or bails, judgment or judgments, in the name or names of any other perfon or perfons not privy or confenting to the fame, and all and every perfon and perfons who shall, before any perfon or perfons authorifed to take bail or bails, reprefent or perfonate any other perfon or perfons, whereby the perfon or perfons, fo reprefented or perfonated, may be liable to the payment of any fum or fums of money, for debt or damages, to be recovered in the fame fuit or action wherein the perfon or perfons are reprefented or perfonated, as if he or they had really acknowledged and entered into the fame bail or bails, being lawfully convicted or attainted thereof, shall be adjudged guilty of felony. to attornies of judgment. II. Provided always, and be it further enacted by the au- Not to extend thority aforesaid, That this act fhall not extend to any record acjudgment or judgments acknowledged by any attorney knowledging or attornies of record, for any other perfon or perfons, against whom any fuch judgment or judgments thall be had or given. CHA P. XXII. An ACT to prevent stealing and avoiding Records. BE Paffed 7th February, 1788. to be adjudg edulity felony. OL E it enacted by the People of the State of New-York, Perfons fentrepresented in Senate and Assembly, and it is hereby ing recor enacted by the authority of the same, That if any record or parcel of the fame, writ, return, panel, procefs, or other proceeding in the court of chancery, fupreme court, exchequer, or in any other court of record, or in the office of the fecretary of this ftate, or in the office of the clerk of any city or county in this ftate, hath been or hereafter fhall be flolen, or willingly taken away, withdrawn or avoided, by any clerk, or by any other perfon, by reafon whereof any judgment fhall be reverfed, then every fuch ftealer, taker-away, with-drawer or avoider, their procurers, counfellors and abettors, being convicted or attainted thereof, according to the due course of law, fhall be adjudged guilty of felony. to extend to II. Provided always, and be it further enacted by the au- This ast not. thority aforesaid, That this act fhall not extend to any aments amendment cr entry made or to be made by any rule, order, judgment or decree of any court. or entries made by order of court. Servants in. trufted by their mafters, &c. with mo ney, goods, {teal them, Or embezzle phem, An ACT declaring it to be Felony in Servants to embezzle their Master's Goods. B Paffed 7th February, 1788. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That if any fervant to whom any money, goods or chattels heretofore have been, or hereafter fhall be, by his or her master or mifwith intent to trefs, delivered to be fafely kept, hath withdrawn himself or herfelf, from his or her faid mafter or mistress, and gone away, or hereafter fhall withdraw himself or herfelf from his or her faid mafter or miftrefs, and go away with the faid money, goods or chattels, or any part thereof, to the intent to fteal the fame, and defraud his or her faid mafter or miftrefs thereof, contrary to the truft and confidence in him or her repofed, by his or her faid master or mistress; or being in the fervice of his or her faid mafter or mistrefs, without affent or commandment of his or her faid mafter or mistress, hath embezzled, or fhall embezzle the fame money, goods or chattels, or any part thereof, or otherwife hath converted, or fhall convert the fame to his or her own ufe, with like To the value purpose to steal the fame, then, and in every fuch case, if the faid money, goods or chattels, that any fuch fervant hath gone away with, or fhall go away with, or guilty of felo which fuch fervant hath embezzled or fhall embezzle, with purpofe to fteal the fame as aforefaid, be of the value of twenty fhillings, or above; the fame falfe, fraudulent and untrue act or demeanor, fhall be adjudged Not to extend felony. But this act fhall not extend to any apprentice, to apprentices nor to any perfon within the age of eighteen years, der 18 years going away with the goods or chattels of his or her mafter or miftrefs, or otherwife converting the fame to his or her own ufe, during the time of his or her apprenticefhip, or being within the age of eighteen years; and every apprentice, and every other perfon under the age of eighteen years, doing or offending contrary to this act, fhall ftand, and be in like cafe as if this act had not been made. of 20s. or above, to be adjudged ny. or perfous un of age. An ACT to restrain all persons from marrying, until their former Wives and former Husbands be dead. BE Paffed 7th February, 1788. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby lives of their enacted by the authority of the same, That if any perfon Perfons marrying others, during the huf of felony. ders fhall be tried. this act dees or perfons being married, or who hereafter fhall marry, former h do at any time marry any perfon or perfons, the former wives, guilty hufband or wife being alive, then every fuch offence shall be felony; and the party and parties fo offending, fhall where offenreceive fuch and the like proceedings, trial, judgment and execution, in the county where fuch perfon or perfons fhall be apprehended, as if the offence had been committed in the fame county where fuch perfon or perfons fhall be taken or apprehended; but neither this act, To what cafes nor any thing therein contained, fhall extend to any not extend. perfon or perfons whofe husband or wife fhall be continually remaining without the United States of America, by the fpace of five years together, or whofe husband or wife fhall have abfented him or herself the one from the other by the space of five years together, the one of them not knowing the other to be living within that time; nor to any perfon or perfons who are, or fhall be, at the time of fuch marriage, divorced by the fentence or decree of any court having cognizance thereof; nor to any perfon or perfons where the former marriage hath been, or fhall be, by the fentence or decree of any fuch court, declared to be void and of no effect; nor to any perfon or perfons for or by reafon of any former marriage had or made, or to be had or made within the age of confent. CHAP. XXXI. An ACT for apprehending and punishing disorderly Persons.. Paffed 9th February, 1789. I. E it enacted