were due, his or her executors or adminiftrators, may, from time to time, diftrain again for the refidue of the faid arrears.

in cafes of diftretsfor tax, affcilinent or fine.

XII. And be it further enacted and declared by the authoNoreplevinallowed rity aforefaid, That no replevin fhall lie in any cafe of dif trefs for any tax, afleffment or fine, to be collected or levied in pursuance of any law of this ftate; and if any person or perfons fhall hereafter fue out or profecute a replevin in any fuch cafe, he, The or they, fhall forfeit the fum of fifty pounds, to be recovered, with cofts of fuit, in any court of record within this ftate, by action of debt, bill, plaint or information; the one moiety to any person who fhall fue for the fame, and the other moiety to the people of this ftate.

XIII. And be it further enacted by the authority aforesaid, That the act, entitled, An act to prevent the abuse of writs and plaints in replevin; and an act, entitled, An act to prevent delays by writs of replevin in cafes of diftress for taxes, affeffiments or fines, fhall be, and hereby are repealed.

r

İ.

BE

СНА Р. VI.

An ACT to prevent forcible Entries and Detainers.

Passed 6th February, 1788. E it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That no perfon or perfons fhall hereafter make any entry into any lands, tenements or other poffeffions, but in cafes where entry is given by the law, and in such case, not with ftrong hand, nor with multitude of people, but only in peaceable and eafy manner; and if any perfon from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine and imprisonment. And further, That at all times when fuch forcible entry fhall be made, and complaint thereof cometh to the juftices of the peace of the fame county, or to any of them, the fame juftices or justice shall take fufficient power of the county, and go to the place where fuch force is made, and if they find any that hold fuch place forcibly, after fuch entry made, the fame juftices or juftice fhall record fuch force, and fet and impofe a fine, not exceeding five pounds, upon every of the faid offenders, to be paid by them for their faid offences, to the people of this state, and cause every of them fo holding by force, to be taken and put into the next gaol of the fame county, there to abide convict, by the record of the fame juftices or juftice, until they shall have respectively paid fuch fine to the people of this ftate. And further, That all the people of the county, as well the fheriffs as the justices in arreft- Others, fhall be attendant upon the juftices, to go and affift ing the offenders. the fame juftices to arrest fuch offenders, upon pain of fine and imprisonment.

All perfons to assist

II. And to the end that the party aggrieved, where any person shall make any fuch entry by force, or fhall enter in peaceable manner, and after hold by force, may have reftitution; Be it further enacted by the authority aforesaid, Juftices to remove That where any perfon doth make any forcible entry into the force, &c. any lands, tenements or other poffeffions, or them hold forcible, after complaint thereof made within the fame county where fuch entry is made, to the juftices of the peace of the fame county, or to any one of them, by the party grieved; the fame juftices or juftice, fo warned, within a convenient time, hall go to the place where fuch force is made, taking

the power of the county with him or them, if need be, and remove fuch force, if any there be; and fhall, at the cofts of the party grieved, cause this act to be duly executed; and whether the perfons making fuch entries be prefent, or departed before the coming of the fame juftices or justice, the fame juftices or juftice, in fome good town in the fame county next to the tenements fo entered, or in fome other convenient place, according to their dif cretion, shall have, and either of them fhall have authority and power to enquire, by the people of the fame county, as well of them that make fuch forcible entries into lands or tenements, as of them which the fame hold with force; and if it be found before any of them, that any doth contrary to this ftatute, then the faid juftices or juftice fhall caufe the lands and tenements fo entered or holden as aforefaid, to be refeifed, and shall put the party, fo put out, in full poffeffion of the fame lands and tenements fo entered or holden as aforefaid. And if any perfon, after fuch entry into lands or tenements holden with force, make a feoffment, or other difcontinuance to any perfon, to have maintenance, or to take away and defraud the poffeffor of his recovery in any wife, if after, in affife or other action thereof to be taken or pur-. fued, in any court of record, by due enquiry thereof to be taken, the fame feoffments and difcontinuances be duly proved to be made for maintenance as aforefaid; then fuch feoffments, or other difcontinuances, fo as before made, fhall be void, fruftrate, and holden for none.

Juftices to flue a

precept to the sheriff,

to fummon a jury to

enquire of the force,

&c.

