the clerks and pro the clerks refpectively as aforefaid; and it is hereby made the duty of fuch clerks refpectively to perform the fervice, to examine, afcertain, and report to the court, the amount of the debt or fum of money due to the plaintiff in the original action, and either party may except to fuch report, and upon Either party may fuch exception the court fhall hear and examine the matexcept to report of ter, and caule justice to be done to the parties; and the cre ings up n fuck plaintiff fhall caufe the fum fo reported or ascertained, riport or except on. with the amount of the cofts in the original fuit, and in the fuit upon the bail-bond to be endorfed upon the execution to be issued upon the judgment obtained on fuch bail-bond, and may caute the fame and the poundage thereon and no more, to be levied by virtue thereof. Form of proceedineĹ And when any plaintiff fhall obtain judgment upon any hen plaintiff obtains bail-bond taken in any other action, unless the defendjugdmenton bail bond. ant in the original action thall appear and obtain leave to plead therein, the court shall direct common bail to be filed for the defendant in fuch original action, and order a judgment to be entered therein by default, and award a writ of enquiry thereupon. And upon the return of fuch writ of enquiry, the plaintiff may cause the damages found by the jury with the amount of the costs in the original fait, and in the fuit upon the bail-bond, and the poundage thereon and no more, to be levied on the judgment of fuch bail bond, and thall caufe, the fame to be indorfed on the execution to be issued in the action on fuch bail-bond. Comp nfation to with fes, And be it further enacted by the authority aforefaid, That the clerks refpectively aforefaid, fhall have one dollar for every fuch clerks, attornies and report, and the attornies and witneffes fhall have the like fees for their attendance upon the clerk, for the purpose of making fuch report as they are entitled to for attending upon the execution of a writ of enquiry, but no more than one attendance fhall be allowed. What shall be confi. to determine the fun And be it further enacted by the authority aforesaid, That in thofe cafes where the courts fhall direct their clerks to examine, dered as evidence in afcertain and determine what fum the plaintiff ought to cafes where clerks are recover for damages, it shall not be neceffary at any time • plaintiff ought to hereafter to prove the giving or executing any bill of recover for damages. exchange, promiffory note, covenant or contract, "fpecially and truly fet forth in the plaintiff's declaration," but the production thereof to the clerk fhall be fufficient evidence of the giving or executing of the fame. And be it further enaled by the authority aforefaid, That in thofe cafes where it fhall be neceflary to adduce evidence to the clerks they fall be and hereby are authorized to fwear any witnefs or witneffes, offered, and fhall, if required by either of the parties at the time of taking the fame, reduce the teftimony to writing, and fhall report the fame to the. court on being required. Clerks to indorie dgment. And be it further enaged by the authority aforefaid, That the clerks thall indorfe on luch note, bili or contract, that judgment hath been rendered thereon, and the amount of the damages alcertained therein, and fhall fign their name thereto. CHAP. VI. A ACT for the fupport of the St. Domingo French Refugees in the City of B Fit enacted by the people of the State of New-York, reprefented in Seate and Ajembly, That a fum not exceeding twenty-five hundred dollars 250 del'art may be be, and the fame is hereby appropriated to be paid by Par habitants of the treasurer of this ftate, out of any monies not other wife appropriated in the treafury, for the support of luch of the inhabitants of St. Domingo, refident in the city of New-York, as hall be found in want of fuch fupport. St. Doming Sai! monies fubject vernor. dad be it further exacted, That in order to fecure the due application of the monies aforefaid, the fame thail be placed under the to breton of the Go- direction of the perfon adminifering the government of this late, and it shall be lawful for him from time to time to draw the faid monies or any part thereof from the treafury of this fate, by warrant or warrants under his hand, ani the privy feal of the faid ftate, and to canfe the diftribution thereof to be made for the relief of the perfons afersitid, in fuch manner and by the hands of fuch perfons as that in his opinion appear molt conducive to the humane purpofes hereby intended. And be it further enacted, That a regular ftatement of account shall be kept of the mouies to expended, and that the fume be reported to the legillature of this late at their next fellion, Provided however, That in cale the French Republic or its Minifter, or other authorised agent, thill atrord fupport or maintenance for the faid inhabitants of St. Domin go, now relident as aforefaid in the city of New York, that then and from thenceforth the provifion herein contained fhall ceafe and be void, and it is hereby declared that the aforegoing appropriation is made, in full confidence that all fams of money expended in and about the premises, fhall be credited by the United States to this ftate, in cafe any provision is or thall be made by the Congress of the United States in fimilar caies. CHAP. VII. An ACT to remove Doubts concerning the Courts of Common Pleas and General Sefton of the Peace in the County of Onondaga. Palled 