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or other felony, shall be had, shall, without fee or reward, certify into ihic court of exchequer, at the next term, there to remain of record forever, a transcript, briefly and in few words, containing the tenor and effect of every such attainder, outlawry or conviction, and of the indiament or appeal upon which the same shall be fo had ; That is to say, The name, firname, ard addition of every such person fo convicted, outlawed or attainted, and the certainty of the said felony, or other offence whereupon he or she lhall be fo convicted, outlawed or attainted, and the day and place of the conviction, outlawry or attainder, and before whom the same was had, and the day and place, where and when the said felony, or other offence was done, and the judgment the reupon given, upon pain to for feit, for every omifiion or neglect, the sun of ten pounds, to the people of this state ; and the clerk of the court of exchequer shall receive all fuch certificates and transcripts, when the fame shall be presented and offered to him by any of the respective clerks aforefaid, or by his or their deputy or deputies, without taking any thing for the same; and shall, at all times, without fee or reward, when requested by the attorney-general of this state, or by any prosecutor against any person named in any such certificate or transcript, for any second ofence, make and deliver to the attorney-general or prosecutor, a true copy of such certificare or transcript, certified under his hand and the exchequer feal; and every such copy, fo certified, shall be good evidence of fuch former conviction, outlawry or attainder.
V. And be it further enaĉled by the authority aforesaid, That if any person or persons shall be indieted of felony, for ftcaling of any goods or chattels, in any county of this state, and thereof be convicted or atainted; if it mall appear upon evidence, and be found by the jury, that the said goods or ciata tels were taken by robbery or burglary, or in any other manner, in any other county, whereof, if such perion or persons had been convicted by a jury of such other county, he, she or they would, by virtue of this, or any other act now in force, or hereafter to be made, be liable to suffer death, then, and in every such case, judgment shall be given that the said offender or offenders shall be hanged by the neck, until he, Me or they shall be deaci, and such offender or offenders shall be put to death accordingly.
VI. And be il further enæled by the authority aforeluid, That every person who shall, in due form of law, be convicted or attainted of any manner of treason, murder, rape, buggery, burglary, robbery, or other felony, for which he or she ought, or is
, or shall be, by any law of this state now in force, or hereafter to be made, liable to suffer death, fall forfeit to the people of this ftate, all his or her goods and chattels, and also all such lands, tenements and hereditaments, which any such offender shall have of any efate of inheritance, in his or her own right, in use or polleflion, and all riglıts, en tries, conditions, reversions and remainders of, in or to any lands, tenements or hereditaments, at the time of any such offence comınitted, or at any time after ; and the people of this state, without any office or inquifition to be found, shall be deemed and adjudged in the actual and real poffeffion of the lands, tenements, hereditaments, uses, goods, chattels, and all other things of the offenders, fo convicted or attainted, which the people of this fare ought lawfully to have, and which the offenders fo being convicted or attainted, ought to lose and forfeit, or might lawfully lose and forteit; saving to every person and persons, and to his, her and their heirs and fuccessors, other than the offenders and their heirs, and such person and persons as claim to the ule of any fuch ofender or offenders, all such rights, litles, interest, rollefions,
in 0c county, and
lease's, rents, reversions, offices, and other profits, which they or any of them shall have at the day of committing any inch offence, or at any time after, in as large and ample manner, as if his claule of this act had not been made.
VII. tube il fariler circled by the authority afureuid, That no attainder of a
fany person or persons, of or for any manner of treason or felony what, forver, thall hereafter extend to corrupt the blood of the offender, or to forfiit the dower of his wife.
VIII. Ad be it further ended by the authority aforefrid, Minnetoprad. That where any person hereafter shall be feloniously stricken hicken or portoned or poisoned in one county, and die of the fame Itroke or dies in another. poiloning in another county, then an indictment thereof,
found by jurors of the county where the death Draill happen, whether it shall be found before the coroncr, upon the right of such dead body, or before the judices of the peace, or other justices or commissioners who shall have au:hority to enquire of such offences, shall be as good and eticctual in the law, as if the stroke or poisoning had been given, coinmitted and done in the same county where the party shall die, or where such indictment Prall be so found. And further, That the juflices of gaol delivery, and jullices authorised or asigned to hear and determine, in the fame county where such indictment at any time hereafter, shall be taken, and the justice's of the supreme court, when such indictment iall be taken or removed before thein, Niall and may proceed upon the same in all points, as they should or ought to do, in cafe such felonious Aroke, and death thereby ensuing, or poisoning, and death thereof ensuing, had grown all in one and the same county. And moreover, Tliat such party to whom appeal of murder is or shall be given by the law, may commence, take and sue appeal of murder in the fare county where the party feloniouily stricken or poisoned, shall die, as well against the principal and principals, as against every accessary to the fime or ences, in whatsoever county or place the accellary or accellaries shall be guilty to the fame; and the justices before whom any such appeal fhall be commenced, fucd and taken, within the year and day after fuch murder and manslaughter committed and done, shall proceed against all and every such principal and principals, acceflary and accesaries, in the same county where such appeal shall be so taken, in like manner