New York (State).

The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le online

. (page 26 of 92)
Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 26 of 92)
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Enacted.

AND BE IT ENACTED by his Excellency the Governor the
Council and the General Assembly, and it is hereby Enacted by
the Authority of the same, (any Misprisons or Mistakes in the
proceedings of the said Assignees or Creditors of the said Cor-
nelius C Wynkoop or of any other Person on the beforementioned
Act of the Legislature of this Colony notwithstanding.) That all
and singular the Real and Personal Estate conveyed by the said
Cornelius C Wynkoop and Mary Catharine his Wife to the said
Assignees or by their Order and Direction for the Benefit of the
said Creditors is hereby fully confirmed to the said Assignees
their Heirs and Assigns, and that Benjamin Booth, Sampson
Simpson and John Taylor the said Assignees and the Survivors
and Survivor of them shall have full power and Authority in
their own Names or in the Names or Name of the Survivors or
Survivor of them to sue for and recover all and every Part of the
Real and Personal Estate of the said Cornelius C Wynkoop and
Mary Catharine his Wife assigned to them for the Benefit of the
said Creditors, and to grant bargain sell and dispose of the same
and to make and execute good and sufficient Deeds and Convey-
ances for the same in Fee Simple and to proceed to convert the



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256 LAWS OF THE COLONY OF KEW YORK.^

Estate of the said Cornelius Wynkoop and Mary Catharine his
Wife into Money as soon as conveniently may be for the general
Benefit and advantage of all the Creditors of the said Cornelius
C Wynkoop.

AND BE IT FURTHER ENACTED by the Authority afore-
said that the said Assignees and the Survivors and Survivor of
them, for the full Execution of the Trust reposed in them by the
said Cornelius C Wynkoop and his Creditors, shall and may have
and exercise all the Powers and Authorities v^rhich v^ere hereto-
fore given to any Assignee or Assignees of Insolvent Debtors by
the several Acts of the Legislature of this Colony, which were
continued by an Act intitled *'An Act to continue the several Acts
•* therein mentioned respecting the relief of Insolvent Debtors,"
passed the nineteenth Day of December one thousand seven hun-
dred and sixty six, and which are expired by their own Limita-
tion, and as to a Division of the said Estate shall conform to the
Directions of the said Acts as fully and effectually as if all the
said Acts respecting the Relief of Insolvent Debtors were now in
lull Force.

AND BE IT ENACTED by the Authority aforesaid that the
said Cornelius C Wynkoop having given up and regularly con-
veyed together with his said Wife Mary Catharine to the said
'Assignees or to any Person or Persons by their Order for the
Benefit of his Creditors all his her and their Estate both Real and
Personal (except the said Articles of Household Furniture men*
tioned in the herein before in Part recited Petition) shall be fully
and absolutely discharged from all Debts or Demands due from
him at the Time of the Assignment by him made to the said
Assignees, or contracted before that Time though payable after-
wards, and that if the said Cornelius C Wynkoop is or hereafter
shall be sued or prosecuted for any such Debt Demand or Con-
tract it shall and may be lawful for him to plead the general
Issue and give the special Matter in Evidence,

AND BE IT FURTHER ENACTED by the Authority afore-
said, That if any Person or Persons shall be sued for any Matter
or Thing to be done in pursuance of this Act, It shall and may be
lawful for him or them to plead the general Issue and give the
special Matter and this Act in Evidence.

AND BE IT FURTHER ENACTED that this Act shall be and
continue in full force as to the Power of every Court and also as
to the Power of all and every Assignee or Assignees, person or
pei'sons interested or concerned in or with the Estate of the said



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LAWS OP THE COLONY OP NEW YORK. 257

Cornelius Wynkoop and Mary Catharine his Wife or either of
them until a full and final Settlement and Division of the same
shall be made according to the true Intent and Meaning of
this Act

[CHAPTER 1506.]
[Chapter 1506 of Van Scliaack, wbere the title only is printed.!

An Act for the Relief of Elizabeth Sea-
bury an Insolvent Debtor.

