Administration.

Upon the Death of any person the Constable with two Duty of consta Overseers of the parish shall Repair to the house of the de- blo and overseers of parish, upon ceased party to enquire after the manner of his Death and death of a person. of his Will and Testament and in Case none doth Appear, or shall be produced, it may be taken for granted that the Person Dyed intestate And in the Presence of the Widow Children and other Relations, if any such therebe or if any such refuse to be present, It shall be lawful for the said Constable in the presence of the Overseers to make a due Search and enquiry after the estate of the deceased and within eight & forty hours after, he is to deliver in writing & upon Oath his full knowledge, to the next Justice of the Peace and the said Justice of y' peace is impowered to send out warrants to take Security against any embezelment or disposal of y said Estate under any pretence whatsoever, until the next Court of Sessions where all Cases of Administration within that Liberty shall be Adjudged.

The Estates of all Persons dying intestate who have Estates of intesneither the Relations of Children Brothers or Sisters or their tates to escheat to king. Children Uncles or Aunts or their Children for want of such heires shall, Elapse to the King Provided always that Such Elapsing shall not hinder the Lawfuil Claymes of any Such Relations afore mentioned, if it be made appeare upon Oath to the Court, within one Year and Sixweeks.

ministration.

That no Administration be granted untill the third sessions Granting of adafter the parties decease, except to the Widdow or Child, and then to be immediately granted to the said Widow or Child bringing in Sufficient Security for the performing all things the Law requires and saving the Court harmeless,

And in case the widow or Child do Administer the Estate Inventories and shall be Inventoryed and Apprisement made by four Men appraisements. appointed by the Court and sworne by a Justice of peace which Inventory or apprizement shall by the said widow or Child be brought into the next Court of Sessions, unless the Court for reasons showed them may think fitt to grant Lib

erty to bring it in the Court following. But in case the de- Sale and division ceased Dye without widow or Child, then the estate, for the of estates. better improvement thereof shall be sould by order of the Court at an Outery, and the purchasers all puting Security, and Acknowledging Judgment for their debt which by the Court shall be Assigned to the several Creditors of the decendant, and paid according to the priority of Law and the Surplusage remaining, if any, to be delivered to the next kinsman of the descendant, if he appears or if none prove himself such within one year and six week, Then the Court to give an accompt of the said Surplusage to the Governour. And when the widow or Child Administers the surplusage after debts paid and the funerall Charges according to the quality of the person allowed for, shall be equally divided between the Widow and Children, viz. one third of the personall Estate to the widow and the other two thirds amongst the Children, provided the Eldest Sonne shall have a double portion, and where there are no Sonnes the daughters shall Inherit as Copartners, and if any of the Children shall hap

Administrators

pen to dye before it come to age his portion shall be divided amongst the Surviving Children.

Whoever pretends to Administer upon any Estate shall to give security. bring to the Court Sufficient Security, before the order shall be granted, And an Order thus obtained legally by giving in such Security to be truly accomptable to bring in a true Inventory, and to perform such things as Administered by Law are, required or enjoyned, shall not any time after be reserved, unlesse the party that obtained the Same, dye before he hath given an Accompt of the estate and obtained his Quietus in which case the Court is Impowered to grant the Administration of that Estate so not Accompted for to some other person who may by virtue thereof call the heirs Executors or Administrators of the former Administratores to accompt who shall pay out of the deceased Administrators Estate all such debts as shall be found due to the estate he administered upon in the first place.

Administrators de bonis non.

Executors and

administrators individually li

decedent, in certain cases.

If any Executor nominated in any will and knowing thereof shall not at the next Sessions which shall be above thirty able for debts of days after the decease of the party; or shall not cause the same to be recorded by the Recorder or Clarke of that Court within that Jurisdiction the deceased party last dwelt. Or if any person whatsoever shall not within the same time take Administration of all such goods as he hath, or shall enter upon of any party deceased, or if any person or persons shall alienate or Embezell any lands or goods before they have proved and recorded the will of the deceased or taken Administration, every such person so administering, or Exe. cuting shall be lyable to be sued, and shall be bound to pay all such debts respectively as the deceased party owed whether the estate of the deceased weare sufficient for the same or not and shall also forfeit.

Duty of constable on renunciation

or failure of

ister.

