er thers and III. And be it further enacted, That it shall be lawful for the Destruction inhabitants duly qualified to vote as aforesaid, in any town meet- of wolves pan ings in the counties of Delaware, Lewis, Allegany, Herkimer, Ti- wild cata oga, and Greene, at their annual town meetings, to make such provisions, and allow such rewards for the destruction of wo ves, panthers, and wild cats, destroyed in any such town, as the said inhabitants so assembled at any such town meeting shall deem necessary and proper, which money shall be raised, levied and collected by tax in the same manner as other contingent expenses of such town, are by law raised, levied, and collected: Provided, That Proviso such bounty shall not exceed ten dollars for each full grown wolf, five dollars for each wolf whelp, and panther, and two dollars for each wild cat; and no persons shall be entitled to such reward, but inhabitants of such town: Provided, That the evidence to entitle Further pro any person to obtain such bounty on any wolf or panther, shall viso be the same as is required in and by the act, entitled, “An act to encourage the destruction of wolves, and repealing sundry acts relative to the destruction of wolves, and noxious animals and birds," passed February 9th, 1822, and that such evidence shall be required to enable any person to obtain snch bounty for destroying auy wild cat, as the supervisor of such town shall require. town officer IV. And be it further enacted, That from and after the passing Oath of any of this act, no other oath shall be required of any town officer rechquired by law to take an oath of office, than is prescribed in the sixth article of the constitution of this state, which is in the words following: "I –, do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United Ja States, and the constitution of the state of New-York, and that I will faithfully discharge the duties of the office of cording to the best of my ability." ac. to trespasses in towns, as on common lands &e V. And be it further enacted, That it shall and may be lawful Regulations for the inhabitants of any of the towns of this state, authorised by the constitution to vote for elective officers, and they are hereby authorised, at their respective annual town meetings, or at any other town meeting held for that purpose in their respective towns, from time to time to make such prudential rules and regulations as the majority of such inhabitants of such towns respectively, so assembled at their respective town meetings, shall from time to time judge necessary and convenient, for the better improving their commuon lands, in tillage, pasturage, or any other reasonable way, and for preserving and protecting the same from any trespass, for directing the use and management, and the times and manner of using their common lands and meadows, and the other commons, and to impose such penalties on the offender against any such rules or regulations, whether the said offender or offenders reside within such towns or not, as the majority of such inhabitants, so assemided, shall from time to time deem proper, not exceeding twelve dollars and fifty cents for each offence, to be sued for and Penalty recovered, with costs of suit, in like manner as is directed by the act hereby amended, in respect to other penalties imposed by the twelfth section of the said act; and if it shall so happen, that the actual amount of injury sustained in consequence of such trespass or trespasses, shall exceed the said sum of twelve dollars and fifty cents, then the amount of said damages, together with the costs of Jurors and witnesses Fifth section of a former suit as aforesaid, may be recovered in said action as aforesaid, and the same shall be a bar to any other suit for the same trespass or trespasses, and the penalties so recovered, shall be applied in such manner as the inhabitants of such town, so entitled to vote, shall at town meeting direct. VI. And be it further enacted, That in all suits to be brought for the recovery of the panalties imposed by the preceding section of this act, and also in all suits brought to recover any penalties imposed on any overseer of highways, or other person, by the act, entitled "An act to regulate highways," passed March 19, 1813, the inhabitants of the town for the benefit of which such suit may be brought, shall be competent witnesses and jurors. VII. And be it further enacted, That the fifth section of the "An act to require overseers of the poor to sue for act repealed act, entitled penalties incurred under certain penal statutes," passed February 18, IS20, be, and the same is hereby repealed. Police Jus VIII. And be it further enacted, That all the powers and jutice in Alba risdiction of an alderman of the city of Albany, to hear, try and determine all or any suits brought for the violation of any by-law, by and in the name of the chamberlain of the said city, shall be, and are hereby declared to be vested in such justice as may be duly appointed a police justice of the said city, in as full and effectual a manner as the justices court of the said city, or any aldermen thereof, now have or possess the same. Town meet ings in Co rinth IX. And be it further enacted, That the town meetings hereafter to be holden in the town of Corinth, in the county of Saratoga, shall be held on the first Tuesday in April annually, and that all town officers, whose duty it was to meet on the last Tuesday of February, shall meet on the last Tuesday of March, to do and transact such business as to their respective othices may appertain. Terms of court CHAP. CLXXXII. AN ACT concerning the Supreme Court, for dividing the State of