judgments in the feveral courts of common pleas in the feveral counties of this ftate, fhall be in the following form: Pleas in the court of common pleas, held at (fuch place as the fame court fhall be actually held) in and for the county of Wettchefter, or other county, as the cafe may be, before the judges and aliiftant juftices of the fame court, on (fuch day as the process against the defendant or defendants in fuch cafe fhall be returnable, and be returned ferved.) And that it fhall not be neceflary in any fuch records in any of the faid mayor's courts, or courts of common pleas in the feveral counties, to infert the names of the mayor, recorder, aldermen, judges or afliftant juftices, or any of them, either in the caption of the fame records, or in any continu ance, or other part of the fame records; nor fhall it be neceffary in any fuch record, to fet forth the authority by which any fuch court is held.

VIII. And be it further enalled by the authority aforesaid, That upon the removal of any fuch record by writ of error, or upon error brought in any manner, upon any fuch judgment, it fhall be lawful to alledge any diminu tion, or defect, or variance, or the want of any process or proceeding, in the fame manner, and the like proceeding fhall be thereupon had, as may or ought to be done in cafes of error upon judgments in the fupreme court.

IX. And be it further enacted by the authority aforesaid, That there fhall be taken, allowed and paid, for drawing, making up and entering or engrofling every fuch record, in any of the faid mayors courts, or other courts of common pleas, the fum of twelve fhillings, and no more, to be taken by the attorney or clerk who fhall do the fervice. And further, That no execution in any cafe fhall be iffued until the judgment is made up and figned.

X. And be it further enacted by the authority aforesaid, 'That inftead of the fees allowed for drawing a declaration in any of the mayors courts, or courts of common pleas in the feveral cities and counties within this flate, in and by an act, entitled, An act for regulating the fees of the feveral officers and minifters of the courts of juftice within this flate; there fhall be allowed, paid and taken, the fum of fix fhillings, and for a copy of fuch declaration, the fum of three fhillings, and no more.

XI. And be it further enacted by the authority aforefaid, That all former laws for fixing the times and places of holding the faid courts of common pleas and general feffions of the peace, and mayors courts of the cities of New-York and Albany, fhall be, and hereby are repealed.

CHAP. XI.

An ACT for the further Direction of the Commisioner of Forfeitures for the Eaftern Diftris.

Pafled 5th February, 1787.

BE it enacted by the people of the Hate of New-York, reprefenced in fende

and fembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful to and for the commiffioner of forfeitures for the Falem diflrict, toll and difpofe of, at public vendue at the coffee-houfe in the city of New-York, all, or fuch parts as he fhall think proper, of the forfted elates fituated in the faid Eaftern d'thi; any law to the contrary hereof in any wife notwithstanding. Provided nevertheless, That the faid commiffioner fhall have, previous to any fuch fales, advertited the fame in two of the public news-papers printed in this flate, for the term of fix weeks fu.cellively.

I.

No higher interest

CHAP. XIII.

An ACT for preventing Ufury.

Pafled 8th February, 1787.

1. BE it enated by the people of the fate of New-York, reprefented in fenate and affen.bly, and it is hereby enacted by the authority of the fame, That no perfon or perfons whomfoever, fall hereafter than 7 per cent, per take, directly or indirectly, for loan of any monies, wares, annum, to be taken; merchandize, or other things whatfoever, above the value of feven pounds for the forbearance of one hundred pounds, for one year, and fo after that rate for a greater or lefs fum, or for a longer or fhorter time; nor take any bond, bill, note or fecurity whatfoever, for payment of money to be lent, or to be due or payable by any means whatfoever, whereupon or whereby there fhall be referved, or taken, or included, above the rate of feven pounds in the hundred, as aforefaid. And further, That all bonds, And all fcurities bills, notes, contracts and affurances whatfoever, and all where more than 7 per depofits of goods, or other things whatsoever, for payment of any principal or money to be lent, or covenanted or agreed to be paid, upon or for any ufury, whereupon or whereby there fhall be referved, or taken, or fecured, or agreed to be referved or taken, above the fum of feven pounds in the hundred, as aforesaid, fhall be utterly void.

ent, is taken, declared

void.

