Commiffionersto give

feeds to veft the pur

with all the effatesand interefts of the peo

the forfeited lands.

LII. And be it further enacted by the authority aforefaid chafers and their heirs That fuch deeds and conveyances fhall be given by the faid commiffioner or commiflioners of forfeitures, for all forfeited ple of the ftate, to lands, tenements and hereditaments to be fold by virtue of this act, as will veft the purchaser or purchasers, his, her or their heirs and affigns, with all and fingular the eftates, rights and interefts held by the people of this state, in, and to fuch lands, tenements and hereditaments previous to fuch fale,

Powers of the comWeitern district, may be exercifed by a majority of them.

miners for the

All former powers

granted to the com

miffioners, repealed.

LIII. And be it further enacted by the authority aforefaid, That all and fingular the powers and authorities hereby vefted in the faid commiffioners of forfeitures for the Weftern diftrict, fhall, to all intents, conftructions and purpofes in the law whatsoever, be exercised and executed by the faid commiffioners, or a major part of them.

LIV. And be it further enacted by the authority aforefaid, That all and fingular the powers and authorities granted to any commiffioner or commiffioners of forfeitures by virtue of a law of this ftate, entitled, † An act for the forfeiture +3d feff. ch. 25. and fale of the eftates of perfons who have adhered to the enemics of this state, and for declaring the fovereignty of the people of this state, in respect to all property within the fame, paffed the 22d day of October, 1779, and all other laws of this ftate, touching the powers given to the commiffioners of forfeitures, paffed prior to the first day of January kaft, fhall be, and the fame, and every of them, are hereby repealed, annulled and made void; any thing in the faid laws, or any, or either of them, contained, to the contrary thereof in any wife notwithstanding.

tions have been re

carried into execu

tion.

LV. Provided nevertheless, and it is hereby enacted and Except where loca declared by the authority aforefaid, That in all and every ceived, and are not Cafe and cafes wherein the commiflioners of forfeitures appointed by virtue of the faid laws, or any or either of them, have received any location or locations for the fale of any forfeited lands, tenements or hereditaments, made in conformity to any law or laws of this ftate, which was or were in force at and immediately before the time of the paffing of this act, the faid commiffioners fhall be, and hereby are authorifed to carry the fales upon fuch location and locations, and each and every of them, into full and complete execution, to all intents, conftructions and purpoles whatsoever in the law, as if this law had not pafled; any thing herein contained to the contrary in any wife notwithstanding,

[The 56th and 57th fections of this act are obfolete.]

LVIII. And whereas by an act, entitled, ‡ An act to ap7th feff. ch. 12. propriate certain buildings to public ufes, palled at this prefent meeting of the legiflature, a certain house and lot of ground fituate in the weft ward of the city of New-York, and vefted in the people of this flate by attainder of William Axtell, Efquire, late a member of the council of the king of Great-Britain, for the late colony of New-York, was fet apart for the ufe of the fecretary of this flate, and as a depofit for the public records thereof: And by virtue of the faid act, the dwelling-house and lot or toft of ground, with the appurtenances, in the eaft ward of the faid city, late in the Ordered to be fold, Occupation of || Henry White, Efquire, late a member of 9th ffl.ch. 58. fec.16. the faid council, and vefted in the people of this ftate by the attainder of the faid Henry White, has been fet apart for the refidence of his excellency the governor; Be it therefore farther chatted by the auth. by of e

tereceive locationson,

appropriated to the

Commiffioners not faid, That the commiffioners of forfeitures for the fouthern For fell the buildings diftrict of this state, are hereby inhibited from receiving any location on either of the faid two dwelling-houfes or lots of ground, and from making any fale thereof, or of either of them; but the fame are hereby declared to be referved for the ufes aforefaid, until the further order of the legislature.

ufe of the governor and fecretary.

ང་

LAWS of the State of NEW-YORK, Paffed in the Eighth Seffion of the Legislature, held at the City of New-York.

CHA P. XI.

An ACT inftituting a Court for the Trial of Impeachments and the Correction of Errors.

WHERE

Paffed 23d November, 1784. THEREAS by the conftitution of this ftate, it is ordained, That a court shall be inftituted for the trial of impeachments, and the correction of errors, under the regulations which fhall be established by the legiflature, and to confift of the prefident of the fenate for the time being, and the fenators, chancellor, and judges of the fupreme court, or the major part

of them :

L Be it therefore enacted by the people of the fate of New-York, represented in fenate and affembly, and it is hereby enalled by the authority of the fame, That the prefident of the fenate for the time being, and the fenators, chancellor, and judges of the fupreme court, or the major part of them, fhall be, and hereby are conftituted a court for the trial of impeachments and the correction of errors; and it shall and may be lawful for the fame court, at all To be held during times hereafter, during the fitting of the legiflature, to afthe firting of the le- femble for the purposes aforefaid, on fuch days, and at fuch places as the fame court fhall, from time to time, appoint. II. And be it further enacted by the authority aforefaid, That the faid court hereby inftituted, fhall be, and hereby is authorised and required, forthwith to caufe a feal for the fame court to be devifed and made, and as foon as conveniently may be, after the faine feal is made, fhall caufe a defcription thereof in writing, to be delivered to the fecretary of this ftate, who fhall record and depofit the fame in his office, there to remain as a public record.

