whatsoever shall or may if they shall so see meet commence or remove any Action or Suit the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds and not otherwise or shall or may by Warrant Writ of Error or Certiorari remove out of any of the respective Courts of Mayor and Aldermen Sessions and Common Pleas any Judgment Information or Indictment there had or depending and may correct Errors in Judgment or Reverse the same it there be just cause Provided always That the Judgment removed shall be upwards of the value of Twenty Pounds Always provided and be further Enacted by the Authority aforesaid That this Supream Court shall be duely and constantly kept once every fix Moneths and no oftner That is to say On the first Tuesday of October and on the first Tuesday of April annually and every Year at the City Hall of the said City of New-York provided they shall not sit longer than eight dayes And be if further Enacted by the Authority aforesaid That it shall not be lawful for any Person or Persons whatsoever appointed or elected or commissionated to be a Justice or Judge of the aforesaid Courts to execute or officiate his or their said place or Office until such Time he or they shall respectively take the Oathes appointed by Act of Parliament to be taken in stead of the Oathes of Allegiance and Supremacy and subscribe the Test in open Court And be it further Enacted by the Authority aforesaid That all and every of the Justices of Judges of the several Courts before-mentioned be and are hereby sufficiently impowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all intents and purposes whatsoever as all or any of the said Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England legally do Provided alwayes and be it further Enacted by the Authority aforesaid That no Persons Right or Property shall be by any of the aforesaid Courts determined except where matters of Fact are either acknowledged or passeth by the Defendants Fault for want of Plea or Answer Unless the Fact be found by the Verdict of Twelve Men of the Neighbourhood as it ought of Right to be done by the Law Be it further Enacted by the Authority aforesaid That there shall be a Court of Chancery within this Province which said Court shall have Power to Hear and Determine all Matters of Equity and shall be esteemed and accounted The High Court of Chancery of this Province And be it further Enacted by the Authority aforesaid That the Governour and Council be the said High Court of Chancery and hold and keep the said Court and that the Governour may depute nominate and appoint in his stead a Chancellor and be assisted with such other Persons of the Council as shall by him be thought fit and convenient together with all necessary Officers Clerks and Registers as to the said High Court of Chancery are needfull Provided alwayes and it is hereby further Enacted by the Authority aforesaid That any Free-holder Planter Inhabitant or Sojourner within this Province may have Liberty if he or they see meet to make his or their Appeal or Appeals form any Judgment obtained against him or them in case of Error in the several courts aforesaid in such manner and form as is hereafter expressed That is to say From the Court of Mayor and Alderman and Courts of Common Pleas. To the Supream Court for any Judgment above the value of Twenty Pounds And from the Supream Court at New-York to the Governour and Council for any Judgment above the value of One Hundred Pounds And from the Governour and Council To their Majesties Counceil for any Decree or Judgment above the Value of Three Hundred Pounds as in Their Majesties Letters Patents to his Excellency doth and may more fully appear Alwayes provided That the Party or Parties so Appealing shall first pay all Cost of such Judgment or Decree from which the Appeal ariseth and enter into Recognizeance with two sufficient Sureties for double the value of the Debt Matter or Thing recovered or obtained by Judgment or Decree against him or them to the said Court from which they Appeal That they will prosecute the said Appeal or Appeals with Effect and make Return thereof wîthin Twelve Months after the said Appeal or Appeals here made And if Default happen thereon then Execution to issue out upon the Judgment against the Party or their Sureties in course without any Scire facias Provided alwayes That the establishing of these Courts shall not be or remain longer in force than for the time and space of two Years and until the end of the sitting of the next Assembly after the expiration of the said two Years An Act for the Settling Quieting and Confirming unto the Cities Towns Mannours and Freeholders within this Province their several Grants Patents and Rights respectively FOrasmuch as the many Changes Alterations and Disturbances that have been lately given unto their Majesties Subjects inhabiting within this their Province c. hath and doth very much discourage the settling improving and the growth and strength thereof and that it is now absolutely necessary for the quieting and satisfying their Majesties good Subjects within the same that the Rights and Priviledges formerly held by and granted to the respective Cities Towns Mannors and Free-holders within this Province c. should be now ratified and confirmed Be it therefore Enacted by the Governour Council and Representatives convened in General Assembly And it is hereby Enacted and Declared by the Authority of the same That all the Charters Patents Grants made given and granted and well and truly executed under the Seal of this Province constituted and authorized by their late and present Majesties the Kings of England and Registered in the Secretary's Office unto the several and respective Corporations or Bodies Politick of the Cities Towns and Mannors and also to the several and respective Free-holders within this Province are and shall forever be deemed esteemed and reputed good and effectual Charters Patents and Grants authentick in the Law against their Majesties their Heirs and Successors forever notwithstanding of the want of Forms in the Law or the Non-feizance of any Right Priviledge or Custom which ought to have been done heretofore by the Constitutions and Directions contained in the respective Charters Patents and Grants aforesaid And be it further Enacted by the Authority aforesaid That all the Charters Patents and Grants made given and granted as aforesaid unto all and every the several and respective Corporations or Bodies Politick of the Cities Towns and Mannors and their Successors and also unto all and every the respective Free-holders their Heirs Assigus forever within this Province are to all intents and purposes whatsoever hereby Ratified and Confirmed To Have Hold Exercise Occupy Possess and Enjoy all their