Tm 7 per cent. may

II. And be it further enacted by the authority aforefaid, Perfons paying more That if any perfon or perfons whomfoever, shall hereafter cover back the fame, take, accept, or receive, by way or means of any corrupt bargain, loan, exchange, chevizance, fhift, or intereft of any money, wares, merchandize, or any other thing or things whatsoever, or by any deceitful ways or means, or by any covin, engine, or deceitful Conveyance, for the forbearing, or giving day of payment for one whole year, of or for, his, her or their money, or other thing, above the fum of even pounds, either in money, goods, or any other thing whatsoever, for the forbearing of one hundred pounds, for one year, and fo after that rate for a greater or lefs fum, or for a longer or fhorter time; the perfon or perfons fo paying any fuch fums of money, or delivering any fuch goods, or other thing, his, her or their exccutors or adminiftrators, fhall be at liberty, at any time within one year then next, to fue for and recover the money fo paid, or the value of the goods or other thing fo delivered, above the rate aforefaid, or any part thereof, from the perfon or perfons who fhall have taken, accepted or received the fame, or from his, her or their executors or administrators, with cofts of fuit, by action of debt founded on this act, to be procured in any court of record having cognizance of the fame; in which tions it fall be fufficient for the plaintiff or plaintiffs to alledge, that the defendant or defendants, or his, her or their teftator or inteftate, is or are, or were indebted to the plaintiff or plaintiffs, or to his, her or their teilator or jatellato, in the fum fo paid, or the value of the goods or other things fo delivered, over and above the rate aforefaid, whereby an action accrued to the plaintiff or plaintis, according to the form of the flatute, entitled, An act for preventing ufury, to demand and have of the defendant or defendants, or his, her or their teftator or inteftate, the faid fum, without fetting forth the special matter. And in cale the perfon or perfons fo paying any fuch 1um or fums of money, or fo delivering any fuch goods or other thing, fall not, within the time aforefaid, really and bona fide, and without covin or collufion, commence his, her or their fuit or action for the money fo paid, or

for the value of the goods or other things fo delivered as aforefaid, or fhall fuffer fuch fuit or action to be delayed or difcontinued, then it shall and may be lawful for any other perfon or perfons, within one year after fuch neglect, difcontinuance or delay, by any fuch action or fuit as aforefaid, to fue for and recover the fame in manner aforefaid, with colls of fuit, against the perfon or persons who fhall have taken, accepted or received the fame, his, her or their executors or adminiftrators; the one moiety thereof to the use of the perfon or perfons who will profecute for the fame with effect, and the other moiety thereof to the ufe of the poor of the town or place where the offence fhall be committed.

to brokers.