Filature.

III. And be it further enacted by the authority aforefaid, "That it fhall and may be lawful for the perfon adminiftring the government of this ftate for the time being, by and with the advice and confent of the council of appointment, from time to time, to appoint a fit and proper perfon to be clerk of the fame court, who fhall hold his office during the pleafure of the faid council; Form of process if and that all writs and procefs ifiuing out of the fame court, fing out of it. shall be made in the name of, The people of the ftate of New-York, and tefted in the name of the prefident of the fenate for the time being, and figned by the clerk of the fame court.

ing upon impeach

ments.

IV. And be it further enalled by the authority aforefaid, Manner of proceed. That all impeachments fhall be delivered to the prefident of the fenate for the time being, who fhall thereupon immediately caufe the court hereby inftituted for the trial of impeachments, to be fummoned; and the fame court fhall thereupon forthwith caufe the peron fo impeached, to appear, or be brought before them, to answer the charge exhibited against him; and upon the appearance of fuch perfon fo impeached, he fhall be entitled to have a copy of the faid impeachment, and a reafonable time to plead or anfwer to the fame. And when iflue fhall be joined upon fuch impeachment, the court fhall appoint a time and place for the trial thereof; and at the time and place fo appointed, and before they proceed upon the trial, the prefident of the fenate for the time being, fhall adminifter to each of the members of the faid court then prefent, and the clerk of the faid court fhall, at the fame time, alfo adminifter to the prefident, an oath, or if of the people called Quakers, an affirmation, truly and impartially to try and determine the charge in quellion according to evidence; and the faid court fhall then proceed to hear, try, and determine the fame, and may, from time to time, if neceflary, adjourn the faid trial to any other time or place; and no member of the fame court fhall fet or give his vote upon fuch trial, until he fhall have taken the oath or affirmation aforefaid, before the prefident of the fenate for the time being. Provided always, That no judgment or fentence of conviction fhall be given against any perfon upon any impeachment, unless two-third parts of the members of the faid court then prefent, fhall affent to fuch judgment or fentence. And if two-third parts of the members then prefent fhall not affent to a judgment or fentence of conviction, then, and in fuch cafe, the perfon fo impeached fhall be confidered as acquitted from fuch impeachment; and no judgment or fentence of conviction upon any fuch impeachment, fhall extend further than to removal from office, and difqualification to hold or enjoy any place of honor, trust or profit, under this flate; but the party fo convicted or acquitted fhall be, neverthelefs, liable and fubject to indictment, trial, judgment, and punishment, according to the laws of the land.

micet vefted in the aí

fembly.

V. And be it further enalled by the authority aforefaid, Power of impeach That the power of impeaching all officers of the flate, for mal and corrupt conduct in their refpective offices, be vefted in the reprefentatives of the people in affembly; but that it fhall always be neceffary that two-third parts of the members prefent fhall confent to and agree in fuchimpeachment.

VI. And be it further enacted by the authority aforefaid, That when any officer fhall be fo impeached, as aforefaid, he fhall be, and hereby is fuf pended from exercifing his office until his acquittal: And if the prefident of the Senate fhould, at any time, be impeached as aforefaid, notice thereof fhall be immediately given by the affembly to the fenate, that another prefident may be appointed.

cery, fupreme court,

and the court of at

VII. And be it further enacted by the authority aforefaid, Erros in the chan That all errors happening in the court of chancery, the futh court of probate preme court, the court of probates, and the court of adLairalis, to be correct- miralty, except in cafes of captures, fhall be redreffed and corrected by the court hereby inflituted; and that it fhall and may be lawful, as well for the attorney-general, in behalf of the people of this flate, as for any party, plaintiff or demandant, or defendant, tenant or vouchce, against whom any judgment hath been, or may hereafter be given

ed by this cont.

in the faid fupreme court, or their reprefentatives, who may be thereby aggrieved, to fue forth, out of the court of chancery, a writ of error, to be di rected to the judges of the fupreme court for the time being, commanding them to caufe the record of fuch judgment, and all things concerning the fame, to be brought before the prefident of the fenate, and the fenators, and chancellor; which writ of error, if iffued during the fitting of the legislature, fhall be made returnable at the place where the fenate fhall then fit, without delay; but if iffued during the recefs of the legiflature, then fuch writ of error fhall be made returnable at the next meeting of the fenate, where foever the fame fhall then be; and the party profecuting fuch writ of error, fhall, without delay, caufe a tranfcript of the faid record to be made, and the faid judges, to whom fuch writ of error may be directed, or any one of them, fhall, within fifteen days after notice of the faid writ of error, if the fame be returnable without delay, or if otherwife, at the day of the return thereof, annex the faid tranfcript to the faid writ of error, and indorfe a proper return upon the fame writ, and return the fame. And the prefident of the fenate for the time being, and the fenators and chancellor, or the major part of them, fhall have full power and authority, and hereby are authorised and required, to examine all fuch errors as fhall be affigned or found in fuch record, or in any process or proceeding concerning the fame, and to call upon the judges of the faid fupreme court, to affign the reafons of fuch judgment, and thereupon to reverse or affirm the faid judgment, and to give fuch other judgment therein as the law fhall require; and fhall then caufe the faid tranfcript of the record, with their judgment thereon, and all things concerning the fame, to be remitted back into the faid fupreme court, where fuch further proceedings fhall be thereupon, as well for execution as otherwife, as may be agrecable to law and juftice.

