and inhabitant to refuse to sojourn
or quarter any soldier or soldiers notwithstanding any command order
warrant or billetting whatever.
VoL. 2. -~ 44
346 LAWS OF NEW YORK. [CI-IAP. 2.
CHAP. 2.
AN ACT for taking away and abolishing all right and claim of
purveyance within this State.
PASSED the 26th of january, I787-
Purvey- Be it enacted by the People of the State of New Yorh represented in
Zﬁi’ﬁffggg- Senate and Assenzhly and it is herehy enacted hy the authority of the same
2852:: 0': _ That no sum or sums of money or other thing shall be taken raised,
p10 . . . . . .
hibited. taxed, rated, imposed, paid or levied for or in regard of any provision
carriages or purveyance for the chief magistrate or ofﬁcer or any other
ofﬁcer or ofﬁcers for the time being of this State or of the United
States or for any person or persons whomsoever and that no person or
persons by any warrant commission or authority under the great seal or
otherwise by colour of buying or making provision or purveyance for
the chief magistrate or ofﬁcer or any other ofﬁcer or ofﬁcers for the
time being of this State or of the United States or for his their or any
of their household or for any person or persons whomsoever shall take
any timber fuel cattle corn grain malt hay straw victuals cart carriage
or other thing whatsoever of any of the citizens of this State without
the free and full consent of the owner or or owners thereof had and
obtained without menace or inforcement nor shall summon warn take
use or require any of the said citizens to furnish or ﬁnd any horses oxen
or other cattle carts waggons wains or other carriages for the use of the
chief magistrate or ofﬁcer or of any other ofﬁcer or ofﬁcers for the
time being of this State or of the United States or of any other person
or persons whomsoever for the carrying of his or their or any of their
goods without such full and free consent as aforesaid: And further
that no pre-emption shall be allowed or claimed in the behalf of the
chief magistrate or ofﬁcer or of any other ofﬁcer or ofﬁcers for the time
being of this State or of the United States or of any other person or
persons whomsoever in market or out of market but that it shall be
forever hereafter free to all and every of the citizens of this State to
sell dispose or employ his and her goods to any other person or persons
at his or her pleasure any pretence of making provision or purveyance
of victuals carriages or other things for the chief magistrate or 'ofﬁcer
or other ofﬁcer or ofﬁcers for the time being of this State or of the
United States or for any other person or persons whomsoever or any
pretence of pre-emption in his their or any or either of their behalfs
notwithstanding and if any person or persons shall at any time hereafter .
make provision or purveyance for the chief magistrate or ofﬁcer or any
other ofﬁcer or ofﬁcers for the time being of this State or of the United
States or for any other person or persons whomsoever, or impress or
take any such carriages or other things aforesaid on any pretence or
colour of any warrant aforesaid under the great seal or otherwise con-
trary to the intent of this act, it shall be lawful for the justices of the
peace or any one or more of them, dwelling near and the constables of
such town or place, where such occasion shall happen, at the request of
the party grieved and they are hereby enjoined to commit or cause to
be committed, the party or parties so doing and offending, to gaol, ’till
the next general sessions, there to be indicted and proceeded against
for the same ; and that the ofﬁcers and inhabitants of the said town or
place, where such offence shall happen, shall be assistant therein '; and
moreover the party grieved shall have his or her action or actions against
'cnxr. 4.] ‘‘ TENTH sEssioN. 347
such offender or offenders and therein recover his or her treble damages
and treble costs: In which action no aid-prayer, privilege, protection,
imparlance, injunction, or order of restraint shall be granted or allowed;
and if any person or persons shall (after notice given that the action
depending is grounded upon this statute) cause or procure any action
at the common law grounded on this statute to be delayed or stayed
before judgment by colour or means of any order, injunction, power,
warrant or authority, save only of the court where such action shall be
brought and depending, or after judgment had upon such action, shall
cause or procure execution of such judgment to be stayed or delayed,
by colour or means of any order injunction, warrant power or authority,
save only by writ of error or attaint, or order of such court where such
writ of error or attaint shall be depending, that then the person so
offending shall forfeit to the people of this State all his or her goods and
chattels and the issues and proﬁts of his or her lands and tenements
during life.
CHAP. 3.
AN ACT for the recovery of damages in writs of assize and real
actions.
PASSED the 26th of January, 1787.
Be it enacted by tbe People of tbe State of New York represented in Recovery
Senate and Assembly and it is bereby. enacted by t/ze autlzority of t/ze same, ‘3,1222%?
That in all assizes if judgment be given for the plaintiff he or she shall assize
_ . . . . . and real
recover his or her damages; and in all assizes of novel disseisin and actions!
writs of entry the demandants if they recover the tenements demanded,
shall also recover their damages against the disseisors : And if the dis-
seisors alien the land and have not whereof the damages may be levied,
they, to whose hands such tenements shall come, shall be charged with
the damages, so that every one shall answer for his or her time; and
fart/zer that in all writs and actions possessory, whereby lands or tene-
ments are demanded. damages shall be recovered as aforesaid.
CHAP. 4.
AN ACT concerning dower.
PASSED the 26th of January, 1787
Be it enacted by t/ze People of tile State of New York represented in widow's
Senate and Assembly and it is bereby enacted by t/ze azct/zority of tbe same, E‘gggff
That a widow after the death of her husband shall give nothing for her '
dower or her inheritance which her husband and she held at the day of
the death of her husband and she shall tarry in the chief house of her
husband forty days after the death of her husband or until her dower be
assigned to her and she shall have in the mean time her reasonable sus-
tenance out of the estate of her husband and for her dower shall be
assigned unto her the third part of all the lands of her husband which
were his at any time during the coverture.
348
LAWS OF NEW YORK. [CHAR 4.
Deforee~
ment of
dower,
damages
for.
When writ
of dower
to abate.
Dower in
lands sold
on j udg-
ment or
recovered
from hus-
band in his
life-time.
Heir may
recover
where
dower
awarded
by favor.
Writs of
admeas-
urement of
And be it further enacted by t/ze antborizy aforesaid, That in case
widows after the death of their husbands be deforced of their dowers
and cannot have their dowers or quarantine without suit, whosoever
deforce them of their dowers or. quarantine of the lands whereof their
husbands died or shall die seized, and be convicted of such wrongful
deforcement shall yield damages to the same widows, that is to say the
value of the whole dower to them belonging from the time of the death
of their husbands unto the day that the said widows shall recover seisin
of their dowers by,judgment of the court and the deforceors shall never-
theless be amerced.
And be it fart/ter enacted by ﬁle ant/torily aforesaid That in a writ of
dower unde nihil habet the writ shall not abate by the exception of the
tenant because she hath received her dower of another person before her
writ purchased unless he can shew that she hath received part of her
dower of himself and in the same town before the writ purchased.
And be it fart/ter enacted by the azct/iority aforesaid That in case where
the husband being impleaded for land giveth up the land demanded unto
his adversary by covin, after the death of the husband his wife shall
recover her dower of the same land if she demand it by writ and in case
where the husband loseth the land in demand by default and his wife
after his death demandeth her dower she shall be heard, and if it be
alleged against her that her husband lost the land whereof dower is
demanded by judgment whereby she ought not to have dower and then
it be inquired by what judgment and it be found that it was by default
whereunto the tenant must answer then it behoveth the tenant to answer
further and shew that he had and hath right in the same land according
to the form of the writ that the tenant before purchased against the hus-
band and if he can shew that the husband of such wife had no right in
the lands nor any other but he that holdeth them, the tenant shall go
quit and the wife shall not recover her dower therein which thing if he
cannot shew the wife shall recover her dower.
And be it fart/ter enacted by t/ze ant/torily aforesaid That where a
woman not having a right to demand dower and the heir being within
age shall purchase a writ of dower against a guardian and the guardian
shall endow the woman by favour or make default or by collusion defend
the plea faintly whereby the woman is awarded her dower in prejudice
of the heir in all such cases the heir when he comes to full age shall have
an action to demand the seisin of his ancestor against such a woman like
as he should have against any other deforceor. But the woman shall
have her exception saved against the demandant to shew that she had
right to her dower which if she can shew she shall go quit and retain
her dower and the heir shall be amerced and if she cannot shew that she
had right to her'dower the heir shall recover his demand and in like
manner a woman shall be aided if the heir or any other do implead her
‘for her dower or if she lose her dower by default in which case the
default shall not be so prejudicial to her but that she shall recover her
dower if she have right thereto, and she shall have a writ in this form:
"' Command A that justly and without delay he render to B who was
the wife of F so much land with the appurtenances in C, which she
claims to be her reasonable dower,” or “of her reasonable dower” and
of which the aforesaid A deforceth her and to this writ the tenant shall
have his exception to shew that she had no right to be endowed which
if he can verify he shall go quit if not the woman shall recover the land
whereof she was before endowed.
And be it fart/cer enacted by t/ze ant/torily aforesaid That a writ of
admeasurement of dower shall be from henceforth granted to a guardian,
CHAP. 4.] TENTH SESSION. 349
and the heir when he cometh to full age shall not be barred by the suit dower;
of such a guardian that sueth against the tenant in dower feignedly and {$115,031}
by collusion but that he may admeasure the dower after as it ought to arriving at
be admeasured by law and in the writ of admeasurement of dower as u age‘
well as in the writ of admeasurement of pasture when it is come to the
great distress, day shall be given within which two counties may be
holden at which open proclamation shall be made that the defendant
shall come at the day contained in the writ to answer to the plaintiff at
which day if he come the plea shall pass between them and if he do not
come and the proclamation be testiﬁed and returned by the sheriff in
manner aforesaid upon his default admeasurement shall be made, and
further that hereafter no sheriff shall hold pleas of admeasurement of Admeas-
dower or of pasture but all such writs shall be made returnable before 353351;}, of
the justices of the supreme court or in the courts of common pleas in be by
the respective counties. iiihiiiine
And he it further enacted hy the authority aforesaid That if a wife Woman
willingly leave her husband and go away and continue with her adulterer igﬁfégf
and be thereof convicted she shall be barred forever of action to demand barred Of
her dower that she might have had of her husbands lands, unless her Ower'
husband willingly, be reconciled to her and permit her to dwell with
him in which case she shall be restored to her action of dower.
And he it further enacted hy the authority aforesaid That where any man Joint ten-
hath purchased or hath an estate made and conveyed of and in any gggggfd
lands tenements or hereditaments unto him and to his wife and to the eﬂdwife-
heirs of the husband or wife or to the husband and to his wife and to the
heirs of their two bodies begotten or to the heirs of one of their bodies
begotten or to the husband and to his wife for the term of their lives or
for the term of the life of the said wife or where any such estate or pur-
chase of any lands tenements or hereditaments hath been or hereafter
shall be made to any husband and to his wife in manner and form above
expressed or to any other person or persons and to their heirs and
assigns to the use and behoof of the said husband and wife or to the use
of the wife as is before rehearsed for the jointure of the wife that then
and in every such case every married woman having such jointure made
or hereafter to be made shall not claim or have title to have any dower
of the residue of the lands tenements or hereditaments that at any time
were her said husbands by whom she hath any such jointure nor shall
demand nor claim her dower of or against them that have the lands and
inheritances of her said husband; but if any such woman be lawfully
expulsed or evicted from her said jointure or from any part thereof
without any fraud or covin by lawful entry or action or by discontinu-
ance of her husband then every such woman shall be endowed of as
much of the residue of her husband’s lands tenements or hereditaments
whereof she was before dowable as the same lands and tenements from
which she shall be so evicted and expulsed shall amount or extend unto.
And he it further enacted hy the authority aforesaid That if any wife Where_
have or hereafter shall have any lands tenements or hereditaments given jgljgf’niifg
or assured unto her after marriage for the term of her life or otherwise :Qggmay
in jointure and the said wife after that shall survive her same husband jointure
in whose time the said jointure was made or assured unto her that then 351,136‘
the same wife so surviving shall or may at her liberty after the death of dower.
her said husband refuse to have and take the lands tenements and hered—
itaments so to her given appointed or assured during the coverture for
term of her life or otherwise in jointure and thereupon shall or may have
ask, demand and take her dower by writ of dower or otherwise accord-
ing to the common law, of and in all such lands tenements and heredita-
350
‘LAWS OF NEW YORK. [CHAR 6.
Widow of
attainted
person en-
titled to
dower.
Itavished
woman
and rav~
isher dis-
abled .
Essoin not
to be al-
lowed.
Wager of
law abol-
ished.
Liability
for waste;
guardian.
ments as her husband was and stood seised of any estate or inheritance
at any time during the coverture.
And he it further enacted hy the authority aforesaid That the wife of
every person who shall hereafter be attainted convicted or outlawed of
any treason petty treason misprision of treason murder or felony what-
soever shall be endowable and enabled if she survive her husband to
demand have and enjoy her dower in like manner and form as if her
husband had not been attainted, convicted or outlawed.
And he it further enacted hy the authority aforesaid That wheresoever
and whensoever any woman shall be ravished and after such rape do
consent to the ravisher as well the ravisher as she that is ravished and
every of them shall from thenceforth be disabled and by the same deed
be unable to have or challange any inheritance, dower, jointure, joint
feoffment or joint purchase after the death of their husbands and ances-
tors and that in this case the next of blood of the ravisher or of her who
is ravished to whom such inheritance dower jointure, joint feoffment or
joint purchase ought to revert remain or fall after the death of the rav-
isher or of her that is ravished shall have title immediately that is to say
after the rape to enter upon the ravisher or her that is ravished and their
assigns and tenants in the same inheritance, dower jointure joint feoff-
ment or joint purchase, and to hold the same in state of inheritance.
Q
CHAP. 5.
AN ACT for preventing delays by essoins and protections and
for abolishing trials of issues by wager of law.
PASSED the 30th of january, 1787.
Be it enacted hy the People of the State of New Yorh represented in
Senate and Assenzhly and it is herehy enacted hy the authority of the same,
That no essoin or protection shall hereafter be allowed in any suit what-
soever.
And he it further enacted hy the authority aforesaid That trials by wager
of law shall be and hereby are abolished in all cases except in the case
of non summons and that no person shall hereafter be permitted to wage
his or her law in any case except that of non summons in real actions.
CHAP. 6.
AN ACT for preventing waste.
PASSED the 30th of january, 1787.
Be it enacted hy the People of the State of New Yorh represented in
Senate and Asseinhly and it is herehy enacted hy the authority of the same,
That no guardian shall make or suffer any waste, sale or destruction of
the inheritance of his ward or of those things that he hath or may have
in his custody, but shall safely keep the same inheritance to the use of
the said heir and keep up and sustain the houses gardens and other
things pertaining to the same lands by and with the issues and proﬁts
thereof and shall deliver the same to his ward when he cometh to his
full age in as good order and condition at least as such guardian received
CHAP. 6.] TENTH SESSION. 351
the same and shall answer to such heir for the residue of the issues and
proﬁts of the same inheritance by a lawful account, saving to the same
guardians their reasonable charges and expences. And if any guardian
shall make or suffer any waste sale or destruction of the inheritance of
his ward he shall lose the same custody and shall recompence the ward
thrice so much as the damages shall be taxed at by the jury.
And be it fnrt/zer enacted by t/ze ant/zorizy aforesaid That no tenant Id.; tenant
for life or years or for any other term shall during the term make or
suffer any waste sale or destruction of houses gardens orchards lands or
woods or any thing belonging to the tenements demised without special
licence in writing making mention that he may do it.
And be it fart/zer enacted by t/ce azct/zority aforesaid That from hence- Writs of
forth any person may have a writ of waste out of the chancery against $55588,’
him or her who holdeth by curtesy or otherwise for term of life or for tenpnts by
term of years or other term or a woman in dower as well as against $33323},
guardians. And whoever shall be convicted of waste shall lose the
thing or place wasted and shall recompence thrice so much as the dam-
ages shall be taxed at by the jury.
And be it fart/zer enacted by t/ze aatbority aforesaid That in all actions Inquest '
of waste if the defendant come not at the return of the original writ he ﬁéffé‘ﬂs
shall be attached and if he come not at the return of the attachment he ascertain
shall be distrained and if he come not after the distress or if he come damages‘
and afterwards make default, the sheriff shall be commanded that in his
proper person he take with him twelve good and lawful men of his.
county and go to the place wasted and enquire of the waste done and
return an inquest and after the inquest returned the plaintiff shall have
judgment to recover the place wasted and treble the damages found by
the inquest.
And be it fzcrt/zer enacted by the aut/zority aforesaid That ‘where two Waste by
or more do or shall hold any lands tenements woods ﬁshing or other £315,323?-
such things in common as parceners, tenants in common or joint tenants, iilglinogom-
wherein none knoweth his or her several part and some or one of them coparcener
do waste against the mind of the other, an action shall lie by a writ of
waste and when it shall come unto judgment the defendant shall chuse
either to take his or her part in a place certain by the sheriff with a jury
to be assigned or else he or she shall grant to take nothing from thence-
forth in the same lands tenements woods ﬁshings or other such thing
but as his or her partners will take and if he or she chuse to take his or
her part in a place certain the same shall be assigned him or her in the
part wasted as it was before he or she committed the waste. But if the
defendant shall not chuse to take his or her part in a place certain or if
the waste exceed his or her proportion the plaintiff shall recover against
such defendant such damages as shall be found by the jury or inquest.
And be it fart/zer enacted by t/ze azct/iority aforesaid That every heir Heir may
in whose ward soever he or she be and whether he or she be in ward or recover for
not and as well within age as of full age shall have his or her recovery be—
by a writ of waste for waste and destruction made in lands and tene— ﬁtgriﬂmh
ments of his or her inheritance as well in the time of his or her ancestor of ancestor
or ancestors as at any other time after' the inheritance descended or
come to him or her and shall be answered unto therefore and he or she
shall recover the tenements wasted and treble damages as aforesaid.
And be it fnrt/zer enacted by tbe aut/zority aforesaid That where any Whereten-
tenant for term of life or for anothers life or for term of years or any gggg‘gg‘fe
other term hath or shall let or grant his or her estate in the lands and grants his
tenements demised to or held by him or her to any person or persons ﬁght,
and shall still continue to occupy the same lands and tenements or take for Waste-
352
LAWS OF NEW YORK. [CHAR 8.
Elections
in Caugh-
nawaga to
be held at
J ohnstown
Justices of
the peace
to be com-
missioned
underthe
great seal;
jurisdic-
tion in the
apprehen-
sion and
punish-
ment of
offenders.
the proﬁts thereof and shall commit or suffer waste and destruction in
the same lands and tenements to the disinheritance of him her or them
in the reversion, he she or they to whom the reversion doth or shall
appertain may in such case have and maintain a writ of waste against
the said tenant for term of life or of anothers life or for term of years
or other term and recover against him or her the place wasted and his
her or their treble damages for the waste done, if the said tenant was
punishable of or for waste before he or she leased or granted over his
or her estate as aforesaid but not otherwise.
CHAP. 7.
AN ACT to alter the place of holding elections in Caughnawaga
district in the county of Montgomery.
PASSED the 30th of january, 1787.
WHEREAS the place assigned by law for holding the annual town
meetings and elections in Caughnawaga district is mconvenient for the
people of the said district; for remedy whereof
Be it enacted by t/ze People of tbe State of New York represented in
Senate and Assembly and it is lzereby enacted by t/ze ant/torily of tbe saine
That the annual town meetings and elections in the said district, shall
in future be held at the court house in johns Town, in the district afore-
said, instead of the place heretofore assigned by law for that purpose.
CHAP. 8.
AN ACT concerning justices of the peace.
PASSED the 30th of january, I787.
Be it enacted by Me People of tbe State of New York represented ire
Senate and Assembly and it is bereby enacted by t/ze aat/zority of tbe sarne,
That in every county of this State good and lawful men of the best repu-
tation and who be no maintainers of evil or barretors shall be assigned
by commission under the great seal from time to time according to the
constitution of this State justices to keep the peace in the same counties
respectively who shall jointly and severally have power to keep and
cause to be kept all laws and ordinances made or to be made for the
good of the peace and for the conservation of the same and for the
quiet rule and government of the citizens and inhabitants of this State
in all and every the articles thereof in the same counties respectively as
well within liberties as without according to the force form and effect
of the same laws and ordinances and to chastise and punish all persons
offending against the form of those laws and ordinances or any of them
in the said respective counties in such manner as according to the form
of those laws and ordinances shall be ﬁt to be done and to cause to
come before them or any or either of them all those persons who shall
break the peace or have used or shall use threats to any one or more of
the citizens or inhabitants of this State concerning their bodies or the
ﬁring of their houses or barns to ﬁnd sufﬁcient security for the peace or
their good behavior towards the people and inhabitants of this State
CHAP. 8.] TENTH SESSION. 353
and if they shall refuse to ﬁnd such security, then them in prison until
they shall ﬁnd such security to cause to be safely kept: And to cause
to come before them or any or either of them all those who be not of
good fame where they shall be found to ﬁnd sufﬁcient security for their
good behaviour towards the people and inhabitants of this State and if
they refuse to ﬁnd such security then them in prison until they shall
ﬁnd such security to cause to be safely kept. And further that the Larcenies,
same justices or any three or more of them shall have power in the 1’ efts’eto'
same respective counties to enquire by the oath of good and lawful men
of the same counties respectively by whom the truth may be the better
known of all and all manner of larcenies, thefts, trespasses, forestallings,
regratings, eng-rossings and extortions whatsoever and of all and singu-
lar other crimes and offences of which justices of the peace may or ought
lawfully to inquire by whomsoever and after what manner soever in the
said respective counties done or perpetrated or which shall happen to
be there done or attempted. And also of all those who in the said Armed
respective counties have gone or rode or hereafter shall presume to go ggsagggggrs'
or ride in companies with armed force against the peace to the disturb- etc. '
ance of the citizens and inhabitants of this State. And also of all those
who have there lain in wait or hereafter shall presume to lie in wait to
maim or cut or kill any citizen or inhabitant of this State. And also of
all victuallers and innholders and all and singular other persons who False
have offended or attempted to offend or hereafter shall presume or Z'If’éggtgw
attempt to offend in the same respective counties in the abuse of weights tires.
or measures or in the sale of victuals against the form of the laws and
ordinances of this State or any of them made for the common good of
this State and the citizens and inhabitants thereof. And also of all
sheriffs, bailiffs, constables, gaolers and other ofﬁcers whatsoever who in Sheriffs
the execution of their ofﬁces about the premises or any of them have g‘éidcgger-
unduly demeaned themselves or hereafter shall presume to behave them- nesleet
selves unduly, or have been or hereafter shall happen to be careless, y'ew'
remiss or negligent in the same respective counties and of all and singu-
lar articles and circumstances and all other things whatsoever that con-
cern the premises or any of them by whomsoever and after what manner
soever in the said respective counties done or perpetrated or which
shall hereafter there happen to be done or attempted in what manner
soever and to inspect all indictments whatsoever so before them or any
of them taken or to be taken or before others late justices of the peace
in the same respective counties made or taken and not determined and
to make and continue processes thereupon against shall and singular the
persons so indicted or who before them shall happen to be indicted
until they be taken, surrender themselves or be oulawed and to hear
and determine'all and singular the larcenies, thefts, trespasses, forestal—
lings, regratings, engrossings, extortions, unlawful assemblies, indict-
ments aforesaid, and all and singular other the premises according to
the laws ordinances and statutes of this State as in the like case it has
been accustomed or ought to be done. And the same offenders and
every of them for their offences by ﬁnes, ransoms, amerciaments, for-
feitures and other means according to the law and custom of this State
and the form of the ordinances and statutes aforesaid it has been accus-
tomed or ought to be done to chastise and punish.
And he it further enacted hy the authority aforesaid That the respective 3215:3651 ‘5°
sheriffs of each and every of the respective counties of this State at sheriﬂ'to
certain days and places which the justices of the peace of the same 3532,2203,
counties respectively or any three or more of them shall make known sit at
. . 1
to them shall cause to come before the same justices of the peace of 5:535:18,
VoL. 2. —-45
354 LAWS OF NEW YORK. [CHAR s.
the same counties respectively so many such good and lawful men of
their bailiwick or counties respectively as well within liberties as without
by whom the truth of the matter in the premises shall be the better
known and enquired into.
Justices to And he it further enacted hy the authority aforesaid Tha the said jus-
321955;? tices of the peace or any three or more of them shall hold and keep
“Pi-“inm- their general sessions in their respective Counties at such times and
places as they are or shall be authorised and required to do by the laws
and ordinances of this State and oftener if need be. Ana further that
Suits not no suit, indictment, plea, process or proceeding before justices of the
355%?“ peace in any county shall be discontinued by any new commission of
553355;“ the peace to be made, but the same suits indictments pleas process and
mission 5f proceedings shall stand in their full force; and the justices in such new
the Peace- commissions so assigned after that they shall have the records of the
same pleas and process before them shall have power and authority to
continue the same pleas and process and the same pleas and process
and all that shall depend upon them to hear and ﬁnally determine as
the other justices might and ought to have done of and in the same, if
no new commission had been made.
Finesto be And he it further enacted hy the authority aforesaid That all ﬁnes to
$5,153,313‘ be set and imposed by justices of the peace or any or either of them
gravity of for a trespass or any other offence done or committed or to be done or
offense. . . ‘
committed by any person shall be reasonable and just having regard to
the trespass or offence and the causes for which they be set and im-
posed.
Recogni- And he it further enacted hy the authority aforesaid That every justice
:22??? be of the peace who hath taken or shall take any recognizance for the
general keeping of the peace or good behavior shall certify send or bring the
Sessions‘ same recognizance to the next general sessions of the peace where he
is or hath been justice that the party so bound may be called and if the
party so bound make default the same default shall be then there re-
corded and the same recognizance with the record of the default shall
be sent and certiﬁed into the exchequer.
In case of And he it further enacted hy the authority aforesaid That all and every
justice and justices of the peace and every mayor recorder and alder-
girriﬁgytfg- man having the authority of and acting as a justice of the peace before
be taken whom any person shall be brought for any treason, misprison of treason,
33,5523‘; murder, manslaughter or felony or for suspicion therefor before he or
pourt hav- they shall commit or send such prisoner to ward, shall take the exami-
‘£5,135,125 nation of such prisoner and information of those that bring him or her
try- of the fact and circumstance thereof and the same or as much thereof
as shall be material to prove the offence shall be put in writing within
two days after the said examination and shall certify the same in writing
subscribed or signed by him or them with his or their own hands at the
next court in which such prisoner is or ought to be tried for the same
Justices to offence. And further the said justices, mayors recorders and aldermen
ﬁggge‘g'lg and every of them are hereby authorised and required to bind all such
appear- by recognizance as do declare any thing material to prove the said trea-
son, misprison of treason murder, manslaughter or felony against such
prisoner, to appear in the supreme court the term following or at the
next sessions of oyer and terminer or general gaol delivery of or for the
county, city or place where the offence was committed or in such other
court where the said offence is properly cognizable then and there to
give evidence against the party and shall certify the said recognizance
and recognizances taken before them together with the said examina-
tions into the said court where such witnesses are bound to appear on
‘CHAP. 8.] TENTH SESSION.
355
the ﬁrst day of the term or sessions of the same court and in case any
justice of the peace mayor recorder or aldermen shall refuse or neglect
to take such examination as aforesaid or to certify the same as afore-
said or shall refuse or neglect to bind the witness to appear as aforesaid
or to certify the recognizances by him taken as aforesaid the judges
and justices of the court wherein such witness ought to be bound to
appear and to which such examinations and recognizances ought to be
certiﬁed upon due proof thereof by examination before them shall for
every such offence or neglect set such a ﬁne upon every of the said jus-
tices, mayors, recorders and aldermen as the same judges and justices
of such court shall think meet and estreat the same as other ﬁnes and
amerciaments assessed before such judges and justices ought to be
estreated And w/zereas in many cases where the justices of the peace
are by law empowered to give or make judgments or orders great ex-
pences have been occasioned by reason that such judgments or orders
have on appeals to the justices of the peace at their respective general
sessions been quashed or set aside upon exceptions or objections to the
form or forms of the proceedings without hearing or examining the
truth and merits of the matters in question for remedy whereof
Be it fart/zer enacted by t/ce azct/zority aforesaid That upon all appeals
to be made to the justices of the peace at their respective general ses-
sions to be holden for any county city or place in this State against
judgments or orders given or made by any justices of the peace as
aforesaid such justices so assembled at any such sessions shall and they
are hereby'required from time to time within their respective jurisdic-
tions upon all and every such appeals so made to them to cause any
defect or defects of form that shall be found in any such original j~udg_
ments or orders to be rectiﬁed and amended without any cost or charge
to the parties concerned and after such amendments made shall pro-
ceed to hear, examine and consider the truth and merits of all matters
concerning such original judgments or orders and likewise to examine
all witnesses upon oath and hear all other proofs relating thereto and to
make such determinations thereupon as by law they should or ought to
have done in case there had not been such defect or want of form in
the original proceeding.
And be it fart/zer enacted by t/ze aat/zority aforesaid That in case any
person against whom a warrant shall be issued by any justices or justice
of the peace of any county city or place in this State for any offence
there committed or done shall escape, go into, reside or be in any other
county city or place out of' the jurisdiction of the justices or justice
granting such warrant as aforesaid it shall and may be lawful for any
justice or justices of the peace of the county, city or place where such
person shall escape, go into, reside or be and such justice or justices is
and are hereby required upon proof being made upon oath of the hand
writing of the justice or justices granting such warrant to endorse his
or their name or names on such warrant which shall be a sufﬁcient
authority to the person or persons bringing such warrant and to all
other persons to whom ,such warrant was originally directed to execute
_ such warrant in such other county, city or place out of the jurisdiction
of the justice or justices granting such warrant as aforesaid and to
apprehend and to carry’ such offender or offenders before the justice
who indorsed such warrant or some other justice or justices of such
other county city or place where such warrant was indorsed and in case
the offence for which such offender shall be so apprehended as aforesaid
shall be bailable in law and such offender shall be willing and ready to
give bail for his or her appearance at the next general gaol delivery or
Hearin
before ins-
tices in
general
sessions on
appeals.
Apprehen—
sion of
prisoner
on warrant
from
another
county.
LAWS OF NEW‘ YORK. [CHAR 8.
Indict-
ments sent
gaol
delivery.
Mayors,
etc., of
New Y ork
next general sessions of the peace to be held in and for the county city
or place where the offence was committed such justice or justices of
such other county city or place before whom such offender or offenders
shall be brought shall and may take bail of such offender or offenders
for his her or their appearance at the next general gaol delivery or at
the next general sessions of the peace to be held in and for the county
city or place where such offence was committed in the same manner as
the justices of the peace of the proper county city or place and the
justice or justices of such other county city or place so taking bail as
aforesaid shall deliver the recognizance together with the examination
or confession of such offender or offenders and all other proceedings
relating thereto to the constable or other person or persons so appre-
hending such offender or offenders as aforesaid who are hereby required
to receive the same and to deliver over such recognizance examination
or other proceedings to the clerk of the court of general gaol delivery
or clerk of the peace of the county city or place where such offender or
offenders is or are required to appear by virtue of such recognizance; and
such recognizance, examination or confession shall be as good and effect-
ual in law to all intents and purposes and of the same force and validity
as if the same had been entered into taken or acknowledged before a jus-
tice or justices of the peace in and for the proper county city or place
where the offence was committed and the same proceedings shall be had
thereon; and in case such constable or other person to whom such
recognizance examination or confession or other proceedings shall be
so delivered as aforesaid shall refuse or neglect to deliver over the same
to the clerk of the court of general gaol delivery or clerk of the peace
of the county, city or place where such offender is required to appear by
virtue of such recognizance such constable or other person shall forfeit
the sum of ten pounds to be recovered against him by action of debt
bill plaint or information in any court of record by any person or per-
sons who will prosecute or sue for the same. And in case the offence
for which such offender or offenders shall be apprehended and taken in
any other county city or place shall not be bailable in law or such
offender or offenders shall not give bail for his or her appearance at the
next general gaol delivery or next general sessions of the peace to be
held in and for the county city or place where the offence was com-
mitted to the satisfaction of the justice before whom such offender or
offenders shall be brought, in such other county, city or place, then and
in that case the constable or other person or persons so apprehending
such offender or offenders shall carry and convey such offender or
offenders before one of the justices of the peace of the proper county
city or place where such offence was committed there to be dealt with
according to law. And fart/ter that no action of trespass, false impris-
onment information or indictment or other action shall be brought,
sued, commenced or prosecuted by any person or persons whatsoever
against the justice or justices who shall indorse such warrant for or by
reason of his or their indorsing such warrant; but such person or per-
sons shall be at liberty to bring or prosecute his her or their action or
suit against the justice or justices who originally granted such warrant,
in the same manner as such person or persons might have done in case
this clause of this act had not been made.
And be it fart/ter enacted by the aut/zoritv aforesaid That the justices
of the peace shall send their indictments before the iustices assigned or
empowered to deliver the gaols in their respective cities and counties.
And be it fart/ter enacted by the aut/zority aforesaid That the mayors
recorders and aldermen of the cities of New York and Albany and each
‘CHA P. 9.] TENTH SESSION. 357
of them shall respectively have the like powers in the said respective Zggany to
cities as the justices of the peace have in their respective Countles by have like
virtue of this act. authomy-

CHAP. 9.
AN ACT declaring what process may be issued in certain per
sonal actions, and for regulating outlawries.
PASSED the 3rd of February, I787.
Be it enacted hy the People of the State of New Yorh represented in Processin
Senate and Assenzhly, and it is herehy enacted hy the authority of the same, ggggounstof
That in all actions of account, debt, detinue, annuity, covenant, con- debt, etiz.;
spiracy and of the case, and in actions of replevin, after a capias in outlawry’
withernam is returned that the person against whom it is issued has
no goods, the like process may hereafter be had and used as in actions
of trespass, done with force and arms, and in these as well as in all
other cases where process issues for taking the body, if it be returned
that the person against whom such process issued is not found, such
process may be pursued to the exigent and outlawry thereupon.
And he it further enacted hy the authority aforesaid, That each and sheriﬂfjs
every sheriff shall respectively in his county hold a court either in per-
son or by his sufﬁcient deputy, on every ﬁrst and third Monday in judgment
every month at the court house in his county, to be called his county court, for the purpose of demanding persons upon exigents and pro-
nouncing outlawries thereupon; and that it shall not be necessary for
the coroners of the county, or any of them, to attend at such court, or to
give judgment of outlawry; but it shall be sufﬁcient for the sheriff or
his deputy to give the judgment of outlawry, and to return the same
upon the exigent, without saying by the judgment of the coroners.
And he it further enacted hy the authority aforesaid, That in every Oqtiawry
original writ of actions. personal,‘ and in all appeals, indictments and 3313,8320,’
informations and in which the exigent shall be awarded, to the names of in writ _
the defendants, in such writs original, appeals, indictments and infor- Kgélhﬁddb
mations, additions shall be made of their estate or degree or mystery, Bi“? and
and of the towns or places and counties of which they were or be, or in a 0 e'
which they be or were conversant; and if by process upon the said orig-
inal writ, appeal indictments or informations, in which the said additions
be omitted, any outlawries be pronounced they shall be void, frustrate
and holden for none, and that before any outlawries pronounced, the
said writs, appeals, indictments and informations shall be abated by the
exception of the party where in the same, the said additions be omitted;
provided always that although the said writs of actions personal, be not
according to the records and deeds by the surplusage of the additions
aforesaid, they shall not be abated for that cause.
And he it further enacted hy the authority aforesaid That no person Accessory
charged as accessary in any indictment or' appeal shall be outlawed, ggglgsv'gf,
until the principal be attainted; but such indictments and appeals may before I
be nevertheless prosecuted; but the exigent against the accessary shall pnnclpa '
remain until the principal be attainted by outlawry or otherwise.
And he it further enacted hy the authority aforesaid, That after any Treason
person is or shall be indicted or appealed of treason or felony, it shall gngeﬁgbgi
be commanded to the sheriff to take the body of the person so indicted 8011 in let-
' - - - ed cannot
or appealed by a writ of precept called a caplas, and if the sheriff return be found,
3)
v
LAWS OF NEW YORK. [CHAR 9.
8
goods to be on the same writ or precept, that the body is not found, another writ or
seized and
sold.
Proceed-
ings in
case of in-
dictment
of person
residing in
another
county.
Actions
personal
and indict-
ments for
trespasses
and misde-
meanors.
precept of capias shall be immediately made returnable at a certain day,
not less than three months after the date of the same writ; and in the
same writ shall be comprised, that the sheriff shall cause the goods and
chattels of the person indicted or appealed to be seised, and safely kept,
until the ‘day of the return of the writ or precept; and if the sheriff
return that the body is not found, and the person indicted or appealed
cometh not, the exigent shall be awarded, and the goods and chattels so
seized shall be forfeited to the people of this State. But if the person
indicted or appealed come and yield himself, or be taken by the‘sheriff
or other ofﬁcer, before the return of the second capias, then the goods
and chattels shall be saved.
And he it further enacted hy the authority aforesaid, That upon every
indictment and appeal against any citizen of this State dwellingin other
counties than where such indictment or appeal is or shall be taken, of
any treason or felony after the ﬁrst writ of capias returned, another writ
of capias shall be awarded directed to the sheriff of the county where
the person indicted or appealed is or shall be supposed to be conver-
sant by the same indictment or appeal, returnable in the same court or
before the same justices before whom the indictment or appeal is or
shall be taken, at a certain day, not less than three months after the date
of the same writ; by which writ the sheriff shall he commanded to take
the body of the person so indicted or appealed, if he or she shall be
found in his bailiwic, and if he or she shall not be found in his bailiwic,
that the said sheriff shall make proclamation in two of his county courts
before the return of the same writ, that the person so indicted or
appealed shall appear at the said court or before the said justices where
he or she is or shall be indicted or appealed at the day of the return of
the same writ, to answer to the people of the State of New York or the
party, of the treason, felony or trespass whereof he or she is, or shall be
so indicted or appealed, and after such writ of capias so served and
returned, if he or she so indicted or appealed come not at the day of the
return of the same writ of capias, the exigent shall be awarded against
such person so indicted or appealed. And where any such indictment
or appeal is or shall be taken before justices assigned to hear and deter-
mine, or before justices of the peace, or before any other having power
to take such indictments or appeals, and shall be removed or delivered
into the supreme court by certiorari, or otherwise, no exigent shall be
awarded by the same supreme court until such writ of capias with proc-
lamation shall be awarded and served and returned as aforesaid. And
if any exigent shall be awarded upon any such indictment or appeal
before such capias with proclamation .be awarded, served and returned
as aforesaid, and outlawry be upon that pronounced, as well the exigent
so awarded and the outlawry thereupon, and every of them, shall be
holden for none and void; and the party against whom such exigent
shall be awarded or outlawry pronounced, contrary to the form afore-
said, shall not be endamaged thereby, nor put to loss of his or her life,
or goods or chattels, lands or tenements. '
And he it further enacted hy the authority aforesaid, That in every
action personal, and in all cases of indictments and informations for
trespasses or misdemeanors, wherein or whereupon any writ of exigent
shall be awarded out of any court, one writ of proclamation shall be
awarded and made out of the same court, having day of test and return
as the said writ of exigent shall have, directed and delivered of record
to the sheriff of the county where the defendant at the time of the exi~
gent so awarded shall be dwelling, which writ of proclamation shall con-
CHAP. 9.] TENTH sEssioN. 359
tain the effect of the same action, indictment or information. And the
sheriff of the county unto whom any such writ of proclamation shall be
directed shall make or cause to be made three proclamations in the form
following, that is to say, one of the same proclamations in his open
county court, and one other of the same proclamations at the general
sessions of the peace in those parts where the party defendant at the
time of the exigent awarded shall be dwelling, and one other of the same
proclamations one month at least before the ﬁfth demand by virtue of
the said writ of exigent at or near to the most usual door of the church
of the town or place where the defendant shall be dwelling at the time
of awarding the said exigent ; and if there be more than one church in
such town, than at or near the most usual door of the church nearest
the defendants dwelling; and if there be no church in such town, then
at or near the the most usual door of the church in the next town near.
est the defendants dwelling, and upon a Sunday immediately after
divine service and sermon, if any there be. And if any such defendant
shall at the time of awarding the exigent reside out of this State, then
such writ of proclamation shall be directed to and executed by the
sheriff to whom the exigent shall be directed; and in such case such
writ of proclamation shall be published in one or more of the news
papers to be printed in the city of New York for twelve several weeks
before the return of the exigent. And that all outlawries had and pro-
nounced and no writs of proclamations awarded and returned according
to the form of this statute, shall be utterly void and of none effect, and
may be avoided by averment, without suing out any writ of error.
And be it furtber enacted by t/ze aut/zority aforesaid, That before any Defendant
reversal of any outlawry be had by plea or otherwise, and before any 2:633:33,
allowance of any writ in error upon any outlawry, the defendant and before
defendants in the original action or suit shall put in bail, if bail was ﬁg‘éligg’:
required in such original action or suit, not only to appear and answer
to the plaintiff in the former suit in a new action to be commenced by
the said plaintiff for the cause mentioned in the ﬁrst action, but also to
satisfy the condemnation, if the plaintiff shall begin such suit before the
end of two terms next after the allowing of the writ of error, or other-
wise avoiding of the said outlawry.
And be it furt/zer enacted by tile azct/zority aforesaid, That no person Persons
or persons whomsoever who are or shall be outlawed in any court, for outlawed
. may apply
any cause, matter or thing whatsoever, other than for treason or felony, for re-
shall be compelled to come in person into court, or appear in person in Qﬁigi‘ﬁlé’yy,
court, to reverse such outlawry, but shall or may appear by attorney
and reverse such outlawry, without bail in all cases, except where
special bail shall be ordered by the court.
And be it furt/zer enacted by t/ze aut/zority aforesaid, That in all cases outlawry
where an outlawry shall be had before judgment in any personal action, 353315333}
the plaintiff at whose suit the same outlawry shall be had, may suggest fore J'udir-
and set forth his cause of action upon the roll of the exigent after the .‘ii’i‘iggt’g
return of the same, upon which a writ shall be issued to the sheriff ofggggg‘gge
the county where the action shall be brought, to summon a jury to '
appear in the same court where the action shall be brought, if the same
shall be brought in any other court than the supreme court; and if the
same action shall be brought in the supreme court, then before the jus—
tices or justice of the supreme court at the next circuit court to be held
in the county where such action shall be brought, to inquire into the
truth of the matters charged by the plaintiff, and to assess the damages
that the plaintiff shall have sustained thereby. And if the action shall
be in the supreme court it shall be commanded in the same writ to the
360
LAWS OF NEW YORK. [CHAR 10.1
Payment
of damages
or judg-
ment to
work dis-
charge of
outlawry.
Terms of
court;
New York.
Albany.
Suffolk .
Queens.
justices or justice who shall hold such circuit court, that he or they
shall make a return thereof to the supreme court, at the time in such
writ mentioned and upon the return of such writ if the action shall be
in the supreme court, or upon the execution of such writ, if the action
shall be in any other court, execution shall be awarded for the sum
found by the jury, with costs, both upon the outlawry and prosecution
of the said inquiry. And fart/ter, that upon the execution of every
such writ of inquiry the plaintiff shall prove his cause of action and
debt or damages, in the same manner as if the defendant had appeared,
and traversed the same.
And be it fzcrt/zer enacted by the authority aforesaid, That upon the
payment of the sum so found upon such inquiry as aforesaid, with costs
as aforesaid, or where any outlawry shall be had after judgment in any
personal action, upon payment of the debt or damages and costs
adjudged or upon the same being levied by any execution, or brought
into court by the defendant, such outlawry and judgment shall be con-
sidered as satisﬁed, and shall cease to have any further or other opera-
tion; and an entry shall in such case be made on the roll of the exigent
after the return of the same, and after the execution or return of the
inquiry, where such inquiry as aforesaid shall be made, that the debt or
damages and costs are paid or levied, or brought into court, and that
the defendant, as to the outlawry, or judgment and outlawry, and all
execution thereupon, go without day. And fart/ter that no outlawry
in any personal action shall work any disability or forfeiture whatsoever,
in favour of any other person, than the plaintiff at whose suit it shall
be had.
CHAP. 10.
AN ACT concerning the courts of common pleas and general
sessions of the peace.
PAssED the 5th of February, 1787.
Be it enacted by tlze People of tire State of New York, represented in
Senate and Assembly, and it is hereby enacted by tile ant/torily of tlze sanze,
That the court of general sessions of the peace in and for the city and
county of New York shall be held on the ﬁrst Tuesdays in February,
May, August and November in every year, each of which sessions of the
peace may last continue and be held until the several Tuesdays next
following inclusive. That the courts of common pleas and general
sessions of the peace in and for the county of Albany shall be held
at the city hall of the city of Albany on the Third Tuesday in janu-
ary, and the ﬁrst Tuesday in june and October in every year, each
of which courts may last continue and be held until the several Tues-
days next following inclusive. That the courts of common pleas and
general sessions of the peace in and for the county of Suffolk shall be
held at the court house in the same county on the last Tuesday in March
and the ﬁrst Tuesday in October in every year and may continue and
be held until the several Saturdays next following inclusive. That the
courts of common pleas and general sessions of the peace in and 101‘
the county of Queens shall be held at the court house in the same
county on the ﬁrst Mondays in February and lune and the second Mon-
day in November in every year. and may continue and be held until
the several Saturdays next following inclusive. That the courts of com-
CHAP. 10.] TENTH SESSION. 361
mon pleas and general sessions of the peace in and for the county of Kings.
Kings shall be held at the court house in the same county on the third
Tuesdays in April and October in every year, and may continue and
be held until the several Saturdays next following inclusive. That the
courts of common pleas and general sessions of the peace in and for Richmond,
the county of Richmond shall be held at the court house in the same
county on the fourth Monday in January, the ﬁrst Monday in May, and
the fourth Monday in September in every year, and may continue and
be held until the several Saturdays next following inclusive. That the
courts of common pleas and general sessions of the peace in and for West-
the county of West Chester shall be held on the fourth Mondays in Chester’
January, May and September in every year, and shall be held alternately
at the court house at the White Plains, and at the court house at Bed-
ford, and may continue and be held until the several Saturdays next
following inclusive. That the courts of common pleas and general
sessions of the peace in and for the county of Orange shall be held on Orange,
the second Tuesdays in February, May and October in every year, and
shall be held alternately at the court house in the New City, and at the
court house in Goshen, and may continue and be held until the several
Saturdays next following inclusive. That the courts of general sessions
of the peace in and for the county of Ulster, shall be held at the court Ulster,
house in the same county on the ﬁrst Tuesday in May, and on the third
Tuesday in September in every year, and may continue and be held
until the several Saturdays next following inclusive; and that the court
of common pleas in and for the said county of Ulster shall be held at
the court house in the same county on the ﬁrst Tuesdays of January,
May and July, and the third Tuesday in September in every year, and
may continue and be held until the several Saturdays next following
inclusive. That the courts of common pleas and general sessions of the Dutchess.
peace in and for the county of Dutchess shall be held at the court
house in the same county on the third Tuesdays in January and May
and the second Tuesday in October in every year, and may continue
and be held until the several Saturdays next following inclusive. That
the courts of common pleas and general sessions of the peace in and
for the county of Columbia shall be held at the court house of Clav- Columbia,
crack on the second Tuesdays in January, May, and September in
every year, and may continue and be held until the several Saturdays
next following inclusive. That the courts of common pleas and general
sessions of the peace in and for the county of Washington shall be held Washing—
at Salem in the same county, on the second Tuesday in February, the ton
last Tuesday in May, and the ﬁrst Tuesday in November in every year,
and may continue and be held until the several Saturdays next follow-
ing inclusive. And that the courts of common pleas and'general sessions
of the peace in and for the county of Montgomery shall be held at the Montgom-
court house in the same county on the second Tuesdays in February ery'
June and October in every year, and may continue and be held until
the several Saturdays next following inclusive. Provided always,
And he it further enacted hy the authority aforesaid, That it shall and Courts
may be lawful to and for the judges and justices of the said respective {,fgﬁggfmd _
courts of common pleas and general sessions of the peace respectively, Predvious
when they conceive the due administration of justice will admit thereof, ﬂies?
to adjourn the said courts respectively, to the next succeeding term, on
any day preceding the last day, to which the power of holding such of the
said courts is hereby extended as aforesaid; and that all process which
shall be issued out of the said courts respectively, shall always bear teste
the day on which the said respective courts shall have adjourned.
VOL. 2. — 46
362 LAWS OF NEW YORK. [CHAR Io.
'Ili‘lear‘ncingf And he it further enacted hy the authority aforesaid, That the terms
Cou'rts ex_- of the mayors courts of the cities of New York and Albany, shall be
$335338 and hereby are lengthened and extended to three days, provided never-
' theless that when the business of any of the said respective courts shall
be completed, the said courts may adjourn to the next term, without
sitting until the end of the term. And that all process issuing out of
the said respective courts shall always be tested the day on which the
court shall have adjourned.
Jurisdic- And he it further enacted hy the authority aforesaid That the said
gié’ffrfgof courts of common pleas and mayors courts shall be and hereby are
common respectively authorised and empowered to hear, try and determine
gigtigid according to law all actions real, personal and mixed, suits, quarrels,
Courts- controversies and differences arising within the several and respective
cities and counties for which the same are or shall be held.
New York And he it further enacted hy the authority aforesaid, That the mayor
5:33:18, recorder and aldermen of the city of New York or any three of them,
mgfgom of whom the mayor or recorder always to be one, shall have power to
mon’pleas hold such courts of general sessions of the peace and mayors courts in
iggrtlgizg the said city, any charter law or usage to the contrary notwithstanding;
and that the judges and assistant justices of each of the other counties
in this State, or any three of them, of whom one of the judges of the
court of common pleas always to be one, shall have power to hold such
courts of common pleas in their respective counties, any law or usage to
the contrary notwithstanding.
Afﬁdavits And he it further enacted hy the authority aforesaid, That all afﬁdavits
gifggrggus' to be taken before any justice of the supreme court, in or concerning
Supreme any cause, matter or thing, depending or hereafter to be depending, or
court may . . . . . ,
be usedin in any wise concerning any proceedings to be had in any of the said
332118,.“ courts of common pleas, or courts of general sessions of the peace, or
general mayors courts, shall or may be read and made use of in the said courts
Sessions‘ respectively in the same manner, and shall be of the same force and
effect to all intents and purposes, as if they were or had been taken
before one of the judges or justices of the said courts of common pleas,
courts of general sessions of the peace, or mayors courts respectively.
And whereas an opinion hath prevailed, that no diminution can be
alledged of records removed by writ or writs of error from any of the
mayors courts or courts of common pleas in the several cities and coun-
ties of this State, and that therefore not only the declaration, pleadings,
verdict and judgment, but the plaint, process, continuances and all other
proceedings in each cause, in the said respective courts, must be set
forth specially and particularly in the record of the judgment therein,
which occasions a very considerable expence to the parties and is pro-
ductive of many inconveniences; for remedy whereof
Records of Be it further enacted hy the authority aforesaid That in all records
[,‘g‘lf‘ggg‘g of judgments hereafter to be‘made up and entered in any of the said
uP- courts, in any cause now depending or hereafter to be brought therein,
it shall be sufﬁcient immediately after the caption thereof to enter the
declaration, without setting forth or entering upon the same record, the
plaint or process against the defendant or defendants, and then if judg-
ment is not entered or the defendant or defendants shall not plead at
the same term of which the declaration is ﬁled, an imparlance shall be
entered to the term when judgment is entered, or the plea of the defend-
ant or defendants shall come in, without entering the continuances from
term to term; and when an issue shall be joined to be tried by a jury,
if the same is not tried at the next term after the joining thereof, instead
of entering all the continuances from term to term until the trial, it shall
CHAP. 10.] TENTH SESSION. 363
be sufﬁcient to enter the continuance upon the record in the following
form, “ and hereupon the process thereof is continued between the par-
ties aforesaid of the plea aforesaid in this same court before the ” mayor
recorder and alderman of the city of New York, or Albany, or Hudson,
or “judges and assistant justices of the same court,” as the case may be,
until the term when the same issue shall be tried, or some necessary rule
or order made concerning such cause or the trial thereof, if any such
shall be made: And fart/zer that the caption of all records of judg-
ments in the said mayors courts, shall be in the following form: “ Pleas
in the court of common pleas called the mayors court, held at ” such
place “ of or in” such city as the same court shall be actually held,
“in and for the said city before the mayor recorder and aldermen of
the same city, on” such day as the process against the defendant or
defendants in such cause shall be returnable and be returned served;
and that the caption of all records of judgments in the several courts of
common pleas in the several counties of this State shall be in the follow-
ing form “Pleas in the court of common pleas held at” such place as
the same court shall be actually held, “ in and for the county of” West
Chester or other county as the case may be “before the judges and
assistant justices of the same court on ” such day as the process against
the defendant or defendants in such case shall be returnable and be
returned served ; and that it shall not be necessary in any such records
in any of the said mayors courts or courts of common pleas in the sev-
eral counties, to insert the names of the mayor, recorder, aldermen,
judges or assistant justices, or any of them, either in the caption of the
same records or in any continuance or other part of the same records,
nor shall it be necessary in any such record, to set forth the authority
by which any such court is held.
And be it further enacted by ﬁre ant/zority aforesaid, That upon the 0n_removal
removal of any such record by writ of error, or upon error brought in $63,335,;
any manner upon any such judgment, it shall be lawful to alledge any gigggirégim'
diminution, or defect, or variance, or the want of any process or pro- etc., may
ceeding, in'the same manner, and the like proceeding shall be there- be alleged’
upon had, as may or ought to be done, in cases of error upon judgments
in the supreme court. _
And be it fart/ier enacted by t/ze aat/zority aforesaid, That there shall Fees ,for
be taken, allowed and paid, for drawing making up and entering or 33535515,
engrossing every such record in any of the said mayors courts, or other judgment‘
courts of common pleas, the sum of twelve shillings, and no more, to be
taken by the attorney or clerk who shall do the service. And fart/zer
that no execution, in any case, shall be issued, until the judgment is
made up and signed.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That instead of the F888 _f01'
fees allowed for drawing a declaration in any of the mayor’s courts, or 322F553
courts of common pleas in the several cities and counties within this “0115-
State, in and by an act entitled “An act for regulating the fees of the
several ofﬁcers and ministers of the courts of justice within this State,”
there shall be allowed, paid and taken the sum of six shillings, and for a
copy of such declaration the sum of three shillings, and no more.
And be it fzcrt/zer enacted by t/ze azct/zority aforesaid, That all former pets 59‘;
laws for ﬁxing the times and places of holding the said courts of com- £221,163
mon pleas and general sessions of the peace, and mayors courts of the
cities of New York and Albany, shall be and hereby are repealed
364
LAWS OF NEW YORK. [CHAP. 12.
Forfeited
landsin
eastern dis-
trict may
be sold at
the coffee-
house in
New York.
Penalties
of estreat-
ed recog-
nizances
remitted.
Certain
ﬁnes, etc. ,
remitted.
Fines, etc.,
how paid
over.
CHAP. l 1.
AN ACT for the further direction of the commissioner of forfeit-
ures for the eastern district.
PAssEu the 5th of February, 1787.
Be it enacted by the People of the State of New York represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That it shall and may be lawful, to and for the commissioners of for- '
feitures for the Eastern district, to sell and dispose of at public vendue
at the coffee house in the city of New York, all or such parts as he shall
think proper of the forfeited estates situated in the said eastern district
any law to‘ the contrary hereof in any wise notwithstanding. Provided
nevertheless, that the said commissioners shall have previous to any such
sales, advertized the same in two of the public news papers printed in
this State, for the term of six weeks successively.
CHAP. 12.
AN ACT to remit certain penalties, ﬁnes and amerciaments.
PASSED the 6th of February, 1787.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, anc‘z7 it is hereby enacted by the authority of the same,
That the penalties of all recognizances which have become forfeited to
the people of this State, and estreated before the fourth day of May last,
and which have not been paid, shall be, and the same are hereby declared
to be remitted and discharged: and all prosecutions for the recovery of
any such penalties shall from and after the passing of this act, cease and
be discontinued.
And be it further enacted by the authority aforesaid, That all ﬁnes
and amerciaments imposed or set in any court of record, previous to the
said fourth day of May last, and not already levied and collected other
than ﬁnes in cases where convictions have been had, shall be, and the
same are hereby declared to be remitted and discharged.
And be it further enacted by the authority aforesaid, That all ﬁnes,
forfeitures and amerciaments, received by any ofﬁcer, before the ﬁrst
day of january in the year of our Lord one thousand seven hundred and
eighty two, and which have not been accounted for, may be paid into
' the court of exchequer in any public securities made receivable upon
Allowance
to be made
to James
Black.
sales of conﬁscated estates, provided the same be accounted for and
paid into the exchequer, before the ﬁrst day of November next.
And be it further enacted by the authority aforesaid, That it shall and
may be lawful for the court of exchequer to make such allowance to
James Black of the city of New York, for such sums as he has expended
and paid, as administrator of the goods and chattels of jane Downie, a
felo de se, out of such part of her estate now in his hands, as by the said
court shall be deemed reasonable.
CHAP. 13.] TENTH sEssIoN. 365
CHAP. 13.
AN ACT for preventing usury.
PASSED the 8th of February, 1787.
Be it enacted hy the People of the State of New Yorh, represented in _Rate of
Senate and Assenzhly, and it is herehy enacted hy the authority of the same, glgfggsgr
That no person or persons whomsoever, shall hereafter take directly or ceed Seven
indirectly, for loan of any monies, wares, merchandize, or other things per cent’
whatsoever, above the value of seven pounds for the forbearance of one
hundred pounds for one year, and so after that rate for a greater or less
sum, or for a longer or shorter time; nor take any bond, bill, note or
security whatsoever, for payment of money to be lent, or to be due or
payable by any means whatsoever, whereupon or whereby there shall
be reserved or taken, or included, above the rate of seven pounds in the
hundred as aforesaid. And further, that all bonds, bills, notes, con-
tracts and assurances whatsoever, and all deposites of goods or other
things whatsoever for payment of any principal or money to be lent, or
covenanted or agreed to be paid. upon, or for any usury, whereupon or
whereby they shall be reserved or taken or secured or agreed to be
reserved -or taken, above the sum of seven pounds in the hundred as
aforesaid, shall be utterly void.
And he it further enacted hy the authority aforesaid, That if any person Person
or persons whomsoever, shall hereafter take, accept or receive, by way $53,351:!“
or means of any corrupt bargain, loan, exchange, chevizance, shift or :gken
interest of any money, wares, merchandize, or any other thing or things 0031...}...
whatsoever, or by any deceitful ways or means, or by any covin, engine fg‘tlilgnmft
or deceitful conveyance, for the forbearing or giving day of payment brought
for one whole year, of or for his, her, or their money, or other thing, $31,???“
above the sum of seven pounds, either in money, goods, or any other Pot, the“
. . any person
thing whatsoever, for the forbearing of one hundred pounds for one may sue
year, and so after that rate for a greater or less sum, or for a longer or 3336;?‘
shorter time, the person or persons so paying any such sums of money
or delivering any such goods or other thing, his her or their executors
or administrators shall be at liberty at any time within one year then
next, to sue for and recover the money so paid, or the value of the
goods or other thing so delivered, above the rate aforesaid, or any part
thereof, from the person or persons who shall have taken, accepted, or
received the same, or from his, her, or their executors or administrators,
with costs of suit, by action of debt founded on this act, to be prose-
cuted in any court of record having cognizance of the same, in which
actions it shall be sufﬁcient for the plaintiff or plaintiffs to alledge, that
the defendant or defendants, or his, her or their testator or intestate, is
or are, or we're indebted to the plaintiff or plaintiffs, or to his, her, or
their testator or intestate in the sum so paid, or the value of the goods
or other things so delivered, over and above the rate aforesaid, whereby
an action accrued to the plaintiff or plaintiffs according to the form of
the statute intitled “An act for preventing usury,” to demand and have
of the defendant or defendants, of his, her, or their testator or intestate,
the said sum, without setting forth the special matter; and in case the
person or persons so paying any such sum or sums of money, or so
delivering any such goods or other thing, shall not within the time
aforesaid, really and bona ﬁde and without covin or collusion, commence
his her or their ,uit or action for the money so paid, or for the value of
366
LAWS OF NEW YORK. [CHAR 13.
Scriviners,
brokers.
etc., not to
receive
more than
one-half of
one per
centfor
negotiating
loans; lia-
bility to
action.
the goods or other things so delivered as aforesaid, or shall suffer such
suit or action to be delayed or discontinued, then it shall and may be
lawful for any other person or persons, within one year after such neglect
discontinuance or delay, by any such action or suit as aforesaid, to sue
for and recover the same in manner aforesaid, with costs of suit, against
the person or persons who shall have taken, accepted or received the
same, his, her, or their executors or administrators; the one moiety
thereof to the use of the person or persons who will prosecute for the
same with effect, and the other moiety thereof to the use of the poor of
the town or place where the offence shall be committed.
And he it further enacted hy the authority aforesaid, That no scriviner,
broker, solicitor, or driver of bargains or contracts, shall hereafter take
or receive, directly or indirectly, any sum or sums of money, reward,
goods or other thing, for brocage, soliciting, driving or procuring, the
loan or forbearance of any sum or sums of money, over and above the
rate or value of ten shillings for the loan or forbearance of one hundred
pounds for one year, and so in proportion for a greater or less sum, or
above three shillings for making or renewing any bond, bill, note or
other security, for the loan or forbearance thereof, or for any counter
bond, bill or other security concerning the same; and in case any scrive-
ner broker, solicitor, or driver of bargains or contracts, or any other per-
son or persons, shall take, accept or receive, directly or indirectly, any
sum or sums of money, reward, goods or other thing, or any deposit or
security for brocage, soliciting driving or procuring the loan or forbear-
ance of any sum or sums of money, over and above the rate or value of
ten shillings for the loan or forbearance of one hundred pounds for one
year, and so in proportion for a greater or less sum, the person or per-
sons so paying such'sum or sums, or delivering or depositing any such
goods or other thing above the rate aforesaid, or his, her or their execu—
tors or administrators, shall be at liberty, at any time within one year
after paying or delivering the same, to sue for, and recover the money
‘so paid, and the value of the goods or other thing so delivered or
deposited above the rate aforesaid, or any part thereof, from the person
or persons who shall have taken, accepted or received the same, or from
his, her, or their executors or administrators, with costs of suit, by action
of debt, founded on this act, to be prosecuted in any court of record
having cognizance of the same; in which actions it shall be sufﬁcient for
the plaintiff or plaintiffs to alledge that the defendant or defendants, or
his, her, or their testator or intestate, is or are or were indebted to the
plaintiff or plaintiffs, his, her or their testator or intestate, in the sum so
paid, or the value of the goods or other thing so delivered or deposited,
over and above the rate aforesaid, whereby an action accrued to the
plaintiff or plaintiffs, or to his, her or their testator or intestate, accord-
ing to the form of the statute intitled “An act for preventing usury,” to
demand and have of the defendant or defendants, or his her or their
testator or intestate, the said sum, without setting forth the special
matter; and in case the person or persons so paying any such sum or
sums of money, or delivering or depositing any such goods or other
thing, or his, her or their executors or administrators, shall not within
the time aforesaid really and bona ﬁde and without fraud or collusion,
commence his, her or their suit or action for the money so paid, or for
the value of the goods or other things so delivered or deposited as afore-
said, over and above the rate aforesaid, or shall suffer such suit to be
delayed or discontinued, then it shall and may be lawful for any other
person or persons, within one year after such neglect discontinuance or
delay, by any such action or suit as aforesaid, to sue for and recover the
CHAP. 14.] TENTH SESSION.
367
same in manner aforesaid, with costs of suit, against the person or per-
sons who shall have taken accepted or received the same, his her or
their executors or administrators, the one moiety thereof to the use of
the person or persons who shall prosecute for the same with effect, and
the other moiety thereof to the use of the poor of the town or place
where the offence shall be committed.
And for the better discovery of the money, goods or other things, so
taken, accepted or received as aforesaid, upon or for the loan or for-
bearance of money, goods or other things, or for brocage, solicting, driving
or procuring the loan or forbearance of any sum or sums of money, Be
it fart/ier enacted by t/ze azct/iority aforesaid, That all and every the per-
son or persons, who by virtue of this act shall or may be liable to be
sued for the same, shall be obliged and compellable to answer upon
oath, such bill or bills as shall be preferred against him, her or them in
the court of chancery for discovering the sum or sums of money, goods
or other thing so taken, accepted or received as aforesaid; ana’fart/zer,
that upon the discovery and repayment or return of the money, goods
or other thing, so to be discovered, the person or persons who shall so
discover, and repay or return the same as aforesaid, with costs pf suit,
shall be acquitted and discharged from any further or other punishment,
forfeiture or penalty, which he she or they may have incurred or become
liable to, by taking, accepting or receiving, such money, goods or other
thing so discovered, and repaid or returned as aforesaid.
And be it fzcrt/zer enacted by t/ze ant/zority aforesaid, That the act entitled
“ An act for lowering the interest of money to seven per cent,” passed
the 16th of December 1737, be and the same is hereby repealed; pro-
vided that such repeal shall not be construed to affect any suits already
commenced, or which hereafter may be commenced, for any penalties
heretofore incurred by force of the said act; or to affect the right and
beneﬁt of pleading the said statute in bar to any suit already brought,
or hereafter to be brought, upon any contract heretofore made; but
such suits may be prosecuted, and such pleas made and allowed, and
judgment thereupon given, in the same manner as if this present act had
not been passed.
CHAP. 14.
AN ACT to reduce the laws concerning costs into one statute.
PASSED the 12th of February, I787.
I. Be it enacted by t/ze People of tbe State of 1V cw Yor/e, represented in
Senate and Assembly, and it is bereby enacted by t/ze azct/zority of tbe same,
Persons
sued must
answer un-
der oath.
Act recited
repealed.
In what
actions
plaintiff, if
That if any person or persons shall commence or sue in any court of :uccessfulr
record within this State, any action, bill or plant, of debt, covenant,
trespass upon the ‘case, detinue, account, or upon any statute for any
offence or wrong personal, immediately supposed to be done to the
plaintiff or plaintiffs, trespass, ejectment, or any other action whatsoever,
real, personal 'or mixt, and the plaintiff or plaintiffs, demandant or
demandants, shall by verdict or otherwise recover damages in any such
action, bill or plaint, that then the plaintiff or plaintiffs, demandant or
demandants, in every such action, bill or plaint, shall have judgment to
recover his, her or their costs, against every such defendant or defend-
ants, to be assessed and taxed by the descretion of the court where any
such action, bill or plaint, shall be commenced, sued or taken; and
0 have
judgment
for costs.
368 LAws OF NEW YORK. [CHAR 14.
shall be levied and recovered together with the debt or damages afore-
said, against the body or bodies, of goods and chattles, lands and tene-
ments of the defendant or defendants.
Defendant, II. And be it further enacted by the authority aforesaid, That if any
Ifﬂiutffggsvg, person or persons shall commence or sue in any court of record within
Cospsjf this State, any action, bill or plaint whatsoever as aforesaid, wherein the
Iﬂalﬂtlﬂ - - - - . . .
would have plaintiff or plaintiffs, demandant or demandants might have costs, (if in
Sgii‘hsegi. case judgment should be given for him, her or them,) and the plaintiff
or plaintiffs, demandant or demandants, in any such action, bill or
plaint, after appearance of the defendant or defendants be non suited,
or that any verdict happen to pass by any lawful trial against the plain-
tiff or plaintiffs, demandant or demandants, in any such action, bill or
plaint, that then the defendant or defendants, in every such action, bill
or plaint, shall have judgment to recover his costs against every such
plaintiff and plaintiffs, (except against executors or administrators
prosecuting in the right of their testators or intestates) demandant or
demandants, to be assessed and taxed by the discretion of the court,
where any such action, bill or plaint, shall be commenced, sued and
taken 25 aforesaid; and also, that every defendant or defendants, shall
have such process and execution for the recovery and having of his, her
and their costs, against the same plaintiff or plaintiffs, demandant or
demandants, as the same plaintiff or plaintiffs, demandant or demand-
ants, should or might have had against the defendant or defendants, in
case that judgment had been given for the said plaintiff or plaintiffs,
demandant or demandants, in any such action bill or plaint.
Avowants, III. And be it further enacted by the authority aforesaid, That every
$55,?” avowant, and every other person or persons that make avowry, justiﬁca-
costs- tion or cognizance, as bailiff or servant to any person or persons in any
replevin or second deliverance, if the same avowry, cognizance or justi-
ﬁcation, be found for them, or the plaintiff or plaintiffs in the same be
non suit or otherwise barred, that then they shall recover their damages
and costs against the said plaintiff or plaintiffs, as the same plaintiff or
plaintiffs should have done, if he, she or they, had recovered in the
same replevin or second deliverance, if the same had been found against
the defendant or defendants.
Actions IV. And be it further enacted by the authority aforesaid, That if any
where d9‘ action, bill, plaint, suit or cause, not concerning any freehold, or inheri-
fendant . . .
awarded tance or title of land, nor for any assault, battery or imprisonment, nor
gﬂsgihgh for slander, nor replevin, nor malicious prosecution, which have been
llgéggnvtgg, or shall be brought or commenced ‘in any of the. courts of common
judgment, pleas or mayors courts in any of the cities or counties of this State ; if
the plaintiff shall not recover above the sum of ten pounds, not having
caused an afﬁdavit on oath to be made and ﬁled before the commencing
such suit or action, that the debt due or damage sustained, or the value
a of the thing in demand exceed the sum of ten pounds, then and in
every such case the plaintiff shall not recover any costs of suit, but the
court shall award that the plaintiff shall pay to the defendant his, or her
costs to be taxed, for which the defendant shall have execution against
the body or lands, and goods and chattels of the plaintiff.
' Actions of V. And be it further enacted by the authority aforesaid, That in all
gfgpfﬁs actions of trespass, and assault and battery, commenced or prosecuted
assault, in the supreme court, wherein the judge at the trial of the cause shall
costsm' not ﬁnd and certify under his hand upon the back of the record, that
an assault and battery was sufﬁciently proved by the plaintiff against
the defendant, or that the freehold or title of the land mentioned in the
plaintiffs declaration was chiefly in question, the plaintiff in such action
CHAP. 14.] TENTH SESSION. 369
in case the jury shall ﬁnd the damages to be under the value of forty
shillings, shall not recover or obtain more costs of suit than the dam-
ages so found shall amount to: And if any more costs in any such
action shall be awarded, the judgment shall be void, and the defendant
shall by this act be acquitted of and from the same, and may have his
action against the plaintiff for such vexatious suit, and recover his
damages and costs of such suit, in any of the said courts of record.
VI. And he it further enacted hy the authority aforesaid, T hat in all Actions on
actions upon the case, for slanderous words, to be sued or prosecuted 32%???
by any person or persons in the supreme court, if the jury upon the Slaltlad?r,
trial of the issue in such action, or the jury that shall inquire of the 0088 n'
damages, do ﬁnd or assess the damages under forty shillings, then the
plaintiff or plaintiffs in such action shall have and recover only so much
costs as the damages so given or assessed amount unto, without any
further increase of the same.
VII. And he it further enacted hy the authority aforesaid, That in all Actions or
actions of trespass to be commenced and prosecuted in any court of EfI‘ESgQSQaY
record within this State, wherein, at the trial of the cause, it shall ap- allow costs
pear and be certiﬁed by the judge under his hand upon the back of the
record, that the trespass upon which any defendant shall be found guilty,
was wilful and malicious, the plaintiff shall recover not only his dain-
ages, but his full costs of suit, anything in this act contained to the con-
trary notwithstanding.
VIII. And he it further enacted hy the authority aforesaid, That in all Costs upon
suits upon any writ or writs of scire facias, and suits upon prohibitions, gigsfgﬂias
the plaintiff obtaining judgment, or any award of execution, after plea
pleaded, or demurrer joined therein, shall likewise recover his costs of
suit; and if the plaintiff shall become non suit, or suffer a discontinu-
ance, or a verdict shall pass against him, the defendant shall recover
his costs, and have execution for the same, in manner aforesaid. -
IX. And he it further enacted hy the authority aforesaid, That where Costs ,
several persons are or shall be made defendants to any action, bill or $115,253.12
plaint of trespass, assault, false imprisonment or ejectment, and any one ed as 1100116
. . . ormore de-
or more of them shall be, upon the trial thereof, acquitted by verdict, fendants.
every person or persons so acquitted, shall have and recover his, or her
costs of suit, in like manner as if a verdict had been given against the
plaintiff or plaintiffs, and acquitted all the defendants, unless the judge,
before whom such cause shall be tried, shall immediately after the trial
thereof, in open court, certify upon the record, under his hand, that
there was a reasonable cause for the making such person or persons a
defendant or defendants to such action, bill or plaint.
And he it further enacted hy the authority aforesaid, That when and Person
as often as any person or persons shall sue forth, or by any means, cause 3526555,?”
or procure to be sued forth out of any court, any bill, latitat, capias, entitle? to
alias or pluries capias, against any person or persons, who upon the 513515111 is
same writ or writs or process, shall happen to be imprisoned, or 8l18.1133€8%1:088—
upon the return of the same writ, or writs or process, appear and put
in bail, to answer such suit as shall be objected against him, her or
them, according to the common order or practice of such court, then
and in every such case, if the party or parties at whose suit the same
writ or writs, or process, was or were obtained or. sued forth, do not
before the end of the next term or court, after the return of the same
writ, or writs or process or after such bail had and taken, put into the
same CPUI'E, his, .her or their bill or declaration against the same party
or parties against whom such writ or writs, or process hath been or shall
be sued“; or if after a declaration had and put into the same court, the
\“r VOL. 2. ———47 '
370
LAWS OF NEW YORK. [CHAR I4.
Writs of
error, costs
on; sued
out by
plaintiff.
Id.; sued
out by de—
fondant.
Id. ; aﬁ‘irm-
an oe of
judgment.
Id.; uash-
ingo .
plaintiff or plaintiffs, in such case, shall not prosecute the same with
effect, but shall willingly and apparently to the same court, suffer his,
her or their suit to be delayed, or shall suffer the same suit to be dis-
continued, or otherwise shall be non suit in the same, then and in every
such case, such court shall or may, at their discretion, award and
adjudge to every such person and persons, so arrested, vexed, molested
or troubled, by such writ or writs, or process or suit, his, her and their
costs, damages, and charges, by any means sustained by occasion of any
such writ or writs, process, arrest or suits, taken, sued or had againstj
him, her or them, to be paid by such person or persons so causing or
procuring any such writ or writs, or process to be sued forth as afore-
said, and for which costs, damages and charges, the person or persons
to whom the same shall be awarded or adjudged, shall and may have
like execution as aforesaid. '
And he it further eizaeted by the authority aforesaid, That if at any
time hereafter, any person or persons shall commence or prosecute in
any court of record, any action, plaint or suit, wherein upon any
demurrer, either by plaintiff or defendant, demandant or tenant, judg-
ment shall be given by the court against such plaintiff or demandant,
or if at any time, after judgment given for the defendant or tenant, in
any such action, plaint or suit, the plaintiff or demandant shall sue any
writ or writs of error to annul the said judgment, and the said judgment
shall afterwards be affirmed to be good, or the said writ of error shall
be discontinued, or the plaintiff shall be non suit therein, the defendant
or tenant in every such action, plaint, suit or writ of error, shall have
judgment to recover his costs against every such plaintiff or plaintiffs,
demandant or demandants, and have execution for the same, in like
manner aforesaid.
And he it further enacted hy the authority aforesaid, That if any
defendant or defendants, tenant or tenants, or any other person or per-
sons, that shall be bound by any judgment obtained in any court of
record, shall sue, before execution had, any writ of error, to reverse any
such judgment, in delay of execution, that then, if the same judgment
be affirmed good in the said writ of error, and not erroneous, or if the
said writ be discontinued in the default of the party, or if any person
or persons, that sueth any writ of error, be non suited in the same, that
then the said person or persons against whom the said writ of error is
so sued, shall recover his, her or' their costs and damages, for his, her
or their delay and wrongful vexation in the same, to be assessed and
taxed by the discretion of the justices or court, before whom the said
writ of error is returnable, and have execution for the same in manner
aforesaid.
And he it further enacted hy the authority aforesaid, That if‘ any
person or persons shall sue or prosecute any writ or Writs of error, for
reversal of any judgment whatsoever, given, after any verdict, in any of
the courts aforesaid,'and the judgment shall afterwards be affirmed,
then every such person or persons shall pay unto the defendant or
defendants in the said writ or writs of error, his, her or their double
costs, to be assessed by the court where such writ of error shall be
depending for the delaying of execution. _
And he it further enacted hy the authority aforesaid, That upon the
quashing of any writ of error, for variance from the original record, or
other defect, the defendant or defendants in such Writ of error, shall
recover against the plaintiff or plaintiffs issuing out such writ, his, her
or their costs, as he, she or they should have had if the judgment had
_ been affirmed, and to be recovered in the same manner.
can». ‘15] TENTH SESSION. 37f
And be it furt/zer enacted by tbe azct/zority aforesaid, That no writ or Writs of
"writs commonly called ca ias pro ﬁne, in any suit or action of trespass, $222858?
ejectment, assault and faPlse imprisonment, in any court of record be ished?
sued out or prosecuted against any defendant or defendants, or any
further process thereupon, but the same ﬁnes are and shall hereby be
remitted, and forever discharged.
And for preventing vexatious suits in courts of equity: Be it fzcrt/zer Costs to
enacted by Me azct/zority aforesaid, That upon the plaintiffs dismissing Oﬁfgi‘ﬁﬁf‘t
his ‘own bill, or the defendants dismissing the same, for want of prose- tiﬁ'fé der
cution, the plaintiff in the suit shall pay to the defendant or defendants, '
his, her or their full costs, to be taxed by a master.
And be it fzcrtber enacted by t/ze azct/zority aforesaid, That in all suits gcticynston
commenced or to be commenced upon any obligation or specialty, made 031.55%?"
or to be made to the people of the State of New York, or to any person of People‘
or persons to or for their use, the people of this State, or other plaintiff
or plaintiffs, shall have and recover both the debt and costs, and dam-
ages, as any other common persons may do, in suits for their debts.
And be it fart/zer enacted by t/ze ant/zority aforesaid, That where any Id-; 110 b
suit on action is or shall be commenced, sued and prosecuted, by and gsvsriridteh e
in the name of any person or persons, for any debt, sum or sums of defendant"
money, due, owing or belonging to the people of this State, and the
plaintiff or plaintiffs shall be non suited therein, or if a verdict shall
pass against such plaintiff or plaintiffs, the defendant or defendants
shall not recover any costs against such plaintiff or plaintiffs.
Provided always, and be it fnrt/zer enacted by t/ze azct/zority aforesaid, Applica-
That nothing in this act contained shall extend to any popular action, fi‘ﬁﬁt‘gﬂf‘“
nor to any action to be prosecuted by any person in behalf of himself
and the people of this State, upon any penal statute, nor to any indict-
ment, presentment, inquisition or appeal.

CHAP. 15.
AN ACT for regulating elections.
PASSED the 13th of February, 1787.
Be it enactea by t/ze People of tbe State of .New York, represented in Elections
Senate and Assembly, and it is bereby enacted by t/ze aut/zorizy of tbe same, ballot; by
That all elections for governor, lieutenant governor, senators and mem- digtrivhtsfd
bers of assembly, shall be by ballot; and that such elections shall be w en 8 '
held, not by counties, but by wards in the cities of New York and
Albany, and by cities, towns, manors, precincts and districts, in all other
parts of this State ; and for that purpose, the last Tuesday in April, in
every year forever hereafter, shall be the anniversary day on which such
elections shall respectively be held, and from which the same shall be
respectively continued by adjournments, if necessary, from day to day,
not exceeding ﬁve days, until the same shall respectively be completed.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That the respect— Inspectors
ive town clerks, supervisors and assessors, of the several cities, towns, gfheget‘if'ggj
manors, precincts and districts in this State, for the time being, or the
majority of them, or the survivors of them, or the majority of such sur—
vivors, shall, from time to time, be the inspectors of the said election in
each city, town, manor, district and precinct respectively, except in the
372
LAWS OF NEW YORK. [CHAR 15.
New York
and
Albany.
Election
notice to
be issued
by clerk of
senate to
sheriﬂ’s.
Sheriff to
give notice
to inspect-
ors.
Notice of
election to
be posted
in each
election
district.
Oath of
inspectors.
Poll clerks.
cities of New York and Albany, wherein the appointment shall be as
follows, that is to say, that the mayor, recorder, aldermen and assistants
or common council men, shall convene together in common council, at
the city hall of the said cities respectively, on the ﬁrst Tuesday of April
in every year; and then and there shall, by plurality of voices, elect
from among the substantial freeholders, actually resident in each ward
in the said cities respectively, three persons for inspectors of the then
ensuing election to be held in the several wards of the said cities respect-
ively, for governor, lieutenant governor, senator or senators, and mem-
bers of assembly, or such of them, as by the constitution of this State
and this act, shall be to be chosen at such election.
And be it further‘ enacted by the authority aforesaid, That the clerk
of the senate for the time being, shall forthwith, in the present year, and
between the ﬁrst day of january and the ﬁrst day of March in every
year hereafter, inclose and send in writing under his hand, to the sev-
eral sheriffs of the different counties, in the respective great districts of
this State, a notiﬁcation of the names of the senators for each respective
district, whose seats are to become vacant, at the expiration of the year;
and of the names of those, if any, whose seats are become vacant by
death or otherwise; and of the number of senators to be elected in such
district at the next ensuing election; and also that a governor and
lieutenant governor, or a lieutenant governor only, (as the case may
require) is or are to be chosen at the then next election, if any such
choice shall be necessary; and in case of the death or inability, or of
the removal of such clerk out of this State, it shall be the duty of the
secretary of this State, and he is hereby enjoined, to do all and every
thing and things which the said~clefrkis hereby enjoined to do. And
each sheriff shall without delay' transmit a copy of such notiﬁcation to
some one inspector in each ward, town, manor, district and precinct
respectively, in his county; and also afﬁx a copy of the same notiﬁca-
tion upon the door of the court house in his county.
And be it further enacted by the authority aforesaid That each inspector,
upon receiving such notiﬁcation as aforesaid, shall immediately give
notice thereof to the other inspectors of the same ward, town, manor,
precinct or district; and the several and respective inspectors for each
respective ward, town, manor, precinct and district, or the major part of
them, shall without delay covene together, and by writing under their
respective hands to be afﬁxed in at least three of the most public places
of such ward, town, manor, precinct or district respectively, give eight
days notice of the place, (which shall be most public and convenient
for the purpose) within the same, where such election for a governor,
lieutenant governor, senator or senators and members of assembly, or
such of them, as shall then be to be chosen, then next, shall be held
within the same, on the anniversary day hereby appointed for that pur-
pose; and on such day, and at such place, the several inspectors attend-
ing, which shall be the major part of them, shall in full view and hear—
ing of the people, administer to each other, and respectively take at the
opening of the election, the following oath vizt. I do
solemnly and sincerely declare and swear, in the presence of Almighty
God, that I will in all things, well, faithfully, honestly and impartially,
and according to the best of my knowledge and abilities, execute the
ofﬁce of inspector of this election: And further that at every such
election as aforesaid, capable and sufﬁcient clerks, not less than two, for
each ward, town, manor, district and precinct respectively, shall be
appointed by the inspectors, or the major part of them, to be the clerks
of every such court of election as aforesaid respectively ; each of whom
CHAP. 15.] TENTH SESSION. 373
shall keep apoll list at every such election, under the direction and
view of the said inspectors ‘respectively, or the major part of them; and
the said ‘inspectors or the major part of them respectively, shall preside
at everyhsuch election, and, conduct and direct the same according to
the regulations herein ‘prescribed, and be the returning officers thereof
IeSPQQt-ivjely, in manner here in afterdirected; and before admitting any
person to vote at any such election, shall administer to each clerk, who
is hereby required to take the following oath vizt. I do sol- Oath of
emnly'and sincerely declare and swear in the presence of Almighty'God, p011 clerks’
that I will faithfully, truly, honestly and impartially, enter and keep the
poll lists at this election; and in all things will faithfully, truly, honestly
and impartially, according to the best of my knowledge and abilities, do
perform and fulﬁl my' duty as a clerk.- thereofz” And the inspectors and
clerks being thus sworn, the said inspectors shall cause proclamation to
be three times made, with a loud voice, as follows, vizt. “ Hear ye ! Opening
hear ye ! hear ye ! The poll of this election is opened; and all manner 0 polls‘
of persons attending the same are strictly charged and commanded by
the authority, and in the name of the people of this State, to keep the
peace thereof, during their‘ attendance at this election, upon pain of
imprisonment:” Which proclamation shall be, in like manner made,
at ,the opening of the poll, upon every adjournment thereof; and on
every adjournment of the poll, and on the closing thereof, proclamation
thereof respectively, shall be made with a loud voice; praw'a’ea’ always,
that the proclamation whereby the same shall be closed, shall be pre-
ceded by a proclamation to be made three hours before the closing of
the poll, that the same will be closed at the expiration of three hours.
And the poll of every such election shall only be held open in the day
time, and not before sun rise, nor after sun set. '
Ana’ ﬁe z'z‘ fart/lar enaez‘ea’ éy t/ze aat/zorz'fy aforesaid, That the poll 'ljwo poll
lists for governor, lieutenant governor and senators, or such of them as 1222;?“
shall be to be chosen at any such election, shall be kept distinct and
seperate from those for member of assembly. And that no person shall
vote at any such election, out of the ward, town, manor, precinct or dis-
trict wherein he shall actually reside.
Ana’ 6e 2'! furZ/zer enaez‘ea’ ay t/ze autlzerz'zjl aforesaid, That the mode Mannerpf
of conducting every such election as aforesaid, shall be as follows, to 3121513133‘?
wit, every person respectively who shall be qualiﬁed according to the ballots for
constitution of this State and this law, to vote for governor, lieutenant
governor and senators, shall at such election openly deliver his ballot gggegggf
for governor, lieutenant governor and senators, or such of them as shall ators.
be then to be chosen, to one of the inspectors, who shall receive the
same in the presence of the other inspectors attending at such election;
which ballot shall be a paper ticket containing the name of a person for
governor, and the name of a person for lieutenant governor, and the
names of so many persons for senators, as shall be then to be chosen in
that district wherein the elector shall reside, or such and so many of
them respectively, as are then to be chosen, and such elector shall think
proper to vote for, severally written upon the same paper-ticket, and
distinguishing who is voted for as governor, when a governor is to be
chosen, and who is voted for as lieutenant governor, when a lieutenant
governor is to be chosen, and who are voted for as senators. And the
said paper ticket shall be so folded or rolled up, and tied or otherwise
closed as to conceal the writing thereon. And on receipt of every bal-
lot or ticket for governor, lieutenant governor and senators, or any or
either of them, the inspectors shall cause the name ‘of the elector to be
entered in the books or poll lists for governor, lieutenant governor and
374
LAWS OF NEW YORK. [CHAR 15.
Ballots for
members
of assem-
bly.
.l
Adj ourn-l
ments of
the poll.’
Oaths to
be admin-
istered to
electors
senators, or such of them as are then to be chosen, by all the clerks, and
shall cause the ballot, without suffering the same to be inspected, to be
put into a box to be provided for the purpose of receiving the ballots
for governor, lieutenant governor and senators, or such of them as are
then to be chosen, with a sufﬁcient lock thereto; and which box shall
be locked, and the key thereof be kept during the election by one of
inspectors attending such election, to be appointed for the purpose by
the major part of them: and a small hole shall be made in the lid or
cover of the box, sufﬁcient only to receive each ballot, and through
which all the ballots shall be put into the box, and which box shall only
be opened at the times herein after mentioned. Andfnrther that every
person who shall be qualiﬁed according to the constitution of this State
and this law, to vote for members of assembly, shall at such election
openly deliver his ballot for members of assembly to one of the inspec-
tors, who shall receive the same in the presence of the other inspectors
attending at such election, and which ballot shall be a paper ticket con-
taining the names of as many persons for members of assembly, as are
then to be chosen for the county wherein such elector shall then reside,
or so many of them as such elector shall think proper to vote for, sev-
erally written upon the same paper ticket; and the said paper ticket
shall be so folded or rolled up and tied, or other wise closed, as to con-
ceal the writing thereon. And on receipt of every ballot or ticket for
members of assembly the inspector shall cause the name of the elector
to be written in the books or poll lists for members of assembly, by all
the clerks, and shall cause the ballot without suffering the same to be
inspected to be put into a box to be provided for the purpose of receiv-
ing the ballots for members of assembly, with a sufﬁcient lock thereto;
and which box shall be locked and the key thereof be kept during the
election, by one of the inspectors attending such election, to be appointed
for the purpose by the major part of them; and a small hole shall be
made in the lid or cover, sufﬁcient only to receive each ballot, and
through which all the ballots for members of assembly shall be put into‘
the box, and which box shall only be opened at the times hereinafter
mentioned. Andfnrther that on every adjournment of the poll, the
clerks books or poll lists for governor, lieutenant governor, senators and
members of assembly, or such of them as are then to be chosen, shall be
carefully compared in the presence of the inspectors; and any mistakes
in either of them, shall be corrected according to the judgment of the
major part of the inspectors; whereupon the boxes shall be opened, the
books or poll lists put into them respectively, and the boxes then locked
with the books or poll lists therein, and the keys delivered to such one
of the inspectors-as the majority of them shall appoint. And the seal
or seals of one or more of the inspectors shall be put upon the said
boxes, so as to cover the holes in the lids thereof. And the boxes shall
then be delivered to such other one of the inspectors attending such
election, as a majority of them shall direct, who shall carefully keep the
same and shall without having suffered the same to be opened, or the
said seal or seals to be broken or removed, deliver the same boxes in at
the election table at the next opening of the poll, in the presence of all
the spectators attending on the said election, when and Where the seals
shall be broken, and the boxes opened, and the poll books or lists taken
out, and the boxes again locked, in order to proceed in the said election;
which course shall be observed and pursued until the poll be closed.
And be it further enacted by the authority aforesaid, That whenever
any person shall present himself to give his vote or ballot, at any such
election as aforesaid, as a freeholder qualiﬁed by the constitution of this
CHAP. 15.] TENTH SESSION. 375
State, to vote for a governor, or lieutenant governor, and either of the upon chal-
inspectors shall suspect, or any other person entitled to vote at such {ﬁat-"$1123?
election, shall challenge him to be unqualiﬁed for the purpose, the tions-
inspectors shall tender and administer to him the following oath, to wit.
do solemnly and sincerely swear and declare in the pres-
ence of Almighty God, that I am possessed of a freehold in my own
right (or in the right of my wife, as the case may be) of the value of one
hundred pounds within this State, over and above all debts charged
thereon; and that I am an actual resident of the ward, town, manor,
district or precinct of in the county of (as the
case may be) and have not been before polled in any part of this State,
at this election. And that whenever any person shall present himself to
give his vote for senators, and either of the inspectors shall suspect, or
any person intitled to vote at such election shall challenge him to be
unqualiﬁed for the purpose, the inspectors shall tender and administer
to him the following oath, to wit. “I do solemnly and
sincerely swear and declare, in the presence of Almighty God, that I am
possessed of a freehold in my own right, (or in the right of my wife, as
the case may be) of the value ef one hundred pounds within the county
of in the district (as designated by the consti-
tution of this State) over and above all debts charged thereon; and that
I am an actual resident, of the ward, town, manor, district or precinct
of in this county (as the case may be) and have not been
before polled, in any part of this State, at this election.” And that
whenever any man shall present himself to give his vote or ballot for
members of assembly only, and either of the said inspectors shall suspect,
or any person present and intitled to vote at such eleceion, shall chal-
lenge him to be unqualiﬁed for the purpose, the inspectors shall tender
and administer, to him the following oath, vizt. “ I do sol-
emnly and sincerely swear and declare, in the presence of Almighty
God, that I am and have been for six months next and immediately
preceding this election, a freeholder, and possessed of a freehold in my
own right, (or in my wife’s right, as the case may be) of the value of
twenty pounds in the county of or have for six months next
and immediately preceding this election, rented a tenement of the yearly
value of forty shillings, within the county of and have been
rated and actually paid taxes to this State; and that I now am an actual
resident of the Ward, town, manor, district or precinct of ,
(as the case may be) and that I have not been polled before, in any part
of the said county, at this election;” And in case the elector shall
refuse to take the said oath when so tendered to him as aforesaid, he
shall lose his vote at the said election; peat/idea’ nevertheless, that noth-
ing herein before contained, shall be construed to deprive the persons
who were freemen of the city of New York on the fourteenth day of
October, in the year of our Lord one thousend seven hundred and sev-
enty ﬁve, or freemen of the city of Albany on the twentieth day of’April
in the year of our Lord one thousand seven hundred and seventy seven,
and who shall be actually and usually resident in the said cities respect-
ively, and who may refuse to take the oath last above contained, of the
right of voting for representatives in assembly, in the said cities, reserved
to them by the seventh article of the constitution of this State : Pro-
vided also, that whenever any man shall present himself to give his vote
or ballot as a freeman of the said city of New York, or city of Albany,
for representative in Assembly, and either of the inspectors shall suspect
him to be unqualiﬁed for the purpose, they shall tender to him the fol-
owing oath, to wit; “ I do solemnly and sincerely swear
376 LAws or NEW YORK. [CHAR 15.
and declare, in the presence of Almighty God, that I now am and was
a freeman of the city of New York, before the ﬁfteenth day of October
in the year of our Lord one thousand seven hundred and seventy ﬁve,
or a freeman of the city of Albany, before the twenty-ﬁrst day of April
in the year of our Lord one thousand seven hundred and seventy seven,
(as the case may be) and that I now am an actual resident in
ward of the city of New York (or Albany, as the case may be,) and that
I have not been polled before at this election in any part of this State.”
And in case such elector shall refuse to make such oath, when tendered
to him as aforesaid, he shall lose his vote at the said election.
Oath to And be it further enacted by the authority aforesaid, That at every
53532356,, such election, the inspector shall tender and administer to each elector
gt beinr-r . presenting himself to vote at such election, if any or either of them shall
isaﬂ‘ected ' '
.- suspect that such elector 15 not well affected to the government of this
,- State, the following oath, to wit, “ I do solemnly without any
mental reservation or equivocation whatsoever, swear and declare and
call God to witness that I do abjure and renounce all allegiance and
subjection to the king of Great Britain, and to all and every other for-
eign king, prince, potentate, and State whatsoever, and that I will bear
true faith and allegiance to the State of New York, as a free and inde-
pendent State ; and that I will in all things to the best of my knowledge
and ability, do my duty as a good and faithfull citizen of the said State
ought to do.” And if any elector shall refuse to take the said oath
,when tendered to him as aforesaid, he shall not be permitted to vote at
such election; and if at any such election the inspectors shall receive
the vote or ballot of any elector who upon being tendered the said oath
shall refuse to take the same, the person or persons so offending, shall
for each offence, forfeit the sum of ﬁve pounds, to any person who will
sue for the same, to be recovered with costs. And further it shall and
maybe lawful for the inspectors at any such election, and they are
hereby required to administer the said oath to any elector who shall
voluntarily offer to take the same.
Closing of And be it further enacted by the authority aforesaid, That on closing
{,lgylgglgnd the poll at every such election, the poll books or lists for governor, lieu-
£8111 glgitf tenant governor and senators, or such of them as were to be chosen at
emonetc" such election, shall after due examination and correction thereof, be
fi‘lvgfedet‘o signed by the inspectors attending the closing of the poll,.and the clerks
sheriff. who shall have kept the same poll books or lists respectively; and the
box containing the ballots or tickets for governor, lieutenant governor
and senators, or such of them as were to be chosen at such election,
shall then be opened, and the ballots or tickets contained therein be
taken out, and without being inspected, shall together with the poll
books or lists be immediately put up under cover, and inclosed, and the
inclosure bound with tape and sealed in such manner as to prevent its
being opened without discovery, and the inspectors present at closing
the poll, shall then put their seals and write their names upon the same
inclosure, and one of the inspectors then present, to be appointed for
that purpose by a majority of them, shall deliver the same inclosure so
sealed up as aforesaid, to the sheriff of the county without delay. And
Ballots and further that _the poll books or lists for members of assembly, shall, on
£51! H1232- closing the poll at every such eleetion, after due examination and cor-
ggé‘gxgfol rection, be signed by the inspectors attending at the closing of the poll,
y -
to be deliv- and the clerks who shall have kept the same poll books or lists respect-
ggigig ively, and then the box containing the ballots or tickets for members of
clerk- assembly, shall be opened, and the ballots or tickets contained therein
taken out, and without being inspected shall together with the poll books
CHAP. 15.] TENTH SESSION. 377
or lists for members of assembly be immediately put under cover and
inclosed and the inclosure bound with tape, and sealed in such manner
as to prevent its being opened without discovery: And the inspectors
present at closing the poll shall then put their seals and write their names
upon the same inclosure, and one of the inspectors then present, to be
appointed for that purpose by a majority of them, shall deliver the same
inclosure so sealed up as aforesaid, to the clerk of the county Without
delay, who shall carefully preserve and keep the same unbroken and
unopened, until the meeting of the persons appointed to canvass and
estimate the ballots therein contained, when he shall deliver the same
inclosure unbroken and unopened, to them.
And do 2'! farZ/zer enacted ﬁy l/ze aat/zorz'z‘y aforesaid, That each and Sheriﬂs to
every sheriff of the respective counties in this State, shall upon receiving iioilslgegdbal'
the said inclosures directed to be delivered to them as aforesaid, with- poll liststo
out opening or inspecting the same, or any or either of them, put the Z?°§€§?§?’
said inclosures and every of them into one box, which shall be well
closed and sealed up by him under his hand and seal, with the name of
his county wrote on the box, and be delivered by him, without opening
the same, or the inclosures therein contained, into the ofﬁce of the sec-
retary of this State before the last Tuesday of May'in every year, 'where
the same shall be safely kept by the secretary of this State, or his deputy,
unbroken and unopened, until the meeting of the persons appointed ‘to
canvas and estimate the ballots therein contained, when he shall deliver
all the said boxes unbroken and unopened, to them.
And [76 2'2‘ farZ/zer enacted by z‘lze'aaZ/zorz'zfy aforesaid, That a joint com- Joint com.
mittee shall be appointed yearlyfand every year to canvas and estimate $3,213,328“
the votes for governor, lieutenant- governor and senators, or such of them ballots for
as are then to be chosen; which ‘committee shall consist of twelve mem-
bers, that is to say, six to be appointed by the senate out of their body, gg'z’iegggf
and six to be appointed by the assembly out of their body; and such ators; c n-
committee shall be annually appointed, by resolutions of each body Z§f,%'u1:,%ed_
respectively, and shall meet at the ofﬁce of the secretary of this State,
on the last Tuesday of May; at which meeting the said joint committee,
or a major part of them, or the survivors of them, or the major part of
such survivors, shall on the said day and on so many days next succeed-
ing thereto as shall be necessary for the purpose, proceed to open the
said boxes one after the other, and the inclosures therein contained
respectively, and canvas and estimate the votes therein contained: and
if the number of ballots in any inclosure shall exceed the number of
electors contained on the poll lists in the same inclosure, then the said
joint committee or other persons appointed to canvas such ballots, shall
proceed to draw out and destroy unopened so many of the said ballots
as shall amount to the excess, and shall proceed to canvas and estimate
the residue: And when and as soon as they shall be able to determine
upon such canvas and estimate, who by the greatest number of votes
shall have been chosen for a governor, if a governor was to be chosen,
and who, by the greatest number of votes shall have been chosen for
lieutenant governor, if a lieutenant governor was to be chosen, and who
by the greatest number of votes shall have been chosen for senators, and
within fourteen days next after the said last Tuesday in May, the said
joint committee, or the major part of them, or the survivors of them, or
the major part of such survivors, or other persons appointed to canvas
such ballots, shall determine the same; and thereupon without delay
make and subscribe with their own proper names and hand Writing a
certiﬁcate of such determination, in abook to be kept for that purpose in
the said secretarys ofﬁce, there to remain of record, and without delay
VoL. 2. -— 48
378
LAWS OF NEW YORK. [CHAR 15.
Ballots and
poll lists
to be de-
stroyed.
If quorum
of commit~
tee do not
attend,
chancellor
and justice
of supreme
court to
act.
deliver or cause to be delivered a true copy thereof so subscribed as
aforesaid to each of the persons so elected respectively, and to the per-
son administring the government of the State for the time being; and
another copy thereof subscribed as aforesaid, unto the senate, on the
ﬁrst Monday in July in every year, or at the next meeting of the legisla-
ture thereafter. And when a governor or lieutenant governor shall be to
be chosen, the said joint committee, or the major part of then, or the sur-
vivors of them, or the major part of such survivors, or other persons
appointed to canvas such ballots, shall also cause true copies thereof,
subscribed as aforesaid, to be published in at least three of the public
news papers printed in this State. And when at any election a senator
is to be chosen in the room of one dead or removed from ofﬁce, the said
joint committee or the major part of them, or the survivors of them, or
the major part of such survivors, or other persons appointed to canvas
such ballots shall also upon the said canvas and estimate, determine and
certify in the manner afforesaid, which of the persons chosen for sena-
tor at such election, is elected in the room of the person deceased or
removed from ofﬁce ; and in order to enable them to determine the same,
it is hereby declared that when a senator is to be chosen in the room of
one dead or removed from ofﬁce, and any elector does not on his ballot
designate who he votes for as senator in the room of the person deceased
or removed from office, then the person last named on the ballot shall
be taken to be voted for in the room of the person deceased or removed
from office, if the elector votes for the full number of senators then to
be chosen; but if he does not vote for the full number, then it shall be
supposed that he did not mean to vote'for any person in the room of
the person deceased or removed from ofﬁce; and so in all cases where
more than one senator is to be chosen in the room of others either dead
or removed from ofﬁce, thelast person named on the ballot shall be sup-
posed to be voted for in the room of the person whose time of continu-
ance in ofﬁce was nearest expiring at the time of his death or removal
from ofﬁce, and the last but one in the room of the next; and so on
unless otherwise distinguished on the ballot. And further that immed-
iately upon making such determination as aforesaid, all the poll books
or lists and ballots or tickets for governor, lieutenant governor and sen-
ators, and for each and every of them, shall be destroyed by the said
joint committee. Andfarther, that in case no such committee should
be appointed, or if such committee should not meet as aforesaid on the
last Tuesday in May in any year, then it shall be the duty of the secre-
tary of this State for the time being, to give notice thereof on the said
last Tuesday in May, or within four days thereafter to the chancellor and
the justices of the supreme court of this State, for the time being; and
the chancellor and justices of the supreme court, or the major part of
them, shall be and hereby are in such case, authorised and required to
meet at the office of the secretary of this State on the second Tuesday
in june in the same year, and on that day, and on so many days next
succeeding thereto as shall be necessary for the purpose, canvas and
estimate the said votes, and do, execute and perform all and every thing
and things in and about the premises, in the same manner as such joint
committee might or ought to have done. And moreover, when a major-
ity of the said joint committee, or a majority of the survivors of them,
or the major part of the said chancellor and justices of the supreme
court, shall meet as aforesaid for the purpose of canvassing and estimat-
ing the votes for governor, lieutenant governor and senators, or for any
of them, such majority shall be and hereby are authorised, empowered
and required, to proceed to such canvas and estimate; and all ques-
CHAP. 15.] TENTH SESSION.
379
tions which shall arise upon such canvas and estimate, or upon any of
the proceedings therein, shall be determined according to the opinion of
the major part of the persons so met comformable to this act; and their
judgment and determination shall in all cases be binding and conclusive.
Ana’furf/zer, that the governor and lieutenant governor so elected, hav-
ing severally taken their respective oaths of ofﬁce, shall severally enter
upon the execution of their respective ofﬁces, on the ﬁrst day of july
then next ensuing. And that the senators so elected shall respectively
give their attendance and take their respective seats in senate, on the
ﬁrst Monday of july in every year, or at the next meeting of the legisla-
ture thereafter.
And be it furl/Aer enacted by Z/ze azez‘lzerz'ty aferesaz'd, That the said
joint committee, and the chancellor and justices of the supreme court,
or such of them as shall attend to make such canvas and estimate as
aforesaid, before they proceed to open any of the boxes delivered by
the sheriffs as aforesaid, shall severally take and subscribe, before the
secretary of this State or his sworn deputy, or a master in chancery, the
following oath to wit, “ I appointed by the senate or assembly,
as the case may be, to canvas and estimate the votes for governor,
Oath to be
taken by
persons
attending
to canvass
votes.
lieutenant governor and senators or for lieutenant governor and sena— .
tors, or for senators, as the case may be, taken at the last election held
within this State, (or I chancellor, or one of the justices of the
supreme court of the State of New York, (as the case may be) do
solemnly and sincerely swear and declare in the presence of Almighty
God, that I will faithfully, honestly and impartially canvas and estimate
the votes for governor, lieutenant governor and senators, or for lieuten-
ant governor and senators, or for senators (as the case may be) con-
tained in the boxes delivered into the ofﬁce of the secretary of this
State, by the sheriffs of the several counties; and that I ‘will publish
and declare the person who bath the greatest number of votes for gov-
ernor, (if a governor was to be chosen at such election) to be elected to
the said ofﬁce of governor, and the person who hath the greatest num-
ber of votes for lieutenant governor, (if any was to be chosen at such
election) to be elected to the said ofﬁce of lieutenant governor; and
the persons who have the greatest number of votes for senators, to be
elected to the said ofﬁces of senators respectively; and if I shall discover
any of the other persons appointed a committee with me, (or who shall
attend with me) for the purpose aforesaid, conducting himself or them-
selves partially, unduly or corruptly in the premises, that I will divulge
and discover the same, to the end, that the person so offending may be
brought to justice.” Which oath shall be entered of record by the sec-
retary or his deputy, in the same book in which the certiﬁcate of the
determination upon such canvas and estimate, is to be entered as afore-
said.
Azzd ﬁe z'z‘ fZH’Z/ZL’?’ ezzaez’ed &y the auZ/zerz'z‘y aforesaid, That the mayor,
recorder and aldermen of the city of New York for the time being, or
the major part of them, shall be, and hereby are authorised and required
to canvas and estimate the votes for members of assembly for the said
city and county of New York, and shall yearly meet together for that
purpose, at the city hall of the city of New York, on the last Tuesday in
May, in every year, and on that day, and on so many days next suc-
ceeding thereto as shall be necessary for the purpose, proceed to open
the said inclosures delivered to the clerk of the said city, and canvas
and estimate the votes therein contained; and when and as soon as
they shall be able to determine upon such canvas and estimate, who,
by the greatest number of votes shall have been chosen for members of
Mayor, re-
corder and
aldermen
to canvass
votes for
member of
assembly
in New
York city.
'380
LAWS OF NEW YORK. |_CHAP. I5.
Supervis-
ors to can-
vass votes
for mem-
bers of
assembly
in each
county.
If quorum
of super-
visors do
not attend,
justices of
common
pleas to be
summoned
assembly for the said city and county of New York at the last preceeding
election, and within fourteen days after the said last Tuesday of May,
they shall determine the same; and thereupon without delay make and
subscribe with their own proper names and hand writing a certiﬁcate of
such determination in a book to be kept for that purpose in the ofﬁce
of the clerk of the city of New York, there to remain of record: and
without delay deli er, or cause to be delivered a true copy thereof so
subscribed as aforesaid, to each of the persons so elected respectively,
and to the person administring the government of this State for the
time being; and shall also deliver or cause to be delivered another copy
thereof so subscribed as aforesaid, unto the assembly, on the ﬁrst Mon-
day of july in every year, or at the next meeting of the legislature
thereafter ; and immediately upon making such determination as afore-
said, all the poll books, or lists, and ballots or tickets for members of
assembly for the same‘ cityand county, shall be destroyed by the said
mayor, recorder and aldermen, or by some or one of them;
And a 2'2‘ fart/ter enaez‘ea’ 12y z‘lze aaf/wrz'z‘y aforesaid, That the super-
visors of each and every of the other counties of this State for the time
being respectively, or the major part of them, shall be, and hereby‘ are
authorised and required to canvas and estimate the votes for members
of assembly for their respective counties. And the supervisors of each
respective county for the time being, or the major part of them, shall
yearly meet together for that purpose on the last Tuesday of May in
every year, at the court house in the same county, if there be any, and
if not, or if there be more than one court house in such county, then
at the house or place where the then last court of sessions of the
peace for the. same county was held; and on that day, and on so many
days next succeeding thereto as shall be necessary for the purpose, pro-
ceed to open the said inclosures delivered to the clerk of the said
county as aforesaid, and canvas and estimate the said votes therein
contained; and when and as soon as they shall be able to determine
upon such canvas'and estimate, who, by the greatest number of votes,
shall have been chosen for members of assembly for the same county
at the last preceeding election, and within fourteen days after the said
last Tuesday of May, they shall determine the same, and thereupon
without delay make and subscribe, with their own proper names and
hand writing, a certiﬁcate of such determination, in a book to be kept
for that purpose in the ofﬁce of the clerk of the same county, there to
remain of record; and without delay deliver or cause to be delivered a
true copy thereof so subscribed as aforesaid to each of the persons so
elected respectively, and to the person administring the government
of this State for the time being. And shall also deliver or cause to be
delivered another copy thereof so subscribed as aforesaid, unto the
assembly, on the ﬁrst Monday of july in every year, or at the ﬁrst meet-
ing of the legislature thereafter. And immediately upon‘ making such
determination as aforesaid, all the poll books or lists, and ballots or
tickets for members ofassembly for the same county, shall be destroyed
by the said supervisors, or by some or one of them. -
A 1212’ a 2'! fart/2e?’ enacted by Z/ze aaZ/zm'z'zj/ afaresaz'a’, That in case the
supervisors for the time being of any county, or a majority of them,
shall not meet as aforesaid on the last Tuesday of May in any year,
then the clerk of such county shall, on the said last Tuesday of May,
or within three days thereafter, give notice thereof to the judges and
assistant justices of the court of common pleas for the time being in
the same county; and the same judges and justices, or the major part of
them, shall be, and hereby are in such case, authorised and required to
CHAP. 15.] TENTH SESSION. 381
meet together on the second Tuesday in june in the same year, at the
same place where the supervisors ought to have met, and on that day,
and on so many days next succeeding thereto as shall be necessary for
the purpose, canvas and estimate the votes for members of assembly
for the‘ same county, and do, execute and perform all and every thing
and things in and about the premises, in the same manner as the super-
visors of the same county, or the major part of them, might or ought to
have done. '
And be it fzcrt/zer enacted ay t/ze azct/zority aforesaid, That if the number Excess of
of ballots for member of assembly in any inclosure shall ‘exceed the ggsiitggsf’lg
number of electors mentioned on the poll lists contained in the same be de-
- - - - stroyed.
inclosure, then the said supervisors or other persons appointed to can-
vas such ballots, shall proceed to draw-out and destroy unopened so
many of the said ballots as shall amount to the excess,»and shall proceed
to canvas and estimate the residue; and if two or more ballots or tickets
shall be found folded or rolled up together, none of the ballots so folded
or rolled up together shall be estimated.
And no it fart/ter enacted [1y t/ze azct/zority aforesaid, That when a Determi-
majority of the said mayor, recorder and aldermen of the city of New 33533,?
York, or a majority of the supervisors of any county, or the major part 033mg‘;-
of the judges and assistant justices of the court of common pleas of any togbe dbrn-
county, shall meet as aforesaid, for the purpose of canvasing and esti- cluswe'
mating the votes for members of assembly as aforesaid, such majority
shall be, and hereby are authorised, empowered and required to proceed
to such canvas and estimate; and all questions which shall arise upon
such canvas and estimate, or upon any of the proceedings therein, shall
be determined according to the opinion of the major part of the persons
so met, and their judgment and determination shall in all cases, be bind-
ing and conclusive. .
And be it further enacted 5y t/ze azct/zority aforesaid, That the members Term of
- - - ofﬁce of
of assembly so elected, shall respectively give the1r attendance, and take assembly_
their respective seats in assembly on the ﬁrst Monday of july in every men to
l . . COHJIIIGHCB
year, or at the next meetlng of the legislature thereafter. on ﬁrst
And a it fart/ter enacted 6y t/ze azct/zority aforesaid, That the mayor 3181??“ of
recorder and aldermen of the city of New York, or such of them as shall Oath to be
make such canvas and estimate as aforesaid, and the supervisor and Eggggglg
judges, and assistant justices of the court of common pleas of each of of canvass-
the other counties of this State, or such of them as shall make such mgboard'
canvas and estimate as aforesaid, shall, before they proceed to open
any of the inclosures containing the ballots for member of assembly,
severally take and subscribe the following oath, to wit, “ I
mayor or recorder, or one of the aldermen of the city of New York, or
supervisor of in the county of or one of the judges,
or one of the assistant justices of the court of common pleas in the
county of ‘ do solemnly and sincerely declare and swear, in
the presence of Almighty God, that I will faithfully, honestly and impar-
tially canvas and estimate the votes for member of assembly for the city
and county of New York, (or for the county of ) contained
in the inclosures delivered into the ofﬁce of the clerk of the same city
(or county), and that I will publish and declare the persons who have
the greatest number of votes for member of assembly, to be severally
elected to the said ofﬁce respectively; and that if I shall discover any of
the other persons who shall attend with me for the purpose aforesaid,
conducting or demeaning himself or themselves partially unduly or cor-
ruptly in the premises, that I will divulge or discover the same, to the
end that the person so offending, may be brought to justice.” Which
LAWS OF NEW YORK. [CHAR I5.
Penalty for
partial or
corrupt
conduct.
Penalty for
neglect to
perform
duty.
Penalty for
disorderly
conduct,
etc., at
elections.
oath shall be taken by the said mayor, recorder and aldermen of the
city of New York, before the clerk of the same city, or either of the jus-
tices of the supreme court, or a master in chancery, and shall be entered
of record by the clerk of the same city in the same book where the cer-
tiﬁcate of their determination is to be entered as aforesaid: And the
said oath shall be taken by the supervisors or judges, and assistant jus-
tices of the court of common pleas, in each of the other counties respect-
ively, before the clerk, of any justice of the peace of the same county,
and shall be entered of record by the clerk of the same county, in the
same book where the certiﬁcate of their determination is to be entered
as aforesaid.
And be it further enacted hy the authority aforesaid, That if any or
either of the said joint committee, or the chancellor, or any or either of
the justices of the supreme court, or the mayor, or recorder, or any or
either of the aldermen of the city of New York, or any or either of the
supervisors, or judges, or assistant justices of the court of common pleas
in any county, or any inspector, shall be guilty of any partial or corrupt
or undue conduct or behaviour in the business by this act committed to '
them, and be thereof convicted, he, and they, and every of them so con-
victed, shall suffer the same pains and penalties as in cases of wilful
and corrupt perjury; and shall, from and after such conviction be utterly
disabled and disqualiﬁed to hold or enjoy any place or ofﬁce in this
State; any pardon that may be issued by the person administring the
government of this State to the contrary hereof in any wise notwith-
standing.
And he it further enacted by the authority aforesaid, That if any or
either of the said joint committee, or the chancellor, or any or either of
the justices of the supreme court, or the mayor or recorder, or any or
either of the aldermen of the city of New York, or any or either of the
supervisors or judges or assistant justices of the court of common pleas
in any county, or any inspector, sheriff or'clerk, shall wilfully neglect to
perform the duties respectively required of them by this act, or shall be
guilty of any corrupt misbehaviour in any matter or thing in or relating
to the business committed to them respectively by this act, and be
thereof convicted, he, they and every of them so offending and con-
victed, shall forfeit and pay, for every such offence, the sum of two hun-
dred pounds, to be recovered by action of debt, bill, plaint or informa-
tion, in any court of record; the one moiety thereof, to the use of any
person who shall prosecute for the same, and the other moiety thereof,
to the use of the people of this State. And if the prosecutor in any such
suit shall prevail, he shall likewise have judgment for and recover his
costs of suit against the person convicted. But if the person so pro-
ceeded against shall be acquitted, he shall recover double costs against
the prosecutor. And no process shall issue to bring in the party accused,
until bond be ﬁled in the ofﬁce of the clerk of the court out of which
such process shall issue, in the penalty of two hundred pounds, with
two sufﬁcient freeholders as sureties, such as the court shall approve,
to secure the defendant double costs, to become due on a dis-continu-
ance, Withdrawing of the suit, or an acquittal, or neglect to bring the
same to trial within ﬁve terms after the appearance of the defendant to
answer the same.
And he it further enacted hy the authority aforesaid, That if any per—
son shall be guilty of any disorderly conduct at any such election for
governor, lieutenant governor, senators and members of assembly, or
any of them, or of using any indirect, sinister or corrupt means to
inﬂuence any elector, or electors, in giving in his or their ballots, the
CHAP. 15.] TENTH SESSION.
383
major part of the inspectors at such election, are hereby authorised,
empowered and required to commit the offender to the gaol of the
county, there to remain committed, for a space not exceeding thirty
days; and all sheriffs, under sheriffs, constable and gaolers, are hereby
strictly charged, commanded and required, to aid and obey the inspec-
tors herein. ’ _
Arid ﬁe it furt/zer enaez‘ed ﬁy the authority aforesaid, That whoever
shall, by bribery, menace or other corrupt means or device whatsoever,
either directly, or indirectly, attempt to influence any free elector of this
State, in giving his vote or ballot, or deter him from giving the same, at
any election within this State, and shall thereof be convicted, such per-
son so offending and convicted, shall forfeit and pay for every such
offence, the sum of ﬁve hundred pounds, to be sued for, and recovered
by any person, and in the manner, and under the restrictions above
prescribed, in actions to be brought for neglect of duty or corrupt mis-
behavior, one moiety of which penalty shall be recovered to the use of
the person suing and prosecuting for the same, and the other moiety
thereof to the use of the people of this State; and on such conviction,
the person convicted, shall thenceforth and forever thereafter, stand and
be utterly disabled, disqualiﬁed and incapacitated, to hold exercise or
enjoy any ofﬁce, or place of trust or proﬁt, whatsoever within this State.
And ﬁe ii‘ farl/zer e/zaez‘ed ﬁy z‘lze aul/zorizjl aforesaid, That no person
under the age of twenty one years, nor any person not a citizen of this
State, or of one of the United States, shall have a right to vote at any
election in this State.
And ﬁe i2‘ farl/zer enaez‘ed ﬁy z‘ﬁe auz‘lzorizfy aforesaid, That every mort-
gagor while he continues in the occupation of the premises mortgaged,
and every mortgagee of a real estate to him and his heirs, after he
obtains possession of the mortgaged premises, and every person pos-
sessed of a freehold in right of his wife, shall be deemed and esteemed
a freeholder within the meaning of this act.
Arid ﬁe i2‘ furz‘lzer enaeted ﬁy z‘lze aaz‘lzoriz‘y aforesaid, That all and
every person and persons, inhabitant and inhabitants of this State, who
at any time after the ninth day of july in the year of our Lord one
thousand seven hundred and seventy six, and during the late war
between the king of Great Britain and the United States of America,
did voluntarily take up arms with the the British troops, or with the
Indians then at war with this State, or any of the United States; and
every person or person who did within the time aforesaid voluntarily
take any commission or appointment in the army or navy of the king
of Great Britain; and every person and persons who shall have acted as
captain, lieutenant, or master, of any privateer or privateers, or vessels
of war, to cruise against or commit hostilities upon vessels, property or
persons of any of the citizens of this State, or any other of the United
States, shall be and hereby is and are declared to be utterly disabled
disqualiﬁed and incapacitated to hold, exercise or enjoy, a seat in either
house of the legislature, or any ofﬁce, or place of trust, honor or proﬁt
whatsoever, within this State. Provided always, that nothing in this act
contained, shall be construed to disqualify persons who have not been
commissioned or employed otherwise than as ofﬁcers of the militia, or
in doing militia duty, during the time aforesaid. Arzdproz/idedfarz‘ﬁer,
that nothing in this act contained shall be construed to disqualify any
person who has been naturalized since the said ninth day of july one
thousand seven hundred and seventy six.
And ﬁe i! farl/zer enaez‘ed ﬁy l/ze aaz‘lzorizj/ aforesaid, That the act
entitled “An act to regulate elections within this State ” and the second
Penalty for
bribery,
etc.
Persons]
disquali—
ﬁed from
voting.
Persons
deemed
freeholders
‘Persons
disquali-
ﬂed from
holding
ofﬁces of
trust.
Act recited
repealed .
384
LAWS OF NEW YORK. [CHAR 16.
Manner of
conducting
town meet-
ings; jus-
tices of
the peace
to preside.
Persons
qualiﬁed
to vote.
Day on
which
town meet-
ings to be
held.
section of the act entitled “An act for the better securing the indepen-
dence of this State, and to that end requiring all public ofﬁcers and
electors within this State, to take the test oath therein contained,” and
the second section of the act entitled “An act to preserve the freedom
and independence of this State, and for other purposes therein men-
tioned,” and all laws heretofore made in this State, while the same was
the colony of New York, relating to the election of representatives to sit
in general assembly, shall be, and hereby are repealed

CHAP. 16.
AN ACT for the more orderly holding of town meetings.
PASSED the 14th of February, 1787.
Be it enacted by t/ze People of the State of New York represented in
Senate and Assembly and it is hereby enacted by t/ze aut/zorz'ty of the same,
for the more orderly holding of town meetings, it shall be, and is hereby
made, the duty of the justices of the peace for the time being, to attend
at every town, precinct and district meeting, hereafter to be held in and
for the town, precinct and district in which they respectively reside;
and that the said justices of the peace, or such of them as shall attend
at such meeting, shall preside at, and superintend the same, and take
care that the business thereof be orderly and regularly conducted, and
shall, in case of dispute, determine who have, and who have not a right
to vote, or be elected, at such meeting according to law. And if no
justice of the peace shall reside in the town, precinct or district, at the
time of holding such meeting, then the clerk of the town, precinct or
district, who was elected at the last preceding meeting, shall preside at
such meeting, and have and exercise all the powers and authorities
hereby vested in the justices.
And be it fzcrt/zer enacted by t/ze aat/zorz'ty aforesaid, Thatevery male
person, being a citizen of this State, who shall be above the age of
twenty one years, and shall have resided in any town, precinct or dis-
trict, six months next preceding such town, precinct or district meeting,
and 'paid taxes within the same, or shall be posessed of a freehold, or
shall have rented a tenement of the yearly value of forty shillings, for
the term of one year, within the same, shall have a right to vote at such
meeting, and no other person.
And be it fnrt/zer enacted by t/ze ant/torily aforesaid, That the ﬁrst
Tuesday in April in every year hereafter, shall be the anniversary day
of holding town meetings in the several towns, precincts and districts,
in the several counties of this State; and that no such town meetings
shall be held longer than two days, and shall only be held open between
sun rise and sun set, any law, usage or custom, to the contrary notwith-
standing.
CHAP. 17.] TENTH sEssIoN. . 385
CHAP. l '7.
AN ACT authorizing the sheriff of Queens county to remove
his prisoners from the gaol in the city and county of New
York, and the sheriff of Dutchess county to remove his prison-
ers from the gaol in Ulster county.
PASSED the 14th of February, I787.
Be it enacted by t/ze People of t/ze State of New Yor/e, represented in Queens
Senate and Assembly, and it is bereby enacted by the aat/zorizy of tbe sanze, 33,2232“
That the sheriff of Queens county shall, on or before the ﬁrst day of to be 1'6-
April next, remove all his prisoners from the gaol at the city of New §§3§$%6W
York, to the gaol in Queens county aforesaid, and there conﬁne them Yorkjan-
and every of them in safe custody, until they respectively be discharged
by due course of law.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That the sheriff Dutchess
of the county of Dutchess, shall on or before the ﬁrst day of April
next, remove all his prisoners from the gaol in Ulster county to the 230127256-
gaol in Dutchess county aforesaid, and there conﬁne them and every from _ _
of them in safe custody, until they respectively be discharged by due Ulster'Jall‘
course of law.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That neither of Sheriffs
the said sheriffs shall be liable to an action or actions of esca e or might-‘Pie
L Y P ; for escape
other action at law, for the removing of the said prisoners, or either of them; and that if any action, bill, plaint, suit or information, shall be of prison-
commenced or prosecuted against the said sheriffs, or either of them, em‘
for removing the said prisoners, or either of them, in pursuance of this
act, it shall and may be lawful for such sheriff to plead the general
issue, and to give this act, and the special matter in evidence; and if
the plaintiff or prosecutor in any such action, bill, plaint, suit or infor-
mation, shall become non-suit, or discontinue, or cease to prosecute the
same, or if a verdict or judgment be given against him, or her, the
defendant shall recover double costs, for which he shall have like remedy
as in other cases, where costs by law are given to defendants.
And be it fart/zer enacted by t/ze ant/cority aforesaid, That in case any Sheriff
prisoner or prisoners shall escape from the custody of either of the said {,‘g‘ggggfl
sheriffs, in the time of his, her or their removal, and the sheriff, from p51'i§g€1§g_
whom such prisoner or prisoners shall escape, shall not retake such taken in
prisoner or prisoners, and conﬁne him, her or them, in the gaol to which Slxty days‘
he, she or they ought to be removed by virtue of this act, within sixty
days next after such escape made, the same sheriff shall be liable to all
actions for such escape and escapes, in the same manner as he would
have been, if this act had not been made.
And be it fart/ter enacted by t/ze azct/zorizy aforesaid, That so much Acts and
of the act entitled an act relative to the gaols in Suffolk, Kings, Queens, gggstie‘fted
Richmond and Westchester counties, and for other purposes therein repealed-
mentioned, as authorized the sheriff of Queens county, and the ofﬁcers
and ministers of justice in and for the same county, to commit prison-
ers to the gaol of the people of this State, in the city and county of
New York, and the act entitled “ An act enabling the sheriff and other
peace ofﬁcers of Dutchess county, to imprison and conﬁne certain
debtors and criminals in the gaol of Ulster county, shall be and hereby
are from and after the said ﬁrst day of April next, repealed.
VoL. 2.——49
386
LAWs OF NEW YORK. [CHAR r8.
Coroners
to be
appointed;
duty of.
cHAP. 18.
AN ACT concerning coroners.
PASSED the 14th of February, 1787.
Be it enacted hy the People of the State of New Yorh, represented in
Senate and Assenzh/y, and it is hereby enacted hy the authority of the'sanze,
That in every county of this State, sufﬁcient men shall be appointed to
be coroners, of the most wise and discreet men of the same county, who
know, will, and may best attend upon such ofﬁces. And further that
every coroner, upon notice, or being certiﬁed by the people of the
county, shall go to the places where any be slain, or suddenly dead,
or wounded, or where houses are broken open, or where treasure is said
to be found, and shall forthwith command twenty four good and lawful
men of the same county, to appear before him, at such place in the same
county as he may ﬁnd most proper and convenient, and shall appoint,
and when they or any twelve or more of them, shall appear, the coroner
shall, upon their oath, and upon view of the body, when any is slain, or
suddenly dead, inquire, by what means and in what manner, the person
so dead came to his or her death, and whether the person so dead be
known or a stranger, and where he or she lay the night before, and if
such person was slain, where and when the same person was slain, and
whether it was in any house, ﬁeld, bed, tavern or company, and who
were there, if any, and who were guilty, and in what manner, either of
the act, or as accessary, and who were present, either men or women, of
what age soever they be, if they can speak, or have discretion: and such
as shall be found guilty by inquisition, in any of the manners aforesaid,
shall be taken and delivered to the sheriff, and shall be committed to the
gaol; and if any person shall be found dead in the ﬁelds or in the woods,
it shall be inquired, whether he or she was slain there or not; and if the
body so found were brought and laid there, they shall do so much as
they can, to follow the steps of those who brought the body thither;
and if any person be found guilty of murder, the coroner shall immed-
iately go into his house,'and shall inquire how much land he bath, and
what it is worth yearly, and what corn he hath upon the ground, and
what goods and chattels he bath, and shall value the same lands, goods
and chattels, as if they should be immediately sold, and thereupon the
coroner shall seize and be answerable for the same. And immediately
after such inquiry shall be made, the bodies of such persons, being slain
or suddenly dead, shall be buried. And in like manner it is to be
inquired of persons that be drowned, or suddenly dead, when their bodies
be found, whether they were so drowned, or slain, or strangled, or killed
by any other and what hurt found upon their bodies; whereupon the
coroner and jury shall proceed in manner aforesaid. And in like man-
ner it is to be inquired of them that die in prison, or be killed by misfor-
tune. And the coroner ought also to inquire of treasure that is found, who
“were the ﬁnders; and likewise who is suspected thereof ; and such as be
so found may be attached by the coroner, and bound, with at least two
sureties, to appear before the justices of the next gaol delivery in the
same county, to answer the premises. And moreover, if any be appealed
of rape, they shall be taken and delivered to the sheriff, and be com-
mitted to the gaol, if the appeal be fresh, and there be apparent sign of
truth, by effusion of blood, or an open cry made. But if there was no
CHAP. 18.] TENTH SESSION.
387
cry, nor any manifest sign or token of the truth of the appeal, the defend-
ant shall be bound, with two or more sufﬁcient sureties, to appear before
the justices of the next goal delivery in the same county, to answer the
premises. And upon appeals of wounds and such like, especially if the
wounds be mortal, the parties appealed shall be taken and delivered to
the sheriff, and shall be committed to the goal, and kept until it be per-
fectly known whether the person hurt shall recover, or not: and if the
person hurt die, the defendant shall be kept; but if the person recover,
the defendant may be let to main prize, by one of the justices of the
supreme court, but by none other. And if the wounds be not mortal,
or if the appeal be for a maim, the defendant shall be bound, with two
or more sureties, to appear before the justices of the next goal delivery
in the same county, to answer the premises. And also all wounds ought
to be viewed, the length, dreadth and depth, and how many wounds
there be, and with what weapons they were made, and in what part of
the body the wound or hurt is, and who are guilty, and if there be many
wounds, who gave each particular wound. And if any be appealed of
any act done as principal, they that be appealed as accessary shall also
be taken and safely kept in gaol, until the principals be attainted or
delivered. And if any be suspected of the death of any person, or of
doing any hurt to any person, so as to endanger life, such person so sus-
pected shall be taken and imprisoned as aforesaid; all which things
must be inrolled in the roll of the coroners. And moreover hue and cry
shall be levied for all murders and burglaries, and for men slain, or in
peril to be slain; and all persons shall follow the hue and cry, and pursue
the offenders as near as can be; and he that doth not, and is convict
thereupon, by the record of the coroner, shall be attached to be before
justices of the next gaol delivery in the same county, to answer the
premises. Andfzirt/zer that all coroners shall deliver their inquisitions
and rolls, before the justices of the next gaol delivery in their respective
counties, and the same justices shall proceed thereupon against the
offenders, if they be in gaol, and if not, the same justices shall
deliver the same inquisitions and rolls into the supreme court, there to
be proceeded upon according to law.
And ﬁe i! farl/zer enaez‘ed ﬁy z‘lze aaz‘lzorizj/ aforesaid, That every coro-
ner, upon any inquisition before him found, whereby any person or per-
sons shall be indicted of murder or man slaughter, or as accessary or
accessaries to the same, before the murder or man slaughter committed,
shall put in writing the effect of the evidence given to the jury before
him, being material; and every such coroner is hereby authorized and
required, to bind all such by recognizance, as do declare any thing
material to prove the said murder or manslaughter, or to prove any per-
son or persons to be accessary or accessaries to the same, to appear at
the next gaol delivery to be holden within the county or city where the
trial thereof shall be, then and there to give evidence against the party
so indicted, at the time of his or her trial; and shall certify, as well the
same evidence, as such recognizance and recognizances, in writing, as
he shall take, together with the inquisition or indictment before him
taken and found, to the same court, at or before the time of the trial of
the party so indicted: And in case any coroner shall be remiss and do
not take inquisition as aforesaid, or do not certify as is before ordained,
or shall offend in any thing contrary to the true intent and meaning of
this act, the justices of gaol delivery of the county or city, where such
offence shall be committed, upon due proof thereof, by examination
before them, shall, for every such offence, set such ﬁne upon every of
the same coroners, as the same justices of gaol delivery shall think meet,
Coroner to
put evi-
dence in
writing in
case of
murder,
etc., and
bind Wit-
nesses by
recogni—
zance to
appear.
388 LAWS OF NEW YORK. [CHAR 19.
and estreat the same as other ﬁnes and amerciaments assessed before
justices of gaol delivery, ought to be estreated. '
Returns And be it fart/ter enacted by t/ze aat/iority aforesaid, That any return
$522,?’ made and signed by any one of the coroners for the time being, in any
be of the counties of this State, to any future process, except process for
effect asif summoning juries,wh1ch shall issue from and out of any court of record
ill-feed by in this State, directed to the Colonels of the said counties respectively,
shall, and is hereby declared to be as good and valid in law to all in-
tents, constructions and purposes, as if such return was made and
signed by all the coroners of the said counties respectively; but the act
or return of any one or more of the coroners, shall in no degree preju-
dice the rest.
GHAP. 19.
AN ACT concerning executors and administrators.
PASSED the 14th of February, 1787.
Executors Be it enacted by t/ze people of tbo State of New York, represented in
glgifshgg’e Senate and Assembly, and it is izereby enacted by t/ze ant/torily of tbe same,
account- That from henceforth executors shall have a writ of account, and the
same action and process in the same writ, as the testator might have
had if he had lived.
Actions of And be it fart/ter enacted by t/ze ant/zority aforesaid, That executors
igisggfis shall and may have an action for a trespass done to their testator, as of
against the goods and chattels of the same testator carried away in his life time,
§§§§ﬂ§§§§ against the trespassers, and recover their damages in like manner as the
$01161“, person whose executors they be, should have had, if he or she were in
estators . . - . - .
life-time. llfe. And where any testator or intestate, shall, in his life time, have
taken or carried away, or, converted to his or her use, the goods or
chattels of any person or persons, such person or persons, his, or her
executors or administrators, shall have and maintain the same action
against the executors or administrators of such testator or intestate, as
he, she or they might have had or maintained, against such testator or
intestate, and shall have the like remedy and process for the damages
recovered in such action, as are now had and allowed in other actions
against executors or administrators.
Actions And be it fart/cer enacted by the ant/zority aforesaid, That in actions
giggfftl‘ors_ against divers executors, all the same executors shall be considered as
one person, representing the person of the testator; and although the
sheriff answer at the summons, that some of them have nothing whereby
he, she or they may be summoned, yet there shall be an attachment
awarded upon him, her or them ; and if the sheriff answer, that he, she
or they have nothing whereby he, she or they may be attached, the
great distress shall be awarded, and he, she or they, that do ﬁrst appear
in the court, shall answer to the plaintiff; and in case judgment shall
pass for the plaintiff, he, or she shall have his or her judgment and exe-
cution, against him, her or them, that have appeared, according to the-
law heretofore used, and against all others named in the writ, of the
goods of the testator, as well as if they had all appeared. But it is to
be understood, that if any in such case will sue according to the law
that hath been antiently used, he, or she may freely do it, notwithstand‘
ing this statute.
CHAP. 19.] TENTH SESSION.
389‘
And be it fart/cor enacted by t/ze ant/zerity aforesaid, That executors of Executors
executors shall have actions of debt, account, and of goods carried away,
of the ﬁrst testator, and execution of judgments obtained by or recog-
nizances made to the ﬁrst testator, in any court of record, in the same
manner as the ﬁrst testator should have had, if he were in life, as well
of actions of the time past, as of the time to come: And that the same
executors of executors, shall answer to others, of as much as they have
recovered of the goods of the ﬁrst testator, as the ﬁrst executors should,
do if they were in full life.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That where any
person dieth intestate, the widow or next of kin, or any of them, of the
deceased person, if they or either of them will accept the same, and if
not, some other proper person or persons shall be deputed, to administer
the goods of the intestate, and that such administrators shall have actions
to demand and recover as executors, the debts due to the said person
intestate, and shall answer to others to whom the intestate was holden
and bound, in the same manner as executors shall answer, and shall be
accountable as executors be in case of testament, as well of the time
past as the time to come.
of execu-
tors, ac-
tions by.
Adminis-
tration, to
whom
granted;
action by
admi nis~
trator.
And be it fart/zer enacted by Me aat/zority aforesaid, That a writ of Writs of
idemptitate nominis shall and may be granted, and made good and
maintainable for the executors of every testator, and the administrators
of every person dying intestate, to the same effect, as the same action
of idemptitate nominis would have been maintainable for the testator,
or intestate, if such testator or intestate were in life, and were or might
have been molested or grieved because or by colour of any outlawry,
of any person having such and the like names as the same testator or
intestate had. 0
And for as much as it is sometimes practiced, to the defrauding of
creditors, that such persons as are to have the administration of the
goods of others dying intestate committed unto them, if they require it
will not accept the same, but suffer or procure the administration to be
granted to some other of mean estate from whom themselves, or others
by their means do take deeds of gifts and authorities by letters of
attorney, whereby they obtain the estate of the intestate into their
hands, and yet stand not subject to pay any debts owing by the same
intestate, and so the creditors for want of knowledge of the place of
habitation of the administrator cannot arrest or sue him or her; and
if they happen to ﬁnd him or her out, yet for want of ability in him, or
her to satisfy, of his or her own goods, the value of that he or she hath
conveyed away or wasted, ofthe intestates goods, or released of his or her
debts the creditors cannot have or recover their just debts. Therefore
be it fart/zer enacted by t/ze az/t/zority aforesaid, That every person and
persons who shall obtain, receive and have, any goods or debts of any
person dying intestate, or a release or other discharge of any debt or
duty that belonged to the intestate, upon any fraud as is aforesaid, or
without such valuable consideration as shall amount to the value of the
same goods or debts, or near thereabouts, (except it be in or towards
satisfaction of some just and principal debt, of the value of the same
goods or debts to him or her owing by the intestate, at the time of his
or her decease,) shall be charged and chargeable, as executor of his or
her own wrong, and so far only as all such goods and debts coming to
his or her hands, or whereof he or she is released or discharged by such
administrator, will satisfy; deducting nevertheless, to and for himself,
allowance of all just, due and principal debts upon good consideration,
without fraud owing to him or her, by the intestate, at the time of his
idempti- _
tate nomi—
111s.
Provisions
for pre—
venting
frauds on
estate of
person
dying
intestate.
390 LAWS OF NEW YORK. [CHAR 20.
or her decease, and of all other payments made by him or her, which
lawful executors or administrators, may, and ought to have and pay, by
the laws of this State.
Execution And he it further enacted hy the authority aforesaid, That where any
judgment hath been or shall be had, by or in the name of any executor,
or administrator, and every such case an administrator .de bonis non,
ism-at“, may sue forth a scire facias, and have and take execution upon such
judgment.
Executor-s, And he it further enacted hy the authority aforesaid, That all and every
gfiggégﬁn, the executors and administrators of any person or persons, who as
executor or ‘executors, eithercf right, or in his, her, or their own wrong,
name for or as administrator or administrators, hath or have wasted or converted,
Waste‘ or hereafter shall waste or convert, any goods, chattels, estate or assets
of any person deceased, to his her or their own use, shall be liable and
chargeable, in the same manner, as his, her or their testator or intestate
would have been, if living.
‘Acqtggrlilsg of And he it further enacted hy the authority aforesaid, That actions
against of account, shall and may be brought and maintained against the execu-
execuwl‘s- tors or administrators of every guardian, bailiff and receiver.
Inventory And he it furtherenacted hy the authority aforesaid, That the executor
g5 gitﬁffide and executors named by the testator, or person deceased, or such other
Egrgﬁﬁlr person or persons to whom administration hath ‘been, or shall be come
adminis- mitted, where any person hath died or shall die intestate, or by way of
trators’ intestate, calling or taking to him, her or them, such person or persons,
two at the least, to whom the said person so dying was indebted, or
made any legacy, and upon their refusal or absence, two other honest
persons, being next of kin to the person so dying, and in their default
or absence, two other honest persons, and in their presence and by their
discretion, shall make or cause to be made, a true and perfect inventory
of all the goods, chattels, wares and merchandize, as well moveable as
not moveable whatsoever, that were of the person so deceased and the
same shall cause to be indented; whereof the one part shall be, by the
said executor or executors, administrator or administrators, presented
and delivered to the judge of the court of probate, or to the surrogate
in whose ofﬁce the testament of such person so dying was proved, or
administration committed, upon the oath or oaths of such executor or
executors, administrator or administrators, to be taken before the said
judge or surrogate, that the same inventory is just and true; and the
other part of the same inventory, shall remain with the said executor or
executors, administrator or administrators.

CHAP. 20.
AN ACT for the better apprehending of felons.
PASSED the r4th of February, 1787.
£13m?- Be it enacted hy the People of the State of New Yorh, represented in
5.22;‘? of Senate and Assenzh/y, and it is herehy enacted hy the authority of the sauce,
PE‘bll" out‘ That when any murder, robbery burglary, burning of houses theft or
cry for. . ’ . D ’
other felony, shall be committed, cries thereof shall be solemnly made
immediately, in all the towns, markets and places of public resort, near
where the same felony shall be committed, so that no man, by ignorance,
may excuse himself; and that fresh pursuit after such robbers and fel-
CHAP. 22.] TENTH SESSION. 391
ons, shall be forthwith made, from town to town, and from county to
county, by horsemen and footmen, to apprehend and arrest the same
robbers and felons. And farZ/zer, that all men generally be ready, and Persons
armed and accoutred, at the commandment and summons of sheriffs, coroners, bailiffs, constables and marshall's, and at the cry of the coun- outcry
try, to pursue and arrest felons, whenever there shall be occasion, as
well within franchise as without; and they who will not do so, and be 1118"“-
thereof convicted, either in the supreme court, or before justices author-
ized or assigned to hear and determine, or before the justices of the
peace, at their general sessions, in or for the city or county where such
neglect shall happen, shall be punished by ﬁne, according to the discre-
tion of the justices of the same court. And if any sheriff, coroner, Penaltyfor
bailiff, constable or marshal, within any franchise, or without, for reward, 33%???“
or for prayer, or for fear, or for any manner of afﬁnity, or for any other sheriff or
cause, shall conceal or consent, or procure to be concealed, any felony 32361‘ Om‘
whatsoever; or will not attach or arrest such felons when he may, or
otherwise will not do his ofﬁce, for favour to such misdoers, or for any
other cause, and be thereof convicted, in any such court as aforesaid,
he and they and every of them, so offending, shall be punished by ﬁne
and imprisonment, according to the discretion of the justices of the
same court.
CHAP. 21.
AN ACT for the punishment of the vice of buggery.
Passer) the 14th of February, 1787.
Be it e/zaez‘ed ﬁy i/ze People of Me Sla/e of New York, represented in Bugger)‘.
Se/zaz‘e and Assemﬁly, and ii‘ is lzereﬁy e/zaeled, ﬁy l/ze aal/zoril‘y of Z/ze same, Bygggﬁle
That the detestable and abominable vice of buggery, committed with
mankind, or beast, shall be from henceforth adjudged felony; and such
order and form of process therein shall be used against the offenders, as
in cases of felony at the common law; and that every person being
thereof convicted, by verdict, confession, or outlawry, shall be hanged
by the neck, until he or she shall be dead.
CHAP. 22.
AN ACT concerning murder.
Passer) the 14th of February, 1787.
Be iz‘ enacted ﬁy Me People of tile Stale of New York, represented in Murderof
Serzaz‘e and Assemﬁly, and if is ﬁereﬁy enaez‘ed ﬁy l/ze aza‘ﬁorizfy of l/ze same, That all wilful killing by poisoning of any person or persons, done, per- ishabfe by
petrated or committed, or that at any time hereafter, shall be done, per- death‘
petrated or committed. shall be adjudged taken and deemed, wilful
murder of malice prepense : and the offenders therein, their aiders,
abettors, procurors and counsellors, shall suffer death, and forfeit in
every behalf, as in other cases of wilful murder of malice prepense.
A 12d ﬁe it further eizaez‘ed ﬁy z‘lze aat/zorz'z‘y aforesaid, That if any person Willful
or persons shall stab or thrust any person or persons, that hath not then murder‘
. gunishahle
any weapon drawn, or that hath not then ﬁrst stricken the party who ydea'h-
392
LAWS OF NEW YORK. [CHAR 22.
Persons
killed in
self-d e-
fense, etc.
Murder by
servant 01'
wife.
Killing of
person
attempting
to murder
or rob.
If killing
found to be
done in
self—de-
Tense, per-
son charg-
ed to be
acquitted.
If killing
found to
be done in
effort to
arrest per-
son killed
shall so stab or thrust, so as the person or persons so stabbed or thrust
shall thereof die, within the space of six months then next following,
although it cannot be proved that the same was done of malice afore-
thought, every such unlawful killing shall be adjudged taken and deemed
wilful murder. And the offenders therein, their aiders, abettors, pro-
curers and counsellors, shall suffer death, and forfeit in every behalf, as
in other cases of wilful murder of malice prepense : But this shall not
extend to any person or persons who shall kill any person or persons in
his, her or their own defence, or by misfortune, or in any other manner
then as aforesaid; nor to any person or persons who, in keeping and
preserving the peace, shall chance to kill any person or persons, so as
such killing be not done wittingly, willingly and of purpose, under pre-
text and colour of keeping the peace; nor to any person or persons,
who, in chastising or correcting his her or their child or servant, shall,
contrary to his her or their intent and purpose, chance to kill such child
or servant.
And be it fzcrt/zer enacted by ﬁre ant/torily aforesaid, That when a ser—
vant killeth his master, or a wife her husband of malice prepense, such
offences shall be deemed and adjudged to be, and shall be punished, as
murder.
And be it fnrt/zer enacted by Me antbority aforesaid, That if any evil
disposed person or persons, shall attempt feloniously to rob or murder
any person or persons, in or nigh any high-way, or in his or their man-
sion house or dwelling place, or shall feloniously attempt to break any
dwelling house in the night, and shall happen, in his or their being in
such their felonious attempt, to be slain by him, her or them, whom the
said evil doers shall so attempt to rob or murder, or by any person or
persons being in the dwelling house, which the same evil doers shall
attempt buglariously to break by night, then and in every such case, if
the person or persons so happening to kill any such person or persons
so attempting to commit any such murder, robbery or burglary, shall be
indicted or appealed, of or for the death of such evil disposed person or
persons, so attempting to commit murder, robbery or burglary as afore-
said, if it be found by verdict, that the party so indicted or appealed,
killed such evil disposed person or persons, in such felonious attempt,
the party so indicted or appealed, shall not forfeit or lose any thing for
the death of such evil disposed person, in manner aforesaid slain, but
shall be thereof and for the same, fully acquitted and discharged, in
like manner as the same person or persons should be, if he, she or they,
were lawfully acquitted of the death of the said evil disposed person or
persons.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That upon all
indictments and appeals of or for the death of any person or persons, if
it be found by verdict, that the party indicted or appealed killed the
person or persons for whose death he she or they is are or shall be
indicted or appealed, in his, her or their own defence, or by misfortune,
then and in every such case, the party so found by verdict, to have
killed the person or persons for whose death, he, she or they is are or
shall be indicted or appealed, in his, her or their own defence, or by
misfortune as aforesaid, shall not forfeit or lose any thing for the death
of the same person or persons so killed, but shall be thereof and for the
same, fully acquitted and discharged.
And be it fart/ter enacted by t/ze ant/‘torily aforesaid, That upon all
indictments and appeals, of or for the death of any person or persons,
if it be found by verdict, that the party indicted or appealed happened
to kill the person or persons, for whose death, he, she or they is, are or
CHAP. 23.] TENTH SESSION.
393
shall be indicted or appealed, in attempting or endeavouring by any
lawful ways or means, to apprehend, take or arrest the same person or
persons, for any treason or felony, done and committed, or hereafter to
be done and committed, or in the lawful defence, of his, her or their
husband, wife, parent, child, master, mistress or servant, or in suppres-
sing any riot, or in keeping and preserving the peace, or in lawfully
chastising or correcting, his, her or their child or servant, then and in
every such case, the party so found by verdict, to have killed the person
or persons, for whose death he, she or they is, are or shall be indicted
or appealed, shall not forfeit or lose any thing for the death of the same
person or persons so killed, but shall thereof and for the same, be fully
acquitted and discharged.
CHAP. 23.
AN ACT for preventing and punishing rapes, and the forcible
taking of women.
PASSED the 14th of February, 1787.
Be it enacted by t/ze Pee/ate of tbe State of New Yor/e represented in
Senate and Assembly and it is bereby enacted by t/ze azct/cority of tbe sanze,
That if any person shall unlawfully and carnally know and abuse, any
. woman child, under the age of ten years, every such unlawful and carnal
knowledge, shall be deemed and adjudged to be a rape, and felony; and
every offender, being thereof duly convicted or attainted, shall suffer
deathfor the same.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That if any per-
son shall by force ravish a married woman, or maid, or any other woman,
it shall be deemed and adjudged felony; and every offender being
thereof duly convicted or attainted, shall suffer death for the same.
And in all cases of rape, the offenders may be prosecuted and punished
at the suit of the people of this State, as well as by appeal at the suit
of the party.
And w/zereas women, as well maidens, as widows and wives, having
substance, some in goods moveable, and some in lands and tenements,
and some, being heirs apparent unto their ancestors for the lucre of such
substance, he sometimes taken by misdoers, contrary to their will, and
afterwards married to such misdoers, or to others, by their assent, or
deﬁled. For prevention whereof, Be it fzcrt/zer enacted by t/ze azct/zority
aforesaid, That if any person or persons, shall take any woman so
against her will, unlawfully, that is to say, maid, widow 0r wife, such
taking, and the‘procuring and abetting to the same, shall be felony; and
every offender, being thereof duly convicted or attainted, shall suffer
death for the same: And that such misdoers takers procurators and
abettors to the same in form aforesaid, shall be reputed and judged as
principal felons; but this clause of this act shall not extend to any per-
son taking any woman, only claiming her as his ward, or bond woman.
VOL. 2. ——50
for felony,
person
charged
to be
acquitted.
Carnal
knowledge
of female
child
under ten
years de—
clared
rape;
penalty.
Ravishing
of Worn an
by f orce
declared
rape;
penalty.
Unlawful
taking of
woman
punishable
by death.
394
LAWS or NEW YORK. [CHAR 25.
Court of
admiralty,
jurisdic-
tit) 11 Of.
Act not to
extend to
libels, etc.,
under cus-
toms act.
Preamble.
CHAP. 24.
AN ACT to prevent encroachments of the court of admiralty.
PASSED the 14th of February, 1787-
56 1'1‘ enacted h/v the Poof/e of the State of xvd'ZU Yorh, represented in
Senate and Assenzhly, and it is herehy enacted hy the authority of the same,
That the court of admiralty of this State shall not meddle or hold plea
of any thing done within this State, but only of things done upon the
sea, as it hath been formerly used; and further that of all manner of
contracts, pleas and quarrels, and of all other things done, arising within
the body of any county of this State, as well by land as by water, and
also of wreck of the sea, the court of admiralty shall have no manner of
cognizance, power nor jurisdiction; but all such manner of contracts,
pleas and quarrels, and all other things arising within the body of any
county, of this State, as well by land as by water as aforesaid, and also
wreck of the sea, shall be tried, determined, discussed and remedied,
by the laws of the land, and not before, nor in or by the court of admi-
ralty. Nevertheless of the death of any person and of maihem done in
ships or vessels being and hovering in the main stream of great rivers
out of the body of any county, or nigh to the sea, and in none other
places of the same rivers, the court of admiralty shall have cognizance.
And moreover that as touching a pain to be set on the judge of the court
of admiralty, this statute and the common law shall be holden against
him: and that any person who shall be aggrieved, against the form of
this statute, shall have his action by writ grounded upon the case, against
him that doth so pursue in the court of admiralty, and recover his
double damages against the pursuant, and the same pursuant shall‘ incur
the pain of ten pounds to the people of this State for the pursuit so
made, if he be convicted.
Provided always, that nothing in this act shall extend to any libel,
information or suit in the court of admiralty, for or concerning the for-
feiture of any goods, wares or merchandize, seized or to be seized, by
virtue of an act intitled “An act imposing duties on certain goods, wares
and merchandize, imported into this State.
GHAP. 25.
AN ACT for the relief of Arthur Noble, and others.
PASSED the 15th of February, 1787.
WHEREAS it is represented to the legislature, that Arthur Noble hath
been at great expence, in order to obtain lands in this State, for the
settlement of one hundred families ; but by unavoidable accidents,
hath been hitherto frustrated in his intentions. And whereas the intro-
duction and actual settlement of a number of industrious families on
the fronties* of this State, would be for the general advantage thereof.
Be it enacted hy the People of the State of New Y or/e, represented in
Senate and Assenzhly, and it is herehy enacted hy the authority of the same,
That it shall and may be lawful for the commissioners of the land ofﬁce,
to grant to the said Arthur Noble, a quantity of land equal to one

Commis-
sioners of
land ofﬁce
to grant
certain
lands to
* So in original.
CHAP. 26.] TENTH SESSION. 395
township of ten miles, or two townships of eight miles square, of the ﬁrtéllur
waste and unappropriated lands in any part of this State, on such terms 0 e‘
and conditions, as to them shall appear most conducive to the interest
thereof, on his, the said Arthur Noble’s paying into the treasury of this
State, at and after the rate of one shilling per acre, in certiﬁcates made
receivable by law in the treasury, on the sale of unappropriated land.
Arid w/zereas joshua Mersereau by his petition hath represented, that gal-Sig
he lately purchased at public vendue several parcels of waste and un- Mersereau.
appropriated lands, and that by unavoidable accidents he was prevented
from making payment for the same, within the time limited by law.
Therefore, ﬁe it fart/zer erzaeted ﬁy t/ze aat/zority aforesaid, That it shall
be lawful for the commissioners of the land ofﬁce, to grant letters patent
to the said joshua Mersereau, for the lands so by him purchased, upon
his paying for the same in such manner, and within such time, as the
said commissioners shall direct.
Arid av/zereas Sluman Wattles, has by his petition to the legislature Itl.,to
set forth, that he was intitled to lands upon an equitable claim, and thro’ ignorance of the act, entitled “An act for the speedy sale of the
unappropriated lands within this State, and for other purposes therein
mentioned,” passed the ﬁfth day of May, one thousand seven hundred
and eighty six, be neglected to pay for the said lands, within the time
limited by the said act. Therefore, ﬁe it fart/zer e/zaeted ﬁy t/ze aat/iority
aforesaid, That it shall and may be lawful for the commissioners of the
land ofﬁce, to grant letters patent to the said Sluman Wattles, for so
much land, as it shall appear to the said commissioners he has a just
and equitable claim to, on his paying into the treasury, one shilling per
acre for the said lands, in such certiﬁcates as are made receivable by
the said act, and within such time, as the said commissioners shall
direct.

CHAP. 26.
AN ACT for preventing of vexations and oppressions by arrest.
PAssEn the 16th of February, 1787.
Be it enaeted ﬁy t/ze People of t/ze State of New York, represented in Sheriffs
Senate and Assemﬁly, and it is lzereﬁy e/zaeted ﬁy t/ze aat/iority of t/ze same, gtfglcgllgig
That all and every sheriff, under sheriff, coroner, gaoler and other ofﬁcer, let all per-
shall let out of prison all manner of {persons by them or any of them Z‘gngﬁrc'ﬁi'i'
arrested, or to be arrested, or being in their custody by force of any ge‘lﬁcessm
writ, bill or warrant, in any personal action, or by reason of any indict- '
ment for trespass, upon reasonable sureties, of sufﬁcient persons having
sufﬁcient within the counties where such persons be so let to bail or
mainprize, to keep their days, in such place as the said writs, bills or
warrants shall require, (except such person or persons as be or shall be
in their ward, by condemnation, execution, capias utlagatum, surety of
the peace, and all such persons as be or shall be committed to ward, by
special commandment of any court or justices) and that no sheriff, or
any of the ofﬁcers or ministers aforesaid, shall take or cause to be taken,
or make any obligation, for any cause aforesaid, or by colour of their
ofﬁce, of any person, or by any person who shall be in their ward by
course of law, but only to themselves, and by the name of their ofﬁce,
and upon condition written, that the said prisoners shall appear at the
LAWS OF NEW YORK. [CHAR 26.
Persons
arrested,
exceptin
instances
recited,
not re-
quired to
give bail
in a sum
exceeding
forty
pounds.
Appear-
ance of
erson
ailed
Works a
discharge
of bail.
. When
non-suit
may be
entered
against
plaintiff.
day contained in the said writ, bill or warrant,-and in such places as
the said writs, bills or warrants shall require; and if any of the said
sheriffs, ofﬁcers or ministers aforesaid, take any obligation in other form,
by colour of their ofﬁces, it shall be void. And fnrt/zer, that if any
sheriff or other ofﬁcer, or minister aforesaid, return upon any person
that he hath taken the body, or that such person hath surrendered him-
self, such sheriff or other ofﬁcer or minister aforesaid, shall be charge-
able to have the body of such person at the days of the returns of the
said writs, bills or warrants, in such form as they were before the mak-
ing of this act.
And be it fart/cer enacted by t/ze ant/torily aforesaid, That no person or
persons who shall happen to be arrested by any sheriff, under sheriff,
coroner, minister or other ofﬁcer, or any other person or persons whom-
soever having or pretending to have authority or warrant in that behalf,
by force or colour of any writ, bill or process, issued or to be issued out
of the supreme court (except writs of capias utlagatun, attachments upon
rescous, attachments upon contempt, and attachments of priviledge at
the suit of any priviledged person,) in which said writ, bill or process,
the certainty and true cause of action is not expressed particularly, and
for which the defendant or defendants in such writ, bill or process
named, is and are, or shall be bailable by such sheriff, under sheriff,
coroner, minister and other ofﬁcer as aforesaid, shall be forced or com-
pelled to give security, or to enter into bond with sureties for the
appearance of such person or persons so arrested, at the clay and place
in the said writ, bill or process speciﬁed or contained, in any penalty or
sum exceeding the sum of forty pounds lawful money of this State, to
be conditioned for such appearance. And that all sheriffs and other
ofﬁcers and ministers aforesaid, shall let to bail and deliver out of prison,
and from their and every of their custodies respectively, all and every
person and persons whomsoever, by them or any of them arrested, upon
any such writ, bill or process, wherein the certainty and true cause of
action is not particularly expressed, (except as before excepted) upon
security, in the sum of forty pounds, and no more, given for the appear-
ance of such person or persons so arrested, unto the said sheriff or other
ofﬁcer aforesaid, in manner and form aforesaid, or upon such person or
persons so arrested, indorsing his, her or their appearance upon such
writ, bill or process. Andfnrt/zer, that where such appearance shall be
in dorsed upon any such writ, bill or process, the clerk of the said supreme
court shall at the return of the same writ, bill or process, enter the appear-
ance of such person or persons so indorsed; and where such person or
persons so arrested shall give bond in the sum of forty pounds, for his,
her or their appearance as aforesaid, and shall either in person or by any
attorney of the same court, cause his, her or their appearance unto the
same writ, bill or process, to be entered with the clerk of the same court,
in the term wherein the same writ, bill or process shall be returnable,
such bond or bonds so given for appearance, shall be, and hereby are
declared to be thereby satisﬁed and discharged; and after such appear-
ance so entered, no amerciaments shall be set or estreated upon or
against any sheriff, or other ofﬁcer aforesaid, or any other person or
persons, concerning the want of such appearance.
the plaintiff or plaintiffs in any such writ, bill or process named, shall
put into the same court, his, her, or their bill or declaration, against the
person or persons so arrested, in some personal action, or ejectment of
lands or tenements, before the end of the term next following after
appearance, that then a non suit for want of a declaration may be
entered against the said plaintiff or plaintiffs; and that every defend-
And nzoreooer, unless _
CHAP. 26.] TENTH SESSION. _ 397
ant, in every such writ, bill or process named, shall or may have judg—
ment to recover costs against such plaintiff or plaintiffs, to be assessed,
taxed and levied, in like manner as costs awarded to defendants in cases
of verdicts or judgments for them, are to be assessed, taxed and levied.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That where on any Appear-
process issued, or to be issued out of any mayors court, or court of “0.83188
common pleas within this State, special bail is not required, and the iibaiiiits and
defendant or defendants shall indorse, his, her or their appearance upon 383E005
the same process, the clerk of the same court, shall, at the return of the pleas-
same process, enter the appearance of such defendant or defendants so in-
dorsed, which shall be a sufﬁcient appearance of such defendant or
defendants, to enable the plaintiff or plaintiffs to proceed to judgment
and execution, in his, her or their suit or action.
And be it fart/ter enacted by tile aat/zority aforesaid, That if any sheriff, Sheriff not
under sheriff, coroner or other ofﬁcer, or minister whatsoever, shall at giggggfro
any time or times hereafter, have in his or their custody, any person or ﬁns’ publiﬁ
persons by virtue of or colour of any writ, process or other warrant 0328523,;
whatsoever, it shall not be lawful for such officer or ofﬁcers, to convey géftc‘ifgr
or carry or cause to be conveyed or carried the said person or persons enfo'ree
to any tavern, ale house, or other publick victualing or drinking house, 325,555,
without the free and voluntary consent of the said person or persons, fees-
so as to charge such prisoner with any sum of money, for any wine,
beer, ale, cyder, punch, victuals, tobacco, or any other thing whatsoever,
but what the said person or persons shall call for, of his, her or their
own accord; and such ofﬁcer or ofﬁcers shall not demand, take or
receive, or cause to be demanded, taken or received, directly or indi-
rectly, any other or greater sum or sums, than what by law ought to be
taken or demanded for such arrest, taking or waiting, until such person
or persons shall have procured an appearance, found bail, agreed with
his, her or their adversaries, or be sent to the proper gaol belonging to
the county, city town or place, where such arrest or taking shall be, nor
take or exact any other award or gratuity for so keeping the said person
or persons out of the gaol or prison, than what he, she or they shall or
will, of his, her or their own accord, voluntarily and freely give; nor take
nor receive, any other or greater sum or sums for each nights lodging,
or other expences than what is reasonable and ﬁtting in such cases, or
shall be so adjudged by the next justice of the peace, or at the general
sessions; and shall not cause or procure the said person or persons to
pay for any other wine, beer, ale, cyder, punch, victuals, tobacco, or
other things, than what the said person or persons shall voluntarily, par-
ticularly, and freely call for. And fart/ter, that every sheriff, under Sheriffs to
sheriff, gaoler, keeper of prison or gaol, and every person and persons 3232??‘
whomsoever, to whose custody any person or persons shall be delivered Send f0!‘
or committed, by virtue of any writ, or process, or on any pretence $83,883?
whatsoever, shall permit and suffer the said person or persons, at his,
her and their will and pleasure, to send for and have any beer, ale,
victuals, and other necessary food, where and from whom they please;
and also to have and use such bedding, linen and other things, as the
said person or persons shall think ﬁt, without any purloining, detaining,
or paying for the same, or any part thereof; and shall not demand, take
or receive, of the said person or persons, any other or greater fee or fees
whatsoever, ,for his, her or their commitment, release or discharge, than
what is or shall be allowable by law, nor any thing whatsoever, for his, _ '
her or their chamber rent. And moreover, that it shall not be lawful for $7,151]?
any sheriff, goaler, or keeper of any gaol or prison, to put, keep or lodge Prisoners
. - to be he t
prisoners for debt, and felons, together in one room or chamber, but that Separate?
398
LAWS OF NEW YORK. [CHAR 26.
Penalty for
sheriffs
Offending
aaainst
this act.
Penalty for
sheriff's
apprehend-
ing a per-
son by
false or
forged
writs or
process.
Malicious
and vexa-
tious
arrests,
penalty
for.
they shall be put, kept and lodged, seperate and apart, one from another,
in distinct rooms.
And he it further enacted hy the authority aforesaid, That all and every
sheriff, under sheriff, coroner, gaoler, and other ofﬁcer or minister afore-
said, who shall offend against any thing in this act herein before con-
tained, or the true intent and meaning thereof, or any part thereof, shall
forfeit and lose his ofﬁce, place or employment; and shall forfeit treble
damages to the party grieved, to be recovered by action of debt, bill,
plaint or information, in any court of record, with costs of suit.
And he it further enacted hy the authority aforesaid, That if any sheriff,
under sheriff, coroner or other person, having authority, or taking upon
him to open writs, shall make any warrants for the summons of any per-
son, as upon any writ, process or suit, or for the arrest or attaching of
any person or person, by his, her or their body or goods, to appear in
any court of record, (not having before that time the original writ or
process warranting the same) that then upon complaint thereof made to
the justice or justices, who shall hold the circuit court in the county
where the offence shall be committed, or to the judges or justices of the
court out of which the process issued, not only the party who made such
warrant, but all those who were the procurers thereof, shall be sent for
before the same judges or justices, by attachment or otherwise, as the
same judges or justices shall think ﬁt, and be examined thereof upon
oath; and if the same offence be confessed by the same offenders, or
proved by sufﬁcient witnesses, to the satisfaction of the same judges or
justices, that then the same judges or justices who shall so examine the
same, shall forthwith by force of this act, commit every of the same
offenders, to the gaol of the county or court where the same shall be
examined, there to remain without bail or mainprise, until such time as
they, amongst them, have fully satisﬁed and paid unto the party grieved
by such warrant, not only the sum of ten pounds lawful money of this
State, but also all such costs and damages as the same judges or justices
shall set down, that the same party hath sustained thereby, and likewise
twenty pounds each, for their offence against the people of this State.
And he itfurther enacted hy the authority aforesaid, That if any person
or persons shall by any ways or means, maliciously, or for vexation and
trouble, cause or procure any other person or persons to be arrested, or
attached to answer in any court of record, or in any other court or place,
at the suit, or in the name of any person or persons, where indeed there
is no such person or persons known, or Without the assent, consent or
agreement, of such person or persons, at whose suit or in whose name
such arrest or attachment is, or shall be so had and procured, that then
and in such case, every such person and persons, who shall so cause or
procure any such arrest or attachment, of any other person or persons,
to be had or made, for vexation or trouble as aforesaid, shall for every
such offence forfeit and pay to the party or parties, so arrested or
attached, by his, her or their means or procurement, treble the costs,
charges, damages and expences, that he, she or they, so arrested or
attached, shall be put unto, by reason or occasion of such arrest or
attachment, so had, to be recovered by action of debt, bill, plaint or
information, in any court of record, with costs of suit; and shall also
forfeit and pay unto such person or persons in whose name, and at
whose suit, such arrest or attachment shall be had or made, if then there
shall be any such person known, the sum of twenty pounds for every
such offence, to be recovered as aforesaid; and shall also, upon con-
viction thereof, have and suffer imprisonment, by the space of six cal-
enda. months, without bail or mainprise.
CHAP. 27.] TENTH SESSION.
099
0
CHAP. 27.
AN ACT for the more easy pleading in certain suits.
PASSED the 16th of February, 1787.
Be it enaeted ﬁy the People of the State of New York, represented in
Senate and Asse/nﬁly, and it is lzereﬁy enaeted ﬁy the authority of the same,
That if any action, bill, plaint, or suit upon the case, trespass, battery
or false imprisonment, is brought, or hereafter shall be brought, against
any sheriff, coroner, justice of the peace, mayor, recorder or aldermen,
bailiff, constable, marshall, collector or overseer of the Poor, and their
deputies or any of them, or any other person, who in their aid or assist-
ance, or by commandment, have done, or shall do anything touching
or concerning his or their ofﬁce or ofﬁces for or concerning any matter,
cause or thing, by them or any of them done, by virtue or reason of
their or any of their ofﬁce or ofﬁces, that the said action, bill, plaint or
suit, shall be laid within the county where the trespass or fact hath been
or shall be done and committed, and not elsewhere ; and that it shall
be lawful to and for all and every person and persons aforesaid, to plead
thereunto the general issue, that he or they are not guilty, and to give
such special matter in evidence to the jury which shall try the same,
which special matter, being pleaded, had been a good and sufﬁcient
matter in law, to have discharged the said defendant or defendants of
the trespass, or other matter laid to his or their charge; and that if
upon the trial of any such action, bill, plaint or suit, the plaintiff or
plaintiffs therein, shall not prove to the jury which shall try the same,
that the trespass, battery, imprisonment, or other fact or cause of his,
her or their such action, bill, plaint or suit, was or were had, made,
committed or done within the county, wherein such action, bill, plaint
or suit, is or shall be laid, that then and in every such case, the jury
which shall try the same, shall ﬁnd the defendant and defendants in
every such action, bill, plaint or suit, not guilty, without having any
regard or respect to any evidence given by the plaintiff or plaintiffs
therein, touching the trespass, battery, imprisonment or other cause, for
which the same action, bill, plaint or suit, is or shall be brought: And
if the verdict shall pass with the defendant or defendants in any such
action, bill, plaint or suit, or the plaintiff or plaintiffs therein become
non suit, or suffer any discontinuance thereof, that in every such case
the justices or justice, or other judges or judge, before whom the said
matter shall be tried, shall by force and virtue of this act, allow unto
the defendant or defendants, his, or their double costs, which he or
they shall have sustained by reason of his or their wrongful vexation,
in defence of the said action, bill, plaint or suit, for which the said
defendant or defendants shall have like remedy as in other cases, where
costs by the laws of this State, are given to defendants.
And ﬁe it fnrt/zer enaeted ﬁy t/ze aat/zority aforesaid, That if any action
of trespass, or other action or suit, shall be brought against any person
or persons, for taking of any distress, making any sale, or any thing
done by authority of any statute of this State, made or hereafter to be
made, the defendant or defendants in any such action or suit, shall and
may either plead not guilty, or otherwise make avowry, cognizance or
justiﬁcation, for the taking of the said distress or distresses, making of
sale, or other thing done, or to be done by virtue of such statute,
alledging in such avowry, cognizance or justiﬁcation, that the said dis-
Pleadings
in actions
against
public
fﬁcers
Pleadings
in actions
brought
for acts
done by
authority
of any
statute.
\
400 LAWS OF NEW YORK. [CHAR 28.
tress, sale, trespass or other thing, whereof the plaintiff or plaintiffs com-
plain, was done by authority of such statute, and according to the tenor,
purport and effect thereof, without any expressing or rehearsal of any
other matter or circumstance contained in such statute ; to which
avowry, cognizance or justiﬁcation, the plaintiff or plaintiffs shall be
‘ admitted to reply, that the defendant or defendants did take the said
distress, make the said sale, or did any other act or trespass, supposed
in his or their declaration, of his, or their own wrong, without any such
cause alledged by the said defendant. Whereupon the issue in every
such action shall be joined to be tried by a jury, and not otherwise, as
is accustomed in other personal actions; and upon the trial of that
issue, the whole matter shall or may be given in evidence by both par-
ties, according to the very truth of the same; and after such issue tried
for the defendant or defendants, or non suit of the plaintiff or plaintiffs,
after appearance, the same defendant or defendants shall recover treble
damages, by reason of his or their wrongful vexation .n that behalf,
with his or their costs also in that behalf sustained, which damages shall
be assessed by the same jury which shall try the issue, or upon a writ
to inquire of the damages, as the case may require.
Headings And be it fart/cer enacted by t/ze ant/cority aforesaid, That in all actions
if; and suits, to be taken or pursued in any court in this State, for the
322E338? recovery of any debt or debts, which now be, or that hereafter shall
the State, happen to appertain, accrue, remain, or be, to the people of the State
ew' J of New York, by reason of any attainder, outlawry, forfeiture, gift of
the party, or by any other collateral way or means, it shall and may be
sufﬁcient in the law, to shew and alledge, in the said suit, generally,
that the party to whom the said debt or debts, was or were owing, or
did belong, such a day and year, did give the same debt or debts to the
people of the State of New York, or was attainted, outlawed, or did
commit or do some offence, forfeiture, deed, act or thing, by reason
whereof the said debt or debts did accrue, and ought to remain, come
and be to the people of the State of New York; and that the same
matter so to be shewed, alledged or declared, generally, without shewing
or declaring the circumstances thereof, shall be of as good force and
effect in the law, to all intents, constructions and purposes, as if the
whole matter thereof had been or were alledged and declared at large,
in every point, according to the due order of the common laW.
CHAP. 28.
AN ACT concerning wrecks of the sea, and giving remedy to
merchants and others who be robbed, or whose goods shall be
lost on the sea.
PASSED the 16th of February, 1787.
Be it enacted by ﬁle People of t/ze State of New York, represented in
upon land Senate ana Assembly, and it is bereby enacted by t/ze ant/zority of tile same,
£333,221? That if a ship, vessel or boat, or any kind of goods, wares or merchan—
giilfillined dize, shall be cast by the sea on the land, neither such ship, vessel or
time s eci- boat, nor any thing 1n them, nor such goods, wares or merchandize, shall
gigégeg‘st’ be adjudged Wreck; but the ship, vessel or boat, and every thing therein
totbesizaiisd contained, and such goods, wares and merchandize, shall be saved and
Eegsutyf’ kept by the view of the sheriff or coroner, or other person appointed for
CHAP. 28.] TENTH SESSION.
401
that purpose, who shall cause the same to be appraised, and safely keep
them, so that if any person within a year and a day sue for those goods,
and prove that they were his, or lost in his keeping, they shall be restored
to him, without delay, upon his paying the charges and expences of sav-
ing and keeping the said goods; but if not, they shall remain to the
people of this State, and shall after. the expiration of the said year and
day, be sold at public vendue, by the sheriff, coroner, or other person
appointed for that purpose, who shall have found or seized the same,
who shall account for the same at the exchequer, deducting the charges
and expences of saving and keeping the same, and of such sale: And
he that doth otherwise, and is thereof convicted, shall yield damages to
the party grieved, and shall be punished by ﬁne or imprisonment, or
both, at the discretion of the court, or justices, before whom he shall be
convicted.
Andfnrt/zer, that if any merchant, citizen or stranger, or any other,
be robbed of his goods upon the sea, and the goods come into any part
of this State, and he will sue to recover the said goods, he shall be
received to prove the said goods to be his own, by his marks, or by his
cocket, or by good and lawful merchants, citizens or strangers, or others;
and upon such proof, the same goods shall be delivered to him without
delay.
And be it fart/ter enacted by t/ze azct/zority aforesaid, That it shall and
may be lawful for the person administering the government of this State,
for the time being, by and with the advice and consent of the council of
appointment, from time to time, by commission under the great seal of
this State, to appoint such and so many proper persons in each of the
counties of this State, bordering on the sea, as ‘they may think necessary,
to aid and assist all such ships and vessels as may happen to be stranded
on the coasts in the same counties; and such persons so appointed, shall
be and hereby are respectively authorized and required to give all pos-
sible aid and assistance to all such ships and vessels, and to the people
on board of the same, and to use their utmost endeavours to save the
same, and to save, preserve and secure for the purposes aforesaid, the
cargoes of all such ships and vessels, and all goods and chattles whatso-
ever, which may at any time be cast by the sea upon the land; and to
employ such and so many men for the purpose, as they may respectively
think proper: And the sheriff, coroner, or other person so appointed
as aforesaid, and all persons by them employed, shall have a reasonable
allowance out of the same goods, so saved and preserved, for saving,
preserving and keeping the same. And such sheriff, coroner, or other
person so appointed as aforesaid, shall and may detain the same goods,
until payment thereof; and in case any dispute shall arise concerning
such allowance, the same shall be settled and adjusted by any two or
more justices of the peace, dwelling in or near the town or place, where
the said goods shall be found or saved. And if any person shall take
away any goods whatsoever, out of any ship or vessel stranded as afore-
said, or any goods cast by the sea upon the land, or found in any bay or
creek, and not deliver the same goods to the sheriff, or coroner of the
county where the same shall be found, or to one of the persons appointed
as aforesaid, within forty eight hours after taking the same, or shall secret
any such goods, or convert them to his own use, every person so offend-
ing shall yield double damages to the owner of such goods, to be
recovered, with costs of suit, in any court having cognizance thereof,
and be further punished by ﬁne or imprisonment, or other corporal pun-
ishment, at the discretion of the court, not extending to life or limb.
And it is hereby made the duty of every sheriff, coroner, justice of the
VOL. 2. —— 51
Goods
stolen at
sea and
brought
into State
may be
recovered
by owner.
Governor
to appoint
persons in
counties
bordering
on the sea
to assist
stranded
vessels and
to have
custody of
goods
cast up.
LAWS or NEW YORK. [cHAR 29'.
peace and constable, and the person so appointed as aforesaid, to pre-
Treason
deﬁned.
Misprison
of treason.
Trials to
be by due
course of
common
law.
Rights of
prisoner on
trial for
treason.
sent all offences and offenders against this act, at the sessions of the
peace in their respective counties; and the justices of the peace in their
sessions, are hereby authorized and required, to hear and determine the
same. ‘
CHAP. 29.
AN ACT declaring what offences shall be adjudged treason, and
regulating trials in cases of treason, and misprision of treason.
PASSED the 16th of February, 1787.
Be it enacted hy the People of the State of New Yer/e, represented in
Senate and Assenzhty, and it is herehy enacted hy the authority of the same,
That if any person do levy war against the people of this State, within
this State, or be adherent to the enemies of the people of this State, or
of the United States of America, within this State, giving to them aid
and comfort in this State, or elsewhere, and be thereof, by good proof,
attainted of open deed, such offences, and none other, shall be adjudged
treason against the people of the State of New York.
And he it further enacted hy the authority aforesaid, That concealment,
or keeping secret any treason, shall be from henceforth adjudged, deemed
and taken to be, misprision of treason, and the offender therein, shall
forfeit and suffer as in cases of misprision of treason.
And he it further enacted hy the authority aforesaid, That all trials to
be had, awarded or made, for any treason or misprision of treason, shall
be had and used only according to the due order and course of the com-
mon law and this act, and not otherwise.
And he itfurther enacted hy the authority aforesaid, That all and every
person and persons whomsoever, that shall be accused and indicted for
treason, or misprision of treason, shall have a true copy of the whole
indictment, with a list of the witnesses to be produced on the trial for
proving the said indictment, mentioning their names, profession and place
of abode, delivered unto him or them so indicted, ﬁve days at the least
before he, she or they, shall be tried for the same, whereby to enable
him, her or them, to advise with counsel thereupon, to plead and make
their defence, (his her or their attorney or attornies, or agent or agents
requiring the same;) and that every person accused and indicted,
arraigned or tried for any treason or misprision of treason, shall be
received and admitted to make his, her or their full defence by counsel,
and to make any proof that he, she or they can produce by lawful wit-
ness or witnesses, who shall then be upon oath, for his, her and their
just defence in that behalf. And in case any person or persons so
accused or indicted shall desire counsel, the court, before whom such
person or persons shall be tried, or some judge of that court, shall and
is hereby authorized and required, immediately upon his, her or their
request, to assign to such person or persons, such and so many counsel,
not exceeding two, as the same person or persons shall desire, to whom
such counsel shall have free access at all reasonable hours : And that
all and every person and persons who shall be accused, indicted and
tried for any treason or misprison of treason, shall have copies of the
panel, containing the names, places of abode and additions of the jurors
who are to try him, her or them, duly returned by the sheriff, and
CHAP. 29.] TENTH SESSION. 403
delivered unto him, her or them, and every of them so accused and
indicted respectively, four days at least before he, she or they shall be
tried for the same. And that all persons so accused and indicted for
any treason or misprison of treason, shall have the like process of the
court, where they shall be tried, to compel their witnesses to appear for
them at such trial or trials, as is usually granted to compel witnesses to
appear against them. '
And ﬁe it further enaeted ﬁy the authority aforesaid, That no person or Testimony
h 1 r shall b indicted tried r ttaint d of treason or of “WW1”
persons w on soeve , e , o a e , messes re-
of misprison of such treason, but by and upon the oath and testimony quirfzdtwf
of two lawful witnesses, either both of them to the same overt act, or
one of them to one, and the other of them to another overt act, of the
same treason ; unless the party indicted and arraigned, or tried, shall
willingly, without violence, in open court, confess the same, or in case
of treason, shall peremptorily challenge above the number of thirty ﬁve
of the jury: And if two or more distinct treasons of divers heads or
kinds shall be alledged in one bill of indictment, one witness produced
to prove one of the said treasons, and another witness to prove another
of the said treasons, shall not be deemed or taken to be two witnesses
to the same treason, within the meaning of this act. Andfart/ier, that
no evidence shall be admitted or given of any overt act, that is not
expressly laid in the indictment, against any person or persons whom-
soever. _
And ﬁe it fnrt/zer enaeted ﬁy t/ze ant/eerily aforesaid, That all offences Extra ter-
by this act declared to be treason, which shall be committed, perpetrated or done upon the land, out of this State, or upon the sea, shall and may tifmjn
. . . . . cases of
be 1nqu1red of, heard and determined, in the supreme court of this State, treason.
by good and lawful men of the same county, where the said court shall
sit, in like manner and form, to all intents and purposes. as if the said
treason had been committed, perpetrated and done, within the same
county.
And ﬁe it fart/zer e/zaeted ﬁy t/ie ant/zozv'izji aforesaid, That any person Outlawry
or persons, being indicted for any treason or misprison of treason, may for treason
be outlawed, and thereby attainted of or for any of the said offences:
And that all process of outlawry to be had and made within this State,
against any such offenders, being resident or inhabiting out of the limits
of this State, or in parts beyond sea, at the time of the outlawry pro-
nounced against them, shall be as good and effectual in the law to all
intents and purposes, as if such offenders had been resident and dwell—
ing within this State, at the time of such process awarded, and outlawry
pronounced: I But if the party so outlawed, being out of this State as
aforesaid, shall within one year next after the said outlawry pronounced,
or judgment given upon the said outlawry, yield or surrender himself
to either of the justices of the said supreme court for the time being,
and offer to traverse the indictment, whereupon the said outlawry shall
be pronounced as aforesaid, that then, he shall be received to the said
traverse, and if he shall be thereupon found not guilty by the verdict of
a jury, he shall clearly be acquitted and discharged of the said outlawry,
and of the penalties and forfeitures by reason of the same , and upon
the trial of such traverse, the defendant shall in all respects have the
beneﬁt of this act.
And ﬁe it fart/zer enaeted ﬁy t/ze aatlzority aforesaid, That no person Prosecut;
tion to e
i or persons whomsoever, shall be indicted, tried or prosecuted, for any com
treason or misprison of treason, that hath been, or shall be committed mggced
or done, unless the same indictment be found by a grand jury, within ‘gm-glee
three years next after the treason or offence done or committed.
404
LAWS OF NEW YORK. [CHAP. 30
Technical
errors in
indict—
ments for
treason.
Forfeiture
of lands
and prop-
erty of
person
convicted.
Appeals of
felony,
how tried.
Appeal of
Woman for
death of
husband.
Appeals
for rape.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That no indict-
ment for any of the offences aforesaid, nor any process or return there-
upon, shall Ebe quashed, on the motion of the prisoner, or his or her
counsel, for mis-writing or mispelling, unless exception concerning the
same, be taken and made in the court where such trial shall be, by the
prisoner, or his, or her counsel, before any evidence given, in open court
upon such indictment; nor shall any such mis—writing or mispelling,
after conviction on such indictment, be any cause to stay or arrest judg-
thereupon; but nevertheless, any judgment given upon such indictment,
shall and may be liable to be reversed upon a writ of error, in the same
manner, and in no other, than as if this act had not been made.
And be it fart/cer enacted by t/ze aztt/iority aforesaid, That every offender
or offenders, being hereafter lawfully convicted of any manner of trea-
son, by presentment, confession, verdict or process of outlawry, accord-
ing to the due course and custom of the laws of this State, shall lose
and forfeit to the people of this State, all such lands, tenements and
hereditaments, which any such offender or offenders shall have, of any
estate of inheritance in his own right, in use or possession, by any right,
title or means, within this State, at the time of any such treason com-
mitted, or at any time after; and also all his, her and their goods and
chattles, saving to every person and persons, their heirs and successors,
other than the offenders and their heirs, and such person and persons
as claim to any their uses, all such rights, titles, interests, possessions,
leases, rents, reversions, ofﬁces and other proﬁts, which they or any of
them shall have at the day of committing such treasons, or at any time
before, in as large and ample manner, as if this act had never been
made.
CHAP. 30.
AN ACT concerning appeals of felony.
PASSED the 16th of February, 1787.
Be it enacted by t/ze People of Me State of New York, represented in
Senate and Assembly, and it is lzereby enacted by t/ze ant/zority of t/ze sanze,
That all appeals of things done within this State, shall be tried and
determined according to the laws of this State, and that no appeals‘
shall be made, or in any wise pursued, before either house of the legis-
lature. is
And be it fart/ter enacted by t/ze azctkority aforesaid, That no person
shall be taken or imprisoned, upon the appeal of awoman, for the death
of any other, than of her husband.
And be it fart/zer enacted by t/ze ant/torily aforesaid, That if any mar-
ried woman, or maid, or any other woman, shall be ravished, and doth
not consent to the ravisher, neither before nor after the rape committed,
such woman so ravished, may sue and prosecute against such offenders,
by appeal, and pursue the same to judgment and execution. But if
such woman after the rape committed, consent to the ravisher, she shall
be thereby barred of her appeal. And fart/ter, that wheresoever, and
whensoever, any woman shall be ravished, and after such rape, do con-
sent to such ravisher, the husband of such woman, if she have a hus-
band, or if she have no husband in life, then her father, or other next
of her blood, shall from henceforth have the suit, to pursue, and may
sue by appeal, against the same offenders and ravishers, in this behalf,
CHAP. 31.] TENTH SESSION.
0
to have them thereof convicted, and pursue the same to judgment and
execution, altho’ the same woman after such rape, do consent to the
ravisher.
And be it fart/ter enacted by Me azct/tority aforesaid, That in all
appeals of murder, if the appellant declare the deed, the year, the day,
the hour, and the town or place, where the deed was done, and with
what weapon the person killed was slain, the appeal shall stand good in
effect, and no such appeal shall be abated for default of fresh suit, if
the party shall sue within the year and the day, after the deed done.
And be it fart/ter enacted by t/ze aat/iority aforesaid, That if any person
be slain or murdered, and therefore the slayers, murderors, abettors,
maintainers and comforters of the same, be indicted, that the same slay-
ers and murderers, and all other accessories of the same, shall be
arraigned and determined of the same felony and murder, at any time,
at the suit of the people of this State, within the year after the same
felony and murder done, and not tarry the year and day, for any appeal
to be taken for the same felony or murder. And if any person named
as principal, or accessary, shall be acquitted of any such murder or
felony, at the suit of the people of this State, within the year and day,
that then the same justices before whom such person shall be acquitted,
shall not suffer him to go at large, but shall either remit him again to
prison or else let him to bail after their discretion, till that year and
day be passed. And if the said felons or murderes,""" and accessaries so
arraigned, or any of them, be acquitted, or if they or any of them happen
to be attainted, the wife or next heir to the person so slain, as shall
require it, may take and have their appeal of the same death and mur-
der, within the year and day after the same felony and murder done,
against the said persons so arraigned and acquitted, and all other their
accessaries, or against the accessaries of the said principal, or any of
them, so attainted, or against the principals so attainted, if they be alive;
and that the appellant shall have such and the like advantage, as if the
said acquittal or attainder had not been, the said acquttal or attainder
notwithstanding. Andfnrt/zer, that the wife or heirs of the said person so
slain, or murdered, as the case shall require, may commence their appeal
in proper person, at any time within the year after the said felony done,
before one of the coroners of the county where the said felony or murder
was done, or before the people of the State of New York, in their supreme
court, or before justices of the jail delivery, or justices assigned to hear
and determine; and the appellants, in any appeals of murder, or death
of any person, or of rape, or any other felony, may make their attornies,
and appear and prosecute the same appeals by their attornies, after the
same appeals be commenced, to the end of the suit, and execution of
the same.
CHAP. 31.
AN ACT touching the bailment of persons.
PASSED the 16th of February, 1787.
Appeals
for mur-
der.
Prosecu-
tions for
murder by
people; if
prisoner
acquitted,
to be re-
mitted to
jail until
a year and
a day be
expired to
await
appeal by
wife or
heir of
person
slain.
Be it enacted by t/ze People of tbe State of New Yor/e, represented in Persons
arrested
Senate and Assembly, and it is bereby enacted by t/ze aut/zority of tbe same, on crimi_
That no sheriff, under sheriff, coroner, gaoler, or other ofﬁcer, shall let 321012208288

* So in original.
406 LAws or NEW YORK. [CHAR 31.
Iggélgg by out of prison, or permit to go at large, on bail or otherwise, any person
‘ by them or any of them arrested, or to be arrested, or being in their or
any of their custody, by virtue of any writ, process, warrant or commit—
ment, for any treason or felony, or misprision of treason, or upon any
condemnation, execution or capias utl‘agatum, or for surety of the peace;
or any person, taken, or arrested or committed, or to be taken, arrested
or committed, by special commandment of any court, or justices, upon
pain of being punished by fine and imprisonment, and to answer the
damages to the party grieved, if any be thereby aggrieved.
And for as much as divers persons have been arrested and imprisoned
for suspicion of felony, some times of malice, and some times of light
suspicion, and so kept in prison without bail or mainprise, to their great
vexation and trouble. Therefore,
gllllgtiggigf Be it further enacted hy the authority aforesaid, That the justices of
maypbail the peace in their general sessions, or any two of them at the least, being
out l’e‘“ present together out of sessions, in every county and city of this State,
SOUS 3.1‘-
rested oln shall have authority and power, by their discretion, to let such prison-
0‘ l I I I . I U
ers, and persons, so arrested, in their respective cities or counties, to
bail or mainprise, unto their next general sessions, or unto the next gaol A
delivery, to be holden in the same county, or city, where the said-per-
son or persons shall be arrested, or suspected, (as the case may require).
Andfurther, that the said justices, or one of them, when any such pris-
oner shall be brought before them, before any bailment or mainprise,
shall take the examination of the said prisoner, and information of them
that bring him, of the fact and circumstances thereof, and the same, or
as much thereof as shall be material to prove the felony or offence,
shall put into writing, before they 'make the same bailment; which said
examinations, together with the said bailment, the said justices shall
certify, in writing, subscribed or signed with their own hands, at their
next general sessions, or the next gaol delivery, to which the said person
or persons so let to bail or mainprise shall be bound to appear. And
the said justices are hereby authorised and required to bind all such by
recognizance, as do declare any thing material to prove the said felonies
or offences, to appear at their next general sessions, or at the next gaol
delivery, to be holden within the county, or city, where the trial thereof
shall be, as the case may require, then and there to give evidence against
the said party, and shall certify such recognizance and recognizances,
in writing, as they shall take, to the same court, together with the said
examinations and bailment; and in case any justice of the peace, or
mayor, recorder or aldermen acting as a justice of the peace, shall offend
in any thing contrary to the true intent and meaning of this act, the
justices of the peace, in their general sessions of the peace, or the jus-
tices of the gaol delivery, of the city or county where such offence shall
be committed, upon due proof thereof, by examination before them,
shall for every such offence, set such ﬁne, on every of the same justices
of the peace, as the same justices of the peace in their general sessions,
or the justices of gaol delivery shall think meet, and estreat the same,
as other ﬁnes and amerciaments assessed before justices of the peace, in
their general sessions of the peace, or before justices of the gaol deliv-
ery, ought to be estreated.
can). 32.] TENTH SESSION. 407
CHAP. 32.
AN ACT concerning sheriffs, and the service and return of
process.
PAssEn the 19th of February, 1787.
Be it enaeted ﬁy t/ze People of tlze State of New Yor/e, represented in Quanﬂm-
Senate and Assenzﬁly, and it is lzereﬁy e/zaeted ﬁy t/ze ant/zority of t/ze same, Ehoenriféfs
That none shall be sheriff of any city or county of this State, unless he '
be a substantial freeholder within the same city or county where he
shall be sheriff. And fnrt/ier, that every person hereafter to be Bond of
appointed to the ofﬁce of sheriff of any city or county within this State, $235131‘),
before he be permitted to execute the said ofﬁce, shall enter into bond ofdamages
to the people of this State, in the penal sum of two thousand pounds $1331???“
with two or more sufﬁcient sureties, being freeholders jointly and sever- etc-
ally in the penal sum of two thousand pounds to answer the people of
this State and the parties, if any will complain and conditioned that
such sheriff shall well and faithfully, in all things, perform and execute
the said ofﬁce of sheriff, without fraud, deceit, or oppression; which
bonds shall be ﬁled in the clerks ofﬁce of the counties respectively, for
which the respective sheriffs shall be appointed, and the said clerks
respectively shall judge of and determine, the competency of such sure-
ties. And in case of any recovery, by any party aggrieved against any
sheriff, for any default or misconduct in his ofﬁce, it shall be lawful for
the justices of the supreme court, upon motion in open court, to order
the bond so given by such sheriff to be put in suit against such sheriff
or his sureties, or all or any or either of them, and when judgment shall
be obtained on such bond, the said supreme court, shall, upon motion
in open court, direct so much money to be levied thereon, as shall be
sufﬁcient to pay the party the debt or damages so recovered, with costs,
and to be paid to such party grieved: But if such sheriff, or his sure-
ties or either of them shall pay the debt or damages so recovered against
such sheriff, with costs, then such suit on such bond shall thereupon be
stayed and be no further prosecuted. And fart/zer that if, after judg-
ment obtained upon such bond, any other party aggrieved and who
shall have recovered any debt or damages against such sheriff, for any
default or misconduct in his ofﬁce, shall apply to the said supreme
court, for relief, the said supreme court shall, upon motion in open court,
direct such further sum‘ to be levied on such judgment, on such bond,
as shall be sufﬁcient to pay the debt or damages so recovered with costs,
and to be paid to such party aggrieved, and so as often as any recovery
shall be had against such sheriff for any misconduct or default in his
ofﬁce: Provided that the sureties in any bond shall not be charged by
virtue of this act, beyond the amount of the sums in which they are or
shall be bound in any such bond. And provided that two or more such
recoveries shall be had against such sheriff in the same term, or at the
same time, amounting together to more than the whole amount of the
sums contained in such bond, the said supreme court shall order the
monies, to be levied thereupon, to be distributed to the parties respect-
ively, in proportion to the respective amounts of their respective recov-
eries.
And ﬁe it fnrt/zer enaeted ﬁy t/ze aat/zority aforesaid, That the sheriff igsgiggrgo
of each of the respective cities and counties of this State, shall have the and 0118—
custody, rule, keeping and charge, of the gaols and prisons, and the ,Zng'ff
408
LAWS OF NEW YORK. [CHAP. 32.
Sheriff not
to charge
excessive
fees or
show favor
for reward.
“Ln
Provisions
to prevent
abuse of
Office by
sheriffs;
sheriff to
receipt for
writs deliv-
ered him.
Proceed-
ings
\ against
sheriff for
failure to
make re-
turn of
Writ.
prisoners in the same, in the same city or county, as before this time
they were wont to have; and the same sheriffs respectively shall put in
such keepers for whom they will answer; and if the keeper or under
keeper of any prison, by too great duress of imprisonment and by pain,
make any prisoner, that he hath or shall have in his ward, to become
an appellor against his will, it shall be felony, and if any keeper be
thereof convicted or attainted, he shall have judgment as in cases of
felony.
And be it fart/ter enacted by t/ze ant/zority aforesaid That no sheriff
or other ofﬁcer or minister, by occasion, or~under colour of their or
any of their ofﬁce, shall take any other thing or more, by themselves, or
by any other person, to their or any of their use, proﬁt or avail, of any
person, by them, of any of them to be arrested, or attached, nor of any
other, for the omitting of any arrest or attachment, to be made by their
body, or of any person by them or of any of them, by force or colour of
their or any of their ofﬁce, arrested or attached, for ﬁne, fee, suit of prison,
main prise, letting to bail, or shewing any ease or favour, to any such per-
son so arrested or attached, or to be arrested or attached, for their, or any
of their reward or proﬁt, but such as are or shall be allowed and estab-
lished by the law of this State: And fart/cer, that every sheriff‘ in this
State, shall yearly make a deputy of record in the supreme court, to
receive all manner of writs and warrants to be delivered to them: And
moreover that every sheriff, or other ofﬁcer or minister, who shall do con-
trary hereto, in any point, shall forfeit and pay to the party in that
behalf aggrieved, his treble damages, to be recovered with costs of suit;
and shall also forfeit the sum of one hundred pounds, at every time that
they or any of them do the contrary thereof in any point, the one
moiety thereof to the people of this State, and the other moiety thereof
to the party who shall sue for the same, to be recovered with costs of
suit in any court of record, by action of debt, bill, plaint or information,
And be it fart/ter enacted by t/ze ant/zority aforesaid, That such as do
fear the malice of sheriffs, or others having the return of writs, shall
deliver their writs original and judicial in the county where they are to be
executed, and may take of the sheriff under sheriff or other ofﬁcer, to
whom the same writ shall be directed, a certiﬁcate, wherein the names of
the demandants or'plaintiffs, and tenants or defendants named in the writ,
and the day of delivering the writ shall be mentioned; and the sheriff
or under sheriff or other ofﬁcer to whom the writ shall be directed,
shall, at the request of the party delivering the writ, put his seal to the
said certiﬁcate, for a testimony; and if the sheriff, or under sheriff, or
the ofﬁcer to whom the writ shall be directed, will not put his seal to
such certiﬁcate, the witness of other credible persons being present, shall
be taken, and shall put their seals to such certiﬁcate. And fnrt/zcr that
at what time or place soever in the county, any person doth deliver any
writ to the sheriff, or the under sheriff, or other ofﬁcer, to whom the writ
shall be directed, they shall receive the same writ, and make a certiﬁ-
cate thereof as aforesaid, without taking anything therefore ; and.if
the sheriff or other ofﬁcer to whom the said writ shall be directed,
do not return the same writ, and complaint thereof be made to
the court where such writ shall be returnable, if the writ was to be
executed in the same county, where such court shall then sit, an
inquest shall thereupon be taken, in the presence of such sheriff or other
ofﬁcer, if he will attend in the same court, to inquire whether the writ
was delivered, and what damages the party hath sustained, having regard
to the quality and quantity of the action, and the peril that may happen
by reason of the delay; and if it be found by the inquest, that the writ
CHAP. 32.]
409
TENTH SESSION.
was delivered, the party shall recover his, or her damages aforesaid,
against such sheriff, under sheriff, or other ofﬁcer, with the costs of taking
the same inquest, and shall have execution for the same, in like manner
as for damages in any other cases: but if such writ was to be executed
in any other county, then a writ judicial shall be awarded to the justices
or justice who shall hold the next circuit court in such county, to inquire
as aforesaid, and an inquest shall be thereupon taken in such circuit
court, and returned; and if it be found by the inquest that the writ was
delivered, the party demandant or plaintiff shall recover, and have exe-
cution for the damages and costs as aforesaid, and by the same means
there shall be remedy, where the sheriff or other ofﬁcer returns that the
writ came too late, so that he could not execute the same. And more-
over, that in all cases where the sheriff or other ofﬁcer shall be com-
manded, that of the issues of the lands and chattles of any person he
answer, if the plaintiff demand hearing of the return, it shall be granted;
and if the plaintiff offer to aver that the sheriff or other ofﬁcer might
and ought to have returned greater issues, it shall be inquired, by an
inquest to be taken in the manner aforesaid, of what and how great
issues the sheriff or other ofﬁcer, might, and ought to have made return,
from the day of the writ purchased, unto the day of the return thereof;
and if it be found that he hath not answered for the whole, he shall be
charged with the overplus, and shall also be amerced for the conceal-
ment. And it is hereby declared that rents, corn in the grange, and all
moveables (except arms, implements of trade and house hold goods) be
contained within the name of issues.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That when the
sheriff or any of his deputies shall ﬁnd that resistance will be made
against any process of execution, the sheriff, laying aside all other things,
and taking with him the power of the county, shall forwith go in his
proper person and do execution; and if he ﬁnd resistance, he shall
certify to the court the names of the resisters, aiders, consenters, com-
manders and favourers, and by a writ judicial they shall be attached by
their bodies to appear in the same court; and if they be convicted of
such resistance, they shall be punished by ﬁne and imprisonment.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That sheriffs and
other ofﬁcers, to whom the return of any writs or process shall apper-
tain, shall put their own names to the returns of the same writs and
process, so that the court may know of whom they took such returns, if
need be; and if any sheriff or other ofﬁcer leave out his name in any
return, he shall be amerced, and also answer the damages to the party.
And be it fart/ter enacted by ﬁre ant/zority aforesaid, That sheriffs and
gaolers, shall from henceforth receive and safely keep in prison, all
thieves and felons appealed, indicted or taken in the fact, who shall be
taken and attached by constables and other ofﬁcers, by the delivery of
the constables and other ofﬁcers without taking any thing for the
receipt. Andfzcrt/zer that as well the justices of the peace, at their gen-
eral sessions in their respective counties, as the justices of the supreme
court and the justices of gaol delivery, and justices assigned or author-
orized to hear and determine, shall have power to hear the complaints
of those who will complain against sheriffs and gaolers in such cases,
and to punish the sheriffs and gaolers, if they be found guilty.
And be it fart/zer enacted by t/ze az/t/zority aforesaid, That every sheriff
and other ofﬁcer, to whom any process out of the exchequer shall be
directed and delivered, for levying any debt, ﬁne or forfeiture, to the
people of the State of New York, shall, upon demand, shew the same
process, and deliver a copy thereof to the debtor or person against whom
Power of
sheriff in
case of
resistance.
Sheriﬂ' to
sign re-
turns made
by him .
Sheriffs to
receive
prisoners
into jail
from con-
stables.
VoL.
2.—52
Process out
of court of
exchequer,
duty of
sheriff.
410 LAWS OF NEW YORK. ' [CHAR 33.
the same process shall be issued, without denying to any, and without
taking any reward; and shall, upon receiving or levying the money
mentioned in such process, lawfully acquit the debtor thereof, and
account for the same, at his next account, after he shall have received
or levied the same; and if any sheriff or other ofﬁcer do otherwise, and
be thereof convicted, he shall render to the party aggrieved treble dam-
ages, and costs of suit, and be further punished by fine, according to
the discretion of the court wherein he shall be convicted.
lsjlttliirgfof And he it further enacted hy the authority aforesaid, That no sheriff or
persgms other person, shall take or seize the goods of any person arrested or
sggfflgfeeff imprisoned for suspicion of felony, before that the same person so arrested
ony, etc. or imprisoned, be convicted or attainted of such felony according to
law, or the same goods be otherwise lawfully forfeited, upon pain to
forfeit double the value of the goods so taken, to him who shall be so
injured in that behalf, to be recovered with costs of suit, in any court
of record, by action of debt, bill, plaint or information.
Seizure of And whereas sheriffs and other ofﬁcers, sometimes seize the lands,
goods and chattles of divers persons, surmising that they be outlawed,
throlfsh or their lands, goods and chattles forfeited, where they be not, because
error, pro-
ceedings that they hear such names as those who be outlawed, or whose lands
g‘trargeéiffgw goods and chattles be forfeited, for default of good declaration of the
ed party. name, sirname and addition; for remedy whereof Be it further enacted
hy the authority aforesaid, That if any will complain in such case, he or
she shall have a writ of identitate nominis, and if the lands, goods or
chattles of any person shall, in such case, be seized byjany sheriff or
other officer, such person shall ﬁnd surety before the sheriff or other
ofﬁcer, who hath the warrant to seize, to answer to the people of this
State, of the value of such lands, goods and chattles, in case he or she
cannot discharge himself or herself; and such sheriff or other ofﬁcer,
shall thereupon restore the same lands, goods and chattles, to the party,
without taking any thing of the party: And if such sheriff or other
ofﬁcer do not the same, and thereof be convicted, the party shall have
suit against such sheriff or other ofﬁcer, and recover his or her double
damages, and costs of suit; and such sheriff or other ofﬁcer shall be
further punished by ﬁne for his offence.
Offenses And he it further enacted hy the authority aforesaid, That as well the
to justices of the peace in their open general sessions, and the justices of
‘g; gaol delivery, and justices assigned or authorized to hear and determine,
in sage...“ within the limits of their authority respectively, as the justices of the
$33-23“ of supreme court, shall have full power and authority to hear and deter-
delivery. mine all offences and defaults, done contrary to this act, as well by pre-
sentment and information, as indictment; and upon conviction of the
offenders, to award execution for the levying of the forfeitures aforesaid,
by ﬁeri facias, attachment, capias or exigent.
CHAP. 33.
AN ACT that the solemn afﬁrmation and declaration of the
people called Quakers, shall be accepted instead of an oath.
PAssED the 19th of February, 1787.
Quakers Be it enacted hy the People of the State of New Yorh, represented in
in . . .
iiiggegd gin Senate and Assemhly, and it is herehy enacted hy the authority of the same,
Zi‘ﬁfg That every Quaker, who shall be required upon any lawful occasion to
CHAP. 34.] TENTH sEssIoN. 411
take an oath, in any case where by law an oath is required, shall, instead
of the usual form, be permitted to make his, or her solemn afﬁrmation
or declaration, in the words following, to wit,
“ I do solemnly, sincerely and truly declare and afﬁrm ”
which solemn afﬁrmation or declaration shall be adjudged and taken,
and is hereby enacted and declared, to be, of the same force and effect,
to all intents and purposes, in all courts of justice, and other places
where by law an oath is required, as if such Quaker had taken an oath
in the usual form. -
And ﬁe it further enacted ﬁy t/ie ant/zority aforesaid, That in all cases, Who
wherein by any act or acts of the legislature of this State now in force, 333163,?
or hereafter to be made, an oath is or shall be allowed, authorised,
directed or required, the solemn afﬁrmation or declaration, in the form
above described, of any of the people who shall be a member of the
religious society of the people called Quakers, or shall usually associate
with the people called Quakers in their religious worship, or be gener-
ally reputed to be a Quaker. shall be allowed and taken instead of such
oath, although no particular or express provision be made for that pur-
pose, in such act or acts: And all persons, who are or shall be author-
ised or required to administer such oath, shall be, and hereby are
authorised and required to administer the said afﬁrmation or declara-
tion. And the said solemn afﬁrmation or declaration, so made as afore-
said, shall be adjudged and taken, and is hereby enacted and declared
to be, of the same force‘and effect, to all intents and purposes, in all
courts of justice, and other places, where by law an oath is or shall be
allowed, authorised, directed or required, as if such Quaker had taken
an oath in the usual form.
Ana ﬁe it fnrt/zer enacted ﬁy t/ze aat/iorizj/ aforesaid, That if any person False _
making such solemn afﬁrmation or declaration, shall be lawfully con~ victed of having wilfully, falsely and corruptly, afﬁrmed and declared Perjury-
any matter or thing, which, if the same had been deposed in the usual
form, would have amounted to wilful and corrupt perjury, every person
so offending shall incur and suffer the like pains, penalties and forfeit-
ures, as by the laws and statutes of this State, are, or shall be directed
to be inﬂicted on persons convicted of wilful and corrupt perjury
Provided always,
And ﬁe it fart/zer enacted ﬁy tﬁe ant/zority aforesaid, That no Quaker, Exemption
or reputed Quaker, shall, by virtue of this act, be compelled to serve of Quakers
on any juries in criminal cases, nor to act as an assessor or collector.
any thing in this act to the contrary notwithstanding.
CHAP. 34.
AN ACT to amend the charter of the corporation for the relief
of the widows and children of clergymen, in the communion of
the Church of England, in America.
PASSED the 19th of February, 1787.
Be it enacted ﬁy t/ce People of t/ze State of New York, represented in Change of
Senate and Assenzﬁly, and it is ﬁereﬁy enacted ﬁy t/ze aat/zority of t/ze same, Egllggrgi
That the said corporation hereafter, in all their acts and proceedings, tion-
and in all suits, pleas, deeds, gifts, obligations, matters and things, in
any wise respecting the same, shall be called and known by the name
d
‘)
LAWS OF NEW YORK. [CHAR 35.
By-laws to
conform to
laws of
this State.
Accounts
of corpora-
tion to be
subject to
revision of
governor,
chanceﬂor
and chief
justice.
Non-user
not to work
forfeitu re.
Parties
may ap-
pear by
attorney in
all actions.
Warrants
of attor-
ney, how
taken out.
or stile of “The corporation for the relief of the widows and children
of clergymen of the Protestant Episcopal Church, in the United States
of America,” the said charter, or any clause thereof, or usage there-
upon notwithstanding.
And w/iereas it is provided by the said charter, that the bye laws of
the said corporation shall not be contrary to the laws of that part of
Great Britain called England.
Be it enacted by t/ze ant/iority aforesaid, That the said clause be, and
the same hereby is repealed.
And be it fart/ter enacted and provided Instead thereof, that the bye
laws or regulations of the said corporation, shall not be repugnant to
the constitution or laws of this State.
A nd be it fart/cer enacted by t/ze az/t/zority aforesaid, That the last
clause in the said charter, subjecting the accounts and proceedings of
the said corporation, to the revisal and ratiﬁcation therein expressed,
be and the same is hereby repealed and annulled. And it is lzereby
enacted, that the said accounts may, in the manner directed by the said
charter, hereafter be ratiﬁed and conﬁrmed, by the governor, the chan-
cellor and the chief justice of this State, for the time being, or any two
of them; or be subjected by them, or any two of them, to such revisal,
check and conﬁrmation, as by them, or any two of them, may be thought
just and reasonable.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That the said
charter, and every part thereof, as altered and amended by this act, be,
and the same hereby is conﬁrmed, the non user of the powers and privi-
ledges thereby granted, in any wise notwithstanding.
CHAP. 35.
AN ACT concerning counsellors, attornies, solicitors, advocates
and proctors of the several courts in this State.
PASSED the 20th of February, 1787.
Be it enacted by t/ze People of t/ze State of New York represented in
Senate and Assembly, and it is liereby enacted by t/ze aat/zority of the same,
That it shall be lawful for all and every person and persons whomso-
ever of full age and sound memory, other than defendants in cases where
corporal punishments may be inﬂicted, to make and appear by his her
or their attorney or attornies, in all and every or any suit, action or plea,
real or personal, moved or to be moved, by or against him, her or them,
in any court in this State; and to commence, pursue, prosecute or
defend the same suit, action or plea in person, or by his, her or their
attorney or attornies.
And be it fart/ter enacted by ﬁre ant/zority aforesaid, That all warrants
of attorney of the parties, or of any or either of them, in all suits,
actions and pleas, in any court of record, shall be taken before the
judges or justices of the respective courts in which the same suit, action
or plea is or shall be depending, or one of them, or before the chancel-
lor of this State for the time being, who shall certify and send the war-
rants of attorney before him taken to the judges or justices of the court
in which the suit, action or plea is or shall be depending. And fart/ter,
that such as cannot conveniently come before any or either of the judges
or justices of the court in which such suit, action or plea is or may be
CHAP. 5 5.] TENTH SESSION. 413
depending, or before the chancellor, to make his, her or their attorney
or attornies in the same suit, action ‘or plea may appear before such
judges justices or chancellor, or either of them, by his, her or their
agent or attorney having sufﬁcient authority therefore in writing, by
letter of attorney or otherwise, from the person or persons in whose
behalf such suit action or plea is or may be depending; and in cases
where it may be necessary, shall have a writ out of the chancery to
some sufﬁcient man to receive his, her or their warrant of attorney, in
the same suit, action or plea; and in all cases, where any infant is or
shall be entitled to any suit or action, some or one of the next friends
of such infant shall be admitted in manner aforesaid, to sue and prose-
cute for such infant. And if any infant is or shall be impleaded, a
guardian shall be appointed in manner aforesaid for such infant, to
defend the same suit, action or plea, for the same infant.
And be it fart/ter enacted by t/ze aat/zorizy iaforesaid, That no person Admissidn
shall henceforth be admitted a counsellor, attorney, solicitor, advocate ﬂigf’ggfgg:
or proctor in any court, but such as have been brought up in the same neyaew
court, or are otherwise well practiced in soliciting causes, and have been
found by their dealings to be skilful, and of honest disposition; and
that every person hereafter to be admitted a counsellor, attorney, solic-
itor, advocate or proctor of any court, shall, before such admission, be
examined by the judges or justices of the same court; and such only
as shall be found virtuous and of good fame, and of sufﬁcient learning
and ability, shall be admitted; and their names shall be put in a roll
or book to be kept in each court respectively for that purpose; and
each and every person so admitted shall upon such admission in open
court take and subscribe an oath of ofﬁce, in the words following.
“ I do swear, that I will truly and honestly demean myself Oath of
in the practice of an attorney, (or of a counsellor, solicitor or proctor, attorney’
or of an advocate, as the case may be) according to the best of my
knowledge and ability. -
And be it fart/zer enacted by t/ze aat/zority aforesaid, That if any Attorneys
counsellor, attorney, solicitor, advocate or proctor of any court, here- $5,232.35},
tofore admitted, or hereafter to be admitted, shall be found notoriously fol‘ default
in default, of record, or otherwise, he shall be put out of the roll, and
never after be received to act as counsellor, attorney, solicitor, advocate
or proctor in any court. And fart/ter, that when any attorney shall
die or cease to act, or be put out of the roll of attornies, the persons
for whom he was attorney shall be warned to appoint another attorney
in his place, so that in the mean time no damage or prejudice may
come to the party.
And be it further enacted by t/ze ant/zority aforesaid, That if any Attorneys
counsellor, attorney, solicitor, pleader advocate, proctor or other, do $31,235,315.
any manner of deceit or collusion in any court of justice, or consent collusion
unto it in deceit of the court, or to beguile the court, or the party, and dci-Ospea
thereof be convicted, he shall be punished by ﬁne and imprisonment,
and shall moreover pay to the party grieved treble damages, and costs
of suit.
And be it furt/zer enacted by tile azct/cority aforesaid, That if any Attorneys
attorney, solicitor, or proctor, do or shall wilfully delay his clients suit, $325150!"
to work his own gain, or wilfully demand by his bill any sums of money making
or allowance for or upon account of any money which he hath not laid ciafges,
out or disbursed, or become answerable for, in every such case the party etc’
grieved shall have his or her action against such attorney, solicitor, or
proctor, and recover therein treble damages, and costs of suit; and
such attorney, solicitor, or proctor, shall thereupon be put out of the
414 LAWS or NEW YORK. [CHAR 35.
roll, and be discharged from thenceforth, from being an attorney solic-
itor or proctor any more. ' ~
Attorneys And he it further enacted hy the authority aforesaid, That no attorney,
$1232“ solicitor or proctor, shall .commence any suit or action for recovery of
services any fees, charges or disbursements, until eight days after he shall have
3251515115,?‘ delivered to the party to be charged therewith, or left for him or her at
ﬁgggggd. his or her'dwelling house, or last place of abode, a bill of Such fees,
charges and disbursements, written in a common legible hand in the
English tongue, (except law terms and the names of writs, and in
words at length (except times and sums, and such abbreviations as are
commonly used in the English language,) subscribed with the proper
hand of such attorney, solicitor or proctor.
Warrants And he it further enacted hy the authority aforesaid, That the attor-
ggj‘gci’iliggy ney for the plaintiff or demandant in every action or suit, shall ﬁle his
withcourt; warrant of attorney with the proper ofﬁcer of the court where the cause
penalty for - -
neglect is or shall be depending, the same term he declares, and the attorney
for the defendant. or tenant, shall ﬁle his warrant of attorney as afore-
said, the same term he appears, upon pain to forfeit for every neglect
or offence the sum of ten pounds, to be recovered by action of debt,
bill, plaint or information, the one moiety thereof to the use of the
people of this State, and the other moiety thereof to the ofﬁcer to whom
or in whose ofﬁce the same warrant should be delivered, entered or ﬁled;
and also to make satisfaction to the party grieved, according to the
discretion of the court, where any such default or neglect shall be had
or made.
Writs of And he it further enacted hy the authority aforesaid, That every pro-
Eg‘ﬁ‘f‘t‘iPbi; cess for arresting, and every writ of execution, or some label annexed,
iglgigirgg shall, before service or execution thereof, be subscribed or indorsed
' with the name of the attorney or person by whom the same process or
writ of execution shall be sued forth.
Penalty for And he it further enacted hy the authority aforesaid, That if any attor-
flffé’éfi‘gg’s ney of any court of record shall knowingly and willingly permit or
Obhel'per- suffer any other person to sue out any writ, or commence, prosecute or
2%‘; defend any action or suit in his name, and be thereof convicted, he
inhisname shall be put out of the roll of attornies, and from the time of such con-
viction be disabled to practice in such court. Andfurther that as Well
the same attorney as he who shall sue out any such writ, or commence
prosecute or defend any such action or suit, shall each of them forfeit
for every such offense the sum of twenty pounds, the one moiety thereof
to the people of this State, and the other moiety thereof to the party
grieved, to be recovered by action of debt, bill, plaint, or information,
in any court of record.
Certain And he it further enacted hy the authority aforesaid That from and
ggﬁsrfnl’ﬁ' after the ﬁrst day of May next, no clerk, or register, or deputy register
tlri(l)>lil";eglrac_ of any court, nor any examiner or master of the court of chancery, shall
ticing as act as counsellors, attorney, solicitor, advocate or proctor, in any suit,
:{ffmeys’ action or matter in the same court; and that no under sheriff, sheriffs
clerk, coroner oi bailiff, shall during his continuance in ofﬁce, act as
counsellor, attorney, solicitor, advocate or proctor, in any court what-
soever. Prouidedneoertheless, that every such clerk, register or deputy
register, examiner or master of the court of chancery, who now prac-
tices as counsellor, attorney, solicitor, advocate or proctor, shall and
may proceed to prosecute such actions and suits in which he now is, or
before the ﬁrst day of May next, shall be attorney of record, solicitor or
proctor, until such suit or action is ﬁnally concluded.
CHAP. 36.] TENTH sEssloN. 415
CHAP. 36.
AN ACT concerning tenures.
PASSED the 20th of February, 1787.
Be it enacted ﬁy t/ze People of t/ze State of New York, represented in Alienation
Senate and Asseinﬁly, and it is kereﬁy enacted ﬁy tke autkority of t/ze sanze, 33133353,,
That it shall forever herearter be lawful for every freeholder, to give, to hold ,
sell or alien, the lands or tenements, whereof he or she is, or at any Fonr‘iﬁrsiltff
time hereafter, shall be seised in fee simple, or any part thereof, at his i3? 23mm
or her pleasure; so always that the purchaser shall hold the lands or ofsgrvice.
tenements so given, sold, or aliened, of the chief lord, if there be any,
of the same fee, by the same services and customs, by which the per-
son or persons making such gift, sale or alienation, befor'e held the same
lands or tenements. And if such freeholder, give, sell or alien, only a
part of such lands or tenements, to any, the feoffee or alienee, shall
immediately hold such part of the chief lord, and shall be forthwith
charged with the services for so much as pertaineth or ought to pertain
to the said chief lord, for the same parcel, according to the quantity of
the land or tenement so given, sold or aliened; and so in this case, the
same part of the service shall remain to the lord, to be taken by the
hands of the feoffee or alienee, for which he or she ought to be attend-
ant and answerable to the same chief lord, according to the quantity of
the land or tenement, given, sold or aliened, for the parcel of the ser
vice so due.
And ﬁe it fzcrt/zer enacted ﬁy t/ze acct/coritv aforesaid, That all wardships, Wardships,
liveries, primer seisins, and ousterlemains, values and forfeitures of mar— riages, by reason of any tenure by knithts service, and all mean rates, niriinsem.
and all other gifts, grants, and charges incident or arising, for or by discharged
reason of wardships, liveries, primer-seisins, or ousterlemains, shall be, and
hereby are declared to be taken away and discharged; from the thirtieth
day of August, in the year of our Lord one thousand six hundred and
sixty four; and that all ﬁnes for alienations, seizures and pardons for
alienations, tenure by homage, and all charges incident or arising, for
or by reason of wardship, livery, primer seisin, ousterlemain, or tenure
by knights service, escuage, and also relief, and aid pur ﬁle marrier,
and pur fair ﬁtz chivalier, and all other charges incident thereunto, shall
be and hereby are likewise declared to be taken away and discharged,
from the said thirtieth day of August, in the year of our Lord one thou-
sand six hundred and sixty four, and that all tenures by knights service,
and by knights service in capite, and by socage in capite, and the fruits
and consequents thereof happened, and which “shall or may hereafter
happen, or arise thereupon or thereby, shall be, and hereby are declared to
be taken away and discharged, and for ever abolished, any law, statute,
custom, or usage, to the contrary thereof in any wise notwithstanding.
And ﬁe it fart/zer enacted ﬁy t/ze azct/cority aforesaid, That all tenures Tenures
of any honours, manors, lands, tenements or hereditaments, or of any Efrigfeftgﬁe
estate or inheritance at the common law, held either of the king, or of gfgléiggd
any other person or persons, bodies politic or corporate, at any time be- free and
fore the fourth day of july, in the year of our Lord one thousand seven £35226?"
hundred and seventy six, are hereby declared to be turned into free and
common socage, to all intents and purposes and shall be construed,

