BE CHAP. XXV. An ACT to prevent malicious Maiming and Wounding. Pafled 7th February, 1788, È 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 fume, That if any perion or perfons fhall, on purpose, and of malice aforethought, cut out the tongue, or put out the eyes of any other perfon; or if any per- . fon or perfons fhall, on purpose, and of malice aforethought, and by lying in wait, unlawfully cut out or difable the tongue, put out an eye, flit the nofe or lip, or cut off the nofe or lip, or cut off or difable any limb or member of any other perfon, with intention, in fo doing, to murder or kill, or to maim, or disfigure, in any the manners aforefaid, fuch other perfon; every fuch offence fhall be deemed and adjudged felony; and every perfon or perfons fo offending, and every perfon and perfons who fhall aid, abet, affift, counfel, hire or command, any perfon or perfons to commit any of the faid offences, being thereof convicted or attainted, fhall be, and her by are declared to be felons, and shall suffer death for the fame. BE CHA P. XXVI. An ACT concerning Prifoners breaking Prifon. Paffed 7th February, 1788. E it enaded by the people of the fate of New-York, reprefented in fenate and affembly, and is hereby enacted by the authority of the jame, That no perfon from henceforth, who, being imprisoned, shall break prison, shall have judgment of life or member, for breaking of prifon only, except the caufe for which fuch prifoner was taken and imprisoned, did require fuch judgment, if he had been convicted thereupon, according to the law and cuftom of this flate. + CHA P. XXVIII. An ACT requiring all Perfons holding Offices or Places under the G vernment of this Stute, to take the Oaths therein mentioned. Pafied 8th February, 1788. 1. BE it enacted by the people of the flate of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the fame, That every perfon who fhall hereafter be elected a member of the fenate of this ftate, and every perfon who fhall hereafter be elected a member of the affembly of this flate, before he takes his feat, and every perfon who fhail hereafter be elected governor, or Feutenant-governor of this flate, and every perfon who fhall hereafter be appointed a delegate to reprefent this flate in the congrels of the United States, and every perfon who fhall hereafter be appointed to any office, civil or military, before he enters upon the execution of his truft, place or office, fhall and hereby is required to take and fubfcribe the following oath; that is to fay, I do folemnly, without any mental refervation or equivocation whatsoever, fwear and declare, That I renounce and abjure all allegiance and fubjection to all and every foreign king, prince, porentate and fate, in all matters ecclefiaftical as well as civil; and that I will bear faith and true allegiance to the fate of New-York, as a free and independent flate. II. And be it further enacted by the authority aforefaid, That every perfon who fhall hereafter be elected governor or lieutenant-governor of this ftate, and every prefident of the fenate, who fhall at any time adminifter the government of this state, shall also, before he enters upon the execution of his trufi, place or office, take the following oath of office, to wit: I elected governor, lieutenant-governor or prefident of the fenate (as the cafe may be) of the state of New-York, do folemnly fwear and declare, That I will, in all things, to the beft of my knowledge and ability, faithfully perform the truft repofed in me as governor, lieutenantgovernor, or prefident of the fenate (as the cafe may be) of the flate of NewYork, by executing the laws and maintaining the peace, freedom and independence of the faid ftate, in conformity to the powers delegated unto me by the constitution of the faid ftate. III. And be it further enacted by the authority aforesaid, That the prefident of the court for the trial of impeachments, and the correction of errors, and every member of the faid court, and all judicial officers in this flate, hereafter to be elected or appointed, shall alfo, before they enter upon the execution of their respective offices, feverally take and fubfcribe the following oath, to wit: I do folemnly fwear and declare, That I will, to the best of my knowledge and ability, execute the office of (here defcribe the office) according to the conftitution and laws of the ftate of New-York, in defence of the freedom and independence thereof, and for the maintenance of liberty, and the distribution of justice among the citizens and inhabitants of the faid ftate, without any fear, favour, partiality, affection, or hope of reward. IV. And be it further enacted by the authority a orefald, That every perfon who shall hereafter be appointed fecretary of this flate, fhall alfo, before he enters upon the execution of his office, take and subscribe the following oath, to wit: I evil, iry all things, according to the beft fecretary of the state of New-York, do folemnly fwear and declare declare, That I will, in all things, according to the beft of my knowledge and ability, justly and honeftly keep the records, parchments, papers, and inftruments of writing, committed unto me, and which fhall be, from time to time hereafter committed unto me, by virtue of my faid office, and in all things, to the beft of my knowledge and underflanding, faithfully and honeftly perform the duty of my faid office of fecretary, and the truft repofed in me, without favour or partiality. V. And be it further enacted by the authority aforefid, That every perfon who