appealed. And where any fuch indictment or appeal is or shall be taken before juftices affigned to hear and determine, or before juftices of the peace, or before any other having power to take fuch indictments or appeals, and fhall be removed or delivered into the fupreme court, by certiorari or otherwife, no exigent fhall be awarded by the fame fupreme court, until fuch writ of capias with proclamation fhall be awarded, and ferved and returned as aforefaid. And if any exigent fhall be awarded upon any fuch indictment or appeal before fuch capias with proclamation be awarded, ferved and returned as aforefaid, and outlawry be upon that pronounced, as well the exigent fo awarded and the outlawry thereupon, and every of them, fhall be holden for none and void; and the party against whom fuch exigent shall be awarded, or outlawry pronounced, contrary to the form aforefaid, fhall not be endamaged thereby, nor put to loss of his or her life, or goods or chattels, lands or tenements.

VII. And be it further enaded by the authoriy aforefaid, That in every action perfonal, and in all cafes of indictments and informations for trefpafles or mildemeanors, wherein or whereupon any writ of exigent fhall be awarded out of any court, one writ of proclamation fhall be awarded and made out of the fame court, having day of teft and return, as the faid writ of exigent fhall have, directed and delivered of record to the fheriff of the county where the defendant, at the time of the exigent fo awarded, fhall be dwelling; which writ of proclamation fhall contain the effect of the fame action, indictment, or information. And the fheriff of the county unto whom any fuch writ of proclamation fhall be directed, shall make, or caufe to be made, three proclamations, in the form following; That is to fay, One of the fame proclamations in his open county court, and one other of the fame proclamations at the general feffions of the peace in thofe parts where the party defendant, at the time of the exigent awarded, fhall be dwelling, and one other of the fame proclamations, one month at least before the fifth demand, by virtue of the faid writ of exigent, at or near to the most usual door of the church of the town or place where the defendant fhall be dwelling at the time of awarding the faid exigent; and if there be more than one church in fuch town, then at or near the most ufual door of the church nearest the defendant's dwelling; and if there be no church in fuch town, then at or near the moft ufual door of the church in the next town neareft the defendant's dwelling, and upon a Sunday, immediately after divine fervice and fermon, if any there be; and if any fuch defendant fhall, at the time of awarding the exigent, refide out of this ftate, then fuch writ of proclamation shall be directed to and executed by the fheriff to whom the exigent fhall be directed; and in fuch cafe fuch writ of proclamation fhall be published, in one or more of the news-papers to be printed in the city of New-York, for twelve feveral weeks before the return of the exigent. And that all outlawries had and pronounced, and no writs of proclamations awarded and returned, according to the form of this ftatute, fhall be utterly void and of none effect, and may be avoided by averment, without fuing out any writ of error.

VIII. And be it further enacled by the authority aforefaid, That before any reverfal of any outlawry be had, by plea or otherwife, and before any allowance of any writ in error upon any outlawry, the defendant and defendants in the original action or fuit, fhall put in bail, if bail was required in fuch original action or fuit, not only to appear and answer to the plaintiff in the former fuit, in a new action to be commenced by the faid plaintiff, for the cause mentioned in the first action, but alfo to fatisfy the condemnation, if the

plaintiff fhall begin fuch fuit before the end of two terms next after the allowing of the writ of error, or otherwise avoiding of the faid outlawry.

IX. And be it further enacted by the authority aforefaid, That no perfon or perfons whomioever, who are or fhall be outlawed, in any court, for any caufe, matter or thing whatsoever, other than for treafon or felony, fhail be compelled to come in perfon into court, or appear in person in court, to reverfe fuch outlawry; but fhall or may appear by attorney, and reverfe fuch outlawry, without bail, in all cafes, except where special bail shall be ordered by the court.

in perfonal actions,

X. And be it further enacted by the authority aforefaid, In cafes of outlawry That in all cafes where an outlawry fhall be had before how plaintiff is to judgment in any perfonal action, the plaintiff at whofe proceed to recover his fuit the fame outlawry fhall be had, may fuggeft and fet debt or damages. forth his caufe of action upon the roll of the exigent. after the return of the fame, upon which a writ fhall be iffued to the fheriff of the county where the action fhall be brought, to fummon a jury to appear in the fame court where the action shall be brought, if the fame fhall be brought in any other court than the fupreme court; and if the fame action fall be brought in the fupreme court, then before the juftices or juftice of the fupreme court, at the next circuit court to be held in the county where fuch action fhall be brought, to enquire into the truth of the matters charged by the plaintiff, and to affefs the damages that the plaintiff fhall have fuitained thereby. And if the action fhall be in the fupreme court, it fhall be commanded, in the fame writ, to the juftices or justice who fhall hold fuch circuit court, that he or they fhall make a return thereof to the fupreme court, at the time in fuch writ mentioned; and upon the return of fuch writ, if the action shall be in the fupreme court, or upon the execution of fuch writ, if the action shall be in any other court, execution fhall be awarded for the fum found by the jury, with cofls, both upon the outlawry and profecution of the faid enquiry. And further, That upon the execution of every fuch writ of enquiry, the plaintiff fhall prove his caufe of action and debt or damages, in the fame manner as if the defendant had appeared and traverfed the fame.

