ceed upon the trial, the president of the senate for the time being, shall administer to each of the members of the said court then present, and the clerk of the said court shall at the same time also administer to the president an oath, or if of the people called Quakers, an affirmation, truly and impartially to try and determine the charge in question according to evidence; and the said court shall then proceed to hear try and determine the same, and may from time to time if necessary adjourn the said trial to any other time or place; and no member of the same court shall sit or give his vote upon such trial until he shall have taken the oath or affirmation aforesaid before the president of the senate for the time being: Provided always that no judgment or sentence of conviction shall be given against any person upon any impeachment, unless two third parts of the members of the said court then present Two-thirds shall assent to such judgment or sentence. And if two third parts of members the members then present shall not assent to a judgment or sentence of conviction, then and in such case the person so impeached shall be considered as acquitted from such impeachment; and no judgment or sentence of conviction upon any such impeachment shall extend further than to removal from office, and disqualification to hold or enjoy any place of honour trust or profit, under this State; but the party so convicted or acquitted shall be nevertheless liable and subject to indictment, trial, judgment and punishment, according to the laws of the land.

part of

present must agree

to a con

viction.

Extent of

judgment.

Power of

ing vested in the

assembly.

And be it further enacted by the authority aforesaid, That the power impeach of impeaching all officers of the State for mal and corrupt conduct in their respective offices be vested in the representatives of the people in assembly; but that it shall always be necessary that two third parts of the members present shall consent to and agree in such impeachment. And be it further enacted by the authority aforesaid, That when any impeached officer shall be so impeached as aforesaid he shall be and hereby is susfrom office. pended from exercising his office until his acquital: And if the president of the senate should at any time be impeached as aforesaid, notice thereof shall be immediately given by the assembly to the senate, that another president may be appointed.

Person

suspended

Errors happening in court of

supreme

court of admiralty to be redressed; proceed

ings on appeal from

supreme court.

And be it further enacted by the authority aforesaid, That all errors happening in the court of chancery the supreme court the court of chancery, probates, and the court of admiralty, except in cases of captures, shall court and be redressed and corrected by the court hereby instituted; and that it shall and be lawful as well for the attorney general in behalf of the may people of this State, as for any party plaintiff or demandant or defendant, tenant or vouchee, against whom any judgment hath been or may hereafter be given in the said supreme court, or their representatives who may be thereby aggrieved, to sue forth out of the court of chancery a writ of error to be directed to the judges of the supreme court for the time being, commanding them to cause the record of such judgment. and all things concerning the same to be brought before the president of the senate and the senators and chancellor, which writ of error if issued during the sitting of the legislature shall be made returnable at the place where the senate shall then sit, without delay; but if issued during the recess of the legislature, then such writ of error shall be made returnable at the next meeting of the senate, wheresoever the same shall then be; and the party prosecuting such writ of error, shall without delay cause a transcript of the said record to be made, and the said judges to whom such writ of error may be directed, or any one of them, shall within fifteen days after notice of the said writ of error, if the same be returnable without delay, or if otherwise, at the day of the return

thereof, annex the said transcript to the said writ of error, and indorse a proper return upon the same writ, and return the same: And the president of the senate for the time being, and the senators and chancellor, or the major part of them, shall have full power and authority, and hereby are authorized and required to examine all such errors as shall be assigned or found in such record or in any process or proceeding concerning the same, and to call upon the judges of the said supreme court to assign the reasons of such judgment, and thereupon to reverse or affirm the said judgment, and to give such other judgment therein as the law shall require; and shall then cause the said transcript of the record, with their judgment thereon, and all things concerning the same, to be remitted back into the said supreme court, where such further proceedings shall be thereupon, as well for the execution as otherwise, as may be agreeable to law and justice.

court not

case to be

And be it further enacted by the authority aforesaid, That if at the Where return of any such writ of error, or at any other time to which the same quorum of or the proceedings thereon shall be adjourned or continued, there should present, not be present a sufficient number of the members of the said court of adjourned. errors to proceed thereon, the said writ of error or the proceedings thereon, shall not be thereby abated or discontinued, but the members of the said court of errors then present shall in such case adjourn or continue the same to some further day: Provided always that no judg- No judg. ment shall be given, nor any rule or order made upon any such writ of ment to be error, or process or proceeding thereon; except for adjourning or con- when a tinuing the same, unless the president of the senate for the time being, not pres and the senators and chancellor, or the major part of them at the least, ent.' be present.

entered

quorum

peals from

chancery.

