Production Note Cornell University Library pro- duced this volume to replace the irreparably deteriorated original. It was scanned using Xerox soft- ware and equipment at 600 dots per inch resolution and com- pressed prior to storage using CCITT Group 4 compression. The digital data were used to create Cornell's replacement volume on paper that meets the ANSI Stand- ard Z39.48-1984. The production of this volume was supported in part by the Commission on Prés- ervation and Access and the Xerox Corporation. Digital file copy- right by Cornell University Library 1992.THE COLONIAL LAWS YEAR 1664 TO THE REVOLUTION, CHARTERS TO THE DUKE OF YORK, THE COMMISSIONS AND IN- STRUCTIONS TO COLONIAL GOVERNORS, THE DUKE’S LAWS, THE LAWS OF THE DONGAN AND LEISLER ASSEM- BLIEZ THE CHARTERS OF ALBANY AND NEW YORK AND THE ACTS OF THE COLO- NIAL LEGISLATURES FROM 1691 TO 1775 INCLUSIVE. TRANSMITTED TO THE LEGISLATURE BY THE CO MMISSIONERS OF STATUTORY REVISION, PURSUANT TO CHAPTER 125 OF THE LAWS OF 1891. OF FROM THE INCLUDING TÏ1E Volume i ALBANY: JAMES B. LYON, STATE PRINTER. 1894./ State of New York. No. 107. IN ASSBM BLY. REPORT OP THE C0MMISSI0NF.RS 0F STATUTORY REVISION. STATE OF NEW YORK : To the Législature: In accordance with chapter 125 of the Laws of 1891, we hâve the honor to présent, herewith the Report of the Commissioners of Statutory Révision, relating to the publication of the Colonial Laws. Respectfully yours, CHARLES Z. LINCOLN, WILLIAM H. JOHNSON, A. JITDD NORTHRUP, Commissioners of Statutory Révision./ EXPLANATORY NOTE. The Statutory Révision Commission was directed by chapter 125 of the Laws of 1891 to republish Verbatim, preserving the original spelling and pnnctuation, the statutes of the Colony of New York, from the foundation thereof to the adoption of the first Constitution. There has never been a complété publication of the colonial laws of New York. In the year 1694, William Bradford, who was then public printer of the colony, published the laws enacted by the colonial législature since its first session in 1691. There are but» seven copies of this édition known to be in existence, one in the library of the Historical Society of Pennsylvania, one in the library of the New York Society, one in the Lenox library, one in the State library at Albany, one in the office of the Secretary of State at Albany, one in the possession of Mr. Bernheim of New York, and one owned by Mr. John Boyd Thacher of Albany. The copy owned by Mr. Bernheim has been reprinted in fac simile by the Grolier Club of New York, under the supervision and editor- ship of Mr. Robert Ludlow Fowler. This reprint is referred to in the notes preceding the chapters as “ Fowler’s Bradford.” The copy in the State library was purchased by the State at the sale of the library of Mr. Brinley of Hartford, Conn., its former owner, and is referred to in the notes as “ Brinley’s Bradford.” It con- tains most of the session laws down to the year 1710, bound in with the original publication of 1694. Other éditions of the session laws were published from time to time by William Bradford, and référencés in the notes are to éditions contained in the State library, Albany. Another publication of the colonial laws, known as Baskett’s édition, was made in London in 1718. In the year 1752, Livingston and Smith, under the direction of the colonial législature, published the colonial laws then in force, enacted by the colony from 1691 to 1751, inclusive. In the year 1762, the same editors published the colonial laws enacted since 1751 down to and including the 22d day of May, 1762. In the year 1772, Peter Van Schaack was directed by the législature tovi EXPLANATOKY NOTE. publish ail thé colonial laws then in force, and in the following year such publication was made by him, including the laws enacted from 1691 down to and including March 8, 1773. The subséquent laws of 1774 and 1775 were published by Hugh Gaines, the public printer, a copy of which publication is in the State library at Albany. Ail of the foregoing éditions contain the full text of the laws in force at the date of publication, acts that had then expired being referred to by title only. As it was the custom to enact laws 'for a limited period, many important acts expired before any publica- tion of the laws was made; and as a resùlt any publication or ail publications of the colonial laws heretofore made contain but a comparatively small proportion of colonial législation. The Kevision Commission has taken the édition of Yan Schaack as a basis of this publication, so far as the arrangement and chapter numbering are concerned. Every act, however, of which the original or a copy is known to be in existence has been printed in full. The Commission has also deemed it to be within the scope of its authority to publish the laws of the government of the colony from the first English occupation in 1664 to the General Assembly of 1691. These include the charters to the Duke of York, the com- missions and instructions to the colonial govemors, the Duke’s laws for the government of the colony, the laws passed by the Assemblies of 1683, 1684 and 1685, sometimes known as the “ Dongan laws,” and the laws of the Leisler Assembly of 1689 and 1690. The Dongan charters of the cities of New York and Albany, and the Montgomery charter for the city of New York are also printed as laws of the dates when granted or confirmed. It will be observed that the note preceding each chapter indicates former publications of the chapter, so that comparison can be made if desired. The first sixty-three chapters of the laws, beginning with the year 1691, except when otherwise stated in the note preceding a chapter, hâve been copied from the parchment-rolls in the State library. The Commissioners hâve been unable to obtain any trace of the originals of these laws. They were probably transmitted to England for royal approval, and these parchment copies preserved for the use of the colony. At any rate the parchment-rolls now in the State library, but formerly in the office of the Secretary of State, appear to be the official and best evidence of the text of the originals.EXPLANATORY NOTE. vu The laws subséquent to chapter 63, except where otherwise stateÜ in the note at the beginning of the chapter, hâve been copied from the original manuscripts in the office of the Secretary of State. It will be observed from the notes that in a few instances the original has been lost. In such case a copy has been made from whatever source the Commissioners deemed most authentic. The note at the beginning of each chapter also indicates whether the chapter is a continuation or a revival of a former act, and generally anything of interest in reference to the chapter that may hâve corne to the observation of the Commissioners. Under the subject title in the index, every revival, continuation, explanation, àmendment or repeal of an act has been indicated, and it is believed that the his- tory of a particular subject of législation may be readily and thoroughly traced by the use of the notes and index. The index also contains the name of each person referred to in the législation of the colony. It is believed that this will add greatly to the historical and genealogical value of the publication. The acts of the colonial législature, except as affected by amend- ment or subséquent repeal, continued in force until 1828, when it was enacted by chapter 21 of the laws of that year, that “ no statutes passed by the government of the late Colony of New York, shall be considered as a law of this state.” As affecting titles to real estate or as constituting irrepealable contracts, some of the laws may, however, still be in force; but for the most part this publication is of a greater value from a historical than from a legal standpoint. The following note contains a sketch of the history and develop- ment of représentative government in the colony.HISTORICAL NOTE [By Robert 0. Cumming.] Yerrazano, a French explorer, cruised up the American coast in 1524, and from a report describing his voyage to the French King, it is inferred that he entered New York bay. No attempt was made, kowever, by the French government, to occupy the territory nor to claim sovereignty over it, and whatever rights may hâve been initiated by discovery, lapsed by nonuser. Hendrick Hudson, an Englishman in the employ of the Dutch East India Company, sailed from Amsterdam in the Half Moon on April 4, 1609. On the third of September, he entered New York bay, and from thence sailed up the Hudson to a point near Albany. After the discovery by Hudson, no immédiate attempt was made by the States General to appropriate the territory. For several years trading vessels weré fitted up by individuals, and as early as 1613 a trading post was established on Manhattan Island. In 1614 the States General granted to an Amsterdam Company the exclusive privilège from the first of January, 1615, to frequent the newly-discovered lands “ situated in America between New France and Virginia whereof the sea-coasts lie between the fortieth and forty-fifth degrees of latitude.*’ The charter expired in 1618. On the third of June, 1621, the States General granted a charter to the West India Company, providing, “ That for the term of four and twenty years, none of the natives or inhabitants of these countries shall be permitted to sail to or from the said lands or to traffic * * * in the countries of America, or the West Indies * * * but in the name of this United Company of these United Netherlands.” The charter further provided that “ the aforesaid company may in our name and authority, within the limits hereinbefore prescribed, make con- tracts, engagements, and alliances, with the princes and natives of the countries comprehended therein, and also build any forts and fortifications there, to appoint and discharge governors, people for war, and officers of justice, and other public officers, for the préservation of the places, keep- ing good order, police, and justice, and in like manner for the promotionX HISTOfllCAL NOTE. of trade; and again, others in their place to put, as they, from the situa- tion of their affairs, shall see fit: moreover, they must advance the peopling of those fruitful and unsettled parts, and do ail that the service of those countries, and the profit and increase of trade shall require: and the company shall successively communicate and transmit to Us such contracts and alliances as they shall hâve made with the aforesaid princes and nations; and likewise the situations of the fortresses, fortifi- cations, and settlement by them taken.” “ Saving, that they hâve chosen a governor-in-chief, and prepared in- structions for him, they shall be approved, as a commission given by Us: And that further, such governor-in-chief, as well as other deputy gover- nors, commanders, and officers, shall be held to take an oath of alle- giance to Us and also to the Company.” It thus conferred upon the West India Company powers of local sovereignty over the territory of New Netherlands, subordinate only to the authority of the States General. For many years thereafter or until the occupation of New York in 1664 by the English, New Nether- lands was governed by the directors and agents of the West India Com- pany, in pursuance of its charter. The laws and ordinances for the government of the province conformed generally to the jurisprudence of Holland. Many of these hâve been lost, but a large number hâve been translated by Dr. O’Callaghan, and printed in a volume entitled “ Laws and Ordinances of New Netherlands.” No attempt will be here made to describe the government of the province under the Dutch. [For a thorough discussion of the subject, see note by Robert Ludlow- Fowler, introductory to a “ Fac simile of the Laws and Acts of the General Assembly &c of New York, as printed and sold by Wm. Bradford, 1694,” published by the Grolier Club of New York.] Although at the time of the grant to the West India Company, no actual occupation of the territory embraced within its terms had been made by any other nation, the Dutch never held undisputed sovereignty over New Netherlands. Occupying the territory lying to the north and south, the English could not but view with jealousy and distrust, the possession of the intervening lands by a foreign power. In fact, it was always assumed by the English, that the title to New Netherlands was vested in the Crown of England and that the Dutch occupation was a mere usurpation. The subject is of considérable interest in determining whether the Dutch laws continued of force within the province after the occupation by the English in 1664. If the sovereignty of the territory had been theretofore vested in the Dutch, their laws would obtain within the territory until abrogated by the conqueror, in accordance with the familiar principle ofHISTORICAL NOTE. xi International law. On the other hand if the Duteh were mere trespassers on a territory the sovereignty of which was in the Crown of England, their whole System of government and law became null and void when the English possessed the territory. [For a discussion of the subject, see introductory note by Robert Ludlow Fowler, in a “ Fac simile of the laws and Acts of the Assembly &c,” published by the Grolier Club of New York.] Upon the assumption that the sovereignty to the New Netherlands was vested in the crown of England, Chartes II, on the 12th of March, 1664, granted to his brother, the Duke of Yorts, the territory embracing Long Island and New York. [For charter in full, see p. 1.] By the terms of the charter the Duke of York, his heirs, deputies, agents, commissioners and assigns, were empowered “ to correct, punish, pardon, govern and rule ail such the subjects of us, our heirs and successors, as shall from time to time adventure themselves into any the part or places aforesaid * * * according to such laws, orders, ordinances, directions and in- structions as by our said dearest brother or his assigns shall be estab- lished * * * so always as the said statutes, ordinances and proeeed- ings be not contrary to but as near as conveniently may be agreeable to the laws, statytes and government of this our realm of England.” The charter further empowered the Duke of York to appoint governors and other oflicers, and generally to establish a local government within the territory embraced in the terms of the charter. During the year 1664 Richard Nicolls was appointed governor of New Yorlj by a commission from the Duke of York, the original, of which seems to hâve been lost, but which undoubtedly conferred upon him in sub- stantially the same terms, the powers of local government within the province, which by the terms of the charter were conferred on the Duke of York, his deputies and assigns. Governor Nicolls sailed from England and arrived at New York in August, 1664. On the 27th of August, articles of capitulation were agreed upon, by which the Dutch were guaranteed certain permanent rights; liberty of conscience in divine worship and church discipline; the enjoy- ment of their own customs coneerming inheritances; the confirmation of judgments rendered and the right to appeal therefrom to the States Gen- eral; the continuance of the présent officers until the élection of new ones; the détermination according to the manner of the Dutch of différ- ences of contracta and bargains made before the capitulation; the enjoy- ment of property and the disposai of the same at pleasure. [For full text of treaty, see Revised Laws, 1813, appendix I.] Almost the flrst step taken by Nicolls after his arrivai was to create from the English portion of the province, consisting of Lqpg Island, Statenxii HISTORICAL NOTE. Island, and Westchester county, the shire of Yorkshire, dividing it intc three districts or “ ridings.” The government of the shire consisted ot a high sheriff, appointed by the governor and council, a deputy sheriff for each riding, and justices of the peace, to hold office during the governors pleasure. Courts of sessions were to be held three times each year by the justices in each riding, presided over by the governor or any of his council, or in their absence, by the senior justice. [See Duke’s Laws, p. 27.] Annually the justices and the high sheriff were to meet with the governor and his council in the court of Assizes at New York, which after- wards becarne the general court of the province. Two days after the surrender of New York, Governor Nicolls in a letter to Captain Young promised that “ Deputy s shall in convenient time and place, be summoned to propose and give their advice in ail matters tend- ing to ye peace and benefitt of Long Island.” And shortly afterwards, a circular was addressed to the inhabitants of Long Island requesting them to send two delegates from each town to a convention to be *held at Hempstead on the last day of February, 1665. In accordance with this call, delegates from each town met at Hempstead on March 1, 1665. The most important action of the meeting was to préparé, or more properly to confirm, a body of laws, which afterwards came to be known as the “ Duke’s Laws.” [See Duke’s Laws, p. 6.] A number of additions and amendments were made by the court of Assizes, and afterwards the Code was transmitted to England for confirmation. [See preliminary note to Duke’s Laws, p. 6.] The “ Duke’s Laws ” originally obtained in the shire of Yorkshire only, and did not go into effect in New York until after the second occupation by the Dutch in 1674, nor on the Delaware River, until 1676. From that 'time they continued in effect throughout the province, except as modified by later enactments of the assizes, the governor and council, or the gover- nor, council and assembly, probably, until 1691; — certainly as late as 1687, for in that year Governor Dongan, answering certain charges against him, In response to the question of what laws are in force in the colony, replied: “ The Laws in force are ye Laws called his Royal Highnesses Laws and the Acts of the General Assembly.” [See Col. of N. Y. Colonial Documents, III, p. 390.] Until the “ Duke’s Laws ” becamé of general effect throughout the province, the Dutch laws probably continued of force in accordance with the principle that the laws of a conquered country continue in force until expressly abrogated by the conqueror. [For discussion of this subject, see introductory note by Robert Ludlow Fowler, in “ Fac simile of the Laws and Acts of the General Assembly &c,” published by the Grolier Club of New York.]HISTORICAL NOTE. xm Governor Nicolls took independent action as to the city of New York, however, and, by proclamation dated Jun'e 12, 1665, revoked the Dutch and established the English form of government by the appointment of officers to “ be knowne and called by the Name & Style of Mayor, Alder- men and Sheriffe, according to the Custome of England in other his Maties corporacons!” The meeting at Hempstead can hardly be called a legislative assembly. After the promulgation of the Duke’s Laws, the Court of Assizes, in a limited sense, acted as a legislative body. However, it was little more than the mouthpiece of the Duke or the Governor in the promulgation of edicts, which it had no share in framing. The people were dissatisfied and petitioned for the assembly which had been promised by Nicolls. The pétition was insolently rejected by the Assizes: “ It doth not appeare that Col. Nicolls made any such promise & ye Governors instructions directing him to make no alterations in ye lawes of ye Governmt settled before his arrivall, they cannot expect his Honor can comply wth them therein, & for their desire to know what is requlred of them, There is nothing required of them but obedience and submission to ye Lawes of ye governmt as appeares by his R. Hss. Commission wch hath often beene read unto them.” In 1667 Nicolls was recalled, and Col. Francis Lovelace was appointed to succeed him. His commission directed him to make no alteration in the laws of the government settled before his arrivai. New York was re-taken by the Dutch on July 30, 1673, ajid the com- manders of the fleet re-established the Dutch form of government by the appointment of Schout, burgomasters and schepens, on August 17, 1673. [See p. 101.] On January 17, 1674, Colve, acting as governor general of the province issued instructions to the schout, burgomasters and schepens of the city of New Orange, for their guidance in the government of the city. This document is sometimes known as Colve’s charter. [See p. 102 for document in full.] The Dutch were in possession of New York for too brief a period to re-establish a permanent or stable form of gov- ernment, and their rule amounted to little more than a military occupa- tion of the city. By the treaty of Westminster, signed February 19, 1674, the Dutch relinquished New York, although they were in actual possession of the city for some months thereafter. Whatever doubt may hâve ex- isted theretofore as to the title of the English was conclusively set at rest by the terms of the treaty. A new charter was granted to the Duke of York on the 29th of June, 1674, in substantially the same terms as the former charter, embracing the same territory. [For copy of charter, see p. 104.]XIV HIST0R1CAL NOTE. By commission, dated July 1, 1674, Edmund Andros was appointed governor of the province, and was empowered by bis commission “to performe and execute ail and every ye powers wch. are by ye said letters patents graunted unto Mee to be excuted by Me my Deputy Agent or Assignes.,, [For copy of commission, see p. 106.] The Duke of York, on July 1, 1674, among other matters instructed the new governor as follows: “As to ye formes of justice, I thinke it best for y ou to put in execution such laws, rules and ordrs as you find hâve been established by Coll. Nicolls and Col. Lovelace, and not to vary from them but upon emergent necessities, and ye advice of your Councill and the gravest & experienced persons there; and if any such alteration be made, that it be only tempo- rary for a yeare, and if it be not confirmed by me within that time, then to be utterly voyd at ye end’ of that yeare and of noe force at ail, as if such alteracon or new law ne ver had been prmitted.” [Doc. Bel. to Col. llist. of New Yqrk, III, p. 218.] On August 6, 1674, the Duke of York instructed the new governor to put in execution the “ Duke’s Laws,” except those requiring amendment or alteration. [For copy of order, see p. 107]; and on November 9, 1674, shortly after his arrivai at New York, Governor Andros by proclamation conforming to the instructions declared “that the same Book of Laws formerly establisht and in force under his royal highnesse government is now a gain confirmed by his Royal Highnesse the which are to be ob- served and practiced together with the manner and time of holding Courts therein menconed as heretofore.” [For copy of proclamation, see p. 107.] Thus the province continued to be governed by the Duke’s Laws, with such amendments as the governor and council, with the approbation of the Duke of York, saw fit to adopt. During the years prior to the second occupation by the Dutch, the people of the colony were restless and dis- contented, demanding by pétition and otherwise, some form of repré- sentative assembly. As free born Englishmen the principle of no taxation without représentation, had been inculcated in their minds, and already the mode of government of the colony by the edict and decree of royal officers, was sowing the seeds of the Révolution. That the demand of the people for a représentative assembly had reached the ears of the Duke of York, is évident from a letter written to Governor Andros on April 6, 1675, in which the Duke said: “ First yn, touching Generall Assemblyes wch ye people there seems desirous of in imitacon of their neighbour Colonies, I thinke you hâve done well to discourage any mocon of yt kind, both as being not at ail com- prehended in yr Instructions nor indeed consistent wth ye forme of government already established, not necessary for ye ease or redresse ofHISTORICAL NOTE. xv any greivance yt ma y happen, since yt may be a easily obtained, by any peticon or othr addresse to you at the Generall Assizes (wch is once a yeare) where the same persons (as justices) are usually présent, who in ail probability would be theire Représentatives if another constitucon were allowed.” [See Doc. Rel. to Col. Hist. of N. Y., III, p. 230.] And later, on the 28th of January, 1676, the Duke wrote to Governor Andros as follows: “ I hâve formerly writt to you touching Assemblyes in those countreys and hâve since observed what severall of your lattest letters hint about that matter. But unless you had offered what qualificacons are usuall and proper to such Assemblyes I cannot but suspect they would be of dangerous conséquence, nothing being more knowne than the aptness of such bodyes to assume to themselves many priviledges wch prove de- structive to, or very oft disturbe the peace of ye govemmt wherein they are allowed. Neither doe I see any use of them wch is not as well pro- vided for, whilst you and your councell governe accoyding to ye laws established (thereby preserving every man’s property inviolate) and whilst ail things that need redresse may be sure of finding it, either at ye Quarter Sessions or by other legall and ordinary wayes, or lastly by ap- peale to myselfe. But howsoever if you continue of ye same opinion, I shall be ready to consider of any proposalls you shall send to yt purpose.” [See Doc. Rel. to Col. Hist. of New York, III, p. 235.] Whether Andros continued of the “ same opinion ” does not appear, but at any rate, no form of représentative assembly was established under his administration. Col. Thomas Dongan was commissioned governor of New York, Sep- tember 30, 1682. With his commission he received instructions directing him “ to issue of Writts or warrts. of Sumons to ye sev’all Sheriffes or other proper officrs in every part of yor said government wherein you shall expresse that I hâve thought fitt that there shall be a genll As- sembly of ail the Freeholders, by the prsons who they shall choose to reprsent ym in ordr to consultting wth yourselfe and the said councill what laws are fitt and necessary to be made and established for the good weale and governmt of the said Colcny and its Dependencyes.” [See copy of Instructions, p. 108.] Governor Dongan arrived in New York in August, 1683, and at a meet- ing of the Council held at Fort James on the 13th of September following, it was determined to summon an assembly in accordance with the in- structions to the Governor, to be held at the city of New York on October 17, 1683. Writs or orders were issued directing the inhabitants to choose their représentatives “ in the Generall Assembly to be held at New York October ye 17th, 1683.” Each riding on Long Island was entitled to twoXVI HISTOMCÀL NOTE. représentatives; Staten Island, one; Esopus, two; Albany and Rens- laerswyck, two; Schenectady, one; Pemaquid, one; The Islands about New York, one; and New York, four. On the 17th of October, 1683, the représentatives thus elected met in General Assembly, and constituted the first représentative legislative body in the colony of New York. By the terms of his instructions Gov- ernor Dongan was directed to let the Assembly know that it was to be entitled to free debate. Ail bills were to receive the assent of the gov- ernor and council, and were to be transmitted to the Duke of York for confirmation or rejection. Laws assented to by the governor were to be good and binding until rejected by the Duke of York, from which time they were to be null and void. The governor was given power to cause the General Assembly to be summoned and to adjoum and dissolve the same, as he saw fit. [See copy of Instructions relating to Assembly, pp. 108-9.] At this session fifteen Acts w^ere passed which received the signature of the Governor. Of the acts passed at this session of the Assembly fourteen, or ail except “A continued bill for defraying the requisite charges of the government,” were received by the Board of Trade for confirmation, February 17, 1684. It does not appear that any were disapproved except the charter of liberties. [See p. 111.] After a session of nearly three weeks, the législature adjourned, enacting “ That according to the usage, custome and practice of the Reaime of England, a Sessions of a General Assembly be held in this province once in three years att least.” The second meeting of the législature commenced in October, 1684, at which thirty-one acts were passed, which received the assent of the Gov- ernor. [See p. 142.] Before another meeting news of the King’s death was received, and it was deemed expédient to dissolve the présent assembly, which was done by proclamation, dated August 13, 1685, [N. Y. Col. Mss. XXXIII, p. 152], and writs were issued by the governor directing the élections of représentatives to a General Assembly to be held in October, 1685. This Assembly passed six acts which received the assent of the governor [see p. 173], and then adjourned to September, 1686. It was further prorogued until March, 1687, and finally, in view of a new commission and in- struction received by the governor, reposing the power of législation in the governor and council, the Assembly was dissolved on January 20, 1687. The first act of the Assembly of 1683 was to pass “the charter of Liberty es and priviledges granted by his Roy ail Highnesse to the in- habitants of New Yorke, and its dependansyes,” whereby the représen- tatives attempted to confirm by législation, the liberties and privilèges,HI8T0RICAL NOTE, xvu which they conceived were granted to them by the Duke of York in his commission to Governor Dongan. [For copy of charter, see p. 111.] This assumption of the représentatives, although receiving the assent of the governor, did not meet with favor from the Duke of Yoi£, and was vetoed Mareh 3, 1684. It was with great réluctance, that the Duke of York ever granted to the colony of New York a legislative Assembly, and it is probable that the action of the assembly in passing the Charter of Liberties and pritileges only tended to increase his préjudice against représentative bodies. At any rate, in June, 1686, the former Duke of York, now James II, King of England, issued a new commission, with instructions to Governor Dongan, whereby he empowered him, with the ad vice and consent of the Council, or major part of them, “ to make constitute, and ordain Laws, Statutes, and Ordinances for the publick peace, welfare & good Government of our said Province and of the people and inhabitants thereof.” [For commission and Instructions, see pp. 177-8.] In the instructions accompanying the commission, the governor was directed “ to Déclaré Our Wili & pleasure that ye said Bill or charter of Franchises bee forthwith repealed & dis- allowed.” (This was the charter of Liberties and privilèges, which had already been vetoed.) The instructions further provided that ail other Laws, Statutes & Ordinances already made, continue in force until new laws were enacted; that copies of new laws be transmitted to the King within three months for approval or disapproval; that laws disapproved were to be void from thenceforth; and that in enacting laws the style of enacting the same be by the Governor and Council. [See Instructions, p. 178.] The governor and council met December 9, 1686. His Excellys In- structions being read and considered it is “ Ordered, that ail the branches of the revenue & ail other laws that hâve been passed since the yeare 1683 except such as his Matie has repealed remaine & continue as they now are till further consideracon.” At a council held February 24, 1687, were passed “An act for ye de- fraying ye necessary charge of the Government,” and “An act about privateers.” At a council held Mareh 17, 1687, was passed a “ Bill to prevent frauds.” At a council held June 14, 1687, were passed “ Bill for raising of J pence pr pound of every mans estate for the de- fraying ye expences for the good of the province in England,” “Act about settlement;” “Act about mortgages;” “Bill for pleadings &c. to be in English;” and “Bill concerneing Excise of Rumm.” At a council held August 20, 1687, was passed “ The Bill for Raiseing a penny in ye pound out of ye Estâtes of ye ffreeholdrs & Inhabitants of ye Kings, Queens, Dukes & Dutcheses Countys the Countys of Richmond, Orange, West- iiixviii HISTORICAL NOTE. chester & Suffolk.” At a council held September 2, 1687, was passed “ Bill to Kaise one halfe penny per pound off ail persons Estâtes in the Cittys and Countys of New York and in ye County of Ulster.” At a council held* September 22, 1687, was passed “ Bill for Naturalizing Daniel Duchemin and other ffrench persons.” At a council held October 11, 1687, was passed “ Bill to prevent ffrauds and abuses in his Majties Excise by Ordinary Keepers.” At a council held October 25, 1687, the tax on Rumm was continued for three years. At a council held May 17, 1688, were passed ‘‘An act for raising the sume of two thousand five hundred and fifty-five pounds six shillings by or before the first day of November next,” and “An act for continuance of ye judges (Sallary) of the Court of Oyer and terminer.” At a council held July 30, 1688, it was ordered that fur- ther proceedings towards collecting the levy of 2555 L. 6s be suspended until further order. At a council held August 2, 1688, was passed “An act to prohibit shewmakers ffrom using ye mistery of tanning Hides.” This was the last act passed during the administration of Governor Dongan. [For full report of proceedings of council during this period, see intro- ductory note by E. B. O’Callaghan to journals of legislative Council of New York, pp. 17-23.] A change in the government of the Colony had been determined on in England. The entire country from the St. Croix to the Delaware was Consolidated under cne government, and Sir Edmund Andros was ap- pointed governor. [See Commission and Instructions, pp. 216, 217.] So far as the making of laws was concerned, the powers conferred on Andros were substantially the same as those possessed by Governor Dongan. The governor and council were continued as the law making power, and laws so passed were to continue in force until disapproved by his majesty. Andros arrived in New York early in August, and on August llth, New York was annexed to New England. At a council held August 29, 1688, the bill for levying 2555 L. 6s, which had been suspended by the Dongan Council, was ordered to be fully executed. Thus things continued until the accession of William of Orange to the English throne, when Jacob Leisler usurped control of the colonial government, and on February 20, 1690, issued writs for a new; assembly. Ail the counties except Suffolk chose représentatives. The Assembly met in April and passed the fol- lowing bill: “An act to raise throughout the government three pence in every pound, real and Personal, to be paid the first of June.” [See p. 218.] The Assembly adjourned until September. On October 2 was passed ^An act for raising three pence in the pound of ail Real and Personal visible estate of ail and singular the inhabitants of this province to be levied in January and March next.” [See p. 219.] October fourth was passed “A bill for Amercing and fining ail persons withîn this provinceHISTOftICAL NOTE. xix of New York refusing to serve in Commission of Civill or Military power within sd Province under his Majties Lieut Governor of the province aforesaid & that none Inhabitants of ye City & County of Albany & Ulster leave or Départ the city or Countys aforesaid without spetiall Lycense of the said Authority or Carry out of or transport from said places any Wares or Marchandises except such hereafter exprest.” [See p. 219.] In the meantime Henry Sloughter was appointed governor of New York by commission, dated January 4, 1690. [For copy of portion of Com., see p. 221], and on his arrivai in New York Leisler was tried, con- demned and executed for treason. The commission of Governor Sloughter authorized the calling of a Legislative assembly, and on March 20, the day after his arrivai in New York, writs for the élection of représentatives to the new Assembly were issued. Pursuant to this call the new Assembly met April 9, 1691, and from that date until the Révolution, the représentatives of the people in General Assembly participated in the making of laws for the government of the Colony. There has been considérable discussion as to whether the laws ànd statutes passed before 1691 continued of force within the colony. [See note by Robert Ludlow Fowler, to “ Fac Simile of the Laws and Acts of the General Assembly &c of New York, as printed and sold by William Bradford, 1694,” published by the Grolier Club of New York, at p. 78ff.] The discussion was provoked by the following resolution of the General Assembly, passed April 24, 1691: “ Upon an information brought into the House, by Several Members of the House, declaring, That the several Laws made formerly by the General Assembly, and his late Royal High- ness, James Duke of York, &c. “And also the several Ordinances or reputed Laws made by the pre- ceding Governors and Councils, for the Rule of their Majesties Subjecta within this Province, are reported amorgst the people, to be still in force.. Resolved, Nemine Contradicente, That ail the Laws consented to by the General Assembly, under James, Duke of York, and the Liberties and Privilèges therein contained, granted to the people, and declared to be their Rights, not being observed, and not ratified and approved by his Royal Highness, nor the late King, are null, void, and of none effect. And also the several Ordinances made by the late Governors and councils, being contrary to the constitution of England, and the practice of the government of their Majesties other plantations in America, are likewise null, void, and of none Effect nor Force within this province.” It does not seem reasonable, however, that any resolution of the Gen- eral Assembly, without the concurrence of the council and Governor,XX HISTORICAL NOTE. could operate to repeal former législation. In fact the laws and statutes theretofore passed are expressly recognized as of foirce by the commission to Governor Sloughter, which directs him to execute his trust *' according to such reasonable Laws and Statutes as now are in force.” As to the acts adopted by the Leisler Assembly, a different construction may apply. The Assembly was called without a semblançe of royal au- thority, the former authority to Governor Dongan having been revoked and the law making power reposed in the Governor and council. Without the sanction or confirmation of the King, it seems probable that such acts, adopted by an irregular assembly and approved by a rebel Governor, were without the force of law. By his commission from the king, Governor Sloughter, with the consent of the council and Assembly, was invested with “ full power and au- thority to make, constitute and ordaine Laws, Statutes and ordinances for ye publique Peace, welfare and good Government ” of the province, but such laws, statutes and ordinances were to be “ agreeable unto the Laws and Statutes of this our Kingdome of England.” Copies were to be transmitted within three months for royal approbation or disallow- ance and duplicates by the next conveyance. If disapproved they were to be void; but until disapproved, they were to hâve full force and effect. The governor was given a négative voice in the making and pass- ing of ail Laws, statutes and ordinances. [See copy of commission, p. 221.] The King acted on laws transmitted to him through the privy council until 1696 and after that date, through the Board of Trade. This was substantially the method of enacting law§ until the Révolution. Theoretically the govemment of the colony consisted of three depart- ments: the Governor, or in case of his death, the lieutenant governor, the council and the general Assembly. The governor and lieutenant governor were appointed by the crown. The members of assembly were elected by the people of the several counties pursuant to writs issued by the governor. The council originally consisted of not to exceed ten “ prudent persons ” inhabiting the colony and were appointed by the royal gover- nors in pursuance of their commissions. [See instructions of Governor Andros, July 1, 1674, Doc. Rel. to Col. Hist. of N. Y., III, p. 218; in- structions to Governor Dongan, Jan. 27, 1683, Doc. Rel. to Col. Hist. of N. Y., III, p. 331.] May 29, 1686, Governor Dongan was instructed to call logether the council, and the members, consisting of seven, were named therein. [See Doc. Rel. to Col. Hist. of N. Y., III, p. 369.] By commission to Governor Dongan, dated June 10, 1686, the Governor was authorized to suspend members of the council. Vacancies were to be notified to the crown and filled by the Crown. Three members were made a quorum, and the commission States that a council shall hâve seven members in it.HISTORICAL NOTE, xxi Yacancies were to be filled temporarily by the governor. [See commis- sion to Governor Dongan, Doc. Rel. to Col. Hist. of N. Y., III, p. 377.1 In instructions to Governor Andros, April 16, 1688, forty-two councilors were named. Seven members were made a quorum except upon extra- ordinary emergencies, when five were sufficient. Yacancies were to be filled by the crown, from twelve persons nominated by the governor. The governor was given the power of suspension, but ali cases of sus- pension were to be reported to the crown, with answers to the charges. [See Doc. Rel. to Col. Hist. of N. Y., pp. 543-4.] The instructions to Governor Sloughter, named twelve councilmen. Five members were made a quorum except upon extraordinary emergencies. Yacancies were to be filled by the crown from six persons “ men of ability and not necessitous people or much in Debt,” nominated by the Governor. [See Doc. Rel. to Col. Hist. of N. Y., III, p. 685.] The instructions to Governor Fletcher, dated March 7, 1692, are substantially the same as those given to Gov- ernor Sloughter, except that fifteen councilmen are named [Doc. Rel. to Col. Hist. of N. Y., III, p. 818], while his commission directed that the couneil shall consist of seven persons. [See Doc. Rel. to Col. Hist. of N. Y., III, p. 828.] As a matter of fact, the council under Governor Fletcher consisted of more than seven members. It will be thus seen that during the early history of the colony, the number of members of the council varied under different governors and in accordance with different com- missions and instructions from the Crown. The Governor presided at the early sittings of the council, voted as a member of the body, and in case of a tie gave the casting vote, thus possessing upon legislative questions two and sometimes three votes. This continued until 1735, when the matter was brought to the attention of the Board of Trade in England, by which it was decided that this action of the governor was inconsistent with his commission. The gov- ernor was accordingly notified that the council sat in two capacities, as council to advise his excellency, in which case he was to sit with it,— and also as a third part of the Législature, in which case he was to neither sit nor vote with the council. From 1735 the council was presided over by a speaker who in accordance with a standing rule of the council adopted October 20, 1736, was to be the eldest councillor présent. Confusion has sometimes arisen in the use of the terms “Assembly ” and 11 session of the Assembly.” An Assembly continued until dissolved by the governor. A session continued until prorogued by the governor to a date fixed, the same members meeting at the next session of the same Assembly. A session of the Assembly might be adjourned without con- stituting the next meeting a new session.NOTE BY THE COMMISSIONERS. Messrs. Charles A. Collin, Isaac H. Maynard, and Eli C. Belknap were Commissioners of Statutory Révision when the act of 1891 was passed, providing for the republication of the colonial statutes, and the work now nearly completed was begun under their general supervision. Messrs. Maynard and Belknap were succeeded by Daniel Magone and John J. Linson. When the présent commis- sioners assumed the duties of their office early in the year 189.5, tliey found tliat the work of copying the colonial laws was completed and some of the earlier portions were already printed. Great care has been taken to obtain an accurate copy of the laws, as required by the statute. Ail of the work was compared twice with the original before being printed, and has been thoroughly compared and veri- fied since. Almost the entire labor of comparing, verifying and reading proof, as well as a large part of the copying, has been done by Elizabeth A. Carroll, Carrie M. Clancey, Katharine A. Lewis and Grâce Dom, who became experts in the difficult work of pre- paring a Verbatim copy of the early manuscripts. William C. Bir- mingham, Michael Danaher, Charles C. Dickinson, Owen L. Potter, Erank B. Gilbert, William O’Connor, Mary L. Waite and Mabel Dorn hâve also rendered valuable assistance at different stages of the work. Robert C. Cumming, Esq., of Albany, N. Y., chief clerk of the Commission, an experienced lawyer and a thorough student, was given spécial charge of the work. He examined every available source of information, in an effort to furnish an accurate reprint of the early législation, and also used great care in the préparation of the notes to the laws, as well as the foregoing general notes and the index. These volumes, prepared under his supervision, and em- bodying the results of his exhaustive research, contain a substan- tially complété historv of colonial législation in New York, and are an invaluable addition to the legal literature of the State. CHARLES Z. LINCOLN, WILLIAM H. JOHNSON, A. JTTDD NORTHRUP, Commissioners. Alba:nt, October, 1896.First Grant to the Duke of York, 1664. [The original parchment of the grant to the Duke of York is in the N. Y. State Library, and has become very indistinct. The grant is also recorded in the office of th9 Secretary of State in vol. 1 of patente, at p. 139. The follow- ing copy of the grant is made from a carefully compared copy of the orig- inal parchment contained in a “ Report of the Regents of the University on the Boundaries of the State of New York,” transmitted to the législature May 28,1873. Words interlined in the original parchment are here inclosed in parenthèses.] Charles the Second By the grâce of Qod King of England Scotland ffrance and Ireland defender of the ffaith etc TO ALL to whom these présents shall corne Greeting. KNOW YEE that wee for divers good Causes and Oonsideracons us there- unto moveing HAVE of cur especiall grâce certaine knowledge and meere mocon given and Graunted And by these présents for us our heires and Successors Doe give and Graunt unto our dearest Brother James Duke of Y'orke his heires and Assignes ALL that part of the Mayne land cf New England beginning att a certaine Place called or knowne by the name of St Croix next adyovneing to New Scotland in America and from thence extending along the Sea Coast unto a certaine Place called Petuaquine or Pemaquid and (soe) upp the River thereof to the furthest head of the same as itt tendeth North- wards and extending from thence to the River of Kinebequi and soe upwards by the shortest course to the River Cannada North- ward And alsoe ail that Island or Islands comonly called by the severall name or names of Matowacks cr Long Island scituate lyeing and being towards the west of Cape Codd and the Narro Higansetts abutting upon the Mayne land betweene the twoe Rivers there called or knowne by the severall names of Conectecutte and Hudsons River Together alsce with the said River called Hudsons River and ail the land from the west side of Connectecutte River to the East side of De la Ware Bay And alsoe ail those severall Islands called or knowne by the names of Martin Yinvards and Nantukes otherwise Nan- tukett Together with ail the lands Islands Soyles Rivers Har- bours Mynes Mineralls Quarries Woods Marishes. Waters Lakes ffishings hawking hunting and ffowleing and ail other Royalties proffitts, Comodities and hereditaments to the said2 LAWS OF THE COLONY OF NEW YORK.\ severall Islands lands and premises belonging and appertaine- ing with their and every of tlieir appurtenncs AND ail our Estate right title interest benefitt advantage Clayme and demaund of in or (to) tke said lands and prémisses, or any part or parcell thereof AND tlie Revercon and Revercons Remaynder and Remaynders together witli tke yearely^ and otker tke Rents Revenues and proffitts of ail and singuler tke said prémisses and of every part and parcell tkereof To HAYE AND TO HOLD ALL and singuler tke said lands Islands hereditaments and prémisses witk tkeir and every of their, appurtenncs kereby given and Grannted (or kereinbefore mem coned to bee given and granted) nnto our said dearest Brother James Duke of Yorke his keirs and Assignes for ever To tke only proper use and behoofe of tke said James Duke of Yorke his heires and Assignes for ever To bee kolden of us our keires and Successors as of our Manor of East Greenwich in our Oountv of Kent in ffree and Comon Soccage and not in Oapite or by Knigkts Service YEILDING AND RENDERING And the said James Duke of Yorke Doth for himselfe kis heirs and Assignes covenant and promise to yeild and Render unto us our keires and Successors of and for tke same yearely and every yeare ffortie Beaver Skynns wken tkey shall bee demanded or witkin Nynety days after AND WE DOE FUR- THER of our especiall grâce certaine knowledge and meere mocon for us our keires and Successors give and Graunt unto our said dearest Brother James Duke of Yorke kis keires Dep- utyes Agents Commissioners and Assignes by tkese présents full and absolute power and autkority to Correct punisk Pardon Governe and Rule ail suck tke Subjects of us our keires and Successors as skall from tynie to tyme Adventure themselves into any tke parts or Places afore- said or tkat skall or doe att any tyme thereafter Inhabité within tke same according to suck Lawes Orders Ordinances direccons and Instruments as by our said dearest Brother or his Assignes skall bee established And in defect tkereof in Cases of necessitie according to tke good discreccons of his Deputyes Commissioners Officers or Assignes respectively as well in ail Causes and matters Capitall and Criminall as Civill both Marine and otkers SOE ALLWAYES as tke said Statutes Ordinances and Proceedings bee not contrary to but as neare as conveniently may bee agreeable to tke Lawes Statutes and Governement of tkis our Reaime of England AND SAVEING and reserveing to us our heirs and Successors the re^eiveing heareing and determineing of the Appeale and Appeales of ail or any Person or Persons of in or belonging to tke Territories orLAWS OF THE COLONY OF NEW YORK. 3 Islands aforesaid in or touching any Judgment or Sentence to bee there made or given AND FURTHER that it shall and may bee lawfull to and for our said dearest Brother his heires and Assignes by tliese présents from tyme to tyme to Nominate make Oonstitute Ordeyne and Confirme by snch Name or Names Stile or Stiles as to him or them shall seeme good and likewise to revoke discharge Change and alter as well ail and singuler Governors Officers and Ministers which hereafter shall bee by him or them thought fitt and needfull to- bee made or used within the aforesaid Parts and Islands and alsoe to make Ordayne and Establish ail rnanner of Orders Lawes direccons Instruccons formes and Ceremonies of Government and Magis- tracy fitt and necessary for and concerneing the Governement of the Territories and Islands aforesaid soe allwayes as the same bee not contrary to the Lawes and Statutes of this our Reaime of England butt as neare as may bee agreeable there- unto And the same att ail tymes hereafter to putt in Execucon or abrogate revoke or change not only within the Precincts of the said Territories or Islands butt alsoe upon the Seas in goe- îng and comeing to and from the same as hee or they in their good discreccons shall thinke to bee fittest for the good of the Adventurers and Inhabitants there AND WE DOE FURTHER of our especiall grâce certaine knowledge and meere mocon Graunt Ordeyne and Déclaré That such Governors Officers and Ministers as from tyme to tyme shall bee authorized and appointed in rnanner and forme aforesaid shall and may hâve full power and authority to use and exercise Marshall lawe in cases of Rébellion Insurreccon and Mutiny in as large and ample rnanner as our Leiftennants in our Countves within Our Realme of England hâve or ought to hâve by force of their Comission of Leiutennancy or any lawe or Statute of this our Realme AND WEE DOE further by these présents for us our heires and Successors Graunt unto our said dearest Brother James Duke of Yorke his heires and Assignes that itt shall and may bee lawful to and for the said James Duke of Yorke his heires and Assignes in his or their discreccons from tyme to tyme to Admitt such and soe many Person and Persons to Trade and Traffique unto and within the Territoryes and Islands afore- said and into every or anv part and parcell thereof And to hâve possesse and enjoye any lands or hereditaments in the parts and Places aforesaid as they shall thinke fitt according to the Lawes Orders Constitucons and Ordinances by our said Brother his heires Deputyes Comissioners and Assignes from tyme to tyme to bee made and established by vîrtue Off and according to the true intent and meaneing of these présents and under4 LAWS OF THE COLONY OF NEW YORK. such Condicons reservacons and Agreements as our said Brother his heires or Assignes shall sett downe Order direct and appoint and not otherwise as aforesaid AND WEE DOE FURTHER of our especiall grâce certaine knowledge and meere mocon for us our heires and Successors give and Graunt to our said deare Brother his heires and Assignes by these présents that itt shall and may bee lawfull to and for hiin theni or any of them att ail and every tyme and tymes hereafter out of any Our Realmes or Dominions whatsoever to take lead Carry and Transport in and into (their) Voyages and for and towards the Plantacon of our said Territoryes and Islands ail such and soe many of our loveing Subjects or any other étrangers, being not pro- hibited or under restraint that will become our loveing Sub- jects and live under our Allegiance as shall wûllingly Accom- pany them in the said Voyages Together with ail such Cloathing Implements fourniture and other things usually transported and not Prohibited as shall bee necessary for the Inhabitants of the said Islands and Territoryes and for their use and defence thereof and maunaging and Carrying on the Trade with the People there and in passing and returneing to and fro YEILD- ING AND PAYING to us our heires and Successors the Customes and Duties therefore due and payable according to the lawes and Customes of this our Reaime AND WEE DOE alsoe for us cur heires and Successors Graunt to our said dearest Brother James Duke of Yorke, his heires and Assignes and to ail and every such Governor or Governors or other Officers or Ministère as by our said Brother his heires or Assignes shall bee appointed to hâve power and Authority of Governement and Commaund in or over the Inhabitants of the said Territories or Islands that they and every of them shall and lawfully may f^om tyme to tyme and att ail tymes here- after for ever for their severall defence and safety encounter expulse repell and resist by force of Armes as well by Sea as by land and ail wrayes and meanes whatsoever ail such Person and Persons as without the speciall Lycence of our said deare Brother his heires or Assignes shall attempf to inhabité within the severall Precincts and Lymitts of our said Territories and Islands AND ALSOE ail and every such Person and Persons whatsoever as shall enterprize or attempt att any tyme hereafter the distruccon Invasion détriment or annoyance to the Parts Places or Islands aforesaid or any part thereof AND LASTLY OUR WILL and pleasure is and wee doe hereby déclaré and Graunt that these our Letters Pattents or the Inrollment thereof shall bee good and effectuai! in the Law to ail intents and purposes whatsoever NOTWITHSTANDINGLAWS OF THE CGLONY OF NEW YORK. 5 the not reciteing or menconing of the promisses or any part thereof or the Meets or Bounds thereof or of any former or other Letters Patents or Graunts heretofore made or Graunted of the prémisses or of any part thereof by us or of any of our Progenitors unto any other Person ©r Persons whatsoever Bodyes Politique or Corporate or any Act Lawe or other Restraint incertainty or ymperfeccon whatsoever to the con- trary in any wise notwithstanding ALTHOUGH EXPRESSE MENCON of the true yearely value or certainty of the prém- isses or of any of them or of any other Guifts or Graunts by us or by any of our Progenitors or Predeeessors heretofore made to the said James Duke of Yorke in these présents is not made or any Statute Act Ordinance Provision Proclamacon or Restriccon heretofore had made Enacted Ordeyned or provided or any other matter Cause or thing whatsoever to the contrary thereof in any wise notwithstanding IN WITTXES. whereof Wee hâve caused these our Letters to bee made Patents WITT' NES our Selfe att Westminster the Twelveth day of March in the Sixteenth yeare of our Raigne. By the King Howard.The Duke of York’s Laws, 1665-75 [The Duke of York’s Laws for the government of the Colony of New York were compiled from the statutes for the government of the other English colonies in America, under the direction of Nicolls, the first English Governor. They were promulgated at Hempstead, on Long Island, March 1, 1665, and copies were transmitted to the several ridings, constituting the shire of Yorkshire. A copy of these laws, known as the “East Hampton copy,” is filed in the clerk’s office of the town of East Hampton, in the County of Suffolk. Another copy was filed in the clerk’s office of Hempstead, where the laws were promulgated, but on the érection of the town of North Hempstead from the town of Hemp- stead, the records of the town, including the “ Duke’s Laws,” were trans- ferred to the clerk’s office of the town of North Hempstead, at Roslyn. A third copy of the laws is in the New York State Library. The library copy is certified by “ M. Wren,” who was secretary of the Duke of York, as “ Concordat cum originale.” The New York Historical Society, in 1809, published a copy of the East Hampton copy of the Duke’s Laws, wffiich is certified by the clerk of the towrn as a correct copy of the original. (Vol. 1, p. 307, of collections of the New York Historical Society for the year 1809.) The several existing copies of the “ Duke’s Laws ” vary, partly from errors in transcribing them, and partly from amendments, which were made from time to time by the Court of Assizes, and either were not transmitted to ail of the towns, or, if received, were not recorded in the book containing the “ Duke’s Laws.” As each of these copies had the force of law in the jurisdiction in which it wTas filed, either may be regarded as an original. The commissioners hâve caused carefully pre- pared copies to be made of the East Hampton and Roslyn copies of the “ Duke’s Laws.” The East Hampton copy is made the basis of this publication, while the variations in the Roslyn copy, as they occur, are noted in brackets. Variations between the two copies in spelling and capitalization are not noted. It will be noticed that the East Hampton copy States that the laws were published March 1, 1664. In the Roslyn copy the date is given as March 1, 1664-5, which was March 1, 1665, the first three months of the year, before the change in the calendar, being treated as months of the preceding year, as well as of the year under the new calendar.] LAWES. Establisht by the Authority of bis Majesties Letters patents, granted to his Boyall Highnes James Duke of Y^orke and Albany; 1 Bearing Date the 12th Day of March in the Sixteenth year qf ye Baigne of our Soveraigne Lord Kinge Charles the Second. Dîgested into one Volume for the publicke use of the Terri- toryes in America under the Government of his Koyall High- nesse.LAWS OF THE COLONY OF NEW YORK 7 Collected ont of tlie Several Laws now in force in his Majesties American Colonyes and Plantations Published March thelst Anno Homini 1664 at! a General meet- ing at Hemsted upon Longe Island by virtue of a Commission from his Royall Highness James Duke of Yorke and Albany given to Colonell Richard Nicolls Deputy Governeur, beairing date the Second day of Aprill 1664. ABSENCE. If any Justice or high Constable shall bee absent from the Sessions held within that Riding hee shall pay for every Dayes absence ten pounds and every petty Constable for each default shall pay five pounds Provided that it shall be Lawfull for the Justices upon the Bench to discharge any Constable from his Appearance if they shall think fitt. ACTIONS. That ail actions of Debts Âccompts Slanders and Actions of the Case concerning Debts and Accompts shall be tryed within that Jurisdiction where the Cause of action Doth arise. Ail actions of Debt or Trespasse under ye value of five pounds between Neighbours shall be put to Arbitration of two indiffèrent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence,) their Arbitration: Then the riext Justice of the peace upon notice thereof by the Constable shall choose three other indifferent persons; who are to meet at the Dissenters charge from the first Arbitration and both plaintiffe and Défendant are to bee concluded by the award of the persons so chosen. by the Justice. In ail différences under five pounds not friable in Courts the Constable is to hâve one shilling for naming Arbitrators to whom the Différence shall be refered, they shall hâve two shillings six pence each. If it cornes to the Justice, he shall hâve seaven shillings and Six pence, the Arbitrators (he appoints) five Shillings each, and the Constable, for his trouble, two Shillings Sixpence, This to be paid by the party is Cast. If any Person shall prétend his Debt or trespasse to be above five pounds, and on the hearing it shall appear to the Court to corne under that vallew, in such cases the Plaintiffe shall loose his action and pay the Défendant Cost. Ail action or cases from the Value of five pounds to Twenty pounds, shall be tryed att the Sessions within that Jurisdiction from whence there is to be no appeal unless the debt appears to8 LAWS OF THE COLONY OF NEW YORK. be above that summe of twenty pounds, or where there is a dubiousnesse in the expression of the law, Wbich doubt rnade b y one, if it tend to the Causeless vexation of ye other Party; the other Person so offending shall pay ail the charges. Actions of Assault or Battery Breach of the peace or the like, are to be tryed at the sessions within the Jurisdiction where the offence is Committed, for which the Justices of the peace may take Baile or Commit to Prison such offenders to the next Sessions: Any Person renewing his Suit or Pétition or Revew Causeless The plaintiffe shall pay the whole charges of the Court and be Lyable to a fine; But if the Défendant be in the fault, the Just Charges shall be imposed on him. Any Person falsely pretending great damages & Debts to vex his Adversary; shall pay trible Damage. The Plaintiffe may hâve liberty to withdraw his Action and be non Suited (if he see cause) before the Jury give in their Verdict, but hee shall pay full cost and Charges to the Défendant. Ail Actions of the Plaintiffe; with his déclaration, shall be entered and filed in the Clarkes office eight Days before the Day of hearing, to the end that the Défendant may (if he please) take a Copy thereof and provide his Answer, Which is also to be filed by the said Défendant; And the Judgment if for the plaintiffe shall be Endorsed on the Déclaration; If for the Défendant on the Answer, and ail Evidences concerning that Cause, are to be filed together, and romaine in the hands of the Clarke. Where an Action hath been once entred for prosses in Court Although the Différence shall be composed between both parties before they corne to a Tryall; yet the plaintiffe shall enter such Agreement in the hands of the Clarke of the Court, And so shall hâve Liberty to take his Action off the file, paying onlv for the Entry of the Agreement as for [The words “ the Entry of the Agreement as for,” are not in the Roslvn copy.] the Entry of the Action; upon forfeiture of ten Shillings for each Session which this first entry of the Action remaineth upon the file. ADMINISTRATION. Upon the Death of any person the Constable, with two Over- seers of ye parish shall Repair to the house of the deceased party to enquire after the manner of his Death and of his Will and Testament, and in Case none doth Appear, or shall be pro- duced, it may be taken for granted that the Person Dved intestate, And in the Presence of the Widow, Children and other Relations, if any such there bee, or if any-such refuse to be présent,LAWS OF THE COLONY OF NEW YORK. 9 It shall be lawfull for the said Constable in the presence of the Overseers to make a due Search and enquiry after the estate of the deceased, and within eight and forty howers after, hee is to deliver in writing and upon Oath his full knowledge, to the next Justice of the Peace and the said Justice of ye peace is impowered to send out warrants to take Security against any embezelment or disposai of ye said Estate under any pretence whatsoeyer, untill the next Court of Sessions where ail Cases of Administra- tion within that Liberty shall be Adjudged. The Estâtes of ail Persons dying intestate who hâve neither the Relations of Children Brothers or Sisters or their Children Uncles or Aunts or their Children for want of such heires shall, Elapse to the King Proyided always that Such Elapsing shall not hinder the Lawfull Clayme of any Such Relations afore mentioned, if it be made appeare upon Oath to the Court, within one Year and Six weeks. That no Administration be granted untill the third sessions after the parties decease, except to ye Widow or Child and then to be immediately granted to the said widow or child bringing in Sufficient Security for the performing ail thingsi the Law* requires and saying the Court harmless, And in case the widow or Child do Administer the Estate shall be Inventoryed and Apprisement made by foure Men appointed by the Court and Sworne by a Justice of peace which Inventory or apprize- ment shall by the said widow or Child be brought into the next Court of Sessions, unless the Court for reasons showed them may think fit to grant Liberty to bring it in' the Court follow- ing. But in case the deceased Dye without widow or Child, then the estate, for the better improyement thereof shall be sould by order of the Court at an Outcry, and the purchasers ail puting Security, and Acknowledging Judgment for their debt which by the Court shall be Assigned to the seyeral Cred- itors of the decedent, and paid according tx> ye priority of Law and the Surplusage remaining, if any, to be delivered to the next kinsman of the decedent, if he appears or if none proye himself such within one year and six weeks, Then the Court to giye an accompt of ye said Surplusage to the Groyernour. And when the widow or Child Administers the surplusage after debts paid and the funerall Charges according to the quality of the person allowed for, shall be equally divided between the Widow and Children, viz. one third of the personall Estate to the widow and the other two thirds amongst the Children, pro- yided the Eldest Sonne shall haye a double portion, and where their are no Sonnes the daughters shall inherit as Gopartners, and if any of the Children shall happen to dye before it corne 210 LAWS OF THE COLONY OF NEW YORK. to âge his portion shall be divided amongst the Surviving Children. Whoever prétends to Administer upon any Estate shall bring to the Court Sufficient Security, before the Order shall be granted, And an Order thus obtained legally by giving in such Security to be truly accomptable to bring in a true Inventory, and to perforai such things as Administered by Law are, required or enjoyned, shall not any titne after be reserved, unlesse the partie that obtained the Same, dye before* he hath gïven an Accompt of the estate and obtained his Quietus in winch case the Court is Impowered to grant the Administration of that Estate so not Accompted for to some other person who may by virtue thereof call the heirs Executors or Administrators of the former Administrators to accompt who shall pay out of the deceased Administrators Estate ail such debts as shall be found due to the estate he administered upon in the first place. If any Executor nominated in any will and knowing thereof shall not at the néxt Sessions which shall be above thirty days after the decease of the party; or shall not cause the same to be recorded by the Recorder or1 Clarke of that Court within which Jurisdiction the deceased party last dwelt. Or if any person whatsoever shall not within the same time take Administration of ail such goods as he hath, or shall enter upon of any party deceased, or if any person or persons shall alienate or Embezell any lands or goods before they hâve proved and recorded the will of the deceased or taken Administration, every such person so administering, or Exeeuting shall be lyable to be sued, and shall be bound to pay ail suchi debts respectively as the deceased party owed, whether the estate of the deceased weare sufficient for the same or not and shall also forfeit. If any person shall renounce his Executorship or that none of the friends or kindred of the deceased party that shall die intestate shall seeke for Administration of such persons Estate, then the Constable of the Town where any such person shall die, shall give notice thereof to the next Court of Sessions; that so the Court may take order therein, as they shall think meet, who shall also allow such Constable due recompence for his pains But if the Constable shall fail therein, he shall forfeit forty Shillings to the publique Treasury. That the Clarke of the sessions when he carries the Probates or Commissions of Administration to be signed do then aise Certify unto the Recorders Office at New York, the name of the testator or the party deceased the Executors or Adminis- trators and their Security the County and Parish where they dwelt And the Court wherein the Administration is grantedLAWS OF THE COLONY OF NEW YORK. 11 to the end that strangers and other creditors invested in the Estate may be the better Eoabled to find out the Records in which the accompts of the estate is entered and be informed how they may corne to their just dues. Mémorandum That what is here spoken of Exeeutors or Admin- istrators the like is ment; and intended also of Executrixes and Administratrixes who in such Cases are to hâve the same privilèges. AMERCIAMENTS. Ail Amerciaments and Fines that are not expresly regulated because the meritt of the Case or offence can not be foreseen shall be imposed at the discression of the Court. That ail fines and Amerciaments be eollected by the petty Constables who are to give in an Accompt of them to the high Constable Eight days before the Sessions ensuing, and the high Constable shall give in their Accompts to» the high Sheriffe eight days before the next Assizes. APPEARANCES. ït shall be lawful for the plaintiffe or Défendant to take out Subpona from the Sheriffe or under Sherrff to Summon Wit- nesses to give in their evidence, in Case they will not volun- tarily appear and the witnesses so< summoned shall for non Appearance at the Session be fined twenty shillings; and for non Appearance at the Assizes forty Shillings Or such other fine or punishment as shall be Adjudged by the Court for damage done to the Cause by his non Appearance Provided that noe man shall be punished for non Appearing at or before any Court or CounseT, nor for the Omission of any Office or Service, if he shall be necessarily hindred, by any Apparent Act ’or Providence of Grod; which he could neither foresee nor avoid Provided also that this Law shall not préjudice any person of his Just cost and Damage in Civill Actions. APPEAL. That no Justice of the peace that hath sate as Judge or voted in any Inferior Court in that case he is appealed from, shall hâve any vote in the Superior Court appealed to; but the Case shall be there determined by such as are no way engaged in the same, by Judging or voteing fonnerly, And în ail Cases of Appeales the Court appealed to, shall Judge the Case according to former evidence and no other, unless some material witness was not then in the Country or necessarily hindred from giveing in evidence at the triall, only rectifying what is amiss therein, and where matter of fact is found to agréé12 LAWS OF THE COLONY OF NEW YORK. with the former Court and the Judgement according to Law; not to revoke the Sentence or Judgement; but to abate or increase Damages as shall be Judged Right. That in ail Case of appeals the appealant do put in good Security for prosecuting the Appeal and payment of Damages to the Défendant if the Appealant be Cast in the Suite for his unjust Molestation. If the Case of Appeal be of a Criminal nature, the party shall put in Security for the good behaviour, also, until the hearing, but if the Case be Capitall, and the person condemned shall appeale; he shall be kept in Goale till the next Assizes and then prosecuted and tryed Accordingly. Ail Appeals with the Security aforesaid shall be Recorded at the charge of the party Appealing, and Certiûed to the Court to which they are made, and the party appealing shall briefly, in writing, under his owne or his Attorneys hand, give unto the Clark of the Court from which he did appeal, the Grounds and reas on s of his Appeal Six days before the beginning of the Court to which he did appeal, the said Clark shall returne to that Court the said writing, and give Coppyes thereof to the défendant, and whosoeyer shall Appeal from the sentence of any Court and not prosecute the same to effect, according to Law shall besides his bond to the party forfeit to the Country the sum of Forty shillings for every such neglect. Ail appeals are to be made by way of Pétition and the Appeal- ant shall pay ten Shillings upon the delivery of the pétition unto the Clark of the Assizes for defraying the Charges thereof, over and aboyé two Shillings Six pence to the Clark for entring the Appeal. APPRISEMENT OF GOODS. That the plaintiffe and Défendant shall choose, each of them, two indifferent men, for that purpose, and in Case of disagreement, the said four, or any three of them, shall choose an Umpire, which Umpire, so chosen, shall be sworn by the next Justice of peace, to Apprize such Goods indifferently, and his Umpirage to be finall. And if the Plaintiffe or Défendant neglect to Appoint Apprizers within three days after Execu- tion is served, notice being given them by the Sheriffe to whom the Execution was directed, that then the Sheriffe, in such case of neglect, shall choose and Appoint Apprizers either for the Plaintiffe or Défendant for Apprizing the Goods by him Seized upon Execution as aforesaid, That before Such Apprisement the Sheriff shall remove the goods out of the possession of the plaintiffe, and the surplusage, if any be, returned to him; but after Apprisement made as aforesaid, the property to rest in theLAWS OF THE COLONY OF NEW YORK. 13 Sherriffe for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession, and because there can be no Ayerment agalnst a Record, the Sheriff shall make returne of the Execution to the Clark of the Sessions that granted it, by him to be entered upon Record, under the Order it was Issued upon, that so the Satisfaction as well as the Judgement may be Authenticklÿ proved, Occation Require. ARREST. That no Sheriff nor other officer shall Exécuté any writ or warrant upon any person or persons either upon the Sabbath day, upon the day of humiliation for the Death of the late King of Blessed memory, upon the day appointed for Thanksgiving for his Majesties happy restoration or upon the 5th day of Noyember provided always that it shall, and may be Lawful for the Sheriff, or any other Officer to apprehend and Carry to prison, any person or persons for Riotts felony or Escape out of prison when under Execution, upon any day, at any place, any thing in the Law to the Contrary notwithstanding. Ail that cornes to the Sessions or Assizes for publique service or upon Compultion upon Complaint & Examination of the matter by oath, shall be freed from any Arrest dureing their occations so long as the Court sits. Ail arrests, writs, warrants and proclamations are to be in his Majesties Name. No person shall be Arrested for any Debt or fine untill the time when the Debt or fine shall become due is expired; unless it Doth appear upon Oath, that the Debtor, doth intend to con- vey himself away upon purpose to avoid the Action, and defraud his Creditors; In which case also, he shall not be arrested but either by Spécial warrant or warrant from one Justice of the peace or high Sherrife. In case any suite or action dépends between two persons of one Town, the one shall not cause the other to be arrested in any other Jurisdiction upon any pretence but by spécial warrant. Whosoever shall upon pretence of Debt or trespass Arrest any Person with intent to disinable him from giving in Testi- mony in any Case depending, or from prosecuting any suite in which he stands engaged shall be punished by Fine and Imprisonment at the discression of the Court, and the person so Arrested shall be set at liberty. Neither shall the Cause, for want of such evidence, whilst under Arrest, be Adjudged to the préjudice of either Plaintiffe or Défendant.14 LAWS OF THE COLONY OF NEW YORK. Any person under arrest except in cases not bailable may be set at Liberty to prosecute, Answer, or give in evidence at tke Sessions or Assizes, Security being given for his return to prison, and in case no bail or Security can be found, the Court may send for the party by Spécial warrant. No mans person shall be longer imprisoned for Debt or fine than he can find sureties for his Answering the Suite, or paying the Debt. And if it shall Appear to the Court, that the person impleaded hath a Competent man [“means” in Roslyn copy] to give Satisfaction out of his Estate reall or personal for the said Debt, Then the Court shall Discharge the person and Secure the Plaintiffes debt out of the Défendants Estate. Ail Persons of known Estâtes who to beget strife refuse the payment of their Just Debts if arrested and Imprisoned, shall be kept at their own charge, and not the Plaintiffes, till Surety be given or Satisfaction made Provided that no mans person shall be kept in prison for debt or fine, Longer than the Second Day of the next Sessions after the Arrest unless the Plaintiffe shall make it appear that the person Arrested hath some Estate which he will not produce, In which case the Court may Author- ize an Oath to be Administered to the party or any other Sus- pected to be privie in Consealing his Estate. And the Court shall also order if no Estate can be found, that the Debtor shall Satisfie his Debt by service, if the Creditor so require, as also the charge of his arrest and imprisonment. ASSESSMENTS. Ail assesments shall be made by the Constable and the Eight Overseers of the Parish proportionable to the Estate of the Inhabitants in the Town or parrish where such Assesments is to be made, and every Inhabitant who shall not Contribute proportionably to the Rate so Assesed, shall be compelled there- unto by Atachment or distress of Goods to be Leveyed by the Constable provided that no man shall be assesed for any Estate Reall or personall which lyeth not within the same Town or Parrish where he is Assessed. That the Justices of peace only shall be exempted from paying any publique Assessment in the place where they Inhabit dureing the time of their bearing Office payment to the Church only excepted. The Towns assesment shall be certified in writing unto the Sessions, and the Justices are impowered to relieve an y Inhabit- ant by abatement who shall make it appear that he is over Charged.LAWS OF THE COLONY OF NEW YORK. 15 In case of tlie necessary or Casual absence of one two or more of tke Overseers when the Assesments or other Dutyes are xo be performed, relating to the Constable and the Eight Overseers aforementioned it shall be lawful for the Constable and four Overseers to act and détermine as if the whole Number were présent, And if any one Overseer shall happen to dye dureing the time of his Office it shall be lawful for the rest of the Overseers by the Major voate to Choose an other in his place and the person so chosen, upon refusai of the said Office shall forfeit to the Town ten pounds towards the defray- ing of the Towns Charges. ASSATJLTS. Assaults are made either by Blowes or offering of hurtful blowes or at least by threatening and menacing speeches To rebuke an Officer with foule words, so that he départs with fear without doing his Office shall be taken for an Assault. A servant or labourer [“ workman ” in Roslyn copy.] convicted by Confession or two witnesses for Assaulting his Master Dame or Overseers shall be Imprisoned till the next Sessions, where he shall be brought to answer for the fault and shall reçoive what Corporall punishment the Court shall Adjhdge Saving life & Member : In defence of himself his wife Father or Mother Children or Servants a man may Lawfully use force to resist any attempt made to that purpcse. ATTACHMENT AND SUMMONS. That it shall be in the Liberty of every Plaintiffe to take out either summons or attachment against any Défendant pro- vided no Attachment shall be granted in any Civill Action to any Forrainer or Stranger against a settled Inhabitant in this Jurisdiction before he hath given Sufficient Security or Caution to prosecute his Action, and to answer the Défendant such cost as the Court shall award him. That in ail attachments of Goods and Chattles or of Lands and hereditaments Leagall notice shall be given to the party, or Left in wTriting at his house or place of usuall aboad, other- wise the Suite shall not proceed notwithstanding if he be out of this jurisdiction, the Cause shall then proceed to Trial; but Judgment shall not be entered before the next Court, and if the Défendant doe not then appear, Judgment shall be entered; but Execution shall not be granted before the Plaintiffe hâve given Security to be Responsible to the Défendant if he shall Reverce the Judgment within one year or such further time as the Court shall limitt.16 LAWS OF THE COLONY OF NEW YORK. That no summons pleading Judgment or any kind of pro- ceedings in Court, or Courts of Justice shall be abated Arrested or Reverst upon any kind of Circumstancial Errors or mistakes if the person and cause be rightly understood & Intended by the Court, And in ail Causes when the first Summons are not served eight Days Inclusively before the Court, and the Case briefly Specified in the warrant where Appearance is to be made by the party Sunnnoned, it shall be at his liberty whether he will appear or not, except ail Cases that are to be handled in Court suddenly called on extraordinary Occation, by Spécial Warrant That ail Original processe whether Summons or Attachaient shall express in whose name the party Sueth, whether in his own name or as an Executor of the last will and testament of such a man, or Administrator of the goods and Chattle, of such a man, or Assigne, Attorney, Guardian, or agent of such a man, or the like, or otherwise if Exemption be taken before the parties joyne Issue it shall be good and the plaintiffe shall be lyable to pay Cost. ATTORNEY. That no justice of Peace shall at any time whilst he is in Commission be an Attorney in any Case. That no high Sheriffe, under Sheriffe high Constable petty Constable or Clarke of the Court shall be permitted to plead as an Attorney in any Persons behalfe in the Court where he Officiâtes, provided always that if any poore person not able to plead his owne Cause shall request. the Court to Assigne him the High Sheriffe under Sheriff high Constable petty Constable or Clark to plead for him it shall be Lawfful for the Court to grant it; And for the person to plead accordingly, But the person so pleading the poor mans Case, is not to give Judgment provided also that any high Sheriffe under Sheriffe high Con- stable petty Constable or Clark acting as general Attorneys for any person, absent out of the Country, and Negotiating their Affaires, and so Lyable to be sued for their Employers such Persons shall hâve Liberty, also to plead and prosecute in any Cause that shall any way Conscerne their said Employers. ASSIZES. . The Court of Assizes shall be held but once in the year which shall begin on the last thirsday in September at New York. Upon information from any Court of Sessions to the Gov- ernour and Councell of any Capitall Offender, unless the Court of Assizes shall happen, to be within two Months time afterLAWS OF THE COLONY OF NEW YOEK. 17 such information; The Governor and Councell shall Issue forth a Commission of Oyer and Terminer for the more Speedy Trial of such Offender. BAYLE. Baylement is the saving or delivering a man from prison before he hath Satisfied the Law, by finding Surety to Answer which is justifiable by Law. The person bayled is to be delivered into his Suretyes hands. If the sureties shall afterwards doubt the Escape of the prisoner Bayled; a Justice of the Peace upon prayer may dis- charge the Sureties and Commit the party to prison untill he find other Security such as the Justice shall accept. To Bayle one not baylable, is a négligent Escape in the Justice. To Bayle one Contrary to Law is fineable, which is to be interpreted for Bayling persons committed either by Spécial warrant, or for Capitall Offences. BARRATEY. If any man shall be indicted proyed and Judged a Common Barrator; yexing other s with unjust frequent and endless Suites it shall be in the power of the Court both to reject his-Cause; and punish him for his Barratry by fine or Lnprisonment. BALLAST. That no Ballast shall be taken from any Town Shore by any Person whatsoever without Allowance under the hands of the Constable and two Overseers upon the penalty of Sixpence for every Shovell full so taken, unless they be such Stones as they had lay there before, and that no Ship, nor other vessell shall Cast out any Ballast in the Channel or other place uncon- yenient; in any harbour within this Goyernment, upon the penalty of ten pounds. BILLS. That any Debt or Debts due upon bill or other Speciallity Assigned to another, shall be as good a debt and Estate ta the Assignée, as it was to the Assigner, at the time of its Assigna- tion, and it shall be lawful for the said Assignée, to sue for, and recoyer the said Debt due upon Bill and so Assigned as fully as the Original Creditor might hâve done, Provided the said Assign- aient be made upon the Back side of the bill or Speciallity. 318 LAWS OF THE COLONY OF NEW YORK BOND SLAVERY. No Christian shall be kept in Bondslavery, villenage or Cap- tivity, Except Such who shall be Judged thereunto by Authority, or such as willingly haye sould, or shall sell themselves, In which Case a Record of such Servitude shall be entered in the Court of Sessions held for that Jurisdiction where Such Matters shall Inhabit, provided that nothing in the Law Contained shall be to the préjudice of Master or Dame who shall by any Indenture or Covenant; take Apprentices for Terme of Years, or other Servants for Term of years or Life. BOUNDS. That every Town shall sett ont their Rounds within twelve Months after their Rounds are granted, and that when their Rounds are once set out; once in three years, three of the Over- seers of the town Appointed by the next Justice, shall Appoint with the Adjacent Towns the Auncientest Town to give notice to the neighbours Towns to go the Rounds betwixt their said Towns and renew their Marks, The time of preambulation to be between the 20th and last [The word “day” here occurs in Roslyn copy.] of February and at the charge of each particular Town upon the penalty of five pounds for every Town that shall neglect the same. If any particular [The word “mans” here occurs in Roslyn copy.] Town lott or Lands lying in Common with others shall refuse to go to the Rounds between his lands and other mens once a year, being requested thereunto upon one weeks warning he shall forfeit ten shillings for every day so neglected one half to the party moving thereto, And the other half to the Town. And whereas many Contentious Suites do arise about the bounds, Limits and titles to lands appertaining to Towns or particular persons occationed much through the unskilfulness or fraud of pretended Surveyors, for prévention whereof for the future, No Surveyor of Lands shall give a plott of any lands Surveyed by him unto anv other person or persons whatsoever, than such as Employed them, untill six Months after .such Plott is drawn according to its Survev, And that one Plott so drawn describing the bounds and Limits of the Town shall be kept in the Records of each particular Town, and another plott so drawn and delivered to the Clark of that Court of Sessions to which that Town Relates, within Seven Months after the Survey shall be so made. BREWERS. That no person whatsoever shall henceforth undertake the Calling or work of Brewing Reere for Sale, but only such as are known to hâve Sufficient Skill and knowledge in the art orBAWS OF THE COLONY OF NEW YORK. 19 Mistery of a Brewer, That if any undertake for yictualling of Ships or other Vessels or Master or owner of any such Aressels or any other person shall make it appear that any Beer bought of any person within this Goyernment do proye nnfit, unwhole- some and useless for their supply, either through the insufficiency of the Mault or Brewing or unwholesoine Cask, the Person wronged thereby, shall be and is hereby enabled to recoyer equal & Suffi cient damage by Action against that Person that put the Beer to Sale. BIBTHS, MABBIAGES AND BUBIALS TO BE BEGISTEBED. The Names and Surnames of every Inhabitant within the Seyeral Parrishes within this Goyernment shall be Regestered, and to preyent future inconyeniences which may arise about the âge of Orphants The Certaine Marriage of Men and Women or the decease of, persons imported into this country whereof no positive Certificate can be granted, as to the âge of one, Marriage of another or the Death of another, The Minister or Town Clark of every parrish shall well and truly and plainly Record ail Births Marriages and Burials that shall happen within his Respective parrish, in a Book to be provided by the Churchwardener for that purpose, And if any Master of a family or other person Conscerned shall omitt the giving notice to the said Minister or Town Clark, of the Birth Marriage and Death of any to him or them Related the space of one Month Such person for his neglect shall be fined five shillings. [The words “ five shillings ” are not in Roslyn copy.] And the Minister or Town Clark shall hâve for his entry of such Birth Marriage or Death four pence, and if the Minister or Town Clark shall neglect entering the same as aforesaid he shall be fined upon Discovery made thereof to the use of the parrish. BTJBIALS. Whereas the private Burial of Servants & others give occa- tion of much Scandai against divers persons and So divers times not undeservedly of being guiltv of their Death from which if the person Suspected to be Innocent, there can be no vindication, nor if guilty no punishment by reason they are for the most part Buried without the knowledge or view • of any other then such of the family as by nearness of Relation, as being Husband Wife or Child are unwilling or Servants, are fearfull to make discovery, if Murder were Committed, for remidy whereof, and for the greater decency of Burials There shall be within every parrish of this Government, one or more places appointed according to the extent of the parrish, to be set apart and fenced in for places of publique Burial, and before20 LAWS OF THE COLONY OF NEW YORK. the Corps be Buryed there shall be three or four of the neigh- bours Called, of which one shall be one cf the Overseers of the parrish, who may in Case of Suspicion view the Corps and if none, yet according to the decent custom of Christendom they may accompany it to the grave, And that no person whether free or Servant, shall be Buried in any other place then those so appointed, unless such who by their own appoint- ment in their life time hâve signified their desire of being interested in the burial place of some other parish. CAPITALL LAWES. 1. If any person within thïs Government shall by direct efcprest, impious or presumptuous ways, deny the true God and his Attributes, he shall be put to death. 2. If any person shall Commit any wilful and premeditated Murder, he shall be put to Death. 3. If any person Slayeth another with Sword or Dagger who hath no weapon to defend himself; he shall be put to Death. 4. If any man shall slay, or Cause another to* be Slain by lying in wait privily for him or by poisoning or any such wicked Conspiracy, he shall be put to Death. 5. If any man or woman shall lve with any Beast or Bruite Créature by Carnal Copulation they shall be put to Death, and the Beast shall be Burned. 6. If any man lyeth with mankind as he lyeth with a woman, they shall be put to Death, unless the one party were Forced or be under fourteen Years of âge, in which Case he shall be punished at the Discrétion of the Court of Assizes. 7. If any person forcibly Stealeth or carrieth away any [The words “ man or ” here occur in Roslyn copy.] mankind ; He shall be put to death. 8. If any person shall bear false witness malliciously and on purpose to take away a mans life, He shall be put to Death. 9. If any man shall Tratorously deny his Majesties right and titles to his Crownes and Dominions, or shall raise Armes to resist his Authoritv, He shall be put to Death. , 10. If anv man shall treacherously conspire or Publiquely, attempt to invade or Surprise any Town or Towns, Fort or Forts, within this Government, He shall be put to Death. 11. If any Child or Children, above sixteen years of âge, and of Sufficient under standing, shall smite their Naturall Father or Mother, unless thereunto provoked and foret for their selfe préservation from Death or Mavming, at the Complaint of the said Father and Mother, and not otherwise, they being Sufficient witnesses thereof, that Child or those Children so offending shall be put to Death.LAWS OF THE COLON Y OF NEW YORK. 21 [In the E. Hampton copy the title of “ Capital Lawes” ends here. The remainder is in the Roslyn copy only.] 12. Every marryed person or persons, who shall bee found or proved by Confession of partves, on sufficient Testimony, to hâve committed Adultery with a marryed man, or woman, shall be put to death. Every single person or persons who shall bee found, or proved by confession of partyes on sufficient Testimony, to hâve com- mitted Carnall Copulation, with a marryed man or woman, they both shall bee grieviouslv fined, and punisht as the Governor & Council or the Court of Assizes shall thinke meete, not extend- ing to Life or Member. CATTLE CORN EIELDS EENCES Every Person interested in the improvement of Common fields [The words “or any ffield” here oceur in Roslyn copy] inclosed for Corn or other Necessary use shall froau time to time, make and keep his part of the fence Sufficiently strong and in constant repair, to secure the Corn and other fruits therein, and shall not put, cause or permit any Cattle to be put in so long as any Corn or other fruits shall be growing or remain upon any part of the Land so Enclosed, unless by some general exprest agreement of such as are interested, and if at any time the owners or occupiers of any such inclosed Lands, Can- not or do not agréé in any part of the prémisses Then upon due and Seasonable notice given to the Constable and Overseers of the Town theÿ shall appoint a Convenient time to hear and order such différences, and Settle a due way of fencing improv- ing, & preserving such fields and the fruits of them, And who- soever shall Oppose or transgress shall be lyable to ail damage proved to grow thereby and to such further fine for breach of order s as the Overseers shall Judge meet. And the said Constable and Overseers shall from year to year appoint one or two or more of the planters for ail or each Common field belonging to the Town where they dwell ; to view the Common fences within their trust and to take due notice of the real defects and insufficiencv thereof, and shall forthwith acquaint the owners with the same, and if the said Owners or occupiers do not at furthest within Six Days, or sooner if the said Constable and Overseers see Cause, and so appoint Suffi- ciently Repaire, or Cause the same to be Sufficientlv Repaired, he or they shall forthwith upon the demand of the appointed viewer or viewers (besides other Just damages) pav as a fine to the Town Twelve pence for every Rod, if there be a considérable quantity of such defective fence together. or for every Single22 LAWS OF THE COLONY OF NEW YORK. defect in suck faulty fence, or tke said yiewer or viewers taking due witness of tke defects, may if it Suite tkeir Conveniency fortkwitk repair or renew tkem or Cause tkem to be repaired or renewed, and skall hâve double recompence for tke same, to be paid, besides, otker [Tke Word “ just ” kere occurs in Roslyn copy] Damages, by tke Owners or Occupiers of tke said insuf- ficient fence or fences. And in eitker Case if payaient be denyed or delayed tke said Constable and Overseers skall Levy tke same fortkwitk upon tke Estatè of tke delinquent to tke use of tke yiewer or yiewers. And wkere Lands lye in Common unfenced, if one man skall improve kis Land by fencing in seyeral and others, one or more skall not, ke wko skall so improve, skall Secure kis Land from. otker mens Cattle, unruly Cattle excepted, wko skall Compell no man to make any fence witk kim except ke also Improve in Several. And wkere one man skall improve before kis neigkbor & so make tke wkole fence. If kis said neigkbour skall after improve: ke skall tken Satisfie for kalf tke otker fence against kim; according to tke présent vallew and skall maintain tke same, and if tke first man skall after lay open kis field or land, tken tke said Neigkbour skall botk enjoy kis said kalf fence so pur- ckased, and skall kave Liberty to buy tke otker kalf fence against kis Lands paying according to tke présent wortk as it skall be rated by two men Indifferently Ckosen, and tke like order skall be wken any man skall improve Land against or Adjoyning to a Town Common provided tkis extend not to kouse Lotts in wkick if one man improve kis Neigkbour or Neigkbours skall be Com- pellable to make and maintain one half of tke fence between them whetker ke or tkey improve or not, provided also tkat no man skall be Lyable to damage done in any ground not sufficiently fenced and himself not interested in tke defective fence, or sonne part of it, Except tke damage were done by Pro- kibited or unruly cattle of any sort, in wkick Swine are Included wkick cannot be restrained by ordinary fence or wkere any skall unwarrantably put in Cattle of wkat Sort, or under wkat Couler, or pretence wkatsœver, or otkerwise wilfully tresspass upon kis Neigkbours ground. Ail Cattle and koggs skall be markt witk tke publique mark of the Town to whick tkey belong and tke private mark of tke owner, and wken tkey are Sould to any otker Town, tke Pur- ckaser skall cause tke Towns mark of tke place wkere ke inkabitetk, besides his own particular mark to be sett on, or over the mark of tke Town from wkick ke bougkt tkem.LAWS OF THE COLOKY OF XEW YORK. 23 Ail horned Beasts shall be marked upon the Horne with the Towne mark to whick tliev bel on g. That whatsoever Swine or greater Cattle, horses excepted shall be found in the woods or Gommons unmarked are Lyable to Poundage or being. either pounded or otherwise prosecuted & proved, The owners shall pay for each Swine nnmarkt three Shillings four pence, of which half the fine to the pounder or prosecutor and the rest to the Constable & Overseers, and for each of the greater sort of Cattle Six Shillings, whereof half shall be ordered to the pounder or prosecutor & the rest to the Con- stable & Overseers, but if the owners be not known or found, then everv such swine or Beast of a greater kind to be duely cryed, that the owner may take notice Clairne his interest and pay the fine and Charges. But if no owner be found, then after due Apprizement by Indiffèrent men Ckosen by the Constable and Overseers of the place and the same recorded in the Court of Sessions, Sale to be so fairly made, that the fine and Charges may be fully paid & the remaineder kept by the Constable, till the owner be known and the rest of such swine or Cattle, being first markt with a publique Town mark or Brand with some Distinction from the mark of particular men to be again turned into the woods. That no owner of Cattle of what kind soever after knowledge or notice given, that anv Cattle of his whether Horse or other Beast or Swine, is unruly in respect to fences shall Suffer any such to go at Liberty, either in Common or against Corn fields or other impropriated enclosed ground fenced as aforesaid, but shall either Constantly keep upon his own ground, within Sufficient fences, ail his own, or put and keep upon each of them such shakles and fetters or yoakes and rings as may sufficiently from time to time Restrain them and prevent trespass or shall pay ail Damage & Charges, whether in Corn or other fruit with hurt in fences, expences of time, help in Catching, pounding, driving out and bringing home any such unruly Cattle, of what kind soever, with such further fine for breach of order, and Court Charges if the plaintiffe be put to recover it that way, as the Court of Sessions shall Judge meet. For impounding of Cattle for trespass upon Corn or Meadow grounds, for each Horse, or Mare, Bull, or Cow, above two years to be paid to the Constable one penv per head. For ail Cattle under two years old and for Sheep or Hoggs, one half penny per head: Provided always that the said Cattle sheep or hoggs be taken in the Trespass, then to pay as before said, and not otherwise, Moreover the owner of the said Cattle24 LAWS OF THE COÏ.ONY OF NEW YORK. Sheep or Hoggs shall pay just Cost for the Nourishment of them so Impounded till they find Bail to Answer or shall Com- pound for the trespass before it cornes to Court. Although it be in the Constables power to impound yett he shall not grant a Replevin without two Overseers who are to take Security to answer the trespass, and if the Cattle impounded be worth five pounds or above, the owners shall pay five Shillings, if under shall pay one Shilling for the Replevin, But if the party damaged shall agréé with the tres- passer then to pay only for impounding as aforesaid. CAUSES. Every Cause of five pounds or under, shall pay two shillings Sixpence, if the Cause be of ten pounds it shall pay five shillings if above ten pounds to twenty pounds there shall be paid ten Shillings, and for every ten pounds more two Shillings Six pence. That ail causes shall be heard and tryed according to their priority of entrance, and if it shall happen that the Justices hâve Leasure and can dispatch the Cauces of which due entry was made before the time of Sessions is expired, It shall be lawful for the Justices to hear and déterminé any other cause or causes Action or Complaints in as full and Ample manner as if due Entry had been made, both the parties being agreed to corne to an issue, any thing to the Oontrary in any other Law Notwithstanding. CHURCH. Whereas the publique Worship of God is much discredited for want of painful & able Ministers to Instruct the peuple in the true Religion and for want of Oonvenient places Capable to receive any Number or Assembly of people in a decent man- ner for Celebrating Gods holy Ordinances These ensueing Lawes are to be observed in every parish (Viz.) 1. That in each Parish within this Government a church be bnilt in the most Convenient part thereof, Capable to receive and accomodate two Hundred Persons. 2. That For the making and proportioning the Levies and Assessments for building and repairing the Churches, Pro- vision for the poor, maintenance for the Minister; as well as for the more orderly managing of àll Parochiall affairs in other Cases exprest, Eight of the most able Men of each Parish be by the Major part of the Housholders of the said Parish Chosen to be Overseers out of which Number the Constable and the aforesaid Eight Overseers shall vearly make choice of two of the said number, to be Church wardens and in case of the Death of any of the said Overseers and Church wardens; or his orLAWS OF THE COLONY OF NEW YORK 25 their departure out of the parish The said Constable and Oyer- seers shall make Choice of another to Supply his Room. 3. Every Oyerseer is to take the Oath of Allegiance at the finie cf his Admittance into his office in the Presence of the Minister Oyerseers and Constable of the parish, besides the Oath of his Office. 4. To prevent Scandalous and Ignorant pretenders to the Ministry from intruding themselves as Teachers; No Minister shall be Admitted to Offîciate, within the Goyernment but such as shall produce Testimonials to the Goyernour, that he hath Received Ordination either from some Protestant Bishop, or Minister within some*part of his Majesties Dominions or the Dominions of any foreign Prince of the Reformed Religion, upon which Testimony the Goyernour shall induce the said Minister into the parish that shall make présentation of him, as duely Elected by the Major part of the Inhabitants [the word “free- holders” here occurs in Roslyn copy] housholders. 5. That the Minister of eyery Parish shall Preach constantly eyery Sunday, and shall also pray for the Kinge, Queene, Duke of Yorke, and the Royall family. And eyery person affronting or disturbing any Congrégation on the Lords Day and on such publique days of fast and Thanksgiving as are appointed to be obseryed. After the presentments thereof by the Church- wardens ta the Sessions and due Conyiction thereof he shall be punished by fine or Imprisonment according to the merrit and Nature of the offence, And eyery Minister shall also Pub- liquely Administer the Sacrament of the Lord’s Supper once eyery Year at the least in his Parish Church not denying the priyate benifit thereof to Persons that for want of health shall require the same in their houses, under the penalty of Loss of preferment unless the Minister be restrained in point of Con- science. 6. No Minister shall refuse the Sacrament of Baptism to the Children of Christian parents when they shall be tendered under penalty of loss of preferment. 7. Ministers are to Marry Persons after Legal publication or Sufficient Lycence. 8. Legal publication shall be so esteemed when the persons to be Married are three Seyeral Days asked in the Church, or haye a Spécial Licence. 9. Sundays are not to be prophaned by Trayellers Labourers or yicious Persons. 10. That no Congrégations shall be disturbed in their priyate meetings in the time of prayer preaching or other diyine Service Nor shall any person be molested fined or Imprisoned for dif- 426 LAWS OF THE COLONY OF NEW YOEK. fering in Judgment in matters of Eeligion who profess Christianity. 11. No Person of Scandalous or vicious Life, shall be Admitted to the holy Sacrament, who hath not giyen Satis- faction therein to the Minister. CHURCH WARDENS. That Church wardens sliall twice every year (viz) on the Second day of the Sessions, to be held in June; and on the Second day of the Sessions, to be held in December, In open Sessions deliver a true presentment in writing of ail snch mis- demeanors as by their knowledge hâve been Committed and not punished whilst they hâve been Ckurckwardens. Namely, Swearing, prophaness, Sabbath breaking Drunkenness, fornica- tion, Adultery, and ail snch abominable Sinnes; The said Church wardens are also hereby impowered to cause any per- son upon whose report they ground their presentment to appear at the respective Sessions to which the presentments are made to give in their evidence concerning the same, and the refusers shall be Lyable to be fined at the Sessions. CHARGES PUBLICKE. The Charges of ail Ofûcers Civill and Military to whom no other fees are expressly granted and appropriated shall be Annually paid out of the Common Treasury in reall and good payment, or Assignation to his or their Satisfaction. Every Inhabitant shall Contribute to ail Charges both in Church and State, whereof he doth, or may receive benefit accordîng to the equall proportion of his Estate. CHILDREN AND SERVANTS. The Constable and Overseers are strictly required frequently to Admonish the Inhabitants of Instructing their Children and Servants in matters of Eeligion, and the Lawes of the Country, And that the Parents and Masters do bring up their Children and Apprentices in some honest Lawfull Calling Labour or Employment. And if any Children or Servants become rude Stubborne or unruly refusing to hearken to the voice of their Parents or Masters the Constable and Overseers, (where no Justice of Peace shall happen to dwell within ten miles of the said Town or Parish) hâve power upon the Complaint of their Parents or Masters to caîl before them Such an Offender, and to Inflict such Corporall punishment as the merrit of their fact in their Judgment shall deserve, not exceeding ten Stripes, provided that such Children and Servants be of Sixteen years of âge.27 LAWS OF THE COLONY OF NEW YORK. CHIRURGIONS, MIDWIVES, PHYSICIANS. That no Person or Persons whatsoever, Employed abont the Bed of Men women or Children at any time for préservation of Life or health as Chirurgions, Midwives, Physicians or others; présumé to Exercise or put forth any Acte Contrary to the known approved Rules of Art in each mistery or Occupa- tion, or Exercise any force violence or Cruelty upon, or to the Bodies of any whether Young or old; without the advice and Gounsell [“ consent ” instead of “ councell ” in Roslyn copy] of the such as are Skillfull in the same Art (If such may be had,) or at least of some of the wisest and gravest then présent and Consent of the patient or patients if they be Mentis Compotes: much less Contrary to such Advice and Con- sent upon such severe punishments as the nature of the fault [“ factinstead of “ fault” in Roslyn copy.] may deserve, which Law nevertheless is not intended to discourage any from ail Lawfull use of their skill but rather to encourage and direct them in the right use thereof, and to inhibit and restrain the presumptious arogancy of such as through Confidence of their own skill, or any sinister Respect, dure bouldly attempt to Exercise any violence upon or toward the body of young or old one or other, to the préjudice or hazard of the Life or Limb of man, wornan, or child. That the names of the Severall Courts to be held in each Riding three times in the year, shall be called the Court -of Sessions. And whereas there is great respect due, and by ail persons ought to be given to Courts which so nearlv represents his Majesties sacred Person, and that such order, gravity and décorum, which doth manifest the Authority of a Court, may be maintained. These rules and formes following are to be observed for beginning Continuing and proceeding in the said Court: The Court of Sessions are to begin in the East Riding the first Tuesdav in June; In the Xorth the Second Tuesday and the third Tuesday following in the West Riding, They are to Continue the Sessions in each place three days, if need So require, but no longer, the second Court of Sessions shall be held the first Second and Third Wednesdays in December, The third Sessions are to be the first, Second and third wednesdays in Mardi. THE STILE OF THE COURT TO BEE ENTRED THUS. At a Court of Sessions held at the day of by his Majesties Authority in the Seavënteenth year of tEe Raigne of our Sovereigne Lord Charles the Second by the grâce2& LAWS OF THE COLONY OF XEW YORK. of God of Great Brittaine France and Ireland King; Defender of the Failli etc: And in the year of our Lord God 1664 présent. Insert the name of the Gcvernoure. Silence Commanded Then let the Cryer or under Sheriffe make proclamation and Say O ves O yes O yes. Silence is Commanded in the Court whilest his Majesties Governor Counsel and Justices are Sitting upon pain of Imprisonment. After Silence is Commanded Lett the Cryer make Proclama- tion Saying; Ail manner of Persons that hâve any thing to do at this Court, draw near and give Attendance; and if any one hâve any Plaint to Enter, or Suit to procecute, Lett them corne forth and they shall be heard. When Silence is thus commanded, and Proclamation made upon Calling the Dockett, the Cryer shall Call for the Plaintiffe. CALLING FOR THE PLAINTIFFE, À. B ; corne forth and prosecute thye Action against C. D. or else thou wilt be non Suited. And the Plaintiffe putting in his Déclaration, the Cryer shall Call for the Défendant. CALLING FOR THE DEFENDANT, C. D; corne forth and save thee and thy Bayle, or else thou wilt forfeit thy Recognizance. For proceeding in the said Court WARRANT TO BE ISSUED BY THE CLARKE, Whosever shall speak in Dérogation of the Sentence or Judg- ment of any Court, shall be fined at the Discrétion of the next Court of Sessions or Assizes. CONSTABLES. That the Constable shall whip or Punish any one to be pun- ished by Order of Authority, where there is not any other Officer appointed to do it, in their own Towns, unless they can get an other person to do it. That any and every Person tendred to any Constable of this Government, by any other Constable or other Officer belonging to any Jurisdiction within this Government, or by warrant from any Justice shall be presently received and Conveyed forthwith from Constable to Constable till they be brought to the place to which they were sent, or before some Justice of the peace who shall dispose of them as the Justice of the Cause shall require; Ail Hue & Cryes shall be duly received and diligently pursued to full effect And where no Justice of theLAWS OF THE COLONY OF NEW YORK. 29 Peace is near,‘ Every Constable shall hâve full power, to make Sign and put forth pursuites or Hue and Cryes after Murtherers Mau Slayers Theves Robbers Burglurers and other Capitall Offenders, as also to Apprehend without warrant such as are overtaken with Drink, Swearing, Sabbath breaking, Yagrant persons or night walkers provided they be taken in the manner, either by the Sight of the Constable or by présent information from others, As aiso to make search for ail such Persons either on the Sabbath Day or other when there shall be Occasion in ail Houses Licensed to sell either Beer or Wine or any other Suspected or disordered place and those to Apprehend and keep in Safe Custody till opportunity Serves to bring them before the Next Justice of the peace to further Examination, Pro- vided that when any Constable is Employed by any Justice for apprehending of any person he shall not do it without a war- rant in writing. And if any person shall refuse to Assist any Constable in the Execution of his Office in any of the things aforementioned being by him required thereto, They shall pay for neglect théreof ten Shillings to the use of the Town of which he is Constable To be Levyed by warrant from any Justice before whom such Offender shall be brought And if it appears by good Testimony that any shall wilfully or Contemptuously refuse or neglect to assist any Constable as is before expressed, he shall pay to the use aforesaid forty Shillings And that no man may plead Ignorance for such Neglect or Refusai, Every Constable shall hâve a Staff of about six foot long, with the Kings armes on it as a badge of his Office which Staff shall be provided at the charge of the Town. And if any Justice of peace Constable or any other, upon urgent Occasion shall refuse to do their best endeavours in raising and presecuting Hue and Cryes by foote and if need by Horse after such as hâve Com- mitted Capital Crimes: They shall forfeit for every such offence to the use aforesaid fcfrty Shillings The Constable and every two Overseers may take Bayle for any Person Arrested within their precincts if not in Execution or Committed' by Spécial warrant. That Every Constable within his Jurisdiction, shall on the penalty of five pounds Clear up his Accompts with the High Constable for ail fines Amerciaments or what other publique money of the goods he shall receive, one whole month before the expiration of the year of his Office, And they and every of them are impowered to press Boats or Carts; for the [the words “ better and ” here occur in Roslvn copv.] more Speedy Send- ing in of what they hâve so Collected according to the time appointed, and if any Constable shall not hâve Collected the said30 LAWS OF THE COLONY OF NEW YORK. fines and Americaments Commited to his Charge b y the High Con- stable; during the time of his Office that he shall notwithstanding the Expiration of his Office hâve power to Levy by distress ail su ch fines Amerciaments and Levy es, and if hç bring them not into the High Constable according to his warrant The high Constable shall distrayne such Constables Goods for the Same. Constables shall be chosen in ail Towns upon the first day of April, or Second, yearly, by the plurality of the votes [“ voyces” instead of “ votes” in Roslyn copy.] of the free holders in each Town; that is to say one of the four Overseers, in whose places new ones are chosen for the ensuing year, shall be chosen to Officiate as Constable within their Town, Whose nanie and person shall be presented by the Old Constable and Overseers to the next Sessions ensuing there to be Confirmed by the Justices of the peace by taking the oath appointed for Con- stables. CONVEYANCES DEEDS AND WRITINGS. That henceforth no Sale or alienation of Houses and Lands within this Government, shall be holden good in Law except the same be done by Deed in writing under hand and Seal and delivered and possession given upon part in the name of the whole by the Seller or his Attorney so authorized under hand and seale, TTnlesse the said Deed be Acknowledged and Recorded according to Law. That ail Deeds and Conveyances of Houses and Lands within this Government wherein an Estate of Inheritance is to pass, it shall be expressed in these words: or to the Like effect (viz)r To hâve and to hold the said houses and Lands Respectivelv to the party or grantee, his heirs and Assigns forever, Or if it be an Estate Entailed, then to hâve and to hold, &c; to the party or grantee and to the Heirs of his bod.y Lawfully begotten [the w^ords “ or the hires made of his Dody lawfully begotten ” here occur in the Roslyn copy.] between him and such an one his Wife; or to hâve and to hold to the Grantee for terme of Life, or for so manv vears, Provided that this Law shall not include former Deeds and Conveyances, but leave them in the same Condition as they were, or shall be in before this Law shall take effect; which shall be from the pub- lication thereof, Provided also That this Law shall not extend to Houses or Lands given by will or Testament or to any Land granted or to be granted by the Inhabitants of a Town. That no Conveyance, Deed or Promise, whatsoever shall be of Vallidity if it be obtained by illégal violence imprisonment threatenings or any kind of forcible Compultion called Dures. Ail Covenants [“Covenous” instead of “ Covenants ” in Roslyn copy.] or fraudulent Aliénations or Conveyances ofLAWS OF THE COLONY*OF NEW YORK. 31 Lands Tenements or any hereditaments shall be of no force or validity to defeat any man from his due Debts or Legacies or from any just Tithe, Claime or possession of that which is so fraudulently Conveyed. That after the time aforesaid no Mortgage, Bargain, Sale or Grant made of any Houses, Lands Bents or other Hereditaments where the Granter remains in possession shall be of force against other Persons Except the Granter and his heirs unless the Same be acknowledged before some Justice of the peace or Superior Officer in the Government and Recorded as is hereafter expressed. And that no Such Bargain, Sale or Grant already made in any way of Morgage where the Granter remains in possession shall be in force against otliers; but the granter or his Heirs except the same shall be entred as is here expressed (that is to say) within one Month after the date before mentioned if the party be within this Gouvernment or elsewhere within three Months after he shall returne, And if any such Granter shall refuse being required by the Grantee his Heirs or Assigns to make an acknowledgment of any grant, Sale, Bargain or Mortgage, by him made shall refuse so to do, It shall be in the power of any Justice of peace, to send for the party so refusing, and Commit him to prison without Bail or Mainprize, untill he shall Acknowledge the same, and the Grantee is to enter his Caution with the Clerk of the Court of Sessions and this shall save his Intrest in the niean time, And if it be doubtful whether it be the Deed or Grant of the party he shall be bound with Sureties, to the next Court of Sessions, and the Cautient shall remain good as aforesaid. And for the Recording of ail such Grants, Sales, and Mort- gages, That every Clarke of every Court of Sessions shall enter ail such Grants, Bargains, Sales, and1 Mortgages of Houses Lands, Rents and Hereditaments as aforesaid together with the estâtes of the Granter and Grantee; things and Estâtes granted, together with the Date thereof. COUNCELL. Any Person who shall be sworn of the Counsell to the Governour shall in any place within this Government hâve in ail respects the Power of a Justice of Peace and in any Court of Sessions may sit as President. CONDEMNED. That no man Condemned to die, shall be put to death within four Days next after his Condemnation unless the Governour see Spécial Cause to the Ccntrarv; or in Cause of Martial Law. And the Person Executed shall be buried near the Place of Execution.32 LAWS OF THE COLONY OF NEW YORK DEFAMATION. That no Action shall be admitted for defamation in any Court where the words are not Actionable & no words shall be Estemed, Actionable, but such as if true might hâve brought tbe person to Suffer punishment by Law, any other to be cast out of the Court, and the Plaintiffes to be nonsuited and because offences of this Nature may be Speedily Determined any Jus- tice of the peace is hereby Authorised and impowered to hear and Détermine them and likewise to bind the Persons so Offend- ing to the good behaviour or if they find not good Security for the Same to commit them to prison till they find it. DOWBYES. If any Woman shall Causelessly absent herself from her Husband of which he shall make Complaint to the Court of Sessions If upon certain time given her by the Court, shee shall refuse to return, shee shall forfeit her Dowry unless the Husband shall afterwards upon a New Agreement Confirm the same. EASTING DAYES AND DAYES OE TH ANKSGIVEING TO BE OBSEBVED. Whereas be an Açt of Parliament the fifth Day of Novem- ber is annually to be obseryed for the Great Deliverance from the Gunpowder Treason. And whereas by one other Act of Parliament The thirtyeth Day of January is annually to be obseryed with Fasting and Prayer in ail his Majesties Domin- ions to shew a hearty and Serious Repentance and Détestation of that Barbarous Murtker Committed upon the Person of our late King Charles the first, thereby to divert Gods heayy Judg- ment from falling upon the whole Nation, as also by an other Act of Parliament wTe are enjoyned thankfully to acknowledge the providence of God upon the Nine and Twentyeth Day of May for his Majesties Birth and Resturation to the Throne of his Royall Ancestors whereby Peace and unity is Estab- lished in ail his Majesties Dominions, Every Minister within his Severall Parish is enjoyned to pray and Preach on these day s and ail other Persons are also enjoyned to abstain from their Ordinary Laboure and Calling According to the true intent of both the said Acts. EEES OE JUSTICES OF PEACE. For Nominating three Arbitrators when a Case undër forty Shillings is brought to him by the Constable.... 7 6 For warrants of appearance to answer ail sorts of Actions at the Court or binding over to the Sessions or the Assizes for the good behaviour or the peace....... 2 6EAWS OF THE COLONY OF NEW YORK 33 S. D, Upon plaints of Debt or Damage ................... 1 6 Upon Common Actions, as Slander or the like....... 1 0 Upon Subpoena for each Person .................... 0 6 Nothing is to be paid for warrants in Criminall and Capitall Causes. No Fees for doing his Office, as a Justice upon ye Bench. The Justices Charges are to be bourne, both at Sessions and Assizes out of the fines and Amerciaments. FEES OF PETTY CONSTABLES. S. D. For Collecting of the Assessments Amerciaments and fines and paying them into the high Constable per pound, 1 0 For Attachments, or Apprizements of Goods per pound, 0 2 For Assisting upon Common Action, the plaintiffe to pay his ............................................. 1 6 No fees are to be paid for executing of Speciall warrants or apprehending Criminal or Capitall Offenders but are to be done ex officio. FEES FOR THE HIGH CONSTABLE AND TJNDER SHERIFFE. S. Dâ For receiving the Assessments Amerciaments & fines from the petty Constable and paying them into the Sheriffe per pound ................................. 0 6 For every Judgment in Court or Verdict............ 1 0 For the Summoning and Empannelling a Jury......... 0 4 The Sheriff shall hâve of the Plaintiffe upon ail Arrests •whether by Bill Writt or warrant .................... 1 8 Vpon every Execution that shall be served if under one Hundred pounds for each pound................ 1 0 For what shall be above one Hundred pounds for each pound .......-....................................... 0 6 For receiving the Assessments Amerciaments and fines from the high Constable & paying them into the Treasury per pound ............................................ 0 6 For- going into Prison ........................ 1 6 For whipping ...................................... 2 6 For pillory ....................................... 2 6 534 LAWS OF THE COLONY OF KEW YORK. For a warrant of attachaient................... 1 0 For the Sheriffs warrant to Summon and Empannell a Jury for each Cause............................... 1 t> And for other trouble not here exprest, other reasonable fees shall be allowed by the Court. EOR EEES OE YE CLARKE OE THE COURT OE SESSIONS WHO IS ALSO CLARKE OE THE WRITTS. S. D. For entering eyery Action for Tryall ................ 2 6 For entering and recording a bargain and Sale of Lands or Houses Inventoryes or Conveyances if under 24 linnes, 2 6 [“ ffor eyery 12 Lines more, Os. 6d.” here occurs in Roslyn copy.] For entering a will or Administration for himself if under 24 lynnes ........................................ 1 6 If aboyé for eyery 12 lynnes more.................... 0 6 For the fees of the Office of Record for which he is to< be Accomptable theire................................... 2 6 For entering a Judgment of Court ...................... 3 0 For entering an execution ............................. 1 6 For Entering an Order of the Court..................... 1 0 For the Coppy ......................................... 1 0 For Entering an Attachaient ........................... 1 .6 For Entering A Déposition ............................. 1 0 [“ ffor the copy of a Déposition, ls. Od.” here occurs. in Roslyn copy.] For Entering A Pétition ............................. 0 6 For Entering A Certificate .......................... 1 0 For the Entring and Recording of any other business (orphants excepted) for the first and Second pages...... 2 6 For eyery page more ................................... 0 6 For licenses to Innkeepers and Victuallers ............ 2 6 THE EEES OF THE CLARKE OE ASSIZES. That ail charges of Officers or Attendants upon Causes at the Assizes shall be double to these of the Sessions and to be leyied in the same manner. If any thing shall be done by the Clark of the Assizes or the Clark of the writs of either Court; more than is here expressed, the Justices are to Adjudge them a Farther fee, either at the Sessions or Assizes According to his merritt for greater pains taken.LAWS OF THE COLONY OF NEW YORK. 35 FEES FOU THE COURT. For returning Appeals to the Assizes with ail the Circuinstances whereof the Court of Sessions hath taken cognizance towards the defraying of Court Charges.. For the Coppy of an Appeal and Causes........... FEES FOR THE CRYER OF THE COURT. S. D. For Calling the Jury for each Cause.,................. 1 0 For swearing every witness............................ 0 4 For A non Suit ....................................... 1 0 For non appearance of witnesses upon Subpeana.. L.. .. 0 4 For every verdict..................................... 0 4 FEES OF THE MARSHALL. For receiving into ward.............. It is to be the Marshall s care to provide a convenient Room or place for the Jury to retire into. s. D. For every verdict brought in while the Court sits_______ 0 6 If the Jury Stay together ail Night before delivery of the Verdict ............................................... 2 6 The Marshall is to receive no Prisoner but such as are Con> mitted by warrant, excepting only in such présent Occasions, where a warrant cannot duly be obtained Provided that he shall not refuse any Prisoner brought to him by any known Officer, the said Officer obliging himself to deliver in a warrant to the Marshall for his so doing within twenty four hours. The ordinary Rate and Allowance for the dyett of every Prisoner to the Marshall, shall be p diem eight pence and he shall demand no more Provided always that any Prisoner for his better accommodation either for Lodging or Dyett; may agréé with the Marshall upon a further Price. FORNICATION. If any Person commit Fornication with any Single woman they shall both be punished by enjovning Marriage, fine or Corporal punishment, or anv of those According to the discrétion of the Court. FORGERY. If any Person shall forge anv Deed or Conveyance, testa- ment, Bond, Bill, Release, Âcquittance, Letter of Attorney, or any writing to prevent Equity & Justice they shall stand s. n. 1 0 •S. D. 6 8 2 630 LAWS OF THE COLONY OF NEW YORK. in the Pillory three Severall Courts Days and render double damages to the party wronged and also be disable to give any Evidence or verdict to any Court or Magistrate. TIRE OR BURNINGS. If any Person or Persons whatsoever shall set on fire any dwelling House Church or store houses or to that purpose shall set on fire any Out House, Barne, Stable Stack of Hay, Corne or Wood, or such like Combustible matter, Maliciously and willingiy, He shall be Commited to Prison, there to remain without Bayle till the next Sessions, where if convinced by proofe or Confession of the Crime he shall [In the Roslyn copy the words “ remayne in” here occur, and the words following down to the word “ prison ” are omitted.] be Commited to prison there to remain without Bayle till the Next Sessions where if convicted by Proofe or Confession of the Crime, he shall remain in Prison till the next Assizes, there to reçoive Judgment to Death, or full Satis- faction out of his Lands Goods, or Chattells to the party or parties damnified according to the good Discrétion of the Bench. If any Person whatsoever shall kindle any fire in the woods or Grounds lying in Common, or in his own Grounds so as the same shall runne into any Corne Grounds or Enelosures of his Neigh- boures, he shall be Lyable to pay ail Damage; of whatsoever Sort, and half so much more for a fine; or if not able to pay the Court shall Adjudge the Person guilty of Corporal punishment not exceeding twenty Stripes, or do Service to Expiate the Crime. ETJGITIVES. Every Apprentice and Servant that shall départ or absent thiemselves from their Master or Dame without leave first obtained shall be Adjudged by the Court to double the time of such their absence by future Service over and above other Damage and Cost which the Master or Dame shall Sustain by such unlawful departure and whosoever shall be proved to hâve Transported, or to hâve Contrived the Transportation of any such Apprentice or Servant shall forfeit twenty pounds to the Master or Dame and be fined five pounds to the Court, and every Inhabitant that shall harbour or entertain any such Appren- tice or Servant, knowing that he had absented himself from his Service, upon due proof thereof shall forfeit to the Master or Dame ten shillings for every Days entertainment or Conceal- ment If any Master of Shippe or vessel shall Transport or carry away any freeman whether Merchant or Kôuseholder that is, or shall be Indebted here, without Pass or Licence he shall beLAWS OF THE COLONY OF NEW YORK. 37 lyable to satisfy the Debts of the person so Transported, unless the same be otherwayes Satisfied or that sucli Merchant or Householder do return again into this Government, and Appears to Answer in Court within the space of Six Months after such absence. HORSES AND MARES. That every Town within this Government, shall hâve a mark- ing Iron or flesh Brand for* themselves in particular to dis- tinguish the Horses of one Town from another, besides which, every Owner is to hâve, and Mark his Horse or Horses with his owne Particular flesh Brand having some distinguishing mark, that one mans Horses may be known from anothers. And that in every Town there be an Officer Appointed by the Constable and Overseers to record every Mans particular mark and to see each particular Mans Horse Mare and Colt Branded; and to take notice and Record the âge of each of them as near as he can, with the Colour and ail observable marks whether naturall or Artificial and what Artificial marks it had before the Branding whether on the Eare or Else where with the year and day of the Month when Branded And in Each Town the Officer for his Care and pains to hâve Six pence of the owner of each Horse, Mare and Colt so Branded and Recorded, And that Every one who hath any Horse or Horses of what Age or kind soever, do duely observe this Order at his perill. And when any Horse Mare or Colt is to be Sould to any other Towm, the Purchasers shall Cause the Town mark of the place where he Inhabits, besides his owne particular mark to be sett on, or over the mark of the Town from which he bought them. The Officer also is to require as Satisfying Evidence of his Right who présents any Such Horse Mare or Colt as may be had; Or to Record any defect of due Evidence that a way may be open to other Claimes. No Maares Shall be Transported out of this Government either to Barbados, Virginia or any other remote or forraine Planta- tions without Spécial Licence under the penalty of the forfeiture of the Maare, or Maares So Shippt for Transportation. To prevent the frequent abuse of Selling and killing other Mens Horses or Cattle, whereby the true owner Seldome or never know what is become of their Horses or Cattle No man of what quality soever he be shall Sell Truck or give away any Horse or Mare, Cow, Oxe, or Bull not markt as else where directed unto any other person whatsoever, under the penalty of five pounds to be paid by him that Sells, and also five pounds for him that Buy es; which Horse, Mare, Cow, Oxe, or Bull though markt, shall be Regestered in the Town where the prop-38 LAWS OF THE COLONY OF NEW YORK. erty is Changed, within twenty four houres, with the name of the Persons and places of their Habitation, under the penalty of ten pounds to be paid by each party concerned therein as Buyer or Seller. Neither shall it be Lawful for any man to kill any Cow Ox or Bull, or Such like Cattle, either for Sale or for bis private use, before he give Notice thereof, to the per son appointed for that Town to Register such matter and' a due entry be made thereof ; with the Name of the Owner the mark of the Cattle, under the penalty of forfeiting the whole Cow Oxe or Bull, & so found the one half thereof to the informer, the Other half to the Con- stable and Overseers. IMPRESSES. That in ail Publique workes for the safety and defence of the Gouvernaient or the Necessary conveniences of Bridges Highways and Commun passages, the Governour or deputy Governour and Councell shall send warrants to any Justices and the Justices to the Constable of the ne)rt Town or any other Towne within that Jurisdiction, to send soi many Labour- ers and Artificers as the warrant shall direct, which the Con- stable and two others or more of the Overseers which the Constable shall choose shall forthwith Exécuté, and the Con- stable and Oyerseers shall haye power, to giye such wages as they shall Judge the wrork to deserve, provided that no Ordinary Labourer shall be compelled to work from home aboyé one week together No man shall be compelled to any publique work or service unless the Presse be grounded upon some knowm Law of this Government, or an Act of the Governour and Councell Signifying the necessitv thereof, In both which Cases a reasonable Allowance shall be made, Nor shall any man be Compelled in Person to any Office, work, warres or other publique service that is necessarily and Sufficientlv exempted by want of years greatness of years defect in mind, failing of senses or Impotency of Limbes, or by the Qualitv of the office which is else where exprest. No man shall be compelled to go out of this Jurisdiction upon any Offencive warrs, but only upon such vindicative and défensive wars as in our owrn behalf or in the behalf of our Nation, against a Common Enemie shall be enterprized bv the Governour wTith the Advice of the Councell or by Authority Derived from the same Neither shall any mans Cattle or Goods of wliat kind soever; be pressed or taken for any such publique use or Service, Unless it be by warrant grounded as aforesaid nor without such reasonable satisfaction as the ordinary ratesLAWS OF THE COLONY OF NEW YORK. 39 of the Country doth afford and in case either Cattle or goods shall perish or be damaged in suck Service the owner skall be recompenced. INNKEEPER & ORDINARYES. No Person or Persons skall at any time under any pretence or Colour wkatsoever undertake to be a Comnion Victuler keeper of A Cooke shopp, or House of Common entertainment, oi publique Seller of wine Beare, Ale or strong waters by retail or a less quantity tkan a quarter Caske, witkout a Certificate of kis good behaviour from tke Constable and two Overseers at least of tke parisk wkerein ke dwells and a Lycence firsil obtained under tke kand of two Justices of tke peace in tke Sessions upon pain of forfeiting five pounds for every suck offence, or Imprisonment at tke discrétion of tke Court. Every Person so licensed for Common entertainment skall hâve some Ordinary signe obvious for direction of strangers, within tkree Montks after tke Licence granted under tke penalty of twenty Skillings. Every Person Licensed to keep an Ordinary skall always be provided of strong and wholesome Beer, of four buskels of malt, at tke least to a Hoggskead wkick ke skall not Sell at above two pence tke quart under tke penalty of twenty Skillings, for tke first Offence, forty skillings for the Second, and loss of kis Licence, It is permitted to any to Sell Beer out of Doores at a penny tke Ale quart or under. No licensed Person skall suffer any to Drink excessively or at unseasonable hours after Nine of tke Clock at nigkt in or about any tkeir houses upon penalty of two skillings six pence for every Offence if Complaint and proofe be made tkereof. If any quarrel cr disorder doth arise from intemperate per- sons witkin their house, tke Person so licensed for not imme- diately Signifying tke same to tke Constable, or one Overseer at the Least, who are Authorized to cause the peace to be kept, shall for every such neglect forfeit Tenne Shillings and every person found Drunk in or about any of their houses shall forfeit twro shillings Six pence, And for being the Author or accessary of the breach of the Peace and disorder or for Tipling at unseasonable hours shall forfeit ten Shillings,and for wrant of payment or in case they be Servants and neglect tkeir Masters occations They shall be sent to the Stocks one hour at the least, It skall be lawfull notwitkstanding for ail Licenced Persons to Entertain Land Travellers or Seafareing men in the night season when they Corne on shore or from their Journey for theire necessary refreshment or toward theire préparation for40 JjAWS OF THE COLONY OF NEW YORK. theire Voyage or Journey, And also ail étrangers, Lodgers or other Persons may freely Continue in such Houses, when theire Lawfull Occations and business doth require, Provided there be no disorder amongst them. Every Per son so Licenced for the Entertainment of strangers with their Horses, shall proyide one or more Enclosure for Summer Hay and Provender for winter with conyenient stable roome, And attendance; upon Penalty cf two Shillings Sixpence for every days default, and double Damage to the party thereby wronged. No Licenced Person shall unreasonably exact upon his Guest for any sort of entertainment, and no man shall be compelled to pay above eight pence a Meale, with small Beer only unless the Guest shall make other agreement with the person so lycenced. No Licence shall be granted by any two Justices in Sessions for above the terme of one year, but every person so Licenced before the expiration of the said Terme shall and are hereby enjoyned to repair to the sessions of that Jurisdiction for renew- ing their Several Licenses for which they shall pay to the Clarke of the Sessions two Shillings Six pence, or else they shall forfeit five pounds as unlicenced persons. Ail Offences committed against this law, shall be determined by the Constable with two or more of the Overseers, who are impowered to Collect and receive the Severall fines or distrayne in Case of non-payment rendring accompt thereof as is else where required. INDIANS. » No Purchase of lands from Indians After the first day of March, 1664, shall be Esteemed a good Title without leave first had and obtained from the Governour and after leave so obtained, The Purchasers shall bring the Sachem and right owner of such Lands before the Governoure to acknowledge satisfaction and payment for the said Lands whereupon they shall hâve a grant from the Governoure And the Purchase so made and prosecuted is to be entered upon record in the Office & from that time to be valid to ail intents and purposes. Ail injuryes done to the Indians of what nature whatsoever shall upon their Complaint and proofe thereof in any Court hâve speedy redress gratis, against anv Christian in as full and Ample manner, (with reasonable allowance for damage), as if the Case had been betwixt Christian & Christian. No person shall sell, give or Barter directly or indirectly any Gun or Guns, Powder, Bullet, shott, Lead nor any Vessel of Burthen, or Row Boate Canooes only excepted Without Licence first had and obtained under the Governours hand and Seal, toLAWS OF THE COLOKY OF NEW YORK. 41 any Indian whatsoever, nor to any person Inhabiting out of this Goverment, nor shall amend or repair any Gun belonging to any Indian, nor shall Sell any armour or weapons, npon penalty of ten pounds for every Gun, Armour, weapon, Vessell, or Boat, so Sould given or Bartered, five pounds for every pound of powder, and forty Shillings for every pound of Shott or Lead and proportionably for any greater or lesser quantity. Ko Person Shall from and after the first day of September 1665 Directly or Indirectly Trade with the Indians for any sort of furrs without Licence first had' from the Governoure which Licence is to be renewed every year at the Governours pleasure, or remained if he shall find just Exception. . Ko Person whatsoever from henceforth shall Sell, Truck, Barter, give or deliver any Strong Liquores to any Indian directly or indirectly, whatsoever known by the name of Rum, Strong waters, Wine Brandy Spirrits or any other Strong Liquore under any other Kame whatsoever ; TJnder the Penalty of forty Shillings for one pint and Soo proportionately for greater or lesser quantities so Sould, Bartered, given or delivered as aforesaid, One third part of this penalty to be to the informer, Provided always that it is and shall be Lawfull by way of reliefe and Charity to any Indian in Oase of sudden extremity sickness faintness or weariness to sell or give to such Indian or Indians the quantity of two drames and no more of any such Strong Liquors as are aforementioned Provided also that the Gov- ernoure by Licence rna.y Authorize any person or persons to sell any or ail Such Strong Liquores to Indians upon Security taken from the person Licenced for his or theire good behaviour. In ail Places within this Goverment the English and ail others shall keep their Cattle from destroying the Indians Corne in any ground where they hâve right to plant and if any of theire Corne be destroyed for want of fencing the Towne sliall make Satisfaction, and shall hâve power amongst them- selves to lay the Charge where the Occation of the Damage did arise. Provided that the Indians shall make proofe the Cattle of such a Town farme or Person clid the Damage And for the Indians Encouragement towards the fencing in theire Corn fields, such Townes farmers or Persons where Cattle may annoy them that way shall Direct, Assist and help them in felling of trees riving and Sharpening Rayles and hoiling of Poasts; allow- ing one English man to three or more Indians and shall also draw the fencing into place for them, and allow one man a day or two towards the setting up of the same, And either sell or lend them Tooles to finish it Provided that such Indians shall 642 LAWS OF THE COLONY OF NEW YORK. fence their Cornefields or Ground att their own Charge, And if any Indians shall refuse to fence their Corne Grounds’(being tendred help as aforesaid,) in the présents and hearing of Suffi- cient witnesses They shall keep of ail Cattle or loose their Damage. And if any harme be done at any thne bv the Indians unto the English in theire Cattle, The Gouvernour or Deputy Gov- ernour with two of the Councell, or any Court of Sessions or Assises may order Satisfaction according to Law and Justice. No Indian whatsoever shall at any time be Suffered to Powaw or perfolme outward worship to the Devil in any Towne within this Goverment. JTXRORS AND JURYES. That the Clarke of the Sessions sh ail in Convenient time before the Sitting of the Court give a Certificate to the Sheriffe or under Sherifï of what and how many Causes are entered for their hearing the next Sessions to the end the Sherifï or under Sheriff may (and are hereby required) Immediately to Issue forth warrants to the Constable of the Severall Townes of the Jurisdiction of the Court or Jurymen proportionable to the Causes with regard to the equality of the number from each Town and according to the warrant The Constable shall warn so many of the Overseers to attend as Jurymen and return their names to the under Sherifï, And if such Number of Jury men so required, prove not Sufficient for Carrying on the business with dispatch to the Sessions The Justices may require the Sheriffe or under Sheriffe, to Supply their number wdth so many able and discreet men as shall either attend the Court upon other occations, or shall happen to be Inhabitants of the Towne where thè Court shall be held. Ail Juryes so Chosen shall be Èmpanelled and Swo'rn truly to try between party and party and shall find the matter of fact, with the Damages and Costs according to the Evidence; where upon the Justices in the absence of other Superior Officers, shall pronounce the sentence directing the Jury in point of Law, and if there bee matter of apparent equitv upon the forfeiture of an Obligation, breach of Covenant without damage or the like, the Bench shall détermine such matters of equity. Every Juryman shall be allowed three Shillings Six pence per Diem for the Charges of their Attendance ont of the fees and profits arising in each Court where they do Service, or by the Country if those fall Short. No Jury shall exceed the number of Seaven nor be under Six unless în Spécial Causes upon Life and Death, The Justices shall thinke fitt to Appoint twelve.LAWS OF THE COLON Y OF NEW YORK. 43 In ail Cases wherein the Law is obscure, so as the Jury cannot be Satisfied therein. Tbey hâve Liberty to présent a spécial verdict (viz) If the Law be so in such a point, We find for the Plaintiffe but if the Law be otherwise, We find for the Défendant, In wliich Case the détermination doth properly belong to the Court, And ail Juryes shall hâve liberty* in matter of fact, if they cannot finde the maine Issue, yet to find and présent in their verdict so much as they Can. Whensoever any Jury or* Jurores are not Clear in their Judgements conceming any Case, they shall hâve liberty to open Court (but not otherwise) to advice with any particular man upon the Bench, or any other whom they shall think fitt to Résolve and direct them before they give in their verdict. The Verdict shall bee given in by ye foreman of ye Jury. A Verdict shall be so esteemed, when the Major part of the Jury is agreed, and the Minor shall be concluded by the Major without allowance of any protest by any of them to the Con- trary; Except in Case of Life and Death where the whole Jury is to be unanimous in their Verdict. The Bench is brîefly to sume up the Evidence by way of Information to the jury. To be Father, Brother, Uncle, Nephew or Cousen German to the party or Parties Concerned, shall be a Lawful Exemp- tion against a Jurore before he be Swora & not after. Any one that shall présumé to reveale the dissenting votes of a Jury or Arbritration, shall forfeit ten Shillings for the first offences and for farther breach of this Law The ne.it Court of Sessions, or Assizes shall impose a greater fine on the Offender according to the Meritts of the Cause. JUSTICE OE PEACE. The Justices of the Peace or Sheriffe or either of them shall hâve Power to Issue out writts or warrants according to the nature of the Plaint. The Warrants of any Justice of the Peace, shall be of force and is to be Executed by any inferiour Officer in any of the Ridings, as fully and Effectually, as if the Justice were an Inhabitant within that Riding, Provided always that the Plaintiffe, or Cause of Plaint do arise within the Riding where the Justice doth dwell. The like rule is to be observed in Hue and Cryes. The eldest Justice of Peace in the absence of the Governor Deputy Govemoure or Someoneof theCouncell shallpronounce the Decrees or Sentence of the Court, Except in Case of NaturalU LAWS OF THE COLONY OF NEW YORK. Imperfections, or agreement amongst the Justices themselves, it be otherwise determined to any other Person of them, In neither of wliicli Cases the Justice shall Refuse to do his Office, or Enter his desent to the préjudice of the Court. Any Justice of the Peace, may if he please, or see cause for it Présidé as Cheife in any of the Towne Meetings within the Jurisdiction where he dwells. LANDS. Ail Lands and héritages within this Goverment shall be free from ail fines and Licences, upon Alienation and from ail Heriotts, Wardships Liveryes Primier Seizins year day and wast, Escheats, and forfeitures upon the Death of Parents or Auncestors Natural, unnatural, Casuall, or judiciall, and that for ever (Cases of high treason only Excepted.) To the end ail former Purchasers may be ascertained to the présent possessor or right owner They shall bring in their former Grants, and take out new pattents for the same from the présent Governoure in the behalfe of his Royall Highness the Duke of Yorke. Ail Purchaseres of implanted Lands shall of their Cost and Charge, Cause a Survev and Draught thereof to be made within one yeare after such Purchases and deliver the Same into the Office of Records, whereby the bounds and Limits thereof may bee justly distinguished, and if the purchasors shall not within three years after the Survey plant Seat or Inhabit upon the said purchasse they shall forfeit their Right, Title, and Interest therein. Every Purchasor in acknowledgment of the propriety of such Lands belonging to his Royal Highness James Duke of Yorke, shall upon Sealing of the Pattent Pày unto the Governoure So much as they shall agréé upon; Not exceeding for every hundred Acres. And upon the Seating of a Towne two Towne Lotts shall be reserved bv the Purchaser to the use of the Gouvernoure (Gratis) to dispose of to such as he shall thinke fitt. LAWES. In regard it is almost impossible to provide Sufficient Lawes in ail Cases, or proper Punishments for ail Crimes the Court of Sessions shall not take further Cognizance of any Case or Crimes, whereof there is nôt provition made in sonie Lawes but to remît the Case or Crime, with the Due Examination and proof to the Next Court of Assizes where màtters of EquityLAWS OF THE COLONY OF NEW YORK. 45 shall be decided, or Punishment awarded according to the dis- crétion of the Bench and not Contrary to the known Lawes of England. LYING AND EALSE NEWES. Every Person of âge of discrétion which shall be reputed of fourteen years or upwards, who shall wittingly and willingly forge or Publish false newes whereof no Certain Auther nor Authentique letter out of any part of Europe can be oroduced, whereby the minds of People are frequently disquieted or exas- perated in relation to publique Affairs, or particular Persons injuried in their good names and Crédits by such Common deceites and abuses Upon due proofe made by Sufficient wit- nesses before the Governour or any Court of Sessions the Per- son soi offending in ordinary Cases shall for the first offence be fined ten shillings, for the second offence twenty shillings and for the third offence forty Shillings and if the party be unable to pay the same he shall be Sett in the Stocks so longe, or publiquely whipt with so many stripes as the Governor or any Court of Sessions shall think fitt not exceeding forty stripes; or four houres Sitting in the Stocks, and for the fourth offence he shall be bound to his good behaviour, paying Cost or Service to the Informer and witnesses, such as shall be judged reason- able sattisfaction, But in Cases of high nature and publique Concernes, the fine or punishment, shall be increast according to the discrétion of the Governor and. Council onely. MARRIAGES. Whereas by the Law of England no Marriage is Lawfully Consummated without a Minister whose office it is to join the parties in Matrimony after the Banes thrice published in the Church or a Lycence first had and obtained frorn some person thereunto Authorized, Ail which formality cannot be duly practiced in these parts. Yet to the end that a decent rule therein may be preserved It is Ordained that from henceforth the names and surnames of each Partv who sue for Marriage, shall be Publiquely read in their Parislî Church or place of usuall Meeting, where they both then Inhabit three severall Lords days successively. And where no Church or Meeting place shall happen to bee, a publication in writing shall be first fourteen Pays before Marriage upon three doors of each parish whereof the partyes Inhabit (vizt) one on the Constables the other two upon any two Doors of the Overseers of the Parrish Unless they produce a Lycence from the Governour in both which Cases, and not46 LAWS OF THE COLONY OF NEW YORK. otherwise, it shall be Lawfull for any Minister or for any Justice of Peace to joyne the Parties in Marnage, Provided that the said Partyes do purge themselves by Oatli before the Minis- ter or Justicé that they are not under the Bonds of Matrimony to any other Person Living, and if it shall be after proved, that either both of the Parties are perjured, and thereby attained a Double Marriage for the said perjury the party or parties offending shall bee boared through the tongue with a red hot Iron and moreover proceeded against as in Case of Adultery is provided; But if either Party be approved Innocent as to him or her Self and Ignorant of the others wicked fraud the inno- cent Person shall recover damage against the nocent; and be sett at Liberty as if no such Marriage had been made. No man shall barbour, conceal or detain Contrary to the concent of the Husband any Married woman, upon penalty of five Shillings for every hour that such Married woman remains under his Roof; after demand made by her Husband at the Dwelling house where his wife is harboured concealed or detained. Provided alwavs that any woman flying from the barbarous Cruelty of Her Husband to the House of the Constable or one of the Overseers of the saune Parish; may be protected bv them in the manner as is Directed for Servants in such Cases and not otherwise. IN WHAT CASES IT SHALL NOT BEE PUNISHABLE TO BE MABBY. If either the man or woman shall be Convicted to hâve falsified their Oath to the Justices of Peace or Minister the other is free to Marry. l'f Sufficient Certificates be brought from any forraigne parts agreeing with allowable Circumstances that the man or the woman are dead, the time, place, and manner specified under the hand and Seal of some Creditable person and known Magistrale the other is free. If either the man or woman Travelling by sea or Land into any forraign Parts, which voyage by Common computation may be perfected in one years time or Less or in few days, of whom no Certain knowledge or news shall be had within five years after his or her departure nor of any that accompanyed him or her in the voyage it may be justly presumed such Person is Dead, and after the expiration of five Compleat years the other is free to Marry. Provided always that if either the man or the woman shall at any time after the Expiration of five years Returne and bring fullLAWS OF THE COLONY OF KEW YORK. 47 Testimony tliat hee or shee haie divers waves endeavoured by writings or Messages to make known to his wife, or her Husband, that Shee or hee were then living, or that they were by Imprison- ment or Bond Slavery with the Turks or other Heathen, Law- fully hindered froni giving such information It shall and may be lawfull for the said man or wornan to Challenge his or her premarriage, and obtain an order for their Cohabiting as formerlv. but if neither shall sue for such an order, They may by mutuall agreement Enter a Release to each other in the office of Records, and both remain free from their former obligations The father onelv of the Ohildren as are begotten in Lawfull Marriage is to provide for such Children as shall be adjudged in the Court of Assizes only. If any man shall hereafter présumé to Marry contrary to these Lawes prescribed the Person offending shall be proceeded against as for Adultery or fornication according to Evidence the Children so begotten shall be Reputed Bastards, And the Parents Suffer such pannes and penalties by fines or Punislrment as they hâve deserved. If any Justice of Peace or Minister shall présumé to Marry any Daughter, Maid or Servant; without the known Consent of the Parents (if any be living) or the known Consent of the Master or Dame of the Servant, or any other Person who hâve not been thrice asked in the Church or usuall meeting place or otherwise Legally published, or without a spécial Licence for his so doing, under the hand and Seal of the Governour, The Justice or Minister shall forfeit twenty pounds, and be put out of his office, MASTERS SERVANTS AND LABOURER. Ko Servant either Male or Female shall either give, sell or Truck any Commodity whatsoever, dureing the time of theire Service, under the penalty of fine or Corporal punishment, by warrant Under the hands of two Justices of the Peace as the Offence shall meritt, And whatsoever Person shall either Buy, receive or Truck with any such Servant Contrary to this Law they shall be compelled to restore the said Commoditves to the Master of such Servants or Servant, and forfeit the double value thereof to the poor of the Parrish wiiere they shall Inhabit. Ail Labourer s and Servants shall. work in their Callings being thereunto required, the whole day, the Master or Dame allowing them convenient time for food and rest. If any servant shall run away from their Master or Dame or any other Inhabitants shall privily convev them awav or upon Suspicion of such their evil Intentions Everv Justice of the Peace or any Constable with two Overseers where no Justice is48 LAWS OF THE COLON Y OF NEW YORK. at hand Hâve power to press Men, Horses, Boats, or Pinnaces, at the Publique Charge, to pursue such Persons, both by Sea and Land and to bring them back by force of Armes, to Clear them- selves of suck Crimes or Suspition thereof. No man shall refuse for Service or worke done, his Payment in Corne at the usual Rate, Provided that the Corne be Mer- chantable, Provided also that no Speciall agreement was before hand made for any perticuler payment if so then to be paid in the same Specie agreed upon or Considération for default thereof by Arbutration. If any Masters, or Dames shall Tyrannically and Cruelly abuse their Servants, upon Complaint made by the Servant to the Constable and Overseers, they shall take Speedy redress therein, by Admonishing the Master or Dame not to provoke their Servants, And upon the Servants Second Complaint, of the like usage It shall be Lawful for the Constable and Overseers to protect and Sustaine such Servants in their Houses till due Order be taken for their Reliefe in the ensuing Sessions Pro- vided that due Notice thereof be Speedily given to Such Masters or Dames, and the Cause why such Servants are Protected and Sustained, and in Case any Master or Dame by such Tyranny and Cruelty, and not Casually, shall smite out the Eye or Tooth of any such man or Maid Servant, or shall otherwise Maime or disfigure them such Servants after due proof made shall be sett free from their Service, And hâve a further allow- ance and recompence as the Court of Sessions shall judge meet. But in Case any Servant or Servants shall causelessly Corn- plain against their Master or Dame If they cannot make proofe of a just occation for such Complaints such Servants shall by the Justices of the Court of Sessions be enjoyned to serve three Months time extraordinary (Gratis) for every such undue Complaint. No Servant, except such are duly so for life, shall be’Assigned over to other Masters or Dames by themselves their Executors or Administrators for above the Space of one year, unless for good reasons offered; the Court of Sessions shall otherwise think fitt to order, In such Case the Assignment shall stand good Otherwise to be void in Law. Ail Servants who hâve served Diligently; and faithfully to the benefit of their Masters or Dames five or Seaven yeares, shall not be Sent empty away, and if any hâve proved unfaith- ful or négligent in their Service, notwithstanding the good usage of their Masters, They shall not be dismist, till they hâve made satisfaction according to the Judgment of the Con- stable and Overseers of the parrish where they dwell.LAWS OF THE COLONY OF NEW YORK. 49 MILITARY AFFAIRES. For as much as the good Management of the Militia is the Support of ail Goverments in Peace and Safety, to which ail Persons of what quality soever are obliged in duty & Conscience in their proportions to be Aiding and Assisting to this good end these following Lawes are to be observed. 1 First, that every Male Person above the âge of sixteen years Except, Justices, [The word “high” here occurs in Eoslyn copy.] Sherifles, high Constables and under Sher- riffe Petty Constable Ministers and professed Schoolmasters* Physicians and Chirurgeons, allowed of by two Justices, Clarkes of Assizes or Sessions Publique Notariés, Masters of Shipps or vessels above Twenty Tunns Constant heardsmen or such as hâve bodily Infirmity or old âge shall be excused by the Justices in any Sessions, as also one servant of each Justice or high Sherifl! shall duely attend ail Military Exercises and Service as Trayning watching and warding, when they are thereunto required and warned by their Officers under the penalty of five shillings for every Dayes default. 2 Every Town shall be provided of a Sufficient ware [“ ware ” is “ watch ” in Eoslyn copy.] house and a Safe convenient place thereunto Adjoyning for keeping Pow- der and Ammunition ; under the penalty of ten Pounds and the Constable and Overseers shall provide and maintain for a General Stock to the use of the Town in Case of necessity, one Barrell of good Pouder, English weight one hundred and fifty Pounds of Muskett or Pistell Bullets Thirty Pounds of good Match; which they shall carefully renew from yeare to yeare, [“yeare to yeare” is “tyme to tyme” in Eoslyn copy.] or time to time as shall be needful under the Penalty of five pounds, for The want of such proportions of Bullets, Pouder, or Match as beforementioned ; And where there are Artillery forts or Batteryes in any Town, The Constable and Overseers shall Mount such Guns, and fitt them with Appurtenances for Service, and the Constable and Overseers are hereby authorized to Assess Levy or destrain upon the Inhabitants for building providing doing and maintaining the particulars before recited. 3 Besides the Generall stock of each Town Every Male within this Government from Sixteen to Sixty years of âge, or not freed by public Allowance, shall if freeholders at their own, if sons or Servants at their Parents and Masters Charge and Cost, be furnished from time to time and so Continue well furnished with Armes and other Suitable provition hereafter mentioned: under the penalty of five Shillings for the least default therein Namely a good Serviceable Gun, allowed Sufficient by his Mili- T50 LAWS OF THE COLONY OF NEW YORK. tary Officer ta be kept in Constant fitness for présent Serrice, with a good sword bandeleers or horne or worme a Scowerer a priming wire Shott Badge and Charger one pound of good powder, four pounds of Pistol bullets or twenty four bullets fitted to the gunne, four fathom of Serviceable Match for match lock gunn four good flints fitted for a fire lock gunn, And ail Captains or Military, Officers are hereby required to give in or send an Accompt yearly, to the Governour and Councell how the Inhabitants are firnished and provided, That due Supply may be ordered. 4 That the Constable and Overseers shall in behalf of their Town présent to the Governour three names of the most fitt persons in their Towne to be Captaine Lieutenant and Ensigne to whome the Governour shall Issue forth Commissions accord- ingly, unlesse hee hâve Sufficient Exceptions against either of them In which case the Constable and Overseers, shall proceed ta a new Election, which is to bee by the plurality of voyces of the Soldiers. 5 No man Elected into any Military Office, shall refuse to accept thereof, or discharge his trust therein under the penalty of five pounds whereof one half to be paid to the Governour and the other halfe to him that is chosen in his place, and accepts thereof. 6 The Captaine or Chiefe Military Officer in each Towne is impoured once in three Months at least every yeare or oftner if they see good, to take a Strickt view, how every man is fur- nished with Armes and Âmmunition according to Law and where any are found faulty They are required to make present- ments thereof to the Constable and Overseers of the said Towne, That the fines and penalties may by them from tyme to tyme be duely Levied, and if this view of Armes and Ammunition, shall at any time be neglected or the defects not duly presented, The Captaine or Chiefe Military Officer shall pay forty Shillings for his Neglect, which fine shall be Levied by the Constable and applyed to the maintenance of the Publique Stock of the Towne. 7 Ail fines for the Neglect of Townes or Captains and Chief Oficers in Military affairs, shall be imposed by the Court of Sessions only and not otherwise, b^t for the neglect of particu- lar persons by the Constable and Overseers. 8 Every Town within this Government shall hâve every year four Days of Trayning amongst themselves and theire shall be also in each Rvding once in the yeare a General Trayning of ail the Townes within that Jurisdiction which may take up three dayes time, the one in Corning to the place appointed, the next for the Trayning, and the third for every one to Returne to theire Habitations.LAWS OF THE COLONY OF NEW YORK. 51 8 There shall be likewise once in fwo years a General Trayn- ing for ail Souldiers within this Government, The time and place to be at the Nomination of the Governor. In the Severall Traynings Ail Males above sixteen Years of âge who are not freed from that Service, are to be taught and Instructed in the Comely handling and ready use of their Armes, in ail postures of Warre to understand and attend a.11 words of Command, And further To fitt ail Such as are or shall be in Some measure instructed for ail Military Service, against there be occation under the penalty of forty Shillings to be Leveved upon the Military Officers, as upon Examination they shall be found more or less faulty and with respect to> their place the greater trust paying the Greatest fine for neglect And the dayes to be appointed for private and Generall Traynings shall be at the most Convenient times of the Year for Traynings, but not within fourteen dayes one of another, Moreover every such Trayning Day the Major Generall or Chief Military Officer présent shall cause the names of ail the Souldiers to be read in the forenoone and in the afternoone also if hee see Cause And Whosoever in any Trayning day shall be totally absent, shall pay five Shillings for every such default, whoever shall at any time of the day withdraw himself from the Service without leave from the Chiefe Military Officer présent hee shall pay either as for total absence, or a greater or less fine as the Offence considered in ail Circumstances may require And whoso- ever shall corne late, shall pay for each such default one Shilling & for any other disorderly offencive Cariage according to the Nature and measure of it Nor shall any Town suffer their Inhab- itants to Neglect or grow Slight in a service of such importance And wThat fines shall be levved by virtue of any neglect or Mis- demeanor at the General Trayning of such Jurisdiction The Major General shall hâve the one third and the other Officers two jthirds. [In the Roslyn copy the words “but what fines shall [happen to bee att the general trayning, for the whole govern- [ments two-thirds shall bee payed to the Major Generall and ( one^third to the officers,” follow.] 9 Ail fines arising upon this accompt, and not exprest here, jthey shall be disposed of are to be Eimployed in the Buying jDrumes, Colours, Halberds and other necessary Charges relating to the Militia. 10 The Governor and Councell shall send warrants to the Major General, the Major General to the Captaines and Chief Officers, to draw their Severall Companies to a Certain place mentioned in the said warrants, alowing fourteen Dayes warn- ings in time of peace, But if at any time there shall happen within this Goverment any Forraigne Invation or any Publique52 LAWS OF THE COLONY OF NEW YORK. attempt or annoyance from a Common Enemy, whether Christian or Pagan or other Insurrection or Rébellion against tlie Lawfull Authority In such Case the Governor by warrant to the Major Generall the Major Generall to the Sheriffe, the Sheriff to ail Officers both Chili and Military shall Iîmnediately despatch Orders Warrants or presepts to ail other Persons whatsoever, that upon their utmost perills of fine and Imprisonment, by the Governor & Councell they nor anyof themdo fail to meet upon a Certaine day and place in the warrant to be expressed with their Armes and other Military provitions, where the Sheriffe in person is also to appear and attend there to receive further Order from the Governor and Council. Match Locks accepted against omitted, which was the 11. [In the Roslyn copy the subdivision 11 is inserted as follows: 11 One-third of Every company of what number soever, shall consist, is to bee trayned to use of a match locke muskitt which no man thereunto appoynted, by the Captaine shall refuse under the penalty of Twenty Shillings, but on the contrary shall appeare and Exercise with the same, at ail traynings whatso- ever; under the aforesaid penalty.] 12 The three Chiefe Officers of each Company hâve power to punish any Souldier or Souldiers that shall commit disorder or or Contempt upon any day or time of Military Exercise within their Towne or upon any watch or ward, by Stocks Riding wooden Horse or other Military pùnishments ôr by fine not exceeding ten Shillings or may Commit such offenders to the Constable, to bee carried before some Justice of the peace who may bind him over to the next Court of Sessions, or Commit him to prison if the Cause so require. 13 Offences of Contempt or disorder at any General Trayning shall bee heard and Adjudged by the Major General and the Captaines onely, who hâve power to double the fine or Treble the punishment upon the Offenders, though not to alter the manner which is directed to the Chiefe Military Officers in ^Towne Traynings. ) 14 If any person cannot procure Armes or Ammunition with ■such pay or meanes as hee hath, If hee bring to the Captaine so jnuch Corne as by the apprizement of the said Captain and two other Indifferent men whereof one to bee Chosen by the party, shall bee adjudged of greater value by a fifth part, then such ^Armes and Ammunition is of hee shall bee excused of the penalty for want of Armes untill hee bee provided, and the Captaine shall Endeavoure to furnish him so soone as may bee by Sale of such goods so deposited, rendring the Overplus toLAWS OF THE COLONY OF NEW YORK. 53 the party, But if any person shall not bee able to provide him- self Armes and Ammunition though meere poverty, if hee be Single he shall bee put to Service by the Constable and Over- seers of the place where he dwçlleth, or they shall provide him Armes and Ammunition, and shall appoint him when and with whom to worke it out. 15 Upon any Expédition upon occation of any Enemy or any présent Military Service to be done, Ail Smiths and other need- ful workmen shall immediatelv repaire such Armes and other Necessaries as shall be brought to them for that end, for which they shall not refuse such pay as the Country affords, upon the penalty of five pounds for everv Such default, and for any Such Neglect at any time, other time more than ten dayes, shall forfeit for everv such Offence ten Shillings. 16 No man shall be Compeld to bear Armes or wage war by sea or Land, without the bounds and limits of this Govern- ment, But froru Défensive warrs noe man shall be exempted. 17 Ail défensive or vindictive Warrs upon Indyans shall be maintained by a Generall Assesment proportioned on each Towne according to the pay and Custome of England to Souldiers and half pay to Officers. 18 In respect of the mutuall, and Brotherly Assistance whicn wee ought at ail times to Cherish and improve, for the helpe and Support of our English Neighbours in other his Majestyes Colonyes The Governour and Oouncell may at ail tymes and in ail places, by beat of Drum or otherwise, Call together list, raise Armes and send forth out of this Goverment [The words “to the releife of any other neighbour colonyes” here occur in Roslyn copy.] ail such, or so many men as shall volun- taryly présent themselves to the Service whether Ser- vants or freemen, with this distinction onely, that if any Servant making use of that pretext, to Escape from his Master, shall flee and absent himself from his Colours, and not returne, if Living with his Officers; such Servant so cÆend- ing, shall be lvable To bee punished by Death, according to the dissipline of wrarre and the master of such Servants shall hâve reasonable satisfaction allowed him by the Governour for such Damage And to ail Voluntary Souldiers so Levied, shall be Allowed one Moneth pay and made good by a Generall Assess- ment proportioned to each Towne, ail further Charges are to bee defrayed by the Colony to wThose Assistance they are Employed, And ail Justices of Peace Sheriffs high Constables and other Officers are impowered and required to Suppress and hinder ail Levyes of Souldiers by beat of Drame or otherwise to54 LAWS OF THE COLONY OF NEW YORK. be composed [“ composed” is “ compassed” in Roslyn copy.] But such as sliall be Authorized by his Majesties immédiate warrants, or the Governor and Councell liere Established. *19 Ail inferior Military Officers shall punctually obey the Orders of tlieir Superiors in their Marches Quarters, and watches without murmuring and repining under the penalty of being fined at the Discrétion of the Major General and Captains, from whose Sentence no appeal shall bee made to any Inferiour Court, nor abatement granted, except by the Governor & Councell. 20 Ail souldiers shall bee respective to their Officers and Obedient to their Command in their Marchings Quarterings and watchings as well as Traynings, whilest they are required to attend the Service, under the penalty, (for their Disobedience in ordinary occations) of five shillings but in Case of such Dis- obedience happen before the face of an Enemy; or wheja it is reasonably expected that an Enemy is at hand, to make an assault in such Cases the Officer or Officers shall commit such person or persons into Custody and at Ccnvenient time either to Sentence the Offender to some grievous punishment by a Court Marshall, or remitt the Tryal thereof to the Court cf Assizes who are impowered to hear, Examine and Détermine the Cause and what fine or penalty that Court shall thinke to impose upon the offender. 21 If any man appointed to stand Centinell, shall bee found sleeplng during that duty, whereby the lives of others are in Danger, hee shall pay forty Shillings or suffer other Military Punishment, but if hee shall corne off from being Centinel, without being relieved hee shall forfeit five pounds. 22 Every man that absents himself from the watch without leave from his Officer, shall pay five Shillings, and wûth leave shall hire another; in his place, But if any man shall départ from the watch without leave of his Officers he shall forfeit ten Shillings or more, with other paines and penaltyes, accord- .ing to the measure of the Danger that may ensue thereupon. 23 That no Troope of Horse shall exceed the Number of fifty Troopers besides officers (viz) A Captaine, a Lieutenant, A Cornet, a Quarter Master, three Corporals, whîcl Officers and the private Troopers are to observe the same times for Muster and Exercise in Military discipline with ail other Cir- cumstances enjoyned upon the foot Officers and Souldiers respectively, Mutatis Mutandis as followeth. 24 Every Trooper listed in any Troope of Horse shall keepe and maintaine a gcod Horse Fitted with Sadle, bridle, Holsters, Pistolls or Carbine, and a good Sword under the penalty of ten Shillings for the least default.LAWS OF THE COLOXY OF NEW Y ORK. 55 Neither is it lawful for an y Trooper to sell or Change his Horse without his Captaine’s concent under ye penalty of five pounds. And for non appearance upon dayes of Muster and Exercise ten Shillings a day. Neither is it Lawfull for any listed Trooper to diiband him- self, but with leave froni his Captaine under the penalty of fifty Shillings. Ail Officers both cf Horse and foote shall from lime to time Obey their Superiour Officers in ail things Relating to the Military affaires of this Goyernment. Ail other Penalties for defaults in other Officers or Souldiers of a Troope of Horse, shall bee the saine and Levied in the same manner, and applyed to such uses as are else where directed and Ordained in Relation to the foote Officers and Souldiers. OFFICERS AND OFFICES. Ail Sheriffs under Sheriffs or High Constables and Constables shall be Changed every yeare, only the under Sheriffes or high Constables, by Speciall warrant may continue in their Office. Justices of the Peace are to continue in their Places dureing [The words “ their good behavior and ” here occur in Roslyn copy.] the Governours pleasure. Clarks of Courts, Cryers, and Marshalls, are to continue in their places dureing their good behayiour for breach of which they are punishable by the Loss cf their places, and fine at the Discrétion of the Court. That the Governour and Councell may by Spécial warrant displace any Officer made or Chosen within this Goyernment for Neglecting of his Office cr other Notorious misdemeanor; and misbehayiour, In which Case the Counstable and Overseers of any Towne shall proceed to a new Election, to Supply the vacancy as if the said Officer were Dead, According to the Rules prescribed for Election of Town Officers. OVERSEERS. Overseers shall be eight in number, men of good famé and life, Chosen by the plurality of yoyces of the freeholders in each Town, whereof foure shall remain in their Office two years Successiyely, and four shall be Changed for New ones eyéry yeare, which Election shall preceed the Elections of Con- stables, in point of time, In regard the Constable for the yeare ensuing, is to be Chosen out cf that Number which are dismist from theii* Office of Overseers.56 LAWS OF THE COLONY OF NEW YORK. The New Chosen Overseers are to bee presented b y the old Constable, and Overseers, to bee Confirmed by the Justices of the Peace at the next Sessions ensuing by taking the Oath appointed for Overseers. Any one Overseer upon any sudden and necessary occasion (the Constable being not at hand, or not in health to performe his Office) May take upon him the Authority of a Constable, Provided that he carry with hiim the staffe of the Office, which shall be a sufficient warrant to any such Overseer to Act by virtue thereof, and in his Majesties name as any Constable might or ought to do. ORPHANTS. That ail Persons who now hâve or shall hâve any Estate of Goods, Chattles or Lands; in their possession, belonging to- any that are under âge shall exhibit an Inventory and Accompts of that said Estate within three Moneths next àfter Publication of this Law, to the respective Courts of Sessions where such Estate shall be and afterwards yearly; And in Case such Person or Persons who hâve such Estate, in their hands, do not at the time and place aforesaid présent the Inventory and Accompts of such Estâtes as aforesaid; Then that the whole businesse be sent to the next Court of Assizes where the Offender shall be lincd for Neglect of Exhibiting as aforesaid ; and if any good Improve- ment hath not been made of the Estate; yet if it shall be thought Convenient to Continue it in the said Persons hands hee or they shall give better Caution and security or else it shall bee removed into the hands of some other able & discreet Person or Persons as the Court shall appoint upon the Cautions aforesaid. PAYMENTS. Ail Payments upon Contracts & Engagements shall bee Satis- fied in kinde according to Convenant, Provided that in such Cases where payment in kinde according to Covenant isby Some inévit- able accident hindred which could not be foreseen.. Ail just Damages may bee Satisfied, together with the Debt by Arbitration, but in no Case shall any Creditor be forced to relinquish his just pretence to bee Satisfied in kind according to his Covenant. PIPE STAVES. That the Constable and Overseers in ail Townes within this Govennent where pipe Staves shall bee shipt, do from timç to time as need shall require; Nominate two men of each Town, Skilfull in the Commodity, And such as can attend the service, to be viewers of Pipe Staves, who so chosen shall be by the Con- stable convented before some Justice of the Peace to be Sworn,LAWS OF THE COLONY OF NEW YORK. 57 diligently and faithfully to view & search ail such Pipe Staves as are to be transported and to be used for making of right Caske who shall cast by ail such as they shall judge not Merchantable, both in respect of worme holes, and due Assize (viz) That are not in length four foote and a halfe in breadth three Inches and a halfe without sap, in thickness three quarters of an Inch, and not more or less than an eighth part of an Inch, then three- quarters of an Inch, well and even hewed and Sufficient for use, And they or Some one of them shall at ail times upon request give attend- ance, and they shall enter into a Booke the Number of ail such Merchantable Pipe Staves as they shall approve, and for whome, And if any man shall put abord any ship or any other vessel, any Pipe Staves other than shall be so Searched and proved, to the end to be transported to any other place, Except they should be shipt for dry Caske, he shall forfeit the saune whole percell or the vallue thereof, And the viewers shall be allowed two Shillings for every thousand of pipe Staves which they shall so Search; as well as the refues, as the Merchantable to bee paid by him that set them on work; And if any master or other Officer of any Ship or other vessel shall Receive into such Ship or Yessell any percell of pipe Staves to be Transported as afore- said which shall not be Searched and allowed as Merchantable and so Certified by a noate under the hand of one of the said Viewers, Such Master shall forfeit for every thousand of Pipe >Staves so unduely received five pounds, Except he can procure one of the said viewers to corne on Board And Search such Staves, as they shall bee delivered into The shipp Provided'Cast or refuse Staves, or other Red Oake Staves may be transported into those parts which may be of good use for Dry Caske, so as the same bee Carryed in distinct percells and not intermixt wTith Merchantable Staves. [In the Roslyn copy the title of “ Pounds, Prisons and Stocks/’ post., is inserted here.] POSSESSION. Every Person or Persons that hath either himself, or by his Grantee or Assignée possest or Occupied any Lands or Houses as his or their owne proper right in fee Simple within this Government and shall so continue; wThether in their owne Per- sons, their heirs or Assigns, or by anv other Person or Persons, from, by, or under them in possession as aforesaid, wdthout dis- turbance Let Suite or deniall Leagally made to such Lands, or Houses for the tearme of four yeares last past, and shall so romaine without any Claime legally Entred against the pos- sesseur before the first day of September, which shall be in the year of our Lord 1665, Shall from and after the first day of $ep- 858 LAWS OF THE COLONY OF NEW YORK. tember and for ever enjoy the sanie without any Lett, Suit dis- turbance or denyal, any Claim or pretence of any Person or Persons to the Contrary notwithstanding Provided That it shall be Lawfull for any Person that shall find himself aggrieved herein to make his Appeale to his Majesty. PUBLIQUE AFFAIRES. Whereas this Government may in niany Occations be dis- appointed of speedy and true Information of Publique Afïairs out of England, as well as out of our Neighbours Colonyes To the remidy of such future inconveniencies, Every Constable to whom any letters shall corne Directed to the Governour Attested on the Backe side the letter with the Name of one of his Majesties principall Secretaryes of State, or with the name of any one of the Governours of any of his Majesties Colonyes of New England; or any Letters Sent from the Governour to the Sheriffe or any of the Justices of York sbire upon Long Island and so Attested as abovesaid, shall be dispatcht by every such Constable within three hours at the furthest, after the receipt thereof to the next Constable and so forwards as the letter directs LTpon the penalty of forty Shillings for every hours delay And in such cases ail Constables are Impowered to Press a Sufficient horse and Man to that purpose Allowing for the Man «and Horse Satisfaction Six pence for each Miles travill which shall be discounted to each Constable in the Publique Rates. PACKERS, CASKE AND COOPER GAGER. That ail Càske used for any Liquors fish, Beefe, Porke or other Commodities to be put to Sale shall be of London Assize and of Sound and well Seasoned Timber and that fitt Persons shall from time to time be appointed in ail places needfull to Gage a.11 such Vessels or Caske and such as shall be found of due Assize, shall be marked with the Gagers marke; who shall hâve foure pence per tunne; And every Cooper shall hâve a distinct brand marke on his owne Caske; upon the penalty of for- feiture of Twenty Shillings, And whosoever shall put to sale any new Caske being defective either in workmanship, Timber or Assize as aforesaid; upon due proofe made thereof before any of the Countrv shall forfeit ten Shillings per Tunne and so proportionably for greater and lesser Caske; And because there may be no Neglect in the choyce of a Gager or Packer That Every Towne wdthin this Jurisdiction ; wdierein any Caske are made, shall yearelv make Choice of a fitt man for that Implov- ment, who being prefered by the Constable within one Moneth after the Choice made; before the next Justice of the peace,LAWS OF THE COLONY OF NEW YORK. 59 shall there take his oatk belonging to his place, which if hee skall refuse hee shall pay the summe of forty Shillings and another shall be Chosen in his Roome, Also the Towne or Con- stable shall either of them suffer the Like penalty, for their Neglect of this order, And every Gager or Packer shall see that ail Caske he Packs, Beefe, Porke, Mackerell, üsh or other Goods, Committed to his Care, bee of true and full Assizes and that hee packe the same in no other Caske whatsoever, on the penalty of ten Shillings for every Caske by him Packed, that is or shall be defective in that respect, one halfe to the Informer, and the other halfe to the Governour. That in every To wne where any su ch goods are Packed up for Sale, the Gager or Packer of that Towne, or if the Towne where in it is put to Sale or Shipped shall see that it be well and orderly performed (viz) Beefe, and Porke the whole halfe or Quarter and so proportionally, that the best be not left ont, and for fish that they be packed ail of one kind, and ail Caske sce packed be full Sound and w^ell Seasoned, Setting his Seal on ail Caske so packed, and hee shall receive of the owner for so packing and Sealing four Shillings per Tunne, But if the Gager do but only view them, and ûnd them good and Sufficient, he shall sett his Seal on them, and hâve one Shilling per Tunne, for so doing, and if such Goods so packed shall be put to Sale without the Gagers Marke, hee shall forfeit the said goods that so put them to Sale, the one halfe to the Informer the other halfe to the Governour. POTTNDS, PUISONS & STOCKS. Every Towne shall at their charge provide a paire of Stockes for offenders, and a pourid for the impounding of Cattle; and Prisons and Pilloryes are likewise to be provided in these Towns where the Severall .Courts of Sessions are to be holden. PUBLICKE CHARGES. Thaï every Inhabitant within this Government shall Con- tribute to ail charges, both in Church and Coloney; whereof he doth or may receive benefit, and every such Inhabitant that doth not voluntarilv Contribute proportionably to his Ability. with the rest of the same Towme to ail Common Charges both Civil and Eclesiasticall, shall be compelled thereunto by Assess- ment and Distress to be Levied by the Constable as in other cases, and that the Lands and Estâtes of ail Men wherever they T>well shall be Rated for ail Town Charges, both Civill and Ecclesiasticall (as aforesaidï where the Lands and Estâtes, shall Lye, and theire Person where they Dwell*60 LAWS OF THE COLONY OF NEW YORK.