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the manner aforefaid, in perfon, or by attorney or agent, apply to the judge who fhall have iffued fuch warrant or warrants, and give fuch fecurity as fuch judge fhall direct and approve, to the perfon or perfons at whole inftance fuch warrant or warrants iffued, to appear and plead to any fuit or action to be brought in any court of law or equity in this ftate, within fix months thereafter, against the fame perfon against whofe eftate or effects fuch warrant or warrants fhall be ified by the perfon or perfons at whose inftance fuch warrant or warrants iflued, and pay all fuch fums as may be adjudged or decreed in any fuch fuit or action; then, and in every fuch cafe, fuch judge fhall iffue a fuperfedeas to fuch warrant or warrants, and no farther procceding fhall be had thereon. And further, That in all cafes where upon any fuch attachment or attachments, any fhip or vessel, or any part thereof, fhall be feifed or attached, it fhall be lawful for the judge who fhall have iffued fuch warrant or warrants, to caufe fuch fhip or vellel, or part thereof, fo feifed or attached, to be valued by indiferent perfons; and if any perfon will give fecurity, to be approved of by fuch judge, to the people of the itate of New-York, for the benefit of the creditors of fuch debtor, to pay the amount of fuch valuation to the truflees to be in fuch cafe appointed, then fuch judge fhall caule fuch fhip or veilel to be difcharged from fuch attachment.

courts, and the mayor

York, a therifed to

tion.

XXIII. And be it further enacted by the authority aforefaid, Firft judges of county That the firft judge of the inferior court of common pleas and rec wrder of New in each county within this ftate, and the mayor and recorput this act in execu- der of the city of New-York, and each and every of them is hereby authorised and empowered to put this act in execution in their respective counties. Provided always, That where warrants fhall be iflued by any judge or judges of the fupreme court, and alfo by a first judge of any of the faid inferior courts, or fuch mayor or recorder, against the eftate or effects of the fame perfon or perfons; in fuch cafe, the judges of the fupreme court, or any one of them, fhall award a writ or writs of certiorari, to the judge of fuch inferior court, or mayor or recorder, as the cafe may require, to remove the proceedings there before the judge or judges of the fupreme court, that he or they may proceed upon both warrants, or either of them.

XXIV. And be it further enacted by the authority aforesaid, That the judge or judges, mayor or recorder who fhall iflue any warrant or warrants of attachment in pursuance of this act, fhall make report to the court whereof he or they is or are judge or judges, of the proof of the debt or demand made by the creditor or creditors on whofe application fuch warrant or warrants iffued; of the iffuing of fuch warrant or warrants; of the notice thereon ordered; of the publication of fuch notice; of the appointment of trustees; and of all other matters required of him or them by this act to be done out of court; and cause that report to be entered in the minutes of the faid court, to be evidence of the facts fo reported; and fuch report, or the record or entry thereof in the minutes of the faid court, fhall be full and conclufive – evidence of the facts fo reported in all courts of record within this state.

XXV. And be it further enacted by the authority aforesaid, That the judge or judges, mayor or recorder who fhall make any fuch appointment of truftees, fhall and is and are hereby required, at the requeft of the truflees thereby appointed, or any one of them, to endorfe on fuch appointment an allowance that the fame may be recorded; which allowance, figned by the faid judges, mayor or recorder, or any one of them, if a judge of the fu

preme court, fhall be a fufficient warrant and authority to the fecretary of this ftate, and to all or any of the clerks of the refpective cities or counties within this flate, to record the fame; and if fuch judge be a judge of an inferior court of common pleas, or mayor or recorder, fhall be a fufficient warrant and authority to the clerk of the court or county whereof he is a judge, to record the fame; and any appointment of trustees under the hand and feal or hands and feals of any judge or judges, or mayor or recorder, authorited to put this act in execution, or the record thereof duly made in the faid fecretary's office, or in the office of the clerk of any city or county of this ftate, fhall be full and conclufive proof in all courts and places within this flate, that the perfon or perfons against whofe eftate or effects fuch warrant or warrants ifiued, was or were, at the time of iffuing thereof, either absent, abfconding or concealed debtor or debtors within the meaning of this act ; and that the faid appointment, and the proceedings previous thereto, were regular, and according to the directions of this act.

