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respective courts of record fhail and may, after fuch prorogation or adjournment as aforesaid, proceed to give judgment, or to make final orders, decrees and fentences, and award execution thereupon, as fuch court may now lawfully do against other perfons, liable to be arrested and imprisoned; any law, ufage or cuftom to the contrary thereof notwithstanding. Provided always, That no member of the legiflature, or his fervant or fervants, fhall be liable to arreft, on any civil procefs, while coming to, or returning from the place where the legislature fhall fit, to the place of fuch member's refidence, but fuch time of coming or returning, fhall not exceed fourteen days.

II. And be it further enacted by the authority oforefaid, Plaintiff's delayed by That where any plaintiff or plaintiffs fhall, by reafon or privilege, not to be barred by statute of occafion of any privilege of either house of the legiflature, limitations. be flayed or prevented from profecuting any fuit by him, her or them commenced, fuch plaintiff or plaintiffs fhall not be barred by any ftatute of limitation, or nonfuited, difmiffed, nor his, her or their fuit difcontinued for want of profecution of the fuit, by him, her or them begun; but may, after the time aforefaid, be at liberty to proceed to judgment and execution thereupon, as aforefaid.

nue, or in any public

III. And whereas it is juft and reasonable, that perfons employed in offices and places of public truft, fhould at all times be accountable for any misdemeanors therein, and the public juftice of the ftate requireth a vigorous profecution of fuch offenders; Therefore, Be it further enacted by the autho rity aforefaid, That any action or fuit fhall and may be Officers in the reve commenced, and profecuted in any court of record in this truit, may be profe- ftate, against any officer or perfon intrusted or employed in cuted for any forfei. ture, or breach of truft, the revenue of this ftate, or any part or branch thereof, or and shall not be al in any other office or place of public truft, for any forfeitlowed privilege, tho members of the legil ure, misdemeanor or breach of truft, of, in or relating to fuch office or place of truft, or any penalty impofed by law to enforce the due execution thereof; and that no such action, fuit, or any other procefs, proceeding, judgment or execution thereupon, although fuch officer or perfon fhall be a member of the fenate or aflembly, fhall be impeached, ftayed or delayed, by or under colour or pretence of any privilege of either house of the legislature.

lature.

W

CHÂ P. XXXV.

An ACT to prevent exceffive and deceitful Gaming.

Paffed 20th February, 1788. HEREAS the laws now in force, for preventing the mischiefs which happen by gaming, having been found infufficient; For remedy

whereof,

bonds, mortgages and

I. Be it enacted by the people of the Rate of New-York, reprefented in fenate and affembly, and it is hereby ended by the authority of the fame, That all notes, bills, bonds, judgments, mortgages, or other fecuriAll notes, bill; ties or conveyances whatfoever, given, granted, drawn or fecurities for money, entered into, or executed by any perfon or perfons whatsoor betting on games, ever, where the whole, or any part of the confideration of fuch notes, bills, bonds, judgments, mortgages, or other fecurities or conveyances, fhall be for any money or other valuable thing or things whatfoever won by gaming or playing at cards, dice, tables, billiards,

&c. won by gaming,

to be void.

tennis, bowls, fhuffle-board, or other game or games whatfoever; or by betting on the fides or hands of fuch as do play at any of the games aforefaid; or for the reimburfing or repaying any money knowingly lent or advanced for fuch gaming or betting as aforefaid, or lent or advanced at the time and place of fuch play, to any perfon or perfons fo gaming or betting as aforefaid; or that fhall, during fuch play, fo play or bet, fhall be utterly void, fruftrate, and of none effect, to all intents and purposes whatsoever; any law or ufage to the contrary thereof in any wife notwithstanding. And that where fuch mortgages, fecurities or other conveyances, fhall be of lands, tenements or hereditaments, or fhall be fuch as incumber or affect the fame, fuch mortgages, fecurities or other conveyances fhall enure, and be to, and for the fole ufe and benefit of, and fhall devolve upon fuch perfon or perfons as fhould or might have, or be entitled to fuch lands, tenements or hereditaments, in cafe the grantor or grantors thereof, or other perfon or perfons fo incumbering the fame, had been naturally dead; and as if fuch mortgages, fecurities or other conveyances, had been made to fuch perfon or perfons, fo to be entitled after the deceafe of the perfon or perfons fo incumbering the fame; and that all grants and conveyances to be made for the preventing of fuch lands, tenements or hereditaments, from coming to or devolving upon fuch perfon or perfons hereby intended to enjoy the fame as aforefaid, fhall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever.

