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kreditcremay main. all and every creditor, whether by simple contract or specipie contracts or fje, alty, and whether the heirs are inentioned therein or not, esalues, againk he'rs a devi lees.
shall and may, by virtue of ti.is 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 fhuil hereafter die inteflate, feised of any manors, mesuages, lands, ttnements or hereditaments, and against the heir and heirs at law, and devilee and devisees of such debtor, in cale fuch debtor inade any last will and testament; and such beir and heirs, devisee and devisees, shall be liable and chargeable for å falle plea, by him, her or them pleaded, in the fame manner as any heir should have been for any falfe plea by him pleaded, in any action of debt upon specialty, or for not confelling the lands or tenements to him descended. And further, that all creditors fhail be preferred as in actions against executors and administrators,
II. And be it further cracicd by the authority aforcfuid, Heirs liable for the That in all cases where any heir or heirs at law, is, are or sereial to tiern, after shall be liable to pay the debt of his, her or their ancestor, alienations.
in regard of any lands, tenements or hereditaments, der cending to him, her or them, and shall sell, alien or make over the same, before any action brought, oi proces sued out against him, her or them, such heir and heirs at law shall be answerable for luch debt, to the value of the faid lands 10 by him, her or them sold, aliened or made over; in which cafes all creditors shall be preferred as in actions against-executors and administrators; and such execution shall be taken out upon any judgment or judgments so obtained again:t such heir or leirs, to the value of the faid land, as if Lands Guld be re
the fame were luis, her or their own proper debt or debts; actions brought, not but the lands, enements and hereditaments, bona fide, Lable to execution,
aliened before the action brought, shall not be liable to fuch
execution. III. Provided always, and be it further cnucled by the authority aforefid, That where any action shall be brought against any heir or heirs, such heir and heirs may plead reins per de cent at the time of the original writ brought, or the bill filed against him, her or them; any thing herein contained to the contrary notwithitanding: And the plaintiff'in such action may reply, that such heir or heirs had lands, tenements or hereditaments from his, her or their ancestor, before the original writ brought or bil filed; and if upon issue joined thereupon it be found for the plaintiff, the jury shall enquire of the value of the lands, tenements or herecitaments so deicended, and thereupon judgment shall be given and execution awarded as a forelaid: But if judgment be given against such heir or heirs, by confeflion of the action, without confelling the assets descended, or upon demurrer, or nihil dicit, it shall be for ihe debt and damages, without any writ, to enquire of the lands, tereinents and hereditaments fo defcended.
IV. Provided alo, a d be it further cnafied by the authoDevices maladinhle rily aforef:id, That all and every device and devises macie as heirs at law. liable by this act, Diall be liable and chargeable in the same manner as the heir and heirs at law, by force of this act, notwithlanding the lands tenements and hereditaments to him or them devised, mall be aliened before the action brought, and ihail and may, in all cafes, plead the like pleas, and be liable to the like juginents and extcutions as the hair and beirs ar law.
V. And be il further enacted by the authority aforesaid, That no lands or other real estate of any testator or inteftate, shall be fold, or in any wife affected by virtue of any judgment or execution against executors or adminiftrators.
VI. sind bc it further crafled by the authority aforejuid, That when any executor or administrator, whose teftator or intellate hath died ftised, or Mall die feised of any realestate, shall discover or suspect that the personal eflate of his, her or their teftator or inteftate, is insufficient to pay his or her debts, such executor or administrator shall, as soon as conveniently may be, make a jult and true account of the said personal estate and debts, as far as he or she can discover the same, and deliver the said account to the judge of the court of probates of this ftate for the time being, and requeft his aid in the premises: And the faid judge shall thereupon make an order, directing all persons interested in fuchí estate, to appear before him at a certain day and place in the same order to be specified, not lets than fix weeks nor more than ten weeks af er the day of making such order, to shew cause why so much of the real eliate whereof such testator or intestate died seised, should not be fold, as will be sufficient to pay his or her debts ; which order shall immediately thereafter be published for four weeks succeslively in two or more of the public newspapers printed in this state; and the judge of the court of probates for the time being Mall, at the time and place specified in such order, or at such other time and place as he may then appoint, hear and examine the allegations and proofs of such executors or administrators, and of all such other perfons interested in such eftate, as shall think proper to make or offer any ; and it upon due examination the faid judge shall find that the personal estate of such teftator or intestate is not sufficient to pay his or her debts, the said judge Mall order and direct the whole, if necessary, or if not, so much of the real eftate of such teftator or intestate then remaining unfold, to be sold, as will pay his or her debts; and when only a part of the real estate is ordered to be sold, such orler Mall specify the amount so ordered to be sold. Provided always, That where any houses and lots are so circumstanced that a part thereof cannot be sold without manifeft prejudice to the heirs or devisees, the judge of probates, at his discretion, may order the whole, or a greater part thereof than is necesary to pay such debt or debts, to be sold, and to diftribure the overplus money arising from such fale, to and among the heirs and devises, as ille case may be.
