CHA P. LXVI. A ACT for the more effectual Punishment of Persons who shall be guilty of WHEREAS evil-minded perfons have often broken, taken down or carried away, the glafs lamps hung out or fixed up before the dwelling-houfes of many of the inhabitants, and in the ftreets of the city of New-York, to iluminate the ftreets aforefaid, in the night time, or have extinguished the lights therein, and have also been guilty of breaking glafs windows, porches and knockers of doors in the faid city, and in the cities of Albany and Hudfon, and township of Shenectady, and of committing other trefpaffes and enormities, injurious to the property of the inhabitants, and to the disturbance of the peace in the faid refpective cities and township; For prevention whereof in future, 1. Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enaded by the authority of the fame, That if any perfon fhall, after the paffing of this act, wilfully break, take down or carry away, any glafs lamp already hung or fixed, or hereafter to be fo hung or fixed as aforesaid, in any of the ftreets of the faid cities or township, or extinguifh the lights therein, or be aiding or abetting in the fame, or fhall wilfully break or deface any glafs window, porch, knocker or other fixture, in any of the faid cities or townfhip, and fhall thereof be convicted, before the mayor, recorder or any one of the aldermen of the faid cities refpectively, or before any juftice of the peace refiding in the township aforefaid, either by the confeffion of the party, or by the oath of one or more credible witnefs or witneffes, he or she fhall, for every fuch offence, forfeit a fum not exceeding ten pounds, lawful money of this ftate; to be recovered with coils, and levied by diftrefs and fale of the goods and chattels of every fuch offender, by warrant under the hand and feal of fuch mayor, recorder, alderman, or juftice before whom fuch offender fhall be convicted; one moiety of which forfeiture, when recovered, to be paid to the treasurer or chamberlain of the faid cities refpectively, for the time being, to be applied for the purposes of providing new lamps, in the room of fuch as fhall be fo taken out or carried away, and for repairing fuch of them as fhall be broken or injured as aforefaid, and for the fupport and maintenance of the poor of fuch respective cities or townfhip, where fuch offences fhall be committed; and the other moiety of fuch forfeiture to be paid to the perfon or perfons who fhall profecute for the fame to effect. II. And be it further enacted by the authority aforefaid, That upon refufal of payment of fuch refpective forfeiture or forfeitures, and want of fufficient diftrefs whereon the fame can be levied, it fhall and may be lawful for fuch mayor, recorder, alderman or justice of the peace, before whom fuch conviction or convictions fhall take place, by warrant under his hand and feal, to commit every fuch offender, if convicted in the city of New-York, to the bridewell, or houfe of employment of the faid city; if convicted in the cities of Albany or Hudfon, to the common gaol of the fame cities refpectively; and if convicted in the township of Schenectady aforefaid, to the common gaol of the city and county of Albany; there to remain, without bail or mainprife, for the space of two months, or until fuch forfeiture and cofts are paid. And if any fuch offence fhall be committed by any apprentice, fervant or flave, fuch forfeiture shall be paid by his or her mafter, miftrefs or owner, or in default thereof, fuch apprentice, fervant or flave, shall be committed to fuch bridewell or gaol, in manner aforefaid. Offenders unknown, III. And whereas the mifchiefs aforefaid 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 rity aforesaid, That it fhall and may be lawful to and for any fheriff, deto be detained until puty fheriff, conftable, marshal or watchman of the faid their names are difco cities and township aforefaid, who fhall fee any person vered, or the next morning. commit any of the mischiefs or trefpafics, in either of the cities or the townfhip aforefaid, if fuch perfon or perfons fhall be unknown to fuch fherif, deputy fheriff, conftable, marfhal or watchman, to feize, fecure and detain fuch offender fo unknown to him as aforefaid, until he can difcover the name of fuch offender, or until the next morning, if the offence fhall be committed in the night time, and the offender fhall refufe to discover his or her name, when fuch offender shall be brought before the mayor, recorder or one of the aldermen of the faid cities refpectively, or juftice of the peace refiding in the township aforefaid, who, on conviction of fuch offender, fhall proceed against him or her in the manner herein before directed. And further, In cafe any perfon fhall commit any or either of the offences aforefaid, in the prefence of any fuch fheriff, depury fheriff, conftable, marfhal or watchman, that then every fuch fheriff, deputy fheriff, conftable, marfhal or watchman, fhall forthwith give information thereof to fuch mayor, recorder, alderman or juftice of the peace, in order that fuch offender may be convicted thereof, and punished in manner and form as by this act is directed. IV. And be it further enabled by the authority aforesaid, That this act, or any thing herein contained, fhall not bar or preclude any perfon or perfons from recovering his, her or their damages, against any other perfon or perfons, who fhall be guilty of any of the mifchiefs or trefpaffes aforefaid; but that the fame may be recovered in the fame manner, as if this act had never been paffed. V. And be it further enacted by the authority aforefaid, That every perfon who fhall or may be prefent when any of the mischiefs or trefpafies in this act mentioned, fhall be