of St. Michael, the archangel. That the mayor, and any three or more "of the aldermen, and three or more of the affiftants, fhall be the common And that a court of common pleas fhall be held council of the faid city. "once every fortnight, for the faid city of Albany, before the mayor, re "corder and aldermen, or any three of them, whereof the mayor or recorAnd whereas the faid mayor, aldermen and commonalty "der to be one." have, by a deed under their common feal, furrendered and yielded up to the people of this ftate, the faid above mentioned and recited rights and privileges granted to them in and by the faid charter, of the mayor of the faid city, granting licences to tavern-keepers, and others as aforefaid, in any part of the county of Albany (the faid city of Albany only excepted) and of the mayor, being the coroner of the faid city and county of Albany, and alfo the right of regulating and exclufively enjoying the faid trade with the faid Indians, and alfo the right of electing the officers aforefaid, on the feast day of St. Michael, the archangel: And whereas the faid mayor, aldermen and commonalty of the faid city, have alfo, by their petition under their common feal as aforefaid, prayed to have certain,alterations made in the rights and privileges herein before recited, and not in and by the faid deed furrendered and yielded up; Therefore,

Surrender of certain

I. Be it enacted by the people of the fate of New-York, reprefented in fenalė and affembly, and it is hereby enacted by the authority of the fame, That the faid deed of the faid mayor, aldermen and commonalty of charter rights of the ci- the city of Albany, is hereby declared to be accepted; and ty of Albany accepted. that the faid rights and privileges of the mayor of the faid city, of granting licences to tavern-keepers and others as aforefaid (excepting only in the city of Albany) and of being coroner of the faid city and county of Albany, and alfo the right of regulating and carrying on the faid trade with the Indians, and alfo the right of electing the faid aldermen, affiftants and chamberlains, on the day aforefaid, refpectively granted in and by the faid charter of incorporation, fhall be, and the fame are hereby respectively abol ifhed, abrogated, annulled and made void; any thing in the faid charter contained to the contrary thereof in any wife notwithstanding,

ron officers to be on

II. And be it further enacled by the authority aforesaid, Election for corpora, That the election of the faid aldermen, affiftants and chamthe last Tuesday of Sep berlain, to be elected in pursuance of, and in virtue of the tember in every year. faid charter, fhall forever hereafter be held on the laft Tueiday of September, in every year; and that the faid aldermen, affiftants and chamberlain fhall, instead of taking the oaths of office pursuant to the directions of the faid charter, on the fourteenth day of October, in every year forever hereafter, take the faid oaths in the manner prefcribed in and by the faid charter, on the fecond Tuesday of October, in every year.

fence of the inayor,

council.

III. And be it further enadied by the authority aforesaid, Recorder in the ab That it fhall and may be lawful, when and as often as the may hold a common mayor of the faid city for the time being, fhall be fick, die or be abfent from the faid city, for the recorder of the faid city, to convene a common council for the faid city, and to hold the fame in the like manner, and with the fame number of aldermen and affiflants, as the mayor of the faid city, in and by the faid charter, is authorised and empowered to convene and hold the fame.

IV. And be it further enacted by the authority aforefaid, 'That in cafe of the fickness, death or abfence of the mayor and recorder, it fhall and may be lawful to and for any three of the aldermen of the faid city, to hold and

keep the court of common pleas established in and by the faid charter, in like manner as if the faid mayor or recorder were prefent in, and together with vo aldermen, held and kept the fame.

V. And be it further enacted by the authority aforefaid, That one of the Coroners to be appointed in and for the county of Albany, shall forever hereafter be a citizen of the faid city, and that fuch coroner fo being a citizen of the faid city, fhall be the fole coroner in and for the faid city.

