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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.

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CONTAINING THE FIFTH, SIXTH, SEVENTH AND EIGHTH CHAPTERS OF THE SECOND PART

OF THE REVISED STATUTES, AND THE WHOLE OF THE THIRD AND FOURTH PARTS.

ALBANY:
PRINTED BY PACKARD AND VAN BENTHUYSEN,

1829.

19.1765

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

Independence of the United States of America, A.D. 1828, AZARIAH C. FLAGG, Secreta L. S. || 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: i The Revised Statutes of the State of New York, passed during the years one thousand cight 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 copies, 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 Merc-York.

ADVERTISEMENT.

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 thus 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 au- , thority conferred by law.

· B. F. BUTLER, ii,

i. JOHN C. SPENCER.. June 5, 1829.

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Revised Statutes, Part II. Chapter 5....
» » Chapter 6...........

Chapter 7........

» Chapter 8..........

» Part III....................

Part IV.......

Appendix.........................

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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-

CHAP. VI. OF WILLS AND TESTAMENTS; OF

tic Relations, aud other Matters connected

TUE DISTRIBUTION OF THE ESTATES OF IN-

with Private Rights;" and consists of EIGHT

TESTATES; AND OF THE RIGHTS, POWERS

CHAPTERS.*

AND DUTIES OF EXECUTORS AND ADMINIS-

CHAP. V. OF TITLE TO PROPERTY, REAL || TRATORS; Containing six Titles,

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. I. Of attachments against absconding, probate of them, 59.

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

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.

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