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359

67, 70

Bills not appearing to the council improper to become laws, or having

been before thein ten days and not returned, shall be delivered by the governor, with a certificate indorfed, to the secretary, to be recorded,

Page 17 COUNSELLORS at LAW, How to be appointed, licensed and regulated,

11, 357 What persons to be admitted,

357 To take an oath,

ibid. Thole found in default to be put out of the roll,

ibid. Penalty on them for deceiving the court or party,

358 What persons not allowed to act as counsellors,

COUNTIES.
The names of the counties of this state,
The legislature may divide the state into other counties,

9 COUNTY CLERKS, Their duty respecting elections,

322, 326 To record fines and affix a note thereof on the door of the court-house, 381

COUNTY TREASURERS, How to be appointed,

12 COURTS. See Admiralty. Chancery. Circuit Courts. Common Pleas. Errors. Ex

chequer. Gaol Delivery. New Courts. Oyer and Terininer. Probates. Sellions of the Peace. Supreme Court.

CRANAGE, Rates thereof established,

92 CROWNS, FRENCH, To pass for nine shillings,

45

DAMAGED

AMAGED GOODS and VESSELS, HOW and by whom to be surveyed,

89 DAMAGES, To be recovered in a lifes, writs of entry and all poffeflory actions, 292 In dower,

293 In watte,

296, 297 For fuing in the admiralty for things done on land,

339 For sending a citizen prisoner out of this state not to be less than sool.

873 For disseilin by an officer by colour of his office,

399 For disseilin by virtue of a grant of this state without title,

ibid. In albife where the entry is found to have been with force,

399, 400 DEANE, JAMES, Land granted to him,

D E B TORS, Who removed to or remained with the enemy, and have since left this itate, how to be proceeded against,

114 to 117 Departed or concealed, how to be proceeded against,

153, 214 Judge of the supreme court, on proof, to issue a warrant to attach such debtor's estate,

214 How such warrant is to be executed,

215

286

216

216, 217

217

218

221 ibid.

Notice of issuing such warrant to be given,

Page 215 Payment of money or delivery of goods to the debtor after such norice, deemed fraudulent,

216 Sales and conveyances by debtor after such notice void, Debtor appearing and giving security, to have a fuperfedeas, 223, 224 Judge may order perishable goods to be fold iminediately,

215 Proceedings in cale goods seized are claimed by others,

ibid. How persons against whom such warrants are wrongfully issued, may

be relieved,
If debtor does not return, trustees to be appointed,
Trustees to notify their appointment,

And require debts and effects to be paid and delivered to them, 218
And delire creditors to deliver their accounts,

ibid. To recover and sell debtors' estates and effects,

itid. May examine any person on oath,

219, 220
To settle all accounts between debtor and creditor,
May settle controversies by reference,
To make dividends,

ibid. To record their appointments, if they felt real estate,

225, 226 Their appointment and conveyance a good title,

226 To keep regular books of account,

ibiet. To render account on oath in open court,

ibid. Their allowance for their trouble,

ibid, Persons concealing debts or effects, forfeit double the value, Courts may compel such persons to answer on oath, And justice, on application, to send for any person to be examined on oath,

219, 220 Examinations to be in writing, and signed, Persons refusing, to be committed until they submit,

220 Warrants of commitment to specify tlie default,

ibid. Not to be discharged for want of form in the warrant,

ioida Penalty on gaolers for suffering such persons to escape,

ibid. False lwearing to be deemed perjury,

220, 221 Discoverer of secreted effeas allowed ten per cent. Dividends, when and how to be made, Creditors whose debts are not then due, entitled to a dividend on a rebate of interest,

ibid. Creditors neglecting to deliver or settle their accounts, excluded from a dividend,

223 Creditors residing out of the state, entitled to the benefit of this act, ibid. Estates of debtors residing out of this flate, liable to seizure,

ibid. Ships seized may be discharged on security, Firft judge of common pieas, and mayor and recorder of the city of New-York, may execute this act in their counties,

ibid. Where warrants are iffued by a judge of the supreme court and a judge

of the common pleas, mayor or recorder, the proceedings before the latter to be removed by certiorari,

ibid. Judge ifsuing warrants to report proceedings,

iban Judge appointing truftecs to indorse allowance to record it,

ibid. Appointment of trustees conclutive proof,

225 Affidavits, warrants and return to be filed,

ibid. Conveyances of former truees confirmed,

218, 219

219

219

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222

224

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212

238
255, 256

386

Warrants on former acts how to be proceeded on,

Page 227
Persons fued for executing this act, may plead the general iffue, ibid.
Proceedings not to be discontinued by death of the debtor,

406, 407
DE BTS
To persons within the enemy's lines, how to be paid, 53, 54, 153, 154,

456, 457
Interest in what cases and for what time discharged, 54, 153, 457
This act to extend to executors and administrators,

153
How to proceed against such debtors who leave the state,

ibid.
Allignment of such
debts in what cases deemed fraudulent,

154
Due from perions whole eftates are forfeited, how to be ascertained
and paid,

143 to 145
Due to such persons, how to be recovered and paid,

145, 146
Due to the state, how to be fettled and paid-- See Exchequer, 185

DE E DS,
For forfeited estates, how to operate,

32,127
Form thereof,

37
In pursuance of lotteries void,

59
For lands sold for quit-rents,
For lands sold by trustees for creditors of atcending or absent debtors, 218
For lands fold by order of court.of probates,
For lands sold by loan-officers,
Executed in fouthern district during the war, in what cases valid,

