Gambar halaman
PDF
ePub

allowed to act

of the roll of attornies, and from the time of such conviction, be disabled to practise in such court. And further, That as well the same attorney as he who shall sue out any such writ, or coininence, prosecute or de tend any such action or suit, shall each of them forfeit, for every such ofience, the ium of twenty pounds; the one moicty thereof to the people of this state, and the other moiety thereof to the party grieved; to be recovered by action of debt, bill, plaint or information, in any court of record. What persons not

XI. And be it further enuced by the authority a/brejuid,

as That from and after the firli day of May next, no clerk, or Holicitors, advocate or register, or deputy register, of any court, nor any examiner, proctors.

or master of the cou:t of chancery, shall act as a countellor, attorney, solicitor, advocate or proctor, in any fuit, action or matter in the fame court; and that no under heriff, sheriff's clerk, coroner or bailiff, Ihall, during his continuance in office, act as counellor, attorney, folicitor, advocate or proctor, in any court whatsoever. Provided nevertheles, That every such clerk, regiiter or deputy register, examiner, or matter of the courroi chancery, who now practices as counsellor, attorney, foliciior, advocate or proctor, shall and may proceed to profccute fuch actions and suits, in which he now is, or before the firit day of may next, fhall be attorney or record, folicitor or proctor, until such suit or acton is finally concluded.

1. BE

CH A P. XXXVI.
An A CT concerning Tenures.

Pafled 20th February, 1787.
E it enaded by the people of the fate of Ne-York, represested in dezate

and affenbly, and it is hereby enaded by the a tho i yol the jame, That it shall forever hereafter be lawful for every freeho'der to give, feil or alien the lands or tenements whereof he or she is, or at any time hereafter shall be, feifed in foe fimple, or any part thereof, at his or her pleasure, fo always that the purchaser shall hold the lands or tenements o given, fold or alienec, of the chief lord, if there be any, of the fame fie, by the same services and cultoms by which the person or perfons making fuch gitt, file or alienation, before held the same lands or tenements. And if such treeholder give, iell or alien only a part of such lands or tenements, to any, the frotee or alienee Tall immediately hold such part of the chief lord, and shall be forth with charged with the services for fo much as pertaineth or ought to pertain to the faid chief lord, for the same parcel, according to the quantity of the land or tenement so given, fold or aliened; and to in this cale, the faire part of the service shall remain to the lord to be taken by the hands of the feo: et or alience, for which he or she ought to be attendant and answerable to the same chief lord, according to the quantity of the land or tenement given, fold or aliened, for the parcel of the service fo due.

II. Aird be it further enažied by the authority aforcfiid, That all wardlips, liverius, primer seifins and oufterlemains, values and forfeitures of marriage, by reason of any tenure by knights service, and all mean rates, and all other gifts, grants and charges incident or arising for or by reason of warda ships, liveries, primer feisins or ousterlemains, Ihall be, and hereby are declared to be taken away and discharged, from the thirtieth day of Augu:t, in the year of our Lord one thousand fix hundred and fixiy-four: And that 21 fines for alienations, seifures and pardons for alienssons, tenure by homage,

ned into

free and

and all charges incident or arising for or by reason of wardhip, livery, priz mer feisin, ouiterle.nain, or tenure by knights service, escuage, and also relief, and aid pur file marrier, and pur fair fiz chivalier, and all other charges incident thereunto, shall be, and hereby are likewise declared to be taken away and discharged from the faid thirtieth day of August, in the year of our Lord one thousand fix hundred and fixty-four ; and that all tenures by knights service, and by knights service in capite, and by foccage in capite, and the fruits and consequenis thereof liappened, and which shall or may hereafter happen or arile thereupon or thereby, shall be, and hereby are declared to be taken away and discharged, and forever abolished; any law, ftatue, cu tom or usage to the conrary thereof in any wife notwithulanding.

