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have caufe to challenge any of the faid recognitors, fuch challenge shall be taken and made before the faid four electors, who fhall immediately try and determine the fame. And if any man named by the faid four electors as a recognitor, fhall be challenged, and found not duly qualified, or not indifferent between the parties, they fhall leave his name out of the pannel, and chufe another in his ftead; and when they have completed a pannel of twenty-four recognitors of themfelves, and others as aforefaid, they fhall, in their proper perfons, return and deliver the fame to the juftices in open court.

IV. And be it further enailed by the authority aforefaid, That upon the delivery of fuch pannel into court, a writ fhall iffue to the proper officer, commanding him to caufe the faid recognitors to come before the juftices, at a certain day and place, to make recognition of the grand affife between the parties: And if the caufe is to be tried at the circuit court in any of the counties, a proper claufe of nifi prius fhall be inferted in fuch writ for the purpofe; and when a fufficient number of the faid recognitors fhall appear to make the faid recognition, fuch of them as do appear, fhall be called and fwom as they ftand upon the faid pannel, until fixteen of them fhall be fwom, who fhall make the faid recognition.

of recognitors, dif

V. And be it further enaied by the authority aforefaid, In cafe of default That if a fufficient number of the faid recognitors to make tringas to flue. the faid recognition, fhall not appear at the return of the first process for fummoning them, writs of diftringas fhall be issued against them, from time to time, until they shall appear.

VI. And be it further enacted by the authority aforefaid, That all trials upon writs of right, fhall be had in the county where the tenements in demand fhall be fituated, unless the court upon motion of either party, fhall order the trial to be at the bar of the fupreme court.

13th felf. ch. 58.

CHA P. IX.

An ACT for the better levying and accounting for Fines, Forfeitures, fues, Amerciaments, and Debts due to the People of this State. Paffed 9th February, 1786. Eit enailed by the people of the ftatc of New-York, reprefented in fenate and affembly, and it is hereby enadled by the authority of the fame, That the junior juftice of the fupreme court of judicature of this ftate, for the time being, or in his abfence one other of the puifne juftices of the fame court, fhall and may, during every term of the faid fupreme court, or during fuch part thereof as may be neceffary, in fome convenient place near where the faid fupreme court fhall then fit, hold a court for the hearing and determining of all causes, matters and things concerning fines, forfeitures, iffues, amerciaments, and debts due to the people of this ftate, according to law, and the courfe of the exchequer. And that it fhall To caufe procefs to and may be lawful to and for fuch juftice, to caufe due probe iffited for levving cefs of law to be iffued for the levying of all fines, forfeitures, fines, forfeitures,iflues, iffues and amerciaments, which have been, or hereafter may be fet, laid, impofed, affeffed, loft, or adjudged in any court of record of this state; and to cause all sheriffs, coroners, and other officers who have received, or hereafter fhall or may receive any monies for any fuch fines, forfeitures, iffues or amerciaments, duly to account for the fame; and to examine, audit and fettle fuch accounts; and to cause the fums which

amerciaments, &c.

preme court to ap

jultice to commiflion

chequer.

