shall have power and authority, and are hereby authorized, empowered and required to hold a court for the purposes aforesaid, at the eity hall of the city of New York, and therein to hear and determine all such matters of debt, causes, actions and informations as are made cognizable before them by this act according to the directions of the said act entitled "An act for the more speedy recovery of debts to the value of ten pounds," and the several other acts amending, explaining or altering the same, and according to the directions herein after mentioned. And for that purpose two of the said justices for the time being, according to the rotation herein after mentioned, shall from and after the first day of May next, meet, sit and hold the said court in the city-hall of the city of New York, every day, except Sundays, and except the first day of January, the fourth day of July, the twenty fifth day of November, and the twenty fifth day of December in every year. And it shall be the duty of the said justices of the peace in and for the city of New York to hold the said court according to the following rotation, that is to say, the first and second persons named in the commission shall attend and hold the said court the first week, and the third and fourth the second week, and so on until all the said justices shall have served one week, if they consist of an even number, or otherwise all but one, and then the persons first and last named in the said commission shall attend and hold the said court the next week and the second and third persons named therein the week after, and so on in the like rotation thereafter. Provided always that nothing herein contained shall be construed to exclude or debar any of the said justices although they be not in rotation, from setting in the said court, but that all and every of them shall and may when and so often as they shall respectively think fit, sit and give judgment therein, and in case of the death or inability of any of the said justices whose duty it may be to attend the said court according to the said rotation at any time, then and in every such case, it shall be the duty of him who is next in rotation, to attend the said court in the place of him so deceased or unable to attend. And if the justices present at any time in the said court shall be equally divided upon any question before them, the senior justice present, that is, he whose name stands first in the commission, shall have the casting vote.

office.

And be it further enacted by the authority aforesaid, That the said Term of justices shall hold their offices during the pleasure of the council of appointment; and that new commissions to the justices of the peace in and for the said city, shall be issued at least once in every three

years.

justices;

And be it further enacted by the authority aforesaid, That it shall Clerk to and may be lawful for the said justices of the peace in and for the seal. said city of New York for the time being or the major part of them, by writing under their hands and seals, from time to time as occasion shall require; to appoint a clerk of the said court, and from time to time to remove any such clerk, and to appoint another in his stead. And that it shall be lawful for the said justices, and they are hereby required, to cause a seal to be made for the said court.

be signed

And be it further enacted by the authority aforesaid, That all appli- Process to cations for process for the recovery of any debt or demand by virtue by clerk. of this act, shall be made to the said court, or to the clerk of the same court and not otherwise; and that all process to be issued out of the said court, shall be tested in the name of the justices of the peace in and for the city of New York, and be signed by the clerk of the

Body

execution.

tion of

ment.

from the said A. B. in a certain action lately brought by the said A. B. against the said C. D. in the same court and also the sum of adjudged by the same court to the said C. D. for his costs and charges by him about his defence in that behalf expended," and if for costs only, then "lately in our court before our justices of the peace in and for the city of New York, adjudged to C. D. for his costs and charges sustained by him about his defence in a certain action brought against him in the same court by the said A. B.") And have you that money before our justices of the peace in and for the city of New York, at the city hall of the said city on the day of next, to render to the said C. D. for his "(debt and damages.") Or ("for his damages and costs") or (for his ballances and costs, or (for his costs) aforesaid. And have you then there this precept. Witness (as in case of a summons.)" And every execution against the body of any person for any deb, damages or costs recovered or adjudged in the said court, shall be in the following form "the people (as in the case of a summons)" we command you to take A. B. if he shall be found in the said city, and bring him forthwith before our justices of the peace in and for the city of New York, at the city hall of the said city; to satisfy C. D. of the sum of (which he lately in our court before our justices of the peace in and for the city of New York recovered against the said A. B. of debt, and also of the sum of adjudged by the same court to the said C. D. for his damages which he hath sustained, as well by the occasion of the detention of that debt, as for his costs and charges by him about his suit in that behalf expended." And if for damages, then "which he lately in our court before our justices of the peace in and for the city of New York recovered against the said A. B. for his damages, in a certain action of trespass or "trespass on the case," and also of the sum of to the said C. D. for his costs and charges by him about his suit in adjudged by the same court that behalf expended," and if for a ballance found due to the defendant, then, "lately in our court before our justices of the peace in and for the city of New York, adjudged to him as a ballance due to him from the said A. B. in a certain action lately brought by the said A. B. against the said C. D. in the same court, and also of the sum of adjudged by the same court to the said C. D. for his costs and charges by him about his defence in that behalf exp" and if for

