before them fhall happen to be indicted, until they be taken, furrender themfelves, or be outlawed; and to hear and determine all and fingular the larcenies, thefts, trefpafles, foreftallings, regratings, engrongs, extortions, unlawful affemblies, indictments aforefaid, and all and fingular other the premifes, according to the laws, ordinances and flatutes of this flate, as in the like cafe it has been accustomed or ought to be done: And the fame offenders, and every of them, for their offences, by fincs, ranoms, anerciaments, forfeitures, and other means, according to the law and cultom of this Pate, and the form of the ordinances and ftatutes afor fed, it has been accullomed or ought to be done to chaftife and punish.

II. And be it further enabled by the authority ofrofuit. That the ref chive fheriffs of each and every of the refpective counties of this flate, at contain days and places, which the juftices of the peace of the fame counties repcetively, or any three or more of them, fhall make 1rown to them, hall caufe to come before the fame juflices of the peace of the fame courts ref pectively, fo many fuch good and lawful men of their bailiwick, or counties refpectively, as well within liberties as without, by whom the truth of the matter in the premises fhall be the better known and er quired into.

III. And be it further enacted by the authority aftrepid, That the faid juftices of the peace, or any thec or more of them, fhall hold and keep their general feffions in their respective counties, at fuch times and places as they are or fhall be authorifed and required to do, by the laws and ordinances of this flate, and oftner, if need be. And further, That no fuit, indict. ment, plea, procefs or proceeding, before juftices of the peace, in any county, fhall be difcontinued by any new commifiion of the peace to be made, but the fame fuits, indictments, pleas, process and proceedings, shall stand in their full force; and the juftices in fuch new commillions to affigned, after that they fhall have the records of the fame pleas and procefs before them, fhall have power and authority to continue the fame plans and procefs, and the fame pleas and procefs, and all that fhall depend upon them, to hear and finally determine, as the other juftices might and ought to have done of and in the fame, if no new commiflion had been made.

IV. And be it further enacted by the authordy ojore id, That all fires tɔ be fet and impofed by juftices of the peace, or any or either of them, for a trefpafs, or any other offence done or committed, or to be dene er committed by any perfon, fhall be reasonable and juft, having regud to the trepa or offence, and the caufes for which they be fet and imposed,

V. And be it further enacled by the authority afore.aid. That every juice of the peace who hath taken, or fhall take any recognizance for the keeping of the peace, or good behavior, fhall certify, And or bring the fame recognizance to the next general feffions of the peace where he is or hath been juffice, that the party fo bound may be called; and if the party fo bound make default, the fame default fhall be then there recorded, and the fame recognizance, with the record of the default, fall be @nt and cerified into the exchequer.

Vi. And be it further oral elige uthady abrofald, That all and every juftice and juftices of the peace, and every mayor, recorder and alderman, having the authority of, and acting as a jufice of the peace, before whom any perfon fhall be brought for any treajon, mifpifon of treason, murder, manilaughter or felony, or for fupicion thercol, before he or they fhall commit or fend fuch prifoner to ward, frall take the examination of fuch prifoner, and information of thofe that bag him or her, of the faft and cir

