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denkt, he inay receive his hare.

the residue shall be divided equally among the creditors ; in which division, no preference shall be given to debts due by specialty

XX. And be it further enaded by the authority aforesaid, No fuit in equity to That no fuit in equity shall be commenced by any allignee, ou tire consent of without the çonient of the majority of the petitioners or

Any credi:or not creditors, who consented to the aflignment, with respect to proving his tht be the amount of their debts as aforesaid, at a meeting held for made, not entitled :o that purpose ; and if any creditor shall neglect or refuse to

but if he proves it give notice of, and prove his or her debt, within one year betore a second tivi- and an half after the allignment, and a division of the whole

estate be made, such creditor shall not be entitled to a divi. dend, and the whole money shall be divided by the aflignees among the other creditors : But in case the whole of such insolvent's eitate shall not be divided and settled by the time hereby appointed for the first division, and such creditor shall prove his debt, before the tiine appointed for the second division, then such creditor Mall, before a second division be made among the other creditors, have his faid 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 adınitted 10 prove his debt, in order to entitie himself to a Mare in the insolvent's estate, after a second division, but shall by this act be debarred from any share thereof.

XXI. And be it further enacted by the authority aforefuid, Infelisnate forhang That every insolvent who shall be discharged by virtue of Sper cent out of their this act, and in all things conform to the directions thereof, pay creditors 145. in shall be allowed the sum of five pounds per centuin, on the the pound.

net produce of all his or her eftate that Thall be recovered or received by the faid aflignee or aflignees, to be paid to him or her by such assignee or assignees, in calė the net produce of the said eftate, after such allowance made, shall be fufficient to pay the creditors of such insolvent, who Ihall prove their debts in the manner directed by this act, the sum of fourteen Millings 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.

XXII. And be il further enabled by the authority aforefaid, 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.

CH A P. XCV. An ACT directing the Settlement of Public Accounts, and for o her Purposes

therein meiiiioned.

Passed 22d March, 1788. 1. BE

and asembiv, and it is hereby enacted by the authority of the firme, Auditor appointed

That the auditor of this state for the time being, shall be, and Come com millioner for hereby is appointed sole commissioner, for and in behalf of between this fate and this state, to fettle all accounts between this state and the

United Stares; and for that purpose that he lbali be authorised to settle and agree with any and every commissioner, agent or other person appointed or authori&:d, or hereafter to be appointed or authoried for the purpose, by or in behalf of the United States, touching the said accounts, in fuch manner, and on such terins, as the said auditor (hall deein

the United States.

oft eligible ; and also on behalf of this state, to appear before any commis, foner or other persons appointed or authorised, or hereafter to be appointed as authorised to hear, enquire into, or determine, touching the claims or de mands, which this state may have or make against the United States, and be fore such commillioners or other persons to manage and prosecute fuch claiins or demands on the part of this state ; and that it hall be lawful for the treasurer to deliver over to the auditor luch vouchers and papers in the trea fury, as the treasurer shall deem the auditor ought to be pollefted of, in order to exhibiting or managing any of the claims or 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 application of the auditor, to advise the auditor touching the said accounts, and the node and terms of the settlement of the faid accounts, as the interest of the state shall, in his judgment, require: That William Denning shall be and hereby is appointed to collect vouchers, and proofs, and other wile to aliit the auditor in preparing, stating and fettling the faid accounts, as the auditor all, froin time to time require, and in the abfence of the said auditor, at any time, the said William Denning shall in such cafes he authorised to appear in behalf of this state, before such commissioners, or other persons authorised to hear, enquirę into, and determ ne, and before such commissioners or other persons, to manage and prosecure the claims and demands of this fate : And he the faid William Denning, shall be allowed for bis fervices in the said business, at the rate of three hundred and fiity pounds per annum, from the time he hall enter on the said business.

il. And be il furiher enaded by the authority for fad, That the cffice of auditor to liquidate and settle the accounts of the troops of this itate, in the service of the United States, shall cease from and after the first day of June next. And futher, That the said auditors shall on or before the said first day of June next, deliver tu the treasurer of this state, all the certificates for pay, or depreciation of pay, signed by the said auditors, pursuant to any act of the legislature of this ftate, and yet remaining in their hands, together with all the books, checks, blanks and papers belonging to their faid office. And the treafurer is hereby authorised upon demand, to deliver all such certificates fo figned, to the respective persons entitled to the faine, [it was conceived unneceflary ta print any more of this ad than the following caufes, the reft being

either expired, repealed, obloiere or private.]

