chal to her but that fhe fhall recover her dower if fhe have right thereto; and The fall have a whit in this form: Command A, that juftly and without delay, he render to B, who was the wife of F, fo much land, with the appurtenances, in C, which fhe claims to be her reasonable dower, or, of her reafonable dower, and of which the aforefaid A deforceth her. And to this writ the tenant fhall have his exception, to fhew that he had no right to be endowed, which if he can verify, he fhall go quit; if not, the woman shall recover the land whereof fhe was before endowed.

meafreinert of dow

VI. And be it furth r enacted by the authority aforefad, That a writ of admeasurement of dower fhall be from henceforth granted to a guardian, and the heir when he cometh to full age, fhall not be barred by the fuit of fuch guardian that fueth against the tenant in dower feignedly and by collufion, but that he may admeafure the dower after as it ought to be admeafurManner of proceed. ed by law; and in the writ of admeaturement of dower, ing in writs of ad- as well as in the writ of admeasurement of pafture, when er or pasture. it is come to the great diftreis, day fhall be given within which two counues may be holden, at which open proclamation fhall be made, that the defendant fhall come at the day contained in the writ to answer to the plaintiff; at which day, if he come, the plea fhall pass between them; and if he do not come, and the proclamation be tellid and returned by the sheria in manner aforefaid, upon his default, admeasurement shall be made: And further, That hereafter no fheriff fhall hold pleas of admeasurement of dower or of paflure, but all fuch writs shall be made returnable before the ju lices of the fupreme court, or in the courts of common pleas in the respective counties.

her Luband and lives

VII. Ad be it further enacted by the authority aforesaid, A woman whoares. That if a wife willingly leave her husband, and go away with her a terr, and continue with her adulterer, and be thereof convicted, barred for dower fe fhall be barred forever of action to demand her dower reconciled to het. that he might have had of her husband's lands, unless her hufband willingly be reconciled to her, and permit her to dwell with him ; in which cafe fne shall be restored to her action of dower.

VIII. Ad be it further enacted by the authority aforefaid, That where any man hath purchafed, or hath an ellate made and conveyed of and in any lands, tenements or hereditaments, unto him and to his wife, and to the heirs of the huband or wife, or to the husband and to his wife, and to the heirs of their two bodies begotten, or to the heirs of one of their bodies begotten, or to the hutband and to his wife for the term of their lives, or for the term of the life of the faid wife; or where any fuch eftate or purchafe of any lands, tenements or hereditaments hath been, or hereafter shall be made to any husband and to his wife, in manner and form above exprefled, or to any other perfon or perfons, and to their heirs and aligns, to the ufe and behoof of the faid husband and wife, or to the ufe of the wife, as is before rehearsed, for the jointure of the wife; that then, and in every fuch cafe, every married woman having fuch jointure made or hereafter to be made, fhall not claim or have title to have any dower of the refidue of the lands, tenements or hereditaments that at any time were her faid husband's by whom he hath any fuch jointure, nor fhall demand nor claim her dower of or again them that have the lands and inheritances of her faid hufband; but if any fuch woman be lawfully expulfed or evicted from her faid jointure, or from any part thereof, without any fraud or covin by lawful enry or action, or by difcontinuace of her husband, then every fuch wonk, n

fhall be endowed of as much of the refidue of her husband's lands, tenements or hereditaments, whereof fhe was before dowable, as the fame lands and tenements from which she shall be fo evicted and expulied, fhall amount or extend unto.

IX. And be it further enailed by the authority aforefad, That if any wife have, or hereafter shall have, any lands, tenements or hereditaments given or affured unto her after marriage, for the term of her life, or otherwile, in jointure, and the faid wife after that fhall furvive her fame husband in whofe time the faid jointure was made or ailured unto her, that then the fame wife fo furviving fhall or may, at her liberty, after the death of her faid husband, refuse to have and take the lands, tenements and hereditaments fo to her given, appointed or affured during the coverture, for term of her life, or otherwife, in jointure; and thereupon fhall or may have, afk, demand and take her dower, by writ of dower or otherwife, according to the common law, of and in all fuch lands, tenements and hereditaments as ner hulband was and flood feifed of any ellate of inheritance, at any time during the coX. And be it further enaid by the authority aforeflåds No woman to be That the wife of every perfon who fhall hereafter be atattander of her luf- tainted, convi&t. d or outlawed of any treafon, petty ticafon, mifprition of reafon, murder or felony whatever, fhall be endowable and enable 1, if he farvive her husband, to demand, have and enjoy her dower, in like manner and form as if her hufband had not been attainted, convicte or outlawed.

verture.

deprived of dower by

band.

