fuch goods.

dwelling in or near the town or place where the faid goods fhall be found Penalty for fecreting or faved. And if any perfon fhall take away any goods whatfoever, out of any fhip or vefiel ftranded as aforefaid, or any goods caft by the fea upon the land, or found in any bay or creek, and not deliver the fame goods to the fheriff or coroner of the county where the fame fhall be found, or to one of the perfons appointed as aforefaid, within forty-eight hours after taking the fame, or fhall fecret any fuch goods, or convert them to his own ufe, every perfon fo offending, fhall yield double damages to the owner of fuch goods, to be recovered, with cofts of fuit, in any court having cognizance thereof, and be further punished by fine or imprifonment, or other corporal punishment, at the difcretion of the court, not extending to life or limb. And it is hereby made the duty of every sheriff, coroner, juftice of the peace and conftable, and the perfons fo appointed as aforefaid, to prefent all offences and offenders against this act, at the feffions of the peace in their respective counties; and the juftices of the peace in their feffions, are hereby authorised and required to hear and determine the fame.

J.

CHAP. XXIX.

An ACT declaring what Offences fhall be adjudged Treafon, and regulating Trials in Cafes of Treafon and Misprifion of Treason.

Paffed 16th February, 1787.

B Et enacted by the people of the ftate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That if any perfon do levy war against the people of this ftate, within this flate, or be adherent to the enemies of the people of this ftate, or of the United States of America, within this ftate, giving to them aid and comfort in this ftate, or elsewhere, and be thereof, by good proof, attainted of open deed, fuch offences, and none other, fhall be adjudged treafon against the people of the state of New-York.

II. And be it further enacted by the authority aforefaid, That concealment, or keeping fecret any treafon, fhall be from henceforth adjudged, deemed and taken to be misprifion of treason, and the offender therein, fhall forfeit and fuffer as in cafes of mifprifion of treafon.

Trials for treafon or mitprition of treafon, to be according to the

common law.

Perfons indicted to

dictment, with a lift

III. And be it further enacted by the authority aforefaid, That all trials to be had, awarded or made, for any treason or misprifion of treafon, fhall be had and used only according to the due order and course of the common law, and this act, and not otherwise.

IV. And be it further enacted by the authority aforesaid, have a copy of the in. That all and every perfon and perfons whomfoever, that of the witneTes, five fhall be accufed and indicted for treafon or mifprifion of days before trial. treafon, fhall have a true copy of the whole indictment, with a lift of the witneffes to be produced on the trial for proving the faid indictment, mentioning their names, profeffion and place of abode, delivered unto him or them fo indicted, five days at the leaft before he, fhe or they shall be tried for the fame, whereby to enable him, her or them, to advise with counsel thereupon, to plead and make their defence (his, her or their attorney or attornies, or agent or agents, requiring the fame) and that every perfon accufed and indicted, arraigned or tried for any treafon or misprifion of

treafon, fhall be received and admitted to make his, her or And may make their defence by counfel, their full defence by counsel, and to make any proof that and proof by witneffes. he, fhe or they can produce by lawful witness or witnefles, who shall then be upon oath, for his, her and their just defence in that behalf. And in cafe any perfon or perfons fo accused or indicted, fhall defire counfel, the court before whom fuch perfon or perfons fhall be tried, or fome judge of that court, fhall, and is hereby authorised and required, immediately upon his, her or their request, to affign to fuch perfon or perfons, fuch and fo many counsel, not exceeding two, as the fame perfon or perfons fhall defire, to whom fuch counsel shall have free accefs at all reasonable hours. And that all and every person and perfons who fhall be accused, Prifoner to have copies of the panel four indicted and tried for any treafon or misprifion of treaton, days before the trial, fhall have copies of the panel, containing the names, places of abode, and additions of the jurors who are to try him, her or them, duly returned by the sheriff, and delivered unto him, her or them, and every of them fo accused and indicted respectively, four days at least before he, fhe or they shall be tried for the fame. And that all perfons fo accused and indictAnd procefs to com- ed for any treafon or misprifion of treafon, fhall have the pel his witnelles to like procefs of the court where they fhall be tried, to compel their witneffes to appear for them, at fuch trial or trials, as is ufually granted to compel witne fles to appear against them.

appear,

V. And be it further enacted by the authority aforefaid, That no perfon or perfons whom foever, fhall be indicted, tried or attainted of treafon, or of mifprifion of fuch treafon, but by and upon the oath and teflimony of two lawful witneffes, either both of them to the fame overt-act, or one of them to one, and the other of them to another overt-act of the fame treafon; unlefs the party indicted and arraigned or tried, fhall willingly, without violence, in open court, confefs the fame, or in cafe of treafon, fhall peremptorily challenge above the number of thirty-five of the jury. And if two or more diftinct treasons of divers heads or kinds, fhall be alledged in one bill of indictment, one witness produced to prove one of the faid treafons, and another witness to prove another of the faid treafons, fhall not be deemed or taken to be two witnesses to the fame treafon, within the meaning of this act And further, That no evidence fhall be admitted or given of any overt-act, tha is not exprefsly laid in the indictment, against any perfon or perfons whomfoever.

out of the flate, or

court.