and form as if the fame offence or offences had been committed and done in the fame county wliere such appeal shall be so taken ; as well concerning the trial by the jurors of the county where such appeal or appeals shall be taken, upon the plea of not guilty, pleaded by fuch oflender orofenders as otherwise. And further, That where any murder or felony Mall be committed and done in che county, and another person, or more persons shall be acceffary or acceslaries in any manner of wise to any such murder or felony, in any other county, then an indictment found and taken against such accesary and acceltaries, upon the circumstance of such matter, before the justices of the place, or other justices or commillioners having authority to enquire of felonies in the county where such offences of accessary or accesiaries, in any manner of wise, shall be comınitted or done, shall be as good and effectual in the law, as if the said principal ofience had been committed or done within the same county where the same indictment against such accesary, shall be found; and the justices of gaol delivery, or justices authorised or aligned to lear and determine, or any two of thein, of or in such county where the offence of any fuch accessary shall be commilied and done, upon suit to them made, shall write to the clerk or keeper of the records where such principal ill be attainted or conviccd, to certify them whether such principal be
attainted, convicted, or otherwise discharged of such principal felony, whe, upon such writing to them, or any of them directed, shall make sufficient certificate in writing, under his or their fcal or feals, to the faid justices, whether such principal be attainted, convicted, or otherwise discharged, or not; and after that they that fo shall have the custody of such records do certify that such principal is attainted, convicted, or otherwise discharged of such offence, by the law, then the justices of gaol delivery, or justices authorised or assigned to hear and determine such olences, or other justices thereunto authorised, shall proceed upon every such acceffary, in the county where such acceffary or acceíTaries became acceflary, in fuch manner and form, as if both the principal offence, and acceflary, had been committed and done in the said county where the offence of accessary was, or shall be committed or done; and that every such accefsary, and other offenders above expresied, shall answer upon their arraignments, and receive suclı trial, judgment, order and execution, and such forfeitures, pains and penalties, as is uk'd in other cales of felony
IX. And be it further cna cd by the authority aforefa Stealing bills, banda, That if any person or persons shall leal, or take by rura rities, deemed telony. bery, any bill of exchange, bond, order, warrant, bill or
promisiory note, for payment of any money, or any certificate, or other public security, iflued or to be iflued by the authority of the United States in congress assembled, or by authority of the legislature of this Aate, for payment of money, or acknowledging the rcceipt of money or goods, being the property of any other person or persons, or of any corporation, notwithstanding any of the said particulars are, or may be termec in law, a chose in action, it snall be deemed and construed to be felony, of the fame nature, and in the fame degree, and in the same manner, as it would leave been, if the offenders had soien or taken by robbery, any other goods of like value, with the money due on such bill, bond, order, warrant, or note, or certificate, or other public security, or secured thereby, and remaining unsatisfied ; and such ofender Ball suffer such punishment as lie or nic should or ought to have done, if he or she had ftolen other goods of the like value with the money due on such bill, bond, order, warrant, or note, or certificate, or public security, respectively, or ficured thereby, and remaining unsatisfied.
X. And be il further encicd by the authority aforesaid, That if any person Iall buy or receive any goods or chatteis, of any value whatsoever, that shall be felonioully taken or stolen from any other person, knowing the fame to be stolen, he or she shall be taken and deeined an acceflary to fuch felony after the fact, and snail incur the same punishment as an accessary to the felony, after the felony committed. And further, That it fliall and lawful to profecute and punith every such person buying or receiving any ftolen goods, knowing the fame to be folen, as for a misdemeanor, to be punished by fine and imprisonment, although the principal felon be not before convicted of the laid felony, which shall exempt the ofender from being punished as acceflary, if the principal shall be afterwards convicted; any law to the contrary notwithfunding.
XI. And be it füriher enacted by the authority afocfuid, lenany principal. Tliat if any principal felon shall be convicted of any felony, tite acreslaries may it shall and inay be lawful to proceed against any acccfiary, althongh luch princi: either before or after the fact, in the fame manner as is such pal is pardened betore principal felon had been attainted thereof, notwithsluding
any such principal felon shall be pardoned, or otierwit des
livered before attainder ; and every such accessary shall suffer the fame punishment, if he or she be convicted, as he or she should have fuffered, if the principal had been attainted.
XII. And be ii further ended by the authority aforesaid, That the justices of the supreme court shall have full power and authority, by their discretion, to remand and send down, as well the bodies of all felons and murderers brought or removed, or that Niall be removed or brought before the people of the state of New-York, in their supreme court, as the indi&ments againit such felong and murderers, into the said counties where the same inurders and felonies were or mall have been committed and done; and to cominand all jaftices of gaol delivery, justices of the peace, and all other justices and commissioners having authority to hear and determine the same félonies, 3nd every of them, to proceed and determine upon all the aforesaid bodies and indictments to removed, according to law, in such manner as the same juslices of gaol delivery, jukices of the peace, or commissioners, or any of them, might or should have done, if the said prisoners or indietnients had IKC ver been brought into the faid supreme court.