XXVI. And whereas the affidavits or affirmations of the creditors whereon warrants of attachment have iffued againit concealed or abfconding debtors, by virtue of fundry laws of this ftate relating to fraudulent and abfconding debtors, and the warrants of attachment iffued as aforefaid, and the Sheriffs returns thereof, and inventories therewith returned, have ufually remained with the judge or judges who illued the fame, or one of them, and the appointments of truflees made in pursuance thereof, remained in the hands of the truflees appointed, or one of them, and by reafon of the decease of fuch judges, and death or removal of fuch trustees, are many times loft or miflaid; by means whereof fuch perfons as have or may purchase any meffuages, lands, tenements or hereditaments which were of fuch abfconding or concealed debtors, from or under any truflees for all the creditors of any concealed or abfconding perfon or perfons appointed as aforefaid, may be difabled to make out their rights and titles to the fame, and fuch affidavits or affirmations, warrants of attachment or appointments of truftecs, in cafe they can be found, are not at prefent of record, or filed in any public office of record, which may be of evil confequences to fuch purchasers as aforefaid, or per.ons claiming under them: For remedy whereof, Be it further enacted by the authority aforefaid, That any judge or judges or mayor or recorder who fhall iffue fuch warrant or warrants of attachments as aforefaid, purfuant to this act, fhall, and he or they is and are hereby required and directed to cause the affidavits or affirmations of the creditor or creditors made before him or them previous to the iffuing of fuch warrant or warrants refpectively, within thirty days after the taking of fuch affidavit or affirmation, and fuch warrant or warrants of attachment as aforefaid, within thirty days after the return thereof, by fuch fheriff as fhall return the fame, together with the fheriff's return thereof, to be delivered into the office of the clerk of that court whereof he or they is or are judge or judges; which clerk is hereby required and commanded to mark, or cause them to be marked refpectively, with the day and year on which each of them refpectively fhall be filed in his office, and to preferve the fame amongst the papers filed in fuch office. And all Tr. ftees felling real truflees hereafter to be appointed by virtue of this act, or eftates, to record their the furvivors or furvivor of them, who by virtue of fuch appointment shall fell and convey any meffuages, lands, tenements or hereditaments, fhall caufe fuch appointment of truflees to be duly proved or acknowledged and allowed, fo that the fame may be recorded, and fhall caufe the fame to be entered of record either in the fecretary's of

appointments.

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H

fice of this ftate, or in the office of the clerk of the city or county wherein fuch meffuages, lands, tenements or hereditaments do lie; and every ap pointment of truftees for the eftate of any fraudulent or abiconding or concealed debtor, heretofore made by any judge or judges of the fupreme court, or any of the inferior courts of common pleas, or by the mayor or recorder of the city of New-York, and every appointment of truflees hereafter to be made in purfuance of this act, or the record thereof made by fuch proper of ficer as aforefaid, or an office-copy thereof, attefled by any fuch proper officer as aforefaid, in cafe fuch record fhould have perifhed by fire or other accident, together with a legal title or conveyance from fuch truftees, or any two of them, or the furvivors or furvivor of them, proved or to be proved in fuch due form as by law required, fhail be a full, complete and perfect title for fuch metfuages, lands, tenements or hereditaments, to fuch purchafer or purchafers, his, her or their heirs and affigns, against such abfconding, abfent or concealed debtor or debtors, his, her or their heirs or affigns, and all other perfons claiming or to claim by, from or under him, her or them, by virtue of any act, deed, matter or thing, after fuch firft public notice as aforefaid Bona fide convey given; and all fales and conveyances of any meluages, ances from trees lands, tenements or hereditaments, heretofore bona fide fold and conveyed by any truflees heretofore appointed by fuch judge or judges, mayor or recorder as aforefaid, for the management and diftribution of the eftate of any abfconding or concealed debtor or debtors, are hereby confirmed and declared to be valid and efectual, to all intents and purposes, to fuch purchafer or purchafers, his, her and their heirs and affigns, against fuch abfconding or concealed, or abfent debtor or debtors, his, her or their heirs or affigns, or any perfon claiming or to claim by, from or under him, her or them, by virtue of any act. deed, matter or thing, after fuch firft public notice as aforefaid given. Provided always, That is and has been in the fuch purchafer or purchafers, his, her or their heirs or af poffeffion of fuch real figns, now are, and have been, for the space of three years eftate for three years. la paft, in the actual pofleflion of fuch meffuages, lands,

