felony fhall be committed, fo that no man, by ignorance, may excufe him if; and that fresh purfuit after fuch robbers and felons, fhall be forthwith made from town to town, and from county to county, by horfemen and footmen, to apprehend and arreft the fame robbers and felons. And further, That all men generally be ready, and armed and accoutred, at the commandment and fummons of fheriffs, coroners, bailiffs, conflables and marinals;. and at the cry of the country, to purfue and arreft felons whenever there fhall be occafion, as well within franchife as without; and they who will not do fo, and be thereof convicted, either in the fupreme court, or before juices authorifed or affigned to hear and determine, or before the juftices of the peace, at their general feflions, in and for the city or county where fuch neglect hall happen, fhall be punished by fine, according to the difcretion of the juftices of the fame court And if any fheriff, coroner, bailiff, conftable or marshal, within any franchife, or without, for reward, or for prayer, or for fear, or for any manner of affinity, or for any other caufe, fhall conceal, or confent or procure to be concealed, any felony whatsoever, or will not attach or arreft fuch felons when he may, or otherwife will not do his office, for favour to fuch miidoers, or for any other caufe, and be there of convicted, in any fuch court as aforefaid; he and they and every of them fo offending, fhall be punished by fine and imprisonment, according to the difcretion of the juftices of the fame court. CHA P. XXI. An ACT for the Punishment of the Vice of Buggery. Pafled 14th February, 1787. BE E it enacted by the people of the fate of New-York, reprefented in fenal: and affembly, and u is hereby enacted by the authority of the fame, That the detcitable and abominable vice of buggery, committed with mankind or beat, fhall be from henceforth adjudged felony; and fuch order and form of process therein, fhall be used against the offenders, as in cafes of felony at the common law; and that every perfon being thereof convicted, by verdict, confeflion or outlawry, fhall be hanged by the neck, until he or fre fhall be dead. I. CHA P. XXII. Paffed 14th February, 1787. E it enacted by the people of the fate of New-York, reprefented in fenale all wilful killing by poisoning of any perfon or perfons, done, perpetrated or committed, or that at any time hereafter fhall be done, perpetrated or committed, fhall be adjudged, taken and deemed wilful murder of malice prepenfe; and the offenders therein, their aiders, abettors, procurers and counfellors, fhall fuffer death, and forfeit, in every behalf, as in other cafes of wilful murder of malice prepenfe. II. And be it further enated by the authority aforefaid, That if any perfon or perfons fhall ftab or thruft any perion or perfons, that hath not then any weapon drawn, or that hath not then firft ftricken the party who fhall fo ftab or thrut, fo as the perfon or perfons fo ftabbed or thruft, fhall thereof die within the space of fix months then next following, although it cannot be Not to ext ndto any in his own de ence, or oved that the fame was dont of m lice aforethought, every fuch unlawful kiling fhall be adjudged, taken and deemed, wilful murder: And the offenders therein, their aiders, abettors, procurers and counsellors, fhall futter death, and forfeit, in every behalf, as in other cates of wilful murder of malice prepenfe. Bat this fhall not extend to any perton or perions perior killing another who fhall kill any perfon or perfons in his, her or their own by misfortune. defence, or by misfortune, or in any other manner than as aforefaid; nor to any perfon or persons who, in keeping and preferving the peace, fhall chance to kill any perion or perfons, lo as fuch killing be not done wittingly, willingly, and of purpose, under pretext and colour of keeping the peace; nor to any perion or perfons, who, in chaliling or correcting his, her or their child, or fervant, ihal, contrary to his, her or their intent and purpofe, chance to kill fuch child or fervant. attesting to rob or III. And be it further enacted by the authority aforesaid, 'That when a firvant killeth his maiter, or a wife her hutband, of malice prepenfe, fuch ofFences fhall be deemed and adjudged to be, and fhall be punifhed as murder, IV. And be it friher enacted by the authority aforesaid, Perfons killing others That