*So in original.
LAWS OF NEW YORK. [CHAP. 37.
Convey-
ances de-
clared to
be of same
effect as if
estates
held in
common
socage.
Proviso;
reserva-
tions of
rents cer-
tain, etc.,
not af~
fected.
Tenures
upon pat~
ents or
deeds from
State
declared
alloidal.
Persons to
whose use
estates are
held in
trust. de—
clared to
be in law-
ful seisin
and pos-
session of
the same.
adjudged and deemed to be free and common socage, from the time
of the creation thereof, and forever thereafter: and that the same
honors, manors, lands, tenements and hereditaments, shall for ever
hereafter stand and be discharged, of all tenure by homage, escuage,
voyages loyal, and charges for the same, wardships incident to tenure
by knights service, and values and forfeitures of marriage, and all other
charges incident to tenure by knights service, and of and from relief, aid
pur ﬁle marrier, and aid pur fair ﬁtz chivalier, any law, statute, usage
or custom, to the contrary in any wise notwithstanding. -
And be it fart/ter enacted by Me az/tborizy aforesaid, That all convey-
ances and devises of any manors, lands, tenements, or hereditaments,
at any time heretofore made, shall be expounded to be of such effect, as
if the same manors, land, tenements and hereditaments, had been then
held and continued to be holden in free and common socage only,
any law, statute, customs, or usage to the contrary hereof in any wise
notwithstandingf Provided alzt/ays.
And be it fart/ter enacted by t/ze ant/iority aforesaid, That this act or
any thing herein contained, shall not take away, nor be construed to
take away or discharge, any rents certain, or other services, incident or
belonging to tenure in common socage, due or to grow due to the
people of this State, or any mean lord, or other private person, or the
fealty or distresses incident thereunto.
And be it fart/cer enacted by t/ze ant/iority aforesaid, That the tenure
upon all gifts, grants, and conveyances heretofore made, or hereafter
to be made, of any manors, lands, tenements or hereditaments, of any
estate of inheritance, by any letters patent under the great seal of this
State, or in any other manner by the people of this State, or by the
commissioners of forfeitures, shall be and remain allodial, and not
feudal, and shall forever hereafter be taken and adjudged to be and
continue in free and pure allodium only ; and shall be forever discharged,
of all wardship, value and forfeiture of marriage, livery, primer seisin,
ousterlemain, relief, aid pur ﬁle marrier, aid pur fair ﬁtz chivalier, rents,
renders, fealty, and all other services whatsoever, any law, statute,
rcservation, custom or usage, to the contrary hereof, in any wise not-
withstanding.
CHAP. 37.
AN ACT concerning uses.
PASSED the 20th of February, 1787.
Be it enacted by t/ze People of t/ze State of New York, represented in
Senate and Assembly, and it is bereby enacted by tile aztt/zority of tbe same,
That where any person or persons stand or be seized, or at any time
hereafter shall stand or be seised, of and in any manors, messuages,
lands, tenements, rents, services, reversions, remainders or other hered-
itaments, to the use, conﬁdence, or trust, of any other person or persons,
or of any body politic, by reason of any bargain, sale, feoffment, ﬁne,
recovery, covenant, contract, agreement, will or otherwise, by any man-
ner of means whatsoever, in every such case, all and every such person
and persons, and bodies politic, that have, or hereafter shall have, any
such use, conﬁdence or trust, in fee simple, for term of life, or of years
or otherwise, or any use, conﬁdence or trust, in remainder or reversion,
shall from henceforth stand and be seised, deemed and adjudged, in
CHAP. 37.] TENTH SESSION.
~ 417
lawful seisin, estate and possession, of and in the same manors, mes-
suages, lands, tenements, rents, services, reversions, remainders and
hereditaments, with their appurtenances, to all intents, constructions
and purposes in the law, of and in such like estates, as they had or shall
have, in use, trust or conﬁdence, of or in the same; and that the estate,
title, right and possession, that was or shall be in such person or per-
sons, that were or hereafter shall be seised, of any lands, tenements or
hereditaments, to the use, conﬁdence, or trust, of any such person or
persons, or of any body politic, be from henceforth clearly deemed and
adjudged to be, in him, her or them, that have or hereafter shall have,
such use, conﬁdence, or trust, after such quality, manner, form and
condition, as they had before, in or to the use, conﬁdence or trust, that
was or shall be in them. Andfnrt/zer, that where divers persons be, or
hereafter shall be jointly seised, of and in any lands, tenements, rents,
reversions, remainders, or other hereditaments, to the use, conﬁdence
or trust, of any of them so jointly seised, in every such case, the person
or persons who have, or hereafter shall have, any such use, conﬁdence
or trust, in any such lands, tenements, rents, reversions, remainders, or
hereditaments shall from henceforth have, and be deemed and adjudged
to have, only to him or them, that have or hereafter shall have, such use,
conﬁdence or trust, such estate, possession and seisin, of and in the same
lands, tenements, rents, reversions, remainders and other hereditaments,
in like nature, manner, form, condition and course, as he or they had
before, in the use, conﬁdence or trust, of the same lands, tenements,
rents, reversions, remainders or hereditaments; saving and reserving to
all and singular persons and bodies politic, their heirs and successors,
other than the person or persons who be seised, or hereafter shall be
seised, of any lands, tenements or hereditaments, to any use, conﬁdence
or trust, all such right, title, entry, interest, possession, rents and action,
as they or any of them had or might have had, before the making of
this act; and saving and reserving also, to all and singular those per-
sons, and to their heirs, who be, or hereafter shall be seised to any use,
all such former right, title, entry, interest, possession, rents, customs,
services and action, as they or any of them might have had, to his or
their own proper use, in or to any manors, lands, tenements, rents, or
hereditaments, whereof they be, or hereafter shall be seised, to any other
use, as if this act had never been made.
And be it fart/ter enacted by t/ze aat/tority aforesaid, That where any Id.; estates
person or persons, stand and be seized, or hereafter shall stand and be
seized, of and in any lands, tenements, or hereditaments, in fee simple
or otherwise, to the use or intent that some other person or persons
shall have and perceive yearly to them and to his or their heirs, one
annual rent of ten pounds, or more or less, out of the same lands, tene-
ments and hereditaments, and some other person or persons, one other
annual rent, to him or them and their assigns, for term of life or years,
or for some other special time, according to such intent and use as here-
tofore hath been, or hereafter shall be declared, limited and made
thereof, in every such case, the same persons, their heirs and assigns,
and every of them, who have such use and interest, to have and per-
ceive any such annual rents, out of any lands, tenements or heredita-
ments, shall be adjudged and deemed to be in possession and seisin of
the same rent, of and in such like estate as they had in the title, interest
or use of the said rent or proﬁt, and as if a sufﬁcient grant or other law-
ful conveyance had been made and executed to them, by such as were
or shall be seised, to the use or intent of any such rent to be had,
made or paid, according to the very trust and intent thereof; and that
VOL. 2. -—53
Id.; where
estate is
held by
several in
trust for
one.
held sub-
ject to an-
nual rents
to others.
418
LAWS OF NEW YORK. [CHAR 37.
Rights of
persons for
whose use
estates are
held.
Sheriff on
execution
may levy
on estates
held in
trust for
the use of
the judg-
ment
debtor.
Grants by
persons of
full age
and sound
‘mind to be
good as
against
grantor
and heirs.
all and every such person and persons as have, or hereafter shall have,
any title, use and interest, in or to any such rent or proﬁt, shall lawfully
distrain for non payment of the said rent, and in their own names make
avowries, or by their bailiffs or servants make cognizances and justiﬁca-
tions, and have all other suits, entries and remedies for such rents, as if
the same rents had been actually and really granted to them, with sufﬁ-
cient clauses of distress, re-enti'y or otherwise, according to such condi-
tions, pains, or other things limited and appointed, upon the trust and
intent, for payment or surety of such rent.
And he it further enacted hy the authority aforesaid, That all and sin-
gular person and persons, and bodies politic, which have or shall have
any estate unto them executed, of and in any lands tenements or hered-
itaments, by the authority of this act, shall and‘ may have and take the
same or like advantage, beneﬁt, voucher, aid prayer, remedy, commod-
ity, and proﬁt by action, entry, condition or otherwise, to all intents,
constructions and purposes, as the person or persons seised to their use,
of or in any such lands, tenements or hereditaments so executed, had,
should, might or ought to have had, at the time of the execution of the
estate thereof by the authority of this act, against any other person or
persons, of or for any waste, disseisin, trespass, condition broken, or any
other offence, cause or thing, concerning or touching the said lands or
tenements, so executed by the authority of this act.
And he it further enacted hy the authority aforesaid, That it shall and
may be lawful for every sheriff, and other ofﬁcer, to whom any writ or
precept is or shall be directed, at the suit of any person or persons, of,
for and upon any judgment or recognizance, made or had, or hereafter
to be made or had, to do make and deliver, execution unto the party in
that behalf suing, of all such lands, tenements, rents and hereditaments,
as any other person or persons be in any manner of wise seised or pos-
sessed, or hereafter shall be seised or possessed, to the use, or in trust,
for him against whom execution is so sued, like as the sheriff or other
ofﬁcer might or ought to have done, if the said party against whom exe-
cution is, or shall be so sued, had been seised of such lands, tenements,
rents or other hereditaments, of such estate as he is or shall be seised
(if, in the use or trust, at the time of the said execution sued; and such
lands, tenements, rents and other hereditaments, by force and virtue of
such execution, shall accordingly be held and enjoyed, freed and dis—
charged of all incumbrances, of such person or persons as are or shall
be so seised or possessed, to the use or in trust for the person against
whom such execution is or shall be sued ; and if any person intitled to
or having any such use or trust, hath devised or shall devise the same,
by his last will, or hath died, or shall die intestate, leaving the same to
descend to his heirs, the same shall be liable to the debts of the testator
or intestate, and deemed and taken to be assets in the hands of the heirs
or devisees, who shall be chargeable for the same, in like manner as
they are by law chargeable and liable in cases where lands or tenements
descend, or are devised to them, and not otherwise.
And he it further enacted hy the authority aforesaid, That every estate,
feoffment, gift, release, grant, lease and conﬁrmation, of lands, tene-
ments, rents, services or hereditaments, made or had, or hereafter to be
made or had, by any person or persons, being of full age, of sound
mind, at large, and not in duress, to any person or persons, and all
recoveries and executions, had or made, or to be had or made, shall be
good and effectual to him, her or them, to whom it is so made, had or
given, and to all others to his, her or their use, against the seller, feoffor,
donor or grantor thereof, and against the sellers, feoffors, donors or
cHAP. 38.] TENTH SESSION. 419
grantors, his, her and their heirs, claiming the same, only as heir or
heirs, to the same sellers, feoffers, donors or grantors, and every of them,
and against all others having or claiming any title or interest in the
same, only to the use of the same seller, feoffor, donor or grantor, sel-
lers, feoffors, donors or grantors, or his, her or their said heirs, at the
time of the bargain, sale, covenant, gift or grant made.
CHAP. 38.
AN ACT for settling intestates estates, proving wills, and grant-
ing administrations.
\
PASSED the 20th of February, 1787.
Be it enacted ﬁy t/ze People of t/ce State of New York represented in Letters of
.Senate and Assenzﬁly and it is kereﬁy enacted ﬁy t/ie azct/zority of t/ze sanze £533?‘
That administration of the goods chattles and credits of any person Who e11ti~
dying intestate shall be committed or granted to the widow or next of ﬂed to‘
kin of the intestate or to some or one of them if they or any or either
of them will accept the same and if neither of them will accept the
same then to such other proper person or persons as will accept the
same and such administrators shall have the beneﬁt and incur the charge
of and be accountable as executors.
And ﬁe it fnrt/ier enacted ﬁy t/ze ant/coritj/ aforesaid That just and oistribrb.
equal distribution of what remaineth clear, of the goods and personal glsoggfof
estate of any person dying intestate, after all debts funeral charges and person
just expences of every sort ﬁrst allowed and deducted shall be made iiniiisgam
amongst the wife and children or childrens children if any such there
be, or otherwise to the next of kindred to the intestate in equal degree,
or legally representing their stocks, each according to his or her respec-
tive right, pursuant to the laws in such cases, and the rules and limita-
tions herein after set down.
And ﬁe it fnrt/cer enacted ﬁy t/ze ant/zority aforesaid That the whole Manner of
surplusage of the goods and personal estate of ‘every person dying in- Si‘ggnvlgggm
testate shall be distributed in manner and form following. That is to there are
say, one third part of the surplusage to the wife of the intestate and all chlldren‘
the residue by equal portions to and amongst the children of such per-
sons dying intestate and such persons as legally represent such children
in case any of the said children be then dead other than such child or
childrenwho shall have any estate by settlement or shall be advanced
by the intestate in his life time by portion or portions equal to the share
which shall by such distribution be allotted to the other children to
whom such distribution is to be made and in case any child shall have
any estate by settlement from the said intestate or shall be advanced by
the said intestate in his life time by portion not equal to the share which
will be due to the other children by such distribution as aforesaid
then so much of the surplusage of the estate of such intestate shall be
distributed to such child or children as shall have any land by settle-
ment from the intestate or were advanced in the life time of the intes-
tate as shall make the estate of all the said children to be equal as near
as can be estimated.
And in case there be no children nor any legal representatives of Where
them, then one moiety of the said estate shall be allotted to the wife of 312,653,?
the said intestate, and the residue of the said estate shall be distributed dren-
420
LAWS OF NEW YORK. [CHAR 38.
Where
there is no
w‘ e.
Who to
take share
of child
dying after
father’s
death.
Act not to
extend to
estates of
feme
covert.
Surro-
gates. ap-
pointment
of ; duty.
Seal of
surrogate.
equally to every of the next of kindred of the intestate who are in
equal degree, and those who represent them, but no representation shall
be admitted among collaterals after brothers and sisters children.
And in case there be no wife then all the said estate to be distributed
equally to and amongst the children and in case there be no child then
to the next of kindred in equal degree of or unto the intestate and their
legal representatives as aforesaid and in no other manner whatsoever.
And be it fart/ter enacted by t/ze az/t/iority aforesaid That if after the
death of a father any of his children shall die intestate without wife
or children in the life time of the mother every brother and sister and
the representatives of them shall have an equal share with her, any
thing in this act or any law usage or custom to the contrary notwith~
standing.
And be it fart/cer enacted by t/ze ant/iorizy aforesaid That neither this
act nor any thing therein contained respecting the distribution of intes-
tates estates shall be construed to extend to the estates of feme coverts
that shall die intestate but that their husbands may demand and have
administration of their rights credits and other personal estates and
recover and enjoy the same as fully as they might have done before the
passing of this act.
And be it fart/ter enacted by t/ze ant/torily aforesaid That it shall
and may be lawful to and for the person administering the government
of this State for the time being by and with the advice and consent of
the council of appointment from time to time and at all times hereafter
to nominate and appoint during the pleasure of the said council, and
commissionate under the great seal of this State a surrogate in each
and every county of this State who shall be and hereby are respect-
ively authorized and empowered to take the proof of the last wills and
testaments and codicils of all persons dying in the several counties for
which such surrogates shall be respectively appointed and commissioned
and to make and issue probates thereof and to grant letters testamen-
tary thereon and to grant administrations with the will annexed in all
cases where it may be necessaary or proper and to grant letters of ad-
ministration of the goods chattles and credits of all persons dying
intestate in the respective counties for which such surrogates shall be
respectively appointed and commissioned. And if it so happen that
any person who is or shall be an inhabitant in any part of this State
shall die while absent from home upon a journey or business the will
of such person if he or she shall have made any shall be proved before
and the probate thereof granted, or if such person shall die intestate,
administration of his or her goods chattles and credits shall be granted,
by the surrogate of the county where such person so dying was an
inhabitant as if such person had died at home: And fart/zer that such
letters testamentary and administrations shall be made in the name of
the people of the State of New York and tested in the name of the sur-
rogate who shall grant or issue the same and be sealed with his seal of
ofﬁce and all such probates letters testamentary and administrations,
shall be as good valid and effectual to all intents and purposes as if the
same were made granted and issued by the judge of the court of pro-
bates of this State, any law usage or custom to the contrary notwith-
standing.
And be it fart/ter enacted by the ant/zority aforesaid, That each of the
said surrogates shall at his own expence cause a seal to be made for his
ofﬁce with such device as they may respectively think proper, upon
which seal shall be inscribed the name of the county for which it is to
be used and the words surrogate seal, and shall deliver a description in
CHAP. 38.] TENTH SESSION. 421
writing of such seal to the secretary of this State, who shall deposit and
record the same in his ofﬁce, there to remain as a public record of this
State.
And be it fart/ter enacted by t/ze ant/zority aforesaid That each of the Recordsto
said surrogates shall record (in books to be provided for that purpose be kept‘n,
i surrogate s
at his own expence,) all wills proved before him together with the proof Office-
thereof, and all letters testamentary and administrations by him issued
or granted, with all things concerning the same, which records shall be
of the same force validity and effect as the like records in the ofﬁce of
the judge of the court of probates of this State: And fart/ter that all
wills proved before any such surrogate shall upon demand after the
same are copied by the surrogate be returned to the person who deliv-
ered the same to such surrogate; or in case of the death, insanity or
removal of such person from this State, before the will shall be delivered
to such person then such will to be returned to any devisee named in
such will, or to the heirs or assigns of such devisee. And in case of
demand of such will from the surrogate by such devisee or the heirs or
assigns of such devisee, on the suggestion of the death, insanity or
removal from this State of the person who delivered the will, the surro-
gate shall not be compelled to deliver such will until the truth of the
suggestion shall be proved to him by the oath of a witness or witnesses,
and which witnesses the surrogate is authorized and required to exam-
ine on oath, touching the truth of the suggestion.
And be it fart/ter enacted by t/ze ant/zorizy aforesaid That every sur~ oath of
rogate so to be appointed and commissioned shall before he enters upon Surrogate;
the execution of his ofﬁce take and subscribe the following oath to wit 23102231 to
“ I surrogate of the county of do solemnly and Egg}?
sincerely promise and swear that I will in all things well and faithfully successor-
execute the ofﬁce of surrogate of the said county according to the best
of my knowledge and ability.” And fart/ter that upon the death or
removal from ofﬁce of any such surrogate the said seal and all original
wills with all records books and papers belonging to the said ofﬁce shall
be delivered over to the successor in ofﬁce upon the oath of the preced-
ing surrogate or of his executors or administrators in case of his death.
And be it fart/ter enacted by t/ze ant/tority aforesaid That in all cases Surrogate
- tohearand
where a caveat shall be entered in the ofﬁce of any such surrogate or determine
any objection be made against the proving of any will or granting of Sgrsltgggfr-
administration of the goods chattles and credits of any person who is probate of
or shall be an inhabitant of the county for which such surrogate shall Egglsigirg
be appointed and commissioned such surrogate shall cause the parties tration.
and witnesses to be cited to appear before him and hear and determine
the matter in controversy according to law and grant and issue such
probates letters testamentary or administrations as shall be agreeable to
law and justice saving to every one conceiving him her or themselves
aggrieved his her and their right of appeal to the judge of the court of
probates of this State so as such appeal be taken within ﬁfteen days
next after the order or sentence appealed from, be made.
And be it fart/ter enacted by t/ze aat/zority aforesaid That in all cases Persons
' ' . ' ' ' ' ‘ dying out
of persons dying out of this State, or of persons dying within this State of state
not inhabitants of this State, their wills shall be proved before, and anddnvp-
administrations of their personal estates when necessary be granted, {,ii‘bﬁ’ei"
by the judge of the court of probates of this State 1n the manner here- gglégtjlifrik
tofore used and before or by no other person. diction.
And be it fart/ter enacted by t/ze aat/zorizj/ aforesaid That the judge of Bonds to
the court of probates of this State and the surrogates of each of the Egrgggég‘ig
respective counties of this State and every of them for the timebeing and surro-
422 LAWs or NEW YORK. [CHAR 3s-
gate’s shall and may upon their respective granting and committing of admin-
istration of the goods of persons dying intestate take of the respective
ﬁéfil‘rfigf person or persons to whom such administration ‘shall be committed,
tration. except where administration shall be granted to a husband of the goods
chattles and credits of his wife, sufﬁcient bonds, with two or more able
sureties, to the people of the State of New York, in such penalty as the
said judge or surrogate shall think reasonable, respect being had to the
value of the estate, with condition as follows to wit “ The condition
Form of of this obligation is such that if the above bound adminis-
bond' trator of all and sin ular the oods chattles and cr dit f
g g e s o
deceased do make or cause to be made a true and perfect inventory of
all and singular the goods chattles and credits of the said deceased,
which have or shall come to the hands, possession or knowledge of the
said or into the hands or possession of any other person or
persons for the said and the same so made do exhibit or cause
to be exhibited (where such bond shall be taken by the judge of the
court of probates) into the registry of the court of probates of this State
(but where such bond shall be taken by a surrogate) into the ofﬁce of
the surrogate of the county of at or before the expiration of six
calendar months from the date of the above written obligation and the
same goods chattles and credits and all other goods chattles and credits
of the said deceased at the time of death which at any time
after shall, come to the hands or possession of the said or into
the hands or possession of any other person or persons for the said
do well and truly administer according to law; and further
when thereunto lawfully required do make or cause to be made a just
and true account of administration and all the rest and residue of the
said goods chattles and credits which shall be found remaining upon the
said administrators account, the same being ﬁrst examined and allowed
of by the judge of the court of probates of this State for the time being,
shall deliver and pay unto such person or persons respectively as the
said judge by his decree or sentence shall pursuant to the true intent
and meaning of the act entitled “An act for settling intestates estates
proving wills and granting administrations,” limit and appoint; and if
it shall hereafter appear that any last will and testament was made by
the said deceased and the executor or executors therein named or any
other person or persons do exhibit the same and request to have it
allowed and approved then if the said being thereunto required
do render and deliver the letters of administration granted on the estate
of the said deceased to the ofﬁce from which the same were issued then
this obligation to be void and of none effect or else to remain in full
force and virtue; which bonds shall be good to all intents and purposes
and pleadable in any courts of justice. And in case any such bonds
Forfeiture shall become forfeited it shall and may be lawful for the judge of the
of bond‘ court of probates of this State to cause the same to be prosecuted in any
court of record at the request of any party grieved by such forfeiture
and the monies recovered upon such bond shall be applied towards
making good the damages sustained by the not performing the said con-
dition in such manner as the said judge shall by his sentence or decree
direct. Andfurther that it shall and may be lawful to and for the
judge of the court of probates of this State to call such administrators
to account for and touching the goods chattles and credits of any per-
son dying intestate and upon hearing and due consideration thereof to
order and make just and equal distribution of what remaineth clear after
debts funeral charges and just expences of every sort ﬁrst allowed and
deducted according to the laws in such cases and the rules and limita-
CHAP. 38.] TENTH SESSION. 423
tions in this act mentioned; and the same distributions to decree and
settle and to compel such administrators to observe and pay the same
by due course of law; and also to hear and determine all causes touch-
ing any legacy or bequest in any last will and testament payable or
coming out of the personal estate ‘of the testator, and to decree and com-
pel payment thereof, saving to every one supposing him her or them-
selves aggrieved, his her and their right of appeal. '
And ﬁe it fart/zer enacted ﬁy t/ze azct/zority aforesaid That if any person Decrees of
or persons shall neglect or refuse to perform any such sentence or decree of the judge of the court of probates of this State it shall and may be how 611-’
lawful to and for the judge of the said court for the time being to cause forced‘
such person or persons by process directed to any sheriff of any county
of this State to be taken and imprisoned until he she or they shall per—
form the same sentence or decree and every sheriff is hereby directed to
cause all such process to him at any time directed to be duly executed
and to conﬁne the persons against whom such process shall be issued as
in execution until they shall be delivered by due course of law; and if
any sheriff shall neglect his duty therein he shall be answerable to the
party grieved in such manner as he would be answerable upon process
of the like nature issuing out of the supreme court.
And ﬁe it fart/ier enacted ﬁy t/ce acct/cority aforesaid That no distribu- Distribu-
tion of the goods chattles and credits of any person dying intestate shall {,lglfngggto
be made until after one year be fully expired after granting administra- until after
tion thereof. And that each and every one to whom any distribution Bﬁﬁg‘iﬁe
and share shall be allotted or any legacy or bequest paid or delivered gl‘g‘gzlzgr
shall give bond with sufﬁcient surities to the administrators or execu- 91- admin-
tors. That if any debt or debts truly owing by the intestate or testator lstmtor'
as the case may be shall be afterwards sued for and recovered or other—
wise duly made to appear and which there shall be no other assets to pay
that then and in every such case he or she shall respectively refund and
pay back to the administrators or executors his or her rateable part of
such debt or debts, and of the costs of suit and charges by reason of
such debt or debts out of the part and share so allotted to him or her or
out of such legacy, thereby to enable the said administrators or execu-
tors to satisfy such debt or debts.
And ﬁe it fartker enacted ﬁy t/ce ant/cority aforesaid That no adminis- Account—
trator or executor shall be cited to the said court of probates to render gnﬁitgnlis, at
an account of the personal estate of his intestate or testator otherwise Suit 915
than by an inventory or inventories thereof, unless it be at the instance f'ggegget‘g'gr
or prosecution of some person or persons in behalf of a minor or having "ex" Of km
a demand out of such personal estate as a creditor legatee or next of
kin, nor be compellable to account before the said court otherwise than
as is aforesaid, any thing in this act or any law usage or custom to the
contrary notwithstanding.
And ﬁe it fart/cer enacted ﬁy t/ze ant/corny aforesaid That in all cases Adminis-
where any administration shall be granted with a will or testament $331,031,,
annexed either by the judge of the court of probates of this State or by will
any surrogate of any county of this State the will of the deceased in such annexed‘
testament expressed shall be observed and performed. Andfart/zer that
all former proceedings according to the provisions of such laws as were
in force before the passing of this act and all rights and claims agreeable
to the provisoes of this act, shall be and hereby are conﬁrmed.
And ﬁe it fartker enacted ﬁy tke antkority aforesaid That instead of Fees of
the fees allowed to the surrogates in and by an act entitled “An act for gléirgggate’s
regulating the fees of the several ofﬁcers and ministers of the courts of '
justice within this State,” the following and no other fees shall be
424
LAWS OF NEW YORK. [CHAR 39.
Surrogate
not to ex—
act fees
where
estate is
less than
£15.
Acts
[recited
repealed.
Courts to
proceed
according
to course
of common
law.
Courts to
exercise
former
powers
until
May 1.
Preamble.
allowed to such surrogates that is to say, for administring an oath one
shilling; for drawing the proof of a will or codicil for each folio consist-
ing of one hundred and twenty eight words one shilling and six pence,
for recording wills and codicils of the proof thereof, and recording let-
ters testamentary, and letters of administration, for each folio consisting
of one hundred and twenty eight words, one shilling; for a probate of a
will and the letters testamentary thereon, for each folio consisting of
one hundred and twenty eight words, one shilling; for the seal of the
same four shillings; for a bond upon granting administration, four shil-
lings; for letters of administration, for each folio consisting of one hun-
dred and twenty eight words, one shilling; for the seal of the same, four
shillings; for entering and ﬁling a caveat one shilling and six pence; for
a citation including the seal, six shillings; for taking and ﬁling arenun-
ciation, three shillings; for ﬁling an inventory, one shilling; for every
search for records in his office, one shilling; for copies of records, for
each folio consisting of one hundred and twenty eight words, one shil-
ling.
And be it fart/cer enacted by Me ant/zority aforesaid That whenever it
shall appear to the surrogate by the oath of the person applying for
letters testamentary, or letters of administration, that the goods chattles
and credits of the testator or intestate do not exceed in value the sum
of ﬁfteen pounds, no fees shall be exacted by or paid to the surrogate
on granting letters testamentary, or letters of administration of the goods
chattles and credits of such testator or intestate, any thing herein before
contained to the contrary thereof in any wise notwithstanding.
And be it fart/ter enacted by t/ze ant/iority a oresaid That the several
acts of the legislature of the late colony of New York “for the super-
vising intestate’s estates, and regulating the probate of wills and grant-
ing letters of administration” and for extending the same to several
counties and “ for the better settling of intestates estates,” shall be and
hereby are repealed.
And be it fart/cer enacted by ﬁle ant/cority aforesaid, That the courts of
the said surrogates, and the said court of probates, in the matters sub-
mitted to their cognizance respectively by this act, shall proceed accord-
ing to the course of the courts having, by the common law, jurisdiction
of the like matters: Prooided That the same shall not be construed to
extend to the inﬂicting any ecclesiastical pains or penalties whatsoever.
Provided always,
And be it fart/zer enacted by ﬁle ant/zority aforesaid, That it shall and
may be lawful for the judge of the court of probates, and the surrogates
in the several counties within this State, to continue to exercise the like
powers they were respectively vested with immediately before the pass-
ing of this act, until the ﬁrst day of May next.
CHAP. 39.
AN ACT for the better securing the liberty of the citizens of this
State, and for prevention of imprisonments.
PAssED the 21st of February, 1787.
WHEREAS great delays have been used by sheriffs, gaolers and other
ofﬁcers, to whose custody persons have been committed for criminal or
supposed criminal matters, in making returns of writs of habeas corpus
CHAP. 39.] TENTH SESSION.
425
to them directed, and by other shifts, to avoid their yielding obedience
to such writs, contrary to their duty, and the known laws of the land,
whereby many persons have been, and hereafter may be, long detained
in prison, in such cases, where by law they are bailable, to their great
charges and vexation: For the prevention whereof, and the more
speedy relief of all persons imprisoned for any such criminal, or sup-
posed criminal matters,
Be it enacted by t/ze People of tbe State of New York, represented in
Senate and Assembly, and it is bereby enacted by Me az/t/zority of tbe sanze,
That whensoever any person or persons shall bring any habeas corpus,
directed to any sheriff, gaoler, minister or other person or persons what-
soever, for any person in his, or their custody, and the said writ shall
be served upon the said ofﬁcer, or other person or persons, or left at the
gaol or prison, with any of the under ofﬁcers, under keepers or deputy
of the said ofﬁcers, or keepers, that the said ofﬁcer or ofﬁcers, his or
their under ofﬁcers, under keepers or deputies, or other person or per-
sons, shall within three days after the service thereof as aforesaid, (unless
the commitment aforesaid were for treason or felony, plainly and speci-
ally expressed in the warrant of commitment.) upon payment or tender
of charges of bringing the said prisoner, to be ascertained by the judge
or court that awarded the same, and indorsed upon the said writ, not
exceeding twelve pence per mile, and upon security given by his own
bond, to pay the charges of carrying back the prisoner, if he shall be
remanded by the court or judge, to which he shall be brought, accord-
ing to the true intent of this act, and that he will not make any escape
by the way, make return of such writ, and bring or cause to be brought
the body of the party so committed or restrained, unto or before the
chancellor of this State for the time being, or the justices of the supreme
court, or unto or before such of them before whom the said writ is made
returnable, according to the command thereof, and shall then likewise
certify the true causes of his detainer or imprisonment, unless the com-
mitment of the said party be in a place beyond the distance of twenty
miles from the place or places where such court or person is, or shall be
residing; and if beyond the distance of twenty miles and not above
one hundred miles, then within the space of ten days, and if beyond the
distance of one hundred miles, then within the space of twenty days
after such delivery as aforesaid, and not longer. And to the intent that
no sheriff, gaoler or other ofﬁcer, may pretend ignorance of the import
of any such writ;
Be it fart/zer enacted by t/ze ant/zorizy aforesaid That all such writs
shall be marked in this manner, by the statute, and be signed by the
person that awards the same; and if any person or persons shall be or
stand committed, or detained as aforesaid, for any crime, unless for
treason or felony plainly expressed in the warrant of commitment, in
the vacation time, and out of term, it shall and may be lawful to and
for the person or persons so committed or detained, (other than persons
convict, or in execution by legal process) or any one, on his, or their
behalf, to apply or complain to the chancellor, or any one of the justices
of the supreme court, and the said chancellor or justices, or any of them,
'upon view of the copy or copies of the warrant or warrants of commit
ment, and detainer, or otherwise, upon oath made that such copy or
copies were denied to be given by such person or persons in whose cus-
tody the prisoner or prisoners is, or are detained, are hereby authorized
and required, upon request made in writing by such person or persons,
or any on his, her, or their behalf, attested and subscribed by two wit
nesses who were present at the delivery of the same, to award and grant
VoL. 2. —— 54
Habeas
corpus,
prisoner
to be pro-
duced by
sheriﬂ on
writ of.
Issuance
of writs
duﬁng
vacation
time
426
LAWS OF NEW YORK. [CHAR 39..
Court to
admit pris-
oner to bail
for the
next gen—
eral ses-
sions or
gaol deliv-
ery.
an habeas corpus, under the seal of such court whereof he shall then be
one of the judges, to be directed to the ofﬁcer or ofﬁcers, or person or
persons in whose custody the party so committed or detained shall be,
returnable immediately before the said chancellor or justice of the said
supreme court; and upon service thereof as aforesaid, the ofﬁcer or
ofﬁcers, his or their under ofﬁcer, or under ofﬁcers, under keeper or
under keepers, or their deputy, or person or persons in whose custody
the party is so committed or detained, shall, within the times respectively
before limited, bring such prisoner or prisoners before the said chancel-
lor, or justices of the said supreme court, or one of them, before whom
the said writ is made returnable; and in case of his absence, before any
other of them, with the return of such writ, and the true causes of the
commitment and detainer; and thereupon, within two days after the
party shall be brought before them, the said chancellor, or such justice,
before whom the prisoner shall be brought as aforesaid, shall discharge
the said prisoner from his imprisonment, taking his or their recognizance,
with one or more surety or sureties, in any sum according to their dis-
Cretions, having regard to the quality of the prisoner, and nature of the
offence, for his, or their appearance in the supreme court, the term fol-
lowing, or at the next general sessions or gaol delivery, of and for such
county, city or place, where the commitment was, or where the offence
.was committed, or in such other court, where the said offence is prop-
Penalty for
refusal by
sheriﬂ.’ or
other oﬂi-
cer to obey
writ of
habeas
corpus.
erly cognizable, as the case shall require; and shall then certify the said
writ, with the return thereof, and the said recognizance or recognizances,
into the said court where such appearance is to be made; unless it shall
appear unto the said chancellor or justice or justices, that the party so
committed, is detained upon a legal process, order or warrant, out of
some court that hath jurisdiction of criminal matters, or by some war-
rant signed and sealed with the hand and seal of any of the said justices,
or some justice or justices of the peace, for such matters or offences,
for the which by the law the prisoner is not bailable. But if any person
shall have wilfully neglected by the space of two whole terms after his
imprisonment, to pray a habeas corpus for his enlargement, such person
so wilfully neglecting, shall not have any habeas corpus to be granted
in vacation time in pursuance of this act.
And he it further enacted hy the authority aforesaid, That if any ofﬁcer
or ofﬁcers, his or their under ofﬁcer or under ofﬁcers, under keeper or
under keepers, or deputy, or other person or persons, shall neglect or
refuse to make the returns aforesaid, or to bring the body or bodies of
the prisoner or prisoners, according to the command of the said writ,
within the respective times aforesaid, or upon demand made by the
prisoner, or any person in his behalf, shall refuse to deliver, or within
the space of six hours after demand shall not deliver, to the person so
demanding a true copy of the warrant or warrants of commitment and
detainer of such prisoner, which he and they are hereby required to
deliver accordingly, all and every the head gaolers, and keepers of such
prisons, and such other person or persons in whose custody the prisoner
shall be detained, shall for the ﬁrst offence, forfeit to the prisoner or
party grieved, the sum of one hundred pounds, and for the second
offence the sum of two hundred pounds, and shall, if an ofﬁcer, he and
is hereby made incapable to hold or execute his said ofﬁce; the said
penalties to be recovered by the prisoner or party grieved, his or her
executors or administrators, against such offender, his executors or ad-
ministrators, by action of debt, suit, bill, plaint or information, in any
court of record, wherein no privilege, injunction or stay of prosecution
by non vult ulterius prosequi, or otherwise, shall be admitted or allowed,
CHAP. 39.] TENTH SESSION.
427
or any more than one imparlance: and any recovery or judgment at
the suit of any party grieved, shall be a sufﬁcient conviction for the ﬁrst
offence; and any after recovery or judgment at a suit of a party grieved,
for any offence after the ﬁrst judgment, shall be a sufﬁcient conviction
to bring the ofﬁcers, or person or persons, within the said penalty, for
the second offence.
And for prevention of unjust vexation, by reiterated commitments
for the same offence,
Be it fccrt/zer enacted ﬁy t/ze ant/zerity aforesaid, That no person or
persons, who shall be delivered or set at large, upon any habeas corpus,
shall at any time thereafter be again imprisoned or committed for the
same offence, by any person or persons whatsoever, other than by the
legal order and process of such court, wherein he or they shall be bound
by recognizance to appear, or other court having jurisdiction of the
cause : and if any other person or persons shall knowingly, contrary to
this act, recommit or imprison, or knowingly cause or procure to be
recommitted or imprisoned for the same offence, or pretended offence,
any person or persons delivered or set at large as aforesaid, or be know-
ingly aiding or assisting therein, then he or they shall forfeit to the
prisoner or party grieved, the sum of ﬁve hundred pounds, any colour-
able pretence or variation in the warrant or warrants of commitment
notwithstanding, to be recovered as aforesaid.
And ﬁe it fccrt/zer enacted ﬁy t/ze ant/zority aforesaid, That if any per-
son or persons shall be committed, for any treason or felony, plainly
and specially expressed in the warrant of commitment, upon his prayer
or petition in open court, the ﬁrst week of the term, or ﬁrst day of the
sessions of oyer and terminer, or gaol delivery, to be brought to his
trial, shall not be indicted some time in the next term, sessions of oyer
and terminer, or gaol delivery, after such commitment, it shall and may
be lawful to and for the justices of the supreme court, and justices of
oyer and terminer or gaol delivery, and they are hereby required, upon
motion to them made in open court, the last day of the term, sessions
or gaol delivery, either by the prisoner, or any one in his behalf, to set
at liberty the prisoner, upon bail, unless it appear to the justices, upon
oath made, that the witness against the prisoner could not be produced,
the same term, sessions, or gaol delivery. And if any person or persons
committed as aforesaid, upon his prayer or petition in open court, the
ﬁrst week of the term, or ﬁrst day of the sessions of oyer and terminer,
or gaol delivery, to be brought to his trial, shall not be indicted and
tried the second term, sessions of oyer and terminer, or gaol delivery,
after his commitment, or, upon his trial, shall be acquitted, he shall be
discharged from his imprisonment.
Provided always, That nothing in this act shall extend to discharge
out of prison, any person charged in debt, or other action, or with pro-
cess in any civil cause, but that after he shall be discharged of his im-
prisonment for such his criminal offence, he shall be kept in custody
according to the law for such other suit.
And ﬁe it fart/zer enacted ﬁy t/ze ant/cority aforesaid, That if any per-
son or persons, citizens of this State, shall be committed to any prison,
or in custody of any ofﬁcer or ofﬁcers whatsoever, for any criminal or
supposed criminal matter that the said person shall not be removed from
the said prison and custody, into the custody of any other ofﬁcer or
ofﬁcers, unless it be by habeas corpus, or some other legal writ or pro-
cess, or where the prisoner is delivered to the constable or other infe-
rior ofﬁcer, to carry such prisoner to some common gaol, or where any
‘person is sent by order of any court or judge or justice of the peace, to
Persons
discharged
not to be
rearrested
on same
charge,
except as
speciﬁed.
Person
praying to
e tried, if
not tried at
ﬁrst; term,
to be let to
bail; if not
at second
term. to be
discharged
Proviso:
discharge
not to
affect other
process.
Prisoner
not to be
removed
from cus-
tody or
prison ex-
cept by
Writ of
habeas
corpus or
order of
court.
428
LAWS OF NEW YORK. [CHAR 39.
Penalty
for refusal
of Writ of
habeas
corpus.
Citizens of
this State
not to be
sent out of
State for
trial for
acts done
in this
State; pen-
alties re-
coverable
in such
case.
any common work house, or house of correction, or where the prisoner
is removed from one prison or place, to another Within the same county,
in order to his, or her trial, or discharge, in due course of law, or in
case of sudden ﬁre or infection, or other necessity ; and if any person
or persons shall, after such commitment aforesaid, make out and sign,
or countersign, any Warrant or warrants, for such removal aforesaid,
contrary to this act, as well he who makes or signs, or countersigns such
warrant or warrants, as the ofﬁcer or ofﬁcers who obey or execute the
same, shall for every offence forfeit to the prisoner or party grieved
two hundred pounds, to be recovered in manner aforesaid, by the party
grieved.
A 1m’ [w it flél’l/ZC?’ marred by 2716 az/f/wrz'zj/ aforesaid, That it shall and
may be lawful to and for any prisoner and prisoners as aforesaid, to
move for and obtain his or their habeas corpus, as Well out of the court
of chancery, as out of the supreme court; and if the chancellor, or any
justice of the supreme court, for the time being, in the vacation time,
upon view of the copy or copies of thewarrant or warrants of commit-
ment, or detainer, or upon oath made that such copy or copies were
denied as aforesaid, shall deny any writ of habeas corpus, by this act
required to be granted, being moved for as aforesaid, they shall seve-
rally forfeit to the prisoner or party grieved, the sum of five hundred
pounds, to be recovered in manner aforesaid.
And for preventing illegal imprisonments of the citizens of this State,
in prisons out of this State.
Be it fuzz/ter marred by 2726 azzZ/wrz'fy afaresaz'd, That no citizen of
this State, who now is, or hereafter shall be an inhabitant or resident
within this State, shall or may be sent prisoner to any place whatsoever,
out of this State for any crime or offence committed within this State;
and that every such imprisonment, is hereby enacted and adjudged to
be illegal; and that if any of the said citizens now is, or hereafter shall
be so imprisoned, every such person and persons so imprisoned, shall
and may for every such imprisonment, maintain, by virtue of this act,
an action or actions of false imprisonment, in any court of record,
against the person or persons by whom he or she shall be so committed,
detained, imprisoned, sent prisoner, or transported, contrary to the true
intent and meaning of this act, and against all or any person or per-
sons, who shall frame, contrive, write, seal, sign or countersign, any
warrant or writing for such commitment, detainer, imprisonment or
transportation, or shall be advising, aiding or assisting in the same, or
any of them; and the plaintiff in every such action shall have judg-
ment to recover treble costs, besides damages; which damages so to be
given, shall not be less than ﬁve hundred pounds, in which action no
delay, stay or stop of proceeding, by rule, order or command, nor no
injunction or privilege whatsoever, nor any more than one imparlance
shall be allowed, excepting such rule of the court wherein the action
shall depend, made in open court, as shall be thought in justice neces—
sary for special cause to be expressed in the said rule. And the person
or persons who shall knowingly frame, contrive, write, seal, sign, or
countersign, any warrant for such commitment, detainer or transporta—
tion, or shall so commit, detain, imprison or transport, any person or
persons contrary to this act, or be any wise advising, aiding or assist-
ing therein, being lawfully convicted thereof, shall be disabled from
thenceforth to bear any ofﬁce of trust or proﬁt within this State, and
shall forfeit to the people of this State, all his goods and chattels, and
the issues and proﬁts of his lands and tenements, during his natural life.
CHAP. 59.] TENTH SESSION. 429
Provided always, that nothing in this act shall extend to give beneﬁt Proviso;
to any person who shall, by contract in writing, agree with any mer- gggggcom
chant or owner of any plantation, or other person whatsoever, to be tracts
. _ where ear-
transported to any place out of this State, or to any part beyond the nest paid,
seas, and receive earnest upon such agreement, although that afterwards
such person shall renounce such contract.
Prozn'ded also, that if any person or persons lawfully convicted of any Id.; not
felony, shall 1n open court pray to be transportedbeyond the seas, and §f§j,‘;“p,,,,,,_
the court shall think ﬁt to leave him or them in prison for that purpose; giggnfor
such person or persons may be transported into any parts beyond the y’
seas, this act, or any thing therein contained, to the contrary notwith-
standing.
Bro'oided also, that if any person or persons at any time resident in Id-= not to
. . . . - aﬂ'ect tree...
this State, shall have committed or be charged with having committed Son against
- ~ ' other
any treason, felony, or other high m1sdemeanor,1n any other of the States.
United States of America, where he or she ought to be tried for such
offence, such person or persons may be sent to such place, there to
receive such trial, in such manner as the same might have been used,
before the making of this act, any thing herein contained, to the con-
trary notwithstanding.
Provided also, and be it fart/zer enacted by Me aat/zority aforesaid, Prosecu-
That no person or persons shall be sued, impleaded, molested or $3382?
troubled, for any offence against this act, unless the party offending be gggitlsggﬁs
sued or impleaded for the same, within two years at most, after such brought
time wherein the offence shall be committed, in case the party grieved two
shall not then be in prison; and if he or she shall be in prison, then
within the space of two years after the decease of the person imprisoned,
or his or her delivery out of prison, which shall ﬁrst happen.
And be it fart/ter enacted by t/ze azct/zority aforesaid, That if any infor- Pleadings
mation, suit or action, shall be brought or exhibited against any person 1,“, ggﬁfongg
or persons, for any offence committed, or to be committed against the br0usht_
form of this law, it shall be lawful for such defendants, to plead the 23361‘ thls
general issue, that they are not guilty, or that they owe nothing, and to
give such special matter in evidence to the jury that shall try the same,
which matter being pleaded, had been good and sufﬁcient matter in law,
to have discharged the said defendant or defendants against the said
information, suit or action; and the said matter shall be then as availa-
ble, to him or them, to all intents and purposes, as if he or they had
sufﬁicently pleaded, set forth or alledged the same matter, in bar or
discharge of such information suit or action.
And to the intent that no person may avoid his trial, at the sessions
of oyer and terminer or gaol delivery, by procuring his removal before
the setting of the same court, at such times as he cannot be brought
back to receive his trial there.
Be it fart/zer enacted by t/ze ant/zority aforesaid, That after the sessions Writs of
of oyer and terminer, or gaol delivery proclaimed for that county where 233%;
the prisoner is detained, no person shall be removed from the common ghgélhggllg
gaol upon any habeas corpus granted in pursuance of this act; but upon before
any such habeas corpus, shall be brought before the justice or justices gitl‘flgff
of the circuit court, in open court, who is or are thereupon to do what livery-
to justice shall appertain.
Provided, that after the sessions of oyer and terminer, or gaol delivery
are ended, any person or persons detained, may have his or their habeas
corpus, according to the direction and intention of this act.
And because oftentimes persons charged with felony, or as access-
saies thereunto, are committed upon suspicion only, whereupon they are
430
LAWS OF NEW YORK. [CHAR 4i.
Person
arrested
for felony,
bailing of.
Abraham
Lott to be
discharged
from ous-
tody on
security
given.
Frederick
Weissen-
fels, relief
of
bailable, or not, according as the circumstances making out that suspic-
ion, are more or less weighty, which are best known to the justices of
the peace who committed the persons, and have the examinations
before them, or to other justices of the peace in the county. Therefore
Be it further enacted hy the authority aforesaid, That where any per-
son shall appear to be committed by any judge or justices of the peace,
and charged as accessory before the fact, to any felon r, or upon suspic-
ion thereof, or with suspicion of any felony, which felony shall be plainly
and specially charged in the warrant of commitment, that such persons
shall not be removed or hailed by virtue of this act, or in any other
manner than they might have been, before the making of this act.
CHAP. 40.
AN ACT for the relief of Abraham Lott.
PASSED the 23rd of February, I787.
Be it enacted hy the People of the State of New Yorh represented in
Senate and Assenzhiy, and it is herehy enacted hy the authority of the same,
That it shall and may be lawful for the treasurer of this State, to dis-
charge Abraham Lott late treasurer of the late colony now State of
New York from the judgment obtained against him by the people of
this State, upon his paying and discharging the costs and poundage of
the suit against him and on his paying to the treasurer, two hundred
pounds in certiﬁcates issued or to be issued by the said treasurer, and
on his giving to the said treasurer sufﬁcient security for the payment of
the ballance of the sum for which the said judgment was obtained,
within two years from the passing of this act, in certiﬁcates issued or to
be issued by the treasurer of this State.
CHAP. 41.
AN ACT for the relief of Frederick Weissenfels.
PASSED the 23rd of February, 1787.
Be it enacted hy the People of the State of New Yorh represented in
Senate and Assenzhiy, and it is herehy enacted hy the authority of the same,
That it shall and may be lawful for the treasurer of this State to receive
a bond from Frederick Weissenfels to the people of this State, for such
sum as shall be found due from him to them, to be paid in certiﬁcates
issued, or to be issued by the said treasurer, and thereupon to discharge
him from the suit commenced against him by the people of this State.
CHAP. 42.] TENTH sEssioN.
431
CHAP. 42.
AN ACT to regulate the election of charter ofﬁcers in the city
of New York.
PASSED the 23rd of February, 1787.
Be it enacted ﬁy t/ze People of tke State of New York, represented in
Senate and Assenzﬁly, and it is kereﬁy enacted ﬁy t/ze ant/cority of t/ze same,
That the mayor, aldermen and commonalty of the city of New York, in
common council convened, shall and may, on such day in the month of
September, in every year hereafter, as to them shall seem meet, at least
eight days before the day of election of ofﬁcers to be chosen in and for
the said city, by virtue of the charter thereof, ﬁx upon a proper place
in each respective ward where such election shall be held; and nomi-
nate and appoint a ﬁt and discreet person, for each respective ward in
the said city, being a resident in the ward, for which he shall be so
appointed, and a freeholder there, or a freeman of the said city, to pre-
side at, and be the inspector or returning ofﬁcer, as well of the election
of the said ofﬁcers to be chosen in the month of September, for the year
next ensuing, to see that the same respective elections be fairly con-
ducted and had, as for the election of such ofﬁcers respectively, as
shall be to be chosen, in the same year, to ﬁll any vacancy or vacancies,
which from time to time shall or may happen in any of the said ofﬁces,
by death, removal out of the said city, refusal to serve, or otherwise.
And fnrt/zer that in case any of the said inspectors shall die, remove out
of the said city, refuse to serve, or be rendered incapable of attending
any of the said elections, before, or on the day on which the same is to
be held, that then and in such case, it shall and may be lawful to and
for the said mayor, aldermen and commonalty of the city of New York,
in common council convened, or the major part of them, to appoint
another ﬁt and discreet person, being a resident in the ward in which
such election shall be to be held, and a freeholder there, or a freeman
of the said city, to be an inspector of the said election, in the room and
stead of the said person, so dying, removing, refusing to serve, or being
rendered incapable of attending the said election, and so as often as the
said case shall happen. And fnrt/zer, thatleach of the said persons so
to be from time to time nominated and appointed to be inspectors of
the said respective elections, shall appoint a person, properly qualiﬁed,
to act as clerk at the election to be held in their respective wards, and
shall tender and administer to such clerk (who is hereby directed and
required to take the same) the following oath, to wit “ I do solemnly
and sincerely swear and declare in the presence of Almighty God, that
I will truly and impartially execute the trust reposed in me as a clerk of
this election, for the ward of the city of New York.” And
shall thereupon in the presence of the said inspector, in a poll book, to
be provided for the purpose, set down the name of each voter, and for
whom he shall vote, and whether he votes as a freeholder or freeman;
which said poll book, shall immediately after the closing of the poll of
every of the said elections, be subscribed with the proper name and
hand writing of such inspector, and be by him delivered to the clerk of
the. said city or his deputy, to be by him delivered to the said mayor
aldermen and commonalty of-the city of New York, in common council
convened. And fzcrt/zer, that the respective clerks of the said elections,
New York
city, elec-
tion for
charter
ofﬁcers in;
notice; in-
spectors.
Vacancy
in ofﬁce of
inspector,
how ﬁlled.
Poll clerks,
LAWS OF NEW YORK. [CHAR 42.
Elections
to ﬁll
vacancies
in city
i‘ofﬁces.
Penalty for
neglect of
inspector
to act.
Where
inspector
fails to act,
vacancy to
be ﬁlled as
provided
by charter.
Qu aliﬂca-
tions of
electors;
freeholders
Freemen.
Oaths to
be taken by
electors.
shall be allowed the sum of sixteen shillings, for each election, to be
paid by the said mayor, aldermen and commonalty of the city of New
York. .
A/zd ﬁe z'z‘farz‘lzer enacted ﬁy Z/ze azeZ/zorz'zj/ aforesaid, That in case it shall
so happen, that any of the aldermen, assistants, assessors, collectors or
constables, so chosen, shall die, or remove out of the said city, before
the day by the said charter appointed for the annual election of such
ofﬁcers, or, being duly elected, shall refuse to serve in the ofﬁce to which
he or they shall respectively be chosen, then and in such case, it shall
and may be lawful to and for the said mayor, aldermen and common-
alty of the city of New York, in common council convened, to order an
election or elections to be held to ﬁll such vacancy or vacancies, and
appoint a place in the respective wards, and the time, (not less than ﬁve
days previous to such intented eleetion,) for holding the said election,
and to give notice thereof to the inspector of the ward in which such
vacancy shall happen, and so as often as any such vacancy shall happen,
and that the said inspector shall forthwith cause the same to be pub-
lished, by advertisements put up in at least three of the most public
places of the ward.
A/zd ﬁe z'z‘ fart/lor eizaez‘ed ﬁy z‘ﬁe azez‘ﬁorz'zj/ aforesaid, That if any per-
son, who shall be nominated and appointed as an inspector as aforesaid,
shall neglect or refuse to execute the said ofﬁce, every such person shall
forfeit and pay, for every such neglect or refusal, to the use of the cor-
poration of the said city, the sum of twenty pounds, to be levied by
Warrant, under the seal of the said city, signed by the mayor or recorder,
for the time being.
And ﬁe z'z‘furz‘ﬁer ezzaez‘ed ﬁy t/ze azez‘lzorz'zjl aforesaid, That in case the‘
said mayor, aldermen and commonalty of the city of New York, in com-
mon council convened, shall neglect to appoint such persons as inspec-
tors of the election for any of the ofﬁcers aforesaid, or if the personsso
to be nominated and appointed, or any of them, shall not attend or do
the duty of their said office, at any election in any ward of the said city,
that then the said election of the said ofﬁcers, or such of them as shall
then be to be chosen, in such respective ward, shall be had and made
according to the directions in the charters granted to the said city, any
thing in this act contained, to the contrary hereof, in any wise notwith-
standing.
A 12d ﬁe z'z‘farZ/zer enacted ﬁyZ/ze azet/zorz'zj/ aforesaid, That no person shall
vote, at any of the said elections, as a freeholder, but such as shall be
possessed of a freehold estate, in his own right, or in the right of his
Wife, in lands or tenements to the value of twenty pounds, over and
above all debts charged thereon, within such ward of the said city where
he shall vote, and shall have possessed the same one month at the least,
before the day of such election, unless he shall hold his estate by descent
or devise. And fart/lei", that no person shall vote at any of the said
elections, as a freeman of the said city, unless he shall have been
admitted to the freedom of the said city, three months at the least,
before the day of such election, and shall have actually resided in the
ward, in which he shall so vote, for one month before the day of such
election. Andfurt/zer, that every elector, before he shall be admitted
to poll at the said election, shall, if required by the inspector of such
election, ﬁrst take the following oath, which oath each of such inspectors
is hereby authorised to tender and administer, that is to say, if the said
elector votes as a freeholder, the oath following, to wit I do
solemnly and sincerely swear and declare in the presence of Almighty
God, that I am and (if he shall not hold his estate by descent or devise)
CHAP. 43.] TENTH SESSION.
have been for one month next and immediately preceding this election,
a freeholder, and possessed of a freehold in my own right, (or in my
wife’s right, as the case may be,) of the value of twenty pounds, in the
ward in which I now offer to vote; that I do not hold the same in trust
for any body politic or corporate, or for any pious or religious use what-
soever; that I have not been before polled at this election, and that I
have not procured this freehold under any obligation or promise to
re-convey the same to the seller, after this election.” And if the said
elector shall vote as a freeman, the following oath, to wit, “ I do
solemnly and sincerely swear and declare in the presence of Almighty
God, that I am and have been for three months next and immediately
preceding this election, a freeman of the city of New York, and have
actually resided in the ward in which I now offer to vote, one month
now last past, and that I have not been before polled at this election.”
And be it fart/ter enacted by t/ze ant/iority aforesaid, That if any free-
holder or freeman shall refuse or neglect to take the oath by this act
appointed to be taken by him or them respectively; or if any elector
shall refuse or neglect to declare whether he votes in the right of a free-
holder or freeman, (being thereunto respectively required by the in-
spector,) then and in such case, the poll or vote of such person or per-
sons so neglecting or refusing, shall be, and the same is hereby declared
to be, null and void, and as such shall be rejected and disallowed ; any
charter, law, usage, or custom, to the contrary hereof, in any wise not-
withstanding.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That every mort-
gager, while he continues in the occupation of the premises mortgaged,
and every mortgagee of a real estate, to him and his heirs, after he
obtains possession of the mortgaged premises, and every person pos-
sessed of a freehold in right of his wife, shall be deemed and esteemed
a freeholder within the meaning of this act. But that no person or
persons, holding lands, tenements or hereditaments, in trust for any
body politic or corporate, or for any religious or pious use or purpose,
in virtue of such trust, nor any person under the age of twenty one
years, shall be qualiﬁed to vote for any of the ofﬁcers aforesaid, which
shall hereafter be to be chosen, in and for the said city.
And be it fart/ter enacted by Me azct/zority aforesaid, That every per-
son seised of a freehold estate, of and in any houses or lots of ground,
of value sufﬁcient by this act to entitle him to a vote, lying and being
on the east side of and fronting to the Broad Way, in the said city of
New York shall vote for the ofﬁcers aforesaid, in the west ward only,
and not in the north ward of the said city, altho’ their lots of ground
fronting the said Broad \Vay, shall extend in the same north ward; any
charter, law, usage or custom, to the contrary hereof, in any wise not~
withstanding.

CHAP. 43.
AN ACT concerning ﬁnes and recoveries oflands and tenements.
PASSED the 26th of February, I787.
Be it enacted by t/ze Peo/rle of tbe State of New York, represented in
Senate and Assembly, and it is lzereby enacted by t/ze azct/zority of tbe sanze,
That all ﬁnes of lands and tenements shall be levied in the supreme
court, before the justices of the same court, and not elsewhere; and
VOL. 2. — 55
Where
electors
refuse to
take oath,
vote to be
rejected.
Who
deemed
freeholders
Freehold-
ers in the
west ward.
Fines of
lands and
tenements,
how levied.
434
LAWS OF NEW YORK. [CHAR 43.
Fine levied
a bar to a
persons,
parties or
not.
Fees on
the levying
of ﬁnes.
Procedure
for levying
of ﬁnes.
that when the original writ is returned and delivered to the court, a
pleader, in the presence of the parties, before the justices, shall say to
the court, “ We pray leave to agree,” and one of the justices shall say,
“Leave is granted by the court; ” and when the parties have made
their agreement, proclamation shall be made that all persons keep
silence while the agreement between the parties is read ; and the pleader
shall then read the concord between the parties, in open court, and
then deliver the same into court, where the cognizors shall acknowledge
and sign the same in the presence of the justices. And it is to be
known, that the order of the law will not suffer a ﬁnal accord to be
levied, without an original writ, and that must be in the supreme court,
before two justices of the same court at the least, and in the presence
of the parties named in the writ, who must be of full age, of sound
memory, and out of prison ; and if a woman covert be one of the par-
ties, she must be ﬁrst examined by one of the said justices, and if she
doth not assent thereunto, the ﬁne shall not be levied. And the cause
wherefor such solemnity ought to be observed in a ﬁne, is because a ﬁne
is so high a bar, of so great force, and of so strong a nature in itself,
that it concludeth not only such as be parties and privies thereto, and
their heirs, but all other people of the world, being of full age, not
covert of baron within this State, out of prison, and of sound memory,
the day of the ﬁne levied, if they make not their entry and bring their
action within ﬁve years after the ﬁne levied.
And be it flﬁ’f/léi’ eezaez‘ea’ éy Z/ze aaf/zorz'zj/ aforesaid, That nothing
shall be taken or paid for any writ or writs of covenant for levying of
any ﬁnes, but the accustomed fees for writing, and for the seal of the
same writ or writs; and that all duties and impositions heretofore
demanded and taken upon levying of ﬁnes, for the alienation or licence
to agree, under the names of ﬁnes, post-ﬁnes, and the kings silver, shall
be and hereby are for ever abolished.
Ana’ ﬁe 2'2‘ fZH'f/ZH’ eﬂaez‘ea’ a)! ﬁle aaf/20r2'2j/ aforesaid, That as well the
parties demandant or plaintiff, as the tenants or defendants, that will
yield or acknowledge their right of land or tenements unto others, in
pleas, of warrantia chartae, covenant, or other pleas, whereupon ﬁnes are
to be or may be levied, shall before such ﬁnes do pass, appear person-
ally in the said supreme court, so that their age, idocy, or any other
default (if any be) may be adjudged and discerned by the justices : but
if any person or persons willing to levy such ﬁne or ﬁnes, shall be out
of this State, or cannot by reason of age, sickness or other reasonable
impediment come in person before the justices in the said supreme
court, to acknowledge the same ﬁne or ﬁnes, then and in every such
case,'a writ or writs of dedimus protestatem may be granted out of the
court of chancery, to the justices of the supreme court, giving power to
them or any one or more of them, or to any other proper and discreet
men, of good fame and credit, residing at or near the place where such
party, being out of this State, or so diseased, or unable to travel, shall
be, given power to them, or any two or more of them to go to the
party being out of this State, or so diseased or unable to travel, and
to receive his, her or their acknowledgment or cognizance, upon that
plea, or form of plea, that he, she or they have or hath, whereupon the
same ﬁne or ﬁnes ought to be levied; and the said justice or justices, or
other persons so impowered, shall certify the justices of the supreme
court thereof, by the record, so that all things incident to the same ﬁne,
or ﬁnes, being examined by him or them, the same ﬁne or ﬁnes may be
lawfully levied. And it shall and may be lawful for the chief justice of
the supreme court for the time being, to receive such acknowledgments
can». 43.] TENTH sEssioN. 435
or eognizances as aforesaid, by virtue of his ofﬁce, and without any such
commission as aforesaid. And fnrt/zer, that no person to whom any Appear—
such ﬁne shall be acknowledged, shall be allowed to appear in the said 2;‘,‘§§,,‘g§._
supreme court by attorney, unless such attorney shall be appointed by
the person for whom he shall appear, before one of the justices of the
supreme court, or commissioners authorized by a writ of dedimus potes—
tatem out of the chancery, his, or her attorney, to gain or lose in the
plea, whereupon such ﬁne is to be levied, and his warrant of attorney
be signed by such justice or commissioners.
And ﬁe it fnrt/zer enacted ﬁy t/ce antﬁority aforesaid, That every person, Certiﬁcates
who shall at any time hereafter take the acknowledgement or cognizance 3 ‘5,333.35?’
of any ﬁne, or any warrant of attorney of any demandant or plaintiff, of M1101‘—
- - ney, how
in any plea whereupon any ﬁne or ﬁnes shall be levied, or of any made out,
demandant or plaintiff, or tenant or vouchee for suffering any common
recovery, or shall certify them or any of them, shall, with the certiﬁcate
of the concord or warrant of attorney, certify also the day and year
when the same was acknowledged, and that no person, who shall take
such acknowledgement or cognizance of any ﬁne, or any warrant of
attorney, for any of the purposes aforesaid, shall be bound, or by any
means enforced to certify any such acknowledgement or cognizance, or
warrant, except it be within one year next after the same shall be taken.
Andfart/zer, that no attornment in or upon any ﬁne be entered upon
record, unless the party mentioned to attorn therein, shall have ﬁrst
appeared in court in person, or by attorney warranted by the hand of
one of the justices of the supreme court, or commissioners as aforesaid,
upon a writ of quid juris clamat, quem redditum reddat, or per quae
servitia, as the case may require; and every entry of attornment here-
after to be made, where there shall be no appearance as aforesaid, shall
be utterly void and of none effect, without any writ of error, or other
means to be used for the avoiding thereof. -
And ﬁe it fart/zer enacted ﬁy t/ze aat/zoritv aforesaid, That after the Fines t0
_ . . - be openly
engrossing of every ﬁne hereafter to be levied in the said supreme proclaimed
court, before the justices of the same court, of any lands, tenements or other heritaments, the same ﬁnes shall be openly and solemnly read and terms.
proclaimed in the same court, four times, that is to say, once in the same
term wherein it is engrossed, and once in every of the three terms holden
next after the same engrossing, and in the same time that it is so read
and proclaimed, all pleas shall cease; and the said proclamations being
so had and made, the ﬁne shall be a ﬁnal end, and conclude as well
privies as strangers to the same, except women covert not parties to the
same ﬁne, and every person then being within the age of twenty one
years, in prison, or out of this State, or not of sound mind at the time
of the said ﬁne levied, not parties to such ﬁne, saving to every person
and persons, and to their heirs other than the parties to the said ﬁne,
such right, claim and interest, as they have to or in the said lands, tene-
ments or other hereditaments, at the time of such ﬁne engrossed, so that
they pursue their title claim or interest, by way of action or lawful
entry, within ﬁve years next after the said proclamations had and made;
and saving also to all persons, such action, right, title, claim and inter-
est, in or to the said lands, tenements or other hereditaments, as ﬁrst
shall grow, remain, descend or come to them, after the said ﬁne ingrossed
and proclamation made, by force of any gift, or by any other cause or
matter had and made before the said ﬁne levied, so that they take their
action, or pursue their said right or title according to law, within ﬁve
years next after such action, right, claim, title or interest to them
accrued, descended, fallen or come, and that they and their heirs may
436
LAWS OF NEW YORK. [CHAR 43.
Right of
certain per-
sons, not
parties to
the ﬁne,
to bring
actions of
entry. .
Entry on
lands,when '
not to
avoid ﬁne.
Writs, re-
turns, etc.,
on which
ﬁne levied,
to be ﬁled
in ofﬁce of
clerk of
court.
have their said action against the pernor of the proﬁts the said lands,
tenements, and other hereditaments, at the time of the said action to be
taken; and if the same persons at the time of such action, right and title
accrued, descended, remained or came unto them, be covert of baron, or
within age, or in prison, or out of this State, or not of sound mind, then
their action, right and title, to be reserved and saved to them, and to their
heirs, unto the time that they come and be at their full age of twenty
one years, out of prison, within this State, discovert and of sound mind,
so that they or their heirs, take and pursue according to law, their said
actions or their lawful entry, according to their right and title, within
ﬁve years next after they come and be at their full age, out of prison,
within this State, discovert, and of sound mind. And farf/zer, that all
such persons as be covert of baron, and not party to the ﬁne, and every
person being within the age of twenty one years, or in prison, or out of
this State, or not of sound mind, at the time of the said ﬁne levied and
ingrossed, and by this act before excepted, having any right or title, or
cause of action, to any of the said lands, tenements, or other herita-
ments, that they or their heirs inheritable to the same, take their said
actions, or lawful entry according to their right and title, within ﬁve
years next after they come and be of the age of twenty one years, out
of prison within this State, discovert, and of sound mind; and the same
actions sue, or their lawful entry take and pursue, according to law; and
if they do not take their actions and entry as is aforesaid, they and every
of them, and their heirs, and the heirs of every of them shall be con-
cluded by the said ﬁne for ever, in like form as they be that be parties
or privies to the said ﬁne; saving to every person and persons not party
nor privy to the said ﬁne, their exception to avoid the same ﬁne, for that
those who were parties to the said ﬁne, had nothing, nor either of them,
nor any person or persons to their use, nor to the use of either of them,
had any thing in the lands and tenements comprised in the said ﬁne,
at the time of the said ﬁne levied.
And ﬁe z'z‘farz‘ﬁer e/zaez‘ed ﬁy f/ze aat/zorz'zj/ aforesaid, That no entry to
be made upon any lands, tenements or hereditaments, shall be of any
force or effect to avoid any ﬁne levied, or to be levied with proclama-
tions in the said supreme court, unless upon such entry, an action shall
be commenced within one year after making such entry, and prosecuted
with effect.
And ﬁe z'z‘ fart/lor enaez‘ed ﬁy ﬂee aaZ/zorz'z‘y aforesaid, That every writ
of covenant, and other writ whereupon any ﬁne shall hereafter be levied,
with the return thereof, the writ of dedimus potestatem, for taking the
acknowledgment or cognizance of any of the same ﬁnes, with the return
thereof, the concord, note and foot of every such ﬁne, the proclama-
tions thereupon, and the licence to agree, and also every original writ
of entry in the post, or other writ, whereupon any common recovery
shall hereafter he suffered or passed, with the returns of the same writs,
and the writs of summons ad warrantizandum, with the returns thereof,
and every warrant of attorney, as well of every demandant and tenant,
as vouchee, shall and may be inrolled in rolls of parchment, to be of
record for ever, and to remain in the safe custody of the clerk of the
supreme court, and his successors. And that the said inrollments shall
be of as good force, and validity in law, to all intents and purposes, as
the same writs, concords, notes, feet, and warrants of attorney, ought to
be, by law. And fart/zer, that the original writ whereupon any ﬁne
shall be levied, with the return thereof, the warrants of attorney, if there
be any, taken before any or either of the justices of the supreme court,
the licence to agree, and concord of every ﬁne, shall be inrolled upon
can. 45.] TENTH SESSION. 437
one and the same roll; and the writs of dedimus potestatem, if there be
any, with the returns thereof, and the note and foot of the same ﬁne,
.shall be inrolled upon seperate rolls.
And for the more easy discovery of ﬁnes, and the security of purchas- Fines to be
ers; Be it fart/ter enacted by t/ze ant/zority aforesaid, That the counter- fé‘ggfgdiff
part of the foot of every ﬁne hereafter to be’ levied, which is to be ofﬁce of
delivered to the party, shall be signed by one of the judges of the said 315%,?
supreme court, and by the clerk of the said court; and shall be recorded 12231151118,
by the clerk of the city or county where the lands or tenements, com- notice td
prised in the same ﬁne, shall be situated, in a book to‘ be by him kept for beposted‘
that purpose within one year next after the ingrossing of the same ﬁne,
at the expence of the party to whom the same shall be levied. And that
the respective clerks of every city and county of this State for the time
being shall, without fee or reward, immediately after recording the same,
make and write, or cause to be made or written, a table or note, wherein
shall be contained the contents of the same ﬁne, So recorded in their
respective ofﬁces, that is to say, the names of the parties, and descrip-
tion of the lands and tenements comprised in such ﬁne, and the time of
levying the same; and shall, on the ﬁrst day of the next general Sessions
of the peace for the same city or county, afﬁx the same on the principal
door of the court house, of the same city or county, and see that the
same continue there during the same session, upon pain that every clerk
offending therein, shall forfeit the sum of ten pounds; one moiety thereof
to the people of this State, and the other moiety to him or them who
will sue for the same, in any court of record, by action of debt, bill;
plaint or information.
And be it fart/ter enacted by t/ze aztt/zority aforesaid, That no ﬁnes, Fines not
proclamations upon ﬁnes, or common recovery, heretofore had, levied, £33,313?
suffered or passed, or hereafter to be had, levied, suffered or passed, shall nical
be reversable by any writ of error, for any razure, interlimng, misenter- errors‘
ing of any warrant of attorney, or of any proclamation, misreturning or
not returning of the sheriff, or other want of form in words, and not in
matter of substance.
And be it fart/zer enacted by t/ze aat/zorizy aforesaid, That no ﬁne or Five years
common recovery, shall hereafter be reversed or avoided, for any error to
or defect therein, unless the writ of error, or suit for reversing such ﬁne reverse
or recovery, be commenced or brought, and prosecuted with effect, within De‘
ﬁve years after such ﬁne levied, or recovery suffered:
Provided always, that if any person who is or shall be intitled to any Id., to
such writ of error as aforesaid, shall at the time of such title accrued, ‘figﬁeaggm
be within the age of twenty one years, or covert of baron, or imprisoned, gliligoveetlg .
or not of sound mind, or out of this State, then such person, or his or ’ ' '
her heirs, notwithstanding the said ﬁve years expired, shall and may
bring his, her or their writ of error, for reversing any such ﬁne, or recov-
ery, so as the same be brought within ﬁve years after his or her full age,
discoverture,enlargement out of prison, coming of sound mind, or com-
ing within this State, but not afterwards, or Otherwise.
438
LAWS OF NEW YORK. [CHAR 44.
Deeds of
gift in trust
for grantor
declared
void.
Grants in
fraud of
creditors
declared
void ex—
cept as
against
grantors.
CHAP. 44.
AN ACT for the prevention of frauds.
PASSED the 26th of February, 1787.
Be it enacted by the People of the State of New Yor/e, represented :72
Seaaz‘e arza’ Assemoly, and 2'! is ﬁereoy enaez‘ea’ oy Z/ze aai/zorz'zj/ of i/ze same,
That all deeds of gift, and conveyances of goods and chattels, made or
to be made in trust to the use of the person or persons making the same
deed of gift, or conveyance, shall be, and hereby are declared to be void,
and of none effect,
And for the avoiding and abolishing of all feigned, convenous and
fraudulent feoffments, gifts, grants, alienations, conveyances, bonds,
suits, judgments and executions, as well of lands and tenaments, as of
goods and chattles, which have been, and are devised and contrived of
malice, fraud, covin, collusion or guile, to the end, purpose and intent,
to delay hinder or defraud creditors, and others, of their just and lawful
actions, suits, debts, accounts, damages, penalties, forfeitures and
demands, not only to the let or hindrance of the due course and execu-
tion of law and justice, but also to the overthrow of all true and plain
dealing, bargaining and chevisance, between man and man, without
which no common wealth or civil society can be maintained, or con-
tinued.
Be 2'! farZ/zer eaaez‘ea’ oy t/ze aat/zorz'z‘y aforesaid, That all and every
feoffment, gift, grant, alienation, bargain and conveyance of lands, tene-
ments, hereditaments, goods and chattles, or of any of them, or of any
lease, rent, common, or other proﬁt or charge out of the same lands, ten-
ements, hereditaments, goods or chattels, or any of them, by writing or
otherwise, and all and every bond, suit, judgment and execution, at any
time had or made or hereafter to be had or made, to or for any intent
or purpose before declared and expressed, shall be from henceforth
deemed and taken (only as against that person or persons, his, her or
their heirs, successors, executors, administrators and assigns, and every
of them, whose actions, suits, debts, accounts, damages, penalties, for-
feitures, and demands, by such guileful, covenous or fraudulent devices
and practices as aforesaid, are, or shall or may be in any wise disturbed,
hindred, or defrauded,) to be clearly and utterly void, frustrate and of
none effect, any pretence, colour, feigned consideration, expressing of
use, or any other matter or thing, to the contrary notwithstanding.
And for as much as not only the people of this State, but divers of
the citizens thereof, and bodies politic and corporate, after conveyances
obtained or to be obtained, and purchases made or to be made, of lands,
tenements, leases, estates, and hereditaments, for money or other good
considerations, may have, incur and receive great loss and prejudice, by
reason of fraudulent and covenous conveyances, estates, gifts, grants,
charges and limitations of uses heretofore made, or hereafter to be made,
of in or out of the lands, tenements or hereditaments so purchased, or
to be purchased, which said gifts, grants, charges, estates, uses and con-
veyances were, or hereafter shall be, meant and intended, by the parties
who so make the same, to be fraudulent and covenous, or purpose and
intent to deceive such as have purchased, or shall purchase the same;
or else by the secret intent of the parties, the same to be to their own
proper use and at their free disposition, coloured nevertheless, by a
feigned countenance, and shew of Words and sentences, as though the
CHAP. 44.] TENTH SESSION.
439
same were made bona ﬁde, for good causes, and upon just and lawful
considerations.
For remedy of which inconveniences, and for the avoiding of such
fraudulent feigned and covenous conveyances, gifts, grants, charges, uses
and estates, and for the maintenance of upright and just dealing in the
purchasing of lands, tenements and hereditaments.
Be it fzcrt/cer enacted ﬁy t/ce azct/zority aforesaid, That all and every con-
veyance, grant, charge, lease, estate, incumbrance and limitation of use
or uses, of, in or out of any lands, tenements or other hereditaments
whatsoever, had or made or hereafter to be had or made, for the intent
anrJ purpose to defraud and deceive such person or persons, bodies
politic or corporate, as have purchased or shall hereafter purchase any
estate of inheritance, or for life, lives or years, of or in the same lands,
tenements, or hereditaments, or any part or parcel thereof, so before
conveyed, granted, leased, charged, incumbered, or limited in use, or
to defraud and deceive such as have or shall purchase any rent,
proﬁt or commodity, in or out of the same, or any part thereof, shall be
deemed and taken, (only as against the person and persons, bodies
politic and corporate, his, her and their heirs, successors, executors,
administrators and assigns, and against all and every other person and
persons lawfully having or claiming, by from or under them, or any of
them, who have purchased, or shall hereafter so purchase, for money or
other good consideration, the same lands, tenements or hereditaments,
or any part or parcel thereof, or any rent, proﬁt or commodity, in or
out of the same,) to be utterly void, frustrate and of none effect, any
pretence, colour, feigned consideration, or expressing of any use or uses,
to the contrary notwithstanding.
And ﬁe it fzcrt/zer enacted ﬁy t/ze ant/zority aforesaid, That all and every
the parties to such feigned covenous or fraudulent feoffment, gift, grant,
alienation, bargain, lease, charge, conveyance, bonds, suits, judgments,
executions, and other things before expressed, or being privy and know-
ing of the same, or any of them, who at any time hereafter, shall wit-
tingly and willingly put in use, avow, maintain, justify, or defend the
same, or any of them, as true, simple, and done, had or made, bona ﬁde,
and upon good consideration, or shall alien or assign, any the lands,
tenements, goods, leases, or other things before mentioned, to him, her or
them, conveyed as aforesaid, or any part thereof, shall incur the penalty
and forfeiture of one years value of the said lands, tenements, and here-
ditaments, leases, rents, commons or other proﬁts, of or out of the same,
and the whole value of the said goods and chattels, and also so much
money as is or shall be contained in any such convenous and feigned bond,
the one moiety whereof to be to the people of the State of New York,
and the ether moiety to the party or parties grieved by such feigned and
fraudulent feoffment, gift, grant, alienation, bargain, conveyance, bonds,
suits, judgments, executions, leases, rents, commons, proﬁts, charges and
other things aforesaid, to be recovered in any court of record, by action
of debt, bill, plaint, or information.
And ﬁe it fzcrt/zer enacted ﬁy t/ze ant/zority aforesaid, That if any per-
son or persons have made, or hereafter shall make, any conveyance,
gift, grant, demise, charge, limitation of use or uses, or assurance, of in
or out of any lands, tenements, or hereditaments, with any clause, pro-
vision, article or condition of revocation, determination or alteration, at
his, her or their will or pleasure, of such conveyance or assurance, gift,
grant, limitation of use or uses, or estates, of, in or out of the said
lands, tenements or hereditaments, or of, in or out of any part or parcel
of them, contained or mentioned in any writing, deed or indenture, and
Id.
Penalty for
defending
fraudulent
convey—
ance.
Convey-
ance of
lands for
value to
revoke
previous
grant con-
taining
power of
revocation.
440
LAWS OF NEW YORK. [CHAP. 44.
1a.; not to
aﬁect
grants
made in
good faith
and for
value.
Common
recovery
to have
same effect
against
person en-
titled to
reversion
as if this
act not
passed
Act not to
aﬂect
vouchers
in Writs of
formedon.
Leases _not
in writing
after such conveyance, gift, grant, demise, charge, limitation of use or
uses, or assurances so made, or had, shall or do, bargain, sell, demise
grant, convey or charge the same lands, tenements or hereditaments, or
any part or parcel thereof, to any person or persons, bodies politic and
corporate for money or other good consideration, paid or given, (the
said ﬁrst conveyance, assurance, gift, grant, demise, charge or limitation,
not by him, her or them revoked, made void or altered, according to
the power and authority reserved or expressed unto him, her or them,
in and by the said secret conveyance, assurance, gift, or grant,) then the
said former conveyance, gift, grant, demise, charge, limitation of_use
and uses, and assurance, as touching the said lands, tenements and
hereditaments, so after bargained, sold, demised, granted, conveyed or
charged, against the said bargainees, vendees, lessees, grantees, and
every of them, their heirs successors, executors, administrators and
assigns, and against all and every person or persons, who have or claim,
or shall or may lawfully have or claim any thing, by, from or under
them, or any of them, shall be deemed taken and adjudged to be void,
frustrate, and of none effect, by virtue and force of this act.
Broaided always, and ﬁe i2‘ fziri/ier elzaez‘ed ﬁy Z/ze am‘ﬁorizj/ aforesaid,
That this act, or any thing therein contained, shall not extend or be
construed to impeach, defeat, make void or frustrate, any conveyance,
assignment of lease, assurance, grant, charge, lease, estate, interest, or
limitation of use or uses, of, in, to or out of any lands, tenements or
hereditaments, goods or chattles, at any time heretofore had or made,
or hereafter to be had or made, upon or for good consideration, and
bona ﬁde, to any person or persons, bodies politic or corporate, not
having at the time of such conveyance or assurance to him, her or them
made, any manner of notice, or knowledge of such covin, fraud or col-
lusion, as is aforesaid; and that no lawful mortgage, made or to be
made, bona ﬁde, and without fraud or covin, and upon good considera-
tion, shall be impeached or impaired by force of this act, but the same
shall stand in like force and effect, as the same should have done, if
this act had never been made, any thing before in this act, to the con-
trary in any wise notwithstanding.
A/zd av/zereas sundry common recoveries of lands, tenements and
hereditaments have been had and hereafter may be had, against a tenant
of the free hold, the reversion or remainder, or the right of the rever-
sion or remainder, then begin in some other person or persons.
Be if fari/zer ezzaez‘ed ﬁy z‘ﬁe azeZ/zori/y aforesaid, That every such
common recovery heretofore had, and hereafter to be had, of any lands
tenements or hereditaments, shall as touching such person and persons
who then had any reversion or remainder, or right of reversion or
remainder, and against the 'heirs of every of them, stand, remain and
be, of such like force and effect, and of none other, as the same should
have been, if this act had never been made.
Provided always, and ﬁe if further eizaez‘ed ﬁy i/ze azet/zoriz‘y aforesaid,
That this act, or any thing herein before contained, shall not extend to
make void any estate or conveyance, by reason whereof any person or
persons shall use any voucher in any writ formedon now depending,
or hereafter to be depending; but that all and every such vouchers in
any writ of formedon, shall stand and be in like force and effect, as if
this act had never been made.
And for the prevention of many fraudulent practices which are com-
monly endeavored to be upheld by perjury, and subornation of perjury;
Be it fart/lor eizaez‘ed ﬁy t/ze auz‘lzoriz‘y aforesaid, That all leases, estates,
interest of freehold, or terms of years, or any uncertain interests, of», in,
CHAP. 44.1 TENTH SESSION. 441
to or out of any messuages, manors, lands, tenements or hereditaments, to be
made or created, or hereafter to be made or created, by livery and lei‘g‘g‘seadt
seisin only, or by parol and not in writing, and signed by the parties so Will-
making and creating the same, or their agents thereunto lawfully author-
ized by writing, shall have the force and effect of leases or estates at
will only, and shall not, either in law or equity, be deemed or taken to
have any other or greater force or effect, and consideration for making
any such parol leases or estates, or any former law or usage, to the con-
trary notwithstanding. Exeepz‘ zze'zxert/ie/ess, all leases not exceeding the Leases
term of three years from the making thereof, whereupon the rent reserved £33566
to the land lord during such term, shall amount unto two third parts at
the least, of the full improved value of the thing demised.
Ariel oe iz‘ fZH’Z/Ml’ e/zaez‘ea’ 6y z‘/ze aai/zoriz‘y aforesaid, That no leases, Assign-
estates or interests, either of freehold, or terms of years, or any uncertain {Igggletg’jid
interest, of, in, to or out of any messuages, manors, lands, tenements or if 1110}; in
. . - _ Writing.
hereditaments, shall at any tlme hereafter be assigned, granted or sur-
rendered, unless it be by deed or note in writing, signed by the party
so assigning, granting or surrendering the same, or their agents there-
unto lawfully authorized by writing, or by act and operation of law.
A no’ oe iz‘farf/zer e/zaezfea’ [2y z‘/ze aaZ/ioeizjl aforesaid, That no action shall Certain
be brought whereby to charge any executor or administrator, upon any special promise to answer damages out of his own estate, or whereby to in Writing-
charge the defendant upon any special promise to answer for the debt
default or miscarriages of another person, or to charge any person upon
any agreement made upon consideration of marriage, or upon any con-
tract or sale of lands, tenements or hereditaments, or any interest in or
concerning them, or upon any agreement that is not to be performed
within the space of one year from the making thereof, unless the agree-
ment upon which such action shall be brought, or some memorandum
or note thereof, shall be in writing, and signed by the party to be charged
therewith, or some other person thereunto by him or her lawfully author-
ized.
Alia’ &e if fzirf/zer e/zaez’ea’ oy Z/ze aaf/zoriify aforesaid, That all declar- Declara-
tions or creations of trusts or conﬁdences, of any lands, tenements or ﬁggis‘ﬁf
hereditaments, shall be manifested and proved by some writing, signed lands Yoid
_ if not in
by the party who 18 or shall be by law enabled to declare such trust, or writing.
by his last will in writing, or else they shall be utterly void, and of none
effect. But all declarations or creations of uses, trusts or conﬁdences,
of any ﬁnes or common recoveries, of any lands, tenements or heredita-
ments, manifested and proved, or which hereafter shall be manifested
and proved, by any deed already made, or hereafter to be made, by the
party who is or shall be by law enabled to declare such uses or trusts,
after the levying or suffering of any such ﬁnes or recoveries, are and
shall be as good and effectual in the law, as if this clause of this act had
not been made.
Provided always, and be it fart/lee e/zaez‘ea’ 12y Z/ze aai/zorizj/ aforesaid, Act not to
That where any conveyance hath been or shall be made, of any lands, Cre_
tenements or hereditaments, by which a trust or conﬁdence shall or may ategi 01',
. . . . - extinguish-
arise or result by implication or construction of law, or be transferred ed by 0D.
or extinguished by act or operation of law, then and in every such case, fration of
such trust or conﬁdence shall be of the like force and effect, as the
same would have been, if this act had not been made.
And oe iz‘ fart/lei’ e/zaez‘ea’ oy z‘lze aaZ/zorizfy aforesaid, That all grants Assign-
and assignments of any trust or conﬁdence, shall likewise be in writing Egg’: of
signed by the party, granting or assigning the same, or by his or her last must be in
will in writing, or else shall likewise be utterly void, and of none effect. Writing’
VoL. 2. — 56
442
LAWS OF NEW YORK. [CHAR 45.
Contracts
for goods
of £10 or
upward
not void
unless
earnest
paid or
memoran-
dum made.
Preamble.
Convey-
ancesin
good faith
acknowl-
edged be-
fore British
authorities
declared
valid.
Judgments
heretofore
recovered
not af-
fected.
And be iz‘fart/zer eizaez‘ed by the aat/zoriry aforesaid, That no contract
for the sale of any goods wares and merchandize for the price of ten
pounds or upwards, shall be allowed to be good, except the buyer shall
accept part of the goods so sold, and actually receive the same, or give
some thing in earnest to bind the bargain, or in part of payment, or that
some note or memorandum in writing of the said bargain be made, and
signed by the parties to he charged by such contract, or their agents
thereunto lawfully authorized.
()HAP. 45.
AN ACT concerning the proofs, acknowledgments and registries
of certain deeds and conveyances.
PASSED the Ist of March, 1787.
WHEREAS during the late war, between the United States of America
and the king of Great Britain, many deeds, conveyances and writings,
relating to the title or property of lands, messuages, tenements or hered-
itaments, within this State, executed bona ﬁde, and for good and valu-
able considerations, within'the southern district of ‘this State, have been
proved and acknowledged before, and registered by, persons residing in
the said district, and deriving their authority from the said king.
Arid zo/zereas it has now become impracticable, from the death of
many persons, and the removal of others from this State, before and
since the conclusion of the said war, to have the said deeds conveyances
and writings proved, acknowledged and registered, in the manner
required by the laws of this State, by reason whereof many of the said
deeds, conveyances and writings, will be rendered altogether invalid
and ineffectual, therefore,
Beiz‘ enacted by Z/ze People of ﬁre Siaz‘e of New Yor/e, represented in
Seizaz‘e and Assemb/y, and it is bereby marred by i/ze aat/zorizy of i/ze same,
That all deeds, conveyances and writings, relating to the title or prop-
erty of any lands, messuages, tenements or hereditaments, within this
State, which have been executed bona ﬁde, and for good or valuable
considerations, within the southern district of this State, after the ninth
day of July, in the year one thousand seven hundred and seventy six,
and before the twenty ﬁfth day of November one thousand seven hun-
dred and eighty three, and have been proved and acknowledged before,
and registered by any person or persons residing in the said district,
and deriving authority for the purpose from the said king of Great
Britain, in the mode and manner which have been usual in cases of the
like nature, whilst this State was a colony, shall be as valid and effectual
in the law, and shall have the like operation and effect in every respect,
to all intents. constructions and purposes whatsoever, as if the said
deeds, conveyances and writings, had been proved and acknowledged,
before, and registred by, persons duly authorized by the laws of this
State, to take the proofs and acknowledgments of the said deeds, con-
veyances and writings, and to register the same. Provided always that
nothing in this act shall be construed to prevent or stay any execution
or writ of possession in any cause wherein judgment has been given,
and no execution or writ of possession issued.
CHAP. 46.] TENTH SESSION.
443
CHAP. 46.
AN ACT to complete the running a certain line of jurisdiction
therein mentioned between this State, and the Commonwealth
of Massachusetts.
PASSED the Ist of March, I787.
WHEREAS an agreement was made and entered into, on the eighteenth
day of May in the year one thousand, seven hundred and seventy-three,
between commissioners appointed by an act of the legislature of the late
colony of New York, and commissioners appointed by an act of the leg-
islature of the late colony of the Massachusetts bay, which agreement is
in the words following, to wit, “ THIS AGREEMENT INDENTED, made the
eighteenth day of May, in the thirteenth year of the reign of his most
gracious majesty George the third, king of Great Britain, France and
Ireland, defender of the faith &c and in the year of our Lord one thous-
and, seven hundred, and seventy-three, between John \Vatts, \Villiam
Smith, Robert R. Livingston and William Nicoll Esquires, duly author-
ized to make such agreement, by virtue of a law of the province of New
York of the one part; and William Brattle, Joseph Hawley and John
Hancock Esquires, thereunto also duly authorized by virtue of a law of
the province of Massachusetts-bay of the other part; witnesseth, that the
commissaries aforesaid, being met at Hartford in the colony of Con-
necticut, for the settlement of a partition line of jurisdiction between the
Said provinces of New York, and the Massachusetts bay, on the easterly
part of the said province of New York, and from the south to the north
boundaries of the said Massachusetts-bay, in pursuance of the said laws,
and certain commissions respectively issued to the commissiaries above
named, by the governors of the provinces aforesaid; and in compliance
with the royal recommendation, heretofore signiﬁed to Sir Henry Moore
Baronet, and Francis Bernard Esquire, the then governors of the said
provinces, by letters from the Right Honorable the Earl of Shelburne,
late one of his majesty’s principal secretaries of state; and after having
had divers conferences relative to the aforesaid boundary of the said
provinces, they the said commissaries, do thereupon unanimously agree
that the following line, that is to say, a line beginning at a place ﬁxed
upon by the two governments of New York and Connecticut in or about
the year of our Lord, one thousand, seven hundred and thirty-one, for the
north west corner of a tract of land commonly called the Oblong or equiv-
alent land, and running from the said corner north twenty-one degrees,
ten minutes and thirty seconds east as the magnet needle now points to
the north line of the Massachusetts bay, shall at all times hereafter, be
the line of jurisdiction between the said province of the Massachusetts
bay, and the said province of New York, in all and every part and place
where the said province of New York on its eastern boundary, shall
adjoin on the said province of the Massachusetts bay. In testimony
whereof the commissaries aforesaid have hereunto set their hands and
seals the day and year ﬁrst abovementioned.”
A/za’w/zereas the governors of the said colonies of New York and Massa-
chusetts-bay, by an instrument in writing under their hands and seals
respectively, bearing date the eighteenth day of May in the year of our
Lord, one thousand, seven hundred and seventy-three, signiﬁed their
approbation of the said agreement, which said instrument is in the words
following, to wit, “\Ve the governors of the provinces aforesaid, having
Preamble.
444
LAWS OF NEW YORK. [CHAR 46.
Congress
may ap-
point two
commis-
sioners to
run Massa—
chusetts
boundary
line.
Running of
boundary
line, how
commis-
sioners to
proceed.
been present at theexecution of the agreement aforesaid, in testimony of
our consent thereto, and of our approbation thereof have hereunto set
our hands and seals at Hartford aforesaid, this eighteenth day of May
in the year of our Lord one thousand seven hundred and seventy-three,
and the thirteenth year of his majestys’ reign.”
And w/zereas since the settlement of the said jurisdiction line in man-
ner aforesaid, Commissioners and surveyors have been twice appointed on
the part of the said State of New York, and Commonwealth of Massa-
chusetts respectively, to run and mark the said line pursuant to the
articles of agreement; and although such commissioners in both instances
proceeded in part to run the said line, yet they could not agree so as to
complete the same. And 'aI/zereas the borderers on the said line now
suffer great inconvenience and injustice by being exposed to taxation
under the authority of both governments, and a regard to their security
and the public tranquility require that some adequate remedy shall be
provided.
A/zd w/zereas the time limited, by the act entitled “An act to authorize
the United States in Congress assembled to appoint commissioners to
complete the running a certain line of jurisdiction therein mentioned
between this State and the Commonwealth of Massachusetts ” passed the
seventh day of March 1785, in which the commissioners thereby
appointed were to execute the trust reposed in them, will expire on the
seventh day of March next. Therefore
Be iz‘ erzaez‘ed ﬁy f/ze People of i/ze Slate of [Veal York, represented in
Seizaz‘e and Assemﬁiy, and i2‘ is ﬁereﬁi' eizaez‘i’d i/ze aui/zorizj/ of Me same,
That it shall and may be lawful to and for the United States of America
in Congress assembled, and they are hereby fully authorized to appoint
two skilful,judicious and disinterested persons, who, together with john
Ewing, David Rittenhouse and Thomas Hutchins Esquires, shall be
commissioners to run out, survey, mark and ascertain the said line of
jurisdiction between this State and the Commonwealth of Massachusetts,
according to the true intent and meaning of the articles of agreement
herein before recited.
A 12d ﬁe iz‘ fari/ier eizaez‘ed ﬁy i/ze aaZ/zoriz‘y aforesaid, That it shall and
may be lawful to and for the Honorable Robert Yates Esquire, Philip
Schuyler, Gerard Bancker and Simeon DeWitt Esquires, or any two of
them, with the assistance of the said john Ewing, David Rittenhouse
and Thomas Hutchins, and the commissioners so to be appointed by
the United States, or a majority of them .or a majority of such of them
as shall attend to agree with any agent or agents thereunto appointed,
or to be appointed by the Commonwealth of Massachusetts, on what
principles the said line shall be run; and if such agreement cannot be
effected, then the said john Ewing, David Rittenhouse and Thomas
Hutchins, and the other commissioners so to be appointed by the said
United States, or a majority of them, or a majority of such of them
shall attend, are hereby fully authorized and empowered to estimate the
variation of the variation* of the needle, since the said eighteenth day
of May 1773, on such principles as to them shall appear just and equit-
able, and to run the said line accordingly. _
A 12d ﬁe iz‘fart/zer eizaez-‘ed ﬁy i/ze auZ/zoriz‘y aforesaid, That the line so to
be run, marked and ascertained by the said commissioners, or by such
majority as aforesaid, according to the true intent and meaning of the said
articles of agreement, shall be, and forever hereafter remain, a jurisdic-
tion or boundary line, as far as the same shall extend, between the Com-

Boundary
line so run
to remain
as perpet-
ual line of
jurisdic-
tion.
* So in original.
CHAP. 47.], ,TENTH SESSION. 445
monwealth of Massachusetts and this State, proaided always that the said Commis-
commissioners shall before they proceed upon the execution of their 5,153,328,113
trust, be respectively sworn in the presence of a magistrate to perform
the same faithfully and impartially, according to the best of their skill
and judgment, and shall within two years from the passing of this act
coinpleat the said survey, and make a true and exact return thereof into
the secretary’s ofﬁce of the United States in Congress assembled, in order
there to be ﬁled as a perpetual evidence of the said jurisdiction line, [bro- Proviso;
"oided also that the legislature of the Commonwealth of Massachusetts géiiﬁghu'
shall consent to such appointment of commissioners, and shall within consent.
nine months from the passing of this act, pass a law for vesting the
United States in Congress assembled with similar powers and authorities,
as are vested in them in and by this act.
And be ii‘ farl/zer e/zaefed l/ze aul/iorilv aforesaid, That the said Documents
Robert Yates, Philip Schuyler, Gerard Bancker and Simeon De\Vitt, 3313?;
shall furnish the commissioners with the necessary documents and papers relative to the said line, and disburse and pay from time to time the expenses.
one half of the expences attending the survey, as well as to pay the said
commissioners the one moiety of their services, and they or any two of
them are hereby authorized, to draw upon and receive from the treas-
urer of this State, a sum not exceeding ﬁve hundred pounds, for the
purposes aforesaid, and for which they shall be accountable to this State.
And be ii‘ fari/ier e/zaez’ed by l/ze aai/zoriz‘y aforesaid, That the act Acts
- u v- - - recited
entitled An act to EllllhOilZC the United States in Congress assembled, repealed.
to appoint commissioners to complete the running a certain line of jur-
isdiction therein mentioned, between this State and the Commonwealth
of Massachusetts,” passed the 7th day of March 1785, and the act sup-
plementary thereto passed the 29th day of April 1786 are hereby sever-
ally repealed.

CIIAP. 47.
AN ACT to reduce the laws concerning wills into one statute.
PASSED the 3d of March, 1787.
Be ii maez‘ed by Me People of [be Slate of Are-a’ Yor/e, represem‘ed in Wills of
Se/zaz‘e and Assembly, and ii‘ is lzereby marred by Me azii/iorily of l/ze same, $153515;
that all and every person and persons having a sole estate or interest in Of testawr-
fee simple, or of any estate of inheritance, or seized in fee simple in
coparcenary, or in common in fee simple, or of any estate of inheri-
tance, of and in any manors, lands, tenements, rents or other heredita-
ments, in possession, reversion or remainder, or of rents or services
incident to any reversion, or remainder, shall have full and free liberty,
power and authority, to give, dispose, will or devise, to any ‘ son or
persons (except bodies politic and corporate) by his last will and testa-
ment in writing, or otherwise, by any act or acts lawfully executed in his
life time, by himself solely, or by himself and others jointly, severally,
or particularly, or by all those ways or any of them, as much as in him
of right is or shall be, all his said manors, lands tenements, rents and
hereditaments, or any of them, or any rents commons, or other proﬁts
or commodities, out of, or to be perceived of the same, or out of any
,part thereof, at his own free will and pleasure. Proziided always
446 LAWS or NEW YORK. [CHAR 47.
Wills, how And be it farZ/zer enacted by Me aaf/zorizfy aforesaid, That all devises
ggggvgtggd and bequests of any manors, lands, tenements, rents or hereditaments,
or of any rents, commons, or other proﬁts or commodities, out of or to
be preceived of the same, shall be in writing, and signed by the party so
devising the same, or by some other person in his presence, and by his
express directions; and shall be attested and subscribed in the presence
of the said devisor, by three or more credible witnesses, or else they
shall be utterly void, and of none effect.
Revocation And be ilfzcri‘lzer coached by i/ze azci/zorizfy aforesaid, That no devise or
of Wlns' bequest in writing, of any manors, lands, tenements, rents, or heredita-
ments, or of any rents, commons, or other proﬁts or commodities, out of,
or to be perceived of the same, or out of any parcel thereof, or any
clause thereof, shall be revocable, otherwise than by some other will, or
codicil in writing, or other writing declaring the same, or by burning,
cancelling, tearing or obliterating the same, by the testator himself, or
in his presence, and by his direction and consent; but all devises and
bequests, of any manors, lands, tenements, rents or hereditaments, or of
any rents, commons, or other proﬁts or commodities, out of, or to be
perceived of the same, or out of any parcel thereof, shall remain and
continue in force, until the same be burnt, cancelled, torn or obliterated
by the testator, or by his directions in manner aforesaid, or unless the
same be revoked or altered by some other will or codicil in writing or
other writing of the devisor, signed in the presence of three or more
witnesses declaring the same.
Estatespur And be iz‘fari/zer enacted by i/ze azzi/zoriiy aforesaid, That all estates pur
ggtgeg’lgf auter vie, shall be devisable by will in writing, signed by the party so
devising the same, or by some other person in his presence, and by his
express directions, and attested and subscribed in the presence of the
devisor by three or more witnesses. And if no such devise thereof be
made, the same, or so much thereof as shall not be so devised, shall go
to the executors or administrators, of the party who had the estate
thereof by virtue of the grant, and shall be assets in their hands, and be
applied and distributed in the same manner as the personal estate of the
testator, or intestate.
‘Wills of A 12d be iz‘farf/zer e/zacz‘ed by f/ze azci/zoric‘y aforesaid, That wills or tes-
realestate taments made of any manors, lands, tenements, rents or hereditaments,
bycertain . .
persons to or of any rents, commons, or other proﬁts or commodities, out of, or to
be Void‘ be perceived of the same, by any woman covert, or person within the
age of twenty one years, idiot, or any person of unsane memory, shall
.. not be taken to be good or effectual in the law.
Detvise tp And be if fzcri/zer e/zacz‘ed by i/ze aaf/zorizjl aforesaid, That if any person
W1 ness 0
Wmdeclam hath attested the execution of any will or codicil, after the ﬁrst day of
ed vOid- March in the year of our Lord one thousand seven hundred and ﬁfty
three, or shall attest the execution of any will or codicil, hereafter to be
made, to whom any beneﬁcial devise, legacy, estate, interest, gift, or
appointment, of or affecting any real or personal estate, other than and
except charges on lands, tenements or hereditaments, for the payment
of any debt or debts, hath been or shall be thereby given or made, such
devise, legacy, estate, interest, gift or appointment, shall, so far only as con-
cerns such person attesting the execution of such will or codicil, or any
Devisee person claiming under him, be utterly null and void: And such person
gigi‘gged shall be admitted as a witness to the execution of such will or codicil
as Witness» within the intent of this act, notwithstanding such devise, legacy, estate,
interest, gift or appointment, mentioned in such will or codicil.
Creditor And be ii‘ fari/zer enacted by i/ze auz‘boriz‘y aforesaid, That in case by
whose debt . . .
is charged any will or COdlCll, made or to be made, any lands, tenements or here-
CHAP. 47.1 TENTH SESSIoN. 447
ditaments, are or shall be charged with any debt or debts, and any cred- on lands_
. . - by the W111
1tor Whose debt is so charged, hath attested, or shall attest the execution Inay baa
of such will or codicil, every such creditor, notwithstanding such charge, witness‘
shall be admitted as a witness to the execution of such will or codicil,
within the intent of this act. Ana’ fart/261', that if any person hath Witnesses
attested the execution of any will or codicil, made on or before the said Salim?
ﬁrst day of March, in the year of our Lord one thousand seven hun- made-
dred and ﬁfty three, to whom any legacy or bequest is thereby given,
whether charged upon lands, tenements or hereditaments, or not, and
such person, before he shall give his testimony concerning the execu-
tion of any such will or codicil, shall have been paid, or have accepted
or released, or shall have refused to accept such legacy or bequest, upon
tender made thereof, such person shall be admitted as a witness to the
execution of such will or codicil, within the intent of this act, notwith-
standing such legacy or bequest; and in case of such tender and refusal
as aforesaid, such person shall in no wise be entitled to such legacy or
bequest, but shall be forever afterwards barred therefrom, and in case
of such acceptance as aforesaid, such person shall retain to his own use
the legacy or bequest which shall have been so paid, satisﬁed or accepted,
notwithstanding such will or codicil shall afterwards be adjudged or
determined to be void for want of due execution, or for any other cause
or defect whatsoever. Ami fZU’f/Zé’l’, that in case any such legatee as
aforesaid, who hath attested the execution of any will or codicil made
on or before the said ﬁrst day of March, in the year of our Lord one
thousand seven hundred and ﬁfty three, shall have died in the testators
life time, or before he shall have received or released, or refused, on
tender, his legacy, such legatee shall be deemed a legal witness to the
execution of such will or codicil, within the intent of this act, notwith-
standing such legacy or bequest. Provided always, that the credit of
every such witness so attesting the execution of any will or codicil, in
any of the cases in this act before mentioned, and all circumstances
relating thereto, Shall be subject to the consideration and determination
of the court, and the jury, before whom any such witness shall be
examined, or his testimony or attestation made use of, or of the court
of equity, in which the testimony or attestation of any such witness shall
be made use of, in like manner to all intents and purposes, as the credit
of witnesses in all other cases ought to be considered of, and deter-
mined.
A/za’ &@ z'z‘ farf/zer ezzarz‘ea’ a,’ {/26 aaf/mrz'zfyafaresaz'a’, That no person witness to
to whom any beneﬁcial estate, interest, gift or appointment, hath been, Jiginbggrfd
or shall be given or made, which is hereby enacted to be null and void, claim
or who shall have refused to receive any such legacy or bequest, on ten-
the
der made as aforesaid, and who shall have been examined as a witness
concerning the execution of such will or codicil, shall, after he shall have
been so examined, demand or take possession of, or receive any proﬁt
or beneﬁt, of or from any such estate, interest, gift or appointment, so
given or made to him, in or by any such will or codicil, or demand,
receive or accept, from any person or person whatsoever, any such
legacy or bequest, or any satisfaction or compensation for the same, in
any manner, under any colour or pretence whatsoever.
A ad a, 2'2‘ furZ/zer elzacied ﬁy i/ze aaZ/zarz'g' aforesaid, That the clauses comm-
in this act concerning the competency or credibility of the witnesses to tency of
. . . _ , witnesses,
wills and codicils, made on or before the sa1d ﬁrst day of March, in the in Whatt
year of our Lord one thousand seven hundred and ﬁfty three, shall not 332850“
extend, or be construed to extend, to the case of any heir at law, or of have 6380‘;
any devisee in a prior will or codicil of the same testator, executed and
448
LAWS OF NEW YORK. [CHAR 47.
Power of
sale may
be exe-
cuted by
such of
executors
as qualify.
Testator
may dis-
pose of
custody
and tuition
of minor
children.
attested according to this act, or any person claiming under either of
them respectively, who was in quiet possession on the said ﬁrst day of
March. in the year of our Lord one thousand seven hundred and ﬁfty
three, as to such lands, tenements and hereditaments, whereof he was
then in quiet possession as aforesaid; nor to any will or codicil, the val-
idity or due execution whereof hath been contested in any suit in law
or equity, commenced by the heir of such devisor, or the devisee in any
such prior will or codicil, for recovering the lands, tenements or heredit-
aments, mentioned to be devised in any will or codicil so contested, or
any part thereof, or for obtaining any other judgment or decree relative
thereto, and which has been already determined in favour of such heir
at law or devisee, in such prior will or codicil, or any person claiming
under them respectively: but no possession of any heir at law or devisee,
in such prior will or codicil as aforesaid, or of any person claiming under
them respectively, which is consistent with, or may be warranted by or
under any will or codicil attested according to the true intent and mean-
ing of this act, or where the estate descended or might have descended
to such heir at law until a future or executory devise, by virtue of any
will or codicil attested according to this act should or might take effect,
shall be deemed to be a possession within the intent of this clause of
this act.
A 12d ﬁe ii fari/zer eizaez‘ed ﬁy i/ze aai/zorizj/ aforesaid, That where any lands,
tenements or hereditaments, have been, or shall be given or devised, by
any last will or testament, executed in due form of law as aforesaid, to
the executors therein named or any of them, to be sold, or hath been, or
shall be thereby ordered or directed to be sold by theexecutors therein
named, or any of them, and after the death of such testator, part of such
executors named in such last will and testament, refuse or neglect to
take upon him or them the execution or administration and charge of
the same last will and testament, wherein they be so named to be execu-
tors, and the residue of the executors do accept and take upon them
the execution, administration and charge of the same last will and testa-
ment, then, all bargains and sales, of any such lands, tenements or here-
ditaments, so willed to be sold by the executors of any such testator, as
well heretofore made, as hereafter to be made, by him or them, only to
the said executors that so do accept, or that heretofore have accepted
and taken upon him or them any such charge of administration, of any
such will or testament, shall be as good, and as effectual in the law, as
if all the residue of the same executors named in the said will or testa-
ment. so refusing the administration of the same will or testament, had
joined with him or them in the making of the bargain and sale of such
lands, tenements, or other hereditaments, so willed to be sold by the
executors of any such testator, who hath heretofore made or declared,
or who hereafter shall make or declare any such will, of any such lands,
tenements or other hereditaments, after his decease to be sold by his
executors.
And ﬁe it further enaez‘ed ﬁy z‘lze azez‘ﬁorizj/ a oresaid, That when any
person hath, or shall have, any child or children, under the age of
twenty one years, and not married at the time of his death, that it shall
and may be lawful to and for the father of such child or children,
whether born at the time of the decease of the father, or at that time in
ventre fa mere, or whether such father be within the age of twenty one
years or of full age, by his deed executed in his life time, or by his last
will and testament in writing, signed by such father, or by some other
person in his presence, and by his express direction, and attested and
subscribed, in the presence of such father, by three or more credible
CHAP. 47.] TENTH SESSION.
449
witnesses, in such manner and form, and from time to time as he shall
respectively think ﬁt, to dispose of the custody and tuition of such child
or children, for and during such time as he or they shall respectively
remain under the age of twenty one years, or any less time, to any per-
son or persons in possession or remainder; and that such disposition of
the custody of such child or children, made or hereafter to be made,
shall be good and effectual, against all and every person and persons
claiming the custody or tuition of such child or children, as guardian in
socage, or otherwise. and that such person or persons to whom the cus-
tody of such child or children, hath been, or shall be so disposed or
devised as aforesaid, shall and may maintain an‘ action of ravishment of
ward, or trespass, against any person or persons who shall wrongfully
take away or detain such child or children, for the recovery of such child
or children, and shall and may recover damages for the same in the
said action, for the use and beneﬁt of such child or children.
And be ii‘ farz‘lzer e/zaeled by Me aal/zorizy aforesaid, That such person
or persons, to whom the custody of such child or children, hath been or
shall be so disposed or devised, shall and may take into his and their
custody, to the use of such child or children, the proﬁts of all lands,
tenements and hereditaments, of such child or children, and also the
custody, tuition and management, of the goods, chattels and personal
estate, of such child or children, ’till their respective age of twenty one
years, or any less time, according to such disposition aforesaid, and may
bring such action or actions in relation thereunto, as by law a guardian
in common socage might do.
And be ii‘ farl/zer e/zaeled by i/ze aal/iorizy aforesaid, That it shall
and may be lawful to and for all and every person and persons, by his
or their testament orlast will in writing, to give, bequeath or dispose of,
all his, her or their goods, chattels and personal estate, in the same man-
ner as he, she or they lawfully might do, before the passing of this act.
And be if farl/zer eizaez‘ed by i/ze aui/zorizy aforesaid, That it shall and
may be lawful for widows to bequeath the crop of their ground, as well
of their dowers, as of their other lands and tenements. _
A Md be iz‘farl/ier e/zaez‘ed by Me aal/zorily aforesaid, That no nuncupa-
tive will heretofore made, or hereafter to be made, shall be good, where
the estate thereby bequeathed, shall exceed the value of thirty pounds
lawful money of this State, unless the same be proved by the oaths of
three witnesses at the least, who were present at the making thereof;
nor unless it be proved, that the testator, at the time of pronouncing the
same, did bid the persons present, or some of them, bear witness that
such was his, or her will, or words to that effect; nor unless such nun-
cupative will was made in the time of the last sickness of the deceased,
and in the house of his or her habitation or dwelling, or where he or
she hath been resident for the space of ten days, or more, next before
the making of such will; except where such person was surprised or
taken sick, being from his or her own home, and died before he or she
returned to the place of his or her dwelling.
A/zd be ii‘ farf/zer e/zaez‘ed by l/ze aal/zorily aforesaid, That after six
months passed, after the speaking of the pretended testamentary words,
no testimony shall be received to prove any nuncupative will, except
the said testimony, or the substance thereof, were committed to writing,
within six days after the making of the said will.
And be ii‘ farl/zer e/zaeled by l/ze aal/zorizj/ aforesaid, That no letters
testamentary or probate of any nuncupative will, shall pass the seal of
any court, ’till fourteen days at the least after the decease of the testa-
tor shall be fully expired; nor shall any nuncupative will be at any time
VoL. 2. — 57
Guardian
named by
will, power
and duty of
Act not to
affect; wills
of personal
property.
Wills of
widows.
Nunoupa-
tive wills.
Id.; must
be proved
in six
months.
Letters
testament—
ary on nun-
cupative
wills. ,
i450
LAWS OF NEW YORK. [CHAP. 48.
Revoca-
tion, etc.,
of wills of
personal
property.
Witnesses
to nuncu-
pativewvills
Act ex~
tended to
wills made
during last
ﬁfty years.
Personal
estate of
soldiers
and sea.-
men .
Where
lands held
by woman
for life are
alienated
from her,
remainder-
man may
have im-
mediate
entry.
received to be proved, unless process hath ﬁrst issued to call in the
widow or next of kindred to the deceased, to the end they may contest
the same, if they please.
And be iz‘ fari/zer enacted by z‘lze aat/zorizfy aforesaid, That no will or
testament in writing, concerning any goods or chattels, or personal
estate, shall be repealed, nor shall any clause, devise, or bequest therein,
be revoked, altered or changed, by any words, or will by word of mouth
only, except the same be, in the life time of the testator, committed to
writing, and after the writing thereof read unto the testator, and allowed
and approved of by him, or her, and proved so to be done, by three
witnesses at the least.
And be if fari/zer e/zacz‘ed by i/ze azci/zorizy aforesaid, That all such
witnesses as are and ought to be allowed to be good witnesses upon trials
at law, by the laws and customs of this State, shall be deemed good
witnesses to prove any nuncupative will, or any thing relating thereunto.
And be iz‘fz'cri/ier enacted by ﬁle aai/zoriiy aforesaid, That this act shall
extend as well to wills and testaments made within sixty years last past,
except where it is otherwise herein before provided, as to wills and tes-
taments hereafter to be made.
Provided always,- azzd be if fzcri/zer e/zacz‘ed by i/ze aai/ioriz‘y aforesaid,
That notwithstanding this act, any soldier being in actual military ser-
vice, or any mariner or seaman, being at sea, may dispose of his move-
ables, wages and personal estate, as he or they might have done, before
the making of this act.
CHAP. 48.
AN ACT for preventing and avoiding alienations by tenants for
life, and recoveries by collusion.
PASSED the 3rd of March, 1787.
Be it enacted by i/ze People of Me Siaie of New Yer/e, represe/zz‘ed iii
Sé’iZa/L’ and Assembly, and i1‘ is bereby enacted by Me azzi/zorizy of z‘be same,
That if any woman, who hath had, now hath, or hereafter shall have,
any estate in dower, or for term of life, jointly with her husband, or only
to herself, or to her use, in any lands, tenements or hereditaments, of the
inheritance or purchase of her husband, or given to the said husband
and his wife for term of life, by any of the ancestors of the said husband,
or by any other person, seised to the use of the said husband or of his
ancestors, and being sole, or with any other after taken husband, hath
discontinued, aliened, released or conﬁrmed, or hereafter shall discon-
tinue, alien, release, or conﬁrm, with warranty or without warranty, or
hath suffered, or shall suffer, any recovery by covin, against her, them
or any of them, or any other seised to their use, or to the use of either
of them as aforesaid, that all such recoveries, discontinuances, alien-
ations, releases, conﬁrmations and warranties, so had and made and
henceforth to be had and made, shall be utterly void and of none effect.
And that it shall be lawful to every person and persons, to whom the
interest title or inheritance, after the decease of Such woman, of the said
lands, tenements and hereditaments, so being discontinued, aliened, or
suffered to be recovered as aforesaid, do or shall appertain, to enter into
all and every of the said premises, and peaceably to possess and enjoy
the same, in such manner and form, as he, she or they should have done,
if no such discontinuance, alienation, warranty or recovery had been had
or made. And farz‘lzer, that if any such woman, with any such after
taken husband, or any other seised or who shall be seised to their or
"CHAP. 48.] TENTH SESSION. 451
either of their use, of such estate as aforesaid, shall during the coverture
between them, make or cause to be made, or suffer, any such discontin-
uance, alienation, warranty or recovery in form aforesaid, that then it
shall be lawful to the person or persons, to whom the said lands, tene-
ments or hereditaments, should or ought to belong, after the decease of
.the said woman, immediately after the said discontinuance, alienation,
warranty or recovery, to enter into the same lands, tenements and here-
ditaments, and then to possess and enjoy during the life of the said hus-
band, according to such title and interest, as they should have had in
the same, if the same woman had been dead, and no discontinuance,
warranty nor recovery had. But that the said woman, in such case,
after the decease of the said husband, if she survive him, may re-enter
into the same lands, tenements and hereditaments, and enjoy the same
according to her ﬁrst estate in the same. But if the said woman, at the
time of such discontinuance, alienation, recovery or warranty in form
aforesaid to be had, made or suffered, of any of the premises, be sole,
that then she shall be barred and excluded of her title and interest in
the same from thence forth: and the person or persons to whom the
title, interest and possession of the same should belong, after the decease
of the said woman, shall immediately after the said discontinuance, alien-
ation, warranty or recovery, enter into the same lands, tenements and
other hereditaments, and possess and enjoy the same, according to his,
her or their title in the same. Provided always, that this act shall not
extend to any such recovery or discontinuance, had or to be had, with
the heirs next inheritable to the said woman, or where he or they, that
next after the death of the same woman should have estate of inherit-
ance in the same lands, tenements or hereditaments, be assenting or
agreeable to the said recovery, where the same assent or agreement is
of record, or inrolled. Aadpravz'ded aZs0,-.that it shall be lawful to every
such woman, being sole or married, after the death of her ﬁrst husband,
to give, sell or make discontinuance of any Such lands, tenements or
hereditaments, for term of her life only, after the course and use of the
common law. _
And a) 2'2‘ fart/Mr erzarz‘ed ay [/15 azd/zorz'z‘y afaresaz'd, That no ﬁne, Finesﬁf-
feoffment or other act or acts made suffered or done or hereafter to be fared by
> 9 , husband
made, suffered or done, by the husband only, of any lands, tenements Svfhlgrgiof
or hereditaments, being the inheritance or freehold of his wife, during to barright
the coverture between them, shall in any wise be, or make any discon- of ‘me’
. tinuance thereof, or be prejudicial or hurtful to the said wife, or to her
heirs, or to such as shall have right, title or interest to the same by the
death of such wife. But that the same wife or her heirs, and such other
to whom such right shall appertain, after her decease, shall and may
then lawfully enter into all such lands, tenements and hereditaments,
and hold and enjoy the same, according to their rights and titles therein,
as if no such ﬁne, feoffment or other act had been-done or suffered.
A/zd w/zcreas when a man doth lose by default the land which was the
right of his wife, it is very hard, that the wife, after the death of her
husband, should have none other recovery but by writ of right; for
remedy whereof.
Be 2'! farZ/zer marred by Z/ze azzz‘lzorz'fy aforesaid, That a woman, after Where
the death of her husband, shall recover by a writ of entry, whereto she 1012333,,
could not disagree during his life, which shall be pleaded in the follow- of ‘gife bY
ing form: If the tenant do except against the demand of the wife, that widowrnay
he entered by judgment, and it be found that his entry was by default, $312,121‘
whereto the tenant of necessity must make answer, if it he demanded
of him, then he shall be compelled to make further answer, and to shew
452
LAWs OF NEW YORK. [CHAR 48.
When wife
may de-
fend with-
out her
husband.
Inter-
pleader by
owner of
the rever-
sion where
action is
brought
against
tenant.
Owner of
reversion
may have
writ of
entry
where ten-
ant suffers
default.
Proceed-
ings by
owner of
reversion.
his right according to the form of the writ that he purchased before
against the husband and the wife: and if he can verify that he hath
or had right in the land demanded, the woman shall gain nothing by
her writ; which thing if he cannot shew, the woman shall recover the
the land in demand.
Arid ﬁe it fart/zer eizaeted ﬁy t/ze az/t/zority aforesaid, That when any
husband and wife shall be impleaded, if the husband absent himself and
will not defend his wife’s right, or against his wife’s consent, will render
the land, if the wife do come before judgment, ready to answer the
demandant and to defend her right, the wife shall be admitted without
her husband.
And ﬁe it fart/ter e/zaeted ﬁy t/ze aat/zority aforesaid, That if any tenant
in dower, tenant by the courtesy, or other tenant for term of life or
lives, is or shall be impleaded, and he, she or they, to whom the rever-
sion or remainder doth or shall appertain, shall come into court and
pray to be received to defend his, her or their right, at the day that the ,
tenant pleadeth to the action, or before, and before judgment, he,
she or they shall be received to defend his, her or their right and to
plead in chief to the action. And that days of grace shall be given, by
the discretion of the court, between the demandant and him, her or
them, who is, are or shall be received in such case, without giving the
common days in pleas of land, unless the demandant will consent, to
the intent that the demandant be not too much delayed, because he
must plead with two adversaries. Provided a/rc/ays, that he, she and
they, who shall come in by a collateral title, and desire to be received
as aforesaid, as well where the receipt is counterpleaded, as where it is
granted, shall, before he, she or they be received, ﬁnd sufﬁcient surety,
as the court shall award, to satisfy the demandant of the issues of the
tenements demanded, from the day that he, she or they shall be
received, until the time that ﬁnal judgment be given, if judgment pass
for the demandant against him, her or them in reversion or remainder
aforesaid. And if the demandant recover his demand, he shall also
recover his damages and costs of suit against such tenant by receipt.
But if such tenant can prove his or her right to as good as he or she
afﬁrmed at such time as he or she was received, then he or she shall go
quit, and recover his or her costs against the demandant.
And ﬁe it fart/zer enaeted ﬁy t/ze az/tﬁority aforesaid, That if any ten-
ant in dower, tenant by the courtesy, or other tenant for term of life or
lives who hath been, now is, or shall be impleaded, hath made, or shall
make default, or hath given, or shall give up the tenements demanded,
and judgment hath been or shall be given upon such default, or sur-
render, then the heirs, or he, she or they, to whom the reversion or
remainder doth or shall appertain, after the death of such tenants, shall
have their recovery by a writ of entry, in which the like process shall be
observed, as in cases where the husband loseth his wife’s land by default,
and so in the cases aforesaid, two actions do concur, one between the
demandant and tenant, and another between the tenant shewing his or
her right, and the demandant.
A red ﬁe it fart/ter enacted ﬁy t/ze aut/zority aforesaid, That if any tenant
for term of life, tenant in dower, or tenant by the courtesy, be impleaded,
and plead to an inquest, and lose by the oath of twelve men, or by
default, or in other manner, that the person or persons to whom the
reversion or remainder of the tenements so lost cloth or shall appertain,
at the time of such judgment given, his, her or their heirs or successors,
shall have an action by writ of attaint, to attaint the same oath, if he,
she or they will assign the same oath to be false; and also by writ of
CHAP. 48.]
453
TENTH SESSION.
error, if error be found in the record of such judgment, as well in the
life time of such tenants, who have lost or shall lose, as after their death.
And if such judgment be reversed, or such oath be found false, that the
tenant who lost by the ﬁrst judgment, if he or she be in life, shall be
restored to his or her possession of the tenements so lost, with the
issues in the mean time; and the party pursuing to the arrearages of
rent, if any be due, for the same tenement. And if such tenant be dead,
at the time of the judgment given, upon such writs of attaint,'or of
error, that restitution be made to the party pursuing, with the issues,
after the death of the said tenant, together with the arrearages of rent,
if any, to him or her were due, in the life time of the said tenant.
Provided always, That although the tenant who so lost by the ﬁrst
judgment, be in life, if the party pursuing will alledge, that the same
tenant was of covin and of assent of the demandant who recovered,
that such tenement should be lost, that restitution of the same tenements
shall be made to the same party pursuing, with the issues and arrearages
as aforesaid. But in such case, such tenant, shall have his or her action
by writ of scire facias out of the same judgment so reversed or given, on
such writ of attaint or writ of error, if he or she will traverse the covin
and assent aforesaid, and not otherwise.
And be ii farl/zer eaaez‘ed by i/ze aai/ioriiy aforesaid, That if any man
hath aliened or shall alien any tenement, which he held, or doth or shall
hold by the courtesy, his children shall not be barred, by the deed of
their father, to demand and recover of the seisin of their mother, although
the deed of their father doth or shall mention that he and his heirs be
bound to warranty. Nor shall the issue of any such children be barred
in such case by any such deed. And li/eezoise, and in like manner, the
heirs of the wife shall not be barred of their action, after the death of
their father and mother, by the deed of their father, if they demand by
action, the inheritance of their mother, which their father did alien in
the life time of their mother.
Arzd be ii‘ fari/zer erzaez‘ed by l/ze aal/zorizy aforesaid, That the suit of
‘the woman or her heirs, after the death of her husband, for lands or
tenements aliened by the husband, shall not be delayed by the non age
of the heir or heirs, who ought to warrant. But let the purchaser, who
(ought not to have been ignorant that he or she bought the right of
another, tarry, until the full age of his or her warrantor, to have his or
her warranty.
And w/zereas divers persons being seised of lands, tenements and
hereditaments, as tenants by the courtesy or otherwise, only for term of
life or lives, or of estates determinable upon life or lives, have permitted or
suffered other persons, by agreement or covin between them had, to
recover the same lands, tenements and hereditaments, against the same
particular tenants; or have permitted or suffered themselves to be
vouched by other persons, by agreement or covin between them had, in
recoveries suffered of the same lands, tenements and other heredita-
ments, to the prejudice of those to whom the reversion or remainder
thereof appertained, or ought to appertain; for remedy whereof,
Be it fari/zer enaeied by i/ze aaz‘boriiy aforesaid, That all such recov-
eries heretofore had or prosecuted, or hereafter to be had or prosecuted
by agreement of the parties, or by covin as aforesaid, against any such
particular tenant, of any lands, tenements or hereditaments, whereof the
same particular tenant was, is, or shall be seised, of any such particular
estate as aforesaid, or against any other, with voucher over of any such
particular tenant, or of any having or that had right or title to any such
particular estate or tenancy as aforesaid, shall from henceforth, as
Alienation
by tenant
bythe
courtesy,
children
not barred.
Infancy of
heirs not
to delay
action.
Recoveries
by agree-
ment or
covin void
as against
owner of
reversion.
454
LAWS OF NEW YORK. ‘ [CHAR 48-
Proceed-
ings by ten-
ant, where
lessor suf-
fers recov-
ery by
covin.
against such person or persons, to whom any reversion or remainder-
thereof, by force of any conveyance or device, before that time had or
made, did, shall, ought or lawfully may appertain, and against their heirs
and successors, be clearly and utterly void and of none effect: Provided
always, that nothing herein contained shall extend, or be prejudicial to
any person or persons, who hath or have or hereafter shall, by good title,
recover any lands, tenements or hereditaments, without fraud or covin,
by reason of any former right or title; but that all and every such recov~~
cry and recoveries, so had or prosecuted, or to be had or prosecuted,
upon former rights or titles, shall stand and be in like force, strength
and effect, as if this act had not been made: Brotiided also, that all and"
every such recovery and recoveries, heretofore had or prosecuted, or
hereafter to be had or prosecuted, of any lands, tenements or heredita-r
ments as aforesaid, by the assent and agreement of any person or per-
sons, to whom any reversion or remainder thereof then, did, shall or"
ought to appertain, so as the same assent and agreement do appear of
record in the court where such recovery is or shall be had, shall stand
and be of like force, strength and effect, against such person and per-
sons, who did or shall so assent and agree, their heirs and successors, as
if this act had not been made.
And w/zereas before this time divers persons have made leases of their
manors, lands, tenements and other hereditaments, sometimes by deed,
and sometimes without writing, to other persons, for term of years, and
afterwards the same lessors their heirs or assigns, have caused or suffered
recoveries to be had against them, upon feigned and untrue titles, by
craft or covin, to put the same farmers from their Said terms, and after
such recoveries had, the said recoverers by reason of such recoveries
and judgments, have entered into the said manors, lands, tenements,
and other hereditaments, so to farm letten, and thereof have expelled
the said farmers, contrary to their said leases, covenants and agreements:
And because it hath been doubted whether the same farmers might
falsify such recoveries or not;
T/zerefore be it farl/zer canceled by i/ze aaz‘lzoriz‘y aforesaid, That every‘ '
such farmer shall and may falsify, for his and her term only, such recov-
eries, as well heretofore had, as hereafter to be had, in such wise and
form as a tenant of the freehold shall and may do by the course of the
common law, where such tenant of the freehold was neither privy nor
party to the same recovery. Aadfarz‘lzer, that the same farmers, their‘
executors, administrators and assigns, notwithstanding Such recoveries
so had, shall retain, hold and enjoy their said terms, according to their
said leases, against all such recoverers, their heirs and assigns, as they
Should or might have done, against the said lessors, if such recovery had
not been had nor suffered. And that the said recoverers, their heirs-
and assigns after such recovery so had, shall have the like remedy against
the said farmers, their executors administrators and assigns, by avowry
or action of debt, for the rents and services reserved upon the same
leases, being due, after the same recoveries; and also like actions against
them for waste done, after the same recoveries so had, ‘in like manner"
and form, as the said lessors should or might have had, if the same
recoveries had never been had. And li/eewise, no execution shall here-
after be avoided, or in any wise made frustrate, by means of any such
feigned recovery, but that all persons having any lands, tenements or
other hereditaments, in execution, or being entitled to have execution
of any lands, tenements or hereditaments, shall have, by force of this:
statute, like means to avoid and falsify the same recoveries, as is above
provided for the lessees for term of years.
CHAP. 49.] TENTH SESSION.
455
CHAP. 49.
AN ACT for dividing the district of the manor of Livingston
in Columbia county, and for annexing the manor of Foxhall to
the town of Kingston, in Ulster county.
PASSED the th of March, 1787.
WHEREAS the extent of the district of the manor of Livingston, sub—
jects its inhabitants to inconveniences, for remedy whereof,
Be 2'! erzaez‘ed by Me Peeple 0f Z/ze Sz‘az‘e 0f New Yer/e, reyﬁresezzz‘ed 2'12
Senaz‘e and AssemaZy, and 2'! is hereby marred by ﬁle aaf/zarz'z‘y 0f the same,
That so much of the said district, as is contained in the boundaries
hereinafter described, be erected into a seperate township by the name
of the township of Clermont; that is to say, beginning on the south
side of the mouth of a certain river, commonly called Roeloff Jansens-
kill, thence along the south side of the said river, easterly, ’till it meets
with the tract of land heretofore granted to Derick \Vessels, lying on
both sides of the said river, thence along the north and east boundaries
of the said tract, ’till it again meets with the said kill or river, thence
along the south side of the said river, to the south bend thereof, where
it meets with the north line of the county of Dutchess, thence along
the said line to Hudsons river, and along the said river to the place of
beginning; excepting thereout, the district of East Camp.
And ﬁe 2'! f arZ/zer eaaez‘ed ay Z/ze aaz‘lzorz'ty afaresaz'd, That the inhabi-
tants of the said township of Clermont, shall be, and they are hereby
declared to be, entitled, to elect their own supervisors, assessors, col-
lectors, and other ofﬁcers; in like manner as other districts, in the
county of Columbia, are entitled to elect the same. And that the
annual elections be held, at the house of Johannes Cooper, in the said
township of Clermont, until otherwise determined, by the greater num-
ber of votes of the taxable persons in the said township, in legal town
meeting assembled, or it be otherwise provided for by law.
And ztl/zereas it may happen, that the line of the township may inter-
sect the houses or farms of some of the inhabitants of the said town-
ship, whereby inconveniences may arise, in the assessment of taxes ;
Be 2'! Z/zerefore mated by Z/ze aaZ/wrz'z‘y aferesaz'd, That wheresoever
the township, or county line, shall intersect a farm, the possessor of
such farm shall pay all his taxes, in whichever township or district his
dwelling house shall be ; but if the said line shall intersect any dwelling
house, then the possessor of such house, shall be taxed for both house
and farm, in the township of Clermont aforesaid.
And w/zereas the freeholders and inhabitants of the manor of Fox-
hall, in the county of Ulster, have, by their petition to this legislature
prayed, that an act might be passed, permitting them to vote for town
ofﬁcers, in conjunction with freeholders and commonalty of the town
of Kingston, at their annual elections; and subjecting them to the
assessment land the collection of taxes and rates, in conjunction with
the said freeholders and commonalty of the said town of Kingston.
Be 2'! z’ﬁerefore enaefed éy z‘/ze azez‘lzorz'zj/ aferesaz'd, That the said manor
of Foxhall, in the county aforesaid, be, and the same is hereby annexed
to the corporation of the trustees, of the freeholders and commonalty
of the town of Kingston, for the purposes of elections, and for the
assessment of taxes, and county and town rates: and the said manor
Clermont,
town of,
erected.
Township
privileges.
Taxation
of inter-
sected
farms.
Foxhall
annexed to
town of
Kingston.
456
LAWS OF NEW YORK. [CHAR 50.
degrees.
Heirs of
different
degrees
may unite
in one
action.
Writs of
deceit.
Recovery
of lands
lost by
default .
Form of
writ.
Writs for
nuisance .
Form of
writ.
I
Id. ; re-
turn of.
of Fox Hall and town of Kingston, shall for the purposes aforesaid and
for no other, he considered as one town ; any law usage or custom, to
the contrary thereof in any wise notwithstanding.
CHAP. 50.
AN ACT for giving further remedy, and regulating the process
and proceedmgs 1n assises and other actions.
PASSED the 12th of March, 1787.
Be it enacted ﬁy t/ze Peojde of Me State of New York, 7'67§7’6’S£722‘6’d7 in
Senate and Assemﬁ/y, and it is ﬁereﬁy enacted ﬁy t/ze azct/zorizjv of t/ce same,
That if the alienations, whereupon writs of entry ought to be granted,
happen to be made in so many degrees, that-by reason thereof the writ
of entry cannot be made in the usual form. mentioning the degrees, then
the demandants shall have a writ to recover their seisin, without making
mention of the degrees, into whose hands soever the tenements shall
happen to come bysuch alienations; but writs of entry without mention-
ing the degrees, shall not be maintained, but in cases where the writs
making mention of the degrees, cannot lie or hold place.
And ﬁe it fart/zer enacted ﬁy t/ze azct/cority aforesaid, That if any per-
son hath died, or shall die, leaving several persons his, or her heirs,
either in the same degree or different degrees, all such heirs shall or
may recover in one writ or action, as heirs of the deceased person.
And ﬁe it fart/cer enacted ﬁy t/ze azct/zority aforesaid, That a writ of
deceit shall be maintainable and hold place, as well in the case of gar-
nishment touching plea of land, where such garnishment is given, as in
the case of summons, in a plea of land.
And w/zereas formerly, if any person had lost his, or her lands or
tenements by default, he or she had no other recovery but by writ of
right, which was not maintainable by any who could not claim of mere
right, as tenants for term of life, where a reversion is reserved.
T/zerefore ﬁe it fart/cer enacted, ﬁy t/ze azct/zority aforesaid, That their
default shall not be so prejudicial, but that they may recover their estate
by another writ than by writ of right, if they have right, and for recov-
ery of land for term of life, lost by default, a writ shall be made in this
form.
Command A, that justly and without delay, he render to B, one mes-
suage with the appurtenances in C., which he claims to hold for term of
his life, and of which the aforesaid A doth deforce him.
And ﬁe it fart/ter enacted ﬁy t/ce aut/zority aforesaid, That in cases of
nusance, the plaintiff shall not go without remedy because the land is
transferred to another. And fzcrt/zer, that where the writ is granted
against him or her, who hath levied, or shall levy the nusance, the writ
shall be made as hath been heretofore used, in the following form.
A B hath complained to us, that C D unjustly and without judgment
hath erected (or made or levied) a house, (or a wall, sink, pond or
whatever other thing it may be) to the nusance of his freehold. And
if such things so levied, erected or made be aliened from one to another,
the writ shall be thus.
A B hath complained to us that C D and E F have erected.
And fart/ter, that all writs of nusances shall from henceforth be made
returnable and be determined, in the nature of assises, either in the
CHAR SQ] TENTH SESSION. 457
supreme court, or at the circuit court in the county, where such nusan-
ces shall happen.
And be ii‘ fari/zer eizaeied by i/ze aaz‘lzorizy aforesaid, That whensoever, Writ to be
in one case a writ is found and used in the chancery, and in a like case, gl‘fi‘gig‘éto
falling under like law and requiring like remedy, there is none found, a Case-
proper writ shall be devised and made in such case. And that suitors
may not go without remedy, they shall have writs according to their
cases. '
And be it fari/zer enacted by Me aai/zoriiy aforesaid, That a writ of Writs of
novel disseisin shall lie, and be maintainable for estovers of wood, and Qg‘slieé dfig;
for any proﬁt to be taken in woods, for a corody, for delivery of corn, what £0 be
and other victuals and necessaries, to be received yearly in a place cer- Issued‘
tain, for toll, passage, and such like, to be taken in places certain, and
for ofﬁces in fee, or for life, as well as for lands and tenements, and for
common of pasture, ﬁshing, and such like commons, which any person
hath, or shall have appendant to free hold, or without freehold, by
special deed, at the least for term of life; and in all the cases aforesaid,
according to the accustomed manner, the writ shall express the thing
in demand to be a free tenement. And although it has been doubted
whether a remedy could be had by this writ, where one seedeth the
several pasture of another, it is hereby declared that a good and sure
remedy is given in that case, by the said writ.
Aad farl/ier, when any person holding for a term of years, or in Id.; where
ward, doth alien the same in fee, and by such alienation the freehold is $51,112,,
transferred to the feoffee, then remedy shall or may be by writ of novel iignasggrs
disseisin, and as well the feoffors as the feoffee shall be had for dissei- possession_
sors, so that during the life of any of them the said writ shall hold
place ; and if by the death of the parties the remedy fail by that writ,
the remedy may be had “by writ of entry.
And be ii‘ fari/zer enabled by i/ze aza‘lzorizy aforesaid, That if any per- Disseiser
. . . . - - - - mulcted in
son or persons named disseisors 1n any writ of assize of novel disseisin, damagesif
alledge any false exception, whereby the taking of the assise may be exceptions
_ . . to writ fail
deferred, as that at another time an assise of the same land passe
between the said parties, or that a writ of a higher nature is depending
between the same parties of the same land, and upon these, and like
matters do vouch rolls or records to warranty, then and in every such
case, if he or she who shall alledge such exception fail of the warranty,
that he or she hath vouched, at the day to him or her given, he or she
shall be adjudged for a disseisor, without taking the assise, and shall
restore the damages before inquired of, or after to be inquired of, to the
double. And if such exception be alledged by a bailiff, the taking of
the assise shall not be delayed therefore, nor the judgment upon the
restitution of the lands and damages. But if the master of such bailiff
that was absent, come afterwards, before the same justices or justice who
took the assise, and offer to prove by record or rolls that at another
time an assise passed between the same parties, of the same lands, or
that the plaintiff at another time did withdraw his or her suit in a like
writ, or that a plea is depending by a writ of a higher nature, a writ of
venire facias shall be granted unto him, to cause the same record to be
brought, and when he hath the same, and the justices do perceive that
the record so shewed by him would have been so available before the
judgment, that the plaintiff by force of the same, should have been
barred of his or her action, the justices shall immediately cause the
party who ﬁrst recovered, to be warned to appear at a certain day, at
which the defendant shall have again his or her seisin and damages, if
he or she before paid any, by the ﬁrst judgment given, which shall be
VoL. 2. — 58
¢
45S
LAWS OF NEW YORK. [CHAR 5o.
Remedy of
last dis-
seisor
against
ﬁrst dis-
seisor.
Sheriﬂ? not
to disseise
possessor
of land
; without
authority
certain.
Special
assise in
case of
lands
granted by
letters pat~
ent.
Forcible
entry, spe-
cial assise
in case of.
restored to him or her to the double, as aforesaid; and in the same
manner, if the defendant, against whom any assise shall pass, in his or
her absence, shew any deeds or releases upon which the jury were not
examined, nor could be examined, because no mention was made of
them in pleading, and by probability might be ignorant of them, the
justices upon the sight of these writings, shall cause the party who ﬁrst
recovered to be warned to appear at a certain day, and shall cause the
jurors of the same assise to come. And if such defendant shall verify
those writings to be true by the verdict of a jury, or by inrollment, he
or she who purchased the assise contrary to his or her own deed, Shall
restore to him or her the damages before recovered, as aforesaid.
Aizd w/zereas many persons do disseise others of their tenements, and
after such disseisin done, make divers alienations and feoffments thereof,
whereby the said disseisees and other demandants and their heirs are
delayed of their recovery. I
T/zerefore be it farz‘ber enacted by i/ze az/l/zorizy aforesaid, That the Said
disseisees shall from henceforth have their recovery against the ﬁrst
di'sseisors, during their lives, if they take the proﬁts at the time of the
suit commenced, as well of the lands and tenements, as of their double
damages, without having any regard to such .alienations, gifts or feoff-
ments. AudfarZ/zer, that this shall hold place in every other action, in
plea of land, where such feoffments be made by fraud or collusion, for
the demandants to have their recovery against such ﬁrst feoffors, if they
thereof take the proﬁts. .
And be ii‘ fzcrl/zer eizacz‘ed by z‘be aai/zorizy aforesaid, That no Sheriff
or other ofﬁcer, by colour of his ofﬁce, without special warrant, or
commandment, or authority certain, pertaining to his ofﬁce, disseise
any person of his or her freehold, nor of any thing belonging to
his or her freehold. And if any do, it shall be lawful for the person
disseised to sue at the common law, by writ of‘ novel disseisin; and he
who shall be convicted thereof, shall pay double damages to the plain-
tiff, and be further punished by ﬁne or imprisonment, at the discretion
of the justices.
And be ii‘ fari/zcr enacted by Me aaz‘boriz‘y aforesaid, That in case-
any lands or tenements have been, or shall be granted by letters patent,
without title found by inquest or otherwise, where the entry of the
people of this State is not given by law, they who shall be put out or
disseised of their freehold, shall or may have a special assise granted by
the chancellor, without any suit to the people of this State in that
behalf to be made; and if the parties or persons who have such letters-
patent, do pray in aid, a writ of procedendo Shall be granted by the
chancellor; and in case they who be so put out or disseised, recover
against the persons having such patents, they who be so put out or
disseised, shall recover their treble damages.
A/zd w/zereas divers persons do make forceable entries into the lands
and tenements of others, and put the possessors out of the Same, claim-
ing sometimes in their own right, where their entry is not lawful, and
sometimes in the right of others, where they have nothing in reversion,
in right, nor in demesne, and there is not any afﬁnity or cousinage
between them, and those in whose right they have entered, and some-
times take away the goods and chattles of the possessor.
T/zerefore be it enacted by Me azcc/zoriiy aforesaid, That if any person,
of what estate or condition soever he or she may he, hath made, or
shall make, any such forcible entry, in his, or her own right, or to his
or her own use, or in the right or to the use of any other, by way of
maintenance, or take or carry away any goods, after such forcible entry,
CHAP. 50.] TENTH SESSION.
459
from the possessor of the freehold, then and in every such case, if the
party grieved or other lawful man for him or her, will make afﬁda-
vit that the entry was made in such forcible manner, the chancellor
shall have power, by his discretion to grant a special assise in this \‘case,
to the party aggrieved, of whatsoever value the tenements may be; and
if such disseisor, be convicted of'such disseisin, made in such forcible
manner, he or she shall yield to the party grieved his or her double
damages, and be further punished by ﬁne or imprisonment according
to the discretion of the justices. And if such disseisor be convicted by
the same assise, that he or she hath taken or carried away the goods or
chattles of such disseisees, the justices of assise shall have power to hear
and determine, as well for the people of this State, as for the party, of
the goods and chattles so carried away, and to award to the party
grieved his or her damages. And farZ/zer that in every such special
assise, one at least of the justices of the supreme court be named as one
of the justices to take such assise, and that no writ of supersedeas be
granted to the contrary of such special assises.
A/zd ﬁe iz‘fari/zer eizaez‘ed ﬁy Z/ze az/i/zoriij/ aforesaid, That if in any writ
of assise, the sheriff of the same county is or shall be named one of the
Where
sheriff
named as
disseisors, and the tenants in the same assise, or any of them will aver gifggiﬁor
that the said sheriff is not, nor ever was disseisor, nor tenant of the tene- liision.
ments in demand, but was named a disseisor by collusion, the aver-
inent shall be received, and if it be found by the said assise, that the
said sheriff is not, nor ever was disseisor, nor tenant of the tenements
in demand, but was named disseisor by collusion, then the justices shall
cause the said writ so purchased, or to be purchased, in form aforesaid,
to be abated and quashed; and the plaintiff or plaintiffs shall pay double
costs thereupon to be taxed.
And ﬁe if fari/zer eizaez‘ed ﬁy i/ze auz‘ﬁorizy aforesaid, That an assise of Assise of
novel disseisin may from henceforth be granted of rent in arrear, due of
tenements in divers counties, to be holden in the conﬁne of the counties
within which the tenements be; and thereupon the assise shall be taken
and tried by jurors of the said counties, in the same manner as ought
to be done of a common of pasture in one county, and appendant to
tenements in another county; and that as well of disseisins done in times
past, as of disseisins yet to be done. And that writs thereupon at the
suit of the plaintiff, be made from henceforth in the chancery, in due
form, without any manner of contradiction; but in all such assises, one
at the least of the justices of the supreme court, shall be named as one
of the justices to take such assises.
And w/zereas in cases where dower is or shall be demanded, of lands
or tenements recovered against the husband by default or covin, and
when the wife, being endowed, loseth her dower by default, and when
tenants by the courtecy, or for term of life, must demand their land lost
by default, divers actions do concur, and when it is come to that point,
that the tenants must be compelled to shew their right, they cannot
make answer without them to whom the reversion or remainder, of right
belongeth.
T/zerefore ﬁe ii‘ fari/zer eizaeied ﬁy Z/ze aai/zorizj/ aforesaid, That it
shall be lawful for them to vouch to warranty, as if they were tenants,
if they have a warranty: And when the warrantor hath warranted, plea
shall pass between him or her that is seised, and the warrantor, accord-
ing to the tenor of the writ that the tenant purchased before, and by
which he or she recovered by default. And so from many actions, they
shall at length resort to one judgment, which is this; that the demand-
ant shall recover his or her demand, or that the tenant shall go quit;
novel dis-
seisin for
rent in
arrear.
Dower and
courtesy;
roceed-
ings Where
lands lost
by default.
460
LAWS OF NEW YORK. [CHAR 50.
f)
Person
vouched to
warranty
to be sum-
moned.
Proceed-
ings in
writs con-
cerning
possession,
etc .
and if the action of such a tenant who is compelled to shew his right, he
by writ of right, although the great assise cannot be joined by the words
accustomed, yet it shall be joined by words convenient; for when the
tenant, in that he or she sheweth his or her right, which belongeth to
him or her by the writ which he or she before purchased, instead of a
demandant, the warrantor may well defend the right of the tenant, who
is accounted in place of the demandant as aforesaid, and put himself or
herself upon the great assise, and pray recognition to be made, whether
he or she hath more right to the land in demand, than the party afore-
said; or otherwise the great assise may be joined thus. Such an one
defends the right and so the warrantor may defend the right and
acknowledge the seisin of his or her ancestor, and put himself or her-
self upon the great assise, and pray recognition to be made, whether
he or she hath more right in the land, as in that whereof he or she
enfeoffed such a one, or that such a one released and quit claimed,
than the aforeasid party.
And ﬁe it fart/ter enacted ﬁy t/ze ant/zority aforesaid, That when any
person, not present in court, shall be vouched to warranty in a plea of
land or tenement, the party so vouched shall have reasonable summons
according to the discretion of the justices ; and if the demandant will
aver that the person vouched is dead, or that there is no such person,
such averment shall be received and tried without delay.
And ﬁe it fzcrt/zer enacted ﬁy t/ze azct/zority aforesaid, That in writs
concerning possession whereby lands or tenements are demanded, which
ought to descend, remain, revert or fall, by the death of any ancestor
or otherwise, if the tenant vouch to warranty, and the demandant coun-
ter pleadeth him or her and will aver by assise, or by the country or
otherwise, as the court will award, that the tenant or his or her ancestor
or predecessor, whose heir he or she is, was the ﬁrst that entered after
the death of him or her, of whose seisin he or she demandeth, the
averment of the demandant shall be received, if the tenant will abide
thereupon; and if not, he or she shall be further compelled to another
answer, if he or she have not his or her warrantor present, who will
warrant him or her freely, and immediately enter into the warranty, and
the demandant shall have the like exceptions against the warrantor, if
he or she will vouch further, as he or she had before against the ﬁrst
tenant; and in all manner of writs of entry, which make mention of
degrees, none shall vouch out of the line. Andfnrt/zer, that as well in the
writs aforesaid, as in writs of right, if the tenant vouch to warranty, and
the demandant will counterplead him or her, and be ready to aver by
the country, that he or she, who is so vouched to warranty, nor his or
her ancestors or predecessors, had never seisin of the land or tenement
demanded, nor fee nor service by the hand, of his or her tenant, or his
or her ancestors or predecessors, since the time of him or her on whose
seisin the demandant declareth, until the time that the writ was pur-
chased, and the plea moved, whereby he, she or they might have
enfeoffed the tenant, or his or her ancestor or predecessors, then,
whether the party vouched be present or absent, the averment of the
demandant shall be received, if the tenant will abide thereupon, if not,
the tenant shall be further compelled to another answer, and the
demandant shall have his or her exceptions against the warrantor, as
he or she had before against the ﬁrst tenant. And fnrt/zer, if the tenant
hath a deed, that compriseth warranty of another man who is bound in
none of the cases before mentioned, to the warranty of an older degree,
his or her recovery by a writ of warranty of charters out of the chancery,
CHAP. 50.] TENTH SESSION. '
461
shall be saved to him or her, at what time soevef he or she’will purchase
it, but the plea shall not be delayed therefore.
And be it fart/ter erzaeled by i/ze aaz‘lzorizy aforesaid, That when any Id.
person shall demand lands or tenements against another, and the party
impleaded, voucheth to warranty, and the warrantor denieth his or her
warranty, and it be found that the vouchee is bound to warranty by the
law and custom of this State, then in like manner as the tenant should
lose the land or tenement in demand, in case where he vouched, and
the vouchee could discharge himself of the warranty, in the same man-
ner shall the warrantor lose, in case where he or she denieth his or her
warranty, and it be tried against him or her, that he or she is bound to
warranty. Arid farl/zer, that in all cases where an inquest shall be
depending between the tenant and the warrantor, and the demandant
will require a writ to cause the jury to come, it shall be granted.
And be ii‘ farl/zer mated by the aai/zoriz‘y aforesaid, That if any per-
son be disseised of his or her freehold, and shall recover seisin by assise
Proceed-
ings where
possession
of novel disseisin, or by confession of them that did the disseisin, and recovered
after the plaintiff hath had seisin delivered by the sheriff, if the said
y writ of
novel dis-
disseisors do again disseise the same plaintiff of the same freehold, and Zﬁgsiggiifd
thereof be convicted, the plaintiff shall recover double damages, and
the redisseisors shall be also punished by ﬁne and imprisonment, and
shall be forthwith taken, and committed and kept in gaol until they shall
have paid such damages and ﬁne, and be thence delivered by due course
of law. And the manner of proceeding in such case shall be as follows;
when the plaintiff shall come to the chancery, he or she shall have a
writ directed to the sheriff in which must be contained the plaint of
disseisin upon the disseisin, and therefore it shall be commanded to the
'sheriff, that taking with him the coroner of the county, or one of them,
if there be more than one in the same county, and two or more justices
of the peace in the same county, he go in his proper person to the tene-
ment or pasture, whereof the plaint had been made, and before them,
by the ﬁrst jurors and other neighbours and lawful men, if the ﬁrst
recovery was by verdict, if not, then by neighbours and lawful men, he
dilligently thereof make inquisition; and if they ﬁnd the plaintiff dis-
seised again as aforesaid, then the sheriff shall do according to the pro-
vision aforesaid: but if it be found otherwise, then' the plaintiff shall
be amerced, and the others shall go quit. But no sheriff shall proceed
in any such plaint without a special writ. And in the same manner it
again dis-
seised by
same dis-
seisor.
shall be done to them, who shall recover their seisin of any lands or -
tenements, by verdict, default, reddition or otherwise, in any real action,
in any court of record, if they be afterwards disseised by the ﬁrst de-
forcers, against whom they shall have recovered.
And be it furi/zer enaeled by i/ze aui/zorizy aforesaid, That if any per-
son hath demised, or shall demise, his or her lands, to any other person,
and to his or her heirs, rendering a certain annual rent for the same,
and he or she who holdeth the land so charged, letteth it lie fresh, so
that the party can ﬁnd no distress there by the space of two years to
compel the farmer to render, or to do as is contained in the writing
or lease, then the two years being passed, the lessor or grantor, or his
heirs or assigns, shall have an action to demand the land in demesne,
by writ out of the chancery, in this form.
Command A, that justly and without delay he render to B, one mes-
suage with the appurtenances in C, which the same B demised to the
aforesaid A, rendering therefore yearly to the same B (such a certain
rent) and which to him ought to revert, because the aforesaid A, in
paying the aforesaid rent hath ceased, by two years, as he saith. And
Action to
recover
rent of
lands
where dis-
tress can-
not be
found.
Form of
writ.
462
LAWS OF NEW YORK. [CHAR 50.
View of
land, when
to be
granted.
Writs of
cousinage,
aﬂeand
besaile.
Writs,
abatement
of.
Novel
disseisin;
death of
disseisor
before
assise
passed.
if he or she against whom the land is demanded, come before judgment,
and pay the arrearages, and the damages and costs, and ﬁnd surety,
such as the court shall think sufﬁcient, to pay the rent from thenceforth,
as is contained in the writing or lease, he or she shall keep the land;
but if he or she neglect until it be recovered by judgment, he or she
shall be barred for ever; and in like manner if any withhold from any
person, of whom he or she holds, his or her due and accustomed ser-
vice, by two years, the person to whom the same is or shall be due,
shall have an action to demand the lands in demesne, by a writ in this
form. “Command A, that justly and without delay he render to B,
(such a tenement) which the aforesaid A holds of him, by (such certain
service) and which to the aforesaid B ought to revert, because the afore-
said A in doing the service aforesaid, hath ceased by two years, as he
saith.” And fart/ler, that as well in the case of rent, as in the cases of
services, writs of entry shall be made as aforesaid, for the heirs of the
demandant, and against the heirs of the tenant, and against them to
whom such land shall be aliened.
And be it fart/ter enacted by t/ze azct/zority aforesaid, That from hence-
forth view shall not be granted to the tenant, but in case where a view
of the land is necessary; and that if one lose land by default, and he or
she who loseth shall purchase a writ to demand the same land, and in
case where one, by an exception dilatory, abateth a writ after the view
of the land, as by non tenure, misnaming of the town, or such like, and
the demandant purchaseth another writ, in these cases the view shall
not be granted if the party had view in the ﬁrst writs: And in a writ
of dower where the dower in demand is of land that the husband aliened
to the tenant, or his or her ancestors, where the tenant ought not to be
ignorant what land the husband did alien to him or her, or to his or her
ancestor, though the husband did not die seised, yet the view shall not
be granted to the tenant. And in awrit of entry, that is abated because
the demandant misnamed the entry, if the demandant purchaseth another
writ of entry, if the tenant had View in the ﬁrst writ, he shall not have it
in the second. And in all writs where lands are or shall be demanded
by reason of a demise made by the demandant, or his or her ancestor
to the tenant, and not to his or her ancestor, as that which the demand-
ant or his or her ancestor, being within age, not of sound mind, or in
prison, and such like, demised to the tenant, view shall not be granted ;
but if the demise was to the ancestor of the tenant, view shall be granted,
as hath been done before. >
And be it fart/ter enacted by t/ze azctbority aforesaid, That in all writs
of cousinage, aile and besaile, if the tenant will plead, that the plaintiff
is not the next heir of the ancestor, by whose death he or she demand-
eth the land, such plea shall be received, and the matter inquired of,
and the court shall proceed to judgment, according to the verdict there-
upon to be given.
And be iifurt/zer enacted by Me ant/zority aforesaid, That no writ shall
be abated by the exception of nontenure of parcel, but for the quantity
of the nontenure so alledged.
And be it fnrt/zer enacted by the azct/zority aforesaid, That if any person
shall purchase a writ of novel desseisin, and he or she, against whom the
writ is brought as principal disseisor, dieth before the assise be passed,
then the plaintiff shall have his, or her writ of entry upon desseisin,
against the heir or heirs of the disseisor or disseisors, of what age soever
such heir or heirs may be; and likewise the heir or heirs of the disseisee
shall have his, her or their, writ or writs ‘of entry, against 'the disseisors,
or their heirs, of what age soever they be, if the disseisee die before he
ca“. 50.] ' TENTH SESSION. 463
hath purchased his writ, so that for the non age of the heirs of the one
part or other, the writ shall not be abated, nor the plea delayed.
And ﬁe ii‘ fart/zer eizaez‘ed ﬁy z‘lze aaz‘lzorizjl aforesaid, That if a child Inquest on
within age be holden from his or her inheritance, after the death of his 23,’,
or her father, mother, brother, sister, cousin, grand father or great grand légrg’gddg'
father, whereby such‘infant is driven to his or her writ, and his or her reason of
adversary cometh into the court, and for answer alledgeth a feoffment, Infancy‘
or pleadeth some other thing by which the court would formerly award
the age, and defer the inquest until the full age of the infant, from hence—
forth, in every such case, the inquest shall not be deferred until the full
age of the infant, but shall pass as if he or she was of full age.
And ﬁe i2‘ farz‘lzer eizaez‘ed ﬁy i/ze aai/zoriiy aforesaid, That all tenants Pleas may
in assise of novel disseisin, may either appear and plead in person, or gggglggg'gi;
make and appear and plead by their attornies, or plead by bailiffs, at bailiff-
ftheir pleasure.
A 72d ﬁe iz‘furlﬁereizaeledﬁy l/ze aai/zorizj/ aforesaid, That the pannels of Panel qt
the assises shall in all cases be arrayed, and a copy thereof delivered by Egebzsgfe‘i
the sheriff or his deputy to the plaintiffs, tenants and defendants, if they pared Six
demand the same, at least six days before the circuit court, or session fgﬁcboegrt,
of the justices at which the same shall be returnable, upon pain that
every sheriff or other ofﬁcer, neglecting his duty herein, shall forfeit, for
every offence, to the party grieved, the sum of twenty pounds, to be
recovered with costs of suit, in any court of record, by action of debt,
bill, plaint or information.
A 12d ﬁe iz‘fari/zer eizaez‘ed ﬁy i/ze aai/zorizj/ aforesaid, That the plaintiff Plaintiff
in every assise may from henceforth at his pleasure sever and abridge $31,162,
his or her plaint, of a moiety, or any other part or parts, whereunto any plaint}
. . . - - where bar
bar is or shall he pleaded, in such like manner as he or she might do, in pleaded_
case the pleas in bar had been made, and divided to any certainty or
number of acres in the plaint; and that the plaint for the residue of the
part or parts of the lands, not abridged, shall be and‘ stand good and
effectual in the law.
And ﬁe ii‘ fzlri/zer eaaez‘ed ﬁy l/ze azeZ/zorily aforesaid, That from the Tenant not
time any plea shall be moved by writ, the tenant shall not make any ﬁyagggnmlt
waste or estrepement of land in demand, pending the suit; and if he or Whigesuit
she do, the court wherein the plea depends shall cause the land in pan mg’
demand to be kept at the suit of the demandant.
And ﬁe ii‘ farz‘lzer eizaez‘ed ﬁy i/ze aal/zorizy aforesaid, That all writs Fifteen
of summons, and attachments, and other process in pleas of lands, shall foagiglba
from henceforth have full ﬁfteen days at the least between the days of g‘gigggtgate
the test and the days of the return thereof. And farl/zer, that in all and return.
writs of dower, after issue joined, it shall not be needful or requisite to
have above ﬁfteen days between the test and the return of the venire
facias, or any other process to be sued out for the trial of the said issue,
but that the writ of venire facias and other process after issue joined,
and until judgment be given, having only ﬁfteen days between the teste
and the return thereof, shall be good and effectual. And also, that all
writs of summons to the warranty, and all other process in any real
action, being tested the last day, or any other day in any term and
returnable the ﬁrst day or anyother day in the next succeeding term,
shall be good and effectual.
And for avoiding secret summons in real actions, without convenient Proclama-
notice to the tenants of the freehold; Be it farz‘lzer 67ZCZCZ8£27 ﬁy z‘lze 3,05,32,15
aal/zorizj/ aforesaid, That after every summons upon the lands, in any at nearest
- church
real action, and fourteen days at the least before the day of the return do“
thereof, the sheriff to whom such summons shall be directed, shall make
464
LAWS OF NEW YORK. [CHAR 50.
Where
default
made on
ﬁrst attach-
ment,
great
distress
awarded.
Court may
order
issues lev-
ied to be
sold; ap-
plication
of process.
Writs of
execution .
When non-
sult not to
pass on
or cause proclamation of the same summons to be made, at or near the
most usual door of the church of the town or place Where the land
whereupon the summons was made, doth lie, upon a Sunday, immediately
after divine service and sermon, if any there be; and if there be more
than one church in such town, then such proclamation shall be made in
form aforesaid, at or near to the most usual door of the church nearest
to the said lands: and if there be no church in such town, then such
proclamation shall be made in form aforesaid, at or near to the most
usual door of the church in the same county nearest to the said land;
and such proclamation so made as aforesaid, shall be returned, together
with the names of the summoners ; and if such summons shall not be
proclaimed and returned as aforesaid, then no grand cape to be awarded,
but an alias or pluries summons, as the cause shall require, until a sum-
mons and proclamation shall be duly made, and returned as aforesaid.
And for avoiding delays in all manner of writs and attachments; Be
it fart/ter enacted by t/ze aztt/zority aforesaid, That if the tenant or defend—
ant, after the ﬁrst attachment returned, make default, the great distress
shall be immediately awarded, and the tenant or defendant shall be dis-
trained from time to time, until he or she do appear, or comply with the
purpose of such writ. And if the sheriff do not make a sufﬁcient return
to any such writ, at the day of the return thereof, he shall be amerced.
And w/zereas the process by distringas as heretofore used, is dilatory
and expensive; for remedy whereof, Be it fart/ter enacted by t/ze azct/zority
aforesaid, That the court out of which the writ proceeds, may order the
issues levied, from time to time to be sold, and the monies arising
thereby to be applied to pay such costs to the plaintiff as the court shall
think just, under all the circumstances to order, and the surplus to be.
retained until the defendant or tenant shall have appeared, or other
purpose of the writ be answered; and when the purpose of the writ is
answered, that then the said issues shall be returned, or if sold, what
shall remain of the money arising by such sale, shall be repaid to the
party distrained upon.
And because such things as be recorded before the chancellor, and
the judges and justices who have record, and be inrolled in their rolls,
process of plea ought not to be made by summons, attachment’, view of
land, and other solemnities of the court, as hath been used to be done
of bargains and covenants made out of court; therefore be it fart/ter
enacted [2y t/ze aztt/zority aforesaid, That from henceforth those things
which are found inrolled before those who have record, or contained in
ﬁnes, whether they be recoveries or judgments had, or contracts, cove-
nants, obligations, services or customs acknowledged, or other thing
whatsoever, inrolled, wherein the court, without offence of the law and
custom, may execute their authority, shall have such force that the party
at any time within the year, after the same are or shall be had, levied or
acknowledged, shall have a writ of execution of the same, and when the
ﬁne, judgment, recovery or recognizance be levied, had or made of a
further time passed, the sheriff shall be commanded that he make known
to the party of whom it is complained, that he or she be before the jus-
tices or court at a certain day, to shew if he or she have any thing to
say why such matters inrolled or contained in the ﬁne ought not to have
execution, and if he or she do not come at the day, or do come and can
say nothing why execution ought not to be done, the sheriff shall be
commanded to cause the thing inrolled or contained in the ﬁne to be
executed.
And a; it fart/ter enacted [2y t/ze azct/zority aforesaid, That where a
verdict hath been or shall be found in assise, or in any other action
CHAP. 52.] TENTH SESSION. 465
whatsoever, and the parties have been or shall be adjourned upon difﬁ- verdict for
- , - - defendant.
culty in law upon the matter so found, the plaintiff shall not be non—
suited if the verdict pass against him or her.

