fish market on Sunday, and the faid other forfeitures or penalties, to the overfeers of the poor of the city or town where the faid offence or offences fhall have been committed, for the ufe of the poor thereof. And in cafe no fuch diftrefs can be had, then every fuch offender fhall, by a warrant under the hand and feal of the faid juftice, mayor, recorder or alderman, be fet publicly in the ftocks, by the space of two hours. And further, That if any perfon fhall be found Perfons found fifth fifhing, fporting, horfe-racing, hunting, gunning, or going ing, &c. or going to to or returning from any market or landing with carts, how to be dealt with. Waggons or fleds, on the first day of the week, called Sunday, it fhall be lawful for any conftable or other citizen, to ftop every perfon fo offending, and to detain him or her until the next day, and then to carry or convey him or her to fome juftice of peace, to be dealt with according to law. Provided always, That no perfon going to, or returning from any church or place of worship, within the distance of twenty miles, or going to call a phyfician, furgeon or midwife, or carrying a mail to or from any poft-office, or going exprefs by order of any public officer, fhall be confidered as travelling within the meaning of this act. turday as holy time, &c. II. And be it further enacted by the authority aforefaid, Perfons keeping Sa- That if any perfon charged with having laboured or workmay work on Sunday, ed on the faid first day of the week called Sunday, and fhall be brought before a juftice of the peace to answer to fuch charge, and fhall then and there prove, to the fatisfaction of the faid juftice, that he or she uniformly keeps the last day of the week as holy time, and does not labour or work on that day, then fuch defendant shall be discharged. Provided always, That the work or labour with which he or she is charged, has not difturbed other perfons in the obfervance of the first day of the week, as holy time. except for treadon, the peace, to be exe. III. And be it further enacled by the authority aforefaid, No writs or procefs, That no perfon or perfons, upon the first day of the week, flony, or breach of commonly called Sunday, fhall ferve or execute, or caufe cuted on Sunday. to be ferved or executed, any writ, process, warrant, order, judgment or decree (except in cafes of treafon, felony, or breach of the peace) but that the fervice of every fuch writ, procefs, warrant, order, judgment or decree, fhall be void, to all intents and purpofes whatfoever; and the perfon or perfons fo ferving or executing the fame, fhall be as liable to the fuit of the party grieved, and to answer damages to him for doing thereof, as if he or they had done the fame, without any writ, process, warrant, order, judgment or decree at all. fwearing, liable to a fine. IV. And be it further enacted by the authority aforefaid Perfons curfing or That if any perfon or perfons fhall, at any time or times hereafter, profanely fwear or curfe, and be thereof convicted, by the confeffion of the party offending, or on the oath of any one or more witness or witnesses, or in the manner herein after mentioned, before any juftice of the peace for any county, or any mayor, recorder or alderman of any city in this ftate, every perfon fo offending fhall, for every fuch offence, forfeit and pay, to the ufe of the poor of the city or town where fuch offence or offences fhall be committed, the fum of three fhillings. in prefence of a juf V. And be it further enacted by the authority aforefaid, Perfans offending That in cafe any perfon fhall profanely fwear, or curfe, in tice, to be convicted the prefence and hearing of any juftice of the peace for any without further proof. county, or in the prefence and hearing of any mayor, recorder or alderman of any city, while in the execution of his office, every fuch juftice of the peace, mayor, recorder or alderman, fhall, and is hereby authorised and required to convict every fuch offender of fuch offence, without any other proof whatfoever. VI. And be it further enacted by the authority aforefaid, That in cafe any perfon who fhall be convicted of profanely fwearing or curfing, fhall not iminediately pay down the refpective fums fo forfeited, with the charges of fuch conviction, or give fecurity, to the fatisfaction of the juftice, mayor, recorder or alderman before whom fuch conviction is had, for the payment thereof within fix days, then every fuch offender, being above the age of fixteen years, fhall, by warrant under the hand and feal of fuch justice, mayor, recorder or