if any evil difpofed perfon or perfons fhall attemp smurder, to be acqui- feloniously to rob or murder any perlon or perfons, in or nigh any highway, or in his or their manfion-house or dwelling-place, or hall felonioufly attempt to break any dwelling-house in the night, and fhall happen, in his or their being in fuch their felonious attempt, to be flain by him, her or them, whom the faid evil-doers shall fo attempt to rob or murder, or by any person or perfons being in the dwellinghoufe, which the fame evil-doers fhall attempt burglarioully to break by night; then, and in every fich cafe, if the perfon or perions fo happening to kill any fuch perfon or perfons, fo attempting to commit any fuch murder, robbery or burglary, fhall be indicted or appealed of or for the death of fuch evil-dilpofed perfon or perfons, fo attemping to commit murder, robbery or burglary, as aforefaid, if it be found by verdict, that the party fo indicted or appeaed, killed fuch evil-difpofed perion or perfons in fach felonious attempt, the party to indicted or appealed, thall not forfeit or lofe any thing for the death of fuch evil-difpofed perfon, in manner aforefald flain, but shall be thereof, and for the fame, fully acquitted and difcharged, in like manner as the fame perion or perfons fhould be, if he, he or they were lawfully acquitted of the death of the faid evil-ditpofed perion or perfons. in their own defence, V. And be it further ended by the anchorny aforefute, Perfons killing others That upon all indictinents and appeals of or for the death or by misfortune, t of any perfon or perions, if it be found by verdict, that the be acquited. party indicted or appealed, killed the perfon or perions for whofe death he, he or they is, are or fall be indicted or appealed, in his, her or their own defence, or by misfortune, then, and in every fuch cate, the party fo found by verdict to have killed the per'on or perfons for whore death he, the or they is, are or fhall be indicted or appealed, in his, her or their own defence, or by misfortune as aforefaid, thall not forfeit or lose any thing for the death of the fame perfon or perfons, fo kuled, but fhall be thereof, and for the fine, fully acquitted and difcharged. VI. And be it further enacted by the authority for fuld, Perfens killing others That upon all indictments and appeals, of or for the death in aprehending tray. s or felons, or in of any perfon or pericns, if it be found by verdict, that de c. or in fupprefing party indicted or appealed happened to kill the perfon on defence of lufband, X X riots. &c. to be ac quated. perfons for whoe death he, fe or they is, are or fhall be indicted or appealed, in attempting or endeavouring, by any lawful ways or means, to apprehend, take or arrest the fame perfon or perfons, for any treafon or felony done and committed, or hereafter to be done and committed, or in the lawful defence of his, her or their husband, wife, parent, child, mafter, miftrefs or fervant, or in fuppreffing any riot, or in keeping and preferving the peace, or in lawfully chaflifing or correcting his, her or their child or fervant; then, and in every fuch cafe, the party fo found by verdict to have killed the perfon or perfons for whofe death he, The or they is, are or fhall be indicted, or appealed, fhall not forfeit or lofe any thing for the death of the fame perfon or perfons fo killed, but fhall thereof, and for the fame, be fully acquitted and discharged. CHAP. XXIII. An ACT for preventing and furishing Rapes, and the forcible taking of I. IVomen. Pafled 14th February, 1787. Eit cradled by the people of the flate of New-York, reprefented in fenate Dand affembly, and is is hereby enacted by the authority of the jame, That If any perion fhall unlawfully and carnally know and abule any woman child, under the age of ten years, every fuch unlawful and carnal knowledge, fhall be deemed and adjudged to be a rape and felony; and every offender, being thereof duly convicted or attainted, shall fuffer death for the fame. II. And le it further enafied by the authority of refaid, That if any perfon fl, by force, ravish a married woman, or maid, or any other woman, it fhall be deemed and adjudged felony; and every offender, being thereof duly convicted or attainted, fhall fuffer death for the fame. And in all cafes of rape, the offenders may be profecuted and punifhed at the fuit of the people of this