Articles and minutes of the Kinderhook Law Society, 11 December 1805-10 January 1806

Articles and minutes of the Kinderhook Law Society, 11 December 1805-10 January 1806

Considering the importance of Elocution and Legal knowledge particularly among Gentlemen whose profession is the Law, we whose names are subscribed to these articles have entered into an Assocication for improvement in the foregoing branches of Science, to be called and known by the name of the Kinderhook Law Society.

I. The Society shall meet on Saturday evening of each week precisely at six OClock at such place as the Society shall from time to time appoint.

II. The officers of the Society shall consist of a president Secretary and Examiner. The president and Secretary to be appointed by the society ^by ballot^ for the space of one month, and the Examiner to be appointed weekly by the president.

III. The exercises of the society shall be

1st. An examination on as much of Bl. Com. as the Society shall at their respective meetings direct

2d. The disputation of some Law Question approved by the society. The argument to be by two members on each side of the question to be appointed by the president.

IV. Any Gentleman who wishes to become a member of this Society must be proposed by a member, and to admit him shall require an unanimous consent of all the members by ballot. 

V. The order of debate shall be as follows

1. One Gentleman on the Affirmative

2. One on the Negative

3. The other on the same side

4. The other on the affirmative

VI. All questions argued shall be determined by the president at the meeting next after the argument, saving however to each member the right of appeal to the society, who shall then decide without argument, by a vote

Danl Livingston

Chs. A. Foote

Henry F Penfield

Philip Van Vechten

M.V.Buren

Francis Pruyn

B. B. Phelps

 

Decr 11th 1805

The Society met for the first time and having adopted the foregoing regulations Resolved that Francis Pruyn should be president for this and the next meeting and that Foote should be secretary for the same time And Van Buren Examiner.

The President appointed Van Vechten Penfield, Van Buren and Foote, to argue the following question at the next meeting Viz

"Can the truth ^in all cases^ be given in evidence on an indictment for a libel at Common Law?"

Affirmative

Negative

Van Vechten

Van Buren

Penfield

Foote

Adjourned 

 

Decr 17th 1805

The Society met pursuant to adjournment, present Pruyn Van Buren Penfield Livingston and Foote. The examination having been gone through with, the debate was opened by Mr Van Vechten who was followed by Foote and Van Buren on the negative and closed by Penfield on the affirmative.

The president decided from the authorities read that the truth "could not ^in all cases^ be given in evidence."

The society then proceeded to the election of officers. Pruyn was elected president. Penfield secretary. Phelps was proposed & elected a member.

Van Buren was appointed examiner.

The question for debate next evening is "The sheriff holds an Execution against A in favour of B and collects the money Before he pays it over to B he receives a fr. fa. against B can he appropriate the money to the discharge of it?"

Affirmative

Negative

Penfield

Phelps

Van Vechten

Foote

adjourned

The society mett pursuent to adjournment present Pruyn, Foote, Van Vechten, Van Buren, Livingston, Phelps, & Penfield. The examination having been gone through with, Penfield opened the debate and was followed by Phelps & Foote ^on the negative^ and closed by Van Vechten on the affirmative  

The question was then referred to the President ^to be decided^ at the next meeting.

Van Vechten was appointed Examiner

The question for debate the next evening is "In an action of debt upon bond for the payment of money where the condition and interest exceed the penalty can the plaintiff recover more than the penalty?"

Affirmative

Negative

Foote & Van Vechten

Phelps & Penfield

adjourned

21st Decr. 1805

 

The Society met pursuant to adjournment present, Pruyn, Van Vechten, Foote, Phelps & Penfield. The examination having been gone through with. The President delivered his decision on the question, discussed the preceding evening, in the negative: (see opinion No 1.)

The question selected for this evening being then called up, was decided find the affirmative without a debate. 

The question selected for the next evening is "Defendant having promised, in writing, the ^opposite^ attorney to pay the legal taxable costs is it necessary for the attorney to serve Copy Bill of Costs before bringing action"

Affirmative

Negative

Phelps & Van Buren

Foote & Van Vechten

adjourned

28th Decr 1805

 

The Society met pursuant to adjournment. Present Foote, Van Vechten, Van Buren, Phelps and Penfield. The president being absent the society chose Penfield, president pro. tem.

The examination having been gone through with, the debate was opened by Van Buren in the affirmative, who was followed by Van Vechten in the negative and closed by Van Buren in the affirmative. The decision was postponed till the next meeting. 

The question for discussion the next evening is "a Debtor Being discharged from his debts by virtue of the three fourths act, can an action be maintained against him for the debt or debts on a promise after obtaining his certificate"

Affirmative

Negative

Penfield & Van Vechten

Phelps & Foote

Penfield was appointed examiner. 

adjourned

4th Jany 1806

10th January 1806

The society met pursuent to ajournment. Present Mess. Van Vechten, Foote, Penfield and Livingston & Phelps. The President being absent the society chose Livingston President pro. tem. The examination having been gone through with, The debate was postponed, till the next meeting. The society then proceeded, to the election of Officers. Prine was elected President, Livingston Secretary. Livingston was appointed examiner.

Adjourned

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