fined. fhall take, to the fame court, together with the faid examinations and bailment; and in cafe any juftice of the peace, or mayor, recorder or alderman, Juftices offending acting as a juice of the peace, fhall offend in any thing against this act, to be contrary to the true intent and meaning of this act, the jul tices of the peace in their general feffions of the peace, or the juftices of the gaol delivery of the city or county where fuch offence fhall be committed, upon due proof thereof, by examination before them, fhall, for every fuch offence, fet fuch fine on every of the fame juftices of the peace, as the fame juftices of the peace, in their general feliions, or the juftices of gaol delivery, fhall think meet, and eftreat the fame as other fines and amerciaments affeffed before juftices of the peace, in their general feffions of the peace, or before juftices of the gaol delivery, ought to be eftreated. ties. CHAP. XXXII. An ACT concerning Sherifs, and the Service and Return of Procefs. E it enacted by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby en..cted by the authority of the fame, That none fhall be fheriff of any city or county of this flate, unless he be a fubftantial freeholder within the fame city or county where he fhall be sheriff. And further, That every perfon hereafter to be appointed to the office of fheriff of any city or county within this ftate, before he be permitted to execute the faid office, fhall enter into bond to the people of this itate, in the penal fum of two thousand pounds, with two or more fufficient fureties, beSheriffe to give bonds ing freeholders, jointly and feverally, in the penal fum in 2000l. with fure of two thousand pounds, to anfwer the people of this ftate, and the parties, if any will complain, and conditioned that fuch fheriff fhall well and faithfully, in all things, perform and execute the faid office of fheriff, without fraud, deceit, or oppreffion; which bonds fhall be filed in the clerk's office of the counties refpectively, for which the respective sheriffs fhall be appointed, and the faid clerks refpectively fhail judge of and determine the competency of fuch fureties. And in cafe of any recovery by any party aggrieved against any fheriff, for any default or mifconduct in his office, it fhall be lawful for the juftices of the fupreme court, upon motion in open court, to order the bond fo given by fuch sheriff, to be put in fuit against fuch fheriff or his fureties, or all, or any, or either of them; and when judgment shall be obtained on fuch bond, the faid fupreme court fhall, upon motion in open court, direct fo much money to be levied thereon, as fhall be fufficient to pay the party the debt or damages fo recovered, with cofts, and to be paid to fuch party grieved; but if fuch fheriff or his fureties, or either of them, fhall pay the debt or damages fo recovered against fuch fheriff, with cofts, then fuch fuit on fuch bond fhall thereupon be ftayed, and be no further profecuted. And further, That if after judgment obtained upon fuch bond, any other party aggrieved, and who hall have recovered any debt or damages against fuch fheriff, for any default or misconduct in his office, fhall apply to the faid fupreme court for relief, the faid fupreme court, fhall, upon motion in open court, direct fuch further fum to be levied on fuch judgment on fuch bond, as fhall be fufficient to pay the debt or damages fo recovered, with cofts, and to be paid to fuch party aggrieved, and fo as often as any recovery shall be had against fuch sheriff, for any mifconduct or default in his office; Provided, That the fureties in any bond fhall not be charged by virtue of this act, beyond the amount of the fums in which they are or fhall be bound in any fuch bond: And provided, If two or more fuch recoveries fhail be had against fuch fheriff, in the fame term, or at the fame time, amounting together to more than the whole amount of the fums contained in fuch bond, the faid fupreme court fhall order the monies, to be levied thereupon, to be diftributed to the parties refpectively, in proportion to the respective amounts of their respective recoveries. II. And be it further enacted by the authority aforesaid, Sheriffs to have cuf. That the fheriff of each of the refpective cities and counties tody of gaols, and appoint keepers. of this flate, fhall have the cuftody, rule, keeping and charge of the gaols and prifons, and the prifoners in the fame, in the fame city or county, as before this time they were wont to have; and the fame sheriffs refpectively fhall put in fuch keepers for whom they will answer: And if the keeper or under keeper of any