Appropria Domingo CHAP. 6. AN ACT for the support of the St. Domingo French refugees in 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 WHEREAS by the act entitled "An act relative to the courts of com- ardson in the town of Scipio. For removal of which doubts and for further provision in the premises. Onondaga pleas de Be it enacted by the People of the State of New York represented in Process in Senate and Assembly, That all process made returnable in the said court of court of common pleas on the last Tuesday of September last and all common proceedings depending in the same court and the said court of gen- clared eral sessions of the peace then held at the house of the said John valid. Richardson shall be and are hereby declared valid, and in no wise discontinued. Onondaga where held And be it further enacted that the said courts of common pleas and Courts in general sessions of the peace, shall, on the last Tuesday of January county instant be holden at such place in the town of Manlius in the same when and county as the same courts at their last sessions adjourned to. And until further legislative provision be made in the premises, the future sessions of the courts of common pleas and general sessions of the peace for the said county of Onondaga shall be held at the times and places following, that is to say; on the fourth Tuesday of May next, at such place in the town of Scipio as the last September term of the same court was holden at; on the fourth Tuesday of September next at the house of Andrew Dunlaps in the town of Ovid in the said county; and on the fourth Tuesday of January, one thousand seven hundred and ninety eight, at the house of Comfort Tyler in the said town of Manlius, and so in succession thereafter at the times and places and in the order above mentioned, any former act to the contrary notwithstanding. CHAP. 8. AN ACT concerning the supreme court. PASSED the 24th of January, 1797. court, Be it enacted by the People of the State of New York represented in supreme Senate and Assembly, and it is hereby enacted by the authority of the terms of. same, That from and after the term of January in the present year, the supreme court of judicature of this State shall begin sit and be held at the four several terms following, to wit, on the last Tuesday of July, and the third Tuesdays of January April and October in every year; and that the said several terms of the said courts shall continue and be held from the times of their commencement every day except Sunday, until and including Saturday in the next ensuing week; and that the term commencing on the last Tuesday of July, shall be called July term, and shall be held in the city of New York; and the term commencing on the third Tuesday of October shall be called October term, and shall be held in the said city of New York; and the term commencing on the third Tuesday of January shall be called January term, and shall be held in the city of Albany; and the term commencing on the third Tuesday of April shall be called April term and be held in the said city of Albany. supreme And be it further enacted by the authority aforesaid, That there Return shall be in each of the said terms two common days of return only, days in the that is to say, the first day and the Tuesday in the next ensuing week court. of each term, but that the process in proceedings by bill or otherwise except on original writs if issued in term, may be tested any day in Writs, how made re that term and be made returnable on any day in the same term or the term. And be it further enacted by the authority aforesaid, That all writs turnable. and process to be issued from and after the expiration of October term in the present year and returnable in the said supreme court shall be made returnable as follows, that is to say, "before our justices of our supreme court of judicature, at the city hall of the city of New York, or city of Albany, as the case may be, and proceedings in the said court which have heretofore been supposed to be before the people of this State, shall thereafter be before the justices of the people of the State of New York of the supreme court of judicature of the same people. No trial at bar without leave. Justices of trials be fore. And be it further enacted by the authority aforesaid That no issue Summoning of juries. And be it further enacted by the authority aforesaid that from hencenisi prius, forth the chief justice of the said court or in his absence or default, any other judge of the said court shall or may at his discretion as a justice of nisi prius, by virtue of this act and without any other commission for the purpose 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 such days as the court shall appoint for the purpose, try all manner of issues joined or to be joined in the said court or brought into the said court to be tried, which by the ordinary course of the laws of this State ought to be tried in the said 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 process and proceedings, and in like manner as trials are had in the like cases at the circuit court in and for the city and county of New York, or city and county of Albany; and shall have power to take juries, award tales de circumtantibus, record nonsuits and take verdicts in like manner and form as is used at the said circuit courts. And that the sherif of the city and county of New York for the time being, and the sherif of the city and county of Albany or other proper officer to whom the same may be directed, shall make return of all process for summoning juries for the said trials before the said chief justice or other judge, and shall give their attendance upon the said chief justice or other judge as well for returning such tales as shall be prayed de circumstantibus for the trying of the said issues as for the doing and executing of all other things to the said office of sherif in such case belonging and appertaining. And that all persons who shall be empanneled upon such juries and the parties to the same issues and suits and the witnesses for the same shall be charged and bound in the same 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 said chief justice or other judge as they should have been if the said issue had been tried in the said supreme court. And that all the several trials so to be had