« SebelumnyaLanjutkan »
of any other than her husband.
according to the laws of this state; and that no apreais shall be made, or in any wife pursued before either house of the legislature.
No per fon to be taden on the appeal of a
II. And be it further enaĉied by the authori'y «foresaid, woman, for the death That no person shall be taken or imprisoned upon
the appeal of a woman, for the death of any other than of her
husband. III. Ard be it further enucled by the authority aforesaid, That if any married woman or maid, or any other woman, shall be ravished, and doth not consent to the ravilher, neither before nor after the rape committed, such woman so ravished, may sue and prosecute against fuch ofienders by appeal, and pursue the same to judgment and execution. But if such woman, atter the rape committed, content to the ravisher, she shall be thereby barred of her appeul. And further, That wheresoever and whenfoever any woman shall be ravished, and after such rape do consent to such ravisher, the luband of such woman, if she have a husband, or if she have no husband in life, then her father, or other next of her blood, shail from henceforth have the suit, to pursue, and may sue by appeal, against the same o enders and ravishers, in this behalf, to have them thereof convicted, and pursue the same to judgment and execution, although the fame woman, after such rape, do content to the ravilher.
IV. And be il further enaclcd by the authority afcrofoid, Aprals of murder Thit in all appeals of murder, if the appellant declare the
deed, the year, the day, the hour, and the town or place where the deed was done, and with what weapon the person killed was Hlain, the appeal Mail stand good in efiect; and no iuch appeal all be abared for default of fresh suit, is the party shall sue within the year and the day after the deed done.
V. And be it for her engêied by the cathrily af refund, Murderers may be That if any person be sain or murdered, and therefore the year and day, &c. Divers, murderers, abettors, maintainers and comforters of the same, be inc.icted, that the fame Nayers and murderers, and all other accellaries of the time, liall be arraigned and determined of the same felony and murder, at any time, at the fuit of the people of this face, within the year afier the same felony and murder done, and not tarry the year and day for any appeal to be taken for the fame fclony or murder. And if any perfon named as principal or acceflary, Mhall be acquitted of any such murder or telony, at the suit of the people of this itate, within the year and day, that then the same justices, before whom such person shall be a quittel, shall not fuffer him to go at large, but shall either remit him again to prison, or elle let him to bail, alter their discretion, until that year and day be pated. And if the füid tel. ns or murderers, and accessaries so arraigned, or any of thein, be acquitted, or if they, or any of them, happen to be attained, the wife or next heir to the person fo fain, as shall require may take and have their appeal of the fame death and murder, within the year and day after the fame felony and murder done, againit the faid persons to arraigned and acquitted, and all other their acceßaries, or against the accellaries of the faid principal, or any of them so attainted, or against the principals fo attainted, if they le alive, and that the appellant shall have such and the like advantage as if the Said acquittal or attainder had not been, the said acquiital or atainder not.
withitanding. And further, That ile wife or heirs of the yerfons lain, may
said persons so flain or murdered, as the cafe shall require,
Wife, or heirs of
commence appral in may commence their appeal in proper perfon, at any time ptr fun within the year and day, &c. within the year after the said felony done, before one of the
coroners of the county where the said felony or murder was done, or before the people of the state of New-York, in their supreme court, or before the justices of the gaol delivery, or justices assigned 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 profecure the same appeals by their attornies, after the same appeals be commenced, to the end of the suit, and execution of the same.
CH A P. XXXI.
Paned 16th February, 1787. " a
and embly, and it is hercby ended by the authority of the funic, That no sheriff, under sheriff, coroner, gaoler, or other officer, shall let out or prison or permit to go at large, on bail or otherwise, any person by them or any of them arrested, or to be arrested, or being in their or any of their cultudy, by virtue of any writ, process, warrant or commitinent, for any treason or felony, or misprision of treason, or upon any condemnation, execution or capias utlagatum, or for surety of the peace; or any person taken or arrested, or committed, or to be taken, arrested or committed, by special commandment of any court or justices, 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 persons have been arrested and imprisoned for suspicion of felony, sometimes of malice, and sometimes of light fufpicion, and fo kepi in prison without bail or main prise, to their great vexation and trouble; Therefore, Be it further enabled by the authority aforejuid, That the justices of the peace in their general sessions, or any two of them at the lealt, being present together out of sessions, in every county and city of this ftate, shall have authority and power, by their discretion, to let such prisoners and persons so arrested in their respective cities or counties, to bail or mainprise, unto their next general sessions, or unto the next gaol delivery, to be holden in the fame county or city where the said person or persons shall be arrested or suspected (as the case may require.) And further, That the faid justices, or one of them, when any such prisoner shall be brought before ilem, before any bailment or main prife, shall take the examination of the said prisoner, and information of them that bring hin, of the fact and circumliances thereof, and the fame, or as much thereof as shall be material to prove the felony or offence, shall put into writing, before they make the same bailment; which faid examinations, together with the said bailinent, the faid justices shall certify in writing, subscribed or signed with their own Janels, at their next general sessions, or the next gaol delivery, to which the faid person or persons fo let to bail or mainprife shall be bound to appear. And the said justices are hereby authorised and required to bind all such by recognizince, as do declare any thing material to prove the said felonies or offences, to appear at their next general seslions, or at the next gaol delivery, to be hoiden within the county or city where the trial thereof shall be, as the case may require, then and there to give evidence against the said party, and Thall certity fuch recognizance and recognizances in writing, as they
shall take, to the fame court, together with the said examinations and bairment; and in case any justice of the peace, or mayor, recorder or alderman,
acting as a justice of the peace, shall offend in any thing against thuis act, to be contrary to the true intent and meaning of this act, the jul
tices of the peace in their general sessions of the peace, or the justices of the gaol delivery of the city or county where fuch offence shall be committed, upon due proof thereof, by examination before them, snall, for every such offence, fer such fine on every of the faine jutlices of the peace, as the same justices of the peace, in their general feliions, or the justices of gaol delivery, shall think meer, and estreat the fame as other fines and amerciaments aflefTed before justices of the peace, in their general fellions of the peace, or before justices of the gaol delivery, ouglit to be eftreated.
