the flate, exempted

feven yours.

XXXV. And be it further enalled by the authority afrefaid, Lands granted by That all lands that have been granted by letters patent, unfrom flate taxes for der the great feal of this flate, or that fhall be fo granted by virtue of this act, fhall be, and hereby are exempted, until the expiration of feven years from the iffing of such grants, rom all taxes hercafter to be impofed upon the inhabitants of this flate, ext county and diftrict taxes.

(a) 5th feff. ch. 11.

XXXVI. And be it further enacted by the authority cforeSeveral acis repealed. fuid, That the firft, fecond and third claufes, and the provifo annexed to the faid third claufe, in the act, entitled, (a) An act to prevent grants or locations of the land therein mentioned, paffed the 25th of July, 1782; and the eighth, (b) 7th 1eff, ch. 63. ninth and twelfth clauses of the act, entitled, (5) An act for granting certain lands, promifed to be given as bounty lands by laws of this flate, and for other purpofes therein mentioned, paffed the 11th of May, 1784; the act, entitled, An act to encourage the fettlement of the wafie and unappropriated lands in this flate, paled the 10th of May, 1784, and the aft, entitled, An aft to facilitate the fettlement of wafte and unappropriated lands within this fate, and for repealing the act therein mentioned, paffed the 11th day of April, 1785, fhail be, and hereby are repealed.

XSXSXE ARE ARE AS EX ASSAS

LAWS of the State of NEW-YORK, Paffed in the Tenth Seffion of the Legiflature, held in the City of New-York.

CHA P. I.

A ACT concerning the Rights of the Citions of this State.

Paffed 26th January, 1787. Eit cradled 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 the No authority to be fame; Firft, That no authority fall, on any pretence exercifed unless de- whatfoever, be exercifed over the citizens of this ftate, but rived from the people. fuch as is or fhall be derived from and granted by the people of this flate.

No citizen to be im

prized, con lemned,

Second, That no citizen of this ftate fhall be taken or im&c, but by judgment prifoned, or be diffeifed of his or her freehold, or liberties, of his peers, or due or free cuftoms; or outlawed, or exiled, or condemned, or otherwise deflroyed, but by lawful judgment of his or her peers, or by due process of law.

process of law.

No ritizen to be imprifaned but upon

cef of law.

Third, That no citizen of this flate fhall be taken or indictment, or by pro- imprifoned for any offence, upon petition or fuggeftion, unless it be by indictment or prefentient of good and lawful men of the fame neighbourhood where fuch deeds be done, in due manner, or by due process of law.

No perfon to be put to an fiver without

Fourth, That no perfon fhall be put to anfwer without prefentment or pro- prefentment before juftices, or matter of record, or due procefs of law, according to the law of the land; and if any thing be done to the contrary, it shall be void in law, and holden for error.

No perfon to be im. prifuned, put to death,

brought to answer,

or lofe his lite or

Fifth, That no perfon, of what estate or condition fowithout being ever, fhall be taken, or imprisoned, or difinherited, or put nur be put out of his to death, without being brought to anfwer by due process franchife or freehold, of law; and that no perfon fhall be put out of his or her Emb, or goods and franchife or freehold, or lofe his or her life or limb, or brought to answer and goods and chattels, unless he or she be duly brought to anfore-judged of the fwer, and be fore-judged of the fame, by due course of law; and if any thing be done contrary to the fame, it shall he void in law, and holden for none.

charrels, unless

jame.

Juftice fhall not be fold, denied or delay

freely,

on abolished.

Sixth, That neither juftice nor right fhall be fold to any ed. Writs and pre- perfon, nor denied, nor deferred; and that writs and procefs to be granted cefs fhall be granted freely and without delay, to all perfons And all fines there requiring the fame; and nothing from henceforth fhall be paid or taken for any writ or process, but the accustomed fees for writing, and for the feal of the fame writ or procefs; and all fines, duties and impofitions whatsoever, heretofore taken or demanded, under what name or defeription foever, for, or upon granting any writs, inquefts, commiffions, or process to fuitors in their caules, fhall be, and hereby are abolished.

Fines to be reafon

to the offence.

Seventh, That no citizens of this ftate fhall be fined or able, and according amerced without reasonable caufe, and fuch fine or amerciament fhall always be according to the quantity of his or her tre pas or offence, and faving to him or her his or her contenement; That is to fay, Every freeholder faving his freehold, a merchant faving his merchandize, and a mechanic faving the implements of his trade.

Exceffive bail not Eighth, That exceffive bail ought not to be required, nor exceflive fines impofed, nor cruel and unusual punishments inflicted.

to be required.

All elections to be free.

Ninth, That all elections fhall be free; and that no perfon, by force of arms, nor by malice or menacing, or otherwife, prefume to disturb or hinder any citizen of this ftate to make free election, upon pain of fine and imprifonment, and treble damages to the party grieved.

Right of petitioning.

