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IV. And be it further enated by the authority aforesaid, That in order to carry the sentences or judgments of such respective courts, of the mayor or recorder and aldermen, into immediate and effttual execution, it shall and may be lawful for the mayor or recorder, presiding at such court, by warrant or order under his hand and feat, directed to the sheriff of said city and county, to command the same meriff, and the same sheriff is hereby directed and required, to cause the sentences or judgments of such respective courts, of the niayor or recorder, and aldermen, to be carried into effectual execuition, at the time, and in the manner in the respective warrants or orders to be speciñed, according to the true intent thereof: And the deputy sheriffs, constables and marshals
, and every of them, are, by this act, coinmanded and required, from time to time, to aid and allit such sheriff
, or deputy Theriffs, in the execution of such respective warrants or orders.
V. And be it further enabied by the authority aforesaid, That the charges of profecuting and punishing every such offender as aforesaid, in the manner above mentioned, mall be raised, levied and paid, in the same manner, and at the same time that money is raised in the said city and county, for de maintenance of the poor, and the other contingent expences arising in the faid city and county ; fo as the whole charge for prosecuting and punishing each such offender, shall not exceed the fun of iweniy shillings.
VI. And be it further enacted by the authority aforefuid, Persons accused, and That if any person, who shall be charged with an offence the next general by this act, intended to be punished, and being apprehended
for the same, shall, within the time allowed by this act for that purpose, give good and sufficient bail for his or her appearance at the then next general sellions of the peace, to be held in and for the faid city and county, then and there to answer the offence or offences he or she shall be charged with, then and in such case, the faid fesfions shall take cognizance of the faine ; and on such offender being indicted and convicted, shall give such judgırent, as the said mayor, recorder and aldermen inight have given, in calè the faid offender had been tried and convicted by them, as before mentioned : Which said judgment the faid court shall cauie to be put in execution, by order, under the hand of the clerk of the fame court, in like manner, as the judgment of the mayor, recorder and aldermen, is directed to be executed. And after the ofiender shall have received his or her punisoment, he or she shall be immediately discharged as aforesaid,
VII. And be it further engeled by the authority aforesaid, Per comentarged willy That if any person shall, after the passing of this act, com. other county than mit any of the offences in this act above mentioned and tried and punished.
described, within any of the counties of this state, and be
apprehended and brought before any justice of the peace of the said county, and charged on oath with having perpetrated any of the offencés aforesaid, and thereupon committed for the same to the common gaol of the county, or to the custody of the constable of the town or place where such offender shall be taken, and be kept in the said gaol, or in the cullody of such constable as aforesaid, the full space of forty-eight hours, from and after such commitment, shall not give good and fufficient bail for his or her appearance at the then next general sessions of the peace, to be held in and for the county where such offender shall be in custody, then and there to answer the offence or offences wherewith he or she shall be charged as aforesaid, then and in such case, it shall and may be lawful to and for the justices of the peace who committed such offender, to certify the cause of such commitment to two other juftices of the peace in the faid county, and
New York, how to be
rcquire them, by virtue of this act, to associate themelves with hiin, which they are hereby required to do. And the said justices being met, are hereby authorised and empowered forth with to hear and determine the offence or offences committed by fuch offender. And the said offender being convicted by confeßion, or by oath of one or more credible witness or witnesses, the said justices, or any two of them agreeing, are hereby further authorised and empowered, to give judgment against the suid offender fo convicted as a forefaid, to have and receive fuch corporal punishment (not extending to life or limb, nor exceeding thirty-nine lashes in one day as aforesaid) as they, in their discretion, shall think proper ; and by their warrant directed to the constable of the town or place where such justices shall hear and determine the said offence or offences (who is hereby directed and required to execute the same) Thall cause their faid judgment to be put in execution : And afier such offender shall have received his or her punishment, being an inhabitant of such county, Ball be immediately discharged without paying any fees ; but not being such an inhabitant, he or she shall be ordered or transported, by warrant from the said justices, to the place of liis or her last settlement or abode, if known; which warrant the said justices are hereby empowed and directed to issue. And further, That nothing in this act contained, Mall be construed to prevent the jullices from trying any such offender, in less than forty-eight hours, if he or she fhul sequire the fine. And further, That if any person having been so ordered or transported out of such courty, Mall remain in the same county, for the space of forty-eiglit hours, or return thereto within fix calendar months after such order or transportation, such perfon so remaining or returning, Dall be forthwith apprehended, and again receive such corporal punishment (not extending to life or limb, nor exceeding thirty-nine lahes in one day as aforesaid) as three jullices of the peace in the same county, asembled for that purpolé, or any two of thein, Buall, in their discretion, think proper; and fo from time to time, as often as such person or persons Mall to remain or return.
VIII. And bc it further enucled by the author/Varehuil, That the charges of prosecu ing, puniihing and transporting every such vilinder, snall be de: frayed by the reípective counties where the fame of ace all happen, ant shall be 'raited, levied and paid in the same manner, and at the time time, ihat money is nised for the payinent of the other coningent charges of such respective counties, so as the whole charges for each such offender, shall not exceed the sum of forty Millings.
