returned to try the faid caufe or iffue: And the clerk of the faid court, or his deputy, fhall thereupon make a fair copy of the names of the fame remaining twenty-four perfons, with their places of abode and additions, and 'certify the fame under his hand, to be the lift of jurors, ftruck as aforefaid, for the trial of fuch caufe or ifiue; which lift fhall be delivered to the sheriff, or other officer, who ought to fummon fuch jury, together with the venire facias; and fuch faeriff, or other officer, fhall thereupon annex the fame lift to fuch venire facias, and return the fame as the panel of the jury to try fuch cause or iffue, and fummon them according to the command of the fame writ: And upon the trial of fuch caule or ifle, there fhall be no balloting, but the jurors fo ftruck fhall be called as they ftand upon the panel, and the first twelve of them who fhall appear and are not challenged, or fhall be Tees for ftriking a found duly qualified and indifferent, fhall be the jury, and Jury to be paid by the be fworn to try the faid caue or iffue; but the perfon or party applying for fach jury. party who fhall apply for fuch flruck jury, fhall bear and pay the fees for friking thereof, and fhall not have any allowance for the fame, upon the taxation of cofis.

kalfaliens.

XX. And be it further enacted by the authority aforefad, That no fheriff or other officer, to whom the return of juries fall or may at any time belong, fhall impanel or return any perion or perfons, to ferve on any jury for the trial of any capital offence, who, at the time of fuch return, would not be qualified by virtue of this act to ferve as jurors in civil caues in the fupreme court; and the fame matter and caule alledged by way of challenge, and fo found, fhall be admitted and taken as a principal challenge, and the perfon and perfons fo challenged, fhall and may be examined on oath of the truth of such matter. XXI. And be it further enacted by the authority aforefaid, In what cafes one That all manner of juries and inquests hereafter to be taken half the jury fhall be tizens, and the other Or made between aliens and citizens of any of the United States of America, be they merchants or others, in any court, or before any juftice or juftices, and whether this flate be party, or interested, or not, except in cafes of treafon, the one half of the jury or inqueft fhall be citizens of this ftate, and qualified by this act to ferve on fuch juries or inquets, and the other half of aliens, if to many aliens and foreigners be in the city, county or place where fuch jury or inqueft is to be taken or made, who be not parties, nor with the parties in the contracts, pleas, quarrels or offences, whereof fuch juries or inquefts are or ought to be taken: And if there be not fo many aliens or strangers, then there fhall be put on fuch juries or inquefts, as many aliens and ftrangers as fhall be found in the fame city, county or place, which be not thereto parties, nor with the parties as aforefaid, and the remnant of citizens of this flate qualifed by this act to ferve on fuch juries or inquefts, and who shall be good men, and not fufpicious to the one party, nor to the other.

Prolecuror for the

the fame manner as

XXII. And be it further enafied by the authority aforefad, Challenges made by That in all cafes where the attorney-general of this flate, tae, to be tried in in behalf of this ftate, or he who fall in any cafe profecute the challenges of for the people of this flate, fhall challenge any juror as not indifferent, or for any other caufe, he who fall make any fuch challenge, fhall immediately aflign and fhew the caufe of fich challenge, and the truth thereof fhall be enquired of and tried, in the fame manner as the challenges of other paries are or ought by law to be enquied of and tried.

other parties.

Circuit courts may order a tales de cieuinftantibus.

