certify under his hand, upon the back of the record, that an affault and bat tery was fufficiently proved by the plaintiff against the defendant, or that the freehold or title of the land mentioned in the plaintiff's declaration, was chiefly in queftion, the plaintiff in fuch action, in cafe the jury fhall find the damages to be under the value of forty fhillings, fhall not recover or obtain more cofts of fut than the damages fo found fhall amount unto: And if any more cofts in any fuch action fhall be awarded, the judgment fhall be void, and the defendant fhall, by this act, be acquitted of and from the fame, and may have his action against the plaintiff for fuch vexatious fuit, and recover his damages and cofls of fuch fuit, in any of the faid courts of record. VI. And be it further enacted by the authority aforefaid, That in all actions upon the cafe, for flanderous words, to be fued or profecuted by any perfon or perfons in the fupreme court, if the jury, upon the trial of the iffue in fuch action, or the jury that fhall enquire of the damages, do find or affefs the damages under forty fhillings, then the plaintiff or plaintiffs in fuch action, fall have and recover only fo much cofts, as the damages fo given or affeled, amount unto, without any further increase of the fame. VII. And be it further enacted by the authority aforefaid, That in all actions of trefpafs to be commenced and profecuted in any court of record within this flate, wherein at the trial of the cause it shall appear and be certified by the judge, under his hand, upon the back of the record, that the trefpafs upon which any defendant fhall be found guilty, was wilful and malicious, the plaintif fhall recover not only his damages, but his full cofs of fuit; any thing in this act contained to the contrary notwithstanding. of fire facias and p. 0 demurrer. VIII. And be it further enafied by the authority aforefaid, Colts given on writs That in all fuits upon any wiit or writs of fcire facias, and hibition, after plea or fuits upon prohibitions, the plaintiff obtaining judgment, or any award of execution, after plea pleaded, or demurrer joined therein, shall likewife recover his cofts of fuit; and if the plaintifhall become non-fu, or fuffer a difcontinuance, or a verdet fhall pass against him, the defendant fhall recover his cofts, and have execution for the fame in manner aforefaid: or more defendants have colts. IX. And be it further enacted by the authority aforefaid In what cafes one That where feveral perfons are or fhall be made defendants being acquitted, fall to any action, bill or plaint of trefpafs, affault, falfe imprifonment, or ejectment, and any one or more of them fhall be, upon the trial thereof, acquitted by verdict, every person or perfons fo acquitted, fhall have and recover his or her cofts of fuit, in like manner as if a verdict had been given against the plaintiff or plainti ́s, and acquitted all the defendants, unle's the judge before whom fuch cause shall be tried, shall immediately after the trial thereof, in open court, certify upon the record, under his hand, that there was a reafonable caufe for the making fuch perfon or perfons a defendant or defendants, to fuch action, bill or plaint. X. And be it further enacted by the authority aforefaid, That when and as often as any perfon or perfons fhall fue forth, or by any means caufe or procure to be fued forth, out of any court, any bill, latitat, capias, alias, or plurics capias, against any perfon or perfons, who upon the fame writ or writs, or proces, fhall happen to be imprisoned, or fhall, upon the return of the fame writ or writs, or process, appear and put in bail, to anfwer fuck fuit as fhall be objected against him, her or them, according to the common order or practice of fuch court; then, and in every fuch cafe, if the party or parties, at whofe fuit the fame writ or writs, or procefs, was or were obtained the er fued forth, do not, before the end of the next term or court, after the return of the fame writ or writs, or procefs, or after fuch bail had and taken, put into the fame court, his, her or their bill or declaration, against the fame party or parties, against whom fuch writ or writs, or process, hath been, or thall be fued; or if after a declaration had and put into the fame court, the plaintiff or plaintiffs, in fuch cafe, fhall not profecute the fame with effect, but shall willingly and apparently to the fame court fuffer his, her or their fuit to be delayed, or fhall fuffer the fame fuit to be difcontinued, or other wife fhall be non-fuit in the fame, then and in every fuch cafe, fuch court fali or may, at their discretion, award