money, ог other

recover the fame by

II. And be it further enacted by the authority aforeleid, Any perfon lofing That any perfon or perfons whatsoever, who fhall, at things to the value of any time or fitting, by playing at cards, dice, tables, billifol. by gaming, may ards, tennis, bowls, fhuffle-board, or other game or fair, from the winner. games whatfoever, or by betting on the fides or hands of fuch as do play at any of the games aforefaid, lofe to any one or more perfon or perfons fo playing or betting, in the whole, the fum of ten pounds in money, or any other thing or things of the value of ten pounds, or in money, and any other thing or things to the amount of ten pounds, lawful money of this ftate, and fhall pay or deliver the fame, or any part thereof, it fhall and may be lawful for the perfon or perfons fo lofing and paying or delivering the fame money and other thing or things, or either of them, within three months next thereafter, to fue for and recover the money or value of the thing or things fo loft and paid, or delivered, or any part thereof, from the refpective winner or winners thereof, with cofts of fuit, by action of debt founded on this act, in any court of record within this ftate, having cognizance of the fame; in which actions it fhall be fufficient for the plaintiff or plaintiffs to alledge in his, her or their declaration, that the defendant or defendants is or are indebted to the plaintiff or plaintiffs, in the monies fo loft and paid, or in the amount or value of the thing or things fo loft and delivered, for fo much money had and received by fuch defendant or defendants, to the plaintiff's ufe, whereby an action hath accrued to the plaintiff or plaintiffs, according to the form of this act, without fetting forth the special matter: And in cafe the perfon or perfons who fhall lofe fuch money, or other thing or things as aforefaid, fhall not, within the time aforefaid, really and bona fide, and without covin or collufion, fue and profecute, with effect, for the money, or other thing or things fo by him or them loft and paid, or delivered as aforefaid, it fhall and may be lawful for any person or perfons, by any fuch action or fuit as aforefaid, to fue for and recover the fame, and treble the amount or value thereof, with cofs of fuit,

against fuch winner or winners as aforefaid; the one moiety of fuch forfeiture, when recovered, to be paid to the overfeers of the poor of the city or town in which fuch offence fhall be committed, and the other moiety to the perfon or perfons who will fue for the fame.

III. And for the better difcovery of the monies, or other thing or things fo won, and to be fued for and recovered as aforefaid; Be it further enacted by the authority aforefaid, That all and every perfon or perfons, who, by virtue of this act, fhail or may be liable to be fued for the fame, shall be obliged and compeliable to answer, upon oath, fuch bill or bills as fhall be exhibited and filed in any court of equity, against him or them, for difcovering the fum and fums of money, or other thing or things fo won at play as aforefaid, contrary to the true intent and meaning of this act. And it fhall and may be lawful for fuch court in which fuch bill fhall be brought, exhibited and filed, to proceed and decree thereupon, and enforce fuch decree or decrees as fhall be made in purfuance thereof, in the fame manner as is practifed and used in other caufes, upon bills and anfwers depending in the courts where fuch bill fhall be fo brought, exhibited and filed.

