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Northern District of New-York, to wit:
Be it remembered, That on the thirty-first day of December, in the fifty-third year of the

Independence of the United States of America, A.D. 1828, AZARIAH C. FLAGG, Secrets L. 8. ry of State of the State of New York, &c. of the said District, hath deposited in this Office

the title of a Book, the right whereof he claims as proprietor, in trust for the benefit of the

People of the State of New-York, &c. in the words following, to wit: . " The Revised Statutes of the State of New York, passed during the years one thousand eight hundred and twenty-seven, and one thousand eight hundred and twenty-eight: to which are added, certain former acts which have not been revised. Printed and published under the direction of the Revisers, appointed for that purpose. In three volumes."

In conformity to the act of the Congress of the United States, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copias, during the times therein mentioned;" and also to the act entitled, “An act supplementary to an act, entitled * An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned,' and extending the benefits thereof to the arts of designing, engraving and etching historical and other prints."

R. R. LANSING, Clerk of the Dist. Court of the United States

for the Northern Dist. of New York


During the session of the Legislature which ended on the 5th of May, 1829, several acts of a permanent nature and of general interest, were passed, some of them supplementary to former laws, others introducing new principles, and others altering, either in express terms or by necessary implication, provisions of the Revised Statutes. In two instances where an opportunity was afforded, that part of the text of the Revised Statutes contained in this volume which was printed after the passage of these laws, has been amended in conformity to them, pursuant to the authority conferred on the Revisers. The alterations not thas introduced into the body of the work, and all other public laws of general interest, passed by the last legislature, will be found in the third volume; and they will also be noticed, under their appropriate heads, in the General Index at the end of this volume.

To afford the public the earliest opportunity of becoming acquainted with the provisions of the Revised Statutes, the first and second volumes will be issued, without waiting for the publication of the third. It has therefore been thought advisable, to insert in an Appendix to this volume, the “ Act concerning the Revised Statutes," and so much of the general Repealing Act as relates to the construction of those statutes, instead of reserving them for the third volume, as proposed in the Preface.

Although no pains have been spared to secure perfect accuracy in the publication of the text, several errors of the press have been detected since the printing was completed. Such of them as appear to be important, are enumerated in a note at the end of this volume.

June 1, 1829.

Pursuant to the “ Act concerning the Revised Statutes," passed on the 10th of December, 1828, We, the undersigned, two of the Revisers of the Statutes of the state of New York, do hereby certify, that the text of the Revised Statutes contained in this volume, has been examined and compared by us with the original acts passed by the Legislature, and with the acts amending such originals; and that this volume was printed by the printers employed by us for that purpose, under the authority conferred by law.


JOHN C. SPENCER. June 5, 1829.

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The SECOND PART of the Revised Sta- || Title 2. Of the custody and disposition of the
tates is entitled "An Act concerning the Ac estates of idiots, lunatics, persons of unsound
quisition, the Enjoyment and the Transmis mind, and drunkards, 51.
sion of Property, real and personal, the Domes-

tie Relations, aud other Matters connected

with Private Rights;" and consists of EIGHT



AND PERSONAL, TRANSMITTED OR ACQUIR- || Title 1. Of wills and testaments of real and
ED BY SPECIAL PROVISIONS OF LAW: Con personal property, and the proof of them:
taining two Titles.

Containing three Articles.
Title 1. Of the assignment of the estates of || Art. 1. Of wills of real property, and the proof
non-resident, absconding, insolvent or im- | of them, 56.
prisoned debtors: Containing eight Articles. Art. 2. Of wills of personal property, and the
Art. 1. Of attachments against absconding, probate of them, 59.

concealed and non-resident debtors, p.1. Art. 3. General provisions applicable to wills

Art. 2. Of attachments against debtors con of real and personal property, 63.

fined for crimes, 14.

Title 2. Of granting letters testamentary and

Art. 3. Of voluntary assignments, made pur of administration: containing three Articles.

suant to the application of an insolvent and Art. 1. Of granting letters testamentary, 68.

his creditors, 15.

Art. 2. Of granting letters of administration

Art. 4. Of proceedings by creditors, to com with the will annexed, and in cases of in-

pel assignments by debtors imprisoned on testacy, 73.

execution in civil causes, 24.

Art. 3. General provisions relating to letters

Art. 5. Of voluntary assignments by an in testamentary and of administration; mis-

solvent, for the purpose of exonerating his cellaneous provisions respecting the duties

person from imprisonment, 28.

of surrogates, and the recording of wills and

Art. 6. Of voluntary assignments by a debtor letters, 78.

imprisoned on execution in civil'causes, 31. || Title 3. Of the duties of executors and admi-

Art. 7. General provisions applicable to pro nistrators, in taking and returning invento-

ceedings under the several preceding Arti ries, in the payment of debts and legacies,

cles, or some of them, 34.

in accounting and making distribution to

Art. 8. Of the powers, duties and obligations || next of kin: Containing three Articles.

of trustees and assignees under this Title, Art. 1. Of their duties in taking and return-

ing inventories, 81.