any Town or County within this Province are hereby fully impowered and authorized to have Cognizance of all Causes Cases of Debts and Trespass to the value of Forty Shillings or under which Causes and Cases shall he heard tryed and finally determined without a Jury by every Justice of the Peace that resides within any Town or County within this Province he taking to his Assistance at the time of his hearing and determining such Cause or Cases of Debt and Trespass to the value of Forty Shillings and under one of the Free-holders of the Town and place where the cause of Action doth arise The Process of warning shall be by a summons under the Hand of the Justice directed to the Constable of the Town or Precinct or any deputed by him where the Party complained against doth live Which Summons being Personally served or left at the Defendants House two days before the Day of Hearing of the Plaint shall be sufficient Authority to and for a said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precincts or his Deputy shall and may serve Always provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the Increase of Virtue and Discouraging of Evil-doers throughout this Province Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City and County within this Province at the Times and Places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York at the City Hall of the said City four times every Year viz. The first Tuesday in May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany at the City Hall of the said City the first Tuesday in June the first Tuesday in October and the first Tuesday in February For Westchester at Westobester the first Tuesday in June and the first Tuesday in December For Vlster at Kingston the first Tuesday in September and the first Tuesday in March For the County of Richmond at the Court-House the first Tuesday in September and the first Tuesday in March For Kings County at Flatbush alias Midwout the second Tuesday in May and the second Tuesday in November For Queens County at Jamaica the third Tuesday in May and the third Tuesday in September For Suffolk County at Southold the last Tuesday in September And the last Tuesday in March at Southampton Orange County to be annixed to the County of New-York and Dutches County to the County of Vlster Which Sessions of the Peace shall only hold and continue for the space and time of two Dayes and no longer And for the more regular and beneficial Distribution of Justice to the Inhabitants of each respective City and County within this Province Be it further Enacted by the Authority a foresaid That there be kept and held a Court of Common Pleas in each respective City and County within this Province at the Times and Places hereafter named and expressed That is to say At such places in each respective County as the said Court of Sessions are to be kept and to begin the next day after the Sessions terminates and only to hold and continue for the space and time of two days and no longer And that there be one Judge with three Justice in each County Appointed and Commissionated to hold the same Court of Pleas Three whereof to be a Quorum And that the several and respective Courts hereby established shall have Jurisdiction to Hear Try and finally to Determine all Actions or cause of Actions and all Matters and Things and Causes Tryable at the Common Law of what Nature or Kind soever Provided alwayes and it is hereby enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in this Court to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding Provided alwayes and it is hereby Enacted That the Courts of Mayor and Aldermen of the respective Cities of New York and Albany shall have in each of their respective Cities the Power and Authority to Hear Try and finally to Determine all such Actions and Suits as is commonly cognizable before them from which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding To which respective Court of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made And one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular Proceedings in the said Court all Processes and Writs of what Nature soever for the Command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each City and County within this Province and executed by them their Under-Sheriffs or Deputy or Deputies And all Processes and Writs for Actions betwixt Party and Party in the said Court shall issue out of the Office of the Clark of the Court in each City and County respectively signed Per Curiam And that Their Majesties Subjects inhabiting within this Province may have all the good proper and just wayes and means for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby Enacted and Ordained by Authority aforesaid That there shall be held and kept a Supream Court of Judicature which shall be duely and constantly kept at the City of New-York and not else-where at the several and respective Times hereafter mentioned And that there be five Justices at least appointed and commissionated to hold the same Court Two whereof together with one chief Justice to be a Quorum Which Supream Court is hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within Their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons
of the Town or Precinct or any deputed by him where the the Parry complained against doth live which Summons being Personally served or left at the Defendants House two dayes before the Day of Hearing of the Plaint shall be sufficient Authority to and for the said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereupon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precinct or his Deputy shall and may serve Alwayes provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the encrease of Virtue and the discouraging of Evil-Doers Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City County within this Province at the times and places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York and Quange County at the City Hall of the said City four General Quarter Sessions of the Peace annually and every Year upon the first Tuesday of May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany three General Sessions of the Peace at the City Hall of the said City annually and every Year on the first Tuesday in June on the first Tuesday in October and on the first Tuesday of February And for the County of Westchester two General Sessions of the Peace annually and every Year at Westchester on the first Tuesday of June and on the first Tuesday of December And for the County of Vlster and Dutches County two General Sessions of the Peace annually and every Year at Kingston on the first Tuesday of March and the first Tuesday of September And for the County of Richmond two General Sessions of the Peace annually and every Year at the Court House in the said County on the first Tuesday in March and the first Tuesday of September And for Kings County two General Sessions of the Peace annually and every Year at Flatbush or the second Tuesday of May and on the second Tuesday of November And for Queens County two General Sessions of the Peace annually and every Year at Jamaica on the first Tuesday in May and on the third Tuesday of September And for Suffolk County two General Sessions of the Peace annually and every Year on the last Tuesday in March at Southampton and on the last Tuesday of September at Southold Which General Sessions of the Peace in each respective City and County aforesaid shall only hold and continue for the space and time of two dayes and no longer And for the more Regular and Beneficial Distribution of Justice to the Inhabitants of each respective County aforesaid Be it further Enacted by the Authority aforesaid That there shall be kept and holden a Court of Common Pleas in each respective County aforesaid at the Times and Places hereafter named and mentioned That is to say At such Places in each respective County as the said General Sessions of the Peace are to be kept and to begin the next day after the Sessions terminate and then only to hold and continue for the space and time of Two Dayes after and no longer And that there be a Judge assisted with three Justices of the Peace in each respective County appointed and commissionated to hold the same Court of Pleas three whereof to be a Quorum And that the several and respective Courts of Pleas hereby established shall have Power and Jurisdiction to Hear Try and finally determine all Actions or Cause of Actions and all Matters and Things and Causes tryable at the Common Law of what Nature of Kind whatsoever so that the Action or Cause of Action the Matter Thing and Cause Tryable and the Nature and Kind thereof doth not relate to or concern Titles of Land Provided always and it is hereby Enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in the said Courts of Pleas to the Value of Twenty Pounds or under any thing contained herein to the contrary hereof in any wayes notwithstanding And it is further Enacted by the Authority aforesaid That the Courts of Mayors and Aldermen of the respective Cities of New-York and Albany shall have in each of their respective Cities the Powers and Authorities to Hear Try and finally to Determine all such Suits and Actions of their Corporations as is commonly cognizable before them From which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing herein contained to the contrary hereof in any wayes notwithstanding To which respective Courts of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made and one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular proceedings in the said Court all Process and Writs of what Nature soever for the command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each County aforesaid and executed by them their Under-Sheriffs or Deputy or Deputies And all Process and Writs for Actions betwixt party and party in the said Court shall issue out of the Office of each respective Clark of each respective Court signed Per Curiam Provided alwayes That nothing herein contained shall be taken or construed to take away the Priviledge of the Town of Kingston in the County of Vlster for the hearing and determining all Actions and Cause of Actions arising within the Liberties of the said Town to the value of five Pounds under any thing contained herein to the contrary hereof in any ways notwithstanding And that all their Majesties Subjects inhabiting within this Province may have all the good proper just easie and beneficial wayes for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby further Enacted and Ordained by the Authority aforesaid That there shall be at New-York a Supream Court of Judicature the which shall consist of five Justices which shall be appointed and commissionated for that purpose two whereof together with one chief Justice to be a Quorum Which Supream Court are hereby fully impowered to
