he fhall be committed to the common gaol of the county, there to remain without bail or mainprise for the term of fix calendar months. EIGHTH SESSION. CHA P. LIV. An ACT to restrain Hawkers and Pedlars. Paffed 4th April, 1785. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of July next, no perfon or perfons fhall or may use or exercife the profeffion or calling of a hawker or pedlar in this state, under the penalty of five pounds for each offence, to be recovered, with cofts in any court having cognizance to try the fame, the one half of which faid penalty fhall go to the perfon or perfons who fhall fue and profecute for the fame, and the other half to the poor of the town, manor, district or precinct where the offence fhall be committed. Provided always, That this act shall not be construed to debar any perfon or perfons, from carrying, conveying or felling any goods, wares or merchandize, of the growth, produce or manufacture of this state, or of any other of the United States of America ; and that all fuits to be brought for any offence against the true intent and meaning of this act, fhall be brought within thirty days after the offence fhall be committed. CHA P. LXXXI. An ACT to prevent the Firing of Guns and other Fire-Arms within this State, on certain days therein mentioned. Paffed 22d April, 1785. THEREAS great dangers have arifen, and mifchief been done by the pernicious practice of firing guns, pistols, rockets, squibs, and other fire-works, on the eve of the last day of December, and first and second days of January; For prevention whereof for the future, Be it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That if any perfon or perfons whomfoever, fhall fire or difcharge any gun, piftol, rocket, fquib or other fire-work, within a quarter of a mile of any building, on the faid eve or days before mentioned, every fuch perfon or perfons fo offending, and being thereof convicted before any juftice of the peace of the city or county where fuch offence fhall be committed, either by the confeffion of the party or parties fo offending, or the oath of any one credible witnefs, fhall for every such offence, forfeit the fum of forty fhillings, with costs of fuit, to be levied by diftrefs and fale of the offender's goods and chattels, by warrant under the hand and feal of the faid juftice before whom fuch conviction or convictions shall be had as aforefaid; the one moiety of which forfeiture to be applied to the ufe of the poor of the town or place wherein fuch offender fhall be convicted, and the other moiety to the ufe of the perfon or perfons who fhall profecute for the fame; and for want of fufficient distress whereon to levy the fame, every fuch justice is hereby empowered and required, by warrant under his hand and feal, to commit every fuch person or perfons fo as aforefaid offending, to the common gaol of the county wherein the faid forfeiture fhall arife, there to remain without bail or mainprife, for the space of one month, unless such forfeiture or forfeitures be fooner paid. NINTH WHE SESSION. VII. CHAP. An ACT for regulating Trials upon Writs of Right. Paffed 6th February, 1786. THEREAS formerly trials upon writs of right were by battle or the grand affife. And whereas the barbarous cuftom of trials by battle hath deservedly fallen into difufe, but hath never been abrogated by law. And whereas by the institution of the trial by the grand affife, four knights are to be fummoned to elect the recognitors: And whereas there is not, nor cannot, by law, be any fuch order of men in this state; 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted the abolilled by the authority of the same, That trials by battle in all cafes fhall be, and hereby are forever abolished. Trial by bat Electors of the grand af Lic. II. And be it further enacted by the authority aforesaid, That in all writs hereafter to be iffued for fummoning electors of the grand affife, inftead of the words, Four lawful knights of your county girt with swords, the words, Four good and lawful men of your county, fhall be inferted. And that every of the faid men to be fummoned and returned to make election of the grand affife, fhall always be fuch as are or fhall be duly qualified to yote for fenators, according to the conftitution of this ftate. III. And be it further enacted by the authority aforesaid, Challenge of That if either party fhall have caufe to challenge the the electors. electors fo fummoned and returned, or any of them, fuch challenge fhall be taken and made upon their appearance, and before they be fworn to make election of the grand affife, and not after and the juftices fhall thereupon proceed to try and determine fuch challenges, in fuch manner as challenges, in cafes of common juries, are, by law, to be tried and determined. And if any fuch electors shall be found not duly qualified, or not indifferent between the parties, then a new writ shall be iffued for fummoning another, or others, as the cafe may require; and those who are not challenged, or found duly qualified and indifferent between the parties, as well as the parties, fhall be adjourned over to the day of the return of fuch new writ. And when fuch four electors as Recognitors shall not be challenged, or shall be found duly qualified chofen: and indifferent, fhall appear, they fhall be feverally fworn, lawfully and truly to chufe, in the prefence of the parties, in addition to themselves, twenty other good and lawful men of the county, who beft know and will declare the truth between the parties, to make recognition of the grand affife; and every of the recognitors fo to be Their qualif chofen by the faid four electors, fhall always be fach men as fhall be duly qualified by the laws of this state, to ferve as jurors upon trials at bar in the fupreme court; and if either party fhall have caufe to challenge any of Challenge of the faid recognitors, fuch challenge fhall be taken and recognitors. made before the faid four electors, who fhall immediately try and determine the fame. And if any man named by the faid four electors as a recognitor, fhall be challenged, and found not duly qualified, or not indifferent between the parties, they fhall leave his name out of the pannel, and chufe another in his flead, and when they have completed a pannel of twenty-four recognitors of themfelves, and others as aforesaid, they fhall, in their proper perfons, return and