prifon, by too great ducompel any pi foner tefs of imprisonment, and by pain, make any prifoner that to become an appellor. he hath or fhall have in his ward, to become an appellor against his will, it fhall be felony, and if any keeper be thereof convicted op attainted, he shall have judgment as in cafes of felony. Felony in gaolers to officer to take any law. III. And be it further ended by the authority aforefaid No fheriff or other That no fheriff, or other officer or minifter, by occafion, or fees not allowed by under colour of their or any of their office, fhall take any other thing, or more, by themselves, or by any other perfon, to their or any of their ute, profit or avail, of any perfon by them, or any of them, to be arreled or attached, nor of any other, for the omitting of any arreft or attachment to be made by their body, or of any perfon by them, or of any of them, by force or colour of their, or any of their office, arrelted or attached for fine, fee, fuit of prifon, mainprife, letting to bail, or Thewing any cafe or favour, to any fuch perion fo arrefted or attached, or to be arrested or attached, fo. their, or any of their reward or profit, but fuch as afe or fhall be allowed and established by the law of this flate. And further, That every fheriff' in this ftate, fhall yearly make a deputy an it deputies in of record in the fupreme court, to receive all manner of the fopreate court, writs and warrants to be delivered to them. And moreover, Fhat every fheriff, or other officer or minifter, who Penalty on delin- fhall do contrary hereto, in any point, fhall forfeit and pay to the party in that behalf aggrieved, his treble damages, to be recovered with cofts of fuit, and fhall alfo forfeit the fum of one hundred pounds, at every time that they or any of them do the contrary thereof in any point; the one moiety thereof to the people of this ftate, and the other moiely thereof to the party who fhall fue for the fame, to be recovered, with cots of fuit, in any court of record, by action of debt, bill, plaint or information. Sheriff's annually to Late dive writs. quent friffs. IV. And be it further enacted by the authority aforefaid, That fuch as do fear the malice of sheriffs or others, having the return of writs, fhall deliver their wiks, original and judicial, in the county where they are to be executed, and may take of the theriff, under fheriff, or other officer to whom the fame wait dl be directed, a certificate, wherein the names of the demandants or plaitaffs, and tenants or defendants named in the writ, and the day of delivering the writ, fhall be mentioned; and the fheriff or under fheriff,, or other officer to whom the writ fhall be directed, fhall, at the request of the party delivering the wth, put his feal to the faid certificate for a teftimony; and if the flesh or under theriff, or the officer to whom the writ fhall be directed, If writ is not re to be affelled and recovered. will not put his feal to fuch certificate, the witnefs of other credible perfons being prefent, fhall be taken, and fhall put their feals to fuch certificate. And further, That at what time or place foever, in the county, turned, how damages any perfon doth deliver any writ to the fheriff, or the under fheriff, or other officer to whom the writ fhall be directed, they fhall receive the fame writ, and make a certificate thereof as aforefaid, without taking any thing therefore; and it the fheriff, or other officer to whom the faid writ fhall be directed, do not return the fame writ, and complaint thereof be made to the court where fuch writ fhall be returnable, if the writ was to be executed in the fame county where fuch court fhall then fit, an inqueft fhall thereupon be taken, in the prefence of fuch fheriff or other officer, if he will attend in the fame court, to inquire whether the writ was delivered, and what damages the party hath fuftained, having regard to the quality and quantity of the action, and the peril that may happen by reafon of the delay; and if it be found by the inqueft, that the writ was delivered, the party hall recover his or her damages aforefaid, against fuch sheriff, under fheriff, or other officer, with the cofts of taking the fame inqueft, and fhall have execution for the fame, in like manner as for damages in any other cafes; but if fuch writ was to be executed in any other county, then a writ judicial fhall be awarded to the juftices or juflice who thall hold the next circuit court in fuch county, to inquire as aforefaid, and an inqueft fhall be thereupon taken in fuch circuit court, and returned; and if it be found by the inquef that the writ was delivered, the