Where person elected to office not qualified. Common pleas, court of, where to be held by. Writs in court of common worded. in the city of New York any thing in the said charter to the contrary notwithstanding. And be it further enacted by the authority aforesaid, That in case any person, at any time hereafter elected to any office in either of the said cities, shall not be legally qualified to serve in such office, then and in every such case, it shall be lawful for the common council of such city, as soon as they discover the same, to order a new election to be held for electing another person in the room of the person so unqualified, in the same manner as if the said office had otherwise became vacant. Whereas a representation has been made to this Legislature by the mayor aldermen and common council of the city of New York under their corporate seal, that certain alterations in the charter of the said. corporation are expedient to remedy inconvenience arising from some of the provisions therein. For remedy whereof. Be it further enacted by the authority aforesaid, That the mayor and recorder of the city of New York, or either of them for the time being, shall from time to time and at all times hereafter, have power to hold the court of common pleas called the mayors court, of and in the said city of New York without the presence of any of the aldermen of the said city, any law charter custom or usage to the contrary notwithstanding. But nothing herein contained shall be construed to prevent any of the aldermen of the said city, from fitting as judges in the said court. And be it further enacted by the authority aforesaid, That in the records of judgments and other process and proceeding in the said pleas, how court of common pleas called the mayors court of and in the said city of New York, after the first day of February next, instead of the words "mayor recorder and aldermen of the city of New York, or of the same city," the words "judges of the same court" shall be inserted. And from and after the said first day of February next, all writs and process issuing out of or returnable into the same court, shall be made returnable before the judges of the same court. And all writs directed to the same court, shall be directed to "the judges of the court of common pleas called the mayors court in and for the city of New York." 66 Gerard as State CHAP. 2. AN ACT further to continue the treasurer of this State in office. Be it enacted by the People of the State of New York, represented in continued Senate and Assembly, That Gerard Bancker shall be and hereby is continued in office as treasurer of this State, until sixty days after the treasurer. rising of the Legislature at their next meeting after the first day of July, which will be in the year of our Lord one thousand seven hundred and ninety eight. Oath of office. And be it further enacted, That the said Gerard Bancker, if he shall take upon him the execution of the said office, shall on or before the tenth day of January next, appear before one of the justices of the supreme court of this State and take the following oath "I Gerard Bancker appointed treasurer of the State of New York, do solemnly and sincerely swear and declare in the presence of Almighty God, that I will during 'ny continuance in the said office, well, faithfully and honestly, to the best of my knowledge and ability, execute all and every of the duties appertaining to the said office, and that I will not on any occasion or pretence, apply any money, securities, or other effects which shall or may come to my hands, belonging to the said State, to any private uses or purposes whatsoever; and that when my accounts as treasurer shall be examined in manner directed by law, I will exhibit a true account of such monies, securities and and other effects, under this my oath of office. So help me God." And be it further enacted, That the Speaker of the Assembly for Bond to be the time being, shall take a bond from the above named Gerard given. Bancker on or before the tenth day of January next, with not less than four sufficient sureties, to the people of this State, in the sum of twenty thousand pounds, lawful money of this State, with a condition, that the said Gerard Bancker, shall and will well, faithfully and honestly execute and perform the duties of the said office; which bond when so taken, shall be lodged in the secretary's office of this State. of former And be it further enacted, That if the said Gerard Bancker, shall Discharge upon the expiration of the time for which by this act he is continued god. in office, procure and lodge in the office of the secretary of this State, a certificate duly executed by the committee to be appointed for the settlement of the accounts of the said General Bancker, expressing that his accounts as treasurer are regularly stated and balanced; and also that the balance of monies, securities and other effects belonging to the State, if any there be, are actually in the treasury or deposited as directed by law; such certificate when lodged in the office of the Secretary of this State as aforesaid, shall be to all intents and purposes, a discharge of the bond directed by this act to be given by the treasurer, with sureties, for the faithful performance of the duties