Selected quad for the lemma: peace_n
Text snippets containing the quad
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A53034
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An ordinance of His Excellency and Council for the establishing courts of judicature for the ease and benefit of each respective city, town, and county within this province of New-York
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New York (State)
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1699
(1699)
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Wing N833; ESTC R12090
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3,548
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4
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AN ORDINANCE OF His Excellency and Council For the establishing Courts of Judicature for the ease and benefit of each respective City Town and County within this Province of New-York WHEREAS His most Sacred Majesty by his Royal Letters Patents bearing date the Eighteenth day of June in the nineth year of His Majesties Reign did amongst other things therein mentioneâ— give and grant unto his Excellency Richard Earl of Bellomont Captain Geneâ—al and Governour in chief over the Province of New-York c. Full power and Authority with the Advice and consent of His Majesties Council for the said Province to erect constitute and establish such and so many Courts of Judicature and publick Justice within the said Province and Tèrritories depending thereon as his said Excellency and Council shall think fit and necessary for the hearing and determining of all Causes as well Criminal as Civil according to Law and equity and for awarding Execution thereupon with all reasonable necessary Powers Authoritie Fees and Priviledges belonging to them his said Excellency the Governour by with the â—dvice and consent of his Majestits said Council by vertue of the Powers and Authorities derived unto them by his said Majesties Letters Patents Does by these presents ordain and it is hereby ordained by the Authority aforesaid That every Justice of the Peace that resides within any Town or County within this Province are by these presents sully impowered and authorized to have cognizance of all causes cases of debt and Trespasses to the value of fourty shillings or under which causes or cases shall and may be heard tryed and finally determined without a Jury by every Justice of the Peace residing as aforesaid he taking to his Assistance at the time of hearing and determining such causes and cases of debt and trespasses to the value aforesaid one of the Freeholders of the Town or place next to where the cause or Action doth arise the process of warning shall be by Summons under the hand of the Justice directed to the Constable of the Town or Precinct or to any deputed by him where the party complained against does live or reside which summon being personally served or left at the Defendants House or place of his abode two days before the hearing of the plaint shall be sufficient Authority to and for the said Justice â—…d as aforesaid to proceed to hear such cause or causes and determine 〈…〉 the Defendants absence and to grant execution thereupon against the Defendantâ— Person or for want thereof his Goods and Chattels which the Constable or his deputy of that Town or Precinct shall and may serve A 〈…〉 is said â—…ency and Council do by these presents further ordain That there shall be kept and holden a Court of Common Pleas in each respective County within this Province which shall be holden in each respective County at such places in each Respective County as the General Sessions are usually held and kept and to begin the next day after the Sessions of the Peace does end and terminate and then only to hold and continue for the space and term of two days and no longer And that the several and Respective Courts of Pleas hereby established shall have Power and Jurisdiction to hear try finally to determine all Actions or causes of Action all matters thing tryable at common Law of what nature or kind soever Provided always and it is hereby ordain'd That there may and shall be an Appeal or removal by Habeas Corpus or any other lawful Writ of any Person or of any Action or Suit depending and of any Judgment or Execution that shall be determined in the said respective Courts of Pleas upwards of Twenty Pounds and of any action or suit wherein the Right or Title of any Freehold shall be brought in dispute or upon tryal And be it further Ordained by the Authority aforesaid That there shall be held and kept at the City of New-York a Supream Court oâ— Judicature which Supream Court is hereby fully impowered to have cognizance of all Pleas Civil Criminal and Mâ—xt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within his Majesties Kingdom of England have or ought to have in to which Supream Court all and every Person and Persons whatsoever shall or may if they see meet commence any Action or Suit the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds and shall and may by Certiorari Habeas Corpus or any other lawful Writ remove out of any of the respective Courts of Mayors and Aldermen Sessions of the Peace or Common Pleas any Information or Indictment there depending or Judgment thereupon given or to be given in any Criminal matter whatsoever cognizable before them or any of them As also all Actions Pleas and Suits real personal or mixt depending in any of the said Courts and all Judgments thereupon given or to be given Provided always That the action or Suit depending or Judgment given be upwards of the value of Twenty Pounds or that the Action or Suit there depending or determined be concerning the Right or Title of any Free hold And 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 the City of New-York on the first Tuesday in April and on the first Tuesday of October annually and every year and each Sessions of the said Court shall only continue for the space of five days and no longer And one of the Justices of the said supream Court shall annually or once in every year if need shall so require go the Circuite and hold and keep the said Supream Court for the City and County of Albany at Albany on the first Tuseday in May for Vlster and Dutches County on the third Tuesday in May for the County of Westchester the last Tuesday in June for kings-Kings-County the first Tuesday in August for queens-Queens-County the second Tuesday in August for the County of Suffolk the third Tuesday in August for the County of Richmond the second Tuesday in June Which Justice when he goes the Circuit shall in each respective County be attended with two or more of the Justices of the Peace at least during the time of two days whilst the said Court in the Circuit is sitting and no longer And it is further ordained by the Authority aforesaid That all and every of the Justices or Judges of the several Courts afore-mentioned be are hereby sufficiently impowered and authorized to make ordain and establish all such Rules and orders for the more regular practising and proceeding in the said Courts as fully and amply to all intents and purposes whatsoever as all or any of the Judges of the several Courts of Kings Bench Common Pleas and Exchequer in England legally do And it is also further ordained 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 confessed or passeth by the Detendants 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 ordained by the Authority aforesaid That the General Sessions of the Peace shall be held in each respective City and County within this Province at the times and places hereafter mentioned that is to say For the City and County of New-York at the City-Hall of the said City four General Sessions of the Peace annually and every year upon the first Tuesday of May the first Tuesday of August the first Tuesday of November and the first Tuesday of 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 of June October and February For the County of Westchester two General Sessions of the Peace annually and every year at Westchester on the first Tuesday of June and December For Vlster and Dutches County two General Sessions of the Peace annually and every year at Kingston on the first Tuesday of March and September For the County of Richmond two General Sessions of the Peace annually and every year on the first Tuesday of March and September For Kings County two General Sessions of the Peace annually and every year at Flatbush on the second Tuesday in May and November For Queens County two General Sessions of the Peace annually and every year at Jamaica on the third Tuesday of May and September For the County of Suffolk two General Sessions of the Peace annually and every year at Southampton on the last Tuesday in March and at Soâ—thold on the last Tuesday of September Which General Sessions of the Peace in each respective City and County aforesaid shall only hold and continue for the space and term of two days and no longer Always provided and he is further ordained by the Authority aforesaid That nothing herein contained shall be construed to infreinge upon the Rights and Priviledges of the respective Courts of Maâ—ors and Aldermen of the City of New-York and Albany but that they and each oâ— them may hold and keep their respective Courts of Mayor and Aldermen after such manner and â—orm as they are accustomed to do and to hear and determine all matters brought before them as formerly accustomed any thing to the contrary hereof in any ways notwithstanding In Testimony whereof His Excellency and Council have caused the great Seal of this Province to be hereunto annexed at New-York this fifteenth day of 〈◊〉 in the eleventh year of the Reign of Our Soveraign Lord William the Third by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Annoque Domini 1699. Pursuant to an Order of Council we do Report this to be a proper Scheam for erecting the Courts of Judicature of this Province which is humbly submitted W. Smith John Guest Ja. Graham