Gambar halaman
PDF
ePub

tion of the faid juftice or justices, fhall fatisfy and pay the charges of his or her conveying and fending to gaol: And when any perfon, not having goods or money within the city or county where he or fhe fhall be taken, fufficient to bear the charges of himself or herself, and of thofe who convey him or her, is committed to gaol, by warrant from any juftice or juftices of the peace, then, on application by any conftable, or other officer who conveyed him or her to gaol as aforefaid, to any juftice of the peace for the fame city or county, the juftice fhall, upon oath, examine into, and afcertain the reafonable allowances to be made to fuch conftable or other officer, both for his expences and trouble; the faid allowance for trouble not to exceed fix pence for each mile that he fhall travel to convey the faid offender to gaol, as aforefaid; and the faid juftice fhall forthwith, without fee or reward, by warrant under his hand and feal, order the treasurer of the city or county to pay the fame, which the faid treafurer is hereby required to do, as foon as he receives fuch warrant, and shall have monies in his hands.

expences, and an al

XXI. And whereas many perfons are deterred from profecuting perfons guilty of felony, upon account of the expence attending fuch profecutions, which is a great caufe and encouragement of felonies; in order, therefore, to encourage the bringing offenders to juftice, Be it further enacted by the Cours may order authority aforefaid, That it fhall and may be in the power 1 Avance for the time of the court before whom any person fhall have been tried and trouble of the and convicted of any larceny, or other felony, at the prayprofecutor, to be paid by the county; er of the profecutor, and on confideration of his circumftances, in open court, to order the treasurer of the city or county in which the offence fhall have been committed, to pay unto fuch profecutor, fuch fum of money as to the fame court fhall feem reasonable, not exceeding the expences which it fhall appear to the court, the profecutor was put unto, in carrying on fuch profecution, and making him a reafonable allowance for his time and trouble therein; which order the clerk of fuch court is hereby directed and required forthwith to make out and deliver to fuch profecutor, upon being paid for the fame, the fum of one fhilling, and no more ; and the treafurer of fuch city or county is hereby authorifed and required, upon fight of fuch order, or as foon after as he fhall have monies fufficient in his hands, forthwith to pay to fuch profecutor, or other perfon authorised to receive the fame, fuch fum of money fo ordered to be paid as aforefaid.

withefles appearing

XXII. And whereas the expence, as well as lofs of time, in attending courts of juftice, is a difcouragement to the poorer fort, to appear as witneffes againft offenders, who thereby efcape the public juftice, and the punifhment due to their crimes; therefore, Be it further enacted by the authority aforefaid, That when any poor perfon fhall appear on And alf of poor recognizance, in any court, to give evidence against anoon recognizance. ther accused of any larceny, or other felony, it fhall and may be in the power of the court, at the prayer and on the oath of fuch perfon, and on confideration of his or her circumftances, in open court, to order the treasurer of the city or county in which the offence shall have been committed, to pay unto fuch perfon, fuch fum of money as to the faid court fhall feein reasonable, for his or her time, trouble and expence; which order the clerk of fuch court is hereby directed and required forthwith to make out and deliver to fuch perfon, without fee or reward; and fuch treafurer is hereby authorised and required, upon fight of fuch order, or as foon after as he fhall have monies fufficient in his hands, forthwith to pay to fuch perfon, or other perfon authorifed to receive the fame, fuch fum of money fo ordered to be paid as aforesaid.

XXIII. And be it further enacted by the authority aforefaid, That the treasurer of each city and county fhall be allowed in his accounts, all fuch fums as he fhall pay upon any fuch warrant or order as aforesaid, which fums fhall be confidered and deemed as part of the contingent charge of fuch city or county; and that the feveral treafurers may be enabled to comply with fuch warrants and orders, the fupervisors of the feveral counties are hereby required to caufe a fum, fufficient for the purpofus aforefaid, to be raifed, levied and collected in their respective counties, yearly, in the fame manner as the contingent charges of the fame county are to be raised, levied and collected.

