Gambar halaman

Taree justices may

they shall judge meet and proper, to be refunded and paid back to the person or persons who paid the same, his or her executors or administrators; and that such order to entered in the minutes of the said court, Mall be a sufficient discharge for the said clerk, apprentice or servant, against his or her master or mistress, and his or her executors and administrators; the said indcnture or any law or custom to the contrary notwithstanding. And if the default Thall be found to be in the clerk, apprentice or servant, then the said justices Mall cause such due correction and punishment to be administered unto him or her, as by their wisdom and discretion shall be thought meet.

X. And whereas in some ca'es, as well by reason of the distance of the place of residence of the said masters or mistrelles, from the places where the respective courts of general fellions of the peace are holden, as for other caufs, it is very inconvenient that the final decision of differences between mafters or mistresses, and their apprentices or servants, should be deferred until the sitting of the next general sessions of the peace for the city or county wherein such master or mistress relide: For remedy whereof, Be il fur

ces may ther cafied by the mu hority forcsaiil, That it shall and ditu.107 mprenice may be lawful to and for any three or more justices in any di farvantmn wrote binding to inoney was county, or for the inayor, recorder and aldermen, or any rail.

three or more of them, upon any complaint or application by any apprentice or servant, upon whose binding out no sum of money was paid, touching or concerning any inifufage, refusal of necesiary provifio: or clothing, cruelty, or other ill treatment, of or towards such apprenrice ur servani, by his or her master or mistress, by precept under their hands ani seals, to summon such inter or mistress to appear before such justices, or such mayor, recorder and aldermen, or any two or more of them, at a reasonable time and place to be nained in such summons; and such justices, mayor, recorder and aldermen, shall and may examine into the matter of such complaint; and upon proof thereof made upon oath to their fatisfaction (whether the inafter or in stress be present or not, if service of the summons be also upon oath proved) the said justices or mayor, recorder and aldermen, inay discharge such apprentice or servant, by warrant or certificate under their hands and feals; for which warrant or certificate no fee shall be paid.

XI. And be it further ended by the authority aforesaid, Tw) julices may That it Niall and may be lawful to and for such juslices, or canfe apprentices or Tv21te to be punif. mayor, recorder and alderinen, or any two or more of

behaviour. thein, upon application or complaint made upon oath, by any master or mistress, against any such apprentice or servant, touching or concerning any misdemeanor, miscarriage, or ill behaviour in luch his or her service, to hear, examine and determine the same, and to punish the offender, by commitment to the house of correction (if any there be) or to the common gaol of the county or city, there to remain, and be corrected and held to hard labour for a reasonable time, not exceeding one kalendar month, or otherwise by discharging such apprentice or servant in manner and form before inentioned.

XII. And whereas many persons are taken as apprentices or servants when they are very young, and for several years of their apprenticeships or fervicc, are rather a burthen than other wise to their masters or mistresses : And whereas it frequently happens, that such apprenices or fervants, when they might be expected to be useful to their masters or miftreffes, absent theinfelves from their service : And wliereas the laws in being are not sufficient to prevent these inconveniences; For remedy whereof, Be it further enacted

ed for ill behaviour.

tants abfenting them.

Apprentices or ler: by the authority aforeluid, That from and after the palling Ilves to serve double of this act, if any apprentice or servant shall ablent him or the time of luch abTences of inake Tacir herself from his or her malter's or mistress's service, before faction.

the terın of his or her apprenticeship or service shall be ex

pired, every such apprentice or fervant shall, at any time or times thereafter, whenever he or she shall be found, be compelled to serve his or her faid master or mistress, for double the time he or The fliall have fo abfented him or herself from such service, unless he or she shall make fahistaction to his or her inafter or mistress, for the loss he or she shall have sustained by such absence from his or her service; and so from time to time, as often as afiy such apprentice or servant shall, without leave of his or her master or mistress, absent himself or herself from his or her service, before the term of his or her contract Mall be fulfilled. Provided always, and be it further en.

But not to extend to ailed by the authority aforefuid, That nothing in this clause Whending any of this act shall extend to any apprentice, whose master or money was paid. mistress Thall have received, with such apprentice, any fuum or sums of money to learn such art, craft, mistery, profession; trade or eń. ployment : And also, That no apprentice or servant shall be compelled to serve for any time or term, or to make any fatisfaction to any master or mistress, after the expiration of three years next after the end of the term for which such apprentice or servant shall have contracted to serve ; any thing herein contained to the contrary notwithstanding.

