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XXV. And whereas Thomas Jenkins, Seth Jenkins, David Lawrence Hezekiah Dayton, Shubael Worth, Joseph Barnard, Ezra Reed, Charles Jenkins, Benjamin Folger, Reuben Folger, William Wail, Nathaniel Green Samuel Mansfield, Cotton Gelton, John Thurston, William Mintuin, Peleg Clark and Tirus Morgan, have, by their humble petition, represented to the legislature, that they have at a considerable expence, purchaf d the tract of land formerly called the Claverack Landing, for the purpose of eftablishing a commercial iettlement; and that they have built thereon severai wharfs, and are about to build others, together with a fhip-yard; and being apprehentive that the land under the water below high-water mark, might, at a future day, become the caule of diflentions and disputes, and from a desire to preserve good order and harmony among the citizens and inhabitants of this state, they have prayed the legislature for a grant of the faid land from high-water mark, to the channel of the faid river, opposite the land so purchased : And whereas the prayer of the said petition appears to be reasonable ; Bc it iherefore cnated by the authority aforesaid, That the said Thomas Jenkins,
Seth Jenkins, David Lawrence, Hezekiah Dayton, Shuder the water, made bael Worth, Joseph Barnard, Ezra Reed, Charles Jenkins, to the persons lærein Benjamin Folger, Reuben Folger, William Wall, Nathaniel
Green, Samuel Mansfield, Cotton Geltton, John Thurston, William Minturn, Peleg Clark and Titus Morgan, and each and every of them, have, hold, use, occupy, pofless and enjoy, all, and all manner of right, title, in tereft, property, clain and demand whatsoever, of, in and to all the land lying under the water, and directly opposite to the tract of land to purchased by them as aforesaid, from high-water mark one hundred and eighty feet to the channel of the said river, in a course north fifty-seven degrees west, to the fole use, benefit and behoof of them the said Thomas Jenkins, Seth Jenkins, David Lawrence, Hezekiah Dayton, Shubael Worthi, Joseph Barnard, Ezra Reed, Charles Jenkins, Benjamin Folger Reuben Holger, William Wail, Nathaniel Green, Samuel Mansfield, Corton Gellion, John Thurston, William Minturn, Peleg Clark and Tirus Morgan, and to their heirs and assigns forever, in severalıy. Provided always, That nothing in this act contained Niall extend, or be construed to extend, or in any manner to affect, impede or interrupt the free navigation of the said river, or any public right or privilege heretofore held and enjoyed by the good people of this state, or the private riglit or privilege heretofore lawfully held and cajoyed by any citizen or citizens of this state.
LA W S of the State of NEW-YORK,
Passed in the Ninth Session of the Legislature, held
at the City of New-York.
CH A. P. VII.
Palled 6th February, 1786.
grand atlie. And whereas the barbarous cuilom of trials by battle hath deler vedly fallen into ditute, but hath never been abrogated by law. And whereas by the inftitution of the trial by the grand aflite, four knights are to be summoned to elect the recogntors: And whereas there is not, nor cannot, by low, be any such order of men in this tate;
I. Be ii inceled by ihe people of the fl.ale of Neu-lurk, 70, "rentes in finale ad affezzbij', and it is hereby ented by the authority of the fulie, Tliat Truls by battle trials by battle in all cales shall be, and hereby are forever
II. A.d be il further croced by the authority afirull, 11 all wits for That in all writs hereafter to be i-Sued for tummoning elecir stils Fist goud tors of the grand aliit, inftund of the words, Four lawtirl your county, to be in: knights of your county, girt with fivords, the words, Four
good and lawful men of your county, fall be intrud. Oulirications of
And that erery of the faid men to be summoned and re
turned to make election of the grand afii'e, shall always be such
as are or shall be duly qualified to vote for senators, according tv this conftitution of this state.
III. And be it furtier enabled ly tlie cukoriin aforefail, That if either party shall have cause to challenge the electors fo fummoned and returnet, or any of them, such challenge shall be taken and made upon their appearanice, and before they be sworn to make election of the grand allik, and not after: and the justices shall thereupon proceed to try and determine fuchs challenges, in such manner as challenges, in cat's of common juries, are, by hw, to be tried and determined. And if any such electors Mali be found no duly qualified, or not indifferent between the parties, then a new writ fall be iflued for fummoning another, or others, as the case may require ; and tho e who are not challenged, or found duly qualified and in front between the parties, as well as the parties, ball be adjouned over to the day of the return of such new writ. And when ficli four electors as shall not challenged, or shall be found duly qualified and indiferent, Mall appear, they lill be severally sworn, lawfully and truly to chufe, in the presence of ike parties, in addition to themselves, twenty o her good and lawful men of the courity, who best know and will declare the truth between the parties, 10 make recogniion of the grand affile ; and every of the recognitors fo'to be cholen by the faid four electors, shall always be such men as Mall be duly
Onlikcations of qualified by the laws of this fate, to serve as jurors upon fecognitis. trials at bar in the fupreme court; and if either party Nail
have cause to challenge any of the said recognitors, such challenge shall be taken and made before the said four electors, who shall immediately try and determine the same. And if any man named by the faid four electors as a recognito, Thall be challenged, and found not duly qualified, or not indifferent between the parties, they shall leave his name out of the pannel, and chufe another in his stead; and when they have completed a pannel of twenty-four recognitors of themselves, and others as aforesaid, they shall, in their proper persons, return and deliver the same to the justices in open court.