XXIII. And be it further enacted by the authority aforef.id, That the juftices or juftice of the fupreme court before whom any trial fhall be brought at any of the faid circuit courts, by virtue of any writ, with a nifi prius, where a full jury fhall not appear, or after appearance of a full jury, by challenge the jury is like to remain untaken for default of jurors, fhall have authority by virtue of this act, upon requeft made for the people of the ftate of New-York, by any authorised thereunto, or alligned by the juflices or juftice of the court before whom the inqueft is to be taken, or upon request made by any party who profecutes as well for the people of this ftate, as for himfelf, in any cafe, or upon request made by the parties, plaintiff, demandant or avowant, or tenant or defendant, or his or their attorney, to command the sheriff, or other officer to whom the making the return of the faid writs fhall appertain, to name and appoint, as often as need fhall require, fo many of fuch other able perfons of the faid county, qualified to ferve on fuch juries, according to the intent of this act, then prefent at fuch circuit court, and to add and annex their names to the former panel, as fhall make up a full jury of twelve men, for the trial of every fuch iffue; and every of the parties fhall and may have his or their challenge to the jurors fo named, added and annexed to the faid former panel, by the faid fheriff or other officer, in fuch wife as if they had been impanelled upon the venire facias awarded to try the faid iffue; and the faid juflices or juflice fhall and may proceed to the trial of every fuch iffue, with thofe jurors that were be fore impanelled and returned, and with thofe newly added and annexed to the faid former panel by virtue of this act, in fuch wife as he or they might or ought to have done, if all the faid jurors had been returned upon the writ of venire facias awarded to try fuch issue. And further, That all and every fuch trial fhall be as good and effectual in the law, to all intents, conftructions and purposes, as if fuch trial had been had and tried by twelve of the jurors impanelled and returned upon the writ of venire facias awarded to try fuch illue: And in cafe fuch perfons as the faid sheriff or other officer fhall name and appoint as aforefaid, or any of them, after they shall be called, be prefent and do not appear, or after his or their appearance, do wilfully withdraw im or themfelves from the prefence of the court, that then fuch juftices or justice fhall and may fet fuch fine upon every fuch juror making default, or wilfully withdrawing himself as aforefaid, as fuch juftices or juftice fhall think good by his or their difcretion; the fame fine to be levied in fuch manner and form as iffues forfeited and loft by jurors for default of their appearance, are or ought by law to be levied.

XXIV. And be it further enated by the authority aforefaid, That if any jurors fworn for the trial of any iflues, or in any affifes, or other inquefts to be taken between the people of the flate of New-York, and any party, or between party and parly, frail take any thing, by them or other of the party plaintiff or defendant, or of any other, to give their verdict, and thereof be found guilty, in any court of record, either at the fuit of the party that will fue for himself, or for the people of the flate of New-York, or any other perfon, by original writ, bill or plaint, every of the faid jurors fhall pay ten t'mes as much as he hath taken, with the cofts of fuit; and he that will fue, fhall have the one half, and the people of the ftate of New-York the other half; and that all the embraceors that bring or procure fuch jurors or inquefts, to take gain or profit, fhall be punished in the fame manner and foun as the jurors: And if the party to the plea fhall bring any fuch fuit or action, and fhall recover therein, he fall alfo recover his damages, by the affeffiment of

the inqueft: And if the juror or embrace or fo found guilty, fhall not Inve whereof to make fatisfaction in the manner aforefaid, he fhall be imprifoned for one year.

give a general ver

dict.

XXV. And be it further enabled by the authority aftred, Jurors not compelled That no jury, upon any trial hereafter to be had, fhall in any cafe be compelled to give a general verdict, fo that they find a special verdict, and fhew the truth of the fact, and require the aid of the court or juftices: But if they, of their own wil, do give a general verdict, their verdict shall be admitted at their own peril.

XXVI. Provided always, That this act fhall not extend Firemen exempted to compel any fireman of the city of New-York, or of the fromferving on juries city of Albany, or of the township of Brooklyn, in King's county, lawfully appointed, or to be appointed, to ferve as jurors in any

cafe whatsoever.

XXVII. And be it further enacled by the authority aforesaid, That the act, entitled, An act concerning the circuit courts; and the act, entitled, An act to punish delinquent jurors, conflables and other perfons; and all the laws of the late colony of New-York, relating to jurois, fhall be, and hereby are repealed.

W

CHA P. XLIII.

