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4 :::::....::: LAWS OF NEW-YORK. Rooms to be II. And be it further enacted, That it shall be the duty of the
mayor, aldermen, and commonalty of the city of New-York, to provide suitable rooms for the accommodation of the courts to be held by the said assistant justices, and that they shall respectiveJy be held within the wards for which the said assistant justices shall respectively be appointed, and at such places as the mayor, aldermen and commonalty of the city of New-York may from time to time provide for that purpose.
III. And be it further enacted, That the jurors who shall be selected, and nominated for the trial of actions before the said assistant justices, to the wards. shall be selected out of the wards for which they shall respective
ly be appointed : And further, That all suits shall be commenced before the assistant justice of the wards in which either the plaintiff or defendant shall reside, except in suits brought by, or in behalf of the mayor, aldermen and commonalty of the city of NewYork, or by, or against non-resident plaintiffs or defendants, which may be commenced and prosecuted before either of the said assistant justices : And further, That it shall not be lawful for either of the parties to any suit, before any assistant justices of the city of New York, or before the justices of the justices court in and for the city and county of New-York, after the day in which an order has been made for an adjournment, to demand of the said
court that such action be tried by jury. . Salaries to be. IV. And be it further enacted, That the said assistant justices, paid. instead of receiving for their own use the fees now allowed by law
to the assistant justices of the city of New-York, shall each be paid a yearly salary of one thousand seven hundred and fifty dollars, in equat quarterly payments, by the mayor, aldermer and commonalty of the city of New York, out of which the said assistant justices shall pay all the necessary expenses of their said courts, including fuel, the usual blank forms and stationary : And further, That all such fees as may accrue or become payable, shall be received for the use of the mayor, aldermen and commonalty of the
city of New-York, in the manner herein after directed. Clerk to each V. And be it further enacted, That each of the said assistant justice.
justices shall have a clerk, who shall be appointed and paid for bis services by the mayor, aldermen and commonalty of the city of New-York, and shall be removable at their pleasure ; that each of the said clerks, before he shall enter upon the duties of his office, shall take an oath before the mayor of the said city, faithfully and honestly to discharge the duties of his office, and shall also enter into a bond, with one or more sufficient sureties, to the mayor, aldermen and commonalty of the city of New York, in the penal sum of two thousand five hundred dollars, and contlitioned that the said clerk shalt well and faithfully discharge all the duties of his office, according to law. I
VI. And be it further enacted, That the said clerks shall make Duty of clerk, process how out and sign all process, and cause to be entered in proper books signed, &c. &c. to be kept for that purpose, a docket or register of the returns of
the same, and also proper entries of all the proceedings before the assistant justices to whom they shall respectively be appointed clerk, and shall also collect and receive for the use of the mayor, aldermen and commonalty of the city of New-York, all costs of suits and fines which may be imposed by the said assistant justices
respectively, and exhibit an account of the same monthly to the comp- . . troller of the said city, which account shall state the title of each • suit which shall have been commenced in the said court, in which any fees shall have been received, during the preceding month, and the amount of the fees which shall have been received in the same respectively, without specifying the particular items, and also the fines which shall have been received, and by whom paid, which account shall be verified by the oath of the clerk, and the amount of the monies so received, shall be forthwith paid over by him to the chamberlain of the said city: And further, That before any such account shall be delivered to the comptroller, it shall be exhibited by the clerk to the assistant justice in whose court such fees and fines were collected, and it shall be the duty of such assistant justice to examine such accounts, and compare the same with the registers and minutes of his court, and to certify whether the same appears to him to be correct or not.
VII. And be it further enacted, That the fees of the assistant pres, brid justices shall be paid by the parties for whom the respective servi. ces are rendered at the time of rendering the same.
VIII. And be it further enacted, That so much of the one hun- certain dred and thirty fifth section of the act hereby amended, as pro- section revides for the appointment of one proper person in and for each of pealed. the respective wards of the city of New-York, to be known and distinguished by the name of assistant justices of the city of NewYork, he and the same is hereby repealed, excepting so far as relates to the ninth ward of the said city: Provided always, That the Proviso. several persons now holding the said offices, shall be authorized to complete all business commenced before them, in the same manner they would have been if this act had not passed. IX. And be it further enacted, That it shall not be lawful for van
Marshals, i more than thirty of the marshals of the said city to serve process *** issuing out of the court of any assistant justice of the city of NewYork, or out of the justices court in and for the city and county of New-York, and that it shall not be lawful for any marshal to serve any such process until he shall have been commissioned to serve process issuing out of the said courts by the mayor of the said city under his hand and seal, .
X. And be it further enacted, That the said assistant justices to Further powbe appointed by virtue of this act, shall respectively have and ex- ant justice ercise the powers of justices of the peace. XI. And be it further enacted, That the fees, which shall be me
es regulatpaid to the assistant justices, in all cases when more than twenty-ed. five dollars is recovered, shall be the same as are paid to the justices of the justices' court of the said city in like cases. XII. And be it further enacted, That such parts of the several other laws,
&c. declared acts of the legislature of this state, which shall relate to the assis- is forces tant justices in and for the said city of New-York, as are not otherwise provided for by this act, shall have the same force and eftect, to all intents and purposes, which they would have had provided the provisions of this act had been incorporated with, and made part of the act hereby amended, at the time the same was passed,
CHAP. II. AN ACT to provide for the election of a Senator to represei this State in the Senate of the United States.