and adjudge, to every fuch perfon and perfons fo arrefted, vexed, molefted, or troubled by fuch writ or writs, or process, or fuit, his, her and their cofts, damages and charges, by any means fuftained by occafion of any fuch writ or writs, procefs, arreft or fuits, taken, fued, or had against him, her or them, to be paid by fuch perfon or perfons fo caufing or procuring any fuch writ or writs, or process, to be fued forth, as aforefaid; and for which cofts, damages and charges, the perfon or perfons to whom, the fame fhall be awarded or adjudged, fall and may have like execution as aforefaid. plaintiffs on demurrer XI. And be it further enacted by the authority aforesaid, Cofts given against That if at any time hereafter, any perfon or perfons fhall and writs of error. commence or profecute in any court of record, any action, plaint or fuit, wherein, upon any demurrer, either by plaintiff or defendant, demandant or tenant, judgment fhall be given by the court against fuch plain-. tiff or demandant; or if at any time after judgment given for the defendant or tenant, in any fuch action, plaint or fuit, the plaintiff or demandant shall fue any writ or writs of error, to annul the faid judgment, and the faid judgment fhall afterwards be affirmed to be good, or the faid writ of error fhall be discontinued, or the plaintiff fhall be non-fuit therein, the defendant or tenant, in every fuch action, plaint, fuit or writ of error, fhall have judgment to recover his cofts against every fuch plaintiff or plaintiffs, demandant or demmandants, and have execution for the fame, in like manner as aforefaid. XII. And be it further enacted by the authority aforefaid, That if any defendant or defendants, tenant or tenants, or any other perfon or perfons, that shall be bound by any judgment obtained in any court of record, shall fue, before execution had, any writ of error, to reverfe any fuch judgment in delay of execution; that then, if the fame judgment be affirmned good in the faid writ of error, and not erroneous, or if the faid writ be difcontinued in the default of the party, or if any perion or perfons that fueth any writ of error be non-fuited in the fame, that then the faid perfon or perfons against whom the faid writ of error is fo fued, fhall recover his, her or their cofts and damages, for his, her or their delay and wrongful vexation in the fame, to-be afleffed and taxed by the difcretion of the juftices or court before whom the faid writ of error is returnable, and have execution for the fame in manner aforefaid. every XIII. And be it further enacted by the authority aforesaid, That if any perfon or perfons fhall fue or profecute any writ or writs of error, for reverfal of any judgment whatfoever, given after any verdict in any of the courts aforefaid, and the judgment fhall afterwards be affirmed, then fuch perfon or perfons fhall pay unto the defendant or defendants in the faid writ or writs of error, his, her or their double cofts, to be affeffed by the court where fuch writ of error Ghall be depending, for the delaying of execution. On writs of error qrhed, the detendet to have cults. XIV. And be it further enacted by the authority aforesaid, That upon the quafhing any writ of error for variance from the original record, or other defect, the defendant or de-. fendants in fuch writ of error, fhall recover, against the plaintiff or plaintifs ifluing out fuch writ, his, her or their cofts, as he, fhe or they fhould have had, if the judgment had been affirmed, and to be recovered in the fame manner. away in certain cafes. XV. And be it further enacted by the authority aforefaid, Capias profine taken That no writ or writs, commonly called capias pro fine, in any fuit or action of trefpafs, ejectment, aflault, and false imprisonment, in any court of record, be fued out or profecuted against any defendant or defendants, or any further procefs thereupon, but the fame fines are and fhall hereby be remitted and forever discharged. XVI. And for preventing vexatious fuits in courts of equity; Be it further enacted by the au hority aforesaid, That upon the plaintiff's difinilting his own bill, or the defendant's difmiting the fame, for want of profecution, the plaintiff in the fuit fhall pay to the defendant or defendants, his, her or their full cofls, to be taxed by a mailer. cofls in Luts for debts Juc to the ftate. XVII. And be it further enacted by the authority aforefaid, Defendants to pay That in all fuits commenced, or to be commenced, upon any obligation or specialty, made or to be made to the people of the fate of New-York, or to any perfon or perions, to or for their ufe, the people