alderman, be fet publicly in the flocks, by the space of one hour for every fingle offence, and for any number of offences, whereof any fuch offender fhall be convicted at one and the fame time, two hours; but if the offender shall not be above the age of fixteen years, and shall not forthwith pay the faid forfeitures, or give fecurity for payment thereof, the parent or master fhall pay the fame, to be recovered as aforefaid. VII. And be it further enadled by the authority aforefaid, That if any perfon fhall be drunk, and of the fame offence of drunkennefs fhall be lawfully convicted, before any juftice of the peace for the county, or before the mayor, recorder, or any alderman of the city wherein fuch offence fhall be committed, either upon the view of fuch juftice, mayor, recorder or alderman, or upon the confeffion of the party offending, or proof of any one or more witnefs or witnelles, on oath, every perfon fo offending, fhall forfeit and pay, for every fuch offence, three fhillings, to the ufe of the poor of the city or town wherein fuch offence shall be committed. And in cafe any perfon who shall be convicted of drunkennefs as aforefaid, fhall not immediately pay down the fum fo forfeited, with the charges of fuch conviction, or give fecurity, to the fatisfaction of the juftice, mayor, recorder or alderman before whom fuch conviction is had, for the payment thereof within fix days, every fuch offender fhall, by warrant under the hand and feal of fuch juftice, mayor, recorder or alderman, be fet publicly in the flocks, by the space of two hours. VIII. And be it further enacled by the authority aforefaid, That every juftice of the peace, mayor, recorder or alderman, fhall, immediately upon information given, upon oath of any conftable or other peace officer, or of any other perfon whatsoever, caufe the offender and offenders against this act, to appear before him, and upon fuch information being proved as aforefaid, fhall convict fuch offender and offenders in fuch manner as in and by this act is prescribed. IX. And be it further exalled by the authority aforefaid, That every juf tice of the peace, mayor, recorder and alderman, before whom any perfon or perfons fhall be, by virtue of this act, convicted of any of the offences aforefaid, fhall caufe fuch conviction to be drawn up in the form following: CITY of New-York (or Weftcheffer county, or other city or county, as the cafe may require) to wit: BE it remembered, That on the A. B. day of was convicted before me, C. D. (mayor, or, recorder, or, one of the aldermen) of the faid city (or, one ofthe juftices of the peace of the faid county) of crying (or, fhewing forth, or, expofing to fale) one (or, two, or more, fpecifying the number, quantity and kind of goods) on a Sunday, in the faid city (or, the town of in the faid county (or, of travelling, or, doing fervile work, or, labour; or, of fhooting, filling, fporting, playing, horl racing, hunting, or, frequenting tipling-houfes, or, ufing fome unlawful exercie, or, pallime) on Sunday; or, of fwearing one (or, two, or more) profane oath (or, oaths) or, of curfing one (or, two, or more) profane curfe (or, curfes) or, of having been drunk in the faid city (or, at the town of in the faid county) as the cafe may require. Given under my hand and feal, the day and year above faid. And fuch conviction fhall not be liable to be removed by certiorari into the fupreme court, but fhall be deemed and taken to be final, to all intents and purpofes whatsoever. X. And be it further enadled by the authority aforefaid, That all charges of the information, and conviction of any fuch offender, fhall be borne and paid by the party offending, if able, over and above the penalties inflicted by this act, which charges fhall be fettled and afcertained by the juftice, mayor, recorder or alderman before whom fuch conviction fhall be had, but shall inno cafe exceed in the whole, three fhillings. And the juftice, mayor, recorder or alderman before whom any proceedings fhall be had upon this act, or his clerk, may take for the information, fummons, conviction and warrant thereupon, one filling, and no more; and if the offender fhall be fet in the flocks for the fame offence, no charges whatfoever fhall be paid by any perfon whomfoever. XI. ind be it further enacted by the authority aforefaid, That it fhall and may be lawful for every fuch offender, to pay the faid forfeitures and charges to the justice, mayor, recorder or alderman before whom fuch conviction is had; and fuch juftice, mayor, recorder or alderman, fhall receive the fame, and as foon as