XI. And be it further enaled by the authority aforofid, That wherefoeror and whenfoever any woman fill be ravifhed, and after fuch rape do confent to the ravifhet, as well the ravifher as the that is ravlhed, and every of them fhall, from thenceforth, be difabled, and by the fame deed be unable to have or challenge any inheritance, dower, jolature, joint-feofment, or joint-purchate, after the death of their husbands and ancellos; and dat la this cafe the next of blood of the ravifher, or of her who is ravified, whom fuch inheritance, dower, jointure, joint-feoffinent, or joint-pucha 2, ought to revert, remain or fall after the death of the raviher, or of her that is ravifhed, fhall have title immediately; that is to fay, After the tape to enter upon the ravifher, or her that is ravifhed, and their adiges and tenares, in the fame inheritance, dower, jointure, joint-bodiment, or joint-percuals, and to hold the fame in flate of inheritance.

り

CHA P. V.

Au ACT for preventing Delays by Eijoius and Proteĉions, and for all, ing Trials of Ifes by Marer of Law.

B

Paded 30th January, 1787. I.RE it enacted by the people of the fate of NY agropre redid have and affably, and it is hereby e-alled by the authority of the fun That no efloin or protection fhall hereafter be allowed in any fut whatfoever.

II. And be it further enafled by the authority abrefid, That tris by wa, ger of law fhall be, and hereby are abolished in all cafes, except in die ca e of non-fummons; and that no perion fhall hereafter be permitted to wage Els or her law in any cafe, except that of non-funmons in rail actions.

CHA P. VI.

An ACT for proventing Wafle.

Pated 30th January, 1787.

Eit enacted by the people of the fate o ̈ New-York, re, refined in fenate and affe ably, and is herely en dd by the authority of the fame, That no guardian fhall make or fuller any watte, fale or deftruction of the inheritance of his ward, or of those things that he hath, or may have in his cuilody, but fhall fafely keep the fame inheritance to the ufe of the faid heir, and keep up and futain the houtes, gardens and other things pertaining to the fame lands, by and with the 'iffues and profs thereof, and fhall deliver the fame to his ward, when he cometh to his full age in as good order and condition at least as fuch guardian received the fame; and hall answer to fuch heir for the refidue of the illus and profits of the fame inheritance, by a lawful account, faving to the fame guardians their reasonable charges and expences. And if any gaudian hall make or fuffer any wafle, fale or deftruction of the inheritance of his ward, he fhall lofe the fame custody, and fhall recompence the ward thrice fo much as the damages fhall be taxed at by the jury.

II. And be it further enacted by the authority af refaid, That no tenant for life or years, or for any other term, fhall, during the term, make or fuffer any walle, fale or deftraction of houses, gardens, orchards, lands or woods, or any thing belonging to the tenements demifed, without fpecial licence in writing, making mention that he may

do it.

III. And be it further en icted by the authority a forefaid, That from henceforth any perfon may have a writ of waste out of the chancery, against him or her who holdeth by curtefy, or ot erwife, for term of life or for term of years, or other term, or a woman in dower as well as again guardians. Ard whoever shall be convicted of walle, fhall lofe the thing or place washed, and fhall recompence thrice fo much as the damages fhall be taxed at by the jury.

IV. And be it further en. Eed by the authority af refaid, That in all actions of wate, if the defendant come not at the return of the original w.it, Le fhall be attached; and if he come not at the retura of the attacament, he fhall be dilrained; and if he come not after the fires, or if he come and afterwards make default, the fheriffhall be commanded, that in his proper perfon he take with him twelve good and lawful men of his county, and go to the place wafted, and enquire of the wafte done, and return an inqueft; and after the inqueft returned, the plain iff hill have judgment to recover the place wailed, and treble the damages found by the inquait.

V. And be it forth r enacted by the authority aforefad, That where two or more do, or hall hold any fands, tenements, woods, fishing, or other fuch thing in common as parceners, tenans in common, or joint-tenants, wherein none knoweth his or her feveral part, and fome or one of them do waste against the mind of the other, an action hall lie by a writ of wafle; and when it fall come unto judgment, the defendan fhall chufe either to take his or her part in a place certain by the fheri with a jury to be affigned, or ele he or fie foall grant to take nothing from thenceforth, in the fame lands, tenements, woods, finings, or other fuch thing, but as his or her partners will take; and if he or the chute to take his or her part in a place certain, the fine fhall be aligned him or her in the part walled, as it was before he or fhe committed the wafte. Bu. if the defendant fhall not chufe to take his

or her part in a place certain, or if the wafte exceed his or her proportion, the plaintiff fhall recover against fuch defendant, fuch damages as fhall be found by the jury or inqueft.

VI. And be it further enacted by the authority aforefaid, That every heir in whose ward foever he or she be, and whether he or she be in ward or not, and as well within age as of fuli age, fhall have his or her recovery by a writ of wafte, for waste and destruction made in lands and tenements, of his or her inheritance, as well in the time of his or her ancestor or ancestors, as at any other time after the inheritance defcended or come to him or her, and fhall be answered unto therefore, and he or she fhall recover the tenements wafted, and treble damages as aforefaid.

