fhall be then an apprentice or fervant, the mafter or miftrefs, or father or mother as the cafe may be, fhall be liable to pay the faid fum of forty fhillings, for fuch perfon fo under age; and in default of payment, the collector fhall levy the fame by diftrefs, and the fale of the goods and chattels of fuch father or mother, mafter or miftrefs; and the faid refpective collectors fhall refpectively pay the faid monies to the city or county treasurer, deducting their fees for collecting, on or before the firt Monday in January in every year; and the county treaturers fhall refpectively pay the fame to the treasurer of this ftate, deducting his fees for receiving the fame, on or before the firft Monday in March in every year. And the collectors and county treasurers fhall have the like fees for collecting and receiving the faid monies, as they are refpectively entitled to for collecting and receiving the monies raifed for defraying the neceflary and contingent charges of the faid city or counties. [The 5th fation of this act is repealed, toth ses, ch. 92. fee. 4. and the 6th, 7th and 8th sections are thereby became obfolete.] IX. And be it far her enacted by the authority aforesaid, That the commander in chief thall, from time to time, arrange the militia in two divifions, as nearly equal as circumflances in his opinion will admit of. Washington & Mint X. And whereas from the great extent of the counties of Thof perfons in Washington and Montgomery, fome of the inhabitants gomery who live a would be fubject to great expence and difficulty, if they Bove 30 miles from the regimental and bri. Were obliged to attend at regimental and brigade parades; gide parades, excufed Be it therefore enacted by the authority aforefind, That it from attending. fhall and may be lawful for the respective commanding of ficers of the militia in each of the faid counties, to exempt fuch perfons from attending regimental and brigade parades, as fhall live at a greater diftance than thirty miles from fuch parades aforefaid. regiment, XI. And whereas, from the infular fituation of the county of Richmond, it will be attended with much inconvenience and expence, if the militia thereof thould be compelled, for the purpose of improving in military difcipline, to attach themselves to the militia of any other county: Therefore, Militia in Richmond De it further enacted by the authority aforesaid, That the to be formed into one militia of the faid county of Richmond, shall be formed into one regiment, to confil of as many companies as the commander in chief fhall judge neceffary; which regiment fhall meet four times in the year, in the manner, and during the periods which the other miliia of this flate are directed to meet; but fuch regiment fhall be infpected in And confierel as the faid county, by fuch infpector of the militia of the city part of the milica of and county of New-York, as the commander in chief fhail direct, and shall be attached to, and confidered as part of the militia of the city and county of New-York, and be fubject to the immediate command of the fenior brigadier of the faid city and county, as part of his brigade. New-York. XII. And be it further enabled by the authority aforefald, That if a fufficient number of volunteers fhall not offer themfelves to compofe the infantry companies of any regiment, it fhall and may be lawful, from time to time, when a deficiency in the compliment of any fuch company fhall arife, to and for the field officers of the regiment to caufe a lift to be made, of all the young men enrolled in the diffict of tuch regiment, above the age of fixteen, and under the age of twenty-fix years, and who fhall not already have indifted in the faid infantry companies, and fhall, by lot, determine which of the faid young men fhall be compelled to attach themselves to the faid companies of infantry. the militia in times of invalion. ef infurrections. XIII. And be it further enalled by the authority oforefaid, Mode of ordering out That it fhall and may be lawful to and for any major general, or commanding officer of a brigade, or commanding officer of a regiment, when, and as often as any invafion may happen, to order out the militia under their respective commands, for the defence of this ftate, giving notice of fuch invafion and every circumfiance attending the fame, as early as poflible, to their immediate commanding oflicer, by whom fuch information fhall be tranfmitted, with the utmolt expedition, to the Officers duty in cafes Commander in chic. And that in cases of infurreétions, the commanding officer of the regiment within the liniis of which any fuch infurrection may happen, fhall immediately aflemble his regiment under arms, and having tranfmitted information thereof to the commanding officer of the brigade, and to the commander in chief, fhall proceed to take fuch measures to fuppreis fuch infurrection, as to any three of the judges or juftices of the county in which fuch infurrection fhalt happen, Perfons difabled in shall appear moft proper and effectual. And if any perton oppofing any invafion be wounded or difabled while in actual fervice, in oppoting provided for at the any invasion or infurrection, or in fupprefing the fime, he public expence. fhall be taken care of, and provided for at the public expente, without having any regard to the rank fuch perfon may hold. or infurrection, to be XIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the perfon adminiftring the government of the State for the time being, by and with the advice and content of the council of appointment, to appoint a commiflary of military flores, wla fhall be al lowed at and after the rate of forty pounds per annum; and fuch commillary fhall have the charge and keeping of ordinance and military flores of the flate, fubject to fuch orders and intructions in the execution of his duty, as he fhall receive from the commander in chief, Penalty on non commiffioned officers and privates for neg lecting or refuting to obey orders. XV. And be it further enated