XIII. And be il further enailed by the authori'y aforefaid, That no wris of habeas corpus, or certiorari, shall be hereafier granted to remove any prisoner out of any goal or to remove any indictment, inquisition, recognizince, record or other thing, except the fame writs be signed with the proper hand of one of the justices of the court out of which ihe same writs Inall be awarded ; and every such writ not signed as aforejaid, fhall be void and of none effect.
XIV. And be il further enaãied by the authority aforesaid, That all manner of foreign pleas, triable by the country, hereafter to be pleaded by any perfon or persons arraigned upon any indictment, or appeal, for any treason, in urder or felony, shall be forthwith tried before the same justices before whom such person or persons shall be arraigned, and by the fame jurors of thie fame county that mall try the treason, murder or felony, whereof he, the or they Mall be fo arraigned, without any further respite or delay, in whatfoerer county or counties, place or places, the matter of the fame pleas be fuppofeci or alledged.
XV. And be it further enaged by the aulhority cforcluid, Peremptory, cluna That no person arraigned for any murder or felony, shall be
admitted to any peremptory challenge above the number
of twenty; and if any person arraigned for any murder or felony, fhall peremptorily challenge above the number of twenty of the jurors returned for the trial of sach person, such challenge shall be disallowcd, and the trial shall proceed as if no such challenge had been made.
XVI. And be it further enačicd by the authority aforesaid, That no indictor of any person or perforts, for any crime or offence whatsoever, shall be put upon the inquest for the trial of such person or perfons, if he be challenged for the same cause, by him, her or them so indicted.
XVII. And be il further enacted by the authority aforesaid, Witares mailowed. That every person who shall be arraigned or tried of or for pellable to appear. , any felony, shall be admitted to make any proof that he or
she can produce, by lawful witness or witnesses, who shall then be upon oath, for his or her just defence in that behalf; and shall have the like process of the court where he or she shall be tried, to compel his or her witneiles to appear for him or her at such trial, as is usually granted to compel witnesses to appear against him or her.
XVIII. And be it further enailed by the authority aforesaid, That from henceforth the words, with force and arms, or any such like words, shall not of necessity be put or comprised in any inquisition or indictment of treafon, murder, felony, trespass
, or any other oflince; and that no party or parties, being hereafter indicted of any ofence, shall have or take any aavantage, by writ or writs of error, plea or otherwise, to annul or avoid any fuch inquisition or indictment, for that that the words, with force and arms, or any such like words, shall not be put or comprised in the said inquilitions or indietinents; but that the fame inquisitions and indictments, and every of them, lacking the said words, with force and arms, or any such like words, Thali from henceforth be taken, deemed and adjudged, to all intents, conttruc. tions and purposes, as good and effectual in the law, as the same inquisitions and indictments having the faid words, with force and arms, comprised and put in every of the fame inquisitions and indictments, were, or herttofoie have been taken, deemned or adjudged.
XIX. And be it further cnuclei ly the authority aforeluid, That if any selon or felons do rob or take away any money, goods or clatitis, from any person or persons, from the person or otherwise, and the faid felon or felons be thereof indicted, and afier arraigned of the same felony, and found guilty thereof, or otherwise attainted, by reason of evidence given by the P4:iy fo robbed, or owner of the faid money, goods or chattels
, or by any other, by his, her or their procurement, then the party fo robbed, or owner, Thall be reitored to his or her said money, goods and chatteis ; and that as well justices of gaol delivery, as other justices before whom any such felon or felons (hall be found guilty, or otherwise attainted, by reason of evidence given by the party fo robbed, or owner, or by any other by his or her procurement, shall have power by this act, to award, from time to time, writs of reftitution for the laid money, goods and chattels, in like manner as if such felon or felons were attainted at the suit of the party in appeal,
XX. And whereas the honest and faithful citizens of this state, are often charged and burthened in conveying felons, and other malefactors and offenders against the laws, un:o the gaol, when the fame offenders have goods and chattels of their own, whereby to defray the same charge themfelves, which tends to the encouragement of such offenders, and to the discouragement of the said honest and faithful citizens, in profecuring the said felons, malefactors and offenders ; Therefore, Be it further enacted by the arrhorily aforesaid, That all and every person and persons whosoever, who shall be cominitred to the common or usual goal, in any city or county of this itate, by any justice or justices of the peace, for any felony, of, fence or misdemeanor, having means or ability thereunto, shall bear their own reasonable charges, for io conveying or sending them to the laid gol, and the charges al!o of such as Mall be appointed to guard them to the raid gaol, and shallguard them thither; and if any such person fo to be co.nmited as aforesaid, shall refuse, at the time of his or her commit:nent and finding to the said gaol, to defray the said charges, or Phall not then pay or bear the fame, then any justice or justices of the peace of the county, shall and may, by writing under his or their hand and seal, or hands and feals, after conviction of the person so committed, give warrant to the constable or conAtables, or either of them, of the town or place where such person so committed, shall dwell or inhabit, or where he or she mall have any goods within the fame city or county, to levy, by distress and sale of the gools and chat, tels of the said person fo to be committed, so much myney as, l'y the discre,