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they fhall judge meet and proper, to be refunded and paid back to the perfon or perfons who paid the fame, his or her executors or adminiftrators; and that fuch order fo entered in the minutes ofthe faid court, fhall be a fufficient discharge for the faid clerk, apprentice or fervant, against his or her mafter or mistress, and his or her executors and adminiftrators; the faid indenture or any law or custom to the contrary notwithstanding. And if the default shall be found to be in the clerk, apprentice or fervant, then the faid juftices fhall caufe fuch due correction and punishment to be adminiftered unto him or her, as by their wisdom and difcretion fhall be thought meet.

or fervant upon whofe

paid.

X. And whereas in fome cales, as well by reafon of the diftance of the place of refidence of the faid mafters or miftreffes, from the places where the refpective courts of general feflions of the peace are holden, as for other caufes, it is very inconvenient that the final decifion of differences between mafters or miftreffes, and their apprentices or fervants, fhould be deferred until the fitting of the next general feffions of the peace for the city or county wherein fuch mafter or miftrefs refide: For remedy whereof, Be it furThree juftices may ther enacted by the authority forefaid, That it fhall and dings prenice may be lawful to and for any three or more juftices in any binding so money 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 whofe binding out no fum of money was paid, touching or concerning any mifufage, refufal of neceffary provifion or clothing, cruelty, or other ill treatment, of or towards fuch apprenfice or fervant, by his or her mafter or mistrels, by precept under their hands and feals, to fummon fuch mafter or mistress to appear before fuch juftices, or fuch mayor, recorder and aldermen, or any two or more of them, at a reasonable time and place to be named in fuch fummons; and fuch juftices, mayor, recorder and aldermen, fhall and may examine into the matter of fuch complaint; and upon proof thereof made upon oath to their fatisfaction (whether the mafter or miftrefs be prefent or not, if fervice of the fummons be also upon oath proved) the faid juftices or mayor, recorder and aldermen, may discharge fuch apprentice or fervant, by warrant or certificate under their hands and feals; for which warrant or certificate no fee fhall be paid.

raufe apprentices or

XI. And be it further enacted by the authority aforesaid, Two jutices may That it fhall and may be lawful to and for fuch juflices, or evants to be punish mayor, recorder and aldermen, or any two or more of ed for ill behaviour. then, upon application or complaint made upon oath, by any mafter or miftrefs, against any fuch apprentice or fervant, touching or concerning any misdemeanor, mifcarriage, or ill behaviour in fuch his or her fervice, to hear, examine and determine the fame, 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 other wife by discharging fuch apprentice or fervant in manner and form before mentioned.

XII. And whereas many perfons are taken as apprentices or fervants when they are very young, and for feveral years of their apprenticeships or fervice, are rather a burthen than other wife to their masters or mistreffes: And whereas it frequently happens, that fuch apprentices or fervants, when they might be expected to be useful to their mafters or miftreffes, abfent themfelves from their fervice: And whereas the laws in being are not fufficient to prevent thefe inconveniences; For remedy whereof, Be it further enacted

the time of 1uch ab

faction.

Apprentices or fer- by the authority aforefaid, That from and after the pafling vants abfenting themlves to ferve double of this act, if any apprentice or fervant fhall abfent him or fence, or make fatif- herfelf from his or her mafter's or miftrefs's fervice, before the term of his or her apprenticeship or fervice fhall be expired, every fuch apprentice or fervant fhall, at any time or times thereafter, whenever he or fhe fhall be found, be compelled to ferve his or her faid mafter or mistress, for double the time he or fhe fhall have fo abfented him or herself from fuch fervice, unless he or she shall make fatisfaction to his or her mafter or mistress, for the lofs he or she fhall have fuftained by fuch abfence from his or her fervice; and fo from time to time, as often as any fuch apprentice or fervant fhall, without leave of his or her mafter or mistress, abfent himself or herself from his or her fervice, before the term of his or her contract fhall be fulfilled. Provided always, and be it further enBut not to extend to affed by the authority aforefaid, That nothing in this claufe any apprentice upon of this act fhall extend to any apprentice, whofe mafter or money was paid. miflrefs fhall have received, with fuch apprentice, any fum or fums of money to learn fuch art, craft, miftery, profeffion, trade or employment: And alfo, That no apprentice or fervant fhall be compelled to ferve for any time or term, or to inake any fatisfaction to any mafter or mistrefs, after the expiration of three years next after the end of the term for which fuch apprentice or fervant fhall have contracted to serve; any thing herein contained to the contrary notwithstanding.

