X. And be it further enacted by the authority aforefaid, That in all cafes where a caveat fhall be entered in the office of any fuch furrogate, or any objection be made againft the proving of any will, or granting of adminiftration of the goods, chattels and credits of any perfon, who is or fhall be an inhabitant of the county for which fuch furrogate fhall be appointed and commissioned, such furrogate fhall cause the parties and witneffes to be cited to appear before him, and hear and determine the matter in controversy ac cording to law, and grant and iflue fuch probates, letters teftamentary or adminiftrations, as fhall be agreeable to law and juflice; faving to every one conceiving him, heror themfelves aggrieved, his, her and their right of appeal to the judge of the court of probates of this state, so as fuch appeal be taken within fifteen days next after the order or fentence appealed froin be made. o perfons dying our XI. Ad be it further enacted by the authority aforefind, Judge of probates That in all cafes of perfons dying out of this ftate, or of per prove wills, and grant administrations fons dying within this ftate, not inhabitants of this flate, of the state, or who their wills fhall be proved before, and adminiftrations of their perfonal eftates, when neceflary, be granted by the judge of the court of probates of this flate, in the manner heretofore used, and before or by no other perfon. are not inhabitants. adininiftration is granted. XII. And be it further enacted by the authority aforefaid, That the judge of the court of probates of this flate, and the furrogates of each of the ref pective counties of this ftate, and every of them, for the time being, fhall Bonds to be taken and may, upon their respective granting and committing of perfons to whom of adminiftration of the goods of perfons dying inteftate, take of the respective perfon or perfons to whom fuch adminiftration fhall be committed, except where adminiftration fhall be granted to a husband, of the goods, chattels and credits of his wife, fufficient bonds, with two or more able fureties, to the people of the flate of New-York, in fuch penalty as the faid judge or furrogate fhall think reasonable, refpect being had to the value of the eftate; with condition as follows, to wit: THE Laid HE CONDITION of this obligation is fuch, That if the above bound adminiflrator of all and fingular the goods, chattels and credits of deceased, do make, or caufe to be made, a true and perfect inventory of all and fingular the goods, chattels and credits of the faid deceafed, which have or fhall come to the hands, poffeffion or knowledge of the or into the hands or poffeffion of any other perfon or perfons for the faid and the fame fo made, do exhibit, or cause to be exhibited (where fuch bond fhall be taken by the judge of the court of probates) into the regiftry of the court of probates of this ftate (but where fuch bond fhall be taken by a furrogate) into the office of the furrogate of the County of at or before the expiration of fix calendar months from the date of the above written obligation, and the fame goods, chattels and credits, and all other goods, chattels and credits of the faid deceased, at the time of death, which at any time after fhall come to the hands or poffeffion of the faid or into the hands or poffeffion of any other perfon or perfons for the faid do well and truly adminifter according to law; and further, when thereunto lawfully required, do make, or caufe to be made, a juft and true account of adminiftration; and all the reft and refidue of the faid goods, chattels and credits, which fhall be found remain. ing upon the faid adminiftrators account, the fame being firft examined and allowed of by the judge of the court of probates of this ftate for the time of forfeiture of the any fuch Which bonds fhall be good, to all intents and purposes, Proceedings in eafe and pleadable in any cours of juftice. And in cafe bonds fhall become forfeited, it fhall and may be lawful for the judge of the court of probates of this ftate, to caufe the fame to be profecuted in any court of record, at the request of any party grieved by fuch forfeiture; and the monies recovered upon fuch bond fhall be applied towards making good the damages fuftained by the not performing the faid condition, in fuch manner as the faid judge fhall, by his fentence or decree, direct. And further, That it fhall and may be lawful to and for the judge of the court of probates of this ftate, to call fuch adminiftrators to account for and touching the goods, chattels and credits of any perfon dying inteftate, and upon hearing and due confideration thereof, to order and make just and equal diftribution of what remaineth clear, after debts, funeral charges and juft expences of every fort, firft allowed and deducted, according to the laws in fuch cafes, and the rules and limitations in this act mentioned; and the fame diftributions to decree and fettle, and to compel fuch adminiftrators to obferve and pay the fame by due courfe of law; and alfo to hear and determine all caufes touching any legacy or bequeft in any laft will and teftament, payable or coming out of the perfonal eftate of the teftator, and to decree and compel payment thereof; faving to every one fuppofing him, her or themfelves aggrieved, his, her and their right of appeal. XIII. