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they hall 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 so entered in the minutes of the said court, shall be a sufficient di charge for the faid clerk, apprentice or servant, against his or her
after or in stress, and his or her executors and administrators; the said indcnture or any law or custom to the contrary notwithstanding. And if the de jult 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 hier, as by their wisdom and discretion shall be thought meet.
X. And whereas in some cases, as well by reason of the distance of the place of residence of the said masters or mistretíes, from the places where the refpective courts of general fellions of the peace are holden, as for other caufs, it is very inconvenient that the final decifion of differences between mafters or mistresses, and their apprentices or fervants, should be deferred until tre sitting of the next general fellions of the peace for the city or county wherein such malter or mistre's relide: For remedy whereof, Be it furTree justicee may
ther cated by the u-hority forcsaiil, That it shall and cu orice may be lawful to and for any three or more justices in any bizning.o inoney was county, or for the mayor, recorder and aldermen, or any
three or more of them, upon any complaint or application by any apprentice or fervant, upon whole binding out no fum of money was paid, touching or concerning any milifage, refusal of necessary provifio: or clothing, cruelty, or other ill treatment, of or towards tuch apprenrice or servant, by his or her master or mistres, by precept under their hands an] seals, to luminon such inafter or mitress to appear before such justices, or such mayor, recorder and aldermen, or any two or more of them, aç a reasonable time and place to be named in such summons; and such justices, mayor, recorder and aldermen, Thall and may examine into the matter of such complaint; and upon proof thereof made upon oath to their fatisfaction (whether the inafter or mistress be present or not, if service of the summons be also upon oath proved) the said juftices or mayor, recorder and aldermen, may discharge such apprentice or servant, by warrant or certificate under their hands and seals; for which warrant or certificate no fee shall be paid.
XI. And be it further ended by the authority aforesaid, Twjurich may That it Niall and may be lawful to and for such juslices, or
meto ba punila mayor, recorder and alderinen, or any iwo or more of ed for ili behaviour. thein, upon application or complaint made upon oath, by any master or mistress, against any fuch apprentice or servant, touching or concerning any misdemeanor, miscarriage, or ill behaviour in such his or her service, to hear, examine and determine the same, and to punish the offender, by comiitment to the house of correction (if any there be) or to the cominon 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 m.inner 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 mistrefies : And whereas it frequently happens, that such appren ices or fervants, when they might be expected to be uleful to their maiters or mistreffes, absent theinfelves from their service : And wliereas the laws in being are not sufficient to prevent these intonveniences; For reinedy whereof, Be it further enacted
Apprentices or, der by the authority aforefuid, That from and after the pasing Ilves to Icrve double of this act, if any apprentice or fervant Thall ablent him or fence, ut inake Tatil: herfelf from his or her malter's or mistress's fervice, 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 me fliall have fo abfented him or herself from such service, unless he or she shall make fatistaction to his or her master or mistress, for the loss he or she mall have suftaired by such absence from his or her service; and so from time to tiine, 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 forvice, before the term of his or her contract Ihall be fulfilled. Provided always, and bc it firrther evi
But not to extend to ailed by the authority aforesaid, That nothing in this clause any apprentice upon of this act shall extend to any apprentice, whose master or whose binding any money was paid. mistress shall have received, with such apprentice, any fuum or sums of money to learn such art, craft, mistery, profession, trade or em. 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 miltress, 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 enacted by the authority afurefuid, 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; The or they may appeal to the next general sessions of the peace, to be holden in and for the county, city or place where such determination or order Thall 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 fuch justice or justices of the peace, mayor, recorder or aldermen, and the parties concerned, and entering into a recognizance, within three days after fuch notice, before fome juitice 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 fuch general sessions ; which said justices at their faid session, upon due proof upon oatlı
, of such notice being given, and of entering into such 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 award fuch costs to any of the respective parties, appellant or respondent, as they, in their discretion, Ihall judge proper and reasonable, not exceeding four pounds; the same to be levied by distress and sale of the goods and chatieis of such person or persons againft whom such determinations shall be made, and that their judginents and orders therein shall be final and conclufive to all parties concerned.
XIV. Provided alo, and be it further enated by the authority forc, aid, That no writ of certiorari, or other process, shall issue, or be ifliable to remove into the supreme court, any proceedings whatsoever, had in purluance 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, un:il after determination and final judgment therein had, by or in fucla court of general feflions of the peace.
с н д Р. XIV.
Palied 7th February, 1788. BE
and afëmbly, and it is hereby enacted by the authority of the fame, That an acre of land shall 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 Ciarges as may arise from Baftard Children bor: within the same.
