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W meetings and elections in Caughna waga dillrict, is inconvenient for
or her part in a place certain, or if the waste exceed his or her proportion, the plaintiff shall recover against such defendant, such damages as shall be found by the jury or inquest.
VI. And be il further enacted by the authority aforesaid, That every heir in whose ward foever he or she be, and whether he or she be in ward or not, and as well within age as of full age, shall have his or her recovery by a writ of waste, for waste and destruction made in lands and tenements, of his or her inheritance, as well in the time of his or her anceslor or ancestors, as at any other time after the inheritance descended or come to him or her, and Thall be answered unto therefore, and he or she shall recover the renements wasted, and treble damages as aforesaid.
VII. Aid be it further crafted by the authority afuresid, That where any tenant for term of life, or for another's life, or for term or years, or any other term, hath or shall let or grant his or her estate in the lands and tenements dernised to or held by him or her, to any person or persons, and mall still continue to occupy the same lands aszd tenements, or take the profits thereof, and shall commit or suffer waite and deilruction in the same lands and tenements, to the disinheritance of him, her or them in the refersion, he, she or they to whom the reversion doth or fall appertain, may, in such case, have and maintain a writ of walte against the said tenant for term of life, or of another's life, or for term of years, or other term, and recover against him or her the place wasted, and his, her or their treble damages for the waste done, if the said tenant was punisiable, of or for waste before he or she leased or granted over his or her estate as aforesaid but not otherwise.
С НА Р. VII. A1 ACT to alter the Place of holding Elečtions iiz Caughnauaga Diftiüt), in the County of Mowgonary.
Palled 30th January, 1787. HEREAS the place assigned by law for holding the annual townthe people of the laid district; for remedy whereof,
Be it enated by the people of the pure of New-York, represented in fenate and affently, and it is hereby emited by the art hority of the fame, That the annual town-meetings and elections in the said diitrici, mall, in future, be held at the court-house in John's-Town, in the district aforesaid, instead of the place heretofore alligned by law for that purpose.
CH A P. VIII.
Patied 30th January, 1787.
and affembly, and it is herein cnated by the authori!y of the fame, That in every county of this state, good and lawful men of the best reputation, and who be no maintainers of evil or barretors, shall be asigned by commission under the great feal, from time to time, according to the conftitution of this state, justices to keep the peace in the fame counties respectively, who shall jointly and severally have power to keep and cause to be
kept, all laws and ordinances made or to be inade for the good of the peace, and fur the confervation of the fame, and for the quiet rule and government of the citizins and inhabitants of this itate, in all and every the articles thereof, in the fare counties respectively, as well within liberties, as without, acroruing to the force, form and effe&t of the fame laws and ordinances ; and to chattile and purith all perfons offending against the form of those laws and ordinances, or any of them, in the said respective counties, in such manner as, according to the form of those laws and ordinances, shall be fit to be done; and to edule to come before them, or any or either of them, all those persons who fall break the peace, or have used, or shall use threats to any one or more of the citizens or inhabitants of this state, concerning their bodies, or the firing of their hones or barns, to find sufficient security for the peace, or their good behaviour towards the people and inhabitants of this state ; and if they hall refute to find such security, then them in prifon, until they shall find such fecuriiy, to cause to be safely kept : And to caule to come before them, or any orcither of thein, all those who be not of good fame, where they shall be found, to find suficient security for their good behaviour towards the people and inhabitants of this itare; and if they rcture to find such security, then them in prilon, until they full find such lécurity, to caute to be iafily kept And Further, That the same justices, or To Lold bullions of any three or more of them, shall have power in the fame
rcpective counties, to inquire, by the oath of good and lawAbel powers, ful mon of the fame counties respectively, by whom the truth may be the better knowli, of all and all manner of larcenies, thefts, trespatles, forestallings, regratings, engrotings, and extortions whatłoever, and of all and fingular ouer crimes and out.cu's, of which justices of the peace may or ought lawfully to enquire, by whomio ver, and after what manner icever, in the said refpective counties done or perpetrated, or which shall happen to be there done or attempiol. And also, Of all thole who in the said respective counties have gone or rode, cr he cafter Mall prefume to go or ride in companies with armed forci', against the peace, to the diilurbance of the citizens and inhabitants of this icte. And alio, Of all those who have there luin in wait, or hereafter mall preume to lie in wait to maim, or cur or hill any citizen or inhabitant of this thati'And 2:0, Of all victuallers and innholders, and all and fingular otur per ins whollave offended, or attemp:ed to offend, or hereafter all prefume oratempt to offend, in the faine refboire counties, in the abule of Wights or inearures, or in the fale of vic. tals
, against the form of the laws and ordinances of this state, or any of then, made for the common good of this rate, and the citizens and iniabitunts theruof. And allo, Of all 1:2:17s, baihiis, conflables, gaolers, and other Oficers whatsoever, who in ile executin of their offices about the premiles, or any of them, liave unduy demeaned themelves, or hereafier ihall pitfums to behave themselves undúy, or have been, or hereafter shall happen to be careless, nails or negligent in the same respective counties, and of all and singular a:ticks and crcumsances, and all other things whatsoever that concern the premics, or any of them, by whomiocrcr, and after what planiner foever, in the faid respective couales done or perpetrated, or which hall hereafier there happen 19 be done or attempied, in what manner foer. er; and to inspect ail indictmens whatocier lo buore mor, any of them takın or to be taken, or before oubers late juices of the peace in the famere: pective counties made ortaken, and not determined; androizleandcoatinle procedles thereupon, againt all and fingular the perfons to indicted, or who
before them shall happen to be indicted, until they be taken, surrender themfelves, or be outlawed ; and to hear and determine all and liguiar the larcenies, thefts, trespasses, foreftallings, regratings, engrouns, extortions, unlawful afleniblies, indictments aforesaid, and all and fingular other the premises, according to the laws, ordinances and statutes of iliis tate, as in the like case it has been accustomed or ought to be done : find the fame ofenders, and every of them, for their offences, by fines, rac cns, anvercirrents, forfeitures, and other means, according to the law and culoid of this fate, and the form of the ordinances and statutis afuni, ii hus i un accution. ed or ought to be done to chastife and puniti.