VII. Ad be it further enacted by the authority aforefaid, That where any tenant for term of life, or for another's life, or for term of years, or any other term, hath or fhall let or grant his or her eftate in the lands and tenements demifed to or held by him or her, to any perfon or perfons, and fhall ftill continue to occupy the fame lands and tenements, or take the profits thereof, and fhall commit or fuffer waste and destruction in the fame lands and tenements, to the difinheritance of him, her or them in the rever fion, he, fhe or they to whom the reverfion doth or fhall appertain, may, in fuch cafe, have and maintain a writ of waste against the faid tenant for term of life, or of another's life, or for term of years, or other term, and recover again him or her the place wafted, and his, her or their treble damages for the wafle done, if the faid tenant was punishable, of or for wafte before he or the leafed or granted over his or her eftate as aforefaid but not otherwife.

CHA P. VII.

An ACT to alter the Place of holding Elections in Caughnawaga Difrict, in the County of Montgomery.

Paffed 30th January, 1787. HEREAS the place affigned by law for holding the annual townmeetings and elections in Caughnawaga diflrict, is inconvenient for

the people of the faid diftrict; for remedy whereof,

Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the annual town-meetings and elections in the faid diftrict, fhall, in future, be held at the court-houfe in John's-Town, in the diftrict aforefaid, inflead of the place heretofore affigned by law for that purpose.

СНА Р. VIII.

An ACT concerning Juftices of the Peace.

Paffed 30th January, 1787.

1. B E it enacted by the people of the fate of New-York, re refined in jonate and affembly, and it is hereby enacted by the authority of the fame, That in every county of this ftate, good and lawful men of the beft reputation, and who be no maintainers of evil or barretors, fhall be affigned by commiflion under the great feal, from time to time, according to the conflitution of this state, juftices to keep the peace in the fame counties refpectively, who fhall jointly and feverally have power to keep and caufe to be

Qq

the place.

Additional powers,

kept, all laws and ordinances made or to be made for the good of the peace, and for the confervation of the fame, and for the quiet rule and government of the citizens and inhabitants of this ftate, in all and every the articles thereof, in the fame counties refpectively, as well within liberties, as without, according to the force, form and effect of the fame laws and ordinances; and to chattile and punith all perfons offending against the form of thofe laws and ordinances, or any of them, in the faid refpective counties, in fuch manner as, according to the form of thofe laws and ordinances, fhall be fir to be done; and to caufe to come before them, or any or either of them, all thote perfons who fall break the peace, or have used, or fhall ufe threats to any one or more of the citizens or inhabitants of this flate, concerning their bodies, or the firing of their hones or barns, to find fufficient fecurity for the peace, or their good behaviour towards the people and inhabitants of this ftate; and if they fhall refute to find fuch fecurity, then them in prifon, until they fhall find fuch fecurity, to caufe to be fafely kept: And to caute to come before them, or any or dither of them, all thofe who be not of good fame, where they fhall be found, to find fufficient fecurity for their good behaviour towards the people and inhabitants of this flate; and if they refute to find fuch fecurity, then them in prifon, until they fhall find fuch fecurity, to caufe to be fafely kept. And further, That the fame juftices, or To hold ions of any three or more of them, fhall have power in the fame respective counties, to enquire, by the oath of good and law13th full ch. 34. ful men of the fame counties refpeétively, by whom the truth may be the better known, of all and all manner of larcenies, thefts, trefpafies, foreftallings, regratings, engolfings, and extortions whatfoever, and of all and fingular other crimes and offences, of which juftices of the peace may or ought lawfully to enquire, by whomfoever, and after what manner foever, in the faid refpective counties done or perpetrated, or which fhall happen to be there done or attempted. And alfo, Of all thofe who in the faid refpective counties have gone or rode, or hereafter shall prefume to go or ride in companies with armed force, againit the peace, to the diflurbance of the citizens and inhabitants of this thate. And alfo, Of all those who have there lain in wait, or hereafter fhall presume to lie in wait to maim, or cut or kill any citizen or inhabitant of this flate. And also, Of all viétualiers and innholders, and all and fingular other perfons who have offended, or attempted to offend, or hereafter all prefume or attempt to offend, in the fame refpective counties, in the abuse of weights or meatutes, or in the fale of victuals, against the form of the laws and ordinances of this flate, or any of them, made for the common good of this fate, and the citizens and inhabitants thereof. And allo, Or all freds, bailifs, conflables, gaolers, and other officers whatfoever, who in the execution of their offices about the premifes, or any of them, have unduly demeaned themselves, or hereafter thall pelume to behave themfeives unddy, or have been, or hereafter fhall hap pen to be carelefs, remifs or negligent in the fame respective counties, and of all and fingular articles and circumflances, and all other things whatfoever that concern the premies, or any of them, by whomioever, and after what manner foever, in the faid refpective counties done or perpetrated, or which fhall hereafter there happen to be done or attempted, in what manser foeyer; and to infest all indictments whatfoever fo before them or any of ther taken or to be taken, or before others late juices of the peace in the fame repective counties made or taken, and not determined; and tomike and continue Brocelles thereupon, againit all and fingular the perfons fo indicted, or who