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ill. And be it further cracled by the authority aforesaid, That after the dif solution of any marriage has been pronounced by virtue of this act, it shall not be lawful for the party convicted of adultery, to re-marry any person whatsoever ; and that every such re-marriage shall be null and void; but that the other party may make and complete another marriage, in like manner as if the party convicted was actually dead; any law, usage or custom to the contrary thereof in any wise notwithstanding.
С НА Р. LXXI. 16th fest. ch. 31. An ACT to repeal Part of an del, c:titled, I An Aci for granting a more effcaual Relief, in Cases of certain Trepales.
Passed 4th April, 1787.
and nfembly, and it is hereby enacted by the authority of the same, That se inuch of the act aforesaid, as is contained in the words following, to wit: “ And if any such action shall be brought in any inferior court within this « flate, the fame shall be finally determined in such court; and every such " action shall be considered as a transitory action ; that no defendant or “ defendants shall be admitted to plead in justification, any military order or “ command whatever, of the enemy, for such occupancy, injury, destruction,
purchase or receipt, nor to give the fame in evidence on the general issue," be, and the fame is hereby repealed.
CH A P. LXXII. An ACT for prcrcnzing Suits being brought in the Supreme Court, for any Debt or Sim not exceeding One Hundred Pounds.
Paffed 5th April, 1787. HEREAS there now are, and long have been, courts of record in have occasion to fue for debts or wrongs, may, with small expence, receive jufice according to the merits of their causes : And whereas the prosecution of fuits in the supreme court of this state, is necessarily attended with great charge and trouble, as well as loss of time to the suitors, who in many in. Itances live at places remote from the said court; Therefore,
1. Be it enacted by the people of the fate of Ner-York, represented in senate, and afëmbly, and it is hereby enade by the authority of the fame, That if
If the plaintiff docs in any personal action or fuit already commenced, and now not recover above 201. depending, or hereafter to be commenced and prosecuiid
in the said supreme court, the plaintiff shall not recover
above the sum of twenty pounds, besides costs, then, and in every such case, the plaintiff Mall not be entitled to, or recover any costs of fuit, but shall pay coits to the defendant, thereupon to be taxed; and the defendant shall, in fuch case, have judgment and execution for such cofs, in the same manner as if a verdict had been given for such defendant. And further, That if in any personal action or suit already commenced, and now depending, or hereafter to be commenced and profecuted in the said fupreme court, the plaintiff or plaintiffs Mall recover a judginent in such suit or action, in his, her or their favour, for a debt or fun, which, exclusive of cofis, mall be upwards of twenty pounds, and not exceed one hundred pounds, then,
he to the delendant.
and in every such case, the plaintiff or plaintiffs shall be entitled to, and recover 10 more or other costs than he, she or they would have been entided to, if such fuit or action had been cominenced and determined in any mayor's court, or court of cominon pleas in this state. Provided al ways, That such costs shall not exceed the sum of ten pounds : And provided also, That in all cases where any suit or action commenced, in either of the mayor's courts, or courts of common pleas, hath been or shall be removed into the fupremo court, by or at the initance of the defendant, if the plaintiff shall obtain a judgment therein, for any fum exceeding ten pounds, besides costs, then the plaintiff'in every such case, shall have and recover costs of suit in the faid supreme court, together with the costs in such mayor's court, or court of common pleas, including all such expences as the same plaintiff shall have been put to in the prosecution of such fuit.
H. And be it further enalled by the authority aforesaid, No personal action That no personal action or suit now depending, or hereafLaprene court, where ter to be commenced in any mayor's court, or court of poh demand does sist exceed tool. common pleas in this state, upon any bond or specialty, or
for any other inatter, cause or thing whatsoever, where the fum mentioned in the condition of such bond or specialty, with the interett thereof, or the matter or thing in demand, fuit or controversy, shall not exceed the fum of one hundred pounds, current money of this state, shall be stayed or reinoved into the supreme court, by any writ of habeas corpus, certiorari, or other writ or process whatsoever, other than writs of error or attaint.
III. And be it further ennåled by the authority aforesaid, No halseas corpus to That no writ or writs of habeas corpus, or any other writ terlocutory judgment, or writs, sued forth or to be sued forth, by any person or the future vorn to try persons whomsoever, out of the said fupreme court, to re
move any action, suit, plaint or cause, depending or to be depending in any mayor's court, or court of common pleas in this state, shall be received or allowed by the judge or judges, officer or officers, of the court wherein or to whom any such writ or writs Thall be directed or offered to be delivered; but that he and they shall and may proceed in the said cause or causes, as though no such writ or writs were sued forth or delivered to him or them, unless the said writ or writs be delivered to the judge or judges, officer or officers, of the said court, before any interlocutory or other judgment entered in the faid cause, and before that the jury
which is to try the cause in question, between the party or parties plaintiffs, and the party or parties that sued forth the said writ or writs, or for whose benefit the said writ or writs is or shall be sued forth, have appeared, and one of the said jury fworn to try the faid cause.