III. And be it further enufied by the authority aforefund, A!! tenures of any That all tenures of any honours, manors, lands, tene09 4 h July, 4776, tur, inents or hereditaments, or of any estate of inheritance at cuinmon focage.

the common law, held either of the king or of any other

person or persons, bodies politic or corporate, at any time before the fourth day of July, in the year of our Lord one thousand seven hundred and leventy-fix, are hereby declared to be turned into free and com: mon foccage, to all intents and purposes, and fall be construed, adjudged and deemed to be free and common foccage from the time of the creation thereof, and forever thereafter; and that the same honours, manors, lands, teneinents and hereditaments, fall forever hereafter stand and be discharged of all ten ure by homage, cscuage, voyages royal and charges for the same; wardships incident to tenure by knights fèrvice, and values and forfeitures of marriage, and all other charges incident to tenure by knights service, and of and from relief, aid pur file marrier, and aid pur fair fitz chivalier ; any law, statute, ufage or cullom to the contrary in any wise notwithftandinga

IV. id ve it firther endded by the authority aforefaid, That all conveyances and devist's of any manors, lands, tenements or hereditaments, at any time heretofore inade, Mhall be expounded to be of such efect, as if the fame manors, land, tcnements and hereditaments had been then held, and continued to be holden in free and common foccage only; any law, statute, feuftom or usage to the contary hereof in any wile notwithstanding.

V. Proridanus, and be il furtier enabled by the authority aforesaid, That this act, or any thing herein contained, shall not take away, norbe construed to take away or discharge, any rents certain, or other services incident or belonging to tenure in common foccage, due or to grow due to the people of this ttate, or any mean lord, or other private person, or the fealty or distrelles incident thereunto.

VI. And be it further enabled by the authority aforesaid, Tenuta of lande That the tenure upon all gifts, grants and conveyances herebo by allolial, and not to fore made, or hereafter to be made, of any manors, lands,

tenements or hereditaments, of any cítate of inheritance, by any letters patent under the great feal of this state, or in any other manner, by the people of this state, or by the commiflioners of forfeitures, shall be and remain allodial, and not feudal, and shall forever hereafter be taken and adjudged to be and continue in free and pure allodium only; and shall be forever discharged of all ward'hip, value and forfeiture of marriage, livery, pri. mer seisin, oulterlemain, reliefi aid pur file marrier, aid pur fair fitz chivalier, rents, renders, fealty, and all other services whatsoever; any law, Natute, reservation, custom or vage to the contrary hereof in any wise notwithftanding.

feudal.

[ocr errors]
[ocr errors]

С НА Р. XXXVII.
An ACT concerning Ofes.

Pafled 20th February, 1787 1.

E it enabled by the people of the fate of New-York, reprefèn'edin fenate That where any person or persons stand or be feited, or at any time hereafter snall fland or be feited of and in any manors, mesluages, lands, lenements, rents, services, revertions, remainders or other hereditainents, to the use, confidence or trult of any other perfon or persons, or of any body policic, by reason of any bargain, fale, feoftiment, fine, recovery, covenant, contract, agreement, will or otherwise, by any manner of means whatsoever; in every such case, all and every fuch person and persons, and bodies politic that haye, or hereafter shall have, any such ule, confidence or trust