С НА Р. XXXVIII.

An ACT concerning Courts of Oyer and Termi er, and Gaol Delivery. Paffed 22d February, 1788. E it enacted by the people of the state of New-York, re, resented in fenute That the juftices of the fupreme court for the time being, or any or either of them, together with the mayor, recorder and aldermen of the city of NewYork, for the time being, or any three or more of them, of whom either of the juftices of the fupreme court fhall always be one, in and for the city and county of New-York, and, together with the mayor, recorder and aldermen of the city of Albany, for the time being, and the judges and affiftant juftices of the court of common pleas of the county of Albany, for the time being, or any three or more of them, of whom either of the juftices of the fupreme court fhall always be one, in and for the city and county of Albany, and, together with the judges and affiftant juftices of the refpective courts of common pleas of each and every of the other counties of this fate for the time being, or any three or more of them, of whom either of the juftices of the fupreme court fhall always be one, in and for each of the fame counties, respectively, fhall be, and hereby are authorised and empowered, by virtue of their respective offices, and this act, without any other commillion, from time to time, forever hereafter, at fuch times and places in each of the faid cities and counties refpectively, as the fame juftices of the fupreme court, or any or either of them hall, hold the circuit court in the fame cities or counties refpectively, to enquire, by the oath of good and lawful men, of the fame cities and counties refpectively, and by other ways, methods and means, by whom and by which the truth of the matter may be the better known, of whatsoever treasons, mifprifion of treafons, infurrections, rebellions, murders, felonies, homicides, killings, burglaries, rapes of women, counterfeitings, unlawful congregations and affemblies, mifprifions, confederacies, falle allegations, trefpafles, riots, routs, extortions, efcapes, contempts, falfities, negligencies, concealinents, maintenances, oppreffions, champerties, confpiracies, deceits, and other mifdoings, offences and injuries whatsoever, and alfo of the acceffaries to them, in the fame cities and counties refpec tively, by whom foever and howfoever had, done, perpetrated or committed, or at any time hereafter, to be had, done, perpetrated or committed, and by whom, to whom, when, where and how, and in what manner; and of all other articles and circumftances concerning the premifes and every of them, or any one or more of them, in any manner whatsoever; and the laid treafons, and other the premifes, to hear and determine according to the law Vol. II.

L

of this state, doing therein that which to juflice doth or fhall appertain; and alfo to deliver the gaols in the fame cities and counties refpectively, of the pri foners therein then being, doing therein what to juftice doth or fhall appertain, according to the law of this ftate. And further, That each and every of the faid courts fhall be held and continued in each and every of the faid cities and counties, for fo long time at each feffion, as may be neceffary to dispatch the bufinefs in the fame city or county, whether the circuit court for trial of iffues in the fame city or county, be then fo long continued or not. 11. And be it further enacted by the authority aforesaid, Sheriffs duty. That the theriff of the city and county of New-York, for the time being, and the respective sheriffs of each and every of the other counties in this state, for the time being, fhall caufe to come before the justices of the fupreme court for the time being, and fuch other perfons as are by this act authorised and empowered to enquire, hear and determine as aforefaid, and to deliver the gaols in the feveral cities and counties of this flate refpectively, as aforefaid, or any three or more of them, of whom either of the juftices of the fupreme court fhall always be one, at every circuit court to be held in the fame cities and counties respectively, twenty-four good and lawful men of the fame cities and counties refpectively, to enquire for the people of the state of New-York, and the bodies of the fame cities and counties refpectively, and to do and receive all thofe things which, on the behalf of the people of the state of New-York, fhall be then and there enjoined them; and alfo all the prifoners then being in the faid gaols refpectively, together with their attachments, indictments, and all other minuments, any ways concerning thofe prifoners; and likewife fo many good and lawful men of the fame cities and counties refpectively, duly qualified to ferve as jurors in the fame cities and counties, as the fame juftices of the fupreme court, and other perfons hereby authorised and empowered to enquire, hear and determine as aforefaid, and to deliver the fame gaols as aforefaid, or any three or more of them, of whom either of the juftices of the fupreme court always to be one, fhall, from time to time, direct, by whom the truth of the matter may be the better known and enquired into, and who have no affinity to thofe prifoners. And the faid refpective theritis fhall caufe to be publicly proclaimed, throughout their respective bailiwicks and counties, that all thofe who will profecute against thofe prifoners, be then and there to profecute against them as fhall be juft; and fhall alfo give notice to all juttices of the peace, coroners, bailiffs and conftables within their respective bailiwicks and counties, that they be then and there in their own perfons, with their rolls, records, indictments, and other remembrances, to do thofe things which to their offices in that behalf fhall appertain to be done. And the faid refpective fheriffs, and their refpective under fheriffs, together with their respective bailiffs, and other officer, fhall then and there attend in their own proper perfons, to do thofe things which to their offices do or fhall appertain in that Clerk of the fupreme behalf to be done. And further, That the clerk of the court, to iffue pre- fupreme court for the time being, fhall, from time to time, fheriff's for the pur- as foon as conveniently may be, after any and every circuit court fhall be appointed to be held in the respective cities and counties of this ftate, and at leaft fifteen days before the time of holding the faid courts, respectively, in the faid respective cities and counties, iffue precepts under the feal of the fame fupreme court, directed to the respective fheriffs of the fame cities and counties refpectively, for the purposes aforefaid, mentioning the day and place when and where the fame courts are to be

