Gambar halaman
PDF
ePub

or other felony, shall be had, shall, without fee or reward, certify into the court of exchequer, at the next term, there to remain of record forever, a tranfcript, briefly and in few words, containing the tenor and effect of every fuch attainder, outlawry or conviction, and of the indictment or appeal upon which the fame shall be fo had; That is to fay, The name, firname, and addition of every fuch perfon fo convicted, outlawed or attainted, and the certainty of the faid felony, or other offence whereupon he or she shall be fo convicted, outlawed or attainted, and the day and place of the conviction, outlawry or attainder, and before whom the fame was had, and the day and place, where and when the faid felony, or other offence was done, and the judgment thereupon given, upon pain to forfeit, for every omiffion or neglect, the fun of ten pounds, to the people of this ftate; and the clerk of the court of exchequer fhall receive all fuch certificates and tranfcripts, when the fame fhall be prefented and offered to him by any of the refpective clerks aforefaid, or by his or their deputy or deputies, without taking any thing for the fame; and fhall, at all times, without fee or reward, when requested by the attorney-general of this ftate, or by any profecutor against any perfon named in any fuch certificate or tranfcript, for any fecond offence, make and deliver to the attorney-general or profecutor, a true copy of fuch certificate or tranfcript, certified under his hand and the exchequer feal; and every fuch copy, fo certified, fhall be good evidence of fuch former conviction, outlawry or attainder.

V. And be it further enadled by the authority aforefaid, That if any perfon or perfons fhall be indicted of felony, for ftcaling of any goods or chattels, in any county of this ftate, and thereof be convicted or attainted; if it shall appear upon evidence, and be found by the jury, that the faid goods or chattels were taken by robbery or burglary, or in any other manner, in any other county, whereof, if fuch perfon or perfons had been convicted by a jury of fuch other county, he, fhe or they would, by virtue of this, or any other act now in force, or hereafter to be made, be liable to fuffer death, then, and in every fuch cafe, judgment fhall be given that the faid offender or offenders fhall be hanged by the neck, until he, he or they fhall be dead, and fuch offender or offenders fhall be put to death accordingly.

VI. And be it further enacted by the authority aforesaid, That every perfon who fhall, in due form of law, be convicted or attainted of any manner of treafon, murder, rape, buggery, burglary, robbery, or other felony, for which he or he ought, or is, or fhall be, by any law of this state now in force, or hereafter to be made, liable to fuffer death, fhall forfeit to the people of this ftate, all his or her goods and chattels, and also all fuch lands, tenements and hereditaments, which any fuch offender shall have of any estate of inheritance, in his or her own right, in ufe or pofleflion, and all rights, entries, conditions, reverfions and remainders of, in or to any lands, tenements of hereditaments, at the time of any fuch offence committed, or at any time after; and the people of this ftate, without any office or inquifition to be found, fhall be deemed and adjudged in the actual and real poffeffion of the lands, tenements, hereditaments, ufes, goods, chattels, and all other things of the offenders, fo convicted or attainted, which the people of this ftate ought lawfully to have, and which the offenders fo being convicted or attainted, ought to lofe and forfeit, or might lawfully lofe and forfeit; faving to every perfon and perfons, and to his, her and their heirs and fucceffors, other than the offenders and their heirs, and fuch perfon and perfons as claim to the ule of any fuch offender or offenders, all fuch rights, titles, intereft, pofleflions,

leafes, rents, reverfions, offices, and other profits, which they or any of them, fhall have at the day of committing any fuch offence, or at any time after, in as large and ample manner, as if this claufe of this act had not been made.

