be lawful for the faid fupreme court, to give leave to exhibit one fuch infor mation against several perfons, in order to try their refpective rights to fuch office or franchife; and fuch perfon or perfons againft whom fuch information or informations, in the nature of a quo warranto, fhall be fued or profecuted, fhall appear and plead as of the fame term in which the faid information or informations fhall be filed, unless the faid fupreme court fhall give further time to fuch perfon or perfons, against whom fuch information or informations shall be exhibited, to plead; and fuch perfon or perfons who fhall fue or profecute fuch information or informations, in the nature of a quo warranto, fhall proceed thereupon with the moft convenient speed that may be; any law or ufage to the contrary thereof notwithstanding,

to be given against

V. And be it further exacted by the authority aforefaid, Judgment of oufter That in cafe any perfon or perfons against whom any inperfons found guilty formation or informations, in the nature of a quo warran of ufurpation, &c. to, fhall, in any of the faid cafes, be exhibited in the faid fupreme court, fhall be found or adjudged guilty of an ufurpation or intrufion into, or unlawfully holding and executing, any of the faid offices or franchises, it fhall and may be lawful to and for the faid fupreme court, as well to give judgment of oufter, against fuch perfon or perfons, of and from any of the faid offices or franchifes, as to fine fuch perfon or perfons refpectively, for his or their ufurping, intruding into, or unlawfully holding and executing any fuch office or franchife; and alfo to give judgment, that the relator or relators, in fuch information named, fhall recover his or their cofts of fuch profecution; and if judgment fhall be given for the defendant or defendants, in fuch information, he or they for whom fuch judgment fhall be given, fhall recover his or their cofts therein expended, against fuch relator or relators; fuch costs to be levied in manner aforesaid.

VI. And be it further enacted by the authority aforesaid, That it fhall and may be lawful to and for the faid fupreme court, to allow to fuch perfon or perfons refpectively, to whom any writ of mandamus fhall be directed, or against whom any information, in the nature of a quo warranto, in any of the cafes aforefaid, fhall be fued or profecuted, or to the perfon or per fons who fhall fue or profecute the fame, fuch convenient time respectively to make a return, plead, reply, rejoin or demur, as to the faid fupreme court fhall feem juft and reasonable; any thing herein contained to the contrary thereof in any wife notwithstanding,

I.

С НА Р. XII.

An ACT concerning Idiots, Lunaticks, and Lafant Trustees. Paffed 6th February, 1788. 1. E it enacted by the people of the fate of New-York, represented in fenate That the chancellor for the time being, fhall have the care, and provide for the fafe keeping of all idiots, and of their lands and tenements, goods and chattels; and that they may live and be competently maintained by and out of their goods and chattels, and the profits of their lands and tenements refpectively; and that no waste or deftruction of their lands or tenements be done or permitted. And fuch lands and tenements fhall in no wife be aliened, but fhall, upon the death of fuch idiot, defcend and go to his heirs, and the refidue of the faid goods, chattels and profits, if there be any, fhall go to and be diftributed according to law, among the next of kin of fuch idiot,

Vol. II.

D

II. And be it further enacted by the authority aforesaid, That the chancellor for the time being, fhall have the care, and provide for the fafe keeping of all lunatics and of their lands and tenements, and goods and chattels ; and that they and their houthold, if they have any, may live and be competently maintained by and out of their goods and chattels, and the profits of their lands and tenements refpectively. And that no wafte or deftruction of their lands or tenements be done or permitted. And fuch lands and tenements fhall in no wise be aliened, but fhall, together with the refidue of the goods, chattels and profits, if there be any, be reftored to fuch lunatic, if he comes to his right mind; and if he dies in his lunacy, his lands and tenements fhall defcend and go to his heirs, and the refidue of the faid goods, chattels and profits, fhall go to, and be diftributed according to law, among the next of kin of fuch lunatic.

of the court of chan.

