from thenceforward, pay to the landlord or leffor, his or her heirs or affigns, double the rent or fum which he, fhe or they fhould otherwife have paid; to be levied, fued for, and recovered at the fame times, and in the fame manner as the fingle rent or fum, before the giving fuch notice, could be levied, fued for, or recovered; and fuch double rent or fum shall be continued to be paid during all the time such tenant or tenants fhall continue in poffeffion, as aforefaid.

re-sover, may recover

XXIII. And whereas great inconveniences may happen to leffors and landlords, in cafes of re-entry for non-payment of rent, by reafon of the many niceties that attend re-entries, at common law; and for as much as when a legal re-entry is made, the landlord or leffor must be at the expence, charge and delay of recovering in ejectment, before he can obtain the actual pofletion of the demited premises; For remedy whereof, Be it further Where one inlfyear's enated by the authority aforesaid, "That in all cafes between reatis artear, the landlord and tenant, as often as it shall happen that one kilor having never half year's rent thall be in arrear, and the landlord or letlor, by cj étrent. to whom the fame is due, hath right, by law, to re-enter for the non-payment thereof, fuch landlord or leflor fhall and may, without any formal demand or re-entry, ferve a declaration in ejectment for the recovery of the demited premises; or in cafe the fame cannot be legally ferved, or no tenant be in actual poffeffion of the premises, then attix the fame upon the door of any demiled mefluage; or in cafe fuch ejectment fhall not be for the recovery of any mefluage, then upon fome notorious place of the lands, tenements or hereditaments, comprised in fuch declaration in ejectment; and fuch affixing fhall be deemed legal service thereof; which fervice, or affixing fuch declaration in ejectment, fhall ftand in the place and flead of a demand and re-entry; and in cafe of judgment against the cafual ejector, or nonfuit for not confeffing leafe, entry and oufter, it fhall be made appear to the court where the laid fuit is depending, by affidavit, or be proved upon the trial, in cafe the defendant appears, that half a year's rent was due before the faid declaration was served, and that no sufficient diftrefs was to be found on the demited premises, countervailing the arrears then due, and that the leffor or leflors in ejectment, had power to re-enter; then, and in every fuch cafe, the leffor or leffors in ejectment, fhall have judgment and execution, in the fame manner as if the rent in arrear had been legally demanded, and re-entry made; and in cafe the leffee or leffees, his, her or their affignee or affignees, or other perfon or perfons claiming or deriving title under the faid leafe, fhall fuffer judgment on fuch ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full cofts, and without filing any bill or bills for relief, in equity, within fix calendar months after fuch execution executed; then, and in fuch cafe, the faid leffee or leffees, his, her or their affignee or affignees, and all other perfons claiming and deriving title under the faid leafe, fhall be barred and foreclosed from all relief or remedy in law or equity, other than by writ of error, for reverfal of fuch judgment, in cafe the fame fhall be erroneous; and the faid landlord or leffor fhall, from thenceforth, hold the fame demifed premifes, difcharged from fuch leafe or contract; and if on fuch ejectment, a verdict shall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall be nonfuited therein, except for the not confeffing leafe, entry and oufter, then, and in every fuch cafe, fuch defendant or defendants fhall have and recover his, her and their full cofts. Provided always, That nothing herein contained fhall extend to bar the right of any mort

Not to bar the right of any mortgagee who

they paying the ar

months.

is not in poffeffion, gagee or mortgagees, of fuch leafe or any part thereof, who rears with cufts, in lix fhall not be in pofieftion, fo as fuch mortgagee or mortga gees fhall and do, within fix calendar months after fuch judgment obtained and execution executed, pay all rent in arrear, and all coits and damages fuftained, by fuch leflor, or perfon or perfons entitled to the remainder or reverfion, as aforefaid, and perform all the covenants and agreements, which on the part and behalf of the firft leflee or leffees, are and ought to be performed.

No injunction to if

ue to top proceedings

at law, unless the lef

fee brings into court

cufts.