, in fee iimple, for term of life or of years, or otherwise, or any use, confidence or fruft, in remainder or reversion, shall from henceforth stand and be feised, deemed and adjudged, in lawful feifin, estate and pofie Tion of and in the lame manors, mesfuages, lands, tenements, rents, lervices, reversions, reinainders and hereditaments, with their appurtenances, to all intents, conItructions, and purposes in the law, of and in such like eitates, as they had, or shall have, in use, iruit or confilence, of or in the fame; and that the ettate, . title, right and poliellion that was or shall be in such person or persons that were or hereafter shall be seifed of any lands, tenements or hereditaments, to the u'e, confidence or trult, of any such person or persons, or of any body politic, be from henceforth clearly deemed and adjudged to be in hiin, her or them, that have or hereafter shall have such use, confidence or trust, after such quality, manner, form and condition, as they had before, in or to the use, confidence or trust that was or shall be in them. And further, That where divers persons be, or hereafter shall be jointly feised of and in any lands, tenements, rents reversions, reir ainders or other hereditaments, to the uri, confulence or trust, of any of them so jointly feited, in every such case the person or persons who have, or hereafter shall have, any such ule,confidence or fut, in any such lands, tenements, rents, revertions, remainders or herednaments, thall from lienceforth have, and be deemed and adjudged to have, only to him or them that have, or herenfier shall have, suchi ule, confidence or trust, such eftate, poliertion and feisin of and in the same lands, tenements, rents, reverfions, remainders and other hereditaments, in like nature, manner, forin, condition and course, as he or they had before, in the uie, confidence or truft of the fame lands, tenements, rin's, reversions, remainders or hereditaments; saving and reserving to all and fingular persons and bodies politic, their heirs and successors, other than the person or persons who be feifed, or hereafter fall be feised of any lands, tenements or hereditaments, to any use, confidence or trust, all such right, title, entry, interelt, poffefsion, rents and action, as they, or any of them had, or might have had, before the making of this act; and saving and reserving also, to all and singular those persons, and to their leirs, who be, or hereafter shall be feised to any use, all such foriner right, title, entry, interest

, possession, rents, customs, services and action, as they, or any of them, might have had, to his or their own proper use, in or to any manors, lands, tenements, rents or hereditaments, whereof they be, or hereafier shall be feiled, to any other uit, as if this act had never been made.

II. diru be it further enated by the tiwthority aforesaid, That where any person or persons, ftand and be filed, or hereafter shall stand and be feised of

Aaa

and in any lands, tenements or hereditaments, in fee fimple or otherwise, ta the use or intent that some other person or persons shall have and perceive yearly to them, and to his or their heirs, one annual rent of ten pounds, or more or lets, out of the same lands, tenements and hereditaments, and some other person or persons one other annual rent to him or them and their afligns, for term of life or years, or for some other special time, according to such intent and use as heretofore hath been, or hereafter shall be declared, limited and made thereof, in every such case, the fame persons, their heirs and afligns, and every of them, who have such use and interest, to have and perceive any such annual rents, out of any lands, tenements or hereditaments, shall be adjudged and deemed to be in polietion and feisin of the fame rent, of and in such like estate as they had in the title, interest or use of the faid rent or profit, and as if a suficient grant or other lawful conveyance had been made and executed to them, by such as were or shall be feised, to the use or intent of any fuch rent to be had, made or paid, according to the very trust and intent thereof; and that all and every such person and persons as hiave or hereafier shall have any title, use and intereft, in or to any such rent or profit, shall lawfully distrain for non-payment of the said rent, and in their own names make avowries, or by their bailiffs or servants make cog: nizances and justifications, and have all other fuits, entries and remedies for fuch rents, as if the fame rents had been actually and really granted to them, with sufficient clauses of distress, re-entry or otherwise, according to fuch conditions, pains, or other things limited and appointed, upon the trust and intent, for payment or furety of such rent.

III. And be it further enabled by the authority aforesaid, The ceftui quae ufe That all and fingular person and persons, and bodies polimges u his feoffices tic, which have or Thall have any estate unto them execuInight bave had.

ted, of and in any lands, tenements or hereditaments, by the authority of this act, shall and may have and take the fame or like advantage, benefit, voucher, aid-prayer, remedy, commodity, and profit, by action, entry, condition, or otherwilé, to all intents, confructions and purposes as the person or persons feised to their use, of or in any such lands, tenements or hereditaments fo executed, had, should, might, or ought to have had at the time of the execution of the estate thereof, by the au: hority of this act, against any other person or persons, of or for any wafte, difieifin, trespass, condition broken, or any other offence, cause or thing, concerning or touching the said lands or tenements, fo executed by the authority of this act.

