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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 only lose and forfeit all his and their right and estate which such person or per. fons shall then have of, in or to such office or offices, deputation or deputations, or any part of any of thein, or of, in or to the gift or nomination of fuch 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 Mall so make any such bargain or fale, or take or receive any sum of money, fee, reward or profit, or any promise, agreement, covenant, bond or assurance, 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 ofices, or for
the deputation or deputations of any such office or offices, or any part of any of them, shall inmediately, by and upon the same fee, money or reward, given or paid, or upon any such promise, agreement, 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 faid office or offices, deputation or deputations, or any part of any of them, for the which such perion or persons Mall so give or pay any sum of money, fee or reward, or make any promise, agreement, covenant, bond, or other assurance, to give or pay any sum of money, fee or reward. And further, That all and every fuch 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 affurance, shall be had or made.
II. Provided always, and be it further enaĉed by the auBut all ladements, thority aforesaid, That if any person or perfons do ofiend prior to their removal in any thing contrary to the tenor and effect of this statute,
yet notwithstanding all judgments given, and all other act
and acts executed or done by any such person or perions so offending, by authority or colour of the office or deputation, which ought to be forfeited or not occupied, or not enjoyed by the person fo offending as aforesaid, after the said offence so by such perfon committed or done, and before such person so offending, for the fame offence be removed from the exercise, administration and occupation of the said office or deputation, shall be and remain good and sufficient in law, to all intents, constructions and purposes, in such like manner and form as the same should or ought to have remained and been, if this statute had not been made.
from office, to be good in law.
CH A P. XVII. An ACT for preventing and puniling Perjury and Subor nation of Perjury, wild for compelling the Atiendance of Witnelles.
Palled 7th February, 1788. 1. BE
E it enacted by the people of the fate of New-York, represented in senate
and afimbly, and it is hereby enabled by the authority of the funte, That all and every person and persons, who shall unlawfully and corrupil
Procure or fuborn any witness or witnesses, by letters, rewards, promies, menaces, threats, or by any other finifter or unlawful labour or means whatfoever, to commit any wilful and corrupt perjury in any inatter or cause. whatsoever now depending, or which hereafier shall depend in fuit and variance, by any writ, action, Bill, complaint, information or indictment, in any wife touching or concerning any lands, tenen:ents 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, mayor, recorder or aldeiman, or shall unlawfully and corruptly procure or suborn any witness or witnefies, who shall be. fwor to testify in perpetuam rei memoriam ; that then every such offender Thall, for his or her hid offence, being thereof lawfully convicted or attainted, lose and forfeit the sum of one hundred pounds : And if any such cffender, being so convicted or attainted as aforesaid, shall not have any goods or chatte!s, lands or tencments to thie value of one hundred pounds, that then every such person so being convicted or attainted of any of the offences aforesaid, shall, for his faid offence, fuffer imprisonment for the space of fix inonths, without bail or mainprise, and thall stand 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 depose or be sworn in any inatter or cause whatsoever, until the judgment given against him or her fhall be reversed, by attaint or otherwise.
II. "And be it further enated by the authority afurcfiid, 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 such oath, or on being examined in perpetuam rei memoriam, then he or she so offending, and being thereof duly convicted or attainted, shall, for his or her faid offence; lose and forfeit one hundred
To forfeit rool, and pounds, and be imprisoned fix months, without bail or inainbe imprisoned fix prise : And such person fo oflending, from thenceforth shall months.
hot be received as a witness, to depose or be sworn in any matter of cause whatsoever, until the judgment given against hitn or her, Thall be reversed by attaint or otherwise. And further, If any such offender
being so convicted or attainted as aforesaid, shall not have ads &c. to be set on any goods or chattels, lands or tenements, to the value of the pillory.
one hundred pounds, that then every such offender so be ing convicted or attainted, fhall be set on the pillory for the space of one hour, in lonte town or public place in the same county or city where the foid offence shall be committed.
III. And be it further cnaled by the authority aforesaid, That one moiety of the said forfeiture, Thall be to the use of the people of this fiate, and the other moiety to such person or perions as shall be grieved, hindered or mo: Jested 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 the authority aforcfaid, That in every information or indictment to be profecuted againft 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 ofence charged upon the defendant,
And for want of
and by what court, or before whom the oath was taken (avering such court, or person or persons, to have a competent authority to adminifter the fame) together with the proper averment or averments to fallify the matter or mata ters wherein the perjury or perjuries is or are alligned, without setting forth the bill, 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 commillion or authority of the court, or person or perfons before whom the perjury was committed ; any law, usage or cul tom to the contrary notwithstanding.
V. And be it further enađed by the authority afore aid, 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 sub. 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.
