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fee, reward or profit, for any fuch office or offices, deputation or deputations of any fuch office or offices, or any part of any of them, or who fhall take any promife, agreement, covenant, bond or affurance, for any money, fee, reward or profit to be given for any fuch office or offices, deputation or deputations of any fuch office or offices, or any part of any of them, fhall not only lofe and forfeit all his and their right and eftate which fuch perfon or perfons fhall then have of, in or to fuch office or offices, deputation or deputations, or any part of any of them, 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 person or perfons fhall fo make any fuch bargain or fale, or take or receive any fum of money, fee, reward or profit, or any promife, agreement, covenant, bond or affurance, to have or receive any money, fee, reward or profit; but also, all and every fuch perfon or perfons, who fhall give or pay any fum of money, reward or fee, or fhall make any promife, agreement, covenant, bond or affurance, for any fuch office or offices, or for the deputation or deputations of any fuch office or offices, or any part of any of them, fhall immediately, by and upon the fame fee, money or reward, given or paid, or upon any fuch promife, agreement, covenant, bond or affurance, had or made for any fee, fum of money, or reward, to be paid or given as aforefaid, be adjudged a difabled perfon in the law, to all intents and purposes, to have, exercile or enjoy the faid office or offices, depu tation or deputations, or any part of any of them, for the which fuch perfon or perfons shall so give or pay any fum of money, fee or reward, or make any promife, agreement, covenant, bond, or other affurance, to give or pay any fum of money, fee or reward. And further, That all and every fuch bargains, fales, promifes, agreements, covenants, bonds and affurances, as be before fpecified, fhall be void to and againft him and them, by whom any fuch bargain, fale, promise, agreement, covenant, bond or affurance, shall be had or made.

acts, &c. of offenders,

from office, to be good in law.

II. Provided always, and be it further enacted by the auBut all judgments, thority aforefaid, That if any perfon or perfons do offend prior to their removal in any thing contrary to the tenor and effect of this ftatute, yet notwithstanding all judgments given, and all other act and acts executed or done by any fuch perfon or perions fo offending, by authority or colour of the office or deputation, which ought to be forfeited or not occupied, or not enjoyed by the perfon fo offending as aforefaid, after the faid offence fo by fuch perfon committed or done, and before fuch perfon fo offending, for the fame offence be removed from the exercise, adminiftration and occupation of the faid office or deputation, fhall be and remain good and fufficient in law, to all intents, conftructions and purposes, in fuch like manner and form as the fame fhould or ought to have remained and been, if this ftatute had not been made.

CHAP. XVII.

An ACT for preventing and punishing Perjury and Subornation of Perjury, and for compelling the Attendance of Witnesses. Paffed 7th February, 1788.

I. ВЕ

Eit enacted by the people of the fate of New-York, reprefented in senate and affembly, and it is hereby enalted by the authority of the fame, That all and every perfon and perfons, who fhall unlawfully and corruptly

Procure or fubom any witness or wineffes, by letters, rewards, promifes; menaces, threats, or by any other finifter or unlawful labour or means whatfoever, to commit any wilful and corrupt perjury in any matter or cause, whatsoever now depending, or which hereafter fhall depend in fuit and variance, by any writ, action, Bill, complaint, information or indictment, in any wife touching or concerning any lands, tenements or hereditaments, or any goods, chattels, 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 juflice of the peace, mayor, recorder or alderman, or fhall unlawfully and corruptly procure or fuborn any witnefs or witnefles, who fhall be. fwo to teftify in perpetuam rei memoriam; that then every fuch offender fhall, for his or her faid offence, being thereof lawfully convicted or attainted, lofe and forfeit the fum of one hundred pounds: And if any fuch offender, being fo convicted or attainted as aforefaid, fhall not have any goods or chattels, lands or tenements to the value of one hundred pounds, that then every fuch perfon fo being convicted or attainted of any of the offences aforesaid, fhall, for his faid offence, fuffer imprifonment for the space of fix months, without bail or mainprife, and shall stand upon the pillory the fpace of one whole hour, in fome town or public place in the county or city where the offence, was committed. And further, That no perfon being fo convicted or attainted, fhall thenceforth be received as a witness, to depofe or be fworn in any matter or caufe whatsoever, until the judgment given against him or her fhall be reverfed, by attaint or otherwife.

perjury,

II. And be it further enated by the authority aforesaid, Per fons convicted of That if any perfon, either by the fubornation, unlawful procurement, finifter perfuafion or means of any other, or by his or her own act, confent or agreement, wilfully and corruptly commit any manner of wilful perjury by his or her depofition, in any of the courts aforefaid, or before any perfon or perfons having competent authority to take the fame, and adminifter fuch oath, or on being examined in perpetuam rei memoriam, then he or fhe fo offending, and being thereof duly convicted or attainted, fhall, for his or her faid offence, lofe and forfeit one hundred To forfeit tool, and pounds, and be imprisoned fix months, without bail or mainbe imprifoned fix prife: And fuch perfon fo ofending, from thenceforth fhall not be received as a witnefs, to depofe or be fworn in any matter or caufe whatsoever, until the judgment given against hith or her, fhall be reverfed by attaint or otherwife. And further, If any fuch offender And for want of being fo convicted or attainted as aforefaid, fhall not have goods &c. to be fet on any goods or chattels, lands or tenements, to the value of one hundred pounds, that then every fuch offender fo being convicted or attainted, shall be set on the pillory for the space of one hour, in fome town or public place in the fame county or city where the faid offence fhall be committed.

months.

the pillory.