* That tlie high Sheriff, for the time being shall from yeare to yeare after the first day of June 1665 send forth his war- rants to the Constable of every Towne; within this Jurisdiction, reqniring the Constable to call together the Overseers of the Towne, who shall within four Moneths after the said first day of June, make a List qî ail the Male Persons in the same Town, from Sixteen years old and upwards, and a true Estimation of ail personall and Reall Estâtes, being, (or reputed to bee,) the estâtes of ail and Every Persons in the same Towne or other- wise under their Custody or Management according to- Just valuation, and to what Persons the same belong whether in their owne Towne, or other where, so near as they Can by ail Lawfull meanes and waves, which they may use (viz) of warre Houses, Lands of ail sorts as well unbroken up as others Except such as Doth or shall Lye common for free feed of Cattle to the use of the Inhabitants in Generall whether belonging to Townes in General or pertieuler Persons, but not to be kept or hearded upon to the Damage of the Proprietors, Mills, Shipps, and ail small vessels, Merchantable Goods, Crânes, wharfs and ail sorts of Cattle, and ail other known Estate whatsoever, as also ail visible Estate either at Sea, or on Shoar, ail which Persons and Estâtes are by the said Constable and Overseers to be Assessed and Rated as here followeth (viz) Every Person aforesaid, Except such as by Law are Excepted eighteen pounds, and for a more Certaine Rule in rating of Cattle, Every Cow of four years old and upward shall be vallewred at five pounds, Every ELeyfer and Steere between three and four years old, at four pounds and between two & three, at fifty Shillings, and betw^een one and two years old thirty Shillings, Every Oxe and Bull of four years old [The words “ and up- wards ” here occur in Roslyn copy.] at six pounds, Every Horse and Mare of four years old and upward at twelve pounds, cf three years old Eight pounds, between two and three years old five pounds of cne year old three pounds, Every Sheep of one year old Six Shillings eight pence Every Goat above one year old Eight Shillings, Every Swfine above one year old tw’enty Shillings; And ail Cattle of ail sorts under a year old are herebv exempted as also ail Hay and Corne in the Hus- bandmans hands, because ail Meadow, Arable Ground, and Cattle are Rateable as aforesaid, That such Persons as are dis- inabled by Sickness Lameness or other infirmities, shall be exempted and for such Children, and Servants as take not wages, their Parents and Masters shall pay for them but such as take wages shall pav for themselves.LAWS OF THE COLON Y OF NEW YORK. 61 That the Constable of each Towne do( bring into the higli Sheriffe fairly writen the just Numbers of ail Males Listed as aforesaid, the Assessments of Estâtes, made in their Severall Townes, according to the Rules & directions expressed and that the said high Sheriffe shall duly and carefully Examine ail the said Lists and Assessments of the Severall Townes and shall Correct and perfect the same according to the true intent hereof, and the same so perfected to Transmitt under his hand, before the Expiration of his Office, to the Governour. That every one shall pay their Rate ta the Constable of the Towne where he shall be Assessed, nor shall any land or estate be Rated in any other Towne, but where the same shall lye, is or was improved to the owners; reputed owners or other pro- priators, use or belioof, if it be within this Goverment, and for ail peculiers (viz) such Places as are not yet layd within the Rounds of Any Towne, The said person with the [The word “ same ” here occurs in Roslyn copy, and the words “ said person with the ” preceding are omitted.] Lands with the Persons and Estâtes thereupon shall bee Assessed by the Rates of the Towne next unto it ; the measure or Estimation shall be By the Distance of the Meeting House. And if any of the Constables and Overseers or high Sheriffe shall willingly Neglect or faile to performe the Trust Commited to them in not making Correcting perfecting or Transmiting the said Lists or Assessments according to the true Intent of this Law Every Such Offender shall be fined forty Shillings for every such Offence or so much as the Country shall be damni- fied thereby, sa as it Exceed not forty Shillings for one offence Provided that such Offence be Complained of and prosecuted in due Course of Law, within Six Moneths That upon ail dis- tress to be taken for any of the Rates or Assessments aforesaid the Constable shall distraine Goods or Chattles if they may be had and if no Goods, then Lands or Houses If neither Goods nor Lands can be had wûthin the Towne where such distress are to be taken, Then upon such returns to the High Sheriffe, he shall give warrant to Attaeh the Bodv of such person to be carried to prison there to be kept till the next Court of Sessions Except they put in Security for their Appearance there or that pavment be made in the mean time. That the Prices of ail sorts of Corne to be Received upon any Rates shall be such as is already appointed and that ail Towne Rates shall be made after the same manner and by the same ru le as the country rate, That if any Constable shall not hâve gathered his Rates or Levies Commited to his charge by the62 LAWS OF THE COLONY OF NEW YORK. high Sheriffe then being, dureing the time of his Office, That he shall notwithstanding the expiration of his Office hâve power to Levy by distress ail such Rates and Levies, And if he bring them not into the former high Sheriffe according to his war- rant The said High Sheriffe shall distraine the said Constables Goods for the same, And if the high Sheriffe shall not so dis- traine the Constable hee shall be Answerable for the same. And if the Constable be not able to rnake payaient it shall be lawfull for the High Sheriffe old or New respectively to dis- traine any man or men of that towne where the Constable were unable, for ail Arrearages of Levies and that man or men upon Peticion to the Court of Assizes, shall hâve Order to Collect the same againe equally of the Towne, with just damage for the same. That the Constable shall appoint a day and place and give reasonable warning to the Inhabitants to bring in their pro- portions upon which every man so warned, shall duelv attend to bring in his Rate, or upon neglect thereof shall forfeit two pence in the Shilling for what he falls short, and the said Constable shall hâve Authority hereby to distress the delinquents, or be accomptable themselves for the Rates and penalties so neglected by them. That ail the plantations within this Government after the publication hereof, shall be fully Comprehended in. this Law. RECORDS. Ail Records of Bargaines and Sale, or any other Convevances Administrations or Probates of will within the North and West Riding, shall be Transmited to the Office at New Yorke, with the fees Ordained for the Records, within one Moneth after the Record shall be made in the Courts, If in the Ea,st Riding within two Moneths. SAYLERS. To prevent many miscarriages which are frequently commited by Saylers, by their immoderate Drinking and other vaine expences in Ordinaryes, whereby the Master and Owners of the vessels to which they belong may be prejudised, b> Arresting and detaining such Saylors for Debts when their Shipp are ready to sett Sayle, No Victuallers, Innkeepers, or other Sellers of Wine, Beare or other Strong Liquors shall after the first day of March, 1664, Arrest, Attach or recover by Law anv Debt or Debts to bee made by any Savler or Saylers in Pay and whose dwellings are not within this Jurisdiction Except the Master or Owner of such Shipp or Vessell to whom such Saylers belong, hâve given under his hand to Discharge the same.LAWS OF THE COLONY OF NEW YORK. 03 SHERIFFE. Tlie high Sheriffe shall hâve power to issue forth any writte or warrant according to the Nature of tlie plaint: That the High Sheriffe ma y if he please or see cause for it présidé as Chieffe in any of the meetings of that Towne where hee dwells. That the High Sheriffe shall hâve the nomination of the Marshall in each Riding, and is to take Security from them. Each Riding shall hâve their Turne in haveing a Sheriffe Chosen within their Jurisdiction Successively And the Justice in the last Sessions before the Expiration of the Office of the then Sheriffe, shall présent to the Governour, in writing, the names of three persons within their Jurisdiction, out of which the Governour may make Choice of one to be Sheriffe for the Yeare ensuing. TOWNSHIPS. Whereas in perticuler Townes many things do arise, which con- cerne onely themselves, and the well Ordering their Affairs, as the disposing, Planting, Building and the like, of their owne Lands and woods, granting of Lotts, Election of Officers, Assessing of Rates with many other matters of a prudentiall Nature, tending to the Peace and good Goverment of the Respect- ive Townes the Constable by and with the Consent of live at least, of the Overseers for the time being, hâve power to Ordaine such or so many peculier Constitutions as are Necessary to the welfare and Improvement of their Towne; Provided they bee not of a Criminall Nature, And that the Penaltyes Exceed not Twenty Shillings for one Offence, and that they be not Répugnant to the publique Lawes; And if any Inhabitant shall neglect. or refuse to observe thern The Constable and Overseers shall hâve power to Levie such fines by distress. If any man shall behave himselfe offensively at the Towne meeting towards and before the Constable and Overseers they shall hâve power to Sentence him for such offences, the penalty not exceeding twenty Shillings, Provided alwayes that every such peculier Constitution be confirmed by the Court of Sessions, within foure Moneths after the making thereof, Otherwise to bee voide and of none effect. Whereas it is formerly Exprest, That small Causes shall be Arbitrated in Townes; It is to bee understood That the Constable and Overseers in theire Towne Court are first to take Cognizance, if under the value, and then to proceed either to Judgement, if the Case bee Cleare, or propose Arbitration, if above the value,64 LAWS OF THE COLONY OF NEW YORK. VOTES. Ail votes in the private affaires of Particular Townes shall be given and Hetermined by the* Inhabitants freeholders, House- holders, and in matters Committed to Arbitration, or att Ses- sions, either as to Juryes in aFi Cases or to Justices on the Bench, where the Law is not Cleare shall bee Carried by the Major part of the Suffrages, The rninor to be concluded by the vote of the Major. [The words “plurality of voices” here occur in Roslyn copy.] WEIGHTS AND MEASUBES. That the high Constable in each Riding shall provide at the Publique charge Severall Standards of weight and Measures, which shall be sealed with a Common seale appointed for that purpose, that they may be uniform and Certaine (viz) for weights a Sett of Brasse weights to four pounds with the less weights included according to the Averdupois pound, consisting of Six- teene Ounces, with a good Beam fitt to weigh and try them for Corne measures That there be one Bushel one Peck, and one halfe Pecke to be fitted to winchester Measure in England; and Measures for Liquids as the Ale quart Wine quart, wine Pint, and halfe Pinte, And that there be one Eli, and one yard, that ail and each may be according to the General Cus- tome of England; And in Goods sould by the Hundreds weight five score and twelve to bee allowed Except in Nayles sould by the hundred to which Six Score is to be allowed to the hundred, And in goods sould by the Elle and yeard one Thumbs breadth be allowed to the Length cf the Elle and yeard, and the High Constable is to take Cognizance, that the Constable and Overseers of everv respective Towne do also provide at their Townes Charge the like weights and Measures Suitable to the Standard and the Constable and Overseers shall Choose some fitt man in each Towne to be Sealer of such weights and measures; which man so Chosen, they shall présent to the next Court of Sessions And theire to be Sworne to the faithfull discharge of his duty And hee shall hâve power to send forth fils warrants by the Constable to ail the Inhabitants of their Towne, to bring in ail such weights and measures as they make use of, once every year at such time and place as he shall appoint and then to fitt them to the standard afore- mentioned, and marke them with the Town mark And the Sealer shall hâve for every weight and measure from the owners thereof two pence at the first Sealing, and for viewing and resealing them yearlv after one penny. And ail such weights and Measures as cannot bee brought to their just stand-LAWS OF THE COLON Y OF NEW YORK. 65 ard he shall deface or destroy them; And if any high Constable, Overseers or Sealer shall Neglect his or their Duty and trust he or they shall pay as a fine to the Town forty Shillings, And every person that after due notice given shall Neglect to bring in his weights and Measures, he shall pay three Shillings four pence for every such default, the one half to the Sealer the other to the Towne, And if at any time any Person within this Goverment shall buy or sell by any false or unallowed weight or Measure to the Damage of his neighbors, he shall forfeit (besides Correction) Treble the value to the Towne. WITNESSES, No man or woman shall be put to Death, without the Testi- mony of two or more witnesses, the Confession of the Party, or other Equivalent Circumstances. In ail Causes (whether Civill or Criminall but not Capital) property falling under the Cognizance of a Constable and Over* seer, it shall bee lawfull for the Constable to require and take the Oath of any witness above the âge of fourteen years and of Sound understanding and make a record thereof, that if any Court of Assizes or Sessions, shall at any time make a review cf such Cause, the evidence Also may Appeare. Every Witness, in any Action may require as due to him from the Party at whose Suite hee appears two Shillings for every Dayes attendance, but unless a witness bee Served with a Subpena to give in Testimony, it is his Choice to appear or not but after a Subpena Served, he shall hâve onely eighteen pence per Diem. It is always to be understood That the Party Delinquent or Cast, whether in Civill or Criminall Cases, shall pay ail Charges of what kind soever which arise from the prosecution WOLVES. If any Person either Christian or Indian, shall at any time bring the head of a Wolfe or Wolves to any Constable upon Long Island, the said Constable is required to Call two of the Overseers to him and then and their to pay and Satisfie such person or Persons to the value of an Indian Coat; to be allowed out of the publique Charge in the Towne Rate Provided alwayes that the Constable and Overseers shall require the Oath of such Christians, that bring the head of a wolfe or wolves, that he killed the said wolfe or wolves, with the time and Circum- stances and upon Long Island only, Provided also that the Constable and Overseers hâve due regard to such wolfe or wolves brought by the Indians, that thev appear to be fresh 966 LAWS OF THE COLONY OF NEW YORK. and newly killed, witk Circumstances that they are killed upon Long Island and not else where; The Constable and Overseers are to cause the keads to be nayled over the doore of the Con- stable their to remain, as also to Cut of both the Eares in token that the head is bought and paid for. WRECKS OE THE SEA. If any shipp or vessel belonging either to friend or Enemy shall at any time Suffer Shippwrack upon any of the Coasts of Goverment There shall no violence or wrong be offered or done to their Persons, or Goods; but their Persons shall bee har- boured and relieved, their Goods preserved from spolie and Embezlement, And ail Justices of the Peace, Mayer s Sherriffes, high Constables, Petty Constables, and Overseers, are Strictly Charged and required to be vigilent therein and upon notice of any such ill accident within their precincts, to repaire toi the place and give good Order therein for the reliefe of the persons and Security of the Goods, untill notice thereof be given to the Governour and Councell who will proceed therein According to the law of England and Cause full Satisfaction to be given to such as hâve Employed their time and Labour to the préserva- tion of the persons and Goods. [The following paragraph is not in the Roslyn copy.] The goods of friends are by Warrant from the Governour and Councell to be restored to the Owners, if any Canne be found or knowne. Also any whale or such like great fish cast upon the Shoare of any precinct, shall be taken into the Care of any of the Officers above mentioned to bee kept, or improved where it cannot be Kept, and by such Officers onely, untill the Gov- ernour and Councell (after notice sent) shall give further Order therein. And the Acknowledgement which shall be received for Whales, or such Like great fishe Cast upon the shoare of any precincts shall be the fifteenth Gallon of Oil. WARRANTS, SPECIALE WARRANTS AND SPECIALE LICENCES. Ail writings warranted or Licenced under the Governour his hand and Seale, shall be esteemed and Observed as Bpeciall Warrants, Licences to ail Intents and purposes. OATHES, Whereas you are Chosen and appointed by the Governour and Councell, Established under his Royall Highness the Duke of Yorke to be a Justice of the Peace over the Jurisdiction of theLAWS OF THE COLONY OF NEW YORK. 67 W, N, E, Riding of yorkshire upon Long Island, You do Sweare by the Everliving God, that you will truly Endeavour, tô the best of your Skill, with a good Conscience and according to the Lawes of this Goveranent, Dispence Justice Equally and Impartially in ail Cases and to ail persons whereunto by virtue at vour Office you are impowered. So help you God. Whereas you are Chosen and appointed by the Governour and Councell, Established under his Royall Highness the Duke of Yorke to be High Sheriffe for this présent year, 166—. Over Yorkeshire you do Swear by the Everliving God, that you will discharge the Trust reposed in you, with a good Conscience and diligence and without partiality to Persons, you will by your Selfe or your Sufficient Deputv Issue forth ail such writts, Serve Attaehments, Executions, Judgments as properlly belong to your Office, and punctually observe ail warrants to you directed from any Court or Superior Authority of this Goverment, you will froau finie to time Call the high Constable of each Riding to an Accompt for ail fines, Levies, Assessments and ail other publique Moneys in their hands, and returne the names of such as fail in their Duty to the Governour and Councell using your best Endeavour for the Collecting and bringing the said Sûmes to the Governour and Councell at Now York, you will also render yearly a true Accompt and make good payment thereof, And will in ail things behave yourselfe according to the quality of your Office, and the trust reposed in you So help you God. Whereas you are Noaninated and Confirmed by the Governour & Councell under his Royal Highness the Duke of York, in the Office of high Constable within the Jurisdiction of N, W, E, Riding of Yorkeshire upon Long Island, you do SwTear by the Ever living God, That you will discharge the trust reposed in you, with a good Conscience and diligence in ail things w7here- unto you are empowrered by Law; you will fully execute and per- forine ail manner of writts Summons, warrants, or the like, winch shall be to you directed from the Governour and Councell, the Justices of the Peace within this Riding or the high Sheriffe of Yorkeshire, you will diligently and truly take the accompts from each petty Constable and them deliver to the high Sheriffe with the name of the Constable or Constables as Shall fail in their Office in not Collecting and bringing to you such snm or sums as are due to the publique, within their Respective Towuies So help you God. Whereas you are Chosen in your Towne, and Confirmed by the Justices of the peace of the East Riding to be Constable of East Hampton Towne for one year, and untill another bee Sworn in your place, you do Swear by the Everliving God That you will care-68 LAWS OF THE COLONY OF NEW YORK. fully endeavour the preserving of the peace and the discovery and prévention of ail Attempts against the same you will duly Exécuté ail Speciall warrants winch shall be sent unto you froni the Governour and Councell Established under his Royal high- ness the Duke of Yrork and faithfully Exécuté ail such warrants and Orders of what nature soever from the Courts Established by Law with your utmost care and diligence Impartially you will faithfully and With what speed you Can Levy ail such fines Rates and Sûmes of Money, due to the publique, in such moneys or Goods valuable for which you shall hâve Sufficient warrant; rendering accompt thereof and the defaults to the high Con- stables and with like faithfullness, speed and Diligence wrill serve ail Attachments Executions, distresses in private Causes, Betwixt party and party according to the Sentences of Court, and make returns thereof duely where they are returnable into the same Court, And further you will frequently, Advise and Counsel with, and when any différence ariseth, within your Towne and limita by small Actions or otherwise as is by lawT appointed, you will Assemble a convenient Number of the Overseers of the Towne and Limita to sitt as a Towne Court, for the Hearing, détermination or Composing ail matters pertaining to your Cognizance. And in ail things behave yourselfe, as becomes the Office of a Constable and your duty to the Lawes of this Goverment, So help you God. Whereas you are Chosen and appointed an Overseer in the Towne of Southampton you do Sweare by the Everliving God that, that you will faithfully and diligently discharge the trust reposed in you, in Relation to the publique and Towme affaires, according to présent Lawres Established, without favour affection or partiallity to any Person or Cause which shall fall under your Cognizance as an overseer, And at time, wrhen you shall bee required by your Superiours to Attend the private différences of Neighbours, vou wûll Endeavor to reconcile them, And in ail Causes Conscientiously and according to the best of your Judgment deliver your voyce in the Towne meetings of Constable and Overseers So Help you God. You do Sweare by the Everliving God; That you will Con- scientiously deliver your Verdict in the Cause, betwreen A, B, and C, D, in this Court; According to the Evidence given you, and the Lawres of this Government, So help you God. You do Sweare by the Everliving God; That you will Con- scientiously trv and truly deliver your verdict Between our Soveraigne Lord the King, and the Prisoner att the Barre According to your Evidence, and the Lawes of this Goverment, So help you God.LAWS OF THE COLONY OF NEW YORK. 69 You do sweare by the Everliving God, that the evidence you shall give into this Court, Concerning the Cause or Person tiow in question, shall be the truth, the whole truth, and nothing but the truth; So help me God, Whereas you are Chosen Apprizer of such Goods Lands HouseS or Cattles which are now under your Considération you do here Sweare by the Everliving God, That ail partiality, pré- judice, or any Sinister respects laid aside; you will Apprize the same, and every part thereof according to the true value thereof at the prise now Currant according to your best Judgment and Conscience So help you God. Whereas you are Chosen and appointed Marshall for this Jurisdiction; you do Sweare by the Everliving God to be true and faithfull in your Office, not to suffer wittingly or willingly any Prisoner committed to your Charge to Escape, nor to sett any Prisoner at Liberty without a Legall wrarrant for his deliveranee, as also that you wili not exact Extravagant prices, but conform your Selfe to the Rates allowed for the Lodging and dyat of Prisoners without fraud or corruption So help you God. Whereas you are Chosen and appointed viewer of pipe staves, within the Towne of ------------' you do Sweare by the Everliving God, that at ail convenient times whilest you shall be in place, or shall be required to Exécuté your Office you will duely and diligently attend the same and without favour Affection or Corruption Sort ail Pipe Staves presented to you rejecting such as are not Merchantable, and make a true entry thereof according to Law, Soi help you God. You do sweare by the name of the Everliving God that in the office of a Surveyor, vou will according to the best of your skill and abilitys, diligently and faithfully discharge the trust Commited to you, without fraud or corruption So help you God. You do Sweare by the name of the Everliving God That in the Office of a publique Notary, you shall demeane your Selfe diligently and faithfully, according to the duty of your Office, And in ail writings, Instruments and Articles that you are to give Testamony unto, Tvhen you shall bee required; you shall performe the same truly and sincerelv according to the nature thereof without delay or Covin, And you shall Enter and keep a true Regester of ail such things as belong to your Office So help you God. Whereas you A, B, are Chosen Packer of Beefe, Porke and other things for the Towne of...........you do herebv Sweare by the name of the Everliving God, that you will well and truely Pack ail Beefe, Porke and other things when you shall70 LAWS OF THE COLONY OF NEW YORK. be thereunto required, ycu shall Pack no kinde of Goods but sucli as are good and Sound nor any Goods in any Caske, tliat is not of a Just and full Gage; you shall also sett your particu- lar marke upon ail Caske Packed by you; And in ail things proper to the place of a packer you shall faithfully discharge the sanie from time to» time, according to your best Judgment and Conscience, So help you Gcd. You being Admitted of the Oouncell of the Gouverneur under his Royall Highness the Duke of Yorke within these Territoryes Comprehended in his Majesities Letters Patents, do Sweare that you will to the best of your Judgment, and at ail times freely give your advice to the Governour for the good Manage- ment of the Publique Affairs of this Government, and that you will not Reveale directly nor Indirectly such matters as shall be debated in Councell, or committed to your Secrecy but will in ail things be a true and faithful Councellour when you are thereunto required, So help you God. PRECIDENTS AND EORMES. To (A B.) of C, Carpenter, you are required to appeare at the next Court holden at D, on the Day of the Moneth of..... next ensuing, to> answer the Complaint of E: F: for withholding a debt of........Due upon a Bond or Bill, or for two Hoifers and Sould unto you by him, or for worke, or for a Trespasse done him in his Corne or Hay, by your Cattle cr for a Slander you hâve done him in his Name or for striking him or the like, and hereof you are not to fail at your perill; Dated the day cf.......the Moneth, and the year of our Lord. To the Justices, high Sheriffe, under Sheriffe high Constable, Constable of (B), or their Deputyes you are required to attach the Body and Goods of (G. H,) and to take Bond of him to the value of with sufficient Surety or Suretyes for his appear- ance at the next Court holden at (S,) on the day of the Moneth of Then and there to Answer the Complaint of (T M,) [The words “for Attachaient” here occur in Roslyn copy.] &c. as before and to make a true Returne thereof under your hand Dated the Day &c. Know ail men by these présents that we (A B,) of C yeoman, and (O P,) of the same Carpenters do bind ourselves, our heires and Exécutons to (R F,) high Sheriffe or (M O,) Constable of D : aforesaid &c. in pounds upon Condition that the said (A B,) shall personally Appeare at the Next Court of S to Answer (L M) in an Action of and to abide the Order of the Court therein, And not to départ without Lycence.LAWS OF THE COLONY OF NEW YORK. 71 The Justice, high Sheriffe, under Sheriffe high Constable Con- stable of or their Deputyes you are hereby required to Replevin three Heifers of (T P,) now distreined or Impounded by (A B,) and to deliver them to the said (T P,) Provided he give Bond to the value of with Sufîicient Surety or Sureties, to Prosecute his Replevin at the next Court, holden at B, and so frein Court to Court till the Cause bee ended and to pay such Cost and Damages, as the said (A B.) shall recover by Law against him, and So make a true returne thereof under your hand Dated: &c. [The markes for horses are omitted from Roslyn copy.] The Markes for Horses of Every Towne upon Long Island. A East Hampton K West Chester. B Southampton L New Towne C Southold M Bushwick D Seatalcott N Brookland E Huntington O Fiat Bush F Oyster Bay P Fiat Land G Hempsteed Q Utricht H Jamaica R Gravesend I Flushing FINIS. . [The following recommendations are not, in Roslyn copy.] HAVING received Information that at ye late Sessions held in the Severall Ridings of Yorkshire upon Long Island divers inconveniences were found in sorne particular Lawes and other things needful to be incerted therein hâve beene omitted; I hâve thought fitt to Send unto you these following Amendments and additions which you may Communicate for the présent to the Severall Towns within your riding and at the Assizes they may reçoive further Confirmation or alteration as shall be found most Expédient. I do recommend unto you that to prevent the trouble of to frequent holding of towne Courts, a Court may be held in each respective Towne at some Convenient certain tyme either once in two three or four weekes as you shall Judge most fitt; And if any one shall desire to Call a Court any other tyme that he pay for the trouble and charges thereof as it shall be reasonably adjudged by the Court. That henceforth the payaient of the Jurymen and witnesses who shall attend the Court of Sessions or Assizes be from the tyme of their going from home to their returne, That a witness shall be allowed 2s, per diem where he gave in his evidence voluntaryly or being served by subpena. That the general72 LAWS OF THE COLONY OF YEW YORK. trayninge appointed for the townes of the East riding (In regard of their distance) be respited till furtker order. That the Towne of Huntington and Oyster bay (though of several ridings) may joyne in Compleating their Company of foote, but the Captain and Lieutenant are not both to be of the same Towne. That in regard of the distance of the Inhabitants of Nortk Sea from the towne of Sôuthampton (to which it doth belong) tliere be a deputy Constable appoynted with power to keep his Majes- ties peace and to execute such warrants and orders as hee shall receive from his Superiors. That In regard the Condition of distracted persons may prove of publique Concerne, and for that it is to greate a burthen for one Towne allone to beare, It may bee taken into Considération at the Assizes whether the other towrnes of that riding ought not to Contribute to the Charge, and as Care may then be taken therein for the future so some way of Satisfaction may be thought on for extraordinary trouble past; upon the like account. That noe fine ought to be imposed or levied on a persons Estate who is not in his sences, And whereas a fine hath binn levied upon one of the Inhabitants of East Hampton who is in a distracted Condition wThich fine wras formerly ordered by Mr. Winthrope to be returned, The Justices or the officers of the Towme are to take Care the said order be performed. That the Constable of each Tow ne During his office may fur- nish the Indians w ith such quantity of powTder as may be thought necessary for their killing of wTolves and provisions, And also may permit them to hâve theire gunnes mended the said Con- stable giving an account of what is so furnished and permitted by him to the Indians at the next Sessions. That the peculier Lawes and Constitutions of sundry townes wfithin your Riding w-hich are now allowred to be of force amongst them (as w ell such as were made before the publique Lawres were declared as since) be brought in at the next Assizes there to receive Confirmacon or alteracon or amendment. That for the greater ease of the Constables of the East Riding in the execution of their Office (their Towrnes lieinge so remote one from another) the said Constables may be excused of their attendance at the Sessions, Provided one of the Overseers from each Towme wfio shall be nominated of the Jury do give attend- ance in his place wûth the Staffe of the Constable. That wffiereas it is ordered in the Laws that noe man shall sell a less quantity of Liquors than a Quarter Cask wdthout a Licence &c: It is to be understood that noe man is hereby hindered for buying for his ow n private use any quantity of Liquors provided he do not sell by retaile w ithout a Licence.LAWS OF THE COLONY OF NEW YORK. 73 Tliat Whosoever (being duly elected) shall refuse to serve as an Overseer shall pay the saine fine as is appointed for a Con- stable refusing to serve in his office. That Whosoever shall be nominated to serve in a Jury witli- out Just Cause showen shall refuse it he shall forfeit twenty shillings towards the defraying publique Charge which is to be Levied by the Constable. That if any person within this Goverment shall commit burgulary by breaking up any dwelling house or shall robb any person in the field or hiewayes the person offendinge shall for the first offence be 'branded on the forehead for the Second offence he shall be branded as before and Severely whipped and for the third offence he shall be put to Death. If any person shall robbe any orchard or Garden or shall steal away any linnen Woollen or other goods left without dores he shall pay treable Damages or be whipped. If any one shall steal froni another any Coyne, goods, or Chattels to the value of ten shillings or upwrards he shall be whiped or pay such a fine as the Court shall Judge to sattisfie ail Damages with Costs and Charges of Court, and it Is also left to the Discression of the Court to appoint smaller matters or punishments for smaller offences of that kind. That the Constable by warrant frora a justice of the peace may make search in any house or place suspected both for the offender and the goods stolen, and whosoever having his goods stolen shall privately receive theni and shall not legally prose- cute the offender he shall forfeit to the publique use the goods received or the value. RICHARD NICOLLS. To the Justices of the peace High Sheriffe and ail other officers both military and Civill in the East Ri- ding of Yôrkshire on Long Island. [The titles and notes of alterations which are here inserted in brackets at the beginning of paragraphs, are in the margin, in the original.] SOME Alterations Amendments and Additions made in the Lawes and confirmed att the Generall Assizes held in New Yorke the 28th and 29th Dayes of September and the 2nd, 3rd and 4th Dayes of October 1665. [Absence. This to bee written in the place of that in ye Booke nnder ye first head.] If any Justice of the peace or high Constable shall be absent from the Sessions held within that Rideing where hee Inhabitts, 1074 LAWS OF THE COLONY OF NEW YORK. op from the Generall Court of Assizes, he shall pay for every Dayes absence, tenn pounds, And every Petty Constable for eacb Default shall pay five pounds, unless one of the Overseers who shall be nominated of the Jury Doe give attendance on the Court in his place, with the Constables staffe Provided [“ after ” is also” in Roslyn copy.] after that it shall be Lawfull for the Justices of the Bench to discharge any Constable from his appear- ance, if they thinke fitt. [Acoons. This to be written- in the place of ye 2d. clause of this head.] In ail accons of what nature soever not exceedinge the value of five Pounds between Neighbours, Arbitration of two indif- ferent Persons of the Neighbourhood shall be tendred, which persons are to bee nominated by the Constable of the place before it be brought to a Towne Court and if eitlier or both parties shall refuse (upon any pretence) to stand to arbitration Then the Court shall Détermine the Case If above the value then the next Justice of the Peace upon the Complaint of the party shall propound Arbitration to both Parties and if they accept thereof the Justice is to nominate the Arbitrators But if either Party refuse, Then the Justice is to give fourth his warrant as the Action requires. [This in the place of the third clause.] In ail différences under five pounds not tryable in Sessions the Constable is to hâve one shilling for nameing Arbitrators to whom if the différence be referred, they shall hâve two Shil- lings and Sixpence eaeli, If the Action is brought toi the Justice, he shall hâve two Shillings Six pence for nomination, And the Arbitrators hee appoints two Shillings Six pence each. [These addicons are to follow under the same head.] That to prevent the trouble of two frequent houlding of towne Courts a Court may be held in each respective Towne at some Convenient certain tyme either once in two, three, or four weeks as shall bee adjudged most meete, And if any shall desire to Call a Court any other time that then hee pay for the Charge and trouble thereof, as it shall be reasonably adjudged by the Court. In Towne Courts the Constable and Overseers are to give their judgment by the Major Vote, where six with the Constable, or Seaven in his absence, are Competent [“ Competent ” is “ Com- pleate ” in Roslyn copy] and équivalent to a Jury, and the Con- stable upon equall Division, is to hâve a Casting voyce. The fees belonginge to the Towne Courts shall be halfe of what is allowed at the Sessions, as the fees of the Court of Sessions are halfe of the fees of the Assizes.LAWS OF THE COLOXY OF XEW YORK. 75 Titles of Land as well as other accons are to be tryed in Sessions unlesse being above tlie value of 20£. they shall beo Ordered to bee tryed att tlie Assize by tke Governour’s Speeiall warrant. Any Accon of Debt &c. above tke value of 20£. may likewise bee tryed at tke Assizes by Speeiall Warrant from tke Gcvernour. Tkose tkat live att a great distance frern Courts, are to kave tke keads of tke plts Déclaration, left at tke Place of tkeir Abode as well as tke Summons before tke tryall, eigkt dayes. Wkere tke Originall Point [“‘Point77 is “‘Plaint7’ in Roslyn copy.] is niatter of equity tke proceedeings skall bee by way of Bill and delivering in Answers upon Oatk and by tke Examination of witnesses, in like manner as is used in tke Court of Ckancerie in England, And due regard must be kad tkat tke Défendant kave timely notice tkereof, as is appointed at Comrnon Lawr; wkick is eigkt dayes warning before tke Court skall sitt. [Administracon. Tkis to bee tke last clause.] Tkat ail Originall Wills after haveing beene prooved att tke Court of Assizes or Sessions and returned into tke Office of Records att Xew-Yorke skall remaine tkere, and tke Execu- tors Administrators skall receive a Coppie tkereof, witli a Certificate of its being allowed and attested under tke Seal of tke Office. [Tkis amendment to be in ye second clause.] Administration may be granted by the Court to any Person, tke Second Sessions, but to widow or Child, Brother or Sister immediately. [To corne in Betweene tke otk and 6th clauses.] A (Quietus) is to be procured witkin a yeare and six weeks after Administration is granted or a will prooved. [Appeale. Tkis and tke next to corne in before tke last clause.] Ail Reasons of Appeale as well as Déclarations are to be delivered into tke Clarke of tke Assizes or Sessions, eigkt Dayes before the Court sitts. Tke Security to be given for prosecuteinge of appeales, shall be taken by tke Court tlie party appeales from, and for tke prosecution of any otker suit at tke Assizes Security shall be given to the Clarke of tke Assizes. [To be in ye place of ye last clause.] Ail appeals are to bee made by way cf Pétition to the Gov- ernour and Councell, and the Appellant shall pay tenn shillings upon the deliverie of his Pétition, over and above two Shillings76 LAWS OF THE COLONY OF NEW YORK. Six pence to the Clarke of the Assizes, for Entring of the Appeale.* [Appearance.] Tkese words (a Justice cf tke Peace) are to bee Added in the beginning of this clause (vizt) ît shall be lawfull for tlie plaintifïe or Défendant to take out a Subpoena from a Justice of the Peace, the Sheriffe, or under Sheriffe. [Apprizement.] That Wliereas it is said in the second Clause the Sheriff sliall removc the Goods, eut of the possession of the Plaintiffe &c. It is to be altered and written out of the possession of the Défendant. And wliereas it is therein also said the Execution is to bee returned by the Sheriff to the Clarke of the Sessions that Granted it, in stead of Granted it its to bee, that Signed it by order of the Court. [This to follow.] That the Persons who sliall be nominated and Chosen Apprisores of Gocds lands or whatsoever else, shall be taken in execution are to bee allowed fouer Pence per pound, for what shall be by tliern soe apprised whieh is to bee payed *by the party Cast in the suit and risen Accordingly. [Arrest.] The later end of the 4th Clause is to conclude thus (vizt) In wliich case also hee shall not be Arrested, but by speciall warrant. [This to follow.] Noe High Sheriffe or Justice of the peace may at any tyme grant a specill warrant But dureing the tyme of the sittinge of the Court of Sessions the whole Bench may grant it. [This to bee the conclusion of the 5th in the Booke.] Provided that the previledges belonging to the Corporation of the Citty of New York, bee not liereby infringed, But that it shall and may be Lawfull for any of the Inhabitants thereof to Arrest a Debtor in the said Citty, though the place of his abode shall happen to bee in any other Towne within this Goyerment and the person so arrested, to sue and Impleade in the Citty Court, any Law to the Contrary in anywise notwithstanding. [Assessments.] In Assessments add the words in the Parenthesis, in the first clause (riz) And every Inhabitant who shall not contribute (to ail Charges both Civill and Ecclesiasticall) Proportionably to the Rate so Assessed &c. [Assizes.] In the first Clause, its to bee written the Generall Court of Assizes &c.LA.WS OF THE COLONY OF NEW YORK. 77 [To follow wliat is alreadie written in tlie Booke.] A Court of Assizes may also bee Called at any tyme (by speciall warrant) to heere and Détermine Civill Causes (that require a speedy dispatch) as wrell as Criminall. [Tbis likewise.] No other Processe shall Issue forth for tryall of Accons at the Assizes, But tke Governoures speciall warrant, Except in Cases of Appeale. [Bayle. Tliis to be in ye place of ye 4th clause.] To Bayle one not Bayleable is a négligent escape in the Justice, or in any other authorized to take Bayle. [Bill.] * To be added, (or on some other paper or parchment annexed to it.) [Bounds. This to be ye last clause.] Ail Lands, Pattents and Bounds and limits of Townes are to bee Recorded in the Office of Records at New Yorke as well as in each Particular Towne, and at the Sessions. [Capitall Lawes. This to follow ye llth clause in ye Booke.] That if any Person within this Goverment shall commit Burglary by Breakeing upp any Dwellinge House, or shall Robb any Person in the field or highwayes, the Person so offending shall for the first offence, bee branded on the forehead, for the second, hee shall be branded as before, and severely whipt, and for the third offence hee shall bee putt to Death. [The 3d following clauses to corne in before Adultery.] If any Person shall Robb any Orchard or Garden, or shall steale away any Linnen, wollen or other Goods left without doores or shall wilfully deface or spoyle any Dwelling House, or out House or any part thereof, or any thing belonging there* unto, he shall Pay treble Damages or bee whipt. If any Person shall take from an other, any Corne, Goods, or Chattles to the yalue of tenn shillings or upwards, he shall be whipt, or pay such fine as the Court shall adjudge, to satisfy the Damage, with the Costs and Charges of Court, And it is also left to. the Discrétion of the Court to approint smaller Mulets or Punishments for smaller offences of that kinde. That the Constable by warrant from a Justice of the Peace, or upon sudden occasion without warrant (hayeing with him the staffe of His office,) may make search in any House or place auspected both for the offender, and for the goods stolen, And whosoeyer haying his Goods stolne, shall privately reçoive them and shall not legally prosecute the offender he shall forfeite to the Publique use the Goods so received or the value.78 LAWS OF THE COLONY OF NEW YORK. [This to be ye last save one in ye Booke.] In Cases of Adultery ail proceedings shall bee accordinge to the Lawes of England whicli is by Divorce (if sued) Corporall punishment or fine and Imprisonment. [Cattle, etc. This to follow ye 4tli clause in ye Booke.} Ail those who shall hâve their Cattle markt, with the Towne marke, shall pay to the Officer that markt them, two pence per head. [This to corne in before ye last clause.] That it shall be left to the peculier Lawes of Towne- shipps to allow what more they shall thinke fitt, to give for the Impounding of Cattle, than herein is exprest. [Causes. The first clause in ye Booke to be last and this to bee put in its place.] The Charge of each Cause shall bee as followeth (vizt) Every Cause of or under five Pounds shall pay two shillings six Pence, (roui five Pounds and under tenn Pounds, five Shillings, from tenn Pounds, and under twentv Pounds, fifteen Shillings, from twenty Pounds and under forty Pounds twenty Shillings, And for every tenn pounds more above forty Pounds two Shillings Sixpence; That money so Levied is to go towards the defraying of Court Charges. [Church. This to follow ye first clause in ye Booke.] That su ch Churclies shall be built within three years, after this assizes, to wThich end a Towne Rate may bee made to begin this yeare. [Church wardens. This to be ye last clause.] That the Office of the Churchwardens aforementioned is to be performed by the Constable & ail the Overseers who are to take the like care as is required of the Churchwardens. [Charges Publique.] That the Second Clause in Charges Publique bee left out of the Booke. In the third Clause, warrants are *to bee Issued by the High Sheriffe to the High Constable of each Riding who shall send warrants to the Constables &c. In the 5th. 7th. 8th and 9th Clauses the High Constables name is also to bee incerted to act betwTeen the high Sherifi! and the Constables. [Constable. This & that which followes to corne into the Booke before the last clause.] The Constable of each Towne dureing his Office may furnish the Indians with such quantity of Powder and shott as may be thought necessary for their killing of woolves and provisions,LAWS OF THE COLONY OF NEW YORK. 79 And also may permitt tliem to liave tlieire entire Gunne mended; the said Constable to give an accompt of what is so furnished and permited, by him to the Indians at every Sessions. That in regard of the distance of the Inhabitants of Northsea, froin the Towne of Southampton (toi which it doth belong) there be a Deputy Constable appoynted with power to keepe his Majesties peace, and to execute such warrants & orders as hee shall receive from his Superiours. [This to bee ye last clause.] That whosoever (being duly elected) shall refuse to- serve in the office of a Constable, hee shall forfeite for his refusall, the sumnie of five pounds, towards the defrayinge of Towne Charges. [Courts. This to be ye last clause.] Mémorandum, that noe warrants are to bee Issued by the Clarke of any Court, but in the name of the Court. [Distracted Persons. This a new head & is to corne between Defamation & Dowryes.] That in regard the Conditions of distracted Persons, may bee both very chargeable and troublesome and so will prove too greate a Burthen for one Towne alone to beare, each Towne in the Rideing where such person or persons shall happen to bee, are to Contribute towards the Charge which may arise upon such occasions. [Fees.] The Justices fees for nominatinge Arbitrator is to be altered from 7s. [“ 6d.” here occurs in Roslyn copy.] to1 2s. 6d. [To follow court fees in ye Booke.] Court fees, are either to bee payed to the High Sherreife, or the Clarke of the Assize, or Sessions who are to bee accompt* able for them. Ail Court fees are to bee levyed by distress or put into the execution with the Debt and so risen. [This is to be amended in ye Booke.] The Clarke of the Sessions shall hâve for the entry of each accon for tryall two Shillings sixpence, whereas as it was before but one Shilling. [To bee added to the sherieffes fees.] The Sherreifes fees in Appeales shall bee the same as in other Accons. [Horses and Mares.] The proviso for liberty of transportation of Mares shall con- tinue three years longer then the tyme formerly allotted, and (if found convenient) at the expiracon thereof may bee con- tinued for a longer tyme.80 LAWS OF THE COLONY OF NEW YORK. [Inn keepers.] That Inn keepers or Ordinary keepers, shall not bee obliged to put any perticuler quantity of Mault into their Beere; but they shall not sell theire Beere aboyé twoi pence the quart, nor any Liquors aboyé twelye Shillings the Gallon, under the penalty of twenty Shillings for each Gallon, so Sold, Pro- vided alwayes, and it is to be understoode, that noe man is hereby hindered from buying for his owne priyate use, any quantity of Liquors, And it shall and may bee Lawful for any Person, to sell such quantity to him, so that hee doe1 not sell it againe by retaile without a Licence. [This to follow ye second clause in ye Booke.] That if any Complaint bee made to the Officers of a. Towne, against selling of Liquors att two unreasonable, and extra- ordinarie rates, by Ordinary keepers, or others, they haye power to giye redress therein. [Jurors. This to- follow the 3d clause.] That the payment of Jurymen and witnesses, who- shall " attende the Court of Sessions or Assizes shall bee from the tyme of theire goeing frcm whom to their returne. [This to followe.] That whosoeyer shall bee nominated to serye in a Jury and without Just Cause showed shall refuse it, he shall forfeit * twenty Shillings, to-wards the defrayinge of Publique Charges, which is to be leyied by the Constable. [This to be ye latter end of ye last clause saye one.] And the Court upcn Occasion is to Judge of other Just exceptions against Jurors besides kindred. [This to be ye 3d clause.] The Justices of the Peace, High Sherreife or under sherreife may grant Repleyine ex Officio. [In ye last clause in ye Booke.] Whereas it is said Justices may présidé in Towne meetings it is to be written in Towne Courts. [This to be ye last clause.] Every Justice of the peace, shall hâve allowance of Twenty pounds per Annum to bee payed out of the publique Rates, towards the defrayinge of theire Charges, oyer and aboyé what may arrise out of the fines & Amerciaments not otherwise disposed of. [Lands. This to. corne in the 2nd clause after ye words (Présent posessor or right owner).] To the end ail former Purchases &c: ail persons whatsceyer who hâve any grants or Patents of Towneshipps, Lands or Houses, within this Goverment shall bring in the said GrantsLAWS OF THE COLON Y OF NEW YORK. 81 or Patents to tlie Governour and shall hâve them Renewed by Authcrity from his Royall Highness the Duke of Yorke, before the beginninge of the ne if Court of Assizes. [This to bee put in the 4th clause.] That every Purchaser &c. shall pay for every hundred Acres as an acknowledgment two Shillings and Six pence. [Mariage. This to bee ye last clause.] Ail Persons to bee accompted of fitt âge to Marry, when the Man shall attaine to the âge of twenty-one, and a Woinan of Eighteene years. [Military Affaires. That clause in ye Booke is to be altered as this is, its the last save one.] Every trooper listed in any Troope of Horse shall keepe and maintaine a good Horse for service when required fitted with Saddle, Rridle Hclsters and Pistells, or a C-arbine and a Good sword under the penalty of tenn Shillings for the least default, [“ default ” is “defect” in Roslyn copy.] Neither shall any Trooper sell, or change his horse, and leave himselfe desti- tute, under the penalty of five pounds, And for non appearance upôn Dayes of Muster and Exercise, tenn Shillings a day, Neither is it Lawfull for any listed Trooper to disband himselfe (But wTith leave from his Captaine) under the penalty of fifty Shillings. [Overseers. To followe ye latter end of ye first clause next after ye words (Sessions Ensuinge.] Or by any Justice of the Peace of the same Rideing, out of Sessions, the Oath appoynted fer Overseers being admin- istered unto them. [This to bee ye last clause.] That whosoever (being duly elected) shall refuse to serve as an Overseer shall pay the same fine, as is appoynted for a Con- stable refuseinge to serve in his Office. [Pounds, Prisons, &c. This & ye clause followinge to bee added to what is alreadie written in ye Law.] That the Justices of the Peace of each Rideinge shall Cause a peece of Ground to bee layed out in the same Towne where the Sessions shall bee kept, whereon shall bee built a Towne House, and Prison which are to bee erected before the next Assizes, for the defraying the charges whereof, a Rate is to be made throughout each Rideing at the next -Sessions. That Pounds and Stocks, shall be Provided in each Towne, by the next Sessions, under the Penalty of forfeiting forty Shillings for each Towne. [Sherreife. This to be ye last clause save one.] That the High Shereife from year to year is a Justice of the Peace by Yirtue of.his Office. 1182 LAWS OF THE COLONY OF NEW YORK. [Towneshipps.] The last Clause of Towneshipps relating to accions begin- ning where it is formerly expresst &c. shall be left out. In the Second Clause Towne Meeteings are to bee written Towne Courts. Whereas it is said the Peculier Constitutions of Townes, are to bee Conümied within fouer monthes &c. it is to bee written at the next Court of sessions. [Witnesses. What foliows in ye Booke; this clause is to be left out] Every Witness in any accon may require due to him from the party att whose suite hee appeares two Shillings per Diem for every Dayes attendance, whether hee give in his Evidence voluntarily, or being served by Subpena, but unlesse a witnesse bee Served with Subpoena its in his Choice, whether hee appeares or not. [In the Roslyn copv this follows : And the Acknowledgment which shall bee reserved to bee paid for whales (or such like great ffish) cast upon the Shoare of any preeinct shall bee the ffifteenth Gallon. The goods of ffriends are by Warrant from the Governor and Councell, to bee restored to the Owners if any can bee found or Knowne. These Alterations, Amendments and Additions are Allowed of and Confirmed by mee, anything the Lawes formerly made to the contrarv, in anywise notwithstanding, Given under my hand at ffort James in New Yorke the 30th day of October 16fi5. Richard Nicolls.] [The following orders of the Assizes of Oct. 5, 1670, and October 7, 1671, are in the Roslyn copy, but not in the East Hampton copy.] Severall Ordinances made & confirmed at Generall Court of Assizes held in New Yorke beginning on ye 5th & ending ye 8th Day of October in ye 22th yeare of his Majesties Reigne Annoq Domini 1670. lst. Whereas Complaint has beene made that severall Indians at ye East end of Long Island do Truck for & buv horses of Christians for their owne use which in tyme may prove very dan- gerous & pjudiciall to his Majesties Subjects in these parts; It is ordered by this Court that no Indians wdthin this Govern- ment shall be permitted, to buv or keep any horses & if anv hâve beene formerly bought by or sold to them, The Officers of each Respective Towne & plantacon more pticulerly those at ye East end of Long Island are to make enquiry hereof & causeLAWS OF THE COLONY OF NEW YORK. 83 such Pson or Psons as hâve sold any Horse Mare or Colt unto je Indians to take them back againe & give other satisfaction to them Equivolent witli their Contract. And if anyone shall hereafter présumé to breake this Order ye Horse Mare or Colt so sold as aforesaid shall be forfeited to ye Pson that shall first give Information & make proof thereof, & ye Pson offending shall pav as a fyne To his Majestie ye Sume of Ten pounds over & above his Returning satisfaction to ye Indian or Indians to whom he sold them. 2. Whereas It hath beene Represented to this Court, That ye breed of Horses upon Long Island is much fallen to decay by reason of ye great numbers 3f small under sized horses that run in ye woods, It is ordered That ye Lawe made :n this Corporation touching ye breed of Horses upon ye Manhatans Island be Recomended to ye Severall Towns upon Long Island, & that like- wise as soone as convenientlv it can it be put in Execution. 3. That ye Fees of Constable & Overseers in Towne Court, be RegulateÜ by ye Laws in such Cases Establisht. 4. That ye Prices of Corn to be paid in ye Rates do remaine for this yeare ensueing as thev hâve beene ye two preceeding yeares, for that a due Estimate cannot be made of what is requisite to be done therein untill ye old & New Sheriffe hâve brought in and Pfected their Accounts, ye which they are hereby strictly required to doe without anv further or longer delay. 5. Whereas it is appointed in ye Laws Establisht within this Government, That ail wills & Administracons Upon ye Estâtes of ye Deceased, having beene first proved & admitted in ye Court within whose Jurisdiction ye person doth happen to dye, shall be returned unto ye Office of Records in ye ffort at New Yorke, & being there Recorded Certificate thereof to be made, It is Ordered That ye Law in that Case provided be attended and Observed as vell within ye Citty of New Yorke as other pts of ye Government any other Custome to ye contrary notwithstanding: 6. That ye Law for Recording of Deeds be put in Execution and ye penaltyes of having ye benefitt of Priority, if a later Deed shall be first recorded. 7. That ye order concerning Transportation of Deere Skins made at ye Last Court, of Assizes do remain in force till ye tyme lymitted do Expire & no longer. 8. That ye Laws concerning marriage bee strictly observed, ye breach whereof ye Officers in each respective Towne are to take notice, & returne an Account to ye Courts on wThich they dépend, & if any Pson hath already beene, or hereafter shall be fvned for Contempt or disobedience herein, ye fynes are forthwith to be levved by ye Sheriffe who hath hereby sufficient authority to do je same.84 LAWS OF THE COLONY OF NEW YORK. 9. Whereas at ye Generall Court of Assizes held in ye yeare 1666, It was ordered that ail Townes or private Psons who held Lands or Houses within this Government, by Graunt or Patent from ye West India Company or any of ye Dutch Governors or upon pretence of purehase or Patent from any other Pson or Psons whether Indians or others should hâve them Renewed or Confirmed by ye Governor and ye Authority of his Royall Higln nesse within a certaine tyme prescribed and ye penaltye in ye said Law sett forth, In obedience whereunto ail Townes upon Long Island hâve had new Patents Except ye Townes of South Hampton Southhold and Oysterbav, who upon some Nicetyes or pretences hâve hitherto delayed to do ye Same, This Court doth order that ye said Three Townes do give in their Reasons to ye Governor in some short tyme upon what Account they do refuse or delay to do ye Same, contrary to' ye Generall Rules & Orders Establisht, à in ye meantvme that ail their Deeds of purehase Grants or Patents not confirmed as aforesaid shall be lookt upon as Invalid to ail Intents & Pur- poses as is in ye book of Laws Specifyed. 10. That ye Officers of ye Severall Townes to whome Warrants shall be i-ssued forthe by ye High Sheriffe to bringe in ye valuations of their Estâtes by a Certaine Tyme doe duely observe ye Same And ye penaltyes of a fyne to be Imposed upon them by ye next Court of Sessions or Assizes, 11. That ye Military List of ye Respective Townes within ye Government be returned in by ye Militarye Officer to ye Gov- ernor once every yeare, ye tyme to be at or before ye 29th of May and ye penalty of a fyne to bee Imposed by ye next Gonrt of Sessions or Assizes. 12 That ye Traynings be likewise observed as in ye Law is prescribed, of which an Account is to be given to ye Court of Sessions under ye like penaltyes. 13. That ye Law for perambulation of ye bounds & lymitts of ye Towms be diligentlv attended under ye penalty in ye Laws prescribed, of which an Account is to be given to ye next Court of Sessions. 14 Whereas divers Complaints hâve beene made of ye great abuse of bringing Dead Hogs & Porke into this Citty, & it being not discernable how longe they hâve beene killed by reason too often brought frozen, & so not Capable of preserving by Sait which tends much to ye disreputation of that commodtye w7hen sent abroad, & of ye Merchants who Expose it into warmer Clymates, For ye Reasons aforesaid, It is therefore ordered, That no Hogg or Hoggs shall be brought dead to this place either for Sale or payment of debts, Except it shall be in Caske wellLAWS OF THE COLONY OF NEW YORK. 85 Salted & Packed according to ye Lawe, otherwise Smoakt or dryed, of wkich ail persons are to take notice as they will Answer ye Oontrary at tkeir perill. 15. Whereas ye works and Pallisadees about ye Fort in tkis Citty are very much fallen to decay, & it is found requisite & necessarye for ye safety of ye place & govemment that Sonie Reperations shall be ruade tkereupon in ye Springe, It is Ordered, Tliat a Contribution or Levye bee risen towards ye affecting thereof, in each of ye Rydings upon Long Island And ye Justices of ye peace at ye next Court of Sessions are to Consider both of ye proportion & manner of Rating it, whereof they are to make report to the Governour. 16. Whereas Severall Townes upon Long Island hâve made^ Complaint by way of Adresse of this Court desiring a Régula- tion thereof, That sonie Tsons who hâve Lotts of Land in their Towne do make severall divisions thereof, and sell ye Same to divers poor inconsiderable Psons, who though they hâve but a Small Phc of a Lott, yett Expect to give their Votes in Towne Courts equall with ye best freeholders therein, ye which in tyme may prove to ye destruction of ye place, in that it will corne to be governed by ye most & least eoncerned of ye Inhabitants, This Court doth thinke fitt to order, That each respective Towne so aggreived as aforesaid, do’ make their applications to ye Severall Courts of Sessions to ye which they do belonge who are hereby impowered, & authorized to give remedye herein. By order of ye Governor & Court of Assizes. Mathias Nieolls, Sec’y. Orders made & Confirmed at ye Genera.ll Court of Assizes held in New York beginning on ye 4th and ending on ye 7th day of October in ye 23th yeare of his Majesties Reigne; Annoq Dniin 1671. Whereas diverse Applicacons hâve been made unto this Court from ye Inhabitants of severall Towmes upon Long Island, representing ye great Abatement that hath happened in ye price of Horses & Mares between ye time that ye Lawes were Promulgated at Hempstead when ye first Assessment was Ordered, & their value at this présent time, Horses & Mares now yielding not above Halfe soe much as they were worth then & yet they are still rated alike, Concerning the wThich, They hâve some Redress; The Court haveing taken ve Prémisses into Con- sidération doe Order, In regard ye valluacons according to ye Law being already brought in, & no Provision made to supply ye Deficiency of ye Summe wThich by Conséquence will be wanting86 LAWS OF THE COLONY OF NEW YORK. if an abatement according to ye présent value of Horses & Mares should be allowed, that ye Rate for Horses & Mares as well as otker Matters shall for tliis présent yeare continue as heretofore; But in ye meantime think fitt that scme Proposalls be prepared against ye severall Courts of Sessions to be keld in the Month of June next, how to rnake the rate Equivalent if ye Peticoners Request shall be Granted; And ye Justices of ye peace ruaking Reports thereof to ye next Generall Court of Assizes, there shall be such Order taken therein as will be thought rnost requisite, tending to ye good and Welfare of ye Goverment. 2. Whereas severall Peticons hâve been presented to ye Governor as well from this City of New Yorke as many parts of Long Island, requesting that ye Prohibicon for ye Exportacon of Corne migkt be taken off & that they might hâve Leave to send & dispose thereof at their pleasure for their best Advantage, ye which was recommended by his Honor to ye Justices of ye severall Courts, of Sessions held in June last, to inquire into & give their Judgments concerning ye probability of plenty or scarcity of Corne this présent yeare (ye uncertainty whereof was ye prhnary Occasion of ye prohibition) ye which was accordingly done and Report thereof made unto ye Governour very satis- factory as to ye great Hopes and Expeetacon of a plentiful Harvest, Yet notwithstanding it being since experinientallv found that retayning such Gravne within the Government will prove to a Generall Good; inviting Strangers with Shipping in for Bread and Floure and ye price of wheat noe way abased, but be rather Augmented, soe consiquently can be noe préjudice of ye Inhabitants; The prémisses being seriously Debated & maturely taken into considération, the Court doth order that ye prohibition for the Exportacon of wheat in Gray ne, as also of meal as it cornes from ye Mill doe Continue untill ye next Generall Court of Assizes; And also that noe Person within this Government doe présumé to Exporte any Wheat in Grayne or Meale undrest as it cornes from ye Mill as aforesaid (without ye Governors Speciall Lycence under his hand and Seale for ye saune) under ye penalty of Confiscacon of such quantyes of Wheat or Meale as shall be mett with ail soe transporting, And noe Master of any Ship, Sloope Boate or Vessell shall take in any such Loading, under ye penalty of Confiscation of the said Loading as also of ye said Ship, Sloope Boate or Vessell soe Transgressing. 3. Whereas many complaints hâve been made, that notwith- standing ye publique Order of ye Government that ail Vessells or Boats Loden with Goods or Merchandize should make Entry of their Vessells & Loading, & pay such customes as are setled byLAWS OF THE COLONY OF NEW YORK. 87 Authority of his Royall Highness, & payable upon Customable Goods, ye which Orders are onely practised in this City, but neglected elsewhere; It is Ordered that ail Boats, Sloops or Ves- sells coming into or going ont of any of ye Portes upon Long Island, as well at ye East End thereof as in any other part doe make Entry of their vessells & Loading, & pay ye Customes and (as ye orders from ye Governor doe direct) unto sucli Officer or Officers as from time to time shall be appointed by ye Governor or ye Chiefe Officers of ye Customes into this place to take Oognizance of & receive the same; And that under ye penalty of forfeiture & confiscation of such Boate, Sloop; or Vessell When* soeyer they can be mett with, according to ye Lawes & Customes in such Cases proyided. 4. Whereas great Complaints hâve been made as well to ye Goyernor as unto this présent Court of Assizes, that many of ye Constables upon Long Island, and ye Clarkes of ye severall Courts of Sessions, notwithstanding ye strictness of ye laws in such Cases proyided, as also of seyerall Orders from the Goy- ernor reinforcing ye same, neyertheless divers of them hâve neglected to make up their severall Accounts with ye respective High Sherifîs, who» successively hâve been in that Employaient; in soe much as to this day They are thereby hindred, & dis- enabled from making up & clearing their Accounts as ye Law doth require, which proves a very great Dissatisfaction to ye Countrey in Generall as well as in perticular, to those who hâve according to their Duty performed their Trusts, yett lye under ye same Imputacon; It is therefore Ordered that ye Co;nstables of ye Severall Townes of ye North & West Ridings doe before ye next Court of Sessions to be held in December clear their Accounts with ye Sherifîs, or at ye said Courts of Sessions; And ye Constables of ye East Riding doe ye like before ye Court of Sessions to be held in Mardi next, under ye penalty that (in default thereof) their Estâtes be distreynd upon for ye same; And in case any of themj be dead, and hâve not left wherewith to give Satisfaction then according to ye law that ye Towns to which they did belong do make payment in their Stead. And it is likewise Ordered that ve Clarkes of ye respective Courts of Sessions do also Clear their Accounts with ye Sherifîs aforesaid by ye time prefixed or at ye said courts under ye penalty of loosing their employments & being distreyned upon For what they shall be in Arreare. By Order of ye Governor & Court of Assizes, Matthias Nicolls, Secry.88 LAWS OF THE COLONY OF NEW YOEK. It is ordered by ye Governor that ye Courts of Sessions to be held in ye Nortli & West Eideings this next Month of December shall bee for ye North on ye first Wednesday, & for ye West on ye second. Matthias Nicolls, Sec’r. [Ail of which follows is in the East Hampton copy only.] Whereas Severall LLplicacons and some Amendments in the Lawes are thought of présent necessity to bee made for the good, and to the Satisfaccon of the Countrey, I hâve thought fitt to Communicate the Same underwritten unto ycu, and to Authorize you to Act therein, as by yertue of this my Speciall warrant, Untill such time as they may bee further Enacted and Confirnied at the next Generall Assizes, Given under my hand this 26th of February 1665. KICHAED NICOLLS. If the High Constable shall hâve no publick business at the Assizes or Sessions he may bee Excused from his attendance by any Justice of the Peace of the Eiding to which hee belongs under the hand of the said Justice to bee produced in the Court. Ail Originall Debts or Trespasses must bee oDthe vallew of five pcunds or not tryable in Sessions. Matters of Equity under five pounds may bee Tryed in Towne Courts, and if under twenty at the Sessions. No Arrest is to bee made upon the Person of any one attend- ing the publique businesse at the Assizes whether hee bee Plaintiffe Défendant Witnesse Juror or any publick Officer. The Purchases cf Lands under the Value of thirty Pounds are not obliged to bee Eecorded at New Yorke. That whereas its said in the Lawes, that implanted Lands shall pay 2s. 6d. for every Hundred Acres, as an acknowledge ment to the Duke; Its to bee understood of Lands not formerly Planted. That the Payments for Publick Eates in ail Sorts of graine to bee acccrding to the Price at the time and Place where it is payable.LAWS OF THE COLONY OF NEW YORK. 89 Constables are to hâve a Competent allowance for the time tliey Spend in Searcking and enquiring after the Estate of tke Dead, to bee made by the Justice of the peace before whom hee shall take his Oath of the truth of wkat hee is to Deliver in Concerning the Estate. That two pence in pound Allowed to Constables for Attach- ments and apprizement of Goods is to bee understood lof Goods Distreyned. That the apprizers of the Goods of any one Dying Intestate, shall hâve Satisfaction Allowed them by the Court of Sessions, at the time of their nomination. That after the Rates shall be Levyed Publick Charges are first to be Defrayed. That it bee left to the Considération of the Justices of the Peace at the Severall Sessions in each Riding, whether two Sessions, and one Assizes, may not bee Sufficient for the busi- nesse of the Countrey, and what will bee the most Convenient Season for holding the Courts. Whether Mardi and June will bee most proper for the Ses- sions, and October for the Assizes. That the Sessions in the East Riding bee kept by turnes in the Townes of Southhampton and Southhold. That Wills and Administrations of Estâtes under the vallew of one hundred Pounds, are not obliged to bee Recorded at New Yorke. Wills to be proved and Administration granted in Sessions if the Estate bee under the value of one hundred pounds, shall pay one Shilling if one hundred pounds five Shillings and so proportionablj five Shillings for each hundred pounds, towards the Defraying Court Charges. That the Plaintiffe at the Èntring of his Action shall Enter into Recognizance to pay one Dayes Cost of a Jury for each Action that shall bee brought to bee tryed at the Sessions or Assizes. That whereas it’s said in the Amendments of the Lawes, That ail Graunts and Pattents are to bee brought in and renewed &c. Its to bee understood, that ail old Grants which are to bee brought in, are to bee Confirmed and returned to the Parties. And where no Lawfull Graunts are, or that thev bee Doubtfull, New and Legall Grants shall bee obtained. RICHARD NICOLLS. 1290 LAWS OF THE COLONY OF NEW YORK. ADDICONS Amendaient^ and explanacons of some tkings in tlie Lawes made and Conlirmed at the Generall Court of Assizes lield in New Yorke the 27th 28th & 29tk Dayes of September and the lst & 2nd Dayes of October Anno Domini 1666. That insteed of the Salary of 20£ per Annum formerly Allowed to the Justices of the peace, their Charges shall from hence- forth be bourne in their Attendante at the Court of Sessions or Assizes, as also ail other extraordinary incident Charges, about publick affaires, an Estimate whereof is to be given in and allowed of yearely att the Assizes. That the Justices of the Peace for the tyrne to corne are to pay their proportions to the Towne Rates to which they belong and are to bee excused onely from payaient s in the RaKs for publique Charges. That the présent high Sherriffe is to be continued in his office until the next generall Assizes at which tyme hee is to give into the Court, true and perfect accompt, of ail publique Receipts & Disburstments» provided that this shall no wayes Infringe the privilège in tlie Law allowed to the North & West Ridings, of haveing eacli-of them a Sherriffe in their Turnes after the expiration of the said tyme. That the high Constable and under Sherriffe in each Riding shall after the last dav in December bee dismissed and dis- charged, of their imployments when they are to Cleare up their accompts, with the high Sherriffe and the constable in each Towne are to collect this yeares Rate and ail others for the future, and what shall be Collected by them is to remaine in their hands untill, the high Sheriffe shall give order for the disposing thereof towards the payments of Publique Charges, which shall become Due within their Respective Towme Shipps. That the fees heretofore due to the high Constable and under Sherriffes shall bee added for this ~ear ensuing to the high Sherriffes fees. In the Absence of a Justice of the peace or where no Justice of the peace Résides, upon extraordinary occation the Con- stable, and Overseers, shall hâve power to bind over an offender to the next Court of Sessions or assizes and to take Suertyes for their keeping the peace, or Commit su ch as are guilty of the breach thereof to prison If they shall see Cause. That in Cases of Review at Sessions and appeale att the Assizes, new Evidences may be admitted of If the Court shall see Cause. That for the tyme to corne, there shall be held in each Riding but two Courts of Sessions in one yeare, the first to begin onLAWS OF THE COLONY OF NEW YORK. 91 the first, second and third wednesdayes in March, the later on the first second and third wednesdayes in June, and the Gen- erall Court of Assizes is hereafter to begin, upon the last wednesday in October. To the end their may bee an orderly way of empanneling of Juryes in any of the Courts of Sessions where the high Sherriffe Cannot bee présent, It is therefore ordered that the Clarkes of eaeh Sessions shall bring in a list of what Causes are entred for tryall for Juryes, three Dayes att least before the Sessions is to bee held to any two of the Justices of the peace of the same Riding who under both their hands are impowered by warrant, (with equall Capaeity as if the said war- rant were signed by the high Sheriffe,) to Summon a Sufiicient Jury or Juryes to attend the publique Service in the said Sessions. That in ail Cases to bee tryed, by Juryes at the Generall Court of Assizes the number of Jurors shall be Twelve but att the Severall Courts of Sessions, the same number is sufiicient, as already in the Law is sett forth. That the number of Overseers in eaeh Towne shall before the first Tuesday in november, next bee Reduced to foure, and whereas élection hath bene already made in the respective Townes of foure new overseers for this présent yeare, two of them onely shall continue in theire places, and the other tw7o shall be dismist, in like manner two of the old overseers, shall be dismissed, and the ,other two shall continue which choice of those, who shall keep in or be discharged of the imployment, shall be determined by the vote of the Major part of the Inhabit- ants of eaeh Towne. That the Constables and foure overseers shall for the tyme to corne, hâve to ail intents and purposes, the same power priviledges to act and to do in ail matters Relating to their Towne affaires, as heretofore was in the Law allowed, to the number cf eight, and that in Towne Courts the Constable and any two of them, hâve power to heare and décidé ail such matters as corne within their cognizance, as formerly the Con- stable and foure of them might hâve done. That att the tyme prescribed in the Lawes for Election of Constables and Overseers the two old overseers att présent Continued shall be dismist, and two new ones are to be Chosen in their stead, and that from henceforth the Elections both for Constables and Overseers in eaeh Towne shall be by the vote of the major part of the Inhabitants. That in eaeh towne Itt bee left to the vote of the Major part of the Inhabitants, whether att the Administration of ye Over-92 LAWS OF THE COLONY OF NEW YORK. seers into their places they sliall take the oathes in the Lawes enjoyned, Alwayes provided that if any perscn of the towne or Stranger, hâve a Cause or Suit depencling to bee tryed in that towne Court wkere the overseers are not sworne, in such cases that the person may haye a lawful objection against their proceedings, unless the cverseers objected against, do first take their oathes, which the Constable hath liberty to administer unto them. That the publique Rates shall henceforth be payable att one Certayne tyrne of the yeare which is to be att or before the last day of December, and the Constables haveing already sufîkient Authority in the Law to make distress for non pay- ment, they shall be lyable to make good for the Rates in their Townes, if any part shall be in arreare or unpayd after the tyme prescribed. That the arreares of the former yeares Rates shall be payd into the Constables in every towne without further delay, in the Month cf December next, with the présent yeares Rate. That the payment of the Rate for publique Charges shall bee made in Corne beefe or porke, att the price herein men- tioned (that is to say) wheate not exceeding 5s. the bushell Rye and pease 4s: Indian Corne 3s. and oates 2s. Gd. beefe att 3d. and porke att 4d. per pound and no other payment shall bee allowed of. That whosoever shall omitt, or Refuse to bring in the vallu- acons of their Estâtes to the Constables as is Required the Ccnstable and overseers shall putt a vallue thereupon accord- in g to their discreations and destrayne for the same Accordingly. That whosoever shall neglect or Refuse to obey a Speciall warrant under the Grovernours hand and Seale, shall bee lyable to such a fine, as the Court of Sessions or Assizes shall adjudge, according to the merritt of the Default. That whosoever sliall Reproacli or Defaane any Person or Persons, who hâve or shall Act in any publique Implcyment, either in Court or otherwise or shall villifie their proceedings who serve the publique in this Goverment by Authority under his Roy ail Highnes the Duke of Yorke, cr whosoever hereafter sliall any waves Detract or speake against any of the Deputies signing the address, to his Royall Highnes, at the generall meeting att Hempsteed, they shall bee presented, to the next Court of Sessions, and ‘if the Justices shall see Cause they shall from tlience bee bound over, to the assizes their to Answer for the Slander, and upon plaint or Information. Whereas in the Amendments or the Lawes formerly sett forth under the head (Marriage) It is said, that ail persons are to bee accompted cf fitt âge to marry, when the man hath attainedLAWS OF THE COLONY OF NEW YORK. 93 to the âge of 21 and the woman of 18 yeares, itt is to bee understood, of such persons onely as are under guardianshipp, and itt is not in any wayes to take of the naturall bounds of Duty and obligation which Children owe to their parents. That the payaient of Jurymen, shall bee by abatements in their Eates in the townes where they Inhabité which upon Certificats of their service from the Clarks of the Courts cf Assizes or Sessions, shall bee allowed them by the Constable. Whereas divers Complaints hâve bene made that notwith- standing, the penaltyes in the law sett forth severall persons do présumé to sell liquors to the Indians whereby oftentimes greate Disorders are Committed, but wha,t is done by them in that kinde is acted so privately that seldome any other proof tliereof can bee made then by some of the Indians themselves, It is therefore ordered that although the testimony of Hethens against Christians may not altogether bee allowed, yet when it meets with other apparant circumstances, such as may bee suïïicient to convince a Jury, in such cases the Indian Testimonyes, shall bee admitted as good proofes against the persons accused. The Court haveing taken notice of the defects and faileings of both townes and persons in perticuler of not bringing in their grants or pattents to Keceive a Confirmacon of them, or not comeing to take oute new grants where they are defective or where there are none at ail, according to former directions in the law, As also takeing itt into their serious Consideraeons that severall townes and persons within this Goverment as well English as Dutch do hould their Lands and houses upon the Conditions of being Subjects to the States of the united Belgicke Provinces, which is contrary to the Allegiance due to his Majestie, they do therefore order that ail grants or pattents whatsoever fonnerlv made shall bee brought in to bee confirmed, or Renewed by Authority of his Eoyall Highness the Duke of Yorke, and ail such as hâve not pattents, shall likewdse bee Supplied therewith, by the first day of Aprill next after the date hereof, after which tyme, neither Towne or private person whether English or Dutch, shall hâve Liberty, to plead any such old grants pattents or Deeds of purchase in Law, but they shall be looked upon as invalid to ail intents and purposes. By order of the Governour and Court of Assizes, MATTHIAS YICOLLS, Secr. [In the East Hampton copy here follows an alphabetical index of the preceding laws, entitled “A table made May the 20th 1667.”]D4 LAWS OF THE COLONY OF NEW YORK. ORDERS made and Confirmed at the Generall Court of Assizes held in New Yorke begining on the 2nd & ending on the 7th Day of October in the 24th yeare of his Majesties Reigne, Anno Domini 1672. lst. Whereas great Abuse hath been practized in the Gover- ment by private persons prosecuting their Servants with Hue and Cryes at the publick Charge, the Gayne whereof redounds only to themselves, It is from henceforth Ordered That the Charges of ail Hue & Cryes shall bee borne by the respective persons concerned; for the better securing whereof Caution is to bee given by those who take them out & prosecute tliem unless in Cases of Criminalls, or upon Capitall Crimes where ail Officers and others are obliged to use their Endeavour to secure them to bee brought to condigne punishment, which is to bee bourne at the publick Charge, if the person offending hath not wherewith to make Satisfaction. 2. Whereas it hath been taken into Considération how great Abatement there is in the Rates of severall Townes apon the Account of Wolves discounted with the Constables, within whose Lymitts they are killed, so that the Summe to be collected doth not Answer the Expectation of the publick Charge, It is Ordered, that the Summe of Twenty five Shillings lately given for a Wolves head shall be reduced to twenty Shillings as formerly, & for Whelps proportionably, and that for the time to corne for ail Wolves which shall be killd within the Rounds of any Towne upon Long Island and parts adjacent, the one half of the Charge shall bee borne by the Towne, and tother by the Publick; It is also Ordered, That each Towne bee obliged for the préservacon of their Stock and Cattle to make and maintain Wolve pitts which are to bee directed by the respective Officers of the Townes to which they do belong. 3. Whereas frequent Complaints hâve been made of Servants who runn away from their Masters into other Goverments, for want of due Care & Examinacon of them by the Magistrates or Officers of the Townes, through which they pass, It is ordered, that if hereafter anv Stranger or person unlmown shall corne to, or travill through any Towne or place within this Goverment without a Pass port or Certificate from wiience hee came and wffiither he is bound, shall bee lyable to bee Seized upon by any Officer of the Towne or Place unto wThich hee cornes, or through winch he shall travaile, there to bee Secured untill hee can Cleare himselfe to bee a free Man, and shall defrav the Charges of his Détention there, by his w7orke or Labour (if not otherwise able to give Satisfaction) in the best way and Manner he shall bee found capable.LAWS OF THE COLON Y OF NEW YORK. 95 4. Vpon its being represented to this Court that notwith standing the postive Law and ye Severall Orders -of Assizes anü omerwise That English Weights and Measures shall bee only used in thés his Koyall Highness Territoryes, which had hitherto been respited for want of Measures for Liquids and due Standards, It is Ordered that the practice thereof bee noe longer delayed but the same putt in Execution by the 25th Day of March next under the penalty in the Law. prescribed, or what shall further bee adjudged by the Governour and his Councell. 5. It is likewise Ordered, In regard of the great Inconvenience & Decay of Feed for Horses and Oattle in the Woods by the increase of the Bush or Under wood, which is suffred to grow up without any care taken to subdue the same, That four Dayes be appointed once every yeare for ail the Inhabitants of the Townes upon Long Island and Precincts, from the Age of 16 to 60 (E;xcept the se exempted by the Law to go into the Woods to cutt the said Brush or Under wood) the time to bee at the discrétion of the Officers of each Towne, and whosoever shall faile therein, each particular person shall pay for every dayes default the value of five Shillings. 6. That the Boundaryes of Townes be attended as the Law and their respective Patents doth direct, and that the Peram- bulacon bee made accordingly, in which if any Deficiency shall appear at either of the Courts of Sessions to bee held in the Month of June next, the Towne soe failing shall forfeite the Sume of Ten pounds to the Publick. T. That the Lawes of the Goverment be duely observed as to parochiall Churches, and that although divers persons may bee of Different Judgments, yett ail shall contribute to the Mim ister Establisht and allowed of, which is noe wa.y judged to bee an Infringement of the Liberty of Conscience, to the which they may prétend. 8. That forasmuch as many and great Complaints hâve been made against Hogg Stealers, also against Stealers of Boats, Canooes, and their Appertenances, notwithstanding the strict- ness of the Lawes to the contrary, and Orders to reinforce the same, in the which divers having been found guilty, and hâve past the Censure of the Law, for a greater Terrer to any Person, who shall for the future attempt to doe the like, It is Ordered that the person soe offending and convicted for the Same, shall for the first offence besides a fine to be imposed by the Court receive the Corporall punishment of haveing one of his Ears cutt off to bee an Example to ail others, and for the next receive some more severe punishment, as the Court shall direct or Judge meet.96 LAWS OF THE COLONY OF NEW YORK 9. That the High Sheriffs upon Long Island, Constables, and Clarkes of Sessions who hâve not yet brought in their Accompts to bee audited and allowed of dce without further delay per- fomie tlie same by the thne wherein the next Court of Sessions is to bee held in the respective Ridings to- the which they doe belong unto some Persons then to bee appointed to receive the sanie under the penalty in the Law sett forth, or such farther Mulet as shall be adjudged by the Governour and his Councell. 10. Whereas upon the extraordinary Occation of Restor- ation of the forte in the Citty of New Yorke, the which as reconimended from the Governour, every Towne and Corporation within this Province, as also particular persons hâve by their free Consents and Subscripticns contributed towards the same, the collection whereof in the severall Townes in Countrey pay, by other than by themselves will bee found both inconvénient, troublesome, and of soe great Charge that it will not answer the End prescribed, the which having by most been hitherto soe well begunn & prosecuted, that it may hâve a happy Conclusion, It is thought fitt and ordered, That the Charge of Collecting and transmitting the Contribution aforesaid to this City or the ferry shall be borne by each respective Towne or distinct Person who hath subscribed the same, and that the Payment thereof bee made accordingly before the feast of Christmas next. 11. Whereas severall Applications hâve been made as well to his Hônour the Governour as unto this Court, some repre- senting the Convenienee, others the Inconvenience of con- tinuing the Prohibicon of the Exportacon of wheat in Grayne or Meale, the time limited for the same being now expired, upon due Considération had hereupon, It is Ordered, That the Prohibition for the Transportation of Corne shall bee repealed, And it shall and may bee Lawfull for any man to transport Wheat in Grayne or Meale from any part of this Goverment to JBoston or any other place, as long as the price currant of good Merchantable winter Wheat shall bee there 4s. 6d. and good Summer Wheat 4s. the Bushell or above in Silver, but that none présumé to sell it abroad under that price, upon the penalty of forfeiture of the vallue of what shall bee soe dis- posed of ; And if any étrangers shall corne to buy Corne, the same shall not bee sold unto them under 4s. per Bushell or 3s. 6d. in Silver or Goods Equivalent under the like penalty as before, And that this Order bee in force for the space of one yeare, untill the Convenienee or Inconvenience thereof shall appeare. 12. Whereas It is thought expédient that a certaine Régula- tion should bee made upon the Silver Coyne which passeth toLAWS OF THE COLONY OF NEW YORK. 97 and fro in this Goverment b y the Certainty of its vallue, It is Ordered, That a Boston Shilling shall pass for one Shilling, & a good piece of Eight of Spanish Coyne whether of Mexico, Sevill, or a pillar piece shall be vallued & goe for six Shil- lings in any payment either for Debt and Demands or purchas- ing of Goods and Merchandize between Man and Man. By Order of the Governour and Court of Assizes. MATTHIAS NICOLLS, Secr. [The following order is no longer in the Book of Duke’s Laws at East Hampton. It is contained, however, in the New York Historical Society’s c-opy, made in 1809, and this copy is made from that. It has probably been lost since that date.] ORDERS made at the Generall Court of Assizes held in New Yorke, beginning on the Gth and ending on the 13th day of October in the 27th yeare of his Majesties Reigne Anno Domini 1675. Vpon considération of the Mischief that too frequently hap- pens by carrying Liquors and goods to trade with the Indians at their Plantations, where in Case of Disorders or Abuses sinall reliefe can bee expected amongst them; It is ordered, that throughout the Goverment there bee noe Trading upon any Account with the Indians at their Plantations. That the Law bee likewise observed which prohibits selling strong Liquors to the Indians in Yorkshire upon Long Island and Dependences. And that pursuant to the Law, the Constables of the severall Townes take care noe Powder or Lead bee sold to the Indians but by them as directed, or by their consent. The Proclamation sett forth by the Governour about Block Hou ses &c. being approved of, Its Ordered strictly to bee observed. Ypon a Proposall whether it will not bee convenient at this juncture of time of the Indians Disturbance to the Eastward, to bring ail Cannoes on the North side of Long Island to this place, or to hâve them ail destroyed to prevent any Entercourse with the Indians on the Maine and our Indians or that these Canoës bee brought to the next Townes, and secured by the Officers; Its Resolved That ail Canooes whatsoever belonging to Christians or Indians on the north side of Long Island to 1398 LAWS OF THE COLONY OF NEW YORK. the East of Hell-gate shall within three Dayes after the publi- cation hereof bee brought to the next Towne and delivered into the Constables Custody to bee laid up and secured by tliem neare their Block Houses, And that whatever Canooe shall bee found upon the Sound after that tiine bee destroyed. That the Indians at Mr. John Pells on Anne Hooks Xeck bee ordered to remove within a fortnight to their Usuall Winter Quarters within Hell-gate upon this Island during which time Loaden Canooes which shall hâve Certifiâtes from the Magis- trates of the Place from whence they came expressing whether they are goeing shall be permitted quietly to passe along the Shore, except out of the Goverment, which in noe case is to bee allowed. It being taken into Considération whether it bee not proper to hâve English Weights and Measures to bee used according to the Lawr; It is Ordered that in three months after the publica- tion thereof, the same shall be putt in practice in this City, Long Island, and parts adjacent; and in six months in ail other parts throughout the Goverment; And that whosoever shall after that time présumé to use any other Weights or Measures, shall forfeit ail that they shall soe sell; and bee lyable to such further punishment for Contempt as the Case shall require. The time of the Proclamations prohibiting the Exportation of Corne, and also that of floure, &c, being expired, the same being taken into considération, and the Présent Scarcity, It is Ordered, that the Prohibitions for the Exporting of Corne or floure doe still continue in force for the Terme of six Months after the Date hereof. The payment in the Rates for Horses and Horse kinde, being recommended from the Towne of Southampton, and other Townes at the East end of Long Island to bee considered of whether not too high, It being soe much above the présent value; Ordered that the Rates doe continue as they now are; And that ail persons who hâve Horses upon Long Island doe within the space of six months prove their Horses before tlie Constable and Overseers, or Cheife Officers of the respective Townes to which they doe belong, and such as shall be fund unmarkt according to Law shall bee forfeited, the one halfe to liis Royall Highnesse, the other halfe to the Towne to which they shall bee brought: And that noe person présumé to marke any Horse or Colt, but before the Constable and Overseers, or Cheife Officer of the Place. That ail persons upon Long Island who hâve Estâtes from the value of 20£, to 100£. may keep one Ereeding Mare, and noe more; And soe proportionably for every 100£, one. But may hâve asLAWS OF THE COLONY OF NEW YOEK. 99 many working Geldings or Horses of Size according to Law, as he shall hâve Occation of, and double the number in the woods. That ail Persons wbo are single, tbough but of 20£, Estate may keep one Gelding or Horse at home, and in the Woods proportionably. Upon Complaint of the Great Abuse at the East end of Long Island in their Oyle Cask &c: It is Ordered that there bee a Sworne Gager and Tapper of Oyle in the respective Townes where the Whaling Design is followed. And upon the Peticon and Complaint of severall Coopers in those parts concerning the making of Oyle Cask, and great deceipt used by étranger Coopers, It is likewise Ordered That noe Cooper shall bee admitted to make Caske without the Consent of the Magistrales and Officers of the respective Townes, and that the Sworne Gagers and Packers chosen and authorized according to Law, shall hâve the same Inspection of Oyle Cask, and viewing of Oyle, as for Beefe, Porke &c: and to hâve the same allowance; and the Defaults to incur the like Penalty. The Oyle Cask or Barrells are to containe thirty-one Gallons and a halfe. And that every Towne whom it doth or may concerne (if not now already provided) doe forthwith make a fitt Choice of a Gager and Packer to officiate as before according to Lawr: In Default whereof to answer it at their Perills. The Church Affaires being taken into Considération, and particularly the Maintenance of the Ministry, It is Ordered, that towards the Maintenance of the Ministry, besides the Usuall Countrev Eate, there shall bee a Double Bâte levyed upon ail those Townes that hâve not already a sufficient Maintenance for a Minister. Upon Proposall of having a fayre and Markett in or neare this City, It is Ordered, That after this Season, there shall yearely bee kept a fayre and Markett at Breucklyn neare the ferry, for ail Grayne, Cattle or other Produce of the Countrey, to bee held the first Mundav, Tuesday, and Wednesdav in Novem- ber; and in the City of New Yorke, the Thursday, Friday and Saturday following. Ordered, That in case there should happen a Warr with the Indyans in this Goverment (which God forbidd) for the better carrying on of the same one or more Kates shall be Levyed, according as there shall bee Occation, An accompt whereof to bee given to the following Court of Assizes. Ordered, That in ail Cases, the Magistrales through the whole Goverment are required to doe Justice to the Indians as well as Christians.100 LAWS OF THE COLONY OF NEW YORK. That by reason of the Séparation by Water Staten Island shall hâve a Jurisdiction of itselfe; and to hâve noe farther dépendance on the Courts of Long Island, nor on their Militia. By order of the Generall Court of Assizes. MATTHIAS NICOLLS, Seer. NICOLLS’ PROCLAMATION REVOKING THE DUTCH AND ESTAB- LISHING THE ENGLISH FORM OF GOVERNMENT, 1665. [Richard Nicolls was appointed the first English governor of New York by a commission from the Duke of York in the year 1665. The original commission seems to hâve been lost, but it undoubtedly conferred upon the Governor the powers which were conferred by the Crown upon the Duke of York. The following proclamation, revoking the Dutch form of government in New York, and establishing the English Colonial govern- ment is copied from “ The Documentary History of New York,” arranged under direction of the Hon. Christopher Morgan, Secretary of State, by E. B. O’Callaghan, M. D., 1850, Yol. 1, p. 389.] The Gorernors Révocation of ye fforme of Government of New Yorke under ye style of Burgomaster & Schepens. By virtue of his Majesties Letters Pattents bearing date the 12th day of March in the 16th year of his Majesties Beigne, Granted to His Boyall Highnesse, James Duke of Yorke wherein full & absolute power is given and granted to his/ Boyall High- nesse or his Deputyes to Constitute, appoint, revoke & discharge ail Officers both Civill & military, as also to alter & change ail Names & styles ff ormes or Ceremonyes of Government: To the End that His Majesties Boyall Pleasure may be cbserved & for the more Orderlv establishment of his Majesties Boyall authonity, as near as may bee Agreeable to the Lawes and Customes of his Majesties Bealme of England; upon Mature deliberacon & advice, I hâve thouglit it neeessary to Bevoke & discharge, and by these Présents in his Majesties Name, do revoke and dis- charge the fforme and Ceremonv of Government of this his Majesties Towne of New Yorke, under the name or names, style or styles of Scout, Burgomasters & Schepens; As also, that for the future Administracon of Justice by the Lawes established in these the Territoryes of his Boyall Highnesse wherein the wel- fares of ail the Inhabitants and the Preservacon of ail their due Bights and Priviledges, Graunted by the Articles of this Towne upon Surrender under his Majesties Obedience are concluded; I do further déclaré, That by a particular Commission, such per- sons shall be autliorized to putt the Lawes in Execucon, in whose abilityes prudence & good affection to his Majesties Service and ye Peace and happinesse of this Government I hâve especial reason to put Confidence, which persons so constituted and appointed, shall bee knowne and called by the Name & Style ofLAWS OF THE CQLONY OF NEW YORK. 101 Mayor Aldermen & Sherriffe, according to the Custome of England in other bis Majesties Corporacons: Given under my hand & Seale at ffort James in New Yorke, this 12th day of June 1665. RESTORATION OF DUTCH GOVERNMENT, 1673-74. [When the city of New York was re-taken by the Dutch in 1673, the commanders of the fleet acting in behalf of the Lords States General and the Prince of Orange re-established the Dutch form of government by a proclamation or decree sometimes known as the “ Benckes and Eversten’s Charter,” of which the following copy is found in Vol. 1, “ Documentary History of New York,” by E. B. O’Callaghan, M. D., 1850, at p. 390.] The Commanders and Honble Conncil of War in the service of Their High Miglitinesses the Lords States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, etc. HEALTH ! WHEREAS We hâve Heemed it necessary, for the advantage and prosperity of Our City NewT Orange, recently restored to the Obedience of the said High and Mighty Lord States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, to Reduce the form of Government of this City to its previous character of Schout, Burgomasters and Schepens as is practised in ail the Cities of our Fatherland, to the end that Justice may be maintained and administered to ail good Inhab- itants without Respect or Regard to persons ; THEREFORE WE, by virtue of our Commission, in the names and on behalf of the High and Mighty Lords States General of the- United Nether- lands and his Serene Highness the Lord Prince of Orange, hâve elected from the Nomination exhibited by those in office as Regents of this City for the term of one current year, As Schout (Anthony de Millt. Richard Nicolls. As Burgomasters As Schepens " (Willem Beeckman, (Jeronimus Ebbvng, - (Jacob Kip, (Louwerens Mander Spiegel, , (Geleyn Yerplanck. Which above named Schout Burgomasters and Schepens are hereby authorized and empowered to govern the Inhabitants of this City, both Burghers & Strangers conformably to the Laws102 LAWS OF THE COLONY OF JYEW YORK. and Statutes of our Fatherland, and to make tlierein such orders as they shall find advantageous and proper to tkis City [Here tke paper is destroyed.] And the Inkabitants of tkis City are well and strictly ordered and enjoined to respect & honour; tke above named Regents in tkeir respective qualities, as ail Loyal and Faitkful Subjects are bound to do. Done ffortress Willem Hendrick, tkis 17tk August Ao. 1673. (Was Signe,d) Cornélius Eversten, tke Younger Jacob Benckes A. Colve. Nicolaas Boes A. F. Yan Zeyll. COLVE’S CHARTER. [The following instructions, sometimes known as “ Colve’s Charter ” because granted by Colve, governor general of the province, hâve been translated and published in Documentai^ History of New York by E. B. O’Callaglian, Vol. 1, p. 392. The province continued under Dutch govern- ment until June 26, 1674, when, pursuant to treaty, it was restored to the English.] Provisional Instruction for tke Sckout, Burgomasters and Sckepens of -tke City of Xew Orange. Ist. Tke Sckout and Magistrates, eack in kis quality skall take care tkat tke Reformed Ckristian Religion conformable to tke Synod of Dordrecht slrall be maintained, witkout suffering any otker Sects attempting any tking contrary tliereto. 2. Tke Sckout skall be présent at ail Meetings and présidé tkere, unless the Hcnble. Heer Governour or some person appointed by liim be présent who tken skall présidé, wken tke Sckout skall rank next below tke youngest acting Burgomaster. But wkensoever the Sckout acts as Prosecutor on behalf of Justice cr otkerwise, liaving niade kis complaint, he skall tken rise up and absent himself front the Beneli during tke deciding of tke case. 3. Ail matters appertaining to the Police, Security, and Peace of tke Inhabitants, also to Justice between man and man, skall be determined by final Judgment by tke Sckout, Burgomasters and Sckepens aforesaid to the amount cf Fifty Beavers and under, but in ail cases exceeding that sum, eack one skall be at liberty to appeal to tke Heer Governour General & Council here. 4. Ail Griminal offences which shall be committed witkin tliis City and the Jurisdiction tkerecf skall be amenable to the Judicature of said Sckout, Burgomasters and Sckepens wko skall kave power to judge and sentence tke same even unto DEATH inclusive; provided and on condition, tkat no sentenceLAWS OF THE COLONY OF NEW YORK. 103 of corporal punishment shall be executed unless tke approval of the Heer Grovernour General and Council shall be first sought and obtained tkerefor. 5. The Court shall be convoked by the President Burgomaster who shall, the night before, make the same known to Capt. Willem Knyfï, (who is hereby provisionally qualified and autkor- ized to be présent at and présidé over the Court in the name and on the behalf of the Hr. Governour,) and so forth to- the remaining Schout, Burgomasters and Schepens. 6. Ail motions shall be put by the first Burgomaster, whose proposition being made and submitted for considération, the Commissioner there pres,iding in the name of the Hr Governour shall first vote there, and »o afterwards the remaining Magis- trates each according to his rank; and the votes being collected, it shall then be concluded according to plurality; But if it hap- pen that the votes are equal, the President shall then hâve power to décidé by his vote, in which case those of the con- tra ry opinion as well as those of the minority may Register their opinions on the Minutes, but not publish the same in any manner out of the Court on pain of arbitrary Correction. 7. The Burgomasters shall change Rank every half year, wherein the cldest shall first occupy the place of President and the next shall follow him; but during this current Year the change shall take place every 4 months, since.three Burgo- masters are appointed for this year. 8. The Schout, Burgomasters and Schepens shall hold their Session and Court Meeting as often as the same shall be neces- sary, on condition of previously appointing regular days therefor. 9. The Schout, Burgomasters and Schepens shall hâve power to enact, and with the approbation of the Hr. Governour to publish and affix some Statutes, Ordinances and Placards for the Peaee, Quiet and Advantage cf this City and the inhab- itants thereof within their district, provided that the same do not in any wise conflict, but agréé, as much as possible, with the Laws and Statutes of our Fatherland. 10. Said Schout, Burgomasters and Schepens shall be bound rigidly to observe and cause to be observed the Placards and Ordinances of the Chief Magistracv, and not to suffer any thing to be done contrary thereto, but proceed against the Contraveners according to the ténor thereof; and further promptly execute su ch orders as the Heer Governour General shall send them from time to time. 11. The Schout, Burgomasters & Schepens shall be also bound to acknowledge their High Mightinesses the Lords States General of the United Netherlands and his Serene Highness the Lord104 LAWS OF THE COLONY OF NEW YORK. Prince of Orange as their Sovereign Rulers, and to maintain their High Jurisdiction, Right and Domain in this Country. 12. The élection of ail inferior officers and servants in the employ of said Schout, Burgomasters and Schepens shall, with the sole exception of the Secretarv, be made and confirmed by themselves. 13. The Schout shall execute ail judgments of the Burgomasters and Schepens, without relaxing any, nnless with the advice of the Court, also take good care that the jurisdiction under his authority shall be cleansed of ail Vagabonds, Whorehouses, Gambling houses and such impurities. 14. The Schout shall receive ail fines imposed during his time, provided they do not exceed yearly the sum of Twelve hundred Guilders Seawant value which, having received he shall enjoy the just half of ail the other fines, on condition that he présumé neither directly nor indirectly to compound with any criminals, but leave them to the judgment of the Magistrales. 15. The Schout, Burgomasters and Schepens aforesaid shall convoke an Assembly on the llth day of the month of August, being eight days before the Election of new Magistrales, and in presence of the Commissioner to be qualified for that purpose by the Honble Governr General, nominate a double number of the best qualified honorable and wealthy persons, and only such as are of the Reformed Christian Religion, or at least well affected towards it, as Schout, Burgomasters and Schepens aforesaid, which nomination shall be handed and presented folded & sealed, on the same day, to his Honor; from wrhich nomination the Elec- tion shall then be made by his Honor on the 17th day of the month of August, wfith continuation of some of the old Magis- trales, in case his Honor shall deem the same necessary. Done, Ffort Willem Heindrick the 15th January 1674. By Order of the Honble Heer Governr General of New Netherland, (Was signed) N. Bayard, Secrety. SECOND GRANT TO THE DUKE OE YORK, 1674. [In a statement of the right of the colony of New York, with respect to its eastern boundary on the Connecticut river, contained in the Journal of New York General Assembly, Mardi 8, 1773, p. 92, is the folio wing déclaration: “ To remove any doubt of the validity of the Duke’s title, either from the want of seizin in the Crown wlien it originated, or on account of the intermediate conquests by the Dutcli, it was confirmed to His Royal Highness by further letters patent, dated 29th day of June 1674.” The confirmation of the grant is recorded in volume 1 of Deeds, in office of New York Secretary of State, at p. 1. The following copy of a portion of the charter was made from a copy of the confirmation con-105 LAWS OF THE COLONY OF NEW YORK. tained in a “ Report of the Regents of the University on the boundaries of the State of New York,” transmitted to the Législature, May 28, 1873, at p. 21.] CHARLES THE SECOND BY THE GRACE Of God, King of England, Scotland, France and Ireland, Defender of the ffaith, &c, TO ALL TO WHOM these présents sliall corne Greeting; KNOW YEE, that wee for divers good causes and considera- cons, HAYE of our especiall Grâce, certaine knowledge and meer motion, GIVEN and granted, and b y these présents, for us, our Heirs and Successors Do give and graunt unto our Dearest Brother, JAMES DUKE OF Y'ORKE, his Heirs and As- signes, ALL that part of the Maine Land of New England, begining at a certaine place called or knowne by the name of St Croix next adjoyning to New Scotland in America; and from thence extending along the Sea-Coast, unto a certaine place called Petuaquine or Pemaquid, and so up the River thereof, to the furthest head of the same, as itt tendeth North- wards, and extending from the River of Kinebeque and so upwards by the shortest Course toi the River Canada North- wards; And ail that Xsland or Islands, commonly called by the severall name or names of Matowacks or Long Island, scitu- ate and being towards the West of Cape Cod, and the narrow Higansetts, abutting upon the Maine Land, betwTeen the two Rivers there, called or known by the severall names of Con- ecticutt and Hudsons River, together also with the said River called Hudsons River, and ail the Land from the west side of Conecticutt River, to the East side of Delaware Bay; And also ail those severall Islands, called or known by the names of Martin-Vineyards and Nantukes, otherwise Nantuckett; To- gether with ail the L#ands, Islands, Soiles, Rivers, Harbors, Mines, Mineralls, Quarryes, woods, Marshes, waters, Lakes, ffish- ings, Hawking, Hunting & ffowling; And ail other Royalties, proffits, Commodities and Hereditamts, to the said severall Islands, Lands and prémisses, belonging and appertaining, with their and every of their Appurtenances, and ail our Estate, Right, Title, & Interest, benefit and advantage, Claime and demand, of, in or to the said Lands or prémisses, or any part or parcell thereof ; And the Revercon and Reveroons, remainder & remaindrs, together with the yearly and other Rents, Revenues and Proffitts of the prémisses, and of every part and Parcell thereof; TO HAYE AND TO HOLD, etc. [continuing substan- tially the same as in the grant of 1664]. IN WITNESSE whereof wee hâve caused these our Letters to bee made patents, witnesse our selfe at westm. the 29th day of June, in the 26th yeare of our Reigne^ 14 PIGOTT.106 LAWS OF THE COLONY OF NEW YORK. COMMISSION OF MAJOR EDMUND ANDROS TO BE GOVERNOR OE NEW YORK, 1674. [Copied from Doc. Rel. to Col. Hist. of N. Y., III, p. 215. The original is in London, in New York Papers, I, 171.] James Duke of Yorke and Albany, Earle of Ulster, &c Whereas it katk pleased ye King’s most Excellent Majesty my Soveraigne Lord and brother by bis Letters Patents to give and grant unto Mee and my heyres and assigns ail tbat part of ye Maine Land of New England beginning at a certaine place called or knowne by ye name of St Croix next adjoyneing to New Scotland in America and from tkence extending along ye sea Coast unto a certaine place called Pemaquin or Pemaquid and soe up tbe River tbereof to ye furtkerest head of tbe same, as it tendeth Nortbwards and extending from thence to tbe River Kinebequi and soe upwards by ye sbortest course to ye River Canada nortbwards. And also ail that Island or Islands comonly called cr knowne by ye severall nnmes of Matawocks or Long Island scituate lying and being towards ye West of Cape Codd and ye Narrow Higansetts abutting upon ye maine land between ye two rivers tbere called or knowne by ye severall names of Oonecticut and Hudsons River togetber also witb ye said river called Hudsons River and ail ye land from ye West side of Conecticut river to ye East side of Delaware Bay, and also ail tbose severall Islands called or knowne by ye name of Martine Yynyards and Nantukes otberwise Nantukett, together with ail tbe Lands islands soiles rivers harbours mines mineralls quarrves woods marsbes waters lakes fishings hawking hunting and fowling and ail royaltyes and proffits comoditves and bereditaments to ye said severall islands lands and prémisses, belonging and apperteyneing witb tbeir and every of tbeir appurtenancies: To bold ye same to my owne proper use and beboofe witb power to correct punisb pardon govern and rule ye inbabitants tbereof by my selfe or sucb deputyes Comissrs or ofïicers as I sball think fitt to appoint, as by his Majesties said Letters Pattents may more fully appeare. And whereas I bave conceived a good opinion of tbe integrity prudence ability and fitnesse of Major Edmund Andros to be employed as my Lieutenant tliere, I bave tberefore tbouglit fitt to constitute and appoint him ye said Major Edmund Andros to bee my Lieutenant and Governour within ye lands islands and places aforesaid to performe and execute ail and every ye powers whicb are bv ye said letters Patents graunted unto Mee to be executed by Me my Deputy Agent or Assignes To bave and to hold ye said place of Lieutennant and Governour unto him ye said Edmund Andros Esqr but dureing my will and pleasure only, Hereby willing and requireing ail and every ye inhabitants of ye said lands islands and places to give obedience unto him yeLAWS OF THE COLONY OF NEW YORK. 107 said Edmund Andros Esqr in ail things according to ye tenure of His Majesties Letters Patents. And ye said Edmund Andros Esqr to observe follow and execute such orders and directions as he shall from time to time receive from myselfe. Given under my hand and seale at Windsor this first of July 1674. James. By command of His Royal 1 Highness Jo: Werden. ORDER TO PUT THE DÏÏKE’S LAWS IN EORCE IN NEW YORK, 1674. [Copied from Doe. Rel. to Col. Hist. of N. Y. III, p. 226. The original is in London in New York Entries, CLI, 15.] Whereas tkere are hereunto annexed certaine Laws estab- lished by autliority of His Majesties Lres Pattents graunted to me and digested into one volume for ye publique use of ail ye territories in America under my government collected out of ye severall laws in otlier His Majesties American Colonies and Plantacons, upon perusall and consideracon of which it appeares that tliere may be an occasion to make sonie alteracon or amend- ments in sonie particular clauses thereof; Tbese are tlierefore to authorize and require you to put in execucon ye said laws, except such as shall hâve apparent inconveniences in them; and after your settlement at New York, with ye ad vice and he-lpe of your Councell carefully to peruse and consider ye sanie, and if you finde it necessary for ye ease and benefitt of ye people and ye good of my service to make anv alteracons, addicons or amend- ments in ye said laws, you are with ye first opportunity to repre- sent ye same unto me, to ye end you may receave from me such orders and direccons as shalbe necessary for authorizeing you to put ye same in execucon. And for soe doeing ys shalbe your Warrant Given under my hand at Windsor ys 6. day of August 1674. To Major Andros my Lt. and Governor of New York. PROCLAMATION OE GOVERNOR ANDROS, 1674, [Copied from Doc. Rel. to Col. Hist. of N. Y., III, p. 227. The original is in London in New-York, C. D. C., 72.] The first Proclamacon Confinning Rights & Propertys. By the Governour Whereas it hath pleased his Majesty and his Royall Highnesse to send me with autliority to receive this place and Government from the Dutch and to continue in the command thereof under his royall Highnesse who hath not only taken care for our future108 LAWS OF THE COLONY OF NEW YORK. safety and defence but alsoe giyen me his commands for: secur- ing the rights and propertysof the inhabitants and that I skould endeavour by ail litting means the good and welfare of this Province and dependencys under his government, Tkat I may not be wanting in any tliing that may conduce thereunto and for the saving of tlie trouble, and charge of any coming heither for the satisfying tkemselves in such doubts as might arise con- cerning their rights and propertys upon this change of goyern- ment and wholly to settle the minds of ail in Generall I hâve thought fltt to publish and déclaré. That ail former grants priviledges or concessions heretofore granted and ail estâtes legally possessed by any under his Royall Highnesse before the late Dutch government, As also ail legall, judiciall proceedings during that goyernment to my arrivall in these parts are hereby confirmed; And the possessors by virtue thereof to remain in quiet possession of their rights. It is hereby further decla.red that the known Book of Laws formerly establislit and in force under his royall highnesse goyernment is now again confirmed by his Royall Highnesse the which are to be observed and prac- tlsed together with the manner and tirne of holding Courts therein menconed as heretofore. And ail Magistrates and Civill Officers belonging thereunto to be chosen and establislit accord- ingly.— Given under my liand in New York this ninth day of November in the twenty sixth year of his Majesties reign annoq; Homini 1674. E. Andros. Secryes Office Province of New Yorke This is a true copy taken from the record of the book of entrys begunn OctoBer the 31th 1674 pag. 13th at the request of the Mayor & Aldermen of New York, this seventh day of July 1698:, Exaiat & comparât p (Signed) David Jamison Secry. INSTRUCTIONS TO GOVERNOR DONGAN, 1683. [The portion of the instructions relating to the enactment of laws is copied from Doc. Rel. to Col. Hist. of N. Y. III, p. 331. The original is in London, in New-York Entries, CLI, 41.] Instructions for Coll Thomas Dongan Lt. and Govr. of New Yorke and its Dependencyes in America. With these Instruccons you will reçoive a Commission undr my hand and seale constituteing you my Lt and Govr of New Yorke & it’s Dependencyes in America, ******* You are also with advice of my Councill with ail convenient speed after your arrivall there, in my name to issue out WrittsLAWS OF THE COLONY OF NEW YORK. 109 or warrants of Sunions to ye severall Skerifïes or otker proper Ofiicers in every part of your said governement wkerein you skall expresse tliat I hâve tliougkt fitt tkat tkere skall be a Generall Assembly of ail tlie Freekolders, by tke persons wko tkey skall cliocse to represent tkem in order to Consulting witk yourselfe and tke said Councill wliat laws are fitt and neces- sary to be niade and establisked for tke good weale and gov- ernement of tke said Colony and its De'pendeneyes, and of ail tke inliabitants tkereof, & you skall issue eut tke said Writt or Sunions at least tkirty dayes before tke tlme appointed for ye meeting of tke said Assembly, wliick time and alsoe tke place of tkeir meeting (wliick I intend slial be in New Yorke) skall alsoe be menconed & expressed in tke said Writt or Sunions, and you witk advice of my said Councill are to take care to issue out soe many writts or sunions and to suck ofiicers, in every part, not exceeding eigkteene, soe tkat tke planters or Inliabitants of every part of ye said governement may kave convenient notice tkereof and attend at suck ellection, if tkey skall tkinke fitt. And wken tlie said Assembly soe elected skalbe mett at ye time and place directed, you skall lett tkem know tkat for tke future it is niv resolucon tkat ye said Generall Assembly skall kave free liberty to consult and debate among tkemselves ail matters as skall be apprekended proper to be establisked for laws for tke good governement of tke said Colony of New Yorke and its Dependencyes,; and tkat if sucli laws skalbe propounded as skall appeare to mee to be for tke manifest good of tke Country in generall and not prejudiciall to me, I will assent unto and confirme tkem In tke passing and enaeting of ail suck laws as skalbe agreed unto by tke said Assembly, whick I will kave called by tke name of tke Generall Assembly of my Colony of New Yorke and its Dependencyes wkerein tke same skalbe (as I doe kereby ordaine tkey skalbe) presented to you for your assent tkereunto. You are to consider wlietker ye same be for tke generall good and not prejudiciall to me; and if you find tkem soe to be, then you are to give your assent tkereunto. But if you skall judge tkem inconvénient or prejudiciall, you are to refuse your assent tkereunto, and in ail cases ycu are to kave a néga- tive voice to refuse ail Laws tliat are presented to you; and wTien you skall kave given your consent to suck laws as skalbe soe agreed, you skall by tke first opportunity transmitt tke same to me under ye liands of your selfe and Councill, and under tke seale of tke Colony, (wkick you are to use in passing of grants) to ye end tkat I may ratifye and confirme ye same, if I skall approve or reject tkem if I doe not tkinke tkem110 LATV S OF THE COLONY OF NEW YORK. reasonable. But the said laws soe assented unto by you, shalbe good and binding untill suck time as I skall cause my dislike of & refusai 1 to passe tliem to be signifyed unto you, and from thenceforth ye sanie skall cease and be null and voyd to ail intents. And I doe alsoe give you power from time to time to cause ye said Generall Assembly to be summoned wkick I also autkorize you to adjourne or dissolve as you skall see reason and cause. And I doe furtker direct you not to passe any law upon any occasion wkatsoever for rayseing any pub- lique revenue, unlesse expresse ruencon be made tkerein tliat tke same is levyed and granted unto me, or unto me for ye support of ye Governement or to suck uses as tke said law skall appoint. And you are as muck as in you lyetk to take efïectuall care tliat tliere may be a constant Establishment for raiseing of money sufficient to support and maintaine ye charge of tke government of tkose parts botk Civil & Military; and alsoe tliat tliere may be money raised for paying and disckarge- ing tke arreares now due to ye Officers & Soldiers and other expenses of tke government, And are not to suffer any publique money wkatsoever to be issued or disposed of otkerwise then by a warrant under your liand. And it is my expresse will and pleasure tkat ail laws what- soever for tke good governement and support of my said Colony of New Yorke with its Dependeneyes be made indefinite and without limitacon of time, except tke same be for a temporary end, & wkick shall expire and kave its full effect witkin a certaine time. And you are not to passe any laws or doe any act by Graunt, Settlement or otkerwise wkereby my revenue may be remitted, lessened or impaired, without my especiall leave or commands therein. You skall not displace any of ye Judges Justices Sheriffes or other Officers or Ministers within New Yorke or its Dependeneyes under your governement with- out good cause, nor execute your selfe or by a Deputy any of ye said offices nor suffer any person to execute more offices than one by a Deputy. And I doe hereby require and command you tkat noe mans life, member, freehold, or goods, be taken away or harmed in any of the places under your governement but by established and knowne laws not répugnant to but as nigh as may be agreeable to the laws of tke kingdome of England. ******* Given under my hand at St. James’s tke 27th dav of January 1682-3LAWS OF THE COLOXY OF NEW YORK. 111 FIRST GENERAL ASSEMBLA, HELD AT FORT JAMES IN THE CITY OF NEW YORK. First Session Beginning October 17, 1683. [CHAPTER 1.] [The title of tliis act is mislending. It is not a charter from tlie Duke of York but is merely an act of tlie Colonial législature. The original is not in tlie office of tlie Secretary of State. Tliis copy was ruade from tlie manuscript compilation of tlie “ Dongan lawsÿ formerly in the office of the Secretary of State, but now in the New York State Library. Tliât the act was received by the Board of Trade, on February 17, 16S4, appears from the transcript of the Journal thereof in Doc. Rel. to Col. Hist. of New York, III, p. 354. The act was vetoed by the King, Mardi 3, 1084. For copy of veto, see Doc. Rel. to Col. Hist. of New York, III, p. 357.] THE CHARTER of Libertyes and priviledges granted by liis Royall Higlinesse to tlie Inhabitants of New Yorke and its Hependencyes. [Passée!, October 30, 1083.] ffOR The better Establisliing the Government of this province of New Yorke and that Justice and Riglit may be Equally done to ail persons within the sanie BEE It Enacted by the Governour Councell and Représentatives now in Generall Assembly mett and assembled and by the authority of the saine. THAT The Suprême Legislative Authority under his Majesty and Royall Highnesse James Duke of Yorke Albany &c Lord proprietor of the said province sliall forever be and résidé in a Governour, Councell, and the people mett in Generall Assembly. THAT The Exercise of the Cheife Magistracy and Administracon of the Government over the said province shall bee in the said Governour assisted by a Councell with wliose advice and Consent or with at least four of them lie is to rule and Goveme the same according to the Lawes thereof. THAT in Case the Governour shall dye or be absent out of the province and that there be noe person within the said province Comissionated by his Royal Highnesse his lieires or Suceessours to be Governour or Comander in Cheife there That then the Councell for the time being or Soe many of them as are in the Said province doe take upon them the Administracon of the Governour and the Execucon of the Lawes thereof and powers and authorityes belonging to the Governour and Councell the112 LAWS OF THE COLONY OF NEW YORK first in nominacon in wliicli Councell is to présidé untill the said Governour shall returne and arrive in tlie said province againe, or the pleasure of his Roy ail Highnesse his heires or Successours Shall be further knowne. THAT According to the usage Custome and practice of the Reaime of England a sessions of a Generall Assembly be held in this province once in tliree yeares at least. THAT Every ffreeholder witliin this. province and ffreeman in any Corporacon Shall hâve his free Clioise and Vote in the Eleet- ing of the Représentatives witliout any manner of constraint .or Imposicon. nd tliat in ail Eleccons tlie Majority of Yoices shall carry itt and by freeholders is understood every one who is Soe understood according to the Lawes of England. THAT the persons to be Elected to sitt as représentatives in the Generall Assembly from time to time for the severall Cittyes townes Countyes Shires or Divisions of this province and ail places witliin the same shall be according to the proporcon and nuniber hereafter Expressed that is to say for the Citty and County of New Yorke four, for the County of Suffolke two, for Queens County two, for Kings County two, for the County of Richmond two for the County of West Chester two. for the County of Ulster two for the County of Albany two and for Schenectade witliin the said County one for Dukes County two, for the County of Cornwall two and as many more as his Royall Highnesse shall think fitt to Establish. THAT Ail persons Cliosen and Assembled in manner aforesaid or the Major part of them shall be deenied and accounted the Représentatives of this province wliich said Représentatives together with the Governour and his Councell Shall forever be the Supreame and only Legislative power under his Royall Highnesse of the said province. THAT The said Représentatives mav appoint their owne Times of meeting dureing their sessions and may adjoume their house from time to time to sucli time as to them shall seeme meet and convenient. THAT The said Représentatives are the sole Judges of the Qualifi- cacons of their owne members, and likewise of ail undue Eleccons and may from time to time purge their house as they shall see occasion dureing the said sessions. THAT noe member of the general Assembly or their servants dureing the time of their Sessions and whilest they shall be goe- ing to and returning from tlie said Assembly shall be arrested sned imprisoned or any waves molested or troubled nor be compelled to make answere to any suite, Bill, plaint, Declaracon or otherwise, (Cases of High Treason and felony only Excepted)LAWS OF THE COLONY OF NEW YORK. 113 provided the number of the said sentants shall not Exceed tlnee. THAÏ Ail bills agreed upon by the said Représentatives or the Major part of them shall be presented unto the Governour and his Councell for their Approbacon and Consent Ail and Every whieh Said Bills soe approved of Consented to by the Governour and his Councell shall be Esteemed and accounted the Lawes of the province, Which said Lawes shall continue and remaine of force untill they shall be repealed by the authority aforesaid that is to say the Governour Councell and Représentatives in General Assembly by and with the Approbacon of his Royal Highnesse or Expire by their owne Limittacons. THAT In ail Cases of death or removall of any iof th(e said Représentatives The Governour shall issue out Sumons by Writt to the Respective Townes Cittyes Shires Countryes or Divisions for which he or they soe removed or deceased were Chosen willing and requireing the tfreeholders of the Sanie to Elect others in their place and stead. THAT Xoe freeman shall be taken and imprisoned or be dis- seized of his ffreehold or Libertye or ffree Customes or be out- lawed or Exiled or anv other waves destroyed nor shall be passed upon adjudged or condemned But by the Lawfull Judgment of his peers and by the Law of this province. Justice nor Right shall be neither sold denyed or deferred to any man within this province. THAT Xoe aid, Tax, Tallage, Assessment, Custome, Loane, Benev- olence or Imposicon whatsoever shall belayed assessed itnposed or levyed on any of his Majestyes Subjects within this province or their Estâtes upon any manner of Colour or pretence but by the act and Consent of the Governour Councell and Représentatives of the peuple in Generall Assembly mett and Assembled. THAT Xoe man of what Estate or Condicon soever shall be putt out of his Lands or Tenements, nor taken, nor imprisoned, nor disherited, nor banished nor any waves distroyed without being brought to Answere by due Course of Law. THAT A ffreeman Shall not be amerced for a small fault, but a.fter the manner of his fault and for a great fault after the Greatnesse thereof Saveing to him his freehold, And a husbandman save- ing to him his Wainage and a merchant likewise saveing to him his merchandize And none of the said Amerciaments shall be assessed but by the oath of twelve honest and Lawfull men of the Vicinage provided the faults and misdemeanours be not in Contempt of Courts of Judieature. ALL Tryalls shall be by the verdict of twelve men, and as neer as mav be peers or Equalls And of the neighbourhood and in the County Shire or Division where the fact Shall arise or grow 15114 LAWS OF THE COLOXY OF NEW YORK. Whether tlie Saine be by Indietment Infermacon Declaracon oi otherwise against tlie person Ofïender or Défendant. THAT In ail Cases Capitall or Criininall tliere sliall be a grand ‘Inquest wlio sliall lirst présent tlie offence and then twelve rnen of tlie neiglibourhood to try tlie Oftender wlio after liis plea to tlie Indietment sliall be allowed bis reasonable Challenges. TUAT In ail Cases wliatsoever Bayle by sufficient Suretyes Shall be allowed and taken unlesse for treason or felony plainly and specially Expressed and menconed in tlie Warrant of Com- niittment provided Alwayes that notliing lierein contained sliall Extend to discliarge out of prison upon bayle any person taken in Execucon for debts or otherwise legally sentenced by tlie Judgnient of any of the Courts of Record witliin tlie province. THAT Xoe ffreenian shall be compelled to reçoive any Marriners or Souldiers into liis liouse and tliere suffer tliem to Sojourne, against tlieir willes provided Alwayes it be not in time cf Actuall Warr witliin this province. THAT Xoe Comissions for proceeding by Marshall Law against any of his Majestyes Subjects witliin this province shall issue fortli to any person or persons wliatsoever Least by Colour of tliem any of his Majestyes Subjects bee destroyed or putt to deatli Except ail sucli officers persons and Soldiers in pay tliroughout the Government. TH.VT from lience forward Xoe Lands Within this province shall be Esteemed or accounted a Cliattle or personall Estate but an Estate of Inheritance according to the Custome and practice of his Majesties Realnie of England. THAT Xoe Court or Courts within this province hâve or at any time liereafter Shall liave any Jurisdiccon power or authority to grant out any Execucon or other writt whereby any mans Land may be sold or any other way disposed off witliout the owners Consent provided Alwayes That the issues or meane proffitts of any mans Lands shall or may be Extended by Execu- con or otherwise to satisfye just debts Any thing to the Con- tra ry hereof in any wise Xotwithstanding. THAT Xbe Estate of a feme Covert sliall be sold or conveyed But by Deed acknowledged by lier in Sonie Court of Record the Woman hein g seeretly Examined if Slie doth it freely without threats or Compulsion of lier husband. THAT Ail Wills in writeing atfested by two Crédible Witnesses shall be of the sanie force to convey Lands as other Conveyances being registered in tlie Secretaryes Office within fortv dayes after the testators death. THAT A Widdow after the deatli of lier husband shall hâve her Dower And shall and may tarry in the Cheife house ofLAWS OF THE COLOXY OF NEW YORK. 115 her husband forty dayes after the deatli of her husband within whieh forty dayes lier Dower shall be assigned her And for her I)ower shall be assigned unto her the third part of ail the Lands of her husband dureing Coverture, Except shee were Endowed of Lesse before Marnage. THAT Ail Lands and Héritages within this province and De- pendencyes shall be free from ail fines and Lycences upon Alienacons, and from ail Herriotts Ward Shipps Liveryes primer Seizins yeare day and Wast Esclieats and forfeitures upon the death of parents and Ancestors naturall unaturall casuall or Judiciall, and that forever; Cases cf High treason only Excepted. THAT Xoe person or persons whicli professe ffaith in God by Jésus Christ Shall at any time be any waves molested pun- ished disquieted or called in Question for any Différence in opinion or Matter of Religions Concernaient, who doe not actu- ally disturb the Civill peaee of the province, But tliat ail and Every such person or persons may from time to time and at ail times freely liave and fully enjoy liis or their Judgments or Con- sciencyes in matters of Religion throughout ail the province, they behaveing tliemselves peaceably and quietlv and not useing this Liberty to Lycentiousnesse nor to the civill Injury or out- ward disturbance of otliers provided Alwayes that this liberty or any thing c-ontained therein to the Contrarv shall never be Construed or improved to make void the Settlement of any publique Minister on Long Island Whether Such Settlement be by two thirds of the voic-es in any Towne thereon which shall alwayes include the Minor part Or by Subscripcons of perticuler Inhabitants in Said Townes provided they are tlie two thirds thereon Butt that ail such agreements Covenants and Sub- scripcons that are there already made and had Or that here- after shall bee in this Manner Consented to agreed and Sub- cribed shall at ail time and times hereafter be firme and Stable And in Confirmacon hereof It is Enacted by the Governour Councell and Représentatives; That ail Such Sûmes of money soe agreed on Consented to or Subscribed as aforesaid for mainten- ance of said publick Ministers by the two thirds of any Towne on Long Island Shall alwayes include the Minor part who shall be regulated thereby And also Such Subscripcons and agreements as are before menconed are and Shall be alwayes ratified per- formed and paid, And if any Towne on said Island in their publick Capacity of agreement with any Such minister or any perticuler persons by their private Subscripcons as aforesaid Shall make default denv or withdraw from Such payaient Soe Covenanted to agreed upon and Subscribed That in Such Case upon Complaint of any Collector appointed and Chosen by two thirds of Such110 LAWS OF THE COLOXY OF NEW YOEK. Towne upon Long Island nnto any Justice of tliat County Upon liis liearing the Sanie lie is liere b y autliorized impowered and required to issue ont liis warrant unto tlie Constable or liis Deputy or any otlier person appointed for tlie Collection of Said Eates or agreement to Levy upon tlie goods and Cliattles of tlie Said Delinquent or Defaulter ail sueli Sûmes of money Soe covenanted and agreed to be paid by distresse witli Costs and Charges without any further Suite in Law Any Lawe Custome or usage to the Contrary in any wise Xotwithstanding. PEOYIDEI) Alwayes the said sume or sûmes be under fortv shillings otlierwise to be recovered as the Law directs. AND WHEREAS Ail the Respective Christian Churches now in practice within the City of Xew Yorke and tlie otlier places of this province doe appeare to be priviledged Churches and hâve beene Soe Establislied and Confirmed by the former authority of this Government BEE it hereby Enacted by this Generall Assembly and by the authority thereof Tliat ail the Said Respect- ive Christian Churches be hereby Confirmed therein And that they and Every of tliem Shall from hencefortli forever be held and reputed as priviledged Churches and Enjoy ail their former freedomes of their Religion in Divine Worshipp and Church Dis- cipline And that ail former Contracts made and agreed upon for the maintenances of the severall ministers of the Said Churches shall stand and continue in full force and virtue And that ail Contracts for the future to be made Shall bee of the sanie power And ail persons that are unwilling to perforine their part of the said Contract Shall be Constrained thereunto by a warrant from any Justice of the peace provided it be under forty Shillings Or otherwise as this Law directs provided ail soe that ail Christian Churches that Shall hereafter corne and settle within this province shall hâve the Sanie priviledges. [CHARTER 2.] [The original of this act is not in the office of the Secretary of State. This copy was made from the manuscript compilation of the “ Dongan laws,” formerly in the office of the Secretary of State, but now in the New York State Library. This was the only act passed by the Assembly of 1683, which was not received by the Board of Trade on February 17, 1684, as appears from the transcript of the Journal thereof, in Doc. Rel. to Col. Hist., N. Y., III, p. 354.] A COXTIXFED Bill for defraying the Requisite Charges of the Government. [Passed, October 30, 1683.] THE Représentatives for his Royall Highnesse province of Xew Yorke eonvened in General Assembly Hâve for and in Con- sidéra con of the manv Gracious and Royall favoures ExpressedLAWS OF THE COLOXY OF NEW YORK. 117 and Extended unto the Inhabitants of tliis liis province And also for the boimtifull Confirming and Restoreing to tliem and llieir posterity the Riglits priviledges Libertyes and Imunities before recited and Expressed and for the better defraying of tlie neces- sary Charge and Expence of tliis province wliicli cannot other- wise be Elïected witliout great Charge unto his Roy ail High- nesse doe by and with the advice and Consent of the Governcur and Cüuncell now assembled and by the autliority of the sanie to the intent aforesaid give and grant unto his said Roy ail High- nesse and his heires the dutyes and Customes liereafter Specified, That is to say, ffor Every Gallon of Rum brandy and distilled Liquors that shall be imported into the province and Dependencyes the Sume of four pence Curant money of tliis province And for Every pipe of Madera, flyall, St. George, Canary, Malaga, Sherry and ail Sweet wines the Sume of forty shillings Currant money aforesaid And for Every liogshead of Redd Wliite and Rjenish wines the sume of twenty shillings Currant money aforesaid And upon ail otlier merchandize imported into tliis province and Dependencyes the Sume of forty Shilling Currant money afore- said for Every hundred pounds valued at the prime Cost Exeept these liereafter Specifyed (vizt) Sait brick pantiles Coales fish Sugar molessus Cotten wooll Ginger Loggwood brasaletta ffust wick West India hides Tobaccon Bullion and plate And further wee the Représentatives with advice and Consent of the Gov- ernour and Councell now Assembled and by the autliority of the sanie Doe give and grant unto his said Roy ail Highnesse and his heires for the Causes aforesaid upon ail merchandize Comonly called by the nanie of Indian goods As Duffles, Strouds, blanketts plaines halfethicks, woolling stockings, white Ozem briggs Kit- tles Hatchetts Hoes, read lead, Yermillion, Cotten redd Kersey, knives, Indian Haberdashery and other Indian goods the Sume of tenne pounds Currant money aforesaid for Every hundred pounds value prime Cost that are Carryed up Hudsons River in anv Vessell Sloop boate or Cannoe or any other way And also upon Every barrell of powder the sume of twelve shillings money aforesaid And alsoe for Every hundred weight of Lead the Sume of six Shillings money aforesaid And for Every Gunn barrell or Gunne barrell with a lock the Sume of six shillings Currant money aforesaid And alsoe for Every Gallon of Rum, brandy, and stilled Liquors the Sume of four pence Currant money aforesaid That shall be carryed up Hudsons River in any vessell Sloope boat Cannoe or any other way. And further wee the Représentatives by the advice assent and authority aforesaid, doe give and grant unto his said Rovall Highnesse and his heires for the Causes and Consideracons afore- said an Excise upon ail Liquors (Beer and Sider only Excepted)118 LAWS OF THE COLONY OF NEW YORK. retailed in this Citty and County of New Yorke under five Gal- lons, tlie sume of twelve pence Currant money aforesaid for Each Gallon soe retailed; And alsoe tliat an Excise of twelve pence Currant money aforesaid be imposed and levyed upon Each Gallon of Liquors carryed up Hudsons River in any vessell boate Cannce and any otlier waves wine beer and Syder Excepted, and tliere consunied or sold And alsoe an Excise of twelve pence upon Every gallon of Liquors retailed tliroughout tlie wliole province and dependencyes (beer and Sider onlv Excepted) AND furtlier wee tlie Représentatives bv advice assent and autliority aforesaid doe give and grant unto liis said Royall Higli- nesse and liis lieires for tlie Causes and Consideracons aforesaid a Custome and duty upon Every Beaver Ski un conionly ealled a wliole Beaver tlie Sume of nine pence Currant money, and tliat ail otlier furrs or peltry be valued aceordingly Tliat is to say foi two lialfe Beavers nine pence, for four Lapps nine pence, for tliree drillings one shilling and six pence, for tenue Raccoons nine pence, for four foxes nine pence, for four üsliers nine pence, for five Catts nine pence, for six minks nine pence, for tliree Otters one shilling and six pence for two bear skins nine pence, for four wolfes nine pence, for four and twenty Musk ratts nine pence, for tenne Matters nine pence, for four and twenty pound cf Mouse and Dear Skinns nine pence, and ail otlier peltry to be Yalued Equivalent to a whole Beaver nine pence, (Ox Bull and Cow bides Excepted) Exported out of this province and dependencyes And alsoe tliat ail Indian Traders througliout the wliole province and dependencyes Doe pay for the value of Each hundred pounds prime Costs they Soe trafique with the Indians the Sume of tenne pounds money aforesaid And alsoe Tliat ail bear and Syder retailed tlirough- out the province and dependencyes shall pay six Shillings for Each Barrell Soe retailed And further It is to be understood that ail bear and Syder that is sold to the Indians is to pay six Shillings ^ Barrell as if retailed throughout the province and dependencyes And ail small beer to be retailed by speciall Lycence, and Security thev shall draw noe strong beer without payment of the Excise and the small beer without Excise. ffOR the due and orderly Collecting of the aforesaid Dutyes Customes and Excise And alsoe for the preventing of frauds and Embezzillments of said Dutyes Customes and Excises Bee it further Enacted by tlie authority aforesaid That ail shipps and vessell s whatever That shall corne to any port beeche or Harbour within this province and Dependencyes to trade or trafique the Master, mate, or purser shall corne to snch place or places as shall be appointed by the Governour or hisLAWS OF ÏHE COLOXY OF XEW YORK. 119 Royall Higlinesse Collector for tlie tiine being and there make report of ail Sucb parcell or parcells of mereliandize and otbers tbat lie liatli aboard said sliipps or vessells and also Déclaré upon liis Corporall Oatli tiiat lie liatb not broake Rulke É>ince bis arrivait witbin tbis province before lie made sucb Report as is required And alsce ail merchants tiiat bave any goods or Mercliandizes wkatever sball at sucb place or places as is above directed make a true and distinct Entry of ail sucb parcell or parcells of goods or niercbandize be batk aboard sucb sliipp or Yessells according as tbey Cost him at tbe prime Cost And if any différence sbould arise about tbe value of said goods, Tlien tbe Collector or any appointed for tbe Collecon of Said dutyes Customes or Excise may administer to ail cr any sucb persons or persons making sucb Entry tbeir Corporall Oatb, tbat said Entry is according to tbe Invoyce or Invcyces sent to tlieiii front tbe place or places front whence sucb goods did corne. And furtber It is Enacted by tlie autliority aforesaid Tbat if any Master Mate cr purser of any shipp or Yessell wkatever or any Merckant ffactor or otber sball contrarv to tbose rules above prescribed breake bulke or Land any goods and Mereliandize wliatsoever before tbey make report or Entry and pay sucb dutyes as is required by tbis Act: Tken and in sucb (bise tbe Master of such sliipp or vessell That sball break bulke before makeing sucli report as above sball upon proofe of two Evidences forfeit bis said 8bipp or vessell witb ail ber taekle furniture and Amunicon, One tliird to liis Royall Higlinesse, one tbird to tbe Governour of tbe province and one tbird to tbe Informer, to be sued for in any Court of Record witbin tbis province by Bill plaint or Informaeon wkerein noe Essoin proteccon or wager of Law sliall bee allowed And alsoe ail sucb goods as sball be Landed witliout Entry made as afore directed Sball be forfeited upon tbe Testimony of two witnesses One tbird to'his Royall Higlinesse one tbird to tbe Grovernour and one tbird to tbe Informer tbat sball sue as above. AND Bee it furtber Enacted by tbe autbority aforesaid, tbat ail Masters of Sbipps or vessells, tbat are witbin tbis province and doe not belong unto tbis province or any part tbereof and bound to any port witbin or witbout tbis province sball before tbey take in any mereliandize above Expressed corne to such place or places as shall be appointed for the Collecting of tbe Rates Establisbed by tbis Law And there make Entry and Report of tbeir désigné and Enter into bond to tbe value of one thousand pounds witb sufficient suretyes that tbey sball not take on board directly or indireetly any goods or merebandize above recited or Expressed without such permitt or Certificate from tbe Collector or any120 LAWS OF THE COLONY OF NEW YORK. haveing authority under hïm for the same, And if they doe take aboard Contrary to the intent and meaning of this Law, then they shall forfeit said bond, to be sued for within three months after such fact Committed or otlierwise to be void and of noe force and virtue And alsoe for the due and Orderly Colleeon of the Excise above Expressed It is hereby Ordered and Enacted b y the Autliority aforesaid That ail retailers of wine Rum brandy and strong Liquors within this province Shall upon tlieir pur- chase or receipt of ail such Liquor or Liquors before Expressed and Exciseable corne to the office of Excise and there rnake Entry of ail Such Liquor or Liquors as they shall buy and reçoive and pay such dutyes as are hereby authorized And upon default hereof ail Such Liquors as shall be found in any retaliers hou se within this province or Dependencyes as hâve not. beene duely Entred and paid the rates above Expressed; that then in such Case upon the Testimony of two Evidences appearing before any justice of the peace within this province and Dependencyes he shall issue out his Warrant for seizure and Condemning of ail Such Liquors And alsoe the person soe offending shall forfeit three tinies the value of the said Liquors, one third to his Rovall Highnesse, one third to the Governour and one third to the Informer And also ail persons That Shall carrv any Liquors up Hudsons River shall soe soone as they sell such Liquors give notice to the Excise office of ail such parcell or parcells soe sold and pay Such dutyes as are hereby Established under the penalty aforesaid provided Alwaves and it is hereby understood that there shall noe duty be paid nor forfeiture upon any goods or merchandizes that are not Landed within this province or imediatelv transported again without being Sold in this province and Dependencyes provided alsoe That ail Masters or •Comanders of Shipps sloopes boates or any other Vessells belong- ing to this province and its Dependencyes shall repair to the Custome house or other place or places that shall be appointed for that purpose And there Enter into bonds of an hundred pounds That they shall not directly or indirectly take on board and Carry away out of this province any of the aforesaid goods and merchandizes without paying such Rates and Dutyes as are before Expressed. PROVIDED Alwaves that ail merchants qualifyed to trade by the Acts of Navigaeon and regulateing the plantacon trade comeing into this province or any parts thereof be well and Honestly treated and demanded for such things as by this Act is granted without Oppression to Be done to them paying the Dutyes aforesaid. PROVIDED That noe retailers of Liquors under five Gallons or any that sell any Liquor or Strong Liquors shall take any suchLAWS OF THE COLONY OF NEW YORK. 121 Liquors into their houses or Sellars in New Yorke and Albany but by the hands of the sworne porters under the pen<yes aforesaid. This act to be of force imediately after publicacon thereof. [CHAPTER 3.] [Copied from the original in the office of the Secretary of State. The signature of the Governor and the date of the passage of the law is torn from the original bill. The date of its passage, as October 31, is given by E. B. O’Callaghan in Hist. Note to Journals of the Legisla- tive Council of New York, p. 12. That the act was received by the Board of Trade, on February 17, 1684, appears from the transcript of the Journal thereof, in Doc. Bel. to Col. Hist. of N. Y., III, p. 354.] AN ACT for the Allowans to Représentatives. [Passed, October 31, 1683.] WHEREAS the severall Representtatives of the Assembly can- nott Officiate thatt honorable and great Trust reposed in< thern, without being att much Charge. Bee itt therefore Enacted Thatt the wages of every Représentative of the people, shall bee ten shillings in Currant money per day; front the finie of their Corning out, till their returning hume; Provided itt bee within Eiglit dayes before the meeting, and within Eight dayes after the adjourning, prorogueing, or dissolving of the Assembly, & thatt Each County shall beare the Charge of their own Repré- sentatives which sume of money shall bee paid by the Treasurer of each respective place, by Warrant of the President of the Com- issioners within ten dayes after their returne from the said Assembly. [CHAPTER 4.] [Copied from the original in the office of the Secretary of State. That the act was received by the Board of Trade, October 17, 1684, appears from the transcript of the Journal thereof, in Doc. Bel. to Col. Hist., of N. Y., III, p. 354.] AN ACT to divide1 this province & dependences into shires and Countyes. [Passed, November 1, 1683.] Having taken into Consideracon the necessity of dividing the Province into Respective Countys for the better governing and settling Courts in the same. Bee it enacted by the Governor Councell and Représentatives, and by the Authority of the same, Thatt the said province be divided into. twelve countys as followeth. The Citty & County of New York, to containe ail the Island com- monly called Manhatans Island, Mannings Island, and the two 16122 LAWS OF THE COLONY OF NEW YORK Barne Islands, the Citty to bee called as itt is, New York, and the Islands above specifyed tbe County thereof. The County of Westchester to contayn West and Eastehester Brox Land Fordham Annehooks Neck Richbell s, Minfords Island, and ail the land on the Maine to the Eastward of Manhatans Island as farre as the Government extends and the younkers land, and Northward along Hudsons river as farr as the High Land. The County of Ulster to conteyne the towns of Kingston, Hurly and Marbletowne, ffox hall 4& the new Pallz & ail the Villages, neighbourhoods, and Christian habitacons on the West side of Hudsons River from the Murderers Creeke neare the high Lands to the Sawyers Creeke. The County of Albany to conteyne, the town of Albany the County of Renslaerswyck, Schonechteda, and ail the Villages, neighbourhoods and Christian Plantacons on the East side of Hudsons river from Roelof Jansens creeke-, and on the West side from Sawers Creeke to the Sarraghtoga. The Dutchess’s County to bee from the bounds of the County of Westchester, on the South side of the High-lands, along the East side of Hudsons River as farre as Roelof Jansens Creeke, & Eastward into the woods twenty miles. The County of Orange to beginne from the Limmittd or bounds of East and West Jersey, on the West side of Hudson’s River, along the said River to the Murderers creeke, or bounds of the County of Ulster and Westward into the woods as farr as Delaware River. The County of Richmond to conteyne ail Staten Island Shut- ters Island, and the Islands of Meadow on the West side thereof. Kings County to conteyne the severall towns of Boshwyck, Bedford, Brueklin, fflattbush, fflatlands, New Utrecht, & Graves- end with the severall Settlements and plantacons adjacent. Queens County to conteyne the severall towns of Newtowne, Jamaica, Flushing, Hempstead and Oysterbay, with the severall out farms, settlements and plantacons adjacent. The County of Suffolk to conteyne the severall towns of Hunt- ington, Smithfield, Brookhaven, Southampton, Southold, East- hampton, to Montauk point, Shelter Island, the Isle of Wight, Fishers Island, & plumb Island with the severall out farms, Settlements & plantacons adjacent. Dukes County to conteyne the Islands of Nantuckett, Martins Vinvard, Elizabeth Island and no mans Land. The County of Cornwall to conteine Pemaquid, & ail his Roya.ll Highnesses Territoryes in those parts with the Islands adjacent. And fer as much as there is a Necessity of a High Sheriff on every County in this Province, Bee itt therefore enactedLAWS OF THE COLOXY OF XEW YORK. 123 bv the Governor Councell & Représentatives in Generall Assern- bly niett, and bv the autlioritv of tlie sanie, Tliatt there shall bee yearly & every yeare an High $herifî constituted & Com- missionated for each Countv, and tliatt eacli Sheriff may hâve his Under Sheriff, Deputy or Deputvs. [CHAPTER 5.] [The original of this aet is not in tlie office of the Secretary of State. This copy was made from the manuscript compilation of the “ Dongan laws,” formerly in the office of the Secretary of State, but now in the New York State Eibrary. The date of its passage as November lst, is given by E. K. O'Callaghan, in Hist. Int. to the .Tournais of the légis- lative Conncil of New York, p. 12. Tliat the act was received by the Board of Trade, on February 17. 1084, appears from the transcript of the Journal thereof, in Doc. Rel. to Col. Hist. of N. Y., III, p. 354.] AX ACT for naturalizing ail those of forreigne Xations at oresent inliabiting witliin this province and professing Cliristianity, and for Encourage- ment of others to corne and Settle within the Same. [Passed, November 1. 1GS3.] ffOR AS YTCH as Severall persons of diverse forreigne Xations professing Cliristianity, now are and for diverse yeares past liave beene aetuall and settled dwellers and inhabitants within this province under tlie allegiance of his Majestye of Great Rrittaine our dread Sovereigne, and the obedienc-e of his Royall Higlmesse, and soe desire to continue and romaine and be naturalized and become as liis Majesties naturall borne Subjects BEE It Enacted by the Governour Councell and représentatives now assenibled and by the autlioritv thereof That Ail and everv sucli person or persons of what forreigne Xation soever they bee professing Cliristianity, and that now are aetuall inhabitants within this province and hâve taken or Subscribed or tliat shall take or subscribe to the oatli of allegiance are and Shall be liereby naturalized, and in ail respects be accounted and Esteemed as his Majesties naturall borne subjects and shall bave and Enjov ail Sueh privilèges freedonies and imunitves, within this province as other his Majesties subjects doe liave or Enjoy pro- vided nothing Conteined in this act, is to be Construed to dis- charge or Sett at Liberty any servant bond man or slave but onlv to hâve relacon to sueh persons as are fïree at the Makeing hereof. AXD BEE It further declared and Enacted by the Authority aforesaid tliat ail and Every person and persons ferreigners of what nation soever professing Cliristianity that at any time liere- after shall corne and arrive within the said province with an124 LAWS OF THE COLOXY OF XEW YORK. intent to become liis Majestyes subjects and to. dwell Settle and inhabitt witliin the saine and sliall tliere dwell settle and inhabité accordingly and take tlie Oatli of allegiance to his said Majestye and fidelity to liis Royal 1 Higlmesse tlie Lord proprietor of tkis province Every Su ch person or persons may be naturalized by act of Assembly and froni tlienceforth sliall in ail respects be acconnted deemed and Esteemed as liis Majesties Xaturall borne Subjects, and sliall hâve and Enjoy ail sucli priviledges free- doines and iimnunityes witliin this province as otlier his Majestyes Subjects hâve and Enjoy. [CHAPTER 6.] [Copied ïrom tlie original in tlie office of tlie Secretary of State. Tliat the act was received by tlie Board of T rade, on February 17, 1684, appears from tlie transcript of tbe Journal tliereof, in Doe. Bel. to Col. Hist., of N. Y., III, p. 351.] An act for Repealing the former Lawes ab't Country Rates and allowance to the Justices of the l’eace. [Passed, Xovember 1, 16S3.] WHEREAS by the Lawes of this Province itt is ordered that an annuall Rate or Tax coimnonly called the Country Rate should bee paid by the Inhabitants on Long Island of one penny in the pound according to the Yaluacon of tlieir Estâtes, to be levved by the Higli Sherifï and Constables of eacli respective Riding, and paid towards the defraying the publique charge. And whereas by the said Lawes it is ordered and provided tliatt every Justice of the peace sliall liave an allowance of twenty pounds annum to bee paid ont of tlie publique Rates towards the defraying tlieir necessary charges over and above wliat may arise out of the fines and amerciainents not otherways disposed of. And forasmuch as provision is otherwise made for the defray- ing the said publique charges, Wee the Représentatives do pray that itt may be enacted, and P»ee it enacted by the Governor Councell and Représentatives in Gcnerall Assembly met and by the Authority of tln^ same, That ail and every clause and clauses conteyned in the aforesaid Law entitled CHARGES PUP»LIQPE, relating to the said Country Rate and the said clause conteyned in the said Law Entituled JFSTICES OF THE PEACE. relateing to tlieir allowance as aforesaid, be and are for ever hereby abso- lutely repealed made null and void to ail intents constructions and purposes whatsoever. any thing in the said Laws to the con- trary hereof in any wise nottwithstanding.LAWS OF THE COLOXY OF XEW YORK. 125 [CHAPTER 7. [Tlie original of tliis act is not in the office of tlie Secretary of State. Tliis copy was made from tlie manuscript compilation of tlie “ Dongan laws,” formerly in tlie office of tlie Secretary of State, but now in tlie New York State Library. The date of its passage, as Xovember first, is given by E. B. ( VCallaglian, in Hist. Int. Note to Jotirnals of the Legis- lative Council of New York, p. 12. Tliat the act was received by the Board of Trade. on February 17, 1084, appears from the transcript of the Journal thereof, in Doc. Rel. to Col. Hist., of N. Y., III, p. 354.] AX ACT to settle Courts cf Justice. [Fassed, Xovember 1, 1GS3.] ffOR the more orderly hearing and determining of matters and Cases of Controverse betweene party and parte and for the due Execueon of the Lawes Bee It Enacted by the Governor Councell and Représentatives in Generall Assemble and by the Authority of the saine That in Every Towne in and throughout tliis province tliere be one Court lield mcnthly and Every month throughout the yeare on the first wednesday in the month for the hearing and determining of small causes and Cases of debt and tresspasse to the value of forte Shillings or under Wliieli Cause and Cases Sliall be lieard tryed and determined by tliree persons to be Comissienated for that purpose witliout a Jury. The processe of warning to this Court sliall be a, Sumons under the liand of and of the Comiconers by a Messenger belonging to the said Court whicli being personally served by liim or left at the Défendants house four dayes before the Court, sliall bee suffîeient authority to and for the members of the said Court to prcceed on such cause or Causes and détermine the sanie in the Défendants absence if the member of tlie Court see not cause to the Contrary and to grant Execueon tliereon against the Défendants person, and for want thereof his Estate, which the messenger sliall and may serve, Alwayes provided, and bee it further Enacted by the authority aforesaid, That if the plaintiff or Défendant sliall desire a Jury, It sliall be allowed, but at the propper Costs and Charges of the person desireing the Saine. AXD that Justice may neither be denyed nor deferred, Bee It further Enacted by the authority aforesaid, That from henoe- forth tliere sliall be lield and kept within Every County of the said province Courts of sessions yearly and Every yeare for the hearing tryeing and determining of ail Causes and Cases tliere brought and Comenced, As well Cases and Causes Crim- inall, as Cases and Causes civill betweene party and party which Cases and Causes shall be tryed by the Verdict of tweive men126 LAWS OF THE COLONY OF NEW YORK. of the neighbourliood within the County wliere tlie fact shall arise or grow whetlier tlie same be by Indictinent Informacon declaracon or otlierwise against tlie person Offender or défend- ant and that the Judges or Justices of the respective sessions Shall be tlie Justices of peace of Every the said respective Countys or three of them at the least, To wliich Court Shall belong, one Clerke of the Sessions or Clerke of the peace, To draw, enter, and keep the Records of Indictments, Informacons, and Declaracons, pleas, Judgments, and pioceedings tliere to be had and made, and one Marshall or Cryer of the Court to call the Jurors and proclame the Comands and Orders of the Court, And for the Regular proceedings in the said Court, ail processe and Sumons of persons to appeare, and to Exécuté the Judgments and Execucons of this Court shall be directed to the Slierifïe of tlie County, and Executed by liim, his under Sheriffe or Deputy or Deputyes And ail processes and writts for accons. betwixt party and party in the said Court, shall issue out of the Office of the Clerke of tlie peace or Court of sessions, in Eacli County respec-tively, signed Curiam. PROYIDED Ahvayes and be it furtlier Enacted, by the author- ity aforesaid, That the said severall and respective Courts of sessions, shall bee held and kept yearly at the respective times, and places liereafter Expressed That is to say, for the County and Citty -of New Yorke, the first tuesday in ffebruary, the first tuesday in May, the first tuesday in August, and the first tuesday in November yearly and Every yeare at the Citty Hall of the said Citty, ffor tlie County of West Cliester the first tuesday in June, and the first tuesday in Hecember yearly and Every yeare, the one to be held at West Cliester and the other at East Cliester, ffor the County of Elster, the first tuesday in Mardi, and the first tuesday in September at Kingston, ffor the County of Orange the second tuesday in Mardi, and the second tuesday in September. ffor Hutcliesse County the third tuesday in Mardi, and the third tuesday in September. ffor the County of Albany, the first tuesday in Mardi, tlie first tuesday in June, and the first tuesday in September, at the Towne Hall of Albany. ffor tin» County of Richmond tlie first tuesday in Mardi, and tlie first tuesday in September. ffor the Kings County the first tuesday in Aprill, and the first tues- day in Oetober at Oravesend. ffor the Queens County the second tuesday in Mardi and the second tuesday in Oetober at Jameca. ffor the County of Suffolke the third tuesday in March. and the third tuesday in Oetober to be held at Southampton and Southold respectively. ffor the Dukes County to be referredLAWS OF THE COLOXY OF XEW YORK. 127 to the üovernour and Councell. And the County of Cornwall likewise to be referred to the Governour and Councell. AXD That there be noe defect of Justice, Rut that ail and Every the Inhabitants of the province may hâve and Enjoy ail propper waves and means to recover and hâve their just Rights within the sanie according to Law BEE it further Enacted by the authority aforesaid that annually and Every yeare there shah be within the said province, and in Eaeli respective County within tlie saine, a Court of Oyer and Terminer and Generall Goale Delivery, wliich said Court shall hâve power and Juris- dicon to heure try and détermine ail matters Causes and Cases Capitall Criminall or Civill, and Causes tryable at Comon Law, in and to wliicli said Court, ail and Every person and pensons whatsoever, shall or may, if tliey see meet remove any Accon or suite, the debts or damages laid in such Actions or suite being five pounds or upwards, or shall or may by warrant Writt of Errer or Certiorari remove ont of any inferior Cuurt any Judgment Informacon or Indictment tliere liad or depending and may Correct Errors in Judgment or reverse the sanie if there be just Cause for itt. The members of wliich Court shall be a Judge assisted witli four of the Justices of the peace of tlie County, wlio shall be Comissionated for that purpose Alwayes provided and Bee it further Enacted by the authority aforesaid, That this Court of Oyer and Terminer and Generall Goale Delivery shall sitt and hold Court in the Citty and County of Xew Yorke, on the first wednesday in Aprill and the first wednesday in Oetober at the Citty Hall of the said Citty. In the County of West Chester, the first Wednesday in December. fïor the County of Ulster the first wednesday in June, ffor the County of Orange the second Wednesday in June. ffor the Dutchesses County tlie tliird tuesday in June. ffor the County of Albany, the second wednesday in May. ffor the County of Richmond the tliird Wednesday in Oetober. ffor the Kings County the last wednesday in Oetober. ffor the Queeiis County the first wednesday in Xovember. ffor the County of Suffolke, The second wednesday in Xovember, one yeare to be held at Soutliampton, and the next successively at Fkmthcld ffor the Dukes County, and County of Cornwall to be referred to the Governour and Councell as aforesaid. PROVIDED Alwayes and be it further Enacted by the authority aforesaid that noe persons Right or propertv shall be by this Court Determined, Excepting where matters of ffact are either acknowledged by tlie partyes, or Judgment be acknowledged, or passes by the Défendants faults, for want of plea or Answere,128 LAWS OF THE COLONY OF NEW YORK. unlesse the ffact be found by the Verdict of twelve men of the neighbourhcod, as it ought of Rigbt to be doue by the Law. BEE It furtlier Enacted by the authority aforesaid, That there shall bee a Court of Cliancery within this province which said Court shall hâve power to heare and détermine ail matters cf Equity and shall bee Esteemed and accounted the Suprême Court of this province And be it further Enacted That the Governour and Councell bee the said Court of Cliancery, and hold and keep the said Court; And that the Governour may Député or nominale in his stead a Chancellour, and be assisted with such other persons, as shall by him bee tliought fitt and Convenient. Together with ail necessary Clerkes and other officers as to the said Court are needful. PROYIDED Alwayes, And Bee it further Enacted by the author- ity aforesaid, tliat any inhabitant, planter or ffreeholder, within this province may hâve Liberty if liee or they see meet to make his or their appeale or appeales, from any Judgment or Decree obtained against him or them in the Higli Court of Chancery or any of the Courts of Oyer and Terminer and Generall Goale Delivery, to our Sovereigne Lord the Iving, as in the Letters pattents to his Roy ail Higlmesse, is inserted. PROYIDED Alwayes and Bee It Enacted by the authority afore- said that the party or partyes soe appealing, shall first pay ail Cost of such Decree or Judgment from which tlie appeale ariseth, and also ail debts Costs and Damages adjudged against him or them in any other suite or suites accon or Accons within this province, and give in two suffi dent suretyes by Recog- nizance double the value cf the debt, matter or thing recovered or obtained by Judgment or Decree against him or them to the said Court for prosecuteing the said Appeale or Appeales with Effect, And make returne tliereof within twelve months after the said Appeale or Appeales are made, and to pay ail Costs damages and Charges if Cast upon the said Appeale or Appeales, Alwayes provided that if the Appellant shall not proseeute such Appeale or Appeales with Effect and make returne thereof within the said twelve months, then Execucon to issue out against the Appellant or his suretyes for the debt damages matter or thing recovered against him, and ail Costs of Suite, occasioned by such appeale. PROYIDED Alwayes And bee it further Enacted by the Author- ity aforesaid, Tliat noe Appeale shall lye unlesse the debt dam- age matter or thing sued for shall be or amount to the sume of one hundred pounds any thing to the Contrary hereof in any wise notwithstanding.LAWS OF THE COLOXY OF NEW YORK 129 [CHAFTER 8.] [Copied from the original in tlie office of the Secretary of State. That tlie act was received b y tlie Board of Trade, on February 17, 1GS4, appears from the transcript of the Journal thereof, in Doc. Rel. to Col. Hist., of N. Y., III, p. 354.] An act to prevent wilfull Perjurv. [Passed, Xovember 1, 1GS3.] ffor the better prevent the crying sin of Perjurv and that ail due punisliment may bee inliicted en such persons as willfully committ the saine; I>ee itt enacted by the Governor Councell & Représentatives and by the Autliority of the sanie, Thatt ail and every such person and persons. wliicli att any time after the first day of Xovember coming sliall unlawfully & corruptly procure any Witnesse or Witnesses, by Letters, Rewards, Prom- ises, or by anj’ other Sinister and unlawfull labour and means whattsoever, to committ any Wilfull and Corrupt Perjurv in any matter or cause wliatsoever now depending, or which here- after sliall dépend in suit & variance by any writt, action, Bill, Complaint or Informacon, in any wise touching or con- cerning any Lands, tenements or hereditaments, or any Goods, cliattles, délits or damages, in any of the Courts witliin tliis Province; Tliat then every such Otîender or Offenders sliall for his or their said Offence being thereof Lawfully convicted or attainted, lose and forfiett the sume of lïorty pounds Sterling. And if itt happen that any Offender or offenders soe being con- victed or attainted as aforesaid nott to hâve any goods, ci* Chattells to the Value of forty pounds; that then every such person being so convict or attainted of any of the offences aforesaid shall for his or their said offence suffer imprisonm't by the space of one lialf yeare, without Baile or ^rain]irise, and to stand upon the Pillory the space of one whole hour in some towne next adjacent where tlie offence was comitted, or in the towne itt self where the Offence was committed. And thatt no person or persons being soe convicted or attainted to be from tlience fortli received as a witnesse to bee deposed and sworn in any Court of Record witliin this Province untill such time as the Judgment given against such person or persons shall bee reversed by attaint or otherwise, and that upon every such reversall the Partys grieved to recover his or their damages against ail & every such person and persons as did procure the said Judgment so reversed, to bee first given against them or anv of tliem bv action or actions to bee sued ^ 17130 LA.TVS OF THE COLOXY OF XEW YORK. ui)on his or tlieir case or cases, according to the Common court of the laws of tliis Province. And l>ee itt further enacted b y the autliority aforesaid thatt if any person or persons after the said iirst day of Xovember ii(*xt coming, eitlier by the Subernacon, unlawfull procurement, sinister perswasion, or means of any otlier, or by tlieir own a et consent or agreement willfully and corruptlv commit any manner of willfull per jury by liis or tlieir Déposition in any of’tlie Courts before menconed Tliat tlien every person or per- sons so offending, and being tliereof duly convicted or attainted by the laws of tliis Province, sliall fer liis or tlieir said offence, lose and forfeit forty pounds, and to hâve imprisonment by the space of one wliole yeare witliout baile or mainprise, & the oath of sucli Person or persons so offending from tlience fortli nott to bee received in any Court of Records within tliis Province untill sucli time as the Judgment given against the said person or persons sliall bee reversed by attaint or otlierwise, & thatt upon every such reversall the partys grieved to recover his or tlieir damages against ail & every such person & persons as did procure the said Judgment so reversed, to bee given against him or any of tliein by action or actions to bee sued upon his or tlieir case or cases according to the Common Course of the Law. And if itt happen that the said effender or offenders so offending nott to hâve goods or chattells to the value of forty pounds, thatt then hee or they to bee sett on the Pillory (in sonie publique place within the Shire Citty or Borrough where the said offence sliall be committed) by the Slieriff or his Min- isters and tliere to bee branded with the letter P in ye fore- lieade, and from tlience forth to bee discreditted and disabled for ever, to be sworne in any of the Courts of record within tliis Province untill such time as the Judgment sliall bee reversed and thereupon to recover his damages in manner & form before menconed. The one Moyety of ail whicli summs ofmoney, goods & cliattles to be forfeited in manner and forme aforesaid to bee to his Roy ail Highnesse his Heyres and Successors, & the otlier moyty to such person or persons as sliall be grieved hindred or mo’ested by reason of any the offence or offences before menconed, that will sue for the sanie by action of Debts, Bill, plaint, Informacon or otlierwise in any of the Courts of record within tliis Province, in wliicli no wager of law, Essoine, protection or injunction to bee allowed. Provided alwayes & be itt further Enacted by the autliority aforesaid thatt in ail Cases of life and Member, the personLAWS OF THE COLONY OF NEW YORK. 131 or persons so offending as is before expressed shall suffer and undergoe suck punishment or punislmients as the person or persons against wliorne kee or tkey bore sucli false witnesse did or sliould kave undergone. Provided always & bee itt furtker enaeted by the autkority aforesaid tliatt if any person or persons sliall out of a Tender Conscience refuse to give kis Evidence on oatli in any matter or tliing depending in any of tke Courts of tkis Province tliatt in ail suck Cases, tke party or partys refusing tke sanie sliall give in or deliver tlieir Evidence or Testimony in nianner and forme following Tliat is to say I .V. B. do soleninly promise as in tke présence of Ood to speak tke trutli, tke wliole trutli, and notking butt tke trutli, to tke matter or tliing in Question: And in case any person or persons soi1 called to évidence, and declaring as aforesaid sliall Afterwards bee convicted of Avill- full falsekood, suck person or persons sliall suffer and undergo tke same puniskment as in cases of willfull perjury is appointed & provided. Provided al waves & bee it furtker enaeted by tke autkority aforesaid, tliatt ail persons called to testify tkeir knowledge in any matter or tking in any Court skall deliver tlieir evidence viva voce, and tliat déposition in writing skall bee taken for evidence in any Court unlesse tke party or partys so deposing skall kappen to bee beyond tke Seas, Out of tke Government, or tliatt tkrougk otker inévitable accidents tliere is an impossi- bility of tkeir being présent. [CHAPTER 9.] [Copied from the original in the office of the Secretary of State. Tliat the act was received by the Roard of Trade. on February 17. 1084, appears from the transcript of the Journal tliereof. in Doc. Rel. to Col. Hist., of N. Y., III, p. 354.] An Act for tke Defraying of tke publique & necessary Charge of eacli respective Citty, towne and County tkrougkout tkis Province & for maintaining tke poore, & preventing vagabonds. [Passed, November 1, 1083.] Bee itt enaeted by tke Governor Councell & Représentatives in Generall Assembly & by tke Autkority tliereof Tliatt anualîy or once everv yeare tliere skall bee elected a certaine number out of eack respective Citty Towne and County tkrougkout tkis Province to be elected Sz chosen by tke Major part of ail tke ffreekolders and Freemen, whicli certaine Number so duely elected skall kave full power Sz autkority to make an Assess- ment or certaine Rate within tkeir respective Cittys, Townes132 LAWS OF THE COLOXY OF XEW YORK. and Countyes anually & once every yeare whicli assessment & certaine Rate so establislied as aforesaid sliall be paid into a certaine Treasurer wlio sliall bee cliosen by tlie major part of ail the ffreeliolders & ffreemen of Eacli respective Citty, town and County; Winch Treasurer so duely cliosen sliall make sucli paument for the Defraying of ail tlie publique and necessary charges of eacli respective place above nienconed as sliall bee appointed by the (Ymmissioners or tlieir President tliatt shall bee appointed in each respective Citty, Towne and County witliin tliis Province ffor the Huperviseing the publique alïairs. & charge of each respective Citv Towne & Countv aforesaid. ° it ' And Ree itt furtlier provided by the Autliority aforesaid tliatt the Treasurer for each respective City, Towne and County sliall keep a distinct bock of ac-counts contayning a perticular account of ail the moneys rates and assessments aforesaid; & also of ail disbursements & payments of nioney by Warrant aforesaid, & once in every year hee sliall bring his accounts to su ch persons as shall be appointed for the Auditt of the sanie, under the penalty of one liundred pounds except prevented by Death or Sicknesse. ; And fartlrer Whereas itt is the Custome & practice of his Majestys Realm of England, and ail the adjacent Colonys in America that every respective County Citty towne parrish & precinct dotli take care & provide for the pocr who do inliabit in tlieir respective precincts aforesaid. Therefor itt is Enacted by tlie autliority aforesaid tliatt for the time to corne the respective Commissioners cf every County, Citty, Towne, parisli Precinct, aforesaid shall make provission for the maintenance support of tlieir poor respectively. And for the prévention and disccurageing of Yagabonds and Idle persons to corne into tliis province from other parts, and also from jone part of the Province to another; Bee itt enacted by the autliority aforesaid. Thatt ail persons tliatt shall corne to Inhabit witliin this province or any part or place tliereof, and liatli nett a Yisible Estate, or liath nott a manuall craft or occupacon shall befor hee bee admitted an Inhabitant give suffi oient Recurity thatt hee shall nott bee a burtlien or charge to the respective places hee shall corne to inhabitt in which Security shall Continue for two yeares. provided allways thatt ail those thatt hâve manuall Crafts or occupacon niay att ail tinies corne and Inhabitt in any part witliin this Province & bee always admitted, Provided hee maketh applicacon eight days after his arriiall into any Citty Towne or County aforesaid unto sucli porson or persons as are appointed for the Groverning the respective parts afores’d.LAWS OF THE COLOXY OF XEW YORK. 133 And also ail vessels tliatt shall bring any passengers in ta this province, tlie Master of any sucli vessells sliall witliin four and twenty liours after arrivall bring a list of ail sucli passen- gers liee brings into tliis Province witli tlieir Qualityes & Cou- dicons unto tlie Cliiefe Magistrate of eacli respective Citty, County, Towne, aforesaid, under tlie penalty of tenne pounds current înoney of tliis Province. Ahvays provided tbatt if any vessell bring in any person not qualified as aforesaid, nor able to give security for tlieir well demeanor; Tliatt and in sucli case tlie Master of said vessell or vessells sliall bee obliged to transport ail sucli persons to tlie place front wlience tliey came or att least eut of tliis province and dependences; And also if any Vagabonds, beggars or otliers, reniove from one county to anothere and cannot give security as aforesaid itt sliall be lawful for tlie constable to returne sucli persons to tlie county from whence they came. [CHAPTER 10.] [Copiée! from tlie original in tlie office of tlie Secretary of State. That tlie act was reeeived by tlie Board of Trade, on February 17, 1084, appears from tlie transcript of tlie Journal tliereof, in Doc. Rel. to Col. Hist., of X. Y., III, p. 354.] An act for rewarding of those who destroy Wolves. [Passed, Xoveinber 1, 1083.] Be it enacted by tlie Govern'r Councill & RepFsentatives in GenTl Assembly met and Assembled and by tlie autliority of the same Tliatt wliattsoever Christian shall kill a grown wolf upon Long Island; hee shall bee paid twenty shillings P. head, in the County wliere itt shall so happen (tlie saine being proved as in ye Law is sett forth) & for a whelpe about a halfe a Yeare old, he shall bee paid lialfe so mucli. Tliatt wliattsoever Indyans sliall in like manner Kill any wolfe cr wolvès, they sliall bee paid a Match Coate for each, or the Value wliich is computed to bee twelve shillings & for a Whelpe lialf so mucli, to bee paid as before, of wliich the Officers for publique affairs in each towne of the Countyes are to take rare tliatt the same bee duly satisfyed. And for killing the Wolves in other parts of the Government Tliatt itt bee left to the Magistrates or Officers in the severall Countyes to give wliatt reward they shall think fitt, for Killing Wolves witliin their preeincts. Only tliatt the same reward be given for Killing of Wolves for Staten Island as for Long Island.134 LAWS OF THE COLOXY OF NEW YORK. [CHARTER 11.] [Copied from tlie original in tlie office of the Secretary of State. That the aet was received by tlie Board of Trade, on February 17, 1684, appears from tlie transcript of tlie Journal tliereof, in Doc. Bel. to Col. Hist., of N. Y., III, p. 351.] An act to prevent damages done Swine. [Passed, Xovember 1, 1083.] Wkereas we hâve foimd by daylv Expérience Tliatt Swine are Créatures that occasion trouble and différence among Xeigli- bours and rallier prejudiciall than beneticiall to the Province wliile they hâve liberty to run att randeme in tlie woods or Townes, they beiiig so obstructive to the raising of Corne in the Province and spoiling the meadows in the respective towns; P»ee itt therefore Enacted biT the Govern’r Councell & Repré- sentatives in Generall Assenibly and by the Authority of the sanie tliatt no Inhabitant or Freeliolder within this Province and througliout the sanie Except in ye Colonie off Rense- leurs Wicke shall or may Iveep any Swine small or great butt whatt. hee or they shall keep within tlieir own Land and fence or att least secured by the Owners tliereof from tresspessing on tlieir Neiglibcurs and if any shall be found att liberty, in the streets meadows, or upon any otlier mans fenced or Inclosed lands after the first day of Mardi next ensuing the date hereof, itt shall be lawfull for any one so finding tliem, cr meeting witli them, to kill them or take tliem up; One third part of such swine, shall go to the Fse of tlie person wlio shall Kill or take up the same, & the other two tliirds to the Constable of the towne or place tliatt shall take the sanie into his Custody, being only accountable to answer one jienny pr. pound, or one lialf of the said two thirds, to bee disposed for tlie publique use of the Towne. [CHAPTER 12.] [Copied from the original in tlie office of tlie Secretary of State. That the act was received by the Board of Trade, on February 17. 1G84, appears from the transcript of the .Tournai tliereof, in Doc. Rel. to Col. Hist, of N. Y., III, p. 354.] An act for the due regulacon & proceedings on Execucons. Returnes of Writts, & confirming the Fees usually taken by Officers &c. [Passed, Xovember 2. 1683.] Bee itt enacted by the Governor Oouncill and Représenta- tives in Generall Assenibly now mett & assembled and by theLAWS OF THE COLON Y OF NEW Y ORK. 135 authority of the saine, Tliatt itt sliall bee at tlie choice and liberty of every ITaintitf to take out Exeeucon on any Judg ment recovered in any Court of Record witbin tliis Province either to bee levyed by Extent on the Défendants lands or aginst tlie defts goods and eliattels & for want thereof bis person. And that wlien and so often as the Slierilî of any County sliall bave any writt ef Eeeeueon delivered to bim out ot* any Court of Iteeord witbin tliis Frovince to levy upon tbe goods and ebattles of any Défendant, or for want tbereof bis person, Tbe Sberilf sliall witb ail concernent speed duely execute tbe sanie according to tbe tenure of the said Execution and make returne tbereof accordingly wliere returnable, & in case tbe said Sheriff sliall by vertue tbereof levy sufïicient goods and ebattles to satisfy tbe saine; tlien in case tbe defend't do nott witbin lïifteen days otlierwise give satisfaccon; Tbe said Sherifï is to expose tbe said goods and Chattles so levyed to sale att a publique outery in tlie towne wbere tbe saine sball bee levyed, & sell & dispose tbereof to tlie liigbest bidder to raise tbe sum of money or other specie and Co-sts in tbe said Exeeucon mentioned '& ccnteyned, witb tbe incidental charges, and make sattisfaccon to tlie party accordingly. And in Case tbe said Goods, and Cbattels exceed tbe debt or damage and Costs, tlien tbe Overplus to be returned to tbe Deft. Butt wbere. no goods or cbattells can be found & tbe Exeeucon be levyed on tbe Defend’ts person tbe Sheriff is to keej) bim in safe eustody untill satisfaction bee given for tbe Debte or damages witb tbe Costs and charges aforesaid. And Bee itt further enacted by tbe Àutliority aforesaid, That wbere any Writt of Exeeucon sball be directed to tbe Sheriff of any County out of any Court of Kecord witbin this Province to levy any sume or sûmes of money or any thing, goods, or Comoditys wbattsoever, Costs and Charges as aforesaid by extending tbe Defend’ts Lands, tbe said Slieriff sball witb ail convenient speed duly execute tbe sanie By putting tbe plaintiiï, bis Attorney or Agent into tbe quiett possession of tbe Defend’ts Lands there to remaine untill by tbe Rents, Issues, & proffîtts tbereof hee shall bee sattisfyed tbe Debts or Damages witb the Costs and Charges Aforesaid. And tbe said Slieriff sball likewise make returne of tbe said Writts, and of bis proceedings therein, menconing tbe land hee hatli put tbe plaintiff in possession of according to the tenure and true intent of tbe said Writt of Exeeucon where the same sball be returnable. And bee itt further Enacted by the Authority aforesaid, That t ail Writts of wbat nature136 LAWS OF THE COLOXY OF XEW YORK. soever thatt shall issue fortli of any Court of Record within this Province shall bee returnable into tlie said Court tliey proceeded from att tbeir next sitting after tlie Date of tlie said Writt; Provided tliere bee fifteen days between tlie Test and tlie returne thereof, otlierwayes to bee returnable tlie next sitting of tlie said Court after tlie said fifteen days expired. Frovided always tliatt notliing in tliis act ccntayned shall bee construed to the Infringement, Préjudice, Ifindrance or Alteraecn of any Liberty, privilège, Custome, practice or Fsage granted or used & practiced in the Citty & Corporation of Xew Yorke. And be it furtlier enacted by tlie Authority aforesaid, thatt ail fees thatt now are and hâve been appointed, authorized, usually taken and received by the Sheriffs Clarks of Courts & other ofiicers, and Jurynien, & for publique charge on accons within tliis Province, shall bee and romaine the sanie as for- merly, tliey were & now are, to be received payed and accounted for as formerly, Fntil any alteracon shall be made therein, or order to the Contrary by act of Generall Assembly. [CHAPTER 13.] [Copied from the original in tlie office of tlie Secretary of State. That the act was received by the Board of Trade. on Fehruary 17, 1084, appears from the transcript of the Journal thereof. in Doc. Rel. to Col. Hist., of N. Y., III, p. 354.] An act of Settlement. [Fassed. Xovemher 2. 1083.] fïOR AS MT^CH as tlirougli the many alteracons which within this Province liave happened by the Fortune of the warrs, and other inévitable accidents severall of the Inhabitants & ffree- holders of the said Province hâve been deprived of their deeds, grants, Tatents or other instruments of writting by which tliey might make a]»penre their severall & respective Riglits to their Lands tenements & possessions. And for as mucli as severall Tracts of Lands liave been formerly taken up and pattented, and through hope of Lucre or gaine never s(dtled or improved according to tlie manner and Customes of other Plantacons to the gr(-at obstruction of tlie goods, & settlement of the said Trovince. R(je itt enacted by the Governor Councell & Repré- sentatives now in Generall Assembly met, and by the authority of the sanie; Thatt whattsoever person or persons who by him- self or Agent liave in his own riglit actually been in the pos- session and enjoyment of any Tracts of Land, liouse or Planta-LAWS OF THE COLOXY OF NEW YORK. 137 con by Yertue of auy power or autliority dérivée! from bis Royall Highnesse James Duke of Yorke & Albany &c, and occupyed, manured, and improved tke sanie for A during tlie space of foure yeares preceeding tlie Date liereof; and sliall continue so to occupy possesse manure and improve tlie said Tracts of Land bouse cr bouses Flantacon or plantaeons untill tbe terme & time of fifteen montlis be fully compleated and ended to be accounted from tbe tirst day of tbis présent Session of Assembly, witbout any Legall claime demand or recovery from any otber person or persons, legally claiming, pretending to, or demanding tbe sanie sliall bee accounted and esteemed tbe riglit and law- full Owner of tbe said Land, bouse or bouses, plantacon or Plantacons, and tbat tlie said Tract or Tracts of Land, bouse or bouses, plantation or plantations are bereby ratifyed and confimied to tbe party or partyes so occupying, possessing, and enjoving tbe sanie as aforesaid, and to bis or tbeir respect- ive lierres & assignes for ever, saveing to bis Royall Higbness bis Rigbt and Interest. Provided al waves tliatt notbing ccntayned witliin tbis act sliall bee intended or construed to tlie préjudice or liindrance of tbe title or claime of any persons under âge frome Covert, non Compcs mentis, imprisoned or beyound tbe Sens, as is pro- vided in an act, intitled, An Act for quietting mens. Estâtes and limitacon of certaine actions made tbis présent Sessions of Assembly Any tliing conteyned in tbis act to1 tbe contrary liereof in any vise nett withstanding. I»e it furtber enacted yt evrey représentative bave a Coppy liereof and publish ye sanie tliree severall dayes in ye towne bouse of eacli respective Towne in tbis province, w'tliin foure montlis affter ye tbird day of November one tbousand six bundred eigbty and tbree. [CHAPTER 14.] [Copied from the original in tlie office of tlie Secretary of State. That the act was received by tlie Board of Trade. on February 17, 1684, appears from tlie transcript of tlie Journal tliereof, in Doc. Bel. to Col. Hist., of X. Y., III, p. 354.] A BILL ffor a lïree and Yoluntary Posent To Tbe Govern’r. [Passed, Xovember 2. 1686.] Y"ee tbe Rep'sentatives in G-enerall Assembly out of ye Dutifull respect we bear to his Royall Higbness and in acknowl- edgement of ye many great favours conferred on us by bis bon’ble Govern'r Coll Thomas Dongan as we conseive ourselves in Duty bound C-annot but according to our abilitv’s make some 18138 LAWS OF THE COLOXY OF XEW YOBK. more suitable retu nie tlian barely owing ye great advantages we liave re'd thereby, Wherefore as a signall testimony of our satDfacon therein we Do liereby Iïreely and Yoluntarily Give and p'sent Unto oh* s'd GovernY and Doe Desire tliat lie would as iïreely accept and receive from us one penny for every pounds val lue of ail ye Eeall Pe'rsonall & visible Estate of ail and Every ye lïree hold'rs & inhabitants in this bis B'11 H'sses Province vo be Eeceived Collected and leveyed in nianner & fomie following. Therefoie wee liumbly pray that it inay be Enaeted and be it Enacted by ye GovernY Councill and Eepre- sent atives of ye s'd Province that ail & Every ye p'sons lierein after named are liereby appointed Comissioners for putting in Execucion this p'sent act and ye powers tlierein contained within ail and Every ye severall and Eespective County's herein after MenVoned iïor ye Citty & County of Xew Yorke MT William Beekman Mayor M'r John Lawrence MT Cornélius stenwyek and M’r John Juyans. Iïor ye County of Lister. Capt. Thomas Cambors MT John Joost Mj\ William Asfordby M'r Wesselten Broeck. ifor ye County of Albany MT John Jansen Blycker MT Jacob Sandors M’r Martin Goritz M'r John Yan Epps. Iïor the Dutclies County. ffor ye County of Orange. iïor ye County of Westchester MT John Tell M'r Walter Webley Mr. William Eichardson MT John Archer. ffor ye County of Bichmond Capt. John Palmer Mr. Phillip Wells Capt. Cornélius Corsen Capt. Bicliard Stillwell. ffor ye County of Suffolk Capt. Josiali Hobart M'r Joseph fford- ham M'r Thomas Mapes Jun'r M'r Epinctis Platt. ffor Kings County M'r Baloffe Marten M'r Samuel Spicer Mr Cornélius Jansen Berry M'r William Moris of ye Xewlottee. ffor Queens ('ounty Capt. Thomas Townsend M'r John Jackson MT Mathiass Harvey M'r Edward Stevens. ffor Dukes County. ffor The County of Cornwall. Whicli said Commissioners in ord'r to ye speedy Execution of this act sliall in tlieir Eespective Countyes meet together within sonie convenient place within Each of ye s'd Countyes Eespeetively at or Before the tentli day of Deeember next comeing and ye s'd Com'rs sliall Direct tlieir sev'all or Joynt pr'cept or pr'cepts to each Eespective towne within tlieir County requiring ye inhabitants of ye s'd towne to meet together and make clioice of sueli numb'r of persons as they in tlieir Discrétion sliall tliink meet to the p’sent Assessors Eequiring them to appear before ye s'd Com'rs at sueh time andLAWS OF THE COLONY OF NEW YORK. 139 place as tkey shall appoint not exceeding eigkt days and at suck tkeir appearances ye s’d Comiss’rs or soe many of them as shall be there unto appointed sliall openly read or cause to be read unto tbemi ye Rates in this act mentioned and how and what mann’r they ought & sliould make their Certificates according to ye Rates afores’d and sliall then and tliere p’fix an other day to ye s’d p’son to» appear before ye s’d Comissioers & bring in tlieir Certificates of ye nanies S’names of ail & every ye p’sons Dwelling or residing within ye limitts of those places with wh’ch they shall be charged and of ye substances and vallu.es of Every of them in lands moneys and ail visible Estâtes & other things chargable by this act together with ye assessnients of ye Respective rates thereby imposed on eacli p’ticular p’son according to je Rules & Dire’cons thereof with out Ccncealment love fa.vor Dread or malice uppon paine of forfeiture of any sums not Exceeding five pounds and shall then also returne the Nanies of two or moire able and sufficient P'sons within ye limitts and bounds of those countys where they shall be Chargeable Respectively as afores’d to be Col- lectors of ye money Due by this act for whose paying into ye Reeeiv'r Generall to be appointed by ye Governour his Deputy or Deputys in Manner ffollowing such Money as they shall be Charged with ail the County by whoni they are so employed shall be answerable which Certifioates and assess- ment so delivered & returned to ye s?d Comission’rs As afores’d they or any two or more of them shall forthwith issue out and deliver their warrants to such collectors as afores’d for ye speedy collecting and levying of ye s’d assessments and ail moneys and Rates Due thereupon according to the true intent and meaning of this act of ail which }^e s’d Collectors are' hereby required to make Demand ofyep’ties themselves or at ye places of their last abode within ten days after ye Receipt of ye such warrants and to leavy and pay in ye same in manner and forme hereafter Expressed that is to sa.y one Moyety thereof on or before ye first day of Aprill 1684 the other moyety on or before ye first day of Aprill, 1685 at such place as ye Comis- sion’rs shall appoint to ye Respective Receiv’r Gen’rall his Deputy or Deputyes wlio are hereby impowerd and Required to Call uppon & hasten the Collectors to ye s’d payaient and after ye s’d first Day of Aprill to levy by warrant Und’r ye hands & seals of any two or more of ye Commissioners Uppon ye Collectors by distress such sum & sums of money as he hatli rec’d and as ought by him to hâve been paid and is not paid by Reason of his ffailour in Doeing his Duty according to ye Direction of this act.140 , LAWS OF THE COLONY OF NEW YORK. And if ye s’d Commissioners or any three of them within ye seyerall Countys shall at ye finie of ye Delivery of ye Cer- tificates or six dayes after hâve Certaine knowledge or volun’ly suspect that any person or persons Wlioe ouglit to be mentioned in ye s’d Certificates is or are oniitted or that any person or persons in ye s’d Certificat e mentioned is or are of greater yallue or Esta.te than in ye s’d Certificates is men’icned ye s’d Commissioners or any three or more1 of them shall hâve power to warne such person or persons to appear befcre them at a day & place p’fixed to be Examined touching their sub- stance & value or touching any otlier matters which may any way’s Concerne ye prémisses and if ye p’son or p’sons warned not to be so examined shall neglect to appear not haveing a reasonable Excuse for such his Default every p’son making default shall pay double }re sum of ye rate he should or ought to hâve been set at and Moreov’r the s’d Commissioners or any three or more of them shall hâve power By ail Lawfull ways and means without oath to Examine & inquire into ye Value and substance of such Persons as are soe Chargable by this act and to set such rate or rates uppon any such persons as shall be according to je true intent and meaning of this act and ye s’d Receiy’r Generall out of ye s’d rates and assessments shall hâve an allowance of two pence in ye pound for ail money’s w’ch shall be by him paid and that Every Collector shall haVe three pence in ye pound for what money he shall pay to ye Beceiy’r Generall his Deputy or Deputyes And if any person or persons shall refuse to "pay ye severall sume & surns and proportions by this act appointed for such person to pay uppon dernand niade to ye Ofïïcer or Collector of ye place according to ye p’cept to him Delivered by ye s’d Commission’rs it shall and may be Lawfull to & for such officer or collector who are hereby thereunto Author- ized and Bequired for non payment thereof to Gistrein the person or persons so refusing by his or their goods or Chattells ye Distress so taken to keep by ye spac-e of four days at ye Costs and Charges of ye owners thereof and if je s’d owners doe not pay ye sums of money Due by this Act within ye s’d four day’s then s’d distress to be appraised by two or three of ye inhabitants where ye s’d distress is taken and there to be sold by ye s’d officer for payment of ye s’d money and ye oyerrplus Corning by ye s’d sale (if any be) over & above ye charges & keepiîig ye s’d Distress to be imediately restored to ye owners thereof. And if any p’son or p’sons assessed by this act shall refuse or neglect to pay ye sum or sums so assessed by ye spaceLAWS OF THE COLOXY OF NEW YORK. 141 of twenty days after Deniand as afores'd wbere no sufficient Disrress can or may be found wbere by ye sanie may be levyed in Every sucb Case tliree or mcre of ye Comniissioners by tliis act appointed for any sucb County or place are hereby Autbor- ized by warrant Under tlieir liands & seals to l'omitt sucli person or persons tO' ye Conicn Goal tliere to be Kept witliont Bayle or Mainprize untill payment sliall be made. And if any p‘son,assessed or rated find hini or herself agreived witli sucli assessing or Rating and Do witliin ton day's after Demain! tliereof make Coniplaine to ye Comissioners tlie s'd Comniissioners or any two or more of tliem whereof one of ye Comniissioners who signed or allowed bis or lier rate to be one sliall A may witliin fourteen days next after sucb Com- plaint p'ticularly Examine ye person so Complaining nppon bis or ber Oatli of bis or ber Esta,te afores'd and Fppon Due Examinât on A knowledge tliereof abate Defalk increase or iularge ye s'd Assessment. And Be it fartber Enacted tbat ye Comniissioners wliicb sliall be witliin any County or place witliin tlieir Respective limitts or ye Major p't of tbem sliall fax and assess Every otlier Commissioner joyned witb tbem and as well ail sûmes uppon Every of ye s'd Comissioners as ye assessments made and p’sented by ye p’sent’s as afores’d sball be Levyed and Gatkered as it sbould and ougbt to bave been if ye s’d Comissioners bad not been named Comissioners. BROYIDED allways and be it Enacted by ye Autliority afore- s'd tbat tbis act & Everytliing tlierein Contained sball be of force Fntill ye 21st Day of Aprill 1085 and Xo longer any tbing tlierein Contained to ye Contrary in Anywise notwitlistanding. BROYIDED allways tbat ail Charges Accruing by Reason of tbe transportacons or Conveyance of any money or otlier specie Collected by Yirtue of tbis act sball be paid and allowed ont of ye Money or specie so Collected as afores'd BROYIDED also tbat by ye word money is to be Und'stood ye produce of ye Country vallued att ye Current price for money. [CHABTER 15.] [Copied from tlie original in tlie office of tlie Sécrétary of State. Tliat the act was received by tlie Board of Trade, on February 17. 1084, app(kars from tlie transcri])t of tlie Journal tliereof, in Doc. Bel. to Col. Ilist., of X. Y.. III, p. 354.] An act to prevent ffrauds in conveyancing of lands. [Tassed Xovember 3. 1(»S3.] Forasmucb as many abuses and injurys bave liappened to tbe Inliabitants of tbis Province for tbe want of Duely register-142 LAWS OF THE COLOXY OF XEW YORK. ing and reeording convenances of Lands wliereby disputes and law-Ruittes do continually arise; ffbr tlie prevencon wliereof; Bee itt enacted by tlie Governor Ccuncill and représentatives in Generall Assembly and tlie Autliority of tlie saine, Tliatt from & after tlie five and twentietli day of Deeember next after tlie Date liereof, Xo grants deeds Mortgages or otlier con- venances whattsoever of an y lands or Tenements witliin tliis Province sliall bee of any force, power or validity in Law, Unless tlie said grants Deeds Mortgages or otlier convenances be entered & recorded in tlie Begister of tlie County wlierein sucli lands cr Tenements do lye witliin six montlis after tlie dayes of tlieir respective dates. Provided always and bee itt further enacted by tlie autliority aforesaid, Tliatt noue of tlie aforesaid grants, Deeds Mortgages or otlier convenances sliall be entered or recorded, untill tlie party or partys who did Reale and deliver tlie sanie sliall make acknowledgement thereof before sonie one of liis maties Justices of tlie Peace, or tliatt tlie sanie bee by Ruflficient Witnesses proved before tlie said Justice of tlie peace and Certificates therecf Entered on tlie backside of tlie said Deeds, Grants, Morgages or otlier Con- venance. Provided always tliatt tlie said Deeds Mortgages or otber Con- venances as aforesaid bee by tlie Clerk or Begister of tlie County wliere sucli Deeds, Mortgages or otlier Convenances are entered. Transniitted once every yeare to tbe Secretarys Office att Xev Yorke witli tlie ffees ordained for tlie same, there to be registered and Entered. l>ro'vided also tliatt tlie sunie inenconed in tlie said Deeds Mortgages or otlier Convenances do exceed tlie sunie of fifty pounds and no otlierwise. Provided also tliatt if tlie Clerk or Begister sliall neglect to transniitt tlie said Records as aforesaid tliatt tlie sucli neg- lect of tlie Clark sliall nott préjudice tlie riglit of any p'son claiming any sucli Lands by vertue of sucli Deeds ^Mortgages or Convenances as aforesaid, butt tliatt for sucli Xeglect the said Clerk sliall loose liis place & be made for ever incapable to Exécuté any place or office of trust witliin tliis Province. Second Session, October, 1684. Thomas D.ing an, Governor. CHAPTER. 