CHAP. 51.
AN ACT for the relief of persons holding or possessing State
agent’s certiﬁcates.
PASSED the 13th of March, 1787.
Be ii‘ e/zaeled by Me People of z‘lze Stale of 1V6‘ZU York, rryﬁreselzled ia Treasurer
Seattle and Assembly, and ii is hereby mauled by i/ze aai/zoriiy of i/ze same, ggilyerg'n
That it shall and may be lawful for the treasurer of this State, to receive lean cer—
on loan until the ﬁrst day of May next, certiﬁcates issued by Udny Hay Esquire, late agent of this State, or any of his assistant agents, any thing iggsassist'
in the twenty-ﬁfth section of the act entitled “An act for the payment '
of certain sums of money and for other purposes therein memtioned ”
passed the 5th of May 1786, to the contrary hereof notwithstanding.
Provided always that the person offering any such certiﬁcates to the
treasurer, shall upon oath or otherwise, prove to the satisfaction of the
said treasurer, that the same certiﬁcates were in the hands of a bona
ﬁde proprietor, on the ﬁrst day of September one thousand seven hun
dred and eighty six.
CHAP. 52.
AN ACT for the relief of Garret Rapalie.
PASSED the r3th of March, 1787.
WHEREAS it hath been represented, that Garret Rapalie an insolvent Preamble_
debtor, now conﬁned for debt in the gaol of the city of New York is
indebted to the people of this State, and the said Garret Rapalie having
prayed for relief in the premises. Therefore
Be it eaaeled by Me People of ﬁre Siaie of .Nezt' Yer/e, represented in Treasurer
Se/zai‘e and Assembly, and ii‘ is lzereby e/zaeled by l/ze aal/zoriiy of i/ze same, gtg’ebggti-
That the treasurer of this State shall be, and he is hereby authorized tioning
and required, to liqudate the debt due from the said Garret Rapalie to i’éidéiii...
the people of this State, on such principles and proofs as to him shall 53211;‘: appear proper and just, and having so liquidated the same, and ascer- debt due
tained the amount of the debt so due, it shall and may be lawful, to and State‘
for the said treasurer on the behalf of the people of this State, to join
in a petition with any other creditor or creditors of the said Garret
Rapalie, and to state the sum which shall be so found due as. aforesaid,
to be due to the people of this State, in order to enable the said Garret
Rapalie to take the beneﬁt of the act entitled “An act for the relief of
insolvent debtors” passed 13th April 1786. Provided 'aeoerz‘lzeless, that
the said treasurer shall on oath declare, that the debt so by him stated
as due to the people of this State, is to the best of his knowledge and
belief true and just, and that he doth not know or believe that any
security of any kind whatsoever hath been taken for the same.
VoL. 2.—— 59
LAWS or NEW YORK. [CHAR 54
Preamble.
Court may
order sale
of mort-
gaged
premises
without
appraise—
ment.
Preamble.
Death of
absconding
debtor not
affect pro-
ceedings
by trustees
CHAP. 53.
AN ACT to amend an act entitled “An act for making process
in courts of equity effectual against mortgagors who abscond
and cannot be served therewith, or who refuse to appear.
PASSED the 13th of March, 1787.
\VHEREAS in and by the act entitled “An act for making process in
courts of equity effectual against mortgagers who abscond and cannot
be served therewith, or who refuse to appear” passed the 7th March
1785, it is directed, that before any decree shall be made on any bill
therein mentioned, the court shall cause the mortgaged premises to be
appraised on oath by two indifferent persons, to be appointed by the
court, that the value of the same may be known by the court as nearly
as may be before the decree be made. And w/zereas it is found by
experience that in most cases, the causing the mortgaged premises to be
appraised in manner aforesaid before any decree shall be made, is attended
with delay and considerable expence, and no valuable purpose answered
thereby. Therefore
Be it enacted by t/ze People of tbe State of New Yor/e, represented in
Senate and A ssenzbly, and it is bereby enacted by t/ze ant/zority of tbe same,
That it shall and may be lawful for the chancellor, to decree and order
a sale of any such mortgaged premises in pursuance of the said act,
without any such appraisement as aforesaid, except in such cases where
he shall judge the same to be necessary, any thing in the aforesaid act
to the contrary notwithstanding.
CHAP. 54.
AN ACT to amend an act entitled “An act for relief against
absconding and absent debtors.”
PASSED the 13th of March, 1787.
WHEREAS doubts may arise upon the said act, whether deeds executed
by the trustees, and proceedings carried on against fraudulent, abscond-
ing or concealed debtors after their decease, are valid in the law.
Be it enacted by t/ze People of tbe State of New Yer/e represented in
Senate and A ssenzbly, and it is bereby enacted by tbe ant/zorizj/ of tbe san'ze,
That in all cases as well where any such debtor or debtors shall have
died, as where any such debtor or debtors shall die after the time ﬁxed
for such debtor or debtors appearance by the order or notiﬁcation of
the judge before whom the proceedings were had shall have expired,
the proceedings shall not be discontinued by the death of Such debtor
or debtors, but may be carried on to a ﬁnal conclusion, as if the said
debtor or debtors had remained in full life, and all such proceedings
and all deeds executed or to be executed in pursuance thereof are
hereby declared as legal as if executed whilst the said debtor or debtors
were living.
CHAP. 56.] ' T TENTH sEssioN. 467
CHAP. 55.
AN ACT for raising a further sum of money to complete the
court house and gaol in Dutchess county.
PASSED the 14th of March, 1787
WHEREAS the supervisors of the county of Dutchess, have by their preamble_ \
petition requested the legislature to enable them by law, to raise a
further sum of money, to complete the court house and gaol in the Said
county, therefore.
Be it‘ eizaeled ﬁy l/ze People of Me Slate of New Yer/e, represented in Supervis-
Senate and Assemﬁly, and it is lzereﬁy eizaei‘ed ﬁy i/ze aalﬁorizfy of tile same, 01's to levy
- . . . tax of
That the supervisors of the several precincts in the said county for the £1.300in
time being, shall be, and they are hereby authorized and required to 033133338
direct to be raised and levied on the freeholders and inhabitants of the
said county, a further stun of one thousand three hundred pounds, with
an additional sum of eight pence in the pound for collecting the same;
which said sum shall be raised levied and collected in the like manner,
as the other necessary and contingent charges of the county are levied
and collected.
And ﬁe ii‘ farl/zer elzaez‘ed ﬁy i/ze aal/zorizj/ aforesaid, That the super- Meeting of
visors of the said county of Dutchess, shall meet for the purpose of Eggemi'n
dividing the said sum to be raised and levied, by virtue of this act, at and where
the dwelling house of Stephen _Hendrickson in Poughkeepsie, in the held‘
said county, on the ﬁrst Tuesday in May next; and it is hereby made
the duty of the clerk of the supervisors of the said county, to notify
the respective supervisors of such meeting.
A/zd ﬁe it farl/ier enacted ﬁy l/ze aai/ioriz‘y aforesaid, That the monies Tax, when
directed to be raised by virtue of this act, shall be collected and paid {gclggdcgjgd
into the treasury of the said county of Dutchess, on or before the ﬁrst paid; how‘
r . - paid out.
Tuesday of September next; and the treasurer of the said county is
hereby required and directed, to pay to the order of the supervisors of
the said county, so much of the said monies as they shall require for
completing the court house and gaol aforesaid, and the residue, if any
there be, shall be retained by him to be disposed of, and applied for the
general benefit of the county, in such manner as the supervisors of the
said county shall direct.
And ﬁe if fZlI’Z/ZL’I’ e/zaeied ﬁy l/ie aal/zorily aforesaid, That it shall and Fees of
may be lawful for the treasurer of the said county of Dutchess, to re- ﬁfgg‘gfgen
tain in his own hands the sum of three pence in the pound, for his
trouble in receiving and paying out the monies directed to be raised by
this act.
CHAP. 56.
AN ACT for making lands and tenements, liable to be sold by
executions for debt, and for the more easy discovery of judg-
ments, and the better security and relief of purchasers, and
creditors.
PASSED the 19th of March, 1787.
Be iz‘ eizaez‘ed ﬁy the People of l/ze Siaz‘e of New York, represe/zz‘ed in Real estate
Senate and Assemﬁly, and ii‘ is izereﬁy enacted ﬁy tﬁe aal/zoriz‘y of file same, 235 33
That all and singular the lands, tenements and real estate of every execution-
468 LAWS OF NEW YORK. [CHAR 56-
debtor, shall be, and hereby are made liable to be sold upon executions,
to be issued by virtue of any judgment, heretofore had or hereafter to’
be had in any court of record, against such debtor, for the payment and
satisfaction of the debt or damages, so recovered, or to be recovered.
J udge to And oe it fart/ter enacted by Me aat/torizj/ aforesaid, That every judge
or officer of any court of record, who shall sign any judgment, shall at
glllldsljiglllégi the time of signing the same, ‘without any fee for doing the same, set
D down the day and year of his signing the same judgment, upon the mar~
gin of the roll or record where the same judgment shall be entered;
and that the clerks of the said respective courts shall mark upon the
back of every roll or judgment ﬁled in their respective ofﬁces, the time
of ﬁling the same. A/zdfart/zer, that no judgment shall affect any lands
or tenements, as to purchasers or mortgagees, or have any preference
against heirs, executors or administrators, in their administration of their
ancestors, testators, or intestates estates, but from the time of the actual
ﬁling of the roll or record of the same judgment in their respective
ofﬁces, after the same shall have been signed as aforesaid.
gaglilglé A //d oe it fart/cer enacted by t/zc aztt/zorizj/ aforesaid, That the several
m 15;, made and respective clerks of the several and respective courts of record in
by clerks' this State, shall, before the last day of the term or court next after the
ﬁrst day of july, in the present year of our Lord one thousand seven
hundred and eighty seven, and so in every term, or at every court, or
within six days thereafter, make or cause to be made and put into an
alphabetical docket, by the name or names, of the party or parties,
against whom any judgment shall be entered, a particular of all judg-
ments, by confession, non sum informatus or nihil dicit, and upon ver-
dicts, writs of inquiry, demurrer and every other judgment, for debt or
damages, entered in the said respective courts, of the term, or at the
court preceding; which shall contain the name and names of the plain-
tiff and plaintiffs, and the name and names of the defendant and defend»
ants, his, her or their place or places of abode and title, trade or pro-
fession, if any such be in the record of such judgment; and the debt
damages, and costs recovered thereby; and the said respective dockets.
shall be fairly put into and kept in books,_in the respective ofﬁces of the
said respective clerks, to be searched and viewed by all persons, at
reasonable times, upon pain that every clerk of the said respective
courts, shall respectively, for every term or court in which he shall omit
or neglect to do his duty in the premises, forfeit the sum of one hundred
pounds, the one moiety to the party aggrieved,‘ and the other moiety to‘
him or them who shall sue for the same; to be recovered with costs of
suit in any court of record, by action of debt, bill, plaint or information..
Aadfart/zer, that no judgment, not docketted and entered in the books
as aforesaid, shall affect any lands or tenements, as to purchasers or
mortgagees, or have any preference against heirs, executors or adminis-
trators, in their administration of their ancestors, testators or intestates
estates. .
Date of en- Arid oe it fart/ter enacted by t/ze aztt/torizj/ aforesaid, That the day of the
131832219? of month and year of the enrollment of recognizances, shall hereafter be
Zancetobe set down in the margin of the roll, where the same recognizances are-
entered on _ _ - 7 ~ .
roll. enrolled; and that no recognizance shall bind any lands, tenements or
hereditaments, in the hands of any purchaser or mortgagee, bona ﬁde,
and for valuable consideration, but from the time of such enrollment.
Execution And tie it fart/ter enacted oy t/ze azct/zority aforesaid, That no writ of
13,208,133,“ execution, shall from henceforth bind the property of the goods of any
debtolj person, against whom such writ of execution shall be sued forth, but
from “me from the time that such writ shall be delivered to the sheriff, under
CHAP. 56.] :I‘ENTH SESSION.
l
469
‘sheriff, coroner or other ofﬁcer to be executed. And for the better
‘manifestation of the said time, the sheriff, under sheriffycoroners and
other ofﬁcers, their deputies and agents, shall, upon the receipt of any
such writ, without fee for doing the same, indorse upon the back thereof,
the day of the month and year, when he or they received the same.
A ad be ii‘ farl/zer eaaei‘ed by i/ze aai/zoriz‘y aforesaid, That where any
debt hath been or shall be recovered or acknowledged, or damages
adjudged or awarded, in any court of record, it shall from henceforth
be lawful for him, her or them, who shall sue for such debt or damages,
to have an execution against the body of such debtor, or a writ com-
manding the sheriff or other proper ofﬁcer, to cause such debt and dam-
ages to be made of the goods and chattles of such debtor, or person
chargeable with such debt, in the usual form, or of the goods and chat-
tels, lands and tenements of the debtor, or person chargeable with such
debt, in the form herein after mentioned; but no execution shall be
issued against the body, or the proper goods and chattels, lands and
tenements of any heir, devisee, executor, or administrator, unless he, she
or they, shall have made their estate liable to the same debt, by false
pleading, or otherwise. A/zd fari/zer, that every person who hath been
or shall hereafter be taken or arrested, by virtue of any such writ of
execution, against his or her body, for any such debt or damages, by
any sheriff or other ofﬁcer, to whom any such writ hath been or shall be
directed, and every person who hath been or shall be committed to the
‘custody of any sheriff or other ofﬁcer, in execution for any such debt
or damages, shall be safely kept in prison, in close and secure custody,
without bail or mainprize, living at his or her own costs, until he or she
shall satisfy and pay such debt and damages; and if any such sheriff or
other ofﬁcer, shall permit any such person so taken, arrested or com-
mitted, or hereafter to be taken, arrested or committed, to go out of
prison, or be at large, by bail, mainprize or otherwise, without the assent
and agreement of the plaintiff, such sheriff or other ofﬁcer shall thereby
become answerable to the plaintiff, for the debt and damages for which
such person was taken, arrested or committed, and the plaintiff may
recover the same with costs, by action of debt, bill or plaint, against such
sheriff or other ofﬁcer.
And be ii‘ fziri/zer enaeied by l/ze azii/zorizy aforesaid, That in every
writ of execution hereafter to be issued against lands and tenements,
the sheriff or other ofﬁcer, to whom such writ shall be directed, shall
be commanded, that of the goods and chattels of the person or persons
against whom such execution issues, in his county or bailiwick, he cause
to be made, the debt, damages, and costs or sum of money, in such ex-
ecution speciﬁed; and if sufﬁcient goods and chattels of such person
or persons cannot be found in his bailiwick or county, that then he
cause the said debt, damages, and costs or sum of money, to be made
of the lands and tenements whereof such person or persons were, or
was seised, on the day when the same lands became liable to such debt,
damages, or sum of money, specifying the day particularly, or at any
time afterwards, in whose hands soever the same may then be. But
when any such execution shall be issued against any person or persons,
as tertenants, or as heirs or devisees of any person deceased, unless they
shall have made their estate liable by false pleading, or otherwise, such
writ shall only command the sheriff or other ofﬁcer, to whom the same
shall be directed, that of the lands and tenements, whereof the ances-
tor, testator or person deceased was seized, on the day the same lands
became liable as aforesaid, or at any time afterwards, or at the time of
his or her death, as the case may require he cause to be made, the
of delivery
to sheriff.
Body exe-
cution, in
what ac-
tions to
issue.
Contents
of execu-
tion; direc-
tion to
sheriff.
470
LAWS OF NEW YORK. ‘ [CHAR 56.
debt, damages and costs, or sum of money in the same writ speciﬁed-
Where one And fart/ter, that where lands or tenements, in the hands of several
of several
parcels of
and liable
to judg-
ment, is
sold.
Purchaser
of lands on
execution;
right of
action in
case of
eviction.
persons, are or shall be liable to satisfy any judgment or debt of record,
and the whole, or more than a due proportion Shall be paid by, or levied
upon the lands of any one or more of them, the person or persons so-
aggrieved, his, her or their executors or administrators, may have a writ
out of chancery, setting forth his, her or their grievance, directed to the
justice of the supreme court, commanding them to hear the complaint,
and to do justice to the parties ; and the justices of the supreme court
shall thereupon cause the party or parties, against whom such complaint
shall be made, to be warned, to be before them, at a certain day, to
shew, if he, she or they have any thing to say, why his, her or their
lands should not be charged with a due proportion of the monies so
paid or levied ; and if he, she or they, do not come at the day, or do
come and can say nothing, why his, her or their lands Should not be
charged with a due proportion of the monies so paid, or levied, then
the sheriff of each county, in which Such lands and tenements So charge-
able, are or shall be situated, shall he commanded, that by the oath of
twelve good and lawful men of his county or bailiwick, he diligently
inquire, what was the true value of the lands and tenements in the hands
of each of the parties respectively, in his county or bailiwick, so charge-
able, at the time they became chargeable as aforesaid ; and that he send
the inquisition which he Shall take thereof, before the Same justices, at
a certain day, under his Seal, and the seals of those by whose oath he
shall take such inquisition: And when the value of the whole lands
and tenements so chargeable, shall be found, the justices shall apportion
the money so paid or levied, together with the plaintiff’s damages and‘
costs of suit, among the several holders of the said lands and tenements
so chargeable, according to equity and justice; and shall cause so much
as each person ought to pay, to be levied of the said lands and tene-
ments, so held by him or her, and to be paid to the plaintiff or plaintiffs.
And fnrt/zer, if any purchaser of any lands or tenements, upon any
execution heretofore issued, or hereafter to be issued, or his or her heirs
or assigns, shall be evicted on account of any irregularity in the pro-
ceedings or want of title in the person or persons, against whom such
execution issued, or by reason of any prior incumbrance, then, and in
every such case, the person or persons so evicted, his, her or their ex-
ecutors or administrators, may have a writ out of the chancery, setting
forth, his, her or their grievance, directed to the justices of the supreme
court, commanding them to hear the complaint, and to do justice to the
parties; and the justices of the supreme court shall thereupon cause,
as well the party or parties, at whose suit, or for whose beneﬁt the same
lands and tenements were sold, as the party against whom the execution
issued, or their respective heirs, devisees, executors, or administrators,
to be warned to be before them at a certain day, to shew if they or
either of them have any thing to say, why the plaintiff should not be
restored to the monies paid for the said lands and tenements; and if
they do not come at the day, or do come and can say nothing why the
plaintiff should not have restitution of the said monies, the plaintiff
shall have judgment and execution for the same, together with his costs
of suit, against him, her or them, who ought to repay the same; and
the party in whose favour such former judgment was had, or his heirs,
devisees, executors or administrators, who may be charged by such
judgment of restitution, shall thereupon have such further judgment
and execution as justice shall require.
CHAP. 56.] TENTH SESSION.
471
And ﬁe ilfzcri/zer enacted ﬁy i/ze azcz‘lzorizy aforesaid, That all prisoners, Prisoner to
be actually
either upon contempt or mesne process, or in execution, who are or detained
shall be committed to any prison, shall be actually detained within such iuﬂngrison
prison, until they shall be from thence discharged by due course of law. fully
1 law-
dis-
And if at any time the keeper or keepers of any prison shall permit or charged‘
suffer any prisoner committed to his or their custody, either upon con-
tempt or mesne process, or in execution, to go or to be at large, out of
his or their respective prisons (except by virtue of some writ of habeas
corpus or rule of court, (which rule of court shall not be granted but
on motion made, or petition read in open court) every such going or
being out of the said prison, shall be judged and deemed, and is hereby
declared to be an escape.
A/zd ﬁe iz‘ fari/zer e/zacled ﬁy i/ze aai/ioriz‘y aforesaid, That if any sheriff Penalty for
’s
or keeper of any prison, shall take any sum of money, reward or gratuity
whatsoever, or any security for the same, to procure, assist, connive at,
or permit any escape of any prisoner, in his or their custody, and shall
be thereof lawfully convicted, every such sheriff or keeper, shall, for
every such offence, forfeit the sum of ﬁve hundred pounds, and his
said ofﬁce, and be for ever after incapable of executing any such ofﬁce.
A/zd ﬁe ii‘ fari/zer enacted ﬁy i/ze aal/zorizy aﬁ2resa2'd, That no retaking
on fresh pursuit, shall be given in evidence on trial of any issue in any
action of escape, against any sheriff or keeper of any prison, unless the
same shall be specially pleaded; nor shall any special plea be taken,
received, or allowed, unless oath be made, in writing, by such sheriff or
keeper of any prison, against whom such action shall be brought, and
ﬁled with such plea, that the prisoner, for whose escape such action is
brought, did without his consent, privity or knowledge, make such
escape, and if such afﬁdavit shall at any time afterwards appear to be
false, and such sheriff or keeper of any prison shall be convicted
thereof by due course of law, he shall forfeit the sum of ﬁve hundred
pounds
And ﬁe ii‘ farl/zer e/zacz‘ed ﬁy l/ze aai/zorizj/ aforesaid, That the party
or parties at whose suit, or to whom any person doth or shall stand
charged in execution, for any debt or damages recovered, his, her or
their, executors or administrators, may, after the death of the said per-
son so charged and dying in execution, lawfully sue forth and have new
execution against the goods and chattels, lands and tenements, or any
of them, of the person so deceased, in such manner and form, to all
intents and purposes, as if he, she or they, or any of them, might have
had, by the laws and statutes of this State, if such person so deceased
had never been taken or charged in execution; but no person or per-
sons, his, her or their executors or administrators, at whose suit or suits
any such party shall be in execution, and die in execution, shall have
or take any new execution against any the lands, tenements or heredita-
ments of such party, so dying in execution, which shall at any time after
the judgment or judgments against such party so dying, and by reason
whereof such party was taken or charged in execution, be by him, or
her, sold bona ﬁde for the payment of any of his or her creditors, and
the money which shall be paid for the lands so sold, either paid or
secured to be paid, to any of his or her creditors, with their privity, and
consent, in discharge of his, her or their due debts, or of some part
thereof, nor against any lands, tenements or hereditaments of any such
person so dying in execution, which shall have been sold by reason of
any other judgment against the said party so dying in execution.
And ﬁe if furz‘lzer enacted ﬁy i/ze azcl/zorizy aforesaid, That if any person
who is or shall be committed in execution to any prison, shall escape
sheriff
taking
bribe to
allow
escape.
Retaking
notbe
given in
evidence
unless
pleaded.
Execution
against
property of
deceased _
debtor.
Where
prisoner
escapes,
47 2 LAWS or NEW YORK. [CHAR 57.
newexe- from thence, by any ways or means howsoever, the creditor or creditors
355,332, at whose suit such prisoner was charged in execution, at the time of his
or her escape, shall, or may retake such prisoner by any new capias, or
' capias ad satisfaciendum, or sue forth any other kind of execution on
the judgment, as if the body of such prisoner, had never been taken in
execution.
Debtor And be itfarﬂ/er enacted by .t/re ant/writ); aforesaid, That if any person
. condemned
to prison hath been or shall be condemned in any court of record in this State,
byorderqf and hath been or shall be, by virtue of any such condemnation com-
court until - - ~ - - -
Satisfac_ mitted to prison, there to remain until he or she shall make satisfaction
fligtntglggei to the party, to whom he or she is or shall be condemned, and any writ
released or writs shall be granted, commanding the sheriff or keeper of the prison,
on ball’ where such prisoner is holden, to have the body of such prisoner, with
the cause of his or her imprisonment, in the chancery, or in any other
court, or before the chancellor, or before any judge or justice, and it be
returned upon the said writ or writs, that such prisoner is condemned
by judgment given against him or her, then, and in every such case,
such prisoner shall be immediately remanded, where he or she shall
remain continually in prison according to the law and custom of this
State, without being let to go by bail or mainprize, against the will of
the party to whom such prisoner is or shall be condemned, until satis-
faction be made to him or her for the sum adjudged.
CHAP. 57.
AN ACT for granting and securing to John Fitch, the sole right
and advantage of making and employing for a limited time, the
steam boat by him lately invented.
PASSED the 19th of March, 1787.
Preamble. \VHEREAS John Fitch of Bucks county in the State of Pennsylvania,
hath represented to the legislature of this State, that he hath constructed
an easy and expeditious method of impelling boats through the water
by the force of steam, praying that an act may pass, granting to him,
his executors, administrators and assigns, the sole and exclusive right
of making, employing and navigating, all boats impelled by the force of
steam or ﬁre, within the jurisdiction of this State, for a limited time.
Wberefore, in order to promote and encourage so useful an improve-
ment and discovery, and as a reward for his ingenuity, application and
diligence,
Sole right‘ Be it enacted by t/ze People of tbe State of New Yor/e, represented in
'gggagjga' Senate and Assembly, and it is bereby enacted by t/ze ant/iority of t/ze sanze,
Steamboat That the said John Fitch, his heirs, executors, administrators and assigns,
Etta, shall be, and they are hereby vested with the sole and exclusive right
of Pen.“— and privilege of constructing, making, using, employing, and navigating,
sylvania. . . .
all and every species or kind of boats or water craft, which may be urged
or impelled through the water by the force of ﬁre or steam, in all creeks,
rivers, bays and waters whatsoever, within the territory and jurisdiction
of this State, for and during the full end and term of fourteen years,
from and after the present session of the legislature.
'Penalty for
unauthor_ And be it fart/ter enacted by t/ze ant/zority aforesaid, That if any person
izftq nagi- or persons whomsoever, without being properly authorised, by him the
IUD - . . . . .
Sgteamboic said John Fitch, his heirs, executors or administrators, shall make, use,
CHAP. 58.] TENTH SESSION. 473
employ or navigate any boat or water craft, which shall or may be urged,
impelled, forced or driven through the water, by the force, power or
agency of ﬁre or steam as aforesaid, within the territory or jurisdiction
of this State, every person or persons so offending, against the tenor,
true intent and meaning of this act, for each and every such offence,
shall forfeit and pay unto the said John Fitch, his heirs, executors or
administrators, or to such other person or persons as he the said John
Fitch his heirs or assigns, shall authorise and empower for that purpose,
the sum of one hundred pounds, to be recovered by action of debt in
any court of record, within this State, wherein the same may be cogniz-
able, with costs of suit; and shall also forfeit to him the said john Fitch,
his heirs or assigns, all such boats or water craft, together with the steam
engine, and all the appurtenances thereof, to be recovered in manner
aforesaid, with costs of suit. Provided always,
A 12d be ii‘ fari/zer eaaeled by Me aai/zoriiy aforesaid, That neither this Act to
act, nor any clause, manner or thing therein contained, shall be taken, $233; $3?
deemed or construed to prohibit or prevent any person or persons from 556123 by
making, using, employing or navigating, within this State, any kind of '
boats or water craft, heretofore invented, or hereafter to be invented,
on any other principles construction or model, which may be urged,
impelled, or driven along through the water, by any other power, force,
agency or means, except ﬁre or steam.
CHAP. 58.
AN ACT for the better extinguishing of ﬁres in the city of New
York.
PASSED the 19th of March, I787.
Be ii eaaeied by the People “of i/ze Siaie of New York, represented in Firemen in
Senate and Assembly, and ii‘ is lzereby erzaeied by ﬁle aza‘lzorizfy of i/ze same, 15%;‘: York
That it shall and may be lawful, to and for the mayor, aldermen and appoint?-
commonalty of the city of New York, in common council convened, or ment 0 '
the major part of them, and they are hereby required to nominate and
appoint a sufﬁcient number of strong, able, discreet, honest and sober
men, willing to accept, not exceeding three hundred in number, of the
inhabitants, being freeholders or freemen of the said city, to have the
care, management, working and using the ﬁre engines, and the other
tools and instruments now provided, or hereafter to be provided, for
extinguishing of ﬁres within the said city; which persons so to be nom-
inated and appointed, as aforesaid, shall be called, The Firemen of the
City of New York, and who, with the engineers of the same city, are
hereby required and enjoined, to be ready at all times, as well by night
as by day, to manage, work and use the same ﬁre engines, and other
the tools and instruments aforesaid, so provided, and to be provided,
for extinguishing of ﬁres in the same city.
And in order that the ﬁremen so to be nominated and appointed as Firemen
aforesaid, may be diligent and vigilant in the execution of their duty, ",ifoerglgéﬁg
Be ii‘ fzirl/zer erzaez‘ed by i/ze aal/zorizfy aforesaid, That the persons so to and militia.
be nominated and appointed ﬁremen as aforesaid, and each and every duty’ etc‘
of them, from time to time, during their continuance in that ofﬁce, and
no longer, shall be, and hereby are declared, to be freed, exempted and
privileged, from serving in the ofﬁce of constable, and from being
impaneled or returned upon any juries or inquests, and of and from
VOL. 2. — 6o
474
LAWS OF NEW YORK. [CHAR 58.
Removal
of ﬁreman.
Common
counoﬂ
may ordain
rules LO
govern
ﬁremen.
Sheriff.
constables,
etc., to
keep order
at ﬁres.
Inhabit-
ants may
be com-
pelled to
keep ﬁre
buckets.
militia duty Within the said city, except in cases of invasion, or other
imminent danger; and that the names of all ﬁremen, to be nominated
and appointed by virtue of this act, shall, from time to time, be registered
and entered with the clerk of the peace of the said city; and his certiﬁ-
cate shall be sufﬁcient evidence, in all courts and cases, of such privi~
lege and exemption. Ana’ furl/ler, that it shall and may be lawful to
and for the mayor, aldermen and commonalty of the said city, in com—
mon council convened, or the major part of them, to remove and dis-
place all or any of the ﬁremen now appointed, or so as aforesaid to be
nominated and appointed, by virtue of this act, when and as-often as
they shall think ﬁt, and others in the room or places, of such as they
shall so remove or displace, to nominate and appoint, and so from time
to time as they the said mayor, aldermen and commonalty of the said
city, in common council convened, or the major part of them, for the
time being, shall think proper.
A 1m’ be it fm'i/zer maria! éy Z/m az/Z/mrz'fy aforesaid, That it shall and
may be lawful to and for the mayor aldermen and commonalty of the
said city, in common council convened, or the major part of them, to
make establish and ordain, such rules, orders, ordinances and regula-
tions, in respect of the government, conduct, duty and behavior of the
persons to be by them from time to time, nominated and appointed
ﬁremen, in virtue of this act, in the working, managing and frequent
exercising, trying and using of the same ﬁre engines, tools and other
instruments, and to impose and establish such reasonable ﬁnes, pen-
alties and forfeitures, upon them, or any of them, for default or neglect
of the duties and services thereby to be enjoined or required from them,
as the mayor, aldermen and commonalty of the same city, in common
council convened, or the major part of them, shall from ‘time to time
think proper.
Aim’ ﬁe z'z‘ f/H'f/ZL’)’ e/zaaz‘m’ ﬁy f/ze al/Z/mrz'z‘y aforesaid, That upon the
breaking out of any ﬁre within the said city, the sheriff, deputy sheriffs,
constables and marshals (upon notice thereof) shall immediately repair
to the place where such ﬁre shall happen, with their rods, staves and
other badges of authority, and be aiding and assisting, as well in the
extinguishing of the said ﬁres, and causing th e persons attending the
same, to work, as in preventing any goods or household furniture, from
being stolen at such ﬁres; and shall seize and apprehend all ill disposed
persons whom they ﬁnd stealing or pilfering: And that the ofﬁcers afore-
said shall also give their utmost assistance to the inhabitants in remov;
ing and securing their said goods and furniture; and in the execution
of the duties required from them by this act, shall in all respects be
obedient to the orders and directions of the mayor, recorder and alder~
men of the said city, or such of them as shall from time to time, be pre-
sent at such ﬁres.
A7207 be it furl/2121' guarded by {/26 azzZ/mrz'fy aforesaid, That it shall and
may be lawful to and for the mayor, aldermen and commonalty of the
said city, in common council convened, by a bye-law or bye-laws, ordi-
nance or ordinances, by them for that purpose to be made and ordained,
to direct and require the inhabitants or owners of houses and other
buildings in the said city, to furnish and provide themselves with such
and so many ﬁre buckets, to be ready in their respective houses and
other buildings, for the purposes of extinguishing ﬁres, which may hap-
pen in the said city, and to impose and establish such reasonable ﬁnes,
penalties ‘and forfeitures, for every neglect, default or disobedience
thereof, as the said mayor, aldermen and commonalty of the said city,
in common council eonvened, shall think proper.
CHAP. 59.] TENTH SESSION. 47
01
And w/zereas the inhabitants of the said city, have, on all occasions of
ﬁre, not only chearfully afforded their ready assistance in extinguishing
the same, but have also sent out their leather ﬁre-buckets for that pur-
pose, many of which have, from time to time, been burnt, distroyed or
lost, for which no recompence or allowance hath been provided, which
may approve a great discouragement to owners of buckets in furnishing
them on the like occasion, for the future; for remedy whereof.
Be it fz/ri/zer e/zacz‘ed ﬁy Z/ze aai/zorizfy aforesaid, That in case any per- Common
son or persons shall hereafter lose any bucket or buckets, at any ﬁre comm“ to
_ _ _ _ providefor
which may happen in the said city, and shall make proof before the payment
mayor, recorder or any one of the aldermen of the said citv, for the £34553
time being, of the value of such bucket or buckets, and that the same 105w‘ ﬁres
was or were actually lost or destroyed in that service; that then and in
such case, the mayor, aldermen and commonalty of the said city in
common council convened, shall, by warrant under the hand of the
mayor or recorder, presiding at such common council directed to the
treasurer or chamberlain of the said city, for the time being, order the
value of such bucket or buckets to be paid to such person or persons, so
making proof of the loss thereof, out of any monies remaining in his
hands, for the payment of the contingent expences arising in the said
city. And if any person or persons shall, at any time thereafter be
convicted of having taken a false oath, touching the premises, he,
she or they so offending, shall incur the penalties of willful and corrupt
p e r u ry. Proaided (Z/‘ZUQTS.
A/zd ﬁe ii‘ farl/zer elzacz‘ed ﬁy l/ze aaz‘lzorizy aforesaid, That if any such Lost_buck—
bucket or buckets, so proved to be lost as aforesaid, shall afterwards ,Qgsu’rigato
happen to be found, the property thereof shall thenccforward be in the bepyoperty
- v of city.
mayor, aldermen and commonalty of the city of New York, unless the
owner or owners thereof, will take back the same, and return the money
allowed and paid to him or them, for the loss thereof.
CHAP. 59.
AN ACT for the vmore effectual preservation of the public wells
and pumps in the city of New-York.
PASSED the 19th of March, I787.
YVHEREAS it is found by experience that the keeping the public wells Preamble,
and pumps in the city of New York in constant repair, hath contributed
to-the safety of the said city against accidents by ﬁre; Therefore
Be ii‘ e/zacz‘ed ﬁy l/ze People of ﬁle Slate of New York, represe/zz‘ed i/z Overseers
Se/zaz‘e a/zd Assez/zﬁly, and 2! is ﬁereﬁy e/zacz‘ed ﬁy i/ze azci‘ﬁorizfy of l/ze same, gld'fnps
That it shall and may be lawful to and for the mayor, recorder and in New, _
aldermen, or any ﬁve of them, whereof the mayor or recorder to be one, and they are hereby directed and required, on the ﬁrst Tuesday in May ment of-
next, and on the ﬁrst Tuesday in May in every year thereafter, to nom-
inate and appoint one or more ﬁt person or persons, for each and every
of the wards of the said city, being inhabitants of the said city, and
actually resident in such respective wards, to be overseers of the wells
and pumps in such respective wards, for the year then next ensuing: All
which persons so to be appointed as aforesaid, shall have the care and
charge of all and every the public wells and pumps, which now are, or
hereafter shall be sunk or made in the ward, for which he or they shall
476
LAWS OF NEW YORK. [CHAR 59.
Id. ; duty.
Vacancies.
Accounts
to be kept.
Penalty
for neglect
of duty.
Accounts
to be ren-
dered to
mayor, etc.
be so severally appointed overseers, as aforesaid; of which appointment
so to be made the said mayor, or recorder, with three or more aldermen
shall within three days thereafter, send notice in writing, to each and
every of the said persons, so by them to be appointed overseers as afore-
said: And if any public well or pump shall stand in a street where two
wards do join, then the aldermen of the two wards so joining, or if they
disagree, the mayor or recorder, with them, shall. direct appoint
which of the overseers shall take the care and charge of such well or
pump: And if any public well or pump shall stand in a street where
three wards do join, that then the aldermen of the said wards so join-
ing, or the major part of them, shall direct and appoint which of the
said overseers shall take the care and charge of such well or pump.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That each and
every person so to be appointed overseer as aforesaid, shall, within
eight days next after his being so appointed, and notice thereof to him
given as aforesaid, cause all and every the wells and pumps, whereof he
is or shall be appointed overseer as aforesaid, to be viewed, examined,
cleansed and put in good order and repair, and shall so keep and main-
tain them, from time to time, as long as he shall continue overseer
thereof; and shall also from time to time, cause new pumps to be put
into such wells as the alderman and assistant of the ward shall judge
necessary. And in case any one or more of the overseers to be appointed
by virtue of this act shall remove out of the said city, or shall die before
the expiration of one year next after his being appointed, or being
appointed, shall refuse to act; that then, and in either of the said cases,
it shall and may be lawful to and for the said mayor, recorder and
aldermen of the said city, or any ﬁve of them, whereof the mayor
or recorder to be one, by a majority of voices, to appoint another or
others in his or their room and stead; and so as often as such case shall
happen. Andfnrt/zer, that all and every the overseers to be appointed
by the said mayor, recorder and aldermen, by virtue of this act, shall
keep just, fair and exact accounts of all and every sum and sums of
money, which they, or any, of them, shall pay and expend, in about and
towards the cleansing, maintaining and keeping in good repair, the wells
and pumps, in his or their charge.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That in case any
or either of the overseers so to be appointed by virtue of this act, shall
neglect or refuse to accept the ofﬁce, or having accepted thereof, shall
neglect or refuse to do his duty therein, as is required by this act, every'
such person, shall for every such refusal, neglect or delay, forfeit the
sum of ﬁve pounds lawful money of this State, to be recovered by action
of debt, with costs of suit, in any court within this State, having cogni-
zance thereof, by any person or persons who shall sue and prosecute the
same, to effect; one half of which forfeiture, when recovered, shall be
paid to the treasurer or chamberlain of the said city, for the time being,
and applied towards repairing such public wells and pumps, in the same
manner as the other monies to be raised for that purpose, are directed
to be appropriated; and the other half to the person who shall sue and
prosecute for the same to effect, as aforesaid.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That the over-
seers of the public wells and pumps, in each of the wards of the said
city, shall, once in every thee month, render to the mayor, aldermen and
commonalty of the said city of New York, in common council convened,
a just and true account upon oath, of all and every sum and sums of
money by him or them respectively paid and expended, in and about
the cleansing, amending and repairing, the wells and pumps aforesaid,
CHAP. 60.] TENTH SESSION.
477
together with the vouchers or receipts for the same, (to be by them
inspected, examined and ﬁled). And the said common council of the
city of New York, shall thereupon forthwith issue their warrant, to be
signed by the mayor or recorder, presiding at such common council,
directed to the treasurer or chamberlain of the said city for the time
being, and requiring him to pay to such overseer so producing vouchers,
and making oath to his account, the full amount thereof, out of any
monies remaining in his hands for such purposes.
A/zd w/zereas divers disorderly persons, have frequently been guilty of
cutting well ropes, and breaking the handles of pumps and doing other
mischiefs to both, for prevention whereof for the future.
Be iz‘fari/zer e/zaez‘ed by z‘lze aza‘borizj/ aforesaid, That if any person or
persons shall artfully or maliciouslycut any of the public well-ropes,
or break or injure the handles of, or do any other hurt or damage to
any of the said wells or pumps, and shall thereof be convicted before
the mayor, recorder or any one of the aldermen of the said city, either
by the confession of the party or parties so offending, or by the oath of
one or more credible witness or witnesses, he, she or they, shall for every
such offence, forfeit the sum of forty shillings, to be recovered with costs
of suit, and levied by warrant under the hand and seal of such mayor,
recorder or aldermen, before whom such offender or offenders shall be
convicted; one half of which forfeiture to be paid to the treasurer or
chamberlain of the same city, for the time being, to be applied as afore-
said and the other half to the person or persons, who shall prosecute
for the same to effect: And upon refusal of payment of such forfeiture
or forfeitures, and want of sufﬁcient distress, whereon the same can be
levied, then the said mayor, recorder or alderman, before whom such
conviction shall take place, is hereby empowered and required, by war—
rant under his hand and seal to commit every such offender, to the
bridewell or house of employment of the said city, there to remain with-
out bail or mainprize, for the space of one month, or until such forfeit-
ure and cost shall be paid. And if such offence shall be committed by
any apprentice, servant or slave, such forfeiture shall be paid by his or
her master, mistress or owner; or in default thereof, such apprentice,
servant or slave shall be committed to the bridewell or house of employ-
ment of the said city in manner aforesaid.
CHAP. 60.
Malicious
injury to
pumps or
wells, pun—
ishment,
for.
AN ACT to vest the real estate of Hendrick Remsen deceased, ‘
in trustees, for the purposes therein mentioned.
Passer) the 215i of March, 1787.
\VHEREAS Hendrick Remsen late of the city of New York, merchant,
deceased, did in his life time make and subscribe a certain instrument
of writing, to the following effect, to wit, “My estate to be divided
after my decease, joris 1500, Henry 1000, and the remainder to be
equally divided among my four children, to wit, George Remsen, Henry
Remsen, Dorothy Remsen and Phebe Remsen.” And zo/zereas all the
said children of the said Hendrick Remsen being then of full age, did
enter into articles of agreement with each other, under their several
and respective hands and seals, to observe and abide by the intentions
of the Said Hendrick, so as aforesaid expressed in the aforesaid instru-
Preamble.
478
LAWS or NEW YORK. [CHAR 60.
Real estate
of Hen-
drick Rem-
sen, de-
ceased,
vested in
trustees
for pur-
poses
named.
ment of writing, as fully to all intents and purposes, as if the same had
been his last will and testament, executed in due form of law. And
w/zereas Dorothy Remsen, daughter of the said Hendrick, subsequent
to the execution of the articles of agreement aforesaid, did make her
last will and testament in due form of law, and did therein and thereby
give and devise her whole estate to the legatees and devisees therein
named, as follows, unto her godson and nephew Henry Remsen, son of
her brother Henry Remsen, the sum of ﬁve hundred pounds current
money of New York. [fem to joris Remsen, son of Henry Remsen,
the like sum of ﬁve hundred pounds current money aforesaid. Item to
jeronimus A. Remsen, son of Aris Remsen, twenty ﬁve pounds for a
suit of clothes and-a mourning ring, and the residue of her estate to
her mother Catalina Remsen, and her brothers joris and Henry Rem-
sen, and to her sister Phebe Remsen, and to their respective heirs and
assigns, equally to be divided share and share alike. And w/zereas the
said Phebe Remsen, one of the daughters of the said Hendrick Rem-
sen, subsequent to her entering into the articles of agreement aforesaid,
did marry with jeronimus Remsen, by whom she had issue two children,
which said children, are still minors, and the said Phebe hath since
departed this life. And w/zereas all the parties who are interested in
the estate of the said Hendrick Remsen, are desirous that the dispo-
sition of the estate of the said Hendrick, so as aforesaid manifested by
him in the aforesaid instrument, should be carried into execution, which
cannot be done without the aid and assistance of the legislature. Aezd
w/zereas the said George Remsen, Henry Remsen and jeronimus Rem-
sen, by their petition have prayed that the real estate of the said Hen-
drick Remsen, deceased, may by an act of the legislature, be vested in
George Remsen, Henry Remsen, jeronimus Remsen and Henry Rem-
sen junior, and their heirs in trust, to sell the same, and to divide the
monies arising from the said real estate among the several persons inter-
ested therein ; and their request appearing to the legislature to be
reasonable, Therefore
Be it emzez‘ed by ﬁle People of z‘be Sz‘aie 0f 1Ve10 Yer/e, represented in
Semzz‘e and Assembly, and 22‘ is bereby enacted by ﬁle azef/zerz'z‘y of the same,
That all and singular the real estate, lands, tenements and heredita-
ments, within this State, whereof the said Hendrick Remsen died seized,
shall, at and immediately after the passing of this act, be, and hereby
are vested in the said George Remsen, Henry Remsen, jeronimus Rem-
sen and Henry Remsen junior, and their heirs, upon trust, that they the
said George Remsen, Henry Remsen, jeronimus Remsen and Henry
Remsen junior, and the survivors and survivor of them, and the heirs of
such survivor, shall and do with all convenient speed sell and dispose
of the said real estate, lands, tenements and hereditaments, with the
appurtenances, at public vendue or otherwise, in such parts and parcels
as they shall ﬁnd necessary, for the most money, and best price and
prices, that can be reasonably got for the same, and shall and do dispose
of and apply the money to arise by such sales, and the mean proﬁts by
them to be received until such sale or sales shall be made, in manner
following, that is to say, ﬁrst, for paying and reimbursing themselves
for their trouble, and all such charges and expences as they shall sus-
tain, or be put to, by reason of the trust so reposed in them; and in the
next place for paying and discharging the debts and funeral charges of
the said Hendrick Remsen, deceased, if any there be unpaid, the sev-
eral pecuniary legacies in the aforesaid instrument of writing of the
said Hendrick speciﬁed and mentioned, that is to say, the sum of ﬁf-
teen hundred pounds to the said George Remsen, and one thousand
CHAP. 60.] TENTH SESSION.
. 479
pounds to the. said Henry Remsen, and shall and do' pay one fourth
part of the residue of the monies arising from the sale of the said
real estate to the said George Remsen,_one other fourth part thereof
to the said Henry Remsen, one other fourth part thereof to the execu-
tors named in the last will and testament of the said Dorothy Remsen
deceased, for the use and beneﬁt of the legatees and devisees therein
named, in the manner by her directed in her said last will and testa-
ment, and the remaining fourth part thereof to the children of the said
Phebe Remsen, equally to be divided between them, or to the guardians
i . of the said children lawfully to be appointed, for their use.
Azzd ﬁe ii‘ farl/zer e/zacz‘ed ﬁy i/ze aai/iorizj/ aforesaid, That the said
trustees shall by virtue of this act be deemed and adjudged in the
actual possession of all and singular the premises so vested in them as
aforesaid; and that all and every sale, grant, conveyance and assurance
to be made in virtue of this act by the said trustees, or the survivors or
survivor of them, or the heirs of such survivor, of all and every or any
part of the premises so vested in them, shall be good and effectual to
all and every purchaser and purchasers, his, her and their heirs and
assigns, according to the purport and effect thereof; and the said
purchasers, their heirs and assigns, shall and may by virtue thereof, and
of this act, have, hold and enjoy the same premises, against the heirs,
devisees, legatees, executors and administrators, of the said Hendrick
Remsen deceased, and their and every of their heirs, executors, ad-
ministrators and assigns, saving to all other persons, bodies politic and
corporate, their and every of their heirs, successors and assigns, all such
right, title, estate, and interest, claim and demand, as they, or any, or
either of them had, or should, or ought to have, of, in, to, or out of, any
of the said real estate, so sold as aforesaid, if this act had not been
made.
A 12d ﬁe z'z‘ far/leer enaci‘ed ﬁy i/ze aal/zorily aforesaid, That the receipt
or receipts of the said trustees, or the survivors or survivor of them, and
the heirs of such survivor, under his her or their hands or hand
respectively, shall be a sufﬁcient discharge to the purchaser or pur-
chasers of the premises so sold, or any part thereof, and to their respec-
tive heirs, executors administrators and assigns, for so much of the pur-
chase money for which such receipt or receipts shall be given ; and such
purchaser or purchasers, his, her or their heirs, executors, administra-
tors or assigns, shall not be answerable for any loss, misapplication or
non application of the said purchase money, or any part thereof.
A/zd ﬁe il fzirz‘lier eizacz‘ed ﬁy l/ie azcl/zoriz‘y aforesaid, That the said
trustees, shall not, nor shall either of them, or the heirs, executors or
administrators of either of them, be answerable or accountable for any
money to be received by virtue of or under the trust hereby reposed in
them, any otherwise, than each person for such sum and sums of money,
as he or they shall respectively actually receive or give a receipt or
receipts for ; and that no one of them shall be answerable or account-
able for the acts, receipts, neglects, or defaults of any other of them.
And ﬁe iz‘ fiiri/zer e/zacz‘ed ﬁy z‘lze aal/zoriz‘y aforesaid, That the said
George Remsen, Henry Remsen, Jeronimus Remsen and Henry Rem-
sen Junior, shall severally, before they enter upon the trust hereby
reposed in them, give bond with such Security and in such manner as
the chancellor shall direct, for the faithful performance of the said
trusts.
Grants by
trustees to
have full
effect.
Receipt of
trustees to
be full dis-
charge of
purchase-
money.
Trustees
severally
and not
jointly
liable.
Bond to be
ﬁled in
chancery.
480
LAWS OF NEW YORK. [CHAP.,61.
Common
council of
New York
city de-
clared
commis-
sioners of
highways.
Powers
and duties
of commis-
sioners of‘
highways.
CHAP. 61.
AN ACT for the better regulating the public roads in the city
and county of New York.
PASSED the 215i of March, 1787.
Be it enacted by t/ze people of tbe State of JVew York, represented in
Senate and Assembly, and it is hereby enacted by t/ze ant/zority of t/ze sanze,
That the mayor, aldermen and commonalty of the city of New York, in
common council convened, and their successors, shall be, and hereby
are appointed commissioners to regulate and keep in repair the present
public roads or high ways; and to lay out, regulate and keep in repair
such other public roads or high ways, as shall hereafter be laid out in
the said city and county.
And be it fz/rt/zer enacted by t/ze ant/zority aforesaid, That the said
commissioners, so as aforesaid by this act appointed, shall be, and
hereby are fully authorized and impowered to widen or alter, all public
roads and highways, already laid out in the said city and county, to such
convenient breadth, not exceeding four rods, nor less than two rods, as
the said commissioners shall judge ﬁt, to make them passable for horses
and carriages. And also, to lay out and make such other public roads
or highways, as they shall think necessary or convenient for the said
city and county, in manner aforesaid, if the owner or owners of the said
lands thro’ which such new roads are to run, or his her or their agent
or legal representative will, on reasonable recompence, consent to the
same: And if in widening or altering any such public road or highway,
now in being, or if in laying out any public road or highway hereafter,
or in widening or altering the same, the said commissioners shall take,
or require for such purposes the lands of any person or persons, they
shall give notice thereof to the owners or proprietors of such land, or
to his her or their agent or legal representative. And to the end, that
reasonable satisfaction may be made for all such lands, as shall be taken
and employed for the use aforesaid, the said commissioners shall and
may treat and agree with the owners and persons interested therein, or
his her or their agent or legal representative; and if any such owners or
proprietors shall refuse to treat in manner aforesaid, then and in such
case, it shall and may be lawful to and for the mayor or recorder, and
any two or more aldermen, by virtue of this act, to issue a precept
directed to the sheriff of the said city and county of New York, com-
manding him to impannel and return, and he is hereby required to
impannel and return, a jury to appear before the mayors court, at the
then next meeting thereof, not less than three weeks from the date of
such precept, to inquire of and assess the damages and recompence due
to the owner or owners of such land; and at the same time to summon
the owner or owners of such land, or his her or‘ their agent or legal
representative, by notice to be left at his or her last most usual place of
abode, to appear beforesuch mayors court, on the day and at the place
of the return of such precept, which jury, being ﬁrst duly sworn for that
purpose, and having viewed the premises, if necessary, shall inquire of
and assess such damages and recompence as they shall, under all the
circumstances, judge ﬁt to be awarded to the owner or owners of such
land, according to their several and respective interests and estates, of
and in such land, or any part thereof, for their respective interests and
estates in the same; and the verdict of such jury, and the judgment of
CHAP. 61.] TENTH SESSION. 481
the said mayors court thereupon, and the payment of the sum and sums
of money so awarded and adjudged to the owner or owners thereof, or
tender and refusal thereof, shall be binding to all intents and purposes,
against the said owners and their respective heirs, executors, adminis-
trators and assigns, claiming any interest or title in or to the same land,
and shall be a full authority to the said commissioners, to cause the said
land to be converted to, and used for the purposes aforesaid; any thing
herein, or in any other law contained to the contrary hereof in any wise
notwithstanding.
Provided airways, and be ii‘ farz‘lzer eizaeled by Me aal/zoriify aforesaid, Proviso, as
That nothing in this act before contained, shall be deemed to authorize 3,3035%
or require compensation to be made to any person or persons for any ments.
lands, which he, she or they shall have obtained by encroaching on such
public road or highway. AildﬁVOT/idﬂl fari/zer, that the main road or Kings
highway leading to Kings bridge shall not be of less breadth than it is bndgeroa'd
at present nor any part thereof less than four rods wide.
A ad be if furl/ter e/zaez‘ed by i/ze aaz‘lzoriz‘y aforesaid, That it shall and causeways
may be lawful to and for the said commissioners to cause to be made, $1,331,168,
built and erected, such, and so many causeways and bridges, and at such 213233251213;
places, as they shall think necessary; and to cause ditches from such of high.
public roads or highways to be made and cut, thro’ any persons land, Ways‘
where they shall judge proper, for conveying the water from, and keep—
ing the same roads or highways dry and in good order, and from time
to time to appoint one or more surveyors or overseers of the said roads
or highways, and to employ labourers and workmen, to make and keep
the same in repair.
And be if fart/ter enacted by Me azii/zorizfy aforesaid, That the said Returns of
commissioners shall, from time to time, make regular returns in writing, {QEEPXKYS
of all the roads or highways, by them widened, altered or laid out, to be ﬁgtgglllfgfed
signed by the clerk of the common council of the said city of New York, corded in
and cause the same to be entered in the records of the same city, and glglgéis
that whatever the same commissioners shall do, according to the power
given them by this act, being so entered on record, shall be deemed
good and valid, to all intents, constructions and purposes in the law
whatsoever.
And be ilfari/ier enacted by i/ze aai/zoriiy aforesaid, That if any person Obstruct-
or persons, shall wantonly spoil or damage any such roads, bridges or tﬁzt’y‘gfirhq
causeways, or ﬁll up, or destroy, any of the ditches aforesaid, or fence gflfialty
across any of the said roads or highways, or erect or set up any gates /~-
thereon, or put or leave in any of them, any unnecessary obstruction,
without leave of the said commissioners, or if any person or persons,
shall leave a dead horse, or the carcase of any other beast, or any broken
carriage, in any of the said roads or highways, for any longer time, than
may be necessary to remove the same, or set up, in or near the said
roads or highways, any thing by which horses are usually affrighted, or
shall, by any improper behaviour, affright any horse or traveller, on any
of the same roads or highways, every such person, shall, for every such
offence, forfeit and pay to the treasurer or chamberlain of the said city,
for the time being, the sum of forty shillings lawful money of this State;
to be recovered by the same treasurer or chamberlain, with costs of suit,
by action of debt, before any court having cognizance thereof; and
when recovered, to be applied to the repairing and improving the said
roads or highways, as the said commissioners shall think ﬁt. And far-
z‘lzer, to prevent as far as possible, the evasion of the good purposes
intended by this act, that the owner of every dead horse, or other
nusance aforesaid, left in any of the said public roads or highways,
VOL. 2.— 6r
482 LAWS OF NEW YORK. [CHAR 62.
shall be deemed to have put or left the same thereon, unless he or she
prove the contrary.
Removal Arid be it farz‘ber mauled by ﬁle aat/zorily aforesaid, That on informa-
2,232,522,?” tion being given, by any person whomsoever, to the overseer or over-
quiry as to seers of the said roads or highways, of any of the said nusances oi
wrongdoer. . . . _
obstructions, he shall immediately proceed to the removing thereof;
and shall also use his best endeavours to discover the person or per-
sons, who committed the same, who, upon discovery, shall not only be
liable to the penalties, herein before appointed, but also to the costs of
removing them, and a reasonable compensation to such overseer or
overseers, for his or their time or trouble therein; to be recovered by
such overseer or overseers with costs of suit, before any court having
Neglect by cognizance thereof as aforesaid. Arid farz‘ber, that every overseer who
overseer‘ shall neglect or refuse to do his duty, according to the true intent and
meaning of this act, shall, for every such neglect or refusal, forfeit and
pay to the treasurer or chamberlain of the said city for the time being,
the sum of ﬁve pounds like lawful money, for every offence, to be recov-
ered with costs of suit, and paid and applied as aforesaid.
process And be it fart/zer mated by z‘be azit/zorizj/ aforesaid, That the ﬁrst
giggfxecu‘ process to be issued against any offender or offenders against this act,
shall be by warrant and not otherwise; and that the execution, on con-
viction, shall be against the goods and chattels of the offender or offend-
ers; and for want of such goods and chattels, against his, her or their
bodies, and shall be contained in one and the same precept, and not
otherwise; any law, usage or custom to the contrary hereof in any wise
notwithstanding.
Penalty for And be it fart/ter enacted by Z/ze aza‘boriz‘y aforesaid, That in case any
gggggtgges person or persons, shall sell or otherwise destroy any tree or trees, stand-
ing on any of the said roads, or within the distance of one rod thereof,
without the leave of the said mayor, aldermen and commonalty, or cf
the owner of such tree or trees, such person or persons shall for every
such offence, forfeit the sum of three pounds, to be recovered, paid and
applied as aforesaid.
Waggns And be it farz‘ber enacted by Me aaz‘borz'z‘y aforesaid, That in all cases
going - . . ,
southward of_ persons meeting each other on any of the said roads or highways, in
to gavef carriages, waggons, carts or sleighs, those who are going out north ward,
gay? 0 shall give way to such as are coming in southward, under the penalty of
forty shillings for every offence, to be recovered, paid and applied in
manner aforesaid.
CHAP. 62.
AN ACT for the more easy assessment and collection of taxes in
the city and county of New York.
PASSED the 21st of March, 1787.
Alltaxes to Be it e/zaez‘ed by Me People of Me Sz‘az‘e of New York, represented in
belevied in Serzaz‘e and Assembly, and it is bereby erzaez‘ed by z‘lze auz‘lzoriz‘y of [be same,
the same _ . . . . .
manner- That all taxes to be levied within the city and county of New York,
by virtue of any law hereafter to be made and passed, whether for the
use of the State or for the maintenance of the poor and defraying the
contingent charges within the said city and county, shall be rated and
assessed by the assessors, and collected by the collectors, now chosen,
or hereafter to be chosen for the assessing and collecting of taxes, to
CHAP. 63.] TENTH SESSION. 483
be raised within the said city and county, any law, usage or custom
to the contrary in any wise notwithstanding.
And ﬁe ii furl/zer enacz‘ed ﬁy t/ze azii/iorizy aforesaid, That all monies Taxes for
heretofore raised, or hereafter to be raised, by tax on estates real and ggitsgﬂhe
personal of the freeholders and inhabitants of the said city and county, poor and
for the maintenance of the poor, and for defrayin g the contingent charges $1,121,523.11;
within the said city and county, shall be paid into the hands of the treas-
urer or chamberlain of the same city, for the time being, and shall be
applied and disposed of for the purposes for which the same are or
shall be so raised, in such proportions and from time to time, as the
mayor, aldermen and commonalty of the same city, in common council
convened, by warrant under the hand of the mayor or recorder of the
said city, presiding in such common council, shall direct and appoint.
And ﬁe i2.‘ furl-ner enacz‘ed in’ ﬁre czar/eerily aﬁoresaid, That the mayor, Mayor, re-
recorder and aldermen, for the time being, of the city of New York, or $33,953?
the major part of them, of whom the mayor or recorder always to be declared“)
- - be the su—
one, shall be, and hereby are declared to be, the supervisors of the city pervisors
and county of New York, and shall be so considered in all laws already $0132“),
made, and hereafter to be made, except in such cases where in and by i
this act or any other of the laws aforesaid,‘ it is, or hereafter shall be
otherwise expressly directed.
And ﬁe ii‘ fzirl/ier e/zacz‘ed ﬁy l/io anf/iorizj/ aforesaid, That no minister Persons
of the gospel, phisician, surgeon, clerk or attorney of any court of record, 35333,.
or any person who shall have served as a member or clerk of the senate ing as Col-d
or assembly, or in any ofﬁce in the corporation of the said city, superior Coclfgiib‘i‘l‘,
to that of collector or constable, shall be compelled to serve in the said
ofﬁce of collector or constable, within the said city.
CHAP. 63.
AN ACT for altering the charter rights of the city of Albany.
PAssED the 21st of March, 1787.
WHEREAS by the charter of incorporation granted to the mayor alder- Preamble.
men and commonalty of the city of Albany, on the twenty second day
of July in the year of our Lord one thousand Six hundred and eighty
six, it is, among other things granted and declared, that the mayor of
the said city for the time being, and no other, shall have power and
authority to grant licences annually under the public seal of ths said
city, to all tavern-keepers, ordinary-keepers; victuallers and all public
sellers of wine, strong waters, cyder, beer or any sort of liquor by retail,
within the liberties and precincts thereof, or without the same, in any
part of the county of Albany; and that the mayor of the said city for
the time being, shall be the sole coroner of the said city and county of
Albany. That the said mayor, aldermen and commonalty, should have
the exclusive right of regulating the trade with the Indians in the said
city of Albany, and to the eastward northward and westward of the said
city; and that the freemen of the said city, and no other inhabitant of
the colony of New York, should be admitted to such trade. That the
election of aldermen, assistants and chamberlain for the said city, shall
be annually held on the feast of St. Michael the archangel. That the
mayor and any three or more of the aldermen, and three or more of the
assistants, shall be the common council of the said city. And that a
court of common pleas shall be held once every fortnight for the said
484
LAWS OF NEW YORK. [CHAR 63.
Certain
charter
rights of
the city of
Albany
abrogated.
Election of
charter
officers to
be held on
the last
Tuesday of
September.
Recorder
to act as
mayor in
case of
absence.
Three
aldermen
to hold
court of
common
pleas in
absence of
mayor and
recorder.
One coro-
ner to be
appointed
for the city
of Albany.
city of Albany, before the mayor, recorder and aldermen, or any three
of them, whereof the mayor or recorder to be one.
And whereas the said mayor, aldermen and commonalty, have by a
deed under their ‘common seal, surrendered and yielded up to the
people of this State, the said above mentioned and recited rights and
privileges granted to them in and by the said charter, of the mayor of
the said city granting licenses to tavern-keepers, and others as aforesaid,
in any part of the county of Albany, (the said city of Albany only
excepted) and of the mayor being the coroner of the said city and
county of Albany; and also the right of regulating and exclusively
enjoying the said trade with the said Indians, and also the right of elect-
ing the ofﬁcers aforesaid, on the feast day of St. Michael the arch-angel.
And ro/zereas the said mayor, aldermen and commonalty of the said city,
have also by their petition under their common seal as aforesaid, prayed
to have certain alterations made in the rights and privileges herein
before recited, and not in and by the said deed surrendered and yielded
up; Therefore.
Be it enacted by t/ze People of t/ze State of New York, represented in
Senate and A ssenzbly, and it is bereby enacted by t/ze ant/writt) of tbe same,
That the said deed of the said mayor, aldermen and commonalty of the
city of Albany, is hereby declared to be accepted; and that the said
rights and privileges of the mayor of the said city, of granting licenses
to tavern-keepers, and others as aforesaid, (excepting only in the city
of Albany), and of being coroner of the said city and county of Albany,
and also the right of regulating and carrying on the said trade with the
Indians, and also the right of electing the said aldermen, assistants and
chamberlains on the day aforesaid, respectively granted in and by the
said charter of incorporation, shall be, and the same are hereby respect-
ively abolished, abrogated, annulled, and made void, any thing in the said
charter contained, to the contrary thereof in any wise, notwithstanding.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That the election
of the said aldermen, assistants and chamberlain, to be elected in pur-
suance of, and in virtue of the said charter, shall forever hereafter be
held on the last Tuesday of September in every year; and that the said
aldermen assistants and chamberlain, shall, instead of taking the oaths
of ofﬁce pursuant to the directions of the said charter on the fourteenth
day of October in every year forever hereafter, take the said oaths in
the manner prescribed in and by the said charter, on the second Tues-
day of October in every year.
And be it fnrt/zer enacted by t/ze azct/zority aforesaid, That it shall and
may be lawful, when and as often as the mayor of the said city for the
time being, shall be sick, die, or be absent from the said city, for the
recorder of the said city to convene a common council for the said city,
and to hold the same in like manner, and with the same number of'
aldermen and assistants, as the mayor of the said city in and by the said
charter is authorised and empowered to convene and hold the same.
And be it fart/ter enacted by ﬁre ant/zority aforesaid, That in case of‘
the sickness, death or absence of the mayor and recorder, it shall and
may be lawful to and for any three of the aldermen of the said city, to
hold and keep the court of common pleas established in and by the said
charter, in like manner, as if the said mayor, or recorder were present,
and together with two aldermen, held and kept the same.
And it be fart/ter enacted by t/ze ant/zority aforesaid, That one of the’
coroners to be appointed in and for the county of Albany, shall forever
hereafter be a citizen of the said city, and that such coroner, so being a
citizen of the said city, shall be the sole coroner in and for the said city.
CHAP. 65.] TENTH SESSION. 485
Provided always, that nothing in this act contained, shall be construed
to alter, change or abolish the/right granted in and by the said charter,
to the mayor of the said city,'to grant licenses to tavern-keepers, and
others, who sell liquors in the said city, in the manner directed and
declared in and by the said charter; or to affect, alter abridge or extend
any right or privilege, granted in and by the said charter, other than
those in and by this act particularly mentioned, as altered, abrogated or
abolished.
CHAP. 64.
AN ACT for the relief of persons, who were in exile during the
late war in respect to the payment of certain arrears of taxes.
PASSED the 22nd of March, 1787.
WHEREAS it has been represented to the legislature by the humble Preamble.
petition of William Van Deursen, joseph Hall and several other persons
who were inhabitants of the city of New York previous to the evacuation
thereof by the army of the United States; that they are charged with
certain arrears of taxes, assessed against them during the time of their
exile, and while they were resident in the city of Albany, and before
their return with their families to the said city of New York; and w/zereas
the time limited by the act entitled “An act for the more effectual col-
.lection of the arrears of taxes ” passed the 3rst of March 1786, for the
payment of such arrears in certiﬁcates, had expired before the said per-
son were required to pay the same; and wbereas suits have been com-
menced against the said persons for the payment of the said arrears in
gold or silver coin, and it is deemed reasonable, that the said persons
should be relieved in the premises. Therefore
Be it erzaeted by tbe People of tbe State of l/Vew Yor/e represented in Arrears of
Senate and Assembly, and it is bereby eizaeted by t/ze azit/zority ‘of t/ze same, 31:58:33,?
That it shall and may be lawful for all such persons respectively, to pay in certiﬁ-
such sums as shall be found due and owing by them for any such arrears £33318?‘
in the certiﬁcates made receivable by the said act, and it is hereby made
the duty of the collectors, the county treasurers, and the treasurer of
this State, to receive the same in like manner, as they might have done
had such payments been made before the ﬁrst day of November last
any thing in the said act to the contrary hereof in any wise notwith-
standing provided that each of the said persons shall pay the costs of
prosecution in any suit or suits that have been or may hereafter be
commenced against them for or on account of the said arrears respects .
ively.
CHAP. 65.
AN ACT for the speedy trial and punishment of such persons
as shall commit any offences, under the degree of grand
larceny.
PASSED the 24th of March, 1787.
Be it enacted by Me People of tbe State of New York, represented in Petty lar.
Senate and Assembly, and it is lzereby eaaeted by tbe azit/zority of tile same ceny’ what
. . _ r d 1
That every person who shall after the passing of this act, be guilty :ccitio it?“
486
LAWS OF NEW YORK. [CHAR 65.
False pre-
tences.
obtaining
goods by.
Trial and
punish-
ment of
offenders
in New
York city.
of the felonious or fraudulent taking and carrying away, of the meer
personal goods, of another, of the value pf ﬁve pounds lawful money of
this State, or under (except in such cases where the offence is or shall
be by law punishable with death) shall be deemed and adjudged to be
guilty of petty larceny only, and being thereof duly convicted, by ver-
dict, or confession or indictment, in the supreme court, court of oyer
and terminer or gaol delivery, or court of general sessions of the peace
of the city or county in which such offence shall have been committed,
shall suffer such corporal punishment, not extending to life or limb, as
the some court in which such conviction shall take place, in their dis-
cretion, shall think proper to award. And if such corporal punishment
shall be by whipping, it shall not exceed thirty nine lashes, in one day.
And 'aI/zereas evil disposed persons do frequent] go to shops, stores and
other places within this State, and purchase or take up monies, goods
or merchandize of various kinds, in the name of other persons, without
their knowledge or consent; for prevention and punishment whereof.
Be if farZ/zer eaaez‘ed by Me az/z‘borizjv aforesaid, That if any person or
persons shall, from and after the passing of this act, knowingly and design-
edly, by false pretence or pretences, obtain from any other person or
persons, any monies, goods, or merchandize, or other effects whatsoever,
with intent to cheat or defraud such person or persons, of the same, he,
she or they, shall be deemed guilty of an offence against the people of
this State; and being thereof duly convicted in manner aforesaid, in any
of the courts aforesaid, shall suffer such punishment, as in cases of petty
larceny by this act is directed to be inﬂicted.
And za/zereas not only several disorderly persons inhabitanting in the
city and county of New York but many other vagrant and idle persons,
passing the same, from the neighboring counties and States, or elsewhere,
have often committed divers misdemeanors, breaches of the peace, and
other criminal offences aforesaid, under the degree of grand larceny,
and not being able to procure bail, to appear at the general sessions of
the peace, then next to be held in and for the said city and county, and
having no substance of their own, have been a great expence to the
inhabitants thereof, in maintaining them in the mean while in goal; for
remedy whereof, -
Be iz‘ farl/zer enacted by Z/ze azez‘lzoriz‘y aforesaid, That every person wh
shall, after the passing of this act, commit of any of the offences, in this
act above mentioned and described, within the said city and county of
New York, and who being apprehended and brought before the mayor,
recorder or any one of the aldermen, of the said city, and charged on
oath with having committed any of the offences aforesaid, shall not
forthwith give good and sufﬁcient bail, for his or her appearance at the
r then next general sessions of the peace, to be held in and for the said
city and county of New York, then and there to answer the offence or
offences, which he or she shall be charged with, such person so charged,
shall be committed to the common goal of the said city and county.
And in case any person shall be so committed, and being kept in the
said goal, for the space of forty eight hours from and after such commit-
ment, shall not give good and sufﬁcient bail, for his or her appearance,
at the then next general sessions of the peace, to be held in and for the-
said city and county of New York, then and there to answer for the
offence or offences. wherewith he or she shall be charged; then and in
every such case, it shall and may be lawful to and for the mayor, recorder
and aldermen of the said oity, for the time being, or any three of them,
of whom the mayor or recorder to be one, forthwith to hear and deter-
mine the offence or ofﬁences committed by such offender as aforesaid :
can». 65.] TENTH SESSION. 4537
And the said offender being convicted by confession, or the oath, of
one or more credible witness or witnesses, the said mayor, recorder and
aldermen, or the major part of such of them as do appear in such court,
are hereby further authorised and impowered to give judgment against
the said offender, so convicted as aforesaid, to have and receive such
corporal punishment, (not extending to life or limb, nor exceeding
thirty nine lashes in one day, as aforesaid) as they in their discretion
shall think proper; and to be conﬁned in the house of employment or
bridewell of the said city, to be kept at hard labour therein, or at any
work or employment, within any part of the said city and county, for
any longer or shorter period, according to the nature of the offence, or
either of the said punishments, as in the judgment of the said court the
nature of the offence, and caracter of the offender, shall render proper.
But that no person shall be conﬁned in manner aforesaid by virtue of
this act, for any term longer than six months. And after the said
offender shall have received his or her punishment, being an inhabitant
of the said city and county, shall be immediately discharged without
paying any fees; but not being such an inhabitant, he or she shall
immediately be ordered or transported out of the said city and county,
to his or her last place of settlement or abode, if known. And if any
person or persons having been so ordered or transported out of the said
city and county as aforesaid, shall remain in the same for the space of
forty eight hours, or return thereto within six calendar months after such
order or transportation, such person or persons, so remaining, or return-
ing, shall be forthwith apprehended and again receive such corporal
punishment (not extending to life or limb, nor exceeding thirty nine
lashes in one day as aforesaid) or be conﬁned in bridewell, for so long
a time, not exceeding three months, as the said mayor, recorder and
aldermen, or any three of them as aforesaid, in their discretion, shall
order and direct.
And ﬁe ii‘ fnrz‘ﬁer enacted ﬁy i/ze aui/zorily aforesaid, That in order to Mayor to
carry the sentences or judgments of such respective courts, or the mayor irisrftetg'ar'
or recorder and aldermen into immediate and effectual execution, it shall sheriff to
and may be lawful for the mayor or recorder, presiding at such court, $2,213,; 51%;‘;
by warrant or order under his hand and seal directed to the sheriff of effect-
said city and county, to command the same sheriff, and the same sheriff
is hereby directed and required, to cause the sentences or judgments of
such respective courts, of the mayor or recorder, and aldermen, to be
carried into effectual execution, at the time and in the manner in the
respective warrants or orders to be speciﬁed, according to the true
intent thereof: And the deputy sheriffs, constables and marshals, and
every of them, are by this act commanded and required, from time to
time, to aid and assist such sheriff or deputy sheriffs, in the execu-
tion of such respective warrants or orders.
And ﬁe ii‘ fari/zer enacted ﬁy l/ze anz‘ﬁorizfy aforesaid, That the charges Costs of
of prosecuting and punishing every such offender as aforesaid, in the l’igfiguge
manner above mentioned, shall be raised levied and paid, in the same citycharse
manner, and at the same time, that money is raised in the said city and
county, for the maintenance of the poor, and the other contingent
expences, arising in the said city and county; so as the whole charge for
prosecuting and punishing each such offender, shall not exceed the sum
of twenty shillings.
And ﬁe i2‘ furi/zer enacled ﬁy l/ze aai/zorizy aforesaid, That if any person, Proceed-
who shall be charged with an offence by this act, intended to be pun- {,‘g‘g’lsi‘gvhere
ished, and being apprehended for the same, shall within the time allowed given-
by this act for that purpose, give good and sufﬁcient bail for his or her
488
LAWS OF NEW YORK. [CHAR 65.
Trial and
punish-
ment of
offenders
outside of
New York
city.
appearance at the then next general sessions of the peace, to be held in
and for the said city and county, then and there to answer the offence
or offences, he or she shall be charged with, then and in such case the
said sessions, shall take cognizance of the same; and on such offender
being indicted and convicted, shall give such judgment, as the said
mayor, recorder and alderman might have given ; in case the said
offender had been tried and convicted by them, as before mentioned:
Which said judgment the said court shall cause to be put in execution,
by order under the hand of the clerk of the same court, in like manner,
as the judgment of the mayor recorder and aldermen is directed to be
executed. And after the offender shall have received his or her punish—
ment, he or she shall be immediately discharged as aforesaid.
And be it fnrt/zer enacted by t/ze aztt/zority aforesaid, That if any person,
shall, after the passing of this act, commit any of the offences in this act
above mentioned and described, within any of the counties of this State,
and be apprehended and brought before any justice of the peace of the
said county, and charged on oath, with having perpetrated any of the
offences aforesaid, and thereupon committed for the same, to the com-
mon gaol of the county, or to the custody of the constable of the town
or place where such offender shall be taken, and be kept in the said
gaol, or in the custody of such constable as aforesaid, the full space of
forty eight hours, from and after such commitment, shall not give good
and sufficient bail for his or her appearance, at the then next general
sessions of the peace, to be held in and for the county where such
offender shall be in custody, then and there to answer the offence or
offences, wherewith he or she shall be charged as aforesaid; then and in
such case, it shall and may be lawful to and for the justices of the peace,
who committed such offender, to certify the cause of such commitment
to two other justices of the peace in the said county, and require them
by virtue of this act, to associate themselves with him, which they are
hereby required to do. And the said justices being met, are hereby
authorized and empowered forthwith to hear and determine the offence
or offences, committed by such offender. And the said offender being
convicted, by confession, or by oath of one or more credible witness or
witnesses, the said justices, or any two of them agreeing, are hereby
further authorized and impowered, to give judgment against the said
offender, so convicted as aforesaid, to have and receive such corporal
punishment, (not extending to life or limb nor exceeding thirty nine
lashes in one day as aforesaid) as they in their discretion shall think
proper; and by their warrant directed to the constable of the town or
place, where such justices shall hear and determine the said offence or
offences, (who is hereby directed and required to execute the same) shall
cause their said judgment to be put in execution: And after such
offender shall have received his or her punishment, being an inhabitant
of such county, shall be immediately discharged, without paying any fees,
but not being such an inhabitant he or she shall be ordered, or trans-
ported by warrant from the said justices, to the place of his or her last
settlement or abode, if known; which warrant, the said justices are
hereby impowered and directed to issue. And fart/ter, that nothing in
this act contained, shall be construed to prevent the justices from trying
any such offender, in less than forty eight hours, if he or she shall require
the same. Andfnrt/zer that if any person having been so ordered or
transported out of such county, shall remain in the same county for the
, space of forty eight hours, or return thereto within six calendar months,
‘ after such order or transportation, such person so remaining or return-
ing, shall be forthwith apprehended, and again receive such corporal
(3,1,1. 66,] TENTH SESSION. 489
punishment (not extending to life or limb, nor exceeding thirty nine
lashes in one day as aforesaid) as three justices of the peace in the same
county assembled for that purpose, or any two of them, shall in their
discretion think proper; and so from time to time, as often as such per-
son or persons shall so remain or return.
And be it fart/ter mated by t/ze azit/zority aforesaid, That the charges Costs of
of prosecuting, punishing and transporting every such offender, shall be ,Eligﬁlsiguge
defrayed by the respective counties, where the same offence shall hap- acounty
pen, and shall be raised levied and paid, in the same manner, and at the charge’
same time, that money is raised for the payment of the other contingent
charges of such respective counties, so as the whole charges for each
such offender, shall not exceed the sum of forty shillings.
And be it fart/ter ezzaeted by tlze aat/zoriiy aforesaid, That the justices, pom-t may
or court before whom any person, shall be convicted of any of the gjllé’g’rsl‘jigu
offences aforesaid, shall be, and hereby are impowered, if they think it of corporal
proper, in lieu of corporal punishment, to impose a ﬁne on such offender, $3,131‘
not exceeding the sum of ten pounds; which ﬁne or so much thereof,
as shall be sufﬁcient, shall be applied towards the payment of the charges
of the prosecution, and the remainder, if any he, shall be paid to the
treasurer of the county, where the same shall be imposed, for the use of
the same county; any thing in this act contained, to the contrary not-
withstanding.
Provided always, and be it fart/zer erzaeted by t/ze aat/zority aforesaid, Act not to
That the person or persons, from whom any monies, goods, merchan- ggft‘gfélya"
dize or effects, shall have been taken, or fraudulently obtained, contrary civilaction
to the true intent and meaning of this act, shall have such remedy by
suit at law therefore, as he, she or they, might have had, if this act had
.never been made, any thing herein contained to the contrary in any wise
notwithstanding.
CHAP. 66.
AN ACT for the more effectual punishment of persons, who
shall be guilty of the trespasses therein mentioned, in the
cities of New York, Albany and Hudson, and the township of
Schenectady.
PASSED the 24th of March, I787.
WHEREAS evil minded persons, have often broken, taken down or Preamble.
carried away, the glass lamps hung out or ﬁxed up, before the dwelling
houses of ‘many of the inhabitants, and in the streets of the city of New
York, to illuminate the streets aforesaid in the night time, or have
extinguished the lights therein; and have also been guilty of breaking
glass windows, porches and knockers of doors in the said city, and in the
cities of Albany and Hudson, and township of Schenectady, and of com-
mitting other trespasses and enormities, injurious to the property of the
inhabitants, and to the disturbance of the peace, in the said respective
cities and township; for prevention whereof in future;
Be it erzaeted by t/ze People of the State of New York, represented in Malicious
Senate and Assembly, and it is bereby erzaeted by t/ze aat/zority of tbe same, geegglﬁfor
That if any person, shall, after the passing of this act, wilfully break,
take down, or carry away, any glass lamp, already hung or ﬁxed, or
hereafter to be so hung or ﬁxed as aforesaid, in any of the streets of the
said cities or township, or extinguish the lights therein, or be aiding or
VOL. 2.'—- 62
490
LAWS OF NEW YORK. [CHAR 66.
Offender
to be im—
prisoned
if forfeit-
ure not
paid.
Arrest of
offenders.
abetting in the same, or shall wilfully break or deface any glass window,
porch, knocker or other ﬁxture, in any of the said cities or township,
and shall thereof be convicted before the mayor, recorder or any one of
the aldermen of the said cities respectively, or before any justice of the
peace residing in the township aforesaid, either by the confession of the
party, or by the oath of one or more credible witness or witnesses, he or
she, shall, for every such offence, forfeit a sum not exceeding ten pounds
lawful money of this State, to be recovered with costs, and levied by
distress and sale of the goods and chattels of every such offender, by
warrant under the hand and seal of such mayor, recorder, alderman or
justice, before whom such offender shall be convicted; one moiety of
which forfeiture when recovered, to be paid to the treasurer or cham-
berlain, of the said cities respectively, for the time being, to be ap lied
for the purposes of providing new lamps, in the room of such, as shall
be so taken out or carried away, and for repairing such of them, as shall
be broken or injured as aforesaid, and for the support and maintenance
of the poor of such respective cities or township, where such offences
shall be committed; and the other moiety of such forfeiture, to be paid
to the person or persons, who shall prosecute for the same to effect.
A 12d be iz‘farZ/zer marred by ﬁre aaz‘boriz‘y aforesaid, That upon refusal
of payment of such respective forfeiture or forfeitures, and want of
sufﬁcient distress, whereon the same can be levied, it shall and may be
lawful, for such mayor, recorder, alderman or justice of the peace, before
whom such conviction or convictions shall take place, by warrant under
his hand and seal, to commit every such offender, if convicted in the
city of New York, to the bridewell or house of employment of the said
city; if convicted in the cities of Albany or Hudson, to the common
gaol of the same cities respectively; and if convicted in the township of
Schenectady aforesaid, to the common gaol of the city and county of
Albany; there to remain without bail or mainprise, for the space of two
months, or until such forfeiture and costs are paid. And if any such
offence shall be committed, by any apprentice, servant or slave, such
forfeiture shall be paid, by his or her master, mistress or owner, or in
default thereof, such apprentice servant or slave, shall be committed, to
such bridewell or gaol, in manner aforesaid.
A/zd raI/zereas the mischiefs aforesaid, are generally committed in the
night time, when the offenders cannot be easily known ; in order there-
fore to carry this act into effect,
Be iz‘farZ/zer e/zaez’ed by Me aaZ/zorizfy aforesaid, That it shall and may
be lawful, to and for any sheriff, deputy sheriff, constable marshal or
watchman, of the said cities and township aforesaid, who shall see any
person commit any of the mischiefs or trespasses, in either of the cities
or the township aforesaid, if such person or persons shall be unknown
to such sheriff, deputy sheriff, constable, marshal or watchman, to seize,
secure and detain such offender, so unknown to him as aforesaid, until
he can discover the name of such offender; or until the next morning,
if the offence shall be committed in the night time, and the offender
shall refuse to discover his or her name; when such offender shall be
brought before the mayor, recorder or one of the aldermen of the said
cities respectively, or justice of the peace residing in the township afore-
said, who, on conviction of such offender, shall proceed against him or
her, in the manner herein before directed. And furz‘ber, in case any
person shall commit, any or either of the offences aforesaid, in the
presence of any such sheriff, deputy sheriff, constable, marshal or
watchman, that then, every such sheriff, deputy sheriff, constable, mar-
shal or watchman, shall, forthwith' give information thereof, to such
can». 67.] TENTH sEssioN. , 491
mayor, recorder, alderman or justice of the peace, in order that such
offender may be convicted thereof, and punished in manner and form,
as by this act is directed.
And ﬁe ii‘ fari/zer enacted ﬁy z‘lie ani/zorizjv aforesaid, That this act or Act not to
any thing herein contained, shall not bar, or preclude any person or
persons, from recovering his, her or their damages, against any other damages-
person or persons, who shall be guilty of any of the mischiefs or tres-
passes aforesaid, but that the same may be recovered in the same man-
ner, as if this act had never been passed.
And ﬁe iz‘ farl/ier enacted ﬁy i/ze aai/zoriz‘y aforesaid, That every per- Persons
son, who shall or may be present when any of the mischiefs or trespases Egfgemnigflt
in this act mentioned, shall be committed, shall be deemed to be $1011 Of
guilty thereof, and be subject to the penalties inflicted by this act, 32.22554
although he, or she, shall not be aiding, abetting or assisting therein; Parties-
unless such person, shall give evidence, whereby to convict the person
or persons really guilty thereof; or unless he or she, shall declare upon
oath, that he or she came there accidentally, and that he or she doth
not know, who the offender or offenders is, or are. '
And for the more easy discovery and detection of such offenders; Reward
Be it fzcri/ier enacied ﬁy i/ze aal/zorizy aforesaid, That if two or more 3,211,213??-
persons, shall have been jointly concerned in committing any of the fenders;
offences aforesaid, and one or more of them, (not being before informed
against), shall within the space of one month after the offence com-
mitted, inform against any, or all the other or others, concerned in the
same offence, so as to convict him, her or them, the person so inform-
ing, shall not be liable to the payment of the forfeiture herein before
mentioned, but shall notwithstanding his, or her offence, be entitled to
the reward herein before allowed to informers ; any thing herein before
contained, t0 the contrary thereof, in any wise notwithstanding.
CHAP. 67.
AN ACT giving further powers to the assignees of insolvent
debtors.
PASSED the 24th of March, 1787.
WHEREAS in and by the act entitled “ An act for the relief of insol- Preamble.
vent debtors,” passed the 17th of April 1784 “and in and by an act to
amend the said act” passed the 24th of November 1784, no provision
was made, nor is any made in and by the act entitled “An act for the
relief of insolvent debtors” passed the 13th of April 1786,” for applying
any surplus effects or monies arising out of the estate of any insolvent
debtor who may have taken the beneﬁt of either of the acts above-
mentioned, or hereafter shall take the beneﬁt of the last mentioned act,
which shall or may remain in the hands of the assignees of any insol-
vent debtor after paying the full amount of the debts exhibited against
such insolvent debtor and the costs and charges attending the settle-
ment of such estate agreable to the direction of the law in such cases
made and provided. Therefore
Be ii‘ enacied ﬁy i/ze People of z‘lze Sz‘az‘e of r/Vew York, represenz‘ed in Balance of
Senate and Assenzﬁly, and i2‘ is lzereﬁy enacz‘ed ﬁy i/ze aal/zoriiy of Me same, gnggggsgt
That in all cases where any insolvent debtor has been, or hereafter shall estateafter
be discharged in pursuance of any of the acts abovementioned, and the discharge
492
LAWS OF NEW YORK. [CHAP. 68.
of debts,
etc., to be
returned.
Tax levy
in New
York city
for crim-
inal ex—
penses and
street pur-
poses.
For watch-
men.
assignees of the estate of any such insolvent debtor, after paying the
full amount of the debts exhibited to them against such insolvent
debtor, and the costs and charges in settling such estate, agreable to
the act by which they were appointed assignees, shall have any effects
or money, remaining in their hands, part of, or arising out of the estate
of such insolvent debtor, it shall and may be lawful for such assignees,
to deliver such effects, and pay such money so remaining in their hands,
to such insolvent debtor, of whose estate they were assignees, or to his
or her legal representatives. Provided always that in respect to such
debtors who have been discharged in virtue of the said two ﬁrst men-
tioned acts, no creditor shall be entitled to a dividend, who shall not
have exhibited his or her demand to the assignee or assignees, prior to
the twentieth day of September next, and in respect to such debtors as
have been, or shall be discharged by virtue of the said last mentioned
act, such creditors only as shall have exhibited their respective demands
to the assignee or assignees of such debtors, within one year from the
time of the assignment of their respective estates shall be entitled to a
dividend : Broz'ided neaertlzeless that no creditor shall be precluded from
such dividend who shall exhibit his or her claim within six months from
the passing of this act.
CHAP. 68.
AN ACT te enable the mayor recorder and aldermen of the city
of New York, to order the raising monies by tax for the main-
tenance of the poor, and for defraying the other contingent
expences arising in the same city and county, and for other
purposes.
PASSED the 26th of March, 1787.
Be it enacted by t/ze People of tbe State of New Yer/e, represented in
Senate and Assembly, and it is bereby enacted by t/ze ant/zority of t/ze sanze,
That the mayor recorder and aldermen of the city of New York, or the
major part of them, (of whom the mayor or recorder always to be one),
shall be, and hereby are fully authorised and empowered as soon as
conveniently may be, after the passing of this act, to order the raising
the sum of six thousand pounds, by a tax on the estates real and per-
sonal, of all and every the freeholders and inhabitants within the city
and county of New-York, to be applied to the support and mainte-
nance of the poor of the said city and county, the bridewell, and crim-
inals from time to time conﬁned in the prison of the said city and
county, and to the repairing and maintaining the public roads, and
cleaning and improving the streets within the said city and county:
And also a further sum of four thousand pounds, by a tax on the estates
real and personal, of all and every the freeholders and inhabitants
within the said city, on the south side of a line, beginning at the outlet
of the swamp of Leonard Lispenard Esquire, into Hudsons river;
thence to and along the north side of the dwelling house of Nicholas
Bayard Esquire, thence to and along the north side of the dwelling
house of Morgan Lewis Esquire, and thence to and along the north side
of the dwelling house of Abraham Cannon, to the east river, to be
applied to the payment of so many watchmen, as the mayor aldermen
and commonalty of the said city, in common council convened, shall
think necessary for guarding the said city ; and also to the purchasing
CHAP. 68.] " TENTH SESSION. 493
of oil, providing lamps, and repairing and attending the lamps which
now are, or hereafter may be erected within the said city; which said
several sums above mentioned, shall be rated and assessed according to
the estate of each respective person, so to be taxed, and collected in
one payment, and paid into the hands of the treasurer or chamberlain
of the said city, at such time as the said mayor, recorder and aldermen,
or the major part of them, shall direct and appoint.
And be it fart/ter e/zaeted by Me aat/zoriiy aforesaid, That it shall and Fees of
may be lawful for the treasurer or chamberlain of the same city, to ﬂﬁgfnber'
retain in his own hands, the sum of two pence in the pound, and no
more, for his trouble in receiving and paying out the monies, by this act
directed to be raised.
And for the more effectual recovery of the arrears of taxes hereto-
fore directed to be raised for the maintenance of the poor, and the
other contingent expences arising in the said city; .
Be it fart/zer ezzaeted by t/ze 'azitbority aforesaid, That in all cases Collectors.
where the collector or constable of any ward in the said city, 51121113352305?
have received any taxes, and not paid the same to the treasurer or chamberlain of the said city, it shall be lawful for the treasurer or bythems
chamberlain of the said city, for the time being, to commence and collected‘
prosecute a suit for the recovery thereof, in his own name, as treasurer
or chamberlain of the said city, against such collector or constable,
his executors or administrators, in an action on the case, for monies had
and received for the use of the said city and county of New York ; in
which suit it shall be sufﬁcient to set forth in the declaration, that the
collector or constable is, or in his life time was, indebted to the said
treasurer, or chamberlain of the said city, in a certain sum, for so much
money by him as collector of such ward, before that time had and
received, for the the use of the said city and county; andbeing so
thereof indebted, promised to pay the same, when required, to the same
treasurer or chamberlain, without setting forth the special matter; and
that no such suit shall be abated or discontinued by the death, resigna-
tion or removal from ofﬁce, of any such treasurer or chamberlain ; but
the same shall or may be prosecuted to effect, by his successor in ofﬁce.
And be it fart/zer elzaeted by Me aat/zority aforesaid, That it shall and Arrears of]
may be lawful, for the mayor, recorder and aldermen of the said city, 3356211533’,
or the major part of them, of whom the mayor or recorder always to be of-
one, to meet together at such times and places, within the said city, as
they may think proper; and to examine what sums of money remain
unpaid of the several taxes aforesaid, in the said city and county of
New York, laid or assessed since the twenty ﬁfth day of November in
the year of our Lord one thousand seven hundred and eighty three:
and where they ﬁnd any sum or sums of money uncollected, of any
such tax, and the persons or estates charged with the same, are sufﬁc-
ient to pay the same, they shall issue their warrant to the collectors, for
the time being, of the same respective wards, where such sums remain
unpaid, for the collection thereof; and the respective collectors shall
levy and collect all such sums; and shall pay the same to the treasurer
or chamberlain of the said city, at such time as the said mayor, recorder
and aldermen, in their said Warrant shall direct. And if any collector
shall neglect his duty herein, he shall be chargeable with the monies so
directed to be levied and collected, to be recovered by the treasurer or
chamberlain of the said city and county of New York, for the time
being, with costs of suit, in manner aforesaid. And fart/zer, that where
the said mayor, recorder and aldermen, shall ﬁnd that the deﬁciency, of
any of the said taxes, in any wards, shall have happened by the insol-
49Jr LAWS or NEW YORK. [CHAR 69.
vency, or the want of goods and chattels whereon to levy the said tax,
of any person or persons in such ward, on whom the same was assessed,
they shall add such deﬁciency to the next tax of the like nature, to be
_ levied upon the same ward.
al‘éggrigfv And be it fart/zer enacted by t/ze aat/zorizfy aforesaid, That all and
applied every sum and sums of money to be raised by virtue of the three last
Eglgteéld‘fm“ mentioned clauses of this act. shall be applied to the purposes in the
several acts by virtue of which such respective taxes were directed to
be raised, and from time to time as the mayor, aldermen and common—
alty of the said city, in common council convened, by warrant to be
signed by the mayor or recorder presiding at such common council,
shall direct and appoint.
CHAP. 69.
AN ACT directing a mode of trial, and allowing of divorces in
cases of adultery.
PASSED the 30th of March, 1787.
Preamble. WHEREAS the laws at present in being within this State respecting
adultery are very defective, and applications have in consequence been
made to the legislature praying their interposition; and wlzereas it is
thought more adviseable for the legislature to make some general pro-
vision in such cases, than to afford relief to individuals upon their par-
tial representations, without a just and constitutional trial of the facts.
Action for Be it t/zerefore enacted by t/ie People of tbe State of New Yor/e, repre-
$13233: sented in Senate and Assembly, and it is bereby enacted by t/ze aatlzority of
ing? Pre- t/ze same, That it shall and may be lawful, in all cases of adultery that
scribed. - .
have already been committed, or may hereafter be committed, where
the parties are inhabitants of this State, for the party injured to exhibit
or present a petition or bill to the chancellor of this State for the time
being, in chancery, setting forth the adultery of which he, or she com-
plains, whereupon a subpoena, and other process shall issue, as in other
causes in the said court, until the party complained of shall appear and
answer the allegations of the said bill or petition, which answer shall
be received without oath ; and if the party complained of, shall, by his
or her answer, deny the fact or facts of adultery stated in the said bill
or petition, the chancellor shall and may thereupon direct such proper
issue or issues, as to him shall seem expedient for trial of the fact or
facts of adultery stated in the said bill or petition, which issue or issues
shall be tried either by a special or common jury, before the judges of
the supreme court, or some or one of them, at the bar of the said court,
or at any circuit court within this State, as the chancellor for the time
being, shall direct. But if the said party complained of, shall not in
his, or her said answer deny the allegations of the said bill or petition,
or if such proceedings shall be had in the same court of chancery that
the said bill or petition, ought, according to the course of that court, to
be taken pro confesso, then and in either of the said cases, the chan-
cellor shall nevertheless direct proof to be made before one of the mas-
ters of the said court of the facts stated in the said bill or petition, who
shall report the same proofs, and his opinion thereon, to the chancellor,
at such time, as shall be, by the said court of chancery, for that purpose
appointed.
CHAP. 70.] TENTH SESSION.
495
Ami ﬁe 2'! further enactea’ éy z‘lze ant/eerily aforesaid, That if, by the
verdict of a jury, upon trial of such issue or issues as aforesaid, it shall
appear or be found that the said party complained against was guilty
of adultery, or if sufﬁcient proof has been thereof had in the manner
herein before prescribed, where the fact or facts stated in such bill or
petition as aforesaid have been confessed by the answer of the party
complained against, or ought according to the course of the said court
of chancery, to be taken pro confesso, then and in any such case the
chancellor shall and may proceed by sentence or decree in the same
court, to ‘pronounce the marriage between the said parties to be dis-
solved, and both of them freed from the obligations of the same. Pre-
zlz'zz’ea’, that such dissolution of such marriage, shall in no wise affect the
legitemacy of the children thereof : And the chancellor shall and may
thereupon take such order touching the care and maintenance of the
children, (if any there be) of that marriage, and also touching the main-
tenance,of the wife, or any allowance to be made to her, and the secu-
rity to be given for the same, as from the circumstances of the parties,
and the nature of the case, may be proper and sufﬁcient.
Ami ﬁe z'z‘ fzert/zer eizaez‘ezi ey f/ze azez‘lzerz'zj/ aforesaid, That after the
dissolution of any marriage has been pronounced by virtue of this act,
it shall not be lawful for the party convicted of adultery to remarry any
person whatsoever, and that every such remarriage shall be null and
void, but that the other party may make and complete another mar-
riage, in like manner as if the party convicted was actually dead, any
law, usage or custom, to the contrary thereof, in any wise notwith-
standing.
CHAP. 70.
AN ACT for collecting the arrears of taxes in New Town in
Queens county, and for discharging the late collector from
imprisonment.
PASSED the 4th of April, 1787.
WHEREAS John Gosline, late collector of New Town in Queens county,
is now conﬁned in the gaol of the said county, for neglect of his duty as
collector of the said town. And zcl/zereas a considerable part of the
taxes on the said town remains to be collected. Therefore,
Be 1'! enizeled ey Me People of Z/ze State Of Ne'zcl Yer/l’, mpreserzz‘ee’ z'lz
Seizafe aim’ Arse/UM)‘, am! 2'2‘ is hereby e/zaez‘ed éy f/ze azzf/zorz'zj/ 0f Z/ze same,
That the said John Gosline shall deliver to the treasurer of the said
county, all the tax lists in his hands, possession or power, with account
upon oath, of the monies remaining to be collected thereon. And the
said treasurer is hereby authorized and required, thereupon to discharge
the said John Gosline from his imprisonment, and to issue a warrant to
the collector of the said town for the time being, commanding him to
levy and collect the monies remaining to be collected on the said tax
lists; and the said collector shall thereupon levy and collect all the said
taxes, so remaining to be collected, in the same manner as the said John
Gosline might, or ought to have done; and shall pay the same, after
deducting sixpence in the pound for collecting, to the treasurer of the
said county, on or before the ﬁrst day of June nexthto be by him applied
according to law.
Decree of
divorce,
when to
issue.
Proviso, as
to children
Eﬂ’ect of
decree as
to after
marriage
of parties.
Preamble.
John Gos»
line to be
released
from im-
prison-
ment; col.
lection of ,
arrears of
taxes.
496
LAWS OF NEW YORK. [CHAR 72-
Part of act
specified
repealed.
Preamble.
Costs in
supreme
court
where
plaintiff
recovers
less than
£20.
Id.. above
at .
' depending,
CHAP. 71.
AN ACT to repeal part of an act, entitled “An act for granting
a more effectual relief, in cases of certain trespasses.
PASSED the 4th of April, 1787.
Be it enacted by t/ze People of tbe State of [Veto Yorle, represented in
Senate and Assembly, and it is lzercby enacted by t/ze ant/tority of tbe same,
That so much of the act aforesaid, as is contained in the words follow-
ing, to wit, “And if any such action shall be brought in any inferior
court within this State, the same shall be finally determined in such
court; and every such action shall be considered as a transitory action.
That no defendant or defendants shall be admitted to plead in justiﬁca-
tion, any military order or command whatever, of the enemy, for such
occupancy, injury, destruction, purchase or receipt, nor to give the same
in evidence, on the general issue,” he, and the same is hereby repealed.
CHAP. 72.
AN ACT for preventing suits being brought in the supreme
court, for any debt or sum not exceeding one hundred pounds.
PASSED the 5th of April, 1787.
\VHEREAsthere now are and long have been, courts of record in each
of the respective cities and counties of this State, where such, as have
occasion to sue for debts or wrongs, may, with small expence, receive
justice according to the merits of their causes: And zo/zereas the pros-
ecution of suits in the supreme court of this State, is necessarily attended
with great charge and trouble, as well as loss of time to the suitors, who,
in many instances, live at places remote from the said court:
T/zerefore, be it enacted by tlze People of t/ze State of N era Yorlc, repre-
sented in Senate and A ssenzblv, and it is, bereby enacted by t/ze ant/torily of
t/te sanze, That if in any personal action or suit, already commenced and
now depending, or hereafter to be commenced and prosecuted in the
said supreme court, the plaintiff shall not recover above the sum of
twenty pounds, besides costs, then, and in every such case, the plaintiff
shall not be entitled to or recover any costs of suit; but shall pay costs
to the defendant thereupon, to be taxed; and the defendant shall, in
such case, have judgment and execution for such costs, in the same
manner, as if a verdict had been given for such defendant. Andfart/zer,
that if in any personal action or suit already commenced, and now
or hereafter to be commenced and prosecuted in the said
supreme court, the plaintiff or plaintiffs shall recover a judgment, in such
suit or action, in his, her or their favor, for a debt or sum, which, exclu-
sive of costs, shall be upwards of twenty pounds, and not exceed one
hundred pounds, then and in every such case, the plaintiff or plaintiffs
shall be entitled to and recover no more or other costs, than he, she or
they would have been entitled to, if such suit or action had been com-
menced and determined in any mayors court, or court of common pleas
in this State. Provided always, that such costs shall not exceed the sum
CHAP. 72.] TENTH SESSION. 497
of ten pounds; and provided also, that in all cases where any suit or Proviso,_
action commenced in either of the mayors courts, or courts of common pleas, hath been, or shall be removed into the supreme court, by, or at Supreme
, . . . . . cour by
the instance of the defendant, if the plaintiff shall obtain a judgment defendant;_
therein, for any sum exceeding ten pounds, besides costs, then the plain-
tiffin every such case, shall have and recover costs of suit in the Said
supreme court, together with the costs in such mayors court, or court
of common pleas, including all such expences as the same plaintiff shall
have been put to, in the prosecution of such suit.
A ad be it fart/ter e/zaeted by Me aat/zority aforesaid, That no personal Removal of
action or suit now depending, or hereafter to be commenced in any gﬁgfefjflgo
mayors court, or court of common pleas in this State, upon any bond or Court-
specialty, or for any other matter, cause or thing whatsoever, where the
sum mentioned in the condition of such bond or specialty, with the
interest thereof, or the matter or thing in demand, suit or controversy,
shall not exceed the sum of one hundred pounds current money of this
State, shall be stayed, or removed into the supreme court, by any writ
of habeas corpus, certiorari, or other writ or process whatsoever, other
than writs of error or attaint.
And be it fart/ter eaaeted by ﬁre aat/zoritv aforesaid, That no writ or m,
writs of habeas corpus, or any other writ or writs, sued forth or to be
Sued forth, by any person or persons whomsoever, out of the said
supreme court, to remove any action, suit plaint or cause, depend-
ing or to be depending in any mayors court, or court of common pleas
in this State, shall be received or allowed by the judge or judges, ofﬁcer
or ofﬁcers of the court, wherein, or to whom any such writ or writs shall
be directed, or offered to be delivered; but that he and they shall and
may proceed in the said cause or causes, as though no such writ or writs
were sued forth, or delivered to him or them, unless the said writ or
writs,- be delivered to the judge or judges, ofﬁcer or officers of the said
court, before any interlocutory or other judgment entered in the said
cause, and before that the jury, which is to try the cause in question,
between the party or parties plaintiffs, and the party or parties that sued
forth the said writ or writs, or for whose beneﬁt the said writ or writs is
or shall be sued forth, have appeared, and one of the said jury sworn to
try the said cause. i
A 12d be it fart/ter enacted by Me aat/zorizy aforesaid, That if any action, 1d,
suit, bill, plaint or cause, which is or shall hereafter be brought, com-
menced or depending in any of the mayors courts, or courts of common
pleas in this State, shall be removed or stayed by any such writ or writs,
or process, to be sued forth or out of the said supreme court, and the
same action, suit, bill, plaint or cause, shall afterwards he remanded or
sent back again, by any writ or writs of procedendo, or other writ what-
soever, that then the said action, suit, bill, plaint or cause, shall never
afterwards be removed or stayed before judgment, by any writ or writs
whatsoever, to be sued forth or out of the said supreme court.
And be it fart/zer e/zaeted by t/ze aat/zority aforesaid, That no writ of Id.
habeas corpus or certiorari, or other writ or process whatsoever, shall
be granted or sued forth, or out of the said supreme court, to remove
any action, suit, bill, plaint or cause whatsoever, out of any of the mayors
courts, or courts of common pleas in this State, unless the same writ or
process be signed with the proper hand of one of the justices of the said
supreme 'court.
A rid be it fart/ter e/iaeted by t/ze aat/zority aforesaid, That if any writ m,
or writs whatsoever, shall be granted or sued forth, or out of the said
supreme court, contrary to the true intent and meaning of this act, that
VOL. 2. —— 63
498
LAWS OF NEW YORK. [CHAR 73.
Jurisdic-
tion of
courts of
common
pleas, etc.
Certain
actions
not to be
affected by
this act.
Preamble
Certiﬁcates
to be re-
ceived
on bonds
forlands
before sale
on execu-
tion.
Reformed
Protestant
Dutch
Church at
Caghna-
waga. lands
granted to.
then it shall and may be lawful, to and for the judge or judges, ofﬁcer
or ofﬁcers, to whom such writ or writs shall be directed or delivered, to
disallow and refuse the same and they are hereby directed and required
to proceed as if no such writ or writs had been granted or sued out
or forth as aforesaid.
‘ And be it fZH'l/lé’i’ enacted by t/ze azit/zority aforesaid, That all trans-
itory actions and suits, new depending or hereafter to he brought,
commenced or prosecuted, in any of the mayors courts, or courts of
common pleas in this State, may be heard, tried and determined therein,
although the real cause of action did not arise within the city or county
where such action or suit is or shall be brought, or commenced; and
that the said courts shall not admit or allow of any foreign plea, in any
such case, to quash, bar or stay any such suit or action; but proceed to
hear, try and determine the same, in such manner, as if the cause of
action, had arisen within the jurisdiction of the court, where such suit
or action is or shall be so brought or commenced, any law, usage or
custom, to the contrary notwithstanding. Provided always.
And be it fnrt/zer enacted by tbe ant/zority aforesaid, That this act shall
not extend to any suit or action, wherein the people of the State of New
York are, or shall be interested; nor to any suit or action, where free-
hold, inheritance or title to lands or tenements, shall in any wise come
in question; not to actions of replevin, or of assault and battery, or of
false imprisonment, or of slander; nor to any suit or action to be brought
or commenced by or against the mayor, aldermen and commonalty of
the city of New York, or the mayor, aldermen and commonalty of the
city of Albany, or the mayor, recorder, aldermen and commonalty of
the city of Hudson.

CHAP. 73.
AN ACT to remove doubts respecting judgment bonds given to
the commissioners of forfeitures, and for other purposes therein
mentioned.
PASSED the 7th of April, 1787.
\VHEREAS doubts have arisen, whether the said commissioners can
receive in payment in discharge of such bonds, the certiﬁcates made
receivable on the sales of such lands, for securing the payment whereof
bonds were taken after the expiration of the term or time expressed in
the bonds, for remedy whereof
.Be it enacted by t/ze People of tbe State of New York, represented in.
Senate and Assembly, and it is bereby enacted by t/ze aat/zorizy of tbe sanze,
That it shall and may be lawful for the said commissioners, at any time
before actual sale on execution on any bond and judgment as aforesaid,
to receive in discharge of the debt for which such bond shall have been
taken, the same species of certiﬁcates, or other monies for which the
said lands were sold, in like manner as they might) have received the
same before the expiration of the term or time aforesaid.
And be it fzn't/zer enacted by t/ze aat/zority aforesaid, That it shall and
may be lawful for the commissioners of forfeitures of the Western dis-
trict to convey to the trustees of the Reformed Protestant Dutch Church
at Caghnawaga in the county of Montgomery, by the name in which
they now are, or shall be incorporated, pursuant to the law of this State
in that case made and provided, lot number forty, containing twenty
acres of land situate in Butlers-bury in the said county of Montgomery,
CHAP. 73.] TENTH SESSION.
499
forfeited to the people of this State by the attainder of John Butler,
instead .of the twenty acres of land, directed to be-conveyed to the said
trustees by the twenty-ﬁfth section of the act entitled “An act further
to amend an act entitled “An act for the speedy sale of the conﬁscated
and forfeited estates within this State, and for other purposes therein
mentioned” passed the rst of May 1786.”
Am! ﬁe z'z‘ furl/lei‘ e/zaez‘ea’ ﬁy t/ze azef/zerz'zj/ aferesaz'a’, That the ninth
section of the said last before recited act, be, and the same is hereby
repealed, so far forth only, as that no appointment of any commissioner
of forfeitures, shall hereafter be made, unless such commissioners in
any of the great districts shall be dead, or become incapable of execut-
ing the duties of the ofﬁce.
And zel/zereas George Fisher late of the city of New York deceased,
s me time in the month of June last, purchased from the commissioners
of forfeitures for the southern district of this State, several lots of land
in the out-ward of the city of New York, forfeited to the people of the
State of New York by the attainder of James Delancey Esquire, and
paid to the said commissioners, the sum of seven hundred and ﬁfty three
pounds, part of the consideration of the same, and executed a bond for
the payment of the residue thereof. Ami w/zereas a judgment hath been
obtained on the said bond and an execution issued thereon, against the
lands and tenements, goods and chattels of the said George Fisher, who
hath since died intestate, leaving several children ,all infants. Ami
w/zereas it is represented to the legislature that the said George Fisher,
at the time of his making the purchase aforesaid, was not of sound
mind, and his Widow in behalf of herself and the children of the said
George Fisher hath prayed relief in the premises, therefore
Be z'tfurt/zer elzaez‘eei ﬁy t/ze azeZ/zorz'z‘y aforesaid, That the commissioner
of forfeitures for the southern district, shall cause the said lands so pur—
chased by the said George Fisher to be sold upon, and by virtue of the
said judgment and execution; and in case the same lands shall not sell
for the sum agreed to be given for the same by the said George Fisher,
then the said commissioners, shall cause the same to be purchased for
the use of this State, and shall then cause the same lands to be sold at
public vendue for certiﬁcates issued or to be issued by the treasurer
of this State, after giving least three months notice of such sale, and
the treasurer of this State is hereby directed to pay to the administrator
of the said George Fisher for the use of his estate, out of any monies
now in the treasury, not otherwise appropriated, the said sum of seven
hundred and ﬁfty three pounds, being the sum so paid by the said
. George Fisher.
Ana’ ﬁe z'z‘fzerZ/zer e/mez‘ezi ﬁy Z/ze az/f/zerz'zj/ afm'esaz'd, That it shall and
may be lawful to and for the treasurer of this State, to redeem all such
of the bills of credit emitted by this State, commonly called bills of the
new emission with any monies which now are in his hands, and not
otherwise appropriated. That the said treasurer shall with all conveni-
ent speed, cause an advertisement to be published in one or more of the
newspapers printed in this State, requiring the holders of all such bills,
to bring the same to him for redemption on or before the ﬁfteenth day
of June next, and the interest of all such bills as shall remain in circula-
tion after the day last aforesaid, shall cease from and after the said
ﬁfteenth of June.
Ana’ ﬁe 2'2‘ furl/2e?" elzaefezz’ ﬁy z‘lze azeZ/zerz'ty aferesaz're, That the com-
missioners of forfeitures shall and may sell at vendue the lands appro-
priated to the redemption of the said bills in like manner as is herein
before directed.
Part of act
speciﬁed
repealed.
Preamble.
Relief of
heirs of
George
Fisher.
Bills of
credit, re-
demption
of new
emission of
Certain
lands may
be sold at
public
venduea
500
LAWS OF NEW YORK. [CHAR 74.
Miles Sher-
brooke,
relief of.
Collectors
of taxes to
be prose-
cuted by
county
treasurer
for taxes
not paid
over.
Supervis-
ors, pro-
ceedings
by to en-
force pay-
ment of
arrears.
Ana’ ﬁe z'z‘ furl/lee enacted by the (ml/writ)» aforesaid, That Miles Sher-
brooke late of the city of New York merchant be, and he is hereby per-
mitted to return and remain within this State, unmolested, until the
legislature shall make further or other provision in the premises, any
law to the contrary notwithstanding.

CHAP. 74.
AN ACT for the more effectual recovery of the arrears of county
taxes, and other purposes therein mentioned.
PASSED the 7th of April, 1787.
Be it e/zaez‘ed by Me People of z‘/ze Sz‘az‘e 0f 1Ve2c' Yer/e, represented in
Senate and Assemely, and if is /zere&y eizaez‘ed 12)) Me authority of Z/ze same,
That in all cases, where the collector of any town or place, shall have
received any taxes or county rates, and not paid the same to the county
treasurer, it shall be lawful for the treasurer of such county, for the time
being, and he is hereby authorised and required, to commence and
prosecute a suit, for the recovery thereof, with costs, in the name of the
treasurer of such county, against such collector, his executors or admin-
istrators, in an action on the case, for monies received to the use of such
county; in which suits, it shall be sufﬁcient to set forth in the declara-
tion, that the collector is, or in his life time was indebted to the treas-
urer of such county, in a certain sum, for so much money by him, as
collector of such town or place, before that time received, for the use
of such county: And being so thereof indebted, promised to pay the
same, when required, to ‘the treasurer of such county; without setting
forth the special matter: and no such suit or action shall be abated or
discontinued, by the death, resignation or removal from ofﬁce, of any
such county treasurer; but the same shall, or may be prosecuted to
effect, by his successor in ofﬁce.
And ée z'z‘ fZH’l/Mi' enaez‘eez’ &y the azez‘lzorz'zj/ aforesaid, That it shall and
may be lawful, for the supervisors of each of the respective counties in
this State, for the time being, or the major part of such supervisors
respectively, to meet together at such times.and places, as they may
think proper, in their respective counties; and to examine what sums
remain unpaid of the several county taxes, in their respective counties,
laid or assessed, since the ﬁrst day of November, in the year of our-
Lord, one thousand seven hundred and eighty, for the necessary and
contingent charges of such county; and where they find any sum or
sums of money remain uncollected, on any such tax, and the persons or
estates charged with the same are sufﬁcient to pay the same, they shall
issue their warrant to the collectors of the respective towns and places,
where such sums remain unpaid, for the collection thereof; and the
respective collectors, shall levy and collect, all such sums, in the same
manner, and under the same penalties, as they are authorised and
required to collect the taxes for the necessary and contingent charges
of such county; and shall pay the same, to the treasurer of the county,
at such time, as the supervisors in their said Warrant shall direct. And
if any collector shall neglect his duty herein, he shall be chargeable‘
with the monies so directed to be levied and collected, to be recovered
in the manner aforesaid, by the treasurer of the county for the time
being, with costs'of suit. Am! ﬁeri/lee, that Where the said supervisorsx
CHAP. 75.] TENTH SESSION. 501
shall ﬁnd, that any deﬁciency of any of the said taxes has happened in
any town or place, by the insolvency, or the want of goods and chattels,
whereon to levy the said tax, of any person or persons in such town or
place, or by the insolvency of the collector, they shall add such deﬁ-
ciency, to the next tax of the like nature, to be laid upon the same town
or place.
And be it fzirt/zer erzaeted by t/ze aat/zorizy aforesaid, That all and every Applica-
sum and sums of money, to be raised or recovered by virtue of this act, shall be applied in each county, as the supervisors of such county, for Iglégéldcolr
the time being, or the major part of them, shall direct. '
And w/zereas it hath been represented, that several collectors of the
public taxes, to be raised by virtue of the act for raising monies by tax,”
passed the twenty ninth day April last are prosecuted by county treas-
urers, for neglecting to pay the taxes by them collected, by law is
directed; and w/zereas it appears to this legislature, that some of the col-
lectors have become delinquent, because sufﬁcient time did not inter-
vene, wherein to collect the taxes, between the delivery of the tax list,
and the day appointed for paying into the county treasury : therefore
Be it eaaeted by t/ze az/t/zority aforesaid, That it shall and may be Certain
lawful for such county treasurers, who shall have commenced any such Ejgonsgcu'
suit or suits, against any such collector or collectors, to stay such suit or against
- - - collectors
suits, in any stage thereof, until the ﬁrst day of June next; and the to be
collectors respectively shall proceed to collect the arrears of the said Stayed'
tax or taxes, and pay the same into the treasury of the county, on or
before the ﬁrst day of June next, in like manner, as they could or might
have done on or before the ﬁrst day of March last, as required in and
by the said act; and the treasurer of such county, shall pay the said
taxes so to be collected and paid into his hands, into the treasury of
this State, within one month thereafter, any thing in the said act to the
contrary thereof in any wise notwithstanding.
CHAP. 75.
AN ACT to amend an act entitled “An act supplementary to an
act to appoint commissioners to settle and adjust any differ-
ences which may arise between the proprietors of certain lots
in the city of New York, the buildings whereof were burnt in
the year 1776 and for altering the streets which heretofore
were laid out adjoining to such lots.”
PASSED the 7th of April, 1787.
WHEREAS the commissioners named in the act aforesaid, except Henry Preamble.
Remsen, are desirous of being excused from acting in the premises.
Therefore,
Be it enacted by tile People of t/ze State of New York, represented in Commis-
Serzate and Assembly, and it is kereby enacted by Me aat/zority of t/ze same, sloners
named in
That Thomas Randall, William Maxwell, David Brooks, Joshua Sands, place of
John McComb and Jacobus Lefferts, be, and they hereby are appointed gigiirsgdlei
commissioners, in the place and stead of the persons in the said act
named, except the said Henry Remsen, for the purposes therein men
tioned, who, together with the said Henry Remsen, or any three of them,
shall perform the duties, and exercise the powers by the said act pre
scribed for, and given to the persons therein named.
LAWS OF NEW YORK. [CHAR 76.
Preamble .
Time for
payment
and com-
mutation
of quit
rents ex-
tended.
Treasurer
to receipt
for pay-
ments,
specifying
the lots
for which
paid.
Proceed-
ings for
payment
of arrears
and com-
mutation
of quit
rents on
original
shares
CHAP. 76.
AN ACT to amend an act entitled “ An act for the collection
and commutation of quit rents.
PAssEi) the 11th of April, 1787.
WHEREAS sundry circumstances have intervened, which have rendered
it impossible for those, from whom quit rents were due, to discharge or
commute for the same by the times limited in the act entitled “An act
for the collection and commutation of quit rents” passed the rst day of
April 1786. Therefore
Be it enacted by t/ze People of t/ze State of N ew York, represented in
Senate and Assembly, and it is bereby enacted ' by t/ze aat/zorizy of tbe sa/ne,
That it shall and may be lawful to and for the treasurer of this State,
at any time between the passing of this act and the ﬁrst day of May,
one thousand, seven hundred and eighty eight, to take and receive
from any person being a citizen of this State or of any other of the
United States, any sum or sums of money due and in arrear for quit
rents, or any sum or sums of money in commutation for annual quit
rents, in such public securities and certiﬁcates as are designated in the
ﬁrst. and second sections of the said act, and in the manner thereby
directed, and that no process shall be commenced by the said treasurer
for the recovery of any quit rents, which may be due or become due to
the people of this State until after the ﬁrst day of May one thousand
seven hundred and eighty eight any thing in the said act to the contrary
hereof notwithstanding.
And be it fart/zer enacted by tbe azct/zority aforesaid, That where quit
rents shall be paid for such shares of land as are designated in the third
section of the said act, or that such shares shall be commuted for, the
treasurer shall upon such payment, give the person making such pay-
ment a receipt or certiﬁcate, expressing the sum so paid, and specifying
whether the same be for quit rents due and in arrear, or for quit rents
and commutation both, and designating the patent, and the lot or lots
for which such payment is made, and if such payment is for both arrears-
of quit rents and commutation, the lands so paid for, shall never there-
after be subject to process or sale for any quit rents, which may at any
time become due from any other lot or lots in such patent, and if such
payment is for arrears of quit rent only, then the lands so paid for, shall
not be subject to process or sale for any arrears of quit rent which
may be due to the time of such payment from any other lot or lots, in
such patent, any thing in the said act to the contrary hereof notwith—
standing.
And w/zereas tracts of land within this State, have been so divided,
and alienated, that many of the present owners and proprietors hold less
then an original proprietors share, and difﬁculties may arise as well with
those who may pay the quit rents and commute for their respective
shares, as with the treasurer, to ascertain such share; for remedy whereof.
Be it fart/ter enacted by t/ze aat/zority aforesaid, That it shall and may
be lawful for any three or more of the present proprietors or owners of
any such'patent or lands, by advertisement to be put up and continued
for ten days successively on any part of such lands, to notify and
require all owners and proprietors of lands within such patent, to meet
at a place certain within the same, and at a day certain to be expressed
in such advertisement, such day not to be assigned at less than twenty
CHAP. 76.] ‘ TENTH SESSION. . 503
days from the date of such advertisement, and such of the owners and whichhave
proprietors as shall then meet, may proceed by plurality of voices, to B‘fﬁfaz‘éf"
chuse two assessors and one collector, which assessors so chosen, shall
within twenty days thereafter, make an assessment roll of the several
owners and proprietors of lands in such patent, and shall enter in such
roll, the sums respectively due for quit rents, to the twenty ninth day
of September one thousand seven hundred and eighty seven, from each
according to the proportion and share which each shall have, hold, pos-
sess and enjoy within such patent, so as that the whole shall make up
and amount to the whole of the quit rents which will be due to the
people of the State to the time herein before mentioned, and shall desig-
nate which share or shares, have by forfeiture to the people of this State,
become discharged of quit rent, and which share or shares are entitled
to remission of quit rents by this or the said act, passed the ﬁrst day of
April 1786, and shall also specify the amount of the commutation for
every share or shares subject to present or future quit rents, to the end,
that such as incline to commute may be enabled to pay for the same to
the collector, and shall in seperate colomns charge each share or shares,
subject to quit rents and for which commutation may be made with six
per cent to be paid in specie on the amount of the quit rent next due,
and on the amount of the commutation, ﬁve per cent whereof to go as a
compensation to the collector for his trouble in collecting and paying
the same to the treasurer of this State, and one per cent thereof to be
paid to the assessors for their trouble in the execution of their ofﬁce;
(UL/Z7 furZ/zer, that the said assessors, before they begin such assessment,
shall take an oath before a. justice of the peace, well, truly, impartially
and in due proportion, according to the best of their understanding, to
assess and rate the several owners and proprietors of such patent for
which they are chosen assessors; and furZ/zer that the said assessors
shall within ten days next after compleating such assessment roll, and
having signed the same and put their seals thereto, deliver the same
unto the collector so chosen as aforesaid, which said collector shall forth-
with collect the several sums charged in such assessment, for arrears of
rent, and for commutation, if the party or parties are willing to pay
such commutation, in such public securities as are designated in the
said act passed the 1st day of April 1786, together with the said six per
cent in specie on the arrears of quit rent and on such commutation as
shall be paid, so that he pay the same (except the six per cent as afore-
said) to the said treasurer on or before the ﬁrst day of May, one thou-
sand seven hundred and eighty eight and if any of the said owners or
proprietors of such patent, shall refuse, neglect or delay to pay his or
her share or proportion of the said rate or assessment of quit rent, and
the said ﬁve or six per cent, as the case may be, then it shall and maybe
lawful for such collector, and he is hereby required to collect and levy the
same, by distress and sale of any goods and chattels if any can be found
on the share or shares so charged, and for which payment has been
refused, neglected or delayed, in the same ‘manner as the collectors of
public taxes are or may be empowered by law to do, or to prosecute the
defaulter or defaulters for the same, before any one justice of the peace
within the county where such lands lay, who is hereby authorized to
hear and determine the same. A/m’ fm'f/zer, if such collector shall not
ﬁnd goods and chattels on the lands in such share or shares whereon to
make distress, or shall not be able to recover such rate or assessment
for quit rents before such justice, then such collector shall at the time
of his paying the public securities by him collected unto the said treas-
urer, deliver the assessment roll to the said treasurer, together with an
504
LAWS OF NEW YORK. [CHAR 76
Remission
of quit
rents in
certain
cases.
Treasurer
to trans—
mit state-
ment of
quit rents
to certain
counties.
Parts of
acts speci-
ﬁed re-
pealed.
abstract of the names of such as have paid the quit rents only, and the
amount so paid by each, together with the names of such whose lands
were discharged from quit rents as aforesaid, and another abstract of
such as have paid both the quit rents and the commutation, and the
amount so paid by each, and a third abstract containing the names of
the defaultersif any there be, and the sums charged to each for quit
rents, all which abstracts shall be sworn to as just and true by the said
collector and the said treasurer-shall thereupon give a proper receipt at
the foot or on the back of the respective abstracts for which he shall
have received the amount for quit rents, or for quit rents and commu-
tation both, as the case may be, which receipt for quit rents shall exon-
erate the persons named in the abstract from any demand for quit rents
to the time for which they were paid; and the lands so paid for, shall
not be subject to process or sale for any quit rents then due from any
one or more defaulters, and the receipt for quit rents and commutation
both, shall forever thereafter exonerate and discharge the lands for
which they shall have been paid, from any demand on the part of the
people of this State for quit rents; nor shall process issue, or any sale
be hereafter made of such land so paid or commuted for, on account of
any quit rents which may be due from any other lands in such patent,
any thing in the said act to the contrary hereof notwithstanding.
Arid w/zereas many of the inhabitants of this State, have during the
late war been driven from their habitations by the incursions of the
enemy, and thereby have been greatly distressed, therefore
Be iz‘fart/zer e/zaez‘ed by t/ze azez‘lzorizfy aforesaid, That any person or per-
sons having been so driven off as aforesaid, shall be and hereby are dis-
charged, from paying, as well all future quit rents, as those which have
already become due to the people of this State, for so much land only and
no more, as was included in the farm whereon such person or persons actu-
ally resided, and from which he or she were driven as aforesaid. Provided
that any person claiming such exemption, shall produce a certiﬁcate,
signed by one of the judges of the court of common pleas of the county
wherein such person did reside, specifying that he or she was obliged to
quit his or her farm on account of the war, and also specifying the
number of acres, which it shall appear to such judge were contained in
such farm. And provided such certiﬁcate shall not intitle any person to
a remission for more than one hundred and ﬁfty acres. Arid prooided
also that such certiﬁcate shall be delivered to the assessors herein before
mentioned, where assessments shall be made, previous to the making of
such assessment, or to the said treasurer where quit rents shall be made
without assessment. -
A/zd oe it farz‘lzer elzaez‘ed oy i/ze authority aforesaid, That the treas~
urer of this State, shall, and he is hereby required, as soon as may be,
after the passing of this act, to transmit to the respective clerks of the
several counties within this State (except to the clerks of the city and
county of New York, the counties of Kings, Queens and Richmond) a
schedule of all the quit rents due, or to become due, within the county
ofwhich he is clerk, to the twenty ninth day of September next, speci—
fying the date of every patent, the names of the patentees, and the
quantity of lands contained in each patent where a quit rent is reserved
per hundred acres, and the annual quit rent, where a quit rent in gross
is reserved, and where quit rents are reserved in kind, to specify the
value in money, as by the said act herein referred to is directed.
And &e if farZ/zer eﬂaez‘ed 6)) the azeZ/zorizj/ aforesaid, That the tenth,
eleventh and fourteenth sections of the said act, and the preamble to
the said fourteenth section are hereby repealed.
‘CHAP. 77.] TENTH SESSION. 505
CHAP. 77.
AN ACT for raising monies by tax.
PASSED the 11th of April, 1787.
Be 2'! eezaez‘ed a)’ Z/ze Peep/e“ of l/ze Slate 0f New York, represented 2'22 Taxlevy
Senate and Assemaly, and it is lzereay enaez‘ed by f/ze aaZ/zerz'z‘y 0f Z/ze same, Ordered-
That there shall be raised and levied, within this State, the sum of ﬁfty
thousand pounds.
That the quota of the city and county of New York of the said sum, New York_
shall be, thirteen thousand pounds.
The quota of the city and county of Albany, shall be ﬁve thousand Albany.
ﬁve hundred pounds.
The quota of the county of Columbia shall be, two thousand four Columbia,
hundred pounds.
The quota of the county of Dutchess, shall be ﬁve thousand pounds. Dutchess,
The quota of the county of Ulster, shall be three thousand four Ulster,
hundred pounds. '
The quota of the county of Orange, shall be two thousand ﬁve hun- Orange.
dred pounds. .
The quota of the county of \Vest Chester, shall be three thousand West-
four hundred pounds. Chester‘
The quota of the county of Suffolk, shall be four thousand ﬁve hun- Suﬁ‘olk.
dred pounds.
The quota of Queens county, shall be four thousand ﬁve hundred Queens.
pounds
The quota of Kings county, shall be two thousand three hundred Kings.
pounds
The quota of Richmond county, shall be one thousand three hun- Richmond,
dred pounds.
The quota of the county of Montgomery, Shall be one thousand six Montgom-
hundred pounds. 61'3"
The quota of the county of Washington, shall be six hundred pounds. Washing-
And ﬁe z'z‘furZ/zer enaez‘ed &y the aaz‘ﬁerz'ty aforesaid, That the supervi- Sigervig
sors of the several ‘counties, or the majority of them, shall respectively orstocause
meet on the ﬁrst Tuesday in September next, and cause the said respec- {35,33 tive quotas’, assigned to their several counties, to be raised, assessed, Same man'
levied and collected, in like manner, as the contingent charges of such £5,222?”
counties are usually raised, assessed, levied and collected; that the giliggggﬁi
respective collectors shall pay the sums by them severally collected, to payment-
the respective county treasurers, on or before the ﬁrst Tuesday of March
next, and that the county treasurers, shall pay the respective quotas of
their counties, to the treasurer of this State, on or before the ﬁrst Tues-
day in April, in the year of our Lord, one thousand seven hundred and
eighty eight.
A 11d ﬁe z'z‘farZ/zer enacted a)» t/ze aaz‘lzerz'z‘y aforesaid, That the several Powers,
judges, justices of the peace, county treasurers, supervisors, assessors gggifliiggd
and collectors, shall respectively perform the like duties, exercise the 9f Oﬂiqel's
. . . . 1n levying
like powers, be entitled to the like rewards and be subject to the same and no}-
penalties, for neglect or refusal to discharge such duties, as are directed lectingtax'
and prescribed, in and by the act, entitled “An act for raising monies
by tax,” passed'the twenty ninth day of April last provided always that
the assessors shall specify and rate the real and personal estate by them
to be rated, in separate and distinct columns in the assessment rolls,
any thing in the said act to the contrary hereof notwithstanding.
VOL. 2.—64
y
LAWS OF NEW YORK. [CHAR 78
06
Time of
completing
assessment
Penaltyfor
neglect by
assessor.
Preamble.
Oneida
purchase,
partition
of .
And be it fztrt/zer enacted by t/ze aat/zority aforesaid, That the assessors
of the several cities, towns, manors, districts and precincts, in the said
cities and counties respectively, shall meet on the last Tuesday in Sep-
tember next, to make the assessments in pursuance of this act, and shall
complete such assessments, within twenty days after such meeting.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid, That if any asses-
sor shall neglect or refuse, to perform any of the duties required of him,
by this act; such assessor so neglecting or refusing to perform any such
duty, shall forfeit to the people of this State, the sum of ﬁfty pounds, to
be recovered in the manner, directed in and by the eleventh section of
the said act, entitled “An act for raising monies by tax,” passed the
twenty ninth day of April last.
CHAP. 78.
AN ACT for the more easy partition of a tract of land called the
Oneida purchase.
PASSED the 11th of April, 1787.
W'HEREAs several of the proprietors of a certain tract, of land com-
monly called the Oneida purchase, situate on the south side of the
Mohawk river, near the German Flatts in the county of Montgomery,
and granted to William Bayard and ﬁfty four other persons on the
twelfth day of june one thousand seven hundred and seventy one, have
by their petition represented to the legislature, that the said tract was
surveyed and laid out in lots, previous to the late war, by Thomas Pal-
mer and Beriah Palmer, at the request of all the proprietors of the said
tract, but that no division having then been actually made, they now
ﬁnd, that by reason of the attainder of some of the proprietors, and the
death or removal of others, it is altogether impracticable to procure a
division of the said tract, without a resurvey thereof, which will be
attended with great trouble and expence, unless the legislature should
think ﬁt to relieve them in the premises.
And w/zereas it appears to the legislature, that relief ought to be
granted to the said petitioners. Therefore,
Be it enacted by t/ze People of tbe State of JVew Yor/e, represented in.
Senate and Assembly, and it is bereby enacted by t/ze ant/zority of t/ce sa/ne,
That Evert Bancker, john Ramsay and Thomas Randall shall be, and
hereby are appointed commissioners, to make partition of the said tract,
agreeable to the survey so made thereof, by the said Thomas Palmer
and Beriah Palmer; and for that purpose shall cause an advertisement
to be published for at least four weeks, in one or more of the news
papers printed in the city of New York, and one or more of the news
papers printed in the city of Albany, appointing a particular time and
place, at which the several lots in the said tract will be ballotted for,
and requiring all persons interested, then and there to attend; at which
time and place the said commissioners, having made as many tickets as
there are patentees mentioned in the said patent, with the name of one
of the said patentees written on each ticket, and also half as many
tickets as there are lots, into which the said tract has been divided by
the said survey, with the numbers of two of the said lots written on each
ticket, so coupled as to make each share as nearly equal as may be; the
tickets of names shall be put in one box, and the numbered tickets in
CHAP. 79.] TENTH SESSION. 507
another box, and such person or persons, as the said commissioners
shall appoint, shall proceed to draw a ticket of the names and then a
ticket of the numbers, and so proceed until all the tickets are drawn;
whereupon the several lots, bearing the numbers written on the tickets,
drawn next after the drawing of the ticket on which the name of the
patentee shall be written, shall be seperate and divided property of the
person or persons legally entitled to the share of such patentee; of which
ballotting, and all other proceedings in the said partition, the said com-
missioners shall make a full and fair entry in a book, one copy whereof
certiﬁed under the hands of the said commissioners, or the hands of a
majority of them, shall be ﬁled in the ofﬁce of the secretary of this
State; and another copy certiﬁed in like manner, in the ofﬁce of clerk
of the county of Montgomery; either of which same books, or an
exempliﬁed or certiﬁed copy thereof, shall be good evidence of such
partition; which partition so made as aforesaid, shall be and hereby is
declared valid and effectual in law. And fzu'z‘lzer, that the lots which
by such balloting shall be drawn for the share or shares part or parts
of the said tract of land which by the attainder or conviction of any
person or persons whomsoever, belongs to and is vested in the people
of this State, shall be the seperate share or shares, lot or lots of the
people of this State, and be vested in them, in as full and ample man-
ner, as if such partition had been had previous to such attainder or
conviction: and that it shall and may be lawful to and for the commis-
sioners of forfeitures in the western district, to sell at public vendue,
such lot or lots in the said tract of land, as by such partition shall fall
to ‘the share or shares of the people of this State, in the same manner,
as if such lands had been divided, and held in scr'craltv, previous to
such attainder or conviction.
@HAP. 79.
AN ACT to revive and amend the acts therein mentioned, rela-
tive to a jurisdiction line between this State and the common-
wealth of Massachusetts.
PASSED the 11th of April, 1787.
Be it emzez‘ea’ ﬁy z‘ﬁe Beep/e 0f z‘ﬁe Smz‘e ef Ne'ze/ Yer/e, e'epresezzz‘ed in Act recited
Senate and Assemﬁly, and 2'2‘ 2'3 ﬁerely e/zaez‘ed ﬁy t/ze azel/zerz'zfy 0f Z/ze same, revival
That the act entitled “ An act to authorize the United States in Congress
assembled to appoint commissioners to complete the running a certain
line of jurisdiction therein mentioned between this State and the com-
monwealth of Massachusetts” passed the 7th day of March 1785, and
the act supplementary to the said act” passed the 29th of April 1786,
be and they are hereby respectively revived and declared of full force
and effect, except so far forth as respects the time limited by the said
ﬁrst recited act, in which the commissioners therein mentioned were to
perform and complete the survey thereby directed.
Aim’ ﬁe z't flirt/£61’ e/zaez‘ed ﬁy Z/ze azzf/zw'z'z‘y aferesaz'd, That the said Time ex-
commissioners are hereby authorized and impowered, at any time within gglgazdbgor
the term of one year from the 7th day of March 1787 to do and per- CpmmlS
form all and singular the services of them required by the said acts or sloners
inther of them.
And ﬁe z'! fzzrZ/zer e/melea’ ﬁy z‘lze azeZ/wrz'zj) afaresaz'd, That the act Act recited
entitled “ An act to complete the running a certain line of jurisdiction suspended’
508
LAWS OF NEW YORK. [CHAR 80.
Preamble.
Wood-
stock, town
of, erected
Town ofﬁ-
cers to be
chosen.
therein mentioned between this State and the commonwealth of Mass-
achusetts” passed at the present meeting of this legislature is hereby
suspended until the 8th day of March 1788, except so far forth as
respects the appointment of Simeon De \Vitt Esquire as one of the
agents on the part of this State.
CHAP. 80.
AN ACT to erect the settlements of Woodstock and Great and
Little Shandaken, in Ulster county into a seperate township.
PASSED the 11th of April, 1787.
\VHEREAS in and by a law of this State entitled “ An act for increas-
ing the number of assessors throughout this State,” it is enacted and
declared, that as well for the purpose of assessments, as all military
purposes whatsoever, the settlements of \Voodstock and Great and Little
Shandaken, in the county of Ulster, should be thereby severally annexed
to, and made parts of the township of Hurley : And whereas the inhabi-
tants of the same respective settlements, by their petition have repre-
sented to the legislature, that they live remote from other inhabitants,
and have no town ofﬁcers to regulate the roads, or to compel any per-
sons to work on them ; and that they are subject to other inconveniences,
by means whereof other persons are discouraged from settling among
them : and thereupon praying to be erected into a district, in their said
petition described and named ; and it appearing to the legislature
reasonable that the prayer of the said petition be complied with. There-
fore,
Be iz‘ enaez‘ed d} the People of Me State of New York, represented in
Senate and Assemely, and ii‘ is ﬁereoy eizaez‘ed e)» Z/ze aaZ/zorizj/ of file same,
That so much of the same three settlements of Woodstock, and Great
and Little Shandaken, as is contained in the boundaries herein after de-
scribed, shall be, and hereby are erected into a seperate township, by
the name of the township of Woodstock ; that is to say, beginning at
the head of Cartwrights Kill, being the northern boundary line of the
county of Ulster, and from thence along said line northwesterly towards
the Lake Otsiantha, to the easterly bounds of lot number twenty, be-
longing to the heirs of Leonard Lewis; thence along the said bounds,
south thirty three degrees west, (as the trees are marked) about fourteen
miles to the south easterly corner of the said lot; thence the same
course continued about eight miles to the bounds of Gulian Ver Plancks
land, in lot number seven; thence along his bounds, south easterly,
about eighteen miles to the bounds of Marbletown; thence along the
said bounds northeasterly to the Esopus Kill ; thence east to the west-
ern bounds of Kingston; thence along the said bounds (and the line
setled and run by the arbitrators) northerly to the aforesaid Cartwrights
Kill; and thence up the same to the head thereof.
And &e if farZ/zer enacted by the aai/zorizj/ aforesaid, That the inhabi-
tants of the said township of Woodstock, shall be and hereby are
declared to be entitled to assemble and hold annual town meetings
within the same township, and by a plurality of voices, to elect one
supervisor, one town clerk, three assessors, one collector, two constables,
two overseers of the poor, three commissioners of the highways, and so
many overseers of the highways, fence viewers and pound masters, as
CHAP. 81.] TENTH SESSION. 509
to the freeholders and inhabitants of the same township, so met, shall
seem necessary and convenient; which ofﬁcers when so elected, shall
have the like powers and authority, and be subject to the like rules,
regulations and penalties, as are bylaw prescribed for such ofﬁcers
respectively, in the other precincts in the same county. That the
annual elections be held at the house of Captain Elias Haasbrouck, in
Little Shandaken aforesaid, until otherwise determined by a majority
of votes, of the taxable persons in the same township, in legal town
meeting assembled, or it be otherwise provided for by law.
And w/zereas it may happen that the line of the said township may
intersect the houses or farms of some of the inhabitants of the said
township, whereby inconveniences may arise in the assessment of taxes;
for remedy whereof,
Be it fart/cer enacted 15y t/ie azzt/Eorz'ty aforesaid, That wherever the Division of
line of the said township shall intersect a farm, the possessor of such {giﬁsltgeg
farm shall pay all his taxes in which ever township or precinct his P918 inf
dwelling house shall be ; but if the said line shall intersect any dwell- case 0 '
ing house, then the possessor shall be taxed for both houses and farm
in the township or precinct so adjoining the township of \Voodstock
aforesaid.
Provided always, and oe it fart/zer enacted by t/ze ant/zority aforesaid, Effect
That nothing in this act contained, shall be construed, deemed or ad- act‘
judged to extend, beneﬁt or establish, the claims or possessions of any
patentees, their or any of their heirs, successors or assigns, in any pat-
ent or grant of land, or any part thereof, lying within, or next adjoining
the township of Woodstock aforesaid, or any part thereof; or to defeat
or prejudice, or in any manner to alter, or affect the same. Andfnrt/zer,
that neither this act, nor any thing herein contained, shall be offered as
evidence in favor of the claims of any or either of the parties, in any
suit or suits whatsoever respecting the title of lands; but only to prove
the line of township of Woodstock, by this act established.
And oe it furt/zer enacted oy t/ze azct/zority aforesaid, That it shall and Town
may be lawful for the inhabitants of the township of Woodstock to $133,115;
assemble for the present year at the dwelling house of the said Elias be held-
Haasbrouck in Little Shandaken on the ﬁrst Tuesday in june next, and
by plurality of voices, elect town ofﬁcers in like manner as is directed
in and by the second clause of this act, any thing in this act to the con-
trary notwithstanding.

CHAP. 81.
AN ACT imposing duties on goods and merchandize, imported
into this State.
PASSED the 11th of April, 1787.
Be it enacted 6y t/ze People of t/ze State of New York, represented in Duties 1m.
Senate and Assenzoly, and it is nereoy enacted oy t/ze azct/zority of t/ze same, Posgd on
goo sand
That from and after the ﬁrst day of August next, all such goods and merehan-
merchandize, as are hereinafter enumerated and mentioned, which shall Sgiihule
be imported or brought into this State, by land or water, shall be sub- Sfliilgéciﬁc
ject to the duties and imposts herein after mentioned, that is to say, '
Every gallon of molasses, one penny,
Every gallon of distilled spirituous liquors, four pence,
Every gallon of Madeira wine, eight pence,
510
LAWS OF NEW YORK. ['CHAP. 81.
Every gallon of Wines, other than Madeira wine, four pence,
Every gallon of lintseed oil, eight pence,
Every gallon of porter, ale or beer, six pence,
Every bushel of malt, four pence,
Every bushel of salt, water measure, six pence,
Every pound of snuff, six pence, '
Every pound of manufactured tobacco, three pence,
Every pound of loaf or lump sugar, two pence,
Every pound of other sugar, a half penny,
Every pound of coffee, one penny,
Every pound of chocolate, three pence,
Every pound of pepper, three pence,
Every pound of pimento or alspice, one penny,
Every pound of steel, three farthings,
Every pound of dressed leather, four pence,
Every pound of tanned leather, three pence.
Every pound of spikes, and every pound of nails commonly called
threepenny nails, and of all nails of a larger size, one penny.
Every pound of Bohea tea, imported direct from Asia, in ships or
vessels of the built of this State, or whereof three fourths parts are
owned by citizens residing in this State, three pence.
On every pound of Bohea tea, otherwise imported, four pence.
Every pound of tea of a superior quality, imported directly from
Asia, in ships or vessels of the built of this State, or whereof three
fourths parts are owned by citizens residing in this State, six pence.
Every pound of tea of a superior quality, otherwise imported, eight
pence.
Every pound of cheese, four pence,
Every pound of starch or hair powder, four pence,
Every hundred weight of cordage, four shillings,
Every hundred weight of bar iron, four shillings,
Every pound of raisins, currants, almonds, prunes or ﬁgs, one penny,
Every hundred weight of iron hollow ware, six shillings,
Every hundred weight or nail rods, four shillings,
Every dozen bottles of wine, in bottles commonly called quart bottles,
and in that proportion for all wines in bottles, two shillings,
Every dozen bottles of malt liquors, in bottles commonly called quart
bottles, and in that proportion for all bottled malt liquors, one shilling
and six pence,
Upon carriages of pleasure from a foreign port as follows,
Every coach, chariot or post chaise, or coach, chariot or post chaise
box, ﬁfteen pounds,
Every other four wheeled cariage of pleasure, eight pounds,
Every two wheeled carriage of pleasure, four pounds,
Every clock twenty shillings,
Every dozen of scythes, siths or axes, twelve shillings,
Every saddle, ten shillings,
Every dozen of saddle trees, twelve shillings,
Every pair of womens or children shoes or slippers of stuff or mor-
occo leather, sixpence.
Every pair of womens silk shoes, one shilling,
Every pair of mens or womens leather shoes or slippers six pence.
Every pair of boots, four shillings,
Every pair of boot legs, one shilling and sixpence,
Every dozen packs of playing cards, four shillings,
Every pair of wool or cotton cards, six pence,
can». 81.] TENTH SESSION. 511
And the following articles at and after the rate of seven pounds ten
shillings per centum, ad valorem, to be computed on the prime cost.
Anchovies, olives, capers, horse harness, bridles, stirrup irons, bridle Goods pay
bits, pictures with or without frames, paper hangings, pewter and block 32g, tin hollow ware, pantiles and all sorts of earthern and glassware, china ad Valol‘em
ware, writing paper, blank books, quills, brushes, horn combs and all
other articles made wholly of horn, plane stocks, and all kinds of manu-
factured tools of wood, mens and womens hats (excepting wool hats)
foreign marble, and cabinet and joiners work. -
And the following articles at and after the rate of ﬁve pounds per
centum ad valorem, to be computed on the prime cost, that is to say,
Beef, pork, butter, candles, soap, anchors, all utensils made in the goods pay-
whole or in part of copper, tin or brass, bellows, shovels and spades, sad 15521311)“
irons, screw augurs, frying pans, urugs and medicines, flour of mustard, 'v'alOi’ew-
white rope, twine and white lines.
And all other goods and merchandize not herein before enumerated Goods pay-
and mentioned, at and after the rate of two pounds ten shillings, per ﬁffffﬁalf
centum ad valorem, to be computed upon the prime cost, excepting raw Rfgecl‘ggtfi
hides, whale and ﬁsh oil, mahogany, logwood, lignum vitee, Nicaragua
wood, red wood, fustick, and all other dye woods, sheeps and cotton
wool, whale bone, beaver, peltry, furs, deer skins, woad, madder, cochi—
neal, rocou, bees wax and eliphants teeth, and all goods and merchan-
dize, of the growth, production and manufacture of any of the United
States of America.
And ﬁe iz‘ furz‘lzer erzaez‘ed ﬁy Z/ze aaz‘ﬁorizj/ aforesaid, That all goods Additional
and merchandize, which shall be imported or brought into this State, Sg‘ggtdi‘gn
after the said ﬁrst day of August next, in any ship or vessel, not built ggtdesdiggr
within any of the United States, shall be subject to the following addi- foreign
tional duties; that is to say, on all the herein before enumerated articles, Vessels‘
other than those subject to a duty ad valorem, at and after the rate of
one fourth part of the duties in and by this act imposed on such articles
respectively; and on all goods and merchandize, subject to a duty ad
valorem, the further sum of two pounds ten shillings per centum, ad
valorem, to be computed on the prime cost.
A no’ ﬁe it fart/zer eizaez‘ed ﬁy Z/ze aaZ/zoriiy aforesaid, That in order to Foreign
enable the collector to determine, whether any ship or vessel, in which goods or merchandize are imported into this State, is of the built of this gegttggfne
State, or any other of the United States, it shall and may be lawful to what are.
and for the collector, to demand from the master or other person, hav—
ing the command of such ship or vessel, the register thereof; and in case
any doubts arise on the inspection of such register, whether such ship or
vessel is of the built of this State, or of any other of the United States,
it shall and may be lawful to and for the collector, to examine, as well
the master of such ship or vessel, or other person having the command,
as any other person or persons whom he shall think proper, on oath,
touching and concerning the built of such ship or vessel.
/1 11d ﬁe i! farf/zer e/zaefed ﬁy Z/ze azzZ/zoriijr aforesaid, That the master Master of
or person having the command of any ship or vessel, which after the
said ﬁrst day of August next, shall come into, or arrive at any port 21532111210‘,
within this State, within twenty four hours after such arrival, shall report deliver
to the collector of the port, his arrival, and the place from whence the mamfest'
ship or vessel last sailed ; and that after such report is made, the said
ship or vessel may remain in port forty-eight hours, without making
entry of her cargo, at, or before the expiration of which time, the said
master or person having the command of such ship or vessel, shall
deliver to the collector of the port, an exact and true manifest under his
LAWS OF NEW YORK. [CHAR 81.
Oath to
manifest.
Id.: in case
of loss of
goods by
disaster.
Sea stores
exempted.
Oath to be
taken by
consignee
before
goods
landed.
Form of
oath.
hand, of all and every such bales, chests, casks, trunks, cases boxes or
other packages, and all such goods or merchandize stowed in bulk in
such ship or other vessel, and which such ship or vessel had on board
at the time she left the port from which she last sailed, or at any time
since; and which manifest, shall particularly specify, the mark or marks,
number or numbers, of such bales, casks, chests, trunks, cases, boxes or
other packages, and the or names of the person or persons who
is, or are, the owner or owners, consignee or consignees, of such bales,
casks, chests, trunks, cases, boxes, or other packages, and such goods
or merchandize, stowed in bulk in such ship or vessel as aforesaid; and
the master or person commanding such ship or vessel shall, upon exhib-
iting such manifest to the collector, take and subscribe the following
oath, (which oath the collector is hereby impowered to administer, that
is to say.
“ I do swear, in presence of Almighty God, that the mani-
fest now by me delivered, contains a just and true account of the cargo
on board of the vessel, called the under my command; and
that no more or other bales, casks, chests, trunks, cases, boxes or other
packages, or goods, than those mentioned in the said manifest, have
been on board of the said vessel at any time since she left the port of
, and that the said port was the last from which she sailed.”
Which ﬁrst blank, shall be ﬁlled with the name of the person having
the command of the vessel, the second with the name of such vessel, and
the third with the name of the port from which she last sailed:
Provided aZzc/ays, that if after the sailing of such vessel from such last
port, any part of the cargo thereof shall have been thrown overboard,
or lost by reason of stress of weather, or other unavoidable accident or
cause, it shall be lawful for such master, or person having the command
of such ship or vessel, to declare such disaster or misfortune, in the
manifest to be by him delivered as aforesaid, specifying the quantity
and kinds of goods, as near as may be, so thrown overboard, or other-
wise lost; and thereupon the collector to whom such manifest is deliv-
ered, shall insert in the oath by him administered, immediately after the
name of the port, the following clause “ Except the goods therein
declared to have been lost, since she left the said port, which goods were
to the best of my knowledge bona ﬁde lost, in the manner therein speci-
ﬁed.”
And 6e iz‘fzeri/zer erzaez‘ed oy Z/ze aai/zorizj/ aforesaid, That such liquors,
as are intended for sea stores, for any master or commander, of any ship
or vessel, and actually on board of such vessel, not exceeding the quan-
tity of forty gallons, shall be exempted from duty.
And be it fart/zer erzaez‘ed [2y i/ze aat/zorizfy aforesaid, That after the
report and manifest, in manner herein before mentioned have been made
and delivered, to the collector, of any ship or vessel, which shall after
the ﬁrst day of August next, come into any of the ports of this State,
and of the cargo on board, every person having goods or merchandize
on board of such ship or vessel, shall, before the same, or any part
thereof, shall be landed, put on shore, or unloaded, exhibit to the col~
lector of the port, the original invoice, or an account of the said goods
or merchandize; and shall take the oath hereinafter mentioned, which
oath, the collectors respectively, are authorized to administer, that is to
say,
I do swear, in the presence of Almighty God, that the paper
now by me exhibited to the collector of the port of , contains,
to the best of my knowledge and belief, a true invoice or account, of all
the goods or merchandize, contained in the respective bales, casks,
CHAP. 81.] TENTH SESSION.
513
chests, trunks, cases, boxes or other packages therein mentioned, and
of all the goods stowed in bulk on board of the ship or vessel, called
‘the owned by, or consigned to me, or under my charge; and
also contains a true account of the price or prices at which the said
goods or merchandize have been bona ﬁde purchased or charged, and
that if any goods or merchandize, other than those mentioned in the
said invoice or account, now by me exhibited to the said collector, shall
be contained in any of the said bales, casks, chests, trunks, cases, boxes
or other packages; or if I Shall discover that there are more goods or
merchandize stowed in bulk, owned by, or consigned to me, or under
my charge, than in the said invoice or account is mentioned; or if I
shall at any time hereafter receive any other invoice, than that which I
now produce, of the said goods or merchandize, I will forthwith, after
discovering such goods or merchandize, or receiving such invoice, deliver
an account thereof, to the collector of the port of a .
And tie it fart/zer enacted by t/ze az/t/zority aforesaid, That if any ship
or vessel, shall arrive at, or come into any of the ports of this State,
having on board goods or merchandize, subject to any duty by this act,
destined for any port or place out of this State, it shall be lawful for
the person having the command of such ship or vessel, or the owner, or
consignee of such goods or merchandize, at‘ the time of delivering the
manifest aforesaid, to enter the same for exportation, particularly speci-
fying the same; and the goods or merchandize so entered for expor-
tation, may afterwards be exported on the same vessel, or in any other,
but without having been landed, to any part or place out of this State,
free from the said duties; provided, that such goods and merchandize
shall be exported in the original bales, casks, chests, trunks, cases,
boxes or other packages, and shall not be removed from one ship or
vessel to another, withoutlthe presence of some ofﬁcer appointed by
the collector of the port, to superintend such removal. And proz/ided
fart/ter, that the person having the command of such ship or vessel,
Shall, prior to the departure of the said goods or merchandize out of
this State, take an oath, to be administered by Such collector, in the
words following. I in the presence of Almighty God, do
swear, that none of the goods or merchandize imported in the vessel
under my command, entered for exportation, other than those, whereof
notice hath been given to the collector of, the port, and a permit ob-
tained for landing the same, have been directly or indirectly landed or
put on Shore within this State ; and that the said goods and merchan-
dize, to the best of my knowledge and belief, are now on board the ship
or vessel called the about to depart from this State, and are
not intended to he landed within this State, or in any other, for the pur-
pose of being again brought within this State. And the owner or con-
signee of such goods or merchandize, if other than the person having
the command of such vessel shall also take an oath, to be administered
by such collector, in the words following. I do swear in the
presence of Almighty God, that the goods and merchandize imported
in the ship or vessel called the owned by, or consigned to me,
and which were entered for exportation, other than those for which a
permit to land hath been since obtained, are, to the best of my knowl-
edge and belief, now on board the ship or vessel called the
about to depart from this State; and that the said goods or merchan-
dize, are not intended directly or indirectly to be landed within this
State, or elsewhere, for the purpose of being brought within this State.
And prof/idea’ last/y, that it shall be lawful for the master, or person
having the command of such vessel, or the owner or consignee of the
VoL. 2. — 65
Importa-
tion of
goods des-
tined for
places out
ofthe
State,
entry and
exporta-
tion of.
Oath of
master
Oath of
consignee.
entry.
Change of
f514
LAWS OF NEW YORK. [CHAR 81.
Penalty
for failure
to enter
at custom
house and
exhibit
manifest.
Duties of
£20 or less
to be paid
in specie;
above that
amount
security
may be
taken by
collector.
Goods
landed be-
fore inani-
fest exhib-
ited, to be
forfeited.
l
goods and merchandize on board, or of any part thereof, at any time
within ten days after the day of the arrival of such vessel, to enter for
importation, any part of the goods or merchandize, before entered for
exportation ; but it shall not be lawful, at any time after the expiration
of the said ten days, to enter for importation, or land any part of such
goods or merchandize, so before entered for exportation. And if such
goods or merchandize, so entered for exportation, shall, without a per-
mit for that purpose from the collector, at any time after such entry for
exportation, be landed within this State, or elsewhere, and brought
within this State, without paying or securing the payment of the duties
thereupon, such goods or merchandize shall be forfeited to the people
of this State. And in case such goods or merchandize, to the value of
ﬁfty pounds or upwards, shall be so landed from on board any ship or
vessel, lying in any port or harbour of this State, such ship or vessel
shall also be forfeited to the people of this State.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid, That if‘ any master
or other person, having the command of any vessel which shall come
into any of the ports of this State, after the said ﬁrst day of August
next, and shall neglect or refuse to make a report of the arrival of such
vessel, or to deliver a manifest of the cargo on board, in the manner
and within the time herein before for those purposes respectively men—
tioned, or to take the oath prescribed as aforesaid, every such master'or
person, having command as aforesaid, shall forfeit the sum of one hun-
dred pounds, for each such neglect or refusal; and at the rate of twenty
pounds for each day, that either of the said matters shall be delayed,
beyond the time for that purpose limited.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid, That when the
duties upon any parcel of goods or merchandize, to be entered at the
custom house, by any merchant, factor or other person, does not ex-
ceed the sum of twenty pounds, the same shall be paid to the collector
before a permit for landing shall be granted; but if the duties on the
goods speciﬁed in any invoice or account, to be exhibited as aforesaid, ex—,
ceed the said sum of twenty pounds, the collectors respectively, are hereby
authorized to take a bond with one or more sufﬁcient surety or sureties,
being a freeholder or freeholders, from the person exhibiting such in-
voice, or account, upon oath, as aforesaid,ifor the payment of the said
duties, if, upon goods or merchandize imported from any of the West
India islands, in four months; and if upon goods or merchandize im-
ported from any other country or place, in six months from the date of
such bonds respectively. And after such payment of the said duties
shall be made, or security given therefore, in manner aforesaid, the col-
lector shall grant a certiﬁcate or receipt thereof, if required, and a per—
mit for unloading the bales, casks, chests, trunks, boxes, cases or other
packages, or goods, or merchandize, for which the duties shall have
been so paid, or secured to be paid as aforesaid, directed to the land and
tide waiters, who, upon receiving such permit, shall allow the bales,
casks, chests, trunks, cases, boxes, or other packages, or goods or mer-
chandise, speciﬁed therein, to be unloaded or discharged.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid, That if any master
or person, having the command or charge of any vessel, which shall
come into this State, after the said ﬁrst day of August next, shall land,
or put on shore, or unlade any part of the cargo of such vessel within
this State, before report and manifest have been made and delivered as
aforesaid, or upon exhibiting such manifest, shall omit to mention
therein .any of the bales, chests, casks, trunks, cases, boxes or other pack-
ages, or goods, or merchandize on board such ship or vessel, all such
CHAP. 81.] TENTH SESSION. 515
goods and merchandize so landed, put on shore, unladen, or omitted,
together with such vessel, her tackle, apparel and furniture, shall be
forfeited to the people of the State of New York.
Provided, that the forfeiture of such vessel, her tackle, and furniture, proviso;
shall not be incurred, unless the goods so landed, put on shore, unladen Zggézéoﬁo
or omitted, shall exceed in value the sum of ﬁfty pounds.
Arid ﬁe it farf/ier e/zaez‘ed ﬁy z‘ﬁe aaz‘ﬁorizjl aforesaid, That all the Goods not
goods and merchandize, subject to any duty by this act, according to $02,156"
weight or measure, shall be weighed, guaged or measured upon the fromwharf
wharf or place Where the same shall be landed or put on shore, before 32%,... or
they are removed therefrom; and the guager weighmaster or measurer, measured-
guaging weighing or measuring the same, shall mark on all bales, casks,
or packages, the quantity contained in the same respectively. And if
any goods or merchandize subject to duty by this act shall be removed
from the wharf or place where the same shall have been landed, before
such goods or merchandize shall be weighed, guaged or measured and
marked, as the case may be, without the consent of the collector and
his permit for that purpose obtained, such goods or merchandize so
removed, shall be forfeited to the people of the State of New York.
.4 12d ﬁe iz‘ farf/ier eaaez‘ed ﬁy Z/ze aat/zorizfy aforesaid, That if any mer- Vessel to
chant, factor or other person shall after the ﬁrst day of August next, 15535-3
land or put on shore, or remove from on board of any ship or vessel i€€3;)(<11§dbe_
within this State, any goods or merchandize subject to a duty in and by fore permit
this act, before he shall have obtained, from the collector, a permit for ggj‘ﬁﬁ‘grf’y
that purpose, according to the true intent and meaning of this act, all
such goods or merchandize, so landed, put on shore or removed, together
with the vessel, her tackle, apparel and furniture, shall be forfeited to
the people of this State.
Provided, that such forfeiture of the vessel, her tackle, apparel and Proviso;
furniture, shall not be incurred, unless the goods so landed, put on shore ggﬁg‘gg‘jgso,
or removed, shall exceed in value the sum of ﬁfty pounds.
A 12d ﬁe ii‘ farf/zer e/zaez‘ed ﬁy i/ze az/i/zorify aforesaid, That it shall and band and
may be lawful for any land or tide waiter, put on board of any ship or Egdgegﬁger
vessel by the collector, or surveyor and searcher, at sun set, to have lllgfﬁltlgsgrat
locks afﬁxed to the hatches, or other parts of such ship or vessel, in bars; pen-
order to prevent the landing or ‘discharging any part of the cargo from ilrtoyklén
on board such ship or vessel, in the absence of such land and tide Open.
waiter. And the said land and tide waiter shall keep the key or keys
of such locks until the next morning at sun rise; and if it shall appear
that the said locks, or any of them, have been broken open in the absence
of the land and tide waiter by whom they were affixed, or that the
hatches, or any of them have been opened, then and in every such case,
the opening of any such hatches, or the breaking of any such locks,
shall be deemed a sufﬁcient evidence of fraud; and the master or per-
son having the command on board of any such ship or vessel, shall
in every such case. forfeit the sum of ﬁve hundred pounds.
Alia’ ﬁe ii‘ farZ/zer eizaez‘ed ﬁy i/ze aai/zorizji aforesaid, That it shall Enforce-
and may be lawful for the collectors respectively, to receive the money £113,252,,
payable for duties by virtue of this act; and if any duty shall not be paid 0f dutigsb
within the time in the said bonds respectively mentioned, (excepting 23nd: y
the cases in which drawbacks are allowed for exportation, the collector
to whom such bond or bonds shall be payable, is hereby directed and
required forthwith after the expiration of the time of payment therein
limited, to commence and prosecute to effect an action or actions in his
own name, for the recovery of the sums due on such bonds respectively,
with costs.
516 '
LAWS OF NEW YORK. [CHAR 81.
Collector
declared
liable for
all sums,
where
bond not
prosecuted
when sum
falls due.
Account to
be kept by
collector;
report to
auditor.
Duties to
be paid
into treas-
ury quar-
terly.
Collectors
to cause
suspicious
bales, etc.,
to be ex—
amined;
in case of
fraud,bale,
etc., for-
feited.
Question
of fraud to
be passed
on by jury.
Penalty for
landing,
etc., duti-
able goods
in the
night.
And be iz‘ fart/zer mated by z‘lze aaz‘borizy aforesaid, That if the said
collector shall not forthwith, after the monies shall become due on such
bonds respectively, commence an action or actions for the recovery of
the monies which shall become due thereon respectively, and prosecute
the same to effect, (except as aforesaid) then and in every such case,
the said collector shall be deemed to have received the said monies, and
be accountable for the same to the people of this State, in like manner
as if the same had actually been received by him. And that the said
monies shall be sued for and recovered in any court of record having
cognizance of the same, from the collectors respectively, their respec-
tive heirs, executors or administrators, in an action or actions of debt,
or iii-any other action or actions, by and in the name of the treasurer of
the State. And it is hereby made his duty to sue for, and recover such
monies, for the use of the people of this State.
And be if farz‘ber enaez‘ed by Me azef/zoriz‘y aforesaid, That the collec-
tors shall respectively enter in a book to be kept by them for that pur-
pose, the amount in value of the goods and merchandize in and by this
act subject to a duty, ad valorem, as aforesaid, the quantity of goods
and merchandize in and by this act particularly enumerated and
described, and the amount of the duties thereon respectively. And the
collectors respectively shall also once in every three months deliver such
accounts to the auditor of this State, who shall examine the same, and
certify the amount thereof to the treasurer. _
And be if farf/zer e/zael‘ed by z‘be az/i/zorizj) a/foresaid, That the collec—
tors, shall, once in every three months, pay to the treasurer of the State,
all the monies which shall arise or come into their hands respectively, as
well for duties and forfeitures, as for fees of ofﬁce, in pursuance of this
act, without any deduction whatsoever.
And be iz‘ farZ/zer e/zaez‘ed by Z/ze aaf/zoriiy aforesaid, That in cases
when either of the collectors shall have information upon oath, or reas~
onable cause to suspect, that the invoice exhibited to him does not
specify all the goods or merchandize, whether contained in bales, casks,
chests, trunks, cases, boxes or other packages, or stowed in bulk, whereof
the same is exhibited as a true invoice, the said collector shall and may
take all such bales,_casks, chests, trunks, cases, boxes or other pack-
ages, and the goods or merchandize contained therein, as also the
goods or merchandize stowed in bulk as aforesaid, into his possession,
and may open and examine the same; and if upon such examination, it
shall be found that there were other goods or merchandize not men-
tioned in such invoice, which were omitted with an apparent design to
defraud the State of the duties thereupon, as well those mentioned, as
those omitted in such invoice, shall be seized by the collector, and pro--
ceeded against, and forfeited to the people of this State.
Provided, for greater caution, that in every case in which defence shall
be made in any of the courts of common law, and judgment shall not
pass by defualt, it shall be the province of the jury charged with the
cause to try the intent aforesaid and to collect from the facts and cir-
cumstances of the case, whether the same was fraudulent, or otherwise.
And be if farz‘ber eizaez‘ed by Z/ze aaz‘borizy aforesaid, That if any person
or persons whomsoever, after sun sett and before sun rise, shall take up,
land or carry, or aid or assist, in taking up, land_ing,_cart1ng or carrying
any goods or merchandize, for which the duties-1n and by thisact
imposed, have not been paid or secured to be paid, in manner aforesaid,
every person or persons so offending, shall forfe1t and pay the sum of
ﬁfty pounds, for every such offence.
CHAP. 81.] TENTH SESSION. 51-7
And oe it fart/zer enacted by t/ze aat/zorizy aforesaid, That it shall be land and
‘the duty of such of the land and tide waiters, as the collector or sur- gigf’gfﬁiig's
veyor and searcher shall direct, to remain on board of any ship or vessel of-
having any goods or merchandize on board subject to duty, until such
vessel shall be discharged.
And oe it fart/ter enacted by t/ze aat/zority aforesaid, That the duties Rate of
to arise on any goods or merchandize, the invoice or account whereof is Zicg‘r‘ittsi,
made out in British sterling money, shall be completed and paid at the Sterling-
exchange of one hundred and seventy ﬁve pounds lawful money of this
State, for one hundred pounds of such sterling money.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That all and every Penalties,
penalty and penalties imposed or incurred by this act, or any other act Eilgons‘jgtlf‘
relative to the customs in this State, shall and may be sued for, and recoveryof
recovered, with costs of suit, by action of debt, bill, plaint or informa-
tion, in any court of record in this State, in the name of the collector of
the customs of the port of New York, or in the name of the attorney
general of this State. And if any action or information shall be entered
or prosecuted in the name of any other person, the same, and all pro-
ceedings thereupon shall be void, and of none effect; the one moiety of
all which penalties, when recovered, shall be to the use of the people of the State of New York, and the other moiety thereof to him, her or
them, who shall inform concerning the same.
And oe it fart/zer enacted by t/ze ant/zority aforesaid, That all ships and Forfeiture
vessels, goods and merchandize which shall become forfeited by virtue 220351333.‘
of this act, shall be prosecuted by the collector, or ofﬁcer or other per- ggggiélfgsin
son who shall seize the same, by information in the court of admiralty, '
or in the court of exchequer, or in any mayors court or court of com-
mon pleas in this State, in order to condemnation thereof. And if such
information shall be prosecuted in the court of exchequer, or in any
mayors court, or court of common pleas, proclamations shall be made
in the accustomed manner: And in case no person shall appear and
claim such ship or vessel, goods and merchandize, the same shall be
adjudged to be forfeited; so as there shall always three proclamations
before judgment or forfeiture be given, and at least two days between
each proclamation; and judgment of forfeiture shall not be given, until
four days after the third proclamation shall be made. And if any per-
son shall before judgment of forfeiture, appear and claim such ship or
vessel, goods or merchandize, and defend the prosecution thereof, the
court shall proceed to hear and determine the cause according to law.
And fnrt/zer, that on the prayer of any claimant to the court, that any
ship or vessel, goods or merchandize, so seized and prosecuted, or any
part thereof, should be delivered to such claimant, it shall be lawful for
the court to appoint three proper persons, to appraise such ship or ves-
sel, goods or merchandize, who shall be sworn in open court for the
faithful discharge of their duty; and which appraisement shall be made
at the expence of the party, on whose prayer the same shall be made;
and the appraisers shall be allowed such sum, as the court in each case
shall deem reasonable, not exceeding in any case, twenty shillings for
each day, to each appraiser. And on the return of such appraisment, if
the party claimant shall thereupon with one or more sureties, to be
approved of by the court, execute a bond in the usual form, to the col-
lector of the port of New York, for a payment of a sum equal to the
sum at which theship or vessel, goods or merchandize so prayed to be
delivered, shall be appraised, the court shall, by rule, order such ship or
vessel, goods or merchandize to be delivered to the claimant; and the
said bond shall be lodged with the clerk of the court. And if judg-
518
LAWS OF NEW YORK. [cHAp. 81.
ment shall pass in favour of the claimant as to such ship or vessel, and
, as to the whole of such goods¢and merchandize so delivered, the court
Prosecu-
tion for
forfeitures,
ow
brought.
Proceed-
ings in
prosecu-
tions.
Burden of
proof,
where to
lie.
shall cause the said bond to be cancelled; but if judgment shall pass
against the claimant, as to the whole or any part of such ship or vessel,
or goods or merchandize, then if the claimant shall not within ten days
thereafter, pay into court, or to the collector of the port of New York,
the amount of the appraised value of such ship or vessel, or goods or
merchandize, so condemned, with the costs, the court shall direct such
bond to be put in suit, and shall from time to time give such relief
therein, as shall be agreeable to equity and good conscience. Aim’
furl/ler, that one moiety of all forfeitures to be incurred by virtue of
this act, clear of all costs of prosecution, and other charges and expences,
shall be to the use of the person or persons who shall inform and pros-
ecute for the same, and the other moiety, after deducting all costs,
charges and expences, shall be to the use of the people of this State.
And be 2'! fzu'z‘lzc’r ezzarz‘m’ [2y Z/ze azzf/zorz'z‘y oresaz'd, That in all cases
of prosecution for any such forfeiture, it shall be in the discretion of
the collector of the port of New York, or of the attorney general, to
direct in which of the courts aforesaid any information shall be brought
touching such forfeiture; and if such information shall not be in the
name of the said collector, or attorney general, the informant shall, in
every such case, previous to ﬁling his or her information, enter into a
bond or recognizance with one sufﬁcient surety, in the sum of one hun-
dred pounds, with a condition to prosecute the same to judgment and
condemnation.
Aim’ ﬁe z'z‘ furl/22;" emu/m’ by Z/ze az/Z/zorz'z‘y afrrrcsaz'a’, That in case any
action, or information, shall be commenced and brought to trial, on
account of the seizure of any goods or merchandize, wherein a verdict
shall be found for the claimant or claimants thereof, and it' shall appear
to the judge or court, before whom such action or information shall be
tried, that there was a reasonable cause of seizure, the same judge or
court shall cause a proper certiﬁcate or entry to be made thereof; and
in such cases, the defendants shall not be entitled to any costs whatso-
ever, nor shall the informer, or person who made the seizure, or the
prosecutor, be liable to any action, indictment, or other suit or prosecu-
tion, on account of such seizure or prosecution; provided the goods or
merchandize seized, forthwith, after judgment shall be given for the
said claimant or claimants, be restored to such claimant or claimants,
his, her, or their agent: and if any action, indictment or other prosecu-
tion, shall be commenced and brought, against any person or persons
whomsoever, on account of any such seizure, it shall be lawful. for the
defendant or defendants, to plead the general issue, and to give in evi-
dence the certiﬁcate or entry aforesaid, which shall be, and is hereby
declared to be sufﬁcient to discharge such defendant or defendants,
from all damages by reason of such seizure; provided, that it shall not
preclude the recovery of the value of the goods seized, if the same shall
not have been restored as aforesaid, or of such part thereof as may not
have been restored.
A 720.’ {16 2'2‘ fZ/i’Z/ZFI’ enacz‘ea’ éy z‘ize auﬂmrz'z‘y aforesaid, That if any goodsv
or merchandize, shall be seized for non payment of duties, or any other
cause of forfeitures, and any dispute shall arise, whether the duties have
been paid, or secured to be paid for the same, or whether the same have
been lawfully imported, or concerning the port or place from whence
such goods or merchandize were brought, or concerning the property
thereof, or the vessel, in which such goods or merchandize Were imported;
then and in every such case, the burthen of the proof shall lie on the‘
CHAP. 81.] TENTH SESSION.
519
owner or owners, or claimant or claimant of such goods or merchandize,
and not on the person who shall seize the same.
And ﬁe ii‘ fart/zer e/zaefed ﬁy f/ze aI/f/zorizjr aforesaid, That upon infor-
mation made by the collector, or any other ofﬁcer of the customs, and
upon oath made by such ofﬁcer, that he hath probable cause to suspect,
and doth really suspect, that any person or persons have landed,
removed, reshipped, or brought into this State, any goods or merchan—
dize subject to duty by this act, or caused the same to be done, without
having made an entry thereof with the collector, and paid or secured to
be paid the duties thereon, according to the true intent and meaning of
this act, it shall and may be lawful for the chancellor, the justices of
the supreme court, the mayors, recorders or any of the aldermen of the
cities of New York, Albany or Hudson or the justices of the peace of
any of the counties of this State, or any or either of them, to whom
such information, on oath, shall be given as aforesaid, to issue a warrant
or warrants under his hand and seal, directed to the marshal of the
court of admiralty, or to the sheriff of the county, where the offence
shall have been committed, or to the sheriff of the county next adjoin-
ing thereto, who are hereby respectively required and authorised to
execute such warrants, thereby commanding the said marshal and sher-
iffs, or any of them, to enter into any house, out house, or other build-
ing or inclosure, or ship, vessel or boat, in the day time, where such
goods or merchandize are suspected to be deposited or concealed; and
in case of resistance, or after demand and refusal to open such house,
out house or other building or inclosure, or ship, vessel or boat, or
where such house, out-house or other building or inclosure or ship, ves-
sel or boat shall be uninhabited or unoccupied, to break open such
house, out house or other building or inclosure, or such ship vessel or
boat, and to seize and secure the said goods or merchandize, so depos-
ited or concealed therein; and all ofﬁcers and ministers of justice, are
hereby required to aid and assist therein: Provided always, that no
house shall be entered. by virtue of this act, unless it be within one
month after the offence is supposed to have been committed.
And ﬁe ii‘ fari/zer eaaeied ﬁy Z/ze az/f/zorizjr aforesaid, That the marshal
and sheriffs, and every of them, having received such warrant as afore—
said, are hereby authorized and enabled to go and enter on board of
any ship or vessel, and from thence to bring on shore, into the store or
warehouse provided for that purpose, any goods or merchandize liable
to seizure by this act; and that whenever the said marshal, sheriff or
collector, or any ofﬁcer of the customs, shall, in the due execution of
their respective ofﬁces, be, by any person or persons resisted, obstructed,
abused, assaulted, beaten or wounded, either on the board of any ships
vessel or boat, or upon the land or water, all and every such person or
persons so offending, shall forfeit and pay, for every such offence, the
sum of two hundred pounds.
Arid ﬁe iz‘ fart/zer e/zaez‘ed ﬁy Z/ze aut/zoriz‘y aforesaid, That in case of
the seizure of any goods or merchandize as aforesaid, the collectors
respectively, shall and may for depositing and securing thereof, procure
and provide good and sufﬁcient storehouses, at the expence of the
people of this State.
And ﬁe iz‘ farf/zer eizaeied ﬁy Z/ze az/z‘ﬁori/y aforesaid, That the mar-
shal or sheriff, who shall seize any goods or merchandize as aforesaid,
shall give his receipt for ‘the same, expressing the particular bales, casks,
chests, trunks, cases, boxes and other packages, and the marks and
numbers thereof. And that all such goods or merchandize so to be
seized, shall be put into, and remain in the custody of the collector,
Suspicion
of violation
of act, pro-
ceedings in
case of .
/
Seizure of
goods by
marshal
and
sheriffs.
Store-
houses to
be pro-
vided for
goods
seized.
Ofﬁcer to
receipt for
goods
seized.
520 LAWS or NEW YORK. [CHAR 81. ,
until such proceedings shall be had, as are required by this act, to ascer-
tain, whether the same have been forfeited, and ought to be condemned,
or not; and if it shall be found and adjudged, that the same were not
forfeited, they shall be forthwith restored to the owner or owners,
or claimant or claimants thereof. - -
Penaltyfor A no’ be it farf/ier e/zaez‘ed by [he aaZ/iorizy aforesaid, That if any person
gggggélmg or persons, shall knowingly harbour, conceal, or buy any goods or mer-
chandize, liable 'to seizure by this act, such person or persons shall for-
feit and pay, for every such offence, the sum of twenty pounds.
Sale of ves- And be it farf/ier e/zaez‘ed by [be aai/zorizfy aforesaid, That all ships,
Z‘ilig‘g‘gom Vessels, goods or merchandize, which shall be seized and condemned by
demned- virtue of this act, shall be sold by the proper ofﬁcer of the court, in
which such condemnation shall be had, to the highest bidder, at public
auction, by order of the collector, and at such place as he shall appoint
for that purpose, giving at least fourteen days notice, (except in case of
perishable goods)in two of the news papers published in this State;
and such ofﬁcer shall render an account of all such sales, and pay the
monies arising therefrom, to the collector, by whose order such sales
shall have been made, within twenty days thereafter, in order that the
same may be distributed, as is herein before directed.
Vessels And be it farz‘ber e/zaez‘ed by Me azet/zorizj/ aforesaid, That when any
332%,)“ ship or vessel, shall, by distress, be driven or compelled to come into
disﬁress- the port of New York, the master or person having the command, shall
make a report of such arrival; and deliver an account or manifest of
the cargo on board of such vessel, as is herein before directed in other
cases; and may remain a reasonable time in port to repair and reﬁt,
without being subject .to any duties, except on such goods liable to a
duty, which shall be actually landed; or to any charges or expences to
this State, except the daily pay of the custom house ofﬁcer or ofﬁcers,
to be put on board by the collector, or the surveyor and searcher. And
the master of any such ship or vessel, may land and sell, under the in—
spection and direction of the port wardens, and an ofﬁcer of the cus-
toms, to be appointed by the collector, for that purpose, such part of
the cargo, as shall appear to the collector of the port, to be necessary
to procure provisions, and to defray the necessary and incidental expen-
ces of such reﬁtting and repairs. Provided aZ'zr/ays, that in all cases,
where it shall be necessary to unload any such vessel for repairing
thereof, the cargo, or such part thereof, as may be unladed, in order to
be taken again on board, shall be unladed, and again loaded, under
the inspection of the ofﬁcers of the customs, and not otherwise. And
pro'oided farZ/zer, that in order to ascertain, what ships or vessels shall
be entitled to the exemptions and privileges hereby allowed to ships and
vessels in distress, it shall be the duty of the master or other person
having the command of any such ship or vessel, at the time of making
the report and delivering the manifest aforesaid, to report the cause,
which obliged such ship or vessel to come into port; whereof the col-
lector shall give notice to the wardens of the port. And the said mas-
ter or other person, having the command of such ship or vessel, shall
within four days after making such report, cause a protest on oath, in
the usual form, to be made, before some notary public, setting forth the
causes and circumstances, which obliged such vessel to come into port,
and shall lay such protest, before the said wardens of the port, who, or
any two of whom, are hereby authorized to inspect and examine such
vessel; and also further, to examine the master, or person having the
command of such vessel, on oath, touching such causes and circum-
stances; and the said wardens of the port, shall, as soon as may be,
CHAP. 81.] TENTH SESSION. 521
certify to the collector, whether in their opinion, such vessel came into
port in distress or not: And if they shall certify, that such vessel did
not come into port in distress, thenceforth all the exemptions and privi-
leges- hereby allowed to vessels in distress, shall cease with respect to
such ship or vessel; and the said vessel and her cargo, shall be thence-
forth liable to the same regulations, as are prescribed by this act in
other cases.
And be it fart/ter enacted Zzy t/ze azrt/zoritv aforesaid, That if any goods Goods re-
or merchandize imported or brought into this State, subject to duty by glg'lfzgﬁfn
this act, for the duties whereof a bond or bonds shall have been given, y_on_d the
shall be exported out of this State within ninety days after the impor- Lg‘g‘gia‘f,
tation thereof, to any other part of the United States of America, the
amount of the duty on such goods and merchandize, shall be deducted
from the same, payable upon such bond or bonds : And to ascertain
upon what goods or merchandize such deduction or drawback shall be
allowed, it shall be necessary for the exporter or exporters thereof,
after such goods or merchandize shall have been laden on board of any
vessel for exportation, and before the departure of such vessel, to report
the same to the collector, delivering an invoice or account of the bales,
chests, casks, boxes, cases, trunks and other packages, the marks and
numbers of such bales, chests, casks, boxes, cases, trunks and other
packages, and specifying the ship or vessel, in which the same have
been laden for exportation ; and thereupon the exporter of such goods
and merchandize, being the.original importer or consignee thereof, shall
take an oath, to be administered by the collector, in the words follow-
ing, to wit. I do swear in the presence of Almighty God, that Oath of
the bales, chests, casks, boxes, cases, trunks and other packages, Speci- reshlpper‘
ﬁed in the invoice now by me delivered, and marked and numbered as
is therein mentioned, were actually imported into this State, in the ship
or vessel called the , from the port of for the duties
whereof I have given bond, to the collector of the port of ,
and that the said goods and merchandize, were actually laden on board
the vessel called the for exportation, in the original bales,
chests, casks, boxes, cases, trunks and other packages, in which they
were imported; and that the said bales, chests, casks, boxes, cases,
trunks and other packages, were not opened, nor any part of the goods
therein contained taken out or exchanged, before they were laden on
board of the said ship or vessel last mentioned; and that the said bales,
chests, casks, boxes, cases, trunks and other packages, with the goods
and merchandise therein, are bona ﬁde intended to be exported for the
port of in the State of and that the goods and mer-
chandize so to be exported subject to a duty ad valorem, are of the
value of computed on the prime cost ; and that there were no
enumerated articles, subject to a duty, contained in the said bales,
chests, casks, boxes, cases, trunks and other packages, than those men-
tioned in the invoice now by me exhibited : And fart/ter, that the said
goodseor merchandize have not been laden on board the said ship or
vessel last mentioned, with design to evade the payment of the duties
thereupon, or to be relanded, or in any other manner brought back into
this State. But if such exporter shall not be the original importer or
consignee of such goods or merchandize, then such original importer
or consignee, shall take an oath, to be administered by the collector, in
the words following, to wit. I do swear in the presence of Oath by
Almighty God, that the bales. chests, casks, boxes, cases, trunks and gggig
other packages, speciﬁed in the invoice now by me delivered, and
marked and numbered as is therein mentioned, were actually imported
VoL. 2. —— 66
(J!
l\')
[\D
LAWS OF NEW YORK. [CHAR 81..
Oath of
exporter.
into this State, in the ship or vessel called the from the port
of and that the goods and merchandize therein contained,
have been by me sold and delivered in the original bales, chests, casks,
boxes, cases, trunks and other packages, in which they were imported
to ; and that the prime cost of such part thereof, as is sub-
ject to a duty ad valorem, is , and that there were not, to
my knowledge or belief, any enumerated articles contained in the‘
said bales, chests, casks, boxes, cases, trunks and other packages,
other than those mentioned in the invoice now by me exhibited.” And
the said exporter of such goods and merchandize, shall take an oath,
to be administered by the collector, in the words following to wit,
“ I do swear in the presence of Almighty God, that the goods
and merchandize contained in the bales, chests, casks, boxes, cases,
trunks and other packages, speciﬁed in the invoice herewith delivered,
and marked and numbered as is therein mentioned, were by me pur-
chased of , , and that no part of the goods in the said bales,
chests, casks, boxes, cases trunks and other packages, contained at the
time of delivery thereof to me, have been taken out or exchanged, since
the time of such delivery: and that the said bales, chests, casks, boxes,
cases, trunks and other packages, together with the goods and merchan-
dize therein contained at the time of the said delivery, as are speciﬁed
in the invoice aforesaid, have been bona ﬁde laden on board the ship or
vessel called the for the purpose of being exported to the
port of in the State of ; and that the said goods
and merchandize were not so laden on board the said ship or vessel last
mentioned, in the design to evade the payment of the duty thereupon,
or to reland or otherwise bring back the said goods and merchandize
into this State.” And thereupon, if the balance due upon such bond,
be paid within the time, for that purpose limited, it shall be lawful for
the collector, to whom such bond was given, and he is hereby required,
to suspend the prosecution of such bond, for the space of four calendar
months, after such exportation; and if at or before the expiration of the
said four months, the exporter of such goods and merchandize shall
produce to such collector, a certiﬁcate from the chief ofﬁcer of the cus-
toms, of the place where such goods or merchandize shall be landed,
that such goods and merchandize have been there landed, specifying the
marks and numbers of the bales, chests, casks, boxes, cases, trunks and
other packages, wherein the same were so landed; then such collector
shall deduct and allow the amount of the duties thereupon, and not
otherwise. Praz'z'ded always, that in case such goods and merchandize,
or any part thereof, shall be lost, or perish by any unavoidable accident,
after their exportation, and prior to their arrival at the place of their
destination, such drawback or deduction as aforesaid shall be made and
allowed, without the production of such certiﬁcate; instead of which the
exporter of such goods and merchandize, shall take an oath, to be
administered by the collector, that to the best of his information, knowl-
edge and belief, the said goods and merchandize were actually lost on
the passage to the place of their destination, specifying such goods and
merchandize, and the cause of such loss: Prow'dcd, that if such exporter
shall be a resident in another State, an oath to the foregoing effect, taken
by such exporter, before a notary public, or mayor, or other chief mag-
istrate of the place where such exporter shall reside, and certiﬁed under
the seal of such notary public, mayor or other chief magistrate, shall
and may be admitted in lieu of the oath to be administered by the col-
lector aforesaid.
CHAP. 81.] TENTH SESSION. ‘ 523
And ﬁe iz‘ fart/zer e/zaez‘ed ﬁy z‘ﬁe aaz’ﬁorizj/ aforesaid, That from and Fees to be
after the passing of this act, no higher or other fees shall be demanded gggiﬁgﬁgr
or received by the collector for the port of New York, for entering
inwards and clearing out any vessel or boat, the property of the citizens
of any of the United States, arriving either from the State of Connecti-
cut, or from the eastern division of the State of New Jersey, and having
on board any goods or merchandize subject to the payment of duties,
by this act, or any law of this State, and for which the duties have not
'been paid, than the following, that is to say, for every vessel or boat of
the burthen of forty tons and upwards, and under seventy tons, the sum
of twenty shillings.
For every vessel or boat, of the burthen twenty tons and upwards, and
under forty tons, the sum of twelve shillings.
And for any vessel r beat, with a deck thereon, of less burthen than
twenty tons, the sum of eight shillings. And for entering inwards. and
clearing outwards, any vessel or boat, the property of a citizen or citizens
of any of the United States, arriving either from the State of Connecti-
cut, or from the eastern division of the State of New Jersey, and not
having on board any goods or merchandize subject to the payment of
duties, by any law of this State, no higher or other fees than the follow-
ing, that is to say; for every vessel or boat of the burthen of forty tons
and upwards, and under seventy tons, the sum of ﬁve shillings. For
every vessel or boat of the burthen of twenty tons and upwards, and
under forty tons, the sum of three shillings. And for every vessel or
boat, with a deck thereon, of less burthen than twenty tons, the sum of
two shillings.
A/zd ﬁe i! fari/zer eizaez‘ed ﬁy z‘ﬁe aai/zorilfi' aforesaid, That the tonage Tonnage,
of every such vessel or boat shall or may be ascertained by the oath or ,lz‘zg‘gegscel"
oaths of the master, or owner or owners thereof, or otherwise, which '
oath or oaths the collector for the port of New York for the time being
is hereby authorized and required to administer.
Aad ﬁe iz‘fz/rz‘ﬁer eaaeied ﬁy z‘ﬁe az/t/zorizfy aforesaid, That all the fees Fees, how
arising by virtue of this act, shall be applied and accounted for, in the applied-
manner directed by the law of this State, entitled an act for the estab-
lishment of a custom house.
And ﬁe ii farZ/zer eaaez‘ed ﬁy f/ie aar/zoriijv aforesaid, That it shall Registers
and may be lawful to and for the respective collectors of the customs in ggssels
this State, to grant registers for all and every ship or vessel which shall granted by
. . . . collectors.
or may be built within th1s State, by any person or persons whatsoever,
or for any ship or vessel actually owned by any citizen or citizens of this
State; and that such registers shall.express the tonage and description
of every such ship or vessel. Proz'ided always, that the ship or vessel
for which such register shall be required, be at the time actually within
this State; alzdjirozrided also, that the person or persons who shall apply
for the same, shall, previous to the issuing any such register. subscribe
his or their name or names to the same register, and make oath before
such collector, that the ship or vessel for which he or they require a
register, was actually built within this State, or is bona ﬁde the property
of a citizen or citizens of this State.
And ﬁe it fzzrZ/zer e/zaez‘ed ﬁy i/ze ai/i/zoriz‘y aforesaid, That the act Act's
entitled “An act imposing duties on certain goods, wares and merchan- iggggféd.
dize imported into this State,” and the act entitled “An act to explain
and amend an act, entitled An act imposing duties on certain goods
wares and merchandize imported into this State, passed the eighteenth
day of November, 1784; and the act entitled “An act imposing duties
.on the importation of certain goods wares and merchandize," and the
‘)
LAWS OF NEW YORK. [CHAR 82.
Preamble.
Regents of
the univer-
sity, board
of , estab—
lished.
Names of
regents.
fourth section of the act entitled “An act for granting a bounty on hemp
to be raised within this State, and imposing an additional duty on sun-
dry articles of merchandize, and for other purposes therein mentioned,”
shall, from and after the said ﬁrst day of August next, be, and the same
are hereby respectively declared to be repealed. Pro'z'ided always, that
the collector shall prosecute to effect, such bonds which shall be exe—
cuted for duties arising on goods and merchandize imported into this
State, before the said ﬁrst day of August next, by virtue of any of the
acts hereby repealed; and that all suits, informations or prosecutions,
already commenced, or which may be commenced, for any forfeiture or
penalty incurred by virtue of any of the said acts, before the said ﬁrst
day of August next, may be prosecuted in like manner as if such acts
had continued in full force. And ,oroz/ided fart/zer, that whenever the
United States in Congress assembled, shall by any of their acts declare
their acceptation of the impost intended to be granted in and by the act
entitled “An act for giving and granting to the United States in Congress
assembled, certain imposts and duties on foreign goods imported into
this State, for the special purpose of paying the principal and interest of
the debt contracted in the prosecution of the late war with Great Britain,”
that then and from thence forth, this act shall cease and be void, and
the said acts now in force, and herein declared to be repealed, shall be
respectively revived, and remain in full force.
CHAP. 82.
AN ACT to institute an university within this State and for
other purposes therein mentioned.
PASSED the 13th of April, 1787.
WHEREAS by two acts of the legislature of the State of New York,
the one passed the ﬁrst day of May, and the other twenty sixth day of
November, one thousand seven hundred and eighty four, an university is
instituted within this State, in the manner and with the powers therein
speciﬁed. Arid w/zereas from the representation of the regents of the
said university, it appears there are defects in the constitution of the
said university which call for alterations and amendments. And 'w/zereas
a number of acts on the same subject amending correcting and altering
former ones, tend to render the same less intelligible and easly to be
understood. T/V/zereof to the end, that the constitution of the said uni-
versity may be properly amended and appear entire in one law, it will
be expedient, to delineate and establish the same in this, and repeal all
former acts relative thereto.
Be it enacted by t/ze Peeyit'e of t/ze State of New York. represented in
Senate and Assembly, and it is bereby enacted by t/ze azzt/zorizjr of tbe same,
That an university be, and is hereby instituted within this State, to be
called and known by the name or style of the regents of the university
of the State of New York. That the said regents shall always be twenty
one in number, of which the governor and lieutenant governor of the
State for the time being, shall always in virtue of their ofﬁces be two.
That the governor and lieutenant governor, and john Rodgers, Egbert
Benson, Philip Schuyler, Ezra L’Hommedieu, Nathan Carr, Peter Syl-
vester, john jay, Dirck Romeyn, james Livingston, Ebenezer Russel,
Lewis Morris, Mathew Clarkson, Benjamin Moore, Eliardus Westerlo,
CHAP. 82.] TENTH SESSION.
525
Andrew King, William Lynn, jonathan G. Thompkins, john McDonald
and Frederick William De Steuben, shall be, and hereby are appointed
the present regents, and that they, and all the future regents, shall con-
tinue in place during the pleasure of the legislature. That all vacancies
in the regency which may happen by death or removal or resignation
shall from time to time be Supplied by the legislature in the manner in
which delegates to Congress are appointed. That the said regents as
soon as may be after the passing of this act, shall convene at such time
and place as the governor shall appoint and by plurality of voices by
ballot choose a chancellor and vice chancellor to continue in ofﬁce dur-
ing the pleasure Of the said regents. That the said chancellor, or in his
absence from the Said meeting, the vice chancellor, or in case both be
absent, then the senior regent present (and whose seniority, shall be
decided by the order in which the regents are named or appointed) shall
preside, and in case of division have a casting voice at all meetings of
the said regents. That all meetings of the said regents, after the ﬁrst,
shall be held at such time and place as the chancellor, or in case of his
death, absence from the State, or resignation, the vice chancellor, or in
case of the death, absence from the State or resignation of both of them,
then at such time and place as the senior regent present in the State shall
appoint. 'And it shall be the duty of the chancellor, vice chancellor or
senior regent, as the case in virtue of the above contingencies may be, to
order and call a meeting of the said regents, whenever and as often as three
regents shall in writing apply for and request; the same; such order or
call to be published in one or more of the public news papers in the city
of New York, at least ten days prior to such meeting. Andfzzrt/zer that
any eight of the said regents meeting at the time and place so ordered,
shall be a quorum, and be enabled to transact and do the business, which
by this act they shall be authorized or directed to do and transact. That
the said university shall be and hereby is incorporated, and shall be
known by the name of The regents of the university of the State of New
York, and by that name shall have perpetual succession and power to
sue and be sued, to hold property real and personal, to the amount of
the annual income of forty thousand bushels of wheat, to buy and to
sell, and otherwise lawfully dispose of lands and chattels, to make and
use a common seal, and to alter the same at pleasure.
And be it fart/ter enacted by t/ze az/t/zority aforesaid, That the said
corporation shall appoint by ballot, a treasurer and a secretary, to con-
tinue in ofﬁce during the pleasure of the corporation. That the treas-
urer shall keep fair and true accounts of all monies by him received and
paid out, and that the secretary shall keep a fair journal of- the meetings
and proceedings of the corporation, in which the yeas and nays on all
questions shall be entered, if required by any one of the regents present.
And to all the books and papers of the corporation every regent Shall
always have access, and be permitted to take copies of them.
And be it fart/zer enacted by t/ze azct/zority aforesaid, That it shall and
may be lawful to and for the said regents, and they are hereby author-
ized and required, to visit and inspect all the colleges academies and
schools which are or may be established in this State, examine into the
state and system of education and discipline therein, and make a yearly
report thereof to the legislature; and also to visit every college in this
State once a year by themselves or by their committees, and yearly to
report the state of the same to the legislature; and to make such bye
laws and ordinances, not inconsistent with the constitution and laws of
the State as they may judge most expedient for the accomplishment of
the trust hereby reposed in them. And in case the trustees of the said
Vacancies .
Organiza—
tion of '
board.
Treasurer ‘
and secre-
tary to be
elected.
Regents to
inspect
colleges
and acade-
mies .
CD
LAWS OF NEW YORK. [CHAR 82.
Honorary
degrees
may be
conferred.
Funds to
be applied
for promo-
tion of
literature.
Annual
meetings.
Incorpora—
tion of
colleges.
Columbia
college.
colleges or any of them shall leave the ofﬁce of president of the college,
or the trustees of any academy shall leave the office or place of principal
of the academy vacant, for the space of one year, it shall in all such
cases be lawful for the regents, unless a reasonable cause shall be assigned
for such delay, to their satisfaction. to ﬁll up such vacancies, and the
persons by them appointed, shall continue in ofﬁce during the pleasure
of the regents, and shall respectively be received by the college or acad-
emy, to which they may be appointed, and shall have all the powers, and
exactly the same salary, emoluments and privileges, as his next immedi-
ate predecessor in ofﬁce enjoyed, if any predecessor he had; if not, then
such salary, as the regents shall direct, to be paid by the trustees, who
shall, out of the funds or estate of their college or academy, be compel-
lable by the said president or principal to pay the same.
A no’ be if fzirZ/zer ezzaeied 19/ Me aaf/zorizj) aforesaid, That the said
regents shall have the right of conferring by diplomas’ under their com-
mon seal, on any person or persons whom they may think worthy thereof,
all such degree or degrees, above or beyond those of bachelor or master
of arts, as are known to and usually granted by any university or col-
lege in Europe.
And be ii‘ fzeri/ier enacted [91 z‘/ze aaZ/zori/y aforesaid, That it shall
and may be lawful, to and for the said regents, from time to time, to
apply such part of their estate and funds in such manner as they may
think most conducive to the promotion of literature and the advance-
ment of useful knowledge within this State. Prooided always, that where
grants shall be made to them, for certain uses and purposes therein
expressed and declared, the same shall not be applied, either in the
whole or in part, to any other uses. ,
A ad a: if far/ﬁe," eizarz‘ed a)’ Mre azzf/zorizj' aforesaid, That the regents
shall annually meet on the second Thursday next after the senate and
assembly, at the annual session of the legislature, shall have formed a
quorum respectively, and at the assembly chamber, immediately after
the assembly shall have adjourned. That the said regents at suce meet-
ings, and all others, may adjourn from time to time, not exceeding ten
days at any one time. ‘
Arid 6e ii‘ fz/rZ/zer e/zae/ed oy t/ie azzi/iorizj/ aforesaid, That any citizen
or citizens, or bodies corporate, within this State, being minded to found
a college at any place within the same, he or they shall, in writing, make
known to the regents, the place where, the plan on which, and the funds
with which it is intended to found and provide for the same, and who
are proposed for the ﬁrst trustees; and in case the regents shall approve
thereof, then they shall declare their approbation by an instrument under
their common seal, and allow a convenient time for completing the same.
And if at the expiration of the said time it shall appear to the satisfac-
tion of the regents, that the said plan and propositions are fully exe-
cuted, then they shall, by act, under their common seal, declare, that
the said college, to be named as the founders shall signify, and with such
trustees, not exceeding twenty four, nor less than ten, as they shall name,
shall fortwith become incorporated, and shall have perpetual succes-
sion and enjoy all the corporate rights and privileges enjoyed by Colum-
bia college, herein after mentioned.
And a) it further erzaez‘ed oy t/ze aaZ/ioriijl aforesaid, That the charter
heretofore granted to the governors of the college of the province 'of
New York, in the city of New York, in America, dated the thirty ﬁrst
day of October, in the year of our Lord one thousand seven hundred
and ﬁfty four, shall be, and hereby is fully and absolutely ratiﬁed and
conﬁrmed, in all respects, except that the college thereby established
CHAP. 82.] TENTH SESSION.
527
shall be henceforth called Columbia College. That the style of the said
corporation shall be the trustees of Columbia college in the city of New
York, and that no persons shall be trustees of the same in virtue
of any ofﬁces, characters or descriptions whatever; excepting also
such,clauses thereof, as require the taking of oaths and subscribing the
declaration therein mentioned; and which render a person inelligible
to the ofﬁce of president of the college on account of his religious
tenets, and prescribe a form of public prayer to be used in the said
college; and also excepting the clause thereof which provides, that the
bye laws and ordinances to be made in pursuance thereof, should not
be repugnant to the laws and statutes of that part of the kingdom of
Great Britain called England. Bxeepz‘ aZso, that in all cases where
ﬁfteen governors are required to constitute a quorum for the dispatch
of business, thirteen trustees shall be sufﬁcient. Providedairways, that
the bye laws and ordinances to be made by the trustees of the said
Columbia college shall not be contrary to the constitution and laws of
this State.
A 12d ﬁe iz‘farz‘ﬁer eizaez‘ed ﬁy i/ie aaZ/zorizj/ aforesaid, That James Duane,
Samuel Provost, John H. Livingston, Richard Varick, Alexander Ham-
ilton, John Mason, James Wilson, John Gano, Brockholst Livingston,
Robert Harpur, John Daniel Gross, Johan Christoff Kunze, \Valter
Livingston, Lewis A. Scott, Joseph Delaplaine, Leonard Lispenard,
Abraham Beach, John Lawrance, John Rutherford, Morgan Lewis,
John Cochran, Gershom Seixas, Charles McKnight, Thomas Jones,
Malachi Treat, Samuel Bard, Nicholas Romein, Benjamin Kissam and
Ebenezer Crossby shall be, and they are hereby constituted and declared
to be the present trustees of Columbia college in the city of New York,
and that when by the death or resignation or removal of any of the said
.trustees, the number of those trustees shall be reduced to twenty four,
then and from thenceforth the said twenty four trustees shall be, and
they hereby are declared and constituted trustees of the said Columbia
college in perpetual succession, according to the true intent and mean-
ing of the said charter; and all vacancies thereafter shall be supplied
in the manner thereby directed.
A/zd ﬁe i2‘ fari/zer e/zaez‘ed ﬁy z‘ﬁe aai/zoriiy aforesaid, That all and
singular the power authority rights privileges franchises and immunities
so heretofore granted to and vested in the said governors of the college
of the province of New York, in the city of New York in America, by
the said charter, excepting as before excepted, shall be, and the same
hereby are granted to, and vested in the trustees of Columbia college in
the city of New York, and their successors forever, as fully and effectu-
ally to all intents and purposes as if the same were herein particularly
speciﬁed and expressed ; and all and singular the lands, tenements,
hereditaments and real estate, goods, chattels, rents, annuities, monies,
books, and other property, whereof the said governors of the college of
the province of New York in the city of New York, in America, were
seized, possessed or entitled, under and in virtue of the said charter,
or with which the regents of the said university were invested under
or by virtue of the said acts, for the use or beneﬁt of the said Columbia
college shall be, and the same hereby are granted to, and vested in the
said trustees of Columbia college, in the city of New York, and their
successors forever, for the sole use and beneﬁt of the said college, and
it shall and may be lawful, to and for the said trustees and their suc-
cessors, to grant, bargain, sell, demise, improve and dispose of the same,
as to them shall seem meet; provided always, that the lands given and
granteb to the governors of the college of the province of New York
Trustees
of Colum-
bia college.
Powers of
trustees of
Columbia
college.
O"!
LAWS OF NEW YORK. [CHAP. 82.
_ Special
meetings
of trustees.
Incorpora-
tion of
academies.
in the city of New York, in America, by the corporation heretofore
styled, The rector and inhabitants of the city of New York in commu-
nion of the church of England as by law established, on part whereof
the said college is erected, shall not be granted for any greater estate,
or in any other manner, than is limited by the said charter. _
A7207 be it fart/ter eaaeted by t/ze aut/iorizfy aforesaid, That when any
special meeting of the trustees of the said college shall be deemed
necessary, it shall and may be lawful, to and for the senior trustee
of the said college then in the city of New York, and taking upon
himself the exercise of the ofﬁce (which seniority shall be deter-
mined according to the order in which the said trustees are named in
this act. and shall be elected hereafter) and he is hereby authorized and
required, on application for that purpose, in writing, under the hands
of any ﬁve or more of the said trustees, to appoint a time for such
special meeting, in some convenient place with the said the said* city,
and to cause due notice thereof to be given in the manner directed by
the said charter.
Arid 'w/iereas academies for the instruction of youth in the languages,
and other branches of useful learning have been erected and instituted
in different parts of this State, by the free and liberal benefactions of
corporations, as well as individuals; and the regents of the university
having represented, that the appointment and incorporation of trustees
for each of the said academies, with competent powers to manage the
funds already appropriated, and the donations which may be made to
such academies, and to superintend the morals and education of the
scholars, and the conduct of the principal, masters and teachers, would
greatly conduce to their security and prosperity. Therefore
Be it fzert/zer enaeted by Me az/t/zorizfy aforesaid, That upon the appli-
cation of the founders and benefactors of any academy, now or here-
after to be erected or established, within any of the cities or counties
of this State, or as many of them as shall have contributed more than
one half in value of the real and personal property and estate, collected
or appropriated for the use and beneﬁt thereof, by an instrument in
‘writing, under their hands and seals, to the regents of the university,
expressing their request that such academy should be incorporated, and
be subject to the visitation of the regents, nominating in such instru-
ment the trustees, not more than twenty four or less than twelve, for
such academy, and specifying the name by which the said trustees shall
be called and distinguished, and whenever any such request shall be
made to the said regents, they shall in every such case, if they conceive
such academy, calculated for the promotion of literature, by an instru-
ment under their common seal, signify their approbation of the incor-
poration of the trustees of such academy, named by the founders
thereof, by the name mentioned in and by their said request in writing;
which said request in writing, and instrument of approbation by the
said regents, shall be recorded in the secretary’s ofﬁce of the state.
And be it fart/ter enaeted by t/ze aut/zority aforesaid, That the trustees
so constituted, shall be the ﬁrst trustees for the academy for which they
shall be appointed, and immediately after recording the said request in
writing, and instrument of approbation, shall-be legally invested with
all the real and personal estate appertaining to such academy, or in any
wise given or granted for the use thereof ; and the said trustees from
the time of their appointment as aforesaid, and their successors forever
thereafter, shall be a body corporate and politick, in deed, fact and