DEFAUL T.
Form of writs to recover land lost by default, 293, 294, 393, 394, 397
Manner of procecding in suits for land loft by default,

400, 401
DELEGATES to CONGRESS,
To be appointed annually,
The manner of appointing them,

ibid.
Authorised to limit the weliern bounds of this state,

39
DESCENT,
Regulated in certain cases,

DEVISEES,
How to proceed against others who have left this state,

119, to r22
Lable to reftator's debts on simple contract or specialty,

237
Where liable to pay money due on mortgage to loan-office, 251, 259

DISCONTINUANCE of ESTATES
By tenants in dower, tenants by the courtesy and for life, void, 392 to 396

DIS TEMPERS, infectious.
Veffels having persons on board, or coming from any place infected

with any contagious diflemper, to perform quarantine,
Physician to be appointed to inspect such vessels,

DISTRIBUTION of INTESTATES ESTATES,
To whom and in what manner to be made,

363, 364
Not to be made until the expiration of a year,

367
Persons receiving it to give fecurity to refund,

367, 368
DISTRICTS,
This state divided into four distries,

8
The legislature may divide it into other districts,

9

12

206, 207

117, 118

118

428

DISTRINGAS
In what cases and when writs of diftringas may issue,

Page 296, 405
Illues distrained may be fold and how the money is to be applied, 405

DIVORCE,
How to be obtained in cases of adultery,

DO WER.
What a widow shall have for her dower, and how to be recovered, 292, 293
A widow to remain in the chief mansion of her husband and be sur

tained out of his estate forty days, or until dower be afligned, 293
In what cases widows deforced of their dower shall recover damages, ibid.
Dower, how to be recovered, of lands recovered against the husband
by default,

ibid.
Dower loft by default, how to be sued for and recovered, 293, 294
Admeafurement of dower, in what cafes and how profecuted, 294
Women leaving their husbands and living with adulterers barred of dower, ibid.
A woman who has a jointure not to have dower,

294, 295
Jointure made after marriage no bar of dower, but widow to have her
election,

295
Attainder of husband for treason or felony no bar of dower,

ibid,
Dower barred by confenuing to ravisher,

ibid.
DUBOIS, PETER,
His trustees to account to the treasurer for the surplus of his estate, and
the shares of White, Low and Kempe,

182
DUTCHESS COUNTY,
Courts of general sessions and common pleas when and where to be
held,

307
Highways therein how to be laid out, regulated and repaired--- See
Highways,

DUTIES
On goods sold at vendue,

64

105, 164

7, 316

316

ELECTION

LECTIONS,
FOR senators and representatives, to be by ballot,
If found inconvenient, balloting may be abolished,

7
To be free,

290
ELECTION of governors and members of the legislature,
To be by ballot,
When and how to be held,

316, 317
Who are to be inspectors thereof,

317
How and by whom notice thereof is to be given,

ibid.

ibid.
Inspectors to give eight days notice of the place of holding the same,

To take an oath and appoint clerks,
Penalty for neglect of duty or corrupt conduct,

May imprison persons for disorderly conduct,
Clerks, by whom to be appointed and their duty,

318,310
To take an oath,

Penalty for neglect of duty or corrupt conduct,
Form of proclamation on opening the poll,

318
328

329

318
328
318

328

Poll lifts, how to be kept,

Page 318
How to be disposed of on adjournments,

320
How to be disposed of on closing the poll,

322
And ballots to be destroyed after the canvass, 324, 326
Mode of conducting thereof,

318,319
Electors not to vote out of the ward or town where they reside, 318
Suspected not to be qualified to take an oath,

320, 32L
Suspected of disaffection to take an oath,

321, 322
Votes for governors and senators when, where and by whom to be
canvafled,

323, 324
For members of affembly when, where and by whom to be can-
vafled,

325, 326
When number of ballots exceeds that of electors the excess to be de-
ftroyed,

323, 327
Canvallers to take an oath which shall be recorded,

325,327
Their determination to be recorded and notice given, 323, 326

Penalty for neglect of duty or corrupt conduct,
Penalty on persons guilty of bribery or corruption,

329
Infants and aliens not entitled to vote,

329
Mortgagors or mortgagees in possession intitled to vote,

ibid.
ELECTORS,
Of members of affembly, their qualifications,

7,8
To take oath of allegiance,

8
Of fenators, their qualifications,

ibid.
EN TAILS,
Abolished and turned into fee-simple,

205
Conveyances by tenants in tail confirmed,

ENTRY,
To avoid fines, when to be made,

380
Writs of,

397, 398
ERRORS.
Court to be instituted for correction of errors,
Court for correction of errors constituted,

149
A seal to be devised and made for the court,

ibid.
Clerk of the court how to be appointed,

ibid.
Form of process,

ibid.
Manner of proceeding upon writs of error,

150, 151
Manner of proceeding on appeals from chancery,

151, 152
From courts of probates and admiralty,

152
Writs of error to be brought within five years,

ibid.
Appeals from final decrees in chancery to be made within five years, ibid,
Writs of error in criminal cases how to be obtained,

ibid.
Reverfioners may bring writs of error on judguients against tenant,

394
ESCAPE.
Sheriffs and others liable for escapes,
What shall be deemed an escape,
On escape of debtor, plaintiff may lave a new exccution,

411
ES SOINS,
Not to be allowed in any suits,

295

205, 206

12

408

410

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