being paid or levied,

XI. And be it further enacted by the authority aforefaid, Debt or damages That upon the payment of the fum fo found upon fuch enthe operation of the quiry as afore faid, with cofts as aforefaid; or where any outlawry to ceafe. outlawry fhall be had after judgment in any perfonal action, upon payment of the debt or damages and colts adjudged, or upon the fame being levied by any execution, or brought into court by the defendant, fuch outlawry and judgment fhall be confidered as fatisfied, and shall cease to have any further or other operation; and an entry fhall, in fuch cafe, be made on the roll of the exigent, after the return of the fame; and after the execution or return of the enquiry, where fuch enquiry as aforefaid fhall be made, that the debt or damages and cofts are paid or levied, or brought to court; and that the defendant, as to the outlawry, or judgment and outlawry, and all execution thereupon, go without day. And further, That no outlawry in any perfonal action, fhall work any difability or forfeiture whatfoever, in favour of any other perfon than the plaintiff at whofe fuit it fhall be had.

Rr

CHAP. X.

da ACT nerting the Carts of Common Pleas and General Serous of the Peale.

T

BE

T..

Paffed 5th February, 1787. Eperated by thepeople of the fate of Now-York, repreferid in fenato dagens kandh 1 rely ended by the autho iyo the jame, That of bolding the count of general fellions of the peace, in and for the city and county of New-York, fhall be held on the first Tallays in February, May, Augut, and November, in every year; each of which feffions of the peace may lait, continue, and be held until the feveral Tuays next following, inclusive.

That the courts of common pleas and general feffions of the peace, in and for the county of Albany, fhall be held at the city-hall of the city of Albany, on the third Tuefday in January, and the first Tuesdays in June and October, in every year; each of which courts may laft, continue, and be held until the feveral Tueidays next following, inclufive.

That the courts of common pleas and general kilions of the peace, in and for the county of Suffolk, fhall be held at the court-house in the fame county, on the laft Tuesday in March and the firft Tue day in October, in every year, and may continue and be held unul the feveral Saturdays next following, inclusive.

That the courts of common pleas and general feffions of February terin abos the peace, in and for the county of Queen's, fhall be held Wined, i 3th fuff, ch. 27. at the court-houfe in the fame county, on the first Mondays in February and June, and the fecond Monday in November, in every year, and may continue and be held until the feveral Saturdays next following, inclufive.

That the courts of common pleas and general feffions of the peace, in and for the county of King's, fhall be held at the court-house in the fame county, on the third Tuesdays in April and October, in every year, and may continue and be held until the feveral Saturdays next following, inclufive.

lihed 14th fol. ch. 6.

That the courts of common pleas and general feffions of January rern ab the peace, in and for the county of Richmond, fhall be held at the court-houfe in the fame county, on the fourth Monday in January, the first Monday in May, and the fourth Monday in September, in every year, and may continue and be held until the feveral Saturdays next following, inclufive.

ty. Altered, 14th Kf ch. 25.

That the courts of common pleas and general feffions of In Weftchefter cun the peace, in and for the county of Weftchefter, fhall be held on the fourth Mondays in January, May and September, in every year, and fall be held alternately at the court-houfe at the WhitePlains, and at the court-house at Bedford, and may continue and be held til the feveral Saturdays next following, inclufive.

That the courts of common pleas and general feffions of the peace, in and for the county of Orange, fhall be held on the fecond Tuesdays in February, May and October, in every year, and fhall be held alternately at the court-houfe in the New-City, and at the court-houfe in Gofhen, and may continue and be held until the feveral Saturdays next following, inclufive.

That the courts of general feffions of the peace, in and for the county of Ulfler, fhall be held at the court-houfe in the fame county, on the first Tue day in May, and on the third Tuesday in September, in every year, and ma

continue and be held until the feveral Saturdays next following, inclufive and that the court of common pleas, in and for the faid county of Ulfier, fhall be held at the court-houfe in the fame county, on the first Tuesdays in January, May and July, and the third Tuesday in September, in every year, and may continue and be held until the feveral Saturdays next following, inclufive.

That the courts of common pleas and general feffions of the peace, in and for the county of Durchefs, fhall be held at the court-houfe in the fame county, on the third Tuefdays in January and May, and the fecond Tuesday in October, in every year, and may continue and be held until the feveral Saturdays next following, inclufive.

ty. Altered, 14th self. ca. 25.

That the courts of common pleas and general feffions of In Columbia coun- the peace, in and for the county of Columbia, fhall be held at the court-house at Claverack, on the fecond Tuesdays in January, May and September, in every year, and may continue and be held until the feveral Saturdays next following, inclufive.