II. And be it further endled by the artitura circui, That the roleve sheriffs of each and every of the refpective commt'es filiallae', at certain days and places, which the justices of the peace of the fame counties C10ctively, or any three or more of them, mil male 1973 to them, ball cause to come before the same justices of the peace of the fine conatis nel pectively, so many such good and lawful or of their buinid. er crunties respectively, as well within libertics as without, hy whom te truh or the matter in the premises Thall be the better known and enquired into.
III. Aird be il further excited ly tủic citthority atdzejid, That the said justices of the peace, or any thies or more of them, thalllud and keep their general selfions in their respective counties, at luch timius and places as they are or shall be authorised and required to do, byahe laws and ordinances of this state, and oftner, if need be. And further, Tivi no fuit, indict. ment, plea, process or proceeding, before jullices of the peace, in any countty, shall be discontinued by any new commision of the peace to be mare, but the fame fuits, indictments, pleas, process and proceedings, small fand in their full force; and the justices in sich now commiii ons 10 alligned, after that they shall have the records of the fine pleas and procefs before them, shall have power and authority to continue the fare pleas and proces, and the same pleas and process, and all that all depend upon them, to hear and finally determine, as the other jullices might and ought to have done of and in the same, if no new commillion had been made.
IV. And be it further cnaied by the cauliborin ajorel.ici, That all fccs to be set and imposed by justices of the peace, or any or either of tiein, for a trespass, or any other offence done or committed, or to budene or committed by any person, shall be reasonable and juít, having regard to the treina's or offence, and the causes for which they bu ēt and impojed,
V. And be it firther enucled by the authority devic, That every juice of the peace who hath taken, or shall take any recognizance for the keer. ing of the peace, or good behavior, fcall cerity, land or bring the same recognizance to the next general feffions of the perce where he is or hair been justice, that the party fo bound may be called; and if the party so bound niake default, the fame default thall be hon there recorded, and the fame recogni. zince, with the record of the default, fra le int and certified into the exo chequer.
VI. ni be it further 270 cdi 2.71 aord, That all and every justice and juices of the peace, and every rayor, recorder and aiderman, having the authority of, and acting as a justice of the peace, before whom any person shall be brought for any tienen, milfson of taon, murder, manilaughter or felony, or for fun.cion therine, he fore le or they shall commit or find such prisoner to vard, frailta'e' the exaurination of fucki prilonci, and information of those that ang him or her, rif the ti t ard ciro
cumstances thereof; and the same, or as much thereof as shall be material to prove the offence, shall be put in writing, within two days after the said examination, and shall certify the fame in writing, subscribed or figned by him or them, with his or their own hands, at the next court in which such prisoner is or ought to be tried for the fame offence. And further, The jaid juliices, mayois, recorders and aldermen, and every of them, are hereby authorised and required to bind all such by recognizance, as do declare any thing material to prove the faid treafon, inisprition of treason, murder, manIla ughter or telony, against such prisoner, to appear in the supreme court, the term following, or at the next sessions of oyer and terminer or general gaol delivery, of or for the county, city or place where the offence was committed, or in such other court where the said offence is properly cognizable, then and there to give evidence against the party; and Mall certify the faid recognizance and recognizances taken before them, together with the frid examinations, into the laid court where such witnelles are bound to appear, on the firit day of the term or sessions of the fame court : And in cale any julice of the peace, mayor, recorder or aiderman shall refuse or neglect to take fuch examination, as aforesaid, or to certify the same as aforefaid, or Mall refule or neglect to bind the witnesses to appear as aforesaid, or to certify the recognizances by him taken as aforesaid ; the judges and juslices of the court wherein such witnesses ought to be bound to appear, and to which such examinations and recognizances ought to be certified, upon due proof thereof by examination before them, shall, for every such ofience or neglect, fet such a fine upon every of the faid justices, mayors, recorders and aldermen, as the fame judges and justices of such court shall think meet, and estreat the same as other fines and amerciaments assessed before such judges and justices ought to be estreated.
