tinued. town officers, elected in the said several towns of Claverack, Kin- Officers con derhook and Chatham, who reside within the limits of the town of Ghent, to do and perform all the duties appertaining to their offices respectively, in the same manner as if this act had not passed, until the next annual town meeting. Estimate to bridge. V. And be it further enacted, That it shall be the duty of the be made for board of supervisors of the county of Columbia, at their next ses. the repairs of sion, to appoint three respectable freeholders, being respectively inhabitants of the said county, not residing in either of the said towns of Kinderhook, Claverack and Chatham, or the town hereby erected, whose duty it shall be to examine into the number, state and extent of the bridges within the territory now constituting the towns of Chatham, Claverack and Kinderhook; and if they shall be of opinion that the burthens of the said towns and the town hereby created, arising from the support of the said bridges are unequal, that then in such case, it shall be the duty of the commissioners to equalize the said bridges among the said several towns, particularly designating the same, and by which town they are there. after to be supported, and to make return of their proceedings at the next court of common pleas of the said county, after the same shall have been completed, who may at the instance of either party, in their judgment, re-examine the same, and affirm or alter the decision of the said commissioners, and the decision of the said court shall be final and conclusive; and that it shall be the duty of the several towns to support the said bridges with the support of which they shall be thus charged: Provided, that no judge residing in either of the towns affected by this act, shall sit in judgment on any questions growing out of this act, nor shall the supervisors of the said respective towns, interested in this act, be entitled to vote on the appointment of the commissioners directed by this section to be made. VI. And be it further enacted, That the inhabitants of the town hereby erected residing in that part of the said town taken from the said town of Kinderhook, shall pay their proportion of the debts of the said town of Kinderhook, incurred for the support and erection of bridges, and for the support and maintenance of the poor, (deducting therefrom the value of the public property of the said town except bridges) to be assessed and collected in the same manner as if this act had not been passed. Ghent topay its propor tion of o pences. CHAP. XCII. AN ACT authorising the supervisors of the county of Ulster to raise a sum of money for the purposes therein mentioned. Passed April 3, 1818. ed. I. Be it enacted by the people of the state of New-York, repre- Certain mon. sented in senate and assembly. That the supervisors of the county ies to be rais of Ulster, at their next annual meeting, cause to be assessed, levied and collected, on and from the freeholders and inhabitants of the town of Kingston, in the county of Ulster, in the same manner as Deficiency the other contingent charges of said town are, by law, directed to be levied and collected, the sum of two thousand dollars in addition to the sum which they are, by law, authorised to levy and collect for the improvement of roads and bridges in said town. for the purpose of building a bridge over the Esopus creek in said town, near the village of Kingston, on the site of the former bridge, and whe:e the Ulster and Delaware turnpike road crosses said creek; and that the collector of said towu pay the said sum of two thousand dollars to the treasurer of the said county of Ulster. II. And be it further enacted, That it shall be the further duty how raised. of the supervisors of the said county, and they are hereby required in case the said sum of two thousand dollars shall not be sufficient to defray the expenses of building said bridge, to raise in like manner, at their meeting next after their notification of the deficiency, the further sum of five hundred dollars for the completion of said bridge. Commissioners appoint. III. And be it further enacted, That George Eddy, Henry H. ed for certain Schoonmaker and Johannes M. Van Keuren, shall be the commispurposes., sioners to superintend the building of said bridge; each of whom shall receive for every day of his actual employment as such commissioner, the sum of two dollars, to be retained out of the money hereby authorised to be raised; and before the said commissioners, or either of them, shall enter upon the duties of their office, or receive the said sum of money from the treasurer, they shall deposit with the supervisor of the said town of Kingston, for the benefit of said town, their joint and several bond to be executed to the people of the state of New-York, with such surety or sureties as the supervisor of said town of Kingston shall approve, in the penal sum of five thousand dollars, conditioned for the due performance of their duties, and the faithful expenditure of all monies which shall or may come to their or either of their hands, for the purposes aforesaid; and it shall be the duty of the said commissioners, before the last l'uesday of February next, after the passing of this ac', to account with the supervisor of the said town of Kingston, for all monies by them received and expended in the performance of their du. ties as such