Gambar halaman
PDF
ePub

feveral towns, precincts and diftricts, in the feveral counties of this ftate; and that no fuch town-meetings fhall be held longer than two days, and inall only be held open between fun-rife and fun-tet; any law, ufage or cutor, to the contrary notwithstanding.

CHA P. XVIII.

An ACT concerning Coroners.

Pailed 14th February, 1787.

LBE it enacted by the people of the fate of New-York, represe wed.. senate

and affembly, and it is hereby enated by the authority of the fame, That in every county of this state, fufficient men fhall be appointed to be coroners, of the moft wife and difcreet men of the fame county, who know, will, and may best attend upon fuch offices. And further, That every coroner upon notice, or being certified by the people of the county, fhall go to the places where any be flain, or fuddenly dead, or wounded, or where houles are broken open, or where treafure is faid to be found, and fail forthwith command twenty-four good and lawful men of the fame county, to appear before him, at fuch place in the fame county as he may find moft proper and convenient, and shall appoint; and when they, or any twelve or more of them, fhall appear, the coroner fhall, upon their oath, and upon view of the body, when any is flain, or fuddenly dead, inquire by what means and in what manner the perfon fo dead came to his or her death, and whether the perion fo dead be known or a ftranger, and where he or she lay the night before; and if fuch perfon was flain, where and when the fame perfon was flain, and whether it was in any house, field, bed, tavern, or company, and who were there, if any, and who were guilty, and in what manner, either of the act, or as acceffary, and who were present, either men or women, of what age foever they be, if they can fpeak, or have discretion; and fuch as fhall be found guilty by inquifition, in any of the manners aforefaid, shall be taken and delivered to the fherift, and shall be committed to the gaol; and if any perfon fhall be found dead in the fields or in the woods, it fhall be inquired, whether he or he was flain there or not; and if the body fo found, were brought and laid there, they fhall do fo much as they can to follow the fieps of those who brought the body thicher: And if any perfon be found guilty of murder, the coroner fhall immediately go unto his houfe, and fhall inquire how much land he hath, and what it is worth yearly, and what corn he ha h upon the ground, and what, goods and chattels he hath, and fhall value the fame lands, goods and chattels, as if they fhould be immediately fold; and thereupon the coroner fall fize and be answerable for the fame. And immediately after fuch inquiry fhall be made, the bodies of fuch perfons being flain or fuddenly dead, thall be buried. And in like manner it is to be inquired of perfons that be drowned or fuddenly dead, when their bodies be found, whether they were fo drowned, or flain, or ftrangled, or killed by any other, and what hurt found upon their bodies; whereupon the coroner and jury fall proceed in manner aforefaid. And in like manner it is to be inquired of them that die in prifon, or be killed by misfortune. And the coroner ought alfo to inquire of treasure that is found; who were the finders, and likewife who is fufpected thereof; and fuch as be fo found may be attached by the coroner, and bound, with at least two fureties, to appear before the juices of the next gaol delivery in the fame county, to answer the premies, Ant

moreover, If any be appealed of rape, they fhall be taken and delivered to the fheriff, and be committed to the gaol, if the appeal be fresh, and there be apparent fign of truth, by effufion of blood, or an open cry made; but if there was no cry, nor any manifeft fign or token of the truth of the appeal, the defendant fhall be bound, with two or more fufficient fureties, to appear before the juflices of the next gaol delivery in the fame county, to aniwer the premifes. And upon appeals of wounds, and fuch like, efpecially if the wounds be mortal, the parties appealed fhall be taken and delivered to the fheriff, and fhall be committed to the gaol, and kept until it be perfectly known whether the perfon hurt fhall recover or not; and if the perfon hurt, die, the defendant thall be kept; but if the perfon recover, the defendant may be let to mainprize, by one of the juflices of the fupreme court, but by none other: And if the wounds be not mortal, or if the appeal be for a maim, the defendant fhall be bound with two or more fureties, to appear before the juices of the next gaol delivery in the fame county, to aniwer the premies. And alfo, all wounds ought to be viewed, the length, breadth and depth, and how many wounds there be, and with what wea pons they were made, and in what part of the body the wound or hurt is, and who are guilty, and if there be many wounds, who gave each particular wound. And if any be appealed of any act done as principal, they that be appealed as acceffary, fhall alfo be taken, and fafely kept in gaol, until the principals be attainted or delivered. And if any be fufpected of the death of any perfon, or of doing any hurt to any perfon, fo as to endanger life, fuch perfon fo fufpected, shall be taken and imprisoned as aforefaid; all which things must be enrolled in the roll of the coroners. And moreover, Hue and cry fhall be levied for all murders and burglaries, and for men flain, or in peril to be flain; and all perfons fhall follow the hue and cry, and purfue the offenders as near as can be; and he that doth not, and is convict thereupon, by the record of the coroner, fhall be attached to be before the juflices of the next gaol delivery in the fame county, to anfwer the premises. And further, That all coroners fhall deliver their inquifitions and rolls, before the juftices of the next gaol delivery, in their respective counties; and the fame juftices fhall proceed thereupon against the offenders, if they be in gaol, and if not, the fame juftices fhall deliver the fame inquifitions and rolls into the fupreme court, there to be proceeded upon according to law.

