thereby given or bequeathed, then, and in every fuch cafe, the executors fhall have the space of one year to discharge the fame; any law, ufage or cuftom to the contrary notwithstanding.

VI. And be it further enacted by the authority aforefaid, This act to extend to That this act fhall be conftrued and taken to extend to all adminiftrators, with a will annexed. perfons to whom letters of administration have been, or fhall be granted with a will annexed, as fully, to all intents, conftructions and purposes whatsoever, as if they were the executors named in fuch will. VII. And be it further enacted by the authority aforefaid, Perfons entitled to That all perfons who have, or hereafter may have a right fates of inteftates, to any fhare or fhares in the perfonal eftate of any inteftate, nedy againft adinini- fhall have the like remedy against the adminiftrators, for the recovery of the faid fhare or fhares, as by this act is given to legatees against executors, and be under the fame rules and regulations; any law, ufage or cuftom to the contrary notwithstanding.

faares of perfonal

to have the like re

Araturs.

tors, before notice of

VIII. And be it further enacted by the authority aforefaid, Acts of admiftra. That all lawful acts done, or to be done by any adminia will, fhall stand ftrator, before notice of a will; and all fales of goods and good. chattels made by an administrator, bona fide, before fuch notice, shall stand and remain good, and fhall not be impeached or altered by any executor or executors, on any will appearing afterwards. Provided always, That fuch executor or executors, hall have the fame remedy against the adminiftrators, for the goods, chattels and credits remaining unadminiftered, as he, he or they might have had before the making of this act.

IX. And be it further enailed by the authority aforesaid Guardians or next That no action fhall be profecuted in confequence of this friends of infants, to give bond. act, by any infant, by his or her guardian or next friend, until fuch guardian or next friend fhall have executed and filed, in the office of the clerk of the court in which such action fhall be depending, a bond to the said infant, in such sum and with fuch furety, as the faid court fhall approve, conditioned, that fuch guardian or next friend fhall duly account to the faid infant, when he or she comes of age; or in cafe of his or her death, to his or her executors or adminiftrators, for all fuch money as fhall be received on account of fuch legacy.

I.

BE

CHA P. II.

An ACT concerning ftray Cattle and Sheep.

Paffed 5th January, 1789. E it enalled 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 every perfon who at any time hereafter, between the first day of November and the first day of April, in any year, fhall have any strayed neat cattle or sheep, upon his or her inclofed land, fhall within twenty days after the coming of fuch firayed neat cattle or sheep into his or her inclofed land, deliver unto the clerk of the city or town where fuch neat cattle or sheep fhall happen to be, a note in writing, containing their feveral ages, colours and marks, natural and artificial, as near as may be, together with his or her name and place of abode; and fuch clerk fhall, on receipt of every fuch note, make a full entry thereof at large in a book to be provided by him for that purpose; and fach clerk fhall have for making fuch entry the fum of Vol. IL Ee

fix-pence per head for all the neat cattle, and the fum of two-pence for each fheep fo entered as aforefaid, to be paid to him by the perfon delivering fuch note; and the perfon delivering fuch note, fhall have for doing the fame, nine-pence per head for all neat cattle, and two-pence for every fheep defcribed in fuch note, and may detain fuch cattle or sheep until the owner thereof fhall appear and pay the fame, together with the fum paid or due to the clerk for the faid entry, and all reafonable charges for keeping the fame cattle or sheep.

cattle and sheep are to be fold, if no owner appears, or if he

II. And be it further enacted by the authority aforefaid, When and how tray That if no owner fhall appear to claim the faid cattle or fheep, on or before the first day of May next after fuch enrefuls to pay expen- try fo made, or if the owner fhall refufe or neglect to pay for giving fuch notice, and making fuch entry, and keeping fuch cattle or fheep, then the poffeffor, or perfon who fhall have kept them and given fuch notice as aforefaid, is hereby authorifed to fell them at vendue to the highest bidder, first giving at least twenty days notice of the time and place of fuch fale, by advertisements to be put up at three of the moft public places in the city or town where the faid neat cattle or sheep lrave been kept; and out of the monies arifing by fuch fale, to retain in his or her hands, for his or her own ufe, the fums due as aforefaid for fuch notice, entry and keeping of the fame cattle or fheep; and fhall, upon demand, pay the refidue, after deducting the charges of fuch fale, to the owner of the fame cattle or fheep: But if the owner of fuch cattle or sheep fhall not appear and demand the fame money within one year next after fuch fale, he or she fhall be, and hereby is forever precluded and barred from recovering any part of the money arifing by fuch fale; and the fame money, after fuch deductions as aforefaid, fhall in fuch cafe be paid to the overfeers of the poor of fuch city or town, for the ufe of the poor thereof; and the receipt of the faid overfeers fhall be a legal difcharge to the poffeffor, or person who shall have kept fuch cattle or fheep; and if fuch poffeffor fhall not, within thirty days after the expiration of the faid year, pay the remaining money arifing by fuch fale, after the deductions aforefaid, to the overfeers of the poor of the place where fuch neat cattle or sheep were taken up and fold as aforefaid, he or he fhall forfeit double the fun fo remaining in his or her hands, for the use of the poor of the fame place; to be recovered over and above, and together with the faid remaining money, with cofts of fuit, by the overfeers of the poor of the fame place for the time being, by action of debt, bill, plaint or information, in any court having cognizance thereof.

cattle or fheep, not

their demand, and orfeit 205.

