keepers, or deputy, or other perfon or perfons, fhall neglect or refuse to make the returns aforefaid, or to bring the body or bodies of the prifoner or prifoners, according to the command of the faid writ, within the respective times aforefaid, or upon demand made by the prifoner, or any perfon in his behalf, fhall refufe to deliver, or within the space of fix hours after demand, fhall not deliver to the perfon fo demanding, a true copy of the warrant or warrants of commitment and detainer of such prifoner, which he and they are hereby required to deliver accordingly, all and every the head gaolers and keepers of fuch prifons, and fuch other perfon or perfons in whole cuftody the prifoner fhall be detained, fhall, for the first offence, forfeit to the prifoner or party grieved, the fum of one hundred pounds, and for the fecond offence, the fum of two hundred pounds, and fhall, if an officer, be, and is hereby made incapable to hold or execute his faid office; the faid penalties to be recovered by the prifoner or party grieved, his or her executors or administrators, against fuch offender, his executors or adminiftrators, by action of debt, fuit, bill, plaint or information, in any court of record, wherein no privilege, injunction or flay of profecution by non vult ulterius profequi, or otherwife, fhall be admitted or allowed, or any more than one imparlance; and any recovery or judgment, at the fuit of any party grieved, fhall be a fufficient conviction for the firft offence; and any after recovery or judgment, at a fuit of a party grieved, for any offence, after the firth judg inent, fhall be a fufficient conviction to bring the officers, or perfon or perfons, within the faid penalty for the fecond offence. but by a proper court, IV. And for prevention of unjust vexation by reiterated No perfon fet at Commitments for the fame offence; Be it further enacted large upon fuch writ, to be committed again by the authority aforefaid, That no perfon or perfons who habeas corpus, for the fame offence, fhall be delivered or fet at large upon any fhall, at any time thereafter, be again imprisoned or committed for the fame offence, by any perfon or perfons whatsoever, other than by the legal order and procefs of fuch court wherein he or they shall be bound by recognizance to appear, or other court having jurifdiction of the caufe; and if any other perfon or perfons fhall knowingly, contrary to this act, recommit or imprifon, or knowingly caufe or procure to be recommit ted or imprifoned, for the fame offence or pretended offence, any perfon or perfons delivered or fet at large as aforefaid, or be knowingly aiding or On forfeiture of 500l. aflifting therein, then he or they fhall forfeit to the prifoner or party grieved, the fum of five hundred pounds; any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforefaid. V. And be it further enacted by the authority aforesaid, That if any perfon or perfons fhall be committed for any treafon or felony, plainly and fpecially expreffed in the warrant of commitment, upon his prayer or petition in open court, the first week of the term, or firft day of the feffions of oyer and terminer or gaol delivery, to be brought to his trial, fhall not be indicted fome time in the next term, feffions of oyer and terminer or gaol delivery, after fuch commitment, it fhall and may be lawful to and for the juftices of the fupreme court and juftices of oyer and terminer, or gaol delivery, and they are hereby required, upon motion to them made in open court, the laft day of the term, feffions or gaol delivery, either by the prifoner or any one in his behalf, to fet at liberty the prifoner upon bail, unless it appear to the juftices, upon oath made, that the witne fles against the prifoner could not be produced the fame term, feffions or gaol delivery. And if any per fon or perfons, committed as aforefaid, upon his prayer or petition in open court, the first week of the term, or firft day of the feffions of oyer and terminer or gaol delivery, to be brought to his trial, fhall not be indicted and tried the fecond term, feflions of oyer and terminer, or gaol delivery, after h's commitment, or upon his trial fhall be acquitted, he fhall be discharged from his imprisonment, Provided always, That nothing in this act fhall extend to discharge out of prifon any perfon charged in debt or other action, or with process in any civil caufe, but that after he shall be discharged of his imprisonment for fuch his criminal offence, he fhall be kept in cuftody according to the law for fuch other fuit. rem ved but by habeas cefs. VI. And be it further enacted by the authority aforefaid, Criminals not to be That if any