conveniently may be, pay the fame forfeitures to the overfeers of the poor of the city or town where fuch offence was committed, for the ufe of the poor thereof. crs, recorders and al pur this act in execution. XII. And be it further enalled by the authority aforefaid, All juftices, may- That all and every juftice of the peace for the county, and dermen, required to every mayor, recorder or alderman of the city, wherein any fuch offence fhall be committed, may, and they are hereby refpectively authorised and required to put this act in execution, against any perfon or perfons within their respective jurifdictions, although fuch juftice, mayor, recorder or alderman, fhall be rated and pay to the relief of the poor of the city or town where any offence, contrary to the true intent and meaning of this act, shall be committed; any law or ftatate to the contrary notwithstanding. XIII. And be it further enacted by the authority aforesaid, That no perfon fhall be profecuted or troubled for any offence again this act, unless the fame be proved or profecuted within twenty days next after the offence committed. XIV. And be it further enacled by the authority aforefaid, That if any fuit or action fhall be commenced or brought against any juftice of the peace, mayor, recorder, alderman, conftable, or other officer or perfon whatsoever, for doing, or caufing to be done, any thing in purfuance of this act, concerning any of the laid offences, the defendant in fuch action or fuit, may plead the general iffue, and give the special matter in evidence: And if in any fuch action or fuit, a verdict shall be given for the defendant, or the plaintiff become nonfuit, or discontinue his action, then the defendant fhall have treble cofts. CHA P. XLIII. An ACT for the Limitation of Criminal Frofecutions, and of Allions and WHEREAS it is of crefore, THEREAS it is neceffary for the peace of fociety, that certain times January, 1800, no next after their title 1. Be it enacted by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the people of the fate of New-York fhall not, nor will, at any After the first of time after the first day of January, which will be in the fust to be brought by year one thousand eight hundred, fue, impeach, queftion or the people of this flate for lands, but implead, any perfon or perfons, bodies politic or corpowithin forty years rate, for or in any wife concerning any manors, lands, hall have accrued. tenements, rents or hereditaments whatfoever (other than liberties or franchifes) or for or in any wife concerning the revenues, iffues or profits thereof, or make any title, claim, challenge or demand, of, in or to the fame, or any of them, by reafon of any right or title which hath not firft accrued and grown, or which fhall not thereafter firtt accrue and grow within the space of forty years next before the filing, iffuing or commencing of every fuch action, bill, plaint, information, commiffion, or other fuit or proceeding, as fhall, at any time or times thereafter, be filed, iffued or commenced for recovering the fame, or in refpect thereof, unless the people of the state of New-York, or fome other perfon or perfons, bodies politic or corporate, under whom the people of the ftate of New-York any thing have, or lawfully claim, or thereafter fhall have or lawfully claim, have or fhall have been answered, by force and virtue of any fuch right or title to the fame, the rents, revenues, iffues or profits thereof, or the rents, iffues or profits of any manors or other hereditaments, whereof the premises in queftion fhall be part or parcel, within the faid fpace of forty years. And further, That all and every perfon or perfons, bodies politic or corporate, their heirs and fucceffors, and all claiming by, from or under them, or any of them, for and according to their and every their feveral eftates and interefts, which they have, or claim to have, or hereafter fhall or may have, or claim to have in the fame refpectively, fhall, at all times hereafter, quietly and freely have, hold and enjoy, against the people of the ftate of NewYork, claiming, by any title which hath not firft accrued or grown, or which fhall not thereafter firft accrue or grow within the space of forty years, all and fingular the manors, lands, tenements, rents and hereditaments whatfoever (other than liberties and franchifes) which he or they, or his or their, or any of their ancestors or predeceffors, or thofe from, by or under whom he or they do, or hereafter fhall claim or have, or hereafter shall have held or enjoyed, or taken the rents, revenues, iffues or