and fine in

value thereof, shall not be entitled to above two pence damages, nor to Damages any costs of suit; nor shall the defendant in such action or prosecution such cases be fined above one shilling.

to be nom.

inal.

cases to lie

and not

officer.

collector

without

And be it further enacted by the authority aforesaid That if any goods Burden of wares or merchandize shall be seized for non payment of duties, or any proof in all other cause of forfeiture, and any dispute shall arise whether the cus- on the toms or duties have been paid or secured to be paid for the same, or claimer the same have been lawfully imported or condemned, or concerning the on the place from whence such goods wares or merchandize were brought, or concerning the property thereof, then and in such cases the proof thereof shall lie on the owner or claimer of such goods wares or merchandize, and not on the officer who shall seize or stop such goods. And be it further enacted by the authority aforesaid. That upon infor- Proceedmation made by the collector or any other officer of the customs, and ings where upon oath made by such officer that he hath probable cause to suspect suspects goods to and doth really suspect that any person or persons have landed removed have been or reshipped any goods wares or merchandise, or caused the same to be landed done without due entry thereof made, or without having paid or secured payment of duty. to be paid the duties thereon, contrary to the true intent and meaning of this act, it shall and may be lawful for the chancellor, the judges of the Supreme court, the mayors recorders or any of the aldermen of the cities of New York or Albany, or the justices of the peace of any of the connties in this State, or any or either of them, to whom such information on oath shall be given as aforesaid, to issue a warrant under his hand and seal, directed to the marshal of the Court of Admiralty, or to the sheriff of the county where the offence shall have been committed, or to the sheriff of the county next adjoining thereto, and who are hereby respectively authorized and required to execute such warrant, thereby commanding the said marshal and sheriff, or any of them, to enter into any house outhouse or other building or enclosure in the day time, where such goods wares or merchandize are suspected to be deposited or concealed; and in case of resistance, or after demand and refusal to open such house, outhouse or other building or enclosure, or where such house outhouse or other building or enclosure shall be uninhabited, to break open such house outhouse or other building or enclosure, and to seize and secure the said goods wares and merchandize so deposited or concealed; and all officers and ministers of justice are No house hereby required to aid and assist therein. Provided always that no tered after house shall be entered by virtue of this act act unless it be within one one month month after the offence supposed to have been committed. And be it further enacted by the authority aforesaid That the marshal Marshal and sheriff, and every of them, having received such warrant as aforesaid, are hereby authorized and enabled to go and enter on board of rant, may any ship or vessel, and from thence to bring on shore into the store or on shipware houses provided for the purpose, any goods wares or merchandize, convey liable to seizure by this act; and that where the said marshall sheriff or them to collector shall in the due execution of their office be by any person or houses; persons resisted, obstructed, abused, assaulted, beatten or wounded, penalty for assaulting either on board of any ship or vessel, or upon land or water, all and officer. every such person or persons so offending, shall forfeit and pay to the people of this State, the sum of two hundred pounds, together with costs. And be it further enacted by the authority aforesaid, That in case of the Collector seizure of any such goods wares or merchandize as aforesaid, the said collector shall from time to time procure and provide good and sufficient houses for store or ware houses, for the purpose of depositing and securing the said goods, at the public expence.

VOL. 2. 3

to be en

from time of offence.

and sheriff with war

seize goods

board and

ware

to procure

ware

storage of goods

seized.

Officer

seizing

goods to

receipt

therefor;

collector to have

custody of goods. Goods seized, to

admiralty;

And be it further enacted by the authority aforesaid, That the marshal or sheriff who shall seize the said goods wares and merchandize as aforesaid, shall give his receipt for the same, expressing the particular packages, marks and numbers; and that all such goods wares and merchandize shall remain in custody of the collector, until the order of the court of admiralty.

And be it further enacted by the authority aforesaid, That the said goods be libelled wares and merchandize so seized as aforesaid, shall within ten days after in court of seizure be libelled in the court of admiralty; and that the informant persons shall enter into a bond or recognizance with one sufficient surety, in the other than sum of one hundred pounds with a condition to prosecute the same to prosecut judgment or condemnation. Provided always that such bond or recogniing to give bonds. zance shall not be entered into or deemed requisite, where the collector or any other officer of the customs is the informant.

officers

Penalty for conceal

ing dutiable goods.

Penalties, how disposed of; how enforced.

Goods con

be sold at

And be it further enacted by the authority aforesaid, That if any person or persons shall knowingly harbour keep conceal or buy, any goods wares or merchandize liable to seizure by this act, such person or persons shall forfeit and pay double the value of the said goods wares or merchandize.

And be it further enacted by the authority aforesaid, That the one half of all the forfeitures and penalties mentioned in this act shall be to the use of the people of this State, and the other half to him or them that shall inform and sue for the same, after deducting all necessary costs and charges; to be recovered by bill plaint or information in any court of record in this State, except such forfeitures and penalties as are by this act otherwise particularly mentioned to be recovered or appropriated.