New-York into Circuits, and concerning Circuit Courts and Courts of Oyer and Terminer, and for vesting Equity Powers in the Circuit Judges. Passed April 17, 1823. I. BE it enacted by the People of the State of New-York, rethe supreme presented in Senate and Assembly, That the supreme court of judicature in this state, shall hereafter be held at the four several terms, viz. on the third Monday of February, the first Mondays of May and August, and on the third Monday in October, in every year; and that the said terms respectively shall be called the February, May, August and October terms of the said court; and that the said terms of the said court shall respectively be held at the following places, that is to say, the May terin in each year, at the city hall in the city of New-York; the August term in each year, at the academy in the town of Utica, in the county of Oneida; the October and February terms in each year, at the capitol in the city of Albany; aud that the said several terms of the said court may be continued and held from the time of the cominencement thereof, every day, except Sunday, until and including the fourth Saturday after the commencement of each term: Provided, That Proviso no process issuing out of the said court, shall be tested or made returnable, in the third or fourth week of either of said terms. how returna 11. And be it further enacted, That all writs and process, re- Writs, &c turnable in the said court, shall be made returnable as follows: ble, and pro "Before our justices of our supreme court of judicature, at the cess before capitol in the city of Albany," or at the city hall in the city of whom, &c New-York, or at the academy in Utica, as the case may be; and proceedings in the said court, in all the records and proceedings thereof, shall be stated to be "before the justices of the people of the state of New-York, of the supreme court of judicature of the same people;" and that it shall be lawful to use paper instead of parchment, in all the proceedings in the said court, including the process thereof, and all process issuing out of the supreme court, shall be tested in the name of the chief justice or senior justice. ed Ill. And be it further enacted, That the reporter of the de- Reporter, cisions of the court for the trial of impeachments and correction of how appoint errors, of the court of chancery, and of the supreme court, shall be appointed by the president of the senate, the chancellor and chief justice, and hold his office during their pleasure. into eight cir IV. And be it further enacted, That the state of New-York State divided shall be, and hereby is divided into eight circuits, corresponding cuits with the eight senatorial districts in extent of territory, and the number by which said circuits respectively shall be known and designated. and courts of oyer and ter and when V. And be it further enacted, That there shall be held in each Circuit courts year, at least two circuit courts, and courts of oyer and terminer and gaol delivery, in such of the counties of this state as shall have miner, how been organized, except that in the city and county of New-York, held there shall be held at least four circuit courts; at which said courts respectively, one of the judges to be appointed by virtue of the fifth section of the fifth article of the constitution of the state of New-York, or one of the justices of the supreme court, shall preside which said circuit courts shall be held for the trial of all issues joined in the supreme court, or in any other court, and brought into the supreme court to be tried, and which are or shall be triable in the respective counties; and that each of the said courts shall be held so many days as the judge holding the same shall deem necessary; and that once in each year a circuit court and court of oyer and terminer and general gaol delivery, shall be held by a justice of the supreme court, in each of the counties of New-York, Albany and Oneida, and that the time of holding the said circuit courts, in the counties composing the first district, shall be fixed by the said judge as soon as may be after he enters upon the duties of his office, he giving one month previous notice there- Notice re of to the respective clerks of the counties composing his circuit, of quired the time and place of holding such court, and that the time and place of holding the circuit courts, in the second, third, fourth, fifth, sixth, seventh and eighth circuits, shall, in like manner, be fixed by the circuit judges appointed for those circuits respectively, they giv ing two months notice prior to the holding of any such circuit, to the clerks of the respective counties in their circuits; and that it shall be Duty of coun the duty of the several clerks of the counties in this state, to publish ty clerks 210 such notices respectively, in a newspaper in each of the said counties. for four weeks; and in case no newspaper is printed in the said county, then in the newspaper in the next adjoining county, and also in the newspaper printed by the printer to the state: the expense of which advertising shall be levied by the supervisors of the respective counties, as a contingent charge in said county; and that the said circuit courts shall hereafter be held at the times and places so fixed by the said circuit judges, unless altered by them respectively, and of which alteration like notice shall be given: Proviso Provided, That no circuit court shall be held or appointed to be holden as aforesaid, in any county, at the same time that the county court shall, by the appointment of law, be holden in the same county, the city and county of New-York, and the city