« SebelumnyaLanjutkan »
any Meriff or other officer leave out his name in any return, he shall be amer: ced, and also answer the damages to the party.
VII. And be it further enabled by the authority aforesaid, Sheriffs and gaolers That sheriffs and gaoiers !hall, from henceforth, receive to kelons from contables and safely keep in prison, all thieves and felons appealed, and other officers.
indicted, or taken in the fact, who fall be taken and to tached by constables and other officers, by the delivery of the constables and other officers, without taking any thing for the receipt. And further, That as well the justices of the peace, at their general féslions in their respective counties, as the justices of the supreme court and the justices of gaol delivery, and justices alligned or authorised to hear and determine, shall have power to hear the complaints of those who will complain against sheri's and gaolers in such cases, and to punish the theriffs and gaolers, if they be found guilty
. VIII. And be it further enaeled by the authority aforesais
, Sheriffs, on procets That every sheriff, and other officer to whom any proces acquit debtors tor out of the exchequer shall be directed and delivered, for money received,
levying any debt, fine or forfeiture, to the people of the fiate of New York, Íhall, upon demand, shew the fame process and deliver a copy thereof to the debtor or person against whoin the same process shall be issued, without denying to any, and without taking any reward; and shall, upon receiving or levying the money mentioned in such process
, 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 otherwise, and be thereof convicted, he shall render to the party ag. grieved treble damages and costs of fuit
, and be further punished by fine, according to the discretion of the court wherein he shall be convicted.
IX. And be it further enacted by the authority aforesaid, Gands of accused That no sheriff or other person, thall take or feize the goods ed until conviction. ofany person arrested or imprisoned for fufpicion of felony,
before that the same person fo arrested or imprisoned, be convicted or attainted of such felony according to law, or the faine goods be otherwise lawfully forfeited, upon pain to forfeit double the value of the goods so taken, to him who shall be fo injured in that behalf; to be recovered with costs of fuit, in any court of record, by action of debt, bil, plaint or information.
X. And whereas sheriffs, and other officers, sometimes feize the lands, goods, and chattels of divers persons, furmiting that they be outlawed, or their lands, goods, and chattels forfeited, where they be not, because that they bear fuch names as those who be outlawed, or whose lands, goods and chartels be forfeited, for default of good declaration of the name, firname and addition : For remedy whereof, Be it further enated by the authority
Any person whose aforeluid, That if any will complain in such cafe, he or she lunds" or youds are mall have a writ of identitate nominis; and if the lands, forfeited, may leave a goods or chattels of any person shall, in such case, be seized
by any sheriff or other officer, such person shall find furety
before the sheriff or other officer who hath the warrant to seize, to answer to the people of this state, of the value of such lands, goods and chattels, in case he or she cannot discharge him
self or herself; and fuch sheriff or other officer, shall thereupon restore the fame lands, goods and chattels
, to the party, without taking any thing of the party. And if such theriff or other officer do not the same, and thereof be convicted, the party tha!! have fuis agaird fuck heriff or other oficer, and recover bis or her
double damages and costs of suit ; and such sheriff or other officer Phall be further punished by fine for his offence.
XI. And be it further enacted by the authority aforeluid, That as well the justices of the peace in their open general fellions, and the justices of gaol delivery, and justices alligned or authorised to hear and determine, within the limits of their authority respectively, as the justices of the fupreme court, Ihall have full power and authority to hear and determine all offences and defaults, done contrary to this act, as well by presentment and information, as indictment; and upon conviction of the offenders, to award execution for the levying of the forfeitures aforesaid, by fieri facias, attachment, capias, or exigent.
CH A P. XXXIII. An ACT that the folemn Afirmation and Declaration of the People called Quakers, shall be accepted infead of an Oaih.
Pafled 19th February, 1787. 1.
and assembly, and it is hercby chacted by the authoniy of the same, That every Quaker who shall be required, upon any lawful occation, to take an oath, in any case where by law an oath is required, shall, instead of the usual form, be permitted to make his or her folemn affirmation or declaration, in the words following, to wit: I do Solimarly, fincerely, 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 purpofes, in all courts of justice, and other places where by law an oath is required, as if such Quaker had taken an oath in the usual form.
II. And be it further enaĉied by the authorily aforefuid, That in all ca.es wherein by any act or acts of the legislature of this itate, now in force, or. hereafter to be inade, an oath is or Thall be allowed, autliorised, directed or required, the folemn affirination or declaration, in the form above described, of any of the people who shall be a member of the religious fociety of the people called Quakers, or shall usually affociate with the people called Quakers, in their religious worship, or be generally reputed to be a Quaker, shall be allowed and taken instead of such oath, although no particular or express provision be made for that purpose, in such act or acts : And all persons who are or shall be authorised or required to administer such oath, shall be, and hereby are authorised and required to administer the said affirmation or declaration. And the faid sokmn affirmation or declaration, so made as aforefaid, 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 justice, and other places where by law an oath is or shall be allowed, authorised, directed or required, as if such Quaker had taken an oath in the usual form.