profits thereof, by the space of forty years next before the filing, iffuing or commencing of every fuch action, bill, plaint, information, commiffion, or other fuit or proceeding, as fhall, at any time or times thereafter, be filed, iffued or commenced for recovering the fame, or in refpect thereof, unless the people of the flate of New-York, or fome other perfon or perfons, bodies politic or corporate, under whom the people of the ftate of New-York any thing have or lawfully claim, or hereafter fhall have or lawfully claim, in the faid manors, lands, tenements, rents or hereditaments, by force of any right or title, have been, or fhall have been answered, by virtue of any fuch right or title, the rents, revenues, iffues or other profits thereof, within the faid space of forty years. And further, That all and every perfon or perfons, bodies politic and corporate, their heirs and fucceffors, and all claiming or to claim, by, from and under them, or any of them, for and according to their and every of their feveral eftates and interefts, which they have or claim, or hereafter fhall or may have or claim respectively, fhall forever hereafter, quietly and feely have, hold and enjoy, all fuch manors, lands, tenements, rents and hereditaments (other than liberties and franchises) as they now have, claim or enjoy, or hereafter fhall or may have, claim or enjoy, whereof the people of the flate of New-York, or he or they, by, from or under whom the people of the ftate of New-York any thing have or lawfully claim, or hereafter fhall have or lawfully claim, or fome of them, by force of fome right or title to the fame, have not or fhall not have been anfwered by virtue of fuch right or title, the rents, revenues, iflues or profits thereof, within the space of forty years next before the filing, iffuing or commencing of every fuch action, bill, plaint, information, commition, or other fuit or proceeding, as shall, at any time or times thereafter, be filed, iffued or commenced for recovering the fame, or in refpect thereof, within the faid fpace of forty years, against all and every perfon and perfons, his and their heirs and affigns, having, claiming, or pretending to have, or who fhall or may have, claim, or pretend to have, any eftate, right, title, intereft, claim or demand whatsoever, of, in or to the fame, by force or colour of any letters patent or grants, upon fuggeftion of concealment, or wrongful detaining, or defective titles, or by, from or under any patentees or grantees, or any letters patent or grants, upon fuggeftion of concealment, or wrongful detaining, or defective titles, of or for which faid manors, lands, tenements, rents and hereditaments, or any of them, no verdict, judgment, decree, judicial order upon hearing, or fentence of any court, now ftanding in force, hath been had or given, or any fuch verdict, judgment, decree, judicial order upon the hearing, or fentence of court, fhall hereafter be had or given, in any action, bill, plaint or information, in any court of record in this ftate, for or in the name of the people of the ftate of New-York, or for any of the faid patentees or grantees, or for their or any of their heirs or affigns, within the space of forty years then laft paft, or within the space of forty years next before the filing, ifiuing or commencing of every fuch action, bill, plaint, information, commiffion, or other fuit or proceeding as fhall, at any time or times hereafter, be filed, iffued or commenced for recovering the fame, or in refpect thereof as aforefaid. fore the first of Janu tion, title or clain ancestor, but within II. And be it further enacted by the authority aforefaid, No perfon fhall, be- That no perfon or perfons fhall hereafter, and before thẹ. ary, 18, fue any first day of January, which will be in the year one thouwrit of right, or make any prefcrip- fand eight hundred, fue, have or maintain, any writ of to or for any lands right, or make any prescription, title or claim, of, to or for any of the polletion of any manors, lands, tenements, or other hereditaments of the poffeffion of his or their ancestor or predeceffor, and declare and alledge any further feifin or poffeffion of his or their ancestor or predeceffor, but only of the feifin or poffeffion of his or their ancestor or predeceffor, which hath been, or now is, or fhall be feifed of the faid manors, lands, tenements, or other hereditaments, within fixty years next before the teft of the fame writ, or next before the faid prescription, title ar claim, fo hereafter to be fued, commenced, brought, made or had. fixty years, |