IV. And bc it further enacted by the authority aforesaid, No cause to be again. That if any action, suit, bill, plaint or cause, which is or
shall hereafter be brought, commenced or depending in any
of the mayor's courts, or courts of common pleas in this Hate, shall be removed or stayed by any such writ or writs, or process, to be fued forth or out of the said supreme court, and the same action, suit, bill, plaint or cause, snall afterwards be remanded or fent back again, by any writ or writs of procedendo, or other writ whatsoever, that then the said action, fuit, bill, plaint or cause, Mall never afterwards be removed or stayed before judgment, by any writ or writs whatsoever, to be sued forth or out of the faid fupreme court.
V. And be it further cnatied by the authority aforesaid, That no writ of habeas corpus or certiorari, or other writ or process whatsoever, shall be granted or sued forth, or out of the said supreme court, to remove any action, fuit, bill, plaint or cause whatsoever, out of any of the mayor's courts, or courts of common pleas in this state, unless the same writ or proceis be figned with the proper hand of one of the justices of the said fuprema
VI. And be it further enacted by the authority aforesaid, That if any writ or writs whatsoever, shall be granted or sued forth, or out of the said supreme court, contrary to the true intent and meaning of this act, that then it shall and may be lawful to and for the judge or judges, officer or officers, to whom such writ or writs shall be directed or delivered, to disallow and refuse the fame; and they are hereby directed and required to proceed, as if no such writ or writs had been granted or sued out or forth as aforesaid.
VII. And be it further enaded by the authority aforefuid, Courts of common That all transitory actions and suits now depending, or pleas to try all tranfi. tory actions, hereafter to be brought, commenced or profecuted in any
of the mayor's courts, or courts of common pleas in this
be heard, tried and determined therein, although the real cause of action did not arise within the city or county where such action or suit is or And no foreign plea
shall be brought or commenced; and that the said courts to be allowed. Mall not admit or allow of any foreign plea in any such case, to quash, bar or stay any such suit
or action ; but proAltered as to the ceed to hear, try and determine the fame, in such manner as bany and Hudson, 12th if the cause of action had arisen within the jurisdiction of Teff. ch. 17. the court where such suit or action is or shall be so brought or commenced ; any law, usage or custom to the contrary notwithstanding.
VIII. Provided always, and be it further engiled by the authority aforesaid, That this act shall not extend to any suit or action, wherein the people of the state of New York, are or shall be interested ; nor to any suit or action, where freehold, inheritance, or title to lands or tenements, shall in any wise come in question ; nor to actions of replevin, or of aflault and battery, or of falfe imprisonment, or of flander; nor to any fuit or action to be brought or commenced by or against the mayor, alderinen and commonalty of the city of New York, or the mayor, aldermen and commonalty of the city of Albany, or the mayor, recorder, aldermen and cominonalty of the city of Hudson,
C H A P. LXXVI. $9th feff. ch. 23. An ACT to amend an Aa, entitled, † An At for the
Colle&tion and Commutation of Quil-Rents.
Palled 11th April, 1787. HEREAS fundry circumstances have intervened which have rencharge or commute for the same by the times limited in the ac, entitled, An act for the collection and commutation of quit-rents, passed the ist day of April, 1786 : Therefore,
I. Be it enačied by the people of the fate of New York, represented in fenate and assembly,and it is hereby enncted by the outkority of the same, That it shall
Further time given and may be lawful to and for the treasurer of this state, at rent and cudunuta- any time between the passing of this act and the | firft day of
'Time prolonged, May, one thousand seven hundred and eighty-eight, to pilotefl
: ch. 39 lec. take and receive from any person, being a citizen of this 2. 12th lell. ch. 39.
state, or of any other of the United States, any sum or sums
of money, due and in arrear for quit-rents, or any fum or fums of money in commutation for annual quit-rents, in such public securities and certificates as are designated in the first and second sections of the said act, and in the manner thereby directed; and that no process shall be commenca ed by the said treasurer for the recovery of any quit-rents, which may be due or become due to the people of this state, until after the first day of May, ore thoufand leven hundred and eighty-eight; any thing in the said act to the contrary hereof notwithstanding.
II. And be it further enaticà by the authority ofurefalu, That where qutrents shall be paid for such shares of land as are delignated in the third section of the faid act, or that such shares shall be commuted for, the treasurer fi:all, upon such payment, give the person making such payment, a receipt or certificate, expresling the sum so paid, and specifying whether the fame be for quit-rents due and in arrear, or for quit-rents and commutation both, and designating the patent, and the lot or lots for which such payment is made; and if such payment is for both arrears of quit-rent and commutation, the lands so paid for shall never thereafter be subject to process or sale,for any quit-rents which may at any time become due from any other lot or lots in such patent; and if such payment is for arrears of quit-rent only, then the lands fo paid for shall not be subject to process or fale, for any arrears of quitrent which may be due to the time of such payment from any other loc or lots in such patent; any thing in the said act to the contrary hereof notwithstanding.