CH A P. XXXII. An ACT concerning Sheriffs, and ihe Service and Relurn of Process.
Palled 19th February, 1787. 1. B.
E il enacted by the people of the fate of New York, represented in fenale
and asembly, and it is hereby en dled by the authority of the fame, That none shall be sheriff of any city or county of this state; unless he be a subftantial freeholder within the same city or county where he shall be sheriit. And further, That every person hereafter to be appointed to the office of sheriff of any city or county within this state, before he be permitted to execute the faid office, shall enter into bond to the people of this state, in the penal sum of two thousand pounds, with two or more sufficient sureties, beSheriffeto give bonds ing freeholders
, jointly and severaily, in the penal fum in 2001. with fure. of two thousand pounds, to answer the people of this
state, and the parties, if any will complain, and conditioned that such sheriff shall well and faithfully, in all things, perform and execute the faid office of sheriff, without fraud, deceit, or oppression; which bonds hall be filed in the clerk's office of the counties respectively, for which the respective sheriffs shall be appointed, and the faid clerks respectively shail judge of and determine the competency of such sureties.
And in case of any recovery by any party aggrieved against any sheriff, for any default or min conduct in his office, it shall be lawful for the justices of the supreme court, upon motion in open court, to order the bond to given by such sheriff, to be put in suit against such sheriff
' or his fureties, or all, or any, or either of them; and when judgment shall be obtained on such bond, the said fupreme court shall
, upon motion in open court, direct so much money to be levied thereon, as shall be sufficient to pay the party the debt or damages fo recovered, with costs, and to be paid to such party grieved; but if such sheriff or his fureties, or either of them, shall pay the debt or damages so recovered against such sheriff, with custs, then such suit on such bond shall there upon be stayed, and be no further prosecuted. And further, That if after judgment obtained upon such bond, any other party aggrieved, and who Thall have recovered any debt or damages against such sheriff, for any default or misconduct in his office, shall apply to the said fupreme court for relicf, the faid fupreme court, shall, upon motion in open court, direct such further fum to be levied on such judgment on such bond, as shall be suficient to pay the debt or damages fo recovered, with costs, and to be paid to such party aggrieved, and so as often as any recovery shall be had against such sheriff, for any misconduct or default in his office; Provided, That the sureties in any bond
Mall not be charged by virtue of this act, beyond the amount of the sums in which they are or shall be bound in any such bond: And provided, Iftwoor more such recoveries sail be had against such iheriff, in the fame terin, or at the same time, amounting together to more than the whole amount of the suns contained in such bond, the said supreme court shall order the monies, to be levied thereupon, to be distributed to the parties respectively, in proportion to the respect ve amounts of their respective recoveries.
II. And be it firther enacted by the authority aforefuid, Sheriffs to have cuf. That the sheriff of each of the respective cities and counties tody of gaols, and ap. point keepers. of this state, mall have the cultody, rule, keeping and charge of the gaols and pritons, and the prisoners in the same, in the iame city or county, as before this time they were wont to have; and the fame sheriffs respectively shall put in such keepers for whom they will answer: And if Felony in gaolers to
the keeper or under keeper of any prison, by too great ducompel any pi fouer refs of imprisonment, and by pain, make any prisoner that w becoine an appellor. lie hath or shall diave in his ward, to become an appellor against his will, it shall be felony, and if any keeper be thereof convicted og attainted, he shall have judgment is in cases of felony.
