fuch cafe, a writ or writs of dedimus protestatem may be granted out of the court of chancery to the juftices of the fupreme court, giving power to them, or any one or more of them, or to any other proper and difcreet men, of good fame and credit, refiding at or near the place where fuch party being out of this ftate, or fo difeafed or unable to travel, fhall be, giving power to them, of any two or more of them to go to the party being out of this ftate, or fo difeafed or unable to travel, and to receive his, her or their acknowledgment or cognizance, upon that plea or form of plea, that he, fhe or they have or hath, whereupon the fame fine or fines ought to be levied, and the faid juftice or juftices, or other perfons fo empowered, fhall certify the juftices of the fupreme court thereof by the record, fo that all things incident to the fame fine or fines, being examined by him or them, the fame fine or fines may be lawfully levied. And it fhall and may be lawful for the chief juftice of the fupreme court for the time being, to receive fuch acknowledgments or cognizances as aforefaid, by virtue of his office, and without any fuch commiffion as aforefaid. And further, That no perfon to whom any fuch fine shall be acknowledged, fhall be allowed to appear in the said fupreme court by attorney, unlefs fuch attorney shall be appointed by the perfon for whom he shall appear, before one of the justices of the fupreme court, or commiffioners authorised by a writ of dedimus potestatem out of the chancery, his or her attorney, to gain or lofe in the plea, whereupon fuch fine is to be levied, and his warrant of attorney be figned by fuch juftice or commiffioners.

Zance of fine,

IV. And be it further enacted by the authority aforesaid, Time of tak That every perfon who fhall at any time hereafter take ing cognithe acknowledgment or cognizance of any fine, or any or warrant of warrant of attorney of any demandant or plaintiff, in any plea whereupon any fine or fines fhall be levied, or of any demandant or plaintiff, or tenant or vouchee for fuffering any common recovery, or fhall certify them, or any of them, fhall, with the certificate of the concord or warrant of attorney, certify alfo the day and year when the fame was acknowledged; and that no perfon who fhall take fuch acknowledgment, or cognizance of any fine, or any warrant of attorney for any of the purpofes aforefaid, fhall be bound, or by any means enforced to certify any fuch acknowledgment, or cognizance, or warrant, except it be within one year next after the fame fhall be taken. And further, That no attornment in or upon any fine, be en- me to be en tered upon record, unless the party mentioned to attorn aearance of therein, fhall have first appeared in court in perfon, or by the party. attorney, warranted by the hand of one of the juftices of the fupreme court, or commiflioners as aforefaid, upon a writ of quid juris clamat, quem redditum reddat, or per que

No altern

tered without

Fines to be

Exception

ties had no

thing in the tenements.

servitia, as the cafe may require; and every entry of attornment hereafter to be made, where there fhall be no appearance as aforefaid, fhall be utterly void and of none effect, without any writ of error, or other means to be ufed for the avoiding thereof.

V. And be it further enacted by the authority aforesaid, proclaimed. That after the engroffing of every fine hereafter to be levied in the faid fupreme court, before the juftices of the fame court, of any lands, tenements, or other hereditaments, the fame fines fhall be openly and folemnly read and proclaimed in the fame court, four times; That is to fay, Once in the fame term wherein it is engrossed, and once in every of the three terms holden next after the fame engroffing, and in the fame time that it is fo read Whom to con- and proclaimed, all pleas fhall ceafe; and the faid procla clude & when. mations being fo had and made, the fine fhall be a final end, and conclude as well privies as ftrangers to the fame, except women covert not parties to the fame fine, and every person then being within the age of twenty-one years, in prifon, or out of this ftate, or not of found mind at the time of the faid fine levied, not parties to fuch fine; faving to every perfon and perfons, and to their. when the par- heirs, other than the parties to the faid fine, fuch right, claim, and intereft, as they have to or in the faid lands, tenements, or other hereditaments, at the time of fuch fine engroffed, fo that they pursue their title, claim or intereft, by way of action or lawful entry, within five years next after the faid proclamations had and made; and faving alfo to all perfons, fuch action, right, title, claim and intereft, in or to the faid lands, tenements or other hereditaments, as firft fhall grow, remain, defcend or come to them, after the faid fine engroffed, and proclamation made, by force of any gift, or by any other caufe or matter had and made before the faid fine levied, fo that they take their action, or purfue their faid right or title according to law, within five years next after fuch action, right, claim, title or intereft to them accrued, defcended, fallen or come, and that they and their heirs may have their faid action against the pernor of the profits of the faid lands, tenements and other hereditaments, at the time of the faid action to be taken; and if the fame perfons at the time of fuch action, right and title accrued, defcended, remained or come unto them, be covert of baron, or within age, or in prifon, or out of this ftate, or not of found mind, then their action, right and title, to be referved and faved to them, and to their heirs, unto the time that they come and be at their full age of twentyone years, out of prifon, within this ftate, difcovert and of found mind, fo that they or their heirs take and pursue, according to law, their faid actions or their lawful entry, according to their right and title, within five years next