[Passed. February 16, 1771.J
WHEREAS the said Elizabeth Seabury and sundry of her
Creditors, by their Petition to the General Assembly did set
forth. That the Reverend Samuel Seabury her late Husband
deceased was at the Time of his Death considerably indebted as
well by Bond as otherwise to divers Persons, and having left his
Widow the said Elizabeth sole Executrix of his Will, she took
upon herself the Administration thereof, and made the most of
his Estate by sale except as to some of the Movables which she
retained in her own Hands for the purpose of keeping House, and
except a small Piece of Land in the Town of Hempstead, which
she herself purchased for one hundred Pounds to erect a Dwell-
ing House on, which House she afterwards did erect, and in the
doing thereof received considerable Help and Assistance from
the People of the Parish. That the said Elizabeth Seabury lately
finding that the Debts due from her Testator on Bonds had accu-
mulated so much by their growing Interest as to render her
unable fully to discharge them together with some Debts of her
own, contracted for her necessary Subsistance, conveyed all her
Estate Real and Personal to Samuel Clowes and Richard Hewlett
Esquires as Trustees for the Benefit of her own and her said Hus-
bands Creditors, which Estate it is supposed will amount to
about four hundred and thirty Pounds, besides which there is a
Debt due of about one hundred and forty Pounds to her Testator
fn the Colony of Connecticut. That the Petitioners from the best
Computation they can make, suppose there is due from the said
Elizabeth both as Executrix of her said Husband, and in her
own Right about seven hundred and twenty Pounds, near if not
quite three fourths of which whole Sum is due to the said Peti-
tioning Creditors, who are willing and desirous to have her
Estate proportionably distributed among all her Creditors, and
that she be thereupon discharged and pray that the Petitioners
may be relieved in the Premises.

Vol. V. 33



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258 LAWS OF THE COLONY OF NEW YORK.

BE IT THEREFORE ENACTED by his Excellency the Gover-
nor the Council and the General Assembly, and it is hereby
Enacted by the Authority of the same That the said Elizabeth
Seabury in order to the obtaining a full Discharge from all her
Creditors as herein after directed, shall deliver in writing to one
of the Judges of the Supreme Court of this Province, or to any
one of the Judges of the Inferior Court of Common Pleas in and
for Queens County, a full just and true Inventory and Account
according to the best of her knowledge, as well of all the Debts
she owes both in her own Right and as Executrix of her said Hus-
band, and of the Persons to whom the same are due respectively,
as of all the Estate Real and Personal which she hath already
conveyed as aforesaid to the said Trustees named in the said
Petition, and of all such other Estate Chattels and Effects Real
and Personal (except the wearing Apparel of the said Elizabeth)
which the said Elizabeth hath as well in her own Right, as that
which she hath in her Right as Executrix of her said Husband (if
any such Estate still remaineth in her Hands) and on the Delivery
of such Accounts as aforesaid she the said Elizabeth shall take
an Oath to be administred by the Judge to whom such Account
or Accounts shall be delivered, to the Effect following, that is to
say That such Account or Accounts do contain to the best of her
knowledge and Belief a full just and true Account of all the Per-
sons to whom the said Elizabeth either in her own Right or as
Executrix of her said Husband stands indebted, and of the Sums
respectively due to them, and that she hath not, either of her
own or her said Husbands Estate, any Thing more than what is
mentioned and specified in such Account except her wearing
Apparel, and that she hath -not concealed or made over any of
her own or her said Testators Estate or Effects directly or indi-
rectly with intent to defraud any of his or her Creditors, or in
Trust for herself or otherwise howsoever (except to the said
Trustees as aforesaid.)

BE IT FURTHER ENACTED by the Authority aforesaid.
That before the said Elizabeth Seabury shall be discharged by
virtue of this Act such and so many of the Creditors of the said
Samuel Seabury at the Time of his Death, and the Creditors of
the said Elizabeth Seabury in her own Right who have become
Petitioners to the General Assembly as aforesaid, and such other
of the said Creditors as shall or may hereafter prefer a
Petition to the Judge aforesaid, to whom such Accounts
shall be delivered as aforesaid, praying for the Dis-



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LAWS OF THE COLONY OF NEW YORK. 259

charge of the said Elizabeth Seabury under this Act, if any such
other Creditors shall so Petition whose Debts remaining due,
shall in the whole, amount at least to two equal third Parts of
all the Money due and owing from the said Elizabeth, both as
Executrix of her said Husband and in her own Right, shall
respectively make Oath to the Amount of their respective
Demands aforesaid, before such Judge to whom such Accounts
as aforesaid shall be delivered by the said Elizabeth Seabury;
And the Proportion of two thirds as aforesaid shall be deter-
mined from the Sums respectively to be Sworn to by the Cred-
itors, and the whole Amount of the Debts that shall be sworn to
by the said Elizabeth Seabury as aforesaid, unless where any
Debt so to be sworn to by her, shall appear to such Judge on the
Oath of the said Creditors respectively to be more or less than
the Debt so to be Sworn to by the Creditors respectively, and in
such Case, the Debt sworn to by the Creditors respectively shall
be the Rule for ascertaining the said Proportion of two thirds of
the whole.