hall appear or be found to be due thereon, to be duly paid; and to caufe due process of law to be iffued for recovering all monies upon recognizances for feited, or to become forfeited to the people of this ftate; and to hear and determine all queftions and matters concerning the fame, and the forfeiture thereof; and upon good caufe fhewn, to remit any fuch for ture, or part thereof, and to discharge fuch recognizance according to equity and juftice. And further, That it fhall and may be lawful to and for fuc uftice, in all Cafes of difficulty Cafes of difficulty, to adjourn the caule and matter, and deto be adjourned into liver the record thereof into the fupreme court, where the the fupreme court, fame fhall be heard and determined; and then the faid record fhall be fent back by the clerk of the faid fupreme court, to the faid court fo to be held before the junior, or other puifne juftice of the faid fupreme court, in order that execution may be there done according to law. II. And be it further enacted by the authority aforesaid, Justices of the That the juftices of the fupreme court for the time being, point, and the chief from time to time, when and as often as may be neceflary, the clerk of the ex- by rule or order, to be entered in the minutes of the fame fupreme court, fhall nominate, and the chief juilice of the fame fupreme court, under his hand, and the feal of the fame fupreme court, committion an experienced and proper perfon to be clerk of the court fo to be held, who fhall be called the clerk of the exchequer in the fupreme court, and fhall hold his office during the pleafure of the jutlices of the faid fupreme court; and fuch clerk fhall make and enter all fuch minutes, memorandums and records, and make and iffue all fuch process, as fuch juflice who fhall hold fuch exchequer court fhall, from time to time, direct. And fhall receive and be accountable for all monies to be paid into the faid court; and fhall yearly on the firft day of January term, in every year, make a just and true account, upon his oath, of all monies paid into the faid exchequer court, and of all expences by him paid for flationary, and other necellaries for the faid office, and produce the fame account to fuch juftice as may then hold the fame exchequer court, for his allowance and approbation thereof; and fhall, within twenty days thereafter, deliver a true copy of fuch account fo approved, to the treasurer of this ftate for the time being, and pay to the fame treasurer, for the ufe of this ftate, the amount of fuch account, after deducting thereout the falary allowed to the faid clerk, and the fums fo allowed for neceffaries as aforefaid, upon pain of forfeiting his office for any neglect of his duty therein, befides being anfwerable for the monies in his hands. III. And be it further enacted by the authority aforefaid, That the juftices of the fupreme court for the time being, fhall devife and caufe to be made, a feal for the faid exchequer court, upon which fhall be engraved the words, New-York Exchequer Seal, and fhall deliver a defcription thereof in writing to the fecretary of this ftate, to be depofited and recorded among the records of this flate, and fhall deliver the faid feal to the clerk of the faid exchequer court, who shall pay for the fame out of the monies to be by him received as aforefaid. And further, That all process of the faid exchequer court, The proceffes of this shall be made in the name of the people of the state of Newconrt how made and York, and be tefted in the name of the junior juftice of the fupreme court for the time being, and figned by the clerk of the faid court of exchequer, and fealed with the faid feal fo to be made; and fhall be returnable as follows; That is to fay, "Before one of our juflices of our fupreme court, in our court of exchequer," on fuch day as the faid

telled.

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D d

court of exchequer may then be appointed to be held, "where foever the "fame court fall then be held."

IV. And be it further enacted by the whority forefaid, That every fuch clerk fo to be appointed, before he enters upon the execution of his office, fhall take the oaths required by law, to be taken by mi ifterial officers; and fhall be allowed and paid the yearly falary of, two hundred and fifty pounds, for his fervices; but shall not, upon any pretence whatsoever, have, receive, accept or take, any fees, perquiiites or reward what.oever, for any of the fervices by him to be performed in the execution of his faid office.

ali ed is justice or

his fervices.

V. d be further et d by the au hority forefaid, No Se or reward That no juice of the faid fupreme court, who may at any time hold the faid court of exchequer, fhall have, receive, accep. or take, any fees, perquifies or reward whatfoever, for any ervices by him to be performed by virtue of this act; his salary and fees, as juttice of the fupreme court, being considered as a full compensation for the fervices afore aid.

