Certificates iffued by the treasurer of this ftate, for monies borrowed for the ufe of this ftate, and directed to be paid by an act, entitled, (a) An act (a) 3d feff. ch. 31. to provide for the payment of certain contingent exepences of this ftate, paffed the 25th October, 1779, reduced to fpecie value by the continental scale of depreciation. Certificates iffued by the agent of this ftate, in pursuance of an act, entitled, (b) 3d feff. ch. 69. (b) An act to procure fupplies for the ufe of the army, and to prevent a monopoly of cattle within this ftate, and more effectually to prevent fupplies of cattle to the enemy, paffed the 24th of June, 1780. Certificates iffued by the treafurer of this ftate, in pursuance of an act, enti(c) 3d feff. ch. 73. tled, (c) An act to provide for the payment of certain monies taken on loan by this ftate, paffed the 30th day of June, 1780, at the rate of one dollar in filver, for every forty of the nominal dollars fpecified in fuch certificates.

Warrants, with receipts there on endorsed, given by virtue of the act, enti(d) 3d feff. ch. 78. tled (a) An act to complete the continental battalions raised under the direction of this ftate, paffed the first day of July, 1780, at the rate of one dollar in filver, for every bufhel of wheat specified in fuch warrants.

Certificates granted for horfes purchased by this ftate, for the ufe of the armies of the United States, in the year 1780.

Accounts liquidated and certified, or certificates granted by the late auditor-general of this flate, or the auditor of this ftate for the time being, reduced to fpecie value, if not already fo reduced, by the continental fcale of depreciation.

Certificates iffued by the auditors appointed in pursuance of the act, entitled, (e) 4th feil. ch. 7. (e) An act to liquidate and fettle the accounts of the troops of this flate in the fervice of the United States, paffed the 4th day of October, 1780.

Certificates given, or which may be given by virtue of the act, entitled, (f) 7th feff.cn. 19.) An act to empower the auditors appointed to liquidate and fettle the accounts of the troops of this ftate in the fervice of the United States, to grant certificates to the troops of this ftate in the fervice of the United States, for their pay accrued for the time therein mentioned, paled the 6th day of April, 1784.

Certificates iffued or to be iffued by virtue of an act, eniti(2) 7th & ff. ch. 45. tled (g) An act for the fettlement of the pay of the levies and militia, for their fervices in the late war, and for other purposes therein mentioned, paffed the 27th day of April, 1784.

And all other certificates iffued by the treasurer of this ftate, for monies due by the people of this ftate, to any perfon or perfons whomsoever.

LV. And be it further enaled by the authority aforefaid, Treafarer's duty on That it fhall and may be lawful to and for the faid treafurer,

giving certificates. and he is hereby authorised and required, immediately after

completing any certificate or certificates, and having figned and endorfed the fame as herein directed, to pay to the holder thereof, the one fifth part of the intereft endorsed thereon, as aforefaid, in the faid bills emitted by virtue of this act, and remaining in the treatury; and for the refidue of the faid intereft to endorfed as aforefaid, to give unto fuch holder a certificate in the form following, to wit:

Form of certificate

NUMBER

to be given for the THE people of the fate of New-York are indebted to

interest.

to be paid to the faid

in the fum of for intereft or bearer, on or before the first day of May, which will be in the year of our Lord one thousand feven hundred and eighty-leven, according to an act, entitled, An act for emitting the fum of two hundred thousand pounds in bills of credit, for the purposes therein mentioned.

for intercit, to bear

Which certificate, fo to be given for intereft, fhall be Certificates given numbered with the fame number as the certificate given for the fame number as the principal ium on which fuch interett is due; and the thofe for princ pal. blanks in the body of each certificate fo to be given for intereft, fhall be filled up as follows; the firft and third with the name of the perfon to whom fuch intereft is due, and the fecond with the fum fo due to fuc perfon for intereft as aforefaid; and each certificate fo given for intereft, fhall, before the fame is delivered, be figned by the treasurer, with his name and file of office; and the faid treasurer having to paid a part of the intereft in the faid bills of credit, and given fuch certificate as aforefaid for the refidue of the interest, shall endorie on the certificate by him given for the principal money of the fecurity or fecurities to loaned, interett paid to the first day of January, one thousand feven hundred and eighty-five, and fubfcribe fuch endorsement with his name and file of office.

LVI. And be it further enated by the authority aforesaid, That the faid treasurer fhall make regular entries in a book or books to be kept for the purpofe of the certificates for fecurities loaned, as aforefaid, which he shall iflue by virtue of this act; and which book or entries fhall contain in convenient order, the number and date of fuch certificates, and the names of the perfons to whom fuch certificates fhall be iffued, the principal fum, the intereft paid thereon, the day to which it was paid, and the annual intereft to arile thereon; and alfo a like entry of each and every fecurity he shall receive on loan as aforefaid, reducing in all cafes the nominal fum to fpecie value, as herein before directed.

