bridge. family, across the said river, within the distance aforesaid, or shall permit any other person or persons except his or her own family, to pass such bridge or ferry, the owner thereof, and the person or persons passing said bridge or ferry, shall severally forfeit and pay to the said Nelson J. Beach, his heirs or assigns, treble the toll herein specified, with costs of suit. Penalties § 4. If any person or persons shall dig down, remove or for injuring reduce any part of the bank of the said river, at or near the said bridge, so as to damage, injure or destroy the same, or shall wilfully do or cause to be done any act whatsoever, whereby the said bridge, toll-house, or any thing appertaining to them or either of them, shall be impaired, weakened or injured, the person or persons so offending shall forfeit and pay to the said Nelson J. Beach, his heirs or assigns, treble damages, with costs of suit, to be recovered in any court having cognizance thereof. § 5. If any person shall be unreasonably or wilfully detained, hindered or prevented in passing over the said bridge, after the same is completed, the said Nelson J. Beach, his heirs or assigns, and the toll-gatherer offending in the premises, shall be liable to pay to the person so injured, a sum not exceeding five dollars, to be recovered, with costs of suit, in any court having cognizance thereof. Limitation. § 6. That if the said bridge is not completed within two years from the passage of this act, then this act, and the privileges hereby granted, shall cease and be void. Repair. Toll-house. § 7. If the said bridge shall be injured, carried away or destroyed by a freshet, or otherwise, then the said Nelson J. Beach shall be ailowed one year to repair or rebuild the same. § S. If it shall become necessary for the convenient building of said bridge, or for the purpose of erecting a convenient toll-house, to take or use any land other than the public highway, belonging to private individuals, the owner or owners thereof shall be entitled to receive full compensation therefor, to be ascertained by the oath of three respectable freeholders, to be summoned by the first judge or other judge of the court of common pleas of the county of Lewis; and upon filing a map or description of the same in the office of the clerk of said county, to be laid out upon actual survey, and adopted by said freeholders, and filed with their award or report; and upon the payment to the owner or owners of said land, such sum of money as shall 1 be fixed upon by said freeholders, the said Nelson J. Beach, § 9. The powers granted by this act shall be in force Duration of twenty years, and no longer; and at the expiration of that act. time, the said bridge shall become the property of this state. § 10. This act shall be, and is hereby declared to be a Public act. public act, and shall be benignly and favorably construed for every beneficial purpose therein mentioned. CHAP. 137. AN ACT for the Establishment of a superior Court- Passed March 31, 1828. The People of the State of New-York, represented in § 1. There shall be and hereby is established, within Name. § 2. The said chief justice, and the two associate justi- Justices. ces, shall be nominated and appointed by the governor, with the consent of the senate, and all vacancies in the said offices shall, from time to time, be supplied in like manner. The said justices, when appointed, shall hold their offices for the term of five years, and shall be subject to removal, in like manner as judges of the county courts. § 3. The said court shall be held at the city-hall of the Terms city of New-York, on the first Monday of every month; and the terms thereof shall respectively be called after the different months in which they are held, and they may be continued and held from the time of their commencement, every day, Sundays excepted, until and including the last Saturday of the same month. § 4. The judges of the said court may adjourn the same Adjournon any day previous to the expiration of the term for which ments. the same may be held, and also from any one day in term, over to any other day in the same term, if, in their opinion, the business of the court will admit thereof. Actions. § 5. The said court shall have power to hear, try and determine, according to law, all local actions arising within the city and county of New-York, and all transitory actions, although the same may not have arisen therein; and to grant new trials, in all cases where the said court shall find it necessary or proper. Causes and motions. § 6. Either of the judges of the said court may hold the same for the trial of causes, and for the hearing of non-enumerated motions; but all cases and points reserved at trials, bills of exceptions and demurrers to evidence, motions in arrest of judgment and issues in law, shall be argued or submitted in the said court, before a majority of the said judges. Salaries. § 7. The mayor, aldermen and commonalty of the city of New-York, shall pay out of the treasury of the said city, to the said chief justice, and to each of the said associate justices, for their services, respectively, the sum of not less than two thousand dollars, nor more than four thousand dollars annually, at the discretion of the said mayor, aldermen and commonalty, the same to be paid quarter yearly, in equal proportions; and when the salary shall be once fixed, the same shall not be diminished, during the residue of the term of office of the said justices. Seal. Clerk. process § 8. The said court' shall have a seal, to be devised by the justices thereof, a description of which shall be deposited in the office of the secretary of state, signed by the said justices, or a majority of them; and such seal shall then be used as the seal of the said court. § 9. The said justices shall appoint a clerk, who shall keep his office at the city-hall of the city of New-York, and attend the said court, and officiate as clerk thereof. Forms of § 10. The said court shall be a court of record, and the forms of process and proceedings now in use, in suits brought in the court of common pleas for the city and county of New-York, shall be used in the said court hereby established, as near as may be, except that the proper title of the court shall be inserted therein; and all proceedings in the said court shall be had before the same, in the same manner as they are now had before the said court of common pleas, except when otherwise directed by this act, and subject always to such alterations as may be made therein, by such rules of practice in the said court, as the justices thereof may, from time to time, establish. 