Frovided always, That nothing in this act contained, fhall be conftrued to alter, change or abolish the right granted in and by the faid charter, to the mayor of the faid city, to grant licences to tavern-keepers, and others who fell liquors in the faid city, in the manner directed and declared in and by the faid charter, or to affect, alter, abridge or extend any right or privilege granted in and by the faid charter, other than thofe in and by this act particularly mentioned, as altered, abrogated or abolished,

CHA P. LXV,

A ACT for the Speedy Trial and Punishment of fuch Perfons as fhall commit any Offences under the Degree of Grand Larceny.

I.

Paffed 24th March, 1787.

1. BE it enacted by the people of the fate of New-York, represented in fendte

and affmbly, and it is hereby enacted by the authority of the fame, That every perfon who fhall, after the paffing of this act, be guilty of the felonious or fraudulent taking and carrying away of the meer perfonal goods of another, of the value of five pounds, lawful money of this ftate, or under (except in fuch cafes where the offence is or fhall be by law punishable with death) fhall be deemed and adjudged to be guilty of peity larceny only; and being thereof duly convicted, by verdict or confeflion, on indictment in the fupreme court, court of oyer and terminer or goal delivery, or court of general feffions of the peace, of the city or county in which fuch offence hall have been committed, fhali fuffer fuch corporal punishment (not extending to life or limb) as the fame court in which fuch conviction fhall take place, in their difcretion, fhall think proper to award; and if fuch corporal punifhment fhall be by whipping, it fhall not exceed thirty-nine lafhes in one day.

or goods by falfe pre

II. And whereas evil-difpofed perfons do frequently go to fhops, ftores and other places within this flate, and purchase, or take up monies, goods or merchandize of various kinds, in the name of other perfons, without their knowledge or confent; For prevention and punishment whereof, Be it further enafied by the authority aforefaid, That if any Obtaining monies perfon or perfons fhall, from and after the paffing of this tences, punished as act, knowingly and defignedly, by falfe pretence or prepetit larceny. tences,obtain from any other perfon or perfons,any monies, goods or merchandize, or other effects whatfoever, with intent to cheat or defraud fuch perfon or perfons of the fame, he, fhe or they fhall be deemed guilty of an offence against the people of this flate; and being thereof duly convicted, in manner aforefaid, in any of the courts aforefaid, fhall fuffer fuch punishment, as in cafes of petty larceny by this act is directed to be inflicted.

III. And whereas not only feveral diforderly perfons,inhabiting in the city and county of New-York, but many other vagrant and idle perfons, paffing the fame, from the neighbouring counties and flates, or elfe where, have often