1. [Copied from {lie original in the office of tlie Secretary of State. The portion of the original law containing the signature of the Governor, andLAWS OF THE COLOXY OF XEW YORK. 143 the date of passage is toril oif. The date of its passage, as October 21, 1>1S4, is given by E. IL U’Callaglian, in Ilist. Int. tu Journals of the Legislative Council of New York. p. 12.] A Bill for Explaneing Severall Clauses in tlie Act for Establishing Courts of Justice within this province. [Passed, October 21, 1084.] WHEREAS by Act of tliis p'sent Generall Assembly amongst other tliings it was Enacted & provided tliat not lesse then four Justices of tlie peace of Eaeli Respective County togetlier with a Judge should hould and keep the Court of Oyer and terminer and Generall Goale delivery whicli N uni b r hatli by Expérience beene found trcublesome and inconvénient Bee it therefore Enacted by the Governour Councell & Représentatives in Gen- erall Assemble mett and Assembled and by the Autliority of the Sanie tliat from hencefortli one of the Judges, any tliree of the Justices of the peace of ye County being p’sent, Or two or tliree Judges and two of the said Justices being p’sent may hold and keep any of the said Courts of Oyer and Terminer and adjourne the Said Court from finie to finie as to theni sliall seeme meet and convenient BROYIDEI) tliat the Sessions of the Said Court Continue no Longer than seaven dayes And act and doe ail sucli other tliing and tliings as by the afores’d Act they are empowered enjoyned and required any tliing in any form’r Act of Assemble to the Contrary liereof in any vase X otv'ithsta n din g And whereas it Sonie times happens that through bad weather and Contrary winds the Judges Cannot be precisely at the time and place appointed for the Said Courts to be lield and kept in. Be it further Enacted by the autliority aforesd that any tliree of the Justices cf the peace of tlie County meeting on the Said appointed day and place, the Judge or Judges for the Reasons aforesaid being not pr’sent may adjourne the Said Court de die In Diem until the arrivait of the Said Judge or Judges any tliing to the Contrary liereof Xotwitlistanding. And whereas by the said Generall Assemble it was likewise Enacted that tliere should be in every towne within this province a monthly Court Consisting of tliree psons to End ail Small Causes to the value of forty shillings and finding that one of the three may be absent or hâve a Case depending Bee it further Enacted by the Authority aforesaid that If any two of the three psons sliall bee prsent they may proceed to Act and doe ail such things as by the said Act they are impow-1U LAWS OF THE COLOXY OF NEW YORK. ered and required Any tliing in tlie said Act to tlie Contrary liereof Xotwithstanding Bee it likewise Enacted b y tlie Autbority aforesaid that tlie aforesaid psons sliall be annually Cliosen by tlie plurality of Voiees of tlie fïreeliolders of Eacli respective town on tbe second or tliird day of Aprill And being Soe Cliosen as aforesaid and sworne by a Justice of tlie peace tliey may liold and keep tbe said Courts & Doe ail such otlier tliings concerning tbe prmisses as by tbe Said Act are Enjoyned any tbing to tbe Contran’ liereof in any wise notwitlistaiidiiig. And whereas tliere is noe time Limitted and ap]>ointed liow long tbe County Court or Courts of Cessons sliall sitt Be it further Enacted by tbe Autbority aforesaid tliat from lience- fortb noe County Courts or Courts of Sessions sliall sitt and hold Court Longer tban tbree dayes at one time. [CHAPTER 2.] [Copied from tbe original in tbe office of tbe Secretarv of State.] A Bill to Regulate Proceedings in Law. [Passed, Oetober 22, 10S4.] Bee itt enacted by tbe Geirll assembly and Autbority tbereof tbat if any verdict of Twelve nien sliall bee given in any action suite Bill or Deniand to boe commenced from and after tlie first Day of January next Conieing in any Court of Record witliin tliis Province Judg't tliereupon sliall nott bee arrested stayed or Reversed upon any Kind of Circumstantiall Errors, defects mistakes, or default in forme or for lacke of forme butt tliat ail Sucli defects errors defaults and mistakes and ail otlier matters of Like Nature not being against tbe riglit of the Matter of tbe Suite nor wbereby tbe Issue or Tryall are altered, sliall bee amended By tlie Justices or Judges of tbe Court where sucli Judgments sliall be given, or wliere unto tbe Record sliall bee removed. Bee itt likewise Enacted by tbe Autbority aforesaid tbatt fr*om lamcefortb ail Originall Writt & Processe sliall express in wliose Name tbe Plan’t Suetli whetlier in bis owne Name or as Executor of tbe Last will and Testament of such a man or administrator of tbe goodes and Estate of Such a man or assigne Attorney agent or Guardian of Such a man or the like otherwise if exception bee taken before Issue Joyned itt shall bee Good and the plaintiffe Shall pay Cost.LAWS OF THE COLONY OF NEW YORK. 145 [CHARTER 3.] [Copied from the original in the office of tlie Secretary of State.] A Bill Declaring of wkatt âge Lands may bee passed away and Guardians Cliosen. [Passed, October 22, 1684.] BE IT EXACTEI) by tliis Generall Assembly that the âge for passing away Lands or liereditament sliall be one and Twenty Years, And for Cliusing Guardians fourteen years, and ail per- sons of ye âge of one and Twenty Years as aforesaid and of Sound understanding and Memory whether Excomunicate Oondemned or otliers exeept for high Treason sliall hâve full power and Liberty to make tlieir Wills and Testaments and otlier Lawfull Allienations of their Laiid and Estate ail which to ail Intents and Rurpose sliall bee aceounted good in Law. Rrovided alsoe and Bee itt further Enac-ted, by the authority aforesaid that the âge for plaintiffs and Défendants in Givill Cases before any Court of Judicature sliall be Twenty one years and for ail persons under that âge their Barents, Maslors and Guardians either personally or by their Attorneys as they sliall see meet sliall plead and defend their Right and Interest as the inatter may require. And in ail Cases Capitall or Crim- inall everv person Younger as well as Elder sliall be Liable to answer in their proper persons for sucli crimes and mis- deni(»anors as they sliall bee accused of and may alsoe présent any niisdemeanor to any Ma gi strate Grand Jury man or Court any Law Custome or Usage to the Contrary Xotwithstanding. Rrovided always that in Case of Life and Deatli the Court may assigne Councill to the Criminall in matters of Law only. [CHARTER 4.] [Copied from the original in the office of the Secretary of State. The portion of the bill containing the signature of the Governor. and the date of passage, is torn off. The date of ifs passage, as October 23, 1684, is given by E. B. O’Oallaghan. in Hist. Int. to Journals of the Legislative Coimcil of New York, p. 12.] A Bill against Comrnon Baratry Champerty & Maintenance [Passed, October 23, 16S4.] Be il Enacted By this General Assembly and yee Authority thereof that if any person whatsoever sliall ffrequently move excite and inaintain suifs or Quarrells in Courts or in ye Country In disturbance of ye Reace in Taking or detaining in possession 19146 LAWS OF THE COLON Y OF NEW YORK. bouses Lands or Goods by false Invention or in soving of Calum- niations Ruinors and discords wkereby disquiet arisetk among Neigbbours be sball be deemed and accounted a Common Bar* retter and being tbereof Lawfully convicted for every sucb orïence ftorfeit and pay ye summe of Ten pounds Currant money of ye Country; Be it Furtber Enacted by ye autbority aforesaid tbat wbo- soever sliall move or Cause to be moved pleas & suits eitlier by their owne or otbers Procurenrt and Sue tliem att tbeir owne Cost to bave part of ye Lands or Gains in Variance and ■be tbereof Legally Convicted Sball be adjudged guilty of Cliam- perty and maintenance and for every sucb olîence sball forfeit and pay tbe Summe of Tenn pounds Currant money aforesaid and be probibited ffrom pleading att yee Barr in any tbe Courts of tbis Province for and during ye spaee of one wbole veare. [CIIAPTER 5.] [Copied from tbe original in tbe office of tbe Secretary of State.] A Bill Concerning Cliirurgions and Midwives. [Passed, October 22, 1684.] Be it Enacted by tbis Generall Assembly and tbe autbority of tbe sanie tbat no person or persons wliatsoever employed att any timc about tbe Bodyes of men women or cbildren for Préservation of Life or Health as Chirurgion Midwife or Pki- sitian or otbers présumé to Exercise or put fortli any act Con- trary to tbe knowne approved Rule of Art in eacli Mistery or occupation nor Exercise any fforce violence or Cruelty upon or towards tbe Body of any neitlier young or old witliout tbe advice and Consent of sucb as are Skillfull in tbe S’d Arts (if sucb may be bad) or att least of sonie of ye wisest and Gravest tben présent and Consent of tbe Patient, and Patients if they be Mentis Compotes much lesse Contrary to sucb advice or Con- sent upon sucb severe punishment as tbe nature of tbe fact may deserve. [GHAPTER 6.] [Copied from tbe original in tbe office of tbe Secretary of State.] A Bill Concerning tbe Choice of Constables. [Passed, October 22, 1684.] Be it Enacted by tbis Generall Assembly and by tbe autbority of ye same tbat tbe Constables in eacb Respective towne or County sball be Elected att ye sanie finie and according toLAWS OF THE COLONY OF NEW YORK. 147 ye same ways and Methods as hâve been formerly practiced within this Governm't. That is to say annually on ye third or ffourth day of Aprill by the Majority of voices provided Always that if tlirougli the Increase of Inhabitants, enlarge- nients of Rounds or any otlier ways one Constable is not Capa- ble to officiate the place that tlien and in such Cases the Inhabitants of the Towne place or County wliere Such delïect shall happen may niake clioice of two or more Constables as occasion shall require and if any one being duly elected to serve as Constable shall refuse to serve shall pay ye summe of ffive pounds ffor the use of ye County. [CHAPTER 7.] [Copied from tlie original in tlie office of the Secretary of State. Tffi date of its passage, as October 2o, 1084, is given by E. B. O’Callaghan ln Hist. Int. to Journals of the Legislative Council of New York, p. IA A Bill against Fugitive Servants and The Entayners of Tliem. [Passed, October 22, 1GS4.] Bec itt enacted by this Gen‘11 Assembly and by the authority thereof that every Servant or Servants that shall départ or absent Theniselves frome their Master or Mistresse without Leave hrst obtained shall be adjudged to Double Their Time of Such Their absence by future Service by any Two Justices of tlie peace of the County before wliome the said Servant shall bee Brouglit and to make full Satisfaction to their said Master or Mistresse for ail Such Costs and Charges and Dam- ages as they shall hâve Susteined by reason of Such unlawfull Départure which said Costs Charges and Damages the two Justices of the peace as aforesaid hâve liereby power and author- ity to Assesse and allow and in Case the said Servant Cannot otherwise Satisfie his said Master or Mistresse lie shall doe itt by Service and aecording to tlie order and appoynted off the said Justices. BEE itt further ennacted by the authority aforesaid that whosoever shall knowingly Transport or Contrive the Trans- portation of any Apprentice Servant or Slave or by any ways aideing or assisting or abetting thereunto and be thereof Law- fully convicted shall bee fined for every such offence five pounds Current monev of this province for ye use of ye County and make full Satisfaction to the Master or Mistresse of Such Apprentice Servant, or Slave for ail Costs Charges and Dam- ages which the said Master or Mistresse can make appear to hâve Thereby susteined.148 LAWS OF THE COLOXY OF XEW YORK. FEE itt furtlier ennacted b y tlie autliority aforesaid that vliosoever sliall Councell, persuade, entice, inveagle, or allure any vhite Servant wlietlier Male or fournie eitlier by promises of fi eedome Matrimony or by any otlier v ays or meanes wliat- soever to omitt or Xeglect tlie Service worke and Imploynient of liis or lier Master or Mistresse and be tliereof Convieted sliall be adjudged to make full satisfaction to tlie said Master and Mistresse respeetively for tlie remayning finie of tlie said servant on sucli termes as tlie Master or Mistresse and the person soe Convieted can agréé or in Leiu tliereof to serve Suck said Master or Mistresse soe long Time as tlie said Servant should or ought to liave doue. BEE itt furtlier Enacted by tlie autliority aforesaid that if any person wliatsoever sliall entertaine or afford any manner of releif or sustenance to any Servant Apprentiee or Slave knoving thatt tlie said Servant Apprentiee or Slave katk absented liimself from liis Master or Mistresse without their Leave and be tliereof La v full y Convieted sliall pay to the Master or Mistresse of sueli Servant Ten Shillings for every dayes entertainment and Concealment and be amerced for the use of tlie Oounty for every Sueli otïenee five pounds Current monev aforesaid. [CHAFTER 8.] [Copied from tlie original in tlie office of the Secretary of State.] A Bill to prevent deceit & Forgerys. [Passed, October 23, 1G84.] For tlie preventing of many deceits and fïorgerys wliich may happer through tlie artifice of wicked and evil rninded people Be it Enaeted by tliis (ienerall Assembly and by tlie autliority of the sanie that no bargain sale Mort gage or grant of any house or Land vitliin tliis Province sliall be holden good in Law Exce]>r ye sanie be done by Deed in writting under ye hand and Seale of tlie Cranter & delivery and possession given in part: in tlie naine of tlie wliole by tlie said Grantor or liis attorney so autliorized under hand and seale and unless ye said Deeds be aekiiowledged by tlie said Grantor before one of the Judges of Oyer and Terminer and Generall Goale Delivery within one yeare after sealing tliereof and Recorded as is preseribed in an Aet Intitled, An Aet to prevent ffrauds in eonveyeneing of Lands made tliis présent session of Assembly FROVIDED Always and Be it Enaeted by the autliority afore- said That if any sueli Grantor being required by his Grantee his heirs or Assigns to make an acknowledgem’t of any grantLAWS OF THE COLON Y OF NEW YORK. 149 sale Bargain or Mortgage by liim made according to the true latent and meaning of tliis Act sliall refuse so to doc It slialî be in the power of any Justice of the Peace to committ the partv so refusing to Prison witliouf Bayle or Mainprise untilï lie sliall acknowledge the sanie and the Orantee sliall enter liis Caution witli. the Clarke of ye Court of Oyer & Terminer and this sliall save liis Interest in the meanetime PROYIDED Also if it seeme dcubtfull to the said Justice of the peace wlietlier it be the deed or Grant of the Grantor lie sliall Cause the said Grantor to enter into a Recognisance double ye vallue of the thing Granted witli two sufficient sure- tys fïor his Appearance at the next Court cf sessions tlien and there to do and reçoive wha.t by the said Court in that Case sliall be Considered and the Caution sliall Romaine good as aforesaid: PROYIDED Also and Be it ffurtlier Enacted by the authority aforesaid that no Conveyance Deed or Promise sliall be of any fforce or Yallidity nor sliall tlie Grantor be Compelled to acknowledge the sanie if it were obtained by Illegall violence Imprisonnxt or any kind cf fforceable Compulsions called Duress any thing to the Contrary liereof notwitlistanding PROYIDED likewise this Act nor anytliing tlierein contayned sliall Include fformer Deeds, Mort gages or Con voyances but leave them in the sanie Condition as tliey were befcre ye making of the sanie; PROYIDED Also that this said Act nor any Clause tlierein Container! sliall Extend to houses or Lands Given by Will or Testament any thing to the Contrary hereof notwith- standing [CHAPTER 9.] [Copiée! from the original in tlie office of the Secretary of State.] A Bill Concerning Purchasing of Lands from the Indians. [Passed, October 23. 1084.] BEE itt Enacted by this Gen'll assemble and by the authority of the sanie tliat from heneeforward noe Purcliase of Lands frem the Indians sliall bee esteemed a good Title witliout Leave first had and obtaineid from the Governour signified by a War- rant unde^ his liand and Seale and entered on Record in the Secritaries office att New Yorke and Satisfaction for the said Purehase acknowliged by the Indians from whonie the Purcliase was made which is to bee Recerded likewise which purcliase soe made and prosecuted and entered on Record in the office aforesaid shall from that time be Vallid to ail intenta and purpoases.150 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 10.] [The original of this act is not in the office of tke Secretary of State. Tkis copy was made from the manuscript compilation of the “ Dongan laws,” formerly in the office of the Secretary of State, but now in the New York State Library. The date of its passage, as October 23, 1084, is given by E. B. O’Callaghan, in Hist. Int. to Journals of the Legislative Council of New York, p. 12.] A BLLL Concerning Marnages. [Tassed, October 23, 1084.] WHEREAS By the Law of England noe Marriage is lawfully consumated without a Minister whose Office is to joyne the partyes in niatrimony after the Bands thrice published in the Church or a Lycence tirst had and obtained from sonie other person thereunto authorized ail which formality cannot be duely practised in these parts yett to the End a Decent Rule may be therein observed Bee It Enacted by the Generall Assembly and by the authcrity of the same That from henceforth the naines and sirnames of Each party who intend Marriage Shall be publiquely read in the parish Church or usuall meeting place where they botli then inhabitt three severall Lords dayes togetlier or where noe Chnrcli or publique meeting place shall happen ta be a publicacon in writeing Shall be fixed fourteen dayes before Marriage on the door of the Constable of Each parish where the partyes inliabit unlesse they brin g or produce a Lycence under the hand and seale of the Governour in ali which Cases and not otherwise It shall be lawfull for any minister or Justice of the peace within this province to jcine togetlier in Matrimonv the partyes soe published or produeing a Lycence as aforesaid provided alwayes they bring a Cer- tificate from under the ministers hand that published them or under the Constable hand on whose do ores, their naines were afiixed which Certificat e shall be sent to the office of the Register of the County and there Entred on Record together with a Cortifica.te of their Marriage with the day and date thereof from the party by wliom they were marryed tliere to romaine in perpetuam rei memonam for Entring and recording of which said Certifiâtes the Clerke or Register shall be paid by the party marryed for Each one shilling, provided al soe the said partyes purge themselves by Oath if required before the Justice of the peace or the minister who hâve hereby power to Admin- ister the same that they are not under the bonds of matrimonv to any other, person living, and if it shall after happen to be proved that either or both of the said partyes are perjured andLAWS CF THE COLOXY OF XEW YORK. 151 thereby cbtained anotlier marnage for tlie said perjury tbe party or partyes olïending sliall suffer as in (Jases of per jury and furtber be proeeeded against as in Cases of polygame. PROVIDED al waves tkat if eitlier party be approved innocent the said party soe approved as aforesaid may be free to niarry wliom they plea.se not forbidden by the Lawes of tlie province. PEE It furt lier Enacted b y tlie autliority That if any inan Sliall p’sunte to niarry contrary to tlie Law prescribed tlie per- son offending sliall be proeeeded against as for fornication and tlie minister or Justice Tliat marryed tliein sliall forfeit twentv pounds and be suspended froin liis bénéfice and office. BEE ït furtber Enacted by the autliority aforesaid That if any person whether man or wonian travailing by sea or Land into anv forreigne parts wliich voyage by Coinpiitacon may be per- fected in one yeare or lesse of wlicm noe certaine knowledge or news sliall be had within five yeares after liis or lier Depart- ure nor of any who accoinpanied hiin or lier in the Voyage It may be justly presiinied that sueh person is Dead and after the Expiracon of five ccmpleate yeares as aforesaid it sliall and may be lawfull for the other person to Remarry PROVIDE’D Alwayes That if eitlier the man or wonian sliall at any time after the Expiracon of five years returne and bring full and suffîeient testimony that lie or slie liath divers ways indeavoured by writeing or messages to make knowne to his wife or lier liusband that lie or she were tlien Liveing or that tliey were by imprisonment or bond Rlavery Lawfully hindered front giveing such Informacon It sliall and may be Lawfull for the said man or wonian to Challenge his or lier premarriage and may by an order out of the Higli Court of Chancery Cohabit as formerly. PROVIDED Alwayes that if neither sliall sue for such order they may by mutuall agreement Enter a Release to Eacli otlier which Release Sliall be Entered in the Office of Records and botli romaine free front their former obligacons. PROVIDED Xotliing in this Act Sliall be Construed or intended to préjudice the Custonte and manner of marriage amongst the Quakers, but their manner and forme of marriages sliall be judges Lawfull; provided they Admitt of none to niarry that are restrained by the Law of God contained in the five bookes of Moses; and that they permit! none to be marryed within their Congrégation or meeting of any other persuasion then fhemselves Except by Licence front the Governour or publicaeon as this Law directs and record made of such marriage, as this Law does direct under the penalty aforesaid.152 LAWS OF THE COLOXY OF XEW YORK. [CHAPTER 11.] [Copied from the original in tlie office of tlie Secretary of State.] A BILL Concerning Cattle Corne Fields and Fences. [Passed, October 23, 1(3S4.] FOEASMUCH as it is best knowne to ye Inhabitants of eacli Towne bow and in Avliat manner tlieir Cattles ouglit to be marked & tlieir Corn ffîelds to- be lîenced and forasiiiudi as a generall Latv in tliis kinde may not be equally convenient to ail places, Be it enacted by tliis Generall assemble and tlie autliority thereof tbat it Sliall and may be Lawfull for ye Inliab- itants of any Towne within tliis Province by Avarrant under ye liand and scale of sonie eue Justice of ye Peace of ye County within wTiicli tlie said Towne dotli lye to Ccirvene and meet togetlier se often as occasion sliall require and to Consult of and make sucli LaAvs A ordinances concerning the marking and Impounding Cattle and ffencing tlieir ïïield & meadow^s as to them sliall seeme meet and Convenient Provided ahvays that noue of ye said LaAvs or Ordinances be répugnant to tlie Law^s of tliis Province and that tliey be allowed and Confirmed by the next Court of Oyer and Terminer Avliicli sliall ffirst liappen after the making of sucli Luavs as aforesaid otlierAvise to be of no force or virtue; PROTIDE!) likewise tliat tAvo of the Justices of the Peace of the said County togetlier Avitli the Major part of the Inhab- itants of the said Towne do Consent and that ail be duely summoned to bee att the said Towme meeting wThere such Luavs are made as aforesaid. [CHAPTER. 12.] [Copied from the original in tlie office of tlie Secretary of State.] A Bill Concerning Burialls [Passed, October 23, 16S4.] WHEREAS: the private Burialls of Servants and otliers GiA^es Occasion of mu ch Seandall against divers persons and Sometymes (not undisernedlyt of being guilty of their deatlis from wdiicli If the person Suspected be Innocent there Can be no Yindication nor If guilty punisliment by Reason tliey are for the most part buried Avithout the knoAvledge or YieAv of any otliers than Such of the family as by neerness of Relation are unwdlling or as Seiwants are fearfull to make discoA^ery If murder wTere Committed:—Be It Enacted by this generallLAWS OF THE COLOXY OF NEW YORK. 153 Assembly and by tlie Autliority of the Sanie tliat within every Parisli within this Goveriiment tliere shall be one or more places apoynted for tlie Ruriall of tlie dead and before the Corps be Interred there shall be three or four of the Xeiglibours at least Called wlio may in Case of Suspision View the Corps and according to the dosent Custom of Christendom Accompany It to the Grave and tliat noe person Shall be Buried in any other place then tliose so apoynted unless Sucli as by tlieir own appoyntment in tlieir Life tyme hâve Signified tlieir desire of being Interred in the Buriall place of Sonie other Parish. [CH.VPTER 13.] [Copied from the original in tlie office of the Secretary of State.] A Bill Concerning Assignments of Specialtys. [Passed. Oetober 23, 1084.] Be itt Enacted by this Generall Assembly and by the author- ity of ye sanie y't any Debt or Délits due upon Bonds or other Specialtys or any other note in writting for any Debt Dutj Demand niatter or thing assigned to any other person or persons shall be as gcod and effectuall in ye Law to ye assignée or assignées as tliey or eitlier of them were to su ch person or persons att ye time of tlie assignnTt of sucli Bonds or other specialtys or Xcates in writting and tliat it shall be lawfull for sucli assignée or assignées liis or tlieir Exécutai’ Adminis- tra tor or Assignées to demand sue for recover ail sucli Debts Dutyes and Demands whetlier upon Bonds or other specialtyes or any other note in writting in ye assignée or assignées one Xanie or naines or in ye Xame of the Executor administrator or assignées of sucli assignée or assignées as fully to ail Intents and purposes as Ye Originall Creditor miglit hâve done Pro- vided Al waves the said Assignm't be made en ye Back side of ye Bond or other spécialty or noate in writting or on sonie paper or parchment tliereunto annexed & attested att Least by one witnesse or Acknowledged by the assignée before sonie Judge of Record. [CHAPTER 14.] • [Copied from the original in the office of the Secretary of State.] A Bill Concerning Brewers. [Fassed, Oetober 23. 1084.] Bee It Enacted, By this Generall Assembly & the Autliority of the Same that noe person whatsoever shall undertake the 20154 LAWS OF THE COLON Y OF NEW YORK. Calling or work of Brewing Bear fer Sale; but only Sucli as are known to hâve Suflicient Skill or knowledge in tlie art or Mistry of a Brewer; and If anv Master of a Skipp or Yessell or any otlier person wliatscever sliall purcliase or buy any Bear of any Brewer witliin tliis Government; whicli Bear Sliall prove unwholeSomo and Useless for tlieir Suply eitlier tlirougli the Insufticiency of tlie Mault or brewing or bad Cash; tlie person wrcnged thereby Sliall be and Is Inabled by Yertue of this Act to maintain an Action against tlie person or persons from wliome tlie said Bear was Iieceived ; and to Recover bis Just damages. [CHAPTER 15.] [Copied from the original in the office of the Secretarv of State.] A Bill Concerning Orplians. [Passed, October 24, 1GS4.] Bee it Enacted by tliis Generall Assembly and tlie Autliority of the Sanie tliat ail persons Tliat bave or liereafter sliall liave anv Estate of Goods Cliattels or Lands in tlieir Possession belonging to any Tliat are under âge sliall once Every yeare Exhibit an Inventory and Account of tlie Said Estate to tlie Respective Court of Sessions in wliose Jurisdiecon Sucli Estate Lyeth And in Case any person or persons wliicli liave sucli Estate in tlieir liands doe not At tlie time and place aforesaid présent tlie Inventory and account of sucli Estate as aforesaid tliat tlien the party soe neglecting Sliall be sued for such his neglect And if noe good improvement liave beene made on tlie Same Estate it sliall be in the Power of the Court before Wliom the Accon is brouglit to Compell the Said person in whose hands the Said Estate remaynetli to give in Good Security for the better improvement and management of the Same or other- wise to remove it into tlie liands of sonie otlier person or persons as the Oourt shall thinke meet and Convenient [CHAPTER 10.] [Copied from the original in the office of the Secretary of State. The portion of the original law. oontaining the signature of the Governor, and the date of passage is torn off. The date of its passage, as October 24, 1084, is given by K. B.OTallaghan. in Ilist. Int. to Journals of the Legis- lative Couneil of New York, p. 12.] AN ACT for Quieting of mens estâtes & the Limita- tion of Certain actions for Avoiding of suifs In Law. [Fassed. October 24, 1684.] For Quieting of mens Estâtes, and avoyding of suifs, Be it Enacted by the Governour Couneell and assembly now assem-LAWS OF THE COLOjSY OF’NEW YORK. 155 bled that ail writts or Actions for any Reall Estate whatSoever att any time hereafter to be sued or brought by occasion or means of any title or Cause hereafter happening shall be sued & taken within seven years next after the title & Cause of Action fîirst Descended or Italien, and att no time after the said seven years: And that no person or persons shall att any time hereafter make any entry in Reall Estate but within seven years next after his or their Right or Title wliieli shall hereafter fïirst descend, or accrew to the saine, and in delïault thereof such person in not entring and their lieirs shall be utterlv Excluded & disabled from such entry after to be made, any fformer Law, Custome or Usage to the Contrary Xotwitlistanding; Provided nevertheless That if any Person or persons that is or shall be entituled to such Writt or Acticns or that hath or shall hâve such Right or Title of entry bee or shall bee att ye time of the said Right or Title ffirst descended, accrewed, corne or ffalen within the Age of one and twentv years, ffeme Covert, non Compos mentis, Imprisoned or beyond the seas, That then such person and persons and his and tlieir Heir and Heirs shall or may notwithstanding tlie said seven years be expired bring his Action or make his entry as he might hâve done before this Act; so as gu ch person and persons and his and their Heir & Heirs sliaîl within tliree Years next after his and their ffull âge, Discoverture, coming cf sound Mind, Inlargement out of prison, or Corning into the Province, take benelitt otf, and sue ffortli the saine, and att no time after the said tliree Years; And Be it ffurtlier Enacted that ail Actions of Trespasse Detinue, Action of Trover, and Replevin for Taking away of Goods and Chattles ail Actions of Account & upon the Case, other wlien such accounts as Concerne the Trade of Merchandise between Mer- chant and Merchant their ffactors or seiwants, ail Actions of Debt grounded upcn any Lending or Contract without specialty ail Actions of Debt fïor arrearages of Rent, and ail actions of Assault, Menace, Batery, Wounding & Iniprisonment or any of them which shall be sued or brought att any time after the beginning of this présent session of assembly shall be Coin- menced and sued within the time & Limitation hereafter expressed and not after (That is to say) The said Actions upon the Case (other then for slander) and the said Actions for aeeount, and the said Actions for Trespasse, Debt Detinue and Replevin for goods or Cattle within tliree years, after the beginning of this présent session of assembly or within Six years after the Cause of such Actions or suit & not after; And the said Actions of Trespass of Assault Battery Wounding156 LAWS OF THE COLOXY OF NEW YORK Iinprisonment or any of tkein, witkin six montlis next after tke beginning of tliis présent sessions of Assembly or witliin nine montlis next after tlie Cause ef suck Actions or suit and not after, And tke said action upon tlie Case for words, witkin six montlis after tke beginning of tkis présent session of assem- bly or witkin nine montlis next after tke words spoken and net after And be it ffurtlier Enacted by tke autkority aforesaid tkat in ail actions upon tke Case for slanderous words, to be iSued or prosecuted by any person or persons in any tke Courts of tkis Province after tke beginning of tkis présent session of Assembly, If tke jury upon tlie Trya.ll of tke Issue, in suck Action, or tke Jury tliat skall enquire of tlie Damages do kind or Assesse tlie Damages under fforty skillings, tlien tke said plaintiff or plaintiffs in suck Action skall kave & recovered only so mucli Costs as tke Damages so Given, or assessed amount unto witkout any ffurtker Increase of tke saine, any fformer Custome, usage or practice to tke Contran’ in any wise notwitlistanding. Provided nevertlielesse and be it ffurtlier Enacted, Tkat if any person or persons tliat is or skall be entituled to any suck action of Trespasse, Detinue, Account, sur-Trover, Replevin, Actions of accounts, Actions of Debts, Actions of Trespasse, for assault, Menace, Battery, Wounding or Imprisonment actions upon tke Case cf words, be or skall be att tke time of any suck cause of Actions, given or Accrewed, ffallen or Corne, within tke Age of one and twenty years, Feme Covert, Non Cornpos mentis; Imprisoned or beyend tke seas, Tliat tken such person or persons, skall be att liberty to bring the sanie Actions, so as they take the sanie witkin suck Times as are before Lim- itted, after their Comming to or being of ffull âge, discovered of sane memory att Large and Returned ffrom beyond tke seas as by otker person kaving no such Impediment skould be done. [CHAPTEB 17.] [Copied from the original in tlie office of the Secretary of State.] A Bill to Prevent the Absence of Justices cf tke Peace, from Their Courts. [Passed, October 24, 1684.] Be It Enacted by ye Generall Assembly tkat if any Justice of ye Peace sliall be Absent from ye sessions Held witkin ye Countv wliere lie inhabits or from ye Court of Oyer and Terminer and Generall Goal Delivery so tkat ye Court or CourtsLAWS OF THE COLOXY OF NEW YORK. 157 Cannot proseed to business for want of a suffîcient Xumber of ye s'd Justices to inake a quorum lie sliall be amersed for evry Days absence tive pounds to ye Use of tliat County ITovided allway tliat If it appear to ye Court that ye said Justice was nesessarily bindered by any apparent act or Providence of God wliicli be Could Xeitber forsee nor avoid The said Justice sliall be Held Excusable and Xo ways Liable to ye abovesaid Amercem'ts, Provided allwayes tliat this Act or any tbing tberein contained sball in no wise extend or reacb to any, wbo are of tbe Counc*ell. [CHAPTER 18.] [Copied from the original in tlie office of the Secretary of State. The portion of the original law containing the signature of the Governor, and the date of passage is torn oiï. The date of its passage, as October 24, 1684, is given by E. B. O'Callaglian, in Hist. Int. to Journals of the Legis- lative Council of New York, p. 18.] A Bill Concerning Masters servants Slaves Labour- ers and Apprentices [Passed, October 24, 1684.] Be it Enacted by tbis General assembly and by tbe autbority of ye same tbat no servant or slave eitber Male or Feinale sball eitber Give Sell or Truck any Comodity Wliatsoever during ye Time of tbeir service under ye penalty of sucb Ccrporall punisbnit as sball be Ordered to be Inflicted by Warrant under ye bands of two Justices of ye Peaee of tbe County wbere ye said servant or Slave dotb Résidé and if any person wliatsoever sball buv of Reçoive front or Truck witli any servant or slave Contrary to tbis Law tliey sball be Compelled by Warrant as aforesaid to» Restore ye said Coniodityes so bouglit Received or Truck'd for To ye lift of sucb serv’t or slave & fforfeit for everv sucb offence ye suniine of ffive rounds Currant money of ye Country to be levyed by distresse by Warrant under ye bands of two Justices of ye Peaee as aforesaid And if any person whatscever sball Creditt or Trust any servant or slave for Clôt lies Drinke or any other Comodity wliatsoever ye said per- son sball loose bis Debt & be for ever Debarred front main- tayning any suit att Law against ye said servant or slave for any matter cr tbing so1 Trusted as aforesaid; Provided alwayes if any master or Dame sball Tvranically & Cruelly abuse tbeir servants or not allow them sufficient Provisions or appareil upon Complaint by such servant or ser- vants to any Justice of ye Peaee tbe said Justice mav bind ye said master or Dame over to ye Xext sessions tben and there to answer ye premises and if upon bearing ye matter158 LAWS OF THE COLONY OF ^EW YORK. the Complaint be ffound true tlie Court may order tlie said Master or Dame to give in Good security for tlieir better abear- ing tliemselves towards tlieir said servants for tlie ffuture and upon ye Partyes Refusall to give in such security as aforesaid Tlie Court may and sliall liave power by virtue of this Act to set tlie said servant or servants att Liberty and ffree hiin or tliem from any ffurtlier service to his or their said Master or Dame But in case any servant or servants sliall causslessly coniplaine against tlieir master or dame if they cannot make prcof of a just occasion for sucli complaint. sucli servant or servants sliall by tlie Justices of ye Court of Sessions be enjoyned and Ordered to serve his or their Master or Dame six moneths finie gratis Extraordinary for such undue Com- plain Be it Further Enacted by the autliority aforesaid that if any servant cr slave shall Run away from their Master or Dame every Justice of Peace within this Province is hereby Autliorized and Impowered to grant Hue and Crv after the said Servant or slave ye Master or Dame having ffirst given in Security for ye PaynTt of ye Charges that shall thereby accrew and ail Constables and Inferior officers are hereby strictly required and Commanded autliorized & Impowered to presse Men liorses Boutes or Pinnaces to pursue such persons by sea or Land and to make Diligent Hue and Cry as by the Law is required And forasmucli as Merehants and other Tradesman who take apprentices liave and may sustaine G-reat Losse & Damages by ye allurement and Jnticem’t of evil minded Persons per- suading the said Apprentices to Purloyne tlieyr Masters Goods & Giveing tliem Entertainment att their houses att unseason- able heures to ye Great Détriment of ye s’d Master and utter ruine of ye said apprentices; Be it ffurtlier Enacted by the autliority aforesaid that if any person or persons shall persuade allure or Intice any Apprentice to take steale Carry away or pur- loin any Go-ods Wares Merchandized or money so taken or purloyned as aforesaid either directly of Indirectly and be thereof Lawfully Convicted the person or persons so offending shall Ifor every such offence Iforfeit tlie sume of one liundred pounds Currant money of the CountnT and the Master or Mistris of such Apprentices may maintain an action att Law against the person or persons so offending and shall Recover ail such Damages as Cann be made appear to liave accrued by Means of such person or persons who shall be Convicted of the prémisses as aforesaid; Be it further Enacted by the Authority aforesaid that if any person or persons ether Lycenced or otliers shall entertaineLAWS OF THE COLOXY OF NEW YORK. 159 or sufîer any apprentice to be entertayned or to De and Romaine in any of tbeir bouses knowing liim to be sucb att unseasonable boures, That is say after tlie boures of eigbt or Xine of tbe Clock att nigbt att tbe ffurtliest tlie person or persons so olfending sball for every sueb offence being tbereof Lawfully Oonvicted fforfeit tbe sume of ffîve pounds Currant money of tbe Country ye ffîne for tbe benefitt of tbe County; [CHATTER 19.] [Copied from tbe original in tlie office of tlie Secretary of State.] A Bill Concerning Arest. [Passed, October 21, 1G84.] Bee It furtber Enacted: By tliis Gen’all Assembly, Tliat no Sherrifï or otber offîeer Sball Exécuté, any avritt or warrant of wbat nature soev’r wbith'r Originall or Juditiall upon any p'son or posons or ye Estate eitb’r upon ye Sabaetli day Cliristmass day ye day of. Humiliation for ye deatb of ye Late Iving or upon ye day appointed for tlianksgiven for bis Maj'stys bappy restaura- tion or upon tbe lltb day of Oct. being tbe» birtli day of bis Royall Higbnesse James Duke of Yorke and Albany Lord Proprietor of tbis Province or upon ye fiftli day of Xovem’r nor sball any of ye Writts aforesaid be Executed or Kerved on any p'son or p’sons w’tsoev'r wbilest tliey are at goeing to or Return- ing from any publique fair or Markett w'cli sliall be Establisbed for ye Publique good of tbis Province, Xor on any Sucb goods or Traffique as tbey sball Oarry to Sucli fair or Markett for Sale: Provided allways noe Longer tyme be allowed for tbeir going or Returning tlian ye Journey or Voyage may Reasonably be p’formed in. And If any Slieriff Offîc’r or otlbr p’son Yliat- soev’r sball arest or Imprison ye Bodv or attacli tbe goods of any Person Contrary to tbis Act. Y’t y'n tlie p’ty wbose ’psons or goods was so arrested Imp’risoned or attacbed sball by Vertue of this Act maintaine an Action of false Imprison’t ag’st Sucb Slieriff or Offîc’r or otli’r & Recov’r ail bis damages Sustained by Sucb Arest, Imprisonm’t or attaclim't & ail Judgm’t verdict & Executions bad or obtained ag’st any p'son w’soev'r & grounded on any Sucb Writt Imp’risonm’t or atachm’t as afores’d are berebv declared Xull & void to ail Intents Construction and purposes w’toeA^’r any tliing to tbe Contrary bereof in any wise notw’thstanding. Provided allways y’t It sball & may be Law- full for ye Slieriff or any otb’r Offîc’r to apr'bend & Carry to Prison any P’son or p’sons for Treason fellony & breacli of ye peace or Escape out of Pr’son wben und’r Execution nppon any160 LAWS OF THE OOLOXY OF NEW YORK. daj at any place any tliing in this Law to tke Contrary hereof notwithstanding. Provided also and be It furtli'r Enacted By ye Authority aforesaid, That ail Persons who attend ye Councill Board ye Court of CkancYy ye Court of Oy'r and Terminé or Sessions or any oth’r Court w'tliin this Province for Publique Service or in Compulsion Sliall be free from an}’ Arest Comeing whilest they stay at & goeing from ye Said counc'll Board or Court I)rovided tlieir Stay Exeeeds not fortv eiglit liours aft’r ye Court breaks upp or y’t tbey are discharged from Such attendance and ail Persons w'tsoev’r wlio sliall be arested Contrary to tlie True Intent & meaning of ye Promises uppon Complaint and Proof niade to any memb’r of y't Court w’th hatli Jurvdiction of ye Cause from wlience tlie Said Arest Proseeded tlie p'son or posons sliall be Sett at Liberty and discharged. And If any p’son shall at any tyme be Sued for Sucli discliargeing or Setting Sucli p'son at Lib'rty as aforesaid, lie may plead tlie Generall Isue and give this A et in evidence for liis defence and Justifica- tion Provided also y't noe person shall be arested for any Debt TJntill Tyme Tliat Ye Said Debt shall beeome due is Expired Lnless It appear uppon Oath Y’t the Debt'r is about to Convey himself away on purpose to avoid ye Action and defraud his Créditer In w'cli Case the said Debt'r shall not be discharged unt'll lie give in good Security to answ’r the plaintifs Action when the Debt becomes due or y't the Said debt shall be dulv and Truely Sattisfied according to the Ten’r of the Obligation by w’ch It becomes due to the plantif. Provided also y’t noe p’son und'r tlie âge of Twenty One Years shall be arested in any Civill action or Suite Unless the Debt, on ^v'ch the Suite or Action Is grounded became due for diet or appareil. Trovided allways y't noe mans person Taken in Execu- tion sliall be kept in prison for Debt, or fine Long'r y'n tlie End of ye first Court w’cli shall liappen aft'r his Coimnittm't, Provided It be the saine Court from wlience ye Execution proseeds unless the Plaintif! shall Make It appear that the p'son Imprisoned hatli Some Esta te wYli lie will not p'et w'tli ail or produce Butt If noe Estate Can be found then the Debt’r shall Sattisfie his Debt by S’rvice according to ye Ord'r and appoyntm’t of the Said Court as also the Charges of his Imprisonm’t. Provided the CrediFr or Sheriff desire the Saine. If not uppon the prison'rs request and makeing Oath in open Court, y’t he hath noe Estate to the Value of five pounds, the Court may dismisse the said Prison’r and discharge him from his imp'risonm’t any Law Oustorn or Tsuage to the Contrary hereof in any wise not with- standing.LAWS OF THE COLOYY OF NEW YORK. 161 [CHAPTER 20.] [Copied from the original in the office of the Secretary of State.] A Bill for the Settlement of the Militia [Passée!, October 27, 1084.] For the better Regulating of the Militia within this Province for the Commen Defence and Préservation Thereof Bee it enacted by the Governour Councell and Représentatives in assembly met and assembled, and by the authority of the saine That a Major be appointed in such County (Capable thereof) as head of the Militia tliere; as ye Govern'r shall think titt: That noe Master of Vessells bee exempt from Training but such as are aboyé fforty Tunns. That ail persons thougli lïreed from Training by the Law yet that they be obliged to Keep Convenient armes and aminuni- tion in Their houses as the Law directs To others Ail fines for Xeglect of Townes, bee Imposed by the Courts of Sessions or County Courts, but for the Neglect of particular persons, by tlie Captaines and Commission Oflicers That the Governour dee cliuse appoint & commissionate ail oflicers of the Militia within this province provided that ail such oflicers bee Chosen ont of the Freholders inhabitants within the Respective Townes and Counties wliere their Com- panies are That the Clarke, of the Respective Companies who are to bee Sworne bee empowereci by Their Commission Oflicers to Levy ail Anes and Penalties as shall bee adjudged and Give account thereof to the said Oflicers That noe fines doe goe to the Commission Oflicers but that they bee employed in the buying of Druim^s and Oolours Ital- berds Trumpetts and otlier Xeeessary Charges Reîateing to the Militia to bee disposed off by the severall Commission Oflicers of the Townes or Counties That ail Warrants from the Governour and Councell bee sent to the Majors of each County, who- are to give orders for drawing together the severall Companies of the County. Match Looks being not thouglit necessarv in this Country that none bee obliged to provide thenn That military offences be adjudged By the Major (if présent) and Captaines in each County, but if absent the Captains and Commission Oflicers to adjudge Them. That if any Servant upon prêt en ce of goeing to the warrs against the Enimv doe runne away from his Masters service 21162 LAWS OF THE COLONY OF NEW YORK. he shall if taken be Greviously punished att the direction of the Governonr and Councell. And tliat other persons nctt Excused by Law pretending tender Consciences (soe nott willing to beare armes) doe ûnd a Man to serve in tlieir Stead or pav tlieir fines as tlie Law directs or are Left to agréé witk the Military Ofticers of the place As to otlier matters any way relating to Military affaires nott lierein exprest, ail persons are to be regulated as in his Royall Highnesses Lawes is Directed. And be it further Enacted tliat every person Mustered or to be Mustered shall Once every yeare pay unto the Master Master his Deputy or Deputys by him Appoynted in eacli respective Co-unty the sum of four pence halfe penny [CHAPTER 21.] [Copied from the original in the office of the Secretary of State.] An Act to prevent Arrests of Judg- ments and Superseding Execucons. [Passed, October 27, 1684.] WHEREAS greatt delay trouble and vexacon liatli been and is still Occasioned to the Peuple of this Province as well by arresting and reversing of Judgment s, as by staying of Execu- cons by Writts of Error and Supersedeas; Ree itt enacted by the Governour and Councell and Assemble no-w assembled and by the Autkority thereof, That after Judgment shall bee given in any of the Courts of this Province, the Partes and their heyers shall bee thereof in peace untill the Judgment bee undone by Attaint or Error, to bee brouglit witliin eight and twenty days after Judgment given, in wliicli tirne no Execucon to Issue forth, butt after Execucon no attaint or writt of Error to bee brouglit. And bee itt further enacted, Thatt if any verdict of twelve men shall bee given in any action, Suit, bftl or demand, to bee commenced from and after the first dav of November next ensuing in any of the Courts of this Province, Judgment tliereupon shall nott bee stayed or reversed for Default in forme or lack of forme, or by reason tliere are nott pledges, or butt one pledge to prosecute, or for default of entering Iffedges upon any Bill or Declaracon or for Default of alleging the bringing into Court of any bond, bill, Indenture or other Deed whattsoever, Letters Testamentary, or Letters of Admin- istracon, menconed in the Declaracon or other pleading. or by reason of Omission of Yi et armis, or contra paoem, or for or by reason of the mistaking of the Christian name or SurnameLAWS OF THE COLON Y OF NEW YORK. 163 of the Plaintif! or Défendant, sume or sûmes of money, day, month or yeare by the Clerk in any Bill Declaracon or pleading wliere the same is or are once truly & rightly alleaged in any writt, Declaracon or Record proceeding where the mistake is committed, whereunto the Plaintilï might hâve demurred and shown the same for cause. Butt thatt ail such Omissions vari- ances and defects and ail other matters of like nature, nott being against the right of the matter of the suite nor wlierebv the issue or Trvall are altered, shall bee amended by the Jus- tices or Judges of the Courts where such Judgments are or shall bee given, or whereunto the said record is or shall bee removed by writt of Error. And Bee itt further enacted by the Authority aforesaid, Thatt from and after the first day of November next ensuing, No Exeeucon shall bee stayed in any of the aforesaid Courts by Writt of Error, or Supersedeas thereupon, after Verdict and Judgment. given in any accon reall or personall whattsoever, unlesse sufficient Security shall bee first given with two suf- ficient Suertys, in Double the Value of the action to the Clerk of the Court (wherein such Judgment is or shall bee given) wherein tliey shall bee bound to prosecute the said Writt of Error with Effect, & also to sattisfy and pay (if"the said Judg- ment bee affirmed) ail and singular the Debts, damages and Costs adjudged or to bee adjudged upon the former Judgment, and ail costs & damages to bee also awarded for the same delaying of Exeeucon. And bee itt further enacted by the Authority aforesaid thatt where any person or persons is or shall bee Barred in any accon Reall or personall, by Judgment upon Demurrer, Con- fession or Verdict; Such person & persons and their hevres, are & shall bee Barred as to that or the like action, of the same nature for the same thing for ever. [CHAPTER 22.] [Copied from the original in the office of the Secretary of State.] A Bill for Executing the Judgm’t of the fformer Courts of Assizes & Sessions. [Passed, October 27, 1084.] Whereas By the Alteration of the Courts of Justice within this Province Execution cannot be now awarded on the Judgment obtevned in any of the said Courts, Be it Enacted by this General 1 Assemble and by the authority of the snme that it shall and mav be lawfull for any one of the Judges of Oyer & Terminer164 LAWS OF THE COLONY OF NEW YOSK. and Generall Goale delivery to award and signe Execution on any Judgment obteined in the Court of Assises fformerly held and kept, & For tlie Président for the time being of any of tlie Courts of sessions no-w by Law established to award and signe Execution upon any Judgment obtayned in any of the tformer Courts of sessions held and kept within the Countv in wliich the said President hatli now Jurisdiction, ail whicli Execution shall be as good and effectuait in Law to ail Intents and purposes as if they had been awarded and signed by the Judge or President of any of the said Courts then in Being any Law- Oustome or Usuage to the Contrary hereof in any wise Xotwûtlistanding; Provided ahvays that Execution hatli not been before awmrded or Issued out on any of the said Judgnrts and that, none of the s'd Execu- tions shall be granted unless a w ritt of seire faeias be fîirst Issued out for the party to corne in and then Cause wTiy Execution should not be aw^arded as aforesaid. [CHAPTER 23.] LThe original of this act is not in tlie office of the Secretary of State. This copy was made from the manuscript compilation of the “ Dongan laws,” formerly in the office of the Secretary of State, but now in the New York State Library. The date of its passage, as October 27, 1G84, is given by E. B. O’Callaglian. in Hist. Int. to Journals of the Legislative Council of New York, p. 13.] A BILL for Cording of firewmod. [Passed. October 27. 1684.] WHEREAS great. abuses are ruade by theni that make their pro- fession to Sell firewood wûtliin this province Bee it Enacted by the Governour Councell and Rejiresentatives in Generall Assemble and by the autliority of the Sanie that from and after the first day of July next Ensueing the date liereof noe firewood Shall be Exposed to Sale wuthin this province But onlv Such as Shall be Cutt after the manner of Cordw ood, wliicli Said Cord is to centaine Eight foot in Lengtli four foot in breadth and four foot in liiglit under the penalty of forfeiture of Such firewood as shall be Exposed to Sale Contrary to tlie Tenure of this Act. PROVIDED Ahvays that it Shall and may be lawfull for ail persons to Cutt and hewT or cause to be Cutt and luwved ail manner of firewmod either of a Longer or Sliorter Size as before is Exprest, protided the Sanie be for their owne use and spending and not for sale, provided that the forfeiture of ail wmod shall goe one third to the informer the other to the use of the County.LAWS OF THE COLON Y GF NEW YORK. 165 [CHAPTER, 21.] [Copied from the original in the office of tlie Secretary of State.] A Bill for tlie More speedy and better Collectine tlie Governor iïree and Voluntary Présent. [Passcd, October 27, 1084.] Wbereas severall of the Inhabitants of tliis Province hâve been Backwards in tlie payment of their Rates due by an Act Enti- tuled a Free and Voluntary présent to the CfoTernour and whereas the said Act will expire en the twenly one day of Aprill next ensuing by wliich means no legall way will be left for the Collectine and Receivine the said arrears; Be it Enacted by tliis (îenerall Assembly and by tin» autliority of the same tliat ail Collectors who hâve been Impowered to reçoive any of the said Moneys by Vortue of the said Act, wlio- sliall net niake due payaient of tlie sanie according to tlie true Intent and meanine of the said Act, before the said twenty one day of Aprill next ensuine sliall be lyable to be sued for such sunime or summes as they sliall be in Arrears, and to niake satisfac- tion of the sanie ont of his or their ovni proper Estâtes, and also to pay Ten pounds Dama go for every hundred pounds which they sliall be ffound in arrears, and Loose ail the benefitt acruing to them vertue of the said Act. [CHAPTER 25.] [Copied from the original in the office of tlie Seeretary of State.] An Act for the Encourageai'! of T rade and Navigation w'tliin tliis Province [Passed, October 27, 1084.] For as mucli as oth'r his M’ties Plantations in America hâve and doe dayly reçoive and reap great benefitt & advantage by direct and Iniediate Trade Traftique & Commerce to & from his Ma'ties Reaime of Engl and & y" t the Importation of goods & merchandize of ye growth Produce & manufacture of Eurrope into tliis province from oth'r parts and places liatli been & Is of great préjudice and Tnconvenieney to the Inhab- itants thereof Bee It Enacted by the Oovern'r and Couno'll & Rep-sentatives in Gene'all Assembly mett & assembled & by ye autliority of the same That from and aft’r the first day of November next ensuing.166 LAWS OF THE COLONY OF NEW YORK. Ail goods wares and Merckandizes whatsoever of tke growth Produ’tt’n or Manufacture of Europe as skall be linported into tliis Province or Dependencey or any part tliereof from any oth’r Port or place wkatsoev'r but shall be w’thin the said Reaime of England or otli’r his Ma’ties dominions in Eurrope w’ch by Law may Trade to tlie plantations and fro? tbence be directly Transported to tliis Province siiall pay to his Roy’ll Hig’e and his heirs or to suck Person or p'rsons as by kim or tkem skall be appoyn’d to Coll’ct & Reçoive tke Saine. tke Sum of tenn pound cur’tt money for every kundred Pounds .Value tkereof according to tke Rates & prises of suck Goods, wares or merck’tdize at suck place and tyme as tkey skall be Imported andy’t ail goods wares and merck’tdize of tke growtk produ’tt’n or manufacture of Jemeca Barbadoes or any otk’r ye Caribie Islands tkat from and aft’r tke tyme afores’d skall be Imported into tkis P'vince or Its dependencyes fro’any otk'r port or place but directly from Jemeca. Barbad’s or sonie otk’r tke Caribie Islands tke places of Ils grow’k Produ’tcn and manu- facture Shall pay tke like sum of Tenn £ for every Hundred pounds Value tliereof in nianer as afores'd A for ye bett'r Encouragem’t of Tlie navegation of tkis province: Bee it fur- th'r Enaeted by ye authority afores’d tkat ail wliale oyle & gliale bone & wheat as from and aft'r tke fed first day of November skall be Shipjied or Exported out of tkis province or dependency or any ]>ort tliereof for any otldr port part or place but directly for tke Reaime of England Jemeca Barbadoes or Scrne otldr tlie Caribie Islands shall pay ye Like Sum of 10 £ for every 100 £ Value in man’r afores’d. according to tlie Value wliere tke saipe shall be Shipped and ye ail and every Mast’r of Ships or otli’r Vess’ll tkat shall Intend to sliipp or load any of ye S?d oyle or wliale bone & wheat on board any Sliipp or Vessell whatsoev’r to trancep’t ye Saine ont of tliis province Shall before his tak'n the Sanie on board give Bond to Suck Oflic’r as shall be appoynted to Coll’ct and Reçoive his Roy’l High’es Custom in Suck port where the Same is to be Shipped Or Loanden with sufficient security for double tke Vallue of tke said Oyll and Whale Bone & Wheat to be shipped or Loaden, Tkat the same Shall be carryed and delivered att some Port or Place within the said Reaime of England Jamaico, Barbados or some otlier ye Caribee Islands and att no other Port or Place whatsoever and tkat they will produce a Cer- tificate of such the Deliverv att ye places aforesaid under tke hand of some publique officers within twelve months after the said Bond given (the Dangers of tke seas excepted) under ye paines penaltyes and fforfeitures as in the Act made this présentLAWS OF THE COLONY OF NEW YORK. 167 session of tlie assembly ffor the Establishm/t of Custuni and Excise foi* Defraying tlie Charge of the GovernnTt is particu- larly mentioned and Expressed to be sued and Recovered as therein is directed; Provided that notliing in tliis Act shall be Constrned or lntended to préjudice or lay any Imposition upon ve Traders to and froin Newfound Land, Westeren Islands, or ye Madera- (five or six lines torn off.) Nor upon anv Oyle Whalebone that shall be shipt off att the Port of New Yorke any thing in this Act to the Ccntrary in any wise notwithstanding And this Act to Romaine in fforce during the Time of Eleven Years after the ffirst day of November next ensuing and f rom tlience untill the end of the next session of the Generall Assembly; [OHAPTER 26.] [Copied from the original in the office of the Secretary of State.] A Bill to prevent Damages done by Casting Ballast Into Rivers. [Passed, October 28, 1084.] Be it Enacted by this Generall Assembly and the autliority thereof That no shipp, Sloop or Boate or vessell wliat kind soever shall Cast out any Ballast ont of the said shipp Sloop or vessell Into any River, Creeke, Roade, Harbour or Dock within this Pro- vince upon'the penalty of Tenn Pounds Currant money of this Countrey to be paid to the use of the Countrey, for every such offence being thereof lawfully convicted. [CHAPTER 27.] [Copied from the original in tlie office of the Secretary of State.] A Bill For an Annuall salary to the Judges of this Province. [Passed, October 28, 1084.] FORASMUCH as the speedy & easy administration of Justice under the fforme and Method now Establislu^d for the Judges of the Province to hear, try and détermine ail Actions & Causes and give Reliefe therein to ail sorts of persons in the severall Countys and partes thereof without putting the suitors or persons Concerned in any Action Cause or Controverse to the trouble. Charge and Expense of Travailing out% of tlieir Countys Justice being brought to their Doores and ail parts and persons partaking of the Ease and Beneffitt thereof is of Great proffitt168 LAWS OF THE COLONT OF NEW YORK. and very Commodious to the Inhabitants But not done & per- formed witkout great trouble paines and Expense to the persons appointed to be Judges who in ail places bave an allowance or yearly Stipend out of thePublique towardsmaintaining Support- ing and defraying the sanie, Be it Enacted by the Governour Coun- cell and Représentatives in Generall Assembly inett and Assem- bled and by the authoritv of the saine tliat frorn & after the first day of November next Ensueing the Dates of those Présents Annu- ally and every Yeare there shall be allowed & payed unto such persons as now are or shall be appointed Judges of tliis Province out of the publique revenue, Incombe or Treasury of the severall Countyes hereafter named already Raysed or be raysed by Vertue of an Act made tliis sessions of Assembly Entitled an Act for the Defraying of the Publique and Necessary Charge of each respective Citty Towne & Countv througliout tliis Province or by any other sucli Manner of Wayes or nieans as by the Consent and agreement of the Major part of the Inhabitants of each Respective Countv or Towne shall be thought ffitt & most con- venient tlie sumnie of two hundred & two pounds tenn shillings to be levied and payed in manner and proportion fïollowing That is to say By the City and Countv of New Yorke Thirty ttive Pounds, By the Countv of Westcliester ffiveteen pounds, By the Countv of Richmond ffiveteen pounds, By the Oounty of Ulster twenty ffive pounds, By the Countv of Albany twenty seaven pounds tenn shillings, By Kings Countv twenty ffive pounds, By Queens Countv twenty ffive pounds, By the Countv of Suffolke thirty ffive pounds, And for the due and orderly payïnent of the said Severall sumiiis amounting to two hundred and two pounds tenn shillings as aforesaid Be it ffurther Enacted by the Authoritv aforesaid That Annually and every Yeare the same shall be by the said Severall and Respective Countys payed unto the Treasurer of the Citty of New Yorke for the tiine being att New Yorke in Current silver money on or before ye thirty tirst Day of October without Abatement or Allowance for any Charge Trouble or Expense whatsoever And the said Treasurer is to Reçoive the Same and pay and deliver it to the said persons as now are or shall be appointed to be Judges of tliis Province when demanded without Charge and Allowance to no other person or persons whatsoever, And Be it ffurther Enacted by the authoritv aforesaid that if any of the said severall and Respective Countys shall refuse and neglect to make payement of the said severall summs and proportions by thern to be payed as aforesaid att the time and place before mentioned and appointed that then for every day after the said day before mentioned and appointed for .lie payement thereof & untill the wliole summe shall be fully payed and satisfyed such Countv or Countyes as are deffective thereinLAWS OF THE COLON Y OF NEW YORK. 169 shall each and every of tlieni fforfeit and pav for the uses of,the,said Judges the ffurther sunnne of two shilks & Six penc per Dieon ffor such their default after the thirty first day of october This Aet to Continue for the space of three yeares from the first day of Xovember Xlxt Ensueing the date of these présents being in the year of our Lord 1684 & No longer. [CHAPTER 28.] [Copied from the original in the office of the Secretary of State.] A Bill for Altering the time of the Court of Sessions in the Oounty of WestChester [Passed, October 29, 1684.] WHEREAS the Courts of Oyer and Terminer and Court of Sessions within the County of West Chester happen to be at one and the Same time winch will be very inconvénient Be it Enacted b y this General 1 Assembly and by the Authority of the Same That the Court of Sessions appointed to be held and kept for the Said County on the first Tuesday in December shall from henceforth be kept and held on the third Tuesday in Xovember Annually and every yeare any Law to the Con- trarv liereof in any wise notwithstanding. [CHAPTER 29.] [The original of this act is not in the office of the Secretary of State. This copy was rnade from the manuscript compilation of the “ Dongan laws,” formerly in the office of the Secretary of State, but now in the New York State Library. The date of its passage, as October 29, 1684, is given by E. P>. O'Callaglian, in Hist. Int. to Journals of the Legislative Council of New York, p. 18.] A BILL Concerning fformer Mortgages. [Passed, October 29, 1684.] WHEREAS It hath beene the Custome and practice of the anc-ient inhabitants of this province Comonly called Dutch, to use and Exercise the Methods of their owne nation, in Mort- gages of Lands liouses and Tenements wliich is not according to the usage and method of England, and the now Established Lawes of this province Bee it Enacted by the Governour and Councell and Représentatives mett in Generall Assembly and by the authority of the same That ail such Mortgages of Lands hou ses and Tenements duely and Legally obteined and rnade according to the former Customes cf this province, before its 22170 LAWS OF THE COLOXY OF NEW YORK. Restauration to his Marrie and Royall Higlmesse sliall be deemed and adjudged in any of the Courts of Equity and Courts of Record witliin tliis province as Effectuall in Law and Right as if acccrding to the inetliods and practice of England or the Lawes now Establislied. PROYIDED that ail such mortgages sliall be sued or renewed within Eighteen montlis after the Date of these prémisses Any acts Custome or Usage to the Contrarv notwithstanding. [CHAFTER 30.] [Copied from the original in the office of the Secretary of State.] An Explanation of the Continued Bill for defraying the Requisite Charge of the Government ; [Passed, October 29, 1(584.] WII ERE AS there ma y Arise Différences between His Royall Highness Collecter and the merchants trafïicquing to tliis Province by the uncertainty of the Ifirst Cost mentioned in An Act Intituled a Continued Bill for the Defraying the Requisite Charges of the Governm't for the Removall thereof, And also for the better ascertaining and Establishing the Revenue, and poundage therein expressed, Be it Enac-ted by the Governor Councell and Représentatives in generall Assemble mett, and by the Autliority of tlie same that the Certain Duty of ten per Cent Established by the said Act upon mercliandizes Com- monly Called Indian gocds that sliall be valued after the man- ner hereafter specified, and not otlierwise That is to say for ail Indian goods Called Indian Duffells P yard two shillings and foure pence, Indian stronds, halfe a peice ffoure pounds, the Whole eiglit pounds, Indian Blanclcitts F peece ffoure pounds, Indian plaines Cotton F Yard one shilling and six pence, Indian halfe shickes P yard one shilling and Tenu pence Indian Wliite Olembriggs the Englisli Elis Eiglit pence, Indian Ivittles the hundred weight six pounds, Indian Hatchetts the Doze-n* twelve shillings, Indian Hoes the Do-zen twelve shillings, Read Lead the hundred weight twenty shillings vermillion the pound ffoure shillings, Cotten the Yard one Shilling and foure pence, Red Karsey the yard two shillings six pence Knives the Dozen three shillings, Indian shirts P dozen twenty shillings, sliott P hundred fifteen shillings, estimated, The said merchant or Importer shall pay liis duty, without further delay or molestaticn, And Also in the said Act Intituled a continued bill for the Defraying the necessary Charge, There Appears a great üneertainty upon what sort of mercliandises the Like duty of two P Cent shall be paid, For the further Clearing & explaining the Intent of this Assemble It is hereby declared That it was not the Meaning or Intent of this Assembly That any of the Gcods or Mercliandises hereafter specified should \n\y any Duty or Imposition That is to say Porke, Oyll, Tarr, Flax, Soap, Candies, Clieese, Butter, Beef, Fisli, Whalebone, IIopps, Apples, Pears, Syder, Firewood, Planks. Boards, Peltry, Beavers, Sheeps wool, Onyons, Dressed Dearskins, Tallow Hydes, sait, Honey, Beeswax, Indian Corn, wheat, Barley Rye peesse, or any other sort of Graine, of tlie Growtli or production of cur Neiglibouring Collonys vis't: Carolina, Virginia, Maryland, Pennsylvania, East and West Jersey, Connetieut, Rliode Island, plinnoch, Matha- thusetts or from any other port or place upon the Mayne Called New England Imported to this Province. [CHAPTER 31.] [Copied from the original in the office of the Secretary of State.] An Act for the confirming ail Judgments and proceedings in the former Courts, taking away the General 1 Court of Assizes. [Passed, October 29, 1684.] Bee itt Enacted, and itt is hereby enacted by the Governor Councell and Représentatives now assembled and by the172 LAWS OF THE COLON Y OF NEW YORK. Authority of the saine; Tliatt no verdicts, Judgments, Decrees, Sentences, Probates of Wills or Letters of Administracon Or any Writts, Actings, Orders, or other proceedings in Law or Equity, had, niade, given, taken or doue in any Court or Courts witliin this Province of New Yorke, before tlie beginning of tliis présent Session of Asseuibly sliall ait any time hereafter upon any pre- tence colour, or cause wliatsoever bee brought into question Examined altered or reversed by any other Court power, Juris- diction or Authority whatsoever, nor any Execucon thoreupon had, made, given, doue or sutfered, butt ail sucli Verdicts, Judg- ments, decrees, Sentences, ]>robates of Wills or Letters of Administracon, Writts, actings, orders proceedings and Execu- cons thereui)on, are liereby ratifyed and contirmed and to remaine in full force and Yertue: Neither sliall any Judge Justice of the Peace, Magistrale Minister, Sheritï & any ofticers of the Courts of Justice ait any time or times hereafter be sued, trou bled, questioned molested or brought to answer before any Court power Jurisdiction or Authority whatsoever for any matter Cause or tliing by him them or oit lier of tliem ait any time before the beginning of this présent Sessions of Assemble acted suffered Committed or doue by Yertue and in jiiirsuaiKr of tlieir severall and respective ])laces officias and trusts, butt ail the said Magis- trates, Ministers, Slieriffs, & other Ofticers of Courts of Justice sliall be and are lierebv for ever absolutely and fully acquitted released endempnifyed and diseharged therefrom: Provided always tliatt ail sucli Verdicts, Judgments and decrees liave been wliere botli ]>artys liave appeared and pleaded. or att least hâve been legally summoned to make tlieir Auswits. And forasmuch as the Oenerall Court of Assizes, heretofore held annually in this Province is of great charge and Expence to the saine, and by reason of tin* Créât number of the members tliereof nott so fit t & capable to lieare and détermine matters and causes of Civil nature, usually broughtto the said Court; Bee itt enacted by the Authority of this Présent. Assemble; Tliat the said Court called the Oenerall Court, of Assizes and ail Jurisdic- tion power and Authority bolonging unto or used or exercised in the said Court or by any the Judges, Ministers or Members tliereof, bee from the first day of November next ensuing clearly & absolutely dissolved taken away and determined & tliat from and after the said first day of November next ensuing, Neither Judge Justice Member or Minister of the said Court wliattsoever shall hâve any power or Authority to lieare Examine or déter- miné any matter or thing wliattsoever in the said court called the Generall Court of Assizes or to prénommé or deliver any Judgment. Sentence Order or decree or to do any Judiciall or Ministeriall act in the same Court: Provided always thatt ailLAWS OF THE COLONY OF NEW YORK. 173 actions suites or Complaints now depending in the said Court of Assises eitker by Bill, plaint, Declaracon, appeale, review, by Peticon to tlie Governor and Councell, or any other ways or means wliattsoever, sliall bee ended determined and fmished by the High Court of Chancery. SECOND GENERAL ASSEMBLA, HE LD AT FORT JAMES IN THE CITY OF NEW YORK. First Session, October 20,. 1685. Thomas Dongan, Governor. CHAPTER 1. [Copîed from the original in the office of tlie Secretary of State.] A Bill against Sabbath breaking. [Passed, November 3, 1085.] fforasmuch as there is nothing more acceptable to God than the true and Sincere service and Worshipp of liini according to liis holy will And that tlie lioly keeping of the Lords day is a principall part of the true Service of God which in very many places of tliis province hath been and now is p'fained and neglected by unlawfull travelling or Journying upon the Day aforesaid by shooting liorseliuriting and horseracing rideing on steeds unnecessary liunting and tipling in Alehouses taverns & other ]>ublick houses and other unlawfull Exercises and pastimes alsoe Exereising wordly labour bussinesse or work(‘ of Ordinary Callings Except works of necessity and Charity or other Extra- ordinary Occasions to be allowed by Sonie Justice" of tlie peace On the Lords day Bee it Enacted by the Governour Councell and Rep'sentatives in Generall assenibly mett and assembled and by the autliority of tlie Same That whatsoever P’son or P’sons shall be Convicted of any the aforesaid Sabbath breakes before any one Justice of the peace or Constable in liis absence of any towne by Vieil Confession or proofe of one or more Sufficient witnesses Every Such person soe otïending shall for Eevery such Offence forfeit and pay the summe of Six shillings and Eight pence to the use of Such towne or place where Such offence shall be Committed And upon refussall or neglect of payment of the said six shillings & Eiglit Pence for Every Such Offence the Same to be levved by a Warrant from any Justice of the peace of the place where such Offence shall be Comitted or the goods and Chattles of such Offender And for Want of such goods or Chattles the party offending to be Committed to the stocks by the Constable for the space of two houres for Every Such Offence Provided Alwayes174 LAWS OF THE COLONY OF NEW YORK. That jaoe persan shall be prosecuted upon this Act unlesse within tenne dayes Space after the Offence Comitted. [CHAPTER 2.] [Copied from the original ih the office of the Secretary of State.] A Bill against swearing and Cursing [Passed, November 3, 1G85.] fforasmuch as ail prophane swearing and Cursing is for- bidden by the Word of God Bee it therefore Enaeted by this Generall Assembly and by lhe Authority thereof That if any person or persons shall at any time hereafter profanely 8wear or Curse in the hearing of any Justice of the peace in the County or any Mayor or head Officers in any Citty towne or Village where sucli Offence shall be Comitted or shall be thereof Convieted by the oaths of two witnesses or by Confession of the party before Every such Justice of the peace or head Officer Every Such Offender being above the âge of twelve yeares shall for Every time soe Offending forfeit and pay to the use of the poor of Such place where such Offence shall be Com- mitted the Sume of One Shilling Currant money of this province or Equivalent thereunto And upon Refusall to pay the Sanie as aforesaid the Said sume shall be levyed by destresse and Sale of the Offenders goods by Vertue of a warrant from the Justice of the peace of Such place rendering to the Offender the Overplus And fer want of Such destresse the Said Offender shall be Committed to the stocks for the space of three whole hours by Warrant as aforesaid ffurthermore Bee it Enaeted by the authority aforesaid that any person offending against this Law by prophane Swearing cr Curseing being under the âge of twelve yeares and shall be Convieted as aforesaid and shall not forthwith pay the llke Sume of One shilling lie or she by Warrant of Such Justice of the peace or head Officer shall Bee whipped by the Constable or by the parentj or Master in the p’sence of the Constable Every Offender against this Law shall be Complained of and proved as aforesaid within twentv dayes after the Offence Committed. [CHAPTER 3.] [Copied from the original In the office of the Secretary of State.] A Bill against Drunkennesse [Passed, November 3, 1685.] Whereas the Loathsome and Odious Sinne of Drunkennesse is growne into Comon use within this province being the rootLAWS OF THE COLONY OF NEW YORK. 175 and foundation of many other Enormous Sinnes as bloodslied stabbing iuurther swearing fornication Adultery and such like to the Great Dishonour of God and of this province Bee it therefore Enacted by tlie Governour Councell and Rep’senta- tives in Generall Assembly mett and Asseinbled and by the Authority of the Sanie tliat ail and Every person and persons who shall be drunke and of the saine Offence of Dninkennesse shall be Lawfully Convicted shall for Every Such Offence forfeit and pav five shillings Cur’t inoney of this province to be paid within One weeke & after his lier or tlieiH kmviecon thereof to the hands of the Constable of that towne Cittv or Village Where the Offence aforesaid sliall be Coniniitted for the use of the poore of Such Said place such Oonviccon to be niade by the Confession of the party or oatli of one Crédible Witnesse And if the said person or persons so Convicted shall refuse or neg- lect to pay the said forfeiture as aforesaid tlien the Same shall be froni time to time levyed of the Goods of Every Such person or persons soe refusing or neglecting to pay the Sanie by War- rant froni any one or more Justices of the peace of the Said Cittv towne or Village before wliom the said Conviccon shall be And if the Offender or Offenders shall not be able to pay the Said Sume of five shillings Tlien tlie Offender or Offenders for Every such Offence shall be Ooinitted Hro- the stocks for the space of Six houres by the Constable cf Such Citty towne or Village. [CHAPTER 4.] [Copieci from the original in the office of the Secretary of State.] A Bill for Regulating the proceedings of monetlily Courts throughout the Province. [Passeel, November 4, 1685.] WHEREAS it is found inconvénient and very prejudiciall to the inhabitants witliin this province. That their monthlv Courts hâve not power nor can try any action or cause of action above the sume of forty Shillings Bee it thereof Enacted by the Governour and Councell and Représentatives in Generall asem- bly conveened and the authority of the same That it shall be Lawfull for the said monthly Courts of the respective townes within this province, to try and finally détermine ail actions and cause of actions within the said respective townes, to the Sume of five pounds current mony of this province or équiva- lent thereunto and that they shall hâve the same power to heare and détermine every Such action in the absence of the party Sumoned, As they are allowed in an act intituled (an17g LAWS OF THE COLOXY OF NEW YORK. act to Settle Courts of Justice) for forty Shillings And that it shall and may be Lawfull for any person or persons to hâve a Jury upon tlie request if the issue be for above forty Shillings The wliich Jury shall bee paid by such persons, As shall hap- pen to be Cast in said action. AND bee it further Enacted by the a.uthority aforesayd, That it Shall not bee Lawfull for anv Courts or Courts of Justice within this province Superior to the said Montlily Courts To try any action or actions in any County within this province for the Sume of five pounds or under, Except in the citty of New Yorke and the Towne of Albany PROVIDED that it Shall be Lawfull for any one of the Conirs of the Said nionthly Courts to issue out his Warrant to arrest any person or persons who are not freeholders of their County for any Sume or Sûmes of nioney under the Sume of five pounds And for want of a prison in any towne or townes That tlien It Shall be Lawfull to and for any the said Com’rs for want of baile To Commit such person to the Goale of the County PROVIDED that this bill Shall be in force for The Space of Seaven Yeares from the first day of the Session of this présent Generall Assembly And no longer. [CHAPTER 5.] [Copied from the original in the office of the Secretary of State.] A Bill for ye removall of the Courts of Sessions from Graves end unto Flatt Bush. [Passed, Novomber 7, 1GS5.] Whereas by an Act of Assembly Intituled an Act to settle Courts of Justice it was ordayned and enacted that the courts of Sessions for Kings County Should be lield and holden within ye Towne of Gravesend at or upon such severall dayes as are within ye sayd Act Thereto appoynted Forasmuch therefore that by expérience it hatli been found very inconvénient to the Inhabitants of Ivings County to repayr every sessions to ye Towne of Gravesend ye sayd Towne lying and being situate on the very edg of sayd Kings County. Be it Therefore Enacted by the Governor Councill and Repré- sentatives now mett and assembled in Generall Assembly and by the authority of the same That ye Aforesayd Courts of Sessions formerly Established at Gravesend shall from and after ye first day of December next ensuing ye date of this présent Act be wholly removed from ye sayd Towne of Gravesend, unto ye Towne of Flatt Bush in ye aforesa’d County and the sayd CourtsLAWS OF THE COLONY OF NEW YORK. 177 of sessions then and there to be held upon ye same day or days as by a Clause in ye Act to settle Courts of Justice was appoynted for Gravesend; any thing in aux former Act or Clause thereof to tbe Contrary, in any wise Notwithstanding. [CHAPTER G.] [Copied from tbe original in tbe office of tlie Secretary of State.] A bill Concerning Swine. [Passed, November 19, 1G85.] Whereas there was an act made By tlie Last Generall Assembly Entituled an act to prevent damages doue by Swine, Wliicli by reason of tbe Strickness thereof It hatli been found very pre- judiciall and of ill conséquence to tlie Inhabitants of tins province And forasimucli as a Generall Law In this Ivind May not be equally Convenient to ail places Bee it Enacted by tlie Governor Councell and Représentatives in Generall assembly mett and assembled And by tbe authority thereof Tbat tbe said act liere- tofore made Concerning Swine And Every clause thereof Shall be from and after tbe first. day of May next Ensueing Repealed and utterly void and of non effect And bee It further Enacted by tbe authority aforesaid Tbat it Sliall and may bee Lawfull for tbe inhabitants of any towne or townes Witbin this province By warrant under tbe hand and Seale of sonie one Justice *of tbe peace of tbe Countv witbin which tbe said towne doeth lye To conveen and meet together soe often as occasion Sliall requyre And to consult of and niake such Lawes and Ordinances Con- cerning tbe Keeping and providing for Swine as to tliem Shall Seem meett and Convenient PROTIDE!) always Tbat non of tbe said Lawes or Ordinances Bee Répugnant to tbe Laws of this province PROVIDEI) also tbat two of tbe Justices of tbe peace of ye said County Together with tlie Major part of tbe Inhabitants of the said Towne doe consent And tbat ail bee duly Summoned to bee at tbe said towne meeting Wbere Sucb Lawes are made as aforesaid COMMISSION OF GOVERNOR DONGAN, 1686. [A portion of tlie commission relating to tlie enactment of laws is printed here and is copied from Doc. Rel. to Col. Ilist., of N. Y.. III, p. 377. The original is in London, in New York Entries, I, 85-107.] James tbe Second by the grâce of God king of England, Scotland, France and Ireland Defender of tbe fïaith &c To our trusty and welbeloved Thomas Dongan Esqr Greeting. ********* 23178 LAWS OF THE COLONY OF NEW YORK. And wee doe hereby give and grant unto yon full power and Anthority, with the advice and consent of onr said Council or the major part of them, to make, constitute and ordain Laws, Statutes and Ordinances for the publiek peace, welfare & good Govern- ment of our said Province and of the people and inhabitants thereof and such others as sliall resort thereto, and for the benefit of us, our hoirs and successors. Which said Laws, Statutes and Ordinances are to bee (as near as conveniently may bee) agreeable to the Laws and Statutes of this Our Kingdom of England. Provided tliat ail such Laws, Statutes and Ordinances of what nature or duration soever bee within three months or sooner after the making thereof transmitted unto us under our Seal of New York for our Allowance and approbation of them, as alsoe Duplicats thereof by the next eonveyance. And wee doe by these présents give and grant unto you full power and Authority by & with the advice and Consent of our said Council or the major part of them to Impose and Assess, raise and levy such rates and Taxes as you shall find necessary for the support of our Government of New York, to bee collected and levied and to bee employed to the uses aforesaid in such manner as to you and to our said Council or ye major part of them sliall seem most equal and reasonable. #******## Great Seale, dated 10 June 1086 in ye second year of the King. INSTRUCTIONS TO GOVERNOR DONGAN, 1686. [A portion of the instructions relating to the enactment of laws is printed liere and is copied from Doc. Rel. to Col. Hist., of N. Y., III, p. 369. The original is in London, in New York Entries, I, 10S.] Instructions to our Trusty and welbelovd Thomas Dongan Esqr Our Captain General and Govr in cheif in and over our Province of New York and the Territorys depending thereon in America. Given at Our Court at Windsor this 29tli day of May 1686 in ye second year of Our Reign. With these our Instructions you will reçoive our Commission under Our Great Seal of England, constituting you our Captain General and Governer in Cheif of our Province of New York and the Territorys depending thereon in America. 1. Whereupon you are forthwith to call together the members of our Council for tliat our Province, by name Anthony Brok- holes, Frederick Philips, Stephanus van Courtland, Lucas Santen, John Spragg, Jervas Baxter and John Young Esquires.LAWS OF THE COLON Y OF NEW YORK. 179 2. At wliieh meeting after having publislied in usual manner Our said Letters latents constituting you Our Captain Gen- eral & Govr in Clieif of our said province & Terri tory s. 3. You shall take rare vourself and alsoe administer to eack of ve members of ye Council as well the Oatli of Allegiance, as ye Oatli for the due execution of their places and Trusts. 4. And you are to coinmunicate unto said Council, from time to time, sucli & soe many of our Instructions as you sliall find convenient for our service to bee imparted unto them. 5. And Our further will and pleasure is that tlie members of our Council skall & may bave & enjoy freedom of Debate & Vote in ail tbings to bee debated of in Council. G. And altho, by our Comission aforesaid wee liaue thought fit to direct that any Tliree of our Counselors make a. Quorum ; It is nevertbeless Our will & pleasure tliat you doe not act witli a Quorum of less tban Five Members unless in case of necessity. 7. And that wee may bee always informed of the names of persons fit to supplv ye vacancys of Our Council in New York. 8. You are to transmit unto us & to ye Lords of our privy Ccuncil appointed a Committee of Trade & fïoreign Plantations, with ail convenient speed, the names and characters of six per- sons Inhabitants of Our said Province and Territorys, wliom you sliall esteem the best qualified for tliat Trust. And soe from time to time when any of them sliall dye, départ out cf our said Colony or become otherwise unfit, You are to supplv ye first number of six persons by nominating other tO' us in their stead. 9. And you are from time to time to send us & our Com- mittee of Trade & Plantations ye names & qualités of any members by you put into Our said Council by ye first eon- veniency after your soe doing. 10. And in the choice and nomination of the members of our Council as also of the Principal Officers, Judges, Assistants. Justices & Shérifs, you are always to take care that they bee men of estate and abiiitys and not nécessitons people or mu ch in debt, & that they bee persons well affected to Our Govern- ment. 11. You are not to suspend ye members of Our Council with- out good and sufficient cause. And in case of suspension of any of them, you are forthwith to transmit unto us, & to our Committee for Trade & fïoreign Plantations your reasons for soe doing. together with ye charges & proofs against the said persons, & their Answer thereunto.180 LAWS OF THE COLONY OF NEW YORK. 12. And whereas wee hâve been presented with a Bill or Charter passed in ye late Assembly of New York, containing several franchises, privilèges & Iminunitys mentioned to be granted to the Inhabitants of our said province, You are to Déclaré Our Will & pleasure that ye said Bill or Charter of Franchises bee forthwith repealed & disallowed, as ye sanie is herebv Repealed, determined & niade void. But you are nevertheless with our said Council to continue the Dutvs & Impositions therein mentioned to bee raised untill you shall with the consent of the Council settle sucli Taxes and Imposi- tions as shall ,be sufficient for ye support of our Government of New York. 13. And our further will and pleasure is that ail other Laws, Statutes & Ordinances already made witliin Our said Province of New York shall continue & bee in full force & vigor, soe far fortli as thev doe not in any wise contradict impeach or derogale from this Commission or the Orders & Instructions herewith given you, till you shall, with the ad vice of our Council, pass other Laws in our Name for the good government of our said Province, whieh you are to doe with ail convenient speed. 11. And you are to transmit authentick Copies under ye Publick Seal, of ail Laws, Statutes & Ordinances whicli at any time shall bee made & Enacted within Our said province, unto Us & our Committee for Trade & fforeign Plantations, within three months or sooner after their being enacted, together with Duplicata tliereof bv the next conveyance npon Pain of our Higliest displeasure & of ye forfeiture of that year’s Salary wlierein you shall at any time or upon any pretence wliatsoever, omit to send over ye said Laws & Ordinances as aforesaid within ye time above limited. 15. And if any laws, Statutes & Ordinances made & Enacted by you & Our Council or our Governour & Council of New York for ye time being, shall at any time be disallowed & not approved and soe signified by us, Our Ileirs or Suceessors under Our or their Signe Manuel or Signet or by Order of Our or their Privy Council unto you ye said Tho: Dongan or to our Governour or Com- mander in cheif of Our said Territorvs for ye time being: Tlien Such & soe many of tliem as shall be so disallowed & not approved, shall from thence fortli cease & become Yoid. 10. And you are to observe in the passing of Laws, that ye Stile of Enaeting the same By the Governor & Council, bee hence- forth used and noe other. ********* By His Majestvs Command.LAWS OF THE COLOXY OF NEW YORK. 181 DONGAN CHARTER OF THE CITY OF NEW YORK, 1686. [The Donpm Charter of the City of New York is in tlie office of tlie Comptroller of the City of New York, and this copy lias been compared with the original. It is also recorded in the office of the Secretary of State in Vol. 5 of Patents at p. dSl. The original charter is indorsed as follows: Recorded in the Secretary’s office for this province of New Yorke in lib. No. 1, booke of Pattents, begtui 1084, froni page 278 to ’M). J. Spragg. SecT. May it please your Ilonor: The Attorney Généra 11 Hatli perused this Pattent And tinds notliing Contained tlierein prejudieiall to liis Majesty’s Interest. Examined, Aprile 27, 1080. I. A. Graham. New Yorke, NovT* 5tli, 1713. Itec'd of Mr. Samuel Bayard, the city Treasurer. twenty sevon Beavers skins in fit 11 for twenty seven years ody Politique and Corporate and the Cittizens of the said Citty liave lield used and Enjoyed as well witliin the saine as else wliere in the» said Province Diverse and Sundry Riglits Libertyes Privilidges franchises ffree Cus- tornes Preheminences Advantages Jurisdiccons Emolunnmts and Inimunity(‘S as well by prescripcon as by Charter Letters Pat- tents, Grants and Confirmacons not only of Divers Governours and Commanders in Clieife in the said Province butt alsoe of Severall Governours Directors Generalls and Commanders in Chiefe of the Neitlier Dutcli Nation wliilst the same was or lias beene under tlieir Power and Subjeccon AND WHEREAS Divers Lands Tennements and Heriditaments Jurisdiccons Libertyes Immunityes and Privilidgies bave heretofore been Given and Granted or menconed to be Given and Granted to the182 LAWS OF THE OOLONY OF NEW YORK. Cittizens and Inhabitants of the said Citty sometimes by the name of Scout Burgomasters and Scliepens of the Citty of New Amsterdam and sometimes by the Name of the May or Aldermen and Commonality of the Citty of New Yorke Sometimes by the name of the Mayor, Aldermen and Sherilïe of the Citty of New Yorke sometimes by the Name of the Mayor and Aldermen of the Citty of New Yorke and by Diverse Other Naines as by their Sev- erall Letters l'a tien ts Charters Ctrants Write ings Records and Immunityes ainongst other things may more fully Appeare AND AVI IEREAS the Cittizens and Inhabitants of the said Citty liave erected Built and Appropriated at their owne IToper Costs and Charges several Pub- lique Buildings Accomodatdons and Coiiveniences for the said Citty (that is to say) the Citty Hall or State House with the Ground thereunto belonging two Markett Houses the Bridge into the Dock the Wharf es or Dock with their Appurtenanees and the New Buriall place without the Gâte of the Citty and liave Establislied and Settled one fferry from the said Citty of New Yorke to Long Island for the Accomodacon and Corn veniency of Passengers the said Cittizens and travelers AND WHEREAS Severall the Inhabitants of the said Citty and of Manhatans Island Doe liold from and under his most Sacred Majesty Ilespectively as well by Severall and Respective Letters Pattents Grants Charters and Conveyances made & Granted by the la te Leivtenants Governours or Commanders in Clieife of the said Province as otlierwise severall and Respective Messuages, Lands Tenements and Heriditaments upon Manhatans Island and in the Citty of New Yorke aforesaid and that as well the said Mayor Aldermen and Commonalty of the said Citty and there Successors as also the Inhabitants of the said Manhatans Island and Citty of New Yorke aforesaid and there Heires and Assignes respectively may liold Exercise and Enjoye not only such and the sanie Liberty es Privilidges, ffranchizes, Rights, Rovaltyes, ffree Customes, Jurisdiccons and Immunityes as they hâve Antientlv liad used lield and Enjoyed butt alsoe such Publique Buildings Aceomodaeons. Conveniencyes Messuages, Tennements, Lands and Heriditaments in the said Citty of New Yorke and upon Manhatans Island aforesaid, which as aforesaid hâve been by the Cittizens and Inhabitants Erected and Built or which hâve' as aforesaid been held En- joyed Granted and Conveyed unto them or any of them respect- ively IvNOW YEE therefore that I the said Thomas Dongan by Virtue of the Comicon and Authority unto me Given and Power in me Resideing at the humble Peticon of the now Mayor Aldermen and Commonalty of the said Citty of New Yorke and for Diverse other Good Causes and OonsideraconsLAWS OF THE COLONY OF NEW YORK. 183 me thereunto moveing hâve Given Granted Rattiüed and Con- firmed and by these Présents for and on tlie behalfe of his most Saered Majesty aforesaid liis Heires Successors and As- signes Doe Give Grant Rattify and Confirme unto the said May or Aldermen and Cominonalty of the said Citty ail and every sucli and the saine Liberty es Privilidges and Ifranehizes Riglits Royalties, ffree Customes Jurisdiceons and Imnnmityes whieh they by tlie Naine of the May or Aldermen and Conimon- alty or otlierwise hâve Antientiy liad held used or Enjoyed PROTIDE!) Alwayes tliat none of the said Libertyes Privilidges ffranchizes Riglits lïree Customes Jurisdieeons or Immunityes be inconsistant with or Répugnant to the Laws of his Majestyes Kingdome of England or any other the Laws of the Generall Assembly of tliis Province and the aforesaid Publique Build- ings Acconmiodacons and Conveniencyes in the said Citty (that is to say) the aforesaid Citty Hall or State House with the G round thereunto belonging two Markett Houses the Bridge into the Dock the wharfes or Dock the said New Buriall Place and the aforenienconed fferry with tlieir and every of their Riglits Members and Appurtenances together with ail the Protlitts BeneÜitts and Advantages whieh sliall and may Accrue and Arrise att ail times liereafter for Dockage or Wharf - age witliin the said Dock with ail and Singular the Rents Issues Protlitts Gaines and Advantages whieh sliall or may Arrise Grow or Accrue by the said Citty Hall or State House & Ground thereunto belonging markett Houses Bridge Dock* Burying Place fferry and other the above menconed Premissess or any of tliem and also ail and every the Streets Lanes High- wayes & Alleys witliin the said Citty of New Yorke and Man- hatans Island aforesaid for the Publique use and Service of the said Mayor Aldeimen and Comonalty of the said Citty and of the Inhabitants of Manhatans Island aforesaid and travellers tliere togather with full Power Lycmice and Author- ity to the said Mayor Aldermen and Comonalty and their Suc- cessors forever to Establisli Appoint ordiu* and Direct the Es- tablishing makeing Laving ont Ordering Amending & Reipaire- ing of ail Streets Lanes Allyes Highwayi^s Water Courses fferry and Bridges in and tlirough ont the said Citty of New Yorke and Manhatans Island aforesaid Necessary Needfull and Con- venient for tlie Inhabitants of the said Citty and Manhatans Island aforesaid and for ail Travellers and Passengers there PROYIDED alwayes that this said Lycence soe as above Granted for the Establisheing makeing and Layeing ont of Streets Lanes Alleys Highwaves fferry and Bridges be not Extended or be Construed to extend to the takeing Awav of any Person or184 LAWS OF THE COLON Y OF NEW YORK. Persons Right or Property without liis lier or their Consent or b y sonie knowne Law of tlie said Province AND for the Con- sideraeons aforesaid I Doe Likewise Give Grant Rattifie and Confirme unto ail and Every tlie Respective Inhabitants of the said Citty of New Yorke and of Manliatans Island aforesaid and tlieir Severall and Respective Heires and Assignes ail and every the Severall & Respective Messuages Tennements Lands and Hereditaments Scituate Lyeing and being in the said Citty and Manliatans Island aforesaid to tliem Severally & Respectively Granted Conveyed and Confimied by any the late Governorrs Leiutenants or Commandées in cheife of the said Province or by any of tlie former May ors or Depaty Mayors and Alderinen of tlie said Citty of N: York by Deed Grant Convoyance or otherwise howsoever to liold to their Severall and Respective Heires and Assignes forever. AND I Doe by tliese p’sents Give and Grant unto the said Mayor Aldermen and Comonalty of the said Citty of New Yorke ail the wast Vacant nnpattented and Unappropriated Lands Lyeing and being witliin the said Citty of New Yorke and on Manliatans Island aforesaid Extending and Eeaeliing to tlie Low Water marke in by and tlirough ail Parts of the said Citty of New Yorke and Manliatans Island aforesaid togather witli ail Rivers Rivoletts Coves Creekes Ponds Waters and Water Courses in the said Citty and Island or eitlier of tliem not heretofore Given or Granted by any of the former Govern's Leiretenants or Commanders in Cheife under their or some of their Ilands and Seales or Keale of the Province or by any of tlie former Mayors or Deputye Mayors and Aldermen of tlie said Citty of New Yorke to some Respective Person or Persons late In- habitants of the said Citty of New Yorke or Manliatans Islands or of otlier Partes of the said Province AND I Doe by tliese p’sents Give Grant and Confirme unto tlie said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their Suc- eessors forever tlie Royaltyes of Fishing Fowleing, Ilunting, Hawkeing Minerai 1 s and otlier Royalties and Privilidges belong- ing or Appurtaineing to the Citty of New Yorke and Manliatans Island aforesaid (Gold and Silver Mines only excepted) TO hâve hold and Enjoye ail and Singular tlie Premissess to tlie said Mayor Aldermen and Oommonalty of the said Citty of New Yorke and their Ruccessors for ever RENDRING and Paying therefore unto liis Most Sacred Majesty his Heires Suc- cessors and Assignes or to such Offîcer or Officers as shall be Appointed to Reçoive the Rame Yearly forever hereafter the Annnall Quitt Rent or Acknowledgment of one Bever skin or the Value thereof in Currant Mony of this Province in theLAWS OF THE COLOXY OF XF;W YORK. 185 said Citty of New Yorke on the five and twentitli day of Mardi Yearly forever AND Moreover I will and by these Présents Doe Grant Appoint & Déclaré that the said Citty of New Yorke and the Compassé Precincts and Liniittes thereof and the Juris- diceon of the saine shall from henceforth extend and Reacli it selfe and may and shall be able to Reacli forth and Extend it selfe as well in Lengtli and in Breadtli as in C-ircuite to the furthest extent of and in and tlirougliout ail tlie said Island Manhatans and in and upon «ail the Rivers Rivoletts .Coves Creeks Waters and Water Courses belongïng to the saine Island as far as Low Water marke AND I Doe also for and on the behalfe of his most Sacred Majesty aforesaid his Heires and Successors firnily enjoyne and Command that the aforesaid Mayor Aldernnn and Conionalty of the Citty aforesaid and their Successors shall and may freely and Quietly hâve liold use and Enjoy the aforesaid Libertyes Authorityes Juris- diccons ^franchises Riglits Royaltyes Privilidges Exempcons Lands Tenements Ileriditaments and Promis ses s aforesaid in mauner and forme aforesaid According to the Tenour and eiïect of the aforesaid Crants Pattents Customes and Letters Pattents of Crant and Confinnacon without the Let Hindrance or Impedimt of me or any of my Kuccessors Governours Loi vis or other Oflicers wliatsoever ANI) also I Doe for and on the behalfe of his most Kacred Majesty aforesaid his Heures and Successors Crant to the Mayor Aldennen and Conionalty of the said Citty of New Yorke and their Successors by these présents that for the botter Governmt of the said Citty Libertyes and Precincts thereof their shall be forever here- after within the said Citty a Mayor and Recorder Towne Clerke and six Aldennen and six Assistants to be Appointed Nomi- nated Elected Chosen and Sworne as liereinafter is particularly and Respectively menconed who shall be forever hereafter Called the Mayor Aldennen and Commonaltye of the City ef New Yorke and that their shall be forever one Chamberlaine or Treas- urer one Slierriffe one Coroner one Clerke of the Markett one Higli Constable seven Sub constables and one Marshall or Serjant at Mace to be Appointed Chosen and Sworne in manner liereinafter menconed AND I Doe by these Présents for and on the behalfe of his Most Sacred Majesty aforesaid his Heires Successors and Assignes Déclaré Constitute Grant and Appointe that the Mayor Recorder Aldennen and Assistants of tlie said Citty of New Yorke for the time being and they which hereafter shall be the Mayor Recorder and Aldennen and Assistants of the said Citty of New Yorke for the time being and their Successors forever hereafter be and shall bee by force of these 24186 LAWS OF THE COLON Y OF NEW YORK. Présents one Body Corporate and Politique in Deed faet and naine by tke N aine of tlie May or Aldermen and Coinmona.lty of tke Citty of New Yorke And theni by tbe Name of tbe Mayor Aldermen And Comonaltye of tlie Citty of New Yorke one Body Corporate & Pollitique in Deed fa et and name I Doe Really and fully Create Ordaine make Oonstitute and Confirme by tliese Présents And that by tlie naine of tlie Mayor Aldermen and Comonalty of tlie Citty of New Yorke they may bave Perpetuall Succession and that they and their Suce' ssors fore ver by tbe name of tlie Mayor Aldermen and Comonaltye of tbe Citty of New Yorke be and shall be forever bereafter Persons able and in Law Capable to bave Gett Reçoive and Possesse Lands Tenne- nients Rents Libertyes Jurisdiccons ifranebises and Heredita- ments to tliem and their Successors in fee simple of for teime of lil’e lives cr yeares or otherwise and also. Goods & Ohattles and also otber tliings of wliat Nature kind or s y soever and also to Give Giant Lett sett and assigne tbe sa me Lands Tenements Heridataments Goods and Ohattles and to Doe and Exécuté ail otber tbings about tbe sanie by tbe Name aforesaid And also that they be & forever shall bee bereafter Persons Able in Law Capable to Plead and be inipleaded answer & bee answered unto Defend and be Defended in ail or any tlie Courts of bis said Majestye & otber Places whatsoever and before any Judges Justices and otber Person or Persons whatsoever in ail and ail manner of Accons Suites Coinplaints Demands Pleas Causes and matters whatsoever of wliat Nature kind or Quality soever in tbe sanie and in tlie Like Manner and forme as otber People of tüho said Province being Persons able and in Law Capable may Plead and be inipleaded answer and be answered unto Defend and be Defended by any Lawfull waves and meanes whatsoever AND that tlie said Mayor Aldermen and Comonalty of tbe said Citty of New Yorke and their Successo’s sliall and may for ever bereafter bave one Comon Seale to Serve for the Sealing of ail and Singular their Affaires and Buisnesses toueb- ing or Concerning tlie said Oorporaeon AND it sliall and may be Lawfull to and for tbe said Mayor Aldermen and Comonaltye of tbe said Citty of New Yorke and their Successors as they shall see Cause to breake Change Alter and new make their said Comon Seule wlien and as often as to tliem it shall seem Con- venient AND further KNOW YEE that I bave Assigned Named Ordained and Constituted and by tbese Présents Doe Assigne Name Ordaine and Oonstitute Nicbolas Bayard now Mayor of tbe said Citty of New Yorke to be Présent Mayor of the said Citty and that the said Nicbolas Bayard sliall Romaine and Continue in tbe Office of Mayor theire untill anotber fitt Person shall be Appointed and Sworne in tbe said Office According toLAWS OF THE COLONY OF NEW YORK. 387 the usage and Custome of the said Citty and as in and b y these Présents is kereafter menconed and Directed ANI) I kave Assigned Named Ordeined and Con- stituted and by tkese Présents Doe Assigne Naine Ordaine and Constitute Créâte and Déclaré James Grakarn Esqr to be the Présent Recorder of the said Citty to Doe and Exécuté ail tliings which unto the Office of Recorder of the said Citty doth or may any wayes Appertaine or belong AND I hâve Assigned Named Ordained and Constituted and by tliese Prés- ents Doe Assigne Naine Ordaine Constitute Create & Déclaré John West Esqr Towne Clerke of tlie said Citty to Doe and Exécuté ail tkings whicli unto the Office of a Towne Clerke may any wayes Appertaine or belong AND I hâve Named Assigned Constituted and made' and by these Présents Doe Assigne name Constitute and make Andrew Bowne, John Robin- son William Beakeman John Délavai 1, Abraham Depeister and Johannes Kipp, Cittizens and Inhabitants of the said Citty of New Yorke to be the présent Aldermen of the said Citty AND also I hâve Made Assigned named and Constituted and by these Présents Doe Assigne Name Constitute and make Nicliolas Demeyer, Johannes YanBrugli John DeBruyne, Teunisse Decay, Abraham Corbett, and Wolfert Webber Cittizens & Inhabitants of the said Citty to be the Présent Assistants of the said Citty AND «also I hâve Assigned Chosen Named and Constituted and by these Présents Doe Assigne Clioose name and Constitute Peter Delancy Cittizen and Inhabitant of the said Citty to be the Présent Chamberlaine or Treasurer of the said Citty afors'd AND I liave Assigned Named Constituted and Appointed and by these Présents Doe Assigne Name Constitute and Appoint Jatu Kniglit. Esqr one otlier of the said Cittizens there to be présent Sherriffe of the said Citty AND I hâve Assigned Named Constituted and Appointed and by these Présents Doe Assigne Name Constitute and Appoint Jarvis Marshall one other of the said Cittizens' there to be the Présent Marshall of the said Citty AND I Doe by these Présents Grant to the said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their Suc( essors that the Mayor Recorder Aldermen and Assistants of the said Citty for the time being or the Mayor Recorder and any tliree or more of the Aldermen and any tliree or more of the Assistants for the time being be and sliall be Called the Comon Councell of the said Citty And that they or the Greater Parte of them sliall or may bave full Power and Authority by Yirtue of these Présents from time to time to Call and hold Comon Councell within the Comon Councell House or Citty Hall of the said Citty And their as occasion188 LAWS OF THE COLON Y OF NEW YORK. sliall be to make Laws Orders Ordinances and Constitutions in Writeing and to add Al ter Diminisli or Reforme tliein froni time to time as to tliem sliall seein Necessary and Concernent (not Répugnant to tlie Perrogative of liis niost Sacred Majesty aforesaid his Heires & Successors or to any tlie Laws of tlie Kingdome of England or otlier tlie Laws of tlie Generall Asseni- bly of tlie Province of New Yorke for tlie Oood Rule Oversiglit Correction and Go vernit of tlie said Citty and Libertyes of tlie saine & of ail tlie Ollicers tliereof, And for tlie Severall Trads- mcn Yictuallers Artificers and of ail otlier tlie Reople and Inhabitants of tlie said Citty Libertyes and Rrecincts aforesaid and for tlie better Preservacon of Go vernit and I)'is])osall of ail tlie Lands Tennements and Ilereditaments Coods and Chattles of tlie said Corporaeon wliicli Laws Orders Ordinances and Constitutions sliall be Rinding to ail tlie Inliabitants of tlie said Citty Libertyes and Precincts aforesd and wliicli Laws Orders Ordinances and Constitutions soe by tliem made as afore- said sliall be and Remaille in force for tlie space of tliree Months and noe longer Fnlesse tliey sliall be Allowed of and Con- firnied by tlie Governor and Councell for tlie time being ANI> I doe further on tlie belialfe of liis Sacred Majesty aforesaid his Heures and Successors Appoint & Grant tliat tlie said Conion Councell of the said Citty for tlie time being as often as tliey make Ordaine and Establish such Laws Orders Ordinances and Constitucons as aforesaid sliall or may make Onlaine Limitte Provide sett impose and Tax Reason able fines and Amerciaments Against and upon ail Persons Ofïending Against such Laws Orders Ordinances and Constituccons as aforesaid or any of tliem to be made Ordeined and Established as aforesaid and the sanie fines and Amerciaments sliall and may require Demand Levy take and Reçoive by Warrants under the Comon Reale to and for the use and belioofe of the Mayor Aldtmnen and Com- monalty of tin» said Citty and tlieir Rucci‘ssors ei1lnir by Distn^sse and Sale of the Coods and Chattles of the Offender tlu^rein if such Goods and Chattles may be found witliin the said Citty Libertyes and Pnuûncts tlim‘(‘of Rendring to such Offmidor and Offend(‘rs the oveiq^lus or by any otlier Lawfull waves or meanes wliatsoever ANI) I Doe by these Pi*(*s(mts a])]ioint and Ordeine the Assigneing Nannung and Appointaient of the Mayo-r and Sherriffe of tlie said Citty tliat it sliall bee as followeth (vizt) upon the feast day of St. ^Miclnud the Archangell Yearly the Leivetenant Governour or Commander in Cliiefe for the time being by and witli the Advice of liis Councell sliall Nominate and Appointe such Person as lie sliall tliinke fitte to be Mayor of the said Citty for the Yea.re next ensueing and one other Person ofLAWS OF THE COLOXY OF XEW YORK. 189 Sufficient Ability in EState and of Good Capacity in Under- standing to be Sherrilïe of the said Cittv of Xew Yorke for tke Yeare next Ensueing AXD that sueh Ferson as shall be Xamed Assigned and Appointed Mayor and sueli Ferson as sliall be Xamed Assigned and Appointed Sherrilïe of the said Citty as aforesaid sliall on the fouertenth l)ay of October then next following take their Severall and Respective Corporall Oaths before the Governour and Councell for tlie time being for the Due execucon of their Respective Offices as aforesaid and tliat the said May or and Sherrilïe soe to be Xominated Assigned & Appointed as aforesaid shall Romaine and Continue in their said Respective Offices untill another fitt Ferson shall be Xomi- nated Appointed and Sworne in the Flace of May or and one- other Ferson Shall be Xominated and Appointed in the lda.ce of Sherriiïe of the said Citty in Manner aforesaid AND further that Acc-ording to the now F sage and C us tome of the said Citty the Recorder Towne Clerke and Clerke of the Markett of ye. s’d City shal be psons of Good Capacité & Understandlng & such psons as liis most Sacred Maty aforesaid His Heires & Successors shall in ye. Sd. Respective Offices of Recorder Towne Clerk & Clerk of ye Markett Appoint and Commissionate and for Defect of such appointaient and Conimissionateing by his most Sacred Majestv aforesaid his Heires and Successors to be such Ferson as the Leivt. Governour or Commander in (Tieife of the said Province for the time being shall appointe and Commissionate which Persons soe Coanmissionated to the said Offices of Recorder Towne Clerke and Clerke of the Markett shall liave liold and enjoye the said Offices According to the Teneur and effect of their said Commissions and not otherwise AND further that the Recorder Towne Clerk Clerke of the Markett Aldermen Assist- ants, Chamberlain Iligli Constable Petty Constables and ail other Officers of the said Citty before tliey or any of them shall be admitted to enter upon and execute their Respective Office shall be Sworne faitlifully to execute the 8ame before tlie May or or any tliree or more of the Aldermen for the time being AND I Doe by tliese Présents for and on tlie belialfe of his Most Sacred Majestv his Heires and Successors Grant and Give Power and Authoritv to the Mayor and Recorder of tlie said Citty for the time being to Administer the sanie respective Oaths to them Accordingly AXD further I doe by tliese Présents Grant for and on the belialfe of his most Sacred Majestv afore- said his Heires and Successors that the Mayor and Recorder of the said Citty for the time being and tliree or more of the Aldermen of the said Citty not exceeding five shall be Justices and keepers of the reace of his most Sacred Majestv his Heires190 LAWS OF THE COLONY OF NEW YORK. and Successors and Justices to heare & Détermine Matters and Causes within the said Citty and Libertyes and Precincts thereof AND that tliey or any tliree or more of thern whereof the Mavor & Recorder or one of them for the time being to be there shall and may forever liereafter hâve Power and Authority by Virtue of these Présents to hear and Détermine ail and ail manner of Petty Larcenyes Riots Routs Oppressions Extorcons and other trespasses and Offences whatsoever within the said Citty of New Yorke and the Libertyes & Precincts aforesaid from time to time Arriseing and Happening and whicli Arrise or happen and any wayes belong to the Office of Justice of the Peace and the Correccon and Punishment of the Olîences afore- said and every of them according to the Laws of England and the Laws of the said Province and to Doe and Exécuté ail other tliings in the said Citty Libertyes and Precincts afore- said soe fully and in Ample Manner as to the Comiconers Assign and to be Assigned for the keeping of the Peace in the said County of New Yorke doth or may belong AND more- over I Doe by these Présents for and on the behalfe of his Most Sacred Majesty aforesaid his Heires and Successors Ap- point that the Aldermen Assistants Higli Constable and Petty Constables within the said Citty be Yearly Chosen on the feast Day of St. Michael the Archangell for ever fvizt) one Alderman one Assistant and one Constable for eacli Respective ward and one Constable for each Division in the ont Ward in sucli Pub- lique Place in the said Respective Ward s as the Aldermen for the time being for each Ward shall Direct and Appoint and that the Aldermen Assistants and Petty Constables be Chosen by Majority of Yoices of the Inhabitants of each ward and that the Higli Constable be Appointed by the Mayor of the said Citty for the time being AND that the Chamberlaine shall be Yearly Chosen on the said ffeast Day in the Citty Hall of the said Citty by the Mayor and Aldermen and Assistants or by the Mayor or tliree or more of the Aldermen and three or more of the Assistants of the said Citty for the time being AND I doe by these Présents Constitute and Appoint the said John West to be the Présent Towne Clerke, Clerke of the Peace and Clerke of the Court of Pleas to bee holden before the Mayor Recorder and Aldermen within the said Citty and the Libertyes and Precincts thereof AND furtlier I Doe by these Présents for and on the behalfe of his most Sacred Majesty aforesaid his Heires and Successo’s require and Strictly Charge and Comand that the Sherriffe Towne Clerke Clerke of the Peace High Con- stable Petty Constables and ail other Subordinate Officers in the said Citty for the time being and every of them RespectivelyLAWS OF THE COLON Y OF NEW YORK. 191 jointly and Severally as Cause sliall require shall attend upon the said Mayor Recorder and Aldemien of the said Oitty for the time being and every or any of them According to the Duty of their Respective Flaces in and about the Executeing of suc-h the Coniands, Precepts Warrants and Processe of thern and every of them as belongeth and Appertaineth to be done or Executed AND that the aforesaid Mayor Recorder and Alder- men and every of them as Justices of the Peace for the time being by their or any of their Warrants ail and every Person and Persons for high Treason or Petty Treason or for Suspicion thereof or for other fellonyes whatsoever and ail Malefactors and Disturbers of the Peace and otliers Offenders for other Misdemeanors who shall be Appreliended within the said Citty or Libertyes thereof shall and may send and Comitt or Cause to be Sent and Committed to the Comon Goale of the said Citty there to Remaine & be kept in safe Custody by the keeper of the said Goale or his Deputy for the time being untill su ch Otîender and Offenders shall Lawfully delivered thence AND I Doe by these Présents for and on the behalfe of his most Sacred Majesty aforesaid his Heires and Successors Charge and require the keeper and keepers of the said Goale for the time being and his and their Deputy and Deputyes to Reçoive take and in Safe Custody to keepe ail and Singular suc-h Person and Persons soe Appreliended or to be Appreliended sent & Committed to the said Goale by Warrant of the said Justices or any of them as aforesaid untill lie and tliey soe Sent and Comitted to the said Goale shall from thence be Delivered by Due ('ourse of Law AND further I Doe Grant and Continue for and on the behalfe of his most Sacred Majestv aforesaid his Heires and Successors that the said Mayor of the said Citty for the time being and noe other (according to the usage and Custome Practised in the said Citty of New Yorke in the times of my Predec-essors the Severall Leivtenants Gorernours and Commanderas in Chedfe of this Province shall hâve Power and Authority to give and Grant Lycences Annually under the Publique Seule of the said Citty to ail Tarera keepers Inkeepers Ordinary keepers Yictuallers and ail Publique Sellers of Wine Strong waters Sider Beer or any other Sort of Liquors by Retaile within the Citty aforesaid Manhatan Island or the Libertyes and Precincts thereof AND that it shall and may be Lawfull to and for the said Mayor of the said Citty for the time being to aske Demand and Reçoive for suc-h Lycence by liim to be Given and Granted as afores’d such Sume or Sûmes of Mony as lie and the Person to whom such Lycence shall be Given or Granted shall agréé for not exceeding the Sume of thirty Shillings for each Lycence ALL which Mony192 LAWS OF THE COLON Y OF NEW YORK. as by tlie said Major sliall be Soe Received sliall be used and Applyed to the Publique use of tlie said Major Aldermen and Cocmnonalty of tlie said Citty of New Yorke and their Successors without any Account thereof to be Rendred made or Doue to any of tlie Leivtenants or (loyernours of tliis Province for the time being or any of tlieir Feputyes ANI) know yee tliat I for tlie botter Government of tlie said Citty and for tlie wellfare of the said Cittizens Tradesmen and Inhabitants thereof Doe by these Présents for and on the behalfe of liis most Saered Majesty his Ileires and Successors Give and Grant to the said Major Alder- men and Conionalty of the said Citty and their Successors that tlie Major Recorder and Aldermen or the Major and any three or more of the Aldermen for the time being sliall from time to time and att ail times hereafter hâve full Power and Authority under the Comon Seale to make tîree Cittizens of the said Citty and Liberty es thereof and noe Person or Persons whatsoever other then sucli ITree Cittizens sliall hereafter use any art trade Mistory or Mannuall Occupacon witliin the said Citty Libertyes and Precincts thereof Saveing in the times of faires tliere to be kept and Dureing tlie Continuance of such faires only AND in case* any Person or Persons wliatsoever not-being tîree Cittizens of the said Citty as aforesaid sliall att any time hereafter use or Exercise any Art Trade Mistory or Mannuall occupacon or sliall by liimselfe themselves or others sell or expose to sale any Manner of Merchandize or Wares whatsmwer by Retaile in any House Sliopp or Place or Standing' witliin the said Citty or the Libertyes or Precincts thereof noe fair being then kept in the said Citty and sliall presist therein after warning to him or tliem Given or left l)j the Appointait of the Major of the said Citty for the time being at the Place or Places wliere such Persons or Persons sliall soe use or Exercise any Art Trade Mistory or Mannuall occupacon or sliall Sell or expose to Sale any Wares or Marchandizes as aforesaid by Retaile then it sliall be La.wfull for the Major of the said Citty for the time being to Cause such Shopp Windows to be Sliutt up and also to impose such Reasonable fine for such Offence not Exceeding five Pounds for everv Respecte Otïence and the sanie fine and fines so iniposed to Levv and take by War- rant under the Comon Seale of the said Citty for tlie time being by Distresse and Sale of the Goods and Chattles of the Person or Persons soe Offending in the P remisses s fourni witliin the Libertyes or Precincts of the said Citty Rendring to the Party or Partyes the overplus or by any other Lawfull waves or meanes Avliatsoever to the only use of the said Mayor Alder- men and Conionalty of the said Citty of New Yorke and theirLAWS OF THE COLONY OF NEW YORK. 393 Successors witkout an y Account to be Rendred ruade or Doue to tlie Leivtenants Governours or Coinmand's in Clieife of tkis Province for tire same PKO Y1DED tliat noe Persan or Persons shall be niade free as aforesaid butt such as are bis Majesty s Naturall Borne Subjects or such as shall first. be Naturalized by Act of Generall Assemble or shall hâve obtained Letters of Denization under the hand of tlie Leivtenaut Governour or Com- mander in Clieife for the time being and Seale of the Province AND tliat ail Persons to be made free as aforesaid shall and Doe pay for the Publique use of tlie said Mayor Aldeimen and Comonalty of the sd Cit.ty such Suine & Sûmes of Mony as kere- tofore hath been used and Accustorned to be paid and Received on tlieir being Admitted fïreemen as aforesaid Provided it is not Exceeding the sume of five Pounds AND furtlier I Doe by these Présents for and on the behalfe of his most Sacred Majesty aforesaid his Heires and Successors Grant ta the Mayor Aldermen and Comonalty of the said Citty tliat they and their Successors be forever Persons able and Capable and shall hâve Power to purchase hâve take and Possesse in fïee Simple Lands Tennemts Rents and other Possessions wtliin or without. the same Citty to therii and their Successors for ever soe as the same Exceed not the Yearely vallue of one thousand Pounds per annum the Statute of Mortmaine or any other Law to the Contrary Kotwithstanding and the same Lands Tennements Hereditaments and Premissess or any Parte thereof ta Demise Grant Lease Settover Assigne and Dispose at their owne Will and Pleasure and to rnake Seule and Accomplish any Deed or Deeds Lease or Leases Evidences or Writeings for or Con- cerning the same or any Parte thereof which shall happen to be made and Granted by the said Mayor Aldermen & Comon- alty of the said Citty for the time being AND further I doe by these Présents for and on the behalfe of his most Sacred Majesty aforesaid his Heires and Successors Grant to the said Mayor Aldermen and Comonalty tliat they and their Successors shall and may forever hereafter hold and keep wthin the said Citty in every weeke of the yeare three Markett Days the one upon Tuesday the other upon Thursday and the other on Satur- day Weekly forever AND al soe I Doe by these Présents for and on the behalfe of his most Sacred Majesty aforesaid his Heires & Successors Grant to the Mayor Aldermen and Comon- alty of the said Citty that they and their Successors and Assignes shall and may att any time or finies hereafter when it to them shall seem fitt & Convenient take in fill and make up and Layout ail and Singular the Land and Ground in and about the said 25194 LAWS OF THE COLONY OF >ŒW YORK, Citty and Island Manliatans and the sanie te Build upon or rnake use of in any otlier nianner or way as to tliem shall seem fitt as farr into the Rivers tkereof and tliat Encompasse the same as Low Water marke aforesaid AND I Doe by these Présents for and on the behalfe of his most Sacred Majesty aforesaid his Heires & Successors Give and Grant untO' the aforesd & May or Aldermen and Corn anal ty of the said Citty of New Yorke and their Successors that they and their Suc- cessors shall and may hâve hold & keep within the said Citty. and Libertyes and Precincts thereof in every weeke in every Yeare for ever upon Tuesday one Court of Common Pleas for ail Accons of Debt Tresspasse Tresspasse upon the Case Detinue Ejectments and other Personall Accons and the sanie to be held before the Mayor Recorder and Aldermen or any three of them whereof the Mayor or Recorder to be one wko shall hâve Power to hear and Détermine the sanie Pleas and Accons According to the Rules of the Comon Law Acts of General! Assembly of the said Province AND I Doe by these Présents for and on the behalfe of .his most Sacred Majesty aforesaid his Heires and Successors Grant to> the said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their Suc- cessors that the said Mayor Aldermen and Comonalty of the said Citty and their Successors shall hâve & Enjoye ail the Privilidges ffranchizes and Powers that they hâve and use or that any of their Predecessors at any time within the space of twenty Yeares last past had tooke or enjoyed or ought to hâve had by Reason or under pretence of any former Charter Grant Prescription or any other Riglit Custome or usage although the same hâve been forfeit or Lost or hâve been ill used or not used or Abused or Discontinued Albeit they be not Perticularly menconed and that noe Offîcer shall Disturb them therein under any Pretence whatsoever not only for their future but their Présent Enjoyment thereof PROVIDED al way es that the said Privilidges franchises and Powers be not incon- sistant with or Répugnant to the Laws of his Mat’is Kingdom of England or other the Laws of the Generall Assembly of this Province as aforesaid and Baveing to his most Sacred Majesty aforesaid his Heires Successors and Assignes and the Leivts Governours and Commandera in Cheife and other officers under him and them in ffortt JAMES in or by the* Citty of New Yorke and in ail tlie Libertyes Boundaryes Extents Privi- lidges thereof for the Maintenance of the said ffortt and Gar- rison there ail the Riglit use title and Authority which they or any of them hâve had used or Exereised there and also one Messuage or tennemt next the Citty Hall and one MessuageLAWS OF THE COLONY OF NEW YORK. 195 by the ffortt now in the Possession of Thomas Coker Gent the Peice of Ground by the Gâte Called the Goyet-no1 s Garden and the Land without the Gâte Galled the Kings tfarnie with the Swamp next to the sanie Land by the ffresli water and Saxeing the Sexerall Rents and Quitt Rents Reserved Due and Payable from Sexerall Persons inliabiting within the said Citty and Island Manhatans by Yirtue of former Grants to tliem made and Given and Saxeing to ail other Persons Podyes Pollitique and Corporate their Heires Successions and Assignes ail sueh Right Title and Claime Possessions Rents Services Cornons Emoluments Interest in and to any thing which is theires (saxe only the ffranchizes aforesaid) in as ample nianner as if this Charter liad not been made AND f urtlier I Doe Appoint and Déclaré that the Ineorporaeon to be founded by this Charter shall not att any time hereafter Doe or Suffer to be Done any thing by means whereof the Lands Tennements or Heredita- ments Stock Go ods or Chattles thereof or in the Hands Custody Possession of any the Cittizens of the said Citty such as hâve been Sett lett Gixen Granted or Oollected to and for Pious and Charitable uses shall be wasted or Misemployed Contrary to the trust or intent of the founder or Giver thereof and that such and noe other Construction shall be made thereof then that which may tend most to Advantage Religion Justice and the Publique Good and to Suppresse ail Acts and Contrixances to be inxented or Putt in use Contrary thereunto EY WITNESSE whereof I haxe Caused these Présents to be Entred in the Secre- tarys Office and the Seale of the said Proxince to be hereunto Affixed this Seaxen & twentyth Day of Aprill in the Second yeare of the Reigne of his rnost Sacred Majesty aforesaid and in the Yeare of our Lord God one thousand six hundred and Eighty Six Thomas Dongan. DONGAN CHARTER OE THE CITY OF ALBANY, 1686. [Copied from the record thereof in Yol. 5 of Patents, in the office of the Secretary of State.] THOMAS DOXGAY Liext. and Governour of the Proxince of New Yorke and Dependencyes in America under liis most Sacred Majesty JAMES the Second by the Grâce of God of England, Scottland, ffrance and Ireland King Defender of the faith &c and Supream Lord and Proprietor of the said Proxince of New York and its Dependencyes TO ail Persons to whom these Présents shall or may corne or in any wise Concerne SENDETH GREET- ING WHERAS the Towne of Albany is an Antient Towne within196 LAWS OF THE COLOXY OF XEW YORK. the said Province and the Inhabitants of the said Towne hâve held used and enjoyed as well within the same as else where within tlie said Province Diverse and Sundry Rights Libertyes Privilidges, ffranchizes, fïree Customes, Preheminencyes Advantages Jurisdiccons Emoluments and Immunityes as well by prescription as by Grants Confirmacons and Proclamacons not only by Diverse Governours and Ccinmanders in Cheife in the said Province under his said Majesty but also of Severall Governours Generalls and Commanders in Cheife of tlie neither Dutch Nation whilst the same was or has been under their Power and Subjeccon AND wliereas Divers Lands Tenements and Hereditanients Jurisdiccons Libertyes Immunityes and Privilidges hâve lieretofore been Given and Granted to the Inhabitants of the said Towne sonne times by the Xame of Commissaryes of the Towne of Beverwyck Sometiines by the Name of tlie Commissaryes of the Towne of Albanv Sometimes by the Xame of Schepenon of Willem Stadt and Sometimes by the Xame of Justices of the Peace for the Tow ne of Albany and by Divers other Xames as by their Severall Grants Writings Records and Minnuements Amongst other things mav more fully Appeare AXD w hereas the Inhabitants of the said Towrne hâve erected Built and Appropriated at their owne Proper Costs and Charges Severall Publick Buildings Accomodacons and Con- veinencyes for the said Tow ne as also Certaine Peeees of rarcells of Ground for the use of the same (that is to- say) the Towme Hall or Stadt House wûtli the ground tliereunto belonging the Church or meeting Place wTith the Ground about tlie same the Buryall Place Adjoyneing to tlie Pallisadoes att the South East end of the Tow ne tlie Watcli House and Ground thereto belong- ing a Certaine Peece or Parcell of Land Comonly Called or Knowme by the Xame of the rasture Scituate Lyedng & being to the Southwmrd of the said Towne neare tlie Place wdiere the old ffort stood and Extending Alongst Hudsons River till it cornes over Against tlie niost Xortherly Pointe of the Island Comonly called Martin Garetsons Island haveing to tlie East Hudsons River to the South the Manor of Renslaerswûck to the West the Higlnvay Leading to the Tow ne tlie Pasture late in the Tenure and Occupacon of Martin Garetson and tlie Pasture late in the tenure and Occupacon of Casper Jacobs to the Nortli the Severall Pastures late in the tenures and Oeeupaccons of Robert Sanders, Mindart Hannanse and Evert Wandall and the Severall Gardens late in the tenures and Occupacons of Dirick Wessells, Killian Van Ranslaer and Abraham States witli their and every of their Appurtennces and also liave Established and Settled one iferrv from the said Towne to Greenbush Scituate on the other side of Hudsons River for the Accomodacon and Conveniency ofLAWS OF THE COLONY OF NEW YORK. 197 Passengers the said Gittizens and Travillers AXD whereas Severall the Inhabitants of the said Towne Doe hold from and under his most Sacred Majesty Respeetively as well by Severall and Respective Pattents, Grants and Convevances made & Granted by the late Governours and Commanders in Cheife of the said Province as otherwise Severall and Respective Messauges, Lands Tennenients and Heriditaments in the Towne of Albanv aforesaid AND that the said Inhabitants of the said Towne of Albany and tlieir Heires and Assignes Respeetively inay hold Exercise and Enjoye not only such and the sanie Libertyes Privilidges, ffranehizes, Riglits, Royaltyes ffree Oustomes, Jurisdiccons and Inmiiinityes as they Antientlv hâve had lield used and enjoyed but also such Publick Buildings Accommodacons, Conveniencys, Messuages, Lands, Tenements and Hereditaments in the said Towne of Albany which as aforesaid hâve been by the Inhabitants Erected and Built or which hâve as aforesaid been held enjoyed Granted & Conveyed unto them or anv of tliem Respeetively KXOW YEE therefore that I the said Thomas Dongan by Yirtue of the Com- mission and Authority unto me Given and Power in me Resideing att the Humble Peticon of the Justices of the Peace of the said Towne of Albany and for Diverse other Good Causes and Con- sideracons me thereunto moveing HAYE given Granted Rattified and Confirmed and by these Présents for & on behalfe of his most sacred Majesty aforesaid his Heires and Successors Doe Give Grant Rattifie and Confirme unto the said Inhabitants of the said Towne herein after Agreed to be Called by the Xame or Names of the Mayor Aldermen and Comonalty of the Citty of Albany ALL and every such and the same Libertyes Privilidges, ffranchizes Riglits Royalties ffree Customes Jurisdiccons and Immunityes which they liave Antientlv had held and enjoyed PROYIDED alwayes that none of the said Libertyes Privilidges, ffranchizes, Riglits, ffree Customes, Jurisdiccons or Immunityes bee Inconsistent with or Répugnant to the Laws of his Majestyes Kingdom of England or other the Laws of the Generall Assembly of this Province and the aforesaid Publick Buildings Acomoda- cons and Conveniencyes Peeces or Parcells of Ground in the said Towne (that is to say) tlie said Towne Hall or Stadt Ilouse with the Ground thereunto belonging the said Cliurch or Meeting Place with the Ground about the same the said Burying Place the said Watcli House and Ground tliereto belonging the sd Pasture and the aforemenconed fferrv with tlieir and every of their Riglits Members, and Appurtennces together with ail the Proffitts beneffitts and Advantages that sliall or may Accrew or rise att ail tymes hereafter for Anchorage or Wharf âge in the198 LAWS OF THE COLOXY OF NEW YORK. Harbour Port or Wliarfe of tlie said Citty with ail and Singular the Rents Issues Proffitts Gaines and Advantages wliieli shall or may arise Grow or Accrew by the said Towne Hall or Stadt Ilouse and tlie G round tliereunto bel on gin g Cliureh or Meeting Place wth tlie Ground about the saine Burying Flaeo watch House Pasture fferry and otlier tlie above menconed 1? remis ses s or any of theni and also ail and every tlie Streets Lanes Higliwayes and Alleyes witliin tlie said Citty for the Publiek use and Service of the said Mayor Aldermen and Comonalty of the said Citty and of the Inhabitants of the Places Adjacent and Travellers tliere together with full Power Lycence and Authority to the said Mayor Aldermen and Commonalty and their Successors forever to establish Appoint Order and Direct the establishing making Layeing ont Ordering Amending and Repayreing of ail Street s Lanes Alleys Higliwayes and Bridges Water courses and fferry es in and tliroughout the said Citty or leading to the sanie*Necessary Needfull and Convenient for the Inhabitants of the said Citty and the Partes Adjacent and for Travellers tliere PROVIDED alwayes tliat this said Lycence so as above Granted for the Establishing makeing and Laying ont of Streets, Lanes, Alleys Highways fferrys and Bridges bee not extended or Construed to extend to the takeing away of any Person or Persons, Right or Property without his lier or tlieir Consent or by sonie knowne Law of the said Province AND for the Considéra cons aforesaid I Doe likewise Give Grant Rat.tifie and Confirme unto ail and every the Respective Inhabitants of the said Citty of Albany and their Severall and Respective Heires and Assignes ALL and every the Severall and Respective Messuages Lands, Tenne- ments and Heriditaments Seituate Lyeing and being in the said Citty to them Severally and Respectively Granted Conveyed and Confirmed by any the late Governo’s Leivetenants or Com- mandons in Ckeife of the said Province or by the Commissarys or Justices of the Peace or other Magistrates of Albany aforesaid or otherwise howsoever TO HOLD to their Severall and Respect- ive Heires and Assignes forever AXI> I Doe by these Présents Give and Grant unto the said Mayor Aldermen and Comonalty of the said Citty of Albany ail the Wast. Vacant Unpattented and unappropriated Land Lyeing and being witliin the said Citty of Albany and the Precints and Libertyes thereof extending and Reaching to the Low water marke in by & througli ail Parts of the said Citty togatlier with ail Rivers, Rivoletts Coves, Creeks, Tonds, Waters, Water Courses in the said Citty not heretofore Given or Granted by any of the former Go ver no's Leivtenants or Commanders in Cheife under their or Some of their Respective Hands and Seules or the Seale of the Province to Some Respect-IAWS OF THE COLONY OF NEW YORK. 199 ive Person or Persons late Inhabitants of tke said Citty or of Other Parts of tke said Province and also tke Royalties of ôisking ffowleing Hunting Hawking, Mines Mineralls and otlier Royaltyes and Privilidges belonging or Appurtaineing to tke Citty of Albany (Gold & Silver Mines only excepted) AND I do by tkese Présents Give Grant & Confirme unto tke said Mayor Aldermen and Comonalty of tke Citty of Albany and their Successors for ever full and free Lycenee or Liberty of fiisking in Hudsons River not onlv witliin tke Limitts of tke said Citty butt witkout even so farr Nortkward & Soutliward as tke said River does Extend it selfe witliin tke said County of Albany togatker witk free Liberty Lycenee & Autkority to and for tke said Mayor Aldermen and Comonalty of tke Citty of Albany aforesaid and their Successors att ail time & times kereafter FOR and dureing tke space of one and twenty Yeares from and after tke fourtli day of November last Past to be Accompted and fully to be Compleatë and ended to Cutt Downe and Cary away out of any Parte of tke Manner of Renslaerswick (provided it be not witliin any ffenced or Inclosed Land) Such ffirewood and Timber for Building and ffencing as to tkem shall seem meete and Convenient AND I Do by tkese p’sents Grant unto tke said Mayor Aldermen and Comonalty of tke Citty of Albany and their Suecessors forever hereafter ail such Strayes as shall be taken witliin tke Limitts Precincts and Bounds of the said Citty AND I Do by tkese Présents Give and Grant unto the said Mayor Aldermen and Comonalty of the Citty of Albany and their Successors full Liberty and Lycenee att their Pleasure to Purchase from the Tndians the Quantity of fiive kundred Acres of low or Meadow Land lyeing att a Certaine Place Called or knowne by the Name of Shachte- gue whieh Quantitv of five kundred Acres shall and mav be in what Part of Sckacktecogue or tke Land Adjacent they tke said Mayor Aldermen & Comonalty of the Citty of Albany shall tliink most Convenient AND I Do by tkese P’sents Give and Grant unto the said Mayor Aldermen and Comonalty full Power and Lycenee att their Pleasure likewise to Purchase from tke Indians tke Quantitv of one thousand Acres of Low or Meadow Land Lyeing att a Certaine Place called or knowne by the name of Tieonondaroge WHICH Quantitv of one thousand Acres of Low or Meadow Land shall and may bee in what Parte of Tionandorage or tke Land adjacent on botk sides of tke River as they tke said Mayor Aldermen and Comonalty of tke said Citty of Albany shall think most Convenient wkick said Severall Parcells of Low or Meadow Land I Do kerebv in bekalf of his said Majesty his Heires and Successors Give200 LAWS OF THE COLON Y OF NEW YORK Grant and Confirme unto tlie said May or Alderinen and Com- onalty of tlie Citty of Albany aforesaid to bee and Remaine to tlie use & belioofe of tliem and tlieir Successors for ever TO HAYE AND TO HOLD ail and Singular tlie Premissess to tlie said Mayor Alderinen and Comonalty of tlie said Cittv of Albany and tlieir Su cressons fore ver RENDR1NG and paying tlierefore unto liis niost Sacred Majesty liis Heires Suc ces sors and Assignes or to sucli Ofiicer or Receiver as sball be Ap~ pointed to Receive tlie sanie Yearly forever liereafter tlie Annuall Quitt Rent or Acknowledgint of one B ever skinn in Albany on tlie five and twentyt.li Day of Mardi Yearly forever AND moreover I will and by tliese Présents for liis said Majesty his Heires and Successors Doe Grant Appointe and Déclaré tliat tlie said Citty of Albany and tlie Compassé Frecincts and Limitts tliereof and tlie Jurisdiccons of tlie sanie shall froni hencefortli extend and reacli its selfe and sliall and may be able to reacli fortli and extend its selfe as well in Lengtli and in Breadtli as in Circuite on tlie East By Hudsons River so farr as Low water marke to tlie South by a Line to be Drawne from tlie Southennost end of tlie Pasture at the North end of tlie said Tsland Oalled Martin Garitsons Island Running back into tlie woods sixteen english Miles Due Northwest to a Certain kill or Crceke called the Sand kill on the North to a Line to be Drawne froni the Post that was set.t by Governor Stuyvesant neere Hudsons River Runing like- wise North West sixteen English Miles and on the West by a Streight line to bee Drawne froni the Points of the said South and North Lines WHEREFORE by tliese Présents I Doe firmly Enjoyne and Oomand for and on behalfe of his sd Majesty his Heires and Successors tlia*t the aforesaid Mayor Alderinen and Comonalty of the Citty aforesd & tlieir Successors shall and may freely & Quiettlv hâve liold use and enjoye the aforesaid Libertyes Authoritves Jurisdiccons, ffranchizes Riglits Royaltyes Privilidges Advantages Exempcons Lands Tenements Heredita- ments and Premissess aforesaid in manner and forme Aforesaid according to the Tenure and effect of the aforesaid Grants Pattents Customes and tliese Letters Pattents of Grant and Confinnacon without the Lett Hindrance or Impedimt of anv of his Majestyes Governours Lievtenants or otlier Ofiicers wliat- soever and that the said Mayor Alderinen & Comonalty of the Citty aforesaid and tlieir Successors or any of tliem in the free use and enjoymt of the Premissess or any of tliem by the Leivtenants or Governo’s of his said Majesty his Heires and Successors or by any of tliem shall not be hindred Molested or in any wise Disturbed AND also I Doe for and on the behalfe of hisLAWS OF THE COLOXY OF XEW YORK. 201 most Sacred Majesty his Heires and Successors ordeyne and Grant to the May or Aldemien and Comonalty of tlie said Citty of Albany & their Successors by these p'sents tliat for tlie better Governmt of tlie said Citty Liberty es and Freeincts tliereof there shall bee for ever liereafter witliin tlie said Citty a. May or Recorder Towne Clerke and six Aldemien and six assistants to be Appointed Xominated Elected Cliosen and S w or 11e as lierein after is Particularly and respectively nienconed wlio shall be forever liereafter c-alled tlie Mayor Aldemien & Comonalty of tlie Citty of Albany and yt tlieir shall be forever 011e Cbainberlaine or Treasnrer one Sherriffe one Coroner one Clerke of the Markett one liigli Constable tliree sub. Constables and one Marshall or Serjant att Mace to be Appointed Cliosen and Sworne in manner herein after nienconed AXD I Do by these Présents for and on the behalf of his most Sacred Majesty his Heires and Successors Ordeyne Déclaré Constitute Grant and Appoint tliat the Mayor Recorder Aldemien and Assistants of the said Cittv of Albany for the tyme being and their Successors forever liereafter be & shall bee by force of these p’sents one body Corporate and Polotick in Deed fact and name by the Xame of tlie Mayor Alder- men and Comonalty of the Citty of Albany and them by the Xame of the Mayor Aldemien and Comonalty of the Citty of Albany OXE Body Corporate and Politique in Deed fact & Xame I do really and fullv Create Ordaine make Constitute and Confirme by tliese p'sents - .VXD that by the Xame of the Mayor Aldermen & Comonalty of the Citty of Albany they may liave Perpetuall Succession AXD tliat they and their Suceessors forever by the Xame of the Mayor Aldermen and Comonalty of the Citty of Albany be and shall bee forever hereafter Persons able & in Law Capable to liave gett Reçoive and Possesse Lands, Tenements Rents Libertyes Jurisdiccons, flrancliizes and Hereditaments to them and their Suceessors in ffee Simple or for terni of Life Lives or Yeares or otherwise and also Goods & Chattles and also otlier things of v liât Xature Qualité or kind soever AXD also to Give, Grant Lett sett and Assigne the Same Lands Tenements Hereditaments, Goods and Chattles and to Doe and Exécuté ail otlier things in & About the same by the Xame aforesaid AXD also that they bee and forever shall bee Persons able in Law Capable to Plead and be impleaded Answer & be Answered unto Defend and be Defended in ail or any the Courts of his said Majesty and otlier places whatsoever and before any Judges Justices and otlier Person or Persons what- soever in ail and ail Manner of Accons Suites Compîaints Demands Pleas Causes and Matters whatsoever of wliat nature kind or Qualitv soever in the same and the like manner & forme 26202 LAWS OF THE COLON Y OF NEW YORK. as other Feople of this Frovince being p'sons able and in Law Capable may Plead and bee Impleaded Answer and bee Answered unto Defend & bee DEFENDED by any Lawfull wayes or rneans whatsoever AND that tbe said Mayor Aldermen & Comonalty of the said Citty of Albany and their Successors shall and may forever liereafter liave one Comon Seale to Serve for the Sealing of ail and Singular their Affaires and Buisnessess touching or Conceming the said Corporacon and it shall and may be Lawful to and for the said Mayor Aldermen and Comonalty of the sd Citty of Albany and their Successors as they shall see Cause to breake Change Alter and New make their said Comon Seale wlien and as often as to them it shall seeme Convenient AND furtlier KNOW YEE that I hâve As- signed Named Ordained & Constituted and by these p’sents doe Assigne Name Ordeine & Constitute Peter Schuyler to be the p'sent Mayor of the said Citty of Albany and that hee the said Peter Schuyler shall romaine and Continue in the Office of Mayor tliere untill another fitt Person shall bee Ap- pointed and Sworne in the said Office as in and by these p’sents is liereafter menconed and Directed AND I hâve Assigned Named Ordained and Constituted and by these p'sents doe Assigne Name Or daine & Constitute Isaac Swinton to be the p'sent Recorder of the said Citty to Doe and Exécuté ail things wliicli unto the Office of Recorder of the said Citty Doeth or may any way Appertaine or belong and I liave Assigned NAMED Ordained and Constituted and by these p'sents Doe Ordaine Constitute Croate and Déclaré Robert Livingston Towne Clerk of the said Citty to Doe and execute ail things whicli unto the Office of Towne Clerk Dotli or may belong AND also I hâve Named Assigned Constituted and make and by these p’sents Doe Assigne Constitute and make Dirick Wessells, Jan Janse Bleocker David Schuyler Johannes Wendall, Levinus Van Schaiclc and Adrian Oerritse Citizens and Inhabitants of the said Citty of Albany bee the présent Aldermen of the said Citty AND also I hâve made Assigned Named and Constituted and by these p’sents Doe make Assigne Name and Constitute Joachim States John Lansing Isaack Verplank, Lawrence Van Ale Albert Rvckman and Melgert Wynantse Cittizens and Inhabitants of of the said Citty to be the Présent Assistants of the^ said Citty also I hâve Assigned Chosen Named & Constituted Jan Beecker Cittizen and Inhabitant of the said Citty to be the Présent Chamberlaine or Trensuror of the Citty aforesaid AND I hâve Assigned Named Constituted and Appointed by these prés- ents Doe Assigne Name Constitute and Appoint Richard Pretty one other of the said Cittizens there to be the Présent SherriffeLAWS OF THE COLONY OF NEW YOEK. 203 of the said Citty AND I hâve Assigned Named Constituted and Appointed and by these p'sents Doe Assigne Naine Con- stitute and Appointe James Parker one other of the said Citti- zens to be the p’sent Marshall of the said Citty AND I Doe by these Présents Grant, to the said Mayor Aldennen and Communal ty of the said Citty of Albany and their Successors that the Mayor Eecorder Aldermen and Assistants of the said Citty for the time being or the Mayor and any three or more of the Aldermen and any three or more of the Assistants of the said Citty for the time bein^ bee and shall bee Called the Comon Council of the said Citty and that they or the Greater Parte of them shall or may hâve full Power and Author- itv by Virtue of these p’sents from time to time to call and hold Comon Council within the Comon Council House or Citty Hall of the said Citty AND there as Occasion shall be to make Laws Orders Ordinances and Constitutions in Writeing and to Add Al ter Deminish and Eeforme them from time to time as to them shall seeme Necessary and Convenient (not Eepugnant to the Perrogative of the Kings Majesty) his Heires and Suc- cessors or to any the Lawes of the Kingdom of England or other the Lawes of the Generall Assembly of the Province of New Yorke aforesaid) for the Gcod Eule oversight Cor- receon and Gôvermt of the S&kl Citty & Libertyes of the same & of ail the Offieers thereof and of the Severall Tradsmen Yictuallers Artificers & of ail other People & In- habitants of the said Citty Libertyes & precincts aforesaid and for Preservacon of Governmt the Indian trade and ail other Commerce and Dealing and for Disposai 1 of ail the Lands Tenements and Hereditamts Goods and Chattles of the said Corporacon which said Lawes Ordinances and Con- stitutions shall bee binding to ail the Inhabitants of the said Citty Libertyes and Precincts aforesaid and which Lawres ordçrs Ordinances and Constitutions so by them to be made as aforesaid shall bee and romaine in force for the space of one Yeare and no longer unless they shall bee Allowed and Confirmed by the Governor and Councill for the time being AND further I Will and Grant that the said Comon Council of the sd Citty for the time being as often as they make ordeyne and Establish Such Lawres Orders Ordinances and Constitutions as aforesaid shall or may make Ordeyne Limitt Provide Sett impose and Tax reasonable Aines & Amerciamts against and upon ail Persons Offending agt Such Lawes Orders Ordinances and Constitutions as aforesaid or any of them to be made Ordeyned and Established as aforesaid and the same Aines and Americiamts shall and may Eequire Demand Levy take and Eeceive by War-204 LAWS OF THE COLONY OF NEW YORK. rants under the Comon Seale & for the use and behoofe of the Mayor Aldermen and Comonalty of the said Oitty and their Successors either by Distresse and Sale of the Goods & Chattles of the Offenders therein if such Goods-& Chattles may be found within the said Citty Libertyes & Precincts thereof Rendring to such Offender &Offenders the Overplus or by any other Lawfull wayes or meanes whatsoever AND I Doe by these P’sents for the Kings Majesty his Heires & Successors Appoint & Ordeyne the Assigneing NAMEING and Appointait of the Mayor and Sherriffe of the said Citty that it shall be as followeth (vizt) upon the feast Day of St. Michael the Archangell Yearly the Leivtenant Governour or Commander in Cheife for the time being by & with the Ad vice of his Council shall Nominate and Appointe such a Person as he shall thinke fit to bee Mayor of the said Citty for the Yeare next Ensueing and one other Person of Sufficient Ability in Estate and Capaeity in understanding to be Sherriffe of the said Citty of Albany for the Yeare next Ensueing and that such Person as shall be Assigned Named and Appointed Mayor and such p’son as shall be Named Assigned and Appointed Sherriffe of the said Citty as aforesaid shall be on the fouertenth day of October then next following in the Citty Hall or Stadt House aforesaid take their Severall & Respective Corporall Oaths before the Recorder Aldermen and Assistants or any three of the Aldermen & fouer of the Assistants of the said Citty for the time being for the Due Execucon of their Respective offices as aforesaid AND that the said Mayor and Sheriffe so to be Nominated and Appointed as aforesd shall Remayne and Con- tinue in their said Respective Offices untill another fitt p’son shall be Nominated Appointed & Sworne in the Place of Mayor & one other p’son shall be Nominated Appointed and Sworne in the Place of Sherriffe of the sd Citty in manner aforesaid which Oaths the said Recorder Aldermen and Assistants or any three or more of the Aldermen shall and may Lawfullv Administer and hâve herebv Power to Administer to the said Mayor and the said Sheriffe so Nominated and Appointed from time to time Accordinglv AND further that According to usage & Custome the Recorder & Towne Clerke of the said Citty shall be Persons of Good Capaeity & Understanding such as his Most Sacred Majesty his Heires and Successors shall in the said Respective Offices of Recorder & Towne Clerke respectively Appoint & Commissionate and for Defect of such Appointment & Commis- sionateing by his most Sacred Majesty as aforesaid his Heires and Successors to bee such Person as the said Governor Leivt. or Commandr in Cheife of the said Province for the time being shall Appoint or Commissionate which Persons so Commîssionated toLAWS OF THE COLONY OF NEW YORK. 205 the said Office of Recorder and Office of Towne Clerke Respect- ively shall hâve hold and enjoy the said Offices Respecfively According to the Tenure and effect of the said respective Com- missions and not otherwise AND further I will that the Recorder Towne Clerke Aldermen Assistants Chamberlaine High Con- stables Petty Constables and ail other Officers of the said Citty before they or any of them shall bee Admitted to enter upon and execute their respective offices shall be Sworne ffaithfully to execute the same before the Mayor or any three or more of the Aldermen for the time being AND I Doe by these Présents for and on behalfe of his said Majesty his Heires and Successors Grant and Give Power and Authority to the Mayor and Recorder of the said Citty for the time being to Administer the same Respective Oaths to them Ac- cordingly AND further I Will and by these p’sents Doe Grant for and on behalfe of his most sacred Majesty his Heires and Successors that the Mayor Aldermen and Recorder of the sd Citty for the time being shall bee Justices and keepers of the Peace of his said Majesty his Heires and Successors and Jus- tices to heure and Détermine matters and Causes within the said Citty Libertyes and Precincts thereof and that they or an}7 three or more of them shall and may for ever hereafter hâve Power and Authority by Virtue of these Présents to here and Détermine ail and ail manner of Petty Larcenys Riots Routs Oppresions Extortions and other trespasses and Offences whatsoever within the said Citty of Albany and the Limitts Precincts and Libertyes thereof from time to time Arriseing and happening and w7hich shall arise or happen and any wiso belong to the Office of Justices of the Pease and Correccon and Punishmt of the Offences aforesaid and every of them According to the Laws of England and the Lawes of the said Province and to> Doe and Execute ail other things in the said Citty Libertyes and Precincts aforesaid so fully and in as ample manner as to the Commissioners Assigned & to be Assigned for the keeping of the Peace in the said Citty and County of Albany Doth or may belong AND moreover I Doe by these p’sents for his Majesty his Heires and Successors will and Appointe that the Aldermen and Assistants wthin the said Citty bee Yearly Chosen on the feast Day of St. Michaell the Arch Angell forever (vizt) two Aldermen and two Assistants for each respective ward in such Publick Place in the said Respective Wards as the Aldermen for the time being for each ward shall Direct and Appoint and that by the Majority of voyces of the Inhabitants of each ward AND that the Chamber- laine shall be Yearly Chosen on the said ffeast Day in the206 LAWS OF THE COLONY OF NEW YORK. Citty Hall of the said Citty by the said Mayor Aldermen and Assistants of the said Citty or by the Mayor or three or more of the Aldermen and thre or more of the Assistants of the said Citty for the time being AND I Doe by these p’sents Gonstitute and Appoint Robert Livingston to be the p’sent Towne Clerke Clerke of the Peace and Clerke of the Court of Pleas to be holden before the Mayor Recorder and Aldermen within the said Citty and the Libertyes and Precincts thereof AND further I Do by these p’sents for his said Majesty his Heires and Successors Require and Straitly Charge and Comand that the Sherriffe Towne Clerk Clerke of the Peace High Con- stable Petty Constables and ail other Subordinate Officers in the said Citty for the time being and every of them respect- ively Joyntly and Severally as Cause shall require shall Attend upon the said Mayor Recorder and Aldermen of the sd Citty for the time being and every or any of them According to the Duty of their Respective Places in and about the Executeing of such the Corniauds, Precepts, Warrants and Processe of them and every of them as belongeth and Appertaineth to be Don or Executed AND that the aforesaid Mayor Recorder and Alder- men and every of them as Justices of the Peace for the time being by their or any of their Warrants ail and every Person and Persons for High treason or Petty ’ treason or for Sus- piccon thereof and for other ffellonyes whatsoever and ail Male- factors and Disturbers of the Peace and other offenders for any other Misdemeano’s who shall be Apprehended within the said Citty or Libertyes thereof or without the same in any Parte within the said County shall and may send and Coinitt or Cause to be Sent and Comitted to the Comon Goale of the said Citty there to Remaine and bee kept in safe Custody by the keeper of the said Coale or his Deputy for the time being untill such Offender and Offenders shall bee Lawfully Delivered thence AND I Do by these p’sents for his said Majesty his Heires & Successors charge and Require the keeper & Keepers of the said Coale for the time being and his & their Deputy and Deputies to Receive and take into safe Custody to keep ail and Singular such Person & Persons so Apprehended or to bee Apprehended Sent & Committed unto the said Coale by warrtt of the sd Justices or any of them as aforesaid untill he or thev so Sent and Committed to the said Goale shall from thence bee Delivered by Due Course of Law And further I Grant and Confirme for his said Majesty his Heires and Successors that the said Mayor of the said Citty for the time being and no other shall hâve Power and Authority to Cive and Grant Lycenses Annually under the Publick Seale of the saidLAWS OF THE COLONY OF NEW YORK. 207 Citty to ail Tavernekeepers Innkeepers Ordinary keepers Victuallers and ail Pnblick Sellera of Wine Strong waters Sider Beere or any other Sort of Liquors by Retaile within the Citty aforesaid or the Libertyes and Precints thereof or without the same in any Part of the said Connty and that it shall and may be Lawfull to and for the said Mayor of the said Oitty for the time being to Ask Dernand & Receive for each Lycence by him to be Given and Granted as aforesaid Such Sume or Sûmes of Mony as hee and the Person to whom such Lycence shall be Given or Granted shall Agréé for not exceeding the Sume of thirty Shillings Currtt mony of this Country for each Lycence ail which mony as by the said Mayor Shall bee so Received shall bee used and Applyed to the Publick use of the said Mayor Aldermen and Comonalty of the said Citty of Albany without any Account thereof to be Rendred made or Don to his said Majesty his Heires Successors or Assignes or any of his Leivtenants or Governors of the said Province for the tiine being or any of their Deputyes AND further I Do Grant for his said Majesty his Heires and Successors that the sd Mayor of the said Citty for the tiime being and noe other be & forever shall bee Clerke of the Markett within the Citty aforesaid & the Libertyes & Precincts thereof and yt. hee & no other shall & may forever Doe Exécuté & Per- forine ail & Singular Acts Deeds & things whatsoever belonging to the Office of Clerke of the Markett wthin the Citty aforesaid and the Libertyes & Precincts thereof to bee Don Executed & Performed AND that the said Mayor of the said Citty for the time being & no other P’son or Persons shall or may hâve Assize or Assay of Bread Wine Beere and Wood and other things to the Office of Clerke of the Markett belonging or Concerning as well in the Presence as in the Absence of his said Majesty his Heires Successors or his or their Lievtenants or Governo’s here ALSO I will and Grant for his said Matie his Heires and Successors unto the Mayor Aldermen and Comonalty of the said Citty for the tiime being and their Successors for ever that the Mayor of the Citty aforesaid for the time being During the time that hee shall Remaine in the said Office of Mayor and no other be or shall bee Coroner of his said Majesty his Heires and Successors as well within the Citty aforesaid and the Libertyes and Precincts thereof as without the Same within the Limitts and bounds of the said County and that hee and no other shall doe or Cause to be Don and Executed within the said Citty Limitts and Precincts thereof or without the same within the Limitts and Bounds of the said County ail and Singular Matters and things to the said Office of Coroner belonging thereto be Don and that the said Mayor of the said Citty for the time being shall take his Corporall208 LAWS OF THE COLONY OF NEW YORK. Oath before the Recorder or any th&ee or more of the Aldermen of the said Citty well and Duly to Exécuté the said Offices of Clerke of the Markett and Coroner, of the said Citty & County before hee take upon him the Execucon of either of the said Offices AND also I Do by these p’sents Grant unto the Mayor Aldermen & Comonalty of the said Citty of Albany that if any of the Cittizens of the said Citty or Inhabitants witkin the Libertyes and precincts thereof that shall after be Elected Nominated and Chosen to the Office of Mayor Alderman Assistant Sherriffe or Chamberlaine of the said Citty as aforesaid and hâve Notice of his or their Eleccon shall refuse or Deny to take upon him or them to execute that Office to which they shall bee so Chosen or Nominated that then and so often it shall and may be Lawfull for the Mayor Recorder Aldermen and Assistants of the said Citty for the time being or the Mayor or any three of the Aldermen and three or more of the Assistants of the said Citty for the time being to tax Assesse & Impost upon such Person or Persons so Refuseing or Denying such Reasonable or Moderate fines and Sûmes of Mony as to their Discrétion shall bee thought most fitt so as the said ffine Penalty or Sume for Refuseing or Denyeing to hold and Execute the office of Mayor of the said Citty do not exceed the Sume of twenty Pounds Currant Mony of this Countrey and the ffine for Refuseing or Denying to hold and Execute the Place of an Alderman Doe not Exceed the Sume of tenn Pounds like Currtt Mony and the fine for Denyeing or Refuseing to hold & Execute the Place of Chamberlaine Assistant or Sherriffe the Sume of five Pounds like Currtt Mony AND I Doe by these p’sents for his sd Majesty his Hoir es and Successors Authorize the Mayor Recorder Aldermen and Assistants of the said Citty for the time being and the Mayor or any three or more of the aldermen and three or more of the Assistants there for the time being to frustrate and make Yoyd the Eleccon of such rerson & Persons so1 refuseing or Denyeing as aforesaid and then and in such Cases any other fitt and able Person and Persons Cittizen or Cittizens of the said Citty or Inhabiting within the Libertyes & Precincts thereof in Con- venient times to Elect a New in manner aforesaid Directed & Prescribed to execute such Office & Offices so Denyed or Refused to be Executed as aforesaid and that if it shall happen that such p’son and Persons so to be Elected Anew shall refuse or Deny to take upon him or them any of the sd Office or Offices unto which hee or they shall be Chosen and Elected as aforesaid then and in such Case the Mayor Recorder Alder- men and Assistants of the said Citty for the time being orLAWS OF THE COLONY OF NEW YORK. 209 the said Mayor or three or more of the said Aldermen and three or more of the Assistants of the sd Citty for the time being shall or may Sett and Impose upon them so Denyeing or Refuseing such and the Like moderate lïynes as is before Sett Downe in the like Cases to the Respective Offices with such Limitacons as aforesaid and also in such and the like manner as aforesaid to Continue and make Void such Election and Eleccons and make new Elections as often as Need shall bee and Require ail which said fîmes so Sett and Imposed I Doe by these Présents for and on behalfe of his said Majesty his Heires Successors and Assignes Grant to bee and shall bee and Remaine and be-long unto and shall bee putt into the Possession & Seizin of the Mayor Aldermen & Comonallty for the time being and their Successors to be levyed and taken by warrtt under the Comon Seale and by Distresse and Sale of the Goods & Chattles of the Severall Persons so Refuseing or Denying as aforesaid if such Goods and Chattles may bee found within the said Citty Libertyes and Precincts thereof Rendring to the Partyes the Over plus or by any other wayes or Lawfull meanes whatsoever to the only use of the said Mayor Aldermen & Comonalty of the said Citty of Albany and their Successors without any Accott to bee Rendred made or Done to the said Kings Majesty his Heires Successors or Assignes for the same AND know yee that for the better Governmt of the said Citty and for the Wellfaire of the Citti- zens Tradsmen & Inhabitants thereof I Do by these Présents for his said Majesty his Heires and Successors Give and Grant to the said Mayor Aldermen and Comonal ty of the said Citty and their Successors that the Mayor Recorder and Aldermen or the Mayor or any three or more of the Aldermen for ye time being shall from time to time and att ail times hereafter hâve full Power and Authority under the Comon Seale to make free Cittizens of the said Citty & Libertyes thereof and no Person or Persons whatsoever other then such ffree Citti- zens shall hereafter use any Art Trade Mistory or Manuall Occupacon within the said Citty Libertyes and Precincts thereof Saveing in the times of ffayres there to be kept and During the Continuance of such ffayres only & in Case any p’son or posons whatsoever not being free Cittizens shall here- after use or Exercise any Art Trade Mistory or Manuell Occupacon or shall by himselfe themselves or others Sell or Expose to Sale any manner of Merchandizes or Wares whatsoever by Retaile in anv House Shop or Place or* Standing within the said Citty or the Libertyes or Precincts thereof no 27210 LAWS OF THE COLONY OF NEW YORK. faire being then kept in the said Citty and shall persist therein after warning to him or them Given or left by the Appointaient of the Mayor of the said Citty for the tirne being att the Place or Places where such Person or Persons shall soe use and Exer- cise any Art trade Mistory or Manuall Occupacon or shall Sell or Expose to Sale any Wares or Merchandizes as aforesaid by Retaile then it shall be Lawfull for the Mayor of the said Citty for the tirne being to Cause such Shop Windows to be Shutt and also to impose such Reasonable ffine for such offence not exceeding twenty Shillings for every Respective offence and the same Aines so Imposed to Levy and take by Warrtt under the Comon Seale of the said Citty for the time being by Distresse and Sale of the Goods and Chattles of the Person or Persons so Offending in the Premissess found within the Libertyes and Precincts of the said Citty Rendring to the Partyes the Overplus or by any other Lawfull wayes or meanes whatsoever to the only use of the said Mayor Aldermen and Comonalty of the said Citty of Albany & their Successors without any Account to be Rendred made or Don to his sd Majesty his Heires & Successors or to his or their Leivetenants Governours or Commanders in Cheife for the same PROYIDED Alwayes that noe Person or Persons shall be made free as aforesaid but such as are his Majestyes Naturall borne Subjects or such as shall be first Naturalized by Act of Generall Assembly or hâve Obtained Letters of Denization under the Hand of the Leivt. or Governour or Commander in Cheife for the time being and the Seale of the said Province and that ail Persons to be made free as afore- said shall & Doe Pay for the Publick use of the said Mayor Aldermen and Comonalty of the said Citty such Sum or Sûmes of Mony as such Person or Persons so to be made free shall respectively agréé for not exceeding the Sume of three Pounds twelve Shillings for the Admission of each Marchant or trader and the Sume of Six and thirty Shillings for the Admission of each handicraft or tradsman AND whereas amongst other ye Rights Privilidges Preheminences & Advantages which the Cittizens and ffremen of the sd Citty of Albany & their Predeces- sors hâve for many Yeares last past held used & enjoyed the Privilidge Preheminence & Advantage of haveing within their owne Walls the Sole Managmt of the Trade with ail the Indians Liveing within & to the Eastward Northward and Westward of the said County of Albany within the Compassé of his said Majestyes Dominion here wch hath been from time to time Confirmed to them & their said Predecessors as well by Prescription as by Divers and Sundry Grants Orders Con- firmacons & Proclamations Granted Ordered Confirmed andLAWS OF THE COLONY OF NEW YORK. 211 issued forth not only by & from Divers Governo’s and Com- manders in Cheife in the said Province since the saine hath, been under his said Majestyes Dominion but also of Severall Gover- nours Generall & Commanders in Cheife of the Neither Dutch Nacon whilst the same was or has been under their Power and Subjeccon which has Alwayes been found by Expérience to be of Greate Advantage not only to the said Citty in Particular butt to the whole Province in Generall and that by the Care Caution and Inspection of the Magistrates of the said Citty to the well and Orderly management & Keeping the Trade with the Indians within their walls it has turned Vastly to the Advancement of Trade and the increase of his Majestyes Revenue and been the Sole meanes not only of Preserving this Province in Peaee & Quiett whilst the Neighbouring Colonyes were imbrued in Blood & Warr but also of Putting an end to> the Miseryes those Colonyes Laboured under from the Insulting Cruilty of the Northern Indians whereas on the other hand it has been no lesse évident that wThenever there has been any Slacknesse or Remissnesse in the Regulacon & keeping the Indian Trade within the Walls of the sd Citty Occasioned by the encroachmt of Some Persons trading with the Indians in Places remote some Clandestinly others upon p’tence of Hunting Passes and the Like ye trade not only of the said Citty but of the whole Province has Apparently Decreased the Kings Revenue has been much impaired & not only Soe but this Govemmt has lost much of the Reputa- con and Management amongst the Indians which it otherwise had and enjoyed WHEREFORE for and on behalfe of his said Majesty his Heires and Successors I hâve Given Granted Rati- fied and Confirmed and by these Présents Doe Give Grant Ratifie and Confirme unto the-Mayor Aldermen & Comonalty of the said Citty of Albany and their Successors forever the Right Privilidge Preheminence and Advantage of the Sole & only Managmt of the Trade with the Indians as well within this whole County as without the same to the Eastward North- ward and Westward thereof so farr as his Maties Dominion here does or may extend to be Managed & Transacted only by the fireemen being Actuall Inhabitants within the sd Citty & within the Now Walls or Stockados thereof and not else where And I Do hereby for his said Majesty his Heires and Successors Absolutelv forbid and Prohibite ail and every the Inhabitants of the said Province of New Yorke (the Inhabitants of the said Citty of Albany only Excepted) to Trade or trafïique with any of the five Nations of Indians Called tbe Sinicas Cayugaes Onondagues Oneides & Maques who live to the Westward or with any other Indian or Indians whatsoever212 LAWS OF THE COLONY OF NEW YORK. within the County of Albany or to the Eastward Northward or Westward thereof so ffarr as his sd Majestyes Dominions here do or may extend or to hâve or keepe in their Houses or else where any Indian Goods or Marchandizes upon the Payne & Penalty of the fforfeiture and Confiscacon of such Indian Oomodityes whether the same be Beavers Peltry or other Indian Comodityes whatsoever (Except Indian Corne Venison & Drest Deere Skins so traded for and upon Paine and Penalty of the fforfeiture and Confiscacon of ail such Indian Goods and Marchandizes as Gunns Powder Lead Dufîills Rum & ail other Indian Goods & Marchandizes which shall att any time hereafter be found Concealed or kept in any House or Place without the Walls of the said Citty ■& within the said County of Albany and the other Limitts and Boundaryes herein before sett forth and Prescribed and in case any Person or Persons whatsoever shall att any time hereafter ont of the Walls of said Citty and within the said County or the other Limitts and Boundaryes herein before Sett forth and Prescribed trade or traffique with any Indian or Indians for any Bever Peltry or other Indian Comodityes (Except before Excepted) or there shall Gonceale & keepe any Indian Goods Wanes oi* Mar- chandizes in any House or Place as aforesaid then it shall and may be Lawfull for the Mayor Recorder or any of the Aldermen for the time being by warrtt under their or any of yr Hands to Cause such Indian Comodityes so Traded for and such Goods or Marchandizes so kept & Concealed without the Walls of the sd Citty wheresoever they shall be found within the said Citty or County or without the same within the Limitts and Boundaryes before Expressed to be Seized & the same to be Condemned and Confiscate in the Court of Pleas or Comon Pleas in the sd Citty or any other Court of Record within the said Citty or Province one tliird Parte to the Mayor of the sd Citty for the time being one third Parte to such Person or Persons as shall informe or Sue for the same and the other third Parte to the use of the Mayor Alder- men and Comonalty of the said Citty of Albany and their Successors forever and also that it shall and may be Lawfull to and for the Mayor Recorder and Aldermen of the said Citty for the time being by a Warrtt under their or any of their Hands and Seales to Cause such Person or Persons as shall Présumé to Trade or traffique with the Indians Oontrarv to the forme & Effect of these p’sents to be Àpprehended wThere ever they shall be found within the Limitts & Boundaryes herein before Prescribed to Answer the same at the Court of Pleas and Comon Pleas in the said Citty or any other Court ofLAWS OF THE COLONY OF NEW YORK 213 Record within the said Citty or Province where being Legally Convicted thereof such Person or Persons over & besides the fforfeiture and Confiscacon of such Goods Marchandizes and Comodityes as aforesaid shall be ffineable and flined in such Sume or Sûmes of Mony (not exceding twenty Pounds Currtt Mony of this Country) as at the Discrétion of such Court before whom hee or they shall be prosecuted shall be thought Reasonable and Con- venient which said ffines shall be one third Parte to the Person who shall informe and Prosecute for the same and ye other two thirds to the use of the Mayor Aldermen & Comonalty and their Successors for ever AND further I Doe by these p’sents for and on the behalfe of his said Majesty his Heires & Successors Grant & Déclaré to the said Mayor Aldermen and Comonalty of Albany and their Successors that his Majesty his Heires & Successors or any of his or yr Governor’s Leivts Comand’s in Cheife or other Officers shall not or will not from henceforward forever hereafter Grant unto any Person or Persons whatsoever and Lycence or Lycences to Hunt within the said County of Albany or to the Eastward Northward and Westward so farr as his said Majestyes Dominions here Doth or mav extend with- out the Consent and Approbacon of the Mayor Aldermen and Comonalty of the sd Citty of Albany for the time being by the said Person or p’sons first to be had and obtained AND further I Doe by these P’sents for his sd Majesty and his Successors Grant to the said Mayor Aldermen & Comonalty of the said Citty that they & their Successors bee forever Persons able and Capable and shall hâve Power to Purchase hâve take & Possesse in ffee Simple Lands Tennemts Rents & other Possessions within or without the same Citty to them & their Successors for ever so as the same exceed not the Yearlv Value of one thousand Pounds p Annum the Statute of Mortmaine or any other Law to the Contrary Notwithstanding and the same Lands Tennements Heriditaments & Premissess or any Parte thereof to Demise Grant Lease Sett over Assigne & Dispose at yr owne will & Pleasure & to make Seale and Accomplish any Deed or Deeds Lease or Leases Evidences or Writteings for & Concerning the same or any Parte thereof which shall happen to be made & Granted by the said Mayor Aldermen and Comonalty of the said Citty for the time being AND further for and on behalfe of his said Majesty his Heires and Successors I Doe by these p’sents Grant to the said Mayor Aldermen and Comonalty that they and their Successors shall and may for ever hereafter hold & keep within the said Citty in every Week of the Yeare two Markett Dayes the one upon Wednesday & the other upon Satturday wTeeklv forever AND also I Doe by these p’sents for and on behalfe of his said214 LAWS OF THE COLONY OF NEW YORK. Majesty his Heires & Successors Grant to the sd Mayor Aldermen & Comonalty of the sd Citty that they and their Successors and Assigns shall and may at any time or times hereafter Build a Publick Weigh House in such Parte of the said Citty as to them shall seem Convenient and that they the sd Mayor Aldermen & Comonalty shall and may Receive Perceive and take to their own proper use & behoofe ail and Singular the Issues & Profitts there from or thereby Arriseing or Accrewing as also yt: they the said Mayor Aldermen and Comonalty of the said Citty of Albany their Heires and Successors shall and may att any time or times hereafter when it to them shall seem fitt and Convenient to take in ffill and make up and Lay out ail & Singular the Ground & Land within the Limitts & Precincts of the said Citty and the same to Build upon and make use of in any other Manner or way as to them shall seem fitt as farr into the River that Passeth by the same as low water marke aforesaid AND further for and on behalfe of his sd Majesty his Heires & Successors I by these p’sents Doe Give & Grant unto the aforesaid Mayor Aldermen & Comonalty of the said Citty of Albany and their Successo’s that they and their Successors shall and may hâve hold & keep wthin the said Citty Libertyes & Precincts thereof once every ffortnight in every Yeare fore ver upon tuesday one Court of Gomon Pleas for ail Aceons of Debt trespasse upon the Case Detinue Ejectmt and other Personall Aceons and the same to be held before the Mayor Recorder & Aldermen or any three of them (whereof the Mayer or Rècorder to be one) who shall hâve Power to heare & Détermine the same Pleas and Aceons According to the Rules of the Comon Law Acts of Genll Assembly of the sd Province & the Course of other Corporacons in the like Nature AND further for and on behalfe of his said Majesty his Heires and Successo’s I Do by these Présents Give and Grant to the said Mayor Aldermen & Comonalty of the sd Citty of Albany and their Successors forever that the Mayor of the sd Citty for the time being shall & may Détermine ail & ail mannor of Aceons or Causes whatsoever to be had moved or Depending between Party & Party so alwayes as the same Exceed not the Value of ffortv Shillings Currtt Monv of this Province AND» further for and on behalfe of his said Majesty his Heires and Successo’s I Do Grant to the sd Mayor Alder- men & Comonalty of the said Cittv & their Successors for ever that the Mayor Recorder and Aldermen of the said Citty shall alwayes bee so Long as they shall Continue in thmr sd Respect- ive Offices Justices of the Peace for the said Countv and as such shall and may Sett in the Court of Sessions or CountyLAWS OF THE COLONY OF NEW YORK. 215 Courts & Courts of Oyer & terminer that shall from time to tirne be held & kept within the sd County and that the Mayor Recorder or some one of the said Aldermen of the- said Oitty for the time being shall & may Alwayes Présidé in or bee President of such County Courts or Courts of Sessions to be held within the sd County as aforesaid and that the Sherriffe of the said Citty for the time being shall alwayes bee Sherriffe of the said County also that the Towne Clerke of the sd Citty for the time being shall Allwayes bee Clerke of the Peace and Clerke of the Courts of Sessions or County Courts for the said County AND further I Do for and on behalfe of his said Majesty his Heires & Successors by these p’sents Grant to the said Mayor Aldermen and Comonalty of the sd Citty of Albany & their Successors that the said Mayor Aldermen & Comonalty of the sd Citty & their Successors shall hâve & Enjoye ail the Privilidges ffranchizes & Powers that they hâve & use or that anv of their Predecessors at any time within the Space of twentv Yeares last past had tooke or Enjoyed or ought to hâve had by Reason or under Pretence of any further Charter Grant Prescripcon or any other Right Custome or Usage Altho the same hâve been fforfeite or lost or hath been ill used or not used or abused or Discontinued Albeit they bee not Par- ticularlv menconed herein AND noe offner shall Disturb them therein under any Pretence whatsoever not only for their future butt their p’sent enjoymt thereof PROVIDED alwayes that the said Privilidges Franchizes and Powers bee not inconsistant with or Répugnant to the Laws of his Majestyes Kingdom of England or other the Laws of the Generall Assembly as afore- said and Saveing to his Majtie his Heires Successors and As- signes and his Comanders in Cheife Leivts Governo’s & other Oflicers under him or them in his ffortt Albany in or by the Citty of Albany and in ail the Libertyes Boundaryes Extents and Privilidges thereof for the Maintainance of the sd ffortt & Garrison there a.11 the Right use Title & Authoritv which his said Majesty or any of his sd Comanders in Cheife Leivts and other Officers hâve had used or Exercised there) Excepting the said Pasture liere in before Granted or menconed to bee Gnanted to the said Mayor Aldermen & Comonalty of the Citty of Albany aforesd and Saveing to ail other Persons Bodves Politique and Corporate their Heires Successors and Assignes ail such Right Title & Claime Possessions Rents Services Cornons Emoluments and Interest of in and to any thing that is theirs save only the ffranchizes aforesd in as ample manner as if this Charter had not been made AND further I Do' Appoint & Déclaré that the Incorporacon to bee founded by this Charter216 LAWS OF THE COLONY OF NEW YORK. shall not at any time hereafter Do or Suffer to be Don any- thing by meanes or of tbe Lands tenemts or Hariditamts Stock Goods or Chattles thereof or in the Hands Custody or Posses- sion of any the Oittizens of the said Citty such as hâve been sett lett Given Granted or Collected to and for Pions & Charita- ble uses shall be Wasted or misimployed Contrary to the Trust or intent of the founder or Giver thereof AND that such and no other Construccon shall bee made thereof then that which may tend most to Advance RELIGION Justice and the Pub- lick Good and to Suppresse ail Acts and Contrivances to bee invented or Putt in use Contrary thereunto IN wittnesse whereof I hâve to these p’sents sett my Hand and thereto hâve Affixed the Seale of the said Province and Caused the Same to be Enrolled in the Secretaryes Office of the said Province this two & twentyeth Day of July in the Second Yeare of his said Majestyes Reigne and in the Yeare of our Lord 1686. Thomas Dongan COMMISSION OE SIR EDMUND ANDROS, 1688. [A portion of tbe commission relating to the enactment of laws is printed bere and was copied from Doc. Rel. to Col. Hist. of N. Y., III, p. 537. Tbe original is in London, in records relating to New England, XXXIII, 381.] James the Second by the Grâce of God King of England, Scotland France and Ireland Defender of the Faith &c. To our trusty and welbeloved Sir Edmund Andros, Knight Greeting: Whereas by our Commission under our Great Seal of England bearing date the third day of June in the second year of our reign wee hâve constituted and appointed y ou to be our Captain Generall and Governor in Cheif in and over ail that part of our territory and dominion of New England in America known by the names of our Colony of the Massachusetts Bay, our Colony of New Plymouth, our Provinces of New Hampshire and Main and the Narraganset Country or King’s Province. And whereas since that time Wee hâve thought it necessary for our service and for the better protection and security of our subjects in those parts to join and annex to our said Government the neighboring Colonies of Road Island and Con- necticutt, our Province of New York and East and West Jersey, with the territories thereunto belonging, as wee do hereby join annex and unité the same to our said government and dominion of New England. ******* And Wee do hereby give and grant unto you full power and authority, by and with the advice and consent of our saidLAWS OF THE COLONY OF NEW YORK. 217 Councill or the major part of them, to make constitute and ordain lawes statutes and ordinances for the public peace wel- fare and good governmt of our said territory & dominion and of the people and inhabitants thereof, and such others as shall resort thereto, and for the beneflt of us, our heires and suc- cessors. Which said lawes statutes and ordinances are to be, as near as convenientlv may be, agreeable to the lawes & statutes of this our kingdom of England: Provided that ail such lawes statutes and ordinances of what nature or duration soever, be within three months, or sooner, after the making of the same, transmitted unto Us, under our Seal of New England, for our allowance or disapprobation of them, as also duplicates thereof by the next conveyance. ******* It Witness whereof Wee hâve caused these our letters to be made Patents. Witness our self at Westminister the seventh day of Aprill in the fourth year of our raign. [1688.] By Writ of Privy Seal Clerke. INSTRUCTIONS EOR SIR EDMUND ANDROS, 1688. [A portion of the instructions relating to the enactment of laws îs printed here and was copied from Doc. Rel. to Col. Hist. of N. Y., III, p. 543. The original is in London, in records relating to New England, XXXIII, 392.] Instructions to our trusty and welbeloved Sr Edmund Andros Knt our Captain Generall and Governor in Cheif in and over our Territory and Dominion of New England in America. ********* Our will and pleasure is that ail lawes. statutes and ordinances within our Territory and Dominion of New England aforesaid shall continue and be in full force and vigor, so farr forth as they do not in anv wise contradict impeach or derogate from our said Commission Orders or instructions untill such time as with the advice and consent of the Councill you shall pass other lawes for the good govemment of our said Territory and Dominion, which you are to do with ail convenient speed. And Wee do further charge and require you to transmitt authentick copies under the public Seal, of ail lawes statutes and ordinances which at any time shall be made and enacted within our said Territory and Dominion, unto Us as aforesaid and to our Committee for Trade and Plantations, within three months, or sooner, after their being enacted, together with duplicats thereof by the next conveyance, upon pain of our highest dis- 28218 LAWS OF THE COLONY OF NEW YORK. pleasure, and of the forfeiture of that years salary, wlierein you shall at any time or upon any pretence whatsoever omit to send over the said lawes and ordinances as aforesaid, within the time above limited, as also of such other penalty as wee shall please to inflict. And if any lawes statutes and ordinances made and enacted by you and our Councill, or by the Commander in Cheif and Councill of New England for the time being, shall at any time be dis- allowed and not approved, and so signified by Us, our Heires or successors, under our or their Sign manual and Signet, or by order of our or their Privy Councill unto you the said Sr Edmund Andros or the Commander in Cheif of our said Territory and Dominion for the time being; then such and so many of them as shall be so disallowed and not approved, shall from thence forth cease détermine and become void. And you are to observe in the passing of lawes that the Stile of enacting the same by the Governor and Council, be henceforth used and no other. ***«**«*« Given at our Court at Whitehall the 16th day of Aprill 1688, in the fourth year of our Reign. By His Majesty’s Command Sunderland P. GENERAL ASSEMBLY, HELD IN THE CITY OF NEW YORK. First Session, April 24, 1690. Jacob LErsLBB, Lieutenant Governor. [Mr. S. Yan Cortlandt, in a letter to Sir Edmund Andros, dated May 19, 1690, stated that the Assembly held in April, passed the above entitled act and “ that this is ail that this wise assembly did.” (Doc. Rel. to Col. Hist. of N. Y. III, p. 717.) The latter portion may hâve constituted a separate act. If so there were two acts passed at this session. The original of fhis act is not in the office of the Secretary of State and the Révision Commission has been unable to discover a copy elsewhere.] An Act to raise throughout the whole gouver- ment three pence in every pound reall and per- sonall to be paid the flrst of June and that ail townes and places should hâve equall free- dom to boult and bake and to> transport where they please directly to what place or country they think it fitt, anything their places af- ford, and that the one place should hâve no more privilèges than the other. [Passed, April, 1690.]LAWS OF THE COLONY OF NEW YORK. 219 Second Session, September 15, 1690. Jacob Leislee, Lieutenant (toveenob. [Lieutenant-Governor Leisler, in a letter to the Earl of Shrewsbury, dated October 20, 1690, States that the Assembly hath granted a tax of three pence per pound to be levied in January and March next. See Doc. Bel. to Col. Hist. of N. Y. III, p. 753. In a copy of an order of the Lieutenant-Governor requiring the élection of assessors and collectors in pursuance of the act, dated Jan. 25, 1691, the title of the act is given as above, and the date of its passage as October 2d. See Doc. Hist. of N. Y., II, p. 181, by E. B. O’Callaghan. The original of this law is not in the office of the Secretary ôf State, and the Révision Commission has been unable to discover a copy elsewhere.] An act for Raising Three pence in the Pound of ail Reall and Personall visible Estate of ail and singular the Inhabitance of this Pro- vince, one halfe thereof to be paid at or be- fore the 21 January Then next Ensuing and the other halfe at or before the 25th of March next Ensuing & that Assessors and Collectors for executing of sd Act be chosen by the fre- hollder of each Towne within this Province. [Passed, October 2, 1690.] [Copied from the original in the office of the Secretary of State.] A bill for amending & fining ail per- sons within this Province of New York refusing to Serve In Comission of Civil! or Military Power within ye Province under his Maj’ties Lieu’t Gov- ernor of the Province aforesaid & that none of ye Inhabitants of ye City & County of Albany & Ulster Leave or Départ the City or Oountys aforesaid Without Spetiall lycense of the said Authority or Oarry of or transport from Said places any Wares or Merchandises Except Such here- after Exprest. [Passed, October 4, 1690.] WHEREAS his Maj’ties Espetiall Servie in ye Présent Warr with the ffrench & their adherients requires that there be apointed Severall Officers Civill & Military for due Administer- ing ye Lawes Pr’serving the Peace & Keeping the Inhabitants In a good Posture of Defence ag’st said Ennemys & that severall220 LAWS OF THE COLONY OF NEW YORK. persons rnight not refuse or be backward In Serving bis said Maj’tie In any Employmemt Civill or Military ITnder the Com- ission of bis said Maj’ties Lieu’t Governor of s’d Province wbereby bis s’d Maj’ties Service & Safety of tbis Province migbt be mucb bindred & obstructed Bee it therefore Enacted & it Is bereby Enacted by tbe Gen’ll Assembly & by ye Authority of ye Same Tbat if any Person or Persons Chosen, nominated, Constituted, ordained or Comissionated by bis s’d Maj’ties Lieu’t Governor to serve In any Employaient Civill or Military w’thin any of ye Countys of s’d Province & sball refuse to accept reçoive or Exécuté any Commission or Commissions unto him or tbem directed by tbe Said Lieu’t Governor tbat tben & in sucb Case ye Said persons or Persons be Amended & fined to Pay ye Sume of Seaventy five Pounds Curr’t Money of tbis Province & by refusall tbereof tbat tbe Same be forth" witb Strained by Warr’t from said Lieu’t Governor on tbe good« &Cbattles of Every Person or Persons so refusing to serve as aforesaid PROYIDED always & be it furtber Enacted tbat ye s’d fine so payd or Strained as aforesaid sball be aplied for his Maj’ties use In Suporting & defraving ye Charges of tbis Pr’sent Warr against ye ffrencli and tbeir adhérents in ye City County or towne where tbe Same sball happen to be payd or Strained as aforesaid & be it furtber Enacted by the Authority aforesaid tbat ail persons who shall Départ ye City & County of albany or County of Ulster being Inhabitants or ffreeholders Witbout Spetiall Lycense from tbe autbority Com- issionated by the Said Lieu’t Governor sball forfeit & Pay the Sume of one bundred Pounds Curr’t money to be Levved on ye goods Chattles of Every person or persons so departing as aforesaid & for any such person whose Estate sball not amount to the Said Sume of one hundred Pounds tbat the s’d Persons be fined to- ye Discrecion of ye Lieu’t Governor & his Councel whicb Said Sume or fines are to be applyed to the use afore menconed & that no Wares Goods or Mercbandises shall be brougbt downe hudsons River or Transported out sd City & Counties w’tbout such lycense as aforesaid under Penalty of Confiscacon of ye Same & to be aplyed'to ye use aforesaid Except Coine (after Sufiicient Store left for the Militia & In- habitants of ye s’d City & Counties) bevers & Peltry & other necessaries & be it further Enacted by tbe Autbority aforesaid tbat ail persons ail ready departed from the Said City & County’s to returne w’thin the time of fourteen dayes after Publicacon hereof (Except absolute necessity at their utmost Perills.LAWS OF THE COLONY OF NEW YORK. 221 COMMISSION FOR HENRY SLOTJ GHTER, ESQXJIRE, TO BE GOVERNOR OF NEW YORK. [A portion of the commission relating to the enactment of laws is printed here and was copied from Doc. Rel. to Col. Hist. of N. Y., III, p. 623. The original is in London, in New York Entry, II, 204.] William & Mary b y the grâce of God King and Queen of England, Scotland, France and Ireland Defenders of the Faith &c. To onr Trusty and welbeloved Henry Sloughter Esqre Greet- ing. Wee reposing espeeial trust and confidence in the Pru- dence courage and Loyalty of you the said Henry Sloughter, ont of our espeeial Grâce, certain knowledge and meer motion, and thought fit to constitute and appoint you the said Henry Sloughter, to be our Captain General and Governor in chief in and OYer our Province of New York, and the Territories depend- ing thereon in America. And We do hereby require and command you to do and exé- cute ail things in due manner that shall belong unto your said Command and the Trust we hâve reposed in you according to the severall Powers and Directions granted or appointed you by this présent Comission and the Instructions herewith given you or by such further Powers, Instructions and Authoritys as shall at any time hereafter be granted or appointed you under our signet and sign Manual or by our order in our Privy Council & according to such reasonable Laws and Statutes as now are in force or hereafter shall be made and agreed upon by you with the advice and consent of the Council and Assembly of our said Province under your Government in such manner and Forme as is here- after expressed. ********* And we do hereby give and grant unto you full power and authority with the advice and consent of our said councill from time to time as need shall require, to summon & call generall Assemblies of the Inhabifants being Freeholders within your Government, according to the usage of our other Plantations in America. And our will and Pleasure is, that the persons thereupon duely elected by the Major part of the Freeholders of the respective Countys and places and so returned and having before their sit- ting taken the oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy and the Test, which you shall commissionate fit persons under our seal of New York to administer, and without taking which, none shall be capable of sitting though elected, shall be called and held the General Assembly of that our Province and the Territories222 LAWS OF THE COLONY OF NEW YORK. tliere unto belonging And that you the said Henry Sloughter by and with the consent of our said Couneill and Assembly or the major part of them, respectively bave full power and authority to make constitute and ordaine Laws Statutes and ordinances for ye publique Peace, welfare and good Government of our said Pro- vince an*d of the people and Inhabitants thereof and such others as shall resort thereto & for the benefit of us our Heirs & Successors. Which said Laws Statutes & Ordinances are to be (as near as may be) agreeable unto the Laws & Statutes of this our kingdome of England. Provided that ail such Laws, Statutes & Ordinances of what nature or Duration soever be within three months or sooner after the making thereof, transmitted unto us under our seal of New York for. our Approbation or Disallowance of the same, As also Duplicats thereof by the next conveyance. And in case any or ail of them being not before confirmed by Us shall at any tirne be disallowed and not approved, and so signified by Us our Heires & Successors, under our or their Sign Manual and Signet or by order of our or their privy Council unto you the said Henry Sloughter or to the Commander in Chief of the said Province for ye time being, then such and so many of them as shall be soe disallowed and no*t approved shall from thenceforth cease détermine and become utterly voyd and of none effect, anything to the contrary notwithstanding. And to the end nothing may be passed or done by our said Couneill or Assembly to the Préjudice of us our Heires and Successors, We will and ordaine that you the said Henry Sloughter, shall hâve and enjoy a négative voice in the making and passing of ail Laws, Statutes and ordinances as aforesaid. And that you shall and may likewise from time to time as you shall judge it necessary Adjourn Prorogue and Dissolve ail General Assemblies as aforesaid. * « * * * * * # * At the Court at Whitefiall the 14th of Nov 1689.LAWS OF THE COLONY OF NEW YORK. 223 THE FIRST ASSEMBLY. First Session. (Begun April 9,1691, 3 Wm & Mary, Henry Sloughter Governour.) [CHAPTER 1.] [Chapter 1, of Livingston & Smith and Yan Schaack, where the first two paragraphs of the acts are printed. Printed in full in Fowler’s Bradford, p. 1. First two paragraphs printed in full in Baskett, p. 1. The last clause of this act is repealed by ch. 145. For note in reference to this act, see Fowler’s Bradford, p. CV. The act was confirmed by the King, May 11, 1697, see Fowler’s Bradford, p. CXXXV.] An Act for the Quieting and Setling the Disorders that hâve lately happened within this Province and for the Establishing and Securing their Majestyes présent Goveen- ment against the like Disorders for the Future. [Passed, May 6, 1691.] FORASMUCH as the good and quiet, Case profit & benefit, and Advantage of the Inhabitants within this Province doth chiefly Consist in, and altogether rely and dépend upon their bearing true fàith and Allegiance unto their Majestyes Crown of England which is and can only be the Support and defence of this province. AND WHERE AS the late hasty