VI. A d'e it further e affed by the authority aforesaid, That the refpective clerks of every court of record in this ftare, hill yearly, on the frit day of the team of July, in every year, make and deliver into the faid court of exchequer, a jut and trae account and eft eat of all fines, forfeitures, iffies and amerciaments, et, lil, impofed, affefed, loft or adjudged, and of all recognizances forfeited before the fat day of June, immediately preceding the frit day of July term, on which such account fhall be rendered, in and by the respective courts of which they are or fhall be clerks, together with the faid recognizances; noting in every fich account and eftreat, where any fuch fines, forfeitures. ilues or amerciaments have been paid, or procefsified, or the person commited for the fame, to whom fuch payment or commitment was made, and what process has been iued, and to what officer; upon pain, that every clerk, who shall neglect his duty therein, fhall not only forfeit his office, but become an 1-be an werable for all fuch fines, forfeitures, iffues and amerciments, and the amount of all fuch recognizances, as Juch clerk fall neglect to give an account of, and clicar and deliver as afore-hid. VII. d d be it futher on died by the authori y carefuld, That all therizs, coroners and other officers, who have, or hereafter thall or may receive, or be accountable for any fuch fines, forfeitures, illaes or amerciaments, shall tor April, 9th for yearly, on the fait day of the term of ‡ July, in every year, render a jul and true account thereof, on oath, to the aid court of exchequer; and the fame account being examined, audited and fettled by the judge of the fame court, fhall pay the balance appearing or found due on fuch account, if any there be, in favour of the people of this ftate, to the clerk of the faid court and upon payment thereof, the laid court of exchequer fhall make and grant to tuch fherif, coroner, or other officer, a qu'etus or difcharge for ta tame, under the ical of the said court of exchequer. And any fuch fherifi, coroner, or other officer, fhall not pay fuch balance fo und dae, with owenty days after the auditing of his account, execution shall be iffited ago 1 m for the are; and if any fuch farið, coroner, or other officer, that reite or neglect to make or render fuch account, fuch officer fo reglecting or retuting, fh Il be liable to pay all fuch fums of money as fall be, or ought to have been, or might have been, received by him, for any fuch fine, forfeitures. iflies or antcrcaments, as well as all fuch fines, fritures, illues and amerciamen's, as fhall have been fet, laid, impofed, afleted, loft or adjudged, by or againft, or upon fuch

ch. 16. f. 3.

Inheritance of persaying without if 1.e. to go to the

ther, it living, unless it came from the inther.

Thirdly. In cafe the faid perfon fo feifed shall die without lawful iffue, leaving a father, then the inheritance shall go to the father of the faid perfon o filed, in fe fimple; unicis the faid inheritance came to the parfon fo fifed, from the part of his or her mother, in which cafe it shall dèfcend, as if fuch perfon fo feiled had furvived his or her father.

In cafe the father

is dead, then to the

brothers and filters, as tenis in common.

half blood to inherit

a

Fourthly. In cafe the faid perfon fo felld fhall, after the death of his or her father, die without lawful ifiue, leaving brother or filler, or leaving a brother or brothers and a And thofe of the filter or filets, the inheritance fhall defcend to fucn brothers egally with thofe of or fifters, or to fuch brother or brothers, and ficer or filters, the whole hiod, unlels the inheriance as the cafe may be, as tenants in common in equal parts: cane from an ancef- and in fuch cate every brother and fifer of the hall blood of the faid perion fo filed, fhall inherit equally with thofe of the whole blood; unlefs where fuch inheritance came to the aid perfon fo fild by defcent, devile or git, of fome one of his or her ancellors, in which cae all thofe who are not of the blood of fuch ancellor, fhall be excluded from fuch inheritance. And,

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Children of or hers

parents.

Fifthly. In cafe any fach brother or filler who wou'd and fitters to blot have inherited by this law, if living, fhall die before the lid the fare of their perfon fo feiled, and leave a lawiul child or children, fuch child or children furviving the faid per on io ched, fhul inherit, if a child folely, and if children, as tenants in common in equal parts, fuch fhare as would have defcended to his, her or their father or mother, if fuch father or mother had furvived the faid peron to fched. And in all chás of deicent, not particularly provided for by this act, the common law mu govern.

t

IV. Provided alrys, and be it further enaid by the au briy «f, cáả, That nothing herein contained fhail be confirued to b. r or injure de or eftate of a hulband, as tenant by the courely, or a widow's night of dower.

V. And be it further enafied by the auth rity aforojëd, That all pofl mus children fhall, in all cafus whatever, inherit in like manner as if tey were born in the life-time of their rejective lathers.