II. And be it further enacted by the authority aforefaid, That every coroner, upon any inquifition before him found, whereby any perion or perfons fhall be indicted of murder or manflaughter, or as acceflary or acceflaries to the fame, before the murder or manflaughter committed, fhall put in writing the effect of the evidence given to the jury before him, being material; and every fuch coroner is hereby authorised and required to bind all fuch by recognizance, as do declare any thing material, to prove the faid murder or manflaughter, or to prove any perfon or perfons to be acceflary or acceffaries to the fame, to appear at the next gaol delivery to be holden within the county or city where the trial thereof fhall be, then and there to give evidence against the party fo indicted, at the time of his or her trial; and fhall certify, as well the fame evidence, as fuch recognizance and recognizances, in writing, as he fhall take, together with the inquifition, or indictment before him taken and found, to the fame court, at or before the time of the trial of the party fo indicted. And in cafe any coroner fhall be remifs, and do not take inquifition as aforefaid, or do not certify as is before ordained, or fall offend in any thing contrary to the true intent and moJA

ing of this act, the juftices of gaol delivery of the county or city where fuch offence fhall be committed, upon due proof thereof by examination before them, fhall, for every fuch offence, fet fuch fine upon every of the fame coroners, as the fame juftices of gaol delivery fhall think meet, and eftreat the fame as other fines and amerciaments affefied before juflices of gaol delivery, ought to be eftreated.

III. And be it further enaced by the authority aforefid, That any return made and figned by any one of the coroners for the time being, in any of the counties of this ftate, to any future procefs, except procets for fun moning juries, which shall iffue from and out of any court of record in this ftate, directed to the coroners of the faid counties refpectively, fhall, and is hereby declared to be as good and valid in law, to all intents, conftructions and purposes, as if fuch return was made and figned by all the coroners of the faid counties respectively; but the act or return of any one or more of the coroners, shall in no degree prejudice the reft.

[ocr errors]

B

СНА Р. XIX.

An ACT concerning Executors and Adminiftrators.

Pafld 14th February, 1787.

E it enated by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the jame, That from henceforth, executors fhall have a writ of account, and the fame action and process in the fame writ, as the teftator might have had, if he had lived.

II. And be it further enacted by the authority aforesaid, That executors fhall and may have an action for a trefpafs done to their teftator, as of the goods and chattels of the fame teftator, carried away in his life-time, against the trefpaflers, and recover their damages in like manner as the perfon whofe executors they be, fhould have had, if he or he were in life. And where any teftator or inteflate fhall, in his life-time, have taken or carried away, or converted to his or her ufe, the goods or chattels of any perfon or perions, fuch perfon or perfons, his or her executors or adminiftators, fhall hate and maintain the fame action against the executors or adminiftrators of fuch tellator or inteftate, as he, fhe or they might have had or maintained ağvinti fuch teftator or inteftate, and fhall have the like remedy and process for the damages recovered in such action, as are now had and allowed in other actions against exccutors or adminiftrators.

III. And be it further chafed by the auth wily forefold. That in actions againft divers executors, all the fame executors fall be e. [dued as one perion, reprefenting the perfon of the tellator; and allogg the fheriff and wer at the fummons, that fome of them have nothing, whereby he, the or they may be fummoned, yet there fhall be an attachment awarded upon him, her or them; and if the fheriff anfwer, that he, he or they have nothing whereby he, the or they may be attached, the giat d'the's 3 41 be awarded, and he, fhe or they, that do fit appear in the coet, fha", we to the plain iff; and in cafe judgment fall pais ter the plot, he or fe all have his or her judgment and execution against him, her or then, that have up peared, according to the law heretofore ufed, and againk al others named in the writ, of the goods of the tellator, as well as if they had all appear ed. But it is to be underflood, That if any, in fuch eve, will do accord

ing to the law that hath been anciently used, he or she may freely do it, not withlanding this ftatute.

IV. And bit further enacted by the authority aforefaid, That executors of executors fhall have actions of debt, account, and of goods carried away of the firft teftator, and execution of judgments obtained by, or recogniZances made to the firft teftator, in any court of record, in the fame manner as the firft teftator fhould have had if he were in life, as well of actions of the time paft, as of the time to come: And that the fame executors of executors fhall anfwer to others, of as much as they have recovered of the goods of the fill tellator, as the firft executors fhould do if they were in full life.

V. And be it further ented by the authority aforefaid, That where any perfon dieth inteltate, the widow, or next of kin, or any of them, of the deceafed perfon, if they, or either of them, will accept the fame; and if not, fome other proper perfon or perions fhall be deputed to adminifter the goods of the intellate; and that fuch adminiftrators fhall have actions to deand and recover as executors, the debts due to the faid perfon inteftate, and fhali anfwer to others to whom the inteflate was holden and bound, in the fame manner as executors fhall answer, and fhall be accountable as executors be, in cale of teflament, as well of the time paft as the time to come.