IV. And be it further enabled by the authority aforesaid, That upon the delivery of such pannel into court, a writ shall issue to the proper officer, commanding him to cause the said recognitors to come before the justices, at a certain day and place, to make recognition of the grand affise between the parties : And if the cause is to be tried at the circuit court in any of the counties, a proper clause of nifi prius Thall be inserted in such writ for the purpose ; and when a sufficient number of the said recognitors shall appear to make the said recognition, such of them as do appear, shall be called and swom as they stand upon the said pannel, until fixteen of them shall be swom, who shall make the said recognition.
V. And be it further enaIcd by the authority aforesaid, In case of decult That if a fufficient number of the said recognitors to make tringas tó fue. the said recognition, shall not appear at the return of the first process for fummoning them, writs of distringas shall be issued against them, from time to time, until they shall appear.
VI. And be it further enacted by the authority aforesaid, That all trials upon writs of right, Mall be had in the county where the tenements in demand shall be situated, unle is the court upon motion of either party, shall order the trial to be at the bar of the supreme court.
of recognitors, dil
С НА Р. IX. An ACT for the better levying and accounting for Fines, Forfeitures, Jues, Amerciaments, and Debts due to the People of this State.
Palled 9th February, 1786. 1. the
assembly, and it is hereby enačled by the authority of the fame, That the 13th self. ch. 58.
junior justice of the supreme court of judicature of this state,
for the time being, or in his absence one other of the puisne justices of the same court, shall and may, during every term of the said supreme court, or during such part thereof as may be necessary, in some convenient place near where the said supreme court shall then sit, hold a court for the hearing and determining of all causes, matters and things conceming fines, forfeitures, issues, amerciaments, and debts due to the people of this ftate, according to law, and the course of the exchequer. And that it shall
and To cause processto
be lawful to and for such justice, to cause due pro
may be ilfired for levving cess of law to be issued for the levying of all fines, forfeitures, fines, forfeitures,illues, ifsues and amerciaments, which have been, or hereafter may amerciainents, duo
be fet, laid, imposed, a flessed, loft, or adjudged in any court of record of this state; and to cause all sheriffs, coroners, and other officers who have received, or hereafter shall or may receive any monies for any such fines, forfeitures, issues or amerciaments, daly to account for the same; and to examine, audit and settle such accounts; and to cause the sums which
the clerk of the ex.
Ihall appear or be found to be due thereon, to be duly paid; and to cause due proceis of law to be issued for recovering all monies upon recognizances foro leited, or to become forfeited to the people of this itate ; and to hear and determine all questions and matters concerning the same, and the forfeiture thereof; and upon good cause shewn, to remit any such for: ture, or part thereof, and to discharge luch recognizance according to equity and justice. And further, That it shall and may be lawful to and for luc. ultice, in all
Cates of dificulty cases of difficulty, to adjourn the cause and matter, and deto be adjourned into liver the record thereof into the supreme court, where the tise lupreme court,
fame shall be heard and determined; and then the faid record shall be sent back by the clerk of the said supreme court, to the faid couit fo to be held before the junior, or other puiine justice of the said fupreme court, in order that execution may be there done according to law.
II. And be it further enceied by the authority oforefuid, Jautices of the fi. That the justices of the supreme court for the time being, point, and the chief from time to time, when and as often as may be necesary, justice to coirm thon
by rule or order, to be entered in the minuies of the faine chequer.
supreme court, shall nominate', and the chief justice of the same supreme court, under his hand, and the feal of the fame supreme court, commision an experienced and proper person to be clerk of the court fo to be held, who shall be called the clerk of the exchequer in the fupreine court, and Mall hold his otice during the pleasure of the juílices of thie faid supreme court; and such clerk shall make and enter all such minutes, memorandums and records, and make and issue all such process, as such juice who hall hold such exchequer court shail, from time to tiine, direct. And Mall receive and be accountable for all monies to be paid into the said court ; and shall yearly on the fiift day of January term, in every year, make a jut and true account, upon his oath, of all monies paid into the faidexchequer court, and of all expences by him paid for stationary, and other necelaries for the faid office, and produce the lame account to such justice as may then hold the same exchequer court, for his allowance and approbation thereof; and Inall, within twenty days thereafier, deliver a true copy of such account so approved, to the treasurer of this state for the time being, and pay to the same treasurer, for the use of this state, the amount of such account, afrer de. ducting thereout the salary allowed to the said clerk, and the sums so allowed for necesaries as aforesaid, upon pain of forfeiting his office for any neg. lect of his duty therein, besides being answerable for the monies in his hands.
