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21ure than his thare.
VII. And be it further endiled by the authority aforesaid, That in every writ of execution, hereafter to be issued against lands and tenements, the fheriff or other officer to whom such writ Mhall be directed, shall be commanded, that of the goods and chattels of the person or persons against whom such execution iilues, in his county or bailiwick, he cause to be made, the debt, damages and cofts, or sum of money in such execution specified ; and if sufficient goods and chattels of such person or persons cannot be found in his bailiwick or county, that then he cause the faid debt, damages and costs, or sum of money, to be made of the lands and tenements whereof fuch person or persons were or was seiled, on the day when the fame lands became liable to such debt, damages or fum of money, specifying the day particularly, or at any time afterwards, in whose hands soever the same may then be. But when any such execution shall be issued, against any person or persons, as tertenants, or as heirs or devisees of any perion deceafed, unless they shall have made their estate liable by false pleading or otherwiti', fuch writ shall only command the sheriff or other officer to whom the fame Thall be directed, that of the lands and tenements, whereof the ancestor, teltator or person deceased, was seifed on the day the same lands became liable as aforesaid, or at any time aferwards, or at the time of his or her death, as the case may require, he cause to be made, the debt, damages and costs, or sum of money in the same writ specified. And further, That where lands
or tenements, in the hands of several perfons, are or (hall Remedy where ever be liable to satisfy any judgment, or debt of recotd, and inent, and one pars the whole, or more than a due proportion shall be paid by,
or levied upon the lands of any one or more of them, the person or persons fo aggrieved, his, her or their executors or adminiftrators, may have a writ out of chancery, fetting forth his, her or their grievance, directed to the justices of the supreme court, commanding them to hear the complaint, and to do justice to the parties; and the justices of the supreme court shall thereupon cause the party or parties, against whom such complaint Mall be made, to be warned to be before them, at a certain day, to lieti, if he, fhe or they have any thing to fay, why his, her or their lands should not be charged with a due proportion of the monies so paid or levied; and it he, she or they do not come at the day, or do come and can iày nothing why his, her or their lands should not be charged with a due proportion of the monies fo paid or levied, then the sheriff of each county, in which such lands and tenements so chargeable, are or shall be fituated, shall be commanded, that by the oath of twelve good and lawful men of his county or bailiwick, he diligently inquire, what was the true value of the lands and renements in the hands of each of the parties respectively, in his county or bailiwick, fo chargeable, at the time they becaine chargeable as aforeraid; and that he send the inquisition which he shall take thereof, before the ime je ces, at a certain day, under his seal, and the seals of those by whole oati: he shall take such inquisition: And when the value of the whole lancis and telements fo chargeable shall be found, the jullices shall apportion the movey lo paid or levied, together with the plaintiff's damages and costs of fuit, among the several holders of the said lands and tenements fo chargeable, according to equity and juhice; and shall cause so much as each person ought to pay, to be levied of the said lands and tenements, fo held by him or her, and io be paid to the plaintiff or plaintiffs. And further, If any purchaser of any Remedy where pur- lands or tenements, upon any execution heretofore iflued,
or hereafter to be i sued, or his or her leirs or alligns, flia
ciafer un execuuun is cvicted
be evicted on account of any irregularity in the proceedings, or want of title in the perfon or persons against whom such execution issued, or by realon of any prior incumbrance, then, and in every such case, the person or persons to evicted, his, her or their executors or administrators, may have a writ out of the chancery, setting forth his, her or their grievance, directed to the justices of the supreme court, commanding them to hear the complaint, and to do justice to the parties, and the justices of the supreme court shall thereupon cause, as well the party or parties at whose luit, or for whose benefit the fame lands and tenements were sold, as the party against whom the execution if sued, or their respective heirs, devisees, executors or administrators, to be warned to be before them at a certain day, to lhew, if they or either of them have any thing to lay, why the plaintiff should not be restored to the monies paid for the said lands and tenements; and if they do not come at the day, or do come and can say nothing why the plaintiffshould not have reftitution of the said monies, the plaintiff shall have judgment and execution for the fame, together with his costs of fuit, againit him, her or them, who ought to repay the fame, and the party in whose favour such former judgment was had, or his heirs, devisees, executors or administrators, who may be charged by such judgment of restitution, shall thereupon have such further judgment and execution, as justice shall require.
VIII, and be it further enucled by the authority aforesaid, Ilow prifmers are That all prisoners, either upon contempt or mesne process, to be kept, si
or in execution, who are or shall be committed to any pri. fon, shall be actually detained within fuch prison, until they shall be from thence discharged by due course of law. And if at any time the keeper or keepers of any prison, shall permit or suffer any prisoner committed to his or their custody, either upon contempt or mesne process, or in execution, to go or to be at large, out of his or their respective prisons, except by virtue of some writ of habeas corpus, or rule of court (which rule of court shall not be granted, but on motion made, or petition read in open court) every such going or being out of the faid prison, shall be adjudged and deemed, and is hereby declared to be an escape.