of his office as aforesaid. CHAP. 3. AN ACT concerning writs of error. PASSED the 13th of January, 1797. Be it enacted by the People of the State of New York represented in writs of Senate and Assembly, and is hereby enacted by the authority of the fowance of same, That no writ of error shall hereafter be issued 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 such writ shall produce and deliver to the officer whose duty it is to issue or seal such writ, a certificate signed by a counsellor at law in the supreme court of this State, setting forth, that he has inspected or examined such record and the proceedings in the cause, or copies thereof, and that in his opinion there is error in substance therein; and if any officer shall issue or seal any such writ of error without such certificate, he shall forfeit to the adverse party, one hundred pounds, to be recovered with costs of suit in any court of record by action of debt, bill, plaint or information, and shall also upon conviction thereof forfeit and lose his office. Preamble. Treasurer to receive principal States CHAP. 4. AN ACT authorizing the treasurer of this State to receive the principal and interest of the public stock which he may hold in trust for this State as the same shall from time to time become due. PASSED the 13th of January, 1797. WHEREAS by the existing law, the treasurer is directed to receive the interest on such stock as he may hold in trust for this State; but no provision is made authorizing him to receive the principal thereof, as the same shall become payable. Therefore. Be it enacted by the People of the State of New York represented in Senate and Assembly, That the treasurer of this State for the time of United being, shall be and he hereby is authorized and required to receive as well the principal as the interest now due and from time to time to become due of all such stock, created under the laws of the United States, as he may hold in trust for this State for the use of this State. stock. Assessment of damages CHAP. 5. AN ACT concerning the assessment of damages in certain cases, in courts of law. PASSED the 20th of January, 1797. Be it enacted by the People of the State of New York represented in Senate and Assembly and is hereby enacted by the authority of the on default. same, That from and after the first day of July next, when any interlocutory judgment shall be given in any court of law by default or upon demurrer or confession in any action upon any bill of exchange or promissory note for the payment of money, or upon any written contract for a sum certain, tho' payable in specific articles, or upon a like contract for specific articles at a value or price stipulated in the same contract, or covenant for the payment of money only, instead of awarding a writ of inquiry, the court shall direct the clerk of such court if a court of common pleas, and if the supreme court, then the clerk of the said supreme court, or the clerk of the court of common pleas of the county where the venue shall be laid, unless the venue shall be laid in the county where the supreme court shall sit, then and in such case, the clerk of the supreme court only, and it is hereby made the duty of such clerks respectively to perform the service, to examine, ascertain and determine, what sum the plaintif ought to recover for damages; and either party may except to such report, and upon such exception, the court shall hear and examine the matter, and cause justice to be done to the parties, and shall give judgment for the plaintif for the sum so reported, or in case of exception to the report, for the sum so ascertained by the court, and the judgment shall be entered on the record without entering thereon such reference to the clerk, or any of the proceedings in consequence thereof, in the usual form of entering judgments by confession, where the amount of the damages is confessed, except, that instead of the words "his damages aforesaid above confessed" the following words shall be inserted, that is to say, "his, (or her or their) damages by occasion of the premises to (the sum for which the judgment is given) by the court here assessed," or words of like import. upon bail And be it further enacted by the authority aforesaid, That from Judgment and after the said first day of July next, when any plaintif shall ob- bond, etc. tain judgment upon any bail bond taken in any such action as aforesaid, or in any action of debt upon judgment or recognizance, or upon any specialty or contract for the payment of money only, unless the defendant in the original action shall appear and obtain leave to plead therein, the courts respectively as aforesaid, shall direct the clerks respectively as aforesaid, and it is hereby made the duty of such clerks respectively to perform the service, to examine ascertain and report to the court, the amount of the debt or sum of money due to the plaintif in the original action, and either party may except to such report, and upon such exception, the court shall hear and examine the matter, and cause justice to be done to the parties; and the plaintif shall cause the sum so reported, or ascertained, with the amount of the costs in the original suit and in the suit upon the bail-bond to be indorsed upon the execution to be issued