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the refidue fhall be divided equally among the creditors; in which divifion, no preference shall be given to debts due by specialty.

be commenced with

creditors.

fore a dividend is

a dividend;

dend. he may receive

his share.

XX. And be it further enacted by the authority aforefaid, No fuit in equity to That no fuit in equity fhall be commenced by any affignee, ou the confent of Without the content of the majority of the petitioners or Any creditor not Creditors, who confented to the affignment, with respect to proving his ebt be the amount of their debts as aforefaid, at a meeting held for made, not entitled to that purpofe; and if any creditor fhall neglect or refuse to But if he proves it give notice, of, and prove his or her debt, within one year before a fecond divi- and an half after the affignment, and a divifion of the whole eftate be made, fuch creditor fhall not be entitled to a dividend, and the whole money fhall be divided by the affignees among the other creditors: But in cafe the whole of fuch infolvent's eftate fhall not be divided and fettled by the time hereby appointed for the first divifion, and fuch creditor fhall prove his debt, before the time appointed for the second divifion, then fuch creditor fhall, before a fecond divifion be made among the other creditors, have his faid dividend, or fo much money as he would have been entitled to on the firft division, had his debt then been proved;" but no creditor fhall be admitted to prove his debt, in order to entitle himself to a share in the infolvent's eftate, after a fecond divifion, but fhall by this act be debarred from any share thereof.

Infolvents difcharg

ed by this act, to have

5 per cent. out of their

pay creditors 145. in the pound.

XXI. And be it further enacted by the authority aforesaid, That every infolvent who fhall be discharged by virtue of this act, and in all things conform to the directions thereof, eltates, if fathcient to fhall be allowed the fum of five pounds per centum, on the net produce of all his or her eftate that fhall be recovered or received by the faid affignee or affignees, to be paid to him or her by fuch affignee or affignees, in cale the net produce of the faid eftate, after fuch allowance made, fhall be fufficient to pay the creditors of fuch infolvent, who fhall prove their debts in the manner directed by this act, the fum of fourteen fillings in the pound, and fo as the faid five pounds per centum fhall not amount in the whole to above the fum of two hundred pounds.

XXII. And be it further enacted by the authority aforefaid, That nothing in this act contained, fhall be conftrued to deprive landlords of the right of diftraining for, or fecuring their rents, which by law they had before the making of this aft.

CHAP. XCV.

An ACT diredding the Settlement of Public Accounts, and for other Purpofes therein mentioned.

I.

Paffed 22d March, 1788.

E it enacted by the people of the fate of New-York, reprefented in fenate

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the United States.

the

Auditor appointed That the auditor of this ftate for the time being, hall be, and fe commiflioner for hereby is appointed fole commiffioner, for and in behalf of fertling the acc tints between this fate and this ftate, to fettle all accounts between this ftate and the United States; and for that purpose that he fhali be authorifed to fettle and agree with any and every commiffioner, agent or other perfon appointed or authorised, or hereafter to be appointed or authori.ed for the purpofe, by or in behalf of the United States, touching the faid acCounts, in fuch manner, and on fuch terins, as the faid auditor fhall deem

moft eligible; and alfo on behalf of this ftate, to appear before any commif foner or other perfons appointed or authorifed, or hereafter to be appointed or authorised to hear, enquire into, or determine, touching the claims or demands, which this ftate may have or make against the United States, and before fuch commiflioners or other perfons to manage and profecute fuch claims or demands on the part of this state; and that it shall be lawful for the treasurer to deliver over to the auditor fuch vouchers and papers in the trea fury, as the treasurer fhall deem the auditor ought to be poffeffed of, in order to exhibiting or managing any of the claims or demands of this flate 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 faid accounts, and the mode and terms of the fettlement of the faid accounts, as the intereft of the ftate hall, in his judgment, require: That William Denning fhall be and hereby is appointed to collect vouchers, and proofs, and other wife to affift the auditor in preparing, ftating and fettling the faid accounts, as the auditor fhall, from time to time require, and in the abfence of the faid auditor, at any time, the faid William Denning fhall in fuch cafes be authorised to appear in behalf of this flate, before fuch commiffioners, or other perfons authorised to hear, enquire into, and determine, and before fuch commiffioners or other perfons, to manage and profecute the claims and demands of this ftate: And he the faid William Denning, fall be allowed for his fervices in the faid business, at the rate of three hundred and fifty pounds per annum, from the time he fhall enter on the faid bufine's.

II. And be it further enacted by the authority aforefaid, That the office of auditor to liquidate and fettle the accounts of the troops of this flate, in the fervice of the United States, fhall ceafe from and after the first day of June next. And further, That the faid auditors fhall on or before the faid firfl day of june next, deliver to the treasurer of this ftate, all the certificates for pay, or depreciation of pay, figned by the faid auditors, pursuant to any act of the legiflature of this flate, and yet remaining in their hands, together with all the books, checks, blanks and papers belonging to their faid office. And the treasurer is hereby authorifed upon demand, to deliver all fuch certificates fo figned, to the refpective perfons entitled to the fame.

