Gambar halaman
PDF
ePub

tion of the said justice or justices, shall fatisfy and pay the charges of his or her conveying and sending to gaol: And when any person, not having goods or money within the city or county where he or she shall be taken, fuiñcient to bear the charges of himself or herself, and of those who convey him or her, is committed to gaol, by warrant from any juflice or justices of the peace, then, on application by any conftable, or other officer who conveyed him or her to gaol as aforefaid, to any justice of the peace for the same city or county, the justice shall, upon oath, examine into, and ascertain the reafonable allowances to be made to such constable or other officer, both for his expences and trouble; the said allowance for trouble not to exceed fix pence for each mile that he shall travel to convey the faid offender to gao!, as aforesaid ; and the said justice shall forthwith, without fee or reward, by warrant imder his hand and seal, order the treasurer of the city or county to pay the same, which the said treasurer is hereby required to do, as soon as lie receives such warrant, and shall have monies in his lands.

XXI. And whereas many persons are deterred from profecuting perfons guilty of felony, upon account of the expence attending luch prosecutions, which is a great cause and encouragement of selonies; in order, therefore, to encourage the bringing offenders to justice, Be it further enacted by the

Cours may order authorily aforefi.id, That it Mall and may be in the power l avance for the time of the court before whom any person shall have been tried protecutor, to be paid and convicted of any larceny, or other felony, at the prayby the county ;

er of the prosecutor, and on consideration of his circumftances, in open court, to order the treasurer of the city or county in which the offence shall have been committed, to pay unto such prosecutor, such sum of money as to the fame court shall seem reasonable, not exceeding the expences which it shall appear to the court, the prosecutor was put unto, in carrying on such prosecution, and making him a reafonable allowance for his time and trouble therein ; which order the clerk of such court is hereby directed and required forthwith to make out and deliver to fuch profecutor, upon being paid for the fame, the fun of one shilling, and no more ; and the treafurer of fuch city or county is hereby authorised and required, upon tight of such order, or as soon after as he shall have monies sufficient in his hands, forth with to pay to such prosecutor, or other person authorised to receive the same, such íum of money fo ordered to be paid as aforesaid.

XXII. And whereas the expence; as well as loss of time, in attending courts of justice, is a discouragement to the poorer fort, to appear as witnerfes againit offenders, who thereby escape the public justice, and the punishment due to their crimes; therefore, Be it furiher enated by the autho

rity aforefaid, Thar when any poor person shall appear on And calmant pour recognizance, in any court, to give evidence against anoon recognizarıce. ther accused of any larceny, or other felony, it shall and may be in the power of the court, at the prayer and on the oath of such perion, and on consideration of his or her circumstances, in open court, to order the treasurer of the city or county in which the offence shall have been committed, to pay unto such person, such sum of money as to the Laid court shall seein reasonable, for his or her time, trouble and expence; which order the clerk of such court is hereby directed and required forthwith to make out and deliver to such person, without fee or reward; and fuch treafurer is hereby authorised and required, upon sight of such order, or as soon after as he shall liave monięs sufficient in his hands, forthwith to pay to fuch person, or other person authorised to receive the same, such sum of money so ordered to be paid as aforesaid.

XXIII. Ad be it further ended by the authority aforeferid, That the treaturer of each city and county shall be allowed in his accounts, all such fums as he shall pay upon any ruch warrant or order as aforesaid, which fums shall be considered and deemed as part of the contingent charge of such city or county; and that the several treasurers may be enabled to comply with fuch warrants and orders, the supervisors of the several counties are hereby required to cause a fum, fufficient for the purposes aforesaid, to be raised, levied and collected in their respective counties, yearly, in the fame manner as the contingent charges of the same county are to be raised, levied and collected.

CHA P. XXXVIII. An ACT concerning Courls of Oyer and Terminer, and Gaol Delivery.

