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 42 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 42 of 92)
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Oaths the said Courts are hereby required upon Application to



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410 LAWS OP THE COLONY OF NET? YORK,.

them made to admiDister, 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 beforementioned
persons are hereby, each of them required to pay the several
Sums hereafter mentioned, thaf 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 Court or Courts in
which such Oaths and Subscriptions as aforesaid shall be made,
countersigned by the Clerk of the said Courts: for which Cer-
tificate each of them shall pay over and above the Sums above
mentioned, the sum of six Shillings, one half to the Judges 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 sufficient Proof of his or
their being njituralized by virtue of this Act in as full and
effectual a Manner as if the Record aforesaid was actually pro-
duced by the Person or Persons so named in such Certificate.

PROVIDED ALSO and be it enacted by the Authority afore-
said, That such of the Persons hereby naturalized, as shall not
take the Oath, Test and Abjuration in Manner herein before di-
rected within twelve Months next after the Publication hereof,
shall have no Manner of Benefit by this Act, any Thing herein
contained to the contrary notwithstanding.

AND BE IT ENACTED by the same Authority, That the Pub-
lic Printer of this Colony, shall and hereby is directed and re-
quired to print this Act, as if the same was a public Law of this
Colony,

[CHAPTER 1565.]
[Chapter 15C5, of Van Scliaack, where the title only is printed.]

An Act for the Relief of Insolvent Debtors
within this Colony.

[Passed, March 24, 1772.J

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly and it is hereby enacted by the Au-



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LAWS OP THE COLONY OP NEW YORK. 417

thority of the same, That Israel Horsfield Junior, Elias DeGrushe,
Frederick Wisenfels, Charles Moore, James Sloan, Joseph Hauser
Peter Shackerly, John Godfreid Muller, William Young, David
Irish, Joseph Hopkins, Seth Sherwood, Eliathan Ashman, Isaac
June, Godfreid Stock, John Dewey Cornelius Malone, John Roff
and Richard Hilton, Insolvent Debtors in this Colony, shall and
may, and hereby are allowed to take the Benefit of the several
Acts continued by an Act entitled. "An Act to continue the
"several Acts therein mentioned respecting the relief of in-
" solvent Debtors," passed the nineteenth Day of December one
thousand seven hundred and sixty six and which are expired
by their own Limitation as fully and effectually, as if the said
Acts respecting the Relief of insolvent Debtors were now in
actual and full force.

AND WHEREAS it appears by the joint Petition of Frederick
Wisenfels and a considerable Number of his Creditors, that a
Debt was due from the said Fredrick Wisenfels unto Isaac Man
an insolvent Debtor at the Time that he the said Isaac became
insolvent, AND WHEREAS the Assignees of the said Isaac do
not conceive themselves Authorized by any Law of this Colony
to join in a Petition for the Relief of the said Fredrick.

BE IT THEREFORE ENACTED by the Authority aforesaid,
That it shall and may be lawful to and for the Assignees of the
said Isaac Man or the Major part of them to join in a Petition
with the said Fredrick and with the Creditors of the said Fred-
rick in order to his obtaining the Benefit of said Acts, pro-
vided it appears to them the said Assignees or the major Part of
them by the Books of said Isaac Man or otherwise that the said
Debt was actually due from the said Fredrick to the said Isaac
at the Time that the said Isaac became insolvent, and the As-
signees of the said Isaac shall certify under their Hands to the
Judge or Judges to whom such Petition shall be preferred the
Sum that to them appears due from the said Fredrick to the said
Assignees, which Certificate shall be as full and effectual as if
ihe said Assignees had taken the Oath prescribed by the said
A«ts, or one of them for Petitioning Creditors to take, any Thing
in the said Acts to the contrary notwithstanding.

PROVIDED ALWAYS That Nothing in this Act shall ex-
tend or be construed to extend to the discharge of any of the said
Debtors if he shall stand chargeable at the Suit of the Crown or
to affect any Creditors residing in Great Britaiiu
VoL V. 53



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ttlS LAWS OP THE COLONY OP NEW YOEKL

[CHAPTER 1566.1
i [Ghapter 1566, of Van Schaack, where the title only is printed.]

An Act for the Belief of insolyent Debtors
frithin this Colony with respect to the Im-
prisonment of their persons.

