« SebelumnyaLanjutkan »
Passed in the FIRST SESSION of the LEGISLATURE,
held at POUGHKEEPSIE, in DUTCHESS County.
Bu revised by
С НА Р. XIL
Palled 16th March, 1778. 1. E it enacted by the people of the fate of Ncw-York, con lofrerilim,&c.
D represenied in senate and pembly, and it is hereby die f proceeding in enačled by the wilt hority of the same, That whenever and as
ofien as a bill shall have been revised by the council, apo pointed to revise ail bills about to be passed into laws, by the legislature (and which council shall, forever hereafter, be known by the name of, The Council of Revision) and the said council fhill have thereon declared, that it did not appear to them improper, that the faid bill should become a law of this state ; or if the said bill shall have been before the said council, by the space of ten days, and shall not have been returned by the faid council, with their objections thereto, as by the constitution of this state is required; whereby the fame shall have become a law of this state, a certificate thereof as the café may be, to be subscribed by the perfon adminiftring the government of this itate for the time being, shall be endorsed on such law: Whereupon the Said person administring the government, Ihall, with his own proper hand, deliver fuch law to the secretary of the state, for the time being, or his sworn deputy; who shall cause the same to be deposited in the secretary's office, and recorded in a book or books to be kept for that purpose. And that whenever, and as often as a bill, returned by the faid council of revision, to be re-considered, shall, notwithfianding, be pafled into a law, the president of the fenate, or speaker of the assembly, in which foever the same shall,upon such re-confideration, last pass, shall deliver such law, with his own proper hand, to the secretary of the state for the tinie being, or liís sworn deputy, to be de posited and recorded as aforesaid; and the fecretary of the late for the time being, or his sworn depu:y, shall attend at every letticn of the legislature, for the purpose of receiving laws, to be delivered to Lim as aforesaid
YORK, Firit Sellion. II. And whereas arms have been devised for this state, and two several seals have been deviled and made, one of the faid seals, as and for the great feal, and the other, as and for the privy seal of this state (and which faid seals are now in the cultody and putletion of his excellency the present governor) Arms, and great and
be it iherefore fir.her enucicá by the ti hority corejaid, privy fauf The Pate; That the said arms and seals shall severally be, and they are baie cutady of the hereby respectively declared to be the arms, the great feal, Ski and how to be and the privy feal of this state. That the person adinini.
Itring the government of this state, for the time being, shall have the custody and poflettion of the said feals. That the said feal, hereby declared to be the privy seal, sh :ll be the seal for military commillions ; and all such matters and things as heretofore, while this fate, as the colony of New-York, was subject to the crown of Great Britain, were issued, under the feal at arms of the governor or commander in chief of the colony for the time being, Ihall illue under the faid seal, hereby declared to be the privy seal of this itate : And that all such matters and things, as heretofore, while this ftate, as the colony of New-York, was subject to the crown of Grear-Britain, were issued under the great seal of the colony, shall in future (the proceedings in the court of chancery herein after mentioned, excepted) ilive under the faid seal, hereby declared to be the great feal of this state; and shall be made out and entered of record, in the office of secretary of the state, in the fame manner, as when this state, as the colony of New-York, was subject to the crown of Great-Britain, the fame were made out and entered of record, in the office of secretary of the colony.
. Am be it further enabled by the aullhority aforesud, of ,
Judges of the court That the judge of the court fo probates of this state, shall be declared.
vested wich ail and singular the powers and authorities, and have the like jurfdiétion,in teßamentary matters, which, while
this state, as the colony of New York, was subject to the See to feff. ch. 38.
crown of Great-Britain, the governor or commander in chief of the colony, for the time being, had and exerciled, as judge of the prerogative court, or court of probates of the faid colony: Except as to the nomination and appointment of surrogates in the several counties; who shall be nominated and appointed by the council of appoinment, and commilioned under the great feal: And that all letters of adminiftration, to be granted by the said judge, and all citations and other proceilis, illuing out of the faid court, Mall run in the name of the people of this ilate, and be tested in the name of the judge of the said court.
IV. And bc it further enabled by the authority aforesaid, The judges of the That the chancellor, the judges of the supreme court, the and jutges of inferior judge of the court of ad'niralty, the judge of the court of
probates, and the judges of the inferior courts of common
pleas in the several counties within this stare refpectively fall Chancery to have be, and they are hereby respectively authorised and required,
13 ch. 58.
ford with to cause seals, for the courts in which they respectively are judges, to be deviled and made; and that all commillions, writs, procesles and other proceedings, which heretofore by the course and prac
tice of the court of chancery, while this late, as the colony cre \ings in diareery of New-York, was subject to the crown of Great Britain, supreme iliued under the great teal, fzall, in future, iffue under the
faid leal, fo to be desied and made, as and for the feel of the said court. That al proceedings in the court of chancery, and all proceed
courts to have seals.