commissioners. May contract for bridge. IV. And be it further enacted, That it shall and may be lawful for the said commissioners, or any two of them, to contract for the erection and building of said bridge, upon such terms, and in such manner, as to them shall seem proper: Provided however, that the said bridge be complete and finished by the first day of January next after the passing of this act. CHAP. XCIII. AN ACT to amend an act, entitled “an act for the benefit of the St. Regis Indians," passed March 26, 1802, and for other pur poses. Passed April 3, 1818. Be it enacted by the People of the State of New-York, represen ted in senate and assembly, That in consequence of the death of two of the trustees named in the act of the twenty-sixth of March, one thousand eight hundred and two, for the benefit of the St. Regis Indians, Peter Tarbell and Jacob Francis, chiefs of said tribe, be and they are hereby appointed trustees for said tribe, to act with the surviving trustee, Lorau Tarbell. CHAP. XCIV. AN ACT to extend the jurisdiction of Justices of the Peace. of the Justi I. Be it enacted by the people of the state of New-York, repre- Jurisdiction sented in senate and assembly, That all actions of debt, detinue, ees in certain covenant, trespass on the case, and trespass, including trespass on civil cases. any lands or other real estate wherein the balance due, or damages or thing demanded, shall exceed twenty-five dollars, and not exceed fifty dollars; and all sums of money over twenty five dollars, and not exceeding fifty dollars, to be sued for and recovered in any court of record, by virtue of any statute of this state, as well by and of executors and administrators as others, and as well against attornies and other officers of any court of justice of this state (except during the sitting of such court) as others, shall be cognizable before any justice of the peace of any city or county; and every such justice is hereby authorised to hold a court for the trial of all such actions, and to hear, try and determine the same according to law and equity, and is hereby vested with all such powers for the purpose aforesaid, as is usual in courts of record in this state, aud shall sign all process to be issued by him: Provided always, That no justice of the peace Provigo. shall have cognizance of any action wherein the people of this state shall be concerned, or where the title of land shall in any wise come in question, except as aforesaid; nor of any action of assault and battery, or imprisonment or of slander, or malicious prosecution, por of matters of account where the sum total of the accounts of both parties, proved to the satisfaction of the justice, shall in the whole amount to four hundred dollars, nor of any action to be brought against an executor or administrator, for any debt or demand due from the estate of any testator or intestate. Where bat fendant dollars, II. And be it further enacted, That in every case where thence due debalance found due to the defendant, in any action brought by virtue ceeds fifty of this act, shall exceed the sum of fifty dollars, the justice shall enter judgment against the plaintiff for costs, and the defendaot shall not be precluded from recovering the same account or demand against the plaintiff in any court having cogoizauce of the same. !Defendant cases of set III. And be it further enacted, That no defendant in any action not preclud brought by virtue of this act, shall be precluded from having any ed in certaiu action against the plaintiff to recover his debt or demand, or any part thereof, provided the sum shall exceed fifty dollars, over and above all just set off the plaintiff may have against the defendant, exclusive of the judgment which the plaintiff may have obtained ble. Sett oft against the defendant, notwithstanding such defendant may have neg lected to set off the same against the plaintiff before the justice of the peace, according to the provisions of the several sections of this act. IV. And be it further enacted, That if the defendant in any acwhen pleada tion to be brought by virtue of this act, hath any account or demand against the plaintiff, other than debts secured by bood and mortgage, or in judgment, he may plead and set off the same against the debt or demand of the plaintiff; and if any defendant shall neglect or refuse so to do, such defendant shall forever thereafter be precluded from having any action agains the plaintiff to recover the same, or any part thereof: Provided, That nothing herein contained shall authorise or require any defendant to set off any damages arising or accruing from any trespass done or committed by the plaintiff to the defendant, or any other demand, except such only as may arise on contract either express or implied by law. Proviso. Plaintiff to V. And be it further enacted, That if the plaintiff, in any suit pay costs in which may be brought in any court of record within this state, after certain cases. the first day of June next, shall fail to recover a sum exceeding fifty dollars, he shall not recover any costs of the defendant: Provid ed, the suit so brought might have been commenced before a jus tice of the peace, by virtue of this act. by confession VI. And be it further enacted, That it shall be lawful for any Judgments justice of the peace within this state, to enter a judgment by confesto 100 dolls. sion of the defendant, in all cases