20th January, 1797. MEREAS Ly the A&t entitled "An Act relative to the Courts of Common Pleas and General Seftons of the Peace in the county of Or ondage, it appears to have been the intention of the legilure that the counts bould adjotin to fuch places in the towns of Manlius and Scipio as the judges of fuch courts fhould in their difcretion deem meet and proper; and doubts having arisen whether fuch adjournment to any houfe other than the woule of Seth Pncips would not vitite the proceedings of the court held at the henfe of John Richardfon, in the town of Scipio, for the removal of wi ich doubt, and for further provision in the preales, led by theyt que of the fate of New Zuck, reand imby, That all proveis made return: ble in the fi outes Comoda le..5, on the lab Puefany of Septomas lal, and all depan ing in the fame Court, and the es the Peace then held at the hooks of the faid John Richardfon, fhall be and are hereby declared valid, and in no wife difcontinued. 4 And be it further enacted, That the faid courts of common pleas and general feffions of the peace, fhall on the last Tueday of January inftant, Be holden at fuch place in the town of Manlius in the fame county, as the fame courts at their last feflions adjourned to, and until further légiflative provifion be made in the premifes, the future fefions of the courts of common pleas, and general fefions of the peace for the faid county of Onondaga, fall be held at the times and places following, that is to fay; on the fourth Tuelday of May next, at fuch place in the town of Scipio as the last September term of the fame court was holden at; on the fourth Toeflay of September next, at the houfe of Andrew Dunlap, in the town of Ovid in the faid county; and on the fou in Tuesday of January, one thoufand feven hundred and ninety eight, at the houfe of Comfort Tyler, in the faid town of Manlius, and fo in fucceflion thereafter at the times and places, and in the order above mentioned, any former act to the contrary notithstanding, BE After January term in thep eft ear the when and where to be held, how to be called, terms of 1 preme court and their continuance. CHA P. VIII. An ACT concerning the Supreme Court. Paffed 24th January, 1797.E it enacted by the people of the State of New-York, reprefented in Senate and Affembly, and it is hereby enalled by the authority of the fame, That from and after the term of January, in the prefent year, the fupreme court of judicature of this flate, thall begin, fit, and be held at the four feveral terms following, to wit, on the laft Tuefday of July, and the third Tucf. days of January, April and October in every year; and that the faid feveral terms of the faid courts fall continue and be held from the times of their commencement every day, except Sunday, until and including Saturday in the next enfuing week; and that the term commencing on the laft Tuefday of July fhall be called July term, and fhall be held in the city of New-York, and the term commencing on the third Tuesday of October fhall be called October term, and fhall be held in the faid city of New-York; and the term commencing on the third Tucfday of January fhall be called January term, and fhall be held in the city of Albany; and the term commencing on the third Tueday of April fhall be called April term, and be held in the faid city of Albany. returnable And be it farther enacted by the authority aforejaid, That When parcels may be tefted and make there fhall be in each of the faid terms two common days of return only, that is to fay, the first day and the Tučí day in the next enfuing week of each term, but that the process in proceedings by bill or otherwife except on original writs if iffed in term, may be tefted any day in that term, and be made returnable on any day in the fame term, or the next term, and if iffued in the vacation, may be 'tefed on any day in the preceeding term, and be made returnable on any day in the next term. How wits and pro- And be it further enacted, by the authority aforefaid, That cefs (hed atter to all writs and procefs to be ifued from and after the expiration of October term in the prefent year, and br term thall bereturnable. returnable in the faid fupreme court, fhall be made returnable as follows, that is to fay," before our juftices of our fupreme court of judicature, at the city-hall of the city of New-York or city of Albany, as the cafe may be, and proceedings in the faid court which have heretofore been fuppofed to be before the people of this ftate, fhall thereafter be before the juftices of the people of the ftate of New York, of the fupreme court of judicature of the fame people. Proceedings hereto Before the people, to fore imppot d to be thereafter before juftices of the place, No fue in civil t be tried with us leave of the Judges in term time 01 va ter may as jullies ofnih p:ius ry furs which by e by jury of the city jurt s. award tales de cumflantibus, &c. And be it further enacted by the authority aferefaid, That no iffue in any civil caufe hall hereafter be tried at the bar of the faid fupreme court without the leave of the faid court for that purpofe firft had and obtained. And be it further enacted by the authority afertjaid, That from henceforth the chief justice of the faid court or in 1 ought to be tri- his abfence or default, any other judge of the faid court aunty, and tak fhall or may at his difcretion as a justice of nifi prius, by virtue of this act, and without any other commillion for the purpofe in term time, or within twenty days, after