Noeflates to be held in jo nt-tenuicy, unlet exprefly fo de

clared, exceur by ex

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VI. and be it further enced by the authoriy of read, That no eltate in joint-ten ney in lands, tenements or herediraments, fall be held or claimed by or under any grant, devife or conveyance whatever, hereafter to be ma le, other than to executors or tuices, unle's the premias therein mentioned fhall expresly be tereby declared to pas, not in tenancy in common, bu. in join-tenancy, an I every fuch cflate, other than to exedtors or trutices, unless otherwile e creísly dechred as afore, fhai be demed to be in tenancy in common; any law, culom or ulge to de contrary notwithlian ling

VII. And be it finther add by the aucho,i'y d'oeil, 16th ff.cht. 2. That the act, entled, ‡ An act to abolish entar's, to caFor. er act repealed. firm conveyances by tenants in tal', to dribute caus kai of inteftates, to remedy defective conveyances to joint tenants, and dir câng the mode of fich conveyances in future, pafled the twelfth day of July, in the year of our lord one thound feven hundred and Jghty-two, fhall be, and hereby is repealed; but all defcents and conveyances which have happened or been inade lince the palling of the faid act, hereby repealed, thall talk effect e

cording to the faid act. Provided always, That notwithstanding any thing in the faid act contained, every grant, conveyance or devife heretofore made, or hereafter to be made to executors or truitees, fhall be deemed to be in jointtenancy, and not in tenancy in common.

CHA P. XIII.

Aa ACT for Tranfcribing certain Records of Patents.

Pafled 23d February, 1786. WHEREAS certain of the records of patents in the office of the fecretary of the state, are, by various accidents, fo injured, that a fre quent recourfe to them may render them illegible; to prevent which,

1. Be it enaded by the people of the fire of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the fecretary of the flate for the time being, fhall tranfcribe, or caule to be tranfcribed, in his office, fuch of the faid records of patents, as the faid fecretary, James Duane, Faac Roosevelt, Samuel Jones and Richard Varick, Equires, or a majority of them, fhall deem neceffary. And that fuch tranfcripts being compared with their originals, fhall be certified by the faid fecretary to be true copies of the originals aforesaid.

II. And be it further enacted by the authority aforesaid, That the fecre tary, together with the perfons herein before named, or a majority of them, fhall caufe to be re-bound, fuch of the books of records in the office of the faid fecretary, as to them hall appear to be necellary, and fhall employ one or more perfon or perfons for that purpofe; and that the tranfcribing of the faid records, as well as the binding to be done in purfuance of this act, fhall be performed in the office of the fecretary of the flate, and in the prefence of the faid fecretary, or of his own fworn deputy.

III. And be it further en led by the authority aftrefaid, That the fecretary of the state fhall be allowed for copying the faid records, at and after the rate of one filling and fix-pence, for every one hundred and twenty-eight words.

IV. And be it further enacted by the authority aferefad, That the treasurer of the ftate fhall, and he is hereby authorised and directed to pay to the said fecretary, fuch fum or fums of money as fhall, from time to time, appear by accounts duly audited by the auditor of this ftate, to be due to him for his fervices and expenditures in puruance of this act.

V. And be it further enaded by the authority aforefaid, That the fecretary of the flate fhall, and he is hereby directed to report to the legislature, his progrefs in the execution of the duties by this act required, in order that further provision may be made for perpetuating the evidence arifing from the faid records.

CHA P. XIV.

An ACT to regulate the future Meetings of the Legislature.

Pafled 13th March, 1786. E it enadied by the people of the fate of New-York, reprefented in finale

Legiature to ineet in cafe the perfon adminiflring the government for the firit Theflavin Lau- time being, fhall not, on or alter the first Monday of July, Doner convened by and before the first Tuesday in January, in any year, convene the legislature by proclamation, then the legislature

ary every year, tal-fs

proclamation.

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