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such as the court Osall approve, to secure the defendant double colis, to become due on a discontinuance, withdrawing of the suit, or an acquittal, er negleet to bring the same to trial within five terms after the appearance of the defendant to answer the same.
XXII. And be it further ented by ihe authoriy afirelaid, That if any person shall be guilty of any disorderly conduct at any such election for governor, lieutenant-governor, fenators and members of allembly, or any of them, or of using any indirect, sinister or corrupt means to in uence any elector or electors, in giving in his or their ballots, the major part of the inspectors at fuch election are hereby authorised, empowered and required to tommit the offender to the goal of the county, there to reinain committed, for a space not exceeding thirty days; and all theriffs, under-merills, confiables and goalers, are liereby itrictly charged, commanded and required to aid and obey the inspectors liercin.
XXIII. and be ii further channed by the arithority aforei Perrons guilty of Mind, That whoever shall, by bribery, menace, or other bribery or corruption t forfeit gool. corrupt means or device whatsoever, cither directly or indirectly, attempt to influence any free elector of this state, in giving his vote or ballot, or deter him from giving the same, at any election within this state, and mail thereof be convicted, such person fo ofending and convicted, snall forfeit and pay, for every such offence, the fum of five hundred pounds, to be sured for and recorered by any perfon, and in the manner, and under the restrictions above prescribed, in actions to be brought for neglect of duty, or corrupt misbehavior ; one moiety of which penalty ihail be recovered to the use of the person suing and profecuting for the fune, and the other moiety thereof to the use of the people of this state : and on such conviction, tin perfon convicted all thenceforth, and forever thereafier, Itand and be utterly disabled, disqualified and incapacitated to hold, excrcile or enjoy any ofice, or place of trust or profit whatsoever, within this ftate.
XXIV. be it firther endly the culorily are What morfins net That no perfon under the age of twenty one years, nor qualities to vote.
any person not a citizen of this fata, or of one of the United States, shall have a right to vote at any election in this itate.
XXV. And be il litriher enacted by the authority aforefridd, Alortza corsor mort. That every mortgagor, while he continues in the occupagayees in portfellion, entitled to vote.
tion of the premites mortgaged, and every inorigigee of a real eltate, to him and his heirs, after he obtains poffeffion of the mortgiged premises, and every person posterled of a freehold in right of his wife, shall be deemed and etteemed a freeholder within the meaning of this act.
XXVI. And be it further endled by the authority aforesaid, What perfons dis That all and every person and persons, inhabitant and in-. quulified to hold any vitice
or habitants of this tate, who at any time after the ninth profit.
day of July, in the year of our Lord one thousand seven hundred and seventy-fix, and during the late war between the king of GreatBritain and the United States of America, did voluntarily take up arms with the Britilh troops, or with the Indians then at war with this state, or any of the United States; and cvery person or persons who did, within the time aforesaid, voluntarily take any commission or appointment in the army or navy of the king of Great-Britain, and every person and persons who shall ha ve acted as captain, lieutenant or master of any privateer or privateers, or vesels of war, to cruise against or commit hoftilities upon the veftels, property
or persons of any of the citizens of this state, or any other of the United Suites, shall be, and hereby is and are declared to be, uiterly disabied, difqualified and incapacitated 10 hold, exercise or enjoy a feat in either house of the le, Nature, or any office or place of truit, honor or profit whütroever, within this itate. Provided always, That nothing in this act contained, shall be confrued to disqualify persons who have not been commissioned or employed otherwise than as oficers of the militia, or in doing militia duty during the time aforesaid. And provided further, That nothing in this ac contained, hall be construed to disqualify any person who has been naturalized since the said ninth day of July, one thousand leven hundred and seventy-lix.
XXVII. And be it firih r en.&led l’y the authority aforesaid, fit feff. ch. 16.
That the act, entitled, 1 An act to regulate elections within $4'h (off.ch. 36. this itate ; and the second lection of the act, entitled, 7 An act for the better fecu.ing the independence of this fate, and to that end requiring all public officers and electors within this state, to take the test oath therein contained; and the second section of the act entitled, || An act to Oyth fell. ch. 66. preerve the freedom and independence of this state, and
for other purposes therein mentioned; and all laws heretofore made in this state, whie the fame was the colony of New York, relating to the election of representatives to fit in general allembly, shall be, and herchy are repealed.
CH A P. XVI.
Pafled 4th February, 1787. . 1. Be
E it enaĉied by the people of the fate of New-York, represented in fenate
und aljon.bly, and it is hereby ended by the authority of the fame, That for the more orderly holding of town-meetings, it shall be, and is hereby made the duty of the justices of the peace, for the time being, to attend at every town, precinct and district meeting, hereafter to be held in and for the town, precinct or district in which they respectively refide; and that the said justices of the peace, or such of them as shall attend at fuch meeting, shall preside at and superintend the fame, and take care that the business thereof be orderly and regularly conducted; and Mall, in case of dispute, determine who have and who have not a right to vote or be elected at such meeting according to law. And if no justice of the peace shall refide in the town, precinct or diflrict, at the time of holding fuch meeting, then the clerk of the town, precinct or district, who was elected at the last preceding meeting, Ihall preside at such meeting, and have and exercise all the powers and authorities hereby vested in the justices.