Tenth, That it is the right of the citizens of this flate to petition the perfon adminiflring the government of this ftate for the time being, or either house of the legislature; and all commitments and profecutions for fuch petitioning, are illegal.

Freedom of eech

Eleventh, That the freedom of speech and debates, and in the legiatere not proceedings in the fenate and affembly, fhall not be impeached or queftioned in any court or place out of the fenate or aflembly.

to be queïtioned.

No tax to be levied; and no citizen to be compelled Do

hindelf or to go out

Twelfth, That no tax, duty, aid, or impofition whatfoever, fhall be taken or levied within this ftate, without the of the state, or fo fin grant and affent of the people of this itate, by their reprefoldiers, without a fentatives in fenate and affembly; and that no citizen of dent of the leginature. this flate fhall be, by any means, compelled to contribute to any gift, loan, tax, or other like charge, not fet, laid or impofed by the k gi

lature of this ftate: And further, That no citizen of this ftate fhall be conftrained to arm himself, or to go out of this ftate, or to find foldiers, or men of arms, either horfèmen or footmen, if it be not by affent and grant of the people of this ftate, by their reprefentatives in fenate and affembly.

No foldiers to be

Thirteenth, That by the laws and cuftoms of this ftate, billetted on citizens the citizens and inhabitants thereof cannot be compelled, without their confent. against their wills, to receive foldiers into their houses, and to fojourn them there; and therefore, no officer, military or civil, nor any other perfon whatsoever, fhall, from henceforth, prefume to place, quarter, or billet any foldier or foldiers, upon any citizen or inhabitant of this ftate, of any degree or profeffion whatever, without his or her confent; and that it fhall and may be lawful for every fuch citizen and inhabitant, to refuse to fojourn or quarter any foldier or foldiers, notwithstanding any command, order, warrant, or billetting whatever.

An ACT for taking away and abolishing all Right and Claim of Purveyance within this State. Paffed 26th January, 1787.

Bit enacted by the people of the fate of New-York, represented in senate

and affembly, and it is hereby enacted by the authority of the Jame, That no fum or fums of money, or other thing, fhall be taken, raifed, taxed, rated, impofed, paid or levied, for or in regard of any provifion, carriages or purveyance for the chief magiftrate or officer, or any other officer or officers for the time being, of this ftate, or of the United States, or for any perfon or perfons whomfoever; and that no perfon or perfons, by any warrant, commiffion or authority, under the great feal, or otherwife, by colour of buying or making provision or purveyance for the chief magiflrate or officer, or any other officer, or officers for the time being, of this flate, or of the United States, or for his, their or any of their houfhold, or for any perfon or perfons whomfoever, fhall take any timber, fuel, cattle, corn, grain, malt, hay, fraw, victuals, cart, carriage, or other thing what foever, of any of the citizens of this flate, without the free and full confent of the ⚫ owner or owners thereof, had and obtained without menace of inforcement; nor shall fummon, warn, take, ufe, or require any of the faid citizens to furnish or find any horfes, oxen or other cattle, carts, waggons, wains, or other carriages for the ufe of the chief magiflrate or officer, or of any other officer or officers for the time being, of this ftate, or of the United States, or of any other perfon or perfons whomfoever, for the carrying of his or their, or any of their goods, without fuch full and free confent as aforefaid. And further, That no pre-emption fhall be allowed or claimed in the behalf of the chief magiflrate or officer, or of any other officer or officers for the time being, of this flate, or of the United States, or of any other perfon or perfons whomfoever, in market or out of market; but that it fhall be forever hereafter free to all and every of the citizens of this ftate, to fell, difpofe or employ his and her goods to any other perfon or perfons, at his or her pleafure; any presence of making provifion or purveyance or victuals, carriages, or other things for the chief magifirate or officer, or other officer or others for the time being, of this ftate, or of the United States, or for any other perfon or perfons whomfoever, or any pretence of pre-emption in huis, their or any of

either of their behalfs notwithflanding; and if any perfon or perfons fhall, at any time hereafter, make proviñon or purveyance for the chief magiftrate or oficer, or any other officer or officers for the time being, of this fiate, or of the United States, or for any other perfon or perfons whomfoever, or imprefs, or take any fuch caniages, or other things aforesaid, on any pretence, or colour of any warrant atorelaid, under the great feal, or otherwife, contrary to the intent of this act, it fhall be lawful for the juftices of the peace, or any one or more of them dwelling near, and the contables of fuch town or place where such occafion fhail happen, at the requel of the party grieved, and they are hereby enjoined, to commit, or cause to be committed, the party or paries to doing and oftending, to gaol, till the next general feffions, there to be indicted and proceeded againit for the fame; and that the officers and inhabitants of the faid town or place where fuch offence fhall happen, fhall be auitant therein: And moreover, the party grieved shall have his or her action or actions again.l fuch offender or offenders, and therein recover his or her treble damages and treble cofis; in which action no aidprayer, privilege, protection, imparlance, injunction, or order of rettraint, hall be granted or allowed: And it any perfon or perfons shall (after notice given that the action depending is grounded upon this ftatute) caufe or procure any action at the common law, grounded on this flatute, to be delayed or flayed before judgment, by colour or means of any order, injunction, power, warrant, or authority, fave only of the court where fuch action Thall be brought and depending; or after judgment had upon fuch action, fhall caufe or procure execution of fuch judgment to be flayed or delayed, by colour or means of any order, injunction, warrant, power, or authority, † Attaints abolished lave only by writ of error or fattaint, or order of fuch court ith fell.ch.46 kc.36. where fuch writ of error or attaint shall be depending; that then the perfon to offending fhall forfeit to the people of this flate, all his or her goods and chattels, and the illues and profits of his or her lands and tenements during life.

