Perfons buying or lling pretended rights or titles to lands, to forfeit the prevented or delayed of their right and action, by means that the occupiers or defendants, in order to be maintained and sustained in their wrong, da make gifts and conveyances of their lands and tenements, which be in debate, and of their goods and chattels, to others; Therefore, ise it further enacted by the authority afrejaid, That all fuch gifts and conveyances o made or to be made, by fraud or for maintenance, fhall be void, and holden for none. IX. And be it farther enacted by the authority aforefaid, That no perfon or perfons thall from henceforth bargain, buy, fell or convey, or by any ways or means obtain, get value of the lands. or procure any pretended rights or titles, or make or take any promife, grant or covenant, to have any right or title of any perfon or perfons, in or to any manors, lands, tenements or hereditaments, unleis fuch perfon or perfons who fhall fo bargain, fell, grant of convey, or covenant, or promife the fame, or their ancestors, or those by whom he, fhe or they claim the fame, have been in the poffeffion of the fame, or of the reverfion or remainder thereof, or taken the rents or profits thereof, by the space of one whole year next before the faid bargain, fale, grant; conveyance, covenant or promife made, upon pain that he or she who fhall make any fuch bargain, fale, grant, conveyance, tovenant or promife, fhall forfeit the whole value of the lands, tenements or hereditaments, fo bargained, fold, granted, conveyed, covenanted or promifed, contrary to the form of this act; and the buyer or taker thereof, knowing the fame, fhall alfo forfeit the value of the faid lands, tenements of hereditaments, fo by him bought or taken as aforefaid: the one half of the faid forfeitures to be to the ufe of the people of this ftate, and the other half to the party that will fue for the fame, in any court of record, by action of debt, bill, plaint or information: Provided always, That it fhall be lawful for any perfon or perfons, being in lawful poffeffion, by taking of the yearly farm rents, or profits of or for any manors, lands, tenements or hereditaments, to buy, obtail, get or liave, by any reasonable ways or means, the pretended right or title of any other perfon or perfons, to, of, or in fuch manors, lands, tenements or hereditaments, whereof he or they fhall be fo in lawful poffeffion. X. And be it further enacted by the authority aforesaid, "That no person or perfons do hereafter unlawfully maintain, or caufe or procure any unlawful maintenance, in any matter or caufe whatsoever now depending, or which hereafter fhall depend in suit 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, debts, damages or offences, in any court in this ftate, or before any perfon or perfons, who have, or hereafter fhall have authority; by commillion, patent, writ or otherwife, to examine, hear or determine any matter or witneffes concerning the fame; and that no perfon or perfons do hereafter unlawfully retain, for maintenance of any fuit or plea, any perfon or perfons, or embrace any freeholders or jurors, by letters, rewards, promifes, or any other finifter labour or means, to maintain any matter or caufe, or to the hindrance or disturbance of justice, or to the procurement or occafion of any falfe verdict, in any of the courts aforefaid, upon pain to forfeit, for every fuch offence, one hundred pounds; the one moiety thereof to the ufe of the people of this ftate, and the other moiety thereof to him who will fue for the fame, by action of debt, bill, plaint or information, in any court of record. CHA P. XIX. An ACT for the Prevention and Punishment of Extor ion. Paffed 7th February, 1788. Eit enacted by the people of the flue of New-York, reprefented in fenate and affemily, and it is hereby enacted by the authority of the fume, That no judge, juftice, fheriff, or other officer whatfoever, minifterial or judicial, Thall receive or take any fee or reward to do his office, but fuch as is or fhall be allowed by the laws of this flate; and if any doth, he fhall refore to the party grieved, double damages. And further, That if any judge, juftice, heriff, or other officer aforelaid, hath received or taken, or fhall receive or take, by colour of his office, any fee or reward whatfoever, not allowed by the laws of this ftate, for doing his office, and be thereof convicted, either at the fuit of the party grieved, in any court of record, or at the fait of the people of this ftate, in the fupreme court, or before juftices of gaol delivery, or before juftices affigned to hear and determine, or in any court of general feffions of the peace, he shall be punished by fine or imprifonment, or both, according to the difcretion of the court, in which fuch conviction shall be had. Perfons forging, al tering or counterfeit ing, or caning to be forged, altered or counterfeited, any re CHAP. XX. An ACT for preventing and puninishing Forgery and Counterfeiling. Pafled 7th February, 1788. 