IX. And be it further endly ine culorily foreid, Jurtices comite That the justices, or court, berote whom any person thall intcad of corporal be convicted of any of the oficnces afsreiaid, shall be, and punistunent.
hereby are empowered, if they think it proper, in lieu of corporal punishment, to impose a fine on such offender, not exceeding the fum of ten pounds; which fine, or so much thereof as shall be sufficient, thall be applied iowards the payment of the charges of the prosecution, and the remainder, if any be, shall be paid to the treasurer of the county where the fame shall be imposed, for the use of the fame county; any thing in this act contained to the contrary notwithstanding.
X. Provided always, and le it further endly the authority aforallid, That the person or persons from whom any monies, goods, merchandize or effects, shall have been taken, or fraudulently obtained, contrary to the true intent and meaning of this act, fall have such remedy, by suit at law therefore, as he, she or they might have had if this act had never been made; any thing herein contained to the contrary in any wise notwithstanding.
CH A P. LXVI. A: ACT for the more effeâual Punihment of Persons who shall be guilty of
the Tre/publes therein mentioned, in the Cities of New-York, Albany and Hudor, and the Town hip of Scheneday.
Palled 24th March, 1787. WH HEREA S evil-minded persons have often broken, taken down or
carried away, the glass lamps hung out or fixed up before the dwelling-house's of many of the inhabitants, and in the streets of the city of New-York, to illuminate the streets aforesaid, in the night time, or have extinguished the lights therein, and have also been guilty of breaking glass windows, porches and knockers of doors in the said city, and in the cities of Albany and Hudson, and township of Shenectady, and of committing other trespasses and enormities, injurious to the property of the inhabitants, and to the disturbance of the peace in the said respe&tive cities and township; For prevention whereof in future,
1. Be it enabled by the people of the fate of New-York, represented in senate and afembly, and it is hereby enaded by the authority of the fame, That if any person shall, afier the passing of this a&, wilfully break, take down or carry away, any glas lamp already hung or fixed, or hereafter to be so hung or fixed as aforesaid, in any of the streets of the said cities or township, or extinguish the lights therein, or be aiding or abetting in the same, or Thall wilfully break or deface any glass window, porch, knocker or other fixture, in any of the said cities or township, and all thereof be convicted, before the mayor, recorder or any one of the aldermen of the said cities respect. ively, or before any julice of the peace residing in the township aforesaid, either by the confellion of the party, or by the oath of one or more credible witness or witnesses, he or Me shall, for every such offence, forfeit a sum nou exceeding ten pounds, lawful money of this state ; to be recovered with coils, and levied by distress and sale of the goods and chattels of every such ofinder, by warrant under tlie hand and seal of such mayor, recorder, alderm.in, or justice before whom such offender shall be convicted; one moiety of which forfeiture, when recovered, to be paid to the treasurer or chamberlain of the said cities respectively, for the time being, to be applied for the purposes of providing new lamps, in the room of such as shall be so taken out or carried away, and for repairing such of them as shall be broken or injured as aforesaid, and for the support and maintenance of the poor of such respective cities or township, where such offences shall be committed ; and the other moiety of fuch forfeiture to be paid to the person or persons who mall profecute for the same to effe&t.
II. And be it further enaded by the authority aforefaid, That upon refusal of payment of such respective forfeiture or forfeitures, and want of sufficiene distress whereon the same can be levied, it shall and may be lawful for such mayor, recorder, alderman or justice of the peace, before whom such conviction or convictions shall take place, by warrant under his hand and feal, to commit every such ofiender, if convicted in the city of New York, to the bride well, or house of employment of the said city; if convicted in the cities of Albany or Hudson, to the common gaol of the fame cities respectively; and if convicted in the township of Schenectady aforesaid, to the common gaol of the city and county of Albany; there to remain, without bail or mainprise, for the space of two months, or until such forfeiture and costs are paid. And if any such offence shall be committed by any apprentice, servant or lave, such forfeiture shall be paid by his or her master, mistress or owner,
or in default thereof, such apprentice, servant or slave, shall be committed to such bride well or gaol, in manner aforesaid.
III. And whereas the mischiefs aforesaid are generally committed in the night time, when the offenders cannot be eafily known; in order, therefore, to carry this act into effect, Be it further enacted by the auth wisy aforesaid,
That it shall and may be lawful to and for any sheriil, deto be detained until puty Sheriff, constable, marshal or watchman of the said their names are difcor cities and township aforesaid, who mall see any perlon wecording of the next commit any of the mischiefs or trespatics, in either of the
cities or the township aforesaid, if such person or persons shall be unknown to such sheriff, deputy sheriff
, contable, marshal or watchman, to seize, secure and detain such offender so unknown to him as aforefaid, until he can discover the name of such offender, or until the next morning, if the offence shall be committed in the night time, and the offender Thall refuse to discover his or her name, when such offender shall be brought before the mayor, recorder or one of the aldermen of the said cities respectively, or justice of the peace residing in the township aforesaid, who, on conviction of such offender, shall proceed against him or her in the manner herein before directed. And further, In cate any person shall cominit any or either of the offences aforesaid, in the presence of any such sheriff, depury sneriff
, conftable, marshal or watchman, that then every such sheriff, deputy sheriff, constable, marshal or watchman, shall forthwith give information thereof to such mayor, recorder, alderman or justice of the peace, in order that such offender may be convicted thereof, and punished in manner and form as by this act is directed.