heretofore appointed,

confirmed.

If the purchafer now

tenements or hereditaments.

XXVII. And be it further enacted by the au hority aforefaid, That fuch trustees as fhall hereafter be appointed by virtue of this act, fhall keep a regular book, or regular books of account of all fuch monies as fhall come to their hands, by reafon, or on account of fuch their appointment; to which book or books every creditor interested in fuch monies or eftate, at all reafonable times, may have recourfe; and that fuch trustees, and each of them, fhall be fubject to fuch orders and directions for the more effectual putting this act in execution, and finishing a diftribution of fuch eftate or effects as may come to their hands by virtue of fuch appointment, as fhall, from time to time, be made and given in the court by the judge or judges where of fuch appointment of truflees was made; and alfo that fuch truflees frall render unto the court, by the judge or judges whereof they were appointed, a jutt and true account or accounts in writing, upon oath, or if of the people called Quakers, afirmation, made in open court, of their proceedings and accounts in the premifes, by virtue of their appointment, which fhall be filed with the clerk of the faid court, for the fatisfaction of all perfons concerned; and fuch truflees of the eftate of any fuch abfconding, abient or lawed five per cent. concealed perfon or perfons, already appointed, or hereaf for their trouble. ter to be appointed, fhall and may retain and keep in their hand, for the trouble and fervices to be by them performed, the fum of five

Truftses to be al

per cent. on the whole fum which fhall come into their hands by virtue of fuch appointment, before each dividend made, over and above all neceflary difbursements in the premises.

XXVIll. And be it further enacted by the authority aforefaid, That any judge or judges, mayor or recorder, who have iffued any warrant or warrants, in pursuance and by virtue of any act or acts against abfent, abfconding or concealed debtors, may proceed thereon by virtue of this act; and that truflees appointed by any of the faid acts, may exercife all the powers given by this act to fuch trustees, and shall be fubject to fuch rules, orders and regulations, as in and by this act are appointed.

XXIX. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall be fued for any matter or thing done in purfuance of by virtue of this act, it fhall and may be lawful for him, her or them, to plead the general iffue, and give the special matter in evidence; and alio that this act shall be beneficially conftrued for the creditors in all courts of record within this flate.

XXX. And whereas, by the first fection of the act, enti7th feff. ch. 54. tled, An act to amend an act, entitled, An act for relief againft abfconding and abfent debtors, and to extend the remedy of the act, entitled, An act for granting a more effectual relief in cafes of certain treipafles, and for other purposes therein mentioned, pafled May the 4th, 1784, remedy was given to creditors against debtors, defignated in the faid firft fection of the faid act, with authority to proceed againit fuch debtors in manner as nearly as may be, as is prefcribed and directed in and by an act, entitled, An act for relief against abfconding and abfent debtors, paffed gd day of April, 1775. And whereas the act laft mentioned is expired by its own limitation; Be it therefore enacted by the authority aforefaid, That all proceedings hereafter to be had against fuch debtors as are particularly defcribed in and by the aforefaid first fection of the act first aforefaid, fhall, as nearly as may be, be in the manner prescribed and directed in and by this act.