committed, fhall be deemed to be guilty thereof, and be fubject to the penalties inflicted by this act, although he or the shall not be aiding, abetting or affifting therein, unless fuch perfon fhall give evidence, whereby to convict the perfon or perfons really guilty thereof; or unless he or fhe fhall declare, upon oath, that he or he came there accidentally, and that he or she doth not know who the offender or offenders is or are. VI. And for the more eafy discovery and detection of fuch offenders; Be it further enacted by the authority aforefaid, That if two or more perfons fhall have been jointly concerned in committing any of the offences aforefaid, and one or more of them (not being before informed againit) fhall, within the space of one month after the offence committed, inform againit any, or all the other or others concerned in the fame offence, fo as to convict him, her or them, the perfon fo informing shall not be liable to the payment of the forfeiture herein before mentioned, but fhall, 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 wife notwithstanding. WH CHAP. LXIX. An ACT directing a Mode of Trial, and allowing of Divorces in Cafes of Adnkery. Pafied 30th March, 1787. 7HEREAS the laws at prefent in being within this flate, refpecting adultery, are very defective, and applications have, in confequence, been made to the legislature, praying their interpofition: And whereas it is thought more advicable for the legislature to make fome general provifion in fuch cafes, than to afford relief to individuals, upon their partial reprefentations, without a juft and confitutional trial of the facts: I. Be it therefore endled by the people of the fate of New-York, represented in fenate and affemlly, and it is hereby enafied by the authority of the fame, That it fhall and may be lawful, in all cafes of adultery that have already heen committed, or may hereafter be committed, where the parties are inhabitants of this ftate, for the party injured to exhibit or prefent a petition or bill to the chancellor of this flate for the time being, in chancery, fetting forth the adultery of which he or fhe complains. Whereupon a fubpoena, and other process fhall iffue, as in other caufes in the faid court, until the party complained of fhall appear and anfwer the allegations of the faid bill or petition, which answer fhall be received without oath; and if the party complained of fhall, by his or her anfwer, deny the fact or facts of adultery flated in the faid bill or petition, the chancellor fhall and may thereupon direst fuch proper iffue or iffues, as to him fhall feem expedient for trial of the fact or facts of adultery stated in the faid bill or petition, which ilue or iflus fhall be tried, either by a fpecial or common jury, before the judges of the fupreme court, or fome or one of them, at the bar of the faid court, or at any circuit court within this ftate, as the chancellor for the time being, fhall direct. But if the faid party complained of fhall not, in his or her faid anfwer, deny the allegations of the faid bill or petition, or if fuch proceedings fhall be had in the fame court of chancery, that the faid bill or petition ought, according to the course of that court, to be taken pro confeffo, then, and in either of the faid cafes, the chancellor fhall nevertheless direct proof to be made before one of the mafters of the faid court, of the facts ftated in the faid bill or petition, who fhall report the fame proofs, and his opinion thereon, to the chancellor, at fuch time as fhall be by the faid court of chancery for that purpose appointed. II. Adbe it further enacted by the authority aforefaid, That if by the verdict of a jury, upon trial of fuch iflue or iffues as aforefaid, it fhall appear or be found that the faid party complained againft was guilty of adultery, or if fufficient proof has been thereof had in the manner herein before prefcribed, where the fact or facts ftated in fuch bill or petition as aforefaid, have been confefled by the anfwer of the party complained againft, or ought, according to the courfe of the faid court of chancery, to be taken pro confeffo, then, and in any fuch cafe, the chancellor fhall and may proceed, by fentence or decree in the fame court, to pronounce the marriage between the faid parties to be diffolved, and both of them freed from the obligations of the fame: Provided, That fuch diflolution of fuch marriage, fhall in no wife affect the legitimacy of the children thereof. And the chancellor fhall and may thereupon take fuch order touching the care and maintenance of the children (if any there be) of that marriage, and alfo touching the maintenance of the wife, or any allowance to be made to her, and the fecurity to be given for the fame, as from the circumftances of the parties, and the nature of the cafe, may be proper and fufficient. lil. And be it further enalled by the authority aforefaid, That after the dif folution of any marriage has been pronounced by virtue of this act, it shall not be lawful for the party convicted of adultery, to re-marry any perfon whatsoever; and that every fuch re-marriage fhall be null and void; bur that the other party may make and complete another marriage, in like manner as if the party convicted was actually dead; any law, ufage or cuftom to the contrary thereof in any wife notwithstanding. CHAP. · LXXI. 6th feff. ch. 31. An ACT to repeal Part of an All, entitled, ‡ An Ali for granting a more effectual Relief, in Cafes of certain Trefpaffes. Pafled 4th April, 1787. E 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 fo much of the act aforefaid, as is contained in the words following, to wit: "And if any fuch action fhall be brought in any inferior court within this flate, the fame fhall be finally