Gold and filver, and

LVII. And to the end that the credit of the bills to be emitted by virtue of this act, may be most effectually established; Be it enacted by the authority ajorefaid, That gold and filver, and the bills of credit to be the bills emitted by emitted by virtue of this act, fhall be received by the col this act to be received lector, for duties arifing on goods, wares and merchandize, which fhall be imported into this ftate after the pafling of the treafury of this ftate in payment arifing from the fold by public vendue, by virtue of the act, entitled, An act for the regulation of fales by public auction.

for duties.

this act, and in duty on goods 47th feff. ch. 4.

Gold and filver, and

bills only to be re

LVIII. And be it,urther emalied by the authority aforefaid, That gold and filver, and the bills of credit emitted in purceived by loan-off- fuance of this act, and no other fpecies of monies or bills fhall be received by the loan-officers, in diicharge of the principal and intereft due on fuch mortgages.

cers.

to the common coun

LIX. And be it further enacted by the authority aforefaid, Same power given That all the power and authority by this act given to, and cilor New-York, as to duties required to be done by the judges and fupervisors of the judge, and fupervilors of the other the feveral counties of this flate, fhall be veiled in, and exercifed by the mayor, aldermen and commonalty of the city of New-York, in common council convened, who shall be Abject to

counties.

ke forfeitures, fo far forth as the matters and things in this act contained relate to the faid city and county of New-York; and that the word, county, in this act mentioned, fhall be conftrued to comprehend the faid city and county of New-York.

of credit to be a legal tender.

LX. And be it further engl.d by the authority aforefaid, In what cafes bills That the bills of credit to be emitted by virtue of this act, fhall be a legal tender in all cafes where any fuit is or shall be brought or commenced for any debt or damages, and the cofts of fuit, in any ftage of the proceedings thereof. Provided always, That nothing in this act hall extend to contravene any treaty between the United States of America, and any foreign state or power.

LXI. And be it further enacted by the authority aforefaid, That one of the loan-officers of each refpective county, fhall be allowed, in addition to the falaries herein before mentioned, the fum of fix-pence for every mile fuch loan-officer fhall be obliged to travel for the purpose of receiving the bills of credit, in and by this act directed to be delivered to the loan-officers, to be computed from the court-houfe of the county for which fuch loan-officer hall be appointed, to the city of New-York.

Certificates iffued by

virtue of this act, to

be received in pay

ment for confifcated eftates and waste lands.

LXII. And be it further enacted by the authority forefaid, That the certificates to be iflued by the treafurer, by virtue of this act, for fecurities taken on loan, and alfo the certifi cates to be iflued for part of the intereft due thereon, previous to the first day of January, one thoufand feven hundred and eighty-five, fhall be receivable at the treafury of the state, in payments for confifcated elfates to be fold by the committioners of forfeitures, and alfe in payment for the wafte and unappropriated lands of this flate.

С НА Р. XLI.

An ACT for regulating Trials of Ifues, and for returning able and fuficient

Jurors.

Paffed 19th April, 1786.

Eit enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enaded by the authority of the fame, That all itlues joined, or hereafter to be joined, in the fupreme court, or in any other court, and brought into the fupreme court to be tried, and which are or may be triable by the country, fhall be tried in the proper counties where the lands, tenements or hereditaments in demand or queftion, fhall be fituated, or the cause of action, fuit, controverfy, or offence fhall arife, or be committed; unle's the fupreme court, upon motion in behalf of the people of this ftate, if they be interested, or upon motion of any plaintiff, demandant, or avowant, or tenant, or defendant, fhall think proper to order the trial to be at the bar of the faid fupreme court, which fhall only be done in cafes of great difficulty, or which require great examination. But this claufe fhall not extend to any action merely tranfitory, nor prevent the faid fu preme court from ordering trials by foreign juries, in all cafes where it fhall be proper and neceffary.

II. And be it further enacted by the authority aforesaid, That the juftices of the fupreme court for the time being, or fome or one of them, fhall, yearly, and every year for ever hereafter, in the vacations, at least once in a year, and oftener, if need be, hold a court in each of the counties of

3.

Juftices of the fupreme court, intern,

to appoint the time of holding the circuit

12th feff. ch. 28. this ftate, as well in the counties where the fupreme court fhall fit, as in every of the other counties of this ftate, for the trials of all iffues joined or to be joined, in the fupreme court, or in any other court, and brought into the fupreme court to be tried, and which are or may be triable in the faid refpective counties; which courts fhall be called the circuit courts; and that each of the faid circuit courts fhall be held in each of the counties of this ftate, fo many days each time as the justices or justice holding the fame, fhall think neceflary. And further, That the juftices of the fupreme court for the time being, fhall, from time to time, in the term next preceding the holding of every of the circuit courts, appoint the time of holding fuch circuit courts in every of the faid counties in which The circuit courts it fhall be neceffary to hold the fame in the then next vato be held at the cation, and fhall caufe the fame to be entered in the minAltered as to New utes of the fame fupreme court; and that such circuit court, 12th fell. ch. 4. Albany, fhall refpectively be held at the court-houfe of the county in which the faid circuit court is fo appointed to be held; and in cafe there be no court-houfe in the county, then at fuch place as the faid juftices of the fupreme court, during the term next preceding the holding of fuch circuit court, fhall, for that purpose, appoint.

courts.

court-houfe.