And be it further enacted by the authority aforesaid, That the collector demned to after condemnation of any goods wares or merchandize, so seized as public auc- aforesaid, shall and may cause the same to be sold at public auction to the highest bidder, at such place as the said collector shall deem proper, giving at least fourteen days previous notice of such sale, in two of the public news papers of this State.

tion.

Vessels

And be it further enacted by the authority aforesaid, That any ship or Doveniat vessel driven into port by distress may continue in port as long as may tress, priv- be necessary to refit, without being compelled to an entry at the custom ileges of. house or the payment of office fees, other than the payment of the sum allowed for the attendance of the land and tide waiters on board of the said ship or vessel, during the continuance of the said ship or vessel respectively in any of the ports of this State. And that the master of such ship or vessel may land and sell under the direction of the wardens of the port, into which such ship or vessel may be driven, as great a part of the cargo of the said ship or vessel as may be necessary to procure provisions, and to pay the expences of repairs, and other necessary charges.

Former act

imposing repealed; bonds

formerly

prosecuted to effect when due.

And be it further enacted by the authority aforesaid, That the act entitled "An act imposing duties on the importation of certain goods wares and merchandize," passsed the 22d day of March last shall be and is given to be hereby repealed, and that the collector shall prosecute to effect such bonds taken for duties as directed in and by the said act, and which are not yet due, immediately after they shall respectively become due; and that if the said collector shall neglect to do the same, he shall be deemed to have received the monies due on such bonds, and be accountable for the same to the people of this State, as if he had actually recovered the same; and that all suits informations or prosecutions already commenced, or which may be commenced for any forfeiture or penalty

incurred by force of the said act may be continued and prosecuted in the same manner as in and by the said act is directed and provided.

custom

And be it further enacted by the authority aforesaid That the present Present collector and all the other officers of the customs shall hold and exer- Officers to cise their respective offices until they shall be reappointed, or until other hold office persons shall be appointed and duly qualified to exercise the said offices successors respectively.

until their

are appointed.

CHAP. S.

AN ACT to empower Fernandus Suydam Elizabeth Debeavois and John Van Der Bilt, administrators with the will annexed to Jacobus Debeavois deceased, to execute the trust and power given to the executors in the said will named.

PASSED the 23d of November, 1784.

executors

Jacobus

WHEREAS it is represented to the Legislature, that Jacobus Debeavois Preamble; was in his life time, and at the time of his death, seized in fee of certain death of lands and tenements, situate in the township of Brooklyne in Kings of will of county on Long Island in the State of New York, and by his last will Debeavois and testament, devised the same to his two sons Joost and Samuel without executing Debeavois in fee as tenants in common, and that the executors in the the provisions said will named are since dead; by reason whereof the execution of the thereof. will of the said Jacobus, yet remains to be done and performed, and that Fernandus Suydam Elizabeth Debeavois and John Van Der Bilt have taken out letters of administration to the estate of the said Jacobus.

carry

of the will.

Be it therefore enacted by the People of the State of New York repre- Trustees sented in Senate and Assembly, and it is hereby enacted by the authority of the came to same, That it shall and may be lawful, for the said Fernandus Suydam, provisions Elizabeth Debeavois and John Van Der Belt, the administrators aforementioned to divide the estate of the said Jacobus, as in and by the said will is directed, and further to execute and perform all and whatsoever the executors in the said will named, are directed to do, as fully in every respect, as if the said executors were now living to perform the same, any law, usage or custom of this State, to the contrary thereof in any wise notwithstanding.

CHAP. 9.

AN ACT to vest the real estate of Anthony Byvanck the elder deceased in trustees for the payment of his debts and other purposes.

execu

PASSED the 23d of November, 1784. WHEREAS Catherine Bingham by her humble petition to the Legisla- Preamble; ture, hath represented, that she and her brother Anthony Byvanck death of Junior by virtue of the last will and testament of Anthony Byvanck trices of their father, were entitled to the real estate, whereof their said father Anthony died siezed; that by the said last will and testament, the wife of the infant testator and Mary Burnsides widow, the only executrixes thereof were vested with full and absolute power, to dispose of his real estate for the payment of his debts; that her said brother lately died, and hath left an

Byvanck;

heir.