Trustees of
academies.
powers and
duties.
* So in original.
CHAP. 82.] TENTH SESSION.
529
name, known and distinguished by the name and style to be expressed
in the said instrument; and by that name shall have perpetual succes-
sion, and be capable in the law to sue and be sued, and defend‘ and be
defended, in all courts, and in all causes, plaints, controversies, matters
and things whatsoever; and by the same name and style, they and their
successors shall lawfully hold, use and enjoy, the lands, tenements and
hereditaments, in any wise appertaining to the academy for which they
shall be constituted trustees; and shall and may lawfully have, take,
acquire, purchase and enjoy, lands, tenements and hereditaments, and
use and improve such goods and chattels, in such manner as they shall
judge to be most beneﬁcial for such academy; Provided that the annual
revenue or income arising from the real and personal estate of any such
academy, shall not exceed the value of four thousand bushels of wheat;
any law, usage or custom to the contrary notwithstanding.
And be it fart/ter enacted by t/ze ant/coritv aforesaid, That it shall and Id.
may be lawful to and for such trustees, and their successors forever, to
have and use a common seal, and the same to alter, break and make a
new one at their pleasure. And as often as any three or more of the
said trustees shall think ﬁt, and signify their request, the senior trustee
actually exercising his ofﬁce, and residing within three miles of such
academy, shall call a meeting of the said trustees, at such convenient
time and place as he shall appoint, not less than eight nor more than
twelve days from the time of such request, of which previous notice in
writing shall be afﬁxed on the door of the academy, and of the church
nearest thereto, within two days after such appointment; and at every
such meeting, the senior trustee shall preside; such seniority in all cases
to be determined according to the order of their nomination in the said
instrument, or according to the priority of election after all the ﬁrst
trustees shall become extinct: And the major part of such trustees
shall always be a sufﬁcient quorum to proceed on business, and shall
have full power and authority to adjourn from time to time, not exceed-
ing seven days at any one time, as the duties of their trust may require.
And it shall and may be lawful to, and for such quorum of the said
trustees, when assembled, and met in manner aforesaid, or the major
part of them, from time to time to appoint a treasurer and clerk, princi-
pal, masters, tutors, teachers and other necessary ofﬁcers; to ascertain
their respective salaries, and to remove and displace any of them at their
pleasure; and to make bye-laws for the admission, education, govern-
ment and discipline of the scholars or students, and the establishment
of the price or terms of tuition; for securing, revising and paying out
and disposing of the revenues, and in general for conducting and man-
aging the estate, business and affairs Of the said academy, and every
matter and thing relating thereto, in such manner as they shall judge to
be most conducive to its interest and prosperity, and the end of their
trust.
And in order to preserve the succession of trusees for the said acade-
mies respectively,
Be it fart/ter enacted by t/ze ant/zority aforesaid, That whenever aVacancies.
vacancy shall happen in any corporation of trustees, by the death, res-
ignation or refusal to act, of any trustee, it shall and may be lawful, to
and for the trustees of Such academy, and they are hereby authorized
and required, at any legal meeting of the trustees, to elect and choose a
ﬁt person to ﬁll up and supply such vacancy.
And for the greater encouragement of such academies, and to render
them more useful and respectable ;
VOL. 2.—67
530
LAWS OF NEW YORK. [CHAR 82.
Regents to
be visitors
of acade—
mies.
Admission
to Colum-
bia college.
Be it furz‘lzer e/zaez‘ed by ﬁre az/i/zoriiy aforesaid, That the regents of
the university shall be visitors of such academies, and the chancellor,
vice chancellor, or a committee of the regents, shall as often as they see
proper, visit such academies, to enquire‘into the state and progress of
literature therein.
And be it furl/ter eizaeled oy l/ze aaz‘lzorizy aforesaid, That when any
scholar who shall be educated at any of the said academies, on due
examination by the president and professors of Columbia college, or
any other college subject to the visitation of the said regents, shall be
_ found competent in the judgment of the said president and professors,
Id.
Colleges,
when acad-
emies ma
be erecte
into.
President
and pro-
f essors ,
eligibility,
etc.
Same per-
son cannot
act as
agent and
trustee.
to enter into the sophimore, junior .or senior classes of such colleges
respectively, such scholar shall be entitled to an admission into such of
the said classes, for which he shall be so adjudged competent, and shall
be admitted accordingly, at any one of the quarterly examinations of
such respective classes. Provided always,
And 6e it further enaez‘ed by the aal/zorily aforesaid, That to entitle
the scholars of any such academy to the privileges aforesaid, the trustees
thereof shall lay before the regents of the said university, from time
time, the plan or system proposed to be adopted for the education of
the students in each of the said academies respectively, in order that
the same may be revised and examined by the said regents, and by them
be altered or amended, or approved and conﬁrmed, as they shall judge
roper.
P Area’ ﬁe it fZlff/lé’l' enaez‘ed by ﬁle aal/zorily aforesaid, That whenever it
shall appear to the said regents, that the state of literature in any acad-
emy is so far advanced, and the funds will admit thereof, that it may be
expedient that apresident be appointed for such academy; the said
regents shall in such'case, signify their approbation thereof under their
common seal, which being entered of record as aforesaid, shall authorize
the trustees of such academy to elect a president, who shall have, hold
and enjoy, all the powers that the president of any college, recognized
by this act, shall or may lawfully have, hold and enjoy; and such
academy thereafter, instead of being called an academy, shall be called
and known by the same name it was called while it was an academy,
except that the word college shall be used in all cases instead of the
word academy; and be subject to the like rules, regulations, controul
and visitation of the regents, as other colleges mentioned in this act.
And a; it fart/zer enaez‘ed [2y z‘lze aut/zoriz‘y aforesaid, That no presi-
dent or professor shall be ineligible for or by reason of any religious
tenet or tenets that he may or shall profess; or be compelled by any law,
or otherwise, to take any test oath whatsoever; and no professor or tutor
of any college or academy recognized by this act, shall be a trustee of
any such college or academy, nor shall any president of any college, or
principal of any academy, who shall be a trustee, have a vote in any
case relating to his own salary or emoluments, nor shall any trustee,
president, principal, tutor, fellow or other ofﬁcer, of any college or
academy, be a regent of the university.
And oe iz‘ farl/zer ezzaez‘ed oy z‘lze aaz‘lzoriz‘y aforesaid, That whenever
any person, now or hereafter appointed a trustee of any college or
academy, shall be appointed or elected a regent of the university, and
whenever any person being a regent of the university, shall be appointed
or elected a trustee of any college or academy, such person so appointed
or elected shall on due notice thereof decide and elect in which of the
said places he will serve, and by writing under his hand shall make
known such election, whether of refusal or acceptance, to those lg
whom he was elected, to the end, that such appointment may take effect,
‘CHAP. 83.] TENTH SESSION.
531
in case he accept it, or that they proceed to a new appointment, in case
he refuse it.
And ﬁe iz‘fart/zer enaez‘ed ﬁy z‘lze aza/zorizj/ aforesaid, That the act enti- Acts
tled “An act for granting certain privileges to the college heretofore
called Kings college, for altering the name and charter thereof, and
erecting an university within this State,” passed the rst day of May
1784,” and the act entitled “An act to amend an act, entitled “An act
for granting certain privileges to the college heretofore called Kings
college, for altering the name and charter thereof, and erecting an uni-
versity within this State,” passed the 26th day of November, 1784,” be,
and they are hereby severally repealed.
CHAP. 83.
AN ACT acceding to the act of Congress of the second day of
August, one thousand seven hundred and eighty six.
PASSED the 13th of April, 1787.
recited
repealed.
WHEREAs the United States in Congress assembled, in and by their Preamble,
act of the second day of- August one thousand seven hundred and eighty
six, have made a requisition on this State, for the sum of one hundred
and eighty ﬁve thousand, ﬁve hundred and sixty seven dollars, to be
paid into the treasury of the United States, in specie, and likewise the
further sum of one hundred and thirty seven thousand, four hundred
and thirty four dollars, to be paid in indents of interest, on’ loan ofﬁce
certiﬁcates, and upon other certiﬁcates of the liquidated debt of the
United States. Therefore,
Be it enacted ﬁy i/ze People of t/ze State of New York, represented in
Senate and Assemﬁly, and it is hereﬁy enacted ﬁy Z/ze autﬁorizfy of tile same,
That it shall be lawful for the treasurer of this State. and he is hereby
required, to pay to the Continental loan ofﬁcer within this State, or to
the order of the United States in Congress assembled, the aforesaid sum
of one hundred and eighty ﬁve thousand, ﬁve hundred and sixty seven
dollars, and also the further sum of one hundred and thirty seven thous-
and, four hundred and thirty four dollars, in certiﬁcates issued, or to be
issued, in payment of the interest of the domestic debt of the United
States, agreeable to the requisition of Congress of the second day of
August, one thousand seven hundred and eighty six.
Provided nez/ertlzeless, that it shall be lawful for the said treasurer, and
he is hereby required to deduct out of the aforesaid sum of one hundred
and eighty ﬁve thousand, ﬁve hundred and sixty seven dollars, so to be
paid into the treasury of the United States as aforesaid, the sum of
twenty nine thousand three hundred and three dollars and twenty four
ninetieths of a dollar, being the ballance due to this State, for monies
overpaid on former requisitions of the thirtieth of October one thousand
seven hundred and eighty one, and subsequent thereto; together with
all such sum or sums as shall be paid on or before the ﬁrst day of June
next, for the pensions of invalids who are inhabitants of this State, and
all such sum or sums of money as the said treasurer shall on or before
Treasurer
to pay
moneys time,
Unite "
States.
the ﬁrst day of July next pay out of the treasury of this State in pur- -
suance of an act entitled “An act making provision for ofﬁcers, soldiers
and seamen, who have been disabled in the service of the United
States.”
I532 LAWS or NEW YORK. [CHAR s3.
ﬁggtgilplts of And be it fart/zer erzaeted by the aat/zority aforesaid, That of the monies-
howapi’ now in the treasury of this State, or which shall hereafter come into the
Plied- same, for any duties or taxes heretofore imposed or laid, or hereafter to
be imposed or laid, and which may not have been already othenvige
appropriated, or so much thereof as may be necessary, shall be applied
by the treasurer, and he is hereby required to apply and pay the same,
in manner following, that i to say, so much thereof as shall be requisite
\aAVk/A
for that purpose, shall in the ﬁrst place be applied, to the payment of
the civil list and contingent expences of this State, as the same may be
hereafter speciﬁed and provided for; and out of the residue thereof a
sum sufﬁcient to discharge one half the amount of the requisition afore-
said, after such deduction thereout as aforesaid, shall, as soon as the
same shall come into the treasury, be applied towards the payment of
the said requisition; and the remaining half of the amount of the
requisition aforesaid, shall be paid out of any monies which shall remain
or come into the treasury, and be unappropriated at the adjournment
of the legislature, at their present session.
Loan ofﬁce And be it fart/ter erzaeted by t/ze aat/zorizj» aforesaid, That the said
certiﬁcates _ - - . - ~ . ~
to be trans- treasurer, shall, from time to time transmit to the Contnental loan officer
alggtffl ‘10 within this State, all such loan ofﬁce certiﬁcates issued out of the said
nentalloan loan ofﬁce, as now are, or hereafter from time to time, shall come into
ofﬁcer’ his hands, and all other certiﬁcates of the liquidated debts of the United
States, which by any law of this State, are, or may be receivable in the
treasury, and have the interest settled and certiﬁed, agreeable to the
directions of the aforesaid act of the United States, in Congress assem-
bled, of the second day of August, one thousand seven hundred and
eighty six. ‘And that the said treasurer shall also transmit all such loan
ofﬁce certiﬁcates as have been issued out of the loan ofﬁces of any other
of the United States, and which now are, or may hereafter from time to‘
time come into his hands, to the loan ofﬁcers from which such loan
ofﬁce certiﬁcates respectively issued, and have the interest settled and
certiﬁed as by the said act ‘of Congress is directed; and the interest due
on all such loan ofﬁce certiﬁcates as aforesaid, and upon all other certiﬁ-
cates of the liquidated debts of the United States, so settled and certi-
ﬁed as aforesaid, shall pay towards the discharge of - the aforesaid sum
of one hundred and thirty seven thousand, four hundred and thirty four
dollars, so to be paid into the treasury of the United States as aforesaid.
And for preventing the depreciation of certiﬁcates to be issued in pur-
suance of the said act of Congress, of the second day of August one
thousand seven hundred and eighty six.
Ifsuﬁ‘icient Be it fart/ter e/zaeted by Me az/t/zoritv aforesaid, That if on the ﬁrst
ggffgilgégtgg day of july, one thousand seven hundred and eighty seven, certiﬁcates
285%? so to be issued as aforesaid, to the amount of the said sum of one hundred
balancbto and thirty seven thousand, four hundred and thirty four dollars, shall
Egeléfléfim not be in the hands of the treasurer of this State, or shall not by him,
before that time, be paid to the Continental loan ofﬁcer within this
State, or to the order of the United States in Congress assembled, the
deﬁciency shall be paid into the Continental treasury, or to the order of
the United States in Congress assembled, in specie, by the treasurer of
this State, out of any monies which may be in the treasury.
CHAP. 84.] TENTH SESSION. 533
CHAP. 84.
AN ACT to remove certain obstructions in tne navigation of
Hudsons river.
Passzcn the 13th of April, 1787.
WHEREAS it has been represented to the legislature, that it is neces~ Preamble.
sary, that certain obstructions in the navigation of Hudsons river should '
be removed. Therefore,
Be 2'! e/zarz‘e/z’ by Z/ze Peaple 0f [/26 Sz‘rzz‘r? of .New Var/e, 7’6’191'686771'667 2'72 Tonnage
5.612412? all/17 AMY/126411, (Z7207 2.2‘ 20.5‘ [If’l'K/LV (jjﬂffgd 17/1! [/15 [lg/[6017.332 (if {/15 Vega/g, giélxs (3352??
That every vessel, of the burthen of ten tons or upwards, which shall ing the
from and after the ﬁfteenth day of May next, cross the bar in the said verslagh‘
river, about three miles below the city of Albany, commonly called the
'Overslagh, in ascending the said river, shall pay a tonnage of three-
pence for every ton such vessel shall measure. as often as such vessel
shall cross the said bar in ascending the said river. Prat/dad, that no
scow shall be subject to the payment of such tonnage.
A 1m’ he 2'! fm'Z/zer e/zarz‘ezi éy f/ze auZ/zarz'zj/ afar/maid, That it shall and Mayor,etc.,
may be lawful to and for the mayor, aldermen and commonalty of the $1,533,,
city of Albany, in common council convened, from time to time, and as C'Plllmis- d
often as they shall deem it necessary, to appoint one or more commis- 21233150”
sioner or commissioners not exceeding three, and a clerk, for the pur- Sgirsrlégtut
poses herein after mentioned. That the Said commissioner or com- '
missioners shall not receive any fee or reward, for any service to be
performed by him or them, in pursuance of this act.
A 120’ he 2'! furl/m" e/zrzrz‘m’ éy Z/ze azzZ/zorz'ty aforesaid, That every master, Account to
or person having the command of any vessel, shall within two days after 3?, Egg,
such vessel shall have crossed the said bar, in ascending the said river, measure-
. . . - ment of
make report to the said clerk of the dimensions of such vessel, which vessels,
report the said clerk shall enter in a book, to be kept by him for that
purpose; and if any master or person having the command of such
vessel, shall make a report, which such clerk shall have reason to believe
is fraudulent, it shall and may be lawful to and for such clerk, to cause
a ﬁt person to survey and take the exact dimensions of such vessel, and
compute her tonnage in the manner following, that is to say, three ﬁfths
of the beam to be deducted from the length of the maindeck, the remain-
der multiplied by the breadth of the beam, that sum multiplied by half
the breadth of the beam for the depth of the hold, that divided by ninety
ﬁve to be deemed the contents of the vessel in tons; but if such vessel
shall be a single decked vessel, to multiply her length and breadth by
her depth in the hold from skin to skin, and divide the same by ninety
ﬁve as aforesaid; and if upon such survey and calculation, it shall
appear that the number of tons contained in such vessel exceed the
tons mentioned in such report, the master or person having the com-
mand of such vessel, shall be subject to the payment of the sum of ﬁve
shillings, for every ton which the tonnage of such vessel, shall exceed
the number of tons mentioned in such report; and that if any master
or person having the command of any vessel, crossing the said bar in
ascending the said river as aforesaid, shall neglect or refuse to make
such report, within the time for that purpose herein before limited,
every such master or person, having the command of such vessel, shall
forfeit for every such neglect or refusal, the sum of thirty shillings.
LAWS or NEW YORK. [CHAR 84.
Provided, that no person shall be compelled to make report of the
contents of any vessel more than once in any year, such year to be com-
puted to commence from the ﬁrst day of March in every year, but shall
nevertheless, make report of the arrival of such vessel, as often as such
vessel shall cross the said bar.
And be it furl/zer enacted by l/ze aui/zoriiy aforesaid, That the said ton—
nage, shall be paid to such clerk within three days after any vessel, sub—
ject to the payment of tonnage, shall have crossed the said bar; and
that if any person, subject to the payment of the said tonnage, shall
neglect or refuse to pay the same longer than the time for that purpose
herein before limited, he shall forfeit the sum of three pounds for every
such neglect or refusal.
And be ii‘ fari/zer eizaez‘ed by Me auz‘lzorizy aforesaid, That all forfeit-
ures to be incurred for neglect or refusal, of any matter or thing required
by this act, shall and may be recovered in an action of debt with costs,
by and in the name of such clerk, before the mayor, recorder or any
one of the aldermen of the city of Albany, or any justice of the peace,
of any county in this State, and shall be paid and applied in like man-
ner, as the product of the said tonnage, is herein directed to be paid
and applied.
And be ii‘ farz‘ber e/zaeied by Me azii/zorii‘y aforesaid, That the clerk to
be appointed as aforesaid shall, previous to his performing any of the
duties enjoined on him by this act, take an oath before the mayor,
recorder or any one of the aldermen of the city of Albany, well, faith-
fully and impartially to execute the duties required of him by this act,
according to the best of his knowledge and abilities; and shall enter
into a recognizance, before such mayor or recorder, to the chamberlain
of the said city of Albany, in the sum of ﬁve hundred pounds, with one
sufﬁcient surety in the sum of two hundred and ﬁfty pounds, condi-
tioned, that the said clerk will faithfully and impartially execute the
duties required of him by this act, according to the best of his knowl-
edge and abilities.
And be iz‘farl/zer ezzaez‘ed by i/ze aaz‘borizj' aforesaid, That if any master
or person, having the command of any vessel, subject to such tonnage,
shall, with intent to evade the payment of the said tonnage hereby
imposed on such vessel, sail from any part of the said river, above the
said bar, to any part of the said river below the said bar, without hav—
ing paid the said tonnage, every master or person having the command
of such vessel, shall for every such offence, forfeit the further sum of
ten pounds.
And be itfari‘lzer eizaez‘ed by l/ze aal/iorily aforesaid, That the said clerk,
shall be allowed for his services, a sum not exceeding ten per cent on
all monies, actually received by him, for and on account of the said
tonnage, to be retained out of the monies to be raised and collected by
virtue of this act; and that the residue of the monies, arising from the
said tonnage hereby imposed, shall from time to time be paid to the
commissioners to be appointed as aforesaid, to be by them applied for
the purpose of removing any obstructions in the navigation of the said
river, within fourteen miles of and below the city of Albany, in such
manner, as to them or amajor part of them, shall in their discretion
appear ﬁt and most effectual to remove such obstructions.
And be iz‘fziri/zer enacted by ﬁle aaz‘boriz‘y aforesaid, That the said com-
missioners, shall once in every year, render regular accounts of their
receipts and expenditures, in pursuance of the powers vested in them
in and by this act, to the mayor, aldermen and commonalty of the city
of Albany, in common council convened.
CHAP. 85.] TENTH sEssioN. " 535
A ad ﬁe itfuri/zer enacted ﬁy i/ze aui/zorii‘y aforesaid, That every vessel Exemption
crossing the bar aforesaid, upon the return of such vessel from any place Egg"; below the said bar, to which such vessel shall have been conveyed for
the purpose of careening only, and every vessel laden with wood or
stone, or crossing the said bar, to take in part of her lading, to be con-
veyed to New York, shall be exempted from the payment of the ton-
nage aforesaid, upon crossing the said bar in ascending the said river.
Provided that it shall be made to appear to the clerk, that such vessel
was carried across the said bar, down the said river, for either of the pur-
poses aforesaid, and for and with no other intent or purpose whatsoever.
A/zd ﬁe itfari/zer enacted ﬁy t/ze aai/zoriz‘y aforesaid, That this act shall Time act to
remain in force, for the term of ﬁve years and no longer. ‘commune’
CHAP. 85.
AN ACT to vest the estate of Richard Maitland deceased, in
trustees for the payment of his debts.
PASSED the 14th of April, 1787.
WHEREAS by the petition of Ann McAdam of the city of New York Preamble.
widow of William McAdam deceased, Margaret Ogilvie, widow of John
Ogilvie deceased, and Judith Bruce, widow of William Bruce deceased,
it hath been represented to the legislature, that Richard Maitland,
deceased, was in his life time seized and possessed, of a considerable
real and personal estate, in the State of New York; that the said
Richard Maitland, in and by his last will and testament, bearing date
the sixteenth day of February, in the year of our Lord, one thousand
seven hundred and seventy one, did give, devise and bequeath, all his
estate, both real and personal, to his two natural sons, Richard and
Peter, children of Mary McAdam, and to the said Mary McAdam and
the child of which she was then pregnant, and their heirs, executors,
administrators and assigns respectively, equally to be divided among
them, share and share alike : That the said Richard Maitland, in and
by his said last will and testament, did request, authorize and impower,
his executors therein named, or such of them as should take upon them
the execution of his said will, to manage, govern and direct his estate,
in such manner as they, or the major part of them, should think most
for the advantage of his devisees. And in case his executors, or such
of them, as should take upon them the execution of his said will, or
the major part of them, should think ﬁt or esteem it, for the beneﬁt of
his devisees, he did by his said will desire, authorize and impower his
said executors, and the survivors and survivor of them, who would at
any time take upon them the execution of his said will, to grant, bar—
gain and sell all or any part or parts of his real estate ; and of his said
will did appoint Alexander Maitland, and the said \Villiam McAdam,
John Ogilvie and William Bruce deceased, the respective husbands of
the petitioners; and Thomas Moncrief, and the survivors and survivor
of them, to be executors or executor. That after making the same will,
the said Mary McAdam had issue, one other son named John, and that
soon thereafter she was intermarried with the said Richard Maitland
and had issue another son named James, who was born after the decease
of the said Richard Maitland. That the said Richard Maitland died
sometime in the year one thousand seven hundred and seventy two,
Iand that the said William McAdam, John Ogilvie, and \Villiam Bruce,
536
LAWS OF NEW YORK. [CHAP. 85.
Estate of
Richard
Maitland,
deceased,
vested in
trustees
for pur-
poses
named.
proved his will, and took upon themselves the execution thereof, but
that the said Alexander Maitland and Thomas Moncrieff never became
acting executors thereof; that the said Richard Maitland was, in his
life time, indebted to Sampson Simson, and Solomon Simpson respect-
ively, in very considerable sums of money; and that the respective
husbands of the petitioners, together with the said Thomas Moncrieff,
became jointly and severally bound for the payment thereof, by two '
several bonds, executed by them to the said Sampson Simson and Solo-
mon Simson respectively, which monies are still due; that the said
Richard Maitland was, at the time of his death, also indebted to the
said \Villiam McAdam deceased, in very considerable sums of money,
and that after the death of the said Richard Maitland, other sums of
money were paid and advanced by the said \Yilliam l\"'lcAdam, in his
life time, for the estate of the said Richard Maitland deceased ; part of
all which monies are unpaid, and due to the petitioner Ann McAdam,
as sole legatee and executrix of the last will and testament of the said
\Villiam McAdam deceased. And that the said Richard Maitland was,
in his life time, also indebted to other persons, all which sums of money,
are also yet due and unpaid; that the said \Villiam McAdam, john
Ogilvie and \Villiam Bruce are dead; and that the said Alexander
Maitland, resides in that part of Great Britain, called England; and
the said Thomas Moncrieff in Halifax, or some other part of the British
Dominions ; and have never taken upon themselves the executorship of
the will of the said Richard Maitland deceased. That all the children
of the said Richard Maitland deceased, are infants, and that the two
eldest reside in that part of Great Britain called England, and the two
youngest in the State of New jersey; that by reason of the death of
the said William McAdam, john Ogilvie and William Bruce, and the
absence of the other executors aforesaid, the estate of the said Richard
Maitland deceased, cannot be sold and disposed of, for the payment of
his debts, and the maintenance and support of his widow and children,
in the manner directed by his will; and thereupon praying, that the
estates, both real and personal, of the said Richard Maitland deceased,
may be by law, vested in trustees, and that the whole or such part thereof,
as may be necessary for those purposes, may be directed to be sold, as
well for the payment of the debts due therefrom, as for the maintenance
and education of the children of the said Richard Maitland deceased.
And the prayer of the said petitioner, appearing to be just and reason-
able, Therefore
Be it enacted by t/ze People of tbe State of New York, represented in
Senate and Assembly, and it is bereby enacted by t/ze ant/torily of tbe same,
That all the estate, real and personal, of the said Richard Maitland
deceased, shall at and immediately after the passing of this act, be, and
the same is hereby vested in trustees, to wit, Daniel McCormick, Wil-
liam Cockburn and Richard Varick, their heirs and assigns; who are
hereby authorized and impowered, as soon as may be convenient, to sell
and dispose of, all or'so much of the same real and personal estate, of
the said Richard Maitland deceased, as they may deem sufﬁcient, to
pay and discharge the debts due therefrom; at such time and times, in
such manner to such person or persons, and for such sum or sums of
money, as they the said trustees or the survivors or survivor of them, or
the heirs of such survivor, shall deem most conducive to the interest of
the devisees, of the said Richard Maitland deceased, and their repre-
sentatives; and to seal execute and deliver, good and sufﬁcient deeds
and conveyances, to the purchaser or purchasers of such real estate;
which sale, or sales, so made, and the deeds and conveyances for the
CHAP. 85.] TE‘NTH SESSION.
537
same, by the said trustees, or the survivors or survivor of them, or the
heirs of such survivor, are hereby declared to be good and effectual, to all
intents and purposes, in law and equity, to vest in such purchaser or
purchasers, the whole estate, right, title, property and interest, which
the said Richard Maitland deceased, had in such real estate, and every
part thereof, at the time of his death.
Aim’ [re 2'! fI/rZ/zer e/mez‘eo’ by 272:? ozzf/zorz'ty aforesaid, That the said
trustees, and the survivors and survivor of them, and the heirs, execu-
tors and administrators of such survivor, and every of them, are hereby
authorized, impowered and required, (in case it shall become necessary)
in their own names, to bring one or more suit or Suits in law or equity,
as the case may require, for any part or parts of the real or personal
estate of, or debts due to the said Richard Maitland deceased, or to his
executors aforesaid, or any of them, for and in behalf of the estate of
the said Richard Maitland deceased.
And be fz/rf/zer e/zeze/eo’ by Me az/Morz'z‘y aforesaid, That after the
said truste&, and the survivors and survivor of them, shall have pro-
ceeded to convert all the estate, real and personal, of the said Richard
Maitland deceased, or so much thereof, as they or he shall deem sufﬁ-
cient to pay and discharge the debts due therefrom, into money, and
shall have collected the debts, due to the same estate, they or the sur-
vivors or survivor of them, or the heirs, executors or administrators of
such survivor, shall at some time after the expiration of two years, and
within two years and six months after the passing of this act, cause to
be published in two of the public newspapers printed in the city of New
York, for four weeks at the least successively, a notiﬁcation of a time
and place, in the said city, at which the said trustees or any two of them,
or the survivors or survivor of them, intend to meet, to make a dividend
or distribution among the creditors; and thereby requiring all persons,
having demands against the estate of the said Richard Maitland deceased,
to produce their accounts to the said trustees; and to prove such of
their respective demands, as have not been before presented and proved.
That thereupon, previous to any dividend, debts due to the people of
this State, for taxes and quit rents, shall be ﬁrst paid; then all costs of
suit, and such other charges, expences and disbursements, as shall be
necessarily expended by the said trustees, and the allowance herein after
made to the trustees, for their care and trouble, shall be ﬁrst paid: That
said trustees or any two of them, or the survivors or Survivor of them,
shall then, at the said meeting, and other subsequent meetings to be
continued by adjournments, if necessary, forthwith cause a dividend or
distribution to be made of all the monies which shall have come to his
or their hands, as trustees of the estate and effects of the said Richard
h’laitland deceased, among such of the creditors, as shall have then pre-
sented and duly proved, their demands. But if the said monies, shall
be insufﬁcient, to pay to the creditors their whole demands, then to pay
to them respectively, an equal part in proportion to the debts due to
them respectively, without any preference to bonds or other sealed
instruments. A/zd furf/zer, that if any creditor or creditors, shall neg-
lect or refuse to present and prove his, her or their demand, until after
a dividend shall have been made of the monies and effects, in the hands
of the Said trustees, or the survivors or survivor of them, such creditor
or creditors, shall not be entitled to any dividend, and the whole monies
in hand to be divided, shall be divided among the other creditors.
Aim’ oe z'z‘ fz/rf/zer eizarfed a); Z/ze az/Z/zorz'g/ aforesaid, That in case the
monies to be raised by the sale of the real estate, and recovery of the
debts due the estate of the said Richard Maitland, shall be insufﬁcient
VOL. 2. — 68
Trustees
empow-
ered to sue
to recover
estate.
Applica-
tion of
moneys re-
ceived by
trustees.
538
LAWS OF NEW YORK. [CHAR 85.
Compensa-
tion of
trustees.
Overplus,
how dis—
posed of.
Trustees
to ﬁle bond
in chancery
Trustees,
how ac-
countable
for acts.
to pay the whole demands of all the creditors, the said trustees or the
survivors or survivor of them, shall proceed to a sale of the remainder
of the real estate, of the said Richard Maitland deceased, in manner
above directed; and that the second dividend of the monies, arising
from such sale, shall take place within three years and six months from
the passing of this act; on the like previous notice being published in
two of the public newspapers as aforesaid. And in case an Y creditor or
creditors respectively, shall present and duly prove, to the trustees afore-
said, or any two of them, or the survivors or survivor of them, his, her
or their debt, or demand, as aforesaid, before the time appointed for
such second dividend, then such creditor or creditors, shall have his,
her or their ﬁrst dividend, or so much money, as he, she or they would
otherwise have been entitled to in the ﬁrst division, before any second
division shall be made.
And be if fart/{er e/zaez‘ed by i/ze aui/zoriz‘y aforesaid, That the said
trustees, and the survivors and survivor of them, shall be lallowed and
shall and may retain in his or their hands, for his or tl%ir care and
trouble, and the services to be performed by them, the sum of ﬁve per
cent on all the monies which shall come to their hands by virtue of this
act, before each dividend made, over and above all such costs of suit,
charges, expences and disbursements. as shall be necessarily laid out,
and expended in the premises aforesaid.
And be if fari/zer e/zaez‘ed‘ by z‘be aai/zorizjr aforesaid, That if there
shall remain any real or personal estate, after the payment-of the debts
due from the estate of the said Richard Maitland deceased, as afore-
said, that then the same shall be to all intents and purposes, revested in
the devisees and legatees of the said Richard Maitland, and their law-
ful representatives, in the same manner, as the same was before the
passing of this act; any thing herein contained to the contrary notwith-
standing.
Aizd be if fz/rZ/zer e/zaez‘ed by Me azzz‘boriify aforesaid, That the said trus-
tees shall, before they exercise any of the powers to them hereby given,
respectively ﬁle in the court of chancery a bond to the register, or one
of the clerks of the said court, in such penalty, and with such surety and
sureties, as the chancellor shall think ﬁt; with a condition, that they
respectively will, well and faithfully discharge the trust vested in them
by this act, and render a just account of their disposition of the said
estate, when thereunto required.
And be iz‘fari/zer eizaez‘ed by f/ze aziZ/zorizfy aforesaid, That the said trus-
tees shall not, nor shall either of them, or the heirs executors or admin-
istrators of either of them, be answerable or accountable for any money
to be received, by virtue of, or under the trust hereby reposed in them,
any otherwise than each person for such sum and sums of money as he
or they shall respectively, actually receive, or give a receipt or receipts
for; and that no one of them shall be answerable, for the acts receipts,
neglects or defaults, of any other of them. Provided always, that this act
shall not be in force, but the same is hereby suspended, until the chancellor
upon examination of the facts and circumstances in the said petition set
forth, shall certify that this act may take effect, without prejudice to any
infant or feme covert, whom it may concern: and it shall be the duty of
the chancellor upon application to him by the said petitioners, or any
of them, to examine into the said facts and circumstances; and if it shall
appear to him that this act may take effect without prejudice to any of
the persons aforesaid, to certify the same, which certiﬁcate shall be
recorded in the secretary’s ofﬁce; whereupon this act shall be and
remain in full force.
CHAP. 86.] TENTH SESSION. 539
CHAP. 86.
AN ACT for the more effectual collection of the arrears of the
tax therein mentioned, and for the relief of persons improperly
taxed in the city and county of New York, and for other pur-
poses.
PASSED the 14th of April, 1787.
WHEREAS the mayor, aldermen and commonalty of the city of New Preamble.
York, in common council convened, have by their petition, represented
to the legislature, that sundry arrears of the taxes directed to be raised
in the city and county of New York, in and by the law of this State,
entitled “An act for raising one hundred thousand pounds, within the
several counties therein mentioned” are yet unpaid; and that divers
persons have been aggrieved, as they alledge, in the assessment thereof;
that the provisions made by the legislature for collecting those arrears
and redressing the grievance complained of, have hitherto proved inef-
fectual, principally by reason that those arrears were due either from
persons who resided in the out ward, the collector of which absconded
with his assessment role or tax book, and has not, ’till lately, put it in the
the power of common council, or from persons who, between the time
of assessment and collection departed the said city; that for hearing
and determining every claim to a reimbursement of the taxes improperly
assessed, a quorum of all the members, of the common council, is by
law made necessary; and that from the numerous complaints of injus-
tice, this duty cannot be discharged without great delay and injury to
the members of that board; and thereupon praying, that the legislature
will make further provision in the premises; the prayer of which said
petition appears to be reasonable. Therefore
Be ii‘ e/zaez‘ed ﬁy i/ze Peop/e of Z/ze Sz‘az‘e of N ew Yer/e, represented in Mayor,
Se/zaie a/zd Asseozﬁly, and ii is ﬁereﬁy e/zaez‘ed ﬁy i/ze aai/zorizjv of the same, em" to
That it shall may be lawful for the mayor, recorder and aldermen of the Zigéggrhint
said city, or the major part of them, of whom the mayor or recorder
always to be one, to meet together at such times and places, within the g'fta‘éscg’gn
said city, as they may think proper; and to examine the assessment of arrears
rolls and rate lists, made in pursuance of the same law, what sums of ggggefj,
money remain unpaid, by any of the freeholders, residents and inhabi-
tants within the several wards of the said city, of the same tax of one
hundred thousand pounds; and where they ﬁnd any sum or sums of
money uncollected, and the persons or estates charged with the same,
are sufﬁcient to pay the same, they shall issue their warrants to the col-
lectors, for the time being, of the same respective wards, in which such
sums remain unpaid, for the collection thereof: And the respective col-
lectors shall levy and collect, all such sums, and shall pay the same to
the treasurer or chamberlain of the said city, for the time being, at such
time as the said mayor, recorder and. aldermen in their said warrant
shall direct, to be applied in the manner hereinafter mentioned; after
deducting therefrom four pence in the pound, for his or their trouble,
in collecting the same.
And ﬁe it farzj/zer eaaez‘ed ﬁy' z‘ﬁe aaz‘ﬁoriiy aforesaid, That in all cases, Collectors
where .the collector of any ward in the said city, shall have received any ggé’tigmi"
part of the tax aforesaid, and not paid the same to the treasurer of this city “6118'
State, it shall be lawful for the treasurer or chamberlain of the said city, 35,133,353,
for the time being, to commence and prosecute to judgment and execu- beenmade'.
540
LAWS OF NEW YORK. [CHAR 86.
Mayor,
etc., to
examine
and deter-
mine what
estates are
exempt
from the
tax.
Inquest by
jury to
determine
exemption.
tion, a suit or suits, for the recovery thereof with costs, in his own name,
as treasurer or chamberlain of the said city, against such collector, his
executors or administrators, in an action on the case, for monies had
and received, for the use of the said city and county of New York; in
which suit it shall be sufﬁcient to set forth in the delaration, that the
collector is, or in his life time was, indebted to the said treasurer or
chamberlain, of the said city, in a certain sum, for so much money by
him, as collector of such ward, before that time had and received, for
the use of the said city and county; and being so thereof indebted,
promised to pay the same, to the said treasurer or chamberlain, when
required; without setting forth the special matter: And that no such
suit or action, shall be abated or discontinued, by the death, resigna-
tion or removal from ofﬁce, of any such treasurer or chamberlain, but
the same shall or may be prosecuted to effect, by the successor in ofﬁce.
And furl/Mr, that if any collector shall neglect the duty by this act
required of him, he shall be chargeable with the monies so directed to
be levied and collected, to be recovered by the treasurer or chamberlain
of the said city, for the time being, with costs, in manner aforesaid.
A m! [26 2'2‘ furZ/zer marred 12y f/ze az/f/zm'z'zj/ aforesaid, That it shall and
may be lawful for the said mayor, recorder and aldermen of the said
city, or any ﬁve or more of them, of whom the mayor or recorder always
to be one, to meet together, at such times and places within the said
city, as they may think proper; and to examine whether the estates real
or personal, of any, and which of the freeholders, residents or inhabi—
tants, within the several wards of the said city, were not within the
description of persons designed to be taxed by virtue of the said law; ‘
and if any person shall make proof to the satisfaction of the said mayor,
recorder and aldermen, or to the major part of them, who shall be so
met as aforesaid, of his, her or their being taxed, and not being within
the description of the persons designed to be taxed as aforesaid, and
that such person or persons hath, or have paid the same tax, to the col-
lector, they shall allow the same, and shall thereupon, by warrant under
their hands and seals, directed to the treasurer or chamberlain of the
said city, or the whole amount of the said sum so assessed and collected,
together with the interest of the same, from the time it was received by
the collector, to be paid to the person or persons, soimproperly taxed,
or his, her or their legal representative. And if any such tax, which by
the said mayor or recorder and aldermen so met, shall be adjudged to
have been improperly assessed, shall not have been collected, it shall
and may be lawful for the said mayor or recorder and aldermen, so met
as aforesaid, by warrant, or order under their hands and seals, to direct
the collector of the ward in which such tax shall remain to be collected,
to surcease from collecting the same. And fart/162', that if the monies
to be collected in virtue of this act, shall be insufﬁcient to pay all the
demands of the persons who shall be so as aforesaid adjudged to have
been improperly taxed, it shall be the duty of the said mayor, recorder
and aldermen, to order a rateable proportion of the monies so collected,
to be paid to the respective persons, who shall be adjudged to have been
improperly taxed as aforesaid.
And ﬁe z't furz‘lzer eizarz‘m’ fy Z/ze auZ/wrz'zj/ aforesaid, That if any per-
son, who shall conceive himself, or herself, not within the description of
persons liable to be taxed as aforesaid, shall be desirous of having a jury
to investigate the facts, suggested by him or her, it shall be lawful for
the said mayor or recorder and aldermen, on the application of the said
person, to issue a precept to the sheriff of the city and county of New
York, commanding him to summon twelve freemen or freeholders, of
can». 86.] TENTH SESSION. 541
the said city and county, to inquire into the facts so suggested by the
person so taxed as aforesaid, at a day and place in the same precept to
be mentioned: And the said sheriff with the persons so summoned by
him as aforesaid, Shall proceed to inquire into the facts suggested by
the person so taxed, and shall report the facts so found by them, under
their hands and seals, to the said mayor or recorder and aldermen; and
the said mayor or recorder and aldermen, shall determine upon the facts
reported to them, whether the said person was within the description of
persons liable to be taxed as aforesaid, or not; And in case he or she,
was not, they shall proceed to give him or her relief in manner afore-
said. And in case the persons so summoned, shall not attend at the time
and place appointed, in the precept aforesaid, the sheriff shall summon
them, to attend at some other day and place, giving the person so taxed,
two days notice of the same; and the same fees shall he allowed to the
sheriff and jurors, for the business done in pursuance of this act, as they
are allowed on other civil inquests, and shall be paid by the party who
applied for the inquest, in case he shall be within the description of
persons liable to be taxed, in virtue of the law aforesaid; and to be
recovered by the sheriff, in any court of record having cognizance of
the same: And in case he shall not be within the description of persons
liable to be taxed as aforesaid, then the costs shall be paid by him or
her, and he or she, shall have the same relief from the mayor, recorder
and aldermen, as is provided respecting the tax so paid by him or her
as aforesaid.
And oe z'z‘ fart/zer enacted oy Z/ze aat/zorz'z‘y aforesaid, That the treasurer Compensa-
or chamberlain of the said city, shall, and may retain in his own hands, 33253;,‘
the sum of two pence in the pound, and no more, for his trouble, in
receiving and paying out the monies, by this act directed to be collected.
A/zd farf/zer, that if any monies so to be collected as aforesaid, shall Applica-
remain in the hands of the same treasurer or_ chamberlain, after reim- 22,2858
bursing the persons improperly taxed as aforesaid, in manner aforesaid, collected~
it shall and may be lawful for the said mayor, recorder and aldermen,
and they are hereby required, to order the residue of the same monies
so to be collected as aforesaid, to be applied to the purchase of such
sum in certiﬁcates issued or to be issued by the treasurer of this State,
as shall amount in nominal Specie value, exclusive of interest, to the
amount of the arrears due from the city and county of New York, and
to pay the certiﬁcates so purchased, into the treasury of this State, on
or before the ﬁrst day of January next, in discharge of such arrears,
any thing in this or any other act to the contrary hereof, in any wise
notwithstanding.
A/zd oe z'z‘ farZ/zer eizaez‘ed a.» Z/ze aaZ/zorz'z‘y aforesaid, That the act A0118
- u - ' - v _ ,, recited a
entitled An act for the relief of persons improperly taxed and the repealed,
act entitled "An act for the more effectual collection of the arrears of
taxes,” so far as the same extend to the city and county of New York,
be, and the same hereby are severally repealed.
A/zd zo/zereas Philetus Osborn, collector of taxes in the township of
East Hampton in the county of Suffolk, is conﬁned in gaol, for not
having collected the tax laid in the said town, by virtue of the said act,
entitled “An act for raising one hundred thousand pounds within the
counties therein mentioned.” And rtr/zereas, the amount of the said tax,
has been paid into the treasury of this State, and the monies now to be
collected are to be applied to the use of the said county; and the said
Philetus Osborn hath prayed a further time to collect the arrears of the
said taxes, therefore,
‘542 LAWS or NEW YORK. [CHAR 87.
Philetus Be it farz‘lzer enaez‘ed by the authority aforesaid, That it shall and may
2,5,23,21,26,, be lawful, for the ‘sheriff to discharge the said Philetus Osborn, from his
conﬁnement. And that it shall and may be lawful for him the said
ment; to Philetus Osborn, and he is hereby authorised and required, to collect
Evlj‘gﬁeggb the arrears of the said taxes, and to pay the same to the treasurer of the
16051011’ said county; and if he shall not collect and pay the same, before the
ﬁrst day of ~lune next, he shall be liable to be prosecuted for his default,
in the same manner as he was when he was prosecuted as aforesaid.
CHAP. 87.
AN ACT for the relief Jesse Hunt.
PAssEn the 16th of April, 1787.
Preamble WHEREAs jesse Hunt late sherif of the county of Westchester, hath
by his petition represented that he was sherif of the county or West—
chester from the nineteenth day of March one thousand seven hundred
and eighty-one, to the nineteenth day of March one thousand seven
hundred and eighty-ﬁve ; that the gaol of the said county was destroyed
in 1776, and there being no place for the conﬁnement of prisoners on
civil process, until the legislature by an act passed the 2d of March
1784, authorized the sherif of the said county to repair the gaol in the
late borough of Westchester, and to conﬁne prisoners therein on civil
process until such time as a gaol could be built in the said county and
which gaol was not repaired until the ﬁfteenth of june following. That
during the said sherifs continuance in ofﬁce, and previous to the repair-
ing of the gaol at the said borough of Westchester, he was frequently
under the necessity of returning cepi corpus on process, when in fact
he could not get bail for many persons, who knowing that there was no
gaol, absolutely refused to give bail on arrest, by which means the said
Jesse Hunt has become exposed to many suits for escapes on mesne
process; and to exonerate him from which, he has prayed the inter-
vention of the legislature. Therefore
Jesse Hunt Beir enacted by z‘be People of tbe State of New York, represented in
ﬁg‘gggg’g Senate and Assembly, and ii‘ is hereby enacted by ﬁle azit/zoriz‘y of [be same,
actions for That in any action or suit whatsoever, which has been or may be
escapes‘ brought against the said jesse Hunt for any escape which happened
before the ﬁfteenth day of june one thousand seven hundred and eighty
four, it shall be lawful for the said Jesse Hunt to plead the general
issue, and give the special matter in evidence. And if upon the trial of
such issue, it shall be made appear to the satisfaction of the jury, that
such escape was wholly owing to the want of a sufﬁcient gaol in the
said county, and not to any neglect, omission or misconduct of the said
jesse Hunt, the said jury shall ﬁnd a verdict for the defendant, and he
shall be thereupon discharged from such suit or action.
CHAP. 88.] TENTH sEssloN. 543
CHAP. 88.
AN ACT for regulating the buildings, streets, wharfs and slips,
in the city of New York.
PASSED the 16th of April, 1787.
WHEREAS for the encouragement of the trade and commerce of this Preamble.
State, it is necessary, that the buildings, streets, wharfs and slips in the
city of New York, should be regulated with uniformity, for the accom-
modation of habitations, shipping and transportation; w/zerefore, to
remove all impediments or obstruction that may retard so necessary a
work;
Be ii‘ enacted ﬁy Me People of r/ze Scale of jVe'zo Yer/l’, represe/zc'ed in Common
Senate and Assemﬁ/y, and ii‘ is ﬁereﬁy enacted ﬁy i/ze aac/coriiy of i/ce same, g’glynfélgw
That it shall and may be lawful, to and for the mayor, aldermen and late erec—
commonalty of the city of New York, in common council convened, {ﬁr-figs,
from time to time, to make such bye-laws, ordinances, rules and orders for the better regulating and arranging with uniformity, such new build- city sur-
ings, as shall, after the passing of this act, be erected for habitations, or veyor‘
for the purposes of trade and commerce; and also for regulating and
altering the streets, wharfs and slips in such manner as shall be most
commodious for shipping and transportation; and also at their will and
pleasure, from time to time, to nominate and appoint two or more dis—
erect and intelligent persons to be the surveyors of the buildings, streets,
wharfs and slips of the said city, whose ofﬁce and duty it shall be, to
direct and see that all buildings, streets, wharfs and slips, to be laid out
or altered in the said city, be regulated with uniformity, for the accom-
modation of habitations, shipping,trade and commerce, according to
such bye-laws, ordinances, rules and orders, as by the common council
of the said city shall be for that purpose, from time to time, ordained
and established; which said surveyors shall respectively, before they
enter upon the duties of their said ofﬁces, take the following oath, before
the mayor or recorder, vizt “ I appointed a surveyor of the city
of New'York, do swear in the presence of Almighty God, that I will
faithfully, truly, and impartially execute the ofﬁce of one of the surveyors
of the same city.”
And zeI/zereas in the laying out of new lots of ground for buildings,
controveries may arise, by reason that a lot or lots, if built upon to their
full extent, would incommode and obstruct some street of the said city,
and be hurtful to the trade and health of the inhabitants thereof:
Therefore
Be if fari/zer eaacz‘ed ﬁy i/ze azci/zoriz’y aforesaid, That it shall and Encroach<
may be lawful, to and for the mayor aldermen and commonalty of the $32,320
said city, in common council convened, to hinder and prevent any be grg;
building or buildings, that may narrow or encroach upon any street $5818.11;
within the said city: And if in the doing thereof, or in the laying out "f Streets-
for the future, any streets, wharfs or slips, they shall require for such
purposes, the ground of any person or persons, they shall give notice
thereof to the owner or parties interested in such ground, or his, her or
their agent or legal representative: And to the end that reasonable sat-
isfaction may be made for all such ground as shall be necessary for the
uses aforesaid, the said common council shall and may treat with
the owners or persons interested therein, or his, her or their agent or
legal representative; and if any such owner or owners shall refuse to
544
LAWS OF NEW YORK. [CHAR 88.
Regulation
of sewers,
drains,
vaults, etc.
treat in manner aforesaid, then and in such case, it shall and may be
lawful, to and for the mayor or recorder, and any two or more aldermen,
by virtue of this act, by a precept under their hands and seals, to com-
mand the sherif of the said city and county of New York, to impannel
and return, and he is hereby required to impannel and return, a jury, to
appear before the mayors court of the said city, at any term thereof, not
less than three weekq from the date of such precept, to enquire of and
assess the damages and recompence due to the owner or owners of such
ground, or his, her or their agent or legal representative, and at the
same time to summon the owner or owners of such ground, by notice,
to be left at his, her or their most usual place of abode, to appear
before such mayors court, on the day and at the place in such precept
to be speciﬁed; which jury being ﬁrst duly sworn faithfully and impar-
tially to inquire into and assess the damages in question, and having
viewed the premises, if necessary shall inquire of and assess such dam-
ages and recompence, as they shall, under all the circumstances, judge
ﬁt to be awarded to the owner or owners of such ground, for their
respective losses, according to their several interests and estates therein.
And the verdict of such jury, and the judgment of the said mayors
court thereupon, and the payment of the sum or sums of money so
awarded and adjudged to the owner or owners thereof, or tender and
refusal thereof, shall be conclusive and binding to all intents and pur-
poses, against the said owner and owners, his, her and their respective
heirs, executors, administrators and assigns, claiming any estate or in-
terest of, in, or to the same ground; and it shall thereupon be lawful
to and for the said mayor, aldermen and commonalty of the city of New
York, and their successors, to cause the same ground to be converted to
and used for the purposes aforesaid.
Ana’ zcl/zereas the dirt and soil lying in the streets, doth often prove a
common nuisance, and very prejudicial to the health of the inhabitants
of the same city; for remedy whereof,
Be it f/ﬁ’f/le’l' e/zaez‘ea’ [1y f/zeaaZ/zerz'fy aforesaid, That it shall and may
be lawful, to and for the mayor, aldermen and commonalty of the said
city, in common council convened, by ordinances and bye-laws for that
purpose, to be made and ordained, from time to time, and in such man-
ner as they shall judge to be most conducive to health and public con-
venien/ce, to cause common sewers, drains and vaults to be made and
constructed in any part of the said city, and to order and direct the
pitching and paving the streets thereof; and the cutting into any drain
or sewer already made or to be made; and the altering, amending, cleans-
ing and scouring of any street, vault, sink or common sewer within the
same city. And for the better effecting thereof, it shall and may be
lawful to and for the mayor, aldermen and commonalty of the said city
in common council convened, to cause to be made, an estimate or esti-
mates of the expence of conforming to such regulations as aforesaid, and
a just and equitable assessment thereof among the owners or occupants
of all the houses and lots intended to be benefited thereby, in propor—
tion, as nearly as may be, to the advantage, which each shall be deemed
to acquire respectively. And in order that the same may be faithfully
and impartially performed, the said common council shall, from time to
time, appoint ﬁve sufﬁcient and disinterested freeholders, for every such
purpose, who, before they enter upon the execution of their trust, shall
be duly sworn, before the said mayor or recorder, to make the said esti-
mate and assessment, fairly and impartially, according to the best of
their skill and judgment, and a certiﬁcate in writing of such estimate
and assessment, being returned to the said common council, and ratiﬁed
CHAP. 88.] TENTH SESSION.
0
45
by them, shall be binding and conclusive upon the owners and occu—
pants of such lots so to be assessed respectively; and such owners or‘
occupants respectively, shall thereupon become, and be liable and
chargeable, and they are hereby required, upon demand, to pay to such
person as shall be authorized by the said common council to receive the
same, the sum at which such house or lot shall be so assessed, to be
employed, & applied for and towards the making, altering, amending,
pitching, paving, cleansing and scouring such streets, and making, con—
structing and repairing such vaults, drains and sewers as aforesaid. And
in default of payment thereof or any part thereof it shall and may be
lawful to and for the mayor, recorder and aldermen of the same city, or
any ﬁve of them, of whom the mayor or recorder always to be one,'by
warrant under their hands and seals, to levy the said sum and sums of
money so assessed, by distresssand sale of the goods and chattels of the
owner or occupant of such house or lot, so assessed, and refusing or
neglecting to pay the same, rendering the overplus, if any there be, after
deducting the sum assessed, and the charges of distress and sale, to such
owneror-occupant respectively, or‘their legal representatives. Provided
always,
And a; ii‘ fare/ter eizaez‘ed by file aai/zoriz’y aforesaid, That nothing in
the last mentioned clause of this act contained, shall be construed to
affect any contract or agreement that hath been, or shall be made, between
any landlord and tenant respecting the payment of any such charges or
repairs, but they shall he answerable to each other, in the same manner
as if this act had never been made. AizdfarZ/zer, in case any money so
from time to time to be assessed for the services aforesaid, shall be paid
by any person, when by agreement or by law, the same ought to have
been borne and paid by some other person, that then it shall and may
be lawful to and for the person so paying the same, and he shall be and
hereby is empowered and authorized to sue for and recover the same,
with interest and costs of suit, in any court having lawful cognizance
thereof, as so much money paid for the use of the person for whom or
for whose use the same shall have been paid; and the assessment afore-
said, with proof of payment, shall be conclusive evidence to such court,
and judgment ‘and execution shall be awarded accordingly.
Arid zo/zereas more effectually to accommodate the trade, and preserve
the health of the citizens, it is necessary, in certain parts of the city, to
level adjoining lots, by raising some, and reducing others, in order to
draw away the stagnate water and ﬁlth, and render the streets dry, and
the passage easy and convenient, and it frequently happens, that there
are vacant lots, owned by persons who refuse to contribute to any
expence with respect to their lots, or the Streets on which they are
bounded; however detrimental such refusal may prove to the proprie-
tors of the adjacent lots, and the public good. For remedy whereof,
Be it farZ/zer e/zaez‘ed ﬁy Z/ze aal/zorily aforesaid, That when in any
such case, a general regulation shall be judged necessary in any part of
the city, and be ordered and directed, by any ordinance or bye-law of
the said mayor, alderman and commonalty of the said city, in common
council convened, for raising, reducing, levelling or fencing in, any such
lot or lots as aforesaid, it shall and may be lawful to and for the said
common council, to cause an estimate to be made, of the whole expence
of conforming to such regulation, with respect to each lot, which the
owner thereof shall refuse or neglect to put in the order thereby required,
which estimate shall be made and certiﬁed under the hands and seals of
ﬁve sufﬁcient freeholders, to be appointed for that purpose, and sworn
in manner aforesaid; and the same estimate, being duly returned to, and
VoL. 2.—69
Leveling of
lots, etc. ,
procedure
for.
546
LAWS or NEW YORK. [CHAR as.
Id.
approved by the said common council, they shall take order for adver-
tising the same, in two or more of the public news papers printed in the
id city, for three weeks, thereby requiring the owners of such lots
respectively, to pay the sum at which the said lots shall be so assessed,
to the treasurer or chamberlain of the said city, to defray the expence of
the intended work; and that, if default shall be made in such payment,
such lot will be sold at public auction, at a day and place therein to be
speciﬁed, for the lowest term of years, at which any person shall offer to
take the same, in consideration of advancing the sum assessed on the
same, for the expence aforesaid. And if notwithstanding such notice
and demand, the owner or owners should refuse or neglect to pay such
assessment with the charge of appraisement and advertisement, then it
shall and may be lawful to and for the said common council to cause
the said lot to be sold at public auction, for a term of years, for the pur-
poses and in the manner expressed in the said advertisement, and to
give a declaration of such sale to the purchaser thereof under the com-
mon seal of the said city; and such purchaser, his executors, adminis-
‘trators and assigns, shall by virtue thereof and of this act, lawfully hold
and enjoy the same, for his and their own proper use, against the owner
or owners thereof, and all claiming under him or them, until his term
-therein shall be fully compleat and ended; being at liberty to remove
all the buildings and materials, which he, she or they shall erect or place
thereon, but leaving the ground in sufﬁcient fence, and with the street or
streets fronting the same, in the order required by the said regulations;
any law, usageor custom to the contrary thereof notwithstanding. Pro-
vided always, that if, after defraying the actual expence of conforming
any lot, so to be sold for a term of years, to the regulations aforesaid,
and deducting all reasonable charges attending the same, a surplus of
the purchase money, bidden or given therefore, at such auction, shall
remain in the hands of the chamberlain or treasurer of the said city,
the same shall forthwith be rendered to the owner or owners of such lot
or lots respectively, or his, her or their respective legal representatives.
And be if farz‘be?“ eizaez‘ed by z‘lze azii/zorizy aforesaid, That if upon
the completion of any such regulation as aforesaid, it shall appear to
the mayor, aldermen and commonalty of the said city, in common
council convened, that a greater sum of money hath been bona ﬁde
expended in making such regulation, than the sum mentioned in the
estimate so made as aforesaid, and actually collected, it shall and may
be lawful to and for the said common council to cause a further assess-
ment to be made, of the sum which such bona ﬁde expenditures shall
exceed the sum so estimated and collected as aforesaid, upon and
among the owners or occupants of all the houses and lots before assessed
as aforesaid, and to cause the same to be collected, in the same manner
as herein before directed. Aizd furl/ler, that in case the sum actually
expended, shall be less than the sum expressed in such estimate and
actually collected as aforesaid, the surplus shall be forthwith rendered
to the respective persons from whom the same were so collected and
received as aforesaid, or his, her or their respective legal representatives.
CHAP. 89.] TENTH SESSION.
547
CHAP. 89.
AN ACT for the more speedy recovery of debts to the value of
ten pounds.
PAssEl) the 17th of April, 1787.
Be it enacted ﬁy i/ze People of i/ze Sea/e of [Vere Yer/e, represented i/z
Se/zaz‘e and Asse/aﬁ/y, and if is ﬁereﬁy e/zacz‘ed ﬁy z‘ﬁe az/i/zorizfy of Me same,
That from and after the ﬁrst day of June next, all actions of debt,
detinue, account, covenant, trespass and trespass on the case, wherein
the sum or ballance due, or thing demanded shall not exceed ten pounds,
current money of this State, shall be, and hereby are made cognizable
before any justice of the peace, of any city or county of this State;
and every such justice shall be. and hereby is respectively authorized
and impowered, to hear try and determine, all such causes and actions,
according to law and equity; and shall and may hold a court for the
trial thereof, and is hereby vested with all such power and authority
for the purpose aforesaid, as is usual in courts of record, in this State ;
and shall sign all process to be issued out of such court. A/zd farc/zer,
that every such justice of the peace, upon application to him made for
the recovery of any such debt, damages or demand, shall issue a sum-
mons or warrant, as the case may require, directed to some constable
or other proper ofﬁcer, of the city, town or place, where the defendant
dwells or can be found, commanding him, when a summons is issued,
to summon the defendant to appear before such justice, at a certain time
and place in the same summons to be expressed, not less than six nor
more than twelve days from the time of issuing such summons, to
answer the plaintiffpf the plea in the same summons to be mentioned ;
and when a warrant is issued then commanding the constable or other
ofﬁcer to take the defendant and bring him or her forthwith before
such justice to answer the plaintiff of the plea in the same warrant to
be mentioned, and upon the return of such summons if the same be
duly served, or upon bringing the defendant before such justice by vir-
tue of any such warrant, or at such other time and place, as the same
justice shall think reasonable to appoint, not exceeding six days there-
after, the same justice shall proceed to hear and examine the allegations
and proofs of the parties plaintiff and defendant, and within four days
thereafter, give judgment thereon, in such manner as shall appear to
him, to be agreeable to law and equity, together with costs of suit, as
hereafter allowed.
A/zd ﬁe it fzcri/zer eaacz‘ed ﬁy z‘/ie aat/zority aforesaid, That the ﬁrst pro-
cess against all freeholders and inhabitants having families, (except as
hereafter is excepted) shall be by summons which shall be served at
least six days before the time of appearance mentioned therein, by
reading the same summons to the defendant, and delivering to him or
her a copy thereof, when required, if he or she shall be found, and if
not, by leaving a copy thereof at his or her house or place of abode, in
the presence of some one of the family, of suitable age and discretion,
who shall be informed of the contents thereof: And the constable or
ofﬁcer serving such summons shall upon the oath of his ofﬁce, indorse
thereupon the time and manner he executed the same, and sign his
name thereto. And in case the defendant does not appear at the time
and place appointed in such summons, and it shall appear by the return
Justice 01
the peace,
civil juris-
diction of.
Process to
be by sum-
mons; pro-
ceedings
on return
of.
548
LAYVS OF NEW YORK. [CHAR 89.
Id. , where
justice
cannot
proceed.
Warrant,
when to
issue.
Voluntary
joinder of
issues.
Adjourn—
ment.
indorsed thereon, that the summons was duly served upon the person
of the defendant, in the manner aforesaid, and no sufﬁcient reason shall
appear to the justice, why the defendant does not appear at the time
appointed, then the said justice who issued the said summons, shall
proceed to hear, and try and determine the cause, in the same manner
as if the defendant had appeared; but if such summons was served
only by leaving a copy thereof at the house r place of abode of the
defendant as aforesaid, and the defendant does not appear at the time
and place appointed in such summons, and no sufficient reason shall
appear to the justice why the defendant does not appear, then the
said justice shall issue a warrant against such defendant, in the manner
aforesaid, and proceed as above directed, unless the plaintiff shall elect
to have a new summons against such defendant. And in all cases.
where a sufficient reason shall appear to the justice, why the defendant
does not appear, at the time and place appointed in the summons, the
justice shall give the defendant, such further time as he shall think
reasonable, and at such time so given, the justice shall and may proceed
as aforesaid. Provided always,
A 12d &e if flH‘Z/M’l’ e/zaez‘ed a)» Mo auZ/zorz'z‘y aforesaid, That in all cases,
where a warrant shall be issued by virtue of this act, and upon service
thereof, the justice who issued the same shall be absent, or unable to
hear and try the cause, it shall and may be lawful for the constable or
other ofﬁcer serving such warrant, to carry the defendant before the
next justice, of the city or county where the justice who issued the
warrant shall reside, and such other justice shall take cognizance of, and
hear, try and determine the cause, in the same manner, as he could or
might have done, if he had issued the warrant, by virtue of which the
defendant shall be taken; but in all other cases, where any process
shall be issued in pursuance of this act, and served on the defendant,
for any debt, damages or demand, of what nature soever the cause shall
be tried before the justice who ﬁrst issued such process, and not before,
any other justice; and the defendant, if he or she has any account or
demand against the plaintiff in such action, shall and may plead and
set off the same, against the debt or demand of the plaintiff.
And oe z'z‘ fart/1e?" ezzaez‘ed dy z‘/ze azet/zorz'zfy aforesaid, That if any
plaintiff, or his or her attorney, so applying for process, shall prove
upon oath, to the satisfaction of the justice, that if such process be by
summons, against any such freeholder or inhabitant having a family,
the plaintiff will be in danger of losing his debts, or demand thereby,
or doth really and sincerely believe that such freeholder or inhabitant
will depart the city or county, wherein he or she doth reside; then the
justice shall issue a warrant, in such manner as is above directed.
Arid oez'z‘ fart/lor e/zaez‘ed [2)’ {lie aaZ/zorz'gi aforesaid, That where any
parties shall agree to enter an action before any justice, without any
process, the justice shall proceed to trial,'in the same manner as if a
summons or warrant had issued.
And &e 2'! f m'f/zer erzaez‘ea by the authority aforesaid, That in all casesv
where a warrant shall be issued if the plaintiff or defendant, shall require
a longer time than is ﬁrst appointed by the court, to try the said cause,
and will, if required, give sufﬁcient security to appear and stand trial,
on such other day as shall be appointed, then the justice is hereby im-
powered and required, to adjourn the trial of such cause to any day he
shall judge most convenient, not exceeding twelve days, nor less than
three days, unless the justice and parties shall otherwise agree. Pro-
z'z'ded always, that where the plaintiff in any cause of action to be brought
by virtue of this act, shall be a non resident of the county, and shall
‘CHAP. 89.] TENTH sEssIoN. 549
‘give security to pay the debt or damages, and costs of suit, in case judg-
ment shall be given against.him, that then he may have a warrant
returnable immediately; and the justice before whom such cause is to
be tried, shall not adjourn the same for more than three days, unless
the parties agree to allow a longer time: And if any adjournment be
made without the consent of the plaintiff, then the defendant shall give
sufﬁcient security for his or her personal appearance, on.the day to
which such adjournment shall be made, and in default of such appear-
ance, to pay the debt and costs, if judgment shall be given against him
or her; and in default of giving such security, the justice shall proceed
to trial without an adjournment.
And oe ii‘ fari/ier e/zaez‘ed 5y i/ze aai/zorizy aforesaid, That no per- Person not
son shall be proceeded against by summons, out of the city or county to be Sued
1 1 1 A ‘.A out of
‘.VAEZI'S .16 01’ 8.16 "QC Ypblu’é. county.
Avid ée ii fziri/zer e/zaez‘ed oy Z/ze aaZ/zorizy aforesaid, That in every Jury trial
action that shall hereafter be brought in this State, by virtue of this act, liggglgggm
it shall be lawful for either of the parties to the suit, or the attorney of ed; pro-
either of them, after issue joined, (and before the court shall proceed cedure'
to enquire into the merits of the cause) to demand of the said court,
that such action be tried by a jury; and upon such demand, the said
justice holding such court, is hereby required to issue a venire directed
"to any constable or other proper ofﬁcer, of the city, town or place, where
the said cause is to be tried, commanding him to summon twelve good
and lawful men, being freeholders or freemen of such city, or being free-
holders of such town or place, where the said cause is to be tried, and
who shall be in no wise of kin to the plaintiff or defendant, nor interested
in such suit, to be and appear before such justice issuing such venire,
at such time and place as shall be expressed in such venire, to make a
jury for trial of the action between the parties mentioned in the said
venire, which constable or ofﬁcer, shall, at the return of the said venire,
return a panel of names of the jurors he shall so summon by virtue
‘thereof, and the names of each person so impanneled, shall be written
on several and distinct pieces of paper, as nearly of one size as may be,
and shall be delivered to the said justice, before whom such action is to
be tried, by the constable or other ofﬁcer returning such panel and shall
by the said constable or other ofﬁcer, be rolled up, all as near as may
be in one and the same manner, and put together in a box. or some con-
venient thing; and on the trial of such cause, such justice or such indif-
ferent person as he shall appoint for that purpose, shall draw out six of
the said papers, one after another and if any of the persons whose names
shall be so drawn, shall not appear, or shall be challenged and set aside,
then such further number thereof shall be drawn as shall make np the .
number of six who do appear, after all legal causes of challenge allowed
by the said justice, unless the parties agree that the said constable shall
summon six men at his discretion and the said six persons so ﬁrst drawn
and appearing, and approved by the court as indifferent, shall be the
jury who shall try the cause, to each of whom the said justice shall
administer the following oath “ You do swear in the presence of Qath of
Almighty God, that you will well and truly try the matter in difference, Jurors‘
between plaintiff and defendant, and a true verdict will
give according to evidence.” And after the said jury have taken the oath
aforesaid, they shall sit together, and hear the several proofs and alle-
gations of the parties, which shall be delivered in public, in their pres—
ence; and to each of the witnesses on the said trial, the said justice
shall administer the following oath, vizt. “ You do swear in the pres’
ence of Almighty God, that the evidence you shall give’in this matter in
550 , LAws OF NEW YORK. [CHAR 89.
difference, between plaintiff and defendant, shall be the
truth, the whole truth, and nothing but the truth,” and after hearing the
proofs and allegations, the jury shall be kept together in some convem
_ ient place, until they all agree upon a verdict; and for which purpose a
constable shall be sworn, and to whom the said justice shall administer
the following oath vizt. You do swear in the presence of Almighty God,
that you will to the utmost of your ability, keep every person sworn on
this inquest together in some private and convenient place, without
meat or drink, you will not suffer any person to speak to them, nor
speak to them your self, unless by order of the justice, unless it be to
ask them whether they have agreed on their verdict, until they have
agreed on their verdict,” and when the jurors have agreed on their ver-
dict, they shall deliver the same to the justice in the same court, who is
hereby required to give judgment thereupon, and to award execution in
manner herein after directed.
Provided always, that no oath of either party, or exparte afﬁdavit of
any other person, shall be allowed or given in evidence in any such
action, unless the parties agree to allow of such evidence.
Penaltyfor And be ii fzirz‘lzer e/zaez‘ed by ﬁre aai/zorizfy aforesaid, That every per-
son summoned and drawn as a juror, or subpoenaed as a witness, who-
Juror. shall not appear, or appearing, shall refuse to serve, or to give evidence
in any such action, shall forfeit and pay for every such default or refusal
(unless some reasonable cause be proved on oath, to the satisfaction of
the said court) such ﬁne, or ﬁnes, not exceeding the sum of four pounds,
nor less than ﬁve shillings, as the said court shall think reasonable to
impose; and the said court is hereby authorized and required to issue a
warrant to any constable, or other proper ofﬁcer, to levy the same, of
the goods and chattels of the offender, and for want thereof, to take and
convey him or her, to the gaol of the city or county wherein the offence
shall have been committed, or for want of a gaol in such city or county,
then to the nearest gaol, there to remain until he or she pay such ﬁne,
together with the costs attending the same. And the keeper of such
gaol, is hereby commanded to keep such offender in safe custody, in
such gaol until such ﬁne, together with the costs, shall be paid.
Provided always, that no such ﬁne or ﬁnes shall be imposed, unlessv
oath shall ﬁrst have been made before the court by some credible per-
son, that such juror or witness so in default, hath been lawfully sum-
moned or subpoenaed as aforesaid. All and every of which said ﬁnes,
when recovered, shall be delivered by the said court, to the overseers of'
the poor, for the use of the poor of the town or place, where the same
shall be levied.
Costs, - And be ii‘ fzirz‘ber e/zaez‘ed by Me azil/zorily aforesaid, That if the plain-
when“) be tiff other than executors or administrators in any such action shall be
granted to _ _ o _>
defendant; non suited, or discontinue, or withdraw his or her action, without the
execumon' consent of the defendant, then judgment shall be given against such
plaintiff, for the costs accrued; or if he or she shall appear to be indebted
to the defendant, then judgment shall be given against him or her for
the debt or damages, and costs, as the case may require. And when--
ever judgment shall be given against either plaintiff or defendant,
in any of the before mentioned actions, the said court shall grant exe—
cution thereupon, directed to one of the constables, or other proper
ofﬁcer, of the city, town or place, where the party dwells, or can be
found, commanding him, to levy the debt or damages, and costs, of the
goods and chattels of the person against whom such execution should
be granted; and for want of sufﬁcient goods and chattels, whereon to
levy the same, to take the body of the person against whom such execu—-
CHAP. 89.] TENTH SESSION.
QR
tion shall be granted, and him or her to convey to the gaol of such city
or county, which said constable, or other proper ofﬁcer, after taking such
goods and chattels into his custody, by virtue of such execution, shall
immediately give public notice, by an advertisement, signed by himself,
and put up at three public places in such city, town or place, Where
such goods and chattels shall be taken, of the time and place, when and
where they will be exposed to sale, at least ﬁve days before the time
appointed for selling them; and therein describe the goods and chattels
so taken; and at the time and place so appointed for selling them, shall
expose them to sale by public vendue, to the highest bidder, and pay
the debt or damages, and costs levied, to the justice who issued the exe-
cution, (returning the overplus if any,) to the owner; and for want of
goods and chattels whereon to levy, the said constable or other proper
ofﬁcer, sh ll according to the tenor of id execution, take the body
of the person against whom the same execution shall be granted, and
convey and deliver him or her to the keeper of the common gaol of the
city or county, which keeper is hereby commanded to keep such person
in safe custody, in the common gaol aforesaid, until the debt or dama-
ges, with costs, shall be fully paid, or until he or she shall be from thence
delivered by due course of law.
Prat/[dad nearer/balms, that no execution of any judgment given by
virtue of this act, shall issue against any freeholder or inhabitant, having
a family, in less than forty days after giving the said judgment, unless
the party in whose favour judgment shall be given, shall make it appear
to the satisfaction of the said justice, on his or her own oath, or the oath
of some other person, that such plaintiff or plaintiffs will be in danger
of losing the debt, or damages, if such delay be allowed; in which case
the said justice shall issue execution immediately, as herein before
directed; unless the party against whom such judgment shall be given,
shall thereupon give security to the party in whose favour judgment
was given, that he or she will pay the debt or damages, and costs, before,
or surrender himself or herself in execution, at the expiration of forty
days.
And ﬁe z'z‘ fZH'Z/la’i’ e/zarz‘ed d} 2726 azzi/zw'z'zfy afare’saz'd, That in case any
constable or other proper ofﬁcer, to whom any execution shall be deliv-
ered, shall not within thirty days after receiving such execution, levy
the same on the goods and chattels of the person against whom such
execution shall be granred, and in ten days thereafter pay the debt and
costs so levied into the hands of the justice who issued the same, or in
case of his death, or removal from ofﬁce, to the person in whose favour the
execution was granted; or if no goods nor chattels can be found
whereon to levy, then if the said constable or other ofﬁcer shall not take
the body of the person against whom such execution was granted, if to
be found, within thirty days from the receipt of such execution as afore-
said, then and in every such case, the said constable or other ofﬁcer,
shall be holden to pay the amount of such execution, to be recovered
by an action of debt, with costs, by the person in whose favour such
execution was granted, in which case execution shall issue forthwith.
Prat/idea’ always, That neither this act, nor any thing herein con-
tained, shall be deemed or construed to extend to any action wherein
the people of this State shall be concerned, or where the title of any
lands shall in any wise come in question, or to any action of assault and
battery, or of slander, nor to matters of account, where the sum total
of such accounts exceed in the amount or value thereof, the sum of
eighty pounds, and that account proved to the satisfaction of the said
COllI‘t.
41-.“ A,‘
LllC Del
Liability of
ofﬁcer to
whom exe-
cution
issued.
552
LAWS OF NEW YORK. [CHAR 89.
Trespass;
action re-
movable to
higher
court.
Actions
for sums
of money
not exceed-
ing £10.
Execution
of process.
Costs,
amount of.
Justice.
And oe z'z‘farZ/zer e/zaez‘ed éy f/ze aaﬂzorz'zj/ aforesaid, That when in any
action of trespass to be brought by virtue of this act, the defendant or
defendants shall justify on a plea of title, the defendant or defendants
shall commit such plea of justiﬁcation to writing, and having signed the
same in the presence of such justice, shall deliver such plea to the jus-
tice, who shall then countersign the same, and deliver it to the plaintiff
or plaintiffs; and that it shall and may be lawful to and for such plaintiff
or plaintiffs, to commence and prosecute an action for such trespass
against such defendant or defendants, in the court of common pleas of
the county, in which such trespass shall have been committed, and if
such plaintiff or plaintiffs shall recover any damages in such action, the
defendant or defendants shall be liable to pay to such plaintiff or plain-
tiffs double costs. And on every trial to be had for such trespass, the
plea signed by such defendant or defendants, shall be conclusive evi-
dence that the defendant or defendants relied on his, her, or their title,
to justify such trespass. And that every justice to whom a plea of jus-
tiﬁcation shall be tendered, shall, before he shall receive such plea,
exact from the defendant or defendants, together with one sufﬁcient
surety, a recognizance in the sum of twenty pounds, conditioned that
if such plaintiff or plaintiffs shall commence a suit before the next court
of common pleas, for the recovery of damages for such trespass, such
defendant or defendants shall appear and put in special bail in such
court, within twenty days after the ﬁrst day of the then next term of the
said court; and that in every case in which such plea shall be tendered,
and the defendant or defendants shall not forthwith enter such recogni-
zance, the justice shall proceed in the same manner as if such plea had
not been tendered.
And oe z'z‘fart/zer enaez‘ed oy z‘/ze auZ/zorz'zfy aforesaid, That all and every
sum and sums of money, not exceeding the value of ten pounds, to be
sued for and recovered in any court of record, by virtue of any law of
this State, shall be, and hereby are made cognizable before any one jus-
tice of the peace, in manner aforesaid, any thing in this or any other act
to the contrary in any wise notwithstanding. And also that where in
any city town or place no constable or other proper ofﬁcer shall be chosen
or appointed, or the constable or other proper ofﬁcer be absent, or where
a process shall be issued against such constable or other proper ofﬁcer,
of any city, town or place, that then and in such case the justice upon
application made, shall and may direct the process or execution to the
constable or other proper ofﬁcer of the next adjoining town or place,
living nearest where the defendant dwells or can be found, who is hereby
required to execute the same.
And ﬁe it further enacted by t/ze auZ/zorz'zy aforesaid, That when any
process shall be issued by any justice, by virtue of this act, the constable
of the city town or place, to whom such process shall be directed, shall
proceed agreeable to this act, and execute such process in his own proper
person, unless the justice who issued such process, shall (at the request
of the plaintiff) judge it expedient to depute some other proper person,
who will voluntarily undertake to execute the same without fee or
reward; but no person shall be so deputed to impannel or summon any
111‘ . o
J 34,7207 a; it furt/zer erzaez‘ed oy z‘/ze auZ/zorz‘z‘y aforesaid, That no greater
or other costs shall be allowed, taxed or taken, in actions brought by
virtue of this act, than the following. justices fees. A summons nine
pence, a warrant one shilling, judgment one shilling, administring every
oath six pence, subpoena for each witness six pence, issuing the venire
facias to summon a jury, one shilling and six pence, swearing the jury
HAP. 89.] TENTH SESSION.
Oi)
H)
one shilling, every execution one shilling and six pence, every witness
attending and sworn one shilling. Constable or other proper ofﬁcer, for
serving a warrant or summons, notifying the plaintiff to trial, or serving
an execution, mileage for one mile or under, one shilling, for every mile
more six pence. Provided that on all precepts to be issued by virtue of
this act, the fees for serving be computed only from the place of abode
of the defendant, or where he shall be found, to the place where the
precept is returnable. Serving every execution, for every pound, one
shilling, summoning every jury three shillings. jurors fees. For all
causes tried one shilling per man, when summoned and attending and
not trying the cause, six pence per man ; to the constable or other per—
son serving subpoena one shilling for each witness.
Provided, that the whole costs to be recovered or allowed in any cause
or action, shall not exceed the sum of two pounds.
A 12d &e if furl/ter e/zaeied [2y i/ze aai/zoriiy aforesaid, That nothing herein
contained, shall extend to oblige any justice of the peace, being a mem-
ber of the senate or assembly, or any judge of any county court, to take
cognizance of any actions by virtue of this act; but that they shall be
at liberty, at all times, to act therein, or not, at their discretion.
A Md ﬁe ii‘fzirf/zer e/zaez‘ed by Me az/i/zoriiy aforesaid, That no judgment
order or proceeding whatsoever, to be had or made by virtue of this act,
shall be removed by any writ of error, or false judgment. Alzdfari/zer
that no justice of the supreme court shall grant or allow, any certiorari,
or other process, to remove any judgment order or proceeding whatso-
ever, to be had by virtue of this act, unless the party applying for such
certiorari, shall within thirty days after such judgment given, make afﬁ-
davit, satisfying such justice of the supreme court, that there is reason-
able cause for granting such certiorari to remove Such judgment, either
for error therein, or for some unfair practice of the justice, who shall
have tried the cause; which shall be particularly speciﬁed in the said
afﬁdavit; and which afﬁdavit may be made before one of the justices of
the supreme court, or one of the judges of the court of common pleas
of the county, where such judgment shall be given, or before one of
the commissioners for taking afﬁdavits to be read in the supreme court:
And such afﬁdavit shall be left with the justice of the supreme court
who may allow such certiorari, in order that the adverse party may
obtain a copy thereof. And if any certiorari or other writ shall be
granted or issued otherwise than is above mentioned, the same shall be
void, and of none effect. And fari/zer, that no execution upon any
judgment to be given by virtue of this act, shall be prevented or stayed
by any certiorari, or other writ, in case the party in whose favour such
judgment shall be given, shall give such security as may be satisfactory
to the justice by whom such judgment shall be given, to restore the debt
or damages for which such judgment shall be obtained, with the inter-
est and costs, in case such judgment shall be reversed. And if any
judgment to be given by virtue of this act, shall be removed into the
supreme court, by certiorari or otherwise, and be there conﬁrmed, then
the party procuring such certiorari, shall pay to the adverse party all
costs of defending such suit in the supreme court, to be taxed; and the
party entitled to such costs shall and may have execution for the same,
out of the said supreme court, against the body or goods and chattels
of the party who ought to pay the same: But if such judgment shall
be reversed, then the party procuring such certiorari, shall in like man-
ner recover his or her costs, to be taxed, and recovered as aforesaid.
Constable.
Jurors.
Certain
justices
not to try
actions.
Action not
removable
by Writ of
error or
false judg-
ment; cer—
tiorari.
And be ii‘ fari/zer erzaez‘ed éy i/ze aai/zoriiy aforesaid, That in all causes Defendant
to be brought in pursuance of this act, if the defendant or defendants in
VOL. 2. —-— 7o
barred of
004
LAWS OF NEW YORK. [CHAR 89.
claim not
pleaded.
Adjourn-
ment on
behalf of
defendant.
Governor
to appoint
justices in
New York
city.
Justice
who is
tavern
keeper not
to act.
Constable
in certain
counties .
such suit or action, shall neglect or refuse to plead, and give in evidence‘
his, her or their account, or demand, if any he, she or they have against
such plaintiff or plaintiffs, then the defendant or defendants, so neglect-
ing or refusing to plead, and give in evidence, his, her or their accounts
or demands, as aforesaid, shall, forever thereafter, be precluded from
having or maintaining any action or actions against such plaintiff or
plaintiffs for the recovery of such account or demand, or any part
thereof.
Provided always, That where the balance found to be due to the
defendant, exceeds the sum of ten pounds, that in every such case, the
defendant shall not be precluded or barred from recovering his account
or demand, against such plaintiff, in any other court of record, having
cognizance of the same.
And be if far/ber e/zaez‘ed by ﬁre azil/zorizy aforesaid, That in case the
defendant shall make oath that he or she cannot for want of some ma-
terial evidence or witness safely proceed to trial, the justice shall in
such case postpone the trial, for such reasonable time, as will enable the
defendant to procure such evidence or witness; provided such time shall
not exceed three months; and provided also, that such defendant or
defendants, before he she or they shall be entitled to have the trial
postponed as aforesaid, shall give security to the said justice to appear
and answer the said action, and to pay the debt and damages, and costs,
in case judgment shall be given against him, her or them. Provided
also that in any suit or action to be brought by virtue of this act, if
either the plaintiff or defendant shall request an adjournment, he shall
not be entitled thereunto, unless the party requesting such an adjourn-
ment (after having seen the account or demand of the adverse party)
shall, if required, exhibit his or her account or demand or state the
nature thereof, as far forth as may be in his or her power, to the satis—
faction of the justice before whom the cause is to be tried, any thing in
this act to the contrary notwithstanding.
And be ii‘ farl/zer e/zaeied by Me aal/zorizy aforesaid, That it shall and
may be lawful for the person administering the government of this State
for the time being, by and with the advice and consent of the council
of appointment, for the time being, by commission under the great seal,
from time to time, to constitute and appoint, such and so many proper
persons in the city and county of New York, as they may think neces—
sary, to hear try, and determine causes in the said city and county, by
virtue of this act, by the name of assistant justices ; and each and every
of the persons so constituted and appointed shall be and hereby are
vested with the like and the same power and authority in the same city
and county, with respect to hearing, trying and determining causes of
the value of ten pounds and under, as are given to or vested in the
justices of the peace in the several counties of this State, by virtue of
this act.
Arid be ii‘ fzirz‘lzer e/zaez‘ed by file aai/zorizj/ aforesaid, That no justice
of the peace nor any person so to be conﬁrmed and appointed as afore-
said, being a tavern keeper or inkeeper, shall try any cause by virtue
of this act.
A 12d be if farz‘ber eaaeled by l/ze azil/zoriiy aforesaid, That it shall and
may be lawful to and for any constable in the counties of Albany,
Ulster, Suffolk, Orange, Montgomery, Washington or Richmond, to ex-
ecute any summons, or precept, to be issued in pursuance of, and by
virtue of this act, in any city, town, manor, district or precinct, in the
county in which such summons or precept was issued, altho’ the defendant
or defendants shall not reside in, or be found in, the city, town, manor,
CHAP. 90.] TENTH SESSION. 555
district or precinct, in and for which such constable shall be elected;
any thing in this act contained, to the contrary thereof in any wise not-
withstanding.
Arza’ w/zereas sundry persons make a practice of pleading in courts
held by a justice, and because of the emoluments therefrom arising are
induced to promote suits ; for the prevention whereof,
Be 2'! fZH’Z/Zé’l' eizaez‘ea’ by Me azeZ/zm'z'zj/ afa/"esaz'a’, That no person so Person
practicing, shall be permitted by any justice to prosecute, defend, plead practicing
. . . . . . before JUS-
or counsel, in any suit or action to be tried by virtue of this act, unless tice. oath
such person so offering or appearing to prosecute, defend, plead or give E31” taken
counsel as aforesaid, shall previously swear before such justice, that he
has not received or taken any fee or reward for the same, either directly
or indirectly, nor any other person to or for his use, and that he will
not directly or indirectly, receive or take fee or reward for the
same, either by himself or by any other person to or for his use.
Alla’ ﬁe z'z‘ fZtl’f/ZL’)’ enaez‘ea’ by i/ze aaZ/zorz'z‘y aferesaz'a’, That the act Acts
entitled “An act to empower justices of the peace, mayors, recorders £231,312,,‘
and aldermen, to try causes to the value of ten pounds and under, and
to repeal sundry acts therein mentioned” together with the several acts
therein mentioned, and the act entitled, An act supplementary to the
act entitled An act to impower justices of the peace, mayors recorders
and aldermen, to try causes to the value of ten pounds and under, and
to repeal sundry acts therein mentioned, and the seventh enacting clause
of the act entitled “ An act to compel collectors and constables to give
security,” shall be, and hereby are, from and after the ﬁrst day of june
next, repealed ; but all suits which shall be commenced before the said
ﬁrst day of june next, and be then depending, before any mayor, recor-
der, alderman or justice of the peace, within this State, by virtue of
any of the acts hereby repealed, shall and may be prosecuted to judg-
ment and execution, as fully and effectually, as if this act had not been
made.
CHAP. 90.’
AN ACT to repeal the laws relative to buildings in the city of
New York.
Passer) the 18th of April, 1787.
Be 2'! e/zaez‘ea’ Z11’ Z/ze Pea/Me 0f f/ze Slate 0f r/Vea/ Yer/e, represented [12 Acts
Senate and Assemé/y, and 2'! is /ze1'e&y e/zaez‘ea’ 6y z‘/ze az/Z/zurz'zy of Me same, zggggl‘ii
That the act entitled “An act for the more effectual prevention of
ﬁres” and the act entitled “ An act to amend an act for the more effec-
tual prevention of ﬁres and for regulating of buildings in the city of
New York” shall be and hereby are repealed.
LAWS OF NEW YORK. [CHAP. 91.
Preamble.
Person
named to
be natural-
ized on
taking
oaths of
allegiance
and abj u-
ration.
Oaths to be
taken
within one
year.
Previous
purchases
of lands by
persons
named
legalized.
CHAP. 91.
AN ACT to naturalize the persons therem named.
PASSED the 18th of Aprll, 1787.
\VHEREAs Arnold Henry Dohrman, john Kemp, David Fitz Gerald,
john McQueen, james Rose, Robert Mills, joze Roiz Silva, Francis
Thomas, john Darah, james F. Atlee, james McKell, Patrick McKell,
Mary Dawson, Michael McLachlan, john Wilson, john Powell, Benja-
min Crookshanks, john Baptist Founclaire, johannes Ditricks, john
Wheellan, Charles Wheellan, Daniel Beek, james Thompson, Frederick
Petrey, Thomas Obyrne, john Ramage, Nathaniel Smith, George Chris-
tian Anthon, Walter Healey, Peter Penet, George Metcalf, Patrick
Hussey, Thomas Brown, john Frederick Moyentz, john Creckenboom,
Emanuel Mitchel, Robert Erwin, john Newelt, jean Louis Victor le
Townelier, john Louis Chollet, john Peter Vemont, Alexander Macomb,
\Villiam Wilson, james Hardie, \Valter Minto, Lewis D. Flinn, Christian
Abelman, George tVilliams, Frederick Charles Hans Bruno Poelnitz and
Alexander Lindsay have by their petitions presented to the legislature,
prayed that an act of naturalization might be passed in their behalf.
Therefore,
Be it enacted ﬁy Me People of [be Sta/e of New York, represe/zz‘ed in
Senate and Assemﬁly, and i2‘ is lzereﬁy e/zaeled ﬁy z‘lze aaz‘lzoriiy of l/ze same,
That the above named persons shall be, and they are hereby respectively
naturalized, and shall from and after having taken and subscribed, in
any court of record within this State, the oath of allegiance to this
State, and abjured and renounced all allegiance and subjection, to all
and every foreign king, prince, potentate and state, in all matters eccle-
siastical, as well as civil, be deemed citizens of this State, to all intents
constructions and purposes whatsoever. And that the court in which
any of the persons herein before mentioned, shall be admitted to take
such oath, shall cause an entry thereof to be made in the minutes of
the said court ; and shall give a certiﬁcate to such persons respectively,
purporting, that such person hath been admitted to such oath in the
said court, in pursuance of this act; and such person, upon taking such
oath, shall respectively pay to the judges of such court six shillings, and
to the clerk thereof three shillings. Provided always,
And ﬁe iz‘ furz‘lzer e/zaez‘ed ﬁy l/ze aziz‘lzorizjl aforesaid, That such of the
persons above named and hereby naturalized as shall not take the oath
of allegiance and abjuration aforesaid, in manner hereinbefore directed,
within twelve calendar months next after the passing of this act, shall
have no manner of beneﬁt by this act; anything herein contained, to
the contrary notwithstanding.
And 'zr/lzereas it appears to the legislature, that several of the said
persons have unadvisably made purchases of lands and tenements in this
State, and have prayed relief inthe premises. Therefore,
Be ii‘ furz‘lzer enaeled ﬁy z‘lze aziZ/zorizfy aforesaid, That any lands, tene—
ments or hereditaments purchased within this State, previous to the
passing of this act, by any of the persons herein before mentioned,
shall not, on account of such purchase being previous to the passing of
this act, escheat to the people of this State ; but shall vest in such pur-
chaser, or persons holding under him or her, in the same manner as if
such purchaser had been naturalized at the time of such purchase ; any
thing in any law to the contrary hereof notwithstanding.
CHAP. 92.] TENTH SESSION.
557
CHAP. 92.
AN ACT to amend an act, entitled An act to regulate the militia.
PASSED the 18th of April, 1787.
Be it enacted Ziy the People of i/ze State of [Veto Yor/e, represented in
Senate and Assem/i/y, and ii is /zere/2y eizaezfed [1y i/ze aai/iorizy of i/ze same,
That it shall and may be lawful to and for the brigadier or commanding
ofﬁcer of any brigade, and the commanding ofﬁcer of any regiment, not
annexed to any brigade, respectively, if he shall deem it expedient, to
direct the light infantry of such brigade or regiment, to uniform them-
selves in rifle frocks and over alls.
A2107 ve ii‘ fari/ier enacted by i/ze aai/ioriiy aforesaid, That instead of
the annual training by brigades, directed in and by the said act, entitled
An act to regulate the militia, it shall and may be lawful for one or more
of the regiments of any brigade, if the brigadier or commanding ofﬁcer
of the brigade shall direct it, to rendezvous seperately at such of their
regimental parades as shall be designated in' brigade orders for that
purpose ; at which parades, the adjutant general shall attend and per—
form the duties enjoined on him in and by the said act, with respect to
the brigades. That the light infantry companies of such regiments as
may be excused from attending at the brigade parade, shall rendezvous
with their respective regiments, and shall, together with the cavalry and
artillery companies of such brigade, perform the like duties, as are in and
by the said act required, unless otherwise directed by the brigadier or
commanding ofﬁcer of the brigade.
Provided, that instead of the light infantry, cavalry and corps of artil-
lery continuing four days in service, they shall not be compelled to con-
tinue together any longer than the other militia.
And'zv/zereas disputes have arisen respecting the rank of commissioned
ofﬁcers of the same grade, appointed on the same day; and the mode
prescribed in and by the said act, is, in many cases found inexpedient,
and productive of inconveniences. Therefore
Be iz‘ farZ/ier eiiaez‘ed [2y i/ze aai/iorizy aforesaid, “ That instead of the
rank of ofﬁcers of the same grade being determined by the numbering
of their commissions, as directed in and by the act hereby to be
amended” it shall and may be lawful to and for the commander in
chief, from time to time, whenever he shall deem it necessary, to appoint
a board of ofﬁcers, consisting of not less than three, to determine and
report to him respecting any dispute concerning rank, which shall or
may have arisen; which report, being approved by the commander in
chief, shall establish such disputed rank, according to the determination
of such board.
Arid ﬁe i2‘ farZ/zer e/zaez‘ed [1y i/ze az/i/zoriiy aforesaid, That the ﬁfth
Section of the said hereby amended act, shall be, and the same is hereby
repealed.
Arid ﬁe ii fzzri/zer eizaeied éy i/ze aai/zorizj/ aforesaid, That when, and as
often as forty men of the enrolled militia in the city and county of New
York, (excepting such as shall be enrolled in the cavalry, artillery or
light infantry) shall incline to arm, accoutre and uniform themselves, as
a company of grenadiers, it shall and may be lawful to and for the
brigadier, or ofﬁcer commanding the brigade, within the limits of which
any such company shall be inclined to form, to direct such company to
be formed, and to be ofﬁcered by such captain, lieutenant and ensign of
Light
infantry,
uniform of
Brigadier
may direct
annual
training
to be by
regiments.
Relative
rank of
ofﬁcers,
how de-
termined.
Grena—
diers, for-
mation of
companies
of. in New
York city.
558
LAWS OF NEW YORK. [CHAR 93.
Company
ofﬁcers to
reside
Within
theirbeats.
Fines, how
disposed of
Preamble.
the regiment in which such company shall be proposed to be formed as
a majority of the ﬁeld ofﬁcers of such regiment shall choose for that
purpose. And every such company so formed, shall be considered as
one of the companies composing such regiment, and after such estab-
lishment thereof, be armed, accoutred and uniformed, as grenadiers, and
do and perform the like services, and be subject to the penalties, as are
directed and prescribed in and by the act hereby amended, respecting
the light infantry.
And be iz‘ fari/zer eaaeied by Me aal/zoriiy aforesaid, That all captains,
lieutenants and ensigns of the enrolled militia (except in the cities of
New York and Albany) who shall be hereafter appointed, shall reside
in the beats of the respective companies, to which they are appointed.
And be if fi/rl/zer eaaeied by Me aal/zorizii’ aforesaid, That all ﬁnes
which shall be imposed in any regiment, corps, company or troop, shall
be paid into the hands of the paymaster or person acting as such of such
regiment, corps, company or troop, and be paid and appropriated, by
warrant under the hands of a major part of the ﬁeld ofﬁcers, or the com-
manding ofﬁcer of the corps, or captain, or commanding ofﬁcer of the
company, or troop, as the case may be, for the purposes of providing
colours, drums and ﬁfes, for their respective regiments, corps, companies
and troops, and for the purchasing and providing arms and accoutre-
ments, for such of the men, of the same respective regiments, corps,
companies and troops, as are, or shall be unable to furnish and provide
themselves therewith; and that it shall be the duty of the paymaster, or
person acting as such, of each respective regiment, corps, company or
troop, once in every year, to render an account to the brigadier or ofﬁ-
cer commanding the brigade, of all his receipts and expenditures in
pursuance of this act.
And be if farl/zer e/zaeied by Me az/iboriij/ aforesaid, That the provi-
sion contained in the seventeenth section of the said act, entitled “An
act to regulate the militia” and the proviso thereto annexed relative to
persons who have served as ofﬁcers in the line of the army of the United
States, during the late war, is hereby extended to all ofﬁcers who have
heretofore served in the militia of this State or in the militia of the late
colony of New York.
CHAP. 93.
AN ACT for the relief of Theodosius Fowler and others.
PASSED the 18th of April, 1787.
\VHEREAS all the real and personal estate of jonathan Fowler
deceased, hath, by his conviction in pursuance of the act entitled “An
act for the forfeiture and sale of the estates of persons, who have
adhered to the enemies of this State, and for declaring the sovereignty
of the people of this State, in respect to all property within the same,”
been forfeited to and is now vested in the people of this State. And
'zv/zereas Theodosius Fowler and George Fowler, two of the sons of the
said jonathan Fowler, and john johnson who intermarried with Abigail
one of the daughters of the said jonathan Fowler, have presented a
petition to the legislature, setting forth, that they have in the course of
the late war, been well attached to the freedom and independence of
the United States of America, and have borne arms in support of the
same; and the said jonathan Fowler died, leaving four helpless chil-
can). 93.] TENTH SESSION. _ 559
dren, who now depend upon the said Theodosius Fowler, George F ow-
ler and john johnson for their subsistence; and praying the legislature
to vest the said estate in them, and the other children of the said jona-
than Fowler deceased; the prayer of which petition, the legislature deem
it reasonable to grant; Therefore
Be 2'! eizaez‘ea7 ﬁy Me People of Me Sz‘az‘e 0f New Yer/e, represented in Forfeited
Senate and Assemﬁ/y, and z‘! is ﬁereﬁy e/zaez‘ea’ ﬁy z‘lze aaf/wrz'zfy 0f t/ze same, estate 0‘
. Jonathan
That all the real and personal estate, of the said jonathan Fowler FOWler_
deceased, forfeited to, and vested in the people of this State by his conviction, in pursuance of the act aforesaid, shall be, and hereby is
vested in his children Theodosius Fowler, George Fowler, Alexander
Fowler, Abraham Fowler, Abigail johnson the wife of the said john
johnson, Mary Daft the wife of Thomas Daft, Margaret Fowler, and
Levina Fowler, their heirs and assigns, as tenants in common, and not
as joint tenants; and that it shall and may be lawful for the said Theo-
dosius Fowler, George Fowler, Alexander Fowler, Abraham Fowler,
john johnson and Abigail his wife, Thomas Daft and Mary his wife,
Margaret Fowler and Levina Fowler, and the survivors and survivor of
them, in their names, to demand, sue for, recover and receive, all such
debts, and other personal property, as may be due and belonging to the
said estate, and that if any, or either of the said Theodosius Fowler,
George Fowler, Alexander Fowler, Abraham Fowler, john johnson and
Abigail his wife, Thomas Daft and Mary his wife, Margaret Fowler and
Livina Fowler, shall depart this life pending any suit or suits by them
brought, for recovery of any debt, or other personal property, due and
belonging to the said estate, such suit or suits shall not abate by reason
of the said death or deaths, but it shall and may be lawful for the sur-
viving plaintiffs or plaintiff in the said suit or suits, to prosecute the
same judgment, and to have execution thereon.
Provided, that nothing in this clause of this act contained, shall be
deemed to extend to any debts, or monies which may have been paid
into the treasury of this State, pursuant to the resolution of the commit-
tee of safety of this State, of the ﬁrst day of March one thousand seven
hundred and seventy seven, or pursuant to any law of this State.
Ana’ ﬁe z'z‘ fart/ler eizaefea’ ﬁy z‘ﬁe aaZ/zﬁrz'zji/ afuresaz'a’, That the said Heirs
Theodosius Fowler, George Fowler, Alexander Fowler, Abraham FoW- 3,23%,
ler, john johnson and Abigail his wife, Thomas Daft and Mary his git-58$ of
wife, Margaret Fowler and Livina Fowler, and their respective heirs 6 ts‘
shall be, and hereby are charged with the payment of all debts and
demands due from the said estate, to the value of the said estate, which
shall come to their hands respectively, and no further; and that the
parol shall not demur by reason of the infancy of either of the defend-
ants, in any suit or suits, which may be brought against the said Theo-
dosius Fowler, George Fowler, Alexander Fowler, Abraham Fowler,
john johnson and Abigail his wife, Thomas Daft and Mary his wife,
Margaret Fowler, and Livina Fowler or their respective heirs, for
recovery of any debt or demand due from the said estate.
And ﬁe z'z‘ farZ/zer eizaez‘ea’ ﬁy z‘ﬁe azez‘lzorz'z‘y aforesaid, That the estate Forfeited
of Benjamin Close, lately of the county of \Vest Chester deceased, gigging,
forfeited to the people of this State, by the conviction of the said Close _
Benjamin Close, be, and the same is hereby vested in jesse Trus— $333815“
dale, Benajah Starr and David Smith, and their heirs, upon trust, in the for pur‘
. , . DOSES
ﬁrst place, to pay the debts due from the said Benjamin Close, and named.
after payment thereof, to divide and apply the residue of the said estate,
to, and among the persons following; one third thereof to, and among
the children of Mary Reynolds deceased, wife of Sylvanus Reynolds,
560
LAWS OF NEW YORK. [CI—IA P. 93.
Heirs, etc.,
of Edward
Stevenson
discharged
of a certain
mortgage.
and daughter of the said Benjamin Close, deducting thereout, so much
as may be equal to two third parts of any portion or advancement. given
or made by the said Benjamin Close, to the said Mary, if any such por-
tion or advancement there was; and the other two third parts thereof,
together with the amount of such deduction, if any there be, to and
among the children now living of the said Benjamin Close, except his
two sons Benjamin Close and Abraham Close.
Bron/ded always, that one third part of the produce of the said resi-
due of the said estate, after payment of debts, shall be applied by the
said trustees, the survivors and survivor of them, or the heirs of such
survivor, to the use of the widow of the said Benjamin Close deceased,
during her natural life. And the better to enable the said trustees, to
execute the trust hereby reposed in them, they are hereby empowered,
at their discretion, to demise, sell, or otherwise dispose of, the said estate;
andthe monies arising from such sale, to put at interest or otherwise, in
such manner as shall appear to them most for the beneﬁt and advantage
of the parties interested in the said estate.
And a'lzereas Edward Stevenson, late of the borough town and county
of \Vest Chester, and late Colony of New York Yeoman deceased, in his
life time, by his bond or obligation, hearing date the sixth day of August,
in the year of our Lord one thousand seven hundred and sixty eight,
became bound to james jauncey, then of the city of New York, mer-
chant, for the payment of one thousand ﬁve hundred pounds, lawful
money of the late colony of New York; and for the better securing the
payment thereof he the said Edward Stevenson and Gloriana his wife,
did mortgage his farm at Frogs Neck, in the county of West Chester
aforesaid, to the said james jauncey in fee.
And whereas it appears to the legislature that the said james jauncey
during the late war between the United States of America and the King
of Great Britain, received, at different times, of the estate of the said
Edward Stevenson divers sums of money to the amount of the said
bond. Therefore
Be it fart/ter matted ﬁy t/ze aat/zorizj/ aforesaid, That as well the
heirs, executors and devisees of the said Edward Stevenson, and each
and every of them, as the said farm and lands so mortgaged to the said
james jauncey, shall be, and hereby is and are released, acquitted and
for ever discharged of and from the said bond and mortgage, and of
and from all actions, suits and demands whatsoever, for by reason or
on account of the same bond and mortgage, or either of them.
And zcI/zereas Goldsbrow Banyar and Hugh Wallace, did on or about
the third day of june in the year of our Lord, one thousand seven hun-
dred and seventy ﬁve, sell and convey in fee simple, unto William john-
ston, then of the county of Albany clerk, all that certain parcel of land,
part of a larger tract, granted by letters patent to Alexander Wallace
and others, the sixteenth day of june, in the year one thousand seven
hundred and seventy, situated on the southerly side of the Susquehanah
river, comprehending the lots, number seventy, number seventy one,
number seventy two, and number seventy three, beginning on the bank
of the said river, at the fence made between john Glassford junior, and
William johnston, and runs thence south one hundred and eighty chains.
and ﬁfty links, to the out line of the patent, near a hemlock corner,
marked sixty nine, seventy; thence along the said line west, ﬁfty nine—
chains; thence north seven degrees and ﬁfteen minutes east, one hun~
dred and eighteen chains and ﬁfty links, to the aforesaid river; thence
up the stream thereof to the place of beginning; containing ﬁve hun-
dred and seventy two acres, and one half, be the same more or less.
CHAP. 93.] TENTH SESSION.
And zv/zereas the said William johnston paid part of the consideration
money for the said land, and executed a bond and mortgage of the same
land to the said Goldsboro Banyar and Hugh Wallace, to secure the
payment of the residue thereof, being one hundred and fourteen pounds
and eight shillings. And zv/zereas all the estate, both real and personal
of the said Hugh Wallace, is vested in the people of the State of New
York, by the attainder of the said Hugh Wallace; and VV'itter johnston,
son and heir of the said William johnston, hath paid to the treasurer of
this State, for the use of the State, the part and share of the monies
which was due to the said Hugh \Vallace on the said bond and mort-
gage.
Arzd v’I/iereas it is represented to the legislature that the conveyance
from the said Goldsbrow Banyar and Hugh Wallace was burnt upon the
destrtlction of Cherry Valley, in the late war. Therefore,
Be ii fari/zer erzaeied by ﬁle aai/zoriz‘y aforesaid, That all the estate,
right, title, interest, claim and demand whatsoever, both "in law and
equity, of the people of the State of New York, of, in and to, or out of the
said parcel of land, so sold and conveyed to the said William johnston,
and of, in and to, or out of any part or parcel thereof, with the appur-
tenances, by means of the attainder of the said Hugh W'allace, shall be,
and hereby is granted, released and conﬁrmed, to the heirs and devi-
sees, of the said William johnston deceased, and to their heirs and
assigns forever.
And be ii‘ fziri/zer eizaeied by i/ze aai/zorizjr aforesaid, That all the estate,
right, title, interest, claim and demand, of the people of the State ofK
New York, of, in and to, a certain farm or plantation, in the Eike
Bosch, in the district of Kinderhook, in the county of Columbia, forfeited
to the people of this State, by the conviction of Andries Kettle, late of
Kinderhook deceased; shall be, and hereby is granted to Catherine
Kettle, Widow of the said Andries Kettle and to her heirs and assigns
for ever, she paying all debts contracted by her said husband, prior to
the time of his having adhered to the enemies of this State.
And rv/zereas the estate of james Lamb late of Haverstraw in the
county of Orange, hath, by conviction of the said james Lamb, become
forfeited to the people of this State. And w/zereas jacob Waldron and
Catharine his wife, and john Waldron and Elizabeth his wife the said
Catharine and Elizabeth being daughters of the said james Lamb, have
by their petition to the legislature, set forth, that the said jacob Waldron
and john Waldron, being zealously attached to the freedom and inde—
pendence of America, upon the approach of the enemy during the late
war, left their habitations and exerted themselves in the public service,
while their estates become a prey to the ravages of the enemy, and
praying that such part of the estate of the said james Lamb, as remains
unsold, may be restored to the heirs of the said james Lamb. A/zd
vv/zereas this legislature are satisﬁedaof the truth of the representation,
and thinks it proper to grant the prayer of the petition. Therefore,
Be ii‘ farz‘ber e/zaeied by i/ze azii/zoriiy aforesaid, That so much of the
estate of the'said james Lamb, forfeited to the people of this State, as
remains unsold and undisposed of, pursuant to any law of this State, be,
and the same is hereby vested in such persons (who if the said james
Lamb were now dead) according to the present law of descents within
this State, would be the lawful heirs of the said james Lamb, as tenants
in common, subject to the payment of the debts of the said james Lamb;
for which purpose, actions may be brought against the said persons, in
the same manner, and with the same effect, as if the said james Lamb
were now dead.
VoL. 2. -— 7r
Estate of
people in
certain
lands re-
leased to
heirs, etc.,
of m.
Johnston.
Id., to
Catherine
ettle.
Id., to
heirs of
James
Lamb.
L’!
LAWS OF NEW YORK. [CHAR 94.
Allowance
of lands to
regiment
of Colonel
Moses
Hazen.
Certain
persons
discharged
of interest.
annual in-
stalinents.
Aizdwlzereas no provision hath heretofore been made, to intitle such
ofﬁcers and soldiers of the regiment, lately commanded by Moses Hazen,
who were inhabitants of this State, to a like allowance of lands, to that
which hath been made to other inhabitants of this State, serving in the
army of the United States. And w/iereas it is equitable that such pro—
vision should be made. Therefore,
Be it fart/ter eizaeied by {be aai/zoriz‘y aforesaid That the ofﬁcers, non
commissioned ofﬁcers and privates, of the regiment aforesaid, who, at
the time of their entering into service in the said regiment were inhabi-
tants of this State, who continued in service until the termination of the
late war with Great Britain, and who have not heretofore been provided
for by any other law, or their legal representatives, shall be entitled to
the same allowance of land, as other ofﬁcers, non commissioned ofﬁcers
and privates, mentioned in the concurrent resolutions of the senate and
assembly, passed the twenty seventh day of March, one thousand seven
hundred and eighty three, are entitled to, by virtue of the said concur-
rent resolutions, and the acts of the legislature pursuant thereto, to be
laid out and located for them, in the tract of land set a part for that
purpose, in and by the twenty ﬁrst section of the act entitled “An act
for the speedy sale of the unappropriated lands within this State, and
for other purposes therein mentioned.”
CHAP. 94.
AN ACT to amend an act entitled “An act relative to debts due
to persons within the enemy’s line's,” and another act entitled
“An act to explain and amend the act entitled An act relative
to debts due to persons within the enemy’s lines'passed 12th
july, 1782.
PAssEn the 20th of April, 1787.
Be it eaaez‘ed by [be People of file Slaz‘e of New York, represented in
Senate and Assembly, and ii is hereby eizaez‘ed by Me aai/zorizfy of Me same,
That all persons, described in the ﬁfth section of the said ﬁrst mentioned
act, and the executors and administrators of such persons, indebted by
simple contract, bill single or penal, or any other obligation, mortgage,
security or demand whatsoever, to any person or persons described in
the said ﬁfth section of the act aforesaid, or to the executors or admin-
istrators of such person or persons, shall be, and hereby are discharged
from any interest, which may have become due upon any such contract,
'bill, obligation, mortgage or securities, since the ﬁrst day of january one
thousand seven hundred and seventy six inclusively, to the ﬁrst day of
May, in the year one thousand seven hundred and eighty six.
Provided, that nothing in this clause contained shall be deemed to
operate as a discharge of any interest, which may have accrued on'any
such bill, obligation, mortgage or other security, executed since the ﬁrst
day of january, one thousand seven hundred and seventy—seven.
And be it furl/zer marred by i/ze azii/zorizy aforesaid, That the said
persons so indebted as aforesaid, their executors or administrators, shall
be obliged to pay the debts, or sums by them owing, (after such deduc-
tion of interest as aforesaid) to the person or persons aforesaid, their
executors or administrators, in the lawful current money of this State, in
three yearly instalments, and not otherwise; to wit, one third part
CHAP. 94.] TENTH SESSION.
.563
thereof, on or before the ﬁrst day of May, in the year one thousand seven
hundred and eighty eight, another third part thereof on or before the
ﬁrst day of May, in the year one thousand seven hundred and eighty
nine, and the other third part thereof on or before the ﬁrst day of May,
in the year one thousand seven hundred and ninety, with interest upon
the amount of such debts, or sums now due (after such deduction as
aforesaid) from the said ﬁrst day of May in the said year one thousand
seven hundred and eighty six; any law, contract or usage to the contrary
thereof in any wise notwithstanding.
Provided always that in case default shall be made in the payment of
either of the said yearly installments, and not sooner, it shall be lawful
for the creditor or creditors, of the person or persons making such
default, to prosecute for his, her or their debt or demand in the same
manner as if this act and the acts herein before mentioned, had never
been passed; but there shall not be levied by virtue of any execution
upon any judgment, sentence or decree, thereupon obtained, any other
or greater sum, than the amount of the installment or installments, with
the interest thereon, in respect to which default shall have been made,
and no foreclosure of any mortgage, shall operate as a bar to any equity
of redemption, ’till after the said first day of May, in the said year one
thousand seven hundred and ninety; but it shall be lawful in every such
case, for the chancellor, to direct a sale of so much of the said mort-
gaged premises, as will be sufﬁcient to satisfy the installment or install-
ments which shall have become due, and the interest thereon.
Prooz'a’ea’ also, that the said time given as aforesaid, for the pay-
ment of such debts or demands, in cases where the creditor or creditors
has or have no mortgage, or other security, upon any lands, tenements
or hereditaments, shall be, and the same hereby is upon the express
condition, that the debtor or debtors, his her or their heirs, executors
or administrators, as the case may be, shall, within six months from the
passing of this act, either give to the creditor or creditors, good real or
personal security for the amount of the debt or demand, to the satisfac-
tion of such creditor or creditors; or shall deposit with, or tender to,
such creditor or creditors, if within this State, and to be found, or if not
within this State, in the hands of the treasurer of State, for the bene-
ﬁt of such creditor or creditors, by way of collateral security, for his,
her or their debt or demand, the full amount of the principal and inter-
est thereof, without such deduction as aforesaid, in the certiﬁcates issued
or to be issued, by the treasurer of this State; in default whereof, it shall
be lawful, for such creditor or creditors, to prosecute for his, her or
their debt or demand, in the same manner, as if this act or the acts
hereby intended to be amended, had never been passed.
Prooz'zlerlfarl/zer, that if such creditor or creditors, shall be willing to
accept the payment of the whole of the principal and interest of his, her
or their debt or demand, without such deduction as aforesaid, in any of
the certiﬁcates or sureties aforesaid, and shall notify the same to his, her
or their debtor or debtors; and if such debtor or debtors shall not make
payment according to such notiﬁcation, within six calender months there-
after; then, and in every such case, it shall be lawful for such creditor
or creditors, to proceed in the same manner, as if this act, or the acts
hereby intended to be amended, had never been passed.
Ana’prooz'dedfarlﬁer, that nothing herein contained shall be construed
to extend to any persons creditors or debtors not comprehended in the
acts aforesaid, except in cases of the assignment of any bond bill obliga-
tion mortgage security or demand whatsoever, made to any person or
Extent of
provision.
‘564
LAWS OF NEW YORK. [CHAR 95..
Id.
ld.
Acts
repugnant
repealed.
Commis-
sioners of
highways
in Albany,
Montgom_
ery and
Columbia.
Roads to
be opened
and ex-
tended to
two rods
injwidth.
Orchards
and gar-
dens.
New road
to be four
rods wide.
Additional
work on
roads in
persons whomsoever, by any person who has remained with, gone into
or was sent within the enemy’s lines during the late war.
And provided fart/ter, that the same shall be deemed to extend to
the executors and administrators of all such persons, being now deceased,
to whom the same would extend, if such person were in full life, whether
the said person died before or since the passing of the said ﬁrst men-
tioned act.
Proziided neoert/zeless, that the same shall not be deemed to extend to
any subjects of the king of Great Britain, comprehended in the treaty of
peace between the United States of America, and the said king.
And ﬁe it fzcrt/zer enacted ﬁy t/ce azct/zority aforesaid, That all such parts
of the said acts last mentioned, as are in any wise repugnant to the true
intent and meaning of this act, be, and the same are hereby repealed.
CHAP. 95.
AN ACT to amend an act, entitled “An act for the better laying
out regulating and keeping in repair, all common and public
high ways and private roads, in the counties of Ulster, Orange,
Dutchess, Washington, Westchester, Albany and Montgom-
ery.
PASSED the 20th of April, 1787.
Be it enacted ﬁy tlze People of tlze State of New Yorle, represented in
Senate and Asseinﬁly, and it is lzereﬁy enacted ﬁy t/ce ant/zorizjv of the sanze,
That the justices of the city and county of Albany, and counties of
Montgomery and Columbia respectively, shall, at the next general ses-
sions of the peace in and far the said counties respectively, which shall
be held after the ﬁrst Tuesday of September next, or at any general ses-
sions of the peace within six months thereafter, appoint for each town
in such counties, instead of the commissioners directed to be elected by
virtue of the said agt hereby intended to be amended, of the freeholders
actually residing in such towns, not more than ﬁve, nor less than three
commissioners of the highways.
And ﬁe it fart/ter enacted ﬁy t/ze aut/zority aforesaid, That it shall be,
and it is hereby expressly made the duty of the commissioners of high-
ways, in every town in the said counties, to cause all public roads in
such respective counties, to be opened and extended, within six months
after the passing of this act, to the breadth of two rods at the least; and
that no compensation shall be made to any proprietor or proprietors of
any land which such roads shall include, in consequence of such open-
ing or extension.
And ﬁe it fzcrtﬁer enacted ﬁy tlze ant/torily aforesaid, That it shall and
may be lawful to and for the commissioners of the highways, to lay out
across or through any garden or orchard, any public road or highway,
unless such orchard shall be of the growth of at least four years, or such
garden shall have been cultivated as such, at least four years, before
such road or highway shall be laid out.
And ﬁe it further enacted ﬁy the authority aforesaid, That all public
roads or highways hereafter to be laid out by virtue of the act hereby
amended, shall be four rods wide at the least.
And ﬁe it further enacted ﬁy the authority aforesaid, That whenever any
road district in the counties of Albany, Montgomery and Washington,
CHAP. 95.] TENTH SESSION.
565
shall require a greater number of days work to make or repair any of
the roads, in any of the said counties, than are or shall be rated on the
inhabitants of such road district, by the commissioners at their annual
meeting, agreeable to the directions contained in the ﬁfth section of the
act hereby amended, that then and in such case, it shall and may be
lawful, for the overseers of any such road district, to cause the several
persons on his list named, to work a further number of days, in propor-
tion to the number of days such persons shall have been respectively
rated, as aforesaid; any thing in any former law to the contrary not-
withstanding.
Aad w/zereas in and by the act hereby intended to be amended, no
provision is made in cases where any dispute may arise about the roads
between adjoining counties; for remedy whereof.
Be i2‘ erzaez‘ed by i/ze aai/zoriz‘y aforesaid, That whenever any dispute
shall arise about any road, leading or extending, or intended to extend
from one county into another county, it shall and may be lawful for the
commissioners of the highways in the town aggrieved, to apply to any
one justice of the peace of the county, who is hereby required to issue
his precept, directed to the sheriff of such county, requiring and com-
manding him to summon twelve freeholders, not interested in the road
so in dispute, to be and appear before him at a time and place to be‘?
mentioned in such precept; and the said justice shall give notice in
writing, under his hand, to some one justice of the peace in the adjoin-
ing county, with which the dispute subsists, who is also hereby required
to issue his precept to the sheriff of such county, who shall also sum-
mon twelve sufﬁcient freeholders as aforesaid; and the .said justices
shall agree on a day certain, (not more than twenty, nor less than ﬁve
days) from the date of such precept, when and where they shall meet ;
and the said justices, freeholders, commissioners and sheriff, being so
met, the said justices shall proceed to draw, by ballot, six of such free-
holders out of each twelve so summoned from the two counties; and
when six men from each list shall be so drawn, and sworn by one of
the justices, well, truly and impartially, to determine the matter in dis-
pute, respecting the most convenient place for such road to cross the
line- which divides such counties, they shall be one jury, notwithstand-
ing they are summoned from different counties ; and such jury, together
with the two justices, the commissioners and sheriff, shall proceed to
view the road so in dispute, and when the said jury shall have carefully
viewed the premises aforesaid, and heard the proofs and allegations of
the contending parties, they shall go together in some convenient place,
and after any nine or more of them shall agree on a verdict, they shall
deliver the same, in writing, under their respective hands and seals, to
the said justices, who shall also subscribe the same ; which verdict shall
be lodged in the ofﬁce of the clerk of such county, where the complaint
was ﬁrst made, there to be entered of record; and the said justices
shall make two other copies of the said verdict, and shall deliver one
of them to the clerk of one town, and the other to the clerk of the
other town, through which the said road shall be so established in the
different counties, between which such dispute did subsist; and the
clerks of such towns, shall respectively, enter the same in the records
of such towns; after which it shall be the duty of the commissioners
in the respective towns, to open such road agreeable to the verdict of
the jury aforesaid, and cause the same to be repaired, as other public
roads in an such county are repaired.
ProvideagrThat this_clause shall only extend to the counties of Albany,
Washington and Montgomery.
countie
named .
Disputes
over roads
running
from one
county into
another.
Extent of
clause.
566
LAWS OF NEW YORK. [CHAR 96.v
Penalty for
neglect of
duty by
public
ofﬁcer.
Preamble.
And ﬁe z'z‘ fart/267' marred éy Z/Ze azzf/zorz'zfy aforesaid, That if any us-
tice, commissioner, sheriff or other person, shall neglect or refuse, to do,
execute or perform, any of the duties hereby enjoined on him, 01 them,
by this act, such person or persons, shall respectively, forfeit the sum
of two pounds, to be recovered by any overseer of the highways, in the
town where such default shall have been, before any justice of the
peace, in either of said counties with costs ; and when recovered to be
applied towards repairing the public roads, in the town where such
neglect or refusal shall have happened, in the manner directed in and.
by the act hereby amended.
CHAP. 96.
AN ACT for partition of the lands therein mentioned, among the
devisees of John Bradstreet and Martha Bradstreet, in the pro-
portions directed by their respective wills, and for other pur--
poses therein mentioned.
PASSED the 2oth of April, 1787.
WVHEREAs two certain letters patent, have lately been issued, under the
great seal of this State, bearing date the twelfth day of January 1786; for
granting two certain tracts of land therein described, to Agatha Evans,
the wife of Charles John Evans, Elizabeth Livius, wife‘ of Peter Livius,
and Samuel Bradstreet and Martha Bradstreet, children of Samuel Brad-
street deceased, which tracts of land, are also described in an act passed
the ﬁfth day of May last, entitled “An act to enable Charles John Evans
and Agatha his wife, to make the conveyance therein mentioned.” Ami
whereas, in pursuance of the said act the said Charles John Evans and
Agatha his wife, have made such conveyance and grant of ten thousand
acres, parcel of the said two tracts of land, as in and by the said act
they were impowered to make. And w/zerms, the patentees named in
the said letters patent, ought to have been interested in the lands thereby
granted, in like manner, as they would have been by, and under the
wills of the said John Bradstreet, and Martha Bradstreet his daughter,
if the said lands had been granted to the said John Bradstreet, in his
life time. Ami w/zereas, it is the interest of the State, that its waste lands
should be settled and cultivated, as soon as possible, and it hath been
represented to the legislature, that it would also be for the beneﬁt of all
the said parties, that partition should be made of the residue of the said
lands vested in them the said Agatha Evans, Elizabeth Livius, Samuel
Bradstreet and Martha Bradstreet; but the act for the partition of lands,
does not afford a mode proper for a case, where the parties are inter-
ested in different proportions; and a voluntary partition thereof cannot
be effected, as the said Samuel Bradstreet and Martha Bradstreet, two
of the said patentees are infants. Ana’ w/zereas, a survey and map of
such parts of the said tracts, granted by the said letters patent, as are
still vested in the said patentees, have been made by William Cockburn,
and the same run out and divided into a number of lots, for the purpose
of making partition of the said lands into two parts, equal in quantity
and quality; which lots were entered in two books, ready to be ballotted
for, upon such partition. Ana’ whereas, there is a certain gore or nar-
row piece of land adjoining to the said tracts of land, granted by the
said letters patent, and bounded as follows, that- is to say, beginning
upon-the west branch of Delaware river, where the line of property
. ‘l
_ CHAP. 96.] TENTH SESSION. 567
between this State, and the State of Pensylvania, touches the said
river; and running from thence along the boundary line, between this
State and Pensylvania, to the mouth of Unadilla branch of the Sus-
quehanna river; thence up the said Unadilla, to the land granted to
Alexander Wallace and others; and thence along the West bounds
thereof, and of the lands granted to the said Agatha Evans and others,
to the place of beginning. Ana’ wlzereas it appears to the legislature,
that the said gore ought upon the same equitable principles, on which
the letters patent herein before mentioned were founded, to have been
granted to the devisees of the said john Bradstreet and their represent-
atives, but that by mistake, it was not included in the letters patent
aforesaid, which mistake the legislature are disposed to rectify. There-
fore,
Be it enactea’ ﬁy the People of z‘ﬁe Sz‘az‘e of JVew York, represented in Goyeriior
Sezzaz‘e and Assemﬁly, and it zs lzereﬁy lerzaez‘ea’ ﬁy z‘ﬁe azlz‘ﬁoez'zfy of the same, {gigging
That it shall and may be lawful for the governor of this State, for the ent to
time being, by letters patent under the great seal of this State, to grant 33323?
the said gore or narrow piece of land, to the said Agatha Evans, Eliza-
beth Livius, Samuel Bradstreet and Martha Bradstreet, in fee, in the
usual manner, upon payment of the sum of one shilling for each acre
thereof, in any public securities receivable upon the sale of conﬁscated‘
property. '
Ana’ ﬁe z'z‘ fzerz‘lzer erzaez‘ea’ ﬁy z‘lze azez‘lzorz'ly aforesaz'a’, That William Commis-
Maxwell, Daniel McCormick and Richard Harison, all of the city of 2132112519.
New York, shall be, and they are hereby nominated and appointed, $15132“
commissioners for dividing all and singular the said two tracts of land, '
mentioned in the said letters patent, (except such part thereof as has
already been conveyed to William Walton and Gerard Walton) and also
for dividing the said gore, between the said Agatha Evans, Elizabeth
Livius, Samuel Bradstreet and Martha Bradstreet, in a fair and equit-
able manner, according to their respective interests in the same, under
the wills of the said john Bradstreet, and his daughter Martha Brad-
street deceased. And that the said commissioners shall and may, in
dividing the said tracts already granted, make use of the said survey
and books heretofore made and performed by William Cockburn for
the use of the said parties; a true copy of which survey and books shall
be ﬁled as well in the ofﬁce of the secretary of this State, as in the ofﬁce
of the clerk of Montgomery county, previous to the said division. And
that the same division may be duly performed, the said commissioners,
or any two of them, shall in the ﬁrst place, make a division of the said
tracts into two parts by balloting for the lots as they are contained in
the said books, in the presence. of one or more of the judges of the
supreme court of this State; and upon such balloting, the said Agatha
Evans, shall be and become seized in fee, in severalty, of all and singu--
lar the lots of land, described in the book drawn for her, in like manner
as if they had been granted to her alone by the said two letters patent;
and the lots of land described in the other book, shall be, and become
the property of the said Agatha Evans, Elizabeth Livius, Samuel Brad-
street and Martha Bradstreet, in like manner, as if they had been granted
in fee, to the aforesaid Martha Bradstreet deceased, in her life time,
according to their several rights, under the said wills.
Ana’ ﬁe if fzerz‘ﬁer ezzaez‘ea’ ﬁy z‘lze aaz‘lzorz'zy aforesaid, That the said ,Sglggivis‘
commissioners or any two of them, shall and may at any time or times moiety of
within the space of six months, from and after the said ﬁrst division so lgg‘jgfalt
to be made as aforesaid, subdivide that moiety of the said tracts of land, Share of
which shall so as aforesaid, fall to the share of the said Agatha Evans, 322235,;
568
LAWS OF NEW YORK. [CHAR 96.
Subdivis-
ion of gore
to be pat-
ented.
Report of
commis-
sioners to
be ﬁled.
Elizabeth Livius, Samuel Bradstreet and Martha Bradstreet, into three
parts, by setting down upon three seperate tickets, the number of such
lots comprising the said moiety, in such a manner, as to make the said
three parts as nearly equal as possible in quantity and quality; which
tickets shall be put into a box, and three other tickets shall be put into
another box, one of them marked with the name of the said Agatha
Evans, another of them marked with the name of the said Elizabeth
Livius, and the third marked with the names of the said Samuel Brad-
street and Martha Bradstreet, and the said tickets shall thereupon be
drawn out of the said boxes alternately, ﬁrst a ticket with the number
of lots, and then the ticket of names, by an indifferent person to be
appointed by the said commissioners, or any two of them, in the pres-
ence of one or more of the judges of the said supreme court; and the
several lots mentioned in the ticket drawn immediately before the ticket,
bearing the name of the said Agatha Evans, shall, upon such balloting,
vest in the said Agatha Evans, in like manner, for the same estate, and
subject to such limitations, and contingencies, to the said Elizabeth
Livius, as in and by the last will and testament of the said Martha
Bradstreet, are expressed; as to the one third part of her estate, so as
aforesaid devised, to the said Agatha Evans. And in like manner, the
lots mentioned in the ticket, drawn immediately before the ticket, bear-
ing the name of Elizabeth Livius, shall be vested upon such balloting,
in the said Elizabeth Livius, in like manner, as she would‘ be entitled,
to the one third part of the real estate of the said Martha Bradstreet
deceased, by virtue of her last will and testament aforesaid, subject to
the contingent right of the said Agatha Evans, in the same. And the
several lots mentioned in the ticket drawn immediately before the ticket,
bearing the name of the said Samuel Bradstreet and Martha Bradstreet,
shall be vested in them upon such balloting; in the like manner, and
subject to the same limitations, in favour of the said Agatha Evans and
Elizabeth Livius, as the one third part of the real estate of the said
Martha Bradstreet, is, in and by her will, devised to them.
And ﬁe it furl/cer enacted ﬁy t/ze ant/zority aforesaid, That the said
commissioners or any two of them, shall cause the said gore, when
granted as aforesaid, to be surveyed and divided by a surveyor, to be
by them nominated and appointed, into six lots, as nearly equal in quan-
tity and quality as possible; a copy of which survey, subscribed by the
said commissioners, or any two of them, shall be ﬁled in the said secre—
tary’s ofﬁce; and another copyin the ofﬁce of the clerk of Montgomery
county aforesaid; and the said commissioners or any two of them, after
such survey made and ﬁled as aforesaid, shall, in the presence of one or
more of the judges of the supreme court, as aforesaid, proceed to divide
the said lots, by ballot, as nearly as possible, in the manner herein before
prescribed; and upon such balloting shall cause three of the said lots,
to be ﬁrst drawn, for the said Agatha Evans, who shall thereupon be
solely seized thereof in fee; and the other three lots, shall be drawn
against the names of the said Agatha Evans, Elizabeth Livius and Sam-
uel Bradstreet and Martha Bradstreet, who shall respectively upon such
balloting, have such estates in the said three lots, as they respectively
are by virtue of this act to have in their several proportions of the moiety
of the lands already granted, which is so as aforesaid to be divided
between them.
And ﬁe it furtlzer enacted ﬁy the authority aforesaid, That the said com-
missioners or any two of them, shall make and set down in writing, all
their proceedings respecting the said balloting and partition; one copy
whereof, certiﬁed under the hands of the said commissioners, or any two
‘CHAP. 97.] TENTH SESSION. 569
of them, and under the hands of the judges present, at such division,
shall be ﬁled in the said secretary’s ofﬁce; and another copy thereof,
certiﬁed in like manner, shall be ﬁled in the ofﬁce of the clerk of
Montgomery county; either of which same certiﬁed proceedings, or an
attested ofﬁce copy thereof, shall for ever thereafter be good evidence
of such partitions.
Ana’ [2e 22‘ farz‘lzer enaez‘ea’ by i/ze aaz‘lzorz'ly aforesaid, That the expences Expenses
of the said divisions, shall be borne and paid by the several persons,
interested in the said tracts of land, in the following proportions, that Paid.
is to say, seven twelfths parts thereof by the said Agatha Evans, three
twelfths parts thereof by the said Elizabeth Livius, and two twelfths
parts thereof by the said Samuel Bradstreet and Martha Bradstreet
equally.
CHAP. 97.
AN ACT to regulate the circulation of copper coin.
PASSED the 20th of April, 1787.
Be it enaez‘ea’ éy t/ze Peep/e 0f Z/ze Stale 0f New Yer/e, represem‘ea’ 2'22 Copper
Senate am’ Assemé/y, aiza’ 2'2‘ 2'5 Izerely/ e/zaez‘ea’ [1)/ Me aaZ/zorz'fy 0f Z/ze same, Sv‘gling'ht and
That from and after the ﬁrst day of August next, no coppers shall pass value-
current inthis State, except such as are of the standard and weight of
one third part of an ounce averdupois, of pure copper, which coppers
shall pass current at the rate of twenty to a shilling of the lawful current
money of this State, and not otherwise.
Ana’ be it fart/lee enaetea’ ﬂy the auz‘lwrz'z‘y aforesaid, That if any person Penalty for
or persons, shall after the said ﬁrst day of August next, offer in payment ggggggt‘"
any copper coin, other than of the standard and weight aforesaid, such Cﬁpper
copper coins shall be liable to be seized, and shall be forfeited to the $32,525
use of the person or persons who shall seize the same. And it shall be 23255;”
lawful for any person or persons, to whom such offer of payment shall '
be, to seize and take such copper coin; and the person or persons mak-
ing such seizure, shall forthwith give information thereof, and shall
deliver the coppers so seized to some justice of the peace of the city or
county in which such seizure shall have been made; and the said cop-
pers shall remain in the custody of such justice of the peace, for the
space of ten days; and if not claimed within that time, shall be adjudged
to be forfeited, and shall be returned to the person or persons who
delivered the same to such justice of the peace. And the person or
persons seizing such coppers shall on the request of the person or per-
sons offering the same payment, give information of the name of the
justice to whom the shall have been delivered. And in case the said
coppers should be claimed, and the legality of the seizure controverted,
it shall be lawful for such justice to hear and determine the same, in a
summary manner; provided the sum for which such coppers shall have
been offered in payment, do not exceed the sum of forty shillings; but
if the same shall exceed the sum of forty shillings, then the said justice
of the peace, if either of the parties require it, shall take to his assist-
ance two able and sufﬁcient freeholders, who, under oath, shall with
said justice summarily hear and determine the said claim and contro-
versy, and their judgment in the case shall be ﬁnal between the parties.
And the said justice shall, after such determination, deliver the coppers
deposited with him, to such of the said parties as shall be adjudged
VOL. 2.-- 72
P4
0
70
LAWS OF NEW YORK. [CHAR 98
Act not to
extend to
coin struck
by United
States.
Penalty for
attempting
to pass
base metal.
Prisoners
conﬁned
for debts
to be dis-
charged.
Persons
discharged
not to be
again con—
ﬁned for
same cause
to be intitled to the same, according to the true intent and meaning of
this act. i
Provided that nothing in this act contained, shall be construed to
extend to any copper coin to be struck by the United States of America
in Congress assembled.
A 72d a 2'2‘ farz‘lzer e/zaez‘ed by t/ze aaZ/zorz'zjl aforesaid, That if any person‘
or persons shall pass, or Offer to pass in payment, any'coppers of base
metal, or of a standard or weight different from that which is hereby
permitted to pass, knowing the same to be of such base metal, or of such
different standard or weight, such person or persons shall forfeit ﬁve
times the value of the sum, for which such coppers shall be so offered
or passed in payment, to be recovered with costs of suit, before any
justice of the peace, by any person that will sue for the-same; which-
justice is hereby fully impowered and required summarily, to hear and
determine the same, and to award execution thereupon, if the said for-
feiture shall not amount to more than six pounds current money of this
State; but if such forfeiture shall amount to more than that sum, then
to be recovered with costs of suit, in any court of record within this
State, by action of debt, bill or information; in either case, to the use
of the person or persons who will sue for the same.
CHAP. 98.
AN ACT for the relief of insolvent debtors, with respect to the-
imprisonment of their persons.
PASSED the 20th of April, 1787.
Be 2'2‘ erzaez‘ed [2y Z/ze Pearle 0f Z/ze Sz‘az‘e 0f 1V e'zr/ Yark, represezzz‘ed z'rz
Seattle and Assembly, and 2'2‘ is hereby e/zaez‘ed Zly Z/ze aaf/wrz'z‘y 0f Z/ze same,
That all and every person and persons, now conﬁned in any gaol within
this State upon execution, or upon any other writ or process, or by vir-
tue of any judgment or order of any court of record, or warrant from
any justice of the peace, for any debt or debts, or sum or sums of money,
or ﬁne or fines, or forfeiture or forfeitures, not exceeding in the Whole
the sum of ﬁfteen pounds exclusive of costs, shall be discharged from
such imprisonment; and the sherif, gaoler, or keeper of the gaol in which
any person is 'conﬁned as aforesaid, shall upon notice of this act, dis-
charge such person out of custody, if detained for such debt, sum of
money, ﬁne or forfeiture, and for no other cause. And no such gaoler
shall be liable to any action of escape, or other suit or information upon
account thereof. And if any action, suit or information, shall be brought
or exhibited against any such sheriff or gaoler, for or on account of such
discharge, such sheriff or gaoler, may plead the general issue, and give
this act in evidence; and if the plaintiff shall be non suited, or discon-
tinue his or her action, or judgment'shall be given against him or her,
upon a verdict or demurrer, the defendant shall have treble costs.
And ﬁe z'z‘ farZ/zer erzaez‘ed 12y Z/ze aaz‘lzorz'zji aferesaz'd, That no person
discharged from imprisonment by virtue of this act, shall at any time
thereafter be imprisoned for the same cause; and if any such person so
discharged shall be arrested for the same cause, it shall be lawful for any
judge of the court, out of which the process shall have issued, to dis-
charge such person out of custody; so as such person do give a warrant
to some attorney of the same court, to appear and plead to such action.
CHAP. 99.] TENTH SESSION.
571
Pro'oz'a’ea’ always, and ﬁe z'z‘ furz‘lzee enaez‘ea’ ﬁy l/ze auz‘lzorz'z‘y aforesaid,
That notwithstanding such discharge, all and every debt and demand, him, for
against such personso discharged, and all and every judgment and
decree had or obtained, or to be had or obtained, against him, or her,
shall stand, and be good and eﬁectual in law, to all intents and purposes‘,
against the lands, tenements, hereditaments, goods and chattels, of such
person so discharged, which he, or she, or any person or persons for
him or her, hath at the time of such discharge, or at any time thereafter
may have, or be in any wise seized of, or entitled to, either in law or
equity, except the arms and accoutrements of such person, and the
necessary wearing apparel and bedding, of himself, and of his wife and
children. And it shall and may be lawful for any creditor of such per-
son so discharged, and at whose suit such person is now confined, and
for the executors or administrators of such creditor, to take out a new
execution, against the lands, tenements, hereditaments, goods and chat--
tles, of such person so discharged, except as before excepted, for the
satisfaction of his or her debt, in such suit, manner and form, as he or
she might have done, if such person had never been taken in execution.
And in case no judgment ‘is obtained by such creditor, against such
person so discharged, then it shall be lawful for such creditor to con-
tinue or prosecute his or her action to judgment, and to take out execu-
tion as aforesaid, against the lands, tenements, hereditaments, goods and
chattels, of such person or persons so discharged, except as before
excepted, for the satisfaction of his or her debt, or damages, and costs
of suit; but the person of such debtor so discharged, shall not be impris-
oned for the same debt or debts, sum or sums of money, ﬁne or ﬁnes,
forfeiture or forfeitures, for which he or she is now conﬁned, or for any
or either of them.
CHAP. 99.
AN ACT for the payment of the salaries of the ofﬁcers of govern-
ment and other contingent charges.
Passer) the rust of April, 1787.
Be 22‘ ezzaez‘ea’ ﬁy Me People of Me Stale of New Yoe/e, repeeserzz‘ea’ 2'12
Se/zaz‘e area’ Assemﬁly, aua7 it is lzereﬁy eaaelea’ ﬁy l/ze aaz‘lzorz'ly of Me same,
That the treasurer of this State shall pay, out of any unappropriated
monies-in the treasury, the sums of money herein after directed, vizt.
To his excellency the governor, for administring the government of
this State, from the ﬁrst day of July last, to the ﬁrst day of july next,
at and after the rate of one thousand ﬁve hundred pounds per annum.
To the person administring the government of this State, for the time
being, to defray the incidental charges which may arise in and about
the administring the government of this State, such sum or sums of
money as he shall from time to time, by warrant under his hand, and
the privy seal of the State, draw from the treasury for the purpose, not
exceeding in the whole the sum of one hundred and ﬁfty pounds.
To his excellency the governor for disbursements on his late journey
to the county of Columbia, at the request of the legislature the sum of
ninety three pounds, eighteen shillings and ﬁve pence.
To the Honorable Robert R. Livingston, Esquire, chancellor, of this
State, for his services in that station, from the ﬁrst day of july last to
the ﬁrst day of july next, at and after the rate of ﬁve hundred pounds
per annum.
Act not to
affect lia-
debt or
execution
against
property.
Annual .
appropria-
tions.
Governor.
Chancellor.
572
LAWS OF NEW YORK. [CHAR 99.
Chief
justice.
Puisne
Justices.
Delegates
[11 Congress
Council of
appoint-
ment.
Members
of legis-
ature.
Secretary
of State.
Id.
Id
Govern or’s
secretary.
Treasurer.
To the honorable Richard Morris, Esquire, chief justice of this State,
for his services in that station, from and to the respective times afore-
said, at and after the rate of ﬁve hundred pounds per annum.
To the honorable Robert Yates and john Sloss Hobart Esquires,
puisne justices of the supreme court of this State, respectively for their
services in that station, from and to the respective times aforesaid, at
and after the rate of five hundred pounds per annum.
To each of the delegates of this State in the Congress of the United
States, at and after the rate of twenty four shillings per day for such
time as they shall have attended or were going to, or returning from
Congress to the respective places of their abode, according to such
accounts as they shall respectively produce, audited by the auditor of
this State.
To the members of the council of appointment, at and after the rate
'of sixteen shillings per day, for their attendance on the council in the
recess of the legislature and for the time of their travelling from and to
their respective places of abode, according to such accounts as they
shall produce, certiﬁed by the clerk of the said council.
To the members of the senate and assembly, for each and every day
they shall have attended in senate or assembly, during the present meet-
ing of the legislature, and for each and every day they shall have been
or may be travelling to and from their respective places of abode, to
the place of the meeting of the legislature, the sum of fourteen shillings
per day each ; such travelling charges to be computed at and after the
rate of thirty miles per day, agreeable to such accounts thereof as they
shall respectively produce, certiﬁed by the president of the senate, or
speaker of the assembly, (as the case may be) and the accounts of the
president of the senate, to be certiﬁed by the clerk of the senate, and
the account of the speaker of the assembly, to be certiﬁed by the clerk
of the assembly.
To the secretary of the State, for attending the legislature during the
present session, for the purpose of receiving the laws and attending the
council of appointment, from the ﬁrst day of july last to the ﬁrst day
of july next, at and after the rate of thirty pounds per annum.
To the said secretary for his services in recording the laws, making
copies thereof with marginal notes for the press, and making copies
by direction of the governor, or of the senate and assembly, and for
engrossing the minutes of the council of appointment, from time to
time, after the rate of one shilling and six pence per sheet, each sheet
to consist of one hundred and twenty eight ‘words, agreeable to such
account thereof as he shall produce, audited by the auditor of the State.
To the said secretary for his extra services, as secretary to the com-
missioners of the land ofﬁce to the time of passing this act, the sum of
forty pounds.
To the secretary to his excellency the governor, at and after the rate
of one hundred and ﬁfty pounds per annum.
And ﬁe it fart/cer enacted ﬁy t/ze ant/torily aforesaid, That it shall and
may be lawful for Gerard Bancker Esquire treasurer of this State, to
retain in his own hands, the sum of ﬁve hundred pounds for his ser-
vices as treasurer from the ﬁrst day of july last to the ﬁrst day of july
next, and the farther sum of seven hundred and seventy three pounds,
eighteen shillings and nine pence for the incidental charges of his office,
from and to the respective times last aforesaid.
And ﬁe it furtlzer enacted ﬁy the authority aforesaid, That the said
treasurer shall pay to the following persons the sums herein after men-
tioned vizt.
CHAP. 99.] TENTH SESSION. 57 3
To Egbert Benson Esquire, attorney general of this State, for his Attorney.
services in that station, from the ﬁrst day of july last to the ﬁrst day of general-
]uly next, at and after the rate of six hundred pounds per annum.
To the auditor of this State, the sum of three hundred and ﬁfty Auditor.
pounds for his services as auditor for one year, ending the twenty third
day of March last.
To Simeon De Witt surveyor general of this State, such sums as shall Surveyor-
be certiﬁed by the auditor of this State to be due to him for his salary, general‘
and the expences of his ofﬁce to the ﬁrst of May next.
To Nicholas Fish adjutant general of the militia of this State, the Adjutant;-
sum of two hundred and ﬁfty pounds in full, for his salary from the general’
thirteenth day of April one thousand seven hundred and eighty six to
the thirteenth day of April instant.
To the collector of the "ustoms for the port of New York, in quar- gonector
terly payments, at and after the rate of ﬁfteen hundred pounds per @150???
annum.
To the collector of the customs for the port Sagg Harbour, at and 1a., atSag
after the rate of ﬁfty pounds per annum. Harbor‘
To the surveyor and searcher, at and after the rate of two hundred Surveyor.
and ﬁfty pounds per annum.
To each of the land and (tide waiters, the sum of ten shillings per Tidewait-
day_ ers.
To Iohn McKesson and Abraham B. Bancker Esquires, clerks of the Clerks 0rd
assembly and senate, each the sum of thirty shillings per day, for their 333331";
respective services during the present session; and also the amount of
such accounts for monies by them respectively advanced for the use of
the assembly and senate, as they shall respectively produce, certiﬁed by
the president of the senate or speaker of the assembly, as the case may
require.
To the doorkeepers of the senate and assembly, at and after the rate Doorkeep-
of sixteen shillings per day, agreeable to such certiﬁcates thereof as ers-
they shall respectively ‘produce, certiﬁed by the president of the senate
or speaker of the assembly, as the case may be.
To the sergeant at arms, at and after the rate of twelve shillings per Sergeant-
day, agreeable to such certiﬁcate thereof as he shall produce, certiﬁed at'al'ms'
by the speaker of the assembly.
To Samuel Loudon, printer to this State, the sum of ﬁve hundred State
and thirty pounds in full for his services in that station including the punter
present year.
To Andrew Moody commissary of military stores, the sum of forty Commfis-
saryo
pounds, in full for his salary from the thirteenth day of April one thou- mimary'
sand seven hundred and eighty six to the thirteenth day of April instant. stores.
To the said Andrew Moody, for the purpose of enabling him to col- Id.
lect and secure the cannon, and other public stores, according to such
directions as he shall receive from his excellency the governor or per-
son administring the government‘of this State for the time being the
sum of one hundred and ﬁfty pounds, for which sum he shall be
accountable.
To the said Andrew Moody, such sum as the auditor of this State shall Id.
certify to be due to him, for the expences of repairing the carriages and
harness,_of four of the ﬁeld pieces of this State, in pursuance of concur-
rent resolutions of the senate and assembly of the ﬁfth day of March last.
To Samuel jones and Richard Varick Esquires, for revising and Revision
digesting the laws of this State, such sums as shall be certiﬁed by the oflaws'
auditor of this State to be due to them respectively, for their services in
that station.
°l
Ha
LAWS OF NEW YORK. [CHAR 99.
Indian
affairs.
Pennsyl—
Vania
boundary
line.
Id.
Commis-
sioners of
f orfeitures
Commis—
sioners to
convention
Commis-
sioners of
pensions.
Montgom-
ery monu-
ment.
Henry
Broadwell.
Anthony
Post.
Peter
Stuyver-
sandt.
To Abraham Cuyler, Henry Glen and Peter Schuyler Esquires, com-
missioners of Indian affairs for this State, the sum of twenty four pounds
seven shillings and eight pence, for that sum due to them on their account
for extra expenditures in the said department, as audited by the auditor
of this State ; and the sum of forty pounds to each of them for their
services, in the execution of their respective ofﬁces as aforesaid, to the
ﬁrst day of May next.
To Simeon DeWitt and James Clinton Esquires, such sums as shall
be certiﬁed by the auditor of this State to be due to them for their ser-
vices and disbursements, in running the line between this State and the
common-wealth of Pensylvania; allowing to the said James Clinton
Esquire, one pound twelve shillings for'every day he has been upon the
said service; and to the said Simeon DeWitt for his extraordinary ser-
vices, as a commissioner in running the line aforesaid, the sum of forty
pounds
To the commissioners appointed or to be appointed on the part of
this State to continue the running out making and ascertaining the juris-
diction line between this State and the common-wealth of Pensylvania
a sum or sums not exceeding in the whole the sum of six hundred
pounds for which they are to be accountable.
To the commissioners of forfeitures for the western district the sum
of two hundred pounds on account.
To the commissioners appointed by this State, to attend at the con-
vention held at Annapolis in Maryland in the month of September last,
for their expences upon that occasion, such sum as the auditor of the
State to be due to them respectively. '
To Richard Varick, Richard Platt, Abraham 'l‘enbroeck, Peter Ganse—
voort Junior, and Philip Schuyler Esquires, appointed commissioners by
the act entitled “An act making provision for ofﬁcers soldiers and sea-
men, who have been disabled in the service of the United States,” for
examining invalids in pursuance of the said act between the ﬁrst day of
May last and the ﬁrst day of June next, according to such accounts
thereof as they shall produce, audited by the auditor of this State; and
in settling of which accounts, the auditor shall audit the accounts of the
said commissioners in New York seperately from those in the city of
Albany, and shall allow the sum of one shilling per sheet, each sheet to
contain seventy two words, for the drafts, and nine pence per sheet for
the copies of all depositions and certiﬁcates, to be divided among the
said commissioners in New York and Albany respectively, as they shall
agree on.
To the chamberlain or treasurer of the corporation of the city of New
York, the sum of ﬁfty pounds, to be applied by the common council of
the said city to defray the expence of erecting the monument in memory
of the late General Montgomery.
To Henry Broadwell the sum of thirty pounds, for a building by him
erected on a lot of ground forfeited to the people of this State by the
attainder of James De Lancey Esquire and which was with the said lot
sold by the commissioners of forfeitures for the southern district.
To Anthony Post the amount of the costs which shall have been
adjudged to be paid by him in an action brought against him by James
Leonard for the mesne proﬁts of a house and lot located by.the said
Anthony Post.
A 72d a; z'z‘furt/zer enacted &y the aaz‘lzorz'zjl afaresaz'd, That the treasurer
of this State shall deliver to Peter Stuyversandt the money and plate
belonging to him, deposited in the treasury during the late war, by the
commissioners of sequestration for thecounty of Dutchess.
‘CHAP. 99.] TENTH SESSlCN. ' 575
And ﬁe z'z‘ furl/ler ezzaez‘ea’vﬁy z‘lze aaz‘lzorz'zy aforesaid, That Peter T. Cur- Clerk of
tenius audi‘tor of this State, Richard Varick and Samuel ‘jones Esquires igglr'gfrle
shall be and hereby are authorized and required to liquidate and settle
the accounts of the clerk of the supreme court for his services, both as
clerk of the supreme court and as clerk of the courts of oyer and ter-
miner and gaol delivery, in prosecutions on behalf of the people of the
State of New York against persons for having adhered to the enemies
of this State, and in other prosecutions on behalf of the people of the
State of New York and the treasurer is hereby authorised and directed
to pay the amount of such ballance as may be certiﬁed by the said Peter
T'Curtenius, Richard Varick and Samuel jones, or any two of them, to
be due to the said clerk for his services.
Ana’ ﬁe z'z‘ fart/ler eaaez‘ea’ ﬁy l/ze aaz‘lzorz'zy aforesaz'a’, That Peter T. Agents,
Curtenius auditor of this State, do collect and lay before the legislature 5,23,51,11,‘, »
at their next meeting, the accounts of the several persons who were vontro- '
employed as agents or commissioners to collect and procure evidence, versy'
vouchers and materials for manifesting and maintaining the boundaries
and jurisdiction of this State, and the accounts of the persons employed
by the said commissioners; and the accounts of the several persons who
have been employed as commissioners for vindicating the right of juris-
diction of this State, against the claims of the commonwealth of Massa-
chusetts, pursuant to the articles of confederation and perpetual union
of the United States, and of the several persons who have been employed
in making preparations for defending the rights of this State, against
the said claim.
Ami w/zereas the real estate late of john Kane, forfeited to the people
of this State, by the attainder of the said john Kane, hath been sold;
and it now appears that the same estate, long before the forfeiture
thereof, was mortgaged to john Montresor, for securing the payment of
the sum of one thousand three hundred pounds, who hath caused suits
-to be brought against the purchasers of the said lands. Therefore,
Be z'z‘farl/zer enaez‘ea’ ﬁy z‘lze azel/eorz'zy afoeesaz'a’, That it shall and may John Mon-
be lawful for the treasurer of this State, and he is hereby required, out tresor
‘of any money in the treasury, not otherwise appropriated, to pay to the
said john Montresor, or his attorney, the said sum of one thousand three
hundred pounds with the interest thereof since the ﬁrst day of january
in the year of our Lord one thousand seven hundred and eighty three,
and the costs of the said suits and that the said treasurer, upon payment
thereof, procure an assignment of the said mortgage to the people of
the State of New York.
Ana’ wﬁereas Angus McLean of the county of Ulster, now deceased,
‘on the twenty third day of March in the year of our Lord one thousand
seven hundred and eighty four, located and purchased of the commis-
sioners of forfeitures, for the middle district, for the consideration of
two hundred and forty eight pounds ten shillings in depreciation certiﬁ—
cates, two hundred and forty eight acres and a-half of land in the county
of Ulster, which was then deemed to be forfeited to the people of this
State, by the attainder of David Colden, A/zel w/zereas it is represented
to the legislature, that the representatives of the said Angus McLean
deceased, have been dispossessed of the said premises by Cadwallader
Colden, in whom the said lands are said to be legally vested. Ana’
wlzereas it is reasonable that the representatives of the said Angus
McLean, be compensated for the costs and expences they have been put
to in the prosecution of their claim, under the conveyance aforesaid.
Therefore,
576
LAWS OF NEW YORK. [CHAR 99.
Angus
McLean,
heirs of.
G. S.
Veeder, jr.
Be it furtlzer enacted ﬁy t/ze ant/torily aforesaid, That it shall and may
be lawful for the treasurer of this State, out of any monies remaining
in his hands unappropriated, to pay to the representatives of the said
Angus McLean, all costs which may have accrued, in defending any
suit or suits, for the said land, so located to be taxed by the proper
ofﬁcer of the court in which such suit or suits shall have been brought;
and such reasonable sums as shall appear to have been expended in the
surveying and appraising the lands aforesaid, to be certiﬁed by any two
of the late commissioners of forfeitures for the middle district, and audited
by the auditor of this State and that the representatives of the said
Angus McLean have the priviledge of locating other lands as is directed
in and by the fourteenth section of the act entitled “An act further to
amend an act for the speedy sale of the conﬁscated and forfeited estates
within‘this State and for other purposes therein mentioned,” passed the
ﬁrst of May one thousand seven hundred and eighty six.
And zo/zereas Christopher Yates and john Lansing junior, commis-
sioners for procuring a sum in specie in the eastern and western districts
of this State, in the year one thousand seven hundred and eighty, for
the consideration of one hundred and seven pounds nineteen shillings,
in bills emitted on the credit of this State commonly called bills of the
new emission, conveyed to Garret S. Yeeder junior and his heirs, a cer-
tain lot of land situate in the patent of Clifton Park in the county of
Albany called lot number thirty one in the third allotment in the
division of the said patent.
And nI/zereas previous to the sale by the above mentioned commis-
sioners to the said Garret S. Vedder junior, the same one hundred and
twenty seven acres of land had been already sold and conveyed by the
commissioners of forfeitures to one Isaac Truax. Therefore
Be it furt/zer enacted ﬁy tlze azct/zority aforesaid, That it shall and may
be lawful for the treasurer of this State and he is hereby required, out
of any monies in the treasury not otherwise appropriated, to pay to the
said Garret S. Veeder junior, the said sum of one hundred and seven
pounds nineteen shillings, being the consideration money by him paid
for the said lot, upon his depositing the conveyance made to him of the
said lot by the said commissioners with the treasurer of this State and
his reconveying all his right and title in the same lot under the convey-
ance aforesaid, to the people of this State, with a covenant against all
his acts and deeds respecting the same.
And zo/zereas the said Christopher Yates and john Lansing junior,
commissioners as aforesaid, their deed hearing date the third day of
April, in the year of our Lord one thousand seven hundred and eighty
two, for the consideration of one hundred and seventy two pounds and
eleven shillings, in bills emitted on the credit of this State, commonly
called bills of the new emission, conveyed to Samuel Stringer and his
heirs, a certain lot of land in the county of Albany, called lot number
nine, in the ﬁrst allotment of the patent of Clifton Park, then deemed
to be forfeited to the people of this State, by the attainder of Oliver
i DeLancey Esquire; but it hath since been discovered, that the said lot
Samuel
Stringer.
of land did not belong to the said Oliver DeLancey at the time of his
attainder. Therefore, _
Be it fart/zer enacted ﬁy t/ze aut/zority aforesaid, That it shall and may
be lawful for the treasurer of this State, and he is hereby required, out
of any money in the treasury, not otherwise appropriated, to pay to the
said Samuel Stringer, the said sum of one hundred and seventy two
pounds and eleven shillings, being the consideration money by him paid
for the said lot, upon his depositing the conveyance made to him of the
CHAP. 99.] TENTH SESSION.
577
said lot, by the said commissioners, with the treasurer of this State, and
conveying his right in virtue of the said conveyance, to the people of
the State of New York.
And oe z'z‘ fart/zer erzaez‘ed oy i/ze aaZ/zorz'z‘y aforesaid, That it shall and
may be lawful for the auditor of this State and he is hereby required to
do and perform every act, matter and thing which the treasurer is
directed to do and perform in and by the act entitled “An act for the
collection and comutation of quit rents,” passed the ﬁrst day of April,
one thousand seven hundred and eighty six, and in and by the act
entitled “An act to amend an act entitled an act for the collection and
commutation of quit rents passed the eleventh day of April one thous-
and seven hundred and eighty seven.
And w/zereas part of the real estate late of john Turner lying in the
middle district and forfeited to the people of this State by the convic-
tion of the said john Turner, hath been sold, and it now appears that
the same was mortgaged to john Leake of the city of New York (for
securing the payment of the sum of two hundred and ﬁfty pounds) who
hath caused a suit to be brought against the purchaser of the said land.
Therefore
Auditor,
duty of
regarding
quit rents.
Be 2'! farZ/zer elzaez‘ed Z2)’ Z/ze aaZ/zorz'zjr aforesaid, That it shall and may John
be lawful for the treasurer of this State and he is hereby required upon
the said john Leake executing to the people of this State an assignment
of the said bond and mortgage so executed by the said john Turner,
out of any monies in the treasury not otherwise appropriated, to pay to
the said john Leake or to his attorney the said sum of two hundred and
ﬁfty pounds and the costs of the said suit to be taxed by one of the
judges of the supreme court and that no prosecutions shall hereafter be
had on the said bond and mortgage.
Leake.
A/zd &e 2'! farz‘lzer enaez‘ed 6y f/ze azzZ/zorz'z‘y aforesaid, That the treasurer Certiﬁ.
of this State, be, and he is hereby authorised and required after pay—
ment of the several sums herein before mentioned, and the ﬁrst moiety
of the'monies to be paid to the United States of America in Congress
assembled, pursuant to the act entitled “An act acceding to the acts of
Congress of the second day of August one thousand seven hundred and
eighty six,” and also the amount of pensions and arrears of pensions,
which shall be payable to invalids by the ﬁrst day of june next, pur-
suant to the act entitled “ An act making provision for ofﬁcers
soldiers and seamen who have been disabled in the service of the United
States,” and the amount of the new emission money still in circulation,
to set apart and apply such sum as will be sufﬁcient for the payment of
one quarter part of the certiﬁcates issued and to be issued for the four
ﬁfths part of the interest of the public securities which shall have been
loaned to this State, by virtue of the act entitled “An act to emit the
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned,” passed the eighteenth day of April one thousand
seven hundred and eighty six; which said sum of ﬁfty thousand pounds,
shall be distributed to the several holders of the said certiﬁcates, in pro-
portion to the respective amounts thereof, and the sum paid upon each
certiﬁcate shall by the said treasurer be indorsed thereon.
VoL. 2.——73
cates, pay-
men 0 ,
out of sur-
plus in
treasury.
578
LAWS OF NEW YORK. [CHAR 100.
Preamble.
Lands of
Thomas
Hicks. de-
ceased,
vested in
Richard
Penn
Hicks.
CHAP. 100.
AN ACT to vest all the right and claim of the people of this
State, to the lands and tenements whereof Thomas Hicks died
seized, in the persons therein named.
PASSED the zrst of April, 1787.
WHEREAS Thomas Hicks late of Little Neck, in the township of
Flushing, in Queens county, on Nassau Island, attorney at law, deceased,
being seized in fee simple, of certain lands and tenements within this
State, this State, on the nineteenth day of June one thousand seven hun-
dred and eighty two, made his last will and testament, duly executed in
the presence of three credible witnesses, and thereby devised all his
lands and real estate, to his sister Mary Hicks, (the then wife of Stephen
Hicks) and the heirs of her body lawfully begotten, or to be begotten,
and for want of such issue to the said Stephen Hicks, and to the heirs
of his body, lawfully to be begotten, and for the want of such issue, to
Richard Penn Hicks, son of his late friend and cousin William Hicks,
of Pensylvania deceased, and for want of such issue to the right heirs
of the said Richard Penn Hicks; as by the said original will, ﬁled in the
prerogative ofﬁce, fully appears. And whereas it is represented to this
legislature that the said Thomas Hicks died so seized as aforesaid,
leaving the said will in full force, and that thereupon the said Mary
Hicks became seized of the lands and tenements of the testator, by
virtue of the said devise, but died without issue. That upon her death,
the said Stephen Hicks entered upon the same, and also died without
issue, by means whereof, according to the will and intention of the said
testator, the lands and tenements whereof he died seized, would have
vested in the said Richard Penn Hicks, in fee tail general, but by the
operation of the late laws of this State for abolishing entails, the estate
in fail tail general, devised to the said Mary Hicks, was converted into
a fee simple; and that she having been born out of wedlock, can have
no heirs, whereby the said lands and tenements might escheat to the
people of this State. And it being further represented, that the said
Richard Penn Hicks is an orphan, destitute of any support, but what
is so provided for him by the said testator; and the legislature con-
ceiving it just and reasonable, that the estate vested in the people of
this State by the means aforesaid, should descend, according to his
intentions expressed in the said will, as far as it is consistent with the
above mentioned law. Therefore,
Be it enacted by z‘he People of z‘he State of New York, represented in
Seizaz‘e and Assembly, and it is hereby enacted by the aza‘horz'z‘y of rho same,
That it shall and may be lawful to and for the said Richard Penn
Hicks, his heirs and assigns, to enter into, have, hold and enjoy, for his
and their own proper use, in fee simple for ever, all and singular the
lands tenements and hereditaments, whereof the said testator so died
seized, and which are devised to him in remainder, in fee tail general
as aforesaid; (except a certain farm called the new ﬁeld now in the
possession of James Hicks situated in North Hempstead in Queens
county and a small piece of salt meadow belonging to the same,) and
to have and maintain any suit or action tor the recovery thereof, not-
withstanding any right or claim which the people of this State may or
can have or make to the same by reason of the escheat thereof as afore-
said, or in any other manner whatsoever, and altho’ no ofﬁce hath been
found respecting the same.
CHAP. 101.] TENTH SESSION. 579
A no’ ﬁe z'z‘furl/zer enaez‘ed ﬁy z‘lze auz‘lzorz'z‘y aforesaid, That all the estate, Certain
right title and ,interest, of the people of this State, in and to the said ($1213 farm called new ﬁeld, and the piece of salt meadow belonging thereto, H191“, etc-
shall vest in the said james Hicks and Deborah his wife, during their
natural lives, and the life of the survivor of them; and from and after
the decease of such survivor, shall vest in Mary Hicks, daughter of
\Villiam Hicks of North Hempstead in the county of Queens, her heirs
and assigns.
Proziz'ded that nothing in this act contained shall be construed to Actnotw
4_ . . . . . _ . . affect,
affect or injure any right title interest or estate in and to the said lands, rights of
tenements and hereditaments herein before mentioned, or any part gg‘i‘ggants.
thereof, which any person or persons whomsoever could or might have
claim challenge or demand if this act had not been passed; but such
estate only as the people of this State might lawfully claim by the means
aforesaid, shall vest in the persons herein before named in the propor-
tion and in the manner aforesaid.
CHAP. 101.
AN ACT for vesting the estate of David Colden, deceased, not
already sold, in Cadwallader Colden.
PASSED the zrst of April, 1787.
Be it EIZdL‘Z‘é’d ﬁy Me People of ﬁle Slaz‘e of r/Vew Yor/e, represented in Forfeited
Se/zaz‘e and Assemﬁly, and if is lzereﬁy e/zaez‘ed ﬁy z‘lze azel/zorz'zj/ of z‘lze same, ‘gob
That the real estate of the late David Colden, except such parts thereof den, un—
- - _ - sold,vested.
as have been already sold by the commissioners of forfeitures, or by the in Cadwal-
commissioners for procuring a sum in specie, or any of them shall be lad"? Col‘
. . ’ T ’ den in
and is hereby vested in Cadwallader Colden, of the county of Ulster trust.
Esquire, his heirs, executors and administrators, in trust, for the chil-
of the said David Colden; and that the said Cadwallader Colden, his
heirs, executors or administrators, shall and may, by virtue of this act,
have and maintain, in his or their own name or names, any action or
actions, that shall or may be necessary, for the recovery of the same, or
of the possession thereof, or of any part or parts thereof, in like manner,
and no other, as the said David Colden might or could do, if he was in
full life, and had not been attainted.
Pror'z'ded always, and it is hereby further enacted, that the said Cad- Proviso as
wallader Colden, his heirs executors or administrators, do and shall pay {,‘ifgayrjrvlveaﬁlf
to the commissioners of forfeitures for the western district of this State, lader 001-
or some or one of them, or the treasurer of this State for the time being, den‘
in any public securities receivable by law upon the sale of forfeited
estates, the amount at which such lands as are mentioned in a certain
location, made by the said Cadwallader Colden on the ﬁrst day of
August last past, and delivered to the commissioners of forfeitures of
the said western district, and not already sold, shall or may be appraised,
in such parts and proportions, and by such appraisers for each part or
proportion, as the said commissioners shall deem expedient, in the mode
prescribed by the thirty seventh and thirty ninth sections of the act
entitled “An act for the speedy sale of the conﬁscated and forfeited
estates within this State, and for other purposes therein mentioned”
passed the twelfth day of May one thousand seven hundred and eighty
four, within three calender months after the same lands shall be so
580 LAWS OF NEW YORK. [cHAP. 102.
appraised. And that the wages of the appraisers, and the costs and
expences of making such appraisements and surveys, shall be paid and
borne by the said Cadwallader Colden.
Proviso as And peat/{ded also, that this act shall not take effect, until the said
231,131,195’ Cadwallader Colden shall procure and deliver unto the surveyor general
9110- of this State for the time being, all the maps, returns and other papers,
belonging to the ofﬁce of surveyor general of the late Colony of New
York, which were in the possession of the said David Colden, or any
other person or persons for his use, at the time of his decease; nor until
the said Cadwallader Colden shall make afﬁdavit before one of the
judges of the supreme court of judicature, that he has delivered to the
said surveyor general, all such maps, returns and other papers, belong-
ing to the ofﬁce of surveyor general of the late Colony of New York,
which, to the best of his the said Cadwallader Colden’s knowledge and
belief, were in the possession of the said David Colden, or any other
,_ person or persons for his use, at the time of his decease.
Cadwalla— A 71d Zze z't fzzrt/zer matted [2y t/ze azet/zorz'ty afw'esaz'd, That the commis-
der Golden ; ‘ A - _ T . . ‘
may sell sioners of forfeitures for the western district, shall and may proceed to
£552,381“ have the whole of the lands mentioned in the said location, not hereto-
' fore sold, appraised with all convenient speed, in the mode mentioned
and prescribed in and by the said sections of the act aforesaid. And
that the said Cadwallader Colden, or his heirs, after having complied
with the terms of this act, may sell or mortgage such part of the estate
of the said David Colden, so as aforesaid vested in him, for repayment
of such money as he may advance to pay the sum at which the said
lands shall be appraised, and the incidental expences attending the
same.
Act not to Provided, that nothing in this act contained, shall be construed to-
?g‘iftts of affect or injure any rights of any person claiming under the said David
gléilélenrams Colden deceased; but such rights shall be and remain in full force, any‘
David thing in this, or any other act, to the contrary notwithstanding.
Golden. \
CIIAP. 102.
AN ACT for the relief of persons who paid money into the
treasury of this State, in consequence of a resolution of the
committee of safety of the ﬁrst day of March, one thousand
seven hundred and seventy seven, and for other purposes
therein mentioned,
PASSED the 21st of April, 1787.
Preamble. \VHEREAS several persons have paid monies into the treasury of this
State, in consequence of a resolution of the committee of safety, made
the ﬁrst day of March, one thousand seven hundred and seventy seven.
But as the said resolution hath not been adopted, or conﬁrmed by any
convention, nor by the constitution or the legislature of this State, many
of the persons who so paid money into the treasury, have petitioned
_ the legislature for relief. Therefore,
ﬁleg'gﬁlg’sitgg Be it erzaeted by tile Pee/ﬁle 0f t/ze State of New Yark, represented in
Ephgegjggs Senate and Assemély, and zt 2's /zere&y emztted &y the aut/zmrzty 0f the same,
money into That it shall and may be lawful for the treasurer of this State for the
{$323230 time being, and he is hereby authorized and required, to give to every
lution Of person who hath paid money into the treasury in consequence of the
' t . . . .
Zé’ga‘i‘gl’fe sa1d resolution, or to the executors or administrators of such person, a
CHAP. 102.] TENTH SESSION. ' 581
certiﬁcate for the amount of the money so paid into the treasury, with
the interest thereof, at the rate of ﬁve pounds per cent per annum, from
the time the same was so paid into the treasury, if the same was so paid
before the ﬁrst day of September, in the year of our Lord one thousand
seven hundred and seventy seven; but if the same was so paid after
that day, then such certiﬁcate shall be given for the value thereof, after
reducing the same according to the Continental scale of depreciation,
with interest for the same, at the rate aforesaid, from the time the same
was so paid ; which certiﬁcate shall be payable with interest, at the rate
‘of ﬁve percent per annum, and shall be received and taken in all pay-
ments, where any other certiﬁcates given by the treasurer of this State,
are, or shall be receivable by law : Provided always, that no such cer—
tiﬁcate shall be given to any person, for any money so paid into the
treasury, as due to any person or persons, whose estate hath been for-
feited to the people of this State ; but where monies have been so paid
upon or in discharge of any bond or mortgage, to any person whose
estate is forfeited to the people of the State of New York, such pay-
ments shall be considered as good and effectual, for the specie amount
of the monies so paid and no more ; such amount to be settled agree-
able to the scale of depreciation herein before mentioned; and such
mortgages may be discharged in the manner directed by an act, entitled
" An act to enable the clerks of the respective cities and counties within
this State to cancel the records of certain mortgages, made and executed
to persons whose estates are forfeited, and proof that such mortgages
are satisﬁed.” And the treasurer of this State, and the justices of the
supreme court, shall make such inquiries, and give such certiﬁcates as
may be necessary for that purpose.
A 71d ée iz‘farZ/zer enaez‘ed izy z‘/ze aat/zorz'zj/ aforesaid, That the treasurer Treasurer
of this State shall be, and hereby is discharged and indemniﬁed, of from hi‘gfmn“
and against all suits whatsoever, which have been or shall be brought
against him, for or on account of any money so paid into the treasury
as aforesaid. And this act shall or may he pleaded or given in evi-
dence, in discharge of any such suit.
Arid zo/zereas all the estates both real and personal, of Israel Seaman
and Adam Seaman, late of the county of \Vest Chester, are become for-
feited to the people of the State of New York, by the conviction of the
said Israel Seaman and Adam Seaman, and the commissioners of for-
feitures for the southern district of this State, have sold and recovered
such parts of the estate of the said Israel Seaman and Adam Seaman,
as they have been able to discover. And w/zereas the said Israel Sea-
man and Adam Seaman, at the time of their respective convictions, were
respectively indebted to james Franklin of the city of New York mer-
chant, and sundry other persons in divers sums of money, and the said
james Franklin hath represented to the legislature, that there are debts
due, and other property belonging to the estates of the said Israel Sea-
man and Adam Seaman, which have not been discovered by the said
commissioners, and prayed that the same may be vested in trustees,
to be recovered and applied to the discharge of the debts owing by the
said Israel Seaman and Adam Seaman, at the time of their conviction
respectively. Therefore, .
Be it e/zaez‘ed oy z‘/ze azd/zoriz‘y aforesaid, That all the joint and several Israel and
estates, of the said Israel Seaman and Adam Seaman, both real and giggfggg
personal, debts, and sums of money whatsoever, due and owing to them, 9frJvested
.at the time of their respective convictions, and not sold or recovered by Irilraiiirliili.
the commissioners of forfeitures, nor paid into the treasury, by the debt-
ors, shall be and hereby are vested in the said james Franklin, his heirs
582 LAWS OF NEW YORK. [CHAR 102.
executors and administrators, in trust to sell all such real estate, and to
recover and receive all such debts and sums of money, and to apply the
produce thereof, in the ﬁrst place, to pay the costs, charges and expen-
ces, of such sale and recovery, and the residue thereof towards payment
of the debts owing by the said Israel Seaman and Adam Seaman, at the
time of their respective convictions, to such persons, in equal propor-
tions, as have not applied for payment to the treasurer of this State; and
if any surplus remains after payment of such debts, the same shall be
paid to the treasurer of this State.
Id. And be it farther e/zaez‘ed by the authority aforesaid, That it shall and
may be lawful for the said James Franklin, his executors or administra-
tors, in his or their Own names, to sue for and recover, all such debts
and sums of money, hereby vested in them; and it shall be sufﬁcient for
the plaintiff in any such suit or action, to alledge that the defendant or
defendants is, or are indebted, or if the suit or action be against heirs,
executors or administrators, then to alledge that the ancestor testator or
intestate, was indebted to the plaintiﬁf, in the sum so due and owing,
whereby an action accrued to the plaintiff, without setting forth the
special matter, and shall and may give this act, and the special matter
in evidence.
Daniel And be iz‘farz‘her eizaez‘ed by z‘he authorizy aforesaid, That the treasurer
$353535‘; of this State, be, and he hereby is authorized and directed, to issue to
Egsggd to Daniel Williams of West Chester county, a certiﬁcate for such sum, as
the auditor of the State shall certify to be due to him, for his services as
a guide to the army, in the said county, in the year one thousand seven
hundred and seventy seven, and that for such services he receive pay as
a lieutenant, which certiﬁcate shall be dated the thirty ﬁrst day of
December one thousand seven hundred and seventy seven, and bear
interest at the rate of ﬁve per centum per annum; and that the treasurer
charge the same, to the United States.
And rt/hereas the mode provided by the ﬁrst section of the act, entitled
“An act further to amend an act, for the speedy sale of the conﬁscated
and forfeited estates, within this State, and for other purposes therein
mentioned,” for ascertaining whether loan ofﬁce certiﬁcates of the other
States, were actually issued at the time of granting thereof, to citizens
. of this State, is not sufﬁciently precise or effectual. Therefore
Conti— Be i2‘ e/zaez‘ed by the aaz‘horizy aforesaid, That in all payments hereafter
“mallow to be made to the commissioners of forfeitures, or any of them, on the
fitiilgriitggi sales of forfeited property, or to the treasurer of this State on the sales
235%? of unappropriated lands, if any certiﬁcates issued out of any Continental
loan ofﬁce in any of the United States, other than this State, shall be
offered in such payments, the said commissioners of forfeitures, and
treasurer respectively, are hereby required to examine on oath, the per-
son or persons to whom such certiﬁcates were originally issued, concern-
ing the time they were respectively issued, if such person or persons,
are now inhabitants of this State ; but if such person or persons be dead,
or removed out of this State, then the said commissioners of forfeitures, ..
and treasurer respectively, shall examine on oath the person or persons
offering the same in payment, touching the time aforesaid; and unless
it shall appear to their satisfaction respectively that such certiﬁcates were
actually issued prior to the twenty seventh day of September, one thou-
sand seven hundred and eighty ﬁve, to citizens of this State, who were
inhabitants of this State at the time of issuing the same, such certiﬁcates
shall not be received, nor shall any certiﬁcates issued out of the loan
ofﬁce of this State, be received by such commissioners or treasurers, but
such as are countersigned by Dirck Ten Broeck or Abram Yates Junior.
CHAP. 102.] _ TENTH SESSION. 583
And ﬁe il furl/ler enaez‘ed ﬁy z‘lie aul/zoriz‘y aforesaid, That the treas- certiﬁcates
urer of the State is hereby authorised and required, to receive from all 2232565},
persons who are indebted to the people of this State, the payment of treasurer.
such debts respectively, in any of the certiﬁcates or public securities
issued from the treasury of the State. Provided always, that this clause
shall not extend to any payment to be made for forfeited property sold
for specie or bills of the new emission, nor to payments for quit rents,
heretofore directed by law to be paid in specie, nor for articles of
impost, or taxes imposed, or hereafter to be imposed ; which said sev-
eral matters shall remain as heretofore.
Arid w/zereas the surviving trustees of the estate of Abraham De Peys-
ter, formerly treasurer of the late Colony of New York, have, on the
twenty ninth day of March one thousand seven hundred and eighty six,
reported to the legislature, that the books, receipts and other documents,
relating to the execution of their trust, were during the late war lost;
but that they would endeavour to extract an account for the informa-
tion of thelegislature from such papers as were still to be found, which
account have not yet been produced. Therefore,
Be ii‘ furl/ler eizaeletl ﬁy z‘lze azii/zorizy aforesaid, That john Cruger Accounts
and Leonard Lispenard Esquires, surviving trustees of the estate afore- {iggbljgl
said, do, without delay, deliver to the auditor of this State, the said Peystel'.
- - - - L - ' te treas'
account; and it is hereby made the duty of the said auditor LO receive urer of
and audit the same, in the best manner he can, from the vouchers still 6010113’-
to be found, and from the information he can obtain; and that he cause
such books, papers and money, as still remain in the hands of the said
trustees, appertaining to the said estate, to be delivered into the hands
of the treasurer of this State, as soon as the said audit shall be com-
pleted; and the said treasurer is hereby authorized and required to
receive the said books, papers, money and other documents, and to pro-
ceed in the execution of the said trust, in the same manner as the said
trustees might have done had this act not been passed.
A/zd ﬁe i2‘ fart/ler e/zaez‘ed ﬁy z‘lie aai/zorizy aforesaid, That it shall James
be, lawful for the auditors appointed in pursuance of the “ act for liqui- 05,135 2%:
dating and settling the accounts of troops of this State, in the service
of the United States ” to liquidate and settle the account of, and grant
a certiﬁcate to james Giles for the depreciation of his pay, for service
as conductor of ordnance and military stores.
A/zd w/zereas the inhabitants of North East precinct in the county of
Dutchess, have represented to the legislature, that by reason of their
not having been able to obtain the collectors lists, they were unable to
collect the arrears of taxes in certiﬁcates, within the time limited for
that purpose, by the act entitled “An act for the more effectual collec~
tion of arrears of taxes” passed the thirty ﬁrst day of March one thou-
sand seven hundred and eighty six, and have prayed further time to
pay the said arrears in certiﬁcates as aforesaid, which request appears to
the legislature to be reasonable, therefore,
Be ii‘ farz‘lzer eizaez‘ed ﬁy z‘lze azil/zorizy aforesaid, That the inhabitants North East
of the said precinct shall be allowed to pay the said arrears, at any time before the ﬁrst day of October next, in the certiﬁcates mentioned in the LE111-Payers-
act aforesaid; which arrears shall be assessed and collected in the man—
ner speciﬁed in and by the act entitled “An act to compel the payment
ofithe arrears of taxes, for enforceing the payment of ﬁnes and amercia-
ments, obliging sheriffs to give security for the due execution of their
ofﬁces, and for other purposes:” And each and every of the present
assessors, collectors and supervisors of the said precinct, shall be, and
hereby are respectively, vested with all the powers and authorities, and
584
LAWS OF NEW YORK. [CHAR 102.
Peter
Byyauck,
relief to.
Certiﬁcates
to ofﬁcers
and sol-
diers of
regiment.
made subject to all the penalties and forfeitures, in the same last men-
tioned act prescribed.
And w/zereas Peter Byvanck, by his petition hath represented to the
legislature, that he was prevented by accident from exhibiting his claim
against the State of Israel Seamon and Joshua Pell, forfeited to the
people of this State, therefore,
Be it fart/ter enacted oy t/ze ant/torily aforesaid, That the treasurer
of this State, be and he is hereby authorised and directed, to receive the
certiﬁed demand of the said Peter Byvanck, against the estates of the said
Israel Seamon and joshua Pell, in the same manner, as if he had made
application within the time required by the forty second and forty third
sections of the act, entitled “An act for the speedy sale of the conﬁs-
cated and forfeited estates within this State, and for other purposes
therein mentioned;” and to grant a certiﬁcate for the sum to which he
shall appear to be entitled, according to the true intent and meaning of
the said act.
And 'za/zereas it is represented to the legislature, by the petition of
Charles Stewart junior, late a sergeant in a regiment of levies in the ser-
vice of this State, commanded by Frederick Weissenfels, that he hath
not received any compensation for his services in that regiment. And
w/zereas the said Frederick \Veissenfels, instead of paying or delivering
the certiﬁcates entrusted to him for that purpose, to the ofﬁcers and
soldiers of the said regiment, hath in divers instances applied them to
his own use, and is now unable to make compensation for the same;
and it being just that such persons should be indemniﬁed by the State.
Therefore.
Be it fart/ter enacted oy t/ze ant/zority aforesaid, That the treasurer
of this State shall issue certiﬁcates to all such of the ofﬁcers and sol-
diers of the said regiment, for the sums respectively due to them, as
shall by satisfactory evidence, make it appear to the said treasurer, that
they have not heretofore received their certiﬁcates; and that the certiﬁ-
cates so to be issued by the said treasurer, shall be of the like tenor and
effect, of the certiﬁcates heretofore issued, to such ofﬁcers and soldiers
respectively.
And w/zereas one certain farm. situate in Rumbout precinct in Dutchess
county, containing by estimation one hundred and thirty four acres,
was heretofore sold and conveyed by the commissioners of forfeitures for
the middle district, to Zephaniah Platt Esquire, in fee simple; and also
one other farm situate in the said precinct, and containing by estimation
two hundred acres, was in like manner sold and conveyed to Peter
Dates, as parts of the estate forfeited by the attainder of john Watts.
And it appearing by the report of the attorney. general that the said
~Iohn Watts was tenant by the courtesy only, in the’ said farms and prem-
ises, and that the reversion is vested in Robert Watts his son, as heir at
law to his mother Ann Watts deceased. And w/zereas it is suggested in
the said report, that the said Robert \Vatts would be willing to release
his title to the said reversion, upon being paid the value thereof, to be
ascertained by appraisement; whereby the purchasers under the State
would be secured in their title. Therefore,
Be it fart/zer enacted oy t/ze ant/zority aforesaid, That the commis-
sioners of forfeitures for the middle district, be and they hereby are
authorized and directed, to join with the said said* Robert Watts in
the appointment of the two appraisors, for the purpose of appraising the
said farms; one of which said appraisers to be nominated by the said

Robert
Watts, pay-
ment to,
for release
of lands.
* So in original.
CHAP. 102.] TENTH SESSION.
585
commissioners, and the other by the said Robert Watts; and the said
appraisers so appointed shall have power to appraise the value of the
said reversion, of and in the same farms; and in case of disagreement,
to nominate a third person to make the appraisement in their stead, and
the treasurer of the State is hereby directed nominate a third person to
make the appraisement in their stead. And the treasurer of the State
is hereby directed to pay to the said Robert Watts his heirs or assigns,
such sums of money as by the report of the said appraisers, or in case
of disagreement, by the report of the said person so appointed by them,
shall be determined to be the value of the reversion so vested in him
the said Robert Watts, of and in the said several farms and premises;
upon receipt whereof the said Robert Watts his heirs or assigns, as the
case may be, shall forthwith, by good and sufﬁcient conveyances in the
law, release to th respective purchasers of the said farms, their heirs or
assigns, all his or their estate, right title and interest, in and to the said
farms and premises.
A 12d Zle iz‘fari/zer e/zaez‘ed By i/ze aui/ioriz‘y aforesaid, That the act enti-
tled “An act to liquidate the depreciation of the pay of the ofﬁcers of
the military hospital and medical department, and of the ofﬁcers and
privates of the levies and militia of this State, made prisoners by the
enemy,” and the act entitled “An act for the settlement of the pay of
the levies and militia for their services in the late war, and for other
purposes therein mentioned,” shall be, and hereby are respectively
repealed.
A 11d YtI/zereas Dominick Lynch, by petition to the legislature hath rep-
resented, that Francisco Pablo de Vidal, being an alien, had purchased
of Christian Pierce and Christiana his wife, a certain house and lot of
ground in the city of the New York, of the description following. All
that certain messuage or dwelling house lot piece or parcel of ground,
situate, lying and being in the city of New York being part of a lot
known by No. 80, bounded north west by King George street, in the
rear by lot No. 81, on the north east side by lot No. 87, and on the
south west by part of the said lot No. 80; containing in length one
hundred feet, and in breadth twenty one feet, be the same more or
less, which house and lot he has conveyed to the said Dominick Lynch,
in trust, to be disposed of for the beneﬁt of his creditors; and the said
Dominick Lynch hath prayed that the said conveyance might be con—
ﬁrmed to him, to have the same effect, as if the said Pablo De Vidal
had not been on alien. Therefore,
Be iz‘ fari/zer elzaeied oy i/ze aaf/ioriz‘y aforesaid, That the deeds of
conveyances from the said Francisco Pablo De Vidal, to the said Dom-
inick Lynch, bearing date respectively the seventeenth and eighteenth
days of November, in the year one thousand seven hundred and eighty
six, shall have the same force and effect, to vest the estate of and in the
said house and lot in the said Dominick Lynch, his heirs and assigns,
upon the trusts in the said deed mentioned, as if the said Francisco
Pablo De Vidal had been a natural born subject of this State.
And w/zereas sundry proprietors of a tract of land called the Town-
ship of New Stamford in Ulster county, have by petition set forth that
some time in the year of our Lord one thousand seven hundred and
ﬁfty four, the said tract was surveyed at the request of the proprietors
and divided into lots by a certain Henry Wooster, who afﬁxed the names
of the different proprietors to their respective lots on a map or plan of
the said survey. That the lines of the said lot cannot now be discov-
ered without a new survey, that many of the proprietors of the said
township are now without the State, and praying that the said division
VoL. 2. —— 74
Acts
recited
repealed.
Convey—
ance
named
declared
valid.
586
LAWS OF NEW YORK. [CHAR 102.
Commis-
sioner to
partition
township
of New
Stamford.
Id.
Id.
of the said Henry Wooster might be conﬁrmed, and a law passed for
making a resurvey of the said townships, and providing for the expences
of the same. Therefore,
Be it e/zaeted by the aathorizy aforesaid, That William Cockburn be,
and he is hereby appointed sole commissioner for making a survey and
division of the said township or tract of land; that so far as the said
commissioners can collect satisfactory information, of the division and
survey made by the said Henry \Vooster, it shall be his duty to pursue
the same, in making the resurvey and division of the said tract of land,
so that such lots or lot of land therein, as were surveyed and set apart
by the said Henry Wooster as the property of any one of the said pro-
prietors, shall be surveyed and set apart by the commissioner hereby
appointed, for the same proprietor, or any person or persons legally
claiming under him.
And be it farther e/zaeted by the authority aforesaid, That the said
commissioner shall forthwith proceed to made a survey of the said tract
of land, and divide the same among the different proprietors thereof,
always pursuing the division made by the said Henry Wooster when he
can obtain satisfactory information respecting the same, and if it shall
so happen that the said commissioner cannot obtain any satisfactory
information of the said Henry Wooster’s survey of any part of the said
tract of land, or if any part of the same shall not have been divided by
the said Henry W'ooster, that then with respect to such part the said
commissioner shall proceed to make division of the same in the mode
prescribed for the commissioners appointed by virtue of an act entitled
“An act for the partition of lands,” which said division shall be as valid,
as if all the proceedings in the division of this tract of land, were had
under the said act. And to defray the expence of the said survey and
division,
Be it further enaeted by the authority aforesaid, That after the said
survey and division shall be completed, the said commissioner shall
present his accounts of the whole expence of the said survey, to one of
the judges of the courts of common pleas of the county of Ulster, who
is hereby impowered to audit and pass the same, the said commissioner
ﬁrst giving six weeks notice of the time and place of auditing his said
accounts, in two of the newspapers printed in the city of New York;
and after the said account shall ‘be so audited, the said commissioner
shall apportion the whole expence of the said survey and division among
the different proprietors, in proportion to the number of acres surveyed
and set apart for them respectively, and shall deliver an account of such
proportion to such of the said proprietors as may be found within- this
State, and if any of the said proprietors cannot be found within this
State, then the said commissioner shall publish the accounts of the pro~
portion of such absentee in at least two of the newspapers printed in the
State of New York, for at least three months; and if the said accounts
shall not be paid within four weeks from the time of presenting the
same, or within four months from the time of commencing the said pub-
lication, then the said commissioner is hereby authorised to sell at public
auction, such part of the lands set a part for the said person, so making
default of payment, as will be sufﬁcient to discharge the said accounts,
together with the charges incident to such sale rendering the overplus, if
any there be, to the person whose land shall be so sold, on demand; and
the said commissioner is hereby authorised, on the sale of such land for
the purposes aforesaid, to make and execute good and effectual convey-
ances in the law for the same, to the purchaser or purchasers thereof,
which said conveyances shall be as good and effectual to all intents and
CHAP. Ioz.j TENTH SESSION. .
purposes, as if the same had been executed by the person or persons for
whom the land so sold was set apart, and surveyed. And the commis-
sioner, surveyor and other persons employed in making the said survey,
shall be allowed for their services, after the rate allowed by the act
entitled “An act for the partition of lands.”
And ﬁe i2‘ furl/ler e/zaez‘ed ﬁy z‘lze aaz‘lzorily aforesaid, That when the
said commissioner shall have completed the said survey and division,
he shall make two maps, and two fair copies of the ﬁeld books of the
same survey, with the names of the several proprietors afﬁxed to their
respective lots therein; and within six weeks after completing the said
survey shall ﬁle one of the said maps and ﬁeld books in the ofﬁce of the
clerk of the county of Ulster and the other map and ﬁeld book in the
ofﬁce of the secretary of the State of New York; which said map and
ﬁeld book shall be record of the said division, and of the title of the
different proprietors to the respective lots, on which their names, or the
names of them under whom they claim, shall be respectively marked.
Broziidid always, that nothing in this act shall be so construed as to Id.
give title to any person or persons to any part of the said tract, who
could not at the time of passing this act, have legally claimed such pro-
portion as tenant in common with the other proprietors, or to defeat any
security upon the same by mortgage, judgment or otherwise.
Andprooided furl/ler, that the said division shall not be received as Id.
evidence, in any controversy of boundary, between the said township
and the patents adjoining thereto.
A 71d ﬁe iz‘fzerz‘lzer ezzaez‘ed ﬁy l/ie azez‘lzorizj' aforesaid, That the said com- Id.
missioner shall, before he begins the said survey or division, take an
oath before one of the judges of the court of common pleas of the
county of Ulster, for the faithful performance thereof, and of the several
things required of him by this act, according to the best of his skill and
ability.
And w/zereas George Turner late of Philadelphia, hath set forth by
petition that he had located three hundred and sixty ﬁve acres of land,
in the county of Albany, forfeited to the people of this State, but that
full payment for the same was not made within the time limited by law,
for reasons in the said petition mentioned. Therefore,
Be iz‘ furl/ler e/zaez‘ed ﬁyl/ze aaz‘lzorizy aforesaid, That the commission- George
ers of forfeitures for the western district, do, and they are hereby
impowered and required, to execute, within three calender months from ance 110-
the passing of this act, (if full payment shall be previously made to them
of such part of the purchase money as yet remains to be discharged with
interest from the time the same became due,) a proper deed or convey-
ance, vesting in him the said George Turner his heirs and assigns for
ever, in fee simple, all the right and interest of the people of this State
of in or to the said three hundred and sixty five' acres of land.
A/zd w/eereas Francis Dominick hath set forth by his petition, that he
became the purchaser of one half of the township, number twenty ﬁve,
in jessups alias Totten and Crosﬁelds purchase, for which he hath not
been able to maks due payment, for the reasons in the said petition con-
tained. Therefore,
Be ilfariﬁer eizaez‘ed ﬁy z‘lie aziz‘lzorizfy aforesaid, That the commission- Francis
ers of the land ofﬁce of this State, do, and they are hereby empowered 300331“
and required, within three calender months from the passing of this act, ance 150.
(if full payment shall be previously made to the treasurer of this State,
of such part of the purchase money, as yet remains to be discharged
with interest from the time the same became due,) to cause letters patent
under the great seal of this State to issue to the said Francis Dominick,
H
d.
588
LAWS OF NEW YORK. [CHAR 102.
Courts in
Washing-
ton county.
Harpers-
ﬂeld , town
erected.
Melancton
Smith and
Hendrick
Wyckoﬂ',
certiﬁcate
to.
John
Sayre, cer-
tiﬁcate to.
vesting in him the said Francis Dominick his heirs and assigns for ever,
the fee simple of the moiety or half part of the township aforesaid, with
such apt and proper words of description as the said commissioners of
the land ofﬁce shall deem necessary.
And w/zereas the courts of common pleas and general sessions of the
peace, in and for the county of Washington, are now held in Salem, in
the said county; and it-hath been represented to this legislature, that it
would be more convenient for the inhabitants of the said county, to
hold the said courts once in every year in Argyle. Therefore,
Be it fnrt/zer enacted by t/ze ant/zority aforesaid, That from and after
the passing of this act, the courts of common pleas and general sessions
of the peace in and for the county of Washington, shall thenceforth be
held at Salem aforesaid, on the last Tuesday in May, and on the ﬁrst
Tuesday in November in every year and at the house of A-diel Sher-
wood Esquire, at Fort Edward, in the township of Argyle on the sec-
ond Tuesday of February, in every year, any thing in any other law
contained, to the contrary thereof, in any wise notwithstanding.
And ﬁe it fart/zer enacted ﬁy t/ze aat/zorizj/ aforesaid, That all the tract
of land in the county of Montgomery, between the Cookquago branch
of the Delaware river, and the branch of the Susquehannah river,
called Adigitange, beginning at a rock maple tree marked on four sides
with a blaze and three notches, and with letters and ﬁgures A C 1768,
standing on a high point of land, at the south side of a small pond of
water, called by the Indians Utstayantho, from whence the said branch
of the Delaware, called by the Indians Cookquago issues, and running
from thence north thirty degrees west to the said Adigitange, and thence
down the same to where the same falls into the Susquehannah, and then
down the Susquehannah to a brook called Ouel el Ouit, thence on a
direct line to a brook called Canauscutje and then along the same to
the said river Delaware, and then up the same river to the place of
beginning, shall be, and hereby is erected into a township by the name
of Harpersﬁeld; and that the freeholders and inhabitants of the said
township, shall be, and hereby are empowered to hold town meetings,
and choose such town ofﬁcers as the freeholders and inhabitants of any
district in the said county of Montgomery, may do by law, and shall
have the same powers and privileges. And that the ﬁrst town meeting
shall be held at the house of Alexander Harper, in Harpersﬁeld, on the
ﬁrst Tuesday in june next.
And a; it fart/zer enacted oy t/ze ant/zority aforesaid, That the treasurer
of this State issue to Melancton Smith and Hendrick Wyckoff, a certiﬁ-
cate for the sum of two hundred and eighty one pounds twelve shillings
and eight pence, bearing interest at ﬁve per cent from the day on which
their respective accounts as deputy state agents under Udney Hay were
audited by the auditor of the State, being the ballance due to them,
after deducting the sum of three hundred and eighty eight pounds
seventeen shillings and one penny, due from them, as copartners to the
State, for wheat purchased from Robert Hoffman treasurer of Dutchess
county, by the said Melancton Smith, in the year one thousand seven
hundred and eighty two. ,
That the said treasurer issue to John Sayre, a certiﬁcate for twenty
ﬁve pounds ﬁve shillings, bearing an interest of ﬁve per cent per annum,
from the ﬁfteenth day of October one thousand seven hundred and
seventy seven, in payment for six hundred and six pounds weight of
beef at that time furnished by him to the regiment of militia commanded
by Colonel John Hathorn, which was employed in guarding waggons
_ loaded with ammunition and military stores belonging to the United
CHAP. 102.] TENTH SESSION.
589
States, from Newburgh to Easton, by the order of his excellency the
governor, at the request of the commander in chief of the army of the
United States and that the treasurer charge the same to the United
States.
That the said treasurer pay to the corporation of the city of New
York, for quit rents on certain water lots forfeited to the people of this
State by the respective attainders of Oliver Delancey and john \Veather-
head, and the conviction of Waldron Blouw and sold by the commis-
sioners of forfeiture for the sourthern district, the sum of one hundred
and thirty two pounds eighteen shillings and ﬁve pence one farthing,
which is due to the said corporation, after deducting the quit rents, for
seven years, during the war.
That the said treasurer issue certiﬁcates to the treasurer of Suffolk
county for such sums, reduced by the scale of depreciation, bearing an
interest of ﬁve per cent per annum, from the eighth day of March one
thousand seven hundred and seventy nine, as he has received from the
committee of Seabrook and Gillford in Connecticut, for cattle and
sheep transported from the said county, and by them sold, and the
treasurer of the said county is hereby directed to pay the same to the
respective persons to whom such cattle and sheep did belong.
And be it farZ/zer erzaez‘ed by i/ze aai/zoriiy aforesaid, That his excel-
lency the governor be and he is hereby authorized and impowered, to
draw from the treasury such sum or sums of money as he may deem
necessary not exceeding the sum of one thousand pounds, to enable him
to hold a conference with the Indians of the six nations agreeable to
concurrent resolutions of the legislature at their present meeting.
A 12d be iz‘ farz‘ber erzaez‘ed by Me aai/zorizfy aforesaid, That it shall and Public oﬁi-
may be lawful, for any public ofﬁcer who was employed during the late
war under the authority of the United States, and who now is or here—
after shall be prosecuted for services performed at his request, or arti-
cles by him purchased or taken for the United States or this State, to
tender in court, the same public securities of the United States, or of
this State, as he has received, or shall receive on the settlement of his
accounts, for such services performed, or articles purchased as aforesaid
in full discharge of such demand.
New York
city, water
lots.
Suffolk
CO
06
to
tinty,
rtiﬁcabes
Governor,
appropria-
tion for
In
dian
affairs.
06
1'8, pay-
ments by.
And be it farf/zer enacted by Me aai/zoriz‘y aforesaid, That it shall and Sluman
may be lawful for the commissioners of the land ofﬁce, to grant to Slu-
man \Vattles, such letters patent for a certain proportion or part of a
tract of land in Montgomery county, as john Harper, who has sold and
transferred his interest therein, to the said Sluman Wattles, would have
been entitled to receive, in virtue of the determination of the said com-
missioners, if the sum directed to be paid for the said land, had been
paid into the treasury, within the time limited by law, on the treasurers
certifying that such sum is deposited with him by the said Sleuman
W'attles, for the payment of the said lands.
A 12d be it fari/zer enacted by Me aai/zoriiy aforesaid, That it shall and
may be lawful for the auditor of the State, in settling the accounts of
Michael Connolly, to allow him for his services, as agent, to the second
New York regiment, in pursuance of the act of Congress of the twenty
seventh day of March, one thousand seven hundred and eighty ﬁve, the
pay and rations of a lieutenant from the third day of November one
thousand seven hundred and eighty three, to the ﬁrst day of Belay next
and to charge the same to the United States.
And 'w/zereas a certain farm in Dutchess county forfeited by the
attainder of Malcolm Morrison and conveyed by the commissioners of
forfeitures to Philip Pelton, Benjamin Pelton and Daniel Pelton, for the
WV ttle
as,
convey-
anceto.
Michael
Connolly,
ac
of
counts
590
LAWS OF NEW YORK. [CHAR 103.
John Ogil-
vie. execu—
tors of.
Goshen
drainage ,
ad vertise-
ment of.
Certain
certiﬁcates
not re-
ceivable.
Appoint-
ment of
commis-
sioners to
ﬁll vacan-
cies.
sum of ﬁve hundred pounds, was, on the twenty ﬁfth day of March one
thousand seven hundred and seventy two, mortgaged by the said Malcolm
Morrison, to John Ogilvie deceased, for the payment of one hundred
and eighty three pounds ﬁfteen shillings, with lawful interest. Therefore
Be it enaeted by the authority aforesaid, That it shall and may be law-
ful for the treasurer, out of any monies which shall be in the treasury
unappropriated, to pay to the executors or administrators of the said
John Ogilvie, the said principal sum of one hundred and eighty three
pounds ﬁfteen shillings, with the interest thereof, from the date of the
said mortgage, or so much thereof as shall appear to be due, to the time
the same shall be paid.
lVhereas by an act of the late colony, now State of New York, passed
the sixth day of February one thousand seven hundred and seventy
three, entitled “An act to raise ﬁfteen hundred pounds for draining the
drowned lands in the precinct of Goshen in Orange county,” certain
proceedings in the said act mentioned were directed to be advertised in
a public newspaper, commonly called the New York Gazette and Weekly
Mercury.
And whereas at this time there is not any paper with such title or
description, printed in this State. Therefore _
Be it enaeted by the authority aforesaid, That all the proceedings in
the said act mentioned may be published in any of the newspapers
printed in this State, for four weeks successively, which shall be as valid
to all intents and purposes, as if the same had been published in the
news paper ﬁrst above mentioned.
And be it further e/zaeted by the authority aforesaid, That it shall not
be lawful for the treasurer of this State, or the surveyor general of this
State, or any of the commissioners of forfeitures, to receive in any pay-
ment, any certiﬁcate, issued either by William Denning, Joseph Bindon,
Jonathan Burrell, John Pierce, Joseph Pannel, or Edward Fox, unless
such certiﬁcates as aforesaid, have been, or shall be issued, to a person
or persons, who were actually citizens of this State, at the time when
the services were performed, or articles furnished, for which such cer-
tiﬁcates have been, or shall be granted, and if such certiﬁcates shall be
for articles furnished, that such articles were furnished within this State:
and the treasurer of this State, and the surveyor general of this State,
And the commissioners of forfeitures, for the time being, are hereby
respectively authorized and required, to examine upon oath or other-
wise any person who shall offer any of the said certiﬁcates in payment,
or any other person, in order to determine whether such certiﬁcate or
certiﬁcates are receivable, according to the true intent and meaning of
this act or not.
CHAP. 103.
AN ACT supplementary to an act entitled An act for running
out and marking the jurisdiction line between this State and
the commonwealth of Pennsylvania, and for other purposes
therein mentioned.
PASSED the 21st of April, 1787.
Be it enaeted by the People of the State of New Yorh represented in
Senate and Assembly and it is hereby enacted by the authority of the same
That it shall and may be lawful for the person administring the govern-
ment of this State for the time being, by and with the advice of the
‘CHAP. 103.] TENTH sEssioN. 591
council of appointment, to appoint and commission under the great seal
of this State, one or more commissioners to continue the running out,
marking and ascertaining the line of jurisdiction between this State and
the commonwealth of Pennsylvania, in the room of such of the commis-
sioners appointed by virtue of the act entitled “An act for running out
and marking the jurisdiction line between this State and the common-
wealth of Pennsylvania,” as shall have resigned, declined the ofﬁce, be
sick or unable to attend the same: And that the commissioners so
appointed and to be appointed, or such two and not more than three of
them, as the commissioners of the land ofﬁce shall direct, are hereby
authorised on the part of this State, to meet with such person or persons
who may have been or shall be authorised and appointed on the part of
the commonwealth of Pennsylvania aforesaid.
14720-7 zel/iereas by an act entitled “An act for the speedy sale of the
unappropriated lands within this State and for other purposes therein
mentioned,” the commissioners of the land ofﬁce are authorized, when-
ever they think proper, to direct the surveyor general to proceed to the
sale of lands, without making a previous actual survey thereof. And
w/zereas, difﬁculties may arise to the proprietors of such lands by hav-
ing them surveyed by different persons ; for prevention whereof,
Be iz‘ farz‘ﬁer e/zaez‘ed ﬁy l/ze azel/ioriz‘y aforesaid, That before the pro- Surveyal of
prietors of any lands hereafter to be sold, without being previously sur- gﬁﬁﬁesgﬁ.
veyed, proceed to divide or settle the same, they shall make application VQY made-
to the surveyor general, in writing, to run the out lines thereof. And
it is hereby made the duty of the said surveyor general to cause the
same to be done as soon as may be after such application shall have
been made. And fzirz‘lzer that in every survey hereafter to be per-
formed by the surveyor general by virtue of his ofﬁce, he shall give
notice to the proprietors when he will commence the same: And if
such proprietors shall attend, or cause some person to attend at such
time with a ﬂag-bearer, two markers, a sufﬁcient quantity of provision
for the purpose, and the means of transporting it as occasion shall
require, the said surveyor general shall cause such survey to be made,
and be allowed to charge such proprietors for the services of a surveyor
at the rate of twenty shillings per day and for two chainbearers, to be
furnished by him, four shillings per day each. And fare/ler, that the
thirtieth section of the said act shall be and hereby is repealed.
IQZXYVfS
STATE or NEW-YORK,
FIRST MEETING OF THE ELEVENTH SESSION OF THE LEGISLA-
TURE OF THE SAID STATE.

cum. 1. :
AN ACT to naturalize Robert Edmeston.
PASSED the 6th of February_ 1788.
preamble, WHEREAS Robert Edmeston hath by his petition to the legislature,
prayed, that an act of naturalization might be passed in his behalf.
Therefore
Robert, Be it enacted oy t/ze People of t/ze State of New York, represented in
Egtngfjion Senate and Asset/col)’, and it is here/1)) enacted Zzy t/ze ant/zority of t/ze sanze,
ized. That the said Robert Edmeston shall be, and he is hereby naturalized,
and shall from and after having taken and subscribed, in any court of
record within this State, the oath of allegiance to this State, and abjured
and renounced all allegiance and subjection to all and every foreign
King Prince Potentate and State, in all matters ecclesiastical as well
as civil, be deemed a citizen of this State, to all intents, constructions
and purposes whatsoever; and that the court, in which the said Robert
Edmeston shall be admitted to take such oath, shall cause an entry
thereof to be made, in the minutes of the said court, and shall give a
certiﬁcate to the said Robert Edmeston, purporting, that he hath been
admitted to such oath, in the said court, in pursuance of this act ; and
that he shall upon taking of such oath, pay to the judges of such court,
six shillings, and to the clerk thereof three shillings.
And zo/zereas the said Robert Edmeston, hath by his said petition
represented, that he hath unadvisedly made purchase of lands and ten-
ements in this State, and hath prayed relief in the premises. Therefore,
Previous Be it fart/zer enacted 12y t/ze aat/iority aforesaid, That any lands ten-
pumhases ements or hereditaments, lying within this State, and purchased previous
oflands _ _ ,
ilesalized- to the passing of this act, by the said Robert Edmeston, shall not on
CHAP. 2.] ELEVENTH SESSION.
593
account of such purchase being previous to the passing of this act,
escheat to the people of this State, but shall vest in the said Robert
Edmeston, or persons holding under him, in the same manner, as if he
had been naturalized at the time of such purchase.
And be if furt/zer erzaez‘ed by Me azei/zoriz‘y aforesaid, That if the said
Robert Edmeston shall not take oath of allegiance and abjuration afore-
said in manner herein before directed, within twelve months next after
the passing of this act, he shall have no'manner of beneﬁt by this act,
any thing herein contained to the contrary thereof in any wise notwith-
standing.
CHAP. 2.
AN ACT to prevent delays of proceedings at the general sessions
of the peace and abuses in suing out writs of certiorari.
Passer) the 6th of February, 1788.
Be it e/zaefed by f/ze People of f/ze Siaie of N'ew Yor/c, refreserzz‘ed in
Senate and Assembly, and ii‘ is bereby e/zaez‘ed by Me aaf/zoriz’y of Z/ze same,
That all writs of certiorari, for the removal of any indictment or pre-
sentment or any judgment or order, out of any court of general ses-
sions of the peace, shall be delivered at the sessions of the peace in
open court.
A no’ be iz‘fari/zer mated by Me aaz‘boriz‘y aforesaid, That in term time
no writ of certiorari whatsoever at the prosecution of any party in-
dlcted or presented be hereafter granted awarded or directed out of the
supreme court to remove any indictment or presentment of or for any
trespass, riot, forcible entry, assault and battery, fraud, nusance con-
tempt or misdemeanor whatsoever before trial had from before any
justices in their courts of general sessions of the peace, unless such
certiorari shall be granted or awarded upon motion of counsel by rule
of court made for the granting thereof before the justice or justices of
the supreme court, sitting in open court, and that all the parties indicted,
prosecuting such certiorari before the allowance thereof shall ﬁnd two
sufﬁcient sureties who shall enter into a recognizance, to the people of
the State of New York, before one of the justices of the supreme court,
or before one or more justices of the peace of the county or place or
before the justices at their general sessions of the peace of the county
or place where such indictment or presentment shall be found or made
in the sum of ﬁfty pounds, with condition that the party or parties so
indicted or presented, and prosecuting such certiorari, shall at the return
of such writ, appear and plead to the said indictment or presentment
in the said supreme court, and at his her or their own costs and charges
cause and procure the issue that shall be joined upon the said indict-
ment or presentment or any plea relating thereto, to be tried at the next
circuit court to be held for the county wherein the said indictment or
presentment was found or made, after such certiorari shall be return-
able, if not in the county where the said supreme court shall set, and if
in such county, then to cause or procure it to be tried the next term
after such certiorari shall be granted, if the said supreme court shall not
appoint any other time for the trial thereof, and if any other time shall
be appointed by the said supreme court, then at such other time, and
shall give due notice of such trial, to the prosecutor or his attorney, and
shall appear from day to day in the said supreme court, and not depart,
VoL. 2. — 75
Oath of
allegiance
to be taken
within one
year.
Writs of .
certiorari .
During
term time
to be
granted in
open court.
LAWS OF NEW YORK. [CHAR 2.
Costs in
certiorari
in criminal
cases.
Security to
be given
before writ
issued.
until he, she or they shall be discharged by the said court. And more-
over that in any of the vacations, writs of certiorari may be granted by
any of the justices of the supreme court, whose name shall be endorsed
on the said writ, and also the name of such person at whose instance
the same is granted; and that the party or parties, indicted or pre-
sented, prosecuting such certiorari, shall, before the allowance of such
writ or writs of certiorari, ﬁnd such sureties, in such sum, and with such
conditions as are before mentioned and speciﬁed. And further that
every recognizance taken as aforesaid shall be delivered to the court or
justices to whom the certiorari is directed, together with the said writ
and the recognizance so taken as aforesaid shall be certiﬁed into the
said supreme court with the said certiorari and indictment or present-
ment, and there ﬁled, and the name of the prosecutor, if he be the party
grieved or injured, or some public ofﬁcer, shall be indorsed on the back
of the said indictment or presentment, and if the person prosecuting
such certiorari, being the defendant, shall not, before allowance thereof,
procure such sureties to be bounden in a recognizance as aforesaid, the
justices of the peace may and shall proceed to trial of the said indict-
ment or presentment at the said general sessions of the peace notwith-
standing such writ of certiorari so delivered.
And be it farther enacted by the authority aforesaid, That if the defend—
ant prosecuting such writ of certiorari be convicted of the offence for
which he was indicted or presented, that then the said supreme court
shall give reasonable costs to the prosecutor if he be the party grieved
or injured, or be a justice of the peace, mayor, recorder, alderman con-
stable, or overseer of the poor, or any other civil ofﬁcer, who shall pros-
ecute upon the account of any fact committed or done, or any thing
omitted, that concerned him or them as ofﬁcer or ofﬁcers to prosecute
or present, which costs shall be taxed according to the course of the
said supreme court; and that the prosecutor for the recovery of the said
costs shall at any time after the expiration of ten days after demand
made of the defendant and refusal or neglect of payment, proof thereof
being made on oath, have an attachment granted against the said defend-
ant by the said court for such his contempt, and that the said recogni-
zance shall not be discharged till the costs so taxed shall be paid.
And whereas in many cases where justices of the peace are impowered
by law to give or make judgments or orders, writs of certiorari have
been procured to remove such judgments or orders into the supreme
court in the hope thereby to discourage and weary out the parties con-
cerned in such judgments or orders, by great delays and expences; For
remedy whereof, Be it farther enacted, by the authority aforesaid That
no certiorari shall be allowed to remove any such judgment or order
from before any justice or justices of the peace, or general sessions of
the peace, other than judgments given or to be given in suits or actions
for debts or demands, between party and party, made or to be made
cognizable before justices of the peace or any of them, unless the party
or parties prosecuting such certiorari, before the allowance thereof, shall
ﬁnd sufﬁcient sureties who shall enter into a recognizance to the people
of the State of New York before one of the justices of the supreme court,
or before one or more justices of the peace of the county or place, or
before the justices at their general sessions of the peace of the county
or place, where such judgment or order shall have been given or made
in the sum of ﬁfty pounds, with condition that the party or parties pros-
ecuting such certiorari shall prosecute the same at his, her or their own
costs and charges to effect, without any wilful or affected delay, and
perform such judgment or order as the same supreme court shall give or
CHAP. 3.] ELEvENTH SESSION. 595
make against him or them in the premises, and pay the party or parties
in whose favour or for whose beniﬁt, such judgment or order so to .be
removed was given or made, within one month after the said judgment
or order shall be conﬁrmed, his, her or their full costs and charges, to
be taxed according to the course of the said supreme court; and in case
the party or parties prosecuting such certiorari shall not procure such
sureties to be bound in such recognizance as aforesaid, it shall and may
be lawful for the said justice or justices, or court of general sessions of
the peace to proceed and make such further order or orders for the '
beneﬁt of the party or parties, for whom such judgment or order shall
be made or given, in such manner as if no certiorari had been granted
'or delivered; aizdfzerz‘lzer that every recognizance to be taken as afore-
said, shall be delivered together with the writ of certiorari, to the jus-
tice or justices, or court to whom such writ shall be directed, and the
said recognizance shall be certiﬁed into the said supreme court with the
said certiorari, and the judgment or order removed thereby, and there
ﬁled; and if the said judgment or order shall be conﬁrmed by the said
court, the person or persons entitled to such costs, for the recovery
thereof at any time after the expiration of ten days, after demand made,
of the person or persons who ought to pay the said costs, upon oath
made of the making such demand and refusal or neglect of the payment
thereof, shall have an attachment against him, her or them, granted by
the said court for such comtempt, and the said recognizance so given,
upon the allowing of such certiorari shall not be discharged, until the
costs shall be paid, and the judgment or order so conﬁrmed shall be
complied with, and obeyed.
Aria’ ﬁe ii‘ furl/ler e/zaez‘ed ﬁy z‘lze azif/iorz'zy aforesaid, That no Writ of write to be
certiorari shall be hereafter granted to remove any indictment, present- ﬁg‘ggigt
ment, judgment, order recognizance or other process or proceeding, gggggmp
unless the same writ be signed with the proper hand, of one of the jus- '
tices of the supreme court, and in default thereof such writ shall be void, '-
and of none effect.
CHAP. 3.
AN ACT to avoid unnecessary delays of executions.
PASSED the 6th of February, 1788.
Be it e/zaeled ﬁyi z‘lze People of l/ze Sz‘az‘e of rVew Yor/e represe/zz’ed in Execution
Se/iale and Assemﬁly and i2‘ is ﬁereﬁy eizaez‘ed ﬁy f/ze azif/eoriify of r/ze same, 2% bgtgtay'
That no execution shall be stayed or delayed upon or by any writ of onb'iviienl
error, or supersedeus thereupon to be sued for the reversing of any ,sﬁséllifty
judgment'given or to be given in any action of debt upon any single
bond for debt, or upon'any obligation with condition for the payment
of money only, or upon any action of debt, for rent or upon any con-
tract sued in any court of record in this State, unless such person or
persons in whose name or names, such writ of error shall be brought,
with two sufﬁcient sureties, such as the court, wherein such judgment is
or-shall be given, shall allow of, shall ﬁrst before such stay made or
supersedeas awarded, be bound unto the party for whom any such
judgment is or shall be given, by recognizance, to be acknowledged in
the same court, in double the sum adjudged to be recovered by the said
former judgment, to prosecute the said writ of error with effect and also
to satisfy and pay, if the said judgment shall be afﬁrmed, all and singu-
596
LAWS OF NEW YORK. [CHAR 4.
Writs of -
error after
verdict in
Writs of
dower.
Guardian,
bailiff, etc.,
how com-
pelled to
account.
lar the debts, damages and costs adjudged or to be adjudged upon the
former judgment, and all costs and damages to be awarded for the delay
of execution. Andfart/zer that no execution shall be stayed or delayed
in any of the courts aforesaid by any writ or writs of error, or super-
sedeas thereupon after any verdict and judgment thereupon obtained in
any personal action whatsoever, unless such recognizance, and in such
manner as is above directed, shall be ﬁrst acknowledged in the said court
where such judgment is or shall be given.
And be it fart/ter enacted éy t/ze ant/zority aforesaid, That in writs of
error to be brought upon any judgment after verdict in any writ of
dower, or in any action of ejectment, no execution shall be thereupon
or thereby stayed, unless the plaintiff or plaintiffs in such writ of error
shall be bound unto the plaintiff in such writ of dower or action of
ejectment, in such reasonable sum as the court to which such writ of
error shall be directed, shall think ﬁt, with condition that if the judg-
ment shall be afﬁrmed in the said writ of error, or if the said writ of error
be discontinued in default of the plaintiff or plaintiffs therein, or if the
said plaintiff or plaintiffs be nonsuit in such writ of error, that then the
said plaintiff or plaintiffs, shall pay such costs, damages, and sum and
sums of money as shall be awarded upon or after such judgment afﬁrmed,
discontinuance, or nonsuit. And to the end that the same sum and
sums of money and damages may be ascertained, the court wherein such
execution ought to be granted, upon such afﬁrmation, discontinuance,
or nonsuit shall issue a writ to inquire as well of the mesne proﬁts, as of
the damages by any waste committed after the ﬁrst judgment in dower
or in ejectment, and upon the return thereof judgment shall be given
and execution awarded, for such mesne proﬁts and damages, and also
for the costs of suit. Broz/ided always, that this act or any thing therein
contained shall not extend to any writ of error to be brought by any
executor or administrator; nor to any action popular; nor to any action
upon any penal statute; nor to any indictment, presentment, inquisi-
tion, information, or appeal.
CHAP. 4.
AN ACT for giving further remedy by action of account.
PASSED the 6th of February, I788.
Be it enacted oy the People of t/ze State of fv'ew York, represented in
Senate and Assembly and it is /zereti y enacted oy t/ze aat/zority of t/ce same,
That where any person is or shall be bound or liable to account, as
guardian, bailiff, receiver or otherwise, to any other, and will not give
account willingly and the party to whom such account ought to be made,
shall sue out a writ of account, if the person against whom such writ is
issued, being summoned, do not appear at the return of the writ, or if
it be returned that the defendant hath nothing, then the defendant shall
be attached by his or her body to come and make his or her account,
and if it be returned that the defendant cannot be found, the process
may be pursued to the exigent and outlawry thereupon; and when such
accountant shall appear in court and submit or be adjudged to account,
auditors shall be assigned to take his or her account, and if he or she
shall be found in arrears and cannot pay the arrears and the costs of
suit forthwith, he or she shall be committed to goal, there to be kept
CHAP, 5.] ELEVENTH SESSION.
597
under safe custody, living at his or her own costs, until he or she shall
have fully satisﬁed such arrears, with the costs of suit: And if such
accountant shall neglect or refuse to account before the auditors, he or
she shall be committed to goal, there to be kept as aforesaid until he or
she shall satisfy the plaintiff of his or her demand, with costs as afore-
said. Andfnrtber, that if it shall be found, that there is a surplusage
due on such account from the plaintiff to the defendant, then the defend-
ant, shall have judgment to recover such surplusage, with costs of suit,
against the plaintiff, unless where the suit is brought by executors or
administrators in right of their testator, or intestate, in which case the
defendant shall not recover costs against them. 'And the defendant
shall or may have such execution for the same, as he or she might have
had, if he or shehad recovered such surplusage by action of debt. And
)20/"6’02'57' if any sheriff or goalcr shall suffer any such prisoner to go out
of prison, without the assent of the plaintiff he shall be answerable to
the plaintiff for the debt or damages done to him or her by such account-
ant, according as it may be found by the country; and the party at
whose suit such prisoner was committed shall have his or her recovery
by action of debt, or by bill or plaint in any court of record.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That actions of
account shall and may be brought and maintained by one joint-tenant
or tenant in common, his or her executors or administrators, against the
other, as bailiff for receiving more than comes to his or her just share or
proportion, and against the executors or administrators of such joint-
tenant or tenant in common.
And be it fart/zer enacted by t/ze ant/zority aforesaid, That the auditors
appointed by the court where any action of account shall be depending,
shall be and hereby are empowered to administer an oath, and to exam-
ine the parties on oath touching the matters in question; and for their
pains and trouble in auditing and taking such account, shall have such
allowance as the court shall adjudge to be reasonable, to be paid by the
party in whose favour the ballance shall be found, and to be allowed to
him or her in the costs to be taxed against the opposite party, where
costs are recoverable.
CHAP. 5.
AN ACT to prevent abuses and delays in actions of replevin.
PASSED the 6th of February, 1788.
Be it enaeted by the People of tbe State of New Yor/e, represented in
Senate and Assembly and it is bereby enacted by t/ze az/t/iority of tbe same,
That if the beasts or goods or chattels of any person at any time
hereafter be taken and wrongfully detained, the sheriff, by a writ of
replevin to be issued out of the chancery, or upon complaint thereof to
him to be made without writ, shall cause the same beasts or goods or
chattels to be replevied and delivered, without let or gainsaying of the
person who took them, whether they were taken within liberties or with-
out, and shall summon the person who took them to appear, if the suit
be by writ, at the return thereof, and if by plaint, at the next court of
common pleas to be held in his county, to answer the plaintiff of the
taking and unjust detention of the same beasts or goods or chattels.
And if any defendant shall not appear according to such summons, then
Joint ten-
ancy, ac-
counting
in.
Auditors
to be
sworn; al-
lowance t0.
Writs of
replevin.
598 LAWS OF NEW YORK. [CHAR 5.
he or she shall be attached and if such defendant shall not appear upon
the return of the attachment, then he or she shall be distrained from
time to time until he or she shall appear to answer the plaintiff. A/zd
Form of fart/ler, that such plaint before the sheriff shall be in writing and in the
following form, “ West-Chester county, to wit, A. B. of Bedford in the
sheriff- county of West Chester yeoman complains of C. D. of the manor of
Pelham in the county of West Chester gentlemen of a plea of taking and
unjustly detaining his beasts (or his beasts, goods and chattels, or his
goods and chattels, or his certain mare or his certain silver bowl) and
gives security to prosecute his said complaint and to return the same
beasts, if return thereof shall be adjudged; which plaint the sheriff shall
return to the next court of common pleas to be held in and for his
county, in the same manner as if it was a writ of replevin returnable
into the same court, and the like proceedings shall thereupon be had in
the same court as may or ought to be had upon a writ of replevin. And
mereezler, it shall be lawful for either party in any writ or plaint in
replevin to be depending in any court of common pleas at any time
before any juror is sworn or any judgment obtained to cause the writ or
plaint and the proceedings thereon to be removed into the supreme court,
by writ of certiorari and such proceedings shall be thereupon in the
supreme court as if the suit had been originally commenced in the
supreme court.
Writs to be And ﬁe z'z‘ fare/ter enacted éy Z/ze aut/wrz'z‘y aforesaid, That all writs of
returnable replevin shall henceforth be made returnable in the supreme court or in
to supreme
0mm or the court of common pleas in and for the county where the beasts or
‘ mmon - .
gieas; goods or chattels, for the taking whereof the writ shall be brought, were
Torin» taken and shall be in the form following, The people; to the sheriff; If
A. B. of the city of New York merchant shall give you security to prose-
cute his complaint and to return his beasts (or his beasts, goods and
chattels or his goods and chattels, or his certain horse, or his certain
silver tankard), which C. D. of Goshen in Orange county gentleman
took and unjustly detains against gages and pledges, as he saith, if
return thereof shall be adjudged; then cause the same beasts to be
replevied and delivered to the aforesaid A. B. without delay and sum-
mon, by good summoners, the aforesaid C. D. that he be before our
justices of our supreme court (or our judges and assistant justices of
our court of common pleas to be held in and for your county) at (such
a place) on (such a day) to answer the aforesaid A. B. of a plea of tak~
ing and unjustly detaining the beasts aforesaid.
Execution A 12d ﬁe z'z‘fzeeZ/zer emzez‘ed ﬁy Z/ze az/t/zm'z'fy aferesaz'zz’, That if any person
gﬁggg by shall take the beasts or goods or chattels of another and drive or con-
vey and put them into any house or place of strength and the person
from whom the same beasts or goods or chattels shall be taken, sues for
a replevin thereof by writ or plaint, the sheriff shall solemnly demand
deliverance thereof at the house or place where the same are detained,
and if neither the taker nor any person on behalf of such taker, shall,
upon demand, deliver. the same, or if no person shall come upon such
demand to deliver the same, the sheriff shall take the power of his county
and break open such house or place of strength and make replevin
according to the writ or plaint.
Sheriff And a) 2k‘ furl/lee enacted by f/ze auZ/wrz'zj/ aforesaid, That every sheriff
Zgctﬁiﬁyo before he makes deliverance of any beasts, goods or chattels, by virtue
of any writ or plaint in replevin, shall take of the plaintiff sufﬁcient
security to prosecute the suit and to return the same beasts, goods or
chattels, if return thereof shall be adjudged, and if any sheriff shall take
security otherwise, or neglect to take such security, he shall- answer for
CHAP. 5.] ELEVENTH SESSION.
599
the price or value of the beasts goods and chattels, and the person who
distraineth shall have his ,or her recovery by writ that he shall restore
to him or her so many beasts, goods or chattels.
And oe z'z‘fzerf/zer e/zaez‘ed oy Z/ze azef/zorz'zj/ aforesaid, That if the plaintiff
in any action or suit in replevin shall make default and a return of the
beasts or goods or chattels is awarded to the distrainor, the sheriff shall
be commanded by a judicial writ to make return of the beasts or goods
or chattels unto the distrainor; in which writ it shall be expressed that
the sheriff shall not deliver them without writ making mention of the
judgment, which cannot be without a writ issuing out of the same court
in which the matter was moved; and if the plaintiff cometh unto them
and desireth replevin of the same beasts, goods and chattels, he or she
shall have a judicial writ, that the sheriff, taking security for the suit
th return of the same beasts, goods and chattels, or for
the price or value of them, if return shall be awarded, shall deliver unto
the plaintiff the beasts, goods and chattels before returned and the dis-
trainor shall be attached to come and be at a certain day at the court
in which the plea was moved, in the presence of the parties, and if the
plaintiff make default again or for another cause return of the distress
be awarded, being now twice replevied the distress shall remain irre-
pleviable. But if a distress be taken of a new and for a new cause, the
process aforesaid shall be observed in the same new distress.
A/zd w/zereas frequent abuses have been committed in the execution
of writs of replevin, by sheriffs making deliverance, notwithstanding due
notice and claim of property have been interposed by the defendant or
possessor; for the more effectual prevention whereof;
Be 2'2‘ farz‘lzer e/zaez‘ed oy Z/ze aza/zorz'z‘y aforesaid, That if at any time
hereafter, on a writ or plaint of replevin, the defendant in replevin or
possessor, shall claim property in the thing whereof deliverance is sought,
and the sheriff, either by himself, his under-sheriff or bailiff, having due
notice, shall nevertheless proceed to make deliverance, and dispossess
such defendant thereof, before the claim of property shall be inquired
into or tried, according to law; such sheriff, for every such offence,
shall, besides being answerable to the defendant for the trespass, for-
feit the sum of one hundred pounds, to be recovered by any person who
shall sue for the same, in any court of record, by action of debt, bill,
plaint, or information; the one moiety thereof to the use of the person
who shall sue for the same, and the other moiety thereof to the use of
the people of this State.
And be 22‘ furl/ler e/zaez‘ed 12y Z/ze aaf/zorz'zjv aforesaid, That no distress
of beasts shall be driven out of the town, manor, district or precinct
where such distress is or shall be taken, except that it be to a pound-
overt within the same county, not above three miles distant from the
place where the said distress shall be taken, and that no beasts or goods
or chattels distrained or taken by way of distress, for any cause whatso-
ever, at one time, shall be impounded in several places, whereby the
owner or owners of such distress shall be constrained to sue several
replevins for the delivery of the said distress so taken at one time; upon
pain that every person offending therein shall, for every such offence,
forfeit to the party grieved ten pounds and treble damages, to be recov-
ered in any court of record, by action of debt, bill, plaint or information.
And a; z'z‘fart/zer erzaez‘ed a)’ f/ze aaf/zorz'fy aforesaid, That every sheriff
shall in every replevin of a distress for rent, take, in his own name from
the plaintiff and two sureties, a bond in double the value of the beasts
or goods or chattels distrained (such value to be ascertained by the oath
of one or more witnesses not interested and which oath such sheriff is
and also for
Proceed-
ings after
execution
of Writ by
sheriff.
Trial of
contro-
verted title
to property
Distress of
beasts not
to be taken
out of
town where
distress
made.
Distress
for rent.
600
LAWS OF NEW YORK. [CHAR 5.
Id.
Writs of
replevin,
etc., plead-
ings in ..
Sheriff’s
jury to de-
termine
arrears of
rent.
hereby authorised to administer) and conditioned for prosecuting the
suit with effect and without delay and for returning the beasts or
goods and chattels, in case a return shall be awarded, before any deliv-
erance be made of the distress; and the sheriff shall at the request and
costs of the defendant, avowant or person making cognizance, assign
such bond to the defendant, avowant or person making cognizance, by
indorsing the same and attesting it under his hand, in the presence of
two witnesses; and if the bond be forfeited the defendant, avowant, or
person making cognizance, may bring an action thereupon in his or her
own name, and the court may, by rule give such relief, to the parties
upon such bond, as shall be agreeable to justice and such rule shall have
the nature and effect of a defeazance to such bond.
And a it fart/ter enacted oy t/ze ant/zorizj/ aforesaid, That wheresoever
any lands, tenements or hereditaments, are or shall be held by any per-
son or persons, by rents, customs or services, if the person of whom any
such lands, tenements or hereditaments are or shall be held, shall dis—
train upon the same lands or tenements, for any such rents; customs or
services, and replevin thereof be sued, the person of whom the same
lands, tenements, or hereditaments are or shall be so holden may avow,
or his or her bailiff or servant make cognizance or justify, fortaking the
said distress upon the same lands, tenements or hereditaments so holden,
as in lands or tenements within his or her fee, alledging in the said
avowery, cognizance and justiﬁcation, the same lands and tenements to
be holden of him or her, without naming any person certain to be ten-
ant of the same and without making any avowery, cognizance or justiﬁ-
cation upon any certain person. And that the distrainor, or his or her
bailiff or servant, may make avowery, cognizance or justiﬁcation in like
manner and form upon every writ of second deliverance.
And a; it fart/ter enacted [7y t/ze ant/zority aforesaid, That the plaintiffs
and defendants in all writs or plaints of replevin, or writs of second
deliverance and in every of them, shall and may have like pleas and
like aid prayers in all such avowries, cognizances and justiﬁcations
(pleas of disclaimer only excepted) as they might have had before the
making of this act and as though the said avowry, cognizance, or justi-
ﬁcation had been made after the due order of the common law, and
that all such persons as by the common law may lawfully join to the
plaintiffs or defendants in the said writs or plaints of replevin or second
deliverance, as well without process, as by process shall or may from
henceforth join unto the said plaintiffs or defendants, as well without
process as by process, and have like pleas and like advantages in all
things (pleas of disclaimer only excepted) as they might have done by
the order of the common law before the making of this act.
And oe it fart/cer enacted oy t/ze ant/zorizj/ aforesaid, That whensoever
any plaintiff in replevin shall be nonsuit before issue joined in any suit
of replevin, by plaint or writ lawfully returned, removed or depending
in any court of record, the defendant, if the distress was made for rent,
making a suggestion in nature of an avowry or cognizance for such
rent, to ascertain the court of the cause of distress, the court, upon his
or her prayer, instead of awarding a return of the distress, shall ward a
writ to the sheriff of the county where the distress was taken, to inquire
by the oath of twelve good and lawful men of his bailwick touching the
sum in arrear at the time of such distress taken and the value of the
beasts, or goods and chattels distrained, and thereupon ﬁfteen days
notice shall be given to the plaintiff or his or her attorney in court, of
the sitting of such inquiry; and thereupon the sheriff shall inquire of
the truth of the matters contained in such writ, by the oath of twelve
CHAP. 6.] ELEVENTH SESSION. 601
good and lawful men of his county, and upon the return of such inqui-
sition the defendant shall have judgment to recover against ‘the plaintiff
the arrearages of such rent, in case the beasts goods and chattels dis-
trained shall amount unto that value, and in case they shall not amount
to that value, then so much as the value of the said beasts, goods and
chattels so distrained shall amount unto, together with his or her full
costs of suit, and shall have execution thereupon for the same, by capias
ad satisfaciendum, ﬁeri facias, or otherwise, as the law shall require:
and in case such plaintiff shall be nonsuit after avowry or cognizance
made, and issue joined, or if the verdict shall be given against such
plaintiff, then the jurors impannelled or returned to enquire of such
issue, shall, at the prayer of the defendant, inquire concerning the sum
of the arrears and the value of the beasts or goods and chattels dis—
trained, and thereupon the avowant or the person who makes cognizance
shall have judgment for such arrearages or so much thereof as the
beasts, goods and chattels distrained amount unto, together with his or
her full costs and shall have like execution for the same as aforesaid.
And fart/ter that if judgment be given upon demurrer for the avow-
ant, or the person whomakes cognizance, for any rent, the court, instead
of awarding a return of the distress, shall, at the prayer of the defendant,
award a writ to inquire of the value of such distress, and upon the
return thereof, judgment shall be given for the avowant or person who
makes cognizance as aforesaid, for the arrears alledged to be behind in
such avowry or cognizance, if the beasts, or goods and chattels so dis-
trained shall amount to that value, and in case they shall not amount to
that value, then for so much as the said beasts, or goods and chattels so
distrained amount unto ' together with his or her full costs of suit and
and shall have like execution for the same as aforesaid; provided always,
that where the value of the beasts, goods and chattels distrained as
aforesaid, shall not be found to be of the full value of the arrears dis—'
trained for, the party to whom such arrears were due, his or her execu-
tors or administrators, may from time to time distrain again for the res-
idue of the said arrears.
And be it fnrt/zer enacted and deelared by Me aat/zority aforesaid, That Distress
no replevin shall lie in any case of distress for any tax, assessment or ﬁne, fm'mx'etc'
to be collected or levied in pursuance of any law of this State. And if any
person or persons shall hereafter sue out or prosecute a replevin in any
such case, he, she or they shall forfeit the sum of ﬁfty pounds, to be
recovered with costs of suit, in any court of record within this State, by
action of debt, bill, plaint or information; the one moiety to any person
who shall sue for the same and the other moiety to the people of this State.
And be it fnrt/zer enaeted by t/ze aut/zority aforesaid, That the act Actrecited
entitled “An act to prevent the abuse of writs and plaints in replevin,” repealed’
and an act entitled “An act to prevent delays by writs of replevin in
cases of distress for taxes, assessments or ﬁnes, shall be and hereby are
repealed.
CHAP. 6.
AN ACT to prevent forcible entries and detainers.
PASSED the 6th of February, 1788.
Be it enaeted by t/ze People of tbe State of New York represented in Entrytobe
Senate and Assembly and it is bereby enaeted by t/ze aat/zority of tbe same, ,Qgﬁ'tvgﬁg
That no person or persons shall hereafter make any entry into any lands, by law.
VoL. 2.— 76
602
LAWS OF NEW YORK. [CHAR 6.
Forcible
entry, pro-
ceedings in
case of.
Restitu-
tion to
party ag-
grieved.
Justices to
remove
person
making
forcible
entry with
power of
the county
Sheri ff‘s
jury.
tenements or other possessions, but in cases where entry is given by the
law, and in such case not with strong hand nor with multitude of people,
but only in peaceable and easly manner; and if any person from henceforth
do to the contrary and thereof be duly convicted, he shall be punished
by ﬁne and imprisonment. And flﬂ'i/ZL’I', that at all times when such
forcible entry shall be made and complaint thereof cometh to the jus—
tices of the peace of the same county. or to any of them, the same jus-
tices or justice shall take sufﬁcient power of the county and go to the
place where such force is made, and if they ﬁnd any that hold such
place, forcibly, after such entry made, the same justices or justice shall
record such force and set and impose a ﬁne, not exceeding ﬁve pounds,
upon every of the said offenders, to be paid by them for their said
offences to the people of this State, and cause every of them so holding
by force to be taken and put into the next goal of the same county,
there to abide convict by the record of the same justices or justice,
until they shall have respectively paid such ﬁne to the people of this
State. And fzzrf/zer, that all the people of the county, as well the sher-
iffsas others, shall be attendant upon the justices, to go and assist the
same justices to arrest such offenders, upon pain of ﬁne and imprison-
ment.
A/zd z‘o Z/ze end that the party aggrieved, where any person shall make
any such entry by force or shall enter in peaceable manner, and after
hold by force, may have restitution;
Be iz‘fari/zer e/zaez‘ed by ﬁre aai/ioriz‘y aforesaid, That where any person
doth make any forcible entry into any lands, tenements or other posses-
sions, or them hold forcible, after complaint thereof made within the
same county where such entry is made, to the justices of the peace of
the same county, or to any one of them, by the party grieved, the same
justices or justice so warned, within a convenient time, shall go to the
place where such force is made taking the power of the county with
him, or them, if need be, and remove such force, if any there be; and
shall at the costs of the party grieved, cause this act to be duly executed;
and whether the persons making such entries be present or departed
before the coming of the same justices or justice, the same justices or
justice in some good town in the same county next to the tenements so
entered or in some other convenient place, according to their discretion;
shall have and either of them shall have authority and power to inquire,
by the people of the same county, as well of them that make such for-
cible entries into lands or tenements, as of them which the same hold
with force; and if it be found before any of them that any doth con-
trary to this statute, then the said justices or justice shall cause the
lands, and tenements so entered or holden as aforesaid, to be reseised
and shall put the party so put out, in full possession of the same lands
and tenements so entered or holden as aforesaid. And if any person,
after such entry into lands or tenements, holden with force, make a
feoffment or other discontinuance to any person, to have maintenance
or to take away and defraud the possessor of his recovey in any-wise,
if after, in assize or other action thereof to be taken or pursued, in any
court of record, by due inquiry thereof to be taken, the same feoffments
and discontinuances be duly proved to be made for maintenance as
aforesaid, then such feoffments or other discontinuances so as before
made, shall be void, frustrate and holden for none.
And oe ii fart/ter 6’72062‘607 oy t/ze authority aforesaid, That when the
said justices or justice make such inquiries as aforesaid, they or one of
them shall make a warrant or precept, to be directed to the sheriff of
the same county, commanding him in the name of the people of the
CHAP. 6.] ELEVENTH SESSION.
603
State of New York to cause to come, before the same justices or justice,
at a certain time and place therein to be speciﬁed, not less than two days
from the time of issuing thereof twenty four good and lawful men of
the same county duly qualiﬁed to serve as jurors in such county on
trials in the supreme court to inquire of such entries, and shall at the
time of making such warrant or precept, cause a notice in writing of
the issuing thereof, and of the time and place of the return thereof, to
be afﬁxed up in some public and suitable place upon the lands or tene-
ments so entered or holden, or delivered to the party, against whom
such complaint is made, if such party he on the premises. Arzdfz/rZ/zer,
that the sheriff shall return issues upon every one of the jurors, at the
day of the return of the ﬁrst precept err/enty s/ziZ/izzgs and at every day
after the double. And if any person who shall be indicted upon this
act, before such justices or justice, shall immediately
indictment, then the same justices or justice shall make a warrant or
precept to be directed to the sheriff of the same county, commanding
him, in the name of the people of the State of New York, to cause to
to come before such justices or justice, at a certain day, not less than
four nor more than eight days from the time of issuing such precept,
and at a certain place therein to be speciﬁed, twelve good and lawful
men of the same county, who shall be such as are or shall be qualiﬁed
to serve as jurors as aforesaid, to try the same traverse, and the sheriff
shall return issues upon every of them in the manner aforesaid. And
if any sheriff be slack and make not execution duly of such precept to
him directed to make such inquiries, or try such traverse, he shall for-
feit twenty pounds, for every default, to the party grieved, to be recovered
with costs of suit in any court of record in the same county where the
offenee shall be committed by action of debt, bill, plaint, or information.
v a A a .ML
U‘Et‘v CI'Sc DLlbll.
And oe ii‘ fart/ier enacted oy i/ze aat/zoriz‘y aforesaid, That no restitution Restitution
upon any indictment of forcible entry or holding with force, be made
to any person, or persons, if the person or persons so indicted or his
or their ancestors, or those whose estate they have in such lands and
to party
aggrieved,
when made
tenements, hath or have had the occupation or hath or have been in'
quiet possession, by the space of three whole years together, next be-
fore the day of such indictment so found, and his, her or their estate
or estates therein not ended or determined; which the party indicted
shall and may alledge for stay of restitution, and restitution to stay
until that be tried, if the party complaining will deny or traverse the
same, and then the justices or justice before whom such indictment
shall be found, shall proceed to try the same in the manner herein
before directed.
A 12d oe il‘farZ/zer eizaez‘ed oy Z/ze aaf/zoriz‘y aforesaid, That if the allega-
tion or traverse taken or made by the person or persons indicted, be
tried against the person or persons so indicted, either before the same
justices or justice, or before the justices of the supreme court, or either
of them, in case the proceedings be removed into the supreme court,
before such trial, then and in every such case, restitution shall be
awarded by the justices or justice before whom the same shall be tried
or, by the supreme court, in the same manner, as if no plea or traverse
had been made or put in by such persons so indicted, and the person
or persons so convicted shall pay such costs and damages to the party
complaining, as shall be assessed by the justices or justice before whom
the same is tried, or by the supreme court, if the proceedings shall be
removed into the supreme court before such trial as aforesaid ; the same
costs and damages to be recovered and levied in the same manner, as
costs and damages upon judgments in other actions are recovered.
604
LAWS OF NEW YORK. [CHAP. 7.
Act, to
whom to
extend.
Damages
to party
put out of
possession.
What ofﬁ-
cers may
execute
powers of
justices of
the peace.
Grantees
of rever-
sions,
rights
against
lessees.
And to it fnrtker enacted oy t/ze azct/zorizy aforesazdf That this act
shall extend as well to tenants for vears and guardians, as to such as
have estates of freehold.
And oe it fart/zer enacted by the aat/zority aforesaid, That if any person
be disseised or ejected, or ut out of any lands or tenements, in forcible
manner or put out peaceafily and after holden out with strong hand, or
after such entry any feoffinent or discontinuance in any wise thereof be
made to defraud and take away the right of the possessor, the party
grieved in this behalf shall have assise of novel disseisin, or a writ of
trespass against such offenders ; and if the party aggrieved recover by
assise or by action of trespass, and it be found by verdict, or in any
other manner by due course of law, that the party defendant entered
with force into the lands and tenements or them, after his entry, did
hold with force, the plaintiff shall recover his treble damages, with costs
of suitagainst the defendant.
And to it fart/ter enacted oy t/ze aat/zority aforesaid, That all mayors,
recorders, justices of the peace and aldermen and sheriffs of cities, shall
have, in the same cities, the like power to remove such entries and in
the other articles aforesaid, arising within the same, as the justices of
the peace and sheriffs have by this act in the several counties of this
State.
CHAP. 7.
AN ACT to enable grantees of reversions to take advantage of
the conditions to be performed by lessees.
PASSED the 6th of February, 1788.
Be it enacted ky the People of t/ze State of New York, represented in
Senate and Asseinkty and it is kereoy enacted by t/ze ant/zority of t/ze same,
That as well all and every person and persons and bodies politick and
corporate, their heirs, successors and assigns, which have or shall have
any gift, or grant, of the people of the State of New York, by any ways
or means howsoever, of any manors, lands, tenements, rents or other
hereditaments, or of any reversion, or reversions of the same, which
did belong or appertain to any other person, or persons and have or
shall by any ways or means come to the people of the State of New
York, as also all other persons, being grantees or assignees to or by the
people of the State of New York, or to or by any other person or per-
sons and the heirs, executors, successors and assigns of every of them,
shall and, may have and enjoy like advantages against the lessees, their
executors administrators, and assigns, by entry for the non payment of
the rent or for doing of waste or other forfeiture; and also shall and
may have and enjoy all and every such like and the same advantage,
beneﬁt and remedies by action only, for not performing other condi-
tions, covenants, or agrements, contained and expresed in their leases,
demises, or grants against all and every the said lessees, and termers,
and grantees, their executors, administrators and assigns, as the lessors
or grantors themselves or their heirs or successors ought, should or
might have had and enjoyed at any time or times in like manner and
form as if the reversion of such lands, tenements or hereditaments had
remained and continued in the same lessors or grantors or in their heirs
or successors.
CHAP. 8.] ELEVENTH SESSION. 605
And be it fart/ter enacted by tbe aat/zority aforesaid, That all termers, Lessee’s
lessees and grantees, of manors, lands, tenements, rents or any other 2151,18?
hereditaments, for‘ term of years, or life or lives, their executors, admin- agvajglﬁlzt
istrators, and assigns, shall and may have like action, advantage and gdversion.
remedy against all and every person and persons and bodies politick
and corporate, their heirs, successors, and assigns, which have or shall
have any gift or grant of the people of the State of New York, or of
any other person or persons, of the reversion of the same manors, lands,
tenement, rents or hereditaments, so letten or any parcel thereof, for
any condition, covenant or agreement contained. or expressed, in their
lease or leases, as the same lessees or any of them might and should
have had against their lessors, and grantors, their heirs or successors;
all beneﬁts and advantages of recoveries in value by reason of any
. . 16' +1 7. n I AxrnrxnQ-AA
warrantee in deed or in by voucher or otncrvvisc only cxccptco.
CHAP. 8.
AN ACT to compel joint tenants and tenants in common to
make partition and for the more easy obtaining partition of
lands in coparcenary, joint tenancy and tenancy in common.
PASSED the 6th of February, 1788.
Be it enacted by t/ze People of tbe State of New York, represented in Writ of
Senate and Assembly and it is lzereby enacted by t/ze antlzority of tbe sanze, gag-‘3191;?
That all joint tenants and tenants in common, that now be or hereafter tenancy
shall be, of any estate or estates of inheritance, in their own rights or 233;?-
in the right of their wives, of any manors, lands, tenements or heredit- Commom
aments within this State, shall and may be compelled by virtue of this
act to make partition between them, of all such manors, lands, tene-
ments and hereditaments, as they now hold or hereafter shall hold, as
joint tenants or tenants in common, by writ of partition in that case to
be devised in the court of chancery, in like manner and form as copar-
ceners by the common law have been and are compelled to do, and the
same writ to be pursued at the common law; but that every of the said
joint tenants or tenants in common and their heirs, after such partition
made, shall and may have aid of the other or of his, her or their heirs,
to the intent to dereign the warranty paramount and to recover for the
rate, as is used between coparceners after partition made by the order
of the common law.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That all joint Id.
tenants and tenants in common and every of them, who now hold or .
hereafter shall hold, jointly or in common, for term of life or lives, year
or years and joint tenants or tenants in common, where one or some of
them have or shall have estate or estates for term of life or lives, or
year or years, with the other or others, that have or shall have estate or
estates of inheritance or freehold, in any manors, lands, tenements or
hereditaments, shall and may be compellable from henceforth by writ
of partition out of the court of chancery, upon his, her or their case or
cases and to be pursued at the common law, to make severance and
partition of all such manors, lands, tenements and hereditaments, which
they hold jointly or in common, for term of life or lives, year or years,
or where one or some of them held jointly or in common, for term of
life or lives, year or years with another or others that have an estate or
606
LAWS OF NEW YORK. [CHAR 8.
Proceed-
ings after
process .
Proviso in
case of
default.
estates of inheritance or freehold ; but that no such partition or sever-
ance hereafter to be made by force of this clause of this act, be, nor
shall be prejudicial or hurtful to any person or persons, their heirs or
successors, other than such as be parties unto the said partition their
executors or assigns.
And be if far/ber enacted by i/ze aat/zoriz‘y aforesaid, That after pro-
cess of pone or attachment returned upon any writ of partition. between
coparceners at the common law or custom, or between joint tenants or
tenants in common by virtue of this act, afﬁdavit being made by any
credible person, of due notice given of the said writ of partition to the
tenant or tenants to the action and a copy thereof left with the occupier
or tenant or tenants, or if they cannot be found, to the wife, son or
daughter, (being of the age of one and twenty years or upwards) of the
tenant or tenants, or to the tenant in actual possession, by virtue of any
estate of freehold, or for term of years, or uncertain interest, or at will,
of the manors, lands, tenements or hereditaments, whereof the partition
is demanded, (unless the said tenant in actual possession be demandant
in the action) at least forty days before the day of the return of the said
pone or attachment, if the tenant or tenants to such writ or any of
them, or the true tenant to the messuages, lands, tenements and hered-
itaments aforesaid shall not in such case within ﬁfteen days after
return of such writ of pone or attachment, cause an appearance to be
entered in such court Where such writ of pone or attachment shall be
returnable, then, in default of such appearance, the demandant having
entered his declaration, the court may proceed to examine the demand-
ant’s title and quantity of his part and purpart and accordingly as they
shall ﬁnd his right part and purpart to be, they shall for so much give
judgment by default and award a writ to make partition, whereby such
proportion, part and purpart may be set out severally; which writ being
executed, after eight days notice given to the occupier or tenant or ten-
ants of the premises and returned, and thereupon ﬁnal judgment entered,
the same shall be good and conclude all persons whatsoever, after notice
as aforesaid, whatever right or title they have or may at any time claim
to have, in any of the manors, messuages, lands, tenements and hered-
itaments mentioned in the said judgment and writ of partition, although
all persons concerned are not named in any of the proceedings nor the
title of the tenants truly set forth.
Provided always, that if such tenant or person concerned or either of
them, against whom, or their right or title, such judgment by default is
given, shall, within the space of one year after the ﬁrst judgment entered
or in case of infancy, coverture insane memory, or absence out of the
State, within one year after his, her or their return, or the determination
of such inability, apply themselves to the court where such judgment is
entered, by motion, and shew good and probable matter in bar of such
partition, or that the demandant hath not title to so much as he hath
recovered, then in such case the court may suspend or set‘ aside such
judgment and admit the tenant and tenants to appear'and plead and the
cause shall proceed according to due course of law, as if no such judg-
ment had been given; and if the court, upon hearing thereof, shall
adjudge for the ﬁrst demandant, then the said ﬁrst judgment shall stand
conﬁrmed and be good against all persons whatsoever, except such other
persons as shall be absent or disabled as aforesaid, and the person or
persons so applying, shall be awarded thereupon to pay costs; or if
within such time or times aforesaid, the tenants or persons concerned,
admitting the demandants title, parts and purparts, shall shew to the
court an inequality in the partition, the court may award a new partition
CHAP. 8.] ELEVENTH SESSION.
607
to be made, in the presence of all parties concerned, if they will appear,
notwithstanding the return and ﬁling upon record of the former; which
said second partition, returned and ﬁled, shall be good and ﬁrm forever
against all persons whatsoever, except as before excepted.
And be ii‘ fart/ler erzaez‘ed by the aaZ/zoriz‘y aforesaid, That no plea in
abatement shall be admitted or received in any suit for partition; nor
shall the same be abated by reason of the death of any tenant.
And be it fart/ler eizaez‘ed by Me aui/zoriz‘y aforesaid, That when the
sheriff, by reason of distance, inﬁrmity or any other hindrance, cannot
conveniently be present at the execution of any judgment in partition,
in such case the undersheriff, in the presence of two justices of the peace
of the county where the lands, tenements or hereditaments to be divided
do lie, shall and may proceed to the execution of any writ of partition,
by inquisition in due form of law, as if the sheriff were then personally
present, and the sheriff thereupon shall and is hereby enabled and
required to make the same return, as if he were personally present at
such execution; and in case such partition be made, returned and ﬁled,
he or they that were tenant or tenants of any of the said messuages,
lands, tenements and hereditaments or of any part or purpart thereof,
before they were divided, shall be tenant or tenants for such part set
out severally, to the respective landlords or owners thereof, by and under
the same conditions, rents, covenants and reservations, where they are
or shall be so divided; and the landlords and owners of the several parts
and purparts so divided and allotted as aforesaid, shall warrant and
make good to the respective tenants the said several parts severally,
after such partition, as they are or were bound to do, by any agreement,
leases or grants of their respective parts, before any partition made; and
in case any demandant be tenant in actual possession to the tenant to
the action, for his part and proportion or any part thereof, in the mes-
suages, lands, tenements and hereditaments to be divided by virtue of a
writ of partition as aforesaid, for any term of life, lives or years or uncer-
tain interest the said tenant so in actual possession shall stand and be
possessed of the said purparts and proportions, for the like term and
under the same conditions and covenants, when it is set out severally in
pursuance of this act.
A 12d be iz‘farZ/zer eizaez‘ed by the aai/zoriz‘y aforesaid, T hat the respective
sheriffs, their under sheriffs and deputies, and in case of sickness or dis-
ability of the sheriff, all justices of the peace within their respective
counties, shall give due attendance to the executing such writ of parti-
tion, unless reasonable cause be shewn to the court, upon oath, and
there allowed of, or otherwise be liable, every of them, to pay unto the
demandant such costs and damages, as shall be awarded by the court
not exceeding ﬁve pounds, for which the demandant or plaintiff may
bring his action in any court having cognizance thereof and recover the
same, with costs; and in case the demandant shall not agree to pay to
the sheriff, or under sheriff, justices and jurors, such fees as they shall
respectively demand for their pains and attendance in the execution of
the same, and the returning thereof, then the court shall award what
each person shall receive, having respect to the distance of the place
from their respective habitations, and the time they msut necessarily
spend about the same; for which they may severally bring their actions
as aforesaid.
Pleas of
abatement
not, al-
lowed.
Under
sheriﬁ’ and
justices
may act
where
sheriff un-
able to
attend.
Id.
608
LAWS OF NEW YORK. [CHAP. 9_
Actions by
informers
upon penal
statutes.
Actions to
be laid in
counties
where of-
fense com~
mitted.
CHAP. 9.
AN ACT to redress disorders by common informers and to pre-
vent malicious informations.
PASSED the 6th of Febraary, I788-
Be it enacted liy t/ze People of tile State of New York represented in
Senate and Asseinkly and it is kereoy enacted lry t/ze aatkority of t/ze sanze,
That every informer upon any penal statute made or to be made, shall
exhibit or commence his suit in proper person and pursue the same only
by himself or by his attorney in court, and that no person shall be
admitted or received to pursue against any person or persons upon any
penal statute, but by action of debt, ‘bill, plaint or information, and not
otherwise, nor shall have nor use any deputy or deputies at all and that
upon every such information which shall be exhibited a special note
shall be made of the very day, month, and year of the exhibiting thereof,
into any ofﬁce or to any ofﬁcer, who lawfully may receive the same,
without any manner of anti-date thereof to be made, and that the same
information shall be accounted and taken to be of record from that time
forward and not before. And that no process be sued out upon such
information until the information be exhibited in form aforesaid. And
fart/ter, that upon every process to be sued out upon any such action, bill,
plaint or information, to compel the appearance of any defendant, shall
be indorsed, as well the name of the party who pursueth the same pro-
cess, as also the title of the statute upon which the action or informa-
tion in that behalf had or made, is grounded; and that every clerk mak-
ing out or issuing process contrary to the tenor and provision of this act,
shall forfeit and lose three pounds for every such offence; the one half
to the use of the people of this State of New York and the other half to
the party against whom any such defective process shall be awarded, to
be recovered with costs in any court having cognizance thereof, by action
of debt, bill, plaint or information.
And lie it fart/ter enacted o)» t/ze aat/zority aforesaid, That in all informa-
tions to be exhibited and in all bills, plaints and declarations in any action
or suit to be commenced against any person or persons, either by or on
behalf of the people of the State of New York, or by any other or on
the behalf of the people of the State of New York and any other, for or
concerning any offence committed or to be committed against any penal
statute, made or to be made, the offence shall be laid and alledged to
have been committed in the county where such offence was in truth
committed and not elsewhere; and if the defendant to any such infor-
mation, action or suit, pleadeth that he oweth nothing or that he is not
guilty, and the plaintiff or informer in such information, action or suit
upon evidence to the jury, that shall try such issue, shall not both prove
the offence laid in the said information, action or suit and that the same
offence was committed in that county, then the defendant and defend-
ants shall be found not guilty. Provided always that this act or any
thing herein contained shall not extend to the laying or alledging of any
offence in any declaration, bill, plaint or information for or concerning
any maintenance, champerty, buying of titles, imbracery or extortion,
or for or concerning any matter of corrupt usury, or for or concerning any
custom, duty or impost upon any goods, wares or merchandize imported
or to be imported into this State; but that every such offence shall or
may be laid in any county at the pleasure of any such informers.
CHAP. 9.] ELEVENTH SESSION. 609
And be it fart/zer enacted by the ant/zority aforesaid, That if any inf or- Plea by
mation, suit or action shall be brought or exhibited against any person defendant
or persons for any offence committed or to be committed against the
form of any penal law made or to be made, either by or on behalf of
the people of the State of New York or by any other, or on the behalf
of the people of the State of New York and any other, it shall be law-
ful for such defendants to plead the general issue, that they are not
guilty or that they owe nothing and to give such special matter in evi-
dence to the jury that shall try the same, as if pleaded would have
been a good and sufﬁcient matter in law to have discharged such defend-
ant or defendants against the said information, suit or action, and the
said matter shall be as available to him or them to all intents and pur-
poses, as if he or they had sufﬁciently pleaded, set forth or alledged the
same matter in bar or discharge of such information, suit or action.
And be it fnrt/ier enacted by Me antlzority aforesaid, That the like pro- Process,
cess in any action, bill, plaint, information or suit, to be commenced ifr‘gge
sued or prosecuted upon any penal statute made or to be made, shall pass-
be had and awarded to all intents and purposes, as in an action of tres-
pass with force and arms at the common law.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That if any citizen Defendant.
of this State or of any of the United States of America, shall be sued 1;‘,;g;.'g°;,‘,,
or informed against in the supreme court or in the court of exchequer, allowed.
upon any penal law made or to be made, where such person is bailable 1,123.12‘;
by law or where by the leave or favour of the court such person may “dome?-
appear by attorney, then in all and every such case the person so
impleaded or sued shall and may at the day and time contained in the
ﬁrst process, served for his or her appearance, appear by attorney of
the same court where the process is returnable to answer and defend
the same and shall not be urged to a personal appearance or to put in
bail for the answering of such suit.
And be it fart/ter enacted by t/ze ant/iority aforesaid, That no jury shall Jury in
be compelled toappear in the supreme court or court of exchequer for
the trial of any issue, in any action, information or suit, upon any penal Utes-
statute for any offence committed above thirty miles from the place where
the same court shall sit, except in case where the attorney general for
the time being, for some reasonable cause in that behalf to be shewed,
shall require the same to be tried at the bar in either of the said courts;
which request shall be noted on the back of the writ of distringas there-
upon awarded, to the end the sheriff or his bailiff may and shall signify
the same to the jury that are in such case impaneled.
And be it f art/cor enacted by t/ze ant/eerily aforesaid, That if any person Where
or persons shall sue with good faith any action popular and the defend— ant or defendants in the same action plead any manner of recovery in Pleadod in
any action popular in bar of the said action or else that the same defend- bdr'
ant or defendants plead that he or they before that time barred any
plaintiff or plaintiffs in any such action popular, that then the plaintiff
or plaintiffs in the action taken with good faith may aver that the said
recovery in the said action popular was held by covin, or else aver that
the said plaintiff or plaintiffs so barred was or were barred in the said
action popular by covin and then if after such averment the said collu-
sion or covin so averred be lawfully found the plaintiff or plaintiffs in
the action sued with good faith shall recover according to the nature of
the action and have execution upon the same in like manner as if no
such action or recovery had been before had. Andfnrt/zer that in every
such action popular, wherein the defendant or defendants shall be law-
fully condemned or attainted of covin or collusion as aforesaid, every
\‘0L. 2. —-77
610
LAWS OF NEW YORK. [CHAR 9.
Actions
for penalty
nub L0
be com-
pounded.
such defendant shall have imprisonment of two years by process of
capias to be sued within the year after such judgment had or at any
time after till the said defendant or defendants shall be had and
imprisoned as aforesaid; and that as well at the suit of the people of
the State of New York, as of every other that will sue in that behalf
and such process shall and may be pursued to outlawry. And more-
over no release of any common person made or to he made to any
such defendant or defendants, whether before or after any action
popular or indictment of the same had or commenced, or made or pend—
ing the same action, shall be in any wise available or effectual to let.
surcease or bar the said action, indictment, process or execution. Pro-
vided always that no plaintiff or plaintiffs be in any wise received to aver
any in covin an action popular, where the point of the same action or
else the covin or collusion have been once tried or lawfully found with
the plaintiff or plaintiffs, or against them by the verdict of twelve men
and not otherwise.
And be it fnrt/zer enacted by tile aut/zority aforesaid, That no informer
or plaintiff in any action popular shall or may compound or agree with
any person or persons who shall offend or shall be surmised to have
offended, against any penal statute made or to be made for such offence
committed or pretended to have been committed, but after answer made
in court to the information or suit in that behalf exhibited or prose-
cuted, nor after answer but by the order or consent of the court in which
the same information or suit is or shall be depending. Andfart/zer,
that if any such informer or plaintiff as aforesaid shall willingly delay
his suit or shall discontinue or become non suit in the same, or shall
have the trial or matter passed against him therein, by verdict or judg-
ment of law, that then and in every such case the same imformer or
plaintiff shall yield, satisfy and pay unto the party defendant, his costs,
charges and damages to be assigned by the court in which the same suit
is or shall be attempted ; for the recovery whereof every such defend-
ant shall immediately upon the same costs, charges and damages assigned,
have his execution for the same to be awarded unto him out of the same
court in which the same shall be so assigned as aforesaid, as in other
cases of execution.
A 12d be it fart/ter enacted by t/ze aat/zority aforesaid, That if any person
or person, (except the clerks of the court only for making out of process
otherwise than is above appointed) shall offend in suing out of process,
making of composition or other misdemeanor, contrary to the true
intent and meaning of this act, or shall by colour or pretence of pro-
cess, or without process upon colour or pretence of any matter of offence
against any penal law, make any composition or take any money, reward
or promise of reward for himself or to the use of any other, without the
order or consent of some court of record, that then he or they so offend-
ing, being thereof lawfully convicted shall forever be disabled to_ pursue
or be plaintiff or informer in any suit or information upon any statute
popular or penal; and shall also for every such offence, forfeit and loose
the sum of forty pounds; the one half thereof to the people of the State
of New York and the other half to the party grieved thereby, to be
recovered with costs in any court of record, by action of debt, bill,
plaint or information. And that justices of oyer and terminer, justices
of goal delivery and justices of the peace in their sessions, shall have
full power and authority to hear and determine all offences to be com-
mitted or done contrary to the true intent and meaning of this act.
Provided aizc/ays,
CHAP. 10.] ELEVENTH SESSION.
611
And be it fart/zer enacted by the auz‘borizfy aforesaid, That this act
t
Act not
0 aﬂ’ect
shall not extend to restrain any certain person, body politic or corpo- Where pen.
rate to whom or to whose use, any forfeiture, penalty or suit is or shal
1 alty not
granted to
be specially limited or granted, by virtue of any statute and not gener- State.
ally to any person who will sue; but that every such certain person,
body politic or corporate may in such case sue, inform and pursue, as
he or they might have done if this act had never been made. And to
prevent malicious informations in the supreme court of judicature of
this State for trespasses, batteries and other misdemeanors.
Be iifari/zer ezzaeied by Z/ze aai/zoriz‘y aforesaid, That the clerk of the
supreme court, for the time being, shall not, without express order to be
lap
battery or other misdemeanor, or seal any process thereupon, before .W
shall have delivered to him a recognizance from the person or persons
procuring such information or informations to be exhibited, to be entered
into, to the person or persons against whom such information or informa-
tions is or are to be exhibited, with sufﬁcient security in the penalty of
twenty pounds that he she or they will effectually prosecute such informa-
tion or informations, and abide by and observe such orders as the said
court shall direct (which recognizance any one of the judges of the said
supreme court is impowered to take); And after the taking and receipt
whereof the clerk of the said court shall make an entry thereof upon
record and shall ﬁle a memorandum in some public place in his ofﬁce,
that all persons mayresort thereunto without fee. And in case any
person or persons, against whom any information or informations for
the causes aforesaid, or any of them, shall be exhibited, shall appear
thereunto and plead to issue, and the prosecutor or prosecutors of such
information or informations shall not, at his and their own proper costs
and charges, at or before the second court (in which the same might be
tried) next after issue joined therein, procure the same to be tried; -or
if upon such trial a verdict pass for the defendant or defendants or in
case the said informer or informers procure a nolle prosequi to be entered,
then in any of the said cases, the said supreme court is hereby author-
ized to award to the said defendant or defendants, his or their costs,
unless the judge before whom such information or informations shall be
tried, shall at the trial of such information or informations in open court
certify upon record that there was a reasonable cause for exhibiting the
same. And in case the said informer or informers shall not, within ten
days next after the said costs shall be taxed and demand made thereof,
pay to the said defendant or defendants the said costs, then the said
defendant or defendants shall have the beneﬁt of the said recognizance
to compel them thereunto.