III. And be it further enacted by the authority aforefaid, That no fcrivener, broker, folicitor, or driver of bargains or contracts, fhall hereafter take or receive, directly or indirectly, any fum or fums of money, reward, goods, Premium allowed or other thing, for brokage, foliciting, driving, or procuring the loan or forbearance of any fum or fums of money, over and above the rate or value of ten fillings, for the loan or forbearance of one hundred pounds, for one year, and fo in proportion for a greater or less fum; or above three fhillings for making or renewing any bond, bill, note or other fecurity, for the loan or forbearance thereof, or for any counter bond, bill, or other fecurity concerning the fame. And in cafe any fcrivener, broker, folicitor, or driver of bargains or contracts, or any other perfon or perfons shall take, accept or receive, directly or indirectly, any fum cr fums of money, reward, goods, or other thing, or any depofit or fecurity, for brokage, foliciting, driving, or procuring the loan or forbearance of any fum or fums of money, over and above the rate or value of ten fhillings, for the loan or forbearance of one hundred pounds, for one year, and fo in proponion for a greater or lefs fum; the perfon or perfons fo paying fuch fum or fums, or delivering or depofiting any fuch goods, or other thing, above the rate aforefaid, or his, her or their executors or adminiftrators, shall be at liberty, at any time within one year after paying or delivering the fame, to fue for and recover the money fo paid, and the value of the goods, or other thing fo delivered or depofited above the rate aforefaid, or any part thereof, from the perfon or perfons who fhall have taken, accepted or received the fame, or from his, her or their executors or adminiftrators, with cofts of fuir, by action of debt, founded on this act, to be profecuted in any court of record having cognizance of the fame; in which actions it fhall be fufficient for the plaintiff or plaintiffs to alledge, that the defendant or defendants, or his, her or their teftator or inteftate, is or are, or were indebted to the plaintif or plaintiffs, his, her or their teftator or inteflate, in the fum fo paid, or the value of the goods or other thing fo delivered or depofited, over and above the rate aforefaid, whereby an action accrued to the plaintiff or plaintiffs, or to his, her or their teftator or inteftate, according to the form of the ftatute, entitled, An act for preventing ufury, to demand and have of the defendant or defendants, or his, her or their teftator or inteftate, the faid fum, withou fetting forth the fpecial matter. And in cafe the perfon or perfons fo paying any fuch fum or fums of money, or delivering or depofiting any fuch goods, or other thing, or his, her or their executors or adminithators, fhal! not, within the time aforefaid, really and bona fide, and without fraud or collufion, commence his, her or their fuit or action for the money fo paid, or for the value of the goods or other things fo delivered or depofited as aforefaid, over and above the rate aforefaid, or fall fuffer fuch fuft to be delayed or difcontinued; then it hall and may be lawful for any other perfor

or perfons, within one year after fuch neglect, difcontinuance or delay, by any fuch action or fuit as aforefaid, to fue for and recover the fame in manner aforefaid, with cofts of fuit, against the perfon or perfons who fhall have taken, accepted or received the fame, his, her or their executors or adminiftrators; the one moiety thereof to the ufe of the perfon or perfons who fhali profecute for the fame with effect, and the other moiety thereof to the ufe of the poor of the town or place where the offence fhall be committed. IV. And for the better difcovery of the money, goods or other things fo taken, accepted or received as aforesaid, upon or for the loan or forbearance of money goods, or other things, or for brokage, foliciting, driving, or procuring the loan or forbearance of any fum or fums of money; Be it further enaded by the authority aforefaid, That all and every the perfon or perfons who, by virtue of this act, fhall of may be liable to be fued for the fame, fhall be obliged and compellable to anfwer, upon oath, fuch bill or bills as fhall be preferred against him, her or them, in the court of chancery, for discovering the fum or fums of money, goods, or other thing, fo taken, accepted or received, as aforefaid. And further, That upon the difcovery and re-payment or return of the money, goods, or other thing fo to be discovered, the perfon or perfons who fhall fo difcover and repay or return the fame as aforefaid, with cofts of fuit, fhall be acquitted and difcharged from any further or other punishment, forfeiture or penalty, which he, fhe or they may have incurred or become liable to, by taking, accepting or receiving fuch money, goods or other thing o difcovered, and repaid or returned as aforefaid.

V. did be it further enacted by the authority aforesaid, That the act, entitled. An act for lowering the intereft of money to even per cent. paffed the 16th of December, 1737, be, and the fame is hereby repealed. Provided, That fuch repeal thail not be conftrued to affect any fuits already commenced, or which hereafter may be commenced, for any penalties heretofore incurred by force of the faid act; or to affect the right and benefit of pleading the faid ftatute in bar to any fuit already brought, or hereafter to be brought, upon any contr & heretofore made; but fuch fuits may be profecuted, and fuch pleas made and allowed, and judgments thereupon given, in the fame manner as if this prefent act had not been pailed.

I.

B

СНА Р. XIV.

