rate of five per cent. per annum, and fhall be received and taken in all payinents, where any other certificates given by the treasurer of this flate, are or fhall be recivable by law. Provided always, That no fuch certificate shall be given to any perfon for any money fo paid into the treasury, as due to any perfon or perfons whole eftate hath been forfeited to the people of this ftate; but where monies have been so paid upon, or in difcharge of any bond or mortgage, to any perfon whofe eftate is forfeited to the people of the ftate of New-York, fuch payments fhall be confidered as good and effectual for the specie amount of the monies fo paid, and no more; fuch amount to be fettled agreeable to the fcale of depreciation herein before mentioned; and fuch mortgages may be ditcharged in the manner directed by an act, $ 8th lefl. ch. 17. entitled, An act to enable the clerks of the refpective cities and counties within this ftate, to cancel the records of certain mortgages made and executed to perfons whofe eftates are forfeited, on proof that fuch mortgages are fatisfied. And the treasurer of this fiate, and the juftices of the fupreme court, fhall make fuch enquiries, and give fuch certificates as may be neceffary for that purpofe. II. And be it further enacted by the authority aforefaid, That the treasurer of this ftate fhall be, and hereby is difcharged and indemnified of, from and against all suits whatsoever, which have been or fhall be brought against him, for or on account of any money fo paid into the treafury as aforefaid; and this aft fhall or may be pleaded or given in evidence, in difcharge of any fuch fuit. [It was conceived unneceffary to print any more of this act than the following clauses, the reft being either expired, repealed, obfolete, or private.] XXIII. And whereas the courts of common pleas and general feffions of the peace, in and for the county of Washington, are now held in Salem, in the faid county; and it hath been reprefented to this legiflature, that it would be more convenient for the inhabitants of the faid county, to hold the faid courts once in every year in Argyle; Therefore, Be it further enacted by the authority aforefaid, That from and after the pafling of this act, the courts of common pleas and general feffions of the peace, in and for the county of See roth feff. ch. 10. Washington, fhall thenceforth be held at Salem aforefaid, on the last Tuesday in May, and on the firft Tuesday in November, in every year; and at the houfe of Adiel Sherwood, Elquire, at Fort Edward, in the township of Argyle, on the fecond Tuesday of February, in every year; any thing in any other law contained to the contrary thereof, in any wife notwithflanding. XXVII. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for any public officer, who was employed during the late war, under the authority of the United States, and who now is, or hereafter fhall be profecuted for fervices performed at his request, or articles by him purchased or taken for the United States, or this ftate, to tender in court the fame public fecurities of the United States, or of this flate, as he has received, or fhall receive on the fettlement of his accounts, for fuch fervices performed, or articles purchafed as aforefaid, in full discharge of fuch demand. An ACT fupplementary to an Alt, entitled, An Act for running out and * 9th feff, ch. 67. II. be run before the fettled. [The first claufe of this act is obfolete.] ND whereas by an act, entitled, ‡ An act for the speedy fale of the unappropriated lands within this flate, and for other purposes therein mentioned; the commiffioners of the landoffice are authorifed, whenever they think proper, to direct the furveyorgeneral to proceed to the fale of lands, without making a previous actual furvey thereof. And whereas difficulties may arife to the proprietors of fuch lands, by having them furveyed by different perfons; For prevention Out-lines of lands whereof, Be it further enadled by the authority aforefaid, fold by the ftaa, to That before the proprietors of any lands hereafter to be and is divided or fold, without being previoufly furveyed, proceed to divide or fettle the fame, they fhall make application to the furveyor-general, in writing, to run the out-lines thereof. And it is hereby made the duty of the faid furveyor-general to caufe the fame to be done as foon as may be, after fuch application fhall have been made. And further, That in every furvey hereafter to be performed by the furveyor-general, by virtue of his office, he fhall give notice to the proprietors when he will commence the fame: And if fuch proprietors fhall attend, or cause fome perfon to attend at fuch time, with a flag-bearer, two markers, a fufficient quantity of provifion for the purpofe, and the means of transporting it, as occafion fhall require, the faid furveyor-general fhall caufe fuch furvey