Pafied 7th February, 1788. W THEREAS bastards, or children begotten and born out of lawful ma
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 enacted by the people of the ftale of New-York, represented in senale and aljembly, and it is hereby enacted by the authorily of the same, That any two justices of the peace of any city, or of any county, one whereof residing in or near the town within which such bastard Mhall 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 bastard child, by charging such mother or reputed father with the payment of money weekiy, 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 faid order, that then every such party fo making default in not performing the faid order, Thall 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 fall put in fufficient furety to perform the said order, or else personally to appear at the next general fellions 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 feflions the faid justices Thall take no other order, then to abide and perform the order before made as aforesaid.
II. And be il 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 chargeable 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 cases, 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 Mall and may be lawful to and for such justice or jultices, upon application made to him or them, by the overfeers of the poor of such city or town, or persons acting as such, or by
any one of them, to issue out his or their warrant or warrants, for the inmes diate apprehending such person so charged as aforelaid, and for bringing hin before such justice or justices, or before any other of the justices of the peace of such city or county; and the justice or jullices before whom tuch person Thall be brought, is and are hereby authorifed and required to commit the ptrson so 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 shall enter into a recognizance with sufficient surety, with condition to appear at the next general letlions of the peace to be holden for such city or county, and to abide or perform luch order or orders as fhall be made in purjuance of this act.
III. Provided neveriheless, and be it further cnailed by the authority aforeFail, That if the woman fo charging any person as aforefaid, shall happen to die, or be married before she shall be delivered, or if the shall miscarry of such 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 liołden for such city or county, be discharged from his recognizance, or immediately releafed out of custody, by warrant under the hand and seal, or hands and feals of any one or more justice or justices of the peace of such city, or of any one or more justice or justices of such county, residing in or near such town.
IV. Provided aljo, and be il further enabled by the îithoBaile of gik harga rity aforesaid, That upon application made by any person it ho order be ma:te, 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 juutices of such county, reliding in or near, such town, such justice or justices is and are hereby authorised and required to summon the overteer or overfcers 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 shew cause why such person should not be discharged; 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 juflices shall and may discharge him from his imprisonment in Yuch house or correction or gaol to which he shall have been committed.
V. Provided always, and be it further crafted by the aulhority afirefund, That it shall not be lawful for any justice or justices of the peace, to send for any woman whatsoever, in order to her being examined concerning her pregnancy, or fuppofed pregnancy, until one month atier The Thall be delivered, or to compel any woman, before. The shall be delivered, to answef 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 thé faid bastard children upon the charge of the city or town where they are born, although such putative father or mother have estáte füfficient to discharge such city of town: Therefore, Be il further
Justices may cause chucted by the unikority utforef.id, "That it Phall aid may be the estates at fathers lawful for the overfcers of the poor of such city or town, children, to be keized where any bastard child shall be born, to apply to any two for their fupport. justices of the peace of the city or county where the estate real or personal, or any part thereof, of dich putative father, or lewd mother, máy be, and by warrant under the hands and feals of the said wo ju lices (who are hereby authorised and required to illue the same, o leize and
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, io abiconding as aforefaid, 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 sessions of the peace, it shall and may be lawtul 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 fell and dispose of so much and so many of the said goods and cliattles, at public tendue, to the highest bidder, and to receive the said rents and profits, or so much thereof as shall be ordered by the faid fefsions, and to apply the money arising thereby towards the bringing up and providing for such bastard child fo left as aforesaid. And further, That the laid overieers of the poor shall be accountable to the justices of the peace, in their faid general feffions, for all such monies as fh all or may arise by every luch sale or fales, or to be received by them for the rents and profits of such lands or tenements.
VII. And be it further enated by the authority aforesaid, Persons fued for ex: That if any person or persons shall be sued for any matter plead the generalistus, or thing, which he or they shall do in execution of this act, anetta pence, he or they may plead the general iflue, and give the special and if acquitted, re- matter in evidence: And if a verdi&t hall pass for the de
fendant or defendants, or if the plaintiff'shall be nonsuited, 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 enadled 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.
cover treble costs.
CH A P. XVI.
Pafled 7th February, 1788. POR the avoiding of corruption in officers, and to the intent that persons
worthy and ineet to be advanced to places where justice is to be adininistered, or any service of trust executed, and no other, should hereafter be preferred to the fame :
Be il enucled by the people of the fate of New York, represented in fenate and asembly, and it is hereby cnccled by the authoriiy of the Janie, That if any
Any per fon feiling person or persons, at any time hereafter, bargain or fell any an ouce, or deput de office or offices, or deputation of any office or offices, or
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, agreeinent, covenant, bond, or any assurance to receive or have any money,fee or reward, or other profit, directly or indirectly, for any office or offices 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 them; then, all and every such person and persons who shall fo bargain or sell any such office or offices, deputation or deputations, or who Thall take any money,
loie fuc's office.