XXIV. And be it further enacted by the authority aforefaid, That in cate the faid leffee or leffees, his, her or their affignce or affignees, or other perfon or perfons claiming any right, the rent due, and title or intereft, in law or equity, of, in or to the faid leafe, fhall, within the time aforesaid, file one or more bill or bills for relief, in any court of equity, fuch perfon or perfons fhall not have or continue any injunction against the proceedings at law on fuch ejectment, unless he, fhe or they do, or fhall, within forty days next after a full and perfect answer fhall be filed, by the leffor or leflors of the plaintiff in fuch ejectment, bring into court and lodge with the proper officer, fuch fum and fums of money, as the leffor or leflors of the plaintiff in the faid ejectment, fhall, in his, her or their answer, fwear to be due, and in arrear, over and above all just allowances; and alfo the cofts taxed in the faid tuit, there to remain until the hearing of the cause, or to be paid out to the leffor or landlord, on good fecurity, fubject to the decree of the court; and in cafe fuch bill or bills fhall be filed within the time aforefaid, and after the execution is Leffor accountable executed, the leffor or leffors of the plaintiff, fhall be acenly for actual profits. countable only for fo much and no more, as he, fhe or they fhall, really and bona fide, without fraud, deceit or wilful neglect, make of the demifed premifes, from the time of his, her or their entering into the actual poffeflion thereof; and if what fhall be fo made by the leffor or leflors of the plaintiff, happen to be less than the rent referved on the faid leafe, then the faid leffee or leflees, his, her or their affignee or affignees, before he, fhe or they fhall be reftored to the poffeffion or poffeffions, fhall pay fuch leffor or leffors, or landlord or landlords, what the money, fo by them made, fell fhort of the referved rent, for the time fuch leffor or leflors of the plaintiff, or landlord or landlords, held the faid lands.

ruent to cease, on te

and costs.

XXV. Provided always, and be it further crafted by the auProceedingsin eject thority aforefaid, That if the tenant or tenants, his, her or nants paying the rent their affignee or affignees, fhall, at any time before the trial in fuch ejectment, pay, or tender to the leffor or landlord, his executors or administrators, or his, her or their attorney, in that caufe, or pay into the court where the fame caufe is depending, all the rent and arrears, together with the cofts, then, and in fuch cafe, all further proceedings on the faid ejectment, fhall ceafe and be difcontinued; and if fuch leffee or leffees, his, her or their executors, adminiftrators or affigns, fhall, upon fuch bill, filed as aforefaid, be relieved in equity, he fhe or they fhall have, hold and enjoy the demifed lands, according to the leafe thereof made, without any new leafe to be thereof made to him, her or them.

Tenantsrelieved in

XXVI. And for making the renewal of leafes more eafy for the future, Be it further enaded by the authority aforefaid, That in cafe any leafe shall be duly furrendered, in order to be renewed, and a new leafe equity, to held lands made and executed by the chief landlord or landlords, the without a new leafe. fame new leafe fhall, without a furrender of all or any the under-leafes, be as good and valid, to all intents and purpo

valid without furrender of under-leafes.

New leafes good and fes, as if all the under-leafes derived thereout, had been likewife furrendered at or before the taking of fuch new leafe; and all and every perfon or perfons, in whom any estate for life or lives, or for years, fhall, from time to time, be vefted by virtue of fuch new leafe, and his, her and their executors and adminiftrators, fhall be entitled to the rents, covenants and duties, and have like remedy for recovery there. of; and the under-leffees fhall hold and enjoy the demifed premises refpectively, as if the original leafes, out of which the refpective under-leafes are derived, had been till kept on foot and continued; and the chief landlord or landlords fhall have and be entitled to fuch and the fame remedy, by dif trefs or entry, in and upon the demifed premifes, for the rents and duties referved by fuch new leafe, fo far as the fame exceed not the rents and duties referved in the leafe out of which fuch under-leafe was derived, as he, fhe or they would have had, in cafe fuch former lease had been ftill conti nued; or as he, fhe or they would have had, in cafe the respective underleafes had been renewed under fuch new principal leafe; any law, cuftom or ufage to the contrary hereof notwithstanding.

