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perfon or perfons, goods or merchandize, contrary to the true intent and meaning of this act, having firft had notice thereof, fhall forfeit the fum of two hundred pounds, current money of this state.

Coming from fea, and

II. And be it further enacted by the authority aforefaid, Pilots to hail veffels That the feveral branch pilots and their refpective deputies to ask if they have any belonging to this ftate, fhall ufe their utmost endeavours to infectious diforders. hail every veffel coming into this ftate from fea, and fhall afk and demand of the mafter or commander of every fuch vessel, whether he has on board any perfon or perfons, fick or infected with the yellow fever, or any other contagious diftemper, or whether fuch veffel comes from any place where infectious diftempers prevail; and being answered in the affirmative, shall immediately give notice to the commander of fuch veffel of the penalty aforefaid, and forbid his going any further with his veffel than Bedlow's land, and that he is to anchor his veflel there, until he shall have further directions from the governor, or perfon adminiftring the government for the time being, or in his abfence from the faid city, from the mayor thereof; and fhall alfo forbid fuch commander from putting on fhore any perfon who belonged to, or performed the voyage in fuch veffel, and from unloading or putting on board any other veffel, any perfon or perfons, or goods and merchandize out of his faid veffel, under the penalty aforefaid; and any branch pilot or fuch deputy, neglecting his duty therein, fhall refpectively forfeit the fum of fifty pounds for every offence; and if any perfon or perfons fhall come on fhore from fuch veffel (unless first permitted and licenced by the governor, or perfon adminiftring the government for the time being, or in his abfence from the faid city, by the mayor aforefaid) it fhall and may be lawful to ufe all neceflary force and conftraint to compel fuch perfon or perfons to return on board the faid veffel, or to difpofe of him or them is fome fuitable place, in order to prevent the infection from fpreading.

veffel not making true

2001.

III. And be it further enacted by the authority aforefaid, Commander of any That if the commander of any veffel, having any perfon or difcovery, to for eit perfons on board, fick or languishing under any of the aforefaid diftempers, or coming from any place infected therewith, fhall not make a true difcovery thereof, when thereunto required as aforefaid, fuch commander fhall for feit the fum of two hundred pounds for every fuch offence; and the governor, or perfon adminiftring the government for the time being, is hereby authorifed and empowered, by and with the advice and confent of the council of appointment, to appoint a phyfician to infpect all vefiels which may have on board, or which may be fufpected of having on board, any perfon or perfons infected with a contagious diflemHow veffels are to per; and it fhall and may be lawful to and for fuch phyficibe infpected. an, and he is hereby authorised and required to enter on board all and every veffel and veffels coming into this ftate under the circumflances aforefaid, and there to make frict fearch, examination and inquiry into the health, ftate and condition of the mafter, paflengers and mariners of fuch veffels refpectively, and to report his difcovery and opinion thereupon without delay, to the governor, or perfon adminifiring the government for the time being, or in his abfence from the city of New-York, to the mayor of the faid city; and if any perfon or perfons whomfoever, fhall prefume to hinder or obftruct the faid phyfician in performing the duties Any per fon obftrucing infpection, to for- required of him by this act, fuch offender fhall forfeit for every fuch offence, the like penalty of two hundred pounds, lawful money aforefaid; and the faid phyfician fhall be entitled to, and sha

feit 2001.

receive from the commander of every veffel to be vifited by him in purfuance of this act, the fum of twenty-eight fhillings for his fervices in making fuck examination, and reporting thereupon.

IV. And be it further enacted by the authority aforefaid, That it fhall be, and is hereby made the duty of the mafter and wardens of the port of NewYork, to give their utmost aid and affiftance in carrying this law into effect, and in their own names, to fue and profecute for all the penalties which shall arife, accrue or become forfeited, by virtue of this act; and to apply the fame for the use and fupport of the light-house established at Sandy-Hook, for the fecurity of commerce.

WHEREAS it

СНА Р. LIX.