III. And whereas many inconveniences do and may arife, by reason that perfons under the age of twenty-one years, having estates in lands, tenements or hereditaments, only in truft for others, or by way of mortgage, cannot (though by the direction of the ceftui que truft, or mortgagor) convey any fure eftate in any fuch lands, tenements or hereditaments to any other perfon or perfons; For remedy whereof, Be it further enacted by the authority Infant truftees, &c. aforesaid, That it fhall and may be lawful to and for any may, by the direction fuch perfon, under the age of twenty-one years, by the cery, convey lands, &c. direction of the court of chancery, fignified by an order made upon hearing all parties concerned, on the petition of the perfon or perfons for whom fuch infant or infants fhall be fcifed or poffefied in truft, or of the mortgagor or mortgagors, or guardian or guardians of such infant or infants, or perfon or perfons entitled to the monies fecured by or upon any lands, tenements or hereditaments, whereof any infant or infants are or fhall be feifed or poffeffed by way of mortgage, or of the perfon or perfons entitled to the redemption thereof, to convey and affure any fuch lands, tenements or hereditaments, in fuch manner as the faid court of chancery fhall, by fuch order fo to be obtained, direct, to any other perfon or perfons; and fuch conveyance or affurance fo to be had and made as aforefaid, fhall be as good and effectual in law, to all intents and purpofes whatsoever, as if the faid infant or infants were, at the time of making fuch conveyance or affurance, of the full age of twenty-one years; any law, ufage or cuftom to the contrary notwithstanding.

pelled to make fuch

IV. And be it further enacted by the authority aforefaid, Infants may be com- That all and every such infant and infants, being only trustee conveyances. or trustees, mortgagee or mortgagees as aforefaid, fhall and may be compelled, by fuch order, fo as aforefaid to be obtained, to make fuch conveyance or conveyances, affurance or affurances as aforefaid, in like manner as trustees or mortgagees of full age, are compellable to convey or affign their truft-eftates or mortgages.

I.

СНА Р. XIII

An ACT concerning Apprentices and Servants.

Paffed 6th February, 1788.

E it enacled by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame That no mafter or miftrefs, or other perfon or perfons, fhall, after the pafling of this act, compel or cause any apprentice or journeyman, by oath or bond

heretofore made, or hereafter to be made, or otherwife, that he or fhe, after his or her apprenticeship or term expired, fhall not fet up, keep or occupy any fhop, houfe or cellar, and therein ufe or exercife fuch his or her faid art, craft, myftery, profeflion, trade, employment, or manual occupation, nor by any means exact or take of any such apprentice, or any journeyman, nor any other, fetting up, occupying, ufing or exercifing, for him or themfelves, nor of any other perfons for them, after his or their faid years or term expired, any fum of money, or other thing whatsoever, for using or exercifing the fame, upon pain to forfeit, for every time that they or any of them fhall offend contrary to this act, the fum of forty pounds; the one half thereof to the people of this ftate, and the other half to fuch perfon or perfons as will fue for the fame; to be recovered, with cofls of fuit, by action of debt, bill, plaint or information, in any court of record having cognizance thereof: And that all and every bond, or other fecurity given or entered into, contrary to the true intent and meaning of this act, fhall be void,

Apprentices may be

II. And whereas doubts have arifen, whether any perfon within the age of twenty-one years, and bounden to ferve as a clerk, apprentice or fervant, fhall be holden, accepted and taken as a clerk, apprentice or fervant; For removing fuch doubts, Be it further enacted by the authority aforefaid, That all and every fuch perfon or perfons, that at any time cz bound to ferve until times hereafter, fhall be bounden by indenture, of his or the age of 21 years. her own free will and accord, and by and with the confent of his or her father, or in cafe of the death of his or her father, by and with the confent of his or her mother or guardian, to be expreffed in fuch indenture, and fignified by fuch parent or guardian fealing and figning the fame indenture, and not otherwife, or by the juftices and overfcers of the poor, as is herein after directed and prefcribed, to ferve as a clerk, apprentice or fervant, in any art, craft, mystery, krience, profession, trade, employment, manual occupation or labour, in manner and form aforefaid, until he or fhe fhall be of the age of twenty-one years, or for any fhorter time, although the fame clerk, apprentice or fervant fhall be within the age of twenty-one years, at the time of the making of his or her indenture, fhall be bounden to ferve for the years or term in his or her indentures contained, as amply and largely, to every intent, as if the fame clerk, apprentice or fervant was of full age at the time of making fuch indenture; any law, ufage or cultom to But no Indian child the contrary notwithstanding, Provided always, That any without confent of a child of any Indian woman, fhall not be fo bound or indented as aforefaid, except in the prefence and with the confent of a juftice of the peace; a certificate of fuch confent being allo figned by the juftice, and filed with the clerk of the town or place in which fuch indenture fhall be executed.