An ACT to reduce the Laws concerning Cofts, into one Statute. Pafled 12th February, 1787. E it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is herely evated by the authority of the fame, That if any perfon or perfons fhall commence or fue in any court of record within this fate, any aftion, bill or plaint of debt, covenant, trefpals upon the cafe, detinue, account, or upon any ftature, for any offence or wrong perfonal immediately fuppofed to be done to the plaintiff or plaintiffs, trefpa's, ejustment, or any other action whatsoever, real, perfonal or mixt; and the plaint for plaintiffs, demandant or demandants, fhall, by verdict or otherwe recover damages in any fuch ation, bill or plaint, that then the plaintifo phni is, de nandant or demandants, in every fuch action, bill or plaint, fhell have judgment to recover his, her or their costs, against every fuch defendent or defendants, to be affeffed and taxed by the difcretion of the cour where any fuch action, bill or plaint fhall be cominenced, fued or taken; and

Thall be levied and recovered, together with the debt or damages aforefaid, against the body or bodies, or goods and chattels, lands and tenements of the defendant or defendants.

II. And be it further enacted by the authority aforesaid, That if any perfon or perfons fhall commence or fue, in any court of record within this flate, any action, bill or plaint whatfoever as aforefaid, wherein the plaintiff or plaintiffs, demandant or demandants, might have cofts (if in cafe judgment Thould be given for him, her or them) and the plaintiff or plaintiffs, demandant or demandants, in any fuch action, bill or plaint, after appearance of the defendant or defendants, be non-fuited, or that any verdict happen to pass by any lawful trial against the plaintiff or plaintiffs, demandant or demandants, in any fuch action, bill or plaint, that then the defendant or defendants, in every fuch action, bill or plaint, fhall have judgment to recover his cofts against every fuch plaintiff and plaintiffs (except against executors or adminif trators profecuting in the right of their teitators or inteltates) demandant or demandants, to be affeffed and taxed by the difcretion of the court where any fuch action, bill or plaint fhall be commenced, fued and taken as aforefaid; and also, that every defendant or defendants, fhall have fuch process and execution for the recovery and having of his, her and their coils against the fame plaintiff or plaintiffs, demandant or demandants, as the same plaintiff or plaintiffs, demandant or demandants, fhould or might have had against the defendant or defendants, in cafe that judgment had been given for the faid plaintiff or plaintiffs, demandant or demandants, in any fuch action, bill or plaint...

III. And be it further enacted by the authority aforefaid, That every avowant, and every other perfon or perfons that make avowry, juflification of cognizance, as bailid, or fervant to any perfon or perfons, in any replevin or fecond deliverance, if the fame avowry, cognizance or juflification, be found for them, or the plaintiff or plaintiffs in the fame be non-fuit, or otherwife barred, that then they fhall recover their damages and cofls against the faid plainti or plainti 's, as the fame plaintiff or plaintiffs fhould have done, if he, fhe or they had recovered in the fame replevin or fecond deliverance, if the fame had been found against the defendant or defendants.

IV. And be it further enacted by the authority aforefaid, That if any action, bill, plaint, fuit or caufe, not concerning any freehold, or inheritance, or title of land, nor for any aflault, battery or imprifonment, nor for flander, por replevin, nor malicious profecution, which have been or fhall be brought or commenced in any of the courts of common pleas, or mayors courts, Where plaintiff does in any of the cities or counties of this flatc, if the plaintiff not recover above ten fall not recover above the fum of ten pounds, not having pounds, he is to pay caused an affidavit on oath to be made and filed before the commencing fuch suit or action, that the debt due, or damSee 12th feff. ch. age fuflained, or the value of the thing in demand excced the fum of ten pounds, then, and in every fuch cafe, the plaintiff fhall not recover any cofts of fuit, but the court fhall award that the plaintiff fhall pay to the defendant, his or her colts, to be taxed; for which the defendant fhall have execution against the body or lands, and goods and chattels of the plaintiff.

cofts.

28. fec.6.

V. And be it further enacted by the authority aforesaid, That in all actions of trespass, and affault and battery, commenced or profecuted in the fu preme court, wherein the judge at the trial of the caufe shall not find and

S s