If any person shall renounce his Executorship or that none of the friends or kindred of the deceased party that shall die of executorship, intestate shall seeke for Administration of such persons Esfriends to admin- tate, then the Constable of the Town where any such person shall die, shall give notice thereof to the next Court of Sessions; that so the Court may take order therein, as they shall think meet, who shall also allow such Constable due recompence for his pains But if the Constable shall fail therein, he shall forfeit forty Shillings to the publigue Treasury.

Duties of clerk of sessions.

Memorandum.

That the Clarke of the sessions when he carries the Probates or Commissions of Administation to be signed do then also Certify unto the recorders Office at New York, the name of the testator or the party deceased the Executors or Administrators and their Security, the County and Parrish where they dwelt And the Court wherein the Administration is granted to the end that strangers and other Creditors invested in the Estate may be the better Enabled to find out the Records in which the accompts of the estate is entered and be informed how they may come to their just dues.

Memorandum That what is here spoken of Executors or Administrators the like is ment; and intended also of Executrixes & Administratrixes who in such Cases are to have the same priviledges.

Amercements.

collection of fines

All Amerciaments and Fines that are not expresly regu- Imposition and lated because the meritt of the Case or offence cannot be and amerceforeseen shall be imposed at the discression of the Court.

That all fines and Amercements be collected by the petty Constables who are to give in an Accompt of them to the high Constable Eight days before the Sessions ensuing, and the high Constable shall give in their Accompts to the high Sherriffe eight days before the next Assizes.

Appearance.

ments.

It shall be lawful for the plaintiffe or Defendant to take Right to subout Subpence from the Sherriffe or under Sheriff to Summon poena witnesses. Witnesses to give in their evidence, in Case they will not voluntaryly appear and the witnesses so summoned shall for non Appearance at the Sessions be fined twenty shillings; and for non Appearance at the Assizes forty Shillings Or such other fine or punishment as shall be adjudged by the Court for damage done to the Cause by his non Appearance Provided that noe man shall be punished for non Appearing Punishment for at or before any Court or Counsel, nor for the Omission of non-appearance. any Office or Service, if he shall be necessarily hindred, by any Apparent Act or Providence of God; which he could neither forsee nor avoid Provided also that this Law shall not prejudice any person of his Just cost and Damage in Civill Actions.

Appeal.

judged.

That no Justice of the peace that hath sate as Judge or Appeals, how devoted in any Jnferior Court in that case he is appealed from, termined and shall have any vote in the Superior Court appealed to; but the Case shall be there determined by such as are no way engaged in the same, by Judging or voteing formerly, And in all Cases of Appeales the Court appealed to, shall Judge the Case according to former evidence and no other, unless some material witness was not then in the Country or necessarily hindred from giveing in evidence at the triall, only rectifying what is amiss therein, and where matter of fact is found to agree with the former Court and the Judgement according to Law; not to revoke the Sentence or Judgment; but to abate or increase Damages as shall be Judged Right.

Appellantsto

That in all Case of appeals the appealant do put in good Security for prosecuting the Appeal and payment of Dam- give security. ages to the Defendant if the Appealant be Cast in the Suite for his unjust Molestation.

nal cases.

If the Case of Appeal be of a Criminal nature, the party Appeals in crimishall put in Security for the good behaviour also until the hearing, but if the Case be Capitall, and the person condemned shall appeale; he shall be kept in Goale till the next Assizes and then prosecuted and tryed Accordingly.

All Appeals with the Security aforesaid shall be Recorded To be recorded. at the charge of the party Appealing, and Certified to the Court to which they are made, and the party appealing shall Reasons to be briefly in writing under his owne or his Attorneys hand, give turned to court.

given, and re

Neglect to prosecute appeals.

How appeals to be made.

Costs.

Appraisements regulated.

unto the Clark of the Court from which he did appeal, the Grounds and reasons of his Appeal Six days before the beginning of the Court to which he did appeal the said Clark shall returne to that Court the said writing, and give Coppyes thereof to the defendant and whosoever shall Appeal from the sentence of any Court and not prosecute the same to effect according to Law shall besides his bond to the party forfeit to the Country the sum of Forty shillings for every such neglect.

All appeals are to be made by way of Petition and the Appealant shall pay ten Shillings upon the delivery of the petion unto the Clark of the Assizes for defraying the Charges thereof, over & above two Shillings Six pence to the Clark for entring the Appeal.

Apprisement of Goods.