justice.

with confent of juf

III. And be it further enacted by the authority aforefaid, Overfeersofthe poor, That it fall and may be lawful for the overfeers of the tices, may bind poor poor of any city or town within this ftate, by and with the children apprentices. Confent of the juftices of the peace of the fame county, or any two of them, refiding in or near fuch town, or in the cities of NewYork, Albany and Hudson, by and with the confent of the mayor, recorder and aldermen, or any two of them, to bind out any child who is or fhall be chargeable, or whofe parents are or fhall become chargeable, to the city or town wherein they refpectively inhabit, or who fhall beg for alms, to be apprentices or fervants, according to their degree and ability, where they fhall fee convenient, until fuch child or children, if male, fhall refpectively ar

Males until 21.

Females until 18.

rive or come to the age of twenty-one years, and if female, to the age of eighteen years; and that the indentures or articles of agreement for binding any fuch infant, fhall be as effectual, to all intents and purpofes, as if fuch infant were of full age, aid by indenture of covenant bound him or herself.

vants reinfing to d

of correction.

IV. and be it further enacted by the authority aforefaid, Apprentices or fer- That if any perfon who fhall bind him or herself by and their duty, may be With the content of his or her parent, or other guardian as committedtothe houte aforefaid, or who shall be bound by the overicers of the poor and juilices, or mayor or recorder and aldermen, or any two of them as atorefaid, to ferve as an apprentice or fervant in the manner in this act above directed and prescribed, fhall refufe fo to do, that then, upon complaint of the mafter or miftrefs, to whom fuch apprentice or fervant is or fhall be bound as aforefaid, to one juflice of the peace of the county wherein the faid refufal is or fhall be made, or to the mayor or recorder, or any one of the aldermen of any city, if any fuch refutal fhall be there, they, and each of them thall have full power and authority by this act, by warrant under hand and feal, or otherwife, to fend for the fame perfon fo refufing, and the faid juflice, or the faid mayor or recorder, or alderman refpectively, fhall have power and authority by virtue of this act, if the faid perfon refute to ferve as an apprentice or fervant, to commit him or her unto ward in the bridewell, or houfe of correction, if any there be, or if there be no bridewell, or house of correction, in the gaol of the city or county wherein fuch refufal fhall take place, there to remain until he or she be contented, and will ferve as an apprentice or fervant fhould ferve, according to the true intent and meaning of this act. And to the end that the time of the continuance of the fervice of fuch apprentice or Age of an appren- fervant may the more plainly and certainly appear, the imentioned in the in age of every fuch infant fo to be bound apprentice or fervant, fhall be mentioned and inferted in his or her indentures. And where the binding is by the overfeers of the poor, by and with the confent of two juftices of the peace, or mayor, recorder and aldermen as aforefaid, the fame juftices of the peace, or mayors, recorders and aldermen fhall, as fully as they can, inform themselves of fuch infant's age, and from fuch information fhall infert the fame in the faid indentures; and the age of fuch infant fo inferted and mentioned in the faid indentures (in relation to the continuance of his or her fervice) fhall be taken to be his or her true age, without any further proof thereof.

tice or fervant to be

dentures.

with any clerk or

tioned in the inden

tures.

