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thing done within this state, 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, arising within the body of any county of this state, as well by land as by water, and also of wreck of the tea, the court of admiralty shall have no manner of cognizance, power nor jurifdiction ; but all such manner of contracts, pleas and quarrels, and all other things arising within the body of any county of this state, as weli by land as by water as a foresaid, and also wreck of the sea, shall be tried, determined, difculled 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 person, and of inaihem done in fhips or vessels being and hovering in the main stream of great rivers, out of the body of any county, or nigh to the sea, and in none other places of the fame rivers, the court of admiralty thall have cognizance, And moreover, That as touching a pain to be fet on the judge of the court of admiralty, this statute and the common law shall be holden against him ; and that any person who shall be aggrieved, againit the form of this Natute, shall have his action by writ grounded upon the case, against him that doth to pursue in the court of admiralty, and recover his double damages againit the pursuant; and the fame pursirant fall incur the pain of ten pounds, to the people of this state, for the pursuit fo made, if he be convicted. Provided always, That nothing in this act shall extend to any libel, information or fuit in the court of admiralty, for or concerning the forfeiture of any goods, wares or merchandize, seized or to be seized by virtue of an act, entitled, An act imposing duties on certain goods, wares and merchandize, imported into this state.

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с на Р. XXVI.
An ACT for preveriting of Vexations and Opprefsions by srrefis.

Pated 16th February, 1787. 1. E it enabied hy ihe people of the file of New-York, represented in fenaie:

and alembly, and ii is hereby enaĉed by the authori y of the junr', That all and every Theriff

, under sheriff, coroner, gaoler and other officer, hall let out of prison all inanner of persons by them, or any of them arrella ed or to be arreited, or being in their custody, by force of any writ, bill, or warrant, in any personal action, or by reason of any indictment for trespais, upon reasonable fureties, of fulficient perfons having fufficient within the counties where such perfons be so let to bail or mainprise, to keep their days in such place as the said writs, bills or warrants shall require (except such perfon or persons as be, or Mall be in their ward, by condemnation, execution, capias utlagatum, surety of the peace, and all such persons as be, or ifall be committed to ward by special commandment of any court or jufices) anů that no sheriff, or any of the officers or miniilers aforesaid, shall take', or cauí to be taken, or make any obligition, for any cause afore aid, or by colour on their office, of any perión, or by any perfon who shall be in their ward, by course of law, but only to theinelves, and by the name of their office, ant upon condition written, that the said prisoners small appear at the day contained in the said writ, bill, or warrant, and in fuch places as the said wiis, bills or warrants Mall require; and if any of the said sheriffs, officers or minifters aforesaid, take any obligation, in other form, by colour of their oilicus, it shall be void. And further, That if any fieriff or other officer, or minifler aforelaid, return upon any person, that he hath taken the body, or that sucha.

person liath surrendered limclf, such meriff or other oficer, or minifier afuresaid, Ihall be chargeable to have the body of iuch person at the days of the, Iuturns of the faid writs, bilis or warranis in such form as they were before. we making of this act.

IL A dhe i fuller called by the authority aforefuid, What freuniey is to That no perfon or persons who hall happen to be arrested, aur, utretiecast by any Cierilt, under fieriff, coroner, minitter or o her o:Bu il tre pot fcer, or any other perfon or persons whomsoever, hav ng

or frítending to live authority or warrant in that behall, ly force or colour of any writ, bill or process ified or to be intued out of the fupreme court (except wriis of capias ulagatum, attachments upon re cous, attachmen's upon contempt, and attachinents of privilege, at the Suite of any privileged perion) in which iaid writ, bill or proces, the certainty and true cause of action is not expressed particularly, and for which the detundant or cefndants in such writ, bill or proces named, is and are, or shall loe barable by fuch sheriff, under-serii, coroner, minilier, and other Otilcer as aforenid, hall be fireed or compelled to give Pecurity, or to enter into Fond with furetes, for the appearance of such person or perlons fo