and inconsiderate Violaeon of the same by the setting up a power over their Majestyes Subjects without Authority from the Crown of England, hath vitiated and debauched the Minds of many people &c. and hath also brought great waste, trouble and Destrucon upon the good people of this province, Their Majestyes Loyall Subjects, For the prévention whereof in the time to corne BEE IT THEREFORE ENACTED and OR- DAINEd By the Governour and Council and Représentatives mett in Generall Assemblv. AND it is hereby Published Declared Enacted and Ordained by the Authority of the same That there can be noe power and authority held and Exercised over their Majestyes Subjects in This Their Province and Domin- ion but what must be derived from their Majestyes Their Heirs and Successours And Wee doe hereby Recognize and acknowl- edge That Their Majestyes, William and Mary are and as of Right they ought to be by the Laws of the Reaime of England our Leige Lord and Lady King and Queen of England France and Ireland and the Dominions thereunto belonging &c. That thereby their princelv persons are only invested with the right to Rule This their Dominion and province And That none ought224 LAWS OF THE COLONY OF NEW YORK. or can hâve power, upon any pretence whatsoever, to use or exercise any power over their Subjects in tliis Province, but by Their Immédiate Authority under Their Broad seale of The Reaime of England as now Established AND BEE IT FURTHER ENACTED by the authority afore- said That whatsoever person or persons shall by any manner of way or upon any pretence whatsoever Endeavour by force of anns or otherwise to disturbe the peace good and quiet of this their Majestyes Government as it is now Established shall be Deemed and Esteemed as Rebells and Traitors unto their Majestyes and incurr the pains penalties and forfeitures as the Laws of England hath for such Offences made and provided. [CHAPTER 2.] [Chapter 2, of Livingston & Smith and Van Schaack, wkere the act is printed in full. Printed in full in Fowler’s Bradford, p. 6; Baskett, p. 5. For note in reference to this act, see Fowler’s Bradford, p. CVII.] An Act for the Setling, Quieting and Con- firming unto the Cities, Towns, Mannors and ffreeholders within this Province, their several Grants, Pattents and Rights Respectively. [Passed, May 6, 1691.] FORASMUCH as the many changes, alterations and disturb- ances that hâve been lately given unto their Majesties Sub- jects Inhabiteing within this their Province, hath and doth very much discourage the Setling, improveing and the growth and strength thereof ; AND that it is now absolutely necessarv for the Quieting and satisfieing their Majesties good Subjects within the same; that the rights and priviledges formerly held by and granted, to the respective Cittys, Towns, Mannors and ffree- holders within this Province &c. should be now ratified and confirmed. BE IT THEREFORE ENACTED by the Governour Councill and Représentatives convened in General Assembly, And it is hereby enacted and declared by the Authority of the Same; That ail the Charters, Pattents, Grants, made, given and granted, and wrell and truely executed under the seale of this Province, Consti- tuted and Authorized by their late and présent Majtys the Kings of England, and Registred in the Secretaryes office, unto the severall and respective Corporations of bodys politick of the Cittys Towns and Mannors, and alsoe to the severall and respec- tive ffreeholders within this Province, are and shall for ever be deemed, esteemed and reputed good and effectuai, Charters Patents and grants Authentick in the Law against theirLAWS OF THE COLONY OF NEW YORK. 225 Majesties their heires and Successors for ever notwithstanding of the want of formes in the Law or the Nonfeazence of any right priviledge or Custome which ought to hâve been done heretofore by the Constitutions and Directions contained in the respective Charters, pattents and grants aforesaid. AND BE IT FURTHER ENACTED by the Authority aforesaid, That ail the Chartters Pattents grants, made given and granted as aforesaid, nnto ail and every the severall and respective Cor- porations, or bodyes politick of the Cittys Towns and mannors and their successors, and alsoe unto ail and every the respective ffreeholders, their heires and assignes forever; within this Province, ARE to ail intents and purposes whatsoever hereby ratified and confirmed To hâve hold exercise Occupy, Possess and Enjov ail their and every of their former rights Customes Prérogatives, priviledges preheminencies practises Immuni- tyes Libertys, franchisses, Royaltyes and usages whatsoever, In as full and ample manner as if none of these Changes Alteracons, disturbances want of other forrns in the Law; or the Nonfeazance of any rights, priviledges or Customs of any of the Corporations aforesaid, had never happened or been neglected any thing herein contained or in any other Law to the Contrary in any wise Notwithstanding PROVIDED that .nothing herein contained shall be Construed or taken to barr any person or persons of his or their former and Just right or pretences to any house, tract or parcell of Land within this Province. ALLWAYES PRO- VIDED, that he or they that hâve any such Just right or pre- tence doe make his or their Claime within the space of five yeares; next after the Date hereof AND ALSOE PROVIDED that noething herein Contained shall be intended or Construed to the Préjudice or hindrance of the title or Claime of any Person under âge Feme Covert, Non Compos Mentis, Imprison- ment or beyond the seas. [CHAPTER 3.] [Chapter 3, of Livingston ] Smitli and Van Schaack, where the act is printed in full. Printed in full in Fowler’s Bradford, p. 7; Baskett, p. 6. Confirmed by the King, May 11, 1697. (See Fowler’s Bradford, p. CXXXV.) For note in reference to this act, see Fowler’s Bradford, p. CVII.] An Act for the Enableing each Respective Towne within this Province to Regulate their Fences and Highwayes and make Prudentiall Orders for their Peace and Orderly Improvements. [Passed, May 6, 1691.] WHEREAS the respective Towns within this Province &c. Are soe Circumstanced as to hâve different and distinct wayes in 29226 LAWS OF THE COLONY OF NEW YORK their Improvements of Tillage and Pasturage; And that itt is altogether necessary that they may be qnalified and made capable in the Law; to make such prudentiall rules and Orders for the better Improvement of their respective Towns, and the regulateing their ffences and Highwayes accordingly. BE IT THEREFORE ENACTED by the Governour and Councill and the représenta- tives mett in Generall Assembly, and by the Authority of the saine; That the ffreeholders of every respective Town within this Province are hereby Impowered and Authorized to meet and assemble themelves together at snch times and places as are appointed and expressed In their respective grants and pattents, and when soe assembled to make, establish, constitute and ordaine from time to time such prudentiall orders and rules for the better improveing of their respective Lands in tillage pastureage or any other reasonable way as shall by the Majority of the ffreeholders, soe assembled or Convened as aforesaid be thought good and convenient. And alsoe when the ffreeholders of each respective Town within this Province &c Are Assembled as aforesaid ; they are hereby further Authorized and Impowered to make Choice and Nominate in each of their respective Towns Annually and once every Yeare Three persons to be Survayors and orderers of the work for the laying out and the Amendaient of the High-Wayes and fences within the bounds and Limitts of their respective Towns within this Province, which persons, soe nominated and Choosen shall take upon them the said office, and are hereby Impowered to lay out, sett forth, regulate and Amend ail such highwayes and fences as shall be established in such manner form and way as shall be agreed upon and directed by the Majority of the ffreeholders of each of the respective Towns as aforesaid ALLWAYES PROYIDED that such orders as are made Constituted and ordained shall be kept and regis- tered in the Towns book for that purpose And consented to, And Approved by the next Court of Sessions of peace in the Countyes where the respective Towns are Otherwise to be of noe force nor virtue whatsoever. [CHAPTER 4.] [Chapter 4, of Livingston & Smitli and Van Schaack, wdiere the title only is printed. Printed in full in Fowler’s Bradford, p. 2. Title only is printed in Baskett, p. 8. The act expired May G, 1693. For note in reference to this act, see Fowler’s Bradford, p. CV.] An Act for the Establishing Courts of Judicaturefor the Easeand benefitt of each respective Citty Town and County within this Province. [Passed, May 6, 1691.] Whereas the orderly Régulation and the Establishment of Courts of Justice throughout this Province as wtII in theLAWS OF THE COLONY OF NEW YORK. 227 Respect of Time as place doth tend very much to the honor and Dignity of the Crowne as well as to the Ease and benefitt of the Subject. Be it Enacted by the Governour & Oouncill and Représentatives Convened in Generall Assembly; And it is hereby enacted and Ordained by the Authorlty of the same That every Justice of the Peace that Résides within any Town or County within this Province are hereby fully Impowered & Authorized to hâve Cognizance of ail Causes, Cases of Debt or Trespass to ye Value of Forty shillings or under; which Causes & Cases shall be heard Tryed & finally Determined with- out a Jury by every Justice of the peace, that résides within any Towne or County within this Province, he takeing unto his Assistance, at the Time of his hearing & Determining Such Causes or Cases of Debt and Trespass to the Value of forty Shillings and under, One of ye freeholders of the Towne & place wThere the Cause of Action Doth arise. The Process of Warning shall be by a Summons under ye hand of ye Justice Directed to the Constable of the Towne or Precinct, or any Deputed by him where the party Complained against doth live; which Summons being personally served or left at ye défend- ants house two dayes before ye Day of hearing of the plaint, shall be Sufficient Authority to and for ye said Justice assisted with one of the freeholders as aforesaid, to proceed on such Cause and Causes, and Détermine ye same in ye Défendants Absence. And to grant Execution thereon; against the Défend- ants person or for want thereof his Estate which the Constable of the Towne or Precinct or his deputy shall and may serve. Allways Provided and be itt further enacted by ye Authority aforesaid, that if the Plaintiff or Défendant shall Desire a Jury it shall be allowed but at the proper Cost & Charges of the Person Desiring ye same. And for the Increase of Virtue and the Diseouraging of Evil-doers through out this Province. Be it further Enacted by the Authority aforesaid, That there shall be held and kept in every Respective City & County within this Province att ye times and places hereafter named & Ex- pressed A Court of sessions of the Peace That is to say, For the City & County of New York at ye City hall of ye said City, four times every yeare Vizt ye first Tuesday in May, the first Tuesday in August ye first Tuesday in November & the first Tuesday in Februarv; for ye City & County of Albany at ye Cittv hall of the said Cittv, the first Tuesday in June, the first Tuesday in October & the first Tuesday in Februarv; for West Chester att West Chester the first Tuesday in June, and the first Tuesday in December; for Ulster at Kingstone the first228 LAWS OF THE COLONY OF NEW YOEK. Tuesday in September & the first Tuesday in March for tiie County of Eichmond at ye Court house the first Tuesday in September, & ye first Tuesday in March, The Kings County at Flatbush (alias Midwout) the second Tuesday in May & ye second Tuesday in November Or Queens County at Jamaica, the Third Tuesday in May & the: Third Tuesday in September; Suffolk att Southould the Last Tuesday in September and the Last Tuesday in March att Southampton. Orange County to be annexed to the County of New Yorke And Dutchess County to ye County of IJlster. Which sessions of the peace shall only hold and Continue for the space and Time of two dayes & No Longer. And for the more Eegular and bénéficiai! Distribution of Justice to the Inhabitants of each Eespective City and County within this Province Be it further enacted by ye Authority aforesaid; that there be kept and held a Court of Common Pleas in each Eespective Citty and County within this Province att the Times & places hereafter named and Expressed, That is to say, att such places in each respective County as the said Court of sessions are to be kept; and to begin the Next day after the sessions Terminâtes and only to hold and Continue for the space and time of two Dayes; and noe Longer. And that there be orne Judge with three Justices in each County appointed & Comissionated toi hold the same Court of Pleas three whereof to be a Quorum And that the severall and Eespective Courts hereby Established shall hâve Jurisdiction to hear Try and finally to Détermine Ail actions or Cause of Actions, And ail matters and Things and Causes Tryable att the Comon Law of what Nature or kind soever. Provided always And it is hereby enacted That there shall not be any Appeale or Eemovall by habeas Corpus, of any Person or of any Action or suite, or of any Judgement or Execution that shall be Determined in this Court to the Value of Twenty pounds or under anything herein Contained to tlie Contrary in any wayes notwithstanding. Provided aFwayes and it is hereby enacted That the Courts of the Mayor & Aldermen of ye Eespective Cittyes of New Yorke & Albany shall liave in each of their Eespective Cittyes the power and Authorityes to hear Try and finally to détermine ail such actions & Suites, as is Comonly Cognizable before them from which finall Déter- mination there shall not bee any Appeale or Eemovall by habeas Corpus of any person or of any Action or suite or of any Judgement or Execution to the Value of Twenty pounds or under Anything herein Contained to the Contrary in any wayes Notwithstanding. To which Eespective Court of ComonLAWS OF THE COLONY OF NEW YORK. 229 Pleas there shall belong & be appointed & Oomissionated for that purpose one Clerke of the Court to draw Enter and keep the Records, Déclarations Pleas, Judgements there to be had and Made, And One Marshall or Cryer of ye Court to call the Jurors & proclaime the Comands & Orders of ye said Court. And for the more Regular proceedings in ye said Court, ail processes and Writts of what nature soever for the Comand of persons to appeare and to execute the Judgements & Executions of the Respective Courts aforesaid shall be directed to the Respective Sherriffes of each Citty & County within this Province & exe-1 cuted by them, their under Sheriffes or Deputy or Deputyes. And ail processes & Writts for Actions betwixt Party & party in the said Court shall Issue out of ye Office of the Clerke of the Court in Each Citty and County respectively signed P Curiam. And that their Majestyes subjects Inhabiting within this province may hâve ail the good proper and Just wayes & meanes for ye securing and Recovering their Just Rights and Demands within the saine, Be it further enacted, And itt is hereby enacted and ordained, by the Authority aforesaid that there shall be held and kept a Supreame Court of Judicature, which shall be Duely & Constantly kept att the Citty of New Yorke and not Elsewhere, att the severall & Respective times hereafter mentioned. And that there be five Justices att Least appointed & Comissionated to hold the sanie Court, twx> whereof together with one Chief Justice to be a Quorum. Which Supream Court are hereby fully Impowered and Authorized to hâve Cognizance, of ail pleas, Civill Criminall, and Mixt, as fully & amply to ail Intents & purposes whatsoever, as the Courts of Ivings Bench, Comon Pleas, & Exchequer withTn their Majestyes Kingdome of England, hâve or ought to hâve, In & to which Supreame Court, ail & every person & persons whatsoever shall or may if they shall soe see meet, Commence, or remove any Action, or suite the Death or Damage Laid in such Action or suit being upward of Twenty pounds And not otherwise, or shall or may, by Warrant, Writt of Error, or Certiorari, Remove out of any of the Respective Courts of Mayor &Aldermen Sessions and Comon Pleas any Judgement Information or Indictment, there had or depending & may Correct Errors in Judgment, or Reverse the same, if there be just cause. PROYIDED always, That the Judge- ment removed shall be upwards of the Value of twenty Pounds. Alwayes PROVIDED, and be it further ENACTED by the Authority aforesaid, this Supream Court Shall be Duely and Constantly kept, once every Six Months, and’ noe oftener, that is to say on the first Tuesday of October, and on the first Tuesday230 LAWS OF THE COLONY OF NEW YORK. of Aprill Annually, and every yeare, att the Citty hall of the said Citty of New Yorke PROVIDED they shall not sitt Longer tken Eight Dayes. AND BE IT FURTHER ENACTED by the Authority aforesaid, that itt shall not be Lawfull for any person or Persons whatsoever appointed, elected, or Coonissionated to be A Justice or Judge of the aforesaid Courts to Exécuté or Officiale, his or their said place, or Office, untill such time he or they shall Respectively take the Oaths appointed by Act of Parliament, to be Taken in stead of the Oathes of Allegiance & Supreanacy and subscribe the Test in Open Court. AND BE IT FURTHER ENACTED by the Authority aforesaid that ail and every of the Justices or Judges of the severall Courts before- mentioned be and are hereby sufficiently Impowered, to make, order, and Establish, ail such Rules and Orders for the more orderly practizeing & proceeding in their said Courts, as fully and amply to ail intents and purposes whatsoever as ail or any of the said Judges of the severall Courts of the Kings Bench, Domon Pleas & Exchequer in England Legally doe. PROYIDED ^lwayes, and be it further ENACTED by the Authority afore- said 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 Partyes or Judgement be acknowl- edged or passeth by the Défendants faults for want of Plea or Answer, unless the fact be found by the verdict of Twelve Men of the Neighbourhood, as itt ought of Right to be Done by the Law. BE IT FURTHER ENACTED by the Authority aforesaid that there shall be a Court of Chancery within this Province which said Court shall hâve power to hear and Détermine ail matters of Equity, and shall be Esteemed & accounted the High Court of Chancery of this Province: AND BE IT FURTHER ENACTED by the authority aforesaid, that the Governour & Councill be the said High Court of Chancery, and hold and keep the said Court; And that the Governour may Député, Noininate & Appoint in his Stead A Chancelor, and be assisted with such other Persons of the Councill as shall by him be thought fltt and Convenient, together with ail Necessary officers, Clerks, and Registers as to the said High Court of Chancery are needfull. PROVIDED allwayes and itt is hereby further ENACTED by the Authority aforesaid, That any Freeholders, Planter, Inhabitant or Sojourner within this Province, may hâve Liberty if he or they see meet, to make his or their Appeale or Appeales, from any Judgement obtained against him or them in Case of Error, in the severall Courts aforesaid, in such manner and forme as is hereafter Expressed, That is to say, From the Courts of Mayor & Aldermen and Courts of Comon Pleas, to the Supream Court,LAWS OF THE COLONY OF NEW YORK. 231 for any Judgement above the Value of Twenty Pounds. And from the Supreame Court at New Yorke to ye Governour & Councill for any Judgement above the Value of one hundred pounds; And from the Governour & Councill to their Majestyes in Councill for any decree or Judgement aboyé the Value of three hundred pounds, as in their Majestyes Letters Pattents to his Excellency, Doth and may more fully appeare. ALWAYES PROVIDED that the Party or Partyes soe appealing, shall first pay ail Costs of such Judgement or Decree from which the appeale ariseth. And enter into Recognizance with two sufficient Suretyes for Double the Value of the Debt, Matter, or thing recovered or obtained, by Judgement or Decree against him or them to the said Court from which they Appeale that they wûll prosecute the said Appeale or Appeales with Effect, and make Returne, thereof within Twelve Months after the said Appeale or Appeales here made ; And if Default happen thereon then Execu- tion to Issue out upon the Judgement against the party or their Suretyes, in course without any Scire facias. PROVIDED alwayes that the Establishing of those Courts, shall not be or romaine Longer in force, then for the time & space of Two’ Years, and untill the End of the sitting of the next Assembly after the Expiration of the Said Two Years. [CHAPTER 5.] [Chapter 5, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 10. Title only printed in Baskett, p. 8. Defects in this act were supplied by ch. 95. The act was repealed by ch. 114. For note in reference to this act, see Fowler’s Bradford, p. CIX.] An Act for settling the Militia [Passed, May 6, 1691.] WHEREAS the présent State and Condition of this Province Doth of necessity require That the Inhabitants thereof Should be well armed and Trained up in Art military as well for the honour and service of Their Most Excellent Majestyes as the préservation of their own lives and fortunes BEE IT ENACTED AND ORDAINED By the Governour and Council and Repré- sentatives Convened in Generall Assembly, and It is hereby ENACTED and Ordained By the authority of the Same That noe person whatsoever from fiftjeen to Sixty years of Age rem aine unlisted by themselves or masters mistresses or im- ployers under the Captains in the respective places of their abode in foot or horse the space of one Calendar month after232 LAWS OF THE COLONY OF NEW YORK. their arrivall or Corning to résidé or sojonrne in any place within this Province, on penalty of twenty Shillings and soe for every month Such person Shall romaine unlisted and that every foot Soldier be provided with a well fixed muskett or fuzee (or if the Officer Soe appoint with a good pike or Sword or Lance and pistoll Each musketteer Six charges of powder and one Cartouch box and so shall appeare when and where appointed npon penalty of five shillings- for his Default in not appearing and three shillings for want of each Charge of powder gunn pike Sword pistoll or Cartouch box so as the wliole penalty for any person at one tirne exceed not tenn shillings and That every Soldier belonging To< the horse Shall when and where Commanded appear and be provided with a good Serviceable horse of his Own Covered with a good Saddle with liolsters breast plate and crupper and a Case of good pistolls hanger Sword or rapier and halfe pound of powder with twelve Ser- viceable bulletts on penalty of Tenn Shillings for each times absence and five Shillings for default of each of the particulers abovementioned soe as the wliole penalty for one time Exceed not fifteen Shillings And that every foot Souldier Shall hâve att his habitation and abode one pound of good powder and three pound of Sizeable bulletts and every Tropper hâve at his usuall place of abode a well fixed Carabine with belt and Swivell and two pounds of fine powder with Six pounds of Sizeable bulletts on penalty of Tenn Shillings for each default and that each of them Shall bring the sanie into field when Commanded upon penalty of answering the same at a Court Martiall And for the Supply of the Troops of horse in the Cittyes of New Yorke and Albany and the County of Ulster It shall be in the power of the Collonell or Cheife Officer of tlie Militia of the Citty of New Yorke County of Albany County of ITlster for the time being whensoever any of the said Troops shall not Oompleate the number of fifty to présent double the num- ber insteade of such as are dead removed or wanting out of the principall Inhabitants and Gentlemen of the Respective Cittyes or Countyes aforesaid unto the Governour for the time being who from time to time mav list and order so many of them to be of the said Respective Troops as may Compleate the number of fifty for their Majestyes service and the security of this Province And every person so Presented to the Governour for the time being and by him listed and Ordered to be of the said respective Troops Shall be and are hereby obliged to serve in the said Respective Troops upon the penalty of five pounds PROVIDED nevertheless That noe Clause herein be Construed toLAWS OF THE COLONY OF NEW YORK. 233 extend to force or Compell any person That hath or shall be in Commission in this Province to list themselves in any Company or Troop or to serve in any Capàcity beneath the former Commission unlesse such person hath been degraded by a Court Martiall AND IT IS FURTHER ENACTED by the authority aforesaid That noe person soe listed as aforesd shall départ thence without a dis* charge frorn the Commander of the Company or Troop where listed on penalty of Twenty Shillings And That noe Commander of any Company or Troop shall refuse when desired to give a discharge in writing to any that is removing his abode out of the precincts or province under the penalty of five pounds AND WHEREAS att the Citty of New yorke guards and watches are every night sett and appointed RE IT THEREFORE ENACTED and declared by the authority aforesaid That it shall and may be lawfull for any person or persons listed in the Régiment of the Citty and County of New yorke (Except on Extraordinary Occasions) to put a well armed man in their room who if approved off by the Captaine of the guard Shall excuse his or their absence PROVIDED allwayes That the Commission Officers and Serjeants of the respective Companyes be obliged in Their respective turns to Mount the guard in their proper persons And That noe person shall refuse to be a Serjeant Corporall or Drumimer in the Company wherein he is listed under the penalty of two pounds AND BEE IT FURTHER ENACTED and Ordained by the authority aforesaid That ail Captains of Companyes of foot or Troops of horse shall within twelve months from and after the publication of this Act Provide for Their Companyes and Troops Drumms and Collours Trumpetts Trumpeters and Banners att the propper Charge of the respective Officers Troops and Companyes under the penalty of Tenn pounds and soe for every four months Such Commanders shall remaine unprovided. And That ail the Collonells of the respective Régiments or next Cheife Officer in Their absence shall once every yeare at the least issue out their warrant To their Inferiour Officers Commanding them to make diligent Search and Inquiry in Their Severall precints That ail be duly listed armed and Equipped and to returne to them such defects as shall be found to the» end the Same may be reformed on penalty of twenty pounds and that once every three months or oftener as Occasion shall require and Command be given by the Captaine Generall or Commander in Cheife the Severall Companyes and Troops in each Régiment Shall meet att the next and most Convenient places to> be appointed by their respective Officers to be then and there by them mustered and Exercised AND IT IS hereby ENACTED and ordain’d by the 30234 LAWS OF THE COLONY OF NEW YORK. authority aforesaid That during the time the Said Officers and Soldiers are in arms they Shall observe and Keep ail and every of the Laws and Articles of warr and give ail due obedience to their Superiour Officers which Laws and Articles the Captaine Generall or Commander in Cheife with advice of a Generall Council of warr is to make and Ëstablish And the Commanders of the severall Régiments to give out Copyes of the said Articles unto their respective Officers that the Same may be publickly read once every three months unto the Soldiers whilst they are in arms that ail persons may the better know and observe their Duty, and if it shall happen That any of the Officers or Soldiers shall when they are out of arms endeavour to take revenge by force for any thing his or their Superiour Officers lawfully did in pursuance of his or their duty and This Act The Said Officers and Soldiers shall be brought to a Court Martiall and there punished as if the Offence had been done in time of service or Exercise. PROYIDED That the Said punishment doe not extend to life or limb and BEE IT FURTHER ENACTED By the authority aforesaid That once every yeare or oftner if thereunto Commanded each particular Captaine shall give to his feild Officer and the feild Officer to the Captaine Generall or Com- mander in Cheiïe fair written rolls of their respective Com- panyes and Régiments and if any feild Officer Captaine or other inferiour Officer or souldier shall neglect or Contemne performing the Lawfull Commands of their respective Superiour Officers he or they shall be punished by fine Oasheering or other punish- ment according to the discrétion of a Court Martiall which the Captaine Generall or the Commander in Cheife is to- appoint and Ëstablish AND the orders of the said Court Martiall are hereby declared to be binding in ail Military affairs And if any person upon any invasion or other publick military service be wounded or disabled he shall be cured and maintained out of the Publick Revenue And if any person whatsoever shall be sued molested or impleaded for any thing lawfully Com- manded in the Execution and pursuance of this présent Act he shall pleaid the generall issue and give this act in Evidence and shall thereupon if found for him recover Costs of suite and triple damages PROYIDED alwayes and IT IS HEREBY ENACTED and declared by the authority aforesaid That the severall fines and forfeitures mentioned in this Act shall be recovered and disposed of as followeth Yizt. That ail such as Doe relate to any person under the degree of a Captaine shall be to the respective Captains to defray the CHARGE of their Oompanyes or Troops and to be levyed before the next Eîxer-LAWS OF THE COLONY OF NEW YORK. 235 cising da y B y distresse and Sale of the Offenders goods b y the Captains warrant to the Sergeant or Corporall And if no distresse be found the punishment to be by rideing the wooden horse or being tyed neck and heels not exceeding an hour att the discrétion of their Officers but if the Offender be a servant the Owners Goods shall be lyable to the distresses and sale as aforesaid So that Satisfaction may be made And for ail other penaltyes mentioned in this Act the Same shall be levyed by distresse and sale of the Offenders goods and Chattells by the Provost Marschall by warrant from the Captaine Generall or Commander in Cheife or the Cheife feild Officer where such Offenders are One half thereof shall be unto< the Captaine Generall and the other halfe unto> the said feild Officer of that Régiment where the Offence is Committed And if the fines that doe relate to any person under the degree of «a Captaine shall not amount unto a sume sufficient to defray the Charge of the Captains Companyes or Troops That then the overplus wanting be levyed upon the severall soldiers equally bÿ war- rant or order of Coll'onell or Cheife Officer of the Régiment Troops or Companyes and BEE IT FURTHER ENACTED by the authority aforesaid that It shall and may be lawfull for any Commission Officer belonging to the Régiment of the Citty of New yorke under the degree of a Captaine in the absence of the Said Captaine to grant Warrants of distresse against any persons whatsoever that shall absent themselvés from their duty on the night guards wlthout Sending a Sufficient person to serve and watch in their steade which said warrants soe granted shall be as effectuall to ail intents and purposes what- soever as if they or any of them had beene granted by the Captains themselves PROVIDED allwayes and it is hereby further Enacted and Declared by the Authority aforesaid That nothing in this Act Contained be expounded Construed or understood ta Diminish alter or abridge the power of the Captaine Generall or Commander in Cheife for the time being but that in ail things and upon ail Occasions he may act as fully and freely as Captaine Generall and Commander in Cheife to ail intents and purposes as if this Act had never been made Any thing in this Act to the Contrary notwithstanding AND IT IS FURTHER ENACTED by the Authority aforesaid That ail persons listed as aforesaid Shall readily attend and serve on the watches when appointed under the penalty of three Shillings for each default AND IT IS alsoe further ENACTED by the Authority aforesaid That noe person what- soever présumé to fire any small arms afterEightof the Clock at236 LAWS OF THE COLONY OF NEW YORK. night unlesse in caseof any alarm Insurrection or any other law- full Occation And in either of the said Cases four musketts or small arms distinctly fired or where great gunns are The firing of One great gunn and Two musketts or small arms distinctly and beating of Drumm shall be taken for an alarme And every person That shall neglect his duty in taking and giving forward an alarm by firing as aforesaid, or shall be guilty of firing any Small arms after Eight of the clock att night unlesse as aforesaid Shall be fined or otherwise punished att the discrétion of a Court Martiall not extending to life or limb and in case of such alarm every Souldier is immediately to repair armed to his Col ours or Court of Ouard upon the penalty of five pounds and for the better prévention of false alarms That noe Captaine Master or Commander of any Shipp or Vessell rideing at Anchor in any the harbours Ports or bayes within this Province or any other person fire any gunn after Eight of the Clock att night under penalty of forty Shillings for every gunn so fired to be levyed by warrant from the Cheife Officer not under the degree of a Captaine who is hereby impowered to Administer an oath and give Judgement thereupon by Distresse or sale of the Offenders goods and for want of distresse the Said Cheife Officer Is hereby impowered to Committ such Offenders to the goale there to remain untill pay- aient be made of the same and that in Case the said Cheife Officer shall not perform his duty therein he shall forfeite tenn pounds to be levyed by warrant from the Captaine Generall or Commander in Cheife for the time being PROVIDED allwayes that this Clause shall in noe ways Concerne or Extend to any Captaine or Officer of any of his Majestyes shipps of warr for their firing att setting of the watch PROVIDED allwayes and it is hereby further Enacted and declared by the Àuthority aforesaid That ail Trumpeters and drummers lately in Service or that shall by the severall Captains be put into That service during the Captains pleasure shall serve upon the Sallary of fourty Shillings per annum for a Trumpeter and Twenty shillings per annum for a Drummer finding their Trumpett and drumm And Twenty Shillings for a Trumpeter and tenne Shillings for a Drummer if the Captaine finde them upon penalty of forty Shillings PROVIDED allwayes and it is hereby Enacted and Declared That ail the members of their Majestyes Council Justices of the peace sherriffes Coroners andv ail Officers of Courts Ministers Schoolmasters Physicians and Cheirurgeons shall be freed from being listed in any Troop or Company within this Province any thing contained herein to the Contrary in any wise notwithstanding.ÏAWS OF THE COLONY OF NEW YORK. 237 [CHAPTER 6.] [Chapter 6, of Livingston & Smith and Yan Schaack, where the portion of the act in relation to vagabonds is printed. Printed, in full, in Fowler’s Bradford, p. 8; Baskett, p. 6. Ail of tliis act except the portion relating to vagabonds, was repealed by ch. 96, and was explained by ch. 133. For note in reference to this act, see Fowler’s Bradford, p. CVIII.] An Act for the defraying of the Pub- lique and necessary charge throughout this Province and maintaining the poor and preventing Vagabonds. [Passed, May 13, 1691.] Forasmuch as it is necessary that each respective County' within this Province should hâve power to- establish a Rate for the defraying of their respective and publique Charge, Be it therefore Enacted by the Governour and Oouncill and repré- sentatives convened in Generall Assembly and by the authority of the saute that there be elected and Chosen annually and once A yeare in each respective Towne within this Province; two freeholders who are hereby impowered to asseiss and estab- lish a certaine Rate upon each of the ffreeholders and inhab- itants "within their respective Townes which assessment or cer- taine rate shall upon a certaine day as the Inhabitants of the respective Towns shall appoint be delivered to a certaine ffree- holder which shall be likewise Chosen in each respective Town aforesaid to supervise and examine the publique and necessary charge of each respective County which person soe duely Chosen shall elect and constitute A certaine treasurer for each respect- ive county which treasurer shall make such payments for the defraying of ail the publique and necessary charges of each respective County as shall be appointed and ordered by the persons soe choosen for the superviseing the publique Charges of each respective County. And Be it further Provided by the authority aforesaid, that any such assessment or Rate made ordained or appointed by the persons soe Choosen shall be collected and gathered by the Constable or any other person chooson or Appointed thereunto. As alsoe if any person or persons shall refuse to pay the said Assessment or rate, That itt may be Lawfull for them, that are Choosen as aforesaid. And they are hereby authorized to Issue out their Warrant to the Constable under their hands and seales, or any other person appointed by them to collect and Levy the same by distress on their goods and Chattles. \ And Be it further Enacted by the Authority aforesaid. That the Treasurer for each respective238 LAWS OF THE OOLONY OF NEW YORK. County within this Province shall keep A distinct Book of Accompts containeing A perticular aeoot of ail the money Rates and assessments aforesaid, And alsoe of ail disburse- ments and payaient» by Warrant aforesaid and once every yeare he shall bring his accota to such person as skall be appointed for the audit of the same under the penalty of One hundred pounds, except prevented by Death or Sickness, And further Whereas it is the Custonuand practice of their Majesties Realm of England ; and ail the adjacent Oolloneys in America that every respective Towne and parish doth take care and provide for the poor, who doe inhabitte in their respective precincts as aforesaid. Therefore it is Enacted by the authoritie aforesaid that for the time to corne, that the respective ffree- holders, Eleoted and choosen as aforesaid In every Town parish and precinct shall make provision for the maintenance and support of their poor respectively. And for the prévention and disoouragement of Vagabonds and Idle persons to corne into this Province from other parts and alsoe from one part of the Province to another: Be it Enacted by the» Authority aforesaid that ail persons that shall corne to Inhabit within this Province, or any part or place thereof and hath not A visible Estate, or hath not A manuall occupation shall before he be admitted an Inhabitant give sufficient suerty, that he shall not be A burden or Charge to the respective places, he shall corne to Inhabité, which security shall continue for two yeares Pro- vided allwayes that ail those that hâve Manuall Crafts or occupations May at ail times corne and Inhabité in any place within this Province and be allwayes admitted. Provided he maketh application within eight dayes after his arrivai in any Citty Town or County as aforesaid unto such person or persons as are appointed for goveming the respective parts. And alsoe ail vessells that shall bring any passengers Into this Province; the masters of such Vessells shall within four and Twenty hours after Arrivall bring a list of ail such passengers he brings into this Province with the qualifie and Conditions unto the cheif Magistrates of eaeh respective Citty Town or County as aforesaid, under the penalty of tenn pounds currant money of this Province. Alwaves Provided that if any vessell bring in any person as aforesaid not able to give suerty for their well demeanour That then and in such Case, that the master of such Vessell or Vessells shall be oblidged to transport ail such to the place from whence they came or at least out of this Province, and dependencies. And alsoe if any Vagabonds, beggars, or others remove from one town to another and cannot give security as aforesaid it shall be lawfull for tbe constable te return such persons to the town from whence they chïïiç.LAWS OF THE COLONY OF NEW YORK. 239 [CHAPTER 7.] [Chapter 7, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 19. Title only piinted in Baskett, p. 8. The act was repealed by ch. 99. For note in reference to this act, see Fowler’s Bradford, p. CXV.] An Act for the Allowance to the Re- présentatives. [Passed, May 13, 1691.] Whereas the Severall Représentatives of the Assembly cannot Officiate & Discharge that honourable and Great Trust reposed in them withont being att great Charge & Expence. BE IT THEREFORE ENACTED by the Governour & Conncill & Repré- sentatives Convened in Generall Assembly AND ITT IS HEREBY ENACTED by the Authority of the same, That the Wages or Allowance to each Représentative of the People shall be Tenn Shillings Cnrrant money of this Province pr Diem to Commence from their Comeing ont till their Retume home ALWAYES PROVIDED it shall not exceed Eight dayes before the meeting of the Assembly, and Eight Dayes after the adjourning, prorogneing or Dissolving of the same. AND BE ITT FURTHER ENACTED by the Authority aforesaid that each Respective Oitty and Countv throughout this Province shall bear and Defray the Charge of their own Représentatives, which Charge or Allow- ance as aforesaid shall be paid to the respective Représentatives by the Treasurer of Each respective Citty and County by Warrant under the hand and seale of the Mayor of the respective Cittyes for the tilme being and by warrant of any two of the Justices of the Peace to the Treasurer of the respective Countyes within Tenn dayes after the returne of the said Représentatives from the Assembly. [CHAPTER 8.] [Chapter 8, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 27. Title only printed in Baskett, p. 8. The act expired May 13, 1692; For note in reference to this act see Fowler’s Bradford, p. CXVII.] An Act for the Raising and Levying of two Thousand pounds for paying and defraying the Incidentall charges, according to establish- ment of one hundred fusileers with their officers (for one whole Yeare. TPassed, May 13, 1691.] For the secureing the Frontiers of this Province in the County of Albany it is thought convenient that his Excellency the Captaine Generall Doe Raise one Company to Consist of One240 LAWS OF THE COLONY OF NEW YORK. hundred fusileers with their proper officers which shall romaine in the said County for the Defence thereof one whole Yeare to Commence on the Eight and Twentith day of March now las: past. BE IT THEREFORE Enacted by the Governour and Councill and représentatives Convened in generall assembly and it is hereby Enacted by the Authority of the same. That a Levy of two Thousand pounds Currant money of this Province be laid assessed, Raised and Levyed upon ail and every of the Inhabitants, Residents and freeholders of and in this Province for the paying and defraying the Incidentall Charges of the said Company of fusileers and their officers for one whole Yeare as aforesaid, and for noe other use Intent or purpose whatsoever; to be laid assessed, Raised levyed and pay’d unto their Majesties Collecter and receiver generall for the time being att their Majes- ties Customhouse in the Cittyof New York at the times hereafter mentioned, that is to say one half or Moytie of the said two Thousand pound at or before the five and twentyth day of July now next ensueing And the other Moytie or half part at or before the five and twentith day of March which shall bee in the Yeare of our Lord One Thousand six hundred nintie and two according to the rates and proportions following that is to say for the Citty and County of New York four hun- dred pound for the Citty and County of Albany one hundred and eighty pounds for the County of West Chester one hundred and forty pounds for the County of Richmond one hundred and Twenty pounds, for the County of Ulster and Dutchess County two hundred and fifty pounds for the County of Suffolk Three hundred and fifty pounds for Kings-County two hundred and sixty pounds for Queens County Two hundred and sixty pounds for the County of Orange fifteen pounds for Dukes County five and Twenty pounds and be it further Enacted by the Authority aforesaid that for the botter Assessing Raiseing and paying the summe of two Thousand pounds aforesaid the Mayor and Aldermen within the Citty of New York the Mayor and Aldermen of the Citty of Albany with: the Justices of the peace for the Citty and County of Albany for the time being |and the Justices of the peace for the time being for the severall and respective Countyes aforesaid for the severall Countys respectively for the which they shall be Justices of the peace ^doe forthwith upon the publication hereof assemble and meet ^together in the Court houses for the severall respective Cittys and Countys, or such other place or places as they shall agréé upon amongst themselves and shall there order that the assess- ors and Collectors for the severall and respective Cittys Towns Mannors And libertys within their several Jurisdictions for theLAWS OF THE COLONY OF NEW YORK. 241 assessing Collecting and receiving of the Publique rates for the defraying the publique and necesssary Charge of each respective Citty and County aforesaid be the Assessors and Collectors for the assessing Colecting and receiving the Summ or Summs of money herein before mentioned according to the proportions before expressed as to the said Mayors Aldermen and Justices shall seem meet and reasonable BE IT further Enacted by the Authority aforesaid That the said Mayor Aider* men Justices of the peace for the respective Cittys and Countys Mannors and Jurisdictions hâve and shall hâve Power and Authority by vertue of this Act, each of them by himself to administer an oath to the said Assessors; well truety and equally and according to their best understanding to assess and rate the Inhabitants residents and freeholders of the respective places for the which they shall be Chosen assessors. AND BE IT FURTHER ENACTED By the Authority aforesaid that if any person or persons whoi shall be Chosen assessors or col- lectors shall deny, neglect or refuse to take oath as aforesaid or shall in any wayes deny neglect or refuse to make such Assessment as by this Act is required, or shall deny neglect or refuse to Collect any Sume or sûmes of money in form before mentioned assessed that then and in such case it shall and may be Lawfull, for any two of their Majesties Justices of the peace of the County where such offender shall happen to dwell or résidé and who by virtue of this Act are required and Impowered to doe the same by warrant under their hands and seules to Commit Such assessor or assessors Collector or Collectors soe deneying, refuiseing OR neglecting to the Oom- mon Goale there to remain without Baile or mainprise till he or they shall make fine and Ransome to their Majesties for, such Contempt as above said And be itt further enacted by the Authority aforesaid That if any person or persons of what degree ‘or Qualifie soe ver he or thev be within the Province who shall be Assessed or Rated any Sume or sûmes of money by vertue of this Act to be raised and Levyed shall deny refuise or delay to pay and satisfie the same That then it shall and may be Lawfull for any such Collector by virtue of A warrant from under the hand and seale of any Justice of the peace for the Citty and County where such offenders shall dwell or résidé wrho by virtue of this Act are required and Authorized to grant and Issue forth such warrant to Levy the same by distress and sale of such person and persons goods and Châties returneing the overplus of such goods and Châties to the owner of the Sume assessed and Charges of distress and242 LAWS OF THE COLONY OF NEW YORK. sale being first deducted. If any such overplus sball happen tobeAndalsoe Be it further enacted bythe authority aforesaid tbat if any Mayor Alderman or Justice of the peace witbin tbis province wbo are bereby required Empowered and Authorized to take effectuall care, tbat tbis Act and every Article and clause therein be duly Executed according to tbe true and Gen- uine sence and Intent tbereof sball Deny refuise neglect or delay to doe perforine fullfill and execute ail and every or any tbe dutyes powers and autbority by tbis Act required and Impowered by bim or tbem to be done performed fullfilled and Executed and sball tbereof be Lawfully Convicted befo-re any of tbeir Majesties Courts of Record witbin this Province; be or tbey sball Suffer such paine by fine Imprisonment as by tbe discrétion of tbe Justices of tbe said Courts sball be ad- judged. And be it further Enacted by the Autbority aforesaid Tbat if any Action bill plaint or Information sball be brougbt moved or presented at any time bereafter against any person or persons for any matter Cause or tbing done or Acted in pursuance or Execution of tbis Act sucb person or persons soe sued or presented in any Court wbatsoever sball and may plead tbe generall Issue not Guilty and upon any Issue Joyned may give tbis Act and tbe speciall matter in evidence and if tbe plaintif: or prosecutor sball be nonsuited or forbeare furtber prosecutiom or suffer diseontinuance or verdict to pass against bim tbe défendant and defenders sball recover tbeir trible Oosts for wbicb tbey sbalT bave like Liberty as in any Case where Oosts by the Law are given to Défendants Pro- vided allwayes Tbat noe Mayor Alderman or Justice of tbe peace sball be troubled sued prosecuted or Molested for any omission offence or neglect by virtue of the Act but witbin the space of one yeare after sucb omission offence or neglect and not at any time hereafter any tbing herein Contained to tbe Contrary in any wise notwithsitanding. [CHAPTER 9.] [Chapter 9, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 20. Title only printed in Baskett, p. 8. The act expired May 13, 1694. For note in reference to this act, see Fowler’s Bradford, p. CXV.] An Act to Enable tbe Oitty & County of Albany to Defray their .necessary Charge» [Passed, May 13, 1691.] Forasmuch as tbe Inhabitants of the Citty & County of Albany bave been During tbe Time of tbe Late Disorders very mucb aggrieved, wasted, Distroyed & impoverisbed by ye incursionsLAWS OF THE COLONY OF NEW YORK. 243 of the French their Majesties Declared Enemyes, and that it is absolutely necessary that some suitable and Convenient way should be found out for their Relief and most easy defraying the necessary Charge of that Citty & County. BE IT THEREFORE ENACTED by the Governour & Councill & Représentatives Con- vened in Generall Assembly AND IT IS HEREBY ENACTED by the Authority of the same that the Imposition or rate of two pr Cent, shall be Raised & Levyed upon ail Indian Goods that are brought up to that City & County of Albany and there solde & Consumed and also that the Impost of three pence be Raised & Levied upon each Gallon of Rum that is sold & Consumed within that Citty & County & for the due & orderly Colecting of the said respective Imposts & Rates the Treasurer of the said Citty for the Time being, or any appointed by him & the Mayor of the said Citty, under the Publick Seale of the Said Citty are hereby Impowered and Authorized to appoint, Constitute & Establish a Collector or Receiver of the Rates & Imposts aforesaid who shall hâve power to Receive the same, & to enter in fair Books kept for that purpose ail Such sume & Sûmes of Money as shall be so Entred & Received for the Respective Dutyes aforesaid, the said Collector or Receiver appointing Certaine Convenient times & places for the keeping of the office as shall be Directed by the Court of Mayor Aldermen & Assistants of the said Citty; and ail persons that Trade & and bring up the said Citty & County the aforementioned Indian Goods & Rum are hereby required to make a Report of the quantity & value of such goods & Rum they so bring up & sell in the City & County aforesaid, and pay the Dutyes & Impost hereby Established without being att any further Charge then the said Duty and in Default thereof itt shall be Lawfull for the Mayor Treasurer or any other Officer hereby Authorized to Issue his or their warrant under his or their hand & Seale for the seizing of ail such goods & Rum. that shall be Imbezeled & not pay the Dutyes aforesaid one Third to the Informer, one Third to said Citty & County of Albany, & one Third to his Excellency the Governour, or Comander in Chief for The Time being PROVIDED that ail the sume & sûmes of Money that are hereby Received shall be only appropriated and applyed to the Defraying the necessary Charge of the Citty & County aforesaid, and that the Treasurer, Collector or Receiver for the Time being shall not pay any of the money received as aforesaid, but by warrant from the Mayor of the said Citty & Approved by the Court Of Aldermen and Assistants. PROVIDED that this act shall onely Remaine in force for the Space of three Yeares & noe Longer any thing Contained herein to the Contrary in any wayes Notwithstanding.244 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 10.] [Chapter 10, of Livingston & Smitli and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 15; Baskett, p. 2. Livingston & Smith, Van Schaick and Baskett State that this act was repealed by the Iving, May 11, 1697. See Report of Lords of Trade in Doc. Rel. to Col. Hist., IV, p. 263. For valuable note in reference to this act, see Fowler’s Bradford, p. CXI.] An Act declareing what are the Rights and Priviledges of their Majesties Sub- jects inhabiting within their Province of New York. [Passed, May 13, 1691.] Forasmuch as the Représentatives of this their Majesties Province of New York now Convened in Generall Assembly are deeply sensible of their Matys most gratious favour in restoring to them the undoubted Rights and Priviledges of Englishemen by declareing their Royall will and pleasure in their Letters Pattents to his Excellcy who they hâve appointed their Captaine generall and Governonr in Chief over this their Province; that he shonld with the advice and consent of their Conncill from time to time as need shall reqnire to smnmon and call generall Assemblys of the Inhabitants being freeholders according to the usage of their Majesties other Plantations in America. And that this most excellent constitution soe necessary and soe much Esteemed by our Ancestors may ever continue unto their Majesties Subjects within this Province of New York; the Repré- sentatives of this their Majesties Province Convened in Generall Assembly doe with ail duty and Submission humbly pray that the rights, Priviledges Libertyes and francheses according to the Lawes and statutes of their Majesties Realm of England may be confirmed unto their Majesties most dutyfull and loyall Subjects Inhabiting within this their Province of New York by Authority of this generall assembly. Be it Therefore Enacted by the Governour and Councill and the Représentatives mett in generall Assembly. And it is hereby enacted and declared by the Authority of the same, That the supreame Legislative power and authorite under their Majesties William and Mary King and Queene of England &c shall forever be and résidé in A Gover- nour in Chief and Councill appointed by their Majesties their Heires and successours ; And the people by their Représentatives mett and Convened in generall Assembly; that the exercice and administration of the goverment over the said Province shall, persuant to their Majesties Letters Pattents be in the said Governour in Chief, and Councill with whose advice and Con-LAWS OF THE COLONY OF NEW YORK. 245 sent or witk att least five of tkem, lie is to rule and Govern the saine, according to tke Lawes tkereof, and for any defect tkerein according to tke Laws of England and not otkerwise. Tkat in Case tke Governour in Ckief skall Dye or be Absent ont of tke Province; and tkat tkere be noe person witkin tke said Province Commissionated by tkeir Majesties tkeir keires or Suc- cessors to be governour or Commander in Ckief tkat tken tke Councill for tke time being or soe rnany of tkem as are in tke said Province doe take upon tkem tke administration of tke government and tke Execution of tke Lawes tkereof and powers and autkorities belonging to tke Governour in Ckief and Councill, tke first in nomination in wkick Councill is to présidé untill tke said Governour skall retum and arrive in tke said Province againe, or tke pleasure of tkeir Majestyes tkeir keires or Successors be furtker known. Tkat for tke good government and rule of tkeir Majestys Subjects a session of a generall Assembly be keld in tkis Province once in every yeare. Tkat every freekolder witkin tkis province and free- rnan in any Corporation skall kave kis free Ckoice and voat in tke electing, of tke Représentatives witkout any manner of Constraint or Imposition; And tkat in ail élections tke Majority of votes skall carry itt, and by freekolders is to be understood every one wko skall kave fourty skillings P Annum in freekold. Tkat tke persons to be elected to Sitt as Repré- sentatives in tke Gekerall Assembly from time to time for tke severall Cittys, Towns, Countys, Skires, Divitions or Mannors of tkis province and ail places witkin tke same skall be according to tke proportion and number kereafter expressed, tkat is to say for tke Citty and County of New Yorke foure for Suffolk County two for Queens County two for Kings County two, for tke County of Rickmond two-, for tke County of West- Ckester two, for tke County of Ulster two, for tke Citty and County of Albany two, for tke Colloney of Renslaerswick, one, Dukes County two; and as many more as tkeir Majesties tkeir keires and successors skall tkink fitt to establisk. Tkat ail persons Ckosen and Assembled in manner aforesaid or tke Major part of tkem skall be deemed and accounted tke repré- sentatives of tkis Province in generall assembly. tkat tke Repré- sentatives convened in generall Assembly may appoint tkeir own times of meeting during tkeir sessions and may adjourn tkeir kouse from time to time as to tkem skall seem meet and oonvenient. Tkat tke said représentatives as aforesaid Con- ven’d are tke sole Judges of tke Qualifications of tkeir own Members, and likewise of ail undue Ellections, and may from time to time purg tke house As tkey skall see occation Tkat246 LAWS OF THE COLONY OF NEW YORK. noe member of the generall assembly or their Servants dureing the Time of their Sessions and whilst they shall be going to and returning from the said Assembly shall be arrested, sued, Imprisoned or any wayes molested or troubled or be Compelled to make answer to any suite, bill, plaint Déclaration or other- wise, Cases of high Treason and fellony onely Excepted. That ail Bills agreed upon by the Représentatives or the Major part of them shall be presented unto the Governour and the Councill far their approbation and Consent ail andeverv which said Bills soe approved of and consented to by the Governour and the Councill shall be Esteemed and accounted the Laws of this Province which said Lawes shall continue and remaine in force untill they be dissallowed by their Majesties their heirs and Successors or expire by their own limitation. That in Ail Cases of death or Absence of any of the said Représentatives the-Governour for the time being, shall Issue out A wrritt of Summons to the Respective Cittys Towns Countvs Division or Mannors; for which he or they so deceased or absent were Chosen, wiRing and requireing the freeholders of the same, to Elect others in their places and stead That noe freeman shall be taken and Imprisoned or be desiezed of his freehold, or liberty or free CustonPs, or out Law’d or Exiled or any other wayes destroyed, nor shall be passed upon, adjudged or Condemned but by the Lawfull Judge- ment of his peers and by the Law of this Province, Justice nor right shall be neither sold denied or delayed to any person within this Province. That noe Aid, tax, toilage, assessment, Custome Loan, Benevolence gift, Excise duty or Imposition whatsoeve? shall be laid assessed Imposed, Levyed or required of or on any of their Majtys Subjects within this Province &c or their estâtes upon any manor of Colour or pretence whatsoever but by the Act and Consent of the governor and Councill and Représenta- tives of the people in generall Assembly mett and Convened; That noe man of what estate or Condition soever shall be put out of his Lands, tenements, nor taken nor Imprisoned nor dis- inherited nor banished nor any wayes destroyed or molested without first being brought to Answer by due Course of Law. That A freeman shall not be Amerced for A small fault but after the maner of his fault, And for A great fault after the greatness thereof. saveing to him his freehold and A husbandman saveing to him his wTainage; and A merchant saveing to him his Merchandize; and none of the said Amercements shall be Assessed but by the Oath of twelve honest and Lawfull men of the Yicinage provided the faults and Misdemeaners be not in Con- tempt of Courts of Judicature. Ail trvalls shall be by the verdict of Twelve men and as nere as may be Peares or equallsLAWSOF THE COLONY OF NEW YORK. 247 of tlie neighbourhood of the place where the fact shall arise or grow; wketker the same be by Indictment declaracon or Informa- tion or otherwise against tke person or défendant. Tkat in ail cases capitall or criminall tkere shall be a grand Inquest wko shall first présent tke offence; and tken twelve good men of tke neighbourhood, to try tke offendor, wko after his plea to tke Indictment skall be allowed kis reasonable challenges. Tkat in ail Cases whatsoever bayle by sufficient suretyes shall be allowed and taken unless for Treason or fellony plainely and specially expressed and mentioned in tke Warrant of Committment; and tkat tke ffellony be suck as is restrained from Bayle by tke Law of England. Tkat noe freeman skall be Compelled to receive any souldiers or Marrinors; Except Inholders and other kouses of Publique entertainment; wko are to Quarter for Ready money into kis liouse and their Suffer them to Sojorne against their Wills, Provided it be not in time of actuall warr witkin this Pro* vin ce. Tkat noe Commission for proceeding by Martiall Law against any of kis Majesties Subjects witkin tkis Province &c skall Issue fortk to any person or persons whatsoever least by Colour of tkem any of kis Majesties Subjects be destroyed or put to death. Except ail suck officers and souldiers that are in Garrison and pay dureing tke time of actuall Warr. That ail tke Lands within this Province skall be esteemed and accounted Land of ffreehold and Inkeritance in free and Common soccage according to the tenure of East Greenwich in their Matys Realm of England. Tkat noe Estate of A feme Covert skall be sold or Conveyed but by deed acknowledged by her in Sorne Court of Record tke woman being secretly examined if Ske doth itt freely witkout tkreats or Compulsion of ker kusband. That Ail wills in writeing; attested by three or more Crédible Witnesses skall be of tke same force to Convey Lands as other Convey- ances being proved and Regestred in the proper offices in eack County witkin dayes after tke Testators death Tkat ail Lands and héritages within tkis Province and depend- encies skall be free from ail fines, licences upon Aliénations; and from ail hariotts, ward shipps, leveries primer, Seizins yeare and day waist Escheat and forfeitures upon the death of parents and Ancestors, naturall, unnaturall Cassuall or Judiciall and that for ever. Cases of high treason onely excepted. That noe person of what degree or Condition soever throughout this Province Choosen appointed Oommisionated to Officiate or Exé- cuté any office or place Civill or Military within this Province &c shall be capable in the Law to take upon him the Charge of such places before he hath first taken the oaths appointed by act of Parliament to be taken in Lieu of the Oaths of248 LAWS OF THE COLONY OF NEW YORK. Supremacie and allegiance and Subscribes the test. That noe pson or psons whick profess faitk in God by Jésus Christ his onely sonn shall at any time be any wayes molested punished disturbed disquieted or called in question for any différence in opinion, or matter of Conscience in Religeous Concernment who doe not under that pretence disturb the Civil! peace of the Province and that ail and every such Person or persons may from time to time and at ail times hereafter freelv and fully Enjoy his or their opinion persuasions Judgements in matters of conscience and Religion throughout ail this Province and freely meet at Convenient places within this Province, and there worshipp acoording to their respective perswasions without being hindred or molested, they behaveing themselves peaceably Quietly, modestly and religiously, and not useing this Liberty to Licentiousness nor to the Civill Injury or outward disturb- ance of others. Ail wayes provided that noething herein men- tioned or Contained shall extend to give Liberty for any persons of the Romish Religion to exercise their manor of worshipp Contrary to the Laws and Statutes of their Majesties Kingdom of England. [CHAPTER 11.] [Chapter 11, of Livingston & Smith and Van Schaack, wliere the title only is printed. Printed in full in Fowler’s Bradford, p. 21. Title only printed in Baskett, p. 8. The act expired May 16, 1693. For note in reference to this act, see Fowler’s Bradford, p. CXVI.] An Act for the Establishing a Revenue for the Defraying the Publick Charges of the Province. [Passed, May 16, 1691.] For the better Defraying of the publique & necessary Charges and expences of this Province which cannot Otkerwise be effected, without great Charge unto their Majestyes BE IT ENACTED by the Governour Councill and Représentatives now mett in Generall Assemblv; and by the Authority of the same that the Dutyes, Customes and Excise hereafter specifyed Bee given and granted unto their said Majestyes to the Intent afore- said That is to say for every gallon of Rum brandy & distilled Liquors that shall be Imported into this Province and Depend- encyes the sum of four Pence Currant monev of this Province. ANT) for every pipe of Madera Wine Fyall, St. Georges, Canary, Malago, Sherry and ail Sweet Wines the sume of Forty shillings Currant Money aforesaid, and for every hogshead of 'White Red & Rhenish Wines the sume of Twenty shillings Currant money aforesaid and upon ail other Merchandize imported into thisLAWS OF THE COLONY OF NEW YORK. 249 Province & Dependencyes the sume of forty shillings currant money aforesaid for every hundred ponnds value at the prime Costs, Except those hereafter specified (vizt.) Sait, Bricks Pan- tiles Ooales, fish, Sugar, Malesses, Cottonwool, Ginger, logwood, brasiletta, fustick or any other sort of Dying wood, Gocoa, hides Tobacco Bullion & Plate, Pork, Oyle, Tar, flax, soape, Candies, Cheese Butter, Beefe, fish Whalebone, hops, apples, Pears, syder, firewood, plants, boards, peltry, Beavers, slieepswool, onyons, Dressed and undressed Dearskins, Tallow, hides, sait, honey, beewax, baywax, Indian Corne, wheat, barley, Rye, pease, or any other sort of Graine or any other thing of the growth & production of our neighbouring Collonyes & Plantations in America. AND BE IT FURTHER ENACTED by the Authority aforesaid that there be alsoe given & granted unto their said Majestyes for the Intent aforesaid upon ail Merchandizes Comonly called by the name of Indian goods Dufîles, stiowds, blanketts Plain halfe thick Woolen stockings white ossenbrigges, kettles, hatchetts, hoes, redlead, Vermillion, Cotton red kerseys, knives, Indian haberdashery and other Indian goods the sume of Tenn pounds Currant money aforesaid, for every hundred pounds value prime Cost that shall be carried up hudsons River in any vessell sloope, Boate or Canow, or any other way, and that the value of the Prime Cost shall be att the Rates hereafter mentioned. PROVIDED, that ail kettles that Shall Containe above eight gallons shall pay none of this Duiy, vizt: Indian Buffles to be valued at two shillings & four pence the yard, Indian strowds half a peece four pounds a whole piece Eight pounds Indian Blanketts each peece four Pounds, Indian plaine Cottons, pr. yard one shilling and six pence, Indian halfe thicks pr. yard one shilling and tenn pence. Indian white Ossen- briggs the English Eli Eight pence; Indian kettles each hun- dredweight six pounds, Indian hatchetts the Douzen twelve shillings, Indian hoes, the Douzen twelve shillings, Red Lead Each hundredweight Twentv shillings, Vermillion each Pound four shillings, Cotton pr yard one shilling and four pence, Red Kersey each yard two shillings and six pence, Knives pr Douzen three shillings, Indian shirts pr Douzen Twenty Shillings, Indian Drawing knives, Looking Glasses, Indian Wooden Combs, Indian Beads, Tobaco in Rolls, Indian Belts, sissers, Jews harps, Indian points, Drills, Tobacco pipes, Little painted boxes Awles Sword Blades, Copper Tobacco Boxes, tinsey Lace, Indian gimp, Lace, Needles, tobacco tongs, Indian Powder hornes, Indian woolen stockings, Indian Steels, the sume of tenn pounds Currant money aforesaid for every hundred pounds Value prime Costs that shall be Carryed up as aforesaid, And for every barell of 32250 LAWS OF THE COLONY OF NEW YORK. powder six shillings, for every hundred weight of Leàd six shillings and for every Gun with or without a Lock six shillings which shall be Carryed hudsons River as aforesaid. And also for every gallon of Rum which shall hereafter be Carryed up hudsons River as aforesaid four Pence AND be it further ENACTED by the Authority aforesaid that there be given and granted and there is hereby given and granted unto them for the use aforesaid, an Excise upon ail Brandy Rum, and other Distilled Liquors to be retailed within this Province under fifteen gallons the Sume of twelve pence Currant money aforesaid for each gallon soe Retailed, And alsoe an Excise of twelve pence Currant money aforesaid on each gallon of Wine under the quantity of flve gallons soe Retayled as aforesaid, And alsoe that ail beer and syder retayled throughout this Province & Depend- encyes shall pay six shillings for each barrell soe Retayled AND it is further ENACTED by the Authority aforesaid that there be given and Granted and there is hereby further given & granted unto their said Majestyes for the Use aforesaid a Custome and Duty that is to say, upon every Beavor Skin Comonly called a whole Beavor the sume of Nine pence Currant money aforesaid, And that ail other furs and Peltry be Yalued and Rated accord- ingly, That is to say for two halfe Beavors nine pence, for four Lapps nine pence for three Drillings one shillings & Six pence, for tenn Racoons nine pence, for four foxes Nine pence, for four fishers nine pence, for five Catts nine pence, for six Minkes nine pence, for one Otter six pence, for two bear Skins nine pence, for four Wolves nine pence, for four and Twenty Mush Ratts nine pence, for tenn Matters nine pence for every twenty four Pounds of Mouse and Deer skins, Nine pence, Ox, Bull & Cow hides six pence per hide, Spanish and West Indian Hydes onlv Excepted, and ail other peltry, to be valued Equivalent to a Whole Beavor nine pence to be exported ont of this Province AND be it further ENACTED by the Authority aforesaid for the Due and orderly Collecting of the aforesaid Dutyes, Customes and Excise, and alsoe for the preventing of frauds and Embazilments of the said Dutyes Customes & Excise, That ail Ships & Vessells whatso- ever that shall corne to any Port Creek or harbour within this province and Dependencies to trade or Trafique, the Master, Mate or Purser shall corne to such place or places as shall be appointed by the Governour or their Majestyes Collector for the Time being and there make Report of ail such parcell or parcells of Merchandize and other things as he hath on board such Shipp or Yessell and alsoe déclaré upon his Corporall Oath that he hath not broke Bulk since his arrivall within this Province before he made such Report as is Required. AndLAWS OF THE COLONY OF NEW YORK. 251 alsoe ail Merchants that hâve any goods or Merchandize wliat- soever shall att such place or places as is above directed, make a True and Distinct Entry of ail such parcell or parcells of goods or Merchandize he hath on board such ship or Yessell according as they Cost him att the prime Gost: And if any Différence shall arise about the Value of the said goods & Merchandize then the Collecter or any appointed for the Col- lection of the said Dutyes & Oustomes, may Administer to ail or any such person or persons makeing such Entry their Corporall Oathes that the said Entry is according to the Invoyce or Invoyces sent to him or them frorn the place or places from whence Such goods did corne. AND further it is ENACTED by the authority aforesaid, That if any Master, Mate or Purser of any ship or Vessell whatsoever or an y Merchant ffactor or other shall Contrary to the Rules aboyé prescribed break bulk or Land any Goods or Merchandize whatsoever before he or they make such Report or Entry and pay such Dutyes as Re- quired by this Act, Then and in such Case the Master of such Ship or Vessell that shall break bulke before makeing such Report, as above shall upon proofe of two Evidences forfeit his ship or Vessell with ail her Tackle, Furniture & amunition, one Third to their Majestyes, one Third to the Governour of this Province, And one Third to the Informer, to be sued for in any Court of Record within this Province by Bill plaint or Information wherein noe Essoine, protection or wager of Law, shall be Allowed and also ail such goods as shall be Landed without entry made as afore directed shall be forfeited on the Testimony of two or more suf&cient and Crédible witnesses, one Third to their Majestyes one third to the Governour, and one Third to the Informer that shall sue as above AND BE IT FURTHER ENACTED by the Authority aforesaid That ail Masters of shipps or Vessells that are within this Province, and doe not belong unto this Province or any parte thereof and bound to any port within or without this Province shall before they take in any Merchandize above expressed, Corne to such place or places as shall be appointed for the Collecting of the Rates Established by this Act, and there make Entry and Report of their Désigné and Enter into Bond to the Value of One Thousand Pounds wûth sufficient suretyes That he or they shall not take on Board, Directly or Indirectîy without such permitt or Certificate from the Collecter or some one hav- ing Authority under him for the same, and if he or they Doe take on Board any goods or Merchandize Contrary to the true Intent & meaning of this Law, then he or they shall forfeite his or their said Bond to be sued for, within three months252 LAWS OF THE COLONY OF NEW YORK. after such fact Committed or otherwise to be voide and of none effect. And alsoe for the Due and orderly Collection of the Excise above granted BE IT HEREBY FURTHER ENACTED by the Authority aforesaid that ail Retaylers of Wine, Rum, Brandy or any other strong Liquor within this Province shall upon the purchase and Receipt of ail such Liquor or Liquors before Expressed and Exciseable, Corne to the Office or Officer of the Excise and There or with him make entry of ail such Liquor or Liquors as they shall buy, and Reçoive and pay such Dutyes as are hereby appointed within four & Twenty hours or as soone as may bee without great Incon- veniencys, PROVIDED an Officer for that purpose be Established in each Town throughout the Province: And on Default thereof ail such Liquors as shall be found in any Retaylevs house within this Province or Dependencyes, as hâve not been Duely Entered & paid the Rates above Expressed then and in such Case on the Testimony of two or more substantial Witnesses the said Retayler or Retaylers soe offending in the premises shall forfeit such Liquors, And in Case the value thereof shall be under the sume of five pounds Currant money aforesaid, shall Likewise and beyond forfeit and pay the Treble Value of such Liquors, one halfe to the Informer and ye other halfe to the Publique Treasurer of this Province to be sued for in any Court of Record within each County, where any such Action or Actions shall arise, wherein noe Essoine protection or wager of Law shall be AllowTed. AND be itt further ENACTED that if any person or persons within this Province & Dependencyes not being thereunto Duly Licenced shall att any time hereafter présumé to sell by Retayle any the Liquors aforesaid that is to say less quantity att one time then fifteen gallons the person soe offending shall forfeit & pay the sume of five pounds for every such Offence, being thereof Convict by the Oath of two or more substantiall Evi- dences to be sued & Employed for in such manner & porportions as is Last aforesaid, AND BE IT FURTHER ENACTED that ail Masters & Commanders of shipps sloopes, Boates or any other Vessell, belonging to this province and its Dependencyes shall repair to the said Custome house or other place or places that shall be appointed for that purpose and there Enter into Bond of one hundred pounds that they shall not Directlv or Indirectly take on Board or Carry away out of this Province and Depend- encyes any of the aforesaid Goods or Merchandizes without pay- ing such Cutomes and Dutyes as are before Expressed. PRO- VIDED also that ail Indian Traders throughout the whole province & Dependencyes Doe pay for the value of each hundred pounds prime Cost, they soe Trafique with the Indians the sumeLAWS OF THE COLQNY OF NEW YORK. 253 of Tenn pounds money aforesaid PROVIDED alwayes & itt is further Enacted by the Authority aforesaid that if any of the Goods Merchandize, Wines, Rum, Brandy & other Distilled Liqnors for which the Dutyes in this Act mentioned is paid or seeured to be paid at the Importation, be Exported out of the Province within Six months after their Importation then the Moyety or one halfe of the aforesaid Dutyes in this Act mentioned shall be returned for as much as shall be so exported the Exporter makeing Oath in the Custome house thatt the whole Duty hath been Duly paid for the said Wines & Liquors at the Importation & thatt there hath been noe fraud or Mixture used to Increase the said Liquors to be Exported and that there- upon he bring a Certificate from the surveyor or Searcher that the said Wines or Liquors are accordingly shipped, any thing Contained herein to ye Contrary in any wayes notwithstanding. PROYIDED allwayes that this Act and ail things therein Con- tained shall only Continue and Remaine in force for the Time and space of two Years next and after the Publication thereof and no Longer any thing Contained herein to the Contrary in any wayes Notwithstanding. [CHAPTER 12.] [Chapter 12, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 26. Title only printed in Baskett, p. 8. For note in reference to this act, see Fowler’s Bradford, p. CXVI.] An Act to Enable his Excellency to Defray his Extraordinary Expence & to Endemnify the Colleetor & Receiver General 1 for ye Receipt of severall sums of Money on pretence of Customes & Dutyes. [Passed, May 16, 1691.] The Représentatives Convened in Generall Assembly, being very sencible that the Great Confusions and many Disorders that were in this Province on your Excellency es Arrivall, must needs occasion unto your Excellency an Extraordinary and great Expence, and they being Likewise well Assured of the Good Affection your Excellency hath for the Inhabitants of this province, and for the Great Cure your Excellency hath taken for the Conserning the peace thereof, and forasmuch as their Majestyes Colleetor and Receiver Generall has since the Twenty ninth Dav of Januarv Exclusive Last Past, received from the Inhabitants of thïs Province severall sums of Money for Dutyes Customes and other Impositions formerly accus- tomed to be taken but not Warrantage by the Law, for the254 LAWS OF THE COLONY OF NEW YORK Removall of the many Controversyes, & Disputes that may Arise thereby and also for the better Defraying the Extra- ordinary Expences your Excellency has been att Doe pray that it may be Enacted, by your Excellency & Councill & Représentatives Convened in Generall Assembly. AND BE IT HEREBY ENACTED by ye Authority of the same, that ail ye sum & sums of money for any Duty Custome Imposition or any other Pretence whatsoever received by their Majestyes Receiver Generall since the Twenty Ninth day of January Exclusive now last past untill the Day of the publicacon of a Certaine ACT now made and Established in this présent sessions of Assembly Intituled, An Act for ye Establishing a Revenue for the Defraying the Publique & Necessary Charges of ye Province are hereby given & granted unto his said Excellency for ye Intent aforesaid, and ye said Collector & Receiver Generall is hereby Required and Authorized to account & pay unto his said Excellcy when he shall be thereunto Required ail & every of ye said Sum & Sums of Money so by him Received, within & Dureing ye Time aforementioned & for his so Doing this Act shall be a Good & Sufficient Warrant unto him ye said Col- lector his Executors & Administrais forever. And be it further Enacted by the Authority aforesaid that their Majesties Collector & Receiver Generall aforesaid is hereby Indenmifyed from ail maner of Plaints suits or Demanda whatsoever from any person or Persons on the account of any sum or sûmes of Money so Received by him During ye Time aforesaid. And that if any Action, Bill, Plaint, or Informacon shall be brought moved or Prosecuted att any time hereafter against the said Collector his Executors & Administrators for or Concerning any Sume or Sûmes of Money soe Received by him During the Time aforesaid, he or any of them so sued & Prosecuted in any Court whatsoever shall & may Plead ye Generall Issue not Guilty and upon any Issue Joined may give this Act, & ye Speciall Matter in Evidence: and if the Plaintiffe or Prose- cutor shall be Nonsuited, or forbear farther Prosecution or suffer Discontinuance, or Verdict pass against him the Défend- ant or Défendants shall Recover their Trebble Costs for which they shall hâve like Remedy, as in any Case where Costs by the Law are given to Défendants: And Whereas there are severall Arrearages of Customes and Dutyes In the month of June which was in ye yeare of our Lord One Thousand Six kundred and Eighty nine formerly used to be Taken: Bee it farther Enacted by the Authority aforesaid that ail such Person or Persons, that Remaineth Indebted for any Duty or Custome ariseing & Due in ye Month of June aforesaid, which was inLAWS OF THE COLONY OF NEW YORK. 255 the yeare of our Lord One Thousand Six hundred and Eighty nine are hereby Required to make their severall & Respective Payments unto their Majestyes Collector & Receiver Generall for ye Intent aforesaid and their Majties Collector & Receiver Generall is hereby Authorized & Impowered to Receive the same, and in Default thereof, to sue for & Recover the same in such manner & forme a» is Usuall & Pra.ctica.ble in the Recovery of ail just Debts Due to the: King. And for asmuch as the Représentatives now mett in Generall Assembly are Likewise sencible of the signall Services Done and Acted by Major Richard Ingoldsby & Captn William Kidd before your Excellencyes Arrivall, Therefore pray that itt may be farther Enacted by the Authority aforesaid, that there be Paid out of the Money given your Excellency by Virtue of this Act, unto Major Richard Ingoldsby the Sum of One hundred pounds and to Captn. William Kidd the sume of One hundred & fifty Pounds as a suitable Reward and Acknowledgement for the good services, Done. by them before your Excellencyes Arrivall here. [CHAPTER 13.] [Chapter 13, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 31. Title only is printed in Baskett, p. 8. For note in reference to this act, see Fowler’s Bradford, p. CXVIII.] An Act for the pardoning of such as hâve been active in the late disorders. [Passed May 16, 1691.] The Governor Councill and représentatives convened in generall Assembly takeing into their serious Considérations the many great troubles and disorders that hâve been latelv within this Province & And that by occasion thereof and otherwise many of their Majesties Subjects are fallen in danger of and lie open to great penaltyes and forfeitures. And with ail Consider- ing the Ignorance of many and the dutvfull affections of others of their Majesties Loyall subjects out of an earnest desire to deliver them from the penaltyes and forfeitures aforesaid and to the intent that their offences may not hereafter be brought in Judgement Question or Remembrance to the least Endamagement of them either in their lives Libertves Estâtes or réputations but that they haveing an entire confidence in their Majesties and perfect union among themselves may be encouraged in their duty to their Majesties government and more fully and securely Enjoy the benefitt of it. It is therefore necessary that there be extended unto them A generall and free pardon. That ail their Majesties250 LAWS OF THE COLONY OF NEW YORK. subjects by this Clemencie and Indulgence may be the better Induced hencefortb more Carefully to obser\7e the Lawes and performe their Loyall and due Obedience to their Majesties Be it therefore Enacted by the Governor and Councill And repré- sentatives Convened in generall Assembly and by the Authority of the same that ail and every the said Subjects Inhabiting within this Province their heires Executors and Administrators and every of them shall be and are by the Authoritie of this présent Assembly Acquitted pardoned released and discharged against their Majesties their heirs and successors and every of them of and from ail manner of Treasons fellonies Misprisons of Treason Treasonable or seditious words and libell, Misprisons of ffelony Seditious and Unlawful meetings and of ail oiïences whereby any person may be charged with the penalty and danger of premunire. And also of and from ail riotts routs offences, Contempts Trespasses enteries wrongs deceits misdemeaners forfeitures penaltys paines of death paines Corporall and paines precuniarv; And'generally of and.from ail other things Causes Quarrells suites Judgements and Executions in this présent Act not hereafter Excepted which may be or Can by their Majesties in any ways or by any meanes pardoned before the Nineteenth day of March last past to any of the Subjects aforesaid; And be it further Enacted by the authority aforesaid that this pardon shall be as good and effectuall in Law to every of their Majesties said Subjects in for and' against ail things which be not hereafter in this présent Act Excepted, as the same pardon should hâve been if ail offences Contempts forfeitures Causes matters, suits Quarrells Judgements Executions penaltyes and ail other things not hereafter in this présent Act Excepted had been particularly Singullarly especially and plainely named rehearsed and Speci- fied and alsoe pardoned by express words and names in their kinds natures and Qualities by words and ternis thereunto requisite to hâve been put in and expressed in this présent act of pardon that their said Subjects or any of them the heires Executors or administrators of any of them be not nor shall be sued vexed or unquieted in their bodves goods Châties, Lands or Tenements for any maner of matter Cause Contempt misde- meanor forfeiture trespass offence or any other thing suffered done or Comitted or omitted before the Nineteenth day of March against their Majesties their Crown dignitv prérogative or the Laws or Statutes of their Majesties Realm of England and this Province. But onlv for such matters Causes and offences as be rehearsed mentioned or in some waves touched in the Exceptions of this présent Act Excepted and for none other any statute Law Custoim or Usage heretofore had made or used to the Contrarv in any wayes notwithstanding. And be it further Enacted That ailLAWS OF THE COLONY OF NEW YORK. 257 and every their Majesties subjects may by him or themselves or by his or their Attorney or Attorneys according to the Law^s of England and this Province plead and minister this présent Act of Pardon for his or their discharge of or for anything that is by virtue of this Act pardoned discharged given or granted without any fee or other thing paying to any person or persons for writeing or entering of the Judgements or other cause concerning such Plea writing or entery but onely three shillings to be paid to the officer or Clerk that sliall enter such plea matter for Judge- ment or the partyes discharged in that behalf any Law Custom or usage to the Contrary in any wise notwitlistanding. And be it further Enacted by the Authoritv aforesaid that this pardon by the generall words clauses and sentences before rehearsed shall be reputed, deemed, adjudged expounded allowed and taken in ail maner of Courts of their Majesties most beneficiall and Availeable to ail and singular the said Subjects and to every of them in ail things not in this présent Act excepted without any Ambiguity Questions or other delay wliatsoever to be made pleaded objected or alledged by their Majesties their heires or successors or their or any of their generall Attorney or Attorneys or by any person or persons for their Majesties or an}r of their heires or successors. Excepted and allwayes foreprised out of this generall pardon ail and every the persons hereafter named & expressed Jacob Leisler, Jacob Milbourn, Gerrardus Beekman, Abraham Governeure, Abraham Braisier, Thomas Williams, Minardt Coerten, Johanes Yennillion, Already attained of Treason and murtlier, And NicHôlas Blank, Garrit Duykine, Hendrick Jansen, John Coe, William Lawrence, in East Jerzev, Cornélius Pleuier, William Churchill, Joast Stoll, Samuel States, Jacob Maurize, Robert Leacock, Michael Hanson, Richard Ponton of the County of West-Chester Joseph Smith, and John Baily, Rolouif Swarthwood, Anthony Swarthwood, Johanes Provost, Jacob Mulline, Benjamine Blagg, Johchem States and Richard Pretty. [CHAPTER 14.] [Chapter 14, of Livingston & Smith and Tan Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 30; Baskett, p. & The aet was confirmed by the King, May 11, 1G97 (see Fowler’s Bradford, p. CXXXTI), but was repealed by eh. G03, and indulgence given by that act.] An Act To Ease People that are Scrupulous in Swearing. [Passed, May 18, 1691.] Forasmuch as their are sundry Persons within this Province and Deoendencyes out of a Tender Conscience Refuse to give their 33258 LAWS OF THE COLONY OF NEW YORK. Evidence on Oath in any Matter or thing is Depending in any of the Courts within the sanie Be if therefore Enacted by the Governour Councill and Représentatives now mett in Gen- erall Assembly and by the Authority of the sanie That in such Case the Person or persons soe Refnsing the same shall give in or Deliver their Evidence or Testimony in Manner and Forme following, That is to Say. I: A: B: Doe solemnly promise as in the Presence of God to speak the Truth the Whole Truth and Nothing but the Truth to the Matter or thing in Question. And bee it further Enacted by the Authority aforesaid That if any such Person or Persons soe Refuseing as Aforesaid shall be sumoned to serve upon any Jury in any Court within this Province then such Person or Persons shall make the Ingage- ment following (That is to say) I: A: B: Doe solemnly Promise as in the Presence of God that I will Well and Truly Try the Issue between C: D: Plaintiffe, and F: G: Défendant according to Evidence. And in Case any such Person or Persons soe Called to Evidence or to serve upon any Jury and Declareing as aforesaid shall afterwards be Convicted of Willfull false- hood, That then and in such Case such Person or Persons shall Undergoe the same punishments as in Cases of willfull Per- jury is Appointed and provided. THE FIRST ASSEMBLY, Second Session. (Begun Sept. 11, 1691, 3 Wm. & Mary, Richard Ingoldsby, Com* mander in Chief.) [CHAPTER 15.] [Chapter 15, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 40. Title only is printed in Baskett, p. 12. For note in reference to this act, see Fowler’s Bradford, p. CXX.] An Act for the raising and paying One hundred and fifty men to be forthwith raised for the Defence and reinforcement of Albany for six months. [Passed, September 29, 1691.] Whereas the Frontiers att Albany is in Eminent danger to be lost being daily threatned to be invaded by the French Their Màjesties declared Enemeyes And forasmuch as the safetv of this and ail their Majestyes neighbouring Plantations doth only dépend on having that place well secured and for the Effectuall doing thereof Application hath been made unto the neighbouring Plantations but hath had noe Effect and thereLAWS OF THE COLONY OF NEW YORK. 259 being now an absolute neoessity. for the reinforcing of the Frontiers of this Province in the County of Albany as well for the securing their Majesties neighbouring Plantations as for the preserving the Indians and this Province. Bee it there- fore Enacted By the Commander in Cheife and Council and Représentatives Convened in Generall Assembly and by the anthority of the saine That the Commander in Cheife doe raise one hundred and fifty men with their proper Offieers for the reinforcement of the frontiers of this Province in the County of Albany aforesaid which shall remain in the said County for the Defence thereof six months to Commence on the first day of November next and to end on the first day of May then fol- lowing and for the paying and maintaining the said One hundred and fifty men and their propper Ofiicers Bee it fur- ther Enacted By the Authority aforesaid that a levy of fifteen hundred pounds Currant money of this Province be laid Assessed Raised and levyed upon ail and Every of the Inhab- itants, Residents and freeholders of and in this Province for the paying and maintaining of the said One hundred and fifty men and their propper Offieers for six months as aforesaid and for noe other use intent or purpose whatsoever to be layd assessed raised levyed and payd to their Majestyes Collector and Receiver Generall for the time being at their Majestyes Cus- tom house in the Citty of New Yorke on the twenty fifth day of March next Ensueing which shall be in the year of our Lord One thousand six hundred ninetv two according to the rates and proportions following that is to say. For the Citty of New Yorke three hundred pounds ffor the Citty and County of Albany One hundred thirtv five pounds for the County of Westchester One hundred and five pounds, ffor the County of Richmond ninetv pounds for the County of Ulster and Dutchess County One hundred Eighty seven pounds tenne shillings. For the County of Suffolk two hundred and sixty two pounds tenne shillings, for Kings County One hundred ninetv five pounds For Queens County One hundred ninetv five pounds For the County of Orange Eleven pounds five shillings And ffor Dukes County Eighteene pounds fifteene shillings and Bee it further Enacted by the authority aforesaid That for the better assess- ing raising and paying the sume of One thousand five hundred pounds aforesaid the Mayor and Aldermen within the Citty of New Yorke the Mayor and Aldermen within the Citty of Albany with the Justices of the peace for the Citty and County of Albany for the time being And the Justices of the peace for the time being for the severall and respective Countyes aforesaid for the severall Countyes respectively for the which2G0 LAWS OF THE COLON Y OF NEW YORK. tkey skall be Justices of tlie peace Doe witkin fourty dayes after tlie Publication tkereof Assemble and meet togetker in tbe Court bouses for tke severall and respective Cittyes and Countyes or suck otker place or places as tkey skall agréé upon a.mongst tkemselves. And skall tliere Order tliat tke Assessors and Collectors for tke severall Cittyes Townes Man- nors and Libertyes witkin tkeir severall Jurisdiction for tke Assessing Collecting and receiving of tke publick rates for tke Defraying tke publick and necessarv Charge of eack respective Citty and County aforesaid Be tke Assessors and Collectors for tke Assessing and Collecting and receiving tke Sume or sûmes of money lierein before mentioned according to tke pro- portions before Expressed as to tlie said Mayors and Alder- men and Justices sliall seeme meete and reasonable and for- asmuck as tliere are severall Mannours and Jurisdictions witkin tke respective Countyes aforesaid who neglect and doe not elect annuallv or once a year Assessors and Collectors wkereby tke intent of tkis Act may be frustrated Bee it therefore Enacted By tke authority aforesaid Tkat if tke respective Mannours and Jurisdictions witkin tlie severall Countyes afore- said skall refuse or neglect to Elect Assessors and Collectors for tke Assessing of tke respective Mannours and Jurisdictions and for tke Collecting of tke saine according to tke intent and direction of tkis Act tlien and in sucli case tke Justices of tke peace of tke Countyes wliere suck Mannours or Juris- dictions are, are hereby impowered and authorized to nomi- nate and appoint Assessors and Collectors for sucli Mannours and Jurisdictions as skall neglect or refuise as aforesaid wkick Assessors and Collectors skall to ail intents and purposes observe tke directions of tliis Act anything Contained herein to tke Contrary liereof in any waves notwithstanding. And Bee it further Enacted By tke Authority aforesaid that tke said Mayors Aldermen, Justices of tke peace for tke respective Cittyes and Countyes Mannours and Jurisdictions hâve and shall hâve power and authority by virtue of tkis Act eack of tlieni by liimself to Adniinister an Oath to tke said Assessours well, truely equally and impartially in due proportion as it sliall appear to tkem according to tlieir best understanding to Assesse and rate tke Inkabitants residentsand Freekoldors of tke respective places for wkicli tkey skaB be Ckosen Assessors And Bee it further Enacted By tke Authority aforesaid Tkat if any person or persons wlio skall be Cliosen Assessors or Collectors skall deny neglect or unequally and partiallv Assesse or refuse to make suck Assessment as by tkis Act is required or skall deny neglect or refuse to Collect any sume or sûmes ofLAWS OF THE COLONY OF NEW YORK. 261 money in forme before mentioned, assessed That tken and in such Case it skall and may be Lawfull for any two of tlieir Màjesties Justices of tlie peace of tke Cittyes and Countyes wkere sucli Offenders sliall liappen to dwell or résidé and who by virtue of tliis Act are required and impowered to doe the same by warrant under tlieir liand and seals to Committ such Assessor or Assessors Collector or Collectors soe denying neglecting or unequally and partially assessing or refusing to Collect as afore- said to tlie Common Goale tkere to remaine without Bayle or inainprize till he or tliey shall make fine and ransome to tlieir Màjesties for sucli Contempt as aforesaid And Bee it furtker Enacted By tlie Autliority aforesaid That if any person or persons of what degree or quality soever he or tliey be within the Province who shall be assessed or rated any sume or sûmes of money by virtue of this Act to be raised and levved shall deny refuise or delav to pay and satisfy the same tliat then it shall and may be lawfull for any such Collector by virtue of a warrant under the hand and seal of any Justice of the peace for the Citty and County wliere such Oitenders shall dwell or résidé who by virtue of this Act are required and authorized to grant and issue forth such warrant to levy the same by distresse and Sale of such person or persons goods and Chattells returning the overplus (if any be) to the Owners the sume assessed and Charges of distresse and sale being first deducted And alsoe Bee it furtker Enacted By the autliority aforesaid that if any Mayor Aldemien or Justices of the peace within this province who are hereby required Impowered and authorized to take Effectuait Care tliat this Act and Every article and Clause therein be duelv Executed according to the true genuine sence and Intent thereof shall deny refuse neglect or delay to doe performe fullfill and Exécuté ail and Every or any the dutyes powers and authorityes by this Act required and impowered by liim or them to be done v performed fulfilled and Executed and shall thereof be lawfully convicted before any of tlieir Màjesties Courts of Record within this Province he or tliey shall suffer such paine by fine imprison- ment as by the discrétion of the Justices of the said Courts shall be adjudged And Bee it furtker Enacted By the autliority afore- said that if any Action Bill plaint or Information shall be brought moved or presented at any time hereafter against any person or persons for any matter cause or thing done or acted in pursuance and execution of this Act Such person or persons soe sued or prosecuted in any Court wliatsoever shall and may plead the generall issue not guilty and give this Act and the speciall matter in Evidence and if tlie Plaintiffe or Proseeutor shall be nonsuited or forbear further prosecution or suffer discontinuance262 LAWS OF THE COLONY OF NEW YOKK or verdict to passe against him the Défendant and Defenders shall recover trible costs for wkich they shall hâve like liberty as in case where costs by the law are given to Défendants, Pro- vided alwayes That noe May or Alderman or Justice of the peaee shall be troubled sued prosecuted or molested for any Omission Offence or neglect by virtue of this Act but within the space of one year after such Omission Offence or Neglect and not at any time thereafter any thing herein Contained to the Contrary hereof in any wayes notwithstanding. Alwayes Provided and Bee it further Enacted By the authority aforesaid That the severall Collectors of each respective Citty and Countv as afore- said shall hâve liberty to pay the severall and respective sûmes assessed as aforesaid at the day aforementioned in Current silver money or for want thereof in good sufficient and merchantable provisions at the Currant market price in silver money at New Yorke any thing Contained herein to the Contrary hereof in any wayes notwithstanding. [CHAPTEBr 16.] [Chapter 16, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 34. Title only is printed in Baskett, p. 12. The act was repealed by ch. 65. For note in reference to the act, see Fowler’s Bradford, p. CXVIII.] An act for regulating the Damages done in the time of the late disorders and for the uniting of the minds of their Majestyes Sub- jects that hâve lately absented themselves from their habitations and the usuall places of their abode. t [Passed, September 30, 1691.] Forasmuch as many of their Majestyes Subjects hâve lately absented themselves from the usuall places of their abode and others through Causeless fea.rs hâve also withdrawn themselves out of this Province by which means Trade is lessened the Strength of the Province weakened and their familyes injured and Whereas it is highly necessary at this juncture being a time of w7arr and great danger that the minds of the Subjects of this Province should be heartily united. And forasmuch as in the time of the late disorders when Jacob Leisler lately attainted and Executed had usurped a power and pretended Government over their Majestys Subjects within this Province many hurts injurys wrongs and Damages were done unto their Majestyes good and faithfull Subjects by those that were aiding and assisting to him in his usurped power and Government as aforesaid And it being likewise necessary That ail theirLAWS OF THE COLONY OF NEW YORK. 263 Majestyes Subjects as aforesaid Should bave Some just and reasonable Satisfaction frorn tliose that bave soe injured tbem And tbat it is apparent tbat rnany tbro’ ignorance and fear bave bin led aside to doe tbe hurts and haims as aforesaid and if sucb be proseeuted by tbe Comon Processe of tbe Law may tend to tbe utter ruine of tbem and tbeir fainileys and noe way recompence tbe in jury es done and tbose tbat are most able to Satisfy tbe Damages and bave- bin rnost active in projecting tbe same Escape free and for as mucb as tbe Generall peace and security of tbeir Majestyes Government over tbis Province cannot be firrner Establisbed tben tbat ail tbose tbat bave soe absented tbemselves returne again unto tbeir respective abodes and habitations and tbat ail tbeir good Subjects beartily unité in tbe Comon Defence of tbe Same against ail Enemyes wbatsoever And for effectuait doing tbereof and tbat a just and équitable Satisfaction may be rnade to tbe persons injured by tbose tbat bave bin active as aforesaid in sucb equall and just proportions as tbe Circumstance of tbe fact will admitt Bee it tberefore Enacted By tbe Commander in Cbeife and Council and tbe Représentatives convened in Generall Assembly and By tbe autbority of tbe same, Tbat in Eacb of tbe respective Cittys and Countys bereafternamed and Expressed tber Sball be Constituted and Commiconated under Tbeir Majestyes seal of tbis Province five Commissioners who are bereby impowered and autborized at sucb Certaine dayes and places as tbey sball conveniently appoint to meet and Assemble together and at sucb their Assemblyes and meet- ings to reçoive in writeing tbe Claims and Demands of sucb of tbeir Majestyes Subjects tbat bave been burt or bave received damage in their Estâtes by tbe force and Violence of any person or persons imployed or pretended to be imployed by Jacob Leis- ler lately attainted and Executed or any under or officiated with him and after tbey bave received Sucb Claims and demands as aforesaid tbey are tben to cause the Constable of tbe respective Towns where the persons Complained against doe résidé or any otber person tbe said Commiconers sball think fitt to appoint to summons the partyes Complained against to make their personall appearance before tbem at a certaine day of which tbe Com- plainants sball bave notice and be likewise présent and upon tbeir appearance strictly to Examine and to inquire into the matter of fact and Damages alledged and upon Denvall of the fact to summons and call before tbem such person or persons that knoweth anytbing of the fact or damage alledged or can give evidence tbereof and the said Commissioners are bereby impowered and autborized to Administer an oatb or Oatbs unto264 LAWS OF THE COLONY OF XEW YORK. such person and persons that shall be soe summoned before them that the trutli may tlie better be discovered and upon their liear- ing and Examineing of tlie partyes and inquiring into tlie matter of fa,et and Damage as aforesaid they are liereby fartlier impowered and authorized to assess tlie Damages in trutli and equity as it sliall appear nnto tliem and not otlierwise and such their assessments of the Damages sliall be laid on the offenders in such just and equal proportions as to them shall seem rneet in equity and good Conscience and after such tlieir Assessment and Taxation as aforesaid shall order and decree the offenders or Défendants to pay the sume soe Assessed and Taxed in manner aforesaid unto the Complainants or give suiïïcient security that they shall pay the sanie at a reasonable day after this their Decree and Détermination ail which assessments Taxation Decreed and Déterminations doue and made in manner and forme as aforesaid shall be good and Effectuall in the law and a good and sufîicient discharge unto the Defenders forever according to the true intent and meaning hereof any tliing contained herein or in any other law to the Contrary hereof in any waves notwith- standing alwayes provided and Bee it further Enacted By the authority aforesaid That ail persons That hâve been harrned injnred and Damaged in manner aforesaid and are at the Pub- lication hereof witliin this Province shall bring in their Claims and Demands unto such place or places as shall be appointed by the Commiconers in the respective Cittyes and Countyes liere- after named within fourtv dayes otlierwise they shall forever be barred their Claime and upon any future proseention the Défendants may plead the Generall Issue and give this Act and the speciall matter in Evidence and if the Plaintiff shall become nonsuite or forbear further prosecution or suffer discontinuance or if a verdict passe against him the said Défendant shall recover his double Costs for which he Shall hâve the like remedy as in Case where Costs by Law are given to Défendants And ail Person or Persons That are out of the Province at the Publication hereof and liave been wronged and injured in manner aforesaid shall within one year after the Publication hereof give in their Demands and Claims as aforesaid otherwise shall be forever barred their Claime and be under the Restriction of this Law to ail intents and purposes as aforesaid. alwayes provided and Bee it further Enacted By the authority aforesaid That if any person or persons That liave offended in manner aforesaid and hâve been personally summoned or had a, summonsleft in writeingat their habitations or usuall places of their abode and doth not appear to make their Defence or sliow some lawfull Cause why they could not appear shall be Deemed and Esteemed Defaulters and Sentence and Decree shall passe upon them on DefaultLAWS OF THE COLONY OF NEW YORK. 2C5 accordingly and Execution issue thereupon as aforesaid and Bee it furtker Enacted By the authority aforesaid Tliat tke Oommiconers kereafter named for tke putting tkis Aet in Execution skall be Conrmiconated under tke seal of tkis Province and tkere is kereby nominated constituted and appointed for tke Execution of tkis Act and tke Clauses tkerein Contained for tke City and County of New Yorke Captaine Jacobus Yan Cort- land Peter Jacobs Marius, Lawrence Reed, Tkomas Codrington, and Adolpk Phillips Esqrs or any tkree of tkem wkereof Cap- taine Jacobus Yan Cortland is to> be One And for tke City and County of Albany Peter Sckuyler Martin Gerrits, Albert Ryckman, Hendrick Ranslaer, and Gerrit Ryersen Esqrs, or any tkree of tkem wkereof Peter Sckuyler is to be one And for tke County of Ulster Tkomas Garton, Matthias Tenyed, Wil- liam Legg, William Haynes Wessell Tenbrock Esqrs or any tkree of tliem wkereof Tkomas Garton is to be One And for tke County of Richmond Elias Duxburv, Dennis Tennissen, Andrew Cannon, Abraham Lakeman, and John Skadwell Esqrs or any tkree of tkem wkereof Elias Duxburv is to be One And for tke County of Westcliester Jolm Palmer, John Hunt, John Drake, Joseph Tlieale, & Jonathan Heart Esqrs or any three of tkem wkereof John Palmer is to be One, and for Kings County Jacquis Cortillian, John Tennissen Nickolas Still- well Lac-us Stevenson, Joseph Hegaman, Esqrs or any tkree of tkem wkereof Jacquis Cortillian is to be one, And for Queens County John Roberson, Nathaniel Pierson, James Cléments, William Hallitt junior Jonathan Smitk Esqrs or any tkree of them wkereof Jolm Roberson is to be One Provided al waves Tliat in Case of Deatli it skall be in tlie power of the Com- mander in Cliiefe and Couneill to nominate and appoint otkers Commiconers instead of the Commiconers Deceased wkicli said Commiconers so as aforesaid nominated and appointed or in case of Deatk to be nominated and appointed skall in tke respective Cittyes and Countyes respectively nieet together and Exécuté and performe tke severall powers authorityes and directions in anv by tkis said Act given and appointed and for their true and faithfull Execution thereof tkey shall att tke tîme tkey reçoive their Commicon také tkis following Oath Yizt: uYou shall swear that you to your cunning witt and power shall truely and indifferently Exécuté the powers and authorityes given you by tkis Commicon and Act of Assembly without any favour affection, corruption dread or Malice to be borne to any manner of person or persons and as the Case skall require ye skall consent and endeavour yourselfe for your part to the best of your knowledge to the assessing and Taxing 84LAWS OF THE CÜLONY OF NEW YORK. 366 the Damage of such Claims and suites ihat shall be brought before you according to truth, Equity and the Evidence given you and in such due and equall proportions as in good con- science shall seeme meet unto you and the same powers and authorityes to your cunning witt and power Cause to be putt in due Éxecution without faveur Dread Malice or affeetion So help you Grod. Alwayes provided and be it hereby further Enacted by the Authority aforesaid That in Cases of Erreur any person or persons shall hâve liberty te make his or their appea.1 unto the Governour and Council provided the value appealed for Exceed the sume of One hundred pounds and that security be first given by the appellant to answer such Charges as shall be awarded in Case the first sentence or Decree be alfirmed And in regard sonie persons hâve commenoed, and prosecuted and threaten to Commence and Prosecute, Actions and suites against such of their Majesties Subjects for and by reason of their Actings and doings as aforesaid therefore for the pre- venting the trouble and Charges which the said subjects might be put to by the means of such suites Bee it further Enacted By the Authority aforesaid that ail personall Actions Suites molestations and Prosecutions whatsoever and Judgements and Executions had therein if any for or by reason of any of the promises be and are hereby discharged and made void and if any Action or suite hereby declared and intended to be dis- charged Shall be Commenced and prosecuted in any other Court or after any other manner than what is Declared and appointed by this Act then every person so sued may plead the Greneral Issue and give this Act and the Speciall matter in Evidence and if the Plaintiffe Shall becorne nonsuited or forbear further Prosecution or suffer discontinuance or if A verdict passe against him the said Défendant shall recover his double Costs for which he shall hâve the like remedy as in Case where costs by Law are given to Défendants And since it is the Grenerall peace of this Government and the good ease and benefite of ail their Majesties Subjects inhabiting within the same that it is only intended by this Act Bee it therefore Enacted By the authority aforesaid That ail Judges and Justices of their Majesties Courts of Records and ail Mayors and Aldermen of the respective Cittyes and ail Sherriffes Clerks and other Officers within this Province do take notice of the said Act and see the same truly Executed according to the powers authorityes and Clauses therein Contained, any thing contained herein or in any other law to the contrary hereof in any wayes notwûthstanding And that ail their Majestves Subjects concerned in the premises and who for those causes hâve absented themselves from the usuall places of their abode or hâveLAWS OF THE COLONY OF NEW YORK. 267 withdrawn themselves out of this Province may hâve ail their Causeless fears removed and fully enjoy ail the benefitts privi- ledges and advantages intended them by this act Be it therefore further Enacted By the Authority aforesaid That ail and Every of such persons Concerned in the premises Doe within fourty Bayes after the publication hereof returne and repair to their respective habitations or places of their abode within this Province and there use Exercise and follow their respective occupations as Accustomed where they shall remaine without any other lett or molestations than what is required by this Act and fïreely possesse and Enjoy ail the benefitts and protections of their Majesties Laws of England and this Province, alwayes provided and Bee it further Enacted by the authority aforesaid That if any person or persons concerned in the promises as aforesaid shall neglect to returne and repayr to their respective habitations or places of their abode in this Province within the time Limitted and expressed (Except ail such as shall be at the publication hereof beyond the Seas then and in such Case ail such person and persons shall be Deerned and Esteemed Contemners of their Majestyes Authority and Government over this Province and lose ail the benefitts and advantages intended them by this Act And ail and every of their respective Estâtes both reall and personall shall be lvable and Extendèd to make Satisfaction to ail such Suits and Demands as shall be ruade in due forme of the Law against them any thing Contained herein to the contrary hereof in any wfise notwithstanding. [CHAPTER 17.] Chapter 17, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Fowler’s Bradford, p. 39; Baskett, p. 11. The act was confirmed by the King, May 20, 1708. (See Fowler’s Bradford, p. CXXXVII.) See chapter 1534, by which the county of Albany is divided into three counties. See chapter 1376, which is an act to ascertain part of the boundaries of Westchester, Orange and Queens counties. See chapter 333, by which a part of the manor of Livingston is annexed to the county of Albany. For note in reference to this act, see Fowler’s Bradford, p. CXVIII.] An Act to Divide this Province and Dependencies into Shires and Counties. [Passed, October 1, 1691.] jJFORASMTJCH as mistakes may arise about the limitts and bounds of the respective Countyes within this Province, for Prévention whereof, BEE IT ENACTED By the Commander in Cheife and Council and Représentatives and by the authority of the saine that the said Province be Divided into twelve Countyes268 LAWS OF THE COLONY OF NEW YOEK. as followeth^ The Citty and County of New Yorke to containe ail tke Island coanonly called Manhattans Island Mannings Island the two Barne Islands and the three Oyster Islands Manhattans Island to be called the City of New Yorke and the rest of the Islands the County, The County of Westchester to containe East and Westchester Bronks Land Fordham Mannour of Pelham Miniford Island Eichbells Neck and ail the land on the Maine to the Eastward of Manhattans Island as far as tlie Government at présent Extends and the Yonckers Land And Northwards along Hudsons Biver as far as the HighLand. The County of Ulster to Containe the Townes of Kingstone Hurley and Marble Towne Foxhall and the new pallz, and ail villages neiglibourkoods and Christian Habitations on the west side of Hudsons Biver from the murderers Creek neer the high- lands to the Sawyers Creeke, The County of Albany the Manour of Benslaerswyck, Sehenectady and ail the villages neighbour- hoods and Christian planta cons on the East side of Hudson’s Biver from Boeloffe Jansens Creeke and on the west side ; from Sawyers Creeke to the outmost end of Saraghtooga. The Dutcliesse County to be from the bounds of the County of Westchster, on the Southside of the higli land along the East Side of Hudsons Biver as far as Boeloffe Jansens Creek and East- ward into the woods twelve Miles. The County of Orange to beginn from the limitts or bounds of East and West-Jersey on the West side of Hudsons Biver along the said Biver to the murderers Creeke or bounds of the County of Lister and west- ward into the woods as far as Delaware Biver, The County of Bichmond to Containe ail Staten Island Shutter’s Island and the Islands of Meadow on the west side thereof, Ivings County to Containe the severall Townes of Boswyck Bedford Breucklin Flatbusli Flatlands New Ltricht and Gravesend with the Severall Settlements and Plantations Adjacent, Queens County to Con- taine the Severall Townes of Newtown Jamaica Flushing Hemstead and Oysterbay with horse neck the Severall out farms Neeks Settlements and Plantations adjacent and the Islands Called the two brotlier’s and Huletts Island. The County of Suffolke to containe the Several Townes of Huntington Smithfield, Brookhaven Southampton Southold East- hampton to Mantank Point Shelter Island, the Isle of Wight Fisliers Island and Plum Island with the Severall Outfarmes Settlements and Plantations adjacent, Dukes County to Con- tain the Islands of Nantucket Martins Vineyard Elizabeth Island and No Mans Land. The county of Cornwall to Containe Pemaquid and ail the Territoryes in Chose parts with the Islands adjacentLAWS OF THE COLOXY OF XEW YORK. 269 [CHARTER 18.] [Chapter 18, of Livingston & Smith and Van Scliaack, where the act is printed in full. Printed in full in FowleFs Bradford, p. 43; Baskett, p. 9. For note in reference to tliis act, see FowleFs Bradford, p. CXX. Tliis act was conürmed by the King, May 11, 1G97. (See Fowler’s Brad- ford, p. CXXXVL)] An Act for Regulating the Buildings Streets Lanes Wharfs Docks and Alleyes of thie Citty of Xew Yorke. [Passed, October 1, 1G91.] FORASMUCH as the Citty of Xew-Yorke the Metropolis of this Province was Cheifly Erected by the Inhabitants thereof for the propagating and Encouragement of Trade and Commerce and for the good benefite and welfare of their Majesties Sub- jects inhabiting within this province AXD FORASMUCH as it is verv necessary for Traffick and Commerce that buildings streets lanes wharfs docks and alleyes of the said Citty be c-onveniently regulated with unifonnity for the accomodation of habitations shipping Trade and Commerce. And tliat ail impediments and Obstructions that may retard so necssary a work may be removed BEE IT THEREFORE EXACTED By the Commander in Clieif and Council and Représentatives mett in Generall Assembly and by the authority of the saine That the Mayor Aldermen and Common Council of the said Citty shall and may at their wiil and pleasure Elect nominate and appoint one or more disereet and intelligent person or persons to be the surreyors or supervisors of their buildings streets lanes Wharfs docks and Alleys cf the said Citty and to see that the buildings streets lanes Wharfs Docks and Alleyes of the said City be conveniently regulated with unifonnity for the Accom- odation of habitations shipping, Trade and Commerce aceording to such rules and Orders of Building and laying ont of streets lanes wharfs Docks and Alleys, as shall be Establislied by the Mayor Aldermen and Common Council of the said Citty who are herebv authorized and impowered to make such rules and orders for the better régulation unifonnity and gracefulnesse of such new buildings as shall be Erected for habitations and also for such streets lanes Wharfs docks and Alleys as shall be found Convenient for the good of the Inhabitants And it shall be lawfull for the Mayor Aldermen and Common Coun.cil or for the Mayor and Aldermen in their Court to Administer an Oath upon the holy Evangelists unto the Surveyors or super-270 LAWS OF THE COLONY OF NEW YORK. visors for the true and impartial Execution of their Office in that behalfe And wliereas in the laying out of the new Lots for buildings some Contraversy may arise by a lott or lot or lotts of ground which if built upon would be very incom- modions and prejudiciall to one of the principal streets of tliis Citty and hurtfull to the trade and health of the Inhabitants BE IT THEREFORE ENACTED by the Autliority aforesaid That the Mayor Aldermen and Comon Council of the said Citty for the tirne being in Comon Council assembled shall and may and are hereby impowered and required to obstruct any build- ing or buildings that may narrow the said Street or any other Street within the said Citty And the said Mayor, Aldermen and Comon Council shall and may by virtue of this présent Act Continue the said Street commonly called the Broad Street, according to its présent dimensions and if in the doing thereof or in the laying out for the future any streets lanes Wharfs docks Alleys &c. they doe take any persons Grounds they are to give notice to the Owners or partyes interested in the ground to be so taken for the intent as aforesaid And to the end that reasonable satisfaction may be giron for ail such ground as shall be taken and imployed for the uses aforesaid the Com- mander in Cheife and Council may assesse the value of the lotis now in C-ontroversy and for other ground the Mayor Aldermen and Comon Council shall and may treat and agréé with the Owners and others interested therein and if there shall be any persons that shall refuse to Treat in manner afore- said that in such case the Mayor and Aldermen in their Court are hereby authorized by virtue of this Act to issue out a warrant or warrants to the Sheriffe of the said City who is here by required to impannel and returne a jury before the said Court of Mayor and Aldermen which Jury upon their Oaths to be administred by the said Court are to inquire and Assess such Damages and recompence as they shall judge fit to be awarded to the owners and others interested according* to their severall and respective Interests and Estâtes Of any such ground or any part thereof for their respective interests and Estâtes in the same as by the said Mayor Aldermen and Comon Council shall be adjudged fitt to be converted to the purposes aforesaid and such verdict of the Jury and Judgement of the said Court of Mayor and Aldermen thereupon and the payment of the sume and sûmes of money so awarded or adjudged to the owners and others having Estate or interest or Tender or refusall thereof shall be binding to ail intents and purposes against the said partyes their heirs Executors Administrais and Assignes and otheraLAWS OF THE COLON Y OF NEW YORK. 2U Clainüng any Title or interest to the said ground and shall be a full authority to the said Mayor Aldermen and Comon Council to cause the said ground to be Converted and used for the pur- poses aforesaid anytliing contained herein or in any other law to the contrary hereof in any wayes notwithstanding, AND FOR- ASMUCH as the filth and Soile of this said Citty lying in the publick streets thereof doth often prove A Comon nuisance unto the Inhabitants and Traders to1 and from the said Citty and very prejudiciall to their health for the removall thereof Bee it further Enacted by the authority aforesaid that the Numbers and places for ail Comon Shoars Drains and vaults and the order and manner of paving and pitching the streets lanes and alleys of the said Citty shall be designed and sett out by the Mayor Aldermen and Comon Councill of the said Citty, together with the said surveyors and Supervisors appointed in manner aforesaid and when tliey Assemble shall hâve power and authority to order and direct the making of Yaults drains and Sewers or to eut into an}7 drains or Sewers already made and for the altering inlarging amending cleansing and scouring of an}7 vaults Sincks or comon Sewers and for the better Effecting whereof it shall and may be lawfull to and for the said Mayor Aldermen and Comon Council together with the said Surveyors and supervisors at their said meeting to impose any reasonable Tax upon ail houses within the said Citty in proportion to the benefite they shall receive thereby for and towards the making cutting altering inlarging amending cleansing and scouring ail and singular the said Vaults drains Sewers pavements and pitching aforesaid, and in default of pay- aient of the said sume to be Charged it shall and may be lawfull to and for the said Mayor and Aldermen &c so authorized as aforesaid by order or warrant under their Hands and seals to levy the said sume and sûmes of money soe assessed by distresse and sale of the goods of the partyes chargeable therewith and refuising and neglecting to pay the same rendring the Overplus if any be, ALWAYES FROVIDED AND BE IT FURTHER ENACTED by the Authority aforesaid that nothing herein Con- tained shall be Construed to Change alter shorten lengthen narrow or enlarge any of the streets alleys and lanes within this Citty as they are now laid out and remaine at the Publication hereof nor to break through any person’s ground now in fence or enclosed or to take away any Person’s houses or habitations any thing herein Contained to the Contrary hereof in any wise notwithstanding.272 LAWS OF THE COLONY OF NEW YORK. THE FIRST ASSEMBLY. Third Session. (Begun Apr. 20, 1792, 1 Win, & Mary, Richard Ingoldsby, Commander in Chief.) [CHAPTER 19.] [Chapter 19, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 52. Title only is printed in Baskett, p. 12. Repealed by chapter-113.] An Act for Destroying of Wolves. [Passed, April 29, 1692.] Bee it Enacted by the Comander in Clieife and Councill and Représentatives convened in generall Asseanbly and by tbe authority of tbe same tbat for tbe Destroying of wolves wbo bave lately encreased very much ta tbe great discouragement of pasturage and encrease of Sbeepe and cattle tbat wbatsoever Christian sliall kill a growne wolfe upon Long Island or staten Island lie sliall bave for eack wolfe tbat sball be killed twenty shillings to be paid ont of tbe publick Treasury of eacb respective County where tbe wolfe sball be killed and For a wolfe whelpe above halfe a yeare old tbere sball be paid as aforesed tenn shillings and wbatsoever Indian sliall in like manner kill any. wolfe sball bave for bis reward one match coate or twelve shillings and For a wolfe wkelpeîFive shillings to be paid bim as aforesaid and if an}7 otber eount}7 in tbe province bave a mind to encourage tbe destroying of wolves they sball doe it in such maner and way as to them sball Seeme meet and tbe Justices of tbe peace and otber officers of tbe respective Countys aforesaid sliall take Eiîectuall care to see tbis act & every Clause tkerein duely Executed accordingly. [CHAPTER 20.] [Chapter 20, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 46. Title only is printed in Baskett, p. 12. For note in reference to this act, see Fowler’s Bradford, p. CXXII.] An Act for tbe Raising of two bundred jnen with their Proper Officers for tbe secure- ing and reinforceing of Albany In tbe Frontiers of this Province. [Passed, April 29, 1692.] Whereas the forces lately raised for tbe Reinforceing and Se- cureing tbe Frontiers at Albany are not to* continue in tbatLAWS OF THE COLONY OF NEW YORK. 273 Service any longer than the first day of may next enusemg and forasnmch tliat it is Still absolutely Xecessary for tlie Safety of ail their Majestys Xeiglibouring Collonys and Planta- tions as well as for the Security of this province that there be and romaine att that place sufîicient force for the Defence thereof and wliereas the Présent State and condition of this Province is sucli that they are not able at this time to make Sufticient Provision of nien and money for the Reinforceing of that Place as is truely necessary for tlie maintaining so con- sidérable a Post which is the ohly Bullwarke of Defence for ail their Majestys Xeiglibouring Collonys and Plantations in this main of America yet that the said place may not be deserted nor the Indians wlio hâve been so constant to us discouraged Be it Therefore Enacted by the Comander in Cheife and Councill and Représentatives Convened in Generall Assembly and by the Autliority of the saine that ye Commander in cheife doe Issue ont liis warrants to Cheife Military Officer in the Respective Cittys and Countyes undernamed for the raiseing two hundred men ariiied as the law Directs with their Proper Officer s in such Proportion hereafter mentioned to consist and make two Distinct Companys of Fuzileers for the reinforcement and secur- ity of the ffrontiers of this Province in the County of Albany aforesaid wliieh shall Continue and remain in the said County of Albany for the Security and Defence thereof for the time and Space of five months to commence on the first day of may next and to end and terminale on the first Day of October then following And fartlier Be it Enacted By the Autliority aforesaid that if any Persons or Persons who in pursuance of such warrant or warrants to be by the commander in Cheife Issued ont to the Cheife Military Officer of each Respective Citty and County and County s as aforesaid shall be warned to apeare In armes in order to the Raiseing of two hundred men aforesaid Shall Xeglect Delay or Refuse to Apear or otherwise absent liim or themselves from the place or places they shall Respeetively be Summoned and warned as aforesaid to apear at, the person or persons so Xeglecting Delaying or refuse- ing to appear or otherwise Absenting liim or themselves shall forfeite the Sume of five pounds currant money to be levied by Distress by A warrant under the hand and seale of any Justice of the Peace witliin this Province on the goods and Chattles of Everv such Person or Persons so Offending as afore- said upon A Certificate of Such Default from tlie Captaine or cheife Officer of such Company in or to which the said Ofïender shall be Listed or Belong under his hand and Seal which said 35274 LAWS OF THE COLONY OF NEW YORK. sume of five pounds shall Be Eraployed for tke encouragement and raiseing tke Quota of men by tkis Act in eack respective Citty & County or Countys to be raised as aforesaid and in case such Person or Fersons so Offending as aforesaid skall not kave goods and ekattles to be found to pay and satisfie tke sume of five pounds aforesaid Suck Person or Persons upon suck certificate and by suck Warrt as aforesaid Skall be < omited to tke Common Goale of tke saine County or Citty & Oountyes tkere to remaine witkout Baile or Mainprize for tke space & Terme of five months or untill ke or tkey skall pay and Satisfie tke Sume of five pounds aforesaid and for tke paying and maintaining tke said two kundred men and tkeir proper Officers Be it Furtker Enacted by tke Autkority aforesaid tkat A levy of one tkousand five kundred pounds Currant money of tkis Province Be laid Assessed Raised and Levied upon ail and every of tke Inkabitants Residents and Freekolders of and in tkis Province for tke Paying and maintaining of tke said two kundred men and tkeir proper Officers for five montks as aforesaid and for no otlier use intent or Purpose Wkatsoever to be layed assessed Raised and levyed and paid to their Majesties Collector and Receiver Oenerall for tiie time being at their Majestés Custome kouse in tke Citty of New Yorke on tke first day of September next ensueing wliich is in tkis Instant year of our Lord one tkousand Six kundred ninety and two accordingto tke Rates and Proportions ffollowing tkat is to say, for tke Citty and County of New York three hundred fourty five pounds for tke paying and maintaining fourty six men being tkeir Quota and proportion of tke two kundred men aforesaid for the County of Westchester one kundred twenty seaven pounds ten Shillings for tke paying and maintaining seaventeen men being tkeir Quota & Proportion as aforesaid For tke county of Richmond Sixty Seaven pounds tenn Shillings for tke paying & maintaining nin> men being their Quota and Proportion as aforesaid For tke County of Ulster and Dutchess County two kundred and ten pounds for tke pay- ing and maintaining twenty eigkt men being tkeir Quota and Proportion as aforesaid for tke County of Suffolk tkree kundied pounds for the paying and maintaining fourty men being tkeir Quota and Proportion as aforesaid For Kings County two kundred and ten pounds for tke paying and maintaining twenty eigkt men being their Quota and Proportion as aforesaid For Queens County two hundred twenty five pounds for the paying and maintaining tkirty men being their Quota and Proportion as aforesaid for Orange County fifteen pounds for the paying and maintaining two men being tkeir Quota and proportion as aforesaid And Also Be it Enacted by tkeLAWS OP THS COLONYOF NEW YORK/ ~ 275 autliority aforesaid that Such Sume or Sûmes of money of tlie Severall Sûmes of two tliousand and fifteen hundred pounds Lately Raised By Act of Generall Assembly for the paying and Defraying the Charge of two- hundred and fifty fusileers with their Officers raised for the Security and Defence of Albany which Doth and shall Remain undisposed of and not imployed for tlie Uses aforesaid Shall be laid out and Applyed towards ye Defray- ing the incidentall Charges & Expence which Shall or may happen to be Occasioned by the raising Transporting and main- taining of the two hundred Fusiliers with their Proper Officers Before in this Act mentioned and Expressed And Bee it Further Enacted by the Autliority aforesaid That for the better Assess- ing Raiseing and Paying the Sume of One thousand fixe hundred pounds aforesaid the Mayer and Aldermen Within the Citty of New York For the time being and the justices of the peace for the tiime being for the Severall and Respective Countvs aforesaid for the Severall Countvs Respectively for which they shall Bee justices of the peace Doe within fourty Days after the publica- tion hereof Assemble and meet together in the Court houses for the Severall Respective Cittys and Countvs or such other place or places as they shall agréé upon amongst themselves and shall there Order that the Assessors and Collectors. for the Severall and Respective Cittys Towmes Mannors and Libertyes within their Severall Jurisdictions for the Assessing Collecting and Receiveing of the Publick Riates for Defraying the Publick and necessarv Charge of each Respective Citty and County aforesaid by the Assessors and Collectors for the Assessing and Collecting and Receiveing of the Sume or Sûmes of Money herein before mentioned according to the Proportions before Expressed as to the said Mayor and Aldermen & Justices Shall Seem meet and Reasonable and forasmuch as there are severall mannors and Jurisdictions, Within tlie Respective Countvs aforesaid who neglect and Do not Elect Annually or once A Yeare Assessors and collectors whereby the Intent of this act may be frustrated Bee it Therefore Enacted By the Authority aforesaid that if the Respective mannors and Jurisdictions within the Severall Countys aforesaid shall Refuse or neglect to Elect Assessors and Collectors for the Assessing of their Respective Mannors and Jurisdictions and for the Collecting the Same According to the Intent and Directions- of this act then id in such case the Justices of the Peace of the Cou itys where Such Mannors or Jurisdictions are, are hereby Iiupowered and Authorized to nominate and Appoint Assessors ' and Collectors for such Mannors and Tarislieîions as shall Neglect and Refuse as aforesaid, Which assessors and276 LAWS OF THE COLONY OF NEW YORK. Collectors Shall to ail latents and Purposes Observe tlie Direc- tions of tliis Act any tking contained herein to tlie contrary kereof in any wayes notwitkstanding. And Bee it fnrtlier Enacted by tlie Antliority aforesaid tliat tlie Said Mayor Aldernien & Justices of tlie peace for tlie Respective Cittys and Countys mannors and Jurisdictions liave and Shall bave power and Autboritv by Yirtue of tbis Act eacb of tliein by bimself to Administer an Oatb to the said Assessors well truely, equally, and impartially and in due proportion as it Shall appeare to tkem according to tbeir best understanding to Assess and rate tbe Inbabitants Residents and Freekolders of the Respective places for wkick tliey Shall be cliosen Assessors And Bee it furtker Enacted by tbe Autliority aforesaid tliat if any per son or persons wko shall Be cliosen Assesors and Collectors Sliall Deny Negiect or unequaliy or partially Assess or refuse to make Sucb Assess- ment as by tbis Act is required or shall Deny Negiect or Refuse to Collect any Sume or Sûmes of nioney in forme before mentioned Assessed tbat tben and in Sucb Case it Shall and may be Lawfull For any two Justices of tbe Peace of tbe Cittys and Countys wkere Sucli Obenders shall kappen to dwell or résidé and wko by virtue of tbis Act are required and Impowered to do the saine by warrt under tlieir bands and seules to Commit sucb Assessor or Assessors Collector or Collectors so Denying Neglecting or unequaliy and partially assessing or refusing to collect as aforesaid to tlie Common Goale there to remaine without baile or mainprize till be or tbey sliall make fine1 or ransora to tbeir Majestys for sucb eontempt as aforesaid and be it further Enacted by tlie Autboritv aforesaid tbat if any person or per- sons of what Degree or Quality soever lie or tbey be witbin tbis Province wbo shall be Assessed or rated any sume or sûmes of money by Yirtue of tbis Act to be raised and Levyed Shall Deny Refuse or Delay to pav and Sutisfie tbe same tbat tben it Shall and may be Lawfull for any Sucb Collector by virtue of A warrant under tbe band and Seale of any Justice of tbe Peace for tbe Citty or County where Sucb Offendors shall Dwell or résidé wlio by Yirtue of tbis act are Required and Autkor- ized to grant and Issue forth sucb warrant to Levy tlie same by distress and saile of Such Person or Persons goods and Chattles Returning tbe overplus if any there be to tbe owners tbe Sume assessed, and charges of Distress and saile being first Deducted and alsoe Be it Further Enacted by tbe Autliority aforesaid tbat if any mayor Alderanan or Justice of tbe Peace witbin tbis Province wbo are kereby Required Impowered and authorized to take Effectuall care tbat tbis Act and every Article and Clause therein be Duely Executed According toLAWS OF THE COLONY OF NEW YORK. 277 the True intent and meaning thereof shall Deny refuse Neglect or Delay to Doe Perforine fuliüil and Exécuté ail and every or any tlie Dutys Power» and Autlioritys b y this Act Kequired and impowered by hiin or tliem to Le doue perfoimed, fulllilled and executed and Sliall thereof be Convicted before the Com- mander in Cheife and Councill or before any of tlieir Majestys Courts of Record witliin tliis Province lie or tliey Shall Sutfer such pain by Une & Imprisomnent as bv the Discrétion of the said Commander in Cheife and Councill and the Justices of the said Courts shall Le adjudged and wliereas there hatli been great Neglect in the Justices of the Peace Colleetors and Assess- ors wlio hâve Delayed Executeing tlieir Respective Dutys Ac- cord in g to the true Intent and meaning of tlie former Acts made in severall Sessions of this Présent Assemble for Pré- vention of the lil:e for the future Eee it furtker Enacted by the Authority Aforesaid that if any of the Respective Cittys and Countys aforesaid Shall Refuse Neglect or Delay to hâve tlieir Respective Quota, or Proportions of men at the Citty of New York or at the City of Albany on or before the twentiedi day of May now next ensueing Pursuant to the warrt Directed to tliem from tlie Commander in Cheife as aforesaid and also that if any of the Respective Cittys and Countys aforesd shall Refuse Delay or neglect to make payaient of the severall and Respective Sums or Proporc on s of money by tliem Respectively to be paid as aforesaid at the time and place above mentioned and Appointed that then and for every Day after the Said Day aforementioned and Appointed for the payai eut thereof & until the wlioleSum and Proportion of each Respective Citty and County Shall be fully paid and Satisfied such Citty and County or Countys yt sliall be Defective therein shall each and every of tliem forfeit and pay for the Intent aforesaid the farther sunie of five pounds currant money aforesaid for each Days Default or Neglect of having their Quota of men or payaient of their Respective proportions at the Days and times appointed as aforesaid and for tlie enabling the Commander in Cheife to borrow money or to agréé for Provisions for the maintaining of the two Conipanys aforesaid that the purposes of this act mav be truely Attended and Executed, Bee it Enacted by the Authority Aforesaid that it Shall and may be Law- full for any Person or Tersons to Advance and lend to the Commander in Cliiefe &c upon the Crédit of this Act any Sume or sûmes of money not exeeeding the sume of seven liundred pounds and to hâve and Reçoive for the forbearance of ail such money as shall be lent Interest not exeeeding the Rent of tenn Pr Cent Pr Annum and to the end that ail moneys and provisions278 LAWS OF THE COLONY OF XEW YORK. wch shall be so lent to the Commander in Chiefe &c may be well and sufficiently secured out of the moneys arising and payable by this Act witk the Interest for the Sum not Exceeding tenn Pr Cent Pr Annuin as aforesaid. Bee it further Enacted by the Authority aforesaid that their Majestyes Collector and Receiver Generall for the time being shall separate and keep apart ail the nioney ariseing by the rates and proporcons hereby granted as the saine shall arise or be paid unto' him by the Reeeiyers or Collectors of the saine or by any other person whatsoeyer keep- ing a perfect and distinct Account as the sanie shall corne in, which sume or sûmes of nioney so by him Receiyed as aforesaid shall not be separated nor paid unto< any other person or persons whatsoeyer, but unto such who shall lend any nioney to the Comd in Chiefe &c upon the Crédit of this Act who shall Ime- diately haye a warrant and an order for liis repaying & bearing the same date in which he paid his nioney wherein shall be like- wise Contained the Interest for forbearance and that ail orders for Repayment shall be Registered in Course According to the Date of the warrant Respectiyely without Preference of one before an other and that ail & eyery person or persons shall be paid in Course according as their Orders Shall Stand registred or Entred and that the moneys to corne in by This Act Shall be in the same order Lyable to the satisfaccon of the said Respect- iye Partyes their Executors Administrators or Assigns Suc- cessiyely without rreference of one before an other and not other- wise, and not be diyertable to any other use intent or purpose whatsoeyer, And Bee it further Enacted by the Authority afore- said that if any action bill plaint or information shall be brougkt moyed or presented at any time hereafter against any person or persons for any matter Cause or thing done or acted in Pur- suance or execution of this Act Such Person or Persons so sued or Prosecuted in any Court whatsoeyer Shall and m&y plead the generall Issue not Guilty and giye this Act and the speciall Mat- ter in Eyidence and if the Plaintifî or Prosecutor Shall be non- suited or forbear Further Prosecucon or suffer Discontinuance or Verdict to pass against him the Défendant or Défendants Shall Receiye Triple Costs for which they shall haye the like Remedy as in case where Costs by the Law are giye to Défend- ants ProVided Always that noe mayor Alderman or Justice of the Peace shall be troubled Sued prosecuted or molested for any Omicon Offence or Xeglect by Virtue of this Act but within the space of one year After such Omicon oifence or neglect and not at any time thereafter any thing Contained herein to the Con- tra ry hereof in any wayes Xotyitlistanding. Alwayes Proyided and Bee it Further Enacted by the Authority aforesaid that theLAWS OF THE COLONY OF NEW YORK. 270 Severall Collectors of each Respective Citty and County as afore- said Shall hâve Liberty to pay the Severall and Respective Sûmes assessed as aforesaid at the Day aforesaid in Currant Silver money or for want thereof in good Sufficient and merchantable Provisions at the Currant Mercate price in silver money att New Yorke any thing contained heiein to the Contrary hereof in any wayes notwithstanding. THE FIRST ASSEMBLY. Fourth Session. (Begun Aug. 17, 1692, 4 Wm. & Marÿ, Benjamin Fletcher, Governor.) [CHARTER 21.] [Chapter 21, of Livingston & Smitli and Van Schaack, whêre the title only is printed. The act is printed in full in Fowler’s Bradford, imme- diately after p. 84 Title only is printed in Baskett, at p. 19, as having been passed in 1693. The act is printed in full as having been passed in 1693, in Bradford’s, 1710, ed., p. 18; Bradford’s, 1715, ed., p. 18, and Bradford’s, 1732, ed., p. 15. It appears from the Minutes of the Council, that the act was signed by the Governor, September 10, 1692. Baskett States that the act was repealed by the Crown, May 20, 1708. This act was supplied by ch. 67. For note in reference to this act, see Fowler’s Bradford, p. CXXXI.] An Act for the restraining and punish- ing Privateers and Pirates. [Passed, September 10, 1692.] Whereas nothing can more contribute to their Maties Honour tban that such articles as are concluded and agreed on in ail Treatyes of peace should by ail their Maties Subjects according to their duty be most inviolably preserved and kept in and over ail their Maties Dominions and Territoryes And Whereas against such Treatyes of peace made between their Maties and their Allyes severall of their Maties Subjects doe continually saile under Commicons of Forraigne Princes and States Contrary to their duty and good Allegiance and by fair means cannot be restrained from soe doing Bee it therefore Enacted by the Gover- nour Council and Assembly and it is hereby Enacted by the Authority of the same that from and after publicacon hereof It shall be felony for any person which now doth or hereafter shall inhabité in or belong to this Province to Serve in America in an hostile manner under any fforraigne Prince State or Potentate in Amity with their Maties without Speoiall lycence for soe doing280 LAWS OF TSE COLONY OF NEW YORK. under the liand and Seal of tlieir Maties Grovernour or Com- mander in CTieife of this Province for tlie time being and that ail and every such Offender or Oiïenders contrary to the true intent of this Act being thereof duely convicted in their Maties Courts of Judicature within this Province to which Courts Authority is hereby given to hear and détermine the saine as other Cases or felony) shall suffer pains of death withoutbenefitt of the Clergy Provided Xevertlielesse that this Act not any thing th'^ein cop- tained shall Extend to any person or persons which now are or [hâve been in the service or imployment of any Forraign Prince State or Potentate whatscever that shall returne to this Province and leave and desert such service and Employaient before the first day of September next Ensueing rend ring tlieni- selves to their Matyes Grovernour or Commander in Chiefe for the time being and giving such security as lie shall appoint for their future good beliaviour and alsoe that tliey shall not départ this Province without the lycence of tlieir Maytes Grovernour or Commander in Cliief. And for the better and more speedy Execucon of Justice upon such wlio having Committed Piracyes felonyes and Other Offences upon the sea sliall be apprehended in or brouglit Prisoners to this Province Bee it further Enacted by the authority aforesaid That ail felonyes piracies robberyes nmrders or confederaeyes committed or that hereafter shall be Committed upon the Sea or in any haven Creeke or bay within the Jurisdicon of the Admiralty shall be inquired tryed lieard determined and Judged in Such forme as if such Offence had been committed in and upon the land And to that end and pur- pose Commiceon shall l e had under tlieir Matyes Seal of this Province directed to the Judge or Judges of the Admirality of tliis Province for the time being and to such other substantiall persons as by their Maties Governour or Commander in Cheife of this Province for the time being shall be named or appointed which said Commiconers or such a quorum of them as by such Commicon shall be thereunto authorized shall hâve full power to doe ail th.ings in and about the inquiry liearing determining adjudging and punisliing of any of the Crimes and Offences afore- said as any Commiconers appointed by Commicon under the Créât Seal of England by Virtue of a statute made in the twenty eiglit year of the reigne of Iving Henry the Eiglith are inipowered to do and Exécuté within the Kingdome of England And that the said Olfenders which are or shall be apprehended in or brought prisoners to this Province shall be lyable tosuc^order processe Judgment and Execucon by virtue of such Commicon to be grounded upon this Act as might be awarded or given againstLAWS OF THE COLONY OF NEW YORK. 281 them if tkey were proceeded against witkin tke reaime of England by virtue of any Commicon grounded upon the said Statute Re it furtker Enacted by tlie autliority aforesaid, Tliat ail and every person or persons tliat skall any way knowingly Entertain kar- bour conceale trade or kold any correspondent by Letters or otherwise witk any person or persons tkat Skall be deenied or Judged to be privateers pirates or otker Offenders witkin tke con- struecon of tliis Act and skall not readily Endeavor to tke beat of kis or tkeir power to apprekend or cause to be apprekended suck Offender or Offenders skall be liable to be prosecuted against as accessaryes and eonfederates and to suffer snck pains and penaltyes as in suck case by law is Provided And for tke better and more Etfectuall Execucon of tliis Act Bee it furtker Enacted by tke autkority Aforesaid Tliat ail Commicon Otïicers in tkeir severall precints witkin tliis Province are kereby required and impowered upon kis or tkeir knowledge or notice given tkat any Privateers Pirates or otker persons suspeeted to be upon any unlawful design are in any place witkin tkeir respective pre- cincts to raise and levy suck a number of well armed men as ke or tkey skall tkink needfull for tke seizing appreliending and carrying to Goal ail and every suck person and persons and in case of any résistance or refuisall to yield Obedience to tkeir Maties Autkority it skall be lawfull to kill or distroy suck per- son or persons and ail and every person or persons tkat skall oppose or resist by striking or kring upon any of tke Commanded partyes skall be deemed taken and adjudged félons witkout bene- fite of tke Clergy and every suck Officer tkat skall Omitt or neglect kis duty lierein skall forfeit fifty pounds Currant money of tliis Province for every suck Offence to be recovered in any of tkeir Yaties Courts of Record witkin tliis Province by Bill Plaint or Infonnacon wlierein noe Essoine wager of Law or protection skall be allowed One moiety tliereof to be to tkeir Maties tkeir heirs and Successours for and towards tke Support of tlie Govern- ment of tliis Province and tke contingent ckarges tliereof and tke otker moiety to tke Informer And ail and every person and persons tkat upon orders given kim or tkem skall refuise to repay immediately witli kis or tkeir anus well fixed, and airniiu- nicon to suck place or places as skall be appointed by any Supérieur Ofîicer or Offîcers and not readily Obey kis or tkeir Commands in tke Execucon of tke prémisses sliajl be liable to suck fine or corpora.il puniskment as skall be awarded against them witkin tke Courts to wkick tke recognizance of tke fact dotk belong. 36282 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 22.] [Chapter 22, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 53. Title only is printed in Baskett, p. 18. For note in reference lo this act, see Fowler’s Bradford, p. CXXII.] An Act for the Raiseing and Paying of two hundred and twenty men with their Prop- er Officers together With the Incidentall Charges that Shall anse thereon for the reinforcemt and Security of the frontiers of this Province at Albany for Seaven Months. [Passed, September 10, 1692.] Whereas the Levyes appointed for the Defence of the Frontiers of this Province at Albany Doe expire on the first day of Octo- ber next and that it is absolutely Necessary that their should be continued at that place A Considérable Force for the security of this province as well as for the necessary defence of their majesties neighbouring plantations Bee it Therefore Enacted By the Governour Councill and Représentatives convened in Generall Aseanbly and by the Authority of the same that his Excellency the Captaine Generall Doe Immediately upon the publicacon hereof Issue out his warrants under his hand and seale to the severall & respective Military Officers of the severall and respective Countys» hereafter named for the raiising of two hundred and twenty men well provided with armes to be per- emtorily at Albany on the First day of October next Ensuing and there to continue and remain for the reinforcment and security of this province for the time and Space of Seaven Kal- endar Months to commence on the said first day of October and to Expire on the first day of May then next ensuing in such Quotas and proportions in each respective County as is hereafter specified andExpressed to wûtt, for the Citty and County of New Yorke Sixty effective men, for the County of Westchester twenty five Effective men, for the County of Richmond Ten Effective men, for Kings County four and thirty Effective men, for Queens County fourty four Effective men for the county of Suffolk fourty five Effective men for the County of Orange two Effective men. And Bee it Further enacted by the authority aforesaid that if any of the Respective military Officers in the Respective countys aforesaid shall after the receipt of the warrants From the Cap- tain Generall in manner aforesaid faile neglect refuse or delay to Exécuté the said warrants according to the true intent and meaning thereof shall for such their failure or neglect RefussallLAWS OF THE COLONY OF NEW YORK. 283 or delay Answer tlie same Before the captain Generall or such other, Offîcers as he shall appoint and there sulïer such Mulets, Bains and punishments as b y the Captaine Generall Shall be thought convenient, According to the Laws And Articles of warr in that case made and provided in their majesties Reaime of England any thing eontained herein or in any other Law to the Contrary hereof in any wayes notwithstanding and for the pay- ing and maintaining the said two hundred and twenty men and their proper Offîcers, be it Enacted by the authority aforesaid that a Levy of two thousand eight hundred and sixty pounds currant money of this province be Laid Assessed Raised and Levyed upon ail and every the Inhabitants residents and Free- holders of and in this province for the paying and maintaining of the said two hundred men twenty men and their proper Offîcers together with the Incidentall charges that shall arise thereon for seaven Kalendar rnonths as aforesaid and for noe other use intent Or purpose whatsoever to be lay, Assessed Raised Levyed and paid to their majesties Collecter and Receiver Generall for the tirne being at their Majesties Custome house in the Citty of New Yorke on the first day of Aprill next ensueing Which will be in the yeare of our Lord one thousand six hun- dred ninety and three According to the Rates and proportions Following that is to say For the Oitty and County of New Yorke Seaven hundred & eighty pounds for the paying and maintaining of sixty men being their Quota and proportion of the two hundred and twenty men and Offîcers as aforesaid for the County of Westchester three hundred twenty and five pounds for the paying and main- taining of twenty five men being their Quota and proportion as aforesaid for the County of Richmond one hundred and thirty pounds for the paying and maintaining of tenn men being their Quota and proportion as aforesaid, for the County of Suffolk five hundred eighty and five pounds for the paying & maintain- ing of forty five men being their Quota and proportion as afore- said, for Kings County four hundred fourty and two pounds for the paying and maintaining of thirty four men, being their Quota and proportion as aforesaid for queens County five hundred seaventy and two pounds for the paying and maintaining fourty four men being their Quota and proportion as aforesaid, for Orange County twenty six pounds for the paying and main- taining of two men being their Quota and proportion as afore- said And be it further enacted by the authority aforesaid that for the better Assessing raiseing and paying the sume of two thousand eight hundred and sixty pounds Aforesaid the Mavor and Aldermen within the Citty of New Yorke for the tirne being284 LA.WS OF THE COLOXY OF NEW YORK. and tlie Justices of the peace for tlie finie being for the severall and respective Countys aforesaid for the severall Countys Respectively for the which they shall be justices of the peace do within fourty days after publication hereof Assemble and meet togetlier in the Court liouses for the severall Respective Cittys and Countys or sucli other place or places as they shall Agréé upon amongst tliemselves and shall there order that the Assessors & Collectors for tlie severall and respective Cittys Towns mannors and Libertys within their severall Jurisdictions for the Assessing Collecting & Receiving of the publick rates for the defraying the publick and necesary charges of each Respective Citty and County aforesaid Be the Assessors and Collectors for the Assessing Collecting and receiving the sume or Sûmes cf nioney liereinbeforemenconed according to the pro- posons before Expressed as to the said Yayor and Aldermen and justices shall seem meet and reasonable And Forasmuch as their are severall mannors and Jurisdicons within tlie severall countys Aforesaid who neglect and do not elect annually or once every year Assessors and Collectors wherebv the Intent of this act may be frustrated. Bee it Therefore Enacted by the authority aforesaid that if the Respective mannors and jurisdiccons within the severall Countys aforesaid Shall Refuse or neglect to elect assessors and Collectors for the Assessing of their Respective mannors and Jurisdiccons and for the Collecting the same according to the Intent direccons of this act then and in such Case the Justices of the peace of the Countys where such man- nors and jurisdiccons are, are hereby autliorized to Xoininate & appoint Assessors and Collectors For such mannrs and juris- diccons as shall neglect or Refuse as aforesaid Which Assessors and Collectors shall to ail Intents and purposes Observe the Direccons of this act Any thing contained lierein or in any other Law to the Contrary hereof in any waves notwithstanding And be it Further Enacted by the Authority aforesaid that the said Mayor and Aldermen and justices of the peace for the spective Cittys and Countys Yannors and jurisdiccons hâve and shall hâve Power and authority by Virtue of this Act each of them by himself to Administer an Oath to the said Assessors Well, truely Equally, Impartially and in due proporcon as it shall Appear to them According to their best understanding to Assesse and rate the Inhabitants, residents and Freeholders of the Respective places for which they shall be cliosen Assessors and, be it further enacted by the authority aforesaid that if any person or persons who shall be Cho of forfeiting the Summe of One hundred pound’s Currant mony aforesaid, for every Severall offence against the Tenour of this présent act to be Sued and Recovered in any Court of Record within this Province by bylî, plaint, or Information wherein no Essoine, protection or wTager of Law Shall be admitted, one halfe of the Sayd forfeiture to the Governour and the other halfe tô the Post Master generall, who shall Sue and prosecute the Same. Be it further Enacted296 LA WS OF THE COLONY OF NEW YORK. b y the authority aforesaid that ail Letters and Pacquetts that by any Master of «any Ship or vessell or any of his Company, or any Passingers therein Shall or may be brought to this port of New York, other then Such Letters as are before excepted, Sliall by Such Master Passinger or other Person be forthwith delivered unto the Post Master of New York for the time being or unto his Servant or Servantes and by bira or them to be delivered accord- ing to the Severall and respective directions of the same, Pro- vided that no Letters goeing up or comeing down’ Hudsons River and goeing to and from Long Island Shall be carryed to the Post Office any thing herein contained to the contrary hereof not- withs'tanding Provided alway’s that nothing herein mentioned Shall be in force any Longer then tliree year’s next and after the publication hereof any thing to the Contrary hereof in any way’s notiwithstanding. [CHAPTER 26.] [Cliapter 26, of Livingston & Smith and Tan Schaack, wliere the act is printed in full. Printed in full in Fowler’s Bradford, p. 69; Baskett, p 13. The acf was confirmed by the King, May 11, 1697. (See Fowler’s Bradford, p. CXXXYI.) For note in reference to this act see Fowler’s Bradford, p. CXXV.] AN ACT for the Setling of fïaires’ and Marquets’ in eaeh respective Citty and County throughout the Province. [Passed, November 11, 1692.] TYTHEREAS great ipconvenience doth arise to the Inhabitants’ » » of the Province for want of certain Marquet day’s in eaeh respective City and County throughout the same, and the trade of the Province is likewise very much discouraged for want thereof, as wrell as for the Want of Publick ffairs? in eaeh respec- tie City & County to be held and kept at least once in Every year for Remedy whereof and that Trade and Commerce may be the better encouraged and propagated for the good and well of ail the Inhabitants aforesaid, BE IT THEREFORE ENACTED by the Grovernour and Councill and Représentatives convened in Generall Assembly and it is hereby Enacted by the authority of the same, that there shall be held and kept in the respective County’s aforesaid upon every Thursday of the week at Jamaica within Queens County on Long Island; and on every Saterday of the Week, at Kingstown in the County of TJlster and on Every Wednesday of the week at Westchester in the County of Westchester Publick & open marquets, to which marquets it shall and may be Lawfull. for ail and every the Inhabitants and sojournours, of this Province to goe frequent & resort andLAWS OF THE COLONY OF NEW YORK. 297 thither to carry ail sorts of Gattle grain Victnall, Provisions and other necessarys’ togeather with ail sorts of Merchandize whatsoever and at the Publick marquet place tliat shall be assigned and appointed in each respective Town aforesaid them to Expose for sale, or barter ingross or retaile between the howers of Eight of the Clock, in the morning and snnn-set of the same day, without the payment of any toll, or any other Let, hindrance or molestacon whatsoever. AND BE IT FURTHER, ENACTED by the authority aforesaid that there shall likewise be held and kept in each respective City and County thronghout the Province and at the times & places hereafter named twice yearly and Every year a ffair to which fair it shall and may be Likewise lawfull, for ail and Every Person or Persons Inhabi- tants St rangers or sojournours of this Province &c, to the said place and places at the said time and times when the said respective fair & fairs are to be held & keept to goe frequent and resort and wither to carry or cause to be carryed ail sorts of Cattle horses Mairs, Colts, grains Victualls Provisions and other necessarys togeather with ail sorts of Merchandize of what nature soever and them to expose to sale or Barter in Cross or by retaile at the times houres and seasons that govemours or Rulers of the said Respective fairs for the time being shall pro- claim & apoint. And be it further Enaeted by the authority aforesaid that there be kept yearly for the City and County of New-York, twro fairs at the City of NewT-York, the first fair annu- ally to commence the last Tuesday of Aprill in every year and to end upon the fryday then next following being in ail four days inclusive and no Longer, And the second fair to commence the first Tuesday of November in every year, and to end upon the fryday then next followûng being in ail four days inclusive & no Longer. AND ALSO that there be held and kept one fair annu- ally and once a year for Kings County on Long-Island at fïïat- bush in the said County to commence the second Tuesday of Octo- tober in every year and to end the fryday then next following being in ail four days inclusive and no Longer. AND also that there be held and kept twTo fairs yearly for Queens County on Long-Island, the first fair to be held annually at Jamaica, within said County on the first Tuesday in May in every year and to end on the fryday then next following being in ail four days inclusive and no Longer. The second fair to commence on the third tuesday of Octob. and to end the fryday then next fol- lowing being in ail four dayes inclusive and no Longer. And also that there be held and kept tw o ffairs yearly for the County of Suffolk on Long-Island, the first ffair to be held annu- ally ax Southampton, the first Tuesday of July in every year, and 38298 LAWS OF THE COLONY OF NEW YORK. to end on tlie fryday then next following being in ail four days inclusive, and no Longer and the second fair at soutkold to com- mence tlie second Tuesday of September and to end upon the Fryday then next following, being in ail four days inclusive and no Longer. And also tliat there be held and kept in the City and County of Albany, two ffairs yearly the first ffair to be kept at Albany and to Commence the third' Tuesday of July and to end on the fryday then next following being in ail four days inclusive and no Longer and the second fair to be held at Crawler in Renselaer Wyck on the third Tuesday in October, and to end on the ffryda.y following being in ail four dayes inclu- sive and no Longer. And also, tkat there be held and kept two fairs yearly for the County of Ulster, the ffirst to be kept at Kingstown the Third Thursday in Mardi, and to end on the Saterday next then following being tkree days inclusive and no longer and the second fair to begin the second Thursday in October and to end the saterday following. And also that there be held and kept two fairs yearly for the County of Westchester The ffirst to be kept at the Town of Westchester in the said County on the second tuesday in May and to end on the fryday following being in ail four days inclusive and no Longer, and the second ffair to be kept at Rye in the said County on the second tuesday of Octob. yearly & to end the fryday then next following being in ail four days and no Longer. And also, that there be held and kept two ffairs in the County of Richmond the first on the north side of the Island'on tlie last tuesday in June and to end on the Friday following being in ail four days inclusive and no Longer, And the second fair to be kept at tlie sd place on the last tuesday in Septemb. and to end on the friday then next fol- lowing being in a'11 four days inclusive and no Longer. Ail which ffairs at the times and places, aforesaid in each respective County, respectively sliall be holden, togetlier with a Court of Pypowder and with ail Liberty’s and free customs to such fairs appertaining or which ought or may appertain aecording to the Usage and Customes of ffairs holden in their Majesties Realm of England AND for the more Regular Government of the severall and respective fairs afore meotioned The Governor shall Com- missionate and appoint such‘Person or Persons in each Respec- tive County aforesaid where such fairs is to be holden and kept to be Govemours or Rulers of the said ffairs Respectively which governor or Ruler so appointed and Commissionated as aforesaid is hereby authorized and impowered TO HAYE AND TO HOLD a court of Pypowder togeather with ail Libertyes and free Cus- toms to such appertaining, AND that they and Everv of them may hâve and hold them at their and everv of their RespectiveLAWS OF THE COLONY OF NEW YORK. 299 places aforesaid their and every of their respective Courts the said dayes from day to day and hour to< hour, frorn tirne toi tirne ail Occasions plaints and pleas of a Court of Pvpowders together with summons attachments Arrests, Issues, fines Rédemptions and Commodityes and other rlghts whatsœver to the same Courts of Pypowder any way appertaining without any impedi- ment set or hindrance whatsœver ALWAYS PROYIDED that the Governor or Ruler of the said respective ffairs aforesaid shall cry or cause to Cry and Publish within and without the Libertyes of the said respective ffairs Where they shall hold the same the time that they aught to hold it and no Longer, and that every Governour and Ruler of the Respective ffairs, aforesaid at the beginning of his faire shall their do cry proclaim and Publish how Long the ffair shall Endure to the Intent that Merchants and other shall not be at the same faire over the time soe pub- lished upon pain of be-ing fined for the same, nor that said Governor or Ruler shall not hcfld the Respective fairs over the due time hereby Limited upon pain of forfeiting the keeping said fairs unto their Majesties. And for preventing abuses in any of the said fairs and Marquets, BE IT FURTHMR ENACTED bv the authority aforesd that the Governour or Ruler of the respective fairs aforesd shall yearly appoint and Limit out a certain and speciall open place within the respective Towns aforesaid where the said Respective ffairs are to be held and kept where horses, Mairs, gelldings Colts and other Cattle, may be sold in which said certain and in Open place as aforesaid there shall be by the governour aforesaid or Ruler put in <& appointed one sufîicient Person or more to take toll and keep the same place from tenn of the Clock in the morning untill Sunn set of every day of the aforsayd fair and Market upon pain to loose and forfeit for every default fourty shillings and that everv Toll geatherer his Deputy or Deputy’s shall dureing the time of every their said fairs take the summe of nine pence as due and Lawfull Toll, for every such Horse, Mair, gelding or Colt, at their said Open Place to be apointed as aforesaid and betwixt the hours of tenn of the Clock, in the morning and sunn set of the same day, if it be tendered and not at any other time or place and shall hâve presently before him or them at the takeing of the same toll the Partyes to the bargain exchange guift contract or puting away of every such Horse, Mair, gelding or Colt, and also the same horse, Mair, gelding and Colt soe sold exchanged, OR PUT away or shall then Write or cause to be Written in a book, to be kept for that Purpose the Names Surnames, and dwelling places of ail the said Partyes’ and the Colour with one speciall mark at the300 LAWS OF THE COLONY OF NEW YORK. leaft of everv such horse Maire gelding or Colt in pain to forfeit at and for everv default eontrary to the intent hereof the snme of forty shillings* Currant money aforesaid and the said toll gatherer or keeper of the said book shall within one day next after such fair bring and deliver the said book, to the Goyernour or Ruler of the,1 saidifairs who shall then causeanoatetobemade of the true Xumb of ail horses, Mares guildings and Colts sold at the said iïair and shall there subscribe his naine, upon pain to him tliat shall make default therein to loose and forfeit for everv default the suine of forty shillings Currant Monev aforesaid and also to answear the Party grieved by reason of the same his négligence in everv behalfe and the said Governour or Ruler his Deputy or Deputy's shall take for the entring for every horse Mair guilding and colt sold in the respective fairs as aforesaid for toll of the same the suimne of nine penc the one halfe to be paid by the buyer the other halfe by the seller, PROYIDED ahvay’s tliat notliing lierein contained shall be taken or construed to infringe upon the rights and Privilèges of the City of New-York and Albany and Ranslaer Wyck, but that the mavor and aldermen and the Proprietor of the Mannor, of Ranslaer Wyck of tlieir Respective City’s and Manners for the time being, shall alway's be pursuant to the directions of their respective Charters and grants the only Governour or Ruler of the aforementioned fairs to be held in their Respective City's and Manners anv thing herein contained to the eontrary hereof in any ways notwithstanding. [CHAPTER 27.] [Chapter 27, of Livingston & Smith and Van Schaack, wliere the act is printed in full. Printed in full in Fowler’s Bradford, p. 72; Baskett, p. 16. Confirmed by the King, May 11, 1697 (See Fowler’s Bradford, p. CXXXVI.) For note in reference to this act, see Fowler’s Bradford, p. CXXXVI.] AN ACT for the superviseing Intestates Estâtes, and Regulateing the Probate of Wills and granting of Letters of Adminis- tracon. [Passed, November 11, 1692.] WHEREAS as theRighPsof Orphants andtheEstatesofSuch as dye Intestate throughout this Province and Dependencyes are often concealed wasted Embazilled and destroyed to the Utter ruine of many Orphans and the Préjudice of the next of kind to such as dye Intestate for want of haveing good and Sufficient Persons in each respective County throughout the Province for the due & regular Inquiring after the same, BE IT THEREFORELAWS OF THE COLONY OF NEW YORK. 301 ENACTED by tke Governour and Councill and Représentatives, Convened in Generall Assembly and it is hereby Enacted by the authority of the saine that on or before the five and twentieth day of March next in the Year of our Lord one thousand Six hundred ninty and three, there shall be eleeted and appointed in each Respective Town throughont the Counties within this Province two able and Sufficient free holders who Shall npon the death of any Person or Person’s in their respective Town s7 repair unto the house place or Habitation where the deceased did résidé within fourty eight houres after the Interment of the said dec’d and there make Enquiry If the dec’d made any Will or had any Reall or Personall Estate not devised by him at the time of his or their death, and if upon inquiry that he had made no Will but dyed Intestate then and in such case it shall be lawfull for Such Person or Persons eleeted or appointed in each respective Town as aforesaid to make Strict and dilligent Search and inquiry into ail the reall and Personall Estate that the said Intestate dyed pos- sessed of and the Same to Inventory and bring or cause to be brought unto Such Person or Persons in the C'ounty where Such intestate dyed, who shall by the Governour for the time being be deligated on Purpose for superviseing Intestates Estâtes, &c in each respective County throughont the Province and the Same with him file declareing upon their oath’s that the Said Inventory doth contein a True and Perfect account of the Said Intestates Estate, that lias corne unto their knowledge, whereupon the Person or Persons so dele- gated as aforesaid Shall issue, out his or their warrant to two good and Sufficient free holders inhabiting within the Towm where the intestates dyed for the Appraisement of the goods and Chattells left by the Intestate and Inventoryed as aforesd and upon the return thereof to him he shall cause the Saune to be Secured or sold for the most of their vallue and the Produce thereof to remaine in his hands, or put out into good and suffi- cient hands who shall be able to produce the Same again when the next of Kin shall apear in right to claim the same and if the said intestate at the time of his death did leave a wife and Chil- dren behind him, then and in Such a case the wife Shall only hâve the right of Administration upon the said Intestates Estate as the Law doth direct and not otherwise, but if the said Intes- tate did Leave only Orphans behind him and has no relations or kindred who will administer upon the Said Intestates Estate then the supervisor of each Respective Countv-Delegated as aforesaid Shall only hâve the Administracon and care of the said justices estate and the same shall seeure as aforesayd, for the use benefit and behoofe of the said Orphan's, and not302 LAWS OF THE COLONY OF NEW YORK. otherwise and the sayd Intestates Estâtes Soe Inventoryed as aforesaid Shall cause ta be well secured and improved to thie best advantage for the behoof of the said Orphans untill they marry or corne to the âge of one and twenty Years And that he shall likewise take effectuall care for the Educateing and Instructing the Sayd Orphans in the Holy Protestant Religion, and that they be honestly maintained according to tlie Capacity of the Sayd Intestates Estate, and not otherwise, AND be it further Enacted by the authority aforesaid that the Probate of ail Wills and Letters of Administration shall be frorn henee forth granted by the Gavernour or Sucü Persan as he shall Dele- gate under the seal of the Prérogative Office for that purpose apointed and that ail Wills relating to any Estate within the sev- erall County’s of Orange and Richmond West Oliester Kings County, shall be proved at New-York before the Governr or such Person, as he shall delegate as aforsayd, but in reguard of the remoteness of the other County’s from New York, andtoPrevent the great charge and Inconveniency’s of bringing witnesses so far, the court of Common Pies in each of these remote Countys, are hereby impowred and authorised to take the examination of Witnesses to any will within their respective County’s, upon Oath, and the same, with the will to certifye to the secret’ry’s Office at New-York, with ail Convenient Speed under the hand of the Judge and Clerk of the said Court that the Probate thereof may be granted accordingly, And in the time of the Vacancy of the said Courts of Cornon Pleas or upon any Extraordinary occas’on or necessity the respective Judges of the Inferior Courts assisted with two Justices of the Peace, within the said remote County’s may and are hereby impowred and authorised at any time dure- ing the Vacancy of the said Respective Courts to take the Exami- nation of Witnesses to any Will produced before them upon Oath and to Certifye the same as aforesaid and in case any debate and Controvercy, shall arise about swearing and Examin- ing such Witnesses or allowing the will, the said Court or Judg and Justices may hear and détermine the same, and if any be unsatisfyed with their Proceedings tlierein they may apeale to the Governour; or to such other Person delegated as aforesaid before the Probate of such will be granted. AND IT IS FURTHER ENACTED by the authority afore- said that the severall Judges of the Respective Courts within the said Remote County’s in Open Court and on Extraor- dinary occasions or necessity out of Court assisted with two Justices of the Peac aforesaid may and are hereby authorized and impowered to grant Probates, of any will or Letters of Administration to any Person or Psons where the Estate of theLAWS OF THE COLONY OF NEW YORK. 303 Person makeing such will or of the Intestate on wkich Letters of Administration is desired doth not exceed the vallue of fifty pounds any thing herein contained to the contrary hereof in any ways notwithstanding PROYIHED alwayes that any Person or Persons concerned in the Probate of Such Wills’ or Letters of Administration to be granted by the Judge of the said Courts as aforesd may within three Months after the granting thereof bring his or their Appeale or apeales there in before the Gover- nour, or such or Person Delegated as aforesaid. [CHAPTER 28.] [Chapter 28, of Livingston & Smitli and Yan Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, p. 64. Title only is printed in Baskett, p. 18. The act expired November 11, 1694. Con- tinued bv ch. 54. For note in reference to this act, see Fowler’s Brad- ford, p. CXXIII.] An Act for the Establishing Courts of Judicature for the Ease and beneflt of each Respective Citty, Towne and County within the Province. [Passed, November 11, 1692.] Whereas the Act for setling courts of Judicature within this Province doth expire by its owne Limitation in Aprill next And whereas the orderly Régulation & the Establishment of Courts of Justice throughout this Province as well in the Respect of time as place doth tend very much to the Honor & Dignity of the Crown as well as to the ease and benefit of the Subjects. Be it therefore Enacted by the Covenour & Councill and Représentatives Con- vened in Cenerall Assembly, And it is herebv Enacted and ordained by the authority of the Sanie That Every Justice of the Peace that Résides within any town or County within this Province are hereby fully impowered and authorized to hâve Cognizance of ail Causes, Cases of debt and trespass, to the vallue of forty Shillings or under, which Causes and Cases Shall be heard trved and finally determined without a Jury by every Justice of the Peace that résides within any* Towne or County within this Province &c. he takeing unto his Assistance at the time of his hearing and determining Such Cause, or Cases of debt & trespass, to the vallue of forty Shillings or under, one of the Said freeholders of the Town & Place where the Cause of Action doth arise, the process of warning Shall be by a Sum- mon’s under the hand of the Justice directed to the Constable of the Town or Precinct, or any deputed by him, where the Party Complained against doth Live, which Summons being Personally Served or left at the defts house two day’s before the day of hear-304 LAWS OF THE COLONY OF NEW YORK. ing of the Plaint, Shall be Sufficient authority to and for the said Justice Assisted with one of the ffreeholders as aforesaid to Proceed on Such Cause & Causes and détermine the same In the défendants absence and to grant Execution thereupon against the défendants Person or for want thereof his Estate which the Constable of the town or precint ur his deputy Shall and may serve. Alwayes Provided And be it further Enacted by the Authority aforesaid that if the plaintiff or deft Shall desire a jury it Shall be allowed but at the propper cost and charges of the Persons desireing the same, And for the increase of Virtue and the discourugeing of Evill doer's Be it further Enacted by the authority aforesaid that there shall be held and kept in every respective City and County within this Province at the times and places hereafter named and Expressed, A Court of Session’s of the Peace (that is to Say) for the City and County of New York and Orange County at the Citty hall of the Said City four generall Quarter Session’s of the Peace Annually and Every year upon the first Tuesday of May, The first Tuesday in August, the first Tuesday in November, And the first Tuesday in ffebruary, And for the City and County of Albany three generall Sessions of the Peace at tlie City hall of the Said City annually and every year on the first Tuesday in June, on the first tuesday in Octob and on the ffirst Tuesday of ffebruary And for the County of West- chester Two generall Session-s of the Peace annually and every, Year at Westchester on the ffirst Tuesday of June and on the ffirst Tuesday in Decemb. And for the County of TTlster and Dutchess County two generall Session’s of the Peace annually and every year at Kingstown the first Tuesday of March and the first Tuesday of Septemb And for the County of Richmond two generall Sessions of the peace Annually and every year atv the Court house in the Said County on the first Tuesday of March and the first Tuesday of Septemb. And for kings County Two generall Sessions of the Peace annually and every year at fflatbush on the Second Tuesday of May and on the Second Tuesday of November and for Queen's County Two generall Sessions of the Peace annually and every year at Jamaica, on the third Tuesday in May & on the third tuesday of Septemb. And for Suffolk County two generall Sessions of the Peace Annualy and every year onthelast Tuesday in Mardi at Southampton and on the Last Tuesday of Seotembr at SoufhoH^ which Generall Sessions of the Peace in Each respective City and County aforesaid Shall onlv hold and continue for the Space and time of two dav’s and no longer. And for the more Regular anff beneficiall distribution of Justice to the Inhabitants of each Respective County aforesaid Be it further Enacted by the author-LAWS OF THE COLONY OF NEW YORK. 305 ity aforesaid that there Shall be kept and holden a Court of Commun Pleas in Each Respective County aforesaid at tlie times and places hereafter named and mentioned (that is to say) at Such places in each Respective County as the said generail ses- sions of the peace are to be kept, and to begin the next day after the Session Terminâtes aüd then only ,to hold & continue for the Space & time of two days after and no Longer, and that there be a Judge Assisted with three Justices of the Peace in each respective County appointed and commissionated to hold the Same Court of Pleas three whereof to be a Quorum ai*d that the Severall & respective Courts «of Pleas hereby Established Shall hâve power and Jurisdiction to hear, try and finally détermine ail actions or cause of acoons, and ail matters & things, and Causes tryable at the Common Law of what nature or kind whatsoever, soe that the action or cause of action, the matter, thing, and cause fry- able, and the nature and kind thereof doth not relate or con- cerne Title of Land, Provided alwayes and it is hereby Enacted that there Shall not be any apeale or removeall by Habeas Corpus of any person or of any action Or Suite, of any Judg- ment or Execucon that Shall be determined in Said Court’s of plea’s to the vallue of twenty pound’s or under, any thing contained herein to the contrary hereof in any way’s notwith- standing. And it is further Enacted by the Authority afore- said that the Courtes of Mayor’s and Aldermen of the respective Citty’s of New York and Albanv Shall hâve in each of their respective Cittv’s, the powers and authority’s to hear try and finally to détermine ail Such Suit’s and actions of their Corpora- tion^ as is commonly Cognizable before them, from which finall détermination there Shall not' be any apeale or removeall by habeas Corpus, of any person or of auv action or Suite or of any Judgment or Execution to the vallue of Twenty pound’s or under, any thing herein contained to the contrary hereof in any way’s notwithstanding, to which respective Court’s of Oom- mon pleas, there shall belong and be appointed and commis- sionated for that purpose, one Clark of the Court to draw Enter and keep the Records déclarations plea’s, and Judgments there to be had and made, and one Marshall or Cryer of the Court, to call the Juror’s, and Proclaim, the comands and order’s of the Court, And for the more regular proceeding’s in the said Court ail process and writs of what nature soever for the Command of Persons to apear and to execute the JudgemenPs and Execu- tions of the respective Courts aforesaid shall be directed to the respective Sheriffs of Each County aforesaid, and Executed by 39306 LAWS OF THE OOLONY OF NEW YORK. them their under sherifï’s or deputy or deputy’s, and ail pro- cess and writt’s for action’s between party and partys in the Said Court Shall Issue out of the office* of each respective Clark of eack respective Court, Signed per Curiam. Provided alway’s that nothing herein contained shall be taken or Construed to take away the Priviledge. of the town of Kingstown in the County of Ulster for the hearing and determining ail Action’s and cause of action's ariseing within the Libertie s of the Said town to the vallue of fflve pound’s and under any thing herein contained to the contrary hereof in any way’s notwithstanding, And that ail their Majesties Subjects inhabiting within this Province may hâve ail the good, propper, Just ease, and bene- ficiall ways, for the Securing and Recovering their Just rights and demands within the sanie. Be it further Enacted And it is hereby further Enacted and ordained by the authority aforesaid that there Shall be at New York, a Supreame Court of Judicature the which Shall consist of ffive Justices which Shall be appointed and Commissionated for that purpose, two whereof togeather with one Chief Justice to be a Quorum, which Supream Court are herby fully impowered to hâve Cognizance of ail pleas Civill Criminall and mixt, as fully and amply to' ail intents and purposes whatsoever as the CourPs of Kings Bench Common Pleas and Exchequer within their Majesties Kingdom’s of Eng- land, hâve or ought to- hâve, in and to which Supream Court ail and every person or persons whatsoever Shall and may If they Shall See meet Comence or Remove any Action or Suite the debt or Damages, Laid in Such action or Suite being upwards of twenty pounds and not otherwise, or Shall or may by warrant or Certiorari remove out of any'of the respective Oourt’s of Mayor and Aldermen, Sessions of the Peace, and Common pleas, any Judgement Information or indictment there had and depending, Provided alwmy’s that the Judgement removed be upward’s of the vallue of Twenty pound’s out of the office of which Suprême Court at New York aforesaid ail process Shall Issue out under ye test of ye Chief Justice of the said Court and to which office ail return’s Shall be made, wThich Supream Court Shall be holden at Such times and places as hereinafter is Limited and apointed for the City and County of New York, and County of Orange on the first Tuesday in Aprill and on the first Tuesday in October, annuallv and every vear, for the City and County of Albany the first Tuesday in May, for Ulster and Dutchess County the third Tuesday in May, for the county of westchester the last Tuesday in June, ffor Kings County the first Tuesday in August, for Queens County the Second Tuesday in August, for the County of Suflolk the third Tuesday in August, and for the County of Ri ch-LAWS OF THE COLONY OF NEW YORK. 307 mond the Second Tuesday of June, And be it further Enacted by the authority aforesaid that ail and every of the Justices or Judges, of the Severall Courts aforementioned be and are hereby Sufficiently impowered to make, ordain and Establish ail Such Rules and orderis for the More Regular Practiceing and pro- ceeding in their said Courts as fully and amply to ail intenta and purposes whatsoever as ail or any of the Judges of the Severall Courts of the King’s Bench, Commun Pleas, and Exche- quer, in England Legally doe, Provided al waves And be it further Enacted by the authority aforesaid that no Person’s right or property Shall be by any of the aforesaid Courts determined except where matter’s of ffact are either acknowledged by the parties or Judgement be acknowledged or passeth by the défend- ants fa.ult for want of Plea or answer unless the fact be found by the verdict of twelve nien of the Neighbourhood as it ought to be done by the Law. And be it further Enacted by the authority aforesaid That one of the Justices of the Supream’ Court Commis sionated as aforesaid Shall once in Every year at the aforesaid times and places in each respective County aforesaid goe the circuit, and at the places and times aforesaid there hold the Supream Court, being then assisted by two or more of the Justices of the peace of the severall Respective County’s where the said Supream Court is to be holden and shall there hear and détermine ail process and pleas there depending and issued as aforesayd, Alway’s Provided that in Such County where there is noe process Issued or pleas depending, that the Justice shall not be then oblidged to goe the Circuit to the Said County any thing contained herein to the Oontrary hereof in any ways notwithstanding Alway’s Provided the Sessions of the Said Supream Court Shall not continue nor hold longer at New York then five day’s and at the other respective place1 s in each respec- tive County than two dnvs & no Longer. And be it further Enacted by the authority aforesaid that there shall be a Court of Chancerv within this Province which Said Court Shall hâve power to hear and détermine ail matters of Equity and shall be esteemed and accounted the high Court of Chancery of this Province And be it further Enacted by the authority aforesaid That the Governour & Councill be the Said High Court of Chan- cery and hold and keep the said Court. And that the Governour may député nominate, and appoint in his Stead A Chancelor and be assisted with Such other person’s of the Councill as shall by him be thought fit and convenient togeather with ail necessary officeris Clark’s and Registres, as to the Said High Court of Chancery are needfull, Provided Alway’s And it is hereby fur- ther Enacted by the authority aforesaid that any ffreeholder,308 LAWS OF THE COLONY OF NEW YORK planter Inhabitant or Sojourner within thisr Province may hâve Liberty if he or they see rneet, to make his or their apeale or apeaPs from any Judgement, obtained against him or them, in Case of Error in the Severall Courts aforesd in such manner and forrn as is hereafter expressed (That is to* Say) ffrom the* Courts of Mayor and Aldermen, and Courts of Common Pleas to the Supream Court for any Judgmt above the vallue of Twenty pound’s, And from the Supream Court at New York to the Gover- nour and Councill for any Judgement above the vallue of One hundred pound’s and from the Governour and Councill, to their Majesties in Councill, for any decree or Judgement above the vallue of three hundred pound’s, as in their Majesties Letters Pattents to his Excellency doth and may more fully appear. Alwayes provided that the party or Party’s So* Apealing shall first pav ail Costs of Such Judgements or decree from which the Apeale ariseth, And Enter into Recognizance with two Sutïicient Surityes for duble the vallue of the debt, matter or thing recov- ered or obtained by Judgement or degree against him or them, to the Sayd Court from which they apeale that they will prosecute the Sayd Apeale or apeale's with effect and make return thereof within twelve months after the said Apeale or Apeales here made, And if default happen thereon then Execution to Issue out upon the Judgement against the Party or their Surityes in course without any Sciere facias, Provided alway’s that the Establish- ing of these Courts Shall not be or remain Longer in force then for the time and Space of Two years from and after the Expira- tion of the former act before mentioned and no Longer. [CHAPTER 29.] [Chapter 29, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Fowler’s Bradford, on 4th page, after p. 84, where the date of its passage is given as November 12, 1692. It appears, from the Minutes of the Council, that the act was passed November 11, 1692. (See Journals of Legislative Council, p. 33.) Title only is printed in Baskett, p. 18. For note in reference to this act, see Fowler’s Bradford, p. CXXXI.] AN ACT granting to their Majesties'the Rate of one Penny P Pound upon ail the Reall and Personall Estâtes within tbej Pvince &oto- be allowedunto his Excellency the Governor for his eare of the Province. ! [Passed, November 11, 1692.]