of the peace his costs and

then there And every

ge said

jud hement

3 not

costs only "then" lately in our court before our in and for the city of New York, adjudged to him for charges by him about his defence in a certain action brotsight against him in the same court by the said" A. B.)" And have you this precept. Determina- person taken by virtue of such execution shall be brought best. Witness (as in the case of a summons)." liability to said court, and if any person so taken and brought before tl. a A fore the imprison- court, or brought before the said court by warrant, and a judg shall thereupon be given against him, shall there alledge, that he is liable to be imprisoned for the cause mentioned in such executione on account of such judgment so had the justices then present examine into the truth of the matter, and if they shall find that suc person is not liable to be imprisoned for the said cause, they shall cause such person to be discharged from such arrest. But if they should be of opinion that such person is by law liable to be imprisoned for the said cause if no such allegation shall be made and the money mentioned in such execution, or for which the judgment is given is not there paid, then they shall cause an entry to be made in the minutes of the same court, purporting, that such person "is committed to the gaol of the?

or

tall

apc

11 t h

city and county of New York in execution for the "debt damages and costs, or damages and costs, or costs mentioned in such execution or judgment, and cause a precept to be issued for conveying the person so committed to the said gaol, which precept shall be delivered to one of the constables or marshalls of the said city, who shall thereupon convey the person so committed, to the gaol of the city and county of New York, and there deliver him together with the same precept to the keeper of the said gaol, who shall there receive and safely keep the person so committed in execution in the said gaol, until he shall be thence delivered by due course of law. And if any person taken by virtue of such execution or warrant shall be discharged from such arrest by the said justices as aforesaid, such taking and discharge shall not operate as a release or discharge of the debt or demand for which such person was so taken, nor prevent any execution for the same against the goods and chattels of the person so discharged, nor shall the person who caused such execution or warrant to be issued, or any person who shall execute the same, be liable to any suit or damage on account of such discharge. And in all cases where part of the debt damages or costs shall have been paid or levied, and any execution is issued for the residue, such execution shall be only for the sum remaining due, to which shall be added in the execution the words "being the residue of" the sum recovered or adjudged, mentioning the amount thereof. And every precept for conveying any person to the Precept for said gaol who shall be so committed shall be in the following form. ment. "The people of the State of New York; "to the constables and marshalls of the city of New York and to the keeper of the gaol of the city and county of New York, and to each and every of them" greeting: We command you the said constables and marshalls to convey A. B. to the said gaol and there deliver him to the keeper thereof; and we command you the said keeper there to receive the said A. B. into your custody, and to keep him safely in the said gaol in execution at the suit of C. D. for debt and damages and costs, (or for

"for

damages and

debt and costs, or "for

imprison

costs," or costs" as the case may be,) until he shall be delivered by due course of law. Witness (as in the case of a summons.)" And in all actions of debt the interest due to the plaintif, if any, shall be added to the costs of the suit, but the debt damages and interest, if any allowed, and costs shall be seperately specified in the indorsement on the execution. And all process for summoning jurors to appear in the said court shall be in the following form. "The people of the Venire. State of New York: To the constables and marshalls of the city of New York, and to every of them, greeting: We command you to summon twelve good and lawful men of the city of New York who are in no wise of kin to C. D. the plaintiff nor A. B. defendant nor interested in the controversy between them, to be and appear in our court before our justices of the peace in and for the city of New York, at the city hall of the same city on the day of next (or instant,) at

of the clock in the noon, to make a jury to try a certain action depending in our same court between the said parties; and have you then there the names of that jury and this precept" (as in the case of a summons).

only to be

And be it further enacted by the authority aforesaid That no more One Jury than one jury shall be summoned to attend the same court on any one returned day, and if there shall be more than one cause to be tried in the same in one day. court on that day, the same jurors shall be returned in each cause.

Powers of constables and marshals.

When

cution

And every person qualified to serve as a juror upon trials in the mayors court of the city of New York, shall be considered as duly qualified to serve as a juror upon trials in the said court before the said justices.

And be it further enacted by the authority aforesaid, That it shall and may be lawful for any constable or marshall of the said city of New York to execute the process to be issued by the said justices in any part of the said city, and any such constable may execute such process as well in any other ward of the said city, as in the ward where he is chosen constable.

And be it further enacted, by the authority aforesaid, That no exebody execution shall be issued against the body of any person upon any judgmay issue. ment to be obtained by virtue of this act until an execution shall have been issued against the goods and chattels of such person, and duly returned, except in cases where a defendant shall be brought before the said court by warrant and shall not give security, and a judgment shall thereupon be given against such defendant. And the whole amount of the money to be levied or paid upon any execution to be issued by virtue of this act, shall be mentioned therein, including the costs for executing the same with the other costs of the suit. And the clerk of the said court shall endorse upon every such execution, whether against the goods and chattels or the body of any person, the amount of the debt damages and costs to be levied or paid thereon, and sign his name to the same indorsement, and no greater sum shall be levied or taken in any case, or by virtue of such execution.

