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Northern District of New-York, to wit:
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.
B. F. BUTLER,
JOHN C. SPENCER. June 5, 1829.
The SECOND PART of the Revised Sta- || Title 2. Of the custody and disposition of the
CHAP. VI. OF WILLS AND TESTAMENTS; OF
THE DISTRIBUTION OF THE ESTATES OF IN-
TESTATES; AND OF THE RIGHT8, POWERS
AND DUTIES OF EXECUTORS AND ADMINIS-
AND PERSONAL, TRANSMITTED OR ACQUIR- || Title 1. Of wills and testaments of real and
Containing three Articles.
concealed and non-resident debtors, p.1. Art. 3. General provisions applicable to wills
* The first, second, third and fourth Chapters of Part II. are included in Vol. 1.
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.
county of New York, 128.
Art. 6. Of the powers and proceedings of the
court, upon bills for the foreclosure or sa-
PERSONAL PROPERTY: Containing three Ti-
Art. 7. Of proceedings in relation to the con-
veyance of lands by infants, and the sale and
in action, 135.
Title 5. Of the courts of common pleas and
Title 1. Or husband and wife: Containing five | CHAP. II. OF COURTS OF PECULIAR AND
SPECIAL JURISDICTION: Containing four Ti-
Art. 4. Of separations, or limited divorces,
Title 4. Of courts held by justices of the
peace: Containing thirteen Articles.
Title 2. Of parents and children, 148.
Art. 2. Of the commencement of suits, and
Art. 6. Of compelling the attendance of wit
Art. 8. Of judgments, and filing transcripts
is entitled “An Act concerning Courts and | Art. 9. Of executions, of sales thereon; and
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
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.