party demandant or plaintiff, Thall recover and have execution for the damages and cofls as aforefaid, and by the fame means there fhall be remedy, where the fheriff or other officer returns that the writ came too late, fo that he could not execute the fame. And moreover, That in all cafes where the fheriff or other officer thall be commanded, that of the ifites of the lands and chattels of any perfon he anfwer, if the plaintiff demand hearing of the return, it fhall be granted; and if the plaintiff offer to aver that the fieriff or other officer might and ought to have returned greater iffues, it fhall be inquired, by an inqueft to be taken in the manner aforefaid, of what and how great iffues the theriff or other offcer might and ought to have made retura, from the day of the writ purchated, unto the day of the return thereof; and if it be found that he hah not anfwered for the whole, he fhall be charged with the overplus, and fhall alfo be amerced for the concealment. And it is hereby declared, that rents, com in the grange, and all moveables (except arms, implements of trade and hourhold goods) be contained within the name of iffues. V. And be it further enabled by the authority aforefaid, Sheriff's duty in That when the eff, or any of his deputies, fhall find that cafes of refiftance. refiftance will be made against any process of execution, the Theriff, laying afide all other things, and taking with him the power of the county, fhall forthwith go in his proper perfon, and do execution; and if he find refillance, he fhall certify to the court the names of the refillers, aiders, confenters, commanders and favourers, and by a writ judicial, they fall be attached by their bodies, to appear in the fame court, and if they be convicted of fuch refiftance, they fhall be punished by fine and imprisonment. VI. And be it further enacted by the authority aforefaid, That fheriffs and other officers to whom the return of any writs or process fhall appertaia, fhall put their own names to the returns of the fame writs and procefs, fo that the court may know of whom they took fuch returns, if need be; and if any fheriff or other officer leave out his name in any return, he shall be amer ced, and alfo answer the damages to the party. to receive thieves and VII. And be it further enacted by the authority aforefai Sheriffs and gaolers That sheriffs and gaolers fhall, from henceforth, receive felons from constables and fafely keep in prifon, all thieves and felons appealed, and other officers. indicted, or taken in the fact, who fhall be taken and a tached by conftables and other officers, by the delivery of the conftables and other officers, without taking any thing for the receipt. And further, That as well the juftices of the peace, at their general feffions in their respective counties, as the juftices of the fupreme court and the juftices of gaol delivery, and juftices affigned or authorised to hear and determine, fhall have power to hear the complaints of thofe who will complain against fherits and gaolers in fuch cafes, and to punish the fheriffs and gaolers, if they be found guilty. VIII. And be it further enacted by the authority aforesaid, Sheriffs, on procets That every fheriff, and other officer to whom any proces acquit debtors for out of the exchequer fhall be directed and delivered, for money received. levying any debt, fine or forfeiture, to the people of the fate of New-York, fhall, upon demand, fhew the fame process and deliver a copy thereof to the debtor or perfon against whom the fame process shall be iffued, without denying to any, and without taking any reward; and fhall, upon receiving or levying the money mentioned in fuch procefs, lawfully acquit the debtor thereof, and account for the fame at his next account, after he shall have received or levied the fame; and if any sheriff or other of ficer do otherwife, and be thereof convicted, he shall render to the party ag grieved treble damages and cofts of fuit, and be further punished by fine, according to the difcretion of the court wherein he shall be convicted. out of exchequer, to perious not to be feiz IX. And be it further enacted by the authority aforefaid, Goods of accufed That no fheriff or other perfon, fhall take or feize the goods ed until conviction. ofany perfon arrested or imprisoned for fufpicion of felony, before that the fame perfon fo arrefted or imprisoned, be convicted or attainted of fuch felony according to law, or the fame goods be otherwife lawfully forfeited, upon pain to forfeit double the value of the goods fo taken, to him who fhall be fo injured in that behalf; to be recovered with cofts of fuit, in any court