III. And whereas tracts of land within this slate have been so divided and alienated, that many of the present owners and proprietors hold less than an original proprietor's share, and dificulties may arife as well with those who may pay the quit-rents and commute for their respective shares, as with the treafurer to ascertain such share : For remedy whereof, Be it firrther ended by ihe authority oforefaid, That it shall and inay be lawful for any three or more of the present proprietors or owners of any such patent or lands, by advertisement, to be put up and continued for ten days fucceflively, on any part of fuch lands, to notify and require all owners and proprietors of lands within such patent, to meet at a place certain within the Tame, and at a day certain to be expressed in such advertisement, such day not to be assigned at less than twenty days from the date of such advertisement; and such of the owners and proprietors as shall then meet, may proceed, by plurality of voices, to chuse two afleflors and one collector ; which afleflors fo cholen shall, within twenty days thereafter, make an affefiinent-roll of the several owners and proprietors of lands in such patent, and shall enter in such roll the fums respectively due for quit-rents, to the twenty-ninth day of September, one thousand seven hundred and eighty-leven, from each according to the proportion and Mare which each shall have, hold, pofless and enjoy within such patent, so as that the whole Mall make up and amount to the whole of the quit-rents which will be due to the people of the state, to the time herein before mentioned, and shall designate which share or shares have, by forfeiture to the people of this state, become discharged of quit-rent, and which Ihare or Inares are entitled to remiffion of quit-rents, by this or the
faid act,pafled the first day of April, 1786. And shall also specify the amount of the commutation for every share or shares, subject to present or future quit-rents, to the end that such as incline to commute may be enabled io pay for the same to the collector, and shall, in feparate columns, charge each share or shares subject to quit-rents, and for which commutation may be made, with fix per cent to be paid in specie, on the amount of the quit next due, and on the amount of the commutation ; five per cunt. whereof to go as a compensation to the collector, for his trouble in collecting and paying the fame to the treasurer of this itate, and one per cent. thereof to be paid to the affeflors for their trouble in the execution of their office. And further, That the said affeffors, before they begin such atlessment, Phall take an oath before a justice of the peace, well, truly, impartially and in due proportion, according to the best of their undertanding, to afless and raie the several owners and proprietors of such patent for which they are cholen alleflors. And further, That the said allellors shall, within ten days next after completing such asiesiment-roll, and having figned the fame, and put their seals thereto, deliver the same unto the collector 10 chosen as aforesaid, which said collector shall forth with collect the several fums charged in such ailellment, for arrears of rent and for commutation, if the party or parties are willing to pay such commutation, in such public tecurities as are designated in the faid act, palled the hit day of April, 1786, together with the said fix per cent. in fpecie, on the arrears of quit-rent, and on luch commuiation as shall be paid, so that he pay the fame (except the fix per cent. as aforefaid) to the faid treasurer, on or before the first day of May, one thousand seven hundred and eighty-eight. And if any of the said owners or proprietors of such patent shall refuse, neglect or delay to pay his or her share or proportion of the said rate or assefiment of quit-rent, and the said five or fix per cent. as the case may be, then it shall and may be lawful for such coliečtor, and he is hereby required to collect and levy the same by distress and sale of any goods and chattels, if any can be found, on the share or shares fo charged, and for which payment has been refused, neglected or delayed, in the same männer as the collectors of public taxes are or may be empowered by law to do, or to prosecute the defaulter or defaulters for the fame, before any one justice of the peace within the county where such lands lay, who is hereby authorised to hear and determine the fame. And further, If such collector shall not find goods and chattels on the lands in such share or liares, whereon to make distress, or shall not be able to recover such rate or alle 11 ment for quit-rents, before such justice, then such collector shall, at the time of his paying the public securities by him collected unto the faid treasurer, deliver the affeflient-roll to the faid treasurer, together with an abítract of the names of such as have paid the qut-rents only, and the amount fo paid by each, together with the names of such whole lands were discharged from quit-rents as aforesaid, and another abstract of such as have paid both the quit-rents and the commutation, and the annount so paid by eachi, and a third abftract, containing the names of the defaulters, if any there be, and the fums charged to each for quit-rents ; all which abtracts shall be sworn to as just and true, by the said collector ; and the faid treasurer shall thereupon give a proper receipt at the foot, or on the back of the respective abftracts for which he shall have received the amount for quit-rents, or for quit-ren rs and coinmutation both, as the case may be, which receipt for quit-rents shall exonerate the persons named in the abstract, from any demand for quit-rents, to the time for which they were paid ; and the landó lo paid for, fiiall not be