That the courts of common pleas and general feffions of In Washington coun- the peace, in and for the county of Washington, fhall be ty. Altered, 10th feff. held at ‡ Salem, in the fame county, on the fecond Tuefch. 102. fec. 23. day in February, the laft Tuesday in May, and the first Tue day in November, in every year, and may continue and be held until the v eral Saturdays next following, inclufive.

And that the courts of common pleas and general feffions of the peace, in and for the county of Montgomery, fhall be held at the court-house in the fame county, on the fecond Tuesdays in February, June and October, in ev ery year, and may continue and be held until the feveral Saturdays next following, inclufive.

II. Provided always, and be it further enacted by the authority aforefaid, That it shall and may be lawful to and for the judges and juftices of the faid retpective courts of common pleas and general fellions of the peace refpectively, when they conceive the due adminiflration of juftice will admit thereof, to adjourn the faid courts refpectively, to the next fucceeding term, on any day preceding the last day to which the power of holding fuck of the faid courts is hereby extended as aforefaid; and that all procefs which fhall be if fued out of the faid courts respectively, fhal! always bear teit the day on which the faid refpective courts fhall have adjourned.

Courts of New-Yor

III. And be it further enacted by the authority afor fund, Terms of mayors That the terms of the mayors courts of the cities of Newand Albany, extended York and Albany, fhall be, and hereby are lengthened and to thee days. extended to three days. Provided nevertheless, That when the bufines of any of the faid refpective courts fhall be completed, the faid. courts may adjourn to the next term, without fitting until the end of the term; and that all procefs illuing out of the faid refpective courts, fall always be tefted the day on which the court fhall have adjourned.

W. d be it further enacted by the authority aforefaid, That the fa'd courts of common pleas and mayors courts, fhall be, and hereby are refpectively authorised and empowered to hear, try and determine, according to law, all actions real, perfonal, and mixed, fuits, quarrels, controverfies, and differ-, ences arifing within the feveral and respective cities and counties for which the fame are or fhall be held.

V. Ad be it further enacted by the authority afreflid, That the mayof recorder and aldermen of the city of New-York, or any three of themk/

whom the mayor or recorder always to be one, fhall have power to hold fuch courts of general feffions of the peace, and mayors courts in the faid city; any charter, law or ufage to the contrary notwithstanding. And that

the judges and affiftant juftices of each of the other counties in this flate, or any three of them, of whom one of the judges of the court of common pleas always to be one, fhall have power to hold fuch courts of common pleas in their respective counties; any law or ufage to the contrary notwithflanding.

VI. And be it further enacted by the authority aforefaid, That all affidavits to be taken before any juftice of the fupreme court, in or concerning any caufe, matter or thing, depending, or hereafter to be depending, or in any wife concerning any proceedings to be had in any of the faid courts of common pleas, or courts of general feffions of the peace, or mayors courts, fhall or may be read and made ufe of in the faid courts refpectively, in the fame man-, ner, and thall be of the fame force and effect, to all intents and purposes, as if they were or had been taken before one of the judges or juftices of the faid courts of common pleas, courts of general feflions of the peace, or mayors courts refpectively.

VII. And whereas an opinion hath prevailed, that no diminution can be alledged of records removed by writ or writs of error, from any of the mayors courts, or courts of common pleas, in the feveral cities and counties of this flate, and that therefore not only the declaration, pleadings, verdict and judgment, but the plaint, procefs, continuances, and all other proceedings in each caufe in the faid refpective courts, muft be fet forth fpecially and particularly in the record of the judgment therein, which occafions a very confiderable expence to the parties, and is productive of many inconveniencies; For remedy whereof, Be it further enacted by the authority aforefaid, That in all records of judgments hereafter to be made up and entered in any of the faid courts, in any caufe now depending, or hereafter to be brought therein, it fhall be fufficient, immediately after the caption thereof, to enter the declaration, without fetting forth or entering upon the fame record, the plaint or process against the defendant or defendants; and then, if judgment is not entered, or the defendant or defendants fhall not plead at the fame term of which the declaration is filed, an imparlance fhall be entered to the term when judgment is entered, or the plea of the defendant or defendants shall come in, without entering the continuances from term to term; and when an iffue fhall be joined to be tried by a jury, if the fame is not tried at the next term after the joining thereof, inftead of entering all the continuances from term to term, unul the trial, it fhall be fufficient to enter the continuance upon the record, in the following form: And hereupon the procefs thereof is continued between the parties aforefaid, of the plea aforefaid, in this fame court, before the mayor, recorder and aldermen of the city of New-York, or Albany, or Hudfon, or judges and affiflant juices of the fame court, as the cafe may be, until the term when the fame iffue fhall be tried, or fome neceflary rule or order made concerning fuch caufe, or the trial thereof, if any fich fhall be made. And further, That the caption of all records of judgments in the faid mayors courts, fhall be in the following form: Pless in the court of common pleas, called the mavors court, held at (uch place, of or in fuch city as the fame court fhall be actually held) in and for the faid city, before the mayor, recorder and aldermen of the fame city, on (fuch day as the process against the defendant or defendants in fuch caufe fhall be returnable, and be returned ferved.) And that the caption of all record- of