« SebelumnyaLanjutkan »
fee, reward or profit, for any such office or offices, deputation or deputations of any such office or offices, or any part of any of them, or who shall take any promise, agreement, covenant, bond or assurance, for any money, fee, reward or profit to be given for any such office or offices, deputation or depu. tations of any such office or offices, or any part of any of them, shall not on. Jy lose and forfeit all his and their right and estate which such person or persons shall then have of, in or to such office or offices, deputation or deputations, or any part of any of them, or of, in or to the gift or nomination of such office or offices, deputation or deputations, for the which office or offices, or for the deputation or deputations of which office or offices, or for any part of any of them, any such perion or persons shall fo make any such bargain or sale, or take or receive any sum of money, fee, reward or profit, or any promise, agreement, covenant, bond or afiurance, to have or receive any money, fee, reward or profit ; but also, all and every such person or persons, who shall give or pay any sum of money, reward or fee, or shall make any promise, agreement, covenant, bond or assurance, for any such office or ofiíces, or for the deputation or deputations of any such office or offices, or any part of any of them, shall iinmediately, by and upon the same fee, money or reward, given or paid, or upon any such promile, agreemeni, covenant, bond or assurance, had or made for any fee, sum of money, or reward, to be paid or given as aforesaid, be adjudged a disabled person in the law, to all intents and purposes, to have, exercile or enjoy the said office or offices, deputation or deputations, or any part of any of them, for the which such perion or persons fall fo give or pay any sum of money, fee or reward, or make any promise, agreement, covenant, bond, or other aflurance, to give or pay any sum of money, fee or reward. And further, That all and every such bargains, fales, promises, agreements, covenants, bonds and assurances, as be before specified, Ihall be void to and against him and them, by whom any such bargain, fale, promise, agreement, covenant, bond or assurance, Call be had or made.
II. Provided always, and be it further enacted by the au
nts: thority aforesaid, That if any person or persons do offend prior to their removal in any thing contrary to the tenor and effect of this Atatute,
bod yet notwithstanding all judgments given, and all other act
and acts executed or done by any such person or persons lo offending, by authority or colour of the office or deputation, which ought to be forfeited or not occupied, or not enjoyed by the person so offending as aforesaid, after the said offence so by such person committed or done, and before such person so offending, for the same offence be removed from the exercise, administration and occupation of the said office or deputation, shall be and remain good and fufficient in law, to all intents, constructions and purposes, in such like manner and form as the fame mould or ought to have remained and been, if this statute had not been made.
But all judgments, aćts, &c. of offenders,
from office, to be good in law.
CH A P. XVII. An ACT for preventing and punibing Perjury and Subor nation of Perjury, aid for compelling the Attendance of Witnesses.
Palled 7th February, 1788. 1. R Eit enated by the pcople of the fate of New-York, represented in senate
D and assembly, and it is hereby enabled by the authority of the fame, That all and every person and persons, who shall unlawfully and corruptly
Procure or suborn any witness or witnesses, by letters, rewards, promises; menaces, threats, or by any other finifter or unlawful labour or means whaifoever, to commit any wilful and corrupt perjury in any inatter or cause. whatsoever now depending, or which hereafter shall depend in suit and variarce, by any writ, action, Bül, complaint, information or indictment, in any wife touching or concerning any lands, tenements or hereditaments, or any goods, chatteis, debt, damages or offence, in the court of chancery, or in the court of admiralty, or in the court of probates, or in any court of record, or before any jufice of the peace, inayor, recorder or alderman, or shall unlawfully and corruptly procure or suborn any witness or witncfles, who shall be fworn to testify in perpetuam rei memoriam ; that then every such offender Shall, for his or her faid offence, being thereof lawfully convicted or attainted, lose and forfeit the sum of one hundred pounds : And if any such offender, being so convicted or attainted as aforesaid, shall not have any goods or chatte!s, lands or tenements to the value of one hundred pounds, that then every such person fo being convicted or attainted of any of the offences aforesaid, Thall, for his faid offence, suffer imprisonment for the space of fix inonths, without bail or mainprise, and shall ftand upon the pillory the space of one whole hour, in some town or public place in the county or city where the offence, was committed. And further, That no person being so convicted or attainted, all thenceforth be received as a witness, to depofe or be sworn in any inatter or cause whatsoever, until the judgment given against him or her fhall be reversed, by attaint or otherwise.