III. And be it further enacted by the authority aforefaid, Poffeffors of fray That every perfon who fhall at any time hereafter, begiving notice, lofe tween the first day of November and the first day of April, in any year, knowingly have any fuch neat cattle or fheep as aforefaid, on his or her inclofed land, or in his or her poffeffion, and do not acquaint the owner or owners therewith, or give the notice prefcribed by this act, within twenty days thereafter, fhall not only lofe any demand he or fhe might otherwife have for keeping and feeding the fame neat cattle or fheep, but fhall alfo forfeit to the owner thereof, the fum of twenty fhillings for every neglect; to be recovered before any justice of the peace in the county where fuch neglect fhall happen, with full cofts of fuit.

IV. And be it further enacted by the authority aforefaid, That the books to be provided and kept by the refpective clerks of each city and town as

aforefaid, fhall always by them be kept free and open for any perfon to fearch therein, and for which fearch no fee fhall be taken by fuch clerk, on penalty of forfeiting five fhillings for every offence, to be recovered by the party aggrieved, with cofts of fuit, before any justice of the peace in the county where the offence fhall be committed.

CHAP. III.

An ACT to prevent the odious Practice of digging up and removing, for the Purpofe of Diffection, dead Bodies interred in Cemeteries or Burial Places. Paffed 6th January, 1789.

HEREAS the digging up dead bodies, interred in cemeteries and

of diffection, has occafioned great difcontent to many of the inhabitants of this flate, and in fome inftances difturbed the public peace and tranquility: To prevent fuch odious practices in future,

any dead human body,

to be punished.

I. Be 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 any Perfons digging up perfon, who fhall at any time hereafter, for the purpofe of to dilect, or diffecting diffection, or with intent to diffect, dig up, remove or carry or aiding therein, how away, or be aiding or aflifting in digging up, removing or carrying away any dead human body, which fhall have been interred in any cemetery or burial place within this ftate, or fhall diffect, or aid, abet or affift in diffecting fuch human body, and shall be convicted of any of the faid offences in the fupreme court, or in any court of oyer and terminer, gaol delivery, or court of general feffions of the peace, fhall be adjudged to stand in the pillory, or to fuffer other corporal punishment, not extending to life or limb, and fhall alfo pay fuch fime, and fuffer fuch imprifonment as the court before whom fuch conviction was had, fhall in their difcretion think proper to direct.

execution, to be deli

diffection.

II. And in order that fcience may not in this refpect be injured by preventing the diffection of proper fubjects, Be it further enafied by the authority The bodies of cer- aforefaid, That the juftices of the fupreme court, or of any tain criminals after Court of oyer and terminer, or gaol delivery, in this ftate, vered to furgeons for from time to time, when any offender fhall be convicted before them, or either of them, of murder, arfon or burglary, for which he or she fhall be fentenced to fuffer death, may, at their difcretion, add to the judgment, that the body of fuch offender fhall be delivered to a furgeon for diflection; and the fheriff who is to caufe fuch fentence to be executed, fhall accordingly deliver the body of fuch offender, after execution done, to fuch furgeon as fuch court fhall direct, for the purpofe aforefaid. Provided always, That fuch furgeon, or fome other perfon by him appointed for the purpofe, fhall attend to receive and take away the dead body, at the time of the execution of fuch offender,

CHA P. IV.

An ACT to au hwife the Judices of the Supreme Court to appoint the Phica of holding the Circuit Courts within the Cities and Counties of Ne-York and Albany. Paffed 16th January, 789. entitled, An act for regulating trials of iflues, and returning able and fufficient

# 9th Seff. Ch.

WHEREAS by an act,

jurors, paffed the 19th April, 1786, it is made neceflary for the circuit comes

to be held at the court-houfe, if any there be, of the refpective counties within this ftate; which provifion hath been found inconvenient, fo far as the fame respects the cities and counties of New-York and Albany: Therefore,

Be it enadled 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 the circuit courts which fhall hereafter be appointed in pursuance of the act aforefaid, to be held in the city and county of New-York, or in the city and county of Albany, fhall be held at fuch place within the fame refpectively, as the fupreme court at the time of appointing the faid circuit courts, shall for that purpofe direct; any thing in the faid act to the contrary notwith standing.