CHA P. III.

An ACT for the Recovery of Damages in Writs of Alife and real Actions. Pafied 26th January, 1787.

BE it enacted by the je ple of the flate of New-York, reprefemed in jema e

and femly, onuit is he eby enacted by the authority of the fame, That in all affites, if judgment be given for the plaintiff, he or she fhall recover his or her damages; and in all ailifes of novel difleifin and writs of entry, the demandants, if they recover the tenements demanded, fhall alfo recover their damages against the diffefors: And if the difleitors alien the land, and have not whereof the damages may be leved, they to whofe hands fuch tenements fhall come, fhall be charged with the damages, fo that every one fhall anfwer for his or her time: And further, That in all writs and actions pofleflory, whereby lands or tenements are demanded, damages fhall be recovered as aforefaid.

CHAP. IV.

An ACT conering Dover.

Pailed 26th January, 1787.

Tit caled by the peyle of the fate of New-York, regeried 1. jato

That a widow, after the death of her husband, fhall give no. by for let

dower, or her inheritance which her husband and the held at the day of the death of her husband; and fhe fhall tarry in the chief house of her husband forty days after the death of her husband, or until her dower be afligned to her; and fhe fhall have in the mean time her reasonable fuflenance out of the eftate of her husband; and for her dower fhall be aligned unto her the third part of all the lands of her husband, which were his at any time during

the coverture.

their dower to reco. ver damages.

II. And be it further enacted by the authority aftrefaid, Widows deforced of That in cafe widows, after the death of their hulbands, be deforced of their dowers, and cannot have their dowers or quarantine without fuit, whofoever de force them of their dowers or quarantine of the lands whereof their husbands died or fhall die felfed, and be convicted of fuch wrongful deforcement, fhall yield damages to the fame widows; that is to fay, The value of the whole dower to them belonging, from the time of the death of their hulbands unto the day that the faid widows fhall recover feifin of their dowers by judgment of the court, and the deforceors fhall nevertheless be amerced.

unde nihil habet, not

III. And be it further enated ly the authority afor faid, A writ of dower That in a writ of dower unde nihil habet, the writ fhall to abate for receiving not abate by the exception of the tenant, because she hath dower of any other received her dower of another perton before her writ purchated, unless he can fhew that he hath received part of her dower of himself, and in the fame town, before the writ pu chafed.

than the tenant.

IV. And be it further chatted by the authority a orefaid, That in cafe where the hulband, being impleaded for land, giveth up the land demanded unto his adverfary, by covin, after the death of the hutband, his wife fhall recover her dower of the fame land, if fhe demand it by writ; and in cafe where the husband lofeth the land in demand by default, and his wife after his death demandeth her dower, fhe fhall be heard; and if it be alledged against her, that her husband loit the land whereof dower is demanded, by judgment, whereby the ought not to have dower, and then it be enquired by what judgment, and it be found that it was by default, where unto the tenant muft aniwer, then it behoveth the tenant to aniwer further, and fhew that he had and hath right in the fame land, according to the form of the writ that the tenant before purchased against the husband; and if he can flew that the husband of fuch wife had no right in the lands, nor any other but he that holdeth them, the tenant fhall go quit, and the wife fhall not recover her dower therein; which thing, if he cannot fhew, the wife fhall recover her dower.

V. And be it further enacted by the authority aforefaid, That where a woman, not having a right to demand dower, and the heir being within age, fhall purchafe a writ of dower againfl a guardian, and the guardian fhall endow the woman by favour, or make default, or by collufion defend the plea faintly, whereby the woman is awarded her dower in prejudice of the heir; in all fuch cafes, the heir, when he comes to fuil age, fhall have an action to demand the feifin of his anceftor again such a woman, like as he fhould have against any other deforceor. But the woman fhall have her exception fived against the demandant, to flew that fre had right to her dower, which if the can fhew, fhe fhall go quit and retain her dower, and the heir fhall be amerced; and if he cannot fhew that he had right to her dower, the heir fhall recover his demand; and in like manner a woman fall be aided, if the heir, or any other do implead her for her dower, or if the lot her dower by default, in which cafe, the default shall not be to prejudi