XIII. Provided also, and be it further cnneled by the authority aforesuid, That if any person or persons shall think himself, herself or themselves aggrieved by such determination, order or warrant of such justice or justices, mayor or recorder, and aldermen as aforesaid (except an order of commitment) he; she or they may appeal to the next general fellions of the peace, to be holden in and for the county, city or place where such determination or order shall be made ; fuch person or persons giving fix days notice of his, her or their intention of bringing such appeal, and of the cause and matter thereof, to such justice or justices of the peace, mayor, recorder or aldermen, and the parties concerned, and entering into a recognizance, within three days after such notice, before fome justice of the peace, or the mayor, or recorder, or one of the aldermen for such county, city or place, with sufficient furety. conditioned to try such appeal at, and abide the order or judgment of, and pay such costs as shall be awarded by the justices at such general sessions ; which said justices at their faid session, upon due proof upon oath, of such notice being given, and of entering into iuch recognizances as aforesaid, shall, and are hereby empowered and directed to proceed in, and hear and finally determine the causes and matters of all such appeals, and to give and a ward fuch costs to any of the respective parties, appellant or respondent, as they, irl their discretion, shall judge proper and reasonable, not exceeding four pounds; the same to be levied by distress and sale of the goods and chattels of such person or persons againft whom such determinations shall be made, and that their judgments and orders therein shall be final and conclufive to all parties concerned.

XIV. Provided also, and be it further enated by the authorily afore, aid, That no writ of certiorari, or other process, shall issue, or be iflunable to remove into the supreme court, any proceedings whatsoever, had in pursuance of this act, before any justice or justices of the peace, mayor or recorder, or alderman, or any of them, or before any court of general fellions of the peace, until after determination and final judgment therein had, by or in such court of general reflions of the peace.

An ACT for ascertaim.g the Measurc of Land.'

Palled 7th February, 1788., B Eit ended by the people of the fate of New York, represented in fenala D and assembly, and it is hereby ena&cd by the authority of the fame, That an acre of land thall contain one hundred and fixty square perches or rods ; each perch or rod being in length, five yards and one half of one yard; and each yard three feet ; and each foot twelve inches ; so that when an acre of land shall be fixteen rods in length, it shall be ten rods in breadth.

CH A P. XV. An ACT for the Relief of Cities and Towns, from such Charges as may arife from Baftard Children born within the fame.

Pafled 7th February, 1788. W H EREAS bastards, or children begotten and born out of lawful ma,

VV trimony, are often left to be kept and provided for at the charge of the respective cities or towns in which the same are so born, to the great burden of the same cities or towns; for remedy whereof,

1. Be it enačled by the people of the ftale of New-York, represented in senale and affembly, and it is hereby enaĉied by the authority of the same, That any two justices of the peace of any city, or of any county, one whereof reliding in or near the town within which such bastard (hall be born, upon examination of the cause and circumstance, shall and may, by their discretion, take order for the better relief of every such city or town, in part or in all, and shall and may likewise, by like discretion, take order for the keeping of every such battard child, by charging such mother or reputed father with the payment of money weekly, or other fuftentation for the relief of such child, in such wise as they shall think meet and convenient; and if after the fame order by them fubscribed under their hands, the mother or reputed father, upon notice thereof, shall not for his or her part observe and perform the said order, that then every such party so making default in not performing the said order, shall be committed to the house of correction, or (for want thereof) to the common gaol of such city or county, there to remain without bail or mainprise, except he or she shall put in sufficient surety to perform the said order, or else personally to appear at the next general fessions of the peace, to be holden in and for the city or county where such order shall be taken; and also to abide such order as the said justices of the peace, or the major part of them, in their faid sessions shall take in that behalf (if they then and there shall take any) and that if at the said seffions the faid justices shall take no other order, then to abide and perform the order before made as aforesaid.

II. And be it further cnailed by the authority aforesaid, That if any woman shall be delivered of a bastard child, which shall be chargeable, or likely to become charge able to any city or town, or shall declare herself to be with child, and that such child is likely to be born a bastard, and to be chargeable to any city or town, and shall, in either of such cafes, in an examination to be taken in writing, upon oath, before any one or more justice or justices of the peace of any city, or of any county wherein such town shall lie, charge any person with having gotten her with child, it Thall and may be lawful to and for such justice or jultices, upon application made to him or them, by the overseers of the poor of such city or town, or persons acting as such, or by

any one of them, to idue out his or their warrant or warrants, for the inmex diate apprehending such person so charged as aforesaid, and for bringing him before such justice or justices, or before any other of the justices of the peace of such city or county; and the justice or justices before whom such person Thul be brought, is and are hereby authorised and required to commit the person fo charged as aforesaid, to the house of correction, or common gaol of such city or county, unless he shall give security to indemnify such city or town, or (hall enter into a recognizance with jufficicnt furety, with cons dition to appear at the next gencrai fellions of the peace to be holden for such city or county, and to abide or perforin luch order or orders as fhall be made in pur.uance of this act...