VIII. And be it further enaded by the authority aforesaid, Seventh section of That the seventh section of the act, entitled, * An act for the ing inunies into the relief of persons who paid money into the treasury of this totle fer. ch. 102. ftate, in consequence of a resolution of the committee of

fafety, of the first day of March, one thousand seven hundred and leventy-seven, and for other purposes therein mentioned, shall be, and hereby is repeated, from and afer the first day of May next.

XIV. And be it further enabled by the authority aforeluid, That in all cases where the treasurer of this state is authorised, empowered or requ'red to fue or profecute for any debts, penalties or forfeitures, by any law of this ftare, it shall be sufficient for the treasurer 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 conlequence of which the suit is brought to be paid to the treasurer of the state of New-York for the tune being, for the rule of the people thereof, when he

Towns.

quired, and to give the special matter in evidence. And no such action or luit 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.

XXIX. And be it further cnacted by the authority aforefuid, A certain part of That all that part of the county of Montgomery, beginning erected into a town at the intersection of the partition line between this state and ming, with tire fame the commonwealth of Massachusetts, and the Pennsylvania privileges as other line, and running from the faid point of intersection due

Altered, north, along the laid partition line, to the distance of two 14th self. ch. 10.

miles north of the Tioga-Riyer; thence with a straight line to the Owego-River, to interfe& the said river at the distance of four miles on a straight line, from the confluence thereof with the Susquehannah; thence down the Owego and Susquehannah, to the Pennsylvania line, and thence along the fame io the place of beginning, Ihall be, and hereby is erected into a town by the name of Chemung. And further, That the freeholders and inhabitants of the said town, shall be, and hereby are empowered to hold town-meetings, and eled such town-officers as the freeholders and inhabitants of any diftrict or town in the said county of Montgomery, may do by law : And that the freeholders and inhabitants of the laid 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 faid county are or shall be entitled to ; and that the first town-meeting (hall be held at such time and place as James Clinton, John Cantine and John Hathorn, or any two of the ni mhall, by writing under their hands, direct and appoint.

XXX. And whereas it is represented to the legislature, that divers persons have been guilty of railing wiers and other obstructions in the Susquehannah river within this state, whereby the navigation thereof has been rendered dangerous, and the free course of the fiih up the same river impeded and diverted : For remedy whereof, Be il further ended by the authority afore.

Juid, That if any person or persons shall raise, erect or build, Any per fon railing or cause to be raised, erected or built, any such wier or the Sufquehannah ri- other obstruction whatsoever in the same river, in any part ver, to forfeitsl.

of this fate, he or they shall respectively forfeit the sum of fire pounds for each offence, to be recovered with costs of suit, before any court having cognizance thereof, by any person or persons who will fue for the same.

XXXI. And be it further enated by the authorily aforesaid, Exemptions from That the exemption to such persons as have formerly served tead to persons who as officers in the army or militia, by the adt, entitled, . An

elemeny in act to regulate the militia, or the amendment to the faid och fest. ch. 25. act, mall not be understood to extend to any such persons then being officers, who have gone over to and joined the enemy in the

XXXVIII. And whereas that part of the county of Albany, heretofore the townships of Schoharie and Duanesburgh, is now united into one town, which from its extent is inconvenient to the inhabitants : Therefore, Be it

further enacted by the authorily aforesaid, That from and A certaine parts of after the first day of April, in the year of our Lord one erected into a town, thousand seven hundred and eighty-nine, the said township bei mame of Du- of Duanesburgh, bounded on the north by the county of

the late war.

late war.

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 fouth bounds of lands granted to captain Jonathan Brewer, and the manor of Renflelaerwyck, and on the east by the weft bounds of lands belonging to the Dutch church of Schenectady, and the west bounds of the settlement called Corry's Brook, Aall continue and be a town, by the name of Duanelburgh, with all the rights, privileges and inmunities which are granted to other towns within this state, by an act of the legislature passed in this present session, entitled, An act for díviding the counties of this state into towns; and that the first town-meeting of the inhabitants of the faid 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,

བ བསྐབ= LAWS OF THE STATE OF NEW-YORK,

PASSED IN THE TWELFTH SESSION OF THE LEGISLATURE,

HELD AT THE CITY OF ALBANY.

1 BEL

CH A P. I.
An ACT for the more speedy Recovery of Legacies.