III. And be it further endiled liy the authority aforeluid, That the justices of the supreme court for the time being, shall devile and cause to be made, a feal for the faid exchequer court, upon which shall be engraved the words, New-York Exchequer Seal, and shall deliver a description thereof in writing to the secretary of this state, to be deposited and recorded ainong the records of this state, and shall deliver the faid seal to the clerk of the said exchequer court, who shall pay for the same out of the monies to be by him received as aforesaid. And further, That all process of tlie faid exchequer court, The procelles of this
Mall be made in the name of the people of the state of Newcont how made and York, and be tested in the name of the junior justice of the
supreme court for the time being, and signed by the clerk of the said court of exchequer, and sealed with the faid seal to to be made ; and shall be returnable as follows; That is to say, “ Before one of our justices of "Our supreme court, in our court of exchequer," on such day as the faid
his fu vices.
court of exchequer may then be aprointed to be held, “ wherefoever the “ fame court that then á held.”
IV. ind be it firiler enabled by the <a horily..foresaid, That every such clerk fo to be apronied, beiöre he emers upon the execution of his otice,
Mail take the oatlis required by law, 10 be taken by mi isterial oscers; and shall be allowed and paid the yearly 1,Jary of, two hundred and fifty pounds, for his ervicez; bu shall not, upon any pretence whatsoever, have, rective, accept or trie, any fees, perquites or reward what.oerer, for any of the services by him to be performed in the execuion of his faid viñice.
V. id bei juurher eitect o by ihu úl horty for cuid, No for at reval That no jutice of the laid iupeme court, who may at any alir utajuiveir
time hold the Gid court of excheqner, Thail have, receive, accur. or ta'e, any fies, perqu'ies or reward whiloever, for any tervices by hi'n io be performed by virth of this act; lis ialary and fees, as justice of the fupreme couri, being considered as a full compensation for the firvices aforcaid.
VI. didheit Cher Cd ly the autor a orquid, That the respective clerk of every court of record in this itare, fill yearly, on the frit day of the icim of July, in every year, make and deliver into the said court of excheyucr, a juft and true account and citieat of all fines, toriciturts, iflin's and averciamens, fet, liil, impoüli, alietid, loft or adjudged, and of all reco, Tzances forfete i before the full day of June, immediately preceding the orit day of Juiy term, on which inch account hall be rendered, in and by the re pective courts of which they are or fall be clerks, together with the taid recognizances; noing in every duch account and estreat, where any such fines, forfei ures. iilues or amerciaments havt been paid), or procissitud, or the con comanized for the fame, to whom ich payment or comai:ment was made, and what process has bein iud, and to what officer; upon pain, thateverv clerk wlio ihall negưét his duiy herein, il al nos only foreit his office, but become an l-buan wciable for all such fine's, forteiturus, illues and amerciumenis, and the amount of all such rucognizancus, as ich clerkfall neg cut to give an accoum of, and thical and deliver as atore gid.
VII. divit 2. th * <?... by the diiitheri ya urefund, Thar uji sheriis, coroners and other officers, who liave, or hervatier idill or may ruceilt, or be accountable for any such fines, forfciiures, illucs or amerciaments
, fail for Awil, gift yearly, on the firit day of the term of 1 July, in every year,
render a jul and true acco ni thereof, on Oatli, to che iaid court of exchequer; and the same account being examined, audiid and Ietiled by the judge of the fime court, shall pay the balance aj paring or found due on such account, if any there be, in favour of the people of this ftare, to the clerk of the said court and upon payment the cut, the said court of exch quer Naal make' ani grunt io ruch sherii, corner, or other oficer, a qu'eius or discharge for the faire, under the ical of the laid court of exchequer. Arxii'any fuclisherii, coroner, or other officer, finall not pay fuch bahnce found lie, win werty days afer the audi ng of his account, excu on ball be ified:gende i forihe jure; and if any such derit, coroner, or other oficer, id uil reisi or neglectio make or runder such account, fuch officer fo nogle ting or reiung, ha ll be liable to pay all iuch fums of money as full b's or ought to have been, or migla have been, received by him, for any fuch fine, for futures, itlus or an ruam.nts, as well as all lich fines, f rieture's, ilues and anerciam ns, as shall have been lei, laid, im, ofed, ailetled, lost or adjudged, by or against, or upon fuch
ch. 16. f. 3.