cepts to the refpective

poles afore faid.

held, and commanding the fame fheriffs refpectively, to do what is hereby required of them; and that the faid precepts fhall always be in the name of the people of the state of New-York, and be tefled in the name of the chief juftice of the fame fupreme court. Provided, That in cafe the office of chief juftice fhall be vacant, the precepts fhall be tefted in the name of the next fenior juftice of the faid fupreme court.

er, alderinan, judge

of his own city or

county.

III. And be it further enacted by the authority aforefaid, That nothing in this act fhall extend to authorife the mayor, recorder and aldermen of the city of New-York, or any or either of them, to fit or act No mayor, record as juftices of the faid courts of oyer and terminer, and gaol or affiftant juftice, to delivery, or either of them, in any place out of the city of be a commilioner out New-York; nor to authorife the mayor, recorder and aldermen of the city of Albany, or any or either of them, or the judges and affiftant juftices of the court of common pleas of the county of Albany, or any or either of them, to fit or act as justices of the faid courts of oyer and terminer, and gaol delivery, or either of them, in any place out of the faid county of Albany; nor to authorife the judges and affiftant juftices of the courts of common pleas of any of the other counties of this ftate, or any or either of them, to fit or act as juftices of the faid courts of oyer and terminer, and gaol delivery, or either of them, in any place out of their respective counties.

IV. And be it further enacted by the authority aforesaid, That it fhall and may be lawful for the perfon adminiftring the government of this ftate for the time being, by and with the advice and confent of the council of appointment for the time being, to grant and iffue commiflions of oyer and terminer, and gaol delivery, or either of them, in the manner and form heretofore used, at any time or times hereafter, when and as often as occafion fhall require: But the juftices of the fupreme court for the time being, fhall always be named in fuch commiffions as the juflices or commiffioners, with fuch others as the perfon adminiflring the government of this flate, by and with the advice and confent of the council of appointment, may think proper to execute the fame; and no fuch commiffion fhall at any time be executed, nor any proceedings thereupon had, without the prefence of one or more of the juftices of the fupreme court.

terminer may direct

V. And be it further enacted by the authority aforefúð, Courts of oyer and That it fhall and may be lawful for the juflices hereby autheir process into any thorized and empowered to enquire, hear and determine city or county. felonies as aforefaid, and for all other juftices who fhall be duly affigned to hear and determine any fuch felonies, to direct their writs into all the cities and counties of this ftate, where need fhall be, to arreft and take fuch perfons as fhall be indicted or appealed before them, or any of

them.