cumflances thereof; and the fame, or as much thereof as fhall be material to prove the offence, fhall be put in writing, within two days after the said examination, and fhall certify the fame in writing, fubfcribed or figned by him or them, with his or their own hands, at the next court in which fuch pritoner is or ought to be tried for the fame offence. And further, The faid jufiices, mayois, recorders and aldermen, and every of them, are hereby authorised and required to bind all fuch by recognizance, as do declare any thing material to prove the faid treafon, mifprifion of treafon, murder, manflaughter or felony, against fuch prifoner, to appear in the fupreme court, the term following, or at the next feffions of oyer and terminer or general gaol delivery, of or for the county, city or place where the offence was committed, or in fuch other court where the faid offence is properly cognizable, then and there to give evidence against the party; and fhall certify the faid recognizance and recognizances taken before them, together with the faid examinations, into the faid court where fuch witnefles are bound to appear, on the first day of the term or feffions of the fame court: And in cate any juice of the peace, mayor, recorder or alderman fhall refufe or neglect to take fuch examination, as aforefaid, or to certify the fame as aforefaid, or fhall refufe or neglect to bind the witneffes to appear as aforefaid, or to certify the recognizances by him taken as aforefaid; the judges and juftices of the court wherein fuch witneffes ought to be bound to appear, and to which fuch examinations and recognizances ought to be certified, upon due proof thereof by examination before them, fhall, for every fuch offence or neglect, fet fuch a fine upon every of the faid juftices, mayors, recorders and aldermen, as the fame judges and juftices of fuch court fhall think meet, and eftreat the fame as other fines and amerciaments affeffed before fuch judges and juftices ought to be eftreated.

VII. And whereas in many cafes, where the juflices of the peace are by law empowered to give or make judgments or orders, great expences have been occafioned, by reafon that fuch judgments or orders have, on appeals to the juftices of the peace, at their refpective general feffions, been quafhed, or fet afide, upon exceptions or objections to the form or forms of the proceedings, without hearing or examining the truth and merits of the matters in quellion; For remedy whereof, Be it further enacted by the authority ajorefid, That upon all appeals to be made to the juftices of the peace, at their refpective general feffions, to be holden for any county, city or place in this flate, against judgments or orders given or made by any juftices of the peace as aforesaid, fuch juftices fo affembled at any fuch feffions, frall, and they are hereby required, from time to time, within their respective jurisdictions, upon all and every fuch appeals fo made to them, to caufe any defect or defects of form that fhall be found in any fuch original judgments or orders to be rectified and amended, without any coft or charge to the parties concerned; and after fuch amendment made, fhall proceed to hear, examine and confider the truth and merits of all matters concerning fuch original judgments or orders, and likewife to examine all witnefles upon oath, and hear all other proofs relating thereto, and to make fuch determinations thereupon, as by law they fhould or ought to have done, in cafe there had not been fuch defect or want of form in the original proceeding.

in when any perfon

VIII. And be it further enaid by the authority of refid, Manner of proceed. That in cafe any perfon, against whom a warrant fhall be a af whom a wat- iflued by any jutlices or juftice of the peace, of any county, lives cut or the ounty, City or place in this flate, for any offence there committed or done, fhall efcare, go ine, fide, or Le in any otlar