III. And be it further enacted by the authority aforefaid, That when the faid juftices or justice make fuch enquiries as aforefaid, they or one of them fhall make a warrant or precept, to be directed to the fheriff of the fame county, commanding him, in the name of the people of the ftate of New-York, to caufe to come before the fame juftices or juflice, at a certain time and place, therein to be specified, not less than two days from the time of iffuing thereof, twenty-four good and lawful men of the fame county, duly qualified to ferve as jurors in fuch county, on trials in the fupreme court, to enquire of fuch entries; and fhall, at the time of making fuch warrant or precept, caufe a notice in writing, of the iffuing thereof, and of the time and place of the return thereof, to be affixed up in fome public and fuitable place, upon the lands or tenements fo entered or holden, or delivered to the party against whom fuch complaint is made, if fuch party be on the premifts. And further, That the fheriff fhall return iffues upon every one of the jurors, at the day of the return of the first precept, twenty fhillings, and at every day after, the double. And if any person who fhall be indicted upon this act, before fuch juftices or juftice, fhall immediately traverfe fuch indictment, then the fame juflices or justice shall make a warrant or precept, to be directed to the fheriff of the fame county, commanding him, in the name of the people of the ftate of New-York, to caufe to come before fach juftices or juflice, at a certain day, not less than four, nor more than eight days from the time of ifluing fuch precept, and at a certain place therein to be specified, twelve good and lawful men of the fame county, who fhall be fuch as are or fhall be qualified to ferve as jurors as aforefaid, to try the fame traverse, and the sheriff shall return iffues upon every of them in the manner aforefaid. And if any sheriff be flack, and make not execution duly of fuch precept to him directed, to make fuch enquiries, or try fuch traverfe, he fhall forfeit awenty pounds for every default, to the party grieved; to be recovered, with cols of fuit, in any court of record in the fame county where the offence fhall be committed, by action of debt, bill, plaint or inforination.

No reftitution to be

made, if defendant

been in pollellion three years.

IV. And be it further enacted by the authority aforefaid, or his ancestors has That no reftitution upon any indictment of forcible entry, or holding with force, be made to any perfon or perfons, if the perfon or perfons fo indicted, or his or their ancestors, or thofe whofe eftate they have in fuch lands and tenements, hath or have had the occupation, or hath or have been in quiet poffeffion, by the fpace of three whole years together, next before the day of fuch indictment fo found, and his, her or their eftate or eftates therein not ended or determined, which the party indicted fhall and may alledge for flay of reftitution, and reftitution to ftay until that be tried, if the party complaining will deny or traverse the fame; and then the juftices or juftice, before whom fuch indictment fhall be found, fhall proceed to try the fame in the manner herein before directed.

against the defendant

1on convicted to pay

V. And be it further enacted by the authority aforefaid, If traverfe be tried That if the allegation or traverse, taken or made by the perreflitution fhall be fon or perfons indicted, be tried against the perfon or perfons awarded, and the per- fo indicted, either before the fame juftices or juftice, or becofts and damages. fore the juftices of the fupreme court, or either of them, in cafe the proceedings be removed into the fupreme court before fuch trial, then, and in every fuch cafe, reftitution fhall be awarded by the juftices or juftice before whom the fame fhall be tried, or by the fupreme court, in the fame manner as if no plea or traverfe had been made or put in by fuch perfons fo indicted; and the perfon or perfons fo convicted, fhall pay fuch cofts and damages to the party complaining, as fhall be affefled by the juftices or juftice before whom the fame is tried, or by the fupreme court, if the proceedings fhall be removed into the fupreme-court before fuch trial as aforefaid; the fame cofts and damages to be recovered and levied in the fame manner, as cofts and damages upon judgments in other actions are recovered.

VI. And be it further enaffed by the authority aforefaid, That this act fhall extend as well to tenants for years and guardians, as to fuch as have eftates of freehold.

or ejected, may have

affife ог

VIL And be it further enacted by the authority aforefaid, The party diffcifed That if any perfon be diffeifed or ejected, or put out of any trefpats lands or tenements in forcible manner, or put out peaceaagainst the offenders. bly, and after holding out with ftrong hand, or after fuch entry any feoffinent or difcontinuance in any wife thereof be made to defraud and take away the right of the poffeffor, the party grieved in this behalf fhall have affife of novel diffeifin, or a writ of trefpafs against fuch offenders; and if the party aggrieved recover by aflife, or by action of trefpafs, and it be found by verdict, or in any other manner by due courfe 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 fhall recover his treble damages, with cofts of suit, against the defendant.

VIII. And be it further enacted by the authority aforefaid, Mayors, recorders, That all mayors, recorders, juflices of the peace and alderfheriffs of cities, to men, and sheriffs of cities, fhall have, in the same cities, the

juftices, aldermen and

execute this act. like power to remove fuch entries, and in the other articles aforefaid, arifing within the fame, as the juftices of the peace and sheriffs have, by this act, in the feveral counties of this ftate.

CHAP. VII.

An ACT to enable Grantees of Reverfions to take Adrantage of the Conditions to be performed by Leffees.

I.

Paffed 6th February, 1788.