whofe binding any

XIII. Provided alfo, and be it further enacted by the authority aforesaid, That if any perfon or perfons fhall think himself, herself or themfelves aggrieved by fuch determination, order or warrant of fuch juftice or juftices, mayor or recorder, and aldermen as aforefaid (except an order of commitment) he, The or they may appeal to the next general feffions of the peace, to be holden in and for the county, city or place where fuch determination or order shall be made; fuch perfon or perfons giving fix days notice of his, her or their intention of bringing fuch appeal, and of the cause and matter thereof, to fuch juftice or juftices of the peace, mayor, recorder or aldermen, and the parties concerned, and entering into a recognizance, within three days after fuch notice, before fome justice of the peace, or the mayor, or recorder, or one of the aldermen for fuch county, city or place, with fufficient furety, conditioned to try fuch appeal at, and abide the order or judgment of, and pay fuch cofts as fhall be awarded by the justices at fuch general feflions; which faid juftices at their faid feffion, upon due proof upon oath, of fuch notice being given, and of entering into fuch recognizances as aforefaid, fhall, and are hereby empowered and directed to proceed in, and hear and finally determine the caules and matters of all fuch appeals, and to give and award fuch costs to any of the refpective parties, appellant or refpondent, as they, in their discretion, shall judge proper and reafonable, not exceeding four pounds; the fame to be levied by diftrefs and fale of the goods and chattels of fuch person or persons againft whom fuch determinations fhall be made, and that their judgments and orders therein fhall be final and conclufive to all parties concerned.

XIV. Provided alfo, and be it further enacted by the authority aforefaid, That no writ of certiorari, or other procefs, fhall iffue, or be ifliable to remove into the fupreme court, any proceedings whatsoever, had in purfuance of this act, before any juftice or juftices of the peace, mayor or recorder, or alderman, or any of them, or before any court of general feflions of the peace, until after determination and final judgment therein had, by or in fuch court of general feflions of the peace.

CHA P. XIV.

An ACT for afcertaining the Measure of Land.

Paffed 7th February, 1788. Eit enacted by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That an acre of land fhall contain one hundred and fixty fquare 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; fo that when an acre of land shall be fixteen rods in length, it shall be ten rods in breadth.

CHA P. XV.

An ACT for the Relief of Cities and Towns, from fuch Charges as may arife from Baftard Children born within the fame.

Pafled 7th February, 1788.

WHEREAS baftards, or children begotten and born out of lawful ma

trimony, are often left to be kept and provided for at the charge of the refpective cities or towns in which the fame are fo born, to the great burden of the fame cities or towns; for remedy whereof,

I. Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the jame, That any two juftices of the peace of any city, or of any county, one whereof refiding in or near the town within which fuch baftard fhall be born, upon examination of the caufe and circumftance, fhall and may, by their difcretion, take order for the better relief of every fuch city or town, in part or in all, and fhall and may likewife, by like difcretion, take order for the keeping of every fuch baftard child, by charging fuch mother or reputed father with the payment of money weekly, or other fuftentation for the relief of fuch child, in fuch wife as they fhall think meet and convenient; and if after the fame order by them fubfcribed under their hands, the mother or reputed father, upon notice thereof, fhall not for his or her part obferve and perform the faid order, that then every fuch party fo making default in not performing the faid order, fhall be committed to the house of correction, or (for want thereof) to the common gaol of fuch city or county, there to remain without bail or mainprife, except he or she fhall put in fufficient furety to perform the faid order, or elfe perfonally to appear at the next general feffions of the peace, to be holden in and for the city or county where fuch order fhall be taken; and also to abide fuch order as the faid juftices of the peace, or the major part of them, in their faid feffions fhall take in that behalf (if they then and there fhall take any) and that if at the faid feffions the faid juftices fhall take no other order, then to abide and perform the order before made as aforefaid.

II. And be it further cnacled by the authority aforefaid, That if any woman shall be delivered of a bastard child, which fhall be chargeable, or likely to become chargeable to any city or town, or fhall declare herself to be with child, and that fuch child is likely to be born a bastard, and to be chargeable to any city or town, and shall, in either of fuch cafes, in an examination to be taken in writing, upon oath, before any one or more juftice or juftices of the peace of any city, or of any county wherein fuch town fhall lie, charge any perfon with having gotten her with child, it shall and may be lawful to and for fuch juftice or juttices, upon application made to him or them, by the overfeers of the poor of fuch city or town, or perfons acting as fuch, or by

any one of them, to iffue out his or their warrant or warrants, for the imme, diate apprehending fuch perfon fo charged as aforefaid, and for bringing him before fuch juftice or justices, or before any other of the juftices of the peace of fuch city or county; and the jullice or jullices before whom fuch perfon fhall be brought, is and are hereby authorifed and required to commit the perfon fo charged as aforefaid, to the house of correction, or common gaol of fuch city or county, unless he thall give fecurity to indemnify fuch city or town, or hall enter into a recognizance with fufficient furety, with condition to appear at the next general fellions of the peace to be holden for fuch city or county, and to abide or perform fuch order or orders as fhall be made in puriuance of this act.