to be made, and be allowed to charge fuch proprietors for the fervice of a furveyor, at the rate of twenty fhillings per day, and for two chain-bearers, to be furnished by him, four fhillings per day, each. And further, That the thirtieth fection of the faid act fhall be, and hereby is repealed. END OF VOLUME I. WRIT to abate if fheriff is named a diffeifor by collufion, ABJURATION, Oath of, to be taken by perfons naturalized, to be taken by certain legatees, ACADEMIES, To be vifited and inspected by the regents of the university, How they may be incorporated, Page 400 403 15 153 Power and duty of the trustees, when incorporated, 435,436 436, 437 438, 439 Vacancies of truftees how to be fupplied, 440 Scholars therein, how to be admitted into college, ibid. What offices therein not to be held by the fame perfon, 440, 441 ACCOUNT, Actions of, May be brought by executors, or receivers, ACCOUNT S, Public, how to be settled, ACCESSARIES, Not to be outlawed until the principal be attainted, May be brought against executors or adminiftrators of bailiffs, guardians Of ftate agent and his deputies, how to be fettled, Of citizens against state agent and his deputies, how to be fettled, Of treafurer, when and how to be examined, Not to be brought for any thing done with intent to further the com mon caufe of America, ACTIONS, 62, 63 Where process may be purfued to outlawry, 302 Not maintainable on verbal promife to answer for the debt of another, 385 ibid. ibid. Will not lie upon any parol agreement not to be performed within a year, ibid. Not maintainable on any contract for goods for rol. or upwards, unles in writing, or the buyer receives part of them, or gives fomething in earneft or part payment, Page 385, 386 For fums not exceeding rool. not to be brought in the fupreme court, 429 For fums to the value of rol. how to be tried, ADDITION, 445 to 454 Of defendants eftate, or degree, or myftery, and of the place of which he was or is to be inferted, in original writs in perfonal actions, and in appeals, indictments and informations, ADHERING to the enemies of the state, Certain perfons attainted thereof, and their eftates forfeited, Such perfons banished from this ftate, Other offenders how to be proceeded against, What to be deemed evidence of the offence, Forms of the proceedings, Errors in the proceedings remedied, Proceedings confirmed, ADMINISTRATION, To whom to be granted, How and by whom to be granted, When granted with a will annexed, the will to be obferved, ADMINISTRATOR S, 302, 303 26, 27 27 27, 28, 29 119 to 121 Who have left this ftate, how to be proceeded against, 238 ibid. 313 333 Of bailiffs, guardians and receivers, liable to actions of account, ibid. How to make and exhibit inventories, ibid. To give bond on obtaining letters of administration, Their bonds, if forfeited, how to be profecuted, 366 Not chargeable on their own promife unless in writing, Not to be cited to render an account otherwife than by an inventory, but in behalf of a minor, or at the inftance of a party interested, Estates pur auter vie to be aflets in their hands, ADMIRALTY, The judge thereof to appoint the register and marshal, Appeals when to be made and how profecuted, 11 18 150, 151, 152 338,339 May take cognizance of death or maihem done in great rivers out of any county, Penalty for proceeding therein for things done on land, ADULTERY, Mode of trial thereof, 339 ibid. 428 ADVOCATES, What perfons to be admitted, To be fworn, If found in default, to be put out of the roll, AFFIDAVITS, To be used as evidence in other states, how to be taken, To be used in the courts of common pleas, general feffions, or mayors courts, may be taken before a juftice of the fupreme court, 308 AGE, Not allowed in a fuit by a woman or her heirs for lands aliened by the husband, Not allowed in writs of entry in the per, Inqueft in what cafes not to be delayed by nonage of plaintiff, ALBANY, city of, Aldermen to have the power of juftices of the peace, Charter thereof altered, Court, mayor's, terms thereof lengthened, Before whom to be held, Form of the records of judgments therein, Election of corporation officers, when to be held, 395 404 ibid. 302 420 to 422 Freemen admitted on or before 20th April 1777, may vote for mem Firemen exempted from ferving as jurors, bers of affembly, Glafs windows, penalty for breaking or defacing them, Lamps, penalty for breaking or taking thein down, or putting out the Recorder to have the power of a juftice of the peace, to hold common council in the abfence of the mayor, ALBANY, county of. Courts of general feffions and common pleas when and where to be held, 306 Highways therein how to be laid out, regulated and repaired, Difputes where they extend from one county into another, In the colonie how to be regulated and repaired, Loan-officers, how to proceed, ALDERMEN. See Albany. Hudfon. New-York. Juftices of the peace. |