Real estate of Anthony Byvanck, deceased, vested in trustees

for certain

only child, now an infant of the age of four years, and that the execu trixes named in the last will and testament of her said father are also dead, without having made any sale or distribution of the said estate; that there were sundry debts due from her said father at the time of his decease, which cannot be paid, nor can the said infant be educated, unless the real estate of her said father is disposed of, and converted into money: The petitioner hath therefore prayed, that a law may be passed to authorize the sale of the said estate for the purposes aforesaid: And the prayer of the said petitioner appearing to be just and reasonable, Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That all the real estate of the said Anthony Byvanck deceased, be and the same hereby is absolutely vested in William Goforth Esquire, Ezekiel Robins and James Bingham their heirs and assigns, who are purposes. hereby authorized and required forthwith to sell and dispose of the same, in such manner, to such person or persons, and for such consideration, as they may think fit, and may deem most condusive to the interest of the devisees of the said estate and their representatives and deeds and conveyances thereof to seal and execute; which sales so made, and deeds or conveyances thereupon executed by the said William Goforth Esquire, Ezekiel Robins and James Bingham, or any two of them, or the survivor of them, or the heirs of such survivor, are hereby declared to be good and effectual, to all intents and purposes in law and equity, to vest in such purchaser or purchasers the whole estate and interest which the said Anthony Byvanck had, in the said real estate, and every part thereof at the time of his death; and upon the receipt of the monies arising from such sale, the said trustees or any two of them, or the survivor of them, shall first pay and discharge all the debts due from the estate of the said Anthony Byvanck in the order which the law prescribes; and divide the overplus in the manner directed by the said Anthony Byvanck in his last will and testament, and agreable to law among the representatives of the said Anthony Byvanck and those claiming under them.

Monies arising

from sale of lands, how applied.

chancery.

Trustees to And be it further enacted by the authority aforesaid, That the said. file bond in trustees shall, before they exercise any of the powers to them hereby given, file in the court of chancery, a bond in such penalty and to such person or persons as the chancellor shall think fit, conditioned for the faithful discharge of the trust and power in them hereby vested; and to render an account of the said estate, when thereunto lawfully required.

Certain prosecu

CHAP. 10.

AN ACT respecting certain prosecutions existing in the supreme court of judicature of this State.

PASSED the 23d of November, 1784.

Be it enacted by the People of the State of New York, represented in Probe Senate and Assembly, and it is hereby enacted by the authority of the same, discon- That it shall be lawful for the attorney general of this State, and he is the attor hereby directed to enter a discontinuance in each of the prosecutions

tinued by

ney gen

eral.

commenced on the act entitled "An act for the forfeiture and sale of the estates of persons who have adhered to the enemies of this State, and for declaring the sovereignty of the people of this State in respect to all property within the same," and not already prosecuted to judgment:

indicted to

and that the several persons against whom indictments now exist founded Persons on the act aforesaid, and not already prosecuted to judgment, be dis- be dis charged respectively from the said indictments, and all prosecutions charged on thereon on the payment of costs.

paying

costs.

CHAP. 11.

AN ACT instituting a court for the trial of impeachments and the correction of errors.

PASSED the 23d of November, 1784.

ments of

WHEREAS by the Constitution of this State it is ordained that a court Preamble; shall be instituted for the trial of impeachments and the correction of requireerrors, under the regulations which shall be established by the legisla- the Conture, and to consist of the president of the senate for the time being, and the senators chancellor and judges of the supreme court, or the major part of them.

stitution.

trial of

ments,

Be it therefore enacted by the People of the State of New York, repre- Courts for sented in Senate and Assembly, and it is hereby enacted by the authority errors and of the same, That the president of the senate for the time being, and impeachthe senators chancellor and judges of the supreme court, or the major how compart of them, shall be and hereby are constituted a court for the trial posed. of impeachments and the correction of errors. And it shall and may be lawful for the same court at all times hereafter during the sitting of the legislature, to assemble for the purposes aforesaid, on such days and at such places as the same court shall from time to time appoint. And be it further enacted by the authority aforesaid, The said court Seal of the hereby instituted shall be and hereby is authorized and required forth- court; dewith to cause a seal for the same court to be devised and made, and as to be filed soon as conveniently may be after the same seal is made, shall cause a tary's description thereof in writing to be delivered to the secretary of this office. State who shall record and deposit the same in his office there to remain as a public record.

scription

in secre

appointed.

And be it further enacted by the authority aforesaid, That it shall and Clerk of may be lawful for the person administering the government of this counted. State for the time being, by and with the advice and consent of the council of appointment, from time to time to appoint a fit and proper person to be clerk of the same court, who shall hold his office during the pleasure of the said council; and that all writs and process issuing out of the same court shall be made in the name of the people of the writs, how State of New York, and tested in the name of the president of the tested, etc. senate for the time being, and signed by the clerk of the same court. And be it further enacted by the authority aforesaid, That all impeach- Impeachments shall be delivered to the president of the senate for the time ceedings being, who shall thereupon immediately cause the court hereby insti- on. tuted for the trial of impeachment to be summoned; and the same court shall thereupon forthwith cause the person so impeached to appear or be brought before them to answer the charge exhibited against him; and upon the appearance of such person so impeached he shall be entitled to have a copy of the said impeachment, and a reasonable time to plead or answer to the same. And when issue shall be joined upon such impeachment, the court shall appoint a time and place for the trial thereof; and at the time and place so appointed, and before they pro

ment, pro