III. And be it further cnated by the authorily aforcfuid, That if any person making such solemn affirmation or declaration, shall be lawfully convicted of having wilfully, falsely and corruptly affirmed and declared any matter or thing, which, if the fame had been deposed in the usual form, would have amounted to wilful and corrupt perjury, every person fo offending, Thall incur and suffer the like pains, penalies and forfeitures, as by the laws and statutes of this state, are or small be directed to be inficted on persons convicted of wilsul and corrupt perjury.
IV. Provided always, and be il further eaded' by the authority aforefu, That no Quaker, or reputed Quaker, shall, by virtue of this act, be compelled to serve on any juries in criminal cales, nor to act as an afleflor or collecior; any thing in this act to the contrary notwithitanding. ·
CH A P. XXXIV. sce izt! fest. ch. 48. H ACT 10 amend the Charter of the Cor; oralion for the
Relief of the II dws ord Children of Chrnen in the Communion of the Curcu of E:glid, in Američa.
Pafied 19th February, 1787. I. Be it cratcd by the people of the fixte of Neu-horé, reprefent din ferie
and finely, and it is hereby ented by the authority of the family That the faid corporation, hercafier, in all their acts and proceedings
, and in al luits, pleas, deeds, gifts, obligations, marters and things, in any w.. ietjecting the time, thaii be called and known by the name or side of The corporation for the relief of the widows and children of clergymnen of tae Protestant Epicopal Church, in the United States of America ; the faid charter, or any clause thereof, or ufage thereupon, notwithanding.
II. And whereas it is provided by tlie said churier, that the bye-laws of the faid corporation (hail not be contrary to the laws of that part of GreatBritain, called England; Be i erailed by ihe authority afürch.id, That the f.jů claule be, and the same hereby is repealed.
III. didle it firtier ended and puided, Inflead thereof, that the brelaws or regulations of the said corporation, shall not be repuguiant to the conflituion or laws of this state,
IV. And beit further enuled by the authority afirefuia, That the laft cause in the said charter, subjecting the accounis and proceedings of the faid corporation to the revisál and ratication therein exprefled, be, and the fane is hereby repealed and annulled. And it is hereby cnačicd, That the said accounts inay, in the manner directed by the faid charter, hereafter be ratified and confirmed, by the governor, the chancellor and the chief justice of this state for the time being, or any two of them; or be subjected by them, or any two of them, to such revifal, check and confirmation, as by them, or any two of them, may be thought just and reasonable. V. And be il further encard by inc authority forcfuid, That the said char
every part thereof, as altered and amended by this act, Lc, and the fame hereby is confirmed; the non-user of the powers and privileges therehy granted, in any wile notwithttanding.
CH A P. XXXV. An ACT concerning Councurs, Aitornies, Salcitors, darocates and Profors of the fercial Courts in this Slule.
Patied 20th Fes:vary, 1787. 1. PEileed by the people of the 11.!e / New-York, represented in lendle
and alfomb, and it is hereby enuaed by the authoren of the family That it shall be law ful for all and every person and persons whoinfoever, o full age and found inomory, other than defendants in cases where corporal runih men's may be in tlisted, to make and appear by his, her or their attorHey cr aitornios, in all and every or any fuit, action or plea, real or person
ab, moved or to be moved, by or against him, her or them, in any court in this itate; and to commence, pursue, prosecuie or defend the same iut, action or plea, in person, or by his, her or their attorney or attornies.
II. sudbe it further enažied by the authority ajurejaid, That all warrants of attorney of the parties, or of any or either of them, in all suits, actions . and pleas, in any court of record, shall be taken before the judges or judicis of the respective courts in which the same fuit
, action or plea is or shall be depending, or one of them, or before the chancellor of this te for the time being, who shall certify and fend the warrants of attorney beton hinn taken, to the judges or justices of the court in which the suit, actiun or plea is or Mail be depending. And further, That such as cannot convenituly come before any or either of the judges or justices of the court in which such suit, action or plea is or may be depending, or before the chancellor, to make his, her or their attorney or attornies in the same fuit, action or plea, may appear before such judges, justices or chancellor, or either of them, by his, her or their agent or attorney, having fufficient authority therefore in writing, by letter of attorney or otherwise, from the perion or strions in whole behalf such suit, action or plea is or may be depending; and in cases where it may be necessary, Ihall have a writ out of the chancery to fone sufficient man, to receive his, her or their warrant of attorney in the fare fuit, action or plea ; and in all cases where any intant is or call be enuild to any suit or action, fome or one of the next friends of such infant Maill be admitted, in manner aforesaid, to sue and profecute for such intant. And if any infint is or Mall be impleaded, a guardian shall be appointed, in manner aforefuid, for such infant, to defend tlie, fame fuit, action or plea, for the fame infant.