rant is tied, goes or

county, city or place, out of the jurisdiction of the juftices or juftice granting fuch warrant as aforefaid, it fhall and may be lawful for any juice or juftices of the peace, of the county, city or place where fuch perfon fhall efcape, go into, refide, or be; and fuch juftice or juftices is and are hereby required, upon proof being made, upon oath, of the hand writing of the juftice or juftices granting auch warrant, to endorfe his or their name or names on fuch warrant, which fhall be a fufficient authority to the perion or perfons bringing fuch warrant, and to all other perfons to whom fuch warrant was originally directed, to execute fuch warrant in fuch other county, city or place, out of the jurisdiction of the juftice or juftices granting fuch warrant as aforefaid, and to apprehend and to carry fuch offender or offenders before the juflice who endorsed fuch warrant, or fome other juftice or juftices of fuch other county, city or place where fuch warrant was endorted; and in cafe the offence for which fuch offender fhall be fo apprehended as aforefaid, shall be bailable in law, and fuch offender shall be willing and ready to give bail for his or her appearance, at the next general gaol delivery, or next general feffions of the peace, to be held in and for the county, city or place where the offence was committed, fuch juflice or juftices of fuch other county, city or place, before whom fuch offender or offenders fhall be brought, fhall and may take bail of fuch offender or offenders, for his, her or their appearance at the next general gaol delivery, or at the next general feffions of the peace, to be held in and for the county, city or place where fuch offence was committed, in the fame manner as the juftices of the peace of the proper county, city or place; and the juftice or juftices of fuch other county, city or place, fo taking bail as aforefaid, fhall deliver the recognizance, together with the examination or confeffion of fuch offender or offenders, and all other proceedings relating thereto, to the conftable, or other perfon or perfons fo apprehending fuch offender or offenders, as aforefaid, who are hereby required to receive the fame, and to deliver over such recognizance, examination or other proceedings, to the clerk of the court of general gaol delivery, or clerk of the peace of the county, city or place where fuch ofender or offenders is or are required to appear, by virtue of fuch recognizance; and fuch recognizance, examination or confeflion, fhall be as good and effectual in iaw, to all intents and purposes, and of the fame force and validity, as if the fame had been entered into, taken or acknowledged before a juftice or jufices of the peace in and for the proper county, city or place where the offence was committed, and the fame proceedings fhall be had thereon; and in cafe fuch conflable, or other perfon to whom fuch recognizance, examination or confeffion, or other proceedings, fhall be fo delivered as aforefaid, hall refufe or neglect to deliver over the fame to the clerk of the count of general gaol delivery, or clerk of the peace of the county, city or place, where fuch offender is required to appear by virtue of fuch recognizance, fuch conflable, or other perfon, fhall forfeit the fum of ten pounds, to be recoveted against him by action of debt, bill, plaint or information, in any court of record, by any perfon or perfons who will profecute or fue for the fame: And in cafe the offence for which fuch offender or offenders shall be apprehended and taken in any other county, city or place, fhall not be bailable in law, or fuch offender or ofenders fall not give bail for his or her appearance at the next general gaol delivery, or next general feffions of the peace to be held in and for the county, city or place where the of ence was commited, to the farisfaction of the juice before whom uch offender or offenders fhall be brought, in fuch other county, city or place, then, and in

No action to be

that cafe, the conftable, or other perfon or perfons fo apprehending fuck offender or offenders, fhall carry and convey fuch offender or offenders, before one of the juftices of the peace of the proper county, city or place where fuch offence was committed, there to be dealt with according to law. And further, That no action of trefpafs, falfe imprifonment, inbrought against a is 1. formation or indictment, or other action, fhall be brought, tice who fhall endorie fued, commenced or profecuted by any perfon or perfons fuch warrant. whatfoever, against the juftice or juftices who fhall endorfe fuch warrant, for or by reafon of his or their endorfing fuch warrant; but fuch perfon or perfons fhall be at liberty to bring or profecute his, her or their action or fuit, against the justice or juftices who originally granted fuch warrant, in the fame manner as fuch perfon or perfons might have done in cafe this claufe of this act had not been made.

IX. And be it further enalled by the authority aforesaid, Indictments to be. That the juftices of the peace fhall fend their indictments before the juftices affigned or empowered to deliver the gaols in their refpective cities and counties.

fnt to the juices of gal delivery.

Mayors, recorders

And aldermen of New

York and Albay, to

have the powers of Justices of inc peace.

X. And be it further enacted by the authority aforefaid, That the mayors, recorders and aldermen of the cities of New-York and Albany, and each of them shall, refpectively, have the like powers in the faid refpective cities, as the juftices of the peace have in their respective counties by virtue of this act.

CHAP. IX.

An ACT declaring what Process may be issued in certain perfonal zictions, and for regulating Outlawries.

I.

Paffed 3d February, 1787. 1. BE it enacted by the people of the fate of New-York, represented in fenate and afferably, and it is hereby enacted by the authority of the fame, That in all actions of account, debt, detinue, annuity, covenant, confpiracy, and of the cafe, and in actions of replevin after a capias in withernam is returned, that the perfon against whom it is iflued has no goods, the like procefs may hereafter be had and used as in actions of trespais done with force and arms; and in thefe, as well as in all other cafes where process illues for taking the body, if it be returned, that the perfon against whom fuch proces ifled is not found, fuch procefs may be purfued to the exigent and outlawry thereupon.