III. And be it further enacted by the authority aforesaid, That one moiety of the faid forfeiture, fhall be to the ufe of the people of this flate, and the other moiety to fuch perfon or perfons as fhall be grieved, hindered or mo lefted by reafon of any the offence or offences aforefaid, who will fue for the fame, by action of debt, bill, plaint or information, in any court of record. IV. And be it further enacted by the authority aforefaid, That in every information or indictment to be profecuted against any perfon for wilful and corrupt perjury, either at the common law, or upon this act, it fhall be fuffitient to fet forth the fubftance of the offence charged upon the defendant,

and by what court, or before whom the oath was taken (avering fuch court, or perfon or perfons, to have a competent authority to adminifter the fame) together with the proper averment or averments to falfify the matter or mat ters wherein the perjury or perjuries is or are affigned, without fetting forth the bill, anfwer, information, indictment, declaration, or any part of any record or proceedings, either in law or equity, other than as aforefaid, and without fetting forth the commiffion or authority of the court, or perfon or perfons before whom the perjury was committed; any law, ufage or cuftom to the contrary notwithstanding.

V. And be it further enacted by the authority aforesaid, That in every information or indictment for fubornation 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 fhall be fufficient to fet forth the fubflance of the offence charged upon the defendant, without fetting forth the bill, anfwer, information, indictment, declaration, or any part of any record or proceedings, either in law or equity, and without fetting forth the commition or authority of the court, or perfon or perfons before whom the perJury was committed, or was agreed or promifed to be committed; any law, ufage or cuftom to the contrary notwithstanding.

VL And be it further enacted by the authority aforefaid, Courts may direct That it fhall and may be lawful to and for any of the juftices witnelles to be, prole cuted for perjury, &c. Of the fupreme court, either at the fupreme court, or any of the circuit courts, or juftices afligned to hear and determine, or juftices of gaol delivery, and they are hereby authorised, fetting the court, or within twenty-four hours after, to direct any perfon examined as a witness upon any trial before him or them, to be profecuted for the faid offence of perjury, in cafe there hall appear to him or them a reasonable caufe for fuch profecution, and that it fhall appear to him or them proper fo to do; and to affign the party injured, or other perfon undertaking fuch profecution, counfel, who, fhall and are hereby required to do their duty without any fee, gratuity or reward for the fame; and every fuch profecution fo directed as aforefaid, fhall be carried on without payment of any fees in court, or to any officer of the court, who might otherwife claim or demand the fame; and the clerk, or other proper officer who shall be attending when fuch profecution is directed, fhall, and is hereby required, without any fee or reward, to give the party injured, or other perfon undertaking fuch profecution, a certificate of the fame being directed, together with the names of the counfel affigned him by the court; which certificate fhall, in all cafes, be deemed fufficient proof of fuch profecution having been directed as aforefaid: But that no fuch direction or certificate fhall be given in evidence upon any trial to be had against any perfon, upon a profecution fo directed as aforefaid.

grieved.

VII. And be it further enated by the authority aforesaid, A witnefs being fab That if any perfon upon whom any process out of any of penaed, not appear ng, forfelts 201. and the courts of record within this fate, fhall be ferved to damages, to the party teflify or depofe conceming any caufe or matter depending in any of the fame courts, and having tendered to him or her, according to his or her degree or calling, fuch reafonable fums of mo ney for his or her cofts and charges, as, having regard to the diftance of the place, is necefiary to be allowed in that behalf, do not appear according to the tenor of the faid process, not having a lawful and reafonable let or impeSee rath feff. eh. 28. diment to the contrary; then the perfon making default, fhall lofe and forfeit, for every fuch affence, the fum of

Lec. 5

twenty pounds, and fhall yield further recompence to the party grieved, according to the lofs and hindrance which the party who procured the faid proces fhall fuftain, by reafon of the non-appearance of fuch witness; the faid feveral fums to be recovered by the party fo grieved, againft the offender, by action or debt, bill, plaint or information, in any court of record, with colts of fuit.