Amended,

Both fell: c. 92.

CHA P. XXV.

An ACT to regulate the Militia.

Paffed 4th April, 1786.

Bit by the rely enacted by the authority of the fame, That

E it enacted by the people of the fate of New-York, reprefented in Jenate

age, to he enrolle

bat.

Citizens of 16 and every able-bodied male perfon, being a citizen of this ftate, ander 45 years of or of any of the United States, and retiding in this ftate (exby the captain of the cept fuch perfons as are herein after excepted) and who are of the age of fixteen, and under the age of forty-five years, hall, by the captain or commanding officer of the beat in which fuch citizens fall refide, within four months after the paffing of this act, be enrolled in the company of fuch beat. That every captain or commanding officer of a company, fhall alfo enrol every citizen as aforefaid, who fhall, from time to time, arrive at the age of fixteen years, or come to refide within his beat, and without delay notify fuch enrolment to fuch citizen fo enrolled, by fome non commiffioned officer of the company, who fhall be a competent witne's to prove fuch notice. That all difputes which may happen with refpect to the age or ability of any perfon to bear arms, fhall be determined by the captain or commanding officer of the company, with a right of appeal by the perion who may conceive himfelf aggrieved, or by any other perfon be

longing to the company, to the colonel or commanding officer of the regi Militia how to be ment. That every citizen fo enrolled and notified, shall, armed and accoutred. within three months thereafter, provide himself, at his own expence, with a good mufket or firelock, a fufficient bayonet and belt, a pouch, with a box therein to contain not less than twenty-four cartridges fuited to the bore of his mufket or firelock, each cartridge containing a proper quantity of powder and ball, two fpare flints, a blanket and knapfack; and fhall appear fo armed, accoutered and provided, when called out to exercife or duty, as herein after directed, except that when called out to exercife only, he may appear without blanket or knapfack. That the commiffioned officers fhall be refpectively armed with a fword or hanger, and an efpontoon. That the commander in chief for the time being fhall, by general orders, arrange the whole militia into commands, as nearly equal as conveniently may be, of brigades, regiments and companies, and may, from time to time, alter fuch arrangements as he fhall think proper; and that to each brigade of infantry there fhall be one company of artillery, and one troop of horse. That each regiment of infantry fhall confift of two battalions, each battalion to be compofed of four companies, and each company of Four corporals, One drummer, One fifer,

One captain,
One lieutenant,
One enfign,

Four ferjeants,

Serjeants, corporals, drummers and fifers, to be appointed by the

captain.

And not less than fixty-five privates, as nearly as local circumftances will admit. The ferjeants, corporals, drummers and fifers to be, from time to time, appointed by the captain or commanding officers of the feveral companies, And if any non-commiffioned officer fo to be appointed, fhall refufe to accept the office to which he fhall be appointed, he fhall forfeit the fum of forty fhillings, to be adjudged, levied and difpofed of as is herein after directed, with refpect to fines for neglecting or refufing to appear to exercife. That each regiment fhall be commanded by three field officers, viz. One lieutenant-colonel commandant, and two majors; and that to each regiment there fhall be a regimental staff, to confist of

One adjutant,
One Quarter-mafter,
And one pay-mafter,
One furgeon, and

One furgeon's mate.

To rank as lieutenants.

And that to each regiment there fhall be two light-infantry companies, compofed of fuch active young men as fhall voluntarily engage in fuch infantry companies, and who fhall form on the flanks of the regiment, and be clothed in fuch uniform as is herein after directed. That four regiments thus conftituted, fhall form a brigade, to be commanded by a brigadiergeneral, who may nominate his own brigade-major, which brigade-major fhall rank as captain.

That each troop of horse fhall confift of
One captain,

One captain-lieutenant,
One lieutenant,

One cornet,

Four ferjeants,

Four corporals,

One faddler,

One farrier,

One trumpeter, and
Forty horsemen,

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