another place be pro

termined.

recorded as a public road or highway, in the manner directed in and by this act, and shall be maintained in each refpective town: But if a majority of the If a difpute arifes com millioners of any or either of the faid towns, when fo about the place, and met and aflembled, fhall difapprove of, and not confent to pofed, how to be de- the place or places where any part of fuch roads fhall be propofed to be laid out, and propofe any other place or places for the fame, to which the commillioners of the town through which that part of the road is to país, or a majority of them, do not content and agree, then, and in every such case, a defcription fhall be made in writing, figned by all the commillioners prefent, of both the roads propofed; and it fhall be lawful for three or more of the faid commiffioners to apply to any two juftices of the peace for the faid counties refpectively, not refiding or holding lands in that town, concerning the road through which such controverfy fhall have rifen, or the town for which fuch road fhall be required, and fuch jufices are hereby authorised and directed thereupon to ifiue their precept to the fheriff of the faid county, commanding him to fummon a jury of twelve good and fufficient freeholders of the faid county, not interested in the courfe of the faid road, who being duly fworn for that purpofe, fhall enquire and give their verdict, which of the roads in controverfy will be the beft and moft commodious as a main and public highway; and an inqueft being thereof made under the hands and feals of the laid juices and jurors, fhall be final and conclufive, according to which the road fhall be laid out, certified and returned as a public road, by the refpective commiffioners through whofe town it fhall extend; and the return thereof, together with the faid inquifition, being filed in the office of the faid county, and entered of record, the faid road fhall be deemed and eflcemed a public road or highway to all intents and purposes, and be fupported and maintained in the respective towns through which the fame fhail extend, in the faine manner as the other highways in fuch towns are directed and required to be maintained and fupported by this act: Which inqueft fhall be at the expence of the town, the commiffioners of which shall have refused to lay out the faid road in the direction found by fuch inqueft, and fuch expence fhall be paid out of the monies raifed in fuch town, in purfuance of this act : Provided always, That if fuch road fo altered or laid out, fhall run through any improved lands, the proprietor thereof, shall be fatisfed and paid therefor, as directed by the second fecPrivileges of the city tion of this act: And provided further, That nothing in this act of Albany, not altered fhail be conftrued to make void, abridge, or any wife leffen the rights and privileges granted to the city of Albany, by charter; any thing contained in this act to the contrary thereof notwithstanding.

by this act.

fall, inhabitants to

open roads.

XXIX. And be it further enacled by the anthority aforef.id, When deep fnows That the overiters of the highways for the road districts respectively, are hereby empowered, directed and required, to notify and order fuch a number of the inhabitants of their respective dif tricts, with their fleds, horfes or oxen, as they the faid overfeers fhall think fufficient and proper to open the roads, whenever deep inows happen to fall; and if any perfon or perfons being fo notified and ordered as aforefaid, fhall neglect or refufe to open any fuch road, fuch perfon or perfons fhall refpectively forfeit the fun of ten fhillings for every day they fhall fo neglect or refufe fuch fervices, to be levied by the overfeer, requiring the fame, in like manner as the other fines and penalties inflicted by this act; which faid forfeiture of ten fhillings fhall be paid to the commiffioners of the highways

for the town where fuch forfeiture fhall arife, to be by them applied in building and repairing bridges in the fame.

XXX. And be it further enacled by the authority af refaid, That the commiffioners of highways that fhall be appointed by virtue of this act, fhall respectively be allowed the fum of fix fhillings for each and every day they fhall refpectively be employed in the execution of their faid office, to be allowed and paid as the other contingent expences of the town they fhall be commiffioners for, are allowed and paid.

The word, Town,

nanor, district and precinct.

XXXI. And whereas the counties aforefaid are divided to comprehend town, into towns, manors, diftricts and precincts; Be it further enacted by the authority aforefaid, That the word, Town, as used in this act, fhall be taken and understood to comprehend the words, town, manor, diftrict and precinct, as fully as though the fame were used in this act.

repealed.