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall neglect or refufe to perform any fuch fentence or decree of the judge of the court of probates of this ftate, it fhall and may be lawful to and for the judge of the faid court for the time being, to caufe fuch perfon or perfons, by procefs directed to any sheriff of any county of this ftate, to be taken and imprifoned until he, fhe or they fhall perform the fame fentence or decree; and every fheriff is hereby directed to caufe all fuch procels to him at any time directed, to be duly executed, and to confine the perfons against whom fuch procefs fhall be iffued, as in execution, until they hall be delivered by due course of law; and if any fheriff shall neglect his duty therein, he fhall be anfwerable to the party grieved, in fuch manner as he would be answerable upon process of the like nature iffuing out of the fupreme court. be made until the ex XIV. And be it further enacted by the authority aforesaid, No diftribution to That no diftribution of the goods, chattels and credits of piration of one year. any perfon dying inteftate, fhall be made until after one year be fully expired after granting adminiftration thereof; and that each and every one to whom any diftribution and fhare fhall be allotted, or any legacy ar bequest paid or delivered, fhall give bond, with fufficient fureties, to the adminiftrators or executors, that if any debt or debts truly owing by the inteftate or tellator, as the cafe may be, fhall be afterwards fued for and recovered, or otherwife duly made to appear, and which there fhall be no other aflets to pay; that then, and in every fuch cafe, he or the fhall, respectively, refund and pay back to the adminiftrators or executors, his or her rateable part of fuch debt or debts, and of the costs of fuit and charges by reafon of fuch debt or debts, out of the part and fhare fo allotted to him or her, or oig of fuch legacy, thereby to enable the faid adminiitrators or executors ta fatisfy fuch debt or debts. XV. And be it further enacled by the authority aforefaid No adminiftrator or That no adminiftrator or executor fhall be cited to the faid to render an account, court of probates, to render an account of the perfonal ef rainor, or at the in- tate of his inteftate or teftator, otherwife than by an invenItance of a party in- tory or inventories thereof, unless it be at the inftance or profecution of fome perfon or perfons in behalf of a minor, or having a demand out of fuch perfonal eftate, as a creditor, legatee, or next of kin, nor be compellable to account before the faid court, otherwife than as is aforefaid; any thing in this act, or any law, ufage or custom to the contrary notwithitanding. executor to be cited unlefs in behalf of a bereited. tion is granted with XVI. And be it further enacted by the authority aforefaid, Where adminiftra. That in all cafes where any adminiitration fhall be granted, the will annexed, the with a will or teftament annexed, either by the judge of the will to be obferved. court of probates of this ftate, or by any furrogate of any county of this flate, the will of the deceafed in fuch teflament expreffed, fhall be obferved and performed. And further, That all former proceedings according to the provifions of fuch laws as were in force before the palling of this act, and all rights and claims agreeable to the provifoes of this. act, fhall be, and hereby are confirmed. [The 17th tection of this act is repealed, 12th feff. ch. 25. fec. 8.] tacor or inteftate do to be allowed. XVIII. And be it further enacted by the authority aforefaid, If goods of the tef. That wherever it fhall appear to the furrogate, by the oath not exceed 151. noices of the perfon applying for letters teftamentary or letters of adminiftration, that the goods, chattels and credits of the teftator or inteftate, do not exceed in value the fum of fifteen pounds, no fees fhall be exacted by or paid to the furrogate, on granting letters teftamen-. tary, or letters of adminiftration, of the goods, chattels and credits of fuch teftator or inteftate; any thing herein before contained to the contrary thereof in any wife notwithstanding. XIX. And be it further enacted by the authority aforefaid, That the feveral acts of the legislature of the late colony of New-York, For the fupervifing inteftates eftates, and regulating the probate of wills, and granting letters of administration, and for extending the fame to feveral counties; and, For the better fettling of inteftates eftates, fhail be, and hereby are repealed. XX. And be it further enacted by the authority aforefaid, That the courts of the faid furrogates, and the faid court of probates, in the matters fubmitted to their cognizance refpectively by this act, fhall proceed according to the courfe of the courts having by the common law jurifdiction of the like matters: Provided, That the fame fhall not be conftrued to extend to the inflicting any ecclefiaftical pains or penalties whatsoever. t May, 1787. Judge of probates to XXI. Provided always, and be it further enacted by the exercile former pow ers until the first of authority aforefaid, That it fhall and may be lawful for the judge of the court of probates, and the furrogates in the feveral counties within this ftate, to continue to exercife the like powers they were refpectively vefted with immediately before the palling of this act, until the first day of May next. WH CHA P. XXXIX. An ACT for the better fecuring the Liberty of the Citizens of this State, and for Prevention of Imprisonments. Paffed 21ft February, 1787. HEREAS great delays have been used by fheriffs, gaolers and other officers, to whofe cuftody perfons have been committed for criminal, or fuppofed criminal matters, in making return of writs of habeas corpus to them directed, and by other fhifts to avoid their yielding obedience to fuch writs, contrary to their duty and the known laws of the land, whereby many perfons have been, and hereafter may be long detained in prifon, in fuch cafes where by law they are bailable, to their great charges and vexation; For the prevention whereof, and the more speedy relief of all perfons imprisoned for any fuch criminal, or fuppofed criminal matters: Sheriffs, gaolers and I. Be it enacted by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That whenfoever any perfon or perfons fhall bring any habeas others to return writs corpus directed