And be it further enacted by the authority aforesaid, That it shall and Proceedmay be lawful for all persons who are or may be aggrieved by any sen- ings on am tence judgment decree or order of the court of chancery, to appeal from court of the same or any part thereof to the president of the senate for the time being, and the senators and the judges of the supreme court; and the president of the senate and the senators and the judges of the supreme court for the time being, or the major part of them, shall have full power and authority, and hereby are authorized and required to call upon the chancellor to assign the reasons of such sentence judgment decree or order, and to examine hear and finally determine such appeal and all matters concerning the same, and to reverse affirm or alter such sentence judgment decree or order,.and to make such other order or decree thereon as equity and justice shall require, and thereupon to remit the same, with their judgment decree and order in the premises, and all things concerning the same, back into the said court of chancery, where such further proceeding shall be thereupon as well for execution as otherwise, as may be agreeable to equity and justice: Provided always, that all such appeals, except those from final decrees, be made within to be made fifteen days next after making the orders or decrees so appealed from. days. And be it further enacted by the authority aforesaid, That it shall and Proceedmay be lawful for all persons who are or may be aggrieved by any sen- peals from tence judgment decree or order of the court of probates, or of the court court of of admiralty, (except in the cases of captures) to appeal from the same, or court of or any part thereof, to the president of the senate for the time being, admiralty. and the senators chancellor and judges of the supreme court. And the president of the senate and the senators, the chancellor and the judges of the supreme court, or the major part of them, shall have full power and authority, and hereby are authorized and required, to examine hear, and finally determine all such appeals and all matters concerning the

Appeals

from order

in fifteen

ings on ap

probates

Time lim

ited in which ap

peal can be brought.

President

of senate

casting

same, and to reverse affirm or alter such sentence judgment decree or order, and to make such other order or decree therein, as equity and justice shall require; and thereupon to remit the same with their judgment decree and order in the premises, and all things concerning the same, back into the court so appealed from, where such further proceeding shall be thereupon as well for execution as otherwise, as may be agreeable to equity and justice: Provided always, that all such appeals from the said court of admiralty and from the said court of probates be made within fifteen days next after making or giving the sentence judgment decree or order so appealed from. And that all appeals from any sentence, judgment or decree heretofore made by the court of admiralty or court of probates, shall be made within six weeks after the passing of this act.

And be it further enacted by the authority aforesaid, That in all questions to have arising upon such writts of error and appeals, and the proceedings and judgments thereon, when the other members of the court then present shall be equally divided in opinion, the president of the senate for the time being, shall have a casting voice in the decision, but shall not vote in any other case whatever.

vote in case of ties.

Appeals from judg

And be it further enacted by the authority aforesaid, That all writs of ments and error upon judgments in the supreme court, and appeals from definitive sentences in the court of chancery heretofore given or made, or hereafter to be given or made, shall be brought within five years next after five years. rendering the judgment or making the decree, and not after.

definitive sentences to be

brought in

Writs of right; writs of grace.

And be it further enacted by the authority aforesaid, That writs of error in all civil cases, and criminal cases not capital, shall be considered as writs of right, and issue of course; and in all capital cases writs of error shall be considered as writs of grace, and shall not issue but by order of the chancellor for the time being, made upon motion or petition, notice whereof shall always be given to the attorney general for the time being or the prosecutor for the State.

Preamble.

Act referred to

tors and administrators.

CHAP. 12.

AN ACT to explain and amend the act entitled "An act relative to debts due to persons within the enemies lines" passed 12th July 1782.

PASSED the 24th of November, 1784.

WHEREAS doubts have arisen whether the said act doth extend to executors and administrators both of debtors and creditors, especially the executors and administrators of persons who have deceased since the passing of the said act.

Be it therefore enacted by the People of the State of New York repreextended sented in Senate and Assembly, and it is hereby enacted and declared by the to exccu- authority of the same, That the above said act doth extend to the executors and administrators of all such debtors and creditors as fully and absolutely as it would extend to their testators and intestates, were they in full life, and shall be so deemed, construed and taken to all intents constructions and purposes whatsoever both in law and equity. And whereas some of the creditors described in the fourth section of the before in part recited act, have withdrawn, or may hereafter withdraw themselves from this State, and thereby put it out of the power of

debtors

themselves

ment.

their debtors, (to whom the aforesaid act was intended to give relief) to cite them before any court of law in this State to have a settlement and make payment agreable to the mode prescribed in and by the said act. Be it therefore further enacted by the authority aforesaid, That it shall Where and may be lawful to and for such debtor or debtors as aforesaid, by have withadvertisement to be published for eight weeks successively in two of the drawn public news papers printed in this State, to notify and require such his, from the her or their absent creditor or creditors, to appear at a time and place State, they may be to be mentioned in such advertisement before some certain court of law cited before the in this State to have a settlement and payment made as aforesaid (which court by time shall not be less than eight kalender months from the first publica- advertisetion of such advertisement) and that such notification shall be deemed, taken and adjudged to be a sufficient citation to all intents and purposes, and shall have the same validity and effect, as if such creditor or creditors had been personally cited. Provided always that no such advertise- Proviso; ment or any proceeding thereon shall be deemed adjudged or taken to citation be good or effectual in the law, unless the debtor or debtors shall deemed pre- valid unviously have made an affidavit or affirmation (in cases where by law an less crediaffirmation is allowed) before one of the judges of the court of law tor makes before which the appearance of such creditor shall be required, that he the withverily believes that the creditor hath departed the State, or concealed the debtor. himself therein and that it is not in the power of such debtor or debtors personally to serve such creditor with a citation for his appearance which departure or concealment shall also be proved to the satisfaction of such judge by two witnesses. Provided also