dies before the day

comes due, executors

XXVII. And be it further enacted by the authority aforefaid, If tenant for life That where any tenant for life fhall happen to die before, or on which rent be- On the day on which any rent was referved or made payto recover a propor, able upon any demife or leafe of any lands, tenements or tionable part. hereditaments, which determined on the death of fuch tenant for life, that the executors or adminiftrators of fuch tenant for life, fhall and may, in an action on the cafe, recover of and from fuch under-tenant or under-tenants of fuch lands, tenements or hereditaments, if fuch tenant for life die on the day on which the fame was made payable, the whole, or if before fuch day, then a proportion of fuch rent, according to the time fuch tenant for life lived of the last year, or a quarter of a year, or other time in which the faid rent was growing due as aforefaid, making all juft allowances, or a proportionable part thereof, refpectively.

nants to flrangers,

void,

XXVIII. And whereas the poffeffion of eftates in lands, tenements and hereditaments is rendered very precarious, by the frequent and fraudulent practice of tenants, in attorning to ftrangers who claim title to the eftates of their respective landlord or landlords, leffor or leffors, who, by that means are turned out of poffeffion of their respective eftates, and put to the difficulty and expence of recovering the poffeffion thereof, by actions or fuits at law; For remedy whereof, Be it further enacted by the authority aforefaid, That all and every fuch attornment or attornments of any Attornments of te- tenant or tenants, of any meffuages, lands, tenements or hereditaments, fhall be abfolutely null and void, to all intents and purpofes whatfoever, and the poffeffion of their respective landlord or landlords, leffor or leflors, fhall not be deemed or conftrued to be in any wife changed, altered or affected, by any fuch attorninent or attornments. Provided always, That nothing herein contained, fhall exUnless made pur- tend to vacate or affect any attornment made pursuant to, or order of court, or and in confequence of fome judgement at law, or decree, or order of a court of equity, or made with the privity and confent of the landlord or landlords, leffor or leffors, or to any mortgagee, after the mortgage is become forfeited.

fuant to judgment,

with content of land.

lord.

XXIX. And be it further enacted by the authority aforePenalty or tenants faid, That every tenant to whom any declaration in ejectEheir landlords of de- ment fhall be delivered, for any lands, tenements or here

not giving notice to

ment delivered to them.

clarations in eject ditaments, fhall forthwith give notice thereof to his or her landlord or landlords, or his, her or their bailid or receiver, under penalty of forfeiting the value of three years improved or rack rent of the premies to demited, or holden in the poffeffion of fuch tenant, to the perion of whom he or she holds, to be recovered by action of debt to be brought in any court of record within this flate.

wisted defendants, by

wants.

XXX. And be it further enacted by the authority aforeLarullords to be ad- faid, That it fhall be lawful for the court where fuch ejectjening with their te- ment fhall be brought, to fuffer the landlord or landlords, to make him, her or themfelves, defendant or defendants, by joining with the tenant or tenants, to whom fuch declaration in ejectment fhall be delivered, in cafe he or they fhall appear; but in cafe fuch tenant or tenants fhall refufe or neglect to appear, judgment fhall be figned against the cafual ejector, for want of fuch appearance; but if the landlord or landlords of any part of the lands, tenements or hereditaments, for which fuch ejectment was brought, fhall defire to appear by himself, herlelf or themfelves, and confent to enter into the like rule, that, by the courfe of the court, the tenant in poffeffion, in cafe he or she had appeared, ought to have done; then the court, where fuch ejectment fhall be brought, fhall and may permit fuch landlord or landlords fo to do, and order a stay of execution upon fuch judgment against the cafual ejector, until they fhall make further order

therein.

XXXI. And to obviate fome difficulties that many times occur in the recovery of rents, where the demifes are not by deed; Be it further enacted by the authority aforefaid, That it fhall be lawful to and for the landlord or landlords, his, her or their heirs or affigns, where the agreement is not by deed, to recover a reafonable fatisfaction for the lands, tenements or hereditaments, held or occupied by the defendant or defendants, in an action on the case, for the ufe and occupation of what was fo held and enjoyed; and if in evidence on the trial of fuch action, any parole demife, or any agreement (not being by deed) whereon a certain rent was referved, fhall appear, the plaintiffin fuch action fhall not therefore be non fuited, but may make ufe there of as an evidence of the quantum of the damages to be recovered.