VII. indbe u further enacted by the authority aforesaid, That no attainder of any perfon or perfons, of or for any manner of treafon or felony whatfoever, fhall hereafter extend to corrupt the blood of the offender, or to forfeit the dower of his wife.

ing where a perfim is

in one county, and

VIII. And be it further en led by the authority aforefaid, Manner of proceed. That where any perfon hereafter fhall be felonioufly fuicken facken or poisoned or poisoned in one county, and die of the fame ftroke or dies in another. poiloning in another county, then an indictment thereof, found by jurors of the county where the death fhall happen, whether it fhall be found before the coroner, upon the fight of fuch dead body, or before the juftices of the peace, or other juftices or commiffioners who fhall have authority to enquire of fuch offences, fhall be as good and effectual in the law, as if the flroke or poifoning had been given, committed and done in the fame county where the party fhall die, or where fuch indictment fhall be fo found. And further, That the juflices of gaol delivery, and juftices authorised or affigned to hear and determine, in the fame county where fuch indictinent at any time hereafter, fhall be taken, and the justices of the fupreme court, when fuch indictment fhall be taken or removed before them, fall and may proceed upon the fame in all points, as they should or ought to do, in cafe fuch felonious ftroke, and death thereby enfuing, or poltoning, and death thereof enfuing, had grown all in one and the fame county. And moreover, That fuch party to whom appeal of murder is or fhall be given by the law, may commence, take and fue appeal of murder in the fame county where the party feloniously fricken or poifoned, fhall die, as well against the principal and principals, as against every acceffary to the fame olences, in whatfoever county or place the acceffary or acceffaries fhall be guilty to the fame; and the juftices before whom any such appeal fhall be commenced, fued and taken, within the year and day after fuch murder and manslaughter committed and done, fhall proceed against all and every fuch principal and principals, acceflary and acceffaries, in the fame county where fuch appeal fhall be fo taken, in like manner and form as if the fame offence or offences had been committed and done in the fame county where fuch appeal fhall be fo taken; as well concerning the trial by the jurors of the county where fuch appeal or appeals fhall be taken, upon the plea of not guilty, pleaded by fuch offender or offenders as otherwife. And further, That where any murder or felony fhall be committed and done in one county, and another perfon, or more perfons fhall be acceflary or acceflaries in any manner of wife to any fuch murder or felony, in any other county, then an indictment found and taken against fuch acceffary and acceffaries, upon the circumftance of fuch matter, before the juftices of the peace, or other juftices or commiffioners having authority to enquire of felonies in the county where fuch offences of acceffary or acceffaries, in any manner of wife, fhall be committed or done, fhall be as good and effectual in the law, as if the faid principal offence had been committed or done within the fame county where the fame indictment against fuch acceffary, shall be found; and the juftices of gaol delivery, or juftices authorised or affigned to hear and determine, or any two of them, of or in fuch county where the offence of any fuch acceffary fhall be committed and done, upon fuit to them made, fhall write to the clerk or keeper of the records where fuch principal fall be attainted or convicted, to certify them whether fuch principal be

attainted, convicted, or otherwife difcharged of fuch principal felony, whe, upon fuch writing to them, or any of them directed, fhall make fufficient certificate in writing, under his or their feal or feals, to the faid juftices, whether fuch principal be attainted, convicted, or otherwife difcharged, or not; and after that they that fo fhall have the cuftody of fuch records do certify that fuch principal is attainted, convicted, or otherwife difcharged of fuch offence, by the law, then the juftices of gaol delivery, or jufiices authorifed or affigned to hear and determine fuch oflences, or other jufticcs thereunto authorifed, fhall proceed upon every fuch acceffary, in the county where fuch acceffary or acceffaries became acceflary, in fuch manner and form, aş if both the principal offence, and acceffary, had been committed and done in the faid county where the offence of acceffary was, or fhall be committed or done; and that every such acceffary, and other offenders above expreffed, fhall anfwer upon their arraignments, and receive fuch trial, judgment, order and execution, and fuch forfeitures, pains and penalties, as is ufed in other cafes of felony.