And fur

after they come and be at their full age, out of prifon,
within this ftate, difcovert and of found mind.
ther, That all fuch perfons as be covert of baron, and not
party to the fine, and every perfon being within the age of
twenty-one years, or in prifon, or out of this ftate, or not
of found mind at the time of the faid fine levied and ens
groffed, and by this act before excepted, having any right
or title, or cause of action, to any of the faid lands, tene
ments or other hereditaments, that hey or their heirs
inheritable to the fame, take their faid actions or lawful
entry, according to their right and title, within five years
next after they come and be of the age of twenty-one
years, out of prifon, within this ftate, difcovert and of
found mind, and the fame actions fue, or their lawful en-
try take and purfue, according to law; and if they do not
take their actions and entry as is aforefaid, they and every
of them, and their heirs, and the heirs of every of them,
fhall be concluded by the faid fine forever, in like form as
they be that be parties or privies to the faid fine; faving to
every perfon and perfons not party nor privy to the faid fine
their exception to avoid the fame fine, for that those who
were parties to the faid fine, had nothing, nor either of them,
nor any perfon or perfons to their use, nor to the use of ei
ther of them, had any thing in the lands and tenements com
prifed in the faid fine, at the time of the faid fine levied.

unlefs action.

VI. And be it further enacted by the authority aforesaid, No entry to That no entry to be made upon any lands, tenements or avoid a fine hereditaments, fhall be of any force or effect to avoid any be brought fine levied, or to be levied, with proclamations in the faid within a year. fupreme court, unless upon fuch entry, an action fhall be commenced within one year after making fuch entry, and profecuted with effect.

inrolled

VII. And be it further enacted by the authority aforesaid, writs & proThat every writ of covenant, and other writ, whereupon ceedings to be any fine fhall hereafter be levied, with the return thereof, the writ of dedimus potestatem, for taking the acknowledgment or cognizance of any of the fame fines, with the return thereof, the concord, note, and foot of every fuch fine, the proclamations thereupon, and the licence to agree, and alfo every original writ of entry in the post, or other writ, whereupon any common recovery fhall hereafter be fuffered or paffed, with the returns of the fame writs, and the writs of fummons ad warrantizandum, with the returns thereof, and every warrant of attorney, as well of every demandant and tenant, as vouchee, thall and may be inrolled in rolls of parchment, to be of record forever, and to remain in the fafe cuftody of the clerk of the fupreme court, and his fucceffors. And that the faid inrollments fhall be of as good force and validity in law, to all intents and purposes, as the fame writs, concords, notes,' feet, and warrants of attorney ought to be by law. And

VOL. I.

L

Foot of the

corded in the

further, That the original writ whereupon any fine shall be levied, with the return thereof, the warrants of attorney, if there be any, taken before any either of the juftices of the fupreme court, the licence to agree, and concord of every fine, shall be inrolled upon one and the fame roll; and the writs of dedimus protestatem, if there be any, with the returns thereof, and the note and foot of the fame fine fhall be inrolled upon feparate rolls.

