patent for the fame could not be obtained within the time limitted by law; Therefore,

Land office authoris

fed to grant letters

parent for all fuch and before a cer

BE i further enacted, That it shall be lawful tor the comCommiffioners of millioners of the Land office at any time betore the first day of March next, to grant letters patent for any lands for which they might have granted the fame fince the thirtieth fam other limited day of March, one thousand seven hundred and ninety-five, and that the perfons entitled to the fame be allowed at any time previously to perform the conditions refpectively enjoined on them by law.

day.

And be it further enacted, That in every cafe where a location has been made in virtue of any law of this ftate and the perton hav ng made the fame hall neglect to procure the title which the furveyor general is legally au thorized to give him until the full day of March next, and also in every cafe where a location as aforefaid fhail hereafter be made and the perion making the fame shall neglect to procure the title as aforesaid within one year thereafter, uch locations fhall be null and void, and the person or perions having made the fame be debarred of the rights which they might have by virtue thereof.

And be it further-enacted, That whenever it fhall be neceffary to authenicate by oath any bulinets to be done by any person under the fuperintendance or direction of the furveyor general, fuch oath may be adminiftered either by himfeli or by any public officer authorized to adminifter oaths.

And be it further enacted, That the fecond fection of the act ent tled “An act further to amend an act entitled an act for the speedy fale of the confifcated and forfeited eftates within this state and for other purposes therein mentioned," fhall be and hereby is repealed.

CHAP. LXX.

An ACT for the Relief of the Examiner in Charcery.

Paffed 11th April, 1796.

BE it enacted by the People of the State of New-York, reprefented in Senate

and Affembly, That infiead of the prefent allowance to the Examiner in Chancery for taking the examination of every deponent, he fhall be entitled for taking the examination to one fhilling and fix pence for each fheet containing ninety words, and for making a fair copy thereof for the witness to fign nine pence for each fheet containing ninety words, and for copies of all depofitions and exhibits for parties nine pence for each fheet containing ninety words.

And be it further enacted, That this act fhall continue and be in force until the last day of February, which will be in the year of our Lord one thou. fand, feven hundred and ninety eight and no longer.

END OF THE LAWS OF THE NINETEENTH SESSION.

LAW S

OF THE

STATE OF NEW-YORK,

Paffed at the TWENTIETH SESSION of the LEGISLATURE, begun at the CITY of NEW-YORK, and held by Adjournment at the CITY of ALBANY,

CHA P. I.

An ACT concerning the Appointment and Election of the Charter Officers of the Cities of New-York, Albany, and Hudjon, and concerning the Mayor's Court of the City of New-York.

BE

Paffed 3d January, 1797.

E it enacted by the People of the State of New-York, reprefented in Senate and Affembly, and it is hereby enacted by the authority of the fame, That it hall and may be lawful for the perfon adminiftering the govern ment of this ftate, for the time being, by and with the advice and confent of the Council of Appointment yearly and every year hereafter, to appoint the feveral Charter Officers in the refpective Cities of NewYork, Albany aud Hudfon, who are to be annually fo pointable annually appointed, at any time during the feffion of the Legiflaany time during the ture in each year; and every fuch prefent or future offeflion of the legida ficer fo appointed, fhall hold his office for one year from the time of his appointment, and until another fhall be appointed and fworn in his stead, any law, charter, cuitom or ufage to the contrary notwithstanding.

Charter Office is ap

may be appointed at

ture.

Mayor of the City

And be it further enacted by the authority aforefaid, That it fhall and may be lawful for every perfon hereafter appointed Mayor of the City of New-York, at any time within twenty days after fuch ap-. of New York may pointment, to take the oaths prefcribed by the Charter quality before any Commiflioner named. Of the faid City, to be taken by every perfon appointed Mayor thereof, in the prefence of any three or more of the Aldermen of the faid City, before fuch perfon or perfons as may be appointed by commiffion, under the great feal of this ftate, in the nature of a dedimus poteftatum, to adminifter the oaths required to be taken by perfons holding offices under this ftate, in the City of New-York, any thing in the faid charter to the contrary notwithstanding.

in e ther of fa'd cities

When any perfon e- And be it further enacted by the authority aforefaid, That lected to my office in cafe any perfon at any time hereaf.er elected to any is found not legally office, in either of the faid cities, fhall not be legally Common Council may qualified to ferve in fuch office, then and in every fuch order a new election. Cafe it fhall be lawful for the Common Council of fuch city as foon as they difcover the fame, to order a new election to be held

qual fied to ferve the

Vol. III.