CHAP. 10.
AN ACT tor the more effectual discovery of the death of persons‘
beyond sea or absenting themselves upon whose lives estates
do depend.
PASSED the 6th of February, 1788.
Clerk not
to ﬁle in—
formation
given by the said court, receive or ﬁle any information for any trespass, {In trespass
ntil
.
an nuke-v
rvUui ivy
given.
WHEREAs divers persons have estates for one or more life or lives, or Preamble:
for one or more year or years, determinable upon one or more life or
lives ; and it hath often happened that such person or persons for whose
life or lives such estates are held, have gone beyond sea, or so absented
themselves for many years, that the lessors, reversioners or persons in
612
LAWS OF NEW YORK. [CHAP.,ro.
Person
absent sev-
en years
deemed
evidence
of death.
Where
absent
persons
reappear.
Life estate
of minors
and mar-
remainder, cannot ﬁnd out whether such person or persons be alive or
dead; therefore ‘
Be it enacted by t/ze People of t/ze State of New Yore, represented in
Senate and Assembly, and it is lzereby enacted by Me ant/zority of the same,
That if such person or persons, for whose life or lives such estates
have been or shall be granted or held as aforesaid, shall remain beyond
sea, or absent himself, herself or themselves, in this State or elswhere,
by the space of seven years together, and no sufﬁcient and evident proof
be made of the life or lives of such person or persons respectively, in
any action commenced or to be commenced for the recovery of such
tenements, by the lessors or reversioners or other person or persons
entitled to the same estate, upon the death of such person or persons, in
every such case the person or persons, upon whose life or lives such
estate depended shall be accounted as naturally dead; and in every
action brought for the recovery of the said tenements by the lessors or
reversioners, or other person or persons entitled to the same, upon the
death of such person or persons, and their heirs or assigns, the judges,
before whom such action shall be brought, shall direct the jury to give
their verdict as if the person or persons so remaining beyond sea or
otherwise. absenting himself, herself or themselves were dead. Provided
always, and
Be it fart/cer enacted by t/z-e ant/torily aforesaid, That if any person or
persons shall be evicted out of any lands or tenements by virtue of this
act, and afterwards if the person or persons upon whose life or lives such
estate or estates depend, shall return again from beyond sea, or shall on
proof in any action to be brought for the recovery of the same, be made
appear to be living or to have been living at the time of the eviction,
that then and from thenceforth the tenant or lessee who was ousted of
the same, his, her or their executors, administrators or assigns, shall or
may re-enter, repossess. have, hold and enjoy the said lands or tene-
ments in his, her, or their former estate for and during the life or lives,
or so long a term as the said person or persons, upon whose life or lives
the said estate or estates depend, shall be living; and also shall upon
an action or actions to be brought by him her or them, against the
lessors reversioners or tenants in possession, or other persons respect-
ively, which since the time of such eviction received the proﬁts of the
said lands or tenements, recover for damages, the full proﬁts of the said
lands or tenements respectively, for and from the time that he, she or
they were ousted of the said lands or tenements, and kept and held out
of the same by the said lessors, reversioners, tenants or other persons,
who after the said eviction received the proﬁts of the said lands or tene-
ments, or any of them respectively, as well in the case when the said
person or persons, upon whose life or lives such estate or estates did
depend, are or shall be dead, at the time of bringing of the said action
or actions, as if the said person or persons were then living.
Andw/zereas divers persons, as guardians and trustees for infants, and
husbands in right of their wives, and other persons having estates or
interests determinable upon a life or lives, have continued to receive
the rents and proﬁts of such lands or tenements, after the determination
of their said particular estates or interests; and w/zereas the proof of the
death of the persons on whose lives such particular estates or interests
depended, is very difﬁcult, and several persons have been and may be
thereby defrauded: for remedy whereof and for preventing such fraudu-
lent practices in future,
Be it fart/ter enacted by t/ze ant/zority aforesaid, That any person or
persons who hath or have or shall have any claim or demand in or to
L1!
CHAR 10.] ELEVENTH SESSION 613
any remainder, reversion or expectancy, in or to any estate, after the ried wo-
death of any person within age, married woman, or any other person or aiﬂinzl's‘l'o
persons whatsoever, upon afﬁdavit made 1n the court of chancery in this prevail;
State, by the person or persons so claiming such estates, of his, her or JSQLMZOI.
their title, and that he, she or they hath or have cause to believe that guardian‘
such infant, married woman or other person or persons, is or are dead,
and that his, her or their death is concealed by such guardian, trustee,
husband or any other person or persons, shall and may, once a year, if
the person or persons aggrieved shall think ﬁt, move the chancellor,
for the time being, to order, and he is hereby authorized and required
to order such guardian, trustee, husband or other person or persons
concealing or suspected to conceal such person or persons, on whose
life or lives such estate doth shall or may depend, at such time and place
as the said court shall direct, on personal or other uue s rvice of such
order, to produce and shew to such person or persons (not exceeding two)
as shall in such order be named by the party or parties prosecuting such
order, such infant, married woman or other person or persons afore-
said; and if such guardian, trustee, husband or such other person or per-
sons as aforesaid shall refuse or neglect to produce or shew such infant,
married woman or such other person or persons on whose life or lives
any such estate doth or shall depend, according to the directions of the
said order; that then the said court of chancery is hereby authorised
and required to order such guardian, trustee, husband or other person
or persons to produce such infant, married woman or other person or
persons so concealed in the said court of chancery or othewise, before
commissioners to be appointed by the said court, at such time and
place as the court shall direct; two of which commissioners shall be
nominated by the party or parties prosecuting such order, at his, her or
their costs and charges; and in case such guardian, trustee, husband or
other person or persons shall refuse or neglect to produce such infant,
married woman, or other person or persons so concealed, in the court of
chancery, or before such commissioners, whereof return shall be made
by such commissioners, and that return ﬁled in the ofﬁce of the register
of the said court of chancery; then in any or either of the said cases,
the said infant, married woman or such other person or persons so con-
cealed, shall be taken to be dead; and it shall and may be lawful for
any person or persons claiming any right, title or interest in reversion
or remainder or otherwise, after the death of such infant, married woman,
or such other person or persons so concealed as aforesaid, to enter upon
such lands, tenements and hereditaments, as if such infant, married
woman or other person or persons so concealed, were actually dead.
Ana’ [w 2'! flU'Z/Ml’ marred &y 2716 auZ/zorz'ly aforesaid, That if it shall Order .
appear to the said court, by afﬁdavit, that such infant, married woman, $22,331,‘?
or other person or persons, for whose life or lives such estate is holden, nobddiscov-
is or are, or lately was or were, at some certain place or places beyond ere '
sea, or elsewhere out of this State, in the said afﬁdavit to be mentioned,
it shall and may be lawful for the party or parties prosecuting such
order, as aforesaid, at his, her or their costs and charges, to send one or
both the said persons appointed by the said order, to view such infant,
married woman or other person or persons, for whose life or lives any
such estate is or shall be holden; and in case such guardian, trustee,
husband or other person or persons, concealing or suspected to conceal
such person or persons, as aforesaid, on whose life of lives any such
estate doth or shall depend, shall refuse or neglect to produce or pro-
cure to be produced to such person or persons, appointed by the said
order, a personal view of such infant, married woman or other person
LAWS OF NEW YORK. [CHAR 10.
Order
where life
tenant re-
appears.
Where
guardian
or husband
cannot
produce
life tenant.
Person
h olding
posses-
sion after
estate de-
termined
deemed
trespasser.
or persons, for whose life any such estate is or shall be holden, that then
and in such case the person or persons appointed by such order are
hereby required to make a true return of such refusal or neglect, to the
said court, which return shall be ﬁled in the ofﬁce of the register of the
said court and thereupon any such infant, married woman or other
person or persons, for whose life or lives any such estate is or shall be
holden, shall be taken to be dead; and it shall and may be lawful for
any person or persons claiming any right, title or interest. in reversion,
remainder, or otherwise, after the death of such infant, married woman,
or other person or persons for whose life or lives any such estate is or
shall be holden, to enter upon such lands, tenements and hereditaments,
as if such infant, married woman, or other person or persons, for whose
life or lives any such estate is or shall be holden, were actually dead.
Provided always,
And be it fart/ter enacted by t/ze aut/zority aforesaid, That if it shall
afterwards appear upon proof in any action to be brought, that such
infant, married woman, or other person or persons, for whose life or
lives any such estate is or shall be holden, were alive at the time of such
order made, that then it shall be lawful for such infant, married woman,
guardian, trustee or other person or persons, having any estate or inter-
est, determinable upon such life or lives, to re-enter upon the said lands,
tenements or hereditaments, and for such infant, married woman or
other person or persons, having any estate or interest determinable upon
such life or lives, his, her or their executors, administrators or assigns,
to maintain any action or actions against those who, since the said order,
received the proﬁts of such lands, tenements or hereditaments, or their
executors or administrators, and therein to recover full damages for the
proﬁts of the same received, from the time that such infant, married
woman, or other person or persons having any estate or interest deter-
minable upon such life or lives were ousted of the possession of such
lands, tenements or hereditaments. Provided also,
And be it fart/ter enacted by t/ze azit/zorizy aforesaid, That if any such
guardian, trustee, husband or other person or persons, holding or hav-
any estate or intetest determinable upon the life or lives of any other
person or persons, shall, by afﬁdavit, or otherwise, to the satisfaction of
the said court, make appear, that he, she or they hath or have used his,
her or their utmost endeavours to procure such infant, married woman,
or other person or persons, on whose life or lives such estate or interest
doth or shall depend, to appear in the said court of chancery or else-
where, according to the order of the said court in that behalf made,
and that he, she or they cannot procure or compel such infant, married
woman or other person or persons so to appear, and that such infant,
married woman or other person or persons, on whose life or lives such
estate or interest doth or shall depend, is, are or were living at the time
of such return made and ﬁled as aforesaid, that it shall be lawful for
such person or persons to continue in the possession of such estate and
receive the rents and proﬁts thereof, for and during the infancy of such
infant, and the life or lives of such married woman, or other person or
persons on whose life or lives such estate or interest doth or shall
depend as fully as he she or they might haveedone, if this act had not
been made.
And be it fart/ter enacted by t/ze aatborizy aforesaid, That every per-
son who as a guardian or trustee for an infant, and every husband
seised in right of his wife only, and every other person, having an
estate determinable upon any life or lives, who after the determina-
tion of such particular estates or interests, Without the express con-
CHAP. 11.] ELEVENTH SESSION.
sent of him, her or them, who are or shall be next and immediately
entitled upon and after the determination of such particular estates or
interests, shall hold over and continue in possession of any messuage,
lands, tenements or hereditaments, shall be and are hereby adjudged to
be trespassers; and that all and every person and persons, his, her and
their executors and administrators, who are or shall be entitled to such
messuages, IElIlClS, tenements or hereditaments, upon or after the deter-
mination of such particular estates or interests, shall and may recover
in damages against every‘ such person or persons so holding over as
aforesaid, and against his her or their executors or administrators, the
full value of the proﬁts received during such wrongful possession as
aforesaid.
CHAP. l l .
AN ACT for rendering the proceedings upon writs of mandamus
and informations in the nature of quo warranto more speedy
and effectual.
PASSED the 6th of February, 1788.
Be it enaeted by t/ze People of tile State of New York represented in
Senate and Assembly and it is Izereby enaeted by t/ze ant/zority of the same,
That if any mandamus shall issue out of the supreme court directed and
delivered to any person or persons, who by the laws of this State are
required to make a return to such writ of mandamus, such person or
persons shall make his or their return to the ﬁrst writ of mandamus.
And be it fZN’Z/lél’ enaeted by the antborizj/ aforesaid, That from and
after the passing of this act, as often as any writ of mandamus shall issue
out of the said supreme court and a return shall be made thereunto, it
shall and may be lawful to and for the person or persons suing or pros-
ecuting such writ of mandamus, to plead to or traverse all or any the
material facts contained within the said return, to which the person or
persons making such return, shall reply, take issue, or demur; and such
further proceedings and in such manner shall be had therein for the
determination thereof, as might have been had, if the person or persons
suing such writ had brought his or their action on the case for a false
return; and if any issue shall be joined on such proceedings, the person
or persons suing such writ shall and may try the same in such place as
an issue joined in such action on the case should or might have been
tried; and in case a verdict shall be found for the person or persons
suing such writ, or judgment given for him or them upon a demurrer,
or by nil dicit, or for want of a replication or other pleading, he or they
shall recover his or their damages and costs, in such manner as he or they
might have done in such action on the case as aforesaid; and such
damages and costs shall and may be levied by ﬁeri facias or capias ad
satisfaciendum, as in other cases, and a premptory mandamus shall be
;ranted without delay for him or them for whom judgment shall be
given as might have been, if such return had been adjudged insufﬁcient;
and in case judgment shall be given for the person or persons making
such return to such writ. he or they shall recover his or their costs of
suit, to be levied in manner aforesaid. Provided always,
And be it fart/ler enaeted by t/ze ant/zority aforesaid, That if any dama-
ges shall be recovered by virtue of this act against any such person or
persons making such return to such writ as aforesaid, he or they shall
Return to
mandamus
Where
damatres
revnvered,
other
616
LAWS OF NEW YORK. [CHAR 11
actions
barred .
Usurpation
of ofﬁce;
quo W211‘-
ranto.
Judgment
in case quo
warranto
sustained.
Defendant
to he al—
lowed time
to plead.
not be liable to be sued in any other action or suit, for the making such
return; any law, usage, or custom to the contrarythereof notwithstand-
ing.
A na’ at; 2'! fart/lar marred &y the aaZ/zorz'z‘y aforesaid, That in‘case any
person or persons shall usurp, intrude into or unlawfully hold and exe-
cute any ofﬁce or franchise within this State, it shall and may be lawful
to and for the attorney general, with the leave of the-said supreme court,
to exhibit one or more information or informations in the nature of a
quo warranto at the relation of any person or persons desiring to sue or
prosecute the same who shall be mentioned in such information or
informations to be the relator or relators, against such person or persons
so usurping, intruding into or unlawfully holding and executing any
such ofﬁce or franchise, and to proceed therein in such manner as is
usual in cases of informations in the nature of a quo warranto; and if
it shall appear to the said supreme court that the several rights of divers
persons to the same ofﬁce or franchise may properly be determined on
one information, it shall and may be lawful for the said supreme court
to give leave to exhibit one such information against several persons in
order to try their respective rights to such ofﬁce or franchise; and such
person _or persons, against whom such information or informations in
the nature of a quo warranto shall be sued or prosecuted, shall appear
and plead as of the same term in which the said information or informa-
tions shall be ﬁled, unless the said supreme court shall give further time
to such person or persons against whom such information or informa-
tions shall be exhibited, to plead; and such person or persons who shall
sue or prosecute such information or informations in the nature of a
quo warranto shall proceed thereupon with the most convenient speed
that may be; any law or usage to the contrary thereof notwithstanding.
Ana’ ﬁe z'z‘ fart/m’ e/zacz‘ea’ &y 2716 aza‘ﬁarz'zjl aforrsaz'a’, That in case any
person or persons against whom any information or informations in the
nature of a quo warranto shall in any of the said cases be exhibited in
the said supreme court, shall be found or adjudged guilty of an usurpa-
tion or intrusion into, or unlawfully holding and executing any of the
said ofﬁces or franchises, it shall and may be lawful to and for the said
supreme court, as well to give judgment of ouster against such person
or persons of and from any of the said ofﬁces or franchises, as to ﬁne
such person or persons respectively, for his or their usurping, intruding
into or unlawfully holding and executing any such ‘ofﬁce or franchise;
and also to give judgment that the relator or relators in such informa-
tion named, shall recover his or their costs of such prosecution; and if
judgment shall be given for the defendant or defendants in such infor-
mation, he or they for whom such judgment shall be given, shall recover
his or their costs therein expended against such relator or relators; such
costs to be levied in manner aforesaid.
Ana’ [26 2'1‘ fart/lar e/zarz‘ea’ ﬁy f/ze aut/zorz'zj/ aforesaid, That it shall
and may be lawful to and for the said supreme court to allow to such
person or persons respectively, to whom any writ of mandamus shall be
directed, or against whom any information in the nature of a quo war-
ran'to, in any of the cases aforesaid, shall be sued or prosecuted, or to
the person or persons who shall sue or prosecute the same, such con-
venient time respectively to make a return, plead, reply, rejoin or demur,
as to the said supreme court shall seem just and reasonable; any thing
.herein contained to the contrary thereof in any wise notwithstanding.
can». 12.] ELEVENTH SESSION.
61
. CHAP. 12.
AN ACT concerning ideots, lunaticks, and infant-trustees.
PASSED the 6th of February, 1788.
Be 2'! ezzaez‘erz’ Z51’ Z/ze Peep/e 0f Z/ze Sz‘az‘e 0f Ne7t1~ Yer/I’ represe/zz‘ea’ 2'72
Se/ztzz‘e and Arse/111%] and 2'! is hereby e/zae/ezz' by Z/ze az/l/zorz'fy 0f f/ze same,
That the chancellor for the time being shall have the care and provide
for the safe-keeping of all 1deots and their lands and tenements, goods
and chattels, and that they may live and be competently maintained by
and out of their goods and chattels, the proﬁts of lands and
tenements respectively; and that no waste or destruction of their lands
or tenements be done or permitted, and such lands and tenements shall
in no wise be aliened, but shall, upon the death of such ideot, descend
and go to his heirs, and the residue of the said goods, chattels and
proﬁts, if there be any, shall go to and be distributed according to law,
among the next of kin of such ideot.
Am! [2e [2‘ furl/ter e/zczeferz’ Ziy f/ze azzZ/wrz'zj/ aferesaz'zz’, That the chan-
cellor for the time being, shall have the care and provide for the safe-
keeping of all lunaticks, and of their lands and tenements and goods and
chattels; and that they and their houshold, if they have any, may live
and be competently maintained by and out of their goods and chattels
and the proﬁts of their lands and tenements respectively, and that no
waste or destruction of their lands or tenements be done or permitted
and such lands and tenements shall in no wise be aliened, but shall,
together with the residue, of the goods, chattels and proﬁts, if there be
any, be restored to such lunatick if he comes to his right mind; and if
he dies in his lunacy, his lands and tenements shall descend and go to
his heirs and the residue of the said goods, chattels and proﬁts shall go
to and be distributed according to law, among the next of kin of such
lunatick.
A/zrz’ w/zereas many inconveniences do and may arise, by reason that
persons under the age of twenty one years, having estates in lands, tene-
ments or hereditaments, only in trust for others, or by way of mortgage,
cannot ttho’ by the direction of the cestuy que trust or mortgagor) con-
vey any sure estate in any such lands, tenements or hereditaments to
any other person or persons; for remedy whereof
Be 2'! fm'Z/zer ezzaez‘ed by t/ze azrf/zerz‘z‘y aforesaid, That it shall and may
be lawful to and for any such person under the age of twenty one years,
by the direction of the court of chancery, signiﬁed by an order made
upon hearing all parties concerned, on the petition of the person
or persons for whom such infant or infants shall be seised or pos-
sessed in trust, or of the mortgagor or mortgagors or guardian or
guardians of such infant or infants, or person or persons entitled to the
monies secured by or upon any lands, tenements or hereditaments,
whereof any infant or infants are or shall be seised or possessed by way
of mortgage or of the person or persons entitled to the redemption
thereof, to convey and assure any such lands, tenements or heredita-
ments, in such manner as the said court of chancery shall, by such order,
so to be obtained, direct. to any other person or persons; and such con-
veyance or assurance so to be had and made as aforesaid, shall be as
good and effectual in law, to all intents and purposes whatsoever, as if
the said infant or infants were, at the time of making such conveyance
VOL. 2.—— 78
flnavr
Lllbll.
Court of
chancery
to have
custody of
idiots.
Id., luna—
ties.
Convey-
an cos of
trust estate
by infants.
618
LAWS OF NEW YORK. [CHAR 14.
Infant
trustee
may be
compelled
to convey.
Acre de-
ﬁned.
Preamble.
Two JUS—
tices may
compel
father or
mother to
support
bastard
child.
or assurance, of the full age of twenty one years; any law, usage, or
custom to the contrary notwithstanding.
A no’ be it fart/cer enacted by t/ze azct/zority aforesaid, That all and every
such infant and infants, being only trustee or trustees, mortgagee or
mortgagees as aforesaid, shall and may be compelled, by such order so
as aforesaid to be obtained, to make such conveyance or conveyances,
assurance or assurances as aforesaid, in like manner as trustees or mort-
gagees of full age are compellable to convey or assign their trust-estates
or mortgages°
CHAP. l 3.
AN ACT for ascertaining the measure of land.
PASSED the 7th of February, 1788.
Be it enacted by t/ze People of tbe State of New Yor/e represented in
Senate and Assembly and it is bereby enacted by t/ze az/t/zority of tbe same,
That an acre of land shall contain one hundred and sixty square perches
or rods; each perch or rod being in length ﬁve yards, and one half of
one yard; and each yard three feet, and each foot twelve inches; so
that when an acre of land shall be sixteen rods in length, it shall be ten
rods in breadth.
CHAP. 14.
AN ACT for the relief of cities and towns from such charges as
may arise from bastard children born within the same.
PASSED the 7th of February, 1788.
\VHEREAs bastards or children begotten and born out of lawful mat-
rimony are often left to be kept and provided for at the charge of the
respective cities or towns in which the same are so born, to the great
burden of the same cities or towns; for remedy whereof,
Be it enacted by t/ze People of t/ze State of New York represented in
Senate and Assembly and it is bereby enacted by t/ze azct/zorizy of tbe same,
That any two justices of .the peace of any city or of any county, one
whereof residing in or near the town within which such bastard shall be
born, upon examination of the cause and circumstance, shall and may
by their discretion take order for the better relief of every such city or
town, in part or in all, and shall and may likewise by like discretion take
order for the keeping of every such bastard child by charging such
mother or reputed father with the payment of money weekly, or other
sustentation, for the relief of such child, in such wise as they shall think
meet and convenient; and if after the same order by them subscribed
under their hands, the mother or reputed father, upon notice thereof,
shall not for his or her part observe and perform the said order, that
then every such party so making default, in not performing the said
order, shall be committed to the house of correction or (for want thereof,)
to the common goal of such city or county, there to remain without bail
or mainprise, except he or she shall put in sufﬁcient surety to perform
the said order, or else personally to appear at the next general sessions
CHAP. 14.] ELEVENTH SESSION.
(319
of the peace, to be holden in and for the city or county, where such
order shall be taken; and also to abide such order as the said justices
of the peace or the major part of them, in their said sessions, shall take
in that behalf (if they then and there shall take any); and that if at the
said sessions the said justices shall take no other order, then to abide
and perform the order before made as aforesaid.
And be it fnrtlzer enaeted by t/ze aat/zority aforesaid, That if any woman
shall be delivered of a bastard child, which shall be chargeable or likely
to become chargeable to any city or town, or shall declare herself to be
with child, and that such child is likely to be born a bastard and to be
chargeable to any city or town, and shall in either of such cases, in an
examination to be taken in writing, upon oath, before any one or more
iistice or justices of the peace of any city or of any county, wherein
such town shall lie, charge any person with having gotten her with child,
it shall and may be lawful to and for such justice or justices, upon appli-
cation made to him or them, by the overseers of the poor of such city
or town or persons acting as such or by any one of them, to issue out
his or their warrant or warrants for the immediate apprehending such
person so charged as aforesaid and for bringing him before such justice
or justices, or before any other of the justices of the peace of such city
or county; and the justice or justices before whom such person shall be
brought is and are hereby authorized and required to commit the per-
son so charged as aforesaid, to the house of correction or common goal
of such city or county, unless he shall give security to indemnify such
city or town, or shall enter into a recognizance with sufﬁcient surety
with condition to appear at the next general sessions of the peace to be
holden for such city or county and to abide or perform such order or
orders as shall be made in pursuance of this act. Provided nevertbeless,
And be it furt/zer enaeted by the aat/iority aforesaid, That if the woman
so charging any person as aforesaid, shall happen to die or be married
before she shall be delivered, or if she shall miscarry of such child, or
shall appear not to have been with child at the time of her examination,
then and any of the said cases such person shall, at the next general ses-
sions of the peace, to be holden for such city or county, be discharged
from his recognizance or immediately released out of custody by war-
rant under the hand and seal or hands and seals of any one or more
justice or justices of the peace of such city or of any one or more jus-
tice or justices of such county, residing in or near such town. Provided
also,
And be it furtber enaeted by Me aat/zority aforesaid, That upon appli-
cation made by any person who shall be committed to any house of
correction or goal by virtue of this act or by any person in his behalf to
any one or more justice or justices of such city or to any one or more
justice or justices of such county, residing in or near such town, such
justice or justices is and are hereby authorized and required to summon
the overseer or overseers of the poor of the city or town to appear before
him or them, at a time and place to be mentioned in such summons to
shew cause why such person should not be discharged; and if no order
shall appear to have been made in pursuance of this act, within six
weeks after such woman shall have been delivered, such justice or jus-
tices shall and may discharge him from his imprisonment in such house
of correction or goal to which he shall have been committed. Provided
always,
And be it fart/zer enaeted by t/ze aut/zorizy aforesaid, That it shall not
be lawful for any justice or justices of the peace to send for any woman
whatsoever in order to her being examined concerning her pregnancy or
0
Proceed—
lugs to
determine
paternity
of child.
Death of
child_or
marriage
of mother
to abate
proceed
ings.
Proceed—
ings to
release per~
son com-
mitted to
jail as
putative
father.
Woman
not com-
pelled to
be exam—
620 LAWS or NEW YORK. [CHAR 15.
tgeedglamth supposed pregnancy until one month after she shall be delivered or to
after compel any woman before she shall be delivered to answer to any ques-
delivery' tion relating to her pregnancy.
A/za’ av/zereas the putative fathers and lewd mothers of bastard chil-
dren often run away out of the city or town and sometimes out of the
county and leave the said bastard children upon the charge of the city
or town where they are born, although such putative father or mother:
have estate sufficient to discharge such city or town; Therefore
Overseers Be it fZ/l’Z/ZEI’ e/zaetea’ by Me ant/writt’ aforesaid, That it shall and may
2 Y’ Lt‘ Ch ~ ‘
21,381,114 be lawful for the overseers ot the poor of such city or town, where any
Impefwof bastard child shall be born, to apply to any two justices of the peace of _
putative .
father or the city or county where the estate real or personal or any part thereof
I‘Qggllﬁaw of such putative father or lewd mother may he. and by warrant under
ﬂed. the hands and seals of the said two justices (who are hereby authorized
and required to issue the same) to seize and take the goods and chat-
tles and to let out and receive the annual rents and proﬁts of the lands
and tenements of such putative father or lewd mother, so absconding as
aforesaid, for and towards the bringing up and providing for such has-
tard child so left as aforesaid; and so soon as the said seizure shall be
allowed of and conﬁrmed by the justices in their general sessions of the
peace, it shall and may be lawful for the overseers of the poor of the
city, town or place, or any two of them, from time to time, and as often
as the case may require, to sell and dispose of so much and so many of
the said goods and chattels at public vendue, to the highest bidder and
to receive the said rents and proﬁts, or so much thereof as shall be
ordered by the said sessions and to apply the money arising thereby
towards the bringing up and providing for such bastard child so left as
aforesaid. Ana’ fm't/zer that the said overseers of the poor shall be
accountable to the justices of the peace in their said general sessions,
for all such monies as shall or may arise by every such sale or sales, or
to be received, by them for the rents and proﬁts of such lands or tene-
ments.
Suits for A no’ be it fart/zer eizaetea’ by t/ze aat/zorz'ty aforesaz'a’, That if any person
3235K or persons shall be sued for any matter or thing which he or they shall
do in execution of this act, he or they may plead the general issue and
give the special matter in evidence; and if a verdict shall pass for the
defendant or defendants, or if the plaintiff shall be non-suited or dis-
continue his suit, the defendant or defendants shall recover treble costs;
and shall have the like remedy for the same as any defendant hath in
other cases by law.

Town. Ana’ be it flli’f/Zé’i' enaetea’ by t/ze aat/zorz'zjt aforesaid, That the term
what to - - - - -
compre_ town made use of 1n thls act, shall be descriptive of, equivalent to and
hend- be understood to comprehend, borough, township, town, manor, parish,
district, precinct and place, respectively.
CHAP. 15.
AN ACT concerning apprentices and servants.
PASSED the 6th of February, 1788.
Agreement
by appren- Be it enacted by t/ze People of tbe State of New York represented in
‘glcfcg’ftt Senate ana’ Assembly, and it is lzereby enacted by ﬁle: authority of the same,
same town That no master or mistress or other person or persons shall, after the
33525?“ passing of this act, compel or cause any apprentice or journeyman, by
'CHAP. 15.]
ELEVENTH SESSION.
oath or bond, heretofore made or hereafter to be made, or otherwise,
that he or she, after his or her apprenticeship or term expired, shall not
set up keep or occupy any shop, house, or cellar, and therein use or
exercise such his or her said art, craft, mystery, profession, trade,
employment or manual occupation, nor by any means exact or take, of
any such apprentice or any journeyman, nor any other, setting up,
occupying, using or exercising for him or themselves, nor of any other
persons for them, after his or their said years or term expired, any sum
of money or other thing whatsoever, for using or exercising the same,
upon pain to forfeit, for every time that they or any of them shall offend
contrary to this act, the sum of forty pounds; the one half thereof to-
the people of this State and the other half to such person or persons
as will sue for the same; to be recovered with costs of suit by action of
debt, bill, plaint or infori'nation, in any court of record having cogni-
zance thereof; and that all and every bond or other security given or
entered into, contrary to the true intent and meaning of this act shall be
void.
Ana’ w/zereas doubts have arisen whether any person within the age
of twenty one years and bounden to serve, as a clerk, apprentice, or se'r-
vant, shall be holden, accepted and taken as a clerk apprentice or ser-
vant ; for removing such doubts, Be it furf/zer e/zaez‘ea’ by t/ze az/f/wrz'zy
aferesaz'a’, That all and every such person or persons, that at any time
or times hereafter shall be bounden by indenture, of his or her own free
will and accord and by and with the consent of his or her father, or in
case of the death of his or her father, by and with the consent of his or
her mother, or guardian, to be expressed in such indenture, and signiﬁed
by such parent or guardian sealing and signing the same indenture, and
not otherwise, or by the justices and overseers of the poor, as is herein
after directed and prescribed, to serve as a clerk, apprentice or servant
in any art, craft, mystery, science, profession, trade, employment, manual
occupation orElabour, in manner and form aforesaid, until he or she shall
be of the age of twenty one years, or for any shorter time, although the
same clerk, apprentice or servant shall be within the age of twenty one
years, at the time of making of his or her indenture, shall be bounden to
serve for the years or term in his or her inclentures contained, as amply
and largely, to every intent, as if the same clerk, apprentice or servant
was of full age, at the time of making such indenture; any law, usage
or custom to the contrary notwithstanding; pros/idea’ always that any
child of any Indian woman shall not be so bound or indented as afore-
said, except in the presence 8: with the consent ofa justice of the peace,
a certiﬁcate of such consent being also signed by the justice 8: ﬁled
with the clerk of the town or place in which such indenture shall be
executed.
Am! be 2'! furZ/zer eizaez‘ea’ by z‘be auﬂzerz'ly afbresaz'a’, That it shall
and may be lawful for the overseers of the poor of any city or town
within this State, by and with the consent of the justices of the peace of
the same county or any two of them, residing in or near such town or
in the cities of New York, Albany and Hudson, by and with the con-
sent of the mayor, recorder and aldermen or any two of them, to bind
out any child who is or shall be chargeable or whose parents are or
shall become chargeable to the city or town wherein they respectively
inhabit, or who shall beg for alms, to be apprentices or servants, accord-
ing to their degree and ability, where they shall see convenient, till
such child or children, if male, shall respectively arrive or come to the
age of twenty one years, and if female to the age of eighteen years; and
that the indentures or articles of agreement, for binding any such infant,
Apprentice
bound by
agreement
to serve,
although a.
minor.
Binding
out of
children
by over-
seers of
the poor.
622
LAWS OF NEW YORK. [CHAR 15.
Proceed-
ings Where
apprentice
or servant
refuses to
serve.
Age of in
fant bound
to be in-
serted in
indenture.
Money con-
sideration
to be in-
serted in
indenture.
Indenture
not con~
forming to
this act to
be void
against
apprentice
or servant.
Agreement
not voided
because
not in-
dented.
shall be as effectual to all intents and purposes as if such infant were of
full ageand by indenture of covenant bound him or herself.
And be it fart/zer enacted by t/ze aat/zority aforesaid, That if any person,
who shall bind him or herself, by and with the consent of his or her
parent or other guardian, as aforesaid, or who shall be bound by the
overseers of the poor and justices or mayor or recorder and aldermen or
any two of them, as aforesaid to serve, as an apprentice or servant in
the manner in this act above directed and prescribed, shall refuse so to
do, that then, upon complaint of the master or mistress, to whom such
apprentice or servant is or shall be bound as aforesaid, to one justice of
the peace of the county wherein the said refusal is or shall be made, or
to the mayor or recorder or any one of the aldermen of any city, if any
such refusal shall be there, they and each of them shall have full power
and authority by this act, by warrant under hand and seal, or otherwise,
to send for the same person so refusing; and the said justice or the
said mayor or recorder or alderman respectively, shall have power and
authority, by virtue of this act, if the said person refuse to serve, as an
apprentice or servant, to commit him or her unto ward in the bridewell
or house of correction if any there be, or if there be no bridewell or
house of correction, in the gaol of the city or county wherein such
refusal shall take place, there to remain until he or she be contented
and will serve as an apprentice or servant should serve, according to
the true intent and meaning of this act.
And to the end that the time of the continuance of the service of such
apprentice or servant may the more plainly and certainly appear, the
age of every such infant so to be bound apprentice or servant, shall be
mentioned and inserted in his or her indentures; and where the binding
is by the overseers of the poor, by and with the consent of two justices
of the peace, or mayor, recorder and aldermen as aforesaid, the same
justices of the peace or mayors, recorders and aldermen shall, as fully
as they can, inform themselves of such infant’s age, and from such
information shall insert the same in the said indentures; and the age of
such infant so inserted and mentioned in the said indentures (in relation
to the continuance of his or her service) shall be taken to be his or her
true age, without any further proof thereof.
And be it fart/ter enacted by t/ze azct/zority aforesaid, That all and every
sum and sums of money which shall be given, paid, contracted or agreed
for, with or in relation to every clerk or apprentice, which shall, after
the passing of this act, be put or placed to or with any master or mis-
tress, to learn any art, craft, mystery, science, profession, trade, employ-
mentor manual occupation, shall be inserted in the indentures so to
be executed by such clerk or apprentice as aforesaid.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That all inden-
tures, covenants, promises and bargains, of or .for the having taking or
keeping of any clerk or apprentice hereafter to be made or taken, other-
wise than is by this act limited, ordained and appointed, shall be clearly
void in law to all intents and purposes as against such clerk or appren-
tice only.
And be it fzcrt/zer enacted by t/ze azct/zority aforesaid That no deed,
contract, agreement or writing, whatsoever made or to be made for
binding any person as a clerk, apprentice or servant as aforesaid, after
the passing of this act, shall be deemed or adjudged to be void and of
no effect by reason or on account of such deed, contract, agreement, or
writing not being indented only.
And n/bereas the emigration of poor persons from Europe hath con-
duced greatly to the settlement of this State, while a colony; and
CHAP. 15.] ELEVENTH SESSION.
whereas doubts have arisen tending to the discouragement of further
importation of such poor persons; therefore be it fart/zer enacted by ﬁle
ant/zority aforesaid, That every contract already made or hereafter to be
made by any infant or other person, coming from beyond sea, executed
in the presence of two witnesses and acknowledged by the servant,
before any mayor, recorder, alderman or justice of the peace, shall bind
the party entering into the same, for such term and for such services as
shall be therein speciﬁed: And that every assignment of the same, exe-
cuted before two credible suscribing witnesses, shall be effectual to trans-
fer the same contract for the residue of the term therein mentioned.
But that no contract shall bind any infant longer than until his or her
arrival to the full age of twenty one years; excepting such as are or
shall be bound in order to raise money for the payment of their pas-
sages, who may be bound until the age of twenty four years, provided
the term of such service shall not exceed four years in the whole.
And be it fart/zer enaeted by t/ze ant/writ)» aforesaid, That if any mas-
ter or mistress shall be guilty of any misusage, refusal of necessary pro-
visions, or cloathing, cruelty or other ill treatment, so that his or her
said clerk, apprentice, or servant shall have any just cause to complain
or the said clerk, apprentice or servant be guilty of any misdemeanor,
miscarriage or ill behaviour, or do not his or her duty to his or her
master or mistress, then the said master or mistress, or the said clerk
apprentice or servant, being aggrieved and having just cause of com
plaint, shall repair unto one justice of the peace within the county or to
the mayor or recorder or any one of the aldermen of the city where the
said master or mistress dwelleth, who shall by his wisdom and discre
tion, take such order and direction between the said master or mistress
and his or her clerk, apprentice or servant, as the equity of the cause
shall require; and if for want of a good conformity in the said master
or mistress, or clerk, apprentice or servant, the said justice of the peace,
or mayor, recorder or alderman, cannot compound or agree the matter
between such master or mistress, and his or her clerk, apprentice or
servant, then the said justice or the said mayor, or recorder, or alder-
man, shall take a recognizance of the said master or mistress, in such
sum as he shall think proper, to appear at the next general sessions of
the peace, then to be holden in the said county or city, where the said
master or mistress doth reside, and upon his or her appearance and
hearing of the matter before the justices, at the said general sessions of
the peace, if it be thought meet unto them, to discharge the said clerk,
apprentice or servant of his or her clerkship, apprenticeship or service,
that then the said justices or three of them at the least, shall have power,
by virtue of this act, by rule or order of the said court, to discharge the
said clerk, apprentice or servant of his or her clerkship, apprenticeship
or service, and to order all such part of such sum and sums of money,
as shall have been given, paid, contracted or agreed, for, with or in rela-
tion to every such clerk, apprentice or servant, as they shall judge meet
and proper, to be refunded and paid back, to the person or persons
who paid the same, his or her executors or administrators: And that
such order so entered in ‘the minutes of the said court shall be a sufﬁc-
ient discharge for the said clerk, apprentice or servant against his or
her master or mistress and his or her executors and administrators, the
said indenture or any law or custom to the contrary notwithstanding.
And if the default shall be found to be in the clerk, apprentice or ser-
vant, then the said justices shall cause such due correction and punish-
ment to be administered unto him or her, as by their wisdom and dis-
cretion shall be thought meet.
Contracts
of service
by immi-
grants.
M isusage
by master.
6124
LAWS OF NEW YORK. [CHAR 15.
Differences
between
master and
apprentice,
how set-
tled.
Offending
apprentice
may be
committed
to jail.
Apprentice
compelled
to make
up time
lost by
absence
after arriv-
ing at full
age.
And whereas in some cases, as well by reason of the distance of the
place of residence of thesaid masters or mistresses, from the places
where the respective courts of general sessions of the peace are holden,
as for other causes, it is very inconvenient that the ﬁnal decision of dif-
ferences between masters and mistresses and their apprentices or ser-
vants, should be deferred till the setting of the next general sessions of
the peace for the city or county, wherein such master or mistress reside;
For remedy whereof, be it farther ehaeted [y the authority aforesaid,
That it shall and may be lawful, to and for any three or more ju-stices in
any county or for the mayor recorder and aldermen, or any three or more
of them, upon any complaint or application, by any apprentice or servant,
upon whose binding out no sum of money was paid, touching or concern-
ing any misusage refusal of necessary provision or cloathing cruelty or
other ill treatment, of or towards such apprentice or servant, by his or her
master or mistress, by precept under their hands and seals, to summon
such master or mistress to appear before such justices, or such mayor,
recorder and aldermen, or any two or more of them, at areasonable
time and place to be named in such summons; and such justices, mayor,
recorder'and aldermen, shall and may examine into the matter of such
complaint; and upon proof thereof made upon oath, to their satisfac-
tion; (whether the master or mistress be present or not, if service of the
summons be also upon oath proved), the said justices, or mayor,
recorder and aldermen may discharge such apprentice or servant, by
warrant, or certiﬁcate under their hands and seals; for which warrant
or certiﬁcate no fee shall be paid.
And be it farther enacted by the authority aforesaid That it shall and
may be lawful to and for such justices, or mayor, recorder and alder-
men, or any two or more of them, upon application or complaint made,
upon oath, by any master or mistress, against any such apprentice or
servant, touching or concerning any misdemeanor, miscarriage, or ill
behaviour, in such his or her service, to hear, examine and determine
the same, and to punish the offender, by commitment to the house of
correction (if any there be) or to the common gaol of the county or city,
thereto remain and be corrected and held to hard labor for a reasonable
time, not exceeding one kalender month, or otherwise by discharging
sucn apprentice or servant, in manner and form before mentioned.
Aha’ zclhereas, many persons are taken as apprentices or servants,
when they are very young, and for several years of their apprentice-
ships or service, are rather a burthen, than otherwise, to their masters
or mistresses: A/zd whereas it frequently happens that such apprentices
or servants, when they might be expected to be useful to their masters
or mistresses, absent themselves from their service: And whereas the
laws in being are not sufﬁcient to prevent these inconveniences: For
remedy whereof: Be it farther e/zaeted by the authority aforesaid, That
from and after the passing of this act, if any apprentice or servant
shall absent him or herself, from his or her masters or mistress’s service,
before the term of his or her apprenticeship or service shall be expired,
every such apprentice or servant shall, at any time or times thereafter,
whenever he or she shall be found_,'be compelled to serve his or her said
master or mistress, for double the time he or she shall have so absented
him or hereself from such service, unless he or she shall make satisfac-
tion to his or her master or mistress for the loss he or she shall have
sustained by such absence from his or her service; and so from time to
time, as often as any such apprentice or servant, shall, without leave of
his or her master or mistress, absent himself or herself from his or her
service, before the term of his or her contract shall be fullﬁlled.
CHAP. 16.] ELEVENTH SESSION.
Provided always and be ii‘ furz‘lzer enacted by ﬁre aziz‘lzorizy aforesaid,
That nothing in this clause of this act shall extend to any apprentice,
whose master or mistress shall have received with such apprentice any
sum or sums of money to learn such art, craft, mystery, profession, trade
or employment. And also that no apprentice or servant shall be com-
pelled to serve for any time or term or to make any satisfaction to any
master or mistress, after the expiration of three years, next after the end
of the term for which such apprentice or servant, shall have contracted
to serve; any thing herein contained to the contrary notwithstanding.
Provided also and be iz‘ fz/rz‘lzer e/zaez‘ed by Me am‘lzorizy aforesaid,
That if any person or persons shall think himself, herself or themselves,
aggrieved, by such determination, order or warrant of such justice or
justices, mayor or recorder and aldermen as aforesaid, (except an order
of commitment) he, she or they may appeal to the next general sessions
of the peace, to be holden in and for the county, city or place where
such determination or order shall be made; such person or persons
giving six days notice of his, her or their intention of bringing such
appeal and of the cause and matter thereof, to such justice or justices
of the peace, mayor, recorder or aldermen and the parties concerned,
and entering into a recognizance, within three days after such notice,
before some justice of the peace or the mayor, or recorder or one of the
aldermen for such county, city or place, with sufﬁcient surety, con-
ditioned to try such appeal at, and abide the order or judgment of, and
pay such costs as shall be awarded by, the justices at such general ses-
sions: \Vhich said justices at their said sessions, upon due proof, upon
oath, of such notice being given and of entering into such recognizances
as aforesaid, shall and are hereby empowered and directed to proceed
in and hear and ﬁnally determine the causes and matters of all such
appeals and to give and award such costs to any of the respective parties,
appellant or respondent, as they in their discretion shall judge proper
and reasonable, not exceeding four pounds; the same to be levied by
distress and sale of the goods and chattels of such person or persons,
against whom such determinations shall be made, and that their judge
ments and orders theirin shall be ﬁnal and conclusive to all parties con-
cerned.
Provided also aazd be ilfari/zer marred by f/ze az/f/zorizjr aforesaid, That
no writ of certiorari or other process shall issue or be issuable to remove
into the supreme court any proceedings whatsoever had in pursuance of
this act, before any justice or justices of the peace, mayor or recorder,
or alderman, or any of them, or before any court of general sessions of
the peace, until after determination and ﬁnal judgment therein had by,
or in such court of general sessions of the peace.

CHAP. 16.
AN ACT against buying and selling of ofﬁces.
PASSED the 7th of February, I788.
For the avoiding of corruption in ofﬁcers and to the intent that per-
sons worthy and meet to be advanced to places where justice is to be
administered, or any service of trust executed and no other should here-
after he preferred to the same ; Be iz‘ e/zaez‘ed by l/ze People of tbe Sz‘afe
of New York represented in Seizaz‘e 59’ Assembly and it is bereby elzaez‘ed
by t/ze aaf/zorily of the same, That if any person or persons, at any time
VOL. 2.—79
Appeals
from deter-
min ation
of justice.
Certiorari
to supreme
court not
to issue
until judg-
ment by
general
sessions.
Penalty for
buying or
selling
ofﬁces.
LAWS or NEW YORK. [CHAR 16.
Official
acts of
person
convicted
not affected
hereafter bargain or sell any ofﬁce or ofﬁces, or deputation of any ofﬁce
or ofﬁces,'or any part or parcel of any of them, or receive, have or take any
money, fee, reward or any other proﬁt directly or indirectly or take any
promise, agreement, covenant, bond or any assurance, to receive or have.
any money, fee or reward or other proﬁt directly or indirectly for any
ofﬁce or ofﬁces or for the deputation of any ofﬁce or ofﬁces, or any part
of them, or to the intent that any person should have, exercise or enjoy
any ofﬁce or ofﬁces, or the deputation of any ofﬁce or ofﬁces or any part
of any of them, then all and every such person and persons who shall so
bargain or sell any such ofﬁce or ofﬁces, deputation or deputations, or
who shall take any money, fee, reward or proﬁt for any such ofﬁce or
ofﬁces, deputation or deputations of any such ofﬁce or ofﬁces. or any
part of any of them, or who shall take any promise, agreement, cove-
nant, bond or assurance for any money, fee, reward or proﬁt to be given
for any such ofﬁce or ofﬁces, deputation or deputations, of any such
ofﬁce or ofﬁces, or any part of any of them, shall not only lose and for-
feit all his and their right and estate which such person or persons shall
then have of, in or to such ofﬁce or ofﬁces, deputation or deputations,
or any part of any of them, or of in or to the gift or nomination of such
ofﬁce or ofﬁces, deputation or deputations, for the which ofﬁce or ofﬁces,
or for the deputation or deputations of which ofﬁce or ofﬁces, or for any
part of any of them, any such person or persons shall so make any such
bargain or sale, or take or receive any sum of money, fee, reward or
proﬁt or any promise, agreement, covenant, bond or assurance to have
or receive any money, fee, reward or proﬁt: But also all and every such
person or persons who shall give or pay any sum of money, reward or
fee, or shall make any promise, agreement, covenant, bond or assurance
for any such ofﬁce or ofﬁces or for the deputation or deputations of any
such ofﬁce or ofﬁces or any part of any of them shall immediately, by
and upon the same fee money or reward given or paid, or upon any
such promise, agreement, covenant, bond or assurance had or made for
any fee, sum of money or reward to be paid or given as aforesaid be
adjudged a disabled person in the law to all intents and purposes, to
have, exercise and enjoy the said ofﬁce or ofﬁces, deputation or deputa-
tions, or any part of any of them, for the which such person or person
shall so give or pay any sum of money, fee or reward or make any
promise agreement covenant bond or other assurance to give or pay any
sum of money fee or reward. Andfzzrt/zer that all and every such bar-
gains, sales, promises, agreements, covenants, bonds, and assurances as
be before speciﬁed shall be void to and against him and them by whom
any such bargain, sale, promise, agreement, covenant, bond or assurance
shall be had or made. '
Pro-vided always and be it fart/cer enacted by Me al/t/zority aforesaid,
That if any person or persons do offend in any thing contrary to the
tenor and effect of this statute, yet notwithstanding all judgments given,
and all other act and acts executed or done by any such person or per-
sons so offending by authority or colour of the ofﬁce or deputation which
ought to be forfeited or not occupied or not enjoyed by the person so
offending as aforesaid, after the said offence so by such person committed
or done and before, such person so offending for the same offence be
removed from the exercise, administration and occupation of the said
ofﬁce or deputation, shall be and remain good and sufﬁcient in law, to
all intents, constructions and purposes in such like manner and form as
the same should or ought to have remained and been, if this statute had
not been made.
CHAP. 17.] ELEVENTH SESSION.
627
CHAP. 17.
AN ACT for preventing and punishing perjury and subornation
of perjury and for compelling the attendance of witnesses.
PASSED the 7th of February, r788.
Be it enaeted by t/ze People of Me State of Mao York, represented in
Senate and Assembly and it is lzereby e/zaeted by t/ze authority of tbe same,
That all and every person and persons who shall unlawfully and cor-
ruptly procure or suborn any witness or witnesses, by letters, rewards,
promises, menaces, threats, or by any other sinister or unlawful labour
or means whatsoever, to commit any wilful and corrupt purjury, in any
matter or cause whatsoever, now depending, or which hereafter shall
'depend, in suit and variance, by any writ, action, bill. complaint, infor-
mation or indictment, in any wise touching or concerning any lands,
tenements or hereditaments, or any goods, chattels, debt, damages or
offence, in the court of chancery, or in the court of admiralty, or in the
court of probates, or in any court of record, or before any justice of the
peace, mayor, recorder, or alderman, or shall unlawfully and corruptly
procure or suborn any witness or witnesses who shall be sworn to testify
in perpetuam rei memoriam, that then every such offender shall for his
or her said offence, being thereof lawfully convicted or attainted, lose
and forfeit the sum of one hundred pounds. And if any such offender
being so convicted or attainted as aforesaid, shall not have any goods
or chattels, lands or tenements to the value of one hundred pounds, that
then every such person so being convicted or attainted of any of the
offences aforesaid, shall, for his said offence, suffer imprisonment for the
space of six months, without bail or mainprize, and shall stand upon the
pillory the space of one whole hour in some town or public place in the
county or city where the offence was committed. Andfart/ier, that no
person being so convicted or attainted shall thenceforth be ieceived as
a witness to depose or be sworn in any matter or cause whatsoever, until
the judgment given against him or her shall be reversed, by attaint or
otherwise.
And be it fart/ler enaeted by Me aat/iority aforesaid, That if any person,
either by the subornation, unlawful procurement, sinister persuasion, or
means, of any other or by his or her own act, consent or agreement,
wilfully and corruptly commit any manner of wilful perjury, by his or
her deposition in any of the courts aforesaid, or before any person or
persons having competent authority to take the same and administer
such oath, or on being examined in perpetuam rei memoriam, then he
or she so offending and being thereof duly convicted or attainted, shall,
for his or her said offence, lose and forfeit one hundred pounds and be
imprisoned six months without bail or mainprise. And such person so
offending from thenceforth shall not be received as a witness to depose
or be sworn in any matter or cause whatsoever, until the judgment given
against him or her shall be reversed by attaint or otherwise. Andfar-
t/zer, if any such offender being so convicted or attainted as aforesaid,
shall not have any goods or chattels, lands or tenements to the value of
one hundred pounds, that then every such offender so being convicted
or attainted shall be set on the pillory for the space of one hour in some
town or public place in the same county or city where the said offence
shall be committed.
Suborna-
tion of
perjury,
penalty for
Perjury,
penalty for
Perj urer
disqualiﬁea
as witness.
628
LAWS OF NEW YORK. [CHAR 17.
Forfeiture,
one moiety
to prose-
cutor.
What to be
set forth in
indictment
Id
Court to
direct
prosecu-
tions for
perjury.
Penalty for
default by
witnesses.
And be it further enacted by the authority aforesaid, That one moiety
of the said forfeiture shall be to the use of the people of this State and
the other moiety to such person or persons as shall be grieved, hindered
or molested by reason of any the offence or offences aforesaid, who will
sue for the same, by action of debt, bill, plaint or information in any
court of record.
And be it further enacted by the authority aforesaid, That in every
information or indictment to be prosecuted against any person for wil-
ful and corrupt perjuty, either at the common law, or upon this act, it
shall be sufﬁcient to set forth the substance of the offence charged upon
the defendant and by what court, or before whom, the oath was taken
(averring such court or person or persons to have a competent authority
to administer the same) together with the proper averment or averments
to falsify the matter or matters wherein the perjury or perjuries is or are
assigned, without setting forth the bill, answer, information, indictment,
declaration or any part of any record or proceedings, either in law or
equity, other than as aforesaid, and without setting forth the commis-
sion or authority of the court or person or persons, before whom the
perjury was committed; any law, usage or custom to the contrary not-
withstanding.
Aud be it further enacted by the authority aforesaid, That in every
information or indictment for subornation of perjury or for corrupt
bargaining or contracting with others to commit wilful and corrupt per-
jury, either at the common law, or upon this act, it shall be sufﬁcient to
set forth the substance of the offence charged upon the defendant, with-
out settmg forth the bill, answer, information, indictment, declaration
or any part of any record or proceedings, either in law or equity, and
without setting forth the commission or authority of the court or person
or persons, before whom the perjury was committed, or was agreed or
promised to be committed; any law usage or custom to the contrary
notwithstanding.
A 12d be it further enacted by the authority aforesaid, That it shall and
may be lawful to and for any of the justices of the supreme court, either at
the supreme court or any of the circuit courts or justices assigned to hear
and determine, or justices of goal delivery and they are hereby author-
ized, setting the court, or within twenty four hours after, to direct any
person examined as a witness upon any trial before him or them, to be
prosecuted for the said offence of perjury, in case there shall appear to
him or them a reasonable cause for such prosecution and that it shall
appear to him or them proper so to do, and to assign the party injured
or other person undertaking such prosecution, counsel who shall and are
hereby required to do their duty without any fee, gratuity or reward for
the same, and every such prosecution so directed as aforesaid, shall be
carried on without payment of any fees in court or to any ofﬁcer of the
court, who might otherwise claim or demand the same, and the clerk or
other proper ofﬁcers who shall be attending when such prosecution is
directed, shall and is hereby required, without any fee or reward, to
give the party injured or other person undertaking such prosecution, a
certiﬁcate of the same being directed, together with the names of the
counsel assigned him by the court; which certiﬁcate shall in all cases
be deemed sufﬁcient proof of such prosecution having been directed as
aforesaid: ‘But that no such direction or certiﬁcate shall be given in
evidence upon any trial to be had against any person upon a prosecu-
tion so directed as aforesaid.
A 12d be it further enacted by the authority aforesaid, That if any person
upon whom any process out of any of the courts of record within this
CHAP. 1a] ELEVENTH SESSION.
629
State shall be served to testify or depose concerning any cause or mat-
ter depending in any of the same courts and having tendered to him or
her, according to his or her degree or calling, such reasonable sums of
money, for his'or her costs and charges, as, having regard to the distance
of the place, is necessary to be allowed in that behalf, do not appear
according to the tenor of the said process, not having a lawful and rea-
sonable let or impediment to the contrary, then the person making
default shall lose and forfeit, for every such offence, the sum of twenty
pounds and shall yield further recompence to the party grieved accord-
ing to the loss and hindrance which the party who procured the said
process, shall sustain by reason of the non-appearance of such witness;
the said several sums to be recovered by the party so grieved against
the offender by action of debt, bill, plaint, or information in any court,
of record, with costs of suit.
CHAP. IS.
AN ACT for preventing and punishing champerty and mainte_
nance.
PASSED the 7th of February, I788.
Be ii‘ e/zaez‘ed by z‘lze People of [be Slaz‘e of JVea'I Yor/e revrese/zz‘ed in
Seville and Assembly, and ii‘ is lzereby e/zaeied by ﬁle aaz‘liorizy of the same,
That no ofﬁcenor any other person shall take upon him any business
that is or may be in suit in any court for to have part of the thing in
plea or demand; and no person upon any such covenant or agreement
shall give up his right to another and if any do, such conveyance cove-
nant and agreement shall be void. A/zdfarZ/zer, that all and every per-
son and persons who shall maintain any plea, suit or matter depending or
hereafter to be depending in any court, for lands, tenements or other
things, for to have part or profit thereof, shall be punised by ﬁne or
imprisonment: But this act shall not prohibit any person to have coun—
sel of pleaders or men learned in the law for his fee or of his parents
and next friends.
And be ii‘ fari/zer enacted by ﬁle az/i/zorizfy aforesaid, That neither the
chancellor, the justices of the supreme court, the president of the senate,
senators, ofﬁcers of the court of chancery, clerks or other ofﬁcers, judi-
cial or ministerial, or any or either of them, shall take or receive any
land or tenements in fee, by gift, or by purchase, or to farm, or by
champerty, or otherwise, so long as the thing is in plea in any court, nor
shall take any reward thereof, and he who doth the contrary, either by
himself, or by any other, or makes any bargain concerning the same,
shall be punished by ﬁne or imprisonment, as well he that purchaseth,
as he that doth sell.
And it is bereby deeiared by Me azii/zorizy aforesaid, That all such as
confederate or bind themselves by oath, covenant, agreement or other
alliance, that every of them shall aid and bear the other, falsely and
maliciously to indict or cause to be indited any person or persons or
falsely to move or maintain any plea or suit, and such as maliciously
cause children within age to appeal men of felony, whereby they are
imprisoned and grieved, as such as retain men in the country with liv-
eries or fees for to maintain their malicious enterprises, as well the
takers as the givers are properly to be called conspirators. And such
Person not
to prose-
cute action
for share
of demand.
Court ofﬁ-
cers not to
urchase
ands of
which title
is in suit.
Conspira-
tors and
champer—
tors der
ﬁned.
630
LAWS OF NEW YORK. [CHAR 18.
Process
against
oonspi ra-
tors, in-
ventors
and m ain-
tainors.
Penalty
for main-
taining
quarrels.
Actions for
malicious
ind ict-
ments or
appeals.
Penalty
for malic-
ious appeal
of murder
or other
felony.
as move pleas and suits or cause them to be moved, either by their own
procurement or by others and sue them at their own proper costs, for
to have part of the land or thing in variance, controversy or demand, or
part of the gains, are properly to be called champertors.
Ami [2e 2'! fzerZ/zer e/zezez‘ed éy Z/ze azel/zorz'l‘y aferesczz'd, That whosoever
will complain of conspirators, inventors, and maintainors of false quar-
rels and the paitakers thereof, may cause them to be attached that they
be before the people of the State of New York to answer unto the plain-
tiffs, by a writ out of the chancery in form following; the people of the
State of New York to the sheriff greeting; we command you that if A.
of G. shall make you secure of prosecuting his complaint, then put by
gage and safe pledges C. of D. that he be before us on the third Tues-
day of january next, wheresoever we shall then be, to answer the afore-
said A. of a plea of conspiracy and trespass, according to our ordinance
thereof lately provided, as the same A. can reasonably shew that he
ought to answer unto him thereof; and have you there the names of the
pledges and this writ. Ami fzerZ/zer that if any person shall prosecute
by bill without writ, the court shall do right to the plaintiff without delay.
Aim’ &e if furt/zer emzefea’ {2}) Me azzt/zerz'z‘y aferesaz'd, That no person
whosoever great or small, either by himself or by any other, by sending
letters or otherwise, shall take upon him to maintain quarrels other,
than his own, nor parties in the country or elswhere, to the let and
disturbance of law upon pain of being punished by fine or imprison-
ment, and to lose his ofﬁce if he be an ofﬁcer.
A 1m’ [2e 2'! fzeri/zer e/zaez‘ea’ a)! the az/Z/mrz'zj) aforesaid, That every citizen
of this State, who shall maliciously be indicted or appealed, of or for
any treason, felony or trespass, by any indictment or appeal before the
justices of the supreme court, or before justices assigned to hear and
determine, or before justices of the peace, or before any other having
power to take such indictments or appeals, and who shall be then dwell-
ing in any other county than where such indictment or appeal shall be
taken, and who shall afterwards be duly acquitted thereof by verdict,
shall after such acquittal have a writ and action upon his case against
every procurer of such indictment or appeal, and like process shall be
upon and in the same writ, as in a writ of trespass done with force and
arms, and if such procurer be convicted in this behalf the plaintiff shall
recover his treble damages.
A 12a’ ﬁe z'z‘ fm'Z/zer emzez‘ed 12y Z/ze azet/zorz'z‘y ezferesezz'd, That if any per-
son or persons through malice, intending to grieve another, do procure
false appeals to be made of murder or other felony, when the party
appealed doth acquit himself, in any court having cognizance thereof,
in due manner, either at the suit of the appellor or at the suit of the
people of this State, the justices, before whom the appeal shall be heard
and determined, shall punish the appellor by ﬁne or imprisonment and
the appellor shall also restore to the party appealed, his or her damages
according to the discretion of the justices, having respect to the impris-
onment or arrestment that the party appealed hath sustained by reason
of such appeal, and to the infamy he or she hath incurred by the impris-
onment or otherwise. And if such appellor be not able to recompence
the damages, it shall be inquired by whose abetment or malice the appeal
was commenced, if the party appealed desire it, and if it be found by
the same inquest, that any person is abettor through malice, he shall be
distrained by a judicial writ at the suit of the party appealed to come
before the justices, and if he be lawfully convicted of such malicious
abetment, he shall be punished by ﬁne or imprisonment and restitution
of the damages as above is said, of the appellor.
CHAP. 18.] ELEVENTH SESSION.
631
And zv/zereas many persons having right and true title, as well to lands,
tenements and rents, as to recover in personal actions, be wrongfully
prevented or delayed of their right and action by means that the occu-
piers or defendants, in order to be maintained and sustained in their
wrong, do make gifts and conveyances of their lands and tenements,
which be in debate and of their goods and chattels to others : There-
fore
Be it fart/ler enaeted by Me ant/zority aforesaid, That all such gifts
and conveyances so made or to be made, by fraud or for maintenance.
shall be void and holden for none.
And be it fart/ler enaeted by t/ze antboritv (U‘oresaid, That no person
or persons shall from henceforth bargain, buy, sell or convey, or by any
ways or means, obtain, get or procure, any pretended rights or titles or
make or take any promise, grant or covenant to have any right or title
of any person or persons, in or to any manors, lands, tenements or
hereditaments, unless such person or persons, who shall so bargain, sell,
grant or convey, or covenant, or promise the same, or their ancestors
or those by whom he she or they claim the same, have been in the
possession of the same, or of the reversion or remainder thereof, or
taken the rents or proﬁts thereof, by the space of one whole year next
before the said bargain, sale, grant, conveyance, covenant or promise
made, upon pain that he or she who shall make any such bargain, sale,
grant, conveyance, covenant or promise, shall forfeit the whole value of
Convey-
ances of
disputed
lands de—
clared void.
Purchase
and sale of
pretended
titles.
the lands tenements or hereditaments so bargained, sold, granted, con- _
veyed, covenanted or promised contrary to the form of this act; and the
buyer or taker thereof, knowing the same, shall also forfeit the value of
the said lands, tenements or hereditaments so by him bought or taken
as aforesaid; the one half of the said forfeitures to be to the use of the
people of this State and the other half to the party that will sue for the
same, in any court of record, by action of debt, bill, plaint or informa-
tion; provided always, that it shall be lawful for any person or persons
being in lawful possession, by taking of the yearly farm, rents or proﬁts,
of or for any manors lands, tenements or hereditaments, to buy, obtain,
get or'have, by any reasonable ways or means, the pretended right or
title of any other person or persons, to, of, or in, such, manors, lands,
tenements or hereditaments, whereof he or they shall be so in lawful
possession.
And be it fart/ler enaeted by t/ze aat/zorizy aforesaid, That no person or
persons do hereafter unlawfully maintain or cause or procure any unlaw-
ful maintenance, in any matter or cause whatsoever now depending or
which hereafter shall depend in suit and variance, by any writ, action,
bill, complaint, information or indictment, in any-wise touching or con
cerning any lands tenements or hereditaments, or any goods, chattels,
debts, damages or offences, in any court in this State or before any
person or persons who have or hereafter shall have, authority, by com-
mission patent, writ or otherwise, to examine, hear or determine any
matter or witnesses concerning the same and that no person or persons
do hereafter unlawfully retain for maintenance of any suit or plea, any
person or persons or embrace any freeholders or jurors, by letters,
rewards, promises, or any other sinister labour, or means, to maintain
any matter or cause or to the hindrance or disturbance of justice, or to
the procurement or occasion of any false verdict in any of the courts
aforesaid, upon pain to forfeit, for every such offence one hundred
pounds; the one moiety thereof to the use of the people of this State
and the other moiety thereof to him who will sue for the same, by action
of debt, bill, plaint or information, in any court of record.
Unlawful
mainte-
nance, pen~
alty for.
632
LAWS or NEW YORK. LCHAP. 20.
Extortion
by public
ofﬁcer, pen-
alty for.
Forgery
and coun—
terfeiting
records,
Wills,
bonds,
notes, etc.
GHAP. 19.
AN ACT for the prevention and punishment of extortion.
PASSED the 7th of February, 1788.
Be it enacted by the Peo/n'e of the State of [View Yor/e represented in
Senate and Assembly and it is hereby enacted by the authority of the same,
That no judge, justice, sheriff or other ofﬁcer whatsoever, ministerial or
judicial, shall receive or take any fee or reward to do his ofﬁce, but
such as is or shall be allowed by the laws of this State; and if any doth,
he shall restore to the party grieved double damages. And further,
that if any judge, justice, sheriff or other ofﬁcer aforesaid hath received
or taken, or shall receive or take, by colour of his ofﬁce, any fee or
reward whatsoever, not allowed byv the laws of this State for doing his
ofﬁce, and be thereof convicted, either at the suit of the party grieved,
in any court of record, or at the suit of the people of this State, in the
supreme court, or before'justices of goal delivery, or before justices
assigned to hear and determine, or in any court of general sessions of
the peace, he shall be punished by ﬁne or imprisonment, or both, accord-
ing to the discretion of the court in which such conviction shall be had.
CHAP. 20.
AN ACT for preventing and punishing forgery and counterfeiting.
PASSED the 7th of February, 1788.
Be it enacted by the People of the State of New York, represented in
Sena” and A $567,151)’, and it is hereby enacted by the author/in) of the same,
That if any person shall falsely make, alter, forge or counterfeit, or
cause or procure to be falsely made, altered, forged, or counterfeited, or
willingly act or assist in the false ma1<_1r.1g> altenng’ ﬁorgmg or Counter—
feiting any record, charter, deed or writing sealed, will, testament, bond,
Writing-obligatory, bill of exchange, promisory note for payment of
money, indorsement or assignment of any bill of exchange, or promi-
gory note for payment of money, or any acquittance or receipt, either
for money or goods, or any acceptance of any billof exchange, or the
number or principal sum of any accountable receipt for any note, bill
or other security, for payment of 111011€Y,_0r any Warrant or Order for
payment of money or delivery of goods, with intention to defraud any
person, or body politick or corporate whatsoever, or shall utter or pub-
lish as true, any false, altered, forged or counterfeited, record, charter,
deed or writing sealed, will, testament, bond, writing—obligatory, bill of
exchange, promisory note for payment of money, indorsement or assign-
ment of any bill of exchange or promisory note for Payment of money’
acquittance or receipt, either for money ‘or goods, or any acceptance of
any bill of exchange or the number or ptincipal sum of any accountable
receipt, for any note, bin 01' other Secunty for the Paymsnt of money’
or any warrant or order for the payment of money or delivery of goods,
with intention to defraud any person or body politick or corporate what-
soever’ knowing the same to be false, altered, forged or_ counterfeited,
then every such person being thereof convicted according to the due
CHAP. 20.] ELEVENTH SESSION.
633
course of law, shall be deemed guilty of felony and shall suffer death as
a felon.
And be it’ furi/zer marred by z‘lze aui/zorizfy aforesaid, That if any person
shall counterfeit, or cause or procure to be counterfeited, or act or assist
in counterfeiting, any certiﬁcate or other public security, issued or to be
issued by the authority of the United States in Congress assembled, or
by the authority of the legislature of this State, for payment of money,
or acknowledging the receipt of money or goods, or any bill of credit
emitted or issued, or hereafter to be emitted or issued by or under the
authority of the United States in Congress assembled, or by or under
the authority of the legislature of this State, or by or under the author—
ity of the legislature of any other of the United States of America, or
shall alter any certiﬁcate issued or to be issued as aforesaid, or any bill
of credit, itted or issued or to be emitted or issued as aforesaid, so
that the same shall appear to be of greater value than the same was or
shall be issued or emitted for, or intended to pass for, by the law resolu—
tion or act in pursuance of which the same was or shall be issued or
emitted, or shall utter, pass or give in payment, or offer to pass or give
in payment, or procure to be uttered, passed or given in payment, any
such counterfeited or altered certiﬁcate or bill of credit, knowing the
same to be counterfeited or altered, then every such person being thereof
convicted, according to the due course of law, shall be deemed guilty of
felony, and shall suffer death as a felon. '
And zv/zereas it frequently happens that the persons who so alter cer-
tiﬁcates and bills of credit with respect to their denomination, do at the
same time alter the same, as to the numbering or indenting thereof, and
also in other respects, in so much that it is in some cases extremely
difﬁcult and in others impossible to discover, from the checks or other
memorandums remaining in the public ofﬁces, the sum for which the
certiﬁcate or bill of credit so altered, originally issued; Therefore,
Be ii‘ furz‘lzer enacted by Me auz‘lzorizy aforesaid, That in all cases
where any such certiﬁcate or bill of credit, shall be charged to have been
altered, and the same shall appear to have been altered, the same shall
be presumed to have been altered from a less to a greater value, sum or
denomination, and the burthen of proving that the certiﬁcate or bill of
credit, charged to have been altered, was not altered from a less to a
greater sum, shall lie on the defendant charged with altering the same.
And be iz‘fzirl/zer enacted by 'z‘lze azii/zorizy aforesaid, That if any person
shall counterfeit or cause or procure to be counterfeited, or act or assist
in counterfeiting, any of the species of gold or silver coins, now current
or hereafter to be current in this State, or shall pass or give in payment,
or offer to pass or give in payment, any such counterfeit, knowing the
same to be counterfeit, then every such person being thereof convicted,
according to the due course of law, shall be deemed guilty of felony,
and shall suffer death as a felon.
A 12d be iz‘fziri/zer enaeted by z‘lze aziz‘borizfy aforesaid, That all other acts
and clauses of acts heretofore made concerning forgery and counter-
feiting, or the punishment thereof shall be and hereby are repealed,
except as to offences heretofore committed...
pm
v1.1.1.
VOL. 2. —— 80
Id., public
securities,
certiﬁ-
cates, etc.
Altered
bills judged
to have
been raised
Counter-
feiting of
gold and
silver coins
LAWS OF NEW YORK. [CHAR 22,
False per-
sonation in
acknowl-
edgment
of deeds,
6L0.
Not ‘(.0
affect at-
torneys of
record.
Theft and
m uti lation
of records
deemed
felony.
Not to
affect
amend-
ments by
order of
court.‘
CHAP. 21.
AN ACT making it felony in such who shall levy any ﬁne, suffer
any recovery or acknowledge any deed, recognizance, bail or
judgment in the name of another not being privy and consent-
ing thereto.
PASSED the 7th of February, 1788.
Bez'z‘ e/zaez‘ed a» t/ze Peep/e 0f t/ze Stale 0f New Yer/e represented in
Senate and Assemaly and it is hereby e/zaez‘ed by Me aI/Z/éerz'z‘y 0f Z/ze same,
That all and every person and persons who shall acknowledge or pro—
cure to be acknowledged any ﬁne or ﬁnes, recovery or recoveries, deed
or deeds, recognizance or recognizances, bail or bails, judgment or
judgments, in the name or names of any other person or persons, not
privy or consenting to the same, and all and every person and persons
who shall, before any person or persons authorised to take bail or bails,
represent or personate any other person or persons, whereby the person
or persons so represented or personated, may be liable to the payment
of any sum or sums of money for debt or damages to be recovered in
the same suit, or action wherein the person or persons are represented
or personated, as if he or they had really acknowledged and entered
into the same bail or bails, being lawfully convicted or attainted thereof
shall be adjudged guilty of felony.
Praz'z'ded always and &e 2'! furl/lei" e/zaez‘ed Z51’ f/ze az/i/zarz'z‘)" aforesaid,
That this act shall not extend to any judgment or judgments acknowl-
edged by any attorney or attorneys of record for any other person or
persons, against whom any such judgment or judgments shall be had or
given.
CHAP. 22.
AN ACT to prevent stealing and avoiding records.
PASSED the 7th of February, 1788.
Be it elzaez‘ed Zgy Z/ze Peep/e of Me Sz‘az‘e 0f New- Yer/e, represented in
Senate and Asses/1&2)’, and 2'! is hereby e/zaeied by Z/ze aaZ/zerz'fy 0f Z/ze same,
That if any record or parcel of the same, writ, return, pannel, process
or other proceeding in the court of chancery, supreme court, exchequer,
or in any other court of record, or in the ofﬁce of the secretary of this
State, or in the ofﬁce of the clerk of any city or county in this State,
hath been or hereafter shall be stolen, or willingly taken away, with-
drawn, or avoided, by any clerk, or by any other person, by reason
whereof any judgment shall be reversed, then every such stealer, taker
away, withdrawer, or avoider, their procurers, counsellors, and abettors,
being convicted or attainted thereof, according to the due course of law,
shall be adjudged guilty of felony. Prevz'ded always,
And ﬁe z'z‘ fZH’f/wi’ eI-zaez‘ed ﬂy Z/ze aaZ/zofz'zj/ aforesaid, That this act
shall not extend to any amendment or entry made or to be made by
any rule, order, judgment, or decree of any court.
CHAP. 24.] ELEVENTH SESSION.
635
CHAP. 23.
AN ACT declaring it to be felony in servants to embezzle their
masters goods.
PASSED the 7th of February, 1788.
Be it enactea’ &y 2716 People of z‘ize Sizzle 0f New Yor/e represezzz‘ed 2'22
Selzaz‘e aim’ Assemﬁly, and 2'2‘ 2'5 ber/My gnarled [)y Z/ze azzZ/wrz'zj) 0f {/26 same,
That if any servant to whom any money, goods or chattels heretofore
have been, or hereafter shall be, by his or her master or mistress, deliv-
ered to be safely kept, hath withdrawn himself or herself from his or
her said master or mistress, and gone away, or hereafter shall withdraw
himself or herself from his or her said master or mistress, and go away
with the said money, goods or chattels, or any part thereof, to the intent
to steal the same, and defraud his or her said master or mistress thereof,
contrary to the trust and conﬁdence in him or her reposed, by his or
her said master or mistress; or being in the service of his or her said
master or mistress, without assent or commandment of his or her said
master or mistress, hath embezzled or shall embezzle the same money,
goods or chattels, or any part thereof, or otherwise hath converted or shall
convert the same to his or her own use, with like purpose to steal the same,
then and in every such case, if the said money, goods or chattels, that any
such servant hath gone away with or shall go away with, or which such
servant hath embezzled or shall embezzle, with purpose to steal the same
as aforesaid, be of the value of twenty shillings, or above, the same, false,
fraudulent and untrue act or demeanor, shall be adjudged felony. But
this act shall not extend to any apprentice, nor to any person within the
age of eighteen years, going away with the goods or chattels of his or
her master or mistress, or otherwise converting the same to his or her
own use during the time of his or her apprenticeship or being within
the age of eighteen years, and every apprentice, and every other person
under the age of eighteen years, doing or offending contrary to this act,
shall stand and be in like case as if this act had not been made.
CHAP. 24.
AN ACT to restrain all persons from marrying, until their former
Wives and former husbands be dead.
PASSED the 7th of February, 1788.
Be z'z‘ ezzarz‘ea’ Z2}! 2726 Peaple 0f #26 Stale 0f N 612/ Var/e represwzz‘ed 2'12 Sen-
az‘e and Assemﬁly and 2'! is izereby enactea’ lg) 2716 auZ/wrz'zj/ of 2716 same,
That if any person or persons being married, or who hereafter shall
marry do at any time marry any person or persons, the former hus-
band or wife, being alive, then every such offence shall be felony; and
the party and parties so offending, shall receive such and the like
proceedings, trial, judgment and execution in the county where such
person or persons shall be apprehended, as if the offence had been com-
mitted in the same county where such person or persons shall be taken
or apprehended; but neither this act nor any thing therein contained
shall extend to any peason or persons whose husband or wife shall be
Embezzle-
ment by
servant or
apprentice
deemed
felony.
To Whom
act not to
extend.
Bigamy
declared a.
felony.
636
LAWS OF NEW YORK. [CHAR 26.
Mayhem
deﬁned;
declared a
felony.
Breaking
of prison .
judgment
for.
continually remaining without the United States of America by the
space of ﬁve years together, or whose husband or wife shall have
absented him or herself the one from the other by the space of ﬁve
years together, the one of them not knowing the other to be living within
that time; nor to any person or persons who are or shall be, at the time
of such marriage, divorced by the sentence or decree of any court hav-
ing cognizance thereof; nor to any person or persons where the former
marriage hath been or shall be, by the sentence or decree of any such
court declared to be void and of no effect; nor to any person or per-
sons for or by reason of any former marriage, had or made, or to be
had or made within the age of consent.
CHAP. 25.
AN ACT to prevent malicious maiming, and wounding.
PASSED the 7th of February, 1788.
Be it enacted by the People of the State of New Yorh, represented in
Senate and A ssenzbly, and it is hereby enacted by the authority of the same,
That if any person or persons shall on purpose and of malice afore-
thought cut out the tongue or put out the eyes of any other person; or
if any person or persons shall on purpose and of malice aforethought,
and by lying in ,wait, unlawfully cut out or disable the tongue, put out
an eye, slit the nose or lip or cut off the nose or lip or cut off or disable
any limb or member of any other person, with intention in so doing to
murder, or kill, or to maiin, or disﬁgure, in any the manners aforesaid,
such other person, every such offence shall be deemed and adjudged
felony, and every person or persons so offending, and every person and
persons who shall aid, abet, assist, counsel, hire or command any person
or persons to commit any of the said offences, being thereof convicted,
or attainted, shall be and hereby are declared to be felons, and shall
suffer death for the same.
CHAP. 26.
AN ACT concerning prisoners breaking prison.
PASSED the 7th of February, 1788.
Be it enacted by the People of the State of New- Yor/e, represented in
Senate and Assembly and it is hereby enacted by the authority of the same,
That no person from henceforth who being imprisoned shall break
prison, shall have judgment of life or member for breaking of prison
only, except the cause for which such prisoner was taken and imprisoned
did require such judgment, if he had been convicted thereupon accord-
ing to the law and custom of this State.
CHAP. 2a] ELEVENTH SESSION. 637
CHAP. 27.
AN ACT to repeal an act entitled “An act to prevent the destruc-
tion of ﬁsh, in the county of Suffolk.
PASSED the 8th of February, 1788.
Be it e/zaei‘ed by ﬁle People of ﬁle Siaie of .ZVL’TU Yor/Iz represem‘ed in Act ridged
Se/zaz‘e and Assembly and ii‘ is lzereby e/zaez‘ed by the aal/zorizy of {be same, 16p ea 8 '
That the act entitled “An act to prevent the destruction of ﬁsh in the
county of Suffolk” passed the seventeenth day of April one thousand
seven hundred and eighty-six, be, and the same is hereby repealed.
CHAP. 2S. '
AN ACT requiring all persons holding offices or places under the
government of this State to take the oaths therein mentioned.
PAssED the 8th of February, 1788.
Be if ezzaeled by Me People of ﬁle Siai‘e of jVeru Yor/e, represented in Certain
Senate and Assembly, and it is lzereby e/zaez‘ed by l/ie azii/zorizj) of Me same, cars’ 0am
That every person who shall hereafter be elected a member of the sen- to be taken
ate of this State, and every person who shall hereafter be elected aby‘
member of the assembly of this State, before he takes his seat, and
every person who shall hereafter be elected governor or lieutenant gov-
ernor of this State, and every person who shall hereafter be appointed
a delegate to represent this State in the Congress of the United States,
and every person who shall hereafter be appointed to any ofﬁce, civil
or military, before he enters upon the execution of his trust, place or
ofﬁce, shall and hereby is required to take and subscribe the following
oath, that is to say, “ I do solemly without any mental reserva-
tion or equivocation whatsoever, swear and declare that I renounce and
abjure all allegiance and subjection to all and every foreign king, prince,
potentate and State, in all matters ecclesiastical as well as civil; and
that I will bear faith and true allegiance to the State of New York, as.
a free and independent State.”
A lid be iz‘farz‘lzer e/zaez‘ed by i/ie aai/zorizy aforesaid, That every person Perspn
who shall hereafter be elected governor or lieutenant governor of this igrlifgglgsgw
State and every president of the senate, who shall at any time adminis- ernment
ter the government of this State, shall also, before he enters upon the
execution of his trust, place or ofﬁce, take the, following oath of ofﬁce,
to wit, “ I elected governor, lieutenant governor, or president
of the senate (as the case may be) of the State of New York, do solemnly
swear and declare that I will in all things to the best of my knowledge
and ability, faithfully perform the trust reposed in me as governor, lieu-
tenant governor, or president of the senate (as the case may be) of the
State of New York, by executing the laws, and maintaining the peace,
‘freedom and independence of the said State, in conformity to the pow-
ers delegated unto me by the constitution of the said State.”
And be iz‘furz‘lzer enacted by tile aaz‘borily aforesaid, That the president Judicial
of the “court for the trial of impeachments and the correction of errors ” ofﬁcers‘
public otﬁ- ,
638
LAWS OF NEW YORK. [CHAR 28.
Secretary
of State.
Sheriffs,
coroners
and mar-
shals.
and every member of the said court and all judicial ofﬁcers in this State
hereafter to be elected or appointed, shall also, before they enter upon
the execution of their respective ofﬁces, severally take and subscribe
the following oath, to wit, “I do solemnly sweal and declare
that I will to the best of my knowledge and ability execute the ofﬁce of
(here describe the ofﬁce) according to the constitution and laws of the
State of New York in defence of the freedom and independence thereof
and for the maintenance of liberty and the distribution of justice among
the citizens and inhabitants of the said State, without any fear, favour,
partiality, affection or hope of reward.
IV. And Z2e if further eizaez‘ed oy Z/ze azei/iorii‘y aforesaid, That every
person who shall hereafter be appointed secretary of this State shall also
before he enters upon the execution of his ofﬁce, take and subscribe the
following oath, to wit, “ I secretary of the State of New York, do
solemnly swear and declare that I will in all things according to the best
of my knowledge and ability, justly and honestly keep the records, parch-
ments papers and instruments of writing, committed unto me, and which
shall be from time to time hereafter committed unto me by virtue of my
said ofﬁce and in all things to the best of my knowledge and understand-
ing faithfully and honestly perform the duty of my sa1d ofﬁce of secre-
tary and the trust reposed in me, without favour or partiality.
V. And be it fm'Z/zer enaez‘ed by Me auZ/zorizjv aforesaid, That every
person who shall hereafter be appointed sherif or coroner of the city
and county of New York or Albany, or of any other county in this State,
and the chief marshal of the city of Hudson, and all and every of their
deputies respectively, shall also before he they or any of them shall
enter upon the execution of the said ofﬁce, take the following oath, to
wit, “ I sherif, or coroner, or chief marshal or deputy marshal
or under sherif, or one of the deputies of the sherif (as the case may be)
of the city and county of New York or Albany, or Hudson, or of the
county of (as the case may be) do solemnly swear and declare
that I will well and truly serve the people of the State of New York in
the ofﬁce of sherif, or coroner, or chief marshal or deputy marshal or
under sherif or one of the deputies of the sherif (as the case maybe) of
the said county, or city and county, or city (as the case may be) during
my continuance therein, and will faithfully and truly execute or cause
to be executed (the words “ or cause to be executed,” to be omitted in
the oath to be administered to an under sherif or deputy sherif or deputy
marshal) all writs and precepts which shall be delivered to me, or come
to and remain in my hands for that purpose according to the best of my
knowledge, skill and judgment; and that I will not corruptly or unjustly
use or exercise the said ofﬁce during the time that I shall remain therein;
neither will I directly or indirectly accept, receive or take by any colour
means or device whatsoever, or consent to the taking any manner of fee
or reward whatsoever of or from any person or persons whomsoever, for
the summoning, impanneling or returning of any inquest jury or tales,
in any court for the people of this State, or between party and party,
other than such fees or reward as now are, or hereafter shall be allowed
by law for the same; and that I will not directly or indirectly exact or
demand any manner of fee or reward whatsoever from any person or
persons whomsoever for serving or returning of any writ precept or pro-
cess whatsoever, or for any other service whatsoever in my said ofﬁce,
other than such fees or reward as now are or hereafter shall be allowed
for the same by law; but that I will demean myself honestly and impar-
tially in all things that shall belong to the duty of my said ofﬁce, accord-
ing to the best of my knowledge, skill and ability.
CHAP. 29.] ELEVENTH SESSION.
639
, and subscribe the following oath, to wit, “I
Ami ﬁe z'z‘fzzrz‘lzer enaez‘e/z’ [1}/ ﬁre am‘lzorz'zj/ aforesaid, That every person
who shall hereafter be appointed register or clerk of any court, or clerk
of any city or county in this State, shall also, before he enters upon the
execution of his ofﬁce, take the following oath, to wit, “ I regis-
ter or clerk, or one of the clerks of the court of or clerk of the
county of or of the city and county of or of the city of
(as the case may be) do solemnly swear and declare that I will
justly and honestly keep the records parchments papers and writings
committed to me by virtue of my said ofﬁce and which shall be from
time to time hereafter committed unto me, and in all things to the best
of my knowledge and understanding, faithfully and honestly perform
the duty of my said ofﬁce, and the trust reposed in me, without favour
or partiality.
A 1211’ he z'z‘furz‘fzer erzaez‘ed .79’ Me azzl/zerz'zfy aforesaid, That all other min-
isterial officers hereafter to be appointed shall also before they respec—
tively enter upon the execution of their respective ofﬁces, severally take
appointed to the
ofﬁce of (here insert the ofﬁcers title of ofﬁce) do solemnly promise and
swear that I will in all things to the best of my knowledge and ability,
faithfully perform the trust reposed in me.
And be [1‘.furf/1er e/mez‘ed by t/ze azzl/zm'z'fy a rrresrzz'd, That the said
oaths shall be taken and subscribed before such person or persons as
shall be appointed by commission for that purpose under the great seal
of this'State in nature of a dedimus potestatem who shall take such sub-
scriptions on a roll or rolls to be provided for that purpose, containing
.a. proper caption or captions, with the said oaths written at length
thereon, and subscribed with the proper names and hand writing of the
several person and persons taking such respective oaths; which rolls
shall be disposed of as follows, to wit, those containing the oaths and
subscriptions of any governor, lieutenant governor president of the
senate, member of the senate or assembly, chancellor, judge of the
supreme court, judge of the court of admiralty, judge of the court of
probates, or any ofﬁcer of either of the said courts, or attorney general,
or secretary of this State, or military ofﬁcer whose ofﬁce shall extend
into more than one county, shall be deposited and kept in the ofﬁce of
the secretary of this State, and those containing the oaths and subscrip-
tions of the respective county ofﬁcers, both civil and military, shall be
deposited and kept in the ofﬁce of the clerk of the same county. Pro-
vided always
A110.’ [1e 2'! fm'Z/zer maze/ea.’ Zly f/ze (zz/f/zorz'éi' aforesaid, That this act
shall not extend to any county treasurer, supervisor, town clerk, com-
missioner of the highway, assessor, collector, constable, or other town
ofﬁcer.
CHAP. 29.
AN ACT to reoeal the act, entitled “An act for the relief of insol-
vent debtors.”
PASSED the 8th of February, 1788.
WHEREAs it has been found that the act entitled “An act for the
relief of insolvent debtors,” has been productive of much mischief, and
there is great reason to suppose that wicked men have in many instances
been guilty of the most fraudulent practices to obtain those beneﬁts
which the legislature intended only for the innocent and unfortunate.
Registers,
erks of
court and
county
clerks.
_Oi;her llll u
isterial
ofﬁcers.
Oaths. be-
ore whom
taken;
where ﬁled.
Ofﬁcers to
whom act
does not
extend.
Preamble.
640
LAWS OF NENV YORK. [CHAR 30.
Act refer-
red to
repealed.
Proceed-
ings under
not de-
elaretl
valid.
Preamble.
New emis—
sion of bills
of credit
provided
for.
Committee
designated
to direct
printing
of bills.
Be it therefore enacted by the People of the State of New Yorh, repre-
sented in Senate and Assembly, and it is hereby enacted by the authority
of the same, That the said act, and every clause, matter and thing therein
contained shall be, and the same is hereby repealed.
Brom'ded always, and be it further enacted by' the authority aforesaid,
That all discharges heretofore regularly and bona ﬁde had under the said
act, shall be as valid; and that in every case where an assignment has
been already made by virtue of the said act, the assignee or assignees
may proceed and act and the court or judge by whom the assignment
was directed, may proceed to the ﬁnal discharge of the said insolvent
debtor in all respects as if this act had not been passed; any thing
herein to the contrary thereof in any wise notwithstanding.
CHAP. 30.
AN ACT to take out of circulation the bills of credit emitted by
law and to emit others as a substitute.
PASSED the 8th of February, 1788.
WHEREAs by virtue of an act of the legislature of this State entitled
“ An act for emitting the sum of two hundred thousand pounds in bills
of credit for the purposes therein mentioned,” passed the eighteenth
day of April, one thousand seven hundred and eighty six, bills of credit
to the amount of two hundred thousand pounds were emitted: And
whereas counterfeits of the said bills have been made, and have been
passed as true bills, to the great injury of the good people of this State;
Therefore,
Be it enacted by the People of the State of New Yorh, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That bills of credit to the amount and of the several denominations of
the bills speciﬁed in the ﬁrst section of the act herein before recited,
and still remaining in circulation, be made forthwith after the passing
of this act; and that upon every of the said bills shall be impressed the
arms of the State of New York, and the words following, to wit “by a
law of the State of New York, this bill shall be received in all payments
into the treasury, for New-York, the day
of one thousand seven hundred and eighty eight; and also
the words “It is death to counterfeit this bill,” together with such other
words and devices as the treasurer of this State for the time being, and
Daniel McCormick, john De Peyster, Nicholas Hoffman and Hendrick
\Vyckoff or any three of them shall direct ; which bills when so impressed
shall be numbered by Daniel McCormick, Hendrick WVyckoff, john
De Peyster and Nicholas Hoffman or any of them, and signed .by any
two of them, and when signed shall by the persons hereby appointed
signers thereof, or any of them, be delivered unto the said treasurer,
who shall give duplicate receipts for the same, one of which shall be
delivered by the said signers, or any one of them, to the legislature of
this State whenever the same shall be required.
And be it further enacted by the authority aforesaid, That the said
treasurer, and the said Daniel McCormick, Hendrick Wyckoff, john
De Peyster and Nicholas Hoffman, or any three of them, shall and they
are hereby authorized to employ such and so many engravers as they
shall deem proper to engrave such and so many plates for the said bills,
9’
CHAP. 30.] ' ELEVENTH SESSION. 641
as they may judge necessary, and shall direct with what types the words
to be printed on the said bills shall be impressed thereon, and shall pro—
cure such paper for the said bills as in their judgment shall be best
adapted to the purpose, and shall employ such printer to print the said
bills as they may think proper; which printer shall perform the printing
under such inspection, and agreeably to such directions as they shall
from time to time give and order: A/zd fzzri/zer that they the said
Daniel McCormick, Hendrick \rVyckoff, John De Peyster and Nicholas
Hoffman and every person by them, or any of them employed in engrav-
ing the plates or printing the bills, or to inspect the printer whilst the
same bills are striking off, shall before they respectively enter on the
business assigned them, take and subscribe before one of the justices of
the supreme court, or the mayor or recorder of the city of New-York,
an oath well and truly to execute the trust reposed in them, by and in
pursuance of, this act. i
A no’ be ii‘ furi/zer enacted by i/ze azil/zorizy aforesaid, That if any more Evxcesspf '
of the said bills shall be printed than is directed by this act. then the Egfzfgt‘é‘sﬁ'
said Daniel McCormick, Hendrick VVyckoff, john De Peyster and 8w" to be
Nicholas Hoffman, or any two of them, as soon as the number of bills destroyed‘
of each denomination to be made as aforesaid, shall be signed and
delivered to the said treasurer, shall immediately, and in the presence
of the said treasurer, destroy such supernumerary bills, and the plates
by which the bills were struck off shall be melted down, or otherwise
destroyed, in the presence of the said treasurer, and of the said Daniel
McCormick, Hendrick Wyckoff, John De Peyster and Nicholas Hoff-
man or any two of them.
IV. A 12d be it further emailed by l/ze aui/zorizfy aforesaid, That as soon Treasurer
as the said treasurer shall have received from the said signers, to the KER:
amount of thirty thousand pounds of the said new bills, he shall cause gggjcsnof
advertisements to be published in two of the newspapers printed in the ofold bills.
city of New York, and in each of the public newspapers printed in the
other cities and counties within this State, requiring the holders of any
of the bills of credit emitted by virtue of the said recited act, to bring
the same into the treasury, and notifying that he will give in exchange
for the same, bills of credit of equal value emitted by virtue of this act.
V. Azzd be ii‘ fziri/zer enaeled by Me aailzoriz‘y aforesaid, That the bills
of credit to be emitted by virtue of this act, shall pass and be receivable
in all cases in like manner as the bills of credit emitted by the said
herein before recited act were thereby enacted to be recievable and
taken.
VI. And be it fziri/zer e/zaeied by i/ze aziz‘liorizy aforesaid, That- all the Destruc~
bills of credit which the said treasurer shall receive in exchange as afore- 35;}, ‘329*‘1
said, shall be by him from time to time destroyed in the manner directed Ceivrfd in
by the forty ninth section of the said recited act, in the presence of the em ange'
said Daniel McCormick, Hendrick \Vyckoff, john De Peyster and Nich~
olas Hoffman, or any two of them; but the said treasurer shall on the
ﬁrst Monday of November next ensuing the passing of this act, and
annually on the ﬁrst Monday of November in each year following, pre—
vious to the destroying of the said bills, deliver unto the persons hereby
nominated as signers of the bills to be emitted by virtue of this act, two
seperate accounts subscribed by himself, of the amount and denomina-
tion of the bills so by him to be at that time cancelled, which signers or
any three of them, after having examined the said bills, and having
found that the amount and denominations correspond with the said
accounts, and having seen the said bills destroyed, shall indorse and
subscribe a certiﬁcate on each of the said accounts, purporting that the
VOL. 2. — 81
LAWS OF NEW YORK. [CHAP. 30.
Bills re-
ceived by
loan ofﬁ-
cers to be
destroyed.
bills therein speciﬁed have been cancelled by the said treasurer, one of
which accounts so certiﬁed and subscribed shall be delivered to the said
treasurer, and the other retained by the said signers, or one of them, to
be delivered to the legislature, whenever required.
A/zd w/iereas it may so happen that persons possessed of bills of credit
emitted by virtue of the said recited act, and who may have borrowed
the said bills at any .oan ofﬁce established by the said act, may ﬁnd it
most convenient to pay the same bills into such loan ofﬁce, for principal
or interest, or for both, of the money so borrowed ; therefore,
VII. Be zi fur/ber e/zae/ed by i/ze azii/zoriiy aforesaid, That all such
of the bills emitted by virtue of the said recited act, as shall be so paid
into any loan ofﬁce, and by any loan officer into the treasury of this
State, shall be cancelled. accounted for, and disposed of in the manner
directed in the last preceding section of this act. Proz/ided aize'ays that
none of the bills emitted by virtue of the said recited act, shall be
received by any loan ofﬁcer, after the ninth day of july next, but that
thenceforth all such bills shall be exchanged at the treasury until the
third Tuesday of june, in the year one thousand seven hundred and
eighty nine, after which period they shall not be so exchanged nor taken
in any payments whatsoever.
A/zd zc'bereas doubts have arisen whether any of the bills of credit or
4 other monies which may be paid into the loan ofﬁces by the borrowers
Reloaning
of moneys
paid in
prior to
June, 1790.
Moneys to
be can-
celledif not
reloaned.
Gold or
silver re-
ceived for
of such bills, as in part of the principal loaned, were to be paid into the
treasury and there destroyed, if such payment was in bills, or detained
if in gold or silver for the redemption of the bills in circulation; there-
fore to remove such doubs,
Be ii farf/zer elzaez‘ed by the az/i/zorizfy aforesaid, That any part of any
principal borrowed by any person whosoever which shall have been
paid, or have come into any loan ofﬁce or which shall hereafter, and on
or before the third Tuesday in june, which will be in the year of our
Lord one thousand seven hundred and ninety, or within twenty two
days thereafter, be paid or come into any loan ofﬁce, shall and may be
reloaned by the respective loan ofﬁcers, on the terms and conditions
directed in the said recited act; any thing in the said act, or this act, to
the contrary notwithstanding.
A 12d be ii‘ farf/zer e/zaez‘ed by i/ze aui‘borily aforesaid, That all monies
which shall hereafter, and on or before the third Tuesday of june, which
will be in the year of our Lord one thousand seven hundred and ninety,
or within twenty two days thereafter be paid into any loan ofﬁce for inter-
est, and all monies which shall from and after the said third Tuesday in
June last mentioned, or within twenty two days thereafter be paid intovany
loan ofﬁce in discharge either of principal or interest, shall by the loan
ofﬁcers respectively be paid into the treasury of this State, and so much
of such monies as shall be so paid into the treasury in bills of credit,
shall by the treasurer be cancelled, accounted for, and disposed of in
the manner directed by the sixth section of this act; any thing in the
said recited act, or in this act. to the contrary thereof notwithstanding.
But if such monies or any part thereof shall be paid in gold or silver,
the same shall be disposed of in the manner herein after directed.
A/zd-m/zereas provision was made in and by the said recited act for
the redemption of the bills of credit emitted by virtue thereof, so as that
the whole of the said bills should be redeemed in the year one thousand
eight hundred; in order therefore more effectually to accelerate the
said redemption,
Be ii‘ fari/zer enaeted by tile azez‘lzorizy aforesaid, That whenever any
gold or silvershall be paid into the treasury of this State for principal or
.CHAP. 31.] ELEVENTH SESSION. 64.3
interest of any of the bills of credit which have been or may be loaned, the loans to b;
exchange
treasurer shall, and he is hereby required from time to time to exchange for bills»
such gold or silver for such bills at the value expressed on such bills;
and the bills so recieved in exchange shall be cancelled, accounted for,
and disposed of, .in the manner directed by the sixth section of this act.
A 12d oe ii‘ fart/ler eiiaez‘ed éy i/ze aiit/zorizj/ aforesaid, That if the treas- Bills to be
urer shall not by means of such exchange as aforesaid, have redeemed gyijleaggiifl
the whole of the said bills of credit on or before the ﬁrst Monday of berlil, 1500-
November, in the year one thousand eight hundred, he shall, by adver-
tisements to be published in three of the news papers printed in this
State, require all persons having any of the said bills of credit in posses-
sion, to come and exchange the said bills for gold or silver, on or before
the last day of December then next ensuing; and if any of such bills
shall remain in circulation after the said last day of December, they shall
not be so exchanged, but shall nevertheless be recieved in all payments
into the treasury of this State.
And ﬁe ii‘ farZ/zer eizaez‘ed oy i/ze authority aforesaid, That the treas- Expense of
urer shall pay the expences which shall accrue for engraving the plates, {fisﬂEi
procuring the paper, printing the bills, and inspecting the printer, and gzﬁégiiégd.
all other incidental expences which may arise in or about the execution
of this act; and also to each of the persons authorized to sign the bills
to be emitted by virtue of this act, at the rate of two shillings for every
hundred of the said bills which they shall respectively sign, and at the
rate of one shilling and six pence for every hundred of the said bills
which they shall respectively number; the accounts of the said expences
and charges being ﬁrst audited by the auditor of this State, for the
time being.
A/zd oe ii‘ fziri/zer enaez‘ed a)’ Z/ze azii/lzority aforesaid, That if at any Mortsﬂsors
time before a sale by the loan ofﬁcers the respective mortgagors their finegge'
heirs or assigns shall pay to the loan ofﬁcers the whole of the monies by garnndisﬁﬁe
reason of the neglect to bring in and pay which such sale shall have been befyore sale
advertised, together with the expences of advertising, the loan ofﬁcers gijilcfgarg
shall not proceed to a sale; and the several mortgagers and their respect-
ive heirs and assigns shall, on such payment be, with respect to the
equity of redemption, and their estate and right of in and to the mort—
gaged premises, restored to and be in the same condition as if there had
not been a neglect to bring in and pay the said monies, any thing in the
herein recited act to the contrary notwithstanding.
CHAP. 31.
AN ACT for apprehending and punishing disorderly persons.
' PASSED the 9th of February, 1788.
Be ii‘ e/zaei‘ed 1)) Me People of the Shire of r/Vew Yor/e reprerelzied i/z Disorderly
Se/zaie and Assembly and if is Izereliy enacted by [/ze aai/zoriiy of the same. That all persons who threaten to run away and leave their wives or chil- sidered as;
dren to the city or town, and all persons who shall unlawfully return to 1,1335%},
the city or town, from whence they shall respectively have been legally
removed by order of two justices of the peace, without bringing a certifi-
cate from the city or town whereto they respectively belong; and also
all persons, who not having wherewith to maintain themselves, live idle
644
LAWS OF NEW YORK. [CHAR 31:.
Commit-
ment, and
discharge
of oﬂ’end-
ers.
General
sessions,
punish—
ment of
person
adjudged
disorderly
by.
Id.
without employment, and also all persons who go about from door to
door or place themselves in the streets, highways or passages, to beg in
the cities or towns where they respectively dwell, and all juglers, and
all persons pretending to have skill in physiognomy, palmestry or like
crafty science or pretending to tell fortunes, or to discover where lost
goods may be found; and all persons who run away and leave their
wives or children, whereb‘r they respectively become chargeable to any
city or town; and all persons wandering abroad and lodging in taverns,
beer houses, out houses, market places or barns, or in the open air, and
not giving a good account of themselves, and all persons wandering
abroad and begging, and all idle persons not having visible means of
livelihood and all common prostitutes, shall be deemed and adjudged
disorderly persons; and it shall and may be lawful for any justice of
the peace to commit such disorderly persons (being thereof convicted
before him, by his own view or by the confession of such offenders
respectively, or by the oath of one or more credible witness or wit-
nesses) to the bridewell or house of correction of such city or town,
there to be kept at hard labour for any time not exceeding sixty days
or until the next general sessions of the peace to be holden in and for
the city or county in which such offence shall happen.
And w/zereas doubts have arisen and hereafter may arise, where au-
thority is given to any justice or justices of the peace to commit offend-
ers to the bridewell or house of correction for offences cognizable before
them out of the general sessions of the peace, how long offenders may
be there detained and in what matter treated, where the time and man-
ner of their punishment is not by law expressly directed, limited or
appointed; therefore
Be 2'! fart/z” e/zaez’ea’ [2y z‘lze aaZ/zorz'z‘y aforesaz'a’, That where any
offenders shall be committed as aforesaid, by virtue of any law now in
being or hereafter to be made, other than in cases of petit larceny, and
the time and manner of their punishment is not expressly limited,
directed and appointed, the said justice or justices shall commit such
offender to the bridewell or house of correction, there to be kept to
hard labour until the next general sessions of the peace or until dis-
charged by a due course of law; and it shall and may be lawful for two
justices (of whom the justice who committed such offender to be one)
to discharge such offender before the said general sessions of the peace,
if they shall see cause; and if he or she shall not be so discharged, the
said general sessions of the peace may either discharge him or her or
continue him or her in custody for such time as they shall see ﬁt, not
exceeding six months.
And be it fzn'f/zer e/zaez‘ea’ oy Z/ze aat/zorz'zfy aforesaz'a’, That where any
offender against this act shall be committed, as aforesaid, to the bride-
well or house of correction, there to remain until the next general ses-
sions of the peace, and the justices at such sessions, shall, on examina-
tion of the circumstances of the case, adjudge such person to be a
disorderly person within the intent and meaning of this act, they may,
if they think convenient, order such disorderly person to be detained
and kept in the said bridewell or house of correction to hard labour,
for any further time not exceeding six months; and during the time of
such conﬁnement, to be corrected by whipping in such manner and at
such times and places, as, according to the nature of such persons
offence, they in their discretion shall think ﬁt.
Ana’ be it further enaez‘ea’ by Me authority aforesaz'a’, That where any
person offending against this act shall have been committed as aforesaid,
to the bridewell or house of correction, there to remain until the next
CHAP. 31.] ELEVENTH SESSION.
645
general sessions of the peace, if upon the examination of the person so
committed as aforesaid. the last legal place of settlement of such person
cannot be found, the justice shall, at the said general sessions, order
such persons so to be detained and employed in the bridewell or house
of correction until they can provide for themselves or until the justices
of the peace at their next general sessions of the peace can place them
out in some lawful calling, as Servants, apprentices, mariners or other-
wise; which the said general sessions of the peace are hereby impowered
to do, in such manner as they shall think ﬁt.
And be iz‘ fari/zer enaez‘ed by Me azrf/zorizjv aforesaid, That the sev- Jails to be
deemed
houses of
bridewell or house of correction is or shall be built, shall be used and Correction-
eral goals in the respective cities and counties in this State, in which no
considered as houses of correction, for all or any of the purposes, in. and
by this act directed. with respect to houses of correction and the gov-
ernment thereof. until there shall be such house or houses of correction
built as aforesaid; and the keepers of the respective goals, for the time
being, or such persons as they respectivelv shall appoint, shall be mas-
ters or keepers of such goals as houses of correction as aforesaid and
shall have the same authority and be under the same regulations. as in
this act are before given and provided respecting houses of correction;
and all and every person and persons ordered to be sent to a house of
correction according to this act, shall be sent to and received in such
goals respectively and there be kept. taken care of and governed accord-
ing to the directions of this act, until such house or houses of correc-
tion shall be provided as aforesaid. '
And v/I/zereas there are sometimes persons, who by lunacy or other-
wise are furiously mad, or are so far disordered in their senses that they
may be dangerous to be permitted to go abroad; therefore
Be ii‘ farf/zer erzaeled by l/ze aai/zorify aforesaid, That it shall and may
be lawful for any two or more justices of the peace, where such luna-
tick or mad person shall be found, by warrant under their hands and
seals, directed to the constables and overseers of the poor of the city or
town or some of them, to cause such person to be apprehended and
kept safely locked up in some secure place within such city, or within
the county in which such town shall lie, as such justices shall, under
their hands and seals‘, direct and appoint; and (if such justices shall
ﬁnd it necessary) to be there chained, if the last legal place of settle-
ment shall be in such city or in any town within such county: And if
the last legal place of settlement of such person shall not be in such
city or county, then such person shall be sent to the place of his or her
Insane per
sons, pro~
visions for
the safe
keeping of.
last settlement in the manner directed in and by the laws relating to ‘
the poor and shall be locked up or chained, by warrant from two jus-
tices of the city or county to which such person shall be so sent in
manner aforesaid. And the reasonable charges of apprehending, main-
taining, keeping and removing such person shall be satisﬁed and paid by
the overseers of the poor of the city or town in which such person shall
be legally settled as aforesaid, in the manner in and by the said laws
directed. Provided always, that this act or any thing therein contained,
shall not extend or be construed to extend to restrain or abridge the
power or authority of the chancellor of this State for the time being,
touching of concerning such lunaticks or to restrain or prevent any
friend or relation or such lunatick from taking them under their own
care and and protection.
And whereas it often happens that disorderly persons wander from
the places of their legal settlement and are in circumstances sufﬁcient
to pay for their passage or journey home; therefore
1
646
LAWS OF NEW YORK. [CHAR 32.
Disorderly
person
ordered re-
moved to
be searched
Misprision
of clerk
not to-
affect
validity of
record.
Court may
direct
am end-
ment of
records,
etc.
Be itfurther enaeted by t/ze aat/zorizy aforesaid, That it shall be lawful
for any justice or justices of the peace, before whom any such disorderly
person shall be brought, to order such disorderly person to be searched
and his or her bundle to be inspected, by a constable or overseer of the
poor of such city or town, 'in the presence of such justice; and if it shall
appear that any such disorderly person hath sufﬁcient wherewithal to
pay his or her passage or journey, either in the whole or in part, to the
city or town to which he or she shall belong, then the said justice or
justices shall order so much of the money so found to be paid, or other
effects found with and upon such disorderly person, to be sold and
employed, for and towards the expence of taking up and passing such
disorderly person to his or her last legal place of settlement; returning
the overplus (if any there be) after deducting the charges of such sale,
to such disorderly person.
CHAP. 32.
AN ACT concerning amendments and jeofails.
PASSED the 20th of February, 1788.
Be it eﬂaeted by t/ze People of tbe State of New York' represented in
Senate and Assembly and it is bereby enaeted by t/ze aut/zority of tbe same,
That by the misprision of a clerk in any place wheresoever it be, no record
or process shall be annuled or discontinued, by mistaking, in writing one
syllable, or one letter, too much or too little: But as soon as the thing
is preceived by challenge of the party or in other manner, it shall be
immediately amended in due form without giving advantage to the party
that challengeth the same because of such misprision. And the justices
or judges before whom such plea or record is made or shall be depend-
ing, as well by adjournment, as by way of error, or otherwise, shall have
power and authority to amend such record and process, as well after
judgment as before judgment given, in any such plea, record or process,
as long as the same record and process is before them. And fart/ler,
that the judges and justices of the courts and places in which any record,
process, declaration, count, plea, warrant of attorney, writ, pannel or
return, is or may be, while the same remains before them, shall have
power to examine such records, declarations, counts, pleas, warrants of
attorney, writs, pannels and returns by them and their clerks and to
reform and amend (in afﬁrmance of the judgments of such records and
process) all that which to them, in their discretion shall seem to be
misprision of the clerks in such record, process, declaration, count, plea,
warrant of attorney, writ, pannel or return, so that by such misprision
of the clerk no judgment shall be reversed nor annulled. And if any
record, process, declaration, count, plea, warrant of attorney, writ, pannel
or return be certiﬁed defective, otherwise than according to the writing
which thereof remaineth in the ofﬁces, court, or places from whence they
be certiﬁed, the parties, in afﬁrmance of the judgments of such records
and process, shall have advantage to alledge that the same writing is
variant from the said certiﬁcate, and that being found and certiﬁed, the
same variance shall be, by the said judges or justices, reformed and
amended according to the ﬁrst writing. And moreover, that the judges
and justices, before whom any misprision or default is or shall be found
in any record or process, which now is or hereafter shall be depending
,bef ore them or any of them, as well by way of error as otherwise, or in
CHAP. 32.] ELEVENTH SESSION.
(347
the returns oi the same, made or to be made by sherifs, coroners, or any
other, by misprision of the clerks of any of the‘said courts, or by mis-
prision of the sherifs, under sherifs, coroners, or their clerks, or other
ofﬁcers, clerks, or other ministers whatsoever, in writing one letter or
one syllable too much or too little, shall have power to amend such
defaults and misprisions, according to their discretion and by examina-
tion thereof by the said judges and justices to be taken, where‘they shall
think needful. And also that all such amendments may be made as well
after a judgment given upon verdict, confession, nihil dicit, or non sum
informatus, as upon matter of law pleaded.
And be it fziri/zer enaez‘ed by ﬁre azii/zoriz‘y aforesaid, That for error
assigned or to be assigned in any record, process, warrant of attorney,
writ original or judicial, pannel or return, for that in any places of the
same there be I‘ELSLTPSS or interlincations, or that there be any addition,
subtraction or diminution of words, letters, or titles or parcel of letters,
found in any such record, process, warrant of attorney, writ, pannel or
return, no judgment or record shall be reversed or annulled.
And be ii‘ fari/zer eizaeied by ﬁre azii/zoriz‘y aforesaid, That the record
and process of pleas real and personal and of assises and certiﬁcations
whereofjudgment is given and inrolled or things touching such plea
shall in no wise be amended norimpaired by new entering of the clerks,
either by the record, or things certiﬁed, in no term after that such judg-
ment in such pleas is given and inrolled.
And be it fart/ler elzaei‘ed by i/ze aai/zorizfy aforesaid, That all pleas
which shall be pleaded in any courts whatsoever in this State, shall he
pleaded, shewed, defended, answered, debated, judged, entered, and
inrolled in the English tongue. And that all writs, process, and returns
thereof, and all proceedings thereon, and all pleadings, rules, orders,
indictments, informations, inquisitions, presentments, verdicts, prohi-
bitions, certiﬁcates and all patents, charters, pardons, commissions,
records, judgments, recognizances, bonds, rolls, entries, ﬁnes and recov—
eries and all proceedings relating thereunto, and all proceedings what-
soever in any courts of justice in this State, shall be in the English
tongue and language only, and shall be written or printed in a good
strong legible hand and character and in words at length and not abbre-
viated, except such abreviations as are now commonly used in the
English language: But it shall and may be lawful to express numbers
by ﬁgures, in like manner as hath been heretofore, or is now, commonly
used in the said courts respectively and to express the proper and known
names of writs or other process or technical words in the same language
as hath been commonly used, so as the same be written or printed in a
common legible hand or character.
And be it fart/ler ezzaeied by the authority aforesaid, That no person
shall be prejudiced by the antient terms and forms of pleaders, so that
the matter of the action be fully shewed in the writ, declaration and
pleadings.
A no’ be it fari/zer eizaei‘ed by i/ze aziZ/zoriz‘y aforesaid, That if any issue
hath been or hereafter shall be tried by the oath of twelve men or more,
for the party plaintiff or demandant, or for the party tenant or defendant,
bailiff in assise, vouchee, prayee in aid, or tenant by receit, in any man-
ner of action, suit, bill, plaint, or demand in any court of record, then
thejudges or justices, by whom judgment thereof ought to be given,
shall proceed and give judgment in the same, any mispleading, lack of
colour, insufﬁcient pleading, or jeofail; any miscontinuance or discon-
tinuance, or misconceiving of process, misjoining of the issue, lack of
warrant of attorney of the party against whom the issue shall happen to
Judgment
no to be
annulled
for correc-
tions in
record.
Pleas to be
entered in
English
language.
Use of
ancient
terms not
to work
prejudice.
Judgment
to be en-
tered after
verdict,
notwi th -
standing:
default by
person
against
whom
verdict
rendered.
LAWS OF NEW YORK. [CHAR 32.
Id.. not-
withstand-
ing default,
in form in
any Writ.
Id.
be tried; or any other default or negligence of any of the parties or of
their counsellors, or attornies, had or made, to the contrary notwith-
standing: And thejudgments thereof so to be had, and given, shall
stand in full strength and force to all intents and purposes, according
to the said verdict, without any reversal or undoing of the same by writ
of error or otherwise, in like form as though no such default or negli-
gence had ever been had or committed. Ana’ fart/lei", that if any
verdict of twelve men or more hath been or'shall be given in any action,
suit, bill, plaint, or demand in any court of record, the judgment there-
upon shall not he stayed or reversed, by reason of any default in form,
or lack of form, touching variance from the register, or other defaults in
form, in any writ original, or judicial, count, declaration, plaint, bill, suit
or demand; or for want of any writ original or judicial; or by reason of
any imperfect or insufﬁcient return of any sheriff or other ofﬁcer; or
for want of any warrant of attorney or by reason of any manner of
default in process, upon or after any aid prayer, or wvoucher; nor shall
any such record or judgment, after verdict, be reversed for any of the
defects or causes aforesaid. Ana’ moreover, that if any verdict of twelve
men or more hath been or hereafter shall be given for the plaintiff or
demandant or for the defendant or tenant, bailiff in assize, vouchee,
prayee in aid, or tenant by receit, in any action, suit, bill, plaint or
demand in any court of record, the judgment thereupon shall not he
stayed or reversed, by reason of any variance in form only between the
original writ, or bill, and the declaration, plaint, or demand; or for lack
of any averment of any life or lives of any person or persons, so as upon
examination, the said person be proved to be in life; or by reason that
the venire facias, habeas corpora, or distringas, is awarded to a wrong
ofﬁcer upon any insufﬁcient suggestion; or by reason that any of the
jury, which tried the said issue, is misnamed, either in the christian
name, sir name, or addition, in any of the said writs, or in any return
upon any of the said writs, so as upon examination it be proved to be
the same man who was meant to be returned; or by reason that there
is no return upon any of the said writs, so as a pannel of the names of
the jurors be returned and annexed to the said writ or writs; or for that
the sheriffs name, or other ofﬁcers name, having the return thereof, is
not set to the return of any such writ, so as upon examination it be
proved that the said writ was returned by the sheriff or under sheriff, or
any such other ofﬁcer; or by reason that the plaintiff in any action of
ejectment or in any personal action or suit (being an infant under the
age of twenty one years) did appear by attorney therein and the verdict
pass for him or her, and also that if any verdict of twelve men or more
hath been or shall be given in any action, suit, bill, plaint, or demand in
any court of record, the judgment thereupon shall not he stayed or
reversed for default in form or lack of form; or by reason that there are
no pledges, or but one pledge to prosecute returned upon the original
writ; or because the name of the sheriff is not returned upon such origi-
nal writ; or for default of entering pledges upon any bill or declaration;
or for default of alledging the bringing into court any bond, bill, inden-
ture, or other deed whatsoever, mentioned in the declaration or other
pleading; or for default of alledging the bringing into court letters tes-
tamentary or letters of administration; or by reason of the omission ,of
the words “ with force and arms” or “ against the peace : ” or for, or by
reason of the mistaking of the christian name, or sir name of the plain-
tiff or defendant, demandant or tenant, sum, or sums of money, day,
month, or year, by the clerk, in any bill, declaration, or pleading, where
the right name, sir name, sum, day, month, or year in any writ, plaint,
CHAP. 32.] ELEVENTH SESSION.
649
roll, or record preceding, or in the same roll, or record, where the mis-
take is committed, is or are once truly and rightly alledged and to which
the party might have demurred and shewn the same for cause; nor for
want of the averment or words “ and this he is ready to verify,” or “ and
this he is ready to verify by the record,” or for not alledging “ as appears
by the record,” or for that there is no right venue, so as the cause was
tried by a jury of the proper county or place where the action is laid;
nor shall any judgment after the verdict be reversed for want of entr-
ing that the person against whom such judgment is given “ be in mercy”
or, be taken,” or by reason that the words “ be taken ” are entered for
“ be in mercy,” or the words “ be in mercy,” are entered for “ be taken,”
nor for that in the judgment the words “ it is granted” are entered for
“it is considered” nor for that the increase of costs after a verdict in
any action, or upon a nonsuit in replevin, are n be at the
request of the party to whom the judgment is given; nor by reason that
the costs in any judgment whatsoever are not entered to be by the con-
sent of the plaintiff; but that all such omissions, variances, defects, and
all other matters of like nature not being against the right of the matter of
the suit, nor whereby the issue or trial are altered, shall be amended by
the justices or other judges of the courts where such judgments are or shall
be given or whereunto the record is or shall be removed by writ of error.
Aim’ ﬁe z'z‘ flﬂ'f/lé’l' elzarz‘m’ &y [/16 az/f/wrz'z‘y aforesaid, That where any
demurrer hath been or shall be joined and entered in any action or suit
in any court of record in this State, the judges or justices shall proceed
and give judgment according as the very right of the cause and matter
in law shall appear unto them, without regarding any imperfection,
omission, defect or want of form, in any writ, return, plaint, declaration,
or other pleading, process, or course of proceeding whatsoever, except
those only which the party demurring shall specially and particularly set
down and express, together with his demurrer as causes of the same,
notwithstanding that such imperfection, omission or defect might have
heretofore been taken to be matter of substance, so as sufﬁcient matter
appear in the pleadings upon which the court may give judgment accord—
ing to the very right of the cause, and therefore no advantage or excep-
tion shall be taken of or for an immaterial traverse; or of or for the
default of entring pledges upon any bill or declaration; or of or for the
default of alledging the bringing into court any bond, bill, indenture, or
other deed whatsoever mentioned in the declaration or other pleading;
or of or for the default of alledging the bringing into court letters testa-
mentary, or letters of administration, or of or for the omission of the
words “with force and arms” or “ against the peace ” or either of them;
or of or for want of the averment or words “and this he is ready to
verify ” or “and this he is ready to verify by the record; ” or of or for
not alledging “ as appears by the record; ” but the court shall give judg-
ment according to the very right of the cause as aforesaid, without
regarding any such imperfections, omissions or defects, or any other
matter of like nature, except the same shall be specially and particularly
set down and shewn for cause of demurrer, and that no judgment shall
be reversed by any writ of error for any such imperfection, omission,
defect or want of form as is aforesaid, except such only as are before
excepted. Ana’ furt/zer, that after demurrers joined the court where
the same are or shall be depending shall and may by virtue of this act,
from time to time, amend all and every such imperfections, omissions,
defects and want of form as are berore mentioned, other than those only
which the party demurring shall specially and particularly express and
ot entereo to
set down together with his demurrer as aforesaid.
_ VOL. 2. -— 32
Demurrer.
trial of;
only
defects
pleaded to
be consid—
ered.
650
LAWS OF NEW YORK. [CHAR 33.
Act to ex-
tend to
judgment
by confes-
sion.
Writs of
error to be
amended
to conform
to record.
Judgment
not stayed
by defect
in writ
original.
To what
actions act
to extend.
Act not to
extend to
criminal
cases.
Promissory
notes to be
negotiable.
And be it furt/zer e/zaeted by tile aat/zority aforesaid, That every thing
herein before contained shall extend to all judgments which have been
or shall be entered upon confession, nihil dicit or non sum informatus
in any court of record; and no such judgment shall be reversed nor any
judgment upon any writ of inquiry of damages executed thereon, be
stayed or reversed, for or by reason of any imperfection, omission, defect,
matter or thing whatsoever, which would have been aided and cured by
this act, in case averdict of twelve men had been given in the said
action or suit, so as there be an original writ or bill duly ﬁled according
to law.
A 71d be it fart/ter enaeted by Me aut/zorizfy aforesaid, That all writs of
error wherein there shall be any variance from the original record or
other defect, may and shall be amended and made agreeable to such
record by the respective courts where such writ or writs of error are or
shall be made returnable. And that where any verdict hath been or
shall be given in any action, suit, bill, plaint, or demand in any court of
record, the judgment thereupon shall not be stayed or reversed, for any
defect or fault, either in form or substance, in any bill, writ original or
judicial, or for any variance in such writs from the declaration or other
proceedings.
And be itfartber eizaeted by t/ze ,azet/zority aforesaid, That this act shall
extend to all suits in any court of record for recovery of any debt due
to the people of this State, or for any debt duty or revenue belonging
to them. And also to all writs of mandamus and informations in the
nature of a quo warranto, and to the proceedings thereon. Proz'ided
always
And be it fart/ter eizaeted by t/ze aut/zorizy aforesaid, That this act or
any thing therein contained shall not extend, to any writ, declaration or
suit of appeal of felony or murder; nor to any indictment or present-
ment of felony, murder, treason, or other matter, nor to any process
upon any of them; nor to any writ, bill, action, or information, upon
any popular or penal statute; nor to any outlawry or any process there-
upon or in order thereunto.
CHAP. 33.
AN ACT for giving relief on promissory notes.
PASSED the 20th of February, 1788.
Be it enaeted by Me People of tbe State 0 New York represented in
Senate and Assembly, and it is bereby enaete by the aat/zority of tbe same,
That all notes in writing already made or hereafter to be made, and
signed by any person or persons, or by the factor or agent of any mer-
chant or trader who is usually intrusted by him her or them to sign such
promissory note for him her or them whereby such person or persons,
his her or their factor or agent as aforesaid, doth or shall promise to,[
pay, to any other person or persons, body politic or ‘corporate, his her
or their order, or unto bearer, any sum of money, mentioned in such note
shall be taken and construed to be by virtue thereof due and payable
to any such person or persons, body politic or corporate, to whom the
same is or shall be made payable; and also every such note payable to
any person or persons, body politic or corporate his her or their order,
shall be assignable or indorseable over, to any other person or persons,
body politic or corporate; and that the person or persons, body politic
CHAP. 34.] ELEVENTH SESSION. 651
or corporate, to whom such sum of money is or shall be by such note
made payable, shall and may maintain an action for, and recover the
money made payable by such note, against the person or persons, who,
or whose factor or agent as aforesaid, signed the same; and that any
person or persons, body politic or corporate, to whom such note that is
payable to any person or persons body politic or corporate, his, her or
their order, is or shall be indorsed or assigned, or the money therein
mentioned ordered to be paid by indorsement thereon, shall and may
maintain his her or their action for such sum of money. either against
the person or persons, who, or whose factor or agent as aforesaid, signed
such note, or against any of the persons who indorsed the same; and in
every such action the plaintif or plaintifs shall recover his her or their
damages, and costs of suit; and if such plaintif or plaintifs shall be non-
suited, or a verdict be given against him her or them the defendant or
defendants shall recover his her or their costs against the plaintif or
plaintifs; and every such plaintif or plaintifs, or defendant or defend-
ants respectively recovering, may sue out execution for such damages
and costs, by capias ad satisfaciendum or ﬁeri facias, as is usual in other
cases.
CHAP. 34.
AN ACT for preventing any inconveniences that may happen by
privilege.
PASSED the 20th of February, 1788.
Be ii’ e/zaez‘ed by Z/ze People of [be Slate of New York represented in Actions
Serzaz‘e and Assembly, and ii‘ is hereby e/iaez‘ed by i/ze azii/ioriiy of [be same, glggrilg'sé’rs
That from and after the passing of this act, any person or persons, shall pfitheles-
and may, commence and prosecute any action or suit, in any court of Lsiiéﬁfegf
record in this State, against any senator or member of assembly for the Privilege"
time being, or against their or any of their servants, or any other person,
entitled to the privilege of either house of the legislature, at any time
from, and immediately after, the prorogation or adjournment of the leg-
islature, until a new legislature shall meet, or the same be reassembled;
and from and immediately after any adjournment of both houses of the
legislature for above the space of fourteen days, until both. houses shall
meet or reassemble; and that the said respective courts of record shall
and may after such prorogation or adjournment as aforesaid, proceed to
give judgment, or to make 'ﬁnal orders, decrees and sentences, and
award execution thereupon, as such court may now lawfully do, against
other persons liable to be arrested and imprisoned; any law usage or
custom to the contrary thereof notwithstanding. Provided always, that
no member of the legislature, or his servant or servants, shall be liable
to arrest, on any civil process, while coming to, or returning from, the
place where the legislature shall sit, to the place of such members resi-
dence, but such time of coming or returning, shall not exceed fourteen
da 34nd be ii‘ farther enacted by the authority aforesaid, That where any statute of
plaintif or plaintifs, shall by reason or occasion, of any privilege of either Iriﬁffi‘giggﬁj
house of the legislature, be stayed or prevented from prosecuting, any
suit by him her or them commenced, such plaintif or plaintifs, shall not
be barred by any statute of limitation, or nonsuited, dismissed, nor his,
,her or their suit discontinued for want of prosecution, of the suit by him
652
LAWS OF NEW YORK. [CHAR 35.
Actions
against
public ofﬁ—
cerfor
ofﬁcial mis-
conduct
not
stayed by
privilege.
Securities
given for
gambling
debts de—
clared void.
her or them begun, but may after the time aforesaid, be at liberty to
proceed to judgment and execution thereupon, as aforesaid.
And whereas it is just and reasonable, that persons employed. in ofﬁces
and places of public trust, should at all times be accountable, for any
misdemeanors therein, and the public justice of the State requireth, a
vigorous prosecution of such offenders. Therefore
Be z'z‘farz‘aer e/zaoz‘ed a)! Z/ze aaz‘lzorz'zfy aforesaid. That any action or
suit, shall and may be commenced and prosecuted, in any court of
record in this State, against any ofﬁcer or person, intrusted, or employed
in the revenue of this State, or any part or branch thereof, or in any
other ofﬁce or place of public trust, for any forfeiture, misdemeanor, or
- breach of trust, of, in, or relating to, such ofﬁce or place of trust, or any
penalty imposed by law, to enforce the due execution thereof; and that
no such action, suit or any other process, proceeding, judgment, or
execution thereupon, altho’ such ofﬁcer or person shall be, a member of
the senate or gassembly, shall be impeached, stayed or delayed, by or
under colou-rior pretence, of any privilege of either house of the legis-
ture.

CHAP. 35.
AN ACT to prevent excessive and deceitful gaming.
PASSED the 20th of February, I788.
WHEREAS the laws now in force, for preventing the mischiefs which
happen by gaming have been found insufﬁcient; for remedy whereof.
Be it ewzaez‘ed oy t/ze People of Me State of jVew York, represented in
Se/zaz‘e and Assemldy, and it is lzereoy enacted a)» [/ze authority of f/ze same,
That all notes bills, bonds, judgments, mortgages or other securities or
conveyances whatsoever, given, granted, drawn or entered into, or exe-
cuted by any person or persons whatsoever, where the whole or any
part of the consideration of such notes, bills, bonds, judgments, mort-
gages or other securities or conveyances, shall be for any money or other
valuable thing or things whatsoever, won by gaming. or playing at cards,
dice, tables, billiards, tennis, bowls, shuffle board, or other game or
games whatsoever; or by betting on the sides or hands of such as do
play at any of the games aforesaid; or for the reimbursing or repaying
any money, knowingly lent or advanced for such gaming or betting as
aforesaid, or lent or advanced at the time and place of such play, to any
person or persons so gaming or betting as aforesaid, or that shall during
such play so play or bet, shall be utterly void, frustrate and of none
effect, to all intents and purposes whatsoever; any law or usage to the
coatrary thereof in any wise notwithstanding. And that where such
mortgages, securities or other conveyances shall be of lands tenements
or hereditaments, or shall be such as incumber or affect the same, such ,
mortgages, securities or other conveyances, shall enure and be, to and,
for the sole use and beneﬁt of and shall devolve upon such person orl
persons as should or might have, or be entitled to, such lands tenements
or hereditaments, in case the grantor or grantors thereof, or other per-
son or persons so incumbering the same, had been naturally dead; and
as if such mortgages, securities or other conveyances had been made to
such person or persons so to be intitled after the decease of the person
or persons so incumbering the same; and that all grants and convey-
ances to be made for the preventing of such lands, tenements or heredit-
CHAP. 35.] ELEVENTH SESSION.
653
aments from coming to or devolving upon such person or persons,
hereby intended to enjoy the same as aforesaid, shall be deemed fraud-
ulent and void, and of none effect, to all intents and purposes whatso-
even
And be z'z‘farl/zer marred by t/ze aat/zorz'zj/ aforesaid, That any person or
persons whatsoever, who shall at any time or sitting, by playing at cards,
dice, tables, billiards, tennis, bowls, shuffle board or other game or
games whatsoever, or by betting on the sides or hands of such as do
play at any of the games aforesaid. lose to any one or more person or
persons so playing or betting, in the whole the sum of ten pounds in
money, or any other thing or things of the value of ten pounds, or in
money and any other thing or things to the amount of ten pounds lawful
money of this State, and shall pay or deliver the same, or any part
thereof, it shall and be lawful for the person or persons so losing
‘ass-r‘
and paying or delivering the same money and other thing or things or
either of them, within three months next thereafter, to sue for and‘
recover the money, or value of the thing or things so lost, and paid or
delivered, or any part thereof, from the respective winner or winners
thereof, with costs of suit, by action of debt founded on this act, in any
court of record within this State having cognizance of the same: In
which actions it shall be sufﬁcient for the plaintif or plaintifs, to alledge
in his or their declaration, that the defendant -or defendants is or are
indebted to the plaintif or plaintifs in the monies so lost and paid, or
in the amount or value of the thing or things so lost and delivered, for
so much money had and received by such defendant or defendants to
the plaintifs use, whereby an action hath accrued to the plaintif or
plaintifs according to the form of this act, without setting forth the
special matter. And in case the person or persons who shall lose such
money or other thing or things as aforesaid, shall not, within the time
aforesaid, really and bona ﬁde and without covin or collusion, sue and
prosecute with effect for the money or other thing or things so by him
or them lost and paid or delivered as aforesaid, it shall and may be
lawful for any person or persons by any such action or suit as aforesaid,
to sue for and recover the same and treble the amount or value thereof,
with costs of suit, against such winner or winners as aforesaid; the
one moiety of such forfeiture, when recovered, to be paid to the‘over-
seers of the poor of the city or town in which such offence shall be
committed, and the other moiety to the person or persons who will sue
for the same. And for the better discovery of the monies or other
thing or things so won and to be sued and recovered, as aforesaid,
Be 2'! fart/zer eizaez‘ed by z‘/ze aaf/zorz'zj/ aforesaid, That all and every
person or persons, who by virtue of this act, shall or may be liable to
be sued for the same, shall be obliged and compellable to answer upon
oath, such bill or bills as shall be exhibited and ﬁled in any court
of equity against him or them for discovering the sum and sums of
money, or other thing or things so won at play as aforesaid, contrary to
the true intent and meaning of this act: And it shall and may be law-
ful for such court in which such bill shall be brought, exhibited and
ﬁled, to proceed and decree thereupon, and enforce such decree or
decrees as shall be made in pursuance thereof in the same manner as is
practiced and used in other causes upon bills and answers depending
in the courts where such bill shall be so brought, exhibited and ﬁled.
Provided always.
And be it furl/zer enaeted by t/ze aut/zorz'ly aforesaid, That upon the
discovery and repayment, or re-delivery of the money or other thing or
things so to be discovered and repaid or re-delivered as aforesaid, the
Money lost
at gam-
bling may
be recov-
ered.
Defendant
to answer
under
oath; de-
crees en_
forced.
Repay-
ment of
money won
at, gam-
654
LAWS OF NEW YORK; [CHAR 35.
bling to
excuse
from other
penalty.
Forfeiture
for win-~
ning over
£10 of one
person;
fraudulent;
practice
declared
infamous.
Indictment
for exces-
sive gam-
bling.
Informer
excused
from
penalty.
Witnesses.
Dissolute
persons,
examina—
person or persons who shall rediscover and repay or redeliver the same as
aforesaid, shall be acquitted, indemniﬁed and discharged from any further
or other punishment, forfeiture or penalty, which he, she or they may have
incurred by the playing for or winning such money or other thing or
things so discovered and repaid or redelivered as aforesaid, any former
law, or any thing in this act contained to the contrary thereof in any
wise notwithstanding
A no’ be it fari/zer e/zaeted by i/ze aai/zoriziv aforesaid, That if any per-
son or persons whatsoever, do or shall by any fraud or shift, cousenage,
circumvention, deceit or unlawful device or ill practice whatsoever, in
playing at, or with cards, dice or any of the games aforesaid, or in or
by bearing a share or part in the stakes, wagers or adventures in, or
betting on the sides or hands of such as do or shall play as aforesaid,
win, obtain or acquire to him or themselves, or to any other or others,
any sum or sums of money, or other valuable thing or things whatsoever,
or shall at any one time or sitting, win of any one or more person or
persons whatsoever, above the sum or value of ten pounds; that then
every person or persons so winning by such ill-practice as aforesaid, or
winning at any one time or sitting above the sum or value of ten pounds,
and being convicted of any of the said offences upon any indictment or
information, to be exhibited against him, her or them for that purpose,
shall forfeit ﬁve times the value of the sum or sums of money or other
thing or things so won as aforesaid; and in case of such ill practice as
aforesaid, the person or persons so winning as aforesaid, shall be deemed
infamous, and suffer such corporal punishment as in cases of wilful and
corrupt perjury; and such penalty shall and may be recovered by any
person or persons who shall sue for the same in manner aforesaid, and
when recovered shall be appropriated as herein above directed.
And be iz‘fari/zer eﬂaeied by i/ze aaz‘boriz‘y aforesaid, That if any person
shall win or lose at play, or by betting, at anytime, the sum or value of
ten pounds or upwards, or within the space of twenty—four hours, the
sum or value of twenty pounds, such person shall be liable to be indicted
for such offence at any time within one year after it is committed, either
in the supreme court, or in any court of oyer and terminer and gaol
delivery; and being thereof legally convicted, shall be ﬁned ﬁve times
the value of the sum so lost or won; which ﬁne (after such charges as
the court shall judge reasonable to allow to the prosecutors and wit-
nesses out of the same) shall be paid to the overseers of the poor of the
city or town where such offence shall be committed, for the use of the
poor thereof. Provided always.
A 12d be it farZ/zer enacted by f/ze aaz‘lzorigz aforesaid, That if any per-
son so offending, shall discover any other person so offending, so that
such person be thereupon convicted, the person so discovering shall be
discharged and indemniﬁed from all penalties by reason of any such
offence, if such person so discovering hath not been before convicted
thereof, and he shall be admitted as an evidence to prove the same.
And be it farf/zer marred by t/ze aal/zorizjr aforesaid, That no person
or persons, other than the parties plaintif, or defendant in the cause,
shall be incapaciated from being a witness, touching any offence com-
mitted against this act, by reason of having played, betted, or staked at
any game prohibited by this act.
A/zd a'I/zereas divers lewd and dissolute persons live at great expences,
having no visible estate profession or calling, to maintain themselves
but support those expences by gaming only; therefore
Be it further enaeied by [be aaz‘lzorizjl aforesaid, That it shall and may
be lawful, for any two or more justices of the peace in any. city or county
CHAP. 36.] ELEVENTH SESSION. ' 655
within this State, to cause to come or be brought before them every per- tion of:
son within their respective cities or counties, whom they shall have just cause to suspect to have no visible estate profession or calling to maintain frow-
themselves by, but who do for the most part support themselves by
gaming; and if such person or persons shall not make it appear to such
justices that the principal part of his or their expences are not main-
tained by gaming, that then such justices shall require of him or them
sufﬁcient sureties for his or their good behaviour for the space of twelve
months; and in default of his or their ﬁnding such sureties, to commit
him or them to the common gaol of the city or county, there to remain
until he or they shall ﬁnd such sureties as aforesaid.
And be ii‘ farl/ier enacted by Me aai/zoriz‘y aforesaid, That if such per- Recogni-
son or persons so ﬁnding sureties as aforesaid, shall during the time for if?"
which he or she shall to be so bound to the good behaviour at any one gambling-
time or sitting, play or bet for any sum or sums of money or other thing,
exceeding in the whole the sum or value of twenty shillings, that then
such playing shall be deemed or taken to be a breach of his her or their
good behaviour. and a forfeiture of the recognizance given for the same.

CHAP. 36.
AN ACT concerning distresses, and for the better security and
more easy recovery of rents and renewal of leases, and to pre-
vent frauds by tenants.
PASSED the zist of February, 1788.
Be iz_‘ eaaeled by Me People of l/ie Slale of [Vera Yor/e, represented in Excessive
Senate and Assembly, and ii‘ is lzereby eizaeled by ﬁre azil/zorizy of l/ze same, That all distresses made or taken for any cause whatsoever, shall be taken
reasonable, and not too great; and whosoever shall take great and
unreasonable distresses shall be punished by ﬁne for the excess of such
distresses, and shall answer the damages to the party aggrieved.
And be ii‘ farz‘lzer enaez‘ed by the aid/eerily aforesaid, That no person Fine for,
' - - - - illegal (113—
shall take any distress wrongfully, or distrain in the highway oncommon tress, em
street, or cause any distress that he or she shall take, to be driven out
of the county where it shall be taken; and every person who shall do
so, of his or her own authority and without judgment, shall be pun-
ished by fine, as for a thing done against the peace and shall answer
the damages to the party aggrieved.
And be ii‘ fari/zer enacted by l/ze azil/zorilv aforesaid, That no person Distress
shall be distrained for any cause whatsoever, by his or her beasts of the plough or sheep, or by the impliments of his or her trade, but until other imple-
distress or chattels where of the debt may be levied or sufﬁcient for the demand, can be found, (except the distraining and impounding beasts ifa‘geobtgg’gr
found on the ground of any person damage feasant, according to the goods.
custom of this State).
A no’ be if fart/ler elzaeled by l/ze az/l/zoriz‘y aforesaid, That when any Beasts dis-
beasts are distrained for any cause whatsoever, they shall be put in open 3,1,11,83,30
pound, in the same county where they shall be taken; and they to whom Oven
the beasts do belong may give them their feeding without disturbance, pound’
so long as they shall be impounded.
And be ii‘ farl/zer enaeied by ﬁle azil/iori/y aforesaid, That where any goods or chattels shall be distrained for any rent reserved and due upon be sold at
. bl‘:
any demise, lease or contract whatsoever, and the tenant or owner of ‘32.1.1116,
LAWS or NEW YORK. [CHAR 36.
Distress of
farm pro
ducts.
Distress
may be
kept on
premises
where lev-
ied until
sold
Penalty
for pound
breach.
the goods so distrained, shall not, within ﬁve days next after such dis-
tress taken, and notice thereof; (with the cause of such taking) left at
the chief mansion house or other most notorious place on the premises
charged with the rent distrained for, replevy the same, with sufﬁcient
security to be given to the sheriff according to law, that then in such
case, after such distress and notice as aforesaid, and expiration of the
said ﬁve days, the person distraining shall and may, with the sheriff or
under sheriff of the county, or with the constable or other ofﬁcer of the
town or place where such distress shall be taken, (who are hereby
required to be aiding and assisting therein) cause the goods and chattels
so distrained, to be appraised by two sworn appraisers, (whom such
sheriff, under sheriff, constable or other ofﬁcer as aforesaid are hereby
impowered to summon for that service, and to swear, well and truly to
appraise the same, according to the best of their understanding); and
after such appraisement, shall and may lawfully sell at public vendue
the goods and chattels so distrained, for the best price that can be gotten
for the same, (giving three days public notice) towards satisfaction of
the rent, for which the said goods and chattels shall be distrained, and
of the charges of such distress appraisement and sale; leaving the over-
plus, (if any) in the hands of the said sheriff, under sheriff, constable or
ofﬁcer, for the owner’s use.
VI. A 12d be it fzzrz‘ber erzaez‘ed by Z/ze aat/zorizy aforesaid, That it shall
be lawful for any person or persons, having rent in arrear and due upon
any such demise, lease or contract as aforesaid, to seize and secure any
sheaves or cocks of corn, or corn loose, or in the straw, or hay lying or
being in any barn or granary, or upon any hovel, stack or rick, or else-
where upon any part of the land charged with such rent, and to lock up
or detain the same, in the place where the same shall be found, for and
in the nature of a distress, until the same shall be replevied, upon such
security to be given as aforesaid; and in default of replevying the same
as aforesaid, within the time aforesaid, to sell the same after the appraise-
ment thereof in manner as above directed. Andfarf/zer it shall be law-
ful for such landlord or lessor to take and seize as aforesaid, any cattle
or stock of such tenant or tenants, feeding or depasturing upon any
common appendant or appurtenant, or any ways belonging to the prem-
ises demised or holden; and also to take and seize all sorts of corn and
grass, roots or other produce, growing or being thereon, as distress for
arrears of rent. and the same to cut, gather, make, cure, carry and lay
up, in some convenient place on the premises, and for want thereof, in
some other place to be procured by such landlord, (due notice of such
place being given to such tenant or lessee, or left at his place of abode)
and within the time and in manner herein before directed, to appraise
sell or dispose of the same.
VII. A 12d be z'z‘farZ/zer erzaez‘ed by Me auz‘boriz‘y aforesaid, That it shall be
lawful for any person lawfully taking any distress, to impound or other-
wise secure the distress so made, of whatever nature or kind it may be,
in such place or on such part of the premises as shall be most conveni-
ent for the purpose, and to appraise, sell and dispose of the same upon
the premises, in like manner as any person taking a distress for rent may
do, off the premises, by virtue of this act. And it shall be lawful for
any person or persons to come and go, to and from such place or part
of the said premises, in order to view appraise and buy, and also to
carry off, and remove the same.
And be it furz‘lzer enacted by tile auz‘boriz'y aforesaid, That upon any
pound breach, or rescouse of goods or chattels distrained for rent, the
person or persons grieved thereby shall, in a special action upon the
CHAP. 36.] ELEVENTH SESSION.
case for the wrong thereby sustained, recover his and their treble dam-
ages, and costs of suit, against the offender or offenders, in any such
rescouse or pound breach, any or either of them, or against the owner
of the goods distrained, in case the same be afterwards found to have
come to his use or possession. Provided always, and
Be iz‘fzirZ/zer e/zaez‘ed by [be aai/zorizj/ aforesaid, That in case any such
distress and sale as aforesaid, shall be made by virtue or colour of this
present act, for rent pretended to be in arrear and due, where in truth
no rent is in arrear or due, to the person or persons distraining, or to
him or them in whose name or names, or right, such distress shall be
taken as aforesaid, that then the owner of such goods or chattels dis-
trained and sold as aforesaid, his executors or administrators, shall and
may, by action of trespass, or upon the case, to be brought against the
person or persons so distraining, any or either of them, his or their
executors or administrators, recover double of the value of the goods or
chattels so distrained and sold, together with full costs of suit.
A 12d be if farZ/zer e/zaez‘ed by i/ze az/Z/zorizfy aforesaid, That where any
distress shall be made, for any kind of rent justly due, and any irregu-
larity or unlawful act shall be afterwards done by the party or parties
distraining, or by his, her, or their agent or agents, the distress itself
shall not be therefore deemed to be unlawful, nor the party or parties
making it be deemed a trespasser or tresspassers ab initio: But the
party or parties aggrieved by such unlawful act, or irregularity, shall and
may recover full satisfaction for the special damages, he, she, or they
shall have sustained thereby, and no more, in an action of trespass, or
on the case, at the election of the plaintiff or plaintiffs: Prozlided always,
Actions of
trespass to
lie for
illegal
distress.
Illegal acts
by distrain-
ing party
after legal
distress.
that where the plaintiff or plaintiffs shall recover in such action, he, she,
or they shall be paid his, her or their full costs of suit, and have all the
like remedies for the same as in other cases of costs: But that no ten-
ant or tenants, lessee or lessees, shall recover in any action for any such
unlawful act or irregularity as aforesaid, if tender of amends hath been
made by the party or parties distraining, his, her or their agent or agents,
before such action brought.
A red be ii‘fari/zer wanted by Z/ze aai/zoriz‘y aforesaid, That in all actions
of trespass, or upon the case, to be brought against any person or per-
sons intitled to any rents or services of any kind, his, her or their bailif
or receiver, or other person or persons, relating to any entry by virtue of
this act, or otherwise, upon the premises chargeable with such rents or
services, or to any distress or seizure, sale or disposal of any goods or
chattels thereupon, it shall and may be lawful to and for the defendant
or defendants in such actions, to plead the general issue, and give the
special matter in evidence; any law or usage to the contrary notwith-
standing: And in case the plaintif or plaintifs shall become non suit,
discontinue his, her or their action, or have judgment against him, her
or them, the defendant or defendants shall recover double costs of suit.
XII. And be if fzerf/zer ei-zaeied by Z/ze auZ/zorii‘y aforesaid, That no goods
or chattels whatsoever in or upon the demised premises, shall be liable to
be taken by virtue of any execution, on any pretense whatsoever, unless
the party at whose suit the said execution is sued out, shall, before the
removal of such goods from off the said premises, by virtue of such exe-
cution, pay to the landlord of the said premises, or his bailif all and
every sum or sums of money due for rent for the said premises, at the
time of the taking such goods or chattels, by virtue of such execution;
provided the said arrears of rent do not amount to more than one years
rent; and in case the said arrears shall exceed one years rent, then the
said party at whose suit such execution is sued out, paying the said land-
VoL. 2.—83
Actions of
trespass,
plea by
defend-
ants in.
Goods
taken on
execution
not to be
removed
from prem-
ises until
rent paid.
658
LAWS OF NEW YORK. [CHAR 36.
Distress
may be
made
within
thirty days
after goods
removed,
Penalty for
concealing
goods.
Distress of
concealed
goods,
how made.
lord or his bailif, one year’s rent, may proceed to execute his judgment
as he might have done before the making of this act: And the sheriff
or other ofﬁcer is hereby impowered and required to levy and pay to the
plaintiff as well the money so paid for rent, as the execution money.
And be iz‘ fart/zer erzaez’ed by Z/ze aaz‘lzorizfy aforesaid, That in case any
such lessee for life or lives, term of years, at will, or otherwise, shall
convey or carry off or from such demised premises, his or her goods or
chattels, leaving the rent unpaid, it shall and may be lawful for such
lessor or landlord, or any person or persons by him or her, for that pur-
pose lawfully empowered, within the space of thirty days next after such
conveying away, or carrying off such goods or chattels as aforesaid, to
take and seize such goods and chattels, wherever the same shall be
found, as a distress for the said arrears of rent; and the same to sell or
otherwise dispose of, in such manner as if the said goods and chattels
had actually been distrained by such lessor or landlord, in and upon
such premises, for such arrears of rent; any law, custom or usage to
the contrary in any wise notwithstanding. Provided neoeri/zeiess, that
nothing in this act contained shall extend or be construed to extend, to
impower such lessor or landlord to take or seize any goods or chattels
as a distress for arrears of rent, which shall be sold bona ﬁde and for a
valuable consideration, before such seizure made, to any person not
privy to such fraud; any thing herein contained to the contrary notwith-
standing.
And to deter tenants from such conveying away their goods and
chattels, leaving the rent unpaid, and others from wilfully aiding or
assisting therein, or concealing the same:
Be iz‘furt/zer enacted by the aat/zorizj/ aforesaid, That if any such tenant
or lessee shall remove and convey away his or her goods or chattels as
aforesaid, or if any person or persons shall wilfully and knowingly aid
or assist any such tenant or lessee in such conveying away or carrying
off any part of his or her goods or chattels, or in concealing the same,
all and every person or persons so offending shall forfeit and pay to the
landlord or landlords, lessor or lessors, his, her or their heirs or assigns,
from whose estate such goods and chattels were so carried off as afore-
said, double the value of the goods by him her or them respectively
carried off, or concealed as aforesaid; to be recovered by action of debt
in any court of record.
And be ii‘ furi/zer enaez‘ed by the authority aforesaid, That Where any
goods or chattels shall be conveyed or carried away as aforesaid, by
any tenant or tenants, lessee or lessees, his, her or their servant or ser-
vants, agent or agents, or other person or persons, aiding or assisting
therein, shall be put, placed or kept in any house, barn, stable, out
house, yard, close or place, locked up, fastened or otherwise secured, so
as to prevent such goods or chattels from being taken and seized as a
distress for arrears of rent, it shall and may be lawful for the landlord
or landlords, lessor or lessors, his, her or their heirs or assigns. or his,
her or their steward, bailif, receiver or other person or persons impowered,
to take and seize, as a distress for rent, such goods and chattels (ﬁrst
calling to his, her or their assistance, the constable or other peace ofﬁcer
of the town or place, Where the same shall be suspected to be concealed,
who are hereby ‘required to aid and assist therein; and in case of a
dwelling house, oath being also ﬁrst made, before some justice of the
peace, of a reasonable ground to suspect that such goods or chattels are
therein) in the day time to break open and enter into such house, barn.
stable, out-house, yard close or place, and to take and seize such goods
and chattels for the said arrears of rent as he, she, or they might have
'CHAP. 36.] ELEVENTH SESSION.
659‘
tenants.
done by virtue of this act, if such goods and chattels had been put in
any open ﬁeld or place.
XVI. Ana’ ﬁe z'z‘farf/zer enactea’ 5y Z/ze aut/wrz'z‘y afaresaz'a’, That it shall
Rent due
on lease
be lawful for any person or persons, having any rent in arrear or due for Jim
upon a lease or demise for life or lives, to bring an action or actions of
debt for such arrears of rent, in the same manner as they might have
done in case such rent was due and reserved upon a lease for years.
Ana’ w/zereas, tenants pour autre vie, and lessees for years or at will,
frequently hold over the tenements to them demised, after the determi-
nation of such lease; and w/zereas after the determination of such, or
any other leases, no distress can by law be made for any arrears of rent
that grew due on such respective leases before the determination thereof;
for remedy whereof,
Be it fari/zer enaez'ezi (3)) file aaZ/zorz'zj/ afaresaz'a’, That it shall be law-
ful for any person or persons having any rent in arrear and due upon a
lease for life or lives, or for years, or at will, ended or determined, to
distrain for such arrears after the determination of the said respective
leases, in the same manner as they might have done if such lease or
leases had not been ended or determined. Pravz'dea’, that such distress
be made within the space of six kalender months after the determination
of such lease, and during the continuance of such landlord’s title or
interest, and during the possession of the tenant from whom such arrears
became due. .
Ana’ zu/zereas by the common law, the executors or administrators of
tenants in fee simple, or for term of life, of rent service, rent charge,
rent seck and fee farms, have no remedy to recover such arrearages of
the said rents of fee farms, as were due unto their testators or intestates
in their lives, nor may the heirs of such testator, nor any person having
the reversion of his or her estate, after his or her decease, distrain or
have any lawful action to levy any such arrears of rents or fee farms;
for remedy whereof,
Be it furz‘lzer enaez‘ea’ éy t/ze auz‘lzorz'z‘y aforesaid, That the executors
or administrators of every such person and persons, unto whom any
such rent or fee farm is or shall be due, and not paid at the time of his,
her or their death, shall and may have an action of debt for all such
arrearages, against the tenant or tenants, who ought to have paid the
‘said rent or fee farms, so being behind in the life of the testator or intes-
tate, or against the executors or administrators of the said tenant or
Ana’ fart/ler, that it shall be lawful for every such executor
and administrator of any such person or persons unto whom such rent
or fee farm is or shall be due and not paid at the time of his, her or
their death as aforesaid, to distrain for the arrearages of all such rents and
fee farms, upon the lands, tenements and hereditaments, which were,
are, or shall be charged with the payment of such rents, or fee farms,
and chargeable to the distress of the testator, or intestate, so long as the
said lands tenements or hereditaments continue, remain and be, in the
seisin or possession of the said tenant in demesne, who ought imme-
diately to have paid the said rent or fee farm so being behind, to the
said testator or intestate, in his or her life time, or in the seisin or pos-
session of any other person or persons, claiming the said lands, tene-
ments and hereditaments, only by or from the said tenant by purchase,
gift or descent, in like manner and form as their testator or intestate
might or ought to have done in his or her life time, and the said execu-
tors or administrators shall for the same distress lawfully make avowry
upon their matter aforesaid, and make appraisement and sale of such
distress in the manner aforesaid.
Distress
for rent in
arrear
after deter-
mination
of lease.
Executors
and admin-
istrators,
recovery of
arrears of
rent by.
'660
LAWS OF NEW YORK. [CHAR 36.
Husband.
after death
of Wife,
may re-
cover
arrears of
rent due
her.
Recovery
of rent of
fee farm
And be it fari/zer erzaez‘ed by tile aui/zority aforesaid, That if any man,
who now hath or shall hereafter have, in the right of his wife any estate
in fee simple, or for term of life, of or in any rents or fee farms, and the
same rents or fee farms now be, or hereafter shall be, due, behind and
unpaid in the said wife’s life time, then the said husband, after the death
of his said wife, his executors or administrators, shall have an action of
debt for the said arrearages against the tenant of the demesne who
ought to have paid the same, his or her executors or administrators.
Arzdfarf/zer, that the said husband after the death of his said wife, may
distrain for the said arrearages in like manner and form as he might
have done, if his wife had been then living, and make avowry upon his
matter as aforesaid, and make appraisement and sale of such distress in
the manner aforesaid.
A 12d be iz‘ fzirz‘ber erzaeied by ﬁre azit/zoriz‘y aforesaid, That if any
person who now hath or hereafter shall have, any rents or fee farms for
aftel‘death term of life or lives, of any other person or persons, and the said rent
of person
on Whose
life rent
depended.
Double
yearly rent
value to be
recovered
for with-
holding
lands from
owner of
reversion
after deter—
mination
of life
estate.
Tenant
holding
over after
giving
notice of
intention
to quit.
or fee farm now be, or hereafter shall be due and behind and unpaid,
in the life of such person or persons, for whose life or lives the estate of
the said rent or fee farm did depend or continue, and after the said per-
son or persons do die, then he or she to whom the said rent or fee farm
was‘ due in form aforesaid, his or her executors or administrators. shall
and may have an action of debt against the tenant in demesne, who
ought to have paid the same, when it was ﬁrst due, his or her executors
or administrators; and also may distrain for the same arrearages upon
the lands and temements out of which the said rents or fee farms were
issuing and payable, in such like manner and form as he or she ought or
might have done, if the person or persons, by whose death the aforesaid
estate in the said rents and fee farms determined and expired, were in
full life; and the avowry for the taking of the same distress to make in
manner and form aforesaid, and make appraisement and sale of such
distress in manner aforesaid.
And be if farz‘ber e/zaez‘ed by the aat/zoriz‘y aforesaid. That in case any
tenant or tenants for any term of life, lives or years, or other person or
persons, who are or shall come into possession of any lands, tenements.
or hereditaments, by, from or under, or by collusion with such tenant or
tenants, shall wilfully hold over any lands, tenements or hereditaments,
after the determination of such term or terms, and after demand made,
and notice in writing given for delivering the possession thereof, by his
or their landlord or lessor, or the person or persons to whom the remain-
der or reversion of such lands, tenements or hereditaments shall belong,
his or their agent or agents thereunto lawfully authorized, then and in
such case such person or persons so holding over, shall, for and during
the time he, she or they shall so hold over or keep the person or persons
entitled out of possession of the said lands, tenements or hereditaments
as aforesaid, pay'to the person or persons so kept out of possession, his,
her or their executors administrators or assigns, at the rate of double the
yearly value of the lands, tenements or hereditaments so detained, for‘
so long time as the same are detained; to be recovered in any court of
record in this State, by action of debt, whereunto the defendant or
defendants shall be obliged to give special bail; and against the recov-
ering of which said penalty there shall be no relief in equity.
And be ii‘ furi/zer erzaez‘ed by the auz‘lzorizj/ aforesaid, That in case any
tenant or tenants shall give notice of his, her, or their intention to quit
the premises, by him, her, or them holden, at a time mentioned in such
notice, and shall not accordingly deliver up the possession thereof, at '
the time in such notice contained, that then the said tenant or tenants,
CHAP. 36.] ELEVENTH SESSION.
661
his, her or their executors or administrators, shall from thenceforward
pay to the landlord or lessor, his or her heirs or assigns, double the rent
or sum which he, she, or they should otherwise have paid; to be levied,
sued for and recovered at the same times, and in the same manner, as
the single rent or sum, before the giving such notice, could be levied,
sued for or recovered; and such double rent or sum shall be continued
to be paid during all the time such tenant or tenants shall continue in
possession as aforesaid.
Aizd w/zereas great inconveniences may happen to lessors and land—
lords, in cases of re-entry for non payment of rent, by reason of the
many niceties that attend re-entries at common law, and for as much as
when a legal re-entry is made, the landlord or lessor must be at the
expence, charge and delay of ‘recovering in ejectment, before he can
obtain the actual possession of the demised premises: For remedy
whereof, '
Be itfzeri/zer eizaez‘ed by i/ze azit/zorizj/ aforesaid, That in all cases between
landlord and tenant, as often as it shall happen, that one half years
rent shall be in arrear, and the landlord or lessor to whom the same is
due hath right by law to re-enter for the non-payment thereof, such
landlord or lessor shall and may, without any formal demand or re-entry,
serve a declaration in ejectment for the recovery of the demised prem-
ises, or in case the same cannot be legally served or no tenant be in
actual possession of the premises, then afﬁx the same-upon the door of
any demised messuage, or in case such ejectment shall not be for the
recovery of any messuage, then upon some notorious place of the lands,
tenements or hereditaments comprised in such declaration in ejectment,
and such afﬁxing shall be deemed legal service thereof: Which service
‘or afﬁxing such declaration in ejectment, shall stand in the place and
stead of a demand and re-entry; and in case of judgment against the
casual ejector, or non suit for not confessing lease, entry and ouster, it
shall be made appear to the court where the said suit is depending, by
afﬁdavit, or be proved upon the trial, in case the defandant appears,
that half a years rent was due before the said declaration was served,
and that no sufﬁcient distress was to be found on the demised premises,
countervailing the arrears then due, and that the lessor or lessors in
ejectment had power to re-enter, then and in every such case the lessor
or lessors in ejectment shall have judgment and execution, in the
same manner as if the rent in arrear had been legally demanded
and re-entry made; and in case the lessee or lessees, his, her or their
assignee or assignees, or other person or persons claiming or deriv-
ing title under the said lease, shall suffer judgment on such eject-
ment,_"and execution to be executed thereon, without paying the rent
and arrears, together with full costs, and without ﬁling any bill or bills
for relief in equity, within six kalendar months after such execution
executed; then and in such case the said lessee or lessees, his, her or
their assignee or assignees, and all other persons claiming and deriving
title under the said lease, shall be barred and foreclosed from all relief
or remedy in law or equity, other than by writ of error for reversal of
such judgment, in case the same shall be erroneous; and the said land-
lord or lessor, shall from thenceforth hold the same demised premises,
discharged from such lease or contract; and if on such ejectment, a
verdict shall pass for the defendant or defendants, or the plaintif or
plaintifs shall be non suited therein, except for the not confessing lease,
entry and ouster, then and in every such case, such defendant or defend-
ants shall have and recover his, her and their full costs. Provided always,
that nothing herein contained shall extend to bar the right of any mort—
Ejectment
where one-
half years
rent is due
and lessor
has right
of re-entry,
proceed-
ings for.
662
LAWS OF NEW YORK. [CHAR 36.
Stay of
proceed-
ings where
rent claim-
ed paid
into court.
Payment
of rent and
costs, ac-
tion to be
discontin-
ued on.
Surrender
of old lease
and taking
gagee or mortgagees of such lease or any part thereof, who shall not be
in possession, so as such mortgagee or mortgagees shall and do within
six kalender months after such judgment obtained, and execution exe-
cuted, pay all rent in arrear, and all costs and damages sustained by
such lessor or person or persons intitled to the remainder or reversion
as aforesaid, and perform all the covenants and agreements which on the
part and behalf of the ﬁrst lessee or lessees, are and ought to be per-
formed. .
XXIV. And be it furZ/zer enacted by Me az/f/zoriz‘y aforesaid, That in
case the said lessee or lessees, his, her or their assignee or assignees or
other person or persons claiming any right, title, or interest in law or
equity, of, in or to the said lease, shall, within the time aforesaid, ﬁle
one or more bill or bills for relief in any court of equity, such person or
persons shall not have or continue any injunction against the proceed-
ings at law on such ejectment, unless he, she or they, do or shall, within
forty days next after a full and perfect answer shall be ﬁled, by the lessor
or lessors of the plaintiff in such ejectment, bring into court and lodge
with the proper ofﬁcer such sum and sums of money as the lessor or
lessors of the plaintiff in the said ejectment, shall, in his, her or their
answer swear to be due and in arrear, over and above all just allow-
ances, and also the costs taxed in the said suit, there to remain, until the
hearing of the cause, or'to be paid out to the lessor or landlord, on good
security, subject to the decree of the court; and in case such bill or bills
shall be ﬁled within the time aforesaid, and after the execution is exe-
cuted, the lessor or lessors of the plaintiff shall be accountable only for
so much, and no more, as he, she or they shall really and bona ﬁde
without fraud, deceit or wilful neglect, make of the demised premises,
from the ,time of his, her, or their entring into the actual possession
thereof; and if what shall be so made by the lessor or lessors of the
plaintiff, happen to be less than the rent reserved on the said lease, then
the said lessee or lessees, his, her, or their assignee or asssignees, before
he, she, or they shall be restored to the possession or possessions, shall
pay such lessor or lessors or landlord or landlords, what the money so
by them made, fell short of the reserved rent for the time such lessor or
lessors of the plaintiff or landlord or landlords held the said lands.
Provided always, and
Be it farZ/zer eizaeied by z‘/ze aai/zoriiy aforesaid, That if the tenant or
tenants, his, her, or their assignee or assignees, shall at any time before
the trial in such ejectment, pay or tender to the lessor or landlord, his
executors or administrators, or his, her, or their attorney in that cause, or
pay into the court where the same cause is depending, all the rent and
arrears, together with the costs, then and in such case all further proceed-
ings on the said ejectment shall cease and be discontinued; and if such
lessee or lessees, his, her or their executors, administrators or assigns,
shall, upon such bill ﬁled as aforesaid, be releived in equity, he, she, or
they shall have, hold and enjoy the demised lands, according to the
lease thereof made, without any new lease to be thereof made to him,
her, or them.
And, for making the renewal of leases more easy for the future;
Be it fari/zer mated by i/ze aaz‘lzoriiy aforesaid, That in case any
lease shall be duly surrendered in order to be renewed, and a new lease
outof nfew, made and executed by the chief landlord or landlords, the same new
effect 0 .
lease shall, Without a surrender of all or any the under leases, be as good
and valid to all intents and purposes, as if all the under leases derived
thereout, had been likewise surrendered at or before the taking of such
new lease; and all and every person or persons in whom any estate
CHAP. 36.] ELEVENTH SESSION. 663
for life or lives, or for years, shall from time to time be vested by virtue
of such new lease, and his, her and their executors and administrators,
shall be entitled to the rents, covenants and duties, and have like remedy
for recovery thereof, and the under lessees shall hold and enjoy the
demised premises respectively, as if the; original leases, out of which
the respective under leases are derived, had been still kept on foot and
continued; and the chief landlord or landlords shall have and be enti-
tled to such and the same remedy, by distress or entry in and upon the
demised premises, for the rents and duties reserved by such new lease,
so far as the same exceed not the rents and duties reserved in the lease
out of which such under lease was derived, as he, she or they would
have had in case such former lease had been still continued, or as he,
she or they would have had in case the respective under leases had been
renewed under such new principal lease; law, custom, or usage to
the contrary hereof notwithstanding.
XXVII. And 6e 2)‘ flH’f/lel’ e/zaez‘ed oy z‘/ze azzf/zorz'zj’ aforesaid, That Executors
where any tenant for life shall happen to die, before or on the day on Sggigg {$3,},
which any rent was reserved or made payable, upon any demise or proportion
lease of any lands, tenements or hereditaments which determined on $33,352,?
the death of such tenant for life, that the executors or administrators of “ﬁlmm—
. . . antsdeath
such tenant for life shall and may, in action on the case recover of and
from such under tenant or under tenants of such lands, tenements or
hereditaments, if such tenant for life die on the day on which the same
was made payable, the whole, or if before such day, then a proportion
of such rent, according to the time such tenant for life lived of the last
year, or quarter of a year, or other time in which the said rent was grow-
ing due as aforesaid, making all just allowances, or a proportionable part
thereof, respectively.
And w/zereas the possession of estates in lands, tenements and heredi—
taments is rendered very precarious, by the frequent and fraudulent
practice of tenants in attorning to strangers, who claim title to tie
estates of their respective landlord or landlords, lessor or lessors, who
by that means are turned out of possession of their respective estates,
and put to the difficulty and expence of recovering the possession
thereof, by actions or suits at law; for remedy whereof,
Be z'z‘farf/zer er-zaez‘edoy Z/ze auZ/zorz'zj/ aforesaid, That all and every such Attorn-
attornment or attornments of any tenant or tenants, of any messuages, gggggﬁim
lands, tenements or hereditaments, shall be absolutely null and void to to aﬂ’ecﬁ
all intents and purposes whatsoever, and the possession of their respect- B‘f’iiiiiﬁ‘gr’él
ive landlord or landlords, lessor or lessors, shall not be deemed or con-
strued to be in any wise changed, altered or affected by any such attorn-
ment or attornments: Proz/z'ded always, that nothing herein contained
shall extend to vacate or affect any attornment made pursuant to and
in consequence of some judgment at law, or decree, or order, of a court
of equity, or made with the privity and consent of the landlord or land-
lords, lessor or lessors, or to any mortgagee after the mortgage is become
forfeited.
Arzd be 2'! fart/ler erzaez‘ed oy f/ze aaz‘lzorz'zfy aforesaid, That every ten- Tenant.
ant, to whom any declaration in ejectment shall be delivered, for any $233)?‘
lands, tenements or herditaments, shall forthwith give notice thereof to ejectment
his or her landlord ._or landlords, or his, her or their bailiff or receiver, mitléﬁ‘fiﬁf
under penalty of forfeiting the value of three years improved or rack lgl'grifeaf‘il'
rent, of the premises so demised, or holden in the possession of such ceiver.
tenant, to the person of whom he or she holds, to be recovered by
action of debt, to be brought in any court of record within this State.
664
LAWS OF NEW YORK. [CHAR 37.
Landlord
may join
himself
with ten-
ant as de-
fondant.
Action on
the case
for lands
held and
occupied.
Beneﬁt of
clergy
abolished.
Crimes
whereof
the pun-
ishment is
death .
And be iz‘ farz‘ber enaez‘ed by ﬁre aza‘lzorizy aforesaid, That it shall be
lawful for the court, where such ejectment shall be brought, to suffer the
landlord or landlords to make him, her, or themselves defendant or
defendants, by joining with the tenant or tenants, to whom such decla-
ration in ejectment shall be delivered, in case'he or they shall appear;
but in case such tenant or tenants shall refuse or neglect to appear,
judgment shall be signed against the casual ejector for want of such
appearance. But if the landlord or landlords of any part of the lands,
tenements or her-ditaments, for which such ejectment was brought, shall
desire to appear by himself, herself or themselves, and consent to enter
into the like rule, that by the course of the court the tenant in posses-
sion, in case he or she had appeared, ought to have done; then the
court where such ejectment shall be brought, shall and may permit such
landlord or landlords so to do, and order a stay of execution upon such
judgment against the casual ejector, until they shall make further order
therein.
And to obviate some difficulties that many times occur in the recov-
ery of rents, where the demises are not by deed; '
Be ii‘ furf/ier marred by [be aaf/zorizjl aforesaid, That it shall be lawful
to and for the landlord or landlords, his, her or their heirs or assigns,
where the agreement is not by deed, to recover a reasonable satisfaction
for the lands, tenements or hereditaments held or occupied by the
defendant or defendants, in an action on the case, for the use and occu-
pation of what was so held and enjoyed; and if in evidence on the trial
of such action any parole demise, or any agreement (not being by deed)
whereon a certain rent was reserved, shall appear, the plaintiff in such
action shall not therefore be non-suited, but may make use thereof as
an evidence of the quantum of the damages to be recovered.
GHAP. 37.
AN ACT for punishing treasons and felonies, and for the better
regulating the proceedings in case of felony.
PASSED the 21st of February, 1788.
Be it erzaez‘ed by Z/ze People of ﬁre State of New York, represeaied iri
Se/zaz‘e and Assembly, and it is bereby enacted by i/ze aziZ/zorizfy of [be same,
That the privilege or beneﬁt of the clergy heretofore allowed in crimi-
nal cases, shall be and hereby is taken away and for ever abolished.
And be if furl/1e?‘ eizaez‘ed by i/ze aaZ/zoriz‘y aforesaid, That every person
who hereafter shall be in due form of law convicted or attainted of any
manner of treason, murder, rape, buggery burglary; or of feloniously
taking any goods or chattles out of any church or place of public wor-
ship; or of feloniously breaking any house, by day or by night, any
person being then in the same house where such breaking shall be com-
mitted and thereby put in fear or dread; or of robbing any person or
persons in his, her, or their dwelling house or dwelling place, the owner
or dweller in the same house or his wife or his or her children or ser-
_ vants or any or either of them then being within the same house or
place, where the robbery shall be committed and done, or any other
place within the precinct of the same house or dwelling place, whether
the owner or dweller in the same house, or his wife, or his or her chil-
dren or servants, or any or either of them then and there being shall
‘CHAP. 37.] ELEVENTH SESSION.
665
be waking or sleeping; or of robbing any person, or of feloniously
taking away any goods or chattels being in any dwelling house, the
owner or any other person being therein and put in fear; or of robbing
any dwelling house, in the day time, any person being therein, or of
robbing any person or persons in or about any highway; or of willfully
burning any dwelling house, or any barn; or of any offence speciﬁed, in
the act entitled an act to prevent malicious maiming and wounding; or
of any offence speciﬁed in the act entitled an act for preventing and for-
gery punishing and counterfeiting; and every person who shall aid, abet,
assist, counsel, hire or command, any person or persons to commit any
of the said offences, and thereof be duly convicted or attainted, shall
suffer death for the same, and shall be hanged by the neck until he, she
or they shall be dead.
all and every of the cases aforesaid shall invariably be that the person
so convicted or attainted shall be hanged by the neck, until he or she
shall be dead; any law, usage or custom to the contrary notwithstand—
ing. And moreover, that all and every person and persons who shall in
due form of law be convicted or attainted of any felony, other than such
as are herein before mentioned, shall, for the ﬁrst offence, be punished by
ﬁne, imprisonment, or corporal punishment, or by all or any of them, in
such manner as the justices before whom such conviction or attainder
shall be had, or who shall give judgment thereilpon shall in their dis—
cretion think proper to direct and award, not extending to life or limb ;
and for any second offence or felony committed after such ﬁrst con-
viction, every such offender shall suffer death, and shall have judgment
to be hanged by the neck, until he or she shall be dead; and shall be-
accordingly hanged by the neck, until he or she shall be dead; but
nothing herein before contained shall extend to petty larceny, which is
the feloniously taking and carrying away the goods or chattels of another
of the value of ﬁve pounds or under.
III. And be it fari/zer eizaez‘ed by tile aaZ/zorizj/ aforesaid, That the
law relative to the piene fort et dure shall be and hereby is abolished;
and that in all cases of treason or felony, where the party indicted shall,
on being arrainged obstinately stand mute, or refuse to plead and be
tried in due course of law, such obstinately standing mute or refusal to
plead and be tried as aforesaid, shall be adjudged to amount to and be
a proper traverse or denial of the facts charged in the indictment;
and the trial shall thereupon proceed in like manner, and the record
shall be in the same form, and the same judgment shall be given against
the said party, if found guilty, as if he or she had on being arraigned
pleaded not guilty, and for trial had put himself or herself on the
country; any law to the contrary notwithstanding.
And be it furz‘ber eaaez‘ed by Z/ze az/i/zorizj/ aforesaid, That the clerk of
the supreme court. the clerks of every circuit court, and court of oyer
and terminer and goal delivery, and the clerks of the peace for the
time being, where any attainder, outlawry or conviction, of any person
or persons for any manner of treason, murder, rape, buggery, burglary,
robbery or other felony shall be had, shall, without fee or reward, certify
intov the court of exchequer at the next term, there to remain of record
for ever, a transcript briefly and in few words containing the tenor and
effect of every such attainder, outlawry or conviction, and of the indict-
ment or appeal upon which the same shall be so had; that is to say, the
name, sirname and addition of every such person so convicted, outlawed
or attainted, and the certainty of the said felony or other offence where-
upon he or she shall be so convicted, outlawed or attainted, and the day
and place of the conviction, outlawry or attainder, and before whom
VoL. 2. — 84
And farZ/zer, that the judgments to be given in '
Where
party in
dicted
stands
mute, same
proceed—
ings as in
plea of not
guilty
Clerks to
ﬁle in court
of ex-
chequer
record of
attainder
and out-
lawries.
666
LAWS OF NEW YORK. [CHAR 37.
Trial for
stealing in
one county
where
proof
shows rob-
bery in
another
county.
Death sen-‘
tence to
work for-
feiture of
estate.
Attainder
not to cor—
rupt blood
or forfeit
dower of
wife.
Murder
and poison-
ing, indict-
the same was had, and the day and place where and when the said felony
or other offence was done, and the judgment thereupon given, upon pain
to forfeit, for every omission, or neglect, the sum of ten pounds to the
people of this State. And the clerk of the court of exchequer shall
receive all such certiﬁcates, and transcripts when the same shall be pre-
sented and offered to him by any of the respective clerks aforesaid, or
by his or their deputy or deputies, without taking any thing for the
same; and shall at all times, without fee or reward, when requested by
the attorney general of this State, or by any prosecutor against any per-
son named in any such certiﬁcate or transcript, for any second offence,
make and deliver to the attorney general or prosecutor, a true copy of
such certiﬁcate or transcript certiﬁed under his hand and the exchequer
seal; and every such copy so certiﬁed shall be good evidence of such
former conviction, outlawry or attainder.
And be it fari/zer enacted by i/ze azir/zorizy aforesaid, That if any per-
son or persons shall be indicted of felony, for stealing of any goods or
chattels in any county of this State, and thereof be convicted or attainted,
if it shall appear upon evidence and be found by the jury, that the said
goods or chattels were taken by robbery or burglary, or in any other
manner in any other county, whereof if such person or persons had been
convicted by a jury of“ such other county, he, she or they would by
virtue of this or any other act now in force, or hereafter to be made, be
liable to suffer death, then and in every such case, judgment shall be
given that the said offender or offenders shall be hanged by the neck,
until he, she or they shall be dead; and such offender and offenders
shall be put to death accordingly.
A 12d be ii‘ fari/zer eizaeied by file aai/iorizy aforesaid, That every person
who shall in due form of law be convicted or attainted of any manner
of treason, murder, rape, buggery, burglary, robbery or other felony,
for which he or she ought, or is or shall be by any law of this State now
in force, or hereafter to be made, liable to suffer death, shall forfeit to
the people of this State, all his, or her goods and chattels, and also all
such lands, tenements, and hereditaments, which any such offender shall
have of any estate of inheritance, in his or her own right, in use or pos-
session, and all rights, entries, conditions, reversions and remainders,
of, in or to, any lands, tenements, or hereditaments, at the time of any
such offence committed, or at any time after. And the people of this
State, without any ofﬁce or inquisition to be found, shall be deemed and
adjudged in the actual and real possession of the lands, tenements
hereditaments, uses, goods, chattels and all other things, of the offenders
so convicted, or attainted which the people of this State ought lawfully
to have, and which the offenders so being convicted or attainted ought
to lose and forfeit, or might lawfully lose and forfeit; saving to every
person and persons, and to his, her and their heirs and successors, other
than the offenders and their heirs, and such person and persons as claim
to the use of any such offender or offenders, all such rights, titles, inter-
est, possessions, leases, rents, reversions, ofﬁces and other proﬁts, which
they or any of them shall have at the day of committing any such
offence, or at any time after, in as large and ample manner, as if this
clause of this act, had not been made.
VII. And be ii fari/zer e/zaez‘ed by i/ze azii/zoriij/ aforesaid, That no
attainder of any person or persons, of or for any manner of treason or
felony whatsoever, shall hereafter extend to corrupt the blood of the
offender, or to forfeit the dowery of his wife. '
VIII. A 12d be iifari/zer enacted by z‘/ze aai/zoriz‘y aforesaid, That where
any person hereafter shall be feloniously stricken or poisoned in one
CHAP. 37.] ELEVENTH SESSION.
667
county, and die of the same stroke or poisoning in another county, then an
indictment thereof found by jurors of the county where the death shall
happen, whether it shall be found before the coroner, upon the sight of
such dead body, or before the justices of the peace, or other justices or
commissioners, who shall have authority to inquire of such offences,
shall be as good and effectual in the law, as if the stroke or poisoning
had been given, committed and done in the same county where the party
shall die, or where such indictment shall be so found. ArzdfarZ/zer that‘
the justices of goal delivery, and justices authorised or assigned to hear
and determine, in the same county where such indictment at any time
hereafter shall be taken, and the justices of the supreme court, where
such indictment shall be taken or removed before them,’ shall and may
proceed upon the same in all points, as they should or ought to do in
case such felonious stroke and death thereby ensuing, or poisoning and
death thereof ensuing, had grown all in one and the same county. And
moreover, that such party, to whom appeal of murder is or shall be given
by the law, may commence, take and sue appeal of murder in the same
county where the party feloniously stricken or poisoned shall die, as well
against the principal and principals, as against every accessary to the
same offences, in whatsoever county or place the accessary or acces-
saries shall be guilty to the same. And the justices before whom any
such appeal shall be commenced, sued and taken, within the year and
day after such murder and manslaughter committed and done, shall pro-
ceed against all and every such principal and principals, accessary and
accessaries, in the same county where such appeal shall be so taken, in
like manner and form, as if the same offence or offences had been com-
mitted and done in the same county where such appeal shall be so taken,
as well concerning the trial by the jurors of the county where such
appeal or appeals shall be taken, upon the plea of not guilty pleaded byw
such offender or offenders, as otherwise. Arzdfarz‘lzer, that where any
murder or felony shall be committed and done in one county, and
another person or more persons shall be accessary or accessaries in any
manner of wise to any such murder or felony in any other county, then
an indictment found and taken against such accessary and accessaries
upon the circumstance of such matter before the justices of the peace,
or other justices or commissioners having authority to inquire of felonies
in the county where such offences of accessary or accessaries in any
manner or wise shall be committed or done, shall be as good and effec-
tual in the law, as if the said principal offence had been committed or
done within the same county where the same indictment against such
accessary shall be found; and the justices of goal delivery, or justices
authorised or assigned to hear and determine, or any two of them, of or
in such county where the offence of any such accessary shall be com-
mitted and done, upon suit to them made shall write to the clerk or
keeper of the records where such principal shall be attainted or con—
victed, to certify then whether such principal be attainted, convicted or
otherwise discharged of such principal felony, who, upon such writing
to them or any of them directed, shall make sufﬁcient certiﬁcate in
writing, under his or their seal or seals, to the said justices, whether such
principal be attainted, convicted or otherwise discharged, or not; and
after that they that so shall have the custody of such records do certify
that such principal is attainted, convicted or otherwise discharged'of
such offence by the law, then the justices of goal delivery or justices
authorized or assigned to hear and determine such offences, or other
justices thereunto authorized shall proceed upon every such accessary
in the county where such accessary or accessaries became accessary, in
ment and
trial may
be in
county
w ere act
done or
where vic-
tirn died.
668 LAWS OF NEW YORK, [CHAR 37.
such manner and form, as if both the principal offence and accessary
had been committed and done in the said county where the offence of
accessary was or shall be committed or done; and that every such acces-
sary and other offenders above expressed, shall answer upon their arraign-
ments, and. receive such trial, judgment, order, and execution, and such
forfeitures, pains and penalties, as is used in other cases of felony.
Theft of IX. Ana’ a; it fart/ter e/zaez‘ea’ by z‘/ze aaZ/zorz’ly aforesaz'a’, That if any
gggi‘gzigum person or persons shall steal or ‘take by robbery any bill of exchange,
ishable bond, order, warrant, bill or prom1ssory note, for payment of any money,
of or any certiﬁcate, or other public security issued or to be issued by the
authority of the United States in Congress assembled, or by authority of
the legislature of this State, for payment of money, or acknowledging
the receipt of money or goods, being the property of any other person
or persons, or of any corporation, notwithstanding any of the said par—
ticulars are or may be termed in law a chose in action, it shall be deemed
and construed to be felony of the same nature, and in the same degree,
and in the same manner, as it would have been if the offenders had stolen
or taken by robbery any other goods of like value, with the money due
on such bill, bond, order, warrant or note or certiﬁcate, or other public
security, or secured thereby and remaining unsatisﬁed; and such offender
shall suffer such punishment as he or she should or ought to have done
if he or she had stolen other goods of the like value with the money due
on such bill, bond, order, warrant or note or certiﬁcate, or public secu-
rity respectively, or secured thereby and remaining unsatisﬁed.
Receiving X. Ana’ &e 2'! fart/zer elzaez‘ea’ [2} Me aaz‘lzorz'ziv aforesaz'a’, That if any
232,132, person shall buy or receive any goods or chattel of any value whatso-
accessol‘y ever, that shall be feloniously taken or stolen from any other person,
after the -
fact, knowing the same to be stolen, he or she, shall be taken and deemed an
accessary to such felony after the fact, and shall incur the same punish-
ment as an accessary to the felony after the felony committed. Ana’
fart/zer that it shall and may be lawful to prosecute and punish every
such person buying or receiving any stolen goods, knowing the same to
be stolen, as for a misdemeanor, to be punished by ﬁne and imprison-
ment, although the principal felon be not before convicted of the said
felony, which shall exempt the offender from being punished as acces—
sary, if the principal shall be afterwards convicted; any law to the con-
trary notwithstanding.
Accessory XI. Alla’ oe z'z‘ farZ/zer enacted a); Z/ze aaf/zorz'f'v aforesaid, That if any
Ema/gros— principal felon shall be convicted of any felony, it shall and may be law-
thpugh ful to proceed against any accessary either before or after the fact, in
principal . . . ,
pardoned, the same manner as 1f such pr1nc1pal felon had been attainted thereof,
notwithstanding any such principal felon shall be pardoned or otherwise
delivered before attainder; and every such accessary shall suffer the
same punishment if he or she be convicted, as he or she should have
suffered, if the principal had been attainted.
Supreme A no’ a 2'2‘ farZ/zer e/zaez‘ea’ [1y t/ze aaZ/zorz'z‘y aforesaid, That the justices
gt’gg'c'fgial of the supreme court shall have full power and authority by their dis—
Pf crime? cretion to remand and send down as well the bodies of all felons and
1n counties
Wherecom- murderers brought or removed, or that shall be removed or brought
mitted’ before the people of the State of New York, in their supreme court, as
the indictments against such felons and murderers, into the said coun-
ties where the same murders and felonies were or shall have been com-
mitted and done; and to command all justices of goal delivery, justices
of the peace, and all other justices and commissioners, having authority
to hear and determine the same felonies, and every of them, to proceed
and determine upon all the aforesaid bodies and indictments so removed,
CHAP. 37.] ELEVENTH sEssioN. ' 669
according to law, in such manner as the same justices of goal delivery,
justices of the peace, or commissioners, or any of them might or should
have done, if the said prisoners or indictments had never been brought
into the said supreme court.
And be ii‘ fz/ri/zer eizaez‘ed by Me azii/zoriz’y aforesaid, That no writs of eertiomri
habeas corpus or certiorari, shall be hereafter granted to remove any lﬁfgglfihogég
prisoner out of any goal, or to remove any indictment, inquisition, recog- ofiusblce
nizance, record or other thing, except the same writs be signed with the gﬁﬁﬁgfreme
proper hand of one of the justices of the court out of which the same
writs shall be awarded; and every such writ not signed as aforesaid shall
be void and of none effect.
XIV. And be it farz‘ber e/zaez‘ed by f/ze az/z‘boriz‘y aforesaid, That all Foreign
manner of foreign pleas triable by the country, hereafter to he pleaded glaze-$5,,
by any person or persons arraigned upon any indictment or appeal, for country.
any treason, murder or felony, shall be forthwith tried before the same
justices before whom such person or persons shall be arraigned, and by
the same jurors of the same county that shall try the treason, murder or
felony, whereof he, she or they shall be so arraigned, without any further
respite or delay, in whatsoever county or counties, place or places, the
matter of the same pleas be supposed or alledged.
XV. And be if f ari/zer e/zaez‘ed by i/ze aai/zorizy aforesaid, That no per— Peremp-
son arraigned for any murder or felony, shall be admitted to any per- ,tgggecfml'
emptory challenge above the number of twenty; and if any person
arraigned for any murder or felony, shall peremptorily challenge above
the number of twenty of the jurors returned for the trial of such person,
such challenge shall be disallowed, and the trial shall proceed as if no
such challenge had been made.
And be ii‘ fart/zer enaez‘ed by ﬁre aai/iorizy aforesaid, That no indictor Indictor
of any person or persons for any crime or offence whatsoever, shall be Rﬁttirai“
put upon the inquest for the trial of such person or persons, if he be i‘ghgnged
challenged for the same cause by him her or them so indicted.
And be iz‘farf/zer mated by i/ze aaZ/iorify aforesaid, That every person yitgesses
who shall be arraigned or tried of or for any felony, shall be admitted fgﬁse‘i'com.
to make any proof that he or she can produce, by lawful witness or wit- $330302?‘
nesses, who shall then be upon oath, for his or her just defence in that
behalf; and shall have the like process of the court where he or she shall
be tried, to compel his or her witnesses to appear for him or her at such,
trial as is usually granted to compel witnesses to appear against him or
her.
A 12d be itfari/zer eizaez‘ed by Me aaz‘borizy aforesaid, That from hence- Contents
forth the words “with force and arms ” or any such like words, shall not $615,511,32-
of necessity be put or comprized in any inquisition or indictment of treasaoni
treason, murder, felony, trespass, or any other offence, and that no party igiiinyiréte.
or parties being hereafter indicted of any offence, shall have or take any
advantage, by writ or writs of error, plea or otherwise, to annul or avoid
any such inquisition or indictment, for that that the words “with force
and arms,” or any such like words, shall not be put or comprized in the
said inquisitions or indictments: But that the same inquisitions and
indictments and every of them lacking the said words “with force and
arms ” or any such like words, shall from henceforth be taken, deemed
and adjudged, to all intents, constructions and purposes, as good and
effectual in the law, as the same inquisitions and indictments, having the
said words “with force and arms” comprized and put in every of the
same inquisitions and indictments, were or heretofore have been taken,
deemed or adjudged.
670
LAWS OF NEW YORK. [CHAR 37.
S'olen
goods to be
returned to
owner on
conviction
of felon.
Persons
committed
to jail for
felony or
misde—
meanor to
pay ex—
pense of
conveying
to jail.
XIX. A 11d be ii‘ farther eizaez‘edrby i/ze aai/zoriify aforesaid, That if any
felon or felons, do rob or take awav any money, goods or chattels, from
any person or persons, from the person or otherwise, and the said felon
or felons be thereof indicted, and after arraigned of the same felony and
found guilty thereof, or otherwise attainted, by reason of evidence given
by the party so robbed, or owner of the said money, goods or chattels, .
or by any other, by his, her or their procurement, then the party so
robbed or owner, shall be restored to his or her said money, goods and
chattels; and that as well justices of goal delivery0 as other justices
before whom any such felon or felons shall be found guilty, or other-
wise attainted, by reason of evidence given by the party so robbed, or
owner, or by any other, by his or her procurement, shall have power by
this act to award, from time to time, writs of restitution for the said
noney, goods and chattels, in like manner, as if such felon or felons
were attainted at the suit of the party in appeal
A/zd zo/zereas, the honest and faithful citizens of this State are often
harged and burthened in conveying felons and other malefactors and
offenders against the laws unto the goal, when the same offenders have
goods and chattels of their own whereby to defray the same charge
themselves, which tends to the encouragement of such offenders, and
to the discouragement of the said honest and faithful citizens in prose-
cuting the said felons, malefactors and offenders.
XX. T/zerefore be it furi/zer mated by i/ze aaiborizfy aforesaid, That all
and every person and persons whomsoever, who shall be committed to the
common or usual goal in any city or county of this State, by any justice
or justices of the peace, for any felony, offence or misdemeanor, having
means or ability thereunto, shall bear their own reasonable charges for
so conveying or sending them to the said goal, and the charges also of
such as shall be appointed to guard them to the said goal and shall
guard them thither; and if any such person so to be committed as afore-
said, shall refuse, at the time of his or her commitment and sending to
the said goal, to defray the said charges, or shall not then pay or bear
the same, then any justice or justices of the peace of the county shall
and may, by writing, under his or their hand and seal or hands and seals
after conviction of the person so committed give warrant to the con-
stable or constables or either of them, of the town or place where such
persons so committed shall dwell or inhabit, or where he or she shall
have any goods within the same city or county to levy by distress and
sale of the goods and chattels of the said person so to be committed, so
much money as by the discretion of the said justice or justices shall
satisfy and pay the charges of his or her conveying and sending to goal:
And when any person not having goods or money within the city or
county, where he or she shall be taken, sufﬁcient to bear the charges of
himself or herself and of those who convey him or her, is committed to
goal, by warrant from any justice or justices of the peace, then, on
application by any constable or other ofﬁcer who conveyed him or her to
goal as aforesaid, to any justice of the peace for the same city or county,
the justice shall, upon oath, examine into and ascertain the reasonable
allowances to be made to such constable or other ofﬁcer, both for his
expences and trouble, the said allowance for trouble not to exceed six
pence for each mile that he shall travel to convey the said offender to
goal as aforesaid; and the said justice shall forthwith, without fee or
reward, by warrant under his hand and seal, order the treasurer of the
city or county to pay the same which'the said treasurer is hereby required
to do, as soon as he receives such warrant and shall have monies in his
hands. And zo/zereas many persons are deterred from prosecuting per-
CHAP. 37.] ELEVENTH SESSION. 671
sons guilty of felony upon account of the expence attending such prose-
cutions which is a great cause and encouragement of felonies, in order
therefore to encourage the bringing offenders to justice;
XXI. Be 2'2‘ fart/ler mated by t/ze aat/zorz'z‘y aforesaid, That it shall and Court may
may be in the power of the court before whom any person shall have direct ex-
. . penses of
been tr1ed and convicted of any larceny or other felony, at the prayer prosecutor
of the prosecutor and on consideration of his circumstances, in open 25 {$135
court, to order the treasurer of the city or county, in which the offence
shall have been committed, to pay unto such prosecutor such sum of
money as to the same court shall seem reasonable, not exceeding the
expences which it shall appear to the court the prosecutor was put unto
in carrying on such prosecution and making him a reasonable allowance
for his time and trouble therein, which order the clerk of such court is
hereby directed and required forthwith to make out and deliver to such
prosecutor, upon being paid for the same the sum of one shilling and
no more; and the treasurer of such city or county is hereby authorized
and required upon sight of such order, or as soon after as he shall have
monies sufﬁcient in his hands, forthwith to pay such prosecutor or other
person authorized to receive the same, such sum of money so ordered
to be paid as aforesaid.
And w/zereas the expence as well as loss of time in attending courts of
justice is a discouragement to the poorer sort to appear as witnesses
against offenders who thereby escape the public justice and the punish-
ment due to their crimes; therefore be it fart/ler enacted by the Court may
aaz‘lzorz'zfy aforesaid, That when any poor person shall appear on recog- ggfsfgseoxt'
nizance in any court to give evidence against another accused of any poor wit—
larcen or other felon it shall and ma be in the ower of the court Hesse-Sm
Y y, y P , be paid.
at the prayer and on the oath of such person and on consideration of
his or her circumstances, in open court, to order the treasurer of the
city or county in which the offence shall have been committed, to pay
unto such person such sum of money as to the said court shall seem
reasonable, for his or her time, trouble and expence; which order the
clerk of such court is hereby directed and required forthwith to make
out and deliver to such person, without fee or reward and such treas-
urer is herereby authorized and required, upon sight of such order, or
as soon after as he shall have monies sufﬁcient in his hands, forthwith
to pay to such person or other person authorized to receive the same,
such sum of money so ordered to be paid as aforesaid.
And be it furz‘lzer enaez‘ed by Z/ze aaz‘lzorz'z‘y aforesaid, That the treas- Moneys
urer of each city and county shall be allowed in his accounts, all such gggitbg’rder
sums as he shall pay upon any such warrant or order as aforesaid, which to be a’
. - count)
sums shall be considered and deemed as part of the contingent charge charge.
of such city or county; and that the several treasurers may be enabled
to comply with such warrants and orders, the supervisors of the several
counties are hereby required to cause a sum sufﬁcient for the purposes
aforesaid, to be raised, levied and collected in their respective counties,
yearly, in the same'manner as the contingent charges of the same county
are to be raised, levied and collected.
LAWS OF NEW YORK. [CHAR 38.
Over and
terminer
and gaol
delivery.
courts of;
what
judges to
constitute-
jurisdlc-
tion.
CHAP. 38.
AN ACT concerning courts of oyer and terminer, and gaol
delivery.
PASSED the 22nd of February, 1788.
Be 22‘ e/zaez‘ea’ a), Me People of Me Siaz‘e of New Yor/e, represented in
Se/zaz‘e ana’ Assem/zly, and 2'! is hereby erzaez‘ea’ oy f/ze aaf/zorz'z‘y of Z/ze same,
That the justices of the supreme court for the time being, or any or
either of them, together with the mayor recorder and aldermen of the
city of New York for the time being, or any three or more of them, of
’ whom either of the justices of the supreme court shall always be one,
in and for the city and county of New York, and together with the
mayor, recorder and aldermen of the city of Albany for the time being,
and the judges and assistant justices of the court of common pleas of
the county of Albany for the time being, or any three or more of them,
of whom either of the justices of the supreme court shall always be one,
in and for the city and county of Albany, and together with the judges
and assistant justices of the respective courts of common pleas of each
and every of the other counties of this State, for the time being, or any
three or more of them, of whom either of the justices of the supreme
court shall always be one, in and for each of the same counties respect-
ively, shall be, and hereby are authorized and impowered, by virtue of
their respective ofﬁces, and this act, without any other commission, from
time to time for ever hereafter, at such times and places in each of the
said cities and counties respectively, as the same justices of the supreme
court, or any or either of them shall hold the circuit court in the same
cities or counties respectively, to enquire by the oath of good and law-
ful men of the same cities and counties respectively, and by other ways
methods and means, by whom and by which the truth of the matter
may be the better known, of whatsoever treasons, misprison of treasons,
insurrections, rebellions, murders, felonies, homicides, killings, burglar-
ies, rapes of women, counterfeitings, unlawful congregations and assem-
blies, misprisons, confederacies, false allegations, trespasses, riots, routs,
extortions, escapes, contempts, falsities, negligencies, concealments,
maintenances, oppressions, champerties, conspiracies, deceits and other
misdoings, offences and injuries whatsoever, and also of the accessaries
to them, in the same cities and counties respectively, by whomsoever,
and howsoever, had, done, perpetrated or committed, or at any time
hereafter to be had, done, perpetrated or committed, and by whom, to
whom, when, where, and how, and in what manner; and of all other
articles and circumstances concerning the premises and every of them,
or any one or more of them, in any manner whatsoever; and the said
treasons and other the premises to hear and determine according to the
law of this State, doing therein that which to justice doth or shall apper—
tain; and also to deliver the goals in the same cities and counties respect-
ively, of the prisoners therein then being, doing therein what to justice
doth or shall appertain, according to the law of this State. Arza’furt/zer
that each and every of the said courts shall be held and continued in
each and every of the said cities and counties for so long time at each
session, as may be necessary to dispatch the business in the same city or
county, whether the circuit court for trial of issues in the same city or
county be then so long continued or not.
CHAP. 38.] ELEVENTH SESSION. 673
And be it fart/zer enaez‘ed by t/ze aui/zoriiy aforesaid, That the sheriff Grand
of the city and county of New York for the time being, and the respect- 3,123,332,,
ive sheriffs of each and every of the other counties in this State, for the of-
time being, shall cause to come before the justices of the supreme court
for the time being, and such other persons as are by this act authorised
and empowered to inquire, hear and determine as aforesaid, and to deliver
the goals in the several cities and counties of this State respectively, as
aforesaid, or any three or more of them, of whom either of the justices
of the supreme court shall always be one, at every circuit court to be
held in the same cities and counties respectively, twenty four good and
lawful men of the same cities and counties respectively to inquire for
the people of the State of New York, and the bodies of the same cities
and counties respectively, and to do and receive all those things which
on the behalf of the people of the State of New York sh ll be then and
there enjoined them; and also all the prisoners then being in the said
goals respectively, together with their attachments, indictments and all
other minuments any ways, concerning those prisoners; and likewise so
many good and lawful men of the same cities and counties respectively,
duly qualiﬁed to serve as jurors in the same cities and counties, as the
same justices of the supreme court, and other persons hereby are author-
ized and empowered to inquire hear and determine as aforesaid, and to
deliver the same. goals as aforesaid, or any three or more of them, of
whom either of the justices of the supreme court always to be one, shall
from time to time direct, by- whom the truth of the matter may be the
better known and inquired into, and who have no afﬁnity to those pris-
oners. And the said respective sheriffs shall cause to be publicly pro-
claimed throughout their respective bailiwicks and counties, that all
those who will prosecute against those prisoners be then and there to
prosecute against them, as shall be just; and shall also give notice to all
justices of the peace, coroners, bailiffs and constables within their respect-
ive bailiwicks and counties, that they be then and there in their own
persons with their rolls, records, indictments and other remembrances
to do those things which to their ofﬁces in that behalf shall appertain to
be done. And the ‘said respective sheriffs and their respective under
sheriffs, together with their respective bailiffs and other ofﬁcers shall
then and there attend in their own proper persons, to do those things
which to their ofﬁces do or shall appertain in that behalf to be done.
AizdfarZ/zer, that the clerk of the supreme court for the time being shall Precept to
from time to time, as soon as conveniently may be after any and every ‘emits’
circuit court shall be appointed to be held in the respective cities and
counties of this State, and at least ﬁfteen days before the time of hold-
ing the said courts respectively, in the said respective cities and coun-
ties, issue precepts under the seal of the same supreme court, directed
to the respective sheriffs of the same cities and counties respectively, for
the purposes aforesaid, mentioning the day and place when and where
the same courts are to be held, and commanding the same sheriffs
respectively to do what is hereby required of them, and that the said
precepts shall always be in the name of the people of the State of New
York, and be tested in the name of the chief justice of the same supreme
court. Provided that in case the ofﬁce of chief justice shall be vacant,
the precepts shall be tested in the name of the next senior justice of the
said supreme court.
And be it further enaez‘ed by the auz‘lzority aforesaid, That nothing in Mayor,
this act shall extend to authorize the mayor, recorder and aldermen of ggtggsogf
the city of New York or any or either of them, to sit or act as justices pleas. em.
. . . . tt '1;
of the said courts of oyer and terminer and goal delivery or either d331, £81
VoL. 2. —85
674
LAWS OF NEW' YORK [CHAR 38.
theh‘re-
specﬂve
counties.
Comnﬁs-
sions of
oyerand
tenniner
issued by
thegov-
ernor.
them in any place out of the city of New York; nor to authorize the
mayor, recorder and Aldermen of the city of Albany~or any or either of
them, or the judges and assistant justices of the court of common pleas
of the county of Albany, or any or eitherof them, to sit or act as justices
of the said courts of oyer and “terminer and goal delivery or either of
them, in any place out of the said county of Albany; nor to authorize
the judges and assistant justices of the courts of common pleas of any of
the other counties of this State, or any or either of them, to sit or act
as justices of the said courts of oyer and terminer and goal delivery or
either of them, in any place out of their respective counties.
A 12d be it fzirz‘ber elzaez‘ed by Me aai/zoriiy aforesaid, That it shall and
may be lawful for the person administering the government of this State
for the time being, by and with the advice and consent of the council of
appointment for the time being, to grant and issue commissions of oyer
and terminer and goal delivery, or either of them, in the manner and
form heretofore used, at any time or times hereafter, when and as often as
occasion shall require. But the justices of the supreme court for the
time being, shall always be named in such commissions, as the justices or
commissioners, with such others as the person administring the govern-
ment of this State, by and with the advice and consent of the council of
appointment may think proper, to execute the same: And no such
commission shall at any time be executed, nor any proceedings there-
upon had, without the presence of one or more of the justices of the
supreme court.
And be if fari/ier eizaez‘ed by i/ze aai/zorizy aforesaid, That it shall and
may be lawful for the justices hereby authorised and empowered to
enquire hear and detirmine felonies as aforesaid, and for all other jus—
tices who shall be duly assigned to hear and determine any such felo-
nies, to directtheir writs into all .he cities and counties of this State
where need shall be to arrest and take such persons as shall be indicted
or appealed before them or any of them.
And be ii‘ farilzer enacted by z‘be azii/zorizy aforesaid, That no-manner
of process or suit, made, sued or had, or hereafter to be made, sued or
had before any justice of assise, justices of goal delivery, oyer and ter-
miner, or other commissioners of the people of this State, shall in any
wise be discontinued by the making and publishing of any new commis-
sion or association, or by altering the names of the justices of assise,
goal delivery-and oyer and terminer, or other commissioners, but that
the new justices of assise, goal delivery, oyer and terminer, and other
vcommissioners, shall and may proceed in every behalf as the old justices
.and commissioners might have done, if their commissions and authority
.had still remained and continued not altered.
And be if f art/ter eizaeied by t/ze aai/zoriiy aforesaid, That in all cases
'where any person or persons heretofore have been or hereafter shall be
found guilty of any manner of treason, murder, rape, or other felony
whatsoever; for which judgment of death should or may ensue, and
shall be reprieved, without judgment at that time given against him, her
or them, so found guilty, that those persons who at any time hereafter
shall by virtue of this act deliver the goal where any such person or
persons so found guilty shall remain, or those persons who shall at any
time thereafter by commission be assigned justices to deliver the same
goal, shall have full power and authority to give judgment of death
against such person and persons so found guilty and reprieved, as the
same justices before whom such person or persons was 01 were found
guilty might have done, if their commission or authority had remained
.and continued in full force and strength.
CHAP. 40.] ELEVENTH SESSION. 67.5
And be it fart/ler enacted by the authority aforesaid, That the justices of
assise, goal delivery, and oyer and terminer shall once in every year
send all their record and processes determined and put in execution to
the exchequer there to remain of record.
And be it fart/ler enacted by the aat/zority aforesaid, That no person
little or great shall sit upon the bench with the justices to take assises
or with the justices of oyer and terminer and goal delivery in their ses-
sions, upon pain of ﬁne and imprisonment. And the said justices are
hereby charged that they do not suffer any person to sit with them on
the bench in their session, contrary to the intent of this act.
And be it fart/ler enactea’ by t/ze aat/zority aforesaid, That the said
courts of general goal delivery in the several cities and counties shall
have power to deliver the goals of those prisoners who shall be indicted
before the justices of the peace in the same cities and counties respec-
tively.
CHAP. 39.
AN ACT to continue the act for the appointment of an auditor,
and the settlement of the public accounts of this State.
Passer) the 22d of February, 1788.
Be it enacted by the People of the State of New York, rebreserzted in Act ap-
Serzate and Assembly, and it is hereby enacted by t/ze azct/zorizy of t/ze same, That the act entitled “An act further to continue and amend an act continued-
entitled an act for the appointment of an auditor and the settlement of
the public accounts of this State,” shall be and hereby is continued in
full force and virtue to all intents and purposes, until the twenty ﬁrst
day of March, which will be in the year of our Lord one thousand seven
hundred and ninety.
And be it fart/ler enacted by t/ze aat/zority aforesaid, That the time Time for
limited for the payment of quit rents and commutation for annual quit giggling
rents, in and by the ﬁrst section of the act entitled “An act to amend extended-
an act entitled an act for the collection and commutation of quit rents ”
shall be, and hereby is extended to the ﬁrst day of May which will be
in the year one thousand seven hundred and eighty nine. Andfart/zer,
that it shall and may be lawful for the auditor of this State for the time
being, and he is hereby required, to do and perform every act, matter
and thing, which the treasurer is directed to do and perform, in and by
the said act, and in and by the act entitled “An act for the collection
and commutation of quit rents.”
CHAP. 40.
AN ACT concerning slaves.
PASSED the 22d of February, r788.
WHEREAS in consequence of the act directing a revision of the laws preamble,
of this State, it is expedient that the several existing laws relative to
slaves, should be revised, and comprized in one. Therefore,
676 LAWS or NEW YURK. [CHAR 4o,
Slaves to Be [1'' enacted by file People of z‘be S/a/e of New York, represerzz‘ed z'n
Senaz‘e and Assembly, and it is bereby e/zaez‘ed by Z/ze aaZ/zorz'zj’ of f/ze same,
tlillgglilgliiss That every‘ negro, mulattoor mestee, within this State, who at the time
wt of the passing of this act, 15 a slave, for his or her life, shall continue
such, for and during his or her life, unless he or she, shall be manumit-
ted or set free, in the manner prescribed in and by this act, or in and
by some future law of this State.
children And be it farl'ber erzaez'ed by the autism zl‘y afo/ esaz'd, That the children
of every negro, mulatto or mestee woman, being a slave, shall follow
0f mother- the state and condition of the mother, and be esteemed, reputed, taken
and adjudged slaves to all intents and purposes whatsoever.
Baptism A 12d be z'z‘farZ/zer ezzaez‘ed by t/ze azzt/zorz'ty aforesaid, That the baptizin g
lg’ctttsf’eﬁfj of any negro, or other slave, shall not be deemed, adjudged, or taken,
itude- to be a manumission of such slave.
Ijnporta- And to prevent the further importation of slaves into this State,
gjgge‘slffor Be it fart/zer enacted by f/ze aal/zorz'ty aforesaid, That if any person shall
sale, pro- sell as a slave within this State, any negro, or other person, who has been
‘med’ imported or brought into this State, after the ﬁrst day of june, in the
year of our Lord one thousand seven hundred and eighty ﬁve, or who
shall be imported or brought into this State, after the passing of this act,
such seller, or his or her factor or agent, making such sale, shall be
deemed guilty of a public offence, and shall for every such offence, for-
feit the sum of one hundred pounds, current money of this State, to be
recovered by any person, who will sue for the same, with costs of suit,
by action of debt, in any court of record within this State, having cog-
nizance thereof; the one half of which forfeiture, when recovered, to be
paid to the treasurer of this State, for the use of the people thereof; and
the other half to the person, who shall sue for the same to effect. Am?
fzzrZ/zer, That every person so imported or brought into this State, and
sold contrary to the true intent and meaning of this act, shall be free.
purchase ,Arzd be it fart/zer enacted by Me aaz‘borz'zj) aforesaid, That if any per-
‘f’gjlrg‘fes son shall, at any time purchase or buy, or shall, as factor or agent to
moval to another, take or receive any slave, with intent to remove, export, or
g',‘;,“§§{.o_ carry such slave from this State, to any other place without this State,
hibibed- and there to be sold, the person so-purchasing or buying, or so as fac-
tor or agent, receiving or taking a slave, with such intent as aforesaid,
shall be deemed to have committed an offence, against the people of
this State, and shall for every such offence, forfeit the sum of one hun-
dred pounds, to be recovered with costs, by any person who will sue for
the same; the one moiety to the use of the people of this State, and the
other moiety to the use of the person, who will sue for the same ; and
the slave so purchased, bought, taken, or received, shall be, immediately
after he or she shall be so purchased, bought, received, or taken, and
hereby is declared to be, free.
Concealing A 11d be z'z‘farz‘lzer enacted by t/ze aat/zorz'z‘y aforesaid, That if any person
or persons, shall, after the passing of this act, employ, harbour, conceal
or entertain, any negro or other slave, knowing such negro or other
slave, to be the slave of any other person or persons, without the con-
sent of the owner or owners of such slave, he, she or they shall forfeit,
to the owner or owners of such slave, the sum of ﬁve pounds, for every
twenty four hours, and in that proportion, for a greater or less time,
while such slave shall have been employed, harboured, concealed or
entertained as aforesaid; but that such forfeiture, shall not in the whole,
exceed the value of such slave. And further, that if any person or per-
sons, shall be found guilty of harbouring, entertaining, or concealing
any slave, or of assisting to convey him or her away, and if such slave
CHAP. 40.] ELEVENTH SESSION. 67
*1
shall be lost, die or be otherwise destroyed, the person or persons so
harbouring, entertaining, concealing, assisting or conveying away such
slave, shall be liable to pay to the owner or owners of such slave, the
value thereof; which several sums of money shall, and may be recovered
by action of debt, with costs of suit, in any court of record, having cog-
nizance thereof.
A ad be ii‘ farz‘lzer enacted by the aai/zorizy aforesaid, That no person or Tratﬁc
persons, shall trade or trafﬁck, with any slave or slaves, either in buying “'lth slaves
or selling, without leave or consent, of the master or mistress of such
slave or slaves, on pain of forfeiting treble the value of the thing or
things traded for, and also the sum of ﬁve pounds to the master or mis-
tress of such slave or slaves, for each offence, to be recovered with costs,
against the person or persons so trading, contrary to the true intent and
meaning of this act, by action of debt, in any court having cognizance
thereof. Andfart/zer, that every contract or bargain so made, or to be
made, with any slave or slaves, without consent of his, her or their mas-
ter or mistress, shall be utterly void.
And be it furi/zer eizaez‘ed by i/ze azez‘lzoriz‘y aforesaid, That if any per- selling
son or persons, shall sell any ruin or other strong liquor, to any slave or $132; t‘,’.0_
slaves, without the consent of his or her master or mistress, and shall hibite -
thereof be convicted, upon complaint made by the master or mistress of
such slave or slaves, before any justice of the peace, mayor, recorder or
alderman, in the city or county where the offender shall dwell or reside,
shall forfeit and pay the sum of forty shillings, for every such offence,
to be recovered with costs, before any such justice, mayor, recorder or
alderman, the one half of which forfeiture, when recovered, shall be paid
to such master or mistress, and the other half to the overseers of the
poor, of the city or town where such offence is committed.
And be iz‘furt/zer enacted by the aat/zorizfy aforesaid, That if any person Theft by
or.persons, shall, by theft or other trespass, committed by any slave or Slaves‘
slaves, sustain damages to the value of ﬁve pounds or under, the owner
or owners of such slave or slaves shall be liable to make satisfaction for
such damages, to the party injured, to be recovered by action of debt,
with costs of suit in manner aforesaid.
And be iz‘farz‘ber erzaez‘ed by i/ze azei/zoriz‘y aforesaid, That if any slave Assault on
shall strike a white person, it shall be lawful for any justice of the peace, $31,‘? per‘
to commit such slave to prison; and such slave, shall thereupon be tried
and punished in the manner directed in cases of petit larceny, in and by
the act entitled “An act for the speedy punishment of such persons as
shall commit any offences under the degree of grand larceny.”
A 12d be it fari/zer eizaez‘ed by i/ze azei/zorizy aforesaid, That all negroes Jury trial
and other persons whatsoever, commonly reputed and deemed slaves, gggggfital
shall forever hereafter, have the privilege of being tried by a jury in all
capital cases, according to the course of the common law.
And be it farZ/zer enaeied by file aai/zorizj/ aforesaid, That from and Slavesas
after the passing of this act, no slave shall be admitted a witness, for or Wltnesses‘
against any person, in any matter, cause or thing whatsoever, civil or
criminal, except in criminal cases, in which the evidence of one slave,
shall be admitted for or against another slave.
And be it furi/zer eaaeied by t/ze aai/zoriz‘y aforesaid, That from and Begging by
after the passing this act, no person or persons within this State, shall Slaves‘
knowingly and willingly, suffer or permit, his, her, or their slave to go
about begging of others, victuals, clothing or other necessaries; and if
any person or persons shall be guilty of an offence, against this clause
of this act, he, she or they, shall for every such offence, forfeit the sum
of ten pounds, to be recovered by action of debt, with costs of suit, in
LAWS OF NEW YORK. [CHAR 40.
Pretended
sales of
decrepit
slaves.
Manumis-
SIOll of
slaves.
1d.
any court of record within this State, by any person or person who will
sue for the same; the one half of which forfeiture, when recovered, to
be paid to the overseers of the poor of the city or town where such
offence shall be committed; and the other half to the person or persons
who shall sue and prosecute for the same to effect.
A no’ be if furt/zer enaez‘ed by i/ze aaz‘borizj/ aforesaid, That if any per-
son or persons shall by any collusive conveyance or fraudulent agree-
ment, sell or dispose, or pretend to sell or dispose of any aged or decrepid
slave, to any person or persons, who is or are, unable to keep and main-
tain such slave or slaves, such sale or pretended sale, shall be absolutely
void, and the person or persons making such sale, or pretended sale, shall
forfeit the sum of twenty pounds, for each offence; and shall moreover
be deemed, the owner or owners of such slave or slaves, within the true
intent and meaning of the next preceding section of this act; which for-
feitures shall be recovered and applied, in the manner directed in and
by the said section.
And be it fari/zer enaeied by tile aut/zoriiy aforesaid, That when the
owner or owners of any slave, under ﬁfty years of age, and of sufﬁcient
ability to provide for himself, or herself, shall be disposed to manu-
mit such slave, he, she or they, shall previous thereto, procure a certiﬁ-
cate, signed by the overseers of the poor, or the major part of them, of
the city, town or place, and of two justices of the peace of the county,
where such person or persons shall dwell or reside; and if in the cities of
New York or Albany, then from the mayor or recorder, and any two of
the aldermen, certifying that such slave appears to be under ﬁfty years
of age, and of sufﬁcient ability to provide for himself, or herself, and
shall cause such certiﬁcate of manumission, to be registered in the ofﬁce
of the clerk of the city, town or place, in which the owner or owners of
such slave, may reside; that then it shall be lawful for such person or
persons, to manumit such slave, without giving or providing any security,
to indemnify such city, town or place. And every slave so manumitted,
shall be deemed, adjudged and taken, to be free; and the clerk for
registering such certiﬁcate, shall be entitled to two shillings, and no
more.
And be iifziri/zer enacted by i/ze aziiboriiy aforesaid, That if any person,
by his or her last will and testament, shall give his or her slave, freedom,
such slave being at the death of the testator or testatrix, under ﬁfty
years of age, and also of sufﬁcient ability to provide for himself, or her-
self, to be certiﬁed in manner aforesaid, such freedom given as afore-
said, shall without any security to indemnify the city, town or place, be
deemed, taken and adjudged to be good and valid, to all intents and
purposes. Aizd fari/zer, that if the owner or owners of any other slave,
shall be disposed, to manumit and set at liberty, such slave, and such
owner or owners, or any other sufﬁcient person, for, or in behalf of such
slave, shall and do, at the court of general sessions of the peace, for the
city or county, where such negro or other slave shall dwell or reside,
enter into a bond, to the people of the State of New York, with one or
more surety or sureties, to be approved by such court, in a sum, not less
than two hundred pounds, to keep and save such slave from becoming
or being any charge to the city, town or place within this State, wherein
such slave shall at any time, after such manumission, live, the said slave
shall be free, according to such manumission of the owner or owners of
uch slave. Andfari/zer, if any such slave hath been, or hereafter shall
oe made free, by the last will and testament of any person deceased, and
if the executor or executors of such person so deceased, or in case of
the neglect or refusal of such executor or executors, if any other sufﬁ-
can». 42.] ELEVENTH SESSION 67 9
cient person, for, and in behalf of such slave, shall and do, enter into
such surety as aforesaid, in manner aforesaid, then the said slave shall
be free, according to the true intent and meaning of such last will and
testament. A/zd moreover, that if any person shall, by last will or other-
wise, manumit or set free, his or her slave, and no such certiﬁcate or
security as aforesaid be given or obtained, such slave shall nevertheless,
be considered as freed from such owner, his or her executors, adminis—
trators and assigns. But such owner, his and her heirs, executors, and
administrators, shall remain and be liable, to support and maintain, such
slave, if the same slave shall become unable to support and maintain
himself or herself. ‘
CHAP. 41.
AN ACT, in the form of the act, recommended by the resolution
of the United States in Congress assembled, of the twenty_ﬁrst
day of March, one thousand seven hundred and eighty seven,
to be passed by the several States, relative to the treaty of
peace between the United States, and the king of Great Britain.
PASSED the 22d of February, 1788.
W'HEREAS certain laws or statutes made and passed in some of the Preamble.
United States are regarded and complained of, as repugnant to the treaty
of peace with Great Britain, by reason whereof not only the good faith
of the United States, pledged by that treaty, has been drawn into ques-
tion, but their essential interests under that treaty greatly affected: And
zo/zereas justice to Great Britain, as well as regard to the honour and
interests of the United States, require that the said treaty be faithfully
executed, and that all obstacles thereto and particularly such as do or
may be construed to proceed from the laws of this State, be effectually
removed; T/zerefore be it enacted by t/ze People of tbe State of New Acts re-
Yor/Iz, represented in Senate and Assembly, and it is lzereby enacted by t/ze aat/zority of tbe more, That such of the acts, and parts of acts, of the re‘
legislature of this State, are as repugnant to the treaty of peace between pealed.
the United States and his Britanic majestv, or any article thereof, shall
be, and hereby are repealed. And fart/2e , that the courts of law and
equity within this State, be, and they hereby are directed and required,
in all causes and questions cognizable by them respectively, and arising
from or touching the said treaty, to decide and adjudge according to
the tenor, true intent and meaning of the same; any thing in the said
acts or parts of acts to the contrary thereof in any wise notwithstanding.