notes or public fecu

IX. And be it further cnated by the authority aforefaid, Stealing bills, bands, That if any perfon or perfons fhall fteal, or take by rob.. rities, deemed felony. bery, any bill of exchange, bond, order, warrant, bill or promiffory note, for payment of any money, or any certificate, or other public fecurity, iflued or to be iffued by the authority of the United States in congress affembled, or by authority of the legiflature of this flate, for payment of money, or acknowledging the receipt of money or goods, being the property of any other perfon or perfons, or of any corporation, notwithstanding any of the faid particulars are, or may be termed in law, a chofe in action, it fhall be deemed and conftrued to be felony, of the fame nature, and in the fame degree, and in the fame manner, as it would have been, if the offenders had ftolen or taken by robbery, any other goods of like value, with the money due on fuch bill, bond, order, warrant, or note, or certificate, or other public fecurity, or fecured thereby, and remaining unfatisfied; and fuch offender fhall fuffer fuch punishment as he or he fhould or ought to have done, if he or she had ftolen other goods of the like value with the money due on fuch bill, bond, order, warrant, or note, or certificate, or public fecurity, refpectively, or fecured thereby, and remaining uníatisfied.

X. And be it further enacted by the authority aforefaid, That if any perfon fhall buy or receive any goods or chattels, of any value whatsoever, that fhall be feloniously taken or ftolen from any other perfon, knowing the fame to be ftolen, he or she fhall be taken and deemed an acceflary to fuch felony after the fact, and fhail incur the fame punishment as an acceffary to the felony, after the felony committed. And further, That it fall and may be lawful to profecute and punish every fuch perion buying or receiving any ftolen goods, knowing the fame to be ftolen, as for a mifdemeanor, to be punifhed by fine and imprisonment, although the principal felon be not before convicted of the faid felony, which fhall exempt the offender from being punished as acceflary, if the principal fhall be afterwards convicted; any law to the contrary notwithflanding.

felon is convicted.

XI. And be it further enadled by the authority aforefaid, When any principal That if any principal felon fhall be convicted of any felony, the acceflaries may it fhall and inay be lawful to proceed again any acceflary, be proceeded against, although fuch princi either before or after the fact, in the fame manner as if fuch pal is pardened before principal felon had been attainted thereof, notwithflanding any fuch principal felon fhall be pardoned, or otherwit de

attainder.

livered before attainder; and every fuch acceflary fhall fuffer the fame punishment, if he or she be convicted, as he or she fhould have fuffered, if the principal had been attainted.

XII. And be it further enadled by the authority aforefaid, That the juffices of the fupreme court fhall have full power and authority, by their difcretion, to remand and fend down, as well the bodies of all felons and murderers brought or removed, or that fhall be removed or brought before the people of the fate of New-York, in their fupreme court, as the indictments against fuch felons and murderers, into the faid counties where the fame murders and felonies were or hall have been committed and done; and to comand all juftices of gaol delivery, juftices of the peace, and all other juftices and commiffioners having authority to hear and determine the fame felonies, and every of them, to proceed and determine upon all the aforesaid bodies and indictments fo removed, according to law, in fuch manner as the fame juftices of gaol delivery, justices of the peace, or commiffioners, or any of them, might or fhould have done, if the faid prifoners or indictments had never been brought into the said supreme court.

XIII. And be it further enacted by the authority aforefaid, That no wris of habeas corpus, or certiorari, fhall be hereafter granted to remove any prifoner out of any goal or to remove any indictment, inquifition, recognizance, record or other thing, except the fame writs be figned with the proper hand of one of the juftices of the court out of which the fame writs shall be awarded; and every fuch writ not figned as aforesaid, fhall be void and of none effect.

XIV. And be it further enacted by the authority aforefaid, That all manner of foreign pleas, triable by the country, hereafter to be pleaded by any perfon or perfons arraigned upon any indictment, or appeal, for any treafon, murder or felony, thall be forthwith tried before the fame juftices before whom fuch perfon or perfons fhall be arraigned, and by the fame jurors of the fame county that fhall try the treafon, murder or felony, whereof he, the or they fhall be fo arraigned, without any further refpite or delay, in whatfoever county or counties, place or places, the matter of the fame pleas be fuppofed or alledged.

lenge not to exceed twenty,

XV. And be it further enaded by the authority cforefaid, Peremptory chal. That no perfon arraigned for any murder or felony, fhall be admitted to any peremptory challenge above the number of twenty; and if any perfon arraigned for any murder or felony, fhall peremptorily challenge above the number of twenty of the jurors returned for the trial of fach perfon, fuch challenge fhall be difallowed, and the trial fhall proceed as if no fuch challenge had been made.

