LAWES

Establisht by the Authority of his Majesties Letters patents, granted to his Royall Highnes James Duke of Yorke and Albany; Bearing Date the 12th Day of March in the Sixteenth year of the Raigne of our Soveraigne Lord Kinge Charles the Second

Digested into one Volume for the publicke use of the Terri toryes in America under the Goverment of his Royall High

nesse

Collected out of the Several Laws now in force in his Majesties American Colonyes and Plantations

Published March the 1st Anno Domini 1664 at a General meeting at Hemsted upon Longe Island by virtue of a Commis. sion from his Royall Highness James Duke of Yorke and Albany given to

Colonell Richard Nicolls Deputy Governeur, bearing date the Second day of Aprill 1664.

Absence.

IF any Justice or high Constable shall bee absent from the Sessions held within that Riding he shall pay for every Dayes absence ten pounds and every petty Constable for each default shall pay five pounds Provided that it shall be Lawful for the Justices upon the Bench to discharge any Constable from his Appearance if they shall think fitt.

Actions.

That all actions of Debts Accompts Slanders and Actions of the Case concerning Debts and Accompts

shall be tryed within that Jurisdiction where the Cause of action Doth arise.

All actions of Debt or Trespasse under the value of five pounds between Neighbours shall be put to Arbitration of two indifferent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence,) their Arbitration: Then the next Justice of the peace upon notice therof by the Constable shall choose three other indifferent persons; who are to meet at the Dissenters charge from the first Arbitration and both plaintiffe and Defendant are to be concluded by the award of the persons so chosen by the Justice.

In all differances under five pounds not triable in Courts, the Constable is to have one shilling for naming Arbitrators to whom if the Difference be refered, they shall have two shillings six pence each.

If it comes to the Justice, he shall have seaven Shillings and Six pence, the Arbitrators (he appoints) five Shillings each, and the Constable for his trouble two Shillings Sixpence, This to be paid by the party is Cast.

If any Person shall pretend his Debt or trespasse to be above five pounds, and on the hearing it shall appear to the Court to come under that vallew, in such cases the Plaintiffe shall lose his action and pay the Defendant Cost.

All actions or Cases from the Value of five pounds to Twenty pounds, shall be tryed at the Sessions within that Jurisdiction from whence there is to be no appeal unless the debt appear to be above that summe of twenty pounds, or where there is a dubiousnesse in the expression of the Law, Which doubt made by one, if it tend to the Causeless vexation of ye other Party; the other Person so offending shall pay all the charges.

Actions of Assault or Battery Breach of the peace or the like are to be tryed at the sessions within the Jurisdiction where the offence is Committed for which the Justices of the peace may take Baile or Commit to Prison such offenders to the next Sessions :

Any Person renewing his Suit or Petition or Revew Causeless The plaintiffe shall pay the whole charges of the Court and be Lyable to a fine; But if the Defendant be in the fault, the Just Charges shall be imposed on him.

Any Person falsly pretending great damages & Debts to vex his Adversary; shall pay trible Damage. The Plaintiffe may have liberty to withdraw his Action and be non Suited (if he see cause) before the Jury give in their Verdict, but hee shall pay full cost and Charges to the Defendant,

All Actions of the Plaintiffe; with his decleration shall be entered and filed in the Clarkes office eight Days before the Day of hearing, to the end that the Defendant may (if he please) take a Coppy thereof and provide his Answer Which is also to be filed by the said Defendant: And the Judgement if for the plaintiffe shall be Endorsed on the Declaration : If for the Defendant on the Answer, and all Evidences conscerning that Cause, are to be filed together and remaine in the hands of the Clarke.

Where an Action hath been once entered for proses in Court Although the Difference shall be composed between both parties before they come to a Tryail; yet the plaintiffe shall enter such Agreement in the hands of the Clarke of the Court, And so shall have Liberty to take his Action off the file, paying only for the Entry of the Agreement as for the Entry of the Action; upon forfeiture of ten Shillings for each Session which this first entry of the Action remaineth upon the file.

Administration.

Upon the Death of any person the Constable with two Overseers of the parish shall Repair to the house of the deceased party to enquire after the manner of his Death and of his Will and Testament and in Case none doth Appear, or shall be produced, it may be taken for granted that the Person Dyed intestate And in the Presence of the Widow Children and other Relations, if any such therebe or if any such refuse to be present, It shall be lawful for the said Constable in the presence of the Overseers to make a due Search and enquiry after the estate of the deceased and within eight & forty hours after, he is to deliver in writing & upon Oath his full knowledge, to the next Justice of the Peace and the said Justice of ye peace is impowered to send out warrants to take Security against any embezelment or disposal of ye said Estate under any pretence whatsoever, untill the next Court of Sessions where all Cases of Administration within that Liberty shall be Adjudged.

The Estates of all Persons dying intestate who have neither the Relations of Children Brothers or Sisters or their Children Uncles or Aunts or their Children for want of such heires shall, Elapse to the King Provided always that Such Elapsing shall not hinder the Lawfull Claymes of any Such Relations afore mentioned, if it be made appeare upon Oath to the Court, within one Year and Sixweeks.

That no Administration be granted untill the third sessions after the parties decease, except to the Widdow or Child, and then to be immediately granted to the said Widow or Child bringing in Sufficient Security for the performing all things the Law requires and saving the Court harmeless, And in case the widow or Child do Administer the Estate shall be Inventoryed and Apprisement made by four Men appointed by the Court and sworne by a Justice of peace which Inventory or apprizement shall by the said wi

dow or Child be brought into the next Court of Sessions, unless the Court for reasons showed them may think fitt to grant Liberty to bring it in the Court following. But in case the deceased Dye without widow or Child, then the estate, for the better improvement thereof shall be sould by order of the Court at an Outcry, and the purchasers all puting Security, and Acknowledging Judgment for their debt which by the Court shall be Assigned to the several Creditors of the decendant, and paid according to the priority of Law and the Surplusage remaining, if any, to be delivered to the next kinsman of the descendant, if he appears or if none prove himself such within one year and six weeks, Then the Court to give an accompt of the said Surplusage to the Governour. And when the widow or Child Administers the surplusage after debts paid and the funerall Charges according to the quality of the person allowed for, shall be equally divided between the Widow and Children, viz. one third of the personall Estate to the widow and the other two thirds amongst the Children, provided the Eldest Sonne shall have a double portion, and where their are no Sonnes the daughters shall Inherit as Copartners, and if any of the Children shall happen to dye before it come to age his portion shall be divided amongst the Surviving Children.

Whoever pretends to Administer upon any Estate shall bring to the Court Sufficient Security, before the Order shall be granted, And an Order thus obtained legally by giving in such Security to be truly accomptable to bring in a true Inventory, and to perform such things as Administered by Law are, required or enjoyned, shall not any time after be reserved, unlesse the party that obtained the Same, dye before he hath given an Accompt of the estate and obtained his Quietus in which case the Court is Impowered to grant the Administration of that Estate so not Accompted for to some other person who may by virtue