II. And whereas arms have been devised for this flate, and two feveral feals have been devited and made, one of the faid feals, as and for the great feal, and the other, as and for the privy feal of this ftate (and which faid feals are now in the cuftody and pofletion of his excellency the present governor)

declared. Who thali

applied.

Arms, and great and be it therefore further enucled by the authority ajorejaid, privy feal of the fate, That the faid arms and feals fhall feverally be, and they are have cuftody of the hereby refpectively declared to be the arms, the great feal, Seals, and how to be and the privy feal of this ftate. That the perfon adminiftring the government of this ftate, for the time being, fhall have the cuftody and poffettion of the faid feals. That the faid feal, hereby declared to be the privy feal, fhall be the feal for military commiflions; and all fuch matters and things as heretofore, while this flate, as the colony of New-York, was fubject to the crown of Great-Britain, were iffued, under the feal at arms of the governor or commander in chief of the colony for the time being, hall iffue under the faid feal, hereby declared to be the privy feal of this ftate: And that all fuch matters and things, as heretofore, while this ftate, as the colony of New-York, was fubject to the crown of Great-Britain, were iffued under the great feal of the colony, fhall in future (the proceedings in the court of chancery herein after mentioned, excepted) iflue under the faid feal, hereby declared to be the great feal of this ftate; and fhall be made out and entered of record, in the office of fecretary of the ftate, in the fame manner, as when this flate, as the colony of New-York, was fubject to the crown of Great-Britain, the fame were made out and entered of record, in the office of fecretary of the' colony.

III. And be it further enacted by the authority aforefaid, Judge of the court That the judge of the court fo probates of this state, shall be of probates, powers declared. vefted with all and fingular the powers and authorities, and have the like jurifdiction,in teflamentary matters, which, while this ftate, as the colony of New-York, was fubject 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 furrogates in the feveral counties; who fhall be nominated and appointed by the council of appointment, and commiffioned under the great feal: And that all leters of administration, to be granted by the faid judge, and all citations and other procefies, fluing out of the faid court, fhall run in the name of the people of this ftate, and be tefted in the name of the judge of the faid court.

four great courts,

additional feal, 13 teff.

ch. 58.

IV. And be it further enabled by the authority aforefaid, The judges of the That the chancellor, the judges of the fupreme court, the and judges of inferior judge of the court of admiralty, the judge of the court of courts to have feals. probates, and the judges of the inferior courts of common pleas in the feveral counties within this ftate refpectively shall Chancery to have be, and they are hereby respectively authorised and required, forthwith to caufe feals, for the courts in which they refpectively are judges, to be deviled and made; and that all commiffions, writs, procefles and other proceedings, which heretofore by the courfe and pracThe file of pro- tice of the court of chancery, while this flate, as the colony ceedings in chancery of New-York, was fubject to the crown of Great-Britain, the fupreme iffued under the great feal, fhall, in future, iffue under the faid feal, so to be deviled and made, as and for the feal of the faid court, That all proceedings in the court of chancery, and all proceed

and

court.

ftring the govern

of arms and feals,

four great courts, de

ings in the fupreme, which heretofore, while this ftate, as the colony of New York, was fubject to the crown of Great-Britain, were by law fuppofed to be before the king himself, fhall, in future, be before the people of this ftate, V. And be it further enacted by the authority aforesaid, The perfon admini That the perfon adminiftring the government of this ftate, men, to deliver def as foon as conveniently may be, after the publication hereof, criptions in writing, fhall deliver to the fecretary of the ftate, defcriptions in and the judges of the Writing, of the devices of the faid arms and feals, hereby devices of their feals to Clared to be the arms, great feal and privy feal of this state; the fecretary, who and that the chancellor, the judges of the fupreme court, the judge of the court of admiralty, and the judge of the court of probates, fhall feverally, as foon as conveniently may be, after they fhall have caufed feals to be devifed and made for the courts in which they respectively are judges, as aforefaid, deliver to the fecretary of the ftate, defcriptions in writing, of the faid feveral feals; which faid feveral defcriptions in writing, the faid fecretary of the ftate fhall depofit and record in his office, there to remain as public records of this state.

fhall depofit and re

cord them.

after the war.

be held on the fame Days, as in 1774.

The fupreme court

Ch.61.