that no

proof of

drawal of

certain

claiming

And be it further enacted by the authority aforesaid, That nothing in Proviso as this act, or the act hereby in part recited contained, shall affect, injure to rights of or take away, or be deemed or adjudged to extend to the claims rights persons. and interests of any legatee or other person legally entitled in his or her own right, to the personal estate of any testator or intestate, such legatee or legal representative not having remained or come, or by virtue of any law of this State been sent, within the power of the enemy during the late war; provided also that no person shall be allowed Proviso as the benefit of this proviso, unless he shall first have taken the oath of to those abjuration, and the oath of allegiance to this State, and shall have benefit of obtained a certificate signed by two reputable and well affected free- tion. holders of this State, one whereof shall be a judge of the inferior court of common pleas or mayors court, of the county or city in which the person named in such certificate shall reside, certifying, that he hath constantly and uniformly since the ninth day of July one thousand seven hundred and seventy six been well attached to the freedom and independence of the United States of America, and hath taken an active and decided part therein.

this sec

debts and

persons

And be it further enacted by the authority aforesaid, That in all cases, Assignwhere any debt, bill, or other obligation, mortgage, security or demand ments of whatsoever mentioned in the said herein in part recited act, shall have other oblibeen assigned since the time of the passing of the said act, or shall gation by hereafter be assigned to any person or persons whomsoever, by any per- wiemy son who has remained with, gone into, or was sent within the enemies lines lines during the said war; every such assignment shall be deemed and veid. adjudged fraudulent, and to have been made with intent to elude the

said

to receive payment from the debtor or his representative in the same her as the original obligee, mortgagee or creditor would have been

held to receive the same, had no assignment been made.

VOL. 2.4.

within the

deemed

Corporation not affected,

except as to assignments.

Act extend

to assignees and trus

tees of in

solvent debtors.

And be it further enacted by the authority aforesaid, That nothing in the aforesaid in part recited act, or this act, shall be deemed, taken or construed to prejudice or affect any corporation or body politic, except only with respect to assignments herein before mentioned and described.

And be it further enacted by the authority aforesaid, That the abovementioned act shall be construed to extend to the assignees or trustees of the estates of such persons who became insolvent debtors before the ninth day of July 1776, so far as relates to monies due to persons who remained within the British lines in this State.

Preamble;

of silver

mine in Westchester

county.

CHAP. 13.

AN ACT to exempt Ludewig Shoub and Peter Learman, and Jonas Denton and their respective heirs executors administrators & assigns from paying out any part or share of the produce of the mines therein mentioned.

PASSED the 24th of November, 1784.

WHEREAS Ludiwig Shoub and Peter Learman have by their petition discovery represented to the Legislature that they have discovered a mine in the manor of Courtlandt in West Chester County which may be so charged with silver as to be subject to the payment of a proportion thereof to the people of this State as sovereign thereof; and that if such proportion should be demanded it may not only take away any profit that may arise, but if there should not be a profit equal to such proportion it may prove ruinous to the workers, and the said petitioners have prayed that they and their assigns may by a law of this State be exempted for some certain period, from paying to the people of this State any part or proportion of the said mine.

Id.; Orange county.

Ludewig Shoub, et al., and

And whereas Jonas Denton of Goshen in Orange county hath by his petition represented to the legislature that he has discovered a mine on his own land in Orange county, which he conceives is so charged with silver as to be subject to the payment of a proportion thereof to the people of this State, and that if the same should be demanded, it would not only take away any profit that would arise, but if there should not be a profit equal to such proportion, it may prove ruinous to the workers, and the said Jonas Denton hath prayed that he and his assigns may by a law of this State be exempted for a certain period from the payment of any proportion of the said mine to the people of this State as sovereign thereof.

Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of Jonas Den- the same, that the said Ludewig Shoub and Peter Learman, and the said sole right Jonas Denton, and their several and respective heirs executors adminisof working trators and assigns shall be and hereby are exempted acquitted released for a fixed and discharged from paying or yielding to the people of this State as

ton given

said mines

period.

sovereign thereof, or to any commissioner agent collector or receiver for their use any part share royalty proportion or dividend whatsoever of the said mines so discovered by them the said Ludewig Shoub and Peter Learman, and Jonas Denton respectively, until the first day of May which will be in the year of our Lord one thousand seven hundred and ninety six.