of record, by action of debt, bill, plaint or information. wrongfully feized or X. And whereas fheriffs, and other officers, fometimes feize the lands, goods, and chattels of divers perfons, furmifing that they be outlawed, or their lands, goods, and chattels forfeited, where they be not, because that they bear fuch names as thofe who be outlawed, or whofe lands, goods and chattels be forfeited, for default of good declaration of the name, firname and addition: For remedy whereof, Be it further enacted by the authority Any person whote aforesaid, That if any will complain in fuch cafe, he or he Lands or goods are fhall have a writ of identitate nominis; and if the lands, forfeited, may have a goods or chattels of any perfon fhall, in fuch cafe, be feized writ of identitate no- by any theriff or other officer, fuch perfon fhall find furety before the sheriff or other officer who hath the warrant to feize, to answer to the people of this flate, of the value of fuch lands, goods and chattels, in cafe he or the cannot difcharge him felf or herself; and fuch fheriff or other officer, fhall thereupon reftore the fame lands, goods and chattels, to the party, without taking any thing of the party. And if fuch fheriff or other officer do not the fame, and thereof be convicted, the party shall have fuit against fuck theriff or other officer, and recover his or her minis. double damages and cofts of fuit; and fuch fheriff or other officer fhall be further punished by fine for his offence. XI. And be it further enacted by the authority aforefaid, That as well the Juftices of the peace in their open general feflions, and the juftices of gaol delivery, and juftices affigned or authorised to hear and determine, within the limits of their authority respectively, as the juftices of the fupreme court, fhall have full power and authority to hear and determine all offences and defaults, done contrary to this act, as well by prefentment and information, as indictment; and upon conviction of the offenders, to award execution for the levying of the forfeitures aforefaid, by fieri facias, attachment, capias, or exigent. XXXIII. An ACT that the folemn Affirmation and Declaration of the People called Paffed 19th February, 1787. That every Quaker who fhall be required, upon any lawful occafion, to take an oath, in any cafe where by law an oath is required, fhall, inftead of the ufual form, be permitted to make his or her folemn affirmation or declaratido folemnly, fincerely, on, in the words following, to wit: I and truly declare and affirm. Which solemn affirmation or declaration shall be adjudged and taken, and is hereby enacted and declared, to be of the fame force and effect, to all intents and purposes, in all courts of juftice, and other places where by law an oath is required, as if fuch Quaker had taken an oath in the ufual form. II. And be it further enacled by the authority aforefaid, That in all cafes wherein by any act or acts of the legislature of this ftate, now in force, or. hereafter to be made, an oath is or fhall be allowed, authorised, directed or required, the folemn affirination or declaration, in the form above defcribed, of any of the people who fhall be a member of the religious fociety of the people called Quakers, or fhall ufually affociate with the people called Quakers, in their religious worship, or be generally reputed to be a Quaker, fhall be allowed and taken inftead of fuch oath, although no particular or exprefs provifion be made for that purpose, in fuch act or acts: And all perfons who are or shall be authorifed or required to adminifter fuch oath, fhall be, and hereby are authorised and required to adminifter the faid affirmation or declaration. And the faid folemn affirmation or declaration, so made as aforefaid, fhall be adjudged and taken, and is hereby enacted and declared to be of the fame force and effect, to all intents and purposes, in all courts of juftice, and other places where by law an oath is or fhall be allowed, authorised, directed or required, as if fuch Quaker had taken an oath in the ufual form. III. And be it further enacted by the authority aforefaid, That if any perfon making fuch folemn affirmation or declaration, fhall be lawfully convicted of having wilfully, falfely and corruptly affirmed and declared any matter or thing, which, if the fame had been depofed in the usual form, would have amounted to wilful and corrupt perjury, every perfon fo offending, fhall incur and fuffer the like pains, penalties and forfeitures, as by the laws and ftatutes of this flate, are or fhall be directed to be inflicted on perfons convicted of willful and corrupt perjury. |