by the authority of refid That every non-commiflioned officer and private, who shall neglect or refufe to obey the orders of his fuperior officer while under arms, fhall forfeit twenty fhillings for every fuch offence; and if any fuch non-commi:hioned officer or private enrolled to ferve in either of the companies of artillery, cavalry or infantry, fhall refule or neglect to perform fuch military duty or exercite as he fhall be required to perform, or fhall depart from his colours or guard without the permiflion of his fuperior officer as aforefaid, he fhall forfeit the fum of twenty fhillings; and for the non-payment thereof, the offender fhall be committed, by warrant from the captain or commanding officer of the troop or company then prefent, to which fuch of ender doth belong, to the next gaol, there to be confined until the fines as aforefaid, together with the gaoler's fees, are paid; and the refpective fheriffs of the refpective cities and counties of the ftate, are hereby empowered and required to receive the body or bodies of fuch offender or offenders, as fhall be brought to them by virtue of a warrant or warrants under the hand and feal of fuch officer as sielai, and him or them to keep in fafc cuftody, until fuch fines as are mentioned in fuch warrant, together with the gaoler's fecs as aforefaid, fall be paid; and the fheriffs and gaolers refpectively fhall be allowed the fame fees as are allowed in other cafes. Provided, That in cafe of a military gaud, where a capusia doth not command in perfon, a warrant granted by en inte.ior officer, wita shall have the command of fuch guard, fhall be of the fame authority against all offenders, as if fuch warrant had been iffued by fuch captain. XVI. And be it further enacled by the authority aforefaid, That the military uniform of this state shall be as follows; That is to fay, General officers; Dark blue coats with buff facings, linings, collars and cuffs, and yellow buttons, with buff under-clothes. Regimental officers of infantry; Dark blue coats with white linings, facings, collars and cuffs, and white buttons, with white under-clothes. Non-commiflioned officers and privates of infantry; Dark blue coats with white linings, collars and cuffs, and white under-clothes. Staff officers; Dark blue coats with buff collars and linings, and yellow buttons. Provided, That none of the non-commiffioned officers and privates of the regiments of militia, except thofe compofing the light-infantry companies directed to be formed by this act, fhall be obliged to appear in uniform, in manner aforefaid. Former continental Oncersexempted from ferving in the mili tia. fec. 8. XVII. And be it further enacted by the authority aforefaid, That all perfons who have heretofore been commiffioned officers in the line of the army of the United States, fhall be, See roth feff. ch.92. and hereby are exempted from ferving in the militia of this 11th lefl.ch.95.fec.31. ftate; any thing in this act to the contrary hereof notwithflanding. Provided nevertheless, That if any fuch officer, being above the age of fixteen, and not more than forty-five years, fhall be commiffioned in the militia to a rank equal to that which he held in the faid army, and fhall refufe to accept fuch commiffion, fuch officer so refusing, fhall be liable to ferve in the militia. XVIII. And be it further enalled by the authority aforefaid, That the commander in chief fhall, as foon as may be after the paffing of this act, take fuch measures as to him fhall feem proper, to obtain the age, rank and refi dence of all officers who heretofore have ferved in the militia of this ftate, and the number of men between the age of fixteen and forty-five, directed to be enrolled by this act; and all executive officers within this state are hereby ftrictly enjoined and required to carry into execution fuch directions relative to the premises, as the commander in chief may, from time to time, give and enjoin. repealed. XIX. And it be further enacted by the authority aforesaid, Foriner militia acts That all other laws of this ftate for regulating the militia thereof, fhall be, and hereby are repealed. Provided always, That the act, entitled, An act to regulate the militia, pafied the 4th of April, 1782, fhall continue to be in full force and effect in the different counties of this ftate, until the militia of fuch counties fhall be arranged and officered agreeable to the directions of this law, and no longer. С НА Р. XXVII. An ACT for the Relief of Crediiors againft Heirs, Derifees, Executors and B in actions upon fim Eredioramay main all and every creditor, whether by fimple contract or fpeciple contracts or fpe alty, and whether the heirs are mentioned therein or not, cialties, again hers and devifees. fhall and may, by virtue of this act have and maintain his, her and their action and actions, against the heir and heirs at law of any debtor who hath already died, or fhall hereafter die inteflate, feifed of any manors, mefluages, lands, tenements or hereditaments, and against the heir and heirs at law, and devilee and devifees of fuch debtor, in cafe fuch debtor made any laft will and testament; and fuch heir and heirs, devifee and devifees, fhall be liable and chargeable for a falfe plea, by him, her or them pleaded, in the fame manner as any heir fhould have been for any falfe plea by him pleaded, in any action of debt upon fpecialty, or for not confelling the lands or tenements to him deicended. And further, that all creditors fhail be preferred as in actions against executors and administrators. value of lands del alienations. II. And be it further enalled by the authority aforefaid, Heirs Table for the That in all cafes where any heir or heirs at law, is, are or cerated to them, after fhall be liable to pay the debt of his, her or their ancestor, in regard of any lands, tenements or hereditaments, defcending to him, her or them, and fhall fell, alien or make over the fame, before any action brought, or process fued out against him, her or them, fuch heir and