Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 609 words

and Authority with tlie advice and consent of her Majesties

Councill for the said Province to Erect Constitute and Establisli

such and soe many Courts of Judicature and Publick Justice

within the said .Province and Territories depending thereon as

his said Excellency and Councill should think fitt and necessary

for the heareing and determining of all Causes as well Criminall

as Civill according to Law and Equity and. for awarding

Execucon tliereupon with all rcasonal^le and necessary powers

aut'iorities ITees and Priviledges belonging to them, And for as

much as the said Island called Nutten Island lyeth not within

the body of any County of this Province and in noe wise subject

to tlie Jurisdiction of any of the Courts tliat are now Established

within the same, And to the End that Publick Justice may be

duely and Impartially administered among the severall Palatines

now being on the said Place and others Resorting thitlier His

said Excellency The Governor hath thought fitt by and Vv'ith the

advice and consent of her Majesties Councill by virtue of the

Powers and Authorities unto him Given by her said Majesties

Letters Patents to Publish Ordaine and Declare, And his said

Excellency the Governor by and with the advice and consent

aforesaid Doth hereby Publish Ordaine and Declare Tliat any

PAPERS RELATING TO THE PALATINES. 555

one of tlie Justices appointed to keep tlie Peace witliLii tlie said Island called Nutten Island is by these presents fully Impovvered and Authorized to have Cognizance of all Causes Debts Trespasses or otlier strifes or Controversies arriseing witliin the said Island to the value of fforty shillings and under Which Causes and Cases shall be heard Tryed and Determined without a Jury by any one of the Justices of the Peace within the said Island. The Process to be by Sumons under tlie hand of the Justice Directed to tlie Constables of the said Island Whicli Sumons being personally served or a Copy left at the Defendants place of abode two days before the heareing of the said Cause or Case shall be suificlcnt Autliority to and f(jr the said Justice to Proceed to hcare such Cause or Ca^e and Determine the same in the Defend^^ absence by his Delldt And the said Justice is hereby Impovvered to award and Grant Execution on any Judgement by him to be given by Yertue hereof against any person or persons or against his or their Goods and Chattels at his discretion as hee shall soe Give Judgement against and Condemne in the said Cause or Causes Which said Execution shall be Directed to the Constables of tlie said Island who is hereby Directed and Commanded to Execute the same and to keep and detaine in strict Custody such Person or Persons in the Comon Gaole of the Island for that purpose to be made untill satisfaction of the said Judgement, or to levy the same on t!ie Goods and Chattels of such Person or Persons according as tlie said Execution shall Require and Command them to doe, And it is hereby further Ordained by the Authority aforesaid That if any Person or Persons shall think themselves agrieved by the Judgement of any one of the Justices in manner and forme aforesaid to be given That then the Party soe agrieved may appeale from the same Judgement unto any two of the Justices aforesaid who are hereby authorized and Impowered to heare Trye and finally to Determine the same Cause in the same manner and forme as is before Directed and appointed, and in Case the said Ifirst Judgment shall by the two Justices on sucli appeale be affirmed.