A ACT for the more effectual Prevention of Fires in the Ciy of New-York. Pad 22d April, 1786. HEREAS the floring of pitch, tar, turpentine, rolin, fpirits of turpentine, linfeed oil, or fhingles, in any houtes, fore-houses, cellars, or other places within this city, may be of very bad confequence in cafe of fire breaking out at or near the place where any fuch commodities are ftored. And whereas the filing and discharging of guns, pittols, rockers, crackers, fquibs, and other fire-works in the city of New-York, may not only do perfonal injury to the inhabitants and others, but the city be in danger of being fet on fire by fuch practices; for remedy whereof,

No pitch, tar, tur

of turpentine, linfeed

Che Luthward offren

er ten pounds.

1. Be it enacted by the people of the flate of New-York, reprefenied in fenats and affembly, and it is hereby enacted by the authority of the fame, That from and after the first day of June next, no pitch, tar, turpentine, pentine, refin, ipirits rofin, fpirits of turpentine, linteed oil, or fhingles, fhall or oil, or fhingles, to be may be put in any place in the city of New-York, to the put in any place to fouthward of fresh water, other than in fuch proper place water, under penalty or places as fhall be appointed and approved of by the mayor, aldermen and commonalty of the city of New-York, in common council convened, under the penalty of ten pounds for every offence, or refusal to remove the fame, to be levied by warrant under the hand and feal of one or more jullices of the peace for the city and county of NewYork, by diftrefs and fale of the goods and chattels of the offender, upon due conviction upon oath, or upon the view of one or more of fuch juftices of the peace, rendering the overplus if any be) to the owner: And for want of fuch diftrefs, the offender fhall be imprifoned by warrant from the faid juftice or juftices, who are hereby empowered and required to iffue fuch warrant, until payment as aforefaid; which faid forfeitures fhall be paid to the chamberlain of the city of New-York for the time being, for the use of the poor of the faid city. Provided always, That it thill and may be lawful

have before their doors

fine, not exceeding twenty barrels.

Ship-chandlers may to and for fuch inhabitants of the faid city, who are fhip. in the street, pitch, chandlers, to have near their doors, in the open flreet, and tar, rofa and turpen- not in any building or inciofure, a fmall quantity of pitch, tar, rofia and turpentine, not exceeding in the whole, at any one time, twenty barrels, in order the more readily and handily to fupply the merchant-fhips and others who may have occafion for finall quantities of fuch commodities; any thing herein before contained to the contrary hereof in any wife notwichitan ling.

firing a gut, pitol,

fouth of freth-water.

II. And be it further enaded by the authority aforefaid, Penalty on perfus That if any perion or perfons, of what age, fex, or quality rocket, era ker, fqub foever, fra and after the faid first day of June next, fhall eroler fire-work, fire and ii charge any gun, piftoi, rocket, cracker, fquib, or other fie-work, in any street, lane or ally, garden or other inclofure, or from any houfe, or in any other place where perions frequently walk, to the fouthward of feth-water; that then every Such perfon or perfons fo offending, and being thereof convicted before one or more judice or juftices of the peace for the laid city and county of New-York, either by the confellion of the party or parties to offending, or the oath of one or inore witness or witnelles (which oath the faid juice or juflices of the peace is and are hereby empowered and required to adminifter) thall, for every fuch of fence, forfeit the fum of twenty fillings; the faid forfeitures to be levied by diftrefs and fale of the goods and chattels of every fuch offender, by warrant under the hand and feal of the faid juice or juftices of the peace before whom fuch conviction or convictions fhall be as aforefaid made; which forfeiture fhall be paid to the fad chamberlain, for the ufe of the poor of the faid city of New-York: And if de faid offen lers shall not pay the faid forfeiture or forfeitures, upon conviction as aforefaid," and want of facient dutrefs whereon the fame can be made, that then every fuch juftice or judices of the peace is and are hereby empowered and required, by warrant under his or their hands and feal, to commi, every fuch per on or perlons, fo as aforesaid offending, to the common gaol of the city and county of NewYork, there to remain, without bail or mainprize, for the space of ten days, unless fuch forfeiture or fortures be iooner paid; but in cafe fuch offender or offenders in the premies laft above mentioned, fhall happen to be a flave or flaves, and the forfeiture or forfeires aforefaid, fhall not be forthwith paid, that then it shall and may be lawful to and for fuch juice or juftices before whom the conviction fhall be, to caufe fuch flave or flaves to be publicly whipped on the naked back, fuh number of hipes as he or they fill think proper, not exceeding thirty-name; which pun ihment fhall be in lieu and flead of the faid forfeiture.