committed divers mifdemeanors, breaches of the peace, and other criminal offences aforefaid, under the degree of grand larceny, and not being able to procure bail, to appear at the general feflions of the peace, then next to be held in and for the faid city and county, and having no fubflance of their own, have been a great expence to the inhabitants thereof, in maintaining them in the mean while in goal; for remedy whereof, Be it further enacted by the authority aforesaid, That every perfon who fhall, after the palling of this act, commit any of the offences in this act above-mentioned and defcribed, within the faid city and county of New-York, and who being ap prehended and brought before the mayor, recorder, or any one of the aldermen of the faid city, and charged on oath with having committed any of the offences aforefaid, fhall not forthwith give good and futficient bail for his or her appearance at the then next general feffions of the peace, to be held in and for the faid city and county of New-York, then and there to anfwer the offence or offences which he or she fhall be charged with, such perfon fo charged fhall be committed to the common goal of the faid city and county. And in cafe any perfon fhall be fo committed, and being kept in the faid gaol for the space of forty-eight hours from and after fuch commitment, fhall not give good and fufficient bail for his or her appearance at the then next general feffions of the peace, to be held in and for the faid city and county of New-York, then and there to answer for the offence or of fences wherewith he or fhe fhall be charged; then and in every fuch case, it fhall and may be lawful to and for the mayor, recorder and aldermen of the faid city for the time being, or any three of them, of whom the mayor or recorder to be one, forthwith to hear and determine the offence or offences committed by fuch offender as aforefaid. And the faid offender being convicted by confeffion, or the oath of one or more credible witness or witneffes, the faid mayor, recorder and aldermen, or the major part of fuch of them as do appear in fuch court, are hereby further authorifed and empowered to give judgment against the faid offender fo convicted as aforefaid, to have and receive fuch corporal punifhment (not extending to life or limb, nor exceeding thirty-nine lafhes in one day as aforefaid) as they, in their dif cretion, fhall think proper; and to be confined in the hot of employment or bridewell of the faid city, to be kept at hard labour therein, or at any, work or employment within any part of the faid city and county, for any longer or fhorter period, according to the nature of the offence; or either of the faid punishments, as in the judgment of the faid court, the nature of the offence, and character of the offender, fhall render proper. But that no perfon fhall be confined in manner aforefaid, by virtue of this act, for any term longer than fix months. And after the faid ofender fhall have received his or her punishment, being an inhabitant of the faid city and county, fhall be immediately difcharged without paying any fees; but not being fuch an inhabitant, he or she shall immediately be ordered or transported out of the faid city and county, to his or her laft place of fettlement or abode, if known. And if any perfon or perfons having been fo ordered or transported out of the faid city and county as aforefaid, fhall remain in the fame for the space of forty-eight hours, or return thereto within fix calendar months after fuch order or transportation, fuch perfon or perfons fo remaining or returning, fhall be forthwith apprehended, and again receive fuch corporal punishment (not extending to life or limb, nor exceeding thirty-nine lafhes in one day as aforefaid) or be confined in bridewell for fo long a time, not exceeding three months, as the faid mayor, recorder and aldermen, or any three of them, as aforefaid, in their difcretion, fhall order and direct.

IV. And be it further enacted by the authority aforefaid, That in order to carry the fentences or judgments of fuch refpective courts, of the mayor or recorder and aldermen, into immediate and effectual execution, it shall and may be lawful for the mayor or recorder, prefiding at fuch court, by warrant of order under his hand and feal, directed to the fheriff of fald city and county, to command the fame sheriff, and the fame fheriff is hereby directed and required, to caufe the fentences or judgments of fuch refpective courts, of the mayor or recorder, and aldermen, to be carried into effectual execu tion, at the time, and in the manner in the refpective warrants or orders to be fpecified, according to the true intent thereof: And the deputy sheriffs, constables and marshals, and every of them, are, by this act, commanded and required, from time to time, to aid and affift fuch fheriff, or deputy fheriffs, in the execution of such refpective warrants or orders.

V. And be it further enacted by the authority aforefaid, That the charges of profecuting and punishing every fuch offender as aforefaid, in the manner above mentioned, fhall be raised, levied and paid, in the fame manner, and at the fame time that money is raifed in the faid city and county, for the maintenance of the poor, and the other contingent expences arifing in the faid city and county; fo as the whole charge for profecuting and punishing each fuch offender, fhall not exceed the fum of twenty fhillings.

giving bail, to be tried

feffions.

VI. And be it further enacted by the authority aforesaid, Perfons accufed. and That if any perfon, who fhall be charged with an offence at the next general by this act, intended to be punished, and being apprehended for the fame, fhall, within the time allowed by this act for that purpose, give good and fufficient bail for his or her appearance at the then next general feffions 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 fuch cafe, the faid feffions fhall take cognizance of the fame; and on fuch offender being indicted and convicted, shall give fuch judgment, as the faid mayor, recorder and aldermen might have given, in cafe the faid offender had been tried and convicted by them, as before mentioned: Which faid judgment the faid court fhall caufe 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 offender fhall have received his or her punishment, he or fhe fhall be immediately discharged as aforefaid,