III. Provided nevertheless, and be it further chadled by the authority aforefaid, That if the woman fo charging any perfon as aforefaid, fhall happen to die, or be married before fhe fhall be delivered, or if the fhall mifcarry of fuch child, or fhall appear not to have been with child at the time of her examination, then, and in any of the faid cafes, such person shall, at the next general feffions of the peace to be holden for fuch city or county, be dif charged from his recognizance, or immediately releafed out of cuftody, by warrant under the hand and feal, or hands and feals of any one or more juftice or juftices of the peace of fuch city, or of any one or more justice or juftices of fuch county, refiding in or near fuch town.

ing from confinement,

IV. Provided alfo, and be it further enacted by the auth Mode of discharge rity aforesaid, That upon application made by any perfon it no order be made, who fhall be committed to any houfe of correction or gaol, by virtue of this act, or by any perfon in his behalf, to any one or more juftice or juftices of fuch city, or to any one or more juftice or juftices of fuch county, refiding in or near. fuch town, fuch juftice or justices is and are hereby authorised and required to fummon the overfeer or overfeers of the poor of the city or town, to appear before him or them at a time and place to be mentioned in fuch fummons, to fhew caufe why fuch perfon fhould not be discharged; and if no order fhall appear to have been made in putfuance of this act, within fix weeks after fuch woman fhall have been delivered, fuch juftice or juftices fhall and may discharge him from his imprisonment in fuch houfe of correction or gaol to which he fhall have been committed.

V. Provided always, and be it further exacled by the authority aforefind That it fhall not be lawful for any juftice or juftices of the peace, to fend for any woman whatfoever, in order to her being examined concerning her pregnancy, or fuppofed pregnancy, until one month after the fhall be delivered, or to compel any woman, before, fhe fhall be delivered, to answer to any question relating to her pregnancy.

VI. And whereas the putative fathers and lewd mothers of baftard children, often run away out of the city or town, and fometimes put of the county, and leave the faid baftard children upon the charge of the city or town where they are born, although fuch putative father or mother have estate fufficient to difcharge fuch city or town: Therefore, Be it further Juftices may cuuite enacted by the authority aforefid, That it hall and may be the eftates of fathers lawful for the overfeers of the poor of fuch city or town, children, to be feized where any baftard child fhall be born, to apply to any two for their fupport. juftices of the peace of the city or county where the eftate real or perfonal, or any part thereof, of fuch putative father, or lewd mother, may be, and by warrant under the hands and feals of the faid two ju fices (who are hereby authorised and required to iffue the fame) to feize and Vol. II.

and mothers of bastard

E

take the goods and chattles, and to let out and receive the annual rents and profits of the lands and tenements of fuch putative father, or lewd mother, io absconding as aforesaid, for and towards the bringing up and providing for fuch baftard child fo left as aforefaid; and so soon as the faid feizure shall be allowed of, and confirined by the juftices in their general feffions of the peace, it shall and may be lawful for the overfeers of the poor of the city, town or place, or any two of them, from time to time, and as often as the cafe may require, to fell and difpofe of fo much and fo many of the faid goods and chattles, at public vendue, to the highest bidder, and to receive the faid rents and profits, or so much thereof as shall be ordered by the faid feffions, and to apply the money arifing thereby towards the bringing up and providing for fuch baftard child fo left as aforefaid. And further, That the faid overfeers of the poor fhall be accountable to the juftices of the peace, in their faid general feffions, for all fuch monies as fhall or may arise by every fuch fale or fales, or to be received by them for the rents and profits of fuch lands or tenements.

VII. And be it further enacted by the authority aforefaid, Perfons fued for ex. That if any perfon or perfons fhall be fued for any matter ecuting this act, may plead the generaliffe, or thing, which he or they fhall do in execution of this act, and give the fpecial matter in evidence, he or they may plead the general iffue, and give the special and if acquitted, re- matter in evidence: And if a verdict hall pass for the defendant or defendants, or if the plaintiff fhall be nonfuited, or discontinue his fuit, the defendant or defendants fhall recover treble costs; and fhall have the like remedy for the fame, as any defendant hath in other cafes by law.

cover treble cufts.

VIII. And be it further enacted by the authority aforesaid, That the term, town, made use of in this act, fhall be defcriptive of, equivalent to, and be understood to comprehend borough, township, town, manor, parifh, diftrict, precinct and place, respectively.

FO

CHAP. XVI.

An ACT against buying and felling of Offices.

Pafled 7th February, 1788. OR the avoiding of corruption in officers, and to the intent that perfons worthy and meet to be advanced to places where juftice is to be adminiftered, or any fervice of truft executed, and no other, fhould hereafter be preferred to the fame:

tion of an office, to

I. Be it enucled by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That if any Any perfon felling perfon or perfons, at any time hereafter, bargain or fell any an orice, or deputa office or offices, or deputation of any office or offices, or lofe fuck office. any part or parcel of any of them, or receive, have or take any money, fee, reward, or any other profit, directly or indirectly, or take any promife, agreement, covenant, bond, or any affurance 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 perfon fhould have, exercife 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 fell any such office or offices, deputation or deputations, or who fhall take any money,

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