[Passed, March 24, 1772.]

WHEREAS in Imitation of the Wise and Benevolent Example
of the British parliament the Legislatnre of this Colony hath
frequently passed occasional Laws for the Relief of such unfor-
tunate persons who are become unable to discharge their whole
Debts, and who by Means of their Confinement are rendered not
only miserable to themselves and Families but useless to the
Community. AND WHEREAS it has been represented to the
General Assembly that the several persons hereinafter men-
tioned imprisoned in different Goals in this Colony are destitute
even of the common Necessaries of Life, and it is conceived
reasonable if their Creditors will not consent to their Enlarge-
ment or Contribute to their Subsistence, that such persons
should be relieved by the Legislature, TO THIS END

BE IT ENACTED by his Excellency the Governor, the Coun-
cil, and the General Assembly, and it is hereby Enacted by the
Authority of the same, That such of the Creditors of the
following persons Vizt. of Simon Losee confined in Queens
County Goal, John P Smith, and Jacob Mace, In Orange
County Goal: George Johnson, James Wilson, John
Graham, Dennis Woortman, James Way, William Peek,
Frederick Groome, and John Smith, In New York Goal:
Beth Scofield in Ulster County Goal: John Christy, and George
Charters in Albany Goal; and Thomas Robinson in Suffolk
County Goal, who shall insist upon such their Debtor's being de-
tained under their respective Confinement shall within one Month
after the publication of such Advertisements as are herein after
directed agree by Writing under their Hands to pay and allow
four Shillings per Week unto the said prisoners respectively to
be paid the Monday of every Week so long as he shall continue in
prison at his or their Instance, AND if such Agreement as afore
said shall not be entered into, or if entered into not punctually
complied with, and on Failure of the payment of such Weekly
Sum at any Time such of the said prisoners whose Creditor or
Creditors shall not enter into such Agreement OB shall fail Oom-



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LAWS OF THE COLONY OP NEW YORK. 419

plying with It as aforesaid shall be entitled to the benefit of this
Act upon Complying with the Terms and Conditions herein
after Imposed.

AND BE IT FURTHER ENACTED by the Authority afore-
said that it shall and may be lawful for each and every of them
the said Simon Losee, John P Smith, Jacob Mace, George John-
son, James Wilson, John Graham, Dennis Woortjnan, James
Way, William Peek, Frederick Groome, John Smith, Seth Sco-
field, John Christy, George Charters, and Thomas Robinson to
present a Petition to the Court out of which any process against
them respectively hath issued, and upon which thay are impris-
oned, or to any two of the Judges of such Court, certifying the
Cause or Causes of his Imprisonment, and exhibiting an Account
and Inventory of his whode real and personal Estate, and of the
Securities relating to the same, Which Petition with the said
Account and Inventory shall be lodged with the Clerk of the said
Court for the Inspection of the Creditors, AND after such Peti-
tion presented and Account and Inventory filed such prisoners
shall respectively publish Advertisements in one or more of the
public News Papers of this Colony Notifying their Creditors that
they intend to apply to the said Court or to any two of the Judges
thereof at a certain Day not less than four Weeks from the Publi-
cation of such Advertisements respectively to be discharged ac-
cording to the prayer of his or their said Petition. At which Djolj
the said Court or the said two Judges may (and are hereby re-
quired by precept under their Hands and Seals directed to the
Sheriff, Goaler or Officer in whose Custody such prisoner or
prisoners may be, to) order the said prisoner or prisoners re-
spectively to be brought up before such Court or such Judges,
and if such provision as is aforesaid hath not been made for the
Subsistence of the said prisoner or prisoners by his or their
Creditors respectively, the said Court or Judges may then re-
spectively administer the following Oath or AlQfirmation.

I, A. B. do Solemnly Swear or Alfirm that the Account by me
now delivered is a just and true Account of all my Creditors,
and the Monies owing to them respectively BY me to the best
of my Knowledge and Remembrance, And that the Inventory
and Account now delivered by me is a just and true Account of
all my Estate real and personal both in Law and Equity, either
m possession. Reversion or Remainder (the necessary Wearing
Apparel of myself, my Wife and Children, and Family imme-
diately under my Care excepted) and I have not directly or in-



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420 LAWS OF THE COLONY OF NEW YORE;

directly Sold, Leased, Assigned, or otherwise disposed of op
made over either in Trust for myself or otherwise, except as set
forth in the same Account any part of my Estate real or per-
sonal for my future benefit, op in order to defraud my Creditors,
and that none of my Creditors reside in Great Britain, Bo help
me God.

