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ing to the law that hath been anciently used, he or she may freely do it, notwiutlanding this statue.
IV. dubie further eracled by the authorily aforesaid, That executors of execurors shall have actions of debt, account, and of goods carried away of the firit teftator, and execution of judginents obtained by, or recogniZance's made to the firli teítator, in any court of record, in the same manner as the firit tellator should have had it he were in life, as well of actions of the time past, as of the time to come : And that the fame executors of executors shall answer to others, of as much as they have recovered of the goods of the fi:it teftator, as the first executors should do if they were in full lite.
V. And be it further ended by the authority aforcaid, That where any perion deth inteltare, the widow, or next of kin, or any of them, of the deccafed person, if they, or either of them, will accept the same ; and if not, fome other proper perfon or perfons shall be deputed to adminifter the goods of the intellate ; and that such administrators shall have actions to de. 11.and and recover as executors, the debts due to the said person intestate, and Trali aniwer to others to whom the inteftate was holden and bound, in the fame manner as executors shall answer, and shall be accountable as executors be, in cale of leilament, as well of the time patt as the time to come.
Vi. dinl be it further enaced by the authoriiy aforefuit, That a writ of idemptitate nominis, hall and inay be granted and made good and maintain able for the executors of every tellator, and the administrators of every perfon dying intefale, to the fame effect, as the fame action of idemptitate nominis would have been maintainable for the teftator or intestate, if such leitator or intefiate were in life, and were or might have been molested or grieved, becaule or by colour of any outlawry of any person having such and the like names, as the same teftator or intuítate had.
VII. And for as much as it is sometimes practised to the defrauding of creditors, that such persons as are to have the administration of the goods of others dying intuitate, committed unto them, if they require it, will not accept
the lame, but fuffer or procure the administration to be granted to some other of mean ettate, from whom them elves, or others by their means, do take deeds of gifts, and authorities by letters of attorney, whereby they ob. ain the estate of the intestate into their hands, and yet stand not juvject to pay any debts owing by the same intestate, and so the creditors, for want of knowledge of the place of habitation of the administrator, cannot arrest or fue him or her; and if they happen to find him or her out, yet, for wan: of ability in him or her to satisfy, of his or her own goods, the value of that he or she hath conveyed away or wasted, of the intestate's goods, or rcleafed of liis or her debis, the creditors cannot have or recover. their just debts : Therefore, De it further cna&led by the authority afòrefaid, That every person and perions who shall obtain, receive and have any goods or debts of any perfon dying inteftate, or a release or other discharge of any
debt or duty that belonged to the inteftate, upon any fraud as is aforefaid, or without such valuable confideration as shall amount to the value of the same goods or debts, or near thereabouts (except it be in, or towards fatisfaction of some just and principal debt, of the value of the same goods or debts to hin or her owing by the inteftate, at the time of his or her de. ceae) shall be charged and chargeable as executor of his or her own wrong, an1 in far only as all such goods and debts coming to his or her hands, or whereof he or she is released or discharged by such adıninistrator, will satisfy
deducting nevertheless, to and for himself, allowance of all just due and principal debts upon good confideration, without fraud, owing to him or her by the intestate, at the time of his or her decease, and of all cthir payments made by him or her, which lawful executors or adminiftrators may and ought to have and pay by the laws of this state.
VIII. Ad be it further enaced by the authority afircfuid, Tirat where any judgment hath been, or ball be had by or in the name of any executor or administrator ; and every such case, an administrator de bonis non, may fue forth a scire facias, and have and take execution upon such judgment.
IX. And be it further cruced by the auihority a'oresaid, Executore, and ad. That all and every the executors and administrators of any tors or administrators person or persons, who, as executor or executors, eitiier of liable for waite.
right, or in his, her or their own wrong, or as administrator or adıninistrators, hath or liave wafled or converted, or hereafier shall walte or convert any goods, chattels, estate or assets of any person decealed, to his, her or their own use, Mail be liable and chargeable, in the fame manner as his, her or their teftator or inteftate would have been, if living.
X. And bc it fi!rther coueled by the authority aforeferid, Esecutors of guar. That actions of account snall and may be brought and maindians, &c. liable to actions of account. tained against the executors or administrators of every guar
dian, bauiff, and receiver. XI. And be it further enoded by the authority aforefuid, That the executor and executors named by the testator, or person deceased, or such other perfon or persons to whom adininistration hath been or shall be committed, where any person hath died, or shall die intestate, or by way of inteftate, calling or taking to him, her or then, such person or persons, two at the leaft, to whom the said person so dying was indebted, or inade any legacy; and upon their refusal or absence, two other honest persons, being next of kin to the person fo dying; and in their default or absence, two other honest persons; and in iheir presence, and by their discretion, shall make, or cause to be made, a true and perfect inventory of all the goods, chattels, wares and inerchandize, as well moveable as not moveable, whatsoever, that were of the person so deceased, and the fame Thall cause to be indented, whereof the one part shall be, by the faid executor or executors, adminiftrator or adminifrators, presented and delivered to the judge of the court of probates, or to the surrogate in whole office the testament of such person fo dying was proved, or administration committed, upon the oath or oaths of such executor or executors, adininistrator or administrators, to be taken before the said judge or surrogate, that the fame inventory is just and true; and the other part of the same inventory shall remain with the said extcutor or executors, administrator or administrators.