1. BE it enacted by the people of the flate of New York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That if any person fhall falfely make, alter, forge, or counterfeit, or caufe or procure to be fallely made, altered, forged, or counterfeited, or willingly act or affift in the falfe making, altering, forging or counterfeiting any record, charter, deed, cord, charter, deed, or writing fealed, will, teftament, &c. or acting or af fiting therein. bond, writing-obligatory, bill of exchange, promiflory note for payment of money, endorsement, or afligninent of any bill of exchange, or promiflory note for payment of money, or any acquittance or receipt, either for money or goods, or any acceptance of any bill of exchange, or the number, or principal fum of any accountable receipt for any note, bill or other fecurity for payment of money, or any warrant or order for payment of money, or delivery of goods, with intention to defraud any perfon, or body politic or corporate whatsoever, or Or uttering or pub- fhall utter or publifh as true, any falfe, altered, forged or Jishing, as true, any falle, altered, forged counterfeited record, charter, deed, or writing fealed, will, or counterfeited bond, teftament, bond, writing obligatory, bill of exchange, promiflory note for payment of money,, endorsement or af fignment of any bill of exchange, or promiflory note for payment of money, acquittance or receipt, either for money or goods, or any acceptance of any bill of exchange, or the number, or principal fum of any accountable receipt, for any note, bill or other fecurity for the payment of money, or any warrant or order for the payment of money, or delivery of goods, with intention to defraud any perfon, or body politic or corporate whatsoever, knowing the fame to be falfe, altered, forged or counterfeited; then every fuch perfon being thereof convicted, according to the due courfe of law, fhall be deemed guilty of felony, and fhall fuffer death as a felon. F Perfons counterfeit inting in counterfeit II. And be it further enacted by the authority aforesaid, ing, or caufing to be counterfeited, or af- That if any perfon fhall counterfeit, or caufe or procure to ing public fecurities be counterfeited, or act or affift in counterfeiting, any certior bills of credit. ficate or other public fecurity iffued, or to be iffued by the authority of the United States in congrefs affembled, or by the authority of the legislature of this ftate, for payment of money, or acknowledging the receipt of money or goods, or any bill of credit emitted or illued, or hereafter to be emitted or iffued by or under the authority of the United States in congrefs affembled, or by or under the authority of the legillature of this flate, or by or under the authority of the legislature of any other of the United States of America; or fhall alter any certificate iffued or to be iffued as aforefaid, or any bill of credit emitted or iffued, or to be emitted or iffued as aforefaid, fo that the fame fhall appear to be of greater value than the fame was or fhall be iffued or emitted for, or intended to pass for by the law, refolution or act, in pursuance of which the fame was or shall be iflued or emitted; or fhall utter, pafs or give in payment, Or uttering, paffing or offer to pass or give in payment, or procure to be utany fich counterfeit tered, paffed or given in payment, any fuch counterfeited cate or bill, fhall be or altered certificate, or bill of credit, knowing the fame to deemed guilty of te be counterfeited or altered, then every fuch perfon, being lony, and fuffer death. thereof convicted, according to due courfe of law, fhall be deemed guilty of felony, and fhall fuffer death as a felon. or giving in payment, ed or altered certifi III. And whereas it frequently happens, that the perfons who so alter certificates and bills of credit, with respect to their denomination, do at the fame time alter the fame as to the numbering or indenting thereof, and alfo in other refpects, in fo much that it is in fome cafes extremely difficult, and in others impoffible to difcover, from the checks or other memorandums remaining in the public offices, the fum for which the certificate or bill of credit fo altered, originally iflued; Therefore, Be it further enacted by the authority aforefaid, That in all cafes where any fuch certifiCertificates or bills cate or bill of credit fhall be charged to have been altered, altered, to be prefumed to be altered from and they fhall appear to have been altered, the fame fhall be lue until proved other prefumed to have been altered from a lefs to a greater vawife by the defendant. lue, fum or denomination, and the burthen of proving that the certificate or bill of credit charged to have been altered, was not altered from a lefs to a greater fum, fhall lie on the defendant charged with altering the fame. a lefs to a greater va ing, or caufing to be palling, or offering to IV. And be it further enailed by the authority aforefaid, Perfons counterfeit. That if any perfon fhall counterfeit, or caufe or procure to counterfeited, any be counterfeited, or act or affift in counterfeiting, any of guld or filver coins, or the fpecies of gold or filver coins, now current or hereafpats the fame, to fuf- ter to be current in this ftate, or fhall pass or give in payment, or offer to pass or give in payment, any fuch counterfeit, knowing the fame to be counterfeit; then every fuch perfon, being thereof convicted, according to the due courfe of law, fhall be deemed guilty of felony, and shall suffer death as a felon. fer death. V. And be it further enacted by the authority aforefaid, That all other acts and claufes of acts heretofore made, concerning forgery and counterfeiting, or the punishment thereof, fhall be, and hereby are repealed, except as to offences heretofore committed. CHA P. XXI. An ACT making it Felony in fuch who fhall levy any Fine, fuffer any Recovery, or acknowledge any Deed, Recognizance, Bail or Judgment in the Name of another, not being privy and confenting thereto. Paffed 7th February, 1788. 