before the said chief justice or other judge shall stand. and be as good and available in law as if the same 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 supreme court shall be considered as.clerk of the court for the trial of the said issues. And that the said chief justice or other judge who shall at any time hold the said court for the trials of the said issues may continue the same from day to day, Sunday excepted, for as many days as he shall think necessary. Provided always that the times of the said sittings in any term shall always be appointed in the next preceding term, and the times of the said sittings after any term shall always be appointed in the next preceding term but one. repealed. And be it further enacted by the authority aforesaid That the act en- Act recited titled An act to appoint the place of holding the supreme court of judicature of this State in future and to prolong the terms thereof and for other purposes therein mentioned" and the third section of the act entitled "An act for the further amendment of the law" shall be and hereby are repealed from and after the second day of April next. CHAP. 9. AN ACT relative to the money of account of this State. PASSED the 27th of January, 1797. currency public ac counts to be kept. Be it enacted by the People of the State of New York, represented in In what Senate and Assembly, That from and after the first day of July next, all accounts in the treasury of this State; all accounts in the county treasureries; all accounts in the several other public offices within this State, all assessment rolls and all accounts arising from proceedings in the courts of justice within this State, except as to bills of cost, shall be kept and made out in the money of account of the United States, that is to say, in dollars or units, dismes or tenths, cents or hundredths, mills or thousandths; a dollar being four tenths of the pound heretofore used as the unit of money of account in this State, a disme being a tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the thousandth part of a dollar. ments and And be it further enacted, That in all the judgments and decrees Id., judg to be made or given in any court of justice after the said first day of July menta next for any debt, damages or costs, the amount thereof shall be computed and ascertained as near as may be in dollars and cents, rejecting lesser fractions if any; and in all executions to be issued thereon, it shall only be necessary to mention the said amount in dollars and cents. And no judgment, decree or other proceeding shall be considered as erroneous for or by reason of the omission of the fractional parts of a cent in any such computation. CHAP. 10. AN ACT for the relief of the heirs and devisees of Andries Onder donk deceased. PASSED the 27th of January, 1797. Be it enacted by the People of the State of New York represented in Property Senate and Assembly, and is hereby enacted by the authority of the left by will same, That it shall and may be lawful to and for the heirs and devisees nes Mutts, VOL. 4.-2 of Johan for school purposes straw, how disposed of and ap plied. deceased, of Andries Onderdonk deceased in due form of law, to grant release and convey unto the consistory of the first reformed Protestant Dutch in Haver church of New Hempstead in Orange county, and their successors for ever, all that certain tract of land in Clarks Town in the said county of Orange, which was conveyed to the said Andries Onderdonk by the commissioner of forfeitures for the middle district, pursuant to the directions of the act entitled "An act for the speedy sale of the confiscated and forfeited estates within this State, and for other purposes therein mentioned," in trust, to the uses mentioned in the last will and testament of Johannes Mutts, late of the precinct of Haverstraw in the said county of Orange deceased. And that it shall and may be lawful to and for the said consistory of the first reformed Protestant Dutch church of New Hempstead in Orange county and their successors, to sell the said lands either at public vendue or private sale, for the most money that can be gotten for the same; and to make and execute good and sufficient deeds and conveyances for the same to the purchaser or purchasers thereof, who shall hold the same to him her or them, and his her or their heirs and assigns for ever, discharged of and from the said trust; and it shall be the duty of the said consistory of the first reformed Protestant Dutch church of New Hempstead in Orange county, and their successors, to put the money arising from such sale, out at interest on good security in this State, or vest the same in the stock of the United States, and apply the interest thereof as the same shall become due, and be by them received, to the use and support of a free school in the late precinct of Haverstraw in the said county of Orange according to the true intent and meaning of the said last will and testament of the said Johannes Mutts deceased. And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the said consistory of the first reformed Protestant Dutch church of New Hempstead in Orange county and their successors, to call the heirs, devisees aud executors of the said Andries Onderdonk, to account for the rents and profits of the said land, and to settle and adjust such accounts, and shall apply all the monies to be received by them on such account to the use aforesaid poor former town of German Flatts. CHAP. 11. AN ACT for the apportionment of the funds for support of the poor in the town of German Flatts, in the county of Herkimer. PASSED the 3d of February, 1797. Division of Be it enacted by the People of the State of New York, represented in monies in Senate in Assembly, That as soon as may be after the first Tuesday in May next the supervisors and overseers of the poor of the towns of German Flatts, Warren, Franckfort and Litchfield in the county of Herkimer, shall by a notice to be given for that purpose by the supervisors of the said respective towns, meet together, and divide the monies raised for the support of the poor in the former town of German Flatts previous to the division thereof, between the aforesaid towns and shall make such division on principles of equity; and if the supervisors and overseers of the poor of the towns aforesaid cannot |