6th fef. ch. I. Amended,

toth idl, ch. 94.

CHA P. XII.

An ACT to explain and amend the A, entitled, An Aữ relative to Debts due to Perfons within the Enemy's Lines, paffed 12th July, 1782.

Paffed 24th November, 1784. WHEREAS doubts have arifen, whether the faid act doth extend to executors and adminiftrators, both of debtors and creditors, especially the executors and adminiftrators of perfons who have deceased fince the paff ing of the faid act;

ftrators.

1. Be it therefore enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted and declared by the authority of Aft extended mex. the fame, That the abovefaid act doth extend to the execu eentors and admini- tors and administrators of all such debtors and creditors as fully and abfolutely as it would extend to their teftators and inteftates, were they in full life, and fhall be fo deemed, conftrued and taken, to all intents, conftructions and purpofes whatfoever, both in law and equity. II. And whereas fome of the creditors defcribed in the fourth fection of the before, in part, recited act, have withdrawn, or may hereafter withdraw them felves from this ftate, and thereby put it out of the power of their debtors (to whom the aforefaid act was intended to give relief) to cite them before any court of law in this state, to have a fettlement, and make payment agreeable to the mode prefcribed in and by the faid act; Be it therefore further eated by the authority aforefaid, That it fhall and may be lawful to and for fuch debtor or debtors as aforefaid, by advertisement to be published for eight weeks fucceffively, in two of the public news-papers printed in this ftate, to notify and require fuch, his, her or their abfent creditor or creditors, to ap pear at a time and place to be mentioned in fuch advertisement, before fome certain court of law in this ftate, to have a fettlement and payment made as aforefaid (which time shall not be less than eight calendar months from the fint publication of fuch adverifement) and that fuch notification fhall be deemed, taken, and adjudged to be a fufficient citation, to all intents and purpoles, and fhall have the fame validity and effect as if fuch creditor or creditors had been perfonally cited: Provided always, That no fuch advertisement, or any proceeding thereon, fhall be deemed, adjudged, or taken to be good or effectual in the law, unless the debtor or debtors fhall previously have made an affidavit or affirmation (in cafes where by law an affirmation is allowed) before one of the judges of the court of law before which the appearance of fuch creditor fhall be required, that he verily believes that the creditor hath departed the fate, or concealed himself therein; and that it is not in the power of fuch debtor or debtors perfonally to serve fuch creditor with a citation for his appearance; which departure or concealment fhall alfo be proved to the fatisfaction of fuch judge by two witneffes.

III. Provided alfo, and be it further enacted by the authority aforefaid, That nothing in this act, or the act hereby in part recited, contained, fhall affect, injure, or take away, or be deemed or adjudged to extend to the claims, rights and interefts of any legatee, or other perfon legally entitled, in his or her own right, to the perfonal estate of any teftator or inteftate, fuch legatee or legal reprefentative not having remained or come, or by virtue of any law of this ftate, been fent within the power of the enemy during the late Oath of allegiance War. Provided alfo, That no person shall be allowed the quired of perfons benefit of this provifo, unless he fhall first have taken the claiming benefit of oath of abjuration, and the oath of allegiance to this state, and shall have obtained a certificate, figned by two reputable

act.

X

and well-affected freeholders of this ftate, one whereof fhall be a judge of the inferior court of common pleas, or mayor's court, of the county or city in which the perfon named in fuch certificate fhall refide, cerifying, that he hath conftantly and uniformly, fince the ninth day of July, one thousand seven hundred and feventy-fix, been well attached to the freedom and independence of the United States of America, and hath taken an active and decided part therein.

debt to be deemed

fraudulent.

IV. And be it further enacted by the authority aforefaid, When affignment of That in all cafes where any debt, bill or other obligation, mortgage, fecurity or demand whatfoever, mentioned in the faid herein, in part, recited act, fhall have been affigned fince the time of the paffing of the faid act, or fhall hereafter be affigned to any person or perfons whomfoever, by any perfon who has remained with, gone into, or was fent within the enemy's lines during the faid war, every fuch affignment fhall be deemed and adjudged fraudulent, and to have been made with intent to elude the faid act; and every fuch affignce, and his reprefentative, shall be bound to receive payment from the debtor, or his reprefentative, in the fame manner as the original obligee, mortgagee or creditor, would have been held to receive the fame, had no aflignment been made.

affected in cafes of

V. And be it further enaked by the authority aforefaid, Corporation to be That nothing in the aforefaid, in part, recited act, or this aflignment only. act, fhall be deemed, taken or conftrued to prejudice or affect any corporation or body politic, except only with respect to affignments herein before mentioned and defcribed.

to certain infolvent

VI. And be it further enacted by the authority aforefaid, This act to extend That the above mentioned act shall be conftrued to extend debtors eftates. to the affignees or truflees of the eftates of fuch perfons who became infolvent debtors before the ninth day of July, 1776, fo far as relates to monies due to perfons who remained within the British lines in this state.