determined in fuch court; and every fuch "action fhall be confidered as a tranfitory action; that no defendant or defendants (hall be admitted to plead in juftification, any military order or "command whatever, of the enemy, for fuch occupancy, injury, deftruction, purchafe or receipt, nor to give the fame in evidence on the general iffue," be, and the fame is hereby repealed. CHA P. LXXII. An ACT for preventing Suits being brought in the Supreme Court, for any WHEREAS there now are, and long have been, courts of record in each of the refpective cities and counties of this ftate, where fuch as have occafion to fue for debts or wrongs, may, with fmall expence, receive juftice according to the merits of their caufes: And whereas the profecution of fuits in the fupreme court of this ftate, is neceffarily attended with great charge and trouble, as well as lofs of time to the fuitors, who in many in ftances live at places remote from the faid court; Therefore, he fhall pay costs to 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 if If the plaintiff does in any perfonal action or fuit already commenced, and now not recover above 201. depending, or hereafter to be commenced and profecuted the defendant. in the faid fupreme court, the plaintiff fhall not recover above the fum of twenty pounds, befides cofts, then, and in every fuch cafe, the plaintiff fhall not be entitled to, or recover any cofts of fuit, but fhall pay coils to the defendant, thereupon to be taxed; and the defendant fhall, in fuch cafe, have judgment and execution for fuch cofts, in the fame manner as if a verdict had been given for fuch defendant. And further,That if in any perfonal action or fuit already commenced, and now depending, or hereafter to be commenced and profecuted in the faid fupreme court, the plaintiff or plaintiffs fhall recover a judgment in fuch fuit or action, in his, her or their favour, for a debt or fum, which, exclufive of cofis, fhall be upwards of twenty pounds, and not exceed one hundred pounds, then, and in every fuch cafe, the plaintiff or plaintiffs fhall be entitled to, and recover no more or other cofts than he, fhe or they would have been entitled to, if fuch fuit or action had been commenced and determined in any mayor's court, or court of common pleas in this ftate. Provided always, That fuch cofts fhall not exceed the fum of ten pounds: And provided alfo, That in all cafes where any fuit or action commenced, in either of the mayor's courts, or courts of common pleas, hath been or shall be removed into the fupreme court, by or at the inftance of the defendant, if the plaintiff fhall obtain a judgment therein, for any fum exceeding ten pounds, befides cofts, then the plaintiff in every fuch cafe, fhall have and recover cofts of fuit in the faid fupreme court, together with the cofts in fuch mayor's court, or court of common pleas, including all fuch expences as the fame plaintiff shall have been put to in the profecution of fuch fuit. to be removed into the The demand does not exceed tool. II. And be it further enacted by the authority aforefaid, No perfonal action That no perfonal action or fuit now depending, or hereaf Supreme court, where ter to be commenced in any mayor's court, or court of common pleas in this ftate, upon any bond or fpecialty, or for any other matter, caufe or thing whatfoever, where the fum mentioned in the condition of fuch bond or fpecialty, with the intereft thereof, or the matter or thing in demand, fuit or controverfy, fhall not exceed the fum of one hundred pounds, current money of this ftate, shall be stayed or removed into the fupreme court, by any writ of habeas corpus, certiorari, or other writ or process whatsoever, other than writs of error or attaint. be received after in III. And be it further enacted by the authority aforefaid, No habeas corpus to That no writ or writs of habeas corpus, or any other writ terlocutory judgment, or writs, fued forth or to be fued forth, by any perfon or or a juror fworn to try the caufe. perfons whomfoever, out of the faid fupreme court, to remove any action, fuit, plaint or caufe, depending or to be depending in any mayor's court, or court of common pleas in this flate, fhall be received or allowed by the judge or judges, officer or officers, of the court wherein or to whom any fuch writ or writs fhall be directed or offered to be delivered; but that he and they fhall and may proceed in the faid caufe or caufes, as though no fuch writ or writs were fued forth or delivered to him or them, unless the faid writ or writs be delivered to the judge or judges, officer or officers, of the faid court, before any interlocutory or other judgment entered in the faid caufe, and before that the jury which is to try the caufe in queftion, between the party or parties plaintiffs, and the party or parties that fued forth the faid writ or writs, or for whose benefit the faid writ or writs is or fhall be fued forth, have appeared, and one of the said jury fworn to try the faid cause. removed after proce. dendo. IV. And be it further enadied by the authority aforesaid, No caufe to be again That if any action, fuit, bill, plaint or caufe, which is or fhall hereafter be brought, commenced or depending in any of the mayor's courts, or courts of common pleas in this flate, fhall be removed or flayed by any fuch writ or writs, or procefs, to be fued forth or out of the faid fupreme court, and the fame action, fuit, bill, plaint or caufe, fhall afterwards be remanded or fent back again, by any writ or writs of procedendo, or other writ whatfoever, that then the faid action, fuit, bill, plaint or caufe, fhall never afterwards be removed or flayed before judgment, by any writ or writs whatsoever, to be fued forth or out of the faid fupreme court. |