CHAP. XLIV.

An ACT for keeping the Highway in that Part of the Manor of Renfelaerrych, called the Colonic, in Repair.

Pafied 22d April, 1786. 1. BEP enacted by the people of the ft de of New-) rk, represented in fence New-York, and affembly, and i is hereby enacted by the authority of the fame, That it fhall and may be lawful to and for the overseers of the highway, to be elected in the manner herein after mentioned, respectively, from time to time, to direct all and every person and perfons, being inhabitants of that Part of the well diftrict of the manor of Renfelaerwyck, lying to the north

ward of the city of Albany, and to the fouthward of Water Vliet, commonly called the Colonie, or holding any lots of ground in the fame, to clear or clean the fireets or highways directly oppofite to the lots of ground owned or polleiled by fuch perfon or perfons refpectively, to the middle of fuch freets or highways, and to remove all fire-wood, ftones, or any other thing whatfoever, which may at any time be placed or conveyed on or into fuch part of any fuch ftreets or highways, which he, fhe or they, are hereby required to clear and clean, (the neceffary materials for building any welling houfe only excepted :) And if any fuch perfon or perfons, when thereunto required by the faid overfeers, or either of them, fhall neglect or refute for the fpace of three days, being fo required, to clear and clean fuch ftreets, or to remove any fire-wood, ftones, or other thing as aforefaid, the perfon or perfons fhall, for every day he, the or they fhall fo neglect or refufe, forfeit and pay the fun of three fhillings, to be recovered and applied in the manner herein after directed.

II. And be it further enacted by the authority aforefaid, That each and every perfon, being an inhabitant of the faid Colonie, fhall, from time to time, within two months after notice fhall be given to them refpectively, by the faid overfeers, pave, or caufe to be paved, with ftones or pebbles, in fuch manner as the faid overfeers fhall direct, oppofite their refpective lots of ground, the faid freets or highways, not exceeding fifteen feet in breadth; and that all and every perfon and perfons, not being an inhabitant or inhabitants of the faid Colonie, but holding or poffeling any real eflate, or lot of ground therein, hall, within two months after they fhall be refpectively required thereunto by any of the faid overteers, lay with gravel in fuch manner as the aid overfeers fhall direct, not exceeding fifteen feet, in the fireets or highways oppofite their respective real eftates or lots of ground; and if any perfon fhail neglect or refute to comply with the directions of any of the faid overfeers, respecting fuch paving, or laying the freets or highways with gravel, he or the fo offending, fhail forfeit and pay for every month he or The fhall fo neglect or refufe, the fum of twenty fhillings.

III. And be it further enacted by the authority arefaid, That the faid over eers fhall, from time to time, direct the laid frects or highways to be levelled by the perfons who are by this act compelled to clear or clean the fame, in fuch parts as they are hereby refpectively required to clear or clean the fame, in fuch manner as to the faid overfeers fhall appear moft promotive of public convenience. And if any perfon fhall neglect or refufe to comply with the directions of the faid overfeers, given in pur fuance of this claufe, he or the fo offending, fhall, for every month he or fhe fhall fo neg lect or refufe, forfeit the fum of ten fhillings.

IV. And be it further enaded by the authority aforefaid, That every perfon or perfons, who fhall ride or drive with any carriage, or horfe or horfes, through any of the faid ftreets or highways, or any part thereof, fo paved or gravelled as aforefaid, or in any other part of fuch fireers or highways, fafter than a common trot, fhall, for every fuch offence, forfeit the fum of three fhillings.

V. And be it further enacted by the authority aforelaid, That it fall and may be lawful to and for the freeholders and inhabitants of the faid Colonie, at their annual elections for town officers, yearly to elect two freeholders to be overfeets of the highways, to carry this act into effect.

VI. And be it further enated by the authority aforesaid, That every fine and penalty incurred in purfuance of this act, fhall and may be fued for, and

Nn