perfon or perfons, citizens of this ftate, fhall be corpus, or other pro- committed to any prifon, or in cuftody of any officer or officers whatfoever, for any criminal or fuppofed criminal matter, that the faid perfon fhall not be removed from the faid prison and cuftody, into the cuftody of any other officer or officers, unless it be by habeas corpus, or fome other legal writ or procefs, or where the prifoner is delivered to the conitable or other inferior officer, to carry fuch prifoner to fome common gaol, or where any person is fent, by order of any court or judge, or juftice of the peace, to any common work-house, or house of correction, or where the prifoner is removed from one prifon or place to another within the fame county, in order to his or her trial or discharge, in Except in cafes of due courfe of law; or in cafe of fudden fire or infection, fire, ntection, or or other neceflity; and if any perfon or perfons fhall, after Pertons making any fuch commitment aforefaid, make out and fign, or counthis act, to forfeit terfign any warrant or warrants, for fuch removal aforefaid, contrary to this act, as well he who makes or figns, or counterfigns fuch warrant or warrants, as the officer or officers who obey or execute the fame, fhall, for every offence, forfeit to the prifoner or party grieved, two hundred pounds, to be recovered in manner aforefaid, by the party grieved. other neceffity. warrant contrary to 2001. writs of habeas corpus or juftice denying VII. And be it further enacted by the authority aforefaid, Prifoners may obtain That it fhall and may be lawful to and for any prifoner and from the chancery or prifoners as aforefaid, to move for and obtain his or their fupreme court; habeas corpus, as well out of the court of chancery as out And the chancellor of the fupreme court; and if the chancellor, or any juftice fuch writ to forkit of the fupreme court for the time being, in the vacation time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that fuch copy or copies were denied as aforefaid, fhall deny any writ of habeas corpus by this act required to be granted, being moved for as aforefaid, they fhall feverally forfeit to the prifoner or party grieved, the fum of five hundred pounds, to be recovered in manner aforefaid. VIII. And for preventing illegal imprisonments of the citizens of this flate, in prifons out of this flate; Le it further enacled by the authority aforeNy citizen to be fent faid, That no citizen of this flate, who now is or hereaf proner out of this ter fhall be an inhabitant or refident within this state, shall or ftare, for any offence committed within the may be fent prifoner to any place whatsoever, out of this flate, for any crime or offence committed within this ftate, and that every fuch imprisonment is hereby enacted and adjudged to be illegal; and that if any of the faid citizens now is, or hereafter fhall be fo imprifoned, every fuch perfon and perfons fo imprifoned, fhall and may, for flate. ed to recover treble Perfons fo imprifon- every fuch imprisonment, maintain, by virtue of this act, cofts, befides dama- an action or actions of falfe imprisonment in any court of ges not lefs than 500l. record, against the perfon or perfons by whom he or she fhail be fo committed, detained, imprisoned, fent prifoner or tranfported, contrary to the true intent and meaning of this act, and against all or any perfon or perfons who fhall frame, contrive, write, feal, fign or counterfign, any warrant or writing for fuch commitment, actainer, imprisonment or transportation, or fhall be advifing, aiding or affiling in the fame, or any of them; and the plaintiff in every such action fhall have judgment to recover treble colts, befides damages, which damages fo to be given shall not be less than five hundred pounds; in which action no delay, ftay or ftop of proceeding, by rule, order or command, nor no injunction or privilege whatsoever, nor any more than one imparlance, fhall be allowed, excepting fuch rule of the court wherein the action fhall depend, made in open court, as fhall be thought, in julice, neceffary, for fpecial caufe to be expreffed in the faid rule. And the perfon or perfons, who fhall knowingly frame, contrive, write, feal, fign, or counterfign, any warrant for fuch commitment, detainer or transportation, or fhall to commit, detain, imprifon or tranfport, any perfon or perfons contrary to this act, or be any wife advifing, aiding or affitting therein, being lawfully convicted thereof, fhall be difabled from thenceforth to bear any office of truft or profit within this ftate, and fhall forfeit to the people of this ftate, all his goods and chattels, and the iffues and