CHAP. 4. AN ACT for the relief of John Lawrence administrator of Nathaniel Lawrence late attorney general of this State. PASSED the 10th of February, 1801. tion to Be it enacted by the People of the State of New York represented in AppropriaSenate and Assembly, That the treasurer of this State on the warrant of John Lawthe comptroller pay to John Lawrence administrator of Nathaniel Law- rence. rence late attorney general of this State deceased out of any monies in the treasury not otherwise appropriated one hundred and eighty eight dollars and nineteen cents in full for the expences and disbursements of the said Nathaniel Lawrence in defending a suit brought against this State by Eleazer Oswald who survived Elizabeth Holt administrator of John Holt deceased. CHAP. 5. AN ACT authorizing the mayor, aldermen and commonalty of the city of Albany, to raise a sum by tax, for defraying the expence of lighting the lamps and for the support of a night watch in the said city. PASSED the 16th of February, 1801. city. Be it enacted, by the People of the State of New York, represented in Tax levy in Senate and Assembly, That it shall and may be lawful, to and for the Albany said mayor, aldermen and commonalty, in common council convened, as soon as conveniently may be after the passing of this act, to order the raising a sum not exceeding three thousand dollars by a tax, on the estates, real and personal, of all and every the freeholders and inhabi tants within the said city residing within half a mile westward of Hudson's river, to be applied to the payment of so many watchmen, as the said mayor, aldermen and commonalty have employed, or shall think necessary to employ, for guarding the said city for one year, and for defraying the expence for one year of lighting the lamps that now are or within the period aforesaid may be erected within the, said city which said sum shall be rated and assessed by the assessors of the said city for the time being, and levied and collected in the manner directed in and by the act entitled "An act for the assessment and collection of taxes' passed the first day of April one thousand seven hundred and ninety nine. But that the tax shall be paid into the hands of the chamberlain of the said city, for the time being, to be applied and disposed of, from time to time, in such manner for the purposes herein before mentioned, as the said mayor, aldermen and commonalty of the said city in common council convened, shall direct and appoint. lished. And be it further enacted, That the chamberlain of the said city, for Statement the time being, shall publish as soon as conveniently may be, a state of to be puball monies, received and expended by virtue of this act, in one or more of the public news-papers, printed in the city of Albany. Where justice attend at time for opening court. court to be tried, which by the ordinary course of law ought to be tried in the said court by jury, upon the like process and proceedings, and in like manner and with the like powers as trials are had in the like cases at the said circuit courts in and for the city and county of New York, or city and county of Albany, and that the clerk of the supreme court at Albany, shall be considered as clerk of the said sittings in the city of Albany and the same sittings may be continued from day to day Sunday excepted for as many days as the judge holding the same 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. And be it further enacted, That if it shall happen in any county that neglects to one of the justices of the supreme court shall not come to the place, where the circuit court is appointed to be held by the hour of six in the afternoon of the day for holding the court, the sheriff shall then open and shall adjourn the circuit court, and also the court of oyer and terminer and gaol delivery which shall be to be held at the same time and place, until the hour of nine in the forenoon of the next day, and if one of the justices of the supreme court shall come to the place at any time before the hour of six in the afternoon of that day, it shall be lawful for him in respect to the circuit court and for a quorum of the commissioners in respect to the court of oyer and terminer and gaol delivery or any justice thereof to open the said courts and hold the same in like manner and to every intent, as if the said courts had respectively been duly opened on the first day, and adjourned to the next day by the said justice, or by a quorum of the commissioners; and the proceedings on the record may be in the same form as if the said justice and the said quorum of the commissioners had been present and opened the said courts on the first day. If however a justice of the supreme court shall not so come on the second day all persons bound by recognizance to appear at the court of oyer and terminer and gaol delivery, shall be adjudged to be bound by such recognizance to appear at the next court of oyer and terminer and gaol delivery which shall be held in such county, notwithstanding such opening of the said court and the adjournment of the same by the sheriff as above mentioned. And further that whenever such case shall happen, the justices of the supreme court shall, in the next term thereafter appoint a circuit court to be held in every such county in the ensuing vacation. Justice not present at opening may preside. Clerks of circuit court. Id., New York city. And be it further enacted That any justice of the said supreme court, altho not present at the commencement of any circuit court or sittings may hold and continue the same, in the absence of the judge who was present at the commencement of the same court and do and execute every thing therein as fully in every respect as if he had been present at the commencement thereof. And be it further enacted, That the clerks of the several counties the city and county of New York excepted, shall be ex officio clerks of the circuit courts and courts of oyer and terminer and gaol delivery within their said counties respectively. And be it further enacted, That the clerkship of the circuit court and of the sittings and court of oyer and terminer and gaol delivery, within the city and county of New