BE IT FURTHER ENACTED by the Authority aforesaid,
That when and as soon as the said Elizabeth Seabury shall have
complied with the Directions herein before mentioned in this Act,
and the said Proportion of two thirds of the whole Debts shall
be fixed and ascertained, in the Manner herein before directed;
then such Judge to whom such Accounts as aforesaid shall be
delivered, is hereby required to give to her the said Elizabeth
Seabury a Certificate thereof and a Discharge under his Hand
and Seal, and she the said Elizabeth Seabury shall from thence-
forth by virtue of this Act be fully and absolutely released and
discharged as well of and from all the Debts which she owes as
Executrix of the last Will and Testament of her said Husband,
as of and from all such Debts which she Owes in her own Right
and for and on her own Account to any Person or Persons what-
soever. And in all Suit or Suits brought or to be brought against
her thfj said Elizabeth for any Debt due from her either in her
own Right, or as Executrix of her said Husband before such Dis-
charge, she shall and may plead the General Issue and give this
Act in Evidence, and the Judges Certificate and Discharge afore-
said shall be in all Courts on the Trial of such Issue sufficient
Evidence of such her Discharge under this Act.

BE IT FURTHER ENACTED by the Authority aforesaid that
from and immediately after the said Judge giving such Certifi-
cate and Discharge as aforesaid, agreeable to the Directions of



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2C0 LAWS OF THE COLOlS'Y OF NEW YORK.

this Act, they the said Samuel Clowes and Richard Hewlett shall
be and are hereby declared to be absolutely vested with all such
Estate which hath been already conveyed to them as aforesaid
by the said Elizabeth Seabury, and the Monies which have arisen
or shall arise from the Sale thereof; as also with a full Right
and Title to all such other Estate and Effects which shall be
mentioned and specifyed in the Inventory and Account to be ren-
dered as aforesaid by the said Elizabeth Seabury. IN TRUST
for the Benefit of all the Creditors of the said Samuel Seabury
deceased, whose Debts remain unpaid, and for all the Creditors
of her the said Elizabeth in her own Right in proportion to their
respective Debts and to no other use Intent or Purpose whatso-
ever, and the said Trustees are hereby authorized required and
directed after such Estate and Effects shall be vested in them by
virtue of this Act to sell the same and to pay the Monies that
have already arisen or shall arise from the Sale of the said Estate
conveyed to them as aforesaid, and such other Estate as shall be
mentioned in the said Inventory proportionably among all the
said Creditors; and the said Trustees are hereby required
respectively to take an Oath before such Judge to whom the
Inventory and Account aforesaid shall be rendered, well and
faithfully to execute the Trust hereby reposed in them to the best
of their Skill and understanding, and shall keep just and true
Books of Accounts of the same. PROVIDED ALWAYS that
such of the said Creditors, who shall not have Sworn to their
respective Debts before the said Judge in the Manner aforesaid,
shall be obliged to make Oath of the Amount of their respective
Demands before he she or they shall be entitled to receive their
respective Dividends aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That before any Dividend be made pursuant to this Act,
the said Trustees shall advertise the Time and Place for making
such Dividend at least for one Month, in one of the Public News
Papers of this Colony, and that all Monies which in virtue of
the said original Trust have already been received, and
which in virtue of this Act shall hereafter be received by the
said Trustees or either of them within three Months next after
the said Elizabeth Seabury's procuring such Certificate and Dis-
charge as aforesaid, shall be proportionably paid to, and divided
in Manner aforesaid, among all the said Creditors within ten
Days after the expiration of the said three Months, and such
other Monies as the said Trustees shall receive on Account of



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IjAVVB op the colony of new YORK. 261

their Trust aforesaid within six Months next after the Expiration
of the said three Months, shall be paid and divided proportion-
ably as aforesaid within ten Days next after the Expiration of
the said six Months, the «aid Trustees giving the like Notice as
aforesaid of the Time and Place for making such second Divi*
dend, and all such other Monies as the said Trustees shall receive
on account and by virtue of their Trust aforesaid, within one
Year next after the Expiration of the said six Months shall be
divided among the Creditors as aforesaid within ten Days next
after the Expiration of the said Year on the like Notice as afore-
said, and all such other Monies as the said Trustees shall receive
on Account and by virtue of their Trust aforesaid within one year
next after the Expiration of the said one Year shall be divided
among the Creditors as aforesaid within ten Days next after the
Expiration of the said Year on the like Notice as aforesaid.
PROVIDED ALWAYS that before such Dividend be made
respectively it shall and may be lawful for the said Trustees to
retain in their Hands all reasonable Expences which they have
been or shall be put to in the Execution of the said Trust, and
they shall and may also recover by suit in their own Names or in
the Name of the Survivor of them all and every of the Debts that
shall be due at the Time of the said Elizabeth's Discharge, to the
said Elizabeth either in her own Right or as Executrix of the
Last Will and Testament of her said Husband and if the said
Elizabeth Seabury or any one of the Creditors aforesaid who
shall make Oath respecting their Demands as aforesaid shall
knowingly swear false in the Premises, the Person and Persons
so Offending and being thereof convicted, shall be deemed
Guilty of wilful and corrupt Perjury and be subject to Punisl>
ment as in Cases of Perjury.