WHICH Oath or Affirmation being taken if the Truth thereof
«hall be denied or controverted by any of the Creditors the said
Court or Judges may appoint some farther Day for hearing the
parties as well Debtors as Creditors, and upon such farther
hearing may in their Discretion either remand the said Debtors
or proceed to their Discharge, as if no s<ich farther hearing had
been required. BUT if the said Oath or Affirmation shall not
be controverted or denied then the said Court or Judges may
immediately order the Lands, Goods and Effects contained in
such Account and Inventory to be by a Short Indorsement on the
back of such petition executed by the prisoner, assigned to the
said Creditors or one or more of them in Trust for all his or their
Creditors, or to some other person or persons to be appointed
by the said Court or Judges respectively in Trust for all the
Creditors, and also for all Attornies, Sheriffs, Coalers, and other
Officers with respect to their Fees for which they shall come in
as the Creditors of the Insolvent, abating pro Rata, By which
Assignment such Estate shall actually vest in and be taken in
possession of by the said Trustee or Trustees, according to the
purport of such Assignment, and shall be divided by the As-
signees from Time to Time among all the Creditors in propor-
tion, after six Months previous Notice published in one of the
public News papers of such Assignment, and requiring all the
Creditors to send in their Demand and if any part thereof is in
the possession of any other person or persons the SAME shall
be recoverable in the Name or Names of such Trustee or Trus-
tees who are hereby fully authorized to dispose of and execute
good and sufficient Deeds for the same or any part thereof, and
to divide and distribute as well the Monies thence arising, as
such other Monies which shall come into their Hands by Virtue
of this Act among the Creditors of the said Debtors respectively,
and the Officers aforesaid to whom any Fees may be due in pro-
portion to their respective Debts or Demands, according to the
true Intent and Meaning of this Act, to which no Release from
the Insolvent shall be any Bar. AND immediately upon such
Assignment being made, and the Effects of the Insolvent de^



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LAWS OF THE COLONY OP NEW YORK. 421

I
livered to the said Trustee or Trustees. The said prisoner or
prisoners shall by order of the said Court or Judges be dis-
charged out of Custody, And such Order shall be a suflScient
[Warrant to the Sheriff, Goaler or keeper of such prisoner to
discharge such prisoner or prisoners if detained for no other
Cause or Causes than mentioned in such his or their petition,
and he is required forthwith to discharge, and set him or them
at Liberty without Fee, And upon such discharge the said
Debtors shall be finally released from all Debts contracted and
all Judgments obtained^ before that Time, and shall not be liable
to be sued or arrested or to have their Lands or Tenements,
Goods or Chattels seized by Virtue op in Consequence thereof.
AKD every person who shall be convicted of wilful false Swear-
iiig in any Matter or Article contained in the said Oath he or
she shall be guilty of Felony and suffer the pains of Death with-
out Benefit of Clergy.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that if any of the said Debtors shall be sued for any Debts
accrued before the publication of this Act, or if any Judge or
olher Officer shall be sued for any Thing done in pursuance and
under the Authority of this Act such Defendant may plead the
General Issue, and give this Act and the special Matter in Evi-
dence. PROVIDED that this Act shall not extend to discharge
any PERSON who shall stand committed at the Suit of the
Crown, And PROVIDED ALSO that this Act shall not be con-
strued to affect any Creditor or Creditors residing in Great
Britain, any Thing herein contained to the Contrary Notwith-
fltanding.

[CHAPTER 1567.]
[Chapter 1507, of Van Schaack, where the title only is printed.]

An Act for the Relief of John Cox and
Catharine Heysham Insolvent Debtors confined
In Goal in the City of New York.