VI. And be it further enacted by the authority afore fuid Commiffions, and That all commiffions and law proceedings, fhall, during the Ew proceedings good un paper for one year prefent war, and for and during the space of one year after the expiration of the fame, be as valid, legal and erectual, to all intents and purposes, on paper, as if the fame were on parchment. VII. And be it further enalled by the authori y afirefaid, Courts of law to That the fupreme court of judicature of this ftate, and the inferior courts of common pleas, and the courts of general or quarter feflions of the peace in the feveral counties with-. Sce 19th Seff. Ch. 10. in this ftate, fhall be held on, and at fuch days and times, as they were refpectively held in the year of our Lord one for one year at fach thoufand feven hundred and feventy-four. That the faid place as the perfon fupreme court fhall, for one year next to come, be held at atminttring the gr verrunent hall di- fuch place or places, as the perfon adminiftring the governAltered 8th Seff. ment of this ftate, for the time being, fhall, by proclamation, from time to time, appoint and direct; and that all proceffTunes and places of adding courts of es in the faid fupreme court, fhall be returnable wherever the mon Pleas and faid court fhall be held within this ftate; and that the faid feveral inferior courts of common pleas, and courts of general or quarter feflions, fhall be held at the ufual places in the Altered 10th feff. refpective counties. That all procefles returnable in the fupreme court, and to be iffued between the palling of this act, and the next enfuing term, fhall be tetted, on the thirty-first day of January laft paft; and that all proceffes to be iffued, in the feveral inferior courts of common pleas, between the paffing of this act, and the next enfuing term of each respective court, fhall be tefted on the day, which would have been the teft had the feveral courts been held uninterruptedly, in manner heretofore accutomed: Provided nevertheless, That where, by reafon of the invafion or ravages of the enemy, the inferior courts of common pleas, and courts of quarter or general fellions of the peace, in any of the counties of this flate, cannot be held at the ufual places, it fhall and may be lawful to and for the perion adinin firing the government of this state, for the time being, by proclamation from time to time, to appoint, fuch other places for holding the faid feveral inferior courts of common pleas, and courts of quarter or general Affions of the peace, as he fhall deem moft convenient, in the refpective

fellions.

ch. 10.

counties; except in the county of Charlotte; and that in the faid county, the inferior court of common pleas, and the court of quarter or general feffions of the peace in the faid county, fhall be held at New-Perth, in the faid county, for three years next to come, or until the legislature shall otherwise provide, which fhall firft happen.

eio, clerk of council of

acts, records, and com

made out.

VIII. And be it further enacted by the authority aforesaid, Secretary, ex offi- That the fecretary of this ftate, for the time being, fhall, ex appointment. Their officio, be clerk of the council of appointment, and fhall exnitions, how to be ercife the faid office in perfon, or by his fworn deputy. That on all nominations and appointment to offices, within this ftate, by the council of appointment, the order or orders of the faid council thereupon, fhall be fairly written, and entered in the minutes of the proceedings of the faid council (which are hereby declared to be public records of this ftate) and fhall be fubfcribed by fuch majority of the faid council as fhall agree to each refpective order. Whereupon the clerk of the faid council fhall forthwith caufe commiffions to be made out agreeable to fuch orders, and delivered to the governor for the time being, in order that the fame may be fealed.

[The 9th fection of this act is become obfolete, by the adoption of the conftitution for the United States.]

CHA P. XIV.

An ACT to afcertain the Places from whence the Milage Fees of the refpective Sheriff's of the feveral Counties in this State, fhall be computed. Pafled 19th March, 1778.

1. BE

fheriffs to compute

process.

Eit cradled by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That from and after the paffing of this act, the fheriffs of the respective counties of this itate, fhall compute their milage fees, for From what places the fervice of all writs and procefs, hereafter by them to be milage on fervice of ferved, and fubject to the payment of milage fees, from the refpective places herein after mentioned, and from no other places whatfoever; that is to fay, The fheriff of the city and county of NewYork, from the city-hall of the faid city; the fheriff of King's county, from the court-houfe in the faid county; the fheriff of Richmond county, from the court-house in the faid county; the fheriff of the county of Suffolk, from a path commonly known by the name of the Wading River path, about feven miles to the weftward of the county-hall, in the faid county, at the junction of the faid path with the country road, which pafles through Naffau ifland, about the middle thereof; the fheriff of Queen's county from a certain pond, commonly called Wind-Mill pond, near the north fide of Hempftead-Plains; the fheriff of Dutchess county from the house wherein Myndert Vielle, Efq. now lives, in Beckman's precinct; the fheriff of Weftchefter county from the houfe of William Ogden, in North-Caftle; the fheriff of Orange county, on the north fide of the highlands, from the courthouse in the townfhip of Gofhen; and on the fouth fide of the highlands from the court-houfe in the precinct of Haverstraw, in the faid county; the fheriff of the county of Ulfler from the houe of Mrs. Ann Dubois, in the neighbourhood of the New-Paltz, in the faid county; the fheriff of the county of Albany, from the city-hall in the city of Albary; the fheriff of the

county of Tryon, from the pafs in the mountain called Anthony's Nofe, in the faid county; the fheriff of the county of Charlotte, from the meetinghouse in the town of New-Perth, in the faid county; the fheriff of the county of Cumberland, from the court-houfe in the faid county; and the fheriff of the county of Gloucester, from the meeting-houfe in the town of Newbury, in the faid county. II. And be it further enacied by the authority aforefaid, All former regula- That all former regulations, refpecting the places from which the fheriffs refpectively were required to compute their milage, on the fervice of writs or proceffes, fhall be, and they hereby are repealed, annulled and made void; any thing in any act or acts of the legiflature of the colony of New-York, contained to the contrary thereof in any wife notwithstanding.

tions repealed.

