cofis awarded to defendants, in cafes of verdicts or judgmen for them, are to be affeffed, taxed and levied. ing where fecal vail Courts of cominon Courts. III. Ad be it further e added by the auority afre aid, Manner of proceed. That where on any proces iffued, or to:illued out of is not required in the any mayor's court, or court of common pas, within this pleas, and mayors ftate, fpecial bail is not required, and the fendant or defendants fhall indorfe his, her or their appeance upon the fame process, the clerk of the fame court hall, at the re of the fame proceis, enter the appearance of such defendant or defendis fo indorfed, which fhall be a fufficient appearance of fuch defendant defendants, to enable the plaintiff or plaintiffs to proceed to judgment and ecution, in his, her or their fuit or action. carried to any tavern Lás confent. IV. And be it for her enacted by the "hority afere uid, Prifner not to be That if any fheriff, under fheriff, coronert other officer or. or ale-houfe, without minifter what oever, fhall, at any time times hereafter, have in his or their cuftody, any perfor perfons, by virtue of, or colour of any writ, proce's, or other wairanthateever, it faul not be lawful for fuch officer or officers to convey or cy, or caufe to be conveyed or carred, the faid perfon or perfons, to anivern, ale-hout, or other public victualling or drinking-house, without thee and voluntary content of the faid perfon or perfons, fo as to charge fueriioner with any fum of money, for any wine, beer, ale, cyder, punch, tuals, tobacco, or any other thing whatfoever, but what the faid perfon perfons fhall call for, of his, her or their own accord; and fuch office officers fhall not demand, take or receive, or caufe to be demanded, take received, direcly or indirectly, any other or greater fum or fums than v by law ought to be taken or demarded for fuch arreft, taking, or waitintil fuch perion or perfons fhall have procured an appearance, found bailfeed with his, her or their adverfaries, or te fent to the proper gaol bging to the county, city, town or place where fuch arreft or taking fhall, nor take or cxact any other reward or gratuity for fo keeping the faid on or perfons out of the gaol or prifon, than what he, fne or they fhallwill, of his, her or their own accord, voluntarily and freely give, nor talor receive any other or greater fum or funs for each night's lodging, cher expences, than what is reasonable and fiting in fuch cafes, or fha fo adjudged by the next juftice of the peace, or at the general feffiornd fhall not cause or procure the faid perion or perfons to pay for any owine, beer, ale, cvder, punch, victuals, tobacco, or other things, that the faid perfon or perfons fhall voluntarily, particularly, and freeill for. And further, Sherfs and gaolers That every fheriff, under herif,, keeper of prison or to permit pritoners to gaol, and every perfon and per homfoever, to whole fend for necettaries. cuftody any perfon or perfons the delivered or committed, by virtue of any writ or process, or on anyence whatfoever, fhall permit and fuffer the faid perfon or perfons, at her and their will and pleasure, to fend for and have any beer, ale, v, and other neceffary food, where and from whom they please; and to have and ue tu hi bedding, linen, and other things, as the faid per perfons fall think fit, without any purloining, detaining, or paying forme, or any part thereof, and shall not demand, take or receive of the perton or perions, any other or greater fee or fees whatfocver, for r or their commitment, release or discharge, than what is or fhall be all by law, nor any thing whatfoever for his, her or their chamber rent. moreover, That it fhall not to be kept tager A che de Debtors and fer not be lawful for any fheriff, gaoler, or keeper of any gaol or prifon, to put, keep or lodge prifoners for debt, and felons, together in one room or chamber, but that they fhall be put, kept al lodged feparate and apart one from another, in diftinct rooms. V. And be further enabled by the authority aforefaid, That all and every fheriff, undermiff, coroner, gaoler, and other officer or minister aforefaid, who fhall ofid against any thing in this act herein before contained, or the true intent armeaning thereof, or any part thereof, fhall forfeit and lofe his office, place cinployment, and fhall forfeit treble damages to the party ieved, to be covered by action of debt, bill, plaint or information, in any Court of recorwith cofts of fuit. making warrants VI. And be it further enabled by the authority aforefaid, Penalty on perforThat if any fheriff, under fheriff, coroner, or other perfon without having writtaving authority, or taking upon him to open writs, fhall make any wart for the fummons of any perfon, as upon any writ, procefs or fuit, or the arreft or attaching of any perfon or perfons, by his, her or their body coods, to appear in any court of record (not having before that time the cnal writ or process warranting the fame) that then, upon complaint there made to the juflice or juftices who fhall hold the circuit court in the ccy where the offence fhall be committed, or to the judges or juftices of theurt out of which the procefs ifiued, not only the party who made fucharrant, but all thofe who were the procurers thereof, fhall be fent for befohe fame judges or juftices, by attachment or otherwife, as the fame judgesiuftices fhall think fit, and be examined thereof upon oath; and if the fame ence be confefled by the fame