XXXII. And be it further enalled by the authority aforefaid, Former road laws That all and every the laws for the laying out, altering, and keeping in repair public highways and private roads within the counties aforefaid, by whatsoever ftile or title fuch laws may be named, fhall be, and hereby are repealed.

[The last claufe of this act, being the 33d fection thereof, is repealed. 8th feff. ch. 38. fec.1.]

W

CHA P. LIV.

An ACT to amend an Act, entitled, An Act for Relief againft abfconding and abfent Debtors; and to extend the Remedy of the Act, enti‡ 6th leff. ch. 31. tled, ‡ An At for granting a more effectual Relief in Cafes of certain Trefpaffes; and for other Purpofes therein mentioned. Paffed 4th May, 1784. THEREAS divers perfons being indebted to the citizens of this ftate, having, fince the 9th day of July, in the year of our Lord one thousand seven hundred and feventy-fix, removed from parts of this ftate out of the power of the fleets and armies of the king of Great-Britain, late enemies of this flate, to parts thereof then within the power of the faid fleets and armies; or having during the late war remained in parts of this state which then were within the power of the fleets and armies of the faid king, and who have refpectively withdrawn himself or themselves from the flate; by which creditors will be defrauded of their juft dues, unless a legislative provifion fhall be made for their relief :

How citizens to re

this ftate.

I. Be it therefore 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 if any perfon or perfons, who, fince the ninth day of cover their debts from July, in the year one thousand feven hundred and feventyperfons who have left fix, removed from any part of this ftate out of the power of the fleets and armies of the king of Great-Britain, late enemies of this ftate, to any part thereof, at the time of fuch removal, within the power of the faid fleets and armies; or having during the late war remained within the power of the fleets and armies of the faid king, and who hath or have fince withdrawn himself or themfelves respectively, from the faid flate, leaving property within the fame, are or fhall be indebted to any person or perfons, citizens of this flate, in the fum of ten pounds or upwards, it shall and may be lawful for fuch creditor or creditors refpectively, to make application to any one of the judges of the fupreme court of judicature of this

7

fate, or to any one of the judges of the court of common pleas of the county in which the property of the debtor or debtors is or doth lie, and then and there make affidavit or (if of the people called Quakers) affirmation, that fuch person or perfons is or are juftly indebted to him or them in the fum of ten pounds or upwards; and fhall alfo prove, by one or more witness or witneffes, to the fatisfaction of the judge to whom fuch application shall have been made, that such debtor or debtors did, after the ninth day of July, in the year one thousand feven hundred and feventy-fix, remove from parts of this ftate out of the power of the fleets and armies of the king of Great-Britain, late enemies of this ftate, to fome part thereof within the power of the faid fleets and armies, while enemies as aforefaid; or did, during the late war, remain within the power of the faid fleets and armies, and who hath or have withdrawn himself or themfelves refpectively from this ftate, from caufes of difaffection or otherwife; that then, and in such case, the faid judge fhall, and is hereby authorised to proceed in manner, as nearly as may be, as is prefcribed and directed in and by the aforefaid act, entitled, † An act for relief against abfconding and abfent debtors, pafled the 3d day of April, 1775.