York, shall be united in, held and exercised by, the same person, and that such clerk shall be appointed by the person administering the government of this State, by and with the advice and consent of the council of appointment. And be it further enacted, That the justices of the supreme court or Court of either of them, together with the mayor, recorder and aldermen of the terrier city of New York, or any three or more of them, of whom, either of the and jail delivery; justices of the supreme court shall always be one, in and for the city grand jury and county of New York, and together with the mayor, recorder and to attend. aldermen of the city of Albany, and the judges and assistant justices of the court of common pleas for the county of Albany, or any three or more of them, of whom either of the justices of the supreme court shall always be one, in and for the city and county of Albany, and together with the judges and assistant justices of the respective courts of common pleas of each of the other counties of this State, or any three or more of them, of whom either of the justices of the supreme court shall always be one in and for each of the same counties respectively, shall be and hereby are, authorised and empowered by virtue of their respective offices, and this act without any other commission, at such times and places, in each of the said cities and counties respectively as the said justices of the supreme court or either of them, shall hold the circuit court therein and at such other times and places in each of the said cities and counties as any three of the justices of the supreme court, or any one of them with any two of the said persons within their respective cities and counties shall for that purpose appoint to enquire by the oath of good and lawful men of the same cities and counties respectively and by other ways and means, by whom and by which, the truth of the matter may be better known, of whatsoever treasons, felonies and other crimes and misdemeanors, and of the accessaries to them in the same cities and counties respectively, by whom and in what manner soever done or committed, and of every circumstance concerning the same; and the said treasons, felonies and other crimes and misdemeanors, to hear and determine and also to deliver the gaols in the same cities and counties respectively, of the prisoners therein according to law. And further that the said courts shall be held and continue with or without such circuit court in each of the said cities and counties for so long time as may be necessary to dispatch the business in the same. tion by And be it further enacted, That the sheriff of the city and county of SummonNew-York, and the sheriffs of each of the other counties in this State, grand jury; ing of shall cause to come before the said courts of oyer and terminer and gaol proclamadelivery, to be held therein twenty four good and lawful men of the sheriff. same city and counties respectively to enquire for the people of the State of New York, and the bodies of the same city and counties respectively, and to do and receive all those things which on the behalf of the people of the State of New York shall be then and there enjoined them; and also all the prisoners then being in the gaols thereof together with their attachments, indictments and all other minuments, any ways concerning those prisoners; and likewise so many good and lawful men of the same city and counties respectively, duly qualified to serve as jurors therein, as the said courts of oyer and terminer and gaol delivery or any justice thereof, shall from time to time direct, by whom the truth of the matter may be the better known and enquired into, and who have no affinity to those prisoners. And the said respective sheriffs shall cause to be publicly proclaimed, throughout their respective counties, that all those who will prosecute against those prisoners, be then and there to prosecute against them as shall be just; and shall also give notice to all justices of the peace, coroners, bailiffs and constables within their respective counties, that they be then and there in their own persons with their rolls, records, indictments and other remembrances, to do those things, which to their offices in that behalf shall appertain to be Commissions of oyer and terminer and jail delivery. To what counties directed. New commission not to ceedings. done. And the said respective sheriffs and their officers, shall then and there attend in their own proper persons, to do those things which to their offices shall appertain. And further that the district attornies shall from time to time as soon as conveniently may be, after every circuit court shall be appointed to be held in the cities and counties of this State, within their respective districts, and at least fifteen days before the time of holding the same issue precepts under the seal of the supreme court, directed to the respective sheriffs of the same cities and counties for the purposes aforesaid, mentioning the day and place when and where the said courts are to be held, and commanding the said sheriffs respectively, to do what is hereby required of them; and the said precepts shall always be in the name of the people of the State of New York, and be tested in the name of the chief justice of the said supreme court, provided, that in case the office of chief justice shall be vacant, the precepts shall be tested in the name of the next senior justice of the said supreme court; and the said precepts may be tested on any day of the term preceding the vacation in which the court is to be held. And be it further enacted, That it shall be lawful for the person administering the government of this State, by and with the advice and consent of the council of appointment, to grant and issue commissions of oyer and terminer and gaol delivery, or either of them in the manner and form heretofore used, at any time hereafter; when and as often as occasions require. But the justices of the supreme court shall always, be named in such commissions, as the justices or commissioners, with such others as the person administering the government of this State, by and with the advice and consent of the