That the Plaintiffe and Defendant shall choose cach of them two indifferent men for that purpose and in Case of disagreement, the said four, or any three of them, shall choose an Umpire which Umpire so chosen shall be sworn by the next Justice of the peace, to Apprize such Goods indifferently and his Umpirage to be finall. And if the Plaintiffe or Defendant neglect to Appoint Apprizers within three days after Execution is served, notice being given them by the Sheriffe to whom the Execution was directed, that then the Sheriffe in such Case of neglect shall choose and Appoint Apprizers either for the Plaintiffe or Defendant for Apprizing the Goods by him Seized upon Execution as aforesaid That before Such Apprisement the Sheriff shall remove the goods out of the possession of the plaintiffe, and the surplusage, if any be, returned to him, but after Apprisement made as aforesaid, the property to rest in the Sherriffe for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession, and because there can be no Averment against a Record, the Sheriff shall make returne of the Execution to the Clark of the Sessions that granted it, by him to be entered upon Record, under the Order it was issued upon, that so the Satisfaction as well as the Judgement may be Authentickly proved, if Occation Require.

No arrests to be made upon certain days.

Arrest.

That no Sheriff nor other officer shall Execute any writt or warrent upon any person or persons either upon the Sabbath day, upon the day of humiliation for the Death of the late King of Blesed memory upon the day appointed for Thanksgiving for his Majesties happy restoration or upon the 5th day of November provided always that it shall, and may be Lawful for the Sheriff, or any other Officer to apprehend and Carry to prison, any person or persons for Riotts felony or Escape out of prison when under Execution, upon any day, at any place, any thing in the Law to the Contrary notwithstanding.

All that comes to the Sessions or Assizes for publique ser

vice or upon Compultion upon Complaint and Examination Freedom from of the matter by oath, shall be freed from any Arrest dure- arrest. ing their occations so long as the Court sits.

All arrests, writs, warrants and proclamations are to be in his Majesties Name.

Style of writs, &c.

No Person shall be Arrested for any Debt or fine untill the Arrests for debt. time when the Debt or fine shall become due is expired; unless it Doth appear upon Oath, that the Debtor, doth intend to convey himself away upon purpose to avoid the Action, and defraud his Creditors; In which case also, he shall not be arrested but either by Special warrant or warrant from one Justice of the peace or high Sherrife.

In case any suite or action depends between two persons Arrests in suits of one Town, the one shall not cause the other to be arrested between two persons residing in in any other Jurisdiction upon any pretence but by special same town.

warrant.

Arrests to pre

testliying.

Whosoever shall upon pretence of Debt or trespass Arrest any Person with intent to disinable him from giving in Testi- vent persons from mony in any Case depending, or from prosecuting any Suite in which he stands engaged shall be punished by Fine and Imprisonment at the discression of the Court, and the person so Arrested shall be set at liberty. Neither shall the Cause, for want of such evidence, whilst under Arrest, be Adjudged to the prejudice of either Plaintiffe or Defendant.

Any person under arrest except in cases not bailable may Persons arrested be set at Liberty to prosecute, Answer, or give in evidence may give bail. at the Sessions or Assizes, Security being given for his return to prison, and in case no baii or Security can be found, the Court may send for the party by Special warrant.

on bail given.

No mans person shall be longer imprisoned for Debt or To bo discharged fine than he can find Securityes for his Answering the Suite, or paying the Debt. And if it shall Appear to the Court, that the person impleaded hath a Competent man to give Satisfaction out of his Estate reall or personal for the said Debt, Then the Court shall Discharge the person and Secure the Plaintiffes debt out of the Defendants Estate.

Imprisonment for

All Persons of known Estates who to beget strife refuse the payment of their Just Debts if arrested and Imprisoned, debt. shall be kept at their own charge, and not the Plaintiffes, till Surety be given or Satisfaction made Provided that no mans person shall be kept in prison for debt or fine, Longer then the Second Day of the next Sessions after the Arrest unlese the Plaintiffe shall make it appear that the person Arrested hath some Estate which he will not produce, In which Case the Court may Authorize an Oath to be Administered to the party or any other Suspected to be privie in Consealing his Estate, And the Court shall also order if no Estate can be found, that the Debtor shall Satisfie his Debt by service, if the Creditor so require, as also the charge of his arrest and imprisonment.

Assesments.

All assessments shall be made by the Constable and the How assessments Eight Overseers of the Parrish proportionable to the Estate to be made. of the Inhabitants in the Town or parrish where such As