and county Further pro of Albany excepted: And provided further, That it shall and may be lawful to continue any circuit court, held in and for the city and county of New-York, by an adjonrnment of the same to such time as the said court shall direct, by a rule entered in the minutes thereof, for that purpose; and that it shall and may be lawful for the judge of the first circuit to hold such adjourned circuit, and to continue the same by further adjournment, as often as he shall think fit; and that it shall and may be lawful to notice causes for trial, and to try the same thereat, in like manner as at any of the stated circuit courts: Provided, That nothing in this section contained, shall require more than one circuit court aud court of oyer and terminer to be held for the present year, in the respective counties of this state, other than the city and county of New-York, and the county of Oneida. Further viso pro Circuit courts where to be held If circuit judge die, &c court VI. And be it further enacted, That the said circuit courts shall be held at the court-house in the counties in which they are respectively appointed to be held, or at such other places as now are, or hereafter shall be, provided for by law, for holding such courts; and in case there be no court-house or place appointed by law, in such county, then at such place as the circuit judge for the circuit in which such county is included, shall appoint, in manner aforesaid; except that in the cities of New-York and Albany, the said circuit courts may be held at such place within the same, as the said circuit judges shall and may appoint, in manner aforesaid. VII. And be it further enacted, That in case of the death, rewho is to hold signation or removal from office, or inability, of any circuit judge, to hold the circuit courts, and courts of oyer and terminer and gaol delivery, as directed by this act, it shall and may be lawful for any judge of any of the other circuits, or for any one of the justices of the supreme court of judicature of the people of the state of New-York, to hold the said courts, or either of them, any thing Process in this act to the contrary notwithstanding: And further, That whenever any issue is to be tried at any of the said circuit courts, in the tenor or transcript of the record, and in the jury process and process of subpoena, the nisi prius clause, instead of being made returnable before the justices of the supreme court, some or one of them, as now required by law, shall be made returnable before the justices of the supreme court, circnit judges, or some or one of them. VIII. And be it further enacted, That if it shall happen in any county, that one of the circuit judges, or one of the justices of the supreme court, (in the cases provided for by this act) shall not come to the place where the circuit court is appointed to be held by the hour of four in the afternoon of the day for holding the court, the sheriff, or clerk of the county, 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 o'clock in the forenoou of the next day; and if one of the judges of the said circuit court, or a justice of the supreme court (in the cases provided for by this act) shall come to the place at any time before the hour of eight o'clock in the afternoon of that day, it shall be lawful for such judge or justice, 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; and the proceedings on the record, may and shall be in the same form, as if she said courts had been duly and lawfully opened on the first day appointed for holding the said courts; if, however, a circuit judge or justice of the supreme court, (as the case may be,) 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 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 adjournment of the same by the sheriff or clerk, as above mentioned; and whenever such circuit court shall Appointment fail by reason of the sickness, absence, removal from office, or certain cases other inability of the judge of the said circuit, the supreme court shall, at their next term, appoint a time and place for holding a circuit court, to be held in such county, in the next succeeding vacation of the supreme court, and shall assign one of the justices of the supreme court, or one of the circuit judges, to hold a circuit court and court of oyer and terminer in and for such county: And further, That any circuit judge or justice of the supreme court, although not present at the commencement of any circuit, may hold and continue the same in the absence of the judge who was present at the commencement of such court, and do and execute every thing therein as fully in every respect, as if he had been present at the commencement thereof, any thing in this act to the contrary thereof notwithstanding. of circuits in miner IX. And be it further enacted, That the said circuit judges, Courts of or either of them, together with the mayor, recorder and alder-yer and terman of any city in this state, or the judges of the county courts in any county of this state, or any three or more of them, of whom the circuit judge, or a justice of the supreme court, shall always be one, in and for each of the counties of this state respectively, shall be, and hereby are authorised and empowered, by virtue of their respective offices, and this act, and without any other commission, at such times and places in each of the cities and counties of this state respectively, as the said circuit judge or justice of the supreme court, or either of them, shall hold the circuit courts, therein to exercise the same powers, and to do the acts and things authorised to be done by the justices of the supreme court, by the |