VI. And be it further enailed by the authority aforesaid Treafon committed That all offences by this act declared to be treafon, which upon the fea, may be fhall be committed, perpetrated or done upon the land, out tried in the fupreme of this ftate, or upon the fea, fhall and may be inquired of, heard and determined in the fupreme court of this flate, by good and lawful men of the fame county where the faid court fhall fit, in like manner and form, to allintents and purposes, as if the faid treafons had been committed, perpetrated and done within the fame county.

the hate.

VII, And be it further enacted by the authority aforefato, Outlawries effectual That any perfon or perfons, being indicted for any treaton against perfons out of or mifprifion of treafon, may be outlawed, and thereby ac tainted of or for any of the faid offences: And that all procefs of outlawry to be had and made within this flate, agilit any fuch offenders, being refident, or inhabiting out of the limits of this flate, or in parts.beyond fea, at the time of the outlawry pronounced against them, fhall be as good and effectual in the law, to all intents and purpofes, as if fich offen,

ders had been refident and dwelling within this ftate, at the time of fuch procefs awarded, and outlawry pronounced: But if the party But party outlawed fo outlawed, being out of this state as aforefaid, fhall, withbeing out of the ftate, may furrender and in one year next after the faid outlawry pronounced, or traverfe the indict. judgment given upon the faid outlawry, yield or furrender inent within a year. himself, to either of the juftices of the faid fupreme court, for the time being, and offer to traverfe the indictment, whereupon the faid outlawry fhall be pronounced as aforefaid, that then he fhall be received to the faid traverfe; and if he shall be thereupon found not guilty by the verdict of a jury, he fhall clearly be acquitted and difcharged of the faid outlawry, and. of the penalties and forfeitures by reafon of the fame; and upon the trial of fuch traverie, the defendant fhall, in all refpects, have the benefit of this act.

VIII. Ad be it further enacted by the authority aforefaid, That no perfon or perfons whomfoever, fhall be indicted, tried or profecuted for any treafon or mi prifion of treason, that hath been, or fhall be committed or done, unlefs the fame indictment be found by a grand jury, within three years next after the treafon or offence done or committed.

ceft to be quashed

mit-felüng, un s

given.

IX. And be it further enacted by the authority aforefnd, Indictments or re- That no indictment for any of the o fences aforefaid, nor for nif-writing or any procefs or return thereupon, shall be quafhed, on the exception be taken motion of the prifoner, or his or her counsel, for mif-writbefore any evidence ing or mis-spelling, unless exception concerning the fame be taken and made in the court where fuch trial fhall be, by the prifoner, or his or her counfel, before any evidence given in open court upon fuch indictment; nor fhall any fuch mis-writing or mi fpelling, after conviction on fuch indictment, be any caufe to stay or arreft judgment thereupon; but nevertheless, any judgment given upon fuch indictment, shall and may be liable to be reverfed upon a writ of error, in the fame manner, and in no other, than as if this act had not been made.

X. And be it further en died by the authority orefid, That every offender or offenders, being hereafter lawfully convicted of any manner of treafon, by presentment, confellion, verdict, or process of outlawry, according to the due course and cuftom of the laws of this ftate, fhall lofe and forfeit to the people of this ftate, all fuch lands, tenements and hereditaments, which any fuch offender or offenders fhall have, of any eflate of inheritance in his own right, in ufe or poffeflion, by any right, title or means, within this flate, at the time of any fuch treafon committed, or at any time after; and alfo all his, her and their goods and chattels, faving to every perfon and perfons, their heirs and fucceffors, other than the offenders and their heirs, and fuch perfon and perfons as claim to any their ufes, all fuch rights, titles, interefls, poffeffions, leafes, rents, reverfions, offices, and other profits, which they or any of them fhall have at the day of committing fuch treafons, or at any time before, in as large and ample manner as if this act had never been made.

BE

CHA P. XXX.

An ACT concerning Appeals of Felony.

Pafled 16th February, 1787.

E it enaled by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That all appeals of things done within this flate, fhall be tried and determined

according to the laws of this ftate; and that no appeals fhall be made, or in any wife pursued before either house of the legislature.

No perfon to be ta

ken on the appeal of a

II. And be it further enacted by the authority aforesaid, woman, for the death That no perfon fhall be taken or imprifoned upon the appeal of a woman, for the death of any other than of her husband.

of any other than her busband.

III. And be it further enacted by the authority aforefaid, That if any married woman or maid, or any other woman, fhall be ravifhed, and doth not confent to the ravisher, neither before nor after the rape committed, fuch woman fo ravifhed, may fue and profecute against such ofienders by appeal, and pursue the fame to judgment and execution. But if fuch woman, after the rape committed, confent to the ravisher, fhe fhall be thereby barred of her appeal. And further, That wherefoever and whenfoever any woman fhall be ravished, and after fuch rape do confent to fuch ravifher, the hu band of fuch woman, if the have a husband, or if he have no bufband in life, then her father, or other next of her blood, fhail from henceforth have the fuit, to purfue, and may fue by appeal, against the fame of enders and ravifhers, in this behalf, to have them thereof convicted, and purfue the fame to judgment and execution, although the faine woman, after fuch rape, do confent to the ravisher.