1.DE it enacted by the people of the fate of New-York, reprefented in fenate Bandagembly, and it is hereby enacted by the authority of the jame, That all and every perfon and perfons, who shall acknowledge or procure to be acknowledged, any fine or fines, recovery or recoveries, deed or deeds, recognizance or recognizances, bail or bails, judgment or judgments, in the name or names of any other perfon or perfons not privy or confenting to the fame, and all and every perfon and perfons who fhall, before any perfon or perfons authorised to take bail or bails, represent or perfonate any other perfon or perfons, whereby the perfon or perfons fo reprefented or perfonated, may be liable to the payment of any fum or fums of money, for debt or damages, to be recovered in the fame fuit or action wherein the person or perfons are reprefented or perfonated, as if he or they had really ackowledged and entered into the fame bail or bails, being lawfully convicted or attainted thereof, fhall be adjudged guilty of felony. II. Provided always, and be it further enacted by the authority aforefaid, That this act fhall not extend to any judgment or judgments acknowledged by any attorney or attomies of record, for any other perfon or perfons, against whom any fuch judgment or judgments fhall be had or given. An ACT to prevent flealing and avoiding Records. E it enailed by the people of the state of New-York, reprefented in fenate That if any record or parcel of the fame, writ, return, panel, process, or other proceeding in the court of chancery, fupreme court, exchequer, or in any other court of record, or in the office of the fecretary of this ftate, or in the office of the clerk of any city or county in this ftate, hath been or hereafter shall be stolen, or willingly taken away, withdrawn or avoided, by any clerk, or by any other perfon, by reafon whereof any judgment fhall be reverfed, then every fuch ftealer, taker-away, with-drawer or avoider, their procurers, counsellors and abettors, being convicted or attainted thereof, according to the due courfe of law, fhall be adjudged guilty of felony. II. Provided always, and be it further enacted by the authority aforesaid, That this act shall not extend to any amendment or entry made or to be made by any rule, order, judgment or decree of any court. CHAP. XXIII. Au ACT declaring it to be Felony in Servants to embezzle their Master's Goods. Paffed 7th February, 1788. I. E it enated by the peopleof the fate of New-York, represented in fenate That if any fervant to whom any money, goods or chattels heretofore have been, or hereafter fhall be, by his or her mafter or miftres, delivered to be fafely kept, hath withdrawn himself or herself, from his or her faid mafter or mittress, and gone away, or hereafter fhall withdraw himself or herself from his or her faid mafter or mistress, and go away with the faid money, goods or chattels, or any part thereof, to the intent to fteal the fame, and defraud his or her faid matter or miftrefs thereof, contrary to the truft and confidence in him or her repofed, by his or her faid mafter or miftrefs; or being in the fervice of his or her faid mafter or mistress, without affent or commandment of his or her faid mafter or mistress, hath embezzled, or fhall embezzle the fame money, goods or chattels, or any part thereof, or otherwife hath converted, or fhall convert the fame to his or her own use, with like purpofe to fteal the fame, then, and in every fuch cafe, if the faid money, goods or chattels, that any fuch fervant hath gone away with, or fhall go away with, or which fuch fervant hath embezzled or fhall embezzle, with purpofe to fieal the fame as aforefaid, be of the value of twenty fhillings, or above; the fame falfe, fraudulent and untrue act or demeanor, fhall be adjudged felony. Bur this act fhall not extend to any apprentice, nor to any perfon within the age of eighteen years, going away with the goods or chattels of his or her mafter or mittreis, or otherwife converting the fame to his or her own ufe, during the time of his or her apprenticeship, or being within the age of eighteen years; and every apprentice, and every other perfon under the age of eighteen years, doing or offending contrary to this act, fhall fland, and be in like cafe as if this act had not been made. CHA P. XXIV. An ACT to refrain all Perfons from marrying, until their former Wives and former Hufbands be dead. BE Paffed 7th February, 1788. Eit enaded 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 perfon or perfons being married, or who hereafter fhall marry, do at any time marry any perfon or perfons, the former husband or wife being alive, then every fuch offence fhall be felony; and the party and parties fo offending, fhall receive fuch and the like proceedings, trial, judgment and execution, in the county where fuch perfon or perfons fhall be apprehended, as if the offence had been committed in the fame county where fuch perfon or perfons shall be taken or apprehended; but neither this act, nor any thing therein contained, fhall extend to any perfon or perfons whofe husband or wife fhall be continually remaining without the United States of America, by the space of five years together, or whofe hufband or wife fhall have abfented him or herself the one from the other by the fpace of five years together, the one of them not knowing the other to be living within that time; nor to any perfon or perfons who are, or fhall be, at the time of fuch marriage, divorced by the fentence or decree of any court having cognizance thereof; nor to any perfon or perfons where the former marriage hath been or fall be, by the fentence or decree of any fuch court, declared to be void and of no effect; nor to any perfon or perfons for or by reafon of any former marriage had or made, or to be had or made within the age of confent, |