has been occupied, in

II. And whereas many perfons who have injured, deftroyed or occupied the real or perfonal eftates of fuch inhabitants of this fiate, defcribed in An act for granting a more effectual relief in cafes of certain trefpafies, have withdrawn themfelves from this ftate, leaving confiderable property within the fame; Be it therefore enacted by the authority aforesaid, That it fall and Remedy for perfons may be lawful to and for any perfon or perfons, who are who left their places or were inhabitants of this ftate, and who, by reafon of the of abode, and whofe property in the power invafion of this ftate by the troops of the king of Great-Briof the British troops, tain, left his, her or their places of abode, and who have not jured or destroyed. voluntarily put themfelves refpectively, in the power of the faid troops fince they refpectively left their places of abode, his, her or their heirs, executors or adminiftrators, after iffuing process out of any court of record in this ftate, in the ufual form, against any perfon or perfons who have occupied, injured or deftroyed, his, her or their eftates, real or perfonal, in the power of the troops of the king of Great-Britain aforefaid, his, her or their heirs, executors or adminiftrators; and after the defendant or defendants named in fuch process, shall have been returned by the officer to whom the fame was directed, not found, to file a declaration against fuch defendant or defendants in fuch court of record from which fuch procefs iffued; and that the plaintiff or plaintiffs fhall thereupon, and within ten days after the expiration of the term in which fuch process fhall be returnable, caufe a pubEcation to be made in one of the public news-papers printed in this fiate, for the space of ten weeks fucceffively, fetting forth that fuch proce's hath been ed, and declaration filed; and that unless fuch defendant or defendants hall enter his, her or their appearance in fuch action, within fix months from the date of fuch publication, a judgment will be entered against him, her or them, in fuch action. That if fuch defendant or defendants fhall not appear within the time in and by fuch publication limited, the court shall grant an terlocutory judgment against the defendant or defendants, and thereupon a Wri: of inquiry fall be granted to afcertain the quantum of the plaintiff's demand; and on the return thereof, final judgment fhall be entered for the fam found in the inquifition, with cofts in fuch manner and form, and fuck father proceedings fhall be had thereon as if fuch defendant or defendants

This act expired ft April, 1785, and provided for gel: faff, ch. 24, foc. 30.

had entered his, her or their appearance on the return of the process iffued No execution to be against him, her or them: Provided always, That no exlevied on any ship or ecution on a judgment to be obtained in the mode prefcribed cargo, ner on forfeit- by this act, fhall be levied on any fhip or other veffel, or the ed property. cargoes thereof respectively; nor on any property forfeited

to the people of this flate.

be.

Plaintiff to notify

III. And whereas the intent of the perfon or perfons bringing fuch fuit, may be to fatisfy fuch judgment out of the perfonal property, monies, goods or chattels of fuch defendant or defendants in the hands of perfons now remaining within this flate; re it therefore enacted by the authority aforesaid, That it fhall and may be lawful for every plaintiff in fuch fuit, to notify, in the prefence of two witnelles, the perfon or perfons in the perfo in whofe Whofe hands he fhall conceive fuch perfonal property to be, hands property may of the bringing of the fuit and his defign, that the judgment to be obtained fhall be fatisfied out of the perfonal property of the faid defendant or defendants in the faid perfon's hands, and request his, her or their certificate on oath, in writing, of the particulars or amount of the fame, which fhall be filed with the declaration. And if on the final judgment the fame fhall not be found, or if fuch perfons refpectively fhall refufe to give fuch certificate as aforelaid, it fhall be lawful for the court in which fuch fuit fhall be commenced, to bring fuch perfon or perfons into court by attachment, to examine them on interrogatories, and to commit them without bail or mainprife until they comply with fuch rule or order, as the faid court in their wisdom fhall think jait and equitable.

IV. And be it further enaced by the authority aforefaid, That the furplus of any monies which may be in the hands of any truflees to be appointed in purfuance of this act, after payment made to the creditor or creditors of any fuch debtor or debtors as aforefaid, by the fale of whofe eftate fuch monies fhall fo come into the hands of fuch truftees as aforefaid, and the furplus of any monies which may be in the hands of any sheriff, after paying and fatisfying the fum or fums levied for by virtue of any execution or executions, whereby fuch monies fo come into the hands of fuch fherit fhall be by them refpectively paid into the treafury of this ftate, and be by the treafurer paid to the debtor or debtors, defendant or defendants, or their refpective attornies or legal reprefentatives, whenever they fhall respectively apply for the fame.

tizens to recover dan

V. And be it further enadded by the authority aforefaid, Remedy for all ci- That every citizen of this flate, whofe eftate, real or perfonages for injuries done al, has been injured, deftroyed or occupied, by any fuch to their property by perfons who have left perfon or perfons, who have fo withdrawn themfelves from this ftate refpectively, may have the like remedy for recovering the damages fo fuftained by fuch injury, deftruction or occupancy during the late war, as is given by this act to the perfons described in and by the faid act laft recited.

this itate.