The tile of
ings in the supreme, which heretofore, while this state, as the colony of New. York, was subject to the crown of Great Britain, were by law supposed to be before the king himself, shall, in future, be before the people of this itate,
V. And be it further enacted by the authority ajure/ud, The refon admini: That the person administring the government of this state, wem, w deliver def- as soon as conveniently may be, after the publication hereof, Ciptions in writing shall deliver to the fécretary of the itate, descriptions in athe judges of the writing, of the devices of the said arms and seals, hereby deties of their feals to clared to be the arms, great feal and privy seal of this Itate; the foretary Who and that the chancellor, the judges of the supreine court, the all depolit and re
judge of the court of admiralty, and the judge of the cowt of probates, shall severally, as soon as conveniently may be, afer they shall have caused seals to be devised and made for the courts in which they respectively are judges, as aforesaid, deliver to the fecretary of the ftate, deicriptions in writing, of the said several seals; which said several descriptions in writing, the faid fecretary of the state shall deposit and record in his office, there to remain as public records of this state,
VI. And be il further enabled by the authoriiy afircfuid, Gromiffions, and That all commissions and law proceedings, shall, during the
paper for one year present war, and for and during the space of one year after after the war.
the expiration of the fame, be as valid, legal and electual, to all intents and purposes, on paper, as if the same were on parchment.
VII. And be i further eracled by the auihori y afirefirid, Courts of heaven to That the supreme court of judicature of this state, and the Days as an 1774. inferior courts of common pleas, and the courts of general
or quarter fellions of the peace in the several counties withsee soch Seff. Ch. 10. in this state, shall be held on, and at such days and times, as
they were respectively held in the year of our Lord one Tie court Ex one year at Puch thoufand seven hundred and seventy-four. That the said plant as the person supreme court shall, for one year next to come, be held at verineut ihall die such place or places, as the person administring the governAltered 8th Seff. ment of this state, for the time being, shall, by proclamation, Tires and places
from time to tiine, appoint and direct; and that all proceffef és lding courts of es in the said supreme court, shall be returnable wherever the tan pleas and said court shall be held within this state; and that the said
several inferior courts of common pleas, and courts of gen
eral or quarter feslions, shall be held at the usual places in the Altered Joth feft. respective counties. That all procerles returnable in the su
preme court, and to be issued between the paling of this act, and the next ensuing term, shall be teiled, on the thirty-first day of January lait paft; and that all proceffes to be issued, in the several inferior courts of common pleas, between the pasling of this act, and the next ensuing terin of each respective court, shall be tetted on the day, which would have been the test had the several courts been held uninterruptediy, in manner heretofore accutomed : Provided nevertheless, That where, by reason of the invasion or lavages of the enemy, the inferior courts of cominon pleas, and courts of quarter or general fellions of the peace, in any of the counties of this slate, cannot be held at the usual places, it shall and may be lawful to and for the per on adinin aring the governinent of this state, for the time being, by proclamation from time to time, to appoint, such other places for holding the faid leveral inferior courts of common pleas, and courts of quarter or general filions of the peace, as he sliall deem most convenient, in the respective
counties; except in the county of Charlotte; and that in the said county, the inferior court of common pleas, and the court of quarter or general sessions of the peace in the said county, shall be held at New-Perth, in the said county, for three years next to come, or until the legislature shall otherwitė provide, which shall first happen.
VIII. And be il further enadled by the authority aforeluid, Secretary, ex offer That the secretary of this state, for the time being, Thall, ex app sintinent. Tleir officio, be clerk of the council of appointment, and shall exInillions, how to be ercise the said office in person, or by his sworn deputy. made out. That on all nominations and appointment to offices, within this state, by the council of appointment, the order or orders of the said council thereupon, shall be fairly written, and entered in the minutes of the proceedings of the said council (which are hereby declared to įbe public records of this itate) and shall be subscribed by such majority of the said council as shall agree to each respective order. Whereupon the clerk of the said councillhalì forthwith caule commissions to be made out agreeable to such orders, and delivered to the governor for the time being, in order that the fame may be sealed.
[The 9th section of this act is become obsolete, by the adoption of the constitution for the United States.]
С НА Р. XIV. An ACT to ascertain the Places from whence the Milage Fees of the respective Sherilts of the several Counties in this Stac, fhall be computed.
Pafled 19th March, 1778. I. E it eračied by the people of the flute of New-York, represented in fmmc, That from and after the palling of this act, the sheriffs of the respect
ive counties of this itate, shall compute their milage fees, for From ther its to compute the service of all writs and process, hereafter by them to be milage on service of served, and subject to the payment of milage fees, from the .
respective places herein afer mentioned, and from no other places whatsoever ; that is to fay, The sheriff of the city and county of NewYork, from the city-hall of the said city; the sheriff of King's county, from the court-house in the said county; the sheriff of Richmond county, from the court-house in the faid county; the sheriff of the county of Suffolk, from a path commonly known by the name of the Wading River path, about feven miles to the westward of the county-hall, in the said county, at the junction of the said path with the country road, which pallis through Naffau island, about the iniddle thereof; the sheriff of Queen's county froin a certain pond, commonly called Wind-Mill pond, near the north fide of Hempstead-Plains; the theriff of Dutchefs county from the houe wherein Myndert Vielle, Esq. now lives, in Beekman's precinct; the sheriff of Weftchester county from the house of William Ogden, in North-Castle; the fheriff of Orange county, on the north side of the highlands, from the courthouse in the township of Goshen; and on the fouth fide of the highlands from the court-house in the precinct of Haveritraw, in the said county; the
criff of the county of Uller from the hou of Mrs. Ann Dubois,' in the neighbourhood of the New Paltz, in the said county; the l:criff of the county of Albany, from the city-hall in the city of Albany; the heriff' of the