for which the judgment is given is not there paid, then
they shall cause an entry to be made in the minutes of the
same court, purporting that such person is committed to
the gaol of the city and county of New-York, in execution
for the debt, damages and costs, or damages and costs,
or costs mentioned in such execution or judgment; and
cause a precept to be issued for conveying the person so
committed to the said gaol, which precept shall be deliver-
ed to one of the constables or marshals of the said city, who
shall thereupon convey the person so committed to the
gaol of the city and county of New-York, and there deliver
him, together with the same precept to the keeper of the
said gaol, who shall there receive and safely keep the per-
son so committed in execution in the said gaol, until he
shall be thence delivered by due course of law; and if No fuch dis
any person taken by virtue of such execution or warrant, arreft to re-
charge from
shall be discharged from such arrest by the said justices as leafe the debt.
aforesaid, such taking and discharge shall not operate as a
release or discharge of the debt or demand for which such
person was so taken, nor prevent any execution for the
same against the goods and chattels of the person so dis-
charged, nor shall the person who caused such execution or
warrant to be issued, or any person who shall execute the
same, be liable to any suit or damage on account of such dis-
charge; and in all cases where part of the debt, damages or
costs shall have been paid of levied, and any execution is
issued for the residue, such execution shall be only for the
sum remaining due, to which shall be added in the execu-
tion the words "being the residue of" the sum recovered
or adjudged, mentioning the amount thereof; and every
precept for conveying any person to the said gaol, who
shall be so committed, shall be in the following form:
"THE PEOPLE of the state of New-York, to the Form of com
constables and marshals of the city of New-York mitment in
and to the keeper of the gaol of the city and county of
New-York, and to each and every of them, greeting:
We command you the sail constables and marshals to con-
vey A B, to the said gaol, and there deliver him to the
keeper thereof; and we command you the said keeper
there to receive the said B, into your custody, and to
keep him safely in the said gaol in execution at the suit of
CD, for debt and damages and costs, [or, for

debt and
costs, or, for costs, (as the case may be]
until he shall be delivered by due course of law. Witness
(as in case of a summons)
And in all actions of debt, the interest due to the plain-
tiff, if any, shall be added to the costs of the suit, but the
debt, damages and interest, if any allowed, and costs, shall
be separately specified in the indorsement on the execu-
tion; and all process for summoning jurors to appear in
the said court, shall be in the following form:

Nor shall the perfon caufing be liable to a

fuch warrant

fuit.

execution.

Intereft to be added to the

cofts of fuit..

II. And be it further enacted, That no person empowered to administer oaths, shall demand or take any fee for administering the oath of allegiance or oaths of office to the members of the legislature, nor more than twenty-five cents for administering such oaths to any other officer.

III. And be it further enacted, That whenever the same person shall act as attorney and counsel, or as solicitor and counsel in the same cause, he shall not be entitled for the same service to fees both as counsel and attorney, or as counsel and solicitor, but shall be allowed the fees of counsel only, in the courts of common law and chancery, for the particular service done as counsel; and the fees of an attorney or solicitor only for the particular service done as attorney or solicitor, and shall not in any such case be allowed any fees for attending upon or consulting with counsel, or for any copies of papers, pleadings or records for counsel.

IV. And be it further enacted, That if any person shall knowingly or wilfully exact or compel any person to pay for any of the services aforesaid any other or greater fee, sum of money or reward than is herein before allowed for the same, every such person upon conviction thereof, either at the suit of the party grieved or upon information or indictment, shall pay to the party grieved treble damages, and such fine to the people of the state of New-York, as the court in which such conviction shall be had shall think proper to impose, and shall also if an officer forfeit and lose his office.

V. And be it further enacted, That all former acts regulating the fees of the said several officers and ministers of justice, shall be and the same are hereby repealed.

Clerk of the Exchequer

CHA P. IX.

An ACT for the better levying and accounting for Fines, Forfeitures, Issues, Amerciaments, and Debts due to the People of this State.t

II.

A

Passed 9th February, 1786.

ND be it further enacted by the authority aforesaid, That the justices of the supreme court for the time being, from time to time, when and as often as may be necessary, by rule or order, to be entered in the minutes of the said supreme court, shall nominate, and the chief

This act fo far as relates to the falary of the clerk of the exchequer was by miftake, omitted to be included in one of the revised bills, and that miftake not difcovered until after the first volume of the edition was printed. It is therefore inferted here with fo much of the 2d fection as was neceflary to make the 4th fection intelligible. E.

allowed, taxed or taken in any actions or proceedings, by virtue of this act, that is to say:

Fees to the said Justices, to be divided among them in man-
ner herein after mentioned.

For every summons or warrant, twelve cents.
For taking security of a defendant, twelve cents.
For every venire to summon a jury, twenty cents.
For a subpæna for each witness, six cents.
For administering an oath in court, six cents.
For swearing a jury, twenty cents.

For every judgment or conviction, twelve cents.
For every commitment, twelve cents.

For every execution, twenty cents.

For taking the acknowledgment of satisfaction of a judg

ment, six cents.

counted for

And the clerk of the said court shall receive the said To be receiv fees and account to the said justices for the same, at least edandar once in every month, and oftener if required by the said by the clerk. justices or a majority of them, and shall divide and pay the amount thereof to and among such of the said justices as shall have attended the said court during the time in which the said fees shall have been received, in proportion to the days each of them shall have attended the said court respectively during that period.

Fees to be taken by the Clerk of the said Court, to his own use,
For entering every action, six cents.