II. And be it für her en iddiy the authority aforesaid, That every male person, being a citizen of this state, who shall be above the age of twentyone years, and shall have resided in any town, precinct or district, six months next preceding such town, precinct or district meeting, and paid taxes withirr the same, or Mall be poffcfied of a freehold, or shall have rented a tenement of the yearly value of forty shillings, for the term of one year, within the fame, shall liave a right to vote at such meeting, and no other person.
III. And be it furiher enacted by the cui hority aforesaid, Tiine, place, and That the firft Tuesday in April, in every year hereafter, shall inostinga. be the anniversary day of holding town-meetings in the
continuance of town.
feveral towns, precincts and districts, in the several counties of this state; and that no such town-meetings shall be held longer than two days, and shall only be held open between fun-rise and fun-let; any law, usage or curtoir, to the contrary notwithstanding.
CH A P. XVIII.
Palled 14th February, 1787. 1. B
E it enacted by the peo-le of the fate of New-York, reprejercdes fenata
and allembly, and it is hereby e suced by the authority of the lume, That in every county of this state, suficient men shall be appointed to be coroners, of the most wife and discreet men of the fame county, who know, will, and may beft attend upon such offices. And further, That every coroner upon notice, or being certified by the people of the county, shall go to the places where any be lain, or fuddenly dead, or wounded, or where houles are broken open, or where treasure is said to be found, and shall forthwith command twenty-four good and lawful men of the same county, to appear before him, at such place in the same county as he may find most proper and convenient, and Niall appoint; and when they, or any twelve or more of them, shall appear, the coroner shall, upon their oath, and upon view of the body, when any is flain, or suddenly dead, inquire by what means and in what manner the perfon to dead came to his or her death, and whether the perion so dead be known or a stranger, and where he or she lay the night before ; and if such person was 1lain, where and when the same person was flain, and whether it was in any houé, field, bed, tavem, or company, and who were there, if any, and who were guily, and in what manner, either of the act, or as accessary, and who were present, either men or women, of what age foever they be, if they can speak, or. have discretion ; and such as fhall be found guilty by inquifition, in any of the manners aforesaid, shall be taken and delivered to the herit, and ihall be committed to the g?o!; and if any person shall be found dead in the fields or in the woods, it shall be inquired, whether he or she wus lain there or pot; and if the body to found, were brought and laid there, they shall do so much as they can to follow the lieps of those who brought the body thi:her : And if any person be found guilty of murder, the corner shall immediately go unto his house, and shall inquire how much land he hath, and what it is worth yearly, and what corn he han upon the ground, and what goods and chattels he hath, and shall value the same lands, goods and chaitels, as if they fhould be immediately fold ; and thereupon the coroner Nall size and be answerable for the fame. And immediately after such inquiry shall be made, the bodies of such persons being ilain or suddenly derd, lhall be buried. And in like manner it is to be inquired of perfons that be crowned or suddenly dead, when their bodies be found, whether they were so drowned, or sain, or itrangled, or killed by any other, and what hurt found upon their bodies; whereupon the coroner and jury fesli proceed in manner aforesaid. And in like manner it is to be inquired of them in die in prison, or be killed by misfortune. And the coroner ouglit also to in-. quire of treasure that is found; who were the finders, and likerite wha is suspected thereof; and such as be so füund may be attached by the corener, and bound, with at least two lureries, to appear before the juices of the next gaol delivery in the same county, to antwer the premis Art
moreover, If any be appealed of rape, they shall be taken and delivered to the sheriff, and be committed to the gaol, if the appeal be freih, and there be apparent tign of truth, by effufion of blood, or an open cry made; but if there was no cry, nor any manifest sign or token of the truth of the appeal, the defendant fall be bound, with two or inore sufficient sureties, to appear before the juslices of the next gaol delivery in the same county, to aniwer the premises. And upon appeals of wounds, and such like, especially if the wounds be mortal, the parties appealed shall be taken and delivered to the therif, and shall be committed to the gaol, and kept until it be perfectly known whether the person hurt shall recover or not; and if the person huit, die, the defendant shall be kept; but if the person recover, the defundanı may be let to main prize, by one of the justices of the supreme court, but by none other : And if the wounds be not inortal, or if the aureal be for a maim, the defendant Mall be bound with two or more sureties, io appear before the juilices of the next gaol delivery in the same county, to aniwer the preniles. And also, all wounds ought to be viewed, the length, breadth and depth, and how many wounds there be, and with whm weapons they were made, and in what part of the body the wound or huit is, and who are guilty, and if there be many wounds, who gave each partic!lar wound. And if any be appealed of any act done as principal; they that be appealed as acceffary, shall also be taken, and fafely kept in gaoi, until the principals be attainted or delivered. And if any be fufpected of the death of any person, or of doing any hurt to any person, so as to.endanger life, luch person fo fufpected, thall be taken and imprisoned as aforesaid; all which things must be enrolled in the roll of the coroners. And moreover, Hue and cry shall be levied for all murders and burglaries, and for men llain, or in peril to be Nain ; and all persons shall follow the hue and cry, and pursue the offenders as near as can be ; and he that doth not, and is convict thereupon, by the record of the coroner, fall be attached to be before the juslices of the next gaol delivery in the fame county, to aniwer the premiles. And further, That all coroners Mall deliver their inquisitions and rolls, before the justices of the next gaol delivery, in their respective counties; and the fame justices shall proceed thereupon against the offenders, if they be in gaol, and if not, the fame justices shall deliver the faine inquisitions and rolls into the supreme court, there to be proceeded upon according to law.