A 2

for electing another perfon in the room of the perfon fo unquallied, it the fame manner as if the faid office had otherwile become vacant. Corporation of New-Whereas a reprefentation has been made to this LegifYork have rapro fnt. lature by the Mayor, Aldermen, and Common Council of in their charter as ex- the city of New-York, under their corporate feal, that certain alterations in the charter of the faid corporation are expedient to remedy inconvenience arifing from fome of the provifions therein. For remedy whereof,

ed certain alterations

pelien'.

Dlavor and Recorder

of SwY kempow ered to hd the Curt without the pref-nce of any of the Aluer

.of Common Piens

men.

Be it further enacted by the authority aftrefaid, That the Mayor and Recorder of the city of New-York, or either of them for the time being, fhall from time to time, and at all times hereafter, have power to hold the Court of Common Pleas, called the Mayor's Court, of and in the faid city of New-York, without the prefence of any of the Aldermen of the faid city, any law, charter, cuftom or ulage to the contrary notwithNothing in this aft to ftanding. But nothing herein contained fhall be confrom ficting as judges ftrued to prevent any of the Aldermen of the faid city from fitting as judges in the faid-court.

prevent th. Al ermen

in faid Court.

Certain alterations to b

And be it further enacted by the authority aforefaid, That in the records of judgments and other procels and proceedings in the faid Court of Common Pleas, called the Mayor's Court of and in the faid city of New-York, after the first day of February next, inhead of the words "Mayor, Recorder and Aldermen of the City of New-York, or of ale in the forin the fame city," the words "judges of the fame court," of proceedings. fhail be inferted. And from and after the faid first day of February next, all writs and procef. ifting out of or returnable into the fame court, fhall be ma le returnable" before the judges of the fame court ;" and all writs directed to the fame court fhall be directed to "the judges of the Court of Common Pleas, called the Mayor's Court in and for the city of New-York."

С НА Р. II.

An ACT further to continue the Treasurer of this State in Office. Paffed 3d January, 1797B E it enated by the People of the State of New-York, represented in Senate and jembly, That Gerard Baacker fhall be and hereby is continued in office as Treasurer of this State, until fixty days after the rifing of the Legislature at their next meeting, after the first day of July, which will be in the year of our Lord one thousand feven hundred and ninety-eight.

And be it further enaked, That the fail Gerard Bancker, if he thall take upon him the execution of the faid office, fhall on or before the tenth day of January next appear before one of the juftices of the Sapreme Court of this State, and take the following oath, "I Gerard Bancker, appointed Treafurer of the itate of New-York, do folemnly and fincerely fwear and declare in the prefence of Almighty God, thabl wili during my continuance in the faid office, well, faithfully and noneftly, to the best of my knowledge and ability, execute all and every of the duties appertaining to the faid office, and that I will not on any occafion or pretence apply any money, fecurities or other effects which fhail or may come to my hands, belonging to the faid ftate, to any pri vate ufes or purpofes whatfoever; and that when my accounts as Trea

furer fhall be examined in manner directed by law, I will exhibit a true account of fuch monies, fecurities and other effects, under this my oath of office. So help me God."

And be it further enacted, That the Speaker of the Affembly for the time being, fhall take a bond from the above named Gerard Bancker, on or before the tenth day of January next, with not lefs than four fuffi-. eient furetics to the people of this ftate, in the fum of twenty thousand pounds lawful money of this ftate, with a condition that the faid GerardBancker hall and will, well, faithfully and honeftly execute and perform the duties of the faid office, which bond when fo taken fhall bể lodged in the Secretary's office of this state.

And be it further enacted, That if the faid Gerard Bancker fhall, upon the expiration of the time for which by this act he is continued in office, procure and lodge in the office of the Secretary of this State, a certificate daly executed by the committee to be appointed for the fettlement of the accounts of the faid Gerard Bancker, expreting that his accounts as treaturer are regularly ftated and balanced; and allo that the balance of monies, fecurities and other effects belonging to the flate, if any there be, are actually in the treafury, or deponed as directed by law; fuch certificate when lodged in the office of the Secretary of this State, as aforelaid, thall be to all intents and purposes a discharge of the bend directed by this act to be given by the treafurer, with fureties for the faithful performance of the duties of his office as aforefaid.