5h feil. ch. 1. Vi. And whereas by an act, entitled, ‡ An act relative to debts due to perfons within the enemy's lines, pafled the twelfth day of July, one thousand feven hundred and eighty-two, certain fuits and profecutions therein mentioned, which were already commenced, or might be thereafter commenced, fhould be flayed until the legislature fhould inake further provifion in the premises; Le it therefore cnded by the Snir for debesdne alilo hy af relaid, "That the neceffity of ftaying fuch fuits toperfus within the as atoretaid, does no longer exift; but that the faid act, en

remy's lines no lon- titled, An act relative to debts due to perfons within the prayed. enemy's lines, fhall, and is hereby declared to be in full force and operation, according to the true intent and meaning thereof; except fo far as refpects the ftaying of fuch fuits.

ta'n words in another

inferted.

t

VII. And whereas there appears to be an omiffion of the The anion of cer- words, to any erfon, in the finit enacting claule of the afore, aft, declared to be faid act: Le it werefore jurther enaced by the authority aforeid, That the words, to any perfon, fhall be, and hereby are declared to be infered between the words, Due by or from any perfon not within the enemy's power or lines, and the words, that has remained with, in the faid firit enacting claule of the faid act, entitled, An act relative to debts due to perons within the enemy's lines,

VIII. And whereas it is provided in and by the faid laft mentioned act, that nothing therein contained fhould be conftrued to extend to any perfon that theretofore had been, then was, or thereafter fhould be a prifoner with the enemy; be it therepre fa ther enacted by the authority aforesaid, That The bentht of the the benefit of the faid act fhall be extended to all fuch perSaid act extended to fons as are defcribed in the faid provifo, except with respect to debts which fuch perfons may have contracted whilst in captivity at any time during the late war.

CHAP. LVII.

An ACT to prevent the bringing in and spreading of infectious Diftempers in this State. Paffed 4th May, 1784.

WHEREAS the ports of this flate are now open to veliels coming

from any foreign parts, by means whereof many infectious diftempers may be brought into this ftate; in order as much as poffible to prevent the fame,

quarantine.

1. Be it enacled by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enated by the authority of the fame, That all How and when vet. Vefels, of whatever kind they may be, having on board any feh are to perform perion or perfons infected with the yellow fever or any other contagious diffemper, or coming from any place infeted with fuch contagious ditemper, fhall not come into any of the ports or harbours of this flate, or nearer to the city of New-York than the island commonly called Bedlow's-Ifland, and fhall be obliged to perform quarantine there, or in fuch other place, and for fuch time, and in fuch manner as the governor, or perfon adminittring the government for the time being, or in his abience from the faid city, as the mayor thereof (hall think proper to direft and appoint; and that during the time of fuch quarantine, no perfon or perfons whomfoever, nor any goods or merchandize whatsoever, coming or imported in fuch veffels, fhall come or be brought on fhore, unloaded, or put on board of any other veffel within this ftate, or the neighbouring fres of New-lertcy or Connecticut, until fuch vellel, perfons, goods and merchandize fhall refpectively be difcharged from fucli quarantine, by an order from the governor, or perfon adminiitring the government for the time being, or in his abfence froin the faid city, from the mayor thereof; and all matters or commanders of fuch vefels, and all others who fhall prefume to put on fhore, unload or put on board any other vessel as aforefaid, any

be