[It was conceived unneceffary to print any more of this at than the following claufes, the reft being either expired, repealed, obfolete or private.]

an act relative to pay.

treatury.

VIII. And be it further enacted by the authority aforefaid, Seventh fection of That the feventh fection of the act, entitled, ‡ An act for the ing monies into the relief of perfons who paid money into the treafury of this Toth feff. ch. 102. ftate, in confequence of a refolution of the committee of fafety, of the first day of March, one thousand feven hundred and feventy-feven, and for other purposes therein mentioned, fhall be, and hereby is repealed, from and after the firft day of May next.

XIV. And be it further enacled by the authority aforefaid, That in all cafes where the treasurer of this flate is authorited, empowered or required to fue or profecute for any debts, penalties or forfeitures, by any law of this state, it fhall be fufficient for the treasurer of this flate for the time being, in any action or fuit brought, or to be brought, for any fuch debts, penalties or forfeitures, to declare generally, that the defendant is indebted to the treasurer of the ftate of New-York, in the amount of fuch debt, penalty, or forfeiture, by virtue of the act, entitled, An act (here infert the title of the act in confequence of which the fuit is brought) to be paid to the treasurer of the ftate of New-York for the time being, for the ufe of the people thereof, when re

quired, and to give the fpecial matter in evidence. And no fuch action or fuit fhall be abated or difcontinued by the death, refignation or removal from office of the treasurer, but fhall and may be continued and profecuted to effect, by his fucceffor in office.

Montgomery County

by the name of Che

Towns.

XXIX. And be it further enacted by the authority aforefaid, A certain part of That all that part of the county of Montgomery, beginning erected into a town at the interfection of the partition line between this ftate and mung, with the fame the commonwealth of Maffachusetts, and the Pennsylvania privileges as other line, and running from the faid point of interfection due Altered, north, along the faid partition line, to the diftance of two 14th fefl. ch. 10. miles north of the Tioga-Riyer; thence with a ftraight line to the Owego-River, to interfect the faid river at the distance of four miles on a ftraight line, from the confluence thereof with the Sufquehannah; thence down the Owego and Sufquehannah, to the Pennfylvania line, and thence along the fame to the place of beginning, shall be, and hereby is erected into a town by the name of Chemung. And further, That the freeholders and inhabitants of the faid town, fhall be, and hereby are empowered to hold town-meetings, and elect fuch town-officers as the freeholders and inhabitants of any district or town in the faid 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 fhall be entitled to; and that the first town-meeting fhall be held at fuch time and place as James Clinton, John Cantine and John Hathorn, or any two of them hall, by writing under their hands, direct and appoint.

XXX. And whereas it is reprefented to the legiflature, that divers perfons have been guilty of railing wiers and other obftructions in the Sufquehannah river within this state, whereby the navigation thereof has been rendered dangerous, and the free courfe of the fih up the fame river impeded and diverted: For remedy whereof, Be it further enacted by the authority aforefaid, That if any perfon or perfons fhall raife, erect or build, Any perfon railing or caufe to be raised, erected or built, any fuch wier or the Sufquehannali ri Other obftruction whatsoever in the fame river, in any part ver, to forfeit gl. of this flate, he or they fhall refpectively forfeit the fum of five pounds for each offence, to be recovered with cofts of fuit, before any court having cognizance thereof, by any perfon or persons who will fue for the fame.

any obftructions in

militia duty, no to

XXXI. And be it further enacted by the authority aforefaid, Exemptions from That the exemption to fuch perfons as have formerly ferved extend to perfons who as officers in the army or militia, by the act, entitled, An jone the enemy in act to regulate the militia, or the amendment to the faid 9th feff. ch. 25. act, fhall not be understood to extend to any fuch persons then being officers, who have gone over to and joined the enemy in the

the late war.

late war.

XXXVIII. And whereas that part of the county of Albany, heretofore the townships of Schoharie and Duanefburgh, is now united into one town, which from its extent is inconvenient to the inhabitants: Therefore, Be it further enacted by the authority aforefaid, That from and A certain part of after the first day of April, in the year of our Lord one erected into a town, thousand feven hundred and eighty-nine, the faid township by the name of Du- of Duanesburgh, bounded on the north by the county of

the county of Albany

an:fburgh.