IV. And be it further enafied by the authority aforcfuid, That this act, or any thing herein contained, shall not bar or preclude any person or persons from recovering liis, her or their damages, against any other person or perfons, who shall be guilty of any of the mischiess or trespafies aforesaid ; but that the fame may be recovered in the same inanner, as if this act had never been paffed.
V. And be it further enabled by the authority afurcsaid, That every serion who shall or may be present when any of the mischiefs or trespafies in this act inentioned, shall be committed, shall be deemed to be guilty thertof, and be subject to the penalties inflicted by this act, although he or she shail not be aiding, abetting or assisting therein, unless such person shall give evi. dence, whereby to convict the person or persons really guilty thereof; or unless he or she hall declare, upon oath, that he or she came there accidentally, and that he or she doth not know who the offender or offenders is or are,
VI. And for the more easy discovery and detection of such offenders; Be il further enacted by the authorily aforeluid, That if two or more persons ihall have been jointly concerned in committing any of the offences aforeSaid, and one or more of them (not being before informed against) mail, within the space of one month after the offence committed, informn again! any, or all the other or others concerned in the same offence, so as to convict him, her or them, the person so informing shall not be liable to the payment of the forfeiture herein before mentioned, bat shall, notwithstanding his or her offence, be entitled to the reward herein before allowed to informers; any thing herein before contained to the contrary thereof in any wie notwithstanding
CH A P. LXIX. † AN ACT dcelinge 110cc of Trial, and alioning of Divorces in Cafes of oldbery.
Pafied 30th March, 1787. W
adultery, are very defective, and applications have, in consequence, been made to the legislature, praying their interpofition: And whereas it is thought more adviseable for the legislature to make some general provision in such cases, than to a?ord relief to individuals, upon their partial reprefentations, without a just and confitutional țial of the facts:
I. Be it therefore creded by the people of the flac of Neu-Vork, represented in finite ard zemlly, and ii is hereby enaced by the authori'y of thc fumes That it shall and may be lawful, in all cases of adultery that have already heon committed, or inay hereafter be committed, where the parties are inhabitants of this state, for the party injured to exhibit or present a peticion or bill to the chancellor of this itate for the time being, in cliancery, setting forth the adultery of which he or she complains. Whereupon a subpoena, and other proces Mall issue, as in other causes in the said court, until the party complained of shall appear and answer the allegations of the laid bill or petition, which answer shall be received without oath; and if the party complained of all, by his or her answer, deny the fact or facts of adultery fiated in the said bill or petition, the chancellor shall and may thereupon di
. redt fich proper issue or iflues, as to him shall seem expedient for trial of the fact or facts of adultery stated in the said bill or petition, which illue or itiues shall be tried, either by a special or common jury, before the judges of the supreme court, or some or one of them, at the bar of the said court, or at any circuit court within this state, as the chancellor for the time being, fail direct. But if the said party complained of shall not, in his or her faid answer, deny the allegations of the said bill or petition, or ii fuch proceedings fall be lead in the fame court of chancery, that the said bill or petition ought, according to the course of that court, to be taken pro confefto, then, and in either of the faid cases, the chancellor shall nevertheless direct proofto be made before one of the masters of the said court, of the facts ítated in the faid bill or petition, who fail report the same proofs, and his opinion thereon, to the chancellor, at fi:ch ti ne as fall be by the said court of chancery for that purpose appointed.
II. d. dhe il further enacted by the authority aforesaid, That is by the verdict of a jury, upon trial of such iflue or issues as aforesaid, it hall appear of be found that the said party complained against was guilty of adultery, or if fufficient proof has been thereot had in the manner herein before prescribed, where the fact or facts stated in such bill or petition as aforesaid, have been confessed by the answer of the party coinplained against, or ought, according to the course of the faid court of chancery, to be taken pro confesio, ilen, and in any such case, the chancellor shall and may proceed, by fentence or decree in the same court, to pronounce the marriage between the said parties to be dissolved, and both of them freed from the obligations of the faine: Provided, That sich diiloluion of such marriage, shall in no wife affect the legitimacy of the children thereof. And the chancellor shall and may thereupon take such order touching the care and maintenance of the children (if any there be) of that marriage, and also touching the maintenance of the wisc, or any allowance to be made to her, and the security to be given for the fame, as from the circumstances of the parties, and the nature of the cak, may be prefer and fufficient.