Passed January 7, 1820. 8th Jan. sen- BE it enacted by the People of the State of New York, re ator to be chosen.
presented in Senate and Assembly, That the Senate and Assen bly of this state shall, on the eighth day of January instant, pre ceed to the choice of a senator to represent this state in the senat of the United States, in the place of Rufus King, whose term service has expired, and that such choice shall be made in tt manner prescribed in and by the act, entitled " An act prescrib ing the times, places and manner of holding elections for senatoj to represent this state in the senate of the congress of the Unite States of America,” passed 20th March, 1801. ...
Passed January 11, 1820. Certain pro- BE it enacted by the People of the State of New-York, re.
presented in Senate and Assembly, That notwithstanding any thing contained in “ An act to amend an act, entitled “ An act to reduce several laws relating particularly to the city of NewYork into one act, so far as it relates to assistant justices,” passed January 4th, 1820, the process and proceedings of the assistant justices in and for the said city of New-York, and of the of ficers of the said courts, shall be deemed legal and valid, to all intents and purposes, whether the same shall have been commenced or continued since the passage of the said act, as if the said act
had not been passed, until the first day of February next : dnd Marshals further, That no marshal, from and after the said first day of ving pro- February, shall serve process issuing out of the marine court of
the city of New-York, unless he is one of the cominissioned number described in the ninth section of the act hereby amended.
AN ACT to enable the Trustees of the State Library to curry
into effect a resolution of the Senute and Assembly, authorising them to purchase one of Theodore Newell's astronomia cal machines.
Passed January 14, 1820. BE it enacted by the People of the State of New-York, rea payable to T. presented in Senate and Assembly, That the comptroller draw
bis warrant on the treasury, for one thousand dollars, in favor of
he trustees of the state library, to enable them to carry into ef. ct a concurrent resolution of the last session, authorizing them purchase of Theodore Newell, one of his newly invented astroomical machines.
IN ACT to amend an act to divide the town of Saratoga, in the
county of Saratoga.
Passed January 21, 1820. BE it enacted by the People of the State of New York, re- First townpresented in Senate and Assembly, That the first town-meeting meeting
"s where held, b be held in and for the town of Saratoga, in the county of Saranga, be held at the Baptist Church, in said town ; and that so lach of the act hereby amended, as is inconsistent herewith be, pd the same is hereby repealed.
IN ACT authorising a donation of a copy of the laws of the
state, for the use of the Athenæum of Philadelphia, and of the town of Boston.
Passed January 21, 1820. BE it enacted by the People of the State of New York, re. Donations to presented in Senate and Assembly. That the secretary of state um at Philaho, and he is hereby authorised, to cause to be delivered, to the delphia and Athenæum of the city of Philadelphia, and of the town of Boston, or to such person in their behalf, as they shall name, a copy of the laws of this state, heretofore passed ; and that the secretary of state may hereafter deliver to the directors, aforesaid, a copy of the laws, to be hereafter passed, at each succeeding session of the legislature. ,
AN ACT to alter the time of holding town meetings, in the towns..
Passed January 21, 1820. -BE it enacted by the People of the State of New-York, rea Tor presented in Senale and Assembly, That from and after the pass. ing in Haring of this act, the annual town meetings in the towns of Harmo. and Beti any. by, in the county of Chautauque, and Ischua, in the county of Catteraugus, and Bethany, in the county of Genesee, shall be held on the first Tuesday of March, annually; and that all such town officers, whose duty it is to meet on the last Tuesday in March, shall meet on the last Tuesday in February, in every year, to do
and transact such business as to their respective offices may ap pertain.
Court on 3d
AN ACT to alter the time of holding the October Term, of the
Court of Common Pleas and General Sessions of the Peace in and for the county of Oswego.
Passed January 21, 1820. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the courts of common pleas and general sessions of the peace, in and for the county of Oswego, shall hereafter be holden on the third Tuesday of September, in every year, instead of the first Tuesday of October.
Tuesday of Sept. annually.
AN ACT to enable the Wardens and Vestry of Saint Peter's
Church, in the village of Waterville, and town of Stamford, to sell and convey real estate.
Passed January 21, 1820. Preamble. WHEREAS the wardens and vestry of Saint Peter's church,
situate in the village of Waterville, town of Stamford, and county of Delaware, have, by their petition, represented that they own, and are in possession of certain lands and tenements, situate in said county of Delaware, and that the interest of said church might be promoted by a sale thereof, which they are not empow
ered to make: Therefore, Power to sell
BE it enacted by the People of the State of New York, re
4 certain estate presented in Senate and Assembly, That it shall and may be law
ful for the wardens and vestry of Saint Peter's church, to sell and dispose of, and convey, in fee simple, all lands and tenements, which have, or may come to their possession, except the lot of land, situated on Pine-hill, so called, in the said village of Waterville, on which the building of the church is erected ; and to loan the amount of the consideration money, which they may from time
to time receive therefor; or vest the same in public stock, as they Proviso. shall deem most advantageous to the said' church: Provided al
ways, That it shall not be lawful for the said wardens and vestry, to expend the principal sum or sums, or any part thereof, which may arise from such sales.