VI. And be it further enacted by the authority aforefaid, That no manner of procefs or fuit, made, fued or had, or hereafter to be made, fued or had, before any juftices of affife, juftices of gaol delivery, oyer and terminer, or other commiffioners of the people of this ftate, fhall in any wife be dif continued by the making and publishing of any new commiffion or affociation, or by altering the names of the juftices of aflife, gaol delivery, and oyer and terminer, or other commiffioners, but that the new juftices of aflife, gaol delivery, oyer and terminer, and other commiffioners, fhall and may proceed, in every behalf, as the old juftices and commiflioners might have done, if their commiftions and authority had fill remained and continued not altered.

Juftices of gaol delivery to give judg m tagamit peifing

Convicted others.

before

VII. And be it further enacted by the authority aforesaid, That in all cafes where any perion or perfons heretofore have been, or hereafter fhall be found guilty of any manner of treafon, murder, rape, or other felony whatfoever, for which judgment of death fhould or may enfue, and fhall be reprieved without judgment at that time given against him, her or them, fo found guilty, that thole perfons who, at any time hereafter, fhall, by virtue of this act, deliver the gaol where any fuch perfon or perfons fo found guilty, fhall remain, or thole perfons who fhall, at any time hereafter, by commiflion, be afligned juices to deliver the fame gaol, fhall have full power and authority to give judgment of death againit fuch perfon and perfons fo found guilty and reprieved, as the fame juflices before whom fuch perfon or perfons was or were found guilty, might have done, if their commiflion or authority had remained and continued in full force and ftrength.

VIII. And be it further enced by the authority aforefaid, That the juftices of affife, gaol delivery, and oyer and terminer, fhall, once in every year, fend all their records and procetics, determined and put in execution, to the exchequer, there to remain of record.

IX. And be it further enacted by the authority aforefaid, That no perfon, little or great, fhall fit upon the bench with the juffices to take affifes, or with the justices of oyer and terminer, and gaol delivery, in their feffion, upon pain of fine and imprisonment. And the faid juftices are hereby charged, that they do not fuffer any perfon to fit with them on the bench in their feffion, contrary to the intent of this act.

very may try prifon

X. And be it further enaled by the authority aforefaid, Courts of gaol deli- That the faid courts of general gaol delivery, in the feveral ere indicted before cities and counties, fhall have power to deliver the gaols of Juftices of the peace. thofe prifoners who fhall be indicted before the juflices of the peace, in the fame cities and counties refpectively.

ch. 13

CHA P. XXXIX.

Continued 13th feff. An ACT to continue the Als for the Appointment of an
Audior, and the Seulement of the Public Accounts of this
State.
Palled 22d February, 1788.

I.

E it enalled by the people of the fate of New-York, reprefented in fenate 9th feff. ch. 20. That the act, entitled, † An act further to continue and amend an act, entitled, An act for the appointment of an auditor, and the fettlement of the public accounts of this ftate, fhall be, and hereby is continued in full force and virtue, to all intents and purposes, until the twenty-first day of March, which will be in the year of our Lord one thousand feven hundred and ninety.

Il. And be it further enacted by the authority aforefaid, That the time limited for the payment of quit rents, and commutation for annual quit rents, in and by the firft fection of the act, entitled, ‡ An act to 10th feff. ch. 76. amend an act, entitled, An act for the collection and commutation of quit rents, fhall be, and hereby is extended to the first day of May, which will be in the year one thoufand feven hundred and eightynine. And further, That it fhall and may be lawful for the auditor of this flate for the time being, and he is hereby required to do and perform every act, matter and thing, which the treasurer is directed to do and perform in 9th fell. ch.23. and by the faid act, and in and by the act, entitled, || An act for the collection and commutation of quit rents.

« SebelumnyaLanjutkan »