BE E it enacted by the people of the flate if New-York, reprefented in fenate and affembly, and is hereby enacted by the authority of the jame, That as well all and every perfon and perions, and bodies politic and corporate, their heirs, fucceffors and afligns, which have, or fhall have any gift or grant of the people of the ftate of New-York, by any ways or means how foever, of any manors, lands, tenements, rents or other hereditaments, or of any reverfion or reverfions of the fame, which did belong or appertain to any other perfon or perfons, and have or fhall, by any ways or means, come to the people of the state of New-York; as alfo, all other perfons being grantees, or affignees, to or by the people of the ftate of New-York, or to or by any other perfon or perføns, and the heirs, executors, fucceffors and affigns of every of them, fhall and may have and enjoy like advantages against the leffees, their executors, adminiflrators and affigns, by entry for the non-payment of the rent, or for doing of wafle or other forfeiture: And alfo, Shall and may have and enjoy all and every fuch like and the fame advantage, benefit and remedies, by action only, for not performing other conditions, covenants or agreements, contained and expreffed in their leafes, demises or grants, against all and every the faid leflees and termers, and grantees, their executors, adminiftrators and affigns, as the leflors and grantors themselves, or their heirs or fucceffors ought, fhould or might have had and enjoyed, at any time or times, in like manner and form as if the reversion of fuch lands, tenements or hereditaments had remained and continued in the fame leffors or grantors, or in their heirs or fucceflors.

II. And be it further enacted by the authority aforefaid, That all termers, leffees, and grantees of manors, lands, tenements, rents, or any other hereditaments, for term of years, or life or lives, their executors, adminiftrators and affigns, fhall and may have like action, advantage and remedy, against all and every perfon and perfons, and bodies politic and corporate, their heirs, fucceffors and affigns, which have or fhall have any gift or grant of the people of the ftate of New-York, or of any other perfon or perfons of the reverfion of the fame manors, lands, tenements, rents or hereditaments, fo letten, or any parcel thereof, for any condition, covenant or agreement, contained or expreffed in their leafe or leafes, as the fame leffees or any of them might and should have had against their leffors and grantors, their heirs or fucceflors; all benefits and advantages of recoveries in value, by reafon of any warranty in deed or in law, by voucher or otherwife, only excepted.

CHA P. VIH.

An ACT to compel Joint Tenants, and Tenants in Common,to make Partition, and for the more eafy obtaining Partition of Lands in Coparcenary, Joint Tenancy and Tenancy in Common.

Paffed 6th February, 1788. 1. E it enacted by the people of the fate of New-York, reprefented in fena'e and affembly, and it is hereby enacted by the authority of the fame, That all joint-tenants, and tenants in common, that now be, or hereafter fhall be, of any eftate or eftates of inheritance in their own rights or in the right of their wives, of any manors, lands, tenements or hereditaments within this

nants in common for

others having estates

flate, fhall and may be compelled, by virtue of this act, to make partition between them, of all fuch manors, lands, tenements and hereditaments, as they now hold, or hereafter fhall hold, as joint tenants or tenants in common, by writ of partition in that cafe to be devised, in the court of chancery, in like manner and form as coparceners, by the common law have been, and are compelled to do, and the fame writ to be purfued at the common law; but that every of the faid joint-tenants or tenants in common, and their heirs, after fuch partition made, fhall 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 ufed between coparceners, after partition made, by the order of the common law. II. And be it further enacted by the authority aforesaid, Joint tenants or te. That all joint-tenants, and tenants in common, and every he or years, or with of them, who now hold or hereafter fhall hold, jointly or of inheritance, com- in common, for term of life or lives, year or years, and pellable to make par- joint-tenants or tenants in common, where one or fome of them have or fhall have estate or eftates, for term of life or lives, or year or years, with the other or others, that have or fhall have eftate or eftates of inheritance, or freehold in any manors, lands, tenements or hereditaments, fhall and may be compellable from henceforth, by writ of partition out of the court of chancery, upon his, her or their cafe or cafes, and to be purfued at the common law, to make feverance and partition of all fuch 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 fome of them hold jointly or in common, for term of life or lives, year or years, with another or others, that have an estate or eftates of inheritance or freehold. But that no fuch partition or feverance hereafter to be made by force of this clause of this act, be, nor fhall be prejudicial or hurtful to any perfon or perfons, their heirs or fucceffors, other than fuch as be parties unto the faid partition, their executors or afligns,

tition.

III. And be it further enacted by the authority aforesaid, Manner of proceed. That after process of pone, or attachment returned upon ing in partition. any writ of partition, between coparceners at the common

law, or cuftom, or between joint-tenants or tenants in common, by virtue of this act, affidavit being made by any credible perfon, of due notice given of the faid 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, fon or daughter (being of the age of one and twenty years or upwards) of the tenant or tenants, or to the tenant in actual pof feffion, by virtue of any eftate of freehold, or for term of years, or uncertain intereft, or at will, of the manors, lands, tenements or hereditaments, whereof the partition is demanded (unless the faid tenant in actual poffef fion be demandant in the action) at least forty days before the day of the return of the faid pone, or attachment, if the tenant or tenants to fuch writ, or any of them, or the true tenant to the meffuages, lands, tenements and hereditaments, as aforefaid, fhall not in fuch cafe, within fifteen days after return of fuch writ of pone or attachment, cause an appearance to be entered in fuch court where fuch writ of pone or attachment shall be returnable, then, in default of fuch appearance, the demandant having entered his declaration, the court may proceed to examine the demandant's title, and quantity of his part and purpart, and accordingly as they fhall find his right, part and purpart to be, they fhall for fo much, give judgment by default,