[Passed, March 24, 1772.]
WHEREAS the distressing Situation of such unfortunate
Persons who have been rendered incapable of discharging their
Debts, has ever been an Object of the Attention of the Legisla-
ture. AND WHEREAS it appears by the Petition of John Cox
and Elizabeth Heysham that they have been respectively under a
long Confinement, by Reason whereof their Effects which they



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jA23 LAWS OF THE COLONY OF NEW YORK*

are desirous of applying as far as they will go to the Satisfaction
of their Creditors are daily diminishing. WHEREFORE,

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly, and it is hereby enacted by the Au-
thority of the same That it shall and may be lawful to and for the
said John Cox and Catharine Heysham and each of them to pre-
sent a Petition to the Court out of which any Process against
them respectively hath issued or to any two of the Judges of
such Court (exhibiting at the same Time an Account and In-
ventory of all Monies owing by and of all Estate real and personal
belonging, and of all Debts due to them respectively.) praying
to be discharged from his or her said Imprisonment, upon which
Petition being so presented such Court may by Rule or Order of
Court if it shall be in Term Time, or if in the Vacation any twa
of the Judges thereof by Warrant under their Hands and Seals
directed to the Goaler in whose Custody he or she is may order
such Prisoner to be brought up» and being so brought up ad-
minister to him or her the following Oath, (to wit) " I A. B. do
"solemnly swear that the Account by me now delivered is a just
" and true Account of all my Creditors, and the Monies owing to
"them respectively by me to the best of my knowledge and
"Remembrance, and that the Inventory and Account now de-
" livered by me is a just and true Account of all my Estate real
" and personal both in Law and equity either in possession Re-
" version or Remainder (the necessary wearing Apparel of myself
" and Family immediately under my Care excepted) and I have
"not directly or indirectly, sold, leased assigned or otherwise
" disposed of or made over either in Trust for myself or otherwise
" except as set forth in the same Account, any part of my Estate
" Real and Personal for my future Benefit or in order to defraud
" my Creditors, so help me God."

Which Oath being so taken as aforesaid if Proof shall be made
to the said Court or Judges that Notice has been given in one or
more of the Public News Papers of this Colony (which the said
Debtors are hereby required to do in Order to entitle them to the
Benefit of this Act) by such Debtor of his or her intending to
apply to such Court or Judges for his or her Discharge at least
three Weeks before such Application made, and if the Truth of
such Oath shall be denied or controverted; the Court or Judges
may appoint some further Day for hearing what can be alledged
on either Side, and either remand the Prisoners or discharge them
after such further hearing in Manner herein after directed; but if



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LAWS OF THE COLONY OF NEW YORK. A23

Bocli Oath shall not be denied or controverted, then such Court
or Judges as aforesaid may immediately order the Lands Goods
and Effects contained in such Accounts to be by a short Indors-
ment on the Back of such Petition subscribed by the Prisoner
assigned to the said Creditors or to any one or more of them in
Trust for his or her Creditors, or to some proper Person to be by
the said Court or Judges appointed in Trust for all the Creditors,
and also for all Attornies Sheriffs, and other Officers of the
Court with the Coaler as to their Fees in any Causes depending
against such Debtor, for which Fees such Officers shall come in
only as Creditors, and abate in the same proportion, by which
Assignment all the Estate of the said Debtors respectively shall
instantly vest according to the purport of such Assignment, and
such of it as is in possession of any other person shall be recover-
able in the Name or Names of such Trustees, who are hereby fully
authorized to dispose of and execute good and sufficient Deeds
for the same or any Part thereof, and after six Months previous
Notice published in one of the Public News Papers of such As-
signmenl^ and requiring all the Creditors to send in their De-
mands, to divide and distribute as well the Monies thence arising,
as such other Monies which shall come into their Hands by
virtue of this Act, among the Creditors of the said Debtors re-
spectively, and the Officers aforesaid to whom any Fees may be
due, in proportion to their respective Debts or Demands accord-
ing to the true Intent and meaning of this Act: which Assign-
ment being made, and all the Lands Goods and Effects in the
Debtors possession according to such Inventory being delivered
to such Trustee or Trustees the said Prisoner shall be discharged
out of the Custody by order of Court if such Court shall be sitting,
or by Order of such Judges if in Vacation Time, and such Order
as aforesaid shall be a sufficient Warrant to the Sheriff Goaler or
Keeper, and he is hereby required to discharge the said Prisoner
if detained for no other Causes than such mentioned in his or
her said Petition: (PROVIDED that this Act shall not be con-
strued to affect any Creditor or Creditors residing in Great
Britain), and such Debtors or either of them shall never after be
liable to be sued for any Matter or Cause accrued, or to have his
OP her Body or Estate taken in Execution upon any Judgment
obtained, before such Discharge unless he or she shall be con-
victed of perjury in any Matter op Article contained in the said
Oath.