An ACT for granting Relief to Heirs, Executors, Devifees and Legatees, and for other Purposes therein mentioned. Paffed roth May, 1784. HEREAS it is reprefented, that in the course of the late war between Great-Britain and the United States of America, many things have been done and tranfacted by executors who remained within the British lines, against the exprefs intention of their refpective teftators, and in violation of the rights of orphans and widows, whofe diftreffes demand the attention of the legiflature;

Where trustees, ex

of letters of admini

fany etate, and not

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 where any truftees, executors, devifees, legatees, or ecutors, or others, un- perfons whatsoever, under any laft will or teftament, or by dera will or by virtue virtue of letters of adminiftration, have enjoyed, used or reAration, have receiv- ceived the whole or any part of the real or perfonal estate ed the whole or part of their teftators or inteftates refpectively, or the rents, issues accounted for it, and or profits thereof, for which they have not rendered a due have left this state. account, nor made due fatisfaction to other parties in trust or intereft under the fame laft will or teftament, or as lawful reprefentative or reprefentatives of the fame inteftate, and have withdrawn themselves out of this flate, antecedent to the time of paffing this act, the remaining trustees, executors or parties interefted in whatfoever manner, under fuch laft will or fament, or otherwife, as legal reprefentatives of the teftator or inteftate, may proceed against fuch abfent truftees, executors, devifees, legatees or other perfons, by filing a bill in the court of chancery of this ftate; and if any defendant or defendants in fuch fuit, against whom any fubpoena or other procefs fhall iffue, shall not caufe his, her or their appearance to be entered upon fuch procefs, within fuch time, and in fuch manner as, according to the rules of the court, the fame ought to have been entered in cafe fuch proces had been duly ferved, and an affidavit or affidavits shall be made to the fatisfaction of the faid court, that there is just ground to believe that such defendant or defendants is or are not within the ftate, and was or were not to be found fo as to be ferved with fuch procefs; then, and in fuch cafe, the faid court may make an order, directing and appointing fuch defendant or defendants to appear at a certain day therein to be named, and a copy of fuch order fhall, within fourteen days after the fame has been made, be inferted in one or more of the news-papers printed in this ftate, for fuch term as the court all direct, not exceeding eighteen months, and which term fhall expire

before the time limited in fuch order for the appearance of fuch defendant or defendants, and another copy thereof fhall be affixed up, within the fame term, upon one of the doors of the court-house in the county where fuch defendant or defendants did laft ufually refide: And if the defendant or defendants do not appear within the time limited by fuch order, or within fuch further time as the court fhall appoint, then, on proof made of such publication of fuch order as aforefaid, the court being fatisfed of the truth thereof, may order the plaintiff's bill to be taken pro confeffo, and may make fuch decree thereupon, as fhall be thought juft, and may thereupon inue process to compel the performance of fuch decree, either by an immediate fequeftration and fale of the real and perfonal eftate and effects of the party fo abíenting (if any fuch can be found) or fuch part thereof as may be fufficient to fatisfy the demands of the plainti for plaintifs in fuch fuit, or otherwife, as the nature of the cafe fhall require: And the faid court may likewife order fuch plaintiff or plaintiffs to be paid and fatisfied, his, her or their demands, out of the eftate or effects fo fequeftered and fold, or other wife, according to the true intent and meaning of fuch decree. Provided, That it fhall be in the difcretion of the faid court, in cafes which fhall appear to the faid court to render fuch a provision just and necessary, to give a day to fuch abfent perfons, or their reprefentatives, not exceeding eighteen calendar months from the time of making fuch decree, to apply to the fai court for a re-hearing and revifal of the fame; and alio to require of the plaintiff or plaintiffs, fufficient fecurity in fuch fum as the court fhall think proper, to abide fuch order, touching the reftitution of fuch eftate or effects, or the money arising from fuch fale as the court fhall think proper to make concerning the fame, upon the defendant or defendants appearance to defend fuch fuit, and paying fuch cofts to the plaintiff or plaintiffs, as the court fall order: But in cafe fuch plaintiff or plaintiffs fhall refufe or neglect to give fuch fecurity as aforefaid, then the faid court fhall order the eilate or effects fo fequeftered, or the money arifing from the fale, to remain under the direction of the court, either by appointing a receiver thereof, or otherwife, as to the faid court fhall feem meet, until the appearance of the defendant or defendants, to defend fuch fuit, and his, her or their paying fuch cofts to the plaintiff or plaintiffs as the faid court fhall think reafonable, or until fuch order fhall be made therein as the court fhall think proper. Provided alfo, That if it fhould happen that an attachment fhould have been fued out while fuch caufe is depending in the faid court of chancery, against the eftate and effects of fuch abfent perfons, according to any law of this ftate, in fuch cafe made and provided; then, and in fuch cafe, it fhall only be the duty of the faid court to afcertain by their decree, the fum or fums of money due to the plainti or plaintiffs (unless the demand of fuch plaintiff or plaintiffs be of fome real eftate, held in trufi for his, her or their benefit, for the poffeffing and difpofing whereof, the aid of the faid court may be neceffary) and fuch plainti or plaintiffs fall be entitled to his, her or their proportion in the diftribution of the cftate and e ccts of fuch abfent perfon or perfons, according to the fum or fums afcertained in the faid decree, and in common with the other creditors of the faid absent perfons, according to any law of this ftate as aforefaid: And in cafe the time for making fuch diftribution according to law, fhall arrive before fuch decree fhall be made as aforefaid, it fhall, in fuch cafe, be the duty of the tuilees appointed purfuant to fuch law, on due notice to them from the plainti or plaintiffs, of fuch fuit depending in the faid court, to take fufficient fecurity from the creditors, for whofe benefit fuch diftribution shall be made, to refund

