LAWS OF THE STATE OF NEW YORK PASSED AT THE SESSIONS OF THE LEGISLATURE HELD IN THE YEARS 1789, 1790, 1791, 1792, 1793, 1794, 1795 and 1796, inclusive, BEING THE TWELFTH, THIRTEENTH, FOURTEENTH, FIFTEENTH, REPUBLISHED BY THE SECRETARY OF STATE, PURSUANT TO CHAPTER 341. AN ACT to provide for the publication of the session laws from seventeen hundred and seventy-seven to eighteen hundred and one, inclusive. PASSED May 27, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. The Secretary of State is directed to republish, verbatim, preserving the original spelling and punctuation, the session laws of this State from seventeen hundred and seventy-seven to eighteen hundred and one, both inclusive. References showing when each law was amended or repealed, may be added. 2. The republication shall be in octavo volumes of not less than six hundred or more than seven hundred and fifty pages each, with an index to each volume, and of a material equal in style and quality to the session laws of eighteen hundred and eighty-four. $3. The edition shall consist of one thousand copies and shall be distributed as follows: One copy to each judicial district library; one copy to the clerk's office of each county; one copy to each justice of the supreme court, and each judge of the court of appeals; one copy to each legislative library, and each State department; two hundred copies to the trustees of the State library, for literary and scientific exchanges. The remainder shall be delivered to the trustees of the State library, and such trustees shall reserve sufficient copies for the future use of the State, and in their discretion sell the balance at a price to be fixed by them, and pay the proceeds into the treasury of the State. 4. Six thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, to carry this act into effect, and the same shall be paid by the Treasurer on the warrant of the Comptroller in such sums and to such persons as the Secretary of State shall approve. The work herein authorized shall not be begun unless it can be completed for the sum herein appropriated. $5. The title page of each volume shall state that it was published pursuant to this act, and the same may be cited in any action or proceeding with the same force as the original edition. §6. This act shall take effect immediately. STATE OF NEW YORK, Office of the Secretary of State, }ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. OFFICSTATE OF NEW YORK STATE, SS.: FREDERICK COOK, Secretary of State. I hereby certify that the Laws, contained in this volume, were repubme pursuant to chapter three hundred and forty-one of the lished by Laws of eighteen hundred and eighty-five. FREDERICK COOK, Secretary of State. LAWS OF THE STATE OF NEW-YORK, PASSED AT THE TWELFTH SESSION OF THE LEGISLATURE OF SAID STATE. CHAP. 1. AN ACT for the more speedy recovery of legacies. PASSED the 5th of January, 1789. Be it enacted by the People of the State of New York, represented in Actions for Senate and Assembly, and it is hereby enacted by the authority of the same, legacies That it shall and may be lawful for any person, and his or her execu- executors. tors or administrators, to whom any legacy or bequest of any sum or sums of money, or other personal goods or chattles, or any residuary part of any personal estate hath been or may be given, by the testament or last will of any person, to commence sue and prosecute an action of debt, detinue or account, as the case may happen, for such legacy after it becomes due, in the supreme court, or any other court of record in this State; and if it shall appear or be found, that the legacy for which such suit shall be brought is due, and there be sufficient assets in the hands of the executors to discharge the debts of the testator, and the legacy or legacies bequeathed, the plaintiff shall recover such legacy; but in case there shall be assets to discharge all the debts of the testator, with an overplus, not amounting to a sum sufficient to pay all the legacies that may be given, then an abatement shall be made in proportion to the legacies so given, and the plaintiff shall recover only a proportional part of his or her legacy; and where any legatee is or shall be under the age of twenty one years, at the time such legacy shall become due, in such case every such legatee shall and may maintain an action for his or her legacy so given, by guardian or next friend, as fully and amply as by law he or she may do in any other action whatsoever. VOL. 3.-I |