upon the judgment obtained on such bail-bond, and may cause the same and the poundage thereon, and no more, to be levied by virtue thereof; and when any plaintif shall obtain judgment upon any bail-bond taken in any other action, unless the defendant in the original action shall appear and obtain leave to plead therein, the court shall direct common bail to be filed for the defendant in such original action, and order a judgment to be entered therein by default, and award a writ of inquiry thereupon; and upon the return of such writ of inquiry, the plaintif may cause the damages found by the jury, with the amount of the costs in the original suit, and in the suit upon the bail-bond, and the poundage thereon, and no more, to be levied on the judgment on such bail-bond, and shall cause the same to be indorsed on the execution to be issued in the action on such bail bond. attendance And be it further enacted by the authority aforesaid That the clerks Fees for respectively as aforesaid shall have one dollar for every such report, before and the attornies and witnesses shall have the like fees for their clerk. attendance upon the clerk for the purpose of making such report, as they are entitled to for attending upon the execution of a writ of enquiry, but no more than one attendance shall be allowed. notes and And be it further enacted by the authority aforesaid, That in those Evidence cases where the courts shall direct their clerks, to examine, ascertain on bills, and determine, what sum the plaintif ought to recover for damages, contracts. it shall not be necessary at any time hereafter, to prove the giving or executing any bill of exchange, promissory note, covenant or contract, "specially and truly set forth in the plaintifs declaration," but the production thereof to the clerk shall be sufficient evidence of the giving or executing of the same. of witnesses. And be it further enacted by the authority aforesaid, That in those Evidence cases, where it shall be necessary to adduce evidence to the clerks, they shall be and hereby are authorized to swear any witness or witnesses offered, and shall if required by either of the parties at the time of taking the same, reduce the testimony to writing, and shall report the same to the court on being required. ment on note, etc. And be it further enacted by the authority aforesaid That the clerks Indorseshall indorse on such note bill or contract, that judgment hath been rendered thereon and the amount of the damages ascertained therein and shall sign their name thereto. Appropria Domingo CHAP. 6. AN ACT for the support of the St. Domingo French refugees in the city of New York. PASSED the 20th of January, 1797. Be it enacted by the People of the Slate of New York represented in tion for St. Senate and Assembly, That a sum not exceeding twenty five hundred refugees. dollars be, and the same is hereby appropriated to be paid by the treasurer of this State out of any monies not otherwise appropriated in the treasury for the support of such of the inhabitants of St. Domingo, resident in the city of New York as shall be found in want of such support. Manner of expending. Accounts to be reported. And be it further enacted, That in order to secure the due application of the monies aforesaid, the same shall be placed under the direction of the person administering the government of this State, and it shall be lawful for him from time to time to draw the said monies or any part thereof from the treasury of this State by warrant or warrants under his hand, and the privy seal of the said State, and to cause the distribution thereof to be made for the relief of the persons aforesaid in such manner and by the hands of such persons as shall in his opinion appear most conducive to the humane purposes hereby intended. And be it further enacted, That a regular statement of account shall be kept of the monies so expended, and that the same be reported to the legislature of this State at their next session. Provided however that in case the French Republic or its minister or other authorized agent shall afford support and maintainence for the said inhabitants of St. Domingo now resident as aforesaid in the city of New York, that then and from thenceforth the provision herein contained shall cease and be void. And it is hereby declared, that the aforegoing appropriation is made in full confidence that all sums of money expended in and about the premises shall be credited by the United States to this State in case any provision is or shall be made by the congress of the United States in similar cases. Preamble. CHAP. 7. AN ACT to remove doubts concerning the courts of common pleas and general session of the peace in the county of Onondaga. PASSED the 20th of January, 1797. WHEREAS by the act entitled "An act relative to the courts of common pleas and general sessions of the peace in the county of Onondaga" it appears to have been the intention of the legislature that the court should adjourn to such places in the towns of Manlius and Scipio as the judges of such courts should in their discretion deem meet and proper; and doubts having arisen, whether such adjournment to any house other than the house of Seth Phelps, would not vitiate the proceedings of the court held at the house of John Rich |