of this ftate, or other plaintiff or plaintiffs, fhall. have and recover both the debt and cofts, and damages, as any other common perfons may do in fuits for their debts. have coffs in fuits 10 the itate. XVIII. And be it further enacled by the authority aforefaid, Defendants not to That where any fuit on action is or fhall be cominenced, brought for debts due fued and profecuted, by and in the name of any perfon or perfons, for any debt, fum or fums of money, due, owing or belonging to the people of this flate, and the plaintiff or plaintiffs fhall be non-fuited therein, or if a verdict fhall pass against fuch plaintiff or plaintiffs, the defendant or defendants fhall not recover any cofts against fuch plaintiff or plaintiffs. XIX. Provided always, and be it further enacted by the authority aforefaid, That nothing in this act contained, fhall extend to any popular action, nor to any action to be profecuted by any perfon in behalf of himself and the people of this flate, upon any penal flatute; nor to any indictment, prefentment, inquifition or appeal. 'Amended, 14th feff. ch. 5. ballot, &c. CHAP. XV. Paffed 13th February, 1787. E it enacted by the people of the fate of New-York, reprefented in fenale and affembly, and it is hereby enacted by the authority of the fame, That Elections to be by all elections for governor, lieutenant-govemor, fenators and members of affembly, fhall be by ballot; and that fuch elections fhall be held, not by counties, but by wards, in the cities of NewYork and Albany; and by cities, towns, manors, precincts and diftricts, in all other parts of this flate; and for that purpofe, the laft Tuelday in April, On laft Tuesday in in every year, forever hereafter, fhall be the anniverary day on which fuch elections fhall refpectively be held, and April, yearly. from which the fame fhall be refpectively continued by adjournments, if neceffary, from day to day, not exceeding five days, until the fame shall refpectively be completed. 11. And be it further enacted by the authority aforefaid, That the respective town-clerks, fupervisors and affeffors of the feveral cities, towns, manors, precincts and diitricts in this ftate, for the time being, or the majority of them, or the furvivors of them, or the majority of fuch furvivors, hall, from time to time, be the inspectors of the faid election in each city, town, manor, district and precinct refpectively, except in the cities of New-York and Albany, wherein the appointment fhall be as follows; That is to fay, That the mayor, recorder, aldermen and affiftants, or common-council-men, fhall convene together in common council, at the city-hall of the faid cities refti pectively, on the firft Tuefday of April, in every year; and then and there hall, by plurality of voices, elect from among the fubftantial ficeholders actually refident in each ward in the faid cities respectively, three perfons for infpectors of the then enfuing election, to be held in the feveral wards of the faid cities refpectively, for governor, lieutenant-governor, fenator or fenators, and members of aflembly, or fuch of them as by the conftitution of this ftate and this act, fhall be to be chofen at fuch election.、 III. And be it further enacted by the authority aforefaid, Clerk of the nate That the clerk of the fenate for the time being, fhall forthto give notice of choofing governor, with, in the prefent year, and between the firil day of JaLieutenant-governor, nuary and the fift day of March, in every year hereafter, See 13th feff.ch.35. inclofe and fend in writing under his hand, to the feveral Theriffs of the different counties in the respective great diftricts of this ftate, a notification of the names of the fenators for each refpective district, whofe feats are to become vacant at the expiration of the year; and of the names of thofe, if any, whofe feats are become vacant, by death or otherwife; and of the number of fenators to be elected in fuch diflrict at the next enfuing election. And also that a governor, and lieutenant-governor, or a lice tenant-governor only (as the cafe may require) is or are to be chofen at the then next election, if any fuch choice fhall be neceffary. And in cafe of the death or inability, or of the removal of fuch clerk out of this ftate, it shall be the duty of the fecretary of this ftate, and he is hereby enjoined to do all and every thing and things, which the faid clerk is hereby enjoined to do. And each fheriff fhall, without delay, tranfmit a copy of fuch notification to fome one inspector in each ward, town, manor, diitrict and precinct refpectively in his county; and alfo affix a copy of the fame notification