council of appointment, may think proper to execute the same; and no such commission shall at any time be executed, nor any proceedings thereupon had without the presence of one or more of the justices of the supreme court. And be it further enacted, That it shall and may be lawful for the said courts of oyer and terminer, to direct their writs into all the cities and counties of this State, where need shall be, to arrest and take such persons, as shall be indicted before them. And be it further enacted, That no manner of process or suit, before any justices of gaol delivery, oyer and terminer, or other commissioners vacate pro- of the people of this State, shall in any wise be discontinued by the making and publishing of any new commission, or by altering the names of the justices of gaol delivery and oyer and terminer, or other commissioners, but that the new justices of gaol delivery, oyer and terminer and other commissioners, shall and may proceed in every behalf as the old justices and commissioners might have done, if their commissions and authority had still remained. Resentence after re And be it further enacted, That in all cases where any person shall be prieve. found guilty of any crime punishable with death, and be reprieved before judgment, any court of gaol delivery, thereafter to be held by virtue of this act, in such city or county, where such person so found guilty shall remain, shall have power to give judgment of death against such person, as the same court before whom such person was found guilty might have done, if their authority had continued in full force. Transfer of indictments eral ses And be it further enacted, That the courts of general sessions of the peace, shall send their indictments against prisoners in gaol, to the said from gen- courts of oyer and terminer and gaol delivery, within their respective cities and counties; and the said courts shall have power to try all indictments so received and also such other indictments found in any court of general sessions of the peace, which may in the opinion of the said courts of oyer and terminer be proper to be tried in the same sions. oyer and delivery: to attend. And be it further enacted, That the justices of the supreme court or Court of either of them, together with the mayor, recorder and aldermen of the terminer city of New York, or any three or more of them, of whom, either of the and jail justices of the supreme court shall always be one, in and for the city grand jury and county of New York, and together with the mayor, recorder and aldermen of the city of Albany, and the judges and assistant justices of the court of common pleas for the county of Albany, or any three or more of them, of whom either of the justices of the supreme court shall always be one, in and for the city and county of Albany, and together with the judges and assistant justices of the respective courts of common pleas of each of the other counties of this State, or any three or more of them, of whom either of the justices of the supreme court shall always be one in and for each of the same counties respectively, shall be and hereby are, authorised and empowered by virtue of their respective offices, and this act without any other commission, at such times and places, in each of the said cities and counties respectively as the said justices of the supreme court or either of them, shall hold the circuit court therein and at such other times and places in each of the said cities and counties as any three of the justices of the supreme court, or any one of them with any two of the said persons within their respective cities and counties shall for that purpose appoint to enquire by the oath of good and lawful men of the same cities and counties respectively and by other ways and means, by whom and by which, the truth of the matter may be better known, of whatsoever treasons, felonies and other crimes and misdemeanors, and of the accessaries to them in the same cities and counties respectively, by whom and in what manner soever done or committed, and of every circumstance concerning the same; and the said treasons, felonies and other crimes and misdemeanors, to hear and determine and also to deliver the gaols in the same cities and counties respectively, of the prisoners therein according to law. And further that the said courts shall be held and continue with or without such circuit court in each of the said cities and counties for so long time as may be necessary to dispatch the business in the same. ing of And be it further enacted, That the sheriff of the city and county of SummonNew-York, and the sheriffs of each of the other counties in this State, grand jury; shall cause to come before the said courts of oyer and terminer and gaol proclama. tion by delivery, to be held therein twenty four good and lawful men of the sheriff. same city and counties respectively to enquire for the people of the State of New York, and the bodies of the same city and counties respectively, and to do and receive all those things which on the behalf of the people of the State of New York shall be then and there enjoined them; and also all the prisoners then being in the gaols thereof together with their attachments, indictments and all other minuments, any ways concerning those prisoners; and likewise so many good and lawful men of the same city and counties respectively, duly qualified to serve as jurors therein, as the said courts of oyer and terminer and gaol delivery or any justice thereof, shall from time to time direct, by whom the truth of the matter may be the better known and enquired into, and who have no affinity to those prisoners. And the said respective sheriffs shall cause to be publicly proclaimed, throughout their respective counties, that all those who will prosecute against those prisoners, be then and there to prosecute against them as shall be just; and shall also give notice to all justices of the peace, coroners, bailiffs and constables within their respective counties, that they be then and there in their own persons with their rolls, records, indictments and other remembrances, to do those things, which to their offices in that behalf shall appertain to be |