II. And be it for her cueled by the authority aforesaid, That every coroner, upon any inquisition before him found, whereby any perion or perfons shall be indicted of murder or manslaughter, or as acceílary or acceslaries to the fame, before the murder or manilaughter committed, Mall put in writing the effect of the evidence given to the jury before him, being material ; and every such coroner is hereby authorised and required to bind all such by recognizance, as do declare any thing material, to prove the faid murder or manslaughter, or to prove any person or persons to be accessary or accesiaries to the same, io appear at the next gaoi delivery to be holden within the county or city where the trial thereof Thall be, then and there to give evidence against the party so indicted, at the time of his or her trial ; and Mall certify, as well tlie fame evidence, as such recognizance and recogrizances, in writing, as he shall take, together with the inquisition, or indictment before lain taken and found, to the faine court, at or before the time of the trial of the party fo indicted. And in case any coroner shall be remiss, and do not take inquisition as aforesaid, or do not certify as is before ordained, or shall offend in any thing contrary to the true intent and mcua
ing of this act, the justices of gaol delivery of the county or city where such ottence shall be committed, upon due proof thereof by examination before them, shall, for every such offence, set such fine upon every of the same coroners, as the same justices of gaol delivery mall think meet, and estreat the fame as other fines and amerciaments affulled before justices of gaol delivery, ought to be eftreated.
II. And be it further enated by the authority aforeluid, That any return made and signed by any one of the coroners for the time being, in any of the counties of this state, to any future process, except procels for fummoning juries, which shall iffue from and out of any court of record in this itate, directed to the coroners of the said counties respectively, shall, and is hereby declared to be as good and valid in law, to all intents, constructions ar purposes, as if such return was made and signed 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 rest.
CH A P. XIX.
Pallid 14th February, 1787. 1. E it erailed by the people of the flatc of New-york, reprcferiod is furate
and af embly, and it is hereby chuced by the authority of the lume' That from henceforth, executors shall have a writ of account, and the fane action and process in the same writ, as the teftator might have had, if he had lived.
II. And be it further endded by the authority aforefid, That executors shall and may have an action for a trespais done to their teftator, as of the goods and chattels of the saine testator, carried away in his life-time, ag irit the trespallers, and recover their damages in like manner as the person whole executors they be, should have had, it he or she were in life. And where any teftator or inteflate shall, in luis life-tiine, have taken or carried away, or converted to his or her use, the goods or chattels of any person or perionis, fuch person or persons, his or her executors or adminit ators, ha!! harcand maintain the fame action against the executors or adinine diors of such tellator or inteftate, as he, she or they might have had or maintained ağvinit such teftator or inteftate, and shall have the like remcuyaud process for Lind:mages recovered in such action, as are now had and allowed in other actions against executors or administrators.
III. did he it further concied ly the with right ac, Phat in actirtis against divers executors, all the same exekutors Inc. de ied as one . perion, repretenting the perion of the tellator ; and a feritoni: wer at the summons, thai some of thein have muling, kiciciyle, Nie or they may be ummoned, yet there Niall be an attacimutanwälted upon liri, her or them ; and if the scritt answer, that he, fie er ihn v have nothing whereby he, the or they may be atinchevi, the great witties 13.-!e award ed, and he, me or they, that do fuit appear in the cit, this willing to the plain iff'; and in cale judgment iliall rais tor the plainti, le or licha hare his or her judgment and execution againit him, htio, itt halt a['• plaret, according to the law heretofore used, and gamit ai ohes naire in the writ, of the goods of the tefta&or, as we as if iclad a'l apped! ed. But it is to be underflood, That if any, in fuchcie, w:] ve altoid