IV. Provided always, and be it further enacted by the authority aforefaid, That upon the difcovery and re-payment, or re-delivery of the money, or other thing or things fo to be difcovered and repaid, or re-delivered as aforefaid, the perfon or perfons who fhall fo difcover and re-pay, or re deliver the fame as aforefaid, Thall be acquitted, indemnified and difcharged from any further or other punishment, forfeiture or penalty, which he, fhe or they may have incurred by the playing for or winning fuch money, or other thing or things, fo difcovered and re-paid, or re-delivered as aforefaid; any former law, or any thing in this act contained to the contrary thereof in any wife notwithstanding.

fraud, deceit, &c.

other thing,

Or winning at one

V. And be it further enabled by the authority aforefaid, Perfons winning by That if any perfon or perfons whatsoever, do or fhall, by a y fum of money, or any fraud or fhift, coufenage, circumvention, deceit, or unlawful device or ill practice whatfoever, in playing at or with cards, dice, or any of the games aforefaid, or in or by bearing a fhare or part in the ftakes, wagers or adventures in, or betting on the fides or hands of fuch as do or shall play as aforefaid, win, obtain or acquire to him or themfelves, or to any other or others, any fum or fums of money, or other valuable thing or things whatsoever; or fhall, at any one time or fitting above tol. to fiting, win of any one or more perfon or perfons whatfoforfeit five times the ever, above the fum or value of ten pounds, that then every perfon or perfons fo winning by fuch ill practice as aforefaid, or winning at any one time or fitting, above the fum or value of ten pounds; and being convicted of any of the faid offences, upon any indictment or information to be exhibited against him, her or them, for that purpose, shall forfeit five times the value of the fum or fums of money, or other thing or things fo won as aforefaid: and in cafe of fuch ill Winners by fraud or deceit, deemed in practice as aforefaid, the perfon or perfons fo winning as famous, and to fuffer aforefaid, shall be deemed infamous, and suffer fuch cor

value.

corporal punishment. poral punishment as in cafes of wilful and corrupt perjury; and fuch penalty fhall and may be recovered by any perfon or perfons who fhall fue for the fame, in manner aforefaid; and when recovered, shall be appropriated as herein above directed.

VI. And be it further enadied by the authority aforefaid, lofing rol. at a tinie, or That if any perfon fhall win or lofe at play, or by betting,

Perfons winning or

be indicted, and fined

gol. in 24 hours, may at any time, the fum or value of ten pounds, or upwards; five times the value. or within the space of twenty-four hours, the fum or value of twenty pounds, fuch perfon fhall be liable to be indicted for fuch offence, at any time within one year after it is committed, either in the fupreme court, or in any court of oyer and terminer or gaol delivery; and being thereof legally convicted, shall be fined five times the value of the fum fo loft or won; which fine (after fuch charges as the court fhall judge reasonable to allow to the profecutors and witnelles out of the fame) fhall be paid to the overfeers of the poor of the city or town where fuch offence fhall be committed, for the ufe of the poor thereof.

VII. Provided always, and be it further enafled by the authority aforeJaid, That if any perfon fo offending, fhall difcover any other perton fo of fending, fo that fuch perfon be thereupon convicted, the perfon to difcovering, fhall be difcharged and indemnified from all penalties, by reafon of any fuch offence, if fuch perfon fo difcovering hath not been before convicted thereof, and he fhall be admitted as an evidence to prove the fame.

VIII. And be it further enacted by the authority aforefaid, That no perfon or perfons, others than the parties, plaintiff or defendant in the caufe, fhall be incapacitated from being a witness, touching any offence committed againft this act, by reafon of having played, betted or flaked at any game prohibited by this act.

IX. And whereas divers lewd and diffolute perfons live at great expences, having no vifible eftate, profeflion or calling, to maintain themselves, but fupport thofe expences by gaming only; Therefore, Be it further enacted by the authority aforefaid, That it fhall and may be lawful for Juftices may bind to the good behaviour any two or more juftices of the peace, in any city or counperfions who fupport ty within this ftate, to caufe to come or be brought before them felves by gain them, every perfon within their refpective cities or counties, ing. whom they fhall have juft caufe to fufpect to have no vifible eftate, profeffion or calling, to maintain themselves by, but who do, for the moft part, fupport themfelves by gaming; and if fuch perfon or perfons fhall not make it appear to fuch juftices, that the principal part of his or their expences are not maintained by gaming, that then fuch juftices fhall require of him or them, fufficient fureties for his or their good behaviour for the space of twelve months; and in default of his or their finding fuch fureties, to commit him or them to the common gaol of the city or county, there to remain until he or they shall find fuch fureties as aforefaid.