fuch offences in any

New-York, how to be

VII. And be it further enacted by the authority aforesaid, Perfons charged with That if any perfon fhall, after the paffing of this act, comother county than mit any of the offences in this act above mentioned and tried and punished. defcribed, within any of the counties of this ftate, and be apprehended and brought before any juftice of the peace of the faid county, and charged on oath with having perpetrated any of the offences aforefaid, and thereupon committed for the fame to the common gaol of the county, or to the cuftody of the conftable of the town or place where fuch offender shall be taken, and be kept in the faid gaol, or in the cuftody of fuch conftable as aforefaid, the full space of forty-eight hours, from and after fuch commitment, fhall not give good and fufficient bail for his or her appearance at the then next general feffions of the peace, to be held in and for the county where fuch offender fhall be in cuftody, then and there to answer the offence or offences wherewith he or she shall be charged as aforefaid, then and in such case, it fhall and may be lawful to and for the juftices of the peace who committed fuch offender, to certify the cause of fuch commitment to two other juftices of the peace in the faid county, and

require them, by virtue of this act, to affociate themfelves with him, which they are hereby required to do. And the faid juftices being met, are hereby authorised and empowered forthwith to hear and determine the offence or offences committed by fuch offender. And the faid offender being convicted by confeflion, or by oath of one or more credible witnefs or witneffes, the faid juftices, or any two of them agreeing, are hereby further authorised and empowered, to give judgment against the faid offender fo convicted as aforefaid, to have and receive fuch corporal punishment (not extending to life or limb, nor exceeding thirty-nine lathes in one day as aforefaid) as they, in their difcretion, fhall think proper; and by their warrant directed to the conflable of the town or place where fuch juftices fball hear and determine the faid offence or offences (who is hereby directed and required to execute the fame) fhall cause their faid judgment to be put in execution: And after fuch offender fhall have received his or her punishment, being an inhabitant of fuch county, thall be immediately difcharged without paying any fees; but not being fuch an inhabitant, he or fhe fhall be ordered or transported, by warrant from the faid juftices, to the place of his or her laft fettlement or abode, if known; which warrant the faid juftices are hereby empowed and directed to iffue. And further, That nothing in this act contained, fhall be conftrued to prevent the juflices from trying any fuch offender, in less than forty-eight hours, if he or fhe fhall require the fame. And further, That if any perfon having been fo ordered or transported out of fuch county, fhall remain in the fame county, for the space of forty-eight hours, or return thereto within fix calendar months after fuch order or tranfportation, fuch perfon fo remaining or returning, fhall be forthwith apprehended, and again receive fuch corporal punishment (not extending to life or limb, nor exceeding thirty-nine lafhes in one day as aforefaid) as three juflices of the peace in the fame county, affembled for that purpose, or any two of them, fhall, in their difcretion, think proper; and fo from time to time, as often as fuch perfon or perfons fhall fo remain or return.

VIII. And be it further enacted by the authority aforefald, That the charges of profecu.ing, punishing and transporting every fuch offender, fhall be defrayed by the refpective counties where the fame offence fhall happen, and fhall be railed, levied and paid in the fame manner, and at the fame time, that money is raised for the payment of the other contingent charges of fuch refpective counties, fo as the whole charges for each fuch offender, shall not exceed the fum of forty fhillings.

may impofe a fine

IX. And be it further enacted by the authority oforefaid, Juftices, or court, That the juftices, or court, before whom any perfon fhall inftead of corporal be convicted of any of the offences aforefaid, fhall be, and punishment. hereby are empowered, if they think it proper, in lieu of corporal punishment, to impofe a fine on fuch offender, not exceeding the fum of ten pounds; which fine, or fo much thereof as fhall be fufficient, fhall be applied towards the payment of the charges of the profecution, and the remainder, if any be, fhall be paid to the treasurer of the county where the fame fhall be impofed, for the use of the fame county; any thing in this act contained to the contrary notwithflanding.

X. Provided always, and be it farther enaded by the authority aforefaid, That the perfon or perfons from whom any monies, goods, merchandize or effects, fhall have been taken, or fraudulently obtained, contrary to the truc intent and meaning of this act, fhall have fuch remedy, by fuit at law therefore, as he, fhe or they might have had if this act had never been made; any thing herein contained to the contrary in any wife notwithstanding.