much of their respective fhares as may be neceffary to fatisfy fuch plaintiff or plaints, for his or their dividend of the proportion or proportions of the eftate and effects of fuch abfent perfons, to which he, fhe or they may become entitled by the decree of the court aforefaid, to be made as aforefaid.

II. And whereas in fome cafes fpecial powers have been granted by testators to executors and truitees, in and by the laft wills and teftaments of fuch teftators, to be exercised by the faid truitees and executors, or the furvivors of them jointly; which powers, by the removal of fome of the faid trustees or executors from the state, cannot now be executed agreeable to the intentions of fuch tellators; Be it enacted by the authority aforesaid, Thit where two Trafices or execu- or more truitees or executors have been appointed, by any tors now remaining will or wills, within this itate, with joint power to execute in this frate, invefted with power to execute and perform certain trufts therein contained, and one or the truft given to Chen jointly hmore of fuch truftees or executors have left this flate, withothers who have left out difcharging the duty or duties required of them by the faid wills refpectively, agreeable to the intentions of the teftators thereof; that in fuch cafe the truflee or truflees, executor or executors now remaining in this ftate, and the furvivors and furvivor of them fhall have, and is and are hereby invelted with all the powers and authorities in the faid wills refpectively contained, as if all the trustees or executors named in fuch wills refpectively, were perfonally prefent.

this itate.

IL. And whereas by the circumftances of the late war, trustees and executors under laft wills have, in many inftances, fuffered the times in and by the faid laft wills limited for the fale of real eftate belonging to their teftators refpectively to lapfe without making the faid fale, purfuant to the authority to them for that purpose given, whereby they can no longer perform the trufts incumbent upon them, according to the faid laft wills, without appli cation to the court of chancery for an extention of the time limited, which would be productive of delay and expence; Be it therefore further enacted by Where the time li- the authority aforefad That where the time limited by any mited by a will for laft will within this ftate, for the fale of any real estate be the tale of any real eftate, expired ance longing to the teftator, has expired at any time fince the 19th April, 1775, the nineteenth day of April, in the year of our Lord one thoufand feven hundred and feventy-five, and before the palling of this act, it shall and may be lawful to and for the perfon to whom fuch power was given, or fuch of the faid perfons as now remain within this flate, the furvivors or furvivor of them, to carry into execution the faid trufts, And the time limited as though the time fo limited had not expired; and that the hall be taken to con- time mentioned in any fuch laft will for the execution of mence ift May, 1785. fuch trufts, fhall be deemed and taken to commence on the firft

power to be executed;

day of May next enfuing.

