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against whom such information or informations is or are to be exhibited, with sufficient fecuiry, in the penalty of twenty pounds, that he, she or they will effectually profecute such information or informations, and abide by and observe tuch orders as the said court shall direct (which recognizance any one of the judges of the said supreme court is empowered to take) and after the taking and receipt whereof, the clerk of the said court fhall make an entry thereof upon record, and shall file a memorandum in fome public place in his office, that all persons may resort 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 fame might be tried) next after iflue joined therein, procure the fame 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 profequi to be entered, then, in any of the said cases, the faid supreme court is hereby authorised to award to the said defendant or de fendants, his or their costs, unless the judge before whoin 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 fame. 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 faid defendant or defendants, the said costs, then the said defendant or defendants shall have the benefit of the said recognizance, to compelthem thereunto.

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снА Р. Х. An ACT for the more cfcanal Discovery of the Death of Persons be;ond Sea, or abjenting themjelves, upon whoje Lires Llares do depend.

Pafled 6th February, 1788. THEREAS divers persons have eftates for one or more life or lives.

or for one or more year or years, determinable upon one or more life or lives; and it hath often happened, that such person of persons, for whose life or lives such eitates are held, have gone beyond sea, or so absent. , ed themselves for many years, that the leflors, reversioners, or persons in remainder, cannot find out whether such person or persons be alive or dead; Therefore,

I. Be it enailed by the people of the fate of New-York, represented in jemate and'assembly, and it is hereby enacted by the authority of the same, 'That if

such person or personis, for whose life or lives such estates lives eRates depend, have been, or Thall be granted or held as aforesaid, Mall rebeing able for det en main beyond fea, or absent himself, herself or themselves in

this state, or elsewhere, by the space of seven years toge

ther, 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 fuch tenements, by the lessors or rever. sioners, 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 leffors or reversioners, or other person or persons entitled to the same, upon

Persons upon

whore

dead.

the death of fuch person or persons, and their heirs or assigns, the judges before whom fuch action shall be brought, fhall direct the jury to give their verdict as if the person or persons so remaining beyond sea, or otherwise abfenting himself, herself or themselves, were dead.

11. Provided always, and be it further enetled by the ciuPerfmsevifted that thorily aforesaid, That if any person or persons Piall be fach abfent person is evicted out of any lands or tenements, by virtue of this act, living,

and afterwards, if the person or persons upon whose life or lives fuch 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 fame, 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 lefsee who was ousted of the same, his, her or their executors, adminiftrators or assigns, shall or may re-enter, reposless, have, hold and enjoy the said lands or tenements, in his, her or their former eflate, for and during the life or lives, or so long a term as the said person or persons upon whole life or lives the said eftate or eflates depend, Ihall be living; and also shall, upon an action or actions, to be brought by him, her or them, against the leffors, reversioners or tenants in poffeflion, or other persons refpectively, which since the time of such eviction received the profits of the faid lands or tenements, recover for damages the full profits of the faid lands or tenements, respectively, for and from the time that he, she or they were oufted 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 tenements, 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 perfons were then living.

II. And whereas 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 faid particular estates or interests ; and whereas the proof of the death of the persons on whofe 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 fuch fraudulent practices in future, Be it further

Per fons claimingel- cnaffed by the authority aforesaid, That any person or pertates in remainder, sons who hath or have, or shall have any claim or demand of an is:tant, married in or to any remainder, reversion or expectancy in or to vir that he hath acadie any estate, after the death of any person within age, mai

believe that fuch ried woman, or any other person or persons whatsoever, infant, &c. is dead, may apply to the upon affidavit made in the court of chancery in this flate, chancellor. by the person or persons fo claiming such estates, of his, her or their title, and that he, she or they hath or have cause to believe that 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 ariv other person or persons, shall and may once a year, if the person or perforis aggrieved shall think fit, move the chancellor for the time being, to order, and he is hereby authorised and required to order such guardian, trustee, hul. band, or other person or persons concealing or suspected to conceal such perfon or perfons, 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 due

Service of such order, to produce and shew to such person or persons (not ex. ceeding two) as shall, in luch order, be named by the party or parties pro. fecuting fuch order, such infant, married woman, or other person or persons aforesaid ; and if such guardian, truftee, husband, or such other person or persons as aforesaid, shall refuse or neglect to produce or shew such infant, inarried woman, or such other person or persons, on whose life or lives any such eflate doth or shall depend, according to the directions of the said order, that then the faid court of chancery is hereby authorised and required to order such guardian, trufee, husband, or other person or persons, to produce such infant, married woman, or other person or persons so concealed, in the faid court of chancery, or otherwise before commillioners to be appointed by the faid court, at such time and place as the court sħall direct; two of which commilioners shall be nominated by the party or parties profecuting such or, der, at his, her or their costs and charges; and in cafe fuch guardian, trustee, husband, or other person or persons, Thall refuse or neglect to produce such istant, married woman, or other person or persons to 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 faid cafes, the said infant, married woman, or such other person or persons so çoncealed, Inall 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 perfon or persons fo concealed as aforesaid, to enter upon such lands, tenements and hereditaments, as if such infant, married woman, or other person or per, fons fo concealed were actually dead.