V. And be it further enacted by the authority aforesaid, The money paid That all and every fum and fums of money which shall be apprentice to be inen given, paid, contracted or agreed for, with, or in relation to every clerk or apprentice, which fhall, after the pafling of this act, be put or placed to or with any master or mistress, to learn any art, craft, mystery, fcience, profeffion, trade, employment, or manual occupation, fhall be inferted in the indentures fo to be executed by fuch clerk or apprentice as aforefaid,

VI. And be it further enacted by the authority aforesaid, That all indentures, covenants, promifes and bargains of or for the having, taking or keeping of any clerk or apprentice, hereafter to be made or taken, otherwife than is by this act limited, ordained and appointed, fhall be clearly void in law, to all intents and purposes, as againft fuch clerk or apprentice only. VII. And be it further enacted by the authority aforesaid, That no deed, contract, agreement or writing whatfoever, made or to be made for bind

ing any perfon as a clerk, apprentice or fervant, as aforefaid, after the paffing of this act, fhall be deemed or adjudged to be void, and of no effect, by reafon, or on account of such deed, contract, agreement or writing, not being indented only.

VIII. And whereas the emigration of poor perfons from Europe hath conduced greatly to the fettlement of this ftate, while a colony: And whereas doubts have arifen tending to the discouragement of further importations of fuch poor perfons: Therefore, Be it further enacted by the authority forc faid, That every contract already made, or hereafier to be made, by any infant, or other perfon coming from beyond fea, executed in the prefence of two witneffes, and acknowledged by the fervant before any mayor, recorder, alderman or juftice of the peace, fhall bind the party entering into the fame for fuch term, and for fuch fervices, as fhall be therein specified; And that every affignment of the fame executed before two credible fubfcribing witnefles, fhall be effectual to transfer the fame contract for the residue of the term therein mentioned: But that no contract fhall bind any infant longer than until his or her arrival to the full age of twenno longer than until ty one years; excepting fuch as are or fhall be bound in 41, except per fous for order to raise money for the payment of their paflages, may be bound until who may be bound until the age of twenty-four years, provided the term of fuch fervice fhall not exceed our years in the whole.

Infant to be bound

their pallages, who

24.

*c. and matters, may

complaint against each other.

IX. And be it further enacted by the authority aforefaid, How apprentices, That if any mafter or miftrefs fhall be guilty of any mibe relieved in cafes of ufage, refufal of neceffary provifions or clothing, cruelty, or other ill treatment, fo that his or her faid clerk, apprentice or fervant, fhall have any just caufe to complain, or the faid clerk, apprentice or fervant be guilty of any misdemeanor, mifcarriage, or ill behaviour, or do not his or her duty to his or her mafter or mistress; then the faid mafler or mistress, or the faid clerk, apprentice or fervant, being aggrieved, and having juft caufe of complaint, fhall repair unto one juftice of the peace within the county, or to the mayor or recorder, or any one of the aldermen of the city, where the faid mafter or miftrefs dwelleth, who fhall, by his wifdom and discretion, take fuch order and direction between the faid mafter or miftre's and his or her clerk, apprentice or fervant, as the equity of the caufe fhall require; and if for want of a good conformity in the faid mafter or miftrefs, or clerk, apprentice or fervant, the faid juftice of the peace, or mayor, recorder or alderman, cannot compound or agree the inatter between fuch mafter or mistress and his or her clerk, apprentice or fervant, then the faid juftice, or the faid mayor or recorder, or alderman, fhall take a recognizance of the faid mafter or mifreis, in fuch fum as he fhall think proper, to appear at the next general feffions of the peace, then to be holden in the faid county or city, where the faid ma ter or mistress doth refide, and upon his or her appearance and hearing of the matter before the juftices at the faid general fellions of the peace, if it be thought meet unto them to discharge the faid clerk, apprentice or fervant, of his or her clerkship, apprenticeship or fervice; that then the faid juflices, or three of them at the leaft, fhall have power by virtue of this act, by rule or order of the faid court, to discharge the faid clerk, apprentice or feivant, of his or her clerkship, apprenticeship or fervice, and to order all fuch part of fuch fum and fums of money as fhall have been given, paid, contracted or agreed for, with or in relation to every fuch cleik, apprentice or fervant, as