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Montgomery, on the weft by Schoharie-River, and the Schoharie patent, on the fouth 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 eaft by the weft bounds of lands belonging to the Dutch church of Schenectady, and the weft bounds of the fettlement called Corry's Brook, fhall continue and be a town, by the name of Duanefburgh, with all the rights, privileges and immunities which are granted to other towns within this ftate, by an act of the legislature paffed in this prefent feffion, entitled, An act for dividing the counties of this ftate into towns; and that the first town-meeting of the inhabitants of the faid town, shall be held at the dwelling-houfe now occupied by Nicholas Reghter, in the faid town, on the firft Tuefday in April, in the year aforefaid.

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LAWS OF THE STATE OF NEW-YORK,

PASSED IN THE TWELFTH SESSION OF THE LEGISLATURE, HELD AT THE CITY OF ALBANY.

I

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An ACT for the more speedy Recovery of Legacies.

Paffed 5th January, 1789.

BEit
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 it fhall and may be lawful for any perfon, and his or her executors or administrators, to whom any legacy or bequeft of any fum or fums of mo~ ney, or other perfonal goods or chattels, or any refiduary part of any per fonal eftate hath been or may be given by the teflament or laft will of any perfon, to commence, fue and profecute an action of debt, detinue or account, as the cafe may happen, for fuch legacy after it becomes due, in the fupreme court, or any other court of record in this ftate; and if it fall appear or be found, that the legacy for which fuch fuit fhall be brought, is due, and there be fufficient aflets in the hands of the executors to discharge the debts of the teftator, and the legacy or legacies bequeathed, the plaintiff fhall recover fuch legacy; but in cafe there fhall be aflets to discharge all the debts of the teftator, with an overplus not amounting to a fum fufficient to pay all the legacies that may be given, then an abatement fhall be made in proportion to the legacies fo given, and the plaintiff fhall recover only a proportional part of his or her legacy; and where any legatee is or fhall be under the age of twenty-one years at the time fuch legacy fhall become due, in such case every fuch legatee fhall and may maintain an action for his or her legacy fo 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 enacted by the authority aforefaid, That the refpective courts in which any fuch action fhall be commenced, or profecuted, upon the plea of want of aflets to pay all the debts and all the legacies, or when

fuch fuit is brought for a refiduary part or proportion of any perfonal eftate or goods, may appoint auditors to examine the accounts of the executors, which auditors, after full hearing and examination thereof, at fuch time and place, or times and places as by them fhall be appointed, with notice to the executors and plaintiff, or their respective attornies, fhail report how the accounts of the executors do ftand, and how much affets will remain in their hands after payment of the whole of the debts, and what part of fuch remainder ought to go towards paying the demand of the plaintiff, if it is not fufficient to pay the whole, and the court fhall thereupon give judg ment and award execution for fuch fum as the plaintiff ought to recover: But if the plaintiff fhall difcontinue his fuit or become hon-fuited, or judg Anent be given against him, or if nothing be found due to him, then the defendants fhall have judgment to recover their cofts of fuit against fuch plaintiff: And in cafe the plaintiff fhall recover only a part of his demand for, want of affets to discharge the whole, then, when further affers come to the defendant's hands, the plaintiff may have a refummons against the defendants, and recover the refidue of the monies due to him, or his proportion of fuch aflets; and the court is hereby empowered upon the exception of either party, and hearing the parties, to correct and amend any mistakes or errors in fuch report, or the accounts fo reported.

III. And be it further enacted by the authority aforefaid, That the court in which any fuch action may be brought or profecuted, fhall, 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 cofts of the fuit or of either party to be paid out of the teftator's eftate, or by either of the parties, according to juffice and equity, and in cafe the executors have been faulty in delaying to pay the legacy demanded, or a proportional part thereof, without fufficient excufe, then the court may award cofls against the executors, to be paid out of their own eftate; any thing herein contained to the contrary notwithstanding.

IV. Provided always, and be it further enacted by the authority aforefaid, That no fuch fuit fhall be maintained for any fucli legacy or bequeft, until reasonable demand be made of the executor or executors, who ought to pay the fame, and an offer of two fufficient fureties to the fald executor or executors, who, if they fhall think proper to accept thereof, shall become bound to them the faid executors, in double the fum 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 faid legatee will return the faid legacy, or fuch part thereof as may be neceflary for the payment of the faid debts, or for the payment of a proporti onal part of the faid legacies; and if the faid executors fhall not think proper to accept thereof, then the faid legatee fhall file fuch bond, the fame and the fecurities being firft approved of by the court, in the office of the clerk thereof, before obtaining any process against the faid executors, otherwise the fame procefs fhall abate; but where there are feveral legatées, and a return of part of the faid legacy fhall afterwards appear neceffary, each legatee shall only be compelled to return a proportional part of his legacy, so as to make up the whole fum wanting.

V. And be it further enacted by the authority aforefaid, Where executors That where no time, in and by any teftament or laft will, pay legacies. is or fhall be limited for the payment of any legacy or legacies

hall have a year to

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