c. 2. 3 Fd. 1. c. 1. 34 Ed. S. c. 2. 36.Ed. 3.c.2.6. 23 H. 6. c. 13. 2. No pre-emp of market. He taken, raised, taxed, rated, imposed, paid or levied, for or in regard of any provision, carriages or purveyance for the chief magistrate or officer, or any other officer or officers for the time being, of this state, or of the United States, or for any 9.H. 3. C. 21. person or persons whomsoever; and that no person or persous, by any warrant, commission or authority, under the great 34. Ed. 1. st. 4. seal, or otherwise, by colour of buying or making provision or purveyance for the chief magistrate or officer, or any other officer, or officers for the time being, of this state, or of the United States, or for his, their or any of their household, or for any person 7. R. 2. c. 8. or persons whomsoever, shall take any timber, fuel, cattle, corn, grain, malt, hay, straw, victuals, cart, carriage, or other thing whatsoever, of any of the citizens of this state, without the free and full consent of the owner or owners thereof, had and obtained with- 34 Ed. L.st, 4. out menace or inforcement; nor shall summon, warn, take, use, 20. R. 2. c. 5. or require any of the said citizens to furnish or find any horses, 28. H. 6, c. 2. oxen or other cattle, carts, waggons, wains, or other carriages for the use of the chief magistrate or officer, or of any other officer or officers for the time being, of this state, or of the United States, or of any other person or persons whomsoever, for the carrying of his or their, or any of their goods, without such full and free consent as aforesaid. And further, That no pre-emption shall be al- tion to any lowed or claimed in the behalf of the chief magistrate or officer, one in or out or of any other officer or officers for the time being, of this state, or of the United States, or of any other person or persons whomsoever, in market or out of market; but that it shall be forever hereafter free to all and every of the citizens of this state, to sell, dispose or employ his and her goods to any other person or per sons, at his or her pleasure; any pretence of making provision or purveyance of victuals, carriages, or other things for the chief magistrate or officer, or other officer or officers for the time being, of this state,or of the United States, or for any other person or persons whomsoever, or any pretence of pre-emption in his, their or any or either of their behalfs notwithstanding; and if any person or persons shall, at any time hereafter, make provision or purveyance Any person making pur for the chief magistrate or officer, or any other officer or officers for the time being, of this state or of the United States, or for any shed. other person or persons whomsoever, or impress, or take any such carriages, or other things aforesaid, on any pretence or colour of any warrant aforesaid, under the great seal, or otherwise contrary to the intent of this act, it shall be lawful for the justices of the peace, or any one or more of them dwelling near, and the constables of such town or place where such occasions shall happen, at the request of the party grieved, and they are hereby enjoined, to commit, or cause to be committed the party or parties so doing and offending, to gaol, till the next general sessions, there to be indicted and proceeded against for the same; and that the officers and inhabitants of the said town or place where such offence shall happen, shall be assistant therein: And moreover, The par- Treble damaty grieved shall have his or her action or actions against such ty grieved. offender or offenders, and therein recover his or her treble damages and treble costs; in which action no aid-prayer, privilege, veyance pa Action not to be stayed but by writ of er ror. 12 Car. 2. c. 24. § 14. Attaints aboJished, sess. 11. C. 46. protection, imparlance, injunction, or order of restraint, shall be granted or allowed: And if any person or persons shall (after notice given that the action depending is grounded upon this statute) cause or procure any action at the common law, grounded on this statute, to be delayed or stayed before judgment, by colour or means of any order, injunction, power, warrant, or authority, save only of the court where such action shall be brought and depending; or after judgment had upon such action, shall cause or procure execution of such judgment to be stayed or delayed, by colour or means of any order, injunction, warrant, power or authority, save only by writ of error or attaint,* or order of such court where such writ of error or attaint shall be depending; that then the person so offending shall forfeit to the people of this state, all his or her goods and chattels, and the issues and profits of his or her lands and tenements during life. Plaintiffs to recover dam ages in all assizes, writs of entry and pos sessory ac tions. CHAP. III. An ACT for the Recovery of Damages in Writs of Assise and real Passed 26th January, 1787. [J.&V. v. 2. 4. Gr. v. 1. 292. K.&R. v. 1. 51. BE 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 in all assises, if judgment be given for the plaintiff, he or she shall recover his or her damages; and in all assises of novel disseisin and writs of entry, the demandants, if they recover the tenements demanded, shall also recover their damages against the disseissors: And if the disseisors alien the land, and have not whereof the damages may be levied, they to whose 6. Ed. 1. c. 51. hands such tenements shall come, shall be charged with the daEd 1. c. 5. 5. mages, so that every one shall answer for his or her time: And 1. R. 2. c. 9. further, That in all writs and actions possessory, whereby lands or tenements are demanded, damages shall be recovered as aforesaid. 6. Ed.1.c. 1.14. Westm. 2. 13 4. H. 4. c. 8. 13. El. c. 5. Right of 1 Crines 185. 6 John. Rep. 7 John. Rep. 247 278. CHAP. IV. An ACT concerning Dower. Passed 26th January, 1787. [V.&J. v. 2. 4.-Gr. v. 1. 292.-K.&R. v. 1. 51.] BE 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 a widow, after the death of her husband, shall give nothing for her dower, or her inheritance which her husband and she held at the day of the death of her husband; and she shall tarry in the chief house of her husband forty days after the death of her husband, or until her dower be assigned to her; and she shall have in the mean time her reasonable sustenance out of the estate of her husband; and for her dower shall be assigned unto her the third part of all the lands of her husband, which were bly, 1683, Oct. his at any time during the coverture. I John. Ca. 27. 2 John. Rep. 484. 9. H. 3. c. 7. 20.ii. 3. c. 20. Act of the Colonial General Assem. 30. |