1 ! § 11. All writs and process issuing out of the said court, Writa shall be under the seal thereof, and signed by the clerk, and shall be tested in the name of the chief justice, and shall be made returnable "before the justices of the superior court of the city of New-York ;" and all proceedings in the said court shall be stated to be before the justices, in manner aforesaid; and all writs directed to the said court, shall be directed in like manner to the said justices. §. 12. All process issuing out of the said court shall bear Teste. teste of one term, and be made returnable on the first day of the term next thereafter, and no process shall be tested and made returnable, during the same term, except writs of inquiry of damages to be executed out of court, process to compel the attendance of witnesses, and writs of attachmemt and habeas corpus, which may be issued and made returnable on any day in the same term, when required. any § 13. The said court shall have no power to send Restriction. process into any other county than the city and county of New-York, except in the cases herein after specified. § 14. Writs of subpoena issuing out of the said court, Writs of shall be obligatory upon any witness duly served therewith subpoena. within this state, in like manner as if such writs had been issued out of the supreme court; and the said court shall have power to enforce obedience to such subpoena by attachment, to be directed to any sheriff or other proper officer of any county in this state, who shall be subject to all the pains and penalties for not serving or returning the same, in like manner as if the same had issued out of the supreme court, and the like process and proceedings may be issued and had thereon in the said court, as are usual in like cases in the supreme court, and with like effect. causes. § 15. No writ of habeas corpus or certiorari shall be al- Order for lowed, whereby any cause or proceeding may be removed removal of before a final judgment in such cause, or before a final decision in such proceeding from the said superior court, into the supreme court of this state; but the supreme court shall have the authority to make an order to remove into the said supreme court, any transitory action pending in the said superior court, in which the trial ought to be had elsewhere than in the city and county of New-York. §16. Such order for the removal of a cause shall be When and made in the supreme court, upon motion, under the like how made. circumstances and in the like cases in which, if the action were pending in the supreme court, that court would order filed. the venue to be changed from the city and county of NewYork, to some other county, and in no other cases. Copy of § 17. Upon filing a certified copy of such order in the order to be office of the clerk of the superior court, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been brought there; and the clerk of the said superior court shall forthwith deliver to the clerk of the supreme court, all process and proceedings relating to said cause, to be filed in the office of the clerk of the supreme court in the city of New-York. ceedings. Order to § 18. Any judge of the supreme court, or any officer austay pro- thorised to perform the duties of a judge of the supreme court at chambers, shall have power, on due cause shewn, to make orders to stay proceedings in any cause pending in the said superior court, for the purpose of affording an opportunity to make the application to the supreme court for a change of venue aforesaid, and such order may be revoked in the discretion of the officer granting the same. error. Writs of § 19. All writs of error upon judgments in the said superior court, shall be made returnable before the supreme court of this state; and all the provisions of any act concerning the examination and correction of the errors of the courts of common pleas, shall apply to the said superior court, and to the judgments and proceedings of the said superior court so to be removed by writ of error, except that in no case shall a writ of error issue, unless upon a certificate of counsel, as is or may be provided for by law with respect to the issuing of writs of error on judgments of the supreme court. Fees of the clerk. Costs. § 20. There shall be paid to the clerk of the court hereby established, at the time of issuing the first writ in every suit commenced in the said court, the sum of seventy-five cents as a first motion fee; and for every cause noticed for trial at any term of the said court, there shall also be paid to the clerk, by the party noticing such cause for trial, at the time of putting the same on the calendar, the sum of one dollar and fifty cents, as a judges' trial fee, the said fee not to be paid more than once in any cause; and the above fees shall be received by the clerk of said court, and be by him accounted for, and paid into the city treasury. § 21. All the existing provisions of law, and all such as shall hereafter be adopted relating to costs in the supreme court, and the fees of the officers thereof, and the fees of |