fhall hereafter be appointed fheriff or coroner of the city and county of New-York, or Albany, or of any other county in this ftate, and the chief marhal of the city of Hudfon, and all and every of their deputies refpectively, fhall alfo, before he, they or any of them fhall enter upon the execu tion of the faid office, take the following oath, to wit: I fheriff (or coroner, or chief marfbal, or deputy marfhal, or under freriff, or one of the deputies of the fheriff, as the cafe may be) of the city and county of New-York, (or Albany, or Hudfon, or, of the counas the cafe may be) do folemnly fwear and declare, That I will well and truly ferve the people of the fate of New-York, in the office ty of of sheriff (or coroner, or chief marshal, or deputy marshal, or under fo riff, or one of the deputies of the fheriff, as the cafe may be) of the faid county (or city and county, or city, as the cafe may be) during my continuance therein; and will faithfully and truly execute, or caufe to be executed (the words, or caufe to be executed, to be omitted in the oath to be administered to an under sheriff, or deputy fheriff, or deputy marfhal) all writs and precepts which shall be delivered to me, or come to and remain in my hands for that purpose, according to the best of my knowledge, skill and judgment; and that I will not corruptly or unjustly ufe or exercife the faid office, during the time that I fhall remain therein; neither will I, directly or indirectly, accept, receive or take, by any colour, means or device whatfoever, or confent to the taking any manner of fee or reward whatsoever, of or from any perfon or perfons whomfoever, for the fummoning, impaneling or returning of any inqueft, jury or tales, in any court, for the people of this ftate, or between party and party, other than fuch fees or reward as now are, or hereafter shall be allowed by law for the fame; and that I will not, directly or indirectly, exact or demand, any manner of fee or reward whatfoever, from any perfon or perfons whomfoever, for ferving or returning of any writ, precept or process whatfoever, or for any other fervice whatfoever, in my faid office, other than fuch fees or reward as now are, or hereafter fhall be allowed for the fame by law; but that I will demean myself honeftly and impartially in all things that fhall belong to the duty of my faid office, according to the beft of my knowledge, skill and ability. VI. And be it further enacled by the authority aforefaid, That every perfon who shall hereafter be appointed regiller, or clerk of any court, or clerk of any city or county in this ftate, fhall alfo, before he enters upon the execution of his office, take the following oath, to wit: I (or clerk of the county of , regifter (or clerk, or one of the clerks) of the court of or of the city of as the cafe may be) do folemnly fwear and declare, That I will justly and honefly keep the records, parchments papers and writings committed to me, by virtue of my faid office, and which fhall be from time to time hereafter committed unto me, and in all things, to the best of my knowledge and understanding, faithfully and honeftly perform the duty of my faid office, and the truft repofed in me, without favour or partiality. VII. And be it further enacted by the authority aforefaid, That all other minifterial officers hereafter to be appointed, fhall alfo, before they refpectively enter upon the execution of their refpective offices, feverally take and fubfcribe the following oath, to wit: I , appointed to the office of (here infert the officer's title of office) do folemnly promife and fwear, That I will in all things, to the beft of my knowledge and ability, faithfully perform the truft repofed in me. VIII. And be it further enacted by the authority aforesaid, That the faid oaths fhall be taken and fubfcribed before fuch perfon or perfons as thall be appointed by commiffion for that purpose, under the great feal of this flate, in nature of a dedimus poteftatem, who fhall take fuch fubfcriptions on a roll or rolls, to be provided for that purpofe, containing a proper caption or captions, with the faid oaths written at length thereon, and fubfcribed with the proper names and hand-writing of the feveral perfon and perfons taking fuck refpective oaths: which rolls fhall be difpofed of as follows, to wit: Thofe containing the oaths and fubfcriptions of any governor, lieutenant gover nor, prefident of the fenate, member of the senate or affembly, chancellor, judge of the fupreme court, judge of the court of admiralty, judge of the court of probates, or any officer of either of the faid courts, or attorneygeneral, or fecretary of this ftate, or military officer whofe office fhall extend into more than one county, fhall be depofited and kept in the office of the fecretary of this ftate; and those containing the oaths and fubfcriptions of the refpective county officers, both civil and military, fhall be depofited and kept in the office of the clerk of the fame county. IX. Provided always, and be it further enacted by the authority aforesaid, That this act fhall not extend to any county treasurer, fupervifor, townclerk, commiffioner of the highway, affeffor, collector, conftable or other town officer. CHAP. XXX. An ACT to take out of Circulation the Bills of Credit emitted by Law, and to emit others as a Subffitute. Patled 8th February, 1788. # 9th Seff. Ch. 40. WHEREAS, by virtue of an act of the legiflature of this ftate, entitled, An act for emitting the fum of two hundred thousand pounds in bills of credit, for the