hledled, at the day and place in the faid writ, bill or process specified or contained, in any penalty or fum, exceeding the fun of forty pounds, law1.1 money of thuis inte, io be conditioned for such appearance. And that :Il perills, and other ollicers and miniiters aforefaid, shall let to bail, and cliver out of prion, and from their and every of their cuftodies respectively, a!! and every person and perfons whomsoever, by thiein or any of them arretted, upon any such writ, bill or process, wherein the certainty and true, cause of acion is not particularly exprefled (except as before excepted) upon siculity, in the sum of forty pounds, and no more, given for the appearEnce of such person or perions to arrutted, unto the taid Meri {, or other oficcr aforcaid, in manner and form a foreixid, or upon such person or jetons to arresled, indorting his, her or their appearance upon luch writ, Lillor proces. And further, That where such appearance mall be indorsed, upon any such writ, bill er process, the clerk of the faid fupreme court shall, at the return of the fame writ, bill or process, enter the appearance of such person or serions fo iudored; and where such person or persons so arretted ibal give lond, in the sum of forty pounds, for bis, her or their appearance as aforesaid, and thall, either in perion, or by any attorney of the fame court, caule liis, ler or tlicir appearance unto the same writ, bill or proces, to be entered with the clerk of the fame court, in the term wherein the same writ, lill or procefs Niall be je urnable, fuch bond or bonds, so given for sppearance, fhall le, and hereby are declared to be thereby satisfied and richarged ; and after such appearance fo entered, no amerciaments Shall be set or created uson or against any fierit, or other officer aforesaid, or any other perion or persons, concern ng the want of iuch appearance. And moreover, L'ne's the plaintiff or plaintifis in any such writ, bill or proces named, Thall put into the fame court, bis, ler or their bill or declaration, against wie perion or persons so arresled, in fome personal action, or ejećtment of Iuds or te nemen's, before the end of the term next following after appearance, that then a non-fuit, for want of a declaration, may be entered against the said plain:iff or plaintiffs; and that every defendant in every such writ, Willor procets named, Mall or may have judgment to recover cofts againlt Such plaintifior plaintifis, to be affefied, iaxed and levied in like manner as

urts of commun

courts,

his count.

colis awarded to defendants, in cases of verdicts or judgmen for tliein, are to be atiefled, taxed and levied.

III. 8. dbe i forriher e ueled by the autri!!' afore 'wind, Narnet of proceed. That where on any proceis iflued, or to: illud out of is tot required in time any mayor's court, or court of common ras, within this Heas, and muyors

late, fpecial bail is not required, and the fundant or de

fendants Mail indorse his, her or their appeance upon the Lame process, the clerk of the same court hall, at the rein of the fame proceis, enter the appearance of sucii defendant or defendis fo indorsed, which shall be a fufficient appearance of suci defendant defendants, ia enable the plaintiff or plaintiffs to proceed to judgment and ecution, in his, her or their suic or action.

IV. And be it for her eraad by the hori'y ofere wid, Prifer not to be That if any Merii, under Mcriff, coronerf other officer or. ** ale-irudi, without minister what'oever, shall, at any time times hereafior,

have in his or their custody, any perlu perlons, by virtue of, or colour of any writ, proce's, or other wai rantiatleever, it fou! not be lawful for fuch'oficer or officers to convey or cy, or cauë' to be conveyed or carried, the laid person or pertons, to anavern, ale-hout, or other public victualling or drinking-houle, without the and voluntary consent of the said person or persons, so as to charge sueriioner with any ium of money, for any wine, beer, ale, cyder, punchi, luals, tobacco, or any other thing whatsoever, but what the faid person persons all call Lor, of his, her or their own accord ; and such officer officers fall not demand, take or receive, or cause to be demanded, take received, directly or indirectly, any other or greater sun or lums than y by law ought io be taken or demarded for such arreft, taking, or waitintil such perion or persons shall have procured an appearance, found bailfeed with his, her or their adversaries, or te sent to the proper gaol being to the county, city, town or place where such arrest or taking hall: nor take or cxiet any other reward or gratuity for fo keeping the said on or persons out of the gaol or prison, than what he, sne or they shall will, of his, her or their own accord, voluntarily