IX. And be it further enacted by the authority aforesaid, Penalty on ficri That if any seriff or keeper of any prison, shall take any for voluntary efcapes.
fum of money, reward or gratuity whatsoever, or any fecurity for the fame, to procure, allitt, connive at, or perinit any escape of any prisoner in his or their custody, and Mall be thereof lawfully convicted, every such sheriff or keeper, shall, for every such offence, forfeit the sum of five hundred pounds, and luis faid office, and be for ever after incapable of executing any such office.
X. And be'il further enabied by the authority aforesaid, That fio re-taking on fresn pursuit, fhall be given in evidence on trial of any issue in any action of escape, against any sheriff, or keeper of any prison, unless the fame shall be specially pleaded; nor shall any special plea be taken, received or allowed, unless oath be made in writing by such sheriff, or keeper of any prison, against whoin such action shall be brought, and filed with such plea, that the prisoner for whose escape fuch action is brought, did, without his content, privity or knowledge, make fuch escape; and if such affidavit shall at any time afterwards appear to be false, and such sheriff, or keeper of any prison shall be convicted thereof, by due course of law, he shall forfeit the sum of five hundred pounds.
If the debtor dies XI. And be it further enacted by the authority aforefuid, in execution, plaintiff may have execution That the party or parties at whose fuit, or to whom any against his chate, &c.
person doth or shall stand charged in execution, for any
debt or damages recovered, his, her or their executors or adminiftrators may, after the death of the said person so charged and dying in execution, lawfully fue forth and have new execution against the goods and chattels, lands and tenements, or any of them, of the perion fo deceased, in such manner and form, to all intents and purposes, as he, she or they, or any of them, might have had by the laws and statutes of this state, if such person so deceased had never been taken or charged in execution ; but no person or perfons, his, her or their executors or adıninistrators, at whose fuit or suits any such party shall be in execution, and die in execution, shall have or take any new execution against any the lands, tenements or hereditaments of such party fo dying in execution, which shall at any time after the judg. ment or judgments against such party fo dying, and by reason whereof such party was taken or charged in execution, be by him or her fold bona fide, for the payment of any of his or her creditors, and the money which shall be paid for the lands fo sold, either paid or secured to be paid to any of his or her creditors, with their privity and consent, in discharge of his, her or their due debts, or of some part thereof; nor against any lands, tenements or hereditaments, of any fuch person fo dying in execution, which shall have been fold by reason of any other judginent against the faid party so dying in execution.
xi. And be it further enacted by the authority aforesaid, That if any perfon who is or shall be committed in execution to any prison, shall escape from thence,by any ways or means howsoever, the creditor or creditors at whose suit such prisoner was charged in execution, at the time of his or her escape, Thail or niay retake such prisoner, by any new capias, or capias ad fatisfaciendum, or sue forth any other kind of execution on the judgment, as if the body of such prisoner had never been taken in execution.
XIII. And be il further enabled by the authorily aforefirid, If it appear upon tlic That if any person hath been,or shall be condemned in any pus, that a pritong is court of record, in this state, and hath been, or shall be, by remanded. in feccutido lie snail virtue of any such condemnation, committed to prison,
there to remain until he or she shall make fatisfaction to the party to whom he or she is or shall be condemned, and any writ or writs fhall be granted, commanding the sheriff, or keeper of the prison where such prisoner is holden, to have the body of such prisoner, with the cause of his or her imprisonment, in the chancery, or in any other court, or before the chancellor, or before any judge or justice, and it be returned upon the faid writ or writs, that such prisoner is condemned by judgment given against him or her, then, and in every such case, such prisoner shall be immediately remanded, where he or she shall remain continually in prison, according to the law and custom of this state, without being let to go by bail or mainprise, against the will of the party to whom such pritoner is or shall be condemned, until satisfaction be made io hiin or her for the sum adjudged.
С НА Р. LVII. A. ACT for granting and securing to John Fitch the fole Right and sd'ant
age of making and enjoying, for a limited Time, the Steam-Bont by him latch inlented.
Palled 19th March, 1787. THEREAS John Fitch, of Buck's county, in the state of Pennsylvania,
hath represented to the legislature of this state, that he hath construct
ed an easy and expeditious method of impelling boats through the water by the force of steam, praying that an act may pals, granting to him, his executors, administrators and alligns, the fole and exclusive right of making, employing and navigating all boats impelled by the force of fteam or fire, within the jurisdiétion of this itate, for a limited time : Wherefore, in order to promote and encourage fo uteful an improvement and discovery, and as a reward for his ingenuity, application and diligence;
1. Be it endeled by the co-le of the fate of New-York, represented in senate and fanbly,and it is hereby enacted by the authority of the same, That the said John Fitch, his heirs, executors, administrators and aligns, shall be, and they are hereby vetted with the sole and exclufive right and privilege of constructing, making, uning, employing and navigating all and every species or kind of boats, or water craft, which may be urged or impelled through the waier by the force of fire or leam, in all creeks, rivers, bays and waters whatsoever, within the territory and jurisdiction of this state, for and during the full end and term of fourteen years, from and after the present session of the legislature.