to any fheriff, gaoler, minifter or other perof habeas corpus with fon or perfons whatfoever, for any perfon in his or their in a certain tine. custody, and the faid writ fhall be ferved upon the faid officer, or other perfon or perfons, or left at the gaol or prifon, with any of the under officers, under keepers, or deputy of the faid officers or keepers, that the faid officer or officers, his or their under officers, under keepers, or deputies, or other perfon or perfons, fhall, within three days after the fervice thereof as aforefaid (unless the commitment aforefaid were for treafon or felony, plainly and fpecially expreffed in the warrant of commitment) upon payment or tender of charges of bringing the faid prifoner, to be afcertained by the judge or court that awarded the fame, and indorfed upon the faid writ, not exceeding twelve pence per mile, and upon fecurity given, by his own bond, to pay the charges of carrying back the prifoner, if he shall be remanded by the court or judge, to which he fhall be brought, according to the true intent of this act, and that he will not make any efcape by the way, make return of such writ, and bring or caufe to be brought the body of the party fo committed or reftrained, unto or before the chancellor of this ftate for the time being, or the juftices of the fupreme court, or unto or before fuch of them before whom the faid writ is made returnable, according to the command thereof, and fhall then likewife certify the true caufes of his detainer or imprisonment, unless the commitment of the faid party be in a place beyond the diftance of twenty miles from the place or places where fuch court, or perfon is or fhall be refiding; and if beyond the distance of twenty miles and not above one hundred miles, then within the space of ten days; and if beyond the distance of one hundred miles, then within the fpace of twenty days after fuch delivery as aforefaid, and not longer. II. And to the intent that no fheriff, gaoler, or other officer may preten! ignorance of the import of any fuch writ; Be it further enacted by the atBbb thority aforefid, That all fuch writs fhall be marked in this manner, «By the ftatute," and be figned by the perfon that awards the fame; and if any perfon or perfons fhall be or fland committed or detained as aforefaid, for any crime, unless for treafon or felony plainly expreffed in the warrant of commitment, in the vacation time, and out of term, it fhall and may be lawful to and for the perfon or perfons fo committed or detained (other than perfons convict, or in execution by legal procefs) or any one on his or their behalf, to apply or complain to the chancellor, or any one of the juftices of the fupreme court; and the faid chancellor or juflices, or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwife, upon oath made that fuch copy or copies were denied to be given by fuch perfon or perfons in whofe cuftody the prifoner or prifoners is or are detained, are hereby authorised and required, upon requeft made in writing, by fuch perfon or perfons, or any on his, her or their behalf, attefted and fubfcribed by two witneffes who were prefent at the delivery of the fame, to award and grant an habeas corpus, under the feal of fuch court whereof he fhall then be one of the judges, to be directed to the officer or officers, or perfon or perfons in whofe cuftody the party fo committed or detained fhall be, returnable immediately before the faid chancellor or juftice of the faid fupreme court; and upon fervice thereof as aforefaid, the officer or officers, his or their under officer or under officers, under keeper or under keepers, or their deputy, or perfon or perfons in whofe cuftody the party is fo committed or detained, fhall, within the times refpectively before limited, bring fuch prifoner or prifoners before the faid chancellor, or juftices of the faid fupreme court, or one of them, before whom the faid writ is made returnable; and in cafe of his abfence, before any other of them, with the return of fuch writ, and the true caufes of the commitment and detainer, and thereupon, within two days after the party fhall be brought before them, the faid chancellor, or fuch juftice before whom the prifoner fhall be brought as aforefaid, fhall difcharge the faid prifoner from his imprisonment, taking his or their recognizance, with one or more furety or fureties, in any fum according to their difcretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the fupreme court the term following, or at the next general fellions or gaol delivery of and for fuch county, city or place, where the commitment was, or where the offence was committed, or in fuch other court where the faid offence is properly cognizable, as the cafe fhall require, and fhall then certify the faid writ, with the return thereof, and the said recognizance or recognizances, into the faid court where fuch appearance is to be made, unlefs it fhall appear unto the faid chancellor, or juftice or juftices, that the party fo committed, is detained upon a legal process, order or warrant, out of fome court that hath jurifdiction of criminal matters, or by fome warrant figned and fealed with the hand and feal of any of the faid juftices, or fome jullice or juftices of the peace, for fuch matters or offences, for the which, by If a prifoner neg the law, the prifoner is not bailable. But if any perfon leets applying for two fhall have wilfully neglected, by the space of two whole pus to be granted in terms after his imprisonment, to pray a habeas corpus for his enlargement, fuch perfon fo wilfully neglecting, fhall not have any habeas corpus to be granted in vacation time, in pursuance of this act. terins, no lab-as cor the vacation. III. And be it further enacted by the authority aforefaid, That if any officer er officers, his or their under officer or under officers, under keeper or under |