For entering the return of every summons, warrant, ör
execution, six cents.

For entering the substance of the plaintiff's charge or demand, upon the return of the process against the defendant when served, twelve cents.

For entering the substance of the defendant's plea, twelve cents; and if such charge, demand or plea is exhibited in writing, the same shall be filed in the office of the said

clerk.

For entering the commitment of any person, six cents.
For entering every judgment, ten cents.

For entering acknowledgment of satisfaction of a judg-
ment, six cents.

For copies of proceedings in the said court, when required, for every seventy-two words, ten cents.

For every search, six cents.

Fees to the Constables and Marshals.

For serving every summons, twelve cents.

For serving every warrant, twenty-five cents.

For taking a defendant into custody on a mittimus or com

mitment, twelve cents

For conveying a person to gaol, twelve cents.

For summoning a jury, forty cents.

For serving an execution for two and an half dollars, or

Clerk's fees.

Conftable's and marshal's fees.

Their duty.

In cafe of death or re

moval, others

ed.

then the aldermen of the two wards so joining, or if they disagree, the mayor or recorder with them shall direct and appoint which of the overseers shall take the care and charge of such well or pump; and if any public well or pump shall stand in a street where three wards do join, that then the aldermen of the said wards so joining, or the major part of them, shall direct and appoint which of the said overseers shall take the care and charge of such well or pump.

II. And be it further enacted by the authority aforesaid, That each and every person so to be appointed overseer as aforesaid, shall, within eight days next after his being so appointed, and notice thereof him given as aforesaid, cause all and every the wells and pumps whereof he is or shall be appointed overseer as aforesaid, to be viewed, examined, cleansed and put in good order and repair, and shall so keep and maintain them, from time to time, as long as he shall continue overseer thereof; and shall also, from time to time, cause new pumps to be put into such wells as the alderman and assistant of the ward shall judge necessary; and in case any one or more of the overseers to be appointed by virtue of this act shall remove out of to be appoint the said city, or shall die before the expiration of one year next after his being appointed, or being appointed shall refuse to act, that then and in either of the said cases it shall and may be lawful to and for the said mayor, recorder and aldermen of the said city, or any five of them, whereof the mayor or recorder to be one, by a majority of voices, to appoint another of others in his or their room To keep true and stead, and so as often as such case shall happen; And expenditures. further, That all and every the overseers to be appointed by the said mayor, recorder and aldermen, by virtue of this act, shall keep just, fair and exact accounts, of all and every sum and sums of money, which they or any of them shall pay and expend in, about and towards the cleansing, maintaining and keeping in good repair the wells and pumps in his or their charge.

accounts of

Penalty for neglect of duty.

III. And be it further enacted by the authority aforesaid, That in case any or either of the overseers so to be appointed by virtue of this act, shall neglect or refuse to accept the office, or having accepted thereof shall neglect or refuse to do his duty therein as is required by this act, every such person shall, for every such refusal, neglect or delay, forfeit the sum of five pounds, lawful money of this state, to be recovered by action of debt, with costs of suit, in any court within this state having cognizance thereof, by any person or persons who shall sue and prosecute the same to effect, one half of which forfeiture, when recovered, shall be paid to the treasurer or chamberlain of the said city for the time being, and applied towards repairing such public wells and pumps in the same

manner as the other monies to be raised for that purpose are directed to be appropriated, and the other half to the person who shall sue and prosecute for the same to effect as aforesaid.

months.

IV. And be it further enacted by the authority aforesaid, To account That the overseers of the public wells and pumps in each every three of the wards of the said city, shall once in every three months, render to the mayor, allermen and commonalty of the said city of New-York, in common council convened, a just and true account upon oath of all and every sum and sums of money by himfor them respectively paid and expended in and about the cleansing, amending and repairing the wells and pumps aforesaid, together with the vouchers or receipts for the same, to be by them inspected, examined and filed, and the said common coun

of the city of New-York shall thereupon forthwith issue their warrant to be signed by the mayor or recorder, presiding at such common council, directed to the treasurer or chamberlain of the said city for the time being, and requiring him to pay to such overseer so producing vouchers and making oath to his account, the full amount thereof out of any monies remaining in his hands for such purposes.

:

perfons mali

aging pumps,

&c.

V. And whereas divers disorderly persons have fre- Penalty on quently been guilty of cutting well-ropes and breaking cioufly damthe handles of pumps and doing other mischiefs to both For prevention whereof for the future, Be it further enacted by the authority aforesaid, That if any person or persons shall wilfully or maliciously cut any of the public well-ropes, or break or injure the handles of, or do any other hurt or damage to any of the said wells or pumps, and shall thereof be convicted before the mayor, recorder or any one of the aldermen of the said city, either by the confession of the party or parties so offending or by the oath of one or more credible witness or witnesses, he, she or they shall, for every such offence, forfeit the sum of forty shillings, to be recovered with costs of suit, and levied by warrant under the hand and seal of such mayor, recorder or alderman, before whom such offender or of fenders shall be convicted, one half of which forfeiture to be paid to the treasurer or chamberlain of the same city for the time being, to be applied as aforesaid, and the other half to the person or persons who shall prosecute for the same to effect; and upon refusal of payment of such forfeiture or forfeitures, and want of sufficient distress whereon the same can be levied, then the said mayor, recorder or alderman, before whom such conviction shall take place, is hereby empowered and required, by warrant under his hand and seal to commit every such offender to the bridewell or house of employment of the said city, there to remain without bail or mainprise for the space of