IV. And be il further enabled by the authority aforesaid, on affidavit, that. That if it shall appear to the said court, by affidavit

, that lea, or out of this such infant, married woman, or other person or persons, Prend per fins to view for whose life or lives, such estate is holden, is or are, or

lately was or were, at some certain place or places, beyond fea, or elewhere out of this state, in the said affidavit to be mentioned, it shall and may be lawful for the party or parties profecuting such order as aforesaid, at his, lier or their costs and charges, to lend 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 fuch guardian, trustee, husband, or other person or perfons, concealing or suspected to conceal such person or persons as aforesaid, on whose life or lives any such eftate doth or shall depend, sall refuse or neglect to produce, or procure to be produced, to such person or persons appointed by the faid order, a personal view of such infant, married woman, or other person 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 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 infint, married woman, or other person or persons, for whose lite or lives any such estate is or Niall be holden, to enter upon such lands, tencnents and hereditaments, as if such infant, married woman, or other per

fuch intant, Sec.

fon or per fons, for whose life or lives any such estate is of shall be holden, were actually dead.

V. Provided aluays, and be it further enabled by the authority aforesaid, That if it shall afterwards appear, upon proof in any action to be broughits that such infint, married woman, or other person or persons, for whole 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, truftee, or other person or persons, having any estate or interelt determinable upon such life or lives, to re-enter upon the said lands, tenements or hereditaments, and for such infant, married woman, or other perfon or perfons, having any estate or interest deterininable upon such life or lives, his, her or their executors, administrators or asligns, to maintain any action or actions against those who, fince the said order, received the profils of such lands, tenements or hereditaments, or their executors or adminiilrators, and therein to recover full damages for the profits of the fame received, from the tiine that such infant, married woman, or other person or persons, having any estate or interest determinable upon such life or lives, were ouited of the possession of such lands, tenements or hereditaments.

VI. Provided also, and be it further eraelcd by the authority aforelai, That If any such guardian, truftee, husband, or other person or persons, holding or having any estate or interett determinable upon the life or lives of any other person or persons, Ihall, by affidavit, or otherwise, to the satisfaction of the faid 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 fall depend, to appear in the faid court of chancery, or elsewhere, according to the order of the said court in that behalf inade, and that he, she or they cannot procure or compel such infant, married woman, or other person or perfons, so to appear, and that fuch 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 ; then it shall be lawful for such person or persons to continue in the poflettion of such estate, and receive the rents and profits thereof for and during the irifancy of such infant, and the life or lives of such married woman, or other person or persons, on whole life or lives such estate or interest doth or shall depend, as fully as he, she or they might have done if this act had not been made.

VII. And be it further enacted by the authority aforesaid, Guardians &c. hold. That every person, who, as guardian or trustee for an intermination of life of fant, and every husband leised in right of his wise only, and infant, &c. adjudged trespasters;

every other person having an estate determinable upon any

life or lives, who, after the determination of such particular estates or interests, without the express consent 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 pofleffion of any messages, lands, tenements or hereditaments, shall be, and are hereby And per fonsentitled adjudged to be trespatlers; and that all and every person to recover damages. and persons, his, her and their executors and adminiftrators, who are or shall be entitled to fuch mesluages, lands, tenements or hereditaments, upon or after the determination of such particular estates or interests, Mall and may recover in damages against every such person or perSons fo holding over as aforesaid, and againit his, her or their executors or administrators, the full value of the profits received during such wrongful poffeffion as aforesaid.

С НА Р. XI. An ACT for rendering the Proceedings upon lits of Mandamus and Infirmations, in the nature of Quo lurran!0, more fjeedy and effe&tuul.

Palled 6th February, 1788, I. E it cnailed by the people of the ftate of New-York, represenied in fenate

and afemily, and it is hereby enačied by the authority of the fame, 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 inake a return to such writ of mandamus, such person or persons shall make his or their return to the firft writ of mandamus.

II. And be it further enacted by the authority aforesaid, That from and after the palling of this act, as often as any writ of mandamus Thall 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 prosecuting 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 iflue 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 fame in such place as an issue joined in such action on the cafe 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 diçit, 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 aforefaid; and such damages and costs Thall and may be levied by fieri facias, or capias ad fatisfaciendum, as in other cases, and a peremptory mandamus shall be granted 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 cafe 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 aforefaid.

III. Provided always, and be it further enacted by the authority aforesaid, That if any damages 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 not be liable to be fued in any other action or suit, for the making such return; any law, usage or custom to the contrary thereof notwithstanding

IV. And be it further enacled by the authority aforesaid, That in case any person or persons shall ufurp, intrude into, or unlawfully hold and execute 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 fupreme court, to exhibit one or more information or informations, in the nature of a quo warranto, at the relation of any person or persons defiring to fue or prosecute the fame, who shall be mentioned in such information or informations, to be the relator or relators, against such person or persons fo ufurping, intruding into, or unlawfully holding and executing, any fuch office or franchile, 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 fame office or franchise, may properly be determined on one information, it shall and may

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