IV. And whereas during the time which the fouthern diftrict of this flate was in poffeffion of the fleets and armies of the king of Great-Britain, many wills were proved and letters teftamentary were granted in the faid district, by or under authority derived from the faid king: And whereas it is neceffary, for the benefit of widows and orphans, to confirm the faid proceedings; Probates and letters Be it enacted by the authority aforefaid, That all and every teftamentary confirm probate or probates, or letters teftamentary, iffued or granted out of the office of any perfon or perfons refiding in the fouthern diftrict of this ftate, and deriving authority from or under the king of Great-Britain for that purpose, from and between the fifteenth day of September in the year one thoufand feven hundred and feventy-fix, and the

ed.

R

twenty-fifth day of November, in the year one thoufand feven hundred and eighty-three, is, and are hereby declared to be confirmed and made valid in the law, to all intents, conftructions and purposes whatsoever, in like manner as if the faid probates, or letters teftamentary, and every of them, had been granted oriffued by any officer acting under the authority of the people of this state; unless the perfon or perfons who may conceive themselves aggrieved by fuch probate or probates, or letters teftamentary, fhall, within eighteen calendar months from the paffing of this act, file a caveat in the office of the judge of Probates of this ftate, against the confirming of fuch probate or letters teftamentary, and procure to be iffued out of the faid court of probates, a citation, citing the parties interefted under fuch probate or letters teftamentary, to appear before the judge of probates, in order that a full hearing may be had thereon, and juftice done therein. Provided, That the original wills, Original wills, pro- probates, and letters teftamentary as aforefaid, refpectivebates, and letters tel- ly, be recorded in the probate office of this ftate, for the corded in the probate information of all fuch perfons whom it may in any wife concern, as in other cafes where wills have been proved according to law.

tamentary, to be re

office,

V. And be it further enacted by the authority aforefaid, That nothing in this act contained, fhall be deemed or conftrued in any manner to extend to, or affect any real or perfonal eftate which may be vefted in the people of this ftate, by the attainder or conviction of any perfon or perfons whatfoever.

CHAP. LXIII.

An ACT for granting certain Lands promised to be given as Bounty Lands,
by Laws of this fate, and for other Purpofes therein mentioned.
Paffed 11th May, 1784.
E it enacled by the people of the fate of New-York, reprefented in fenate

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1 BE by fereby enailed by the authority of the fame,

Commiflioners ap

That his excellency the governor, or perfon adminiftring pointed to grant lands the government of the ftate for the time being, the lieutenantpromifed as bounty Lands. governor, the speaker of the affembly, the fecretary of the ftate, the attorney-general, the treasurer, and the auditor thereof refpectively for the time being, fhall be, and they are hereby conflituted and appointed commiflioners for granting certain lands promifed to be given as bounty lands, by laws of this ftate herein after particularly mentioned; and that all and every the powers and trufts to be vefted in the faid commiffioners by virtue of this act, fhall and may be lawfully executed by any three of them, the governor, or perfon adminiftring the government for the time being, always to be one thereof.

lands under certain

ficates,

4th feff. ch. 32.

II. And be it further enacted by the authority aforefaid, Perfons entitled to That whenever any perfon, or the legal reprefentative or acts, to produce certi- reprefentatives of any perfon entitled to grants of land by virtue of the act, entitled, || An act for raifing two regiments for the defence of this ftate, on bounties of unappropriated lands, paffed March 20th, 1781, or by virtue of an act, en¶ 5th feff. ch. 22. titled, An act for raifing troops to complete the line of this flate in the fervice of the United States; and the two regiments to be raised on bounties of unappropriated lands, and for the further defence of the frontiers of this ftate, passed March the 23d, 1782; or by virtue of another

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