CHA P. XVII.

An ACT to enable the Clerks of the refpective Cities and Counties within this State, to cancel the Records of certain Mortgages, made and executed to Perfons whofe Eftates are forfied,on Proof that fuch Mortgages are fatisfied. Paffed 27th November, 1784.

HEREAS it is reprefented to the legislature, that certain mortgages

in the people of this state, are registered in the offices of the clerks of feveral of the cities and counties within this ftate, pursuant to an act of the late colony, entitled, An act for preventing frauds by mortgages, which fhall be made and executed after the first day of June, in the year one thousand seven hundred and fifty-four, paffed the 12th day of December, 1753; and that in many cafes the original mortgages remain in the hands or power of the mortgagees: And whereas it is required by the faid act, that the certificate thereby prefcribed, to enable the refpective clerks to discharge the entry of mortgages, fhall be figned only by the mortgagee, his, or her executors, adminiftrators or affigns; and by reafon thereof, mortgages fo as aforefaid, vefted in the people of this flate, although they fhould be fully redeemed and paid off, could not be cancelled, but must remain an incumbrance, to the great difcouragement of purchafers, and the detriment of the public: For remedy whereof,

Perfons entitled to

the people, to prove,

payment made on the mrtgage, &c.

Pe it enacted by the people of the ftate of New-York, reprefented in fenate and assembly, and it is hereby enaded by the authority of the fume, That where any perfon or perfons entitled to the equity of redemption the equity of redemp. of lands, tenements or hereditaments, vefted in manner Lon of lands vefted in aforefaid, in the people of this ftate, fhall be defirous to before a judge, the redeem and discharge the incumbrances thereon, or who have redeemed and discharged the incumbrances on fuch lands, tenements or hereditaments, fince the twelfth day of May, one thousand seven hundred and eighty-four, it fhall and may be lawful to and for all and every fuch perfon or perfons, to apply to any one of the judges having authority to take proofs and acknowledgments of the due execution of mortgages, in the city or county wherein the fame lands, tenements or hereditaments may be fituated, and to produce to fuch judge the evidence refpecting fuch mortgage, and the payments made thereon. And if the judge, on fatisfactory tellimony, fhall be able to afcertain the balance in arrear on fuch mortgage, he fhall, after due examination, certify under his hand and feal, to the treasurer of this ftate, and to the clerk of the city or county in whofe office the mortgage may be registered, the balance which fall fo appear to him to be juftly due thereon; and upon producing fuch certificate to the treasurer, and tender, in the manner which the law directs, of fuch balance, the treasurer fhall, and he is hereby authorised and directed to receive the fame, and to fign a certificate of fuch receipt; which certificate, being acknowledged by him, or proved by the oath of one or more witneffes, in the manner directed by the faid act with refpect to the certificate of the mortgagee, or his reprefentative, and being filed with the certificate of the judge firit mentioned, in the office of the clerk of the city or county where fuch mortgage fhall be registered, it shall and may be lawful to and for the faid clerk, and he is hereby required to enter in the book of mortgages, a minute of the faid certificates; which minute fo entered, fhall operate as a full and abfolute bar to all and every fuch mortgage and mortgages, to all intents and purposes whatsoever. Provided, That with refpect to fuch perfons who have redeemed or discharged the faid incumbrances on fuch lands, tenements or hereditaments, fince the twelfth day of May, one thousand feven hundred and eighty-four, it fhall only be necefiary for the faid perfons refpectively, to produce the certificate of difcharge given by the treasurer on payment, and upon proof of the fame in manner aforefaid, it fhall be lawful for the faid clerks, and they are hereby refpectively required to enter in the book of mortgages, a minute of the faid certificates refpectively, which fhall operate as a discharge in like manner as aforefaid.

CHAP.

An ACT for the Payment of certain

x. A

Purpojes there

XVIII.

contingent Expences, and for other mentioned.

Pafied 29th November, 1784.

[This act, except the roth, 26th and 27th fections, is obfolete.]

ND be it further enacted by the authority of refaid, That it fhall and may be lawful for the commiflioners of forfeited eftates in the weften diflrict, to fet apart, for the ufe of a school, the house and lot of ground, in John's-Town, commonly known by the name of the Free School-House, if not already di pofed of, confifling of half an acre of ground; any thing

in the act for the fpeedy fale of confifcated and forfeited eftates, within this ftate, and for other purposes therein mentioned, passed 12th May, 1784, to the contrary in any wife notwithstanding.