II. sind be il further enacted by the authority aforesaid. That if any person or persons whomioever, without being properly authorised by him the faid John Fitch, his heirs, executors or administrators, shall make, ute, employ. or navigate any boat or water craft, which shall or may be urged,impelled, forced or driven through the water by the force, power or agency of fire or iteam as aforelaid, within the territory or jurisdiction of this ttare, every perfon or persons so offending against the tenor, true incent and meaning of this act, for each and every such offence, shall forfeit and pay unto the faid John Fitclı, his heirs, executors or adminiftrators, or to such other perlon or persons as he the said John Fitch, his heirs or assigns, shall authorile and empower for that purpose, the sum of one hundred pounds, to be recovered hy action of debt, in any court of record within this state, wherein the same may be cognizable, with costs of fuit; and shall also forfeit to him the said John Fitch, his heirs or aliigns, all such boats or water craft, together with the iteam engine, and all the appurtenances thereof, to be recovered in manner aforesaid, with costs of fuit.
III. Provided always, and be it further enucled by the authority aforesaid, That neither this act, nor any clause, matter or thing therein contained, shall be taken, deemed or construed to prohibit or prevent any person or perfons from making, using, employing or navigating, within this state any kind of boats or water craft, heretofore invented or hereafter to be invented, on any other principles, construction or model, which may be urged, impelled or driven along through the water, by any other power, force,agen-. cy or means, except fire or lleam.
С НА Р. LVIII. An ACT for the better extinguishing of Fires in the City of Aw-York.
Pafied 19th March, 1787. " BE
und allembly, and it is liereby enified by the authority of the same, That it shall and may be lawful to and for the mayor, alderinen and commonalıy of the city of New York, in common council convened, or the pajor part of them, and they are hereby required, to nominate and appoint a fufficient number of Irong, able, discreet, honest and tober men, willing
to accept, not exceeding three hundred in number, of the inhabitants, being freeholders or freemen of the said city, to have the care, management, working and using the fire engines, and the other tools and instruments now provided, or hereafter to be provided, for extinguishing of fires within the said city ; which persons, fo to be nominated and appointed as aforesaid, shall be called, The Firemen of the City of New-York; and who, with the engineers of the lame city, are hereby required and enjoined to be ready at all times, as well by night as by day, to manage, work and use the same fire engines, and other the tools and instruments aforesaid, so provided and to be provided for extinguishing of fires in the fame city.
II. And in order that the firemen fó to be nominated and appointed as aforesaid, may be diligent and vigilant in the execution of their duty; Be it further enaĉied by ihe authority aforesaid, That the perfons fo to be nominated and appointed firemen as aforesaid, and each and every of them, from time to time, during their continuance in that office, and no longer, shall be, and hereby are declared to be freed, exempted and privileged from serving in the office of constable, and from being impanelled or returned upon any juries or inquefts, and of and from militia duty within the said city, except in cales of invafion, or other imminent danger"; and that the names of all firemen, to be nominated and appointed by virtue of this act, shall, from time to time, be regiftered and entered with the clerk of the peace of the faid city ; and his certificate shall be sufficient evidence, in all courts and cases, of luch privilege and exemption. And further, That it shall and may be lawful to and for the mayor, aldermen and commonalty of the said city, in common council convened, or the major part of them, to remove and displace all or any of the firemen now appointed, or so as aforesaid to be nominaed and appointed, by virtue of this act, when and as often as they shall think fit, and others in the room or places of such as they shall so remove or displace, to nominate and oppoint, and so from time to time, as they the said mayor, aldermen and commonalty of the said city, in common council convened, or the major part of them, for the time being, shall think proper.
III. And be it further enacted by the authority aforesi.id, That it shall and may be lawful to and for the mayor, aldermen and commonalty of the faid city, in common council convened, or the major part of them, to make, establish and ordain, such rules, orders, ordinances and regulations, in respect of the government, conduct, duty and behaviour of the persons to be by them, from time to time, nominated and appointed firemen, in virtue of this act, in the working, managing and frequent exercising, trying and using of the same fire-engines, tools and other instruments, and to impose and estab-, lish such reasonable fines, penalties and forfeitures upon them, or any of them, for default or neglect of the duties and services thereby to be enjoined or required from them, as the mayor, aldermen and commonalty of the fame city, in common council convened, or the major part of them, shall, from time to time, think proper.
IV. sind be it further enacted by the authorily crorelaid, That upon the breaking out of any fire within the faid city, the Meriff, deputy sterifis, constables and marshals (upon notice thereof) İnall immediately repair to the place where such fire shall happen, with their rods, slaves and other badges of authority, and be aiding and aslifting, as well in the extinguishing of the faid fires, and causing the perfons attending the fame, to work, as in preventing any goods or houlehold furniture siom being itolen at fuch fires, and Thall seize and apprehend all ill-difpofed persons whom they find Realing or