! The Représentatives Convened in generall Assembly in ail humble and dutifull acknowledgment of their Majesties most gratious favour and reguard to the subjects of this Province byLAWS OF THE GOLONY OF KEW YOKK. 309 Commissionatemg and appointing over them a Person ta be their Governour wlia îs Endued witü most Excellent Qualiityes, and hath given most signall démonstration of Lis Constant, Loyal ty and fydelity unto tlieir Majesties by his Prudent care and conduct since his arrivall into this their Majesties Province, and who by his unwearied Aigilance has Aisited the frontiers of the saine and hath put them into such Posture as that ail the subjects are in safety, though Imironed Avith a powerfull Enemy, in the deepest senee, Avhereof Beconie humble supplyants unto their most Excel- lent Majesties and Pray that they Avould be graciously pleased to accept as a toaken of their most Loyall and sincere efi'ection unto their Majesties and their Government Establisked here, one penny for Every pound Aaîlue of ail the reall and Personall Estâtes of ail and Every the freeholders and Inhabitant Avithin this their Majesties Province and Dependency's and doe likewise humbly pray that your most Excellent Majesties Avould be pleased to give and alloAV the same unto Benjamin ffletclier Esqr, Oaptain Generall and Governor in chief in and oa er their Majes- ties Province of XeAV York and Terry tory es thereon depending in America, and pray that it may be so Enacted Be it therefore Enacted b}7 the Governour and Councill and Représentatives Oonvened in Generall Assembly and by the authority of the same that there be assessed, LeAied, and Collected, one penny for every pounds a allue of ail the Eeall and Personall Estâtes of ail and every the fïreeliolders and Inhabitants Avithin this Pro- vince and dependencies, to be assessed, Levyed and Collected and payd in manner and form following (that is to say) the one half or moyty of the aforesaid assessment of one Pennv for every pounds vallue of ail the reall and Personall Estâtes as aforesaid to be assessed, Levyed, collected and payd unto their Majesties BeceiArer generall, at YeAv York at or before the first day of Septemb next, Avdiich shall be in the year of our Lord, one thou- sand six hundred ninty and three, and the other half or moytye of the said assessment to be payd in like manner at or before the first day of September tlien next folloAving Avhich sliall be in the year of our Lord One thousand Six hundred ninty and four, and for the more due and orderly collection of the assess- ment aforesaid be it further Enacted by the authority aforesaid That the Mayor and Aldermen Avithin the City of YeAV York for the time being and the Mayor and Aldermen AAithin the City of Albany for the time being and the Justices of the Pe-ac’ for tht; time, being for the severall and respectiA7e County’s Avithin this ProArince for the seArera,ll County’s respectively for the Avhich they shall be Justices of the Peac’ doe within six months after Publication hereof assemble and meet togeather in the Court-310 LAWS OF THE COLONY OF NEW YORK. h ou ses for the severall respective City s and County’s, or such other place or places as they shall agréé amongst tkemselves and shall there order that the assessors and Collectors for the severall and respective City’s, Town’s mannors, and Liberty’s within their severall Jurisdictions for the Assessing Collecting and Receiving of the Publique rates for the defraying of the Pub- lique and necessary charge of each Respective City & County aforesaid be the Assessors, and Collectors, for the assessing, Col- lecting and receiving the rate of one penny P pound as aforesaid, as to the sayd Mayors and Aldemien And Justices of the Peac’ shall seem meet and reasonable, And forasmucli as there are severall mannors, and Jurisdictions within the respective Oounty's aforesaid who neglect and do’ not elect annually or once a year’ assessors and Collectors whereby the intent of this Act may be frustrated, Be it therefore Enacted by the authority aforesaid that if the respective mannors, and Jurisdictions within the severall County’s aforesaid shall refuse or neglect to elect asses- sors and Collectors for the assessing of their respective mannors and Jurisdictions and for the Collecting the same according to the intent and direction of this Act, then and in such case the Justices of the Peac’ of the County’s where such manners or Jurisdiction are, are hereby Impowred and authorized to Nominate and appoint assessors and Collectors for such man- nors, and Jurisdictions as shall Neglect and refuse as aforesaid which assessors and Collectors shall to ail intents and pur- poses observe the directions of this act any thing contained herein to the contrary hereof in any wise notwithstanding. And be it furtlier Enacted by the authority aforesaid that the said Mayors Aldermen and Justices of the Peac’ for the Respec- tive City’s and County’s, mannors, and Jurisdictions, hâve and shall hâve power and authority by virtue of this act each of them by himself to administer an Oath to the said Assessors well, truly, equally and impartially in due proportion as it shall appear to them, according to their best understanding to a.ssess and rate the Inhabitants Residents, and ffreeholders of the respective places for which they shall be chosen, assessors, And be it further Enacted by the authority aforesaid that if any Per- son or Persons who shall be chosen assessors and Collectors shall denv neglect or unequally or Parcially assess or refuse to make such assessment as by this Act is required or shall denv neglect or refuse to Collect any sume or summes of mon’y in form before mentioned assessed that then and in such case it shall and may be lawfull for any two Justices of the Peace of the City’s and County’s where such offender shall happen toLAWS OF THE COLONY OF NEW YORK. 311 dwell or résidé and who by virtue of this Act are required and impowered to doe the same by warrantas under their hands And seules to commit such assessor or assessors, Collector or Col- lectors so denying neglecting, or unequally and partially assess- ing or refuseing to Collect as aforesaid to tne Common Goale there to remain witbout Bayle or mainprise till he or tbey make fvne and ransom to their Majesties for such contempt as aforesaid And be it further Enacted by the authority aforesaid that if any Person or Persons of what degree or Quallity soever he or they be within this Province who shall be assessed or rated any summe or summes of mony by virtue of this act to T>e raised and Levyed shall deny, refuse or delay to pay and satisfye the same that then it shall and niay be lawfull for any such Col- lector by virtue of a warrant under the hand and seale of any Justice of the Peace for the Oitty or Countv where such offenders shall dwell, or résidé who by virtue of this Act are required and authorized to grant and Issue forth such warrant to Leavy the same by distress and sale of such Person or Person’s good’s and Chattells, returning the overplus if any be to the owners the summe assessed and charges of distress and sale being first deducted. And Also be it further Enacted by the authority aforesaid that if any Mayor Alderman or Justice of the Peac within this Province who are hereby required, Eimpowered and authorized to take effectuai care that this act and every Article and clause therein be duely Executed according to the true intent and meaning thereof shall deny neglect or refuse or délav to doe Perform fulfill and Exécuté ail and every or any the duty’s, powers and authoritv’s by this act required and impowr- ered by him or them to be don' Performed fullfilled or executed and shall thereof be convicted before his Excellencv the Governor and Oapt. Generall and Councili or before any of their Majesties Courts of Record within this Province he or they shall suffer such pain by fine and imprisonment as by the discré- tion of the said Governor and Oapt Generall and Council and the Justices of the said Courts shall be adjudged. And beit further Enacted, by the authority aforesaid that if anv action, bvll, plaint or Information shall be brought moved or Prosecuted at any time hereafter against any Person or Persons for anv matter clause or thing don’ or acted, in Pursuance or execution of this act such Person or Person’s Soe sued or Prosecuted in any Court whatsoever shall and may plead the general Issue not guiltv, and give this act and the spécial matter in Evidence and if the Plaintiff or Prosecutors shall be Nonsuited or forbear further Prosecucon or suffer discontinu an ce or verdict to pasis against him the défendant, and defendts shall reçoive tribble cost for which312 LAWS OF THE COLONY OF NEW YORK. they Shall hâve the like remedy, as in case where cost by tbe Law are given to défendante Provided alway’s that no Mayor Aldermen, or Justices of the Peace, sha.ll be troubled, sued Pro- secuted or molested for any Omission, offenee or neglect by virtue of this act, but within the spare of one year, after such Omission offenee or neglect and not at any time hereafter any thing con- tained herein to the contrary thereof in any wise notwithstand- ing. Alway’s Provided and be it further Enaeted by the author- ity aforesaid the severall Collectons of ea.ch Respective City and County as aforesd shall hâve Liberty to pay the Severall respec- tive sûmes assessed as aforesaid at the times & day’s aforesaid in currant mon’y of New York, or for want thereof in good suffi- ciënt and MerchantabLe Provisions at the Currant Markett price. [CHAPTER 29a.] [This act is not in Livingston & Smith or Van Schaack. It is printed in full in Fowler’s Bradford, p. 77. Title only is printed in Baskett, p. 18. For note in reference to this act, see Fowler’s Bradford, p. 128. From the Minutes of the Council, for November 11, 1692, it appears that this act was amended by the Council. (See Journals of Legislative Council, p. 33.) From the Journal of the Assembly, for November 11, 1692, it appears that the Assembly did not assent to the amendments made by the Council. (See Journals of the Assembly, p. 26.) It does not appear from the minutes of the Council that the bill ever passed the Council without the amendment. It is, therefore, very doubtful, if it ever had the force of law. But the act seems to hâve been continued by ch. 57.] AN ACT for the satisfiing and Paving the debts of the government. [Passed, November 11, 1692.] The Représentatives oonvened in genarall Assembly being willing that ail such that hâve advanced mony for the support of the gaveramenit should be well jand truly payd and Satisfyed and for that purppse hâve agreed that the Rate and dutys here- inafter mentioned should be Levi ed and Collected, and pray that it may be enaeted Be it therefore Enaeted by the Grovernour and Couneill and Représentatives eonvened in generall Assembly and by the authority of the same that the Rates and dutv’s here- inafter mentioned, shall be levied and Collected and be only appropriated and applyed to the payment of such debts due for the support of the government aforesaid, and the said Rates and duty’s hereinafter mentioned hereby authorised to be Levyed and Collected shall be Quarterly pavd to such Person or Persons who are now the présent Créditons and hâve advanced mony as aforesaid their Executors Administrators or assignes in two years from the Publication hereof in Eight Quarterly paymentsLAWS OF THE COLONY OF NEW YORK. 313 and in Equall Proportions according to the greatness and Small- ness of the sûmes due without any Priority or respect to Persqns and not otherwise and that the Residue of the mony, ariseing and Payable by this Act if any be shall be appropriated and applyed from and after the payaient of the severall debt’s as aforesaid unto the support of the government and for no other use or Pur- pose whatsoever, any thing in this or any other act conteined to the contrary notwithstanding. And that from and after the Pub- lication hereof there shall be raised Levyed, Collected and payd unto their Majesties dureing the space and term of two year s after the Publication hereof as aforesaid and no Longer the Severall Rates, and duty’s hereinafter mentioned over and above ail other duty’s charges and impositions by any former act and acts set & imposed (that is to say) the rate and duty of two pence currant mony of New York, for every gallon of rum brandy or other distilled Liquors and the rate and duty of thirty shillings for every pipe of wvne and five shillings for every hogshead of Mallasses and so in proportion for a greater and lesser quantity that shall be imported into this Province, and dependancies from and after the Publication hereof; And also the rate and duty of two P Cent prime Cost upon ail other good’s of the growth Production or manifacture of Europe that shall from and after the Publication hereof be imported as aforesaid And also the rate and duty of six pounds upon every hundred pound’s vallue prime cost of the goods and Merchandizes of the growth pro- duction and manufacture of Europe that shall from and after the Publication hereof be imported into this Province and depandancies from any other part or place then their Majesties Kingdom of England Dominion of Wales and town of Berwick upon Tweed. And be it further Enacted by the authority afore- said that the severall rates and duty’s hereby imposed on the Liquors and Merchandises aforesaid shall be raised Levyed Col- lected Recovered and payd, unto their Majesties Collector or Receiver Generall for the time being dureing the term before mentioned and in the same manner and forrn and by such Rules allowances, wav’s and mean’s and under such penalties fines and forfeitures as are mentioned Expressed and directed in and by one Act of Generall Assembly made in this Présent sessions of assembly Entituled an Act for the Establishing a Revenue upon their Majesties for the support of this Province fforasmuch as it is manifest that there are severall su-ms of mony Collected and received by sundry Persons and not pajd unto their Majesties Receiver generall And also that there are severall Persons that continue and remain indebtd for the severall duty’s and impo- 40314 LAWS OF THE COLONY OF NEW YORK. sitions & excise upon Liquor’s which was formerly Established by the Late government for the defraying tbe Publick Charge thereof and that it is most reasionable and just that ail the arrear’s of the same should be raised Levyed, Collected answered and payd unto their Majesties Receiver generall, for and towards the payaient of the debts aforesaid, Be it therefore enacted by the Authority aforesaid that ail and every Person or Person’s who hâve received any sume or sum's of mony from any of their Majesties subjeets, with in this Province or under Pretence of any Duty’s impositions or Excise formerly established by the Late Government, from the Eleaventh day of August in the year of our Lord One thousand six hundred eighty and eight until the twentieth day of March, in the year of our Lord one thousand Six hundred ninty and one, And likewise ail and every Person or Persons that are in arrears, for any of the duty’s impositions or Excise as aforesaid shall within four Callender month’s after the Publication hereof corne unto their Majesties Receiver Gen- erall, at New York and there accompt with him for ail and every summe and summes of mony so Collected and received by them, and every of them, And also for what they are in arrears for any of the dutys Impositions, or Excise as aforesaid and pay the same unto him without any further delay and if anv Person or Per- sons shall refuse or neglect upon sumimon’s of their Majesties Receiver generall to account and pay the sûmes of mony found due in arrears as aforesaid it shall then be lawfull for their Majesties Receiver generall who is hereby authorized to do the same, to issue out his warrant under his hand & seule to inake dis- tress upon the goods and Chattles of such Person or Persons that shall be found indebted or in arrears as aforesaid and the same to expose to sale by publick outcrv and the produce thereof to take untill he be satisfied for the summes of money due and in arrears as aforesaid, ail which sume & sûmes of mony soe received by him shall be payd and imploved, to the uses aforesaid and in such manner and forrn aforesaid and to no other use intent or purpose whatsoever and ail the Acts and Ordinances made by the Late Governor and Councill for and concerning any of the duty’s impositions and Excise aforesaid shall remain and con- tinue in their full force and virtue untill ail the said sum’s of mony and arrear’s due thereupon be fully paid and satisfyed according to the tenour of this Act any thing herein or in any other act to the contrary hereof in any way’s notwithstanding Provided that ail Merchants and other’s who are to pay the addi- tionall rates, and Duty’s hereby established shall hâve the time of three mointh’s after their respective entry’s made for the duty’s aforesaid for the payment of the Rates and duty’s afore- said anything contained to the contrary hereof notwithstanding.LAWS OF THE COLONY OF NEW YORK. 315 THE SECOND ASSEMBLY. Second Session. (Begun Mch. 20, 1693, 5 Wm. & Mary, Benjamin Fletcher, Governor.) [CHAPTER 30.] [Ohapter 30, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in fall in Fawler’s Br&dford, upon the 9th page following p. 84. Title only is printed in Baskett, p. 21. For note in refer- ence to this act, see Fowler’s Bradford, p. CXXXII.] AN ACT for the Raiseing six Thousand pound’s for the Payment of Three hundred Yolunteers and their Officers to be imployed in the Reinforcement of the ffrontiers of this Province At Albany from the first day of May then next to the first day of May then next following in the vear of our Lord 1694. [Passed, April 10, 1693.] WHEKEAS upon the first day of May next the time doth Expire wherein the forces lately raisedfor the defence ofthe fron- tières at Albany were to abide which continuing still dayly Exposed to the Attempts of the ffrench their Majesties declared Enemy’s, It is of absolute necessitv that they should from the said time be well Reinforced not only for the Préservation of this Province but also for the security and defence of ail their Majes- ties Subjects in the Adjacent Collonyes, and to the end that the said Purposes may be well and Truelv Effected, the. Représenta- tives Convened, in Generall Assemblv doe pray that his Excel- lency would Levv or cause to be Levyed in this and the Adjacent Collony’s Three hundred Effectuai men voluntiers to be formed into four Company’s of souldiers and Imployed in their Majes- ties Service for the Security and defence of the frontiers of this Province at Albany and there to continue dureing the time here- after mentioned and Expressed (that is to sav) That his Excel- lency doth forthwith upon the Publication hereof raise or cause to be raised as aforesaid Two hundred Effectuai men voluntiers which are to be formed into four Oompanvs of SouldiePs as aforesaid and Imployed at Albany for their Majesties Service as aforesaid and there to continue in the said service from the first day of May next untill the first day of Mav then next following that shall be in the year of our Lord one thousand six hundred nînty and four And also that his Excellency shall likewise raise316 LAWS O F THE COLONY OF NEW YORK. One hundred Effectuall men Voluntiers more, which shall like- wise be added to the four Company» aforesaid in equal Propor- eon andPosted atAlbany a» aforesaid and there only to Continue and rem/ain from the first day of November next ensueing untill the fifteenth day of March then following and no Longer. And that his Excelleney may be the better Enabled to make such Levyes as aforesaid The Représentatives Convened in generall Assembly doth pray that it may be Enacted And be it theretore Enacted by the Governour and Councill and Représentatives Convened in generall Assembly and by the authority of the same that a Levy of six thousand pound's Currant mon-y of this Pro- vince be Laid assessed raised and Levyed upon ail and every of the Inhabitants Residents and ffreeliolders, of and in this Pro vince &0 for the paying and niaintaining of the said three hun- dred Yoluntie-rsi and their Ofïicers together with the Incidentall charges that shall aiise thereon according to the establishment hereunto annexed and not otherwise and for m> other use intent or Purpose whatsoever to be Layd assessed raised and Levied in each Respective City and County throughout the Pvinc’ accord- ing to the rates Quota’s and Proporcons hereafter following (that is to say) for the City and County of New York one thou- sand four hundred and fiftv pounds being their Quota; and P co- porc on of the Levy of six thousand pounds aforesaid, for the County of Suffolk in the Island of Nassav/ twelve hundred pound's being their Quota and Proporcon as aforesaid, ffor Queen’s County in the Island of Nassaw one thousand pound's being their Quota and Proporcon as aforesaid, for King’s County in the Island of Nassaw, nine hundred pound’s being their Quota’ and Proporcon as aforesaid, for the County of West Chester five hundred and sixty pound’s being their Quota’ and Proporcon as aforesaid, for the County of Ulster and Dutchess County six hundred and thirtv pound’s being their Quota’ and Pro- porcon as aforesaid, for the County of Richmond Two hundred and thirty pounds being their Quota and Pro- porcon, as aforesaid, and for the County of Orange thirty pound’s being their quota and Proporcon as aforesaid, ail which quota's and Proporcons as aforesaid doth in the whole amount unto the sume of six thousand Pound’s Currant mon’y aforesaid, which sayd sume of six thousand pound’s shall well and truely be payd by the respective Collectors of each respective City & County aforesaid unto their Majesties Collector and Receiver generall for the time being at their Majesties Custome house in the City of New York in two Equall payment’s (that is to say) Three thousand pound’s Currant monv aforesaid being the one moytie or equall halfe part of the said six thousand pound’s atLAWS OF THE COLONY OF NEW YOEK. 317 or before the nine and twentietb day of September next being the ffeast day of Sf. Michaell the Archangell, and the other three thousand pound’s currant mon’y aforesaid being the other moity or equall halfe Pt of the Levey aforesaid at or before the twenty fifth day of March then next following being the fîeast day of the Anunciation of the blessed Virgin Mary, which shall be in the year of onr Lord One thousand six hun- dred ninty & four under the paines and Penalties hereinafter mentioned. And that the said surne of six thousand Pound's according to the Quota’s and Proportions aforesaid may be well truely and effectually assessed raised and Collected and Paid -unto their Majesties receiver generall in manner aforesaid and for the intent and Purposes aforesaid Be it further Enacted And it is herebv further Enacted by the authority aforesaid That the Mayor and Aldermen within the City of New York for the time being and the Justices of the Peace for the time being for the severall and respective Countys aforesaid for the severall County’s respectively for the which they shall be Justices of the Peac’ doe within forty days after Publication hereof Assemble meet togaether in the Court hoiises for the severall respective City’s and County’s or such other Place or Places, as they shall agréé upon amongst themselves and shall there order that the assessors and Collec- tors for the severall and respective City's Towns Mannors and Liberty’s within their severall Jurisdictions for the assessing Collecting and receiveing of the Publick rates for the defraying the Publick and necessary charges of each respective City and Countv aforesaid, Be the assessors and Gollectors for the Assessing Collecting and reeeiving the sume or sûmes of mony hereinbefore mentioned according, to the Proporcons before Expressed as to the sayd Mayor and Aldermen and Justices shall seem meet and reasonable And forasmuch as there are severall mannors and Jurisdictions within the respective County’s afo^ said who neglect and doe not Elect annually or once Every yeai assessors and Collector’s wherebv the intent of this act may be frustrated Be it therefore Enacted by the authority afore- said that if theEespective manners, and Jurisdictions within the severall County’s aforesaid shall refuse or neglect to Elect Assessors and Gollectors for the assessing of their respective mannors and Jurisdiction’s And for the Collecting the same according to the intent and direction of this Act then and in such Case the Justices of the Peace of the County’s where such mannors and Jurisdiction’s are, are herebv impowered and authorized to Nominate and appoint assessors and Gollectors for Such mannors and Jurisdictions as shall neglect or refuse318 LAWS OF THE COLONY OF NEW YORK. as aforesd which assessor’s and Collectors shall ta ail intent’s and Purposes observe the directions of this act any thing oon- tained herein to the contrary hereof in any ways notwithstand- ing And be it further Enacted by the authority aforesaid That the said Mayor Aldermen and Justices of the Peac’ for the Respec- tive City s and Gounty’s mannors and Jurisdicons hâve and shall hâve power and authority by Virtue of this act each of them by himself to administer an Oath to the said Assessor’s well, truely, equally and impartially and in due Proporcon as it shall appear to them, according to their best understanding, to assess and rate the Inhabitants resident’s and freeholder’s of the respec- tive places for which they shall be chosen assessors, And be it further Enacted by the authority aforesaid that if any Person or Persons who shall be chosen Assessors and Collectors shall deny neglect or unequally or Partially assess or refuse to make such assessment as by this act is required or shall deny neglect or refuse to collect any sume or sûmes of mony in faim before meutioned assessed that then and in such Case it shall and may be lawfull for any two Justices of the Peac’ of the City’s and County’s where such Ofïenders shall bappen to dwell or résidé and who by Virtue of this act are required and impowered to doe the same by warrant under their hand’s and seals to commit such assessor or assessor's Colector or Collectors Soe denying neglecting or unequally and partially assessing or refusing to Collect as aforesaid to the Common Goal there to remain’ with- out bayle or mainprise till he or they shall make fine and Ran- som to their Majesties for such Contempt as aforesaid. And be it further Enacted by the authority aforesaid that if any Person or Person’s of what degree or Quallity soever he or they be within this Provinc’ who< shall be assessed or rated any sume or sûmes of mony by virtue of this act to be raised and Levved shall deny’ refuse or delay to pay and satisfye the same that then it shall and may be Lawfull for any such Collectors by virtue of a warrant under the hand and seal’ of any Justice of the Peace for the City or County where such offenders shall dwell or résidé who by virtue of this act are required and authorized to grant’ and Issue forth such warrant, to Levy the same by distress and sale of such Person or Peson’s goods and Chattells returning the Over plus if any be to the Owner’s, the sume assessed & Charges of distress and sale being ffirst deducted, and where any of the good’s & Chattells shall be distrained for any of the Assessments and Rates afore- said and the Owner of the said Goods shall not within five day’s next after such distress taken and notice thereof wTith the cause of such takeing left at the house or other most known’ Place where the distress was made corne and pay to the Collector andLAWS OF THE COLONY OF NEW YOEK. 319 Eeceiver of the Assessment aforesaid that then after such dis- tress and notice as aforesaid and Expiration of the said five days the Collector or Persons destrayning shall, & may cause the goods and Chattells so distrayned to be appraised by Two sworn appra^ers to appraise the sanie, truely according to the best of their understanding and after such appraisement shall and may lawfully carry or drive the said goods and Chattles so distrained into any County or town throughout the Province, and the said goods and ChattelPs shall and may there Lawfully sell for the best Price can be gotten for the same, towards satisfaction of the rates aforesaid and of the charges of such distress appraisement and sale giveing the overplus to the owners. And also be it further Enacted by the authority aforesaid That if any Mayor Aldermen or Justice of the Peac’ within the Provinc’ who are hereby required impowered and authorised to take Effectuall care that this Act and every Article and Clause therein be duely Executed according to the true Intent and meaning thereof shall deny refuse neglect or delay to doe Perforai’ fullfill and Exécuté ail and everv or any the duty’s, Powers and authority s by this act required and impowered by him or them to be don Per- formed fullfilled and Executed and shall thereof be Canvicted before the Governour and Councill or before any of their Majes- ties Court’s of Record within this Province he or they shall suffer such pain by fine Imprisonment as by the discrétion of the said Governour and Councill and the Justices of the said Courts shall be adjudged. And be it further Enacted by the authority afore- said that if any action byll Plaint or information sliall be brot, moved or Prosecuted at any time hereafter against any Person or Persons for any matter Clause or thing don’ or acted in Persuance or execution of this act such Person or Persons soe sued or Prosecuted in any Court wrhatsoever shall and may plead the generall Issue not guilty and give this act and the speciall matter in Evidence and if the Plaintiff or Prosecutor shall be nonsuited or forbear further Prosecution or suffer discontinu- ant or verdict to pass against him, the défendant or defdts shall receive tribble cost for which thev shall hâve the like Remedy as in Case wliere coist by the Law are given to défend- ants. Provided alwav’s that no Mayor Alderman or Justice of the Peac’ shall be troubled sued Prosecuted or molested for any Omission offence or neglect by virtue of this Act but wdthin the space of one Year after such Omission Offence or neglect and not at anv time hereafter any thing contayned herein to the contrarv hereof in any w7av’s notwithstanding. Alway’s Pro- vided and be it further Enacted by the authority aforesaid That the severall Collectors of each respective City and County as aforesaid shall hâve Liberty to pay the severall and respective320 LAWS OF THE COLONY OF NEW YORK. sum’s assessed as aforesaid at the day aforesaid in Currant mony at New York, or for want thereof in good sufficient and Merchantable Provision^ at the rates and Prises hereafter specified and Expressed (to wit) good and Merchantable Pork at the rate of fifty shillings P barrell the barrell well repackt by the swom’ Parker of New York and the barrell containing thirty one gallon’s and halfe Winchester measure at Least, beef at the rate of Thirty two shillings and six Pence P barrell, wrell repackt by the sworn’ Parker of New York aforesaid, the barrell to contain’ thirty one gallons and halfe Winchester measure at Least, good Merchantable winter wheaf at four shillings P bushell, tryed tallow* at four Pence halfe penny P pound, Provided alway’s and be it further Enacted by the authority aforesaid that if it should soe happen that his Excellency pursuant to the Limitations aforesaid could not effect to raise soe many Voluntiers in manner aforesaid but that for the intent aforesaid, his Excellency should be constrayn’d to make Proportionable detachment’s in the respective Citys and County’s within this Province to Compleat the Number of the forces aforesaid then It is the true intent and meaning of this act that tiiere be onlv allowed and Payd untO' such Person or Persons soe detached as aforesaid for service aforesaid the summe of Eight penc’ P diem for each Person soe imployed as aforesaid & no more any thing contained herein or mentioned in the Establishment hereunto annexed in any way’s to the contrarv hereof notwithstanding. An Establishment for the paying of the Officers & Souldiers togeather with the Incidentall Charges which are to be raised for the Reinforcement of Albany &c. frotm the first day of May 1693 untill the fîirst day of May 1694. L.' S.^ 4 Capts. at 8s P Diem.......................* 1. 12. 4 Lieut at 4s P Diem......................... 0. 16. 4 Lieut at 3s P Diem......................... 0. 12. 1 Chirurgion at 2s 6d P diem.................. 0. 02. 6. 1 Commissary for the Store P diem............ 0. 02. 6. 1 Commissary for Muster....................... 0. 02. 6. 12 Serjeants at 18d P diem................... 0. 18. 12 Corporells at 12d P diem.................. 0. 04. 4 Drums at 12d P diem....................... 0. 04. 4 Clerks at 12d P diem...................... 0. 04. 4 Montrosses at 12d P diem................... 0. 04. 164 Private Centinells 12d P diem............... 8. 04. P diem 13. 13. 6.,LAWS OF THE COLONY OF NEW YORK. 321 h. s. D. for 365 days is 100 Private Gentinalls for 135 day's at 12d P 4991. 7., e. diem 675. 0. 0. Hospitall for sick soldiers Transportation.... Provision for the transportation bedding Levy 333. 12. 0. mony for the pay of Town’s Mayor at Albany for 365 260. 12. 6. day’s at 4s P diem 73. L. 6000. [CHAPTER 31.] [Chapter 31, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Fowler’s Bradford, p. 79, where, by a misprint, it is stated to hâve been passed at an Assembly, held in the spring of 1692. Printed in full in Baskett, p. 17. Confirmed by the King, May 11, 1697. (See Fowler’s Bradford, p. CXXXYI.) For note in référ- encé to this act, see Fowler’s Bradford, p. CXXVIII.] AN ACT for calling Long Island the Island of Nassaw. [Passed, April 10, 1693.] BE IT ENAOTED by the Govemour Councill and Representa- ties, convened in General Assembly, and by the authority of the SAME that the Island, comonlly called and knowne by the Name of Long Island, shall frorn hence forth be called the ISLAND OF NASSAW. And that after the publication hereof ail their Majesties loveing Subjects are hereby required in ail grants, Pattents Deeds Conveyances bargaines of Sale Bills, Bonds Records, and other Instruments in Writeing that shall hereafter be made granted, Conveved, bargained, sold and exe- cuted for or Concerning the said Island or any part or place within the saine OR in any County thereof to call and Denomi- nate the Said Island in ail such Deeds and Escripts as aforesaid the ISLAND OF NASSAW any thing contained in any formes Act to the contrary hereof in any wayes notwithstanding. 41322 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 32.] [Chapter 32, of Livingston & Smith and Yan Schaack, where the act is printed in full. Printed in full in Fowler’s Bradford, p. 80. Title only is printed in Baskett, p. 18, as having been passed in 1692. From the Minutes of the Council, it appears that the act was passed April 10, 1693, (See Journais of Legislative Council, p. 39.) For note in reference to this act, see Fowler s Bradford, p. CXXVIII.] An Act for Establishing certain Rates and Duties upon such Goods, Wares and merchandises as shall be brought unto their Majesties Beam in the Weigh house at New York. [Passed, April 10, 1693.] THE Représentatives convened in General Assembly being sensible of the great charge that is requisite for the présent support of the Government in this tirne of Warr, and being also willing at ail times to manifest their rnost dutifull Affections unto their Majesties with an humble and thankfull Acknowledg- ment of their Majesties niost gracions and tender regard to ye subjects within the same hâve oheerfully and unanimously given and grunted unto* their Majesties an aid and assistance for the better defraying the necessary charge, of the Goverment to be raised and Levied upon ail such goods, wares and Merchandises that shall be brought unto their Majesties Beam in the Weigh- house at NewYork, according to such rates and Duty’s & dureing such time and in such manner and form as herein after follow- eth. AND they humbly piay that it ma y be enacted, and be it therefore enacted, by the Govemour and Oouncill and Représentatives convened in Generall Assembly) and it is hereby Enacted by the Authority of the same that ail the goods wares and merchandizes herein after named and expressed, that shall from and after the Publication here of be Imported to, and Exported from this City, or that shall be bot and sold bartered or Exchanged within the same, shall be first brought unto their Majesties Beam at the Weigh House aforesaid and be there weighed and for the weighing the same, there shall bee answered and paid unto their Majesties Collecter and recoiver General for the time being or to such Person or Persons as lie shall a.uthor- ise for the attending and receiveing the same the rates and duty'S hereafter named established and expressed that is to say, for ail Sorts of silk ware about one hundred weight nine Pence P hundred wTeight, floret or worsted, the same Cochannella the Same, Saffron the same Indigo Exported onlv six Pence P hundred weight, nothing for Importation Confectures the same, ail SortsLAWS OF THE COLONY OF NEW YORK. 323 of Spices the same, ïSpanish, Leather the saine-, Sugar two Pence halle penny P liundred weiglit exported nothing at Importation Candies the same Tobacco two Pence the same sarsaparilla three Pence the same Ivory the- same, ail sorts of dye wood three halfe pence P cent weiglit exported only, wool and Cotton Wooll three pence the same, dry hydes Elk and deer Skins two pence, the same, Butter three Pence the same Cheese, the same starch the same, both Exported and imported also, Tallow three pence Exported ginger the same, Hopps the same, dry fish two pence the same, brimstone two pence the saime Imported, Rosen Two pence the same Exported only Cordage three pence the same, Grocery ware two Pence the same, Bread one Penny the same, üower one Penny the same Pïtch two pence the same, and that ail broaken weights shall pay in Pportion accordingly. AYD BE IT FURTHER ENACTED by the authority afore- said that ail other species of goods wares and Merchandizes that are not herein named and Expressed'and shall yoluntarily be brought by any Person or Persons within the same, to be weighed as aforesaid Shall for such their weighing pay after the rates and Duty’s hereby establishrd and not otherwais. And for the better Oollecfting and paying the Rates and Duty's afore said, be it further enacted by the Authority aforesaid that ail such Person or Persons, that from and after the time aforesaid that shall import to or Export from, this City or shall buy sell barter or Exchange within the same any of the goods ware and Merchandises aforementioned Enumer- ated and Expressed without bringing the same ujnto their Majesties Beam aforesaid and there answer and pay the rates and duties hereby established as aforesaid, shall then for & So often as he or they shall neglect or refuse to do the same pay or forfeit unto their said Majesties the sume of two shillings and six Pence Currant Money aforesaid, for each hundred weight of such Goods, Wares and Merchandizes, as aforesaid that shall be denved or refused to be weighed as aforesaid, to be recoyered before any Justice of the Peace within the said City or in any Court within the same, by Byll plaint or Information one half unto Their Majesties their heires and suoeessors, and the other halfe unto the Informer or Prosecutor, who shall sue for the same togea.ther with cost of Prosecution PROYIDED always that the Régulation, nor any part thereof, shall not extend to compell any free holder within this Province tobringhis Goods tobe weighed who shall swear upon the holy Eyangelist bona fiede that ail such goods exported or imported are his own proper estate, and that no other Person hath directlv or indirectly any Interest therein, but that they are Exported or imported upon his own324 LAWS OF THE COLONY OF NEW YORK. proper Accot and risque which if such a Person shall be found falcely ta swear, in the Prémices shall be prosecuted against as one convicted of willfull Perjury, and that the Collecter, or such Person, as he shall appoint, shall be impowered to Administer such an Oath. THE THIRD ASSEMBLY. jFirst Session. (Begun Sept. 7, 1693, 5 Wm. & Mary, Benjamin Fletcher Govemor.). [CHAPTER 33.] [Chapter 33, of Livingston & Smith, where the title only is printed, as having been passed Mar ch 9, 1693. Chapter 35, of Yan Schaack, where the title only is printed, as having been passed March 26, 1694. Printed in full in Brinley’s Bradford, p. 92, as having been passed in 1694. Title only is printed in Baskett, p. 25, as having been passed in 1695. From the Minutes of the Council, for March 9, 1694, it appears that the act was signed by the Governor on that date. This matter was provided for by ch. 358. The act is printed here, out of its chronological order, to preserve the continuity of chapter numbering, in conformity with L. & S.] AN ACT for settling Pylotage for ail Vessels that shall corne within sandy Hook. [Passed, March 9, 1694.] Whereas by the late Easterly storm there was severall sand banks thrown off at the south of the harbour at sandy hook whereby the Entry is rendred very difficult and dangerous to ail vessels bound for this port and required an attendance of men att the hook to be in readiness to pilot tkem in to safety be it Enacted and ordained by the Governour and Councill and Rep- résentatives Convemed in Geinerall Assembly and it hereby Enacted and ordained by the authority of the same that there shall be four men appointed and commissionated by his Excel- lency the Governour tvho shall constantly attend at sorne con- venient place near the Hook with a boat to give aid and assist- ance to ail Vessels bound for this Port which they are obliged to pilot up as far as the narrowa And be it further Enacted by the authority aforesd that for Every ship or three mast Vessel that shall corne within the hook shall be paid six shillings Currant Money of this Province for Each and Every foot wuter said ship shall draw and for every byrkentine or Ketch that shall corne within the hook shall be paid five shillings currt money of this Provin for Each and every foot water said byrkentine or Ketch shall draw and for Every sloop that shall corne within the hook shall be paidLAWS OF THE COLONY OF NEW YORK. 325 Two shillings and six pence per foot for Each and Every foot Water said sloop shall draw, Except ail su ch sloops as belong to this Province and are Coasters upon the main of north America which is to be understood to> Extend from Pemiquid to Virginia inclusive which Rates hereby Established for the pilot- ing inwards of Each sliip or vessel shall be payd by the Master at Entring of Each respective ship or vessell to the Collector or Receiver Generall at the Custom House for the use of the pilots aforesaid provided alwayes that the pilots give their due attendance at the hook and use their endeavour to corne off to ail vessel s inward bound in order to the piloting them up as far as the Narrows and whatever vessell shall corne in and not find the pilots at the hook and ready as aforesd shall not be obliged to pay the sd Rates and furthermore the said pilots shall for such their négligence or want of Duty forfeit and pay unto the use of their majesties the summ of five pound and this act shall continue but for one year from the Publication hereof and no Longer. [CHAPTER 34.] [Chapter 34, of Livingston & Smith, where the title only is printed, as having been passed Mardi 10, 1693. Chapter 34, of Van Schaack, where the title only is printed, as having passed September 22, 1693. Printed in full in Fowler’s Bradford, p. 84, as having been passed at the session beginning September 12, 1693. The title only is printed in Baskett, p. 21. From the Minutes of the Council it appears that the act was passed September 22, 1693. (See .Tournais of Legislative Council, p. 48.) See ch. 24. For note in reference to this act, see Fowler’s Bradford, t\, CXXXI.] AN Act oonfirming & continuing unto their Majesties the Revenue Established by an act of Generall Assembly made in the 4th year of their Majesties Reign for defraying the publick and neeessary charges of the Government five years longer than the terrn therein mentioned. [Passed, September 22, 1693.] The Représentatives convened in Generall assembly taking into their serious considération the extraordinary Expence that the defence of this Province requires from their Majesties dure- ing this term of war and being Willing on ail occasions to give Démonstration of their constant Loyalty and dutyfull affections unto their most Excellent Majesties do humbly pray and beseech that the Revenue given and Granted unto their most sacred Majesties for the term of two years by an act of Generall Assem- bly made in the fourth year of their Majesties reigne Entituled326 LAWS OF THE COLONY OF NEW YORK. an act for establishing a revenue upon their Majesties for the defraying the publick and necessary charge» of the Government may be continued and confirmed unto their most Excellent Majesties for the time and Space of five years next after the Expiration of the tenu of the two years aforesaid, And humbly beseech that it may be Enacted and be it further Enacted by the Governour and Councill and représentatives convened in Gen- erall Assembly and by the authority of the same That the Rates Duties and Excise made payable upon Merchandizes ffurs And Liquors shall be levyed, collected and paid unto their most Excellent Majesties for the terrn and space of five years next and after the expiration of the term limitted in the Said act to commence and be computed from the 18th of May which shall be in the year of our Lord 1693 according to such Rules and Direction and under such pains and forfeitures as is contained and Enjoyned by the said act, and the aforesaid Act and every Article rule and clause therein mentioned shall be, abide and remain in full force and efïect to ail intents and purposes. dure- ing the said term of five years and no Longer as fully and in like manner as if the same were particularly and att large recited and Set down in the Body of this act any thing contained therein to the contrary hereof in any wayes notwithstanding. THE FOURTH ASSEMBLY. First Session. (Begun Mch. 1, 1694, 6 Wm. & Mary, Benjamin Fleitcher, Governor.) [CHAPTER 35.] [Chapter 35, of Livingston & Smith, where the title only is printed, afe having been passed March 24, 1693. Chapter 36, of Van Schaack, where the title only is printed, as having been passed March 26, 1694. Printed in full in Brinley’s Bradford, p 90, as having been passed in 1694. Printed in full in Baskett, p. 23, as having been passed in 1695. From the Minutes of the Council, it appears that the act was signed March 24, 1694. The act was confirmed by the King, May 11, 1697. (See Fowler’s Bradford, p. CXXXVI.) The act is presented here, out of its chronological order, to preserve the continuity of chapter num'bering, in conformity with L. & S.] An Act against unlawful by laws and Unreasonable forfeitures. [Passed, March 24, 1694.] In ail humble manner the Représentatives of this their Majesties Province of New Yorke show and Oomplain unto our Excellency and their Majesties Councill that the people of the Citty of NewLAWS OF THE COLONY OF NEW YORK. 327 York under colour and pretext of their Okarter or Custorn or botli bave taken upon them to make and publish Certain by Laws, Orders ordinations, régulation Wkereby tbey forbid tbe bringing of any Flower or Bread for Exportation to New Yorke under tlie Penalty of forfeiture of the sanie wliich said Gitty being tbe principal Port of tbis Province for tbe sending fortk tbe produce and Manufacturage tbereof and tbe Cbief Market witbin tbe same tbey tkereby not only prokibit tbe Importation and selling sucb flower and bread at tbe same Citty and obstruct and binder ail bolting of flower and baking of bread for Exporta- tion wbicb are Lawful Mysteries, Crafts and Trades in ail other parts of tbe Province but also arrogate to tbemselves tbe sole bolting baking Using Making. and selling of ail sucb flower and bread raised or to be produced witbin tbe Province and under colour and pretence of tbe sd orders, by laws ordinances and Régulations bave taken condemned and eonverted to tbeir own uses divers Quantities of flower belonging to severall of tbeir Majesties good Subjects of tbis Province ail whicb being contrary to law, to tbe grievous damage and Impoverisbing of many of tbeir majesties good people and tbe said by laws and orders unresonable and of evil Dangerous and pernicious Conséquence to ail tbeir Majesties subjects of the Province tbey therefore most Earnestly pray tbat it ma y be Enacted and it is bereby enacted by bis Exeellency tbe Councill and tbe représentatives of tbis tbeir majesties Province in Generali Asseimbly met and assem- bled and by tbe Autbority of tbe same that the sd pretended by laws, orders, ordinances or Régulations of the people of New Yorke aforesd made in tbe naine of Tbe mayor Alderman and Commonality of tbe Citty of New Yorke or in or by any other name or stile wbatsoever and Every clause or thing in The same or any other rule order or ordinanee contained In any wise Con- serning tbe restraint of Bolting of flower baking of bread or Importing of flower or bread to New York aforsd or Concerning or relating to tbe probibiting obstruction or hinderance of tbe using practicing or enjoying of any otber lawful Trade Mystery or Occupation or against the importing in or to or Exportation from tbe Citty of New Yorke or any other Lawful port in tbis Province anv wine Corn Flower bread Flesh, fish Victuals wares Merchandizes and and ail other things vendible and not by tbe common Law or Statutes of tbe Realm prohibited and ail Process Proceedings Judgments and Executions tbereupon hereafter to be issued, ordered Entered published or Executed sball be utterly void and holden for none and tbey are hereby declared void and null to ail Intents and purposes wbatsoever anv pre- tended by laws or order ordinanee Custorn Usage or Practice to328 LAWS OF THE OOLONY OF NEW YORK. the Contrary hereof in any wise notwithstanding, and further Be it Enacted by the Anthority aforesaid that if at any time after the making and publishing of this act any officer or minister or other person or persons whatsoever shall présumé by or under colour of any such pretended by laws orders ordinances or Régulations to take seize condeim or convert to his or their own use or uses any flower or other Goods or Merchandises whatso- ever not by law prohibited at any time to be Imported to or Exported from the said Citty of New Yorke or any other lawfull port in this Province he they and every of them shall forfeit to the owner of such flower bread and other goods or Merchandizeis trible the value of the flower bread or other Goods or Merchan- dizes so to be taken seized condeanned or converted as aforesd and also his tribble Costs to be recovered by accon of Debt in any of their Majesties Courts within this Province where in no Essoyn Protection or wager of law nor any more than one Impar- lance shall be allowed provided alwayes and it is the true Intent and Meaning of this Act That no ofîicer minister or other person or persons shall at any time be impeached prosecuted condemned troubled disquieted by Virtue of this act or upon any Construc- tior or Interprétation of the same for any fact Mater or thing acted done perpretrated or committed at any time before the making and publication hereof but that such officers minister or other person or Persons as to any such fact matter or thing heretofore acted, done perpretrated or committed shall be and romaine in such plight State and condition as if this Act and every clause therein contained had never been made any thing before herein Expressed to the contrary hereof in any wise notwith standing. [CHAPTER 36.] TChapter 36, of Livingston & Smith, where the act is printed in full, as having been passed March 24, 1693. Chapter 33, of Van Schaack, where the act is printed, in full, as having been passed September 22, 1693. Printed in full, in Fowler’s Bradford, p. 81, as having been passed at an Assembly begun September 12, 1693. Printed in full in Baskett, p. 19. From the Minutes of the Council, it appears, that the act was passed September 22, 1693. (See Journals of the Legislative Council, p. 48.) The act was confirmed by the King, May 11, 1697. (See Fowler’s Brad- ford, p. CXXXVI.) For note in reference to this act, see Fowler’s Brad- ford, p. CXXIX.] AN Act for Settling a Ministry & Rais- ïng a Maintenance for them in the City of New York County of Richmond Westchester and Queens County. [Passed, September 22, 1693.] WHEREAS Prophaneness and Liscentiousness hath of late over spread this Province for want of a settled MinistryLAWS OF THE COLONY OF NEW YORK. 329 throughout the same to the end the saine may be removed and the Ordinances of God daily administrai be it Enacted by the Governour and Council and Représentatives convened in Generall Assembly and by the Authority of the same that in each of the respective Cities and Connties hereafter mentioned and expressed there Shall be called indncted and established a good sufficient Protestant Minister to> officiate and hâve the care of soûls within one year next and after the publication hereof that is to say in the City of New Yorke One in the County of Richmond one in the County of Westchester two, one to hâve the care of Westchester, Eastchester, Yeanches and the Manner of Pellham, the other to hâve the care of Rye, Mamaranock and Bedford, in Queens County two one to hâve the care of Jamaica and the adjacent Towns and farms the other to hâve the care of Hempsted and the next adjacent towns and farms. And for their respective Encouragement Be it further Enacted by the authority aforesaid That there shall be annuallv and once in every year in every of the respective Cities and Counties afore- said assessed levved, collected and paid for the maintenance of each of their respective Ministers the respective sums hereafter menteoned that is to say, For the City and County of New- Yorke one hundred Pounds for the two Precincts of West- chester one hundred pounds to each flfty pounds to be paid in Country produce at money price for the County of Rich- mond fortv pounds in Country Produce at money price, and for the two precincts of Queen County one hundred and twenty pounds to each sixtv pounds in Country Produce at Money price. And for the more orderly raising the respective Maintenances for the Ministers aforesaid Be it further Enacted by the Authority aforesaid That the respective Justices of Every City and County aforesaid or anv two of them Shall every year issue out there warrants to the constables to summon the ffree- holders of every City County and Precinct aforesaid together on the 2d Tuesdav in Januarv for the chusing of ten Vistry men and two Church Wardens and the said Justices and Vistry men or major part of them are hereby impowered within ten days after the sa,id day or in anv day after as to them shall seem convenient to lay a reasonable Tax on the respective City County parish or precinct for the Maintenance of the Minister and Poor of there respective places and if they shall neglect to issue their warrants so as the Election be not made that day they shall respectively forfeit five pounds Currant money of this 42330 LAWS OF THE COLONY OF NEW YOEK. Province and in case tlie said flreeholders duely summoned as aforesaid shall not appear or appeareing do not chuse the said ten Yistry men and two church wardens that then in there default the said Justices shall within ten days after the said Tuesday or in any day after as to theau shall seem convenient lay the said reasonable Tax on the said respective places for the respective Maintenances aforesaid and if the said Justices and Vestrv men shall neglect their duty herein they shall respectively forfeit five pounds currant money aforesaid. AND be it further Enacted by the authority aforesaid that su ch of the Justices and Yistry men that shall not be présent att the time appointed to make the said tax and thereof be con- victed by a Certificate under the hands of such as do appear and hâve no sufficient Excuse for the same shall respectively forfeit five pounds Currant money aforesaid and A roll of the said Tax so made shall be delivered into the hands of the respective constables of the said Oityes County parisbes, and precints with a warrant signed by any ttvo Justices of the Peace, impowering him or them to levy THE said Tax and upon refusai to distrain and sell by publick ont cry and pay the same unto the hands of the church wardens reta'ining to him- self 12d per pounds for levy in g thereof and if any Person shall refuse to pay what he is so assessed and the said constables do ’ strain for the same ail his charges shall be paid him with such further allowance for his pains as the Said Justices or any of them shall judge reasonable and if the said Justice or Justices shall neglect to issue the said warrant he or they respectively shall forfeit five pounds currant money aforesaid, and if the said constables or any of them fail of their Duty herein They shall respectively forfeit five pounds currant money aforesaid and the church wardens so chosen shall undertake the said office and reçoive and keep a good Account of the Moneys or Goods Levied by virtue of this art and the same issue by order from the said Justice and Yistry men of the respective City es Counties pre- cinets and parishes aforesaid for the purposes and intents afore- said and not otherwise and the church wardens shall as often as thereunto required yield an Account unto the Justices and Yistry men of ail their reeeipts and disbursements and in case the church wardens or anv of them shall neglect their duty here- in they shall respectively forfeit five pounds currant money afore- said for every refuseal. And be it further enacted by the , authority aforesaid that the said church wardens in their respective precincts aforesaid shall by warrant as afore- said pay unto the respective Ministers the Maintenance aforesaidLAWS OF THE COLONY OF NEW YORK. 331 by four equal and quarterly payments under the penalty and forfeiture of five pound Currant money aforesaid for each neglect refusai or default the one half of ail which forfaitures shall be disposed of to the use of the poor in each respective precinct where the same doth arise and the other half to him or them that shall prosecute the same. ALWAYS provided and be it further Enacted by the authority aforesaid that ail and every of the respective Ministers that shall be settled into the respective Cityes Countyes and precincts aforesaid shall be called to offici- ate in their respective precincts by the respective Yestry men and church wardens aforesaid and always provided that ail for- mer agreements ruade with Ministers throughout this province shall continue and remain in their full force and virtue any thing contained herein to the cointrary hereof in any ways notwith- standing. [CHAPTER] 37.] [Chapter 37, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 89. Title only is printed in Baskett, p. 21. The act expired November 14, 1695, see chapter 42.] An Act Confirming and continuing an Act of Generall Assembly made in the fourth year of their Majesties Reign Entituled An Act for the satisfying and paying the debts of the Government one year longer than the term therein mentioned. [Passed, March 26, 1694.] Whereas it is found needfull that there should be forthwith raîsed the sum of six hundred pounds Currant money of this province for the Defraying the charges of liis Excellency Expédi- tion to Albany and the making of présents to the Indians and Whereas there is an act of Generall assembly made in the fourth • year of their majesties reign Entituled an act for the satisfying and paying the debts of the Government which doth, Expire by its own limitation upon the 14th day of november next and whereas it is thought convenient for the payment of the said sum of six hundred pounds with ten per Cent annuall Interest that the said Act Entituled An Act for the satisfying and paying the debts of the Government should be confirmed and continued in Force one year Longer than the Term therein mentioned be it therefore Enacted by the Governour and Councill and Repré- sentatives convened in Generall assembly and it is hereby Enacted by the authority of the same That the additional rate332 LAWS OF THE COLONY OF NEW YORK. and Duties made payable upon merchandize and liquors imported into tliis province by virtue of the said act shall be levyed col* lected and paid un te their Majesties receiver Generall for the tinie being at their majesties Custom house at the Citty of New Yorke for the terni and space of one whole year next and after the Expiration of the tenu limited in the said act to commence and be computed from the 14tli day of november next in this Instant yeare of our Lord 1694 and to terminate and end upon the 14th day of november then next following which shall be in the yeare of our lord one tliousand six hundred ninty and five according to sucli rules and Direction and under such Pains and forfeitures as is contained and Enjoÿed by the late said act And the aforesd act and Every article rule and Clause therein men- tioned shall be, abide continue and remain in full force virtue and Effect to ail Intents and purposes for the payaient of the said six hundred pounds with the Interest aforesaid During the said term one whole year and no* longer as fully and in Like man- ner as if the saine were particularly and at large recited and’ set down in tlie body of this act a.ny tliing contained therein to the contrary hereof in anv ways notwithstanding, allwayes pro- vided that if the said additionall rates and duties shall during the said Term of one wThole Year amount to more than the sum of six hundred pounds aforesd with the Interest aforesd then the residue or surpi usage of the sd sum shall be applyed for the satisfying and paying the Debts of the Government according to the Directions contained in the said act and to no other use or Tntent whatsoever. [OHAPTER 38.] [Chapter 38, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 89. The act does not appear in Baskett.] AN ACT to enable the Citty and County of Albanv to defray their Necessary Charge. [Passed, March 26, 1694.] FORASMUCH as the Inhabitants of the City and County of Albany hâve been during the time of the late disorders very much aggrieved wasted destroyed and impoverished by the Incursions of the French their Majesties declared enemies and that it is absolutely necessary that sonie suitable and Con- venient way should be found out for the Relief and more easieLAWS OF THE COLONY OF NEW YORK. 333 defraying of the necessary Charge of that Citty and County BEE IT THEREFOR ENACTED By the Governour and Councill and Représentatives convenfed in genarall assembly AND IT IS HEREBY ENACTED by the Authority of the same * that the Imposition or ~*ate of two per Cent shall be raised and levyed upon ail Indian Goods that are brought np to that Citty and County of Albany and there sold or Consumed and alsoe that the Impost of three pence be raised and levied upon Each gallon of Rum that is sould and consumed within that Citty and County and for the due and orderly Collecting of the sd Respective Imposts and rates the Treasurer of the sd. Citty for the time being or any appointed by him and the Mayor of the said Citty under the publick seal of the sd. Citty are hereby impowered and authorized to< appoint constitute and Establish A Collector or receiver of the rates and Imposts aforesd. who shall hâve power to reçoive the same and to enter in a far book kept for that purpose ail such sume and sums of money as shall be so Entered and reeeived for the respective Duties aforesd. THE Collectors or receivers appointing certain convenient times and places for the keeping of the office as shall be Directed by the Court of Mayor and Alderman and assistants of the sd Cittv and ail per- sons that Trade and bring up to the sd Citty and County the aforementioned Indians goods and Rum are hereby required to make a report of the Quantitv and value of Such Goods and rum they so bring up and sell in the sd. Citty and County afore- said and pay the duties and imposts hereby Established without being at any further Charge than the sd. duty and in default thereof it shall be lawfull for the Mayor treasurer or any other officer hereby authorized To issue out his or tlieir Warrants under his or their hand and seale for the seizing of ail Such Goods and Rum as shall be Embezeled and not pay the Duties aforesd one third to the Informer one third to the said Citty and County of Albany and one third to his Excellency the Governour or Commander in Chiefe for the time being Provided that ail the sums of Money fhat are hereby reeeived shall be only appropriated and applyed to the defraying of the necessary Charge of the Citty and County aforesaid and that the Treasurer Collector or Receiver for the time being shall not pay any of the Money reeeived as aforesd But by Warrt from the Mayor of the said Citty and approved by the Justices of the Peace of the sd County provided that this act shall only remain in force for the space of one vear to commence from the 18th of May next ensuing and No Longer any thing contained herein to the Contrary in any ways notwithstanding.334 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 39.] Chapter 39, of Livingston & Smith and Van Schaack, where the title only is printed, as having been passed March 26, 1694. This act is not in Brinley’s Bradford or in Baskett. In Bradford’s, 1710, ed., p. 24, and Bradford’s, 1715, ed., p. 24, the title of the act is printed as having been passed in 1695. In Bradford’s, 1732, ed., however, the error is corrected and the title of the act is printed as liaving been passed in 1694. From the Minutes of the Council, it appears that the act was passed March 26, 1694. (See «Tournais of the Legislative Council, p. 56.)] An Act for the raising and paying one hundred er officers in such Quotas and proportions in each respective Citty and County as is hereafter specified and Expressed which shall be well provided with anus and be at Albany on the first day of may next and there to continue and remain for the Security of the fronteers of this Province for the term and space of one whole year to commence on the sd first day of May next ensuing the Publication hereof and to terminate and Expire on the first Day of may then next following wThich shall be in the Year of our Lord one thousand six hundred ninetv and five which Quota's and proportions of men is as followeth viz: For the Citty and County of New Yorke fortv three Effective men for the county of Westchester seventeen Effective men for the County of Richmond Eight effective men for Kings County twenty four Effective men for Queens County two and thirty Effective Men, for suffolk County thirty five Effective men And for Ulster and Dutchess County Eleven Effective men. And to the End that the said men may be Effectually Raised according to the Quota’s and proportions aforesd Bee it Enacted b}’ the Grovernour Council and Représentatives convened in Generall assembly and by the authority of the same that if any per son or persons wrho in pursuance of such warrant or Warrants to be by his Excellency the Captain Generall issued out to the chief Military oificer or officers of Each Respective Citfy and County or Counties as aforesd shall be warned to be in Arms in order to the Raising of the one hundred and seventy men aforesd shall neglect delay or Refuse to appear in Arms or otherwiseLAWS OF THE COLONY OF NEW YORK. 335 absent him or themselves from such Duty skall forfeit for Each su ch Def ault the sume of five pounds currant inoney of New Yorke to be levied by Distress by Warrant under the kand and seal of any Justice of the peace Directed to the Constable within this Province on the Goods and Chattels of Every such Person or persons so offending as aforesd upon a Certificate of such Default made froon the Capt or chief officer of such Company in or to wkick the sd offender shall be listed or belong under his hand and seal the said Goods and Chattels so taken by Distress shall be Exposed to sale and the overplus thereof if any be shall be returned to the Person so offending the sum forfeited and charges of distress and sale being first deducted which Said sum of five pounds shall be imployed for the Encouragement & raising the Quotas of men by this Act in Each respective City & County or Countys to be raised as aforesaid and in case such person or persons so offending as aforesd sliall not hâve Goods and Chat- tels to be found to pay and satisfie the sum of five pounds aforesd such Person or persons upon Certificate and by such Warrants as aforesd shall be committed to the common Goal of the same Citty & County or Counties there to remain without bail or mainprise for the space or term of five Kalander moneths or untill he or they shall satisfie the sum of five po-unds aforesd and for the paying and maintaining the sd one hundred and seaventy men with their proper officers. Bee it further Enacted by the Authority afore- said that a levv of two Thousand six hundred and sixty pounds currant money of this Province be laid assessed raised and levyed upon ail and Every the Inhabitants Résidents ffree- holders of and in this Province towards the paying and maintaining the said one hundred and seventv men and their proper officer for the space and term of one whole year as aforesd which together with the sume of Eight hundred pounds which is and remaine a surplusage over and above what is required or due by an Act lately made Entituled an Act for the Raising six thousand pound for the payaient of three hundred Volunteers &c makes in the whole the sum of three thousand four hundred and sixty Pounds which is hereby allotted and appointed for the paying and Defraying the Inci- dentall charges of the said one hundred and seventy men with their proper officers and for no other use intent or purpose what- soever to be laid assessed raised levyed and paid to their majestie& Collecter and Receiver generall for the time being at their Majesties Custome house in the Citty of New Yorke in two Equall payments that is to say the sume of üiirteen hundred and thirty pounds being the one moyety or Equall half part of the said sum of two Thousand six hundred and sixty pounds336 LAWS OF THE COLONY OF NEW YORK. aforesd at or before the 29th day of september next Ensuing the publication hereof and the sum of thirteen hundred and thirty pounds being the other moyety or Equall half part of the said sum of two thousand six hundred and sixty at or before the 28th day of March then next following which shall be in the year of our Lord one thousand six hundred ninety and five according to the Quotas and proportions hereafter following that is to say for the Citty and County of New Yorke one thousand fifty one pounds being their Quota and proportion of the sum of 2660 £ aforesd for the County of westchester one hundred and thirty three pounds being their Quota and proportion of the 2660 £ aforesd For the County of Richmond Eighty pounds being their Quota and proportion of the pounds 2660 aforesd For Kings County three hundred forty six pounds their Quota, and pro- portion of pounds 2660 aforesd. For Queens County three hundred Eighty seven pounds being their Quota and proportion of pounds 2660 aforesd for Suffolk County four hundred and thirteen pounds being their Quota and proportion of pounds 2660. For Tllster and Dutchess County two hundred thirty and six pounds being their Quota and proportion of pounds 2660 aforesd and for Orange County fourteen pounds being their Quota and proportion of pounds 2660 aforesd, And be it further Enacted by [At this point in the act, the rolls are so badly blotted as to render this clause illegible.] sd fuzileers shall be dulely and truly October next without any Delay of the same upon any pretence whatsoever And be it further Enacted by the Authority aforesaid that for the Better assessing Raising and paying the sum of twro thou- sand six hundred and sixty pounds aforesd the mayor and Aldermen within the City of New Yorke and the Justices of the Peace for the time being for The Seyerall and Respective Counties aforesd for the severall Counties Respectively for wrhich thev shall be Justices of the Peace do forthwith upon the publication hereof assemble and meet together at the Court houses for the severall respective Cittys or Counties or such other place or places as thev shall agréé upon amongst themselves and shall there order that the assessors and Collectors for the severall Respective Citties Towns mannors and liberties within their severall Jurisdictions for the assessingLAWS OF THE COLONY OF NEW YORK. 337 Collecting and receiving of the publick rates for the Defraying the publick and necessary charge of Each respective Citty and County aforesd be the assessors and Oollectors for the assessing collecting and Receiving the sum or sums of money hereinbefore mentioned according to their Quotas and proportions before Expressed as to the sd Mayor Aldermen and Justices of the peace shall seem meet and Reasonable. And be it further Enacted by the authority aforesd That the said Mayor and aldermen and Justices of the peace for the Respective Cities Counties mannors and Jurisdictions hâve and shall hâve power and authority by virtue of this act Each of them by himself to administer an Oath to the said Assessors well Truely Equally Impartially and according to their best Understanding to assess and rate the Inhabitants residents and freeholders of the respec- tive places for the which they shall be chosen assessors An be it further Enacted by the authority aforesd That if any Person or Persons who shall be chosen assessors or Collectors shall deny neglect or refuse to take the oath as aforesd or shall in any ways deny neglect or unequally and partially assess. or refuse to- make such assessment as by this Act is required or shall deny neglect or refuse to collect any sum or sums of money in form before mentioned assessed That then and in such case it shall & may be lawfull for any two of their Majesties Justices of the peace of the County where such offender shall happen to dwell or résidé and who by virtue of this act are Required and impowered to do the same by warrt under their hands and seals to commit such assessor or assessors Collector or Collectors so Denying refusing neglecting or unequally and partially assessing to ye comrnon Goale, there to Remain without bail or Mainprize till he or they shall make fine and Ransom to their Majesties for such Contempt as abovesaid. And be it further Enacted by the authority aforesd That if any person or Persons of what degree or quality soever he or they be of within this Province wiio shall be assessed or rated any sum or sums of money by virtue of this act to raised or levied shall deny refuse or Delay to pay and satisfie the same that then it shall and may be lawfull for any such Oollectors by virtue of a Warrant under the hand and seal of any Justice of the peace for the City or County wThere such offender shall dwell or résidé who by virtue of this act are required and authorized to grant and issue forth Such Warrants to levy the same by distress and sale of such person or Persons Goods & Chattels returning the overplus of such Goods and 43338 LAWS OF THE COLONY OF NEW YORK. Chattles to the Owners, the sum assessed and Charges of Dis- tress and sale being first deducted if any such overplus shall happen to be And also be it further Enacted by the authority aforesd That if any Mayor Alderman or Justice of the peace within this Province who are hereby required impowered and authorized to take Effectuait care that this Act and Every arti- cle clause therein be Duly and truely Executed according to the true and genuine sence and intent thereof shall denv refuse neglect or delay to perforai fullfill and Exécuté ail and Every or any the duties powers and authorities by this Act required & impowered by him or them to be done perfomned fulfilled and Executed and shall thereof be lawfully convicted before any of their Majesties Courts of Record within this province he or they shall suffer such pain by fine & Imprisoniment as by the discré- tion of the Justices of the sd Courts shall be adjudged, And be it further Enacted by the authority aforesaid That if any action bill plaint or Information shall be brought moved or prosecuted at any time hereafter against any person or Persons for any mat- ter Cause or thing done or acted in pursuance or Execution of this act such person or Persons so sued or prosecuted in any Court whatsoever shall & may plead the generall issue not guilty & upon any Issue soe sued may give this act & the speciall matter in Evi- dence & if the plaintiff or prosecutor shall be nonsuited or forbear further prosecution or suffer discontinuance or verdict to pass against him the Défendant or Defenders shall recover their trible Costs for which They shall hâve the like remedy as in any case where costs by the lawT are given to défendants pro- vided alwayes that no Mayor Aldermen or Justices of the peace shall be troubled sued prosecuted or molested for anv omission offence or neglect by virtue of this act but within the space of one yeare after such omis- sion offence or neglect and not at any time here- after, any thing contained herein to the contrary hereof in any wise notwfithstanding. And be it further Enacted by the Author- ity aforesd That what person so Ever shall absent himself from the place of his abode after the Publication of this act writhout leave first had from his respective Captain or chief officer shall incur and be liable to the same fine and punishment as if he had been legally summoned.LAWS OF THE COLONY OF NEW YORK. 339 THE FOURTH ASSEMBLY. Second Session. (Begun Sept. 25, 1694, 6 Win. & Mary, Benjamin Fletcher, Governor.) [CHAPTER 40.] [Chapter 40, of Livingston & Smith, where tlie title only is printed as having been passed October 17, 1694. Chapter 40 of Yan Scliaack, where the title only is printed as having been passed October 22, 1694. Title only is printed in Brinley’s Bradford, p. 116. Title only is printed in Baskett, p. 21, as having been passed in October, 1694. Reprinted in Baskett, on page 26, as having been passed in 1695. The commissioners hâve been unable to obtain a copy of the act as it is not among the enrolled bills in the New York State Library. From the Minutes of the Council it appears that the act was passed October 17, 1694. (See «Tournais of Legislative Council, p. 63.)] AN ACT to enable Isaac Lanser, to set up a mill for making linseed oyl. [Passed, October 17, 1694.] [CHAPTER 41.] [Chapter 41, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 114. Title only is printed in Baskett, p. 21. The original law is not in the office of the Secretary of State, nor is a transcript among the enrolled bills in the New York State Library. Tins copy is made from Brinley’s Bradford. From the Minutes of the Council, it appears that the act was passed October 22, 1694. (See Journals of Legislative Council, p. 65.)] AN ACT for tlie raising and paying one Hundred Men, to be raised for the Re-inforc- ing the Fronteers of this Province, in the City and County of Albany. [Passed, October 22, 1694.] THE Représentatives, convened in General Assembly, taking into their Considération, that part of his Excellency’s Speech Relating to the Re-inforcing the Fronteers of this Province, in the City and Gountv of ALBANY, for this ensuing Winter Season, do pray, that his Excellency, the Captain General, do forthwith raise the Number of one Hundred Men, in suoh Quota’s & Proportions in each respective City and County, as is here- after specified and expressed, which shall be well provided with Arms, and be at ALBANY, on the first dav of NOVEMBER next ensuing the Publication hereof, and there to continue and remain for the Re-inforcement of the Fronteers aforesaid, and to be joyned to the Forces at Albany, raised by the last Act of Assem- bly, for the space and terni of four Kalender Months, and one, half, to commence on the said first dav of NOVEMBER, next ensuing the Publication hereof, and to terminate and expire on340 LAWS OF THE COLONY OF NEW YORK. tbe fifteenth day of MARCH, then next following. Which Quotas and Proportions of Men are as followeth, viz. For the City and County of NEW YORK, Twenty fiye effective Men. For the County of WESTCHESTER, Ten effective Men. For RICHMOND County, Five effective Men. For KINGS COUNTY, Fifteen effective Men. For QUEENS COUNTY, Nineteen effective Men. For SUFFOLK COUNTY, Twenty effective Men. For ULSTER and DUTCHESS County, Six effective Men. And to the end that the said Men may be effectually raised, acoording to the Quota.’s and Proportions aforesaid, Be it Enacted by the Govemour and Council, and Représentatives convened in General Asseinbly, and by the Authority of the same. That if any Person or Fersons who in Pursuance of such Warrant or Warrants, to be by his said Excellency the Captain General, issued out to the chief Military Officer or Officers of each respec- tive City and County or Counties, as aforesaid, shall be warned to be in Anus, in order to the raising one hundred Men afore- said, shall neglect, delay or refuse to> be in Arms, or otherwise absent himself, or themselves, from such duty as aforesaid, shall forfeit for each default, the suim of five Pounds, current Money of this Province, to be levyed by Distress by Warrant under the Hand and Seal of any Justice of the Peace within this Province, directed to the Constable to levy the same on the Goods and Chattles of every Person or Persons so offending, as aforesaid, upon a Certificate of such Default made, from the Captain or chief Officer of such Company, in or to which said Officer. shall be listed or belong, under his hand and seal, the said goods and Chattles so taken by Distress, shall be exposed for sale, and the overplus thereof, if any be, shall be returned to the Person so offending, the sum forfeited and Charges of Distress and sale being first deducted; which said sum of five Pounds, shall be imploved or the encouragement of and raising the Quota’s of Men aforesaid. and in case such Person or Persons so offending, as aforesaid, shall not hâve Goods and Chattles to be found to pay and satisfie the sum of five Pounds aforesaid, such Person or Persons upon Such Certificate, and by such Warrant as aforesaid,shall be committed to the common Goal of the same City and County or Counties, ther»e to remain without Bail or main prize for the space and term of five Kalender Moneths, or untii he or they shall satisfie the sum of five Pounds aforesaid. And for the paying and maintaining the said one hundred Men, Be it further Enacted by the authority aforesaid, That a Levy of five Hundred Pounds current Money aforesaid, shallLAWS OF THE COLONYT OF NEW YORK 341 be laid, assessed, raised, and levyed npon ail and every the Inhabitants, Residents and Freeholders of and in this Province for the paying & maintaining the said one hundred Men for the space and terni of four Kalendar Moneths and one half, as afore- said and for no other use, intent or purposewhatsoever. Tobelaid, assessed, raised, levyed and paid to their Majesties Collector and Receiver General for the Unie being, at their Majesties Cus- tom-House in the City of NEW-YORK, on the first Day of FEB- RIJARY, next ensuing the Publication hereof, according to the Rates and Proportions following that is to say, For the City and County of NEW-YORK, One Hundred Ninety Seven Pounds ten Shillings. For the County of WESTCHEBTER, Twenty five Pounds. For the County of RICHMOND, Fifteen Pounds. For KINGS COUNTY", Sixty. five Pounds six Shillings. For QUEENS COUNTY, Seventy two Pounds ten Shillings. For the County of SUFFOLK, Seventy seven Pounds 13 Shillings. For ULSTER & DUTCHEiSS COUNTY", Forty four Pounds seven Shillings. And for ORANGE COUNTYr, Two Pound fourteen Shillings. And be it further Enacted by the Authority aforesaid, That for the better assessing, raising and paying the sum of Five Hun- dred Pounds aforesaid, the Mayor and Aldermen of the City of NEW-YORK, the Justices of the Peace, the Assessors and Col- lectors, for the tinie being, of ail and every the respective Cities, Counties, Towns, Mannors or Liberties within this Province, are hereby required, impowered and authorized to summons, assess collect and pay the several sums of Money herein before mentioned, according to the Proportions before expressed, in such ways and means, and according to such manner, rule and direction, and under such Pains and Penalties as is contained, enjoyned, prescribed and directed in an Act of General Assetm- bly, passed in the last Sessions of Assembly, and entituled, an Act for the Raising & Paying One Hundred and Seventy Men for the Securing the Fronteers of this Province in the City and County of Albany ; and ail and every Article, Ride, Claus.\ Pnins and Penalties mentioned in the aforesaid Act, for and concerning summoning, Assessing, collecting and paying, shall be, abide and remain in full force and effect to ail intents and purposes, in as full and ample manner, for the due Execution of this Act, until the above- sàid sum of five Hundred Pounds be duelv, fully and compleatly assessed, collected and paid, as above-said directed, as fully and in like manner as if the same were particulary and at large342 LAWS OF THE COLONY OF NEW YORK. recited and set down in the body of this Act, any thing contained therein to the Contrary hereof in any wayes notwithstanding. And the May or and Aldermen of the City of NEW-YORK and ail the Justices, Assessors and Collectors of the respective Cities and Oounties within this Province, and ail others concerned herein, are to take Notice hereof accordingly. [CHAPTER 42.] [Chapter 42, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 116. Title only is printed in Baskett, p. 21. The original law is not in the office of the Secretary of State, nor is a transcript among the enrolled bills in the New York State Library. This copy was made from Brinley’s Brad- ford. From the Minutes of the Council, it appears that the act passed the Council and was signed by the Governor, October 23, 1694. (See Journals of the Legislative Council, p. 66.)] AN ACT confirming and continuing an Act of Generall Assembly made in the fourth year of their Majesties Reign Entitled AN ACT for the satisfying the debts of the Gov- ernment one year longer then the time men- tioned for its last continuance, to be imployed for the Rebuilding of their Majesties Chappel in the Fort, the mounting of 16 Great Guns and defraying the Debts of the Government. [Passed, October 23, 1694.] YY^HEREAS it is found necessary that their Majesties Chappel H in the Fort within the City of New-York should with ail convenient speed be re-built, and the great Guns lately sent by their Majesties, for the Defence of this their Majesties Province, should be forth-with mounted, the Représentatives convened in General Assembly, hum- bly pray that it may be enacted, that four hun- dred and fifty pounds may be raised towards the re-building of their Majesties said Chappel, and one hundred and fifty Pounds may be likewise raised for the Mounting of the said sixteen great Gunns. And whereas there is an Act of General Assembly, made in the fourth year of their Majesties Reign, entituled An Act for the satisfying and paying the Debts of the Government, which doth expire by its own limitation upon the fourteenth day of November next, and from thence continued by another Act of General Assembly, for the space and terni of one Year longer than the said fourteenth day of November next, which shall expire and terminate on the 4th day of November then next following, which shall be in the Year of our Lord 1696.LAWS OF THE COLONY OF NEW YORK. 343 And whereas for tke end aforesaid it is thougkt convenient that the said Act, entituled An Act for the satisfying and paying the Debts of tke Government, should be confirmed and continued in force one year longer tkan tke terni now last mentioned, Be it tkerefore Enacted by tke Governour, Council and Représenta- tives convened in General Assembly and it is kereby Enacted by tke Autkority of tke same. Tkat tke additional Rates and duties, made payable upon Merchandizes and Liquors imported into tkis Province, by virtue of tke said act, skall be levied, collected and paid unto tkeir Majesties Collector and Receiver General for tke time being, at tkeir Majesties Custom-house in tkee City of New York for tke terni and space of one wkole- year next and after tke expiration of tke terni next above expressed and men- tioned to commence & be computed from tke said 14tk day of November wkich skall be in tke year of our Lord 1695, and to terminate & end upon tke 14tk day of November tken next fol- lowing, wkick skall be in tke year of our Lord 1696, according to suck Rules and Directions, and under suck Pains, Penalties and Forfeiiures as is contained and enjoyned by tke said Act. And tke aforesaid Act and every Article Rule, Clause and Direc- tion tkerein mentioned skall be, abide, continue and remain in full force, virtue and effect to ail intents and purposes wkatso- ever, for tke payment of tke said six kundred Pounds, during tke said Term of one wkole year, and no longer, as fullv and in like ample manner as if tke same were particularly and at large recited and set down in tke Body of tkis Act, any tking contained tkerein to tke contrary tkereof in any wavs notwitkstanding. Always provided, Tkat if tke said Additional Rates and Duties, during tke said Term of one wkole Year amount to* more than tke sum of six kundred Pounds aforesaid, then tke residue or surplusage of tke said Sum skall be applyed to the satisfying and paying tke Debts of tke Government, according to the Direc- tions contained in tke said Act, and to no> otker use, intent or purpose whatsoever. And be it furtker Enacted by tke Autkority aforesaid, Tkat if any Gentlemen, Merchants, Traders, or any other Person or Per- sons shall advance tke MTiole sum of Six Hundred Pounds afore- said, or anv part tkereof, upon the crédit of tkis Act, ke or they so advancing suck Sum or Sums of Money shall be allowed for so muck of the same as they shall so advance, not exceeding the sum of six kundred Pounds aforesaid, the sum of Ten per Cent, annual interest. Tke End of tke Second Session of tke fourth Assembly.344 LAWS OF THE COLONY OF NEW YORK. THE FOURTH ASSEMBLY. Thvrd /Session. (Begun Mch 21, 1695, 7 Wm. & Mary, Benjamin Fletcher, Gover- nor.) [No acts were passed at this session.] THE FIFTH ASSEMBLY. First Session. (Begun June 20, 1695, 7 Wm. III, Benjamin Fletcher, Governor.) [CHAPTER 43.] [Chapter 43, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 100. Title only is printed in Baskett, p. 25.] AN ACT for Raising Elght hundred Pound’s for the Paying and maintaining of the Officers and Soldiers Imploy’d for the Secureing the frontiers of this Province at Albany from the Pmo. May to the Pino. August 1695. [Passed, July 2, 1695.] Whereas there hath been la.tely raised & detacht Several forces for the Sec-urity of the iïrentiers of this Province at Albany who bave been there Imploy’d for that Service from the first of May Last & are thereto continue untill the first day of August next ensueing to the End therefore that the said forces may attend the Said Service Be it Enacted by the Governor & Councill & Représentatives Convened in Generall Assembly ard by the Authority of the same that a Levv of Elght hundred Pound’s currant monv of this Province be laid assessed raised & levyed upon ail & every the Inhabitants Residenters, and ffreeholders of & in this Province for the paying & maintaining the Said forces and their proper Officers together with the incidentall charges ariseing thereon dureing the time aforesaid & for no other use intent or Purposes whatsoever to be assessed raised Levyed & paid to his Majesties Collecter and Receiver Generall for the time being at his Majesties Custome House in the Citty of New York on or before the twenty fifth day of March next Ensueing the Publication hereof according to the rates and Pporcons following (that is to Say) ffor the City & County of New York two hundred twenty four pounds for the County of Orange Eight Pound’s for the County of Westchester forty pound’s, ffor the County of Suffolk one hundred and Sixty Pound’s for Queen’sLAWS OF THE COLONY OF NEW YORK. 345 County one hundred and twelve pound’s, for King’s County one hundred fifty two pound’s, for tlie County of Richmond Sixteen Pound’s for Ulster & Dutchess County Eighty Eight Pound’s, And be it further enacted by the Autliority aforesaid that for the better assessing raising and Paying the aforesaid sumrne of Eight hundred Pounds Currant mony aforesaid the Mayor and Aldermen of the City of New York the Justices of the peace, the. assessors and Collectors for the ti'me being of ail and every the respective City’s County’s Town’s Mannors, Liberty’s or Jurisdiction’s within this Province are hereby required impow- ered and authorized to* Summons assess collect and pay the Se ver ail Sûmes of mony herein before mène on ed according to the Proporcons before expressed in Such way’s & imeans & accord- ing to such manner rule and direcon and under such paines and penalties as are oonteined enjoyned presertbed & directed in an act. of Generall Assembly Passed in the Sixth yeaF of his Majesties Reign’ Entituled an Act for the Raising and Paying one hundred and Seventy men for the secureing the fronteers of this Province ih the City and County of Albany and ail and every article rule clause pains and penaltyes menconed in the aforesaid act for and concerning the summoning assessing col- lecting and Paying or refuseing and neglecting the Execucon of thé respective duty’s required therein shall be abide and remain in full force and effect to ail intents & purposes and in as full and ample Manner for the due Execucon of this act untill the abovesaid Summe* of Eight hundred Pound’s be duely fully & conipleatly assessed collected and Payd as abovesfaid directed as fully and in like manner as if the same were particularly and at largo recited and Set down’ in the body of* this act, any thing contained therein to the contrary hereof in any wise notwith- standing and the Mayor and Aldermen of the City of New York and ail and every the Justices, assessors and collectors of the respective Cityes and Oounty’s aforesaid and ail other concerned herein are to take notice hereof accordingly. [CHAPTER 44.] [Chapter 44, of Livingston & Smith and Van Schaack, where the title only is printed, as having been passed .Tuly 3, 1695. Printed in full in Brinley’s Bradford, p. 104. Title only is printed in Baskett, p. 26, as having been passed in October, 1696. From the Minutes of the Oouneil, it appears that the act was passed .Tuly 3. 1695. (See Journal of Legis- lative Council, p. 79.) For a later act on this subject, see chapter 88.] An Act for the Encourageing of Seamen. [Passed, July 3, 1695.] Bee it Enacted by the Governour and Councill and Représenta- tives convened in Generall Assembly that whatsoever Tavern 44346 LAWS OF THE COLONY OF NEW YORK. Keeper Ale-house keeper or yictualler within the City and County of New York that skall Trust or crédit any Seamen belonging to any Ship or Vessell That is in or shall hereafter corne into the Rhoad or Harbour of the said City for any Sume of mony above the sume of Six shillings currant mony of this Province shall loose the saune and no writ or Process shall go? out against any Seamen as aforesaid at the Suite of any Tavern keeper Ale bouse keeper or Yictualler within the said City and County for any greater Summe Than Six Shillings as aforesaid, And if any Tavern keeper Ale house keeper or yictualler within the said City shall Trust or give Crédit to any Seamen that is out of Ser- vice for any greater Summe Than twelve pence P diem so Long as he shall be out of Service shall likewise Loose the same and no writt or Process shall go' out against any Seamen at the Suite of any Tavern Keeper Ale house keeper or Yictualler within the said City & County for any greater summe then the said Pro- poreon of Twelve pence per diem dureing the time as he shall be out of Service as aforesaid and if any Cierke of the Court’s of Record within the said City and County Shall Issue any writt’s against any Seamen Circumstanced as aforesaid contrary to the true Intent and meaning of this act shall for his Offence forfeit the sume of ffive pounds currant money of this Province to be Re- covered before the Mayor or Recorder or any Two of his Majes- ties Justices of the Peace of the said City and County the one half to the use of the Poor of the said City and the other half to the Informer or him who shall sue for the Same without fuhther appeale and ail Masters of Yessels Tradeing to & front the said City Shall within forty eiglit houres after his or their arrivall bring unto the Towne Clerk of the Said City a List of the Naines of ail such Seamen as he did Import or belong to his & their Yessells and the same cause to be Registered in the office of the said Towne Cierke who shall take no greater Reward for the same then one shilling currant mony aforesaid Provided that this act shall not continue in force Longer then Two years after the Publicacon hereof. [CHAPTER 45.] [Chapter 45, of Livingston & Smith and Vas Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 102. This act continues chapter 25, and is continued by ch. 77.] An Act for the continue,ing the Act for Encourageing the Post Office Three years Longer after the Expiration of the Said Act. [Passed, July 3, 1695.] Whereas The act for Encourageing the Post Office doth Expire In the month’ of Aprill next by its own Limitacon and it beingLAWS OF THE COLONY OF NEW YORK. 347 found very Advantageous ta the Inhabitants of this Pvince by the Preserving of trade & maintaining a inutuall Correspondence amongst our Neighbouring Collony’s and Plantacons Bee it Tberefore Enacted by the Governor and Oouncill & Représenta- tives convened in Generall Assembly and by the Authority of the same That the act Entituled an act for encourageing the Post Office be continued three years Longer after the Expiracon of the tirne Limitted in the Said act, and ail the rates and Sunnas of mony established by virtue of the said act upon Letters & Pacquet’s that shall be received and dispatched by the Office and Offices contamed in the said act shall be payd for the space of three years next and after the Expiracon of the terni’ Limited in the Said Act according to such rules and directions and under * such Penalty’s and forfeitures as is conteyned and Injoyned by the said act and the aforesaid Act Entituled an Act Encouraging the Post Office and every Article rule & clause therein menconed Shall be, abide remaine and continue in full force and effect to ail Intents and Purposes dureing the said terme of Three years next and after the expiracon of the terme Limited in the said Act & no Longer as fully and in like manner as if the same were Perticulerly & at large recited & Set down in the body of this Act any thing contained therein to the contrary hereof in any wayes notwithstanding. [CHAPTER 46.] [Chapter 46, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 103. Title only is printed in Baskett, p. 25.] An Act to enable the Gitty and County of Albany to defray their Necessary Charge [Passed, July 3, 1605.] Forasmuch as the Inhabitants of the City and County of Albany haye been during the time of their late Disorders yery much agrieyed wasted destroyed and Impoyerished by The Incur- sions of the French his Majesties declared Enemies and that it is absolutely necessary that same suitable and Conyenient way should be found out for their Relief e and more easie defraying of the necessary Charges of that Citty and County Bee it therefore Enacted by the Groyer- nour and Councill and Représentatives convened in Gen- erall assembly And it is hereby Enacted by the Authority of the same that the Imposition or rate of two p Cent shall be raised and Levvd upon ail Indian Goods that are brought up to that Citty and County of Albany and there sold and Consumed and alsole that the Impost of Three pence be raised and levyd upon each gallon of Rumm that is Sold and consumed within348 LAWS OF THE COLONY OF NEW YORK. the said Citty and County and for the due and orderly Collecting of the Sd Respective Imposé and Rates the Treasuerer of the sd Citty for the time being or any appointed by him and the Mayor of the said Citty under the Publick seale of the Said Citty are hereby iimpowered and authorized to appoint constitute and Establish a Collector or Receiver of the rates and Imposts afore- said who shall hâve Power to Receive the same and to enter in a fair book kept for ye Purpose ail such sume and sums of money as shall be so Entered and received for the respective Duties aforesaid the said Collector or receiver appointing certain Con- venient times & places for the keeping of the Office as shall be Directed by the Court of Mayor and Alderman and Assistants of the Said City and ail Persons that Trade and bring up to the Said City and County the afouemenconed Indian goods and Rum are hereby required to make a report of the quantity and value of such Goods and rum they so bring up and sell in the said Citty and County aforesaid and pay the duties and Imposts hereby Established without being at any further Charge than the Said duty and in default hereof it shall be lawfull for the Mayor trasurer or any. other officer hereby authorized To issue out his or their Warrants, under his or their hand and Seale for the Seizing of ail such Goods and Rumm as shall belmbezeled and not pay the Duties aforesaid, one third to the Informer one third to the said City and County of Albany and one third to his Excellency the Governour or Commander in Clieif for the time being Provided that ail the Sume and sûmes of mony that are hereby received shall be only appropriated & applyed to the defraving of the necessary charges of the Citty and County aforesaid and that the Treasurer, Collector or Receiver, for the time being shall not pay any of the Mony received as aforesaid but by Warrant from the Mayor of the said Citty and approved by the Justices of the Peace of the said County provided that this act shall only remain in force for the spaoe of Two Years & no Longer any thing contained herein to the Contrary in any ways notwithstanding. [CHAPTER 47.] [Chapter 47, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 101. Title only is printed in Baskett, p. 125.] AN ACT to Enable the City of New York To Relieve the Poor and defray their ,'neciessary and Publick charge. [Passed, July 3, 1695.] Whereas the Publick building’s belonging to the City of New York are much out of repair, the Poor in great distress the high-LAWS OF THE COLONY OF NEW YORK. 349 ways streets and Lanes so *Mirey and foui that they are Noysome to the Inhabitants of the said City as well as of his Majesties Liege Subjects resideing and travelling to and from the same and that chiefly for want of haveing a sume annually raised for the defraying the Publick and necessary charge of the sajid City to the end therefore that the Said City of New York may be the better enabled to erect or repair their Publick buildings, Relieve the Poor, amend their Highways, Pave their Streets and Lanes, and defray the other contingent Publick charge of the said City Bee it therefore Enacted by the Governour and Councill and Représentatives conveyned in Generall Assembly and by the Authority of the Same That the Mayor Recorder Aldermen and assistants of the said City for the time being, or the Major Part of them whereof the Mavor or Recorder of the Said City to be one Shall yearly in the week before the feast day of St. Michael the Archangell or within one month after the said ffeast day of St. Michael elect and appoint five good and Sufficient Gitizen*s Inhabiting within the said City who shall be called over- seers of the Poor and Publick Works and buildings of the said City &c and they or the greater part of thiem. by and with the consent of the Mayor or Recorder Aldermen and assistants of the said City are hereby authorized, Impowered and Enabled annually and once every year at the time aforesaid to Raise a reasonable Tax upon ail and every the Inhabitants, freeholders and Sojoumers within the said City toward’s the defraying the Pub- lick and necessary charges of the said City and the necessary reliefe of the Same Impotent, old blind and such others, being Poor and not able to work &c. And for the better raiseing and Levying the Tax aforesaid to defray the Publick and necessary charges and the Reliefe of the Poor aforesaid Bee it further Enacted by the Authority aforesaid that the Mayor or Recorder Aldermen and Assistants of the said City with the Overseers Soe to be Nominated as aforesaid or any Three of them shall meet together at the Least once In every three month’s at the City hall of the Said City and there to consider how much the Publick and Necessary charge and the reliefte of the Poor* of the said City Shall amount to for one year* and the estimate thereof they shall cause to be particularly Expressed in writeing (that is to say) The Particular Somme or Summes that they shall think needfull for the erecting or Repairing of their Publick buildings and the Perticular Sume as they shall esteem neces- sary for the Reliefe of the Poor* as aforesaid. And also the Per- ticuler Sume that they shall judge fit for the repairing the highway*s, Paveing and cleansing the Streets Lanes and Alley*s of the said Citty and the defraying the other contingent charges350 LAWS OF THE COLONY OF NEW YORK. of the same which Smne so Perticularized & estimated as afore- said shall be by the assessors of the said City equally and pro- portionally assessed upon the reall and Personall Estâtes of ail and every the Inhabitants freeholders and Sojourners within the said City within Twenty days at least after that they shall Receive Such Esthnate made as aforesaid under the hands and Seal es of the Mayor or Recorder or any one or more of the Aldermen and Overseers nominated as aforesaid which Tax rate or Assessment shall be proportionably assessed or Set upon the Reall and Personall Estâtes of ail and every the Inhabitants freeholders and Sojourners within the said City for one year’ for the purposes aforesd being allow’d and confirmed by the Mayor or Recorder or any two or more of the Aldjermen of the said City shall be collected by the respective Collectors of the said City and quarterly payd by every respective Inhabitant freeholder or Sojourner within the same City upon demand made •thereof by the respective Collectors aforesaid appointed to gather and collect the same and in case; of refusall or neglect shall by warrant ofthe Mayor or Recorder and any one or more of the Aldermen of the said City under their hands and seals be levy’d by distress and Sale of the offenders goods ail which Sumnie or Sûmes of mony Levy’d collected and payd as afore- said shall be by the respective Collectors aforesaid paid unto the Treasurer of the said City Quarterly and there shall remain untill the same be ordered for the purposes aforesaid by order of the common Councill of the said City and by warrant under the hand and Seule of the Mayor. And be it further Enacted by the authority aforesaid that the Mayor Ald'erman and assisstants aforesaid shall appoint A scavenger Raker or other officer to be Imployed in cleansing the streets, Lanes, Alley’s and other places aforesaid within the said City and at Least once in every week shall carry or cause to be carryed the xYshes, dirte filth and Soyle of the said Street’s, Laynes. Alley’s and other places unto such Place or Places wThere he shall think convenient. Pro- vided that it shall not be Noisome or hurtfull to any of the Inhabitants of the said City, wThich Scavenger Raker or other Officer to be Imployed as aforesaid shall hâve such yearly sallary or wages as the Mayor or Recorder Aldermen and assistants aforesaid shall in their discrétion think needfull to be Paid out of the mon’y assessed and Payd as aforesaid by warrant upon the Treasurer of the said City as aforesaid. And be it further Enacted That if the Mayor or Recorder Aldermen and Assistants aforesaid shall refuse delay or neglect to Nominale and appoint overseers yearly as is before appointed that then each of them for such default shall Loose and forfeit for every such defaultLAWS OF THE COLONY OF NEW YORK. 351 ffive pound’s to be Imployed for tbe reliefe of the Poor, of the said City to be Levyed by distress on their good’s by warrant from the Generall Sessions of the Peace of the said City. And if any Overseer assessor or Collector shall refuse neglect or delay to Serve and Exécuté the respective duty’s before menconed and required shall for each default that shall happen loose and for- feit the summe of ffive pound's to be Levy’d by distress & Imployed as aforesaid by warrant under the hand and seale of the Mayor or Recorder or any two of the Aldermen of the said City Provided that nothing herein contained shall continue or Remain Longer in force then for the space and term, of two years next after the Publicacon hereof. [CHAPTER 48.] [Chapter 48, of Livingston & Smith, where the title only is printed. The act does not appear, by title, or otherwise, in Van Schaack, Baskett, or any édition of Bradford. Livingston & Smith State that the act was passed July 8, 1695. From the Minutes of the Council, of that date, it appears, that the act passed the Council with amendments. (see .Tournais of Legislative Council, p. 80), but from the .Tournais of the Assembly, of July 3, 1695, it appears that the Assembly did not concur in the amend- ments. (See .Tournais of the Assembly, p. 58.) From the Minutes of the Council of July 4, 1695, the day of adjournment, (see Journals of Legis- lative Council, p. 80), it appears that the Governor did acquaint the Assembly that he had enacted five bills winch came over from the house. ”As for the bill to prevent désertion, since they would not concur to the amendments, it. is no matter of moment, whether it passed or not.”] An Act to prevent tbe Désertion of Soldiers, in Pay witbin this Province. [Passed, July 3, 1695.] THE FIFTH ASSEMBLY. Second Session. (Begun Oct. 1, 1695, 7 Wm. III., Benjamin Fletcber, Governor.) [CHAPTER 49.] [Chapter 49, of Livingston & Smith, where the title only is printed. Printed in full in Brinley’s Bradford, p. 113. Title only printed in Baskett, p. 26. Revived by chapter 75. Livingston & Smith and Van, Schaack state that this act was passed October 16th. From the Minutes of the Council, however, it appears to hâve been enacted October 22, 1695. (See Journals of Council, p. 84.)] AN Act for Regulating tbe Retaining Attorneys at Law. [Passed, October 22, 1695.] Whereas tbe Number of Attorneys at Law that practice at tbe Barr in tbis Province are but few and that manv persons Retain most of fhem on one side to tbe great préjudice and discourage-352 LAWS OF THE COLONY OF NEW YORK. ment of others that hâve or may hâve suits at Law to the end therefore that Justice may be Equally administred and no Room Left for Oomplaint be it Enacted by the Governour and Councill and Représentatives Convened in Generall Assembly and by the Authority of the same that from and after the publication hereof that no person or persons That shall hâve any suit at Law in any of the Courts of Record Within this Province shall Retain more then two Attor- neys at Law for the prosecution or management of any such Suit or process at Law that they shall hâve and. if they Retain anv more it shall be Lawful for the Justices of the bench where the Suit is Depending to order ail such Attorneys as shall be Retained more than two as aforesaid to plead for the other side Without Retumîïig the fee Received any thing Contained in this or any other Act To th,e Contrary hereof in any wise Notwithstanding, provided That this Act Nor any thing Contained therein shall Continue in force any Longer then two years After the publication hereof. [CHAPTER 50.] [Chapter 50, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 110. Title only is printed in Baskett, p. 26. Livingston & Smith and Yan Schaack, State that this act was passed October 17th. From the Minutes of the Council, however, it appears to hâve been enacted October 22, 1695. (See .Tournais of Legislative Council, p. 84.)] An Act for the Raising One Thousiand Pounds to be imployed by an Agent for the Représentation of the State of the Province. [Passed, October 22, 1695.] Be it Enacted by the Governour and Councill and Représenta- tives Convened in General Assembly and by the Authority of the same That the sum of One thousand pounds Currant Money of this Province be Laid Assessed Raised and Levied upon ail and Every of the Inhabitants Residents Sojourners and ffree- holders of and in this Province To be imployed by William Nicolls Esqr one of his Matyes Councel for This Province Elected and Appointed Agent by the Représentatives of The same for Repré- sentation of the State of this Province and how far The Security of the ffronteers at Albany hath been a barrier and Place of Defenoe for the Préservation of ail his Majesties Adjacent Col- lonies And Withal to Represent unto his 'Matyes the heavy bur- den that hath Lain upon the Inhabitants of this Province sinceLAWS OF THE COLONY OF NEW YORK. 351 the Beginning of this Warr and most humbly to Address ana supplicate his most Excellent Majesties That he Would be mosx Graciously pleased to Ease and free his most Dutyfull and Loyai subjects Inhabiting within this Province from the like Grievous and heavy burdens for the Future according to such Wayes ana means as his most Excellent Matye in his Great Wisdom ana Prudence shall Think meet To be Laid Assessed Raised Levied and paid unto his Majesties Collector and Receiver General for the time being at his Matyes Custome house in the City of New Yorke at or before The 25 day of March niext Ensuing the publication hereof According to the severall and Respective Quotas and proportions hereaftjer following That is to say ror the City and County of New Yorke 289L:ls being their Quota and proportion of the sum of One Thousand Pounds Currant Money aforesaid for the County of West Chester 51 L 14 being their Quota and Proportion as aforesaid for the County of Rich- mond 23L:10: being their Quota and Proportion as aforesaid for Kings County 164 L:10: being their Quota and Proportion as aforesaid for Queens County 148 L:9 being their Quota and Pro- portion as aforesaid for the County of Suffolk 169 L: 4: Being their Quota and Proportion as aforesaid for Lister and Dutchies County 84 L:12: being their Quota and Proportion as aforesaid for the County of Orange 9 L: 8: being their Quota, and Pro- portion as aforesaid. And for the City and County of Albany 60 L: being their Quota and Proportion as aforesaid. And for the better Assessing Raising Levying and paying the afore- said sum of One Thousand pounds Currant Money aforesaid be it further Enacted by the Authority aforesaid That the Mayor and Aldermen of the City and County of New Yorke the Mayor and Aldermen of the City and County of Albany The Justices of the Peace the Assessors and Collectors for the time being of ail and Every Respective Citys Countyes Towns Mannors Liber- ties or JurisdistionsWithin This Province are hereby Required and Impowered and Authorized to summons Assess Collect and pay the severall Summs of Money herein before mentioned according to the Proportions before Expressed in such Ways and Means and According to such Manner rule and direction and under such pains and penalties as are Contained Enjoyned Prescribed and directed in an Act of General 1 Assembly passed in the Sixtli year of his Majesties Reign Entituled an Act for Raising and paying One hundred and Seventy men for securing the fronteers of this Province in the City and County of Albany and ail and Every Article Rule Clause pains and penalties mentioned in the aforesaid act for and Conoerning the summoning Assessing 45354 LAWS OF THE COLON Y OF NEW YORK. Collecting and paying or Refusing and Neglecting the Execution of the Respective Duties required Therein shall be, abide and Romaine in full force and Effect to ail Intents and Purposes and in as full and Ample Manner for the due Execution of this Act untill the abovesaid sum of One thousand pounds be duly fully and Compleatly assessed collected and paid as above said directed as fully and in Like Manner as if the same were par- ticularly and at Large Recited and set down in the body of this act any thing Contained herein to the Contrary hereof in any Wise Notwithstanding and the Mayor and Aldemien of the City of New Yorke The Mayor and Aldemien of the City of Albany and ail and Every The Justices Assessors and Collectors of the Respective Cities and Counties aforesaid and ail others Con- cerned herein are to take notice hereof Accordingly. [CHAPTER 51.] [Chapter 51, of Livingston & Smitli and Van Schaack, wliere the title only is printed. Printed in full in Brinley’s Bradford, p. 107. Title only is printed in Baskett, p. 25.] An act for raising the sume of Eight liundred Sixty four pounds and fifteen shillings for the paying and maintaining a Company of fuzileers imployed on the fronteers and at présent under the Command of major Schuyler from the first of August Last Till the first of mardi Next following. [Passed, October 22, 1695.] 'Be it Enacted by the Govemour and Council and Représentatives Convened in General Assembly and by the Authority of the same that The sume of Eight hundred sixty four pounds and fifteen shillings Currant money of this province be Laid assessed raised and levied upon ail and every of the inhabitants Residenters sojourners and freeholders of and in this province for the paying and maintaining the Officers and souldiers imployed on the fron- teers and at présent under the Command of major Schuyler Now in service for fhe security of the fronteers at albany from the first dav of August Nowt last past until the first day of march next Ensuing the publication hereof according to the Estab- lishment hereunto annexed to be Laid Assessed levied and paid unto his majesties Collecter and receiver Generall for the time being at his Majestyes Custom house in the City of New Yorke at or before the 25 day of march next ensuing the publication hereof according to the several and Respective quotas and pro-LAWS OF THE COLONY OF NEW YORK. 355 portions hereafter following That is to say for tlie City and County of New Yorke the suin of 2G5£:17: being their Quota and Proportion of tlie Eight hundred sixty four pounds fifteen shillings aforesaid for ye County of Westchester the sum of 47£ :11 :6: being their Quota and proportion as aforesaid for the County of Richmond the sum of 21£ 12: 9: being their Quota and proportion as aforesaid for Kings County the sum of 151£: 7 : being their Quota and proportion as aforesaid, for Queens County 136£ : 4 : being their Quota and proportion as aforesaid for Sufiblk County the sum of 155£ : 13 : 3 be'ing their Quota and proportion as aforesaid for Ulster and Dutehess County the sum of 77£ : 16: 7: being their Quota and proportion as aforesaid for Orange County the sum of 8£: 12: 11: being their Quota and proportion as aforesaid And be it further Enacted by the Authority aforesaid that for the better assessing Rais- ing and paying the aforesaid sume of 864£ 15: Currant money aforesaid the mayor and aldermen of the City of New Yorke the Justices of the peace the assessors and Collectors for the Time being of ail and every respective Cities Counties Towns mannors Liberties or Jurisdictions within this province are hereby Required impowered and authorized to Summons assess Collect and pav the severall sunis of money hereinbefore mentioned Aceording to« the proportions before Expessed in such wayes and means And aceording to such manner Rule and direction and under such pains and penalties as are Contained enjoyed and directed in an Act of General assembly passed in the sixth year of his majesties Reigne Enti- tuled An act for the Raising and paying one hundred and seventy men for the securing the fronteers of this province in the City and County of albany and ail and every article Rule Clause pains and penalties mentioned in the aforesaid act for and Concerning the summoning assessing Collecting and paying or Refusing and Neglecting the Execution of the respective duties required therein shall be, abide and romaine in full force and Effect to ail intents and purposes and in as full and ample Manner for the due Execution of this act untill the above said sume of Eight hundred sixty and four pounds fifteen shill- ings be duely, fullv and Compleatly assessed Collected and paid as abovesiaid directed as, fullv and in the like manner as if the same were particularly and att large Recited and Set down in the body of this act anvthing Contained therein to the Oontrary here- of in anv wise notwithstanding and the mayor and aldermen of the City of New Yorke and ail and every the Justices Assessors and Collectors of the respective Cities and Councies356 LAWS OF THE COLONY OF NEW YORK. aforesaid and ail others Concerned herein are to take notice hereof accordingly. An establishment for the pay of a Com- pany of fuzileers imployed on the fronteers at présent nnder the Command of Major Schuyler for the security of the fronteers of this province in Albany froim the first day of August Last untill the first day of March njext following, viz. : the Captaine 212 days at 8s per diem......... 84 16 00 one lieutenant at 4s per diem.................... 42 08 00 one ditto at 3s per diem......................... 31 16 00 4 sergeants at ls 6d each per diem............... 63 12 00 fifty private Centinals at 12d each per diem.... 530 00 00 One Town Major at 4s per diem.................... 42 08 00 one Chyrurgeon at 2s 6d.......................... 26 10 00 for incidentalls ................................ 27 08 00 One Muster Master from the first of August to the lOth of October at 2s 6d per diem.......... 8 15 00 for ditto from the 10 of October to the first of March is 142 days at ls.................’... 07 02 00 864£ 15d 00 [CHAPTER 52.] [Chapler 52, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 112; Baskett, p. 24. Confirmed by the King, May 11, 1697. (See Fowler’s Bradford, p. CXXXVI.)] An Act against profanation of the Lords Day, called sunday [Passed, October 22, 1695.] WHEREAS the true and sincere service and Worship of G-od According to> his holy Will and Commandements, is often Prophaned and neglected by many of the Inhabitants, and sojourners Within this province who do not keep holy the Lords day but in a disorderly manner accustom themselves to travel Labouring working shooti'ng fishing Spoirting playing hoirsel racing frequenting of Tipling houses and the using many other unlawful Exercises and pastim|es upon the Lords day to the Great scandai of the holy Christian Faith be it therefore Enacted by the Governour and Councel and Représentatives Convened in General Assembly and by the Authority of the Same that from and After forty days next after the publication hereof there shall be no travelling servile Labouring and workingLAWS OF THE COLONY OF NEW YORK. 357 shooting fishing sporting playing horse Racing hunting or fre- quenting of Tipling bouses or the using of any other unlawful exercises or pastimes by any of the Inhabitants or sojourners within this province or by any of their slaves or servants on the Lord day and that every person or persons offending In the promises shall forfeit for eVery offence. the sum of six shillings Current money of this province The same to be imployed and Col- lected to the use of the poor of the place where such Offence shall be Committed and that any one Justice of the peace within the several Respective Citys and Countys within this province where such Offence shall be Committed upon his or their view Confession of the party or proof of Any one or more witnesses by Oath which the said Justice by virtue of This Act, is authorized to administer shall find any person or persons offending In thie Promises the said Justice shall give Warrant under his hand and seal to the Constables of the respective places where such offence is Committed to levy the said penalty so to be assessed by way of distress and sale of the Offenders Goods Rendring to the said Offender the overplus of the said money raised of the Goods so to be sold If any be, and in default of such distress that the party offending to be set publickly in the stocks by the space of three hours but if the offender of the promisses be either an indian or Negro slave or servant shall for Each such Offence whereof he or they shall be convicted of as aforesaid forfeit the sum of six shillings Currant money as aforesaid but in Default of not paying then the indian Negro slaves and servant offending in the premises shall receive thirteen Lashes upon the Naked Back for each Offence Committed by such Indian or Negro slave and servant as aforesaid and that if any person or Persons be sued for the Execution of this Law, he shall and may plead the Generall Issue and give the said matter of Justification in Evidence Pro- vided that no person Be sued or questioned by this Act Except he be Called in question within one moneth next after the said offence be Committed and provided also that it shall be Lawfull for any person to travel upon the Lords day or to do any Act of Necessitv and to go to the service and worship of God in any Church Or Lawful meeting within this province and from then ce to Return provided such Joumey shall not Exceed the Number of twenty miles and also provided that it shall be Lawfull for the post or any other person imployed in his majesties service or for any person imployed to bring a Physitian or a Midwife- to travel upon the Lords dav any thing contained herein to the Contrarv in anv ways notwithstanding provided that this Law shall no ways extend to anv Native or free indian within this province not professing the Christian Religion.358 LAWS OF THE COLONY OF NEW YORK. [CHAPTER J53.] [Chapter 53, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 101). Title only is printed in Baskett, p. 25.] An act for the raising the sum of seven hundred pounds to Enable his Excel- lency to keep the men that are now in the Companys appointed by his Matye and to en- courage others to List themselves in the same. [Passed, October 24, 1695.] Be it enacted by the Governor and Council and the Représenta- tives Convened in General Assembly and by the Authority of the same that a supply of seven hundred pounds Currant Money of thLs province be Laid assessed raised and Levied upon ali and Every the inhabitants residenters sojourners and freeholders of and in this province iive hundred pounds whereof to be imployed by his Excellency for the supplying the Companiea appointed by his Mayte with sundery necessaries and the other Two hun- dred pounds thereof to be imployed by his Excellency for List- ing of men to keep the said Companys full and tofree the Inhabi- tants of this province from detaohments untill the first day of May Next ensuing the publication hereof except in case of inva- tion or Rébellion to be Laid assessed raised Levied and paid unto his Matyes Collector and Receiver Generall for the time being at his Majesties Custome house in the City of New Yorke ator before the 27th day of March next ensuing the publication hereof according to the severall and Respective Quotas and proportions hereafter folio wing That is to say, for the City and County of New Yorke the sum of 215£: 5s being their Quota and proportion of seven hundred pounds Currant money as aforesaid for the County of Westchester the sum of 38£ 10 : being their Quota and proportion as aforesaid for the County of Richmond the sum of 17£ : 10 : being their Quota and proportion as aforesaid for Kings County the sum of 122£ : 10 : being their Quota and propor- tion as aforesaid for Queens County tbe sum of 110£: 5: being their Quota and Proportion as aforesaid for the County of Suf- folk the sum of l2b£: being their Quota and proportion as afore- said for Ulster and Dutches County the sum of 63£; being their Quota and proportion as aforesaid for, the County of Orange the sum of 7£ : being their Quota and proportion as aforesaid and for the Better assessing raising Levying and paying the aforesaid sum of seven hundred pounds Current Money aforesaid Bee it further enacted by the authoritv aforesaid that the Mayor and Aldermen of the City of New Yorke The Justices of the peace The Assessors and Collectors for the time being of ail andLAWS OF THE COLONY OF NEW YORK. 359 Every Respective Cities Countys Towns Mannors Liberties or Jurisdictions within this province are hereby required impowered and Authorized to sunmions assessi Collect and pay the severall suins of Money hereinbefore mentioned according to the propor- tions before expressed in such Ways and means and According to sucli Manner rule and Direction and under such pains and penal- ties as are Oontained enjoined prescribed & directed in an Act of Oenerall Assembly Passed in the sixth year of his Matyes Reigne Entituled an Act for the Raising and Paying one hun- dred And seventy men for the securing the fronters of this Province in the City and County of Albany and ail and Every article, Rule, Clause pains and Penal ties* mentioned in the afore- said act for and concerning The summoning Assessing Collecting and Paying or Refusing and Neglecting the Execution of their respective duties therein Required shall be abide and remain in full force and etfect to ail Intents and Purposes and in as full and ample Manner for the due Execution of this Act until the above said sum of seven hundred pounds be duly fully and Oom- pleatly Assessed Collected and paid as abovesaid Directed as fully and in Like Manner as if the same were Particularly and at large Recited and set Down in the Body of this Act any thing therein to the Contrary hereof in any Wise Notwithstanding and the Mayor and Aldemien of the City of New York and ail and Every the Justices Assessors and Coilectors of The Respective Cities and Counties aforesaid and ail others herein Ooncerned Are to take Notice hereof Accordingly. [CHAPTER 54.] [Chapter 54, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 111. Title only is printed in Baskett, p. 26. This act continues chapter 28, and is eon- tinued by chapter 62.] An Act for Confirming & Continuing an Act of General 1 Assembly Entituled An Act for the Establishing Courts of Judicature for the ease and benefit of Each Respective City Town and County Within this Province. [Passed, October 24, 1695.] Whereas the Act for settling of Courts of Judicature Within this province is Expired by its own Limitation and it being Needful to Confirm the same for the preventing the delay of Justice be it Enacted by the Governour and Councel and Représentatives Convened in Generall Assembly and by the authority of the same that an Act made in the fifth year of his Majesties Raign Entituled An Act for the Establishing Courts of Judicature for the ease and benefit of Each360 LAWS OF THE COLONY OF NEW YORK. Respective City Town and County Within the Province and ail and Every Article Rule and Clause therein mentioned sliall be abide continue and remain in full force and Effect To ail intents and purposes Whatsoever as Well for the keeping and houlding the severall and Respective Courts of Judicature therein mentioned at The several and Respective Town s also therein Expre&sed but also for the hearing and determining of ail Actions and Causes of Actions of what Nature soever therein Like wise mentioned and according to the Rules methods and Limitations therein Directed as fully and in Like manner as if the same were particularly and at Large Recited and set down in the body of this Act any thing Contained therein or in any other Act to the Contrary hereof in any wise Notwith- standing Provided alwayes and it is hereby Enacted that the severall and Respective Courts of Pleas held in each of the Respective Cities and Counties Within this Province Sliall hâve hereby power Authority and Juriisdiction to hear and détermine any matter or thing Rielating or Concerning Titles of Land Within their Respective Counties any thing Contained herein or in any other Law to the Contrary hereof Notwithstanding and provided alwayes and it is the truie Intent and meaning of this act That any person or persons that shall be any waves Inter- ested or Concerned in any process Wherein the Title of Land is Concerned in the said Courts shall hâve Liberty to Remove the same by habeas Corpus, Certiorari, or any other Lawfull writt and after judgement he or thev hâve the Liberty to Appeal to the Suprême Court of Judicature1 from any Sentence, Judgment and decree That shall be Given thereon, alwayes provided that this Act nor any Article, Rule or Clause therein shall Continue nor be in force Longer then two1 years from and after the pub- lication thereof. THE FIFTH ASSEMBLY. Third Session. (Begun Mch. 26, 1696, 8 Wm. m, Benjamin Fletcher, Governor.) [CHAPTER 55.] rChapter 55, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 118. Title only is printed in Baskett, p. 26.] An Act for the Better Enabling the Executors of Thomas Loyd Esqr decd for Selling of Lands for the payment of debts & porcons Settled by the said Thomas Lloyd and Patience his wife upon her Children by her former husband Robert Storv Decd. [Passed, April 16, 1696.] Whereas there are severall pièces or parcells of Ground with the houses and Appurtenances Belonging Scituate Without theLAWS OF THE COLONY OF NEW YORK. 361 North Gâte of the Citty of New York with an Island called Dyers and Oyster Island wch William Dyer Late of New York aforesaid and Mary his wife Both since deceased by their Indenture of Bargaine and sale dated the three and Twentieth day of Aprill 1686 made between them the said William and Mary of the one pt and Thomas Lloyd then of New Yorke Afore- said of the other pt for the Considération therein menconed Did grante bargaine and sell unto the said Thomas Loyd To hold to him his heires and Assignes for Ever to tlie intent that the said Thomas Loyd and his heires should from hence forth stand and Bee seised of the primisses the use of him the said Thomas Loyd and Patience his then wife dureing their joint naturall Lives and after the decea.se of Either of them to the use of the Longest liver of them their heires and assignes for Ever as by the said Indenture Recorded in the Secryes Office at New Yorke relation being thereunto had may more at Large appeare And whereas the said Thomas Lloyd and Patience his said wife by their Deed Poil : dated the Thirtieth day of Aprill 1686 importing a furtlier Déclaration of the uses of the said recited Indentures of Bar- gaine and sale to be that the said severall pièces or parcells of ground Island houses and ail other the said primisses should be and remain ingaged as security for the payaient of three hundred pounds to Enoch Story as pt of the Legacey porcon given by the Last Will and Testament of Robert Story his Last father deed and the Like summe of three hundred pounds to Mary Story as Pt of her Legacey portion given her by her said deed father Robert Story and furtlier, thev the said Thomas Loyd and Patience his wife did thereby déclaré their further Intent to be that after the decease of the Longest Liver of them the said Thomas and Patience the said severall parcells of Land Island and ail other the primisses with their appurtenances the said six hundred pounds being first paid to> the said Enoch and Marry should descend and Corne to the Y oungest Children of him the said Thomas Lloyd that is to say to his daughter Elizabeth and Margarett and to their heires and assignes for Ever as by the said Deed poil: recorded in the said Office at New Yorke may more fully appear and Whereas the said Thomas Lloyd after- wards (to-witt) in the years 1692 out of a Generous disposicon and good désigné to Encourage and promote the improvement of the said Citty as well by paying of the debts due by Robert Story deed his predeoessor as to answer his own private utility and Occasions did obtaine the Leave and concurrence of the then Mayor and Principall men of the towne for the laying out of the said severall parcells of ground into Lots and streets 46362 LAWS OF THE COLONY OF NEW TOUX. Suitable to Accomodate the same and thereupon lie the said Thomas Loyd and Patience his said wife not knowing but tliat their Sales of the primisses might Create the Purchasors a sufficient and absolute title did bargaine and sell soins pt of üie said ground With the appartenances in order to discharge the said six liundred pounds and other debts dure from the Estate of the said Robert Story deceased and Whereas the said Thomas Loyd by his Last Will and Testament dated the tenth day of September 1694 did impower his Executors or any two of them to sell dispose and Convey ail his Estate right title and Interest of in or to ail or any pt of his Lands and herdita- ments in New Yorke or elsewhere and made his said wife Patience Loyd his Son Mordecey Loyd with Isaac Norris and David Loyd his Executors and shortly after dyed after whose decease the said David Loyd and Isaac Norris tooke upon them the burthen of the said Estate Exeeutorshipp and with Con- sent of the Over Seers of the said Robert Story Last will did pay unto the said Patience Loyd the said tliree hundred pounds so as aforesaid Secured to the said Enoch and also did pay the said three hundred pounds So secured to the said Marrey unto her husband John Godfrey since their intermarrage in full perfor- mance of the Condicon or provicon contained in the said Deed poil Whereby the said primisses were pledged and bound for the payment of the said six hundred pounds as aforesaid and Whereas also that altho the said Elizabeth the surviving daughter of the said Thomas Loyd is arrived to the âge of nineteen yeares and doth Signifye her readinesse and assent to joyne with the said Executors in any act or acts that may preclude and debarr her and her heires from the said remainder or any other right Interest Remainder or Revercon of in or the said severall par- cells of Ground and other the priniissess or any pt thereof yet Nevertheless her nonage according to the strict rules of Law renders her uncapable to Exécuté any Conveyance for the releas- ing of her said right or Interest by reason whereof the said Excts are retarded in the Administracon of the said Estate and in the paying the debts due By the said Robert Story and Thomas Loyd deed for want of having the said Estate Improved to the g*reatest advantage by Sale and the said purchasors appre- hending themselves Likewise insecure Therefone for the fur- ther Securitv of the purchasers aforesaid and Better Enabling of the said Executors to Sell Convey and assure (what remains unsold of the said Ground and primisses and that the same When Sold may be converted According to the true intent and meaning of this Act for the payment of the Debts of RobertLAWS OF THE COLONY OF NEW YORK. 363 Story and Thomas Loyd and to no other use and intent What- soever and after their said debts are Well and truely paid the Residue or reniainder if any there shall bee to be Equally diyided two thirds thereof unto the said Elizabeth Loyd and the other third pt unto the said patience lier Exrs administs and Assignes for ever according to certaine Articles of Agreement made and concluded betweene the said Excutors and Patience Beareing date the 28th day of march relation being thereunto had may more fully and at Large appear may it pieuse his Excellency Benjamin ffletcher Captaine Generall and Governour in Chiefe in and over the Evince of New Yorke &c and Councill and Rep- résentatives of the Saine in Generall Assembly at the humble pétition and request of the said Patience Loyd David Loyd Isaac Norris John Godfrey and Elizabeth Loyd that it may be declared and Enacted and Bee it therefore Enacted by the Governour and Oouncill and Représentatives convened in in Generall Assembly and by the authority of the Sanie that the Enrollment and record of the said Recitad deed poil made by the said Thomas Loyd and Patience his Said wife in mannor aforesaid shall by the authority of this Generall Assembly Be made void and Cancelled and that the uses and remainders thereby raised Limited and declared or therein meant mentioned or intended to be raised Limited or declared Shall from hence forth Cease détermine and be utterly void and of none Effect and to the end and intent that the said Executors may Be The Better Enabled to pay the said debts and Portions and distribute the remainder or residue of the said Estate if any there be in manner aforesaid bee it further Enacted by the authority aforesaid that they the said Exrs of the said Thomas Loyds Last Will and Testament aforesaid their heires Exrs or assignes may be Enabled And are hereby Enabled and Tmpowered by their Conveyance to be Executed in due forme of Law as well to confirme the said Sales So made by the said Thomas and Patience Loyd in his Life time as aforesaid to the pnrchasors above mentioned and to Every of them their heires and assignes for Ever as also to Sell convey and assure ail and Every part of the Said Severall Peeces of Ground Island and ail other the primisses wth their and every of their appartenances remaining unsold by the said Tho’ and Patience to hold to such ]>erson or persons as shall purchase the same in fee Simple or otherwise the said Recited Deed poil or any article Covenant Clause proviso or Condicon therein or in any other deed whatso- ever Contained to the Contrary in any wise Notwithstanding.304 LAWS OF THE OOLONY OF NEW YORK. [CHAPTEÎR 56.] [Chapter 56, of Livingston & Smitli and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 121. Title only is printed in Baskett, p. 26.] An Act for the Paying of one hundred and twenty Effective men to be Imployed by his Excellency for the reinforcing and Btrengthening the fronteers of the Province at albany over and above the présent Num- ber of forces posted and imployed there for the Safety of this and neighbouring Pro- vinces to Continue therefore one whole year from the first of may next to the first of may in the year 1697 and for the Raising the suine of two thousand tive hundred Ninety three Pound six shilling and Eight pence to be distributed by his Excellency the Captaine Generall amongst the said men and the rest of the four Companies sent over by his Majesty. [Passed, April 18, 1696.] Whereas the forces Lately sent over by his most Excellent Majesty at the humble request and desire of his Excellency his Majestyes Captaine Generall for the ease and safety of this Pro- vince are since their arrivall much weakened by death désertion and sickness and the strengtli of the fronteers at albany thereby much Lessened to the grate Endangering ofthis and the adjacent Neighbouring Plantations that place haveing been since the war the only barrier and place of defence wliereby the Said adjacent plantations haAre been preserved frome the violence and invasions of the Enerny and Whereas it is indispensibly neces- sary that the said fronteers should be reinforced and sufficiently strengthened for the future safeguard of our said Neighbouring adjacent plantations and the Like préservation of this proAÛnce the Représentatives convened in Generall Assembly taking the same Into their serious considération by the speciall direction of his Excellencyes Speech made to them at the opening of this sessions of Generall Assembly as a, matter of great weight and a Ooonplyance thereunto as the best Return and the most acceptable service that his Majestys subjects in this province-can make unto his most sacred Majesty who in the midst of his pressures and the great and bloody war his sacred person is engaged in hath gracciously condescended to remember the littleLAWS OF THE COLONY OF NEW YORK. 365 handfull of his peuple inhabiting in this his Majesties province do therefore with the deepest sense in most humble and most dutifull acknowledgement of his Majesties most gracious favour in sending supplyes of men Artillary and other stores of war for the ease and safety of his most Loyall subjects inhabiting within His Majesties said Province as well as in rendring an intire obedence unto his Majestyes royal Command communicate in Generall Assembly by his Excellency his Majesties Oaptaine Generalls speech as aforesaid humbly pray That it may be Enacted and be it therefore Enacted by his Excellency the Governour and Oouncill and représentatives convened in Gen- erall Assembly and by the authority of the same that a found of Twenty five hundred ninety three Pounds six shillings and eight pencie Currant money of this province be Laid assessed raised and Levyed upon ail and every the inhabitants residents Sojourners and freeholders of and in this province which together with the sum of two hundred pounds like currant Money raised formerly by Yertue of an act of Assembly entituled An Act foi the raising the sume of Seven hundred pounds & makes in the whole the sume of two thousand seven hundred ninety and three pounds six shillings and eight pence to be imployed by his Excellency for the Reinforcing and strengthing the fronteers of this province at albany with one hundred and twenty effective men over and above The présent Nurnber of forces posted and imployed therefore the safety of this and Neighbouring provinces and to remain and continue there for the said service and to free the inhabitants of the province from Detachments except in case of inévitable Necessity for the space and during the terni of one viiole year to Commence on the first day of may next ensuing the publication hereof and to end and terminate upon the first day of May then next following which shall be in the year of our Lord 1697 wThich Nurnber of men are to be Listed and formed in such wrays and after such manner as his Excellency the Captaine Generall shall think fitt and the said sum of 2793£ 6s 8d to be imployed and distributed by his said Excellence" the Captaine Generall amongst the said Nurnber of 120 effective men to be posted and imployed for the rein- forceing and strengthening the fronteers as aforesaid and the. rest of the four Companies sent over by his Majesty for the ease' and safety of this Province in such Manner and proportion as to his Excellency in his discrétion shall be thought Convenient andj needful To be Laid Assessed raised and paid unto his Majesties receiver Generall for the time beiing at the City of New Yorke In tw o equall pavments the one moyety or equal half part of the said sum of 2593£ 6s 8d at or before the 29th day of September next and the other moyety or equal half part thereof at or before366 LAWS OF THE COLONY OF NEW YORK tke 25th day March tken next following whick shall be in the year of our Lord 1697 Acoording tke severall and Respective Quotas and proportions following Tkat is to- say for tke Citty and County of New Yorke Seven kundred ninety Seven pounds nine skillings being their Quota & proportion of 2593£ Os 8d for tke uses aforesaid for tke County of Westckester one kundred forty two pounds Twelve skillings and eigkt pence being tkeir Quota and proportion as aforesaid for tke uses aforesaid for tke County of Rickmond sixty four pounds sixteen skillings and Eigkt pence being tkeir Quota & proportion as aforesaid for tke uses aforesaid Kings County four kundred fifty five pounds two skillings and eigkt pence Being tkeir Quota and proportion as aforesaid for tke uses aforesaid Queens County four kundred and seven pounds tkree skillings being tkeir Quota and pro- portion as aforesaid for tke uses aforesaid Sulïolk County four kundred sixty six pounds sixteen skillings being tkeir Quota and proportion as aforesaid for tke uses aforesaid Lister and Dutckes County two kundred tkirty tkree pounds eigkt skillings being tkeir Quota and proportion as aforesaid for tke uses aforesaid and Orange County Twenty five pounds eigkteen skillings and eigkt pence being tkeir Quota and proportion as aforesaid for tke uses aforesaid and for tke assessing Levying and paying tke aforesaid sum of 2593£ 6s 8d Currant money aforesaid be it furtker Enacted by tlie Autkority aforesaid tkat tke Mayor and Aldemien of tke Citty of New Yorke tke Jus- tices of tke peace tke Assessors and Collectors for tke tirne being of ail and Every tke respective Cities Counties towns Mannors Liberties and Jurisdictions Witliin this province are liereby re- quired impowered and autliorized to summons assess collect and pay tke severall sums of money kereinbefore mentioned Accord- ing to the Proportion before expressed in sucli ways and menus and aceording to suck manner rule and direction and under suck pains and penalties as is Contained enjoyned prescribed and directed in An Act of Generall Assembly passed in tke Sixth year of his Majesties Reign entituled An Act for the raising and paying one kundred and seventy men for tke securing the fron- teers of this province in tke Citty and County of Albany and ail and Every article rule Clause pains and penalties mentioned in the Aforesaid Act for or Concerning tke sumoning assessing, col- lecting and paying or refusing and neglecting the Execution of their respective Duties therein required Bhall be abide and remain in full force and effect to ail intentsand purposes in as full and ample manner for the due Execution of this Act untill the above said sum of 2593£ 6s 8d be duely fullv and Compleately assessed Collectedand paidas above directed in As full and in likemanner as if the same were particularly and at Large recited and SetLAWS OF THE COLONY OF NEW YORK. 367 down in the body of this Act any tking Contained tberein to tke Contrary hereof in any waves notwithstanding and the Mayor and Aldennen of the Citty of New Yorke and ail and Every the Justices Assessors and Oollectors of the respective Cities and Oounties aforesaid and ail otliers herein Contained are to take Notice hereof accordingly. [CHAPTER 57.] [Chapter 57, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 123. Title only is printed in Baskett, p. 26.] An act for the Confirming and Continu- ing an Act of Generall Assembly made in fourth Year of his Majesties Reigne entituled An Act for the satisfying and paying the debts of the Government Eighteen months Longer then the time therein mentioned for the paying the Debts therein Expressud. [Passed, April 18, 1696.] The Représentatives Convened in General Assembly upon Examination of the Debts of the Government, do- find it abso- lutely Necessary that the former Additional Duty Be Continued Eighteen Months Longer then the time limitted for the expira- tion thereof for the ends and purposes liereafter mentioned and to no other purpose whatsoever be it therefore Enacted by his Excellency the Governour and Councill and Représentatives Con- vened in Generall assembly and by the authority of the same that an act of Generall Assembly made in the fourth year of his Majesties Reign entituled An Act for the Satisfying and paying the debts of the Government and since Continued by two Several Acts of Generall assembly for the purpose and ends therein mientioned untill the fourteenth day of November next shall be Continued and Confirmed from the Said 14th day of November next untill the end and terni of Eighteen kalander months then next following that is to sav from the said 14th day of November next untill the 14th day of May that shall Be in the year of our Lord 1698 and no Longer and it is further Enacted by the Author- ity aforesaid that the Additionall Rates and duties made payable upon Merchandizes and Liquors imported into this province by Virtue of the said Act shall be levied Colleeted and paid unto his Majesties Receiver Generall for the time being at his Majes- ties Custom house in the Citty of New Yorke for the terni afore- said and no Longer according to such Rules and directions and under such pains and forfeitures as is contained and enjoyned by the Said Act and the aforesaid Act and Every Article Rule and368 LAWS OF THE COLONY OF NEW YORK. Clause therein mentioned shall be abide continue and remaine in full force virtue and effect to ail Intents and purposes for the pay- ment of the Said Sum of Money hereafter mentioned in such due and equal proportions as in the aforesaid act is expressed and directed and to no other purpose or intent or in any other man- nor or proportion Whatsoever as fully and in Like manner as if the same were particularly and at Large recited and set down in the bod3T of this Act anything contained in the aforesaid Acts to the Contrary hereof in any ways notwithstanding and to the end that the Rates and Duties paid in manner aforesaid and now in hand by virtue of this Act may bb duely truely and in the proportions aforesaid paid and imployed unto the severall and respective persons and uses here after mentioned and to no other use purpose or intent whatsoever be it further Enacted by the authority aforesaid that the sume oi two thousand seven hundred& thirty four pounds eleven shillings and three farthings now in hand and raised by virtue of the said Act be distributed according to the proportions aforesaid Amongst the persons and to the uses hereafter mentioned and the residue and remainder That shall arise and become payable by virtue of this Act to be Likewise distributed in like manner aforesaid unto the purposes hereafter mentioned until the saine be Compleatly paid and Sat- isfyed that is to say for the paving and satisfying of 317£ 13s lgr due from the Oovernment for Incidental Charges expended for the security of the fronteers from the 28th day of March 1691 to the First day of may 1696 and Likewise for the paying and Satisfying the sum of 250£ together with the Interest of ten per Cent per Annum untill the same be paid due for the pay of the officers and Souldiers of Major Schuylers Company accord- ing to establishment and likewdse the sum of 1056£: 13: lld : lgr to< Coll Stephenus Cortlandt being a Debt due to him from the Grovernment and for the paym/ent thereof the Additional Duty was first raised and Likewise the sum of 1103£ 9s 8d lgr to Major brockhost and Captaine Baxters Company being a debt due As Last aforesaid and also the sume of 15£ being a debt due John Rosie and Likewise the sum of 74£ 8s to Major Wessellet being a Debt due as Last aforesaid and Likewise the Sum of 1224£ 6s 4d being a Debt due to the magistrates of albany as Last aforesaid and Likewise the sum of 77£ 8s: 8d: lof; being a Debt due to Thomas Clark as Last aforesaid,and aîso the Sum of 15£ being a Debt due to David Schuvler as Last aforesaid the whole of said Debfs for ’which the Said Additional Duty & Rates was first raised amount- ing to the sume of three thousand five hundred Sixty Six pounds Six Shillings and Eight pence and Likewise for finishing of his Majesties Chappel in the fort the Sum of 450£LAWS OF THE COLONY OF NEW YORK. 369 and Likewise thé Sum of 150£ to Coll Richard Ingoldsby for thei defraying the Extraordînary Charge he bas been at by being posted at albany for the security of thè fron- teers ail which Debts and sum s of Money amount in the Whole unto the sum of four thousand seven hundred thirty three pounds Nineteen shillings and Eight pence farthing and for the more regular payaient of the Debts aforesaid be it furfher Enacted by the authority aforesaid that within one Moenth after the Publication hereof the severall and respective Creditors hereto- fore Mentioned and Expressed shall register or cause to be registered the Debts due to them respectively in a book at his Majesties Custom house of New Yorke which his Majesties Receiver Generall for the time being shall hâve for tliat purpose Wherein he Shall likewise keep a perfect and distinct Account of the Rates and duties upon Merchandize that shall Become payable unto him by virtue Of this act and the same shall adjust every three Months and make payment thereof to the persons above mentioned their Executors Administrators or assigna in Qmrterly pa}Tments and in equal Proportions according to the greatness and smallness of the several and respective sums aforesaid and to no other use purpose nor in any manner or way whatsoever any things contained herein to the contrary hereof or in any other of the said acte netwithstanding. THE FIFTH ASSEMBLY. Fourlh Session. (Begun Sept. 12, 1696, 8 Wm. ni, Benjamin Fletcher, Governor.) [CHAPTER 58.] [Chapter 58, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 128. Title only is printed in Baskett, p. 26.] An Act for the Raising One hundred men to be listed in his Majesties three Oom- panyes posted at Albany for the Security of the fronteers and for the Raising of Twelve hundred pounds for the Encouraging such as shall list themselves ’in the said Com- panies and for the defraying of other contin- gent Charges at the sd fronteers. [Passed, October 30, 1696.] Whereas the provision that was lately mnde for the reinforcing and strengthening the ffronteers of this Province at Albany hath mot had that effect that was designed many of the Souldiers that 47370 LAWS OF THE COLONY OF NEW YORK. were listed in his Majesties Companyes and posted there haveing deserted tlie said Service whereby the Said fronteers are much weakened and his Excelleney being pleased in his speech to Recomend that one hundred men should be forthwith raised to be added to the two hundred and Twenty one men that are in his Majesties three Campanies there as a necessarv force for the Defence of that place the Représentatives convened in Generall assembly taking the sanie into their serious considération and being willing on ail Occasion ont of their dutifull and Loyal Affec- tions unto his niost Excellent Majesty to joynewith and assist his Excelleney in the great and prudent care lie hath ail wayes taken and does daily take for the Security of the Said fronteers humbly pray that it may be Enacted and be it theref are Enacted by his Excelleney the Governour and Councill and Represntatives convened in Generall assembly and by the authority of the Sanie that the Sume of Six hundred pounds Currant money of this province be laid assessed raised and levyed upon ail and Every of the Inhabitants Residents Sojourners and freeholders of, and in this province to be imployed by his Excelleney for the Raising one hundred Effective men to be listed in his Majesties Said three Companyes to be Posted there for the necessarv Defence of the Said fronteers and there to continue and romaine from the first day of November next untill the first day of Mav thon next foPowing and for the better enabling his Excelleney to rai.se* the Said one hundred effective men the Said Six hundred pounds is to be distributed in manner following that is to Say, the sume of five pounds to be given to- Such persons as Shall voluntarily list them Selves in the Said Companyes and twenty shillings to Such person or persons for Each man lie or they Shall procure to be Listed in the Said Companyes in manner aforesaid. And Whereas the Enerny by their late Incursion into the Indian Country had destroyed the two Castels of the Onondagos and Oneydes and also wasted and destroyed their Indian corn by which means the Said two Nations of Indians are constrained to disperse themselves, and their wives and children likely to perish if provision be not made for their Relief and Subsistance this ensuing winter, be it further Enacted therefore by the authority aforesaid that the Sume two hundred pounds be also laid assessed raised and levyed upon ail and everv tlie Inhabi- tants Residents Sojourners and freeholders of and in this pro- vince to be Imployed by Major peter Schuvler Major Derrick Wessells and Mr. Killian van Ransslaer, fore the procuring of corn and other necessarv Provision and the same to be Distri- buted by them among such of the said Indians aïs shall want reliefe as to their discrétion shall seem Meet and Convenient they Keeping a true and Exact account thereof And Whereas theLAWS OF THE COLONY OF NEW YORK: 371 many false alarmes that hâve lately happened in this province bave occasioned Great Charge and discontent among i\n Iuhabb tants to the End that tlie saine may for t-he future be prevented be ic furtlier Enacted by the authority aforesaid that there be the suni of two hundred pounds also laid assessed raised and leveyed upon ail and every of the inhabitants Résidants Sojourners and ffreeholders of and in this Province to be Imployed by the Said Major Schuyler Wessels and Ranslaer in the sending of Scouts of Cliristians and Indians to the lake or elsewhere to Discover the motion of the Enemy which are to be continuaily in the Said Service from. the first day of November next until the first day of may next fol- lowing and also for the payaient of those that were lately Sent out and are now in pursuit of the Enemy. And Whereas his Excellency was Necessitated to raise some money upon the crédit of the Government for the defraying of the Extraordinary charge at the time of the late Invasion of the Enemy into the Indian Country be it further Enacted by the authority aforesaid That the Sume of two hundred Pounds be also laid, assessed, raised and levyed upon ail and every the Inhabitants, Residents, Sojourners and free-holders of and in this Province, for and towards the payment of the money raised upon the Said Crédit, and the defraying of the Extraordinary charge. And Whereas the Money agreed to be raised by this act will be now presently wanting for the payment of such men as shall voluntarily list themselves as aforesaid and the supplying the other Necessities hereby granted be it further Enacted by the authority aforesaid That the Sum of one hundred pounds Like currant money afore- said be laid assessed raised and levyed upon ail and every the Inhabitants Residents Sojourners and freeholders of and in this province to be imployed for the payment of the Interest of ten per Cent for the money that shall be advanced by any person or persons for the purposes aforesaid upon the Crédit of this act ail which severall and respective sum and sums of money to be laid and assessed in manner aforesaid makes in the whole the Sume of twelve hundred pounds currant money aforesaid which sd Sume shall be laid assessed raised and paid unto his Majesties Receiver Generall for the time being at the Citty of New Yorke at or before the 25th day of Mardi next which shall be in the yeare of Our Lord 1697 for the End and purpose aforesaid and to no other End or purpose whatsoever according to the Severall and respective Quotas and proportions following that is to say for the Citty and County of New Yorke three hundred sixty five pounds for the County of Westchester sixty nine pound twelve for the County of Richmond thirty seven pounds four shillings for Kings County one hundred ninety four pound Eight shillings372 LAWS OF THE COLONY OF NE'W YORK. for Queens County one hundred ninety three pound Sixteene shil- lings for Suffolk County two hundred sixteen poundsforUlsterand Ducthess County one hundred and Eight pound for Orange County twelve ponnd and for the due and better assessing Levying and paying the Aforesaid Sume of 1200£ Currant money aforesaid Be it further Enacted by the authority aforesaid that the Mayor and Aldermen of the City of New Yorke the Justices of the peace for the time being for the severall Respective Countyes afore- said for the severall Counties respectivelv for the which they Shall be Justices of the peace do within fourt.y days after the publication hereof assemble and meet together in the court houses for the Severall and Respective Cittyes and Counties or Such other place or places as they shall agréé upon among thetm- selves and shall there order that the assessors and Collectors for the Citty of New Yorke and the Severall and Respective Towns mannors or Liberties within their Severall Jurisdictions for the assessing collecting and receiveing of the publicke Rates for the defraying of the Publick charge of each respective Citty and County aforesd be the assessors and collectors for the assess- ing collecting and receiveing the sume or sûmes of money here- inbeforementioned according to the proportion before Expressed as to the Said Mayor Aldermen and Justices shall seem meet and Reasonable. And forasmuch as there are Severall Towns Mannors and Jurisdictions within the Respective Counties afore- said who refuse neglect or do not Elect annually or once Every yeare assessors or collectors whereby the Intent. of this & other acts heretofore made and published mav be Evaded and frus- trated be it therefore Enacted by the' authority aforesaid that if any of the respective Towns mannors or Jurisdictions within the Severall Counties aforesaid shall refuse neglect delay or deny to chuse or elect Assessors and Collectors for the assessing of there Severall and respective Towns mannors or Jurisdictions and for the Collecting the Same according to the true intent meaning and direction of this and the other Acts in Such case made and provided then and in Such case it sliall and may be lawfull for the Justices of the peace or any two of them in the Counties where such Towns mannors or Jurisdictions are who are hereby impowered and authorized to nominate and appoint Assessors and collectors for Such Towns mannors and Jurisdictions as shall refuse neglect delay or deny as aforesaid or heretofore hâve refused neglected delayed or denyed which Assessors and Collectors so nominated and appointed in manner aforesaid shall to ail intents and purposes be deemed and Esteemed the assessors and collectors of the said Towns Mannors and Jurisdictions and observe and Exécuté the Directions of this and other Acts under the pains and penalties in the said act contained and menconedLAWS OF THE COLONY OF NEW YORK. 373 and. [The remainder of this act is missing from the Rolls and is copied from Brinley’s BradfordJ And be it further Enacted by the authority aforesaid, That the said Mayo-r and Aldermen, the Justices of the Peace for the respective Cities and Counties, Towns, Mannors and Jurisdic- tions, hâve and shall hâve, by virtue of this Act full Power and . Authority, each of them by himself to administer to such Asses- sor or Assessors that shall be elected or nominated and appointed in manner aforesaid. That they shall Well and Truly execute the Office of an Assessor, and Well Truly, Equally, Impartially and in due proportion assess and rate the Estâtes of the Inhabi- tants, Residents, Séjourner» and Free-holders of the respective places for which they shall be chosen, elected, nominated and appointed Assessors, according to the best skill and knowledge and therein they shall spare no Person for favour nor affection, or grieve any Person for hatred or ill will. And the said Asises- sors are hereby required to deliver one Copy of their Assessment fairly written and subscribed by them, unto the said Justices or to the Office of the Clerk of the Peace of the respective County to which they belong. And the said Justices for each respective County or any two oc more of them are hereby ordered and required to cause the said several and respective Assessments to them delivered, to be fairly written, and to sign and seal several Duplieates or Copies of the said Assessment, and one of them so signed and sealed, forthwith to deliver, or cause to be delivered unto the respective within the several and respective Cities and Counties aforesaid, and shall likewise deliver, oc cause to be delivered another fair Copy, so signed and sealed, unto the Clerk of the Peace of the respective County to which they shall belong, there to be filed and remain upon Record. And the Clerk of the Peace of each County is hereby required to transmit the S uni of the Assessment of each Town unto the Receiver Generall at New York for the time being. And be it further Enacted by the Authority aforesaid, That if any Person or Persons, who shall be chosen elected, nominated or appointed, in manner aforesaid, Assessors or Collectocs, shall deny, neglect refuse or delay, or unequallv and partially shall assess, as by this, and the other Acts are required, so shall deny, neglect, refuse or delay to eollect any Sum or Sums of Monev, in form before mentioned, assessed that then in such case it shall and mav be lawful for any two of his Majesties Justices of the Peace of the City and Counties where such Offenders shall hap- pen to dwell or résidé, and who by virtue of this Act are required and impow ered to do the same by Warrant under Hand and Seal, to commit such Assessors or Collectors, m denving, refusing neglecting or delaying, or unequally and partially assessing or374 LAWS OF THE COLONY OF NEW YORK. refusing to collect, as aforesaid, to tke common Goal, there- to remain without Bail or Mainpiize till ke or they skall make fine and Ransom to kis Majesty, for such kis Contempt as aforesaid. And upon suck Coinmit- ment, tke Justices are speedily required to nominate and appoint otker Collectors and Assessors in tkeir stead and room And Wliereas tkere are several Prsons tkat kave skut tkeir Doors, and refused to pay tke Rates assessed by virtue of several Acts of Assembly lieretofore made and provided, wkerebv tke intent of tke said Acts seeoned to be frustrated, Be it furtker Enacted by tke autkority aforesaid, Tkat if any Person or Per- sons skall longer neglect or refuse to pay tke several Rates and Assessments wkerewitli tkey were fomierly ckarged by several Acts of General Assembly keretofore made & provided, or here- after skall neglect or refuse to pay tke several Rates & Assess- ments wkerewitk ke or tkey are ckarged witk tkis Act, for or in respect of kîs or tlieir Goods & Chattles, Lands or Tenements, skall be neglected or refuse to be paid, tlien upon demand of the Collectors tkat skall be ckosen or appointed to reçoive the same, or within Ten days next and after tke said Demand, it skall and may be lawful to and for suck Collectors and tkey are hereby required, for non-payment tkereof, by Warrant under tlie hand of two Justices- of the Peace, to distrain tke person or persons so refusing or neglecting to pay by kis or tkeir Goods and Chattles, or distrain in and upon the Messuagos, Lands & Tenements so charged, & tke Goods and Chattles then and tkere found, and the distress so taken to carry away, and the same to expose to sale in tke Town or Countv where su ch Distress is made, and for want of buyers, to carry tke said Distress unto any otker place in tke Province for tke sale of tke said Distress acordingly, for the payment of tke said Rate or Assesinent, and tlie Over-plus coming by tke said sale, if any be over and above the Charges of taking and carrying away tlie said Distress, to be immediately returned to the Chvner thereof. And moreover, it skall and may be lawful to break open in tke day time any ITouse; and upon Warrant under the hani and seals of anv two or more of the said Justices, any Chest, Trunk or Box or other things, where suck Goods are, and call to tkeir assistance1 tke Constables, or any other persons within tke respective Cities, Counties, Towns, Mannors and Juris- dictions where any refusai, neglect or résistance shall be made; which said Officers and Persons are hereby required to be aid- ing & assisting in the Promises. And be it furtker Enacted by the Authoritv aforesaid, That if any Mayor, Aldermen or Justice of tke Peace within tkis Prov- ince, wko are hereby required, impowered and authorized toLAWS OF THE COLONY OF NEW YORK. 375 take effectuai eare that this Act, and every Article and Clause therein oe duely executed, according to the true intent and meaning the-reof, skall deny, neglect refuse or delay to do, per- forai, fulfil & execute ail and every the Duties, Powers & Authorities by tins Act required and impowered by him or them to be done, performed, fulfilled and executed, and shall there of be convicted before bis Excellency, the Governour and Councill, or before any of his Majesties Courts of Record within this Prov- ince, he or they shall suffer such Pain by Fine and Imprisonment, as by the discrétion of his said Excelleiicy, the Governor and Council, & the Justices oPthe said Courts shall be adjudged. And be it further Enacted by the Authority aforesaid, That if any Action, Plaint, Bill or Information shall be brought, nioved or prosecuted at any time hereafter, against any pierson or per- sons, for any matter, cause or tliing done or acted in pursuance or execution of this Act, such person or persons so suied o prose- cuted in any Court whatsoever, shall and may plead the general Issue, Not Guiity, and give this Act and the spécial mattier in Evidence. And if the Plaintiff or Prosecutor shall be Non-suited, or forbear further Prosecution or suffer Dis-continuance or Ver- dict to pass against him, the Défendant or Défendants shall recover tribble Costs, for which they shall hâve the like Remedy, as in case where Costs by the Law are given to Défendants. Provided always, That no Mavor, Alderman or Justice of the Peace shall be troubled, sued, prosecuted or molested for any Omission, Offence or Neglect by virtue of this Act, but within the space of one Year after such Omission, Offence or Neglect, and not at any Time hereafter, any thing contained herein to the contrary hereof in any wise notwithstanding. [CHAPTER 59.] [Chapter 59, of Livingston & Smitli and Yan Schaack, where the title only i« printed. Title only is printed in Brinley’s Bradford, p. 128; Baskett, p. 26. Baskett States that this act was confirmed, but does not give date of confirmation.] An Act to vacate a deed of trust exe- .cuted by John Robinson and Margareet his wife for the land now in the tentire and loccupacon of Cornélius Barneson and forthe confirming of the same unto him his heir's and assigne^ forever. [Passed, October 30, 1696.] Whereas John Robinson of Queens County on the Island of Nassaw by A certain Deed sealed with his seale bearing date the 15th dav of June in the fourth yeare of the Reigne of the Late Kong James the Second and in the yeare of Our Lord 16 Did376 LAWS OF THE COLONY OF NEW YORK. grante bargaine Sell convey and assure nnto William Niccolls and his heires One third part of a certaine neck of land coin- monly called madmans little neck witb the appartenances late in the Tenure of Richard Oornwall deceased lying and being in Queens Oounty at Cornbury Together with ail and Singular the messauges tenements bames Stables orchards Gardens arable Lands meadows Pastures Inclosures hereditaments and appar- tenances in trust for the use and uses hereafter Expressed to hâve and to hold unto the Sayd William Mccolls and his hedres in trust for and to thé use and behoof of the Sayd John Robinson and Margaret his wife for and during the NaturalJ. J Axes of him the Sayd John Robinson and Margaret his Said wife and the Naturall life of the Survivor of them two and afterwards for and to the use of the heires of the Body of the said John Robinson begotten or to be begotten and in default of Such to the right heires of the Said John Robinson forever as by the Said Deed of Indenture entered in the Records of the Said Queens County relation being thereunto had may more fully and at large appear and Whereas the said John Robinson and Margaret his wife afterwards by their certaine Deed poil baring date the 17th day of March in the yeare of our Lord 1693 for the considérations therein menconed but more Especially for the summe two hundred pounds currant money of New Yorke to them in hand paid by Cornélius Barneson of filât, Bush in Kings County Yoeman, Did Grant bargaine alien sell and confirme unto the said Cornélius Barneson his heires and Assignes for Eyer ail that certaine farine Lyeing and being in Cornbury in the bounds of flushing formerly bought of Richard Cornwell Sen’r, Deed together with ail the houses Outhouses bames stables Pastures orchard'S Gardens ways Easements woods underwoods, waters and water Courses and appur- tenances to ha\ e and to hold the prémisses unto the said Corné- lius Barneson his heires and Assignes for eyer to the sole and only proper use benefitt and behoof of him the said Cornélius Barneson his heires and Assignes for eyer as by the Said Deed, poil bearing date as aforesaid Entered in the Records of the Towne of flushing relation being thereunto had may more fully and at Large appeare and Whereas the Said John Robinson and Margaret his wife haye by their Pétition Presented to his Excel- lency Benjamin ffletcher Captaine Generall and Goyernour in Cheife of this his Majesties Province of New Yorke and Terri- toryes thereon Depending in America, the Councill and Repré- sentatives convened in Generall Assembly prayd that for their présent subsistance and that they may be the better Enabled to Pay their debts that the aforerecited deed of trust made tothe aforesaid William Nicholls for the uses therein mentioned mayLAWS OF THE COLONY OF NEW YORK. 377 by act of General Assembly be declared null voyd and of none Effect and yt the deed made unto the Sayd Cornélius Barneson may remaine Continue and abide in full force and virai e as if the said Deed of trust for the useisi within meneoned had never been Executed any thing threin to the contrary in any waves not- withstanding which just and reasonable request being takeu into considération itis declared and Enacted and bee it therefore Enacted by his Excellency the Governour and Councill and Repré- sentatives convened in Generall Assembly and by the authority of the Sanie that the aforesaid deed of trust and the enrollment and Record thereof made by the Said John Robinson unto the Said William Nicholls in manner aforesaid Shall by the authority of this Generall Assembly bee made Voyd and Cancelled and that the use and uses remainder and remainders thereby raised Limited and declared and therein meneoned or intended to be therein raised Limited or declared shall from henceforth cease détermine and bee utterly Voyd and of none Effect And to the end that the said Conne- lius Barneson may for the future peaceably and quietly possess and Enjoy ail the aforerecitedLand and Prémisses Accord- ing to the true intent and meaning of the aforesaid deed Poil. Bee it further Enacted by the authority Aforesaid that the Said Deed Poil Executed by the Said John Robinson and Margaret his wife in manner aforesaid Shall for Ever hereafter be deemed and Esteemed in the Law a Good and perfeet deed for the convey- ance of the promisses from the Said John Robinson and Margaret his wife unto him the Said Cornélius Barneson his heires and Assignes for Ever to ail intents purposes and Constructions in the Law wtsoever in as full and ample manner as if Sucli a Deed of trust had never been made any thing contained therein to the contrary thereof in any wayes Notwithstanding. THE FIFTH ASSEMBLY. F'îfth Session. (Begun Mch. 27, 1697, 9 Wm. III, Benjamin Fletcher, Governor.) [CHAPTER 60.] [Chapter 60, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley's Bradford, p. 137; title only is printed in Baskett, p. 27.] An Act to Enable the City and County of Albany To defray Their neoessary charge. [Passed, April 21, 1697.] Whereas there was an act of Generall Assembly made in the Seventh Year of His Majesties Reigne intitled an act to Enable 48378 LAWS OF THE COLONY OF NEW YORK. the City and Connty of Albany to defray their necessary charge for two years from the publication thereof which act doth Terminate by its own limitation upon the ffirst day of July next And the Représentatives of the said City and County of Albany hunibly praying That the said act may be Reveived and continued ffor two years Longer after the Expiration of the Said act Bee it therefore Enacted by His Excellency the Govern- our and Councill and Représentatives convened in Generall As- sembly And it is liereby Enacted by the Authoritv of the same, the Imposition or rate of two per Cent shall be raised and Levyed upon ail Indian go-ods that are Brought up to that City and County of Albany and tliere sold and Consumed, also that the Impost of Tliree pence be raised and Levyed upon each gallon of rum that is sold and consumed within that City and County and for the due and orderly colleeting of the Respective Imposts and Rates the Treasurer of the said City for the time being or any appointed by liim and the Mayor of the Said City under the publick seale of the said City are hereby Impowered and authorized to appoint constitute and Establish a Collector or Receiver of the rates and Impost s aforesaid wlio shall hâve Power to Receive the same and to Enter In a fair Bocke kept for that purpose ail Such Surne and Sums of money as shall be so entered, and record for the respective dutys aforesaid. The said Collector or Receiver appointing certaine convenient Times and plans for the keeping of the Office as shall be Directed by the Court of Mayor and Aldermen and Assistants of the said City & ail persons that trade and bring, up to the said City and County the aforementioned Indian goods and rum are hereby Required to make a report of the quantity and value of Such goods and rum tliey so bring up and ail Sell in the City and County aforesaid and pay the duties and Imposts Hereby Established without being at any ffurther charge then the said duty and in Default hereof it shall be lawfull for the Mayor Treasurer or any other officer hereby authorized to Issue out his or their Warrants under his or their hand and Seale for the seizing of ail Such goods & rum as shall be Embezeled and not pay the dutyes aforesaid, one third to the Informer and one third to tlie said City and County of Albany and one third to his Excellency the Governour or Commander in chiefe for the time being provided that ail the sume and sûmes of monev that are hereby Received shall be only appropriated and applyed to the defraying of the necessary charges of the City and County aforesaid and that the Treas- urer Collector or Receiver for the time being shall not payLAWS OF THE COLONY OF NEW YORK. 379 any of the money received as aforesaid but by warrant from the Major of the said City and Approved by the Justices of the peace of the County Provided that this act shal'l only remain in force for the space of Two years and no longer and to Commence upon the expiration of the former acts any thing contained herein to the contrary hereof notwithstanding. [CHAPTER 61.] [Chapter Gl. of Livingston & Smith ahd Van Schaack, where the titie only is printed. Printed in full in Brinley’s Bradford, p. 137; Baskett, p. 27. Baskett States that this act was confirmed September 5, 1700.] An Act for the Raising a Yearly Rate (to pay the respective Colleçtors in Each ^Respective City and County in this Province for their pavns in Collecting and paying the publick Rates & Taxes. [Passed, April 21, 1697.] Whereas the Respective Cities and Countyes within this Pro- vince hâve Neglected to make an Annuall Rate for the Satisfye- ing the collectors for the charge and trouble in the Collecting and paying the publick Taxes Raised in their Respective Cityes and County to the great hurt and Loss of those Collectors that hâve been Employed in the Said Service as well as the Great delay in the paying of the Said Taxes unto his Majesties Gol- lectors Receiver Generall to the end therefor that the same may be Removed Be it Enaeted by his Excellency the Governour and Council and Représentatives Convened in Generall Assem- bly and by the authority of the same thaj:j thereshaUbe the Laid and assessed Annually & oncë^very year a certaine rate in each respective Citty and County within the said Province for the paying and Satisfying the Respective Collectors of the publick taxes within their Respective Limitts and Precincts in their Respective Counties According to Such Agreement as the Respective Justices of the Respective Cities and Counties within this Province Shall make with the Severall Collectors in the Respective Cityes and Counties aforesaid provided the same Shall not Exceed Nine Pence P poundfïïnTess Queens County who may Raise a Rate for the Satisfying the Arrears due to their Respectnve Collectors within the Said County.380 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 62.] [Chapter 62, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 136. Title only is printed in Baskett, p. 27. This act continues chapters 28 and 54.] An Act for the confirming & Continueing two acts passed in the ffifth and Seventh year of His Majesties reigne for the Estab- lishing Courts of Judicature &c for one year Longer after the times mentioned In the JSaid Acts Expired by their Limitation. [Passed, April 21, 1697.] Bee it Enacted by his Excellency the Governour and Councill & Représentatives Convened in Generall Assembly and it is hereby Enacted by the authority of the Same that an act of Assembly passed in the Seventh year of the Reigne of Our Soverign Lord William the third King of England &c E/ntitled an act for confirming and continuing an act for the Establishing Courts of Judicature for the Ease and Benefitt of Eaeh Respect- ive City town and County within this province Shall be abide continue and Romaine in full force and Effect To ail intents and purposes whatsoever and ail and Every the articles Rules and Clauses mentioned In the Said act as well as ail & Every the articles Rules and Clauses Recited and mentioned in an other act of Assembly made in the ffifth year of the Reigne of our said Sovereign Lord the King that now is Intitled an act for Establishing Courts of Judicature for the Ease and Benefite of Each Respective City Towne and County within this province for and dureing the space and Terme of one whole yeare next and after the Expiration of the Time Limitted in the aforesaid act and no Longer In as full and ample manner as if ail and the aforesaid Rules Articles and Clauses were Recited Expressed and mentioned in this act any thing therein to the Oontrary hereof in any waves notwithstanding.LAWS OF THE COLONY OF NEW YORK. 381 # [CHAPTER 63.] [Chapter 63, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 134. Title only is printed in Baskett, p. 27. Livingston & Smith State that this act was passed Àpril 26, 1697. Van Schaack States that the act was passed April 22, 1697. From the Minutes of the Council, it appears that the bill was passed April 20, 1697. (See Journals of Legislative Council, p. 108.)] An Act for the raising the Sum of three and twenty hundred pounds to Enable Ihis Excellency to secure the ffronteers at Albany and for Recruiting his Majesty three Company Posted there with a Sufficient Number to Compleat three Hundred Effect- ive men to Remaine there from primo may next untill the primo may then next follow- ing and to Free the Inhabitants Dureing the Said time from Detachment. [Passed, April 20, 1697.] The Représentatives Convened in Generall Assembly in Humbly Acknowldgment of the Great and Prudent care that his Excel- lency hath taken for the Security of the ffronteers of this Prov- ince at Albany as will as that his Excellency may be the better Enabled to Secure the Said ffronteers bv Recruiting his Said Majesty three Company Posted there with A Sufficient Number of Compleat the Said Companyes three hundred Effective men and for their Encouragement to Remain there from the Primjp Day of May next to the primo day of May then Next ffollowing as also Dureing the said time to Ease the Inhabitants of the said province from any further Supplyes in assembly for the Service as well as ffree them from detarhments Except in the case of inévitable Necessity do humbly pray that it may be Enacted and Be it therefore Enacted by his Excellency the Gov- ernour and Councill and Représentatives Convened in Generall Assembly and by the authority of the same that the sum of three and twenty hundred pounds Currant money of this province be laid Assessed Levyed and Raised upon ail and every the Inhabi- tant Residents Sojourners and ffreeholders of and in this prov- ince to be imployed by his Excellency in manner and form fol- lowing that is to sav the Sume of Eighteen hundred pounds part of the said Sume of three and twenty hundred pounds for the Recruiting of his Majesties Said three Companys Posted at382 LAWS OF THE OOLONY OF NEW YORK. Âlbany for the Security of thé ffronteers of this province there witli a sufficient Nuniber to Compleat the said three Companies three hundred Effective men and for there Encouragement To Remaine there from the aforesaid primo day of May next to1 the primo day of may then next ffollowing as also dureing the said time to Ease the Inhabitants of the Said Province from any fur- ther supply in Assembly for the service as well as to free them from detachments unlesse in the case of Inévitable Necessity and also the Sume of five hundred pounds the Residue of the afore- said Sume of three and twenty hundred pounds Currant money aforesaid to be Lodged at Albany and Destributed amongst Such as Shall be Employed to Range the woods» for the Discov- ering of the motion of the Enemy on occasion and to no other Use intent or purpose whatsoever which Summ of three & twenty hundred pounds Currant money aforesaid Shall be raised assessed levyed & paid Unto His Majesties Collector and Receiver Generall for the time being at the City of New York in two Equall payments that is to Say the one moyety or half part thereof at or before the twenty ninth day of Sept ember next and the other moyety or Equall halfe part thereof at or before the twenty fifth day of March then next followûng in Sueh manner & according to the Severa.ll and Respective Quotas and propor- tions following that is to Say for the City and Oounty of New Yorke the Sume of Seven hundred and seven pound Five Shil- lings Currant money aforesaid for the County of Suffolk the Sume of four hundred and fourteen pound Currant money afore- said for Kings County the Sum of three hundred seventy two pounds twelve Shillings Currant money aforesaid for Queens County the Sum of three hundred seventy one pound nine Shil- lings Currant money aforesaid for the County s of Ulster and Dutchess the Summ of One hundred Ninety seven pounds sixtjeen Shillings Currant money aforesaid for the County of Westchester the summ of one hundred thirty three pound Eight Shillings Currant money aforesaid for the County of Richmond the sume of Eightv pounds tenu shillings Currant money aforesaid for the County of Orange the Sum of twenty three pounds Currant money aforesaid and for the due and Better Assessing Raising Levying and paying the aforesaid summ of three and twenty hundred pounds Currant money aforesaid Be it therefore furthen Enacted by the author- ity aforesaid that the Mayor Aldermen of the City of New Yorke the Justices of the peace the Assessors and Collectors for the time being of ail and Every of the Respective Cittvs and Ooantyes Townes mannors Libertyes and Jurisdietions WithinLAWS OF THE COLO!NY OF 1ŒW YORK. 383 this ^Province are hereby Required Impowered and Autkorized to Summons and assess Collect and pay the Severall Summs of money hereinbefore menconed According to the Quotas and pro- portions before Expressed in Such ways ,and means according to such rule manner and Directions and under such payns and penaltyes as are contained Enjovned Brescribed directed and nxentioned in an Act of Generall Assembly passed in the Eighth yeare of his Majesties reigne Entitled an act for the raiseing of one hundred men to Be listed in His Majesties three Oompanyes posted at albany for the Security of the tfronteers and for the raiseing of twelve hundred pounds for the Encouragement of such as shall list themselves in the said Companyes and for the Defraying of Contingent Charge at the Said ffronteers and ail and every article, rule, clause, pains and penaltyes Expressed and mentioned in the aforesaid act for and concerning the Sum- moning Assessing Collecting and paying of moyiey or for Refusing and Neglecting the Se^erall and Respective Quotas Required therein shall be abide Continue and romaine in full force and Effect to ail intents and purposes in as full and ample man- ner for the due Execution of this act untill the aforesaid summ of three and twenty hundred pounds Currant money aforesaid be duely fully and Compleatly assessed collected and paid as above directed as fully and in like manner as if the Same were particu- larlv and at Large recited and set down in the body of this act any thing therein Contained to the contrary liereof in any wayes notwithstanding and the Mayor and Aldermen of the Citty of Kew Yorke and ail and every of the Justices assessors and col- lectors of the Respective Cittyes and Countyes aforesaid and ail others concerned herein are hereby required and Commanded to take Strict notice hereof accordingly. THE SIXTH ASSEMBLY. (Begun Mch. 18, 1698, 10 Wm. III, Richard, E'arl of Bellamont, Govemor.) [Ko act s were passed at this Assembly.]384 LAWS OF THE COLONY OF NEW YORK. THE SEVENTH ASSEMBLY. First Session. (Begun Mch 2, 1699, 11 Wm. III, Richard, Earl of Bellamont, Governor.) [CHAPTER 64.] [Chapter 64, of Livingston & Smith and Van Schàack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 163. Title only îs printed in Baskett, p. 39. Ail the acts that were passed in 1699, are erroneously stated in Brinley’s Bradford, p. 140. Baskett, p. 29, as having been passed in 1698. Livingston & Smith and Van Schaack state that this act was passed April 15, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See Journals of Legislative Council, p. 143.)] A Bill for the Indempnifieing of ail Such persons as were Excepted out of ye Generall pardon made by Act of Generall Assembly in this province in ye year of our Lord 1691. [Passed, May 16, 1699.] WHEREAS the General Assembly of this Province did by an Act Entituled an Act for pardoning Such as hâve been Active in ye late Disorders, Except against Severall of his Matys Good Subjects vizt. Jacob Leisler, Jacob Milborne, Gerrardus Beekman, Abraham Governeur, Abraham Brashier, Thomas Wil- liams, Mynart Coerten, Joannes Vernelse, Nicholas Blank, Garret Duyking, Hendrick Jansen, John Coe, William Lawrence^ of East Jarsey, Cornélius Plevier, William Churchill, Jost Stoll, Samuell Staates, Jacob Mauritz, Robert Lecock, Michael Hansen, Richard Ponton, Joseph Smith, John Bayly, Roelof Swartwont, Anthony Swartwont, Joannes Provost, Jacob Melyen, Benjamin Blagg Joachim Staates & Richard Pretty, who had been forward in ye late happy Révolution from haveing the benefit thereof. And ye Représentatives now Convened in Generall Assembly takeing into their Serions Considération the ill Conséquences that hâve alreadv accrued & yett Still may ensue by ye aforesaid Excep- tions to ye great damage & ruine of Such as Declared for his présent Maty at ye time ofyesaid Happy Révolution aswell as ye Continuall Disturbanes which persons ill affected to ye peace of this Governm’t doe hereby Insinu'ate Créât & foment. And whereas her most Sacred Ma’ty ye late Queen Mary (of blessed Memory) by her order in Councel dated ye 13th day of May 1692 was graciously pleased to Discharge ail Reoognisances & pro-LAWS OF THE COLONY OF NEW YORK. 385 ceedings thereupon for any matter or thing Comitted in ye Assisting of Capt Jacob Leisler whilst he had ye Administration of ye Govern’t of this Province. And whereas by Act of parliam’t made in ye Sixth and Seaventk yeare of bis Ma’tys Reigne, for ye Reasons & motives in ye Said Act at Large Expressed the Judge- merts & Attainders of Jacob Leisler Deceased, Jacob Milborne, DeceasecJ, and Abrabam Governeur (tkree of ye persons men- coned & Excepted in ye Said Act of Assembly) were reversed made & Declared to be null & Yoid to< ail Intents Construccons & purposes whatsoever as if no Su ch Convictions or attainders had ever been had or Given. And now whereas Gerardus Beekman Thomas Williams Deceased Mynart Coerten Abraham Braskier and Joannes Yermelse deceased were together with ye said Jacob Leisler & for ye joineing with & Assisting of ye Said Jacob Leisler & holding of ye fort Against Major Ingoldsby were Severall atta.inted and Convicted at ye Supream Court of Judi- cature in this Citty of New vorke of Treason & Murder. Bee it therefore ENACTED by ye Gev’r Conncill & Représentatives in Generall Assembly Convened & by ye Authority of ye Same that ye Said Severall Convictions Judgem’ts & Attainders of ye Said Gererdus Beekman Thomas Williams Deceased Mynart Coerten Abraham Brashier & Joannes Yermelse Deceased & every of them be & are herebv repealed, reversed, made & Declared null & void to ail Intents Construccons & purposes whatsoever & that no Corruption of Blood or any other forfeiture of Lands, Tenem’ts hereditaments, Goods & Chattles be by ye said Convic- tions or attainders or eitker of them incurred any Law usage or Custome to ye Contrary notwithstanding. And be it further Enacted by ye Authority aforesaid that ail & every the above named Gerrardus Beekman, Abraham Brashier, Thomas Wil- liams, Mynart Coerten, Joannes Yermelse, Nicholas Blank, Gar- rot Duvking, Hendrick Jansen, John Coe, William Lawrence of East Jarsey, Cornélius Plevier, William Churchill Joost Stoll Samuell Staates Jacob Mauritz, Robert Lecock Michael Hansen Richard Ponton Joseph Smith, John Baily Roelof Swartwont Anthony Swartwont Joannes Prévost Jacob Melyen Benjamin Blagg Joachim Staates, and Richard Pretty be & are here- by forever Indempnihed for ail and every of tbedr Actings in the late happy Révolution as aforesaid and ail Judgments & Execu- cons had against their persons or Estâtes for or by reason as aforesaid, are hereby Declared to be null and void and ye Same are hereby repealed & reversed any Law Usage or Custome to ye Contra-rv notwithstanding. 49386 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 65.] [Chapter 65, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 164. Title only is printed in Baskett, p. 39. The act repealed is chapter 16. Livingston & Smith and Yan Schaick state that the act was passed April 19, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See Journals of Legislative Council, p. 143.)] A bill for ye repealing an Act of Assembly entituled An Act for ye regulate- ing Damages done in ye time of ye la,te dis- orders & for ye Uniting ye minds of their Maj’ties Subjects within this province & for calling honte Such of their Ma’tyes Subjects iyt hâve lately absented themselves from their habitacons & their usual places of their abode. rPassed, May 16, 1699.] WHEREAS an Act of Assembly made in ye third year of his Ma’tys Reign Entitled an Act for ye Regulating damages done in ye time of ye late disorders &c is found greivous to many of his Ma’tys good Subjects within this province & hath not in ye least measure answered ye design for wch it wTas made and ye continuance thereof wTould be very prejudiciall to ail his Ma’tys said good Subjects for remedy whereof. Bee itENACTED by his Excel ye Gov’r & Councill & représentatives Convened in generall Assembly. AND it is hereby ENACTED by ye Author- ity of ye Same That ye aforesaid Act Entituled an Act for ye regulating damages done in ye time of ye late disorders &c be repealed, reversed, vacated, and beconie null and void & of none Effect, And ye Said Act' and ail ye Articles & Clauses therein mène oued are hereby declared to be repealed, Reversed, Vacated & become null void & of none Effect to ail Intents Constructions & purposes wtsoever and ail process, Sumons Judgm’t Sen- tence & Degree Determinacons and Execucons heretofore had ag’t anv person or persons or his or their Estâtes Lands & tene- mt’s, Goods or Cliattles for or by reason of any power or Author- ity granted unto any person or persons as Com’rs for ye Execu- tion of anv of ye powers or authoritves menconed in ye Said Acts Are hereby declared to be null and void & of noe force & Virtue and Shall for ever hereafter Cease & Détermine to ail Intents and purposes whatsoever in as full & ample manner as if no Such Act had ever been in being or of any force or Virtue anything Contained in ye Said Act to ye Contrarv notwithstanding.LAWS OF THE COLONY OF NEW YORK. 387 [CHAPTER 06.] [Chapter 66, of Livingston & Smitli and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 127, 14S. Title only is printed in Baskett, p. 39. This act was continued by chapter 214. Livingston & Smith and Yan Schaack State that this act was passed Apri] 19, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See Journals of Legislative Council, p. 143.)] A Bill for ye Regulating and return- ing of able and Sufficient Jurors in Tryalls at Law [Passed, May 16, 1699.] WHEREAS great hurt & damage does ari.se to ye Inhabitants of this province by reason of ye great abuses in ye returning of Jurors not Sufficiently quallified to discern ye Causes in question upon Tryalls between party & party That ye Sanie foi* ye future may be remedyed & y’t able & Sufficient Jurors for Try- alls hereafter to be had may be duely returned by ye Sheriffs & other officers authorised for y’t service BEE IT ENACTE1) by his Excel, ye Govt & Councill & Représentatives Convened in Generall Assembly And it is hereby Enacted by ye authority of ye Same that ail Jurors wTho are to be returned for ye tryalls of Issues Joined in any of his Ma’tys Supream or Inferiour Court or Courts of May’rs & Aldermen within this province who shall hâve Conginzance of any please of his Ma’tys Courts of Kings Beiich Comon pleas or Exchequer or before any Justices of Assize or nisi-prius Oyer and Terminer Goale Delivery or Generall or quarter Sessions of ye peace from & after ye publi- cation hereof in any Citty or County of this province shall every of them then hâve in their owne name and right a good house or message with tenn acres of Land of ffreehold (in ye respective County s wherein they doe résidé & in ye Citty s of New York & Albanv one dwelling house free from ail Incumbrances or a personall Estate to ye value of ffifty pounds Currant money of this province free & Cleer from ail Debts & Lawfull demands whatsoever in ye Same Citty towne & County where Sueh Jurors shall résidé ail w’ch persons haveing Such Estate in manner aforesaid are hereby Enabled and made Liable & Suf- ficiently qualified to be returned and to Serve as Jurors for ye tryalls of Issues before ye Justices & Courts aforesaid any Law or Statute to ye Contrary notwithstanding and if any person of a lesser Estate and Value shall be respectively returned upon any Such Jury or taies in Default of Such Jurors it388 LAWS OF THE COLONY OF NEW YORK «hall be a good Cause of Challenge and ye party returned shall be discharged upon ye Said Challenge or his owne Allégation & Oath thereof & y’t ye Same hereafter may be duelv observed. The writt of Venire facias w’ch shall hereafter be awarded and Directed for ye Impanneling of Juryes in Cases aforesaid w’thin any Citty & County w’thin this province shall hâve menconed in ye body thereof twelve free & Lawfu! men of ye Neighbourhood of w’ch each of y’m shall hâve in their owne Name and right a good honse or message w’th tenu Acres of Land of ffrehold in ye County & ye Cittys of New York & Al- bany a dwelling house free from ail Incumbranee or a per- sonall Estate to ye Value of fifty pounds free & Cleer from ail Debts & Lawfull demands w’tsoever and ye preamble and residue of ye Said Writt shall be after ye usuall manner and y't upon every Such Writt & writts of Venire, facias the Sherifi Coroner or other minister of each respective Citty and County in this province unto whom ye makeing of ye pannell Shall ap- pertaine Shall not returne any person in anv Such pannell unless he Shall then hâve ye Estate as aforesaid respectively in ye Same Cittys & Countys where ye Issue is to be trved. And that Jurors may ye botter appear upon tryalls at ye Courts aforesaid be it further ENACTED by ye authority aforesaid that ye Sher- itf of ye respective Cittys & Countys of this province for ye time being shall from henceforth cause twelve good & Lawfull men qualified as aforesaid to be duely Sumoned or warned two dayes at Least before ye begining of ye respective Courts aforesaid to be & appeare at ye first day of ye Sitting of ye Said respective Courts & there to attend during ye Sessions of ye Said Courts to performe their Said Duty & Service to ye Court as Jurors or Jury- men in Such Cases between party & party wherein they Shall be respectively returned & Impannelled upon pain y’t every of them that Shall make default to appear & attend at & Dureing ye Session of ye Said Court unless they hâve leave from ye Said Court to Départ to forfeit ye Sume of thirteen Shillings & foure pence Currant monev of this province to Such use as ye said Court shall appoint & ye Sanie to be levyed recovered & had by ye Sheriff or his Deputv in such manner and wàyes as Issues of Jurors are used to be Levyed formerly provided also that there Shall not be returned anv person to Serve as a Juror aforesaid who is under ve âge of One & twenty yeares anything to ye Contrary notwithstanding and this Act to re- maine in force for two yeares next after ye publication hereof & no longerLAWS OF THE COLONY OF NEW YORK. 389 [CHAPTER 67.] [Chapter 67, of Livingston & Smitli, wkere the act is printed in full. Chapter 67 of Van Schaack, where the title only is printecL Printed in full in Brinley’s Bradford, p. 124, 145. Title only is printed in Baskett, p. 20. Basken and Van Schaack State that this act was repealed hy the King, September 5, 1700. See Letter of Lords of Trade to Governor Lovelace, in Doc. Rel. to Col. Hist. V, p. 47. Livingston & Smith and Van Schaack state that the act was passed April 10, 1600. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1600. (See Journals of Legislative Council, p. 143.)] An Act for ye Restraining and punish- ing privateers and Pirates. [Passed, May 16, 1600.] WHEREAS nothing can more contribute to his Sacred Majestys hon’r than y’t Such Articles as are Concluded & agreed on in ail Treaties of peace should by ail liis Ma’tys Subjects According to their Duty, be most Inviolably presierved and Kept in and over ail his Ma’tys Dominions & Territoires, and whereas not only against Such treaties of peace made by liis Ma’ty w'th his Allies, but al soe Contrary to his Ma’tys Royall proclamacon Severall of his Subjects hâve and doe Continually goe off from this his Ma’tys province of New Yorke into fïoreign princes Ser- vices and Sail und’r their Comand Contrary to their Duty and good Allegiance and by fair means cannot be restrained from Soe doeing. Be it therefore Enacted by ye Gov’r Councell & Assembly; & it is herebv ENACTED by ye Authority of ye Same that from & after publication hereof; it shall be felony for any persons w’cli now dotli, or within four yeares last past heretofore hath or hereafter shall Inhabit or belong to this province to Serve in America in any Hostile manner under any forreigne prince, State or potentate or any Imployed under any of them against any other forreigne prince State, or potentate in Amity w’th his Ma’ty of great Brittaine without Speciall Lycense for soe doeing und’r ye hand & Seal of ye Gov’r or Comand’r in Chief of this province for ye time being & that ail & every Such offend’r or offend’rs contrary to ye true intent of this Act being thereof duely Convicted in his Mat’ys Supreatm Court of Judicature within this province to wT,ch Court, Authority is hereby given to hear & to détermine ye Same as other Cases of ffelony, shall Suffer paines of Deatli without benefit of ye Clergy PROVIDED nevertheless y’t this Act nor any thing therein Contained shall Extend to- any person or persons w’ch now are or hâve been in ye Service or Employm’t of any foreigne prince State or potentate w’t soever y’t shall390 LAWS OF THE COLONY OF NEW YORK. retura to this province & leave & desert Such Service, & Efcnploym’t before ye first day of May in ye year of our Lord One thousand & Seaven hundred next ensueing rendring v’m Selves to ye Gov’r or Comand’r in Cheif for ye time being and give him Such Security as he sball appoint for their future good behaviour & alsoe y’t they shall not départ this province without y’e Gov’rs Tickett- And for ye better & more Speedy Execution of Justice upon such who haveing Comitted Treason piracies, ffelonies, & other offences upon ye Sea shall be apprehended in or brought prisoners to this province. Bee it further ENACTED by ye Authority aforesaid That ail treason, ffelonies, Pyracies, Robberies murthers, or Confederacies, Comitted or y’t hereafter shall be Comitted upon ye Sea, or in anv Haven, Creek, or Bay, where ye Admirall hath Jurisdiction shall be Inquired tryed heard Determined & Adjudged w’th in this province in Such like forme, as if such offence had been Comitted in & upon ye Land & to yt end & purpose Commissions shall be had under ye Kings great Seal of this province directed to ye Judge or Judges of ye Admiralty of this province for ye time being and to Such other Substantiall persons as by his Ma’tys Gov’r or Cotmander in Cheif of this province for ye time being Shall be named or appointed w’th Said Com’rs or Such a Quorum of y’m as by Such Comon shall be hereunto Authorized, shall ha.ve. fui] power to do ail things in & about ye Inquiry, bearing determining Adjudging & punishing of any of ye Crimes & offences aforesaid as any Com’s to be appointed by Comon und'r ye great Seal of England, by virtue of a Statute made in ye twenty Eighth year of ye Reigne of King Henry ye Eighth are Impowered to doe Exécuté w’th in ye Kingdomie of England & y’t ye Said Offend’rs w’ch are or Shall be appr hended in or brought prison’r to this province shall be Lyable to Such order process Judgem’t & Execution by vertue of Such Comission to be grounded upon this Act, as might be awarded or given against them if they were proceeded against w’th in ye Realm of England by Vertue of any Comission grounded upon ye Said Statute. And ail Tryalls heretofore had against Such Criminall br Criminalls before any Judge or Judges by vertue of Such Com’on or Au- thority at any time heretofore granted, & ail proceedings there- upon, are hereby rattified, confirmed, & adjudged Lawfull & ail Such Judges w’th ail & every ye Inférieur officers that acted thereby are hereby Indempnified to ail intents & purposes whatsoever & in case they or any of them shall at any time hereafter be Sued, vexed, molested, or troubled for any Such their proceedings as aforesaid, he or they So Sued,LAWS OF THE COLONY OF NEW YORK. 391 vexed, or molested shall plead ye generall Issue, & give this Act in Evidence, any Law Statute, Custome or usage to the Con- tra r y in any wise notwithstanding. Bee it further ENACTED by ye Autliority aforesaid that ail & every person or persons that shall an}7 way knowingly, entertaine, harbour, Conceale, trade or hold any Correspoiidence, by Letter or otherwise, w’th any person or persons that Shall be deenied or adjudged to be privateers pyratts or other offenders w’tliin ye Construction of this Act, & that Shall not readily endeavor to ye best of his or their power, to apprehend or Cause to be apprehended Such offender or offenders shall be lyable to be prosecuted as access- saryes & Oonfederateis & to Suffer Such paines & penalty es as in Such Case by Law is provided & for ye better & more effect- uall Execution of this Act. Bee it further ENACTED by ye Authority aforesaid that ail Comission officers in their Severall precincts w’thin this province are hereby required & Impow- ered upon his or their knowledge or notice given, That any privateers, pirates or other persons, suspected to be upon any unlawTfull Désigné are in any place w’thin their respective pre- cincts to raise & levy Such a number of well Armed men, as he or they Shall tliink needfull for ye Seizing apprehending & Carrying to Goale ail and everv such person & persons, & in case of any Résistance or refusall to yeild Obedence to his ma’tvs authority it shall be Lawfull to kill or destroy Such person or persons and ail & ever person or persons That shall oppose or resist by strikeing or fireing upon any of ye Comanders parties Shall be deemed taken & adjudged as félons without benifitt of ye Clergy & every Such officer y’t shall omitt or neglect his duty herein shall forfiet fifty pounds Currant money of this province for every Such offence to be recovered in any of his Ma-'tys Courts of Record within this province, by Bill plaint or Informacon wherein no Essoigne Wager of Law or protection shall be allowed; OneYnoiety thereof to be to our Soveraigne Lord ye Iving his heirs & Successors for & toward ye Support of ye Govern’t of this province & the Contingent Charges thereof, and ye other moiety to ye Informer and ail and every person & persons that upon orders Given him or them Shall refuse to repaire Imediately w’th his or their Armes well fixed, and Ammunition to Such place or places as shall be appointed by ye Said officer & not readily obey his Comands in ye Execucon of ye phnises shall be Lyable to Such fine or Corporall punishmT as by a RegimentalT Court marshall shall be thought fitt.392 LAWS OF THE COLONY OF NEW YORK [CHAPTER 68.] [Chapter 68, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 146, 167. Title only is printed in Baskett, p. 39. Livingston & Smith and Van Schaack State that the act was passed April 20, 1699. From the Minutes of the Council, it appears that the act was passed April 22, 1699. (See «Tournais of Legislative Council, p. 131.)] A Bill for the Comitting of Ebenezer Willson and Saxnuell Burt ffarmers of the Excise of the Island of Nassau for their Contemptuous Refusing to render an Ac- count of what they farmed the same for to the Respective Counties Towns and Mannors on the said Island for the Last Yeare. [Passed, April 22, 1699.] WHERE AS ail just Improvement of his Majesties Revenue in this province is not only highly Important to his Majesties Service but tends to the good Wellfare Benefitt and behoof of ail the Inhabitants therein, and his Excellency the Governor, and Councell mett in Generall Assembly having the same under their considération upon a due Inspection into the severall Branches thereof doe find that the Excise for severall yeares last past lett to ffarrne either by fraud Colusion or great Négligence in those who bave been Impowered to lett ît has Rendred this last yeare in one County much lesse, than in former yeares it has been lett for, and that the Exciise of the Island of Nassau has not produced what might Reasonably be Expected in pro- portion to the other parts of this province That in order to Discover the truth of such management past as wTell as to Enable them how best to Improve the same for the future, hâve thought fitt ta Require such ffarmers of the said Excise of Nassau Island to lay before this house upon oath the most plain and perfect Account they are able to give of what they hâve lett the Excise of the SEVERALL Towns Mannors and Jurisdictions within the said Island of Nassau the last yeare of their ffann aforesaid, and Mr. Samuell Burt and Captain Eben- ezer Willson of this City having owne they did ffarm the same and being often Required for the Reasons aforesaid to Render to this house such Account soe necessary for his Majesties Ser- vice and in order to Detect ail fraud and Négligence in ail those who hâve lett the same as well as for the Better Improvement of that branch of his Majesties Revenue for the future The said Burt and Willson without giving any sufficient Reason, in Con-LAWS OF THE COLONY OF NEW YORK 393 tem.pt of his Majesties authority with which this house in tlie Quality they aie now Sitting is Invested willfully and Stubbornly bave done and doe refuse to give any su ch aceount aïs Required Be it THEREFORE ENACTED by Ms Excellency the Governor and Councill and Représentatives Couvened in Generall Assem- bly and it is hereby Enacted by the authority of the saine That the said Samuell Burt and Ebenezer Willson be and Stand Com- mitted into safe Custody without Baile or Mainprize untill they shall Exhibit under their hands upon oath the most plain and perfeet Account they are able to give of what they hâve lett the Excise of the severall Towns Mannors and Jurisdictions within the said Island of Nassau for the last yeare of their ffarm afore^ said as in duty they ought to do any Law or Statute to the Con- trary hereof Notwithstanding. [CHAPTER 69.] [Chapter 69, of Livingston & Smitli and Van Schaack, where the title only is printed. Frinted in full in Brinley’s Bradford, pp 144, 165; Baskett, p. 34. Confirmed by the Queen, May 28, 1708. (See Fowler’s Bradford, p. CXXXVIII.) Livingston & Smith and Van Schaack, State that the act was passed April 26, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See .Tournais of Legislative Council, p. 143.)] A Bill for preventing vexatious Suits & Settling & quieting ye minds of his Ma’ties peacable Subjects w’thin this province. [Passed, May 16, 1699.] WHERE AS upon the newes of ve late happy Révolution and his Ma’ties Glorious Enterprize to rescue ye Kingdomes of England Scotiand and Ireland and ye Dominions thereunto belonging from popery Slavery and Arbitrary power Severall persons well affected to his Ma’tys person ye protestant Religion and the good of their Country in this province did according to ye most noble Example of ye great peuple of England déclaré for their Deliverer and for his Service took upon y’m ye Governm’t of this province & appointed Capt Jacob Leisler Comand’r in Gheif thereof untill his Ma’tys pleasure should be known therein who was afterwards Confirmed in ye Said Ootmand by his Ma’tyes Royall Letter dated ye 30 day of July One thousand Six hundred Eighty nine and by vertue thereof kept ye administration of ye Goverm’t untill ye arrivai of Col Henry Sloughter his Ma’tys late Capt Gener’l of this province And whereas ye persons afore- said thro’ ye Exigence of ye Warr & ye Continuall troubles 50394 LAWS OF THE COLONY OF NEW YORK. raised by persons disaffected to bis Ma’tys person & Goverm’t were by Inévitable necessity Constrained for ye préservation of this province to take & Seize and Secure Severall disaffected persons & enter into ye possessions and houses of Severall ‘Merch’ts and other and there took Severall Goods Wares & Mer- cliandizes w’cb were Imployed for bis Ma’tys Service and ye Defence of tbis province in ail wbicb force violence and defect of fforme was unavoidable wbicb in a time of peace & Comon Safety wonld not bave been warrantable yet were necessary and allowable in regard of ye Exigence of ye publick affaires & ought to be Justified and ye persons therein Concerned Indemp- nified, nevertheless Soone persons ill affected to bis Maj'tys Goverm’t & ye Safety & welfare of tbis province bave Comenced & prosecuted & tbreaten to Comence & prosecute actions & Suits against bis Ma’tys good Subjects for & by reason of tbeir actings and doeings aforesaid, Tberefore for preventing ye trouble & Charge wbicb ye said good Subjects might be put to by ye means of Sucb Vexatious Suits ye Représentatives Con- vened in generall Assembly taking ye, Same into tbeir Serious Consideracon and an Act of Parliament made in ye first year of w’m & mary entituled an Act for preventing Vexations Suits against Sucb as acted in order to ye bringing in tbeir Ma tys & for tbeir Service & ye Effectuall remedies therein prescribed wôuld be of great use in this province Bee it thereforo ENAOTED and it is bereby Enacted by ye Govr Councill & Représentatives in Generall Assembly Convened & by the Autbority of ye Same tbat ail personall actions Suites moles- tacons or prosecucons whatsoever and Judgem’ts & Execucons had thereupon for or by reason of ye p'misses or any matter or thing advised Comanded appointed happened or done in ye late bappy Revolucon in tbis province for tbeir Ma’ties Service & ye Safety of this Gov’ment be and are bereby discharged & if any Action or Suite bereby declared or Intended to be dis- charged shall be Comenced or prosecuted every person Soe Sued may plead ye generall Issue & give tbis Act & ye Speciall mat- ter in Evidence, and if ye plaintif? shall become non Suited or forbear further prosecution or Suffer discontinuancc or if a ver- dict passe against him ye said DefendT shall recover bis double Costs for wbicb be shall hâve ye like remedy as in Case where Costs by Law are given to defend’tsLAWS OF THE OOLONY OF NEW YORK. 395 [CHAPTER 70.] [Chapter 70, of Livingston & Smith and Van Sehaack, where the title only is printed. Title only is printed in Brinley’s Bradford, pp. 144, 166; Baskett, p. 39. Livingston & Smith and Van Schaack, state that the act was passed May 2, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See «Tournais of Legislative Council, p. 143.] A Bill for Setling ye Esta,te of Jacob Milbourne Esq. Dece d. [Passed, May 16, 1699.] WHERE AS Mary Milborne ye Wife of Jacob Milborne Dece;d hath by her peticon to ye house of Représentatives Convened in Gener’l Assembly sett forth that by an Act of parliam’t passed in England in ye Sixtli & Seaventh yeares of his Ma’tys Reign had ye attainder of her said Husband Reversed together with ail ye penaltys & forfeitures w’ch did ensue by reason of ye Con- viction of her said Husband in as full and Ample manner as if no Such Conviction & Judgem’ts liad ever been or happened and whereas she hath further sett forth in her said peticon, that her husband dyed Seized of Sundry Lands & Tenem’ts in ye Citty and County of New york and the County of Ulster w’ch she prayes may bee settled upon her & her Son Jacob Lawfully begotten by her said husband in Wedlock and ye Survivor of thean And whereas ye Said Mary Milbourne hath been deprived of her husbands bookes of accounts which were left in ye ffort at ye time that he was Seized & Comitted to prison and whereof She could never since procure a Sight of y’m whereby She hath been rendered unable to discover what Debts are due unto her Said husband or what debts were owing by him unto others & therefore Craveth by her said peticon that she may hâve time for one year & a day to Inquire & Examine after ye Estate of her said husband Dece’d & in ye nueane time to be Exempted from ail Actions & Suits until she can recover & corne to ye knowdedge of her husbands said books of acco’ts & ye goods & Chattles of her said husband now concealed from her which reasonable request ye house of représentatives haveing taken into their Consideracon BEE it therefore ENACTED by his Excel the Grov’r & Councill & Représentatives Convened in Generall Assembly And it is hereby ENACTED by ye authority of ye Same That ail & every ye Lands & Tenem’ts together with ail & every their appurtenances wJch were in ye Seizing of ye said Jacob Milborn at ye time of his Conviction or Decease in ye Oitty & County of New-york & ye County of Ulster or in any other County of this province are hereby invested into ye right396 LAWS OF THE COLONY OF NEW YORK. of ye said Mary Milborae and Jacob Milborne her only Son and ye Survivor of y'm. To hâve & to hold ail & every ye said Lands & Tenem’ts together w’th their and every of their appurtenances Scituate lyeing & being in ye respective Cittv & C-ountyes afore- said unto y'ni ye said Mary and Jacob Milborne her only Son their heirs and assignes forever in as full & ample manner & to ail Intents & purposes whatsoever as he ye said Jacob Milborne in his life time did hold ye same & as if no such Conviction or forfeiture had ever happened or been anything to ye Oontrary thereof in any waves notwithstanding. And bee it further ENACTED by ye anthority aforesaid. That the said Mary Mil- borne her Executors and Administrators are hereby Exempted from ail Actions & Suites for or Coneerning any Debts or Dues owing by her Said husband for one year and a Day next after ye publication hereof & if any Action or Suit Sha.ll During ye said time be brouglit against her or her Execut’rs & Administ’rs for or Coneerning ye promises tlien she or tliey shall plead ye Generall Issue & bring this Act & ye Speciall matter in Evidence & if ye plaintiff shall become nonsuit or suffer a Disc-ontinuance or that a Verdict pass against liim, she or tliey shall recover her or their full Costs for whicli she or tliey shall hâve ye like remedy as in Cases where Costs by ye Law are given to Défendants. [CHAPTER 71.] [Chapter 71, of Livingston & Smitli and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 133, 154. Title only is printed in Baskett, p. 38. Livingston & Smith and Van Scliaaek State that the act was passed May 5, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See Journals of Legislative Council, p. 143.)] A Bill for Granting unto his Ma’ty the Sume of two thousand pound fifteen hundred pounds whereof to be allowed to his Excel Richard Earl of Bellomont and five hundred Pounds to Capt. John Nanfan LeiCt Gov,r. [Passed, May 16. 1699.] The Représentatives Convened in Generall Assembly haveing in their Consideraeon ye Exterordinary Dilligence and Care that hath been used by his Excel Since his Arrivall for ye Suppress- ing of pyracy & unlawfull trade and at ye Same tkn^e knowing that nothing can more effectually redound unto ye pnosperity and advantage of this protince than y’t ye trade thereof may be duely regulated and maintained according to those most Excel- lent raies and methods prescribed and Directed in ye Acts of parliam’t made in England for ye Regulacon of ye plantaconLAWS OF THE COLONY OF NEW YORK 397 trade and makeing ye S-aine more Serviceable to- ye Interest of England in ye Sence whereof and in humble acknowledgm’t of that great Obligation doue unto this province by his most Excel Mat’y in appointing a person of so great Integrity to rule & Govern this province who makes it his Cheifest end to promote ye hon’r Interest Dignity and Advantage of his Ma’tys Crowne of England, become most humble supplycants unto his Most Excel Ma’ty and pray y’t his Ma?ty would be graciously pleased to accept of a demonstracon of their Loyall, Dutiful & Sincere affec- tions unto his ma’tys Roy ail person and Govem’t Establisht herie the Sume of two thousand pounds Currant mony of this province to be Levyed upon ail & every the Estâtes reall & per- sonall belonging to any of ye ffreeholders Inhabitants and Rési- dents within this province &c in Such quota’s and proportions as are hereafter menconed. And with ye greatest affection do most humblv pray that yo’r most Excel Maty would be most graciously pleased to give and allow the Sum of ffifteen hundred pounds thereof unto his Excel Richard Earl of Bellomont vour Ma’tys Capt Gener’l and Gov’r in Chief in and over yo’r Ma’tys province of Yew york and territorv-es Depending thereon in America and the Sume of ffive hundred pounds thereof being ye residue of ye Said Sum of two- thousand pounds unto Capt John Nanfan yo'r ma’tys Leiv’t Gov’r of ye Same And humblv pray that it may be So Enacted Be it therefore So Enacted by his Excel ye Govern’r & Councill and Représenta- tives Convened in Generall Assembly. And it is liereby ENACTED by ye authority of ye Same that ve Sume of two thousand pounds Currant mony of this province be Laid Assessed Levyed and raised upon ail & every ye ffreeholders Inhabitants Residenters and Sojourners of and in this province to ye uses aforesaid That is to Say ffifteen hundred pounds part of ye Said Sum of two thousand pounds for ye use of his Said Excel Richard Earl of Bellomont his Executors Administrators and Assignes and ffive hundred pounds being ye residue of ye Said Sum of two thousand pounds as aforesaid for ye use of ye. said Capt. John Nanfan Leiv’t Gov’r his Execut’r Adm’r and Assignes and to no other use intent or purpose w’tsoever w’ch Sume of two thousand pounds Currant mony aforesaid shall be raised, Assessed, Col- lected Levyed and paid unto his Ma’tys CoHector & Receiver Gener’ll for ye time being at ye Citty of New York at or before ye 29th day of September next in this instant Year of our Lord One thousand Six hundred ninety nine in Such manner and according to ye Severall and respective quota's and pro- posons following that is to Say For ye Citty and County of New York the Sum of ffive hundred Seaventy one pounds Cur-398 LAWS OF THE COLONY OF NEW YORK. r;int mony aforesaid, for ye Countj of west Chester the Smne of One hundred and three pounds and Eiglit shillings for ye County of Richmond fforty Seaven pounds, for Kings County two hun- dred ninety four pounds for Queens County three hundred twerty nine pounds for ye County of Suffolk three hundred fforty Eight pounds Eight Shillings for Ulster and Dutchess County s one hundred Sixty nine pounds four shillings for ye County of Orange Eighteen pounds for ye Citty and County of Albany One hundred & twenty pounds ail of ye Currant mony aforesaid. And for ye due and better assessing, Ijevying and paying ye aforesaid Sum of two thousand pounds Currant mony aforesaid BEE it further Enacted by ye authority aforesaid That ye Mayors and Aldermen of ye Cittys of New york & Albany ye Justices of ye peace for ye time being, for ye Severall respective Countys afore- said, for ye Severall Countys respectively, for w’ch they skall be Justices of ye peace do w’thin forty dayes after ye publication bareof, assemble & meet together in ye Court houses, for ye Severall & Respective Cittves & Countyes, or such other place or places as they shall agréé upon among themselves, and shall there order y’t ye assessors & Collectors for ye Cittys of New- york & Albany and ye Severall and respective Townes Mannors, or Liberties, wûthin their Severall Jurisdictions for ye assessing Collecting & Receiving of ye publick Rates for ye Defraying of ye publick Charge of each respective Citty & County aforesaid be ye Assessors and Collectors, for ye Assessing Collecting & receiving ye Sum or Sums of mony hereinbefore menconed according to ye proporcons before Expressed, as to ye Said May’rs Aldermen & Justices shall Seem meet & reasonable & for as much as there are Several Towns, Mannors & Jurisdiction w?thin ye respective Countyes aforesaid, who refuse, neglect, or do not Elect annuallv or once every year assessors or Collectors, whereby ye intent of this Act may be evaded & frustrated, Bee it therefore ENACTED by ye Authority aforesaid That if any of ye respective Townes, Mannors, or Jurisdictions w’thin ye Sever- all Countyes aforesaid, shall refuse neglect delay or deny to Chose or Elect Assessors & Collectors for the assess- ing of their Severall & respective Townes, Mannors, and Jurisdictions and for ye Collecting ye Same accord- ing to ye true intent, meaniug & directions of this Act then and in such Case it shall and may be Lawfull for ye Justices of ye peace or any two of them in ye Counties where Such towns, mannors & Jurisdictions are who are hereby Impowered & authorized to nominate & appoint Assessors & Collectors for Such towns mannors and Jurisdictions, as Shall refuse neglect, delay or deny as aforesaid, w’ch Assessors &LAWS OF THE COLONY OF NEW YORK. 399 Collectors Sa nominated & appointed in manner aforesaid shall to ail intents & purposes be deemed & Esteemed je Assessors & Collectors of je said tow.nies mainnois & Jurisdictions and Observe & Exécuté je Direccons of this Act. And be it further ENACTED bj je Authoritj aforesaid That je said Majors and Aldermen, je Justices of je peace for je respective Cittjes & Countys, liave and Shall hâve bj virtue of this Act full power and authoritj each of y’m bj himself to administer to Such Assessor or Assessors that shall be Elected or nominated and appointed in mannor aforesaid an Oath That thej shall well & truelj Exécuté je office of an Assessor, and well, trulj, Equallj Impartiallj and in due proportion Assess, & rate je Estâtes of je Inhabitants Residents Sojourners & ffreeholders, of je respec- tive places for w’ch thej shall be Chosen, Elected, nominated, and appointed assessors according to je beat skill and knowledge and therein thej shall Spare no person for favour or affection, or greive anj person for hatred or 111 will, and je Said Asses- sors are herebj required to deliver one Coppj of their Assesm’t fairelj written and Subscribed bj them, unto je said Justices or to je office of je Clerk of je peace of je respective Courtv to w’ch thej belong. And je said Justices for oach respective Countj, or anj two or more of them are hereby ordered & required to Cause je said Severail and respective Assessments to them delivered, to be fairelv Written and to Signe & Seal Severail Duplicates or Coppies of je Said Assess- meni and one of them So Signed and Sealed, forthwith to deliver, or cause to be delivered unto je respective Collector within ye Severail and respective Citties and Oounties aforesaid, and Shall likewise deliver or Cause to be delivered another faire Copj So Signed and Sealed, unto je Clerk of je peace of je respective Countj to w’ch thej shall belong there to be flled, and remain upon Record. And je Clerk of je peace of each Countj is hereby required to transmitt je Sum of je Assessment of each Town unto je Receiver General at New York for the time being within Tenn daves next and after his receipt thereof under the penalty of five pounds for Such his Default And be it further ENACTED bj ye authoritj aforesaid That if anj person or persons, who shall be Chosen, Elected, nominated or appointed, in manner aforesaid, Assessors or Collectors, shall denj, neglect, refuse or delay, or unequally and partiallv shall Assess, as by this act is required, or shall denv neglect, refuse or delay to Collect any Sum or Sums of mony in form before menconed assesses that then in Such Case it shall and may be Lawfull for any two of his Ma’tys Justices of je peace of ye Cittys and Countys where Such offenders shall happien to dwell or résidé and who400 LAWS OF THE COLONY OF NEW YORK. by vertue of this act are required & Impowered to do ye Same by warrant under hand and Seal to Comitt Such Assesors or Oollectors, So denying refuseing neglecting or Delaying or un- equally and partially assessing or refusing to Collect as afore- said to ye Cornon Goal there to Remaine w’thout Baile or ma,ine- prize till he or they Shall make fine & ransom to his ma’ty for Such his Contempt as aforesaid. And upon Such Comittment ye Justices are Speedily required to nominale & appoint other Oollectors & Assessors in their Stead and room. And if any person or persons shall Shut their Doores & refuse to pay ye Rates assessed by vertue of this act made & provided whereby this act may Seem to be frustrated Bee it further ENAGTED by ye authority aforesaid, That if any person or persons shall neg- lect or refuse to pay ye Severa.il Rates and Assessments where with they are Charged by this act of Generall Assembly for or in respect of his and their Goods and Chattles Lands, or Tenem’ts shall be neglected or refused to« be paid upon Demand of ye Oollectors that shall be Chosen & appointed to reoeive ye Same, or w’thin tenn dayes next & after ye said Demand it shall & may be Lawfull to and for Such Oollectors and they are hereby required, for nonpayme-nt thereof by warrant under ye hand of two Justices of ye peace to distrain ye person or per- sons So refuseing or neglecting to pay by his or their goods & Chattles, or distrain in or upon ye Messuages, Lands and Tenem’ts So Charged, and ye Goods and Chattles then and there found, & ye Distress So taken, to carry away and ye Same to expose to Sale in ye towne or County where Such Distress is made, & for want of buyers, to carry ye Said Distress to any other place in ye province for ye Sale of ye Said Distress accordingly, for ye paym’t of ye said rate or assessm’t, and ye Overplus Corn- ing by ye said Sale, if any be, over and above ye Charges of take- ing and Carrying away ye Said Distress, to be immediately returned to ye owner thereof. And moreover it shall and may be Lawfull to break open in ye day time any house; and upon warrant under ye hands and Seals of any two or more Justices aforesaid, any Chest, Trunck or Box, or other things where Such goods are and call to their Assistance the Constables, or any other persons w’th in ye respective Cittys, Counties, towns man- nors and Jurisdiccons where any refusall, neglect or résistance shall be made, w’ch said officers and persons are hereby required to be aiding & assisting in ye p’mises. And be it further ENACTED be ye authority aforesaid That if anv May or Alderman or Justice of ye peace within this province, who are hereby required, Impowered or Authorized to take Effectiiall care that this Act and every Article and Clause therein be duely ExecutedLAWS OF THE COLONY OF NEW YORK. 401 according to ye true Intent and meaning thereof shall deny neglect, refuse or delay to do performe fulfill and Exécuté ail and every ye Duties, powers and authorityes b y this Act reqiiired and Impowered by him or tliem to' be done performed fulfilled and Executed, and shall thereof be Convicted before his Excel the Gov'r and Councill or before any of his Ma’tys Courts of Record within this province, he or they Shall Suffer Such paines by fine and Imprisomnent, as by ye Discrétion of his said Excel the Gov’r and Councill, and the Justices of ye said Courts shall be adjudged. And be it further Enacted by ye authority afore- said That if any action bill plaint or Informacon shall be brought moved or prose cuted at any time hereafter against any per son or persons for any matter Cause or thing done or acted in pur- suance or Execucon of this act Such person or persons So- Sued or prosecuted in any Court w’tsoever shall & may plead ye generall Issue, Not guilty and give this act* and ye Speciall mat- ter in Evidence And if the plaintiff or Prosecutor shall be non- suited or forbear further prosecution, or Suffer dîscontinuance or Verdict to pass against him, ye défendant or Défendants shall recover tribble Costs, for w’ch they shall hâve ye like Remedy as in Case where Costs by je Law are given to Défendants provided alwayes, That no may’r Aldermen or Justice of ye peace shall be Sued, prosecuted or molested for any omission offence or neglect by vertue of this Act, but w’thin ye Space of one yeare after such omission offence or neglect, & not at any time here- after anything herein Contained ta ye Contrary hereof in any wise notwithstanding [CHAPTER 72.] [Chapter 72, of Livingston & Smith and Van Schaack, where the act îs printed in full. Printed in full in Brinley’s Bradford, p. 140, 161; Baskett, p. 33. Baskett States that this act was passed by the King, September 5, 1700. See chapters 1098, 1532 Livingston & Smith and Van Schaack state the act was passed May 5th. From the Minutes of the Council, it app'ears that the act was passed May 16. (See Journals of Legislative Council, p. 143.)] A Bill for preventing of Trespasses [Passed, May 16, 1699.] WHEREAS great Damage and waste is made upon ye Cornons and particular freeholders belonging to ye Inhabitants of this province by a number of idle persons who enter upon other per- sons Estâtes and cutt downe their timber & carry it away Clandestinely to ye great Losse of ye owners thereof for ye preventing of Such practices for ye future BEE it ENACTED by his Excel & Councill and Représentatives Convened in Gen- erall Assembly and it is hereby ENACTED by ye Authority of ye Same that if any person or persons Shall cutt or Carry off 51402 LAWS OF THE COLONY OF NEW YORK. any manner of wood underwood timber pôles or trees Standing lyeing or groweing on ye Land w’ck to y’ni does not belong but is in ye right and possession of any otker or off or frorn ye Cornons of any towne within this province other yn y’t to which he doth belong or if witbin ye Saine towne haveing no right or priviledge there without Leave or Lycence from ye major part of ye propriety or ye trustées of Such Cornons or ye owner or owners possessor or possessors of ye Lands whereon Such wood underwood timber pôles or trees were Standing lyeing or growe- ing every person So offending Shall forfeit & pay unto ye party or partyes Injured or trespassed upon the Sum of Twenty Shill- ings Currant money of this province for every tree of one foot over and ye Sume of Six Shillings Currant money aforesaid for every tree or pôle under y’t bignes and for other wood or under- wood the vallue thereof to be recovered by action bill plaint or Information before any Justice of ye peace in ye County where ye offence is Comitted if the forfeiture Exceed not five pounds but if it be above that vallue then before ye Inferior Court of Comon pleas writliin ye Same County & if any person shall be Convict a Second time of Such offence he shall forfeit and pay to ye uses of ye towne w^here ye offence is Comitted ye Sum of forty shill- ings Currant mony aforesaid or Suffer one months Imprison- ment over and above ye forfeiture above said or damages to ye partie-s Injured. AND bee it further ENACTED by ye author- ity aforesaid That when in action of Trespass brought before a Justice of peace ye Défendant shall Justify and Demurr upon plea of Title a Record shall be made thereof & ye matter of ffact taken pro-Confesso & ye party makeing Such plea shall beconie bound wr’th one or more Suretys by way of Recognizance unto ye adverse party in a reasonable Sum not Exceeding twenty pounds on Condition y’t he shall persue his plea & bring forwnrd a Suite for a trvall of his title at ye next Inferior Court of Comon pleas to be holden for ye County in wr’ch Such Trespasse is alleadged to be done & pay & Sattisfy Such damages & Costs as by ye said Court shall be awarded against him w’ch Recognizance ye Justice is herebv Impowered to require and take and Shall be paid for ye same by ye Recog- nizor the Sume of Eighteen pence & for Entring his plea nine pence and at ye Charge also of ye Same party shall Certify ye process & record of Such plea together with ye Recognizance unto ye Said Inferiour Court of Comon pleass. And if Such Recognizor Shall neglect to bring forward Such Suite at ye Inferior Court according to ye tenure of his Recognizance ye default shall be entred in ye Said Court and a wriiit of Scire facias Shall issue out of ye Clerks office of ye Same Court in manner as by law is direcfed for ye Recovery of ye Sum or pen-LAWS OF THE COLONY OF NEW YORK, 403 alty in ye Said Recognizance menconed of him ye Said Recog- nizor his Surety or Suretys, or if upon tryall before ye Said Court he shall not makie out a title to ye Land or Tenem’t on W’ch ye trempas s is alleadged to be doue paramount to ye possession or other title of ye adverse party Judgem’t shall be rendered for ye party upon whome ye trespass has been doue for treble damages & Costs of Suite But if ye Défendant in trespasse Justifieing on plea of title Shall refuse or neglect to become bound in manner as aforesaid then his plea shall abate and ye Justiee notwithstanding ye Same shall proceed to try ye Cause as aforesaid and upon due proof of ye trespasse Comitted by him shall award Damages against him accordingly to what shall be made out & Costs of Suite. And if upon ye opening & pleading of any Action of trespass there be proved any force or Violence and breach of ye peace ye party or partyes guilty thereof Shall be alsoe finied to ye King or otherwise punished as ye Law in Such Cases does provide. Alwayes provided y’t ye Citty and County of Albany ye County of Ulster Be Exemptjed from ye priviledge of this Act any thing herein Con- tained to ye Contrary hereof notwithstanding [CHAPTER 73.] [Chapter 73, of Livingston & Smith and Van Schaack, where the title onîy is printed. Printed in full in Brinley’s Bradford, pp. 132, 153. Title only is printed in Baskett, p. 38. Livingston & Smith and Van Schaack State that the act was passed May 5, 1699. From the Minutes of the Gouncil, it appears that the act was signed by the Governor, May 16, 1699. (See Journals of Legislative Council, p. 143.)] A Bill for ye raiseing of an Additional Duty for ye defraying ye Debts of ye Goverm’t. [Passed, May 16, 1699.] THE Représentatives Convened in Generall Assembly haveing under their Consideracon how much ye Creditt of ye Goverm’t has been Exhausted for ye want of haveing ye Debts of ye Goverm’t paid and Sattisfied as in Justice they ought to be & being willing that ye Creditt of ye Govemm’t should not Sinke but ye Same may be Supported & those whoi hâve been forward to Creditt & Assist ye Goverm’t upon Sundry Emergen- cies may be Lawfullv recompensed and Sattisfied for such their Service and y’t ye Contingent Charge of ye Goverm’t mav be Sustain^d hâve agreed v’t ye additional Dutys & Rates hereinafter menconed should be Levved Collected and paid. And pray that it mav be ENACTED Bee it therefore ENACTED by his Excel and Councill and Représentatives Convened in Generall Assembly and be it ENACTED by ye Authority of ye Same That404 LAWS OF THE COLONY OF NEW YORK. there shall be raised Levyed Collectée! and paid unto his Ma’ty for and Dureing the Space and terme of two yeares from and after ye publication of this act and no longer the Severail rates and Duties hereinafter menconed over and above ail other Duties Charges Impositions rates and Customes by any former Act & Acts Sett Established and Imposed That is to say ye rate duty and Cuistome of Six p Cent upon ail goods wares and merchan- dize of ye Growth production or manufacture of Europe that shall from and after ye publication hereof be Imported into this pro- vince and Dependencies from any other part or place than his ma’tys Kingdome of England Dominion of Wales & town of Barwick upon tweed And also ye rate Duty and Custome of Tenn per Cent upon ail woollen manufactures made in our neiglibour- ing Colonies w'ch shall be Imported into this province and Dependencies from and after ye publication hereof And also- ye rate and Duty of tenn Shillings Currant mony afore- said for each pipe of wine, that shall be Imported as aforesaid and So in proportion for a greater & Lesser quantity and the Sume of Thirty Shillings Currant mony aforesaid for each pipe of wine that shall be Imported as aforesaid from any other part or place than ye part and place where the Said wine was made and So in proportion for a greater and Lesser quantity and the Sum of one halfe penny Currant miony aforesaid for each gallon of Rum Imported as aforesaid And ye Sum of two pence Currant mony aforesaid for each gallon of Rum yt shall be Imported as aforesaid from any other part or place than ye part and place where ye Said Rum is made and Distilled And the Sum of three shillings Currant mony aforesaid for each barrell of Beer that shall be Imported as aforesaid, and So in proportion for a greater or lesser quantity And be it further ENACTED by ye authoritv aforesaid that ye Severall Rates and Duties hereby Imposed on ye goods wares merchandizes and Liquors aforesaid shall be raised Levyed Collected recovered & paid unto his ma’tys Collector and Receiver Generall for ye time being dureing ye terme before menconed in ve Same manner and forme and by Such allowances wayes and meanes and under Such penalties fines and forfeitures as are menconed Expressed and Directed in and by an act of Generall Assembly made in this présent Session of Assembly Intitled an Act for granting unto his ma’ty Severall Duties for ye Defraying ye publick Charge of ye Goverm’t after ye time Lymitted in an act Confirmeing & Con- tinuing unto their ma’tys ye Revenue Established by an Act of Generall Assembly for defraying ye publick & necessary Charges of ye Goverm’t is Expired in as full and ample manner as if ye Same were perticularly recited in this said Act any thing to ye Oontrary hereof in any wayes notw’thstanding.LAWS OF THE COLONY OF NEW YORK. 405 [CHAPTER 74.] [Chapter 74, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 129, 150; Baskett, p. 29. Baskett States that this act was conürmed by the King, September 5, 1700. See chapter 94, for another act on the same subject. Livingston & Smith and Van Schaack, State that tne act passed May 8. From the Minutes of the Legislative Council, it appears that the act was signed by the Governor, May 16. (See Journals of Legislative Council, p. 143.)] A bill for ye Regulateing Elections of Représentatives in General Assembly in each Respective Citty & County within this prov- ince. [Passed, May 16, 1699.] WHEREAS of late ye Election of ye Représentatives to Serve in Assembly in ye respective Cittys & Countyes of this province hâve been mannaged with great ourage tumult & Deceit to ye grevious oppresion And Depriveing of ye Subject of his Cheifest Birthright in Chuseing of his Représentatives in Assembly for Remedy whereof for ye time to corne and v’t ye Subject may freely enjoy his undoubted right of Electing his Représentatives without Disturbance or molestacon. BEE it ENACTED by his Excel ye Gov’r and Councill & Représenta- tives Convened in Generall Assembly And it is herebv Enacted by*ye Authority of ye Same v’t ye Représentatives of ye Cittyes and Countyes to be Chosen within this province to- corne to ye Assembly of our Lord ye King in this province hereafter to be holden shall be chosen in every Citty & County & mannor of this province who hâve right to Choose by people dwelling and résident in ye Same Cittyes Countyes and mannors whereof every one of them shall hâve Land or Tenem’ts Improved to ye vallue of fforty pounds in free hold free from ail Incumbrances & hâve possessed ye Same three montlis before ye test of ye said writt & thev w'ch Shall be Chosen shall be Dwelling & Résident w’thin ye Same Cittys Countys & mannors & Such as hâve ye greatest number of y?m who Shall hâve land or Tenem’ts Improved to ye vallue of forty pounds in ffreehold free from ail Incumbrances as afore- said shall be returned by ye Sherriffs of every Citty Countys & mannors Représentatives for ye Assembly by Indenture Sealed betwixt ye Said Sherriffs & ye Said Choosers so to h|e made & every Sherriff of this province shall be hereby Impowered & hâve Authority to Examin upon Oath every Such Chooser whether he be qualified by haveing Such an Estate as afores’d to Choose And if any Sheriff shall Returne Représentatives to corne to ye Assembly Contrary to ye intent of this Act, And406 LAWS OF THE COLONY OF NEW YORK. thereof be Convict in ye Supream Court of this province sball incur ye paine & forfeiture of ffifty pounds to ye use of our Lord ye King his heirs & Successors. And ye Représentatives returned contrary to this Act shall not be qualified to Sitt in Assembly, and shall loose their wages. And whereas ye ffree- holders & others in their right of Election as also ye persons by y’m Elected to be their Représentatives hâve heretofore been greatly Injured and Abused Now for nemedying of ye Same, & preventing ye like for ye future be it further ENACTED by ye authority aforesaid y’t when any New Assembly shall at any time hereafter be Sumoned or called there shall by forty days between ye test & Returns of ye Writts of Sumons And y?t ye Secretary or Clerk of ye Crown of this province shall Issue out ye writts for ye Election of Représentatives to Serve in ye Sanie Assembly w’th as much Expédition as ye Same may be done, And ye writts shall be Sealed & Delivered to ye respective sherriffs of ye Cittys and Countys aforesaid & that every Such Sherriff upon ye Receipt of ye Same Writt shall upon ye back thereof Indorse ye day he rec’ed ye Same and w’thin Six dayes after he hath rec’ed ye Said Writt of Election shall cause pub- lick notice to be given of ye time & place of Election, And give Six dayes notice at Lëast of ye day appointed to ye Constable of each towne within his Balywyick to be by ye Said Constables alïixed to ye most publick place of each towne as aforesaid for ye Election And bee it further ENACTED by ye Authority aforesaid that neither ye Sherriff or under Sherriff in any Citty or County within this province shall give pay receive or take any lfree Reward or Gratuity w’tsoever for ye makeing out Receipt Deliv- ery return or Execucon of any Such writt or precept. And bee it further ENACTED by ye authority aforesaid that upon every Election to be made of any Représentative to Serve in this or any future Assembly ye Sherriff of ye Citty or County where Such Election shall be made shall hold His Court for ye Same Election at ye most publick & usuall place of Election within ye Said Citty or County where ye Same has most usually been made, And in Case ye Said Election be not determined upon ye view with ye Consent of ye Electors there p’sent but y’t a poil shall be required for ye Détermination thereof yn ye Said Sherriff or in his Absence his under Sherriff with Such others as Shall be Deputed by him shall forthwith there proceed to take ye Said poil in Some open or publick place or places by ye Sanae Sherriff or his under Sherriff, as aforesaid in his absence or others appointed for ye takeing thereof as aforesaid. And for ye more due & orderly proceeding in ye said poil Said Sherriff or in his Absence his under Sherriff or Such as he shall Député shallLAWS OF THE COLONY OF NEW YORK. 407 appoint Such number of Clerks as to him Shall seem meet & Gou- vernent for takeing thereof w'ch Clerks Shall ail take ye Said poil in ye presence of ye Sald Sherriff or his under Sherriff or such as he shall Député and before they begin to take ye Said poil every Clerk So appointed Shall by ye Said Sherriff or his under Sherriff as aforesaid be Sworn truely & Indifferently to take ye Same poil and to sett Down ye naines of each Elector & ye place of his ffreehold & for whom he shall poil And to poil no Elector who is not sworn if So required by ye Candi- dates or any of them y’n & there présent (w’ch oath of je said Clerks je said Sherriff or his under Sherriff or such as he shall Député are hereby Impowered to Administer) And the Skeriff or in his absence ye under- Sherriff as aforesaid shall appoint for each Candidate Such one person as shall be nominated to him by each Candidate, y’n & there présent to be inspectors of every Clerk who Shall be appointed for takeing of ye poil & every Elector before he is admitted to poil at ye Same Election shall if required by ye Candidates or any of them first take ye oath hereinafter menconed w’ch Oath je said Sherriff by himself or his under Sherriff or Such Sworn Clerk by him appointed for takeing of ye Said poil as aforesaid are hereby authorized to Administer Vizt you shall Sweare y’t vou are a freeliolder for ye Countv of And hâve Improved Land or Tenem’t to ye vallue of ffortv pounds lveing at within ye said Countv of ffreehold. And that you hâve not been before polled at this Election nor hâve you procured this ffreehold to gaine vour Voice in this Election So help you God. And in Case any ffreeholder or any other person takeing ye said oath shall thereby Comit wilfull Corrupt per jury and be thereof Convic.ted or if any person doe unlawfullv or Corruptly procure or subborn any freeholder as aforesaid or other person & shall be thereof Convieted he and they for every Such offence shall Incurr ye like pains and penalties as are in & by one Act of parliam’t made in ye flfifth year of ye Reign of ye late Queen Elizabeth Intituled an Act for punishm’t of Such persons as shall procure or Comit any willfull per jury ENACTED against ail Such who Shall Committ wilfull perjurv or Subborn or pro- cure any person to Comitt any unlawfull And Corrupt perjury Contrarv to ye said Act And be it further Enacted be ye author- itv aforesaid that ye said Sherriff or in his absence his under Sherriff or Such as he shall Député as aforesaid shall at ye Same place of Election proceed to ye polling ail ye Elections then and there présent And shall not adjourne ye pôle then & there held to any other town or place within ye Same County without408 LAWS OF THE COLONY OF NEW YORK. je Consent of je Candidates then & there présent nor Shall bj anj unnecessarj adjournm’t in je Same place of Election pro- tract or delaj je Election but Shall duelj & orderlj proeeed in je taldng of je Said poil from time to time from daj to Daj without anj further or other adjournm’t without je Consent of je Candidates then & there présent untill ail je Electors then & there présent shall be polled & no Longer. And bee it further ENACTED be je a.uthoritj aforesaid that everj Sherriff under Sherriff or other Deputed bj him to whom je Election shall belong for je Electing of Représentatives to Serve in Assemblj Shall forthwith Deliver to such person or persons as shall Desire je Same a Coppj of je poil taken at Such Election paj- ing onlj a Reasonable Charge for writing je Same. And everj Sherriff under Sherriff or other person Deputed bj him to whome je Execucon of anv writt or precept for Electing Représentatives to Serve in Assemblj doth belong for everj wilfull offence Con- trarj to this act Shall forfeit to everj partj So greived the Sum of Thirtj pounds to be rece’d bj him or them his or their Execu- tors or Administrators togiether with full Costs of Suite, and for which he or thej maj Sue bj action of Debt bill plaint or Infor- macon in anj Court of Record in this province where no Essoign protection wager of Law privilège or Imparliance shall be admitted or allowed. And bee it further EN ACTE D bj je authoritj aforesaid that no person w’tsoever being under je âge of twentj one jeares Shall at anj time hereafter be admitted to give his Vote for Election of anj représentative or Repré- sentatives to Serve in this or anj future Assemblj. And that no person hereafter shall be Capable of being Elected a Représenta- tive to Serve in this or anj future Assemblj who is not of je Age of twentj one jeares. And everj Election Returne of anj person under jt âge is herebv declard to be null & void. And if anj Such minor hereafter Chosen, shall présumé to Sitt or vote in Assemblj he shall incurr Such penalties and forfeitures, as if he had presumed to Sitt and vote in Assemblj without being Chosen & returned. Alwajes provided that je ffreemen in je Corporations of je Cittjes of New York and Albanj hâve Libertj to vote in their respective Corporacons provided that thej hâve beien freemen of je Said Corporacons and hâve Actuallj dwelt there three months before je last of anj Such writt of Election in manner aforesaid shall be issued out anj usuage Custome or Law to je Contrarj hereof in anj wise notwithstanding and alwajes provided that nothing herein Contained shall be con- strued to hâve anj Représentative of this Assemblj of his right of Sitting therein So long as je Same Shall Continue anjthing to je Contrarj hereof in anj wajes notwithstanding.LAWS OF THE COLONY OF NEW YORK. 409 [CHAPTER 75.] [Chapter 75, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, 145, 166. The act does not appear to be in Basket! Livingston & Smith and Van Schaack, State that the act was passed May 8, 1699. From the Minutes of the Council, it appears that the act was signed by the Governor, May 16, 1699. (See Journals of Legislative Council, p. 143; see chapter 49, expired May 8, 1706.)] A BiH for Reviveing an Act of Assembly Expired by its owne Limittacon Entitled an Act for ye Régula teing ye retaineing Attor- neys at Law. [Passed, May 16, 1699.] BEE it ENACTED by his Excel, and Councill & Représenta- tives Convened in General 1 Assembly and the authority of.ye Saine that an Act of Assembly Entitled an Act for ye Regulate- ing the Retaineing Attorneys at Law which is Expired by the Limittacon therein menconed be Continue abide & remaine in full force and vertue to ail Intents and purposes whatsoever and ail the Articles & Clauses therein menconed are to- abide and Continue in like force and Vertue to ail Intents and pur- poses wt’soever in as full and ample manner for the Space of Seaven yeares next and after the publication hereof as if the Same were particularly recited in this Act any thing therein to the Contrary hereof in anv wayes notwithstanding. [CHAPTER 76.] [Chapter 75, of Livingston & Smith and Van Schaack where the title only is printed. This act is not printed in Brinley’s Bradford or in Baskett, or is any reference made to it. The Commissioners hâve been unable to discover a copy of the original in the office of the Secretary of State. Livingston & Smith and Yan Schaack, say thac the act is lost. From the Minutes of the Council of May 10, 1699, it appears that the act was passed by the council on that date and sent to the représentatives for their assent. (See Journals of Legislative Council, p. 138.) It does not appear from the Minutes of the Assembly, that the bill ever passed that House, or that it was signed by the Governor. The Commissioners are of opinion that it never became a law.] An Act for preventing Frauds and Em- bezzelments, and for the better Regulating and Securing his Majesty’s and his Sub- jects, just Rights to ail Drift-Whales, and other royal Fishes, that shall be cast on the Shore, or found floating on the Co grant Comissions under the Seale of this province to such persons as are herein named and appointed from time^ to time to call Assemble and Authorize Court Marshalls for punishing such offenders as afore- said. And it is hereby further Enacted and declared that no Court Marshall which shall hâve power to Inflict any punishment by virtue of this act for the offences aforesaid shall Consist, of Lesse Number than seaven, four whereof to be Members of his Majties Councill of this province, whereof his Majties Chief Justice of the said province for the time being allwayes to be one, and the rest of the said Number of Seaven to Consist of the chief Military Officers who Comand the Established fforces aforesaid under the Governor or Comander in Chief for the time being, and the place for holding the said Court Marshall to be where the Governor or Comander in Chief shall appoint and Direct And be it further Enacted by the authority aforesaid, That such Court-Marshall shall hâve power and authority to Administer an oath to any Wittnesses in order to the Examina- tion or Tryall of the Offences aforesaid Provided allwavs that nothing in this act Conteined shall Extend to be Construed ta43 G LAWS OF THE COLONY OF NEW YORK Exempt any Officer or Souldier whatsoever from the ordinary processe of Law. Provided allways that this Act nor any thing herein Conteined sliall Extend, or be any ways Construed to Concern any of the Militia forces in this province or Deta clament of the saine And Provided allways and be it Enacted that in ail Tryalls of Olïenders by Court Martiall to be held by virtue of Act where the offences may be punisked by death every person présent at such trvall before any proceedings be had thereupon shall take an oatli upon the Evangelist in open Court before the Govemor or Comander in Chief for the time being or whome he shall autliorize and appoint to administer the same in these words (tliat is to say) You shall well and truly try and détermine between our Soveraigne Lord the King and the Prisoner to be tryed so help you God. And no Sentence of Peath shall be given against an}T Otfender in such case by any Court Marshall unlesse five or more of the seaven persons shall concurr therein, by which majority of five or more so sworn as aforesaid the Judgment shall pass and no proceedings trvall or Sentence of Death shall be had or given against any Offender but between the hours of Eight in the morning and one in the afternoon And be it furtlier Enacted And it is hereby Enacted by the authority aforesaid That the Govemor or Comander in Chief for the time being hâve, and are hereby authorized and Impowered to nominate authorize and appoint a fitt person to be Judge Advoeate witli ail other necessary inferior Officers proper for such Court Marshall as aforesaid And be it further Enacted by the authority aforesaid That whatsoever person or persons Inhabiting Residing or Sojourning within this province shall after publication liereof knowingly Reçoive, harbour, Enter- tain er Conceale any of his Majesties Souldiers who shall Desert his Majesties Service in tlieir houses barns Stables or any other cotoeealed places in any part of this province or shall be in anv manner of way ayding helping, Advising Assisting or Incour- aging to any of the said Souldiers to desert his Majesties Ser- vice, or be any ways helping to carry any of the said Souldiers out of this province either by Ship, Parke, Sloop, Vessell, Boat, Canoa, horse or any other way, shall for eacli such offence pav or forfiet the sume of Twenty pounds Currant money of this province to be Recovered by bill plaint or Information in any Court of Record within this province where no Essoign Protec- tion or wager of Law shall be allowed, one half wliereof to the poor of the parish where the offence is comitted and the other half to the Informer or him that shall sue for the same, which said Courts are hereby Impowered and authorized to hear try and détermine the same; and that if it shall happen that any per-LAWS OF THE COLONY OF NEW YORK. 437 son or persons as aforesaid that shall be Convicted of any of the aforesaid Offences, and hatk not Chattells Lands Goods or. Tene- ments for sattisffying the forfietures aforesaid sliall be Severely whiped upon bis naked baek according to the Discrétion and direction of that Court of Record where the prosecution shall be made, provided they do not Exceed the Nurnber of fforty Lashes save one, And to the End that ail such as shall Desert his Majesties Service aforesaid may be taken up and brought to their Respective Offîcers Be it further Enacted by the author- ity aforesaid, That whatsoever person or persons that shall dis- cover any Souldier Listed in his Majties Service as aforesaid that are absenting themselves or deserting the said service, and bring the said Souldiers unto his Majesties Garrisons of New York or Albany or any other Garrison in this province, and in the doing whereof ail his Majties Justices of the peace, Sheriffs, Undersheriffs, Constables, and ail other his Majties officers both Civill and Military are hereby Required to be aiding and Assist- ing both in the Discovery and bringing of such Deserters to his Majties Garrisons of New York and Albany or any other in this province as aforesaid And be it further Enacted by the authority aforesaid that if any persons shall knowingly buv or Exchange or otherwise reçoive any arms Clothes or Accoutrements belong- ing to the King from any Souldier or Deserter upon any account or prêt en ce whatsoever, the person so offending shall forfiet for every such offence Tenn pounds, and being Convicted thereof at the Quarter sessions the sarne shall be Levied by distresse by warrant under the hands of two or more Justices of the peace, upon the goods and Chattles of such offender one moyety thereof to be payd to the Informer, and the other Moyety to the poor of the parish where such Ofïender shall Résidé, And if anv person so prosecuted for harbouring Concealing or Assisting a Deserter or for buving Exchanging or Receiveing Arms Cloaths or Accom trements shall be found not guilty he shall Recover TrebleOosts, to be Recovered as Costs in any other Case, where by the Said Costs are given to Défendants And be it further Enacted by the authority aforesaid that upon the Publication of this act, an Act of Generall Assembly of this province made in the- Eleaventh year of his Majties Reigne, Intituled an Act for preventing Soul- diers Listed in his Majesties Service in this province of New York from deserting his Majesties Service be and is hereby Repealed Reversed Yacated and become null and voyd and of none Effect & the s’d act & ail the Articles & Clauses therein mentioned are hereby deelared to be repealed reversed vacated & become null voyd & of none effect to ail Intents Constructions and purposes whatsoever any thing Conteined in the said Act to the contrary*38 LAWS OF THE COLONY OF NEW YORK. hereof in any wise notwithstanding. Provided that this act and Every clause therein conteined shall only be of force for the time of Three yeares from and after the publication liereiof any thing to tbe contrary hereof in this act conteined in any wis(e notwithstanding. [CHAPTER 88.] [Chapter 88, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 190 (183); Baskett, p. 42. The original of this act is not in the office of the Secretary of State. The copy here printed was made from the enrollment thereof in the State Library. This act expired October 29, 1705. Revived by chapter 197. Livingston & Smith say that the act was passed October 29, 1700, but from the Minutes of the Council it appears to hâve been signed by the Governor, November 2, 1700. (See Journal of Legis- lative Council, p. 155.)] ~ 4 An Act for the Incouraging of SeamenA [Passed, November 2, 1700.] Bee it Enacted by the Governor and Councill and Représenta* tives Convened in Generall Assembly, That whatsoever Taxera- keeper Alehouse-keeper Victualler or Victuallers with the City and County of Xew York, that shall Trust or Creditt any Seaman belonging to any ship or Vessell that is in, or shall hereafter corne into the Road or harbour of the said City for any sum of money above the sum of six shillings Currant money of this province shall loose the same, and no writt or process shall go out against any Seaman as aforesaid at the suit of any Taxera keeper, Alehouse keeper or Victualler witliin the City aforesaid and County for any greater sum than six shillings as aforesaid, Except he be Master of some ship or Vessell. And if any Tavern-keeper, Alehouse-keeper or Victualler within the said City, shall trust or give Creditt ta anv Seaman that is out of Service for any greater sume than Twelve pence, p day, so long as he shall be out of Service, shall likewise loose the same, and no Tvritt or process shall go out against any Seaman at the suit of any Tavern-keeper or Alehouse-keeper within the said City and County for any greater sum than the proportion of twelve pence p diem dureing the time he shall be out of service, Except a Master of a Ship or Vessell as aforesaid. And if any Clark of the Courts of Record within the said City and County shall issue any writts against any Seamen Circumstanced as aforesaid contrary to the Intent and meaning of this Act shall for his offence forfiet the sume of ffive pounds Currant money of this province to be recovered before the Mayor or Recorder or any two of his Majties Justices of the peace of the said City and County the one half to the use of the poor of the said .City, and the other half to the Informer or him who shall sue for theLAWS OF THE COLOXY OF NEW YORK. 439 same witliout further appeàle. And ail Masters of Vessells trading to and from the said City shall within fforty Eiglit heures after his or their arrivall bring unto the Town Clark of the said City, a list of the names of ail such Seamen as he did Import or belong to his and their Vessells and the same cause to be Registred in the Office of the said Town Clerk who shall take no greater Reward for the same than one shilling Currant money aforesaid. Provided that this act shall not continue in force longer than five yeares after the publication hereof. [CHAPTER 89.] [Chapter 89, of Livingston & Smith and Yan Schaack, wliere the title only is printed. Printed in full in Brinley’s, Bradford, p. 191, 184. Title only is printed in Baskett, p. 43. The orignal of this act is not in the office of the Secretary of State. The copy here printed was made from the enrollment thereof in the State Library. This act expired October 29, 1705. Livingston & Smith State that this act was passed October 29, 1700. From the Minutes of the Council, it appears to hâve been signed by the Governor, November 2, 1700. (See Journal of Legislative Council, p. 155.)] An Act for the Incouraging the brewing of Beer and making of Malt within this province. [Passed, November 2, 1700.] Whereas the Représentatives of this province now in Generall Assembly Convened do find that the Brewing of Beer and making of Malt is greatly Discouraged within this province by reason of the great Quantities of Beer and Malt dayly imported to the great Discouragement of the trade and Manufacture of the same, Xow to the End that the Inhabitants of this province may be Incouraged in the brewing of beer and making of Malt Be it Enacted and it is hereby Enacted by his Excellencÿ the Gov- ernor and Councill and Représentatives now in Generall Assembly convened, and by the authority of the same, that the following rates and duties be paid unto his Majesty his heires and Sue- cessors for and towards the Support of the Government and the Contingent charges thereof from and dureing the time and Terme of ffîve yeares Comencing from and after the first day of January next ensuing the publication of this act (that is to- say) the sume of Xine shillings Currant money of this province on each Barrill of beer imported into this province from any of his Majesties plantations in America and so proportionably for a greater or Lesser Quantity and the sume of one shilling Currant money aforesaid for each Bushell of Malt imported from any of his Majesties plantations in America as aforesaid and so proportionably for a greater or Lesser Quantity and Be it Enacted by the authority aforesaid That the rates and duties440 LAWS OF THE COLONY OF NEW YORK aforementîoned be Levyed Colîected and payd in such manner and under such régulations and Distributions and upon such fîmes and fforfietures as is declared in and by one Act of Assembly Tntituled An Act for granting unto his Majesty sev- erall duties for the defraying the publick Charge of the Gover- nient after the time Limitted in an Act Confirming and Continu- ing unto their Majesties the Revenue Established by an Act of Generall Assembly for defraying the publick Charges of the Goverment is Expired to ail intents Constructions and purposes whatsoever as if the said act and every clause therein con- teined had been in these présents particularly mentioned and Expressed any Law usage or Custom to the contrary hereof in any ways notwithstanding. [CHAPTER 90.] [Chapter 90, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradfbrd, pp. 191, 184. Title only is printed in Baskett, p. 43. Baskett States that the act was re- pealed February 11, 1702. (See chapter 3G.) The original of this act is not in the office of the Secretary of State. This copy is ma de from the enrollment thereof in the State Library. Livingston & Smith and Van Schaack, State that this act was passed October 29, 1700. From the Minutes of the Council, liowever, it appears to liave been signed by the Governor, November 2, 1700. (See Journal of Legislative Council, p. 155.)} An Act for Declaring the Town of East- chester, in the County of Westchester, A Distinct Paris h from the Town of West- chester in the Oounty aforesaid. [Passed, November 2, 1700.] WHEREAS by an Act of the General Assembly of this Prov- ince, Entituled, An Act for settling a Ministry and rais- ing a Maintenance for them in the City of New York County of Richmond, West-chester and Queens county, it is among other things declared and Enacted, that. the Towns of Westchester East-chester, Lower Yonckers, the Mannor of Pelham in the County of Westchester, should be a Parish fogether, for the better maintaining of a good and suôicient Protestant Minister. And whereas since the making of said Act, it ha s been found Inconvénient, and to the great discouragement of Religion and the publick worship of God, for the Inhabitants of East-chester to travel to West- chester aforesaid, to be présent at the Preaching of the Word of God, wherefore the said Inhabitants and Freeholders of the Town of East-chester, aforesaid, hâve by their hum- ble Pétition to the House of Représentatives now eonven’d in General Assembly, most humbly pray’d that it mightLAWS OF THE COLOXY OF XEW YrORK. 441 be declared and Enacted, and be it declared and En- acted b y his Excellency, the Governour and Council, and Représentatives now conven’d in General Assembly, and by tbe Authority of tbe sanie, That tbe said Town of East-chester in tbe Connty of Westchester, be from bencefortb and for ever bereafter, seperated from tbe Parisb of Westcbester, Eastchester, Lower Yonkers and tbe Mannor of Pelbam, to ail intents constructions and purposes whatsoever, tbe said Act Entituled, ANT Act for setling tbe Ministrv and raising a Maintenance for tbem in tbe City of Xew YTork, County of Richmond, Westcbester, and Queens County, or any otber Act to tbe contrary bereof, in any ways not- withstanding. And be it further Enacted by tbe Autbority aforesaid; Tbat tbe said Town of Eastcbester in the County of Westcbester, Be and is hereby declared to be and remain forever a Distinct Parisb from tbe Parisb of Westcbester, Eastcbester, Lower Yonkers & the Mannor of Pelbam, by tbe name and style of tbe Parisb of Eastcbester in tbe County of Westehester, Provided that tbe Freeholders and Inhabitants thereof do maintain a good ortho- dox Protestant Minister in tbe said Town of Eastcbester, any Law, LTsage or Custom to tbe contrary bereof in any ways notwitbstanding. [CHAPTER 90a.] [Tins act does not appear in Livingston & Smitli, or Yan Scliaack. The title only is printed in Brinley’s Bradfor’d, pp. 191, 181. An act of the same title was signed by the Governor, August 9. 1700, which Livingston & Smith evidently considered to be indentical with this act. The Minutes of the Council, however, for November 2, 1700, indicate that a distinct act of this title was signed by the Governor on that date. (See Journals of Legislative Council, p. 155.) The original of this act, is not in the office of the Secretary of State. This copy is made from the enrollment thereof in the State Library.] An act for appointing and enabling Commissioners to examine, take and state tbe publick Accounts of this province. [Passed, November 2, 1700.] WHEREAS this province in tbe late long warr hâve been at great Expence of blood and treasure for tbe defence thereof, and wbereas sonie persons p'tend great sums of money yett to remain unpayd, and tbat tbe funds granted in Generall Assembly bave been not sufficient to defray tbe same. Therefore for tbe better knowledge Examination and stating tbe accounts of tbe Receipts Issued and Disbursenu nts of the publick Revenue of this province and sucli taxes raised and imposed upon tbe people tliereof by acts of tbe Generall Assembly for tbe Defence of this province in tbe late warr with tbe ffrench and tbeir Indians, and otber 56442 LAWS OF THE COLONY OF NEW YORK. the Incidentall Charges thereof, as well in the said time of warr as also at any time since AND WHEREAS the Commissioners appointed by an act of Generall Assembly Entituled an Act for appointing and Enabling Commissioners to Examine take and State the publick Acounts of this province hâve acording to the direccons of the said act proceeded in the Examining and Stating the publick Accounts of this province, and Reported the same unto the house of Représentatives now in Generall Assembly Convened, and upon Considération HAD OF the same that the said act Expired by its own Limitation on the first day of this présent sessions of Generall Assembly BE IT ENACTED by his Excellency the Governor and Councill and Représentatives con- vened in General Assembly, and it is hereby Enacted by the authority aforesaid that Leonard Lewis Esq: Abraham Gouver- neur Esq. Speaker of the lion’ble house of Représentatives of this province of New york Rip van Dam of the City of New York Merchant, Cornélius Sebering Esqr: and David Provoost junior Esqr: slia.ll be and are hereby Constituted Comissioners for Examining takeing and stating the accounts of ail mony of the said public Revenue of this province, and ail the accounts of Taxes Subsidies or aides granted unto the late King Charles the second and the late King James the second his posent Majestv and the late Queen Mary of happy memory, and since to his Majestv from and after the arrivall of Collonel Thomas Dongan late Governor of this province untill the first day of October of this présent yeare seaventeen hundred, and of ail Euibezillments and Concealments of goods and moneys seized and forfeited to the Kings Majestey by anv penalty Law or Statute. AND BE IT FURTHER ENACTED by the authority aforesaid that the said Comissioners or anv tliree or more ofthem are hereby Impowered to Issue fortli tlieir warrants under their hands and seales to order the Collector or Receiver Generall of this province, or the Comissioners for exeeuting the office of Collector and Receiver Generall of this province for the time being to lay before them the accounts of the publick Revenue and ail the accounts of Taxes Subsidies or aids granted unto the late King Charles the late king James the second, unto, his Majestv and the late Queen Mary of liappy memory, and since to his Majestv from and after the arrivall of Coll. Thomas Dongan late Gove rnor of this province untill the beginning of this présent Sessions of the Generall Assembly, together with the accounts of the Issues and Distribu- tions of the same, and every part tliereof to anv person or per- sons whatsoever or for wliat use or uses soever AND BE IT FLRTHER ENACTED by the authority aforesaid that the said Commissioners or anv three or more of them hâve power to give publick notice to ail persons that can give them any light in theLAWS OF THE COLON Y OF NEW YORK. 443 niacter of the Accounts or any Rtlating tkerto to the end they may know every man's pretension and to send for Records and papers theretorelating, and that they the said Comissioners or any three or more of tliem be hereby fully impowered and Authorized at certain day s and times to cause to corne before them or any three or more of tliem ,all sucli person or persons concerned in having bad any part of the publick money, and toi lay before them the accounts for whicli tliey had or P'tend the certain sûmes of money, and also ail persons suspected to hâve been any ways concerned in the Embezilling or Concealing any goods or money s seized or forfeited to the King's Majesty by any penall Law or Statute in this province, and to Examine them upon oath to the same or to ail or any Articles thereof, and tliat~ if they or any of them do refuse to give such aecount on oaths as aforesaid tliat the said Comissioners or any three or more of them do desire the Governor of this province by writing under their hands to comitt such person or persons to Goale without Baile or Mainprize in the City or County wliere such person or persons shall Résidé untill he or thev give sucli accounts and swear as aforesaid, or pay and refund tlie sume of money he she or they refuse to swear *to. AND BE IT FURTHER ENACTED by the authority aforesaid Tliat ail and Every the Comissioners afore- said shall take the oaîli hereafter mentioned before the Gover- nor of this province for the time being Vizt; I A: B: do swear tliat aceording to the best of my skill and knowledge, I shall faithfully impartially and truly without favour or affection to any demean my self in Stating and Examining ail the publick accounts of this province brought and to be brought before me in Execution of an Act Intituled an Act appointing Commis- sioners to Examine take and state the publick Accounts of this Goverment aceording to the ténor and purport of the said act. So help meGod. PROVIDED tliat this act and every Clause therein Contained shall be of force for one whole yeare next after the publication liereof and from thence untill the first day ôf the next Session of General Assembly and no longer, any thing to the contrary hereof in this act contained in any wise notwith- standing. AND BE IT FFRTHER ENACTED by tlie authority aforesaid That the Comissioners or any three of them or more are hereby ordered to make Return of their proceedings herein the first day of every Sessions of the General Assembly unto the liouse of Représentatives until the said act shall Expire to the end such further Considération may be had in the Assembly of the matters aforesaid as for the peace and welfare of this prov- ince shall be thought Convenient. AND1 BE IT FFRTHER ENACTED by the authority aforesaid, that the said Comis-444 LAWS OF THE COLOXY OF XEW YORK. sioners shall be pay'd for tbeir pains and trouble in tlie matter aforesaid, as, tbe General Assembly at the Expiration of tlie said act shall think fitt. [CHARTER 91.] [Chapter 91, of Livingston & Smitli, and Van Scbaack. wlicre tlio title only is printed. The act is printed in full in Brinley's Bradford, p. 190, 185. Title only is printed in Baskett, p. 43. Livingston & Smith and Van Scliaack State tliat tlie act was passed November 1, 1700. From tlie Minutes of tlie Council, however, it appears tliat the act was signed by tlie Governor, November 2, 1700. (See .Tournais of Legislative Coun- cil, p. 155. Tlie original of tliis act is not in the office of tlie SecvKary State. Tlie copy here printed was made from tlie enrollment tliereof in vthe State Library. Tlie act repealed b.v tliis cliapter is chapter 86.] An Act for repealing an act of Assembly Entituled an act for tlie better Securing the ffive Xations of Indians in tlieir ffidelity to his Majtie and for granting unto liis Majtie the Sume of one thousand pounds for building a ffort for the Security of the ffive Xations of Indians. [Passed, November 2, 1700.] Whereas the Generall Assembly of tliis province at tlieir last Sessions did tliinke Convenient to build a ffort for tlie Securing the ffive nations of Indians at Su ch place as Should be thought most Convenient for tlie sanie, and for tlie defraying the Charge thereof it was Enacted by an act made in tliis présent year of his Majties reign, Entituled an act for the better Securing the five nations of Indians in tlieir ffidelity to his Majtie that the Sume of one thousand pounds Currant money of tliis province should be raised by way of Severall rates and duties in the said act menconed to be in fforce for one whole year and no longer. And Whereas the représentatives now in Genll. Assembly Con- ven’d hâve Considered that the Continuaeon of tlie said act miglit prove very Inconvénient to the trade of tliis province and the lessening of other his Majties revenues as also that tlie Sume menconed in the said act would not be Sufficient to defray the Charge of the building compleating and finisliing of the said ffort the building whereof being approved by his Majtie and also Considering the Sume of ffive hundred tliirtv Eiglit pounds five Shillings and Six pence hath been received by the Commissioners of the Customes by virtue of the said act from the publication thereof untill the twelfth day of October Instant, and therefore thought fitt that the Sume of one thousand pounds be assessed levyed and raised upon ail and everv the ffreeholders Inhabitants and Sojourners of and in this province in su ch manner and pro- portion as is herein after Expressed, to be added to the Suime ofLAWS OF THE COLONY OF NEW YORK. 445 ffive hundred pounds part of the said ffive hundred thirty Eight pounds five Shillings and Six pence raised as aforesaid, and the reniaining thirty Eight pounds five Shillings and Six pence to be disposed of as bv the Genll: Assembly shall be though fitt; Bee it therefore Enacted by his Excellencv the Governor and Councill and représentatives in Generall Assembly Convened and, it is hereby Enacted by the authority aforesaid, that the said act Entituled an act for the better Securing the five nations of Indians in their fidelity to his Maty be from and after the said Twelfth day of October Instant, repealed, reversed vacated and beconie null void and of none effect, and the said act and ail the articles and Clauses therein menconed are hereby Declared to be repealed reversed, vacated, and beconie null void and of none effect to ail Intents Construccons and purposes what- soever from and after the said twelfth day of October Instant aforesaid, Provided and be it further Enacted that the said Sume of ffive hundred thirty Eight pounds five Shillings and Six pence be Imployed (that is to say) ffive hundred pounds thereof for and towards the building and finishing of the said ffort and the reniaining thirty Eight pounds five Shillings and Six pence to such uses as the Genll: Assembly shall think fitt. And bee it further Enacted by the authority aforesaid, That the Sume of one thousand pounds Currant money of this province be laid Assessed levyed and raised up-on ail and every the ffreeholders Inhabitants residents and Sojourners of and in this province for the building finishing and Compleating the said ffort and for no other use whatsoever, That is to* say one thousand pounds over and above the said ffive hundred pounds raised by the said act, Entituled an act for the better Securing the ffive Nations of Indians in their ffidelitv to his Majestie, wffiich said Sume of one thousand pounds shall be raised, Assessed, Colleeted, levyed and payd unto his Majesties Collector and receiver Generall for the time being at the Citty of New York at or before the first day of May next whicli shall be in the year of our Lord one thousand Seaven hundred and one, in such manner and according to the Severall and respective Quota’» and proportions fo-llowing, That is to say for the City and County of New York Two hundred Eight ffive pounds and tenn Shillings Currant money aforesaid for the Coutny of West Chester the Sume of ffifty one pounds fourteen Shillings, for the County of Richmond Twenty Three pounds and ten Shillings, for Rings County one hundred fforty Seaven pounds for Queens County one hundred Sixty four pounds ten Shillings,for the County of Suffoîk one hundred Seaventy foufi pounds, four Shillings, for Flster and Dutchess County Eighty four pounds Twelve Shillings, for the County of Orange Nine446 LAWS OF THE COLONY OF NEW YORK. pounds and for tlie City and Connty of Albany Sixty pounds ail of Currant money aforesaid. And for tke due and better Asses- sing levying and paying tlie aforesaid Sume of one thousand pounds. Bee it further Enacted by the authority aforesaid That tlie Mayors and Aldermen of the City’s of New York and Albany the Justices of the peace for the time being for the Severall respective County’s aforesaid for which they shall be Justices of the peace do witliin fforty dayes after the publication hereof Assemble and meet together in the Court house for the Severall and respective Cityes and Countyes or Such other place or places as they shall agréé on and there order that the Assessors and Colleetors for the Citys of New York and Albany, and the Severall and respective Towns mannors or Liberty’s within their Severall Jurisdiccons for the Assessing Collecting and receiving of the publick rates for the defraying of the publick Charge of each respective City’s and Cbuntys aforesaid be the assessors and Colleetors for the assessing Collecting and receiving the sume or Sûmes of money hereinbefore menconed according to the proporcons before Expressed as to the said Mayors Aldermen and Justices shall Seem meet and reasonable, and forasmuch as there are Severall Towns mannors and Juris- diccons within the respective County’s aforesaid who refuse neglect or do not Elect annually or once every year Assessors or Colleetors whereby tlie Intent of this act may be evaded and frustrated. Bee it further Enacted by the authority aforesaid. That if any of the respective Towns mannors or Jurisdiccons within the Severall Countyes aforesaid shall refuse neglect delay or deny to Chuse or Elect Assessors and Colleetors for the Asses- sing of the Severall and respective Towns mannors and Juris- diccons and for the Collecting tlie same according to the true intent meaning and direccons of this act, then and in such Case it shall and may be lawfull for the Justices of the peace or any two of them in the Countyes wliere such towns mannors and Juris- diccons are who are liereby Impowered and authorized to nomi- nate and appoint Assessors and Colleetors for such towns man- nors and Jurisdiccons as shall refuse neglect delav or deny as aforesaid which Assessors or Colleetors so nominated and appointed in manner aforesaid shall to ail Intents and purposes be Deemed and Esteemed the Assessors and Colleetors of the said Towns mannors and Jurisdiétions and observe and Exécuté the Directions of this act. And be it further Enacted by the authority aforesd That the said Mayors and Aldermen the Jus- tices of the peace for the respective City’s and County's hâve and Shall liave by virtue of this act full power and authority each of them by himself to administer to such Assessor or AssessorsLAWS OF THE COLOKY OF KEW YORK. 447 that shall be Elected or nominated and appointed in manner aforesaid an oath that they shall well and truely Exécuté the office of an Assessor and well truely Equally Impartially and in due proportion assess and rate the Estâtes of the Inhabitants residents Sojourners and fîreeholders of the respective places for which they shall be Chose Elected nominated and appointed assessors ac-cording to the best of their Skill and knowledge and therein they shall spare no person for favour or affection or greive any person for hatred or ill will and the said assessors are hereby required to Deliver. one Copy of their Assessment fairly written and Subscribed by them unto the said Justices or to the office of the Clerk of the peace of the respective County to which they belong And the said Justices for each respective County or any two or more of them are hereby ordered and required to Cause the said Severall Assessments to them Delivered to be fairly written and to' Sign and Seal Severall Duplicates or Copies of the said Assessment and one of them So Signed and Sealed forthwitli deliver or Cause to be Delivered unto the respective Collée tors within the Severall and respective Cityes and County’s aforesaid and shall likewise Deliver or Cause to be Delivered an other fair Copy so Signed and Sealed unto the Clerk of the peace of each respective City and County to- which they shall belong there to be filed and remain upon record. And be it further Enacted by the authority aforesaid that if any person or persons Chosen Elected nominated or appointed in manner aforesaid assessors or Collectors sliall deny neglect refuse or delay to* Collect any Sume or Sûmes of money in form before menconedthen and in Such Case it shall and may be lawfull for anv two of his Majties Justices of the peace of the City or County where such offenders shall happen to résidé and wlio are hereby required and Impowered to do the sanie by warrant under their hands and Seal s to Comitt Such Collectors or Assessors so denying refusing neglecting or delaying or unequally impartially assessing or refusing to Collect as aforesaid to the Oomon Geoal there to remain without Baile or mainprize till he or they shall make fine and ransom to his Majtie for such his Contempt as afore- said, and upon such Comitment the Justices are Speedily required to nominate and appoint other Collectors and Assess- ors in their room and Stead. And Bee it further Enacted by the authority aforesaid, that if any person or persons, shall neglect or refuse to pay the Severall rates and Assessments wherewith they are Charged by this act of Generall Assemblv for or in respect of his or their goods or Chattells Lands or Tenements upon demand of ye Collectors that shall be Chosen and appointed to receive the same or within ten daves next448 LAWS OF THE COLONY OF NEW YORK. after the said Deniand it shall and ma y be lawfull to and for Such Collectors and they are hereby reqnired and Iinpowered for non payment thereof by warrant under the hands of two Jus- tices of the peace to destrain the person or persons for refusing or neglecting to pay on his or their goods or Chattells or destrain in and upon the Messuages, Lands and Tenements so Ckarged and the Goods and Chattells then and their found and the distress so taken to carry away and the same to Expose to sale in the City Town or County where such distress is made for the payment of the said rate or Assessment and the over- plus comeing by the said Sale if any be over and above the Charges of taking and carrying away the said Distress to be Immediately returned to the owner thereof, which Charges to be allowed by two Justices of the peace of the respective City or County And moreover it shall and may be lawfull to breake open in the day time any house, and upon warrant under the hands and Seals of any two or more Justices aforesaid any Chest Trunk or box or other tliings where such goods are and Call to their Assistance the Constables and any other persons wûthin their respective Cityes Countyes Towrns raannors or Jurisdictions w7liere any refusall neglect or résistance shall be made which said Officers and persons are herebv required to be aiding and Assisting in the prémisses. And be it further Enacted by the authority aforesaid That if any Mayor Alderman or Justice of the peace wuthin this province wTho are hereby required Impow ered or Authorized to take effectuall care that this act and everv article and Clause therein be duely Executed according, to the true Intent and meaning thereof, shall deny, neglect, refuse, or delay, to perform fullfill and Exé- cuté ail and everv the duties pow7ers and authority's by this act required and Impow’ered by him or them to be done per- formed fullfilled and Executed and shall thereof be Convicted before his Excellency the Governor and Councill or by any of his Majties Courts of Record within this province he or they shall Suifer Such pain by ffine and Imprisonment as by the Discrétion of the Governor and Councill or the Justices of the said Courts shall be adjudged. And bee it further Enacted by the authority aforesaid That if any Bill plaint or Informacon shall be brouglit moved or prosecuted at any time hereafter against any person or persons for any matter Cause or tliing Done or acted in pursuance or Execution of this act Such per- son or, persons so sued or prosecuted in any Court whatsoever, shall and may plead the Genll. Issue not Guilty and give this act and the Speciall matter in Evidence and if the plaintif! or prosecutor be non Suited or forbear further prosecution or Suffer Discontinuance or verdictYo pass against him the Defend-LAWS OF THE COLONY OF NEW YORK. 449 ant shall recover Speciall Costs for whicti they shall hâve the like remedy as in Case where Costs by the Law are given to Défendants. Provided alway’s that no Mayor Alderman or Justice of the peace shall be Sued prosecnted or molested for any omission offence or neglect by virtue of this act but within the Space of one vear after such omission offence or neglect and not at any time hereafter any thing herein Conteined to the Contrarv hereof in any wise Notwithstanding. And bee it further Enacted by the authority aforesaid, that Hendrick Han- sen John Bleeker and Peter van Brugh E.sqrs: be and are hereby appointed managers of the building erecting and finishing the said ffort and providing materialls and workmen for the same under the direction of his Excellency the Governor aforesaid. And that in Case of the death or other disability of the Man- agers for the building the said ffort, that the Govenrnor or Com- ander in Cheif of this province for the time Beîng do< nominate and appoint another or other fitt person or persons in the room or stead of him or them so dyeing or being otherwise disabled as aforesaid. THE EIGHTH ASSEMBLY. First Session. (Begun Aug. 19, 1701, 13 Wm ni, John Nanfan, Lieutenant Governor.) [CHAPTER 92.] [Chapter 92, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 173, 206. Title only is printed in Baskett, p. 52. Part of this act expired in three years and the remainder relating to ferriage fees is provided for by chapter 593.] • An Act for Encouraging the City of New York [Passed, October 18, 1701.] WHERE AS the Citty of New York is the most Ancient City of this Province, and is now, and for Some time Since hath been at very great Charges & Expences for the building and main- taining of publick buildings for the Hon’r & Réputation of this Province, by reason whereof the Treasury of the said Citty is Exhausted, and great Sums are yet wanting to Compleat the matters aforesaid. Now for the ease, benefit Comodity, encour- agement and Assistance of the said Citty of New York and to the end the Suprême Court of Judicature within this Citty and County and the Court of admiralty for this province may hâve Conveniences for their Sittings in the City hall of this City, without charge to the Orowne, May it please your Honours, That 57*50 LAWS OF THE COEONY OF NEW YORK. it may be declaned and Enacted, And it is hereby Enacted by the Gov’r and Council, and Représentatives in General Assembly Oanvened, and by the authority of the Same, that tbe rates and Duties hereinafter nanied, be raised, Imposed, Collected and paid for and during the time, and terni of three years, from and after the last day of this présent Sessions of the Generall Assembly, ta be paid unto Such Officer as the Comon Council of the said City, shall from time to time appoint, for the use of the said City, which Comon Council are hereby Authorized and Impow- ered to appoint Such officer aecordingly, during the time and terme aforesaid, That is to Say, the Sum of One Shilling Currant Moniey of this Province for each half barrel of fflower Imported into the said City, from any other of his Ma’tys Plantations in America, and So proportionably for a greater or Less Quantity; The Sum of Six pence for each hundred weight of bread Imported as aforesaid, and So proportionably for a greater or Less Quan- tity; the Sum of nine pence on each barrel of Syder Imported as aforesaid, and So for a greater or Less Quantity; and the Sum of three pence, for everv Empty Cash Imported as aforesaid. And be it further Enacted by the authority aforesaid, That the Severall Rates and Duties hereinbefore menconed shall be reoefd Collected and paid in Such wayes and Manners, & under Such fines, penalties and forfeitures as is declared in and by one Act of Assembly of this Province, Entituled an Act for granting unto his Ma’ty Severall Duties for defraying the publick Charge of the Government after the time lymitted in an Act, Entituled an act for Confimiing unto theirMa’tyes the Revenue Established by an Act of Generall Assembly for defraying the publick and necessary Charge of the Government, is expired, any thing in the said Act Contained to the Contrarv hereof in anv ways not- withstanding. Provided always, and be it further Enacted, That the Officer appointed by the said City for the Collecting and receiving the Duties aforesaid, shall keep his hours of attend- ance at Same Convenient place in the said City, at Such time and times as is usuall for the Officers of his Ma’tys Customs, and Shall not reçoive any ffee or ffees from anv person or per- sans entring or paying the Duties as aforesaid. And Bee it further Enacted, That the fferry between the said City and the Island of Nassau, belonging to the said City, do and shall for- ever hereafter enjoy ail Such Rights, privilèges, free Customs, Emoluments, ffees & perquisites, as the Same at anv time before the making of this Act did enjoy, during the time that the addi- tionall Dutv .granted in this présent Assembly, or any other additional Dutv of Equall value shall Continue, And Be it fur- ther Enacted by the authority aforesaid, That the Rates andLAWS OF THE COLONY OF NEW YORK. 451 prizes Be and are hereby allowed and Establiskt as antiently they were for the fferry aforesaid, That is to Say, every Single person for going over Eight Stivers in Wampum, or a Silver Two pence, eacb person in Company four Stivers in Wampum or a Silver penny, if after Sun Set double fferriage; each horse or Beast Single, one Shilling, in Company nine pence; each shoate or Calf tliree pence; each hogg in Wampum Eight Stivers, or a Silver two pence; each Sheep four Stivers Wampum, or a Silver penny; each Barrell of Rum, Sugar, Molasses, oyle, porke or other thing tliree pence; each Emptv Barrel four Stivers Wam- pum or a Silver penny; a Beasts hide the like, a ffirkin or Tubb of Butter, two Stivers Wampum; every three Scipples of Corn a Silver penny, or four Stivers Wampum; a paile of Butter two Stivers; every Bushell of Sait two Stivers; every hogshead of Tobacco Mne pence; and for ail other things proportionably thereunto. And if any person or perscns shall transport any thing but his own produce over the said fferry without paying Ferriage, he she or they Shall forfeit his her or their Vessel in which he she or they transport the Same, one third to the Gover^ nour, one third to the said City, and one third to the Informer, to be recovered in any Court of Record within the said City, by Bill, plaint or Information, whereof no Essoign, protection or Wager of Law, or more tkan one Imparlance shall be allowed, which Said Court or Courts are hereby Impowered to hear, try and détermine the Same, any Law Usage or Custom to the Gon- trary hereof in any ways notwithstanding. Provided, that the said City, or Such as shall be appointed by them, shall give due attendance for the transporting of persons and goods, as afore- said, under the penalty of Six Shillings, to be recovered before any of his Ma’tys Justices of the peace in New York or Kings Countv on Nassau Island, to be applyed for ye benefit of the County where the default shall happen & Judgement be given. [CHARTER 93.] [Chapter 93, of Livingston &. Smith and Van Scliaack, where the act is prirfted in full. Printed in full in Brinley’s Bradford, p 174, 207; Baskett, p. 51. The act was confirmed by the Queen, Mav 20, 1708. (See Fowler’s Bradford, p. CXXXVIII.)] A Bill for Regulating the ffences in ye County of Ulster. [Passed, October 18, 1701.] WHERE AS in the County of ULSTER the Inhabitants there are Accustomed to make Circular ffences for the Surrounding of their Land which they Manure; by which means great quanti- fies of I.ands are Surrounded with the said Circular ffence, and452 LAWS OF THE COLONY OF NEW YORK. those who are in the middle of the Said Lands hâve their ffeilds Secured by the said ffence, yet hâve not Contributed nor will Contribute their proportion of the Charge of the said ffence; That the Same may be Remedyed for the future, be it Enacted by his Honor the Lieu't Governour and Council, and Représentatives Convened in Generall Assembly, and by the Authority of the Same, That as to ail Lands within the said Countv of Pister, which now are, or here- after shall be Surrounded witli a Circular ffence, the owners or possessors thereof shall in proportion to the quantitys of Land they hâve within the said ifence, pay [& Contribute to the make- ing of the said ifence;] and if anv person or persons having any Land, as aforesaid, within the said ffence, wTill not Contribute and pay his proportion, as aforesaid, of the said Circular ffence; Then it shall be Lawful for any Justice of the Peace of the said Countv, residing near where sucli default shall happen, upon View of Such Defect to assess and Levy the proportion of the said ffence, as aforesaid, by Warrant under his hand and Seal, directed to the Constable of the precinct where such Default shall happen, upon the goods & Chattles of him or them who shall hâve Land within the said Circular ffence, and shall not, or will not Contribute to the Same; and that the same be Imployed for the making of the said ffence, returning the over- plus, if any be, to the owner or owners of such Land, the Sum Assessed and Charges of Distress & Sale, being first Deducted, any Act to the Contrary hereof in any wTayes notwithstanding. [CHAPTER 94.] [Chapter 94, of Livingston & Smith and Yan Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 162, 195; Baskett, p. 45. The act was confirmed by the Queen, May, 20, 1708. (See Fowler’s Bradford, p. CXXXVIII.) The last clause of this act was repealed by chapter 202.] AN Act for the more regular proceedings in the Elections of Représentatives for the Sev- erall Cities and Counties within this province [Passed, October 18, 1701.] WHERE A S the Election and Return of Représentatives for the Severall Cities and Counties of this Province, to corne to the Assembly of our Lord the King, in this Province, hâve been often heretofore managed with great fraud and deceit, to the grevious damage of the Subjeets; for the preventing of which for time to corne, a good and wholsome Law was Enacted by the General Assembly of this province in the Eleventh year of his Ma’tys Reign, Entitled An Act for the Regulating Elections ofLAWS OF THE COLONY OF NEW YORK. 453 Représenta tires in Générait Assembly in each Respective City and County within this Province, yet nevertheless many and great abuses are Still Oontinued to be put upon the Subjects in their Election, as aforesaid; for the preventing whereof, be it Enacted by his Hon’r the Leiu’t Gov’r and Council, and Repré- sentatives now in General Assembly Oonvened, and it is. hereby Enacted by the Authoritv aforesaid, that from henceforth and for ever hereafter, no Papist or Popish Récusant, or Such person or persons as shall refuse upon the tender and demand of the Sheriff, or either of the Candidates, to take the Oaths appointed by Law to be taken instead of the Oaths of Allegiance and Supremacy, and to Sign the Test and Association, as Directed by Law in other cases shall be Suffered to give his or their Vote or Votes for any Représentative or Représentatives to Serve in this or any future Generall Assembly within this Province, or for any other Oflicer or Officers whatsoever. And whereas Doubts hâve Arisen whether a person haveing an Estate of ffreehold in possession for his Life, or for the Life of his Wife, should be allowed to vote for the same. BE IT ENACTED BY THE AUTHORITY AFORESAID, That ail and every person & per- sons not Excepted by this Act, haveing in his or their posses- sion an Estate of ffreehold, during his Life, or for and dureing the Life of his Wife, to the Value or quantity in the above recited Act Expressed, shall be and is hereby qualified to give his & their Vote and Votes for Représentatives, as aforesaid, Provided he be further Quallified, as in the aforesaid Act, and this présent Act is Expressed. And whereas a Question hath arrisen whether any person or persons haveing Mortgaged his or their Lands, and being in possession thereof, and receiving the Income thereof, should not by reason of Such mortgage be debarred froni giving his Vote, as aforesaid, BE IT THEREFORE ENACTED, That Such mortgage shall not debar the party above- said from the giveing of his Vote, provided he be in possession thereof, or receive the Incomes of the Same. AND BE IT FUR- THER ENACTED BY THE AUTHORITY AFORESAID that to prevent ail Disputes relating to the ffreeholders in Dutchess County about the Election of Représentatives, as aforesaid, the Said County be and is hereby declared to be annexed to the County of Ulster for the terni of Seaven years next after the présent Session, and that the ffreeholders of Dutchess County, qualified by Law, shall and are hereby Impowered to give their Votes for Représentative in the County of Ulster, as if they Actually Lived in Said County, anything to the Contrary hereof in anywfise notwithstanding. And whereas Disputes hâve arisen between the Counties of Orange and Ulster relating to Wagache-454 LAWS OF THE COLONY OF NEW YORK. meck and great and little Minissinck,Be it Enacted b y the author- ity aforesaid, tkat Wagachemeck and great and little Minissinck be and are kereby Immédiately annexed to the County of Ulster untill Suck time that tke bounds between the Counties of Orange and Ulster sliall be Settled, and tkat tke Inhabitants of Wagache- meck and great and little Minissinck be and are kereby Impo wered to give tkeir Votes for Représentatives in tke County of Ulster, as if tkey actually lived in tke Said County of Ulster, any tking to tke Contrary kereof in any wise notwithstanding. [CHAPTER 95.] [Chapter 95, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 160, 193. Title only is printed in Baskett, p. 52. The act referred to is chapter 5, but that act and this act were repealed by chapter 114.] An Act for supplying the Defects of a late Act Intituled an Act for setling tke Militia [Passed, October 18, 1701.] WHEREAS by an act of the General Assembly of this prov- ince, made in tke Third year of kis présent Majties Reign, Enti- tuled, an act for Settling tke Militia, It is Enacted, Tkat no per- son wkatsoever from fifteen to Sixty years of âge remain unlisted by themselves or Masters, Mistresses or Impioyers, under the Captains in tkeir respective places of abode, in ffoot or horse tke Space of One Kalender Montk after tkeir arrivai, or Corning to résidé or Sojourn in any place within this province, on pen- alty of Twenty Shillings, and so for every Moneth suck persion shall remain unlisted; Which Act is by Expérience found to be very mu ch Evaded, Especially in Suck parts of this province where there are more than one Company of Militia Souldiers, tke S'd persons pretending themselves to be listed Sometimes in one, and Sometimes in another Company, whereby tkey either wholly Evade tke s'd Act, or if found out tke penalty’s therein Contained are so Small and Inconsiderable Tkat Several persons absolutely refuse to appear in Arms, aeeording, to tke Ténor of the S'd Act, not valuing tke payaient of tke Penalties Imposed therein, BE IT therefore ENACTED by tke hono’ble kis Maj’ties Lieu’t Governour and Councill, and Représentatives in Genërall Assembly Convened and it is hereby Enacted by the authority aforesaid, Tkat ail and every person and persons above the âge of Fifteen, and under tke âge of Sixty years, (Except asLAWS OF THE COLONY OF NEW YORK. 455 therein Excepted) Shall within the time and Space of one Kalen- der month after his or their arrivall into this province, Repair to some Cap’t ; or other Officer of the fïoot Company, or Troop of Militia horse near adjacent to his or their place or places of abode, and List him or themselves in the s'd Company or Troiop, and receive from the Officer with whom he or tliey shall list him or theansielves, as aforesaid, a Certificate of his or their being so Listed, w’cli the s’d Officer on request, is liereby reqnired to give unto him or them w'th penalty upon ail and every person & persons who shall remain unlisted, or want a Certificate of his or their being so Listed, as aforesd, after the Expiration of the s’d Month, for every Month he or they shall Remain unlisted, as aforesaid, the Sum of Forty Shillings. AND it is further ENACTED by the authority aforesaid, That ail other ffines, penaltys and fforfeitures in the s d art men- coned, shall be and are herebv Doubled and made Double the Sums nuentioned and expresed in the s'd act, and shall be recovered and applyed as is therein set fforth and mentioned. And whereas Severall assess and rate in twelve days after the said Warrant, and the Collector to Collect and Levy within one and twenty days after assessment, the Sum or Sums of money ordered and allowed, as aforesaid, every person so neglecting or refusing, shall forfeit the Sum of ten pounds Currant mony of this Province, to the County or Town where the Same refusai or neglect shall happen, to be recovered in the respective Court or Courts of Sessions in the County or Countyes aforesaid, and shall be also Imprisoned without Bail or mainprize for three Months by the Court aforesaid; and in Such Case the Justices aforesaid are hereby fullv Impowered at Such tirne as they shall think fitt, to appoint others in the rooms of Such Assessors or Collectors, as aforesaid. AND BE IT FURTHER ENACTED P>Y THE AUTHORITY AFORESAID That the Justices above said are hereby Impowered once in every year to appoint and Elect a Treasurer for their Respective County or Countyes, whicli Treasurer shall make Such payments, for the defraying the necessary Charges of each respective County as shall be appointed and allowed by the Justices aforesaid. AND BE IT FTJRTHER ENACTED BY THE AUTHORITY AFORESAID, That it shall and may be Lawfull for every Collector Chosen as aforesaid, by Warrant under the hand and Seal of any two or more Justices of the Peace of each Respective County, to Collect and Levy, by dis- tress on the Goods and Chattles of ail or any persons refusing 58458 LAWS OF THE COLONY OF NEW YORK. or neglecting to pay the Sum or Sums of Money So assessed on them, retnrning the overplus to the owner, the Charges of Dis- tress and Sale flrst deducted, which Charge is to be allowed before any two Justices of the peace; one whereof to be of the Quorum of Such County or Countyes as aforesaid. AND BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID, That the Treasurer of each respective County within this Prov- ince, sha.ll keep a Distinct book of Acco’ts, Containing a par- ticular Acco’t of ail the Money, Rates and Assessments afore- said, and also of ail Disbursements and payments by Warrant aforesaid, and once every year he sha.ll bring in his Acco’ts to the Court of Sessions aforesaid', to hâve the Same Audited, which Said Court is hereby Impowered in each County to Audit the Same under the penalty of one hundred pounds, to* be for- feited by the said Treasurer to our Lord the King, in case of his neglect to bring the said account before the said Justices, to be recovered in the Supream Court of Judicature. AND BE IT FURTHER ENACTED, Whereas, it is the Custom & practice of his Ma’tys Realm of England, and ail our adjacent Colonies in AMERICA, that every respective Town and Parish doth care and Provide for the poor who do inhabit in their respective Precincts, as aforesaid, that for the tirne to corne the Justices aforesaid at their respective General Sessions do- once in the year make provision for the maintenance and Support of their poor Respectively And Whereas Severall of the Cittyes and Countyes of this Province hâve not taken care for the paym’t of the Représenta- tives before the first day of this Instant Sessions of the General Assembly, of this Province, BE IT THEREFORE ENACTED, that the respective Officers Concerned in this Act for the defray- ing the publick Charge of each respective City and County, do and shall on or before the day of next, According to the directions of this Act cause due payment to be made to the said Représentatives, after such Rates and allow- ances as were made by an Act of Assembly of this Province in the year, of our Lord One thousand Six hundred Ninety one, enti- tuled, AN ACT FOR ALLOWANCE TO THE REPRESENTA- TIVES, anv thing to the Contrary hereof in any ways notwith- standing, Provided that no money be Demanded for Service in General Assembly by anv person before the vear of our Lord One thousand Six hundred Ninety Eight. And whereas the City of New York and Albanv, by their Several Charters differ in the waves and means for the defraying their publick Charge, and maintaining their poor from the Severall Counties of this Province, BE IT THEREFORE DECLARED AND ENACTED BY THE AUTHORITY AFORESAID, That theLAWS OF THE COLONY OF NEW YORK. 459 Comon Councils of the said Cityes respectively, are hereby Autborized to follow their former method concerning the prem- ises, and that they be hereby Impowered upon want of money in their Treasury, to raise and Levy upon the Inhabitants of their said Cityes Respectively, Such Sum & Sujus of money as Shall unto them appear Sufîicient to pay their respective Rep- résentatives, Bellmen or Watchmen, or Such other necessary and publick Charge as shall be yearly and everv year requisite, and necessary, anything in these présents Contained to the Contrary thereof in any wayes notwithstanding. PROYIDED, That no Cit}T or County shall raise above three hundred pounds P ann for their publick Charge. [CHAPTER 97.] [Chapter 97, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 175, 208. Title only is printed in Baskett, p. 52.] An Act for Confirmation of a Certain Agreement made by Thomas Swart- wout and Company of the one part and Garret Aertsen & Company of the other part [Passed, October 18, 1701.] WHEREAS Thomas Swartwout and Company did Obtain a Grant from Col ffletcher, late Gov’r of this Province, to purchase of the native Indians a certain Tract of Land, known by the name of Waghakemeck in the County of Ulster and Orange. And whereas Gerret Aertsen and Company did al soi obtain a grant from the said Gov’r to* purchase of the native Indians a Certaine Tract of Land called great and little Minissinck; and whereas the said Grants did Interfère, and were likelv to occa- sion endless différences and Suits in Law and Equity between the parties aforesaid. It was by the said Gov’r recommended to both the said parties to join their Grants together, which they Accordingly did, or attempted to do, by a certain agree- ïnent made in Kings Town in the County of Ulster, dated the third of June, One thousand Six hundred Ninety Six, in these words, Be it known by these présents, That before us the under- written are Agreed, Yiz’t Thomas Swartwout and Company, who hâve obtained a grant from his Excel and Council, to buy Wag- gaeheineek of the Indians, and Gerret Aertsen, Jacob Aertsen and Conrad Elmedoys for them and Company, who hâve obtained a grant to buy great and little Minissing of the Indians, from his Excel, &c. That they both mix their grants together, and460 LAWS OF THE COLONY OF NEW YORK. that the Land that is Specified in both grants,, be jointly bought and paid for, Viz’t for Thomas Swartwout and Company Seaven Shares, and for Gerret Aertsen and Company, twenty Shares, and that what money has been Expended in obtaining the said grants, or otherwise paid, shall in no wayes be brought into the Comon acco’ts but ail what has already been piaid to the Indians by any of the said parties, on Acco’t of Said Land, when the, Indians owned the Sanie, it must be allowed and paid for in Twenty Seaven shares; As also, That Thomas Swartwout and Company shall hâve and enjoy, as a prérogative, without giving any particular Satisfaction for the Same, Seaventy Seaven mor- gand of Land out of the Land of Hanjoar the Indian, but thaJt Lots shall be cast for the Same, and what Lot falls to the said Thomas Swartwout, and Company, shall be the property of the said Thomas Swartwout and Company, as Soon as the Land shall be bought of the Indians, in Kingstown, the third day of June one thousand Six liundred ninety Six Henry Beekman, Dirck Schepmoes, Johannis Wyncoop and William De Myer. In pur- suance of which Agreement, the said Severall Companvs pur- cliased of the Indians, and hâve' been in possession according thereunto, which notwithstanding the said Thomas Swartwout and Company, haveing obtained a Surreptitious Patent of the said Governour, Contrarv to their said Agreement, seek to dis- turb the said Gerret Aertsen & Company, in the possession of tliqir share of and in ye premises. Be it tlierefore Enacted by his Honour the Lieu’t Governour & Council, and Représentatives now in Generall Assembly Convened, and it is hereby Enacted by the Authority aforesaid. That the said Agreement and every Article and Clause therein Conteined, is & is hereby declared to be of full force and virtue against the two Companvs afore- said, the said Battent or any thing therein Contained to the Contrary hereof notwithstanding. And as to so* much 'of the Lands Conteined in the said Surreptitious Patent, as ought to be Injoyed by the said Gerret Aertsen and Company, by Virtue ofthe said Agreement, the said Thomas Swartwout and Com- pany, their heires and assignes, shall Stand & be & are hereby declared, to Stand and be intrusfed for tlie said Gerret Aertsen & Company, their heires and assignes, Saving to- ail and ail manner of persons (Exeepting tlie parties to- the said agreement & their heirs and assigns ail the right, Title, Interest, Claime & Demand w’ch they hâve or may hâve to> the premises, or any part there of, any thing in this Act Conteined to the Contrary hereof in any wise notwithstanding. Provided Nevertheless, That neither this act nor the s'd patent Granted to; the said Thomas Swartwout and Company, shall be Construed to debarLAWS OF THE COLONY OF NEW YORK. 461 William Titsoort or his heirs of any part of the Land within the Said patent or agreement, winch the Native Indians hâve given and Conveyed to him [CHAPTER 98.] [Chapter 98, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 167, 202. Title only is printed in Baskett, p. 52. This act was repealed by chapter 203. The sentence in brackets has opposite it, on the margin of the original law the word “ out.”] An Act to Oblige Robert Livingston Esq’r to acco’t according to the purport of an act Entitnled an Act for appointing and en- abling commissioners to take and State the publick acco’ts of this Province. [Passed, October 18, 1701.] WHEREAS by a late Act of General Assembly, Entituled, an Act for appointing and enabling Commissioners to Examine, take and State the publick accots of tliis Province, it was among other things Enacted, that Leonard Lewis Esqr Abraham Gou- verneur, Esqr. Rip Van Dam, merchant, Cornélius Sebering, Esqr. and David Provoost Esqrs., shall be and are tbîereby Constituted Commissioners for examining- taking and stating the Accots of this Province, and ail the accots of Taxes, Subsidies or Aids granted unto the late King James the Second, his présent Maty, and the late Queen Mary of happy memorv, and Since to his Matv, from and after the Arrivai of Coll. Thomas Dongan, late Governor of this Province, untill the first day of October in the year of our Lord One thousand and Seaven hundred, and of ail Imbezelments and Concealements of goods and monys Seized and forfeited to ye Ivings matv by any penal Law or Statute And further, the said Commissioners, or any three or more of them, are therebv Impowered and Authorized at cer- taine dayes and times to cause to corne before them, or any three or more of them, ail and every person or persons Con- cerned in having had any part, of the publick Money, and lay before them the accotts for w-ch they had or prétend the certain Sums of money, and also ail persons Suspeeted to hâve been any waves Concerned in the Imbezeling or Concealing anv goods or money Seized or forfeited to the Kings Maty by any penal Law or Statuts in this Province, and to Examine them upon Oath to the Same, or to ail or any Articles thereof, and that if they or any of them do refuse to) give Su ch Accot on oath as aforesaid, that the said Com’rs or anv three or more of them,462 LAWS OF THE COLONY OF NEW YORK. do desire the Gover of this Province, by writing under their hands to Com.it Such person or persons to Goal withont baile or Mainprize, in the City or County where Such personi or persons shall résidé, untill he or they give such ac-co’ts, and Swear, as aforesaid, or pay or refund the Sum of Money he, she or they refuse to swear to. And wliereas Robert Livingston Esqr; being known to hâve rece’d great S unis of the publick Money, has been Sundry times by the said Comrs required to give a true Accot upon oath, according to the Intent and meaning of the said Act, w’ch he for sonie time absolutely refused in Contempt of the said authority upon which Contempt the said Comrs according to the ténor of the said Act, applyed themselves to ye Honble John Nanfan, Esqr. Lieut Govr of this Province, desiring him to Comitt the said Mr Livingston, but the said act not having given Express. Authority for Such Comitment, has hitherto proved ineffectuall, Report whereof having been made by the said Comrs to this présent Assembly, it was upon the twenty Seaventh dav of Augt in this présent year one thousand Seaven hundred and one, Ordered, That the said Mr Robert Levingston do accot wTith the Comrs, as the Law directs, before Wednesday then next following, w’ch if he should not perform, it wTas further ordered that a Bill be brought into the said House for Confiscating the Real and personal Estate of the said Robert Livingston, for So much Debt to the Crown as he can be Charged with by the Comrs of accots, and that he should hâve Immédiate notice of the said Vote, which was given Accordingly, to the end that he might be obliged to Accot, or offer Such reasons as he could against Such a Bill, Since which time, that is to Say, on ye first day of September in this présent year, the said Mr. Levingston appeared before the said Comrs, & tho’ he has had nigh Eight months for Stating his Accots, was not ready with any Accots, but offered frivolous pretences for further delays, which appearing to the said House, they ordered notice to be a gain given to him of their Intencon to proceed with Such Bill, notwithstanding which, he has forbom attending the said Comrs tho* duelv thereunto required. Whereas also, upon Report of the said Comrs, and otherwise, it does appear that the said Robert Levingston hath received of publick money, and by reason of Specious and frauduleint pretences of his Disbursments for the publick, the Sum of Seaventeen thousand Sixtv nine pounds Nineteen shillings & two pence farthing, and upwards, part whereof, that is to say, The Sum of Three thousand four hundred thirteen pounds Eleaven shillings and nine pence farthing, was Excise mony received at Albanv from the year one thousandLAWS OF THE COLONY OF ]SEW YORK. 463 Six hundred Eighty three, till the first of October, Seaventeen hundred, as appears by accots under Ms own hand, and lie had Warrants for and rece’d from the Sixth of May, one thousand Six hundred and ninety, untill the Seaventh of May, one thousand Six hundred Ninety one, the Sum of Eighteen hundred Seaventy pounds, Eighteen shillings and Six pence half penny, and the further Surne of Two thousand four hundred twenty four pounds, two shillings and Eleven pence half penny from the Seaventh of May, one thousand Six hundred ninety one, till the twenty Seaventh of may one thousand Six hundred ninety two and the further Sum of Two thousand Sixty five pounds two shillings and three pence from the twenty Seventh of may, one thousand Six hundred ninety two, till the fourteenth of May, One thousand Six hundred ninety three, and the further Sum of four Thousand two hundred ffifty five pound nine shillings and Eight pence from the fourteenth of may, One thousand Six hun- dred ninety three, till the fifth of Sept’r, one thousand Six hun- dred ninety five, and the further Sum of One hundred thirty pounds Seventeen shillings and ten pence half penny, from the fifth of September, one thousand Six hundred ninety five, till the first of July, one thousand Six hundred ninety Seven, and the further Sum of Two hundred fifty Eight pounds from the first of July, one thousand Six hundred ninety Seven, till the nineth of June, one thousand Six hundred ninety Eight, [and the fur- ther Sum of Eleven hundred ninety five pound foure shillings and five pence half penny, from the nineth of June one thousand Six hundred ninety Eight,] till the fifteenth of may, One thous- and Six hundred Ninety nine, and the further Sum of Nine hun- dred twenty Six pounds, Eleven shillings and Eight pence, from the ffifteenth of may, one thousand six hundred ninety nine, till the thirtieth of may, Seaventeen hundred, and the further Sum of ffive hundred and thirty pounds, from the thirtieth of may, Seventeen hundred, till this dav together with other vast Sums df Money, for whieh no particular accot appears, That is to Say, ail and every the Sum and Sums of money reced of Coll Dongan, l'ate Gov’n of this Province; for the Expédition at Albany in ye Said Gov’s time, and ail and every the Sum & Sums of money he the Said Levingston, or his Assignes hath or hâve reced by vertue or Colour of anv Order or Orders, warrant or warrants bv his Maj’ty, or by any Gov’r of this province and ail and every the Sum and Sums of monev he the s’d Robert Livingston hath Reced by virtue or colour of his being Secretarv of the Indian affaires, and also the goods, wares, merchandises, Sum and Sums of money he had received and took from Peter Bogardus and Coll Joachim Staats at Albany, belonging to* his matys464 LAWS OF THE COLONY OF NEW YORK. Treasury of this Province, in ye year one thousand Six hundred and ninety, to colour the receipts of which, Several large Sums it appeareth that he has procured Audits and allowances of divers Sums, which were Included in other Sums paid to persons, some of which are Since Dead, and others removed to parts beyond the Sea, and by means thereof he the said Robert Levingston has been allowed the Same Sum more than once,* Same hâve been Debentures bought of Soulders for very Small proportions of what was due to the Said Souldiers, and other Sums were for Excessive and Extortive priées for goods and other necessaries to Souldiers, when he had Money in his hands appointed for paying the Said Souldiers, and there is reason to believe that he has been guilty of Sundry frauds, which can never be Discoveried without the Oath of the said Robert Levingston, and his Direct answer to Such questions as shall be put to him in relation to his wholl Accot, To the end therefore that he the said Robert Levingston may be Effectually Obliged to a«ccot and answer upon Oath, as aforesaid, or otherwise that his Estate may answer as a just forfaiture for his Contempt, Be it Enacted by the Leiut Govr. & Oouncil, and Assembly, and it is hereby Enacted by the authority of the Same, That ail the Estate Real and personal of the said Robert Levingston, shall stand and be, and is hereby Declared to stand and be Charged and Chargeable with the said Sum of Seventeen Thousand Sixty nine pounds, nineteen shillings and two pence farthing, and ail and every the Sum and Sums of money received of Ooll Dongan, late Govr, of this Province for the Expédition at Albany in ye said Govrs time, and ail and every the Sum and Sums of monv he the said Levingston or his assigns, hath or hâve reced by virtue or colour of any order or orders, warrant or warrants by his Majty, or by any Governor of this province, and ail and every the Sum and Sums of mony he the said Robert Livingston hath reced by virtue or colour of his being Secretary of the Indian affaires, and also the goods, Wares, merchandizes, Sum and Sums of mony he had reced and took from Peter Bogardus and Coll Joachim Staats at Albany belonging to his Matys Treasury of this Pro- vince, in the year One thousand Six hundred and ninety, as a Debt to our Sovereign Lord the Iving, his Heires and Successors, and that the Same shall be levyed of ail and singular the Lands, Tenements and hereditaments, Goods and Chattles whatsoever of him the said Robert Levingston, either in his own name, or to his use, or any waves in trust for hïm, and that so much of the said Real and personal Estate of the said Robert Levings- ton as shall not Exceed the Sum of Seventeen thousandLAWS OF THE COLONY OF NEW YORK. 465 Sixty nine pounds, nineteen shillings and two pence farthing, and ail and every the Sum and Sums of mony received of. Coll Dongan late Govr of this Province, for the Expédition at Albany in the Said Govrs. time, and ail and every the Sum and Sums of mony he the said Levingston or his assigns hâve or hath reced by virtue or colour of any order or orders, warrant or warrants by his Majty, or by any Governour of this province, and ail and every the sum and sums of money he the s’d Robert Levingston hath reced by virtue or colour of his being Secretary of the Indian affairs, and also the goods, Wares, Merchandizes, Sum and Sums of monv he had received and took from Peter Bogardus and Coll. Joachim Staats at Albany, belonging to his Matys Treasury of this Province, in the year One thousand Six hundred and ninety, is and is hereby declared to be Confiscated and forfeited to our Said Soveraigne Lord the King; Provided Nevert.heless. That in Case the said Robert Levingston shall at any time or times before the five and twentieth day of March now next ensuing give in a full Accot in Writing unto the Said Comrs, or any three or more of them, of ail his Receipts and Disbursements, and the grounds or Occasions of the same, together with direct answers in Writing to'Such Questions in relation to his Accots, as shall be proposed to him in Writing by the said Comrs, or any three or more of them, who are hereby Impowered to Administer to him, and to ail and every person and persons who can give any Evidence Conoerning the Same, one or more Oath or Oaths to that purpose, which Oath and Oaths, w’th the Answer and Answers thereunto, shall be given in evidence in the Supream Court or elsewhere, as occa- sion shall require, In Such case, Immediately from and after the perfecting the said Accot, within the time above Lymitted and appointed for the Same, the said Robert Levingston and his real and personal Estate shall be and are hereby declared to be Exonerated, acquitted and Discharged of and from so much of the said Sum of Seventeem thousand Sixty nine pounds, nineteen shillings and two pence farthing, and of ail and every the Sum and Sums of mony received of Col Dongan late Govr ,of this Province for the Expédition at Albany in ye said Govrs time, and ail and every the sum and Sums of mony he the said Levingston, or his assignes, hâve or hath reced by virtue or colour of any order or orders, warrant or warrants by his Majtie, or by any Governour of this province, and ail and every the sum and sums of money he the said Robert Livingston hath reced by virtue or colour of his being Secry of the Indian affairs, and also the goods, Wares, Merchandises, Sum and Sums of 59466 LAWS OF THE COLONY OF NEW YORK. mony he had rece’d and took from Peter Bogardus and Coll Joachim Staats at Albany, belonging to his Matys Treasury of this Province, in the year One thousand Six hundred and ninety, as he the said Robert Livingston shall make appear to hâve discharged 6y his accot, upon Oath, not disproved before the said Comrs and the Said Robert Levingston and his Estate shall remain and be Charged & Chargeable only with Such Ballance of the said Accot as shall be reported by the said Comrs, or any three or more of them before the Govr and Council, and shall appear to be due on Examination in the Supream Court of this Province, any thing in this Act to the Contrary thereof in any wise notwithstanding. [CHAPTER 99.] [Chapter 99, of Livingston & Smith and Yan Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, pp. 166, 199; Baskett, p. 48. The act was confirmed by the Queen May 20, 1708. (See Fowler’s Bradford, p. CXXXVIII.)] An Act for Allowance to the Représentatives, [Passed, October 18, 1701.] WHEREAS the Severall Représentatives of the people of this province cannot ofSciate and Discharge that Honble and great Trust Reposed in them without being at Charge and Expence Be it Enacted by his Hon’r the Leiut Gov’r and Concil, and Représentatives Convened in Generall Assemblv, and it is hereby Enacted by the Authority aforesaid, That the Wages o*r Allow- ance to each Représentative of the people from the first day of this Sessions, and for ever hereafter, shall be Six shillings Currant money of this Province P Diem, to Comence from their coming out till their Retum home, Always provided, it shall not Exceed Eight dayes after their adjourning, Prorogueing or Dissolving the Same. And be it further Enacted by the Authority aforesaid, That each Respective City and County through out this Province shall bear and defray the Charge of their own Représentatives, which Charge or Allowance, as aforesaid, shall be paid to the Respective Représentatives by the Treasurer of each respective City and County, by Warrant under the hand & Seal of the Mayor of the Respective Cities, for the time being, and by Warrant of any two Justices, of the peace to the Treasurer of the respective Countyes after the Return of the Said Représentatives from the Assembly, writhin tenn days after ye Collecting of the publick and necessary Charge of each respective City and County, as is Directed inLAWS OF THE COLONY OF KEW YORK. an ac-t passed this présent Sessions Entituled, An* Act for Repealing an Act of Assembly of this Province, Entituled an Act for defraying the publick and necessary Charge thro’out this Province, for maintaining the poor, & preventing Vagabonds, and for the appointing more Effectuai ineans for defraying the publick & necessary Charge in each City and County, and for maintaining the poor & preventing Vagabonds, in Such way and manner as the publick & necessary Charge of each City and County in this Province is defrayed and Raised. And Be it further Enacted by the Authority aforesaid, that the Act of Assembly made in ye year of our Lord One thousand Six hun- dred Xinety one Entituled An Act for Allowa.nce to the Repré- sentatives, be and is hereby Repealed, Vacated and made Null, as if Such Act had never been made. Provided always and be it further Enacted, That ail and every person and persons that liave any Money due from any City or County in this Pro- vince for Service as a Représentative, shall be paid Such Sum as in the above Recited Acts, hereby repealed, is Directed, and that the Same be paid in such way and manner as ail other publick Charges of the respective Cities and Counties are defrayed, by Such Lawes as now are or hereafter shall be Established within this Province1, any thing to the Contrary hereof in these Présents Contained in any wayes notwithstand- ing. Provided, that nothing be demanded for Such Service before the Year of our Lord One thousand Six hundred Ninety Eight any Law, Usage or Custom to the Cootrary hereof in any wTise notwithstanding. [CHAPTER 100.] [Chapter 100, of Livingston ’& Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 157, 190. Title only is printed in Baskett, p. 52. The act expiped October 18, 1703. Baskett States that the act was repealed.] An Act for granting an Additional Duty to his Matv. [Passed, October 18, 1701.] The Représentatives of this Province now in General Assem- bly Oonvened, taking into their Serions Considération how much the Treasury of this Province is Exhausted, and being Tvilling that the Crédit thereof should not Sink, but be Sup- ported, and Considering the manv and great favours his most Sacred Ma’ty hath been Graciously pleased from time to time to bestow upon this Province and the People thereof. Yow that his Ma’tys Fatherly care over this Province might meet with a468 LAWS OF THE COLONY OF NEW YORK. gratefull Return of his Subjects here, the Représentatives of this Province most humbly pray that it may be ENACTED, And be it Enacted by his Hon’r the Leiu’t Gov’r and Oouncil, and Représentatives now in General Assembly Conven’d, and by the authority of the saine, That there shall be raised, Collected and paid unto his ma’ty for and During the Space and Terni of two years, from and after the Publication of this Act, and no longer, the Several Rates and Duties hereinafter mentioned, over and above ail other Duties, Charges, Imposition, Rates and Customs by any former Act or Acts Set, Established and Imposed (for and toward the Support of this Goverm’t and Contingent Charges thereof, and Such other uses as are hereinafter Ex- pressed) That is to Say, the Rate, Duty and Custom of Six per Cent upon ail Goods, Wares and Merchandises of the growth, produce or Manufacture of Europe, that shall from and after the publication hereof be Imported into this Province and Dependencies, from any other Port or place than his Ma’tys Kingdom of England, Dominion of Wales, Town of Berwick upon Tweed. And also, the Rate, Duty and Custom of Ten Shil- lings Currant mony aforesaid for each pipe of Wine that shall be Imported into this Province, as aforesaid, and so in pro- portion for a greater or lesser quantity. And the Sum of Thirty Shillings Currant mony aforesaid for each Pipe of Wine that shall be Imported, as aforesaid, from any other Port or place than the part and place where the said Wine was made, & so in proportion for a greater or lesser Quantity. And the Sum of one half penny Currant Money aforesaid for each Gallon of Rum Imported as aforesaid. And the Sum of Twe pence Currant Monev aforesaid for each gallon of rum that shall be Imported as aforesaid from any other part or place than the part and place where the said Rum is made and distilled. And the Sum of three Shillings Currant money aforesaid for each barrel of Beer that shall be Imported as aforesaid, and so in proportion for a greater or lesser quantity. And be it further Enacted by the authority aforesaid, That the Severa.1 rates and Duties hereby Imposed on the Goods, Wares, Merchandises and Liquors afore- said shall be raised, Levyed and Collected, Recovered and paid unto his Ma’tys Collecter and Receiver General for the time being, during the time before mentioned, in the saine manner and form, and by such Rules, allowances waves, and under such penalties, fines and forfeitures as are mentioned, Expressed and directed in and by an Act of General Assembly of this Province made in the Eleaventh vear of his Ma’tys Reign, Entituled; an Act for Granting unto his Maty Beveral Duties forLAWS OF THE COLONY OF NEW YORK. 469 the defraying tlie publick Charge of the Goverment after the time Limitted in an Act Conûrming and Continuing unto their Ma’tys the Revenue Established by an Act of Generall Assembly for defraying the publick and necessary Charges of the Government, is Expired, in as full and ample Man- ner as if the same were particularly recited in this Act, any thing to the Contrary hereof in any wayes notwithstanding. And whereas the Représentatives now in General Assembly Conven’d having Considered the vast Charge and Expences his Hon’r the Leiut Gov’r is and for some time Since hath been at, for his Ma’tys Service, and the good of this Province, they do therefore humbly pray that it may be Enacted, and it is hereby Enacted by the Authority afore- said, That there be paid Yearly and Every year during the Continuance of this Act, in four equall quarterly payments, as an Additional Sallary out of the Rates and Duties hereinbefore Expressed, to his Hon’r the Leiu’t Gov’r, the Sum of one hundred and forty pounds per Annum; and the said House of Repré- sentatives also Considering the great Charge and Expence Wil- liam Atwood, Esq’r Cheif Justice, hath been at to transport him- self to this Province, and taking notice of his Abilities and readiness to Serve his Ma’ty in this Province, humbly pray it may be Enacted, and it is hereby Enacted by the Authority aforesaid, That the Sum of Seventy pounds Ourrant money of this Province, be added unto the Yearly Sallary of the said William Atwood, Esq’r Cheif Justice, during the Continuance of this Act, to1 be paid unto him Yearly and every Year in four equall Quarterly payments, out of the Rates and Duties afore- menconed. Trovided alwayes, and be it further Enacted, That this shall not be taken into Conséquence or Example by the said William Atwood, Esq’r, Cheif Justice, or any Cheif Justice of this Province, for the time being, for the future. And whereas it will be to tlie Hont of Almightv God, as well as the Good & Wellfare of this Province, that the five Nations of Indians at Albany, should be Instructed in the holv Protestant Religion. And whereas Bernardus Freeman, Minister of the Gospel at Scher.ectadv in the County of Albany hath for some time Since and does still make it his great Study to Instruct them therein, the Représentatives humbly pray that it may be Enacted And it is hereby Enacted by the Authority aforesaid, That the Sum of Sixty pounds per Annum be paid out of the Duties arising by this Act unto the said Bernardus ffreeman, as his Sallary, for instructing the said Indians and the Sum of ffifte.en pounds P annum for his Charge and Expence therein, to be paid in four470 LAWS OF THE COLONY OF NEW YORK. equall quarterly payinents, to be accounted from the Twenty fiftli day of August last, till the Twenty fifth day of August in the year One thousand Seaven hundred and three. And whereas it is very necessary that Lawrence Claessen the Sworn Indian Interpréter should be Encouraged to Continue his Ser- vices to this Goverm't, The Représentatives most humbly pray that it may be Enacted, And it is hereby Enacted by the Authority aforesaid, That the Sum of Twenty five pounds per anium be paid unto the said Lawrence Claessen out of the Duties arising by this Act, During the Continuance thereof in four equall quarterly payments to Commence as aforesaid, for and in Considération wliereof, he is to Interpret ail Con- férences held at Albanv, and Assist Bernardus Freeman afore- said in his Instructing the Indians; and if the said Lawrence be sent on other Expédition, as Interpréter, he is to be allowed for the same in Such way and manner as to the GovernY and Council shall Seem rneet, any thing to the Contrary hereof in any ways notwithstanding. And whereas by an Act of the General Asseinbly made in the Eleventh year of his Ma’tys Reign, Entituled, an Act for Granting unto his Ma’ty Several Duties for the defraying the publick Charge of the Goverm’t after the tiime Limitted in an Act Confinning and Continuing unto their Ma’tys the Revenue, Established by an Act of Gen- erall Assembly for defraying the publick and necessary Charges of the Govermen’t, for the time therein menconed and Expressed, it is amongst other things Enacted, that there be given and Granted unto his Ma’ty the Duty of Excise upon ail Liquors retailed throughout the Province and Dependencies aforesaid, under the quantity of five Gallons (the Sum of Twelve pence Currant Money aforesaid, for each gallon So retailed (Beer and Syder only Excepted) leaving it Doubtfull whether a person Selling five Gallons and upwards of the Liquors therein men- tioned and Expressed, and Sufiering the Same to' be carryed or Conveyed from his House in lesser quantity than five Gallons, should Incurr the penalty of the said Act, Be it therefore Enacted, and it is hereby Enacted by the Authority aforesaid, That if any person or persons within this Province and Depend- encies shall from and after the publicacon hereof, Sufïer any quantity of the Liquors menconed in said Act, and Sold by him, to be carryed or Conveyed out of his House under the quantity of five Gallons at one time, notwithstanding any Sale or pre- tended Sale for a greater quantity, shall be lvable to the forj feitures menconed in the said Act, any thing to the Contrary hereof in any waves notwithstanding.LAWS OF THE COLONY OF NEW YORK. 471 [CHAPTER 101.] [Chapter 101, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 167, 200; Baskett, p. 50. The aet was conürmed by the Queen, May 20* 1708. (See, also, chapter 753.)] An Act for the Setling S Amending the highwayes and Roads in the County of Ulster. [Passed, October 18, 1701.] WHEREAS the highwayes & Roads by overrunning of Creeks and Removeing of Sands, in the County of Ulster, are. often times Spoiled by the Floods of Water in the Spring of the year, whereby the Inhabitants are necessitated to mend or provide other Convenient highwayes and Roads. And whereas great disputes do arise Concerning the Same amongst. the said Inhab- itants, Be it Enacted by his Hon’r the Leiut Gov’r & Council and Représentatives of the Province of New York in General Assem- bly Convened, And it hereby Enacted by the Authority of the Same, That the Respective Justices of the Peace of the Oounty of Ulster are hereby fully Impowered and Comanded, from time to time, to appoint Such and So many Surveyors of the high- wayes and Roads in the said County in eaeh Town respectively, as they shall think fitt to Survey the highwayes and Roads in the said County, each Survevor or Surveyors respectively to be for the Town for whicli he or they shall be appointed Surveyor or Surveyors, and where they find the said highways and roads or any of them Déficient, or that a newT one or new ones ought to be made, to report the Same to the Justices aforesaid, who are hereby Directed with ail Convenient Speed to Cause the said highwayes and Roads to be amended or Altered, Accord- ingly. And if it should happen that anv Such highwayes or Roads should be directed by the Survey’r or Survey’rs aforesaid, to be laid out for the good of the Inhabitants of said County, or of any Town in the Same, through the Lands or possessions of any particular person or persons, Be it Enacted by the Authority aforesaid, That the sayd Justices of the Peace, or any three or more, are hereby Impowered in such Case to- Issue their War- rant or warrants, under their hands and Seals to the high Sheriff, of ye said County, Comanding him to Cause to corne before them the said Justices or any three or more of them, Twelve good and Lawrful men of his Bailywick, who aretoConsider of the Dam- ages any person or persons shall or may Sustain by Such high- wayes & Roads running or being laid out through his, her or their Lands, which said.Damages are to be made good to him472 LAWS OF THE COLONY OF NEW YORK. her or them by Assessment to be raised, Levyed, Collected and paid by Such Town, Yicinage or persan or persons whatsoever, in equall proportions to the benefit he she or they shall Reçoive by the said highwayes or Roads, the Saune to be paid to the Treasurer of the Respective towns in the said County within Forty dayes after the Assessment made, to be disposed by war- rant under the hands and Seals of three or more Justices of the Peace of Said County, to Such person or persons respectively through who-se Lands the said higlrwayes and Roads sball hap- pen to corne, in due proportion according to the Quantity of the Land he or they loose thereby, to be1 adjudged by twelve men as aforesaid And Be it further Enacted by the Authority aforesaid, that upon such Survey made, as aforesaid, and Such Estimate had, and the money paid, as aforesaid, the Justices of peace of the said County are hereby required and fullv Impow- ered to enter Such highwayes or Roads upon Record, and to Establish them publick wayes for the Comon good of the County aforesaid, any Law, Usage or Custom to the Contrary notwith- standing. Provided al wayes, and be it Enacted by the Authority afore- said, That the Twelve men Returned as aforesaid, and every of them, shall before they proceed to the Estimate aforesaid, take an Oath for the due and Impartiall Estimation of the damages aforesaid, and the due proportions of the payments thereof, before the Justices of the Peace, or any three or more, who are hereby fully Authorized and Impowered to Administer the Same Accordingly, any Law, usage or Custom to the Con- trary notwithstanding. [OHAPTER 102.] [Chapter 102, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in fuIT in Brinley’s Bradford, pp. 165, 198. Title only is printed in Baskett, p. 52. The portion of the original law containing the signature of the Governor and the date of passage is torn from the original. From the Minutes of the Council, it appears that the act was signed by the Governor, October 18, 1701. (See Journals of Legislative Council, p. 171. This act was repealed by chapter 113.] AN Act for the destroying of Wolves in the Countys of West Chester and Ulster. [Passed, October 18, 1701.] Be it Enacted by his Hon’r the Leiu’t Gov’r & Council & Rep- résentatives in this Generall Assembly Conven’d, and it is here- by Enacted by the authority of the Same, That for the destroy* ing of Wolves, which hâve lately increased very much, to the great Discouragement of Pastorage, &'of the Increase of SheepLAWS OF THE COLONY OF NEW Y^ORK. 473 and Cattle; that whatsoever Christian shall kill a grown Wolf in the County of Ulster, he shall hâve for each Wolf that shall be Killed by him Xine Shillings Currant money of this Province, & for a Wolf s Whelp tliere shall be paid ffive shillings like Many; and whatsoever Christian shall kill a grown Wolf in the County of West Chester, he shall hâve for each Wolf that shall be killed by him fifteen shillings Currant money, as aforesaid, and for a Wolfes whelp tliere shall be paid Eight shillings like money, and the Justices of the peace of the respective Countyes are hereby required out of their respective County Rates to Cause the respective Sum aforemenconed, in their respective Countyes, to be paid once every year at Such time as tkey shall think most Convenient; and if any Justice of the peace in the Countys respectively shall refuse or neglect to cause the pay- ments Establisht by this Act to be duely paid once in every year, he shall forfeit to ye party grieved five pounds, to be recovered in the Court of Comon pleas of the respective Countys, where no Essoin, protection, wager of Law or more than one Imparlance shall be allowed. [CHAPTEtR 103.] [Chapter 103, of Livingston & Smith and Yan Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, pp. 167, 200; Baskett, p. 49.] An Act to oblige the owners & possess- ors of unimproved Lands in the County of Albany, West Chester, Richmond and Orange, to pav the proportion of their Quit-Rents and Taxes raised for the Support of the Goverment, and other County Charges. [Passed, October 18, 1701.] WHERE AS Severall persons within the Countys of Albany, Westchester, & Richmond hâve great quantitys of Vacant and unimproved Lands, for which they hâve not, for many years last past, paid & and even refused to« pay their proportions of the Quit-Rents, Taxes raised for the Support of the Govern- ment, and other Rates and Charges, to the grevious damage of the rest of the Inhabitants in the Countyes aforesaid, under a pretence that the said Lands lay Vacant and unimproved, and that they had no benefit by them, or In corne from them. And whereas many of the Owners of the Said Lands do not Inhabit within the said Countyes, and hâve not goods ànd Chattles within the Same to levy and distrain upon their proportion of the said 60474 LAWS OF THE COLONY OF NEW YORK. Quit-Rents, Taxes raised for the Support of je Goverm/t and other Rates and Charges, Be it Enacted by his Hon’r the Leiu’t Gov’r and Council, and Représentatives now in General Assem- blj Gonvened, and It is herebj Enacted bj the Authoritj of the Same, That ail and every person owning Such Vacant and unimproved Lands within the Countjs aforesaid who do not take care to pav their proportion of the Quit-Rents and of Taxes now or hereafter to be raised for the Support of the Govern- ment, and other Rates and Charges, within Such time as the Law shall and doth Direct, that then and in Such Case it shall and may be lawfull for the Inhabitants of Said Countys Respec- tively to enter upon the said Lands, not being inclosed, and therein to Cut, Wood and Timber for their own use and uses, without being tkerefore Sued, troubled or molested, in the same manner as if the s’d Lands were in Comon and unappro- priated, any Law, Usage or Custom to the Oontrary hereof in any wayes not withstanding. Provided also, That if any person or persons ha.ving Lands as aforesaid in the County of Orange shall refuse to pav his her or their proportion, as aforesaid, the Justices of the peace of the said County or any of them, or Such person or persons as sliall be Imployed by them is and are hereby Impowered to Sue the person or persons so refusing and neglecting, in the Oountys where they do live, as in an Action of Debt, and the Several Judges, Justices & Courts are hereby Authorized and Comanded to liear and détermine Such Suite, any Law, Usage or Custom to the Contrary notwithstanding. [CHARTER 104.] [Chapter 104, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 160, 193. Title only is printed in Baskett, p. 52.] An Act for ye Speedy repairing ye fforts of Albany and Schenectady. [Passed, October 18, 1701.] WHEREAS by Virtue of an Act of the last General Assembly of this Province, Entituled, an Act for repealing an Act of Assembly, Entituled, an Act, for ye better Securing ye five Nations of Indians in their fidelity to his Ma’ty, and for Granting unto his Mat’y the Sum of one Thousand pounds, for building a ffort for the Security of the five Nations of Indians, the Said Sum of one thousand pounds hath been raised over & above the Sum of ffive hundred pounds Raised for the sameLAWS OF THE COLONY OF NEW YORK. 475 use, before ye ürst mencoued Act was repealed; and whereas by reason of the absence of the Engineer out of this Province, and the farr advance of the Winter Season, and the Immédiate necessity of putting the frontieers of this Province into a State of Defence, it is found requisite to defer the building the said Intended ffort till there may be a more Convenient oppertmiity Be it therefore Enacted by his Hon’r ye Leiu’t Gov’r and Council, and Représentatives in General Assembly Convened, and it is hereby Enacted by the Autliority aforesaid, That the Sum of Two hundred pounds be and is hereby Declared to be borrowed out of ye said Sum of one Thousand. pounds for the ends and purposes hereinafter menconed, that is to say, the Sum of One hundred and ffifty pounds, part thereof shall be and is hereby Declared to be for and towards the Immédiate Repairing the ffort of Albany, and the sum of ffifty pounds shall be, and is hereby Declared to be for and towards the Immédiate repairing the ffort of Schenectady. And be it further Enacted by the Authority aforesaid that John Bleeker, Sen’r Hendrick Hansen and Peter Yan Brugh, Esq’rs be and are hereby appointed man* nagers of and for the repairing the said ffort of Albany, under the Direction of his Hon’r the Leiut, Gov’r and that Ryer Schermerhorn, Esq’r and Isaac Switz be and are hereby Ap- pointed managers of and for the repairing the said ffort of Schenectady under Directions as aforesaid; and in case of the Death or other Disability, of any or either of the said Mannagers, the Gov’r or Comander in Cheif of this Province for the time being, may and shall nominate and appoint another or other fit person or persons in the room or stead of him or them so dying or being otherwise Disabled, as aforesaid. Be it like- wise Enacted by the Authority aforesaid, That the said Sum of Two hundred pounds so borrowed as aforesaid shall be and is hereby Declared to be a publick Debt, and that the same shall be payable and be paid and Satisfied out of ye next aids or Supplies to be granted unto his Ma’ty in any following Session of the General Assembly of this province, & shall be transferred and transferrable thereunto as soon as Such aid or Supply shall be Granted476 LAWS OF THE COLONY OF NEW YORK. THE EIGHTH ASSEMBLY. Second Session. (Begun Apr. 20, 1702, 1 Anne, John Nanfan, Esq., Lieut, Governor.) [CHAPTER 105.] [Chapter 105, of Livingston & Smith and Van Schaaek, where the title only is printed. This act is not printed in any édition of Bradford or in Baskett Livingston & Smith and Van Schaack, State that the act was repealed by the Queen, December 31, 1702. See letter of Governor Corubury to Lords of Trade, recommending the repeal of chapters 105 to 111, except chapter 111. Doc. Rel t.o Col. Hist., IV, p. 999.) Chapters 105 to 110, inclusive after tlieir disapproval, were taken from the Secre- tary’s office, pursuant to Governor Corubury’s order. (See Letter of Lords of Trade, to Governor Corubury, censuring him for doing so, in Doc. Rel. to Col. Hist, IV, p. 1066.) They were evidently retumed, as the originals are now tkere. Livingston & Smith and Van Schaack give the date of its passage as April 12, 1702, but from the Minutes of the Council it appears that the act was signed by the Governor, April 30, 1702. (See •Tournais of Legislative Couneil, p. 173.)] An Act for Outlawing Phillip French iand Thomas Wenham Merchants and enforce- ing Process of Outlawry. [Passed, April 30, 1702.] WHEREAS Phillip French and Thomas Wenham of New yo»rk Merchants .were at the last Supream Court of Judicature of this Province by a Grand Jury of the Neighbourhood Sever- ally Indicted of an high misdemeanor and otîence against his Ma’tv, and the Administracon of the Goverment here, and being Conscious of their Crimes and hopeing to avoid ail punish- ment for the Same, before Such s’d Indictments were found withdrew, & hâve Continued out of this Province, so that Pro- cesse could not be Served upon them to Oblige them to plead to the Severall Indictments. And whereas the want of Process of outlawry in Criminal and Civil Causes is a Manifest Defect in the Execucon of the Law within this Province, and the rather because of frequent departures into Neighbouring Prov- inces and other places in America where no process from hence can reach. BE it therefore Enacted and it is hereby Enacted by the Leiu’t Gov?r and Council and représentatives in Generall Assembly Conven?d and by the authority of the Same that the said Phillip French and Thomas Wenham be and are hereby decl&red & adjudged to be outlawed to ail Intents and pur- poses according to the Effect of Outlawries within the King- dome of England, Provided alwayes that if the said Phillip ffrench and Thomas Wenham or either of them shall SurrenderLAWS OF THE COLOXY OF NEW YORK. 477 him or themselves before the Cheif Justice of this Province on or before the tenth day of May in the présent- year one thous- and seaven hundred and twoand Respectively enter into Recogniz- ance with sufficient Security to our Lord the King in Such Sum as to the said Cheif Justice Shall Seem meet, to- answer plead and be tryed upon the said Indictment within Such reasonable time as the said Chief Justice shall direct by Speciall Commission or otherwise and also to be of good behavour for twelve months then next ensueing that then and in such Case he or they Sb surrendering him or themselves and entering into Reoognizance as aforesaid shal be acquitted and discharged of the penaltys of this Act. And that from henceforth in Case any person or persons resideing within this Province at the time of Issueing any process to answer any matter Civil or Criminal shall after Personal notice of Such process or left in writeing at the place of his or her usuall Résidence wilfully Départ out of this Province into any Neighbouring Province or other place in America and shall not within Six months after Such notice appear to the Action in the proper County and put in Speciall Bayl if the matter So require or Surrender him or herself to Prison in Such Case from and after Proclamacon made thereof by the Sheriff in the Town or Parish where the party did at the time of the first notice résidé in the presence of three or more of the Same Town or Parish and within twentv dayes after such Proclamacon returned into the Supream Court at New york and there Recorded the person and persons against whom such Proclamacon as aforesaid shall be published returned and Recorded shal be deemed and adjudged Outlawed to ail Intenta and purposes according to the Effect of Outlawries within the Kingdome of England any Law Statute or usage to the Cou* trarv thereof in any wise notwithstanding. And whereas divers persons against whom Just Cause of Suit hath arisen or may arise within this Province hâve Estâtes here but usually résidé in Some neighbouring Province or other place in America as to ail and everv Such person & persons notice left with ye Tenn’t or Tenn’tsof such Estate or at his or her place of rési- dence shall hâve ye Same Effect as if left w’th the partv against whom any Suifs shall be Comenced or at the place of his or her résidence, And in Case there be no tenn’t or tenn’ts of any part of such Estate in that Case, notice as aforesaid shall be left with the next Neighbour or at the Inhabited House next adjoineing thereunto and in Case such Tenem’t or Neighbour shall neglect to give notice to tlie party against whom Such Suifs shal be Comenced (of which such notice he or she shall pay the reasonable Charge) he or478 LAWS OF THE COLONY OF NEW YORK. she shall recover his or lier damage occasioned b y want of due notice against the party who neglected to give the Sanie and in Case tbe person Concerned shall refuse or neglect to pay the Charge of Such notice it shal be Lawfull for the next Justice of the Peace and he is hereby required forthwith upon applvca- con to grant one or more Warrant or Warr’ts for raising the reasonable Charge of Such notice by distresse and Sale of Stock & go'ods upon the prémisses & returning the overplus to the 'party Provided nevertheless That if the party against whom Proclamacon as aforesaid shall be made shall within twenty days after Such publicacon thereof appear to the action and put in Speciall Bavl if the matter So require or Surrender him or herself to prison such person or persons shall not be accounted or adjudged outlawed and that ail and every outlawry and out- lawries So as above said Incurred shall and may be reversed and Armulled in like manner as outlawries within the King- dome of England are and may be reversed and Annulled. [CHAPTER 106.] [Chapter 106, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not printed in any édition of Bradford or in Baskett. Livingston & Smith and Van Schaack, State that the act was repealed by the Queen, December 31, 1702. (See note to ch. 105.)] An Act for Augmenting the number of Représentatives of this Province to Serve in the Generall Assemblv. [Passed, May 1, 1702.] The House of Représentatives now in Generall Assemblv Con- ven’d takeing into their Serious Consideracons the great advan- tages that Accrue to this Province by the frequent meeting of the General Assemblv thereof. Yow to the end that the Sev- eral Cityes and Countyes of this Province may in a better pro- porcon Send Représentatives to the Generall Assembly. Bee it Enacted by tlie Leiu’t Gov'r and Council and Représentatives now in Generall Assembly Conven’d and it is hereby Enacted by the Autliority aforesaid that the proporcon of Members to corne to any future Assembly of our Lord the King in this Province shal be according to the number hereafter Expressed, & not otherwise. That is to Say, for the City and County of New vork Six for the City and County of Albany five, that is to say for the Town of Sehenectady, Nistigionne & half moon in the Said County one, for the Town of Kinderhook & ail that part of the County that lyes to the Southward of Renslaerwick in the Said County, one; for the Mannor of Renslaerwick inLAWS OF THE COLONY OF NEW YORK. 479 the said County one, and two for the City of Albany aforesaid for the County of Soiïolk two, for Queens County two, for Ivings County twTo, for the County of West Chester two, for the County of Lister two, for the County of Richmond, two & for the County of Orange two any Law, usage, or Custom to the Contrax^y hereof in any wayes notwithstanding. Provided alwaies and Be it further Enacted that this Act nor any Article or Clause tkerein Conteined shal be Construed to be of any force before the Dissolucon of this pi*esent Assembly, And be it further Enacted by the authority aforesaid that the Members aforesaid be Elected Chosen & returned According to the Laws of this Province, in that Case provided, And be it further Enacted by the authority aforesaid that the Town of Schenectady Nistigionne and half Moon, and the Town of Kinderhook and ail that part of the Colony of Renslaerwyck shall and may Elect any Suf- fi cient iïreeholder of the City and County of Albany to Repre- sent either of the said Towns if they so think fit any Law usage or Custom to the Contrary hereof in any wayes notwithstanding [CHAPTER 107.] [Chapter 107, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not printed in any édition of Bradford or in Baskett. Livingston & Smith and Yan Schaack, state that the act was repealed by the Queen, December 31, 1702. (See note to ch. 105.)] An Act for paying the Debts of this Gover- ment made in the time of the late happy Revolucon [Passed, May 1, 1702.] WHERE AS Jacob Leisler Esq’r Deceased late Cotnander in Oheif of this Province together wTith divers other good & Leige Subjects of our Lord the King in this Province did in the time of the late happy Revolucon that is to say in the year One Thousand Six hundred Eighty Nine and one Thousand Six hundred and Ninety Expend lav out and pay divers great and Considérable Sums of monv for the defence of this Province in the last Warr and other good Subjects haveing Exposed their persons as officers and Souldiers on ye frontAeers of this Goverment for which they nor either of them hâve hitherto had any Satisfacon or payment to ye great Greivance and ruine of the said Jacob Leisler his Heires and others therein Concerned as aforesaid to the great discrédit of this Province and the discouragemt of others to advance their Estâtes for the Defence of this Gover- ment and whereas the last House of Représentatives did by their Addresse to his Excel Richard Earl of Bellomont late Gov’r of this Province desire the said Earl to lay before his Ma’ty their480 LAWS OF THE COLONY OF NEW YORK. humble request for the paym’t of Twenty Seaven liundred pounds to the Heir of the said Jacob Leisler and that care ought to be taken for the payment of ail other the debts due in the time aforesaid. And whereas his Most Sacred Ma’ty has been graciously pleased upon the Feticon of Jacob Leisler Son and heir of the said Jacob Leisler Ësq’r Deced by the Right Hon’ble the Earl of Jarsey then his Ma’tys principle Secretary of State his Letter to the Gov’r of this Province in these words. Mv Lord the King being moved upon the Peticon of Mr. Jacob Leisler and haveing a Gracious Sence of his ffathers Severall Sufferings and the ill Circumstances the Pet’r and his Family are thereby reduced to his Ma’ty is pleas’d to direct that the saine be trans- mitted to yo’r Lordship and that you recomend his Case to the Generall Assembly of New York being the only place wliere he can be Reliev’d & the prayer of his Peticon Comply’d with To direct that the same should be recomended to the Generall Assembly of this Province and the House of Représentatives now in Generall Assembly Conven’d being willing to Comply with his Ma’tys Comands and also Considering the great Services of the said Jacob Leisler Dec’d Bee it therefor Enacted by the Gov’r Council & Représentatives in Generall Assembly Con- ven’d and it is hereby Enacted by the authority of the same That the Sum of One thousand pounds Currant mony of this Province be laid Assessed Levy’d and raised upon ail and every the ffreeholders Inhabitants Residenters. and Sojourners of and in this Province for paying part of the said Twenty Seaven hun- dred pounds due to Jacob Leister according to his Ma’tys Said Directions and for no other use whatsoever which said Sum of one thousand pounds Currant mony aforesaid shall be raised Assessed Colected Levy’d and paid unto his Ma’tys Collect’r and Receiver Generall of this Province for ye time being at the City of New York at or before the first day of November in the présent year of our Lord One thousand Seaven hundred and two in Such manner and according to the respective Quota’s and proporcons following That is to say for the City and County of New York Two hundred Eighty and five pounds and ten shillings, for ye Oounty of West Chester ffifty one pounds ffourteen shillings, for the County of Richmond Twenty three pounds and tenn shillings, for Kings County one hundred twenty three pounds, for Queens County one hundred Seaventy Six pounds t)enn shillings for ye County of Suffolk one hundred Eighty Six pounds four shillings for Ulster and Dutchesse County Eighty four pounds twelve shillings for Orange County nine pounds for the City and County of Albany Sixty pounds ail of the Currant mony aforesaid and for the due and betterLAWS OF THE COLONY OF NEW YORK. 481 Assessing Levying and paying the aforesaid Sum of One thous- and pounds Currant mony aforesaid Bee it further Enacted by the Authority aforesaid That the Mav'r or Recorder & Aldermen of the Cities of New york & Albany or the maj’r part, of them the Justices of the Feace for the time being or the major part of them for the Severall respective Counties aforesaid for which they shall be Justices of the Feace, do within twenty dayes after ye publicacon hereof, Assemble and meet together in the Court House for the severall and respective Cityes and Countyes, or Such other place or places as they Shall agréé upon among themselves and shall there order that the Assessors and Col- lectors for the Cities of New york & Albany and tlie Severall and respective Townes Man'rs or Liberties within their Severall Jurisdiceons for the assessing Collecting and receiving of the publick rates for the Defraying of the publick Charge of each respectve City and County aforesaid shall be ye Assessors & Collecter for ye Assessing Collecting & Receiving ye Sum or Sums of mony hereinbefore menconed according ta the pro- porcons beforeExpresed as to ye said May’rs Recorders Alder- men & Justices! shall seem meet & reasonable And for as much as there are Severall Towns Man'rs & Jurisdiceons w’thin ye respective Counties aforesaid who refuse or do not Elect Annuallv or «once every vear Assessors or Colleet’rs whereby ye Intent of this Act may be Evaded & frustrated Be it therefore Enacted by the Authority aforesaid That if any of the respec- tive Towns Man'rs & Jurisdiceons within ye Severall Counties aforesaid shall refuse negiect Delay or deny to Choose or Elect Assessors & Colleet'rs for tlie Assessing of tlieir Severall & respective Towns Mann’rs & Jurisdiceons & for ye Collecting of ye Sanie According to tlie true Intent & Meaning & Directions of this Act then and in Such Case it shall & may be Lawfull for the Justices of ye Feace or any two of them in the Counties where such Towns Mann'rs & Jurisdiceons are & they are hereby Impowered & autliorized to nominate & appoint assessors & Colleet’rs for Such Towns Mann'rs and Jurisdiceons as shall refuse negiect Delay or deny as aforesaid which Assessors & Colecfrs so nominated and appointed in manner aforesaid shall to ail Intents & purposes be deemed & Esteemed ye Assess’rs & Colectt’rs of ye said Man’rs Towns & Jurisdiceons and observe & Exécuté ye Direccons of this Act And Be it further Enacted by the Authority aforesaid That the said May’rs or Recorders and Aldermen the Justices of the Feace for the respective Cities and Counties as aforesaid hâve and shall liave by Virtue of this Act full power and Authority each of them by himself to administer to Such Assessor or Assessors that shalbe Eleoted 61482 LAWS OF THE COLON Y OF NEW YORK. and appointed in manner aforesaid an Oath tliat tkey skall well and truly equally Impartially and in due proporcon Assesse & rate tlie Estâtes reail and personall of tlie Inkabitants, Residents Sojourners and ffreekolders of the respective places for wkicli tkey skalbe Chosen Elected nominated & appointed Assessors according to tlie best of their Skill and knowledge and tliat tlierein tliey will Spare no person for favour or affection or greive any person for katred or ill will and tlie said Assessors are kereby required to deliver one Coppy of tlieir Assessinent fairely written & Subscribed by them unto tlie Said Justices or to> the office of tke Clerk of tlie Peace of tlie respective County to wkicli tkey belong & tke said Justices for eack respective County or any two or more of them are kereby ordered and required to Cause tke said Severall & respective Assess- nients to them Delivered to be fairely written and to» Sign and Seal Severall Duplic-ates or Copies of tlie said Assessinent, & one of them So Signed & Sealed forthwith Deliver or Cause to be Delivered unto tke respective Collectors witkin the Severall & respective Cities and Counties aforesaid and skall likewise deliver or Cause to be delivered another faire Oopy So Signed and Sealed, unto tke Clerk of tke Peace of tke respective County to which tkey skall belong there to> be filed and remaine upon Record and tke Clerk of the Peace of eack County is kereby required to transmit the Sum of tlie Assessinent of eack Town unto tke Receiver Genera.il at New york for the time being within ten dayes next and after his receipt tliereof under the pen- alty of ffive pounds for Suck his Default. AND Be it furtker Enacted by tke autliority aforesaid Tka.t if any person or*persons wko skall be Chosen Elected nominated and appointed in man- ner aforesaid assessors or Colect’rs shall denv neglect refuse or delay to assess *as by this Act is required or shall deny neglect refuse or delay to Collect any Sum or Sums of mony in forme before menconed Assessed tliat then in suck Case it skall and may be Lawfull for any two Justices of ye Peace of the Cities and Counties wkere Such offendors shall happen to dwell or résidé wko by virtue of this Act are required & Impowered to< do the Same by Warrant under their hands and Seales to Comitt Such Assessors or CollecPrs so denying refuseing neglecting or Delay- ing to Collect as aforesaid to tke Comon Goale, there to* remaine without Bail or mainprize till lie or tkey skall niake fine and Ramsome to his Ma’ty for Suck his Contempt as aforesaid and upon suck his Combinent ye Justices or tlie MajY part of them are required Speedily to nominale and appoint other Collectors and Assessors in their Stead and room. And if any person orLAWS OF THE COLONY OF ÎŒW YORK. 483 person» Shall Shut tkeir Doors or refuse to pay the Rates Assesed by Virtue of tliis Aet made and provided where by this Act may Seem to be frustrated Bee it further Enacted by the authority aforesaid. That if any person or persons skall neglect or refuse to pav the Severall Rates and Assessments wherewith they are Charged by this Act of Generall Assembly for or in respect of liis & tlieir goods & Chattles Lands and Tenem’ts upon Demand of the Collect'rs that shalbe Chosen and appointed to receive the sanie or within tenn days next after the said Demand it sliall and may be La-wfull to and for such Collectors & they are hereby rjequired for nonpayment thereof by Warrant under the hand of two Justices of the Feace to destrain the person or persons so refuseing or neglecting to pay by his or their goods or Chattles or destrain in and upon the messages Lands and Tenements so Charged, & the goods and Cliattles then and there found, and the Distress so taken to carry awav, & the Same to Expose to Sale in the* Town or County where Such Distress is made and for want of Buyers to carry tlie said Dis- tresse to any other place in the Province for the Sale of the said Distress aceordingly for the payment of the said Rate or assessment and the overplus coming by the Said Sale, if any be over & aboyé the Charges of takeing & earrying away the said Distress to be Immediately returned to the owner thereof which said Charges to be Adjusted by two Justices of the Peace, and moreover it sliall and may be Lawfull to breake open in the day time any House, and upon Warrant under the hand» and Seals of any two or more Justices aforesaid any Cliest Trunk or Box or other things where Such goods are, and call to their Assistance the Constables or any other persons within the respective Cities Counties, Towns, Mannr’s & Jurisdkxons where any refusai 1 neglect or résistance shalbe made, which officers and persons are hereby required to be aiding and assisting in ye prémisses. And Bee it further Enacted by the Authority aforesaid. That if any May’r Recorder Alderman or Justice of the Peace within this Province who are hereby Required Impowered or Authorized to' take Effectuai Care, that this Act and every Article & Clause therein be duelv Executed aecording to the true Intent & meaning thereof, sliall neglect refuse or Delav to performe fulfill and Exécuté ail & every the Duties powers and Autliorities by this Act requii’ed and Impowered by liim or tliem to be done performed fulfilled and Executed & sliall thereof be Convicted before the Gov’r & Council or before any of liis Ma’tys Courts of Record within this Province, he or they sliall Suffer Such pain by flfîno & Imprisonment, as by the Discrétion of the G-ov’r & Council or the Justices of the said484 LAWS OF THE COLOXY OF NEW YORK. Courts shalbe adjudged. AXD Bee it furtlier Enacted b y the Authority aforesaid That if any Accon Bill Plaint or Infor- macon shalbe brought nioved or prosecuted at any time here- after against any person or persons for any matter Clause or thing doue or Acted in pursuance or Exec-ucon of this Act Such person or persons So Sued or prosecuted in any Court w’tso- ever shall and may plead tlie generall Issue not guilty & give this Act & the Speciall matter in Evidence. And if tlie Plaintiff or prosecutor slialbe nonsuited or forbear furtlier prosecucon or Suffer Discontinuance or Verdict to pass against liim the Defend't or Defend’ts shall recover treble Costs, for which they shall hâve the like remedy, as in Case wliere Costs bv the Law are given to Défendants. Provided al waves that no May Y Recorder Aldernien Justice of the Peace shalbe Sued prosecuted or molested for any omission olîence or neglect by Yirtue of this Act but witliin the Space of one year after Such Omission Offenoe or neglect & not at any time thereafter any thing thereîn Contained to the Contrary bereof in any wise notwitlistanding. And Bee it furtlier Enacted by the Authority aforesaid that the Collector of this Province shall witliin tenn days next & after the Receipt of the mony aforesaid pay the Sanie unto the Said Jacob Leisler or his order he or they giveing a Receipt for the Same. And Be it furtlier Enacted That for tlîe payra’t of the Sum of one thousand and Seaven hundred pounds part of the Twenty Seaven hundred pounds due to Mr. Leisler and also for the pavment of ail other the Debts aforesaid. Be it Enacted by the Authority aforesaid, tliat tliere shalbe raised Levyed, Collected paid and Sattisfied to his Ma ty for the use aforesaid froni and after the publicacon lie»eof untill the Eigliteenth day of May which shalbe in the year of our Lord one thousand Seaven hundred and Six Inclusive the rates Duties and Impositions upon the goods Wares and Merchandizes here- inafter menconed in manner & form following (That is to Say) TJpon every Xegro or Indi'an Slave Imported in this Province from their own Countries ffifteen shillings upon every Negro or Indian Slave not direetlv Imported as aforemenconed Thirty shillings, upon every Barrell of Mackerell or ffish Imported into this Province Eighteen pence upon every hundred weight of hops three shillings Imported as aforesaid, upon every Bushell of Sait Imported as aforesaid, one penny half penny upon every lialf barrell of Flower Exported out, of this Province three pence upon every thousand of pipe Staves Imported into this Province two shillings upon every thousand of hogshead Staves Imported as aforesaid one shilling, upon every hundred weight of Cocoa nuts Imported as aforesaid fourLAWS OF THE COLONY OF NEW YORK. 485 shillings, upon every hundred weight of Rice Imported as afore- said one shilling, upon every Barrell of Pitcli Imported as afore- said two shillings, upon every Barrell of Tari* Imported as afore- said one shilling, upon every tirkin of Black Soupe Imported as aforesaid Six pence, Upon every Gallon of Liquors Distilled in the neiglibouring Colonys (Except Rirni) from tlie West Indies Imported as aforesaid four pence half penny over and above ail other Dutys already Imposed. AND Be it further Enacted by the Authority aforesaid Tliat the Severall, Rates and Duties herebv Imposed on tlie goods Wares Merchandizes & Liquors slialbe raised Levyed Collected received and paid unto his Ma’tys Collector & Receiver Generall for the time being dureing the terme before menconed in the Sanie manner & forme and by Sucli rules allowances waves and meanes & under Sueh penalties Anes & forfeitures as are menconed Expressed and Directed in and by an Act of Generall Assemble made in the Eleaventh year*of liis Matys Reign Entituled an Act for granting unto his Ma’ty Severall Duties for the defraying the Debts of the Gover- ment after ye time Lymitted in an Act Confirming & Continuing unto their Ma’ties ye Revenue Established by an act of Generall Assemble for defraying ye publick & necessary Charge of the Govemient is Expired in as full & ample manner as if the Same were partic.ularly récited in tliis act any thing to the Contrary hereof in any wise notwithstanding, and for the better and more orderly Knowledge and Examinations of the Debts of tliis GovernTt made in the time aforesaid Be it Enacted by the Authority aforesaid that 'there be in each Countyy appointed Com?rs to take State & Examin Such Acco’t brought or to be brought before them with power to Examine ye person or persons So delivering his acco't upon Oaiîli to the truth thereof & that they liave not been in any wayes Sattisfied for the Same which, Cour rs are & are herebv a.ppointed & Impowered to bee Hendrick Hansen, Johannes Bleeker, Thomas Williams, & Ryer Schermerhorn for the City and County of Albany, Ma.j’r Jacob Artsen, Bomdewyn De Witt & Ruth Bleecker for the County of Ulster, Col. Gerrardus Beekman Maj’r Cor- nélius Y an Brunt & Hendrick Veighte for Kings County, John Morgan Jaques Pouillon and Jacob Corsen for the County of Richmond, Cornélius Hearing and John Cuyper for tlie County of Orange, John Coe, John Lawrence and John Berian, for Queens County, Captain Evert Byrank, James Mott, & Thomas Baxter for tlie County of West Chester, Samuel Mulford John Weekes & Theophilus Howell for the County of Sutfolk which accot's the said ComTs aie to Send to New york on or before the first day of Noyember next unto the Com’rs appointed to486 LAWS OF THE COLOXY OF NEW YORK. take State and Examine tlie publick Acoo’ts of tins Goverm’t who are hereby nominated “Com’rs for tlie City & Oounty of New York" and also Com'rs appointed to Settle the Generall Acco’ts thereof on or before the first day of Deceru- ber then next ensueing wliich being So made up shalbe Delivered to be allowed by Col. Abraham De Peyster, Samuel Staats, Robert Walter & William Atwood Esq’rs or any three of them & Signed by them or by any three of tliem shal be a Suf- firent Warrant to the Collector for payment thereof And Be it further Enacted That no Acco’ts shalbe received by the said Com’rs after the first day of September next but Sucli person or persons So neglecting or Refuseing to bave liis or their Acco’t and Acco’ts Stated & Examined Shalbe & is hereby for ever debarred to recover liis or their pretensions and to tlie end that the Duties Arriseing by this Act may be duely applyed to Sattisfy the Debts aforesaid Be it Enacted by the Authority aforesaid, That his Ma’tvs Collector & Receiver Generall do not Dispose or pay out any of the Sums ariseing by this Act Except the Thousand pounds aforesaid untill Such time That the said Abraham DePeyster Samuel Staates, Robert Walters & William Atwood Esq’rs, or any three of them, sliali hâve allowed the Acco’ts of the Debts aforesaid at wThich time ye money So rece’d is to be paid in due & equall proporcons to tlie Severall persons haveing his or their Acco’ts So allowed proportionable to their Debt which said payment the said Collector is hereby required & Impowered to make accordingly upon Warrant as aforesaid being Legally Discharged for the Same. And Be it further Enacted by the authority aforesaid, That after ye first paymjent made as aforesaid the said Collect’r is hereby Required and Impowered once in every Six months dureing the terme afore- said out of the Duties ariseing by this Act to pay unto the person or persons whose Acco’t or Acco’ts shalbe allowed as aforesaid the Sum by him Received by Yirtue of this Act in the Six months afore- said in due and equall proporcons Accordingly proportionable to his or their Debt, & so1 to Continue froin Six months to Six months untill tliey be ail paid or this Act Expired upon order Signed as aforesaid any tliing to the Contrary hereof in any wise notw’thstanding and that the Collect'r do< every Six months give Acco’t of his Receipt of the Customes arising by this Act to the said Col Abraham DePeyster Samuel Staatos Robert Walters & William Atwood Esq’rs or any two of them any Law usage or Custome to the Contrary hereof in any wise notwitlistanding. And Be it further Enacted that upon the Death or Absence of any of tlie Said persons out of this Province it sliali & may be LawTull for Such as Survive or romaine in the Province to JoinLAWS OF THE COLONY OF NEW YORK. 487 unto them one or more persons as they shall think fitt to make up the number of four wliicli persons So Chosen by them shall to ail Intents & purposes be Invosted w’th ye powers in this Act Given to the said persons now Nominated. [CHAPTER 108.] [Cliapter 108, of Livingston & Smitli and Van Schaaek. where the title only is printed. This act is not printed in any édition of Bradford or in Baskett. Livingston & Smith and Van Schaick, state that the act was repealed by the Queen, December 31, 1702. (See note to ch. 105.)] An Act for Continuing the Revenue Estab- lished by Law unto his Ma’ty for two yeares Longer. [Passed, May 1, 1702.] The Représentatives now in General Assembly Convene’d Con- sidering the many & great favours this Province does dayly receive from his niost Saered Ma’ty wliich ought to meet witk a gratefull return from his Subjects in this Province do therefore humbly pray that it may be Enacted, and it is hereby Enacted by the Leiu’t Gov’r & Council and Représentatives now in Genera.ll Assembly Convened, and by the Authority of the Saine that the Revenue Establsht by an Act of General Assembly of this Province Entituled an Act for granting unto his Ma’ty Several Duties for the defraying the publick Charg of the Goverm’t after ye finie Limitted in an Act Entituled an Act C-onfirming & Continuing unto their Ma’tys the Revenue Estab- lisht by an Act of General Assembly for defraying the publick & necessarv Charge of the Goverment is Expirfed is and is hereby Continued for two yeares Longer tlian in the said Last menconed Act is Expressed in as full and Ample manner as if the said last menconed Act had been herein particularly Recited & Expressed the said Act or any other-Law usage or Custome to the Oontrary hereof in any wise notwithstanding And the Repré- sentatives now in Generall Assembly Convened do most humbly pray his most Excellent Ma’ty that it may be Enacted And it is hereby Enacted by the Authority aforesaid that the Sum of two hundred pounds be on or btefore the first day of July now next ensueing paid unto his Hon’r John Nanfan Leiu’t Gov’r his Heirs or assignes out of his Ma’tys Treasury of tliis Province as a Testimony of the benfits We hâve received under his Goverm’t and that the Sallary of Seaventy ponnds p Ann granted unto William Atwood Esq’r Cheif Justice in Consideracon of his great & manifold Services & endeavors for ye good & welfare of ye Province be Continued for two yeares Longer than is menconed and Expressed in an Act of the Generall Assembly made the488 LAWS OF THE COLONY OF NEW YORK. last Sessions Entituled an Act for granting an Additional duty to his Ma’ty, provided also and be il Enacted by the authority aforesaid that tlie Sanie sliall b/e paid and payable for the said two yeares out of tlie Revenue already before tliis Act Estab- lisht. And be it further Enacted by tlie authority aforesaid, That if the said William Atwood sliould before tliat time be removed that tlien & in Such Case the Sum of One liundred and forty pounds be paid unto liini his lieirs or assigns witliin forty dayes after Such removall out of the Treasury of tliis Province. And Be it further Enacted that the Sallarys of Bernardus Free- man Minister of Schenectade. And his perquisits Establisht by the said Act and the Sallary of Lawrence Claesson Indian Interpréter be also Confirmed for two yeares Longer than in said Act is Expressed and the House of Représentatives Con- sidering the great Service of John Cliampanty Esq’r the présent Agent of this Province humbly pray that it may be Enacted and be it enacted by the Authority aforesaid tliat the Sum of ffiftv pounds p ann be and is hereby added to his Sallary for two yeares next ensueing and lie the said John Cliampanty is hereby declared and appointed Agent for this Province for two yeares longer Commeneing from the tenth day of this Instant month of May in the présent year One thousand Seaven hundred and two any Law usage or Custom to the Contrary hereof in any waves notwithstanding. [CHAPTER 109.] [Chapter 109, of Livingston & Smith and Van Scliaack, where the title only is printed. This act is not printed in any édition of Bradford or in Baskett. Livingston & Smith and Van Scliaack, state that the act was repealed by the Queen, Deeember 31, 1702. usee note to ch. 105.)] An Act for the better Regulateing the Elections of Trustées & Magistrats for ye Town of Kings Town in the Coiinty of Ulster. [Passed, May 1, 1702.] WHEREAS by a Certain Pattent under the great Seal of this Province dated the Xineceentli day of May in the year of our Lord One thousand Six hundred Eiglity Eiglit it is amongst otlier tliings ordained that tliere be yearly and every year on the first Tuesday of tlie month of Mardi Elected and Cliosen twelve Trus- tées for the said Town by the Maj'r Vote of the Inhabitants and ffreemen of tlie Said Town and tliat tlie Trustées So Elected as aforesaid sliall out of their Number Chose A Elect five to be Magistrats of the said Town for the hea.ring and determining of ail Civill Causes to the Value or Damage of ffîve pounds. AndLAWS OF THE COLON Y OF NEW YORK. 489 WHEREAS Severall persans disaffected to the Peace and Well- fare of the said Town hâve of late taken upon theinselves to Exécuté the offices, of Trustées and Magistrales of the said Town without being thereunto Elected and Sworn to* the great Greivance and oppression of the Inhabitants and freemen of the said Town for the. preventing whereof for the future RE it Enacted by the Leiu't Gov'r & Council and Représentatives now in Generall Assembly Convened, and it is hereby Enacted b y the Authoritv aforesaid that there be yearly and every year pursuant to the said Fattent Elected twelve Trustées for the said Town of Kings town and tliat live thereof be the magistrates aforesaid and that they be Chosen & Elected on the firsit Tuesday of March in tlie Town House of the said Town by the Majority of the Votes of the Freeliolders & ffreemen. of the said Town, & for the more regular & better proceeding in the Eleccon aforesaid Be it Enacted by the Authoritv ^aforesaid that tlie Justices of the Peace of the County of Ulster resideing and Inliabiting within the Town aforesaid or one or more of them are hereby Required and Comanded to Issue forth his or tlieir Warrant or Warrants directed to the Constable or Constables of tlie said Town three days before the Election Commanding him or them to give notice to ail the ffreemen and ffreeholders of tlie Day and place of Election and that Such as liave the Majority of Voices in the said Election slialbe returned Trustées of tlie said Town for the year ensueing unto the Justices aforesaid and be Sworn before: the Said Justices or one of them at least, ffaithfully to Exécuté: their said Office and that no person or persons not Sworn as aforesaid shall be Suffered by tlie said Justices to enter upon the said Office And Whereas Severall persons witliin the said Town did in ye year of our Lord Seaventeen hundred and one illegally take upon tliemselves the offices of Trustées & Magistrates as aforesaid to the great Damage & manifest Disturbance of tlie Peace of the said Corporacon without being Elected or Sworn unto the said Offices or anvof them BE it therefore Enacted by the Authoritv aforesaid that ail the Acts proceedings & Judgements had made given or Executed in ye Town of Kingstown in tlie year 1701, 1701 1-2 in the name and by the Authoritv of the Trustées or Magistrates of the Corporacon of Kings Town or either of them be for the reasons aforesaid held illégal and Void & the same are hereby declared Illégal and void accordingly anv Law usage or Custom to the Contrary hereof notwitlistanding. 62490 LAWS OF THE COLONY OF NEW YORK. [OHAPTER 110.] [Chapter 110, of Livingston & Smitli and Van Schaack, wliere tke title only is printed. Tkis act is not printed in any édition of Bradford or in Baskett. Livingston & Smith and Van Scliaaek, state that the act was repealed by the Queen, December 31, 1702. (See note to ch. 105.)] An Act for declareing Confirming & Explaining the Libertys of the City of New york relateing to ye Election of their Magis- trats. [Passed, May 1, 1702.] WHEREAS nothing can more Conduce to the peaee Welfare and quiet of the Inhabitants Freeholders & ffreemen of the City of New york than that they should enjoy ail and every the Libertys, Franchises privilèges & Enmunities granted unto them by their Charter of Corporacon da:ted the Seaven and . twentieth day of Aprill in the Year of our Lord One Thousand Six hundred Eighty & Six and that the said City being the most An citent Corporacon of this Proyince should be Incouraged & the Inhabitants thereof made happy in every Respect and Secured in the full enjoyment of their ancient Riglits and Privilèges given & Confirmed unto them by their said Charter as aforesaid and that ail beats Animosities Quarrels Strifes & Debates may for the future be laid aside & those already hap- pened for ever hereafter buried in Oblivion & that such matters which are or may Seem to be Doubtfull in ye said Charter relateing to the Electing of their magistrats may be Explained Declared & Settled. Be it Enacted by the Leiu’t Gov’r & Council & Représentatives now in General Assembly Conven’d and it is hereby Enacted by the Authority aforesaid that the Election of Magistrats and other officers for ye said City shal be yearly & every year for ever hereafter on the Day or Days as by the said Charter is Directed & Such & So' many as is therein menconed & Expressed to Serve the said Corporacon in Such manner & waves as is therein and thereby Declared. And Be it further Enacted by the authority aforesaid that the said City is, & is hereby Declared to be Divided in Six Wards According & in Such forni as the same was Divided in the year of our Lord One thousand & Seaven hundred, and that there be Annually & every year in each of the said Respective Wards Elected & Choôsen for every ward Such & so many Officers as in & by the said Charter is directed, And Such & so nlany officers for ye Town of Harlem within the Corporacon of the said City as was by ye Cornon Council of ye Said City Ordered in ye year of our LordLAWS OF THE COLONY OF NEW YORK. 491 One thousand Six hundred Ninety Nine whicli Said Order is hereby deelared to be to ail Intente & purposes Confirmed but whereas great Strifes Debates & Suites liave happened of late in ye Election of tlie Officers aforesaid, that is to say of one Alder- nian one Assistant two As scs sors one Collect'r one petty Con- stable for eacli Ward & two petty Constables for tlie ont ward to tlie great Disquiet Disturbance trouble & Vexacon of tlie lïreeholders & ffreeiiien of tlie said] City’ by ücaison of tlie misconstruccon of tlie said Charter for tlie preventing whereof for tlie future Be it Enacted by tlie Authority aforesaid that from henceforth & forever hereafter ail & eyery tlie Freeholders Dwelling & resideing witliin the said City having freehold w’thin the said City either in liis own Riglit, or in the Right of his Wife, & ail & erery the ffreemen of the said City tha/t now are being born w’thin the said City or otherwise made free by Enrolling or hayeing purchased their freedoni and resideing within the said City shall haye their Votes in the Electing of the officers aforesaid in the Seyerall Wards where they live and in no other Ward whatsoever within the said City, Proyided they haA’e Actually liyed resided or had their habitacon in the said Ward three mon.ths before the day of Election & that ail persons borne within this Kingdom of England or this City & hereafter Enrolled & made free shall hâve ye like prh’ilege of Election but ail & eyery person or persons not born in ye Kingdom of England or this proyince that shall after the fourteenth day of May now next ensueing becorne a freeholder or freeman of this City shall not be Suffered to giye his or their Vote in ye Elec- tion aforesaid unless they haye liyed Twelye montlis within the said City & three montlis within ye Ward where such Choice or Election is to be had before the time of Such Election the said Charter or any Law usage or Custom to the Contrary notwith- standing & for ye better Regulateing the Elections aforesaid Be it Enacted by the authority aforesaid that the May’r of the said City for the time being or on his Death or Absence the Recorder or Eldest Alderman for the time being shall according to the former usage at ye aecustomed day issue forth his Warrant to the representatiye Alderman or Assistant or either of them of the respectiye Wards to Cause ye said Election to be made in ye forme aforesaid Assisted by two of the principle ffreeholders of ye Said Wards (that is to say) for the Southward Johannes Van Cfiesen & Gysburg Van Jurburg for the Northward Gerret Viele & Jacob Van Noordstrant for ye Dockward Lawrence Van Hook & Abram Metzeler for ye Eastward Johannes Hardenbrock & Barent Royndero for ye West ward, Eyert Van Hook & Johannes492 LAWS OF THE COLOYY OF KEW YORK. Van Gelder & for ye outward Egbert Heeremans & Johannes Waldion or one of them in ea.ch ward at least & in Case of tlieir or any of their Death or absence by Such as the Comon Council of said City shall appoint in tlie room of ye s’d dec-eased or absenttee which is & who are to be appointed on ye day the Warrant Issue, & are to be Sworn in Comon Council truely & faithfully to take ye Foll of the Election of their respective Wards & not to Suiîer any to Vote but Such as are qualified as aforesaid & together with the said Aldermen or assistant return ye names of Such as hâve je majT Vote for any of the said Officers unto the Clerks office of ye Said City before twelve of the Clock the Sanie day of the Election which persons so retumed sliall be deiemed & Esteemed to be Duely Elected officers for tlieir respective Wards & be accordingly Sworn in their respectes e Offices as the said Charter directs for ye year ensueing on ye usuall day in Comon Council after ye publisliing of ye new May’r Comon & if any Dispute shall happen Relateing to ve Elections aforesaid the Same shalbe Decided by ye Comon Council for ye time being within Eight da}S after the Election & if any person or persons shall think him or y’msielves agreived bj such their Determinacon he or they shall liave Liberty to make his or their appeal to the Gov’r & Council for the time being & no where else who are herebv Impowered finally to décidé ye same. Provided nevertheless that such appeal shall not be 'any pretence for the May’r & Recorder for ve time being to Suspend to Swea.r or Sweare others but such as are retumed in Comon Council aforesaid which to ail Intents & purposes shalbe deemed & Esteemed to be ye respective officers of the said City untill any return shall be falsifled by the Gov’r & Council & by their Warrant others are Oomanded to be Sworn in ye room of Such not duely Elected & “ returned & to ye end that ail Controversies Strifes and Debates relateing to the last Election of officers and magistrates for ye said City may be for ever Obliterated BE it Enacted by the Authority aforesaid that ail Records or Minuts Entred in the Comon Council Book from the Eleaventh day of Yovember La.st past untill the twenty third day of December last past be on or before the fourteenth day of May now next ensueing in Comon Council to be held for that purpose raised defaced and forever Obliterated and held for null & Void any Law usage or Custom to ye Contrary hereof notwithstanding. Provided that this Act nor any Clause herein Contained shal be Construed to Debarr any of the Countys of this Province of their Ancient Rights and Libertys.LAWS OF THE COLOXY OF XEW YORK. 493 [CHAPTER 111.] [Chapter 111, of Livingston & Smitli and Yan Schaack, where the title only is printed. Tliis act is not printed in Brinley's Bradford or in Baskett. The act continued is chapter 85. Defects in this act are sup- plied by chapter 133.] An act for Continuing the Com’rs. of acco’ts for one year longer [Passed, May 1, 1702.] WHEREAS the Act of the Generall Assembly Entituled an Act for appointing and Enabling Com’rs to Examine take & State the publiq Acco’ts of this Province is Expir’d by its own Limitta- con on the first day of this présent Sessions of the Generall Assembly. And whereas it is of absolnte necessity that the acco’ts of this Province should be finished and Settled in Such way & manner as they are now happily begun Be it Enacted by the Leiu’t Gov’r and Council and Représentatives now in Generall Assembly Convened and it is liereby, Enacted by the Authority aforesaid that the said Act and every Article and Clause therein Contained is herebv Continued and declared to« be of full force & Yirtue untill the first day of May in the year of our Lord one thousand Seaven liundred and three and from thence untill the first day of the next Sessions of the Generall Assembly any Law usage and Custom to the Contrary notwithstanding. THE NENTH ASSEMBLY. First Session. (Begun Oct. 20? 