heirs at law fhall be answerable for fuch debt, to the value of the faid lands to by him, her or them fold, aliened or made over; in which cafes all creditors shall be preferred as in actions against executors and adminiitrators; and fuch execution fhall be taken out upon any judgment or judgments fo obtained against fuch heir or heirs, to the value of the faid land, as if Lands fold be: re the fame were his, her or their own proper debt or debts; actions brought, not but the lands, tenements and hereditaments, bona fide, aliened before the action brought, fhall not be liable to fuch execution. liable to execution. III. Provided always, and be it further enacted by the authority aforefald, That where any action fhall be brought against any heir or heirs, fuch heir and heirs may plead reins per defcent at the time of the original writ brought, or the bill filed against him, her or them; any thing herein contained to the contrary notwithstanding: And the plaintiffin fuch action may reply, that fuch heir or heirs had lands, tenements or hereditaments from his, her or their ancestor, before the original writ brought or bill filed; and if upon iffue joined thereupon it be found for the plaintiff, the jury fhall enquire of the value of the lands, tenements or hereditaments fo defcended, and thereupon judgment shall be given and execution awarded as aforefaid: But ifjudgment be given against fuch heir or heirs, by confeffion of the action, without confelling the affets defcended, or upon demurrer, or nihil dicit, it fhall be for the debt and damages, without any writ, to enquire of the lands, tenements and hereditaments fo defcended. in the fame manner IV. Provided alfa, and be it further enafied by the autheDevitees made liable rity aforesaid, That all and every devifee and devifees made as heirs at law. liable by this act, fhall be liable and chargeable in the fame manner as the heir and heirs at law, by force of this act, notwithfanding the lands tenements and hereditaments to him or them devised, shall be aliened before the action brought, and shall and may, in all cafes, plead the like pleas, and be liable to the like judgments and executions as the heir and heirs at law. V. And be it further enacted by the authority aforefaid, That no lands or other real estate of any teftator or inteftate, fhall be fold, or in any wife affected by virtue of any judgment or execution against executors or adminiftrators. VI. And be it further enalled by the authority aforefaid, That when any executor or adminiftrator, whofe teftator or inteftate hath died feised, or fhall die feifed of any real estate, fhall difcover or fufpect that the perfonal eflate of his, her or their teftator or inteftate, is infufficient to pay his or her debts, fuch executor or adminiftrator fhall, as foon as conveniently may be, make a juft and true account of the faid perfonal estate and debts, as far as he or she can discover the fame, and deliver the faid account to the judge of the court of probates of this flate for the time being, and requeft his aid in the premifes: And the faid judge fhall thereupon make an order, directing all perfons interefted in fuch eflate, to appear before him at a certain day and place in the fame order to be specified, not less than fix weeks nor more than ten weeks after the day of making fuch order, to fhew caufe why so much of the real eflate whereof fuch teftator or inteftate died feised, fhould not be fold, as will be fufficient to pay his or her debts; which order fhall immediately thereafter be publifhed for four weeks fucceffively in two or more of the public newspapers printed in this ftate; and the judge of the court of probates for the time being fall, at the time and place specified in fuch order, or at fuch other time and place as he may then appoint, hear and examine the allegations and proofs of fuch executors or adminiftrators, and of all fuch other perfons interefted in fuch eftate, as fhall think proper to make or offer any; and if upon duc examination the faid judge fhall find that the perfonal estate of fuch teftator or inteftate is not fufficient to pay his or her debts, the faid judge fhall order and direct the whole, if neceffary, or if not, fo much of the real eftate of fuch teftator or inteftate then remaining unfold, to be fold, as will pay his or her debts; and when only a part of the real cflate is ordered to be fold, fuch order fhall fpecify the amount fo ordered to be fold. Provided always, That where any houfes and lots are fo circumstanced that a part thereof cannot be fold without manifeft prejudice to the heirs or devifees, the judge of probates, at his difcretion, may order the whole, or a greater part thereof than is neceffary to pay fuch debt or debts, to be fold, and to diftribute the overplus money arifing from fuch fale, to and among the heirs and devices, as the cafe may be. and conveyancesihall be made. VII. And be it further enacted by the authority aforefaid, By whom fich files That all fales of any real eftate, to be made by order of the judge of the court of probates, fhall be made and conveyances for the fame executed by the executors or adminiftrators applying for fuch order, and fuch other perfon or perfons as the faid judge may think proper to appoint; and the conveyances for the fame fall fet forth fuch order at large, and fhall be good, valid and effectual against the heirs and devifees of fuch teftator or inteftate, and all claiining by, from or under them, or any of them. VIII. Ad be it further enacted by the authority aforefald, That where only a part of the real effate is ordered to be fold as aforefaid, the monics ariling by fuch fale or fales, fhall be received by the executors or adminifirators applying for fuch order, and shall be confidered as aflets in their hands, for the payment of debts; but where the whole real cflate is ordered to be fold, the monies arifing thereby fhall be brought into the faid count of probates; and if the fame, after deducting all charges and expences, fhall not be |