deliver the fame to the juftices in open court. cations. IV. And be it further enacted by the authority aforesaid, Recognitors That upon the delivery of fuch pannel into court, a writ how fummon. ed and Two. fhall iffue to the proper officer, commanding him to caufe the faid recognitors to come before the justices, at a certain day and place, to make recognition of the grand af fife between the parties: And if the caufe is to be tried at the circuit court in any of the counties, a proper claufe of nisi prius shall be inferted in fuch writ for the purpofe; and when a fufficient number of the faid recognitors fhall appear to make the faid recognition, fuch of them as do appear, shall be called and fworn as they stand upon the faid pannel, until fixteen of them shall be fworn, who shall make the faid recognition. On default iffue. V. And be it further enacted by the authority aforesaid, distringas to That if a fufficient number of the faid recognitors to make the faid recognition, shall not appear at the return of the first procefs for fummoning them, writs of distringes shall be iffued against them, from time to time, until they shall appear.. Trial, where had. Eftates tail abolished. Perfons feifed in fee tail, deemed feifed VI. And be it further enacted by the authority aforesaid, That all trials upon writs of right, shall be had in the county where the tenements in demand shall be fituated, unlefs the court upon motion of either party, shall order the trial to be at the bar of the fupreme court. CHA P. XII. An ACT to abolish Entails, to confirm Conveyances by 1. BE Paffed 23d February, 1786. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That all estates tail shall be, and are hereby abolished; and that in all cafes where any perfon or perfons now is, or are, or if the act in fee fimple. herein after mentioned and repealed had not been passed, would now be feifed in fee tail of any lands, tenements or hereditaments, fuch perfon and perfons fhall be deemed to be feifed of the fame in fee fimple abfolute. And further, that in all cafes where any perfon or perfons would, if the faid act and this prefent act had not been.paffed, at any time hereafter become feifed in fee tail of any lands, tenements or hereditaments, by virtue of any devise, gift, grant or other conveyance heretofore made, or hereafter to be made, or by any other means whatsoever, fuch perfon and perfons, instead of becoming feifed thereof in fee tail, fhall be deemed and adjudged to become feifed thereof in fee fimple abfolute. by tenants in tail, in certain cafes effectual. II. And be it further enacted by the authority aforesaid, Conveyances That where any lands, tenements or hereditaments heretofore have been devised, granted or otherwife conveyed by a tenant in tail, and the person or perfons to whom fuch devife, grant or other conveyance hath been made, his, her or their heirs or affigns, have or hath, from the time fuch devife took effect, or from the time fuch grant or other conveyance was made, to the day of the paffing of this act, been in the uninterrupted poffeffion of fuch lands, tenements or hereditaments, and claiming and holding the fame under or by virtue of fuch devife, grant or other conveyance, then fuch devife, grant or other conveyance fhall be deemed as good, legal and effectual, to all intents and purposes, as if fuch tenant in tail had, at the time of how to de the making of fuch devife, grant or other conveyance, been feifed of fuch lands, tenements or hereditaments in fee fimple; any law to the contrary hereof notwithstanding. III. And be it further enacted by the authority aforesaid, That where any perfon fhall die feifed of any lands, tene. Inheritances, ments or hereditaments, without devifing the fame in due fcend: form of law, and leaving more than one perfon lawful iffue, or without lawful iffue, the inheritance fhall hereafter, in the five feveral following cafes, defcend and go as in each cafe is particularly fpecified; That is to fay, Firft, In cafe the perfon fo feifed fhall leave feveral To lawful iffue of equal perfons lawful iffue, in the direct line of lineal defcent, degree; and all of equal degree of confanguinity to the perfon fo feifed, the inheritance fhall then defcend to the faid several perfons as tenants in common, in equal parts, however remote from the perfon fo feised the common degree of confanguinity may be, in the fame manner as if they were all daughters of the perfon fo feifed. fue of differ Secondly, In cafe the faid perfon fo feifed fhall die, To lawful it leaving lawful iffue of different degrees of confanguinity at degrees: to him or her, the faid perfon fo feifed, the inheritance fhall defcend to the lawful child or children of the faid perfon fo feifed, if any or either of them be then living, and to the lawful iffue of fuch of the children of the faid perfon fo feifed, as fhall be then dead, leaving lawful issue, as tenants in common; fuch iffue always to inherit, if one perfon folely, and if several perfons as tenants in common, in equal parts, fuch fhare only as would have defcended to his, her or their parent, if fuch parent had been then living; and each of the lawful children of the faid perfon fo feifed, always to inherit fuch fhare as would have defcended to him or her, if all the children of the faid perfon fo feifed, who fhall be then dead, leaving lawful iffue, had been living at the time of the death of the faid perfon fo feifed; and if there be no child of the faid perfon fo feifed living, at the time of the death of the faid perfon fo feifed, and only a grand child or grand children, and the lawful iffue of a grand child or grand children, who fhall be then dead, leaving lawful iffue, then the inheritance fhall defcend to fuch grand child or grand children of the perfon fo feifed, and to the lawful iffue of fuch of the grand children of the faid perfon fo feifed, as fhall be then dead, leaving lawful iffue, as tenants in common; fuch iffue always to inherit, if one perfon folely, and if feveral perfons as tenants in common, in equal parts, fuch fhare only as would have defcended to his, her or their parent, if fuch parent had been then living; and each of the grand children of the faid perfon fo feifed, who fhall be living at the time of the death of the perfon fo feifed, always to inherit fuch fhare as would have defcended to him or her, if all the grand children of the |