II. And be it further enacted by the auth rity aforesaid, That each and every sheriff fhall respectively in his county hold a court, either in perfon or by h's fufficient deputy, on every fiift and third Monday in every month, at the court-house in his county, to be called his County Court, for the purpofe of demanding perions upon exigents, and pronouncing outlawries thereupon; and that it fhall not be necefiary for the coroners of the county, or any of them, to attend at fuch court, or to give judgment of outlawry; but hall be inficient for the fheriff or his deputy, to give the judgment of outlawr, and to return the fame upon the exigent, without laying by the judge Lt of the coroners.

M. Arlbe u further enafled by the auhari's forefaid, That in every iginal with of acions perfonal, and in all appeal, ina etmeme and of qua

tions, and in which the exigent fhall be awarded, to the names of the defendants, in fuch writs original, appeals, indictments and informations, additions fhall be made of their eftate or degree, or myflery, and of the towns or places and counties of which they were or be, or in which they be or were converfant; and if by process upon the faid original writ, appeal, indictments or informations, in which the faid, additions be omitted, any outlawries be pronounced, they fhall be void, fruftrate, and holden for none; and that before any outlawries pronounced, the faid writs, appeals, indictments and informations, fhall be abated by the exception of the party where in the fame the faid additions be omitted: Provided always, That although the faid writs of actions perfonal be not according to the records and deeds, by the furplufage of the additions aforefaid, they fhall not be abated for that cauè.

IV. And be it further enabled by the authority aforesaid, That no perfon charged as acceffary in any indictment or appeal, fhall be outlawed, unul he principal be attainted; but fuch indictments and appeals may be nevenleless profecuted; but the exigent against the acceflary fhall remain until the prin cipal be attainted by outlawry or otherwise.

V. And be it further enacted by the authority aforefaid, That after any per. fon is or fhall be indicted or appealed of treafon or felony, it shall be commanded to the sheriff to take the body of the perfon fo indicted or appealed, by a writ or precept called a capias; and if the fheriff return on the fame writ or precept, that the body is not found, another writ or precept of capias fall be immediately made, returnable at a certain day, not less than three months after the date of the fame writ; and in the fame writ fhall be compriled, that the sheriff fhall caufe the goods and chattels of the perfon indicted or appealed, to be feized and fafely kept, until the day of the return of the writ or precept; and if the fheriff return that the body is not found, and the perfon indicted or appealed cometh not, the exigent fhall be awarded, and the goods and chattels fo feized, fhall be forfeited to the people of this state. But if the perfon indicted or appealed come and yield himici, or be taken by the fheriff or other officer, before the return of the fcond capias, then the goods and chattels fhall be faved.

VI. And be it further enacted by the authority aforefad, That upon every indictment and appeal against any citizen of this flate, dwelling in other coun ths than where fuch indictment or appeal is or fhall be taken, of any treason or felony after the first writ of capias returned, another writ of capias fhall be awarded, dicted to the fheriff of the county where the perfon indicted or appealed is, or fhall be fuppofed to be converfant, by the fame indictinent or appeal, returnable in the fame court, or before the fame juftices before whom the indictment or appeal is or fhall be taken, at a certain day not less than three months after the date of the fame writ, by which writ the theriff shall be commanded to take the body of the perfon fo indicted or appealed, if he or fhe fhall be found in his bailiwick; and if he or the fhall not be found in his bailiwick, that the faid fheriff' fhall make proclamation in two of his county courts, before the return of the fame writ, that the person fo indicted or appealed fhall appear at the faid court, or before the faid juftices where he or fhe is, or fhall be, indicted or appealed, at the day of the return of the fame writ, to anfwer to the people of the fate of New-York, or the party, of the treafon, felony or trefpafs, whereof he or the is, or fhall be fo indicted or appealed; and after fuch writ of capias fo ferved and returned, if he or The fo indicted or appealed, come not at the day of the return of the fame writ of capias, the exigent fhall be awarded againit fuch perfon fo indicted or