VIII. And for the more eafy discovery of fines, and the fine to be re- fecurity of purchafers; Be it further enacted by the auCounty where thority aforesaid, That the counterpart of the foot of every the lands lie: fine hereafter to be levied, which is to be delivered to the party, fhall be figned by one of the judges of the faid fu preme court, and by the clerk of the faid court, and fhall be recorded by the clerk of the city or county where the lands or tenements comprised in the fame fine fhall be fituated, in a book to be by him kept for that purpose, within one year next after the engroffing of the fame fine, at the expence of the party to whom the fame fhall be Note thereof levied. And that the refpective clerks of every city and on the door of county of this state for the time being fhall, without fee or

the court house:

Under a penalty.

No fine or re

fed for want of form;

reward, immediately after recording the fame, make and write, or caufe to be made or written, a table or note, wherein fhall be contained the contents of the fame fine, fo recorded in their respective offices; That is to fay, The names of the parties, and defcription of the lands and tenements comprised in fuch fine, and the time of levying the fame; and fhall, on the first day of the next general feffions of the peace for the fame city or county, affix the fame on the principal door of the court-house of the fame city or county, and fee that the fame continue there during the fame feffions, upon pain that every clerk offending therein, fhall forfeit the fum of ten pounds; one moiety thereof to the people of this ftate, and the other moiety to him or them who will fue for the fame in any court of record, by action of debt, bill, plaint or information.

IX. And be it further enacted by the authority aforesaid, covery rever. That no fines, proclamations upon fines, or common recovery, heretofore had, levied, fuffered or paffed, or hereafter to be had, levied, fuffered or paffed, shall be reverfeable by any writ of error, for any razure, interlining, mifentring of any warrant of attorney, or of any proclamation, mifreturning or not returning of the fheriff, or other want of form in words, and not in matter of fubfance.

Nor unless a

writ of error be brought in five years.

X. And be it further enacted by the authority aforesaid, That no fine or common recovery fhall hereafter be reverfed or avoided, for any error or defect therein, unless the writ of error, or fuit for reverfing fuch fine or recovery, be commenced or brought, and profecuted with effect, within five years after fuch fine levied, or recovery suffered;

Provided always, That if any perfon who is or fhall be entitled to any fuch writ of error as aforefaid, fhall, at the time of fuch title accrued, be within the age of twenty-one years, or covert of baron, or imprisoned, or not of found mind, or out of this ftate, then fuch perfon, or his or her heirs, notwithstanding the faid five years expired, fhall and may bring his, her or their writ of error, for reverfing any fuch fine or recovery, fo as the fame be brought with in five years after his or her full age, difcoverture, enlargement out of prifon, coming of found mind, or coming within this state, but not afterwards, or otherwise.

I.

CHA P. XLIV.

An ACT for the Prevention of Frauds.

Paffed 26th February, 1787.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That all deeds of gift, and conveyances of goods and chattels, made or to be made in truft to the use of the perfon or perfons making the fame deed of gift or conveyance, fhall be, and hereby are declared to be void and of none effect.

Conveyances

in traft to the grantor void.

II. And for the avoiding and abolishing of all feigned, To defraud covenous and fraudulent feoffments, gifts, grants, aliena- creditors void tions, conveyances, bonds, fuits, judgments and execu tions, as well of lands and tenements, as of goods and chattels, which have been and are devised and contrived of malice, fraud, covin, collufion, or guile, to the end, purpofe and intent to delay, hinder or defraud creditors and others, of their juft and lawful actions, fuits, debts, accounts, damages, penalties, forfeitures and demands, not only to the let or hindrance, of the due courfe and execution of law and justice, but also to the overthrow of all true and plain dealing, bargaining and chevifance, between man and man, without which no commonwealth or civil fociety can be maintained or continued; Be it further enacted by the authority aforesaid, That all and every feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements, hereditaments, goods and chattels, or of any of them, or of any leafe, rent, common or other profit or charge out of the fame lands, tenements, hereditaments, goods or chattels, or any of them, by writing or otherwife, and all and every bond, fuit, judgment and execution, at any time had or made, or hereafter to be had or made, to or for any intent or purpose before declared and expreffed, fhall be from henceforth deemed and taken (only as against that perfon or perfons, his, her or their heirs, fucceffors, executors, adminiftrators and affigns, and every