VII. And whereas in many cases, where the justices of the peace are by law empowered to give or make judgments or orders, great expences have been occafioned, by reason that such judgments or orders have, on appeals to the justices of the peace, at their respective general fellions, been quashed, or fet alide, 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 furiher endeled by the authority ajoref.id, That upon all appeals to be made to the justices of the peace, at their respective general feflions, to be holden for any county, city or place in this state, againt judgments or orders given or made by any justices of the peace as aforesaid, fuch justices so allembled at any such fellions, hall, and they are hereby required, from time to time, within their respective jurisdictions, upon all and every such appeals to made to them, to cause any defect or defects of form that fall be found in any such original judgments or orders to be rectified and amended, without any coft or clarge to the parties concerned; and after such amendment made, shall proceed to hear, examine and contider the truth and merits of all matters concerning such original judgments or orders, and likewise to examine all wiinelles upon o1th, and hear all other proofs relating thereto, and to make such determinations thereupon, as by law they should or ought to have done, in case there had not been sich defect or want of form in the original proceeding.
VIII. And be it furiher crudd hy the curiority of selaid, Manner of proceeds That in cale anv person, acaini whom a warrant wall be
illued by any juilices or justice of the peace, of any country, lives ru vi tie County city or place in this state, for any offence there con mitreu
or done, Hall eicarc, geino, l'i ficle, or Lt in any othe
in fatit per tor! a auft wiem Warsant is thed, goes or
county, city or place, out of the jurisdiction of the justices or justice granting fuch warrant as aforesaid, it shall and may be lawful for any jullice or jutices of the peace, of the county, city or place where such person shall escape, go into, reside, or be ; and such justice or justices is and are hereby required, upon proof being made, upon oath, of the hand writing of the justice or justices granting iuch warrant, to endorse his or their name or names on such warrant, which shall be a fufficient authority to the person or perfons bringing such warrant, and to all other persons to whom fuch warrant was originally directed, to execute such warrant in such other county, city or place, out of the jurisdiction of the justice or justices granting uch warrant as aforcfrid, and to apprehend and to carry such oflender or offenders before the justice who endorsed such warrant, or some other justice or jufiices of such other county, city or place where such warrant was endorted; and in case the offence for which fuch offender shall be fo apprehended as aforesaid, shall be bailable in law, and such offender shall be willing and ready to give bail for his or her appearance, at the next general gaol delivery, or next general festions of the peace, to be held in and for the county, city or place where the offence was committed, such justice or justices of such other county, city or place, before whom such offender or offenders shall be brought, shall and may
take bail of such offender or offenders, for his, her or their appearance at the next general gaol delivery, or at the next general leffions of the peace, to be held in and for the county, city or place where such offence was committed, in the same manner as the jutlices of the peace of the proper county, city or place; and the justice or justices of such other county, city or place, so taking bail as aforesaid, shall deliver the recognizance, together with the examination or confession of such offender or offenders, and all other proceedings relating thereto, to the constable, or other person or persons so apprehending such offender or offenders, as aforesaid, who are hereby required to receive the same, 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 o'ender or o fienders is or are required to appear, by virtue of such recognizance; and such recognizance, examination or conféffion, shall be as good and effectual in jaw, to all intents and purposes, and of the same force and validity, as if the fame had been entered into, taken or acknowledged before a justice or jufices of the peace in and for the proper county, city or place where the ofence was committed, and the fame proceedings shall be had thereon ; and in cate luchi constable, or other person to whom such recognizance, examimation or confeffion, or other proceedings, shall be fo delivered as aforesaid, Mall refuse or neglect to deliver over the same to the clerk of the couit of general gaol delivery, or clerk of the peace of the county, city or place, where such ofender is required to appear by virtue of fuch recognizance, such conflable, or other person, shall forf-it the sum of ten pounds, to be recovered against him by action of debt, bill, plaint or information, in any court of record, by any person or persons who will procculte or fue for the fame: And in café the orience for which such olfender or offunders ball le apprehended and taken in any other county, city or place, ftall not be bail.bie in law, or fuch offender or ofenders shall not give bail for bis 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 oferce was committed, to the satisfaction of the justice bufore whom tuch ofiender or ottenders shall be brought, in such other county, city or place, tlen, and