III. Provided neveriheless, and be it further cnailed by the authority aforeaid, That if the woman ío charging any person as aforesaid, shall happen io die, or be married before she shall be delivered, or if the shall miscarry of fuch child, or shall appear not to have been with child at the time of her examination, then, and in any of the said cases, such person shall, at the next general feffions of the peace to be holden for such city or county, be dif charged from his recognizance, or immediately released out of custody, by warrant under the hand and seal, or hands and feals of any one or more jutice or justices of the peace of such city, or of any one or more juftice or jutices of luch county, refiding in or near such town.

... IV. Provided also, and be il further enacted by the afith Stue of Gif harga ritv hari rity aforesaid, That upon application made by any person

forelnid. Thar upon : it to order be marte,' who shall be committed to any house of correction or gaol, by virtue of this act, or by any person in his behalf, to any one or more justice or justices of such city, or to any one or more justice of justices of such county, residing in or near. such town, such jaslice or justices is and are hereby authorised and required to summon the overfeer or overseers of the poor of the city or town, to appear before him or them at a time and place to be mentioned in such summons, to fhew cause why such person should Trot be difcharged, and if no order shall appear to have been made in pursuance of this act, within fix weeks after such woman shall have been delivered, such justice or justices shall and may discharge him from his imprisonment in Tuch house of correction or gaol to which he shall have been committed.

V. Provided alivays, and be it further called by the authority, That it shall not be lawful for any juflice or justices of the peace, to send for any woman whatsoever, in order to her being examined concerning her pregnancy, or supposed pregnancy, until one month after she shall be delivered, or to compel any woman, before. The shall be delivered, to answer to any question relating to her pregnancy..

VI. And whereas the putative fathers and lewd mothers of bastard children, often run away out of the city or town, and sometimes put of the county, and leave the said bastard children upon the charge of the city or town where they are born, although such putative father or mother have estate füfficient to discharge such city of town: Therefore, Be it further

cause chucted by the útulkority, That it shall and may be the eltates of fathers lawful for the overfeers of the poor of such city or town,

beleized where any bastard child shall be born, to apply to any two for their lapport. justices of the peace of the city or county where the estate real or personal, or any part thereof, of fiich putative father, of lewd mother, máy be, and by warrant under the hands and feals of the raid wojujices (who are hereby authorised and required to iflue the same to seize and

Vol. II.

Justices may

and mothers of baltard
chibiren, to be leized whic

take the goods and chattles, and to let out and receive the annual rents and profits of the lands and tenements of such putative father, or lewd mother, to abiconding as aforesaid, for and towards the bringing up and providing for such bastard child so left as aforesaid; and so soon as the said seizure shall be allowed of, and confirined by the justices in their general seflions of the peace, it Mall and may be lawful for the overseers of the poor of the city, town or place, or any two of them, from time to time, and as often as the case may require, to sell and dispose of so much and so many of the said goods and chiattles, at public sendae, to the highest bidder, and to receive the faid rents and profits, or so much thereof as shall be ordered by the faid sellions, and to apply the money arising thereby towards the bringing up and providing for such bastard child so left as aforesaid. And further, That the said overleers of the poor shall be accountable to the justices of the peace, in their faid general sessions, for all such monies as shall or may arise by every such fale or fales, or to be received by them for the rents and profits of such lands or tépements.

VII. And be it further enažted by the authority aforesaid, hideal for ex: That if any person or persons shall be sued for any matter ecuting this act, may plead the generalifflue, or thing, which he or they shall do in execution of this act, and give tlıe special matter" in evidence, he or they may plead the general issue, and give the special and if acquitted, re- matter in evidence: And if a verdiet hall pass for the decover treble cults.

fendant or defendants, or if the plaintiff shall be nonfuited, or discontinue his suit, the defendant or defendants shall recover treble costs; and shall have the like remedy for the same, as any defendant hath in other cases by law.

VIII. And be il further enačled by the authority aforefaid, That the term, town, made use of in this act, shall be descriptive of, equivalent to, and be understood to comprehend borough, township, town, manor, parish, district, precinct and place, respectively.

An ACT againfiuying and selling of Ofices.

Pafled 7th February, 1788. TOR the avoiding of corruption in officers, and to the intent that persons

T worthy and ineet to be advanced to places where justice is to be administered, or any service of trust executed, and no other, should hereafter be preferred to the fame :

I. Be i enaĉled by the people of the fate of New-York, represented in fenate and assembly, and it is hereby enacted by the authority of the same, That if any

Any perfon felling person or persons, at any time hereafter, bargain or fell any cilen of an office; to office or offices, or deputation of any office or offices, or lole fuc'a office. any part or parcel of any of thein, or receive, have or take any money, fee, reward, or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee or reward, or other profit, directly or indireAly, for any office orof. fices, or for the deputation of any office or offices, or any part of any of them, or to the intent that any person should have, exercise or enjoy any office or offices, or the deputation of any office or offices, or any part of any of thein; then, all and every such person and persons who shall fo bargain or sell any such office or offices, deputation or deputations, or who shall take any money,

« SebelumnyaLanjutkan »