Fees: justices.

fees

And be it further enacted by the authority aforesaid, That the following, and no greater or other fees shall be allowed taxed or taken in any actions or proceedings by virtue of this act, that is to say; fees to the said justices to be divided among them in manner herein after mentioned. For every summons or warrant, twelve cents. For taking security of a defendant, twelve cents. For every venire to summons a jury, twenty cents. For a subpoena for each witness, six cents. For administring an oath in court, six cents. For swearing a jury, twenty cents. For every judgment or conviction, twelve cents. For every commitment, twelve cents. For every execution, twenty cents. For taking the acknowledgment of satisfaction of a judgment, six cents. And the clerk of the said court shall receive Division of the said fees, and account to the said justices for the same at least once in every month, and oftner if required by the said justices or a majority of them, and shall divide and pay the amount thereof to and among such of the said justices as shall have attended the said court during the time in which the same fees shall have been received in proportion to the days each of them shall have attended the said court respectively during that period. Fees to be taken by the clerk of the said court to his own use. For entering every action, six cents. For entering the return of every summons warrant or execution, six cents. For entering the substance of the plaintif's charge or demand upon the return of the process against the defendant, when served, twelve cents. For entering the substance of the defendants plea, twelve cents. And if such charge demand or plea is exhibited in writing, the same shall be filed in the office of the said clerk. For entering the commitment of any person, six cents. For entering every judgment, ten cents. For entering acknowledgment of satisfaction of a judgment, six cents. For copies of proceedings in the said court when required for every seventy two words, ten cents. For every Constables search, six cents. Fees to to the constables and marshalls. For serv

Clerk.

shals.

ing every summons, twelve cents. For serving every warrant, twenty and marfive cents. For taking a defendant into custody on a mittimus or commitment, twelve cents. For conveying a person to gaol, twelve cents. For summoning a jury, forty cents. For serving an execution for two and a half dollars or under, twenty-five cents. And at the rate of twelve cents for every two and an half dollars more. For travelling, if the person arrested is taken above one mile from the city hall, for every mile going only, ten cents. Fees to jurors. For Jurors. every cause tried, each twelve cents. Fees to witnesses and charges for summoning them. Each witness attending and sworn, twelve witnesses. cents. Serving a subpoena on each witness, twelve cents.

allowance

And be it further enacted by the authority aforesaid, That besides Per diem the fees herein before allowed to the said justices, each of them shall to justices. be allowed and paid the further sum of three dollars for every day, they respectively sit and hold the said court, according to the rotation aforesaid, to be paid quarter yearly by order of the mayor aldermen and commonalty of the city of New York in common council convened, out of the money to arise from the excise on strong liquors, and the licences to be granted to retailers thereof in the said city. But none of the said justices shall be paid or allowed any thing, except their proportion of the said fees for any time they may sit in or hold the said court when not in the said rotation.

to be evi

And be it further enacted by the authority aforesaid, That the reg- Registers isters and books of entry for the said court hereby instituted or copies dence. thereof proved, shall be deemed legal evidence of the acts and proceedings of the said court.

And be it further enacted by the authority aforesaid, That the Courts of mayor recorder and aldermen of the city of New York for the time sessions. being, or any three or more of them, of whom the mayor or recorder to be one, shall hold the courts of sessions of the peace in and for the city and county of New York, and each of them the said mayor, recorder and aldermen shall hereafter have the power of justices of the peace in and for the city and county of New York as fully and in the same manner as if this act had not been made.

recited repealed.

And be it further enacted by the authority aforesaid, That the twen- Part of act tieth section of the said act entitled "An act for the more speedy recovery of debts to the value of ten pounds" shall be and hereby is repealed from and after the first day of May next.

And be it further enacted by the authority aforesaid, That this act Public act. shall be adjudged, deemed and taken to be a public act.

CHAP. 21.

AN ACT for appointing a comptroller in this State.

PASSED the 17th of February, 1797.

pointment

Be it enacted by the People of the State of New York represented in ComptrolSenate and Assembly, and it is hereby enacted by the authority of the ler, apsame, That an officer shall be appointed in this State, to be called and of; duties. known by the name of "The Comptroller of the State of New York," who shall do, perform and execute, all matters and things heretofore required by law to be done by the auditor of this State; and it shall also be the duty of such comptroller to draw warrants on the treasVOL. 4. - 4