VL and le it further encäed by the authority aforesaid, Courts may direct
. That it shall and may be lawful to and for any of the justices duted for perjury, &c. of the supreme court, either at the supreme court, or any of the circuit courts, or justices asiigned to hear and determine, or justices of gaol delivery, and they are hereby authorised, setting the court, or within twenty-four hours after, to direct any person examined as a witness upon any trial before him or them, to be prosecuted for the said offence of perjury, in cafe 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 aflign the party injured, or other person undertaking such prosecution, counsel, who, shall and are hereby required to do their duty without any fee, gratuity or reward for the fame ; and every such prosecution so directed as aforesaid, shall be carried on without payment of any fees in court, or to any officer of the court, who night otherwise claim or demand the faine ; and the clerk, or other proper officer who shall be attending when such prosecution is directed, shall, and is hereby required, without any fee or reward, to give the party injured, or other person undertaking such profecution, a certificate of the faine being directed, together with the names of the counsel assigned 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 wial to be had againit any person, upon a profecution so directed as aforesaid.
VII. And be il further enated by the artihorily aforeluid Awitne for being tal. That if any person upon whom any process out of any of brug, for felis 29. and the courts of record within this state, Mall be served 10 The to all party tellify or depose cuncerning any cause or matter depending
in any of the fame courts, and having tendered to him or her, according to his or her degree or calling, 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 iraving a lawful and reasonable let or impesce ratha feff. es. 28. diment to the contrary; then the person making default,
fall lose and forfeit, for every such anence, the sum of
twenty pounds, and Niall yield further recompence to the party grieved, according to the loss and hindrance which the party who procured the faid process thall futain, by reason of the non-appearance of such witness; the Said several fums 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.
N, oficer or other
CH A P. XVIII. An ACT for prevening and purifbing Champerly and Maintenance.
Pafled 7th February, 1788. E it chaêlcd by the people of the file of New-York, represented in fenaie and effe:nbly, and it is hereby eni.cled by the authority of the fame, That
no orficer, or any other person, shall take upon him any poi fun to purofecute tior bulines that is or may be in suit in any court, for to have the thing in de:1419depart of the thing in plea or demand ; and no person upon
any such covenant or agreeinent, Mall give up his right to anotlier ; 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 marter 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 men learned in the law, for his fee, or of his parents and next friends.
II. And bc 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 minifterial, or any or either of them, any land while the shall take or receive any land or tenements in fee, by gift any reward," subject or by purchase, or to farm, or by champerty, or otherto fine and inpritone wise, so long as the thing is in plea in any court, nor shail
take any reward thereof; and he who doth the contrary, either by himself or by any other, or makes any bargain concerning the fame, mall be punished by fine or imprisonment, as well he that purchaseth, as he that doth fell,
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 causé to be indicted, any person or persons, or falsely 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 enažied 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 plaintifs, by a writ out of the chancery, in form following: THE THE people of the itate of New-York, To the sherif, greeting: We
command you, That if A. of G. shall make you fecure of profecuting his complaint, then put by gage and fafe pledges C of D. that he be before us, on the third Tueida y 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 (new 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 il further enacted by the authority aforesaid, That no person whosoever, great or small, either by himself or by any other, by fending letters or otherwise, shall take upon him to maintain quarrels, other than his own, nor parties in the country or elsewhere, to the iet and disturbance of law, upon pain of being punished by fine or imprisonment, and to lose his office, if he be an officer.
Vl. cind be it further enaĉice by the authority aforesaid, Perfons maliciouf., That every citizen of this state, who shall maliciously be out of tire county indicted or appealed of or for any treason, felony or trefwhere they reside, if acquitted, to recover
pass, by any indictment or appeal before the justices of the treble damages.
supreme court, or before justices alligned to hear and determine, or before justices of the peace, or before any other having power to take such indictments or appeals, and who Ihall be then dwelling in any other county than where such indictment or appeal shall be taken, and who shall afterwards be duly acquitted thereof by verdict, Mall, afier fuchi acquittal, have a writ and action upon his case, against every procurer of such indictment 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 behalf, the plaintiff shall recover his treble damages.
VII. And be it further enucled in the wh!hority aforerid, Pracurors of file. That if any person or persons, through malice, intending cd by fine and impri- to grieve another, do procure false appeals to be made of fonment, &c.
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 jufices before whom the appeal shall be heard and determined, shall 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 impritonment or arreitment that the party ap-. pealed hath fustained, by reason of such appeal, and to the infamy he or she hath incurred by the imprisonment or o herwie. And if such appellor be not able to recompence the damages, it jhall be enquired by whose abetment or malice the appeal was commenced, if the pulty appealed defire it; and if it be found by the same inquest, that any perion is abettor, through malice, he shall be distrained by a judicial writ, at the lui: of the party appealed, to come before the justices, and if he be lawfully convicted of such malicious abetment, he shall be punished by fine or imprisonnent, and restitution of the damages, as above is said of tire appellor.
VIII. And whereas many persons having right and true title, as well to lands, tenements and rents, as to recover in perional actions, be wrongfully