CHAP. 42.
AN ACT for suppressing immorality.
PASSED the 23rd of February, 1788.
Be it enacted by the BeopZc of tbe State of New York, represented in Sunday,
Senate and Assembly, and it is lzereby enacted by the authority of the same, gg’stgaxm
That there shall be no travelling, servile labouring, or working, (works
of necessity and charity excepted) shooting, ﬁshing, sporting, playing,
LAWS OF NEW YORK. [CHAR 42.
Persons
observing
Saturday
as holy
time.
Service of
process
prohibited.
horse racing, hunting or frequenting of tipling houses or any unlawful
exercises or pastimes, by any person or persons within this State, on
the ﬁrst day of the week commonly called Sunday. And that every
person being of the age of fourteen years or upwards, offending in the
premises, shall, for every such oﬁfence, forfeit and pay to the use of the
poor of the city or town where such offence shall be committed, the sum
of six shillings; and that no person shall cry, shew forth or expose to
sale, any wares, merchandize, fruit, herbs, goods or chattels, upon the
ﬁrst day of the week commonly called Sunday, except small meat and
milk, and ﬁsh, before nine of the clock in the morning, upon pain that
every person so offending shall forfeit the same goods so cried, shewed
forth or exposed to sale, to the use of the poor of the city or town
where such offence shall be be committed; and if any person offending
in any of the premises shall be thereof convicted, before any justice of
the peace for the county, or any mayor, recorder or aldermen of the
city, where the offence shall be committed, upon the view of the said
justice, mayor, recorder or alderman, or confession of the party offend-
ing, or proof of any witness or witnesses upon oath, then the said jus~
tice, mayor, recorder or alderman, before whom such conviction shall
be had, shall direct and send his warrant, under his hand and seal, to
some constable of the city or county where the offence shall have been
committed, commanding him to seize and take the goods so cried,
shewed forth or exposed to sale as aforesaid, and to sell the same, and
to levy the said other forfeitures or penalties, by distress and sale of the
goods and chattels of such offenders, and to pay the money arising by
the sale of such goods so seized, and the said other forfeiture or penal-
ties, to the overseers of the poor of the city or town, where the said
offence or offences shall have been committed, for the use of the poor
thereof. And in case no such distress can be had, then every such
offender, shall, by a warrant under the hand and seal of the said justice,
mayor, recorder or alderman, be set publickly in the stocks by the space
of two hours. And farz'lzer, that if any person shall be found ﬁshing,
sporting, horse-racing, hunting, gunning or going to or returning from
any market or landing, with carts, waggons or sleds, on the ﬁrst day of
the week called Sunday, it shall be lawful for any constable or other
citizen to stop every person so offending, and to detain him or her until
the next day, and then to carry or convey him or her to some justice of
the peace, to be dealt with according to law. J’rooided always, That
no person going to or returning from, any church or place of Worship,
within the distance of twenty miles, or going to call a physician, sur-
geon or midwife, or carrying a mail to or from any post ofﬁce, or going
express by order of any public ofﬁcer, shall be considered as travelling
within the meaning of this act.
And be it farz‘lzer enacted by ilze auibority aforesaid, That if any per-
son charged with having laboured or worked on the said ﬁrst day of the
week called Sunday, and shall be brought before a justice of the peace
to answer to such charge, and shall then and there prove, to the satis-
faction of the said justice, that he or she uniformly keeps the last day .
of the week as holy time, and does not labour or Work on that day, then
such defendant shall be discharged. Provided always, that the work
or labour with which he or she is charged, has not disturbed other per-
sons in the observance of the ﬁrst day of the week as holy time.
And be it furz‘lzer enacted by the aut/zoriiy aforesaid, That no person
or persons, upon the ﬁrst day of the week commonly called Sunday,
shall serve or execute or cause to be served or executed, any writ, pro-
cess, warrant, order, judgment or decree (except in cases of treason,
CHAP. 42.] ELEVENTH SESSION. 681
felony, or breach of the peace,) but that the service of every such writ,
process, warrant, ordei, judgment or decree shall be void to all intents,
and purposes whatsoever; and the person or persons so serving or exe—
cuting the same, shall be as liable to the suit of the party grieved, and
to answer damages to him for doing thereof, as if he or they had done
the same without any writ, process, warrant, order, judgment or decree
at all.
And be ii‘ furi/zer enacted by i/ze aai/zoriz‘y aforesaid, That if any per- Profanity,
son or persons shall at any time or times hereafter, profanely swear or Ejggg’ljgn
curse, and be thereof convicted, by the confession of the party offend-
ing, or on the oath of any one or more witness or witnesses, or in the
manner herein after mentioned, before any justice of the peace for any
county, or any mayor, recorder, or alderman of any city in this State,
every person so offending, shall, for every such offence, forfeit and pay
to the use of the poor of the city or town. where such offence or offences
shall be committed, the sum of three shillings.
And be- ii‘ fari/zer enacted by {be aui/zorizy aforesaid, That in case any Id.
person shall profanely swear- or .curse in the presence and hearing of
any justice of the peace for any county, or in the presence and hearing
of any mayor, recorder or alderman of any city, while in the execution
of his ofﬁce, every such justice of the peace, mayor, recorder or alder-
man, shall and is hereby authorized and required to convict every such
offender, of such offence, without any other proof whatsoever.
And be iz‘fart/zer eizaeted by z‘lze aai/zoriiy aforesaid, That in case any Profane
person, who shall be convicted of profanely swearing or cursing, shall 3,62%? put
not immediately pay down the respective sums so forfeited, with the Ewcksif
charges of such conviction, or give security to the satisfaction of the p231?“
justice, mayor, recorder or alderman, before whom such conviction is
had, for the payment thereof Within six days, then every such offender,
being above the age of sixteen years, shall, by warrant under the hand
and seal of such justice, mayor, recorder or alderman, be set publickly
in the stocks, by the space of one hour, for every single offence, and for
any number of offences, whereof any such offender shall be convicted,
at one and the same time, two hours; but if the offender shall not be
above the age of sixteen years, and shall not forthwith pay the said for-
feitures, or give security for payment thereof, the parent or master shall
pay, the same, to be recovered as aforesaid.
And be it fari/ier eizaez‘ed by i/ze am’borizy aforesaid, That if any per- Drunken-
son shall be drunk, and of the same offence of drunkeness shall be law- $5155?‘
fully convicted, before any justice of the peace for the county, or before
the mayor, recorder or any alderman of the city, wherein such offence
shall be committed, either upon the view of such justice, mayor, recorder
or alderman. or 'upon the confession of the party offending, or proof of
any one or more witness or witnesses, on oath, every person so offend-
ing, shall forfeit and pay, for every such offence, three shillings, to the
use of the poor of the city or town wherein such offence shall be com-
mitted. And in case any person who shall be convicted of drunkeness
as aforesaid, shall not immediately pay down the sum so forfeited, with
the charges of such conviction, or give security to the satisfaction of the
justice, mayor, recorder or alderman, before whom such conviction is
had, for the payment thereof, within six days, every such offender shall,
by warrant under the hand and seal of such justice, recorder, or alder-
man be set publickly in the stocks, by the space of two hours.
And be ii‘ furt/zer eizaeied by z‘lze aai/zoriz‘y aforesaid, That every jug-$532153}?
tice of the peace, mayor, recorder or alderman, shall, immediately upon fenders 1:0
. . . b ' r
1nformat1on given, upon oath, of any constable, or other peace ofﬁcer, or 1,3515%?—
VOL. 2. -— 86
68?.
LAWS OF NEW YORK. [CHAP. 42.
Record _of
conviction,
form of.
Costs of_
conviction.
Forfeiture
to be paid
to overseer
of poor.
All just-
ices, etc.,
to act.
Prosecu-
tion to be
brought in
of any other person, whatsoever, cause the offender and offenders against
this act, to appear before him, and upon such information being proved
as aforesaid, shall convict such offender and offenders, in such manner
as in and by this act is prescribed.
And be itfarz‘lzer enacted by i/ze aai/zorizfy aforesaid, That every justice
of the peace, mayor, recorder and alderman, before whom any person or
persons shall be, by virtue of this act, convicted of any of the offences
aforesaid, shall cause such conviction to be drawn up in the form fol-
lowing.
City of New York, (or Westchester county, or other city or county, as
the case may require) to wit, be it remembered that on the day
of in the year of our Lord one thousand A. B.
was convicted before me C. D. (mayor or recorder, or one of the alder-
men) of the said city (or one of the justices of the peace of the said
county) of crying (or shewing forth, or exposing to sale) one (or two or
more, specifying the number, quantity and kind of goods) on a Sunday,
in the said city (or the town of in the said county) or (of
travelling or doing servile work, or labour or of shooting. ﬁshing, sport-
ing, playing, horse-racing, hunting or frequenting tipling houses, or using
some unlawful exercise or pastime) on Sunday (or) of swearing one (or
two or more) profane oath (or oaths) (or) of cursing one (or two or
more) profane curse (or curses) (or) of having been drunk in the said
city (or at the town of in the said county) as the case may
require. Given under my hand and seal the day and year abovesaid.
And such conviction shall not be liable to be removed by certiorari
into the supreme court, but shall be deemed and taken to be ﬁnal to all
intents and purposes whatsoever.
And be ii‘ fari/zer enaez‘ed by i/ze azzi/zorizfy aforesaid, That all charges of
the information and conviction of any such offender, shall be borne and
paid by the party offending, if able, over and above the penalties
inﬂicted by this act, which charges shall be settled and ascertained by
the justice, mayor, recorder, or alderman, before whom such conviction
shall be had, but shall in no case exceed ‘in the whole three shillings.
And the justice, mayor, recorder or alderman, before whom any pro-
ceedings shall be had upon this act, or his clerk, may take, for the infor-
mation, summons, conviction and warrant thereupon, one shilling and
no more; and if the offender shall be set in the stocks for the same
offence, no charges whatsoever shall be paid by any person whomsoever.
A no’ be it fart/ter enacted by Me azzi/ioriiy aforesaid, That it shall and
may be lawful for every such offender to pay the said forfeitures and
charges to the justice, mayor, recorder or alderman, before whom such
conviction is had; and such justice, mayor, recorder or alderman, shall
receive the same, and as soon as conveniently may be, pay the same
forfeitures to the overseers of the poor of the city or town where such
offence was committed, for the use of the poor thereof.
A 12d be i.- fzzri/zer ezzaez‘ed by Me aai/zoriz‘y aforesaid That all and every
justice of the peace for the county, and every mayor, recorder or alder-
man of the city, wherein any such offence shall be committed, may, and
they are hereby respectviely authorized and required to put this act in
execution, against any person or persons within their respective juris-
dictions, although such justice, mayor, recorder or alderman, shall be
rated and pay to the relief of the poor of the city or town where any
offence contrary to the true intent and meaning of this act shall be
committed; any law or statute to the contrary notwithstanding.
And be it far/ber eizaefed by i/ze az/f/zorifv aforesaid, That no person
shall be prosecuted or troubled for any offence against this act, unless
CHAP. 43.] ELEVENTH SESSIGN.
683
the same be proved or prosecuted within twenty days, next after the
offence committed.
And be it fart/ter enacted by tile azct/zority aforesaid, That if any suit
or action shall be commenced or brought against any justice of the
peace, mayor, recorder, alderman, constable or other ofﬁcer or person
whatsoever, for doing or causing to be done any thing in pursuance of
this act, concerning any of the said offences, the defendant in such action
or suit may plead the general issue, and give the special matter in evi-
dence; and if in any such action or suit, a verdict shall be given for the
defendant or the plaintiff become non suit or discontinue his action,
then the defendant shall have treble costs.
CHAP. 43.
AN ACT for the limitation of criminal prosecutions, and of
actions and suits at law.
PASSED the 26th of February, 1788.
t t
(1:33. y
Actions
against.
public oﬁ’i-
cerfor
acts done.
WHEREAS it is necessary for the peace of society that certain times Statute of
be limited for bringing all actions and suits at law; t/zerefore be it enacted
by t/ce People of t/ze State of N ew York, represented in Senate and A sseni-
limitations;
the State
notto
maintain
bly, and it is lzereby enacted by t/ze aut/zoriz‘y of tbe same, That the people claim to
of the State of New York shall not, nor will, at any time after the ﬁrst
day of january which will be in the year one thousand eight hundred,
sue. impeach, question or implead, any person or persons, bodies politic
or corporate, for, or in any wise concerning, any manors, lands, tene-
ments, rents or hereditaments whatsoever, (other than liberties or fran-
chises) or for or in any wise concerning, the revenues, issues or proﬁts
thereof, or make any title, claim, challenge or demand, of, in- or to
the same, or any of them, by reason of any right or title which hath
not ﬁrst accrued and grown, or which thall not thereafter ﬁrst accrue
and grow within the space of forty years next before the ﬁling, issuing
or commencing of every such action, bill, plaint, information, commis-
sion or other suit or proceeding, as shall at any time or times thereafter,
be ﬁled, issued or commenced, for recovering the same, or in respect
thereof, unless the people of the State of New York, or some other per-
son or persons, bodies politic or corporate, under whom the people of
the State of New York any thing have or lawfully claim, or thereafter
shall have or lawfully claim, have or shall have been answered by force
and virtue of any such right or title to the same, the rents, revenues,
issues or proﬁts thereof, or the rents, issues or proﬁts of any manors or
other hereditaments, whereof the premises in question shall be part or
parcel, within the said space of forty years. And fart/cer, that all and
every person or persons, bodies politic or corporate, their heirs and
successors, and all claiming by, from or under them, or any of them,
for and according to their and every their several estates and interests,
which they have or claim to have, or hereafter shall or may have or claim
to have in the same respectively, shall‘ at all times hereafter quietly and
freely, have, hold and enjoy, against the people of the State of New
York, claiming by any title which hath not ﬁrst accrued or grown, or
which shall not thereafter ﬁrst accrue or grow within the space of forty
years, all and singular the manors, lands, tenements, rents and heredita-
ments whatsoever, (other than liberties and franchises) which he or they,
real prop-
erty after
forty years
684
LAWS OF NEW YORK. [CHAR 43.
Real ac-
tions;
sixty years’
adverse
possession.
or his or their, or any of their ancestors or predecessors, or those from,
by or under whom, he or they, do or hereafter shall, claim, or have, or
hereafter shall have held or enjoyed or taken the rents, revenues, issues
or proﬁts thereof, by the space of forty years next before the ﬁling,
issuing or commencing of every such action, bill, plaint, information,
commission or other suit, or proceeding, as shall at any time or times
thereafter be ﬁled, issued or commenced, for recovering the same, or in
respect thereof, unless the people of the State of New York or some
other person or persons, bodies politic or corporate, under whom the
people of the State of New York any thing have or lawfully claim, or‘
hereafter shall have or lawfully claim, in the said manors, lands, tene-
ments, rents or hereditaments, by force of any right or title, have been
or shall have been answered by virtue of any such right or title, the
rents, revenues, issues or other proﬁts thereof, within the said space of
forty years. Aizdfurilzer, that all and every person or persons, bodies
politic and corporate, their heirs and successors, and all claiming or to
claim, by, from and under them, or any of them, for and according to
their and every of their several estates and interests, which they have or
claim, or hereafter shall or may have or clain respectively, shall, forever
hereafter, quietly and freely, have, hold and enjoy all such manors,
lands, tenements, rents and hereditaments, (other than liberties and
franchises,) as they now have, claim or enjoy or hereafter shall or may
have, claim or enjoy, whereof the people of the State of New York, or
he or they, by, from or under whom the people of the State of New any
thing have or lawfully claim, or hereafter shall have or lawfully claim, or
some of them, by force of some right or title to the same, have not or shall
not have been answered by virtue of such right or title, the rents, reve-
nues, issues or proﬁts thereof, within the space of forty years, next before
the ﬁling, issuing or commencing of every such action, bill, plaint,
information, commission or other suit or proceeding, as shall at any
time or times thereafter be ﬁled, issued or commenced, for recovering
the same, or in respect thereof, within the said space of forty years,
against all and every person and persons, his and their heirs and assigns,
having, claiming or pretending to have, or who shall or may have, claim
or pretend to have, any estate, right, title, interest, claim or demand
whatsoever, of, in or to the same, by force or colour of any letters patent,
or grants upon suggestion of concealment, or wrongful detaining, or
defective titles, or by, from or under any patentees or grantees, or any
letters patent or grants upon suggestion of concealment, or wrongful
detaining, or defective titles, of or for which said manors, lands, tene-
ments, rents and hereditaments, or any of them, no verdict, judgment,
decree, judicial order upon hearing, or sentence of any court, now stand-
ing in force, hath been had or given, or any such verdict, judgment,
decree, judicial order upon the hearing, or sentence of court, shall here-
after be had or given, in any action, bill plaint or information, in any
court of record in this State, for or in the name of the people of the State
of New York, or for any of the said patentees or grantees, or for their
or any of their heirs or assigns, within the space of forty years then last
past,or within the space of forty years next before the ﬁling, issuing or
commencing, of every such action, bill, plaint, information, commission,
or other suit or proceeding, as shall at any time or times hereafter be
ﬁled, issued, or commenced, for recovering the same, or in respect thereof
as aforesaid.
And be ii farl/zer e/zaez‘ed by t/ze aat/zoriz‘y aforesaid, That no person or
persons shall hereafter and before the ﬁrst day of january, which will
be in the year one thousand eight hundred, sue, have or maintain, any
CHAP. 43.] ELEVENTH sEssIoN.
Z)
68
‘service or other hereditaments, and cannot prove that he or they, or hi
writ of right, or make any prescription, title or claim, of, to or for, any
manors, lands, tenements, or other hereditaments, of the possession of
his or their ancestor, or predecessor, and declare and alledge any further
seisin or possession of his or their ancestor or predecessor, but only of
the seisin or possession of his or their ancestor or predecessor, which
hath been or now is, or shall be seised of the said manors, lands, tene-
ments or other hereditaments, within sixty years next before the teste
of the same writ, or next before the said prescription, title or claim so
hereafter to be sued, commenced, brought, made or had.
And be it fzeri/zer enacted by [be az/i/zoriz‘y aforesaid, That no manner
of person or persons shall hereafter, and before the said ﬁrst day of
january, which will be in the year one thousand eight hundred, sue,
have or maintain, any writ of entry, or other writ of action upon dis-
seisin done to any of his or their ancestors or predecessors, or any other
action possessary, upon the possession of any of his or their ancestors
or predecessors, for any manors, lands, tenements or other heredita-
ments, of any further seisin or possession of his or their ancestor or
predecessor, but only of the seisin or possession of his or their ancestor
or predecessor, which was or hereafter shall be seised of the same
manors, lands, tenements or other hereditaments, within ﬁfty years next
before the teste of the original of the same writ hereafter to be brought.
And be ii‘ fari/zer elzaez‘ed by i/ze aaz‘boriiy aforesaid That no manner
of person or persons, shall hereafter, and before the said ﬁrst day of
January which will be in the year one thousand eight hundred, sue,
have or maintain any action for any manors, lands, tenements or other
hereditaments, of or upon, his, her or their own seisin or possession
therein, above thirty years next before the teste of the original of the
same writ hereafter to be brought.
And be itfari/zer elzaez‘ed by i/ze az/i/zoriz‘y aforesaid, That no manner
of person or persons shall hereafter and before the said ﬁrst day of janu-
ary which will be in the year one thousand eight hundred, make any
avowry or cognizance for any rent, suit or service and alledge any seisin
of any rent, suit or service in the same avowry or cognizance, in the
possession of his, her or their ancestor or ancestors, predecessor or prede-
cessors, or in his her or their own possession, or in the possession of any
other, whose estate he, she or they shall pretend or claim to have, above
ﬁfty years next before the making of the said avowry or cognizance.
Provided nevertheless
Arid be if fari/zer enaez‘ed by i/ze aui/zoriz‘y aforesaid, That from and
after the said ﬁrst day of january, which will be in the year one thou-
sand eight hundred, no action real shall be maintained, and no avowry
or cognizance shall be made, unless on a seisin or possession of the
hereditaments, either of the demandant or plaintiff, or person making
avowry or cognizance, or of the ancestor or predecessor of such demand-
ant or plaintiff, or person making avowry or cognizance, within twenty
ﬁve years next before such action brought, or avowry or cognizance
made; with a saving that no part of the time during which the demand-
ant or plaintiff, or person making avowry or cognizance, shall have been
within the age of twenty one years, insane feme covert, or imprisoned,
shall be taken as part of the said period of limitation of twenty ﬁve
years. '
And be itfurz‘ber enaez‘ed by the aut/zorizy aforesaid, That if any person
or persons do at any time hereafter, sue any of the said actions or writs
for any manors, lands, tenements or other hereditaments, or make any
avowry, cognizance, prescription, title or claim, of or for, any rent, suit,
5
Fifty years’
ad verse
possessio n.
Thirty
years’ ad-
verse pos-
session.
Fifty years’
adverse
possession.
After Jan-
uary1,1800,
twenty-ﬁve
years to
bar real
action.
If proof of
possession
not made
in time
limited,
claimant
barred.
686
LAWS OF NEW YORK. [CHAR 43.
Writs to be
brought in
twenty
years.
Entry to be
made in
twenty
years.
Actions to
be brought
in six
years.
‘Four years.
Two years.
New ac-
tions to be
brought in
one year.
or their ancestors or predecessors, were in the actual possession or seisin
of and in the same manors, lands, tenements, rents, suits, services, annui-
ties, commons or other hereditaments, at any time or times within the
years before limited and appointed in this act, and in manner and form
aforesaid, if the same be traversed or denied by the party plaintiff,
demandant or avowant, or by the party tenant, or defendant, that then
and after such trial therein had, all and every such person and persons,
and their heirs and successors, shall from thenceforth be utterly barred
for ever, of all and every the said writs, actions, avowries, cognizance,
prescription, title or claim thereafter to be sued, had or made, of and
for the same manors, lands, tenements, hereditaments or other the prem-
ises, or any part of the sarne, for the which the same action, writ, avowry,
cognizance, prescription, title or claim, hereafter shall be so had sued
or made.
A ad a it furt/zer enacted a)’ f/ze auz‘lzorz'zj' aforesaid, That all writs of
formedon and scire facias upon ﬁnes, of any manors, lands, tenements,
or other hereditaments, hereafter to be brought, shall be sued and taken
within twenty years next after the title and cause of action ﬁrst descended
or fallen, and at no time after the said twenty years.
And ﬁe z'z‘ farf/zer marred by t/ze azd/zarz'z‘y afaresaz'd, That no person or
persons shall at any time hereafter, make any entry into any manors,
lands, tenements or hereditaments, but within twenty years next after
his or their right or title descended or accrued to the same, and in
default thereof such person or persons so not entering and his, her or
their heirs, shall be utterly excluded and disabled from such entry after
to be made. A/zdfart/zer that no claim or entry of or upon any manors,
lands, tenements or hereditaments, shall be a sufﬁcient entry or claim
within the meaning of this act, unless upon such entry or claim, an action
shall be commenced within one year next after the making of such entry
or claim, and prosecuted with effect.
And be z'z‘fart/zer enacted ay t/ze aat/zm'z'zfy aforesaid, That all actions of
trespass quare clausum fregit, all actions of trespass, detinue, actions of
trover and replevin for taking away of goods and chattles, all actions of
account and upon the case, other than such actions as concern the trade
of merchandize between merchant and merchant, their factors or serv-
ants; all actions of debt grounded upon any lending or contract without
speciality, all actions of debt for arrearages of rent, all suits and actions
in the court of admiralty for seamen’s wages, and all actions of assault,
menace, battery, wounding and imprisonment, or any of them, which
shall at any time hereafter be sued or brought, shall be commenced and
sued within the time and limitation hereafter expressed, and not after;
that is to say, the said actions upon the case, other than for slander, and
the said actions for account, and the said actions for trespass, debt, deti-
nue and replevin for goods or chattles, and the said actions of tresspass,
quare clausum fregit, and the said suits and actions for seaman’s wages,
within six years next after the cause of such actions or suits, and not
after; and the said actions of trespass for assault, menace, battery,
wounding and imprisonment, or any of them, within four years next after
the cause of such actions or suits, and not after; and the said actions
upon the case for words, within two years next after the words spoken,
and not after.
Provided always, and be it fart/zer enacted a)! t/ze aaZ/zarz'év aferesaz'd,
That if in any of the said actions or suits, judgment shall be given for
plaintiff, and the same be reversed by error, or if a verdict pass for the
plaintiff, and upon matter alledged in arrest of judgment, the judgment
be given against the plaintiff, that he take nothing by his plaint, writ or
CHAP. 43.] ELEVENTH SESSION. 687
bill; or if any of the said actions shall be brought by original, and the
defendant therein be outlawed, and shall after reverse the outlawry, that
in all such cases, the party plaintiff, his heirs, executors or administra-
tors, as the case shall require, may commence a new action of suit, from
time to time, within one year next after such judgment reversed, or such
judgment given against the plaintiff, or outlawry reversed, and not after.
Provided also, and be it fart/ler enacted by the ant/corny aforesaid, Proviso in
That if any person or persons who is or shall be entitled to such writ ‘$55025,’
or writs of formedon or scire facias, or who hath or shall have such right i‘nsaniwol‘
or title of entry, be or shall be, at the time of the said right or title ﬁrst bovermre'
descended, accrued, come or fallen, within the age of one and twenty
years, feme covert, insane, or imprisoned, that then such person and
persons and his and their heir and heirs, shall or may after the said
twenty years be expired, bring such action, or make such entry, as he
or they might have done before this act, so as such person or persons
shall, within ten years next after his or their full age, discoverture, com-
ing of sound mind, or enlargement out of prison, or the heir or heirs of
such person or persons, within ten years next after the death of such
person or persons, take beneﬁt of and sue forth the same, and at no
time after the said ten years. Andfzcrt/zer, that if any person or persons
who is or shall be intitled to any such suit or action, for seamans wages,
or to any such action of trespass quare clausum fregit, detinue, trover,
replevin, actions of account or upon the case, action, of debt, action of
trespass for assault, menace, battery, wounding, imprisonment, or action
upon the case for words, or any of them, be or shall be, at the time of
any such cause for action given or accrued, fallen or come, within the
age of twenty one years, feme covert, insane or imprisoned, that then
and in every such case, such person or persons shall be at liberty to
bring the same actions, so as they take the same within such times as
are before limited, after their coming to, or being of full age, discovert,
of sane memory, or at large, as other persons having no such impedi-
ment should have done. And moreover, that if any person or persons
against whom there is or shall be any such cause of suit, or action for
seamans wages, or against whom there is or shall be any cause of action
of trespass, detinue. trover, or replevin, or of action of account, or upon
the case, or of debt, grounded upon any lending or contract without
specialty, or debt for arrearages of rent, or of trespass for assault,
menace, battery, wounding or imprisonment, or any of them, be or shall
be out of this State, at the time of any such cause of suit or action
given, or accrued, fallen or come, then and in every such case, such per-
son or persons, who is or shall be intitled to any such suit or action,
shall be at liberty to bring the said actions, against such person or per-
sons, after his, her or their coming or return to this State, so as they
take the same after such return or coming to this State, within such
times as are respectively before limited, for the bringing of the said
actions, by this act.
A na’ be z'tfart/zer enacted by t/ze aat/iority aforesaid, That all actions, Action to
suits, bills, indictments, or iiiformations, which at any time hereafter Rfgggugm
shall be had, brought, sued or exhibited, for any forfeiture upon any years-
penal statute made or to be made, whereby the forfeiture is or shall be
limited to the people of the State of New York only, shall be had,
brought, sued or exhibited, within two years next after the offence com-
mitted or to be committed against such penal act, and not after the said
two years. And that all actions, suits, bills or informations, which shall One year.
at any time hereafter be had, brought, sued, commenced or exhibited,
for any forfeiture upon any penal statute, made or to be made, the ben-
688
LAWS OF NEW YORK. [CHAR 43.
Two years.
Three
years .
Proviso;
actions
limited by
statute.
Indict-
ments for
crimes
other than
murder,
three years
Proviso.
where lim-
ited by
statute.
Time be—
tween Oct.
14, 1775,
and March
21. 1783, not
to be com-
puted.
eﬁt and suit whereof is, or shall be, by the said statute, limited or given
to any person or persons who shall prosecute for the same, or to the
people of the State of New York, and to any other, who shall prosecute
in that behalf, shall be had, brought, sued, commenced or exhibited by
any person who may lawfully pursue for the same as aforesaid, within
one year next after the offence committed or to be committed against
the said statute: And in default of such pursuit, that then the same
shall be had, sued, exhibited or brought for the people of the State of
New York, at any time within two years after that year ended. And
that all actions, suits, bills or informations, which shall at any time here-
after be had, brought, sued, commenced or exhibited, for any forfeiture
or cause, upon any statute made or to be made, the beneﬁt and suit
whereof is or shall be given or limited to the party aggrieved, shall be
had, brought, sued, commenced or exhibited, within the space of three
years, next after the offence committed or to be committed, or cause of
action accrued, and not after. And if any action, suit, bill, indictment
or information, for any offence against any statute, made or to be made,
shall be brought after the time in that behalf before limited, that then
the same shall be void and of none effect; any law usage or custom to
the contrary notwithstanding.
Prozxided always, that where any action, information, indictment, or
other suit, is or shall be limited by any statute, to be had, sued, com-
menced, brought or exhibited, within a shorter time than is hereby
limited, then and in every such case, the action, information, indictment
or other suit, shall be brought within the time limited by such statute.
And be it fart/ter enacted by t/ze azctlzority aforesaid, That all suits
informations or indictments, which at any time hereafter shall be
brought, commenced or exhibited, for any crime or misdemeanor, (mur—
der excepted) whether capital or not capital, shall be brought, com-
menced or exhibited, within three years next after the offence committed
or to be committed, and not after the expiration of the said three years.
And if any suit, information or indictment, for any crime or misdemeanor
(except murder) shall be had, brought or exhibited, after the time
hereby limited, that then the same shall be void and of none effect; any
law, usage or custom, to the contrary notwithstanding.
Provided always, that where any information, indictment or other
suit, for any crime or misdemeanor, is limited by any statute, to be
brought or exhibited, within a shorter time than is hereby limited, then
and in every such case, the information, indictment, or other suit, shall
be had, brought or exhibited within the time limited by such statute.
And be it fart/cer enacted by t/ze azctlzority aforesaid, That no part of the
time from the fourteenth day of October in the year one thousand seven
hundred and seventy ﬁve, to the twenty ﬁrst day of March one thous-
and seven hundred and eighty three, shall be deemed, computed, pleaded
or adjudged, as part of the respective periods herein before limited for
making any title, prescription, cognizance or claim, or bringing, sueing,
commencing or prosecuting any writ, action, suit or plaint.
iCHAPi 44.]
689
ELEVENTH SESSION.
CHAP., 44.
AN ACT for directing the manner of proving deeds and convey-
ances to be recorded.
PASSED the 26th of February, 1788.
Be ii‘ eizaez‘ed by Me People of Me State of N ew York, rqoresem‘ed in
Seizaz‘e and Assembly, and ii‘ is bereby eizaez‘ed by Me aai/zoriz‘y of [be same,
That all and every deed and deeds, conveyance and conveyances, and
writings whatsoever, relating to the title or property of any mes-
suages, lands, tenements or hereditaments within this State, heretofore
executed or hereafter to be executed, being duly acknowledged by the
party or parties executing the same, or duly proved by one or more of
the subscribing witnesses to the execution thereof, and recorded in the
ofﬁce of the secretary of this State, or in the ofﬁce of the clerk of the
county in which such lands are situated, shall and may be read as evi-
dence in any court in this State, without further or other proof of the
execution thereof, and the record thereof, or a transcript of the same,
shall and may be given and received in evidence.
And be it fari/zer eizaez‘ed by Me az-ii/zorizy aforesaid, That no deed,
conveyance or other writing, relating to any lands, tenements or real
estate, heretofore executed and not already acknowledged or proved
according to law, or hereafter to be executed, shall be recorded, unless
the same shall be duly acknowledged by the party or parties executing
the same, or the execution thereof be duly proved by one or more of
the subscribing witnesses to the same, before one of the justices of the
supreme court, or a master in chancery, or one of the judges of the
court of common pleas in and for the county where such lands and real
estate are situated; or if such lands and real estate be in the city of
New York, Albany or Hudson, before the mayor or recorder of the
same cities respectively; and a certiﬁcate of such acknowledgment or
proof be indorsed upon such deed, conveyance or other writing, signed
by the person before whom the same was taken;
And be ii‘ farl/zer enacted by Me aza’borizy aforesaid, That no estate
of a feme covert, shall henceforth pass by her deed, without a previous
acknowledgment by her on a private examination, apart from her hus
band, before one of the justices of the supreme court, or a master in
chancery, or one of the judges of the court of common pleas, in and for
the county where such lands or real estate shall be situated ; or if such
lands or real estate be in the city of New York, Albany or Hudson,
before the mayor or recorder of the same cities respectively; that she
execute such deed freely, without any fear or compulsion of her hus-
band, and a certiﬁcate thereof purporting that she had been privately
examined, and confessed that she executed the same freely, without any
fear or compulsion of her husband, indorsed on the deed conveying the
same, and signed by the person before whom such acknowledgment.
shall be made.
VOL. 2. ——87
Convey-
ances, how
acknowl-
edged;
eﬁectoﬂ
Not to be
recorded
until prop-
erly at:-
k nowi-
edged.
Acknowl-
edgnient
by feme
covert.
LAWS OF NEW YORK. [CHAR 45
Record of
mortgages
Ln be kept
by county
clerks.
How mort-
ease to be
acknowl-
edged.
‘What con-
veyances
deemed
mortgages.
CHAP. 45.
AN ACT to prevent frauds by mortgages, and for securing the
purchasers of mortgaged estates.
PASSED the 26th of February, 1788.
Be 2'! erzaez‘ed by Me People of tbe Sz‘az‘e of New Yer/e, represented in
Senate and Assembly, and 2'! is bereby enacted by t/ze aaz‘berz'zj' 0f t/ze same,
That each and every of the clerks of the respective cities and counties
in this State, shall from time to time provide ﬁt and convenient blank
books for the registering of all mortgages, of any messuages, lands, tene-
ments or hereditaments, situate and lying within their respective cities
and counties, in which register shall be entered the names of the mort-
gagors and mortgagees; the dates of the respective mortgages, the
mortgage money, the time or times when payable; the description and
boundaries of the messuages, lands, tenements or hereditaments mort-
gaged, and the time when such mortgages are registered, or recorded;
to which register all persons whomsoever at proper seasons may have
recourse and search, and for which the said clerks shall have and
receive for entering each mortgage, the sum of six shillings, and for
every search one shilling, and no more. And fart/zer, that if any clerk
shall neglect or refuse to do the duty required of him by this act, he
shall answer to the party injured, all damages which shall happen by
reason of such neglect or refusal.
Prazrz'ded always, and be it fzlrz‘lzer enacted by l/ze aZ/z‘lizarz'z‘yl aforesaid,
That no deed, conveyance, or other writing by the way of mortgage,
shall after the passing of this act, be entered in any such register, unless
the execution thereof be duly acknowledged by the grantor or grantors,
or proved by one or more of the subscribing witnesses to the execution
thereof, before one of the justices of the supreme court, or a master in
chancery, or one of the judges of the court of common pleas of the
county, where the messuages, lands, tenements or hereditaments so
mortgaged lay; or if the same messuages, lands, tenements or heredita-
ments, shall be in the city of New York, Albany or Hudson, before the
mayor or recorder of the same cities respectively, who are hereby
respectively authorized and required to take the same, and to indorse a
‘certiﬁcate of such acknowledgment or proof of the execution of such
mortgages, in the manner and form directed and prescribed in and by
the act, entitled “An act directing the manner of proving deeds and
conveyances to be recorded.”
A 12d be it fart/zer enacted by l/ze azzl/zorz'zjr afbresaz'd, That every deed
conveying a real estate, made after the ﬁrst day of june, in the year of
one thousand seven hundred and seventy four, or to be made after the
passing of this act, which by any other instrument or writing, shall
appear to have been intended only as a security in the nature of a mort-
gage, tho’ it be an absolute conveyance in terms, shall be considered as
a mortgage, and be deemed and adjudged to be liable to be registered
as other mortgages are by virtue of this act; and that the person or
persons for whose beneﬁt such deed shall be made, shall not have the
advantages given by this act to mortgagees, unless every instrument and
writing operating as a defeazance of the same, or explanatory of its
being designed to have the effect only of amortgage or conditional
deed, be also therewith registered in substance, as in case of a mortgage
CHAP. 45.] ELEVENTH sEssioN. 691
And be it fzcrt/zer enacted by t/ze aut/zority aforesaid, That if any per- Priority of
h ' hath or have after. .the ﬁrst da of June mortgages’
son or persons, w omsoev er, , y ,
in the year one thousand seven hundred and ﬁfty four mortgaged, or
shall, after the passing of this act, mortgage any messuages, lands, tene—
ments or hereditaments to two or more personshat different times, and
any doubt or dispute shall arise about the priority of such mortgages,
that then and in such case, the mortgage ﬁrst entered in the register in
the city or county where the lands, tenements or real estates so mort-
gaged lie, in the manner herein before directed, shall be deemed and
taken, and is hereby declared, and shall be adjudged by all courts of
law and equity within this State, to be the ﬁrst or prior mortgage; pro-
vided it hath been or shall be made bona ﬁde and upon good and valu-
able consideration; any law, usage or custom, to the contrary notwith-
standing.
And be it fzcrtker enacted by t/ie azct/zority aforesaid, That every mort- Id.
gage of the same real estate or estates, or parts thereof, executed after
the nineteenth clay of March, in the year one thousand seven hun-
dred and seventy four, or to be executed after the passing of this act,
whether made by the same or different persons, shall have priority, and
the beneﬁts thereof given by this act, according to the time of the actual
registry thereof.
And be it fzcrtker enacted by t/ze azct/zority aforesaid, That whenever Discharge
any mortgage or mortgages so entered as aforesaid, shall be redeemed, paid off and discharged, the clerks of the respective cities and counties, the record-
on application to them made by the mortgagors, or persons redeeming,
paying off and discharging such mortgages, and producing a certiﬁcate
to the respective clerks of the respective cities or counties, signed by
the respective mortgagee or mortgagees in such mortgage named, his,
her, or their executors, administrators or assigns, in the presence of two
or more witnesses, and acknowledged by the party or parties signing the
same, or proved by the oath of at least one of the subscribing witnesses
thereto, before one of the justices of the supreme court, or a master in
chancery, or one of the judges of the court of common pleas of the
county, where the messuages, lands tenements or hereditaments, so
mortgaged lie; or if such mortgaged premises be in the city of New
York, Albany or Hudson, before the mayor or recorder of the same
cities respectively, and the same acknowledgment or proof be indorsed
on such certiﬁcate, such respective clerks shall, and they are hereby
required, to enter in the aforesaid book or register of mortgages, a min-
ute of the said discharge or discharges; which minute so entered, shall
be deemed and taken to be, and is hereby declared to be, a full, perfect
and absolute bar to the ﬁrst entry of any such mortgage or mortgages;
for which entry the respective clerks shall have and receive the sum of
one shilling, & no more.
And *zv/zereas many real estates are held under sales made by mort-
gagees, who were authorized by the mortgagor or mortgagors to make
conveyance of the same in fee, for the payment of the debt or demand
secured by such mortgage, and to returnthe surplus of the purchase
money to the mortgagor or mortgagors; and as many inconveniences
may arise, vexatious suits be promoted, and bona ﬁde purchasers ruined
if such estates should be redeemable in equity. T/zerefore, be itfzcrtker Bona ﬁde
enacted by t/ze azct/zority aforesaid, That no good and bona ﬁde sale of iilﬁgzfged
messuages, lands tenements or hereditaments, made or to be made by Premises
- - conﬁrmed.
mortgagees, or others authorized thereunto, by special power for that
purpose, in due form of law, from him or them who had the equity of
redemption,shall be defeated to the prejudice of the bona ﬁde pur-
LAWS OF NEW YORK. [CHAR 46.
Power of
sale by per-
soniinder
twenty-ﬁve
not to
operate.
Powers to
be ac-
knowl—
edged.
Sales to be
at public
auction.
chasers thereof, in favor, or for the advantage of any person or persons
claiming a right of redemption in equity: Prooided always, that noth-
ing in this act contained, shall be construed to prejudice any other
mortgagee of the same messuages, lands, tenements or hereditaments,
or any part thereof, whose title accrued prior to such bona ﬁde sale; or
any creditor to whom 'the mortgaged premises or any part thereof, was
before bound, by any judgment at law, or decree in equity.
And to prevent fraudulent advantages from being taken to the preju-
dice of young and extravagant persons, be it further enacted by the author-
ity aforesaid, That nothing in this act contained shall operate for the
security of any purchase in fee, under any power executed for that pur-
pose, after the said nineteenth day of March in the year one thousand
seven hundred and seventy four, or to be executed for that purpose
after the passing of this act, to the mortgagee or mortgagees, unless the
person or persons giving such power, he of the age of at least twenty
ﬁve years: And further, that all power to mortgagees now made, or
hereafter to be made, for making sales in fee. shall be acknowledged or
proved and recorded, as other deeds and conveyances usually are, before
the conveyances for the sale be executed. And moreover that every
such sale shall be at public auction or vendue; and public notice shall
-be given thereof, by advertisements, one copy whereof to be inserted
Deeds op
erating as
mortgages.
Mutual ac-
counts, at:-
monsin
- case of;
counter-
claims.
and continued at least once a week for six months previous to such sale,
in one of the public news papers printed in this State, and another copy
thereof to be ﬁxed upon the outward door of the court house of the city
or county, in which the mortgaged premises, or the greater part of them
lay.
And be it further enacted by the authority aforesaid, That no deed
conveyance, instrument or writing whatsoever, in the nature of a mort-
gage, made and executed after the said nineteenth day of March, in the
year one thousand seven hundred and seventy four, or to be made and
executed after the passing of this act, shall in any manner defeat, preju-
dice or affect, the title or interest of any bona ﬁde purchaser, of any
messuages, lands, tenements or hereditaments, unless the same shall
have been duly registered in manner aforesaid, any thing in this act
contained, to the contrary notwithstanding.

CHAP. 46.
AN ACT for the amendment of the law, and the better advance-
ment ofjustice.
PASSED the 27th of February, 1788.
Be it enacted by the People of the State of New Yorh, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That if any two or more, dealing together, be indebted to each other,
upon bonds, bills, bargains, contracts, promises, accounts or the like,
and one of them or his or her executors or administrators, commence
an action against the other or others his or her or their executors or
administrators, in any court of this State, if the defendant or defendants
cannot gainsay the deed, bargain or assumption, upon which he she or
they is or are sued, it shall be lawful for such defendant or defendants to
plead payment of all or any part of the debt or sum demanded, giving
notice, in writing, with the said plea, of what he, she or they will insist
CHAP. 46.] ELEVENTH SESSION.
upon at the trial, for his her or their discharge, and to give any bond,
bill, receipt, account, bargain or contract so given notice of, in evidence;
and if such suit shall be brought on a bond, bill or other contract for
the recovery of a penalty, or the nonpayment of money only, or for a
penalty to secure or enforce the payment of money only, and if any
bond, bill, or contract with such penalty as aforesaid shall be given in
evidence for the plaintiff or defendant upon such trial, in all such cases
the sum bona ﬁde and in equity due, and not the penalty shall be deemed
as the debt due; and if it shall appear that the debt or sum demanded
is paid or satisﬁed, the jury shall ﬁnd for the defendant or defendants,
and judgment shall be entered that the plaintiff or plaintiffs take noth-
ing by his, her or their writt, bill or plaint; and unless the plaintiff or
plaintiffs, prosecute as executors or administrators, the defendant or
defendants shall also recover, his, her or their costs of suit against such
plaintiff or plaintiffs; and if it shall appear that any part of the debt or
sum demanded is paid or satisfied, then so much as is found to be paid
or satisﬁed, shall be discounted, and the plaintiff or plaintiffs shall have
judgment for the residue only, with costs of suit. But if it appear to
the jury that the plaintiff or plaintiffs is or are overpaid, then they shall
ﬁnd a verdict for the defendant or defendants, and withal certify to the
court how much they ﬁnd the plaintiff or plaintiffs to be indebted or in
arrear to the defendant or defendants, more than will answer the debt
or sum demanded; and the sum so certiﬁed, shall be recorded with the
verdict, and the defendant or defendants shall have judgment and exe—
cution for the same, together with, his her or their costs of suit, unless
the plaintiff or plaintiffs prosecute as executors or administrators, in
which case the sum so certiﬁed shall be deemed a debt of record, to be
paid in the course of administration, and the defendant or defendants,
for recovery thereof, shall have an action of debt, or a scire facias
against the plaintiff or plaintiffs in the said action.
Arid be ii‘ farZ/zer eizaeied by i/ze aaz‘borizy aforesaid, That whenever it
shall appear probable in any cause depending in any court of record in
this State as well where an executor or executors, administrator or admin-
istrators, is, are or may be party or parties, as otherwise that the trial of
the same will require the examination of a long account, either on one
side or the other, the said court at any time after issue is joined in such
cause, is hereby authorized with or without the consent of the parties to
refer such cause by rule to be made at discretion to referrees who shall
be three such persons as the court shall nominate, unless upon naming
them, the parties agree upon and name others, or shall elect that three
persons be ballotted for out of the panel of the jurors, if there be a jury
returned for the trial of the cause, in the usual form of ballotting for
jurors; Which referrees ﬁnally ﬁxed on, shall hear and examine the mat—
ters in controversy and report thereon, upon pain of contempt; and an
entry shall be made upon the record, of such reference, and day shall
be given to the parties from time to time, until the referrees shall make
a report in the premises, or they be thereof discharged: And if the
report or award of the referrees, or of the major part of them shall be
conﬁrmed by the said court, and any sum be thereby found for the
plaintiff or plaintiffs, judgment shall be entered for the same with costs,
if by law the plaintiff or plaintiffs would have recovered costs, had a
verdict passed in the same cause for the sum so reported to be due;
but if the referrees or the major part of them shall report that there is
not any thing due to the plaintiff or plaintiffs, and the report be con-
ﬁrmed, then judgment shall be entered against the plaintiff or plaintiffs,
that he, she or they take nothing by his, her or their writ, bill or plaint;
Actions of
account,
when ref—
erence
may be
ordered;
proceed-
ings.
LAWS OF NEW YORK. [CHAR 46.
Scire facias
against ex—
ecutors OI‘
adininis-
trators.
Costs, taxx
ing of, and
amount.
Payment
of sum
secured
before
action
, brought,
to dis-
vharge
bond.
and the defendant or defendants shall in such case have judgment for
and recover his, her or their costs, to be taxed, against the plaintiff, or
plaintiffs, if by law such defendant or defendants would have been enti-
tled to costs, if a verdict had passed in the same cause for him, her or
them; and if in any case the referrees or the major part of them shall
report any sum to be due to the defendant or defendants and the report
be conﬁrmed, then judgment shall be entered against the plaintiff or
plaintiffs, that he, she or they take nothing by his, her or their writ,
bill or plaint. A/zd furl/ter that the defendant or defendants shall
recover against such plaintiff or plaintiffs the sum so reported to be dueto
him, her or them, with costs of suit to be taxed, and shall have execution
for the same; unless the plaintiff or plaintiffs prosecuted as executors
or administrators, in which case the sum so reported, with the costs so
taxed, shall be deemed a debt of record, to be paid in the course of
administration, and the defendant or defendants for the recovery thereof
shall have an action of debt or a scire facias against the plaintiff or
plaintiffs.
And be z'z‘fzlrz‘lzer e/zaez‘ed by l/ze aut/wrz'ly aferesaz'd, That where any such
action or scire facias shall be brought for the recovery of any sum so
found or reported to be due to any defendant or defendants, the person
or persons against whom such action or scire facius shall- be brought,
may plead that he, she or they had fully administred, the goods of his
her or their testator or intestate, at the time of the verdict given or
report made, and may give in evidence any payments made by him, her
or them, or judgment obtained against him, her or them before that
time.
And be 2'! furt/zer marred by z‘lze aut/zerz'z‘y aforesaid, That upon taxing
the costs in all causes so referred, where costs are to be recovered, a
reasonable allowance shall be made to the prevailing party, for such
services and expences as may accrue upon or attend the referrence of
the cause; and that process of subpoena may issue to convene witnesses
before the referrees, as is usual on the execution of writs of enquiry of
damages, who shall be examined on oath; and that there shall be allowed
to each referree attending the said business, the sum of eight shillings
for every day necessarily spent in the business of the reference, besides
a reasonable allowance for their expences, which shall be paid by the
prevailing party, and shall be allowed upon taxing costs, where costs are
recoverable. Arzdfarz‘lzer that each referree before he proceeds to the
business of the referrence, shall take an oath faithfully and fairly to hear
and examine the cause and make a true and just report, according to
the best of his skill and understanding; which oath, as well as the oaths
of the witnesses, may be taken before any judge of any court of record
or any justice of the peace.
And be 2'! farl/zer marred by l/ze auz‘lzerz'z‘y aforesaid, That where any
action of debt is or shall be brought upon any single bill; or where any
action of debt or scire facius is or shall be brought upon any judgment,
if the defendant hath paid the money due upon such bill or judgment,
such payment shall and may be pleaded, in bar of such action or suit;
and where an action of debt is or shall be brought upon any bond which
hath a condition or defeazance to make void the same upon payment of
a less sum, at a day or place certain, if the obligor, his heirs, executors
or administrators, have, before the action brought,'paid to the obligee,
his executors or administrators, the principal and interest due by the
condition or defeazance of such bond, though such payment was not
made strictly according to the condition or defeazance, yet it shall and
may nevertheless he pleaded in bar of such action, and shall be as effec-
CHAP. 46. j ‘ ELEVENTH sEssioN. 695
tual a bar thereof, as if the money had been paid at the day and place,
according to the condition or defeazance, and had been so pleaded.
And be it fart/ter enacted by t/ze aat/zorizy aforesaid, That if at any time Payment
pending an action upon any such bond with a penalty, the defendant
shall bring into the court where the action shall be depending, all the
principal money and interest due on such bond, and also all such costs
as have been expended in any suit or suits, in law or equity, upon such
bond, the said money so brought in, shall be deemed and taken to be in
full satisfaction and discharge of the said bond, and the court shall and
may give judgment to discharge every such defendant of and from the
same accordingly.
And be it fartker enacted by t/ze aat/zority aforesaid, That in all actions Actions on
now depending or hereafter to be commenced or prosecuted in any 28333123,
court of record, upon any bond or bonds, or for any penal sum, for non. breaches-
performance of any covenants or agreements in any indenture, deed or
writing contained, or upon any bond or bonds, with any condition, other
than for payment of money, the plaintiff or plaintiffs may assign as many
breaches as he or they may think ﬁt, and the jury, upon trial of such
action or actions, shall and may assess, not only such damages and costs
of suit as have heretofore been usually done in such cases; but also
damages, for such of the said breaches so assigned, as the plaintiff or
plaintiffs, upon the trials of the'issues, shall prove to have been broken,
and that the like judgment shall be entered on such verdict, as hereto-
fore hath been usually done in such like actions: And if the judgment
shall be given for the plaintiff or plaintiffs on a demurrer, or by confes-
sion, or nihil dicit, the plaintiff or plaintiffs may suggest upon the roll or
record as many breaches of the covenants, conditions or agreements, as
he or they shall think ﬁt, upon which shall issue a writ to the sheriff of
the county where the action is or shall be brought or laid, to summon a
jury to appear in the court, where the action is or shall be brought, if
such court shall sit in the same county where the action is or shall be
brought, or in case the court in which the action is or shall be brought,
shall not sit in the county where the action is laid, then before the jus-
tices or justice of the supreme court, at the next circuit court to be held
in the county, where the action is laid, to enquire of the truth of every
one of those breaches, and to assess the damages that the plaintiff or
plaintiffs shall have sustained thereby; in which writ, if to be executed
‘before the justices of the supreme court or any of them, at the circuit
court, it shall be commanded to the said justices or justice, who shall
hold such circuit court, that he or they make a return thereof to the court
from whence the same writ shall issue at the time in such writ men-
tioned; and in case the defendant or defendants, after such judgment
entered, and before any execution executed, shall pay into the court
where the action is or shall be brought, to the use of the plaintiff or
plaintiffs, or his or their executors or administrators, such damages, so
to be assessed by reason of all or any of the breaches of such covenants,
conditions or agreements, together with costs of suit, a stay of execution
of the said judgment shall be entered upon record; or if, by reason of
any execution executed, the plaintiff or plaintiffs or his or their execu-
tors or administrators shall be fully paid or satisﬁed all such damages so
assessed, together with his or their costs of suit, and all reasonable
charges and expences for executing the said execution, the body, lands
and goods of the defendant shall be thereupon forthwith discharged
from the said execution, which shall likewise be entered upon record;
but notwithstanding, in each case, such judgment shall remain, continue
and be, as a further security to answer to the plaintiff or plaintiffs, and
696
LAWS OF NEW YORK. [CHAP. 46.
Bail bond
taken by
sheriff,
assign-
ment to
plaintiff.
Death of
parties
after inter-
locutory
and before
ﬁnal judg-
ment.
his or their executors or administrators. such damages as shall or may
be sustained, for urther breach of any covenant or covenants, con-
dition or conditions, agreement or agreements, in the same bond, inden-
ture, deed or writing contained, upon which the plaintiff or plaintiffs or
his or their executors or administrators, may have a scire facias upon
the said judgment, against the defendant or defendants, or against his,
her, or their heirs, devisees, or terre-tenants, or executors or administra-
tors, suggesting other breaches of the said covenants, conditions or
agreements, and to summon him or them respectively to shew cause why
execution shall not be had or awarded upon the said judgment, upon
which there shall be the like proceedings as were in the action of debt
upon the said bond or obligation for assessing of damages upon trial of
issues joined upon such breaches, or inquiry thereof, upon a writ to be
awarded in manner aforesaid. And that upon payment or satisfaction
in manner as aforesaid, of such future damages, costs and charges as
aforesaid, all further proceedings on the said judgment shall again he
stayed, and so toties quoties; and the defendant. his body, lands and
goods, shall be discharged out of execution as aforesaid.
And be it further enacted by the authority aforesaid, That if any person
or persons have been or shall be arrested by any writ bill or process
issuing out of any court of record, at the suit of any common person or
persons, and the sheriff or any other ofﬁcer hath taken or shall take bail
from such person or persons, against whom such writ, bill or process
was or shall be taken out, the sheriff or other ofﬁcer, at the request and
cost of the plaintiff in such action or suit, or his lawful attorney, shall
assign to the plaintiff in such action, the bail bond or other security
taken from such bail, by indorsing the same and attesting it under his
hand and seal, in the presence of two or more credible witnesses; and if
the said bail bond or assignment or other security taken for bail, be for-
feited, the plaintiff in such action, after such assignment made, may
bring an action or suit thereupon in his own name, and the court where
the action is brought, may by rule or rules of the same court, give such
relief to the plaintiff and defendant in the original action, and to the
bail upon the said bond, or other security taken from such bail, as is
agreeable to justice and reason; and that such rule or rules of the said
court shall have the nature and effect of a defeazance of such bail bond,
or other security for bail.
And be it further enacted by the authority aforesaid, That in all actions
depending or to be commenced in any court of record, if any plaintiff
happen to die after an interlocutory judgment, and before a ﬁnal judg-
ment obtained therein, the said action shall not abate by reason thereof,
if such action might be, originally prosecuted or maintained by the
executors or administrators of such plaintiff; and if the defendant die
after such interlocutory judgment and before ﬁnal judgment therein
obtained, the said action shall not abate, if such action might be origin—
ally prosecuted or maintained against the executors or administrators of
such defendant; and the plaintiff, or if he be dead, after such interlocu-
tory judgment, his executors or administrators, shall and may have a
scire facias against the defendant, if living, after such interlocutory
judgment, or if he died after, then against his executors or administrat-
ors, to shew cause why damages in such action should not be assessed
and recovered by him or them; and if such defendant, his executors or
administrators shall appear at the return of such writ, and not shew or
alledge any matter sufﬁcient to arrest the ﬁnal judgment, or being
returned warned, or upon two writs of scire facias, it be returned that
the defendant, his executors or administrators, had nothing whereby he
CHAP. 46.] ‘ ELEVENTH sEssIoN.
or they might be summoned, and could not be found in the county,
shall make default, that thereupon, a writ of inquiry of damages shall
be awarded; which being executed and returned, judgment ﬁnal shall be
given for the said plaintiff, his executors or administrators prosecuting
such writ or writs of scire facias against such defendant, his executors
or administrators respectively.
Arid be ii‘ fart/ter e/zacfed by i/ce aai/zorizfy aforesaid, That if in any
action or suit there be two or more plaintiffs or defendants, and one or
more of them shall die, if the cause of such action shall survive to the
surviving plaintiff or plaintiffs, or against the surviving defendant or
defendants, the writ or action shall not be thereby abated, but such
death being suggested upon the record, the action shall proceed at the
suit of the surviving plaintiff or plaintiffs, against the surviving defend-
ant or defendants.
Aﬂd be ii‘ fari/zer enacted by z‘be azei/zorizy aforesaid, That in all actions
real, personal or mixed, the death of either party between the verdict
and the judgment shall not hereafter be alledged for error, so as such
judgment be entered within two terms after such verdict.
A/zd 'co/iereas suits commenced by original writs have been protracted
and delayed, by reason of the necessity of having ﬁfteen days at the
least, between the days of the teste and the days of the return of the
writs used in personal actions, and in actions of ejectment for lands and
tenements; for remedy whereof, be ii‘ fzcri/zer enacted by i/ze aai/zorily
aforesaid, That in all actions of debt, and all other personal actions
whatsoever, and in all actions of ejectment for lands or tenements now
depending or which at any time hereafter shall be depending, by orig—
inal writ, in any court of record, after any issue joined therein, to be
tried by a jury, and also after any judgment had or obtained or to be
had or obtained, in any such court, in any such action as aforesaid,
there shall not need to be ﬁfteen days between the teste day and the
day of the return of any writ or writs of venire facias, habeas corpora
juratorum, or distringas juratores, writs of ﬁeri facias, or capias ad sat-
isfaciendum [except writs of capias ad satisfaciendum whereon a writ
of exigent after judgment is to be awarded, and writs of capias ad sat-
isfaciendum against defendants in order to make any bail liable]; and
that the want of ﬁfteen days between the teste day and the day of the
return of any such writ (except as before excepted) shall not be, nor
shall be assigned taken or adjudged to be any matter or cause of error.
And w/zereas many great inconveniences have arisen to the citizens
and inhabitants of this State, by means of delaying the trials of causes
between party and party after issue joined; for remedy whereof, be ii‘
farz‘ber enacted by tbe aat/zorizy aforesaid, That where any issue is or
shall be joined whether the issue roll be ﬁled or not in any action or
suit at law, in any court of record, and the plaintiff or plaintiffs in any
such action or suit hath or have neglected, or shall neglect to bring such
issue on to be tried according to the course and practice of the said
courts respectively, it shall and may be lawful for the judge or judges of
the said court respectively, at any time after such neglect, upon motion
made in open court, (due notice having been given thereof) to give the
like judgment for the defendant or defendants in every such action or
suit as in cases of non suit, unless the said judge or judges shall, upon
just cause and reasonable terms allow any further time or times for the
trial of such issue; and if the plaintiff or plaintiffs shall neglect to try
such issue within the time or times so allowed, then and in every such
case, the said judge or judges shall proceed to give such judgment as
aforesaid; and that all judgments so given shall be of like force and
VOL. 2. — 88
Death of
one of two
or more
plaintiffs
or defend-
ants.
Death of
party after
verdict.
Teste day
and return
of writ.
ﬂmeba
tween.
Dismissal
of com-
plaint for
want of
prosecu-
tion.
698
LAWS OF NEW YORK. [CHAR 46.
Notice of
trial.
Id.
Chancery,
death of
one of de-
fendants.
Chancery,
death of
one of
parties.
effect as judgments upon non suits and of no other force or effect: And
also that the defendant or defendants shall upon such judgment be
awarded, his or her or their, costs in any action or suit where he, she or
they would upon non suit be entitled to the same, and in no other action
or suit whatsoever.
And be iz‘fart/zer enacted by t/ze aaz‘lzorizy aforesaid, That no indictment,
information or cause whatsoever, shall be tried before any judge or
judges of any court of record within this State, where the defendant or
defendants reside above forty miles from the place where the court is
held, in which such cause shall be tried, unless notice of trial in writing
has been given at least fourteen days before such intended trial.
Arzd be iz‘fart/zer enacted by t/ze aaz‘lzority aforesaid, That in case any
party or parties shall have given such notice of trial as aforesaid, and
shall not afterwards'duly countermand the same, in writing, at least six
days before such intended trial, every such party shall be obliged to pay
unto the party or parties to whom such notice or trial shall have been
given as aforesaid, the like costs and charges, as if such notice of trial
had not been countermanded.
And be it far/ber e/zaez‘ed by the aal/zorizfy aforesaid, That if in any
suit or action now depending or hereafter to be brought in the court of
chancery, there be two or more plaintiffs or defendants, and one or more
of them shall die, if the cause of such suit or action shall survive to the
surviving plaintiff or plaintiffs, or against the surviving defendant or
defendants, such suit or action shall not be thereby abated; but such
death being suggested and shewn by afﬁdavit or otherwise, to the satis-
faction of the court, such suit or action shall proceed at the suit of the
surviving plaintiff or plaintiffs, against the surviving defendant or
defendants. -
And be iz‘ farz‘lzer enacted by t/ze aal/zoriz‘y aforesaid, That in all and
every suit or action in the court of chancery in which any bill or bills
is, are or shall or may hereafter be ﬁled, and in which there shall
be two or more plaintiffs or defendants and any of them shall die and
the cause of action shall not survive, but other persons shall become
parties in interest, in right or by the death of such deceased party, such
suit shall by reason of such death he abated, only with respect to such
deceased person or persons, and the surviving plaintiff or plaintiffs shall
and may proceed against the surviving defendant or defendants, without
reviving the suit against the representatives of the deceased party, or
any other who may become interested by the death of such person or
persons; but that in such case such representatives, or such person or
persons as shall become interested by the death of such party, shall not
be bound by any order or decree in such cause to which they are not
made parties: And in case the plaintiff or plaintiffs shall chuse to make
the representatives of the deceased person, or others who may become
interested by the death of such person, parties to such suit, no bill of
revisor or subpoena revivendum shall be necessary, but the court shall
and may, by rule or order, as often as there shall be occasion for it,
direct the suit to stand revived, which rule or order shall be served on
the adverse clerk; and unless the representatives of such deceased per-
son, or others who may become interested by the death of such person
shall within eighty days after such service as aforesaid, appear and
put in their answer or signify their disclaimer of the suit, and the mat-
ters in controversy therein, the plaintiff or plaintiffs may cause their
appearance to be entered, and in such case the answer of the deceased
person shall be deemed and taken as and for the answer of such repre-
sentatives, or other person or persons interested by the death of such
CHAP. 46.] ELEVENTH SESSlON.
699
person. And fart/zer, that in case any plaintiff or plaintiffs in any such
suit now depending, or hereafter to be brought, wherein the cause of
action shall not survive as aforesaid, shall happen to die pending such
suit, the lawful representative or representatives of such deceased plain-
tiff or plaintiffs, or any other person or persons interested by the death
of such plaintiff or plaintiffs, shall and may upon afﬁdavit thereof by him
or them, or any other person or persons, and on motion made in open
court, be, by the rule or order of the court, inserted as a complainant or
complainants in the said suit, and be permitted to make such amendment
in the bill or bills of complaint, as his, her, or their title or interest
therein may require; to which amendment or amendments the defend-
ant or defendants shall be compellable, by rule or order of the said
court, to answer, proceed to issue and examination of witnesses, and
production of proofs; and all other proceedings shall be had thereon as
in ordinary cases; and in case such person or persons shall not, in eighty
days after the death or deaths of such plaintiff or plaintiffs, cause him~
self, herself or themselves to be entered as plaintiff or plaintiffs as afore-
said, in the room of such deceased plaintiff or plaintiffs, that then and
in every such case the surviving plaintiff or plaintiffs may insert the
representative or representatives of such deceased plaintiff or plaintiffs,
or other person or persons interested by his her or their death, as
defendant or defendants in such suit, and proceed in the manner herein
before directed, in cases where the lawful representative or representa-
tives of a deceased defendant or defendants may be made party or
parties.
A nd be it fart/ler enacted by ﬁre ant/iority aforesaid, That no subpoena,
or any process for appearance do issue out of the court of chancery,
until after the bill is ﬁled with the proper ofﬁcer in the said court, except
in cases of bills for injunctions to stay waste, or to stay suits at law com-
menced; and that no injunction shall be granted or issued in any case
until the bill is ﬁled as aforesaid. And fart/cer, that no copy, abstract
or tenor of any bill in equity do go with the dedimus or commission for
taking the defendant’s answer.
And be it fzcrt/zer enacted by t/ze azct/zority aforesaid, That if in any
suit which hath been or shall hereafter be commenced in the court of
chancery of this state, any defendant or defendants, against whom any
subpoena or other process shall issue, shall not cause his, her or their
appearance to be entered upon such process, within such time and in
such manner as according to the rules of the said court the same ought
to have been entered, in case such process had been duly served; or if
any such defendant or defendants after service of any subpoena or other
process so issued out of the said court, shall neglect or refuse to enter,
his, her or their appearance, within such time and in such manner as
directed by the rules of the said court, and an afﬁdavit or afﬁdavits shall
be made to the satisfaction of the said court, that the said defendant or
defendants is or are beyond sea, or out of this State, or otherwise absent
himself, herself or themselves, in this State, then and in any such case,
the said court shall and may make an order directing and appointing
such defendant or defendants, to appear at a certain day therein to be
mentioned; and a copy of such order shall, within twenty days, be
inserted in one or more of the public newspapers printed in this State,
and be published therein eight weeks successively, at least once in each
of the said weeks, and if the defendant or defendants do not appear
within the time limited by the said order, or within such further time as
the court shall appoint, then, on proof made to the satisfaction of the
Court that such order was duly published as aforesaid, the said court
Subpoenas
and injunc-
tions.
Neglect of
defendant
to enter
appear-
ance in
chancery.
700
LAWS OF NEW YORK. [CHAR 46.
Decrees
against
absent
person .
Entry of
appear-
ance by
order of
court.
may order the plaintiffs bill to be taken pro confesso and make such
decree thereupon as shall be thought just; and may thereupon issue
process to compel the performance of such decree, either by an immedi-
ate sequestration of the real and personal estate and effects of the
defendant or defendants so absent as aforesaid, or such part thereof as
may be sufﬁcient to satisfy the demands of the plaintiff in the said suit,
or by causing possession of the estate or effects demanded by the bill to
be delivered to the plaintiff; and the said court of chancery may like-
wise order such plaintiff or plaintiffs to be paid and satisﬁed his, her or
their demands, out of the estate or effects so sequestered, according to
the true intent and meaning of such decree; such plaintiff or plaintiffs
ﬁrst giving sufﬁcient security in such sum as the court shall think proper,
to abide such order touching the restitution of such estate or effects, as
the said court shall think proper to make concerning the same, upon the
defendant or defendants appearance to defend such suit, and paying
such costs to the plaintiff or plaintiffs, as the court shall order : But if
the plaintiff or plaintiffs shall refuse or neglect to give such security as
aforesaid, then the said estate or effects shall remain under the direction
of the said court until the appearance of the defendant or defendants
and his her or their paying such costs to the plaintiff or plaintiffs, as the
said court shall think reasonable, or until such order shall be made
therein as the court shall think just.
Provided alvtlays, and it is hereby further enacted by the authority afore-
said, That if any decree shall be made in pursuance hereof, against any
person or persons so absent as aforesaid, and such person or persons,
his, her or their heirs devisees, executors or administrators, (as the case
may require) shall within one year after notice in writing being given to
him, her or them, of such decree, or if no such notice is given, then within
seven years after the making of such decree, appear in court, and petition
to be heard with respect to the matter of such decree, and shall pay
down or give security for payment of such costs as the court shall think
reasonable in that behalf, the person or persons so petitioning may be
admitted to answer the bill exhibited, and issue may be joined, and
witnesses on both sides examined, and such other proceedings, decree
and execution may be had thereon, as if the absent defendant or defend-
ants had originally appeared, or as if no former decree had been in the
same cause. Provided nez'ertheless, and be it further enacted by the author-
ity aforesaid, That if any person or persons, against whom such .decree
shall be made, his, her or their heirs, devisees. executors or administra-
tors, shall not, within seven years next after the making of such decree,
appear and petition to have the cause reheard, and pay down or give
security for payment of such costs as the court shall think reasonable
in that behalf, such decree made as aforesaid shall stand absolutely con-
ﬁrmed against the said~person or persons against whom such decree
shall be made, his, her and their, heirs executors and administrators,
and against all persons claiming or to claim, by, from or under him,her,
them or any of them, by virtue of any act done or to be done subse-
quent to the commencement of such suit; and at the end of such seven
years it shall and may be lawful for the court to make such further
order as shall be just and reasonable, according to the circumstances of
the case.
And be it further enacted by the authority aforesaid, That if any defend-
ant or defendants shall be brought into the said court of chancery, by
any writ of habeas corpus, or other process issuing out of the said court,
and shall refuse or neglect to enter, his, her or their appeanance, accord-
ing to the rules of the said court, or to appoint a clerk in court to act
CHAP. 46.] ELEVENTH SESSION.
701
on his, her or their behalf respectively, the said court may appoint a
clerk in court to enter an appearance for such defendant or defendants
respectively, and such proceedings may thereupon be had in the cause,
as if the party had actually appeared.
And be it fart/ter enacted by t/ze aat/zority aforesaid, That all persons
who now are or hereafter shall be jointly indebted to any other person
or persons whomsoever, for or upon any joint contract, obligation, matter
or thing whatsoever, for which remedy could or might be had at law,
against such debtors, in case all were or could be taken by process
issued out of any court in this State, shall be answerable to their credi-
tors seperately for such debts, that is to say, such creditor or creditors
shall and may issue process against such joint debtors in the manner
now in use; and in case any or either of such joint debtors shall be
taken and brought into court by virtue of such process, he, she, or they
so taken and brought into court, shall answer to the plaintiff or plain—
tiffs. And in case the judgment shall pass for the plaintiff or plaintiffs,
he, she or they shall have, his, her or their judgment and execution
against him, her or them so brought into court, and against the other
joint debtor or debtors named in the process, in the same manner as if
they had been all taken, and brought into court by virtue of such pro-
cess: But it shall not be lawful to issue or execute any such execution
against the body, or against any lands or goods the sole property of any
person not brought into court.
And a’l/iercas a practice hath lately been introduced of inserting in
bonds, bills, covenants and other contracts in writing, a clause or power
or warrant to confess a judgment thereon, whereby many persons, being
ignorant of the efﬁcacy and consequence of such a clause, power or
warrant, have suffered great loss; for remedy whereof, Be it fart/ter
enacted by Me az/tborizy aforesaid, That no judgment shall hereafter be
entered upon any bond, bill, covenant or other contract in writing to be
made after the ﬁrst day of january next, upon the confession of any
attorney, by virtue or in consequence of any warrant, power or authority
whatsoever, contained, written or printed in the same instrument, paper
or parchment with the same bond, bill, covenant or contract. Andfar-
t/zer, that every attorney who shall confess any judgment in any case
whatsoever, shall, at the time of making such confession, produce his
warrant for making the same to the court or judge before whom he
makes the same confession, and the same warrant shall then be ﬁled
with the proper oﬁ’icer of the court in which the judgment shall be
entered. And moreover, no judgment shall hereafter be entered upon
any confession taken out of court, before any or either of the judges of
the courts of common pleas or mayor’s courts or either of them and if
any judgment shall be so entered, the same shall be void and holden for
none. But all such judgments heretofore bona ﬁde entered, and which
shall be bona ﬁde entered before the ﬁrst day of May next, and all exe-
cutions thereon shall be and hereby are conﬁrmed, although the same
judgments were or shall be entered upon confession before one only, or
more of the judges out of court.
And be it fart/zer enacted by t/ze azctbority aforesaid, That the supreme
court shall and may, by one or more commission or commissioners under
the seal of the said supreme court, from time to time, as need shall
require, impower such and so many person and persons, as they shall
think ﬁt and necessary in all and every the several counties within this
State, to take and receive all and every such afﬁdavit and afﬁdavits as
any person or persons shall be willing and desirous to make before any
or either of the persons so impowered, in or concerning any matter,
Actions
against
joint legis-
lature.
Judgments
not to be
entered on
confession
of an attor-
ney.
Com mis-
sioners to
take afﬁ-
davits.
LAWS OF NEW YORK. [CHAR 46.
Judges of
common
pleas,
power to
take bail.
cause or thing depending, or hereafter to be depending, or any wise
concerning any of the proceedings to be had in the said supreme court,
or in the court of exchequer; which said afﬁdavits taken as aforesaid,
shall be ﬁled with the proper ofﬁcer of the court in which they are to be
used, and then be read and made use of in the said courts to all intents
and purposes, as other afﬁdavits taken before any or either of the jus-
tices of the supreme court now re or may be: And that all and every
afﬁdavit and afﬁdavits taken as aforeaid shall be of the same force as
afﬁdavits taken in the said supreme court, or court of exchequer now
are; and that every person forswearing himself, or herself, in any such
afﬁdavit or afﬁdavits, shall incur and be liable unto the same penalties
as if such afﬁdavit or afﬁdavits had been made and taken in open court.
And flll'i/lé’l’, that for the taking of every such affidavit, the person so
impowered and taking the same, shall take and receive, for so doing,
one shilling and no more.
A 12d be if fari/zerenaez‘ed by Z/ze aaZ/zorizfy aforesaid, That the several
judges of the courts of common pleas within the respective cities and
counties of this State, shall be, and hereby are fully authorized and
impowered, in each of the said cities and counties, where such judges
are or shall be commissioned, to take and receive every such recogni-
zance or recognizances of bail as any person or persons, is, are or shall
be desirous to make before him, in any action or suit depending or
hereafter to be depending in the supreme court, or court of exchequer;
and in such manner and form and by such recognizance or bail piece,
as the respective justices of the supreme court usually take the same;
which said recognizance or recognizances, or bail piece or bail pieces so
taken as aforesaid, shall be forthwith transmitted, by the defendant in
the suit or action, to one of the justices of the supreme court; and the
said justice, to whom such recognizance or bail piece shall be so trans-
mitted, shall accept and receive the same: And every such recogni-
zance of bail or bail piece so taken and transmitted as aforesaid, shall
be of the like effect, as if the same were taken before any justice or
justices of the said supreme court; and the cognizor or cognizors of
such bail or bails, shall not be compelled to appear in person before
such justice or justices, or in the said supreme court or court of excheq-
uer: And the said judges of the courts of common pleas shall examine
the sureies to such recognizances of bail or bail pieces as aforesaid,
when and so often as they shall be thereunto respectively requested, by
any person or persons concerned, interested in, or affected by, such bail,
recognizance or surety thereon, concerning the value of such surety’s
estate and personal circumstances. Provided always, that all plaintiffs,
their council or attornies shall have the same time allowed for excepting
against the sureties to be given in the manner aforesaid, as is allowed
when such recognizance or bail is taken before one of the justices of the
supreme court. Aadfarl/zer, that such justice of the supreme court, as
shall accept and receive any such recognizance or bail piece, so to him
transmitted, shall receive one half such fees as he is or shall be entitled
to by law for taking bail and upon receipt thereof, shall ﬁle such recog-
nizance of bail or bail piece, and in all things proceed thereon, as if the
said recognizance of bail or bail piece had been taken by him; and the
judge of the court of common pleas who shall take such recognizance of
bail or bail piece, shall be allowed and receive for taking the same one
half of such fee, as is or shall be allowed by law to the justices of the
supreme court for taking bail, when the same is taken before them, or
any of them, and no more.
CHAP. 46.] ELEVENTH SESSION.
70“
And be it fart/zer enacted by tile azctkority aforesaid, That if now, or
at any time hereafter, any defendant or defendants be taken or charged
in custody at the suit of any person or persons, upon any writ or writs
or process out of any court of record, and imprisoned or detained in
prison for want of sureties, for his, her or their appearance to the same,
the plaintiff or plaintiffs in such writ or writs or process, shall and may,
by virtue of this act, before the end of the next term after such writ or
process shall be returnable, declare against such prisoner or prisoners
in the respective court or courts out of which the writ or writs or pro-
cess issued, whereupon the prisoner or prisoners shall have been, or may
be taken and imprisoned or charged in custody, and shall or may cause
a true copy thereof to be delivered to such prisoner or prisoners, or to
the sheriff or other ofﬁcer, goaler or keeper of the prison or goal, in whose
custody such prisoner or prisoners shall be and remain; to which declara-
tion or declarations, the said prisoner or prisoners shall appear and plead;
and if such prisoner or prisoners shall not appear and plead to the same, the
plaintiff or plaintiffs, in such cases, shall have judgment in such manner as
if the prisoner or prisoners had appeared in the said respective courts and
refused to answer or plead to such declaration. And fart/zer, that in
all declarations against any prisoner or prisoners detained in prison by
virtue of any writ or process, issued or to be issued out of any court of
record, it shall be alledged in custody of what sheriff or ofﬁcer such
prisoner or prisoners shall be at the time of such declaration, by virtue
of the process of the said court at the suit of the plaintiff or plaintiffs.
And moreover, that every such sheriff, ofﬁcer, goaler or keeper of any
prison or goal, upon whom any such copy of any such declaration shall
be served, shall, within ten days thereafter, deliver the same to the
defendant or defendants therein named, with a note of the time of the
service thereof upon such sheriff or ofﬁcer as aforesaid; and if any such
sheriff, ofﬁcer, goaler or keeper of any prison or goal, to whom any such
copy of any declaration shall be delivered as aforesaid, shall neglect to
deliver the same to such defendant or defendants, such sheriff, ofﬁcer,
goalor or keeper of any prison or goal, shall be liable and answerable to
such defendant or defendants, for all damages occasioned by such neg-
lect.
And wkereas equal justice ought to be administred as well to the
poor, as to the rich; and for the relief of the poor, who be not of ability
to sue according to law for the redress of injuries and wrongs to them
done, as well concerning their persons, and their inheritance, as other
causes, Be it fart/ter enacted by t/ze aat/iori/y aforesaid, That every such
poor person or persons, who have or hereafter shall have cause of action
or suit against any person or persons in this State, shall have, by
the discretion of the chancellor for the time being, writ or writs original
or writs of subpoena, according to the nature of their causes, without
paying any thing for the seals or for writing of the same writs; and if
the suit is to be prosecuted in the court of chancery, the chancellor
shall assign to the same poor person or persons, council learned in the
law and solicitors, and all other ofﬁcers requisite and necessary for the
prosecuting and speeding of the same suits, who shall give their council
and do their duty without taking any reward, for their council, help and
business in the same suit or suits: And if such action or actions, suit or
suits, is or are to be commenced or prosecuted in any other court, the
judges or justices of such court shall, by their discretion, assign to such
poor person or persons council learned in the law and attornies, and all
other ofﬁcers requisite and necessary for the prosecuting and speeding
Proceed-
ina's where
defendant
is confined
in jail ful‘
want of
bail.
Actions by
poor per-
sons.
of the same actions and suits, who shall give their council and do their _
--J
6 ‘
LAWS OF NEW YORK. [CHAR 46.
Actions for
trespass.
Id.
Dilatory
pleas.
Grants of
lands con-
ﬁrmed.
Warranties
devlared
void.
duty without taking any reward for their council, help and business in
the same actions and suits. And in case any such plaintiff or plaintiffs
shall be nonsuited, or a verdict or judgment be given against him, her
or them, in any such action or suit, he, she or they shall not be com-
pelled to pay any costs to the defendant or defendants in any such action
or suit.
Ana’ w/zereas persons trespassing upon lands often defend against
suits brought for the same, under feigned pretences, until judgment
passes for the plaintiff and then abscond or depart out of the State, to
the great injury of the plaintiff or true proprietors, for Want of bail
given by the defendant at the commencement of the suit; for remedy
whereof, be if farZ/zer eaaez‘ea’ by t/ze az/z’lzoriz‘y aforesaia’, That the plaintiff
or plaintiffs shall in all such actions of trespass be entitled to special
bail, and that an ac etiam or proper clause for that purpose may be
accordingly inserted in the ﬁrst process; and that the plaintiff or plaint-
iffs shall have all the advantages, as well thereupon as upon the bail
bonds that may be taken on the arrest, as in assumption and other actions
where the defendant is held to bail, and that both parties shall be sub-
ject to such discretionary rules and orders of court, respecting such
suits in trespass, and on the bail bonds, as are used in other cases.
And be ii‘ far/ber enacted by Me auf/zorizfy aforesaid, That in all
actions of trespass quare clausum fregit, already brought, or hereafter
to be brought, wherein the defendant or defendants shall disclaim in
his, her or their plea to make any title or claim to the land in which the
trespass is by the declaration supposed to be done, and the trespass he
by negligence or involuntary, the defendant or defendants shall be
admitted to plead a disclaimer, and that the trespass was by negligence
or involuntary, and a tender or offer of sufﬁcent amends for such tres-
pass before the action brought, whereupon or upon some of them the
plaintiff or plaintiffs shall be enforced to join issue; and if the said issue
be found for the defendant or defendants, or the plaintiff or plaintiffs
shall be nonsuited, the plaintiff or plaintiffs shall be clearly barred from
the said action or actions, and all other suits concerning the same.
A no’ be if fart/av‘ e/zaez‘ea’ by l/ze aaf/zoriz‘y aforesaid, That no dilatory
plea shall hereafter be received in any court of record, unless the party
offering such plea do by afﬁdavit prove the truth thereof, or shew some
probable matter to the court to induce them to believe that the fact of
such dilatory plea is true. '
And be it flll’l‘llé’l’ enacted by Me aid/torily aforesaid, That all grants
and conveyances made since the eighth day of March in the year of our
Lord one thousand seven hundred and seventy three, or hereafter to be
made, by ﬁne or otherwise, of any manors, messuages, lands, tenements
or rents, or of the reversion or remainder of any messuages, lands or
tenements, shall be good and effectual to all intents and purposes, with-
out any attornment of the tenants of any such manors, messuages, lands
or tenements, or of the lands out of which such rents shall be issuing,
or of the particular tenants upon whose particular estates any such
reversions or remainders were, shall or may be expectant or depending,
as if their attornment had been had and made; provided neaerl/zeless
that no such tenant shall be prejudiced or damaged by payment of any
rent to any such grantor or cognizor, or by breach of any condition for
nonpayment of rent, before notice given to him of such grant, by the
conusee or grantee.
A no’ be iz‘farf/zer enacted by file aat/zoriz‘y aforesaid, That all Warranties
which have been made since the said eighth day of March in the year
of our Lord one thousand seven hundred and seventy three, or which
CHAP. 47.] ELEVENTH sEssIoN. 705
‘shall hereafter be made, by any tenant for life, of any lands, tenements
or hereditament, the same descending or coming to any person in rever-
sion or remainder, shall be void and of none effect; and likewise all
colateral warranties which have been made since the said eighth day of
March in the year of our Lord one thousand seven hundred and seventy
three, or which shall hereafter be made. of any lands, tenements or
hereditaments, by any ancestor who had or has no estate of inheritance
in possession in the same at the time of making such warranty shall be
void against his heirs.
And be it fart/zer enacted by t/ze aat/zority aforesaid, That the dying Descent
seized of any deseizor, of or in any manors, lands, tenements or other from dis‘
seisor not
herditaments, having no right or title therein, shall not be taken or deemedde-
deemed any such descent in the law as to toll or take away the entry of fgﬁﬁm
any such person or persons, or th ir heirs, who at the time of the same
descent, had, or shall have, good and lawful title of entry into the said
manors, lands, tenements, or hereditaments; except that such diseisor
hath had the peaceable possession of such manors, lands, tenements or
hereditaments, whereof he hath died or shall die seized, by the space of
ﬁve years next after the disseisin by him committed, without entry or
continual claim, by or of such person or persons as had or shall have
lawful title thereunto. .
And be it fart/zer enacted by tbe azct/zority aforesaid That every person Foreman‘
who shall hereafter be appointed foreman of a grand jury, shall be, ﬁgfg‘f,
from the time of his being appointed till his discharge, impowered and Sgéltllisnisiel‘
authorized to administer the usual oath to such witnesses as shall come '
to give evidence to the grand jury whereof he is foreman.
And be it fart/der enacted by tbe ant/larity aforesaid, That the law Attaints
concerning attaints upon untrue verdicts shall be and hereby is abet-$3,151,153?
ished.
And be it furt/zer enacted by tbe ant/zority aforesaid That from and English
after the ﬁrst day of May next none of the statutes of England or of 101738321? to
Great Britain shall operate or be considered as laws of this State.
CHAP. 47.
AN ACT for appointing commissioners, to hold treaties with the
Indians, within this State.
PASSED the rst of March, 1788.
Be it enacted by t/ze People of tbe State of L/Vezt/ Yor/e, represented in Commis-
Senate and Assembly, and it is bereby enacted by t/ze aat/zorizy of tbe same, $32,623,231
That the person administering the government of this State for the time Indians-
being, and \Villiam Floyd, Ezra L'Homedieu, john Laurence, Richard
Varick, Samuel jones Egbert Benson and Peter Gansvoort junior be,
and are hereby appointed commissioners, with power either jointly with
commissioners to be appointed by the Commonwealth of Massachusetts,
for the purpose, or on the part of this State seperately, to hold treaties
and conferences, from time to time, as the person administring the
government of this State for the time being, shall deem the occasion to
require, with the Indians, residing within this State, and every or any
tribe or nation of the said Indians, touching such matters, and to take
such measures for preserving the friendship of the said Indians, and
also to enter into such engagements and contracts with the said Indians,
and to purchase or procure from them such lands and other heredita-
VoL. 2. — 89
706 LAws or NEW YORK. [CHAR 47;
ments, on such terms, and in such form, as the said commissioners
hereby appointed shall deem ﬁt, for the welfare of this State; and with
further power, to enquire touching all leases, or other purchases of, or
contracts for the sale of lands, suggested to have been obtained or made,
without the authority or consent of the legislature, from or with the said
Indians, or any of them, by or to any person or persons; and to make
report thereof, from time to time, to the legislature; and to that end to
examine persons, on oath, touching the premises so to be enquired of,
and by writing under their hands, to require persons to appear before
them, at such time and place as shall be speciﬁed in such writing, and
to give evidence touching the said premises, on pain of one hundred
pounds. And every person being duly summoned, who shall refuse to
appear, or appearing shall refuse to give evidence, shall forfeit the said
sum of one hundred pounds, to the people of this State; and with fur-
ther power, to make and enter into agreements and stipulations, with
commissioners to be authorized by the commonwealth of h’lassachusetts
for that purpose, touching the means to be used by the said common-
wealth and this State jointly, for preventing intrusions on the lands
reciprocally ceded by this State and the said commonwealth to each
other, and for preserving to the said commonwealth and this State, their
respective rights to the said lands
Militia And for the more orderly holding and conducting such treaties, be it
g£15gg%ut. farz‘lzer enacted by the authority aforesaid, That it shall be lawful for the
person administering the government of this State for the time being, in
his discretion, to order out any proportion of the militia from any part
of this State, to march to the place or places where the said treaties and
conferences may from time to time be held, and such occasion to be
deemed an emergency intended in the second section of the act entitled
“An act to regulate the militia,” passed the 4th day of April one thou-
sand seven hundred and eighty six; and the detachments so from time
to time to be ordered out, to receive the same pay and rations, and to
be subject to the same rules and regulations, as is provided in the said
Persons re- section of the said act. Arzdfurc/zer, that it shall be lawful for the said
21123501?” commissioners, by writing under their hands, to require any and every
{Irglgtipgnay person, not being an actual resident within one mile of the place where
be Com- the said treaties may from time to time be held, to depart from such
Eggggtfo place, within such reasonabletime, as in such writing shall be speciﬁed,
and to retire to such convenient distance from the said place, as the
said commissioners shall deem proper; and every person who being so
required to depart, shall not depart, or departing, shall during the hold-
ing such treaty return again to such place, without the licence of the
commissioners, shall be deemed to have offended against the people of
this State, and shall on conviction, be punished by ﬁne or imprison-
ment, in the discretion of the court. And fzcrl/zer, that it shall be law-
ful for the said commissioners, by warrant under their hands, to be
directed to the sheriff of the county, or to such other person as they
shall appoint to execute the same, to cause every person so refusing to
depart, or who having departed, shall return again, without such licence
as aforesaid, to be apprehended, and to be conveyed to the goal of the
city and county of Albany, and there to remain in close custody, with-
out bail or mainprize, for such time as the said commissioners shall
deem it probable the said treaty will be in holding, and to be speciﬁed
in the said warrant, but not to exceed one month from the date of such
warrant; and the keeper of the said goal is hereby required to receive
every such person so committed, and safely keep him in close custody
in his goal, accordingly.
r-QHAP. 48.] ELEVENTH SESSION. 707
Ana’ 5e z'z‘ fm'Z/zer enacted &y the auz‘ﬁorz'zji aforesaid, That it shall be Expenses
ilawful for the person administering the government of this State for the 350312515018‘
time being, from time to time, by warrant under his hand, to draw from
‘the treasury of this State, such sum and sums of money, as the said
commissioners shall deem neccessary to be expended and applied, in
the execution of the trust and powers hereby granted, in such manner
as they shall deem proper, and beneﬁcial for the State: And the treas-
urer of this State is hereby required, out of any monies he may have in
the treasury, forthwith to answer such warrants, any other appropriations
of the said monies, not being appropriations to private persons in dis-
charge of contracts, notwithstanding. And every person to be appointed ~
or intrusted by the said commissioners with the expenditure of any of
the said monies, shall be responsible to the people of this State for the
respective expenditures, and shall account with the auditor of this State
accordingly.
And be 2'1‘ furl/ler enacted éy Z/ze azzt/wrz'zfy aferesaz'd, That the com- Duration
missioners hereby nominated and appointed, Shall continue in ofﬁce ofomce'
until thirty days after a quorum of both houses shall be assembled at
the ﬁrst meeting of the legislature, after the ﬁrst Monday in July next,
and no longer; and that any four of the said commissioners, of which
the person administering the-government for the time being, always to
be one, shall be a quorum, from time to time to execute the trusts and
powers hereby granted.
CHAP. 48.
AN ACT to lay a duty of excise on strong liquors, and for the
better regulating of inns and taverns.
PASSED the ISt of March, 1788.
Be it enaez‘ed 6y z‘lze People of Z/ze Sfaz‘e of New- York, represented 2'72 Qommis-
Senaz‘e and Assemely, and it is izereey 672(le'f6’zl7 e)» [be (zuZ/zm'z'zj/ 0f Z/ze same, 3535;?“
That it shall and may be lawful for the person administring the govern- New York
ment of this State for the time being, by and with the advice and con- cm’
sent of the council of appointment, from time to time, to constitute and
appoint such person in the city of New-York, as they shall think proper,
to be the commissioner for collecting the duty of excise, of and from
the several retailers of strong or spirituous liquors in the city and county
of New-York.
Ana’ ﬁe z'z‘furz‘ﬁer enaez‘ea’ éy Z/ze auz‘lzorz'z‘y aforesaid, That the following Albany,
persons shall be commissioners for collecting the duty of excise, of 5551533
‘and from the several retailers of strong and spirituous liquors within the respective
several other cities and counties in this State, that is to say, in and for towns"
the city of Albany, the mayor of the said city, for the time being; and
in and for the city of Hudson, the mayor, recorder, aldermen and com-
monalty of the said city; and in and for the several towns and places in
the respective counties in this State, the supervisor of, and any two jus- '
tices of the peace resident within the same respective towns or places;
or in case there shall not be two justices, or in case of the absence of
the justices residing in any such town or place, then such neighbouring
justice or justices, as the supervisor of such town or place shall notify
and associate with him for that purpose. Provided that no permit shall
be granted, except in either of the said cities of Albany or Hudson,
unless three commisssoners shall be present at the granting thereof.
708
LAWS OF‘NEW YORK. [CHAR 48..
Licenses to
be granted.
New York
city.
Elsewhere.
Salary of
commis-
sioner in
New York
city.
And be if fzerf/zer eizaez‘ed by z‘be azil‘lzorizy aforesaid, That it shall and
may be lawful for the commissioners of excise appointed or to be
appointed by virtue of this act, annually, by writing under their respect-
ive hands and seals, to grant to the several persons who shall reside in
the respective cities, towns or places, for which they are or shall be
appointed a commissioner or commissioners as aforesaid, who shall
apply for the same, permits to retail strong or spirituous liquors under
ﬁve gallons; which said respective permits shall continue in force from
the time of granting the same, until the ﬁrst day of March next ensuing
the date of such permit, and no longer.
A no’ be if farz‘ber mated by Z/ze azzt/zoriiy aforesaid, That it shall and
may be lawful for the commissioner of excise to be appointed in the city
and county of New-York, by virtue of this act, to determine and ascer-
tain the sum which each respective person applying for a permit as
aforesaid, shall pay for the same, not being less than forty shillings, nor
more than twenty pounds, as a duty of excise; which sum shall be paid
to him by the person applying, before the permit shall be issued as
aforesaid.
And be it fart/zer marred by f/ze auf/zoriz‘y aforesaid, That it shall and
may be lawful for the commissioners of excise appointed in the several
other cities, towns and places in this State, by virtue of this act, to
determine and ascertain the sum which each respective person, in their
respective cities, towns and places, applying for a permit as aforesaid,
shall pay for the same, not being less than forty shillings, nor more than
twelve pounds, as a duty of excise; which, together with the sum of six
shillings, as a fee to the respective commissioners for granting such per-
mit, shall be paid to him or them by the person applying for a permit as.
aforesaid, before the permit shall be issued as aforesaid. Alia’ farZ/zer,
the said commissioners are hereby respectively required to keep an
account of the persons to whom permits shall be granted, and of the
sums by each of the said persons paid for a permit, and to ﬁle the same
with the clerk of such city, town or place, on or before the ﬁrst day of
March in every year; and shall from time to time, without delay, pay
the monies so to be by them received‘for the duty of excise, to the over-
seers of the poor of the respective cities, towns and places, for which
they are commissioners as aforesaid, to be applied to the relief of the
poor thereof.
And be if fari/zer enacted by l/ze am‘lzorizy aforesaid, That instead of
the fees herein before allowed, the commissioner of excise for the city
and county of New-York, for the time being, shall be entitled, for his.
service, to a salary, at and after the rate of sixty pounds per annum;
which it shall be lawful for him to retain out of the monies which shall
come into his hands from the duty of excise aforesaid; and the residue
thereof, he shall, from time to time, and without delay, pay to the treas-
urer or chamberlain of the said city, for the time being, to be applied
and disposed of (except as to eight hundred pounds for the time herein
after mentioned) for and towards the payment of the contingent charges
of the said city, in such manner as the mayor, aldermen and common--
alty of the said city, in common council convened, by warrant under
the hand of the mayor or recorder of the said city, presiding in such
common council, shall from time to time direct and appoint. And"
furt/zer, that the said commissioner shall keep an account of the persons-
to whom permits shall be granted in the said city and county, and of
the sums by each of the said persons paid for a permit, and ﬁle the same
with the treasurer or chamberlain of the said city, for the time being, on.
or before the last day of February in every year.
CHAP. 48.] ELEVENTH SESSION.
709
A/za’ oe z'z‘ farf/zer enaez‘ea’ oy Z/ze aat/zorz'z‘y aforesaid, That the treas-
Iurer or chamberlain of the said city of New-York, shall, out of the
monies to arise from the excise to be raised in the said city and county
of New-York, on or before the ﬁrst Tuesday in February in every year,
for and during the term of four years, from and after the ﬁrst day of
February in the year one thousand seven hundred and eighty eight, pay
to the treasurer, for the time being, of the society of the hospital in the
‘city of New-York in America, at and after the rate of eight hundred
pounds and no more, for the better support of the hospital erected in
the said city, for poor and indigent persons.
A/za’ oe 2'2‘ fZH’f/ZL’I‘ e/zaez‘ea’ by f/ze aaf/zorz'zj/ aforesaz'a’, That the com-
missioners appointed, or to be appointed by virtue of this act, to grant
permits to retail strong and spirituous liquors, shall not grant permits to
any person or persons to retail. stromJr or spirituous liquors, for the pur-
pose of keeping an inn or tavern, unless it shall appear to the said com-
missioners, that an inn or tavern at the place, at which such permit is
applied for, is necessary for the accommodation of travellers, and that
the person applying for such permit is of good character. And that in
every such permit to be granted for the purpose of keeping an inn or
tavern, shall be expressed, that it appears necessary to the commission-
ers, that a public inn or tavern be kept at such place, and that the
person to whom such permit is granted, is of good moral character as
aforesaid. ‘
A/za’ 6e 2'! farz‘lzer enaez‘ea’ oy z‘lze aut/zorz'zfy aforesaid, That no person
shall sell by retail any strong or spirituous liquors, to he drank in his or
her house, out house, yard or garden, unless such person shall appear
before a justice of the peace of the county in which he or she shall
reside, and enter into recognizance to the people of the State of New-
York, in the sum of ﬁfty pounds, conditioned that he or she will not,
during the time that he or she shall keep an inn or tavern, keep a dis-
orderly inn or tavern, or suffer or permit any cock ﬁghting, gaming or
playing with cards or dice, or keep any billiard table, or other gaming
table or shufﬂe board, Within the inn or tavern by him or her to be kept;
or Within any out house, yard or garden belonging thereunto; which
recognizances so to be taken, shall be lodged by the person or persons
before whom the same shall be taken, with the clerks of the respective
~cities or counties Where the same shall be taken; and if any person shall
be convicted of an offence against this act, it shall be lawful for the
‘courts of general sessions of the peace in the respective cities and coun-
ties in this State, to suppress the permit and licence of such respective
offenders. But that no person who shall be permitted or licenced to
retail strong liquors, not to be drank in his or her house, but carried
elsewhere, .shall be obliged to enter into recognizance as aforesaid; any
thing in this act to the contrary notwithstanding.
A no’ lie z'z‘furt/zer ezzaeteo’ by ﬁle azez‘lzorz'fy aforesaid, That if any person
shall sell by retail, any strong or spirituous liquors, without having such
permit as aforesaid, or if any person shall sell any strong or spirituous
liquors, to be drank in his or her house, out house, yard or garden,
without having entered into such recognizance as aforesaid, every per-
.son who shall be guilty of either of the offences aforesaid, shall, for each
offence, forfeit the sum of ten pounds. Prow'a’edahoays, that no person
or persons shall be subject to be sued or prosecuted by virtue of this
act, for selling metheglin, currant wine, cherry wine or cyder, to be by
him, her, or them made, and which shall not he drank in his, her or their
house, out house, yard or garden. Provided also
Hospital in
ew York.
Tavern
licenses
discretion-
ary.
Penalty for
' a1
sales.
710
LAWS OF NEW YORK. [CHAR 48..
Cities.
Gaming
prohibited.
Two bed
clause.
Id.; ex-
emptions.
Appren-
tices, serv-
ants and
slaves.
And be it fart/cer enacted by t/ze azct/cority aforesaid, That all licences»
to retail strong or spirituous liquors within the cities of New-York,
Albany or Hudson, shall be granted in the manner directed and pre-
scribed in and by the charters granted to the said cities respectively;
and the recognizances to be entered into by retailers, shall be taken
before the mayor, for the time being, of each respective city, or in case
of his sickness or absence, before the recorder thereof.
And the more effectually to prevent every species of gaming or incite-
ment thereunto, in public inns or taverns ;
Be it fart/ter enacted by t/ze ant/zoritv aforesaid, That it shall be deemed
an offence against the people of this State, for any person who shall keep
a public inn or tavern, to permit or suffer any cock ﬁghting, playing
with cards or dice, or to keep any billiard table, or other gaming table
or shufﬁe board within his or her house, or within any out house, yard
or garden belonging thereto, or therein to permit any kind of gaming
by lot or chance; and that as well the courts of oyer and terminer and.
goal delivery, as the courts of general sessions of the peace in the several
counties within this State, shall have cognizance of offences against this.
act, and shall and may punish offenders convicted thereof, by ﬁne and
imprisonment, or either, at the discretion of the court in which any such.
conviction shall be had.
And be it fart/ter enacted by t/ze aat/zo'rity aforesaid, That every keeper
of any public inn or tavern in this State, except in the city of New--
York, shall keep in his house, at least two spare beds for guests, with
good and sufﬁcient sheeting and covering for such beds respectively, and
provide and keep good and sufﬁcient stabling and provender, of hay in
the winter, and hay or pasturage in the summer, and grain for four
horses or other cattle, more than his or her own stock, for the accom-
modation of travellers, upon pain of forfeiting for every neglect or‘
default of having either of the articles in this clause before mentioned,
the sum of forty shillings.
And av/zcreas in some parts of this State, so little resort is had to some
inns or taverns, as would make the last mentioned regulations burthen-
some; and which inns or taverns are nevertheless of public utility.
Therefore
Be it fart/cer enacted by t/ze antborizy aforesaid, That it shall be in the
discretion of the commissioners or the major part of them, in any of the:
towns of this State, by writing for that purpose, under their hands and
seals, to exempt one or more inn-holder or tavern-keeper, in the said
towns respectively from keeping such spare beds and stabling, provender
and forage, as is herein before directed.
And be it fart/zer enacted by t/ze aat/zority aforesaid, That if any inn
holder or tavernkeeper, shall sell any strong or spirituous liquors to any
apprentice, servant or slave, knowing or having reason to suspect or
believe him or her to be such, without the consent of his or her master
or mistress, such innholder or tavernkeeper, shall forfeit and loose every’
debt which such apprentice, servant or slave shall or may contract for
any such liquor; and also for every offence, forfeit the sum of forty
shillings, to be recovered with costs of suit, by the master or mistress of
such apprentice, servant or slave. And fzcrt/zer, that the permit and
licence of every such innholder or tavernkeeper, shall be and hereby is.
declared void from the time of such conviction; and such innholder or
tavernkeeper shall be and is hereby declared to be incapable or receiv-
ing any further or other permit or licence for holding any public
inn or tavern, for the space of three years, from the time of such con-
viction.
CHAP. 48.] ELEVENTH SESSION.
711'
And be it fart/ler marred by z‘lze aaz‘borz'z‘y aforesaid, That if any inn- Id.
holder or tavernkeeper, or any other person or persons, shall take or
receive, directly or indirectly, from any such apprentice, servant or
slave, any clothing, or any other goods, chattles, wares or merchandize,
in payment for any such strong or spirituous liquors, or in pawn or
pledge, to secure any such payment, and thereof be convicted, by the
oath of any one credible witness, he she or they so offending, besides the
payment of the penalty and forfeiture of the debt as aforesaid, shall,
within three days after such conviction, restore to the master or mis-
tress of such apprentice, servant or slave, all such clothing or other
goods, chattles, wares or merchandize, which he, she or they shall have
so taken or received, from any such apprentice, servant or slave, or shall
forfeit and pay unto the master or mistress of such apprentice, servant
or slavc, double the value of all such clothing, or other goods, chattles,
wares or merchandize, which he, she or they Shall have so taken or
received as aforesaid, to be recovered by such master or mistress, his or
her executors or administrators, with costs of suit, in any court having
cognizance thereof.
A no’ be if ‘furl/ler enacted by ﬁre aaz‘lzorz'z‘y aforesaid, That if any inn-
holder or tavernkeeper within this State, shall trust or credit any person
or persons, other than travellers, more than, or above the sum of ten
shillings, lawful money of this State, for any sort of strong or spiritous
liquors, or other tavern expences; he she or they so trusting or credit-
ing any person or persons as aforesaid, shall loose the debt and be for-
ever disabled from sueing for or recovering the same or any part thereof:
And if any innholder or tavernkeeper shall sue for any such debt above
the sum of ten shillings, contrary to the true intent and meaning of this
act, the person or persons sued, shall and may plead this act in bar;
and if the plaintiff in such suit shall become nonsuit, or a verdict or
judgment shall be given for the defendant, every such plaintiff shall pay
double costs. -
And be 2'2‘ fart/ler enaez‘ed by f/ze aaZ/zorz'zy aforesaid, That if any inn-
holder or tavernkeeper, shall take or get from any person or persons,
trusted as aforesaid, any note, bill, bond, or other security, for any sum
above ten shillings, for any strong or spirituous liquors, by him or her,
sold or drank in, or at his or her house, under pretence that it is for
victuals, pipes, tobacco, or any other thing whereby to evade this act;
every such note, bill, bond or other security, shall be void, and the
defendant or defendants may plead this act in bar, to any action or suit
to be brought thereon. And fart/ler, that every person who shall be
convicted of an offence against this clause of this act, shall forfeit
double the sum mentioned in and intended to be secured by such note,
bill, bond or other security; to be recovered by action of debt, bill,
plaint or information, with costs of suit, in any court in this State having
cognizance thereof. Provided always,
And be Z'z‘farf/zer eﬂaez‘ed by z‘/ze aaZ/zorz'fy aforesaid, That nothing in
this act contained, shall be construed or taken to debar any innholder
or tavernkeeper from taking, receiving or recovering any sum or sums
of money which shall or may become due, and owing to him or her,
from any person or persons who shall or may be lodgers in his or her
house, of from travellers not residing in such city or town; any thing in
this act contained to the contrary notwithstanding.
And be 2'! farZ/zereizaez‘ed by Z/ze aaf/zorz'z‘y aforesaid, That every inn-
holder or tavernkeeper, shall, within thirty days, after obtaining his or
her permit, put up and ﬁx a proper Sign on or adjacent to the front of his
or her house, with his or her name thereon and keep such sign up during
Debts for ‘
liquors. 1
Act not to
bar claims
from trav-
elers.
Signs to be
put up.
712
LAWS OF NEW YORK. [CHAR 49.
Penalties,
how recov-
ered.
Former
laws re‘
pealed .
Preamble.
Schenec-
tady, night
watch in
part of
town of.
Id.
altie
; Pen-
s. V
the time he, or she shall keep an inn or tavern, under the penalty of ten
shillings for every month’s neglect thereof.
And be it fart/ter enacted by t/ze ant/torily aforesaid, That all and every
the penalties and forfeitures, imposed in and by this act, shall and may
be recovered, with costs of suit, in any court within this State, having
cognizance thereof, by any person or persons who will sue and prose-
cute for the same to effect. unless in this act otherwise provided; and
the one moiety of the said penalties and forfeitures, not in and by this
act otherwise appropriated, shall, when recovered, be paid to the over-
seers of the poor of the city or town in which each respective offence
shall happen, for the use of the poor thereof; and the other moiety to
the person or persons who shall sue for the same as aforesaid.
And be it fart/ter emitted by t/ze aztt/zorizy aforesaid, That all laws of
the late Colony of New-York, and of this State, heretofore passed for
the regulating of inns and taverns, and for retailing of spirituous liquors
within this State, be, and the same are hereby severally repealed.
CHAP. 49.
AN ACT to impower the justices of the peace residing in that
part of the township of Schenectady therein mentioned, to
establish and regulate a night watch and for other purposes
therein mentioned.
PASSED the 1st of March, 1788
WHEREAS the establishing a night watch and appointing ﬁremen to
manage the ﬁre engine in that part of the township of Schenectady
which lays to the southward of. the Mohawk river & not more than
three quarters of a mile from the Dutch church, will tend to the safety
and preservation of the inhabitants thereof, therefore
Be it enaeted by Me People of tbe State of New York represented in
Senate and Assembly and it is bereby enaeted by t/ze azzt/zoritv of tbe same,
That it shall and may be lawful to and for the justices of the peace or
the major part of them for the time being living or dwelling in that part
of the township of Schenectady which lays to the southward of the
Mohawk river and not than three quarters of a mile distant from the
Dutch church, to meet together with all convenient speed after the pub-
lication of this act, and being so met, they are hereby required and
directed to order, establish and regulate a night watch; which watch
shall consist of six men and an ofﬁcer for each night out of the inhabi-
tants of that part of the said township herein before described, who shall
and hereby are required and directed in their turns to keep watch and
guard in such manner and at such times and places as the said justices
shall order and direct.
And be it fnrt/zer enacted by t/ze aat/zority aforesaid That it shall
—‘ and may be lawful to and for the said justices or the major part of
them, to make, establish and ordain such rules, orders, ordinances and
regulations for the government, conduct, duty and behaviour, of the
said watch and watchmen, and to impose and establish such reasonable
ﬁnes, penalties and forfeitures upon them, or any of them, for default
or neglect of the duties and services enjoined or required by such orders
or ordinances, as to the said justices shall from time to time seem meet
and convenient.
<CHAP. 49.] ELEVENTH SESSION.
713
Prooz'a’ea' always that no greater ﬁne, penalty or forfeiture shall be
levied for any one offence than six shillings on an ofﬁcer and four shill-
ings on every person or watchman.
Ana’ be 2'! farf/zer enaez‘ea’ by the aaZ/zorz'zy aforesaz'o’, That it shall and
‘may be lawful to and for the said justices of the peace or the major
part of them, and they are hereby required with all convenient speed to
elect, nominate and appoint a sufﬁcient number of men, willing to
accept, not exceeding twenty in number, out of the inhabitants resid-
ing in that part of the said township above mentioned, to have the
care, management, working and use of the ﬁre engine or engines
belonging to the said township, and the other tools and instruments for
extinguishing of ﬁres that may happen therein, who are hereby required
and enjoined in case of ﬁres happening, to manage work and use the
said engine or engines and the other tools and instruments for the extin-
guishing of ﬁres.
Ana’ be 2'! farf/zer enaez‘ea’ by l/ze aaZ/zorz'z‘y aforesaz'a’ That the said just-
ices of the peace or the major part of them are hereby authorised and
impowered to remove & displace all or any of the ﬁremen so as afore-
said, to be elected, nominated and appointed, when and as often as they
shall think ﬁt, and others, instead of such as shall be removed, to elect,
nominate and appoint, from time to time, as they the said justices shall
see convenient.
A/za’ be z'z‘fart/eer enaez‘ea’ by Me aut/zorz'fy aforesaz'a’, That such persons
as shall be elected and appointed ﬁremen and each and every of them,
during the time such person or persons shall remain ﬁremen and no
longer, shall and hereby are declared to be freed and exempted from serv-
ing in the office of constable and overseer of the highways and of and
from serving as jurors, and of and from serving in the militia, except in
cases of invasion or other imminent danger.
Ana’ be 2'! furf/zer enacted by Z/ze aaZ/zorz'zy aforesaz'a’ That it shall &
may be lawful to and for the said justices or the major part of them, to
make, establish and ordain such rules orders, ordinances and regulations
for the government, conduct, duty and behaviour of the persons from
time to time to be by them elected, nominated and appointed ﬁremen
by virtue of this act, as to them' shall appear necessary and proper.
Ana’ be it farl/zer eizaez‘ea’ by Me aat/zorzz‘y aforesaz'a’ That the assessors
for the district of Schenectady, shall annually during the continuance of
this act, when they meet to assess the proportion of the said district, of
the contingent charges of the city and county of Albany, also assess a
further sum not exceeding twenty pounds, to be raised levied and col-
lected of and from the inhabitants residing in that part of the township
herein before described: And the collector of the said township is
hereby required, as soon as he shall have collected the same to pay the
same (after deducting therefrom, nine pence in the pound for his trouble)
unto the said justices or such other person as they shall appoint to
receive the same, to be by the said justices, applied in paying a person
by them to be appointed to take care of the watch house and supplying
the same with ﬁre wood and candles
Ana’ be it further 672361807 by l/ze aaz‘lzorz'ty aforesaz'a’, That this act shall
be in force from the publication thereof until the ﬁrst day of May which
will be in the year of our Lord one thousand eight hundred.
VOL. 2. —— 90
Id.
. Firemen
to be ap-
pointed
Removal.
Exemption
of ﬁremen-
Regulation
of ﬁre de-
partment.
Assess-
ment. to
defray ex-
penses of
a 011
house.
Act, time
to be in
force.
714
LAWS OF NEW YORK. [CHAR 5c».
l’rezuu'ble.
Flax seed.
regulating
exporta—
tion of
Penalties.
Lumber,
regulating
exporta-
tion of.
CHAP. 50.
AN ACT to regulate the exportation of ﬂax seed and lumber.
PASSED the 1st of March, 1788.
WHEREAS ﬂax seed and lumber have become articles of great expor-e-
tation from this State, and it is necessary that their credit at foreign
markets he established.
T/zerefore be it enacted by Me People of tbe State of New Yer/e, repre-
sented in Senate and Assembly, and it is bercby enacted by t/ze ant/zority of
t/zc same, That no ﬂax seed shall be exported from this State to Ireland
or Scotland, but what shall be well cleaned and put in casks of two sizes
only; one of which shall be of the following dimensions, vizt. Two feet
nine inches longand twenty four inches diameter in each head, and
made as nearly straight as possible; which shall contain seven bushels
and shall be made of oak, and the heads of pine or oak, with three hoops-
on each head, and three hoops on each bilge, and nailed with at least
three nails in each head hoop, and three nails in each quarter hoop,
with a good lining hoop on each head. The other size shall be made of
the like materials, and shall contain three and an half bushels, with the
same number of hoops, and shall be nailed in the same manner; and on
each cask shall be branded the name of the city or county where cleaned,
with the initial letter of the christian and the sirname at full length, of
the owner or person who cleaned the same.
And be it fart/ter enacted by t/ze az/t/zority aforesaid, That if any person
or persons shall ship on board any ship or vessel, for exportation to-
Ireland or Scotand, any ﬂax seed which hath not been cleaned marked
and branded as herein before directed, or in any other casks than such
as are before mentioned, such person so offending shall forfeit and pay
for every cask so shipped on board, the sum of ten shillings, and the
master or commander of every ship or vessel, who shall receive on board
any ship or vessel for exportation as aforesaid, any ﬂax seed not cleaned,
marked and branded as aforesaid, or in any other cask than such as are-
before mentioned, shall forfeit and pay the sum of ﬁve shillings, for
each and every cask so taken on board.
And be it fart/zer enacted by t/ze aat/cority aforesaid, That all timber,
boards, plank of every kind, scantling or shingles, before they are
exported out of this State, shall be viewed and examined, by some one
of the inspectors to be appointed by virtue of this act ; and the said
inspectors, shall, on each board, plank or piece of timber mark. with a
marking iron, the initial letters of his christian and sirname, with the
number of feet in each board, plank or piece of timber; and the said
inspectors shall not mark any but what they shall deem merchantable
and good; and no board shall be deemed merchantable but what is at
least six inches wide clear of sap, and shall be of the actual thickness
sold for. That all shingles commonly called short shingles packed in
bundles, shall be of only three sizes; the length of one size shall be
eighteen inches long, and at least four inches broad, another size shall
be twenty four inches long, and at least ﬁve inches broad, the other size
twenty seven inches long, and at least ﬁve and an half inches broad, and
shall be of a proper thickness, packed up in bundles, containing each
two hundred and ﬁfty; and the said inspector shall examine all such
shingles in bundles, and none shall be deemed merchantable, other than
such as shall be of the before mentioned dimensions; and the said.
CHAP. 50.] ELEVENTH SESSION. 715
inspector shall take out of every bundle all unmerchantable shingles, and
replace the same with merchantable ones, and shall brand, on each
bundle, the initial letter of his christian name and his sirname at full
length, with the ﬁgures 250.
And be ii‘ fart/ler marred by t/ze aaf/zorizy aforesaid, That the person Inspectors
administering the government of this State for the time being, by and oflumber'
with the advice and consent of the council of appointment, shall appoint
one inspector of lumber for the city 8: county of New York (which
said inspector is hereby authorized and required to appoint such num-
ber of deputies under him as shall be necessary, for whom he shall be
accountable; which deputies are hereby fully impowered to act as
deputy ofﬁcers for carrying this act into execution,) one inspector for
the city of Albany, one inspector for the city of Hudson, one inspector
for the landing at Kinderhook and many more in other parts of the
State as may from time to time be necessary.
And be ii‘ farZ/zer marred by Z/ze aaZ/zorizfy aforesaid, That the said Oath to be
inspectors and their deputies, before they enter upon the execution of ta en‘
their ofﬁces, shall take the following oath before some person authorized
to administer the same vizt, I do solemnly swear, that I
will faithfully, truly and impartially, according to the best of my judg-
ment, skill and understanding, execute, do and perform the ofﬁce and
duty of an inspector of lumber, according to the true intent and mean-
ing of the laws of this State relative to the same.
And be ii‘ farz‘ber evzaez‘ed by Z/ze aai/zorizy aforesaid That the said Fees-
inspectors shall be intitled to receive, for inspecting all boards, plank
and scantling, at the rate of three shillings per thousand feet, superﬁcial
measure, and for square timber at the rate of fourteen pence per ton,
consisting of forty cubical feet; and for shingles in bundles at the rate
of eighteen pence per thousand, the one half to be paid by the buyer
and the other half by the seller.
And be iz‘farZ/zer eaaez‘ed by tile auz‘lzoriz‘y aforesaid, That if any person Penalties.
shall ship on board any ship or vessel for exportation out of this State,
any boards, plank, scantling, timber or shingles, but what has been
inspected by one of the inspectors appointed by virtue of this act, he
shall forfeit and pay, for every thousand feet so Shipped without inspec-
tion, the sum of twenty shillings; and for every thousand shingles, the
sum of ten shillings; and the master of any ship or vessel Who shall
receive on board his vessel any boards, plank, timber or shingles, but
what has been inspected, by one of the inspectors. shall forfeit and pay,
for every thousand feet so taken on board, the sum of ten shillings, and
for every thousand shingles the sum of ﬁve shillings; all which forfeit-
ures mentioned in this act, may be recovered with costs, in any court
having cognizance thereof, by any person who will sue for the same, by
action of debt, bill plaint or information; the one half thereof to be for
the use of the person so suing, and the other half for the use of the
people of this State.
And be it fart/ler eizaeied by Z/ze aaz‘lzorizy aforesaid, That this act When act
shall be in force from and after the ﬁrst day of October next.
LAWS OF NEW YORK. [CHAR 52.
Preamble.
Richard
Harison
named in
place of
William
Cockburn.
New trus-
tees to
have same
power as
LL
Dividends,
when to be
made.
Preamble .
Richmond
county su-
pervisors
to afford
relief to
Benjamin
Micheau.
CHAP. 51.
AN ACT supplementary to, and to amend the act entitled “An
act to vest the estate of Richard Maitland deceased in trustees,
for the payment of his debts.
PASSED the rst of March, 1788.
WHEREAS William Cockburn one of the trustees named in the act
entitled “An act to vest the estate of Richard Maitland deceased, in
trustees, for the payment of his debts," hath prayed the legislature to be
discharged from such trust. Therefore,
Be it enacted by t/ze People of tbe State of New Yor/e, represented in
Senate and Assembly, and it is lzereby enacted by Me ant/torily of ﬁle same,
That the said \Villiam Cockburn be, and he hereby is discharged; and
that Richard Harison be, and he hereby is appointed a trustee of the
estate of the said Richard Maitland deceased, for the purposes in the
said recited act mentioned, in the place and stead of the said William
Cockburn.
And be it fnrt/zer enacted by t/ze azit/zority aforesaid, That Daniel
McCormick, and Richard Varick, in the said recited act named, together
with the said Richard Harison, or any two of them, and the survivors,
and survivor of them, and the heirs, executors, and administrators, of
such survivor, and every of them, shall be, and hereby are authorised
and required to do, execute and perform, all and every the powers and
duties in and by the said recited act vested in, and required from the
said Daniel McCormick, \Villiam Cockburn, and Richard Varick.
And be it fnrt/zer enacted by t/ze aat/iority aforesaid, That the ﬁrst divi-
dend of the estate of the said Richard Maitland, shall be made in the
manner in and by the third clause of the said recited act mentioned, on
or before the ﬁrst day of May, in the year one thousand seven hundred
and ninety-one; and the second dividend in the fourth clause of the said
recited act mentioned, on or before the ﬁrst day of May, in the year
one thousand seven hundred and ninety two; any thing in the said
recited act to the contrary notwithstanding.
CHAP. 52.
AN ACT for the relief of Benjamin Micheau late treasurer of
the county of Richmond.
PASSED the rst of March, 1788.
\VHEREAs Benjamin Micheau late treasurer of the county of Rich-
mond, hath presented his petition to the legislature suggesting that he
was robbed on the fourth day of June now last past of the sum of two
hundred and ninety eight pounds raised for State taxes then in his hands
and hath prayed relief in the premises. Therefore
I. Be it enacted by the People of tbe State of New Yorle represented in
Senate and Assembly, and it is lzereby enacted by t/ze ant/zority of the same
That the supervisors of the said county of Richmond for the time being
shall inquire into the suggestion of the said petition and for that pur-
pose they are hereby authorized to examine any person or persons on
CHAP. 53.] ELEVENTH SESSION. 717
oath touching the said matters and if upon such inquiry it shall appear
to a majority of the said supervisors that the said robbery was commit-
ted—that the said Benjamin Micheau had used due means to secure
the said money against theft and, that he had not unreasonably detained
the said money from the treasury of the State then it shall be lawful for
a majority of the said supervisors and they are hereby required to order
the raising of a sum (to be raised levied and collected in like manner as
the contingent charges of the county are levied and collected) equal to
such sum as they shall ﬁnd that the said Benjamin Micheau was robbed
of as aforesaid of the monies by him received for State taxes.
II. Area’ be z'z‘farz‘lzer enaez‘ea’ by t/ze aaﬂzorz'z‘y aforesaz'a’ That the money Money to
to be raised by virtue of this act shall be paid unto the county treasurer $512381?
for the time being on or before the ﬁrst day of November next who is urer 110 ‘(1(2-
hereby directed to pay the same unto the said Benjamin Micheau late 52.12%‘, Wm}
treasurer as aforesaid in order that he may account with the treasurer
of this State for the same on or before the ﬁrst day of December next
and the said State treasurer is hereby required to suspend all prosecu-
tions against the said late treasurer of the county of Richmond for the
monies aforesaid until the said ﬁrst day of December next.
And 'w/zereas the legislature have been moved by reasons arising from
the special circumstances of this case to make such provision therein as
is in this act contained, therefore
III. Be it further enacted and 2'! is bereby a’eelarea’ That this act or Act not to
any of the provisions therein contained shall not be drawn into prece- ggg,¥"e°°‘
dent '
CHAP. 53.
AN ACT to regulate the exportation of butter and hogs lard.
PASSED the 1st of March, 1788.
WHEREAS butter and hogs lard have become articles of great exporta- Preamble.
tion from this State, and it is necessary the exportation thereof be regu-
lated.
T/zerefore, be 2'! mated by z‘/ze People of the State of New York, repre- Butter and
seated in Senate and Assembly, and it is bereby enacted by the aaz‘borz'zy of {giggggi‘fi
the same, That from and after the ﬁrst day of October next, no butter Iggrtation
or hogs lard, shall be exported from this State, but what shall be in new '
casks, made of seasoned white oak timber, not exceeding in size ten gal-
lons, with at least ten hoops on each cask, and nailed with three nails
on each head, and three pegs in each quarter hoop: That before any
butter or hogs lard shall be laden on board any ship or other vessel, it
shall be inspected by one of the inspectors to be appointed by virtue of
this act, which said inspectors are hereby directed, to inspect and exam-
ine each cask of butter or hogs lard so to be laden on board, and shall
bore the head of each cask, and pierce such butter or hogs lard through,
with an instrument contrived for that purpose, and examine, try and
determine whether the butter or lard is sweet and merchantable.
Ana’ be if furt/zer enaetea’ by the aut/zorz'z‘y aforesaz'a’, That the said Casks,
- ' - - marking of
1nspectors, shall not inspect any butter or hogs lard, but what 15 in casks, Weight_
made agreeable to the preceeding clause; and upon each of which
casks, the tare thereof shall be marked with a marking iron, allowing
one pound more than the cask actually weighs, as an allowance for the
damp which the cask may contract.
718
LAWS OF NEW YORK. [CHAR 54.
Casks to be
unpacked
when sus-
pected.
Brands on
casks by
inspectors.
Inspectors
to be ap-
pointed.
Oath of
inspectors.
Penalty
for illegal
shipments.
Penalties,
recovery of
Bounty on’,
hemp.
And a it fart/zer eaaeted by t/ze aat/zority aforesaid, That when any
of the said inspectors, shall have reason to suspect a fraud in the tare
of any cask of butter or hogs lard, it shall be lawful, and he is hereby
directed to unpack weigh and mark thereon, the true tare thereof, and
every person exposing to sale such butter or hogs lard, where the tare
thereof is marked less than the true tare, shall forfeit and pay for every
such cask the sum of ﬁve shillings.
A 12d be it fart/zer e/zaeted oy t/ze a'at/zorizj/ aforesaid, That the said
inspectors shall brand on the head of each cask of butter or hogs lard,
the inital letter of his christian name, and his sir name at full length,
with the word butter or hogs lard as the case may be, and with the
name of the city or county, where inspected, and the said inspectors
shall be entitled to receive for inspecting each cask of butter or hogs _
lard, the sum of two pence; the one half to be paid by the buyer, and
the other half by the seller.
And be it fart/ter eaaeted a] t/ze aat/zority aforesaid, That the person
administering the government of this State, for the time being, by, and
with the advice and consent of the council of appointment, shall appoint
one inspector of butter and hogs lard for the city and county of New
York, and as many more in other parts of this State, as they may from
time to time think necessary.
And a it fart/zer e/zaeted oy t/ze aat/zority aforesaid, That the said
inspectors to be appointed by virtue of this act, shall, before they enter
upon the execution of their ofﬁce, take the following oath, before some
person authorised to administer the same; vizt. “ I do solemnly
swear that I will faithfully, honestly and impartially do and execute the
ofﬁce of inspector of butter and hogs lard, according to the true intent
and meaning of the law of this State, relative thereto.”
And oe it fart/zer e/zaeted oy t/ze aat/zority aforesaid, That if any per-
son or persons, shall ship on board any ship or other vessel, for expor-
tation out of this State, any butter or hogs lard, other than such as has
been ,inspected, by one of the inspectors to be appointed by virtue of
this act, within ten days before the shipping of the same on board, he
she or they shall forfeit and pay, for every cask so shipped onboard, the
sum of ten shillings: And every master of any ship or other vessel who
shall take onboard his ship or vessel any butter or hogs lard, but such
as has been inspected as before directed, shall forfeit and pay for every
cask so taken onborad, the sum of ﬁve shillings.
A no’ te it fart/zer eaaeted by the aat/zorizj/ aforesaid, That all the ﬁnes
and forfeiturs mentioned in this act, may be recovered with costs, in
any court having cognizance thereof, by any person who will sue for
the same, by action of debt, bill, plaint or information; the one half
thereof to be for the use of the person so sueing, and the other half for
the use of the people of this State.
CHAP. 54.
AN ACT granting a bounty
on hemp, to be raised within this
State.
PASSED the 3rd of March, 1788.
Be it enaeted 5] the People of the State of New Yor/e, represented in
Senate and Assemoly, and it is izereoy enacted oy t/ze aat/zority of t/ze same,
That for every hundred weight of good merchantable hemp, which shall
zZCHAP. 55.] ELEVENTH SESSION.
719
be raised within this State, and brought to the city of New York, on or
.before the ﬁrst day of June, one thousand seven hundred and ninety
'rtwo, shall be allowed and paid by the treasurer of this State, out of any
monies which may be in the treasury unapropriated, a bounty of eight
shillings per hundred, to any person or persons who shall bring such
hemp to the city of New York, and, and produce a certiﬁcate of the
weight thereof, and that it is good and merchantable, from one of the
inspectors to be appointed by virtue of this act, to inspect all hemp on
which a bounty is to be allowed, which said inspectors shall receive for
their trouble, from the person who shall employ them, at the rate of six
pence per hundred weight, and no more.
A 12d be ii‘ fart/zer eaaez‘ed by [he aaz‘boriz‘y aforesaid, That it shall and Inspectors
may be lawful for the person administering the government of this State 82th?
for the time being, by and with the advice and consent of the council
of appointment, from time to time, to nominate and appoint two or
more inspectors of hemp in the city of New York; and that each of the
inspectors so appointed, before he enters upon the execution of his
ofﬁce, shall, before the mayor, recorder or one of the aldermen of the said
city, take and subscribe an oath in the words following vizt. “I
do solemnly swear that I will faithfully discharge the duty of an inspec-
tor of hemp, for the State of New York, and that I will not give a cer-
tiﬁcate to any person or persons, for a greater quantity than I actually
inspect, and for none but such as is merchantable; a copy of which
oath, sworn to and subscribed by the said inspectors respectively, shall
‘be ﬁled with the treasurer of this State.
And be it farZ/zer erzaez‘ed by z‘lze aai/zoriiy aforesaid, That the person
who shall have any hemp inspected by virtue of this act, shall before
he receives such certiﬁcate as aforesaid, prove to the satisfaction of the
inspector that the quantity of hemp on his account inspected, was raised
in the county of or counties of in the State of New
York in the year and also that no bounty has yet been paid for
the same, or any part thereof, to the best of his knowledge or belief;
and that he will not receive, or cause to be received, or attempt to
receive, any greater or other bounty for the same, than is allowed by
this act; and shall also produce to the said inspector‘ an afﬁdavit or
afﬁdavits, made before any justice of the peace in this State, from the
person or persons who raised the said hemp, that the same was raised
in the county of or counties of in the State of New
York, in the year and that no bounty has yet been paid for
the same, or any part thereof.

CHAP. 55.
AN ACT to regulate the repacking of beef and pork for exporta-
tion. '
PASSED the 7th of March, 1788.
WHEREAS it is necessary that great care be taken, in the repacking of
beef and pork, two of the staple articles of this State; and w/zereas it
is represented that if proper places were appointed for the inspection of
the same, and the number of inspectors ﬁxed by law, it would prevent
abuses; therefore
n mp;
Proof to be
given by
person
producing
hemp for
inspection.
Preamble.
720
LAWS OF NEW YORK. [CHAR 55-
Repackers
of beef
and pork.
store—
houses to
be pro-
vided.
Barrels,
how to be
made.
Qualities
of beef.
Qualities
of pork.
Branding
of casks.
Be it enacted by the People of the State of New York, represented in'
Senate and Assembly, and it is bereby enacted by t/ze ant/torily of tbe same,
That it shall and may be lawful for the person administering the govern-
ment of this State for the time being, by and with the advice and con-
sent of the council of appointment, to appoint two or more repackers
of beef and pork, for the city and county of New York, one or more
for the city of Albany, one or more for the city of Hudson, and as
many in any other part of this State as shall from time to time be nec-
essary.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That the inspec-
tors to be appointed by virtue of this act, shall provide themselves with
good and sufﬁcient stores, capable of receiving and storing such beef
and pork, as may be brought to them for inspection; and the inspectors
for the city and county of New-York shall provide themselves with as
many stores as may be necessary, provided such stores be on some of the
docks or wharfs of the said city, and that one of such stores shall be at
or near the Albany pier, and another at or near Burling-slip; and no
such inspector shall be allowed any thing for storage of the same beef
and pork, if the owner shall remove the same within three days after the
same shall be repacked.
And be it fart/ter enacted by t/ze ant/zority aforesaid, That all barrels
in which any beef or pork shall be repacked, shall be make of good
white oak staves and heading, with twelve hoops on each barrel, and
shall contain not less than thirty one gallons, nor more than thirty two
gallons, and be as nearly straight as possible, and sufﬁcient to hold
pickle; and that all half barrels shall be made of the like materials and
contain one half as many gallons as the whole barrels.
encourage the raising of large hogs and making of fat beef.
Be it fart/ter enacted by ﬁle ant/zority aforesaid, That from and after
the ﬁrst day of October next, the inspectors so to be appointed, shall
examine and sort all beef and pork to be by them repacked, and such
as is well fatted, shall be repacked and branded on the head, ﬁrst qual-
ity, and such as is interior, second quality; and that each barrel of beef
shall contain two hundred and twenty pounds of beef; the ﬁrst quality
of which, shall not have more than two hocks or shins: one half of a neck,
and shall have at least one round in each barrel, and be otherwise well
fatted; The second quality shall not have more than three hocks or
shins, and one half neck in each barrel, and be otherwise merchantable
beef. And that each barrel of pork shall contain two hundred and ten
pounds of pork well fatted; the ﬁrst quality of which shall not have in
each barrel, more than three shoulders without the legs, which shall be
cut up to the knees, and not to exceed two heads. which heads shall
have the ears and snouts cut off, and shall not exceed in weight thirty
pounds; the second quality shall not have in each barrel, more than ﬁve
shoulders without the legs, and not more than two heads, which shall
not exceed thirty pounds in weight, and shall be otherwise merchantable
pork; and that all half barrels both of beef and pork shall contain one
half the quantity of whole barrels, and be in every respect as to quality
the same as whole barrels; and in every barrel of beef or pork, there-
shall be at least one half bushel of good Lisbon or hard salt, and in every
half barrel one peck.
And be it fnrt/zer enacted by t/ze aut/zority aforesaid, That no beef or
pork shall be repacked, until the same has been laid in salt a sufﬁcient
time before such repacking, and all casks of beef and pork so repacked,.
shall be branded with the initial letter of the packers christian name.
with his sirname at full length, and the name of the place where
And in order to
CHAP. 55.] ELEVENTH SESSION.
721
repacked, and with the word beef or pork, and the words ﬁrst or second
quality, as the case may be; and every repacker of beef and pork shall
carefully secure his marking irons, so as to put it out of the power of
his servants or others to obtain and make use of the same contrary to
the true intent and meaning of this act.
And be it fari/zer enaez‘ed by ibe azzi/zoriiy aforesaid, That every of
the repackers to be appointed by virtue of this act, shall, before he
enters upon the execution of his ofﬁce, take the following oath, before
any justice of the peace viz. “ I do solemnly swear, that I
will faithfully, truly and impartially, according to the best of my judg-
ment, skill and understanding, execute, do and perform the ofﬁce and
duty of an inspector and examiner of beef and pork according to the true
intent and meaning of the laws of this State relative to the same, and
that I will not directly or indirectly, brand or suffer to be branded any
casks of beef or pork, but What shall be sound and good.
And be it farz‘lzer enaez‘ed by tile aza‘bori/y aforesaid, That all beef
and pork repacked between the ﬁrst day of April and the ﬁrst day of
October in every year, shall, at the time of repacking the same, be
pickled with a good strong pickle, made of fresh water and of salt not
ﬁner than Lisbon salt; and that each barrel, to prevent the pickle from
leaking, shall be well trimmed, and nailed with at least three nails on
each head, and with at least three pegs on each quarter. Provided
always.
And be iifarz‘ber enaeied by z‘lze azii/zoriz‘y aforesaid, That it shall and
may be lawful for any owner of any beef or pork, to have the same
repacked in any store, yard or vessel by either of the repackers so to be
appointed as aforesaid; but no beef or pork shall be repacked in any
street or on any wharf, and that the repackers shall have and receive
from the owner of such beef and pork, for repacking the same in the
store by them provided for that purpose, at the rate of one shilling for
each barrel, and eight pence for each half barrel; and if repacked in
:any other store, yard or vessel, one shilling and three pence, for each
barrel, and nine pence for each half barrel, and whether repacked in
the store provided by the repacker, or in the yard, or store or vessel, for
each hoop wanting, and put on by such repacker, two pence, and for
ﬂagging, nailing. pegging, and pickling each barrel, nine pence, and
each half barrel sixpence; the owner ﬁnding or paying for the salt.
And be iz‘fzirt/zer enacted by the aaz‘boriz‘y aforesaid, That if any repacker
of beef or pork, shall neglect or delay to repack any beef or pork, when
Oath of
re packers.
I
Pickling of
beef and
pork pack-
ed during
summer.
Repacking,
where
done; fees.
Neglect by
repacker.
thereunto required by the owner or owners thereof, for the space of .
forty eight hours, every such repacker shall, for each neglect, pay to
such owner or owners the sum of forty shillings.
And be if fari/zer eizaez‘ed by Me azif/zoriiy aforesaid, That if any per-
son or persons shall at any time hereafter, intermix, take out or shift
any beef or pork that has been repacked and branded as aforesaid, every
person so taking out, intermixing and fraudulently shifting such beef or
pork, and being thereof convicted, shall forfeit and pay double the value
of the beef or pork so taken out, intermixed or shifted.
And be if fzirZ/zer mated by Me aziz‘boriiy aforesaid, That for every
offence which the said repackers shall make or commit against the true
intent and meaning of this act and be thereof convicted, he or they so
offending, shall forfeit ﬁfty pounds, and be rendered incapable of serv-
ing again in the ofﬁce.
A 72d be iz‘furz‘lzer eizaeied by tile aaz‘lzoriify aforesaid, That if any person
or persons shall export or ship for exportation out of this State, any
beef or pork not being inspected, pickled and branded by one of the
VOL. 2. —— 91
Intermix—
ing after
inspection.
Oﬂ’ences
by repack-
ers, pen~
alty.
Penalties
for export~
ing unin—
spected
~1
LAWS OF NEW YORK. [CHAR 55.
neef and
pork.
Proceed-
ings Where
violation
of act Sus-
peoted.
Inspectors
not to act
out of
county
‘wh ere ap-
pointed.
'Casks to be
branded
"with name
-of shipper.
‘Penalties,
'how re-
covered.
Colonial
acts re-
.pealed.
sworn inspectors as aforesaid, every such exporter, and the master of
every vessel having onboard such uninspected beef or pork, shall upon
conviction, respectively forfeit and pay the sums following, for every
barrel of beef or pork so exported, or shipped for exportation as afore-
said; that is to say, the owner thereof shall forfeit and pay the sum of
forty shillings, and the master of every vessel having the same onboard,
the sum of ten shillings. Aadfart/zer that the said inspectors and every
of them shall have full power and authority by virtue of this act, on sus-
picion that any beef or pork not inspected as aforesaid, shall be shipped
in any vessel for exportation, to apply to any justice of the peace, and
on oath to assign to such justice the causes of such suspision, and if the
said justice shall think the said suspision well grounded, he shall issue
his warrant to the said inspector or inspectors, to enter onboard any
vessel whatever loading or laden in this State, either in whole or in part,
and to search for and make discovery of any beef or pork shipping or
shipped on board any such vessel for exportation out of this State; and if
any of the said inspectors shall discover any beef or pork not repacked,
branded and pickled as directed in and by this act, on board of any such
vessel, such inspector shall apply to such justice of the peace, who is
hereby authorized and required to issue his warrant, directed to some
peace ofﬁcer or ofﬁcers, commanding him or them to enter onboard
every such vessel having onboard such uninspected beef or pork, and
cause the same to be relanded and delivered to the owner or owners
thereof, upon his or their paying the expence of such search and reland-
ing. And if any person or persons shall obstruct or hinder any inspector
from making such search as aforesaid, or any peace ofﬁcer in relanding
such beef or pork, every person so offending shall forfeit and pay the
sum of one hundred pounds. _
A ad a it fart/ter enacted oy t/ze azct/zorizj» aforesaid, That no inspector
of beef and pork to be appointed by virtue of this act, shall inspect or
brand any casks of beef or pork out of the city or county for which he
shall be appointed an inspector, upon pain of forfeiting the sum of
twenty pounds. And if any person other than the said inspectors, shall’
brand any casks of beef or pork in the manner directed by this act,
every person so offending shall forfeit the sum of "ﬁve pounds for every
cask so branded.
Ana’ oe it further enacted [2y t/ze aat/zorizfy aforesaid, That upon the
head of every barrel or cask of beef or pork, which shall be shipped
from any port in this State, to any port either within or without the
same, the shipper thereof shall, before, or at any time such beef or pork
is repacked, cause the initial letter of his christian name and his sir-
name at full length to be branded.
A nd a it further enacted oy t/ze aat/lrorizj/ aforesaid, That every the
forfeitures and penalties aforesaid, shall and may be recovered, with
costs of suit in any court, having cognizance thereof, by any person or
persons, who will sue and prosecute for the same to effect; one moiety
of which said forfeitures and penalties, when recovered shall be paid to
the overseers of the poor of the town or place where the offence shall
be committed, for the use of the poor thereof and the other moiety
thereof to such person or persons as will sue for the same as aforesaid.
A no’ a it further enacted [2) the authority aforesaid, That all acts of the
late colony of New York respecting the repacking of beef and pork be,
and they are, from and after the said ﬁrst day of October next, hereby
repealed.
CHAP. 56.] ELEVENTH SESSION. 72
‘OJ
CHAP. 56.
AN ACT to regulate the culling of‘ staves and heading.
PASSED the 7th of March, 1788.
WHEREAS staves and heading have become articles of considerable Preamble.
exportation from this State, and it is necessary that great care be taken
to preserve their reputation at foreign markets; Therefore
Be it erzaez‘ed by t/ze People of f/ze Sz‘az‘e of New- York, represented in Staves and
Senate and Assembly, and ii‘ is bereby enacted by Me aaZ/zority of i/ze same, §§;,§‘,‘,',‘,‘{;,g
That from and after the ﬁrst day ofjuly next, no staves or heading ggﬁsggl'tar
shall be exported out of this State to any foreign market, but such as '
shall be culled by the cullers hereafter to be appointed for’ that purpose.
That all butt staves shall be made of good white oak timber, and shall
be of the following dimentions;—-—the long butts shall be ﬁve feet ‘six
inches long, the short butts four feet six inches long, and both at least
ﬁve inches broad when dressed, clear of sap, two inches thick on the
thinest edge, and not more than two and an half inches thick in any
place, and shall be regularly split with the grain of the wood, and free
from twist, and to'be otherwise good and sufﬁcient. That all pipe
stave shall be made of good white oak timber, and shall be four feet six
inches long, and shall work three and an half inches broad when dressed,
clear of sap, and shall be three quarters of an inch thick on the thin
edge, regularly split with the grain of the wood, and shall not have more
than six worm holes, and be otherwise good and sufﬁcient. That all
white oak hogshead staves shall be made of good timber, and shall be
three feet six inches long, and shall work three and half inches broad
when dressed clear of sap, and shall be three quarters of an inch thick
on the thin edge, regularly split with the grain of the wood, and shall
not have more than four worm holes, and be otherwise good and sufﬁc-
ient. That all barrel staves shall be two feet eight inches long, and
shall work three and an half inches broad, when dressed clear of sap, and
shall be three quarters of an inch thick on the thin edge, regularly split
with the grain of the wood, and not more than four worm holes, and
otherwise good and sufﬁcient. That all heading shall be made of good
white oak timber, and shall be two feet eight inches long, and Shall not
be less than six inches broad, clear of sap, three ﬁfths of which shall be
ﬁt for middle pieces, and shall not be less than three fourths of an inch
thick on the thin edge, and be otherwise good and sufﬁcient. That all
red oak hogshead staves, shall be three feet six inches long, four inches
broad including sap, and shall be three quarters of an inch thick on the
thin edge.
And be it furl/ler enacted by file aat/ioriz‘y aforesaid, That the gover- Cullers
nor or person administering the government of this State, for the time £2,235,151‘
being, by and with the advice and consent of the council of appoint-
ment shall and may appoint eight or more cullers, for the city and
county of New-York, four or more cullers for the city and county of
Albany, two or more cullers for the city of Hudson, and as many in the
other counties in this State as shall appear from time to time to be
necessary. '
A 12d be itfurZ/zer enacted by i/ze aaz‘lzoriz‘y aforesaid That each. of the Oath of
cullers to be appointed by virtue of this act, shall take the following cullers‘
oath before some person or persons authorized to administer the same,
viz. “ I do solmnly swear that I will well, faithfully, truly
and impartially according to the best of my judgment, skill and under-
724
LAWS. OF NEW YORK. [CHAR 56.
Fees of
cullers.
Disputes
between
seller and
buyer to be
settled by
cullers.
Illegal ex-
portation ,
penalty.
Id.
Proceed—
lugs where
violation
of act sus-
pected.
standing, execute, do and perform, the ofﬁce of a culler and examiner of
staves and heading, according to the true intent and meaning of the laws
of this State relative thereto.”
And be it fart/ter enacted by the ant/torily aforesaid, That the respec-
tive cullers shall be entitled to receive for culling every thousand pipe
staves, the sum of four shillings, for every thousand hogshead staves and
heading the sum of three shillings, for every thousand barrel staves the
sum of two shillings, and for every thousand long butt staves the sum
of ten shillings, and for every thousand short butt staves the sum of
eight shillings, and no more, computing twelve hundred staves or head-
ing to a thousand, one half to be paid by the buyer, the other half by
seller, and for all such staves or heading as are culled out and not
merchantable, the culler shall be entitled to receive of the proprietor
thereof the one half the price of the culling merchantable staves or
heading. '
And be it furt/zer enacted by t/ze aat/zority aforesaid, That Where any
disputes shall arise between the buyer and seller of staves and heading,
respecting the culling of the staves by the culler, who was employed for
the purpose, such dispute shall be submitted to two other cullers of
staves and heading, one to be chosen by the buyer and the other by the
seller, and their determination shall be conclusive.
And be it fzcrt/zer enacted by t/ze ant/zority aforesaid, That if any person
or persons shall ship on board any vessel for exportation out of this
State, any staves or heading to any foreign market, but such as have
been viewed and examined by some one of the cullers appointed by
virtue of this act, in the city, county or town where such staves or head-
ing were exported from, the master of such vessel, shall forfeit and pay
the sum of twenty shillings for every thousand so taken on board, and
owner or proprietor thereof the sum of forty shillings for every thou-
sand so shipped on board for exportation, to be recovered with costs of
suit by any person who will prosecute for the same, in any court having
cognizance thereof.
And be it fnrt/zer enacted by t/ze azct/zorizj/ aforesaid, That if any person
or persons shall ship on board any ship or vessel for exportation to any
foreign market any staves or heading that have been condemned, or
shall mix the same with any staves or heading that have been culled,
every such person upon due proof thereof shall forfeit and pay the sum
of forty shillings for every thousand condemned staves or heading so
shipt on board or mixed to be recovered in manner aforesaid.
And be it fart/zer enacted by t/ie aut/zority aforesaid That the said cul-
lers and every of them shall have full power and authority by virtue
of this act, and on suspicion that any staves or heading which have not
been culled, or which have been condemned as aforesaid, shall be
shipped in any ship or other vessel for exportation, to apply to any jus-
ticeof the peace and on oath to assign to such justice, the causes of
such suspicion; and if the said justice shall think the said suspicion well
grounded, he shall issue his warrant to the said culler or cullers, to enter
on board any ship or vessel whatsoever within any harbour, port or river
within the county of which he is a culler, to search for and make dis-
covery of any staves or heading shipped or shipping on board of any
such vessel for exportation, immediately from thence to any foreign
market, and if the said culler on such search, discover any staves or
heading shipped on board any such vessel that have not been culled by
one of the cullers appointed by virtue of this act, or shall ﬁnd on board
any staves that have been culled out or condemned, such culler shall
apply to, one of the nearest justices of the peace, who is hereby required
CHAP. 58.] ELEVENTH SESSION. 725
to issue his warrant, directed to some peace ofﬁcer or ofﬁcers, command-
ing him or them to enter on board such vessel having on board such
condemned or uninspected staves or heading, and cause the same to be
relanded and delivered to the owner or owners thereof, upon his or their
paying the expence of such search and relanding.
Arid be if fari/zer mailed by Me aaz‘lzoriz‘y aforesaid, That one moiety Forfeiture,
of the forfeitures to be recovered by virtue of this act shall be paid to recovery of
the overseers of the poor in the town or place where the offence was
committed for the use of the poor thereof, and the other moiety thereof
to such person or persons as will sue for the same as aforesaid.
AN ACT authorizing the corporation of the city of New York to
remove the statue therein mentioned.
PASSED the 7th of March, 1788.
WHEREAS the levelling and alterin of'VVall-street in the cit of New- Preamble, .
c g y
York, renders it inconvenient that the remains of the statue of the late
Earl of Chatham, while the Right Honorable YVilliam Pitt, which now
stands in the said street, should continue there. Therefore,
Be iz‘ eizaez‘ed by l/ze People of Me State of New Yor/e, represented in Statue of
Senate and Assembly, and it is bereby eizaez‘ed by i/ze aziz‘boriz‘y of ibe same, 92%‘;
That it shall be lawful for the corporation of the city of New York, to removed-
cause the said statue to be removed to some convenient place, where the
same may be preserved, until the further order of the legislature.
CHAP. 58.
AN ACT supplementary to the act entitled An act to prevent
the exportation of unmerchantable ﬂour, and the false tareing
of bread and flour casks.
PASSED the 7th of March, I788.
Be ii‘ enaez‘ed by [be People of {be Sz‘afe of New- York, represented in Act recited
Senate and Assembly, and if is bereby eizaez‘ed by i/ze auz‘lioriz‘y of ﬁle same, ,fggfgédaadd
That the act entitled An act to prevent the exportation of unmerchant- buckwheat
able flour, and the false taring of bread aud ﬂour casks, passed the six- ﬂour‘
teenth of March, one thousand seven hundred and eighty ﬁve, and
every section and article therein mentioned, except the ﬁfteenth and s
twenty ﬁrst sections thereof, shall extend and it is declared and enacted
to extend to rye and buckwheat ﬂour, in as full and ample a manner as
if the said several articles had been expressly named or mentioned in
the said act, any thing in the said act to the contrary notwithstanding.
A 12d be it fart/ier enaez‘ed by z‘be aaiborizy aforesaid, That every cask Branding
containing rye or buck wheat ﬂour, shall (besides the marks and brands of casks‘
directed by the said act, to be put by manufacturers on casks contain-
ing wheat ﬂour) be branded on one of the heads with the words RYE
FLOUR or BUCK. W: FLOUR, as the case may require. _
And be it fzirf/zer enaeied by i/ze azzf/zoriz‘y aforesaid, That no meal Egfgegw
made of Indian corn, shall be exported from this State, unless it be latina
. . . . t ..
inspected by one of the inspectors appointed pursuant to the act herein 21130;;
F
LAWS OF NEIV YORK. [CHAP. 58.
126
Intermix—
ing after
inspection,
penalty.
Condemn-
ed ﬂour
and meal.
Casks to be
branded
with name
of shipper.
Standard
weight of
wheat.
Ship bis-
cuit, etc.
before mentioned, and unless it shall appear to the satisfaction of the
said inspectors, that the corn of which the said meal was made, had
been sufﬁciently dry, or had been kiln-dried; and such as has been kiln-
dried, shall be branded, on the cask, with the letters KILN. D: MEAL,
and with the initial letter of the miller or owner's christian name and
his surname at full length; and the casks containing the same shall be
of the following dimensions, to wit, twenty seven-inches in length, and
the diameter of each head sixteen inches and one half, and the casks
made nearly straight, for the convenience of stowing in vessels; and
each of the said casks shall contain one hundred and sixty eight pounds
of meal, which weight shall be branded on each of the casks, and the
tare marked thereon with a marking iron. Provided aezzert/zeless that
nothing in this act shall prevent the packing of Indian meal for expor-
tation in hogsheads; but all such meal shall be inspected and branded
as if packed in barrels, and the inspectors shall be entitled to receive for
inspecting each hogshead the sum of three pence, and for each barrel
the sum of one penny-half penny, and the weightof meal in each such
hogshead shall be marked thereon.
And oe it fart/ter erzacted oy t/ze aat/zority aforesaid, That if any per-
son or persons shall mix any uninspected buck-wheat ﬂour, rye ﬂour, or
meal made of Indian corn, with such as has been inspected, and shall
offer the same for sale as inspected ﬂour, he she or they so offending,
shall forfeit, for each barrel so mixed and offered for sale, the sum of
twenty shillings; and for each hogshead so mixed and offered for sale
the sum of three pounds and if any person or persons shall export any
Indian meaLthat has not been inspected and branded as herein before
directed, he, she or they shall forfeit, for every barrel so exported, the
sum of ten shillings; and for every hogshead so exported the sum of
thirty shillings and the said inspectors, appointed or to be appointed,
pursuant to the said herein before mentioned act, are hereby directed
not to inspect any wheat ﬂour but what shall be packed in new casks
not before used for any purpose.
And a it fart/cer enacted ay t/ze aat/zority aforesaid, That it shall and
may be lawful for the inspector or inspectors of flour and meal, in this
State, and they are hereby directed to brand or mark the word bad on
the head of each cask of condemned flour or meal.
And ﬁe it fart/cer enacted by the aat/zority aforesaid, That on the head
of each cask or barrel, in which ﬂour, commonly called midlings or
cornel, shall be packed for sale or exportation, the initial letter of the
owner's or miller’s christian name, with his surname at full length, shall
be branded, and also the word midlings or cornel, as the case may be;
and every person who shall sell or export any midlings or cornels, in
casks not branded as herein before directed, shall forfeit for each cask
so sold or exported, and not branded, the sum of ten shillings.
And ﬁe it further enacted by t/ze aat/zority aforesaid, That the stand-
ard weight of wheat brought to the city of New-York for sale shall be
sixty pounds nett to the bushel; and in all cases of sales of wheat in the
said city by the bushel, if the same shall exceed the standard weight,
the buyer shall pay a proportionably greater price; and if the same
shall be less than the said standard, the buyer shall pay a proportionably
less price. Provided that this regulation shall not extend to any special
contracts respecting the sales of wheat, whatever may be the weight
thereof.
And a it fart/zer enacted by t/ze aat/zority aforesaid, That every baker
of any of the kinds of hard bread, commonly called ship, midling, water,
butter or milk biscuit, intended for sale, shall cause the initial letter of
CHAP. 59.] ELEVENTH SESSION. 72
'-l
his christian name, with his surname at full length, to be impressed on
each biscuit so baked, and that upon the head of every cask or keg in
which any such biscuit are packed for exportation, shall be marked
with a marking iron, the tare of such cask or keg, and that the initial
letter of the baker’s christain name, with his surname at full length, shall
be branded thereon, with words expressing the kind of bread or biscuit
contained in the same, and the name of the city or county where such
bread or biscuit was baked, and such biscuit as is commonly sold in
small kegs shall contain either seven or fourteen pounds of the said
bread. And if any person or persons shall sell or ship for exportation,
any kind of hard bread, not marked and branded, as herein before
directed, he, she or they shall forfeit, for each hundred weight, so shipped
or sold, the sum of ﬁve shillings, and so in proportion for a greater or
less quantity.
And be it furl/ter e/zaez‘ed by i/ze aai/zorily aforesaid, That the several Fees of
measurers appointed or to be appointed within this State, shall be enti- measmers'
tled to receive and take for measuring ﬂax seed, salt, wheat, rye, corn,
buck wheat, or any other article commonly sold by the bushel, one
half penny per bushel, and no more; and for all coal measured, at and
after the rate of two shillings for every chaldron, and no more; the one
half to be paid by the buyer, and the other half by the seller, unless a
particular contract is made to the contrary.
And be it fari/zer marred by ﬁle aaz‘liorizy aforesaid, That this act shall Act, when
be in force from and after the ﬁrst day of july next, and that all for- 3225f“,
feitures mentioned in the same, shall and may be recovered in any court feitures-
having cognizance thereof, with costs of suit, by any person or persons
who shall sue for them respectively, by action of debt, bill, plaint or
information; the one half thereof to be for his, her, or their own use,
& the other half for the use of the people of this State.

CHAP. 59‘
AN ACT for the relief of ‘William Chace.
PASSED the 7th of March, 1788.‘
\VHEREAS \Villiam Chace of Schaghticooke in the county of Albany Preamble,
hath erected a bridge across the Hosick river, being thereunto encour-
aged by sundry of the inhabitants of that and the neighbouring districts;
and zo/zereas it appears to the legislature, that he hath expended to the
amount of about sixteen hundred pounds in erecting the said bridge;
and 'w/iereas the said bridge is found to be of great public utility, and it
appears proper, that compensation should be made to the said \Villiam
Chace. Therefore
Be it erzaez‘ed by z‘lze People of z‘lze Sfale of New York, represented in William
Chane em- '-
Se/zaz‘e and Assembly, and it is lzereby e/zaez‘ed by z‘lze aaf/zority of [be same puwervd w
That it shall and may be lawful to and for the said William Chace, his geceive
heirs executors administrators and assigns, from and after the passing 3552,.
of this act, and for and during the term of twenty years, to ask, demand ibm’: bridge
. . . uilt by
and take, for the use of the said bridge, a toll agreable to the followmg him.
rates, vizt. ,
For every carriage crosslng the sa1d bridge drawn by two horses or Rate oi’ toll,
\
two working cattle, the sum of one shilling.
b3
C13
LAWS OF NEW YORK. [CHAR 60.
Persons
who have
contrib-
uted to
bridge ex-
erupted.
Certain
highway
may be
closed.
No bridge ,
except pri-
vate. to be
erected
Within two
miles.
Preamble.
Tax laid
in West.-
ehester
county to
complete
court-
house and
jail.
For every carriage drawn by more than two horses, or two cattle, at
and after the rate of three pence for each additional horse or working
creature.
For a man and horse, the sum of six pence.
For a single person, the sum of two pence.
For every single horse, mare or colt, the sum of two pence.
For every ox, cow, heifer or calf, the sum of two pence. -
For sheep and hogs, at and after the rate, of one shilling per score.
Broz'idcd always and be it fart/ter enacted by Me ant/iority aforesaid,
That all persons who have subscribed and paid any money towards the
building of the said bridge, shall be exempted from the payment of- toll
upon passing the said bridge, for themselves their goods and property,
until the amount of the toll that would be otherwise payable by them
respectively shall be equal in amount to the several sum of money, by
them respectively subscribed and paid as aforesaid.
And be it fart/cer enacted by t/ze ant/zority aforesaid, That it shall and
may be lawful, to and for the said William Chace, to fence up, or other-
wise stop up, so much of the high-way leading from the northward to
Harts Point, as runs thro’ his own land, and lies between the said bridge
and the places where the said Hosick river was crossed by the ford and
ferry before the erecting of the said bridge.
And be it fttl'l/tc’l’ enacted by Me ant/rarity aﬁiresaiil, That it shall not
be lawful, to and for any person or persons whatsoever, to erect, or
cause to be erected, any bridge over or across the said Hosick river, at
any place nearer than two miles on a straight line, to the eastward and
westward of the said bridge so erected by the said William Chace, unless
for the private use of the proprietor or proprietors of the soil where
such bridge shall be erected; and if any such private bridge shall be
erected and the proprietor thereof shall permit any carriages or cattle
other than those actually belonging to himself tocross such bridge, such
prorietor shall pay unto the said WVilliam Chace his heirs executors
administrators or assigns, treble the toll herein before speciﬁed, to be
recovered in any suit or action of debt before any justice of the peace
having cognizance thereof.
()HAP. 60.
AN ACT to raise a further sum of money to ﬁnish the court
houses and gaol in West Chester county; and for other pur-
poses therein mentioned.
PASSED the 7th of March, 1788.
W'HEREAS the money heretofore raised and collected in the county of
Westchester, has proved insufﬁcient to build and ﬁnish the court houses
and gaol in the said county; therefore,
Be it enacted by tile People of tke State of New York, represented in
Senate and A ssembly, and it is kereby enacted by t/ze aatlzority of t/ze same,
That the supervisors of the several towns in the county of West Chester
for the time being, shall be, and they are hereby authorised and required,
to cause to be raised and levied on the freeholders and inhabitants of
the said county, a sum not exceeding seven hundred and ﬁfty pounds,
for ﬁnishing the two court houses and gaol in the said county, with an
additional sum of one shilling in the pound for collecting the same,
which said sums shall be raised, levied and collected, in like manner as
CHAP. 60.] ELEVENTH SESSION.
7
the other necessary and contingent charges of the county are raised,
levied and collected.
A 72d be it fari/zer eaaez‘ed by z‘lze aai/zorizy aforesaid, That the said
supervisors shall meet at the court house at the White Plains, in the
said county, on the ﬁrst Tuesday in May, in the present year one thou-
sand seven hundred and eighty eight, for the purpose of dividing and
apportioning among the several towns in the said county, the money to
be raised by virtue of this act; and it is hereby made the duty of the
clerk of the said supervisors to notify the respective supervisors of
such meeting: Which money to be raised as aforesaid, shall be col-
lected and paid into the treasury of the said county, on or before the
ﬁrst day of july next, and the sum of six hundred pounds of the said
money, shall be applied towards the ﬁnishing the court house and gaol
at the White Plains, and the sum of one hundred and ﬁfty pounds of
the said money, shall be applied towards the ﬁnishing the court house
at Bedford.
A lid be it fari/zer eizaez‘ed by i/ie aal/zorizy aforesaid, That the county
treasurer shall pay to the trustees appointed by virtue of an act “ entitled
An act for building two court houses and a gaol in the county of
\Vest Chester, and raising money for that purpose, passed the ﬁrst day
of May one thousand seven hundred and eighty six,” the monies he
shall receive by virtue of this act, retaining in his hands a stun not exceed-
ing one half per cent on the monies received, and paid out by him by
virtue of this act; and the said trustees, shall account to the supervi-
sors of the said county, for the money so by them to be received and
expended.
And be it fari/ier eizaez‘ed by file azzi/zoriz‘y aforesaid, That if the said
treasurer, or any supervisor, assessor, or collector, shall neglect or
refuse to perform the duty required of him by this act, the person so
neglecting or refusing, shall forfeit the sum of ﬁfty pounds, to be recov-
ered in an action of debt, in any court of record within this State, by
the trustees before mentioned, or the survivors of them; which forfeit—
ure or forfeitures when recovered, shall be applied to defraying the
expences of ﬁnishing the said court houses and gaol.
And zo/zereas it is suggested to the legislature, that there remains due
from the town of Bedford to the late church wardens of the late parish
of Rye, and others, sundry sums of money which ought to have been
raised by the said town, by virtue of former laws for the support of the
poor. Therefore,
Be it fzirz‘lzer eaaez‘ed by Me am‘lzorizy aforesaid, That it shall and may
be lawful for the supervisors of the said county of West Chester, or the
major part of them, and they are hereby required at their next annual
meeting, to examine into and ascertain the amount of the monies so due,
from the said town of Bedford, and to cause all such sum and sums of
money as they shall ﬁnd to be so due, together with one shilling in the
pound for collecting, and two pence in the pound, for the fees of the
county treasurer, for receiving and paying, to be raised, levied and col-
. lected, in the said town of Bedford, from the freeholders and inhabit—
‘ ants of the same town, in the same manner as the proportion of the said
town, of the necessary and contingent charges of the said county are
raised, levied and collected, and to be paid by the collector after deduct-
ing his fees for collecting as aforesaid, to the treasurer of the said county,
on or before the ﬁrst day of january next, who shall pay the same, after
deducting his fees, to the persons to whom the said monies are due, in
discharge of their demands, as the said supervisor shall order and direct.
_And if any supervisor, assessor, or collector, shall refuse or neglect, to
VOL. 2.-—92
Supervis-
ors to meet
and appor-
tion tax.
Payments
by county
treasurer.
Neglect by
ofﬁcer
charged
with duty
under this
act.
Bed ford ,
arrears of
poor tax.
LAWS OF NEW YORK. [CHAR 6r.
Preamble .
Minister,
elders and
deacons to
me trustees
of Reform-
ed Protes-
tant Dutch
churches.
perform the duty required of him by this clause of this act, he shall for-
feit and pay the sum of one hundred pounds, to the treasurer of the said
county, to be recovered with costs, in any court of record, by action of
debt, bill, plaint, or information, in the name of the treasurer of the
county of \Vest Chester for the time being, and to be disposed of for the
use of the same county, in such manner and for such purposes, as the
supervisors of the same county for the time being, shall think proper
and direct.