York and

II. And be it further enacted by the authority aforefaid, That when any fuch iffue is to be tried at any of the faid circuit courts, the tenor or tranfcript of the record thereof, with a refpite of the jury, or an award of process for their appearance to the fupreme court at the next term, unless the juftices of the fupreme court, fome or one of them, at the day and place appointed for holding the faid circuit court at which fuch iffue is or ought to be tried, fhall fooner come, fhall be made and fent under the feal of the faid fupreme court, to fuch of the juftices of the fame court, as may hold the faid circuit court in the county where fuch iflue is or ought to be tried; and a fimilar claufe fhall be inferred in the process for the appearance of the jury at the faid circuit court; and if one party demand and have fuch tenor or tranfcript of the record as aforefaid, to deliver to fuch juftices or juftice before whom fuch lue is to be tried, another tenor or tranfcript of the fame record fhall be made and delivered to the other party, if he require the fame.

ies in the circuit couses.

IV. Ad be it further enacted by the authority aforefaid, Authority given to That the juilices of the fupreme court for the time being, the juftices of the Supreme court to try and each and every of them, as a juftice or juflices of the fupreme court, and without any other commision to be had or made for that purpose, fhall be, and hereby is and are fully authorifed, empowered and required, at the faid refpective circuit courts, to try all fuch illues, and take all fuch inquefts, by default or otherwife, as are or ought to be tried or taken in the faid circuit courts refpectively, and to record nonfuits and defaults before him or them; and to do and execute all other matters and things as fully, in every respect, as any juftices of nifi prius, or juftices of affife, may or ought by law to do and execute. And the faid juices or juftice, before whom any fuch circuit court fhall be held, fhall return the faid tenor or tranfcript, and the writ or process for the appearance of the jury, and the panel, with the verdict and proceedings before him or them had thereupon, to the fupreme court, at the next term; and the faid fupreme court fhall receive and record the fame, and give judg went thereupon according to law. And further, That it fhall and may be

preme court to take

courts.

Juftices of the fu- lawful to and for the juftices of the fupreme court, and each affites at circuit and every of them, for the time being, as a juftice or justices of the fupreme court, and without any other commiffion to be had or made for that purpofe, to take affiles of novel diffeifin, or any other affifes at the faid feveral circuit courts; and if the taking of any affife at And may aljourn any fuch circuit court, be deferred for any caufe whatfoever, the fame into the fu- to adjourn the fame, and fend the record, with the original writ, to the faid fupreme court, where fuch proceedings fhall thereupon be had, as law and juflice may require. And when the inatter fhall come to the taking of the aflife, the fad fupreme court shall remit the matter to fuch of the juices as fhall hold the next circuit court in the county where the fame affife is or ought to be taken, before whom the faid affife fhall be taken; any law, cuftom or ufage to the contrary notwithftanding.

preme court.

V. And be it further enacted by the authority aforefaid, That all fheriffs, and other officers to whom the return of any writs of affife, juries or certificates fhall appertain, fhall caufe to come, at every fuch circuit court to be held in their refpective counties, before the juftices or juftice of the fupreme court who fhall hold fuch circuit court, all fuch writs of aftife, juries and certificates, before whatfoever juflices or juftice arraigned, or by whatsoever writs, in their respective counties, together with the panels, attachments, reattachments, fummons, re-fummons, and all other minuments whatfoever, any ways concerning thofe aflifes, juries and certificates, in all things according to law and the nature of them arrayed and executed. Provided always, That the attachments, re-attachments, fummons and re-fummons thereof, fhall be made at leaft fifteen days before the holding of fuch circuit court.

VI. And be it further enacted by the authori ya brefaid, Taat all iffues upon legality of marriage, and upon pleas or allegations, of general or fpecial baftardy, fhall be tried by the country, and not otherwife; any law, cuflom or ufage to the contrary notwithstanding.

how to be taken and

ings thereon.

VII. And be it further enacted by the authority of refaid, Bills of exceptions That when any one who is or fall be impleaded before allowed, and proceed any judges or juftices, doth alledge an exception, praying that the juftices will allow it, and they will not allow it, if he who alledged the exception do write the fame exception and require that the juftices will put their feals to it for a witness, the juftices fhall do fo; and if one will not, another of the juices fhall: And if a writ fhall be brought to reverse the judgment in fuch cafe, and the fame exception be not found in the roll, and the plaintiff fhew the exception written, with the feal of the juflices put to it, the juftice fhall be commanded that he appear at a certain day, either to confe's or deny his feal; and if the juttice cannot deny his feal, the court fhall proceed to judgment, according to the fame exception, as it ought to be allowed or difallowed.

VIII. And be it further enacted by the authority aforefaid, That every venire facias, for the trial of any iflue in any action or fuit, civil or criminal, in any court of record within this ftate, fhall be awarded of the body of the proper county where fuch iffue is triable; excepting in fuch cases in which foreign juries fhall be deemed neceffary; in which cafes the venire facias fhall be awarded of the body of the county from which fuch foreign jury are directed to come.

Ad be it further enacted by the authority aforefaid, That all jurors (other than ftrangers upon trials per medie atem lingue who fall be return