W

CHAP. X.

$11th feff. ch. 92. An ACT fupplementary to the All, entitled, ‡- An A& for giving Relief in cafes of Infalvency. Pafted 27th January, 1989. HEREAS by the laws in being within this state, executors or adminiftrators have no authority to become petitioning creditors for any infolvent debtor, nor to confent to his discharge, unless at their own rifque, whereby it may frequently happen that the eftates of their teftator or inteftate may be injured: therefore,

,

Be it enacted by the people of the fate of New-York, reprefented in fenate " and assembly, and it is hereby enacted by the authority of the fame, That in all cafes where executors or adminiftrators think it would be proper for them to become petitioning creditors for any infolvent debtor, in the manner prescribed in and by the act, entitled, An act for giving relief in cafes of infolvency, fuch executors or adminiftrators may prefent a petition to the chancellor of this ftate for the time being, ftating the reafons which induce them to think it advifable for them refpectively to become petitioning cre ditors as aforefaid, whereupon the faid chancellor fhall and may, as foon as he fhall deem it convenient, examine the allegations and reasons contained in fuch petition, in a fummary manner; and if he shall thereupon be of opinion, that it will not be difadvantageous to the perfons interested in the per fonal eftate of fuch teftator or inteftate, that the faid executors or adminifrators fhould become petitioning creditors as aforefaid; then, and in every fuch cafe, he fhall caufe an entry of fuch opinion to be made in the minutes of the court of chancery; and thereupon the faid executors or adminiftrators fhall be fully authorised to become petitioning creditors as aforefaid, and fhall be only chargeable with fuch fum or fums of money as fhall come to their hands from the eftate of the infolvent; any law, ufage or cuftom to the contrary notwithstanding.

CHAP. XI,

ACT to erca Part of the County of Montgomery into a feparate County by the Name of Ontario vi

W

Paffed 27th January, 1789. WHEREAS the county of Montgomery is fo extenfive, as to be in convenient to those who now are, or may hereafter fettle in the western part of that county: Therefore,

Altered, 14th feff. ch. 10.

to be held in Ontario county.

I.. Be 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 all that part of the county of Montgomery, which lies to the weftward of a line to be drawn due north to lake Ontario, from the mile flone or monument marked eighty-two, and flanding in the line of divifion between this ftate and the commonwealth of Pennfylvania, fhall be one feparate and distinct county, and be called and known by the name of Ontario, II. And be it further enalled by the authority aforefaid, The courts where That there fhall be held in and for the faid county of Ontario, a court of general feflions of the peace, and a court of common pleas, at fuch fuitable and convenient place within the faid county, as fuch judges of the court of common pleas, and fuch juftices of the court of feffions, as fhall be appointed for the faid coun ty, or a majority of them may direct; and that there be in the faid county, two terms in every year, to commence and end on the days following, viz. The firft term to commence on the firft Tuesday in June, and to end on the Saturday following; and the fecond term to commence on the fist Tuesday in November, and to end on the Saturday in the fame week; provided that in any of the faid terms the court may adjourn previous to the day above limited for the termination thereof, if the bufinefs of the courtwill permit; and that the first court of general feffions of the peace and firstcourt of common pleas in the faid county, fhall be held on the first Tuefda y in November next.

Ontario fhall be di

III. And be it further enacted by the authority afirefaid, How the county of That until other legiflative provifion fhall be made in the vided into diftricts. premifes, it fhall and may be lawful, to and for the juflices of the court of feffions for the faid county of Ontario, of a majority of them at any general feffion, or at any special feffion to be held for the purpofe, and they are hereby authorifed, to divide the faidi county into two or more diftricts, as they hall deem expedient and convenient to the inhabitants; and that the faid juftices at any fuch feffion as aforefaid, fhall fix and direct the place or places in each of the districts fo to be: made, at which the first meetings for electing town officers fhall be held; and all future meetings in any district shall be held at fuch place as a majority of the inhabitants thereof fhall, by open vote at any town meeting, appoint.

Rights of the free tants in the diftricts.

holders and inhabi

IV. And be it further enacted by the authority aforesaid, That the freeholders and inhabitants of the faid county, and of every fuch diftrict therein, fhall be, and they hereby are declared entitled to all the rights, privileges and immunities which the inhabitants within any other county, district or town within this ftate are, or may be entitled to by the conftitution and laws of^ this flate,

to be held.

[The 5th fection of this act is obfolete.]

VI. And be it further enacted by the authority aforefaid, low elections are That all diftrict or town meetings to be held in the faid. Toth feff. ch. 15. County of Ontario, for the purpose of electing ftate officers, fhall be held and conducted in the manner directed by the act entitled, ‡ An act for regulating elections, paffed the 13th February, 1787. That all diftrict or town meetings to be held in the faid county, for the purpofe of electing diftric or town officers, fhall be held in the manner directed by the aft,