upon the door of the court-house in his county. IV. And be it further enacted by the authority aforefaid, That each infpector, upon receiving fuch notification as aforefaid, fhall immediately give notice thereof to the other infpectors of the fame ward, town, manor, precinct or diflrict; and the feveral and refpective infpectors for each refpective ward, town, manor, precinct and district, or the major part of them, fhall, without delay, convene together, and by writing under their respective hands, to be affixed in at least three of the moft public places of fuch ward, town, manor, precinct or diftrict refpectively, give eight days notice of the place (which hall be the moft public and convenient for the purpose) within the fame, where fuch election for a governor. lieutenant-governor, fenator or fenators, and members of affembly, or fuch of them as fhall then be to be chofen, then next fhall be held within the fame, on the anniverfary day hereby appointed for that purpofe; and on fuch day, and at fuch place, the feveral infpectors ballots for members of affembly fhall be put into the box, and which box fhail only be opened at the times herein after mentioned. to be difpofed of, un And further, That on every adjournment of the poll, the How the poll-lifts clerks books, or poll-lifts for governor, lieutenant-governthe a journment of Or, fenators and members of affembly, or fuch of them as the poll. are then to be chofen, fhall be carefully compared in the prefence of the inspectors, and any mistakes in either of them, fhall be corrected according to the judgment of the major part of the infpectors; whereupon the boxes fhall be opened, the books or poll-lifts put into them refpectively, and the boxes then locked with the books or poll-lifts therein, and the keys delivered to fuch one of the infpectors, as the majority of them fhall appoint: And the feal or feals of one or more of the infpectors, fhall be put upon the faid boxes, fo as to cover the holes in the lids thereof. And the boxes fhall then be delivered to fuch other one of the inspectors attending fuch election, as a majority of them fhall direct, who fhall carefully keep the fame, and fhall, without having fuffered the fame to be opened, or the faid fear or feals to be broken or removed, deliver the fame boxes in at the election table, at the next opening of the poil, in the prefence of all the fpectators attending on the laid election; when and where the feals fhall be broken, and the boxes opened, and the poll-books or lifts taken out, and the boxes again locked, in order to proceed in the faid election; which courfe fhall be obferved and pursued until the poll be closed. not to be qualified, to take an oath. VII. And be it further cnacted by the authority aforefaid, Electors fifted That whenever any perfon fhall prefent himself to give his vote or ballot, at any fuch election as aforefaid, as a freeholder qualified by the conftitution of this flate to vote for a governor or lieutenant-governor, and either of the inspectors fhall fufpect, or any other perfon entitled to vote at fuch election fhall challenge him to be unqualified for the purpofe, the infpectors fhall tender and adminifler to him the following oath, to wit: I do folemnly and fincerely fwear and declare, in the prefence of Almighty God, That I am poffeffed of a freehold in my own right (or, in the right of my wife, as the cafe may be) of the value of one hundred pounds, within this ftate, over and above all debts charged thereon; and that I am an actual refident of the ward, town, manor, diflrict or precinct of in the county of (as the cafe may be) and have not been before polled in any part of this flate, at this election. And that whenever any perfon fhall prefent himself to give his vote for fenators, and either of the infectors fhall fufpect, or any perfon entitled to vote at fuch election fhall challenge him to be unqualified for the purpose, the inspectors fhall tender and adminifter to him the following oath, to wit: do folemnly and fincerely fwear and declare, in the pre I fence of Almighty my a in the right (or in the right of my wife, as the cafe may be) of the value of one hundred pounds, within the county of diftrict (as defignated by the conflitution of this flate) over and above all debts charged thereon; and that I am an actual refident of the ward, town, manor, dif trict or precinct of in this county (as the cafe may be) and have not been before polled in any part of this flate, at this election. And that whenever any man fhall prefent himfelf to give his vote or ballot for members of affembly only, and either of the faid infpectors shall fufpect, |