IV. And be it forther enaged by the authority aforesaid, Lands Kable mex. That ir saall and may be lawful for every sheriff, and other unents against celui officer to whom any writ or precept is or shall be directed,

at the suit of any person or persons, of, for and upon any judgment or recognizance, made or bad, or hereafier to be made or had, to do, make and deliver execution unto the party in that behalf suing, of all such lands, tenernents, rents and hereditaments, as any other person or perfons be, in any manner of wise feised or pollefled, or hereafter shall be feifed or poflefTed, to the ule or in trust for him against whoin execution is so fued, like as the heriff or other officer might or ought to have done, if the said party against whom execution is or ñall be fo fued, had been feised of such lands, tenements, rents or other hereditaments, of such estate as he is or shall be feired of, in the use or trust, at the time of the said execution sued; and Tuch lands, tenements, rents, and other hereditaments, by force and virtue of wch execution, 'hall accordingly be held and enjoyed, freed, and discharg

quc ute, &c.

led of all incumbrances of such person or persons as are or shall be fo feised or pofteiled, to the use or in truff for the person against whom such execution is or shall be sued; and if any person intitled to, or having any such use or truit, hath devised, or shall devise the fame, by his last will, or hath died, or shall die intestate leaving the fame to descend to his heirs; the fame shall be liable to the debts of the testator or intestate, and deemed and taken to be afsets in the hands of the heirs or devilees, who shall be chargeable for the same, in like manner as they are by law chargeable and liable in cases where lands or tenements descend, or are devised to them, and not otherwise.

V. And be it further ended by the auihuri'y afored, That every estate, feoffmnent, gift, release, grant, lease and confirmation of lands, tenements, rents, services or hereditaments, made or had, or hereafter to be made or had, by any person or perfons, being of full age, of found mind, at large, and not in duress, to any person or persons, and all recoveries and executions had or made, or to be had or made, thall be good and erectual to him, lier or them, to whom it is fo made, had or given, and to all others, to his, her or their use, against the feller, feoffor, donor or grantor thereof, and again ihe fellers, feoffors, donors or grantors, his, her and their heirs, claining the fame only as heir or heirs to the same sellers, feoffors, donors or grantors, and every of them, and against all others having or claiming any title or interest in the same, only to the use of the same seller, feoffor, donor or grantor, sellers, feoffors, donors or grantors, or his, her or their faid heirs, at the time of the bargain, fale, covenant, gift or grant made.

CH A P. XXXVIII. A: ACT for settling Inteftates Epates, proving Wills, and grming tak

miniftrations.

Passed 20th February, 1787.

[ocr errors]

and afembly, and it is hercby enačied by the authorily of the fane, That adminiftration of the goods, chattels and credits of any person dying inteftate, shall be committed or granted to the widow, or next of kin of the intestate, or to fome or one of them, if they, or any; or either of thein will accept the same; and if neither of them will accept the same, then to such other proper person or persons as will accept the same; and such adminiftrators shall have the benefit, and incur the charge of, and be accountable as executors.

II. And be it further enašicd by the authority aforesaid, Distribution to be That just and equal distribution of what remaineth clear, of et kin to thie inteli the goods and personal estate of any person dying intestate,

after all debts, funeral charges, and just expences of every fort first allowed and deducted, shall be made amongit the wife and childreri, or childrens children, if any such there be, or otherwife to the next of kilidred to the intestate, in equal degree, or legally representing their stocks, each according to his or her respective right, pur fiant to the laws in fuch cases, and the rules and limitations herein afier fer down.

III. And be it further enacted by the authority aforcs.id, In what manner That the whole surplusage of the goods and personal estate such distribution to be made.

of every person dying inteftate, shall be distributed in manner and form following; That is to say, One third part of the suiplulage to the wife of the inteftate, and all the residue, by equal portions, to and amongst

rate.

« SebelumnyaLanjutkan »