CH A P. XX.
Palled 14th February, 1787.
when any murder, robbery, burglary, burning of houses, theft, or other felony, shall be committed, cries thercof shall be folemnly made immediately in all the towns, markets and places of public resort, pear where the fame
felony shall be committed, so that no man, by ignorance, may excufe him huf; and that fresh pursuit after such robbers and felons, Mall be forth with prade from town to town, and from county to county, by horsemen and fuormer, to apprehend and arrest the same robbers and felons. And further, That all men generally be ready, and armed and accoutred, at the commandment and summons of sheriifs, coroners, bailits, conítables and marínals;. and at the cry of the country, to pursue and arrest felons whenever there fall be occation, as well within franchise as without; and they who will not do so, and be thereof convicted, either in the supreme court, or before jullices authorised or afligned to hear and determine, or before the juílices of the peace, at their general sessions, in and for the city or county where fuch neg.ect hall happen, fall be punished by fine, according to the difcretion of the justices of the same court And if any sherifi, coroner, bailiff,confable or marshal, within any franchise, or without, for reward, or for prayer, or for fear, or for any manner of affinity, or for any other cause, shall conceal, or consent or procure to be concealed, any felony whatsoever, or will not attach or arrest such felons when he may, or otherwise will not do liis office, for favour to luch miidoers, or for any other cause, and be therof convicted, in any such court as aforesaid; he and they and every of them fo o fending, shall be punished by fine and imprisonment, according to the discretion of the justices of the same court.
C HA Ρ. XXI.
Palled 14th February, 1787. and affently, and it is here veraged by the authority of the fame, That the deteilable and abominable vice of buggery, committed with mankind or beall
, fhall be from henceforth adjudged felony; and such order and form of process therein, shall be used againit the offenders, as in cases of felony at the common law; and that every person being thereof convicted, by verdict, contellion or outlawry, shall be hanged by the neck, until he or frie Thall be dead.
CH A P. XXII.
Pafled 14th February, 1787.
E it enafled by the people of the flate of New-York, represented in fenade
and allembly, and it is hereby eated by the arıthority of the same, That all wilful killing by poisoning of any person or persons, done, perpetrated or committed, or that at any time hereafter shall be done, perpetrated or cominitted, shall be adjudged, taken and deemed wilful murder of malice prepence; and the oifenders therein, their aiders, abertors, procurers and counfellors, shall suffer death, and forfeit, in every behalf, as in other cases of wil. ful murder of malice prepente.
II. And be it further enated by the au'h rily aforefuid, That if any person or persons shall Itab or thrust any person or perions, that hath 110t then any weapon drawn, or that hath not then firii Aricken the party who shall to Nab or thrul, so as the person or persons fo ftabbed or thrust, shall thereof die within the space of six months iben next following, although it cannot be
froved that the same was done of milice aforethought, every such unlawful kiling all be adjudged, taken and deemed, wiful murder: And tv olienders ihu ruin, their aidcis, abeticis, procurers and counsello!s, snill tuiler death, and forfiit, in every bchait, as in other catus of wiiful murder of malice pre
Nottext nidcs any pent. But this snail not extend in any jerion or perions psion àillinn anottir who liall kill any person or personsin liis, hur or their own by mistörtune,
defence, or by misfortune, or in any other manner ihan.s
aforefaid; nor to any percon or persons who, in keeping and preserving the peace, mail cliance to kill any perioa or perfuns, iu as duch kiling be not done wittingly, willingly, and of purput', under precis and colour of keeping the pace; nor to any periun or pertons, who, in challiling or currceling his, hier or their chill, or servant, Thail, contrary cu his, her or their incent and purpoi', chance tu kill fucin child or fervant.