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An ACT for preventing and punishing Champerty and Maintenance. Pafled 7th February, 1788. Eit enacted by the people of the fate of New-York, reprefented in fenate

D

No officer or other

others to have part of

and hereby chided by

no officer, or any other perfon, fhall take upon him any pet fan to profecute for buline's that is or may be in fuit in any court, for to have the thing in demand, part of the thing in plea or demand; and no perfon upon any fuch covenant or agreement, fhall give up his right to another; and if any do, fuch coveyance, covenant and agreement fhall be void. And further, That all and every perfon and perfons who fhall 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, fhall be punished by fine or imprisonment. But this act fhall not prohibit any perfon to have counfel of pleaders, or men learned in the law, for his fee, or of his parents and next friends.

minifterial, taking

II. And be it further enacted by the authority aforesaid, That neither the chancellor, the juftices of the fupreme court, the prefident 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 fhall take or receive any land or tenements in fee, by gift thing is in plea, or any reward, fubject or by purchase, or to farm, or by champerty, or otherto fine and imprison wife, fo long as the thing is in plea in any court, nor fhail take any reward thereof; and he who doth the contrary, either by himself or by any other, or makes any bargain concerning the fame, fhall be punished by fine or imprisonment, as well he that purchafeth, as he that doth fell.

nient.

III. And it is hereby declared by the authority aforefaid, That all fuch as confederate or bind themselves by oath, covenant, agreement, or other alliance, that every of them fhall aid and bear the other, falfely and maliciously to indict or caufe to be indicted, any perfon or perfons, or falfely to move or maintain any plea or fuit, and fuch as malicioufly caufe children within age to appeal men of felony, whereby they are imprifoned and grieved, as fuch 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 confpirators. And fuch as move pleas and fuits, or cause them to be moved, either by their own procurement or by others, and fue them at their own proper cofts, for to have part of the land or thing in variance, controverfy or demand, or part of the gains, are properly to be called cham pertors.

IV. And be it further enacted by the authority aforefaid, That whofoever will complain of confpirators, inventors and maintainers of falfe 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 anfwer unto the plaintifs, by a writ out of the chancery, in form following:

HE people of the ftate of New-York, To the fherif, greeting: We

his complaint, then put by gage and fafe pledges Ċ of D. that he be before us, on the third Tueiday of January next, wherefoever we fhall then be, to answer the aforesaid A. of a plea of confpiracy and trespass, according to our ordinance thereof lately provided, as the fame A. can reasonably fhew 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 perfon fhall profecute by bill without writ, the court fhall do right to the plaintiff without delay.

out of the

where they refide, if

V. And be it further enacted by the authority aforefaid, That no perfon whofoever, great or fmall, either by himself or by any other, by fending letters or otherwife, fhall take upon him to maintain quarrels, other than his own, nor parties in the country or elfewhere, to the let and difturbance of law, upon pain of being punished by fine or imprisonment, and to lofe his office, if he be an officer. VI. And be it further enacted by the authority aforefaid, Perfons maliciously That every citizen of this flate, who fall maliciously be indicted, or appealed County indicted or appealed of or for any treafon, felony or trefacquitted, to recover pafs, by any indictment or appeal before the juftices of the treble damages. fupreme court, or before juttices affigned to hear and determine, or before juftices of the peace, or before any other having power to take fuch indictinents or appeals, and who fhall be then dwelling in any other county than where fuch indictment or appeal fhall be taken, and who fhall afterwards be duly acquitted thereof by verdict, fhall, after fuch acquittal, have a writ and action upon his cafe, againft every procurer of fuch indictment or appeal, and like procefs fhall be upon and in the fame writ, as in a writ of trefpafs done with force and arms; and if fuch procurer be convicted in this behalf, the plaintiff fhall recover his treble damages.

appeals, to be punish

VII. And be it further enabled by the authority aforefaid, Procurors of falle That if any perfon or perfons, through malice, intending ed by fine and impri- to grieve another, do procure falfe 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 fuit of the appellor, or at the fuit of the people of this ftate, the juftices before whom the appeal fhall be heard and determined, fhall punish the appellor by fine or imprisonment; and the appellor fhall also restore to the party appealed, his or her damages, according to the difcretion of the juftices, having refpect to the imprisonment or arreitment that the party ap-. pealed hath fuftained, by reafon of fuch appeal, and to the infamy he or fe hath incurred by the imprisonment or otherwife. And if fuch appellor be not able to recompence the damages, it shall be enquired by whofe abetment or malice the appeal was commenced, if the party appealed defire it; and if it be found by the fame inqueft, that any perion is abettor, through malice, he shall be diftrained by a judicial writ, at the fuit of the party appealed, to come before the juflices, and if he be lawfully convicted of fuch inalicious abetment, he fhall be punished by fine or imprisonment, and refiitution of the damages, as above is faid of the appellor.

VIII. And whereas many perfons having right and true title, as well to lands, tenements and rents, as to recover in perfonal actions, be wrongfully

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