CHAP. 61.
AN ACT making such alterations in the act for incorporating
religious societies, as to render the same more convenient to
the Reformed Protestant Dutch congregations.
PASSED the 7th of March, 1788.
WHEREAS by the usage of the religious societies commonly known by
the appellation of the Reformed Protestant Dutch churches or congre-
gations, the minister or ministers, and elders and deacons, for the time
being, have the management of the temporalities of the respective con—
gregations, and the said congregations cannot therefore avail themselves
of the beneﬁt intended by the act entitled “An act to enable all the
religious denominations in this State, to appoint trustees, who shall be a
body corporate, for the purpose of taking care of the temporalities of
their respective congregations, and for other purposes therein men-
tioned” passed the 6th day of April, 1784,” without departing from
such usage, which hath long been established, and hath always been
approved of, by the members of the said congregations. And za/zereas
several of the said congregations, have, by their petitions to the legisla-
ture prayed, that they might be accommodated in this respect, and that
the requisite alterations might be made in the said act. Therefore,
Be it enacted by t/ze People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by t/ze aat/zority of tbe same,
That the elders and deacons for the time being, and if there shall be a
minister or ministers, then the minister or ministers, and elders and
deacons for the time being, during the time there shall so be a minister
or ministers, of every Reformed Protestant Dutch church or congrega-
tion, established or formed, or hereafter to be established or formed in
this State, shall be trustees for their respective churches or congrega-
tions, and be respectively bodies corporate, to the same intents and pur-
poses, and with the like powers and authorities, and capacities, and
subject to the same duties, as are, in and by the said act, declared and
enacted, with respect to trustees elected agreable to the mode therein~
prescribed. That the said trustees so to be respective bodies corporate,
in virtue of this act, shall be respectively elected agreable to the rules
and usages of the Reformed Protestant Dutch churches within this
State, That it shall be lawful for the elders and deacons, and wherel
there shall be a minister or ministers, then for the minister or ministers,
and elders and deacons of every Reformed Protestant Dutch church or
congregation, already formed or established, or hereafter to be formed
or established, within this State, to assemble together as soon as they
shall respectively deem it convenient, and to execute under their hands
and seals, a certiﬁcate, certifying the name, style or title by which they
the said trustees of such church or congregation and their successors
CHAP. 62.] ELEVENTH SESSION.
forever, shall as a body corporate by virtue of this act, be called, dis-
tinguished or known; and which certiﬁcate, shall be proved or acknowl—
edged and recorded in like manner, as is directed in and by the said
act. And fart/ter that it shall be lawful for the trustees of any such
church or congregation, elected in virtue of the said act, by writing
under their hands/and seals, to be proved or acknowledged, and recorded
as aforesaid, to declare their will, not to continue longer a body corpo-
rate; and from and immediately after the recording of such writing, such
body corporate shall cease, and all the estate, real or personal held by
them, shall pass to, and be vested in, the trustees of such church or
congregation made a body corporate by virtue of this act.
CHAP. 62.
AN ACT for the better settlement and relief of the poor.
PASSED the 7th of March, 1788.
WHEREAS the laws of this State for the settlement and relief of the
poor and for the removal of disorderly persons, have by experience been
found insufﬁcient, for remedy whereof.
Be it enaez‘ed by i/ze People of i/ze Siaz‘e of New Yor/e, relbreserzz‘ed in
Senate and Assembly, and ii‘ is lzereby erzaez‘ed by fire aaz’lzorizj/ of Me same,
That every city and town shall support and maintain their own poor.
A 12d be iz‘farz‘lzer marred by z‘lze aaz‘borizy aforesaid, That every person
who shall have come to inhabit in any city or town within this State and
shall actually and bona ﬁde have rented and occupied a tenement of the
yearly value of twelve pounds or upwards for two years and actually
paid such rent; and every person who shall have come to inhabit in any
city or town within this State and shall for himself or on his own account,
have executed any public annual ofﬁce or charge in such city or town,
during one whole year; or who shall have been charged with and paid
his or her share toward the public taxes of such city or town, for the
space of two years; and every person who shall have been bound an
apprentice or servant by indenture or by any deed, contract or writing
not indented, and shall, in consequence of such binding, have served a
term not less than two years, in such city or town, shall be deemed and
adjudged to have obtained a legal settlement in such city or town; and
that all marriners coming into this State and having no settlement in
this State, or in any other of the United States of America; and every
other healthy able-bodied person coming directly from some foreign
port or place into this State, shall be deemed and adjudged to be legally
' settled in the city or town in which he or she shall have ﬁrst resided for
the space of one year.
A no’ be iz‘farilzer enacted by ﬁle aaz‘lzorizfy aforesaid, That every bastard
child shall be deemed and adjudged to be settled in the city or town of
the last legal settlement of his or her mother.
A 22d be it fart/ler enaeted by z‘lzeauz‘borizy aforesaid, That no person or
persons shall be deemed, adjudged or taken to acquire or gain a settle-
ment in any city or town, within this State for or by .virtue of any pur-
chase of any estate or interest in such city or town, whereof the consid-
eration for such purchase shall not amount to the sum of thirty pou'nds,
bona ﬁde paid, for any longer or further time than such person or per-
sons shall inhabit in such estate, and shall then be liable to be removed
Preamble.
City and
town poor.
Settle-
men t, what
deemed.
Bastard
children.
Pureh ase
of estate.
732 LAWS OF NEW YORK. [CHAR 62.
to the city or town where such person or persons were last legally set-
tled before the said purchase and inhabitancy therein.
Notice to And [16 2'! furZ/zer elzacz‘ed ﬁy Z/ze auZ/zm'z'fy aforesaid, That if any person
23515263? or persons, other than those herein before mentioned, coming into any
city or town within this State, shall within forty days after his her or their
' coming into such city or town, deliver a notice in writing to any two
overseers of the poor of such city or town, into which he she or they
shall come to reside, of the house or place of his, her or their abode and
the number and names of his, her or their family, (if he she or they shall
have any); which notice such overseers of the poor are hereby required
to register or to cause to be registered within forty eight hours after the
receipt thereof, in the book kept in such city or town for the accounts
of the poor, and in case the overseers of the poor of such city or town
shall not, within twelve months after such notice, cause such person or
persons to be removed out of such city or town, in the manner herein
after mentioned, that then and in such case the person or persons so
giving notice as aforesaid, shall be deemed and adjudged to be legally
settled in such city or town to all intents and purposes whatsoever.
Penalty fpr Ana’ ﬁe z'z‘ furl/w)" e/zaa‘m’ 15)) Me azzt/wrz'z‘y aforesaid, That if any over-
seer or overseers of the poor shall refuse or neglect to register or to
resister. cause to be registered such notice in writing as aforesaid, in such time
and manner as aforesaid, he or they shall, for every such refusal or neg-
lect, forfeit the sum of forty shillings, to the use of the party aggrieved,
to be recovered, with costs of suit, in any court having cognizance
thereof,
Proceed- Ana’ ﬁe 2'1‘ furZ/zcr eiztza‘t’d lg; 2718 az/f/wrz'zfy afw-rcsaz'ti, That if any over-
tgfgofgfl of seer or overseers of the poor of any city or town shall have reason to
poor Per- believe that any stranger who shall have come to reside in such citv or
son totown . . . J
where town and who shall not have obtained a legal settlement in such city or
ggﬁhhggr‘ town, according to the true intent and meaning of this act, is likely to
legal set- become chargeable to such city or town, such overseer or overseers of
‘lament’ the poor shall and may apply to any two justices of the peace of such
city, or of the county in which such town shall lie, and inform them
thereof; and the said justices being so or otherwise informed, or seeing
such stranger and suspecting him or her to be of insufﬁcient abilities or
likely to become a charge to such city or town, are hereby authorized
and required to issue their warrant to a constable of such city or town,
thereby commanding him to bring such stranger before them the said
justices, at such time and place as they, in their said Warrant, shall for
that purpose appoint, and they the said justices shall examine every
stranger so brought before them and any other person or persons, Whom
they may think necessary, upon oath, relating to the abilities and last
place of legal settlement of such stranger; and if, upon such examina-
tion, the said justices shall ﬁnd such stranger likely to become a charge
to such city or town, they shall order and direct such stranger, by a cer-
tain day by them to be preﬁxed, to remove to the place of his, her or
their former settlement, and on neglect or refusal to comply with the
said order, the said justices shall issue a warrant, under their hands and:
seals, directed to any constable of such city or town, (who is hereby,
required and commanded to execute such warrant) thereby command-
ing him to convey or transport such stranger to the constable of the
next city or town, through which such stranger shall have been suffered
to wander and stroll unapprehended, and so from constable to constable,
or in such other manner, by the nearest and most convenient route, as
the said justices shall think ﬁt to direct, to the place of legal settlement
of such stranger, if the same shall be Within this State. Ana’ further,
CHAP. 62.] ELEVENTH SESSION.
*1
U3
if such stranger hath no place of legal settlement within this State, or if
the said justices shall not be able to discover where the last place of
legal settlement of such stranger was, then the said justices shall, in their
said warrant, direct that he or she be conveyed and transported to the
city or town from whence he or she last came and the constable so con-
veying such stranger shall deliver him or her, together with his warrant
aforesaid, to or at the house of some constable of such city or town,
which constable is hereby required to receive such stranger and convey
him or her to the next constable and so from constable to constable, or
otherwise, as such justices shall direct as aforesaid, until such stranger
shall be transported into some city or town within this State, where he
or she shall have come from or be legally settled in, or out of this State
into the State from whence he or she came into this State, as the case
may require.
A ad be iz‘fari/ier enaez'ed by i/ze aui/zoriiy aforesaid, That if any house-
holder or inhabitant of this State shall take into receive or entertain, in
his her or their dwelling house out house or family, for the space of
ﬁfteen days, any person who hath not gained a settlement in some city
or town within this State, and shall not, within the time aforesaid, give
notice in writing to one of the overseers of the poor of such city or town,
of the name, quality, condition and circumstances of the person so enter—
tained, according to the best knowledge of such householder or inhab-
Inhabit-
ants to
give notice
of stranger
enter—
tained.
itant; every such householder or inhabitant, so entertaining as aforesaid, -
shall, for every such offence, forfeit the sum of forty shillings, to be
recovered with costs of suit, before any court, having cognizance thereof,
by any person or persons who shall sue and prosecute for the same to
effect; one half of which forfeiture when recovered to be paid to the
overseers of the poor of such city or town, and the other half to the
person or persons who shall sue for the same as aforesaid. Aﬂliflli'i/Zé’l’,
if the person so entertained as aforesaid, shall have remained in any city
or town longer than the term of forty days, then and in such case it shall
and may be lawful for any two justices of the peace of such city or of
the county in which such town shall lie, to cause such and so many
of the householders or inhabitants of such city or town who shall have
so entertained such stranger, during the term of ﬁfteen days, without
giving information thereof as aforesaid, to be brought before them the
said justices, and such householders or inhabitants shall enter into bond
to the overseers of the poor of such city or town for the time being and
their successors, in the sum of one hundred pounds conditioned that
such stranger shall not become a charge to such city or town; and in
case any of the said persons, who shall have entertained such stranger
as aforesaid, being in the opinion of such justices of the peace of sufﬁ-
cient ability, shall refuse to become bound as aforesaid, it shall and may
be lawful for the said justices of the peace, by warrant under their
hands and seals, directed to any constable of such city or town, to cause
such person or persons so refusing, to be committed to the common
goal of such city or of the county in which such town shall lie, there to
remain until he she or they respectively shall consent and become bound
as aforesaid; and such bond shall not be avoided by plea of duress:
but if the person or persons so entertaining such strangers shall not, in
the opinion of the said justices of the peace, be of sufﬁcient abilities to
become bound as aforesaid, or if the said justices shall not think ﬁt to
take such bond as aforesaid, then they shall cause such stranger to be
conveyed from constable to constable in manner aforesaid, tmtil he or
she shall be transported to the place of his or her last settlement, if
74
LAWS OF NEW YORK. [CHAR 62.
O
Constable,
fees for
transport-
ing strang-
ers.
Person re-
moved to
be whip-
ped if he
returns.
Overseers
of poor of
town to
which per-
son remov-
ed to re-
ceive him.
Removal
of person
not to
affect set-
tlement.
Certiﬁcate
of settle—
ment to be
ﬁled by per-
son remov-
mg from
one town
to another.
within this State, or into any other of the United Stares, if from thence
he or she came.
And be it fzcrt/zer enacted by t/ze aat/zoritv aforesaid, That every con-
stable transporting any stranger or strangers shall receive so much money
for his or their services as the supervisors of the city or county shall
judge he reasonably deserved to have. And fart/cer, that the charges
of every transportation shall be borne by the respective city or county,
and be raised, levied, collected and paid in the same manner as other
monies for the contingent charges of such city or county, are raised,
levied, collected and paid in such respective city or county.
And be it fart/cer enacted by t/ze aat/zorizj/ aforesaid, That if any person
so removed or transported as aforesaid, shall return into this State, or
from the place of his or her legal settlement, to the city or town from
whence he or she was so removed or transported as aforesaid, so as to
be likely to become a burthen to such city or town aforesaid, such per-
son so returning shall, by warrant from any two justices of the peace of
such city, or of such county, in which such town shall lie, be appre-
hended and re-transported as aforesaid; and shall, by every constable
into whose charge such person shall come, if the justices so removing
him or her, shall think proper and so direct, be whipped, if a man, not
exceeding thirty nine lashes and if a woman, not exceeding twenty ﬁve
lashes, and so as often as he or she shall return, after such transporta-
tion.
And be it fart/cer enacted by t/ze aat/zoriij/ aforesaid, That if any person
be removed by virtue of this act, from one city or town to another
within this State, by warrant under the hands and seals of any two jus—
tices of the peace as aforesaid, the overseers of the poor of the city or
town to which the said person shall be so removed, are hereby required
to receive the said person; and if they or any of them shall refuse or
neglect so to do, the overseer or overseers so refusing or neglecting,
shall, if thereof convicted by the oath of two witnesses, forfeit and pay,
for each offence the sum of ten pounds to the use of the poor of the city
or town from which the said person was so removed, to be recovered,
with costs of suit, in any court having cognizance thereof, by the over—
seers of the poor of such city or town from which such person was so
removed as aforesaid.
Provided always, and be it fart/cer enacted by t/ze aat/zority aforesaid,
That no person or persons, his, her or their child or children shall
acquire or gain a settlement in the city or town to which he, she or they
shall be so removed by virtue of this act, but his, her or their settlement
shall be and remain in the same place'where it was before such removal;
any thing in this act to the contrary notwithstanding.
And eolzereas many poor persons resident in this State, cannot ﬁnd
employment in the city or town where ‘they are legally settled and are
not able to give security that they and their families shall not become
chargeable to any other city or town where they can ﬁnd employ; for
remedy whereof, Be it fart/ter enacted by t/ze aat/zorizj/ aforesaid, That
if any person or persons who shall think proper to remove out of any
one city or town within this State, into any other, there to inhabit or
reside and shall at the same time procure bring and deliver, to the over-
seers of the poor of the city or town, where he she or they shall so come
to inhabit or reside, or to any one of them, a certiﬁcate, under the hands
and seals of the overseers of the poor or of any two of them, of the city
or town of his, her or their last legal settlement, attested by two or more
credible witnesses, thereby owning or acknowledging the person or per-
sons mentioned in such certiﬁcate to be an inhabitant or inhabitants
CHAP. 62.] ELEVENTH SESSION.
~]
0:
0‘!
\-
legally settled in the city or town mentioned in such certiﬁcates as afore—
said, which certiﬁcate shall be, either acknowledged by the overseers of
the poor giving the same, or shall be duly proved by the witnesses, who
shall have attested the execution thereof, or one of them, before any
‘justice of the peace of the city or of the county wherein the town, from
whence any such certiﬁcate shall come, shall lie, and shall be approved
of and subscribed by such justice of the peace; then and in such case,
it shall and may be lawful for every such person, with his or her family
(if he or she have any) upon the delivery of such certiﬁcate as aforesaid,
to continue, abide and remain in any such city or town, to which he, she
or they shall remove as aforesaid, and to follow any honest employment
within the same; and the overseers of the poor shall deliver every such
certiﬁcate to the town clerk of the city or town, in which any such per—
son or persons shall come to reside as aforesaid, who is hereby required
to ﬁle and record the Same. A/zdfari'lier that every such certiﬁcate so
acknowledged or proved and allowed as aforesaid, shall be deemed,
taken and allowed, in all courts whatsoever within this State, as duly
and fully proved and shall be taken and received as evidence without
any other proof thereof.
And be ii‘ fart/ler marred by Me aai/zorizy aforesaid, That whenever Person Ill-
any person, with his or her family (if he or she have any) or any part Ejfgecigtgi'
thereof, so remaining by virtue of the certiﬁcate or certiﬁcates aforsaid, removed if
- - _ - he become
shall become chargeable or be obliged, by sickness or otherwise to ask acharge_
relief of the city or town, into which he, she or they were received as
aforesaid, that then and not before, it shall and may be lawful for any
two justices of the peace of the city or county into which such person
or persons were received by virtue of such certiﬁcate as aforesaid, to
remove and convey all andlevery such person or persons, with all and
every of his or her family and his or her children, though born in such
city or town, and his or her servants and apprentices not having other-
wise acquired a legalsettlement there, to the city or town from which
such certiﬁcate was brought as aforesaid; the overseers of the poor of
which city or town are in such case hereby required and obliged to
receive and provide for every such person and his or her family as afore—
said.
A/zd be ii‘ furl/ler e/zaeled by z‘lze aaz‘lzorizy aforesaid, That no person
who shall come to reside in any city or town by virtue of any such cer-
tiﬁcate as aforesaid, shall be deemed or adjudged by any act whatsoever, tiﬁgaie not
of him or her, to have gained a legal settlement in such city or town, Z‘éaiélilim
during the time he or she shall reside there by virtue of such certiﬁcate,
unless he or she shall really and bona ﬁde purchase a freehold of the
value of thirty pounds or upwards; or really and bona ﬁde have rented
and occupied a tenement of the yearly value of twelve pounds or
upwards, for two whole years, or shall have executed a public annual
ofﬁce or charge in such city or town for one whole year as aforesaid.
And be ii‘ fare/ler e/zaeled by i/ze aai/zoriz‘y aforesaid, That when any Reimbur-
person or persons or their families residing in any city or town or sent Sal of We“
seers b
thither by certiﬁcate and becoming chargeable as aforesaid, shall be war", 1T0!“
removed back to the city or town to which such person or persons shall Llrl‘iﬁ‘cate
belong, the overseers of the poor shall be reimbursed such reasonable sent‘
charges, as he or they may have been put unto, in maintaining and
removing such person or persons, by the overseers of the poor of the
city or town to which such person or persons is are or shall be removed,
the said charges having been ﬁrst ascertained and allowed by two or
more of the justices of the peace of the city or of the county in which
such town, from which such removal shall be made shall lie; which said
Person
residing
under cer-
36
LAWS OF NEW YORK. [CHAR 62.
Where
relief af-
forded to
person
chargeable
to another
town, over-
seers to be
reimbursed
Appeals to
general
sessions.
charges so ascertained and allowed, shall, in case of refusal of payment,
be levied by distress and sale of the goods and chattels of the overseers
of the poor of the city or town to which such certiﬁcate person or persons
shall be removed as aforesaid, by warrant or warrants, under the hands
and seals of any two justices of the peace of the city or county where
the overseers of the poor shall reside (who are hereby authorized and
required to issue the same‘) directed to some constable of such city or
town; returning the overplus, if¢any there be, after deducting all lawful
costs and charges of such sale.
Ana’ zo/zereas it often happens that poor persons having a residence in
one city or town, remove from thence into another city or town, within
this State, without such certiﬁcate as aforesaid and there become sick,
lame or otherwise so inﬁrm that they cannot be removed and sometimes
die, before they can be legally sent back, whereby the inhabitants of
such city or town, where such poor person becomes sick, lame or die,
are put to charge and expence in the maintenance or burying such
poor person; And w/zereas it is just and reasonable that such charges
and expences should be repaid; 'lzerefore /1e 2'! fart/zer enaez‘ea’ o; the
aal/zorz'zfy aforesaid, That if any poor person shall remove or come out
of any city or town, where he or she is or shall be legally settled, into
any other city or town within this State, and shall be taken sick or lame,
so that he or she cannot be conveniently removed back, to the place of
his or her last legal settlement, then the overseers of the poor of such
city or town, into which such poor person shall so come as aforesaid, or
one of them, shall give notice in writing to the overseers of the poor of
the city or town out of Which such poor person shall have come as afore-
said, of the name, condition and circumstances of such poor person, and
request such overseers of the poor, or one of them, to take care of, relieve
and maintain such sick or lame poor person during his or her illness,
and also to provide for his or her funeral, if he or she should die there;
and if such overseer or overseers of the poor having notice as aforesaid,
shall neglect or refuse so to do, then and in such case it shall be lawful
for any two justices of the peace of the city or of the county in which
such town shall lie, where such poor person had his or her last legal
place of settlement, upon complaint made to them, to cause all such sum
and sums of money as shall be necessarily expended in the mainten-
ance of such poor person in his or her sickness or lameness, or on his or
her funeral, to be levied, by distress and sale of the goods and chattles
of the said overseer or overseers of the poor, so neglecting or refusing to
take care of and provide for any such poor person as aforesaid, after such
notice given to him or them as aforesaid, by warrant or warrants, under the
hands and seals of such justices (who are hereby authorized and required
to issue the sameldirected to some constable of the city or town where
such overseer or overseers of the poor shall reside, returning the overplus,
if any there be, after deducting all lawful costs and charges of uch sale
as aforesaid; and such sum or sums of money so recovered shall be
paid to the overseers of the poor, or to one of them, of such city or
town where such poor person shall be sick, lame or die as aforesaid.
Proz'z'a’ea’ always, and be 22‘ fart/ter eizaez‘ea' oy z‘lze aaz‘ﬁorz'zfy a foresaz'alj
That all and every person and persons, who shall think himself herself
or themselves aggrieved, by any judgment or order of any justice or
justices of the peace, or by any warrant of removal of any poor person
may appeal to the next general sessions of. the peace to be holden in
and for such city or in and for the county 1n which such city or town
shall lie, where such judgment or order shall be made, or from which
such poor person shall be removed as aforesaid, who are hereby author-
CHAP. 62.] ELEVENTH SESSION.
737
ized and required to hear and determine such appeals, and to do justice
therein, according to the merits of the respective cases. Ana’ fari/zer
that no justice of the peace, who shall reside in any city or town where
any dispute shall happen (except in the city and county of New York)
shall sit in court upon such appeals.
And be it fziri/zer enacted by tile aaz‘lioriz‘y aforesaid, That on every
appeal to be made to the court of general sessions of the peace to be
holden in and for the city and county of New York, the justices, who
shall determine such appeal, shall, upon request, state the case specially,
particularly and at large, that all and every person or persons who shall
think himself, herself or themselves aggrieved by the determination on
such appeal, may have remedy thereupon in the supreme court.
And be ii‘ fari/ier enacted by Me aai/ioriz‘y aforesaid, That no appeal
or appeals, from any judgment or order whatsoever f any justice or
justices of the peace, or from any order of removal of any poor person
or persons whatsoever, from one city or town to another, shall be pro-
ceeded upon, in any court of general sessions of the peace, unless reason-
able notice in writing be given, by the overseers of the poor of the city
or town or the person or persons who shall make such appeal, unto the
overseers of the poor, or one of them, of such city or town, as shall be
affected by such judgment or order, or from which such poor person
shall be removed; the reasonableness of which notice to be determined
by the justices of such general sessions of the peace, to which the appeal
is made; and if it shall appear to them that reasonable time of notice
was not given, then they shall adjourn such appeal to the next general
sessions of the peace and then and there ﬁnally hear and determine the
same.
And for the preventing vexatious removals and frivilous appeals; be
ii‘ fari/ier e/zaeied by Me aziz‘lzorizy aforesaid, That if the justices shall,
at their general sessions of the peace, to be holden in and for any city
or county within this State, upon any appeal before them there to be
had and prosecuted, for and concerning the settlement of any poor per-
son or persons, determine in favour of the appellant or appellants, that
such poor person or persons was or were unduly removed, that then the
said justices shall, at the same general sessions, order and award, to
to such appellant or appellants, so much money (besides his or their
costs and charges, as shall appear to the said justices to have been reason-
ably paid and expended by the overseers of the poor of the city or town
on whose behalf such appeal was made, for or towards the relief of
such poor person or persons, between the time of such undue removal
and the determination of such appeal. A/zd farz‘ber that upon every
appeal before them there to be had for or concerning any judgment or
order of any justice or justices, for and concerning the settlement of any
poor person, or upon any proof before them there to be had of notice of
any such appeal to have been given, by the overseers of the poor of one
city or town, or by any other person or persons, to the overseers of the
poor of another city or town, or to any other person or persons, though
he, she or they did not afterwards prosecute such appeal, the justices,
at the same general sessions of the peace, shall award and order to the
party for whom and in whose favour such appeal shall be determined,
or to whom such notice did appear to have been given as aforesaid,
such costs and charges in the law, as by the said justices in their discre—
tion shall be thought reasonable and just, to be paid by the overseers
of the poor of the city or town or other person or persons, against whom
such appeal shall be determined or who gave notice of such appeal as
aforesaid and did not prosecute the same. And fari/zer, if in any of
VOL. 2. —93
Id. ; New
York city.
Notice of
appeal.
Decision on
appeals.
Costs on
appeals.
738 LAWS OF NEW YORK. [CHAR 62.
the cases aforesaid, the person or persons ordered to pay such monies
and costs and charges aforesaid, shall reside in any city or county out
of the jurisdiction of such court of general sessions of the peace, it shall
and may be lawful for the overseers of the poor, to whom such monies
were, by order of such court of general sessions of the peace, directed
to be paid, to sue for and recover the same monies against the person
or persons, against whom such award or order was made, with costs of
suit, in an action for monies had and received to the plaintiffs use, in
any court in this State having cognizance thereof, where the person or
persons against whom such determination shall be given as aforesaid,
shall reside, in which action a true copy of the award and order of such
justices in their court of general sessions of the peace, signed by the
clerk and sealed with the seal of the same court, when produced shall
be sufficient evidence for the recovery of such sum or sums of money
so awarded and ordered to be paid as aforesaid.
Relatives Ana’ be 2'! fm'f/zer enaez‘ea’ ﬁy Z/ze aaf/wrz'z‘y aforesaid, That the father
2355511.? and grand father, mother and grand mother (being of sufﬁcient ability)
$31522” of any poor, blind, lame or decriped person or persons whomsoever,
' not being able to maintain himself or herself and becoming chargeable
to any city or town within this State, and the children and grand chil-
dren (being of sufﬁcient ability) of every poor, old, blind, lame or impo-
tent person not being able to maintain himself or herself and becoming
chargeable as aforesaid shall severally and respectively, at his, her, or
their charges, and expences, relieve and maintain every such poor per-
son as aforesaid, in such manner as the justices of the peace of the city
or county where such sufﬁcient person shall dwell, at their general ses-
sions of the peace, shall order and direct, on pain of forfeiting and pay-
ing ten shillings for each person so ordered to be relieved, for every
week he, she or they shall fail therein; to be sued for and recovered,
with costs of suit, by the overseers of the poor of the city or town, to
which such poor person or persons shall be chargeable, for the use of
the poor of such city or town, in the manner herein before directed
with respect to costs and charges upon an appeal.
Ana’ w/zereas it sometimes happens that persons run away or abscond
from their places of abode and legal settlement and leave their wives
and families a charge to the city or town, in which they are settled,
although such persons have some estate real or personal whereby
Attach- such city or town might be eased in whole or in part, therefore [re z'z‘
g‘ri'gegtfyoffarz‘lzer e/zaez‘ea’ Z2)’ f/ze aat/zorz'zjl afm'esaz'a’, That it shall and may be law-
jdbséond— ful for the overseers of the poor of any city or town within this State,
where any father or husband shall run away or absent himself from his
gofiiglffépglfm wife or children, or where any widow shall run away or absent herself
children. from her child or children, and leave him, her or them, a charge to
such city or town, to apply to any two justices of the peace of the city
or county where such estate real or personal, or any part thereof, may
be, and by warrant under the hands and seals of the said two justices
(who are hereby authorized and required to issue the same) to take and
seize the goods and chattels and to let out and receive the annual rents
and proﬁts of the lands and tenements of such father, husband or mother
so absco/nding as aforesaid, for and towards the maintaining, bringing
up and providing for such wife, child or children so left as aforesaid;
and so soon as the said seizure shall be allowed of and conﬁrmed by
the justices in their general sessions of the peace, it shall and may be
lawful for the said overseers of the poor or any two of them, from time
to time, and as often as the case may require, to sell and dispose of so
much and so many of the said goods and chattels at public vendue to
CHAP. 62.] ELEVENTH SESSION.
739
the highest bidder and to receive the said rents and proﬁts or so much
thereof as shall be ordered by the said sessions, and to apply the money
arising thereby towards the maintenance of such poor family or person
so left as aforesaid. A/zd fart/ler, that the said overseers of the poor
shall be accountable to the justices of the peace in their said general
sessions, for all such monies as shall or may arise by every such sale or
sales or to be received by them for the rents and proﬁts of such lands
and tenements.
And be if farz‘lzer e/zaez‘ed by i/ze aaz‘lzorizy aforesaid, That the majority Tax levies
of the freeholders and inhabitants who shall be assembled at the annual
town meeting, in each respective town, in the several counties of this
State, shall and may determine and agree upon such sum and sums of
money, as they may think proper, for the purpose of maintaining and
supporting the aged and other poor in their respective towns in the
ensuing year; of which sum or sums of money so agreed upon to be
raised, each respective town clerk shall make full and proper entries in
the town book by him to be kept and shall, as soon as conveniently may
be, deliver a true copy of such entry, certiﬁed under his hand to the
supervisor of the said town; and the said supervisor is hereby required
to lay the same before the Supervisors of the county at their then next
meeting in order that the said sum may be raised in such town for the
support and maintenance of the poor thereof.
for poor
purposes.
A ad be ii‘ fart/ler marred by tile aaz‘borizy aforesaid, That it shall and Id.; A1—
may be lawful to and for the mayor, aldermen and commonalty of the
cities of Albany and Hudson respectively, in common council convened,
yearly and every year to determine and agree upon such sum or sums
of money, as they may respectively think proper for the purpose of
maintaining and supporting the aged and other poor in the said cities
respectively in the ensuing year; of which respective sums of money so
agreed upon to be raised; the town clerk of each of the said cities
respectively, shall make a full and proper entry in the minutes of the said
common council, and shall, as soon as conveniently may be, deliver a
true copy of such entry, certiﬁed under his hand, to a supervisor of such
respective city, who is hereby required to lay the same before the super-
visors of the county, at their then next meeting, in order that the said
sum may be raised in such respective city, for the support and mainte-
nance of the poor thereof.
bany and.
Hudson.
A ad be it farz‘lzer e/zaez‘ed by z‘lze aaz‘lzoriz‘y aforesaid, That when and Applica-
as often as any poor person belonging to any city or town within this
State, shall apply for relief to any overseer or overseers of the poor of
such city or town, the said overseer or overseers of the poor shall make
application to a justice of the peace of such city, or of the county in
which such town shall lie, which said justice and overseer or overseers
of the poor shall enquire into the state and circumstances of the person
so applying as aforesaid, and if it shall appear to the said justice and
overseer or overseers of the poor that such person is in such indigent
circumstances as to require relief, then the said justice shall give an
order in writing to the Said overseer or overseers of the poor to make
such allowance weekly or otherwise, to every such poor person, as they
in their discretion shall think his or her necessities shall or may require;
and the said overseer or overseers of the poor shall make no other or
further allowance to such poor person than what by the said order shall
be directed; which said order shall be a sufﬁcient voucher for the pay-
ment of so’ much money by the said overseer or overseers of the poor,
and shall be allowed in adjusting his or their accounts.
for
relief.
740
LAWS OF NEW’ YORK. [CHAR 62.
Register
of poor
persons.
Indentures
for binding
out chil-
dren.
Poor-
houses.
A 12d be iz‘farZ/zer erzaez‘ed by z‘be'aat/zorizy aforesaid, That the overseers
of the poor of each respective city or town within this State, shall pro-
cure, at the public charge, a book of good paper and well bound,
wherein the names of all poor persons applying for relief and being
ordered to be relieved as aforesaid, shall be registered, with the day and
year when they were ﬁrst admitted to have relief, the weekly or other
sum or sums of money allowed by the order for their relief, and the
cause of such necessity, and that no person shall be entered into the
poor books, or receive relief from the overseers of the poor or any of
them, without such order procured as aforesaid; and in case any over-
seer or overseers of the poor shall enter into the poor books and relieve
any such poor person or persons, without such order, he or they shall
forfeit and lose all such money and goods paid and distributed to such
poor person or persons, nor shall any allowance be made to him or them
for the same, in passing his or their account or accounts; and the said
overseers of the poor are hereby directed and required to enter or cause-
to be entered in the said poor books, all monies received, laid out and
disbursed by them respectively for the use of the poor and also all mat~
ters and things which shall be transacted by them relating to their said-
ofﬁce. And the overseers of the poor for the cities of Albany and
Hudson respectively, shall yearly, once in every year, lay such books of
accounts before the common council of the said cities respectively, at
such times as the said respective common councils shall direct. And
the overseers of the poor of every town shall yearly and every year on
the last Tuesday in March, lay their said books of accounts before the
town clerk and supervisor of such town, and such justice or justices of
the peace as may reside in such town, or the major part of them, for
their examination, who shall examine and audit the same, and make
report thereof to the freeholders and inhabitants of their respective
towns at their next annual town meeting, that such further provision,
for the maintenance and support of the poor, may be made as may be
found necessary.
And be ii‘ furi/zer enacted by i/ze aai/zoriiy aforesaid, That in all inden-
tures and contracts to be made by any overseers of the poor of any city
or town, by and with the consent of the justices of the peace of the
county, or any two of them, or by and with the consent of the mayor,
recorder and aldermen, or any two of them, in any city, for binding or
putting out any child as an apprentice or servant, shall, among the cove--
nants in such indentures or contracts to be made and agreed upon
between the parties, always insert a clause to the following effect, “That
every master and mistress to whom such child shall be bound as afore-
said, shall cause such child to be taught and instructed to read andv
write.” And fart/zer that the overseers of the poor for the time being,
of each respective city and town, shall be the guardians of every such
child so put and bound out as aforesaid, to take care that the terms of
the indentures or contract, and the covenants and agreements therein
contained, be performed and fulﬁlled, and that such child be not ill
used; and the said overseers of the poor are hereby empowered and
directed to enquire into the same, and to redress any grievance or griev-
ances, in such manner as is prescribed by law.
And for the greater ease of the public in relief of the poor, Be iz‘far-
t/ier mated by [be aatborizj/ aforesaid, That it shall and may be lawful
for the overseers of the poor of the cities of Albany and Hudson, by
and with the consent of the common council of the same cities respect-
ively, and for the overseers of the poor of any town within this State,
and any two or more justices of the peace of the county in which such
CHAP. 62.] ELEVENTH SESSION.
41
town shall lie, with the consent and approbation of the major part of
the free holders and inhabitants of such town, to be signiﬁed at such
annual town meeting as aforesaid, and at the proper charge of such city
or town, to be ascertained, assessed and levied as aforesaid, to build,
purchase or hire, some ﬁt and convenient dwelling house or houses in
such city or town, for the lodging and accommodation of the poor
thereof; and also to purchase necessary materials for setting such poor
persons to work; and there to keep, maintain and employ all and every
such poor person, and to take the beneﬁt of the work, labour and serv-
ices of any such poor'person who shall be kept and maintained in any
such house, for the better maintenance and relief of such poor persons,
who shall be there kept and maintained, and thereof to appoint such
person or persons, as keeper or keepers, from time to time, as they shall
think proper; and in case any poor person, claiming relief of any city
or town within this State, where such house or houses shall be so built,
purchased or hired, shall refuse to be lodged, kept to work and main-
tained, in such house or houses, such poor person or persons so refusing
shall be put out of the book in which the names of the poor are by this
act directed to be registered, and shall not be entitled to ask or receive
any relief from the overseers of the poor of any such city or town. And
fari/ier, that where any town may be too small to build, purchase or
hire such house or houses as aforesaid, it shall be lawful for the over-
;seers of the poor and justices of the peace, with the consent and appro-
bation of the major part of the freeholders and inhabitants of two or
more towns within any county in this State, to be signiﬁed at such
annual town meetings as aforesaid, to join together and unite in build-
ing, purchasing or hiring such house or houses, for the lodging, keeping
and maintaining of the poor of such towns, so joining together, and
uniting; and also to purchase necessary materials for setting such poor
persons to work, and there to keep, maintain and employ all and every
such poor person, and to take the beneﬁt of the work, labour and serv-
ices of any such poor person who shall be kept and maintained in any
such house, for the better maintenance and relief of the poor there to
be kept, maintained and employed; and thereof to appoint such person
or persons, as keeper or keepers, from time to time, as they shall think
proper; and in case any poor person or persons claiming relief of any
such united towns as aforesaid, shall refuse to be lodged, kept to work,
and maintained in the house or houses so to be built, purchased or hired
for such united towns as aforesaid, such poor person or persons so
refusing shall be put out of the book in which the names of the poor
are by this act directed to be registered as aforesaid, and shall not be
entitled to ask or receive any relief, from the overseers of the poor of
any such town. And fzirz‘lzer, that it shall and may be lawful for the
overseers of the poor and justices of any town within this State, with
the consent and approbation of the major part of the freeholders and
inhabitants of. such town, where such house or houses shall be built,
purchased or hired for the purposes aforesaid, to be signiﬁed at such
annual town meeting as aforesaid, to contract with the overseers of the
poor and justices of any other town, for the lodging, maintaining and
employing of any poor person or persons belonging to such other town,
as to them shall seem meet; and in case any such poor person or per-
sons belonging to any other town, shall refuse to be lodged, maintained
and employed in such house or houses so contracted for as aforesaid,
such poor person or persons so refusing shall be put out of the book in
which the names of the poor are by this act directed to be registered as
"742
LAWS or NEW YORK. [CHAR 62.
Annual
accounting
of over~
seers of the
POOL
Actions
against
former
overseers
for recov-
ery of poor
moneys.
Foreigners,
reporting
aforesaid, and shall not be entitled to ask or receive any relief from the
overseers of the poor of any such town.
Ana’ be z'z‘furZ/zer enacted by ﬁre aat/zorz‘z‘y aforesaid, That the overseers
of the poor of each respective city and town in this State, shall annually,
within ﬁfteen days after the termination of their respective ofﬁces, exhibit
to the succeeding overseers of the poor of such city or town, a particular,
full, just, and true account of all the monies by them respectively received
and expended for the use of the poor, and from whom, to whom, and
in what manner, and for what use or uses, together with an account of
the earnings of the poor persons by them employed; which accounts
the said overseers of the poor for the time being, together with the
supervisor or supervisors of such city or town and justices of the peace
residing in such city or town, or the major part of them, shall, as soon
as conveniently may be, examine and audit; and the said overseers of
the poor so going out of ofﬁce, shall respectively, on auditing such
account, pay all such ballance and sums of money as shall appear to be
in his or their hands, or due from him or them, to such city or town, to,
their successors in ofﬁce, to be applied and accounted for by them in
the course of the next year, in the like manner as is herein before pre-
scribed; and such overseers of the poor so going out of ofﬁce, shall at
the same time of exhibiting their accounts, deliver up to their successors
in ofﬁce, all books of account, registers and other papers, relating to the
poor as aforesaid; and if any overseer or overseers of the poor shall
refuse or neglect to exhibit such account or accounts as aforesaid, and
to pay to his or their successors in ofﬁce, such monies as shall remain
in his or their hands as aforesaid, or to deliver up all such books of
accounts, registers and other papers relating to the poor as aforesaid,
every such overseer of the poor so neglecting or refusing, shall for every
such neglect or refusal, forfeit and pay the sum of one hundred pounds,
over and above the said ballance remaining in his or their hands, to be
recovered with costs of suit, in any court of record within this State, by
the overseers of the poor of such city or town for the time being, and
when recovered to be applied to the use of the poor of such city or
town; and if upon auditing such account, there shall appear to be a
ballance due to such overseers of the poor so going out of ofﬁce as aforc»
said, or to either of them, the same shall be paid to him or them by
their successors in ofﬁce, out of the ﬁrst monies which shall come into
their hands as overseers of the poor of such city or town.
A no’ be 2'2‘ farz‘ber e/zaez‘ea’ by [be aaZ/zorz'z‘y aforesaz'a’, That it shall and
may be lawful for the overseers of the poor for the time being, of each
respective city and town, to recover against their predecessors in ofﬁce,
and each of them, their executors or administrators, all such sums of
-money, as shall appear, upon such audit as aforesaid, to be due from -
them respectively, to such respective city or town, in an action for mon~
ies had and re-received to the use of such city or town, with costs of
suit, in any court having cognizance thereof; or to have and maintain
an action or actions of account against any former overseer or overseers
of the poor, of such city or town, his or their executors, or administrat»
tors; and no such action shall be abated or discontinued by the death
or expiration of the ofﬁce of any such plaintiff or plaintiffs, but shall
and may be continued and prosecuted to effect, by the survivor or sur-
vivors of them, and their successors in ofﬁce; and such suit shall always
be brought and prosecuted by and in the name of the overseers of the
poor of such city or town, for the time being.
Ana’ be z'z‘fart/zer e/zaez‘ea’ by f/ze aaf/zorz'z‘y aforesaid, That every master
of any ship or other vessel, who shall enter his ship or other vessel in
CHAP. 62.] ELEVENTH sEssioN.
743
the custom house of this State in the city of New York, shall, within of in New
twenty four hours after his arrival, make a report in writing, on oath, to York my‘
the mayor of the said city, or in case of his sickness or absence to the
recorder ot the said city for the time being, of the names and occupa-
tions of every person who shall be brought into port, in his said ship or
other vessel; and in case of neglect the master of such ship or other
vessel, shall forfeit the sum of twenty pounds for every person so neg-
lected to be reported. And fart/zer, that if any person so neglected to
be reported to the mayor or recorder of the said city as aforesaid shall
be a foreigner, the master of such ship or other vessel, so neglecting to
make report as aforesaid, shall forfeit the sum of thirty pounds, for every
foreigner so neglected to be reported. Arid farz‘lzer, that if any house-
holder shall entertain in his or her house or family any such foreigner,
and not report the same to the mayor, or in case of his absence or sick-
ness, to the recorder of the said city for the time being, within twenty
four hours after he or she shall receive such foreigner into his or her
house or family, he or she shall forfeit the sum of ﬁve pounds; which
said respective forfeitures, shall and may be recoveted by action of debt,
with costs of suit, in any court within this State, having cognizance
thereof, by any person or persons who shall sue and prosecute for the
same to effect; the one half of which forfeitures, when recovered, to be
paid to the treasurer or chamberlain of the said city, for the use of the
poor thereof, and the other half to the person or persons who shall sue
and prosecute for the same to effect as aforesaid.
A no’ be iz‘farz‘lzer eizaez‘ed by l/ze aza‘lzorizy aforesaid, That if any master Ship mas-
of any ship or other vessel shall bring or land within this State, any per-
son who cannot give a good account of himself or herself, to the mayor
or recorder of the said city, for the time being as aforesaid, or who is
like to be a charge to the said city, such master shall within one‘month,
carry or send the person so imported by him, back again to the place
from whence he or she came, and shall for that purpose, enter into bond
to the mayor, aldermen and commonalty of the city of New York, with
one or more surety or sureties, to be approved of by such mayor or
recorder, in the sum of one hundred pounds, conditioned for the pur-
poses aforesaid, or shall enter into bond to the said mayor, aldermen
and commonalty of the said city, with one or more sufﬁcient surety or
sureties, to be approved by such mayor or recorder as aforesaid, in the
sum of one hundred pounds, conditioned that the person so imported
shall not be or become a charge to the said city as aforesaid or any
other city or town in this State; and in case such master of any ship
or other vessel, shall refuse to become bound as aforesaid, it shall and
may be lawful for such mayor or recorder, by warrant under his hand
and seal, directed to any constable of the said city, to cause such person
so refusing, to be committed to the common gaol of the said city, there
to remain until he shall consent to become bound as aforesaid; and such
bond shall not be avoided by plea of duress.
ter to re—
transport
persons
brought to
port of
New York
who be-
come a
lie
go.
And be it farz‘lzer ezzaez‘ed by [be aaz‘borily aforesaid, That it shall and Commis-
may be lawful for the mayor, aldermen and commonalty of the city.of
New York, in common council convened, to nominate and appoint
under the common seal of the said city, twelve or more of the free-
thereof, by the name and stile of “The commissioners of the alms-
house and bridewell of the city of New York; ” which said persons being
so appointed or the major part of them, shall have the same power and
authority of overseeing and providing for the poor of the said city, and
they, or any two of them, shall have the same power and authority for ‘
sioners of
the aims-
house and
bridewell,
New York
holders- and inhabitants of the said city to be overseers of the poor ‘m5’-
1744
LAWS OF NEW YORK. [CHAR 63.
Applica-
tion of
poor
moneys.
Removal
of commis-
sioner for
mal-con-
duct.
Poor main-
tained by
county.
Colonial
oor laws
epealed.
Counties.
putting or binding out apprentices and servants in the said city, and be
subject to the same duties and penalties, which the overseers of the
poor in the respective towns in this State, have, or are subject to, by
this act. , -
Provided al'zt/ays and be if farz‘lier e/zaeled by [be aal/zorizy aforesaid.
That all monies to be raised and collected in the said city for the main-
tenance and support of the poor, and all ﬁnes and forfeitures to be
incurrd in the said city by virtue of this act, and which by this act are
made payable to the overseers of the poor, for the use of the poor of
any city or town, shall be paid .into the hands of the treasurer or cham-
berlain of the said city for the time being, and shall be applied and dis-
posed of, in such proportions and from time to time, as the mayor,
aldermen, and commonalty of the same city, in common council con-
vened, by warrant under the hand of the mayor or recorder of the said
city, presiding in such common council, shall direct and appoint; any
thing in this act contained to the contrary notwithstanding.
And be ii‘ furl/ter e/zaeied by Me aal/zorizy aforesaid, That it shall and
may be lawful for the common council of the said city, to remove from
ofﬁce any person or persons so by them to be appointed as aforesaid,
for any neglect of duty or mal-conduct in ofﬁce; and also in manner
aforesaid, from time to time, to ﬁll all vacancies which shall be occasioned
by such removal, or by death or resignation; and also from time to time.
to make and ordain such ordinances and regulations as they shall think
necessary, for the better government of the alms house and bridewell of
the said city, and the keepers, ofﬁcers and servants thereof.
And be iz‘fzirl/zer erzaeled by i/ze aal/zoriz‘y aforesaid, That in all cases
where any of the present poor in any county of this State are maintained
by the whole county, of by more than one town, such poor persons shall
continue to be so maintained; any thing in this act contained to the con-
trary notwithstanding.
And be it fari/zer erzaez‘ed by z‘lze aai/zorizy aforesaid, That all former
acts and laws of the late colony of New York, and of this State, relating
to the settlement and relief of the poor, and every matter, article and
thing therein contained, be, and the same hereby are severally repealed.
Prot'ided always, that if any person hath by virtue of any act or acts of
the late colony of New York, or of this State, gained a settlement in any
city or town in this State, such settlement shall not be altered by {any
thing in this act before contained. Provided also, that all and every
sum and sums of money heretofore directed to be raised for the support
of the poor in any city or town, shall be raised and collected in the same
manner as if this act had not been made.
CHAP. 63.
AN ACT for dividing this State into counties.
PASSED the 7th of March, 1788.
Be ii‘ enacted by i/ze People of Me Slate of .New York, represented in
Senate and Assembly, and i2‘ is lzereby enacted by Me aai/zorizy of l/ze same,
That the State of New York shall be and hereby is divided into sixteen
counties, to be called by the names of, New York, Albany, Suffolk,
Queens, Kings, Richmond, West Chester, Orange, Ulster, Dutchess,
Columbia, Washington, Clinton, Montgomery, Cumberland, and Glou-
- cester,
CHAP. 63.] ELEVENTH SESSION.
745v
A rid be it fari/zer e/zaez‘ed by i/ze az-itborizy aforesaid, That the bounds
and limits of the said several counties shall be as follows;
The county of New York to contain the islands called Manhattans
island, Great Barn island, Little Barn island, Mannings island, Nutten
island, Bedlows island, Bucking island, and the Oyster islands, and all
the land under the water within the following bounds; beginning at
Spyten Duyvel creek where the same empties itself into Hudson’s river,
on the West Chester side thereof, at low water mark wherever the same
now is or hereafter may be, and so running along the said creek at low
water mark as aforesaid, on the West Chester side thereof, unto the East
river or Sound, and from thence to cross over to Nassau island, to low
water mark there as aforesaid, including Great Barn island, Little Barn
island, and Mannings island, and from thence along Nassau island shore,
at low water mark as aforesaid, unto the south side of the Red Hook,
and from thence across the North river, so as to include Nutten island,
Bedlows island, Bucking island and the Oyster islands, to low water
mark on the West side of Hudson's river, or so far as the bounds of this
State extend there, and so up along the west side of Hudson’s river, at
low water mark, or along the limits of this State, until it comes directly
opposite the ﬁrst mentioned creek, and thence to the place where the
said boundaries ﬁrst began.
The county of Albany to contain all that part of this State beginning
at the most northerly end or part of Wanton island in Hudsons river,
and running from thence to the head of Iiaaters creek or kill, where the
same issues out of the southerly side or end of a certain lake of pond
lying in the Blue mountains; from thence to a small lake called Utsay-
antho, and thence north twenty ﬁve degrees east until it intersects a
west line drawn from the northwest corner of old Schoharie patent,
thence east to the northeast corner of the said Schoharie patent, thence
to the northwest corner of the township of Duanesburgh, thence} along
the north bounds thereof to the northeast corner of the same, thence on
the same course with the said north bounds of Duanesburgh 'to the
Mohawk river, thence north until it intersects a west line drawn from
Fort George near Lake George, thence east to. the east side of thb most
veasterly branch of Hudsons river, thence down along the middle of the
said branch of Hudsons river to Batten creek, thence up along the mid-
dle of the said creek until it intersects the south bounds ofapatent
called Princetown, thence along the same to the southeast corner thereof,
thence east to the west bounds of the county of Cumberland, then south-
erly along the same to the north bounds of Massachusetts, thence along
the same westerly and southerly to the north bounds of the county of
Columbia, which is an east line from the southermost part of Bearen
island in Hudsons river, and thence along the bounds of the county of
Columbia, west to Hudsons river, and thence continuing the same course
to the middle of the river, and thence down the middle of the river until
it comes due east from the north end of Wanton island aforesaid, and
thence to the place of beginning including Bearen island aforesaid.
The county of Suffolk to contain all that part of this State bounded
eamerhhand southeﬂy by duezkdanﬁc ocean,nordnnly by the Sound,
and westerly by Lloyds Neck or Queens Village, Coldspring harbour
and the east bounds of the township of Oysterbay, and the same line
continued due south to the Atlantic ocean, including the Isle of Wight
now called Gardiner’s island, Fisher’s island, Shelter island,‘ Plumb
island, Robins island, and the Gull islands.
The county of Queens to contain all that part of this State, bounded
easterly by Suffolk county, southerly by the Atlantic ocean, northerly
VOL. 2. — 94
New York.
Albany.
Suffolk.
Queens.
746
LAWS OF NEW YORK. [CHAR 63.
Kings.
Richmond.
"West-
chester.
Orange.
Ulster.
Dutchess
Columbia. ‘
Cumber-
land.
by the Sound, and westerly by the west bounds of the township of New-
town and jamaica, including Lloyds Neck or Queens Village and the
islands called the Two Brothers and Hallets island, and all. islands in
the Sound opposite to the said bounds and southward of the main
channeL
The county of Kings to contain all that part of this State, bounded
easterly by Queens county, ' by the county of New York, westw
erly partly by Hudsons river and partly by the ocean, and southerly by
the Atlantic ocean including Coney island.
The county of Richmond to contain all Staten island, Shooters island,
and the islands of meadow on the west side thereof.
The county of West Chester to contain all that part of this State,
bounded southerly by the Sound, easterly by the State of Connecticut,
northerly by the north bounds of the manor of Courtland, and the same
line continued east to the bounds of Connecticut, and west to the mid-
dle of Hudson’s river, and westerly by a line running from thence down
the middle of Hudson’s river until it comes opposite to the bounds of
the State of New jersey then west to the same, then southerly along the
east bounds of the State of New Jersey, to the line of the county of New
York, and then along the same easterly and southerly to the sound, or
east river, including Captain’s Island, and all the islands in the sound
to the east of Frog’s Neck and to the northward of the main channel.
The county of Orange to contain all that part of this State bounded
southerly by the State of New jersey, westerly by the State of Pensyl-
vania, easterly by the middle of Hudsons river, and northerly by an
east and west line from the mouth of l\~lurderer’s Creek.
The county of Ulster to contain all that part of this State, bounded
easterly by the middle of Hudson’s river, southerly by the county of
Orange, westerly by the State of Pennsylvania, and the west branch of
Delaware river, and northerly by the county of Albany.
The county of Dutchess to contain all that part of this State bounded
easterly by the State of Connecticut, southerly by the county of West-
chester, westerly partly by the county of Orange and partly by the
county of Ulster, and northerly by the manor of Livingston, including
the whole of the oblong to the northward of the county of Westchester.
The county of Columbia to contain all that part of this State bounded
southerly by the county of Dutchess, westerly by the counties of Ulster
and Albany, northerly by the county of Albany and easterly by the
county of Dutchess and the State of h-lassachusetts.
The county of Cumberland to contain all that part of this State begin--
ning on Connecticut river at the north bounds of the State of Massa-
chusetts, and extending westward along the same until such line shall
meet with and be intersected by a line proceeding on a course south ten
degrees west from the north west corner of a tract of land granted
under the great seal of the late Colony of New York, on the fourth day
of September one thousand seven hundred and seventy, to James Abeel
and nine other persons and extending from the said point of intersec-
tion, north ten degrees east, until such line shall meet with and be
intersected by another line to be drawn on a course north sixty degrees
west from the south west corner of a tract of land granted under the
great seal of the Colony of New York on the thirteenth day of Novem»
ber in the year of our Lord one thousand seven hundred and sixty
nine, and erected into a township by the name of Royalton and running
from the last mentioned point of intersection, south sixty degrees east
to Connecticut river and so down along the same river to the place of
beginning.
+1,‘ av]
Lllbl 1
“A”
11\).L
CHAP. 63.] ELEVENTH SESSION. 747
The county of Gloucester to contain all that part of this State bounded Gloucester
southerly by the north bounds of the county of Cumberland, easterly
by the east bounds of this State, northerly by the north bonds of this
State and westerly by a line to be drawn from the northwest corner of
the said county of Cumberland on a course north ten degrees east,
until such line shall meet with and be intersected by another line pro-
ceeding on an east course from the south bank of the mouth of Otter
creek. and from the said last mentioned point of intersection running
north ﬁfty degrees east to the north bounds of this State.
The county of Washington to contain all that part of this State Washing‘
bounded southerly by the county of Albany, easterly by the counties of ton‘
Cumberland and Gloucester, northerly by a line beginning at the most
northerly point of the rock commonly called Rogers’s Rock, situate on
the west side of Lake George, and thence due west to the county of
Montgomery, and running also from the said rock due east to the west
bounds of the county of Gloucester; and westerly by the counties of
Albany and Montgomery. _
The said county of Clinton to contain all‘ that part of this State Clinton.
bounded northerly by the north bounds of this State, easterly by the
county of Gloucester, southerly by the county of Washington, and wes-
terly by the easterly line of the county of Montgomery, which is the line
of the county of Albany that runs north from the Mohawk river, con-
tinued to the north bounds of this State.
And the county of Montgomery to contain all that part of this State Montgom-
bounded easterly by the counties of Ulster, Albany, Washington and ery‘
Clinton, southerly by the State of Pensylvania, and westerly and north-
erly by the west and north bounds of this State.
Provided airways, That the lines of boundaries so assigned as afore-
said for the limits of any of the said counties shall not nor shall any
or either of them be deemed to take away, abridge, destroy or affect
the right or title of any person or persons, bodies politic or corporate,
in any manner or by any means whatsoever.
And be ii‘ fart/ler enacted by ﬁle aai/zoriz‘y aforesaid, That until the Elections.
ﬁrst census be taken pursuant to the constitution of this State it shall 8531532
and may be lawful for the freeholders and inhabitants of the said '
county of Clinton to vote in all elections for governor, lieutenant gover-
nor, and members for senate and assembly, in like manner as they might
have done if this act had not passedz—And that the supervisors of the Washing—
- x - - _ - - ton and
said county of Clinton shall yearly meet with the supervisors of the said Clinton
county of Washington on the last Tuesday of May in every year, until CounFiesi
. . . - . canvass m.
the sa1d census shall be taken as aforesald at Salem where the court 1S
then holden in the county of Washington, and shall in conjunction with
the supervisors of the said county of Washington proceed to open the
inclosures delivered to the clerks of the said counties, and canvass and
estimate the votes therein contained, and shall in all things conform to
the directions of the act entitled “An act for regulating elections”
passed the 13th of February r787;—And in case the said supervisors
of the said counties of Washington and Clinton, or a majority of them,
shall not meet as aforesaid on the last Tuesday of May in any year,
then the clerks of the said counties respectively shall give notice thereof
to, and the judges and assistant justices of the courts of common pleas
for the said counties shall meet together at Salem in the said county of
Washington, and act in all respects as the clerks and judges and assist-
ant justices of the courts of common pleas of the several counties in
this State are respectively directed to do in and by the said act.
748
LAWS OF NEW YORK. [CHAR 64.
Clinton
county
courts.
Towns,
suﬂ'Olli
county;
Southold.
East
Hampton.
South-
hampton.
Shelter
Island.
Hunting-
ton.
Islip.
Sinithtown
Brook-
haven.
And be it farl/ier elzaez‘ed by [be aal/zorizfv aforesaid, That there shall
be held in and for the county of Clinton, a court of common pleas and
a court of general sessions of the peace, atthe town of Plattsburgh; and
that there be in the said county of Clinton two terms in every year, to
commence and end on the days following, to wit, the ﬁrst term to com-
mence on the fourth Tuesday of October, and to end on the Saturday
following; the second term to commence on the third Tuesday in April,
and to end on the Saturday following.
Provided, that in any of the terms aforesaid the court may adjourn
previous the day assigned, if the business of the court will admit; and
that the ﬁrst court of common pleas and general sessions of the peace
in the said county shall be held on the fourth Tuesday of October next
ensuing.
CHAP. 64.
AN ACT for dividing the counties of this State into towns‘.
PASSED the 7th ,of March, 1788.
Be ii’ e/zaered by z‘lze People of l/l6 Slate of New York represented in
Se/zale and Assembly, and ii‘ is bereby erzaez‘ed by l/ze aal/ioriz‘y of z‘lze same,
That all that part of the county of Suffolk now called and known by
the name of Southhold, including Fisher’s Island, Plumb Island, Robin’s
Island the Gull Islands and all that part of the manor of St. George on
the north side of Peaconock, extending westward to the east line of
Brookhaven shall be and hereby is erected into a town by the name of
Southold.
And that all that part of the said county of Suffolk now called East
Hampton, including Montaack and the Isle of Wight, now called Gard-
ners Island, shall be and hereby is erected into a town by the name of
East-Hampton.
And that all that part of the said county of Suffolk, now called and
known by the name of Southhampton, including Bridge Hampton, here-
tofore called Saggaboneck and Mecoxe shall be and hereby is erected
into a town by the name of Southampton.
And that all that island called Shelter Island in the county of Suffolk
shall be and hereby is erected into a town by the name of Shelter
Island.
And that all that part of the said county of Suffolk called Hunting-
ton, including Eaton’s Neck and Crab Meadow, shall be and hereby is
erected into a town by the name of Huntington.
And that all that part of the said county of Suffolk, bounded south-
erly by the Atlantic ocean, westerly by Huntington, northerly by Smith
Town and Winecomic and easterly by the east bounds of the lands
formerly belonging to William Nicoll near Blue-Point, shall be and
hereby is erected into a town by the name of Islip.
And that all that part of the said county of Suffolk, bounded south-
erly by Islip, westerly by Huntington, northerly by the sound and east-
erly by the patent of Brook-Haven, including Winne Commick, shall be
and hereby is erected into a town by the name of Smith—Town.
And that all that part of the said county of Suffolk bounded westerly
by Smith Town and Islip, northerly by the sound, easterly by South-
Hold and South Hampton, and southerly by the Atlantic ocean, shall
be and hereby is erected into a town by the name of Brookhaven.
CHAP. 64.] ELEVENTH SESSION. 749
And that all that part of Queens county, now called and known by Queens
the name of Oysterbay,‘ including Lloyds neck or Queens Village and 3333553,,’
Hog Island, and extending on the south to the Atlantic ocean shall be
and continue-a town by the name of Oysterbay.
And that all that part of Queens county, bounded easterly by Oyster- South
bay, southerly by the Atlantic ocean aforesaid. westerly by Jamaica, and 33:21‘?—
northerly by the country road, leading from Jamaica nearly through the
middle of the great plains, commonly called Hempstead plains to the
east part thereof, including the lands called the Gore between the patent
of Hempstead and the patent of Oysterbay, shall be and continue a town
by the name of South Hempstead. '
And that all that part of Queens county aforesaid, bounded easterly North
by Oysterbay, southerly by South Hempstead. westerly by Flushing and northerly by the sound, shall be and continue a town by the name of 7‘
North Hempstead.
And that all that part of Queens county aforesaid now called and Flushing,
known by the name of Flushing, shall be and continue a town by the
name of Flushing.
And that all that part of Queens county aforesaid, now called and Jamaica.
known by the name of Jamaica, shall be and continue a town by the
name of Jamaica.
And that all that part of Queens county aforesaid, now called and Newtown.
known by the 'name of New-Town, including all the islands in the sound
opposite to the same and comprehended in Queens county, shall be and
continue a town by the name of New-Town.
And that all that part of Kings county, now called and known by the Kings
pame of Brooklyn, shall be and continue a town by the name of Brook-
yn.
And that all that part of Kings county aforesaid, now called and Bushwick.
known by the name of Bushwick, shall be and continue a town by the
name of Bushwick. '
And that all that part of Kings county aforesaid, now called and Flatlands.'
known by the name of Flatlands or Amesford, shall be and continue a
town by the name of Flatlands.
And that all that part of Kings county aforesaid, now called and Flatbush.
known by the name of Flatbush, including the tract of land called New
Lots, shall be and continue a town by the name of Flatbush.
And that all that part of Kings county aforesaid, now called and Gravesend.
known by the name of Gravesend, including Coney Island, and all the
islands south of the said town, shall be and continue a town by the name
of Gravesend.
And that all that part of Kings county aforesaid, now called and New
known by the name of New-Utrecht, shall be and continue a town by Utrecht
the name of New-Utrecht.
And that all that part of the county of Richmond, bounded northerly Richmond
by Kill Van Cull, easterly by Hudsons river, southerly by the road lead-
ing from Van Duersons ferry, southward of the watering place, to Rich-
mond town and westerly by a line beginning at the mouth of Dongan’s
mill creek, and running from thence along the line of the manor of
Castle town, to the road at the rear of the patent of Corsen and com-
pany,_thence along the northerly side of the said road. westerly to the
road leading to Haughwout’s mill, and then southerly along the westerly
side of the last mentioned road as it runs along by Richard Conner’s, to
the tavern called the Rose and Crown on the said road leading to Rich-
mond town, shall be and hereby is erected intoa town by the name of
Castletown.
750
LAWS OF NEW YORK. [CHAR 64.
Southﬁeld.
Westﬁeld .
Northﬁeld.
West-
chester
county;
West—
chester.
Morriss-
ani a.
Yonkers.
Green-
burgh.
Mount
Pleasant.
East-
chester.
Pelham.
And that all that part of the said county of Richmond, bounded north-
erly by the north side of said road leading from Van Duerson’s ferry to
Richmond town, and the Fresh kill, easterly by Hudson’s river, southerly
by the bay, and westerly by a line beginning on the Fresh kill at the
northwest corner of the land and meadow late of james Egberts, and
running from thence southerly along the same to Egbert lane, and then
along the same lane to the road called the New road, and then along
the same new road westerly to the land of Henry Perine, and then south-
erly along his easterly bounds to the bay, shall be and hereby is'erected
into a town by the name of Southﬁeld.
And that all that part of the said county of Richmond, bounded north-
erly by the Fresh kill, easterly by Southﬁeld, southerly by the bay, and
westerly by the sound, shall be and hereby is erected into a town by the
name of \Vestﬁeld.
And that all the residue of the said county of Richmond, shall be and
hereby is erected into a town by the name of Northﬁeld.
And that all that part of the county of Westchester, bounded easterly
by the sound, and the land granted to Thomas Pell, called the manor of
Pelham, southerly by the sound, westerly by the county of New-York,
and northerly by the north bounds of the manor of Fordham, and the
north bounds of the land called the borough town of Westchester,
including the islands in the sound lying south thereof, and in the county
of Westchester, excepting thereout that tract of land commonly called
Morrissania, shall be and hereby is erected into a town, by the name of '
Westchester. '
And that all that tract or‘the said county of West Chester, commonly
called and known by the name of Morrissania, shall be and hereby is
erected into a town, by the name of Morrissania.
And that all that part of the county of Westchester, bounded easterly
by Bronx river, southerly by the town of Westchester, westerly by the
county of New-York and Hudsons river, and northerly by the north
bounds of a tract of land called the Yonkers, shall be and hereby is
erected into a town by the name of Yonkers.
And that all that part of the said county of Westchester, bounded
easterly by Bronx river, southerly by Yonkers, westerly by Hudsons
river, and northerly by a line beginning on the east side of Hudsons
river, at the south west corner of the land lately conveyed by the com—
missioners of forfeitures for the southern district to Gerard G. Beck-
man, junr. and running from thence along the southerly and easterly
bounds thereof to the farm of William David, and then along the south-
erly and easterly bounds of the said farm of the said William David to
the road leading to the White-Plains, and then easterly along the same
road to Bronx River, shall be and hereby is erected into a town, by the
name of Greenburgh. ,
And that all that part of the said county of Westchester, bounded
southerly by Greenburgh, westerly by Hudsons river, and northerly and
easterly by the north and east bounds of the manor of Philipsburgh,
shall be and hereby is erected into a town, by the name of Mount
Pleasant.
And that all that part of the said county of Westchester, bounded
southerly by the town of \Vestchester, westerly by Bronx river, northerly
by the manor of Scarsdale, and easterly by a brook that runs southerly
into Eastchester creek, shall be, and hereby is erected into a town, by
the name of Eastchester.
And that all that part of the said county of Westchester, called and
known by the name of Manor of Pelham, bounded southerly and east-
'CHAP. 64.] ELEVENTH SESSION. 751
erly by the Sound, northerly by the north bounds of the Manor of Pel-
ham, including the island called the New City island, Hart island, and
Appleby’s island, and westerlv by the town of Eastchester, shall be and
hereby is erected into a town, by the name of Pelham.
And that all that part of the said countyof Westchester, called and New
known by the name of New Rochelle, bounded southerly by the town of
Pelham, easterly by the Sound, northerly by Mamaroneck and the Manor
of Scarsdale, and westerly by the Manor of Scarsdale and Eastchester,
including the island called Rodmans island, shall be and hereby is
erected into a town, by the name of New Rochelle.
And that all that part of the said county of Westchester, bounded Scarsdale-
westerlv by Bronx river, southerly by the town of Eastchester and New
Rochelle, easterly by the east bounds of the tract of land called the
Manor of Scarsdale, and northerly by the north bounds of the said
Manor of Scarsdale, shall be and hereby is erected into a town, by the
name of Scarsdale. -
And that all that part of the said county of Westchester, bounded Mamaro-
southerly by New Rochelle, easterly by the Sound, northerly by Mamaro- 116"!"
neck river, and westerly by the town of Scarsdale, shall be and hereby
is erected into a town, by the name Of Mamaroneck.
And that all that part of the said county of Westchester, bounded White
veasterly by Mamaroneck river, northerly by North Castle, westerly by Plams'
Bronx river, and southerly by the town of Scarsdale, shall be and hereby
is erected into a town, by the name of White Plains.
And that all that part of the said county of 'Westchester called and Harrison.
known by the name of Harrisons Purchase, shall be and hereby is erected
into a town, by the name of Harrison.
And that all that part of the said county of Westchester, bounded Rye-
sutherly by the Sound, easterly by Connecticut, and westerly by the
town of Harrison and Mamaroneck river, including Captain’s island, and
all the islands in the Sound lying south of the said bounds, shall be and
hereby is erected into a town by the name of Rye.
And that all that part of the said county of Westchester, bounded North
southerly by Mount Pleasant, the White Plains, the town of Harrison Castle‘
and Connecticut, easterly by Connecticut Pound Ridge and Bedford,
northerly by the Manor of Cortlandt and Bedford, and westerly by Bronx
river and Mount Pleasant, shall be and hereby is erected into a town by
the name of North Castle.-
And that all that part of the said county of ‘Westchester, formerly Bedford,
called and known by the name of the town of Bedford, shall be and
hereby is erected into a town by the name of Bedford.
And that all that part of the said county of Westchester, bounded Pound—
southerly by the State of Connecticut, easterly and northerly by Salem, ndge'
and westerly by Bedford and Mahanus river, shall be and hereby is
erected into a town, by the name of Pound Ridge.
And that all that part of the said county of \‘v'estchester, bounded Salem.
northerly by a line beginning at a monument, in a line between this
State and Connecticut, east ofthe north Long pond, and running west-
erly by the north side of the said pond, and the south bounds of the
land of Ezekiel Hawley, until it comes to the road leading over the
mountain, and then crossing the same road and running northerly along
the west side of the same road to the land of the said Ezekiel Hawley,
and then westerly along the same to the west line of the oblong, then
northerly along the said oblong line until it comes to the south line of
the north lot number ten of the hilanor of Cortlandt, and then westerly
along the south bounds of the said north lot number ten, and the south
Rochelle. '
LAWS OF NEW YORK. [CHAP. 64.
North
railelll.
Gortlandt.
Yorktown.
Stephen-
town.
Dutchess
county;
Phili ps-
town.
Fredericks-
LOWH.
South East
Fishkill.
Beekm an.
bounds of the north lots number nine and eight, to Croton river, and
then down the said river to Bedford, easterly and southerly by Connec-
ticut, Pound Ridge, and Bedford, and westerly by Pound Ridge, Bed-
ford and Croton river, shall be and hereby is erected into a town, by
the name of Salem.
And that all that part of the said county of l/Vestchester, bounded
southerly by Salem, easterly by Connecticut, northerly by Dutchess
county, and westerly by the middle of Croton river shall be and hereby
is erected into a town, by the name of North Salem.
And that all that part of the said county of Westchester, bounded
westerly by Hudson’s river, northerly by the county of Dutchess, east-
erly by north lot number two and south lot number two of the manor
of Cortlandt, and the same line continued to the south bounds of the
manor of Cortlandt, and southerly by the south bounds of the manor of
Cortlandt, shall be and hereby is erected into a town by the name of
Cortlandt. .
And that all that part of the said county of Westchester, bounded
westerly by the town of Cortlandt, northerly by the county of Dutchess,
easterly by north lot number ﬁve and south lot number ﬁve of the said
manor of Cortlandt, and the same line continued to the south bounds of
the said manor of Cortlandt, and southerly by the south bounds of the
said manor of Cortlandt, shall be and hereby is erected into a town, by
the name of York Town.
And that all that part of the said county of Westchester, bounded
westerly by York Town, northerly by the county of Dutchess, easterly
by North Salem, Croton river and Bedford, and southerly by the south
bounds of the manor of Cortlandt, shall be and hereby is erected into a
town, by the name of Stephentown.
And that all that part of the county of Dutchess, bounded southerly
by the county of Westchester, westerly by Hudson’s river, northerly by
the north bounds of the lands granted to Adolph Philipse Esquire, and
easterly by the east bounds of the long lot number four, formerly belong-
ing to Beverly Robinson, shall be and hereby is erected into a town by
the name of Philips Town.
And that all that part of the said county of Dutchess, bounded south-
erly by the county of \Vestchester, westerly by Philips Town, northerly
by the north bounds of the lands granted to Adolph Philipse, Esquire,
and easterly by the east bounds of the same patent, shall be and hereby
is erected into a town, by the name of Fredericks Town.
And that all that part of the said county of Dutchess, bounded south-
erly by the county of Westchester, westerly by Fredericks Town, north-
erly by the northern line of Fredericks Town continued to Connecticut,
and easterly by Connecticut, shall be and hereby is erected into a town
by the name of South-East Town.
And that all that part of the said county of Dutchess, bounded south-
erly by Philips Town and Fredericks Town, westerly by Hudsons river,
northerly by \Vappingers kill or creek, and easterly by the east bounds
of Rombouts patent, shall be and hereby is erected into a town, by the
name (if Fishkill.
And that all that part of the said county of Dutchess, bounded south-
erly by Fredericks Town, westerly by Fishkill, northerly by the north
bounds of the lands granted to Colonel Henry Beekman, and easterly by
a line beginning at the house now or late of Daries Talman, near the
-Nine Partners line, and running from thence to the house of William
Clark, and from thence to the house of Nathaniel Lee, and from thence
to the house of Caleb Lamb, and from thence south sixteen degrees west
CHAP. 64.] ‘ ELEVENTH SESSION.
.4
UV
0?
to Frederick’s Town, shall be and hereby is erected into a town by the
name of Beekman.
And that ‘all that part of the said county of Dutchess, bounded south- Pawling.
erly by South East Town and Fredericks Town, westerly by Beekman,
northerly by the north bounds of the patent granted to Colonel Henry
Beekman continued to Connecticut, and easterly by Connecticut, shall
be and hereby is erected into a town by the name of Pawling.
And that all that part of the said county of Dutchess, bounded east- Pough-
erly and southerly by Wappingers kill or creek, westerly by Hudsons keeps”-
river, and northerly by the tract of land called the Great or Lower Nine-
partners, shall be and hereby is erected into a town, by the name of
Poughkeepsie.
And that all that part of the said county of Dutchess, bounded south- Clinton,
erly by Poughkeepsie, and Beekman, westerly by Hudsons river, north—
erly and easterly by a line beginning at the east bank of Hudsons river,
at the northwest corner of the tract of land called Pawling’s patent, and
running along the north line of the same patent to Crom Elbow kill,
otherwise called Fish creek, thence up along the said creek to the line
of the tract of land called the Little or Upper Ninepartners, thence
easterly along the said line to the north east corner of lot number one,
so known and distinguished in the ﬁrst division of the said tract of land,
called the Great or Lower Ninepartners, and then southerly, in the line
of that tier of lots to the north bounds of Beekman aforesaid, shall be
and hereby is erected into a town by the name of Clinton.
And that all that part of the said county of Dutchess, bounded south- Rhinebeck
erly by Clinton, westerly by Hudsons river, northerly by the county of
Columbia, and easterly by the Little or Upper Ninepartners, shall be
and hereby is erected into a town, by the name of Rhynbeck.
And that all that part of the said county of Dutchess, bounded south- Washing—
erly by the town of Beekman, westerly by Poughkeepsie and Clinton, ton‘
northerly by the north bounds of a tract of land called the Lower or
Great Ninepartners, and easterly by the eastermost tier of lots laid out
in the general division heretofore made of the said tract of land called
the Lower or Great Ninepartners, shall be and hereby is erected into a
town, by the name of Washington. A
And that all that part of the said county of Dutchess, bounded south- Amenia.
erly by the town' of Pawling, westerly by the town of Washington, north-
erly by the north bounds of the said Lower or Great Ninepartners, and
an east line from the northeast corner thereof to Connecticut, and east-
erly by Connecticut, shall be and hereby is erected into a town by the
name of Amenia. .
And that all that part of the said county of Dutchess, bounded west- Northeast.
erly by Rhynbeck, northerly by the county of Columbia, easterly by
Connecticut, and southerly by the towns of Washington and Amenia,
shall be and hereby is erected into a town by the name of Northeast
town.
And that all that part of the county of Orange, bounded easterly by Orange
Hudsons river, southerly by New Jersey, and westerly and northerly by a line beginning on Hudsons river at the northeast corner of the farm town.
late belonging to Harman Talman, deceased, and running from thence
westerly along the said farm to the tract of land formerly granted to
Teunis D. Talman, and then southerly and westerly along the bounds
of the same tract to Demarests kill, or Hackinsack river, and then down
the stream thereof to the northeast corner of a tract of one thousand
acres of land formerly sold for defraying the expences of dividlng the
patent of Kakiate, and then westerly along the same, to the northwest
VoL. 2. — 95
754
LAWS OF NEW YORK. [CHAR 64.
Haver-
straw.
New Corn-
wall.
Goshen.
Warwick.
Minisink.‘
Ulster
county;
New Wind-
1501'.
corner thereof, and then northerly, westerly and southerly, along the
land of Johannes Jos: Blauvelt to the northeast corner of the land of
John M. Hogenkamp, and then westerly and southerly along the same
to the northeast corner of the land of John P. Mabie, and then westerly
along his land to New Jersey, shall be and hereby is erected into a town
by the name of Orange Town.
And that all that part of the said county of Orange, bounded easterly
by Orange Town and Hudsons river, southerly by Orange Town and
New Jersey, and northerly by a line beginning at the mouth Of Poplo-
pens kill on Hudsons river, and running from thence on a direct course
to the southeastermost corner of the farm of Stephen Sloot, and then
along the south bounds of his farm to the southwest corner thereof, and
then on the same course to New Jersey, shall be and hereby is erected
into a town, by the name of Haverstraw.
And that all that part of Orange county aforesaid, bounded northerly
by Ulster county, easterly by Hudsons river and Haverstraw, southerly
by New Jersey, and westerly by a line beginning at the border or verge
of Ulster county near the new dwelling house which belonged to John
Manno, in the year of our Lord one thousand seven hundred and sixty
four, and running from thence on a course which will leave the house
then and now belonging to Barnabas Horton, Junior, ten chains to the
westward of the said course, and so to continue the same course to New
Jersey, shall be and hereby is erected into a town, by the name of New
Cornwall.
And that all that part of the county of Orange aforesaid, bounded
easterly by New Cornwall, north by Ulster county, westerly by the
\Vallkill, and southerly by the creek commonly called Quakers creek.
from where it falls into the Vt’allkill on the southwesterly side of the
great island in the drowned lands to the house of Timothy Clarke,
thence along the southerly side of the road leading from Florida to
Chester, to the house of Isaac Wynans, thence along the southerly side
of the road running by the grist-mill of William Thompson Esquire,
towards Sugar loaf mountain, to the northerly line of the plantation of
Samuel Rainer. and thence along the said line easterly to the southwest
corner of a large tract of land commonly called Rutgers’s tract, and
then easterly along the southerly bounds of the said tract, to the foot of
the said Sugar loaf mountain, and then an east course to the bounds of
New Cornwall, shall be and hereby is erected into a town by the name
of Goshen.
And that all that part of the county of Orange aforesaid, bounded
easterly by New Cornwall, southerly by the State of New Jersey, west-
erly by the VVallkill, and northerly by Goshen, shall be and hereby is
erected into a town, by the name of Warwick.
And that all that part of the said county of Orange, bounded easterly
by the Wallkill, southerly by New Jersey, westerly by Delaware river,
and north by the county of Ulster, shall be and hereby is erected into "
a town, by the name of Minisink.
_And that all that part of the county of Ulster, bounded easterly by
Hudson’s river, southerly by the county of Orange, and westerly and
northerly by a line beginning at the west side of Hudson’s river at the
mouth of Quasick creek, and running from thence along the south
bounds of a tract or land commonly called the German patent, and the
southerly bounds of a tract of land granted to Alexander Baird and
company, to the east bounds of two thousand acres of land granted to
Cadwallader Colden, and then across the same to the most northerly
corner of the land granted to Patrick Hume. and then along the west-
.CHAP. 64.] ELEVENTH SESSION. 7 55
erly bounds thereof, to the lands granted to Patrick McKnight, and then
along the same southeasterly and southwesterly to the southerly corner
thereof, and then continuing the last mentioned line to the county of
Orange, so as to include the lands of Fletcher Mathews, shall be and
hereby is erected into a town, by the name of New Windsor.
And that all that part of the said county of Ulster, bounded easterly Newburgh.
by Hudson’s river, southerly by New Windsor, westerly by the east
bounds of the said tract of land granted to Cadwallader Colden, and
the east bounds of one thousand acres of land granted to John Johnston,
and the east bounds of three thousand acres of land granted to Henry
lVileman, and the east bounds of three thousand ﬁve hundred acres of
land granted to Rip Van Dam and others, and northerly by a line
beginning on the west side of Hudsons river at the northeast corner of
a tract of land granted to Francis Harrison and company, called the
five thousand acre tract, and running from thence westerly along the
north bounds of the same tract, and the north bounds of another tract
granted to the said Francis Harrison, to the tract of land commonly
called VVallace’s tract, then along the lines of the Same, northerly and
westerly to the northeasterly bounds of a tract of land granted to Jaco-
bus Kip, John Cruger and others, commonly called Rip and Cruger's
tract, then westerly along the northeasterly and northerly bounds thereof
to the northwest corner thereof, and then westerly to the northeast
corner of the said tract of three thousand ﬁve hundred acres of land
granted to Rip Van Dam and others, shall be and hereby is erected into
a town, by the name of Newburgh.
And that all that part of .the said county of Ulster, bounded easterly Marl.
by Hudsons river. southerly by Newburgh, westerly by the east bounds borough‘
of two thousand acres of land granted to Peter Barberie, and the east
bounds of two thousand acres of land granted to William Huddleston,
and the east bounds of two thousand acres of land granted to Thomas
Garland, and northerly by a tract of land granted to Lewis Du Bois and
partners, called the New Paltz patent, and a tract of land, granted to
Noah Elting and Nathaniel la Fever, and a tract of land granted to
Anne Mullender, commonly called Mullender’s tract, and a tract of
land granted to Hugh Frere, and the southerly line thereof, continued
to the east bounds of the said two thousand acres of land granted to the
said Thomas Garland, shall be and hereby is erected into a town by the
name of Marlborough.
And that all that part of the said county of Ulster, bounded easterly Wallkill-
by New Windsor, southerly by the county of Orange, westerly by Shaw-
angunk kill, and northerly by the line commonly called the old north-
west line, shall be and hereby is erected into a town by the name of
\Vallkill.
And that all that part of the said county of Ulster, bounded easterly Mont-
by New Windsor and Newburgh, southerly by the Said town of Wall- gomery‘
kill, Westerly by Shawangunk kill, and northerly by a line beginning at
the northeast corner of a tract of three thousand acres of land granted
to Henry VVileman, and running thence along the north bounds thereof
to the Paltz river, commonly called the \Vallkill, and then southerly up
the same river to the southeast corner of a tract of four thousand acres
of land granted to Gerardus Beekman and others, and then westerly and
northerly along the southerly and westerly bounds thereof to the north-
west corner thereof, and then northwesterly along the north bounds of
the lands granted to Jeremiah Schuyler and Company, to the Shawan-
gunk kill as aforesaid, shall be and hereby is erected into a town by the
name of Montgomery.
rat) LAWS OF NEW YORK. [CHAR 64.
Shawan- And that all that part of the said county of Ulster, bounded easterly
gul‘k' by Newburgh and Marlborough, southerly by Montgomery and the
Platte kill, westerly by Shawangunk mountains, and northerly by a line
beginning at the northeast corner of a tract of two thousand acres of
land granted to William Huddleston and running from thence along the
north bonds thereof, and the north bounds of two thousand acres of
land granted to Peter Nlathews and Others, ‘(0 the mouth Of Shawangunk
kill, and then westerly along the north side of the same kill as it runs to
the southwest corner of the land granted to Colonel jacob Rutsen, and
then along the westerly bounds thereof to the northwest corner thereof
and then along the southerly bounds of a tract of land granted to
Stephen Du Blois to the southwest corner thereof, and then northwest
to Shawangunk mountains aforesaid, shall be and hereby is erected into
a town, by the name of Shawangunk.
Kingston. And that all that part of the said county of Ulster, called .the town-
‘ship of Kingston and manor of Fox-Hall, and extending northward to
the line of the county of Albany, and southward to the north bounds of
a tract of land granted to Lewis Dubois and partners, called the New
Paltz Patent, shall be and hereby is erected into a town, by the name of
Kingston.
Hurley. And that all that part of the said county of Ulster, called the town-
ship of Hurley. shall be and hereby is erected into a town by the name
of Hurley.
Marble- And that all that part of the said county of Ulster called Marble-
town' town, shall be and hereby is erected into a town by the name of Marble-
town.
New Paltz. And that all that part of the said county of Ulster, bounded northerly
by the north bounds of the patent granted to Lewis Dubois and part-
ners, called the New Paltz Patent, easterly by Hudsons river, southerly
by Marlborough and Shawangunk, and westerly by the west bounds Of
the said patent, continued southerly to the northwest corner of Shaw-
angunk, shall be and hereby is erected into a town by tha name of New
Paltz.
Rochester. And that all that part of the said county of Ulster called Rochester,
and extending west to Delaware river, shall be, and hereby is erected
into a town, by the name of Rochester.
‘Mamakat- And that all that part of the said county of Ulster, bounded northerly
ing‘ by Rochester, easterly by the town of Shawangunk, Montgomery and
'Wallkill, southerly by the county of Orange, and westerly by Delaware
river, shall be and hereby is erected into a town, by the name of Mama-
Kating.
Woodstock And that all that'part of the said county of Ulster, bounded northerly
by the county of Albany, easterly by Kingston, Hurley and h'larbletown,
southerly by Rochester, and westerly by Delaware river and the county
of Montgomery, shall be and hereby is erected into a town, by the name
of Woodstock.
Columbia And that all that part of the county of Columbia bounded westerly
and northerly by the county of Albany, southerly by the north bounds
hook- of the city of Hudson, as far as to the ﬁrst falls in Major Abrahams
creek and from thence running east; and easterly by a line running
from a place in the north line of the county of Columbia, ten miles dis-
tant from Hudsons river, due south until it strikes the said east line from
the said falls, shall be and hereby is erected into a town by the name of
Kinderhook.
Canaan. And that all that part of the said county of Columbia, now called
Kings district, bounded westerly by Kinderhook, northerly by the county
CHAP. 64.] ELEVENTH SESSION.
57
of Albany, easterly by the east bounds of this State, and southerly by
the said east line from the ﬁrst falls in Major Abraham’s creek afore-
said, continued to the east bounds of this State, shall be and hereby is
erected into a town, by the name of Canaan.
And that all that part of the said county of Columbia, bounded south-
erly by the manor of Livingston, westerly by the city of Hudson, north-
erly by Kinderhook, and easterly by a line beginning at the southeast
corner of Kinderhook, and running thence south fourteen degrees west
to the manor of Livingston, shall be and hereby is erected into a town,
by the name of Claverack.
And that all that part of the said county of Columbia, bounded west-
erly by Claverack, northerly by Canaan, easterly by the east bounds of
this State, and southerly by the manor of Livingston and the north line
thereof, continued to the cast bounds of this State, shall be and hereby
is erected into a town, by the name of Hillsdale.
Claverack.
Hillsdale.
And that all that part of the said county of Columbia, beginning on Clermont;
the south side of the mouth of a certain river, commonly called Roeloff
Jansew’s kill, and running thence along the south side of the said river
easterly until it comes to the tract of land heretofore granted to Derick
VVessels, lying-on both sides of the said river, thence along the westerly,
northerly and easterly bounds of the said tract until it again comes to
the said river, and then along the south side of the said river until it
strikes the farm now in the occupation of Marcus Platner and Jacob
Heermanse, and then along the westerly, northerly and easterly part of
the same farm, to the south side of the said creek or river, and then along
the southerly side thereof, to the south bend thereof where it meets with
the north line of the county of Dutchess, and thence westerly, along the
line of the county of Dutchess, to Hudson’s river, and then northerly up
along Hudsons river to the place of beginning shall be and hereby is
erected into a town, by the name of Clermont; excepting thereout the
tract of country called the German or East Camp.
And that all that part of the said county of Columbia commonly
called and known by the name of the German or East Camp, shall be
and hereby is erected into a town by,the name of German Town.
And that all the remaining part of the said county of Columbia, shall
be and hereby is erected into a town by the name of Livingston.
And that all that part of the county of Albany, bounded southerly by
the county of Columbia, westerly by Hudsons river, including such of
Germ an-
town .
Livingston.
Albany
0 o u n ty:
Rensselaer-
the islands in the same river as are nearest the east side thereof, and Wyck~
northerly by the north bounds of the manor of Rensselaerwyck, and
easterly by a line beginning in the same north bounds, at a place nine
miles distant from Hudsons river, and running from thence southerlyto
the northeast corner of Kinderhook in the county of Columbia, shall be
and hereby is erected into a town, by the name of Rensselaerwyck.
And that all that part of the said county of Albany, uounded easterly Stephen-
by the east bounds of this State, southerly by the county of Columbia,
westerly by the said town of Rensselaerwyck, and northerly by the north
bounds of the said manor of Rensselaerwyck, shall be and hereby is
erected into a town, by the name of Stephen Town.
town.
And that all that part of the said county of Albany, bounded south- Sohagh-
erly by the said town of Rensselaerwyck, westerly by Hudson’s river,
northerly by a line beginning at the mouth of Lewis’s creek or kill, and
running from thence south eighty four degrees east to Hosick river, and
easterly and southeasterly by a line running from thence down along
Hosick river, as it runs, to the place where Toll’s bridge formerly stood,
and then due south to the road leading from St. Hoick to Albany, and
ticoke.
758
LAWS OF NEW YORK. [CHAR 64.
Pittstown.
Hoosick.
Cambridge
Stillwater.
Saratoga.
Ballston.
Halfrnoon.
Schenec-
tady.
then along thesame road to the north bounds of Rensselaerwyck, shall
be and hereby is erected into a town, by the name of Schactekoke.
And that all that part of the said county of Albany, bounded south-
erly by Rensslaerwyck and Stephen Town, westerly by Schactekoke,
northerly by Schactekoke and Cambridge, and easterly by a line begin-
ning at the distance of ten miles east from Hudson’s river, on the north
line of Schactekoke continued east, and running from'thence to a place
in the north bounds of Stephen Town, at the distance of thirteen miles
from Hudsons river, shall be and hereby is erected into a town by the
name of Pitt’s Town.
And that all that part of the said county of Albany, bounded easterly
by the east bounds of this State, southerly by Stephen Town, westerly
by Pitts Town and northerly by the north line of Schactekoke and Pitts
Town continued to the east bounds of this State, shall be and hereby is
erected into a town, by the name of Hosick.
And that all that part of the said county of Albany, bounded north—
erly by the county of Washington, easterly by the east bounds of this
State, southerly by Hosick, Pitts Town and Schactekoke, and westerly
by the east bounds of Saraghtoga Patent, shall be and hereby is erected
into a town, by the name of Cambridge
And that all that part of the said county of Albany, bounded easterly
by Cambridge, southerly by Schactekoke and Anthony's Kill and a line
from that part of the said Kill where it comes out of the Round lake
to the south east corner of Balls Town, westerly by Balls Town and a
north line from the north east corner thereof, and northerly on the west
side of Hudsons river by the north bounds of lot number seventeen in
Saraghtoga Patent, continued to the said north line from the north east
corner of Ball’s Town, and on the east side of Hudsons river by a line
beginning in the middle of lot number thirty eight in Saraghtoga
Patent on Hudsons river, and running easterly parrallel to the south
bounds of the same lot to Cambridge, shall be and hereby is erected
into a town by the name of Stillwater.
And that all that part of the said county of Albany, bounded north-
erly by the county of. Washington, easterly by Cambridge, southerly by
Stillwater, and westerly by a north line from the north east corner of
Ballstown, continued to the county of Washington, shall be and hereby
is erected into a town by the name of Saraghtoga.
And that all that part of the said county of Albany, bounded westerly
by the county of Montgomery, northerly by the county of Washington,
easterly by Saraghtoga and Still-water, and southerly by the south
bounds of Balls Town, and a line from the southwest corner thereof,
continued west to the county of Montgomery, shall be and hereby is
erected into a town, by the name of Balls Town.
And that all that part of the said county of Albany, bounded north—
erly by Stillwater and Ball’s Town, easterly by Schactekoke, southerly
by the middle of the Mohawk river, and its most northerly branch, and
westerly by the west bounds of the patent granted to \Nilliam Apple,
and the Long lake, shall be and hereby is erected into a town, by the
name of Halfmoon.
And that all that part of the said county of Albany, bounded north-
erly by Balls Town, easterly by Half Moon and Water Vliet, southerly by
the north bounds of the manor of Rensselaerwyck, and westerly by the
county of Montgomery, and a line running from that part of the Mohawk
river where the line of the county of Montgomery comes to the said
river, south to the manor of Rensselaerwyck, including all that tract of
CHAP. 64.] . ELEVENTH SESSION.
759
' and northerly by the county of Montgomery, easterly by
land called Corey's Brook, shall be and hereby is erected into a town,
by the name of Schenectady.
And that all that part of the said county of Albany, bounded easterly Watervliet.
by Hudsons river, including the islands in the same lying nearest the
west Side thereof, northerly by Halfmoon and by a line from the South-
west corner of Halfmoon, south, to the lands granted to John Schuyler,
and then along the western bounds thereof, to the north bounds of the
manor of Rensselaerwyck, and then to the northwest corner of the
Said manor westerly by the west bounds of the same manor and south-
erly by the north line of the county of Columbia, continued to the west
bounds of the Same manor, except the city of Albany, shall be and
hereby is erected into a town by the name of \Vater Vliet.
And that all that part of the said county of Albany bounded westerly
Schenectady
and Water Vliet, and southerly by a tract of land called the township
of Blenheim, and a line ruining from the north-east corner thereof,
east to Water Vliet, shall be and hereby is erected into a town, by the
name of Schoharie.
And that all that part of the said county of Albany, bounded west-
erly by the counties of Montgomery and Ulster, northerly by Schoharie
and Water Vliet, easterly by the county of Columbia, and southerly by
a line beginning at the south bank of the mouth of the Murderers Kill
at Lunenburgh, and running from thence north eighty degrees west to
the county of Ulster, shall be and hereby is erected into a town, by the
name of Cocksakie.
And that all that part of the said county of Albany, bounded north-
erly by Cocksakie, easterly by the county of Columbia, and southerly
by the county of Ulster, shall be and hereby is erected into a town, by
the name of Cats-Kill.
And that all that part of the county of Washington, bounded southerly
by the county of Albany, westerly by Hudson’s river, northerly by a
tract of land called Kingsbury, and a tract of land called the Provincial
Patent, and easterly by the east bounds of a tract of land called the
township of Argyle, shall be and hereby is erected into a town, by the
name of Argyle.
And that all that part of the said county of Washington, bounded
easterly by the east bounds of the said county of Washington, southerly
by the county of Albany, westerly by Argyle, and northerly by the north
bounds of a tract of land called Turner’s Patent, and a line running
from the northeast corner thereof, east to the east bounds of the said
county of Washington, shall be and hereby is erected into a town, by
the name of Salem.
And that all that part of the said county of Washington bounded
easterly by the east bounds of the said county of Washington, southerly
by Salem aforesaid. westerly by Argyle and the said tract of land called
the Provincial Patent, and northerly by an east and west line run from the
southeast corner of a tract of land formerly granted to Lieutenant Byrn,
shall be and hereby is erected into a town, by the name of Hebron.
And that all that part of the said county of Washington, bounded
easterly by the east bounds of the said county of Washington, southerly
by Hebron aforesaid, westerly by the said tract called the Provincial
Patent and a tract of land called the artillery Patent, and northerly by
a tract of land heretofore called Skeensborough, and a line running east
from the southeast corner thereof to the east bounds of the said county
Schoharie.
Coxsackie.
Catskill.
\Vashing-
ton county;
Argyle.
Salem.
Hebron.
Granville.
of Washington, shall be and hereby is erected into a town, by the name '
of Granville.
_
LAWS OF NEW YORK._ [CHAR 64.
160
Hampton.
Whitehall.
Kingsbury.
Westﬁeld.
Queens—
bury.
Clinton
county;
Crown
Point.
Wills-
borough.
Platts-
burgh .
Champlain
And that all that part of the said county of Washington, bounded
easterly by the east bounds of the said county of Washington, southerly
by Granville aforesaid, westerly by the said tract of land heretofore
called Skeensborough, and a line running from the northeast corner
thereof north east to the north bounds of the said county of Washing—
ton, and northerly by the north bounds of the said county of Wash-
ington, shall be and hereby is erected into a town, by the name of
Hampton.
And that all that part of the said county of \Vashington, bounded
easterly by Hampton, southerly by the south bounds of the tract of land
heretofore called Skeensborough, westerly by the west bounds of the
said tract, and the waters of South Bay, and northerly by the north
bounds of the said county of Washington, shall be and hereby is erected
into a town, by the name of WVhitehall.
And that all that part of the said county of Washington, bounded
easterly by the said tract of land called the Provincial Patent, southerly
by Argyle and Hudsons river, westerly by the west bounds of a tract of
land called Kingsbury, and northerly by the north bounds of the said
tract of land called Kingsbury, shall be and hereby is erected into a
town, by the name of Kingsbury.
And that all that part of the said county of \Vashington, bounded
southerly by Kingsbury, easterly by Hebron, Granville and Whitehall,
northerly by \Vhitehall and the north bounds of the said county of
\Vashington, and easterly by Lake George, shall be and hereby is erected
into a town, by the name of YVestﬁeld.
And that all that part of the said county of Washington, bounded
easterly by \Vest Field and Kingsbury, southerly by the county of
Albany, westerly by the county‘ of Montgomery, northerly by the north
bounds of the said county of Washington, shall be and hereby is erected
into a town, by the name of Queensbury.
And that all that part of the county of Clinton, bounded southerly by
the south bounds of the said county of Clinton, northerly by the south
line of judd’s patent continued westerly to the county of Montgomery
and easterly to the east bounds of the county of Clinton; easterly by the
east bounds of the county of Clinton, and westerly by the county of
Montgomery, shall be and hereby is erected into a town, by the name of
Crown Point.
And that all that part of the county of Clinton bounded on the south
by the town of Crown Point on the north by the south line of a patent
(which including the river a Sable at its mouth) continuing westward
to the county of Montgomery and eastward to the east bounds of the
county of Clinton; easterly by the east bounds of the county of Clin-
ton and westerly by the county of Montgomery, shall be and hereby is
erected into a town by the name of Willsborough.
And that all that part of the county of Clinton, bounded on the south
by the town of Willsborough, on the north by the north‘ line of a patent
granted to William Beekman and others, continued Westward to the
county of Montgomery, and eastward to the east bounds of the county
of Clinton; easterly by the east bounds of the county of Clinton, and
westerly by the county of Montgomery, shall be and hereby lS erected
into a town, by the name of Plattsburgh.
And that all that part of the county of Clinton, laying to the north-
ward of the town of Plattsburgh, south of the north bounds of this State,
west of the east bounds of the county of Clinton and east of the county
of Montgomery, shall be and hereby is erected into a town, by the name
of Champlain.
CHAP. 64.] ELEVENTH SESSION. 76]
And that all that part of the county of Montgomery, bounded north- Montgom-
erly by the north bounds of this State, easterly by the counties of Clin- 8251133113’;
ton, Washington and Albany, southerly by the Mohawk river, and west- waga.
erly by a line running from the hill called Anthony’s nose, north to the
north bounds of this State, shall be and hereby is erected into a town
by the name of Caughnawaga.
And that all that part of the said county of Montgomery, bounded Palatine.
northerly by the north bounds of this State, easterly by Caughnawaga,
southerly by the Mohawk river, and-westerly by a line running from the
little falls in the Mohawk river, north, to the north bounds of this State,
shall be and hereby is erected into a town, by the name of Palatine.
And that all that part of the said county of Montgomery, bounded Herkimer.
northerly by the north bounds of this State, easterly by Palatine, south-
erly by the Mohawk river, and westerly by a north and south line run-
ning across the Mohawk river at the folding place near the house of WVil-
liam Cunningham, leaving the same house to the west of the same line,
shall be and hereby is erected into a town, by the name of Herkemer.
And that all that part of the said county of Montgomery, bounded Mohawk.
northerly by the Mohawk river, easterly and southerly by the county of
Albany, and westerly by a line running from the hill called Anthony’s
nose, south, until it strikes the county of Albany,’ shall be and hereby is
erected into a town, by the name of Mohawk.
And that all that part of the said county of Montgomery, between Harpers-
the Cookquago-Branch of Delaware river and the branch-of the Susque- ﬁeld‘
hannah river called Adigitange, beginning at a rock maple tree marked
on four sides with a blaze and three notches, and with the letters and
ﬁgures A. C. 1768. standing on a high point of land at the south side of
a small lake called by the Indians Utsayantho, from whence the said
branches of the Delaware called by the Indians Cookquago issues, and
running from thence, north thirty degrees west to the said Adigitange,
and thence down the same, and the Susquehanna to the bounds of
Pennsylvania, and east along the same to the river Delaware, and then
up the same river to the place of beginning, shall be and hereby is
erected into a town, by the name of Harpersﬁeld.
And that all that part of the said county of Montgomery, beginning Otsego.
at the head water of the lake Otsego in the patent commonly called the
Otsego patent granted to George Croghan and others, and running from
thence along the northerly bounds of the said patent to the northwest
corner thereof, thence extending westerly to the river Tienaderha, so as
to include the patent granted to William and Robert Edminston, thence
down the said river to its junction with the Susquehanna river, and then
up the said river to the place of beginning, shall be and hereby is erected
into a town, by the name of Otsego.
And that all that part of the said county of Montgomery, bounded Canajo-
northerly by the Mohawk river, easterly by the town of Mohawk, and harm‘
the county of Albany, southerly by Harpersﬁeld, and westerly by the
river Susquehanna and the lake Otsego, and a line from the head water
thereof to the little falls in the Mohawk river, shall be, and hereby is
erected into a town, by the name of Canajoxharie.
And that all that part of the said county of Montgomery, bounded German
northerly by the Mohawk river, easterly by Canajoxharie, southerly by Ms‘
Otsego, and westerly by the western line of the town of Herkemer, con-
tinued south to the said town of Otsego, shall be and hereby is erected
into a town, by the name of German Flatts.
And that all the remaining part of the said county of Montgomery,
shall be and hereby is erected into a town, by the name of White’s Town.
VOL. 2. — 96
P
LAWS OF NEW YORK. [CHAR 64.
1‘)
6..
Effect of
act.
Intersected
farms.
North and
South
Hem pstead
Poor in
Goshen,
etc.
Poor in
Cortlandt,
etc .
Town
meetings.
And be 2'! further enacted by Z/ze ant/zorz'z‘y aforesaid, That none of the
bounds or lines by this act assigned for the limits of any or either of
the said towns, shall be deemed to take away, abridge, destroy or affect,
the right or title of any person or persons, bodies politic or corporate,
in any manner or by any means whatsoever; nor be deemed, taken or
construed as a conﬁrmation of the bounds, or the rights of any patent
or patents whatsoever.
And be 2'! fart/zer enacted by the aut/zorz'ly aforesaid, That where any
line of any of the said towns shall intersect a farm, the possessor of such
farm shall pay all his taxes for such farm in the town where his dwell-
ing house shall be.
And be it fnrt/zer enacted by t/ze auZ/zorz'zji/ aforesaid, That the inhab-
itants of South Hempstead shall have and enjoy the right of oystering,
ﬁshing and clamming, in the creeks, bays, and harbours of North
Hempstead; and the inhabitants of North Hempstead shall have and
enjoy the like rights and privileges in the creeks bays and harbours of
South Hempstead.
And be 2'2‘ fart/cer enacz‘ed by z‘lze anz‘borz'iy aforesaid, That the poor now
belonging to the precinct of Goshen, and all persons now entitled to a
settlement therein, and who shall become poor, shall be supported and
maintained at the joint expence of the said towns of Goshen, Warwick
and Minisink, in the same proportion as the necessary and contingent
charges of the county, shall from time to time be laid upon the same
towns respectively, and that all the bridges which are now by law
directed to be made and maintained at the joint expence of the inhab-
itants of the precincts of Goshen and Cornwall, shall continue to be
made, repaired and maintained by the inhabitants of the said towns of
New Cornwall, Goshen, ‘Warwick and Minisink, in the same manner as
if this act had not been made. '
And be it furz‘lzer enacted by [Ice azcZ/zorz'zj/ aforesaid, That such poor
persons as are now maintained by the inhabitants of the manor of Cort-
landt and manor of Philipsburgh, shall be distributed within twenty days
after this act shall take effect; those of the said manor of Cortlandt, to
and among the towns of Cortlandt, York town, and Stephen-town; and
those of Philipsburgh, to and among the towns of Greenburgh and
Mountpleasant, in such equitable manner as Ebenezer Purdy, Jonathan
G. Tompkins and Ebenezer Lockwood, or any two of them, shall, by
writing under their hands, or the hands of any two of them, order and
direct; and that after such distribution, the inhabitants of the said
towns shall respectively maintain such of the said poor persons as shall
be so as aforesaid to them respectively assigned; and that until such
distribution shall be so as aforeaid made, the said poor persons shall be
kept and maintained in the same manner, as if this act had never been
made.
And be if furfber enacted by the ani/zorz'z‘y aforesaid, That the free-
holders and inhabitants of each and every of the said towns, for the
time being respectively, who are or shall be qualiﬁed by law to vote at
town meetings, shall forever hereafter have full power and authority and
they are hereby directed and required, to assemble together and hold
town meetings in their respective towns, on the ﬁrst Tuesday in April
in every year, and then and there to elect and chuse one supervisor, one
town clerk, not less than three, nor more than seven assessors, one or
more collectors, each of whom shall be liable only for the monies which
they are respectively directed to collect in such parts of the town, as
shall be assigned to them by the supervisor, two overseers of the poor,
and three commissioners of highways, for the same town, each of whom
CHAP. 64.] ELEVENTH SESSION.
763
shall be a freeholder and inhabitant of the same town; and so many
constables, overseers of the highways, fence viewers, and pound masters
for the same town, being inhabitants of the same town, as to the free-
holders and inhabitants of Said town so met or the major part of them,
shall seem necessary and convenient; which said several ofﬁcers shall
hold their respective ofﬁces for one year, and until others shall be chosen
in their places: And in case any of the ofﬁcers so chosen in any such
town, shall refuse to serve, or die or remove out of the town, or become
incapable of serving, before the next annual town meeting, then and in
every Such case it shall and may be lawful to and for the freeholders
and inhabitants of such town, from time to time, when it shall be neces-
sary, to elect and chuse another or others in the room of such of them
so refusing to serve or dying, removing or becoming incapable of serv-
ing, and to assemble together and hold town meetings for that purpose:
And the town clerk of each town respectively, upon notice of any such
refusal, removal, incapacity or death, or in case of any vacancy of the
ofﬁce of town clerk, then any justice of the peace in the same county,
upon notice thereof, and request to him, by any freeholder of the same
town, is hereby required to give notice in the manner herein after men-
tioned, of a town meeting in the same town, for the purpose aforesaid.
A2212’ be z'z‘furf/zer matured @ z‘lze ant/mm?) (Uforesaz'zi, That the ﬁrst town
meeting in each of the said towns, after this act shall take effect, shall
be held at the place in each respective town where such meeting in the
same district ought to have been held, if this act had not been made;
and where there is no such place, or more than one such place, in any
town, then at such place as the justices of the peace residing in such
town, or the major part of them, shall direct and appoint. And that all
town meetings thereafter to be held in each respective town, shall be
held at such place in each town respectively, as the freeholders and
inhabitants of such town, at their town meeting Shall from time to time
direct and appoint.
Ana’ ée itfurther enactea’ &y 2726 azrz‘lzorz'z‘y aforesaid, That the freehold-
ers and inhabitants of the city of Albany, shall and may, and they are
hereby required, yearly and every year, on the ﬁrst Tuesday in May, to
elect and chuse one supervisor, two assessors, one collector and one
overseer of the poor, being freeholders and inhabitants of the said city,
and two constables, being inhabitants of the same city, in each of the
‘Ward
ofﬁcers,
Albany
city.
wards of the said city. Arzzz’furt/zer, that the freemen of the city of Id.; Hud-
Hudson, being inhabitants thereof, shall and may and they are hereby
required, yearly and every year, at their annual election of ofﬁcers within
the said city of Hudson, to elect and chuse one supervisor and such
number of assessors, collectors, constables and overseers of the poor, of
the same city, as the common council for the same city, shall from time
to time deem necessary, and direct to be chosen.
And he [2‘ furl/ler gnarled &y 2726 auZ/wrz'z‘y aforesaid, That if any
or either of the said cities, towns or places, shall neglect to chuse such
ofﬁcers as aforesaid, or any or either of them, or in case any or either of
the ofﬁcers so chosen, in and for any city, town or place aforesaid, shall
refuse to serve, or die or remove out of the city, town or place, for which
he shall be chosen, or become incapable of serving, before the next
annual town meeting, or election, after he shall be chosen, and the city
town or place, for which he was chosen, shall not, within ﬁfteen days
next after such refusal, death, removal or incapacity happens, chuse
another in the room of such person so refusing to serve. or dying, or
removing or becoming incaple of serving, then and in every Such case
it shall and may be lawful, for any three of the justices of the peace in
son city.
Vacancies.
LAWS OF NEW YORK. [CHAP. 64.
Oaths of
ofﬁce.
the same county, residing in such city, or in or near to such town, and
they are hereby required, to nominate and, by warrant under their hands
and seals, to appoint, all and every such officers as aforesaid, as the free-
holders and inhabitants of the same city, town or place, ought to have
chosen as aforesaid; and each and every of the said ofﬁcers so appointed,
shall hold his ofﬁce for so long time, and have the same powers, and be
liable to the same penalties, as if he had been elected to the same ofﬁce
by the freeholders and inhabitants of such city, town or place.
And [16 1'2‘ fm’Z/zer enacted a); i/ze aut/zm'z'zj/ aforesaid, 'l‘hat each and
every supervisor, town clerk, assessor, commissioner of highways, over-
seer of the poor, and constable, hereafter to be elected or appointed,
shall, before _he enters upon the execution of his ofﬁce, and within eight
days after such election, or appointment, take and subscribe an oath,
before some justice of the peace, in the form herein after prescribed for
such ofﬁcers respectively to take, that is to say, every supervisor shall
take and subscribe an oath in the following form, to wit “ I do
solemnly and sincerely promise and swear, that I will in all things, to
the best of my knowledge and ability, faithfully and impartially execute
and perform the trust reposed in me as supervisor of the (here insert
the name of the place) in the county of (here insert the name of the
county) and that I will not pass any account or any article thereof
wherewith I shall think the said county is not justly chargeable, nor
will I disallow any account or any article thereof, wherewith I shall think
the said county is justly chargeable.” And every town clerk shall take
and subscribe an oath in the following form, to wit, “I town
clerk of the town of in the county of do solemnly
and sincerely promise and swear, that I will faithfully and honestly keep
all the books, records, writings and papers, by virtue of my said ofﬁce
of town clerk committed, and which shall from time to time be com-
mitted, unto me; and in all things to the best of my knowledge and
understanding, well and faithfully perform the duties of my said ofﬁce
of town clerk without favour or partiality.” And every assessor shall
take and subscribe an oath in the following form, to wit, “ I do
solemnly and sincerely promise and swear, that I will honestly and
impartially assess the several persons and estates, within the (here insert
the name of the place) in the county of (here insert the name of the
county) ; and that in making such assessments, I will, to the best of my
knowledge and judgment, observe the directions of the several laws of
this State, directing and requiring such assessments to be made.H And
every commissioner of highways shall take and subscribe an oath in the
following form, to wit, “ I do solemnly and sincerely promise
and swear, that I will in all things, to the best of my knowledge and
understanding, well and faithfully execute the trust reposed in me as a
commissioner of highways, for (here insert the name of the town and
county) without favour or partiality.” And every overseer of the poor,
and constable, shall take and subscribe an oath in the following form,
to wit, “ I do solemnly and sincerely promise and swear. that
I will in all things to the best of my knowledge understanding and abil-
ity, well and faithfully execute and perform the trust reposed 1n me as
an overseer of the poor, or constable. (as the case may be ) ot the (here
insert the name of the place) in the county of (here insert the name of
the county”). Ana’ furl/267', that every justice of the peace, before
whom such oath shall be taken and subscribed as aforesaid. shall, with-
out fee or reward, certify under the same writing, the day and year when
the same oath was taken, and subscribe his name thereto. and then
deliver the same writing to the person taking the same oath, who shall,
CHAP. 64.] ELEVENTH SESSION.
U!
within eight days thereafter, transmit or deliver the same to the clerk of
the town for which such ofﬁcer so taking such oath was elected or
appointed. And if any supervisor, assessor, commissioner of highways,
overseer of the poor or constable of any town, shall not take and sub-
scribe such oath as aforesaid, and transmit or deliver the same to the
town clerk as aforesaid, within the time hereby limited, or if any collec-
tor or constable, shall not give such security as is by law required,
within the time for that purpose limited, then and in every such case,
such neglect shall be deemed a refusal to serve in such ofﬁce; and the
town in which such ofﬁcer was chosen, may thereupon proceed to a new
choice.
And ﬁe it fart/221' enarz‘ea’ 6y t/ze auf/zorz'ly afaresaz'a’, That if any per-
son hereafter chosen or appointed a supervisor, town clerk, assessor, col-
lector, commissioner of highways, overseer of the poor or constable as
aforesaid, shall refuse to take upon him, or to serve in such ofﬁce, or if
any such supervisor, town clerk, assessor, commissioner of highways or
overseer of the poor, shall proceed in the execution of such ofﬁce, before
he shall have taken and subscribed such oath as aforesaid, or if any such
collector or constable shall proceed in the execution of his ofﬁce, before
he shall have given such security, as is or shall be required by law, then
and in every such case, every person so neglecting or refusing, or doing,
shall forfeit to the people of this State, the sum of twenty five pounds,
to be recovered, by action of debt, bill, plaint or information, in any
court of record; and the attorney general of this State for the time
being, is hereby directed and required to sue and prosecute for all such
penalties and forfeitures, and to pay the same when recovered to the
treasurer of ‘this State, for the use of the people of this State. And in
every such action, suit or information, it shall be sufﬁcient to set forth,
that the defendant, at a certain time and place became indebted to the
people of the State of New York, in the sum of twenty ﬁve pounds as a
forfeiture incurred, by reason that the defendant, having been elected
or appointed (as the case may be) a supervisor, town clerk, assessor,
collector, commissioner of highways, overseer of the poor, or constable,
as the case may be, did refuse to take upon him and to serve in his said
ofﬁce, or did proceed in the execution of his said ofﬁce, without taking
and subscribing the oath by law required, or without giving the security
by law required, as the case may be, contrary to the form of the “act
for dividing the counties of this State into towns,” to be paid to the
people of the State of New York aforesaid, when he should be there-
unto afterwards required; and to give the special matter in evidence.
Ana’ ﬁe 2'! fart/222* enarz‘ea’ by f/ze azrZ/zorz'ty aforesaid, That if any
person hereafter chosen or appointed an overseer of the highways, fence
viewer or pound master, shall neglect or refuse to take upon him the
said ofﬁce, then and in every such case, such person so neglecting or
refusing shall forfeit and pay the sum of ﬁve pounds, to be recovered,
with costs, before any justice of the peace, by action of debt; the one
moiety thereof to the use of the poor of the town for which such ofﬁcer
was chosen or appointed, and the other moiety thereof, with the costs
of suit, to the use of any person who shall prosecute for the same to
effect.
And a’ z’! furl/267' enacted 6y f/ze aaZ/zorz'fy afaresaz'a’, That upon the
death or expiration of the ofﬁce of the town clerk of any town, all
the records, books, writings and papers, belonging to the same ofﬁce,
shall be delivered to the successor in ofﬁce, upon the oath of the pre-
ceding town clerk, or in case of his death, upon the oath of his execu-
tors, or administrators; and if any such preceding town clerk or his
Penalty for
ofﬁcer act,-
1!. ssss . v
taking
path or ill—
mg bond.
Penalty for
refusal of
certain
ofﬁcers.
Town
clerk's
office,
transfer of.
‘kl
Ch
O";
LAWS OF NEW YORK. [CHAR 64.
Powers of
town meet-
ings.
executors or administrators, shall refuse or neglect to deliver the same
upon oath as aforesaid, being lawfully demanded, every such person
shall forfeit to the people of this State, for every such refusal or neglect,
the sum of one hundred pounds, to be recovered, by action of debt. bill.
plaint or information, in any court of record; and the attorney general
of this State for the time being, is hereby directed and required,
to sue for such forfeiture, andto pay the same, when recovered to
the treasurer of this State, for the use of the peopie'of this State.
And in every such action, suit or information, it shall be sufﬁcient
to set forth, that the defendant, on the day such demand was made,
became indebted to the people of the State of New York, in the sum of
one hundred pounds, as a forfeiture, incurred by reason that the defend-
ant did neglect and refuse to deliver to the succeeding town clerk, the
records, books, writings and papers belonging to the same ofﬁce, con-
trary to the form of the “ Act for dividing the counties of this State
into towns;” to be paid to the people of the State of New York, when
he should be thereunto required; and to give the special matter in evi
dence.
And be it fnrt/zer enacz‘ed by t/ze azcf/zorz'ly aforesaid, That the free-
holders and inhabitants of each and every of the said towns, shall be,
and are hereby authorised and impowered, at their respective annual
town meetings, or any other town meeting, held for that purpose in
their respective towns, from time to time, to make, establish constitute
and ordain such prudential rules, orders and regulations, as the majority
of the freeholders and inhabitants of such towns respectively, so assem-
bled at their respective town meetings, and having a right to vote there,
shall from time to time, judge necessary and convenient, for the better
improving of their common lands in tillage, pasturage or any other
reasonable way; and for making maintaining and amending, their par-
tition and circular fences, for their lands, gardens, orchards and
meadows; and for ascertaining and directing the use and management,
and the times and manner of using their common lands and meadows,
and other commons; and the times, places and manner of permitting
or preventing, cattle, horses, sheep and swine, or may of them, to go at
large; and for impounding all manner of cattle, an creatures whatso-
ever; and for ascertaining the sufﬁciency of all partition and other
fences; and for making and maintaining such and so many pounds,
and at such places, as may be necessary and convenient; and for ascer-
taining and limiting the fees to be taken by the fence viewers respect-
ively; and to impose such penalties on the offenders against such rules,
orders and regulations, or any or either of them, as the majority of
such freeholders and inhabitants, so assembled, shall, from time to time,
deem proper, not exceeding ﬁve pounds for each offence, to be recov-
ered with costs of suit, by the supervisor, for the time being, of the
town where the offence shall be committed, in the name of the supervi—
sor of such town, for the use of the same town, by action of debt, before
any justice of the peace, residing in any other town in the same county.
And no such action shall be abated or discontinued by the death or
expiration of the ofﬁce of such supervisor, but may be continued and
prosecuted to effect, by his successor in ofﬁce. And all such penalties,
when recovered, shall be applied and disposed of for the use of the
town where such offence shall be committed, in such manner, and for
such purposes, as the freeholders and inhabitants of the same town,
where such offence shall be committed, at their town meetings, or the
majority of them there assembled, from time to time, direct and appoint.
And furl/zer, that all such rules, orders and regulations, so to be made
CHAP. 64.] ELEVENTH SESSION.
67
as aforesaid, in each town, shall be entered and recorded by the town
clerk of the same town, in a book by him to be provided for that pur-
pose, and shall remain and be in full force, until the same shall be
revoked or altered, or new made, in the manner aforesaid, at some Sub-
sequent town meeting; all which alterations and new rules, orders and
regulations, shall also from time, to time be entered and recorded as
aforesaid, and shall continue and be in force, until revoked, altered or
new made as aforesaid.
Ana’ be if fart/ler marred by Z/ze aza‘lzorz'zj/ aforesaz'a’, That it shall and Id-
may be lawful for the freeholders and inhabitants of each and every of the
said towns, at their respective annual town meetings, or at any other
town meeting held for that purpose, to make such provisions, and allow
such rewards, for the destruction of wolves, wild cats, foxes, crows,
black birds and other noxious wild animals and birds, and to direct
such sum of money to be raised in such town for that purpose, and for
prosecuting or defending the common rights of such town, as the major
part of the said freeholders and inhabitants so assembled at any such
town meeting shall deem necessary and proper; which money shall be
raised and levied together with, and in the same manner, as the money
raised in such town for the support of the poor, shall be raised and
levied.
A no’ be it farz‘lzer enaelea’ by Z/ze aaZ/zorz'rfv aforesaid, That whenever it
shall be necessary to hold a town meeting, in either of the said towns, for
any of the purposes aforesaid, at any time between any of the said annual
town meetings, due notice thereof shall be given, by the town clerk, in
writing, under his hand, specifying the time, place and purposes, of such
town meeting, and ﬁxed up at four or more of the most public places in
the same town, at least eight days before the time therein appointed for
holding such town meeting. And the town clerk of each of the said
towns, is hereby directed and required, to give such notice, whenever it
shall be necessary to hold such town meeting, for electing any of the
ofﬁcers aforesaid in such town, or he shall be required to do so by any
twelve or more freeholders of such town.
And be 22‘ farf/zer marred by t/ze aaf/zorz'z’y aforesaz'a’, That where the
lands or meadow, of any two or more persons, shall join each other,
each of them shall make and maintain a just proportion of the division
or partition fence between them, except such persons as shall chuse to
let their lands or meadows lay vacant and open; and in case any dis-
pute shall arise concerning the part or proportion of the fence to be
made and maintained by either party, the same shall be settled by the
fence viewers of such place, where such lands or meadows shall be situ—
ated, or any two of them, whose decision shall be conclusive. And if
any person shall neglect or refuse to make and maintain his or her part
or proportion of such fence, or shall permit the same to be out of repair,
every such person shall be liable to, and shall pay all and every such
damages as shall accrue to his or her neighbour or neighbours thereby,
to be appraised and ascertained by the fence viewers of the same place,
or any two of them, not interested therein, being ﬁrst sworn well and
truly, and without any favour or partiality, to appraise and ascertain the
true and real value of such damages, according to the best of their
knowledge, skill and judgment; and to be recovered, with costs, in any
court having cognizance of the same: And in case the party so neglect—
ing or refusing, shall continue such neglect o. refusal for the space of
one month, after notice and request to make or repair such fence, then
and in every such case, it shall be lawful for the party injured or
aggrieved thereby, to make or repair all the said fence at the expence of
Special
town meet
lugs, how
called.
Division
fences.
*1
CD
00
LAWS OF NEW YORK. [CHAR 64.
Id.
Distress ‘of
trespassing
beasts.
Fences in
cities.
the party so neglecting or refusing, to be recovered with costs of suit, in
any court having cognizance of the same. And in case any person or
persons, who shall have made his, her or their proportion of any such
fence, shall conclude or be disposed to throw up, his, her or their said
lands or meadow, for common feeding, or to let the same lay open, he,
she or they, shall give three months notice thereof, to the person or per-
sons in possession of the lands or meadow adjoining; and if such fence
shall be removed, without giving such notice, or before the expiration of
the said three months, then and in every such case, the person or per-
sons so removing, or causing such fence to be removed, shall be liable
to make good all such damages, as the party injured and aggrieved by
such removal, shall sustain thereby, to be recovered as aforesaid with
costs.
Ana’ w/zereas in some parts of this State, the fences inclosing meadow
and low land, are frequently injured, destroyed or carried away, by floods
or high tides, which generally happen in the spring of the year, and the
owners of such meadow or low land lose a great part of the proﬁts
thereof for the whole year, unless the said fence be speedily repaired, or
new made. Therefore,
Be z'z‘farZ/zer e/zaez‘ea’ ay z‘/ze azzt/zorz'z‘y afaresaz'a’, That in all cases where
any such partition fence shall be so injured, destroyed or carried away,
every person who ought by law to make or repair the same, shall make
or repair the same, or his or her just proportion thereof, within ten days
after he or she shall be thereunto required, by any person interested
therein; and if any person shall refuse or neglect, to make or repair his
or her proportion of such fence, for the space of ten days after such
request as aforesaid, then and in every such case, it shall be lawful for
the party injured or aggrieved thereby, to make or repair all the said
fence, atthe expence of the party so neglecting or refusing; and he or
she shall and may recover the same, with costs, in any court having
cognizance thereof.
Ana’ a; 2'2‘ farZ/zer eizaez‘ea’ a), i/ze azzZ/zarz'z‘y aforesaz'a’, That when any
distress shall be made of any beasts doing damage, the person distrain-
ing, shall, as soon as conveniently may be, and within twenty four hours
thereafter, make application to the two nearest fence viewers in the
same town, to appraise and ascertain the damage, who shall immedi-
ately thereupon go to the place where such damages shall be committed,
and view the damage done, and appraise, ascertain and certify under
their hands, the amount thereof, with their fees for the same, being ﬁrst
sworn well and truly, and without any favour or partiality, to appraise
the true and real amount of such damage, according to the best of their
knowledge, skill and judgment; and if any dispute shall arise concern-
ing the sufﬁciency of the fence, it shall be determined by the same fence
viewers, whose decision shall be conclusive; and the person making the
distress, shall, as soon as he shall think proper, and within forty-eight
hours after making such distress, unless the damage shall be sooner
paid, cause the beasts so distrained to be put in the nearest pound in
the same county, where they shall remain until the sum so certiﬁed by
the fence viewers, with the fees of the pound master, shall be paid. or
the beasts so impounded be replevied.
Ami be it fZH’f/lél‘ eizaeiea’ a] Z/ze aut/zorz'zfy aferesaz'a’, That it shall and
may be lawful for the common council for the time being, of the respect-
ive cities of New York, Albany and Hudson, to make such orders rules
and regulations, for the making amending and maintaining the fences in
the said cities respectively, as well partition fences as others, as they
shall from time to time judge most proper and convenient.
CHAP. .65.] ELEVENTH SESSION. 769
And a, it fart/lar orzaciea’ oy Z/zo aut/zorz'zfy aforosaz'a’, That there shall Pounds.
be made and kept one good and sufﬁcient pound in each city and town
of this State, and that it shall and may be lawful for the common coun-
cil of the respective cities of New York, Albany and Hudson, from time
to time to appoint keepers of the pounds in their respective cities, who
shall respectively hold their ofﬁces during the pleasure of the said com-
mon council; and that the said respective keepers of the said pounds,
and the respective pound masters in each respective town, shall and
may have, receive and take, for all beasts that shall be put into the pound
of which he is keeper or master, the following fees, to wit, for taking
in and discharging every horse, gelding, mare or colt, and all neat cattle,
one shilling each; and for every sheep or lamb three pence; and for
every hog, shoat or pig six pence; which fees shall be paid to the said
keeper or pound master by the owner or owners of the beasts impounded,
or some person or persons for him, her or them, before the said beasts
shall be released or discharged from such pound, unless the keeper or
master of such pound shall otherwise agree concerning the same. And
if the owner ofany beasts, impounded for doing damage, shall not pay
the damage, and the fees of the keeper or master of the pound, with
reasonable charges for keeping and feeding them, not exceeding three
pence for each beast, for every twenty four hours, each such beast shall
be impounded and fed, within six days after such beasts shall be
impounded, or replevy the same beasts, then it shall and may be lawful
for every such keeper or master of such pound, to sell such beasts, at
public vendue, giving at least forty eight hours previous notice of such
sale, by advertisement to be set up at the said pound, and at the near-
est public place to the said pound; and out of the monies arising from
such sale, to pay the said damage, and retain in his hands his fees and
charges of feeding and keeping the same beasts, and of such sale, and
return the overplus to the owner, of the same beasts. And if no such
owner shall appear and claim such overplus, within six calender months
after such sale, the same shall be paid to the overseers of the poor of
the city or town, where such beasts were impounded, for the use of the
poor of such city or town. ‘
Arza’ a) 2'2‘ fzzrZ/zor orzarz‘oa’ oy Z/zo aaZ/zorz'z‘y aforesaid, That this act When act
to take
shall take effect and be in force from and after the ﬁrst day of April in eifect‘
the year of our Lord one thousand seven hundred and eighty nine,
except with respect to the county of West Chester; and that with respect
to the said county it shall take effect within twenty days after the pass-
ing thereof.
CHAP. 65.
AN ACT for defraying the public and necessary charge in the
respective counties of this State.
PASSED the 7th of March, 1788.
Be 2'! Marisa’ a)’ t/ze People of 2716 State of New York, represented in Assess-
Selzaz‘e and Assemoli', arm’ 2'! is homo)’ e/zacz‘m' o)‘ Z/ze aaZ/zorz'ty of [/26 some, 132325: how
That the assessors of each respective city, town and place in every
county of this State, shall yearly and every year, as soon as conveniently
may be after they are chosen and qualiﬁed, proceed to enquire into the
value of the real and personal estate of every freeholder and inhabitant
within the city town or place, whereof they are assessors, and shall make
VoL. 2. ——97
~il
LAWS OF NE\V YORK. [CHAR 65.
Supervis-
ors. audit-
ing of
accounts.
Equaliza-
tion.
Fixing
' amount of
taxes.
out a true and exact list of the names of all the freeholders and inhabit-
ants of the respective cities, towns and places, for which they shall be
chosen assessors; and of such who have estates therein and do not reside
there; and opposite to the name of every such person shall set down the
real value of all his or her whole estate real and personal in the same
city, town or place, as near as they can discover the same; and shall set
down the value of the real estate of each person as aforesaid in one
column, and the value of the personal estate of each person as aforesaid
in another column of the same list or assessment, leaving room sufﬁcient
opposite thereto to insert the sum each person is to pay; and shall com-
pleat and deliver the same list or assessment, signed by such assessors
or the major part of them to the supervisors of the county in which such
city, town or place is or shall be situated, or their clerk, on or before
the last Tuesday in May next after their election yearly and every year;
and if any assessor shall refuse or neglect to perform the duty hereby
required of him, every assessor so refusing or neglecting, shall forfeit
and pay for every such offence, the sum of twenty-ﬁve pounds, to be
sued for and recovered for the use of the county where such offence
shall be committed, with costs, in any court of record, by action of debt,
bill, plaint or information, and in the name of the supervisors of the
same county; and in every such action, suit or information, it shall be
sufﬁcient for the plaintiffs to set forth, that the defendant at a certain
time and place became indebted to the supervisors of the said county,
in the said sum of twenty-ﬁve pounds, as a forfeiture incurred for refus—
ing and neglecting to perform the duty required of him by virtue of an
act, entitled “An act for defraying the public and necessary charge, in
the respective counties of this State,” to be paid to the supervisors of
the said county, when he should be thereunto required, and to give the
special matter in evidence: And all such penalties, when recovered,
shall be applied to the use of the county where the offence was com-
mitted, in such manner and for such purposes, as the supervisors of the
same county for the time being shall direct and appoint.-
And be iz‘ fzcrz‘lzer enacz‘ed by ﬁle ant/zoriz‘y aforesaid, That the super-
visors of each city, town and place, in each of the respective counties of
this State, shall yearly on the last Tuesday of May in every year, meet
together at the court house of the same county, and at such other time
or times and place or places, as they shall ﬁnd and judge necessary and
convenient, and examine, oversee, settle and allow, all such accounts as
the same county is or shall be chargeable with; and examine, compute
and ascertain, what sum of money ought to be raised in the same county
in that year for the payment of such accounts, and for defraying the
public and necessary contingent charges of the same county; and shall
add to the same, all such other sum and sums of money, as are or shall
be imposed or laid on the same county by any law of this State, and to
be raised in that year in the same county, and shall then ﬁx and ascer-
tain by such ways and in such manner as they shall judge to be just and
equitable, what proportion or how much of such whole sum then to be
raised in the same county, ought to be raised and paid by each city,
town and place in the same county; and shall then add, to the sum so
to be raised and paid by each city, town and place in the same county,
the sum to be raised, in that year, by the same city town or place, for the
maintenance and support of the poor of the same city, town or place;
and shall thereupon cause a computation to be made what‘ each pound
of the sum total of the valuation of the estates in each city, town or
place ought to pay off the sum so to be raised in the same city, town or
place, and cause the sum to be paid by each person to be inserted in the
CHAP. 65.] ELEVENTH SESSION. 771
same lists or assessments opposite to his or her name; and shall then Warrants
and before the ﬁrst day of September in every year, transmit the list or 22501190”
assessment of each city, town and place, so compleated to the collector
of the same city, town or place, with a warrant under their hands and
seals thereto annexed, commanding the same collector to collect of and
from all and every the person and persons named in the said list or
assessment, the several and respective sums mentioned and contained in
the last column of the said list or assessment, and opposite to their
respective names; and to pay such'part thereof as shall be raised for the
maintenance and support of the poor of the same city, town or place, to
the overseers of the poor of the same city, town or place, and the resi-
due thereof to the treasurer of the county in which such city, town or
place is situated, on or before the ﬁrst Tuesday of February then next.
And in case any person or persons shall refuse or neglect to pay the Distress
sums, at which his, her or their estate or estates shall be rated or taxed £31,513‘,
as aforesaid, the collector, to whom the same ought to be paid, shall be,
and hereby is authorized and required, to levy the same, by distress and
Sale of the goods and chattels of the person or persons who ought to pay
the same; and if the goods and chattels so distrained shall be sold for
more than the amount of such tax, and the charges of the distress and
sale, the overplus shall be returned to the owner of such goods and
chattels; and that a clause for this purpose shall be inserted in every
such warrant so to be sent to the respective collectors.
Ana’ be 2'2‘ farther erzaez‘ea’ by t/ze aaZ/zorz'zyaforesaz'd, That the person Real es-
in possession of any real estate, at the time any tax is to be collected, gg‘frtax
shall be liable to pay the tax imposed on such real estate; and in case
any other person, by agreement or otherwise, ought to pay such tax, the
possessor, who shall pay the same, shall and may recover the amount
thereof, from the person who ought to have paid the same. A no’ fart/ler,
that where any land, meadow or real estate, is or shall be taxed, and no
goods or chattels shall be found thereon, whereof sufﬁcient distress can
be made for the said tax, then and in every such case, it shall and may
be lawful for the collector who ought to collect the same tax, and he is
hereby authorized and required, to sell, at public vendue, giving at least
six days previous notice of such sale, by advertisement to be put up at
two or more public places in the same town, so much of the timber,
wood or grass, growing or being thereon, as shall be sufﬁcient to pay the
said tax, with the charges of such advertisement and sale; and it shall
and may be lawful to and for the purchaser, his executors, administra-
tors and assigns, at any time within six months after such sale, to enter
upon such lands, meadow or real estate and to cut, take and carry away,
such timber, wood‘ and grass, or in case such grass cannot be cut and
made into hay, then to use the same grass for pasture: Provided always,
that when it shall become necessary to sell timber or wood for the obtain-
ing such tax, six weeks notice in manner aforesaid, shall be given by the
collector. And every such collector is hereby directed and required to
pay, the sum in such warrant directed to be paid to the overseers of the
poor, out of the ﬁrst monies he shall collect and receive. And if any
such collector shall neglect or refuse to pay the same, by the time in
such warrant mentioned, it shall and may be lawful for the overseers of
the poor, to whom the same ought to be paid, or their successors in
ofﬁce, to recover the same, with costs of suit, in any court of record,
against such collector, his heirs, executors or administrators, in an action
of debt, in the name of the “ overseers of the poor” of the city or town,
for which they are or ‘,Shall be chosen; and it shall be sufﬁcient for the
plaintiff to set forth in the declaration, in any such suit, or action, that
~1
.4
NJ
LAWS OF NEW YORK- [CHAP 65.
Clerk of
supervisors
County
treasurer.
such collector, at the time he ought to have paid the said money became
indebted to the overseers of the poor of the city or town mentioned in
such warrant, in the sum thereby directed to be paid to them, by virtue
of an act entitled “An act for defraying the public and necessary charge
in the respective counties of this State,” to be paid to the overseers of
the poor of the city or town aforesaid, when he should be thereunto
required, and to give the special matter in evidence; and .e such suit
or action shall be abated or discontinued, by the death or by the expira-
tion of the ofﬁce of such overseers of‘ the poor, or any or either of them,
but the same shall or may be continued and prosecuted to effect, by the
survivors and successors in ofﬁce of the same overseers. And if any
collector shall neglect or refuse to pay to the county treasurer, the
money directed by any such warrant to be paid to him, by the time
mentioned in such warrant, then and in every such case, the treasurer
of the same county, for the time being, is hereby authorized and required
to issue a warrant under his hand and seal, directed to the sheriff of the
county, commanding him to levy the same, or if a part is paid, so much
as such collector shall be deﬁcient, of the lands and tenements, goods
and chattels, of such collector; and if the lands and tenements, goods
and chattels, of such collector, shall not be sufﬁcient to pay the whole
sum directed to be levied, then to take such collector and conﬁne him
in the common goal of the same county, without bail or mainprise, there
to remain until the deﬁciency shall be paid: And-every sheriff to whom
any such warrant shall be directed and delivered, shall immediately
cause the same to be executed, and shall, within thirty days after receiv-
ing such warrant, make return thereof to the treasurer of the same
county, and pay to him the monies levied by virtue thereof, deducting
for his fees, six pence in the pound upon the sum so levied, and no
more. But in all cases where no goods or chattels can be found,
wheron to levy the tax imposed upon any person mentioned in any such
tax list or assessment, or not sufﬁcient to pay the whole, the collector
shall not be charged with more than he shall or might have levied or
received. And every collector is hereby directed and required to deliver
a true account, upon oath, of all such deﬁciencies to the county treas-
urer, at the time he is or shall be directed to make such payment to such
county treasurer; and if any collector shall neglect or refuse to deliver
such account, such collector shall be accountable for the whole sum by
him to be collected; and the county treasurer shall deliver all such
accounts of deﬁciencies to the supervisors of the same county, at their
next meeting, after he shall have received the same; and each collector
shall have and retain for his service, out of the monies by him collected,
one shilling for every twenty shillings he shall collect, and no more.
Ana’ lze z'z‘ fit/77167’ ezzaez‘ea’ by Z/ze aaz‘lzm'z'zj/ aforesaz'a’, That it shall and
may be lawful for the supervisors of each county respectively to appoint
some suitable and proper person to be their clerk, who shall be called
the clerk of the supervisors of the county for which he shall be appointed,
and shall hold his ofﬁce during the pleasure of the supervisors of the
same county, and shall have such allowance for his services, as the
supervisors of the same county shall, from time to time, think proper to
appoint and allow: And such allowance and the necessary charges of
the supervisors at their respective meetings shall be considered, raised
and levied, as part of the public and necessary contingent charge of
the same county.
Ana’ 5e it further ezzaefea’ a)» tae azzz‘lzarz’z‘y afaresaz‘a', That the super-
visors of each county respectively, shall be, and hereby are authorised
and required to appoint some reputable freeholder of the same county,
CHAP. 65.] ELEVENTH SESSION.
773
to be treasurer of the same county, who shall hold his ofﬁce during the
pleasure of the supervisors of the same county, and shall receive all such
moneys as shall be raised in the same county, for defraying the public
and necessary charge of the same county, or for‘ the use and service of
the government of this State. And all such monies as shall come into
his hands for defraying the public and necessary charges of the same
county, shall be applied and paid by him to such persons and in such
manner as the supervisors of the same county, for the time being, shall
by order entered in their books, or by warrant or warrants under their
hands and seals, from time to time, direct; and all such monies as shall
come into his hands, for the use or service of the government of this
State, shall be paid by him, to the treasurer of this State for the time
being, at such times as shall be directed by the laws, by virtue whereof
the same monies shall be raised or come into the hands of such county
treasurer. And the treasurer of each county shall keep just, true and
distinct accounts, of the receipts, disbursements and payments, of all
monies which shall come into his hands as treasurer of the county, and
enter the same in a book or books to be kept for that purpose, and once
in every year, at the annual meeting of the supervisors of the same
county, or at such other time as they shall direct, shall bring in and
exhibit all such books and accounts and all the vouchers relating to the
same to them, for their examination and audit thereof; and the treas-
urer of each county, and the executors and administrators of such
treasurer, shall be and hereby is and are made liable to an action of
account to the supervisors of the same county, for all monies which
shall come into his hands as treasurer of the same county; and every
such treasurer, and his executors and administrators, shall and may plead
and discharge himself and themselves, in such manner as other receivers
‘or bailiffs may, can or ought to do, by law: And the supervisors of
each county for the time being shall be, and hereby are, impowered to
sue, prosecute and maintain, such actions of account for the use of their
county, in the name of the supervisors of the same county. A/zdfarZ/zer,
that each county treasurer shall have and retain, for his services, three
pence for every twenty shillings which he shall receive and pay, to wit,
one penny half penny for receiving, and one penny half penny for paying.
A 11d oe z'z’furZ/zer enacted oy Z/ze aat/zorz'z‘y aforesaid, That every county
treasurer in each respective county, as soon after he shall be appointed,
as conveniently may be, and before he enter upon the business of his
ofﬁce, shall enter into a bond or obligation, with sufficient security, to
the supervisors of the county of which he is appointed treasurer, in such
sum as the supervisors of the same county, for the time being, shall think
proper and direct, with condition well and faithfully to execute the ofﬁce
of treasurer of the same county, and to pay all such monies as shall
come to his hands, as treasurer of the same county, according to law;
and to render a just and true account thereof to the supervisors of the
same county, when thereunto required. And if any treasurer of any
county shall not comply with the condition of such bond or obligation,
it shall and may be lawful for the supervisors of the same county for the
time being, to commence and prosecute an action or actions of debt on
such bond, in any court of record, in the name of the supervisors of such
county, against the obligors in the same bond, or either of them, or the
heirs, executors, or administrators of all, or any, or either of them. And
all monies recovered upon any such bond or obligation shall be applied
towards defraying the public and necessary charge of the same county,
in such manner as the supervisors of the same county, for the time
being, shall direct,
H
d.
774 LAWS OF NEW YORK. [CHAR 65.
Reassess- And be it furt/zer enacted by tile authority aforesaz‘a, That the super-
555,3‘ visors of each county respectively, shall, yearly and every year, before
ttlxes- they ascertain the amount of the taxes to be raised in the same county
in that year, carefully examine, what sums remain unpaid of taxes
before laid or assessed; and where they ﬁnd any sum or sums of
money on any such tax uncollected, and that the person or persons,
estate or estates, charged with the same, is or are sufﬁcient to pay the
same, they shall issue their warrant OI warrants, under their hands and
seals, to the collectors of the respective cities and towns for the time
being, where such sums remain unpaid, for the collection thereof; and
every collector to whom any such warrant shall be directed, is hereby
authorised and required to levy and collect all such sums in such war-
rant speciﬁed, in the same manner, and under the same penalties, as he
is or shall be authorised and required to levy and collect the taxes for
the public and necessary charge of the same county; and shall pay the
same to the treasurer of the same county, at such time as shall be specié
ﬁed in the same warrant. And if any collector shall neglect his duty
herein, he shall be chargeable with the amount of the monies directed
to be levied and collected; and where the said supervisors shall ﬁnd
that any deﬁciency of any of the said taxes has happened in any city
town or place, by the insolvency or the want of goods and chattels
whereon to levy the said tax, of any person or persons upon whom the
same was charged, or by the’ insolvency of the collector, or otherwise,
they shall add such deﬁciency to, and cause the same to be raised with
and as part of the tax to be laid on the same city, town or place. And
in every such case the county treasurer shall credit and apply the ﬁrst
moneys he shall receive on such tax, from such city, town or place, to
the payment and discharge of such deﬁciency.
County And be it fart/lei’ enacted by t/ce azct/zority aforesaid, That upon the
2.2665853? death, resignation or removal from ofﬁce, of any county treasurer, all
the books and papers belonging to the same ofﬁce, shall be delivered to
his successor in ofﬁce, upon the oath of the preceding treasurer. or in
case of his death, upon the oath of his executors or administrators; and
if any such preceeding treasurer, or his executors or administrators, shall
refuse or neglect to deliver the same, upon oath as aforesaid, being law-
fully demanded, every such person shall forfeit and pay, for every such
refusal or neglect, the sum of ﬁve hundred pounds, to be recovered with
costs of suit, by the supervisors of the same county for the time being,
for the use of the same county, in the name of the supervisors of such
county, by action of debt, bill, plaint or information, in any court of
record; and in every such action, suit or information, it shall be sufﬁ-
cient for the plaintiffs to set forth, that the defendant, on the day such
demand was made, became indebted to the supervisors of such county
in the sum of ﬁve hundred pounds, as a forfeiture for refusing and neg-
lecting to deliver up the books and papers belonging to the ofﬁce of
treasurer of such county, according to the form of an act entitled “An
act for defraying the public and necessary charge in the respective
counties of this State,” to be paid to the supervisors of the same county
for the time being, when he should be thereunto required, and to give
the special matter in evidence.
Majorityof And be it fart/zer enacted by tile azct/zority aforesaid, That the major
ittgifgﬁgfs part of the supervisors of any county being met together, at their annual
g‘ieting meeting, or at any other meeting of the supervisors of the same county,
act. - -
shall be deemed a legal meeting of the supervisors of the same county,
and it shall and may be lawful for such major part of them so met
together, and they shall be and hereby are authorized and required to
,CHAP. 65.] ELEVENTH SESSION.
775
do, execute and perform all and every matter and thing, which the
supervisors of the same county are by this act authorised or required
to do, execute and perform, as fully in every respect, as if all the super_
visors of the same county had attended at such meeting; and all ques-
tions which may arise at any such meeting shall be determined accord-
ing to the‘ judgment and opinion of the major part of the supervisors
attending at such meeting. Arid fzirz‘ber, that no action or suit to be
commenced or prosecuted by the supervisors of any county, by virtue
or in pursuance of this act, shall be abated or discontinued, by the
death or the expiration of the ofﬁce of such supervisors, or any or
either of them, but shall and may be continued and prosecuted to effect,
by the survivors and successors in ofﬁce of the same surpervisors.
And be it fzirZ/zer enacted by Me aaZ/zorizy aforesaid, That every
county treasurer, shall yearly, on or before the ﬁrst day of March in
every year, pay to the treasurer of this State all such monies as he shall
have received for taxes imposed on such county, for the use or service
of the government of this State, and deliver to the treasurer of this State,
an account, on oath, of all such warrants as he shall have issued against
any collector or collectors, and for what sums; and in case any county
treasurer shall not pay the monies by him received as aforesaid, by the
time aforesaid, or shall not deliver such accounts, on oath, to the treas-
urer of this State as aforesaid, or shall not, in case of default of any
collector, issue his warrant as aforesaid, then and in every such case, ti
shall and may be lawful for the treasurer of this State for the time being
and he is hereby authorised directed and required, to proceed against
such county treasurer, in like as the county treasurers are by this act
authorised and required to proceed against delinquent collectors.
And be it farZ/ier marred by file aaz‘borizfy aforesaid, That if any super-
visor or supervisors shall neglect or refuse to perform any of the duties
required of him or them by this act, every supervisor so neglecting or
refusing, shall, for every such offence, forfeit to the people of this State,
the sum of one hundred pounds, to be recovered, with costs, in any
court of record, by action of debt, bill, plaint or information, by the
treasurer of this State, by and in the name of the treasurer of the State
of New York; and in every such action, suit or information, it Shall be
sufﬁcient for the plaintiff to set forth that the defendant at a certain
time and place became indebted to the treasurer of the State of New
York, in the sum of one hundred pounds, as a forfeiture incurred, for
refusing and neglecting to perform the duties required of him by virtue
of an act entitled “An act for defraying of the public and necessary
charge in the respective counties of this State” to be paid to the treas-
urer of the State of New York, for the time being, when he should be
thereunto required, and to give the special matter in evidence. And
no such action, suit or information, shall be abated or discontinued, by
the death of the treasurer, or by his resignation or removal from ofﬁce;
but shall and may be continued and prosecuted to effect, by his succes-
sor in ofﬁce. All which penalties when recovered shall remain in the
treasury of this State subject to the order of the legislature.
A red be itfarz‘lzer erzaefed by t/ze azif/zorizy aforesaid, That this act shall
not extend to the city and county of New York.
And be it fart/ler enaez‘ed by [be aaZ/zoriz‘y aforesaid, That this act shall
take effect and be in force from and after the ﬁrst day of April which
will be in the year of our Lord one thousand seven hundred and eighty
nine.
Payment
to State
treasurer:
Penalty for
neglect by
supervisors
New York
city ex-
empted.
When act
to take
effect.
-~1
\‘l
O?
LAWS OF NEW YORK. [CHAR 67_
Preamble.
Change of
name of
Trinity
church,
New York.
Assess-
ment of
taxes, New
York city.
CHAP, 66.
AN ACT to enable the corporation of Trinity church in the city
of New York to assume the name therein mentioned.
PASSED the 10th of March. 1788.
WHEREAS the corporation of Trinity church in the city of New York,
were by an act of the legislature of the late Colony of New York, passed
the twenty seventh day of june, in the year one thousand seven hun-
dred and four, enabled to sue and be sued, plead and be impleaded,
answer and be answered unto, defend and be defended, by the name of
“ the rector and inhabitants of the city of New York, in communion of
the Church of England as by law established;” ana’ whereas the said
act was repealed by the legislature of this State, on the seventeenth day
of April, in the year one thousand seven hundred and eighty four, but
the said corporation have continued to use the name therein speciﬁed;
and by their humble petition to the legislature of this State, have prayed
that they might be enabled to assume and use the name of “The Rector
and Inhabitants of the City of New York, in Communion of the Pro-
testant Episcopal Church in the State of New York.”
Therefore, be it e/zaetea’ by the Peat/e of the State of New Yorh, rep-
rese/ztea7 2'12 Senate aha7 Assembly, and it is hereby e/zaetea’ by the authority
of the same, That the said corporation shall and may, from and imme-
diately after the passing of this act, take and use the name of the Rector
and inhabitants of the city of New York, in communion of the Protest-
ant Episcopal church in the State of New York, and by the same name
shall be capable to sue and be sued, plead and be impleaded, answer and
be answered unto, defend and be defended; and that all grants, deeds
and conveyances made to or by the said corporation, between the said
seventeenth day of April, in the year one thousand seven hundred and
eighty four, and the passing of this act, wherein they are named or
mentioned, by the name of the Rector and Inhabitants of the city of
New York, in communion of the Church of England as by law estab-
lished, or any other name or names, shall be good, valid and effectual
in the law, in like manner as they would have been, if the said act passed
the twenty seventh day of june in the year one thousand seven hundred
and four, had never been repealed, or as they would respectively have
been, if the said corporation had been properly named in such grants,
deeds, or conveyances.
CHAP. 67.
AN ACT for the more. effectual collection of taxes, in the city
and county of New York.
PASSED the nth of March, I788.
Be it elzaetea’ by the People of the State of New Yorh, represented in
Senate and Assembly, aha’ it is hereby e/zaetea’ by the authority of the same,
That the assessors of each respective ward in the city of New York,
shall yearly, between the ﬁfteenth day of May and the ﬁrst day of july
in every year, proceed to inquire into the value of the real and personal
estate, of every freeholder, inhabitant and resident within the ward,
CHAP. 67.] ELEVENTH SESSION.
-1
~1
-4
whereof they are assessors, and shall make out a true and exact list of
the names of all the freeholders, inhabitants and residents, of the respect-
ive wards, for which they are or shall be chosen assessors, and of such
who have estates therein and do not reside there; and opposite to the
name of every such person, shall set down the real value of all his or
her whole estate, real and personal, in the same ward, as near as they
can discover the same; and shall set down the value of the real estate
of each person as aforesaid in one column, and the value of the per-
sonal estate of each person as aforesaid, in another column of the same
list or assessment, leaving room sufﬁcient opposite thereto, to insert the
sum each person is to pay; and shall complete and deh'ver the same
list or assessment, signed by such assessors, to the mayor, recorder and
aldermen of the said city, or in the clerks ofﬁce of the said city, on or
before the ﬁrst Monday Tuly, yearly and every year; and if any
assessor shall refuse or neglect to perform the duty hereby required of
him, every assessor so refusing or neglecting, shall forfeit and pay, for
every such offence, the sum of twenty ﬁve pounds, to be sued for and
recovered with costs of suit, for the use of the city and county of New
York, in any court of record, by action of debt, bill or plaint, by and in
the name of the treasurer or chamberlain of the said city: And in
every such action or suit it shall be sufﬁcient for the plaintiff to set
forth, that the defendant at a certain time and place, became indebted
to the treasurer or chamberlain of the said city in the said sum of
twenty ﬁve pounds, as a forfeiture incurred for refusing and neglecting
to perform the duty required of him by virtue of an act, entitled “ An
act for the more effectual collection of taxes in the city and county of
New York,” to be paid to the treasurer or chamberlain of the said city,
when he should be thereunto required, and to give the special matter in
evidence. And no such action or suit shall be abated or discontinued,
by the death of the treasurer or chamberlain of the said city, or by his
resignation or removal from ofﬁce; but shall and may be continued and
prosecuted to effect, by his successor in ofﬁce. And all such penalties,
when recovered shall be applied to the use of the said city and county,
in the manner herein after mentioned.
And be it fz/rZ/zer eizaez‘ed by z‘be aaZ/zorz'zj/ aforesaid, That the mayor,
recorder and aldermen of the said city, shall yearly, on the second Tues-
day in July, in every year, meet together at the city-hall of the said city,
and at such other times and places, as they shall ﬁnd and judge neces-
sary and convenient; and examine, compute and ascertain what sum
and sums of money is or are imposed or laid on the same city and
county, by any law or laws of this State, and to be raised in that year
in the same city and county, for the maintenance of the poor, and for
defraying the other contingent expences arising in the said city and
county, or for any other purposes in the said city and county, or for the
use or service of the government of this State; and shall then ﬁx and
ascertain, by such ways and in such manner as they shall judge to be
Just and equitable, what proportion or how much, of such whole sum
then to be raised in the same city and county ought to be raised and
paid, by each ward in the same city; and shall thereupon cause a com-
putation to be made, what each pound, of the sum total of the valuation
of the estates in each ward ought to pay, of the sum so to be raised in the
‘same ward, and cause the sum to be paid by each person to be inserted
in the same list or assessment, opposite to his or her name; and shall,
immediately after the fourteenth day of October in every year, cause
the list or assessment of each ward, so compleated to be delivered to the
collector of the same ward, with a warrant under their hands and seals
VoL. 2. —— 98
Mayor, re-
corder and
aldermen
to direct
levy of
taxes.
778
LAWS OF NEW YORK. [CHAP. 67-
Collection
of taxes.
Proceed-
ings to
compel
payment
by col-
lect or.
thereto annexed, commanding the same collector, to collect of and from
all and every the person and persons named in the said list or assess~
ment, the several and respective sums mentioned and contained in the
last column of the said list or assessment, and opposite to their respec-
tive names, and to pay the monies which shall by virtue of such warrant
be raised in such respective ward, to the treasurer or chamberlain of
the said city, on or before the third Tuesday in February then next.
And in case any person or persons shall refuse or neglect to pay the
sums at which his, her or their estate or estates shall be rated or taxed
as aforesaid, the collector, to whom the same ought to be paid, shall be
and hereby isaauthorised and required, to levy the same, by distress and
sale of the goods and chattels of the person or persons who ought to pay
the same: And if the goods and chattels so distrained shall be sold for
more than the amount of such tax, and the charges of the distress and
sale; the overplus shall be returned to the owner of such goods and
chattels; and that a clause for this purpose shall be inserted in every
such warrant, so to be delivered to the respective collectors.
And be it fnrt/zer enacted by t/ze ant/zority aforesaid, That the person or
persons in possession of any house or other real estate, at the time any
tax is to be collected, shall be liable to pay the tax on such house, or
other real estate; and in case of non payment of such tax, by the per-
son or persons in possession of such house or other real estate, and in
case of want of sufﬁcient goods and chattels on the premisses, whereof
the same can be levied by distress, as aforesaid, that then it shall and
may be lawful to and for such collector to require and demand the said
tax, of and from the person who shall be named in such list or assess-
ment, as the owner or proprietor of such house or other real estate, in
whatsoever ward of the said city, he or she may reside; and in case of
non payment thereof, to levy the same by distress and sale of the goods
and chattels of such owner, rendering the overplus, if any there be, after
deducting such tax and the charges of such distress and sale, to the
owner thereof. And in case any other person than the person paying
such tax, by agreement or otherwise, ought to pay such tax, the posses-
sor or other person, who shall pay the same, shall and may retain or
recover the amount thereof, from the person who ought to have paid the
same.
And be it fart/cer enacted by tile ant/zorizy aforesaid, That if the collec-
tor of any ward in the said city shall neglect or refuse to pay the monies
by such warrant directed to be by him collected and paid, by the time
in such warrant mentioned, then and in every such case the treasurer
or chamberlain of the said city, for the time being, is hereby authorised
and required, to issue a warrant under his hand and seal, directed to the
sheriff of the said city and county, commanding him to levy the same,
or if a part is paid, so much as such collector shall be deﬁcient, of the
goods and chattels, lands and tenements of such collector; and if the
goods and chattels, lands and tenements of such collector, shall not be
sufﬁcient to pay the whole sum directed to be levied, then to take such
collector and conﬁne him in the common gaol of the said city and
county, without bail or mainprise, there to remain until such tax or_ the
deﬁciency thereof shall be paid: And every sheriff to whom any such
warrant shall be directed and delivered shall immediately cause the same
to be executed, and shall, within thirty days after receiving such war-
rant, make return thereof to the treasurer or chamberlain of the said
city, and pay to him the monies levied by virtue thereof, deducting for
his fees, six pence in the pound upon the sum so levied, and no more.
But in all cases where no goods or chattels can be found, whereon to
CHAP. 67.] ELEVENTH SESSION.
79
levy the tax imposed upon any person mentioned in any such tax list or
assessment, or not sufﬁcient to pay the whole, the collector shall not be
charged with more than he shall or might have levied or received. And
every collector is hereby directed and required to deliver a true account,
upon oath, of all such deﬁciencies to the treasurer or chamberlain of the
said city, at the time he is or shall be directed to make such payment to
the said treasurer or chamberlain; and if any collector shall neglect or
refuse to deliver such account, such collector shall be accountable for
the whole sum by him to be collected; and the treasurer or chamber-
lain shall deliver all such accounts of deﬁciencies to the mayor recor-
der and aldermen of the said city, at their next meeting, after he shall
have received the same, or into the clerks ofﬁce of the same city: And
each collector shall have and retain for his service, out of the monies by
“M six pence for every twenty shillings he shall collect, and
i-AA
LibbLCU,
_I'\IYT'\ r\r\
Lilli]. LU
no more.
And be itfart/zer e/zaez‘ed by Z/ze aziZ/zorizy aforesaid, That the treasurer
or chamberlain of the said city for the time being, shall receive all such
monies as shall be raised in the same city and county for the maintain-
ance of the poor, and for defraying the other contingent expences in the
said city and county, or for any other purposes in the said city and
county, or for the use or service of the government of this State. And
all such monies as shall come into his hands for the maintenance of the
poor, and for defraying the other contingent expences in the said city
and county, or for any other purposes in the said city and county, shall
be disposed of in manner herein after mentioned. And all such monies
as shall come into his hands, for the use or service of the government of
this State, shall be paid by him, to the treasurer of this State, for the
time being, at such times as Shall be directed by the laws, by virtue
whereof the same monies shall be raised or come into the hands of the
treasurer or chamberlain of the said city. And the said treasurer or
chamberlain, shall keep just, true and distinct accounts, of the receipts,
disbursements and payments, of all monies which shall come into his
hands, as treasurer and chamberlain of the said city, by virtue of any
law of this State, and enter the same in a book or books to be kept for
that purpose; and once in every year, between the twenty ninth day of
September, and the fourteenth day of October in every year, and at such
other times and places, as the said mayor, recorder and aldermen shall
direct, shall bring in and exhibit all such books and accounts, and all
the vouchers relating thereto, to them for their examination and audit
thereof. Aizdfarz‘ber, the treasurer or chamberlain of the said city for
the time being, and the executors and administrators of such treasurer
or chamberlain, shall be, and hereby is and are, made liable to an action
of account, to the mayor aldermen and commonalty of the city of New
York, for all monies which shall come into his hands as treasurer or
chamberlain of the said city. And every such treasurer, and his execu-
tors and administrators, shall and may plead and discharge himself and
themselves, in such manner as other receivers or bailiffs, may, can or
ought to do, by law: And the mayor, aldermen and commonalty of the
said city, shall be, and hereby are impowered to sue, prosecute and
maintain such actions of account, for the use of the city and county of
New York. And farl/zer, every treasurer or chamberlain of the said
city, for the time being, shall have and retain, for his services, two pence
for every twenty shillings he shall receive and pay, to wit, one penny for
receiving, and one penny for paying.
And be iz‘ fartber eizaez‘ed by i/ze azez‘lzorizy aforesaid, That every treas
urer or chamberlain of the said city for the time being, as soon after he
Treasurer,
how mon—
eys to be
applied by.
Bond to be
given by
treasurer.
780
LAWS OF NEW YORK. [CHAP. 67.
Arrears of
taxes,
reassess-
ment of.
Vacancy in
oﬁice of
treasurer.
shall be appointed as conveniently may be, and before he enter upon
the business of his ofﬁce, shall enter into a bond, or obligation with
sufficient sureties, to the mayor, aldermen and commonalty of the city
of New York, in such sum as the mayor, recorder and aldermen for the
time being shall think proper and direct; with condition well and faith-
fully to execute the ofﬁce of treasurer or chamberlain of the same city,
and to pay all such monies as shall come into his hands as treasurer or
chamberlain of the said city, by virtue of any law of this State, accord-
ing to law; and to render a just and true account thereof, to the mayor,
recorder and aldermen of the said city when thereunto required. And
if any treasurer or chamberlain of the said city, shall not comply with
the condition of such bond or obligation, it shall and may be lawful for
the mayor, aldermen and commonalty of the said city, to commence and
prosecute, an action or actions of debt, on such bond, in any court of
record, against the obligors in the same bond, or any, or either of them,
or the heirs, executors or administrators, of all, or any, or either of them.
And all monies recovered upon any such bond or obligation, shall be
applied towards the defraying the contingent expences of the said city
and county, in manner hereafter mentioned.
Ana’ be it farther e/zaetea’ by the authority aforesaid, That the mayor,
recorder and aldermen of the said city for the time being, shall yearly
and every year, before they ascertain the amount of the taxes to be
raised in the same city and county, in that year, carefully examine, what
sums remain unpaid of taxes before laid or assessed; and where they
ﬁnd any sum or sums of money on any tax uncollected, and that the
person or persons, estate or estates charged with the same, is or are
sufﬁcient to pay the same, they shall issue their warrant or warrants,
under their hands and seals, to the collectors of their respective wards,
for the time being, where such sums remain unpaid, for the collection
thereof: And every collector to whom any such warrant shall be
directed, is hereby authorized and required to levy and collect all such
sums in such warrant speciﬁed, in the same manner and under the same
penalties, as in this act are above directed and provided with respect to
other taxes; and shall pay the same to the treasurer or chamberlain of
the said city, at such time as shall be speciﬁed in the same warrant.
And if any collector shall neglect his duty herein, he shall be charge-
able with the amount of the monies directed to be levied and collected
by him: And where the said mayor, recorder and aldermen shall ﬁnd,
that the deﬁciency of any taxes has happened in any ward, by the insol-
vency, or the want of goods and chattels, whereon to levy the said tax,
of any person or persons upon whom the same was charged, or by the
insolvency of the collector, or otherwise, they shall add such deﬁciency
to, and cause the same to be raised with, and as part of the tax to be
laid on the same ward: And in every such case the treasurer or cham-
berlain of the said city for the time being, shall credit and apply the
ﬁrst monies he shall receive on such tax, from such ward, to the pay-
ment and discharge of such deﬁciency.
And be it further enacted by the authority aforesaia’, That upon the
death, resignation or removal from ofﬁce, of the treasurer or chamber-
lain of the said city, for the time being, all the books and papers belong—
ing to the same ofﬁce, shall be delivered to his successor in ofﬁce, upon
the oath of the preceding treasurer or chamberlain, or in case of his
death, upon the oath of his executors, or administrators; and if any such
preceding treasurer, or his executors or administrators shall refuse or
neglect to deliver the same, upon oath, as aforesaid, being lawfully
demanded, every such person shall forfeit and pay, for every such refusal
CHAP. 67.] ELEVENTH SESSION.
781
or neglect, the sum of ﬁve hundred pounds, to be recovered, with costs
of suit, by and in the name of the mayor, aldermen and commonalty of
the said city, for the use of the said city and county of New York, by
action of debt, bill or plaint, in any court of record; and in every such
action or suit it shall be sufﬁcient for the plaintiff to set forth, that the
defendant on the day such demand was made, became indebted to the
mayor, aldermen and commonalty of the said city, in the sum of ﬁve
hundred pounds, as a forfeiture for refusing and neglecting to deliver up
the books and papers belonging to the ofﬁce of treasurer or chamberlain
of the city of New York, according to the form of an act entitled, “An
act for the more effectual collection of taxes in the city and county of
New York,” to be paid to the mayor, aldermen and commonalty of the
said city, when he should be thereunto required, and to give the special
matter in evidence.
And be it further enacted by l/ze azd/zorizj/ aforesaid, That it shall and
may be lawful for the mayor, recorder and aldermen of the said city, for
the time being, or any ﬁve or more of them, (of whom the mayor or
recorder always to be one) to do execute and perform all and every act,
matter and thing, which the mayor, recorder and aldermen of the said
city, for the time being, are by this act authorized or required to do,
execute and perform; and all questions which may arise at any meeting,
shall be determined according to the judgment and opinion of the major
part of them the said mayor, recorder and aldermen of the said city,
attending at such meeting.
Azzd be if fzcrf/zer enacted by ﬁle azcz‘lzoriz‘y aforesaid, That the treas—
urer or chamberlain of the said city, shall yearly, on or before the ﬁrst
day of March in every year, pay to the treasurer of this State, all such
monies as he shall have received for taxes imposed on the city and
county of New York, for the use or service of the government of this
State; and also deliver to the treasurer of this State, an account on oath,
of all such warrants, as he shall have issued against any collector or col-
lectors, and for what sums: And in case such treasurer or chamberlain
shall not pay the monies by him received as aforesaid, by the time afore-
said, or shall not deliver such account, on oath, to the treasurer of this
State, as aforesaid, or shall not, in case of default of any collector, issue
his warrant as aforesaid, then and in every such case, it shall and may
be lawful for the treasurer of this State, for the time time being, and he
is hereby authorized, directed and required, to proceed against such
treasurer or chamberlain of the said city, in like manner as the said
treasurer or chamberlain is, in and by this act, authorized and required,
to proceed against delinquent collectors. -
And be it further enacted by Me az/Z/zorz'i‘y aforesaid, That if the mayor,
recorder or any alderman of the said city, for the time being, shall neg-
lect or refuse to perform any of the duties required of him by this act,
every person so neglecting or refusing, shall, for every such offence,
forfeit to the people of this State, the sum of one hundred pounds, to
be recovered, with costs, in any court of record, by action of debt, bill
or plaint, by the treasurer of this State, by and in the name of the treas—
urer of the State of New York; and in every such action or suit it shall
be sufﬁcient for the plaintiff to set forth, that the defendant, at a certain
time and place, became indebted to the treasurer of the State of New
York, in the sum of one hundred pounds, as a forfeiture incurred for
refusing and neglecting to perform the duties required of him, by virtue
of an act, entitled, “An act for the more effectual collection of taxes in
the city and county of New York,” to be paid to the treasurer of the
State of New York, for the time being, when he should be thereunto
Majority of
aldermen
may act.
Payments
of State
tax .
Penalty for
neglect of
of'ﬁcial
duties.
782
LAWS OF NEW YORK. [CHAR 68.
Applica-
tion of
moneys
received
into city
treasury.
Accounts
of treas-
urer, pub-
lication of.
Tax levy of
1788 in New
York city A
required, and to give the special matter in evidence. And no such
action, suit or information, shall be abated or discontinued, by the death
of the treasurer, or by his resignation or removal from ofﬁce; but shall
and may be continued and prosecuted to effect, by his successor in
ofﬁce. All which penalties last mentioned, when recovered, shall remain
the treasury of this State, subject to the order of the legislature.
And be it fart/ter enacted by tice aatborizy aforesaid, That all such
monies as shall come into the hands of the treasurer or chamberlain of
the said city, for the time being, for the maintenance of the poor, and
for defraying the other contingent expences in the city and county of
New York, or for any other purposes in the said city and county, or for
any penalties or forfeitures incurred by virtue of this act, and appropri-
ated hereby to the use of the said city and county, shall be applied or
paid by him, to such persons and in such manner, as the mayor, alder-
men and commonalty of the said city, in common council convened,
by warrant under the hand of the mayor or recorder of the said city,
for the time being, presiding in such common council, shall from time
to time direct and appoint.
And be it fart/cer enacted by t/ze ant/zority aforesaid, That the treas-
urer or chamberlain of the said city, for the time being, shall yearly, on
the first Monday in November in every year, publish a state of all mon-
ies received by him for the use of the said city and county as aforesaid,
and of the sums and purposes mentioned in each warrant drawn upon
him as aforesaid, in one or more of the public newspapers printed in the
said city of New York.
CHAP. 68.
AN ACT to enable the mayor, recorder and aldermen of the city
of New York to order the raising monies by tax for the main-
tenance of the poor, and for defraying the other contingent
expences arising in the city and county of New York.
PAssED the nth of March, 1788.
Be it enacted by the People of tbe State of New York, represented in
Senate and Assembly, and it is bereby enacted by t/ze authority of tile sanze,
That the mayor, recorder and aldermen of the city of New York, or the
major part of them, (of whom the mayor or recorder to be one) shall be,
and hereby are, fully authorised and empowered, as soon as conven-
iently may be after the passing of this act, to order the raising the sum
of six thousand pounds by a tax, on the estates real and personal of the
freeholders and inhabitants within the city and county of New York, to
be applied to the support and maintenance of the poor of the said city
and county, the Bridewell, and the criminals from time to time confined
in the prison of the said city and county, and to the repairing and
maintaining the public roads and cleaning and improving the streets
within the said city and county; and also a further sum of four thou-
sand pounds, by a tax on the estates real and personal of the freehold-
ers and inhabitants within the said city, on the south side of aline
beginning at the outlet of the meadow of Leonard Lispenard Esquire,
into Hudsons river; thence to and along the north side of the dwelling
house of Nicholas Bayard Esquire; thence to and along north side of
the dwelling house of Morgan Lewis Esquire, and thence to and along
the north side of the dwelling house of Abraham Cannon, to the East
cHAP. 69.] ELEVENTH SESSION. 783
river, to be applied to the payment of so many watchmen, as the mayor
aldermen and commonality of the said city, in common council convened,
shall think necessary for guarding the said city; and also the purchas-
ing of oil, providing lamps and repairing and attending the lamps,
which now are or hereafter may be erected within the said city; which
said several sums above mentioned, shall be rated and assessed, accord-
ing to the estate of each respective person so to be taxed, and collected
in one payment, and paid into the hands of the treasurer and chamber-
lain of the said city, at such.time as the said mayor, recorder and alder-
men, or the major part of them, shall direct and appoint.
And be it fart/ler enacted by the auz‘lzoriz‘y aforesaid, That if the said Manner of
mayor, recorder and aldermen, shall ﬁnd any deﬁciency in any ward of levymgtax
any of the monies directed to be raised by the law entitled, “An act to
enable the mayor; recorder and aldermen of the city of New York to
order the raising monies by tax, for the maintenance of the poor, and
for defraying the other contingent expences arising in the same city and
county and for other purposes,” passed the twenty sixth day of March
in the year one thousand seven hundred and eighty seven, shall have
happened by the insolvency, or the want of goods and chattels whereon
to levy the said tax, of any person or persons in such ward, on whom
the same was assessed, they shall add such deﬁciency to the tax by this
act directed to be raised, and lay the same upon such ward.
And be it farZ/zer enaeled by z‘lze auZ/zoriz‘y aforesaid, That it shall and Fees of
may be lawful for the collectors in the several wards of the said city to 223335211?’
retain in their own hands the sum of six pence in the pound, and no lectors-
more, for their trouble in collecting and paying the monies by this act
directed to be raised, to the treasurer or chamberlain of the said city.
And fart/ler, that it shall and may be lawful for the treasurer or cham-
berlain of the same city, to retain in his own hands the sum of two
pence in the pound, and no more, for his trouble in receiving and pay-
ing out the monies aforesaid.
CHAP. 69.
AN ACT for building a gaol, and repairing the court house in
the city and county of Albany
PASSED the nth of March, 1788.
WHEREAS the court house and gaol in the city and county of Albany, preamble,
has by experience been found inadequate to the custody of prisoners
there commited.
Be ii‘ enaeted by the People of ﬁle State of New York, represented in Tax levy in
Senate and Assembly, and i2‘ is hereby enacted by the aat/zoriz‘y of tbe same, 533%?’ for
That the supervisors of the said city and county of Albany, for the time house and
being, shall be, and they are hereby authorised and required, to direct Jan‘
to be raised and levied, on the freeholders and inhabitants of the said
city and county, the sum of two thousand pounds, for building a gaol,
and repairing the court house in the said city and county, with an addi-
tional sum of nine pence in the pound, for collecting the same: which
said sums shall be raised, levied and collected, at the same time, and in
like manner, as the other necessary and contingent charges of the said
city and county, are levied and collected.
A 12a’ be it farther enaez‘ed by t/ze aaZ/zoriijv aforesaid, That the one half Time of
part of the sa1d sum of two thousand pounds, shall be collected and paid payment‘
LAWS OF NEW YORK. [CHAR 70.
Jail, where
to be built.
Commis—
sioners to
erect.
Tax levy in
Albany for
watchmen.
into the treasury of the said city and county, on or before the ﬁrst day
of November next, and the other half part thereof on or before the ﬁrst
day of November one thousand seven hundred and eighty nine.
And be it farther euaeted by the authority aforesaid, That the said
gaol, for the said city and county of Albany, shall be built on such lot
of ground or place in the said city of Albany, as the persons herein after
named, together with the mayor, aldermen and commonalty of the said
city, or the majority of them, shall direct.
A 11d be it further euaeted by the authority aforesaid, That it shall and
may be lawful for Philip Schuyler, Araham Ten Broeck, Tunis Ts. Van
Vechten, Leonard Bronck, john Van Renselaer, john Younglove, james
Gordon, Stephen Van Renselaer, and Abraham Oothoudt Esquires,
and the mayor and recorder of the said city for the time being, or
a majority of them, and it is hereby made the duty of the said Philip
Schuyler, Abraham Ten Broeck, Tunis Ts. Van Vechten, Leonard
Bronck, john Van Renselaer, john Younglove, james Gordon, Stephen
Van Renselaer, and Abraham Oothoudt Esquires, and the mayor and
recorder of the said city for the time being, to superintend and direct
the building and erecting the said gaol, and repairing the said court
house, in the said city and county, by virtue of this act, in such man-
ner as shall appear to them to be most eligible, consistent with good
oeconomy and the interest of the said city and county. And that the
said Philip Schuyler, Abraham Ten Broeck, Tunis Ts. Van Vechten,
Leonard Bronck, john Van Renselaer john Younglove, james Gordon,
Stephen Van Renselaer, Abraham Oothoudt, and the mayor and recorder
of the said city for the time being, or a majority of them, shall and may
contract with workmen, purchase materials, and employ an overseer or
overseers of such workmen, and from time to time, draw upon the treas-
urer of the said city and county, for such sums of money, for the pur-
poses aforesaid, as shall come into the said treasury by virtue of this
act. And the said treasurer is hereby required, out of the monies afore-
said, to pay to the order of the said Philip Schuyler, Abraham Ten
Broeck, Tunis Ts. Van Vechten, Leonard Bronk, john Van Renselaer,
john Younglove, james Gordon, Stephen Van Renselaer, Abraham
Oothout, and the mayor and recorder of the said city, for the time being,
or a majority of them, the several sums of money to be by them drawn
for. And it is hereby made the duty of the said Philip Schuyler,
Abraham Ten Broeck Tunis Ts. Van Vechten, Leonard Bronck, john
Van Renselaer, john Younglove, james Gordon, Stephen Van Rense»
laer, Abraham Oothoudt, and the mayor and recorder of the said city,
for the time being, to account with the supervisors of the said city and
county, for the monies by them to be received and expended for the
pnrposes aforesaid, when thereunto required.
CHAPQ 70.
AN ACT to enable the mayor, aldermen and commonalty of the
city of Albany, in common council convened, to order the rais-
ing monies by tax, for the purposes therein mentioned.
PASSED the 11th of March, 1788.
Be it enacted by the People of the State of New Y orh, represented in
Senate and Assembly, and it is hereby erzaetea’ by the authority of the same,
That the mayor, aldermen and commonalty of the city of Albany, in
can». 71.] ELEVENTH SESSION. 785
common council convened, shall be, and hereby are, fully empowered
and authorized, as soon as conveniently may be after the passing of this
act, to order the raising a sum not exceeding ﬁve hundred pounds, by a
tax on the estates real and personal, of all and every the freeholders
and inhabitants within the said city, within half a mile of Hudson’s
river, and on the north side of a west line drawn from Hudson’s river,
at the north east corner of a tract of land commonly called the Dutch
Church pasture, to be applied to the payment of so many watchmen, as
the mayor, aldermen and commonalty of the said city of Albany, shall
think necessary for guarding the said city, and for such other purposes
as tr them shall appear necessary; which said sum above mentioned,
shall be rated and assessed by the assessors of the said city, for the time
being, and levied and collected in the same manner as hath heretofore
been accustomed within the said city, for levying and collecting the tax
for the maintenance of the poor, and other contingent charges within
the said'city; and that the tax shall be paid into the hands of the
treasurer or chamberlain of the said city for the time being, to be
applied and disposed of, from time ‘to time, in such manner and pro-
portions, for the purposes mentioned in this act, as the mayor, aldermen
and commonalty of the said city, in common council convened, shall
direct and appoint.
CHAP. 71.
AN ACT to prevent ﬁring the woods.
PASSED the 12th of March, 1788.
Be it enacted by z‘lze People of Z/ze Sz‘az‘e of JVew Yor/e, represe/zz‘ed in Firing of
Senate and Assembly and if is bereby enacted by i/ce anZ/zorizj/ of f/ze sa/ne, ,‘Qf’ﬁis,
That if any person or persons shall set ﬁre to the woods in any part of for.
this State, he, she or they, shall forfeit and pay the sum of ten pounds,
to be recovered, with costs of suit, in any court having cognizance
thereof, by any person or persons who will sue and prosecute for the
same; the one moiety of which forfeiture, when recovered, shall be paid‘
to the overseers of the poor of the town or place where the offence shall
have been committed, for the use of the poor thereof; and the other
moiety to the person or persons who will sue and prosecute for the same
to effect as aforesaid. And such offender or offenders shall moreover
be liable to all such damages as any person or persons shall sustain by
such ﬁring the woods as aforesaid.
Provided always, and be it fur/ber enacted by ﬁre anZ/zorizy aforesaid, Persons _
That nothing in this act contained shall be construed to hinder or pre-
vent any person or persons from ﬁring his, her or their own woods: But
if he, she or they do suffer such ﬁre to extend beyond his, her or their
own woods, he, she or they shall be subject to the penalty and forfeiture
aforesaid, besides being answerable for the damages.
And be it fnrz‘ber enacted by Z/ze azcl/zorii‘y aforesaid, That when the Proceed-
woods in any town within this State shall be on ﬁre, the justices of the peace, the supervisor, the commissioners of the high-ways, and the ﬁre-
ofﬁcers of the militia (not under the rank of captain) residing in such
town, shall and they are hereby severally authorised and required, to
order such and so many of the inhabitants of such town, liable to work
on the highways, and who shall reside within the vicinity of the place,
where such ﬁre shall be, as they shall severally deem necessary, to
VOL. 2. —-~ 99
LAWS OF NEW YORK. [CI-IAP. 72.
Former
acts re-
pealed.
Preamble.
Section
nine re-
pealed.
Omissions
from mam~
test.
.of.
repair to the place where such ﬁre shall prevail, and there to assist in
extinguishing or stopping the progress of the same; and if any person so
ordered to repair to, and assist in manner aforesaid, shall refuse or
neglect to comply with such order, every person so disobeying such
order, shall forfeit and pay the sum of four shillings, for every day he
shall _so neglect or refuse to obey, to be recovered in a summary way,
with costs, before any justice of' the peace resident in such town, and
the oath of the person having given such order, shall be sufﬁcient evi-
dence whereon to convict any delinquent, and the forfeiture so recovered
shall vbe applied, as a reward to such person or persons as the ofﬁcers
aforesaid, or the major part of them, shall deem best entitled thereto,
for superior exertions at the extinguishment or in stoping the progress
of such ﬁre.
A/za’ ﬁe z'z‘ furz‘lzer enaeiea’ éy Z/ze aat/zorz'zj/ aforesaid, That all former
acts and laws of this State, concerning ﬁring the woods shall be void,
and hereby are repealed.
CHAP. 72.
AN ACT supplementary to, and for the amendment of the act
entitled “An act imposing duties on goods, and merchandize
imported into this State;” and to relieve persons who have
been aggrieved thereby. ‘
PASSED the 12th of March, 1788,
WHEREAS some of the regulations contained in the act entitled “An
act imposing duties on goods and merchandize imported into this State,”
have been found oppressive to individuals, and injurous to trade; for
remedy thereof,
Be it enacted Zry f/ze Pea/Me 0f Z/ze Sz‘az‘e 0f N670 Y 01%, refreselzz‘ed in
Senate and A meme/y, arm’ 2?‘ is /ze/'e&y e/zaez‘ea’ a)’ f/ze aaZ/zerz'ziv 0f f/ze same,
That the ninth section of the said recited act, and every matter and
‘thing therein contained, shall be, and the same is hereby repealed.
A 12a’ be it fart/2e?" enacted a)» z‘/ze azef/zorz'z‘y afaresaz'a’, That if any master
or person having the command or charge of any vessel, which hath
already arrived, or shall hereafter arrive within this State, shall land or
put on shore, or unlade, any part of the cargo of such vessel within this
State, before the report and manifest thereof made and delivered, accord-
ing to the directions of the said recited act, or if the said master or other
person having the command or charge of any such vessel, shall, with
intent to defraud the people of this State, of the duties imposed or to be
imposed on such goods, or any part thereof, omit to mention in the said
manifest, any of the bales, chests, trunks, cases, boxes or other packa-
ges, or goods or merchandize on board of such vessel, all such goods
and merchandize so landed, put on shore, unladen or omitted, together
with such vessel, her tackle, apparel and furniture, shall be forfeited to
the people of this State; the said forfeitures to be sued for, recovered
and disposed of, in like manner as the forfeitures mentioned in the said
.recited act, are thereby directed to be sued for, recovered and disposed
Prow'dedlalways, that the forfeiture of such vessel, her tackle apparal
or furniture shall not be incured, unless the goods so landed, put on
shore, unladen or omitted, shall exceed in value, the sum of twenty
_pounds
CHAP. 72.] ELEVENTH SESSION.
~1
on
~1
And be it farl/zer eizaez‘ed by Me aaz‘boriz‘y aforesaid, That in all cases 1d.
where any omission shall have been made in the manifest exhibited, or
to be exhibited, by the master or person having the command or charge
of any vessel, pursuant to the directions of the said act, and in all other
cases, in which, by the said act, or any other law made or to be made
for imposing duties on goods and merchandize imported into this State,
the intent to defraud, is, or Shall be essential to the offence, it shall be
lawful for such master or other person, having the command or charge
of any such vessel, or the owner or consignee of any goods or merchan-
dize, that shall or may be seised by virtue of the said act, or any other
law of this State, made or to be made as aforesaid, to apply to the treas-
urer the auditor and the attorney general of this State, for the time
being, (who are hereby appointed commissioners for that purpose) or
any two of them, and the said commissioners or any two of them shall
and may thereupon, in a summary manner, hear and examine the cir-
cumstances of the case, and the evidence respecting the same; and if the
said commissioners, or any two of them, shall, upon such hearing, be
convinced that there was not an intent to defraud, they shall certify the
same to the collector of the customs of the port, where such vessel shall
be, or where such seizure shall have been made, and the said collector
Shall thereupon admit a post-entry or entries to be made, of the goods
so omitted or seized as aforesaid, and shall proceed to take the duties
thereupon, in like manner as if the same had been speciﬁed in the
original manifest or invoice exhibited to him, according to the directions
of the said recited act. Provided always,
And be ii‘ fziri/zer e/zaez‘ed by Me azil/zori/y aforesaid That it shall and Costs of
may be lawful for the said commtssioners, or any two of them, to award Selzures‘
to any person who shall have made any seizure by virtue of the said act,
or any law for imposing duties on goods or merchandize imported in to
this State, such reasonable allowance for his costs and trouble in the
same, as they shall think proper; which allowance Shall be paid before
any such certiﬁcate as herein before is mentioned, shall be given by the
said commissioners.
Arid be ii‘ farz‘lier erzaez‘ed by ibe aaz‘lzorilfy aforesaid, That if the said Where
commissioners, or any two of them, shall certify as aforesaid, then and Bggtyolfnm‘
in every such case, the party in whose favour they shall so certify, shall fraud-
be deemed innocent, and be discharged from all forfeitures and penal-
ties, which he would otherwise have incurred by virtue of the said
recited act, or any law for imposing duties on goods and merchandize
imported into this State, any thing in the said act to the contrary thereof
in any wise notwithstanding. Provided always, that nothing herein con-
tained shall prevent any person or persons, whose goods or vessel may
have been, or may hereafter be seized, for any of the causes speciﬁed in
the said recited act, this act, or any other law for imposing duties on
goods and merchandize imported into this State, from making such
defence in any court, as they might have done, if no such application
as aforesaid had been made, to the said commissioners.
And be ii‘farz‘lzer e/zaeled by i/ze aziz‘liorzz‘y aforesaid, That all goods and Goods im-
merchandize imported into this State, after the last day of July last past, 5515,}? m
or that shall hereafter be imported in any ship or vessel, not built in ownedbr
this State, or any other of the United States, which ship or vessel, on of
the eleventh day of April last, was really and bona ﬁde entirely the
property of any of the citizens of this State, shall be subject to the like
duties, in all respects, as if the same had been imported in a ship or ves-
sel built within the United States, and no more; any thing in the said
act to the contrary thereof in any wise notwithstanding; and if any
788
LAWS OF NEW YORK. [CHAR 72.
Relief of
certain
importers.
Certain
forfeitures
remitted.
Duties on
goods im-
ported in
ships in
art owned
y foreign~
ers.
Id.
greater or higher duties shall have been paid or received, upon any such
goods or merchandize so imported as aforesaid, since the said last day
of july, the collectors of the several ports within this State, respectively
shall and may give credit for the amount of such additional duties, to
the person or persons who may have paid or secured the same, and shall
and may, from time to time, discount or allow the same amount, as so
much received for duties upon any other goods or merchandize, which
shall or may within three years next hereafter, be imported into this
State, by the same person or persons, his, her or their executors or
administrators.
And be it further enacted by the authority aforesaid, That the collector
of the port of New York, shall and may take and receive, from the sev-
eral persons herein after mentioned, that is to say, john Broome, Moses
Rogers, Nicholas Hoffman and Martin Hoffman, john B. Coles, Michael
Roberts, Anthony Ackley, Lyde and Rogers, Embree and Shotwell,
William Laight and Company, Daniel Phmnix, Pearsall and Pell, Wil-
liam Ustick junior, Seaman and Franklin, Abraham Brevoort, Andrew
Hammersly, Peter Goelet and Daniel Dunscomb junior, the like duties
upon the goods and merchandize by them respectively imported in the
month of May or june last, by the ship Bristol, from Bristol in Great
Britain, as would have been due and payable for the same, if the said
ship Bristol had been wholly the property of citizens of this State, and
no more; and that if the said several persons, or any of them, shall have
paid more than what the said duties would have amounted to, if the said
ship Bristol had been wholly the property of citizens of this State, then
and in such case ‘the collector of the port of New York, for the time
being, shall and may give credit to the said several persons respectively
for the amount of what they shall or may have so respectively over-paid;
and shall and may discount and allow the same amount, as so much
received, for any duties which shall or may be payable, within three
years hereafter, by the said persons respectively, or their respective
executors or administrators.
And be it further enacted by the authority aforesaid, That all forfeit-
ures heretofore accrued, or deemed to have accrued, by reason of any
omissions in the manifest of the several cargoes of the respective vessels
following, that is to say, the ship Hudson, the ship Montgomery, the
brigatine Betsey, the brigatine Mary, the schooner Maria, the sloop
Friendship, and the sloop Sally, (the said omissions having been by the
collector of the port of New York represented to the legislature, as
casual and not fraudulent) shall be and the same are hereby wholly
remitted.
And be it further enacted by the authority aforesaid, That all goods and
merchandize, which shall or may hereafter be imported into this State,
in any ship or vessel, which on the eleventh day of April last, was the
property of any person or persons not a citizen or citizens of this State,
or any other of the United States, either in the whole or in part, shall
be subject to the additional duties speciﬁed in the second section of the
said recited act, whether the same ship or vessel was built in this State,
or any other of the United States of America, or not. Provided always,
that nothing herein contained shall extend to any ships or vessels, built
in this State after the ﬁfteenth day of March in the year one thousand
seven hundred and eighty ﬁve and previous to the passing of this act,
by or for any foreigner and rigged with cordage of the growth and
manufacture of any of the United States.
And be it further enacted by the authority aforesaid, That from and
after the ﬁrst day of September next, there shall be paid upon all goods
CHAP. 72.] ELEVENTH SESSION.
789
and merchandize imported into this State, in any ship or vessel built in
the United States after the passing of the said recited act, and which
shall not be really and bona ﬁde wholly the property of a citizen or citi-
zens of this State or any other of the United States, additional duties to
the amount of one half of the additional duties, which would be payable
for the same, by the second section of the said recited act, if such ship
or vessel had not been built in any of the United States.
And be ii‘ fnrz‘lzer enacz‘ed by llze azcz‘lzorizy aforesaid, That from and
after the passing of this act, it shall not be requisite for any boat or
vessel, of less burthen than ﬁfty tons, which shall arrive in any of the
ports or harbours of this State, from any other of the United States, to
be reported, entered or cleared, at any of the custom houses in this
State, unless goods or merchandize, subject to the payment of duties
by the said recited act, or any other law of this State, shall be imported
or brought in the same boat or vessel, any thing in the said recited act
to the contrary thereof in any wise notwithstanding.
And be it fnrz‘lzer enacz‘ed by l/ce azcz‘liorizy aforesaid, That it shall and
may be lawful for any citizen or citizens of this State, or any other of
the United States, who shall hereafter import any goods or merchandize
into this State, upon the importation thereof, to lodge the same in such
store or stores, as the collectors of the respective ports within this State,
shall or may, from time to time, appoint, there to be safely kept, at the
expence of the owner or owners, consignee or consignees thereof, under
the care of such ofﬁcer or ofﬁcers of the customs, as the said collectors
respectively shall and may from time to time appoint; the said owner
or owners, consignee or consignees, first giving security to pay the duties
thereon, unless the same shall be exported in the manner, and at, or
before the time herein after for that purpose limited ; and the owner or
owners consignee or consignees, of such goods and merchandize, may,
from time to time, export the same, or any part thereof from this State,
without the payment of any duties thereon, at any time or times within
eighteen calender months after the importation thereof, upon taking an
oath, to be administered by the collector, that he, she or they, has or
have no intention to evade the payment of the duties upon the said
goods or merchandize, or to reland or otherwise bring back the same
into this State. And the collector shall and may direct and appoint an
ofﬁcer of the customs or other person to superintend the lading of the
said goods and merchandize, at the expence of the owner or owners
thereof. And if any person or persons shall reland, or put on shore any
of the said goods or merchandize, so laden as aforesaid for exportation,
or :bring the same into this State, after the exportation thereof, without
a permit from the collector for that purpose, and payment of the duties
that were due thereon, upon their ﬁrst importation into this State, the
said goods and merchandize so relanded or brought back, shall be for—
feited to the people of this State, and be sued for and disposed of, as
other forfeitures in the said recited act mentioned, are directed to be
sued for, and disposed of; and the person or persons, who shall reland
or bring back the same, shall also forfeit the sum of ﬁve hundred pounds,
to be recovered in any court having cognizance thereof, by action of
debt, bill, plaint or information; the one half to the use of the people
of this State and the other half to such person or persons as shall sue
for the same. Provided always, that nothing herein contained shall be
construed to effect or prevent the exportation of goods or merchandize
to any of the United States, pursuant to the directions of the said
recited act; and provided also, that it shall and may be lawful for the
owner or owners, consignee or consignees, of such goods or merchan-
Boats of
less than
ﬁﬁytons
need not
reporm
Bonded
goodsin
vvare—
houses.
790
LAWS OF NEW YORK. [CHAR 72.
Goods
landed and
.s-lld to pay
for repairs
to vessel.
Additional
duties on
speciﬁed
articles.
Goods im-
ported by
foreigners.
dize, so stored as aforesaid, from time to time, under the inspection of
the person appointed to keep the same, and by permit from the collector,
(which he is hereby required to give) to remove any part thereof, and
take the same into his, her or their possession, upon paying to the collec-
tor, the amount of the duties due for such part of the same, as shall be
so as aforesaid removed.
And ée z'z‘feez'l/zer erzaez‘ed [2,11 Z/ze emf/wrap) aferesaz'd, That in all cases
were goods and merchandize shall or may be landed and sold, pursu-
ant to the directions of the said recited act, to defray the necessary and
incidental expences of any ship or vessel, compelled to come into the
port of New York, by distress, it shall not be necessary for a report or
manifest to be made or exhibited of any part of the cargo of such ship
or vessel, not intended to be landed; nor shall any duties be payable
upon any goods or merchandize landed out of such vessel, which shall
be intended to be reladen or again exported; any thing in the said
recited act to the contrary thereof in any Wise notwithstanding. Pro-
t/z'ded always, that all goods or merchandize unladen from any such ship
or vessel, and not intended to be sold_as aforesaid, shall be stored in the
manner directed by the last preceeding clause of this act, with respect to
goods and merchandize intended for exportation.
A/zd aI/zereas it would be of public utility to encourage manufactures,
and by every wholesome regulation, consistent with the spirit of liberty,
to repress the further progress of luxury and extravagence; Therefore,
A 11d [2e 2'! flH’Z/ZC’I’ e/zaeled {2] Me aaf/zoltz'z‘y aforesaid, That from and
after the ﬁrst day of September next, the following duties shall be paid,
in addition to those imposed by the said recited act, upon the following
goods and merchandize imported into this State, and not of the growth
of any of the United States, nor made or manufactured within the same,
from the native productions of the said States, that is to say, on all
kinds of silver and plated ware, jewelry and paste work, silver plated or
ivory handled knives and forks, carpets of all kinds; copper plate furni-
ture, silk and cotton velvets, muslins, lawns, and cambricks, silks of all
kinds, gauzes, ribbons, plated and metal buttons and buckles, gold and
silver laces and trimmings, silk laces and thread laces, embroidered
patterns for Waistcoats, and other parts of dress, women and children’s
stays, muffs, and tippets, gloves and mittens of all sorts, silk and thread
hose, ready made millenary and wearing apparel, perfumery, cofﬁn fur-
niture, marble slabs and chimney pieces, all glass and wares made wholly
or in part of glass, (except looking glasses,) instruments of music, tor-
toise shell combs, brushes of all kinds, parchment, glue, walking-canes
and whips, ostrich and other ornamental feathers, and artiﬁcial ﬂowers,
at and after the rate of eight per cent ad valorem. On every pound of
spikes, and every pound of nails, commonly called six penny nails, and
of all nails of alarger size one half penny. Upon every dozen of shovels
and spades, nine shillings. Upon every dozen of hoes three shillings.
Upon all painters colours ground in oil, at and after the rate of ten
shillings for each hundred Weight. Upon every gallon of distilled
spirituous liquors, four pence. Upon every gallon of wine other than
Madeira wine, four pence.
And a) 2'2‘ fare/ter erzaez‘ed éy Z/ze (rat/rarity afaresaz'd, That all goods and
merchandize brought or imported into this State, by any person not a
citizen of this State, or any of the United States, shall be subject to an
additional duty of two and an half per cent, more than such goods and
merchandize would be subject to, if imported by any citizen of this
State, or any other of the United States.
CHAP. 73.] ELEvENTH SESSION. ' 791
And be if fart/ler marred by i/ze aul/zoriz‘y aforesaid, That all the Additional
additional duties imposed by this act, shall be paid or secured in like ‘3,323,813,,
manner, as if the same had been charged and speciﬁed in the ﬁrst sec-
tion of the said recited act, over and above the duties by the said act
charged upon the importation of the said goods and merchandize
respectively.
And be it furl/ler eizaez‘ed by i/ze azii/iorizfy aforesaid, That the respec- Manifests
tive collectors of the ports of New York and Sagg Harbor, shall require of the master of every ship or other vessel requiring a clearance, an wllecwr's-
exact manifest of the cargo on board every such ship or vessel; and the
said collectors shall keep true and exact returns, of each particular
article so exported, and shall, on the last day in every year, make out
the account thereof, to be laid before the legislature, at their next meet-
ing thereafter.
‘a;
CHAP. 73.
AN ACT to repeal the acts therein mentioned.
PASSED the 12th of March, 1788.
Be it enacted by l/ze People of z‘lze Sz‘az‘e of New Yor/e, represented in Senate and Assembly, and ii‘ is bere/y e/iaez‘ed by i/ze aziz‘liorily of [be 5077/6’, pealed.
That the several acts or laws herein after mentioned, which were made
in this State while the same was the province or colony of New York,
that is to say, an act entitled “An act for quieting and settling the dis-
orders that have lately happened within this province, and for establish-
ing and securing their majesties present government against the like
disorders for the future;” and one other act entitled “An act for the
regulating the buildings, streets, lanes, wharfs, docks and allies of the
city of New York ;” and one other act entitled “An act for settling fairs
and markets in each respective city and county throughout the prov-
ince;” and one other act entitled “An act for establishing certain rates
upon such goods and merchandize as shall be brought unto their majes-
ties beam in the weigh-house at New York;” and one other act entitled
“An act against the profanation of the Lord’s Day called Sunday;” and
one other act entitled “An act for preventing of trespasses;” and one
other act entitled “An act to enable the respective towns within this
province to build and repair their meeting-houses and other publick
buildings;” and one other act entitled “An act to ascertain the size of
casks, weights and measures, and bricks within this colony;” and one
other act entitled “An act to encourage the baptizing of negro Indian
and mulatto slaves;” and one other act entitled “An act for the encour-
agement of whaling;” and one other act entitled “An act for suppress-
ing immorality;” and one other act entitled “An act to prevent the
removal of actions of twenty pounds from the mayor’s court of New
York, and other courts;” and one other act entitled “An act to pre-
vent the impairing the fortiﬁcationsg” and one other act entitled
“An act for preventing the multiplicity of law suits;” and one other
act entitled “An act for destroying wolves and foxes in the county
of West-Chester;” and one other act entitled “An act to encourage
the destroying of foxes and wild-cats in Kings county, Queens county
and Suffolk county;” and one other act entitled “An act to prevent
vagrant and idle persons from being a charge and expence to any
the counties, cities, towns, manors or precincts, within this Province ;”
LAWS OF NEW YORK. [CHAR 73.
and one other act entitled “An act to prevent boats and other vessels,
and the goods put on board of them from being interrupted or molested,
whilst their navigation is conﬁned within this Colony;” and one other
act entitled “An act for the effectual recovery of the arrears of the sev'
eral taxes, and of the excise therein mentioned, and for securing the
duties on slaves not imported in the city of New York, and for empow-
ering the treasurer for these purposes;” and one other act entitled “An
act for the more effectual preventing and punishing the conspiracy and
insurrection of negroes and other slaves, for the better regulating them,
and for repealing the acts therein mentioned relating thereto;” together
with the acts therein mentioned; and one other act entitled “An act for
granting to the people called Quakers residing within this Colony, the
same privileges beneﬁts and indulgencies, as by the laws and statutes
now remaining in force in that part of Great Brittain called England,
the people of that denomination are entitled unto within those domin-
ions,” together with the act thereby repealed; and one other act enti-
tled “An act to prevent small stallions running at large in the Colony
of New York, and to geld such as shall be under the size therein men-
tioned ;” and one other act, entitled, “An act for regulating the ruts of
waggons in Dutchess county;” and one other act entitled “An act to
prevent the further importation of copper money into this Colony;”
and one other act entitled “An act for establishing and regulating courts
to determine causes of forty shillings and under in this Colony;” and
one other act entitled An act for the better extinguishing of ﬁres that
may happen within the city of New York;” and one other act entitled
“An act for the preservation of oysters at and near Richmond county,
in this Colony 3” and one other act entitled “An act to prevent abuses
in the re-packing of beef and pork;” and pne other act entitled “An
act for explaining and rendering more effectual an act of the gov-
ernor, council and the general assembly, entitled an act to oblige the
inhabitants of each particular ward within the city of New York, to
make good their respective quota’s of all publick taxes ;" and one other
act entitled “An act for limiting the continuance of the general assem-
blies of this Colony;” and one other act entitled “An act to impower
the sworn repackers of the city of New York, for the time being, to
repack and brand half barrels of beef and pork;” and one other act
entitled “An act for the speedy punishing and releasing such persons
from imprisonment as shall commit any criminal offences under the
degree of grand larceny;” and one other act entitled “An act for the
speedy punishing and releasing such persons from imprisonment, as
shall commit any criminal offences in the city and county of New York,
under the degree of grand larceny;” and one other act entitled “An
act to restrain unlawful and disorderly gaming—houses, in the Colony of
New York ;” and one other act entitled “An act to amend the practice
of the law, and to regulate the giving of special bail;” and one other
act entitled “An act to make it felony without beneﬁt of clergy, to
counterfeit any Spanish French or Portugueze gold or silver within this
Colony ;” and one other act entitled “An act for taking afﬁdavits in the
several counties within this Colony, to be made use of in the supreme
court, and impowering the attornies of the supreme court to practice in
the mayor’s court of the city of New York ;” and one other act entitled
“An act to restrain tavern-keepers and inn—holders, from selling strong
liquors to servants and apprentices, and from giving large credit to
others;” and one other act entitled “An act to prevent the importing or
passing counterfeits of British half pence or farthings;” and one other
act entitled “An act to enable and impower the mayor, aldermen and
CHAP. 73.] ELEVENTH SESSION.
793
commonalty of the city of New York, and their successors, to prevent
and remove particular nusances within the same, to the southward of
Fresh Water ;” and one other act entitled “An act to prevent malicious
informations in the supreme court of judicature for the Colony of New
York;” and one other act entitled “An act to enable creditors more
easily to recover their debts from joint partners;” and one other act
entitled “An act to oblige all persons that come to inhabit or reside in
the city of Albany and township of Schenectady in the county of
Albany, in order to expose any goods, wares or merchandizes to sale,
at any time after the annual assessment made for the necessary and
contingent charges of the said city and township, to pay their just pro-
portions towards the same;” and one other act entitled “An act to
enable the proprietors or owners of that part of the Great-Plains in
Queens county, which lies within the townships of Hampstead and
Oysterbay, and is used as a common of pasture, to hang swinging gates
on the high-ways; running through the said plains, and to establish
prudential orders and rules with respect to the management of the said
common ;” and one other act entitled “An act to enforce and render
more effectual an act entitled an act to prevent vagrant and idle persons,
from being a charge and expence to any of the counties, cities, towns,
manors or precincts within this province;” and one other act entitled
“An act to prevent the selling of tickets in this Colony, of any lotteries
schemed or erected in any other Colony;” and one other act entitled
“An act to regulate the practice of physick and surgery in the city of
New York;” and one other act entitled “An act to increase the number
of ﬁremen within the city of New York ;” and one other act entitled
“An act to prevent transient persons from selling goods at vendue in
the city and county of Albany, and counties of West-Chester, Richmond
and Dutchessf’l and one other act entitled “An act impowering those
who shall be appointed foremen of grand-juries, to administer the usual
oath to such witnesses as are to be examined before them;” and one
other act entitled “An act to prevent hunting with ﬁre-arms in the city
of New York, and liberties thereof;” and one other act entitled “An
act to restrain the bringing of writs of certiorari, and writs of error, for
removal of judgments given before justices of the peace within this
Colony ;” and one other act entitled “An act to make it felony without
beneﬁt of clergy, to counterfeit the bills of credit of any of his majestys
colonies which pass in payment in the Colony of New York;” and one
other act entitled “An act for the regulation of servants ;” and one other
act entitled “An act to relieve the cities and counties of this Colony by
the speedy trial of petty offenders;” and one other act entitled “An
act further to increase the number of ﬁremen in the city of New York;”
and one other act entitled “An act to prevent the abuse of writs and
plaints in replevin ;” and one other act entitled “An act to prevent the
inconveniences arising from delays of causes after issue joined;” and
one other act entitled “An act for the better preventing frivolous and
vexatious suits;” and one other act entitled “An act to conﬁrm certain
acts and orders made by justices of the peace, being of the quorum,
notwithstanding any defect in not expressing therein that such justices
of the peace are of the quorum ;” and one other act entitled “An act to
ﬁx and ascertain from whence the mileage fees of the respective con
stables of the manor of Cortlandt in the county of Westchester, shall be
computed;” and one other act entitled “An act to enable any one of
the coroners for the different counties within this Colony, to make
return to process ;" and one other act entitled “An act to increase
the number of ﬁremen in the city of New York ;” and one other
VoL. 2.-— 100
94
LAWS OF NEW YORK. [CHAR 73.
act entitled “An act to prevent the defacing the statues which are
erected in the city of New York;” and one other act entitled
“An act to prevent the killing and destroying of game in the
manor of Philipsborough in the county of Westchester; and one
other act entitled “An act to prevent aged and decrepit slaves from
becoming burthersome within this Colony;” and one other act enti-
tled, “An act to amend an act, entitled, an act to conﬁrm certain
antient conveyances, and directing the manner of proving deeds to be
recorded;” and one other act entitled “An act for the amendment of the
law, and the better advancement of justice;" and one other act entitled
“An act for punishing accessaries to felonies and receivers of stolen
goods;" and one other act entitled “An act for giving relief on promis-
sory notes ;” and one other act entitled “An act to prevent the sale of
goods at night by vendue, auction or outcry in the city of New York;”
and one other act entitled “An act respecting fairs in the counties of
Albany, Cumberland and Tryon;” and one other act entitled “An act
to enable posthumous children to take estates as if born in their fathers
life time ;" and one other act entitled “An act for the relief of creditors
against fraudulent devisees,” and one other act entitled “An act for the
better preventing of excessive and deceitful gaming;” and one other act
entitled “An act for the better security and more easy recovery of rents,
and renewal of leases, and to prevent frauds committed by tenants;”
and one other act entitled “An act for the better discovery of judgments
in the courts of record in this Colony;” and one other act entitled “An
act to prevent the depreciating the paper currency of this Colony;” and
one other act entitled "An act to amend an act entitled an act for the
speedy punishing and releasing such persons from imprisonment as shall
commit any criminal offences under the degree of grand larceny;” and
one other act entitled “An act to revent the abatement of suits by the
death of the parties;” and one ot er act entitled “An act for the more
easy collecting his majestys quit-rents in the oblong patent, in the coun-
ties of Dutchess and West-Chester; ” and one other act entitled “An act
for the amendment of the law, for prevention of frauds and perjuries;”
and one other act entitled “An act for the relief of parishes and other
places, from such charges as may arise from bastard children born within
the same;” and one other act entitled “An act for an indulgence to
persons of scrupulous consciences, in the manner of administring oaths;”
and one other act entitled “An act to discourage tortious entries and
possessions;” and one other act entitled “An act to regulate waggons
within the township of Schenectady, and the precincts of Orange Town
and Haverstraw, in the county of Orange;” and one other act entitled
“An act for the more convenient proving of deeds and mortgages;” and
one other act entitled “An act to divide the province and dependencies
into shires and counties;” and all other laws heretofore made in this
State, while the same was the Colony or Province of New York, for
dividing the same into counties, or for dividing any of the counties
thereof; or for ascertaining the bounds or limits of any of the same
counties; and all laws heretofore made in this State, while the same was
the Colony or Province of New York, relating to highways, except such
as relate to highways in Kings county, or Queens county, or either of
them; and all laws heretofore made in this State, while the same was
the Colony or Province of New York, relating to the election of repre-
sentatives to sit in general assembly, and relating to the allowance to,
or wages of the said representatives, and every clause, matter and thing
in the same acts and laws herein before mentioned. and in each and every
of them contained, shall be, and hereby are repealed and made void.
CHAP. 73.] ELEvENTH SESSION.
795
And be it fart/ler eizaeled by the aiiz‘lzorizy aforesaid, That the several State acts
acts and clauses of acts of the legislature of this State herein after men- “Peale '
tioned, that is to say, an act entitled “An act requiring all persons hold-
ing ofﬁces or places under the government of this State, to take the
oaths therein prescribed and directed;’’ and the act entitled “An act
for altering the judgments heretofore by law prescribed against persons
found guilty of high-treason and petty treason; and those who, on being
arraigned for treason or felony, stand mute, or refuse to plead;” and the
act entitled “An act for the better determination of personal actions,
depending upon accounts ;” and the act entitled “An act for the better
securing the independence of this State, and to that end requiring all
publick ofﬁcers and electors within this State, to take the test oath
therein contained;’ and the act entitled “An act to prevent delay by
writs f replevin, in cases if dis ress for taxes, assessments or ﬁnes;”
and the act entitled “An act for giving relief against the operation of
the statute of the 21st of James the 1st; commonly called the statute of
limitations, and of an act of this State while it was a Colony, entitled
“An act for giving relief on promissory notes;” and the act entitled “An
act to preserve the freedom and independence of this State, and for
other purposes therein mentioned;” and the act entitled “‘An act for the
more easy assessment of taxes, for prolonging the terms of the court of
general sessions of the peace, altering the modes of punishment in cer-
tain cases of petit larceny in the city and county of New York; and for
the conﬁnement of vagrants and common prostitutes to hard labour;”
and the act entitled An act for the punishment of persons who shall, in
the city and county of New York, by false ‘pretences obtain any monies,
goods, wares or merchandize, from any person, with intent to cheat or
defraud such person;” and the act entitled “An act granting a bounty
on hemp to be raised within this State, and imposing an additional duty
on sundry articles of merchandize, and for other purposes therein men-
tioned;” and the act entitled “An act to compel collectors and con-
stables to give security;” and the eighth section of the act entitled “An
act concerning counsellors, attornies, sollicitors, advocates and proctors
of the several courts in this State,” so far as the Same relates to the pen-
alty or forfeiture of ten pounds on every attorney neglecting or omitting
to ﬁle his warrant of attorney, according the directions of the said act,
shall be and hereby are repealed.
Alld be it fzirz‘ber e/zaeled by ilze aziz‘lzorizy aforesaid, That the several
acts or laws herein after mentioned, which were made in this State while
the same was the Province or Colony of New York, that is to say, an
act entitled “An act for enabling each respective town within this prov-
ince to regulate their fences and highways, and make prudential orders
for their peace and orderly improvements;” and one other act entitled
“An act for defraying the publick and necessary charge throughout this
province, and for maintaining the poor and preventing vagabonds;” and
one other act entitled “An act for regulating the fences in the county of
Ulster; and one other act entitled “An act repealing an act of general
assembly of this province, entituled An act for defraying the publick and
necessary charges throughout this province, for maintaining the poor
and preventing vagabonds, except so much thereof as relates to vaga-
bonds, and for the appointing more effectual means for the defraying
the publick and necessary charge in each city and’ county, and for
maintaining the poor; ’ and oneiother act entitled -“An act to oblige the
owners and possessors of unimproved lands in the county of Albany,
Westchester, Richmond and Orange, to pay the proportion of their quit
rents and taxes, raised for the support of the government, and other
Colonial
acts re-
pealed.
796
LAWS OF NEW YORK. [CHAR 73.
State acts
repealed .
county charges,” and one other act entitled “An act for the better
explaining and more effectual putting in execution an act of general
assembly made in the third year of the reign of their late majesties, king
William and queen Mary entitled An act for defraying of the publick and
necessary charge throughout this Province, and for maintaining the poor
and preventing vagabonds;” and one other act entitled “An act for defray-
ing the common and necessary charge in the manor of Rensselaerwick, in
the county of Albany;” and one other act entitled “An act for the better
raising, levying and defraying, the necessary charge in the manor of Rens-
selaer-wick in the county of Albany;” and one other act entitled “An act
to enable the justices of the peace to chuse assessors and collectors in case
of death ;” and one other act entitled “An act to oblige the inhabitants
of each particular ward within the city of New York, to make good their
respective quota’s of all publick taxes;” and one other act entitled “An
act to enable the mayor, aldermen and commonalty of the city of
Albany, to defray the publick and necessary charges of the said city ;”
and one other act entitled “An act to oblige the collectors and treasurer
of Richmond county, effectually to collect and pay the annual rate of
the said county;” and one other act entitled “An act for defraying the
common and necessary charge of the manor of Cortlandt, in the county
of Westchester;” and one other act entitled “An act for the punctual
payment of the county rates in Suffolk county, and for the more effectual
recovering the arrearages thereof,” and one other act entitled “An act
for recovering arrearages of taxes and rates in the city and county of
Albany;” and one other act entitled “An act for regulating fences for
the several cities and counties within this Colony of New York,” and
one other act entitled “An act for the better regulating the taxation of
estates in Queens county, and for repealing an act entitled an act fer
the more equal taxation of estates in Queens county, passed in the
twenty seventh year of his present majesty’s reign,” together with the act
thereby repealed ;” and one other act entitled “An act to regulate the
publick pounds in the city and county of New York ;” and one other act
entitled “An act to enable the supervisors of the several counties of this
Colony therein mentioned, to take security of their respective county
treasurer, before he enters upon the (Execution of his ofﬁce;” and one
other act entitled “An act for the more equal taxation of estates, and
providing for deﬁciencies in the taxes of the county of lrVestchester;”
and one other act entitled “An act to confine rams at certain seasons of
the year, in the counties of Ulster, Orange and Dutchess;” and all laws
heretofore made in this State while the same was the Colony or Prov-
ince of New York, for erecting or dividing any part or parts of this
State, into towns, parishes, precincts, or districts, or altering the bounds
of any of them; and all laws heretofore made in this State, while the
same was the Colony or Province of New York, enabling the towns,
manors, precincts or districts of this State, or any of them, to chuse
supervisors, assessors, collectors and constables, and other town officers,
or any or either of them, and relating to the meetings, or to the times
or places of meeting, of the supervisors or assessors, or either of them;
and all laws heretofore made in this State, while the same was the
Province or Colony of New York, relating to swine, and every clause
matter and thing in the same acts and laws herein before mentioned,
and in every of them contained, shall be, and hereby are repealed and
made void, from and after the ﬁrst day of April, which will be in the
year of our Lord one thousand seven hundred and eighty nine.
And be if furl/lar marred [1)’ 27212 auz‘lzarz'z‘y aforesaid, That the several
acts and clauses of acts of the legislature of this State, herein after men-
CHAP. 74.] ELEVENTH SESSION.
797
tioned, that is to say an act entitled “An act for increasing the number
of. assessors throughout this State;” and the act entitled “An act to
divide the district of the manor of Rensselaerwyck, in the county of
Albany, into two districts ” and the act entitled “An act to annex the
lands belonging to the corporation of the Reformed Protestant Dutch
Church of Schenectady, and the settlement called Cory’s Brook, now in
the districts of Half-Moon, and the united districts of Schohary and
Duanesburgh, to the district of Schenectady;” and the act entitled “An
act to increase the number of collectors in the counties of Albany, Ulster
and Orange;" and the act entitled “An act to ascertain the division line
between the district of Half-Moon, and the west district of Rensselaer-
wyck, and for dividing Mohawk district in the county of Tryon, into
two districts;” and the act entitled “An act to divide the district of
Claverack in the county of Albany, into two districts;" and the act
entitled “An act declaring the east ward of the manor of Cortlandt, and
the district of Salem in the county of Westchester, to be two townships,
in manner therein designated; and the act entitled “An act to divide
the east district of the manor of Rensselaerwyck, in the county of
Albany;” and the act entitled An act to divide the township of Hemp-
stead in Queens county;” and the act entitled “An act to divide Char-
lotte and Rhynbeck precincts, into three precincts;” and the act enti-
tled “An act for dividing the county of Washington into townships;”
and the act entitled “An act for dividing the district of the manor of
Livingston, in Columbia county, and for annexing the manor of Fox-
Hall to the town of Kingston in Ulster county;” and the act entitled
“An act to erect the settlement of Wood-stock and Great and Little
Shandaken, in Ulster county, into a seperate township ;” and the twenty
fourth section of the act entitled “An act for the relief of persons who
paid money into the treasury of this State, in consequence of a resolu-
tion of the committee of safety of the ﬁrst day of March, one thousand
seven hundred and seventy seven, and for other purposes therein men-
tioned, shall be, and hereby are repealed, from and after the ﬁrst day
of April, which will be in the year of our Lord one thousand seven
hundred and eighty nine.
CHAP. ‘74.
AN ACT for raising a further sum of money for compleating the
court house and gaol in the county of Columbia.
PASSED the 14th of March, 1788.
WHEREAS the trustees for building a court house and gaol in the
county of Columbia and the supervisors of the said county, have by
their petition requested the legislature to enable them by law, to raise a
_ further sum of money to compleat the court house and gaol, erected in
the said county agreable to an act, passed for that purpose on the
fourth day of April, one thousand seven hundred and eighty six, There-
fore,
Be it enacted by tile Peep/e 0f t/ze State 0f New York represented in
Senate and Assemaly, and it is Izereﬁy enaetea’ ay t/ze aut/zorz'ty 0f t/ze same
That the supervisors of the county of Columbia for the time being,
shall be, and they are hereby authorized and required to direct to be
raised and levied on the freeholders and inhabitants of the said county
the sum of one thousand two hundred‘ pounds, with an additional sum
of nine pence in the pound for collecting the same; which said sums
Preamble.
Tax levied
for court-
house and
jail.
798
LAWS OF NEW YORK. [CHAR 75.
Meeting of
supervisors
Collection
of tax; ap-
plication of
moneys.
shall be raised levied and collected in like manner as the other neces-
sary and contingent charges of the said county, are levied and collected.
And be it fl/7i/I67’ erzaeted by t/ze aat/zority aforesaid, That the said
supervisors shall meet for the purpose aforesaid, at the dwelling house
of Gabriel Effelstyn in Claverack in the said county on the last Tuesday
in May next; and it is hereby made the duty of the clerk of the super-
visors of the said county to notify the respective supervisors of such
meeting.
And be it fart/zer enacted by t/ze aat/zorizj’ aforesaid, That the one
moiety of the monies directed to be raised by virtue of this act, shall
be colected and paid into the treasury of the said county of Columbia,
on or before the ﬁrst Tuesday of November next and the other moiety
thereof on or before the ﬁrst Tuesday of November which will be in the
year of our Lord, one thousand, seven hundred and eighty nine; except
the allowance to the collectors, which they are hereby severally authorized
to retain in their hands; and the treasurer of the said county is hereby
required and directed, to pay to the trustees appointed by the act herein
' before recited, on the order of the supervisors of the said county, so
Penalty for
neglect.
Fees of
treasurer.
Preamble.
sirname of
Floyd
changed.
much of the said monies as they shall deem requisite for compleating
the court house and gaol aforesaid, and for repaying to the said trustees,
such sum or sums as shall appear to be due to them for building the said
court house and gaol, and for materials furnished for the same; and the
residue if any there be, shall be retained by the said treasurer, to be dis-
posed of and applied for the general beneﬁt of the county, in such man-
ner as the supervisors of the said county shall direct.
And be it fart/ter e/zaeted by t/ze az/t/iority aforesaid, That if the said
treasurer, supervisors, assessors or collectors, shall neglect or refuse to
perform the duty required of him or them by this act, the person so
neglecting or refusing shall forfeit the sum of one hundred pounds, to
be recovered in any court of record within this State, at the suit and in
the name of the said trustees, or the survivors or survivor of 'such trus-
tees; which said sum when so recovered, shall be disposed of and applied
by the said supervisors, in like manner as the monies directed to be
raised by this act, are to be applied. -
And be it further enaeted by t/ze aatbority aforesaid, That it shall and
may be lawful for the treasurer of the said county of Columbia, to retain
in his own hands, the sum of three pence in the pound, for his trouble
in receiving and paying out the monies directed to be raised by this act.
CHAP. 75.
AN ACT to enable David Richard Floyd to add the name of
]ones to his sirname.
PASSED the 14th of March, 1788.
WHEREAS David Richard Floyd by his petition to the legislature has
prayed, that the sirname of ]ones may be added to his present name;
therefore,
Be it eizaeted by Me People of tbe State of New Y orb, represented in
Senate and Assembly, and it is bereby ezzaeted by t/ze aatbority of tbe same,
That the sirname of ]ones be and the same is hereby added to the name
of David Richard Floyd, and that at all times hereafter he shall and
may take upon himself the name of David Richard Floyd Jones, and by
the same name shall be known and called in all cases whatsoever.
CHAR 77.] ELEvENTH sEssioN. 799
CHAP. 76. '
AN ACT to prolong the collection of the tax therein mentioned.
' PASSED the 15th of March, 1788.
Be ii‘ eizaez‘ed by the People of [be Slate of New Yor/z, 'epreseizled in Prosecu-
Se/iaz‘e and Assembly, and ii‘ is lzereby mailed by i/ze aal/zorizy of i/ze same, COL
That all suits and proceedings against any collector for neglect of duty lectgl‘sd-Qug
in collecting and paying the tax to be raised and levied by virtue of an pen 6
act entitled “An act for raising monies by tax” passed on the eleventh
day of April one thousand seven hundred and eighty seven, shall be and
hereby are suspended until the last Tuesday in May next; and such of
the collectors respectively as shall on or before the said last Tuesday of
May well and faithfully perform and execute the duties, which accord-
ing to the true intent and meaning of the said act they ought to have
done and performed on or before the ﬁrst day of March shall be ‘and
hereby are fully and effectually indemniﬁed for any and every such
neglect or omission. Provided always that the collectors respectively
who have been prosecuted by virtue of the said act, shall be subject to
the payment of the costs of suit heretofore accrued against each of them
respectively.
And be if farz‘lzer erzaeled by l/ze aaz‘lzoriz‘y aforesaid, That the said Collection
several collectors, be and they hereby are authorized and empowered to of tax-
levy and collect the said tax in like manner as is directed in and by the
said act notwithstanding the time in which the same ought to have been
levied and collected is expired; and the treasurers of the several coun-
ties respectively, shall pay the said taxes so to be collected and paid
into their hands, into the treasury of this State within one month there-
after, any thing in the said act to the contrary thereof in any wise not-
withstanding,
CHAP. 77.
AN ACT for the more effectual collection of the arrears of taxes,
heretofore made receivable in public securities.
PASSED the 15th of March, 1788.
WHEREAS the arrears of taxes directed to be collected, by the act Preamble.
entitled “An act to compel the payment of the arrears of taxes, for
enforcing the payment of ﬁnes and amerciaments, obliging sheriffs to
give security for the due execution of their ofﬁces, and for other pur-
poses,” passed the twenty sixth day of November, one thousand seven
hundred and eighty four, and by the act entitled “An act for the more
effectual collection of the arrears of taxes,” passed the thirty ﬁrst day of
March, one thousand seven hundred and eighty six, have not been fully
collected; A/zd w/zereas the time limited in and by the said last recited
act for collecting the said arrears did expire on the ﬁrst day of January,
one thousand seven hundred and eighty seven; in order therefore, that
the remainder of the said arrears may be fully collected,
Be ii‘ enaeied by file People of Me Stale of New York, represeizled iii Taxlists
Se/zaz‘e and Assembly, and it is lzereby e/zaeled by l/ze aai/zorily of i/ze same, hovgfegeé,
That every person who was a collector in any town within this State, County
and to whom any tax list was delivered, for the purpose of collecting treasurer'
800
LAWS OF NEW YORK. [CHAR 77.
Supervis-
ors to
cause
arrears to
be col-
lected.
Certiﬁcates
receivable
in paynaent
of taxes.
the said arrears in pursuance of the said acts, or either of them, is
hereby strictly enjoined and required, on or before the ﬁrst Monday in
June next ensuing, the passing of this act, to deliver the tax list so here-
tofore unto him delivered unto the treasurer of the county in which he
was a collector, together with an account of the personsnames by whom
such arrears of taxes have been paid, the sum paid by each, distinguish-
ing the payments made in certiﬁcates or public securities, from those
made in gold or silver, or in bills of credit, emitted in pursuance of the
act entitled “An act for emitting the sum of two ‘hundred thousand
pounds, in bills of credit, for the purposes therein mentioned,” and also
an account containing the names of the persons from whom such arrears
of taxes are still due and unpaid, specifying the sum due from each; all
which accounts shall be given on the oath of and subscribed by the per-
son delivering, or causing the same to be delivered.
Ana’ be 2'! fZH‘f/Zé’i’ enarfea’ by f/ze am‘berz'zj/ afm'esaz'a’, That the super-
visors of the respective counties, where any such arrears are due, shall
meet together in their respective counties, on the ﬁrst Tuesday of Sep-
tember next, and then or as soon after as conveniently may be, examine
the books and accounts of the county treasurer, and the accounts of the
respective collectors, so to be delivered as aforesaid; and where they
ﬁnd any sum or sums uncollected, and the persons or estates charged
with the same are sufﬁcient to pay the same, the said supervisors shall
issue or cause to be issued a warrant to the collector for the time being,
of the place where such arrears are due, for the collection thereof; and
where any such arrears have happened in any place, by insolvency of
the person taxed, or for want of effects whereon to levy such taxes, or
by the insolvency or misconduct of any collector or collectors, the super-
visors of the county shall cause all such arrears to be raised, levied and
collected, in such place where such arrears are due, in the same manner
as the proportion of such place, of the necessary and contingent charges
of such county, are raised, levied and collected; and where any such
arrears in any county have happened from any other cause, except
taxes directed to be levied in wheat or other grain, the supervisors of
such county shall cause such arrears to be raised in the same county, in
the same manner as the necessary and contingent charges of the same
county are to be raised, levied and collected. Ana’ furl/lei’, that the
several and respective collectors shall pay the said arrears by them to
be collected as aforesaid, to the respective county treasurers, on or
before the ﬁrst day of ]anuary next, deducting thereout one shilling in
the pound for their fees. And that the respective county treasurers
shall pay the same to the treasurer of this State, on or before the ﬁrst
day of February next, deducting thereout three pence in the pound for
their fees.
And be if fart/zer enacted by z‘be aut/zorz'z‘y aforesaid, That it shall
and may be lawful for the collectors to receive in payment of such
arrears, any of the certiﬁcates” speciﬁed in the ﬁfth section of the act
entitled "An act for the speedy sale of the conﬁscated and forfeited
estates within this State, and for other purposes therein mentioned,"
passed the twelfth day of May in the year one thousand seven hundred
and eighty four, at the rate in the same section mentioned, or any cer-
tiﬁcates” issued or to be issued by the treasurer of this State; but no
interest which may have accrued on any such certiﬁcates, shall be com-
puted or allowed on any such certiﬁcate or certiﬁcates to be paid in
discharge of such arrears; and if any person shall neglect or refuse to
pay such arrears in such certiﬁcates as aforesaid, then it shall be lawful
for the collector to whom the same ought to have been paid by virtue of
CHAP. 78. J ELEVENTH SESSION. 801
this act, to ‘1evy the amount of such arrears, by distress and sale of the
goods and chattels of such delinquent; and upon such sale such collec-
tor shall receive, only gold and silver, or copper money, or bills of credit
emitted in pursuance of the act, entitled “An act for emitting the sum
of two hundred thousand pounds in bills of credit, for the purposes
therein mentioned,” or the bills of credit to be emitted as a substitute
for the same. And every collector shall give the county treasurer a
particular account, upon oath, of all such of the said arrears as shall be
so levied or collected in money, and shall pay the same to the county
treasurer in money. And every county treasurer shall give an account,
upon oath, to the treasurer of this State, of all such parts of the said
arrears as shall be paid to him in money, and shall pay the same to the
treasurer of this State in money.
And a {afar/feet ezzaetea’ oy t/ze aat/iorz'gv aforesaid, That if any former Penalty for
collector in whose custody or power any such former tax list shall be, 52,131,113,
shall refuse or neglect to deliver the same as aforesaid, it shall be lawful list-
for any justice of the peace, upon proof thereof to commit such collector
to goal, there to remain until he shall deliver up such tax list, with such
account as aforesaid.
A no’ oe z'tfart/zer ezzaetea’ oy t/ze aat/zorz'ty aforesaid, That if any super- Penalty for
visor, county treasurer, assessor or collector, shall neglect or refuse to 311%,‘,3’3‘“
perform the duty required of him by virtue or in consequence of this Officer.
act, he shall forfeit the sum of ﬁfty pounds to the people of this State,
to be recovered, by action of debt, or by information in any court of
record. And the attorney general of this State is hereby authorized and
required to prosecute for the said penalties, and to pay the same, when
recovered, into the treasury of this State, for the use of the people
thereof.
And a; it fart/zer enacted 6y t/ze aat/zorz'ty aforesaid, That Where suits Certiﬁcates
have been commenced by the collectors, for the recovery of any of the said arrears, it shall and may be lawful for the several persons against Flo“ of
. Judgments.
Whom such suits shall have been commenced, and where the sums recov-
ered have not been paid, to pay and satisfy, in such certiﬁcates afore-
said, the amount of such judgments (except the costs) obtained or here-
after to be obtained, in such suits, any thing in any former act to the
contrary notwithstanding.
Prov/idea’ always, that nothing in this act contained shall be construed Sgionial
to authorize or empower any collector or other person, to receive in 1,53,23,23,‘;
payment of any such arrears, any bills of credit emitted by the Congress
of the United Colonies, or United States, or by the Provincial Congress
or the convention of this State, or by the legislature of the late Colony
of New York.
CHAP. 78.
AN ACT for the payment of the monies still due for compleating
the court house and gaol in the county of Dutchess.
PASSED the 15th of March, 1788.
WHEREAs it hath been represented to the legislature that there are Preamble.
considerable arrears in the taxes directed to be raised by the several
acts for building and compleating the court house and gaol in the
county of Dutchess, and that by reason thereof, a considerable sum is
still owing to Peter Tappen, one of the superintendants for bulldlng
and compleating the said court house and gaol; therefore,
VOL. 2.— 101
802 LAWS or NEW YORK. [CHAR 79.
Certiﬁcate Be it enacted by the People of tbe State of New York, represented in
of indebt' Senate and Assemb! and it is bereb enacted b t/ze ant/z 't the same
edness to y: y .y 077)’ 0f r
P2381‘ Tap- That the supervisors of the said county, shall, and they are hereby
p ' required, at their annual meeting, to audit the accounts of the said Peter
Tappen, relative to the building and compleating the said court house
and gaol, and ascertain and settle the sum which was due to him, on the
ﬁrst day of January, in the year one thousand seven hundred and eighty-
seven, and the sum so to be ascertained and settled, as due to the said
Peter Tappen, shall be considered as a principal sum, bearing an inter-
est of seven per cent per annum, from the said ﬁrst day of january last
mentioned, until paid; that all monies hereafter to be paid into the
treasury of the said county, as monies levied by virtue of either of the
said acts, shall be deemed as monies, intended for the contingent
expences of the said county; that the said principal sum, and the inter-
est thereof, shall be deemed as part of, and shall accordingly be paid as
the contingent expences of the said county are paid; that the supervis-
ors of the said county, shall from time to time thereafter, at their annual
meetings, cause and direct such sum and sums, as may be necessary for
the payment of the said principal sum, and the interest thereof, to be
raised and levied, together with, and in like manner, as the contingent
charges, and as deﬁciencies in the taxes for such contingent charges are
assessed, levied and raised; and the treasurer of the said county, shall,
out of the monies which shall from time to time, after the passing of this
act, come to his hands, as monies raised for the contingent charges of
the said county, make payments to the said Peter Tappen, in discharge
of the said principal and interest, until the whole shall be paid and sat-
isﬁed in preference to any other payments, except payments to the over-
seers of the poor.
And for the more effectual collection of the arrears of the taxes here—
tofore assessed, for building and compleating the said court house and
aol,
Collectors g Be it fart/cer enacted by tbe authority aforesaid, That the treasurer of
giggled the said county for the time being, shall be vested with the like authori-
to account- ties, for compelling the several collectors to collect the said taxes, and
for compelling them to pay into the treasury of the said county, the sums
by them respectively received, or to be received, as and for the said
taxes, as he is vested with, by the act entitled “An act, for raising
monies by tax,” passed the eleventh day of April, one thousand seven
hundred and eighty seven, with respect to the taxes to be raised by vir-
tue of the said act last mentioned.
CHAP. 79.
AN ACT for the better extinguising ﬁres in the city of Albany.
PASSED the 15th of March, 1788.
Firemen in Be it enacted by the People of the State of New York, represented in
ﬂag? Senate and Assembly, and it is izereby enacted by the authority of the same,
That it shall and may be lawful to and for the mayor, aldermen and
commonalty of the city of Albany, in common council convened, or the
major part of them, to nominate and appoint, a sufﬁcient number of able,
discreet and sober men (willing to accept) not exceeding sixty in num-
ber, of the inhabitants, being freeholders or freemen of the said city, to
e
CHAP. 79.] ELEVENTH SESSION.
803
have the care, management, working and using the ﬁre engines, and the
other tools and instruments, now provided or hereafter to be provided,
for extinguishing of ﬁres within the said city; which persons so to be
nominated and appointed as aforesaid, shall be called the ﬁremen of the
city of Albany; who are hereby required to be ready at all times, as
well by night as by day, to manage work and use the said ﬁre engines,
and other the tools and instruments aforesaid, provided and to be pro-
vided for extinguishing ﬁres in the same city.
And in order that the ﬁremen so to be nominated and appointed as
aforesaid, may be diligent and vigilent in the execution of their duty:
Be it fzirtber enacted by Z/ze aaz‘lzoriz‘y aforesaid, That each of the per- Exemp-
sons so to be nominated and appointed a ﬁreman as aforesaid, shall from
time to time, during his continuance in that office, and no longer, be and
he hereby is declared to be, exempted and previleged from serving in
the ofﬁce of commissioner or overseer of the highways, or constable,
and from being impanelled upon any jury or inquest, and from militia.
duty, except in cases of invasion, or other imminent danger; and that
for this purpose the name of every ﬁreman, to be nominated and
appointed by virtue of this act, shall be registered and entered with the
clerk of the peace of the said city, and his certiﬁcate shall be sufﬁcient
evidence, in all courts and cases, of such privilege and exemption. And
further, that it shall and may be lawful to and for the mayor, aldermen
and commonalty of the said city, in common council convened, or the
major part of them, to remove and displace all or any of the ﬁremen
now appointed, or to be nominated and appointed by virtue of this act,
when and as often as they shall think ﬁt; and others in the room or
places of such as they shall so remove or displace, to nominate and
appoint, and so from time to time, as they the said mayor, aldermen and
commonalty of the said city, in common council convened, or the major
part of them, for the time being, shall think proper.
A nd be it furz‘lzer enacted by t/ze aaz‘lzoriz‘y aforesaid, That it shall and
may be lawful to and for the mayor, aldermen and commonalty of the
said city, in common* common council convened, or the major part of
them, to make, establish and ordain, such rules, orders and ordinances
and regulations, for the government, duty and behaviour of the per-
sons to be by them, from time to time, nominated and appointed ﬁre-
men, by virtue of this act, in the working, managing and frequent exer-
cising, trying and using the same ﬁre engines, tools and other instru-
ments; and to impose and establish such reasonable ﬁnes, penalties and
forfeitures, upon them or any of them, for default or neglect of the
duties and services thereby to be enjoined or required from them, as
the mayor aldermen and commonalty of the same city, in common
council convened, or the major part of them, shall from time to time,
think proper.
And be it furl/ler enacted by i/ze azct/ioriﬁ/ aforesaid, That upon the
breaking out of any ﬁre within the said city, the sheriff, deputy sheriffs,
constables and marshals, then being in the said city, upon due notice
thereof, Shall immediately repair to the place where such ﬁre shall hap-
pen, with their staves and other badges of authority, and be aiding and
assisting, as well in the extinguishing of ‘the said ﬁres, and causing the
persons attending the same, to work, as in preventing any goods or
household-furniture from being stolen at such ﬁres; and the ofﬁcers
aforesaid shall also give their utmost assistance to the inhabitants in
removing and securing their goods and furniture; and in the execution
tions of
ﬁremen.
Regula-
tions gov-
erning ﬁre-
men to be
made.
* So in original.
Duty of
Sheriﬂ'~=
and otn
peace
ofﬁcers.
804
LAWS OF NEW YORK. [CHAR So.
Fire-buck-
ze I] S 1.0
procure.
Firemen in
part; of
town of '
Brooklyn.
of the duties required from them by this act, shall in all respects be-
obedient, to the orders and directions of the mayor, recorder and alder-
men of the said city, or such of them as shall, from time to time be
present at such ﬁres.
And be it fart/rec enacted by t/ze aatborz'ty aforesaid, That it shall and
may be lawful to and ,for the mayor, aldermen and commonalty of the
said city. in common council convened, if they shall deem it necessary
and proper, by a bye-law, or bye-laws, ordinance or ordinances, by them
for that purpose to be made and ordained, to direct and require the
inhabitants or owners of houses and other buildings in the said city, to
furnish and provide themselves with such and so many ﬁre-buckets, to
be ready in their respective houses and other buildings, for the purposes
of extinguishing ﬁres, which may happen in the said city; and to impose
and establish such reasonable ﬁnes, penalties and forfeitures, for every
neglect, default or disobedience thereof, as they the said mayor, alder-
men and commonalty of the said city, in common council convened,
shall think proper.

CHAP. 80.
AN ACT for the better extinguishing ﬁres in the town of Brook~
lyn in Kings county.
PASSED the 15th of March, 1788
Be it enacted by the People of tbe State of New York, represented in
Senate and Assembly, and it is lzereby enacted by t/ze aat/zorz'ty of tbe same,
That it shall and may be lawful, for the freeholders and inhabitants of
the town of Brooklyn in Kings county, residing near the ferry, within
a line to begin at the East river, opposite to, and to be drawn up the
road that leads from the still-house, late the property of Philip Livings-
ton deceased, and including the same still-house, and the other build-
ings, on the south side of the same road, to and across the road leading
from Bedford to the ferry, south of the house of Matthew Gleaves, had
from thence northeasterly, including all the houses on the east side of
the road last mentioned, and east of the powder magazine of Comfort
and Joshua Sands, to the East river aforesaid, and from thence down
the East river, to the place of beginning, at the annual town meeting
of the freeholders and inhabitants of the same town, on the ﬁrst Tues-
day in April in every year, to nominate and appoint, eight able and
sober men, residing within the limits aforesaid, to have the custody,
care and management, of the ﬁre-engine or engines, and the other tools
and instruments, now provided, or hereafter to be provided, for extin-
guishing ﬁres within the'limits aforesaid; and all or any of the persons
so by them to be nominated and appointed, from time to time, at any
annual or other town meeting, to remove or displace, and any other
person or persons, in his or their place and stead to nominate and
appoint; and that the person so to be nominated and appointed, shall
be called the ﬁremen of Brooklyn, and shall be ready at all times, as
well by night, as by day, to manage, work, and exercise the same ﬁre-
engine, or engines, and the other tools and instruments aforesaid, now
provided, and to be provided, for extinguishing ﬁres within the limits.
aforesaid; and shall be subject to such rules, orders and regulations in
their conduct, duty and behaviour, as the freeholders and inhabitants-
of the same town, residing within the limits aforesaid, in town meeting
CHAP. 81.] ELEVENTH SESSION.
805
convened, shall from time to time make and establish, for the better
government of the same ﬁremen; and that such rules, orders and regu-
lations, so to be made as aforesaid, shall also be entered. in the town
book, to be kept by the clerk of the same town.
A no’ oe it fzii't/zer e/zaetea’ oy the aat/iorizy aforesaid, That every person
so to be nominated and appointed a ﬁreman as aforesaid, shall be, and
hereby is declared to be, during his continuance in that ofﬁce, and no
longer, exempted and privileged from serveing in the ofﬁce of overseer
of the highways, or constable, and from being impanelled upon any jury
or inquest, and of and from militia duty, except in cases of invasions or
other imminent danger; and to that end, the names of each person, to
be nominated and appointed a ﬁremen, by virtue of this act, shall be
registered and entered in the town book, to be kept by the clerk of the
same town as aforesaid, and his certiﬁcate of such n mination appointment, shall be sufﬁcient evidence, in all courts and cases, of such
privilege and exemption.
Ana’ zu/zereas the ﬁre engine or engines, now provided or hereafter
to be provided within the limits aforesaid, will want repairs, and it may
be necessary to provide other instruments for the extinguishing ﬁres;
Therefore,
Be it fart/lee eizaetea’ oy t/ze aut/zority aforesaid, That it shall and
may be lawful, for the freeholders and inhabitants of the said town of
Brooklyn, residing within the limits aforesaid, at any town meeting, to
direct such sum or sums of money, as they shall deem necessary and
proper for the purposes aforesaid, to be raised, levied and collected, at
the same time, and in the same manner, as the monies for the mainte-
nance, and support of the poor, within the same town, are by law
directed to be raised, levied and collected, and to be paid into the
hands of the town clerk of the same town, to be by him paid and applied
‘for the purposes aforesaid, at such time and times, and in such manner
as the major part of the ﬁremen aforesaid, shall from time to time direct
and appoint.
CHAP. 81.
AN ACT to prevent the storing of gun-powder, within certain
parts of the city of New York.
PASSED the 15th of March, 1788.
WHEREAS the practice of storing gun-powder within certain parts of
the city of New York, is dangerous to the safety of the said city; there-
fore,
Be it enaeted by the People of t/ze State of New York, represented in
Senate and Assemlzly, and it is ﬁeeeoy eizaetea’ oy t/ze aziZ/zorizj/ of t/ze same,
That it shall not be lawful for any person or persons, to have or keep
any quantity of gun—powder exceeding twenty eight pounds weight, in
any one place, house, store or out house, less than one mile to the
northward of the city hall of the said city, except in the public maga-
zine at the fresh water, which said quantity of twenty eight pounds, shall
be seperated in four stone jugs or tin cannisters, each of which shall
not contam more than seven pounds; and if any person or persons shall
keep any greater quantity than twenty eight pounds, in any one place,
house, store or outhouse, or if the same gun-powder so permitted to be
kept as aforesaid, shall not be seperated in the manner herem above
Exemp_~
tions of
ﬁremen.
Tax levy
for ﬁre
purposes.
Gunpow—
der, stor-
age of. in
New York
city.
LAWS OF NEW YORK. [CHAR 81-
Landing of
gunpowder
from ships.
Cartage of
gunpowder
through
the streets.
Search for
gunpowder
illegally
stored.
directed, he, she or they, shall forfeit all such gunpowder so kept con-
trary to the true intent and meaning of this act, or so permitted to be
kept, and which shall not be seperated as aforesaid; and shall also for~
feit the sum of ﬁfty pounds, for every hundred weight of powder, and in
that proportion for a greater or less quantity, to be recovered, with costs
of suit, in any court having cognizance thereof, by any person or per-
sons who will sue for the same. Provided always, that all actions and
suits to be commenced, sued or prosecuted, against any person or per-
sons, for any thing done contrary to this act, shall be commenced, sued
or prosecuted, within two kalender months next after the offence com-
mitted and not at any time thereafter.
And to avoid dangers from gun-powder laden on board of any ship
or other vessel, arriving from sea.
Be it fart/cer enacted by the az/t/zorizj/ aforesaid, That the commander
or owner or owners of every ship or other vessel, arriving from sea, and
having gun—powder on board, shall within twenty four hours after her
arival in the harbour, and before such ship or other vessel be hauled
along side of any wharf, pier or key, within the said city, land the said
gun-powder, by means of a boat or boats, or other small craft, at any
place on the East river, east of the wharf new building by Thomas
Buchanan, or at any place on the North river, to the northward of the
air furnace, which may be most contiguous to any of the magazines, and
shall cause the same to be stored in one of the magazines now built, or
hereafter to be built for that purpose, on pain of forfeiting all such gun~
powder, to any person or persons who will sue and prosecute for the
same to effect, in manner aforesaid.
And to prevent any evil consequences which may arise from the car-
riage of gun-powder;
Be it fzcrt/zer enacted by the azct/zority aforesaid, That all gun-powder
which shall be carried through the streets of the said city, by carts,
carriages, or by hand, or otherwise, shall be in tight casks, well headed
and hooped, and shall be put into bags or leather cases, and entirely
covered therewith, so that no powder may be spilled or scattered in the
passage thereof, on pain of forfeiting all such gun-powder as shall be
conveyed through any of the streets aforesaid, in any other manner than
is hereby directed; and it shall and may be lawful for any person or
persons, to seize the same, to his or their own use and beneﬁt, and to
convey the same to one of the magazines aforesaid, and thereupon to
prosecute the person or persons offending against this act, before the
mayor, or recorder, and any two aldermen of the said city; and such
gun-powder shall upon conviction, be condemned to the use of the per-
sonor persons seizeing the same.
And be it further enacted by t/ie'aat/zority aforesaid, That it shall and
may be lawful, for the mayor, or recorder, or any two aldermen of the
said city, upon application made by any inhabitant, or inhabitants of the
said city, and upon his or their making oath of reasonable cause of sus-
picion, (of the sufﬁciency of which the said mayor, or recorder, or alder-
men is and are to be the judge or judgesl to issue his or their warrant
or warrants, under his or their hand and seal, or hands and seals, for
searching for such gun-powder, in the day time, in any building or place
whatsoever, within the limits aforesaid, or in any ship or other vessel,
within forty eight hours after her arrival in the harbour, or at any time
after such ship or other vessel shall and may have hauled along side any
wharf, pier or key, within the limits aforesaid; and that upon any such
search it shall be lawful for the persons ﬁnding any such gun-powder,
immediately to seize, and at any time, within twelve hours after such
CHAP. 82.] ELEVENTH SESSION. 807
seizure, to convey the same to one of the magazines aforesaid; and the
same gun-powder, being so removed, to detain and keep, until it shall
be determined by the mayor or recorder and any two aldermen of the
said city, whether the same is forfeited by virtue of this act; and the
person or persons so detaining the same, shall not be subject or liable to
any action or suit for the detention thereof.
Provided always, that nothing in this clause of this act contained, shall
be construed to authorise any person having such warrant, to take advan-
tage of the same, for serving any civil process of any kind whatsoever;
Provided also that nothing in this act contained, shall extend to Ships of
war or packets in the service of the United States or any of them, or of
any foreign prince or State, not to authorize the searching for gun powder
on board of any such ship or vessel while laying in the stream, and
upwards of one hundred yards from the wharf or shore.
And be if ﬂirz‘lier enacz‘ed by l/ze azcl/zoriz‘y aforesaid, That if any gun Gunpow-
' - ' der found
powder exceeding twenty eight pounds, shall be found in the custody of at time of
any person, during any ﬁre or alarm of ﬁre, in the said city, by any ﬁre- ﬁre-
man of the said city, it shall be lawful for him to seize the same, with-
out warrant from the mayor, or recorder, or aldermen, and to cause the
same to be condemned in manner aforesaid to his own use ; any thing
in this act to the contrary notwithstanding.
CHAP. 82.
AN ACT to prevent the destruction of deer.
PASSED the 15th of March, 1788.
Be ii‘ enacled by Me People of i/ze S/az‘e of New Yore, represented in Deer, what
Senaz‘e and Assembly, and ii‘ is lzereby enacted by l/ze aal/zorily of file sanze, gliﬁlilggifﬁ
That if any person or persons shall kill or destroy any wild buck, doe Prohibited-
or fawn, or any other sort of deer whatsoever, at any time in the months
of January, February, March, April, May, June or July, every such per-
son, shall, for every buck, doe or fawn, or other deer, so killed or
destroyed as aforesaid, contrary to .the true intent and meaning of this
act, forfeit and pay the sum of three pounds, to be recovered, with costs
of suit, in any court having cognizance thereof, by any person or per-
sons who will sue and prosecute for the same; the one moiety of which
forfeiture, when recovered, to be paid to the overseers of the poor of the
town or place where the offence shall be committed, for the use of the
poor thereof; and the other moiety to such person or persons as shall
sue and prosecute for the same as aforesaid.
And be iz‘farz‘lzer enacz‘ed by tile azcz‘lzorily aforesaid, That every person Possession
in whose custody Shall be found, or who shall expose to sale any green £55227“,
deer skin, fresh venison or deers flesh, at any time in any of the months gm, evif-
before mentioned, and shall be thereof convicted, before any justice of the gall? 0
peace, by the oath of one credible witness, or by the confession of the
party, shall, unless such party shall prove that some other person killed
such buck, doe, fawn or other deer, be deemed and adjudged guilty of
the said offence.
And in order the more easily to convict offenders against this act;
Be ii‘ fart/zen enacz‘ed by Me azil/zorizy aforesaid, That it shall be law- gigaarrél,
ful for any justice of the peace, in any county ,of this State, and every for skins,
- - - - venison
such justice 18 hereby required, upon demand made by any person, em ’
808
LAWS OF NEW YORK. [CHAR 83.
Hounding
of deer
prohibited.
Former
laws re—
pealed.
Preamble.
Estate of
Mary Ann
Delaplaine
vested in
trustees.
assigning a reasonable cause of suspicion upon oath, (of the sufﬁciency
of which the said justice is to judge) at any time in any of the months
before mentioned, to issue his warrant, under his hand and seal, to any
constable of any town or place in the same county, for searching, in the
day time, in any house, store, out-house or other place whatsoever, where
any green deer skin, fresh venison or deers ﬂesh is suspected to be con-
cealed; and in case any green deer skin, fresh venison, or deers ﬂesh
shall upon such search be found, the person in whose custody the same
shall be found, or who concealed the same, shall forfeit the sum of three
pounds, to be recovered and applied in manner aforesaid.
And be z'tfz/rt/zer enacted by t/zc ant/torily aforesaid, That if any person
or persons shall at any time, hunt, pursue or destroy any wild buck, doc
or fawn or other deer (except in the county of Suffolk) with any blood
hound or blood hounds, beagle or beagles, every such person, shall, for
every such offence, forfeit and pay the sum of three pounds, to be recov-
ered and applied as aforesaid. Provided that nothing in this clause of
this act contained, shall be construed to prevent any person or persons
from making use of any blood hounds, or beagles, in the hunting, pur-
suing or destroying of wolves, or other destructive wild animals.
And be it fart/ter enacted by ﬁre ant/zorz'ty aforesaid, That all former
acts and laws of this State concerning deer, shall be, and hereby are
repealed.
CHAP. 83.
AN ACT vesting the estate of Sarah Ann Delaplaine in the trus-
tees therein named.
PASSED the 15th of March, 1788.
\VHEREAS Sarah Ann Delaplaine by a certain indenture bearing date
the 12th day of March, in the year one thousand seven hundred and
seventy three, did grant, assign and convey, unto john \Vatts, William
Axtell and james jauncey Esquires, a certain bond and mortgage, in the
same indenture mentioned, and also all her share, interest and propor-
tion, of the residuary estate of her father joshua Delaplaine deceased,
upon certain trusts in the said indenture mentioned; and w/zereas all
the estates of the said john Watts, William Axtell, and james jauncey,
have been forfeited to, and are vested in the people of this State ; and
'zo/zereas the said Sarah Ann Delaplaine, by a certain other indenture,
bearing date the second day of the 6th month in the year one thousand
seven hundred and eighty ﬁve, hath granted and assigned, her whole
estate, real, personal, and mixed, unto joseph Delaplaine, Nicholas
Delaplaine, and john Murray junr., all of the city of New York mer-
chants, upon certain trusts in the same last mentioned indenture com-
prised ; and the said last mentioned trustees, have prayed the legislature
that, the whole of the estate of the said Sarah Ann Delaplaine, may be
vested in them, for the beneﬁt of the said Sarah Ann Delaplaine, and
upon the trusts ccntained in the said last mentioned indenture; there—
fore,
Be it enacted by the People of tbe State of New York, represented in.
Senate and Assembly, and it is bereby enacted by t/ze aatborz'zy of tile same,
That the whole estate, real, personal and mixed, of the said Sarah Ann
Delaplaine,‘ shall be vested in the said joseph Delaplaine, Nicholas
Delaplaine, and john Murray junr., as fully as they would have been,
CHAP. 84.] ELEVENTH SESSION.
809
‘I
if the several matters and things conveyed to the said john Watts, Wil-
liam Axtell, and james jauncey by the said ﬁrst mentioned indenture,
had been duly granted, assigned, and conveyed to them, the said joseph
Delaplaine, Nicholas Deleplaine, and john Murray junr., previous to
the attainder of the said john Watts, William Axtell, and james jauncey,
upon security being given to the satisfaction of the chancellor, by the
said joseph Delaplaine, Nicholas Delaplaine, and john Murray junr.,
in such sum as he shall appoint, for their performance of the trusts
speciﬁed in the said last mentioned indenture. A/zd fart/zer, that the
said joseph Delaplaine, Nicholas Delaplaine, and john Murray junr.,
their heirs, executors, and administrators, after such security being
given as aforesaid, may maintain any action or actions, in their own
names or otherwise, as the case may require, for any lands, tenements
or hereditaments, goods, chattles, effects, bonds, obligations, or other
securities, for money, which were so as aforesaid, granted, conveyed, or
assigned, to the said john \Vatts, William Axtell, and james jauncey
by the said ﬁrst recited indenture, and not by them legally sold or
assigned, in whatsoever persons hands the same may now be; and shall
and may recover the same, in like manner, as the said john Watts, Wil-
liam Axtell, and james jauncey, would or might have done, if they had
not been attainted as aforesaid.
CHAP. 84.
AN ACT for the relief of Francis Upton.
PASSED the 15th of March, I788.
WHEREAS Francis Upton claims to be one of the proprietors of a
‘tract of land in the county of Montgomery, formerly granted to Clot-
worthy Upton, and hath petitioned that he may be allowed to discharge
the quit rents due for the said land, and to commute for those to come,
upon such favourable terms as the legislature may think proper; and
'zo/zereas it appears that the said Francis Upton is actually resident upon,
and employed in settling and improving the said lands; therefore
Be it enacted &y the People of t/ze State of New York, represented in
Senate and Asseméty, and it is /iere6y mated by t/ze authority» of Me same,
That it shall and may be lawful for the said Francis Upton, at any time
before the ﬁrst day of May one thousand seven hundred and eighty-
nine, to pay and discharge all quit rents reserved in or upon the original
grant of the said Clotworthy Upton, and due at the time of such pay-
ment, and to commute for the future quit rents that would otherwise be
Preamble .
Francis
Upton
allowed to
commute
for quit
rents.
payable for or upon the same, in like manner as the citizens of this State ‘
are by law entitled to pay and commute for the quit rents due, or to
arise, for or upon their lands, in any public securities issued out of the
treasury of this State; any law to the contrary thereof in anywise not-
withstanding. A/zdfart/zer, that when such payment and commutation
shall be made as aforesaid, the said lands so granted shall be forever
discharged from the quit rents reserved in and by the original grant
aforesaid. Provided always, that upon such payments so to be made by
virtue of this act, no interest whatsoever shall be computed upon the
sums speciﬁed in the public securities so to be paid as aforesaid, but the
same shall be estimated and taken, at and for the principal sums therein
expressed and no more.
VoL. 2. -— 102
810 . LAws or NEW YORK. [CHAR 85.
CHAP. 85.
AN ACT to punish infractions of that article of the Constitution
of this State, prohibiting purchases of lands from the Indians,
without the authority and consent of the legislature; and more
effectually to provide against intrusions on the unappropriated
lands of this State.
PASSED the 18th of March, 1788.
preambm WHEREAs by the thirty seventh section of the Constitution of this
State, reciting, that it is of great importance to the safety of this State,
that peace and amity with the Indians within the same be at all times
supported and maintained, and that the frauds too often practiced
towards the said Indians, in contracts made for their lands, have, in
divers instances been productive of dangerous discontents and animosi~
ties; it is ordained that no purchases or contracts for the sale of lands,
made since the fourteenth day of October, one thousand seven hundred
and seventy ﬁve, or which might thereafter be made with, or of the said
Indians, within the limits of this State, shall be binding on the said
Indians, or deemed valid, unless made under the authority, and with
the consent of the legislature of this State. In order therefore more
effectually to provide against infractions of the Constitution in this
respect;
Land cop- Be it enacted by t/ze People of tbe State of Ne'ze- York, represented in
ifgtigsn‘g‘th Senate and A ssenzbly, and it is lzereby enacted by the aatkority of t/ze same,
prohibited- That if any person shall hereafter, unless under the authority and with
the consent of the legislature of this State, in any manner or form, or
on any terms whatsoever, purchase any lands within the limits of this
State, or make contracts for the sale of lands within the limits of this
State, with any Indian or Indians, residing within the limits of this
State, every person so purchasing, or so making a contract, shall be
deemed to have offended against the people of this State, and shall on
conviction, forfeit one hundred pounds to the people of this State, and
shall be further punished by ﬁne and imprisonment in the discretion of
the court.
sale of And be it fartlzer enacted by the aut/zorizy aforesaid, That every per-
giggled son who shall hereafter give, convey, sell, demise, or otherwise dispose
pnctlier of, or offer to give, convey, sell, demise or otherwise dispose of, any
[1 ran
grams pro lands within the limits of this State, or any right, interest, part or share,
hibited- of or in any lands within the limits of this State, or intrude or enter on,
or take possession of, or settle on any lands within the limits of this
State, pretending or claiming any right, title or interest in such lands,
by virtue, under colour, or in consequence of any purchase from, or
contract for the sale of lands made with any such Indian or Indians as
aforesaid, at any time since the fourteenth day of October, one thou-
sand seven hundred and seventy ﬁve, and not under the authority and
with the consent of the legislature of this State, every such person shall
be deemed to have offended against the people of this State, and shall
on conviction, forfeit the sum of one hundred pounds to the people of
this State, and be further punished by ﬁne and imprisonment in the dis-
cretion of the court.
Intruders And be it fart/cer enacted by t/ce azct/zority aforesaid, That if any per-
3322531?“ sons other than Indians shall, after the passing of this act, take posses—
relative 190- sion of, or intrude, or settle on any of the waste or ungranted lands of
CHAP. 86.] ELEVENTH SESSION.
811
this State laying eastward of the lands ceded by this State to the Com-
monwealth of Massachusetts and westward of the line or lines commonly
called the Line of Property agreed on between the Indians and the
superintendant of Indian affairs, in the year one thousand seven hun-
dred and sixty eight, every person so taking possession of or intruding,
or settling on any such waste or ungranted lands within the limits afore-
said, shall be deemed as holding such lands by a foreign title against
the right and sovereignty of the people of this State, and it shall and
may be lawful for the person administering the government of this State
for the time being, and it is hereby declared to be his duty, to remove,
or cause to be removed from time to time, by such means and in such
manner as he shall judge proper, all persons, other than Indians, who
shall so take possession of, or settle or intrude on any of the waste or
ungranted lands of this State within ‘the limits aforesaid and to cause
the buildings or other improvements of such intruders on such land to
be destroyed; and for that purpose in his discretion to order out any
proportion of the militia from any part of this State, and such an
occasion to be deemed an emergency intended in the second sec-
tion of the act entitled “An act to regulate the militia” passed the
4th day of April 1786, and the detachments so from time to time to
be ordered out, shall receive the same pay and rations and be subject to
the same rules and regulations, as is provided in the said section of the
said act. And for defraying the expences of paying and subsisting the
militia, so from time to time to be ordered out, and of the contingen-
cies to arise in such services.
Be 2'! fart/zer elzaez‘ea’ oy t/ze authority aforesaid, That it shall be lawful
for the person administering the government of this State for the time
being, from time to time, by warrant under his hand, to draw from the
treasurer of this State, such sum and sums of money as he shall deem
necessary, not exceeding two thousand pounds; and the treasurer is
hereby required, out of any monies he may have in the treasury, forth—
with to answer every such warrant; any other appropriation of the
monies in the treasury, except appropriations to private persons in dis-
charge of contracts, notwithstanding. And every person to be appointed
or intrusted by the person administering the government, with the expen-
diture 01 any of the said monies, shall be responsible to the people of
this State for the respective expenditures, and shall account with the
auditor 0t this State accordingly.
CHAP. 86.
AN ACT for raising monies by tax.
PASSED the 19th of March, 1788.
Be 2'! enactea’ by the People of I/ze Sfaz‘e of New York, represented in
Senaz‘e and Assemo/y, and it is IZereoy enactea’ oy Z/ze aaZ/zorz'ly of ﬂu same, £
That there shall be raised and levied within this State the sum of twenty
four thousand pounds; and that the quota of the city and county of
New York of the said sum shall be six thousand ’one hundred pounds;
the quota of the city and county of Albany shall be two thousand nine
hundred and ﬁfty pounds; the quota of the county of Columbia shall be
one thousand two hundred and ﬁfty pounds; the quota of the county of
Dutchess shall be two thousand ﬁve hundred and ﬁfty pounds. the
Militia may
be called
to remove
intruders.
Tax levy of
24,000;
quotas of
the coun—
ties.
812
LAWS OF NEW YORK. [CHAR 86.
Assess-
ment and
collection .
when to be
made.
Duties and
penalties
of public
ofﬁcers.
Assess-
ment,
making of.
Arrears of
former
State tax.
quota of the county of Ulster shall be one thousand seven hundred
pounds; the quota of the county of Orange shall be one thousand two
hundred pounds; the quota of the county of West-Chester shall be one
thousand seven hundred pounds, the quota of the county of Suffolk
shall be two thousand pounds; the quota of Queens county shall be two
thousand pounds, the quota of Kings county shall be nine hundred
pounds, the quota of the county of Richmond shall be four hundred and
ﬁfty pounds; the quota of the county of Montgomery shall be eight
hundred pounds, and the quota of the county of Washington shall be
four hundred pounds
And be zt fart/1e; enacted by t/ze aat/zorz'ty aforesaid, That the super—
visors of the several counties, or the majority of them, shall respectively
meet on the ﬁrst Tuesday of September next, and cause the said respec-
tive quota s assigned to their several counties, to be raised, assessed,
levied and collected. in like manner as the contingent charges of such
counties are usually raised, assessed, levied and collected. And that the
respective collectors of the city and county of New York shall pay the
sums by them severally to be collected to the treasurer of this State, on
or before "the ﬁrst day of March next, deducting eight pence in the
pound for collection. And the respective collectors of the several other
cities and counties of this State, shall pay the sums by them severally to
be collected, to the respective county treasurers, on or before the ﬁrst
day of February next deducting one shilling in the pound for collec-
tion. And that the respective county treasurers. shall pay the respec-
tive quota’s of their counties, to the treasurer of this State, on or before
the said ﬁrst day of March, which will be in the year of our Lord one
thousand seven hundred and eighty nine deducting three pence in the
pound, for their fees.
And be it furt/zer enacted by the authority aforesaid. That the several
judges, justices of the peace. county treasurers, supervisors, assessors
and collectors, shall respectively perform the like duties, exercise the
like powers. and be subject to the same penalties, for neglect or refusal to
discharge vtheir duty. as are directed and prescribed. in and by the act,
entitled, “An act for raising monies by tax," passed the twenty ninth
day of April, in the year of our Lord one thousand seven hundred and
eighty six, proz'zaea always. that the assessors shall specify and rate the
real and personal estate by them to be rated in seperate and distinct
columns. in the assessment rolls. any thing in the said act to the con-
trary notwithstanding.
And be at fart/zer enactea by t/ze aut/zorz'ty aforesaid, That the assessors
of the several cities, towns, manors. precincts, districts and places. in
the several counties and cities aforesaid, shall respectively meet on the
ﬁrst Tuesday of October next, to make the assessment in pursuance of
this act, and shall compleat such assessment, within twenty days after
such meeting, and that the tax rolls shall be delivered to the respective
collectors, on or before the tenth day of November next.
And w/zereas there are some arrears of taxes due from several of the
counties of this State, upon the said act entitled, “An act for raising
monies by tax,” passed the said twenty ninth day of April in the year
one thousand seven hundred and eighty six; therefore,
Be it fart/zer enacted by tile aat/zorz'ty aforesaid. That it shall and may
be lawful for the mayor, recorder and aldermen of the city of New York,
and the supervisors of each of the respective counties of this State,
for the time being, or the major part of them, respectively, and they are
hereby respectively required, when they meet, to cause the tax imposed
by this act to be levied, and at such other times as they shall respec-
CHAP. 87.] ELEVENTH SESSION. 813
tively think proper, to examine and ascertain, what sums remain due
and unpaid of the said tax imposed by the said act, and where they ﬁnd
any sum or sums uncollected, and the persons or estates charged with
the same, are Within the county and sufﬁcient to pay the same, they shall
issue their warrants to the collectors for the time being, of 'the respec-
tive towns and places where such sums remain unpaid, for the collec-
tion thereof; and the respective collectors shall levy and collect and
and pay all such sums at the times, and in the same manner, and under
the same penalties, as they are authorized and required to do, with
respect to the taxes imposed by this act; and where it shall appear that
any such arrears have happened, in any town or place by the insolvency
of any person taxed, or the want of effects whereon to levy such tax, or
by the insolvency, or misconduct of the collector, all such arrears shall
be added to, and be levied, collected and paid with, the proportion of
such town or place, of the tax imposed by this act. Azzd fart/’zer, that
when any such arrears have happened in any city or county. from any
other cause, such arrears shall be added to and be levied, collected and
paid, with the quota of such city or county, of the tax imposed by this
act.
And be it furt/zer eizaeted by t/ze azzt/zoritv aforesaid, That if the mayor, Penalty for
recorder or any alderman of the city of New York, or any justice, super- 33%;? by
visor, county treasurer or assessor, shall neglect or refuse, to perform ofﬁcer-
any of the duties required of him by this act, every such person, so neg-
lecting, or refusing, to perform any such duty, shall forfeit to the people
of this State the sum of ﬁfty pounds, to be recovered in the manner
directed in and by the eleventh section of the said act, entitled “An act
for raising monies by tax,” passed the twenty ninth day of April, one
thousand seven hundred and eighty six.
CHAP. 87.
AN ACT to naturalize the persons therein named.
' PAssED the 20th of March, 1788.
WHEREAS Henry Nash, George Lyon, Azarias Williams, joseph Preamble.
Towers, Thomas Dodds, Henry Lot, George Orff, William Rutledge,
Lot Merkel, Christian Baehr, joseph Corre, james Stewart, William
Austin, Coenraedt Beerigh, john Daniel Fraser, Marin Francis Durand,
William Cheevers, Francis Durand, William Wood, Alexander Marsh
Wood, Patrick Smyth, john Connell, William Lawler, john Van Der
Meulen, Bryan Charles Pritchard, john Blacklock, Francis Conihane,
Martin O’Reily, Arnold Rombergh, Hendrick Teats, Matthew Cowper,
Lucas Senf, Henrick Hose, johannes Helwigh, Adam Berker, August
Mouet, james Cockburn, john George Bloomenberg, Henry Hoffman,
james Bradford, Archibald Kirly, Dominique De Bartzch, john George
Orft, john Zealman, james Palmer, George Suffern, Bernhardt Hudson,
August Mark, Gottlieb Krach, Adam Bower. Andrew Mickell, Michael
Gotthart Kurau, Valentine Wagenaer, Baltzer Strouch, Russel F ore-
man, Henry Fanshaw, Simon Nathan, Aaron Pimental, john Young,
Lyon jonas. George Dilfaort, Michael Nesslar, Myers Regensburgh,
William Wilmerding, C. L. Cammann, and William Alexander, have by
their several petitions to the legislature, prayed to be naturalized; there-
fore,
814
LAWS OF NEW YORK. [CHAR 88.
Persons
named nat-
uralized.
Lands
heretofore
purchased
not to es-
cheat.
Preamble.
Breaking
and defac-
ing mile—
stones,
penalty for.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is lzereby enacted by tlze aut/zority of the same,
That the above named persons. shall be, and they are hereby respectively
naturalized; and snall from and after having taken and subscribed,
in any court of record within this State. the oath of allegiance to this
State, and have abjured and announced all allegiance and subjection,
to all and every foreign king. prince. potentate and State, in all matters
ecclesiastical as well as civil, be deemed citizens of this State, to all
intents, constructions and purposes whatsoever, and that the court in
which any of the persons herein before mentioned. shall be admitted to
take such oath. shall cause an entry thereof to be made in the minutes
of the said court, and shall give a certiﬁcate to such persons respect-
ively, purporting that such person hath been admitted to such oath, in
the said court in pursuance of this act; and such persons, upon taking
such oath, shall respectively pay to the judges of such court six shillings,
and to the clerk thereof three shillings.
And be it furt/zer enacted by t/ze ant/rarity aforesaid, That no lands,
tenements or hereditaments, in this State heretofore purchased by any
of the persons herein before named, shall escheat to the people of this
State, by reason or on account of such person’s then being an alien;
but all such lands, tenements and hereditaments, shall vest in such pur-
chaser, in the same manner, as if such purchaser had been naturalized.
at the time of such purchase; any law to the contrary notwithstanding.
Provided alzciays, that such of the persons above named and hereby
naturalized, as shall not take the oath of allegiance and abjuration
aforesaid, in manner herein before directed, within twelve calender
months, next after the passing of this act, shall have no manner of beniﬁt
by this act; any thing herein contained to the contrary notwithstanding.
CHAP. 88.
AN ACT to prevent breaking and defacing mile-stones and pub-
lic monuments.
PASSED the 20th of March, 1788.
WHEREAS the erection of mile stones, hands, pointers and other mon-
uments, for the direction of travellers along the public roads, greatly
contributes to the convenience of such travellers; therefore, _
Be it enacted by t/ze People of the State of New York, represented in
Senate and Assembly, and it is kereby enacted by the authority of the same,
That it any person or persons shall remove. or willfully break, deface, or
in any wise damage, any of the mile stones, hands. pointers. or any other
monument already erected or put up, or hereafter to be erected or put up
within this State, for the direction of travellers, the person or persons
so removing or willfully breaking, defacing, or in any wise damaging
any of the said mile stones, hands, pointers, or any other monument,
shall forfeit and pay the sum of three pounds, for every mile stone,
hand, pointer or other monument so removed. broken. defaced or other-
wise damaged; to be recovered, with costs of suit, in any court having
cognizance thereof. by any person or persons who will sue and prose-
cute for the same; the one moiety of which forfeiture, when recov—
ered, to be paid to the person or persons suing and prosecuting
for the same to effect; and so much of the other moiety, as may be
'CHAP. 89.] ELEVENTH SESSION. 815
necessary for that purpose, to be applied to repairing the damage done,
and the residue, if any there be. to be paid to the overseers of the poor
of the city or town where the offence shall be committed, for the use of
the poor thereof; and if any person or persons convicted of any of the
offences herein mentioned, shall refuse or neglect to pay such forfeiture,
he, she or they so convicted, shall be committed to the common gaol
of the county, there to remain without bail or mainprize for the space
of thirty days, unless such forfeiture shall be sooner paid.
CHAP. 89.
AN ACT to extend the powers of the commissioners of the land
ofﬁce to the cases therein mentioned, and for other purposes.
PASSED the 20th of March. 1788.
WHEREAS by the second proviso to the nineteenth section of the act Preamble.
entitled “An act for the speedy sale of the unappropriated lands within
this State, and for other purposes therein mentioned " passed the ﬁfth
day of May, one thousand seven hundred and eighty six, every person
intitled to the beneﬁt intended by the said section of the said act was
directed to make application therefor, to the commissioners appointed
by the said act. within six months after passing of the said act. Ana
whereas so great a part of the said time was elapsed before the said act
was printed, that many of the persons for whose beneﬁt the said section
was intended could not avail themselves thereof, therefore.
I. Be it etzaetezt oy t/ze People of the State of New York, represented in Grants of
‘Senate and Assemoty, and it is hereoy enaetea’ oy t/ze authority of ﬂu same, 1323:" how
That it shall and may be lawful, to and for the commissioners appointed
by the said act, to make grants of unappropriated or ungranted lands in
manner directed by the nineteenth section of the said act passed the
ﬁfth day of May, one thousand seven hundred and eighty six. Provided
that application to the said commissioners for such grant, be made on or
before the ﬁrst day of January next ensuing the passing of this act.
Amt zo/zereas adverse claims are made by persons who have heretofore
located unappropriated or ungranted lands. by virtue of the laws of this
State, authorizing locations of land, and others claiming the beneﬁt of
the third section of the act entitled “An act to prevent grants or loca-
tions of the lands therein mentioned' passed the 25th day of July, one
thousand seven hundred and eighty-two. and of the proviso annexed to
the said third section, and no mode is directed by the said act or any
other act for the conduct of the surveyor general, and of the said com-
missioners in such cases, for remedy whereof,
II. Be it fart/ter enaetea’ oy t/ze aut/zorzty aforesaid, That where any Adverse
unappropriated or ungranted. lands have heretofore, or hereafter shall glzié‘gg‘for
be located by any person or persons, if such lands were occupied and how deter-
_ - - _ - mined.
possessed, on or before the passing of the said act last mentioned, by
the present occupant or possessor, or by any person who is the heir or
legal representative of any original occupant or possessor, if such orig-
inal occupant or possessor did not go off to, or join the enemies of this
State during the late war, then the lands so occupied and possessed shall
not be granted to the person or persons having located the same; but
if it shall appear. that the lands so located were originally occupied by
the person or persons so locating the same. or that the present occupant
816
LAWS OF NEW YORK. [CHAR 89-
Payments
into treas-
ury.
Military
locations.
Indian
lands.
urveyal of
located
lauds.
did not, on or before, the twenty ﬁfth day of july, one thousand seven
hundred and eighty-two, actually occupy and possess the same; that he
is not the heir or legal representative of the original occupant; that
being such heir or legal representative, the original occupant did go off
to, and join the enemies of this State during the late war, that then and
in either of these cases, the lands so located, shall be granted to the
person or persons having so located the same, or to his or their legal
representatives; and in order to enable the commissioners aforesaid to
determine, to which of the claimants a grant shall pass, for such lands
so located or occupied, the surveyor general shall, at the request of the
person or persons having located such lands, or at the request of the
occupant, return a survey of the lands so in controversy, to the said
commissioners, who shall cause a notice to be served on the adverse
party, and shall appoint a day to hear the said parties, and their respect-
ive evidences; and having so heard, shall determine agreeable to law,
to which of the parties such lands shall be granted, and shall accord-
ingly direct the same to be granted, any thing in any law of this State to
the contrary notwithstanding.
III. And be it furt/zer enacted by t/ze azct/zoriij/ aforesaid, That previ-
our to the passing of any grant to such occupant as aforesaid, he shall
produce a receipt from the treasurer of this State, that he has paid to
the said treasurer, at the rate of one shilling per acre, for every acre
contained in the tract for which he is to obtain such grant as aforesaid,
in any certiﬁcates signed by Gerard Bancker as treasurer of this State.
IV. And be it further enacted by t/ze aat/zority aforesaid, That all per-
sons having military certiﬁcates on bounties of unappropriated lands,
shall make their respective locations by virtue of such certiﬁcates on or
before the ﬁrst day of july, which will be in the year one thousand
seven hundred and eighty nine; and that no location shall be made by
virtue of any such certiﬁcate from and after the said ﬁrst day of july
in the said year one thousand seven hundred and eighty nine, provided
that no such location which shall have been made on any lands, which
were the property of the Oneida, Onondaga, Cayuga, Tuscarora or Seneca
nations of Indians, or of any of them, on the ﬁrst day of january in the
year one thousand seven hundred and eighty ﬁve, shall take effect, unless
such location shall have been made before that day, and unless also the
Indian right to such lands shall by a cession in any form from the
Indians to the people of this State be extinguished before the ﬁrst day
of july one thousand seven hundred and eighty nine. And fart/zer,
that if the Indian right to such lands, shall be so extinguished, the tract
of land set apart for the use of the troops of this State, by virtue of the
ﬁrst section of the act entitled “An act to prevent grants or locations of
the land therein mentioned” passed the 25th day of july, one thousand
seven hundred and eighty two, shall be then appropriated to the use of
such troops, instead of the lands now appropriated to such use, by virtue
of the act entitled “An act for the speedy sale of the unappropriated
lands within this State and for other purposes therein mentioned,”
passed the 5th day of May 1786.
V. And be it fart/ter enacted by ﬁre ant/zority aforesaid, That all persons
who are now entitled to letters patent for any lands, shall cause the
same to be surveyed at their own expence respectively, by the surveyor
general or one of his deputies, and shall sue out such letters patent on
or before the ﬁrst day of March next. And fart/zer, that all persons
who shall, after the passing of this act, become entitled to letters patent
for any lands, shall cause the same to be surveyed at their own expence
respectively, by the surveyor general or one of his deputies, and shall
CHAP. 89.] ELEVENTH SESSION.
817
' ers shall deem proper.
sue out such letters patent within one year from the time they shall
respectively become entitled thereto, or in default thereof that they for-
feit their respective rights to such letters patent. and that the lands shall
be accordingly grantable to others. Provided always that if the persons
entitled to letters patent, shall respectively make it appear, to the satis-
faction of the commissioners of the land ofﬁce. that the lands could not
be surveyed within the period for that purpose hereby limited, it shall
be in the discretion of the commissioners to grant such farther time, and
from time to time, to the said several persons, for making the respective
surveys, as they shall deem reasonable.
VI. And be it fart/zer erzaeted by t/ze azzt/zority aforesaid, That all per-
sons having made locations by virtue of military certiﬁcate on any lands
lying within the town of Chemung, shall cause the same lands to be sur-
veyed. at their own expence respectively by the surveyor general or one
of his deputies before the ﬁrst dav of july next.
And zeI/zereas Timothy Church, Israel Smith, Samuel Bixby and Wil-
liam White, four of the persons deemed to be entitled to lands, in the
tract appropriated for the use of the persons who have suffered in
opposing the pretended government of Vermont, have caused the said
tract and the several allotments therein, to be surveyed and run out,
and have actually paid, and remain liable to pay monies, as and for the
expences of such survey, therefore
VII. Be z'tfartlzer enaeted by tbe aut/zorizy aforesaid, That it shall and
may be lawful for the commissioners of the land ofﬁce, to examine the
accounts of the said Timothy Church, Israel Smith, Samuel Bixby and
William White, of the expences incurred by them, in and about such
survey, and ascertain the amount thereof as the commissioners shall
deem just and reasonable, and such amount shall be, and hereby is
declared, charged on the whole of the lands so appropriated as afore-
said, and the several persons to whom grants of any of the lands so
appropriated as aforesaid. shall have been. or shall be ordered to issue,
shall before they shall be entitled to receive their grants, either pay to
the secretary of the State for the use of the said Timothy Church, Israel
Smith, Samuel Bixby and William White, the respective proportions of
the said grantees, of such amount of the expences of the said survey,
according to the number of acres granted to the said grantees respect-
ively, or produce to the secretary, receipts from the said Timothy
Church, Israel Smith, Samuel Bixby and William \Vhite, or either of
them, to them the said several grantees for the amount of the sums to
be paid by them, as their respective proportions of the said expences.
That where allotments in the said tract have been allotted to two or
more persons, it shall be lawful for the commissioners to grant to the
several persons, their respective parts in severalty, as the commission-
That it shall be lawful for the commissioners,
to order a grant to issue to William Guthrie, William Guthrie junior and
Reuben Kirby, for allotment number eighty one in the tract aforesaid,
and that allotment number seventy ﬁve be deemed as allotted to Thomas
Baker and Samuel Bixby instead of the said allotment number eighty
one. That it shall be farther lawful for the commissioners to issue a
grant to Philip Frisbee, Samuel Frisbee, Philip Frisbee junior, Ephraim
Guthrie, Eben Landers, Seth Stone, Goold Bacon, Heman Stone,
Nathaniel Benton junior, joseph Landers and Roderick Moore, and
such persons as shall be associates of the said eleven persons last
named, allotments number forty ﬁve and sixty one, and they the said
William Guthrie, William Guthrie junior, Reuben Kirby, and the said
Philip Frisbee, Samuel Frisbee, Philip Frisbee junior, Ephraim Guthrie,
VOL. 2. -— 103
Chem ung,
town of.
Surveyal 01’
lands for
Vermont
settlers,
expense of.
818
LAWS OF NEW YORK. [CHAR 90.
Nutten or
Governor‘s
island.
Grant to
John
Garnsey.
Certiﬁcates
not receiv-
able.
‘Commis-
sioners of
forfeitures,
ofﬁce abol-
ished; sur-
veyor-gen-
.eral to act.
Eben Landers, Seth Stone, Goold Bacon Heman Stone, Nathaniel Ben-
ton junior, Joseph Landers and Roderick Moore, and their associates
shall pay into the treasury of this State in any public securities signed
by the treasurer of this State, at the rate of one shilling and three pence
per acre for the lands to be granted to them respectively, and to be paid
before they shall severally be entitled to receive their respective grants.
That where grants for any lands within the tract aforesaid have been,
or shall hereafter be ordered or directed to issue, if the several grantees
shall not within such reasonable time, as the commissioners shall from
time to time assign sue out their respective grants it shall be in the
discretion of the commissioners to order and direct the surveyor gen-
eral to sell such lands, and to direct grants to issue to the respective
purchasers as is provided in other cases of lands to be sold by the sur-
veyor-general.
VIII. And he it further matted hy the authority aforesaid, That the
commissioners of the land ofﬁce shall direct the surveyor general to
survey the island, commonly called Nutten Island, or Governor’s Island,
and to lay out the same into lots not exceeding two acres each, with
such lanes or streets as the commissioners shall deem proper, and shall
direct the surveyor general to sell the said lots in such manner as he is
required to sell unappropriated lands, by the act for the speedy sale of
unappropriated lands” passed the ﬁfth day of May in the year one
thousand seven hundred and eighty six; and that on such sales, no
public securities, other than such as are signed by the treasurer or audi-
tor of this State shall be received in payment ana’pro'oz'a’ezt further, that
it shall be in the discretion of the commissioners, to direct such parts
of the said island as they shall deem proper to be reserved for fortiﬁ-
cations, to remain unsold.
IX. A 12a’ he it further enacted by the authorz'zj/ aforesaz'o', That it shall
be lawful for the commissioners of the land ofﬁce, to issue a grant to
~Tohn Garnsey of the lands located by him in the tract purchased from
the Indians in the year one thousand seven hundred and eighty ﬁve, or
of such vacant lands near or adjacent to the lands so located, as shall
be equal to the quantity of land which he was entitled to locate.
X. And he it further e/zaetea’ hy the authority aforesaid, That no cer-
tiﬁcates issued either by William Denning, joseph Bindon, jonathan
Burrel, John Pierce Joseph Pannel, or Edward Fox shall be received in
payment for any lands hereafter to be sold by order of the commission-
ers of the land ofﬁce. -
CHAP. 90.
AN ACT relating to the forfeited estates.
PASSED the 2rst of March, 1788.
Be it enaetea’ by the People of the State of New Yorh, represented 2.”
Senate and Assemhty, and it is herehy mated by the authority of the same,
That the ofﬁce of commissioner of forfeitures within this Statg shall
cease, on the ﬁrst day of September next; and that all the real estates
forfeited to the people of this State and thereafter to be sold or disposed
of shall be sold and disposed of by the surveyor general of this State,
for the time being, who shall for that purpose be vested with the same
authorities as are now vested in the commissioners of forfeitures; that
the form of the conveyance to be executed by the surveyor general Shall
be as follows, vizt.
CHAP. 90.] ELEVENTH SESSION. 819
“ To all to whom these presents shall come, I, ‘, surveyor gen- Form of
eral of the State of New York, send greeting; KNOW YE, that by virtue
of the authority vested in me by the laws of the said State, and in con-
sideration of the sum of I have granted, bargained, sold,
enfeoffed and conﬁrmed, and by these presents do grant, bargain,
sell, enfeoff and conﬁrm, unto all the estate, right, title and
interest of the people of the said State, of, in and to [here describe the
lands or tenements] TO HAVE AND TO HoLrxthe premisseshereby granted,
bargained, sold, enfeoffed and conﬁrmed, to the said heirs and
assigns, to the proper use and behoof of the said heirs and
assigns forever IN TESTIMONY WHEREOF I have hereunto set my hand
and seal the day of in the year of our Lord
and in the year of the independence of the said State.
That all the estate, right, title and interest, both at law and in equity,
whether in possession, reversion or remainder, and which in consequence
of the attainder or conviction of any person hath become forfeited to,
attached or vested in the people of this State, of in or to the lands or
tenements in the respective conveyances mentioned, shall by virtue of
such respective conveyances, pass to and vest in the respective grantees,
their heirs and assigns; and they shall respectively maintain any action
for the recovery of the lands and tenements, any actual seisin or pos-
session thereof in any other person notwithstanding; and such convey-
ance shall be deemed to operate as a warranty from the people of this
State, for securing to the respective grantees, their heirs and assigns,
the lands and tenements by such conveyances respectively conveyed.
A 12a’ he it further eﬂaetea’ h] the authority aforesaid, That the com mis- Maps and
sioners of forfeitures, shall, as soon as conveniently may be after the 82%;?”
said ﬁrst day of September next, deliver to the surveyor general, for the :Ygtgsugh
time being, all the maps, papers, conveyances and other documents, in erzil; (gm-
their possession respectively, as commissioners as aforesaid, in any wise Eirtolggfted
relating to forfeited estates; that in all cases where the surveyor gen-
eral, be having the opinion and advice of the attorney general, shall
deem forfeited lands to be subject to or incumbered with claims or
controversy, and in all cases where he shall deem the people of this
State to have a less interest than the absolute property in the whole of
the lands, it shall be lawful for him notwithstanding to sell such lands;
but it shall be his duty in such cases, at the time and place of sale, and
for at least three hours before the sales, to afﬁx in some public and
convenient place there, a writing containing a state of all the material
facts and circumstances relating to such claim or controversy, or relat—
ing to such interest of the State, as far forth as the same shall have
come to his knowledge; to the end that all persons who shall be then
and there attending with intent to purchase, may be informed of such
claim or controversy, and of the nature and extent of the interest of the
State in the lands; but the conveyance in such cases shall not be deemed
to operate as a warranty from the people of this State; and there shall
accordingly be inserted in the conveyance immediately before the words
“ IN TESTIMONY ” the words following viz. “ These presents however
are in no wise to operate as a warranty.”
And he it further ehaez‘ea’ hy the authority aforesaid, That in all sales Securities
of forfeited estates hereafter to be made, no other public securities, rece‘vable'
except such as are signed by the treasurer or auditor of this State, shall
be received in payment.
Ana’ whereas, notwithstanding the length of time given by the legisla-
ture of this State, to such as were indebted to persons whose estates
have been forfeited as aforesaid, to pay the said debts into the treasury
820 LAWS OF NEW YORK. [CHAR 90.
in public securities there is reason to believe that many of the said
debtors have withheld such payment, and not availed themselves of the
beneﬁt intended them by such provision; therefore,
Debts due Be it fnrt/zer enacted by t/ze ant/rarity aforesaid, That if any person
g‘gtgjalfigc'ff shall at any time after the ﬁrst day of November next, apply to the
treasurer of this State, and produce to him a bond, bill, or other con-
tract, being the evidence of a debt, and made or executed to any person
attainted, or convicted of adhering to the enemies of this State, and if
the debtors shall not theretofore have made any payments into the treas-
ury, as payment on such bond or other contract, or having made a pay-
ment or payments, shall not have paid to the full amount of what such
debtor ought by law to have paid in order to be wholly discharged from
such bond or other contract, it shall be lawful for such applicant to pay
into the treasury in any public securities issued from the treasury, the
amount of what shall appear to be due on such bond or other contract;
and where any payment or payments in part hath or have been made
into the treasury by the debtor, the amount of such payments in part
shall in such cases be deducted from what would otherwise have been
due on such bond or other contract, and the treasurer shall thereupon
indorse, on such bond or other contract, a certiﬁcate of such payment
by such applicant, and such applicant, his or her executors or adminis-
trators, shall thereupon by virtue of this act, have an action in his or
their own name or names, against the debtor or debtors, his her or their
heirs, devisees, executors or administrators, for the recovery of the sum
so certiﬁed to have been paid into the treasury by such applicant, with
lawful interest for the same, from the time of such payment. Provided
that in computing whatever may be due on such bond or other contract,
no interest shall be deemed as having accrued between the ﬁrst day of
january, in the year one thousand seven hundred and seventy six, and
the ﬁrst day of january in the year one thousand seven hundred and
eighty four.
And to the end that the debtors and their heirs, devisees, executors
and administrators, may be compleatly indemniﬁed against suits on such
bonds or other contracts, in foreign judicatories;
1d, Be it fnrt/zer enacted by ﬁre az/t/zorily aforesaid, That the plaintiff, in the
case of such recovery as last aforesaid, shall not be entitled to an execu-
tion, unless he or she shall ﬁrst have delivered to the clerk of the court,
where the recovery shall be had, the bond or other contract, and which
shall thereafter remain ﬁled in the ofﬁce of such clerk. Prozn'dedala/ays,
Id. And be it fnrt/zer enacted by Me ant/zority aforesaid, That nothing in
this act contained, shall extend to any bond, bill or other contract or
the monies due thereon where one or more of the co-obligors have since
the war or do now reside within the dominions or territories of the king
of Great Britain, or to any debts due from the persons who have been
inhabitants of this State from the ﬁrst day of january in the year one
thousand seven hundred and seventy six, until the present time, and
who have been well attached to the freedom and independence of this
State, and actual sufferers by the late war, to any person or persons who
have been convicted or attainted as aforesaid, if such debts when con-
tracted did not respectively amount to upwards of ﬁfty pounds each;
but that all such debts not exceeding the said amount as aforesaid, shall
be and are hereby remitted and forever discharged, unless due to joint-
partners or trustees, where one or more of the partners or the cestui que
trust have not been attainted or convicted.
Final Set- And be it fart/zer enacted by the ant/rarity aforesaid, That the treasurer
21123;?“ of this State, for the time being, shall and may on or before ﬁrst day of
CHAP. 90.] _ ELEVENTH SESSION. 82l
November next, cause advertisements to be printed in two or more of against
the newspapers printed in this State, notifying all persons having claims ggggggd
against any forfeited estates, that he Wlll at a certain day to be speciﬁed
in the said advertisements, not less than four months, nor more than six
months, after the publication thereof, proceed to a settlement of the
said estates, and the several claims thereupon that shall be produced to
him, liquidated according to law. And the said treasurer shall andmay
at the time speciﬁed in such advertisements, or as soon after as may be,
adjust the several claims upon the said estates; and if the amount of
any of the said estates shall be equal to the payment of the liquidated
claims upon the same, then the said treasurer shall immediately proceed
to give his certiﬁcates for the amount of such claims respectively, in the
manner directed by the act entitled “An act for the speedy sale of the
conﬁscated and forfeited estates within this State and for other purposes
therein mentioned,” altho the sale of the said respective estates shall
not have been closed, in the manner prescribed in and by the said last
mentioned act.
And *zo/zereas several of the persons who are attainted or convicted of
adhering to the enemies of this State during the late war, and whose
estates have been conﬁscated, were trustees or executors, and had taken
bonds or obligations and other securities for monies in their own names
only, or jointly with others, for debts due to innocent persons; and
w/zereas it may be doubted whether by operation of law such debts
would not be forfeited to the people of this State, by such attainders or
convictions; therefore,
Be it fart/zer eizaeted by t/ze ai/t/zority aforesaid, That in all cases Bonds to
where it shall appear that any bond or obligation, or other security for money, was taken as aforesaid, by any person or persons whose estates tl'ltllstfor
have been so as aforesaid forfeited, as executors, or in trust for any 0t ers'
other person not convicted or attainted as aforesaid, then and in every
.such case such debts shall not be forfeited or considered as forfeited to
the people of this State, but the like actions shall and may be main-
tained upon the same bonds, obligations and other securities for money,
taken by the said person or persons jointly with another or others, as if
the said convicted or attainted person had not been named in such
bond, obligation or other security for money; and that it shall not be
necessary to name or notice the said convicted or attainted person or
persons, in any writ, plaint, process or other proceeding whatsoever, that
shall or may be brought for the recovery of the said debts. And far-
t/ier, That if such attainted or convicted person or persons, was or were
named alone in any such bond or obligation, or other security for
money, then the cestui que trust, and his or her executors or adminis-
trators, shall be, and is or are hereby enabled to bring and maintain an
action upon the same, in his, her or their own name, or names, and
declare as upon a bond, obligation or other deed or contract, made to
the said convicted or attainted person or persons, in trust for him, her
or them, or his, her or their testator or intestate, as the case may be;
any law, usage or custom to the contrary thereof, in any wise notwith-
standing.
And for the relief of joint-partners, and persons who may have been
joint-creditors with persons convicted or attainted as aforesaid;
Be it furt/zer eizaeted by tbe autlzority aforesaid, That it shall and may Joint: cred-
be lawfull for any such joint-partners or creditors, not convicted or 133:8 one
attainted, to bring and maintain any action or actions in their own name is attainted
or names, for any sum or sums due upon any bond, bill, covenant, agree—
ment or contract whatsoever, made to him, her or them, and any other
LAWS OF NEW YORK. [CHAR 91.
Preamble .
Convey—
ances to be
made by
commis-
person or persons, who shall or may have been convicted or attainted
as aforesaid, suggesting in the declaration, or some other proceeding in
the said action, _in general terms, that the said person or persons had
been convicted or attainted of adhering to the enemies of this State;
and the plaintiff or plaintiffs in any such actions shall and may recover
in like manner, as if the said convicted or attainted person or persons
had been naturally dead, on the ninth day of July in the year one thou-
fand seven hundred and seventy six; any law, usage or custom, to the
contrary thereof, in any wise notwithstanding. Prow'ded always,
And be it farther e/zaeted hy the authority aforesaid, That the part or
share of the person or persons so as aforesaid, convicted 0r attainted, in
any debt or sum of money, that shall be so as aforesaid recovered by
virtue of this law, shall be considered as a debt due to the State, from
the person or persons recovering the same, and be payable into the treas-
ury of this State, in like manner as other debts to the State are or shall
be made payable by law, unless the person or persons so recovering the
same, shall be liable for the debts of the copartnership, in which case,
upon his, her or their ﬁling a bill in the court of chancery of this State,
disclosing the circumstances of the case, and- making the attorney gen-
eral, for the time being, a party thereto, the said court may give such
relief, as shall appear to be equitable.