IV. And be it further enacted by the authority aforesaid, Appeals of murder That in all appeals of murder, if the appellant declare the when fudicient. deed, the year, the day, the hour, and the town or place

where the deed was done, and with what weapon the perfon killed was flain, the appeal shall stand good in effect; and no fuch appeal shall be abated for default of fresh fuit, if the party fhall fue within the year and the day after the deed done.

arraigned within the

V. And be it further enabled by the authority af refund, Murderers may be That if any perfon be flain or murdered, and therefore the year and day, &c. flayers, murderers, abettors, maintainers and comforters of the fame, be indicted, that the fame flayers and murderers, and all other acceffaries of the fame, fhall be arraigned and determined of the tame felony and murder, at any time, at the fuit of the people of this flate, within the year after the fame felony and murder done, and not tarry the year and day for any appeal to be taken for the fame felony or murder. And if any per fon named as principal or accefiary, fhall be acquitted of any fuch murder or felony, at the suit of the people of this flate, within the year and day, that then the fame juftices, before whom fuch perfon fhall be acquitted, fhall not fuffer him to go at large, but fhall either remit him again to prifon, or elfe let him to bail, after their difcretion, until that year and day be paled. And if the faid tel. ns or murderers, and acceflaries fo arraigned, or any of them, be acquitted, or if they, or any of them, happen to be attained, the wife or next heir to the perfon fo flain, as fhall require it, may take and have their appeal of the fame death and murder, within the year and day after the fame felony and murder done, against the faid perfons fo arraigned and acquitted, and all other their acceflaries, or against the acceffaries of the faid principal, or any of them fo attainted, or against the principals fo attainted, if they be alive; and that the appellant fhall have fuch and the like advantage as if the faid acquittal or attainder had not been, the faid acquittal or attainder notwithilanding. And further, That the wife or heirs of the Gerfons dain, may faid perfons fo flain or murdered, as the cafe fhall require,

Wife, or heirs of

per far with the

commence appeal in may commence their appeal in proper perfon, at any time year and day, &c. within the year after the laid felony done, before one of the coroners of the county where the faid felony or murder was done, or before the people of the ftate of New-York, in their fupreme court, or before the justices of the gaol delivery, or juflices affigned to hear and determine; and the appellants, in any appeals of murder or death of any perion, or of rape, or any other felony, may make their attornies, and appear and profecute the fame appeals by their attornics, after the fame appeals be commenced, to the end of the fuit, and execution of the fame.

I.

CHAP. XXXI.

An ACT touching the Bailment of Perfons.

Pafled 16th February, 1787.

E it enacted by the people of the state of New-York, reprefented in fenate That no fheriff, under fheriff, coroner, gaoler, or other officer, fhall let out of prifon or permit to go at large, on bail or otherwife, any perfon by them or any of them arrefted, or to be arrested, or being in their or any of their cuftody, by virtue of any writ, procefs, warrant or commitment, for any treafon or felony, or mifprifion of treafon, or upon any condemnation, execution or capias utlagatum, or for furety of the peace; or any perfon taken or arrested, or committed, or to be taken, arrested or committed, by fpecial commandment of any court or juftices, upon pain of being punished by fine and imprisonment, and to answer the damages to the party grieved, if any be thereby aggrieved.

II. And for as much as divers perfons have been arrefted and imprisoned for fufpicion of felony, fometimes of malice, and fometimes of light fufpicion, and fo kept in prifon without bail or main prife, to their great vexation and trouble; Therefore, Be it further enacted by the authority aforefaid, That the juftices of the peace in their general feffions, or any two of them at the leaft, being prefent together out of feffions, in every county and city of this flate, fhall have authority and power, by their difcretion, to let fuch prifoners and perfons fo arrefted in their respective cities or counties, to bail or mainprife, unto their next general feffions, or unto the next gaol delivery, to be holden in the fame county or city where the faid perfon or perfons fhall be arrested or fufpected (as the cafe may require.) And further, That the faid juftices, or one of them, when any fuch prifoner fhall be brought before them, before any bailment or mainprife, fhall take the examination of the faid prifoner, and information of them that bring him, of the fact and circumflances thereof, and the fame, or as much thereof as fhall be material to prove the felony or offence, fhall put into writing, before they make the fame bailment; which faid examinations, together with the faid bailment, the faid juices fhall certify in writing, fubfcribed or figned with their own hands, at their next general feilions, or the next gaol delivery, to which the faid perfon or perfons fo let to bail or mainprife fhall be bound to appear. And the faid juftices are hereby authorised and required to bind all fuch by recognizance, as do declare any thing material to prove the faid felonies or offences, to appear at their next general feffions, or at the next gaol delivery, to be holden within the county or city where the trial thereof fhall be, as the cafe may require, then and there to give evidence against the faid party, and fhall certify fuch recognizance and recognizances in writing, as they

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