III. And bc it further enacted by the aviko: 2c'orcfuid, What perfons to be That no person ihall henceforth be admitted a countelor, Lurs, attornies, folio attorney, folicitor, advocare or proctor, in any court, but
such as have been brought up in the faine court, or are
o:herwise well practifed in foliciting caufes, and have been found, by their dealings, to be Wilful and of honcit disposition; and that every person hereafter to be admiited a counsellor, attorney, solicitor, advocate or proctor of any court, shall, before such adımiilion, be examined by the judges or justices of the same court, and fuch only as shall be found viriuous and of good fame, and of fufficient learning and ability, hall be admitted, and their names small ise put in a roll or book to be kept in each court refreetively, for that purpose ; and each and every person to admitted shal, upon such admifiion, in open court, take and subicribe an oath of office in ilie words following:
do swear, That I will truly and honesly detean myself of an advocate, as the case may be) according to the befi of my knowledge and ability
IV. eid lei! further enhed by the 01:11105 Goref.?,
by That if any councilor, attorney, folichrom, vocale or fund in detalt, to he put of the luiproctor of any court, heretofore admited, or leieasier to. and dilqualitie.
be admitted, fall be found notoriouly in duhut of ruce.d or otherwise, he shall be put out or the roll, and never arier be received to act as a counselii, atiorney, solicitor, advocate or proctor, in any cout. And futher, Taiwhen any attorney frall cüc, or cease to act, or be put out
citore, autrocates proctors, &c.
I in the practice ,
Sich is thall
De curt of puriy.
for delas cernancing money
of the roll of attornies, the persons for whom he was attorney, shall be wamed to appoint another attorney in his place, so that in the mean time ne damage or prejudice may come to the party.
V. and be ti further encicled by the uuriority aforesaid, That if any coun. fillor, attorney, folicitor, pleader, advocate, proctor, or other, do any manPealty ior deceiving ner of deceit or collusion, in any court of jultice, or confent
unto it in deceit of the court, or to beguile the court or the pany, and thereof be convicted, he shail be punished by fine and imprisonmeni and hail inoreover pay to the party grieved, treble damages, and costs of suit.
VI. Aid be it further cnaked by the authority aforesaid, Peaals en atenies: That if any attorney, folicitor or proctor, do or ihall wi
'tu's, of fully delay ris client's fuit, to work luis own gain, or wilfully
demand, by his bill, any sums of money or allowance, for
or upon account of any money which he hath not laid out or disbursed, or become answei able for, in every such case the party grieved fall have his or her action againfi fuch attorney, solicitor or proctor, and recover there in treble damages and costs of suit: And such attorney, folicitor e proctor, shall thereupon be put out of the roll, and be discharged fron whenceforth from being an attorney, solicitor or proctor any more.
VII. did be it further en.icicd by the authority aforesaid, That no attor. 16 y, folicitor or proctor, shall commence any suit or action for recovery of my fees, charges or disbursements, untii eight days after he shall have delivered to the party to be charged therewith, or left for him or her, at his or Pier dwelling-houe, or last place of abode, a bill of such fees, charges and disbursements, written in a common legible hand, in the English tongue (except law terms, and the names of writs, and in words at length, except tires and fums, and such abbreviations as are commonly used in the English language) subscribed with the proper hand of such attorney, solicitor or proctor.
VII. And be il further enated by the authority aforesaid. That the attorncy for the plaintiff or demandant, in every action or fuit, shall file his war. suit of attorney with the proper officer of the court where the cause is or full be depending, the same term he declares, and the attorney for the detendant or tenant, shall file his warrant of attorney as aforesaid, the fame terin Bix appears, upon pain to forfeit for every neglect or offence, the sum of
ten pounds, to be recovered by action of debt, bill, plaint Korealedastopenal19 Ut pl. 11A tell.ch. or information; the one moiety thereof to the use of the
people of this late, and the other moiety thereof to the oficer 10 whom or in whole office the same warrant should be delivered, entered or filed; and also to make fatisfaction to the party grieved, according to the discretion of the court where any such default or neglect shall be Ind or inade.
IX. And be il fisiher enacted by the auihority aforesuid, Actorey's name to That every proces for arresting, and every writ of exebe put to process.
cution, or some la el annexed, shall, before service or exccurion thereof, be subscribed or indorfed with the name of the attorney or perion by whom the same process or writ of execution shall be sued forth.
X. And be it further ena led by the authority afere wid, That if any attority of any court of record, hall knowingly and willingly permit or sufer many other person to fue out any writ, or commence, prosecute or defend anation or fuit, in lis name, and be thereof convicted, he shall be put out
13. fic. 2.