If the debtor dies In execution, plaintiff

against his estate, &c.

XI. And be it further enacted by the authority aforefaid, may have execution That the party or parties at whofe fuit, or to whom any perfon doth or fhall ftand charged in execution, for any debt or damages recovered, his, her or their executors or adminiftrators may, after the death of the faid perfon fo 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 fuch manner and form, to all intents and purposes, as he, fhe or they, or any of them, might have had by the laws and ftatutes of this ftate, if fuch perfon fo deceased had never been taken or charged in execution; but no person or perfons, his, her or their executors or administrators, at whofe fuit or fuits any fuch party fhall be in execution, and die in execution, fhall have or take any new execution against any the lands, tenements or hereditaments of fuch party fo dying in execution, which fhall at any time after the judgment or judgments against fuch party fo dying, and by reafon whereof fuch 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 fhall be paid for the lands fo fold, either paid or fecured to be paid to any of his or her creditors, with their privity and confent, in difcharge of his, her or their due debts, or of fome part thereof; nor against any lands, tenements or hereditaments, of any fuch perfon fo dying in execution, which fhall have been fold by reafon of any other judgment against the said party fo dying in execution.

XII. And be it further enadied by the authority aforefaid, That if any perfon who is or fhall be committed in execution to any prifon,fhall escape from thence,by any ways or means howfoever,the creditor or creditors at whofe fuit fuch prifoner was charged in execution, at the time of his or her escape, fhall or may retake fuch prifoner, by any new capias, or capias ad fatisfaciendum, or fue forth any other kind of execution on the judgment, as if the body of fuch prifoner had never been taken in execution.

return of a habeascor

be remanded.

XIIL And be it further enacted by the authority aforefaid, If it appear upon the That if any perfon hath been,or fhall be condemned in any pus, that a pritoner is court of record, in this state, and hath been, or shall be, by in execution, he fail virtue of any fuch condemnation, committed to prifon, there to remain until he or she shall make fatisfaction to the party to whom he or she is or fhall be condemned, and any writ or writs hall be granted, commanding the fheriff, or keeper of the prison where fuch prifoner is holden, to have the body of fuch prifoner, with the caufe of his or her imprisonment, in the chancery, or in any other court, or before the chancellor, or before any judge or juftice, and it be returned upon the faid writ or writs, that fuch prifoner is condemned by judgment given against him or her, then, and in every fuch cafe, fuch prifoner fhall be immediately remanded, where he or fhe fhall remain continually in prifon, according to the law and cuflom of this ftate, without being let to go by bail or mainprife, against the will of the party to whom fuch prifoner is or fhall be condemned, until fatisfaction be made to him or her for the fum adjudged.

CHA P. LVII.

An ACT for granting and fecuring to John Fitch the fule Right and Advantage of making and employing, for a limited Time, the Steam-Boat by him lately invented. Paffed 19th March, 1787. HEREAS John Fitch, of Buck's county, in the fate of Pennsylvania, hath reprefented to the legiflature of this flate, that he hath conftruct

ed an easy and expeditious method of impelling boats through the water by the force of fleami, praying that an act may pals, granting to him, his executors, adminiftrators and affigns, the fole and exclufive right of making, employing and navigating all boats impelled by the force of fteam or fire, within the jurifdiétion of this ftate, 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 enacted by the people of the fate of New-York, reprefented in fenate. and affembly,and it is hereby enacted by the authority of the fame, That the faid John Fitch, his heirs, executors, adminiftrators and affigns, fhall be, and they are hereby vetted with the fole and exclufive right and privilege of conftructing, making, uting, employing and navigating all and every ipecies or kind of boats, or water craft, which may be urged or impelled through the water by the force of fire or fleam, in all creeks, rivers, bays and waters whatfoever, within the territory and jurifdiction of this flate, for and during the full end and term of fourteen years, from and after the prefent feffion of the legislature.

II. ind be it further enacled by the authority aforefaid, That if any perfon or perfons whomfoever, without being properly authorised by him the faid John Fitch, his heirs, executors or adminiftrators, fhall make, ufe, employ. or navigate any boat or water craft, which fhall or may be urged,impelled, forced or driven through the water by the force, power or agency of fire or fteam as aforefaid, within the territory or jurifdiction of this ftate, every perfon or perfons fo offending against the tenor, true intent and meaning of this act, for each and every tuch offence, fhall forfeit and pay unto the faid John Fitch, his heirs, exccutors or adminiftrators, or to fuch other person or perfons as he the faid John Fitch, his heirs or affigns, fhall authorife and empower for that purpose, the fum of one hundred pounds, to be recovered by action of debt, in any court of record within this ftate, wherein the fame may be cognizable, with cofts of fuit; and shall alfo forfeit to him the faid John Fitch, his heirs or aligns, all fuch boats or water craft, together with the fteam engine, and all the appurtenances thereof, to be recovered in manner aforefaid, with cofts of fuit.

