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STATE OF NEW-YORK,
PASSED DURING THE YEARS ONE THOUSAND EIGHT HUNDRED AND TWENTY-SEVEN,
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.
CONTAINING THE FIFTH, SIXTH, SEVENTH AND EIGHTH CHAPTERS OF THE SECOND PART
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, Secreta 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 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 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 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 authority conferred by law.
CHAP. V. OF TITLE TO PROPERTY, REAL
AND PERSONAL, TRANSMITTED OR ACQUIR-
ED BY SPECIAL PROVISIONS OF LAW: Con-
Title 1. Of the assignment of the estates of
non-resident, absconding, insolvent or im-
prisoned debtors: Containing eight Articles.
Art. 1. Of attachments against absconding,
concealed and non-resident debtors, p. 1.
Art. 2. Of attachments against debtors con-
Art. 3. Of voluntary assignments, made pur-
suant to the application of an insolvent and
Art. 4. Of proceedings by creditors, to com-
pel assignments by debtors imprisoned on
Of the several Chapters included in this Volume.
The SECOND PART of the Revised Sta- || Title 2. Of the custody and disposition of the
Art. 5. Of voluntary assignments by an in-
solvent, for the purpose of exonerating his
Art. 6. Of voluntary assignments by a debtor
imprisoned on execution in civil causes, 31.
Art. 7. General provisions applicable to pro-
ceedings under the several preceding Arti-
CHAP. VI. OF WILLS AND TESTAMENTS; OF
THE DISTRIBUTION OF THE ESTATES OF IN-
TESTATES; AND OF THE RIGHTS, POWERS
AND DUTIES OF EXECUTORS AND ADMINIS-
TRATORS: Containing six Titles.
personal property, and the proof of them:
Art. 1. Of wills of real property, and the proof
Art. 2. Of wills of personal property, and the
Art. 3. General provisions applicable to wills
of real and personal property, 63.
Title 2. Of granting letters testamentary and
Art. 1. Of granting letters testamentary, 68.
Art. 2. Of granting letters of administration
with the will annexed, and in cases of in-
Art. 3. General provisions relating to letters
testamentary and of administration; mis-
cellaneous provisions respecting the duties
of surrogates, and the recording of wills and
Title 3. Of the duties of executors and admi-
nistrators, in taking and returning invento-
ries, in the payment of debts and legacies,
in accounting and making distribution to
next of kin: Containing three Articles.
Art. 1. Of their duties in taking and return-
The first, second, third and fourth Chapters of Part II. are included in Vol. 1.