VII. And be it further engeled by the authority aforesaid, Brolon Rulfales That all sales of any real estate, to be made by order of the and conveyancestiall
judge of the court of probates, shall be made and conveyances for the same executed by the executors or administrators applying for Juch order, and such other person or persons as the faid judge may think proper io appoint; and the conveyances for the same fall set forth such or for at large, and shall be good, valid and effettual against the heirs and derikes of luch icfator or iniestate, and all claiining by, from or under thein, or any of them.
VII. t.dt be it iicutir curled by the azithori'y aforeluid, That where only a part of the real esiate is ordered to be fold as aforesaid, the monics ariling by such file or files, shall be received by the executors or administrators applying for such order, and (hall be confidered as atiets in their hands, for the payment of debts; but where the whole real cilaze iz ordered to be fold, the monies arising thereby shall be brought into the faid count of probares; and if the fame, afer déducting all charges and expenses, hall not be
TVills of real estates to le proved and re
suficient to pay all the debts of the testator or intestate, the faid judge shall cause the saine, afier deducting all charges and expences, to be divided among the creditors, in proportion to their respective debts, without giving any preference to bonds, or other specialties. Provided always, I hat before the
Judge to give notice judge of the court of probates makes any fuch distribution, he of lich distribution. Thall cause at least three months notice of the time and place of making the same to be given, by advertising the fame in two or more of the public news-papers printed in this state, for fix weeks fuccellively. Pro
No real estate to be vided always, That no part of the real eftae of any testator fold qotil the perfural or intestate, shall be ordered to be fold as aforesaid, until the ediate is applied towar es ihe payment of executors or administrators shall have applied the personal debts.
estate, or such part thereof as may have come to their hands, towards payment of the debts of such teftator or inteftare. And no more of the real eltate shall be sold in any case, than may be neceffary 10 pay the residue of the said debts. Provided also, That nothing herein conEsined fhall be construed to prevent or bar any person fiom bringing or maintaining any fuit or action against any executor or administrator, fur or in respect of the personal estate of his or her teftator or iniettate, or for, or in reipect of any waste or milapplication thereof by such executor or admini1rator.
IX. Ard be il further chatted by the au hority ..fore kiir!, Espaired Eannend. That in all cases where any real ellate is or mall be dried ei, zuh i. ch. 51.
by any last will or testament, it all be lawful for the ex
ecutors, or any other persons interellud in such cai citate, order in the curis if they, or any of thein shall think proser, to cane fuch where lizch citates ie. last will and testament to be brouglit before the iniftrior
court of cominon pleas, held in and for the county where fich real citate is or hall be situated; and the said inferior count ihail cute the witnesses to such lalt will and tuitament, to be examined before the same court, in open court; which eximinations Mhall be reducid to writing; and if it shall appear to the same court, that such laft will and teament was duly executed according to law, and that the person who execured the tanne, was, at the time of executing the same, of full age, and of found mind and memory, and not under any restraint, then the said cour Mall order and direct the clerk of the same court to record fuch lati will and teítainent, together with the proof thereof so taken in the said court, in a book to be provided by the faid clerk for that purpole. And further, That if the lands or real estate fo deviled, are or shall be situated in several counties, then furch iait will and teitament shall be proved in manner aforefaid, before the supreme court, and recorded as aforesaid by the clerk of the fame supreme court.
X. And be it further enated by ili authority afirefie', Nvice hereof en be. That neither the supreme court nor any of the lid inferior iste tile wituelles are courts, shall proceed to examine the witnells to the execu
tion of any lait will and teflament, unle's it fall appear or bo prored to such court, that due notice of such intemion had been gien to the heir or heirs of the teftator; or if such heir or heirs are not to be found within this state, fixed up at the last place of abode of such testator, at leail firteen days before such examination.
XI. And be it fi:rther encicd by the autorily afirefoid, That it all and may be lawful for the said courts, and for each and every of the judges of the laid courts, to cause the witnesses to all fuch lat wii's and reitanents,
and all such other witnelius as any per on interested may defire to be summoned, to appear before such court, to teflify what they shall know concerning the premises: and if any such witneshall neglect or refuse to appear, the said court shall and may ciude fuch witness to be brought before the same couri, to be examined as a witness, touching the premises.