VIII. And be it further enacted by the authority aforesaid, That if at the return of any fuch writ of error, or at any other time to which the fame, or the proceedings thereon, shall be adjourned or continued, there fhould not be prefent a fufficient number of the members of the faid court of errors, to proceed thereon, the faid writ of error, or the proceedings thereon, fhall not be thereby abated or difcontinued, but the members of the faid court of errors then prefent, fhall, in fuch cafe, adjourn or continue the fame to fome further day. Provided always, That no judgment fhall be given, nor any rule or order made upon any fuch writ of error, or process, or proceeding thereon, except for adjourning or continuing the fame, unless the prefident of the fenate for the time being, and the fenators and chancellor, or the major part of them at the least, be prefent.

IX. And be it further enadied by the authority aforef.id, Appeals from the That it fhall and may be lawful for all perfons who are or court of chancery. may be aggrieved by any fentence, judgment, decree or or

der of the court of chancery, to appeal from the fame, or any part thereof, to the prefident of the fenate for the time being, and the fenators and the judges of the fupreme court; and the prefident of the fenate and the finators, and the judges of the fupreme court for the time being, or the major part of them, fhall have full power and authority, and hereby are authorised and required to call upon the chancellor to affign the reafons of fuch fentence, judgment, decree or order, and to examine, hear, and finally determine fuch appeal, and all matters concerning the fame; and to reverse, affirm, or alter fuch fentence, judgment, decree or order, and to make fuch other order or decree thereon, as equity and justice fhall require; and there

upon to remit the fame, with their judgment, decree and order in the premi fes, and all things concerning the fame, back into the faid court of chancery, where fuch further proceeding fhall be thereupon, as well for execution as otherwife, as may be agreeable to equity and juftice. ProAppeals from decre- vided always, That all fuch appeals, except thofe from final tal orders to be made decrees, be made within fifteen days next after making the orders or decrees fo appealed from.

within fifteen days.

X. And be it further enacted by the authority aforefaid, That it shall and may be lawful for all perfons who are or may be aggrieved by any fentence, judgment, decree or order of the court of probates, or of the court of admiAppeals from the ralty (except in cafes of captures) to appeal from the fame, court of probates and or any part thereof, to the prefident of the fenate for the the court of admiralty. time being, and the fenators, chancellor and judges of the fupreme court; and the prefident of the fenate and the fenators, the chancellor and the judges of the fupreme court, or the major part of them, fhall have full power and authority, and hereby are authorised and required to examine, hear, and finally determine all fuch appeals, and all matters concerning the fame, and to reverse, affirm, or alter fuch fentence, judgment, decree or order, and to make fuch other order or decree therein, as equity and juftice fhall require; and thereupon to remit the fame, with their judgment, decree and order in the premises, and all things concerning the fame, back into the court fo appealed from, where fuch further proceeding fhall be thereupon, as well for execution as otherwife, as may be agreeable to equity and jultice. Provided always, That all fuch appeals from the faid court of admiralty, and from the faid court of probates, be made within fifteen days next after making or giving the fentence, judgment, decree or order fo appealed from. And that all appeals from any fentence, judgment or decree heretofore made by the court of admiralty, or court of probates, fhall be made within fix weeks after the paffing of this act.

XI. And be it further enaded by the authority aforefaid, That in all quef tions arifing upon fuch writs of error and appeals, and the proceedings and judgments thereon, when the other members of the court then prefent, fhall be equally divided in opinion, the prefident of the fenate for the time being, fhall have a cafting voice in the decision, but shall not vote in any other cafe

whatever.

XII. And be it further enacted by the authority oforefaid, That Writs of error on all writs of error upon judgments in the fupreme court, and judgments in the fu preine court, and ap- appeals from definitive fentences in the court of chancery, in chancery, to be heretofore given or made, or hereafter to be given or made, brought within five fhall be brought within five years next after rendering the judgment or making the decrée, and not after.

peals froin decrees

years.

XIII. And be it further enacted by the authority aforefaid, That writs of error in all civil cafes, and criminal cafes not capital, fhall be confidered as writs of right, and iffue of courfe; and in all capital cafes, writs of error shall be confidered as writs of grace, and fhall not iffue but by order of the chancellor for the time being, made upon motion or petition, notice whereof fhall always be given to the attorney-general for the time being, or the profecutor for the ftate.