III. siibe it fildtiier eicon.citoyine anthuilly adjushita's That wlication vant kiile.h his mailer, or a wife her luiband, of malice prepenie, lechu:* fences hall be deemed and adjudged to be, and shall be punished as murder,
IV. di bent prins crucive iyi ile nithority ajurej in, Perforskilling others. That if any evil disposed ferfon or perfons ihall attenfa Wirder, to be acru- feloniuully to rob or murder any perlun or perfons, in or
nigh any highway, or in his or their mantion-house or dwelling-place, or Thail felonivusly attempt to break any dweling-houli in the night, and shall happen, in his or ihvir bring in such thuir filonious attempt, to be flain' by hiin, her or them, when the said evil-divas ihall is attempt to rob or murdir, or by any per.on or pertons being in the dwellinghoute, which the saine evil-docis ihall attempt barglarioully to beak bis night ; then, and in every fuch cale, if the person or rer.ors' fo) Bappening 10 kill any such person or perions, to attemping to commit any flich nur der, robbery or burglary, shall be indlicäd or appealed of or for the death ci .fuch evil-dipoled person or pertons, to atemping to commit murdi, rosbury or burglary, as aforesaid, if it he found by verdict
, that thu pary fo indicted or aprended, kiled lach evil-dipolud person or perions in Richtulonious attempt, the party to indiacd or appealed, ihall not forfeit or lose any thing for the death of fuch evil-disposed peeton, in minner aforefa faina, but thall be thereof, and for the lane, fully acquitted and discharged, in lib. manner as the fame person or persons hould be, it be, he or they were lawfully acquitted of the death of the faid evil-dit od per on or perions.
V. And be it further end by the dry refur, Performs killing piliers That upon all indictinents and appeals of or for the dead? or boy inistituile, of any person or perions, if it be found by verdil, that the be aquiited.
party indicted or appealed, killed the person or rerions for whole death lie, le or they is, are or loll be indicted or appealed, in lis, her or their own defence, or by misfortune, then, and in every such cati, the party to found by verdict to have killed the perfon or persons fir whok dea'h he, the or they is, are or shall be indicted or appealed, in iris, her or their own defence, or by in sfortune as aforefail, ihall not foriit or lo ap; thing for the death of the fame person or perions, fol. l, both buskere of, and for the faine, fully acquited and discharged.
VI. chindle it furier Cord brilie oudvily ofertelen, Pelmefilling to That upon all indictments and appeais, of or for ile de::.!!
tems, cor i of any pero or pericns, if it be found by verdict, that she . Ur in Tuppreins pary is tud or appealed happened to kill the nation
persons for who e deat, he, C12 or they is, are or shall be
indicted or appealed, in attempting or endeavouring, by any lawful ways or means, to apprehend, take or arreit the fame person or perfors, for any treason or felony done and committed, or hereafter to be done and committed, or in the lawsul defence of his, her or their husband, wite, parent, child, mafter, mistress or servant, or in fupprefiing any riot, or in keeping and preserving the peace, or in lawfully challising or correcting his, her or their child or fervant; then, and in every such case, the party so found by verdict to have killed the person or persons for whose death he, she or they is, are or shall be indicted, orappealed, shall not forfeit or lose any thing for the death of the fame person or persons so killed, but shall thereof, and for the fame, be fully acquitted and di charged.
С НА Р. XXIII. An ACT for prevening and furishing Rates, and the forcible taking of
Palled : 4th February, 1787. 1. B В
E icrailca by tire people of the fate of New-iork, represented in fenale
and atenby, and ii is hereiy erueled by the authoriy of the jume, That ? ???y person shall unlawfully and carnally know and abulė any wom:in child, under the age of ten years, every such unlawful and carnal knowledge, ball be dieemed and adjudged to be a rape and felony; and every offender, being thereof duly convicted or atta nted, shall suffir death for the same.
Jl. Indle it firtier circled by the authurily ajireluid, That if any person fal, by force, ravish a married woman, or maid, or any other woman, it Malibe deemed and adjudged felony; and every oilender, being thereof duly conviétud or attainted, Ihall suffer death for the same. And in all cases of rape, the ofenders may be prosecuted and punished at the suit of the people of this state, as well as by appeal at the suit of the party.
III. And where?s women, as well maidens as widows and wives, having fubitance, some in goods moveable, and fome in lands and tenements, and fome being heirs apparent unto their ancestors, for the lucre of such substance, be sometimes taken by mifloers, contrary to their will, and afterwards married to such misdoers, or to others by their afient, or defiled ; For prevention whereot, Be it further enced by the authority afirefaid, That if any person or persons fhill take any woman so againit her will unlawfully; That is to say, Maid, widow or wife, such taking, and the procuring and abetting to the fame, shall be felony; and every orender, being thereof duly convicted or attainted, small lufter death for the fame. And that such mildloers, takers, procurators and abbetors to the fame, in form aforesaid, Tall be reputed and judged as principal felons ; but this clause of this act shall not extend to any person taking any woman, only claiming her as his ward, or bond-woman.
CH A P. XXIV.
Palled 14th February, 1787.
and alonly, a: dit is hereby enacted by the authority of the fame, Thar be court of admiralty of this ilue, Mall not meddle or hold plea of any