XII. And be it further enabied by the authority aforesaid, That every person, in whose custody or power any such last will and tettament is or shall be, shall, upon request
, produce tlie fame before such court as he or she may be required, for the purpose aforefaid, and when the fame shall be proved and recorded as aforesaid, the original shall be returned to the person who brought it to the faid court, if such person defire it. And further, That if any perion in whose cuítody or power any last will or testament is or shall be, shall refuse to produce and deliver the lune, then the said court, before which such person ought to produce the fame, shall and may commit such person to the common gavl, there to remain without bail or mainprise, until he or she shall produce and deliver such laft will and testament to the same court, or to one of the judges thereof.
XIII. And be it further cna cd by the authority aforesaid, Recorris of wills fo That the records of the said wills to proved and recorded proved, effectual.
as aforesaid, shall be as good and eff:etual in all cafes, as the
original wills would be, if produced and proved. XIV. And be it jur!her cna?ed by the au horily aforesaid, That the expence of proving and recording the raid wills, shall be paid by the person applying to have the same done, and the witnesies and officers shall have the like fees for attendance and services in virtue of this act, as they are entided to for the like attendance and services in other cases.
XV. And be il further enn. cd by the authoi iy worefo, That the judge of the court of probates shall have and take for the services to be by him performed by virtue of this act, the following fees, to wit; For filing every petition, one snilling; for making 1:1 entering every order, fix shillings; for every citation, under fual, to witntilis, or for any other purposes, fix miling; for every fentence, or decree, thirty hilings; for receiving and paying out all monies which may come into his hands in confequence of any lie by or#Repealedigth leti.
der of the said court, a conmillion of three per cent. for ch. 5. C. 3: copies of all records and proceedings, when required, for each sheet confiting of one hundred and twenty-eight words, one filling and fix-pence.
as 2 fubftirlite for th: le mittelt by this
CH A P. XL. New bills, emited An ACT for conitting the Sum of Two Hundred Thound
Pounds in Bills of Creilit, for ihe Purposes therein meira act, rith fell. ch. 30. tioned.
Became a Law 18th April, 1786. W
war, the inliabitants of this state labour under great difficulties for want of a sufficient circulating mediuin:
1. Be it enated by the people of the fac of New-York, represented izlinale and affombly, and it is hereby crazlcd by the authority of the same, That bills of credit, to the value of two hundred thousand pounds, current money
of New-York, forth with after the palling hereof, be printed, as follows, (viz
Sis thoufand bills, each of the value of ten pounds ; four thousand bills, each
Y a law of the state of New-York, this bill shall be received in all pay-
day of one thousand feven hundred and eighty-six.
Which bills shall be numbered by Evert Bancker, Henry Remsen, Jonathan Lawrence, John De Peyster and William Heyer, and signed by any two of them, and shall, by such ligners, be delivered to the treasurer of this state.
II. And be it further cnačied by the authority aforesaid, That the said figners are hereby directed and empowered, upon the delivery to them of the faid biils, by the printer thereof, to administer to him, and he is hereby directed to take an oath in the words following:
do folemnly twear and declare, That from the time the letters were set and fit to be put in the press, for printing the bills of credit now delivered by me to you, until the bills were printed, and the letters afterwards distributed into the boxes, I went at no time out of the room in which the faid letters were, without locking them up, so as they could not be come at without violence, a falle key, or other art unknown to me; and therefore, to the best of my knowledge, no copies were printed off but in my, presence; and that all the blotters, and other papers whatsoever, impresied by the faid letters, whilit let for printing the laid bills, to the best of my knowledge, are here delivered to you, together with the stamps; and in all things relating to this affair, I have well and truly demeaned mykelf, according to the true intent and meaning of the law in that case made and provided, to the best of my knowledge and understanding. So help me God.
Which printer shall have a copy of this oath, at the time he gets orders to print the said bills, that he may govern himseli accordingly. Provided always, That if any unforeseen accident happens, such printer may have licerty ike an exception thereof in such oath, declaring fully how such accounties ppened. And if any more of the faid bills are printed than by ti ties rely directed, when the said Evert Bancker, Henry Remsen, Jonathan L whisáce, John De Peyster and William Heyer, or any two of them, have s sied the number hereby directed to be iflued, they shall immediately defroy all the remainder.
III. And be it enacted by the authority aforesaid, That such person as the major part of the said figners of the said bills of credit shall agree with, shall engrave, according to the directions he shall receive from the majority of the faid signers, so many stamps for the sides of the said bills, and for the arms of this state, as the majority of the said ligners shall deem necessary, and shall deliver them to the treasurer, who Thall, in the presence of the majority of the said figners, deliver them ur..o Samuel Loudon, printer, and take his receipt for the fame: And when the said Samuel Loudon has finished and completed printing the bills hereby directed to be truck and illued, he hall