have Cognizance all of Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequor within their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons whatsoever shall or may if they shall see meet commence or remove any Action or Suit the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds and not otherwise or shall or may by Warrant or Certiorarie remove out of any of the respective Courts of Mayor and Aldermen Sessions of the Peace and Common Pleas any Judgment Information or Indictment there had and depending Provided alwayes that the Judgment removed be upwards of the Valve of Twenty Pounds Out of the Office of which Supream Court at New-York aforesaid all Process shall issue out under the Test of the Chief Justice of the said Court and to which Office all Returns shall be made Which Supream Court shall be holden at such Times and Places as herein after is limitted appointed For the City and County of New-York and County of Orange on the first Tuesday in April and on the first Tuesday in October annually and every Year For the City and County of Albany the first Tuesday in Mar. For Vlster and Dutches County the third Tuesday in May. For the County of Westchester the last Tuesday in June For Kings County the first Tuesday in August For Queens County the second Tuesday in August For the County of Suffolk the third Tuesday in August And for the County of Richmond the second Tuesday of June And be it further Enacted by the Authority aforesaid That all and every of the Justices or Judges of the several Courts afore-mentioned be and are hereby sufficiently impowered to make ordain and establish all such Rules and Orders for the more Regular practising and proceeding in their said Courts as fully and amply to all intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequor in England legally do Provided alwayes and be it further Enacted by the Authority aforesaid That no Persons Right or Property shall be by any of the aforesaid Courts determined except where matters of Fact are either acknowledged by the Parties or Judgment he acknowledged or passeth by the Defendants Fault for want of Plea or Answer unless the Fact be found by the Verdict of Twelve Men of the Neighbourhood as it ought to be done by the Law And be it further Enacted by the Authority aforesaid That one of the Justices of the said Supream Court commissionated as aforesaid shall once in every Year at the aforesaid Times and Places in each respective County aforesaid go the Circuit and at the places and times aforesaid there hold the Supream Court being then assisted by two or more of the Justices of the Peace of the several respective Counties where the said Supream Court is to be holden and shall there hear and determine all Process and Pleas there depending and issued as aforesaid Alwayâ—â— provided That in such County where there is no Process issued or Pleas depending That the Justice shall not be then obliged to go the Circuit to the said County any thing contained herein to the contrary hereof in any wayes notwithstanding Alwayes provided the Sessions of the said Supream Cours shall not continue nor hold longer at New-York than five dayes at the other respective places in each respective County than two dayes and no longer And be it further Enacted by the Authority aforesaid That there shall be a Court of Chancery within this Province which said Court shall have Power to hear and determine all Matters of Equity and shall be esteemed and accounted The High Court of Chancery of this Province And be it further Enacted by the Authority aforesaid That the Governour and Council be the said High Court of Chancery and hold and keep the said Court And that the Governour may depute nominate and appoint in his stead a Chancellor and be assisted with such other Persons of the Council as shall by him be thought fit and convenient together with all necessary Officers Clarks and Registers as to the said High Court of Chancery are needful Provided alwayes and it is hereby further Enacted by the Authority aforesaid That any Free-holder Planter Inhabitant or Sojourner within this Province may have liberty if he or they see meet to make his or their Appeal or Appeals from any Judgment obtained against him or them in case of Error in the several Courts aforesaid in such manner and form as is hereafter expressed That is to say From the Courts of Mayor and Aldermen and Courts of Common Pleas to the Supream Court for any Judgment above the Value of Twenty Pounds And from the Supream Court at New-York to the Governour and Council for any Judgment above the value of One Hundred Pounds And from the Governour and Council to Their Majesties in Council for any Decree or Judgment above the Value of Three Hundred Pounds as in their Majesties Letters Patents to his Excellency doth and may more fully appear Alwayes provided That the Party or Parties so appealing shall first pay all Costs of such Judgment or Decree from which the Appeal ariseth and enter into Recognizance with two sufficient Sureties for double the value of the Debt Matter or Thing recovered or obtained by Judgment or Decree against him or them to the said Court from which they appeal That they will prosecute the said Appeal or Appeals with Effect and make Return thereof within twelve Months after the said Appeal or Appeals here made And if default happen thereon then Execution to issue out upon the Judgment against the Party or their Sureties in course without any Scire facias Provided alwayes That the establishing of these Courts shall not be or remain longer in force than for the time and space of two Years from and after the Expiration of the former Act before-mentioned and no longer An Act for settling Fairs and Markets in each respective City and County throughout this Province WHereas great Inconveniency doth arise unto the Inhabitants of the Province for want of certain Market dayes in each respective City and County throughout the same the Trade of the Province is likewise very much discouraged for want thereof as well as for the want of publick Fairs in each respective City and County to be held and kept at least once in every Year For Remedy whereof and that Trade and Commerce may be the better encouraged and propagated for the good and weal of all the Inhabitants aforesaid Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and it is hereby Enacted by the Authority of the same That there shall be held and kept in the respective Counties aforesaid upon every Thursday of the Week