CHA P. III.

An ACT concerning Writs of Error..

Pated 13th January, 1797.

E it enated by the People of the State of New-York, reprefented in Senate

Bandagembly, and it is hereby exacted by the authority of the jame, that

no writ of error fhall hereafter be iffued to remove any record from the Supreme court into the court for the trial of impeachments and the correction of errors, unless the party applying for fuch writ fhall produce and deliver to the officer whofe duty it is to iffue or feal fuch writ, a certificate figned by a councellor at law in the Supreme Court of this ftate, fetting forth, that he has infpected or examined fuch record, and the proceedings in the caufe, or copies thereof; and that in his opinion there is error in fubftance therein and if any officer fhall due or feal any fuch writ of error without fuch certificate, he thall forfeit to the adverfe party, one hundred pounds, to be recovered with cofts of fuit in any court of record, by action of debt, bill, plaint or information, and fhall alfo upon conviction thereof forfeit and lofe his office.

CHA P. IV.

An ACT anthorizing the Treasurer of this State to receive the Principal and Intereft of the public Stock which he may hold in his Truft for this State, as the fame jail from time to time became due.

Paffed 13th January, 1797: Treafurer is directed to receive may hold in truft for this tite;

but no provifion is made authorifing him to receive the principal thereof, as the fame shall become payable; Therefore,

Be it enacted by the People of the State of New-York, reprefented in Senate and Affembly, That the Treasurer of this ftate, for the time being, fhall be, and he hereby is authorifed and required to receive as well the prin cipal as the intereft now due, and from time to time to become due, of all fuch stock created under the laws of the United States, as he may hold in truft for this ftate, for the use of this state.

CHA P. V.

An ACT concerning the Affement of Damages in certain Cafes, in Courts

Term of proceedings

Witen interiocutory

confettion.

of Law.

Paffed 20th January, 1797. E it enacted by the People of the State of New-York, reprefented in Senate and Afjembly, and it is hereby enacted by the authority of the fame, That from and after the first day of July next, when any interafter ift July next, locutory judgment fhall be given in any court of law judgment is given by by default or upon demurrer, or confeflion in any action, default demurrer or upon any bill of exchange or promiffory note for the payment of money, or upon any written contract, for a fum certain, though payable in fpecific articles, or upon a like contract for fpecific articles at a value or price ftipulated in the fame contract or cove nant, for the payment of money only, instead of awarding a writ of enquiry, the court fhall direct the clerk of fuch court if a court of commoa pleas, and if the fupreme court, then the clerk of the faid fupreme court, or the clerk of the court of common pleas, of the county where the venue fhall be laid, unless the venue fhall be laid in the county where the fupreme court fhall fit, then and in fuch case, the clerk of the fupreme court only, and it is hereby made the duty of fuch clerks refpectively to perform the fervice, to examine, afcertain and determine what fum the plaintiff ought to recover for damages; and either party may except to Either party may ex. fuch report, and upon fuch exception the court fhall crp: to report of the hear and examine the matter, and caufe juftice to be done to the parties, and fhall give judgment for the plaintiff for the fum fo reported, or in cafe of exception to the report for the fum fo ascertained by the court, and the judgment fhall be entered on the record without entering thereon fuch reference to the clerk or any of the proceedings in confequence thereof, in the ufual form of entering judgments by confeffion where the amount of the damages is confeffed, except, that instead of the words" his damages aforefaid above confeffed," the following words fhall be inferted, that is to fay, "his (or her or their) damages, by occafion of the premises (to the fum for which the judgment is given) by the court here affeffed," or words of like import.

ekrk.

And be it further enacted by the authority oforefaid, That from and after the faid first day of July next, when any plaintiff thall obtain judgment upon Clerks duty wen any bail bond, taken in any fuch action as aforesaid, or Fahras judg in any action of debt upon judgment or recognizance, or ment on ba 1 bond. upon any speciality or contract, for the payment of money only, unless the defendant in the original action fhall appear and obtain leave to plead therein, the courts refpectively as aforelaid, thall direct