III. And be il further en and by the authority aforesaid, No sheriff or other 'That no meril, or other officer or minister, by occafion, or es noe aliwwed by under colour of their or any of their office, shall take any
other thing, or more, by themselves, or by any other perfon, to their or any of their ui, profit or avail, of any perion by them, or any of them, to be arrenci or attached, nor of any other, for the omitting ofany arreit or attachinint io be inade by their body, or of any person by them, or of any of them, by force or colour of their, or any of their office, arteied or attached tor tine, fee, uit of prison, mainprise, letting to bail, or Inuwing any ease or favour, to any iuch perio.i fo arrested or atiached, or to
earreieilor atached, fo. ther, or any of their reward or profit, but iuch as aic or shall be allowed ani eitablithed by the law of this state. And further,
That every sheriff' in this state, fall yearly make a deputy Seitsanully to alt dnuties in of record in the supreme court, to receive all manner of wiiis and warrants to be delivered to them.
And moreover, That every lneriff
, or other officer or minister, who Pinalty can delina shall do contrary hereto, in any point, shall forfeit and pay
10.the party in that belialf aggrieved, his treble damages, to be recovered with costs of luit, and Mall also forfeit the sum of one hundred puunds, at every time that they or any of them do the contrary thereof in any puint; the one moiety the eof :o the people of this state, and the other moi. ey thereof to the party wlio hall sue for the time, to be recovered, with cots of fuit, in any court of record, by action of debt, bill, plaint or information.
IV. Ani bil further enddiel?by ile au hurily aforesiid, That such as do fear thie inalice of Therifls or others, having the re:urn of writs, shall deliver their wits, orig'nal and judicial, in the county where they are to be executed, ani may take of the theriff, unler Theriff, or other officer to whom the same Vtii malbe dire&iud, a certificare, wherein the names of the demandants of piditatis, an'lenants or defendants named in the writ, and the day of deliver." m. be wri, shall be mentioned; and the sheriff or under sheriff,, or other cicer 10 wom the writ shal be directed, Mall, at the request of the party de vering tài: wri', put his real to the said certificate for a testimony; and if the heiti' or under Theriff, or the officer to whom the writ Ihall be directed,
i! 1.reale court, Live Writs.
qrent li riffs.
If writ is not re
will not put his seal to such certificate, the witness of other credible persons being present, ihall be taken, and hall put their feals to such certificate. And
further, That at what time or place foever, in the county, curta, uw cames any person dotli deliver any writ to the sheriis, or the unto be alleled and reeurtred.
der sheriff, or other officer to whom the writ hall be direct
eủ, they shall receive the same writ, and make a certificate thereof as aforefid, without taking any thing theretore; and it the sheriff, or other officer to whom the said writ shall be directed, do not return the faine writ, and complaint thereof be made to the court where such writ Mall be returnable, if the writ was to be executed in the fame county where such court ihall then fit, an inqueit fhall thereupon be taken, in the prefence of such feriff or other officer, if he will attend in the fame court, to inquire whether the writ was delivered, and what damages the party hath fustained, having Tegard to the quality and quantity of the action, and the peril that niay happen by reafon of the delay; and if it be found by the inqueft, that the writ was delivered, the party shall recover his or her damages aforesaid, against such sheritt, under therist, or other officer, with the coils of taking the line inquest, and Diall hare execution for the fame, in like manner as for damages in any other cales; but if such writ was to be executed in any other county, then a writ judicial shall be awarded to the justices or juslice who fhall hold the next circuit court in such county, to inquire as aforesaid, and an inqucft Thall be thereupon taken in such circuit couit, and returned; and if it be found by the inquest that the writ was delivered, the party demandant or plaintiff, Niall recover and have execution for the damages and costs as aforelaid, and by the same means there hall be remedy, where the sheriff or other officer retarns that the writ came too late, so that he could not execure the fame. And moreover, That in all cates where the sherifi or other--officer 'hall be commanded, that of the inities of the lands and chattels of any person he answer, if the plainti il demand hearing of the return, it all be granted ; and if the plaintiff citer to aver that the fieriff or other officer might and out to have returnedgwater iffucs, it ihall be inquired, by an inquest to be taken in ihe manner afortlaid, of what and how great itřics the Theriff or other oilicer might and ought to have made returi, from the day of the writ purchaied, unto the day of the return thereof; and if it be found that lie liah no: ansvered for the whol, lie shall be charged with the overplus, and thall also be amerced for the concealment. And it is hereby declared, that ren!s, com in the grange, and all moveables except 2i'ms, implements of trade and houlis hold goods) be contained within the name of issues.
V. And be it further einied by the a:1thority aforcjici Sherits duty in That when the leriff, or any of his clepeties, shall find that
resistance will be made against any process of execution, the Theriss, laying aside all other things, and taking withi kim the power of the county, shall forthwith go in his proper person, and do exccution; and if he find reiillance, he hall certify to the court the names of the retulers, ainda ers, confenters, commanders and favourers, and by a writ judicial, they, Irail be attached by their bodies, to appear in the fame court, and if they be convicted of such resistance, they shall be punished by fine and imprisonment.
VI. And be it. Furtårer enacted by ihe authorily ajürefund. That merilis and other officers to whoin the return of any writs or process shall aprertainl, shall put their own names to the returns or the fame writs and proces, so that the court may krow of whom they took such returns, if peed be; and it
cases of refiftance.