Palled 22d February, 1788. 1. de

and alienbly, and it is hereby ended by the uithority of the lanie, That the justices of the supreme court for the time being, or any or either of them, together with the mayor, recorder and aldurmen of the city of NewYork, for the time being, or any three or more of them, of whoin either of the justices of the ripreme court shall 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 alliftant justices of the court of common pleas of the couniy of Albany, for the time being, or any three or more of them, of whom either of the justices of the Supreme court shall always be one, in and for the city and county of Albany, and, together with the judges and affiftant justices of the respective courts of common pleas of each and every of the other counties of this fare for the time being, or any three or more of them, of whoin either of the justices of the supreme court shall always be one, in and for each of the fame countice, respectively, shall 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 such times and places in each of the faid cities and counties respectively, as the same justices of the supreme court, or any or either of them (hall, hold the circuit court in the fame cities or coun. ties respectively, to enquire, by the oath of good and lawful men, of the same cities and counties respectively, and by other ways, methods and means, by whom and by which the truth of the inatter may be the better known, of whatsoever treasons, inisprision of treasons, insurrections, rebellions, murders, felonies, homicides, killings, burglaries, rapes of women, counterfeitings, unlawful congregations and allemblies, mispritions, contede. facies, falie allegations, trespailes, riots, routs, extortions, escapes, contempts, falsities, negligencies, concealments, maintenances, oppresons, champerties, conspiracies, deceits, and other misdoings, offences and injuries whattoever, and also of the accelfaries to them, in the fame cities and counties respece tively, by whomsoever and howsoever had, done, perpetrated or comimitied, or at any time hereafter, to be had, done, perpetrated or committed, and by whom, to whom, when, where and low, and in what inanner; and of all other articles and circumstances concerning the premises and every of them, or any one or more of them, in any manner whatsoever; and the said treafons, and other the premises, to hear and determine according to the law Vol. II.

L

of this state, doing therein that which to justice doth or fhall appertain ; an i also to deliver the gaols in the same cities and counties respectively, of the prifoners therein then being, doing therein what to justice doth or shall appertain, according to the law of this state. And further, That each and every of the said courts shall be held and continued in each and every of the said cities and counties, for so long time at each fellion, as may be neceffary to di/patch the business in the same city or county, whether the circuit court for trial of illues in the fame city or county, be then so long continued or not.

II. And be it furnher enalled by the authority aforesaid, Sheriffs daty. That the sheriff 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, shall cause to come before the juitices of the supreme court for the time being, and such other persons as are by this act authorised and empowered to enquire, hear and determine as aforesaid, and to deliver the gaols in the several cities and counties of this state respectively, as aforesaid, or any three or more of them, of whom either of the justices of the supreme court shall always be one, at every circuit court to be held in the same cities and counties respectively, twenty-four good and lawful men of the same cities and counties respectively, to enquire for the people of the state of New York, and the bodies of the fame cities and counties respectively, and to do and receive all those things which, on the behalf of the people of the state of New-York, shall be then and there enjoined thein; and also all the prisoners then being in the said gaols respectively, together with their attachments, indictments, and all other minuments, any ways concerning those prisoners; and likewise so many good and lawful men of the fame cities and counties respectively, duly qualified to serve as jurors in the fame cities and counties, as the same justices of the supreme court, and other persons hereby authorised and empowered to enquire, hear and determine as aforesaid, and to deliver the fame gaols as aforesaid, orany three or more of them, of whom either of the justices of the supreme court always to be one, shall, from time to time, direct, by whom the truth of the matter may be the better known and enquired into, and who have no aitinity to those prisoners. And the said respective sheriffs shall čause to be publicly proclaimed, throughout their respective bailiwicks and counties, that all those who will prosecule against those prisoners, be then and there to prosecute against them as Niall he just ; and shall also give notice to all justices of the peace, coroners, bailiffs and constables within their respective bailiwicks and counties, that they be then and there in their own persons, with their rolls, records, indictments, and other remembrances, to do those things which to their offices in that behalf shall appertain to be done. And the said respective sheriffs, and their respective under sheriffs, together with their respective bailiffs, and other oficer, shall then and there attend in their own proper persons, to do those things which to their offices do or shall appertain in that Clerk of the fupreme

behalf to be done. And further, That the clerk of the courteen vue supreme court for the time being, shall, from time to time, teritt for the pur. as soon as conveniently may be, after any and every circuit poles afort fad.

court shall be appointed to be held in the respe&ive cities and counties of this state, and at least fifteen days before the time of holding the faid courts, respectively, in the faid respective cities and counties, iflue precepts under the seal of the fame supreme court, directed to the respective Theriffs of the same cities and counties reipectively, for the purposes aforesaid, mentioning the day and place when and where the faine courts are to be

held, and commanding the same sheriffs respectively, to do what is hereby required of them; and that the said precepts shall always be in the name of the people of the state of New York, and be telled in the name of the chief justice of the fame supreme court. Provided, That in case the office of chief justice shall be vacant, the precepts shall be telted in the name of the next fenior juftice of the said supreme court.

III. And be it further enated by the authority aforesaid, That nothing in this act shall extend to authorise the mayor, recorder and alderınen of the

city of New-York, or any or either of them, to fit or act No mayor, recorder, alderman, judge

as justices of the faid courts of oyer and terminer, and gaol or atlittane juftice, to delivery, or either of them, in any place out of the city of be a commúlienter of New-York; nor to authorise the mayor, recorder and alcounty.

dermen of the city of Albany, or any or either of them, or the judges and allifiant justices 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 said courts of oyer and terminer, and gaol delivery, or either of them, in any place out of the said county of Albany; nor to authorise the judges and a liftant juftices of the courts of common pleas of any of the other counties of this state, or any or either of them, to fit or act as justices of the said courts of oyer and terminer, and gaol delivery, or either of tliem, in any place out of their respective counties.