III. Provided always, and be it further enacted by the authority aforesaid, That neither this act, nor any claufe, matter or thing therein contained, fhall be taken, deemed or conftrued to prohibit or prevent any person or perfons from making, ufing, employing or navigating, within this ftate,any. kind of boats or water craft, heretofore invented or hereafter to be invented, on any other principles, conftruction or model, which may be urged, impelled or driven along through the water, by any other power, force,agency or means, except fire or fleam.

I.

CHA P. LVIII.

An ACT for the better extinguishing of Fires in the City of New-York. Pafled 19th March, 1787. BE it enacted by the people of the fate of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful to and for the mayor, aldermen and com-` monalty of the city of New-York, in common council convened, or the major part of them, and they are hereby required, to nominate and appoint a fufficient number of ftrong, able, difcreet, honeft and fober men, willing

to accept, not exceeding three hundred in number, of the inhabitants, being freeholders or freemen of the faid city, to have the care, management, working and ufing the fire engines, and the other tools and inftruments now provided, or hereafter to be provided, for extinguishing of fires within the faid city; which perfons, fo to be nominated and appointed as aforefaid, shall be called, The Firemen of the City of New-York; and who, with the engineers of the fame 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 fame fire engines, and other the tools and inftruments aforefaid,fo provided and to be provided for extinguifhing of fires in the fame city.

II. And in order that the firemen fo to be nominated and appointed as aforefaid, may be diligent and vigilant in the execution of their duty; Be it further enacted by the authority aforefaid, That the perfons fo to be nominated and appointed firemen as aforefaid, and each and every of them, from time to time, during their continuance in that office, and no longer, fhall be, and hereby are declared to be freed, exempted and privileged from ferving in the office of conflable, and from being impanelled or returned upon any juries or inquefts, and of and from militia duty within the faid city, except in cafes of invafion, or other imminent danger; and that the names of all firemen, to be nominated and appointed by virtue of this act, fhall, from time to time, be registered and entered with the clerk of the peace of the faid city; and his certificate shall be fufficient evidence, in all courts and cafes, of tuch privilege and exemption. And further, That it fhall 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 remove and difplace all or any of the firemen now appointed, or fo as aforefaid to be nominated and appointed, by virtue of this act, when and as often as they fhall think fit, and others in the room or places of fuch as they fhall fo remove or difplace, to nominate and oppoint, and fo from time to time, as they the faid mayor, aldermen and commonalty of the faid city, in common council convened, or the major part of them, for the time being, fhall think proper.

III. And be it further enacted by the authority aforefaid, That it fhall 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, fuch rules, orders, ordinances and regulations, in refpect of the government, conduct, duty and behaviour of the perfons to be by them, from time to time, nominated and appointed firemen, in virtue of this act, in the working, managing and frequent exercifing, trying and ufing of the fame fire-engines, tools and other inftruments, and to impofe and effablifh fuch reasonable fines, penalties and forfeitures upon them, or any of them, for default or neglect of the duties and fervices 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, fhall, from time to time, think proper.

the

IV. And be it further enacted by the authority aforefaid, That upon breaking out of any fire within the faid city, the fheriff, deputy sheriffs, conftables and marshals (upon notice thereof) hall immediately repair to the place where fuch fire fhall happen, with their rods, flaves and other badges of authority, and be aiding and aflifting, as well in the extinguishing of the faid fires, and caufing the perfons attending the fame, to work, as in preventing any goods or household furniture from being flolen at fuch fires, and fhall feize and apprehend all ill-difpofed perfons whom they find flealing or

pilfering: And that the officers aforefaid fhall alfo give their utmost assistance to the inhabitants in removing and fecuring their faid goods and furniture; and in the execution of the duties required from them by this act, fhall, in all refpects, be obedient to the orders and directions of the mayor, recorder and aldermen of the faid city, or fuch of them as fhall, from time to time, be prefent at fuch fires.

V. And be it further enabled by the authority aforesaid, That it fhall and may be lawful to and for the mayor, aldermen and commonalty of the faid city, in common council convened, by a bye-law or bye-laws, ordinance or ordinances, by them for that purpose to be made and ordained, to direct and require the inhabitants, or owners of houfes and other buildings in the faid city, to furnish and provide themfelves with fuch and fo many fire-buckets, to be ready in their respective houfes and other buildings, for the purposes of extinguifhing fires which may happen in the faid city, and to impofe and efablish fuch reasonable fincs, penalties and forfeitures, for every neglect, default or difobedience thereof, as the faid mayor, aldermen and commonalty of the faid city, in common council convened, fhall think proper.