2 II. And be it further ènaded by the authority aforesaid, Perfons convicted of That if any person, either by the subornation, unlawful perjury,
procurement, sinister persuasion or means of any other, or by his or her own act, con'ent or agreement, wilfully and corruptly coinmit any manner of wilful perjury by his or her deposition, in any of the courts aforesaid, or before any person or persons having competent authority to take the same, and administer fuch oath, or on being examined in perpetuam rei memoriain, then he or she fo offending, and being thereof duly convicted or aţtainted, shall, for his or her said offence; lose and forfeit one hundred
To forfait cool and pounds, and be imprisoned six months, without bail or mainbe imprisoned fix prise : And such person so oreiding, from thenceforth shall
hot be received as a witness, to depose or be sworn in any matter of cause whatsoever, until the judgment given against his or her, Thall be reverfed by attaint or otherwise. And further, If any such offender
one of being so convicted or attainted as aforesaid, hall not have conds &c. to be set on any goods or chattels, lands or tenements, to the value of
baryo one hundred pounds, that then every such offender so be ing convicted or attainted, shall be set on the pillory for the space of one hour, in lonie town or public place in the same county or city where the said offence shall be committed
III. And be it further chaled by the authority aforesaid, That one moiety of the said forfeiture, Thall be to the use of the people of this state, and the other moiety to such perfon or persons as shall be grieved, hindered or mos lested by reason of any the offence or offences aforesaid, who will fue for the same, by action of debt, bill, plaint or information, in any court of record.
IV. And be it further enacted by thc authority aforesaid, That in every information or indictment to be profecuted against any person for wilful and corrupt perjury, either at the common law, or upon this act, it shall be suffitient 'to set forth the substance of the offence charged upon the defendant,
and by what court, or before whom the oath was taken (avering such court, or person or persons, to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or inata. ters wherein the perjury or perjuries is or are assigned, without setting forth the bili, answer, information, indictment, declaration, or any part of any record or proceedings, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or person or perfons before whom the perjury was committed ; any law, usage or cultom to the contrary notwithstanding.
V. And be it further enaded by the authority aforcaid. That in every information or indictment for subornation of perjury, or for corrupt bargaining, or contracting with others to commit wilful and corrupt perjury, either at the common law, or upon this act, it shall be sufficient to set forth the fub. Itance of the offence charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceedings, either in law or equity, and without setting forth the commillion or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed; any law, usage or custom to the contrary not withstanding.
VH And ie it further endžied by the authority aforesnid, Courts may dirett That it shall and may be lawful to and for any of the justices witnesses to be prote: *114. cuted for perjury, &c. of the supreme court, either at the supreme court, or any of the circuit courts, or justices afligned to hear and determine, or justices of gao! delivery, and they are hereby authorised, setting the court, or within twenty-four hours after, to direct any person exainined as a witness upon any trial before him or them, to be prosecuted for the said offence of perjury, in case there shall appear to him or them a reasonable cause for such prolecution, and that it shall appear to him or them proper so to do; and to allign the party injured, or other person undertaking such prosecution, counsel, who, Ihall and are hereby required to do their duty without any fee, gratuity or reward for the same ; and every such prosecution so directed as aforesaid, hall be carried on without payment of any fees in court, or to any officer of the court, who might otherwise claim or demand the faine ; and the clerk, or other proper officer who shall be attending when such profecution is directed, shall, and is hereby required, without any fee or reward, to give the party injured, or other person undertaking such prosecution, a certificate of the same being directed, together with the names of the counsel afligned him by the court ; which certificate shall, in all cases, be deemed sufficient proof of such prosecution having been directed as aforesaid: But that no such direction or certificate shall be given in evidence upon any trial to be had against any person, upon a profecution so directed as aforesaid.
VII. And be il further cnated by the authorily aforefuid, A witneft being tab. That if any person upon whom any process out of any of my, forfelts 291. and the courts of record within this state, Mall be served to co se party testify or depose concerning any causc or matter depending
in any of the same courts, and having terdered to him or her, according to his or her degree or caliing, sucli reatonable sums of money for his or her costs and charges, as, having regard to the distance of the place, is necesiary to be allowed in that behalf, do not appear according 10 the tenor of the said process, not having a lawful and reasonable let or impeSme ratha feff. elz, 28. diment to the contrary; then the person making default, let. 5
Thall lose and forfuit, for every such anence, the sum of
penaed, not appear
darnages, to shat part
twenty pounds, and mall yield further recompence to the party grieved, according to the loss and hindrance which the party who procured the faid process all futain, by reason of the non-appearance of such witness; the faid several sums to be recovered by the party fo grieved, against the offender, by action of debt, bill, plaint or information, in any court of record, with colts of fuit.
the thing in demand, Part 01 we umg un pieau
CH A P. XVIII. Ar ACT for preventing and punishing Champerly and Maintenance.
Pafled 7th February, 1788. I. R E it crafted by the people of the faie of New-York, represented in fencie ) and offernbly, and it is hereby en.cled by the authority of the same, That
of other no officer, or any other person, shall take upon him any PcIin to profecute five business chat is or may be in fuit in any court, for to have others to save part of part of the thing in plea or demand ; and no person upon
any such covenant or agreeinent, shall give up his right to another; and if any do, such coveyance, covenant and agreement shall be void. And further, That all and every person and persons who shall maintain any plea, fuit or matter depending, or hereafter to be depending in any court, for lands, tenements or other things, for to have part or profit thereof, shall be punished by fine or imprisonment. But this act shall not prohibit any person to have counsel of pleaders, or inen learned in the law, for his fee, or of his parents and next friends.