An ACT for punishing Treasons and Felonies, and for the better regulating the Proceedings in Cafes of Felony.

1.

Paffed 21ft February, 1788. Eit 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 the privilege, or benefit of the clergy, heretofore allowed in criminal cafes, shall be, and hereby is taken away and for ever abolished.

punished with death.

II. And be it further enacted by the authority aforefaid, What crimes to be That every person who hereafter fhall be, in due form of law, convicted or attainted of any manner of treafon, murder, rape, buggery or burglary; or of feloniously taking any goods or chattels out of any church or place of public worship; or of felonioufly breaking any houfe, by day or by night, any perfon being then in the fame houfe where fuch breaking shall be committed, and thereby put in fear or dread; or of robbing any perfon or perfons in his, her or their dwelling-houfe, or dwelling-place, the owner or dweller in the fame house, or his wife, or his Vol. II. К

or her children or fervants, or any or either of them, then being within the faine houfe or place where the robbery fhall be committed and done, or any other place within the precinct of the fame houfe or dwelling-place, whether the owner or dweller in the fame houfe, or his wife, or his or her children or fervants, or any, or either of them, then and there being, fhall be waking or fleeping; or of robbing any perfon; or of feloniously taking away any goods or chattels, being in any dwelling-houfe, the owner or any other perfon being therein, and put in fear; or of robbing any dwellinghoufe, in the day time, any perfon being therein; or of robbing any perfon or perfons in or about any highway; or of wilfully burning any dwellinghoufe, or any barn; or of any offence fpecified in the act, entitled, An act to prevent malicious maiming and wounding; or of any offence specified in the act, entitled, An act for preventing and punishing forgery and counterfeiting; and every perfon who fhall aid, abet, affift, counfel, hire or command any perfon or perfons to commit any of the faid offences, and thereof be duly convicted or attainted, fhall fuffer death for the fame, and fhall be hanged by the neck until he, fhe or they fhall be dead. And further, That the judgments to be given in all and every of the cafes aforefaid, fhall invariably be, that the perfon fo convicted or attainted, fhall be hanged by the neck until he or she fhall be dead; any law, ufage or cuftom to the contrary not withstanding. And moreover, That all and every perfon and perfons who fhall, in due form of law, be convicted or attainted of any felony, other than fuch as are herein before mentioned, fhall, for the first offence, be punifhed by fine, imprisonment, or corporal punishment, or by all or any of them, in fuch manner as the juftices before whom fuch conviction or attainder fhall be had, or who fhall give judgment thereupon, fhall, in their difcretion, think proper to direct and award, not extending to life or limb; and for any fecond offence, or felony committed after fuch first conviction, every fuch offender fhall fuffer death, and fhall have judgment to be hanged by the neck until he or she fhall be dead; and shall be accordingly hanged by the neck until he or she shall be dead; but nothing herein besore contained fhall extend to petty larceny, which is the feloniously taking and carrying away the goods or chatte's of another, of the value of five pounds or under.

abolished.

III. And be it further enotted by the authority aforefaid, Peine fort et dure, That the law relative to the peine fort et dure, fhall be, and hereby is abolished: and that in all cafes of treafon or felony, where the party indicted fhall, on being arraigned, obftinately ftand mute, or refuse to plead, and be tried in due course of law; fuch obftinateIn cafes of treafon ly ftanding mute, or refufalto plead and be tried as aforesaid, or felony, prifoner fhall be adjudged to amount to, and be a proper traverse fining to plead, to be or denial of the facts charged in the indictment; and the tried as if they had trial fhall thereupon proceed in like manner, and the record fhall be in the fame form, and the fame judgment shall be given against the faid party, if found guilty, as if he or fhe had, on being arraigned, pleaded not guilty, and for trial had put himself or herself on the country; any law to the contrary notwithstanding.

ftanding mute, or re

pleaded not guilty.

IV. And be it further enacted by the "authority aforefaid, That the clerk of the fupreme court, the clerks of every circuit court, and court of oyer and terminer, and gaol delivery, and the clerks of the peace for the time being, where any attainder, outlawry or conviction of any perfon or perfons, for any manner of treafon, murder, rape, buggery, burglary, robbery,