offenders, or proved by fufficient witnefo the fatisfaction of the fame judges or justices, that then the fame judges ftices who fhall fo examine the fame, shall forthwith, by force of this act, mit every of the fame offenders to the gaol of the county or court where fame fhall be examined, there to remain without bail or mainprife, unich time as they, amongst them, have fully fatisfied and paid unto the partieved by fuch warrant, not only the fum of ten pounds, lawful money of; ftate, but also all fuch cofts and damages as the fame judges or juflices fet down that the fame party hath fuitained thereby, and likewife, twelpounds each, for their offence against the people of this fate. Penalty for caving at the fult of others pe. fons to be arrefled toknown, or without their confent. And be it further enacted by the authority aforefaid, Tif any perfon or perfons fhall, by any ways or means, Mouly, or for vexation and trouble, caufe or procure anher perfon or perfons to be arrested, or attached, to an in any court of record, or in any other court or place, at the fuit, the name of any perfon or perfons, where indeed there is no fuch peror perfons known, or without the affent, confent or agreement of fuch n or perfons at whofe fuit, or in whole name fuch arreft or attachment shall be fo had and procured; that then, and in fuch cafe, every fuc-fon and perfons who fhall fo caufe or procure any fuch arrest or attach of any other perfon or perfons, to be had or-made, for vexation or trout aforesaid, fhall, for every fuch offence, forfeit and pay to the party or Fs fo arrefled or attached, by his, her or their means or procurement, trebe cofts, charges, damages and expences, that he, fhe or they fo arreftesttached, fhall be put unto, by reafon or occafion of fach arreft or atacat fo had; to be recovered by action of debt, bill, plaint or information, in any court of record, with cofis of fit; and finall fo forfeit and pay unto fuch perfon or perfons, in whole ame, and at whofe fuit fuch arreft or attachment fhall be had or made, if thn there fhall be any fuch perfon known, the fum of twenty pounds to every fuch offence, to be recovered as aforefaid; and fall alio, upon coniction thereof, have and fufter imprisonment by the space of fix calendar months, without bail or mainprife. 1.B CHA P. XXVII. An ACT for the more caly Pleading in certain Suis. C. Paffed 16th Februry, 1797. per E it enacted by the people of the fate of New-York, reprefened in fenate and affembly, and it is hereby enacted by the authorny of the fame, That if any action, bill, plaint, or fuit upon the cafe, trefpafs, batery or falie imprisonment, is brought, or hereafter fhall be brought, againt any feritt, coroner, justice of the peace, mayor, recorder or alderman, bailif, conflable, marshal, collector, or overleer of the poor, and their deputies, or any of them, or any other perfon, who in their aid or affillance, or by commandment, have done, or fhall do any thing touching or conceming his or their office or offices, for or concerning any matter, caule or thing, by them, or any of them, done, by virtue or reafon of their or any of their office or offices, that the faid action bill, plaint or fuit, fhall be laid within the county where the trespass or fact hath been, or shall be done and committed, and not effewhere; and that it fhall be lawful to and for all and every person and fons aforelaid, to plead thereunto the general flue, that be or they are not guilty, and to give fuch fpecial matter in evidence to the jury which fail try the fame, which fpecial matter being pleaded, had been a good and fufficiert matter in law, to have difcharged the faid defendant or defendants of the trespass, or other matter laid to his or their charge; and that if upon the trial of any fuch action, bill, plaint or fuit, the plaintiff or plaintiffs therein, fhall not prove to the jury which hall try the fame, that the trelpais, battery, imprisonment, or other fact or caule of his, her or their luch action, bill, plaint or fuit, was or were had, made, committed or done, within the county wherein fuch action, bill, plaint or fuit is, or fhall be laid, that then, and in every fuch cafe, the jury which fhall try the fame, f all find the defendant and defendants in every fuch action, bill, plaint or fuit, not guilty, without having any regard or relpect to any evidence given by the plaintiff or plaintiffs therein, touching the trefpafs, battery, imprisonment, or other caufe, for which the fame action, bill, plaint or fuit is or fhall be brought: And if the verdict fhall pass with the defendant or defendants in any fuch action, bill, plaint or fuit, or the plaintiff or plaintiffs therein become non-fuit, or fuffer any difcontinuance thereof, that in every fuch cate he juftices or juffice, or other judges or judge, before whem the faid matter fi a'l be tried, fhall, by force and virtue of this act, allow unto the defendant or defendants, his or their double cofts, which he or they frall have fuftained by reafon of his or their wrongful vexation, in defence of the faid action, hill, plaint or fuit; for which the faid defendant or defendants fhall have like remedy as in other cafes, where cofs by the laws of this ftate are given to defendants. for doing any ing rute, the deferans thing was do.. by tute; II. And be it further enacted by the authority aforefad, In actions braght That if any action of trespafs, or other action or fuit shall by auth Fity of it be brought against any perfon or