* The first, second, third and fourth Chapters of Part II. are included in Vol. 1.


Art. 2. Of the daties of executors and admi- || Art. 1. Of the constitution of the court and

nistrators, in the payment of debts and le its officers, 164.

gacies, 86.

| Art. 2. Of impeachments, and the mode of

Art. 3. Of the duties of executors and admi- | conducting them, 165.

nistrators, in rendering an account, and in | Art. 3. Of its powers as a court for the cor-

making distribution to the next of kin, 91. # rection of errors, 166.

Title 4. or the powers and duties of executors Title 2. Of the court of chancery: Containing

and administrators, in relation to the sale U seven Articles.

and disposition of the real estate of their Art. 1. Of the constitution of the court; and

testator or intestate, 99.

of its officers, and their duties, 167.

Title 5. Of the rights and liabilities of execu Art. 2. Of the general powers, duties and ju-

tors and administrators, 113.

risdiction of the court, 173.

Title 6. Of public administrators: Containing | Art. 3. Of the terms of the court, and the

two Articles.

mode of proceeding therein, 175.

Art. 1. Or the public administrator in the Art. 4. Of proceedings against absent, con-

city of New-York, 117.

cealed and non-resident defendants, 185.

Art. 2. Of public administrators in the seve- || Art. 5. Of the granting of injunctions to stay

ral counties of this state, other than the proceedings at law, 188.

county of New York, 128.

Art. 6. Of the powers and proceedings of the

court, upon bills for the foreclosure or sa-


tisfaction of mortgages, 191.

PERSONAL PROPERTY: Containing three Ti-

Art. 7. Of proceedings in relation to the con-

veyance of lands by infants, and the sale and

Title 1. Of fraudulent conveyances and con-

disposition of their estates, 193.

tracts relative to lands, 133.

Title 3. Of the supreme court, 196.

Title 2. Of fraudulent conveyances and con Title 4. Of the circuit courts, sittings and

tracts relative to goods, chattels and things courts of oyer and terminer, 200.

in action, 135.

Title 5. Of the courts of common pleas and

Title 3. General provisions, 136.

general sessions of the peace, in the several


counties of this state, 207.

Containing four Titles.

Title 6. Of mayors' courts in cities, 217.

Title 1. Or husband and wife: Containing five | CHAP. II. OF COURTS OF PECULIAR AND

Art. 1. Of marriage, and of the solemnization


and proof thereof, 138. -

Title 1. Of surrogates' courts, 220.

Art. 2. Of divorces, on the ground of the Title 2. Of the courts of special sessions of the

nullity of the marriage contract, 141.

peace, 223.

Art. 3. Of divorces dissolving the marriage Title 3. Of special justices' courts in the se-

contract, 144.

veral cities of this state, 224.

Art. 4. Of separations, or limited divorces,

Title 4. Of courts held by justices of the

peace: Containing thirteen Articles.

Art. 5. General provisions applicable to the

Art. 1. Of the jurisdiction of justices' courts,

two last Articles. 147.


Title 2. Of parents and children, 148.

Art. 2. Of the commencement of suits, and

Title 3. Of guardians and wards, 150.

the service and return of process, 227.

Title 4. Of masters, apprentices and servants :

Art. 3. Or the appearance of parties, 232.

Containing three Articles.

Art. 4. Of pleadings and of set-offs, 233.

Art. 1. Of apprentices and servants bound by

Art. 5. Of adjournments, 238.

indentures, 154.

Art. 6. Of compelling the attendance of wit

Art. 2. Of persons held in service, 156.

nesses, 240.

Art. 3. General provisions, 158.

Art. 7. Of the trial of issues of fact, and the

incidents thereto, 242.

Art. 8. Of judgments, and filing transcripts

The THIRD PART of the Revised Statutes

thereof, 245.

is entitled “An Act concerning Courts and | Art. 9. Of executions, of sales thereon; and

Ministers of Justice, and proceedings in Civil

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of inprisonment, 248.

Cases;" and consists of TEN CHAPTERS. Art. 10. Of the removal of causes to the court

CHAP. I. OF THE COURTS OF GENERAL OR of common pleas by certiorari, 255.

LIMITED JURISDICTION: Containing six Ti Art. 11. Of appeals to the courts of common

pleas, 257.

Title 1. Of the court for the trial of impeach Art. 12. Of the fees of officers, and of witnes-

ments and the correction of errors; Con ses and jurors, for services under this Ti-

taining three Articles.

tle, 264.


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