[CHAPTER 1507.]

(Chapter 1507 of Van Sebaack, where the title only Is printed. Con-
firmed by the King.]

An Act to impower Philip Van Cortland,
the eldest Son and Heir at Law of Mary
Walton Hughes, Tenant in Tail of a certain
House and Lot of Ground in the City of New
York, to hold the same in Fee Simple.

[Passed, February 16, 177L]
WHEREAS Philip Van Cortland of Queen's County on Nassau
Island and Province of New York Esquire hath by Petition repre-



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262 LAWS OF THE COLONY OF NEW YORK.

Bented to the General Assembly that by virtue of the Last Will
and Testament of his Grandfather William Ricketts deceased,
his Mother Mary Walton the present Wife of the Reverend Philip
Hughes became vested with an Estate in Fee Tail of and in all
that certain House and Lot or Piece of Land situate in the City
of New York, bounded Westerly in Front on John's Street,
Northerly on Nassau Street, Easterly by the Lots of Crolius,
Turk, Hubbard and others, and Southerly by an Oil-Mill and
sundry Lots, which said House and Lot of Ground are now in the
possession of Jacob Le Roy of the City aforesaid Merchant, That
he the said Philip Van Cortland is the eldest Son and Heir at
liaw of the said Mary Walton Hughes, and hath procured a
Release from his said Mother and her Husband the said Philip
Hughes for the abovementioned Premises. That he the said
Philip Van Cortland being then ignorant that he held the same
in Fee Tail charged the said Premises with the payment of sun-
dry large Sums of Money which he had undertaken to pay in dis-
charge of Debts due from his late Father Stephen Van Cortland
Esquire and which by law he was not compellable to satisfy.
That his said Mother now dwells and resides at a great Distance
from the said City of New York, is infirm, and not capable of
being removed here by reason whereof the said Philip Van Cort-
land is prevented from pursuing the said Intail to be docked
agreeable to the Forms prescribed by the Common Law, and being
thereby exposed to great difficulties, prays that by an Act for
that purpose to be made and passed he may be vested with an
Estate in Fee Simple of and in the Premises aforesaid. WHERE-
FORE as the said Philip Van Cortland cannot procure the said
Intail to be docked agreeable to the Forms of the Common Law,
and the Prayer of the said Petition being therefore proper to be
granted.

BE IT ENACTED by his Excellency the Governor the Council,
and the General Assembly, and it is hereby Enacted by the
Authority of the same. That the Estate Tail in the Premises
aforesaid created by the said last Will and Testament of the
aforenamed William Ricketts deceased, shall cease determine and
be absolutely void, and that the said Philip Van Cortland shall
hold the same and every Part thereof with the Hereditaments
and appurtenances thereunto belonging in Fee Simple.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That every Lawful Act and Deed heretofore made done or
suffered by the said Philip Van Cortland to charge the said



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LAWS OF THE COLONY OP NEW YORK. 263

Premises with the payment of any Snm or Sums of Money shall
be deemed, and are hereby declared to be as valid and effectual
to all Intents and Purposes as if the said Philip Van Cortland
had always held the said House Lot of Ground and Premises
aforesaid in Fee Simple.

PROVIDED ALWAYS NEVERTHELESS that Nothing In
this Act contained shall be construed to confirm the original Title
which the said Philip Van Cortland or those under whom he
holds, claim or claimed to the said Premises or to bar the Right
which any other Person or Persons may have to the same, it being
the Intent of this Act not to give the said Philip Van Cortland
Title to the said Premises, but to alter the Estate by which he
claims to hold the same from a Fee Tail to a Fee Simple. PRO-
VIDED ALSO that this Act shall not be enforced until the same
shall have received the Royal Approbation.

[CHAPTER 1508.]
IChapter 1608 of Van Schaack, where only a portion of the act Is printed.]

An Act for naturalizing the several Per-
sons therein named.

[Passed, February 16, 1771.]