where the judgment so confessed shall not exceed one hundred dollars, with such stay of execution as may be agreed on by the parties interested in said judgment. case required Oath of plain VII. And be it fur her enacted, That the defendant in any judg. tiff in that ment to be entered by confession, before any justice of the peace, by virtue of the sixth section of this act, shall, before the entering the same, set forth the particular items of the demand, and make oath, that he is honestly and justly indebted to the plaintiff in the sum to be named in the said judgment, over and above all just demands which the defendant may have against him, and that the confession of judment as aforesaid, is not to be made for the purpose of defrauding any creditor; and if the said defendant shall swear falsely in the premises, and shall be thereof duly convicted, he shall be liable to all the pains and penalties of perjury; and any judgment entered by coufession as aforesaid, where the defendant shall not comply with the provisions of this section, shall be void. VIII. And be it further enacted, That no execution shall issue Execution on any judgment given by virtue of this act, unless by consent of when to issue the parties, in less time than three calendar months from the time of entering the same: Provided, the defendant shall give a bond with security, to be approved of by the justice before whom such judg ment shall be obtained, for the payment of the debt and costs, at the expiration of the said three months, or surrender the body in execution within thirty days thereafter. IX. And be it further enac'ed, That it shall be the duty of any justice of the peace, on the demand of any person in whose favor a judgment shall have been entered by such justice, by virtue of Transcript ment when and how to operate as a this act, to give a transcript of the same, together with the original bond of security for stay of execution, in case any such bond has been given, and the said transcript and bond may be filed in the of fice of the clerk of the county wherein such judgement shall have &c. of judg been obtained; and it shall be the duty of the said clerk, to file the to be given transcript of the judgment and bond, and enter the judgment, in a book to be by him kept for that purpose, together with the time of lien on real his receiving the same; and any judgment so entered by the said clerk, shall, from and after the time of his receiving it as aforesaid, be a lien on real estate, to all intents and purposes, as if the said judgment had been rendered in the court of common pleas of the county where such judgment shall be given. estate. Execution to clerk in cer. X. And be it further enacted, That in case any judgment given. by virtue of this act shall have been recorded by the clerk of the be issued by county as aforesaid, the execution thereon shall be issued by the said the county clerk, tested in the name of the justice before whom such judg- tain cases. ment was obtained, and sigued by such clerk, under the seal of his office, and directed to the sheriff of the said county, commanding him to levy the same on the goods and chattels, lands and tenements of the person against whom the judgment shall have been obtained, and make sale thereof according to law; and for want of goods and chattels, lands and tenements whereon to levy, to take the body of the defendant, and commit him to the gaol of the said county, there to remain until discharged by due course of law; and to make return of his proceedings thereon, within ninety days from the date thereof; and if the said sheriff shall neglect or refuse to make due return of the execution within the time therein specified, he shall be holden to pay the amount of the said execution. to be recovered by action of debt, with costs, by the person in whose favor such execution was granted, in which case execution shall issue, forthwith, against such sheriff. other cases to XI. And be it further enacted, That the execution in any judg- Eecution in ment rendered by virtue of this act, and not recorded in the office be issued by of the clerk of the county, shall be issued by the justice who the justice & may constable have rendered the same, and directed to a constable, to be returned when liable for negleet. in ninety days, who shall proceed to collect the amount thereof, in the mauner now directed on executions issued by virtue of an act, entitled "an act for the recovery of debts to the value of twentyfive dollars," passed April 5, 1813, except that the said constable shall not be holden to pay the amount of the said execution. provided he shall levy the same within forty days from the time of his receiving the said execution. Forms of pro ceeding as under format XII. And be it further enact d, That the form of proceedings under this act, shall be in all respects the same as under the aforesaid act, entitled "an act for the recovery of debts to the value of act. twenty-five dollars"; and all the provisions of the said act, and the amendments thereto, are hereby declared to apply to this act, except as herein otherwise directed, and no other or greater fees shall be allowed for performing services under this act, than are allowed under the aforesaid act, except as herein after mentioned. XIII. And be it further enacted, That the fees for services to Fees be performed by virtue of this act, not now provided for by law, |