CHA P. XXV.

An ACT to difpenfe with the ufual Mode of adminiftring Oaths, in Favor of Perfons having confcientious Scruples refpecting the fame.

Preamble.

WHEREAS

Paffed ft April, 1778.

HEREAS of the inhabitants of this ftate, have many confcientious fcruples about the prefent mode of adminiftring oaths, by laying the hand on and kiffing the gofpels; for the relief of all fuch perfons,

be fworn with uplift

ed hand.

Be it enacted by the people of the ftate of New-York, reprefented in fenate and affembly, and it is herely enacted by the authority of the jame, That all and Perfis having con- every perfon or perfons, empowered to adminifter oaths fentious feruples, to within this ftate, fhall be, and they hereby are empowered, authorised and required, to tender and adminifter the faid oaths to all fuch perfon or perfons as fhall declare they have fuch confcientious fcruples, in the form following, to wit: The faid perfon or perfons fhall, with his, her or their hand or hands uplifted, fwear by the ever-living God, and fhall not be compelled to lay his, her or their hand or hands, on the gofpels, or kifs the fame: And that all oaths to be adminiflered agreeable to the mode prescribed by this act, fhall be, and the fame are hereby declared to be as good, valid, and effectual, to all intents and purpofes, as if the fame And if guilty of per- had been adminiflered by laying the hand on, and kifling

, to fuffer as if the gospels. And all perfons who being fworn agreeable fworn on the goipels. to the faid mode, and fhall be guilty of falfe fwearing, or wilful and corrupt perjury, and be convicted thereof, fhall incur and fuffer the fame pains, penalties or punishments, as if they had been respectively fwom on the holy Evangelifts.

LAWS of the State of NEW-YORK,

Paffed in the Firft Seffion of the Legiflature, held at Poughkeepsie, in Dutchefs County, by Adjournment.

eh. 10.

CHA P. XLVII.

Amended 2d feff. An ACT more effectually to prevent the Mischiefs arifing from the Influence and Example of Perfons of equivocal d fufpecled Characters in this State.

Preamble.

and

WHEREAS

Paffed 30th June, 1778.

certain of the inhabitants of this flate, have, during the courfe of the prefent cruel war, waged by the king and parliament of Great-Britain against the people of these states, affected to maintain a neutrality, which there is reafon to fufpect was in many inftances dictated by a poverty of fpirit, and an undue attachment to property: And whereas divers of the faid perfons, fome of whom advocated the American caufe, until it became ferious, have, notwithflanding the forbearance of their countrymen, and contrary to the faith pledged by their paroles, ungratefully and infidioufly, from time to time, by artful mifreprefentations, and a fubtle diffemination of doctrines, fears and apprehenfions, falte in themselves, and injurious to the American caufe, feduced certain-weak minded perfons from the duties they owed their country: And whereas the welfare of this flate, loudly demands that fome decifive meafures be taken with respect to the faid perfons; and it being repugnant to juice as well as good policy, that men fhould be permitted to fhelter themfelves under a government, which they not only refufed to aflift in rearing, but which, fome of them daily endeavour to undermine and fubvert: And whereas fuch few of the faid perfons, as may have been led to take a neutral part by confcientious doubts and fcruples, have had more than fufficient time to confider and determine the fame;

perfous of neutral and

I. Be it enacted by the people of the face of New-York, reprefented in fenate and offembly, and it is hereby enacted by the authority of the fame, That the comCminitioners of miffioners appointed for inquiring into,detecting and defeating confrares to cauf all confpiracies which may be formed in this flate, againit equivocal characters the liberties of America, or any three of them, be, and they affirmation. hereby are authorised and strictly charged and required, to caufe all fuch perfons of neuual and equivocal characters in this flate, whom they fhall think have influence fufficient to do mifchief in it, to come before them, and to adminifter to the faid perfons refpectively, the following oath, or if of the people called Quakers, affirmation, viz.

to take an oath or

The form thereof.

A. B. do folemnly, and without any mental refervation

ΙΑ

refs (or if of the people called Quakers, affirm: That I do believe and acknowLedge the flate of New-York to be, of right, a free and independent flate.