profits of his lands and tenements during his natural life. Provided always, That nothing in this act shall extend to give benefit to any person who fhall, by contract in writing, agree with any merchant or owner of any plantation, or other perfon whatfoever, to be tranfported to any place out of this ftate, or to any part beyond the feas, and receive earneft upon fuch agreement, although that afterwards fuch perfon fhall renounce fuch contract. Provided alfo, That if any perfon or perfons lawfully convicted of any felony, fhall, in open court, pray to be tranfported beyond the feas, and the court fhall think fit to leave him or them in prifon for that purpose, fuch perfon or perfons may be transported into any parts beyond the feas; this act, or any thing therein contained, to the contrary notwithstanding. Provided alfo, That if any perfon or perfons, at any time filing in this flate, refident in this ftate, fhall have committed, or be charged lony, or other high With having committed, any treafon, felony or other high mifdemea or, in any mifdemeanor, in any other of the United States of AnieStates, may be fent rica, where he or he ought to be tried for fuch offence, there for trial. fuch perfon or perfons may be fent to fuch place, there to receive fuch trial, in fuch manner as the fame might have been used before the making of this act; any thing herein contained to the contrary notwithflanding. But any perfon re and charged with fe other of the United IX. Provided alfo, and be it further enacted by the authority ofor faid, That no perfon or perfons fhall be fued, impleaded, molefted or troubled, for any offence againft this act, unless the party offending be fued or impleaded for the fame, within two years at moft after fuch time wherein the offence fhall be committed, in cafe the party grieved fhall not then be in prifon ; and if he or the fhall be in prifon, then within the fpace of two years after the deceafe of the perfon imprifoned, or his or her delivery out of prifon, which fhall firft happen. X. And be it further enacted by the authority aforefald, That if any information, fuit or action, fhall be brought or exhibited against any rerion or 127 perfons, for any offence committed, or to be committed against the form of this law, it fhall be lawful for fuch defendants to plead the general ifiue, that they are not guilty, or that they owe nothing, and to give luch special matter in evidence to the jury that fhall try the fame; which matter being pleaded, had been good and fufficient matter in law, to have discharged the faid defendant or defendants againit the faid information, fuit or action; and the faid matter shall be then as available to him or them, to all intents and purpoles, as if he or they had fufficiently pleaded, fet forth, or alledged the fame matter, in bar or discharge of fuch information, fuit or action. No perfon to be XI. And to the intent that no perfon may avoid his trial at the feffions of oyer and terminer, or gaol delivery, by procuring his removal before the fr ting of the fame court, at fuch time as he cannot be brought back to receive his trial there; Be it further enacted by the authority aforefaid, That after the feffions of oyer and terminer, or gaol delivery, proclaimed removed by babeas for that county where the prifoner is detained, no person fhall be removed from the common gaol upon any habeas county, but thall be Corpus granted in pursuance of this act; but upon any fuch earried to the circuit habeas corpus, fhall be brought before the juice or juftices of the circuit court, in open court, who is or are thereupon to do what to juflice fhall appertain. Provided, That after the feffions of oyer and terminer, or gaol delivery, are ended, any perfon or perfons detained may have his or their habeas corpus, according to the direction and intention corpus, atter feilions fourt. of this act. XII. And because oftentimes perfons charged with felony, or as acceffaries thereunto, are committed upon fufpicion only, whereupon they are bailable, or not, according as the circumftances making out that fufpicion, are more or less weighty, which are best known to the juflices of the peace who committed the perions, and have the examinations before them, or to other juftices of the peace in the county: Therefore, Be it further enacted by the authority aforefad, That where any person fhall appear to be committed by any judge or juftice of the peace, and charged as acceflary before the fact, to any felony, or upon fufpicion thereof, or with fufpicion of any felony, which felony fhall be plainly and fpecially charged in the warrant of commitment, that fuch perfons fhall not be removed or bailed