and freely give, nor talor receive any other or greater sum or jums for each night's lodging, cher expences, than what is reasonable and fiting in such cases, or mi to adjudged by the next justice of the peace, or at the general felliornd shall not cause of procure the said person or perions to pay for any gwine, beer, ale, cia der, punch, victuals

, tobacco, or other things, that the said serion or perfons fhall voluntarily, particularly, and frueill for. And further, Slver'ffs and geolers

That every neriff, under sheriff, |, keeper of prison or to permit prito:ers to gaol, and every person and perichomfoever, to whoe

cuftody any person or persons (la delivered or commit ted, by virtue of any writ or process, or on anynce whatsoever, fail permit and suffer the said person or persons, at her and their will and pleasure, to send for and have any beer, alc, vị, and other necesary food, where and from whom they please; and to have and uc tuch bedding, linen, and other things, as the said seir perfonis f all think fi, without any purloining, detaining, or paying forme, or any part uereof, and all ot demand, take or receive of tl perfon or pertons, any other or greater fee or fees whatsoever, for kr or their commimooi, release or discharge, than what is or Mall be ali by law, nor any thing whatsoever for his, her or their chamber rent. Moreover, That it hali

Send for necellaries.

is. Cowati.

Toom.

NEW-YORK, Tenth Sellion. Drites and sent not be lawful for any sheriff, gaoler, or keeper of any gao! Titi tol heptungur

or prifon, to put, keep or lodge prisoners for debt, and fe

lons, jogether in one room or chamber, but tliat they fall be put, kort al lodged leparate and apart one from another, in diftinct

V. dhe further enced by the authority ofurefaid, That all and every fberiti, umiereriit, coroner, gaoler, and other officer or minister aforesaid, who iall otid against any thing in this act herein before contained, or the true intent arinaning thereof, or any part thereof, mall forfeit and lose his osel, place cinployment, and fnail forfcit treble damages to the party grieved to be covered by action of debt, bill, plaint or information, in any Cuurt of ricord;i'n costs of fuit.

VI. ind be it fortior called by the authority forclaiu, Penalty o pxet fitThat if any sheridt, under sheriff, coroner, or other person wiciunil indvis urigaving authority, or taking upon him to open writs, shall male any wart for the fiimmons of any person, as upon any writ, proCuís oriuit, or fhe arrut or attaching of any person or persons, by his, ler or their Budy coods, to appear in any court of record (not having before that time the enal writ or process warranting the fame) that then, upon complaint there in de io the justice or justices who shall hold the circuit court in the ccy where tlie offence shall be committed, or to the judges or justices of thiurt out of which the process issued, not only the party who made fuchrrant, but all those who were the procurers thereof, shall be jent for befohe lame judges or justices, by attachment or otherwise, as the fame judgesiuftices shall think fit, and be examined thereof upon oath; and if the fame ince be confesled by the fame offenders, or proved by fufficient witneso the satisfaction of the fame judges or justices, that then the fame judges dices who shall so examine the fame, llall forth with, by force of this act, imit every of the fame offenders to the gaol of the county or court whele fame shall be examined, there to reinain without bail or mainprise, unich time as they, amongst them, have fully satisfied and paid unto the partieved by such warrant, not only the fum of ten pounds, lawful money of; ftate, but also all such costs and damages as the fame judges or juslices djet down that the fame party haih sustained thereby, and likewile, twelpounds each, for their offence against the people of tuis fate.