by the People of the State of New-York, who are to be deemed diforderly acted by the authority of the same, That all perfons who perfons; On conviction to be committed to bridewall or houfe of correction. Offenders, un ishment be otherwife committed to any city or town; and all perfons wandering abroad and lodging in taverns, beer-houfes, out-houses, marketplaces, or barns, or in the open air, and not giving a good account of themselves, and all perfons wandering abroad and begging, and all idle perfons not having visible means of livelihood, and all common prostitutes, fhall be deemed and adjudged diforderly perfons; and it fhall and may be lawful for any justice of the peace to commit fuch diforderly perfons (being thereof convicted before him, by his own view, or by the confeffion of fuch offenders, refpectively, or by the oath of one or more credible witnefs or witneffes) to the bridewell or houfe of correction, of fuch city or town, there to be kept at hard labour, for any time not exceeding fixty days, or until the next general feffions of the peace to be holden in and for the city or county in which fuch offence fhall happen. II. And whereas doubts have arifen and hereafter may arife, where authority is given to any juftice or juftices. of the peace to commit offenders to the bridewell or houfe of correction for offences cognizable before them out of the general feffions of the peace, how long offenders may be there detained, and in what manner treated, where the time and manner of their punishment is not by law exprefsly directed, limited or appointed; Therefore, Be it further enacted by the authority aforesaid, That is the pun- where any offenders fhall be committed as aforefaid by virtue of any law now in being, or hereafter to be made, limited, to be other than in cafes of petit larceny, and the time and manuntil the next ner of their punishment is not exprefsly limited, directed and appointed, the faid juftice or juftices fhall commit fuch offender to the bridewell or houfe of correction, there to be kept to hard labour until the next general feffions of the peace, or until difcharged by a due courfe of law; and it fhall and may be lawful for two juftices (of whom the juftice who committed fuch offender to be one) to discharge fuch offender before the said general feffions of the peace, if they shall fee caufe; and if he or fhe fhall not be fo difcharged, the faid general feffions of the peace may either difcharge him or her, or continue him or her in cuftody for fuch time as they shall see fit, not exceeding fix months. fellions of the peace: May be dif charged by two juftices, And feffions may di charge or contime them for fix months Seffiona may at hard labor, and order them to be corrected. III. And be it further enacted by the authority aforesaid, adjudge them That where any offender againft this act fhall be comdforderl&mitted, as aforefaid, to the bridewell or houfe of correcfor fix months tion, there to remain until the next general feffions of the peace; and the juftices at fuch feffions fhall, on examination of the circumftances of the cafe, adjudge fuch perfon to be a diforderly perfon within the intent and meaning of this act, they may, if they think convenient, order fuch diforderly perfon to be detained and kept in the faid bridewell or houfe of correction to hard labour, for any further time not exceeding fix months; and during the time of fuch confinement, to be corrected by whipping, in fuch manner and at fuch times and places, as, according to the nature of fuch perfon's offence, they in their difcretion fhall think fit. out as fer IV. And be it further enacted by the authority aforesaid, Seffions may That where any perfon offending against this act, fhall place ther have been committed, as aforefaid, to the bridewell or vants, &c. houfe of correction, there to remain until the next general feffions of the peace, if upon the examination of the perfon fo committed as aforefaid, the laft legal place of fettlement of fuch perfon cannot be found, the juftice fhall, at the faid general feffions, order fuch perfons to be detained and employed in the bridewell, or houfe of correction, until they can provide for themselves, or until the juftices of the peace at their next general feffions of the peace, can place them out in fome lawful calling, as fervants, apprentices, mariners or otherwife; which the faid general feffions of the peace are hereby empowered to do, in fuch manner as they fhall think fit. houles of cor V. And be it further enacted by the authority aforesaid, where gaols That the feveral gaols in the refpective cities and coun- to be ufed as ties in this ftate, in which no bridewell, or houfe of rection. correction, is or fhall be built, fhall be used and confidered as houfes of correction for all or any of the purpofes in and by this act directed, with refpect to houfes of correction and the government thereof, until there fhall be fuch houfe or houfes of correction built as aforefaid; and the keepers of the respective gaols, for the time being, or fuch perfons as they refpectively fhall appoint, fhall be masters or keepers of fuch gaols as houses of correction, as aforefaid, and fhall have the fame authority, and be under the fame regulations, as in this act are before given and provided, refpecting houfes of correction; and all and every perfon and perfons ordered to be fent to a houfe of correction, according to this act, fhall be fent to and received in fuch gaols refpectively, and there be kept, taken care of and governed, according to the directions of this act, until fuch houfe or houfes of correction fhall be provided as aforefaid. lunatics, or VI. And whereas there are fometimes perfons, who by lunacy or otherwife, are furiously mad, or are so far difordered in their fenfes that they may be dangerous to be permitted to go abroad; Therefore, Be it further enacted Two juņties by the authority aforesaid, That it fhail and may be law- my order ful for any two or more juftices of the peace, where m perfons, fuch lunatic or mad perfon fhall be found, by warrant under their hands and feals, directed to the conftables and overfeers of the poor of the city or town, or fome of them, to caufe fuch perfon to be apprehended and kept fafely locked up in fome fecure place within fuck to be confined. |