'oHAP. 91.
AN ACT to empower the commissioners of forfeitures for the
western district of this State to convey the lands therein men-
tioned to the present possessors.
l
PASSED the zrst of March, 1788.
WHEREAS it hath been represented to the legislature, that Oliver
Delancey James Jauncey, Goldsbrow Banyar and Peter Remsen, were
interested in equal proportions in certain lots of land comprehended in
a patent of two thousand acres of land granted to Henry Cosby, situate,
lying and being in the now county of Montgomery; and whereas it has
been further represented that the said, Oliver Delancey, James Jauncey,
Goldsbrow Banyar and Peter Remsen, had agreed for the sale of the lots
herein after mentioned, that is to say, lot number two, for the considera-
tion of one hundred pounds; number three, for the like consideration
of one hundred pounds; part of number ﬁve, for the consideration of
eighty pounds; and the other part thereof for the like consideration of
eighty pounds; part of number six, for the like consideration of eighty
pounds; part of number seven for the like consideration of eighty
pounds; part of number eleven, for the like consideration of eighty
pounds; part of number twelve, for the like consideration of eighty
pounds, and the other part thereof for the like consideration of eighty
pounds: And whereas the shares of the said Oliver Delancey and
James Jauncey in the said tract of land, have by their attainder respec—
tively become forfeited to the people of this State: And whereas appli-
cation hath been made to the legislature, to make provision for vesting
the title of the people of this State to the one undivided moiety of the
said lots of land in the present possessors thereof;
Therefore, he it enacted hy the People of the State of New York, repre-
sented in Senate and Assemhty, and it is herehy enacted by the authority of
the same, That upon payment being made into the treasury of this State,
CHAP. 92.] ELEVENTH SESSION.
823
at any time before the ﬁrst day of August next by the present possessors sioners of
forfeitures
of the lots, and parts of lots, of land herein before mentioned, of the forwesnem
amount of one half of the said consideration money of the said lots or district?-
parts of lots of land respectively, in public securities signed by the
treasurer of this State upon which securities no interest is to be allowed
and upon their respectively producing to the commissioners of forfeit-
ures for the western district of this State, a receipt or receipts from the
treasurer of this State, for such payment or payments, it shall be lawful
for the said commissioners, and they are hereby authorized and required,
to convey to each of the present possessors, and to the heirs and assigns
of such possessor, of either of the said lots or parts of such lots of land,
all the part and proportion of the people of this State, in and to such
lot or lots of land, for which the consideration shall be so paid.
And the said commissioners of forfeitures are hereby authorized to
convey to any other person or persons in possession of any other lot or
lots in the said tract of land, (the whole or part whereof may have been
forfeited to the people of this State by the attainder of the said Oliver
Delancey and james jauncey) all the part and proportion of the people
of this State, in and to such lots of land, upon payment of an adequate
consideration for each lot in proportion to the interest of the people of
this State therein. But no such conveyance as aforesaid shall operate
as a warranty against the people of this State; and the commissioners
of forfeitures shall in every conveyance to be executed by them, in con-
sequence of this act, immediately before the words, “ In witness,” insert
the words, “ These presents however are in no wise to operate as a war-
ranty, ’
CHAP. 92.
AN ACT for giving relief in cases of insolveiicy.
PAssED the 2rst of March, 1788.
WHEREAS many of the creditors of unfortunate, but honest insolvent preamble,
debtors, incline to give such debtors a general discharge, on the delivery
of their effects, but are prevented in their humane intentions, by some
of the creditors, to the injury of the rest, and to the prejudice of trade;
for remedy whereof, -
Be it elzaetea’ hy the People of the State of New Yor/e, represented in
Senate and Assemh/y, and it is hereby e/zaetea’ hy the authority of the same,
That it shall be lawful for any debtor, who now is, or hereafter shall
become insolvent, in conjunction with so many of his or her creditors,
or the attorney or attornies of any creditor. in cases where the principal
of such attorney or attornies, resides without the State, who have or
shall have debts bona ﬁde owing to them by such insolvent, amounting
at least to three fourths of all the money owing by such insolvent,
whether the same be then due, or to become due, and payable there-
after, in order to obtain a general discharge, to present a petition to the
chancellor of this State, or to any one of the justices of the supreme
court, or to any one of the judges of the court of common pleas, pray-
ing that such insolvent’s estate may be assigned and such insolvent dis-
charged according to this act
Protiia’ea’ that no person shall become a petitioning creditor, who may
have purchased or procured to be assigned to him or her, any debt or
debts due and owing, or to become due and owing by such insolvent,
Discharge
of insolv-
ent debtor
on petition
of creditcrs
824 LAWS or NEW YORK. [CHAR 92.
except for so much only as was actually and bona ﬁde given for the
debt, so purchased or procured. _
Secured And be it fZH'l/lé’l’ enacted by t/ze ant/rarity aforesaid, Th at any person or
3263331,‘: persons having any mortgage, judgment, assignment, or other real secur-
allqwed as ity, of, or upon any lands, tenements, hereditaments, goods or chattels,
pemwners or thing or things in action whatsoever, either to such person or persons
or to any other or others in trust for such person or persons, for secur-
ing the payment of any sum or sums of money, from such insolvent,
shall not for such sum or sums, become, or be considered a petitioner,
in favour of such insolvent, unless such person or persons shall upon
signing the petition aforesaid. add to his or her name subscribed to the
same petition, a declaration in writing that he or she doth thereby
relinquish, and give up to the assignee or assignees, to be appointed as
herein before speciﬁed, such mortgage, judgment, assignment or other
security, for the beneﬁt of all the creditors of such insolvent; and every
such mortgage, judgment, assignment and security, so relinquished as
aforesaid, and the lands, tenements, hereditaments, goods and chattels,
and things in action so ‘mortgaged, assigned or affected by such judg-
mentor security, shall with the residue of such insolvent’s estate vest
in the assignee or assignees, of such insolvent’s estate for the purposes
aforesaid.
Afﬁdayits And be it fzirt/zer enacted by t/ze ant/zority aforesaid, That to every
$5,213?“ petition to be presented to the said chancellor, justice or judge, shall be
itors- annexed an afﬁdavit of each petitioning creditor, made before a master
in chancery, or one of the justices of the supreme court, or one of the
judges of the court of common pleas, that the sum annexed to the name
of such petitioning creditor is justly due to him or her, or will become
due to him or her, at some future time or times, to be speciﬁed in such
afﬁdavit; and that he or she, or any other person to his or her use, hath
not received from such insolvent or any other person any payment of
part of his or her demands, against such insolvent, in money, or by sale,
conveyance, assignment, or delivery of any lands, tenements, heredita-
ments, goods, chattels, or any thing or things in action, or any gift or
reward whatsoever, upon any express or secret, or implied contract,
promise, engagement, intent, trust or conﬁdence, that he or she should
become a petitioner, for and in behalf of such insolvent.
Original And be it fart/zer enacted by t/ze ant/zority aforesaid, That no debt or
f‘ff’ﬁioeubrégsto debts due by such insolvent, to any person or persons who shall petition
gleegejgv- in favour of such insolvent by attorney, shall be taken and deemed to
court“ make any part of the threefourths in value of the debt due by such
insolvent, unless such petitioning attorney shall deliver unto the chan-
cellor, or to the justice of the supreme court, to whom such petition
shall be made, or to the court of common pleas of which the judge to
whom such petition shall be made was a member, the original accounts
or authenticated copies thereof and the original specialties, if any, on
which the debt to his principal has arisen, with an afﬁdavit of such
principal annexed in the form of the oath herein before prescribed to be
taken by every petitioning creditor of such insolvent; which afﬁdavit
shall be made before a judge or justice of one of the superior or supreme
courts or a notary public of the State or kingdom, wherein such creditor
shall reside, and be certiﬁed under the hand and seal of such judge,
justice or notary public.
Inventory And be it fnrtlzer enacted by t/ze aat/zority aforesaid, That every such
353m“ insolvent, shall deliver, or cause to be delivered, to the chancellor, )1‘
justice of the supreme court. or judge of the court of common pleas, at
the time of presenting such petitiona full, just and true account, of
CHAP. 92.] ELEVENTH SESSION.
U‘!
all his or her creditors, and the monies owing to them respectively, by
such insolvent; and also a full, true and just inventory, and account of
all the estate both real and personal, in law and equity, of such insol-
vent, and of all books, vouchers and securities, relating to the same;
and the said chancellor, justice, or such judge of the court of common
pleas, shall administer to such insolvent an oath to the following effect,
do solemnly swear in the presence of Almighty God, that
the account herewith delivered, is a just and true account of all my
creditors, and of the monies owing by me to them respectively, to the
best of my knowledge and remembrance; and that the inventory or
account, also herewith delivered, is a just and true inventory or account,
of all my estate, real and personal, both in law and equity, either in
possession, reversion or remainder; and that I have not directly or indi-
rectly, sold, leased, or otherwise disposed of, or made Over, in trust for
myself or otherwise, (except as is set forth in the same account or
inventory) any part of my estate real or personal for my future beneﬁt,
or for the beneﬁt of any other person or persons, in order to defraud
my creditors, or any of them; and that I have not at any time, given
any mortgages, bonds, notes or other specialties, or consented to any
judgment passing against me, except for money, property or effects,
actually bought and received, to the real value of the sums speciﬁed in
such mortgages, judgments, bonds, notes or other specialties; and that
I have in no instance, become a debtor to any of my creditors with
intention to defraud any other or others of my creditors, or with intent
to obtain the beneﬁt of the act entitled, “An act for giving relief in cases
of insolvency;” which oath being taken by such insolvent, he, or she
Oath to
inventory.
and the petitioning creditors or one of them, shall cause an advertise- Notice of
ment to be published for six weeks successively, in the newspaper
printed by the printer to the State, and in one of the newspapers to be
printed in the county in which such insolvent shall reside, Or be impris-
oned; and if no newspaper is printed in such county, then in one of
the newspapers printed in the city of Albany, and shall also cause a
copy of such advertisement, to be put up six Mondays successively, on
the outward door of the court-house or goal of the city or county in
which such insolvent shall reside, or be imprisoned; and by which adver-
tisement, all the creditors of such insolvent shall be required to shew
cause, if any they have, by such a day as shall be appointed by the
chancellor, or justice, or if such afﬁdavit is made before a judge of the
court of common pleas, then at the term of such court, to be held next
after the expiration of the said six weeks, specifying the time and place,
when and where such term shall be held, why an assignment of the said
insolvents estate, should not be made, and the said insolvent discharged
according to this act; at which day or term so appointed, or on any
other subsequent day or term, that the chancellor, or justice, or court of
common pleas may judge proper to appoint; and if no sufﬁcient cause
to the contrary appears, and the chancellor, justice of the supreme court,
or the said court of common pleas, shall be satisﬁed, that the said insol-
vent is justly and truly indebted to the subscribing petitioners, in the
sums by them respectively mentioned, and that such sums amount in
the aggregate to three fourths of the debts due by such insolvent, and
that such insolvent has conformed in all things to those matters required
of him or her, according to the true intent and meaning of this act, the
said chancellor, justice of the supreme court, or the said court of com-
mon pleas, shall direct a grant or assignment of all such insolvent’s
estate, both in law'and equity, in possession reversion or remainder, to
be made by such insolvent, to the person or persons nominated, by the
VOL. 2. -— 10;].
application
to court.
LAWS or NEW YORK.‘ [CHAR 92.
Examina-
tion of wit-
nesses by
court.
Discharge
of insol v-
ent from
prison.
Relief of
creditor
against
merchant;
assign-
ment.
petitioners, or a majority of them, in respect to the amount of their said
demands on the said insolvent, except such articles of wearing apparel
and bedding, as in the opinion of the chancellor justice of the supreme
court, or court of common pleas aforesaid, shall be reasonable and nec-
essary for such insolvent, and for the family of such insolvent to retain;
and also the arms and accoutrements of such insolvent if any there are,
mentioned in such inventory, required by law to be provided by any
citizen enrolled in the militia.
And he it further enacted hy the authority aforesaid, That it shall and
may be lawful for the chancellor, justice, or court of common pleas,
before whom such petition shall be depending, upon application by any
creditor of such insolvent to examine such insolvent his wife the peti-
tioning creditors and any other person and persons upon oath touching
every matter relative to the estate, debts and credits of the said insol-
vent and for that purpose to issue a warrant under the hand and seal
of such chancellor or justice or of a judge of the said court of common
pleas, requiring any person or persons to appear and answer before the
said chancellor, justice or court of common pleas, touching the matters
by this act directed to be heard by them; and every person who being
served with such warrant, shall, without reasonable let or hindrance,
refuse or neglect to appear, or appearing shall refuse to answer, upon
oath, touching the matters aforesaid, shall, forfeit the sum of ﬁfty
pounds, to be recovered with costs of suit, by action of debt, by any
person who will sue for the same; and shall also be committed to prison,
by warrant or order of the said chancellor, justice or court, there to
remain, without bail or mainprise, until he or she shall submit to answer
upon oath as aforesaid.
And he it farther eaacted hy the authority aforesaid, That upon such
insolvent producing a certiﬁcate, under the hand and seal, or the hands
and seals of the assignee or assignees, executed in the presence of two
witnesses, that such insolvent has, granted, conveyed, assigned and
delivered, for the use of his or her creditors, all his or her estate, real
and personal, both in law and equity, in possession, reversion or remain-
der, except as aforesaid, and all the books, vouchers and securities
relating to the same, the chancellor, justice, or court of common pleas,
shall discharge such insolvent from all such debts due at the time of the
assignment, or contracted for before that time, though payable after-
wards; and also, if in prison, from his or her conﬁnement, which dis-
charge, or the record thereof shall be a sufﬁcient warrant and authority
to the sheriff or goaler, for setting such prisoner or prisoners at large;
and the said discharge, or the record thereof, or transcript thereof, duly
authenticated, shall be also conclusive evidence in all courts, within this
State, of the facts therein contained.
And he it further enacted hy the authority aforesaid, That it shall and
may be lawful for any creditor of any person using the trade of mer-
chandize or getting the greatest part of his living by buying and selling,
who hath or shall have been actually imprisoned for sixty days and
upwards, upon execution in any civil action, to apply in person or by
attorney (if the principal resides without this State as aforesaid) to the
chancellor or any of the justices of the supreme court for relief in case
such creditor or the said attorney shall be apprehensive that the estate
or effects of such debtor will be wasted or embezzled, and upon such
application and an afﬁdavit being made by such creditor, before a master
in chancery or justice of the supreme court, or in case of the residence
of such creditor without this State, then in the manner herein before
directed that such person is justly indebted to such creditor in a certain
'CHAP.9a]
8 7
ELEVENTH SESSION.
\
sum of money then due and to be speciﬁed in the said afﬁdavit and not
less than forty pounds, and that such debtor is in prison on execution
issued against him in some civil action, and has been so imprisoned for
sixty days and upwards, the said chancellor or justice shall ordera pub-
lication to be made in the manner herein before directed, for the cred-
itors of such debtor to appear before him at a certain day in the said
order to be speciﬁed, and not less than eight weeks after the publica-
tion of such order, to shew cause, if any they have, why an assignment
should not be made of the said debtors estate for the beneﬁt of all his
creditors; and upon that day or at such subsequent days and times, as
the said chancellor or justice may appoint, if so many of the creditors of
such insolvent, as he shall be satisﬁed have debts owing to them to the
“amount of three fourths in value of all the debts owing by such insol-
c (*"IA
L
1. ouuii
vent, shall request assignment to be made of the estate 0
vent as aforesaid, and no good cause appears to the contrary, it shall be
lawful for the said chancellor or justice to direct such assignment to be
made, in like manner as if the parties had appeared before him, in con-
sequence of a petition as aforesaid; each of the said creditors ﬁrst mak-
ing an afﬁdavit, in the manner herein before directed, that the sum
demanded by such creditor is justly due to him or her, or will become
due to him or her, at some future time or times, to be speciﬁed in such
afﬁdavit, and that he or she or any other person to his or her use, hath
not received from such insolvent, or any other person, any payment of
part of his or her demand against such insolvent, in money or by sale,
conveyance assignment or delivery of any lands, tenements, heredita-
ments, goods, chattels or any thing or things in action, or any gift or
reward whatsoever upon any express or secret or implied contract,
promise, engagement, intent, trust or conﬁdence, that he or she should
consent to or request such assignment; and if such insolvent shall make
such assignment in ten days thereafter, and shall conform to the direc-
tions of this act with respect to petitioning debtors, such insolvent shall
be thereupon discharged in like manner as if he had petitioned for his
discharge in conjunction with his creditors pursuant to this act: But if
such insolvent shall refuse or neglect to make and execute such assign-
ment as aforesaid, the said chancellor or justice shall execute an assign-
ment of-such insolvent's estate both in law and equity in possession,
reversion or remainder to such person or persons as a majority of the
creditors of such insolvent, in respect to the amount of their demands,
appearing to him, shall nominate, and with the like exceptions as are
herein before mentioned; which assignment shall be equally good valid
and effectual, to all intents and purposes whatsoever, and the assignees
shall have the like estate and power and be subject to the like duties,
as if the same had been executed by such insolvent, and shall vest in
such assignees the whole of the estate which belonged to the said insol-
vent, on the day of the ﬁrst publication of the order so made as afore-
said
Ana’ he it further enaetea’ hy the authority aforesaid, That if the said
insolvent shall so as aforesaid refuse or neglect to make an assignment
of his estate, such insolvent shall not be discharged from imprisonment
by virtue of this act, unless so many of his creditors, as shall have debts
owing to them to the amount of three fourths in value of all the debts
owing by such insolvent, shall petition the said chancellor or justice for
his discharge, or unless such'insolvent shall have delivered such inven-
tory and account and taken such oath as are herein before prescribed,
and so many of his creditors as aforesaid have accepted a dividend under
such assignment.
1..._,~1
iiiSUL"
Discharge
of mer-
chant,
when as-
signment
not made.
828 LAWS OF NEw YORK. [CHAR 92
Rrosecu— And be it further enacted by tbe aat/zoriiy aforesaid, That any such insol-
$138533?“ vent having been discharged in conformity to this act, if prosecuted for
any debt or contract, before mentioned, or if any other person or per-
sons be sued for any matter or thing done by virtue of this act, it shall
be lawful for such person or persons, to plead the general issue and give
the special matter in evidence.
Perjury And be it fart/ter enacted by t/re azetborizfy aforesaid, That in case any
such insolvent, shall be guilty of perjury, by concealing any part of his
Ofvroperty or her estate or effects, or shall after the assignment of his or her estate
by virtue of this act, receive any debt or debts due to him or her before
such assignment, or if he or she shall secrete any part of his or her estate,
or any books or writings relating thereto, with an intent to defraud
his or her creditors, or shall procure any person or persons, to become
a petitioning creditor or creditors, for any sum not bona ﬁde due from
him or her, to such creditor or creditors, or for any larger sum than is
really and bona ﬁde due, from such insolvent to such creditor or credi-
tors, to make such sum in value, as required by this act as aforesaid,
then and in every such case the discharge of the said insolvent, under
this act shall be void; and his or her person or persons, and estate or
effects shall be subject to the payment of all his, or her former debts,
as well to his or her petitioning creditors, as others; the said discharge
to the contrary notwithstanding.
Conceal- And be it fnrt/zcr enacted by ﬁre aat/zority aforesaid, That any person or
persons who shall have accepted of any trust or trusts for any insolvent,
groggy or shall wilfully conceal or protect any estate real or personal of any
person, 1nsolvent from the assignee or assignees of such 1nsolvent, and shall not
in ﬁfty days after notice of such assignment being published in the news
paper printed by the printer of this State and one other of the publick
news papers printed in this State, fully discover and disclose such trust
and estate to the said assignee or assignees, shall forfeit the sum of one
hundred pounds, and double the value of the estate so concealed, to be
recovered with costs, by action of debt, in any court of record having
cognizance thereof, in the name or names of the said asignee or assignees,
for the use and beneﬁt of the creditors of such insolvent.
Swearing And be it fart/ter enacted by the aat/zority aforesaid, That if any per-
gj’aggige son shall swear or depose before a master in chancery, justice 'or judge
against as aforesaid, that any sum of money is due or owing to him or her from
1nsolvent‘ any such insolvent, which sum of money is not really due or owing, or
shall swear that more is due than is really due or owing, knowing the
same to be not due or owing, arid that such oath is false and untrue,
such person shall be liable to pay double the sum so sworn to be due
or owing as aforesaid, to be recovered, by action of debt, in any court
having cognizance thereof in the name or names of the assignee or
assignees of such insolvent’s estate and to be divided among all the
creditors of such insolvent in proportion to their demands against such
insolvent’s estate.
Examiner. And be it fart/cer enacted by t/ze aat/zority aforesaid, That for the more
Egovléllffgggzj full discovery of the estate of such insolvent, the chancellor or justice
arts. of the supreme court, or judge of the court of common pleas, at the
request of the assignees the survivors or survivor of them, shall have,
at any time after such assignment as aforesaid, full power, and they are
hereby required to summon and examine. on oath, such insolvent, his
wife, and every other person whomsoever, known or suspected to detain
any part of the said insolvent’s estate, or to be indebted to it; and in
case any person, on such summons, shall refuse to attend, having no
reasonable excuse, or shall refuse to be sworn, then it shall and may be
CHAP. 92.] ELEVENTH SESSION.
89
lawful for the said chancellor, or any of the justices of the supreme
court, or such judge of the court of common pleas, to..commit the person
so refusing to gaol, till he or she shall submit to be examined, concern-
ing what he or she may know, relating to such estate. And if any such
person or persons shall wilfully and knowingly afﬁrm or swear falsely,
the person or persons so offending, shall be liable to the same pains and
penalties, as those who are convicted of wilful and corrupt perjury.
And be it fart/cer enacted by t/ce azct/cority aforesaid, That every such
insolvent, who shall before the delivery of such petition, have become
bail in any cause, on account of which he or she has or have reason to
think judgment may be had against him or her, and shall make oath
that at the time he or she so became bail, he or she had a clear estate,
sufﬁcient to answer any demand, that could with any probability be
made upon him or her, as bail, may add to the account of the creditprs,
and the monies owing by him or her before directed to be given, an
account of the manner of becoming bail, and annex such a sum, as he
or she imagines he or she will be liable to pay on that account; and
then the assignees shall reserve in their hands, for the space of one year
and an half, such a dividend as a creditor for the like sum would have a
right to receive; and after judgment obtained against any such insol-
vent, the person or persons obtaining the same, shall be considered in
every respect, as another creditor, whose debt was due before the deliv—
ery of the petition. But if in the space of one year and an half after
the petition is delivered, no judgment shall be Obtained against such
insolvent, the monies so reserved shall be divided among the other cred-
itors, in the same manner, as the rest of such insolvents estate; and such
insolvent shall be discharged from all obligations as bail, in the same
manner as if the sum so annexed to the account of his or her creditors,
was paid; and if judgment shall be obtained against such insolvent, as
bail for any sum within one year and an half after the petition is
delivered, and after the division of the produce of his or her estate,
among his or her creditors, and the said insolvent shall have omitted,
either wholly, or in part to annex the said sum to the account delivered,
the person obtaining such judgment, shall recover against the said insol-
vent, either for the whole, or the part omitted, as the case shall happen
to be, so much as the other creditors of the said insolvent ought to have
received, for a like just debt, and no more. Provided always, that the
sum for which judgment is obtained against such insolvent, being added
to the account of his or her creditors, and of the monies owing to them
before directed to be given, the debts owing by him or her, to the
petitioning creditors, shall still appear to have been three fourths of all
that was owing by the said insolvent.
A 12d be it fzcrt/zer enacted by t/ze azct/cority aforesaid, That all persons,
who have given credit to such insolvent, on a valuable consideration, for
any sum of money, or other matter or thing which is or shall not be due
or payable, at or before the time of the delivery of the petition, shall
and may be admitted, and considered as creditors, whose debts are then
due, and shall receive a dividend of such insolvents estate in the same
proportion, as the other creditors, deducting thereout only a rebate of
interest at the rate of seven per cent, for what shall be received on such
debts, (unless such debts shall be payable with interest,) to be com-
puted from the actual payment thereof, to the time they would have
been due.
And be it fart/ter enacted by tile autbority aforesaid, That such assignee
or assignees, shall have power and authority, to dispose of all the real
and personal estate of such debtor or debtors, which shall be assigned
Where
insolvent
liable on
bail bond.
Debts not
due.
Assignees,
powers _
and duties
830
LAWS OF NEW YORK. [CHAR 92.
Division of
moneys.
Oath of
assignee;
com pen sa-
tion; ex—
penses.
to him or ,them, or which ought by virtue of this act to ‘)6 assigned
to him or them and to convert the same into money, to execute good
and sufﬁcient deeds for such real and personal estate, to redeem all
mortgages and conditional contracts, and satisfy all judgments, and to
recover in his or their name or names, all such real and personal estate
of such insolvent, and all deeds, and books of accounts and papers,
respecting the same; and shall have full power and‘ authority, to refer
to arbitration, settle or compound or agree with, any person indebted
to the insolvent, in such manner as shall from time to time appear to
such assignee or assignees, most advantageous to the creditors of such
insolvent, and shall within the space of one year, proceed to make a
division of all the money, which shall have come to his or their hands,
of such estate, ﬁrst giving three months notice of the time and place of
making such division, by advertising the same in the newspaper, printed
by the printer to this State and in one other of the public newspapers,
printed in this State; and if the whole be not then settled, shall within
the space of one year thereafter, make a second division, of such monies
as may come to his or their hands, after the ﬁrst division; and so from
year to year, until a ﬁnal settlement thereof, and a just and equal divis-
ion of the whole be made: And if on settling the estate of the insolvent,
a surplus should remain in their possession, after discharging the debt
or debts of the said insolvent, the same shall be paid to the said insolv-
ent, his or her legal representative or representatives.
~A/2d he it farther enacted hy the authority aforesaid, That the assignees,
or the survivors or survivor of them, shall, at least one month before a
division be made, appoint a day, by advertising the same in one or more
of the public newspapers, for a general meeting of all such creditors as
shall choose to attend, to examine and ascertain-the debts due to each
creditor; and in case of any controversy relating to such debts, it shall
be determined in the following manner, that is to say, the assignees
shall nominate two referees, not being creditors of the insolvent, and
the creditor whose debt is in controversy, shall nominate two others,
and their names shall be seperately written on four pieces of paper, as
nearly of the same size as possible, which shall be rolled up in the same,
manner, and put into a box, and from thence one of the assignees shall
draw out three of the said pieces of paper, and the persons whose names
are so drawn, shall ﬁnally settle such controversy; and if any referee so
appointed, shall refuse or be incapable of acting, in a reasonable time,
a new choice shall be made in the same manner: And in case any
such creditor, shall refuse to nominate referees on his part, the assignees
are hereby impowered to nominate them, for him.
And he it further enacted hy the authority aforesaid, That the assignee
or assignees, shall, before he or they enter upon the execution of the
trust committed to him or them by virtue of this act take an oath, to
be administered by a master in chancery a justice of the supreme court,
or any of the judges of the court of common pleas aforesaid, “Well and
faithfully to manage the insolvent’s estate, and keep and render a true
account of all that shall come to his or their hands of the same;” and
for that purpose he or they shall keep regular books of accounts, to
which every creditor at all reasonable times may have recourse; and
for the care and trouble incumbent on the assignee or assignees, he or
they shall be allowed out of the insolvents estate, such a consideration
as the petitioners, or a major part of them, shall agree and ﬁx upon; and
that all costs of suit, prison and gaol fees, and charges ofproceedings under
this act, to obtain the discharge of the insolvent, shall be ﬁrst paid; and
then deducting all such costs, charges and expences, as shall be neces-
CHAP. 93.] ELEVENTH sEssioN.
81
sarily laid out, and expended by the assignee or assignees, together with
his or their commissions, for his or their care and trouble therein, the
residue shall be divided equally among the creditors, in which division
no preference shall be given to debts due by specialty.
And he it further enacted hy the authority aforesaid, That no suit
in equity shall be commenced, by any assignee, without the consent of
. the majority of the petitioners or creditors who consented to the assign-
ment, with respect to the amount of their debts as aforesaid, at a meet-
ing held for that purpose. And if any creditor shall neglect or refuse
to give notice of, and prove his or her debt, within one year and an half
after the assignment, and a division of the whole estate be made, such
creditor shall not be entitled to a dividend, and the whole money shall
be divided by the assignees, among the other creditors. But in case
the whole of such insolvents estate *1 "4 settled by
nlsnll
oucui
.vre TiOf. iJC aiiu
the time hereby appointed for the ﬁrst division, and such creditor shall
prove his debt, before the time appointed for the second division, then
such creditor shall before a second division be made among the other
creditors, have his said dividend, or so much money as he would have
been entitled to on the ﬁrst division, had his debt then been proved;
but no creditor shall be admitted to prove his debt, in order to entitle
himself, to a share in the insolvents estate, after a second division, but
shall by this act be debarred from any share thereof.
Audhe it further euaeted by the authority aforesaid, That every insolv-
ent who shall be discharged by virtue of this act, and in all things con-
form to the directions thereof shall be allowed the sum of ﬁve pounds
per centum on the net produce of all his or her estate that shall
be recovered or received by the said assignee or assignees, to be paid
to him or her by such assignee or assignees in case the net produce of
the said estate after such allowance made, shall be sufﬁcient to pay the
creditors of such insolvent, who shall prove their debts in the manner
directed by this act, the sum of fourteen shillings in the pound, and so
as the said ﬁve pounds per centum shall not amount in the whole to
above the sum of two hundred pounds.
And he it further enaeted hy the authority aforesaid, That nothing in
this act contained, shall be construed to deprive landlords of the right
of distraining for, or securing their rents, which by law they had, before
the making of this act.
CHAP. 93.
AN ACT for the payment of the salaries of the ofﬁcers of gov-
ernment, and other contingent charges.
PAssED the zist of March, 1788.
Be it euaeted hy the People of the State of New Yorh, represented in
Senate and Assemhty, and it is herehy euaeted hy the authority of the same,
That the treasurer of the State shall pay out of any unappropriated
monies in the treasury, the sums of money herein after directed, viz.
To his excellency the governor, for administering the government of
this State, from the ﬁrst day of July last to the ﬁrst day of July next,
at and after the rate of ﬁfteen hundred pounds.
To the person administering the government of the State, for the time
being, to defray the incidental charges which may arise in and about
the administering the government of the State, such sum or sums of
Suits by
assignee.
Failure of
creditor to
prove his
account.
Allowance
to insolv-
ent by
assignees.
Distress
for rent.
Annual
appropria-
tion bill.
Governor.
LAWS OF NEW YORK. [CHAR 93.
Chancellor.
Chief jus-
tice.
Puisne
Justices.
Delegates
to Congress
Council of
appoint-
ment.
Members
of legis—
lature .
Clerks.
Doorkeep-
ers.
Sergeant-
at~arnis.
Secretary
of State.
money as he shall, from time to time, by warrant under his hand and
the privy seal of the State, draw from the treasury for the purpose, not
exceeding in the whole, the sum of one hundred and ﬁfty pounds.
To the Honorable Robert R. Livingston, chancellor of the State, for
his services in that station, from the ﬁrst day of july last to the ﬁrst day
of july next, at and after the rate of ﬁve hundred pounds.
To the Honorable Richard Morris, chief justice of the State, for his
services in that station from and to the respective times aforesaid, at
and after the rate of ﬁve hundred pounds.
To the Honorable Robert Yates and john Sloss Hobart Puisne jus-
tices of the supreme court of the State respectively, for their services
in that station from and to the respective times aforesaid, at and after
the rate of ﬁve hundred pounds. .
To john Haring Melancton Smith, Abraham Yates junr. and john
Lansing junr. delegates from this State in the Congress of the United
States, at and after the rate of twenty four shillings per day, for such
time as they shall have attended or were going to or returning from
Congress to the respective places of their abode, according to such
accounts as they shall respectively produce audited by the auditor of the
State.
To the members of the council of appointment at and after the rate
of sixteen shillings per day each, for their attendance in council, in the
recess of the legislature, and for the time of their travelling from and to
their respective places of abode, according to such accounts as they
shall produce, certiﬁed by the clerk of the said council.
To the members of the senate and assembly for each and every day
they shall have attended in senate or assembly, during the present meet-
ing of the legislature, and for each and every day they shall have been
or may be travelling from and to their respective places of abode, to the
place of the meeting of the legislature, the sum of twelve shillings per
day each; such travelling charges to be computed at and after the rate
of thirty miles per day, agreeable to such accounts thereof as they shall
respectively produce, certiﬁed by the president of the senate or speaker
of the assembly, (as the case may be); and the account of the president
of the senate to be certiﬁed by the clerk of the senate, and the account
of the speaker of the assembly to be certiﬁed by the clerk of the assem-
bl . -
3To john McKesson and Abraham B. Bancker clerks of the assembly
and senate, each the sum of thirty shillings per day for their respective
services during the present session; and also the amount of such accounts
for monies by them advanced respectively, for the use of the assembly
and senate, as they shall respectively produce, certiﬁed by the president
of the senate and speaker of the assembly as the case may require.
To the door keepers of the senate and assembly, at and after the rate
of sixteen shillings per day, agreeable to such certiﬁcate thereof as they
shall respectively produce, certiﬁed by the president of the senate or
speaker of the assembly, as the case may require.
To the serjeant at arms, at and after the rate of sixteen shillings per
day, agreeable to such certiﬁcate thereof as he shall produce, certiﬁed
by the speaker of the assembly.
To the secretary of the State, for attending the legislature during the
present session, for the purpose of receiving the laws, and attending the
council of appointment, from the ﬁrst day of july last to the ﬁrst day of
july next, at and after the rate of thirty pounds.
To the said secretary, for his services in recording the laws, for mak-
ing copies thereof, with marginal notes for the press, and making copies
CHAP. 93.] ELEVENTH SESSION 833
by direction of the governor, or of the senate and assembly, and for
engrossing the minutes of the council of appointment from time to time,
after the rate of one shilling and six pence per sheet, each sheet to con-
gist of one hundred and twenty eight words, agreeable to such account
thereof as he shall produce, audited by the auditor ot the State.
To the secretary to his excellency the governor, at and after the rate Secretary
of one hundred and ﬁfty pounds per annum.
And be it fart/zer enacted by t/ze aat/iority aforesaid, That it shall and Treasurer.
may be lawfull for Gerard Bancker treasurer of the State, to retain in his
Own hands the sum of ﬁve hundred pounds for his services as treasurer,
from the ﬁrst day of july last, to the ﬁrst day of july next, and the
further sum of six hundred pounds, for the incidental charges of his
ofﬁce.
And be it fzcrt/zer enacted by ﬁre azzt/zority aﬁv'esaid, That the said
treasurer shall pay to the following persons, the sums herein after men-
tioned, viz.
To Egbert Benson attorney general of the State, for his services in OAttol'nley'
that station, from the ﬁrst day of july last, to the ﬁrst day of july next, ’enem '
at and after the rate of six hundred pounds.
To the auditor of the State, the sum of three hundred and ﬁfty Auditor-
pounds, for his services as auditor for one year, ending the twenty third
day of March instant.
To Simeon De Witt surveyor general of the State, such sum as shall Surveylor-
be certiﬁed by the auditor of the State to be due him for his salary and genera‘
the expences of his ofﬁce, to the ﬁrst day of May next.
To Nicholas Fish, adjutant-general of the militia of the State, the sum Adjutant-
of three hundred and ﬁfty pounds in full for his salary from the thir- general‘
teenth day of April one thousand seven hundred and eighty seven, to
the thirteenth day of April next.
To the collector of the customs for the port of New York, in quarterly Customs
payments, at and after the rate of ﬁfteen hundred pounds per annum. ofﬁcers‘
To the collector of the customs for the port of Sagg Harbour, at and
after the rate of ﬁfty pounds per annum.
To the surveyor and. searcher, at and after the rate of two hundred
and ﬁfty pounds per annum.
To each of the land and tide waiters, the sum of ten‘shillings per
day.
To Samuel jones and Richard Varick for revising and digesting the Revision
laws of this State, such sums as shall be certiﬁed, by the auditor of the of the laws
State, to be due to them respectively, for their services in that station,
for the time they have been actually employed therein.
To the executors of Andrw Moodie deceased, late commissary of Commis-
military stores, at and after the rate of forty pounds per annum, for his salary from the thirteenth day of April last.
To Abraham Hardenbergh and William W. Morris, such sums as Pennsyl-
shall be certiﬁed by the auditor of this State to be due to them for their giﬁ'g‘dm I
services and disbursements, in running the line between this State and line- .
the Common-wealth of Pennsylvania, allowing to the said Abraham
Hardenbergh and \Villiam \V. Morris respectively, at and after the rate
of forty shillings per day, for every day they have respectively been
upon that service.
To james Clinton such ballance as shall be certiﬁed by the auditor Id.
of the State to be due to him for his services, in running the line afore-
said, in the year one thousand seven hundred and eighty six, allowing
to him the sum of eight shillings per day, in addition to the sum allowed
him in and by the act entitled “An act for the payment of the salaries
VOL. 2. —- 105
834
LAWS OF NEW YORK. [CHAR 93.
Id.
Montgom—
ery statue.
Delegates
to conven—
tion.
Moneys un-
appropri-
ated to be
paid on
certiﬁcates.
Chemung,
laying out
town of.
State
printer.
of the ofﬁcers of government'and other contingent charges,” passed the
twenty ﬁrst day of April one thousand seven hundred and eighty seven
for every day he has been upon that service.
To Simeon De Witt such ballance as shall be certiﬁed by the auditor
of the State to be due to him for his services in running the line afore-
said, in the year one thousand seven hundred and eighty six, allowing
to him the sum of forty shillings per pay, for every day he has been
upon that service; and deducting therefrom, his salary as surveyor gen-
eral of this State, during the time aforesaid, at and after the rate of four
hundred pounds per annum, and the further sum of forty pounds allowed
him in and by the act last mentioned, if the same shall have been paid
to him.
To the chamberlain or treasurer of the corporation of the city of New
York, such sum as shall be certiﬁed by the auditor of the State to be
due to the said corporation, as the ballance of the expences of erecting
the monument of the late General Montgomery.
To each of the delegates from this State to the late general conven-
tion of the States assembled in the city of Philadelphia, thirty two shil-
lings per day for their expences, for each day they respectively have
been travelling to and from, and attending the said convention, agree-
able to such accounts as they shall respectively produce audited by the
auditor of this State.
And he it further enacted hy the authority aforesaid, That if there shall
be any money in the treasury of this State, on the ﬁrst day of January
next, after payment of the sums already particularly directed by law to
be paid, or that during the present session of the legislature may be
directed to be paid, by the treasurer of the State, or appropriated for
other purposes, the treasurer shall and may advertise the amount of
such money so remaining in the treasury unappropriated, and that he
will divide the same among the holders of the certiﬁcates issued for the
four ﬁfth parts of the interest of the public securities which have been -
loaned to this State by virtue of the act entitled “An act to emit the
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned,” passed the eighteenth day of April, one thousand
seven hundred and eighty six, proportionally to the sums due upon their
Several certiﬁcates. And the said treasurer shall on the ﬁrst day of
February proceed to pay the same money in proportion as aforesaid,
indorsing the amount of such payments, upon the said certiﬁcates
respectively.
And he it further enacted hy the authority aforesaid That it shall and
may be lawful for the treasurer of this State to pay unto James Clinton,
John Hathorn and John Cantine commissioners for laying out the town
of Chemung, on account, the sum of ﬁfty pounds.
And he it further enacted hy the authority aforesaid, That the treasurer
shall pay to Samuel Loudon the sum of three hundred and ﬁfty pounds
being one year’s salary, as printer to this State.
‘CHAP. 94.] ELEVENTH SESSION. 835
CHAP. 94.
AN ACT for the relief of the creditors of William Van Derlocht
and for other purposes therein mentioned.
PASSED the 22d of March, 1788.
WHEREAs before the late repeal of the act for the relief of insolvent Preamble.
debtors, which was passed on the 13th day of April 1786, proceedings
were commenced under the said act for the assignment of the estate of
the said William Van Derlocht for the beneﬁt of his creditors; and a
number of the said creditors have by their petition set forth, that unless
the said estate be speedily assigned for their beneﬁt, it will suffer great
diminution, and prayed relief in the premises; therefore,
Be it enacted by the People of the State of New Yorh, represented in Account
Senate and Assemh/y, and it is herehy eizaeted hy the authority of the same, mgfegegy
That it shall and may be lawful, for the said William Van Derlocht, to William
deliver in writing to the chancellor, or one of the judges of the supreme 1223381.‘
court, a full and true account of all his creditors, and the monies owing
to them respectively, by him the said debtor, and also a full and true
inventory and account of all his estate, both real and personal, in law
and in equity, and of all books, vouchers and securities, relating to the
same and the chancellor or judge aforesaid, shall thereupon administer
an oath, to the said debtor, to the following effect —— “ I William Van
Derlocht do solemnly swear in the presence of Almighty God, that the
account now by me delivered is a just and true account of all my cred~
itors, and of the monies owing by me, to the best of my knowledge or
remembrance, and that the inventory and account, now delivered by me,
is a just and true account, of all my estate real and personal, both in law
and in equity, either in possession, reversion or remainder, and that I
have not directly, or indirectly, sold, leased, assigned or otherwise dis-
posed of, or made over, either in trust for myself or otherwise, except as
set forth in the same account any part of my estate, real or personal for
my future beneﬁt or in order to defraud my creditors,” so help me God,”
which oath being taken by the said William Van Derlocht, he shall Assign-
make a grant or assignment, of all his estate both in law and equity, to 111123;“ be
Hendrick Wyckoff, Lewis Ogden and Jacob Hallet of the city of New
York merchants, or any two of them, in trust for all his creditors, and
upon the said William Van Derlocht’s producing to the chancellor or
judge aforesaid a certiﬁcate under the hands and seals of Hendrick
Wyckoff, Lewis Ogden and Jacob Hallet aforesaid, or any two of them,
executed in the presence of two witnesses that the said William Van
Derlocht has granted, conveyed, assigned and delivered for the use of
his creditors, all his estate real and personal, both in law and in equity,
except as hereinafter mentioned, and all books, vouchers and securities,
relating to the same, the chancellor or judge aforesaid, shall discharge
the said William Van Derlocht from his imprisonment; which discharge
or the record thereof, shall be a sufﬁcient warrant to the sheriff or
goaler, for setting the said William Van Derlocht at large.
And he it further euaeted hy the authority aforesaid, That the said Discharge
William Van Derlocht, having given up his estate, and conformed in all from debts
things to the directions of this act, shall be discharged from all debts
due at the time of the assignment or contracted for before that time,
though payable afterwards, and if prosecuted for any such debt or con-
836
LAWS OF NEW YORK. [CHAR 94.
Perjury
and fraud ,
penalty for.
Powers of
assignees.
Debtors
conﬁned
in jail, dis—
charge of.
Persons
discharged
not to be
re~arrested
for same
cause.
New exe-
cuﬁon
against
property
to issue
tract, may plead the general issue, and give the special matter in evi—
dence.
And be it fart/ter enacted by Me ant/zority aforesaid, That in case the
said William Van Derlocht, shall be guilty of perjury, by concealing any
part of his estate or effects, or shall after the assignment of his estate by
virtue of this act, receive any debt or debts due or owing to him before
such assignment, or if h secrete any part of his estate, or any
books or writings relating thereto, with an intent to defraud his credit-
ors, then, and in such case, the discharge of the said William Van Der-
locht under this act shall be void, and his person and effects subject to
the payment of all his former debts. ‘
And be it fzcrtber enacted by t/ze ant/torily aforesaid, That the powers
and authorities vested in assignees in and by the act entitled “An act
for the relief of insolvent debtors, and which was repealed on the eighth
day of February last, be, and the same are hereby revived, so far as they
respect Hendrick Wyckoff, Lewis Ogden and jacob Hallett aforesaid,
assignees of the said William Van Derlocht; and the said Hendrick
W'yckoff, Lewis Ogden and jacob Hallett assignees aforesaid of the
estate of the said William Van Derlocht, be, and they hereby are author-
ized and empowered to act in the same manner, and to the same effect,
as if the said act had never been repealed.
And be it fart/ter enacted by ﬁle azct/zority aforesaid, That all and
every person and persons, who have been actually conﬁned for thirty
days previous to the passing of this act in any goal within .this State
upon execution or upon any other writ or process, or by virtue of any
judgment or order of any court of record or warrant-from any justice of
the peace, for any debt or debts or sum or sums of money, or ﬁne or
ﬁnes or forfeiture or forfeitures, not exceeding in the whole the sum of
ten pounds, exclusive of costs, shall be discharged from such imprison-
ment; and the sheriff, goaler or keeper of the goal, in which any such
person is conﬁned as aforesaid, shall upon notice of this act, discharge
such person out of custody, if detained for such debt, sum of money,
ﬁne or forfeitures and for no other cause. And no such goaler shall be
liable to any action of escape, or other suit or information upon account
thereof. And if any action, suit or information shall be brought or
exhibited against any such goaler or sheriff, for or on account of such
discharge, such goaler or sheriff may plead the general issue and give
this act in evidence, and if the plaintiff shall be nonsuited or discontinue
his or her action, or judgment shall be given against him or her, upon a
verdict or demurrer the defendant shall have treble costs.
And be it fart/ter enacted by the ant/rarity aforesaid That no person
discharged from imprisonment by virtue of this act, shall at any time
thereafter be imprisoned for the same cause, and if any such person so
discharged shall be arrested for the same cause, it shall be lawful for
any judge of the court out of which the process shall have issued, to
discharge such person out of custody, so as such person do give a war-
rant to some attorney of be same court to appear and plead to such
action ; Prooiaed always,
A nd be it fnrtber enacted by tile ant/rarity aforesaid, That notwithstanding
such discharge, all and every debt and demand against such person so dis-
charged and all and every judgment and decree had or obtained or to be
had or obtained against him or her, shall stand and be good and effectual
in law, to all intents and purposes against the lands, tenements, heredita-
ments, goods and chattles of such person so discharged, which he or she
or any person or persons for him or her hath at the time of such dis-
charge. or at any time thereafter may have, or be in any wise seized or
e sh“H
“LL
CHAP. 95.] . ELEVENTH SESSION. 837
possessed of, or entitled to, either in law or equity, except the arms and
accoutrements of such person, and the necessary wearing apparel and
bedding of himself and of his wife and children. And it shall and may
be lawful for any creditor of such person so discharged and at whose
suit such person is now conﬁned, and i for the executors or administra-
tors of such creditor, to take out a new execution against the lands,
tenements, hereditaments, goods and chattles of such person so dis-
charged, except as before excepted, for the satisfaction of his or her
debt, in such sort, manner and form, as he or she might have done, if
such person had never been taken in execution. And in case no judg-
ment is obtained by such creditor, against such person so discharged,
then it shall be lawful for such creditor to continue or prosecute his or
her action to judgment, and to take out execution as aforesaid against
the lands, tenements, hereditaments, goods and chattles of such person
or persons so discharged, except as before excepted, for the satisfaction
of his or her debt or damages, and costs of suit; but the person of such
debtor so discharged shall not be imprisoned for the same debt or debts,
sum or sums of money, ﬁne or ﬁnes, forfeiture or forfeitures, for which
he or she is now conﬁned, or for any or either of them.
And be it fart/ter enacted by ﬁre aat/iority aforesaid, That the four Relief of
last clauses of this act shall extend to Luke Wyngart and Tryntie his 3322?;
wife and William Hill now conﬁned in the goal of the city and county
of Albany and William Betts and Ebenezer Prentice now conﬁned in
the goal of the city of New York upon execution, although the debts or
sums for which they are respectively conﬁned exceed the sum of ten
pounds
CHAP. 95.
AN ACT directing the settlement of public accounts, and for
other purposes therein mentioned.
PASSED the 22d of March, 1788.
I. Be it enacted by the People of tile State of New York, represented in Auditor to
Senate and Assembly, and it is hereby enacted by t/ze azctbority of tbe sanze, iﬁffﬂfis‘iﬁgm
That the auditor of this State for the time being, shall be, and hereby gnitlgesd
is, appointed sole commissioner, for and in behalf of this State, to set- a '
tle all accounts between this State and the United States; and for that
purpose that he shall be authorised to settle and agree with any, and
every commissioner, agent, or other person, appointed, or authorised,
or hereafter to be appointed or authorised, for the purpose, by or in
behalf of the United States, touching the said accounts, in such manner
and on such terms, as the said auditor shall deem most eligible; and
also on behalf of this State, to appear before any commissioner, or other
persons appointed or authorised, or hereafter to be appointed or author-
ised to hear, enquire into, or determine, touching the claims or demands,
which this State may have or make against the United States, and
before such commissioners or other persons, to manage and prosecute
such claims or demands, on the part of this State ; and that it shall be
lawful for the treasurer to deliver over to the auditor such vouchers and
papers in the treasury, as the treasurer shall deem the auditor ought
to be possessed of, in order to exhibiting or managing, any of the claims,
01 demands of this State, against the United States; and it is hereby
declared to be the duty of the treasurer, from time to time, on the appli-
838
LAWS OF NEW YORK. [CHAR 95.
William
Denning
to_assist.
Auditors
to liquidate
accounts
of troops,
ofﬁce abol-
ished.
Connecti-
cut, claims
for cannon
South Car-
olina,
claims for
gunpow-
der.
Matthew
Dubois.
cation of the auditor, to advise the auditor touching the said accounts,
and the mode and terms of the settlement of said accounts, as the inter-
est of the State shall, in his judgment, require. That William Denning
shall be, and hereby is appointed to collect vouchers, and proofs, and
otherwise to assist the auditor in preparing, stating, and settling the
said accounts, as the auditor shall from time to time require, and in the
absence of the said auditor, at any time, the said William Denning shall
in such cases be authorised to appear in behalf of this State, before such
commissioners or other persons, authorised to hear, enquire into, and
determine, and before such commissioners or other persons, to manage
and prosecute the claims and demands of this State: And he the said
\Villiam Denning, shall be allowed for his services in the said business,
at the rate of three hundred and ﬁfty pounds per annum, from the time
he shall enter on the said business.
II. And he it further enacted hy the authority aforesaid, .That the
ofﬁce of auditor to liquidate and settle the accounts of the troops of
this State, in the service of the United States, shall cease, from and after
the ﬁrst day of June next. And further that the said auditors shall on
or before the ﬁrst day of June next, deliver to the treasurer of this State,
all the certiﬁcates for pay or depreciation of pay, signed by the said audi-
tors, pursuant to any act of the legislature of this State, and yet remain-
ing in their hands, together with all the books, checks, blanks and papers
belonging to their said ofﬁce; and the treasurer is hereby authorised,
upon demand, to deliver all such certiﬁcates so signed, to the respective
persons entitled to the same.
And whereas it appears that the committee of the convention, in the
year one thousand seven hundred and seventy six, did purchase of the
State of Connecticut a quantity of cannon and ball, some of which can-
non were placed in the forts, and works in the Highlands, and others of
them were taken for the Continental frigates in Hudson’s river, and the
account for the said cannon and ball, remains still unsettled between
this State and the State of Connecticut, and as this State hath claims
on the said State, for cannon delivered at New Haven, and for other
articles furnished the said State, in the course of the late war.
III. Be it further enacted hy the authority aforesaid, That the auditor
of this State, with the direction of the committee appointed by law to
assist him, be, and he is hereby directed, to state the claims of this
State against the said State of Connecticut, and to cause the said
account to be liquidated and settled, and to charge the amount of the
cannon and shot, received from the said State, to the United States.
And whereas the State of South Carolina, is indebted to this State for
a quantity of gun powder they received in the course of the late war.
Therefore.
IV. Be it further enacted hy the authority aforesaid, That the auditor
of this State, be, and is hereby directed, to collect the vouchers, and
ascertain the value of the said powder, and deliver the same vouchers
and accounts, to the person administering the government of this State
for the time being, who is hereby requested to make application for the
payment thereof, to the executive of the said state.
And whereas it appears by a certiﬁcate from the auditor of this State,
that there is due to Matthew Dubois, for purchasing forage under the
direction of the State agent of this State, a balance of three hundred
and ninety four pounds sixteen shillings;
V. Be it enacted hy the authority aforesaid, That it shall be lawful tor
the treasurer of this State, to issue to the said Matthew Dubois, a certiﬁ-
cate for one third of the amount thereof, which certiﬁcate shall be
CHAP. 95.] ELEVENTH SESSION.
839
received in payment of any specie tax, due in the county of Ulster, and
a certiﬁcate in the usual form for the ballance.
Arzd whereas by a certiﬁcate from Patrick Barber one of the commis-
sioners of sequestration for the county of Ulster, it appears that the
said commissioners have in the year one thousand seven hundred and
seventy seven, sold the property of David Mulford to the amount of two
hundred and forty nine pounds four shillings, which it appears reasona-
ble should be repaid to him; therefore,
VI. Be it further enaeted hy the authority aforesaid, That the treas- David Mul-
urer of this State be and he hereby is directed to issue to the said David
Mulford, a certiﬁcate for the amount thereof, bearing interest at the
rate of six per cent per annum, from the ﬁrst day of January in the year
one thousand seven hundred and seventy eight.
Axed whereas Michael Connolly hath paid into the treasury
State one thousand eight hundred and sixty six pounds eight shillings
and ﬁve pence, in certiﬁcates given for interest by the treasurer of this
State, in discharge of so much on a bond given by the said Michael
Connoly to the treasurer of this State; and whereas the said treasurer
is doubtful whether he ought by law to receive the said certiﬁcates in
discharge of the said balance; therefore,
VI I. Be it further ertaeted hy the authority aforesaid, That it shall and
may be lawful for the treasurer of this State, and he hereby is required,
to accept the said certiﬁcates, and give credit on the said bond for the
same.
VIII. And he it further erzaeted hy the authority aforesaid, That the
seventh section of the act entitled “An act for the relief of persons who
paid money into the treasury of this State in consequence of a resolu-
tion of the committee of safety, of the ﬁrst day of March one thousand
seven hundred and seventy seven, and for other purposes therein men-
tioned,” shall be and hereby is repealed, from and after the ﬁrst day of
May next.
And whereas Samuel Townsend a deputy under the late State agent
has been sued for a yoke of oxen by him taken for the use of this State,
and a judgment recovered against him with costs of suit, and it appears
that there is a considerable ballance due to him from this State, which
by law he must receive in treasury notes, which notes will not be taken
in payment on the said judgment; therefore,
IX. Be it further erzaeted hy the authority aforesaid, That the treas-
urer of this State be, and he is hereby, directed to advance to the said
Samuel Townsend the sum of forty pounds in part of the balance due
to him as aforesaid; ahdfurther to pay the costs of the said suit against
the said Samuel Townsend, to be ascertained by the auditor of the State.
And whereas the committee of New Windsor did in the year one
thousand seven hundred and seventy seven, advance to several distressed
women and children, whose husbands and fathers, were either killed or
taken prisoners at Fort Montgomery, the sum of one hundred and twelve
pounds Continental money, and it is reasonable that compensation should
be made to them;
X. Be it further e/zaeted hy the authority aforesaid, That the auditor
of this State be, and is hereby directed to ascertain the value of the said
money, with the interest thereon, and certify the same to the treasurer
of this State who is hereby required to pay the same to Samuel Brewster,
chairman of the said committee, out of any unappropriated money in the
treasury.
And whereas John Cruger and Leonard Lispenard surviving trustees
of the estate of the late Abraham De Peyster deceased, have commenced
OI'Cl.
+ 1' Michael
of ‘115 Connolly.
Part of act
recited
repealed .
Samuel
Townsend°
New Wind-
sor, com—
mittee of.
840
LAWS OF NEW YORK. [CHAR 95.
Abraham
.De Peyster,
surviving
trustees of.
Actions
against
sheriffs to
be discon-
tinued.
Arrears of
rent.
Actions by
treasurer
for forfeit-
ures.
and prosecuted, to ﬁnal judgment, in the supreme court of this State,
for the use of the people thereof, an action on a bond given to the said
trustees by Lawrence Kortright, John R. Myer and Peter Kettletas for
the sum of six hundred and ninety pounds, and bearing date the seventh
day of October in the year of our Lord one thousand seven hundred
and sixty eight; and w/zereas the said obligors, by their humble petition,
have represented that the land for Whi h the said bond wa given, is
become of little value by reason of the waste committed thereon during
the late war, by the troops of the United States, for which they have
received no compensation whatever, and have therefore prayed for leave
to discharge their said debt in the public securities of this State, which
prayer appearing reasonable to the legislature; therefore
XI. Be z'z‘fzzrZ/zer erzaez’ed a] Z/ze azzt/zorz'zj/ afar-'esaz'd, That it shall and
may be lawful, for the treasurer of this State, and he is hereby author-
ized and required, to receive from the said obligors, or either of them,
at any time before the ﬁrst day of May next, the amount of the princi-
pal and interest of the said bond, in any of the certiﬁcates by him issued
for interest, pursuant to the act entitled “An act for emitting the sum
of two hundred thousand pounds in bills of credit for the purposes
therein mentioned,” passed the eighteenth day of April one thousand
seven hundred and eighty six; and that upon the payment of the said
principal and interest in certiﬁcates as aforesaid, and of the costs of the
said suit in the current money of this State, all further proceedings on
the said judgment shall be stayed, and the said bond be delivered up to
the defendants to be cancelled. And the said treasurer shall and may
in like manner receive payment from the executors, administrators or
devisees of the late Philip Livingston Esquire deceased of the sum due
upon any contracts‘ made by him in his life time with the others of the
said trustees or any of them on account of the estate of the said Abra-
ham De Peyster deceased.
XII. And be 2'! fart/zer erzaez‘ed 6)) the auz‘lzorz'zfy aforesaid, That the
treasurer of this State for the time being, shall and may discontinue any
suit or suits by him commenced against John Ten Broeck, and Hen-
drick ]. Wendell sheriffs of the county of Albany, and John Sleght
sheriff of Ulster, pursuant to the thirty second section of the act entitled
“An act to compel the payment of the arrears of taxes, for enforcing
the payment of ﬁnes and amerciaments, obliging sheriffs to give security
for the due execution of their ofﬁces, and for other purposes,” passed
November the twenty sixth one thousand seven hundred and eighty
four, upon their exhibiting and ﬁling on oath such account and list as
directed by the said act, and paying the amount thereof, liquidated by
the auditor, together with the costs of such suit or suits, to the said
treasurer, on or before the ﬁrst day of August next.
XIII. Arzd ﬁe z'z‘farz‘lzer ezzaez‘ed by Me azzl/zorz'rjl aforesaid, That it shall
be lawful for any person or persons who are indebted for rent on any
conﬁscated or forfeited estate, to pay the same into the treasury, in any
certiﬁcates issued by the treasurer or auditor of this State.
XIV. And ée 2'! furt/zer enacted a)» the authority afaresaz'd, That in
all cases where the treasurer of this State is authorised, empowered or
required, to sue or prosecute for any debts, penalties or forfeitures, by
any law of this State, it shall be sufﬁcient for the treasnrer of this State
for the time being, in any action or suit brought, or to be brought, for
any such debts, penalties or forfeitures, to declare generally, that the
defendant is indebted to the treasurer of the State of New York, in the
amount of such debt, penalty, or forfeiture, by virtue of the act entitled
An act [here insert the title of the act in consequence of which the suit
CHAP. 95.3 ELEVENTH SESSION.
841
Q
is brought] to be paid to the treasurer of the State of New York for the
time being, for the use of the people thereof, when required, and to give
the special matter in evidence. And no such action or suit shall be
abated or discontinued by the death, resignation or removal from ofﬁce
of the treasurer; but shall and may be continued and prosecuted to
effect, by his successor in ofﬁce.
XV. And be it further enacted by the authority aforesaid, That if at
any time the treasurer of this State, shall have more indents issued for
interest due on any certiﬁcate given by order of the United States in
his possession than are or will be sufﬁcient to pay all the arrears due
upon requisitions of the United States in Congress assembled, payable
in such indents then it shall be lawful for the said treasurer, by and
with the advice and direction of the committee appointed by law to
assist the auditor of this State, to exchange the said indents with any
person or persons, for any of the principal or interest certiﬁcates of this
State, or otherwise dispose thereof, as they may think most for the
interest of the State; and if there should be at any time in the treasury
a greater quantity of the principal certiﬁcates of the United States, than
will be sufﬁcient to draw interest equal to the amount of the annual
requisitions of Congress, then it shall be lawful, for the said treasurer,
by and with the advice and direction of the said committee, to exchange
such overplus, with any person or persons, for any of the principal or
interest certiﬁcates of this State, signed by the treasurer, or otherwise to
dispose thereof, as they may think most for the interest of the State.
XVI. And be it further enacted by the authority aforesaid, That it shall
and may be lawful for the treasurer of this State for the time being, to
receive from Swantie Flemming and Pierre Edward Flemming her son,
and also from Efﬁe job, the amount of the principal and interest due
upon the several mortgages executed to the loan ofﬁcers of the late
colony of New York, by Peter Graham and Samuel job respectively, in
any public securities signed by the treasurer or auditorof this State, in
like manner as if the mortgaged premises had not been sold: Provided
that such securities be paid to the said treasurer within thirty days after
the passing of this act, and the treasurer shall and may thereupon return
to the said Swantie Flemming and Pierre Edward Flemming and to the
said Efﬁe job, the amount of the sums which they have respectively paid
in discharge of the said mortgages, if they shall respectively have come
into the treasury of this State.
And whereas, Allice Archer hath lately recovered in the supreme
court against Israel Honeywell, late acommissioner of sequestration for
the county of West-Chester, the sum of one hundred and ﬁfty six pounds
the amount of the damages and costs in a suit for the taking of certain
slaves, and which said slaves were taken and sequestered for the use of
the State, and one of the said slaves valued at twenty pounds, was con-
cealed after he had been seized and taken, so that no sale hath at any
time been made of the said slave by the said Israel Honeywell, but the
value of which said slave was included in the said sum of one hundred
and ﬁfty six pounds, and the said Israel Honeywell hath compounded
with the said Alice Archer in relation to the said slave, and he hath
relinquished to her the said slave, and she hath in consideration thereof
agreed that the sum of twenty pounds should be deducted from the
amount of the said judgment, so that the said Israel Honeywell hath a
claim of indemnity from the State against the said judgment, to the
amount only of one hundred and thirty six pounds: therefore.
XVII. Be it farther enacted by the authority aforesaid, That it shall be
lawful for the auditor of this State to allow to the said Israel Honeywell,
VOL. 2. —- 106
E
xch ange
of certiﬁ—
cates.
H
sire of
@1381‘
G
raham
and Sam-
uel Job.
Isra
Honeywell.
e1
8422
LAWS OF NEW YORK. [CHAR 95.
Abraham
Hodges .
on the ﬁnal settlement of his account, as a commissioner as aforesaid, a
credit against the State to the amount of the said sum of one hundred
and thirty six pounds. And it on such settlement, a ballance shall be
due to the said Israel Honeywell the treasurer shall pay to the said
Israel Honeywell the amount of such ballance; and such payment shall,
as far forth as to the amount of one hundred and thirty six pounds, be
made in money; and if the said Israel Honeywell shall already have
ﬁnally settled his said accounts, and any ballance is due to him from the
State, the auditor shall give him a certiﬁcate thereof; and the treasurer
shall thereupon pay to him the said sum of one hundred and thirty six
pounds: But if on such ﬁnal settlement already made, a ballance is
due from the said Israel Honeywell to the State, the said Israel Honey-
well shall be allowed acredit to the amount of the said sum of one
hundred and thirty six pounds, against such ballance so due from him;
and if on being allowed such credit, there shall then arise a ballance due
to the said Israel Honeywell, the treasurer shall pay to him the amount
of such ballance.
And whereas Malcolm Morrison a person attainted of adhering to the
enemies of this State, did on the thirty ﬁrst day of January one thou—
sand seven hundred and seventy ﬁve, mortgage in fee a parcel of lands
containing three hundred and forty acres, in the county of Albany to
John De Lancey, for the securing the payment of four hundred and ten
pounds, with lawful interest; and the commissioners of forfeitures for
the western district, not having knowledge of the said mortgage, did on
the thirty ﬁrst day of April. in the year one thousand seven hundred and
eighty one, for the sum of eighteen thousand three hundred pounds, in
the then paper currency, convey to Abraham Hodges two hundred and
eighty acres parcel of the said mortgaged premises; therefore,
XVIII. Be it further enacted hy the authority aforesaid, That the
treasurer shall pay to the said Abraham Hodges a sum equal to the
actual value of the sum of eighteen thousand three hundred pounds, at
the time of the payment thereof to the commissioners, by the said Abra-
ham Hodges, to be ascertained agreeable to the rule mentioned in the
proviso to the ﬁrst clause of the act for the further amendment of the
laws directing the sales of forfeited estates, passed the thirty ﬁrst day of
March in the year one thousand seven hundred and eighty one, together
with lawful interest from the said time of such payment, to the commis-
sioners and the amount of the costs in the suits commenced against him
by the said John De Lancey touching the said lands; and that it shall
be lawful for the commissioners of forfeitures for the western district, to
convey to the said Abraham Hodges, by conveyance in the usual form,
and for the consideration of ﬁve shillings to be expressed in the con-
veyance, the residue of the said mortgaged premises, and such payment
to the said Abraham Hodges and such conveyance as last aforesaid, to
be deemed in full satisfaction of all warranties from the State to the said
Abraham Hodges touching the said lands.
And whereas the commissioners of forfeitures for the middle district
did for the consideration of two thousand six hundred and eighty eight
pounds convey to Jacobus Swartwout a tract of land in the county of
Orange, forfeited by the attainder of Theodorus Snedeker who took the
said lands by devise from his brother Teunis Snedeker, charged with
the payment of a legacy of one hundred pounds to Sarah the wife of
Luke Teller; a like legacy to Neeltie the wife of David Brower; a like
legacy to Ariantie the wife of Solomon Waring, a like legacy to Mary
Snedeker, and a like legacy to Rebecca Snedeker.
CHAP. 95.] ELEVENTH sEssioN. 843
XIX. T/zerefore 6e 2'! furl/zer enaez‘ed by tile azez‘lzorz'z‘y aforesaid, That lLuke 'il‘el-
the treasurer of this State Shall from time to time, as the attorney general er en “1'
shall certify to him that the same remains respectively as yet owing and
chargeable on the said lands, pay to the said several legatees or their
legal representatives, the said respective legacies; and that he shall also
pay to the Said Luke Teller the costs which have accrued in a Suit, in
the name of the said Luke Teller and Sarah his wife, against the said
Jacobus Swartwout, for the recovery of the said legacy bequeathed to
the said Sarah.
Aim’ w/zeretzs the said commissioners, did, for the consideration of two
hundred and ninety pounds ten shillings, convey to Cornelius Decker a
tract of land situate in the county of Ulster, as forfeited by the attainder
of Latting Carpenter, and containing one hundred and ninety nine acres;
and the said Cornelius Decker did afterwards convey the said lands to
Stephen Case, who conveyed ﬁfty acres, parcel of the said lands, to
Nathaniel Quimby; one hundred and thirty acres, other parcel of the
said lands to Thomas Mott and Jacob Mott, and the residue of the‘said
lands to David Finch; and the Said vendees under the said Stephen
Case have been evicted in due form of law at the suit of the said Lat-
ting Carpenter, for want of title in the people of this State; therefore
XX. Be z'z‘furf/zer emzez‘eu’ éy Z/ze auf/zerz'ty aferesaz'a’, That the treasurer Nathaniel
of this State shall pay to the said Nathaniel Quimby the sum of seventy ‘gugl'flby
ﬁve pounds, to the said Thomas Mott and Jacob Mott the sum of one
hundred and ninety ﬁve pounds, and to the said David Finch the sum
of twenty eight pounds ten shillings, in full satisfaction of the warran-
ties from this State; and that he shall also pay to the said Thomas Mott
and Jacob Mott, to the said Nathaniel Quimby, and to the said David
Finch, severally, the costs accrued on the part of the plaintiff in the
suits against them severally, by the said Latting Carpenter for recovery
of the said lands.
XXI. Arm’ ée z'z‘fzerz‘lzer eizaez‘ed ﬁy t/ze azzf/zerz'zj» aferesaz'd, That it shall Nathaniel
be lawful for the treasurer to pay to Nathaniel Platt, the sum of ﬁfty Platt‘
pounds with the lawful interest for the same from the fourteenth day of
January, in the year one thousand seven hundred and eighty four; and
the like sum of ﬁfty pounds, with the lawful interest for the same, from
the second day of May, in the year one thousand seven hundred and
eighty ﬁve, to reimburse him for the like several Sums paid by him at
the respective times aforesaid, in satisfaction of two several legacies of
ﬁfty pounds each, the one to Elizabeth the Wife of Samuel Badgly, and
the other to Sarah the wife of Zaccheus Newcomb, and charged on lands
deemed to be forfeited by the attainder of Joseph Tobias, and conveyed
to the said Nathaniel Platt by the commissioners for procuring a sum in
specie.
XXII. And &e it further erzaez‘ed by t/ze auz‘lzorz'z‘y aferesaz'a’, That it Duncan
shall be lawful for the attorney general to enquire touching the interest of any and every person and persons not attainted of adhering to the given by-
enemies of this State, in the monies intended to be secured by a certain
mortgage of lands in the county of Dutchess from Duncan Campbell to
Roger Morris, Beverly Robinson, John Ogilvie, Nathaniel Marston and
Adolph Philipse, dated the ﬁfth day of May in the year one thousand
seven hundred and seventy two, for the securing the payment of one
thousand and ﬁfteen pounds with interest, and which lands as deemed
forfeited by the attainder of the said Duncan Campbell, have been con-
veyed by the commissioners of forfeitures of the middle district to
Thomas Hunt; and that it shall be lawful for the treasurer to pay to the
said several persons so interested as aforesaid, and not attainted or
844
LAWS OF NEW YORK. [CHAR 95.
John
Young.
William
McAdam.
Charles
McK night.
their legal representatives, their respective parts of the said monies
intended to be secured by the said mortgage, as the attorney general
shall advise; and the said several persons shall on such payment respect-
ively execute such releases or other matters for securing the said Thomas
‘Hunt, his heirs and assigns against the said mortgage, as the attorney
general shall deem requisite.
XXIII. And a» it aaZ/zorzlfy aforesaid, That it
shall be lawful for the attorney general to agree, as he shall deem equit-
able, with John Young of the city of New York sadler touching the pro-
portion to be paid by the State of the sum of one thousand pounds. the
amount of the monies paid by the said John Young, to the executors of
Elias Desbrosses deceased, in full payment of the principal and interest
due on a certain mortgage of lands in the county of Dutchess, from
John Kane, attainted ‘of adhering to the enemies of this State, to the
said Elias Desbrosses, in his life time, bearing date the sixth day of April,
in the year one thousand seven hundred and sixty three, for securing
the payment of the sum of seven hundred pounds, with the interest;
and in consideration of which said sum of one thousand pounds, the
executors of the said Elias Desbrosses have assigned the said mortgage
to the said John‘ Young, and of which said mortgaged premises the
said John Kane, before his attainder. conveyed several parcels to differ~
ent persons and among others. to the said John Young; and the resi—
due of the said mortgaged premises have been sold by the commis-
sioners of forfeitures as forfeited by the attainder of the said John Kane.
And that it shall be lawful for the treasurer to pay to the said John
Young, as the proportion of the said one thousand pounds to be paid
by this State, such sum as the attorney general shall advise; and that
the said John Young shall, on receiving such sum, execute such releases
or other acts for securing the several persons holding parcels of the said
mortgaged premises by title derived from the State, against the said
mortgage, as the attorney general shall deem requisite.
‘And w/zereas it appears that William McAdam one of the persons
named in the act entitled “An act for the forfeiture and sale of the
estates of persons who have adhered to the enemies of this State, and
for declaring the sovereignity of the people of this State in respect to
all property within the same ’ passed the twenty second day or October
in the year one thousand seven hundred and seventy nine, and intended
to be thereby attainted died before the passing of the said act, so that
no forfeiture accrued to the State by such intended attainder; there-
fore
XXIV Be 2'! farf/zer enaez‘ed by z‘/ze az/f/zorzz‘y aforesaid, That all sales
of land, by thecommissioners of forfeitures as deemed forfeited by the
attainder of the said \Villiam McAdam, shall be andhereby are declared
to be void, and the several vendees, their heirs and assigns, shall be
deemed as evicted, for want of title in the State, and they shall accord-
ingly be severally entitled to the beneﬁt of the provisions contained in
the fourteenth section of the act further to amend an act entitled “An
act for the more speedy sales of the conﬁscated and forfeited estates
within this State, and for other purposes therein mentioned,” passed
ﬁrst day of May in the year one thousand seven hundred and eighty
SIX‘, That it shall be lawful for the attorney general to enquire respect-
ing the title of the State to certain lands in Queens county, conveyed
to Charles McKnight by the commissioners of forfeitures, as forfeited
by the attainder of George I). Ludlow, and if on such enquiry it shall
appear probable. that the people of the State have no title to the said
lands. he shall give the said Charles McKnight a certiﬁcate thereof;
n'14/‘V1‘*ﬁ/J I11! 1‘!!!
LIIILIIO I'll/Lb
‘fr'lie’l‘lﬂ’l 1
t4! L/LLI uy but,
CHAP. 95.] ELEVENTH SESSION.
and the said Charles McKnight shall thereupon be entitled to the ben—
eﬁt of the provisions in the said fourteenth section of the said act passed
the ﬁrst day of May, in the year one thousand seven hundred and eighty
six.
And be it farther enacted by the authority aforesaid, That the trustees
in whom the estate of Benjamin Close late of \Vestchester county
deceased is vested by an act entitled “An act for the relief of Theodo-
sius Fowler and others,” shall be and hereby are inhibited from pro-
ceeding to the sale of the said estate, until the further order of the leg-
islature.
And be it further enacted by the authority aforesaid, That it shall be
lawful for the commissioners of forfeitures for the middle district, as
soon as conveniently may be after the passing of this act, and on a previous
notice to be published for six weeks successively in two of the public
news papers within this State, to sell at public vendue all the real estate
within the town of Poughkeepsie in the county of Dutchess, deemed
forfeited by the attainder of Bartholomew Crannell, and after retaining
thereout to his own use, the sum of ten pounds as a commission for his
services and expences, to pay the residue of the monies arising by such
sales to Gilbert Livingston and Peter Tappen of Poughkeepsie afore-
said, in trust to be applied by them in discharging whatever mortgages
or other incumbrances may be on the said premises, and in reimbursing
themselves the amount of such monies as they or either of them may
have expended in buildings or repairs on the said premises; and with
respect to such of the said monies arising by such sales as shall then
remain and with respect to such monies as they the said Gilbert Liv—
ingston and Peter Tappen or either of them shall at any time before
such sale have received as the rents of the said premises, they the said
Gilbert Livingston and Peter Tappen shall be deemed to be in the
nature of executors, trustees for the creditors of the said Bartholemew
Crannell; and if after payment of the whole of the debts owing from
the said Bartholemew Crannell, there shall remain an overplus of such
trustmoney, they the said Gilbert Livingston and Peter Tappen shall,
as to such overplus, be deemed trustees for the beneﬁt of Catnarine the
wife of the said Gilbert Livingston, and Elizabeth the wife of the said
Peter Tappen (which said Catharine and Elizabeth are such of the
children of the said Bartholemew Crannell, who have manifested an
attachment to the freedom and independence of the United States of
America) in equal shares: That on such sales, monies only and con-
sisting' in gold or silver, or bills of credit, shall be received in payment
and the conveyances from the commissioner shall not be deemed to oper-
ate as warrantees from the State; and the commissioners shall accord-
ingly insert in the conveyances immediately before the words “in wit-
ness ” the words “these presents however are in no wise to operate as
a warranty;” and instead of a warranty from the State, the respective
vendees, their heirs and assigns, shall have remedy against the said
Gilbert Livingston and Peter Tappen, their executors and administra-
tors for compelling the performance of the trust herein before speciﬁed,
for applying the monies arising by the sales of the said premises, in
discharging whatever mortgages or other incumbrances may be on the
same.
And whereas it is represented to the legislature that the persons
improperly taxed in the city and county of New York, and iutended to
be relieved by the act entitled “An act for the more effectual collec-
tion of the arrears of the tax therein mentioned, and for the relief of
persons improperly taxed in the city and county of New York and for
Benjamin
Close,
trustees of
Bartholo—
mew Cran-
nell, for-
feited
estate of.
846
LAWS OF NEW YORK. [CHAR 95.
Waldron
Blauw,
forfeited
estate of.
Chemung,
town of,
erected.
Weirs in
Susquehan-
na river.
Exemp-
tions from
other purposes,” have not yet been relieved and the time limited in the
same act is expired. Therefore.
Be z'z‘furt/zer enaez‘ed fry z‘lze aut/zorz'z‘y aforesaid, That the said recited
act be, and the same hereby is revived and continued in force until the
ﬁrst day of January next. And further, that the mayor, recorder and
aldermen of the city of New York for the time being, or the major part
of them, (of whom the mayor or recorder of the same city always to be
one) shall and they are hereby required, to execute the powers and
duties vested in and required from them, in and by the said recited act,
within the time above prescribed.
. And be it farZ/zer erzaez‘ed by the authority aforesaid, That all the real
estate late of Waldron Blauw, deceased, forfeited to and vested in the
people of the State of New York by his conviction, situated in the city
of New York, and remaining unsold, shall be and hereby is vested in
Eleanor Blauw his Widow, for and during her natural life, and from and
after her death, the same shall remain to the children of the said Eleanor
Blauw by her said late husband, equally to be divided between them,
and to their heirs and assigns forever, as tenants in common. And
fart/ler, that it shall be lawful for the said Eleanor Blauw, in her own
name to demand, sue for recover and receive to her own use, all such
debts as were due to the said Waldron Blauw at the time of the said
conviction, and which yet remain unpaid.
And be 2'! farZ/zer erzaez‘ed &y the authority aforesaid, That all that
part of the county of Montgomery beginning at the intersection of the
partition line between this State and the Commonwealth of Massachu-
setts, and the Pennsylvania line, and running from the said point of
intersection, due north, along the said partition line to the distance of
two miles north of the Tioga river, thence with a straight line to the
Owego river, to intersect the said river at the distance of four miles,
on a straight line from the conﬂuence thereof with the Susquehanna,
thence down the Owego and Susquehanna to the Pennsylvania line,
and thence along the same to the place of beginning, shall be and hereby
is erected into a town, by the name of Chemung. Arzd furz‘lzer, that
the freeholders and inhabitants of the said town shall be and hereby are
empowered to hold town meetings and elect such town ofﬁcers as the
freeholders and inhabitants of any district or town in the said county
of Montgomery may do by law; and that the freeholders and inhabit-
ants of the said town and the town ofﬁcers by them to be elected, shall
have the like powers and privileges as the freeholders, inhabitants and
town ofﬁcers of any other town in the said county are or shall be enti-
tled to; and that the ﬁrst town meeting shall be held at such time and
place as James Clinton, John Cantine, and John Hathorn or any two
of them shall, by writing under their hands, direct and appoint.
Arzd zo/zereas it is represented to the legislature, that divers persons
have been guilty of raising wiers and other obstructions in the Susque-
hanna river, within this State, whereby the navigation thereof has been
rendered dangerous, and the free course of the ﬁsh up the same river
impeded and diverted; For remedy 'w/zereof, [2e 2'! farZ/zer erzaez‘ed 12y i/ze
aat/zorz'zj/ aforesaid, That if any person or persons shall raise, erect or
build, or cause to be raised, erected or built any such wier or other
obstruction whatsoever in the same river, in any part of this State, he
or they shall respectively forfeit the sum of ﬁve pounds, for each offence,
to be recovered with costs of suit, before any court having cognizance
thereof, by any person or persons who will sue for the same.
And be it furt/zer enacted [2y the authority aforesaid, That the exemp-
tion to such persons as have formerly served as ofﬁcers in the army or
CHAP. 95.] ELEVENTH SESSION.
847
militia, by the act entitled “An act to regulate the militia,” or the
amendment to the said act, shall not be understood to extend to any
such persons then being ofﬁcers who have gone over to and joined the
enemy in the late war.
And be iz‘ fare/ler enaez‘ed by z‘lze auZ/zority aforesaid, That it shall be
lawful for the treasurer of this State, and he is hereby directed, to pay
the several sums of money following, viz.:
To Peter Schuyler, the sum of thirty pounds, as a compensation for
his expences and services, as commissioner of Indian affairs.
To Abraham Cuyler, the sum of ﬁve pounds and seven Shillings, for
Victualling and lodging seven Oneida Indians.
To Donald Campbell, the sum of eight hundred pounds, out of any
monies he may have in the treasury, after the ﬁrst day of April next, on
account of the United States, and eh rgc the same to them, agreeable
to the act of Congress, of the 11th of October last.
To David Younglove, a wounded soldicr, the sum of eight pounds.
To his excellency the governor, the sum of one hundred and ﬁfty
pounds, to procure materials for putting in order several pieces of artil-
lery; he to be accountable for the expenditure of the said sum.
A 12d be it farf/zer elzaeted by f/ze aat/zorizy aforesaid, That it shall be
lawful for the commissioners of the land ofﬁce, to direct letters-patent
to be issued to John Thurman, for the twelfth township in that tract of
country called and known by the name of Jessups purchase, for such
price per acre as they may judge proper, payable in any of the certiﬁ-
cates issued or to be issued by Gerard Bancker, treasurer of this State.
And be iz‘ fart/ler erzaez‘ed by Z/ze aza‘borz'zfy aforesaid, That the treas-
urer of this State, shall pay unto each of the agents employed on the
part of this State, to assist in ascertaining and running the line of juris-
diction between this State and the Commonwealth of Massachusetts, at
and after the rate of forty shillings per day, for every day they have
respectively been employed in the said service, over and above their
expences, to be ascertained and certiﬁed to the said treasurer by the
auditor of this State. Provided, that the salary of the surveyor general,
shall, for the time such allowance is made, be deducted from such
allowance.
A 12d be iz‘fart/zer e/zaez‘ed by Z/ze aat/zorizfy aforesaid, That the treasurer
of this State, as one of the agents employed on the part of this State in
ascertaining and running the line of jurisdiction between this State and
the Commonwealth of Massachusetts, retain in his hands the sum of two
hundred pounds, to be applied to the discharge of the accounts of the
said agents in the said business, they to be accountable for the same.
And w/zereas \Villiam Peters of the city of Philadelphia, hath by his
petition to the legislature represented, that previous to the late war, he
obtained a judgment in the supreme court, against George Croghan, in
which Suit a writ of venditioni exponas issued to the sheriff of the then
county of Tryon, on which writ was endorsed the sum of two thousand
two hundred and forty one pounds and four pence half penny, as the
amount of the principal, interests and costs, to be levied thereby. That
by virtue of the said writ, Alexander White Esquire the then sheriff of
the said county, seized and sold certain lands of the said George Cro-
ghan at which sales Thomas Jones became a purchaser to the amount
of nine hundred and forty two pounds four shillings, John Claus to the
amount of sixty six pounds thirteen shillings and four pence, Stephen
De Lancy, to the amount of seventy ﬁve pounds, and Richard Duncan
to the amount of two hundred and thirty four pounds; and the said
Alexander l/Vhite, on the ninth day of November, in the year one thou-
military
duty.
Appropria-
tion.
Peter
Schuyler.
Abraham
Cuyler.
Donald
Campbell.
David
Younglove
Artillery.
John Thur-
man, grant
to.
Massaeh u~
setts,
agents to
run bound-
ary line.
Id.
848 LAWS or NEW YORK. [clean ()5.
sand seven hundred and seventy four, executed conveyances to the said
several purchasers, for the lands by them respectively purchased, and
he delivered the same to James Duane the attorney of the said plaintiff,
as escrows, to take effect on the payment by the said purchasers sever-
ally, of the purchase money from them respectively due. That the said
purchasers, not having paid any part of the said purchase money, the
said conveyances still remain in the hands of the said James Duane, and
the plaintiff in the same suit, by reason of the troubles which soon after
took place, and of the attainder of the said Thomas Jones, John Claus,
Stephen De Lancey and Richard Duncan, hath been prevented from
taking measures for compelling them to pay the amount of the purchase
money due from them respectively, or for effecting a payment of the
monies recovered in the said suit; and therefore prayed the interposi—
tion of the legislature in his behalf. Therefore,
William Be z'z‘farf/zer e/zaez‘ed [2y ,Z/ze aaZ/zorz'zj/ aforesaid, That it shall be lawful
ifégﬁem for the surveyor general, as soon as conveniently may be, after the pass—
aeainsp ing of this act, to sell, in the manner directed by an act entitled “An
Geo. (,ro- . . .
gham act for the speedy sale of the conﬁscated and forfeited estates within
this State, and for other purposes therein mentioned,” passed 12th May
1784, the lands so purchased by the said Thomas Jones, John Claus,
Stephen De Lancey and Richard Duncan, and to pay of the monies
arising by such sale, to the amount of one thousand three hundred and
seventeen pounds, seventeen shillings and four pence, being the whole
amount ‘of the purchase money so due as aforesaid, with lawful interest
for the same, from the said ninth day of November, in the year one
thousand seven hundred and seventy four to the judgment creditors of
the said George Croghan, or their assigns, according to the priority of
their respective judgments remaining unsatisﬁed, and to pay the over-
plus of the said monies, if any there shall be, into the treasury of this
State. Provided, that such payment shall not be made to the said cred-
itors, until he the said William Peters shall have delivered to the com—
missioners, the said conveyances from the said Alexander White, duly
proved or acknowledged, and also the said writ of venditioni exponas:
Aizdpro'zxz'ded fart/zer, that monies only consisting in gold or silver, or
bills of credit of this State, shall be received by the commissioners in
payment on the said sales: Azzdprooz'dedfarz‘lzer, that the conveyances
from the commissioners in this case, shall not be deemed to operate as
warrantys from the State; and the commissioners, shall accordingly
insert in the conveyances, the words, "these presents however are in
no wise to operate as a warranty ” immediately before the words “ in
witness.”
1m And oe z'z‘ fart/ter e/zaez‘ed 6y f/ze azet/zorz'zj/ aforesaid, That the said
surveyor general shall cause the said writ of venditioni exponas to be
ﬁled in the ofﬁce of the clerk of the supreme court of this State, and
the clerk of the said court is hereby required to receive and ﬁle the
same writ accordingly; and the surveyor general shall cause the said
conveyances from the said Alexander White, to be recorded in the
ofﬁce'of the clerk of the county of Montgomery, the expence thereof to
be defrayed out of the monies to arise by the said sales, to be made by
the commissioners as aforesaid.
A/zd av/zereas that part of the county of Albany, heretofore the town-
ships of Schoharie and Duanesburgh, is now united into one town, which
from its extent is inconvenient to the inhabitants. Therefore,
Duanes- Be it farZ/zer enacz‘ed &y the authority aforesaid, That from and after
$31515,‘ the ﬁrst day of April, in the year of our Lord one thousand seven hun-
erected- dred and eighty nine, the said township of Duanesburgh, bounded on
CHAP. 95.] ELEVENTH SESSION.
849
the north by the county of Montgomery, on the west by Schoharie river,
and the Schoharie patent, on the south by the north bounds of lands
granted to Johannis Lawyer and others, and the south bounds of lands
granted to Captain Jonathan Brewer, and the manor of Rensselaerwyck;
and on the east by the west bounds of lands belonging to the Dutch
church of Shenectady, and the west bounds of the settlement called
Corry’s brook, shall continue and be a town by the name of Duanes-
burgh, with all the rights privileges and immunities, which are granted
to other towns within this State, by an act of the legislature passed in
this present session, entitled “An act for dividing the counties of this
State into towns;” and that the ﬁrst town meeting of the inhabitants of
the said town, shall be held at the dwelling-house now occupied by
Nicholas Reghter, in the said town, on the ﬁrst Tuesday in April, in the
year aforesaid.
Ana’ w/zereas it appears to the legislature, that Ananias Cooper, Mar-
tin Vosburgh, Thomas Lewis, John Van Benthuysen, and Anthony
Hoffman, were entitled to a tract of land being part of a larger tract
granted by letters patent to Joseph Totton and Stephen Crosﬁeld, com-
monly known by the name of Jessups Purchase; and by the events of
the late war, the several deeds, vouchers and papers respecting their
title to the said lands, had been carried off, and could not afterwards be
obtained, before the time limited for them to produce such claims was
expired. Therefore to afford relief in the premises,
Be 2'! furl/lee enaez‘ea’ ay Z/ze aai/zarz'z‘y aforesaid, That the commision-
ers of the land ofﬁce, are hereby authorized and directed, to examine
into the claims and pretentions of Anthony Hofman, Martin Vosburgh
and others, relative to a township of twenty four thousand acres of land,
within the limits of the purchase commonly called Jessups Purchase;
and if upon such examination it should appear to the commissioners, to
be a just and equitable claim, to order and. direct so much of the unap-
propriated lands within the said purchase, or next adjacent thereto,
within this State, to be granted to the said Anthony Hoffman and his
associates, as they shall deem just and equitable, upon such terms and
conditions as lands upon similar claims have been granted; and the
like provision is hereby made in favour of Roger Southerland.
Ana’ w/zereas Joshua T. D. St. Croix, did on the seventh day of June,
in the year one thousand seven hundred and seventy six, execute a bond
to Thomas Pearsall, of the city of New York, for six hundred pounds,
actually paid to the said Joshua T. D. St. Croix, who afterwards on the
fourth day of February in the year one thousand seven hundred and
seventy nine, conveyed to the said Thomas Pearsall, a certain tract of
land laying within this State, for the securing of the said debt; which said
tract of land became forfeited to the people of this State, by the convic-
tion of the said Joshua T. D. St. Croix. Ami whereas the said convey-
ance was prior to the act entitled “An act for the forfeiture and sale of
the estates of persons who have adhered to the enemies of this State,
and for declaring the sovereignty of the people of this State in respect
to all property within the same,” passed the twenty second day of Octo-
ber in the year one thousand seven hundred and seventy nine, it is
therefore proper that relief should be given to the said Thomas Pear-
sall, as a bona ﬁde purchaser of the said estate, and without any inten-
tion on his part, to defraud the people of this State. Therefore,
Be 22‘ farZ/zer eyzaez‘ea’ by t/ze aaZ/zerz'ziv aforesaid, That the provision
contained in forty second section of the act entitled “An act for the
speedy sale of the conﬁscated and forfeited estates within this State,
and for other purposes therein mentioned,” passed the twelfth day of
VOL. 2, —- 107
Anthony
Hoﬂ’ man
et, al.,
claim to
lands.
Thomas
Pearsall.
850
LAWS OF NEW YORK. [CHAR 95.
Claims for
impresses,
etc.
James
Duane, ex-
penses as
delegate to
Congress.
Certain
lands not
to be sold.
State
agent’s
orders to
members
of legisla-
ture.
Rent of
executive
mansion.
May in the year one thousand seven hundred and eighty four, shall be,
and hereby is declared to extend to the said Thomas Pearsall; and that
his claim on the estate forfeited to the people of this State, by the con-
viction of the said Joshua T. D. St. Croix, shall and may be adjusted
and paid in like manner as the claims of other persons are directed to
be adjusted and paid, by the said section; any thing in either of the
herein before recited acts to the contrary notwithstanding.
And be it fart/ter enacted by t/ze aut/zorizy aforesaid, That it shall be
lawful for the auditor, to examine the claims of persons against the State,
for pay or compensation for the hire of vessels, teams, or for provisions
or other matters, hired, taken or impressed by Egbert Dumond, Daniel
Graham, Moses Cantine, or by any person or persons authorized by his
excellency the governor, to hire vessels, make impresses, taking pro-
visions, or other matters; and to report a state of such claims to the leg-
islature, at their next meeting.
And be it fart/cer enacted by the aut/zority aforesaid, That the auditor
of this State be, and he hereby is directed and authorized, to audit
and settle the accounts of James Duane, for his expences as a delegate
of this State, in the Congress of the United States, in the years one thou-
sand seven hundred and seventy seven and one thousand seven hundred
and seventy eight, on the same principles as the salaries of the chancel-
lor and treasurer are directed to be settled, by the second section of an
act entitled, “An act for the payment of the salaries of the several
ofﬁcers of government, and of certain contingent expences, and for other
purposes therein mentioned,” passed the twelfth day of May, in the year
of one thousand seven hundred and eighty four; taking as a ratio on
such settlement thirty four shillings specie, as the expence of a day for
the maintenance of a delegate. his servant and two horses, while employed
on that duty; and estimating the Continental money by the scale of
depreciation of Pennsylvania, where it was expended.
And w/zereas Samuel Waterhouse, on the twenty fourth day of Septem-
ber, in the year one thousand seven hundred and eighty one, purchased
of John Lansing and Christopher Yates, Esquires as commissioners for
procuring a sum in specie, &c, three thousand ﬁve hundred and thirty
two acres of land in Skeens little patent, the boundaries of which land
are erroneously described; and the said Samuel \Vaterhouse having
prayed that the mistake may be rectiﬁed. Therefore,
Be it fart/ter enacted by the authority aforesaid, That the commis-
sioner of the eastern district, and the surveyor general, be inhibited,
from selling such part of the patent called Skeens little patent, lying
north and east of Mackintoch’s patent, until after the rising of the legis-
lature, at their next meeting.
And w/zereas, during the late war the members of the legislature
received orders from Udney Hay, then State agent, to be paid in wheat
for their services, as members of the legislature; and whereas, some of
the said orders remain unpaid. Therefore,
Be it furt/zer enacted by t/ze aut/zorizj/ aforesaid. That the treasurer of
the State shall and he is hereby authorized, to discharge such orders so
unpaid, at and after the ‘rate of eight shillings for every bushel of wheat,
mentioned in such order.
And be it further enacted by tile aut/zority aforesaid, That the treasurer
of this State shall pay to his excellency the governor, the sum of three
hundred pounds, in full for the rent of the house he now lives in,
together with the amount of. the taxes paid _on the ‘same, from the ﬁrst
day of May last, to the thirtleth day of April next inclusive.
INDEX.
t
A.
ABSCONDING DEBTORS.
See DEBTS AND DEBTORS.
ABSENCE.
Death, seven years deemed evidence of— chap 10, 11th sess. . . . . . . . . . . . . . . . . 611
ACADEMIES.
See EDUCATION.
ACKNOWLEDGMENTS.
False personation in— chap. 21, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 634
Proof of conveyances — chap. 44, I 1th sess . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 689
Proof of mortgages— chap. 45, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 69o
ACRE.
What quantity of land to comprise—chap. I3, 11th sess . . . . . . . . . . . . . . . . . . . . . 618
ACTIONS OF ACCOUNT.
Procedure in “chap. 46, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 692
Remedy by, giving further relief-- chap. 4, 11th sess . . . . . . . . . . . . . . . . . . . . . . . 596
ACTS AMEN DATORY AND SUPPLEMENTARY.
Fifth session:
chapter twenty-one - chap. 20, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
chapter thirty-six --chap. 58, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Sixth session :
chapter one—chap. 12, 8th sess., 24; chap. 94, 10th sess . . . . . . . . . . . . . . . . . 562
chapter twenty-eight—chap. 2, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
chapter twenty-nine --chap. 38, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Seventh session :
chapter one—chap. 19, 8th sess., 46; chap. 5, 9th sess . . . . . . . . . . . . . . . . . . 18:
chapter four—chap. 29, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
chapter thirty-four —- chap. I4, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
chapter ﬁfty-one —- chapter I 5, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
chapter ﬁfty-two—chap. 38, 8th sess., 72; chap. 95, 10th sess . . . . . . . . . .. 564
chapter ﬁfty-six ~—chap. 50, 9th sess., 294; chap. 75, 10th sess . . . . . . . . . .. 50!
chapter sixty-four; chapter 58. 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3o,"
Eighth session :
chapter four—chap. 49, 9th 5685 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 293
chapter seven —-chap. 34. 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65
chapter twelve—chap. 94, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562
chapter twenty-seven -- chap. 53, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
chapter twenty-eight — chap. 53. 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 298
chapter twenty-nine -—chap. 103, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590
chapter thirty-ﬁve— chap. 58. 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725
chapter forty-four -— chap. 46, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 289
852 INDEX.
Ninth session :
chapter twenty~three -— chap. 76, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502
chapter twenty-four—chap- 54, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 466
chapter twenty-ﬁve -- chap. 92, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
chapter forty — chap. 64, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
chapter ﬁfty— chap. 75, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501
Tenth session :
chapter eighty-one— chap. 72, 11th sess . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . 786
chapter eighty-ﬁve —- chap. 51, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
ACTS CONTINUED AND EXTENDED.
Fifth session:
chapter twenty-one -—chap. 20, 9th sess, 199; chap. 39, 11th sess . . . . . . 675
Seventh session :
chapter one -— chap. 5, 9th sess . . . . . . . . . . . . _ . . .. . . . . . . . . . . . . . . . . . . . . . . . 181
Eighth session :
chapter nineteen —- chap. 5, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
ACTS EXPLANATORY.
Debts due persons within enemies lines —~chap. 12, 8th sess . . . . . . . . . . . . . . . .; 20
ACTS REPEALED.
Colonial:
beef and pork, inspection of— chap. 55, 11th sess. . . . . . . . . . . . . . . . . . . . . .. 719
excise. regulating inns and taverns—chap, 48, 11th sess . . . . . . . . . . . . . . . . . 712
general repealing act -- chap. 73, 1 1th sess. . . . . . . . . . . . . . . . . . . . . . . . . .791, 795
interest, ﬁxing rate of, (1737) — chap. 13, 10th sess . . . . . . . . . . . . . . . . . . . . . 367
liquors, regulating sales of, and inns and taverns— chap. 48, 11th sess. . . 707
New York city, buildings in, (1775)-—chap. 90, 10th sess . . . . . . . . . . . . . . .. 555
prevention of ﬁres in, (1761)—chap. 90, 10th sess. . . . . . . . . . . . . . . . . . . . . .. 555
poor laws—chap. 62, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . 744
replevin, to prevent abuses of—chap. 5, 11th sess . . . . . . . . . . . . . . . . . . . . . 601
Ulster county, supervisors and assessors—chap. 56, 9th sess .. . . . . . . .. _. 305
Acts repugnant to treaty with Great Britain—chap. 41, 11th sess . . . . . . . . . . . . 679
General repealing act—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 791
First session : I
chapter seven—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
chapter eight—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter nineteen — chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
Second session :
chapter twenty-three —-chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797
Third session:
chapter twelve ——chap. 29, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
chapter thirty-six —— chap. 73, 1 1th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797
chapter forty-ﬁve—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter ﬁfty—chap. 73, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter sixty-eight —-chap. 56, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Fourth session '
chapter twenty-ﬁve —chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
chapter thirty-six -chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
chapter forty-seven ——chap. 5, 11th sess, 601; chap. 73, 11th sess . . . . . . . .. 795
Fifth session:
chapter thirteen --chap. 29, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
chapter twenty-three— chap. 73, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797
chapter twenty—eight—chap. 102, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . .. 585
chapter thirty-six -— chap. 89, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
Sixth session ;
chapter two—chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 191
chapter eleven (part) -—chap. 67, 9th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 343
chapter thirty-one (part) ——chap. 71, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 496
chapter thirty-nine— chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 795
Seventh session:
chapter ten - chap. 7, 8th sess. 18; chap. 81, 10th sess . . . . . . . . . . . . . . . . .. 523
chapter eleven -— chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797
INDEX. 853
Seventh session — (Continued):
chapter thirteen -—chap. 73, 11th sess.. . . . . . . . . _ . . , . . . . . . . . . .. . . . . . . . . . . 797
chapter twenty-one —- chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 797
chapter forty-one —- chap. 41, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
chapter forty-ﬁve—chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585
chapter ﬁfty-one —chap. 82, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
chapter sixty — chap. 66, 8th sess. 1 14; chap. 67, 9th sess . . . . . . . . . . . . . . . 343
chapter sixty-three (part)—chap. 97, 9th sess . . . . . . . . . . . . . . . . . . . . .. . . . . 343
chapter sixty-six—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
Eighth session :
chapter seven — chap. 81, 10th sess . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . t . . . . . 523
chapter ﬁfteen —-chap. 82, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
chapter twenty — chap. 41, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
chapter thirty-four—chap. 81, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 523
chapter forty —- chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
chapter forty-seven —chap. 73, 11th sess , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 795
chapter ﬁfty-eight -— chap. 89, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
chapter sixty-six — chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
chapter sixty-eight—chap. 81, 10th sess., 524; chap. 73, 11th sess . . . . . __ 795
Ninth session:
chapter ﬁfteen — chap. 73. 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter eighteen—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter twenty-nine—chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 795
chapter thirty-three— chap. 89, 10th sess. 555; chap. 73. 11th sess . . . . . . . . 795
chapter thirty-four—chap. 29, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639
chapter thirty-nine -—-chap. 27, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 637
Tenth session:
chapter forty-nine -—-chap. 73, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter eighty— chap. 73, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 797
chapter one hundred and two, § 24—chap. 73, 11th sess . . . . . . . . . . . . . . . . . 797
chapter one hundred and two, § 7 - chap. 95, 11th sess . . . . . . . . . . . . . . . . ,. 839
ACTS REVIVED.
Seventh session:
chapter thirty-four—chap. 14, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Eighth session:
chapter nineteen—chap. 5, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 181
chapter twenty-eight — chap. 79, 10th sess, , , _ , i , . . . . . . . . . . . . . . . . . . . . . . . 507
Ninth session:
chapter ﬁfty-three—chap. 79, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
ADMINISTRATORS.
See EXECUTORS AND ADMINISTRATORS.
ADMIRALTY, COURT OF.
To prevent encroachments 0f~— chap. 24, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 394
ADVOCATES.
See CoURTs.
. AFFIRMATIONS.
Quakers may make—chap. 33, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 410
See, also, OATHS.
ALBANY, CITY OF.
Charter rights altered — chap. 63, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 483
Excise commissioner in --chap. 48, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 707
Fires, better extinguishment of—chap.‘ 79, 11th sess . . . . . . . . . . . . . . . . . . . . . .. 802
Hudson river, to improve—chap. 84, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 533
Malicious mischief in -- chap. 66, 10th sess . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. 489
Poor, relief of—chap. 62, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 731
Stage route to New York— chap. 52, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 99
Tax laid for contin ent charges —chap. 69, 8th sess . . . . . . . . . . . . . . . . . . . . . . . .. 122
Watchmen in, tax or—chap. 70, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ .. 784‘
8554 INDEX.
' ' ALBANY COUNTY.
Boundaries of—chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 745
Colonic, highways in —-chap. 44, 9th sess . . . . . . . . . . . . . . . . . z . . . . . . . . . . . . . ._ 286
Columbia county, erected from —- chap. 28, 9th sess. . . . . . . . . . . . . . . . . . . . . . . .. 234
Court-house and gaol, tax for— chap. 69, 11th sess . . . . . . . . . . . . . . . . . . . . . . . .. 783
Division not to affect proceedings on loan —chap, 64, 9th sess . . . . . . . . . . . . . .. 326
Duanesburgh, town of, erected —chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 848
Highways, amended— chap. 95, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
Hudson, city of, incorporated --chap. 83, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Schenectady, night watch and ﬁremen —-chap. 49, 11th sess . . . . . . . . . . . . . . . .. 712
Towns in—chap. 64, 11th sess.. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 757
ALDERMANIC COURTS.
See COURTS.
ALIENS.
De Vidal, Francisco Pablo, conveyance by, legalized —chap. 102, 10th sess.. 585
See, also. NATURALIZATION.
AMENDMENTS.
Jeofails and, concerning-L chap. 32, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 646
AMERCIAMENTS.
See FINES AND FORFEITURES.
APPRENTICES.
Act concerning—chap. 15, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
APPROPRIATIONS.
Accounts, settlement of—chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 837
Annual —-chap. 90, 8th sess., 170; chap. 63, 9th sess., 324; chap. 99, 10th sess.,
571; chap. 93,11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 831
Columbia college—chap. 15, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Committee of safety, persons paying money by order of— chap. 102, 10th sess. 580
Indian affairs— chap. 47, 11th sess . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 705
Massachusetts boundary, advances to agents —- chap. 49, 9th sess. . . . . . . . . . . . . 293
Secretary of State, transcribing records—chap. 13, 9th sess. . . . . . . . . . . ..
Supply bills—chap. 17, 8th sess., 39; chap. 66, 9th sess., 328; chap. 102, 10th
sess., 580; chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. United States, payments to—chap. 53, 8th sess., 100; chap. 48, 9th sess., 291 ;
chap. 83, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . ..
War claims-— chap. 90, 8th sess., 17o; chap. 66, 9th sess., 328; chap. 102, 10th
837
53I
sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58o
ARGYLE, TOWN OF.
Erected—chap. 18, 9th sess . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Washington county courts at—chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . 588
ARREARS OF TAXES.
See ASSESSMENT AND TAXATION.
ARRESTS.
Vexatious, to prevent --Chap. 26, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 395
ARTICLES OF CONFEDERATION.
Acceding to amendment—chap. 63, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
ASPINWALL, JOHN.
Real estate vested in trustees -—chap. 52, 9th sess. . . . . . .. . . . . . . . . . . . . . . . . 296
ASSEMBLY, MEMBERS OF.
See LEGISLATURE.
ASSESSMENT AND TAXATION.
Albany, city of, contingent charges -chap. 69, 8th sess . . . . . . . .. . . . . . . . . . . . 122
watchmen in - chap. 7o, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 784
county of, court-house and gaol —- chap. 69, 1 1th sess . . . . . . . . . . . . . . . . . . . . 783
INDEX. 855
Arrears of taxes, collection of—chap. 16, 8th sess., 31; chap. 21, 9th sess.,
200; chap. 74, 10th sess., 500; chap. 77, 11th sess . . . . . . . . . . . . . . . . . . . . . . .. 799
Bedford, town of, arrears of poor tax—chap. 60, 11th sess . . . . . . . . . . . . . . . . . . . 729
Collectors, relief of— chap. 30, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 61
Columbia county, court-house and gaol —chap. 74, 11th sess . . . . . . . . . . . . .. 797
Counties, public and neccessary charges of—chap. 65, 11th sess. . . . . . . . . . . . 769
County taxes, arrears of—chap. 74, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Dutchess county, court-house and gaol—chap. 67, 8th sess., 119; chap. 31,
9th sess., 238; chap. 55, 10th sess., 467; chap. 78, 11th sess . . . . . . . . . . .. 801
mode of— chap. 36, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Levy of State tax—chap. 56, 9th sess., 301 ; chap. 77, 10th sess., 505; chap. 76,
11th sess., 799; chap. 86, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 811
Newtown, town of, arrears in -—chap. 70, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 495
New York city, arrears—chap. 86, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 539
contingent charges—chap. 84, 8th sess., 163; chap. 26, 9th sess., 229;
Chap. 68, 10th sess., 492; chap. 68, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . 782
dogs—chap.42,8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 83
mode of—chap. 40, 8th sess., 8o; chap. 62, 10th sess., 482 ; chap. 67, 11th
sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 776
Persons improperly taxed, relief of— chap. 75, 8th sess . . . . . . . . . . . . . . . . . . . . . . 143
in exile during war—chap. 64, 10th sess . . . . . . . . . . ..- . . . . . . . . . . . . . . . . . .. 485
Queens county arrears of poor tax—chap. 55, 8th sess . . . . . . . . . . . . . . . . . . .. 101
court-house and gaol—chap. 44, 8th sess., 84; chap. 46, 9th sess . . . . . . . . . 289
Richmond county, dogs—chap. 11, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
relief of Benjamin Micheau —-chap. 52, 11th sess . . . . . . . . . . . . . . . . . . . . . . .. 716
Schenectady, watch house—chap. 49, 11th sess. . . . . . . . . . . .. . . . . . . . . . . . . . . .. 712
Suﬁ‘olk county, arrears —chap. 32, 9th sess. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24o
court-house and gaol—chap. 44, 8th sess . . . . . . . . . . . . . . . . . . . . . . . .-. . . . . .. 84
Time extended for payment of tax of 1787—chap. 76, 11th sess . . . . .. . - . . . .. 799
Westchester county, court-house and gaol —chap. 59, 9th sess., 316; chap. 60,
11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 728
ASSISE, VVRITS OF.
Damages in, recovery of —-chap. 3, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 347
Grand assise, trials by— chap. 7, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 182
Process and proceedings in, regulated -—chap. 50, 10th sess . . . . . . . . . . . . . . . . . . 456
See, also, COURTS.
ASSOCIATED MANUFACTURING IRON COMPANY.
Incorporation of— chap. 51, 9th session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 295
ATTORNEY—GENERAL.-
Fees of—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 129
ATTORNEYS AND COUNSELLORS.
Certain acts repealed —chap. 29, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Fees of—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 127
Smith, George, relief act—chap. 65, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 113
See, also, COURTS.
AUCTION.
Barclay, James, auctioneer —chap. 17, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 196
Sales by, regulating, amended—chap. 29, 9th sess. . . . . . . . . . . . . . . . . . . . . . . . . . 237
AUDITOR.
Act appointing, extended and amended—chap. 20, 9th sess., 199; chap. 39,
11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 675
Claims, divers, auditing of—chap. 80, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 147
Settlement of public accounts by— chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . .. 837
AUTHORS.
Copyright provided for—chap. 54. 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 298
AVORY, ANNE.
Estate of, deceased, relating to—chap. IO, 9th sess. . . . . . . . . . . . . . . . . . . . . . . . .. 188
856 INDEX.
B.
BAIL.
Bailment of persons -— chap. 31, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 405
Right of persons to—chap. 26, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
See, also, COURTS.
BANCKER, GERARD.
State treasurer, continued as—chap. 1, 8th sess., 1 ; chap. 4, 9th sess . . . . . . .. 18o
BANYAR, GOLDSBROW.
Relief of--chap. 93, 10th sess. . . . . . . . . . . . . . . . ._. . . . . . . . . . . . . . . . . . . . . . . . . . 561
BARCLAY, JAMES.
May be appointed auctioneer—chap. 17, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 196
BASTARDS.
Support of —chap. 14, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 618
BATTLE, TRIAL BY.
Abolished ——chap. 7, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . 182
BEARER.
Public securities payable to —— chap. 19, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I99
_ BEDFORD, TOWN OF.
Court—house to be erected in -- chap. 59, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 316
Poor tax, arrears of—chap. 60, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 729
BEEF.
Regulating exportation of— chap. 55, 11th sess . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 719
BEEKMAN, TOWN OF
South boundary of—chap. 55, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
BENNETT, JEROMEZ.
Mortgage by. to Ram Hertenburgh —- chap. 74, 8th sess . . . . . . . . . . . . . . . . . . . .. 141
BEVIER, DANIEL.
Estate vested in trustees-- chap. 41, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 81
BIGAMY.
Act to prevent -—- chap. 24, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
BILLS OF CREDIT.
Cancellation of certain -— chap. 32, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Counterfeiting, a felony—chap. 88, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Loan of£ 200,000— chap. 40, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
New emission of—chap. 30, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64o
Payable to bearer— chap. 19, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 199
See, also, PUBLIC LoANs AND PUBLIC MONIES.
BLAKE, JANE.
Relief 0f——chap. 5, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
BLAKE, JONATHAN.
Relief of creditors of—chap. 5, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 -
BOARD OF LAND COMMISSIONERS.
See COMMISSIONERS OF THE LAND OFFICE; LANDs.
BOUNDARIES OF THE STATE.
Massachusetts, agents, supplementary—chap. 49, 9th sess . . . . . . . . . . . . . . . . . 293
commissioners to vindicate —- chap. 4, 8th sess., 3; chap. 79, 10th sess. . .. 507
Congress may direct running of ——chap. 28, 8th sess., 57; Chap. 53, 9th sess. 298
to complete running of— chap. 46, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 443
to establish, amended -- chap. 2, 8th sess.. . . . . .. . . .. . . . . . . . . . . . . .. 2
Pennsylvania, running of—chap. 29, 8th sess., 6o; chap. 103, 10th sess . . . . . . 590
INDEX. 857
BOUNTIES.
Hemp raised in the State — chap. 68, 8th sess, 120; chap. 54, 11th sess . . . . . . .. 718
BRADSTREET, JOHN.
Heirs of, partition of lands — chap. 96, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 566
BRADSTREET, MARTHA.
Heirs of, partition of lands -- chap. 96, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. 566
‘ BRIDGES.
Toll, over Hoosick river— chap. 59, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 727
BROOKLYN, TOWN OF.
Fires, better extinguishment of -— chap. 80, 11th sess . . . . . . . . . . . . . . . . . . . . . .. 804
- BUGGERY.
Punishment of vice of— chap. 21, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
BUTTER.
Regulating exportation of—chap, 53, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 717
BYVANCK, ANTHONY. '
Real estate vested in trustees -— chap. 9, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . I9
BYVANCK, PETER.
Relief of —- chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
c.
CANADIAN REFUGEES. '
Grant of lands to — chap. 67, 9th sess . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 339
CAPITAL OF THE STATE.
Legislature, where to meet— chap. 14, 9th sess. . . .u . . . . . . . . . . . . . . . . . . . . . . . . . 194
CARPENTER, JOHN.
Mortgage to, recording of—chap. 74, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I41
CASEY, TEUNIS.
Pardoned of murder — chap. 3, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CAUGHNA'WGA, DISTRICT OF.
Elections in—chap. 7, 10th sess . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . .. 352
Lands to Dutch church at— chap. 73, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. 498
CENSUS.
Providing for taking of, 1786—chap. 8, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 184
CERTIFICATES.
Counterfeiting, a felony of— chap. 88, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Forfeited estates, receivable on sale of— chap. 58, 9th sess . . . . . . . . . . . . . . . . . . 307
Payable to bearer —- chap. 19, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
See, also, PUBLIC LOANS AND PUBLIC MONIES.
CERTIORARI.
Abuses by, to prevent—- chap. 2, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 593
‘ CHAMPERTY.
To prevent and punish -chap. 18, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 629
CHASE, WILLIAM. .
Toll bridge, Hoosick river—~chap. 59, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 727
CHARLOTTE PRECINCT.
Clinton and Washington erected from -- Chap. 15, 9th sess . . . . . . . . . . . . . . . . . . 194
VOL. 2. —— 108
858 INDEX.
CHEESCOCKS, PATENT OF.
Wawayanda boundary, amended — chap. 38, 9th sess . . . . . . . . . . . . . . . . . . . . . . . 25>
CHEMUNG, TOWN OF.
Appropriation for expense of laying out —chap. 3, 11th sess . . . . . . . . . . . . . . . . 834
Erected—chap. 95, 11th sess . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 846
CHURCHES.
Protestant Episcopal, corporation for relief of widows and children of clergy-
men —chap 34, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 411
Trinity church, New York, name changed—chap. 66, 11th sess . . . . . . . . .. 776
Reformed Protestant Dutch, Caughnawaga, lands— chap. 73, 10th sess . . . . . . 498
Flatbush, academy—chap. 54, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 300
incorporation of— chap. 61, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... p30
CITIES.
Albany, charter amended —chap. 63, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 483
Bastard children, support of— chap. 14, 11th sess. . . . . . . . . . . . . . . . . . . . _ . . . . . .. 618
Hudson, incorporated —-chap. 83, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 154
Malicious mischief in —chap. 66, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 489
Poor, to support their own — chap. 62, I 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731
. CITIZENS.
Liberty of, to secure --chap. 39, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
Rights of, concerning— chap. 1, 10th sess . . . . . . .- . . . . . . . . . . . . . . . . . . . . . . . . . . 344
See, also, NATURALIZATION.
CLARK, THOMAS.
Relief of, lands at New Perth ——chap. 73, 8th sess ................. ... ..... .. '139
CLAVARACK PRECINCT.
Hudson. city of, erected —- chap. 83, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
> ‘ CLERKS.
Fees of—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 124
Recording fees — chap. 71, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
See, also, CONVEYANCES; CoURTs.
CLERMONT, TOWN OF.
Erected -- chap. 49, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
CLINTON COUNTY.
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747
Courts and elections in—chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747
Towns in —chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 760
CLINTON PRECINCT.
Erected, out of Charlotte and Rhynbeck—chap. 15, 9th sess . . . . . . . . . . . . . . . . 194
CLOSE, BENJAMIN.
Relief of heirs of— chap. 93, 10th sess., 559; chap. 95, 11th sess. . . . . . . . . . . .. 845
COIN.
Copper, regulating circulation —- chap. 97, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . 569
See, also, COUNTERFEITING.
COLDEN, CADWALLADER.
Estate of David Colden vested in -— chap. 101, 10th sess . . . . . . . . . . . . . . . .. ... . 579
COLLECTORS OF CUSTOMS.
New York and Sagg Harbor-- chap. 6, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
New York, salary increased —chap. 17, 8th sess. .. . . . . . . . . . . . . . . . . . . . . . . . . . 42
See, also, TRADE AND COMMERCE.
INDEX. 859
COLLECTORS OF TAXES.
Relief of -;- chap. 30, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . .. . . 61
Security to be given by -— chap. 33, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
See, also, ASSESSMENT AND TAXATION.
COLLEGES.
Columbia, charter conﬁrmed —-cha_p. 82, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . ' 526
money advanced to —— chap. 15, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Incorporation of—chap. 82, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 524
See, also, EDUCATION.
COLONIE.
Repairs of highway in —-chap. 44, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
‘ COLUMBIA COLLEGE.
Charter conﬁrmed— chap. 82, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526
Treasurer to advance money to —-chap. 15, 8th sess . . . . . . . . . . . . . . . . . . . . . . 31 .
COLUMBIA COUNTY.
Boundaries of—chap. 63, 11th sess. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 746
Clermont, town of, erected out of manor of Livingston — chap. 49, 10th sess. 455
Court-house and gaol, assessment for—— chap. 74, 11th sess . . . . . . . . . . .. . .. 797
Erected from Albany— chap. 28, 9th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Highways in, amended— chap. 95, 10th sess . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . 564
Loan of £200,000 in 1786 —- chap. 64, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 326
Towns in— chap. 64, 11th sess . . . . . . . . . . . . . .. , . . . . . . . . . . . . . . . . . . . . . . . . . .. 756
COMBUSTIBLES.
New York city, storage of— chap. 43, 9th sess . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . 285
COMMERCE. '
See TRADE AND COMMERCE.
COMMISSIONERS OF FORFEITURES.
Eastern district, instructed— chap. 11, 10th sess. . .. . . . . . . . . . . . . . . . . . . . . . . . .. 364
Indemniﬁcation of—chap. 33, 8th sess . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 64
Oﬂice abolished—chap. 90, 11th sess . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 818
Speedy Sales, amended—chap. 58, 9th sess . . . . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . 307
\Nestern district, conveyances by— chap. 91, 11th sess . . . . . . . . . . . . . . . . . . . . . . 822
See, also, FORFEITED ESTATES.
COMMISSIONERS OF SEQUESTRATION.
Indemniﬁcation of—chap. 33, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64
COMMISSIONERS OF THE LAND OFFICE.
Board of, created—chap. 66, 8th sess., 114; chap. 67, 9th sess . . . . . . . . . . . . . . .. 334
Powers of, extended—chap. 89, 11th sess . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. 815
See, also, LANDS.
COMMON PLEAS.
See CoURTs.
CONFISCATED ESTATES.
See FoRFErTED ESTATES.
CONGRESS OF THE UNITED STATES.
Acceding t0 requisition of— chap. 83, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 531
Exportation and importation, may prohibit—chap. 56, 8th sess - . . . . . . . . . . .. 102
Massachusetts boundary line—chap. 28, 8th sess., 57; chap. 53, 9th sess. .. .. 298
See, also, UNITED STATES OF AMERICA.
CONSPIRACY.
To prevent and punish—chap. 18, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . __ . . . . . . 629
860 INDEX.
CONSTABLES.
Delinquents, to punish—chap. 20, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
Security to be given by—chap. 33, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. 24o
CONVEYANCES.
Acknowledgments, false personation in- chap. 21, 11th sess . . . . . . . . . . . . . . .. 634
Mortgages, recording of—chap. 45, I 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 690
Proof of, for recording ——chap. 44, 11th sess.; . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 689'
Recording fees of clerks—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 137
Registry of certain — chap. 45, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 442
Tenants In tail, etc., by—chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 191
See, also, LANDS.
COPARCENY.
Partition of lands held in—chap. 8, 11th sess. .. . . . . . . . . . . . . . . . . . . . . . . .. . .. 605
COPYRIGHT.
Providing for —— chap. 54, 9th sess. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
CORONERS.
Act concerning— chap. 18, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 386
Albany city, one coroner in— chap. 63, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. 484
Fees of—chap.71,8th sess...-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I36
CORPORATIONS. _
Associated Manufacturing Iron Company—chap. 51, 9th sess . . . . . . . . . . . 295
Marine Society of New York city, name changed—chap. 66, 9th sess . . . . . . .. 334
Society of the Hospital, New York city, excise monies -——chap. 48, 11th sess. . 709
See, also, CHURCHES.
COSTS.
General act—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Laws relating to, reduced to one statute—chap. 14, 10th sess . . . . . . . . . . . . . . . . 367
COUNSELLORS.
See ATTORNEYS AND CoUNsELLoRs; CoURTs.
CO UNTERFEITING.
A felony—chap. 88, 8th sess. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 168
To prevent and punish—chap. 20, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 632
COUNTIES.
Act dividing State into—chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 744
Arrears of taxes—chap. 74, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Columbia, erected from Albany—chap. 28, 9th sess. . . . . . . . . . . . . . . . . . . . . . . . 234
Contingent and necessary charges —— chap. 65, 11th sess . . . . . . . . . . . . . . . . . . . . . . 769
Mortgages, cancellation of record— chap. 18, 8th sess . . . . . . . . . . . . . . . . . . . . . . . 44
Towns, act dividing counties into-—chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . 748
COUNTY CLERKS.
See CLERKs; CoNvEYANcEs; CoURTs.
COURT-'HOUSES.
See the various counties.
COURT OF CHANCERY.
See CoURTs.
COURT OF ERRORS.
Established - chap. 11, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Fees of clerks—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
See, also, COURTS.
. COURT OF EXCHEQUER.
Established --chap. 9, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
See, also, COURTS.
INDEX.
861
COURTCHPPROBATES
See COURTS.
COURTS.
Absconding and absent debtors, relief against -- chap. 24, 9th sess . . . . . . . . . . .
Accounts, actions of, remedy by --chap. 4, 11th sess . . . . . . . . . . . . . . . . . . . . . .
procedure—chap. 46, 11th sess... ..
Actions and suits, limitations of -— chap. 43, '1 1th sess . . . . . . . . . . . . . . . . . . . . .
Administration, granting of — chap. 38, 10th sess. ..
Admiralty, to prevent encroachments of— chap. 24, 10th sess. .. . . .
Alienations by life tenants—chap. 48, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments, concerning -- chap. 32, I 1th sess. . . . . . . . . . . . . . . . . . . . . . . . . . .
of the law and advancement ofjustice —— chap. 46, 11th sess . . . . . . . . . . . .
Arrests, to prevent vexatious - chap. 26, 10th sess. . . . . . . . . . . . .
Assises, process, etc., in —— chap. 50, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attornies and counsellors, act concerning—chap. 35, 10th sess . . . . . . . . . . ..
relating to, repealed -— chap. 29, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bailment of persons, act touching —— chap. 31. 10th sess . . . . . . . . . . . . . . . . . . . .
Buggery, to punish —- chap. 21, 10th sess . . . . . . .
Certiorari, writs of, to prevent abuses by —— chap. 2, 11th sess . . . . . . . . . . . . . .
Champerty, to prevent and punish —- chap. 18, 11th sess . . . . . . . . . . . . . . . . . . .
Circuit courts, establishment of-—-chap. 41, 9th sess . . . . . . . . . . . . . . . . . . . . . . .
Clinton county, terms, at Plattsburgh— chap. 63, I 1th sess . . . . . . . . . . . . . . . .
Collusion, to prevent recoveries by— chap. 48, 10th sess . . . . . . . . . . . . . . . . . . . .
Common pleas, regulating courts of -- chap. 10, 10th sess . . . . . . . . . . . . . . . .
Coroners, act concerning— chap. 18, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs, general act regulating—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . .
justices’— chap. 89, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
laws relating to, reduced to one statute -- chap. 14, 10th sess . . . . . . . . . .
Damages in writs of assise and real actions--chap. 3, 10th sess . . . . . . . . . . . . .
Death of persons, when absence deemed evidence of— chap. IO, 11th sess. . . .
. 12, 8th sess . . . . . . . .
Delinquent jurors, constables and others, to punish — chap. 20, 8th sess. . .
Descent, law of-- chap. 12, 9th sess . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Distress for rent, concerning—~chap. 36, 11th sess . . . . . . . . . . . . . . . . . . . . . . . ..
Divorces, trial and allowing of —- chap. 69, 10th sess . . . . . . . . . . . . . . . . . . . . _ . .
Dower, concerning— chap. 4, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Errors, for correction of— chap. 1 I, 8th sess. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
revent -- chap. 5, 10th sess . . . . . . . . . . . . . . . . . . . . . . . .
Exchequer, establishe — chap. 9, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executions, delays of, to avoid -— chap. 3, 11th sess.. . . . . . . . . . . . . . . . . . . . . .
sale of lands on— chap. 56, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executors and administrators, concerning—chap. 19, 10th sess . . . . . . . . . . ..
Extortion, to prevent—chap. 19, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees of ofﬁcers and ministers of justice — chap. 71, 8th sess. . . . . . . . . . . . . . .
Felons, apprehension of— chap. 20, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Felony, appeals of—chap. 30, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
proceedings in case of-— chap. 37, I 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fines, concerning--chap, 43, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forcible entries and detainers, to prevent—chap. 6, 11th sess . . . . . . . . . . . . .
Frauds, statute of-—-chap. 44, 10th sess. . .. . . . _ . . . . . . . . . . . . . . . . . . . . . . . ..
Gaol delivery, courts of— chap. 38, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .
General sessions of the peace, regulating‘—— chap. 10, 10th sess . . . . . . . . . . ..
to prevent delays in — chap. 2, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Habeas corpus, writs of— chap. 39, 10th sess . . . . . . . . . . . . . . . .. . . . . . . . . . . . .
Idiots, lunatics and infant trustees, concerning— chap. 12, 11th sess . . . . . . .
lmpeachments, trial of— chap. I I, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inferior, acts supplementary— chap. 58, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . .
debts of value of ten pounds — chap. 89, 10th sess . . . . . . . . . . . . . . . . . . . . .
Informers, actions by— chap. 9, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Intestates’ estates, settlement of— chap. 38, 10th sess . . . . . . . . . . . . . . . . . . . . .
Debts due persons in enemy's lines, actions for-- chap
Essoins, delays by, to
Issues, trial of, regulating— chap. 41, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .
o I I l O Q 0 O Q O I O I Q U Q Q I I.
O I l D Q 0 O O I ' O I l Q O O I I b U i I I.
450
360
386
.124.
5%!
367
347
61 1
24
47
I 91
655
494
347
21
350'
18 5
595
467
388
632
I 24
390
404
664
433
601
438
672
360
593
.. 424
.. 617
21
103
547
.. 608
.. 419
273
862 - INDEX.
Jeofails, act conderning -—chap. 32, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 646
Jurors, impanelling of—chap. 41, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
Justices o the peace, concerning—chap. 8, 10th sess . . . . . . . . . . . . . . . . . . . . . .. 352
Lands, partition of-- chap. 39, 8th sess . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 73
partition of, held in joint tenancy, etc. ——chap. 8, 11th sess. . . . . . . . . . . . . .. 605
recoveries of—chap. 43, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
sale of, to pay decedent’s debts —chap. 27, 9th sess. . . . . . . . . . . . . . . . . . . .. v230
Larceny, offenses under degree of grand - chap. 65, 10th sess. . . . . . . . . . . . . . 485
Maintenance, to prevent -—chap. 18, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
Mandamus, writs of— chap. 11, 11th sess . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 615
Minors and married women on whose lives estates depend, production of—
chap. 10, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 611
Mortgage foreclosure, absconding mortgagor —chap. 27, 8th sess., 55; chap.
53, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
Murder, act concerning— chap. 22, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
New York city, terms of—chap. 40, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8o
Outlawries, regulating—chap. 9, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 357
Oyer and terminer and gaol delivery, concerning—chap. 38, 11th sess . . . . . . . 672
Penalties, ﬁnes and amerciaments, remission of certain —-chap. 12, 10th sess. . 364
Perjury, to prevent -—chap. 17, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 627
Personal actions, process in —— chap.‘ 9, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Pleadings in certain suits ——chap. 27, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
Prisoners breaking prison, judgment in case of— chap. 26, 11th sess . . . . . . . .. 636
Privilege, preventing inconveniences from -— chap. 34, 11th sess . . . . . . . . . . . . . 651
Process, service and return of —- chap. 32, 10th sess . . . . . . . . . . . . . . . . . . . . . . . .. 407
Procedure, regulating—chap. 46, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 692
Promissory notes, relief on — chap. 33, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65o
Quakers, afﬁrmation by— chap. 33, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
Quo warranto, proceedings in —chap. 1 1, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 615
Rape, to prevent and punish— chap. 23, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 393
Records, stealing and avoiding of—chap. 22, 11th sess . . . . . . . . . . . . . . . . . . . . . 634
Replevin, actions of, delays and abuses—chap. 5, 11th sess . . . . . . . . . . . . . . . . . 597
Reversions, grantees of, rights against lessees -- chap. 7, 11th sess . . . . . . . . . . . 604
Slaves and negroes, jury trial in capital cases—chap. 68, 8th sess ,_. . . . . . . . . . . 122
Statute of frauds—chap. 44, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
Statute of limitations ——chap. 43, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
Supreme, April term, 1786—chap. 16, 9th sess . . . . . . . . . . . . . . . . . . .. , . . . . . . . . . 195
place of holding terms —- chap. 61, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
suits for less than £ 100— chap. 72, 10th sess . . . . . . _ . . . . . . . . . . . . . . . . . . . . 496
Terms, various counties —chap. 30, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Treason, act for punishing - chap. 37, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664
trials in case of-- chap. 29, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 401
Wager of law, trials by, abolished —- chap. 5, 10th sess . . . . . . . . . . . . . . . . . . . . . . . 350
Washington county, terms of—chap. 37, 8th sess., 71 ; chap. 102, 10th sess. . 588
Waste, to prevent ——chap. 6, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Wills, proving of— chap. 27, 9th sess., 23o; chap. 38, 10th sess . . . . . . . . . . . . . . 419
statute concerning—chap. 47, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
Witnesses, to compel attendance -- chap. 17, 11th sess . . . . . . . . . . . . . . . . . . . . . . 627
Writs of right, trials on ——chap. '7, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 182
See, also, FELONY; LANDS; POLICE LAws; the various counties.
CREDITORS.
Relief of, against heirs, devisees, etc.— chap. 27, 9th sess . . . . . . . . . . . . . . . . . . . . 230
See, also, DEBTS AND DEBTORS.
CRIERS.
Fees of, supreme court— chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
other courts —chap. 71, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
CRIMINAL LAW.
See CoURTs; FELoNY; POLICE LAws.
CROWN POINT, TOWN OF.
‘Erected — chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
INDEX. 863
CUMBERLAND COUNTY.
' Boundaries of—chap. 63, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . 746
CUSTOM DUTIES.
See TRADE AND COMMERCE.
D.
DEAN, JAMES.
Grant of lands to - chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
DEAN, RICHARD.
Mortgage by, recording of—chap. 22, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
DEATH.
Absence of seven years deemed —chap. 10, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 611
DEBEAVOIS, JACOBUS.
Administrators of estate of, powers to —— chap. 8, 8th sess. . . . . . . . . . . . . . . . . . . . 19
DEBEAVOIS, JOOST.
Sale of real estate of, deceased —=chap. 26, 8th sess . . . . . . . . .- . . . . . . . . . . . . . . .. 54
DEBTS AND DEBTORS.
Absconding debtors, relief against—chap. 24, 9th sess., 207; chap. 54, 10th
sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 466
Absconding mortgagors, amended—chap. 53, 10th sess . . . . . . . . . . . . . . . . . . .. 466
Colony of New York, debts due to—chap. 60, 8th sess., 106; chap. 76, 8th
sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 _
Creditors of estates, relief of —chap. 27, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 23d
Enemies’ lines, debts due to persons within, relating— chap. 12, 8th sess., 24;
‘chap. 94, 10th sess . . . . . . . . . . . . .- . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 562
Insolvency, relief in cases of— chap. 92, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 823
Insolvent debtors, relief of, amended -- chap. 14, 8th sess . . . . . . . . . . . . . . . . . . .. 27
.relating to certain —chap. 87, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
relief with respect to imprisonment—chap. 22, 9th sess., 202; chap. 98,
10th sess . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. 570
relief of, general act— cha . 34, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
relief of, general act, repea ed—chap. 29, 11th sess . . . . . . . . . . . . . . . . . . . . .. 639
further owers to assignees—chap. 67, 10th sess . . . . . . . . . . . . . . . . . . . . . . .. 491
"Van Derloc t, William, relief of, and others —chap. 94, 11th sess . . . . . . . . . . . . 835
DEEDS.
.Acknowledgment, proof of— chap. 45, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 442
See, also, CoNvEYANcES; LANDS.
DEER.
See GAME LAWS.
DELANCEY, OLIVER.
Forfeited lands at New Perth —— chap. 73, 8th sess . . . . . . . . - . . . . . . . . . . . . . . . . .. 139
DELAPLAIN, SARAH ANN. '
Estate vested in trustees — chap. 83, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808
DENTON, JONAS.
Mine discovered by— chap. 13, 8th sess. . . . . . . . . . . . . .- . . . . . . . . . . . . . . . . . . .. 26
DENTON, THOMAS.
Mortgage held by estate of -- chap. 22, 8th sess... . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
‘ DEscENT.
.Law of—chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 191
864 INDEX.
DE VIDAL, FRANCISO PABLO.
Conveyance to Dominick Lynch—chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . 585
DEVISEES.
See HEIRS AND DEVISEES.
DIGEST OF THE LAWS.
Provisions for—chap. 35, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
DISORDERLY PERSONS.
Apprehension and punishment of— chap. 31, 11th sess . . . . . . . . . . . . . . . . . . . . . . 643.
DISTRESSES.
Act concerning—chap. 36, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 655
_ DIVORCES.
Mode of trial, and allowing of— chap. 69, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 494
. DOGS.
New York city, tax on—chap. 42, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83.
Richmond county, tax on—chap. 11, 9th sess . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 189
DOWER.
Act concerning—chap. 4, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 347'
DUANESBURGH, TOWN OF.
Erected — chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . 848'
DUBOIS, PETER.
Forfeited lands at New Perth—chap. 73, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 139-
: DUTCHESS COUNTY.
Assessments, mode of—chap. 36, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.9‘
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
Charlotte precinct, name changed to Washington — chap. 15, 9th sess.. .. . . . . 194
Clinton precinct erected from Charlotte and Rhynbeck—chap. 15, 9th sess.. 194
Court-house and gaol, tax for—chap. 67, 8th sess. 119; chap. 31, 9th sess. 238;
chap. 55, 10th sess. 467; chap. 78, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801
Tappan, Peter, indebtedness to—chap. 78, 11th sess . . . . . . . . . . . . . . . . . . . . . . .. 801:
Towns in—_—chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752
Ulster gaol, prisoners to be conﬁned in -— chap. 51, 8th sess. .' . . - . . . . . . . . . . . . 98
prisoners to be removed from — chap. 17, 10th sess . . . . . . . . . . . . . . . . . . . . . . 385
DUTIES, CUSTOMS.
See TRADE AND COMMERCE
E.
EDMESTON, ROBERT.
Naturalized—chap. I, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
EDUCATION.
Flatbush, academy zit—chap. 54, 9th sess . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . 300
_ Regents of university established —-chap. 15, 8th sess. 3o; chap. 82, 10th sess. 524
ELECTIONS.
Albany city -— chap. 63, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 484
Caughnawaga district —— chap. 7, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
‘Clinton county— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747
Free, to be —chap. I, Ioth sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 345
General act—chap. 15, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371'
New York city— chap. 42, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 431
Town meetings ——chap. 16, 10th sess. 384; chap. 64, 11th sess . . . . . . . . . . . . .. 762
INDEX. 865
ENEMIES. -
Persons adhering to, prosecutions stayed —— chap. 10, 8th sess . . . . . . . . . . . . . . . . 20
Persons within lines, debts due to. (See DEBTS AND DEBTORS.)
ENROLLMENT AND DRAFT.
Troops for United States army — chap. 82, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . I53
ENTAILS. ,
Abolished —chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
ERRORS, COURT OF.
See CoURT or ERRoRs; CoURTs.
ESSOIN.
Delays by, to prevent —chap. 5, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 35o
ESTATES CON F ISCAT ED.
See FORFEITED ESTATES.
ESTATES FORFEITED.
See FORFEITED ESTATES.
EVANS, CHARLES JOHN.
Conveyance to, by William Walton, etc., and partition of lands of Bradstreet
heirs~chap. 65, 9th sess. 326; chap. 96, 10th sess . . . . . . . . . . . . . . . . . . . . . . .. 566
EXCISE.
Liquors, license to sell, and regulating inns and taverns —- chap. 48, 11th sess. 707
EXCLUSIVE RIGHTS.
See MONOPOLIES.
EXEC UTIONS.
Delays, to avoid -—-chap. 3, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
See, also, COURTS.
EXECUTO RS AND ADMINISTRATORS.
Act concerning -— chap. 19, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Creditors. relief of —-chap. 27, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23o
Dower, concerning -— chap. 4, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
Estates, settlement of, proving wills, etc.-chap. 38, 10th sess . . . . . . . . . . . . . . . . 419
Waste, to prevent—chap. 6, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 350
EXPORTATIONS.
Beef and pork, inspection of-- chap. 55, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 719
Butter and lard, inspection of— chap. 53, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 717
Congress may prohibit -- chap. 56, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Flax seed and lumber, inspection of—chap. 50, 11th sess . . . . . . . . . . . . . . . . . . . . 714
Flour, inspection of—chap. 35, 8th sess. 66; chap. 58. 11th sess . . . . . . . . . . . .. 725
Staves and heading, culling of—chap. 56, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 723
See, also, TRADE AND COMMERCE.
EXTORTION.
Public ofﬁcers, to prevent and punish -—chap. 19, 11th sess . . . . . . . . . . . . . . . . . . . 632
F.
FALSE PRETENCES.
New York city, obtaining goods by—chap. 47, 8th sess . . . . . . . . . . . . . . . . . - . . . 93
Trial and punishment for—chap. 65, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
FEES.
General act— chap. 71, 8th sess; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Land oﬁice— chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34o.
V01.. 2. —- 109
866 INDEX.
FELONY.
Appeals of-chap. 30, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
Bigamy—chap. 24, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
Buggery— chap. 21, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
Counterfeiting certiﬁcates and specie—chap. 88, 8th sess. . . . . . . . . . . . . . . . . .. 168
False personation in acknowldgements—chap. 21, 11th sess . . . . . . . . . . . . . . . . 634
Felons, apprehension of—chap. 20, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
Forgery and counterfeiting—chap. 20, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
Malicious maiming and wounding—chap. , 11th sess . . . . . . . . . . . . . . . . . . . . .. 636
Murder—chap. 22, 10th sess . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 391
Perjury -— chap. 17, 1 1th sess . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
Proceedings in case of, regulated— chap. 37, 11th sess . . . . . . . . . . . . . . . . . . . . . .. 664
Rapes—chap. 23, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 393
Records, stealing and avoiding of—chap. 22, 11th sess . . . . . . . . . . . . . . . . . . . . . . 634
Servant, embezzlement by—chap. 23, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
See, also, CoURTs; PoLIcE LAws.
FENCES.
Divison, relative to —- chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767
FERRIES.
East river, Oyster Bay and New Rochelle-~— chap. 46, 8th sess . . . . . . . . . . . . . . . 91
Westchester and Flushing—chap. 72, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . 138
FINES AND FORFEITURES.
Court of exchequer— chap. 9, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. 185
Payment of, to enforce—chap. 6, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Remission of certain—chap. 12, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
FIREWORKS.
'New Year's day, prohibited— chap. 81, 8th sess. . . . . . . . . . . . . . . . .. . . . . . . . . . . 152
New York city, discharging of—chap. 43, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 285
FISH.
See GAME LAws.
FITCH, JOHN.
Steamboat monopoly granted to— chap. 57, 10th sess . . . . . . . . . . . . . . . . . . . . . . . 472
FLATBUSH, TOWN OF.
Reformed Protestant Dutch Church may grant lands for an academy—chap.
54, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 300
F LAX SEED.
Regulating exportation of— chap. 50, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 714
FLOUR.
Exportation of, regulating—chap. 35, 8th sess., 66; chap. 58, 11th sess . . . . . . 725
FLOYD, DAVID RICHARD.
fSirname changed to Floyd-Jones -— chap. 75, 11th sess . . . . . . . . . . . . . . . . . . . . . . . 798
FLUSHING, TOWN OF.
Ferry to Westchester—chap. 72, 8th sess... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 138
FORCIBLE ENTRIES AND DETAINERS.
To prevent— chap. 6, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
FORFEITED ESTATES.
Bayard, \Villiam —- chap. 48, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Claims arising out of sales of -—- chap. 66, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
‘Close, Benjamin—chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 559
Colden, David— chap. 101, 10th sess . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
Commissioners, eastern district—chap. 11, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . 364
ofﬁce abolished — chap. 90, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 818
INDEX. 867
Conveyances to divers persons -— chap. 102, 10th sess. . . . . . . . . . . . . . . . . . . . . . . 587
western district—~chap. 91, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 822
De Lancey, Oliver—chap. 73, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Dubois, Peter —-chap. 73, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Fowler, Jonathan—chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
Johnston, NVilliam— chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
Judgment bonds on—chap. 73, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
Kettle, Andries —— chap. 93, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
Lamb, James—chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
New Perth, lands at —chap. 73, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Prosecutions dismissed—chap. 10, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
Quit rents, commutation of— chap. 23, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 203
Relating to various—chap. 95, 11th sess . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 837
Sales of, providing for—chap. 49, 8th sess., 95; chap. 58, 9th sess., 307; chap.
73, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
Seaman, Adam and Israel—chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 581
Surveyor-general, to sell lands— chap. 90, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . 818
Watts, John — chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
FORFEITU RES.
See PENALTIES.
FORGERY.
To prevent and punish -—chap. 20, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
FORT EDI/VARD, VILLAGE OF.
Washington county courts to be held at -- chap. 102, 10th sess . . . . . . . . . . . . . . 588
FOWLER, THEODOSIUS.
Relief of— chap. 93, 10th sess . . . . . . . . . . .._ . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . 558
FOXHALL, MANOR OF. .
Annexed to Kingston -— chap. 49, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
FRAUD. '
False pretences —— chap. 47, 8th sess., 93 ; chap. 65, 10th sess . . . . . . . . . . . . . . . .. 485
Statute of frauds —- chap. 44, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
G.
GAME LAWS.
Deer and heath hens —chap. 31, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 62
Deer, to prevent destruction of— chap. 82, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 807
Suffolk county, ﬁsh - chap. 39, 9th sess., 252; chap. 27, 1 1th sess . . . . . . . . . . . . 637
GAMING.
To prevent deceitful and excessive —chap. 35, 11th sess . . . . . . . . . . . . . . . . . . . . . 652
GAOL DELIVERY.
Act concerning courts of — chap. 38, 1 1th sess . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . 672
GAOLS.
See the various counties.
GENERAL SESSIONS OF THE PEACE.
See CoURTs.
GLO UCESTER COUNTY.
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 747
GOSHEN, TOWN OF.
Court-house yard at —chap. 46, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
Drainage, advertisement 0 —-—chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 590
GOSLINE, JOHN.
Relief0f—chap.70,10th sess.... . . . . . . . . . . . . . . . . . . . . . . . . 495
868 INDEX.
GOVERNOR.
Election of— chap. 15, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. 371
Oath of—chap. 28, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 637
Purveyance abolished —-chap. 2, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 346
GRAND ASSISE.
Trials of writs of right—chap. 7, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 182
See, also, COURTS. -
GRANTS.
See LANDS.
GRANVILLE, TOWN OF.
Erected —- chap. 18, 9th session . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 196
GREAT BRITAIN.
Acts repugnant to treaty with, repealed —- chap. 41, 11th sess . . . . . .. . . . . . . . . . 679
Laws not to operate after May 1, 1788 —chap. 46, 11th sess . . . . . . . . . . . . . . . . . . 705
GRIFFEN, JOHN. _ .
Pardoned of a murder—chap. 3, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
GUEST, JOHN.
Mortgage to John Carpenter -— chap. 74, 8th sess . . . . . . . . . . . . . . . . . . . . . . - . . . . 141
H-
HABEAS CORPUS.
Writs of—chap. 39, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
HAMPTON, TOWN OF.
Erected— chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 196
HARPERSFIELD, TOWN OF.
Erected -— chap. 102, 10th sess . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . 588
HAWKERS AND PEDLARS.
To restrain -- chap. 54, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IOO‘
HAY, UDNY.
See STATE AGENT.
HEADING.
Culling of, for exportation -chap. 56, 11th sess . . . . . . . . . . .. . . . . . . . . . . . . . . ._... 723
HEATH HENS.
See GAME LAWS.
HEBRON, TOWN OF.
Erected -chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
HEIRS AND DEVISEES.
Descent, law of --chap. 12, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Relief of creditors against— chap. 27, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 230
See, also, COURTS; ExEcUToRs AND ADMINISTRATORS.
HEM P.
Bounty on -—chap. 68, 8th sess., 120; chap. 54, 11th sess. . . . . . . . . . . . . . . . . . . . 718
HEMPSTED, ROBERT.
Estate vested in trustees -- chap. 62, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
HERTEN-BURGH, RAM
Mortgage to, recording of—— chap. 74, 8th sess. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 14 I
INDEX. 869
HICKS, THOMAS.
Forfeited estate of, concerning — chap. 100, 10th sess . . . . . . . . . . . . . . . . . . . . . . . 578
HIGGIN BOTTOM, NILES.
Mine discovered by—chap. 36, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7o
HIGHWAYS.
Colonie —Chap 44, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
General act amended -— chap. 38, 8th sess., 72; chap. 95, 10th sess . . . . . . . . . . . . 564
New York city— chap. 61, 10th sess, 48o; chap. 88, 10th sess . . . . . . . . . . . . . . .. 543
Richmond county — chap. 78, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Southampton—chap. 24, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
HOOSICK RIVER.
Toll bridge, built by William Chase—chap. 59, 11th sess . . . . . . . . . .. . . . . . . . . . 727
HUDSON, CITY OF.
Excise commissioners in —chap. 48, 11th sess . . . - » . . . . . . . . . . . . . . . . . . . . . . . . . 707
Incorporation of —-chap. 83, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Malicious mischief in —chap. 66, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
Poor, settlement and relief of -- chap. 62, 11th sess . . . . . . . . . . . . .. . . . . . . . . . . . . 731
HUDSON RIVER.
Navigation of, to improve—chap. 84, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 533
HUNT, DAVID.
Relief of executors— chap. 64, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
HUNT, JESSE.
Relief of - chap. 87, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542
HUSBANDS.
Bigamy, to prevent — chap,24,11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
I.
IDIOTS.
Act concerning—chap. 12, 11th sess..... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 617
IMMORALITY.
Act to suppress— chap. 42, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
IMPEACHMENT.
Court for trial of—chap. 11, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
IMPORTATIONS.
Congress may lay duty on, to pay war debt —-chap. 61, 9th sess . . . . . . . . . . . .. 320
may prohibit—chap. 56, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Cordage, additional duty on —— chap. 68, 8th sess. . . . . . . . . . . . . . . . . . . . . . . - . . . 120
Duties laid on —chap. 7, 8th sess, 11; Chap. 34, 8th sess., 65; chap. 76, 8th
sess, 145; chap. 81, 10th sess., 509; chap. 72, 11th sess . . . . . . . . . . . . . . . . . . .. 786
Relief, in certain cases —-chap. 72, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 786
See, also, TRADE AND COMMERCE.
IMPRISONMENT.
Habeas corpus act—chap. 39, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 424
Insolvent debtors. (See DEBTS AND DEBTORS.)
INDIAN AFFAIRS.
Appropriation —chap. 102, 10th sess., 589; chap. 47, 11th sess. . . . . . . . . . . . . . . 705
to purchase lands — chap. 17, 8th sess . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . 42
Commissioners to make treaties—Chap. 47, 11th sess . . . . . . . . . . . . . . . . . . . . . . .. 705
Indian ofﬁcers, accounts of— chap. 25, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
Land contracts with Indians prohibited -—chap. 85, 11th sess . . . . . . . . . . . . . . . 810
Lands of, locations on — chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
870 INDEX.
INFANT TRUSTEES.
Act concerning -—chap. 12, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617
INFORMERS.
Malicious information, to suppress—chap. 9, 11th sess . . . . . . . . . . . . . . . . . . . . . 608
INHABITANTS.
Census of I786—chap. 8, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 184
INNS.
Regulating —- chap. 48, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
INSOLVENT DEBTORS.
See DEBTS AND DEBTORS.
INTEREST.
Usury, to prevent, and ﬁxing rate of— chap. 13, 10th sess . . . . . . . . . . . . . . . . . . . 365
INTOXICATION.
Punishment for—chap. 42, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 679
IRON.
Manufacture of, to promote— chap. 51, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 295
JAILS.
See the various counties.
JEOFAILS.
Amendments and, act concerning—chap. 32, 11th sess . . . . . . . . . . . . . . . . . . . . . . 646
JOHNSTOWN, VILLAGE OF. i
Election to be held at -—chap. 7, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 352
JOINT TENANTS.
Conveyances by— chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I91
Partition of lands— chap. 8, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 605
JUDGES AND JUSTICES.
See COURTS. -
JURO RS.
Delinquent, to punish -— chap. 20, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Fees of— chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Impaneling of—chap. 41, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
See, also, COURTS.
JUSTICES OF THE PEACE.
Act concerning—chap. 8, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
Civil jurisdiction of— chap. 89, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
See, also, COURTS.
K.
KEIRE, TEUNIS.
Pardoned of a murder— chap. 3, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
KETTLE, CATHARINE.
Relief of—chap. 93' 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
KINGSBURY, TOWN OF.
Erected -— chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
O
INDEX. 871
KINGS COUNTY.
Boundaries of—chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
Brooklyn, town of, ﬁre department — chap. 8o, 1 1th sess . . . . . . . . . . . . . . . . . . . . 804
Flatbush, Reformed Protestant Dutch Church, academy—_-chap. 54, 9th sess. 300
Towns in — chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 749
KINGSTON, TOWN OF.
Foxhall, manor of, annexed to—chap. 49, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . 455
KIRKLAND, SAMUEL.
Grant of lands to—Chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34o
KLOCK,GEORGE
May locate lands in Montgomery county—chap. 67, 9th sess . . . . . . . . . . . . . . . . 341
L.
LAMB, JAMES.
Relief of heirs of --chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . .V . . . . . . . . . . . .- 561
LAND BOARD.
See COMMISSIONERS OF THE LAND OFFICE.
LAND OFFICE.
See COMMISSIONERS OF THE LAND OFFICE.
LANDS.
Acre deﬁned -—cha . 13, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618
Bradstreet, heirs 0 John and Martha, grant to——chap. 65, 9th sess. 326; chap.
96, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘ . . . . . . . . . . . . . . . . . . . . 566
Church, Col. Timothy, and others, grant to—— chap. 67, 9th sess... .. . . . . . . . 338
Collusion, to prevent recoveries by—chap. 48, 10th sess. . . . . . . . . . . . . . . . . . . 45o
Commissioners of land ofﬁce. powers extended -- chap. 89, 11th sess. .. . . . . . . 815
Conveyances, acknowledgment and registry of— chap. 45, 10th sess . . . . . . . . . 442
acknowledgment of, false personation—chap. 21, 11th sess . . . . . . . . . . . . .. 634
by joint tenants, etc.—-chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . _. . . .. 191
proof of, to be recorded —- chap. 44, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 689
Descent, law of —chap. 12, 9th sess . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 191
DeVidal, Francisco Pablo, conveyance by, legalized -—chap. 102, 10th sess. . . 585
Distress for rent —-chap. 36, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 655
Dower, concerning —- chap. 4, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
Entails abolished -- chap. 12, 9th sess . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Execution, Sales of land on —chap. 56, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. 467
Fines and recoveries —chap. 43, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
Forcible entries and detainers—chap. 6, 11th sess . . . . . . . . . . . . . . . . . . .2 . . . . .. 601
Grants, adverse claims for ——chap. 89, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 815
Hazen, Colonel Moses, allowance to regiment of — chap. 93, 10th sess . . . . . . .. 562
Indians, land contracts void — chap. 85, 11th sess . . . . . . . . . . . . .. .. . . . . . . . . . . -. 810
Lessees, relief of, driven away during war — chap. 59, 8th sess . . . . . . . . . . . . . . 105
rights of grantees of reversions -chap. 7, 11th sess. . . . . . . . . . . . . . .. . . . 604
Life estates, when absence deemed evidence of death —- chap. 10, 11th sess. . . 611
Life tenants, to prevent alienations by—chap. 48, 10th sess . . . . . . . . . . . . . . . . . . 450
Mortgages, to prevent frauds and secure title to purchasers —chap. 45, 11th
sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..690
New Paltz patent, partition of —chap. 45, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
New Perth, relative to lands at -chap. 73. 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 139
New Stamford, partition oflands at ——chap. 102, 10th sess . . . . . . . . . . . . . . . . .. 586
Oneida purchase, partition of —chap. 78, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 506
Partition of, general act —chap. 39, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
joint tenancy, tenancy in common and coparceny ~——chap. 8, 11th sess. . . . 605
Patents, transcribing of records of—chap. 13, 9th sess . . . . . . . . . . . . . . . . . . . . . . 193
Private claims for grants --chap. 95, 11th sess . . . . . . .. . . . . . . . . . . . . . . . . . . . 837
872 INDEX.
Quit rents, collection and commutation 0f—chap. 23, 9th sess., 203; chap. 76,
10th 5655-, 502; Chap. 39, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 675
Reversions, grantees of, certain rights of, respecting leases—chap. 7, 11th sess. 604
Sales of, to pay decedent’s debts—chap. 27, 9th sess . . . . . . . . . . . . . . . . . . . . . . .. 23o
Steuben, Baron, grant of lands to -— chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . .. 341
Surveyal of, after sale by State —chap. 103, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . 591
Tenants, distress for rent— chap. 36, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 655
Tenures, act concerning—chap. 36, 10th sess... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 415
Unappropriated and waste, sale of—chap. 66, 8th sess., 114; chap. 67,9th sess. 334
intrusions on—chap. 85, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ’10
Upton, Francis, quit rents — chap. 84, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 809
Uses, act concerning — chap. 37, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416
Vermont settlers, grants to—chap. 89, 11th sess . . . . . . . . . . . . . . . . . . . . . . . 815
Waste and unappropriated, sale of—chap. 66, 8th sess. 114; chap. 67, 9th sess. 334
Wills of real estate, proof of—chap. 27, 9th sess. . .. . . . . . . . . . . . . . . . . . . . . . . .. 230
See, also, CoURTs; FORFEITED ESTATES.
LANSING, JACOB JOHN.
Audit of accounts of — chap. 37, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
LARD.
Inspection of, for exportation —-chap. 53, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 717
LAWVS.
Revision and digesting of -~chap. 35, 9th sess . . . . . . . . . . . . . . . . . . .. . . . . . .. . .. . 247
LEARMAN, PETER.
Mine discovered by -—chap. 13, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
LEASES AND LESSEES.
See LANDS; TENANTs.
LEGISLATURE. ,
Assembly, election of—chap. 15, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
Meetings, when and where —chap. 14, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Oaths of members --chap. 28, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 637
Privilege, to prevent inconveniences —-chap. 34, 11th sess . . . . . . . . . . . . . . . . . . . 651
Senators, election of—chap. 15,10th sess . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . .. 371
LIEUTENANT-GOVERNOR.
Election of, regulating — chap. 15, 10th sess. . - . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 371
LIQUORS.
License for sale of— chap. 48, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
LIMITATIONS, STATUTE OF.
Criminal and civil actions —chap. 43, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 683
LITERATURE.
Copyrights, providing for — chap. 54, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
LIVINGSTON, MANOR OF.
Clermont, town of, erected from —chap. 49, 10th sess . . . . . . . . . . . . . . . . . . . . . . . 455
LIVINGSTON, PHILIP.
Estate vested in trustees -—chap. 21, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . 48
LOAN OFFICERS.
Loans made by Colony of New York ——chap. 60, 8th sess. 106; chap. 76, 8th
sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 145
Loan of£ 200,000 in bills of credit - chap. 40, 9th sess . . . . . . . . . . . . . . . . . . . . . . . 253
See, also, PUBLIC LoANs AND PUBLIC MONEYS.
LOTT, ABRAHAM.
Accounts of, as Colonial treasurer —-cl1ap.- 70, 8th sess . . . . . .. . . . . . . . . . . . . . . . . 123
Discharged from arrest on execution -—chap. 40, 10th sess . . . . . . . . . . . . . . . . . . . 430
INDEX. 873
LUMBER.
Inspection of, for exportation—chap. 50, 11th sess . . . . . . . . . . . . . . . . . . . . . . . .. 714
LUNATICS.
Act concerning—chap. 12, 11th sess. .. . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 617
LUSH, RICHARD.
Audit of accounts of— chap. 37, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
LYNCH, DOMINICK.
Conveyance by Francisco Pablo DeVidal to ~—chap. 102, 10th sess . . . . . . . . . . . 585
Naturahzed—chap. 6, 9th 5688.................. . . . . . . . . . . . . . . . . . . . . 182
M.
MAINTENANCE.
To prevent and publish -—Chap. 18, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
MAITLAND, RICHARD.
Estate vested in trustees -— chap. 85, 10th sess, 555; chap. 51, 11th sess... . . . . 716
MALICIOUS MISCHIEF.
Punishment of, in certain cities — chap. 66, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . 489
MANDAMUS.
Proceedings on writs of —-chap. 11, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615
MANUFACTURES.
Associated Manufacturing Iron Company — chap. 51, 9th sess . . . . . . . . . . . -. . . . 295
MARINE SOCIETY OF THE CITY OF NEW YORK.
Change of name — chap. 66, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
MASSACHUSETTS.
Agents to indicate rights of New York State, supplementary—chap. 49, 9th
Biﬁitda'y' 1...; 1.50am; a'.;.;.'.;,,;'a'_'sr.;,5.';.e tar as: ::::.'.':: :::::::: 22;
Commissioners to complete running of boundary line — chap. 2, 8th sess. . . . . 2
Congress may appoint commissioners to run line—chap. 28, 8th scss., 57;
chap, 53, 9th scss., 298; chap. 79, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 507
MASTER IN CHANCERY.
Fees of— chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
MAYHEM.
Act to prevent— chap. 25, 11th sess . . . . . . . . . . . . . . . . . . . . . . 636
MAYOR'S COURTS.
See CoURTs.
MEAL.
Inspection of, for exportation —chap. 58, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . 725
MERSEREAU, JOSHUA.
Lands granted to -— chap. 25, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
MICHEAU, BENJAMIN.
Relief of— chap. 52, 11th sess . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
MILE STONES.
Defacing of— chap. 88, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814
MILITARY AFFAIRS.
Accounts, auditing of— chap. 17, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4o
Billeting of troops prohibited— chap. 1, 10th sess. . . . .. . . . . . . . . . . . . . . . . . . . . .
345
Depreciation of pay (hospital and prisoners), repealed—chap. 102, 10th sess.. 585
VOL. 2.— 110
874 INDEX.

Indian ofﬁcers, accounts of— chap. 25, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
Levies and militia, pay, appealed —chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . .. 585
Militia, acts regulating chap. 25, 9th sess., 220; chap. 92, 10th sess . . . . . . .. 555
may be called out at time of holding Indian treaties —chap. 47, 11th sess. 705
removal of intruders on lands ——-chap. 85, 11th sess . . . . . . . . . . . . . . . . . . . . . . 810
Pensions to disabled soldiers and seamen—chap. 42, 9th sess . . . . . . . . . . . . . . .. 282
Rutgers, Henry, and others, accounts of— chap. 37, 9th sess . . . . . . . . . . . . . . . 249
State agent, account of, and claims against —— chap. 80, 8th sess . . . . . . . . . . . . .. 147
United States army, troops for— chap. 82, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 153
War claims, payment of certain— chap. 90, 8th sess., I70; chap. 66, 9th sess.,
' 328; chap. 102, 10th sess., 584; chap. 95, 11th sess . . . . . . . . . . . . . . .. . 837
MINES.
Denton, Jonas, exempted from State claim —chap. 13, 8th sess . . . . . . . . . . . . .. 26
Platt, Daniel and Benjamin, exempted from State claim—chap. 36, 8th sess . 7o
Shoub, Ludwig, and Peter Learman, from State claims—chap. 13, 8th sess. .. 26
Smeed, Samuel, and Niles Higgenbottom, from State claims—chap. 36, 8th
sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 70
MISPRISION OF TREASON.
See TREAsoN.
MOKE, GERARDUS.
Pension to--'-chap. 17, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
MONOPOLIES.
Copyright, providing for—chap. 54, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Fitch, John, steamboat—chap. 57, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 472 .
Van Wyck, Isaac, stage route—chap. 52, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 I
MONTGOMERY COUNTY.
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . 747
Caughnawaga district, elections in —chap, 7, 10th sess . . . . . . . . . . . . . . . . . . . . . . . 352
Chemung, town of, erected —chap. 95, 11th sess . . . . . .. . . . . . . . . . . . . . . . . . . .. 846
Harpersﬁeld, town of, erected— chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . 588 ‘
Highways,amended-—chap.95, 10th sess . . . . . . . . . .. 564
Poor and contingent charges, repealed -- chap. 56, 9th sess. . _ . . . . . . . . . . . . . . 305
Towns in--chap. 64, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 761
. MONTGOMERY, GENERAL.
Appropriation for monument— chap. 99, 10th sess., 574; chap. 93, 11th sess.. 834
MOORE, BENJAMIN.
Estate vested in trustees—chap. 50, 8th sess., 96; chap. 2, 9th sess . . . . . . . . .. 179
MORTGAGES.
Carpenter, John, recording of, held by'—-chap. 74, 8th sess . . . . . . . . . . . . . . . . .. 141
Colony of New York, loans by— chap. 60, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . 106
Denton, Thomas, recording of, held by estate of—chap. 22, 8th sess . . . . . . . . ..
1
Foreclosure, absconding mortgagor—chap. 27, 8th sess., 55; chap. 53, 10th
sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 466
Frauds by mortgagees, to prevent, and to secure title to purchasers —- chap.
45, 11th sess. . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Hertenburgh, Ram, recording of, held by—chap. 74, 8th sess . . . . . . . . . . . . . . .. 141
Record of certain, to be cancelled—chap. 18, 8th sess. . . . . . . . . . . . . . . . . . . . . .. 44
MURDER. '
Act concerning—chap. 22, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 391
Appeals of— chap. 30, 10th sess . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 404
See, also, F ELONY.
INDEX. _ 87 5
N.
NAMES CHANGED.
Corporation for Relief of Widows and Children of Clergymen of the Protestant
Episcopal Church—chap. 34, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 411
Floyd, David Richard, sirname to Floyd Jones—chap, 75, 11th sess . . . . . . . . . 798
Marine Society of the City of New York—chap. 66, 9th sess . . . . . . . . . . . . . . . . 334
Trinity Church, New York city — chap. 66, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 776
Washington precinct, from Charlotte—chap. 15, 9th sess . . . . . . . . . . . . . . . . . .. 194
NATURALIZATION.
Edmeston, Robert— Chap. 1, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 592
Lynch, Dominick—chap. 6, 9th sess . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . I82
Persons named—chap. 79, 8th sess., I46; chap. 47, 9th sess., 290; chap. 91,
10th sess., 556; chap. 87, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 813
NAVIGATION.
Hudson river, to improve -—chap. 84, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
Steamboats, monopoly of, to John Fitch -— chap. 57, 10th sess. .. . . . . . . . . . . 472
NEGROES.
Selling of, as slaves, prohibited — chap. 68, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . 121
Slaves, general act —- chap. 40, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675
NEW PALTZ PATENT.
Partition of— chap. 45, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
NEW PERTH.
Lands at, relating to—chap. 73, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 139
NEW ROCHELLE, TOWN OF.
Ferry to Oysterbay— chap. 46, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
NEW STAMFORD, TOWN OF. _
Partition of lands -— chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
NEWTOWN, TOWN Arrears of taxes and relief of collector—chap. 70, 10th sess . . . . . . . . . . . . . . . . . 495
Drainage of lands in ——chap. 45, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
NEW YEAR’S DAY.
Fireworks prohibited on — chap. 81, 8th sess . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 152
NEW YORK CITY.
Appropriation to, for water lots — chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . 589
Associated Manufacturing Iron Company -— chap. 51, 9th sess . . . . . . . . . . . . . . . 295
Boundaries of— chap. 63, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 745
Buildings, relative to —chap. 1, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I79
streets, wharves and slips—chap. 88, 10th Sess'. . . . . . . . . . . . . . . . . . . . . . . . . 543
Chatham, Earl of, relative to statute of— chap. 57, 11th sess . . . . . . . . . . . . . . . . . 725
Combustibles, storing of, and discharge of ﬁreworks — chap. 43, 9th sess.. . . . 285
Commissioners of the alms—house and bridewell —— chap. 62, 11th sess. . . . . . 743
Courts. “relative to— chap. 40, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Dogs, tax on -—-chap. 42, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Election of charter ofﬁcers — chap. 42, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
Excise commissioner of—Chap. 47, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
False pretences. obtaining goods by —— chap. 47, 8th sess . . . _ . . . . . . . . . . . . . . . . 93
Fires, and buildings, colonial acts repealed— chap. 90, 10th sess. . . . . . . . . . . . . 555
more effectual prevention of— chap. 43, 9th sess . . . . . . . . . . .. . . . . . . . . . . . . . 285
better extinguishing of -— chap. 58, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
Gunpowder. storage of— chap. 81, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805
Hospital, Society of the, excise monies '— chap. 48, 11th sess. . . . . . . . . . . . . . . . 709
Malicious mischiefin --chap. 66, 10th sess . . . . . . . . . . ._ . . . . . . . . . . . . . . . . . . . . . 489
Marine Society, name changed -— chap. 66, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 334
87 6 INDEX.
Petty oﬁ’enses, punishment of—chap. 40, 8th s'ess . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Taxes, arrears of— chap. 86,r10th sess _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 539
assessment and collection of— chap. 40, 8th sess., 80; chap. 62, 10th sess.,
482; chap. 67, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 776
contingent and poor—chap. 84, 8th sess., 163; Chap. 26, 9th sess., 229;
chap. 68, 10th sess., 492; chap. 68, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 782
Stage route to Albany —— chap. 52, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Streets and roads, to regulate -- chap. 61, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 480
in burnt district, altering of—chap. 50, 9th sess., 1294; Chap, 75, 10th sess. 501
Trinity Church, name changed -— chap. 66, 11th sess . . . . . . . . . . . . . . . . . . . . . .. 779
Wells and pumps, preservation of—Chap. 59, 10th sess . . . . . . . . . . . . . . . . . . . .. 475
NE\V YORK, PORT OF.
Custom house — chap. 6, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Tonnage, duty on, act continued ~— chap. 5, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . 181
See, also, TRADE AND CoMMERCE.
NICOLL, WILLIAM.
Relief of— chap, 60, 9th sess . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
NOBLE, ARTHUR.
Land grant to -—chap. 25, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
_ NORTH EAST, PRECINCT OF.
Relief of tax-payers — chap. 102, 10th sess . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . . . . . 583
NORTH HEMPSTEAD, TOWN OF.
Court-house at —chap. 44, 8th sess . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 84
O.
OATHS.
Public ofﬁcers, required of—chap. 28, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 637
Quakers may afﬁrm —chap. 33, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
OFFICE.
See PUBLIC OFFICE.
ONEIDA PURCHASE.
Partition of lands in -— chap. 78, 10th session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506
ORANGE COUNTY.
Boundaries of—chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
Courts, terms of— chap. 30, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Goshen, court-house yard at - chap. 46, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
drainage of lands in -— chap. 102, 10th sess.. . .. . . . . . . . . . . . . . . . . . . . . . . 590
Poor and contingent charges repealed— chap. 56, 9th sess . . . . . . . . . . . . . . . . . . . 305
Poor in Goshen, Warwick, Minisink and New Cornwall -— chap. 64, 11th sess. 762
Towns in —chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 753
Wawayanda and Cheescocks, boundary line— chap. 38, 9th sess . . . . . . . . . . . . . 25o
OUTLAWRY.
Proceedings for— chap. 9, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Treason —- chap. 29, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . . . . . . .. 403
OVERSLAGH. '
Hudson river, obstructions at— chap. .84, 10th sess . . . . . . . . . . . . . . . . . . . . . . . .. 533
OYER AND TERMINER.
Act concerning courts of- chap. 38, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 672
OYSTERBAY. TOWN OF.
Ferry to New Rochelle—chap. 46, 8th sess. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 91
INDEX. 87 7
P.
PARDONS.
Casey, Teunis, alias Keire, of murder— chap. 3, 8th sess . . . . . . . . . . . . . . . . . . . 3
Griﬂen, John, of murder—chap. 3, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
PARTITION OF LANDS.
Bradstreet heirs, lands on Delaware river— chap. 65. 9th sess. 326; chap. 96,
10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Coparceny, joint tenanc and tenancy in common --chap. 8, 11th sess . . . . .. 605
General act -—chap. 39, th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
New Paltz patent—chap. 45, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
New Stamford, lands at ——Chap. 102, 10th sess . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 586
Oneida purchase—- chap. 78, 10th sess . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . .. 506
PATENTS.
Records of, secretary 5 ofﬁce -—chap. 13, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
See, also, LANDS.
PEDDLERS.
To restrain—chap. 54, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PENALTIES.
Remission of certain-chap. 12, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
PENNSYLVANIA.
Boundary line, running of— chap. 29, 8th sess, 60; chap. 103, 10th sess . . . . .. 590
expenses — chap. 93, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . 833
PENSIONS.
General act providing for— chap 42, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
Moke, Gerardus —chap. 17, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 41
Rice, John —chap. 17, 8th sess . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . 41
Wendell, David—Chap. 17, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
PERJURY.
To prevent and punish —chap. 17, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 627
PERSONAL ACTIONS.
Process in —Chap. 9, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 357
PERSONAL RIGHTS.
Purveyance abolished — chap. 2. 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
Secured to citizens—Chap. 1, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 344
PERSONS.
Apprentices and servants—chap. 15, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
Bailment, act touching-chap. 31, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
Death beyond sea. discovery of— chap. IO, 11th sess . . . . . . . . . . . . . . . . . . . . . .. 611
Idiots and lunatics-—-—chap. 12, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 617
Slaves, act concerning—chap. 40, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675
PETIT LARCENY.
Trial and punishment— chap. 65, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
PLATT, DANIEL AND BENJAMIN.
Mine discovered by -— chap. 36, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7o
PLATTSBURGH, TOWN OF.
Clinton county courts at ——Chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748
Districts annexed to -chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Erected — chap. 57. 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
North boundary of —- chap. 55, 9th sess . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . 300
878 INDEX.
PLEADINGS.
Certain actions. for the more easy pleading in—chap. 27, 10th sess . . . . . . . . . . 399
POLICE LAWS.
Arrest, to prevent vexatious— chap. 26, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
Bastards, support of— chap. 14, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 618
Buggery, punishment of—chap. 21, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 391'
Common informers, to prevent disorders by, and malicious informations—
chap. 9, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 608
Coroners, act concerning—chap. 18, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 386
Counterfeiting certiﬁcates and specie -- chap. 88, 8th sess . . . . . . . . . . . . . . . . . .. 168
Disorderly persons, who are— chap. 31, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 643
Excise, regulating inns and taverns-- chap. 48, 11th sess. . . . . . . . . . . . . . . . . .. 707
Felons, apprehension of— chap. 20, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 390
Fireworks on New Year’s day, to prohibit—Chap. 81, 8th sess . . . . . . . . . . . . . .. 152
Forgery and counterfeiting, to prevent -— chap. 20, 11th sess . . . . . . . . . . . . . . . 632
Gaming, to prevent excessive— chap. 35, 11th sess. . . . . . . . . . . . . . . . . . . . . . . .. 652
Hawkers and pedlars—chap. 54, 8th sess . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 100
Immorality, act'to suppress—chap. 42, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 679
Justices of the peace, criminal jurisdiction —-- chap. 8, 10th sess . . . . . . . . . . . . . .. 352
Malicious mischief, in certain cities -—chap. 66, 10th sess . . . . . . . . . . . . . . . . . . . .. 489
Mile stones, defacing of— chap. 88, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 814
Murder, act concerning —- chap. 22, 1oth sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 391
New York city, combustibles, storing of, etc. ——chap. 43, 9th sess . . . . . . . . . .. 285
false pretences —- chap. 47, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
gun powder, storage of—chap. 81, 11th sess . . . . . . . . . . . .. . . . . . . . . . . . . .. 805
petty offences—chap. 40, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8o
Perjury, to prevent and punish -—chap. 17, 11th sess . . . . . . . . . . . . . . . . . . . . . . . .. 627
Petit larceny and false pretences ---chap. 65, 10th sess . . . . . . . . . . . . . . . . . . . . . .. 485
Poor, settlement and relief of—chap. 62, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 731
Rape, concerning— chap. 23, 10th sess.. 393; Chap- 30, 10th 5655 - - ' - - - - - - - - -- 404
Slaves, act concerning— chap. 40, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 675
Servants, embezzlement by— chap. 23, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
Statute of limitations—chap. 43, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
Treasons and felonies, to punish— chap. 37, 11th sess. . . . . . . . . . . . . . . . . . . . . . . 664
Woods, ﬁring of, to prevent— chap. 71, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 785
Wrecks, concerning ——chap. 28, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 400
See, also, CoURTs; FELONIES.
POOR LAWS.
Settlement and relief ofthe poor- chap. 62, 11th sess . . . . . . . . . . . . . . . . . . . . . . . 731
PORK.
Inspection of, for exportation—~chap. 55, 11th sess . . . . . . . . . . . . . . . . . . . . . . . .. 719
PORT OF NEW YORK.
See NEW YORK, PORT OF.
POUGHKEEPSIE, VILLAGE OF.
Court-house and gaol at—chap. 67, 8th sess . . . . ..' . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PRECINCTS.
See TowNs.
PRISONERS.
Bailment of persons—chap. 31, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 405
Breaking prison, concerningr— chap. 26, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 636
Right to bail --- chap. 26, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 395
PRIVATE ACTS. -
Aspinwall, John --chap. 52, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 296
Avory, Anne — chap. 10, 9th sess . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Barclay, James —— chap. 17, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Bevier, Daniel -- chap. 41, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
INDEX. 879
Byvanck, Anthony—chap. 9 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Casey, Teunis, alias Keire —chap. 3, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Colden, Cadwallader—Chap. 101, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 579
Debeavois, Jacobus —~chap. 8, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Debeavois, Joost ——chap. 26, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
Delaplaine, Sarah Ann—chap. 83, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 808
Denton, Jonas ——Chap. 13, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Denton, Thomas—chap. 22, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Edmeston, Robert — Chap. 1, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
Evans, Charles, John and Agatha—Chap. 65, 9th sess., 326; chap. 96, 10th sess. 566
Fitch, John—chap. 57, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 472
Griﬁren, John —chap. 3, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 180
Hempsted, Robert—chap. 62, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
Hicks, Thomas—chap. 100, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 578
Livingston, Philip—Chap. 21, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Lynch, Dominick—Chap. 6, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I82
Maitland, Richard—chap. 85, 10th sess., 535; chap. 51, 11th sess . . . . . . . . . . . .. 716
Moore, Benjamin, Sr—Chap. 50, 8th sess., 96; Chap. 2, 9th sess . . . . . . . . . . . . .. I79
Naturalization, divers persons—chap. 79, 8th sess.. 146; Chap. 6, 9th sess.,
I82; chap. 47, 9th sess., 290; Chap. 91, 10th sess., 556; chap. 1, 11th sess.
2; chap, 87, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 813
Platt, Daniel and Benjamin —Chap. 36, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7o
Provoost, David —— chap. 89, 8th sess . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Remsen, Hendrick—chap. 60, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
Richards, Elizabeth —Chap. 43, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . 83
Shoub, Ludewig, and Peter Larman —-Chap. 13, 8th sess. ..~ . . .. . . . . . . .. . . . . 26
Smeed, Samuel, and Niles Higginbottom-chap. 36, 8th sess . . . . . . . . . . . . . . . . 7o
Spier, Abraham—Chap. 77, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 145
Van Cortlandt, \Villiam R.—-chap. 85, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Van Rensselaer, Stephen—Chap. 57, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 306
Van Wyck, Isaac—chap. 52, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
See, also, RELIEF ACTS.
PRIVILEGE.
Inconveniences from, to prevent —chap. 34, 11th sess. . . . . . . . . . . . . . . . . . . . . . 651
PROBATE, COURT OF.
See COURTS.
PROCESS.
Service and return of—chap. 32, 10th sess . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . 407
See, also, COURTS.
PROCTOR.
See COURTS. ' ‘-‘
PROFANITY.
Act to suppress -—Chap. 42, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
PROMISSORY NOTES.
Giving relief on—chap. 33, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650
PROSECUTIONS.
Certain, to be discontinued— chap. 10, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PROTECTION.
Delays of trial by, to prevent—chap. 5, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 35o
PROTESTANT EPISCOPAL CHURCH.
See CHURCHES.
PROVOOST, DAVID.
Estate vested in trustees—chap. 89, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
PUBLIC INSTRUCTION.
See EDUCATION.
880 INDEX.
PUBLIC LOANS AND PUBLIC MONIES.
Accounts, settlement of-—chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 837
Arrears of taxes payable in certiﬁcates —chap. 77, 11th sess . . . . . . . . . . . . . . . . . 799
Auditor, act appointing, continued —- chap. 20, 9th sess. . . . . . . . . . . . . . . . . . . . . . 199
Bills of credit, cancellation of certain — chap. 32, 8th sess . . . . . . . . . . . . . . . . . . . 64
for,§2oo,ooo to be loaned —-chap. 40, 9th sess., 253; chap. 64, 9th sess.. . . 326
issue of 1788 -— chap. 30, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64o
Certiﬁcates, redemption of — chap. 93, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . 834
Colonial loans, relating to—chap. 60, 8th sess., 106; chap. 76, 8th sess . . . . . . . 145
Committee of safety, persons paying monies to --chap. 102, 10th sess. . . .. . . 580
Congress may levy imposts to pay war debt -— chap. 61, 9th sess . . . . . . . . . . . . . . 320
Copper coin, regulating —chap. 97, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Counterfeiting securities — chap. 88, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Lott, Abraham, late treasurer, accounts of—chap. 70, 8th sess . . . . . . . . . . . . . . 123
Public securities, payable to bearer —- chap. 19, 9th sess . . . . . . . . . . . . . . . . . . . . . . 199
redemption of—chap. 93, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 834
State agent’s certiﬁcates, relief of persons holding— chap. 51, 10th sess . . . . . . 465
United States, payments to -chap. 53, 8th sess., 100; chap. 48, 9th sess... . 291
See, also, APPROPRIATIONS.
PUBLIC MONUMENTS.
Defacing of—chap. 88, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 814
PUBLIC OFFICERS.
Actions by or against—chap. 27, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
Auditor, oﬂice continued — chap. 20, 9th sess., 199; chap. 39, 11th sess . . . . . .. 675
Buying and selling of, prohibited --chap. 16, 1 1th sess. . . . .. . . . . . . . . . . . . . . . 625
Commissioners of forfeitures, abolished—chap. 90, 1 1th sess. . . . . . . . . . . . - -. 8i8
Constables, security to be given — chap. 16, 8th sess . . . . . . . . . . . . . . . . . . . . . . . .. 31
Coroners, act concerning— chap. 18, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 386
County treasurers, relating to —chap. 65, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . 772
Customs ofﬁcers — chap. 6, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Extortion, to prevent— chap. 19, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
Justices of the peace, concerning — chap. 8, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . 352
Oaths required of—chap. 28, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 637
Privilege, preventing abuses—chap. 34, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 651
Regents of the University—chap. 15, 8th sess., 30; chap. 82, 10th sess . . . . . .. 524
Sheriffs, security to be given by —- chap. 16, 8th sess . . . . . . . . . . . . . . . . . . . . . .. 31
State treasurer, continued in OITICC —— chap. 1, 8th sess., 1 ; chap. 4, 9th sess. .. 180
Supervisors, clerks of— chap. 65, 11th sess . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 772
Town ofﬁcers — chap. 64, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 762
PUBLIC RECORDS.
Surveyor géneral‘s ofﬁce --chap. 23, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
PUBLISHERS.
Copyright, providing for —chap. 54, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
PURVEYANCE.
Right of, abolished—chap. 2, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 346
QUAKERS
May afﬁrm -- chap. 33, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 410
QUEENSBURY, TOWN OF.
Erected - chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 196
QUEENS COUNTY.
Boundaries of --chap. 63, 11th sess. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 745
Court-house and gaol, erection of--chap. 44, 11th sess., 84; chap. 46, 9th sess. 289
Courts, terms of -—chap. 30, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 237
INDEX. 881
Ferries to Westchester county — chap. 46, 8th Sess., 91 , chap. 71, 8th sess 138
Hempstead, North and South, oystering in —chap. 64, 11th sess . . . . . . . . . .. .. 762
Newtown, arrears of taxes in — chap. 70, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 495
drainage of lands in —chap. 45, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 288
Poor taxes, arrears of—chap. 55, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 101
Prisoners to be removed from New York jail— Chap. 17, 10th sess . . . . . . . . . . . 385
Towns in—chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 749
" QUIT RENTS.
Collection and Commutation of — chap. 23, 9th sess., 203; chap. 76, 10th Sess.,
502; Chap. 39, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 675
Upton, Francis, relief of —~ chap. 84, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 809
QUO \VARRANTO.
Proceedings in, regulating — chap. II, 11th sess . . . . . . . . . . . . . . . . . . - = . . . . . . . . 615
R.
RAPE.
Appeals of — chap. 30, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
To prevent and punish — chap. 23, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
RAPELIE, GARRET.
Relief of - chap. 52, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 465
REAL ACTIONS.
Recovery of damages in - chap. 3, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 347
REAL ESTATE.
See LANDS.
RECORDERS’ COURTS.
See CoURTs.
RECORDS.
Conveyances. proof of—,— Chap. 44, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 689
Mortgages, proofof —-chap. 45, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 69o
Patents in secretary’s ofﬁce -—- chap. 13, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Stealing and avoiding of~~ chap. 22, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 634
Surveyor-Generals ofﬁce ~ chap. 23, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
REFORMED PROTESTANT DUTCH CHURCH.
General act for incorporation of--- chap. 61, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . 730
See, also, CHURCHES.
REGENTS OF THE UNIVERSITY.
Board of, established -— chap. 15, 8th sess, 30; chap. 82, 10th sess. . .. .- . . . . . . 524
REGISTER IN CHANCERY.
Fees of—Chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 125
RELIEF ACTS.
Absconding and absent debtors, relief against —— chap. 24, 9th sess, 207; chap.
54, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 466
Banyar, Goldsbrow, and others -— chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . .. 561
Blake, Jane, and creditors of Jonathan - chap. 5, 8th sess . . . . . . . . . . . . . . . . . .. 6
Byvanck, Peter — Chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 584
Carpenter, John —- Chap. 74, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 141
Chase, William 3- chap. 59, 11th sess. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 727
Clark, Thomas -- chap. 73, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Close, Benjamin, heirs of --- chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
Coe, Benjamin -— chap. 86, 8th sess. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 166
Collectors of taxes — chap. 30, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 61
Committee of Safety, persons paying money to -- chap. 102, 10th sess . . . . . .. 580
Creditors against heirs, executors, etc. - Chap. 27. 9th sess . . . . . , . . . . . . . . . . . . . 23o
‘ VoL. 2.—111
882 INDEX.
Fowler, Theodosius, and others ~—chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . .. 558
Hertenburgh, Ram —chap. 74, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 141
Hunt, David, executors of --chap. 64, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 112
Hunt, Jesse --- chap. 87, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 542
Insolvent debtors —- chap. 14, 8th sess., 27; chap. 87, 8th sess., 167; chap. 22,
‘9th sess., 202; chap. 34, 9th sess., 242; chap. 98, 10th sess., 570, chap. 92,
11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . .. 823
Kettle, Catharine —— chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
Lamb, James, heirs of—-chap. 93, 10th sess. . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
Lessees driven from lands during war-_ chap. 59, 8th sess . . . . . . . . . . . . . . . . . . . 105
Lott. Abraham —chap. 40, 10th 5655 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 430
Mersereau, Joshua --~— chap. 25, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 395
Micheau, Benjamin —-- chap. 52, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 716
Nicoll, William —-~chap. 60, 9th sess . . . . . . . _. . . . . . . . . . . . . . . . . . . . .. . . . . . . .. 318
Noble, Arthur—chap. 25, 10th sess. . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. 394
North East precinct, tax payers in —-chap. 102, 10th sess . . . . . . . . . . . . . .. 583
Persons improperly taxed —chap. 75, 8th ,sess . . . . . . . . . . . . . . . . . . . . . . . . . .. 143
in exile during the war, taxes ——-chap. 64, 10th sess . . . . . . . . . . . . . . . . . . . .. 485
Rapelie, Garret —— chap. 52, 10th sess.. . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 465
Rutgers, Henry, and others —-chap. 37, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. 249
Smith, George —-chap, 65, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 113
State agent’s certiﬁcates, persons holding —-chap. 51, 10th sess . . . . . . . . . . . . .. 465
Stevenson, Edward, heirs oI~- chap. 93, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . .. 560
Thompson. John —--chap, 48. 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 94
Upton, Francis —— chap. 84, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 809
Van Derlocht, \Villiafn, arid others -— chap. 94, 11th sess . . . . . . . . . . . . . . . . . . .. 835
Vardell, Thomas - chap. 62, 8th sess . . . . . . . . . . . . . . . - .. . . . . . . . . . . . . . . . . . . . .. 110
Wattles, Sluman —chap. 25, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 395
\Veissenfels, Frederick —- chap. 41, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 430
See, also, PRIVATE AcTs.
REMSEN, HEN DRICK.
Estate vested in trustees —- chap. 60, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 477
RENSSELAER‘VVYCK, MANOR OF.
Colonie, highways in --— chap. 44, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 286
RENTS.
See LANDs; QUIT RENTs; TENANTs.
REPLEVIN.
Action of, to prevent abuses by -- chap. 5, 11th sess. . . . . . . . . . . . . . . . . . . . . .. 597
REVERSIONS.
See LANDS.
REVISION OF THE LAWS.
Provisions for — chap. 35, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
RHYNBECK, PRECINCT OF.
Clinton precinct erected from --chap. 15, 9th sess . . . . . . . .~.. .. . . . . . . . . . . . . . 194
RICE, JOHN.
Pension to ——cliap. 17, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
RICHARDS, ELIZABETH.
Estate vested in trustees —chap. 43, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
RICHMOND COUNTY.
Boundaries of ~~ chap. 63, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
Courts, terms of - chap. 30, 9th sess . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 237
Dog tax in -~ chap. 11, 9th sess . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . 189
Highways, general act extended to —chap. 78, 8th sess. . . . . . . . . . . . . . . . . . . . 146
Micheau, Benjamin, late treasurer, relief of—Chap. 52, 11th sess . . . . . . . . . .. 716
Towns in — chap. 64, 11th sess. ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 749
INDEX. 883
RIGHTS OF CITIZENS.
Act concerning—chap. 1, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 344
Purveyance abolished -— chap. 2, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
ROADS.
See HIGHWAYS.
RUTGERS, HENRY.
Auditing of accounts of—- Chap. 37, 9th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
S.
Custom-house at —- chap 6, 8t“ sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
SALARIES.
See APPROPRIATIONS.
SALEM, TOWN OF.
Erected —chap. 1.8, 9th sess.. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . 196
SANDY HOOK.
Light-house at—Chap. 19, 8th sess., 46; Chap. 5, 9th sess . . . . . . . . . . . . . . . . . .. 181
SCHENECTADY, VILLAGE OF.
Malicious mischief in — chap. 66, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 489
Night watch and ﬁremen —- chap. 49, 11th sess . . . . . . . . . . . . . . . . . . . . . . . .. .... 712
SCHOOLS.
See EDUCATION.
SEAMAN, ISRAEL.
Forfeited estate vested in James Franklin -— chap. 102, 10th sess . . . . . . . .. 581
' SECRETARY OF STATE.
Fees of—chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I37
Patents, records to be transcribed --chap. 13, 9th sess . . . . . . . . . . . . . . . . . . . . . .. 193
SENATE.
See LEGISLATURE.
SEQUESTRATION.
See COMMISSIONERS OF SEQUESTRATION ; FORFEITED ESTATES.
SERVANTS.
Act concerning —chap. 15, 11th sess. . . .. .. ... . . . . . . . . . . . . . . . . . . . . . . . . .. 620
Embezzlement by—chap. 23, 11th sess . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. 635
SHERBROOKE, MILES.
May return to State — chap. 73, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 500
SHERIFFS.
Act concerning, service of process — chap. 32, 10th sess . . . . . . . . . . . . . . . . . . . . 407
Fees oI—chap. 71, 8th sess ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 135
Security to be given by -— chap. 16. 8th sess . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . 31
SHIPPING.
Tonnage, duty on --chap. 19, 8th sess., 46; chap. 5, 9th sess . . . . . . . . . . . . . . . .. I81
SHOUB, LU DEWIG.
Mine discovered by—chap. 13, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
SLAVES. _
General act Concerning—Chap. 40, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675
Manumission of— chap. 68, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
884 INDEX.
SMEED, SAM UEL.
Mine discovered by— chap. 36. 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 7o
SMITH, GEORGE.
Suspension of attorney’s license revoked ~—chap. 65, 8th sess . . . . . . . . . . . . . . . . 113
SOCIETY OF THE HOSPITAL, NEX/V YORK CITY.
Excise monies to be paid to -— chap. 48, 11th sess. . .. . . . . . . . . . . . . . . . . . . . . . .. 709
SOLICITORS.
See ATTORNEYS AND CoUNsELLoRs; CoURTs.
SOUTHAMPTON, TOWN OF.
Fencing highways in —- chap. 24. 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
SPIER, ABRAHAM.
Real estate of, deceased, sale of— chap. 77, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . 145
STAGE ROUTES.
New York to Albany— chap. 52, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 99
STATE AGENTS.
Accounts of, and claims against ——c‘nap. 80. 8th sess. ...~ .. . . . . .. . . . . . . . . . . .. 147
Relief of persons holding certiﬁcates of -- cnap. 51, 10th sess . . . . . . . . . . . . . . .. 465
STATE TREASURER.
Bancker. Gerard, continued in ofﬁce -- chap, 1, 8th sess., I ; chap. 4, 9th sess. 180
Lott, Abraham, Colonial, accounts of—- Chap. 70, 8th sess . . . . . . . . . .. . . . . . . . .. 123
STAT UTE OF FARUDS.
General act --— chap. 44, 10th sess . . . . . . . . . . . . . . . . . . . A . . . . . . . . . . . . . . . . . . . . .. 438
STATUTE OF LIMITATIONS.
Civil and criminal actions —~chap. 43, 11th sess. . . . . . . . . . . . . . . . . . . . _ . . 683
STAVES.
Culling of, for exportation -—chap. 56. 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723
STEAM BOATS.
Monopoly of, granted to John Fitch -— chap. 57, 10th sess . . . . . . . . . . . . . . . . . . . . 472
' STEUBEN, BARON.
Grant of lands to —— chap. 67, 9th sess. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
STEVENSON, EDWARD.
Relief of heirs of—Chap. 93. 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56o
SUFFOLK COUNTY.
Appropriation to, for cattle sent to Connecticut —- chap. 102, 10th sess . . . . . .. 589
Arrears of taxes levied during war — chap. 32, 9th sess. . . . . . . . . . . . . . . . . . .. . . 24o
Boundaries of —-chap. 63. 11th sess. . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 745
Court-house and gaol, repairs —chap. 44, 8th sess.. . . . . . . . . . . . . . . . . . . . . . . . 84
Fish, protection of—chap. 39, 9th sess., 252-, 1epealed——chap. 27, 11th sess.. 637
Highways, general act extended to — chap. 38, 8th sess. . . . . . . . . . . . . . . . . . . . . 72
Southampton. fencing roads in — chap. 24, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . 53
Towns in — chap. 64. 11th sess . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 748
Woods, ﬁring of—chap. 31, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 62
SUNDAY.
Unlawful acts on -— chap. 42, I 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
SUPERVISORS.
Duty of, in apportioning taxes —chap. 65. 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . 77o
SUPREME COURT .
See OoURTs
INDEX. 885
SURROGATES.
Fees of —chap. 71, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 137
See, also, COURTS.
SURVEYOR—GENERAL.
Annual salary to —~chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 341
Forfeited estates, empowered to sell — chap. 90, 11th sess . . . . . . . . . . . . . . . . . .. 818
Maps and surveys, in ofﬁce of—chap. 23, 8th sess . . . . . . . . . . . . . . . . . . . . .. 52
Oflice removed to Albany —— chap. 66, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
T.
TAPPEN, PETER.
Dutchess county indebtedness to —‘ chap. 78, 11th sess. . . .. _ . . . . . . . . . . . . - . .. 801
TARIFF.
See TRADE AND COMMERCE.
TAVERNS.
Regulating inns and ——chap. 48, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
TAXES.
See ASSESSMENT AND TAXATION’.
TENANTS.
Distress for rent, concerning—chap. 36, I 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 655
Waste by, to prevent —chap. 6, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
See, also, LANDS.
TENANTS IN COMMON.
Partition of lands held by— chap. 8, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
TENANTS IN TAIL.
Conveyances conﬁrmed -—chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 191
TENURES.
Act concerning—chap. 36, 10th sess . . . . . . . . . . . . . .. - . . . . . . . . . . . . . . . . . . . . 415
THOMPSON, JOHN.
Grant of lands to —- chap. 48, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
TITLE. '
Lands, relating to —— chap. 12, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... 191
Tenures, act concerning — chap. 36, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115
Uses, act concerning —chap. 37, 10th sess . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 416
TON-NAGE.
Sec SHIPPING.
TOWN MEETINGS.
General provisions, act dividing counties into towns —- chap. 64, 11th 763
More orderly holding of-— chap. 16, 10th sess . . . . . . . . . _ . . . . . . . . . . . . . . . . . . .. 384
TO\VNS.
Act dividing counties into— chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . _ .. 748
Bastard children, support of— chap. 14, 11th sess . . . . . . . . . ... . . . . . . . . . . .. 618
Beekman and Plattsburgh, boundary of— chap. 55. 9th sess . . . . . . . . . . . .. .. 300
Charlotte precinct, name changed to Washington —— chap. 15, 9th sess . . . . . . . . 194
Chemung erected —-chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 846
Clermont erected — chap. 49, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 455
Clinton precinct erected out of Charlotte and Rhynbeck —chap. 15, 9th sess. 194
Division of State into -— chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748
Duanesburgh erected —chap. 95, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 848
Excise commissioners in — chap. 48, 11th sess. . . ... 707
FoXhall, manor of, annexed to Kingston — chap. 49, 10th sess . . . . . . . . . . . . . . 455
886 i INDEX.
Harpersﬁeld erected -— chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
Plattsburgh, districts annexed to — chap. 18, 9th sess . . . . . .. . . . . . . . . . . . . . . . 198
erected—chap. 57, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Poor, general act for relief of—chap. 62, 11th sess . . . . . . . . . . . . . . . . . . . . . . . .. 731
Washington county, towns in — chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Woodstock erected—chap. 80, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 508
TRADE AND COMMERCE.
Auction, sales by, amended —- chap. 29, th sess . . . . . . . . . . . .. . . . . . . . . . . . . . . . 237
Beef, inspection of, for exportation — 0 mp. 55, 11th sess . . . . . . . . . . . . . . . . . . . . 719
Butter and lard, inspection of, for exportation —— chap. 53, 11th sess . . . . . . . . . . 717
Congress may levy imposts to pay war debt —— chap. 61, 9th sess. . .. . . . . . . . . 320
may prohibit importations and exportations — chap. 56, 8th sess . . . . . . . .. 102
Cordage, additional duty on -—chap. 68, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:20
Custom-houses, New York and Sagg Harbor— chap. 6, 8th sess . . . . . . . . . . . .. 7
Duties imposed on goods, wares and merchandize—chap. 7, 81h sess., 11;
chap. 34, 8th sess., 65; chap. 76, 8th sess., 145; chap. 81, 10th sess., 509;
chap. 72, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 786
Flax seed, inspection of, for exportation — chap. 50, 11th sess . . . . . . . . . . . . . .. 714
Flour, inspection of, for exportation —~chap. 35, 8th sess., 66; chap. 58, 11111
sess . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 725
Lumber, inspection of, for exportation -- chap. 50. 11th sess . . . . . . . . . . . . . . . . . 714
Meal, inspection of, for exportation —- chap. 58, 11th sess . . . . . . . . . . . . . . . . . . . . 725
Pork, inspection of, for exportation — chap. 55, 11th sess . . . . . . . . . . . . . . . . . . . . 719
Relief of certain importers —-chap. 72, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 786
Staves and heading, inspection of, for exportation—chap. 5, 9th sess., 181;
chap. 56,11th sess..... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Tonnage, duty on —chap. 19, 8th sess., 46; chap. 5, 9th sess.. . .. . . . . . . . . . . . 181
\Vrecks, and goods lost at sea, concerning-— chap. 28,- 10th sess . . . . . . . . . . . .. 400
TREASON.
Act for punishing—chap. 37, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 664
Deﬁned, and regulating trials— chap. 29, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . 402
TREASURER, STATE.
See STATE TREASURER.
TREATIES.
Acts repugnant to, with Great Britain, repealed —-chap. 41, 11th sess . . . . . .. 679
Indian. (See INDIAN AFFAIRS.)
TRESPASSES.
Malicious mischief in certain cases —— chap. 66, 10th sess . . . . . . . . . . . . . . . . . . . .. 489
Relief in case of certain, amended -— chap. 71, 10th sess . . . . . . . . . - . . . . . . . . . . .. 496
See, also, COURTS.
TRINITY CHURCH, NEW YORK.
Change of name —-chap. '66, 11th sess.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 776
I TRUSTS.
Act concerning uses — chap. 37, 10th sess . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 416
U.
ULSTER COUNTY.
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
Courts, terms of— chap. 30, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 237
Dutchess county, prisoners injail of—chap. 51, 8th sess . . ._ . . . . . . . . . . . . . . . . 98
Foxhall annexed to Kingston ——-chap. 49, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . 455
New Paltz, partition of lands—chap. 45, 8th sess. .. . .. .. .. .. . . . . 86
New Stamford, partition of lands -— chap. 102, 10th sess. . . . . . . . . . . . . . . . . . . 586
Poor and contingent charges repealed —— chap. 56, 9th sess . . . . . . . . . . . . . . . . . . 305
Supervisors and assessors, Colonial, repealed— chap. 56, 9th sess . . . . . . . . . . . . 305
Towns in-- chap. 64, 1 1th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
Woodstock, town erected— chap. 80, 10111 sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
INDEX. ' 887
UNAPPROPRIATED LANDS.
See LANDS.
UNITED STATES OF AMERICA.
Act of Congress of August 2, I786, acceded to — chap. 83, 10th sess . . . . . . . . .. 531
Accounts with State, settlement of— chap. 95, 11th sess . . . . . . . . . . . . . . . . . . .. 837
Articles of confederation amended— chap. 63, 8th sess . . . . . . .- . . . . . . . . . . . . . . 112
Congress may levy imposts to pay war debt —~ chap. 61, 9th sess . . . . . . . . . . . .. 320
Payments from State treasury to — chap. 53, 8th sess., 100; chap. 48. 9th sess. 291
Treaty with Great Britain, acts repugnant repealed—chap. 41, 11th sess . . . . . . 679
Troops for army of—chap. 82, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 153
UNIVERSITY, REGENTS OF.
See REGENTS OF THE UNIVERSITY.
UPTON, FRANCIS.
Payment of quit rents by —— chap. 84, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809
USES.
Act concerning —— chap. 37, 10th sess . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 416
USURY.
Act to prevent -- Chap. 13, 10th sess. . . . .. . . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . . . .. 365
V-
VAN CORTLANDT, WILLIAM R.
Estate vested in trustees— chap. 85, 8th sess . . . . . .. . . . . . . . . . . . . . . . . . . . . - . . .. I64
VAN DERLOCHT, \VILLIAM.
Relief 0f-—chap. 94, 11th sess . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 835
VAN RENSSELAER, STEPHEN.
Agreement between heirs and executors conﬁrmed—chap. 57, 9th sess . . . . .. 306
VAN WYCK, ISAAC.
Exclusive right to stage route, New York to Albany -—chap. 52, 8th sess. . . . . 99
VARDELL, THOMAS.
Relief Of— chap. 62, 8th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 110
VERMONT, STATE OF.
Grant of lands to sufferers in opposing government Of— chap. 67, 9th sess.,
338; chap. 89, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 815
“I v '
WAGER OF LAW.
Trial by, abolished— chap. 5, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 350
WALTON, \VILLIAM.
Conveyance to Charles John Evans—chap. 65, 9th sess . . . . . . . . . . . . .. . . . . . .. 326
WAR CLAIMS.
Appropnations for sundry—chap. 90, 8th sess., 170; chap. 66, 9th sess., 328;
chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. . 584
Audit of certain—chap. 17, 8th sess., 40; chap. 80, 8th sess., I47; chap. 95,
IIthsess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ..837
Hazen, Col. Moses, allowance of lands to soldiers of —— chap. 93, 10th sess . . . . 562
See, also, MILITARY AFFAIRS.
888 INDEX.
WASHINGTON COUNTY.
Beekman and Plattsburgh, boundary—chap. 55, 9th sess . . . . . . . . . . . . . . . . . . .. 300
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 747
Courts, terms Of—Chﬁp. 37, 8th sess . . . . . . . . . . . . . . . . . . . . . .. _. . . . . . . . . . . . . . .. 71
to be held at Fort Edward --chap. 102, 10th sess . . . . . . . . . . . . . . . . . . . , . . .. 588
Elections in, and Clinton county— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . .. 747
New Perth, lands at, relating to — Chap. 73, 8th sess . . . . . . . . . . . . . . . . . .. .. . I39
Plattsburgh, town erected—chap. 57, 8th sess . . . . . . . . . . . . . . . . . . . . . . .. 103
Poor and contingent charges, repealed—chap. 56, 9th sess . . . . . . . . . . . . . . . . . . 305
Towns, division of county into ——chap. 18, 9th sess., ‘196; chap. 64, 11th sess. 759
WASHINGTON PRECINCT.

Name changed from Charlotte —— Chap. 15, 9th sess . . . . . . . . . . . . . . . . .. . .. .. . 19.].
WASTE.
To prevent—chap. 6, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 35o
WASTE LANDS.
See LANDS.
WATTLES, SLUMAN.
Land grant to --chap. 25, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 395
WATTS, ROBERT.
Appropriation to, for release of lands —— Chap. 102, 10th sess . . . . . . . . . . . . . . . . .. 584
VVAWAYANDA, PATENT OF.
Cheescocks boundary, amended — chap. 38, 9th sess.. ._ . . . . . . . . . . . . . . . . . . . . . . 25o
WEIGHTS AND MEASURES.
Acre, how much land to contain — Chap. 13, 11th sess . . . . . . . . . . . . . . . . . . . . . .. 618
Wheat, sixty pounds to the bushel —chap. 58, 11th sess . . . . . . . . . . . . . . . . . . . . . 726
‘ VVEISSENFELS, FREDERICK.
Certiﬁcates to troops of-— chap. 102, 10th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
Settlement of accounts of—chap. 41, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 430
WEMPLE, ABRAHAM.
Grant of lands to —— chap. 67, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34o
\VENDELL, DAVID.
Pension to —— chap. 17, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
\VESTCHESTER COUNTY.
Boundaries of— chap. 63, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 746
Court-houses and gaol, tax for— chap. 59, 9th sess., 316; chap. 60, 11th sess. 728
Courts, terms of -— chap. 30, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Ferries to Queens county —chap. 46, 8th sess., 91 ; chap. 72, 8th sess . . . . . . . . 138
Poor and contingent charges, repealed—chap. 56, 9th sess . . . . . . . . . . . . . . . . .. 305
Poor in Cortlandt, Yorktown, Stephentown, Philipsburgh, Greenburgh and
Mt.‘ Pleasant— chap. 64, 11th sess . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . - . . . . . . . . . 762
Towns in chap. 64, 11th sess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 75o
WESTCHESTER, TOWN OF.
Ferry to Flushing -- chap. 72, 8th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381
WESTFIELD, TOWN OF. '
Erected — chap. 18, 9th sess . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I96
WHEAT. _
Standard weight of— chap. 58, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726
WHITEHALL, TOWN OF. _
Erected — chap. 18, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
. INDEX. . 889
WHITE PLAINS.
Court-house and gaol to be erected at —— chap. 59, 9th sess . . . . . . . . . . . . . . . . . . 316
WIDOWS.
Right of dower— chap. 4, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 347
WILLS.
Proving of— chap. 27, 9th sess, 230; chap. 38, 10th sess . . . . . _ . . . . . . . . .. . . .. 419
Statute concerning — chap. 47, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
WITNESSES. '
Fees of— chap. 71, 8th sess . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 133
WIVES.
Bigamy, to prevent — chap. 24, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
\VOMEN.
Forcible taking of, to prevent —- chap. 23, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . 393
Rape, appeals of, by-- chap. 30, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
WOODS.
Suffolk county, ﬁring of— chap. 31, 8th sess. . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
To prevent firing of— chap. 71, 11th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 785
WOODSTOCK, TOWVN OF.
Erected -— chap. 80, 10th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
VVRECKS.
Act concerningsm chap. 28, 10th sess . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
WRITS OF ASSISE.
See ASSISE, WRITS OF; COURTS.
WRITS OF RIGHT.
Regulating trials upon —~- chap. 7, 9th sess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
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