the end of every or any term in the city hall of the city of New-York or in the city hall of the city of Albany, on fuch days as the court fhall appoint, for the purpofe, try all manner of ifues joined or to be joined in the faid court, or brought into the faid court to be tried, which by the ordinary courfe of the laws of this ftate ought to be tried in the faid court by a jury of the city and county of New-York, or by a jury of the city and county of Albany, upon the like procefs and proceedings, and in like manner as trials are had in the like cafes at the circuit court in and for the city and county of New-York, or city and county of Albany; and fhall have power to take juries, award tales de circumftantibus, record non-fuits and take verdicts in like manner and form as is ufed at the faid circuit courts, and that the fheriff of the city and county of New-York for the time being, and the fheriff of the city and county of Albany or other proper officer to whom the fame may by directed, shall make return of all procefs for fummoning juries for the faid trials, before the faid chief juftice or other judge as well for returning fuch tales as fhall be prayed de circumftantibus, for the trying of the faid iffues, as for the doing and executing of all other things to the faid office of theriff, in fuch cafe belonging and appertaining and that all perwithches refponfiole. fons who fhall be impanneled upon fuch juries, and the parties to the fame iffues and fuits, and the witnesses for the fame fhall be charged and bound in the fame manner, and upon the like pains and penalties for their non-appearance and non-attendance, or for their or any of their misdemeanor or default before the faid chief juftice or other judge, as they fhould have been if the faid iffue had been tried in the faid fupreme court; and that all the feveral trials fo to be had before the faid chief juftice or other judge, fhall itand and be as good and available in law as if the fame had been tried at a circuit court held in and for the city and county of New-York, or for the city and county of Albany; and that the clerk of the fupreme court fhall be confidered as clerk of the court for the trial of the faid iffues, and that the faid chief justice or other judge who fhall at any time hold the laid court for the trials of the court actor hemy faid iffues, may continue the fame from day to day. Sunday excepted, for as many days as he inay think Jurors, parties and Clerk of Supreme Care to be clerk of the court for the trial of faid illu s. think Receley. neceffary. Provided always, That the times of the faid fittings in any term fhall always be appointed in the next preceding term, and the times of the faid fittings after any term fhall always be appointed in the next preceding term but one. An act and a fection if an act repealed And be it further enacted by the authority aforefaid, That the act entitled "An act to appoint the place of holding the fupreme court of judicature of this ftate in future, and to prolong the terms thereof, and for other purposes therein mentioned," and the third fection of the act entitled "An act for the further amendment of the law," fhall be and hereby are repealed from and after the fecond day of April next. from and alter 24 April next. CHAP. IX. An ACT relative to the Money of Account of this State. Palled 27th January, 1797. BE it enabled by the People of the State of New-York, represented in the Senate and Affembly, That from and after the first day of July next, all accounts in the treasury of this ftate; all accounts in the county treafuries; all accounts in the feveral other public offices within this ftate, all affefs ment rolls and all accounts arifing from proceedings in the courts of juftice within this ftate, except as to bills of cost, fhall be kept and made out in the money of account of the United States, that is to fay, in dollars or units, difmes or tenths, cents or hundredths, mills or thousandths; a dollar being four tenths of the pound heretofore ufed, as the unit of money of account in this ftate, a difine being the tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the thoufandth part of a dollar. And be it further enacted, That in all judgments and decrees to be made or given in any court of justice after the faid first day of July next, for any debt, damages or cofts, the amount thereof fhall be computed and afcertained as near as may be, in dollars and cents, rejecting leffer fractions if any, and in all executions to be iffued thereon, it fhall only be neceffary to mention the faid amount in dollars and cents. And no judgment, decree or other proceeding fhall be confidered as erroneous for or by reafon of the omission of the fractional parts of a cent in any fuch computation. CHAP. X. B' deceased. An ACT for the relief of the Heirs and Devifees of Andries Onderdonk, Paffed January 27th, 1797. E it enacted by the People of the State of New-York, represented in Senate and Affembly, and it is hereby enacted by the authority of the jame, That it fhali and may be lawful to and for the heirs and devifees of Andries Onderdonk, deceased, in due form of law, to grant, releafe and convey unto the confiftory of the first reformed Proteftant Dutch church of New-Hempstead in Orange county, and their fucceffors for ever, all that certain traft of land in Clarke's Town, in the faid county of Orange, which was conveyed to the faid Andries Onderdonk by the commiffioner of forfeitures, for the middle diftrict, purfuant to the directions of the act Bb |