ftate, as well as by appeal at the fult of the party. III. And whereas women, as well maidens as widows and wives, having fubflance, fome in goods moveable, and fome in lands and tenements, and fome being heirs apparent unto their ancestors, for the lucre of fuch fubstance, be fometimes taken by mildoers, contrary to their will, and afterwards married to fuch mifdcers, or to others by their affent, or defiled; For prevention whereof, Be it further enacted by the authority aforefaid, That if any perion or perfons fhall take any woman fo againit her will unlawfully That is to fay, Mald, widow or wife, fuch taking, and the procuring and abetting to the fame, fhall be felony; and every orender, being thereof duly convicted or attainted, fhall fuffer death for the fame. And that fuch mifdoers, takers, procurators and abbettors to the fame, in form afore said, shall be reputed and judged as principal felons; but this clau'e of this act fhall not extend to any perion taking any woman, only claiming her as his ward, or bond-woman. CHA P. XXIV. An ACT to prevent Encroachments of the Court of Admiralty. Pafled 14th February, 1787. Bandagently, BE DE it enacted by the people of the flate of New-York, reprefented in fenale and affembly, and it is hereby enacted by the authority of the fame, That he court of admiralty of this ftate, fhall not meddle or hold plea of any thing done within this fate, but only of things done upon the fea, as it hath been formerly used: And further, That all manner of contracts, pleas and quarrels, and of all other things done, arifing within the body of any county of this ftate, as well by land as by water, and alfo of wreck of the fea, the court of admiralty fhall have no manner of cognizance, power nor jurifdiction; but all fuch manner of contracts, pleas and quarrels, and all other things arifing within the body of any county of this ftate, as well by land as by water as aforefaid, and alfo wreck of the fea, fhall be tried, determined, difcuffed and remedied by the laws of the land, and not before, nor in or by the court of admiralty. Nevertheless, Of the death of any perfon, and of maihem done in fhips or veffels being and hovering in the main ftream of great rivers, out of the body of any county, or nigh to the fea, and in none other places of the fame rivers, the court of admiralty fhall have cognizance, And moreover, That as touching a pain to be fet on the judge of the court of admiralty, this ftatute and the common law fhall be holden against him; and that any perfon who fhall be aggrieved, against the form of this flatute, fhall have his action by writ grounded upon the cafe, against him that doth fo pur-. fue in the court of admiralty, and recover his double damages against the purfuant; and the fame purftant fhall incur the pain of ten pounds, to the people of this ftate, for the purfuit fo made, if he be convicted. Provided always, That nothing in this act fhall extend to any libel, information or fut in the court of admiralty, for or concerning the forfeiture of any goods, wares or merchandize, feized or to be feized by virtue of an act, entitled, An act impofing duties on certain goods, wares and merchandize, imported into this ftate. CHA P. XXVI. An ACT for preventing of Vexations and Oppreffions by Arrefts. 1. BE it enacted by the people of the fade of New-York, represented in fenaie. and affembly, and it is hereby enacted by the authoriy of the fame, That all and every fheriff, under fheriff, coroner, gaoler and other officer, fhall let out of prifon all manner of perfons by them, or any of them arreled or to be arreited, or being in their cuftody, by force of any writ, bill, or warrant, in any perfonal action, or by reafon of any indictment for trefpafs, upon reafonable fureties, of futlicient perfons having fufficient within the counties where fuch perfons be fo let to bail or mainprife, to keep their days in fuch place as the faid writs, bills or wairants fhall require (except fuch perfon or perfons as be, or fhall be in their ward, by condemnation, execution, capias utlagatum, furety of the peace, and all fuch perfons as be, or fhall be committed to ward by fpecial commandment of any court or jufices) and that no fheriff, or any of the officers or minifters aforefaid, fhall take, or caufe to be taken, or make any obligation, for any caule aforefaid, or by colour of their office, of any perfon, or by any person