X. And be it further enated by the authority aforefaid, That if fuch perfon or perfons fo finding fureties as aforefaid, fhall, during the time for which he or the shall be fo bound to the good behaviour, at any one time or fitting, play or bet for any fum or fums of money, or other thing, exceeding in the whole the fum or value of twenty fhillings, that then fuch playing fhall be deemed or taken to be a breach of his, her or their good behaviour, and a forfeiture of the recognizance given for the fame.

CHA P. XXXVI.

An ACT concerning Diftreffes, and for the better Security and more caly Recovery of Rents and Renewal of Leafes, and to prevent Frauds by Tenams. Pafled 21st February, 1788.

1. BE it enacted by the people of the fate of New-ork, represented in fenate and affembly, and it is hereby enacted by the authority of the fame,

That all diftreffes made or taken for any caufe whatfoever, fhall be reafonable, and not too great; and whofoever fhall take great and unreasonable diftrefles, fhall be punished by fine for the excefs of fuch distresses, and shall anfwer the damages to the party aggrieved.

taken wrongfully, or

be driven out of the

II. And be it further enacted by the authority aforefaid, No diftrefs to be That no perfon fhall take any diffrefs wrongfully, or dif in the highway, or to train in the highway or common street, or cause any diftrefs county, on pain of fine that he or fhe fhall take, to be driven out of the county where it fhall be taken; and every perfon who fhall do fo, of his or her own authority, and without judgment, fhall be punished by fine, as for a thing done againft the peace, and fhall anfwer the damages to the party aggrieved.

and damages.

fheep, and implements

diftrained while there

III. And be it further enacted by the authority aforefaid, Beafts of the plough, That no perfon fhall be diftrained for any caufe whatfoof trade, not to be ever, by his or her beafts of the plough, or Theep, or by the is other diftreis. implements of his or her trade, but until other diftrefs or chattels whereof the debt may be levied, or fufficient for the demand, can be found (except the diftraining and impounding beafts found on the ground of any perfon damage feafant, according to the custom of this ftate.

IV. And be it further enacted by the authority aforesaid, That when any beafts are diftrained for any cause whatsoever, they fhall be put in open pound, in the fame county where they fhall be taken; and they to whom the beafts do belong, may give them their feeding without difturbance, fo long as they fhall be impounded.

V. And be it further enacted by the authority aforefaid, That where any goods or chattels fhall be diarained for any rent referved and due upon any demife, leafe, or contract whatfoever, and the tenant or owner of the goods fo diftrained, shall not, within five days next after fuch diftrefs taken, and notice thereof (with the cause of fuch taking) left at the chief manfion house, or other most notorious place on the premises, charged with the rent diftrained for, replevy the fame, with fufficient fecurity to be given to the fheriff according to law, that then, in fuch case, after fuch diftrefs and notice as aforefaid, and expiration of the faid five days, the perfon diftraining shall and may, with the fheriff or under sheriff of the county, or with the constable, or other officer of the town or place where fuch diftrefs fhall be taken (who are hereby required to be aiding and affifting therein) caufe the goods and chattels fo diftrained, to be appraised by two fworn appraisers (whom fuch fheriff, under fheriff, conftable, or other officer as aforefaid, are hereby empowered to fummon for that fervice, and to fwear well and truly to appraise the fame, according to the beft of their understanding) and after fuch appraisement, shall and may lawfully fell at public vendue, the goods and chattels fo diftrained, for the best price that can be gotten for the fame (giving three days public notice) towards fatisfaction of the rent for which the faid goods and chattels fhall be diftrained, and of the charges of fuch diftrefs, appraisement and fale; leaving the overplus (if any) in the hands of the faid fheriff, under fheriff, conftable or officer, for the owner's ufe.

Corn or hay may be

VI. And be it further enadled by the authority aforesaid, That it fhall be lawful for any perfon or perfons having diftrained for rent. rent in arrear, and due upon any fuch demife, leafe or contract as aforefaid, to feize and fecure any fheaves or cocks of corn, or corn loofe, or in the ftraw, or hay lying or being in any barn or granary,

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