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424 LAWS OP THE COLONY OP NEW YORK.

AND BE IT PURTHER ENACTED by the Authority afore-
said, That if any Action or Suit shall be brought for any Thing
done in pursuance of this Act, the Defendant or Defendants may
plead the General Issue, and give this Act in Evidence, PRO-
VIDED that this Act shall not authorize the Discharge of the
said Debtors if he or she shall stand chargeable at the Suit of the
Crown.

PROVIDED ALSO and be it further Enacted that if the said
Debtors or either of them shall be convicted of wilful false
swearing in any Matter or Article contained in the said Oath he
or she shall be guilty of Pelony, and suffer the Pains of Death
without Benefit of Clergy.

[CHAPTER 1568.1

[Chapter 1568, of Van Schaack. where the title only is printed. See
chapter 1406.]

An Act for defraying a Moiety of the Blx-
penses accrued on settling the contested Bound-
aries between the patented Lands commonly
called Cheesecocks and ELakiate.

[Passed, March 24, 1772.]
WHEREAS in pursuance of a former Act passed the twen-
tieth Day of May one thousand seven hundred and sixty nine,
intitled "An Act for settling the contested Boundaries between
the Patented Lands commonly called Cheesecocks and Kakiate,**
the Honourable George Duncan Ludlow Esquire, one of the Jus-
tices of the Supreme Court of Judicature for this Colony, William
Nicoll of Suffolk County, Thomas Hicks of Queens County and
Benjamin Kissam and Samuel Jones of the City of New York
Esquires were duly Authorized and appointed Commissioners to
settle and determine the contested Boundaries between the said
Patented Lands of Cheesecocks and Kakiate, who have accord-
ingly settled and determined the same, and their Determination
thereof is by the said Act become final and conclusive, On all par-
ties claiming under the said two Patents respectively. AND
WfiEREAS before any proceedings in virtue of the said Act, it
was stipulated and agreed by the Committees named and ap-
pointed therein for the Proprietors of the said Patents of Kakiate
and Cheesecocks respectively,- that the one Moiety of all Ex-
pences which should accrue in the Execution of the Powers given
by the said Act should be sustained by the Proprietors of the



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LAWS OP THE COLONY OP NEW YORK. 425

said Patent of Kakiate, and the other Moiety by the Proprietors
of the said Patent of Oheescocks, AND WHEREAS the said
Commis^sioners have by a Certificate under their Hands dated
the twenty third Day of January one thousand seven hundred
and seventy two, certified That all the Lands claimed by the
Proprietors of Kakiate lying to the Northward anil Westward
of a Line from the Head of Welsh's Island near where Syme's
Mill stood, East to Hudson's River, and from the Head of the
said Island along Demareest's Kill to Gurney's Spring, and
from thence to the Head of Verdreedige Mountain at a place
called the Table Rock, and from thence nearly West to a parcel
of Laurel on the South Branch of Minners Fall, and from thence
along the said Branch to the Head thereof near Symmond's
Spring and from thence due West until a North Line from the
Tree commonly called John Wood's Tree on Wessegroreap Plain
will intersect the said Line, were in controversy with the said
Proprietors of Cheescocks in the said Dispute so submitted to
them. AND WHEREAS it is represented by the Committee
named for the Proprietors of Kakiate in the above recited Act,
that by reason of the many Shares and Interests into which
the controverted Lands mentioned in the said Certificate are
multiplied subdivided and dispersed, and by Reason that part
of the Lands therein mentioned remain in common and undi-
vided, and because of the disparity in value of the said Lands
so in Controversy, and of the Absence of some of the Claimants
thereof, and the Coverture and Infancy of others, it is very
difficult if not impracticable to make such an Assessment of the
Moiety of the Expence of the Settlement of the said Boundary
which falls upon the said Proprietors of Kakiate as will be in
any Degree satisfactory or will not be productive of endless
Controversy and Litigation. AND WHEREAS it is most just
and reasonable that the said Expences should be paid, and that
every Person concerned in the said Controversy should sustain
SLud contribute a due proportion thereof according to the Value



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 42 of 92)