perfons, for taking of any bay plead not gity, diftrefs, making any fale, or any thing done by authority for a ledge the the of any ftatute of this ftate, made or hereafter to be made, authority of fac ita- the defendant or defendants, in any fuch action or fuit, fha I and may, either plead not guilty, or otherwife make avowry, cognizance or juftification, for the taking of the laid diftres or diftreffes, making of fle, or other thing done, or to be done by virtue of fuch flatute, alledging in uch avowry, cognizance or justification, that the faid diftrefs, fale, treipas or cher thing, whereof the plaintiff or plaintitis complain, was don: by authorit of fuch itatute, and according to the tenor, purport and e ett thereof, wihout any exprefling or rehear al of any other matter or circumflance contined in fuch flatute; to which avowry, cognizance or jullification, the plaintiff or plaintiffs fhail be admitted to reply, that the defendan: or defendants did take the faid diitrefs, make the faid fale, or did any other act or trefp.fs, fuppofed in his or their declaration, of his or their own wrong, winout any fuch caule alledged by the faid defendant; whereupon the flue in every such action fhall be joined to be tried by a jury, and not otherwite, as is acculomed in other perional actions; and whole matter may be upon the trial of that iffue, the whole matter fhall or may be given in evi ence by both parties, according to the very And defendant to truth of the fame; and after fuch iifue tried for the defendant or defendants, or non-fuit of the plaintiff or plaintiffs after appearance, the fame detentant or defendants fhall recover treble damages, by reason of his or their wrongful vexation in that behalf, with his or their cofts alio in that behalf uitained; which demages fhall be affefied by the fame jury which fhall try the iffue, or upon a writ to inquire of the damages, as the cafe may require. And upon tal, the given in evilance, recover tecolama ges and colts. act ons for debts - by artiinder, outlaw III. Ad be it jurther enabled by the authority aforesaid, How to declare in That in all actions and fuits, to be taken or pursued in any cruing to the fate, court in this flate, for the recovery of any debt or debis, ry, foriuitur corgift. Which now be, or that hereafter fhill happen to appertain, accrue, remain or be to the people of the state of NewYork, by reafon of any attainder, outlawry, forfeiture, gift of the party, or by any other collateral way or means, it hall and may be fufficient in the law, to frew and alledge, in the faid fuit, generally, that the party to whom the faid debt or debts was or were owing, or did belong, fuch a day and year, did give the fame debt or debts to the people of the fate of New-York, or was attainted, outlawed, or did commit, or do fome offence, forfeiture, deed, act or thing, by reafon whereof the faid debt or debts did accrue, and ought to remain, come and be to the people of the ftate of New-York; and that the fame matter, fo to be fhewed, alledged or declared, generally, without fhewing or declaring the circumflances thereof, fhall be of as good force and effect in the law, to all intents, conflructions and purposes, as if the whole matter thereof had been, or were alledged and declared at large, in every point, according to the due order of the common law. CHA P. XXVIII. An ACT concerning Wrecks of the Sea, and Living Remed to Merchants 1. Goods stolen at fea, II. And further, That if any merchant, citizen or firanto be restored to the ger, or any other, be robbed of his goods upon the fea, and the goods come into any part of this flate, and he will fue to recover the faid goods, he fhall be received to prove the faid goods to be his own, by his marks, or by his cocket, or by good and lawful inerchants, citizens or flrangers, or others; and upon fuch proof, the fame goods fhall be delivered to him without delay. III. And be it further enced by the authority aforefaid, That it fhall and may be lawful for the perfon adminiftring the governinent of this flate for the time being, by and with the advice and confent of the council of appointment, from time to time, by commiflion under the great feal of this ftate, to appoint fuch and fo many proper perions in each of the counties of this ftate, bordering on the fea, as they may think neceffary, to aid and affift all fuch fhips and veffels as may happen to be stranded on the coafts in the fame counties; and fuch perfons fo appointed, fhall be and hereby are respectively authorised and required to give ali poffible aid and affiftance to all fuch fhips, and veffels, and to the people on board of the fame, and to use their utmost endeavours to fave the fame, and to fave, preferve and secure, for the purpoles aforefaid, the cargoes of all fuch fhips and vefiels, and all goods and chattels whatsoever, which may at any time be caft by the fea upon the land; and to employ fuch and fo many men for the purpole, as they may refpectively think proper. And the fheriff, coroner, or other perfon fo appointed as aforefaid, and all perfons by them employed, fhall have a reafonable allowance out of the fame goods fo faved and preferved, for faving, preferving and keeping the fame. And fuch fheriff, coroner, or other perfon fo appointed as aforefaid, fhall and may detain the fame goods undl payment thereof; and in cafe any difpute fhall arife concerning fuch allowance, the fame fhall be fettled and adjutted by any two or more juftices of the peace Y y ナ |