II. And be it further enacted by the authority aforesaid, That neither the chancellor, the justices of the supreme court, the president of the fenate,
fenators, officers of the court of chancery, clerks, or other Officers judicial or officers, judicial or ministerial, or any or either of them, piinifterial, taking any land while the shall take or receive any land or tenements in fee, by gift thing is in plea, or any reward, fubject Or by purchase,
bject or by purchase, or to farm, or by champerty, or otherto fine and imprifon« wise, so long as the thing is in plea in any court, nor shall
take any reward thereof; and he who doth the contrary, either by himself or by any other, or makes any bargain concerning the fame, Thall be punished by fine or imprisonment, as well he that purchaseth, as he that doth sell,
III. And it is hereby declared by the authority aforesaid, That all such as confederate or bind themselves by oath, covenant, agreement, or other alliance, that every of them shall aid and bear the other, falsely and maliciously to indiet or cause to be indicted, any person or persons, or fallely to move or maintain any plea or suit, and such as maliciously cause children within age to appeal men of felony, whereby they are imprisoned and grieved, as such as retain men in the country with liveries or fees, for to maintain their malicious enterprizes, as well the takers as the givers, are properly to be called conspirators. And such as move pleas and suits, or cause them to be moved, either by their own procurement or by others, and sue them at their own proper costs, for to have part of the land or thing in variance, controversy or demand, or part of the gains, are properly to be called champertors.
IV. And be it further enaged by the authority aforesaid, That whosoever will complain of conspirators, inventors and maintainers of false quarrels, and the partakers thereof, may cause them to be attached, that they be be
fore the people of the state of New-York, to answer unto the plaintiffs, by a writ out of the chancery, in form following: THE people of the itate of New-York, To the sherif, greeting: We
1 command you, That if A. of G. shall make you fecure of profecuting his complaint, then put by gage and safe pledges C of D. that he be before us, on the third Tuesday of January next, wherefoever we shall then be, to answer the aforesaid A. of a plea of conspiracy and trespass, according to our ordinance thereof lately provided, as the fame A. can reasonably shew that he ought to answer unto him thereof; and have you there the names of the pledges, and this writ.
And further, That if any person shall prosecute by bill without writ, the court shall do right to the plaintiff without delay.
V. And be it further enacted by ihe authority aforesaid, That no person whosoever, great or small, either by himself or by any other, by sending letters or otherwise, shall take upon him to maintain quarrels, other than his own, nor parties in the country or elsewhere, to the let and disturbance of law, upon pain of being punished by fine or imprisonment, and to lose his office, if he be an officer.
- VI. And be it further enaćice by the authority aforesaid, Perfons maliciously That every citizen of this state, who shall maliciously be indicted, or appealed out of the county indicted or appealed of or for any treason, feiony or trefwhere they relide, if not acquitted, to recover pass, by any indictment or appeal before the justices of the treble damages. fupreme court, or before justices aliigned to hear and determine, or before justices of the peace, or before any other having power to take such indictments or appeals, and who Thall be then dwelling in any other county than where such indictment or appeal shall be taken, and who snall afterwards be duly acquitted thereof by verdict, shall, after such acquittal, have a writ and action upon his case, against every procurer of such indi&ment or appeal, and like process shall be upon and in the same writ, as in a writ of trespass done with force and arms; and if such procurer be convicted in this behall, the plaintiff shall recover his treble damages.
VII. And be it further enddied in the authority aforeluid, Pracurors of fille That if any person or persons, through malice, intending appeals, to be punished by fine and impri- to grieve another, do procure falle appeals to be made of
murder or other felony, when the party appealed doth acquit himself in any court having cognizance thereof, in due manner, either at the suit of the appellor, or at the suit of the people of this state, the justices before whom the appeal shall be heard and determined, snall punish the appellor by fine or imprisonment; and the appellor shall also restore to the party appealed, his or her damages, according to the discretion of the justices, having respect to the imprisonment or arreatment that the party ap-. pealed hath sustained, by reason of such appeal, and to the infimy he or she hath incurred by the imprisonment or o herwie. And if such appellor be not able to recompence the damages, it shall be enquired by whose abetment or malice the appeal was commenced, if the party appealed desire it; and if it be found by the same inquest, that any perion is abertor, through malice, he shall be distrained by a judicial writ, at the fuit of the party appealed, to come before the juflices, and if he be lawfully convicted of such malicious abetment, he shall be punished by fine or imprisoninent, and reslitution of the damages, as above is said of the appellor.
VIII. And whereas many persons having right and true title, as well to lands, tenements and reuts, as to recover in personal actions, be wrongfully