who fhall be in their ward, by courfe of law, but only to themfelves, and by the name of their office, and upon condition written, that the faid prifoners fhall appear at the day contained in the faid writ, bill, or warrant, and in fuch places as the faid writs, bills or warrants fhall require; and if any of the faid fheriffs, officers or minifters aforesaid, take any obligation, in other form, by colour of their offices, it shall be void. And further, That if any fheriff or other officer, or minifter aforefaid, return upon any perfon, that he hath taken the body, or that fuch. perfon hath furrendered lumelf, fuch fheriff or other officer, or minifter aforefaid, fhall be chargeable to have the body of such perfon at the days of the. returns of the faid writs, bilis or warrants in fuch form as they were before, the making of this act. Le taken fran of action is not ex 1. IL Ad be it farther enacted by the authority aforesaid, What farurity is to That no perfon or perions who fhall happen to be arrested are, wanie tue caste by any fierift, under fher ff, coroner, minister or other of rtain teplot. ficer, or any other perfon or persons whom foever, having or pretending to have authority or warrant in that behalf,. by force or colour of any wri, bil or process ilued or to be iflaed out of the fupreme court (except writs of capias ulagatum, attachments upon refcous, attachments upon contempt, and attachinents of privilege, at the uit of any privileged perfon) in which faid writ, bill or proces, the certainty and true caufe of action is not expreffed particularly, and for which the defendant or defendants in fuch writ, bill or proces named, is and are, or fhall be bailable by fuch fheriff, under-fherif, coroner, minifer, and other officer as aforefaid, fhall be forced or compelled to give fecurity, or to enter into bond with furetis, for the appearance of fuch person or perfons fo arielled, at the day and place in the faid writ, bill or process fpecified or contained, in any penalty or fum, exceeding the fum of forty pounds, lawil money of this fate, to be conditioned for fuch appearance. And that all ferits, and other officers and miniiters aforefaid, shall let to bail, and deliver out of prison, and from their and every of their cuflodies refpectiveJy, all and every perfon and perfons whomfoever, by them or any of them arretted, upon any fuch writ, bill or procefs, wherein the certainty and true, canfe of action is not particularly expreffed (except as before excepted) upon security, in the fum of forty pounds, and no more, given for the appearence of fuch perion or perions to arrefted, unto the faid sheri, or other Oficer aforefaid, in manner and form aforefaid, or upon fuch perfon or petons fo arrefted, indorfing his, her or their appearance upon fuch writ, Lill or proces. And further, That where fuch appearance fhall be indorsed. upon any fuch writ, bill or procefs, the clerk of the faid fupreme court fhall, at the return of the fame writ, bill or process, enter the appearance of fuch perion or perions fo indored; and where fuch perfon or perfons fo arretted fhall give bond, in the fum of forty pounds, for his, her or their appearance as aforefaid, and fhall, either in perion, or by any attorney of the fame cout, caule his, her or their appearance unto the fame writ, bill or proces, to be entered with the clerk of the fame court, in the term wherein the fame writ, Lill or procefs fhall be returnable, fuch bond or bonds, fo given for appearance, fhall be, and hereby are declared to be thereby fatisfied and ci charged ;" and after fuch appearance fo entered, no amerciaments shall be Set or created upon or against any fherif, or other officer afore:aid, or any other perion or perfons, concerning the want of fuch appearance. And moreover, Unie's the plaintiff or plaintiffs in any fuch writ, bill or process named, fhall put into the fane court, his, her or their bill or declaration, againft the perfon or perfons fo arrefled, in fome perfonal action, or ejectment of Junds or tenements, before the end of the term next following after appearance, that then a non-fuit, for want of a declaration, may be entered againft the faid plaintiff or plaintiffs; and that every defendant in every fuch writ, bill or proce's named, fhall or may have judgment to recover cofls against fuch plaintiff or plaintiffs, to be affeffed, taxed and levied in like manner as |