VI. And be it further enaced by the authority aforefaid, That a writ of idemptitate nominis, fhall and may be granted and made good and maintain, able for the executors of every teflator, and the adminiftrators of every perfon dying inteflate, to the fame effect, as the fame action of idemptitate nominis would have been maintainable for the teftator or inteflate, if such teftator or inteftate were in life, and were or might have been molefted or grieved, because or by colour of any outlawry of any perfon having fuch and the like names, as the fame teftator or inteftate had.

VII. And for as much as it is fometimes practifed to the defrauding of creditors, that fuch perfons as are to have the adminiftration of the goods of others dying intellate, committed unto them, if they require it, will not accept the fame, but fuffer or procure the administration to be granted to fome other of mean eflate, from whom themtelves, or others by their means, do take deeds of gifts, and authorities by letters of attorney, whereby they obtain the eftate of the inteftate into their hands, and yet stand not fubject to pay any debts owing by the fame inteftate, and fo the creditors, for want of knowledge of the place of habitation of the adminiftrator, cannot arreft or fue him or her; and if they happen to find him or her out, yet, for want of ability in him or her to fatisfy, of his or her own goods, the value of that he or fhe hath conveyed away or wafted, of the inteftate's goods, or releafed of his or her debts, the creditors cannot have or recover. their juft debts: Therefore, Be it further enalled by the authority aforefaid, That every perion and persons who fhall obtain, receive and have any goods or debts of any perfon dying inteftate, or a releafe or other discharge of any debt or duty that belonged to the inteftate, upon any fraud as is aforefaid, or without fuch valuable confideration as fhall amount to the value of the fame goods or debts, or near thereabouts (except it be in, or towards fatisfaction of fome juft and principal debt, of the value of the fame goods or debts to him or her owing by the inteftate, at the time of his or her de ceae) fhall be charged and chargeable as executor of his or her own wrong, and fo far only as all fuch goods and debts coming to his or her hands, or whereof he or she is releafed or difcharged by fuch adminiftrator, will fatisfy;

deducting nevertheless, to and for himself, allowance of all juft due and principal debts upon good confideration, without fraud, owing to him or her by the inteftate, at the time of his or her deceafe, and of all other payments made by him or her, which lawful executors or adminiftrators may and ought to have and pay by the laws of this flate.

Vill. And be it further enacted by the authority aforefaid, That where any judgment hath been, or fhall be had by or in the name of any executor or adminiflrator; and every fuch cafe, an adminiftrator de bonis non, may fue forth a scire facias, and have and take execution upon fuch judgment.

miniftrators of execu

liable for walle.

IX. And be it further enacted by the authority a'orefaid, Executors, and ad- That all and every the executors and adminiftrators of any tors or adminiftrators perfon or perfons, who, as executor or executors, either of right, or in his, her or their own wrong, or as administrator or adminiftrators, hath or have wafted or converted, or hereafter fhall wafte or convert any goods, chattels, eftate or aflets of any perfon deceased, to his, her or their own ufe, fhall be liable and chargeable, in the fame manner as his, her or their teftator or inteftate would have been, if living.

dians, &c. liable to

X. And be it further enacted by the authority aforefaid, Executors of guar: That actions of account fhall and may be brought and mainactions of account. tained against the executors or adminiftrators of every guardian, bailiff, and receiver.

XI. And be it further enaded by the authority aforefaid, That the executor and executors named by the teftator, or perfon deceafed, or fuch other perfon or perfons to whom adminiftration hath been or fhall be committed, where any perfon hath died, or fhall die inteftate, or by way of inteflate, calling or taking to him, her or them, fuch perfon or perfons, two at the leaft, to whom the faid perfon fo dying was indebted, or made any legacy; and upon their refufal or abfence, two other honeft perfons, being next of kin to the perfon fo dying; and in their default or abfence, two other honest perfons; and in their prefence, and by their difcretion, fhall make, or caufe to be made, a true and perfect inventory of all the goods, chattels, wares and merchandize, as well moveable as not moveable, whatfoever, that were of the perfon fo deceafed, and the fame fhall caufe to be indented, whereof the one part fhall be, by the faid executor or executors, adminiftrator or adminiftrators, prefented and delivered to the judge of the court of probates, or to the furrogate in whofe office the teftament of fuch perfon fo dying was proved, or adminiftration committed, upon the oath or oaths of fuch execu tor or executors, adminiftrator or adminiftrators, to be taken before the faid judge or furrogate, that the fame inventory is juft and true; and the other part of the fame inventory fhall remain with the faid executor or executors, adminiftrator or administrators.

CHAP. XX.

An ACT for the better apprehending of Felons.

Paffed 14th February, 1787.

BE it enacted by the people of the fate of New-York, reprefented in fena'e

and affembly, and it is hereby enacted by the authority of the fame, That when any murder, robbery, burglary, burning of houfes, theft, or other felony, fhall be committed, cries thereof fhall be folemnly made immediately in all the towns, markets and places of public refort, near where the fame

[ocr errors]
« SebelumnyaLanjutkan »