purposes therein mentioned, paffed the eighteenth day of April, one thoufand feven hundred and eighty-fix, bills of credit to the amount of two hundred thousand pounds, were emitted: And whereas counterfeits of the faid bills have been made, and have been paffed as true bills, to the great injury of the good people of this ftate; Therefore, 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 fame, That bills of credit, to the amount, and of the feveral denominations of the bills fpecified in the first fection of the act herein before recited, and fill remaining in circulation, be made forthwith after the paffing of this act; and that upon every of the faid bills fhall be impreffed the arms of the state of New-York, and the words following, to wit: BY a law of the state of New-York, this bill fhall be received in all pay ments into the treasury, for New-York, the one thousand feven hundred and eighty-eight. day of And alfo the words, It is death to counterfeit this bill, together with fuch other words and devices as the treafurer of this ftate for the time being, and Daniel M'Cormick, John De Peyfter, Nicholas Hoffinan and Hendrick Wyckoff, or any three of them, fhall direct; which bills, when fo impreffed, fhall be numbered by Daniel M'Cormick, Hendrick Wyckoff, John De Peyfter and Nicholas Hoffman, or any of them, and figned by any two of them; and when figned, fhall, by the perfons hereby appointed figners thereof, or any of them, be delivered unto the faid treasurer, who fhall give duplicate receipts for the fame, one of which shall be delivered by the faid figners, or any one of them, to the legislature of this ftate, whenever the fame fhall be required. II. And be it further enalled by the authority aforefaid, That the faid treasurer, and the faid Daniel M'Cormick, Hendrick Wyckoff, John De Peyiter and Nicholas Houlinan, or any three of them, fhall, and they are hereby authorised to employ fuch and fo many engravers as they fhall deem proper, to engrave fuch and fo many plates for the faid bills as they may judge necelfary, and fhall direct with what types the words to be printed on the faid bills fhall be impreffed thereon, and fhall procure fuch paper for the faid bills, as in their judgment fhall be beft adapted to the purpole, and fhall employ fuch printer to print the faid bills, as they may think proper; which printer fhall perform the printing under fuch infpection, and agreeably to fuch direc tions as they fhall, from time to time, give and order: And further, That they the faid Daniel M'Cormick, Hendrick Wyckoff, John De Peyfler and Nicholas Hoffinan, and every perfon by them or any of them employed in engraving the plates, or printing the bills, or to infpect the printer, whilst the fame bills are flriking off, fhall, before they refpectively enter on the buíinets affigned them, take and fubfcribe, before one of the juftices of the fupreme court, or the mayor or recorder of the city of New-York, an oath, well and truly to execute the truft reposed in them, by and in pursuance of this act. III. And be it further enacted by the authority aforefaid, That if any more of the faid bills fhall be printed than is directed by this act, then the faid Daniel M'Cormick, Hendrick Wyckoff, John De Peytter and Nicholas Hoffman, or any two of them, as foon as the number of bills of each denomination to be made as aforefaid, fhall be figned and delivered to the faid treasurer, fhall imnediately, and in the prefence of the faid treafürer, deltroy fuch fupernumerary bills, and the plates by which the bills were ftruck off fhall be melted down, or otherwife deftroyed in the prefence of the faid treafurer, and of the faid Daniel M'Cormick, Hendrick Wyckoff, John De Peyfter and Nicholas Hoffman, or any two of them. IV. And be it further enacted by the authority aforesaid, That as foon as the faid treasurer fhall have received from the faid figners, to the amount of thirty thousand pounds of the faid new bills, he fhail caule advertisements to be published in two of the news-papers printed in the city of New-York, and in each of the public news-papers printed in the other cities and counties within this ftate, requiring the holders of any of the bills of credit emitted by virtue of the faid recited act, to bring the fame into the treafury, and notifying that he will give in exchange for the fame, bills of credit of equal value, emitted by virtue of this act. V. And be it further enacted by the authority aforefaid, That the bills of credit to be emitted by virtue of this act, fhall pass and be receivable in all cafes, in like manner as the bills of credit emitted by the faid herein before recited act, were thereby enacted to be receivable and taken. VI. And be it further enacted by the authority aforefaid, That all the bills of credit which the faid treasurer fhall receive in exchange as aforefaid, fhall be by him, from time to time, deftroyed in the manner directed by the fortyninth fection of the faid recited act, in the pretence of the faid Daniel M'Cormick, Hendrick Wyckoff, John De Peyfter and Nicholas Hoffinan, or any two of them; but the faid treasurer fhall, on the first Monday of November next enfuing the paffing of this act, and annually on the firft Monday of November in each year following, previous to the deftroying of the laid bills, deliver unto the perions hereby nominated as figners of the bills to be emitted by virtue of this act, two feparate accounts, fubfcribed by himself, of the amount and denomination of the bills fo by him to be at that time Vol. II. G |