by virtue of this act, or in any other manner than they might have been before the making of this act. CHA P. XLII. da ACT to regulate the Election of Charter Officers in the City of New Paffed 23d February, 1787. York. Ban enjoy the hereby enacted by the authority of the fame, E it enated by the people of the state of New-York, reprefented in fenate That the mayor, aldermen and commonalty of the city of New-York, in common council convened, fhall and may, on fuch day in the month of September, in every year hereafter, as to them fhall feem meet, at least eight days before the day of election of officers, to be chofen in and for the faid city, by virtue of the charter thereof, fix upon a proper place in each refpective ward, where fuch election fhall be held, and nominate and appoint a Stand difcreet perfon for each refpeétive ward in the faidcity, being a refident in the ward for which he fhall be fo appointed, and a freeholder there, or a freeman of the faid city, to prefide at, and be the inspector or returning officer, as well of the election of the faid officers to be chofen in the month of September, for the year next enfuing, to fee that the fame respective elections be fairly conducted and had, as for the election of fuch officers refpectively, as fhall be to be chofen in the fame year, to fill any vacancy or vacancies which, from time to time, fhall or may happen in any of the faid offices, by death, removal out of the faid city, refufal to ferve, or otherwife. And further, That in cafe any of the faid intpectors fhall die, remove out of the faid city, refufe to ferve, or be rendered incapable of attending any of the faid elections, before or on the day on which the fame is to be held; that then, and in fuch cafe, it fhall and may be lawful to and for the faid mayor, aldermen and commonalty of the city of New-York, in common council convened, or the major part of them, to appoint another fit and difereet perfon, being a refident in the ward in which fuch election fhall be to be held, and a freeholder there, or a freeman of the faid city, to be an inspector of the faid election, in the room and stead of the faid perfon fo dying, removing, refufing to ferve, or being rendered incapable of attending the laid election, and fo as often as fuch cafe fhall happen. And further, That each of the faid perfons fo to be, from time to time, nominated and appointed to be infpectors of the faid refpective elections, fhall appoint a perfon properly qualified, to act as clerk at the election to be held in their refpective wards, and fhall tender and adminifler to fuch clerk (who is hereby directed and required to take the fame) the following oath, to wit: I do folemnly and fincerely fwear and declare, in the prefence of Almighty God, That I will truly and impartially execute the truft repofed in me, as a clerk of this election, for the ward of the city of New-York, And fhall thereupon, in the prefence of the faid infpector, in a poll-book to be provided for the purpofe, fet down the name of each voter, and for whom he fhall vote, and whether he votes as a freeholder or freeman; which faid poll-book fhall, immediately after the clofing of the poll of every of the faid elections, be fubfcribed with the proper name and hand-writing of fuch inspector, and be by him delivered to the clerk of the faid city, or his deputy, to be by him delivered to the faid mayor, aldermen and commonalty of the city of New-York, in common council convened. And further, That the respective clerks of the faid elections, fhall be allowed the fum of fixteen fhillings for each election, to be paid by the faid mayor, aldermen and commonalty of the city of New-York. &c. of an alderman, choten. II. And be it further enacted by the authority cforefaid, In cafe of the death, That in cafe it fhall fo happen, that any of the aldermen, &c. how others to be affiftants, affeffors, collectors or conftables fo chofen, shal die, or remove out of the faid city, before the day by the faid charter appointed for the annual election of fuch officers, or, being duly elected, fhall refufe to ferve in the office to which he or they fhall refpectively be chofen; then, and in fuch cafe, it fhall and may be lawful to and for the faid mayor, alderinen and commonalty of the city of New-York, in common council convened, to order an election or elections to be held, to fill fuch vacancy or vacancies, and appoint a place in the respective wards, and the time (not lefs than five days previous to fuch intended election for holding the faid election, and to give notice thereof to the inspector of the ward in which fuch vacancy fhall happen, and fo as often as any fuch vacancy |