Palled sth January, 1789.
E it enažied by the people of the fate of New-York, represented in linate

and assembly, and it is hereby enačied by the authority of the James That it shall and may be lawful for any person, and his or her executors or administrators, to whom any legacy or bequest of any sumn or fums of money, or other personal goods or cliartels, or any residuary part of any perfonal estate hath been or may be given by the testament or last will of any person; to commence, sue and prosecute an action of debt, detinue or account, as the case may happen, for such legacy after it becomes due, in the supreme court, or any other court of record in this state ; and if it shall appear or be found, that the legacy for which such suit shall be brought, is due, and there be sufficient assets in the hands of the executors to discharge the debts of the testator, and the legacy or legacies bequeathed, the plaintiff shall recover such legacy; but in că se there shall be aflets to discharge all the debts of the testator, with an overplus pot amounting to a sum sufficient to pay all the legacies that may be given, then an abatement shall be made in proportion to the legacies so given, and the plaintiff shall recover only a proportional part of his or her legacy; and where any legatee is or shall be under the age of twenty-one years at the time fuch legacy shall become due, in such case every such legatee shall and may maintain an action for his or her legacy so given, by guardian or next friend, as fully and amply as by law he or she may do in any other action whatsoever.

II. And be it further enated by the authority aforesaid, That the respective courts in which any such action shall be commenced, or profecuted, upon the plea of want of a lets to pay all the debts and all the legacies, or when

fuch fuit is brought for a refiduary part or proportion of any perfonal etate or goods, may appoint auditors to examine the accounts of the executors, which auditors, after full hearing and examination thereof, at such time · and place, or times and places as by them shall be appointed, with notice to the executors and plaintiff

, or their respective attomies, ihail report how the accounts of the executors do stand, and how much afeis will remain in their hands after payment of the whole of the debts, and what part of such remainder ought to go towards paying the demand of the plain:jff

, if it is not sufficient to pay the whole, and the court shall thereupon give judge ment and award execution for such sum as the plaintiff ought to recover : Bur if the plaintiff shall discontinue his suit or become non-fuited, or judg. anent be given against him, or if nothing be found due to him, then the defendants shall have judginent to recover their costs of suit against such plaintiff: And in case the plaintiff shall recover only a part of his demand for want or assets to discharge the whole, then, when further affets come to the de fendant's hands, the plaintiff inay have a resummons against the defend. ans, and recover the residue of the monies due to him, or his propor:ion of such aflets; and the court is hereby empowered upon the exception of either Parry, and hearing the parties, to correct and amend any mistakes or errors in such report, or the accounts fo reported.

III. And be it further enacted by the authorily aforesaid, That the court in which any such action may be brought or prosecuted, shall, upon confideration of the report of the auditors, and the accounts of the executors, and the nature of the action, and the proceedings therein, award the costs of the fuit or of either party to be paid out of the testator's estate, or by either of the parties, according to justice and equity, and in case the executors have been faulty in delaying to pay the legacy demanded, or a proportional part thereof, without fufficient excuse, then the court may award cofts against the executors, to be paid out of their own eftate ; any thing herein contained to the contrary notwithftanding.

IV. Provided always, and be it further enailed hy the ani hority aforesaid, That no such suit shall be maintained for any suchi legacy or bequeft, until reasonable demand be made of the executor or executors, who ought to pay the same, and an offer of two fufficient fureties to the said executor or executors, who, if they shall think proper to accept thereof, shall become bound to them the said executors, in double the sum of the faid legacy, with condition, That if any part, or the whole thereof, shall at any time after appear to be wanting to discharge any debt or debts, legacy or legacies, which the faid executors may not have other affets to pay, then, and in such case the said legatee will return the said legacy, or such part thereof as may be ne. cessary for the payment of the said debts, or for the payment of a proportional part of the said legacies ; and if the said executors shall not think proper to accept thereof, then the faid legatee shall file such bond, the fame and the securities being first approved of by the court, in the office of the clerk thereof, before obtaining any process against the faid executors, otherwise the fame process shall abate; but where there are several legatees, and a return of part of the said legacy shall afterwards appear necessary, each legafee shall only be compelled to return a proportional part of his legacy, so as to make up the whole sum wanting.

V. And be it further enacted by the authority aforefrid, Wliere execators That where no time, in and by any testament or last will, pay legacies. is or shall be limited for the payment of any legacy or legacies

thull bave a year to

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