WHEREAS John Cook, George Cook, John Smith, Peter Wit-
mur, Michael Kesmer Junior, Jacob Walter, Jacob Meyars, Chris-
tiaen Shutz, Jacob Schith, Jacob Creighoof, Michal Walliser,
Johannes Walter, Andreas Fort, John Casper Pere, Jacob Graaf,
John Bartholomew, Michael Riche, Conradt Moore, Martin Sim-
son, Philip Kileman, Martin Lasler, George Hough, William
Shouman, Jacob Waggoner, Jacob Bickle, George Tundell, John
Smith, Adam Plank, Daniel Feick, Michael Heigle, Godfrid Easy,
Michael Myar, Andreas Schough, Francis Fry, John Halth, Chris-
tian Schick, George Schinck, John Rush, Peter Bos, Ignace
Labat, Joseph Simons, Anthony Betellbrunt, Jacob Hoghstrasser,
Johan Adam Frank, Michael Shadwell, David Shadwell, Fred-
erick Wolfe, Lewis Fueter, Peter Anckten, John Quithlot and
Frederick Myer, have by their Petition presented to the General
Assembly desired they may be naturalized and become his
Majesty's liege Subjects within this Colony.

BE IT THEREFORE ENACTED by his Excellency the Gover-
nor, the Council and the General Assembly, and it is hereby
Enacted by the Authority of the same. That the before named
John Cook, George Cook, John Smith, Peter Witmur Michael



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Zii^ LAWS OF THE COLONY OF NEW YORK,

Kesmer Junior, Jacob Walter, Jacob Meyars, Christiaen Shutz,
Jacob Schith Jacob Creighoof, Michael Walliser, Johannes
Walter, Andreas Fort, John Casper Pere, Jacob Qraaf, John
Bartholomew, Michael Riche, Conradt Moore, Martin Simson,
Philip Kileman, Martin Lasler, George Hough, William Shou-
man, Jacob Waggoner, Jacob Bickle, George Tundell, John
Smith, Adam Plank, Daniel Feick, Michael Heigle, Godf rid Easy,
Michael Myar, Andreas Scough, Francis Fry, John Halth, Chris-
tian Schick, George Schinck, John Rush, Peter Bos, Ignace Labat,
Joseph Simons, Anthony Betellbrunt, Jacob Hoghstrasser, Johan
Adam Frank, Michael Shadwell David Shadwell Frederick
Wolfe, Lewis Fueter, Peter Anckten, John Quithlot and Fred-
erick Myer and each and every of them shall be and are hereby
declared to be naturalized to all Intents constructions and pur-
poses whatsoever, and from henceforth and at all Times here-
after shall be entitled to have and enjoy all the Rights Liberties
Privileges and Advantages which his Majesty's natural born Sub-
jects in this Colony have and enjoy, or ought to have and enjoy
as fully to all Intents and Purposes whatsoever as if all and every
of them had been bom within this Colony.

PROVIDED ALWAYS and it is hereby further Enacted by
the Authority aforesaid. That each of the above mentioned Per-
sons shall take the Oaths appointed by Law instead of the Oaths
of Allegiance and Supremacy, subscribe the Test and make,
repeat, swear to and subscribe the abjuration Oath, in any of his
Majesty's Courts of Record within this Colony which Oaths the
said Courts are hereby required upon Application to them made
to administer, take the subscriptions, and Cause the Names of
the Persons so swearing and subscribing to be entered upon
Record in the said Courts, and the said before mentioned Persona
are hereby each of them required to pay the several Sums here-
after mentioned, that is to say, to the Speaker of the General
Assembly the sum of ten shillings, to the Judge of such Court
the sum of six Shillings, and to the Clerk of such Court the Sum
of three Shillings.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That If the said Persons or any of them having so sworn
and subscribed as aforesaid shall demand a Certificate of his or
their being entered upon Record in the Manner before directed,
the Court or Courts in which such Oaths and subscriptions shall
be made are hereby directed and required to grant such under
the Hand of the Judge and Seal of the said Coart or Courts in



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LAWS OP THE COLONY OP NEW YORK. 265

wUcIi snch Oaths and subscriptions as aforesaid shall be made,
countersigned by the Clerk of the said Courts; for which Certifi-
cate each of them, shall pay over and above the Sums abovemen-
tioned the Sum of six Shillings one half to the Judge of such
Court or Courts, and the other half to the Clerk thereof, which
Certificate or Certificates shall be at all Times to the Person or
Persons therein named a suflBcient Proof of his or their being
naturalized by virtue of this Act in as full and efifectual a Manner
as if the Record aforesaid was actually produced by the Person



Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 26 of 92)