IV. And be it firrther endded by the authority aforesaid, That it shall and may be lawful for the person administring the government of this state for the time being, by and with the advice and consent of the council of appointment for the time being, to grant and issue commillions of oyer and terminer, and gaol delivery, or either of them, in the manner and forin heretofore used, at any time or times hereafter, when and as often as occafion shall require: But the justices of the supreme court for the time being, shall always be named in such commisfions as the juslices or commissioners, with such others as the person administring the government of this state, by and with the advice and consent of the council of appointment, may think proper to execute the same; and no such commission shall at any time be executed, nor any proceedings thereupon had, without the presence of one or more of the justices of the supreme court.

V. And le it further enacted by the authority aforefinid, Courts of oger and That it shall and may be lawful for the justices hereby autirir process into any thorized and empowered to enquire, hear and deiermine

felonies as aforesaid, and for all other justices who shall be duly assigned to hear and determine any such felonies, to direct their writs into all the cities and counties of this ftate, where need Mall be, to arrest and take fuch persons as shall be indicted or appealed before thein, or any of them.

VI. And be it further enated by the authority aforefuid, That no manner of process or suit, made, fued or had, or hereafter to be made, fued or had, before any justices of aflife, justices of gaol delivery, oyer and terminer, or other commissioners of the people of this state, Mall in any wise be discontinued by the making and publishing of any new commiflion or affociation, or by altering the names of the justices of aslise, gaol delivery, and oyer and terminer, or other commissioners, but that the new jutices of aflile, gaol delivery, oyer and terminer, and other commiflioners, shall and may proceed, in every buhalf, as the old juftices and commiflioners might have done, if their conmillions and authority had hill remained and continued not altered.

city or county.

[ocr errors]

Quicted otiers.

Justices of gaol de VII. And be it further enated by the authority aforesaid, livery to give janig. mataga ut pertine That in all cases where any perion or persons hererotore

have been, or hereafter hall be found guilty of any manner

of treason, murder, rape, or other felony whatsoever, for which judgment of death should or may ensue, and shall be reprieved without judgnient at that time given againit him, her or them, so found guiliy, that those persons who, at any time liereafter, shall, by virtue of this act, deliver The glol where any such person or persons so found guilty, shall remain, or thule persons who thail, at any time hereafter, by commision, be afligned juitices to deliver the fame gaol, shall have full power and authority to give judginent of death againit such person and persons fo found guilty and reprieved, as the fame jusices before whom such person or persons was or were found guilty, might have done, if their commiflion or authority had remained and continued in full force and strength.

VIII. And be il further ended by the authority oforesaid, That the justices of aflife, giol delivery, and oyer and terminer, mall

, once in every year, fent all their records and procelles, determined and put in execution, to the exchequer, there to remain of record.

IX. And bc i further ended by the authority aforesaid, That no person, liitle or great, shall fit upon the bench with the justices to take afifes, or with the justices of oyer and terminer, and gaol delivery, in their fetiion, upon pain of fine and imprisonment. And the faid justices are hereby charged, that they do not fuiter any person to fit with them on the bench in their fession, contrary to the intent of this act.

X. And be it further ena led by the authority afurefaid, Courts of gaol deli. That the said courts of general gaol delivery, in the several indicted before cities and counties, shall have power to deliver the gaols of justices of the peace. thole prisoners who Ihall be indicted before the justices of the peace, in the same cities and counties respectively.

С НА Р. XXXIX.
Continued 13th Self. An ACT 10 continue the Aits for the Appointment of anz

Audior, and the Settlement of the Public Accounts of this
State.

Pailed 22d February, 1788.
I. E it endled by the people of the state of New-York, represented in fenate

and offcmbly, and it is hereby enacted by ihe authority of the same, + guli feff. ch. 20.

That the act, entitled, † An act further to continue and

amend an act, entitled, Aw act for the appointment of an auditor, and the settlement of the public accounts of this state, shall 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 seven hundred and ninety.

II. And bc it further cnutied by the authority aforcfaid, That the time limited for the payment of quit rents, and commutation for annual quit rents,

in and by the first section of the act, entitled, An act to # 10th feli: chi, 76.

amend an act, entitled, An act for the collection and commutation of quit rents, shall be, and hereby is extended to the first day of May, which will be in the year one thousand seven hundred and eightynine. And further, That it shall 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 19th fell. ch. 33

and by the said act, and in and by the act, entitled, || An act for the collection and commutation of quit rents.

[ocr errors]
« SebelumnyaLanjutkan »