VI. And whereas the inhabitants of the faid city have, on all occafions of fire, not only cheerfully afforded their ready alitance in extinguifning the fame, but have alfo fent out their leather fire-buckets for that purpofe, many of which have, from time to time, been burnt, deftroyed or loft, for which no recompence or allowance hath been provided, which may prove a great difcouragement to owners of buckets in furnishing them on the like occasion for the future; for remedy whereof, Be it further enacted by the authority afirefd, That in cafe any perfon or perfons fhall hereafter lofe any bucket or buckets, at any fire which may happen in the faid city, and shall make proof before the mayor, recorder, or any one of the aldermen of the faid city for the time being, of the value of fuch bucket or buckets, and that the fame was or were actually loft or deftroyed in that fervice; that then, and in such case, the mayor, aldermen and commonalty of the faid city in common council convened, fhall, by warrant under the hand of the mayor or recorder, prefiding at fuch common council, directed to the treasurer or chamberlain of the faid city for the time being, order the value of fuch bucket or buckets to be paid to fuch perfon or perfons fo making proof of the lofs thereof, out of any monies remaining in his hands for the payment of the contingent expences arifing in the faid city. And if any perion or perfons fhali, at any time thereafter, be convicted of having taken a falfe oath touching the premifes, he, he or they fo offending, fhall incur the penalties, of wilful and corrupt perjury.

VII. Provided always, and be it further enadled by the authority aforefaid, That if any fach bucket or buckets fo proved to be loft as aforefaid, "shall afterwards happen to be found, the property thereof shall thenceforward be in the mayor, aldermen and commonalty of the city of New-York, unless the owner or owners thereof will take back the fame, and return the money. zilowed and paid to him or them for the lofs thereof.

CHAP. LIX.

An ACT for the more effectual Prefervation of the Public Wells and Pumps in. the City of New-York.

Paffed 19th March, 1787.

Wand pumps in the city of New-York, in conftant repair, hath contri

HEREAS it is found by experience, that the keeping the public wells

buted to the fafety of the faid city, against accidents by fire: Therefore,

pointoverfeersof pub

Tuesday in May.

1. Be it enacted by the people of the fate of New-York, reprefented in fenate, and affembly, and it is hereby enacted by the authority of the Jame, That iɛ fhall and may be lawful to and for the mayor, recorder and Mayor, recorder and aldermen to ap- aldermen, or any five of them, whereof the mayor or rea lic pumps and wells corder to be one, and they are hereby directed and requir yearly, on the first ed, on the firft Tuefday in May next, and on the firft Tuef day in May in every year thereafter, to nominate and appoint one or more fit perfon or perfons for each and every of the wards of the faid city, being inhabitants of the faid city, and actually refident in fuch refpective wards, to be overfeers of the wells and pumps in fuch refpective wards, for the year then next enfuing; all which perfons fo to be appointed as aforefaid, fhall have the care and charge of all and every the public wells and pumps which now are, or hereafter shall be funk or made in the ward for which he or they fhall be fo feverally appointed overfeers as aforefaid; of which appointment fo to be made, the faid mayor or recorder, with three or more aldermen, fhall, within three days thereafter, fend notice in writing to each and every of the faid perfons fo by them to be appointed overfceis as aforefaid. And if any public well or pump fhall fland in a fireet where two wards do join, then the aldermen of the two wards fo joining, or if they difagree, the mayor or recorder with them fhall direct and appoint which of the overfeers fhall take the care and charge of fuch well or pump. And if any public well or pump fhall stand in a street where three wards do join, that then the aldermen of the faid wards fo joining, or the major part of them, fhall direct and appoint which of the faid overfeers fhail take the care and charge of fuch well or pump.

In cafe of death or

II. And be it further enacted by the authority aforefaid, That each and every perfon fo to be appointed overfeer as aforefaid, fhall, within eight days next after his being fo appointed, and notice thereof to him given as aforefaid, caufe all and every the wells and pumps where of he is or thall be appointed overfeer as aforefaid, to be viewed, examined, cleanfed and put in good order and repair, and shall fo keep and maintain them, from time to time, as long as he hall continue overfeer thereof; and fhall alfo, from time to time, caufe new pumps to be put into fuch wells as the alderman and affiftant of the ward fhall judge neceflary. And in cafe any one or more of the overfeers to be appointed by virtue of this act, shall remove out removal, others to be of the faid city, or fhall die before the expiration of one year next after his being appointed, or being appointed, fhali refufe to act, that then, and in either of the faid cafes, it shall and may be lawful to and for the faid mayor, recorder and aldermen of the faid city, oz any five of them, whereof the mayor or recorder to be one, by a majority of voices, to appoint another or others in his or their room and flead, and fo as often as fuch cafe fhall happen. And further, That all and every the overfeers to be appointed by the faid mayor, recorder and aldermen, by virtue of this act, fhall keep juft, fair, and exact accounts, of all and every fum and fums of money, which they or any of thein fhall pay and expend, in, about and towards the cleanfing, maintaining and keeping in good repair the wells and pumps in his or their charge.

appointed.

III. And be it further enacted by the authority aforefaid, That in cafe any or either of the overfeers fo to be appointed by virtue of this act, fhall neg. lect or refute to accept the office, or having accepted thereof, fhall neglect or refufe to do his duty therein, as is required by this act, every fuch perfon thall, for every fuch refufal, neglect or delay, forfeit the fum of five pounds,