. And be it further enaced by the authority aforesaid, Penuity for carlina 'Iif any person or persons shall

, by any ways or means, at the finit of itlers musý, or for vexation and trouble, causé or procure

anher person or persons to be arrested, or attached, to

an in any court of record, or in any other court or place, at the fuit, Cthe naine of any person or perfons, where indeed there is no such peror persons known, or without the afrent, consent or agreement of sucizn or persons at whose fuit, or in whole name such arreft or attachment ihall be so had and procured; that then, and in such case, every suc-fon and persons wlio Thall fo caule or procure any such arrest or attachi of any other person or persons, to be had or-made, for vexation or trolit a foresaid, shall

, for every such offence, forfuit and Fay to the party or Es fo arrelled or attached, by his, her or their means or procurement, trete costs, charges, damages and expences, that he, The or they fo arrefleyttached, fhall be put unto, by realon or occasion of such arrement tacit so had ; to be recovered by action of debt, bill,

Panam, or without their content.

plaint or information, in any court of record, with cosis of fit; and snail alfo forfeit and pay unto such person or persons, in whole ame, and at whofe suit such arrest or attachment shall be had or made, it' thn there shall be any fuch person known, the sum of twenty pounds to every luch offence, to be recovered as aforesaid ; and Niall alio, upon conićtion thereof, have and suffer imprisonment by the space of fix calendar nonths, widiout bail or mainprise.

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CH A P. XXVII.
sin ACT for the more c.dly Pliuding in certain Suis.

Pated 16th Tebrury, 1797.
E it enaêled by the people of the sale of Nuu-York, rc refined in femuto

and affemély, and it is hereby ero/cd by the author y of tire futhie's That if any action, bill, plaint, or fuit upon the case, trespass, batery or falle imprisonment, is brought, or hereafter shall be brought againt any eritt; coroner, juice of the peace, mayor, recorder or alderman, bailif, confiable, marshal, collector, or overteer of the poor, and their depute, or any of them, or any other person, who in their aid or afiltance, or bycommandment, have done, or shall do any thing touching or conceming his or their office or offices, for or concerning any matter, came or thing, by them, or any of them, done, by virtue or reafon of their or any of their ofre cr offices, that the said action bill, plaint or suit, shall be laid within the county where the trespass or fact hath been, or shall be done and comunited, and not cit's where; and that it shall be lawful to and for all and every perion and persons aforesaid, to plead thereunto the general illce, that he or they are not guilty, and to give such fpecial matter in evidence to the jury which ai ir the fame, which special inatter being pleadel, had been a good and fuiticieni matter in law, to have discharged the faid defendant or defendants ofili. trespass, or other inarter laid to his or their charge; and that if upon the trial of any such action, bill, plaint or fuit, the plaintift or plaintiff's there'n, Thall not prove to the jury which shall try the fame, that the treinats, battery, imprisonment, or other fact or caule of his, her or their luch action, bill, plaint or suit, was or were had, made, committed or dore', within the county wherein such action, bill, plaint or fuit is, or shall be laie, that then, and in every such calė, the jury which shall trv she laine, ið all find the defendant and defendants in every such action, bil, șla'nt or fuit, net guilty, without having any regard or resect to any evidence given by the plaintiff or plaintiffs therein, touching the trespass, battery, impionirent, or other cause, for which the same action, bill, plaint or fuit is or mall te brought: And if the verdict thall pass with the defendant or detendants in any such action, bill, plaint or fuit, or the plaintiff or plainui als hercin become non-suit, or suffer any discontinuance thereof, that in every fuch caté:f juflices or justice, or other judges or judge, before whom the faid manter a'i be trid, shall, by force and virive of this act, allow into the defendant ir defendants, his or their double costs, which he or they srall have fulti.ined by reason of his or their wrongful vexation, in defence of the said action, bi'i, plaint or suit; for which the faid defendant or detendants shall have like remedy as in other cases, where costs by the laws of this finte are given to defendants.

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