XXVI. And be it further enacted by the authority aforefaid, That the feveral perfons who have been commiffioners of fequeftration in the feveral counties in this state, who have not already done it, fhall exhibit and file in the office of the auditor of this ftate, an account, on oath, according to the best of their knowledge, of the perfonal eftate by them feized or fold, by virtue of any law of this ftate, and of the monies by them received in conféquence of fuch fales, or of any houses, lands or tenements, by them leafed on rent, and pay fuch monies into the treafury of this ftate, after deducting fuch expences and fees as are by law allowed for their fervices, on or before the first day of June next; and that every fuch commiffioner neglecting or refufing fo to do, fhall forfeit and pay to the people of this state, the penal fum of five hundred pounds, befides cofts, to be recovered in the name of the treasurer of this ftate, whofe duty it is hereby declared to be to profecute for the fame ; and the auditor of this ftate is hereby directed to publish this claufe, in one of the news-papers printed in the cities of New-York and Albany respectively, for four weeks fucceffively, within three months from the paffing of this aft.

XXVII. Provided nevertheless, and be it further enafled by the authority aforefaid, That it fhall not be lawful for any perfon or perfons, to fue or profecute the faid commiffioners of fequeftration, or any of them, for any act or acts which they, or any of them, have done, in or about the execution of the truft repofed in them.

LAWS of the State of NEW-YORK, Paffed in the Eighth Seffion of the Legislature, held at the City of New-York, by Adjournment.

CHA P. XXIV.

'An ACT to enable the Truftces of Southampton, in Suffolk County, to fence up certain public Roads therein mentioned.

Paffed 26th February, 1785.

WHEREAS the trustees of the freeholders and commonalty of the

town of Southampton, in Suffolk county, have petitioned the legiflature at their prefent meeting, that they may be enabled to fence across the public roads running through a large tract of land, known by the name of Shenicoc Plains, within the townfhip of Southampton afore kid, and to fix fwinging gates at each end of the refpective roads running through the faid plains, which will prevent the expence and trouble of making and keeping in repair a great length of fence along the main roads running through de faid plains;

1. Be it enacted by the people of the fate of New-York, represented in fenste and affembly, and it is hereby enacted by the authority of the fume, That it fhall and may be lawful for the truflees of the freeholders and commonalty of the town of Southampton aforetaid, for the time being, from time to time, whenever they fhall deem it neceflary, to enclofe within fence the faid tract of land or plains, at fuch place or places as they fhall deem moft convenient : Provided always, That the faid truflees fhall keep and maintain, or cause to be kept and maintained, on every public road running through the land fo to be enclosed in fence as aforefaid, one or more good and fufficient fwinging gate or gates as may be neceflary, as well for the conveniency of the inhabitants of the faid town as for travellers.

er gates.

II. And be it further enacted by the authority aforesaid, Penalty for injuring That whofoever fhall at any time cut, break or otherwife er leaving open fence injure fuch fence or fences, when fo put up as aforefald, or flake or otherwife leave open, faften up or injure any or either of fuch gates, when put up and provided as aforefaid, fhall, for each and every fuch offence, forfeit and pay a fum not exceeding five pounds, to be recovered with cofls, before any juftice of the peace of the faid county; one moiety of which forfeiture fhall be paid to the overfeers of the poor in the said town, to be applied to the benefit of the poor in the faid town, and the other moiety to the person who fhall fue for and recover the fame.

CHAP, XXVII.

ACT for making Process in Courts of Equi y effectual against Mortgagors who abfcond, and cannot be Jerved therewith, or who refufe to appear. Pafied 7th March, 1785.

IBE it enacted by the people of the flute of New-York, reprefented in jente

and affembly, and it is hereby enacted by the authority of the fame, That if any fuit hereafter to be commenced by a mortgagee in any court of equity, against any mortgagor against whom a fubpoena or other process fhal iffue, fuch mortgagor fhall not cause his, her, or their appearance to be entered upon fuch process in fuch a manner as according to the rules of the court the fame ought to have been entered in cafe fuch process had been duly ferved; and an affidavit shall be made to the fatisfaction of fuch court, that fuch mortgagor is withdrawn out of this flate, or cannot upon due enquiry be found within the fame, fo as to be ferved with fuch procefs; that in fuch cafe, the court out of which fuch process iffued, may make an order, directing fuch mortgagor to appear at a certain day therein named; a copy of which shall, within twenty days, be inferted in at least two of the public news-papers printed in this flate, for the term of eight weeks; and if fuch mortgagor 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 the publication of fuch order in manner aforefaid, the court being fatisfed of the truth thereof, may order the plaintiff's bill to be taken, pro cenfeflo, and thereupon decree a fale of the mortgaged premises, or only part or parts thereof, as to the faid court fhall feem juft and right.

Before a decree the

II. Be it finther endedby the authority aforefaid, That before Frigated premies any decree fall be made on fuch bill, the court fhall caule to be appraised. the mortgaged premites to be apprated on oath by two indifferent perfons to be appointed by the court, that the value of the fame may be known to the court, as nearly as may be, before the decree be made; and upon fuch decree for the fale of

Altere as to appraise

arent, reth fell.ch. 53.