1702, 1 Anne, Edward Lord Cornbury, Governor.) [CHAPTER 112.] [Chapter 112, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 177, 210. Title only is printed in Baskett, p. 61. Opposite the words in brackets, in the margin of the original law, is the word “ out.”] An Act for the Levying and Collecting the Sum of Eighteen liundred pounds for the raiseing paying and maineteining one hun- dred and fifty lfuzileers with tlieir proper Ofiicers for five Months and Thirty Men with their proper Ofiicers to be Imploy’d as Scouts Sixtv two days for the Defence of the firontieers. [Passed, November 7, 1702.] WHEREAS by the great Xeglect. of those who hâve lately Exercis’d the Powers of Govemment in this Collony, the fforti-494 LAWS OF THE COLONY OF NEW YORK. fieaoons on tlie ffrontieers tliereof hâve Run to Ruin and Decay; and for as much as the Safety, good and Welfare of this Colony, as well as her Majesties otlier Provinces in these parts of America does greatly Dépend on the making good and preserv- ing the Said ffortificaoons and out Posts of the said ffronteers. And Altho' this Province of it Self is, very unable to raise and inaintain Su ch a Number of Men as will be al waves necessary to be tliere Posted and Mainteined, for the better Security thereof; Yet that thev may be found doing their Duty to the utmost of their power and ability, with ail Due Regard to her Sacred Ma'tys service, and the préservai*on of this Province, Be it therefore Enacted by his Excellency, the Gov'r and Council and Représentatives Conven'd in Generall Assembly, and by the Authority of the sanie, That the Sum of Eighteen hundred pounds Currant money of New York be laid, Assessed, raised and Levied upon ail and every the Inhabitants, Residents, Sojoumers and ffreeliolders of and in this Province, for the raising, paying and mainteining one hundred and ffifty ffuzileers, with their proper Officers, (for five Montlis and Thirty Men with their proper Ofïicers,) to be Imploy'd as Scouts Sixty tw^o* Dayes, the tfuzileers to be Posted on the ffronteers at or neer Albany from the ffifteenth Day of November Instant, untill the ffifteenth Day of Aprill next following, and no longer: And the Scouts to be Raised and Posted att Su ch place or places as his Excel the Captain General Shall Seeni meet; which said Sum of Eighteen hundred pounds, as aforesaid, shall be raised and paid according to the Several respective Quota’s and Proporcons hereafter men- coned, unto her Ma’tys Receiver General of this Province, or to the Com’rs for Mannaging the Office of Receiver General, for the time being, at the City of Newyork, at or before the 25th Day of March next ensueing, which will be in the year of our Lord 1703 according to the Rates and proporcons following (that is to Say,) For the City and County of Newyork foure hundred and five pounds. For Kings County, Two hundred ffifty two pounds. ffor Queens County, Two hundred and Seaventy pounds. ffor the County of Suffolk Two hundred and Seaventy pounds. ffor the County o-f Richmond Ninety pounds. ffor the County of West C-hester One hundred ffortv four» pounds. ffor the City and County of Albany One hundred fforty four pounds. ffor the County of Ulster One hundred Sixty two pounds. For the County of Orange fforty five pounds. ffor Dutchess County Eighteen pounds. And be it further Enacted by the Authority aforesaid. That for the better Assessing raising Collecting and paying the Sum of Eighteen hundred pounds aforesaid, The May’r and Aldermen of the City of Newyork the May’r and Aider-LAWS OF THE COLOXY OF NEW YORK. 495 men, within tlie City of Albanv witli tlie Justices of the Peace for tlie tirne being for the Severall and Respective Cities Countys Towms, Mannors, Liberties and Jurisdieeons within this Oolony for the which tliey shalbe Justices of the Peace do within fforty dayes after the publicaeon liereof Assemble and meert together in the Court Houses for the severall Respective Cities and Coun- ties or Sucli otlier place or places as thev shall agréé among themselves and shall there order that; the Ass essors and Collecter s for the severall and Respective Cities Towns, Mannors or Liberties, within their Severall Jurisdic- cons for the Assessing, Collecting and Receiving of the publick Rates for the defraying of the publick & necessary Charge of each respective City and County aforesaid be the Assessors and Collectors, for the Assessing, Collecting or receiving the Suni or Sums of monv hereinbefore menconed according to tlie proporcons before Expressed as to the said May’r Aldermen and Justices shall Seeni meet and reasonable And forasmucli as there are Severall Mannors and Jurisdieeons within the respective Counties aforesaid, who neglect or do not Elect Annually or once every yeare Assessors or Collectors, whereby tlie Intent of this Act may be frustrated. Be it also Enacted, That if the respective Towns Mannors or Jurisdieeons within the Severall Counties aforesaid shall refuse or neglect to Choose Assessors and Collectors for Assessing of their respective Towrns Mannors or Jurisdieeons or for Collecting the Same, according to the Intent and Direccon of this Act then and in Such Case the Justices of the Peace in the Counties where such Towrns Mannors or Jurisdieeons are, are hereby Impow^ered and Authorized to Nominate and appointe Assessors and Collectors for such Towns Mannors and Jurisdieeons as shall neglect or refuse as aforesaid, wrhieh Assessors and Collectors, shall to ail Int'ents and purposes Observe the Direccons of this Act, as any other Assessors or Collectors are by this Act Obliged and Enjoined to do. And be it further Enacted by the Authority aforesaid, That the said May’r Aldermen and Justices of the Peace for the respective, Citties, Counties, Mannors and Jurisdic- cons hâve and shall hâve pow^er and Authority, by Virtue of this Act, each of them by himself to' Administer an Oath to the said Assessors, wTell and truly, equallv Impartially and in Due proporcon as it shall appear to them, according to their best under- standing, to Assesse and rate the Inhabitants, Residents and ffreeholders of the respective places for wrhich they shalbe Chosen Assessors. And be it further Enacted by the Authority aforesaid That if any person or persons Who shalbe Chosen Assessors or Collectors in mannor aforesaid shall deny neglect,496 LAWS OF THE COLONY OF NEW YORK. or unequally and Impartially Assess. or refuse to make Such Assessment as by tliis Act is required or sball deny, neglect, or refuse, to Collect any Sum or Suiiis of rnony in form before men* coned Assessed, tkat then and in Such Case it sball and may be Lawfull for any two of ber Ma'ties Justices of tlie Feace of tbe Cities and Counties wbere sucb offendors sball bappen to dwell or résidé, and who by Yirtue of tbis Act are required and Im- powered to do tbe Same by Warrant under tbeir bands and Seals to Comit Sucb Assessors or Collectors so denying neglect- ing or unequally and partially Assessing or refuseing to Collect as aforesaid, to tlie Comon Goal tliere to remaine without Baile or mainprize till be or tbey sball make fine or Ransora to ber Ma’ty for Sucb Contempt as aforesaid. [And be it furtlier Enacted by tbe Autbority aforesaid, Tbat . if any person or persons of wbat Degree or quality Soever be or tbey sbalbe witbin tbis Province, who sball be Assessed or rated any Sum or Sums of money, by Yirtue of tbis Act to be raised and Levied sball Deny, refuse or Delay to pay and Satisfy tbe same, tbat then it sball and may be Lawfull for any Sucb Collector, by Yirtue of a Warrant under the band and Seal of any of tbe Justices for the City and County wbere Sucb offendors sball résidé or Inhabit, wbo by Yirtue of tbis Act are required and Author- ized to grant and Issue fortb Sucb Warrant, to levy tbe Same by Distresse and Sale of Such person or persons Goods and Chattles, Returning tbe Overplus, (if any be) to tlie owners, tbe Sum Assessed, and Charges of Distress and Sale being first Deducted.] And also, be it furtlier Enacted by tbe Authority aforesaid, Tbat if any May’r Alderman or Justice of tbe Peace witbin tbis Province, who are hereby required, Impowered & Authorized to take Effectuai carê that tbis Act & everv Clause tberein be duely Executed, according to tbe true and Genuine Sence and Intent thereof, sball Deny, refuse, neglect or Delay to do, perforai, fulfill and Exécuté ail and evierv or any of tbe Powers, Duties and Authorities by tbis Act required and Impowered, by him or them to be Done, performed, fulfilled and Executed, and shall thereof be Lawfully Convicted before any of her Majesties Courts of Record within tbis Province, be or tbey shall Suffer Sucb pain, by fine and Imprisonment, as by tbe Direction of the Justices of tbe said Courts shall be adjudged. And be it further Enacted by tbe Authority aforesaid, That if any Action, Bill, Plaint or Informacon sball be brought, moved or prosecuted at any time hereafter against any person or persons, for any niatter, Cause or thing done or Acted in pursuance or Execucon of tbis Act, such person or persons so Sued or prosecuted in any Court whatso- ever, sball and may plead tbe General Issue, Not Guilty, and give tbis Act and tbe Speciall matter in Evidence; and if tbeLAWS OF THE COLONY OF NEW YORK. 497 plaintiff or prosecutor sliall be non-suited, or forbear furtlier prosecucon, or Suifer Discontinuant, or Verdict to pass against Mm, the Défendant or Défendants shall bave Treble Costs, for wMch tliey shall hâve like Remedy as in Case wbere Costs by Law are given to Défendants. [Provided alwayes, That no Mayor Alderman or Justices of the Peace shall be troubled Sued, prosecuted or Molested for anv Omission, Olîence, or Neglect, [by Virtue of this Act, but within the Space of One Y"ear after Such Omission, offence or Neglect] and not at any time thereaf ter, any tliing herein Contained to the Contrary hereof in any wise notwitli standing. [And be it furtlier Enacted by the Autliority aforesaid, That what person or persons soever shall advance any Sum or Sums of Money not Exceeding the Sum of one Thousand pounds upon the Crédit of this Act, for the ends and purposes therein menconed, & shall pay the same unto the Receiver General of tliis Colony, or to the Coni'rs for Mannaging the office of Receiver General for the Unie being shall hâve and Receive back the Sum & Sums of Money so by them advanced, so soon as the Sanie can be Collected, with allowance after the Rate of Ten per Cent P Ann until they shall be reimbursed the Same. [CHAPTER 113.] [Chapter 113, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 199, 232; Baskett, p. 60. Confirmed by the Queen, May 20, 1708. The premium was altered by chapter 172.1 An Act for Destroving of Wolves with- in tMs Colony. [Passed, November 27, 1702.] Forasmuch as by the neglect of Killing Wolves within this Colony (Occasioned as well by the inequallity of the Distribu- con & Smallness of the Reward, as the Difficulty in attaining what formerly by the Law s has been allow’d) Divers of the Inhabitants of the Same Colony, hâve Suffered many grievous Loses in tlieir Stocks, both of Sheep and Neat Cattle. For the prévention of which, and Encouragement of those who shall destroy Wolves in the said Colony, and that the breed of Wolves within this Colony mav be whoolv rooted out and Extinguisht, Be it Enacted by his Excellency the Governr with the Consent of her Malies Council and Assembly for this Colony of New York, That from and after the Publieacon hereof, whatsoever person or persons, Christian or Indian, ffreeman or Slave, shall destroy and kill any Wolfe or Wolves, or their Whelp or Whelps, in the Countys of Suffolk, Queens Countv & Kings County, shall hâve 63498 LAWS OF THE COLONY OF NEW YORK. and Receive as a Reward, for eacli Wolf so destroyed and killed, tke Sum of Three pound Currant money of tliis Colony; and for every Such Wlielp under a year old, so destroyed and killed, the Sum of Tliirty Shillings Currant money aforesaid In tlie County of West Chester, Twenty shillings for a grown Wolfe, killed by a Christian, and Ten shillings for Such a Wolf killed by an Indian, and half that Sum Reispectively for a Whelp. In the County of Albany, Ten shillings for a grown Wolfe, killed eitlier by Chris- tians or Indians, and half that Sum for a Whelp. In tlie County of Pister, Twelve shillings for a grown Wolf, killed eitker by Christians or Indians, and half that S uni for a Whelp. And in the County of Richmond, Thirty shillings of like money for a Grown Wolf, killed by a Christian, and fifteen shillings for Such a Wolf killed by an Indian, and half that Sum respectively for a Whelp To be paid by the Treasurer, of each respective County where Such Wolve or Wolves, Whelp or Whelps shall happen to be destroyed and killed. And for the more Effectuait payment of the said Rewards, Be it. Enacted by the Authority aforesaid, That whosoever shall kill any Wolf or Wolves, their Whelp or Whelps in the said Countys, shall witli ail, Convenient Speed bring the head or heads of Such Wolves, so by them destroy’d, to sonie one of her Ma’ties, Justices of the reace for that County, Wherein the Same shall be killed, who (upon view thereof, and Examinacon of the Party, and Circumstances finding the same to agréé with probability and Tnith) Is hereby required to Issue forth his Warrant under his hand and Seal, directed to the Treasurer of the respective County where such Wolf or Wolves, Whelp or Whelps shall be killed, for the payment of Such Sum or Sums of money to such persom or persons who shall kill and destroy them, as by the same Justices shall be awarded, according to the respective Rewards herein before Specified; and Such Treasurer is hereby Required and Com- manded, to make Due and Immédiate payment of the Same, according to the Contents of such Warrant, & the true Intent & meaning of this Act. And be it further Enacted by the Authority aforesaid, That the Assessors and Collectors, for the Assessing and Collecting the Sum and Sums of money for the defraying the publick and necessary Charge in the Several Counties aforesaid, Respectively, shall yearly and every Year, Assess the Inhabitants of their respective Counties for the pay- ment of the Rewards aforesaid, and that Such their Assessments be Collected and paid into the Respective Treasurers of the said Countys, and that the Supervisors, or Such others as now are, or a.t anv time hereafter shall be appointed and Authorized to Supervise, Audit or allow of the Accot’s and pay-LAWS OF THE COLONY OF NEW YORK. 499 ments of the respective Treasurers, shall allow and Discharge Such Treasurers, upon tlieir Acco'ts for ail tlieir payaient s made pursuant to sucli Warrant or Warrants, as is above Set: fortli, any La.w, Custonn or ordinance to tlie Contrary hereof in any wise notwithstanding. And in regard the respec- tive Treasurers of the said Countys hâve not, or at présent may not hâve money in tlieir hands for Defraying and Satisfying the rewards by this Act allowed and Intended to* be given, Be it Enacted by the Authority aforesaid; That Immédiately after the publicacon hereof, in eacli of the said Countys, the several and respective persons, for the time being, wlio are appointed for the Assessing, Levying, Collecting and Receiving the publick and necessary Charge within the respective Countys aforesaid, shall in sucli manner as the publick nioneys hâve usually been heretofore Levyed, raise in each of tlie said Countys, over and above what is before menconed, the Sum of Thirty pounds Law- full money of this Colony, to be paid forthwith into the hands of the respective Treasurers of the said Countys, there to remain and be disposed of for the use aforesaid, and no other; And Also, That yearlv thereafter, in each of the said Countys, a Certain Sum of money, not Exceeding Thirty pounds, shall be in manner aforesaid, Assessed, raised Levyed and paid into there Respective Treasurers, there to remain and be ready for the paying, Satisfying and discharging the rewards herein before Exprest, and not otherwise. And for the further Encouragement of such persons who shall, destroy and Kill Wolves in the said Countys, and Securing the payment of the rewards hereinbefore menconed to be given unto them, Be it Enacted by the Authority aforesaid, That if any Justice of the reace, Treasurer, Assessor, Collecter, Supervisor, or Such other persons as now are, or at any tirne hereafter shall be appointed and Authorized to- Super- vise, Audit or allow of the Acco’ts and payments of the respec- tive Treasurers in tlie Countys aforesaid, shall neglect deny or refuse to do, perform and Exécuté the Several and respective Act s and Duties hereinbefore Directed, Comanded or required to be doue, performed or Executed, so» that thereby any person or persons, who shall kill and destroy any Wolf or Wolves their Whelp or Whelps in the said Counties, shall remain for the Space of one year unpaid, or not Rewarded, as is before men- coned, or whereby Such Treasurer upon his Acco’ts- shall rennain undischarged, every Such persons so neglecting deny- ing or refusing shall forfeit and pay to the partv thereby being greived, the Sum of five pounds Currant money of New york to be Reeovered by an Accon of Debt ih any of her Ma’tvs Courts within this Colony. Provided alwayes, That such Accon500 LAWS OF THE COLONY OF NEW YORK. be brouglit and Sued witkin one year and a, day after suck ofïence Comitted, and not otkerwise. And be it furtker Enacted by tke Autkority aforesaid, Tkat from and after tke publicacon of tkis Act, ail former Acts and Laws for giving any Reward for Bestroying of Wolves and Wkelps, skall from thencefortk stand Repealed, and be void. Provided Tkat wkatsoever person or persons is by tke said Acts or Laws Entituled to any Reward or Rewards for destroying of Wolves or tkeir Wkelps, skall not be barred or precluded from their Lawful dçmands, any tking kerein Contained notwithstanding. [CHAPTER 114.] [Chapter 114 ,of Livingston & Smitli and Van Schaack, where tlie title only is printed. Printed in full in Brinley’s Bradford, pp. 1S5, 218; Baskett, p. 53. Continued by chapter 157.] An Act for the better Setling tke Militia of tkis Province and makeing it more usefull for tke Security and Defence tkereof and for tke Repealing of ail former Acts lieretofore made in tkis Province Relating to tke Same. [Passed, November 27, 1702.] WHEREAS tke Security and préservation of tkis Province greatly dépends upon tke Militia being put into Such Metkods and under Suck Rules tkat it may make tke Same most usefull for tke Support and defence tkereof and tkat tke Inkabitants skould be well Armed and Train’d up in tke Art Militarv as well for tke konour and Service of lier most Sacred Ma’ty, as tke preservacon of tkeir own Lives and Fortunes. Be it Enacted and Ordained by the Gov'r Council and Représentatives, and it is Eerebv Enacted and ordained by the Autkority of the Same. Tkat no person wkatsoever from Sixteen to Sixty veares of Age remain unlisted by themselves tkeir Parents Masters Mistresses or Imployers under the Captain of their Respective places of Abode in foote or horse tke Space of one Calender montk after their attaining tke said Age of Sixteen Yeares, or after their Arrivait or Corning to résidé or Sojourn in any place witkin tkis Province on penalty of Twenty shillings and So for every montk Suck person after notice thereof given skall remain unlisted. And tkat every foot Souldier be provided witk a well fixed Musquet or tfusee, or if tke officer So appoint witk a good Tike and Sword or Lance and Pistoll, eack Musqueteer Six Charges of Powder and one Cartouch Box and so shall appear when and where required upon penalty of five shillings for kis default in not appearing and tkree shillings for want of eack Charge ofLAWS OF THE COLOXY OF NEW YORK. 501 Powder, Gun, Pike, Sword, Pistoïï, or Cartoucli Box, So as tke wkoll jienalty for any j>erson at any finie exceed not Twenty shillings. And tkat every Souldier belonging to tke Horse skall wken and wkere Commanded, appear and be provided witk a good Serviceable Horse of kis own, Covered witk a good Saddle with Holsters Breastplate and Crupper, & a Case of good Pistolls, Hanger Sword or Rapier and kalf a pound of Powder witk Twelve Serviceable Bullets on penalty of Ten shillings for eack finies absence and ten shillings for default of tke particulars aboyé menconed So as tke wkoll penalty for one finie exeeed not fifteen shillings. And tkat every foot Souldier skall kave at kis Habitacon or abode one pound of good Powder and tkree pounds of Sizable Bullets, and every Trooper skall kave at kis usuall place of abode a well fixed Carbine, witk Belt and Swivell, and two pounds of fine powder witk Six pounds of Sizeable Bullets on penalty of ten shillings for every Default, and tliat eack of tkem skall bring tke Saine into tke lïeild wken Commanded upon penalty of answering tke Same at a Court Marshall. And for tke Supplv of tke Trooiis of Horse in tke Citys of New york and Albany and County of Pister It skall be in tke power of tke Colonell or otker Cheif Ofiicer of tke City of New york, County of Albany and County of Pister for tke finie being wkenever any of tke said Troops skall not Compleat the number of fûfty, to présent Double tke number instead of Suck as are dead removed or wanting out of tke principall Inkabitants and Gentlemen of tke respective Cities and Counties aforesaid unto tke Gov?r for tke time being, wlio from finie to finie may list and Order So many of tkem.to bee of tke said respective Troops, as may Compleat tke number of ffifty for lier Ma'tys Service and the Security of this Province, And any person & persons so presented to the Gov’r for the time being & by liim Listed and ordered to be of the said respective Troops skal be and are hereby Obliged to Serve in tke said respective Troops upon tke penalty of five pounds And it is further Enacted by the authority aforesaid, Tliat no person So Listed as aforesaid, shall départ tkence, witkout a Dis- charge from tke Commander of tke Company or Troop where Listed on penalty of fforty shillings, and tkat no Commander of any Company or Troop skall refuse when Desired to give a Dis- charge in Writing to anv tkat has removed his abode eut pf tke precincts or Province under tke penalty of five pounds. And whereas at the Citys of Kew york and Albany and at the Town of Ivings Town in tke County of Pister Guardes and Watches are every nigkt Set and appointed, Be it tkerefore Enacted and Ordained by tke Authority aforesaid Tkat it skall502 LAWS OF THE COLONY OF KEW YORK. and may be Lawfull for any person or perdons Listed in tlie Militia Régiments of tlie City s of Newyork and Albany or in any tlie Militia Oompanys in tlie Town of Kingston in the County of Ulster (Except on Exterordinary Occasions) to put a well armed man in their Boom who if approved of by tlie Captain of tbe Guard sliall excuse liis or tlieir absence Provided alwayes that tbe Commission officers and Serjeants of tlie respective Com- panies in the City s of Yewyork and Albany and in the Town of Kingston in the County of Ulster be Obliged in tlieir Respective Tunis to rnount the Guard in tlieir proper persons and that no person shall refuse to be a Serjeaiit Corpora.il or Druminer in the Company wherein he is listed under the penalty of fforty shillings. And be it further Enacted and Ordained by the Authority aforesaid That ail Captains of Companies of ffoot or Troops of Horse sliall within Twelve months from and after the publicacon of this Act provide for their Companies and Troops Drums and Colours, Trumpets and Trumpeters and Banners at the proper Charge of the respective, officers Troops and Companies under the penalty of Tenn pounds and So for every four months such Commanders shall rem-aine unprovided, And that ail the Colonells of the respective Régiments or next Cheif Officers in their absence shall once every year at least issue out their war- rant to their Inferior Officers Commanding them to make deligent Search and Inquiry in their Severall precincts, that ail be duely listed Armed and Equipped And to return to them such Defects as shall be found to the end the snme may be Reformed on penalty of Twenty pounds and that once every three Months. or oftener as Occasion shall require and Comand be given by the Captain Generall or Conia.nder in Cheif for the time being the severall Companies and Troops in each *Regiment shall meet at the next and most Convenient places to be appointed by the respective Officers to be then and there by them Mustered and Exercised. And it is further Enacted and Ordained by the authority aforesaid, That during the time the said Officers and Souldiers are in A rnis thev shall Observe ;and keep ail and every of the Laws and Articles of Warr and give ail due Obedience to their Buperior Officers which Laws and Articles the Captain Generall or Comander in Cheif with advice of a Generall Council of Warr, is to make and Establish, and the Comanders of the Severall Régiments to give out Copies of the said Articles unto the respective Officers, that the same may be publickelv read once every three months unto the Souldiers whilst they are in Arms that ail persons may the better know and Observe their Duties.LAWS OF THE COLOYY OF NEW YORK. 503 And if it shall liappen that any of the Offieers or Souldiers shall when they are out of Amis endeavour to tnke Revenge by force, for anv thing liis or tlieir Superior Offieers la.wfully did in pursuance of his or tlieir Dnty and this Act, The Said Offieers and Souldiers shal-be brought to a Court Martiall and tliere pun- ished as if tlie Offenee liad been doue in time of Service or Exer- cise; provided that the said punishment do not Extend to Life or Limb. And be it further Enacted by the Authority aforesaid, That once every year or oftener if thereunto Comanded, each particular Captain shall give to his tfeild officer and the feild Officer to the Captain Generall or Comander in Cheif for the time being, fair written Rolls of their Respective Companies and Régiments, And if any fïeild Officer Captain or other Inferior Officer shall neglect or Contemn performing the Lawfull Comands of the respective Superior offieers he or they shall be punished by fine Casheering or other punishment according to the discrétion of a Court Martiall wliich the Captaine Generall or Comander in Cheif is to appoint and Establish, And the orders of the said Court Martiall are hereby Declared to be binding in ail military affaires. And if any person upon any Invasion or other publick Military Service be wounded or disabled he shall be cured and Maintained out of the publick Revenue. And if any person whatsoever shall be Sued molested or Impleaded for anything Lawfully Comanded in the Execucon and pursuance of this présent Act he shall plead the Generall Issue, and give this Act in Evidence and shall thereupon if found for him Recover treble Costs of Suite. Provided alwayes and it is hereby Enacted and declared by the Authority aforesaid That the Severall fines and forfeitures men- coned in this Act shall be recovered and disposed of as followeth Vizt That ail Such as do relate to any person under the Degree of a Captain shall be adjudged by, and be to the respective Captains to defray the Charges of their Companies or Troops and to be Levied before the next exercising day by distresse and Sale of the offendors goods by the Captains Warrant to the Serjeant or Corporall and if no Distress be found the punishm’t to be by riding the wooden horse or being Tyed Neck & Heels not Exceeding one hour at the Discrétion of their Offieers, But if the offender be a Servant the owners goods shal-be Lyable to the Distresses and Sales as aforesaid, So that Sat.tisfa.con may be made, And if anv Such Serjeant or Corporall so as aforesaid appointed by his Captain shall refuse to Exécuté such Warrant to him granted, Such Serjeant or Corporall shall forfeit for every504 LAWS OF THE COLON Y OF NEW YOEK. Sucli Offence for tke uses aforementioned tke Sunie of fforty shillings to be levied by Distresse as is aforesaid by such otker Serjeant or Corporall by the like Warrant under tke kand and Seale of tke Captain as is before in tkis Act Expressed And for ail otker penalties mentioned in tkis Act tke Sanie to be levied by Distresse and Sale of tke Offenders goods and Chattles by the Provoost Marshall by Warrant from ye Captain Generall or Comander in Clieif or tke Ckeif ffeild Officer wliere«suck Offendors are, one lialf tliereof skall be to tke Captain Generall and tke otker lialf to tke Said ffeild Officers of that Eegiment wkere tke Offence is Comitted. And if the fines that do relate to any person under tke Degree of a Captain skall not aniount to a Suni Suf- firent to defray tke Charge of tke Captains Companies or Troops that tlien tke over plus wanting to be Levied upon the Severall Souldiers equally by Warrant or order of tke Colonell or Ckeif Officer of tke Eegiment Troops or Companies. And be it further Enacted by tke Autkority aforesaid That it skall & may be Lawfull for any Comission*ofïïcer belonging to tke Eegiment of tke City s of Newyork and Albany or to any tke Com- panies in the Town of Kingston in tke County of Ulster under tke Degree of a Captain in tke absence of tke said Captain to grant Warrants of Distresse against any person wkatsoever that skall absent tkemselves from their Duty on tke Night Guards, without Sending a Sufficient person to Serve and watck in their Stead wkich said Warrants So granted skall be as Effectuall to ail Intents and pur poses whatsoever as if tkey or any of tkem kad been Granted by the Captains tkemselves. And be it further Enacted by the authority aforesaid That ail persons so listed as aforesaid skall readilv attend their Duty, and Serve on tke Watches when thereunto appointed by their Officer or Offieers under tke penalty of Six Shillings for eack default to be levied by Distresse as is aforesaid. And it is also further Enacted by tke Autkority aforesaid That no person wkatsoever présumé to fire any Small Arms after eight of tke Clock at night unlesse in Case of an Alarm Insurrection or any otker Lawfull occasion And in eitker of tke said Cases four Musquets or Small Arms distinctly fired, or wkere Great Guns are tke firing of one great Gunn and two Musquets or Small Arms Distinctly and beating of a Drum skall be taken for an Alarm. And every person that skall neglect kis Duty in taking and giving forward an Alarm by firing as aforesaid or skall be guilty of firing any Small Arms after Eight of tke Clock at night unless as aforesaid shall be fined or otherwise punished at tke discrétion of a Court Martial 1 not Extending to Life or Limb. And in Case of Suck Alarm every Souldier is ImmediatelyLAWS OF THE COLONY OF NEW YORK. 505 to Repair Armed to his Colours or Court of Guard upon the penalty of five pounds. And for the better prévention of false Alarms no Captain Master or Comander of any Sliip or Yessel riding at Anchor in any the Harbours Ports or Bayes within tliis Province or any other person tire any Gun or beat any Druni after Eight of the Clock at night under the penalty of four pounds for every Gun So fired or Druni beaten to be levied by Warrant from the Cheif Ofïïcer not under the Degree of a Captain (who is hereby Inipowered to administer an Oath & gve Judgment thereupon) by Distresse and Sale of the Offendors goods, and for want of such Distresse the said Cheif Officer is Inipowered to Coniit such Offendors to the Goale tliere to remaine untill payment to be onade of *the saine, And that in Case the said Cheif Officer shall not perforai liis Dutv therein lie shall forfeit Ten pounds to be Levied by Warrant from the Captain Generall or Comander in Cheif for the time being provided alwayes That this Clause shall in no ways Concern or Extend to any Captain or other officer of any of lier Ma’ties Sliips of Warr, for their flring at Setting the Watch. PROVIDED alwayes and it is hereby further Enacted and declared by the Autliority aforesaid That ail Trumpeters and Dru mm ers lately in Service that shall by the Severall Captains be put into that Service Dureing the Captains pleasure shall serve upon the Sallary of fforty shillings P Ann for a Trumpeter and Twenty shillings P Ann for a Drummer finding their Trumpet and Drum and Twenty shillings for a Trumpeter and tenn shillings for a Drumer if the Captain find tliern upon penalty of fforty shillings. And be it further Enacted by the Autliority aforesaid that ail Captains of the Companies in the Severall Towns within this Province do take due care to List ail youth as thev shall corne to the Age of Sixteen Years, A’nd if any debate shall arrise Con- cerning the Age of any such Youth the sanie shall be determined by the Oath of their Parents or any other Crédible person taken before Some Justice of the Peace who are hereby Required and Inipowered to Administer the Sanie in the words following Vizt I A. B. do Swear upon the Holy Evangelists of Almighty God that C: D: the Son of E. F. Listed in .................. Companys is...............years old, and no older So help me God. which Oath being Certified by the said Justice to the Captain of the Said Militia Troop or Company where the said person is Listed, and it appearing upon Oath that Such person is not of the Age of Sixteen Years lie shall be dismissed untill such time as he attain to that Age. 64506 LAAYS OF THE COLONY OF NEW YORK. PROYIDED alwayes and it is hereby further Enacted and Declared Tliat àll tlie members of ber Ma’tys Council, Justices of.the Pea.ce higli Sherrifïs Coroners and ail other Officers of Courts Ministers Scliool Masters Pliisitians and Chyurgeons sbalbe free from being Liisted in any Troop or Company witbin this l>rovince any thing Contained herein to tlie Contrary in any wise notwithstanding. PROYIDED alwayes and be it furtlier Enacted and declared by the Authority aforesaid. Tliat. nothing in this xVct Conteined be Expounded Construed or understood to diminish al ter or abridge the power of tlie Oaptain Generall or Coniander in Cheif for the time being, but tliat in ail things and upon ail occasions he may Act as fully & freely as Captain Generall or Coniander in Cheif to ail intents and purposes as. if this Act had never been made any thing in tliis Act to the Contrary notwithstanding. And be it further Enacted by the Authority aforesaid that ail and every Act and Acts lieretofore made for setling the Militia of tliis Colony or any ways rolating thereunto* be and are hereby for ever Repealed Reversed vacated and become null void and of none Effect. And the Said Acts and ail Articles and Clauses therein mentioned are hereby declared to< be for ever Repealed Rerersed vacated and become Xull Yoid and of none Effect to ail Intents Constructions and purposes whatsoever as if the sanie had never been made and Enacted any thing to the Contrary notwithstanding. PROYIDED also and be it further Enacted by the Authority aforesaid That this Act nor any Article or Clause therein Con- teined shall be Construed or taken to allow or give Liberty unto any Yegro, or to any Indian Slave or Servant to be Listed or to do any Duty in the Militia of this Province PROYIDED alwayes That no person or persons whatsoever shall be Sued prosecuted or his goods & Chattles lyable to* any Levy or Seizure by Yirtue of anv Clause in this Act before menconed but within the Space of three Calendar months after the Comit- ting the respective facts hereby made Offences & not at any time after the said three months. And be it further Enacted by the Authority aforesaid. That when ever it shall so happen That mony shall be raised by Act of Generall Assembly of this Colony for the raising and paying of men for the defence of the ffron- tieers, the Severall and respective Captain s or other Officers Comanding the Companies respectively for the time being shall and may bv Yirtue of this Act appoint or detach Su ch and So many of the respective Company s as shall be required for that Service by the Oapt Generall or other Superior Officers by leav- ing a Note in writing at their respective Houses or last placeLAWS OF THE COLOXY OF XEW YORK. 507 of abode Signifying wlien & where they shall appear ten dayes Inclusive, before the day of Such appearance, & if any person or persons for whome Such note sliall be left as aforesaid, shall not appear at the time and place appointed and perforai the ■service required of him he or they shall forfeit the Sum of Six pounds to be recovered by tlie Respective Cap-tains or other Officers in the respective Courts of Comon Pleas of Such County or Place where Such offence shall be Comitted or olïender shall be found by Accon of Debt Bill plaint or Informaeon in w’cli no protection Essoin Emparilance or Wager of Law shall be allôwed, wliicli forfeiture of Six pounds sliall be applyed and given to the use of Such person or persons who shall be Suminoned to appear & Serve in the Room of such olïender makeing default of appear- ance as aforesaid. Provided also, Tliat this Act sliall Continue and be of force for and during the time and Space of two yeares from the pub- lication hereof and not longer. [CHAPTER 115.] [Chapter 115, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford. pp. 194, 227. Title only is printed in Baskett, p. 62. Expired, November 12, 1704.] An Act for the better Support and Maintenance of the Poor in the City of Xew York for the future. [Passed, November 27, 1702.] WHEREAS the Mayor, Aldermen and Comon Council of the City of Xew York, hâve Represented unto the General Assembly of this Province, tliat in the laie Calamitous Distemper, which it please Almighty God to afflict the Inhabitants of the said City, the number and necessitys of the Poor were much increased; And the Sum of Money raised for the nia interna n ce of the Poor in the said City, was farr short of giving tliem a necessary Support in this Emergencey, for Remedy whereof and for the better Support and mainteinanee, for the future. Be it Enacted by his Excelleney the Governour and Council and Représenta- tives Conven’d in General Assembly, and by Autkority of the Sanie, That hence forth it shall and may be Lawfull for Such persons as are Impowered to Raise and provide for the Main- tenance of the Minister and the poor of the Said City, Annually in the Montli of January, upon any Such Emergency, or whenso- ever a necessary Support or Supply for mainteinanee of the Poor of the said City, shall be wanted, at any other time, tliro’ out the wholl year to Assemble and meet together, and make508 LAWS OF ÏHE COLONY OF NEW YORK. Su ch furtker necessary requisite supply by a Tax upon tke Inkabitants of the said City, for tke use of the Poor, as they shall Judge Sutiicient not Exceeding three hundred pounds mony of this Colony for one year to be Levyed, Assessed, Col- leeted and paid by Sucli persons, & in Such manner, and under like penaltyes respectively, as are provided in tke Act of Assem- bly of tkis Province, Entituled, An Act for Settling a Ministry and raising a mainteinance for tlieni in tke c-ity of New york &c made in tke fourth Year of King William and Queen Mary, any tking in tke said Act, or any otker to tke Contrary tkereof in any ways notwitlistanding. Provided, Tkat tkis Act, nor anytking tlierein Contained, skall be of force any Longer tkan for tke Space and tinie of two years front tke publisking kereof. [CHAPTER 116.] [Cliapter 110, of Livingston & Smith and Van Sckaaek, wkere the title only is printed. Printed in full in Brinley's Bradford, pp. ISO, 213. Title only is printed in Baskett, p. 61. Baskett States tliat this act was con- firmed by the Queen, MaTch 20, 1702.] An Act for granting unto her Ma’ty the Sum of Two Tliousand pounds to be apply'd (witk ker Ma'ties good pleasure) to tke uses in tkis Act menconed [Passed, November 27, 1702.] May it please your most Excellent Ma'tv, we tke Représenta- tives of your Matys Colony of New York in America, Conven'd in Generall Assemble out of a Quick and lively Sence of our late Deliverance, by tke kappy and most Seasonable Arrivall of kis Excelleny my Lord Yiscount Cornbury your Ma'tys présent Governour of tkis Colony, amongst us, And of tke Sattisfaction peace and Sécurité wliicli ail your Ma’ties Loyall and good Sub- jects tkiW ont llie Same Colony, hâve and enjoy by kis Excel- lencys most. equall, Just, and wise Administration towards us, cannot Conceale our Gratefull resentments thereof ; witkout Some Small Expressions of tke Same Such as we are able to make, botk to your Ma’ty and to liim for So< great and good a benefit. And because words alone are not Suffi oient for that Duty, as a fartlier testimony of our Sincerety and keartiness tlierein and of tliat Constant and Steady Lovalty and Dutifull affections which we do, & skall ever beare unto your Ma'tys Roy ail persou and Go verni en t here, at home, & tliro’out vour Regall Dominions We most humbly beseeck your Sacred Ma’ty tliat you would be Graciously pleased to accept of tke Sum of Two ThousandLAWS OF THE COLONY OF NEW YORK. 509 pounds Currant monys of tbis Colony. And \ve do hereby Grive and Grant unto Your Ma’ty the S uni of Two thousand pounds Current monys of tliis Colony to be Assessed Levyed and Collected, as hereinafter is direeted & appointed the which monys when Collected and Received, We furtlier most humbly beseech your ma'ty may by your Ma'ties permission, be given and disposed of to bis Said Excel Edward Lord Vin- cent Cornbury your Ma'tys Oaptain Generall and Gover- nour and Comander in Clieif of tbis your Ma’ty» Colony of New York and Territorys and Tracts of Land Depend- ing thereon in America, and Vice Admirall of tbe Sanie and for want of your Ma’ties permission tberein tbat tbe said Sum of Two thousand pounds may be applyed to tbe Defence of tbe Country. And tbat it may be lierein and hereby Enacted Accordingly Be it therefore Enacted by bis Excel tbe Governor, Councill and Représentatives Conven’d in Generall Assembly, and by tbe Autliority of tbe Same. Tbat. tbe Suxn of Two tliousand pounds Current monys of tbis Colony by ber Ma’ty s permission to be given and disposed of to his said Excel Edward Lord Viseount Cornbury bis Executors or Assignes and for want of ber Ma’tys permission therein tbe said Sum of Two thousand pounds to be apply’d to tbe Defence of the County be laid Assessed Levyed and raised upon tbe ffreebolders Inliabitants and Residents within tbe Severall respective Counties tliro’ ont tbis Colony as well Sojourners as others, according to the Severall Rates, Pro- portions, and Quotas following to be charged on eacb County, Tbat is to say on tbe City and County of Newvork ffour bundred twenty three pounds for Ivings County two bundred Ninetv Six pounds, for Queens County Three hundred and Seaventy pounds, for tbe County of Suffolk Three bundred and Seaventy pounds for the County of Richmond Yinetv pounds, for tbe County of West Cbester, One bundred twenty four pounds for tbe City and County of Albanv One bundred and Twenty pounds for tlie County of Lister One bundred forty four pounds for tbe County of Orange forty five pounds and for Dutcbesse County Eigbteen pounds. Tbe which Sum of Two tbousand pounds Current mony aforesaid shall be raised, Assessed, Collected, Levyed and paid unto her Ma'tys Collector or Receiver Generall of tbis Colony or to ber Ma’tys Commissioners for Executing tbat Office, for tbe the time being, at tbe Custome house at Xew york on or before tbe last dav of May next and tbe last day of Yovember which shall be in tlie year of our Lord One thousand Seaven hundred and three, And for the better more due, and Orderlv, Assessing Rateing Levying and Collecting tbe said Sum of Two tbousand pounds. Be it furtber Enacted by tbe Authority aforesaid, Tbat510 JAWS OF THE COLONY OF NEW YORK. tlie May’r and Aldermen of tlie City of New york, In that City, tlie May’r and Aldermen of tlie City of Albany In that City, and tlie Justices of the Feace in tlie Severall and respective Counties aforesaid, whereof they are respectively Justices of tbe peace Ho within forty dayes after the publicacon of this Act, Assemble and meet togethe» at tlie Severall and respective Town halls or Houses, for the said Cities, and at the Severall and respective Cooirt Houses for the said Counties, or at Such othjer place or places, within the Cities and Counties aforesaid, as they the said May’rs and Aldennen and Justices of the Peace shall respectively amongst themselves agréé upon, limit, and appoint and then and there shall Direct and order the Assessors and Collectors of the Severall Cities of New york and Albany and the Assessors and Collectors of the Severall Towns Mannors and Liberties within the Severall and respective Counties aforesaid respectively to Assess Collect and Receive the Severall Sum or Sums of Mony herein before before menconed to be the respective Quota’s and proporcons of each respective City and County aforesaid, as to the said respective Mayors Aldermen and Justices of the peace respectively sliall seem meet and reasonable. And whereas there are Severall Towns Mannors Liberties and Jurisdiccons within the respective Counties aforesaid wThich do no Annually Elect Assessors and Collectors for the said Towns, Mannors, Liberties, and Jurisdiccons for want whereof the Intent of this Act may be much frustrate and disappointed. Be it therefore further Enacted that if any Town Mannor Liberty or Jurisdiccon aforesaid sliall want and be without Assessors ait the time when this Act cornes to* be put in Execucon that then and in Such Case it shall and may be Lawfull to and for the Justices of the Peace of the respective County or Counties in w’ch the said Towns, Mannors, Liberties or Jurisdiccons Soi wanting Assessors and Collectors as aforesaid sliall be, or any two of them (when the said Justices meet and Assemblv together for that purpose) to Nominate and appoint Assessors and Collectors for the Same Townes, Mannors, Liberties and Jurisdiccons, respectively to Observe and Exécuté the Direccons of this Act therein. And be it further Enacted that the said May’r and Aldermen of the said City of New York, the May’r and Aldermen of the City of Albany, and tlie Raid Justices of the Peace for the respective Counties aforesaid hâve and shall hâve by force and Virtue of tliis Act, full power and Authority Severally and respectively to Administer an Oath to ail and every the Assessor and Assessors aforesaid in manner following Vizt. that lie or they Shall well and truelv Exécuté and performe the said Office of Assessor and truelv, equally, Impartially, and in Due proporconLAWS OF THE COLOXY OF XEW YORK. 511 Assess and rate tlie Estâtes of tlie ffreekolders, Inkabitants, Residents and Sojourners of tlie Severall & respective places for wliick they sliall be, Assessors According totkebestof tkeirSkill, and that tlierein tliey sliall Spare no person for favour or affec- tion or greive any one for liatred or ill will And tbe said Assessors and every of tliem respectively are lierebv required within tlie time and Space of forty days to make tlieir Severall and respective Assessinents aforesaid and also within tbe time and Space of tenn dayes after tbat to make out true and perfect Copys of tbe Assessiments So to be made by tbem as aforesaid and to deliver tbe Sanie in writeing subscribed witb tbeir respective names to tbe said respective MayTs and Aldemien of tbe Said Cities and to tbe respective Justices of tbe Peace of tbe Said Counties or to tbe respective Town Clerks of tbe Said Cities, and respective Clerks of tbe Peace of tbe said Severall Counties afore- said, And tbe said respective Hayors, Aldermen, and Justices of tbe Peace of tbe respective Cities and Counties aforesaid, or any two or more of tbem respectively witbin tbe time and Space of Tenn days next after tbe said Coppys of tbe Assessinents afore- said shalbe Delivered to them, are lierebv ordered and required to Cause tbe said Severall and respective Coppys of tbe Assess- ments aforesaid to be fairely transcribed and written over and to Signe and Seal Duplicates tbereof, and Deliver tbe Same or Cause tbem to be delivered witbin tbe time aforesaid unto tbe respective Collectors witbin tlie said Severall Cities, Counties, Towns, Mannors, Liberties, & Jurisdiccons aforesaid. And to tbe respective Towne Clerk of tbe said Cities and tlie respective Clerks of tbe peace of eacb respctive County aforesaid tbere to be respectively filed by eacb respective Town Clerk and Clerk of tbe peace aforesaid, and remaine upon Record tlie wbicb Town Clerk and Clerks of tbe peace, and every of tliem are hereby ordered and Directed to transmit tbe Severall & respective Sum and Sums of rnonv which Shall be so Assessed as aforesaid upon Eacb respective Ward and place witbin tbe said Cities and upon eacb respective Towne, Mannor, Liberty place and Jurisdiction witbin tbe respective Counties aforesaid unto herMa’tvs Collecter and Receiver Generall at- the City of Xew york aforesaid or to ber Ma’tvs Commissioners therefore Executing the said Office for tbe time being within tenn dayes next after their respective receipts of tbe Duplicates aforesaid under the pain and penalty of five pounds Current mony of Xew york, to be lost and forfeited by every Town Clerk, and Clerk of tbe peace aforesaid makeing default therein and not transmitting tbe said Sum and Sums of mony Assessed as aforesaid in manner aforesaid. And be it further Enacted by the Authority aforesaid tbat if any tbe Assessor or Assessors to be appointed as aforesaid512 LAWS OF THE COLONY OF NEW YORK. shall deny neglect or delay to make Assessment as aforesaid, or shall do tlie Same partially and unequally, or if any the Col- lecter or Collectors aforesaid Shall deny neglect or Delay te Collect, receive and gather in any Sum and S unis of mony So to be Assessed, Taxed, and Rated as aforesaid Oontrary to the Intent and true meaning of this A et, that then and in Such Case it shall and may be Lawfull to and for the said Mayors and Aldermen of the said Cities and to and for the Said Justices of the Peace of the said Oounties, where such ofîender or Offen- ders shall dwell or résidé, or any two of them respectively by Warrant under their hands and Seal es to Comit Such Assessor or Assessiors Collecter or Collectors, so- offending as aforesaid to the Comon Goale of the Said respective Cities or Oounties thereto remaine without Bail or mainprize till he or they shall respec- tively make fine and Ransome to her Ma’ty for Such their Con- tempt and Ofience aforesaid. And upon every Such Comitment the said May’rs and Aldermen of the said Cities, And the said Justioes of the peace of the said Counties respectively are hereby required Speedily to nominale and appoint other Assessors or Collectors as the Case requires in the place and Stead of those which shall be soi Comitted as aforesaid. And be it further Enacted by the Authority aforesaid that if any person or persons shall refuse or neglect to pay the Severall and respective Rates or Sûmes of mony Taxed and Assessed upon them by Vertue of this Act for or in respect of his, her, or their Goods, Chattles Lands Tene- ments or other matter Cause- or thing whatsoever, by the Space of Tenn dayes after demand tbereof made by the proper Ofiicer or Collecter of the Sanie It shall and may be Lawfull to and for every Such proper Ofiicer and Collecter by Warrant under the hands & Seales of two Justices of the peace of the respective City, Countv, Towne or place where Such neglect or refusall of pay- ment shall be, to, Levy the said Rates and Sums of mony afore- said by dis'tress and Sale of the person or persons goods and Chattles, so refuseing or neglecting to pav the Same as aforesaid And for wrant of buyers of the said goods and Chattles so dis- trained in the City, County, Towne, or place where the said Dis- tress shall be made to take drive, or Carry away the Same into any other City, County, Towne or place within the Colony afore- said for the Sale thereof, And if an overplus happen to be coming by the said Sale over and above the said Rates and Sums of Mony for which Such Distress shall be made, the Same to be Immediatelv paid and returned to the owner thereof the Charges of such Distress driveing or Carrying awav the Same, onely being out of Such overplus first had and deducted.LAWS OF THE COLOJST OF NEW YORK. 513 And be it further Enacted by the Authority aforesaid, That if any May’r Alderman or Justice of tbe Peace within Jhis Colony, who is or are hereby Authorized Impower’d and requir’d to take Effectuai care that this Act and a,ll and every Clause, Article, and thing therein Conteined be duely put in Execucon according to tbe true Intent and meaning tbereof shall make Deafult tberein, & not duely and truely perfonne and Exécuté tbe same in every respect as by tbe said Act is required of tbem, and sball tbereof be Convicted before ber Ma’tys Justices in any ber Ma’tys Courts of Records within this Colony he or tbey so makeing Default as aforesaid shall Suffer Such pain by fine (and Imprisom’t till tbe Same be paid) as, by tbe Discrétion of the said Justices of ber Ma’ties said Courts of Record respectively wliere sucb Conviction sball be. And be it furtber Enacted by tbe Authority aforesaid. That if any Action, Bill plaint or Information sball be brought moved or prosecuted at any time bereafter against any personi or persons whatsoever, for any Matter Clause, or thing whatsoever, done or Acted in pursuance or Execucon of this Act Sucb person or persons so Sued or prosecuted in wbat Court Soever Sucb Suit or prosecucon sball be Commenced or followed sball and may plead the Cenerall Issue not Guilty, and give this Act, and tbe Speciall matter in evidenoe, And if the plantiff or prosecutor sball be nonsuited, or forbear further prosecution or Suffer discontinuance or Yirdict to passe against him, the Défendant or Defendts shall recover treble Costs for w’ch tbey shall bave the like Remedy as in Cases where Costs by the Law are given to Défendants Provided alwayes that no Mayor Alderman or Justice of tbe peace aforesaid sball be Sued, prosecuted,, or molested for any Omisr sion Offence or neglect by him or tbem. Comitted Contrary to and against tbe tenour of this Act, but within tbe Space and Compassé of one year next after Sucli Omission Offence or neglect Comitted, and not otherwise any thing herein Conteined to tbe Contrary tbereof notwitbstanding. [CHAPTER 117.] [No law is printed under this chapter number. Livingston & Smith, print the title of the same act twice as chapter 117, and chapter 127, and as having been passed on November 25, and November 27th. The Minutes of the Council, for November 25th, show that. the act here printed, as chapter 127, was advanced to third reading on that date. (See Joumals of Legislative Council, p. 186.) The same act was signed by the Govemor, November 27, 1702. The chapter number is inserted here in order to preserve the continuity of numbering.] 65514 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 118.] [Chapter 118, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 193, 226. Expired November 25, 1704.] An Act to Enable the Mayor, Aldermen and Comonality of the City of New York, for the tinie being, to rai se Money upon the ffree-holders and Inhabitants thereof, for defraying their publick and necessary Charges Annually. [Passed, November 27, 1702.] WHEREAS the publick Rents, Revenues and yearly Incomes of the City of Newyork, are at présent So Small, that they are not Sufficient for defraying of the publick necessary Charges thereof: To the end therefore that the said City may be Enabled, for the future, to pay their Just Debts, the Sallaryes of their Représentatives in General Assembly, the Sallary or allowances for raising of publick Taxes, the Charges of Watching and Warding, and of Military Guards (when the Sanie are required by the Captain General) the Charges of making Goales Sufficient, Cage, Whipping-Post and Pillory, the Charges of Maintainance of and Execucon of poor ffellons, of Coroners Inquests, and burying of the poor Corning by Casual Deaths, and other publick and necessary Charges. Be it Enaeted by his Excel the Gov’r and Council, and Représentatives Convened in General Assembly, and by the Authority of the Sanie. That it shall and may be Lawful for the Mayor Aldermen and Comonalty of the said City, for the time being, in Co-mon Council met and assembled, or Such number of them as do make up a ComonCouncil, once in every year, or oftener if there be occasion, at Such time as thev shall think fit, to order the raising Such Sum and Sums of money by a Tax upon the ffreeholders and Inhabitants of the said City, as they or the Màj’r part of them shall agréé to be necessary, for defraying the said publick Charges happening in that Year pursuant to which order, the Mayor of the said City, for the time being, shall forth- with thereupon Issue forth his Warrants to the Assessors and Collectors of each Ward respectively, for the time being, requiring them to make Such Assessment and Collection, and to pay the Same into the Treasurer of the said City, for the time being, in Such Convenient times respectively for the Assessment and pay- ment thereof, as shalbe agreed upon by the said Mavor, Aldermen and Comon Council, or the Major part of them.: which Sum or Sums of money, shall by the said Treasurer be paid to the uses aforesaid, and Accounted for in such Method and forme asLAWS OF THE COLONY OF NEW YORK. 515 other publick moneys, in the hands of former Treasurers of tbe said City. Proyided alwayes, That the Sum or Sums Levyed by this Act shall not Exceed the Sum of Three hundred pounds for one year; and that this Act shall Continue in force for the Space of two years, and no Longer, any thing before in this Act to the Con- trary hereof in any wayes notwithstanding. [CHAPTER 119.] [Chapter 119, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 195, 228. Title only is printed in Baskett, p. 62. Expired November 27, 1705.] An Act to Enable the Citty of New-York to Supply the Vacancy of such publique Elective Magistrates & Officers as ma,y Dye, Remove, or otherwise be incapacitated to serve, before the time of the Annual Election.! pPassed, November 27, 1702.] , Whereas it hath been often found very hurtful and préjudiciai to the City of New York and obstructive to the affaires and goverment thereof, that upon the death, removal or other dis- ability of any Elective Magistrale or officer of the said City, there is not sufficient power and authority in the said City or any the Members thereof, to fill up the room or place of the Magistrate or officer so dying, or being Disabled, with some other fitt and honest person, until the annuall day of Election of Magistrates & officers for the City aforesaid, cornes about by reason the Charter of the s’d City appointing the same is short and Defective therein: ffor Supply and amendment whereof. Be it Enacted by his Excell: the Gouvemour & Councill, and Représentatives, Conven’d in Genép Assembly, and by authority of the same, That hereafter upon the Death, Removall out of the said City or other Disability happening to anv Magistrates or other publique Elective Officers of the Citty of New York, it shall and may be Lawfull for the Mayor, Aldermen, and Assist- ants, or such number of them as doth make a Comon Council, to Order and appoint such Convenient time as they shall think proper thro?out the whole year for the ffreemen and Inhabitants of the said Citty in such respective ward or wards where such vacancy shall happen, as aforesaid, to meet together and make Election of others to supply his or their room, untill the usual time of the Annual, Election appointed by their Charter, which ffreemen and Inhabitants are hereby Impowered to make such Election in Manner and form as is used in the Amniversary Elec-516 LAWS OF THE COLONY OF NEW YORK. tion, and w’ch, Magistrates and Officers, So Chosen and Elected shall be sworn, and bave power to* Exécuté their respective offices, as fully and in like manner as if they had been Elected and sworn att the Said Anniversary Election, any thing in the Said Charter, or any Law or Usage to the Contrary hereof in the said Citty, in any way notwithstanding. Provided alwayes, That this Act Shall only be of fforce for the time of three yeares From the publication thereof and no longer. [CHAPTER 120.] [Chapter 120, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 198, 226. Title only is printed in Baskett, p. 62. Baskett States that the act was 'conhrmed,\but does not give date. Expired November 27, 1709.] An Act for Encouragement of A Grammer Free School in the City of New-York. [Passed, November 27, 1702.] /The Mayor, Aldennen and Comonalty of the City of Newyork having Represented unto the General Assembly of this Province the great Necessity there is of having a Free-School in the said City, for the Educacon and Instruction of Youth and Male Children; That Such Pions & necessary work may receive due encouragement, Be it Enacted by his Excellency the Governour and Council, and Représentatives Conven’d in General Assembly, and by Authority of the Same, that there shall be hereafter Elected, Chosen, Lycensed, Authorized and appointed one able Skilfull and Orthodox person to be School-Master, for the Educa- tion and Instruction of Youth and Male Children of Such Parents as are of ffrench and Dutch Extraction, as well as of the English, may corne and be Instructed in the Languages, or other Learning usually taught in Grammer Schools. And for the Encourage- ment of Such School-Master, Be it further Enacted by the Authority aforesaid, That henceforward Annually there shall be in the said City Assessed, Levyed, Collected and paid for the Space or term of Seven yeares, the Sum of ffifty pounds Current money of New York, for the mainteinance of the said School- Master, which Said Sum of fifty pounds shall be Assessed, Levyed, Collected and paid by Such perso-ns, at Such times, in Such Manner, and proportions, and under Such penaltyes Respectively as is provided for the Assessing, Levying, Collecting and paying of the Sum of one hundred pounds P Ann for the minister of New York, by an Act of Assembly, Intituled, an Act for Settling a Ministrv, and Raising a Mainteinance for them in the City of, New York, County of Richmond, West Chester and QueenaLAWS OF THE COLONY OF NEW YORK. 517 County, made in the fourth Year of King William and Queen Mary. Provided alwayes, that such School-Master shall, from time to time, as a Yacancy happens, be Chosen and Recouiended by the Comon Council of the Said City for the time being, in order to be Lycensed and approved by the Right Hon’ble the Bishop of London or the Governour or Comander in Cheif of this province, for the time being, any thing herein Conteined to the Contrary thereof in any ways notwithstanding. [CHAPTER 121.] [Chapter 121, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 191, 224. Title only is printed in Baskett, p. 62. Expired on May 1, 1709. (See chapter 81.)] An Act for Continuing the Revenue. [Passed, November 27, 1702.) As a demonstracon of our Loyalty and Cordial 1 affection to her most Sacred Ma’ty, and for better Support of .her Governft in this her Colony of Newyork, We, the Représentatives of the People, in Generall Assembly, Desire that it may be Enacted, and be it Enacted by his Excel the Govern’r, by and with the Consent of her Ma’ties Council, and the Generall Assembly of this Colony, 'That the Rates, Duties & Excises made payable upon Merchandizes, Goods, furrs, and Liquors, shall be Levy’d, Col- leeted and paid unto her most Excel Ma’ty for and during the Term of three Years next after the Expiracon of the Terni Limitted in a Certain Act of General Assembly, made in the Eleventh Year of the late King William the third, Entituled, an Act for granting unto his Ma’ty Several Duties for the defraying the publick Charge of the Goverment, after the time Limitted in an Act, Entituled, an Act Confirming and Continuing unto their Ma’tvs the Revenue Established by an Act of Generall Assembly for Defraying the publick and necessary Charge of the Goverment, is Expired, According to such Rules and Direc- cons, and under Such pains, penalties and fforfeitures, as is Expressed, Contained and Enjoyned in the said Act, or any of the Acts.of Assembly for Establishing or Continuing a Revenue upon her Ma’tys Predecessors, for the Defaying the publick and necessary Charge of the Government; and the aforesaid Act; and every Article, Rule and Clause therein meneoned, shalbe abide and remain in full force and Effect to ail Intents and pur- poses, during the said Term of three years, that is to say, from the Eighteenth dav of May, which wilbe in the year of our Lord One thousand Seaven hundred and Six untill the Eighteenth Day of May, which will be in the year of o-ur Lord One thousand Seaven518 LAWS OF THE COLONY OF NEW YORK. hundred and Nine, as fully, and in like Manner as if the Same were particularly and at large Recited and Set Downe in tlie body of this Act, any tliing to the Contrary hereof in any wayes notwitbstanding. [CHAPTER 122] [Chapfer 122, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 191, 224. Title only is printed in Baskett, p. 62. Defects in this act supplied by ch. 1?6.] An Act for appointing and Enabling Commissioners to take,. State and Examine the Acco;ts of the Revenue of this Colony, and the necessary Contingent Charge of the Government. [Passed, November 27, 1702.] For the better knowledge, Examinacon and Stating the Acco’ts of the Receipts, Issues and Distribucons of *the publick Revenue of this Colony, and Such Taxes as hâve been from time to time Levyed upon the Inhabitants thereof by Acts of Generall Assembly, Be it Enacted by his Excel, by and with the Advice and Consent of the Council, and Représentatives Convened in General Assembly, and it is hereby Enacted by the Authority aforesaid. That Rip Van Dam, Stephen De Lancey, John Bar- berie, Thomas# Wenham and David Jamison, Gentl shall be, and are hereby Constituted and appointed Commissioners for taking, Stating and Examining the Acco’ts of the Revenue of this Colony, and the necessary and Contingent Charge of the Government, and the Stating the Acco’ts of ail money of the said publick Revenue of this Colony, and the Acco'ts of Taxes, Subsidies or Aids granted unto the late King William the third, from and after the Arrivai of the late Earl of Bellomont, late Govern’r of this Colony, until the first day of the Sessions of this présent Assembly. And be it further Enacted by the Authority aforesaid, That the said Com’rs, or any three of them, are hereby Impowered from time to time, to Issue forth their Warrants, under their hands and Seals, to order the Collector or Receiver General, or the Com’rs for Executing the Office of Collector and Receiver General of this Colony, for the time being, and Ordering him or them to lav before them the Accots of the publick Revenue, and ail the Acco’ts of Taxes, Subsidies or Aids granted unto the late King William the third, from and afïer the Arrivai of the late Earl of Bellemont, late Governr of this Colony, untill the first day of the Sessions of this présent Assembly, together with ail the Acco’ts of the Issues and Distribucons of the same, and every part thereof,LAWS OF THE COLONY OF NEW YORK. 519 to any person or perdons whatsoever, or for what use or uses Soever. And be it further Enacted by tbe Authority aforesaid, That the Com’rs or any three or more of them are hereby Ordered to make Return of their proceedings herein, the first day of the next meeting of the General Assembly, unto the House of Représenta- tives, to the end Such further Consideracon may be had in the Assembly of the matters aforesaid, as for the Peace and Welfare of this Colony shall be thought Convenient. And be it further Enacted by the Authority aforesaid, That ail and every the Com’rs aforesaid, shall take the Oath hereafter menconed, before any one of the Justices of the Supream Court of Judicature of this Colony, for the tirne being, who are hereby Authorized and Impowered to Administer the Saine, Yizt I. A. B. do Swear, that according to the best of my knowledge andSkill, I shall faithfully, Impartially and truly, without favour or Affec- tion to any, demean myself in taking, Stating, and Examining ail the publick Acco’ts of this Colony, that shall be brought and Exhibited before me, So help me God. And be it further Enacted by the Authority aforesaid, That the said Com’rs shall hâve Such Reward for and Concerning their Trouble in the matter aforesaid, as the General Assembly of this Colony at their Sessions shall Seem meet. And further, be it Enacted by the authority aforesaid, That the said Com’rs shall and may Choose and appoint a Clerk for to Serve them in the matters by this Act Comitted to their Charge, who shall hâve and receive for his Sallary or Reward such Sum or Sums of money as the said Com’rs shall Judge and Award he reasonably shall Deserve. [CHAPTER 123.1 [Chapter 123, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 197, 230; Baskett, p. 58. Revived by chapter 155. Repealed by chapter 560.] An Act for Regulateing of Slaves. [Passed, November 27, 1702.] Be it Enacted by his ExcelPcy the Govemour and Councill and Représentatives conven’d in Generall Assembly, and’ by authority of the same, That no P’son or P’sons hereafter through- out this Province, do présumé to Trade with any slave either in buying or selling, w’tlvout leave and Consent of the Master or Mistress, on penalty of forfeiting Treble the value of the thing traded for, and the siime of ffive pounds Current money of New York, to the Master or Mistress of such slave, to be recovered520 LAWS OF THE COLONY OF NEW YORK. of sucli p’son or posons so trading contrary to the true intenlt' of this Act, by Action of Debt, in any Court of Record w’th in this Province, where such &um or sums is. Cognizable; and ail bar- gains and Contracts made w’th any slave, contrary to the intent of this Act, shall be utterly void. And be it further Enacted by the authority aforesaid, That hereafter it shall and may be lawful for any Master or Mistress of slaves to punish their slaves for their Crimes and offences att Discrétion, not extending to life or Member. And for as much as the Number of slaves in the Citty of New York and Albany, and also in otheri Towns withim this Province, dolth daily increase, and that they hâve been found oftentimes guilty of Confederating together in running away, or other ill practices, Be it therefore Enacted by the authority aforesaid, That it shall not hereafter be lawful for above three Slaves to meet together att any other time, nor att any other place, than when it shall happen they meet in some servile Imploym’t for their Master’s or Mistress7s proffitt, and by their Master or Mistress consent, upon penalty of being whipt upom the naked back, at discrétion of any Justice of the peaoe, not exceeding fforty Lashes. And that it shall and may be lawful hereafter for any City or Town w’thin this Province; to hâve and appoint a Comon Whipper for their slaves, And for this sallary, itt shall and may be lawful for any City or Town within this Province, att their Comon Council or Town meeting, to agréé upon such sum to be paid him by the Master or Mistress of slaves per head, as they shall think fit, not exceeding three shillings P head, for ail -such slaves as shall be whipt, as aforesaid. And in Case any slave présumé to assault or strike any ffree- man or Woman professing Christianity, it shall be in the power of any two Justices of the peaoe, who by this Act are thereunto authori^ed, to Comitt such slave to Prison, not exceeding four- teen days for one fact, and to inflict such other Corporal punish- m’t (not extending to life or limb) upon him, her, or them so offending, as to the said Justices shall seem meet and reason- able. And be it further Enacted by the authority aforesaid, That no person or persons whatsoever do hereafter Imploy, harbour, Oonceal, or entertain other mens slaves at their house, out-house or Plantation, w’thout the Consent of their Master or Mistress either signifyed to them verbally or by Certificate in writing, under the Said Master or Mistress hand, upon fforfeiture of five pounds for every night or day, to the Master or Mistress of such slave or slaves, So that the penalty do not excuse the value of Said slave; and if any person or persons whatsoever shall beLAWS OF THE COLONY OF NEW YORK. 521 found guilty of harbouring, entertaining or Concealing of any slave, or assisiting to the Conveying of them away, if such' slave shall thereupon be lost, dead, or otkerwise destroyed, such per- son or persons So harbouring, entertaining concealing, assisting or Conveying of them away, shall be also lyable to pay the value of Such slave to the Master or Mistress, to be recovered by action of debt, in nranner aforesaid. And Whereas slaves are the property of Ckristians, and cannot without gréai loss or détriment to their Masters or Mistresses, be subjected in ail Oases criminal, to the strict Rôles of the Laws of England, Bee it Enacted by the Authority aforesaid, That heréafter if any slave by Theft or other Trepass shall damnifie any p'son or p'sons to the value of five pounds, or under, the Master or Mistress of such slave shall be lyable to rnake satisfaction for such damage to the party injured, to be recovered by action of Debt in any Court haveing Jurisdictiou and Cogniizance of Pleas to that value, and the slave shall receive Oorporal Punishment, at Dis- crétion of a Justice of the peace, and immediately thereafter be permit ted to attend his or her Master or Mistress service, with- out further punishment. And it is further Enacted by the authority aforesaid, That hereafter no slave shall be allowed good evidenee in any niatiter, Cause or thing whatsoever, except- ing in Cases of Plotting or Confederacy amongst themselves, either to run away, kill or destroy their Master or Mistress, or burning of houses, or barnes or barracks of Corn, or the killing of their MastePs or ^iistress’s Cattle and that against, one another, in w’ch Case the Evidence of one slave shall be allowed good against another slave. Provided that this Ac-t shall be and continue in force otnly for one year frorn the publication thereof and no longer. [CHAPTER 124.] [Chapter 124, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 195, 228; Baskett, p. 58. The act revived by chapter 174, and partly repealed by chapter 217. The signature of the Governor and date of signing seem to hâve been torn from the original law, but from the minutes of the council it appears that the act was signed by the Governor, November 27, 1702. (See Joumals of Legislative Council, p. 189.)] An ACT against Forging, Counterfeiting and Clip- ping of Foreign Covn, which is Current Money in the Collony of New-York. [Passed, November 27, 1702.] FOR as much as by the Laws of this Collony no Condigne Punishment is at this time provided for such evil disposed522 LAWS OF THE COLONY OF NEW YORK. Persans as shall Counterfeit, Forge, Clip, File or otherwise lessen and debase such kind of Gold or Silver of other Realms, as cur- rent Money in payment within tbis Collony of New-York, whereby divers exil disposed Persons as well without this Collony as within, are encouraged and imboldened Dayly to Counterfeit, Forge, Clip, File and otherwise lessen and debase such kind of Gold and Silver, and utter the same in this Collony, to the great détriment of her Majestys Subjects. Be it therefore Enacted by the Governour and Council, and Représentatives conven’d in General Assembly, and by the Authority of the same, That if any Person or Persons hereafter shall falsely Forge, Counterfeit Clip, File or otherwise lessen or debase any such kind of Gold or Silver, as is the current Money of this Collony, and is permitted to be current within the same the Offenders therein, their pro- moters, aiders and abettors, being convicted thereof, according to the Laws of her Majesties Küngdom of England, of such Offences, shall be Imprisoned for the space of one who-le Year and a Day, and forfeit ail their Goods and Chattels, any Law, Usage or Custom to the contrary hereof in any wise not witli- standing. Provided, That this Act shall be of force for the space of one Year, and no longer. [OHAPTER 125.] [Chapter 125, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in fufl in Brinley’s Bradford, pp. 202, 235. Title oply printed in Baskett, p. 62.] An Act for prVenting doubts and Mis- takes, and for Continuera g procès s and Judiciall proceedings. rPassed, November 27, 1702.] THE Greivous and mortall Distemper which has the last Sum- mer soe fatally afflicted the City of New York having been the occasion that the Sup’me Court of Judicature which used to be held and kept in that City on the first Tuesday in October yearely was adjourned to Jamaica in Queens County and then and there adjourned without day by reason that the same Court neither at the said City of New York nor at Jamaica aforesaid could Con- veniently be holden and kept, ffor the pr’venting ail doubts Ques- tions and Scruples which can or may arise concerning the keeping or holding the said Court and for avoiding ail manner of discon- tinuànces whatsoever which by occasion thereof should or might or can or may happen or be in any matter or cause soever in the same Suprême Court. Be it Enacted by his Excellency the Gov- ernor by and with the advice and Consent of her Majesties Coun-LAWS OF THE COLONY OF NEW YORK. 523 cill and Assembly and by the authority of tke same That no pleas writts bills actions suites plaints processes or other thing or things whatsoever pleaded returned or depending or having day or dayes in the said «Court,, shall be in any wise discontinued or«putt without day for or by reason of the not keeping or hold- ing of the*said Court either at New York or Jamaica aforesaid in October last, but that ail and Singular the said pleas writts Bills actions suites plaints processes precepts and other the prémisses aforesaid shall stand Continue and be good and etfect- uall in the Law to ail intents and purposes as if the said Court had been actually kept and holden at New York in October as aforesaid any Law Statute Custome or usage to the Contrary hereof in any wise notwithstanding. And be it further Enacted by the authority aforesaid That ail pleas writts Bills actions suites plaints processes pr’cepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be returned, or having day in any manner whatsoever at the same ,Suprême Court which should hâve been holden and kept at New York in October last be and are hereby Continued and adjourned unto the next Suprême Court of Judicature to be holden and kept the first Tuesday in Aprill next at New York, And that ail parties in any pleas writts Bills actions, suites plaintsiprocesses or other thing or things whatsoever having day given them to appeare at the said Court in October last are by virtue of this act to appeard at the said next Suprême Court in Aprill, And that ail Sherriffs officers or other Ministers whatsoever»and every of them Respect- ively keep in their hands ail writts Bills processes and precepts and ail other things whatsoever to them directed respectively Returnable or to hâve been returned at the said Court in October last, untill the said Court to be held at New'York in Aprill next and then return the same into the said Court that such proceed- ings may be had thereupon as should hâve been had in*Case the said Court had been kept at New York in October last. [CHAPTER 126.] [Chapter 126, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 196, 229. Title only is printed in Baskett, p. 62. Livingston & Smith and Van Schaack, and Baskett, ail State that this act was repealed by the Queen, June 26, 1708.] An Act for the Repeialing Several Acts of Assembly, and Declaring other Ordi- nances, publisht as Acts of Assembly, to be void. [Passed, November 27, 1702.] FOR as much as Several Acts and Laws hâve lately been paist ïn« this Colony, with plausible and Colourable Titlesi and p retenu524 LAWS OF THE COLONY OF NEW YORK. ces, some of them Incongruous, and unjust in themselves, others to abtain private and Sinister ends, under the Cloak of publick good; many pretended Acts, as Laws, by persons unquallified by Right or Law to* sit or Act in the- Legislative power, and by Several as were not the Choice of the People, and ail of them instead of being for the profit and advantage of the Subject, as they ought to- be, hâve been, and prov’d to the Distruccon of property, the confining and Enervafting of Liberty, Ruinous to Trade, to the Impoverishing of the People, a Discouragement to Industry, and hurtfull to the Settlement and prosperity of the Colony. Be it therefore Enacted by his Excel the Govenr by and with the advice and Consent of her Ma’tys Council and Assembly, and by the Authority of the Sanie, That one Act of General Assem- bly, Entituled an Act for Regulateing Elections of Représenta- tives in Generall Assembly in each Respective City and County within this Province. One other Act, Entituled, an Act to pre- vent Vexations Suits and Settling and quieting the Minds of his Ma’ties peaceable Subjects within this Province. Also, one other Act, Entituled, an Act for Vacating, Breaking and Annul- ling several Extravagant Grants made by Col Fletcher, late Gover of this Province under his Ma’ty, and ail and every the Branches, Clauses and Articles in ail and any of them Contained, shall from and after the publicacon hereof, be Abrogated, Repealed, Annulled, and from thenceforth be utterly Void and of none Effect. And be further Declared and Enacted by the Authority afore- said, That ail and every pretended Act and Acts of General Assembly, and every Sentence, Judgment, Decree, Order, Ordin- ance and Edict, Entituled, made pronounced, publish’d or Pro- mulgaibed as an Act or Acts of General Assembly, or Law or Laws of this Colony, since the first day of August, in the Year of our Lord One thousand Seaven hundred and one, are, and hereby are Declared and Enacted to be utterly and wholly frus- trate, null and void to ail Intents, Constructions & purposes whatsoever, any Law, Statute or Custom to the Contrary hereof in any wise notwithstanding. And that the Memory of those pretended Act and Acts of General Assembly may be wholly Obliterated, Deleted and buried in perpétuai Oblivion, Be it further Enacted by the Authority aforesaid, That ail Minute», Notes, Memorials, Registry, Enrolments, Filing and Entries of a.11 or any the said pretended Act or Acts, shall be defaced, taken off the File, Tora, Cancelled, or otherwise Totallv Destroy’d, as if the Same had never been had, made, Declared Set forth, Publish’d or Promulgated.LAWS OF THE COLONY OF NEW YORK. 525 Proyided always, That this Act, or any thing thesein Con- teined, shall not Extend to Charge or burthen the Oollector and Receiver Generall of this Colony, or the Commission’rs for Exe- cuting the Office of Collector and Receiver General for the time being, or any oifcher person or persons whasoever, for Collecting or Receiving any publick moneys by Colour or pretext of any of the said pretended Acts of Assembly, but that the said Collector and Receiver General, and the said Commission’rs for Executing the Office of Collector and Receiver General, and other Person or Persons, as aforesaid, are hereby thereof & therefrom wholly Exonera.ted and Discharged, and therefore hereby Indempniûed, any thing herein to the Contrary hereof notwithstanding. [CHAPTER 127.] [Chapter 127, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 199, 232. Not in Baskett. (See chapter 77.) Continued by chapter 148.] An Act for Enforcing and Continuing the Act for Encouraging a Post-Office in this Province of New York for four years and One half year, froin the Moneth of April, which was in the year Seaventeen hundred [Passed, November 27, 1702.] WHEREAS the Act of General Assembly of this Province, inade in the Year Sixteen hundred Ninety two Entituled, an Act for the Encouraging a Post-Office, And also an Act made in the year Sixteen hundred Ninety five. Entituled, an Act for Continu- ing the Act for Encouraging the Post-Office three Years Longer, after the Expiracon of the said Act; And also, another Act made in the Year Sixteen hundred Ninety Nine Entituled, an Act for Continuing the Act for Encouraging of the Post-Office two years Longer, after the Expiration of the last Act made for Con- tinuance of the Saine, are ail Expired by their own Limitacon, the last of which ended in the month of April Seaventeen hundred And it being found very Advantagous to the Inhabitants of this Province, by the Preserving of Trade, and maintaining a mutuall Correspondence, amongst our Neighbouring Colonys and Planta- cons, that the same should be Enforced and Continued, Be it therefore Enacted by the Govern’r and Council and Représenta- tives Conven’d in Generall Àssemblv, and by the Authority of the Same, That the act, Entituled, an Act for the Encouraging a Post-Office, be Enforced and Continued for the term of four Years and One half year, from and after the moneth of April, which was in the year Seaventeen hundred, and ail the Rates and Sums526 LAWS OF THE COLONY OF NEW YORK. of Money Establisht by Virtue oî the said Act, upon Letters and Pacquets that shalbe received and dispatch’d by tbe Office and Offices, Contained in the said Act, shall be paid by the Space of ffour Years and one half year from and after the Moneth of April, which was in the Year Seaventeen hundred According to Such Rules and Directions, and under Sueh Penalties and forfeitures, as is Contained and Enjoyned by the said Act; and the aforesaid Act, Entituled, an Act for the Encouraging a Post-Office, and every Article, Rule and Clause therein menconed & Contained, shall be, abide, Remain and Continue in full force and Effect, to ail Intents and purposes, during the said terni of ffour years and one half year, from & after the Moneth of April, which was in the year Seaventeen hundred And no longer, as fully and in like manner as if the same were particularly and at large Recited and set down in the Body of this Act, any thing Contained therein, to the Contrary hereof in any wise notwithstanding. THE NINTH ASSEMBLY. Second Session. (Begun Apr. 8,1703,2 Anne, Edward Lord Combury, Governor.) [CHAPTER 128.] [Chapter 128, of Livingston & Smith and Van Sehaack, where the act is printed in full. Title only is printed in Brinley’s Bradford, p. 221, 254; Baskett, p. 72. Baskett States that this act was confirmed by the Queen, March 30, 1704.] AN ACT* to Enable the Minister and Elders for the time being of the ffrench Prostestant Church in the City of Newyork to build a Larger Church for the worship of Almighty God in that Congrégation to hold to them & their Successors for erer. [Passed, June 19, 1703.] WHEREAS Pieter Pieret Minister of the ffrench Protestant Church in the City of New York and John Barberie Paul Droillet, Elias Neau John David & Augustus Gray présent Elders of the said Church are peaceably Seized and possessed of a certain Lott of Ground and Church built thereon for the use of the Congrégation of ffrench Protestants in the said City Scitu- ate & being in the Street Comonly known by the name of Petti- coate liane butting northerly to the said Street Southerly to the ground of Jaspar Nissepat Deced Westerly to the Ground of Isaac De fforest Deced and Easterly to the Ground of HenryLAWS OF THE COLONY OF NEW YORK. 527 ,Van ffeurden being in Length fforty Eight ffoot Nine Inches & in Breadth in the1 ffront Twenty Seaven foot Seven Inches and in the rear Twenty Eight foot Six Inches of which breadth on the West side from the ffront to the rear is taken off and reserved three foot & three Inches for a Comon Alley. And whereas the said Minister & Elders by Their Peticon hâve set forth that their Congrégation is so much Encreased that the said Church is to small to Conteine them and that they are not at présent in a Capacity to Divide them sel y es intO' t\vo Congrégations praying power and Liberty by Virtue of An Act of Assembly of this Pro- vince to sell and dispose of their said Ground and Church and to purchase ground and build thereon a larger and more Con- venient Church to hold to the said Minister and Elders of the said Church for the time being and to their Sucessors for ever for the Publick worship of God in the said Congrégation and for no other use whatsoever. To the Intent that they the said Minister and Elders be Enabled to sell their said Ground & Church and that they and their successors may be better quallified in Law and Enabled to purchase other Ground build a Larger Church thereon and to hold use and enjoy the same to the said Pions use for ever. Be it Emacted by his Excellency the Governour and Council and Représentatives of this Province in General Assembly Conven’d and by authority of the same, That from and after the Publi- cacon hereof It shall and may be Lawfull for the said Minister and Elders or the major part of them to grant bargain and sell the said Ground and Church in the said Street called Petticoate Lane to any person or persons or body Politick or Corporate whatsoever Quallified to purchase houses Ground or other Estate of Inheritance. And the Sale of the said Ground and Church unto any person or persons or Body Politick and Corporate what- soever to be made by the said Minister and Elders or the major part of them is and shall be deerned and adjudged good and Effectuai in «the Law to ail Intents Construccons and purpoises whatsoever, as if the same was made by any Single person Natural born Subjecf of England qualli- fied to sell A Lawfull Estate of Inheritance in ffee simple and as if the same had never been appropriated to the worship of God by the said Congrégation, And the said Ground and Church shall be and remain to the purchaser or pur- chasers thereof their Heires and Assigns for ever any Law usage Custoïne or pretence of right whatsoever to the Contrary or any defect or Disability in The Law whatsoever in any ways not- withstanding.528 LAWS OF THE COLONY OF NEW YORK. And Be it further Enacted and Ordained by the Authority aforesaid that no part of the money or other Considération aris- ing by the sale aforesaid of the said Ground and Church shall be disposed of to any Secular or profane use whatsoever bnt that the same shall be Expended and used in the purchasing of other more Convenient Ground or Scituation and in building thereon a Larger Church for the said Congrégation for the Service and worship of Almighty God. And Be it further Enacted and ordained by the Authority aforesaid that from henceforward it shall and may be Lawfull for the said Minister and Elders and their Successors to pur- chase and buy a Larger and more Convenient Tract of Ground within the said City for the Scituation of one Larger Church for the Service and worship of God and to Erect and build thereon a Larger Church and a Dwelling House for their Minis- ter for the time being if tliey shall think fit to hâve hold use and enjoy the Same for the use and Intent aforesaid by the name of the Minister and Elders of the ffrench Protestant Church in the City of Newyork to them and their Successors for ever not Exceeding Two hundred foot Square any Law Custome or Usage to the Contrary or any former defect or disability in the Law whatsoever notwithstanding. And to the Intent that the said Minister and Elders may be the better Enabled to carry on this Pious purpose and worke Be it Enacted and Ordained by the Authority aforesaid that hence- forth it shall and may be Lawfull for the said Minister and Elders to Collect and receive from the Members of the said Congréga- tion or from any other person or persons whatsoever their ffree and voluntary Contribucon or Benevolence towards the same for and during the Space of Seven years next Ensuing and that it shall, and may be Lawfull for ever thereafter for the Minister and Elders'of the said Church for the time being to Contribute and Collect amongst themselves and the members of their own Congrégation Such requisite And necessary Sum of money towards the Maintenance and Reparacon of their said Church Dwelling House for their Said Minister and other things apper- taining thereunto any Law Custome or usage to the Contrary notwithstanding. Provided always and it is the true Intent and meaning of this Act that no manner of person or persons what- soever within or without the said Congrégation shall be Com- pelled or Compellable to Contribute any Sum or Sums of money for the uses aforesaid but are left to their ffree and voluntary offering or ablacon & not otherways.LAWS OF THE COLONY OF YEW YORK. 52& [CHAPTER 129.] [Chapter 129, of Livingston & Smitli and Yan Schaack, wüere the title only is printed. Printed in full in Brinley’s Bradford, pp. 211, 244. Title only is printed in Baskett, p. 72. (See chapters 143 and 147.)] AN ACT ta enable the Justices of the Peace for the City and County of Albany to repair or to rebuild a Comon Goale City and County Hall for the said City and County and to pay the arrears of their Public Charge. [Passed, June 19, 1703.] WHEREAS the Représentatives of the City and County of Albany in this Présent Assembly by their Peticon hâve se1: forth that it is Recommended to theni by the Justices of the Peace of the said City and County in their Generall Sessions at Albany the second of February in the first year of the Reign of our most Gracions Soveraign Lady Anne by the Grâce of God Queen of England Scotland ffrance and Ireland Defender of the ffaith &c to lay before the Assembly their great want of a Comon Goal and a new City and County Hall and other things needfull for the publick Administracon of Justice in the said City and County and of a ffund for payment of the Arrearages of their by past Publick Charge notwithstanding the Provision made for the defraying the respective Charge of each County within this Pro- vince by An Act of Generall Assembly made in the third year of King William and Queen Mary Entitled an Act for defraying of the publick and necessary charge throughout this Province and for Mainteinîng the Poor and preventing of Vagabonds. Be it therefore Enacted by his Excellency the Governour and Council and Représentatives of this Province in Generall Assem- bly met and Assembled and by Authority of the saine that for and during the terme and Space of three years from and after the publicacon of this Act, It shall and may be Lawfull for the Jus- tices of the Peace of the said City and County for the time being or the major part of them at anv time or times within the said terme of three years to raise Such Sum and Sums of money not Exceeding ffour hundred pounds during the said terni upon the ffreeholders and Inhabitants of the said City and County as they shall Judge needfull and requisite for the repaireing or building of a Sufficient Gaole City and County Hall and other things need- full for the Administracon of Justice in the said City and County and for payment of their by past arrearages of the City and County Charge Provided the mannor of Renslaerwick do- not nor 67530 LAWS OF THE COLONY OF 1STEW YORK shall pay the Arrearages of the Représentatives for the County of Albany which Sum and Sums of money So raised as aforesaid shall be Assessed and Collected by the Assessors and Collectors of the said City and County Annually Elected for the Assessing and Collecting of publick moneys raised or to be raised in the said City and County in Such manner and Concernent time or times as the said Justices of the Peace or the major part of them by warrants under their hands and Seals shall Limitt and appoint which said Sum and Sums of money so raised Assessed and Collected shall be paid unto the Treiasurer of the City and County of Albany or such other person or pensons as the said Justices of the Peace or the Major part of them shall thereunto appoint for the uses aforesaid which said Treasurer or person or persons so as aforesaid appointed to reçoive the Same shall keep a Distinct Just and true account thereof and make payments of the Same to and for the uses aforesaid, and to no other uses what- soever by Warrants or orders under the hands and Seals of five persons or the Major part of them who are and shall be appointed Mannagers of the said buildings by the said Justices or the major part of them and be accountable thereof to them or the Major part of them and to no other Supervisor or Supervisors or other person or persons whatsoever anv former Law usage or Custome in this Province or the said City or County to the Con- trary hereof in any ways notwithstanding. And be it. further Enacted by the Authority aforesaid that the said Justices or the Major part of them hâve power and Authority and at the time they shall Deliver their Warrants to the said Assessors shall Administer an Oath to the said Assessors well and truly Equally and Impartially and in Due Proporcon as it shall appear to them according to their best understanding to Assess and rate the ffreeholders and Inhabitants of the respective places for which they are or shall be Chosen Assessors. And be it further Enacted by the Authority aforesaid that if any of the said Assessors or Collectors shall deny or neglect to make such Assessment and Collection as aforesaid it shall and may be Lawfull for any two or more of her Maties said Justices by warrant under their hands and Seals to Commit Such offendor to the Comon Goale there to remain without Baile or Mainprize till he shall make ffine and Ransom to her Maty for such his Con- tempt as aforesaid in which Case it shall be in the power of the said Justices or the Major part of them to appoint others in the room tvo ail Intents Construccons And purposes So that this Act I>e fully put in Execucon And be it further Enacted by the Authority aforesaid that if .any person or persons rated and Assessed any Sum or Sums ofLAWS OF THE COLONY OF NEW YORK. 531 money by Virtue of this Act shall deny or delay to pay and Sat- tisfy the Same it shall and may be Lawfull for such Collector by warrant under the hand and Seal of any Justice of the Peace next residing to the said Offender or of any other Justice of the Said City & County in Case of his absence who by Virtue of this Act are Authorized and required to Grant the Same to Levy the Sanie by distress and Sale of the offenders goods returning the overplus if any be to the Owner the Sum Assessed and Charges of distresse and Sale being first deducted. [CHAPTER 130.] [Chapter 130, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 210, 243. Title only is printed in Baskett, p. 71. Livingston & Smith and Van Schaack State that the act was confirmed by the Queen, January 8, 1708. See communication of Lords of Trade to the Queen recommending its con- firmation in Doc. Rel. to Col. Hist., vol. IY, p. 1123.] AN ACT Declaring the Illegality of the Proceedings agst Coll Nicholas Bayard &r Alderman John Hutchins for pretended High Treason, and for Reversing and making nul! and voyd the said Judgments and ail pro- ceedings thereon [Passed, June 19, 1703.] WHEREAS in the month of ffebbry and March In the year of our Lord one thousand seven hundred and one, there was a Crafty and Malitious Prosecution agst Coll Nicholas Bayard of the Citty of New York and Alderman John Hutchins of the Same Citty for pretended Crimes & Misdemeanors alleadged against them Upon w’ch they were Indicted and sentence of Death past upon them and other Penaltys as in Cases of High Treason w’ch : matters haveing been fully heard and Examined before her Most Sàcred Majty in Councill Att the Court att St. James’s the one and twentieth day of Jan’ry one thousand seven hundred and two; Upon Considération thereof her Majty being sensible of the Undue and Illegall proceedings ag’st the said Bayard & Hutchins was then most graciously pleas’d in her Royall Justice & bounty to order that her Attorney Generall here should be directed to Consent to the Reversing those sentences & to whatever else may be Requisite in the Law for the Re-instateing the said Bayard & Hutchins in their Honour and Property as if no such Prosecu- tion had been. And forasmuch as the said Nicholas Bayard and John Hutchins are in no wayes Guilty of anv Crime in those matters objected against them or either of them and that her Majestys Just Pleasure and Royall Inclination for the Reliefe532 LAWS OF THE COLONY OF NEW YORK. of her distressed subjects may tàke tbeir speedy and due effect. BEE it therefore DeclaPd & Enacted by bis Excellency the Governour by and with the advice and Consent of her Maj’ies Councill and the Generall Assembly of this Collony & it is hereby declared and Enacted by the Authority of the Same that the said Proceedings and Prosecutions, for the Same feigned and pretended Crimes and Misdemeanors are & were undue and Illegall and the Judgement and Judgements, sentence and sen- tences, against the Said Coll Bayard and Alderman Hutchins and ail and every matter and thing relateing thereunto are Reversed annulled and made void and of no effect to ail Intents, Constructions, and Purposes whatsoever and the Said Nicholas Bayard and John Hutchins hereby are and are declared and hereby Enacted to be as to' their Honour and Property in the same state Right and Condition as if no such Prosecution, Tryall, Judgement, or sentence had been. And to the end that right may be done to* the Said Collonell Bayard and Alderman Hutchins and to the Intent that the Memory of these matters may be put into perpetuall Oblivion and that such evill Practices and Proceedings may not hereafter be brought into Example to the préjudice of any person or per- sons whatsoever, BEE it further Enacted by the authority afore- said that ail Judgements & sentences, records Proeess and Pro- ceedings and ail other matters and things relateing thereunto be wholly obliterated cancelled and utterly distroyed, any Law statute or Custome to the Contrary in any wise notwithstanding. [CHAPTER 131.] [Chapter 131, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 222, 255; Baskett, p. 65. Continued by chapter 154.] AN ACT for the Laying out Regulateing Clearing and preserving Publick Comon high- ways throbut this Colony. [Passed, June 19, 1703.] For the better Laying out ascerîtaining, Repairing and pre- ser\ing the Publick Comon and General highways within this Colony. Be it Enacted by the Govr. Council and General Assem- bly of this Colony and by the Authority of the same. That there be laid out preserved and kept for ever in good and Sufficient Repair one Publick Comon & General highway to Extend from the now Scite of the City of New York thro’ the City and County of New York and the County of West Chester of the breadth of four Rod English Measure at the least, to be Continue and remainLAWS OF THE COLONY OF NEW YORK. 533 for ever the Publick Oomon General Road and highway from the said City of New York to\ the adjacent Oollony of Connecticutt. And also one other Publick Comon and General Highway to Extend from the fferry in Kings County thro’ the same County, Queens County and the County of Suffolk of the same breadth of ffour Rod English Measure at the Least to be Continue and Remain for ever the Publick Comon General Road and Highway from the fferry aforesaid to the Town of East Hampton in the County of Suffolk. And one other Publick Comon Oeneral High- way to Extend from Kings Bridge in the County of West Chester thro’ the same County of West Chester Dutchess County and the County of Albany of the breadth of Four Rod English Measure at the Least to be Continue and remain for ever the Publick Comon General Road and Highway from King Bridge aforesaid to the Ferry at Crawlew over agamst the City of Albany. And further one other Publick Comon General Highway to extend from the Southerly Bounds of the County of Orange, thro; the Same County of Orange to the County of Ulster & County of Albany of the breadth of four Rod English Measure at the least to be Continue and remain for ever the Publick Comon General Road and highway from the Southerly bounds of the County of Orange aforesaid to the City of Albany & from thence to the Town of Schanectady in the County of Albany aforesaid. And aiso one other Publick Comon General Road and highway in the County of Richmond from the fferry at the watering place thro’ the said County to Billups point over against Amboy in the Province of East new Jarsey. And be it further Enaeted by the Authority aforesaid That there shall be Comon Highway s Laid out, assertained repaired & preserved for ever of the Breadth of ffour Rods English measure as well from the Several Towns and Villages within this Oollony to their next Contiguous Towns and Villages and from one Town or Village to another as to the severall and respective publick Comon and General Roads and Highwavs before mentioned and to Such Convenient Landing places in euch respective Town & Village wrhere their respective Scituacons will afford and require it for the better & easier Transportaeon of goods and the Com- modious passing of Travellers as Direct and Convenient as the Circumstances of place will admit of at the direccons of the Commrs. respectively hereafter menconed. And be it further Enaeted by the Authority aforesaid if any person or persons from and after the Publicacon hereof shall Girdle Bark or Cutt down any Liveing Tree or Trees Standing and Growing in any Comon and publick Road or highway alreadv laid out or now Comonly used as Such or that hereafter shall534 LAWS OF THE COLONY OF NEW YORK. be laid out assertained and appointed of the Diameter of four Inches or above sball forfeit for eacli living Tree So eut down the Sum of Ten shillings to be recovered by Plaint before any of her Ma’ty Justices of the peace in the Town or precinct where Such Offence shall be Comitted who by Yirtue hereof hath and shall hâve power and Authority to Examine hear and Détermine the Same one half to the Party who shall Complain and Sue for the Same, and the other half to the Poor of the respective Town or Precinct where Such offence shall be Comitted. And be it further Enacted by the Authority aforesaid, That if any person or persons whatsoever after ye publicacon hereof shall Stop up Lessen contract, narrow or Incroach on any Conion Gen- eral or publick Road or highway within this Collony and shall thereof be Convicted before any of her Ma’tys Courts within the same Collony by the Due Course of the Laws thereof shall Suffer Such pain by ffine and Imprisonment as by the Con- sideracon of the same Court shall be Awarded, and the same nusance to be forthwith thrown down pulled up or removed. And be it further Enacted by the Authority aforesaid That the respective owners of the Severall Townships Mannors and Lands by or thro’ wch any Comon General or Publick Road or Highway shall be Laid out assertained and appointed shall be bound and Ohliged from time to time and at ail times hereafter well and Sufficiently to Clear amend and Repair as occasion shall require ail Such Roads and Highways as shall be laid out and run by or through their or anv of their Lands respectively as aforesaid under pain of ffine and Imprisonment for everv Omission or neglect to be Prosecuted in the Courts aforesaid by presentment or Indictment by Good and Lawfull men of the Places where Such Offences respectively shall be Comitted. And for the better putting this Act in Execucon. Be it Enacted by the Authority aforesaid, That Com’rs shall be and are hereby appointed thro’out this Collony who shall be and are hereby Impowered Authorized and required with ail Convenient Speed to put this Act and every matter and Clause therein in due Execucon acording to the true Intent and meaning hereof in and thro’ their respective Countys & districts for which they shall be nominated and appointed, That is to say for the County of Suffolk Mr Thomas Helmes Lieut Joseph Peirson & Mr John Turtle. For Queens County Col. John Jackson Mr Thomas Stevenson & Edward Burrows Esqrs. For Kings County Mr Peter Cortilleau Joseph Hegerman Esqr & Mr Benjamin Vande- water. For ye County of Richmond Capt Joseph Billup Captain Mcholaus Manning & Mr Jacob Peulion. For the City and County of New York Mr William Anderson Mr Clement ElsworthLAWS OF THE COLONY OF NEW YORK. 535 & Mr Peter Oplenous. For ye County of West Chester, Mr Joseph Heavyland, Mr Adolph Phillips & Mr Joseph Drake, For Dutchess County, Mr Bal tus Yan Clifft Mr. Johannus Tarbus & Mr Robert Livingston. For the City and County of Albany, Col Kilian Yan Renslaer, Maj’r Derrick Wessels Mr John Brunk & Mr Evert Banker. For the County of Ulster Mr John Cock, Mr Jacob Aertson & Mr Abraham Hasbrook, and for the County of orange Mr Peter Hearing Mr Johannus Blovelt & Mr Albert Minner, and if any of the said Oomr’s shall happen to dye or refuse to serve before the services by thern in this Act required to be doue and performed be accom- plished and perfected, the Deputys or Représentatives for the time being for the respective Citys and Countys where such Cornr or Comrs shall happen to dye or refuse to serve are hereby required and Authorized to Nominate and appoint under their hands and Seal s others in the stead and place of those who shall Soe dye or refuse who are & shall be Commissr or Comissrs for Such respective County to ail Intenta as if they had been Actu- ally Nominated and appointed in and by this présent Act. And be it also Enacted by the Authority aforesaid, That the said Commissrs or any two of theun respectively for the respec- tive Citys Countys for which they are nominated Coanmis- sioners w^ch said Commissrs and every of them shall remain Con- tinue and be Commissrs to ail Intents Construccons and pur- poses in this Act menconed for the Spa.ce and Term of three years froim the Publicacon hereof shall take effectuai care that this Act and every Clause matter and thing therein Contained be put in Execucon according to» the true Intent and meaning hereof and the Several Cornon General and publick Highways herein before menconed well and sufficiently laid out Asser- tained and declared as well for the Carriage of goods as the passage of Travellers within the space of eighteen months from and after the Publicacon of this présent Act. And in regard the Duty and Services by this Act required of the respective Commissrs* cannot be done and performed but by Some Considérable Labour Losse of tilme and Expence Be it therefore Enacted by the Authority aforesaid. That the said Commissrs and each of them shall during the time they and each of them be Actuially upon the Service and duty by this Act required of them hâve and reçoive the Sum of Six shillings by the day Currant moneÿ of this Collony towards Defraying the neoessary Expence and Charge they and each of them shall be at during the time they and each of them shall be Actu- ally upon the Service and Duty aforesaid to be paid by the respective Citys and Countys they serve for, and the Several and536 LAWS OF THE COLONY OF NEW YORK. respective Supervis-ors, Treasurers and other persons and officers Aùthorized Imployed or appointed for the raising Levying and paying the Charge of the severall Citys and Countys within this Collony are hereby Comanded and Enjoyn’d to raise Levy and pay the sanie under the penalty of Ten po-unds for each refusall Neglect or-omission to be reeovered by any of the respective Coin- missrs before named who shall be defrauded or delayed of the sum or sums of money allowed by this Act by Accon of debt to be brought in any of her Mat’ys Courts of this Collony. And be it also Enacted by the Authority aforesaid, That the Same Commissrs or any two of them as aforesaid for their respec- tive Citys and Countys for which they are and shall be appointed at their discrecon as they shall Judge fit and Convenient shall and may permit order Suffer and allow good Easy sufficient Swinging Hâtes in any of the Como-n Highways for the severall Towns and Villages within this Collony to- their next Contigious Townsi and Villages and from one Town or Village to another as also to the Severall Publick Cornon and General Roads and High- ways and to Such Convenient Landing places as before men- coned always Provided the Same Gates be made Set up and main- tained at the Costs Charge and Expence of the person or persons respectively at whose desire Instance and request the Same Gates are or shall be permitted and allowed. And that the said Commrs or any two< of them where necessity or the Conveniency of Such Road or Highway shall require it shall and may direct order and allow the selling Cutting and Carrying awa.y or Consuming any Living Tree or Trees what- ever for the Clearing of any Road Path or Highway any thing before in this Act to the Contrary hereof in any ways notwith- standing. And further that it shall and may be Lawfull for the said Commissrs or any two of them as aforesaid where any fence or Inclosure is or shall be at the Publickacon hereof made Erected or Set up Contracting Narrowing or obstructing any of the Roads or Highways before menconed to give Such reasonable time for the removing pulling up or Levelling Such ffence or Inclosure not Exceeding more than two years from the publicacon of this Act as to them ye Said Comrs shall appear Equitable Just and Convenient. And be it further Enacted by the Authority aforesaid that where it shall So happen that the said Road or highways shall lye Run or be laid out where the bounds of Severall Countys are in dispute the Commrs or any two of them of both those Countys respectively shall be lyable and take effectuall care thatLAWS OF THE COLONY OF NEW YORK. 537 this Act & every Clause therein be put in Execucon any Sucb Dispute or any other Doubt or Controversy notwithstanding. And be it furtker Enacted by the Authority aforesaid That tbe Cornrs hereinbefore by this Act appointed and Authorized and hereafter to be appointed and Authorized as in this Act is Directed for the Space and terni of three years before menconed and after ye Expiracon of the said three years the Surveyors for ye highways in An Act of General Assembly menconed, Enti- tuled An Act for the Enabling eaeh respective Town within this Province to Regulate their ffences & highways and make Pru- dential orders for their peace and orderly Improvements are hereby Comanded and required Authorized Impowered and appointed to take care that this Act and every Clause matter and thing in the Same Conteined be duely truely and Effectually performed done and put in Execucon acording to the true Intent and meaning of this Act under the Penalty of Twenty pounds for every ommission neglect or refusall the one half thereof to her Maty her heires and Successors to be Applied to the Con- tingent Charge of the Goverxnent and the other half to the Party who shall Sue for the Same by Accon of Debt in any of her Ma’tys Courts within this Collony. Provided always and it is the true Intent and meaning of this Act that ail the Roads and publick Highways by this Act Intended shall be of four Rod at the Least in Such as are now already used and laid out and of the breadth of Six Rod at the least where any new Publick Rod or Highway shall hereafter by Yirtue of this Act be laid out. Provided also that the publick Rods and Highways in the Countys of Ulster & Albany shall be laid out & assertained according to the Demensions and as in this Act is before Expressed Except where Such highways shall run thro’ meadow Ground to be only Twenty foot wide and not otherwise and that the Same Highways shall and may be Cleared and maintained according to the methods formerly and at présent used and practised in ye Said Countys. Provided also that in the Countys of Orange and Dutchesse altho^ the wavs to be laid out shall be of the breadth of Six Rod at the least the said Countys are not hereby Obliged to Clear or maintain any other path or Highway than for Horse and man only, nor in The County of Ulster from the Palis to Orange County. And be it further Enacted by the Authority aforesaid That the Commisses for every respective County shall return to the Clerk of every County respectively a full & perfect Report and discription of ve Manner & Extent of every Road they shall from 68538 LAWS OF THE COLONY OF NEW YORK. timie to time lay out and thé Clerk of every County is hereby required to record ail and every Such Return and Report as the Respective Com’rs shall frotn time to time make to them pur- snant to the Direccons of this Act [CHAPTER 132.] [Chapter 132, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 215, 248. Title only is printed in Baskett, p. 72. Expired at the next session, after May 31, 1710.] AN ACT for Prohibiting the Distilling of Rum and burning of Oysters Oyster shells or Stone into Lime within the City of New york or within half a miles Distance of the City Hall of the said City. [Passed, June 19, 1703.] WHEREAS the Distilling of Rum, molasses, and other Such like Liquors as also the Burning of Oysters, Oyster shells and Stone into Lime within the City of New York hath been very Offensive and unwholesome to the inhabitants thereof, and is now become a Comon Nusance amongst them, for the prévention wheréof, Be it Eniacted by the Governour Council and Représen- tatives of this Province in General Assembly Conven’d and by the Authority of the same, That from and after the Publication of this Act no person or persons whatsoever, shall présumé to distill any Rum, Molosses or other Such like Liquors, or to burn any Oysters Oyster shells, or Stone into Lime in any House shedd, or other place or places within the City of New York aforesaid, or within the distance of half a Mile from the City Hall of the said City, upon any accompt or pretence whatsoever, And that every person and persons, that from and after the time set and Limitted aforesaid, shall présumé to offend in any of the particulars aforesaid shall forfeit and pay, for every time he she or they shall be so found offending, the Sum of fîive pounds Cur- rant money of this Colony, The said respective Forfeitures, after the same shall accrew, to be Sued for and Recovered, by Action Bill, Plaint or Informacon in the Suprême Court of Judioature for the Colony aforesaid by any person or persons that will Informe or sue for the same, one moiety of the fforfeitures afore- said, to be to the Informer him or her that Sues for the Same, the other Moiety thereof to be to the Corporation of the City of New York for the use & benefitt of the poor of the said City and no Essoin, protection, wager of Law or Imparlance to be allowed in any Suite or Action aforesaid. PROYIDED alwavs that no Suite or Action shall be brought or Comenced for any the forfeituresLAWS OF THE COLONY OF NEW YORK. 539 aforesaid but within Seven months after the Offence committed, and not otherwise. And if any Slave Labourer or other Servant cr hireling shall be guilty of the breaeh of this Act in any the particulars therein named and become liable to any the fforfeit- ures aforesaid That then and in Such Oase the Master, Mistresse, owner, hirer or Imployer of such slave or servant so guilty as aforesaid respectively shall pay the said fforfeitures, for such slave Servant or hireling aforesaid, & shall be lyable to such Suite & Action for the same as aforesaid any thing herein Conteined to ye Contrary thereof in any wise notwithstanding. Provided also that this Act shall hâve Continuance for the tenue and Space of Seven years or to the end of the next Ses- sion of the Generall Assembly of this Colony. [CHAPTER 133.] [Chapter 133, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, pp. 213, 246; Baskett, p. 69. Confirmed by the Queen, May 20, 1708. (See Fowler’s Bradford, p. CXXXVIII.) The act explained is chapter 6.] AN ACT for» the better Explaining and more Effectuai putting in Execucon An Act of General Assembly made in the third yeare of the Reign of their late Majties King Wm. and Queen Mary Entituled An Act for defraying of the Publick and necessary Charge thro*out this Province and for mainteining the Poor and preventing Vagabonds. [Passed, June 19, 1703.] Forasmuch as many disputes Cavills Controversies and mis- takes hâve happened and been Occasioned as well by the Gen- erallity of the Words in a Certain Act of General Assembly Entituled An Act for defraying of the Publick and necessary Charge thro’out this Province and for mainteining the Poor and preventing Vagabonds, as many other Omissions and defects Expérience bas found and observed in the same Act. Be it there- fore Enacted by the Governour and Council and Représentatives Conveen’d in General Assembly and by the Authoritv of the Same. That be Elected and Chosen once every vear, in each respective Town within this Province by the ffreeholders and Inhabitants thereof, one of their ffreeholders and Inhabitants to Compute Ascertaine Examine Oversee and allow the Contingent Publick and necessary Charge of each County, And that each and every Inhabitant being a ffreeholder in any mannor Liberty Jurisdiccon Precinct and out Plantacon shall hâve Liberty to540 LAWS OF THE COLONY OF NEW YORK. Joine his or tlieir Vote with the next Adjacent Town in the County where such Inkabitant shall dwell for Choice of a Super- viser Except the Mannor of Renslaerwick wko shall liave liberty to Choose a Superviser for the same mannor. And also tkat there shall be in each Town Mannor and precinct by the ffreeholders and Inhabitants thereof in every respective County Annually Chosen two Assessors and one Collector which Supervisors Assessors and Collectors shall be Annually Chose in every Town on the first Tuesday in Aprill or Such days as is appointed by their Charters or Pattents which Supervisors so Chosen shall Annually meet at the County Town in each respective County on the first Tuesday in October and at such other time and times as the said Supervisors shall Judge and find Necesssary and Con- venient to Examine & Compute ail Such Publick necessary & Contingent Charges as they shall find their respective Countys properly Chargeable w'th and ail Such other Sum & Sums of money as shall be brought, & Exhibited to or before them, that hâve or shall be Imposed or laid on the same Countys by the Laws of the Collony wch Computacon being made and perfected and the Proporcon of each Town, Mannor, Liberty Jurisdiccon and Precinct within the respective Countys aseertained & appointed wch the said Supervisors or the Major part of them for the Several Countys respectively are herebv Impowered and required to Ascertain and appoint shall be transmitted under the hands and Seuls of the said Supervisors. to- the Assessors of each respective Town Mannor Liberty Jurisdiccon and Precinct Chosen as aforesaid wch Assessors are hereby required Equally duely and Impartially to Assess and make a Rate for their Respective pro- posons being first Sworn Equally diiely & Impartially to make Such Assessment before any of the Justices of the Peace for the Same County where such Assessors shall résidé (who are hereby Authorized and Required to Administer Such oath) wch Assessment being so made shall be delivered to the respective Collectors who are by this Act Impow7ered to Collect and pay the Same unto the County Treas- urer who shall be Annually Chose in each respective County by the Supervisors aforesaid, And if any person or persons shall refuse or neglect. to pay the said Assessment or Rate that it shall & may be Lawfull for the Collectors aforesaid to Collect and Levy the Same by distress on the Coods & Chattles of the Defaulters by Warrant under the hand and Seal of fhe Supervisors of each respective County aforesaid or the Major part' of them who are hereby obliged to Affix Such Warrant aforesaid to each Assessment so to be transmitted to the Col- lector as aforesaid who are hereby required to pay and Lodge inLAWS OF THE COLONY OF NEW YORK. 541 the hands of the Treasurer of each respective County the sum & sums of money by them respectively Oollected according to the Computacon of the Contingent Charges made and per- fected as aforesaid And the said Treasurer shall receive and pay ail Such Sum & Sums o;f money Assessed Collected and paid in, as aforesaid according to the said Computacon by warrant under the hands and seules of the said Supervisors or the Major part of them respectively, And the said Treasurers shall keep a dis- tinct Rook of Accot’s of the receipts Disbursements and pay- ments of the money so Assessed & Collected as before menconed. And once every year at the Annual Meeting of the said Super- visors bring in and Exhibite his or their Aocounts before them for their Audit thereof. And they are and shall be hereby made lyable to An Accon of Accot to the Super- visors of each County or the major part of them respec- tively for ail Such Sum or Sums of money they shall receive as aforesaid, w’ch Said Supervisors are by this Act Impowered and Emtiltuled to Sue Maintain & prose- cute such Action for the use of their respective Countys and the said Treasurers shall and may plead & Discharge themselves in such manner as other Receivers or Bailiffs by the Law may can or ought to do. And further that the said Oollec- tors shall be allowed to take and Receive Nine pence for each pound they shall so Collect as aforesaid, And that the said Treasurers shall retain and hâve Six pence on ye pound for what moneys they shall receive and pay as aforesaid to witt three pence for receiving and three pence for paying And be it further Enacted by the Authority aforesaid That if the Supervi- sor or Supervisors Assessor or Assessors Collector or Collectors Treasurer or Treasurers so Chose as aforesaid shall deny neglect refuse delay or faile to do performe and Exécuté ail and every or any Clause Article thing and things required and Contained in this Act, on such days times & in manner hereinbefore Expressed according to the true Intent and meaning thereof. They and each of them so denying neglecting refuseing delaying or failing as aforesaid shall forfeit five pounds Currant, money of this Collony for every Such their Offence to be recovered by the person or persons who is or shall be delayed wronged or injured by any such their or any of their offence in any of her Matys Courts in this Collony wherein no Essoin Protection wager of Law or any more than one Emparliance shall be allowed, besides being lyable to an Accon of Trespass grounded on the Case to every Such person who shall be so delayed Wronged or Injured any Law Statute or Usage to the Contrary hereof in any wise notwithstanding.542 LAWS OF THE COLONY OF NEW YORK. And be it further Enacted b y the Authority aforesaid That the Supervisors Assessors and Collectors for the severall and respective Towns within this Collony from whom Yearly Quit Rents or Cheif Rents are due or hereafter shall become due or on whom Such Rents are Chargeable are hereby Impowered and Required to take Effectuai care that the Same be duely and truely paid, according to the true Intent meaning and Expression of their Several Pattents and Grants and that the same Assessors shall Yearly and every year Assess the several ffreeholders of the said Towns Respectively according to the part share & proporcon of Lands within each respective Town Such ffreeholder or ffree- holders shall hâve hold possess and enjoy for and towards the Dischargeing and paying such Cheif or Quit Rent or Rents Respectively, and that the said Collector shall by Warrant under the hand and Seale of the Supervisor Collect Levy and pay the same in such manner as before in this Act is set forth and Expressed for the Raising Assessing Collecting and paying the publick and necessary Charge of each County in this Collony. And be it also Enacted by the Authority aforesaid That in Case any Supervisor Assessor Collector or Treasurer after having been so Chosen and Elected as aforesaid shall happen to dye refuse to Serve or départ the Collony after such his Election and before the end and Expiracon of the year for wch he or they are Chosen the respective Town or County where such person shall happen to dye refuse or départ from shall and may and are hereby Authorized and required to proceed to a new Choice of Such Collector Assessor Supervisor or Treasurer as shall be wanting for the remaining part of the year, And in Case the ffreeholders and Inhabitants of any Town or Precinct or the Supervisors of any County within this Collony shall neglect deny or refuse to Elect and Chose A supervisor Assessor Collector or Treasurer in the manner in this Act before Exprest. The Justices of the peace of the respective Counties wherein such Town or precinct shall lye or the major part of them being not under the number of five are hereby Authorized Impowered and required under their hands and Seals to nominale and appoint a Super- visor or Supervisors Assessor or Assessors Collector or Collectors or Treasurer in the Room Stead and place of Such Supervisors Assessors Collectors or Treasurers so omitted to be Chosen, who shall be Supervisors Assessors Collectors and Treasurers to ail Intents and purposes with the like powers and Subject to the same Rules Pains and Penalties as any supervisor Assessor Collector or Treasurer Chosen or Intended to be Chosen and Elected pursuant to and by Virtue of this Act.LAWS OF THE COLONY OF NEW YORK. 543 [OHAPTER 134.] [Chapter 134, of Livingston & Smith and Yan. Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 216, 249. Title only is printed in Baskett, p. 72. Baskett States, that the act was con- firmed by the Queen, March 30, 1704. (See chapters 33 and 141.) Yan Schaack States that the act expired by the death of Mr. Yesey, July 10, 1746.] An Act for the better Establishment of the maintenance! fou the Minister of the Citty of New York. [Passed, June 19, 1703.] WHEREAS the Inhabitants and ffreeholders in the City of New York hâve heretofore made Divers Yoluntary Contributions and Subscriptions Amongst themselves, in order to the laying the foundation of a Church and Steeple in the sd City, and hâve thereby Advanced the Same so far as to the finishing the said Church, & the building of the Steeple to a Convenient Height above Ground, with a purpose to Proceed and finish the Same. And Whereas before the Building the said Church (that is to Say,) in the year of our Lord 1693 An Act was made by the General Assembly of this Province, Intituled, An Act for the Setling a Ministry & raising a Maintenance for them in the City of New York, County of Richmond, West Chester and Queens County, wherein amongst other things it was provided and Enacted, That there Should be Called, Indueted and Established in the City of New York a good Sufficient Protestant Minister, to Officia te and hâve the Gare of Soûls; and that there Should Annually be Assessed, Levyed, Oollected and paid for the main- tenance of Such Minister, the Sum of One hundred pounds, w’ch said Sum of One hundred pounds, Since the Building of the said Church, hath been paid unto Mr. William Yesey, the présent Rector or Incumbent thereof, w’ch being thought an insufficient mainteinance for the said Incumbent, by the Wardens & Yestry of the said Church, has hitherto, for Some time, been Supplied by an Addition out of the Yoluntary weekly collections from the Inhabitants of this City, and People frequenting that Church, w’ch were otherwise Intended towards the perfecting the said Church and steeple, & other pious and religious uses, The General Assembly of this province, for the better Maintenance & further Encouraem’t of the said Mr. William Yesey, hâve thought fit to Enact, AND* BE IT ENACTED by his Excell. the Govr, by and with the Advice and Consent of her Majties Councill and Représentatives in Generall Assembly mett and Conven’d, and it is hereby Enacted by the authority of the Same; That in544 LAWS OF THE COLONY OF NEW YORK. Lieu and Stead of the above said Sum of One hundred pounds, mentioned to be raised and paid b y the above recited act of General Assembly, tbere Shall Annually and Onee in every year (for and dureing the Natural Life of the said Mr. William Vesev, présent Incumbent of the said Church, and so long as he Shall Officiate as Minister of the same) be Assessed, Levyed, Collected and paid, for the Maintenance oif the said Mr. William Vesey, Rector of the said Church, the Sum of One hundred and Sixty pounds Current Money of New York. And for the more regular and orderly raising The said Sum of One hundred and Sixty pounds, Bee it Enacted by the authority aforesaid, That the Justices of the Peace of the City and County of New York, or any two of them shall every year Issue their Warrants to the Constables of each respective Wards within the said City to Sumions the ffreemen and tfreeholders of the said City together, on the Second Tuetsday in January for the Chusing of Ten Vestry men and two Church Wardens, and the said Justices or any two of them Shall within two< Months after the said day call together the Vestrymen, so» Chosen as aforesaid, and they or the Major part of them, are hereby Tm- powered and required to lay an Equall Tax on the Inhabitants of the said City of New York, for the raising the aforesaid Sum of One hundred and Sixty pounds; And be it further Enacted by the authority aforesaid, That Such of the Vestry men as Shall not be présent at the time Appointed to make the said Tax, and thereof be Convicted by a Certificate under the hands of Such as doe Appear, and hâve no Sufficient Excuse for the same, Shall respectively fforfeit ffive pounds Currant money aforesaid; And a Roll of the said Tax, so made shall be Delivered into the hands of the Constable of each respective ward of the said City, with a warrt Signed by any two Justices of the peace of the said City, Impowering him or them to Levv the said Tax, and upon refusall to destrain upon the Goods and Chattells of the Person or per- sons so refusing and Sell the Same, by publick out-cry, and pay the Money, arising by the said Sale, into the hands of the Church Wardens, first retaining to himself twelve pence in the Pound for Levying thereof, and returning the Overplus, if any there shall happen to be, to the Owner. And if any person Shall refuse to pay what he is so Assessed, and the said Constable or Con- stables do Destrain for the Same, ail the Charges Expended by the said Constable or Constables, Shall be paid him or them, with Such further Allowance for his or their pains as the said Justices, or any of them, shall judge reasonable. And if the said Justice or Justices Shall neglect their Dutv to Issue the said Warrant, or fail in any of the premises, by him or them to beLAWS OF THE COLONY OF NEW YORK, 545 done or performed, in pursuance and Execution of this act, he or they respectiyely Shall fforfeit the Sum of Twenty pounds Ourrant money aforesd. And if the said Constable, or any of them, shall fail to doe their Duty Herein, they shall respectively fforfeit fiye pounds Currant Money aforesaid. And the Church Wardens, so Chosen, shall undertake the sd Office, and receiye and keep a Just and true Accot of the Money s or Goods Leyyed by Yirtue of this Act, & the Same Issue by order of any two of the said Justices, & the Major part of the sd Vestry men, for the use, Intent and purpose aforesaid. And the Church Wardens shall, as often as thereunto required, yeild an Accot unto the Justices and Vestrymen of ail their receipts and Disbursements ; And in case they Shall neglect to do the same, they Shall respect- iyely forfeit fiye pounds Currant Money aforesaid for eyery refusall. And be it further Enacted by the authority, aforesaid, That the said Church Wardens Shall, by Warrant, as aforesaid, pay unto the said Rector the Maintenance aforesaid at four equal and quarterly payments, under the penalty of ffiye pounds Cur- rant Money aforesd for eyery refusai, neglect or Default. And be it further Enacted by the authority aforesaid, That the fines, Penalty’s and fforfeitures menconed in this act shall be one Half to the use of the poor of the said City, and the other half to him or them that Shall or will prosecute for the Same before any of her Majties Justices of the Peace for the City of New York, for the time being, who are hereby required within fforty day’s after any Complaint Shall be made to him or them by any person or persons of the breach of this Act, by reason of any person or per- sons not Doing the Duty hereby required to be done and per- formed by him or them, he or they shall Sumon the said person or persons So neglecting or refusing as aforesaid, and the matter being heard before him, Shall giye Judgment and grant Execu- tion thereon against the party offending; and Shall Imediately thereupon appoint an other fitt person to do and perform what ought to haye been done and performed by the sd party Offend- ing. And if the said person so appointed as aforesaid, Shall neglect to do and perform his Duty herein, he Shall be Subject to the like penalty as if he was Duely Elected, Any former Law, usage or Custom to the Contrary hereof in any wise Not- withstanding. 69546 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 135.] [Chapter 135, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 227, 260. Title only is printed in Baskett, p. 72. The act referred to is chapter 114.] An Act for the better and more Speedy Recovery of the fforfeitures of Six pounds, for Persons not appearing upon Detachmenlts .and performing the Service required Accord- ing to the purport of An Act of Generall Aussembly of this Oollony made in the flrst Year of her Matys Reign Entituled An Act for the better Setling the Mlitia of this Province &c [Passed, Jtme 19, 1703.] WHEREAS by An Act of Generall Assembly of this Colony, made in the first Year of her présent Matys Reign, Entituled, An Act for the better Setling the Militia of this Province, and making it more usefull, for the Security and Defence thereof, and for the Repealing of ali former Acts heretofore made in this Province, Relating to the same; It is amongst other things Enacted, That when-ever it shall so happen, That Money shall be raised by Act of General Assembly of this Colony for the raising and paying of men for the Defence of the ffrontieers, the Several and respective Captains, and other officers Comanding the Com- panies Respectively, for the time being, shall and may, by virtue of the siaid Recited Act, Appoint or Detach, Such and So many, of the respective Oompanys as shall be required for that Service, by the Captain General or oither Superior Officers, by leaving a Note in Writing at their respective Houses, or last place of abode; Signifying when and where they shall appear, Ten dayes Inclusive before the day of such appearance; And if any person or persons for whom Such Note shall be left, as aforesaid, shall not appear at the time and place appointed, and perform the Ser\Tice required of him, he or thev shall forfeit the Sum of Six pounds, to be recovered by the respective Captains or other Officers in the respective Courts of Comon Pleas of Such County or place where such Offence shall be Oomitted, or offender shall be found, by Accon of Debt, Bill Plaint, or Informa,con, in which no Protection, Essoyn, Imparlance or Wager of Law shall be allowed, w’ch forfeitnre of Six pounds is to be applyed and given to the use of Such per- son or persons who shall be Sumoned to appear and Serve in the Boom of Such Offendor makeing Default of appearance asLAWS OF THE COLONY OF NEW YORK. 547 aforesaid. And whereas the said Course and Method of pro- ceeding appointed by the above Recited Act for the Recovery of the said fforfeiture of Six pounds aforesaid iis to tedious & Deia- tory to Effect the true end and Désigné of the siaid Act, by reason the said Courts of Comon Pleas are Seldom held, and of short Continuance, so that the said fforfeitures cannot so Speedily be had and Obtained as the service and applioacon thereof requires. For help and remedy of which Mischeife and Inconvenience. Be it Enacted by his Excel the Governour & Counoil and Représen- tatives of this Colony in General Assembly Convened, and by the Authority of the Same. That from and after the publicacon of this Aet the said penalty or forfeiture of Six pounds in and by the said above recited Act Set and appointed as aforesaid shall not be Sued for, had or recovered in the said Courts of Comon Pleas or any of them by Accon of Debt Bill, Plaint or any Accon or Informacon whatsoever to be Comenced prosecuted or fol- lowed thereby anv person or persons whatsoever. But that it shall and may be lawfull thence fforward, for the better Recovery of the penalty or fforfeiture aforesaid, for every Captain or other Officer of any Militia Troop or Company within this Colony to apprehend and take into his or their Custodys wherever they shall be found Such persons or personis of their respective Troops or Companys who being Detacht or to be Detached according to the purport of the said Recited Act shall Incur the penalty and fforfeiture thereof, and the said person or persons So apprehended and taken into Custody to hâve and Carry before any three Jus- tices of the Peace (one of which to be of the Quorum) of the County Town or place wThere such person or persons were Inhabiting or Re- sideing at the time of Incurring the penalty and forfeiture afore- said. The which Justices of the Peace shall be and are hereby Authonzed and Impowered upon Conviction of the Offendor, by Confession or otherwise by warrant under their hands and Seales to order and appoint the Levying and raising of the said Penalty or fforfeiture of Six pounds aforesaid upon and out of the Proper goods and Chattles of the Offendor if he hâve any, and for want thereof by like warrant to Comitt the said Offendor to Goale there to remaine one whole year without Baile or main- prize unless the said fforfeiture be sooner paid. And Be it further Enacted by the Authority aforesaid that ail and every Article Clause and thing in the said before recited Act menconed and Contained touching and Concerning the Sueing for or Recovery of the said fforfeiture of Six pounds only therébv appointed is and are, in and by these présents fully Cleerely and absolutelv Repealed Annulled and made void, and So declared to Stand and be, to ail Intents and purposes whatsoever, as if the548 LAWS OF THE COLONY OF NEW YORK. Same had never been therein Incerted. Provided alwayes that the said Sum of Six pounds fforfeiture aforesaid when and as often as the Same shall be Levyed and Raised upon any of the Offendors aforesaid, their goods or Chattles, the same shall be paid and Delivered to each respective Captain or other Officers aforesaid for the use and benifit of Such person or persons who shall do Duty for and Supply the place and Stead of the Offendor or Offendors according to the Direction and appointaient of the said Act any thing in this présent Act being Conteined to the Contrary thereof in any wise howsoever. Provided That this Act shall be of fforce no longer than the before recited Act. [CHAPTER 136.] [Chapter 136, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 221, 254. Title only is printed in Baskett, p. 72. The act referred to is chapter 122.] An Act to Supply the Defects of An Act of General Assembly made in the first year of her présent Maties Reigne Entituled An Act for appointing and Enabling Commrs to take State and Examine the Accounts of the Revenue of this Colony and the necessary Contingent Charge of the Goverment [Passed, June 19, 1703.] WHEREAS in and by one Act of General Assembly of this Colony made in the first year of her Ma’tys Reign Intituled An Act for appointing and Enabling Commrs to take State and Examine the Accots of the Revenue of this Colony and the neces- sary Contingent Charge of the Goverment. Rip Yan Dam Stephien De Lancy John Barberie Thomas Wenham and David Jamison Gentl hâve been and were Constituted and appointed Commrs for takeing Stateing and Examining the Accots in ye said Act menconed, and to make returne of their proceedings therein unto ye House of Représentatives, the first day of this présent meeting or Sessions of Generall Assembly of this Colony, The wch matters hâve not nor could not be so well and Effectually done and performed within the time Limitted as aforesaid, not onely in respect of the shortness of the said time but for want of Sufficient powers and Authorityes, to the said Commrs in and by the said Act to hâve been given, for Supply and Remedy whereof, Be it Enacted and it is hereby Enacted by his Excellency, the Governour and Council, & Représentatives in General Assembly Conveened and by the Authority of the Same That the Said RipLAWS OF THE COLONY OF NEW YORK. 549 Van Dam, Stephen De Lancey, John Barberie Thomas Wenharn and David Jamison and every of them are and shall be further Constituted, Continued and appointed Commis for takeing, stateing, & Examining the Acco’ts in the said before Recited Act menconed or Intended, with ail the Powers, Authorityes, Priviledges and Advantages w’tsoever to them the said Comm’rs, or any of them by the said Act given, from ye first day of this présent Sessions of Generall Assembly for and dureing the time and Space of Eighteen moneths from thence to be Computed and Reckoned any thing in this or the said former Act to the Oontrary thereof in any wise not wthstanding. And for the better attaining accomplishing, and fulfilling the end and désigné of this and the before recited Act, acoording to the trne Intents and meanings thereof. Be it further Enacted that the Commrs aforesaid or any three of them from time to time dureing the Continuance of this Act, shall hâve power to and may by Warrant or Warrants under their hands and Seals, Send for Persons, Papers and Records and Books of Accot Such and So many of them as to them the said Commrs in their pru- dence and Discrétion shall be thought fit and necessary to be Inspected or Examined by them touching and Concerning only the Accots aforesaid, And that in Case any person or persons resideing within the City of Newyork on wliom. Such warrant or warrants shall be duely Served shall not Comply therewith, and give Obedience thereto within the Space of three dayes next after the Serving thereof as also ail other person and persons resideing in any other place within this Province at Such time and times as the said Commrs shall appoint having regard to the Distance of their abode without just Excuse for such their neglect and Disobedience therein to be allowed by the said Commrs or any three of them. That then and in such Case it shall and mav be further Lawfull to and for the said Commrs or any three of them by like warrant or warrants under their hands & Seals to Comit such person or persons not Complying and giveing Obedience as aforesaid, to the Comon Goal of the County, Towne, or place where the said person or persons so to be Comitted shall then Inhabit or Résidé* there to Continue and Reamin untill they shall Comply and give Obedience as aforesaid or otherwise answer upon Oath to Such questions or Interroga- tories, as by the said Commrs or any three of them shall be put or Exhibited to them, The wch Oath, question, and Inter- rogatoires, the said Commrs or any three of them shall be & are hereby from time to time as often as occasion requires Impowered to Administer put and Render respectively in Course & order.550 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 137.] [Chapter 137, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 203, 236. Title oply is printed in Baskett, p. 71.] A Bill for raising ffifteen hundred pounds toward Erecting two Batteries at the Narrows, or passage between Staten and Long Island. [Passed, June 19, 1703.] Wbereas the said passage oalled the narrows leading from |the main Sea into the bay or barbour of the City of New York if the same were fortified and made defenceable would be a great securîty not only to the said City but toi great part of this and the Neighbouring Colonies from the Insults of our enemîes which lying open hait h some time since given Incouragment to Strangers in a bold and warlike manner to en'ier our port and Sound our Channells to the Surprize and Terror of this City; ffor the pré- vention of which & of greater dangers & Inconveniences w’ch may happen in time to corne and towards the assisting his Excel- lency the Lord Oornbury her Majties Gaptaini Generall and t Governour in Cheif in and over this Colony in erecting two Bat- teries, and on each side of the narrows af^r.said for j 7 the Defending and fortifying the same The General Assem- bly pray that it may be Enacted and be it Enacted, by his Excellency the Governour with the Consent of her Matys Council and General Assembly and by the Authority of the Same; That ail and every person and persans who at the time of the Execucon of this Act shall be in the Severall Ranks and Stations and Circumstances as hereinafter is menconed and Expresst shall to the purpose aforesaid Comtribute and pay the Severall sume and Sums of nioney hereafter in this Act set do-wn and appointed (That is to say) every Person who has the Honour to be of her Ma’tys Council for this Colony shall pay the Sum of fforty shillings, Every person Elected and Returned to Serve as a Reprsentative in Generall Assembly the Sum of Twenty shil- lings, every person practiceing the Law as a Councillor Attorney Proctor or Solliciter the Sum of Twenty shillings Every person wearing a Peruwigg the Sum of five shillings and Six Pence Every Batchelour being a Freeman of the Age of five and twenty Years and upwards the Sum of three Shillings Ever Free- man of the Age of Sixteen Years and upwards the Sum of Mne pence besides what is hereinbefore Expressed. The Master orLAWS OF THE COLONY OF NEW YORK. 551 Mistress of every Slave of the âge of Sixteen years and under Sixty the Sum of one shilling for*each such Slave. And Be it further Enacted by the same Authority, That for the purpose and end aforesaid, there is hereby Granted and shall be Laid, and Levyed and paid the Sum of three pence on each Gallon of Dis- tilled Liquors, that is or shall be Distilled from any matter or tliing Soever (Grain of the Growth of the Colony only Excepted) during the space and Terrn of one whole year from the Publica- con of this Act. And be it further Enacted and Ordained by the Àuthority Aforesaid, That for the better ordering, Levying, Col- lecting and paying, the Sums of Money hereinbefore menconed and appointed, The Severall Collectors for the time being within ! the Several Citys, Towns, Wards and Products within thisj Colony, of the publick and necessary Charge, within the Space of j fforty Days after the Publicacon hereof, shall take & make an Exact, true And perfect List and Roll of ail Such Free-men, and j also of ail Such Slaves as at the Publicacon hereof shall bej Dwelling or Residing within their respective Towns, Wards and Precincts within this Colony, and a true Coppy of such Lists and Rolls shall be Delivered to the Clerk of each Respective City and County within this Colony, and shall Demand and Receive of each the Several person or persons Chargeable by this Act, the Several and respective Sum and Sums of mony Lmntted and appointed by the Same; and the said Sums of money so being reced, shall on or before the twenty Nineth day of September next, pay the Same unto the Commissioners appointed to exé- cute the office of Collecter and Receiver General of this province, or to the Collector and Receiver General of this province, for the time being; And if any person or persons shall refuse to pay the Several Sum and Sums and proporcons appointed by this Act for such person or persons to pay, upon Demand made by the Collector of the Place where Such person or persons Shall Dwell, Inhabit or Résidé, it shall & may be Law- full to and for Such Collector, for non-payment thereof, to Dis- trein the person or persons so refuising by his or their Goods and Chattles, and the Distress so taken to keep by the Space of four dayes, at the Costs and Charges of the owner thereof; and if the Said owner do not pay the said Sum or sums of money so dis- trained for within the said four days, then the said Distress to be publickly Sold by the said Collector, for the paymient of the said money, and the overplus coming by the said Sale (if any be) over and above the Charge of taking and keeping the said Dis- tresse, to be Immediately restored to the owner thereof. And be it further Enacted by the Authority aforesaid, That every house-holder, being Master or Mistress of a ffamily, shall552 LAWS OF THE COLONY OF NEW YORK. within two dayes after Demand made b y any Collector of that place or precinct wherein such Householder being Master or Mistress shall Dwell, Deliyer to the said Collector a true and perfect List of ail Persons who are ffreemen aboyé the Age of Sixteen Yeares, that shall be Inhabiting or residing in their Respective ffamilys, as also of ail Slaves above the Age of Sixteen years, and under Sixty, he or she shall be owner of, or in his or her Service, Keeping or possession, and if any Such Master or Mistress shall make Default of Such Delivery, being thereof Convicted before any oneof her Ma’tys Justices of the Peace (who are hereby Impowered and Authorized ta hear, Examine and Détermine the saune) he or she shall forfeit fhe Sum of Twenty shillings; and for every person Omitted out of Such List, as aforesaid, Ten shillings, the one Moiety of Such forfeitures to be to the Informer, and the other half towards erecting the Batteries aforesaid; which forfeitures shall be Levyed by Distress and Sale of the Offendors Goods, Rendring the Overplus to the owner. And for the Better Levying and Receiving of the said Duty of three pence per Gallon on ail Distilled Liquors, as aforesaid, Be it Enacted by the Authority aforesaid, That ail Distillers of Strong Liquors within this Colony shall weekely make true Entry wth the Collector of that Town, Ward or* Precinct, in or under which they Live, of ail strong Liquors Distilled or made fit for sale in that week respectively, and pay and1 Cieare the Duty and Excise thereof forthwith, upon pain of forfeiture of Twenty pounds for every week they or any of them shall neglect to make such Entry, or pay the Duty & Excise hereby Granted and appointed, to be Levyed by distress and sale of the Offendors Goods and Chattels, rendring the overplus to the owner, The Charge of the Distress and Sale first being Deducted, which said forfeiture shall be disposed and applyed also towards the erect- ing the Batteries aforesaid. And be it Enacted by the Authority aforesaid, That if any Dis- pute or Controversy shall arise between any of the Collectors and the respective person or persons Chargeable with any Sum or Sums of money by this Act, Conoerning the Age of any person or persons, ffreemen or Slave, the saune shall be Ascertained & Decided by the next Justice of the Peace where such person or persons shall Dwell or résidé, who is hereby Authorized to Déter- mine the same, and whose award therein is hereby Enacted to be valid in that behalf. And whereas the abuse & misapplieacon of the publick moneys from finie to time heretofore Raised and -Levyed for the Comon Benefit and necessary Support and Defence of this Colony, is too Notoriously known and felt, Be it further Enacted by theLAWS OF THE COLONY OF NEW YORK. 553 authority aforesaid, That the Commissioners for executing the office of Collector and Receiver General of this province or the Collector and Receiver General thereof, for the time being, to whom the moneys to be raised by this act are before appointed to be pay’d by the several Oollectors and Receivers of the same, shall keep a distinct and seperate account of their Receipts and pay- ments of the said moneyes from ail other moneyes whatsoever, and the same Exhibit to the General Assembly for the time being, when therennto Required. And be it hereby further Enacted That the Collector of each respective ward, Town, Mannor and Precinct shall be allowed to take and receive to himself Nine pence for each Pound he or they shall so Collect and pay, as aforesaid. And that the said Treasurer shall retain and hâve Twelve pence for every pound for what moneys he shall receive and pay as aforesaid. And be it further Enacted by the Authority aforesaid, That if any person or persons, who shall be Chose Collectors in manner aforesaid, shall neglect, deny or refuse to collect or pay in any sum or Sums of money in form before menconed, That then and in Such Case, it shall and may be Lawfull for any two of her Ma’tys Justices of the Peace of the Citys, Countys, Towns & mannors where such offendors shall happen to Dwell or résidé, (who by vertue of this Act are required and Impowered to do the Same,) to Comit Such Collectors So denving, neglecting or refusing to Collect, Receive and pay, as aforesaid, to the Comon Goal, there to remain without Bail or Mainprize till he or they shall make ffine or Ransom to her Ma’ty for Such Contempt, as aforesaid. And be it further Enacted by the Authority aforesaid, That what person or persons soever shall lend any Sum or Sums of Money, not Exceeding the Sum of ffive hundred pounds, upon Crédit of this Act, for the ends and purposes therein menconed, and shall pav the Same unto the Commissioners for executing the office of Collector and Receiver Generall, or the Collector and Receiver General of this Colony, for the time being, shall hâve and Receive back the Sum & Sums of money So by them advanced, So Soon as the Same can be Collected, with Allowance after the Rate of Ten per Cent pr Ann untill they shall be reim- bursed the moneys lent or alvanced as aforesaid Provided always, That it is the true Intent and meaning of this Act, that no Article or Clause herein Contained shall be Construed to Extend to any Military officer or Souldier in her Ma’tys Immédiate pay. Provided also, That if any of the Distilled Liquors, Chargeable in this Act, and whîch shall hâve paid the Duties aforesaid, shall IQ554 LAWS OF THE COLONY OF NEW YORK. at any time before the end and expiration of this act, be Exported ont of this Colony, the person or persons so Exporting the Same, shall reçoive from the said Commissioners for managing the office of Collecter and Receiver Generall of this province, or the Collecter and Receiver General of this province for the tkne being, the Sum of One Penny half penny p Gallon for each Gallon so Exported, upon Proof made upon Oath that the said Distilled Liqnors are the Same wch hâve paid the Duty aforesaid, and that such Liquors hâve been Landed in some other Plantacon Territory or Colony, which Oath the said Commissioners for managing the office of Collector and Receiver General of this province, or the Collector and Receiver Generall for the time being, is hereby required and Authorized to Administer. [CHAPTER 138.] [Cbapter 138, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, pp. 218, 251; Baskett, p. 63. The act was confirmed by the Queen, May 20, 1708. (See Fowler’s Bradford, p. CXXXVIII.)] An Act to Assertain the Assize of Casks, Weights, Measures and Bricks within this Colony. [Passed, June 19, 1703.] WHEREAS nothing is more agreeable to Comon Justice and Equity, nor for the good and benefit of any People or Goverment, who live in Community and friendship together, Than that they hâve one Equal and Just Weight and Ballance, one true & per- fect Standard and Assize of Measure among them, for want whereof, Expérience shows that many frauds and Deceits happen, wch Usually fall heavy upon the meanest and most Indigent Sort of People, who are least able to bear the Same, and may be accompted little becter than oppression, ffor Remedy of which Evil, Be it Enacted, And it is hereby Enacted by his Excellency the Governour, by and with the Adviee and Consent of her Mt’tys Council & Représentatives of this Colony, in General Assembly Convened, And by the Authority of the same, That from & after the first day of August next, no Cooper or other person or persons whatsoever within this City or Colony, shall make any dry Cask or Yessell but of good and well Seasoned Timber and of the respective Dimensions following (that is to Say) Every Hogshead to be forty Inches long thirtv three Inches in the Bulge, and Twentv Seven Inches in the head. Every Tierce to be thirty Six Inches long, Twenty Seven Inches in the Bulge and twenty three Inches in the head. Every Barrel to be thirtyLAWS OF THE COLONY OF NEW YORK. 555 Inches Long, twenty Six Inches in the Bulge, and twenty two Inches in the head. Every half Barrel to be Twenty five Inches Long. Twenty Inches in the Bulge and Sixteen Inches in the head. Eyery Quarter Barrel to be twenty Inches Long, Sixteen Inches in the Bulge, and thirteen Inches in the head. Ail Tite Barrels to Contain thirty one Gallons and a half of Wine Measure each, and not to exceed or be half a Gallon over or under the same, and ail other Cask to Contain in proporcon to a Barrel, upon the penalty of five shillings for every offence Comitted to the Contrary hereof, to be paid by the maker or user of Such Casks or Yessels in whose hands the said Offence shall flrst happen to be known or discovered. And for the prévention of other frauds and deceipts that may be in Casks made aforesaid, according to the respective Dimen- sions aforesaid, Be it further Enacted by the Authority aforesaid, That from & after the said first day of August, ail and every the Cask & Casks wch shall be Imployed or used for the Stowing or packing of fflower or Bisket within this City or Province for the transportation thereof, or otherwise in any way of Merchan- dize before any the said Goods or Comodities shall be put or packt therein, shall be truely weighed and the Just weight and Tare thereof be Set with a Marking Iron upon the head of each Cask so Imployed, as aforesaid, together with the name of each respective person using or Imploying the same, upon the penalty of Nine pence to be paid for every neglect herein by the person or persons respectively on whose Accot any of the Goods or Commodities aforesaid shall to the Contrary hereof be stowed or packed, as aforesaid. And be it further Enacted by the Authority aforesaid, That from and after the first day of August aforesaid, there shall be one Just Beam or Ballance, one Certain Weight and Measure, & one yard, that is to say, Averdupoise and Troy weights; Bushells, half Bushell; pecks & half pecks accord- ing to the Standard of her Ma’tys Exchequer* in her Realm of England, thro’out ail this Colony, as well in places priviledged as without, any usage or Custom to the Contrary notwithstand- ing, And that every Measure of Corn shall be Striked without heap, & whosoever shall Sell, buy or keep any other Beam, Weight, Measure or yard than as aforesaid, whereby any Corn, Grain or other thing is bought or Sold, from & after ye time Limitted, as aforesaid, shall forfeit for every such offence Twenty, shillings. And that for the better Observance, & putting in Execucon of this Act, fit persons be appointed in ail Counties and Oityes within this Colony for the Sealing & marking ail Beams, Weights, meaisures and yards to be used within the respective Counties556 LAWS OF THE COLONY OF NEW YORK. & Cities aforesaid, with the Letter A, according to the Standard of lier Matys Exchequer in England, that the Same may be known thro’out this Colony; & that his Excel the Governour aforesaid be desired to nominate & appoint Such fit persons in ail proper place® within this Colony aforesaid, the which respective per- sons when Nominated and appointed shall take for their pains in Sealing & marking ail Such Beams, Weights, Measures and yards as shall from time, to time for that purpose be brought into them the rate of Nine pence, Except Weights and Small Liquid Measures w’ch Shall pay onely one peny each & no more on penalty of five shillings for the least Exaction therein, Save- ing alwayes nevertheless unto the Cities of Newyork Albany & Burrow of WestChester and the Mayors thereof for the time being ail Such Rights privilèges & usages as they Respectively can Justly claime as Clerks of the Market within the said Cities and Burrows or otherwise howsoever any thing herein.Contained to the Contrary thereof notwithstanding. Be it also further Enacted bv the Authority aforesaid that from and after the first day of August aforesaid no person or persons be he Master or Servant, shall make or Suffer to be made in any place or places within this Colony any Bricks or Kilne of Bricks but Such as shall be well and throughly Burnt, & of the Size and Dimensions following (that is to Say) Every Brick to be and Contain Nine Inches in Length, four Inches & one quarter of an Inch in breadth and two Inches and one half Inch in the thickness thereof ail well Struck off in good & workmanlike order and manner, & made of well & Right tempered Mould or Clay on the penalty of Six shillings for every neglect herein to be paid by the Master or owner of the said Bricks or Kilne in whose hands or wheresoever the neglect or offence aforesaid shall be discovered or found out, Except Well Bricks. And it is hereby also further Enacted that from and after the time Litnitted as aforesaid, no other Casks, Beams, Weights, Measures, Yards or Bricks shall be used within this Colony than Such as aforesaid Except Well Bricks and Such other Bricks as are already made or to be made before the Commencement of this Act on the penalty of Twentv shillings to be paid by the person or persons, useing the Same, or anv of them. PROVIDED alwayes that ail and every the penalties and for- feitures in and by this Act set & appointed as aforesaid shall be one halfe to the use of the poor of the Parish Towne, or place, where the Default or offence happens to be, the other Moiety thereof to the use of any person or persons who shall Inform & Sue for the same forfeitures in any of her Ma’tvs Courts of Record within this Colony or else to be recovered to the usesLAWS OF THE COLONY OF NEW YORK. 557 aforesaid upon Conviction of the offendor by tbe Oath of one Suffîcient Witness before any Justice of Peaoe, Mayor, or other bead Officer of tbe City, County, Towne or place Respectively wbere the Offence against or Breacb of tbis Act shall be Comitted (wbo by vertue of tbis Act shall bave power to Administer An Oatb in that bebalf) by Way of Distress and Sale of tbe Off endors goods and Chattles, tbe over-plus, if any be, after Charges of tbe Distress Deducted, to be returned to tbe owner thereof, and wbere no Distress can be bad, Tbat it shall .& may be Lawful to & for any Justice of Peace, Mayor, or bead Officer aforesaid, to Comit tbe said Offendor or Offendors to Prison or Goal, tbere to remain witbout Bail or Mainprize untill be or they shall pay the penaltyes & forfeitures aforesaid, for w’ch they shall be so Committed, to tbe uses aforesaid. Provided also, Tbat no Prosecucon shall be for any of ye for- feitures aforesaid but w’thin three Months after ye Respective facts or offences Committed, any tbing herein to» ye Contrary bereof notwitbstanding. [CHAPTER 139.] [Chapter 139, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 206, 239. Title only is printed in Baskett, p. 71. The act referred to is chapter 86, eualties & forfeitiures as is Contained menconed & enjoyned in & by an Act of Generall Assembly made in the Second Year of the Reign of Her présent Maty Queen Anne, Entituled an Act for the better Explaining & more Effectuai putting in Execucon, an Act of General Assembly made in the third Year of the Reign of the latie King William & Queen Mary. Entituled, An Act for Defnaying the Publick & necessary Charge thro’out this Province and preventing Vagabonds, as fully and in like manner to ail Intents & purposes as if the same were particularly recited and Set down in the Body of this Act.LAWS OF THE COLONY OF NEW YORK. 571 And be it also Enaoted by the authority aforesaid tbat the Several Sum & S unis of money before menconed, shall at or before the Twenty N inet h day of September next by the Severall and respective Oollectors of the City s, Towns, Mannors, Libertys and Districts for which they respectively do serve, be paid into the Treasurer of their respective Citys and Countys. And fur- ther that the Severall and respective treasurers of the said Citys and Countys, shall and are hereby Directed, authorized and required to pay & Sattisfv, the said Mr. Jeremiah Tothill the Severall and respective Sum & Sums hereinbefore menconed proportioned & appointed on or before the siaid last day of Octo- ber next ensueing at Newyork aforesaid, and without further Delay, to be applyed appropriated and Disposed to the use and purpose aforesaid, & no other use or purpose whatsoever under Such pains & penalties as by the said recited Act of Generall Assembly made in the Second year of the Reign of her présent Maty, & in this Act before menconed is appointed, Enacted set forth & Exprest. [CHAPTER 143.] [Chapter 143, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 237, 270. Title only is printed in Baskett, p. 75. (See chapter 139.)] An Act for the better Explaining An Act made in the Second Year of her présent Ma’tys Reign, Entituled An Act to Oblige per- sons to pay their Arrears of One thousand pounds taxe granted by Act of Generall “Assembly of this Colony in the Twelfth year of our late Soveraign King William the third of blessed Memory, for building a ffort at Onondago for the Securitv of the flve Nations of Indians, & for the remedying some Irregu- lar proceedings Comitted in Kings County in the Execucon of the said Act. [Passed, June 27, 1704.] WHEREAS there was a Tax of One thousand pounds layd upon this Colony by Act of General Assembly in the Twelfth Year of the Reign of King William the third, for building a Fort at Onondago &c and upon the Levying of Kings Countys propor- tion of said Tax, the Publick and necessarv Charge of the said County was Added to the same Proportion which together amounted to the Sum of Three hundred pounds & was promis- ciously Assessed and laid on the ffreeholders & Inhabitants of572 LAWS OF THE COLONY OF NEW YORK that County, and part thereof Levy’d, Oollected and paid in, to Discharge the Proporcon of the said Tax of One thousand pounds, and other part thereof Levyed Collected and paid in towards Defraying the said Publick & necessary Charge of the said County, and whereas upon the putting in Execucon the said Act made in the second Year of the Reign of her présent Ma’ty to Oblige the payment of the Arrears of the said One thousand pounds many Disputes Difficulties and questions hâve arrisen & divers bardships & Inconveniencyes may probably happen if not prevented. For the avoyding of which Re it Enacted by the Gov- ernr Oouncil & Assembly and it is hereby Enacted by the Author- ity aforesaid that the severall Collectors for the respective Towns within Kings County who were then Chosen & appointed to Levy & Collect the said Tax or in Case of Death or removall, the Col- lector or Collectors for the time being shall & are hereby directed, Impowered & required to Levy & Collect the Arreares of the said three hundred pounds according to the then Assessment thereof made of and from the Severall & respective persons in the said County Chargeable therewith who hâve not already paid the same, & the Sum so levyed and Collected with those Sums now remaining in Such Collectors hands of that Assessment & not paid in shall forthwith be paid, in to the Treasurer of the said County, who out of the same shall Immediately, pay into the Collecter or Receiver Generall soe much as shall Oompleat the Sum of One hundred fforty seven pounds being the propor- tion of the said One thousand pounds Tax wherewith the Same County was Burthened & the Arrears of the said One thousand pounds Tax menconed & Intended by the said Act of Assembly in the second Year of her présent Ma’ty, & that ye remainder thereof be & remain in the said Treasurers hands till Issued forth according to the Laws of this Colony towards defraying the publick & necessary Charge of the said County any thing in the said Acts of Assembly or any other Law, usage or Cus- tome to the Contrary hereof in any wise notwithstanding. And be it further Enacted by the same Authority That the said Treasurer and Collectors and every of them shall hâve the same powers and Authoritys, priviledges & Advantages for the putting this Act in Execucon and be Lyable to and undergoe the same Pains and penaltys in Case of any Omission, neglect or Abuse as the Collectors in any or ail the said Acts of Generall Assembly are Invested with or Lyable unto as if the same were specially & perfectly menconed in this Act.LAWS OF THE COLONY OF NEW YORK. 573 [CHAPTER 144.] [Chapter 144, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 233, 266; Baskett, p. 74. Confirmed by the Queen, May 20, 1708. (See Fowler’s Bradford, p. CXXXIX.) See chapter 131,] A Bill for the better Laying ont Regu- lating Clearing andl Preserving Publick^ Oomon Highways in this Colony and for the Erecting and Building a Oounty Jaile and County House in the Oounty of Richmond, [Passed, June 27, 1704.] WHEREAS by An Act of General Assembly madé in the second Year of the Reign of her présent Maty, Entituled, An Act for the Laying ont, Regulating, Clearing and preserving, publick Comon Highways thro'out this Colony. It is Enacted that ail the Roads & Publick Highways by the said Act Intended shall be of four Rods at the Least in Such as then were used and laid out, and ail new Publick Roads or Highways that should be laid out by virfue of the said Act be of the breadth of Six Rods English Measure, And for the better putting in Execucon the said Act, Commission ers were in and by the same appointed, Nominated, Impowered and required with ail Convenient Speed to put the said Act in due Execucon thro’ the respective Countys & Districts for w’ch they were nominated and appointed. Forasmuch as the County of Richmond being Small, & to prevent as much that Land may not lye Wasted & be rendred useless and the Inoonveniency Charge and Burden that may attend sun- dry persons and by reason the Inhabitants of the County hâve but small Tracts of Lands, & want the benifit of Commons as other Countys in this Colony Injoy. And for the Speedy and Effectuait putting in Execucon the before recited Act. Be it Enacted by the Governour Oouncil & Assembly and by the Authority of the same. That the great Road within the County of Richmond shall only Extend in breadth four Rod English Measure and no more,& the Lesser Roads in the said Oounty shall be of the breadth of three Rod English measure and no more Except and always provided where and when a Road is or shall be Directed and Laid out thro’ any persons Land who bÿ his Patent is Obliged to allow a greater breadth for Roads and High- ways any thing in the said recited Act menconed to the Con- trary hereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That ail the Inhabitants in each respective Division within the said574 LAWS OF THE COLONY OF NEW YORK. County shall Contribute Aid and Assist to Clear repaire amend and preserve ail such Highways which are or shall be appointed and laid eut within the said County by the Commissionrs nomi- nated in the before recited Act And the siaid Commissionrs are hereby Impowered to make out & Send orders from time to time to summons the Severall Inhabitants of their respective Divisions within the County of Richmond for the Clearing, Repairing, and preserving ail and every or any part of the Roads and High- ways made or to be laid out as aforesaid and ail and every Inhabi- tant, Refuseing, Delaying and Denying to Obey any such order or Sumons of the said Commissioners as aforesaid shalj forfeit and pay for every Such Offence six shillings Current money of this Colony and on Non-payment thereof, the Commissionrs aforesaid on Oath made before the said Commrs by one Crédible Witness of Such neglect, refuseing Delaying or Denying to obey any order or Sumons are hereby Authorized and Impowered to Issue forth their Warrants under their hands and Seals to any Constable to make Distress & Levy the same on the Goods and Chattles of the Party or Partys so offending as aforesaid as in the said recited Act is menconed which fforfeiture shall be Imployed to the use and purpose aforesaid & the overplus (if any be) of such Distress and Sale after the Charges thereof shall be paid and Deducted shall be returned to the owner or person on whom such Dis- tress shall be made. And whereas there is wanting in the said County of Richmond a County Jaile and County House which the Inhabitants thereof are not Enabled by a particular Law to Assess Levy & Collect money for the building & Erecting the same. Be it further Enacted by the Authority aforesaid that the Justices of the Peace for the said County or the Major part of them at their Quarter Ses- sions or otherways shall hâve full power to order Direct and appoint under their hands the Building & Erecting Such County Jaile & County House aforesaid on Such Convenient place or places neer the middle of the said County (saveing the Property of others) & to Calculate, Settle, agréé, Estimate & Examine the Charge of Such Erections & buildings hereinbefore menconed which said Oalculacon & Estimate of the Charges Provided the Same do not Exceed the Sum of Two hundred pounds shall be Delivered with a Warrant under the hands of the Justices into the respective Assessors of each Division of the said County who shall equally, Justlv & Impartially Rate & Assess the ffreeholders & Inhabitants of the Said County which said Rate and Assess- ment shall be delivered unto the respective Collectors of each Division in the said County with ail Convenient Speed & the money So Collected shall romaine in the hands of the said Col-LAWS OF THE COLONY OF NEW YORK. 575 leotors who shall make payaient thereof for the uses aforesaid to such persons and in Such manner as shall be Directed and appointed under the hands of the Justices of the Peace of the said County or the major part of them, on the penalty of fforfeiting the Sum of Two hundred pounds for the uses aforesaid to be recovered in any of her Matys Courts of Record within this Colony. And the Assessors and Collectors before menconed that shall refuse to undertake the said Severall and respective Ser- vices or who shall neglect or make Default of their respective Dutys therein shall pay & fforfeit the Sum of Two pounds for Such refusall; and every wilfull Default & neglect of his Duty to be recovered & Levyed by Distress & Sale of the Oflendors Goods & Chattles by Warrant under the Hands & Seales of two Justices of the peace of the said County Provided Oath be first made of the said Offence before such Justices by one or more Crédible Witness wch said fforfeiture shall be Imployed to the use of the Building aforesaid & the overplus (if any be) of such Distress & Sale after the Charges thereof shall be paid & Deducted shall be returned to the owner or person on whom such Distress shall be made. [CHAPTER 145.] [Chapter 145, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 233, 266; Baskett, p. 73. Confirmed by the Queen, May 20, 1708. (See Fowler’s Bradford, p. CXXXVIII.) The act referred to is chapter 1.] An Act to Repeal the last Clause in An Act of Assembly Entituled An Act for the quieting and Setling the Disorders that hâve lately happened within this Province & for the Establishing and Securing their Matys présent Goverment against the like Disorders for the future. [Passed, June 27, 1704.] WHEREAS by one Act of Generall Assembly made in the year One thousand Six hundred Ninety one, Entituled, An Act for the quieting and Setling the Disorders that bavé lately happened within this Province and for the Establishing and Securing their Ma’ties présent Goverment against the like Disorders for the future. It was Enacted that whatsoever person or persons should by any manner of way, or upon any pretence whatsoever endeavor by force of Arms or otherways, to disturb the Peace good & quiet of this their Maries Goverment as it is now Estab- lished, should be Deemed & Esteemed as Rebells & Traytors576 LAWS OF THE COLONY OF NEW YORK. unto their Maties, & Incur the Pains, Penalties & fforfeitures as the Laws of England hâve for such Offences made and Pro- vided. And whereas her most sacred Majesty hath been graciously pleased out of ber princely Oare for the good and Safety of her Subjects in their Lives and Estâtes to observe in her Intruccons to the Governor that the meaning of the said Clause hath been of late misimterpreted to the oppression of her Subjects, and is pleased to direct that for preventing the like abuses for the future the said Clause should be repealed the Laws of England having Sufficiently provided for the true purposes thereof. Be it therefore Enacted and it is hereby Enacted by his Excel the Govem’ by and with the Consent of her Ma’tys Council & this General Assembly that the above recited Clause in the said Act and every matter and thing therein Contained shall be & is hereby Repealed, Annulled and made void to« ail Intents Constructions and purposes whatsoever anything in the said Recited act being to the Contrary hereof in any wise notwith- standing. THE NINTH ASSEMBLY. Fifth Session. (Begun Oct. 6, 1704, 3 Anne, Edward, Lord Oombury, Gover- nor.) [No acts were passed at this session.] THE TENTH ASSEMBLY. First Session. (Begun June 9, 1705, 4 Anne, Edward Lord Cornbury, Gover- nor.) [CHAPTER 146.] [Chapter 146, of Livingston & Smith and Van Schaack, where the act is printed in full. Tifle only is printed in Brinley’s Bradford, pp. 239, 278; Baskett, p. 80. Livingston & Smith and Van Schaack, state that this act was confirmed by the Queen, April 11, 1706. (See chapters 36, 152, 412, 812.)] An Act for the better Explaining & more Effectuai putting in Execucon an Act of General Assembly Entituled an Aot for Set- ling a Ministry & raiseing a mainteinance for them in ye Citv of New York County of Richmond West Chester & Queens County. [Passed, August 4, 1705.] WHEREAS by an Act of General Assembly made in the Year of our Lord 1693 Entituled an Act for Setling a Ministry &LAWS OF THE COLONY OF NEW YORK. 577 raising a Mainteinance for them in thé City of New York, County of Richmond, West Chester & Queens Oounty It was Enacted that there should be called, Inducted & Establish’d in the several places therein mencon’d a good sufficient Protestant Minrater to Officiate & hâve the care of Soûls & that there should be Annually Assessed, Levy’d, Collected & paid in every the respec- tive Cities & Countys aforesaid the several & respective Sums in the said Act mencon’d for the mainteinance of their Several & respective Ministers to be paid in Country produce at money prioe. And whereas in putting in Execucon the said Act many disputes Difficulties & Questions hâve arisen for the preventing & avoiding of whieh Be it Enacted bv the Governr. Council & Assembly, And it is hereby Enacted by the Authority of the same. That from henceforth If the Justices & Vestreymen of each respective County Parish or precinct of Richmond West- Chester & Queens County aforesaid who by the said Act .are Directed & Impowered to lay the Tax for the purposes aforesaid Shall not within Ten dayes next after the said Vestreymen shall be respectively chosen in such manner as the said Act directs lay a reasonable Tax on ye several & respective places for the several & respective maintainces in the said Act expressed. That then the respective Justices of the Peace of each County respectively or any two of them shall & are hereby required & ImpoWerd within ten daves next after such neglect or refusai! o»f the Vestrymen laforesaid to lay a reasonable Tax on the respective places aforesaid for the severall & respective mainteinances as they might hâve done by virtue of the said Act in default of the respective Freeholders Chuseing of the Vestreymen under penalty of five pounds for every respective Justice that shall neglect or refuse to do the same. And be it further Enacted by the Authority aforesaid that ail & every the payments that shall hereafter be made & paid to the respective présent Incumbents Inducted & Established at the respective places aforesaid by his Excellency the présent Govr & to ail & every the Incumbents who shall hereafter be presented Instituted and Inducted to the said respective places for their respective mainteinances pursuant to the said recited Act shall be made & paid to them respectively by the respective Church Wardens of every respective place in the Currant money of this Province any thing Contain’d in the said Act to the Contrary not- withstanding, and the same to be paid at such tiimes & in such manner &* under Such penalty as in the said Act the same is required & directed to be paid in Country produce. And for the more Effectuai putting in Execucon the said recited Act, Be it further Enacted by the Authority aforesaid 73578 LAWS OF THE COLONY OF NEW YORK. that ail and Singular tlie fines penalties & forfeitures menconed in this & the said recited Act shall be one halfe to ye poore of every respective County Parisli or Precinct where the same shal be incurr’d & the other half to him or them that shall or will prose- cute for the same before any of her Maties. Justices of the peace for the respective Counties for the time being where such penalty shall be incurrd as aforesaid who are hereby nsp ctively required Impowered & Authoriz’d within fforty days after any Complaint shalbe made to him or them by any person or persons of the breach of this or of the said recited Act by reason of any person or persons not doing his or their Duty hereby or by the said recited Act required to be by him or them perform’d and done, to Sumons the said person or persons so Complain’d against as aforesaid, & upon the partyes not appearing upon the said Sumons or the matter being heard before him shall give Judg- ment & grant Execucon thereon against the party so not appear- ing or offending. And shall Imînediately thereupon appoint another fitt person to do & performe what ought to hâve been done & performed by the said party Offending* and if the person so appointed as aforesaid shall neglect to do & performe his Duty therein he shalbe Subject to ye like penalty as if he had been duely Elected any former Law Usage*or Custome to the contrary thereof in any wise notwithstanding. And forasmuch as by the said Act ail & every the respective Ministers that should be settled within the respective Countys Parishes & Precincts aforesaid should be called to Officiate in ye respective places by the respective Yestry Men & Church War- dens within one Year next after the publication of the said re- cited Act now as an explanacon of the said Act & for preventingj any Controversies & disputes for the future touehing the same. It is hereby further Enacted & declared that the respective Yestrymen & Church Wardens for the time being of every respec- tive place, or Major part of the said Church Wardens & Yestry- men whereof one Church Warden always to be one shall & are hereby Impowered to eall & présent after the Death of the severall & respective présent Incumbents so Indueted & Estab- lished as aforesaid & for ever hereafter a good sufficient Protest- ant Minister within one year next after the avoidance of any of the said places respectively the same shall from time to time happen to become void wThich Ministers shall respectively be Instituted and Indueted to the said Churches of the said respect- ive places, & so as often as any or either of the said places shall become void. Provided nevertheless that neither this présent Act of General Assembly nor any thing herein contein’d shall be Construed orLAWS OF THE COLOYY OF MW YORK. 67S understood to extend to àbridge or take away the Indulgence or •Liberty of Conscience granted & allowed to any other Protestant Christians by any Law or Statute of the Realm of England or of this Plantation any thing in this Act contein’d to the Oontrary hereof in any wise notwithstanding. And lastly it is hereby Enacted and deelared by the authority aforesaid that the said Act of General Assembly made in the Year Sixteen hundred Yinety three hereinbefore recited and ail and every Clause, Article and thing therein contained shall Con- tinue and be in full force and Virtue Save so much only which by any former or this présent Act is altered or made void or other- wise, Directed, Deelared and provided for. .[CHAPTER 147.] [Chapter 147, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 233, 272. Title only is printed in Baskett, p. 80. See ch. 129:] AN ACT to enable the Justices» of the Peaee for the City and Oounty of Albany to raise the Sum of One hundred pounds for the Repairing or Rebuilding of a comon Goal & City & County Hall, over & above the Sum of îffour hundred pounds they were enabled to raise by an Act of the General Assembly made in the second Year of her Ma’tys Reign, Entituled, an Act to enable the Jus- tices of the Peaee for the City & County of Albany to Repair or to rebuild a Comon Goal, City & County Hall for ye said City & County, & to pay the arrears of their Pub- lick Charge. LPassed, August 4, 1705.] WHERE AS by an Act of the General Assembly of this Colon y, made in the second year of her Maties Reign, Entituled, an Act to enable the Justices of the Peaee for the City & County of Albany to repaire or Rebuild a Comon Goal ; City & County Hall for the said City and County, and to pay the Arrears of their Publick charge, It is Enacted that for & during the Terni and space of three years from & after the Publicacon of the said Act, it should be Lawful for the Justices of the Peaee of the said City & County, for the time being, or the Major part of them, at any time or tdmes with in the Term of Three Years, to raise such Sum & Sums of money, not exceeding four hundred pounds, during the said Term, upon the Freeholders & Inhabitants of ye Said580 LAWS OF THE COLONY OF NEW YORK. City & County, as they should Judge needful & requisite for tbe repairing or building a Sufficient Goal, City & County Hall, & other things needful & requisite for ye Administracon of Justice in tbe said City & County, & for paym’t of tbeir by past arrear- ages of the City & County Charge, to be Assessed, Levyed & paid according to the Direceons in the said Act at large exprest. And whereas the Justices of the Peace of the said City & County Since ye making of the said Act, hâve upon Examinacon, found that the said sum of four hundred pounds is not Sufficient to Compleat the matters aforesaid, Be it therefore Enacted, And it is hereby Enacted by his Excellence the Govr, Council & Assembly, & by the Authority of the sanie, That for & during the Term & Space in the aforesaid Act menconed, it shall & may be Lawful for ye Justices of the Peace of the said City & County, for ye time being, or the major part of’them, at any time or times, within the Term in ye said Act Lymitted, to raise ye Sum of One hundred pounds, over & above the four hundred pounds in ye said Act menconed, during the said Term, upon the Free- holders & Inhabitants of the said City & County, as they shall Judge needful for ye repairing or rebuilding of a Comon Goal & City & County Hall, & for no other use & purpose whatsoever; w’ch Sum of One hundred pounds, over & above the said Sum of Four hundred pounds, is to be Assessed, Colleoted, Levyed, paid & disposed of for the use aforesaid, & for no other use w’tsoever, in ye like manner & form, & under ye same rules S Direceons, as in ye before menconed Act is exprest, in as full & ample manner as if the same were in this présent Act particu- larly menconed & Exprest, any thing to ye contrary hereof in any ways notwithstanding. Provided alwayes, & be it further Enacted, That ye manner of Renslaerwick shall not be chargeable with any part of the said One hundred pounds, any thing to the Contrary hereof in this présent Act conteined in any wayes notwithstanding. [CHAPTER 148.] [Chapter 148, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Brinley’s Bradford, pp. 239, 278. The act does not appear in Baskett. Expired, October 31, 1707. See chapters 127 and 169.] A Bill for Enforcing and Continuing the Act for Encouraging A Post Office in this Province of New York for three Years from the Month of October which was in the year 1704. [Passed, August 4, 1705.] WHEREAS the Act of Generall Assembly of this Province made in the year one thousand Six hundred Ninety twoLAWS OF THE COLONY OF NEW YORK. 581 Entituled An Act for the Enconraging A Post Office. And also an Act made in the year One thousand Six hundred Mnëty fiye Entituled an Act for Continuing An Act for Encouraging the post Office three Years longer after the Expiration, of the said Act. And also another Act made in the year one thousand Six hundred Xinety Xine Entituled An Act for Continuing the Act for Encouraging the post Office two years longer after the Expira- tion of the last Act made for Continuance of the same. And also another Act made in the year one thousand seaven hundred and two Entituled An Act for Enforcing and Continuing the Act for Encouraging A post Office in this Province of Xew York for four years and one halfe year from the Month of April which was in the Year one thousand seaven hundred are ail Expired by their own Limitation the last of which Ended in the Month of October One thousand seaven hundred and four. And itt being found Yerv Advantagious to the Inhabitants of this Province by the preserving of Trade and Maintaining A Mutual Correspondence amongst our Xeighbouring Collony’s and Plantations that the same Should be Enforced and Continued. Be itt Enacted by the Governour and Council and Représentatives Conven’d in General Assembly and by Authority of the same that the Act Entituled An Act for Encouraging A post Office be Enforced and Continued for the Tenu of three years from and after the Month of October which was in the year one thousand seaven hundred and four and ail the Rates and Sums of Money Established by Yertue of the said Act upon letters and Pacquetts that shall be Received and dispatched by the Office and Offices Contained in the said Act Shall be paid by the Space of three years from And after the Month of October which was in the year One thousand seaven hundred and four According to Such Rules and directions and under such Penalties and forfeitures as is Contained and Enjoyned by the Said Act Entituled An Act for Encouraging A post Office and Every Article Rule and Clause therein Mentioned and Con- tained Shall be Abide Remain & Continue in full force and Effect to ail intents and purposes during the said Term of three years from and after the Month of October which was in the year one thousand seaven hundred and four and no longer as fülly and in like manner as if the same were particularly and att large Recited and sett down in the body of this Act Any thing Contained therein to the Contrary hereof in any wise Xotwithstanding.582 LAWS OF THE COLONY OF NEW YORK [CHAPTER 149.] [Chapter 149, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 234, 273; Baskett, p. 77. Revived by chapter 308.] AN ACT to prevent the running away of Negro Slaves ont of the Citty and County of Albany to the French at Canada. [Passed, August 4, 1705.] WHEREAS the Citty and County of Albany are the ffrontiers of this Province towards the ffrench of Cannada and that it is of great Concerns to this Collony dureing this time of warr with the ffrench that no Intelligence be Carryed from the said City and County to the French at Cannada AND WHEREAS the Justices of the Peace for the Said Citty and County at a Court of Sessions held at the Citty Hall of the Said Citty of Albany On the ffifth day of June of This présent year of our Lord One Thousand Seven hundred & ffive did recomend to the Représen- tatives of the Said Citty and County to lay before the Assembly of this Province now Conveened the ffears and Jelousies they hâve that Several Negro Slaves belonging to the Inhabitants there hâve a design to leave their respective Owners and go to the ffrench at Cannada as Some hâve already done which has and would be to the great loss & détriment of the Owner or Owners of Such Negro Slave or Slaves and also of very perni- cious Conséquence to the whole province. ALL which being Considered by the General Assembly BE IT ENACTED and it is hereby Enacted by his Excellency the Gkrvernour Councill and Assembly And by the Authority of the Same that ail and every Negro Slave or Slaves belonging to any of the Inhabitants of the Citty and County of Albany who Shall from and after the ffirst day of August of this présent year of our Lord One Thousand Seven hundred and ffive be ffound Travelling fforty Miles above the Citty of Albany at or above a Certain place called Sarach- toge (unless in Company of his her or their Master Mistress or Such Employed by them or either of them.) And be thereof Convicted by the Oaths of Two or More Crédible Witnesses before ye Court of Sessions of the Peace of the Said Citty and County (which Court of Sessions are hereby Authorized and Empowered to hear and détermine the Same in manner aforesaid and thereupon to award Execution) he She or they so convicted shall Suffer the paines of Deatli as in cases of fPellony, AND1 be it further Enacted by the Authority aforesaid that ail & everyLAWS OF THE COLONY OF NEW YORK. 583 Negro Slave or Slaves belonging to any of the Inhabitants of the Citty and County aforesaid who after the iïirst day of August aforesaid Shall be found offending against this Act, he she or they is or are to be Imediately Conveyed to the next Justice of the Peace of the Said County and be by him Committed to Goale without Bail or Mainprise untill he she or they be thence de- livered by due Course of Law and the said Justice of the Peace is hereby required to give Or Send Imediate Notice thereof unto the owner or Owners of Such Slave or Slaves to the End Such Owner or Owners do within Two days next and after the Receipt of Such notice appeare before some Justice of the Peaee of the Said County and nominate One or more indifferent persons to Appraise and Value the Negro Slave or Slaves So> taken and Committed as aforesaid And the Said Justice of the Peace is hereby required and Empowered to Nominate and appoint as many more indifferent persons to Joyn with the persons Nomi- nated by the Owner or Owners of Such Slave or Slaves to Appraise and Value the Same which persons so ehosen are to returne their Appraisment to the Justice aforesaid under their hiands and Seals within Two days next and After their being nominated and Appointed which Said Appraisement so made the Said Justice of the Peace is to Returne the Same to the next Court of Sessions and if Such Negro Slave or Slaves Offend- ing in Manner aforesaid be thereof Convicted and Executed for the Same the Said Court of Sessions is hereby directed and Impow- ered to Cause the Summ of the Appraisement of Said Negro Slave or Slaves together with the Charges of prosecution Provided the Said prosecution doth not Exceed Tenn pounds to be Rated Assessed and levyed on ail and every person & persons having Slave or Slaves within the Said Citty and County in Such ways and manners as other the publick Charges of the Said Citty and County are levyed PROVIDED ail ways the Same be Assessed levyed Collected and paid to the Treasurer of the Said County within Three months next and after ye Execution of Such Slave or Slaves and the Said Treasurer is hereby directed within Eight days next & after his Receipt thereof out of the Said moneys so to him paid to defray the Charges of the prosecution not Exceed- ing Tenn pounds as aforesaid and pay to the Owner or Owners of Such Slave or Slaves the full Value Such Slave or Slaves were Appraised for, whose Receipt Shall be his Sufficîent discharge and that no différence may arise Concerning the Value of the Slave or Slaves for whom the Owners are to pay in manner aforesaid BEE IT ENACTED by the Authority aforesaid the Negro Slave or Slaves in the Citty and County aforesaid when any Such Accident shall happen are to be Rated and Assessed at the584 LAWS OF THE COLONY OF NEW YORK. Rates and prises hereinafter Exprest that is to say, Every Negro Slave male or Female from the Age of ffifteen Years and upwards being fitt for Service at Thirty pounds'And if any différence do arise whether any Negro be fitt for Service the Same is to be Adjudged by the next Justice of the -Pea.ee And be it ffurther ENACTED by the authority aforesaid That the Respect- ive Court or Sessions and Justices of the Citty and Countv afore- said are hereby fully Empowered and Authorized to Cause this Act to be put in Execution Any Law Usage or Custome to the Contrary hereof Notwithstanding PROVIDED always that this Act and every article & charge therein contained Shall only be of force dureing this présent warr with the French and no longer. PROVIDED also that this Act nor any Clause therein Con- teined Shall be Construed to Exempt the Negro Slaves of the Said Citty and County from the Penaltys for other his her or theire offences menticned in an Act of Assembly made in the ffirst year of her Majesties Reign Entituled an Act for Regulating Slaves any thing to the Contrary hereof notwithstanding. [CHAPTER 150.