XVI. And be it further enadied by the authority aforefaid, That no indictor of any perfon or perfons, for any crime or offence whatsoever, fhall be put upon the inqueft for the trial of fuch perfon or perfons, if he be challenged for the fame cause, by him, her or them fo indicted.

to felons, and com

XVII. And be it further enacted by the authority aforefaid. Witnefs allowed That every person who fhall be arraigned or tried of or for pellable to appear. any felony, fhall be admitted to make any proof that he or fhe can produce, by lawful witness or witneffes, who shall then be upon oath, for his or her juft defence in that behalf; and fhall have the like process of the court where he or fhe fhall be tried, to compel his or her winefles to appear for him or her at fuch trial, as is ufually granted to compel witnefies to appear against him or her.

XVIII. And be it further enated by the authority aforefaid, That from henceforth the words, with force and arms, or any fuch like words, fhall not of neceffity be put or comprifed in any inquifition or indictment of treafon, murder, felony, trefpals, or any other offence; and that no party or parties, being hereafter indicted of any offence, fhall have or take any advan tage, by writ or writs of error, plea or other wife, to annul or avoid any fuch inquifition or indictment, for that that the words, with force and arms, or any fuch like words, fhall not be put or comprised in the faid inquifitions or indictments; but that the fame inquifitions and indictments, and every of them, lacking the faid words, with forte and arms, or any fuch like words, shall from henceforth be taken, deemed and adjudged, to all intents, conftructions and purposes, as good and effectual in the law, as the fame inquifitions and indictments having the faid words, with force and arms, comprised and put in every of the fame inquifitions and indictments, were, or heretofore have been taken, deemed or adjudged.

XIX. And be it further enabled by the authority aforefaid, That if any felon or felons do rob or take away any money, goods or chattels, from any perfon or perfons, from the perfon or otherwife, and the faid felon or felons be thereof indicted, and after arraigned of the fame felony, and found guilty thereof, or otherwife attainted, by reafon of evidence given by the patty 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, fhall be restored to his or her faid money, goods and chattels; and that as well juftices of gaol delivery, as other juftices before whom any fuch felon or felons fhall be found guilty, or otherwife attainted, by reafon of evidence given by the party fo robbed, or owner, or by any other by his or her procurement, fhall have power by this act, to award, from time to time, writs of reftitution for the faid money, goods and chattels, in like manner as if fuch felon or felons were attainted at the fuit of the party in appeal,

XX. And whereas the honeft and faithful citizens of this flate, are often charged and burthened in conveying felons, and other malefactors and offenders against the laws, unto the gaol, when the fame offenders have goods and chattels of their own, whereby to defray the fame charge themfelves, which tends to the encouragement of fuch offenders, and to the difcouragement of the faid honeft and faithful citizens, in profecuting the faid felons, malefactors and offenders; Therefore, Be it further enacled by the authority oforefaid, That all and every perfon and perfons whomfoever, who fhall be committed to the common or ufual goal, in any city or county of this ftate, by any justice or justices of the peace, for any felony, of fence or misdemeanor, having means or ability thereunto, fhall bear their own reasonable charges, for fo conveying or fending them to the faid gol, and the charges alfo of fuch as fhall be appointed to guard them to the faid gaol, and fhall guard them thither; and if any fuch perfon fo to be committed as aforefaid, fhall refufe, at the time of his or her commitment and ending to the faid gaol, to defray the faid charges, or fhall not then pay or bear the fame, then any juftice or juftices of the peace of the county, fhall and may, by writing under his or their hand and feal, or hands and feals, after conviction of the perfon fo committed, give warrant to the conftable or conftables, or either of them, of the town or place where fuch perfon fo committed, shall dwell or inhabit, or where he or fhe fhall have any goods within the fame city or county, to levy, by diftrefs and fale of the goods and chattels of the faid perfon fo to be committed, fo much money as, by the difcre

1

1

« SebelumnyaLanjutkan »