[ [Chapter 150, of Livingston & Smith and Van Schaack, where the act is printed in full. Title only is printed in Brinley’s Bradford, pp. 239, 27S, but among the acts of 1706, p. 287, the act is printed in full. Printed in full in Baskett, p. 79. Confirmed by the Queen, May 20, 1708. (See Fowler’s Bradford, p. CXXXIX.)] AN ACT for defraying the Comon & neces- isary Charge in the Mannor of Renslaerwick in the County of Albany. [Passed August 4, 1705.] BE it Enacted by the Gouvernour Council & Assembly & by ye Authority of ye same that for the better defraying ye Coanon & necessary charge of the Mannor of Renslaerwick in the County of Albany as well as what is already past as the présent & future Charges. That it shall & may be Lawfull for the Inhab- itants of the Mannor of Renslaerwick being Freeholders to Elect & Choose Yearly & every Year one Supervisor one Treasurer, one Assessor & one Collector for ye said Mannor who shall hâve ye same power, Authority Office & ffunction & do perforine Exécuté & Serve & be Lyable to ye same paines & penaltys as ye Super- visors Treasurers, Assessors & Collectors of ye Severall & respect- ive Countvs within this Colony hâve, ought or are intended to hâve do performe & be lyable to, by one certaine Act of Generall Assembly past in ye Year of our Lord Seventeen hundred & three Entituled an Act for ye better Explaining & more EffectuaiLAWS OF THE COLONY OF NEW YORK. 585 putting in Execucon an Act of Generall Assembly made in the third Year of ye Reign of the late King William & Queem Mary Entituled an Act for defraying ye Publick & necessary. Charge thro’out this Province & for maintaining ye Poor & preventing Vagabonds. And be it further Enacted by ye same Authority That ye Wages & Charge of their Représentative or Deputy in General Assembly shall be ye same as in ye other Citys & Countys, which is & shall be Tenn shillings P diem & that as to what relates to ye Wages & Charges of Représentatives in General Assembly the Inhabitants of ye same mannor shall only be lyable to defray the Wages & Charge of their own Représenta- tives or Deputy in General Assembly & not otherwise. [CHAPTER 151.] [Chapter 151 of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford pp. 237, 276. Title only is printed in Baskett, p 79. Expired in 1713. Revived by chapter 316.] AN ACT for the Préservation of Deer [Passed August 4, 1705.] BE it Enacted by the Govr. Council & Assembly & by the Authority of the same, That whosoever within the Countys of Suffolk, Queens County, Kings County, West Chester or Rich- mond, Christian or Indian, Freeman or Slave after ye first day of January which will be in the Year of our Lord Seventeen hun- dred & five shall kill or destroy any Buck Doe or Faun or any Sort of Deer whatsoever, at any time of the Year except only between the first day of August & the first day of January, shall forfeit & pay the Sum of Twenty Shillings Lawfull money of New York or in default thereof Suffer Imprisonmt for ye terme & Space of Twenty days without Baile or Mainprize, unless within that time he or they pay the forfeiture aforesaid. The one half whereof shall be to him who shall prosecute & sue for ye same before any one of her Ma’tys Justices of the Peace where such offence shall be Comitted who is hereby Authorized Impower’d & required to hear & détermine the same at his Discrétion and the other half to the Poore of the respective County where any person or persons shall be of such Offence Convicted. And be it also Enacted by the Authority aforesaid That what- soever Dog or Dogs shall be found hunting or Chaceing any Buck Deer or Faun or any Sort of Deer whatsoever between the said first day of January & the first day of August Yearly shall & may be and hereby are required to be shott and kill’d or other- wise destroy’d any Law to the Contrary hereof notwithstanding, and the Severall Justices of the Peace within the said Countys 74586 LAWS OF THE OOLONY OF NEW YORK & every of them are hereby required to Se this Act and every Clause therein put in Execution According to the true Intent, & meaning thereof. And be it further Enacted by the Authority af oresaid that the Keepers of the Goales for the Caunt y s af oresaid respectively having a Warrant from one of her Ma’tys Justices of the Peace for that Oounty shall recedye Su eh Offender or Offenders into their respective Goals and him or them in safe and Close Cusr tody keep for the Tenu aforesaid on penalty for neglect or refusall to pay Double the Forfeiture afcresaid to be recovered in any of her Ma’tys Courts of Sessions and to be apply’d in m'an- ner before Exprest. Provided always, That this Act shall be & remaine in full force for the Space of Seven years from the first day of January next & no longer. [CHAPTER 152.] [Livingston & Smith and Van Schaack, print the title of this act as distinct from chapter 146, giving date of passage of each act as August 4th. The Minutes of the Council of that date show that but one act was passed. (See Journals of Legislative Council, p. 234.) Title only is inserted here for the purpose of preserving the continuity of chapter numbers.] An Act for the better expiaining, and more effectuai putting in Execution au Act of General Assembly, entitled, An Act for settling a Minlstry and raisin g a Main- tenance for them, in the City of New York, Oounty of Richmond, Westchester and Queens Oounty. [Passed August 4, 1705.] CHAPTER 153.] [Chapter 153, of Livingston & Smith and Van Schaack, where the act is printed in full. Title only is printed in Brinley’s Bradford, pp. 239, 278. Printed in full in Baskett, p. 80.] AN ACT for an Allowanoe to the Burgess of the Burrough of West Chester [Passed August. 4, 1705.] Forasmuch as the Burgess of the Burrough of West Chester can not Officiate and Discharge the Trust respos’d in him without being at Charge and Expence. Be it Enacted by his Excellency the Governoor the Council and Assembly and by Authority of the Saine. That the Wages and allowance to the said Bur- gess for the said Burrough from the first day of this présent Sessions of Assembly, and for ever hereafter shall be as isLAWS OF THE COLONY OF NEW YORK. 587 Establish’d vizt. Ten shillings er day Currant money of this Colony and the May or, or Deputy Mayor, or any twoof the Aldermen for the time being are hereby Authoriz’d appointed and requir’d to raise or Ganse to be radis d, Levy’d and Collected in the said Burrough of West Chester & to pay ye Same to their Burgess in such manner & by such wayes & Methods & for default, & nonpayment of the said Wages & Allowance under such paines, penaltys, ffines, forfeitures and punishments as are mencon’d, Contain’d & Express’d in a Certaine Act of General Assembly made in the year of our Lord Seventeen hundred & three Entituled an Act for the better Expladning & more effect- uai putting in Execucon an Act of General Assembly made in the third year of the Reign of the late King William & Queen Mary, Entituled an Act for defraying the Public & necessary Charge thro’out this Province & for maintaining the Poore & preventing Vagabonds as fully & in like manner as if the same were particularly & at large recited & set downe in the Body of this Act any thing Contain’d therein to the Oontrary hereof in any wise notwithstanding. [CHAPTER 154.] [Chapter 154, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 236, 275. The title only is printed in Basket, p. 79. See chapter 131. This act expired at the end of the next session after June 19, 1709.] An Act for Continuing an Act for the Laying out Regulateing Cleering and pre- serving Publick Oomon highways thro’ out this Colony. [Passed August 4, 1705.] WHEREAS the powers granted to the Commissioners men- coned in an Act for the Laying ont Regulateing, Cleering and preserving, Publick Comon highways thro’ out this Colony made in the Year of our Lord Seventeen hundred and three will Expire by its own Lymittacon in the month of June next, whereby the Service by that Act intended will in ail probability remaime undone and Imperfect and it being necessary and requisite fthe same should be performed and fully accomplish’d. BE it there- fore Enacted by his Excellency the Govemour the Oounciï and Assembly and by the Authority of the Same That the said here- inbefore recited Act and every Article Clause and thing therein menconed and Expressed shaü be and is hereby Continued to be in full force and virtue for three Years from the Nineteenth day of June next ensueing & from thence to ye End of ye next Ses-588 LAWS OF THE COLONY OF NEW YORK sions of Genll. Assembly, & no longer any thing to the C-ontraiy hereof in any wise not withstanding. [CHAPTER 155.] [Chapter 155, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in ïull in Brinley’s Bradford, pp. 236, 275; Baskett, p. 79. The act expired in 1712. The signature of the Governor and date of passing appear to be tom from the original law in the office of the Secretary of State, but from the Minutes of the Council of August 4, 1705, it appears that such an act was signed by the Governor on that date. See chapter 123. Revived by chapter 370.] An Act for ReYiying and Oontinuing an Act, Entituled, an Act for Regulating Slaves. [Passed August 4, 1705.] WHEREAS an Act, Entituled, An act for Regulating Slaves, made in the year of our Lord, one thousand seven hundred and two is Expired by its own Limitation, winch said Act hath been of great use to this Colony, Be it Enaeted by his Excellency the Governour, the Council and Assembly, and by the Authority of the same, That the said herein before-recited Act, and every Article, Clause and Thing therein mentioned and expressed, shall be, and is hereby Revived, Renewed, Continued, & shall be in full force and virtue for seven years from the Publication hereof, any thing to the Contrary hereof in any wise notwithstanding. [CHAPTER 156.] [Chapter 156, Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, pp. 238, 277. Title only is printed in Baskett, p. 80.] AN ACT to enable William Bradford of the Gïtty of New York Planter to Sell and dispose of ye Real E state of Jno Dewsbury late of Oysterbay in Queens Oounty within this Collony deceased, for the payment of Debts. [Passed August 4, 1705.] Whereas John Dewsbury late of Oysterbay in Queens County on Nassau Island decd. was in his life tkne indebted to William Bradford of the Citty of New-York in Several Considérable Sums of Money, with part whereof in his Life time he purchased diveres Lands Tenements and Hereditaments in this Colony and afterward dyed Intestate, his said Debt yet remains unpaid.LAWS OF THE COLONY OF NEW YORK. 589 And whereas the said William Bradford as principal Creditor of the said John Dewsbury kaving obtained Letters of Adminis- tration from the honourable Coll Fletcher late Governour of this Colony of the Goods Chattles Rights and Crédits of the said deceased, but found not Assets of the Said deceased, wherewith to pay and Satisfie the Same. And the Said John Dewsbury in his Life time, and at the time of his decease being Seized in pros- sessed of and entituled to those Lands Tenements and Heredita- ments in this Colony in manner aforesaid and no Children or Heirs appearing in these parts, it being highly équitable that the Same or So much thereof as will pay and Satisfy the just Debts of the Said John Dewsbury should be applyed for that purpose There- fore at the humble Pétition and Request of the Said William Bradford Be it Enacted by the Governour Council and Assem- bly, And it is hereby Enacted by the Authority of the same, That the Lands Tenements and Hereditaments of the Said John Dewsbury in this Colony Which he stood Seized and possessed of in his Life time and at the time of his decease are and shall be liable to the payment of the Debts of the said John Dewsbury, and that in order thereunto the Said William Bradford is hereby impowered and authorized to sell and dispose of the same to the best advantage, and to Sign Seal deliver and Exécuté Deeds and Conveyances thereof unto any person or Persons whatsoever which Deeds and Conveyances made and executed shall be con- strued deemed and taken to> be- good valid and Sufficient in the Law to ail intents constructions and purposes whatsoever And the Yendees and Grantees thereof are hereby Severally and Respectively invested in and entituled to ail and every or any of the Said Lands Tenements and Hereditaments purchased by them by virtue hereof from the said William Bradford to ail intents and purposes whatsoever in as full and ample manner as if the Same or any of them were sold and disposed of by the said John Dewsbury in his Life Time, according to the most exact perfect and due form by the Rules of Law required to be done unto them or any of them And it is hereby further Enacted by the Authority aforesaid, That the Moneys arising by the Sale and disposition of the Lands Tenements and Hereditaments aforesaid shall be accounted and esteemed to be Assets of the said John Dews- bury in the hands of the Said William Bradford and as such shall be applyed by him as administrator thereof for and towards the payment of the just Debts of the said John Dewsbury And that the said William Bradford shall be accountable for his dis- position thereof in like manner as Administrators legally are, any thing herein to the Contrary hereof notwifthstanding.590 LAWS OF THE COLONY OF NEW YORK. [OHAPTER 156 a.] [This act does not appear in Livingston & Smith or Yan Schaack or Baskett. Title only is printed in Brinley’s Bradford, pp. 239, 278. The title of the act is the same as chapter 130 passed June 19, 1703, but a dis- tinct act appears among the original laws in the office of the Secretary of State as having been passed August 4, 1705. Fromthe Minutes of the Council of that date it appears than an act of this title was passed. (See Journals of Legislative Council, p. 234.)] AN ACT declareing the Illegality of the Proceedings a gain s t Coll. Nicholas Bay- ard and Aldermen John Hutchins for pre- tended high Treason and for Reversing & making null & void the said Judgments & tall Proceedings thereon. [Passed August 4, 1705.] WHEREAS in the Monthsof February &Marchin the year of our Lord 1701 there was a Crafty & Malicious Prosecution against Coll Nicholas Bayard of the Citty of New York; And Alderman John Hutchins of the Same Oitty for pretended crimes and misdemeanours alledged against them, upon which they were Indicted & Sentence of Death past upon them and other Penalties as in cases of High Treason. Which matters haveing been fully heard & Examined before her Most Sacred Majtie in Councill at the Court at St James’s the 21th Day of January 1702, Upon Considération thereof, Her Majesty being sensible of the Undue & Hlegall Proceeding against the sayd Bayard & Hutchins was then most graciously pleased in Her Royall Justice & Bounty, to order that Her Attorney Générait here should bee directed to* consent to the Reversing those Sen- tences and to whatever Else may be requisit in the Law for the Reinstatüng the said Bayard & Hutchins in their Honour & Property as if no such Prosecution had been. AND FORASMUCH as the said Nicholas Bayard & John Hutchins are in no wayes guilty of any Crime in those matiters Objected against them or Either of them And that Her Majties Just Pleasure & Royall Inclination for the Relief of Her Dis- tressed Subjects may take their Speedy & due Effect, BEE it therefore declared and Enacted by His Excelly the Governour by & with the advice & Consent of Her Majties Councill & the Generall Assembly of this Collonv, And it is hereby declared and Enacted by the Authority of the Same, That the said Pro- ceedings & Proseeutions for the saïd feigned & pretended Crimes & Misdemeanours are and were Undue and Illégal & theLAWS OF THE COLONY OF NEW YORK. 591 Judgment & Judgments Sentence & Sentences against the said Coll Bayard & Alderman Hutchins & ail & Every Matlqr & thing relating tliereunto are Reversed, Annulled & made void & of no Effect to ail Intents Constructions and Purposes wtso- ever. AND the said Nicholas Bayard & John Hutchins hereby are & are declared and hereby Enacted to be as to .their Honour & Property in the Same State Plight & Condition as if no Such Prosecution tryall Judgment or Sentence had been. THE TENTH ASSEMBLY. Second Session. (Begun Sept. 26, 1705; 4 Anne, Edward, Lord Cornbury, Governor.J [No acts were passed at this session.] THE TENTH ASSEMBLY. Third Session. (Begun May 29, 1706; 5 Anne, Edward, Lord Cornbury, Governor.) [CHAPTER 157.] [Chapter 157, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 280. The aet does not appear in Baskett. The original of this act does Mot appear to be in the office of the Secretary of State, but the Minutes of the Council of June 27, 1706, indicate that such an act was signed by the Governor on that date. (See «Tournais of Legislative Council, p. 240.) This copy is made from Brinley's Bradford. See chapter 114. Repealed by chapter 168.] An Act for Reviving An Act of General Assembly, entituled, An Act for the better Settling the Militia of this Province, and (making it more useful for the Security and Defence thereof, for the space of one year. [Passed June 27, 1706.] THE Apparent Danger and présent Necessity requiring it, Be it Enacted by the Governour, Council and Assembly, and it is hereby enacted by the Authority of the samé, That one Act of General Assembly entituled, An Act for the better settling the Militia of this Province, and making it more useful for the Security and Defence thereof, made in the first year of the Reign of her présent Majesty, and late expired by its own limita- tion, shall be and is hereby Enacted by the Authority aforesaid, to be of force for and during the space and term of one year from the Twentieth Day of June in this présent year of our Lord, 1706 and no longer.592 LAWS OF THF COLONY OF NEW YORK. [CHAPTER 158.] [Chapter 158, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 279. Title only is printed in Baskett, p. 81. The original of this act does not appear to be in the office of the Secretary of State, but the Minutes of the Council of June 27, 1706, indicate that such an act was signed by the Governôr on that date. (See «Tournais of Legislative Council, p. 240.) This copy here printed was made from Brinley’s Bradford.] An Act to enable the Major, Aldermen and Common Council of the City of New York, to Carry on the Fortifications of the said City* [Passed June 27, 1706.] BE it Enacted by the Governour, Council and Assembly of this Colony, and by the Authority of the same, That from and after the Publication of this Act, Ail and every the Citizens, Free- holders and House-keepers of the City of New York, being Inhabitants of the same City, for and during the tenu and space of two years, either by themselves or suffi rient Labourers, shall do such labour, at such days and times, at such place or places, and in such manner and form for the fortifying of the said City of NewYork, and for maintaining the same in repair, as shall from finie to time be directed and appointed by the Mayor, Recorder, Alder-men and Assistants of the said City of NewYork, or the major part of them, conven’d in Common Council, on Penalty of Six Shillings for every neglect, refusai or default, to be forfeited and paid by every such person or persons who shall neglect refuse or delay to perform such labour by themselves, or a sufficient Labourer in their stead and place, in manner afore- said; and to be recovered by Plaint before the Mayor, or any other of her Majesties Justices of the Peace of the said City of NewYork, who are hereby autborized to issue their Warrants, from time to time, to the Constable of the Ward where such per- son or persons shall dwell, for the levying the said* Forfeitures, or any of them, by distress and sale of the Goods, and Chattels of such person or persons so refusing or negleoting to labour, as aforesaid; which said Forfeitures shall be imployed and laid out tofwards the said Fortifications, and not otherwise. THE TENTH ASSEMBLY. Fourth Session. (Begun Sept. 27,1706, 5 Anne, Edward, Lord Cornbury, Govemor.J [CHAPTER 159.] [Chapter 159, Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 281. Livingston &LAWS OF THE COLONY OF NEW YORK. 593 Smith and Van Schaack, State that this and the six folio wing acts were passed October 24, 1706, but from the Minutes of the Council it appears that they were signed by the Governor, October 21, 1706. (See Journal of Legislative Council, p. 245.) See chapter 192.] AN ACT for raising the Sum of Three thous- and pounds towards defraying the Expence of Fortifying the City of New York. [Passed October 21, 1706.] BE it Enacted by the Governr. Council and Assembly and by the Authority thereof. That the sum of Three thousand pounds Currant money of New York be hereby granted to her Maty our Soveraign Lady to the Uses & purposes hereinafter menooned set forth & expressed and that the saine be laid, Assess’d, rais’d and Levy’d upon the Estâtes Real and personal of ail and every the Inhabitants Residents, Sojourners and Freeholders of and in this Colony to be paid into the Treasurer of this Colony hereinafter nam’d and appointed, in manner following, that is to say, The sum. of Fifteen hundred Pounds, on or before the five & Twentieth day of March now next Ensuing and the sum of Fifteen hundred pounds on or before the last day of November then next Ensuing, according to> the rates & proportions fol- lowing, that is to say, For the City and County of New York. Fifteen hundred pounds: For Kings Oounty, Two1 hundred Seventy Six pounds & Thirteen shillings. For Queens County. Three hundred Twenty three pounds & three shillings. For the County of Suffolk Three hundred Twenty three pounds & three shillings. For the County of Richmond, Ninety pounds and Seventeen shillings. For the County of West Chester One hun- dred thirty five pounds & five shillings. For the City and County of Albany, One hundred thirty three pounds & four shill- ings. For the County of Ulster, One hundred fifty four pounds & Eight shillings. For the County of Orange, Forty five pounds & Six shillings, and for Dutchess* County, Eighteen pounds & one shilling. And be it further Enacted by the Authoriity aforesaid, that for the better Assessing, raising, Collecting &. receiving the said Sum of Three thousand pounds, the Mayor & Aldermen of the City of New York, the Mayor & Aldermen of the City of Albany, with the Justices of the Peace for the time being, for the Several and respective Citys & Countys within this Colony, for which they shalbe Justices of the Peace, do within forty days after the Publication hereof, Assemble & meet together in the Court Houses for the several & respective Citys & Countys, or sucH other place or places as they shall agréé among themselves, 75594 LAWS OF THE COLONY OF NEW YORK. and shall there order tkat the Assessors & Collectera for tlie Several and respective Citys, Towns, Mann ors, Libertys & Pre- cincts within tkeir Several Jurisdictions for tbe Assessing & Collecting of the Public rates for the defraying tbe Public & necessary Charge of each respective City and County aforesaid to be the Assessors & Collectors for the Assessing & Collecting the said Three thousand pounds according to the proportions before Expressed in like manner as the sanie Public rates are Usually laid Assessed & Collected. And In case any Mannor, Town, Liberty, or Precinct within the respective Countys, do or shall refuse, neglect, Omit or not Annually Elect or once in the Year Choose Assessors or Collec- tors whereby the Intent of this Act may be Eluded. It is hereby Enacted by the Sanie Authority. That then & in such Case the Justices of the Peace for the Countys where such Towns, Mannors, Libertys, or Precincts aire, are hereby required,, Impowered & Authoriz’d to Nominale and appoint Assessors and Collectors for such Towns, Mannors, Libertys and Precincts, which Assessors & Collectors shall to ail Intents & purposes Observe the direccons of this Act as any other Assessors and Collectors are by this Act Oblige’d & enjoyn’d to do. And be it further Enacted by the Authority aforesaid that the said Mayors, Aldermen & Justices of the Peace for the respec- tive Citys & Countys, hâve & shall hâve power & Authority by virtue of this Act & are required any two or more of them or each ôf them by himself to Adminisfer an Oath to the said Asses- sors, and any and every of them well, truly, equally and Impar- tially and in due proportion as it shall appear to them, according to their best understanding to Assess and rate the Inhabitants, Sojourners, residents and Freeholders of the respective places for which they shalbe Chosen, Assessors. And be it further Enacted by the Authority aforesaid, That if any person or persons who shalbe Chosen AssessorS or Collec- tors in manner afotusaid shall deny, neglect or unequally and Impartiallv Assess or refuse to make such Assessment as by this Act is required or shall denv, neglect or refuse to Collect any Sum or Sums of money in forme before mentioned, Laid Taxed and Assessed & be thereof Convict before any two Justices of the Peace of the Citys and Countys where such Offendors shall happen to dwell or résidé (who are Hereby required & Impowered to hear Déterminé and do the same) shall by Warrant nnder the handg ,and Seals of such two Justices of the Peace be Comitted to the Comon Jaile there to remaine without Baile or Mainprize till he oc they shall make Fine 76602 LAWS OF THE COLONY OF NEW YORK holders and Inhabitants of the said Town & places Adjacent thereto belonging So much firewood as will Supply the guards of the said Town during this présent Warr with the French onr Enemies, & also to raise the Sam of Tenn pounds Yearly during this said Warr, tx> repaire ye gates & gnard House of the said Towne, which firewood & Sum of money as aforesaid shalbe Assessed by the Assessors of the said Towne and adjacent places as aforesaid for the tirne being by Warrant under the hands & Seales of the Justices of ye said Towne for the tirne being, which Assessors are hereby required equaily, duly and Impartially to Assess & rate the said Freeholders & Inhabitants for their respective proportions being first sworne Equaily, duely and Impartially to make such Assessment before any the Justices of the peace of the said Towne which Assessment being so made shalbe delivered to the respective Collée tors of the said Towne & adjacent places thereto belonging who are Impowered to Col- lect and pay Such Sums of money raised as aforesaid, to such persan as the Justices of the said Towne shall appoint Treas- urer to receive the Same, and if any peraon or persons shall refuse delay or negleot to pay the said Assessment or rate of money & firewood as aforesaid, it shall and may be Lawfull for the Collectors aforesaid to Collect & Levy the said money so assessed as aforesaid, & three shillings for each sleed or Wag- gon Load of firewood by distress on ye Goods & Chattles of the defaulters by Warrant under the hand & Seale of ye said Jus- tices ot either cf them. And be it further Enacted by the Auth'ority aforesaid that if the said Justices or either of them the Assessor or Assessors Callector or Collectors or Treasurer as aforesaid shall Deny, refuse delay or faile to perform & Exécuté ail & every or any Clause or Article required in this Act they & each of them so Denying, negîecting, refusing or failihg as aforesaid, shall forfeit five pounds Currant money of the said Colony, for every such offence, to- be recovered by any person who shall sue for the same; in any Court of Record in the said Colony, and this Act to Continue for and during the terme of three yeares to Commence the first Tuesday in Aprill last and Continue untill the first Tuesday în Aprill Seventeen hundred & Nine any thing herein Contained to the Contrary hereof in any wise notwithstandingLAWS OF THE COLONY OF NEW YORK. 603 [CHAPTER 163.] [Chapter 163, Livingston & Smith and Van Schaack, where the act is printed in full. The act is not printed in any édition of Bradford, or in Baskett.] AN ACT for the better raisin g, Levy- ] ing and defraying ye necessary Charge of, the Mannor of Renslaerwick in the County : of Albany. [Passed October 21, 1706.] BE it Enacted by ye Govr Conncil & Assembly & by ye Authority of the Same, that ye Supervisor for ye Mannor of Renslaerwick in ye County of Albany for ye time being shall yearly & every vear with ye other Supervisor s of the said County (as according to ye late Act of General Assembly ought to be done) compute ail such necessary & Contingent charge as he & they shall find the said County properly Çhargeably with, & also shall himself Compute and ascertain the necessary & Cor^tingent Charge that peculilarly hatli been<, now is, and Annually hereafter shall or may be, in the said Mannor, & the same transmitt under his hand & Seal to the Assessors for the said Mannor & that ye same be Collected, Levy’d and paid in such methods as by an Act of General Assembly Entituled an Act for the better explaining & more effectuall putting in Execu- con an Act of General Assembly made in the third year of the reigne of the late King William and Queen Mary, Entituled, an Act for defraying ye publick and necessary Charge through ont this Province & for maintaining ye poor and preventing Vaga- bonds, and one other Act Entituled an Act for defraying the Comon and necessary Charge of the mannor of Renslaerwick in the Oounty of Albany is Enacted, directed and provided. And be it further Enacted by the Authority aforesaid that the Inhabitants of the said Mannor being Freeholders shall yearly and every year elect and Chuse by Majoritv of Voices three Assessors and three Collectors to serve for ye Mannor aforesaid who shall hâve the same*power Authority, office and Fonction and do performe. Exécuté and Serve and be lvable to the same pains and penalties as other Assessors and Collectbors by the Laws of this Colony ought or are intended to hâve, do performe and are lvable to. And be it further Enacted by the same authority that for the preventing of ail shifts and tricks Contryved to évadé the force of this or any former Act, it is herebv DeclaFd that the Mannor aforesaid can by no reasonable Construction be intended to be604 LAWS OF THE COLONY OF NEW YORK. Divided from the said County, nor tliat the Charge for killing of Wolyes can be laid on the said Mannor only; but is- properly Chargeably on the wholl County of Albany aforesaid. [CHAPTER 164.] [Chapter 164, Livingston & Smith and Van Schaack, where the title only is printed. The act is not printed in any édition of Bradford, or in Baskett.] A BILL to enable the Mayor, Recorder, Aldermen and Comonalty of the City of Albany for the tirne being to raise moneys for defraying their public and necessary Charges Annually [Passed October 21, 1706.] IN order that the City of Albany may be enabled to defray the public necessary Charges thereof. Be it Enacted by the Goyer- nor, Council & Assembly & it is hereby Enacted by the Author- ity aforesaid. That it shall & maybe Lawfull for the Mayor, Recorder, Aldermen & Comonalty of the said City for the time being in Comon Council, Conven'd & Assembled or Such Mem- bers of them as do make up a Comon Council, once in eyery Year or oftener, if there shall be occasion during the time and Space of three Yeares to Comence from the fourteenth day of October Instant at such time and times in the month of June in every Year they shall think fit to order the raising such Sum and Sums of money not exceeding the Sum of Sixty pounds in eyery year by a Tax upon the Freeholders, Inhabitants, Residents & Sojourners of & in the said City as they or the Major part of them shall agréé tô be necessary for defraying the public Charge of the said City, as also to Tax for raising new Stocadoes for the said City and repairing the same as Occasion shall require together with firewood for the Militiia Guards of the said City, for the terme of three Yeares as aforesaid pursuant to which order the Mayor or Recorder of the said City for the said City for the time being shall forthwith thereupon issue his War- rants to the Assessors and Oollectors for the time being of each Ward respectiyely, requiring them to make such Assment and Collections and to pay the same to the Treasurer of the said City for the time being in Such Conyenient times respectiyely for the Assessment and payment thereof as shalbe agreed upon by the said Mayor, Recorder, Aldermen and Comon Council or the major part of them which said Sum or Sums of money shall by the said Treasurer be paid to the uses aforesaid and accounted for in Such manner & forme, as other public moneys haye beenLAWS OF THE COLONY OF NEW YORK. 605 ïn the hands of other former Treasurers of thé said City. And be it further Enacted by the authority aforesaid that if apy per- son or persons shall neglect or refuse to pay any Sum or Sums of money whereat he or they are rated or Assessed by virtue of this Act that it shall be Lawfull for the Oolleetor thereof to Oollect & Levy the same by distress and Sale of their goods & Chattles with reasonable Charges of distraaning retuming the overplus to the owner. And be it further Enacted by the Authority aforesaid that the Treasurer and the Collectors herein menooned shall each hâve and receive Six pence in the pound out of the moneys Collected and paid by them respectively by virtue of this Act. And be it further Enacted by the Authority aforesaid, that the said Assessors, and the Supervisera and Assessors for the City and County of Albany for the time being shall be and are hereby Obliged to do and performe their respective dutys gratis. [CHAPTER 165.] [Chapter 165, Livingston & Smith and Van Schaack, where the tille only is printed. The act is not printed in any édition of Bradford,norin Baskett. It expired October 24, 1709.] AN ACT for regulating the Inner Fences of Land in the County of Albany. [Passed October 21, 1706.] For preventing of the disputes that do often happen in the County of Albany between the Inhabitants conceming the dam- ages done by Cattle and horses Occasioned by the in suffi ciency of Fences between their respective Lands. And whereas some persons in the said County do wholly refuse to make such fences and others do neglect to mend the same on their respective part thereof. Be it Enacted by the Governor, Council, & Assembly, and by the Authority of the same that ail the Fences between the respective Lands and fences within the County of Albany already made & from & after the firat Day of May in the Year of our Lord 1707 to be made or to be mended shall and are to be of the height of four fooit and a half good & sufficient against horses & other Coimanable Cattle, Sheep, & hoggs only excepted for which the Respective Owner or Owners are to make good & suffi- cient Fences att their proper Gost and Charges as if this Act had not been made any thing herein contained to the Contrary hereof in any wise notwithstanding and be it further Enacted by the Authority aforesaid that ail and every the Inhabitants of the said County of Albany respectively in the severall parts of the said County where their Lands & Plantations do ly And where606 LA.WS OF THE COLONY OF NEW YORK. su ch fence and fences as by this Âct are directed are not made are hereby pennitted to give Notice thereof unto such of his or their respective Neighbour or Neighbours who border or joyn upon him or them to make or mendïhis or their Proportion of the fence or fences necessary & requisite between him or them According to the Qnantity of Lands so bordering or Joyning together to make up or mend his or their proporcon thereof on or before the first Day of Miay in the Year 1707 aforesaid pro- vided snch Notice be given in the presence of One or more Witt> nesses at any Day in the Last Week of the month of December now next Ensuing And if any person or persons upon such notice as aforesaid shall and do not on or before1 the said first day of May aforesaid make or cause to be made mended or cause to be mended his her or their proporcon of the Inner fences aforesaid in manner aforesaid he or they shall forfeit for every such offence the Sum of fourty Shillings Currant mony of this Province to be Recovered Employed and Levyed as in this Act is hereafter declared And be it further Enacted by the Authority aforesaid that if any person or persons who shall at any time hereafter be convicted of the offence aforesaid, & shall & do not within four- teen Days next & af ter such Conviction make or cause to be made mended or Cause to be mended his her or their proporcon of the fences aforesaid in manner aforesaid that then & in such Case upon Complaint & proof made thereof before any two Justices of the peace of the said County One whereof to be of the Quorum who are hereby Empowered by Warrant under their hands & Seals to Oommitt such party or partys to the Common Goal of the said County there to be & renmine without Bail or Mainprize untill such time his or their proporcon of the fence or fences shall & be made or mended in manner aforesd And be it further Enacted by the Authority aforesaid that ye same manner & Method for the m'aking & mending of Inward fences be from Year to Year continued in the said County under the same forfeitures & pains & under the same directions as is hereinbefore declared Be it allways provided that the forfeitures arising by this Act be levyed from time to time on the Offender or Offenders by the respective Constable Mannors Towns Jurisdictiions & precinots of the sd County and be imployed for the Defraying the neces- sary Charge of the Respective Mannor Town Jurisdiction or precincts where the offence shall happen to be committed, and if any doubt do arise concerning the sufficiency or insufficiency of the Fences aforesaid it shall and may be Lawfull for anv two of her Majestys Justices of the Peace by Warrant under their hands & Seales to appoint two of the Neighbourhood to view the sameLAWS OF THE COLONY OF NEW YOKK. 607 and make their report of tlie Matter within three Days then next Ensuing which persons are to receive each Six Shillings P Diem ta be paid by the Offender whose fence shall be wamting or be insufficient or els be paid by the party making such Complaint PROVIDED that this Act shall not debarr any person or persons in the County to bring his or their Action or Actions at law for damages suffered and hereafter to be suffered and Sustained by the insufficiency or want of such Fence or Fences as aforesaid or by any unruly horses or Cattle wtsoeyer And be it further Enacted by the Authority aforesaid that the Court of quartr Sessions of the peace for the said County be and are hereby impowered and Directed. at their next meeting at the Charge of the said County to cause to be made at such place or places as to them shall seem meet as many Pounds- as they shall think fitt for pounding of Cattle as shall be found doing of hurt or Damage in the said County And cause every of them to be under the direction of a Constable who is to receive for his fees for every horse Mare or Colt three Shillings for every head of neat Cattle three shillings for every Calf nine pence for every Sheep Eigh- teen pence for every hogg Eighteen pence to be paid by the party whose inner fence shall be found insufficient According to this Act or els by the Complaint any Law Usage or Custom to the contrary hereof notwithstanding. PROVIDED always that thiis Act shall be in force and con- tinue for# three Years and no longer any thing herein contained to the Contrary hereof in any wise notwiihstamding. THE ELEVENTH ASSEMBLY. First Session. (Begun Au g. 19, 1708, 7 Anne, Edward, Lord Oombury, Gover- nor.) [CHAPTER 166.] [Chapter 166, Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 300. Title only is printed in Baskett, p. 93.] AN ACT for Baising a Fund for présents to the five Nations and for the Defence of the Frontilers. [Passed September 18, 1708.] Be it Enacited by the Governour Council and Assembly, And by the Authority of the same That the sum of Twelve hundred pounds Currant money of the Colony of New York be Laid,608 LAWS OF THE COLONY OF NEW YORK. Assessed, Collected and Levyed on the Estâtes Real and Per- sonal of ail and Singular the Freeholders, Inhabitants and Rési- dents in this Colony acoording to» the Rates and proportions following (that is to Say) For the City and County of New York Two hundred & Sixty pounds four Shillings and three pence For the City and County of Albany Eighty One pounds Sixteen Shill- ings and Nine pence For Kings Oounty One hundred and Seventy four pounds For Queens County Two* hundred and three pounds Eighteen Shillings For the County of Suffolk Two* hundred and three pounds Eighteen Shillings and one penny For the County of Ulster Ninety five pounds Nineteen Shillings For the County of West Chester Eighty four pounds One Shilling and ten pence For the County of Richmond fifty Six pounds One Shilling and three pence For the County of Orange Twenty four pounds For Dutchess County Sixteen pounds and ten pence. And that the same be paid into the hands of Colonel Abraham De Peyster nominated and appointed Treasurer of this Colony on or befoire the Twenty fifth of March next JEnsuing, And be it further Enacted by the Authority aforesaid, That the said Sum of Twelve hundred pounds be and is hereby given and Granted to Her Majesty her Heirs and Successors to be Dis- posed paid and applied to the Sundry uses purposes and Intents, expressed Limitted and appointed by this Act and to no other use and purposes whatsoever. That is to say four hundred & fifty pounds part thereof to be Laid out in good goods Suitable and proper to be presented and giyen to the ffive Nations and Schagkook Indians to Encourage them to- Continue their Obédi- ence and Loyalty to Her Majesty her heirs and Successors and the Sum of Two hundred pounds part thereof be paid by the said •Treasurer to Colonel Peter Schuyler Mr Evert Banker, Mr John Abeel, Mr Hendrick Hensen and Mr Hendrick Van Renslaer who or The Major part of them are hereby appointed Commissioners to Direct that the said Sum of four hundred & fifty pounds be Disposed and apply’d for présents as aforesaid and the said sum of Two hundred pounds be Dispos’d and paid as the Major part of them shall appoint ta the Seyerall and Respective use and uses of Spies and Incidentals relating thereunto and to no other use and purpose and to be issued by Warrants under the hands and Seales of the said Commissioners appointed by this Act, or the Major part of them to every of which Warrants shall be annexed a true and perticuler Account of the Names of the Per- son to whom, for what Service, Goods, provisions, Materials and necessaries. And for the better Securing the Frontiers afore- said the Sum of five hundred pounds is hereby appropriated for the pay and Incidental Charge of Sixty Effective men theirLAWS OF THE COLONY OF NEW YORK. 609 proper officers included Vizt One Captain two Leiutenants three Serjeants three Corporalls and one Drum for five Months to be posted on the fïron tiers at or neer Albany from the Twentieth Day of October next Ensuing untill the Twentieth Day of March next following and no Longer And thait the said Sixty* Men be Detacht and drawn out of the Severall Countias within this Pro- vince Except the Counties of Albany and Ulster in proportion according to the Number of men in each County, Excepting that his Excellency do please to appoint a Oaptain at Albany of the said men And that the sum of fifty pounds being the Remaining part of the said Sum of Twelve hundred pounds be paid to Colonel Peter Schuyler towards his Services and Extraordinary Expenses to and about the Indian affairs relating to the Defence of the Frontiers for the year Ensuing, whose Receipt to the Treasurer shall be his Warrant and Discharge for the Same. And be it Enacted by the Auithority aforesaid that on the Detaching of an y man of the Militia in this Colony for the Ser- vice before mentioned the Colonel or other Comission officer in the Colony or precinct where any man or men shall be m Detacht shall and is hereby Required gratis and wifhout Delay at the Request of the person or persons so Detacht to give under his hand a Certificate of the time such man or men are Detacht, which Certificate and also a Certificate from the Oaptain to be Commissioned by his Excellency for this Service and who Like- wise on the Request of such person or persons is hereby Required gratis and with out Delay to give the Same of the Duty and Ser- vice by this Act intended to be performed shall be a Sufficient Warrant and Authority To the Treasurer aforesaid to pay and Sattisfv the pav and moneys by this Act so raised and Levyed for such Serviice and shall be to hiin a Sufficient Discharge for the same. And that a Certificate from the Oommissioners aforesaid or the Major part of them shall be in Like manner of the same force for the payment of the Oaptain and two Leiutenants to be Commissionated for the Comand of the men to be Raised and posted as aforesaid. And be it further Enacted by the Authority aforesaid, That the said sum of Twelve hundred pounds shall be Laid Assessed, Raised, Collected, Levyed and paid in such manner by such ways and means, under such Restrictions, Régulations, paines, penal- ties and forfeitures, and with such advantages, priviledges, and Exemptions as in and by one certain Act of Assembly, Entituled an Act for raising the sum of Three thousand pounds towards defraying the Expence of ffartifying the City of New York îs Enacted, Declared provided and Expressed to ail Intents Con- 77610 LAWS OF THE COLONY OF NEW YORK structions and purposes whatsoever, as if the Severall Clauses Provises and Limittations in the said Act were herein fully and particularly incerted, included and expressed. And moreover Be it Enacted by the Authority aforesaid that OYer and above the Respective Sums before Enacted and appointed to be paid by the Severall Citys and Countys in this Colony before exprest they Shall by Virtue of this Aot be assess’d Raised, Collected and Levyed the Sum of One Shilling and three pence per pound to be Disposed and applyed, Nine pence per pound to the Collecter Respectively and Six pence per pound to be paid into the Treasurer aforesaid. [CHAPTER 167.] [Chapter 167, Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 294; Baskett, p. 88. Livingston & Smith and Van Schaack, and Baskett State that the act was confirmed by the Crown, December 15, 1709. Révived by chapter 314.] AN ACT for Encouragement of Whalling. [Passed September 18, 1708.] BEE it Enacted by the Gcrvernour Council and Generall Assembly And it is hereby Enacted by the Authority of the Same that hereafter any Indian that is Round to go to Sea a Whale fishing shall not at any time or times between the first Day of November and the fifteenth Day of Aprill following yearly bee sued Arrested Molested Detained or kept out of that Employ- aient by any persan or persans whatsoever pretending any Con- tract Bargain Debt or Dues unto him or them Except and only for or Concerning any Contract Debt or Bargain Relating the undertakeing and Désigné of the Whale fishing and not other- wise under the Penalty of paying treble Costs to* the Master of any such Indian or Indians so to be sued arrested Molested or Detained. And be it further Enacted by the Authority aforesaid That if any per son or persans shall purchase take to pawne or any ways gett or Receive any Cloathing Gun or other necessaries that his Master shall Lett him hâve from any such Indian or Indians or Suffer any such Indian to be Drinking or Drunk In and about their Houses, when they should be at Sea or other business belonging to that Désigné of Whale fishing or shall Carry or Cause to be Carried any Drink to them whereby such Indians are made uncapable of Doing their Labour and Duty in and about their masters Service between the first Day of Noveanber and the fifteenth of Aprill following He She or they so offending besides Restoring to such master such CloathingLAWS OF THE COLONY OF MW YORK. 611 Gun or other necessâries shall forfeit and pay to the master of such Indian or Indians the Sum of Thirty Shillings, Current money of New York to be Recovered before any Justice of the Peace in the Oounty where such offence Shall be Comsmitted who is hereby Authorized and empowered to hear and Détermine the Same and thereupon to award Execution the one half of such lïorfeitures to be to the master of such Indian or Indians and the other halfe to the use of the County where such Prosecution shall be ma de This Act tx> Continue and be of force for and Dureing the Space and Term of Seaven years from the Publica- tion hereof. [CHAPTER 168.] [Chapter 168, Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 307. Title only is printed in Baskett, p. 93. See «chapter 157. Revived bv chapter 193.] AN ACT for Reviving an Act of General Assembly Entituled an Act for the better Setling the Militia of this Province & nrmking it more usefull for the Security and Defence thereof. [Passed September 18, 1708.] BE IT Enacted by the Govemour Couneil and Assembly and it is hereby Enacted by the Authority of the same. That one Act*of General Assembly, Entituled, an Act for the better Setling the Militia of this Province & making it more Usefull for the Security & Defence thereof ma.de in the first Year of the Reign of her présent Maty expir’d by iits own Limittation, shall be & is hereby Enacted by the Authority aforesaid to be of force for & during the Space & terme of one Year from the first day of September in this présent Year, One thousand Seven hundred & Eight and no longer. BE it further Enacted, & it is hereby Enacted by the Authority aforesaid, That for & during the time aforesaid, Ail persons by the said Act Exempted from being listed ifi the Militia Com- panies of the City of Albanv and ail other person or persons who hâve heretofore born any Office Civil or military within the said City (the Justices of the Peace for the time being only Exoepted) be with ail speed Listed into; one Company under the Command of such Officer and Officers as his Excellency shall think fitt to appoint, which said Company is hereby ordered & directed to take its respective turn in mounting and keeping the Night Guards in the said City, and ail persons to be Listed therein, are hereby made lyable to the same, & like Fines & Forfeitures as other the Militia Companies in the said City &612 LAWS OF THE COLONY OF NEW YORK. County by the said Act are made Lyable unto, they yet remaining Free & Discharged of ail other Military Services Cases of Alarma Excepted. AND be it further Enacted by the Authority aforesaid, That in Cases of Alami, the Justices of the Peace within the said City & County & not being military Offioers are to Join themselves to the said Company for the Comon defence of the said City & County on the Penalty as for neglect of such Duty, as by the said Act is appointed AND be it further Enacted, by the Authority aforesaid that every Militia Officer within the said City, who shall be absent from the Militia Watch in his respective turn, or shall not stay there ail the Night (Sickness Excepted) shall for every such offence for- feit the Sum of Six Shillings Currant money of New York to be Levyed by Distress on the Oiïendors Goods & Chattles by War- rant under the hand & Seal of any one of the Field Officers within1 the City & County, to be applyed to» the uses in the said Act directed, The said Act or any other Law, Usage or Custome to the Oontrary hereof in any wise notwithstanding. [GHAPTER 169.] [Chapter 169, Livingston & Smith and Van Schaack, where title only is printed. Printed in full in Brinley’s Bradford, p. 289; Baskett, p. 84. Expired, September 18, 1710. Livingston & Smith and Van Schaack, State that it was supplied by an act of Parliament.] AN ACT for ye Encouragement of the Post Office within thi3 Province. [Passed September 18, 1708.] WHEREAS the Publick Post-Office within this City of New York hath been found by Several yeares expérience to be very advantagious to this Province in the Carrying and Recarrying Letters and other Dispatches with Speed and Safety, whereby a Mutual Correspondency amongst ail our Neighbouring Colonies and Plantations hath been maintained, and Trade and Com- merce been preserved; To the end therefore that the Same may be so mannaged and Encouraged, that Speedy and Safe Dis- patches may be had, which is most Likely to be effected by Ascertaining and establishing such Rates and sums of money upon Letters and pacquets that shall .be Received and Dis- patched by ye said Office, as may effectually encourage the Same, Be it therefore Enacted by the Governour, Council and General Assembly, and by ye Authority of the Same, That the said Gen- eral Post Office shall Remain, Continue and be in some Con- venient Place within the Citty of New York, from whence ailLAWS OF THE COLONY OF NEW YORK. 613 Letters and pacquets whatsoever may be Dispatched with Expé- dition into any part of our Neighbouring Colonies and Planta- tions on tliis Main Land and Continent of America, or to any other of her Majestys Kingdoms and Dominions beyondfthe Seas, att w’ch said office ail Returns and answers may be Likewise Received ; and tbat there shall be one post-Master General of the said office, from time to time appointed or Deputed by her Majestys post-master General, for the time being, in the King- dom of Great Britain, which said Post-master General for the time being, his Deputy or Deputies, Servants and Agents by him thereunto Sufficiently Anthorized, and no other person or persons whatsoever, shall from time to time hâve the Receiving, takeing up, ordering, Dispatching, sending post or with Speed, and delivering of ail Letters and pacquets whatsoever, which shall from to time be sent to and from ail and every the adjacent Colonies and Plantations on this main Land and Continent of America, or any other of her Majesties Kingdoms and Domin- ions beyond the Seas, where he the said Post-Master General shall Settle, or Cause to be Settled, Posts or Runing Messengers for that purpose, Except such Letters of Merchants and Masters which shall be sent by any masters of any Shipps, Barques or other Vessels of Merchandize, or by any other person Imployed by tliern, for the Carriage of such Letters aforesaid, according to the Respective Directions, and also except Letters to be sent by any Private ffriend or ffriends in their Ways and Journeys, or TraveljOrby any Messenger or Messengers sent on purpose for or Concerning the Private Affairs of any person or personsL And be it further Enacted by the Authority aforesaid, That it shall and may be Lawful to and for such Post-master General to be Oom- stituted and appointed, as aforesaid, and his Deputy or Deputies by him thereunto Sufficiently Authorized,* to Deimand, hâve, Reoeive and take fo*r the portage and Conveyance of ail such Letters which he shall so Convey, Carry or send Post, as afore- said, according to the Several Rates and sums of Currant Money of this Oolony hereafter mentioned, not to exceed the same, that is to say, For the port of every Letter, not Exceeding one Sheet, from Europe, the West-Indies or else-where beyond the Seas, Four pence half penny Currant money aforesaid; Ail Merchants Accounts not above a Sheet, bills of Exchange, Invoices & bills of Lading shall be allowed without Rate in the price of the Let- ters; and also, the Covers of the Letters, not Exceeding a Sheet of paper, from any places beyond the Seas. And for the port of every pacquet of Letters, Nine pence. And for ye port1 of every Letter not Exceeding one Sheet from Boston to New-York, or froïm Mary Land to New-York, Nine pence Currant614 LAWS OF THE COLONY OF NEW YORK. money aforesaid. And for the like port of every Let- ter not Exceeding two Sheets, Eighteen pence. And for ye Like port of every pacquet of Letters, or other thing whatsoever, Eighteen pence for every ounce Troy-weight. And for the port of every Letter not exceeding one Sheet, from Virginia to New-York, Twelve pence Ouvrant money aforesaid. And for ye like port of every Letter not exceeding two Sheets, two Shillings Currant money aforesaid. And for ye Like port of every pacquet of Letters, or otherthing whatsoever, Two Shill- ings for every Ounce Troy weight. And for ye Port of every Letter not exceeding one Sheet; to or from any place, not exceed- ing Eighty Miles distant from New York, four pence half penny Currant Money aforesaid, and for the like port of every Letter not exceeeding two Sheets, Nine pence Currant Money aforesaid. And for ye Like port of every pacquet of Letters, or other thing whatsoever, Nine pence for every ounce Troy weight. And for the more effectuai encouragement of ye said General Post office, Be it further Enacted by ye Authority aforesaid, That ail ye Respective Post-masters that shall be Settled in ye Respective Stages for the purpose aforesaid, throughout the Province, shall, during the Space and time that this» Act shall be in force, be freed and exempted from Excise anid ail publick services what- soever, except the post-master of the City of New York, who is only exempted from Publick Services. And be it further Enacted by ye Authority aforesaid, That no persan or persons whatso- ever, or body Politick or Corporate, other than the Post master General aforesaid, shall présumé to Oarry, Re-carry or deliver Letters for Hire, other than as before exeepted, or to set up or imploy any foot Post, home or pacquet, Boat whatsoever, for ye Carrying, C'onveying and re-carrying of any Letters or Pacquets by Sea or Land within this Colony, or Shall provide and main- tain horses and furniture for the Horseing of any through Posts, or persons Riding Post, with a Guide and Horn, ats is usual in lier Majestys Realm of England, upon pain of forfeiting the sum of one hundred pounds Currant money aforesaid for every Sev- erall offence against the Ténor of this présent Act to be sued and Recovered in any Court, of Record within this Province By Bill plaintt or Information wherein no Essoyn protection or wager of Law shall be admitted one third of ye sd forfeiture to the Govemour one third to the use of the Colony to be paid to ye Treasurer for ye time being and the other third to the Infor- mer who shall sue and prosecute the same. Be it further Enacted by ye Authority aforesaid that ail Letters and Pacquetts that by any master of any Ship or Vessell or any of his Company or any Passengers therein shall or may be brought to this PortofLAWS OF THE COLONY OF NEW YORK. 615 New York other than such Letters as are before Excepted shall by such master Passenger or other persou be forthwith Delivered unto the Post master of New York for the time being or unto his Servant or Servants and by him or tliem to be Delivered According to the Severall and Respective directions of the same. Provided that no Letters going up or comeing down Hudsons River and going to or from Long Island Shall be Carryed to the Post Office any thing herein Contained to the Contrary hereof notwithstanding. And be it further enacted by the Authority aforesaid that no person or persons whatsoever or body pollitick or Corporate other than such post master Generall as shall be nominated and appointed as aforesaid, his Deputy and Deputies or Assignes shall présumé to Carry recarry and Delivere Letters for Hire other than as before excepted or to sett up or Imploy any foot. post, horse post, Coach post, or pacquett boat whatsoever, for the Conveyance carrying and recarrying of any Letters or pacquett by Land or water within this her Majestys Colony of New York or shall provide and maintain Horses and fourni- ture for Horseing of any through posts or persons ride^ ing in post with a Guide and home as usuall for hire, upon paine of forfeiting one hundred pounds Currant money of this Colony for every Severall offence against the Tennor of this présent Act and also: for the for- feiture of the sum of Twenty pounds of like money for every weeks time any offendor against this Act shall Imploy maintaine and Continue any such foot post, horse post, Coach post or pacquett boat as aforesaid, which said Severall and Respective fforfeitures shall and may be Sued for and Recovered by Action or Actions of Debt plaint or Information in any of her Majestys Courts of Record within this Province wherein no> Essoine privi- ledge, protection, or wager of Law Shall be. admitted, and the said Severall and respective forfeitures that Shall happen from time to time to be Recovered shall be and remaine one Third part to the Governour one Third part to the use of the Colony to be paid in to the Treasurer for the time being and the other third thereof to such person or persons who shall or will Informe against the Offendor or Offendors against this présent Act, and Shall or will sue for the said ffoïfeitures upon the same. Pro- vided always that this présent Act Doe and Shall Continue in force from the publication hereof for and dureing the Spaee of two years and no Longer any thing to the Contrary hereof in any wise notwithstanding.616 LAWS OF THE COLONY OF NEW YORK [CHAPTER 170.] [Chapter 170, Livingston & Smith and Van Schaàck, where the title only is printed. Printed in full in Brinley’s Bradford p. 291. Title only is printed in Baskett, p. 87. Livingston & Smith and Yan Schaack State that the act was confirmed by the Crown, December 15, 1709. Expîred in 1713. Revived by chapter 277. Repealed by chapter 547.] AN ACT to prevent Damages by Swine in the County of West Chester, Queeas County & the County of Richmond. [Passed September 18, 1708.] BE it Enacted by the Governour Council and Assembly and by the Authority of the same, That within the County of West Chester, Queens County and the County of Richmond, froïn and after the first day of March now next Ensuing, no> Swine small or great shall or do run at Liberty in the streets Meadows or undivided or Comon Land or within their Neighbours Feilds or Enclosures upon any pretence or Execuse whatsoever under penalty, That it shall & may be Lawfull for any person or per- sons who shall find any Swine at Liberty as aforesaid after the first day of March either in the Streets Meadows Comon or undi- vided Lands, or the Feilds or Enclosures of any person except the Feilds and Enclosures of the Owners of the said Swine, to take the said Swine & them to Tmpound in any Pound in the said Town or Precinct where they shall be taken, there to remaine untill the Owners or Owners of such Swine shall pay and sat- tisfy for the first Offence the Sum of Nine pence Lawfull money of this Colony for each Swine so< found and Pounded to him who shall take impound & keep the same, & for the second offence & every offence after the sum of three shillings to be paid in man- ner aforesaid. And in case it shall so happen that after Eight & Forty hours notice of such Impounding the Owner or Owners of such Swine shall or will not redeem his or their Swine by paying the penalties aforesaid. That then it shall & may be Lawfull for the person & persons so taking & Impounding such Swine to expose the same to open Sale to the highest bidder & the money arriseing from such Sale to dispose of the one half to his own propper use, & the other to the Overseers for the use of the Poor of the Town or Precinct where Such Swine shall be taken & Impounded. And be it further Enacted by the same Authority that it shall & may be Lawfull for every Man to make a Pound within & upon his own Grounds, & that this Act shall in no ways Barr or exclude any man from his Damages done by any Swine, but thatLAWS OF THE COLONY OF NEW YORK. 617 the same ma y be had & recovered, as if this Act had never been< mada Provided always that every & ail Act and Acts heretofore made to remedy Damages done by Swine be and continue in their full force any thing in this Act notwithstanding, & that this Act shall remaine in force for the Space of Five Years from the said first day of March only. [CHAPTER 171.] [Chapter 171, Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 296; Baskett, p. 89; Livingston & Smith and Van Schaack and Baskett state that the act was confirmed by the Crown December 15, 1709.] AN ACT for Suppressing of Immorality. [Passed, September 18, 1708.] Whereas Prophainness and Immorality hâve too much abounded within this Colony to ye Shame of Christianity, and the great grief of ail good and Sober men, for the Suppressing whereof for the future. Be it Enacted by the Governour Council and Assembly now met and assembled, and by the Authority of the Same, that ail Christians whatsoever within this Province, who shall be Convicted of Drunkenness, Cursing or Swearing by the Information of Every Constable within their Respective precincts, or of any other person whatsoever before any one of her Majesties Justices of the Peace of the City or County where such fact is Committed, by the Confession of the Offender, or the Oath or Attestation of one Crédible Witness (which every Justice of the Peace is hereby Authorized to Administer) every person so Convicted Shall be fined by the said Justice of the Peace for Drunkenness Cursing or Swearing, in the Sum of three Shillings money of the Province of New York for each offence, ail which fines to be Immediately Levyed upon the offenders Goods and Chattles by the Constable aforesd by warrant from the said Justice of the Peace, and for want of Effects to make such Distress the said Constable by Warrant from the said Justice of the Peace, shall Commit the offender to the Stocks for the Space of four hours, for Drunkenness, and ( two hours for Cursing or Swearing And each Distress so made as, above said to be by the said Constable Sold at a public Out Cry (unless Redeemed by paying the fine withinn three days) and after full payment of Said fine the Overplus if any be) shall be returned to the owner; and ail such fines to be by the Constables aforesaid Immediately paid to the Overseers for the Poor of thej s’d City or County where such fact is Committed for the use ofj 78618 LAWS OF THE COLONY OF NEW YORK. the Poor of that City or County for ail winch fines the Overseers of the poor Shall be Accountable Yearly to the Justices in their Generall Quarter Sessions of the Peace And every Negro, Indian or other Slaves: That shall be found gillty of any of the above- said facts or talke Impudently to any Christian Shall Suffer So many Stripes at some publick place as the Justice of the Peace in such place where such offence is Committed Shall think fit: not exceeding forty Any Law Custome or usage to the Contrary hereof in any ways not withstanding. [CHAPTER 172.] [Chapter 172, Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Brinley’s Bradford, p. 292; Baskett, p. 87. Livingston & Smith and Van Schaack, State that the act was con- firmed by the Crown, December 15, 1709. Hepealed in part by chap. 261. Further provided for by chapter 316.] AN ACT for the more Effectuall préser- vation of Deer and other Game and ye Destruction of Wolves Wild Catts and other Y ermin. [Passed, September 18, 1708.] BEE it Enacted by the Governour Councill and Generall Assembly and by the Authority of the Same That from and after the Publication hereof Whatsoever person or persons ffree Man or Slave Christian or Indian shall Destrov or kill any Wolve or Wolves, or their Whelp or Whelps, any Wild Catt or Wild Catts, their Catling or Catlings any Fox or Foxes their Puppy or Puppyes and Squerells Crowes and Black Birds or their young Ones in the Countves of Suffolk Queens County and Kings County shall hâve and Reeeive as a Reward for each Wolfe so Destroyed and Killed the Sum of ffive pounds Current money of this Colony; and for every such Whelp under a year Old so Destroyed and Killed the sum of ffifty Shillings Current money aforesaid; And for Each Wild Catt and Fox the Sum of three Shillings and for each their Catlings puppies or Cubs Eighteen pence and for each Squerell three pence and for Each Crow three pence and for every their Young Ones two pence and for Black birds after the Rate of four pence half penny the Dozen and their Young ones three pence the Dozen And that in the County of Richmond for Killing Wild Catts, Foxes, Crows and black birds and their .Young Ones the like price and Reward above mentioned And for ye more effectuai payment of ye said Rewards Bee it Enacted by the Authority aforesaid that the same Rules Courses and Methods fforfeitures and penalties be had and used in ail and every Respect as are Enacted mentioned and Expresst in an Act made in the first vear of her Majesties Reign Intituled An Act for Destroying of Wolves within this ColonyLAWS OF THE COLONY OF NEW YORK. 619 And for the préservation of Deer and other Game within the' Countyes of Suffolk Queens Count and Kings County aforesaid Be it Enacted by ye Authority aforesaid Tbat whosoever within the Gonntys last aboyé mentioned Christian or Indian ffreemait or Slave after the Publicacon hereof shall kill or Destroy any Buck Doe or ffawne, or any sort of Deer whatsoever, any Wild Turkeys, heath hens, Partriges or Quailes their Eggs or young Ones at any time of the year except the times and Seasons herein after mentioned and Exprest, That is to Say for Deer between the first day of Angust and the first day of January and for Turkeys, Heath hens Partriges and Quailes between the first day of Angust and the first day of Aprill shall fforfeit and pay for every such Buck Doe ffawne or other Deer so Killed or Destroyed as aforesaid the sum of Thirty Shillings Lawfull money of New York or in default thereof Suffer Imprisonment for the Term and Space of Thirty Days without Bail or Mainprize, unless within that time he or they pay the fforfeiture aforesaid. and for every Wild Turkey, Chicken or Egg killed or Destroyed a» aforesaid the Sum of five shillings like Current money aforesaid or in Default thereof Suffer Imprisonment for the Space of five days as abovesaid And for every Heathen, Partrige or Qu&il their Eggs or young Ones so Killed or Destroyed as abovesaid the Sum of two Shillings and Six pence or two Days and o-ne halfes Imprisonment as aforesaid; one half of ail such fforfeit- ures shall be to him who shall prosecute and sue for the Same before any One of her Majestys Justices of the peace where such offence shall be Committed, wfio is hereby Authorized Impowered and Kequired to hear and Détermine the same And the other halfè to the Poor of the Respective County where any person or persons shall be of such offence Convicted. And for the better Convicting of the Offendors in ail or any the Cases abovesaid Bee it Enacted by the Authority aforesaid That whatsoever person or persons with whom shall be found or Shall Expose to Sale any green Deer Skins, ffresh Venison or Deer» fQesh, Wild Turkeys, heath-hens, Partridges or Quailes, their Eggs or young Ones, at any other time of the year than what is before Excepted, shall be held, Deemed and Judged Guilty of the said offence, and be thereof Convict, unless he or they shall prosecute and Convict some other person to hâve done the same; and that the same green Deer skins, ffresh Venison or Deers fflesh, Wild Turkeys, Heath-hens, Partridges or.Quailes, theiîr Eggs and young Ones, so found as aforesaid, or any other prob- able Circumstance, at the Discrétion of the Justice before whom such offence shall be tryed, shall be held to be good Evidence in the Offences aforesaid.620 LAWS ÔF THE COLONY OF NEW YORK. And Bee it ffurther Enacted by the Authority aforesaid that if any Justice of the Peace shall neglect or. Refuse to hear and Détermine any of ye Cases aforesaid according to the Rules and Directions before mentioned eyery such Justices of ye Peace so Neglecting or Refusing as abovesaid shall fforfeit for eyery such Neglect or refusall the sum of Three pounds Lawfull money of New York aforesaid to be Recovered in Any Court of Record or other of her Majestys Courts within the same County where such Justice of the Peace doth belong the one half whereof to him who shall prosecute and sue for the Same and the other half to the Treasurer of the County where the said offence shall be Com- mitted and prosecution made to and for the use of the Same County Proyided that Nothing herein Contained is intended or shall be Construed to Repeal or alter one Certain Act of Assem- bly made for the préservation of Deer in ye year of our Lord 1705 Saying the iforfeiture for Destroying of Deer But the Same Act in eyery other part thereof is hereby Confirmed Proyided al way s that the whole Reward for Destroying of Wolves and their Whelps is Declared and Intended to be only fiye pounds for a grown Wolf and Fifty Shillings for each Whelp in the whole the said Act made in the first year of her Majestys Reign for Destroying of Wolyes notwithstanding. [CHAPTER 173.] [Chapter 173, Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 295. Title only in Baskett, p. 89. Livingston & Smith, Yan Schaack, and Baskett State that the act was repealed by the Queen, March 3, 1708. For copy of veto, see Doc. Rel. to Col. Hist. of N. Y., V, p. 71.] AN ACT for the Regulating and pre- yenting the Corruption of the Currant Coyn. [Passed October 6, 1708.] For Prévention of the Corruption of the Coyn Usually Currant within this Colony. Be it Enacted by the Goveraour Council and Assembly and by the Authority of the same That from and after the Publication of this Act none of the Severall Coyns herein after mentioned shall be paid Received or taken but at the Rates and Value herein Limitted and Exprest and no» other- wise That is to say Ail Spanish half Ryals fair unclipt and no manner of way defac’d at four pence half penny each Ail Spanish, Ryalls fair unclipt and in no manner of way defae’d at Nine pence. Ail Spanish Double Ryalls not Clipt nor in any manner of way Defae’d at Eighteen pence. Ail other Spanish money of the Coyns of Mexico Seevill and Pillar peices whatso- ever at Eight Shillings the Ounce Troy. Ail pièces of Eight andLAWS OF THE COLONY OF NEW YORK. 621 half pièces of the Coyn of Perue at Six Shillings and Eight pence the Ounce Troy. Lyon Dollars that are good and in no manner Defac’d at five Shillings and Six pence each and half Dollars such as before mentioned at Two Shillings and Nine pence each. And that from hence forth no person or persons in this Colony shall be bound or CompelFd to Receive in payment any of the Speices of money before mentioned at any higher or greater price or Rate than is before Sett forth any Usage or abuse to the Contrary hereof notwithstanding. [CHAPTER 174.] [Chapter 174, of Livingston & Smith and Van Schaack, whére the title only is printed. Printed in full in Brinley’s Bradford, p. 295. Title only is printed in Baskett, p. 89. The act expired October 6, 1718. (See ch. 124.)] AN ACT for Reviving an Act of the Gen- eral Assembly of this Province Intituled an Act against Forging Counterfeiting and Clipping of Forreign Coyn which is Ourrant ononey in the Colony of New York. [Passed October 6, 1708.] WHEREAS an Act of the General Assembly of this Province made in the First Year of her présent Majesties Reign Intituled an Act Against Forging Counterfeiting and Clipping of Foreign Coin which is Currant money in the Colony of New-York is expired by its own Lymittation. BE it therefore Enacted by his Excellency the Governour Coun- cil and General Assembly of this Colony, and by the Authority of the same, That the said Act, and every Article Clause and thing therein contain’d be Reviv’d, and Continued and the same Act is hereby Revived, Continued and to romaine in Force for and during the Tenu of Ten Yeares from and after the Publica- tion of this Act and no Longer. [CHAPTER 175.] [Chapter 175, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 305. Title only is printed in Baskett, p. 93. Livingston & Smith and Van Schaack, state that this act was confirmed by the Crown, December 15, 1709.] AN ACT to Enable the Supervisors of Queens County to Repaire or to Rebuild a County Hall and Common Goal for the said County. [Passed October 6, 1708.] Whereas Divers of the Principal Freeholders and Inhabitants Of Queens County hâve by their Pétition Set forth That them LAWS OF THE COLONY OF NEW YORK. County Hall and Common Goal of the said County are Insuf* flcient, which hâve also been lately presented as such by a Grand Inquest of the same County. Be it therefore Enacted by his Excellency the Governour Council and Représentatives of this Province, in General Assem- bly met and Assembled and by the Authority of the same that for and Dureing the Space of three years from and after the Pub- lication of this Act it shall and may be Lawfull for the Super- visors of the said County for the Time being or Major part of thean (who are hereby obliged and Required to Do the same) at any Time or Times, within the said Term of three years to Raise such Sum and sums of money not Exceeding four hundred pounds nor less than one hundred and fifty pounds dureing the said Term upon the Freeholders and Inhabitants of the said County for the Repairing or New Building of a Sufficient Goal and County Hall, and other things needfull for the Administration of Justice in the said County, which Sum and sums of money shall be Raised Assessed, Collected and paid in the same manner and form and under the same Restrictions, pains, penalties and ffor- feitures as is Directed bÿ one Certain Act of Generall Assembly of this Province Entituled an Act for the better Explaining and more Effectuai puting in Execution an Act of Generall Assem- bly made in the third year of the Reign of the Late King Wil- liam and Queen Mary Entituled an Act for the Defraying of the Publick and Necessary Charge throughout this Province and for maintaining the Poor and Preventing Vagabonds, save that the penalty for every Superviser who shall Refuse or Neglect his Duty therein, to be Twenty pounds and the Treasurer of the said County unto whom the said sum and sums of money is to be paid shall keep a Distinct Just and true Account thereof and make payment of the same to and for the Uses aforesaid and to no other use or uses whatsoever. [CHAPTER 176.] [Chapter 176, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 294. Title only is printed in Baskett, p. 89. Livingston & Smith and Van Schaack, State that this act was repealed by the Queen December 15, 1709. See Letter of Lords of Trade to Gov. Hunter, Doc. Bel. to Col. Hist., of N. T., V, p. 157.] AN ACT to Relieve this Colony from Divers Irregularitys and Extortions. [Passed October 6, 1708.] Her Majesties most Loyall Subjects Inhabiting the Colony and Plantation of New York in America deeply Sencible of many irregularities introduced and Extortions which from time to time to their Extream grief and Loss they hâve Laboured under mostLAWS OF THE COLONY OF NEW YORK 623 Humbly and earnestly pray your Excellency that it may be Enacted and Bee it Enacted by the Governour Council and Assembly and by the Authority of the saine. That hereafter no* Coroner or Coroners» may be appointed in the Severall Citys and Conntys in this Colony without Her Majes- ties Writt To Elect a Coroner be issned and Directed to the Severall and Respective Sheriffs for the ffreeholders to- Choose and elect such Coroners as is and ever has been the Common Law practice and Usage of Her Majesties Realm of England. And in Regard itt is allways has been the» Unquestionable Right of every ffreeman in this Colony to hâve a perfect and entire propertj in bis goods and E&tate Notwithstanding :whîch many great Unreasonable and excessive Sums of money hâve been Exacted and Levyed on her Majesties Subjects here not only by the Collectera of the Dutys and Customes on goods Imported and Exported and their under officers and Servants but also by Sheriffs bailys and their men, Glerks and many other officers and Ministers as well by Land as by Water under the Oolour of Port Charges, ffees, and perquisits very Extravagant without Reason or limitation, unlawfull, and tending not Less to the Great Discouragement of Trade and Settlement of Peuple among us, fhen to the Driving away great Numbers of the Inbabi- tants and Impoverishing of those who Remain, a Violation of the Peuples property, and the Destruction of the whole Colony. Be it therefore Enacted and declard by the Authority afore- said that no sum or sums of money be sball or ought to be Imposed Levyed or Exacted from any person or persons in this Colony or their goods or Estâtes Seilzed taken or detained under pretence of ffees port Charges perquisits or other pretext or Colour whatsoever nor any Tax or imposition laid unless by Con- sent of the Peuple Gonven’d in Generall Assembly and Sorne positive Law or Statute so Enacted agreed to and Established to justify and Authorize the Same. And be it also Enacted by the Same Authority That where any person or persons within this Colony shall'happen to be sned or prosecuted for any Suposed Crime, Offence, Trespass or Misde- meanior and shall be thereafter Cleared and Discbarged by Verdict of a Jury of Twelve men or otherwise such person or persons sball not be bound or Oompelled to pay any ffees for or Relating to his Prosecution or any thing whatsoever unless the ffees of ve Officers Respectively, whom be does or shall imploy, for, and in order to bis Necessary Defence and Discharge.m LAWS OF THE COLONY OF NEW YOEK. [CHAPTEE 177.] [Chapter 177,"of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 302. Title only is_printed_in.Baskett, p. 93.] AN ACT for Baising Two hundred and fifty Three pounds Sixteen Shillings to Discharge the Lord Cornbury from his Contract with Mister Hansan. [Passed October 16, 1708.] ffor the Discharge of his Excellency the Lord Cornburys Con- tract with mister Hendrick Hansen. Be itt Enacted by the Governour Council and Assembly and by the Authority of the same that the snm of Two hundred and fifty Three pounds Sixteen Shillings Lawfull money of New York be Lay’d assessed, Levy’d and Baised upon ail and every the Inhab- itants, Eesidents, Sojurners and Freeholders of and in this Colony of New York according to the Bâtes and Proportions following (that is to Say) For the City and County of New York fifty four pounds Eighteen Shillings. For the City and Countjy of Albany Seaventeen pounds Six Shillings. For Kings County Thirty Six pounds fifteen Shillings. For Queens County forty Three pounds and Six pence. For the County of Suffolk forty three pounds and Six pence. For the County of West Chester Seaventeen pounds fifteen Shillings. For the County of Bichmond Eleaven pounds Seaventeen Shillings. For the County of Ulster Twenty pounds Six Shillings. For the County of Orange four pounds Nine Shillings. For Dutchess County four pounds Nine Shillings. And that the same be paid into Colonell Abraham DePeyster the Treasurer of this Colony on or before the Twenty fifth day of March next Ensuing. And be it further Enacted by the Authority aforesaid. That the said Sum of Two hundred and fifty three pounds Sixteen Shillings be and is hereby given and granted unto her Majesty her Heirs and Successors to be Disposed paid out and apply’d to the use aforesaid and to no other use or purpose whatsoever. And that the said Sum of Two hundred and fifty three pounds Sixteen Shil- lings shall be paid by the said Treasurer unto the said Hendrick Hansen his order or Assignes whose Beceipt shall be a Sufficient Warrant and Discharge to the said Treasurer for the same and the Lord Cornbury is hereby exonerated and Discharged from his Contract and obligation to mister Hansen. And more over be it Enacted by the Authority aforesaid that over and above the respective Sums before Enacted and appointedLAWS OF THE COLONY OF NEW YORK. 625 to be paid by the Several Citys and Countys in this Colony before Assessed raised Collected and Levy’d the Sum of one Shilling and three pence per pound to be Dispos’d and appli’d Nine pence per pound to the Collectors respectively and Six pence per pound to be paid into the Treasurer aforesaid. And be it further Enacted by the Authority aforesaid That the said sum of Two hundred and fifty three pounds Sixteen Shillings shall be Laid, Assess’d rais’d Collected and paid in such manner and under Such Restrictions and Régulations, pains penalties and Forfeitures as are mentioned and Expressed in An Act of Generall Assembly made in ye fifth year of her Majestys Reigne Entituled an Act for raising the Sum of Three thousand pounds towards defraying the Expence of ffortifying the City of New York is Enacted Declar’d provided and Express’d to ail Intents Construction and purposes what&oever as if the Severall Clauses, provisions and Limitations in that Act were at large herein Recited and Sett Down. {CHAPTER 178.} [Chapter 178, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 303. Title only is printed in Baskett, p. 93. Livingston & Smith, Van Schaack and Baskett State that the act was repealed by the Queen, December 15, 1709.] An Act to Enable the Mayor Aldermen and Commonalty of the City of New York ta Raise the Sum of Six hundred pounds in Two years for the uses therein mentioned. [Passed, October 16, 1708.] WHEREAS the Publick Rents Revenues and yearly Incarnes of the City of New York are at présent so small that they are not Sufficient for paying the Debts and defraying the Publick and Necessary Charges thereof. Be it therefore Enacted by the Governour Council and Gener- all Assembly of this Colony and it is hereby Enacted by the Authority of the same That it Shall and may be Lawfull for the Mayor Aldermen and Commonalty of the said City for the time being in Common Council Convened (whereof the Number of Nine may or shall Consent and agréé thereunto) to order the Raising the Sum of Six hundred pounds Currant money of this Colony by a Tax upon the Freeholders and Inhabitants of the said City^ and County within the Term of Two years from and after the Publication hereof in manner hereafter mentioned That is to say three hundred pounds thereof to be assessed Collected and paid on or before the first day of September next Ensuing the Date 79626 LAWS OF THE COLONY OF NEW YORK. hereof, and three hundred pounds other part thereof to be assessed Collected and paid on or before the first, day of Septem- ber which will be in the year of our Lord one Thousand Seaven hundred and Ten Pursuant to which order or Orders of Common Ooundl tx> be made as aforesaid the Mayor of the said City for the Thne being shall forthwith thereupon Issue his Warrants; to the Assessors and Oollectors of each Respective Ward within the said City and County Requiring them to make such Assess- ment and Collection and to pay the same to The Treasurer of the saine City for the Time being in such Convenient Times Respec- tively for the Assessing Collecting and paying thereof as Shall be agreed upon by the said Mayor Aldennen and Comon Council or any Mne of them which said Sum of Six hundred pounds and every part thereof shall by the Treasurer of the said City for the Time being be paid to the uses herein after mentioned and Expressed and to no other use whatsoever and Accounted for in such manner and form as other publick moneys in the hands of former Treasurers of the said City hâve or Ought to be Accounted for. And be it further Enacted by the Authority aforesaid that the said sum of Six hundred pounds Currant money of this Colony to be Raised by Virtue of this Act shall be and is hereby appropriated to the uses herein after mentioned and to no other use or purpose whatsoever (that is to Say) one hundred and fifty pounds thereof to be used Applyed and appropriated to Repaire the Common, Goals and the City Hall of the said City of New York and for Removing the Prison front over the Chamber where the Generall Assembly of this Oolony now Sitteth to some other place; One hundred and fifty pounds more part thereof to be used applyed and appronriiated towards the Repairing the Publick Bridges by the weigh House and the Stairs and Landing places of the said City of New York and three hundred pounds more Residue thereof td be used Applyed. and Appropriated for the payment of the just Debts of the said City of New York. And be it further Enacted by the Authority aforesaid that if any person or persons shall neglect or refuse to pay any Sum or sinus of money whereat he or they are Rated or Assessed by Virtue of this Act, That it Shall be Lawfull for the Collector thereof to Collect and Levy the same by distress and Sale of his or their goods and Chattles with Reasonable Charges of dis- training Bestoring to the Owner the Overplus. And it is hereby further Enacted by the Authority aforesaid That the said sum of Six hundred pounds or any part thereof shall not be used applyed Appropriated or paid to the uses aforesaid without the Consent and Approbation of Nine of the members of the Common Council of the said City of New YorkLAWS OF THE COLONY OF NEW YORK. 627 any thing in this Act or any Law usage or Custam of the said Corporation of New York to the Contrary hereof in any wise notwithgftanding. And be it further Enacted by the Authority aforesaid that the Assessor and Collecter of the Bowery Division of the Out Ward of the City of New York for the Time being are hereby Appointed to be the Assessor and Collector of that part of the Oounty of New York without the Limitts and Jurisdiction of the City of New York for the Assessing and Collecting that part of the said Oounty of New York for the proportionable part of the aforesaid Six hundred pounds to be Raised by Virtue of this Act [CHAPTER; 179.] [Chapter 179, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 306. Title only is printed in Baskett, p. 93. Repealed by a clause in chapter 256.] AN ACT for Refunding Seven hundred & Eleven pounds; ten shillings and five pence misapply’d in the Eighteen hundred pound Tax. [Passed October 16, 1708.] For as much as aman g many other sums the Sum of Seaven Hundred and Eleaven pounds ten shillings and five pence half penny being part of a Certain Tax of Eighteen hundred pounds formerly Rais’d by an Act made in the first year of her présent Majties Reign Entatuled An Act for the Levying & Collecting the Sume of Eighteen hundred pounds for ye raising pa.ying & maSntaining one hundred & fifty fusileers with their proper officers for five months & thirty men with their proper officers to be imployed as Scouts for Sixty two days for the Defence of the Fronitiers was not apply’d to that use but made use of for those Services for which her Majesties Revenue was Raised by Occasions whereof a Certain Debt Due to Colonell William Pear- tree amounting the third of December next wiith the Interest to Six hundred and forty Six pounds thirteen Shillings and four pence borrowed on the Credittt of that Tax remaines unpaid and whereas it is reasonable that her Miajesities Revenue Should rnake good what has been Borrowed out of That Tax and Dis- burst for the ordinary Charges of the Government Be it Enacted by the Govemour Council and Assembly and by the Authority of the saine That the Collector and Receiver Generall for this Colony or Such persan or persans as for the time being shall Exécuté that office shall pay ont of the first monev That shall Corne în to his hands on any Branch of her Majestiies Revenue whatsoever, the said Sum of Six hundred and forty Six pounds628 LAWS OF THE COLONY OF NEW YORK. thirteen Shillings and four pence Currant money of this Colony to Cotonell William Peartree according to the true intent and meaning of the Act aforesaid for Raising Eighteen hundred pounds under Penalty of Seaven hundred pounds to be Recovered by his Excellency Edward Viscount Corn* bury Gerrard Beekman Esqr and Caleb Heathcote Esquire or Either of them his or their Executors or Administrators by Action of Debt in any of her Majesties Courts of Justice in this Colony to be apply’d part thereof for the Discharging the said Debt to Colonel 1 Peartree and the Overplus to' be paid into the Treasurer of the Colony for the Time being for such Uses as the Govemour Council and Assembly shall appoint and Direct. Provided always That this Act nor any thing therein Con- tained shall not be Oonstrued nor extend to Release or Dis charge any person or persons who hâve or has Reeeived and misapply’d any of the said Tax or any other Taxes save'-only for so' much as by Vilrtue hereof shall be paid in manner before exprest any thing herein Oontained to the Contrary hereof notwithstanding. And be it further Enacted by the Authority aforesaid That in Case it Shall so happen that the said sum of Six hundred and forty Six pounds thirteen Shillings and four pence be not paid and Satisfyed to the said Colouell Peartree on or before the said third day of December next according to the tine intent and meaning of this Act then and in such Case lit shall and may be Iiawfull for the said Lord Viscount Oombury, Gerrard Beelanan and Caleb Heathcote or Either of them his or their Executors and Administrators by Virtue of this Act to hâve an Action against Goionell Thomas Wenham and Peter Fauconnier Esqr their Executors and Administrators for the said Sum of Six hun- dred and forty Six pounds thirteen shillings and four pence haveing been Oommissioners and Received the money ariseing by the Eighteen hundred pound Tax aforesaid. Provided always and it is the true Intent and meaning of this Act that there shall be but one reoovery of the said Seven hun- dred pounds and no more fCHAPTER 180] [Chapter 180, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 304. Title only is printed in Baskett, p. 93.] AN ACT for raising a Fund for defray- ing some extraordinary Charges that hâve happened in this Colony. [Passed October 30, 1708.] Whereas Several persons upon extraordinary Emergency for the Defence of the ffronteers and other occasions hâve advancedLAWS ’OF THE COLONY OF NEW YORK. 629 Money and done Services, and it being liighly reasonable that such persons should be duly paid, Be it therefore Enacted by the Gov Council & Assembly & by the Authority of the Saine, That ye Sum of Seven hundred fifty Six Pounds & four shillings cur- rent Money of this Colony be laid assessed levyed and raised upon ail and every the Inhabitants Residents Sojourners & Freeholders of and in this Colony of New York according to ye Rates & Pro- portions following vizt. For the Citty & County of New York one hundred Sixty three Pounds nineteen Shillings & seven pence For ye City & County of Albany Fifty one Pound eleven shills & 6d For Kings County one hundred & nine Pounds thirteen shills & 2d For Queens County one hundred twenty eight Pounds nine shills & lld For Suffolk County one hundred twenty eight Pounds nine shills & lld For Ulster County Sixty pounds nine Shillings & five pence For West Chester County fifty two pounds nineteen shillings & nine pence For Richmond County Thirty five pounds Six shills & 7 pence For Orange County Twelve pounds twTelve shillings & eleven pence For Dutches County Twelve pounds Twelve Shillings & eleven pence And that the Sanie be paid in to Coll Abraham DTevster the Treasurer of the Colony on or before the First Day of December in the year of our Lord one Thousand Seven hundred & nine And be it further Enacted by the Authority aforesaid That the Said Sum of Seven hundred fifty Six Pounds & four Shills be and is hereby given and granted unto her Majesty her Heirs and Successors, To be disposed paid out and applyed to the Several uses Intents and purposes in this Act mentioned, and to no other Use or Uses whatsoever That is to Say, the Sum of One hundred Pounds to John Cuvier being the Sum the Commissioners for the Indian affairs at Albany and others borrowed last Winter of Coll Abraham DTeyster for the use of Spyes and other Incidentals towards Securing the Fronteers: Which Sum of One hundred Pounds shall be paid by ye Treasurer to the said John Cuyler, whose Receipt shall be a sufficient Warrant and Discharge for the same. And the sum of Two hundred and Twenty Pounds five Shillings and Six Pence half Penny shall be paid to the Several persons hereafter named, to wit, To John van Horne five Pounds To Peter van Tillburgh four Pounds630 LAWS OF THE COLONY OF NEW YORK. To Thomas Ives Two Pounds Six Shillings & Six pence To Adolph Phillipse Esqr Thirty one Pounds fourteen shillings and Six pence To Thomas Roberts Sixteen Pound Thirteen Shillings To John Burger Ten Pound four Shillings To George Norton one Pound Ten Shillings To Barth. Feurt Ten Pound Ten Shillings To Robert Walters Eighty Two Pounds twelve Shillings To William Sells ffive Pounds To Coll Thomas Wenham Twenty Three Pounds one Shilling and three half pence To John Ellison Three Pound seventeen Shillings & nine pence To Adrian Beekman Six Pounds To Wm. Bradford Three Pounds Seventeen Shills and three pence To Lancaster Syms Three Pounds four Shills and Six pence To Wm. Perse, Carman, Three shillings To Wm. Chambers Eighteen shillings & nine Pence To John Stevens Twelve Shillings To Nanning Harmensen Three Pounds To Elias Peltro Three Pounds Eight Shills & two pence To Robert Lurting Two Pounds & thirteen Shillings To defray tjie Charge of the Expédition under Coll William Pear- tree in the year One Thousand seven hundred and Five against Privateers that were upon ye Coast And the Sum of Two hundred Fifty Two Pounds and Eighteen Shillings to William Bradford Printer And the Sum of One hun- dred Twenty Five Pounds to Gabreil Ludlow Clerk And the Sum of Forty Two Pounds Ten Shillings to Gabill Luff, late Door- keeper to ye Assembly. And the Sum of Fifteen Pounds and Ten Shillings to William Churchill for Services done for the Assembly And moreover Be it Enacted by the Authoritv aforesaid, That over and above the respective Sums before Enacted and appointed to be paid by ye Several Cities and Counties in this Colony before exprest, there shall by Virtue of this Act be assessed Raised collected and levied the Sum of One Shilling and Three Pence P Pound to be disposed and applyed, nine pence P Pound to the Collectors respectively, and Six Pence P Pound to be paid unto the Treasurer aforesaid And be it further Enacted by the Authority aforesaid That the said Sum of Seven hundred Fiftv Six Pounds and four Shillings shall be laid Assessed raised collected and paid in Such manner and under such Restrictions and Régulations Pains Penalties and Forfeitures as are mentioned & expressed in an Act of General Assembly made in the Fifth Year of her Majesties Reign Entituled An Act for Raising the Sum of Three Thousand Pounds towards defraying the Expence of Fortifying ye Citty of New.LAWS OF THE COLONY OF NEW YORK. 631 York, is Enacted Declâred Provided and expressed, to ail intents constructions and purposes whatsoe.ver, as if tke Several Clauses . Proviso’s and Limitations in tkat Act were at Large herein Recited and Set down And Lastly be it Enacted by the Autbority aforesaid That the Receipts of the Severall persons hereinbefore mentioned shall be a Sufficient Discharge to the Treasurer for the respective Sums herein express’d. [CHAPTER 181.] [Chapter 181, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 297; Baskett, p. 90. Livingston & Smith and Van Schaack and Baskett, State that the act was confirmed by the Queen, December 15, 1709. Repealed by chapter 560.] An Act for preventing the Oonspiracy of Slaves. [Passed October 30, 1708.] BEE it Enacted by the Governr Councill and Assembly and it is hereby Enacted by the Authority of the same, that ail and every Negro Indian or other Slave or Slaves within this Colony who at any time after the Exécrable and Barberous Murder comitted on the Person and familv of William Hallet Junr late of New Town in Queens County Gentleman Deceased hâve has or shall Murder or otherwise Kill unies by Misadventure or in Execution of Jitstice or Conspire or attempt the Death of his her or their Master or Mistress or any other of her Majesties Leige People not being Xegroes Mulattos or Slaves within this Colony and shall thereof be Lawfullv Convicted before three or more of her Majesties Justices of tlie Peace One whereof to be of the Quorum who are hereby authorized and Empowered to hear and détermine the same and put their Judgments in Execution according to this Act or before any Court of Oyer and Terminer or Generall Goal Delivery he she or thev so offending shall Suffer the paines of Death in such manner and with such Cir- cumstances as the aggrevation and Enormity of their Crime in the Judgment of the Justices aforesaid of those Courts shall merrit and require AXD be it further Enacted by the Authority aforesaid that the Owner or Owners of Such Xegro' or Indian Slave or Slaves to be Executed by Yirtue of this Act shall be paid for the same in the like manner and under the same Régu- lations as is declâred in and by an Act of the Generall Assembly of this Colony made in the fourth year of her Majesties Reign, Entituled an Act to Prevent the running awav of Negroi Slaves ont of the Cittv and County of Albany to the French at Canada Provided the Value of such Slaves shall not exceed the price of Twenty five Pounds Lawfull money of this Colony, nor the Charges of prosecution above five Pounds632 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 182.] [Chapter 182 of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Brinley’s Bradford, p. 288; Baskett, p. 83. Livingston & Smith, and Van Schaack and Baskett, State that this act was conürmed by the Queen, December 15, 1709. See chapters 154 and 270.] , AN ACT for the Explaining An Act Entituled An Act for the Laying ont Regulat- fng Cleering and preserving Publick Com- mon Highways thro’out this Colony. [Passed October 30, 1708.] ffor the better Explaining and rendering effectuall One Act of Generall Assembly Entituled an Act for the Laying out Regu- lating Cleering and preserving Publick Oommon Highways throughout this Colony made in the year of our Lord One thous- and Seven hundred and three and since by one another Act of Assembly Continued and still in force. Be it Enacted by the Governour Council and Assembly and by the Authority of the same. That the ffreeholders and Inhabi- tants of the Severall T'owns precincts by and thro’ which lands any Commun High Ways hâve Used to Run or hâve been ascer- tained and Lay’d ont are and Shall be herebv bound and obliged to Cleer preserve and maiintain the same High Ways by cutting up the brush pulling up ail Stones great and Small that Can be raised & Carried off the bredth of a Rod and the Limbs of ail Trees lianging over the said rodes to be Lopt and Carried off and so often as they or any of them shall hâve Notice from the Commîssioners or Surveyors or Overseers of the High Ways for the tlme being throughout this Colony Respectively by themselves or their Servants shall work and Labour for the Cleering levelling and amending the same High Ways not exceeding Six days in the year under the Penalty of three shill- ings for each Day every per son shall neglect or refuse such Ser- vice to be Levved by the Constable in each Town and precinct by Distress and Sale of the offenders goods and Chattles by Warrant from the Commissioners Surveyors or overseers of the High Ways for the time being in every County or town or the Major part of them Respectively, Retuming the Overplus of such Sale to the Owner. And Be it Enacted by the Authority aforesaid That where any High Wav from Any Town or Plantation to any Meadows Mills Wa^ering Places or Oommon Landing Places shall Ly adjacent by or tliro any particular persons Grounds it Shall and may be Lawfull for any such person or persons to place and hangLAWS OF THE COLONY OF NEW YORK. 633 goods easy Swinging Gates on such high ways anti îthe Same Uates make Set up and1 keep at liis her or their own proper Costs, Labour Charges and Expence and the Severall Gates ail- readv allow’d Directed and appointed by the Commissioners abovesaid are Ratifyed approv’d and Confirm’d by Yirtne of this Act and the sanie Highways shall be amended, CleePd and Main laine d by the Inhabitants of eaoh Towne where such ways may Run. And be itt also Enacted by the Authority aforesaid that in Case any person or persons where such Swinging Gates are made and Sett up shall Stake Shore or block up any such Gâte or Gates such person or persons shall be Lyable and Chargeable to make good and pay ail the Damages with Costs the Owner of the Soyl or his tenant or Lessee shall or may Suffer by the Ocasion of Stakeing Shoreing or blocking up such Gâte or Gates by an action on the Case to be grounded on this Act hereby given and to be brought by htm her or them who shall Sustain such Damages to be Recovered in any of her Majesties Courts of Justice in this Colony. And be it further Enacted by the same Authority that the Inhabitants* of The Towne of Harlem shall not be obliged to mend Repaire or Levell any High Ways beyond or without the bounds or Limitts of their own Lands any Law Custome or Statute to the Contrary hereof in any wise not with Standing And whereas Severall persons in the Oounty of West, Chester bave been fonnerly refractory and hâve wholly Refused to assist in Repairing the High Ways. Be it Enacted by the Authority afoiresaid that ail such persons having so Refused as aforesaid shall be obliged either to make Sattisfaction by Labouring in repairing the said High Ways the full time that they hâve fonnerly neglected or else be Lyable to pay the Sum of three Shillings per day to be recovered as is proyided by others offending or Refusing as in and by this Act is Declared. [CHAPTER 183.] [Chapter 183, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Brinley’s Bradford. p. 297 ; Baskett, p. 91.* Livingston & Smith and Van Schaack state that the act was con- firmed by the Queen December 15, 1709. Expired in 1715. Continued by chapter 310.] An Act for the .easier Partition of Lands in Joint Tennancy or in Comon [Passed October 30, 1708.] WHEREAS there are divers large Tracts of Lands granted at Severall times to Severall Companies of good and well meaning ~ 8Q634 LAWS OF THE COLON Y OF NEW YOBK. Subjects, bj’ Letters Pattents under the Great SeaLe of this her Majts Collony, wcli Notwitlistanding Severall Clauses, and Pro- visos, in Said Letter’s Pattents, wkereby those to wliom the Lands were Soe granted were witliin a, Certaine finie ta Settle and Imprave the same, or Sonie Part or Pareell thereof ; iff Order that Setleing Improveing and Peopleing inigbt be promoted thereby, and Contribute one to eacli otlier, Yet the Same being held bv Yirtue of said Letter’s Pattents, bv divers Persons as Joynte Tennants or tenants in Common with otker’s of any Estate of Inlieritance whereof Semé dying, and Sonie other's being Call'd out of tlie Province, by their owne Private Affaires before any dividend made tlie rest Could not divrde to this day, nor Conse- quently Improve tlie Said Tract of land without taking out Writts of Partition wcli Method’s being both tedious and Expensive, not to be Brought to an end but by Sucli Charges and Expences, wch if Spar’d would bave made the Person's Conserned therein and here liveing able to make good Settlements; on Said Lands, to the Encouragement of themselves & Other’s; but if Spent in Such prosecution would hâve left and Should Still leave them uncapable oï reaping themselves or procuring to lier Majty or Other’s that Certaine Advantage Accrueing by Settlements, and Improvements, in a, good and large (but yet for the most part uninhabited Country. For remedying whereof and for Makeing Partition in such Lands Easier, and least Chargable, BE IT ENACTED, by the Governour, Councile, and Assembly, and by the Authority of the Same, that from the lime of Passing this Act ail Joynt Tennants, and Tennants, in Comon that now be or hereafter sha.ll be of any Estate, or Estâtes, of Inherittance in their owrne rights, or the riglit of their Wifes, of any Lands Tennants or hereditaments witliin this Collony, Shall and may by Virtue of this présent Act make Partition between themselves, by the Consent of the Major part of t.liose here Living; of ail Such lands Tenemts and hereditaments as they now liold or hereafter shall hold as Joynt Tennants or tennants in Comon; or of any part or parts thereof and Shall or may at any finie and times by Yirtue hereof with the Consent aforesaid lay out and Allott each persons Share, or Shares, lott or Lotts, & proportions of ail Such Lands, Tennents, & hereditamts, or of any part or parts thereof till they think Convenient to hâve the TVhole divided and leave nothing in Comon amongst them; and ail Such Partitions that Shall be soe made Shall be as good & Effectuall to ail intents and purposes, and Soè taken and to hold in Law, as if tlie Same had been made by and with the Will Consent & Concurrence of ail the Persons Originally Concerned therein, the Very day theLAWS OF THE COLOOT OF YEW YORK. 635 Said Lands Tennamts & hereditamts were granted unto them as if the Same had been [soe divided by a Pticular Clause in Said Grant, or if the Same had been] made by Writt of Ptition in a due Course of the Law ; and it is hereby likewise Enacted that ail Per son or Persons, Concern’d in Su ch partitions as well liveing Abroad as here Shall be Bound thereby any Law Usage or Custome to the Contrary in any wise Yotwithstanding. PROVIDED alwayes and the true intent Condicon and mean- ing of this Act is that to prevent any fraud deceit or Collusion that may in Priva te be made between a few of the parties therein Con- cerned, to the Préjudice of the rest, no Partition Soe to be made shall be repealed Valid or Lawfulle except it hath been pub- lickly declared and Affixed in Wrighting, for the Space of three Months at least on the Sessions house or most Publicque place in the County where Such Lands, Tennamts or Hereditaments are, at ; likewise On the Cittv hall of Yew Yorke; that Such a day, at such a place, such a Tract of Land, Tenements, or Hereditaments, or such part thereof mentioning by whom granted, when, to whom, and where lying, is to be Surveyed in order to a Division; wch is to be made at such another day at the request of such one, and Such one naming the Parties Solicting Said Divission. AYD IT IS HEREBY further Enacted by the Authority afore- said, that Such divission as is before directed be made by draw- ing of lotfcs in the presence of three Indiffèrent psons at the least, who are in noe wise Concern’d in the right or Interest of the Lands Tennamts or Hereditamts Soe to be divided, and to be named by the Majority of the Dividors, and that. the Yames of Such Persons in whose Presence the Said Lotts are to be drawne Shall be Incerted in the Publicke notice herein before directed to be given; to the end that any person Concerned may hâve Liberty to Make any Objection against any or either of the Persons Soe to be named, and that the persons who shall be Appointed to See the drawing of the lotts aforesaid shall hâve and receive after the rate of Five Shillings Bach, p each day, for their trouble had in the making of the Said division, after the manner and forme here above, and under Expressed and Limitted ; and no more. And it is hereby further Enacted by the Authority aforesaid, tliat tlie survey made of the lands, Tennamts, and Heredita- ments, or of any part or pareell thereof. intended to be Divided Shall be made by the Survey or Generall, or Some other Sworne surveyor or by any three Xeiglibours Men of knownelntellijence and Integrity, to be Ellected and Yamed by the Majority of the Dividors who shall upon Oath lay ont and divide the Same in as636 LAWS OF THE COLÛNY OF NEW YORK. many lotts as there are Persons Concern’d therein ; and as Equall as possible in 1 egard botli to Quantity, and Quallity, which Lotts so ruade shall be Numbered or markt gradually frorn one, to tbe nurnber of the Dividors or Parties Concern'd in the division; and the Said Lotts Sœ Numbered Shall be drawne fairly and Publickly in the presence of Such persons to be Appointed as Aforesaid in Suc h manner & by Such person or person’s as the Said Overseer’s Soe to be Appointed as aforesaid Shall direct and Appoint they being first Sworne to do Justice to ail Person’s Concern’d in the prémisses to the best of their knowledge and understanding. wch Oath any Justice of the Peace is hereby Impow’d to Administer AND BE IT FURTHER Enacted by the Authority aforesaid, that the Severall and respective lotts Soe drawne, Shall be the Share and division, of the Lands, Tennamts, & Hereditaments, of each and every of the Said persons Dividors Severally, and respectively, as the Same lotts to them Shall Severally and respectively happen; and they and every of them the Said divi- dors shall hold in Severall one frorn the other and to their Severall and respective heirs, and Assignes, their Severall and Respective lotts, and divissions, of the lands, tennaments, and Hereditaments, Soe to them lmppenning in manner aforesaid to ail intents and purposes as if the same divission had been made by Writt of Partition prosecuted in any Court of Judicature Within this Oollony any law Usage or Custome to the Contrary Notwithstanding. this Act to be of fforce for Seven Years and noe longer. And for the preventing Any dispute that may hap- pen about the Charge of Dividing Any Tract of Land Be it fur- ther Enacted by the Authority aforesaid that at the time of the Division of any Such Tract of Land to* be made in manner afore- said there shall be Laid out of the whole Tract of Land before any Division be made thereof by the persons so as aforesaid to be named by the Majority of the Dividors for the Division of Such Tract of Land Such parts thereof as they Shall Judge reasonable for the defraying the Charge of Dividing the Whole Tract to be sold by the Majority of the said Dividors for that purpose whose Conveyance thereof shall be good and Effectuall in the Law to ail intents and purposes whatsoever.LAWS OF THE COLONY OF IŒW YORK. 637 JOHN LORD LOYELACE, GOYERNOR. [No acts were passed during the administration of Lord Lovelace.] THE TWELFTH ASSEMBLY. First Session. (Begun Àpr. 6, 1709, 8 Anne, Richard Ingoldesby, Lieutenant Governor.) [CHAPTER 184.] [Chapter 184, of Livingston & Smith and Yan Schaack, where the title only is. printed. Title only is printed in Bradford’s 1709 ed., pp. 84, 8G; Baskett, p. 95. The act expired October 1, 1709.] AN ACT to preyent the Transportation of Provisions [Passed May 24, 1709.] The présent necessity of Affairs requiring, BE it Enacted by the Lieut Governr, Council & General Assembly, and by the Authority of the Same, That no person or persons, shall directly or Indirectly, Transport on Cause to be Transported by Land or Water, or put on Board any Bout, Canoë or Yessell whatsoever, in order to Transport any Sort of Provision ont of this> Colony, (Flower & Bread Excepted) before the first day of Ootober next, under the penalty of Forfeiting the provision, or value thereof so transported; to be recovered in any of the Courts of Record, within this Colonv, on the Oath of one or more Crédible Witness, wherein no Essoign, protection or Wager of Law shall be allowed; the one half of the said Forfeitures shall be paid to the Treasurer of this Colonv, for & towards the Charge of the présent Expédi- tion to Canada, & the other half to the Informer or he that wili sue for the same. PROYIDED, necessary Provisions for the Sea Store of any of Her Ma’ties Ships of Warr, or any merchants vessel Sailing from this Port, or any Yessell to be Laden with Provisions for this Présent Expédition, may be Shipt on Board and Exported, by Lycence under the hands and Seabs of the four Commissioners appointed for New Yorke, by Act of Genll: Assembly for managing the Expédition to Canada.638 LAWS OF THE COLONY OF MW YORK. [CHAPTER 185.] [Chapter 185, of Livingston & Smith ,and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., immediately after p. 114. Title only is printed in Baskett, p. 123. Livingston & Smith, Van Schaack and Baskett, State that this act was repealed by the Queen, December 15, 1709. See Letter of Lords of Trade* to Gov. Hunter. Doc. Bel to Col. Hist of N. Y., V, p. 157.] AY AC T for Regulating and Establishing fees: [Passed May 24, 1709.] Be it Enacted by ye Leiu’t Governour Council and. Assembly and by the Authority of the same That no Person or Persons for any Service or Services by him or them to be done and performed, Shall ask, deniand Receive or Take any greater or other Fee or Fees, Sum or S unis of money for his or Their Reward and Discharging his or Their Dutv or Dut y s in ‘Their Respective Offices Than herein after mentioned Viz: FOR THE GOVËRNOR. For the Great Seal to every Pattent for and under one hundred Acres for vacant and Unappropriated Land Twelve Shilling For the Great Seal to every Pattent upwards of one hundred Acres otf the Like Land Each hundred Acres Ten Shillings: For the Great Seal to a, Confirmation for Renewing. a Patent Twelve Shillings: For every Lisence of Marriage Ten Shillings For his hand and Seal to Letters of Administration Ten Shillings For every Certifieate under his hand and Seal to go beyond Sea Ten Shillings; For a Lisence to purchase Land of ye Indians Twenty Shillings THE SECRET ARY’S FEES. For a Confirmation of a Patent for A House and Lott of Land formerly Possessed, Viz:— For Ingrossing fiat Sealing and Recording Eighteen Shillings: For A Pattent for Yew Land for or under one Thousand Acres Viz: for Ingrossing fiat Sealing and Recording Thirty Shillings For a pattent for new Land for above one Thousand Acres Viz: for Ingrossing fiat Sealing and Recording Thirty Six Shillings; For an Exemplification of a Pattent Viz : for Ingrossing fiat and Sealing Eighteen Shillings For a pattent for A new Township Three pounds For A Confirmation of a new Township or manner one pound Ten Shillings For A Confirmation of a Patent for Land for or under one Thous- and Acres one poundLAWS OF THE COLONY OF NEW YORK. 639 For a Confirmation of a Pattent for Land for above one Thousand Acres one pound four Shilings For drawing ye Dépositions of Witnesses to a will Ingrossing the will and Probate &c:—and recording tbe same P every Sheet Eacb sheet Containing Four and Twenty Lines And Eiglit woras in a Line one Shilling Swearing the Witnesses and Executor, for Each one Shilling For drawing every fiat or order for administration and for Swearing the Administrator Three Shillings For drawing Ingrossing and Recording the Administration Six Shillings For drawing the Administration Bond Three. Shillings For A Commission to take the Probatt of A Will or to Swear an Administrator Six Shillings Filling the Original Will and afîixing the Seal for Each Nine pence. Filling the fîiat for Administration and affixing the Seal for Each Nine pence Recording an Inventory p Sheet each Sheet Containing Four and Twenty Lines And Eight words in A Line one Shilling Filling the Inventory and Swearing the Executor or Administra- tor for Each one Shilling Recording Deeds Mortgages Conveyances and other writings P Sheet Each Sheet Containing Four and Twenty Lines and Eight words in A Line one Shilling For Copy’s of Deeds Recorded or other papers or writings P Sheet Containing as aforesaid One Shilling For a Search for the first year one Shilling and for Every year Back four pence halfe penny For A Liscence of marriage and Bond Nine Shillings For A Tickett for a Person to< Départ the Province one Shilling and Six pence For an order under the Governours Hand Three Shillings Entring a Caveat one Shilling For A Commission under the Broad Seal for A Place of Profftt Eighteen Shillings For A Commission under the Governours Hand, & Seal for A Place of Profitt Twelve Shillings For Drawing a Certificate to pass under ye Broad .Seal or any other Seal and for Ingrossing the same P Sheet Containing as aforesaid Two Shillings and Three Pence For attending the Courts or Elsewhere with an originall will or Record for Each day Three Shillings Every Commission of a place of no Profitt Gratis.640 LAWS OF THE COLONY OFKEW YORK THE CLERK OE THE COUNCILS FEES The Eeading A Pétition in Council for jnoney, to be Gratis Beading a Pétition in Council for any other matteP one Shilling and Six pence For filling A Pétition Six pence An order of Council one Shilling and Six pence Fillingkany other paper by order or on Request Six pence Coppy of an order of Council one Shilling ancF Six pence. For Attending the Committee of the Council on. A Referrencq four Shillings and Six pence For Drawing up a Report of A Committee of the Council Three Shillings For A Coppy of A Report.of A Committee of the Council one Shilling and Six pence For Reading a Report of a Committee att'the Council Board Nine pence. For filling a Report Three pence For A Copy of a Pétition one Shilling For a copy of other Papers or writings P Sheet Each Sheet Con- taining four and Twenty Lines And Eight words in A Line one Shilling For Reading Writings or Evidences for Each, Nine pence For swearing Persons for Each, Six pence For Drawing a Licence to Purchase Land from the ’ïndians, writing the same fair And Entring the same in the Book Six Shillings For Drawing a Warrant of Survey writing the same fair and Entring it in the Book Six Shillings For Drawing a Warrant for the Attorney Generall to Préparé a Pattent writing The same Fair and Entring it in the Book Three Shillings For A Warrant for Payaient of money Xine pence For reading A Private Bill the first Time one Shilling and Six pence For Reading it A Second Time one Shilling and Six pence For reading it A third Time one Shilling and Six pence For Entring the Agreement of the Council to the Bill one Shilling and Six pence For Entring the Governours Assenf Nine pence For Ingrossing three parts thereof if Required and Parchment and a fiat for Each Twelve Shillings For affixing Three Seals and wax if Required for Each, Three Shillings.LAWS OF THE COLONY OF NEW YORK. 641 FEES FOR THE COURT OF FORTY SHILLINGS OR UNDER For the Summons Nine pence For Serving the Summons for one mile& Rideing or under Nine pence for every Mile more Three Pence For the Judgment one Shilling For the Summons for Evidence, four pence halfe penny For Serving the same Nine pence For the Jury for the same, four Shillings and Six pence FEES FOR THE JUSTICES IN OR OUT OF SESSIONS, For every warrant of appearanee one Shilling and Six pence For the Justices Clerk for A Bond one Shilling and Six pence For takeing Bail in or out of Court one Shilling and Six pence For Acknowledging a Deed of Sale one Shilling and Six pence For a Lisence to Sell Drinck one Shilling and Six pence For the Clerk for A Bond for the same one Shilling and Six pence THE JUDGE AND JUSTICES FEES FOR THE COURT OP COMMON PLEAS For ail Actions from Forty Shillings to Twenty pounds one Shil- ling and Six pence From Twenty pounds and upwards Three Shillings For Every Judgement of Court Nine Pence For Signing of an Execution four pence halfe penny For admittance of A Guardian one Shilling and Six pence For swearing the Wittnesses to A Will one Shilling and Six pence For A Certificate for the same to the Secretarys office att New York one Shilling and Six pence For acknowledging Satisfaction upon Record Nine pence For Signing A Bill of Cost four pence halfe penny FEES FOR THE CLERKE OF THE SESSIONS AND COMON PLEAS For Drawing Every Warrant to Search for Stolen Goods or to Corne Befor the Justices to be Examined upon any Case Orim- inall one Shilling and Six pence For Drawing affidavit or takeing Examinations each one Shilling and Six pence For Takeing A Recognisance and Drawing up in form one Shill- ing and Six pence For every Mittimus one Shilling and Sixpence Far Drawing Every Indictment and Ingrossing the same in Parch- ment Three Shillings For Receiveing filling and Reading the same four pence halfe penny For Supena for Each Evidence four pence halfe penny For a venire facias or other writt one Shilling and Six pence 81642 LAWS OF THE COLONY OF NEW YORK. For Entring the Défendants appearance four pence halfe penny For Entring his Plea and fileing Nine pence For Entring the panell and Swearing the Jury one Shilling and Six pence For swearing Each Evidence four pence halfe penny For Reading Each Evidences Pétition! &c: in Oourt four pence halfe penny For Swearing A Constable four pence halfe penny For Takeing and Entring Verdict Nine pence For Entring Judgment and fine one Shilling For Entring Confession of the Défendant one Shilling For An Execution one Shilling and Six pence For makeing up the Record and filing the same Three Shillings For Every order or Rule of Court Nine pence For Entring a Noli procequi or Cessatt processus Three Shillings For A venire for A Jury to Inquire into Riotts forciable Entry’s Detainers &c: one Shilling And Six pence For Drawing and Ingrossing the Inquisition and Returning the same Three Shillings For Receiving Reading and filling every Town order Brought to be allowed att the Court of Sessions and Entring the Confirma- tion and Recording the same as in other Cases Twenty four Lines to A Sheet and Eight words in a Line one Shilling P. Page IN THE COMMON PLEAS For Every Writt of Capias one Shilling and Six pence For Entring the Action four pence halfe penny For Bond for Costs given for the Plaintifl when he is not a known ffreeholder one Shilling and Six pence For Drawing Déclaration Three Shillings For filing the same Three pence For Discontinuance or Retraxit Nine pence For Altering the Déclaration and admitting the Défendant in A Déclaration of Ejectaient one Shilling For Entring every motion and the Rule thereon Nine pence For entring the Défendants appearance Four pence halfe penny For Takeing Spécial Baile in Court or out one Shilling and Six pence For Drawing every Plea Réplication Rejoynder &c: and filing the same one Shilling And Six pence For A venire Nine pence For Receiving and Entring the Pannell and swearing the Jury one Shilling and six pence For H abc as Corpora Juratorum one Shilling For Supena for every Evidence four pence halfe pennyLAWS OF THE COLOAY OF NEW YORK. 643 For Reading every Evidence in Court four pence halfe penny For Bringing a Particular Record into Court Aine pence For swearing every Evidence four pence lialfe penny For swearing A Constable four pence halfe penny For Receiving and Entring verdict Ame pence For Entring Sattisfaction on Record Aine pence For Entring Judgment Aine pence For Reading and Entring Allowance of Every Habeas Corpus" writt of Error or Certiorari And for the Return Two Shillings and Three pence For Coppying the Record and Reiturning it with the Writt one Shilling and Six pence For An Execution one Shilling and Six pence For Takeing Recognisances in Court when a Cause is put to Arbitration and putting the same into forme ta Deliver to the Partys one Shilling and Six pence For Drawing up a Justices Record1 upon the Statute of Tres- passes one Shilling and Six pence For attending upon the Sheriffe upon a writt of Inquiry for Damages swearing The Jury &e: Three Shillings For every writt of Inquiry Two Shillings and Three pence For Drawing and Ingrossing the Inquisition one Shilling and Six pence For Reeording Deeds and other Writings not Exceeding Four and Twenty Lines And Eight words to A Line one Shilling P Sheeft For makeing A Record and filing in the office Three Shillings For Indorsing the Probatt or acknow 1 edgement of any publick Instrument in Court, or Out one Shilling For Searching the Records within one year Aine pence for every year Backwards Three pence For A Copy of the Records P Sheet Twenty four Lines in A Sheet and Eight words in A Line one Shilling THE SHEBIFFS FEES FOB THE SUPBEAME COURT, COURT OF SESSIONS AND COMMON PLEAS For Serving A writt and taking into Custody Three Shillings For Every Mile from his Abode Three pence For Every Bail Bond one Shilling and Six pence For Retuming A writt Aine pence For A Venire Three Shillings For Returning the same ATine Pence For serving an Execution under fifty Pounds one Shilling P pound For every Pound more Six pence*644 LAWS OF THE COLONY OF NEW YORK. For Serving A Writt of Possession Six Shillings For Serving A Scire facias & Retum Two Shillings and Three penoe For Every person Committed into the Coimnon Prison Three Shillings THE CRYERS FEES FOR THE COURT OP SESSIONS AND COM- MON FLEAS. For Oalling A Jury Each Cause Nine pence For Calling Every Witness four pence halfe penny For eyery Verdict Nine pence For Calling Each Action Nine pence For the Person That shall Ring the Bell or Beat the Drumm eaoh Action Depending in Court Xi ne pence THE JURY’S FEES FOR THE SUPREAME COURT For Every Jury Man Each Action one Shilling THE LAWYERS FFEES FOR YE SUPREAME COURT For A Retaining Fee Six Shillings For Drawing Writt Three Shillings For Drawing a Déclaration Six Shillings For Drawing A Plea Three Shillings For A Pleading Fee upon Tryall Ten Shillings For Every Terme mot Exceeding Three Courts Six Shillings The Lawyers Fees for the Court of Sessions Mayors Court and Court of Commun Pleas in Every City and County throughout this Colony for the prosecuting any Action To A Judgment in the whole shall not Exceed Fifteen Shillings THE JUDGES FEES OF THE SUPREAME COURT For Allowance of A writt of Error Two Shillings For taking Bail Two Shillings For filing the same Six pence For Every Recognizance Two Shillings For filing thereof Six pence For Habeas Corpus Three Shillings For Cerciorari Three shillings For Prohibition one Shilling and Six pence For A Procedendo one Shilling and Six pence For Supersedeas one Shilling For Discontinuance one Shilling For Taxing A Bill of Cost by any Judge or the Clerk of the Court one Shilling For Acknowledging A Deed Two ShillingsLAWS OF THE COLONY OF NEW YORK. 645 For every Cause in Court unless Criminall Six Shillings For Admitting an Attorney to Practice in Court one pound Ten Shillings THE CLERKS FEES OF THE SUPREAME COURT For Sealing A writt Entring the sanie and filing the Tickett one Shilling and Six pence For filing a Déclaration Six pence For Entring An appearance Six pence For A Coppy of Déclaration one Shilling and Six pence For filling ail other pleadings for Each Six pence For Copy’s thereof for Each Nine Pence For Entring A Rule Six pence For A Subpena for Witnesses for four, or under one Shilling and Six pence For Each Witness Above four, four pence halfe penny For taking an affidavit in Court Nine pence For A Copy of A Rule of Court Nine pence For swearing and Impanelling A Jury one Shilling and Six pence. For the Returne of A Writt and filing the same four pence halfe penny For swearing Each Witness four pence halfe penny For Reading Each Writing or Evidence four pence halfe penny For Swearing A Counstable four pence halfe penny For filling &c: the Roll Nine pence For Takeing the Jury’s verdict Entring the same in the Minnits one Shilling And Six pence For “Entring Judgment Nine pence For A Retraxit or Discontinuance Nine pence For Coppys of the Records or Pleadings &c: of ye said Court Certifyed under the hand of the Secretary P Sheet Each Sheet Containing Twenty four Lines and Eight words ta A line one Shilling For Drawing A Spécial verdict P Sheet as aforesaid one Shilling For A Summons to Attend, to Strike A Speciall Jury Nine penoe For attending and Striking a Spécial Jury and delivereing Aj Copy thereof to Each party for Each one Shilling and Six pence For filing an affidavit or other paper on Request four pence halfe penny For Entring Satisfaction on Record Nine pence For Indorsing the Probatt of any Deed in Court Mne pence For Searching the Records within a year one Shilling and for every year Backwards four pence halfe penny For Reading A Warrant of Attorney in Court four pence halfe penny For Takeing Speciall Bail in Court one Shilling and Six penoe646 LAWS OF THE COLONY OF NEW YORK IN CRIMINIAL CAUSES. For À Copy of every Indictment in Felony trespass, assault Battery Force Riott One Shilling and Six pence For Every Appearance to an Indictment four pence halfe penny For Every appearance to an Information four pence halfe penny For the Discharge of any person upon Bail Nine pence For Every imparliance upon an Indictment Nine pence For Procès® against A Person an Information Nine pence For A Lisence to Oompound with an Informer Nine pence For The Plea not Ouilty to an Indictment or Information four pence half penny For Drawing ail pleadings P Sheet Copywise otne Shilling Twenty four Lines to A Sheet and Eight words toi A Line For Oopy thereof P Sheet copy wise one Shilling For Relinguishing A Plea Nine pence For A Submission Nine pence For Judgment Thereon Nine pence For A Oopy of the Traverse one Shilling For Every Subpena for four Witnesses or under one Shilling and Six pence For Every Witness more four pence halfe penny For Every appearance upon a Recognizance four pence halfe penny For Reading the Indictment Information or Record four pence halfe penny For swearing Every Evidence on Tryall four pence halfe penny For Entring Judgment on Every Information one Shilling For Every writt of Restitution to restore Stolen Goods one Shilling and Six pence For the Respiting of Every Recognizance four pence half penny For taking A Recognizance one Shilling and Six pence For takeing Security by bond for payaient of Oosts upon Indict- ment of forcible Entry Riott and Battery one Shilling and Six pence For Every Scire facias upon A Recognizance one Shilling and Six pence For Every order or Rule of Court Nine pence For A Coppv of Every such order or Rule Nine pence For Every Capias to fine one Shilling and Six pence For takeing and Drawing up every Spécial verdict P Sheet Copy wise Twenty four Lines and Eight Words to A Line one Shilling For Coppv thereof P Sheet one Shilling Twenty fonr Lines and Eight Words to a LineLAWS OF THE COLONY OF NEW. YORK. 647 THE CRYERS FEEES IN THE SUPREAM COURT For Calling Each Action Nine pence For Calling Jury Nine pence For swearing A Wittness four pence kalfe penny For Every Verdict Nine pence For Discharging every Per son by Proclamation Four pence halfe penny For Calling a nonsuit four pence halfe penny For Calling A Record four pence halfe penny For Calling A Default four pence halfe penny For Takeing A Private verdict four pence halfe penny THE MAYORS FEES For takeing Every Affidavit Nine pence For Every Spécial Bail Two Shillings For Taxing every Bill of Cost four pence halfe penny For Takeing Every Recognizance Two Shillings For swearing Every Person upon Examination four pence halfe penny THE RECORDERS FEE FOR THE CITY OF NEW YORK For Every Action in Court Six Shillings THE CLERKS FEES OF THE MAYORS COURT For Entering Every Action with A wrritt of Summons or Capias and Seal one Shilling and Six pence For filling every Declaracon four pence halfe penny For A Coppy thereof if Required one Shilling and Six pence For Entring Returne of Every Writt four pence halfe penny For Entring every appearance four pence halfe penny For Every Common Rule of Court four pence half penny For Entring every motion for A Speciall Rule and the Rule Nine Pence For A Coppy thereof if Required four pence halfe penny For takeing Speciall Bail in Court Nine pence For takeing Speciall Bail ont of Court and Drawing the Recog- nizance one Shilling and Six pence' For filling every Plea Réplication Rejoinder or other Pleadings four pence halfe penny For A Coppy of Each if Required Nine pence For A venire facias One Shilling and Six pence For Swearing Jury one Shilling and Six pence For Each Evidence Sworn or Read on Tryall four pence halfe penny648 LAWS OF THE COLONY OF NEW YORK. For Swearing A Constable to keep a Jury four penee kalfe penny For Recording A verdict Nine pence For Entring Judgenient Nine pence For A Coppy thereof if Required Nine pence For Entring Satisfaction on Record Nine pence For makeing up a Record in forni and Entring tke same in the Book Six Shillings For A Retraxit or Discontinuance Nine pence For A Coppy of the Records P Sheet Twenty four Lines and Eight words in A Line one Shilling For Reading Every Habeas Corpus writt of Error and Certiorari, Entring the Allowance and Rule of the Returne Two Shillings and Three pence For makeing Return of the Record With the Certificate and Seal one Shilling And Six pence For every Scire facias or writt of Enquiry Three Shillings For A Supena for Evidence four pence halfe penny For An Execution one Shilling For Indorsing the Probatt of any Deed or other Instrument in Court or out Nine pence For searching Records within one year one Shilling For Every years Backwards more four pence halfe penny For Reading Each Warrant of Attorney in Court four Pence halfe penny For A Bond to Prosecute one Shilling and Six pence For Recording Deeds Mort gages Convenances and other Writings at Twenty Four Lines P. Page and Eight words in A Line one Shilling THE CLERKS EEES OF THE COURT OF SESSIONS IN NEW YORK For Drawing Every Indietmenf and Ingrossing Three Shillings For Reading Every Indictment or présentaient in Court four pence halfe penny For filling the same and Entring the Minnits four pence halfe penny For A Coppy thereof if Required one Shilling and Six pence For Every Order or Rule of Court Nine pence For A Capias or any other writt one Shilling and Six pence For Entring the Returne four pence halfe penny For Entring appearance four pence halfe penny For Entring or filling Plea four pence halfe penny For À Coppy if Required Nine pence '■ For A venire facias one Shilling and Six pence For swearing Jury one Shilling and Six penceLAWS OF THE COLONY OF NEW YORK. 649 For Supena Each Evidence four pence halfe penny For Each Evidence sworn on Tryall four pence halfe penny For Swearing A Constable to keep A Jury four pence halfe penny For Recording Verdict Mne pence For Entring Judgment one Shilling For a Copy if Required Mne pence For makeing up Record in form and Entring the sanie Six Shillings For a Copy of Every order or Rule of Court Mne pence For takeing Each Examination ont of Court Mne pence For takeing and Drawing Each Recognizance in or out of Court one Shilling And Six pence For Every Mittimus one Shilling and Six pence For Every Warrant to search or other Warrant one Shilling and Six pence For Respiting every Recognizance from one Session to an other Mne pence For the Allowance and Recording a Warrant of Noli prosequS from the Attorney General against every Person in every Indict- ment Two Shillings Fr the Allowance of every Cessât processus from the Attorney General and Recording the same in every Indictment Two Shillings For the Allowance of Every Certiorari Two Shillings For the Returne thereof Two Shillings THE BELL RINGERS OR MARSHALLS FEES IN THE MAYORS COURT, COURT OF SESSIONS, AND SUFREAM COURT For Every Action in Court, every Court Day Mne pence For Swearing Every Evidence on Tryall four pence halfe penny For Every Person Connnitted For Discharging Every Person by Proclamation four pence halfe penny For Ringing the Bell for the Supreame Court, for every Cause Depending Mne pence THE JURY’S FEES. For Every Cause in the Mayors Court and in the Inferior Court of Commun Pleas one Shilling THE ATTORNEY GENERALS FEES For Spécial pleas Confessed by the Attorney Generall on Scire facias and Extents Mne Shillings For Pleas of Out Lawry Confessed Mne Shillings 82.650 LAWS OF THE COLONY OF NEW YORK For the Draft of A Patient Confirmation Grant or Charter one ponnd Ten shillings For Entring Every Cessatt processus or noli prosequi for Each Défendants name Ten shillings For his fiat for A writt of Error Nine Shillings For his fiat for A writt of adquod Dam Nine Shillings For his Warrant to acknowledge Satisfaction upon Record on Discharging Fines Six Shillings FEES TO BE RECEIVED IN THE CUSTOME-HOUSE BY HER MAJESTIES COLLECTOR EOR NEW YORK For Entry of Every Ship or other Vessel burthen Sixty Tuns or upwards inwards Or Outwards one Shilling and Six pence For Liscence to Load or unload One Shilling and Six pence For Every Bill of Store one Shilling and Six pence For Eyery Certificate of goods Landed where Bond is giyen Abroad one Shilling And Six pence For A Oorquet after Clearing one Shilling and Six pence For A Clearing Six Shillings BHIPS OR OTHER VESSELS BURTHEN UNDER SIXTY TUNS AND MORE THAN TWENTY TRADING INTO OR OUT OE THIS PROVINCE For Eyery Entry in or Out, Nine pence For Lisence to Load or unload four pence half penny For A Bill of Store one Shilling and Six pence For Eyery Bond Nine pence For A Certificate Nine pence For Clearing the same in or Out Two Shillings For A Corquet after Clearing one Shilling and Three half pence SLOOPS OR VESSELS OE TWENTY TUNS OR UNDER COMING OR GOING OUT OE THIS PROVINCE For Every Entry in or Out Nine pence For Liscence to Load or unload four pence halfe penny For A Bill of Store one Shilling and Six pence For A Bond Nine pence For A Clearing one Shilling and Six pence For A Corquet after Clearing Nine pence SLOOPS &c: TRADING WITHIN THIS PROVINCE TOWARDS THE SOUND CONNECTICUT SO EAR AS RHODE-ISLAND AND TO THE JERSEYS For An Entry in or out four pence halfe penny For Lisence to Load or unload four pence halfe penny For A pass and Clearing Nine penceLAWS OF THE COLONY OF NEW YORK. 651 OTHER FEES TAKEN IN THE CUSTOME HOUSE For the Sight of every Certificate of Bond given and Entring the same in The Queens Books Nine pence For Cancelling A Bond filling A Certificate and makeing it Returned In the Queens Books Nine pence THE NAVAL OFFICERS FEES *For Registering A Vessel In Parekment the whole Charge thereof not To Amount to aboyé Eight Shillings For Every Indorsement for A new Master or upon Changing Lessening or Adding Owners, Nine pence For Every Certificate of Goods Landed where Bond is Given abroad one Shilling and Six pence For Every Bond for enumerated Goods one Shilling and Six pence Provided always That no other Fees shall be Taken for or Con- cerning the Naval office, Tonnage or the enumerated Comodities or any other thîng which Relates to Shipping upon any pre- bense whatsoever THE CLARK OF THE ASSEMBLIES FEES For Reading and Entring every Pétition or other Instruments or Writings One Shilling and Six pence For Entring an Answer thereof one Shilling and Six pence For Recording sd Petion if Required Three Shillings For the Clarks attendance on the House on ail Committees and Drawing up Résolves &c: P Diem Ten Shillings For the purusal of any Act or Each Days Minutes one Shilling and Six pence For A Coppy of Each Days Minutes Two Shillings and Six pence For An order of the House to the Serjeant at Arms to Bring any person before the House Three Shillings For Entring sd Order one Shilling and Six pence For filing A Pétition or any other papers Six pence For A Copy of an order of the House one Shilling and Six pence For Attending A Committee of the House four Shillings and Six pence For Drawing A Report of A Committee of the House and Entry For Entring an order of the House one Shilling and Six pence Three Shillings For A Ooppy thereof one Shilling and Six pence For Reading A Report of the Committee to the House Nine pence For Entring the Report in the Journals one Shilling and Six pence For A Coppy of a Pétition One Shilling652 LAWS OF THE COLONY OF NEW YORK, For Reading A private Bill the first time one Shilling and Six pence For Entring the same in the Journals one Shilling and Six pence For Reading A private Bill the Second Time one Shilling and Six pence For Entring the same &c: one Shilling and Six pence For Reading the same Bill a Third Time one Shilling and Six pence For Entring the same &c: one Shilling and Six pence For Entring the Résolve of ye House that the Bill pass one Shil- ling and Six pence For the Subscription to the Bill and Résolve for master Speaker to sign it one Shilling and Six pence For Entring the Order for the Bill to be Carried to the Council one Shilling and Six pence For Endorsing said order on the back of the Bill one Shilling and Six pence For Reading and Engrossing ail Private bills Twelve Shillings THE SERJEANT AT ARMS FEES For an Arrest in The Town five Shillings In the Country for the first Ten Miles going and Corning Ten Shillings For Every Mile more Six pence For Every Day a Prisoner undischarged one Shilling For the Returne of an order Nine pence THE DOOR-KEEPERS FEES For Every days Attendance four Shillings For Every Pétition Mne pence THE STJRVEYORS FEES For a peice of Land if under one hundred Acres Fifteen Shillings If more for every day he Servevs Ten shillings If he Imploys any person to Assist him P Diem Three Shillings For Every Lot of Ground in the City within the ffortifications not Exceeding three Acres Six Shillings If more than Three Acres, Two Shillings P Acre For Travelling Charges when he does not Survev Ten Shillings THE PUBLICK NOTARYS FEES For Protesting a Bill of Exchange Six Shillings For Ail other Protests Twelve Shillings For Noting A Bill for non-acceptance Three Shillings BE it further Enacted bv the Authoritv aforesaid that what Ever other services Or Business shall be Requisite to be Done in any Cause or Action in the Supream Court by the Lawyer orLAWS OF THE COLONY OF NEW YORK. 653 Attorney he shall perform the same, always Provided That Upon Any Bill of Costs The Supreame Court Shall tax no more then Fifty Shillings for Lawyers Fees And be it further Enacted by the Authority aforesaid that if any Lawyer Or Attorney shall take or Exact any more or other ffees then is Limitted in This Act or Refuse to Serve any person for the aforesaid Fees not being Retained by the adverse party Shall fforfeit Fifty pounds Currant money of this Colony and for Ever be Debarred from Practising in any Court within This Colony The one halfe of which ffofeiture to be paid for her Majesties use For the Support of the Government to be Disposed of as the Governour and Council and Assembly Shall think fit and the other halfe to any person That will Sue for the same; to be Recovered in any of her Majesties Courts of Justice within this Colony. And be it further Enacted by the Authority aforesaid That if any person whatsoever shall Exact or take any other Fees of any persons or persons For his or Their Service in the Execution of his or their office Respectively Then if Ascertained in this Act ail or any Such person or persons so offending Shall For Every Such offence Forfeit Fifty pounds Currant money of this Colony The One halfe of Ail which Forfeitures Shall be for her Majesties Use for the Support of the Government to be Disposed of as the Governour Council and Assembly Shall Think fit And the other halfe of Ail such forfeitures To Any person that will sue for the same to be Recovered in any of her Majesties Courts of Justice in this Colony. Provided alw ays that Nothing Cbntained in the Abovesaid Act for Regulateing Fees shall be Construed to hinder or obstruct the Mayor Aldermen and Commonality of the Citys of New Y"ork and Albany To take such Fees and Perquisites for Lycenses Free- domes or other Things Incerted in their Respective Charters, as They heretofore usually Hâve done, or by Yirtue of their said Charters might hâve Done, Any Lawr Custome or usage to the Contrarv in any wûse notwithstanding And be it further Enacted by the Authority aforesaid That the Fees or Perquisites lierein mentioned to be for the Use of the Governour Shall From Time to Time be Received by the Secretarv of the Colony For the Time being who is and Shall be Accountable for the same to the Governour w7hen he shall please to Require it Provided ahvays That this Act and Every Article and Clause herein mentioned shall be in full Force and Effect to ail intents and purposes until the first Dav of May which shall be in the Y"ear of our Lord One Thousand Seven hundred & Twelve & no longer.LAWS OF THE COLONY OF NEW YORK 654 [CHAPTER 186.] [Chapter 186, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., pp. 83, 85. Title only is printed in Baskett p. 95. The act expired in 1710.] AN ACT for Levying Six thousand pounds [Passed May 24, 1709.] For and towards defraying the charge of the Expédition to Canada, Be it Enacted by the Leiut Governour Council and Gen- eral Assembly, and by the Authority of the same, That the sum of Six Thousand pounds be laid, Assess’d, rais’d and Levy'd upon the Estâtes, real and personal, of ail and Every the Inhabitants, Residents, Sojourners And Free-holders of and in this Colony of New York, to be paid to, and Issued by Colonel Abraham De Peyster, the Treasurer of this Colony, according to the Value of money mentioned in an Act of Generall Assembly made in the Seventh year of Her Ma.jesties Reign, Entituled, an Act for the Regulateing and preventing the Corruption of the Current Coin, in manner following, That is to say, Two Thousand pounds, part thereof, on or before the last Day of November next Ensuing; Two thousands pounds, other part thereof, on or before the last day of May then next following, and two Thousand pounds, the remainder thereof, on or before the last day of November, which shall be in the year of our Lord one thousand Seven hundred and Ten, according to the Rates and proportions herein express’d, that is to say, For the City and County of New York, Twelve hundred pounds For the City and County of Albany, Six hundred pounds For Kings County, Seven hundred and Twenty pounds For Queens County, Eleven hundred and forty pounds For the County of Suffolk, Ten hundred and thirty Two pounds For the County of Tllster, four hundred and Eighty pounds For the County of West-Chester, Three hundred and Sixty pounds For the County of Richmond, Two hundred and forty pounds For the County of Orange, Ninety Six pounds For Dutchess County, one hundred and thirty Two pounds And be it further Enacted by the Authority aforesaid, That the said Sum of Six Thousand pounds be and is hereby given and Granted to her Majesty, her Heirs and Successors, to be Disposed and applyed towards Defraying the Charge of the Expédition to Canada, and to no other use, intent or purpose whatsoever, to be Issued and paid by the said Treasurer, by Warrants under ve hands of Capt Robt Walters, Capt. Lawrence Reade, Capt. JohnLAWS OF THE COLONY OF NEW YORK. 655 DePeyster, and Capt. RobtLurting (or of any three of them) who are hereby appointed Commissiioners (and Mr. John Walters to be their Clerk) for mannaging the said Expédition, in relation to purchasing and procuring provisions and other necessarys for Yictualling the forces to be Raised in this Colony, and Building the Store Houses near the Lake leading to Canady, and beats and Canoës for the watter passage, and transporting men and matériels over the said Lake; the said Warrants to Express to whom, for what Service, or for what Materials, in about, and Rel-ating to the said Expédition; wch said Warrants shall be to the said Treasurer a good and Sufficient Discharge for so much Expressed in the saine warrants, to be paid by Yirtue thereof, as also for the payment of any nioneys that shall be advanced toward the Charge of the said Expédition, out of any publick money the said Treasurer has or shall hâve im his Custody, w’ch he is hereby Required, authorized and enabled to do, not exceed- ing the sum of one thousand pounds. And be it further Enacted by the Authority aforesaid, That the said Sum of Six thousand pounds shall be laid, Assessed raised, Collected and paid in such manner and under such Restrictions and régulations, pains, penalties And forfaitures as are mentioned and expressed in an Act of General Assembly, Entituled, an Act for raising the Sum of three thousand pounds towards defraying the Expence of fortifying the City of New York, made in the fifth year of Her Majesties Reign, is Enacted, DeclarM, provided and Expressed, to ail Intents, Cbüfctructions and purposes whatsoever, as if the Several Clauses, provisors and Limittations in that Act were at large herein recited and Incerted. And be it further Enacted by the Authority aforesaid, That over and above the Respective sums before Enacted to be paid by the Several Citys and Counties in this Colony, the sum of Xine pence per pound be assessed, raised and paid to the respect- ive Collectors, and Six pence P pound be paid to the Treasurer aforesaid. Provided, and be it further Enacted by the Authority afore- said, That Colonel Killian van Renslaer, Major Derick Wessells and Capt Myndert Schuyler are hereby appointed Commissioners for managing the affairs relating to the provisions and ail other Kecessarvs for the said Expédition, and that they or any one of them do Receive such provisions and necessarys as shall be sent up to them at Albany from New York, and to purchase and pro- cure such other necessarys as Shall be wanting on the said Expé- dition, and to be Distributed among the Forces, as it Shall be ordered by the Comanding Officer thereof; and that the provis-656 LAWS OF THE COLONY OF NEW YORK. ions and ail necessarys Shall from thence by water or by Land be sent up as far as to the Carrying-place, and so to be Trans- ported till the s’d forces shall receive the same in their Respect- ive Canoës or other Yessels they shall Enbark with; and that the said Commissioners, or any two of them, Do and may appoint as many other persons as they Shall thinkfitt, towards the perform- ance of the promises; and that the said Commissioners, or any under them, shall hâve power to order and Comand, and Impress ail such person or persons, Waggons, horses and Canoës, and other necessarys, as to them shall seem meet, to be assistant in the said Expédition; and further, that the said Commissioners do keep or cause to be kept a distinct Account of their proceed- ings in the prémisses, and may for that purpose choose and employ a Clerk, and that for the payaient of such persons, goods, mat- terials and other necessarys, they or any two of them, shall Draw Warrants upon the Treasurer, aforesaid, for the payment thereof, who is to pay them Accordingly; which warrants, he takeing Receits thereon, Shall be his Sufficient Discharge for the same And be it further Enacted by the Authority aforesaid, That the said Treasurer shall keep a true and Exact Accott of ail Such Sum and Sums of money as Shall be by him so recd and paid, and such Accott give and render at ail times, when required, to ye Governour, Council and Assembly for the time being, when Sitting and Requiring the same; and Shall also, and is hereby required and enabled to advance and pay such publick money he now hath in his hands towards forwarding the said Expé- dition, by warrants under the hands and Seals of the said Com- missioners, in manner as herein before is expressed, and to reim- burse himself or pay the same out of the first money that shall corne into his hands from any Tax whatsoever, laid and raised by Act of General Assembly And be it further Enacted by the Authority aforesaid, That the Comissioners herein before named, or any one or more of them, are hereby fully Authoris’d and Impowered, if occasion shall require, to break open and Search ail Houses, Ships or Ves- sels, or any place they Shall think fit, for ye finding And procur- ing Such provisions and necessaries they Shall want for the said Expédition, and Call to their aid and Assistance, and Command any Sherriff or Sheriffs, Constable or Constables, or any other publick officer, to take, Seize upon, detect, Impress by Land or by watter, and Carry away ail or any provisions or Such materials they Shall find, and Judge necessary for the Expédition aforesaid, and pay such reasonable rates and prices they shall think Equitable, for any Labour, provisions orLAWS OF THE COLONY OF NEW YORK 657 hire of men, horses and Carts, waggons and Vessels for trans- portation, what shall be sa taken and Seized, as aforesaid; and sueh officer or offîcers that shall Refuse or deny their aid and Assistance to the said Commissioners, when required, as afore- said, shall be by any Two of them, Committed to Jaile, there to remain for ye Space of three moneths, without Bail for every such offence. Provided always, and it is hereby declared and Enacted by the Autharity aforesaid, That no Justice or Justices of ye peace shall hâve power or jurisdiction ta Inspect, take Cognizance, hear or détermine of any Assessment or rate to be made by virtue of this Act, or to fine or Imprison iany assessor or Assessors for unequ- ally And partially assessing any mens estâtes, to be rated and Taxt by Virtue of this Act, unless Such Assessor or Assessors shall be duely Convicted before them, by the présentaient and Verdict of good and lawfull men of the Neighbourhood, in the due and orderly Course of the Law, and not otherwise, any thing in the before mentioned Act or Generall Assembly, or any other Act or Law to the Contrary hereof in any wise not wthstanding. And be it further Enacted by the Authority aforesaid, That the said Comrs and their Clerks, for the Severall Services to them intrusted and Expected to be done and performed by Virtue of this Act, Shall be allowed Such just and honourable Reward, as upon their representing to this House, or any Subséquent Assem- bly, their Respective Services shall be Sattisfactory and reason- able, and that they, and every of them Are hereby rightly Entituled to Demand the same accordingly, pursuant to the true intent and meaning of this Act. [CHAPTER 187.] [Chapter 187, of Livingston & Smith and Van Schaack where the title only is printed. Printed in full in Bradford’s 1709 ed., pp. 86, 88. Title only is printed in Baskett, p. 95. Revived by ch. 201.] AN ACT to prevent Selling or giveing of Rumm or other Strong liquors to- the Indians in the County of Albany [Passed May 24, 1709.] WHEREAS it hath been found by Expérience that the Sell- ing or giveing rum to the Indians hath been very Préjudiciai in time of Warr & other Services for Preventing the like for the future Be it Enacted by ye Leiut Govr Councill and Genll assem- bly & by the authority of the same that if any Person or Persons wtsoever wthin the County of Albany shall$58 LAWS OF THE COLONY OF NEW YORK. from. and after the first day of June & before the first day of Septembr next give Sell or other ways dispose of any Rum Brandy Spirritts Wine beer Ale Syder or any other strong liquors wtsoever to any Indian or Indians wthin in ye County being thereof Oonvicted by the oath of any one Christian or affermation of one Indian before ye Mayor or recordr of Albany or any two Justices of the Peace of sd Town or County of Albany shall for every such offence forfeit the Sum of three Pounds one half thereof for the use of the Informer & the other half to the use of the Corporation of Albany to be Levy’d by distress & seal of the offenders goods by warrt undr ye Hand & Seal of the Person - or Persons before whom such Conviction was & where such destress can not be made yt then the Person or Persons so offend- ing shall by the sd Mayor Recordr or Justices be Committed to Prison & Closely confined for ye space of Twenty days & be it further Enacted by the authority aforesd yt it shall & may be lawfull for ye sd Mayor Recordr or any two Justices of the Peace of the Town or County of Albany who shall Suspect any Person or Persons w7hatsoever to hâve offended Contrary to ye Intentions of this Act, to send for hiin Her or them so Suspected & to tendr unto such Person or Persons on oath whether he She or they hath Sold given or other ways disposed of any of ye liquors before mentioned to an. Indian or Indians wthin ye sd County of Albany between ye sd first day of June & ye sd first day of Septembr & such Person or Persons not appearing being duly Summond or Confessing upon ye sd oath or refuseing to take ye sanie shall be therebv Convicted of ye- offence & be subject to & Suf- fer ye same paines & Penalty as if the same had been prooved by oath or affirmation as before mentioned provided yt nothing in this Act Conteined shall be estèem’d or Constructed to Extend to Prohibitt or debar the Commissioners for manageing the Indian affairs any Justice of ye Peace or Commissione ofîicer of the degree of a Capt for giveing or permitting to be given to any Indian or Indians a small quantity of rum or other Strong liquor for their refreshmt Any thing Contained in this Act in any ways notwithstandîng.LAWS OF THE COLONY OF NEW YORK 659 [OHAPTER 188.] [Chapter 188, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford’s 1709 ed., pp. 84, 86; Baskett, p. 95. Livingston & Smith and Yan Schaack, give the date of its passage as June 6, 1709. The Minutes of the Council and the original bill indicate that the act was signed by the Governor, June 7, 1709. (See Journals of Legislative Council, p. 283.)] AN ACT to Detach four hundred & Eighty Seven Men their Officers included out of this Colony [Passed June 7, 1709.] BE it Enacted by ye Lieut Govr Council and General Assembly of this Colony And by the Authority of ye Sanie, That four hun- dred Eighty SeYen Men shall be Detacht out of this Colony on or before the 15th Day of this Instant June to be ready to Embarque for Albany at Such Time and Times as the Lient Govr shall direct and appoint in order to march on the Expédition to Canada. Which Men shall be levyed in the Manner following, vist From the Cittv of New York fifty five Men, the Carpenters and other Men detacht to assist the Engineer being part of their Quola The Citty & County of Albany Ninety Men the Carpenters being part of their Quota The County of Ulster forty six Men The County of Suffolk Ninety Two Men Queens County Ninety Six Men; Kings County Thirty four Men The County of Richmond Twenty Men The County of Westchester forty five Men The County of Orange four Men Dutches County five Men And for the more effectuai raising the Said Men âccording to the Quota’s and Proportions herein Expressed, Be it Enacted by the Authority aforesaid That the Colonel of each Respective Citty and County, or the next Fielcf or Comanding Officer for the Counties where there is no Colonel, shall and are hereby Required and Comanded immediately after the Publicacon of this Act to Issue out their Warrants to their respective Captains or other Commission Officer both of Horse and Foot under their Comand Who are hereby directed to Obey the Same requiring them to issue forth their Warrants to their Serjeants or Corporals to warn ail their Male Inhabitants Residents & Sojourners in each respective Town whereto they belong, from Sixteen to Sixty to660 LAWS OF THE COLONY OF NEW YORK appear at Such a certain time and place as the respective Cap- tain or other Officer Shall appoint within the Time above limited. Which Said Captains or Comanding Officers are hereby Required then and there to take an exact List of ail and everj the Names of the Appearers, and the person or Persons so refusing or neglecting to make his appearance as above said, shall forfeit and pay to their respective Captain Six pounds current money of this Colony to be Imployed and paid equally among Such per- son or persons that shall go upon the Said Expédition, to be levyed by Warrant under the hand and Seal of the Captain or Comanding Officer of the said Company or Troop, under wch the said Defaulters properly belong or are inlisted, directed to any Serjeant or Corporall of that Company or Troop who is hereby required to execute and levy the Said Forfeiture on the Goods & Chattles of ail and every such Offender and Ofienders. And in case such Serjeant or Serjeants Corporall or Corporalls Shall neglect or refuse to execute the said Warrant he or they shall forfeit respectively for each Offence the Sum of Twelve Pounds current Money aforesaid, to be levyed and applyed as aforesaid; And where no Effects of the person or persons refusing or neglect- ing to appear as aforesaid, can be found, he or they shall suffer Six Months Imprisonment there to remain without Bail or Main- prize unless he or they shall pay or Satisfy the Forfeiture abovesaid And be it furtlier Enacted by the Authority aforesaid, That for the more equal Detaching the Men hereby appointed to go on the Said Expédition the Captain or other Officers Shall and are hereby Impowered respectively to Detach what number he shall think fit of thewealthiest or able Bodied Men in every the Cities and Coun- ties aforesaid; Out of wch Number So Impressed or Detatched, the Said Captain or other Officers as aforesaid Shall Return to his Colonel or other Superior Officer his equal Quota, or propor- tion as shall be appointed out of his said Company to go upon the said Expédition to Canada, And those whom ye said Captain or other Officer shall return to go, shall be paid and allowed nine pence P Day and their provisions, to be duly paid to them their Exeeutors or Administrâtes from the tirne they are Detacht so long as they shall be upon that service. And for encouragement of Persons to list themselves to go as Vollantiers on said Service, every Such Person shall be punctually allowed and paid Eighteen pence P Dav and their provisions, besides the Queens Bounty, to be paid to them their Exeeutors or Administrâtes, from the Time they are listed so long as they shall be on the Service.LAWS OF THE COLONY OF NEW YORK. 661 And be it further Enacted by the Authority aforesaid, That such Person or Persons as skall be returned by the Captain or other Officer to go as aforesaid, Shall deny or Delay to go on the Said Expédition, or neglect or refuse to find and proyide Such an able and effective Man as the Captain he is to go under shall approve and accept of, well equipt according to the Act entituled An act For Settling the Militia of this Province, Shall forfeit and pny Forty Pounds current Money of this Colony, To be immediately levyed by Distress and Sale of his and their Goods and Chattles by Warrant as aforesaid To be paid and applyed as aforesaid And where no Effects ean be found the person and persons so Offending Shall be Comitted to Goal there to remain Twelve Moneths without Bail or Mainprize or until he or they shall pay or Satisfy the Penalty aforesaid; by warrant from ye respective Captains or Comanding Officer. And be it further Enacted by the Authority afores’d That ail and every the person or persons as aforesaid which are absented or gone out of the Colony as aforesaid, or are absconded from their abode or Habitation so that the Serjeant or Corporal do go to their abode in order to give them Notice of their appearing, shall be respectivelv liable to the forfeiture of Six Pounds as above- said. Ail which forfeitures being distrained by the Said Serjeants or Corporals of the Companys or Troops Shall be exposed to Sale by way of publick out-Cry the forfeitures and Charges thereof being paid and Satisfied the over-plus shall be Returned to the Owner Provided alwayes, and it is the true intent and meaning of this act That none of the Members of her Majestys Council, nor the Members of the General Assemblv for the time being, their Sons, the Officers of the Council and General Assemblv, the Clergy, nor anv in Commission of the Peace, nor any of the Commissioners appointed in an Act entituled, An Act for levying of Six Thousand Pounds, nor ye Clerks of any Court of Record within this Colony Shall be understood to appear, be detacht, listed or be obliged to go on the said Expédition or required to send or find any person in his or their stead, or be lyable to be fined or forfeit any Sum or Sûmes of Money thereon, or be chargeable with any default herein before mentioned, any thing herein or in any other Act contained to the Contrarv hereof notwithstanding. And be it further Enacted by ye Same Authority That ye Supervisors of Kings County are hereby required and impowered to raise and levv the Sum of One hundred Pounds upon ail and every the Inhabitants and Residents of the Said County, and Twelve Shillings upon ail and every the Male Inhabitants thereof from Sixteen to Sixty years of âge and upwards to be equally662 LAWS OF THE COLONY OF NEW YORK divided among Such persons as shall voluntarily go out of the Said County in the service of the said Expédition. And be it further Enacted by ye saine Authority That ye Supervisors of Richmond County are hereby required and impowered to levy the Sum of Sixty Pounds on the Inhabitants of ye sd County in Such manner & form as other publick County Rates are raised, and to be imployed and paid Three Pounds to each person that shall go as Yolunteer on the Said Expédition out of the Said County Always provided, And it is the true intent and meaning of this Act That so many as shall list themselves as Yolunteers in each respective Company thro’out this Colony shall be accounted and taken for the Quota’s of that Company so- far as they amount to in Number any thing contained in this act to the contrary thereof in any wise notwithstanding. As also, if any person or persons as abovesaid shall happen to be disabled or loose a Limb in the said Expédition Shall receive and be paid the Sum of Twelve pence P Day after he or they shall return from ye Said Expédition so long as he or they shall remain in this Colony. And allso if any Person or Persons Soe Inlisting themselves as aforesaid Shall Loose his Life in the Said Expédition his Widdow or Children Shall be paid the Sum of Money pr Diem which he was Intituled to receive by Yirtue of this Act till the Said Expédi- tion is Ended. And be it further Enacted by the Authority aforesaid That if any Collonele or other Officer as aforesaid Shall refuse Delay or Neglect to put this Act in Execution according to the True Intent and Meaning thereof, Every Such Collonele or other Officer Shall for every Such Offence Respectively forfeit the Sum of fifty pounds, to be Levyed on their Severall and Respective goods and Chattles by Warrant under the hands and Seal of the Lieut Governour or Commander in Cheife for the time being in Councill to be applyed to the uses last aforementioned. [CHAPTER 189.] [Chapter 189, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 81, 1732 ed. p. 76; Basket, p. 95. Livingston & Smith and Van Schaack, State that the act was passed June 6. The Minutes of the Council, and the original bill indicate that it was signed by the Governor, June 8, 1709. (See Journals of Legislative Council, p. 284.) Provided for by chapter 215.] ÂNT ACT for Layihg an Excise on ail Liquors Retailed in this Coiony. [Passed June 8, 1709.] Be it Enacted by the Leiut Govr Council and General Assembly and by the Authority of the same,That there shall be rais’d, Levy’dLAWS OF THE COLONY OF NEW YORK. 663 Collected & paid, unto Her Ma’ty, Her Heirs & Successors from the publicacon hereof, untill the first day of June in the Year of our Lord Seventeen hundred & Ten, for and towards the Support of the Government, an Excise upon ail Liquors, retaird thro> out this Colony, under the Quantity of Five Gallons, To witt, The Sum of Twelve pence, Current money of this. Oolony for each Gallon so retail’d (Beer and Syder only Excepted) and like wise the Sum of Six Shillings for erery Barrel of Beer and Syder. And be it further Enacted bv the Authority aforesaid, That the Mayor & Aldermen of the City of New York the Mayor & Aldermen and Justices of the Peace of the City & County of Albany, & the Justices of the Peace of the other Counties within this Colony, to which they belong, or the Major part of them are hereby required, Authoriz'd & Impowered to< lett to Farme the said Excise, in their respective Cities and Counties by publick Outcry Auction or Vendue, & each City & every Town in the said Counties to be lett by the Mayor, Aldermen and Justices of Peace, respectively in wch they Résidé to the highest bidder, they giving notice thereof by advertisement, to be Sett up in Writ- ing in the most public places in the Cities Towns and Counties, Ten days before ye tirne it is to be lett, Signifying, that at Such times & places the Excise of Such Cities & Comités or Towns in the said Counties are to be let to the highest bidder. And be it further Enacted, by the same Authority that if it shall so happen that none shall appear to bid for the aforesaid Excise, in anv of the Cities, Towns, or Counties, on the dayes appointed, on which they are to' be leÇ That then it shall & may be Lawfull for the said Mayors and Aldermen and Justices of the Peace as aforesaid to Let to Farm the aforesaid Excise, at any other times as they shall appoint, and the said Mayors, Alder- men & Justices of the Peace as aforesaid, are hereby required to take good Securities by Recognizance with Sufficient Sureties of ail and every person and persons that Shall farme the Excise as aforesaid, wTith Condition, that they pay the same Quarterly, by equal and even payments, into the hands of Colonel Abraham DePeyster Treasurer of this Colony, who is hereby appointed to receive the same. AND be it further Enacted by the Authority aforesaid, That if any or either of the said Mayors, Aldermen or Justices of Peace as aforesaid, shall neglect denv or Refuse1 to let to Farme the aforesaid Excise in manner abovesaid or to* put this Act in Execution so far as they are requiPd and ImpowePd according to the true Intent & meaning hereof, That then he or they so offending shall each of them respectively forfeit unto Her Ma’tv Her Heires & Successors, the full and Just Sum of Twenty664 LAWS OF THE COLONY OF NEW YORK pounds Curient money of New York to be recovered in any of her Ma’tys (Courts witliin this Colony by any person or persons, who will and shall Inform and Sue for the Sanie, by Action of Debt or Information, the one half of which forfeitures. to- be to Her Ma-ty Her Heires and Succès sors to be paid into the said Treas- urer and apply'd towaids the Support of this Government & the other half to the Informer. And be it further Enacted by the Authoiity aforesaid, That where there shall be no Farmer of the Excise in Manner before express'd, the Mayors A Aldermen & Justices of the Peace, of the severall Cities & Counties, respectively, shall and may either agréé with the Retailers, whom they respectively shall Lycence, at the least for the highest of Such Sum or Sums by the Year as Such Retailer or Retailers at any time formerly hath or hâve paid, to be paid into the Treasurer Quiarterly as aforesaid, or other wise make Such Retailer or Retailers, enter into Recogni- zance with Sufficient Surettes for the true & due payaient of the Excise, herein before appointed to be paid and granted, accord- ing to the true meaning hereof. And for the due and orderly Collecting the Excise hereby given & granted. Be it further Enacted by the Authority afore- said, That ail retailers of Strong Liquors within this Colony, shall upon the receipt of ail such Liquors before Express’d and Exciseable corne to the Farmer of the Excise in eacli Town, City and County, where Such Retailer shall dwell and make entry of ail Such Liquor or Liquors as they shall buy, or reçoive, and pay Such Duties as are hereby appointed, within Twenty Four hours, or at Such Oonvenient time, as the Farmer of Excise shall appoint, and on Default thereof, ail such Liquors as shall be found in any Retailers bouse or Warehouse; Cellar, or other place belonging unto him or her within this Colony, and hâve not been duely entred and paid the Duties of Excise, as aforesaid, then and in such Case upon Conviction by Oath, of one or more Crédible Witness, before anv Justice of the Peace within this Colony, the said Retailer or Retailers, so offending in the prom- ises, shall forfeit ail such Liquors and three times the value thereof, the one Moiety to her Ma’ty, Her heires and Successors, to be paid to the Treasurer of this Colony for the time being for and to be apply’d toward the Support of this Government, and the other half to the Farmer that will Sue for the saune, before any Justice of the Peace in this Colony, who is and every of them, are hereby requir’d and Impower’d Summarily and at his discrétion, Solely to hear and Déterminé the Same, and to Issue his Warrant for Seizing ail such Liquors to be forfeited as afore- said and for comitting to the Comon Jaile ail Such Retailers ofLAWS OF THE COLONY OF NEW YORK. 665 Liquors, who hâve not entred and paid the Duties aforesaid, and shall be so Convict thereof, there to remain without Balle or Mainprize untill they shall Sattisfy and make payment, of three times tlie Value of Such Liquors Seized & forfeited as aforesaid, as also for tbe Arresting, and causing to be brought before him any persion or persons inform/d against, for retailing without Lycence Provided, that lie lier or they hâve Liberty to Appeal, to the next Sessions of the Peace giving Suffi oient Security to answer the Same. And be it furtker Enacred by the Authority aforesaid, That if any person or persons within tins Oolony, not being duely Lycenc’d shall either by Land or by Water, at any tirne présumé to Sell by Reta.il any Strong liquors, that is to say any quantity under five Gallons as aforesaid the person or persons so ofîend- ing shall forfeit and pay the Sum of Ten pounds Current rnoney aforesaid for every Suc-h offence being thereof Con- victed in manner aforesaid, to be Apply’d and paid as aforesaid. And be it also Enacted by the siaine Authority, and it is the true Intent & meaning of this Act, That no retailers of Liquors under five Gallons, or anv other, that shall sell any Strong Liquors shall reçoive any such intoi their Houses, Cel- lars or Warehouses or into* any other place in the Gitys of New York and Albany, but by the hands of the Sworn Porters under the penalty aforesaid, to be recovered for the uses aforesaid, in manner & forme aforesaid, to the intent the said Porters shall so often as there unto requir’d, by the Farmer or propper officer of Excise, give and render upon his or their Corporall Oaths, a true & Just Accot to1 the best of their knowdedge of ail such Liquors^ delivered by them toi any such retailer under the penalty of being turrnd out of his place and Office. And whereas the Duty Granted to their Ma’tys King William & Queen Mary of happy and Glorious ^Memory arriseing by the Weigh house in the City of New York, expir’d by the Demise of their said Ma’tys, and nevertheless has been rec’d by Thotmas Byerlv Esqr and other Collectors in this Colony or those Excer- cising that Office. Be it Enacted by the Same authority that the Duty aforesaid untill the said first day of June, shall hereafter be paid into the Treasurer of this Colony, for the time being, & be apply’d towards defraying the Charg of this Government & the said Thomas Byerly Esqr & the other Collectors, & those who hâve Excercis’d that Office, do accot to the présent Treasurer, for the Sums of money by him & them receiv’d, arising from that Duty, who is hereby requir’d & authoris’d to demand, Sue for recorer & receive the same. 84666 LAWS OF THE COLONY OF NEW YORK. And be it further Enacted, by the Authority aforesaid, That Ho retailer of Strong Liquors within this Colony shall sell any Strong Liquors whatsoever to any Negro, or Indian Slave under the penalty of Forty Shillings to be Recovered before any one of Her Ma’tys Justice of the peace by him or her, that shall sue for the same, and to be apply’d in manner & forme aforesaid And further be it Enacted by the Authority aforesaid, that ye said Treasurer shall pay out and apply the money by this Act to be rais’d in Such Manner & to Such uses only as by Act of General Assembly, hereafter to be made for that purpose, shall be Limitted appointed and Express'd & not otherwise. [CHAPTER 190.] [Chapter 190, of Livingston & Smith, where the act is printed in full. Chapter 190, of Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., pp. 85, 87. Title only is printed in Baskett, p. 95.] AN ACT for the Currency of Bills of Crédit for five thousand pounds [Passed June 8, 1709.] Be it Enacted by the Leiut Governour Council and General Assembly and by the Authority of the same That Bills of Crédit shall be Issued forth to the value of five thousand pounds and no more pursuant to the Currency of money Specified in An Act pass’d this Sessions for the raising of Six thousand pounds which Bills shall be in the manner and form following Yiz: This Indented Bill of Shillings due from the Colony of New York to the possessor thereof shall be in value equal to money and Shall Be accordinlv accepted by the Treasurer of this Colony for the time being in ail publick payments and for any fund at any time in the Treasury Dated, New York Thirty first ofmay one thousand Seven hundred and Nine By order of the Leiut Governour Council and General Assembly of the said Colony which Bill shall be Signed by Lawrence Reade, Robert Walters John Depeyster and Robert Lurting or any three of them who are hereby appointed and directed to Sign and Issue the said Bills for And towards the discharging of Such provisions and neces- saries bought for the said Expédition wch Bills shall be received and taken for the same Value and equal to the Current Coin passing in this Colony for goods bought or Sold, or in any pay- aient to be made for Debts Contracted, or yt shall be Contraeted, and the tender of the said Bills for the payaient And Discharge of any Debt or Debts, Bargains, Sales, Bonds, Bills, Mortgages And Specialties, whatsoever shall be as good and Effectuall in the Law to ail Intents Construction and purposes, as if the CurrentLAWS OF THE COLONY OF NEW YOKK. 667 Coin of tkis Colony kad been offered and tendered to any person or persons wkatsoever for tke Discharge of tke same or any part tkereof. And be it furtker Enacted by tke Autkority aforesaid, That tke said Bills of Crédit skall be printed and numbered, expressing in every of tkem, tke sum of money tkey skall be Current for, and to prevent tke Oounterfeiting any of tke said Bills tkey skall be Dated, and Indented on tke top tkereof witk tke Arnis of tke City of New York Stainp'd or printed on tke left Side tliereon, towards tke bottom of every of tke said Bills, and tke Indent skall pair witk and Suit a Counterpart tkereof, bound in A book for that purpose, and Subscribed by tke parties kerein appointed to do tke same, to be kept by tkem of tke same ténor and Date and so neer in Similitude in ail Circumstanees as possible may be, to suck Bills of Crédit tkat are Issued and made Current in payment as aforesaid four kundred of wkick said Bills skall be for five pounds eack Bill, Six kun- dred of tkem for forty Shillings eack, Six kundred of tkem for Twenty Shillings eack, one tkousand of tkem for ten Shill- ings eacli and Two tkousand Eight kundred of tkem for five Shillings eack Bill amounting to in ail five tkousand pounds and Delivered by tke Signee as soon as Oonveniently may be to tke Treasurer of tke Colony for tke tiime being to be by; him paid for suck provisions and neoessarys purckased towards tke said Expédition pursuant to tke Warrtts of tke Commis- sioners mentioned in an Act Entituled An Act for Levying Six tkousand pounds Provided always, and it is tke true injtent and meaning of tkis Act that the said Signées shall not sign a greater num- ber of the said Bills of Crédit tkan wliat Shall amount to, or pass, or be Current, for more tkan five tkousand pounds Cur- rent money of this Colony. And be it furtker Enacted by the Autkority aforesaid, Tkat for tke better Currency of the said Bills tke Treasurer of tkis Colony for tke time being skall and is hereby required and directed to take and reçoive ail and every the said Bills accord- ing to the Value therein Express’d w7ith tke proportionable adrance of Two and a halfe P cent on ail and every of the Bills tkat Shall be offered and tendred to him the said Treais- urer for anv money due for the first payment of the said Six thousand pounds tax And five P cent, on ail and every the Bills tkat skall be offered and tendered to tke said Treas- urer for money due for tke Second payment of tke said Six thousand pounds tax and Seven and a halfe per cent on ail and every the said Bills that shall be offered and tendered to668 LAWS OF THE COLONY OF NEW YORK. the said Treasurer for inoney due for the third and last pay* ment of the Said Six thousand pounds* Tax and on his receipt of every Two thousand pounds of the Said Six Thousand pounds Tax he shall appoint the Commissioners that sign’d the said Bills to meet hkn the said Treasurer who are hereby required and diiected to meet and Join with him to Examine and Compare the said Bills and Caneel the sanie taking an Account of the Nurnber and Vallue of the said Bills so to be Cancelled as af oresaid, and keep the same on A File in order to be further Examined, by the Governour Council or General Assembly for the tinie being, or such as they shall appoint when Sitting and requiring the same. And be it further Enacted by the Authority aforesaid, that the said Commissioners or Signées shall take an Oath before the Mayor of the City of New York for the time being in the words following, I, L: B: do on the Holy Evangelist Sincerely Sware that I will to the best of niy knowledge and Skill truelv, honestly and faithfully Discharge the trust reposed in me relating to and Concerning the Signing and Issuing Bills of Crédit mentioned in, and pursuant to the true Intent and meaning of this Act so help me God ; And be it further Enacted by the Authority aforesaid That such person or persons as Shall be Convicted of Counterfeiting any of the said Bills of Crédit shall inourr the pains and penalties of Felony without benefit of Clergy and Suffer accordingly. And be it further Enacted by the Authority aforesaid, that the said Bills of Crédit shall be Current as aforesaid between man and man the Treasurer Excepted onely untill the last day of February which will be in the year of our Lord one thou- sand Seven hundred and ten aiecording to the English Account and Shall and may be received by the Treasurer untill the last day of May then next following and no longer. And be it further Enacted by the Authority aforesaid, That fiye thousand pounds of the Six thousand pounds to be rais’d by an Act for Levying Six thousand pounds, pas-s'd this Sessions, Shall be paid to the said Treasurer in the said Bills of Crédit and in no other Specie wtsoeyer.LAWS OF THE COLONY OF NEW YORK. 669 [CHAPTER 191.] [Chapter 191, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 97.] AN ACT1 for Levving Four Thousand Pounds [Passed, June 21, 1709.] BE it Enacted by the Leiut Governr Council & General Assem- bly and by the Authority of the same, That the Sum of four thousand pounds, be laid, assess’d rais’d & Levyed upon the Estâtes, real & Personal of ail & everv the Inhabitants, Residents, Sojourners & ffreeholders of & in this Colony of New York, to be paid to & Issued by Colonel Abraham Depeyster, the Treasurer of this Colony, According to the Value of money mentioned in an Act of General Assembly of this Colony, made in the Seaventh year of her Majestys Reign, Entituled an Act for the regulating & preventing the corruption of the Currant Coin, in manner fol- lowing, that is to say, Two thousand Pounds part thereof, at or before the Last Day of May, which will be in the Year of our Lord One Thousand Seaven hundred and twelve and ihe other Two Thousand Pounds, remainder thereof, at or before the Last Day of Noyember then next following, according to the Quotas & proportions herein express’d, Viz. For the City and County of New York, Eight hundred Eighty five pounds For the City & County of Albany, One hundred Seaventy fiye Pounds Ten Shillings Kings County, Seayen hundred & thirty Pounds Queens County, Six hundred fourty four pounds ten Shillings The County of Suffolk, Six hundred Eighty pounds ten Shillings The County of Lister, Three hundred Eleaven pounds ten Shillings The County of West Chester, Twto hundred & forty pounds The County of Richmond, Two hundred twenty Six pounds thir- teen Shillings & four pence The County of Orange, Sixty pounds Dutches County, forty Six pounds Six shillings & Eight pence And be it further Enacted by the Authority aforesaid, That said Sum of Four Thousand Pounds be, & is hereby giyen & Granted to her Majesty, her heirs & Successors, to be applied for the payment of such of the four hundred Eighty Seyen Men of the Militia of this Colony appointed to Serve in the Expédition to Reduce Canada, as shall appear, on the return of the forces, to hâve Served, & to & for no other use, intent or purpose what- soever. That is to Say, A Colonel at twenty Shillings P Day, a670 LAWS OF THE COLONY OF NEW YORK, Major at Ten Shillings P Day, Six Captains at Eight Shillings P Day Each, Sixteen Lieuts at four Shillings P Day Each, Twenty four Serjts at two Shillings P Day Each, Twenty four Corporalls at Eighteen pence P Day Each, Eight Drums at Eighteen pence P Day Each, four Surgeons at Six Shillings P day Each, & four hundred & three private Sentinels at Eighteen pence P Day to every of them, aboyé their provisions. And be it further Enacted, by the authority aforesaid, That a Muster-Roll of the names of ail the Volunteirs, ex- pressing when Listed, & yt those Impress’d when detached, be transmitted to the said Treasurer by the principal Officer of the Militia of every Citty & County, Signed by him, & by that Officer who shall make such détachait or Enter the Volunteirs, as aforesd, within a month after such Listing or Detachmt, to remain with the Treasurer for the better regulating the payaient of the forces to Serve on this Expédi- tion, under the penalty of ten pounds on Each Officer who shall make default herein, to be recovered b}7 Action of debt or informacon in any of her Majesties Courts, the oue half to her Majesty, to he paid to the Treasurer towards the Support of the Government, & the other half to the Informer who shall Inform & Sue for the same. AND for the better paymt of the same forces to be raised for the same Service, a Certifieate of the Captain, of the Service of the Men under their Commands, respectively shall be a Sufficient Warrant & discharge to the Treasurer for the paym’t of such men; & that a Certifieate of the Oommissioners for mannageing the Affiairs relating to the provision & ail other necessarys for the sd Expédi- tion at Albany of the Service of any Comission Officer on the same Service, shall in like manner be a Warrant & discharge for the paymt of those officers, according to the meaning & regulacon of this Act, wch sd Certificates the sd Captains & Comissioners are hereby required & Enjoyned to give, in man- ner before Express’d. And be it further Enacted &g Th'at for the better Assessing, raising, Collecting & receiving the said Sum of Four Thousand Pounds, the Mavor & Aldermen of the City of New York, ithe Mayor & Aldermen of the City of Albany, with the Justices of the peace, for the time being, for the Several & respective Cities & Counties within this Colonv, for which they shall be Justices of the peace do within forty days after the publioa- com hereof assemble & meet together in the C'ourt-houses for the several & respective Citys and Countys, or such other place or places as they shall agréé among themselves, & there shall order yt the assessors and Collectors for the several & respec- tive Citys, Towns, Mannors Liberties & precincts within theirLAWS OF THE COLONY OF NEW YORK. 671 Several Jurisdictions for the Assessing & Colleeting of the pub- lick Rates for the defraying the publick & necessary Charge of Each respective City & County afores’d, be the Assessors & Collectors for the Assessing & Colleeting the said four Thou- saud pounds, according to the proporcous before Express’d, in like manner as the publick Rates are usually laid, Assessed and Collected. And in Case any mannor Town, Liberty or preeinct within the respective Countys do or s ha 11 refuse, neglect, omitt or not annually Elect or once in the Year chuse assessors or Collectors, whereby the intent of this Act may be Eluded, or that the Assessors or Collectors Chosen, as aforesd, shall dye remove out of any City or County, it is hereby En acte d by the sd Authority, That then & in such case, the Justices of the peace, or any two of them, for the Countys where such Towns, Mannors, Liber- tés or precinots are, are hereby required, Impowered & Author- ized to nominate & appoint assessors & Collectors for such Towns, Mannors Libertés & precincts, wTch Assessors & Col- lectors shall, to ail intents & purposes, Observe the Directions of this Act, as any other Assessors & Collectrs are by this Actj Obliged & Enjoyned to do And if any Assessor or Assessors Chosen or Nomma ted and appointed in manner & form aforesd, shall unequally & par- tially assess any pensons Estate, to be rated & tax’d by Yirtue of this Act, and shall thereof be Convict by the due course of the Law, such Assessor & Assessors shall be Comitted to the com- mon Goal, there to remain without bail or mainprize until he & thev shall fine & Ransom for such their Offence, the one half of such fines to be to her Majesty, her hoirs & Successors, to R paid into the Treasurer of this Colony, for the time being, towards the Support of this Governmt, & the other half to the Informer that shall prosecute the same And be it further Enacted &c That the said Mayors, Alder- men & Justices of the Peace for the respective Cities & Ooun- ties, hâve, & shall hâve power & Authority, by Yirtue of this Act, & are required, any two or more of them, or each of them by hîmself, to administer an Oath to the said Assessors, & any or every of them, well, trulv, Equally and impartially, & in due proporcon, as it shall appear to them according to their best understanding, to assess & rate the Inhabitants, Sojourners, Residents & freeholders of the respective places for w’ch they shall be chosen Assessors And be it further Enacted, &c.by the Authority aforesd That if any Person or persons, who shall be Chosen assessors or Col- lectrs in manner aforesd, shall deny neglect or refuse to make672 LAWS OF THE COLONY OF NEW YORK. such assessmt as by this Act is required, or shall deny, neglect or refuse to Collect any Sum or Sums of money, in forme before men- tioned laid, Taxed & assessed, & thereof be Convict before any two Justices of the peace of the Citys & Oountys where such offendors shall happen to dwell or résidé (who are hereby required & Impowered to hear, détermine & do the same) shall by Warrants under the hands & Seals of such two Justices of the peace, be Comitted to the Comon Goal, there to remain without bail or mainprize till he or tliey shall fine & ransoni for such contempt, as aforesaid. And if any person or persons, of what degree or Quality sioever within this Colony, shall refuse, neglect or delay to pay the several Sum & Sums of Money assessed, in manner aforesd, upon demand made by the Collectr of the place where such person or persons shall dwell, inhabit or résidé, it shall & may be Lawful to & for such Collectr, for nonpaymt thereof, to distrain such person or persons so refusing, delaying or neglecting, his or their Goods & Chattles, & the distress so taken to keep by the space of four Days, at the Cost & Charges of the owner thereof, & if the owner do not pay the sd Sum or Sums of Money, so distrained for, within the sd four days, then the sd Distress to be publickly Sold by the Collectes, for the paymt of the sd money, & the overplus coming by the said Sale (if any there be) over and above the Charge of taking, keeping & Selling the said distress, to be Immediately restored to the owner thereof. And also, be it Enacted by the Authority afores’d, That if any Mayr, Aldermen or Justice of the peace within this Colony, who are hereby required Impowered & authorized to take effectu- ai! care yt this Act be duly Executed, aecording to the true intent & meaning thereof, shall deny, refuse, neglect or delay to do, perforai & Exécuté ail or any of the powers, Dutys & Authorities by this Act required by him or them to be doue, & shall thereof be lawfully convict before any of her Majties Courts of Record within this Colony, he or they shall suffer such pains, by fines & Imprisonment, as by the discrétion of the Justices of the sd Courts shall be Adjudged, to be Sued for, paid & applyed as aforesd. And be it further Enacted &c By the Authority aforesd, That if any Action, Bill, plaint, informacon or Indictmt shall be brought, moved or prosecuted at any time hereafter against any person or persons, for any matter Cause or thing done or Exe- cuted in pursuance or Execucon of this Act, such person or persons so sued or prosecuted in any Court, whatsoever, shall & may plead the Generall Issue, Not guilty, and give this Act & the spécial matter in Evidence, & if the plaintiff or prosecutorLAWS OF THE COLONY OF NEW YORK. 673 shall be non-suited, or forbear further prosecucon, suffer dis- continuant or Verdict to pass against him, the défendant or défendants shall hâve trebble Costs, for which they shall hâve like Remedy, as in case where Costs by Law are given to Défendants. PROVIDED ALWAYS, That no May or, Aldennen nor Justices of the peace, shall be Sued, prosecuted, troubled or molested for any omission, offence, neglect or mistake [of or against this Act but within the space of one year after such omission, offence, neglect, or mistake] comitted, & not any time hereafter, any thing herein contained to the contrary notwithstanding. And be it further Enacted &c, by the Authority aforesd That over & above the respective Sums before Enacted to be paid by the Several Citvs & Countys in tliis Colony, the Sum of Nine pence P pound be Assessed, raised, & paid to the respective Col- lectas, & six pence P pound be paid to the Treasurer aforesd, & that the sd Treasurer shall keep a true and exact Account of ail Such Sum & Sums of Money as shall be by him so received & paid, & such account give & render, at ail times when required, to the Governr, Council & Assembly for the time being, when sitting & requiring the same. And for ye bettr undr standing & explaining of a certain Clause in an Act, Entituled, an Act for the laying an Excise on ail Liquors retailed in this Colony, Be it Enacted by ye same Authority yt no Collectr nor Gommissionr in yt Act menconed, yt hath already accounted to ye Governr & Councill, or other Law- ful authority, for any Sum of mony by him or them received, & arising from ye Beam or weigh-house, shall be any further liable to any paymt or Account, any thing in ye sd Act, or any other Law, to ye contrary hereof in any wise notwithstanding. And be it further Enacted &c by the authority aforesaid That the Commissioners appointed for managing the présent Expédi- tion to Canada, in relation to purchasing & procuring Provisions, & ail other Xecessarys for Yictualling the forces to< be raised in this Colony, and building the Store-houses near the Lake leading to Canada, & Beats & Canoës for the water passage & transport- ing Men & Materials over the said Lake, shall & do Issue their Warrants to the Treasurer of this Colony for the Advancing & paying of one hundred pounds to Colonel Peter Schuyler for his Incouragement towards the said Expidition, on the Crédit of an Act passed this Sessions, entituled, an Act for Levying Six Thousand pounds, wThich Sum the said Treasurer is hereby Impowerd & directed to pay accordingly. And be it Enacted &c by the Authority aforesaid, That ail & every the Carpenters Impressed out of the said Citys of New 855574= LAWS OF THE COLONY OF NEW YORK. York and Albany, to Serve on the said Expédition, sliall not be Obligd to go further tban the place where the forces, detacht for the said Expédition, shall Embark, and having finished the work for them design’d, shall hâve Liberty to return to their respective abodes; and that fourteen Men are hereby requir’d to be detacht in their Stead, out of the said City of New York, and Six men out of the City of Albany aforesaid, to< march with the Said forces to Canada. [CHAPTER 192.] [Chapter 192, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford’s 1709 ed., p. 93; Baskett, p. 100. See chapter 159.] AN ACT to relieve Assessors [Passed June 21, 1709.] BE it Enacted by the Lieutenant G-overnour Council and General Assembly, and by the Authority of the same. That ail and every Clause and Clauses matter and thing mentioned Express’d and Imply’d in one Act of General Assembly entituPd, AN ACT for raising the Sum of Three Thousand Pounds, towards defraying the Expence of Fortifying the City of New York, made in the flfth year of Her Maties Reign in any precedent or Sub- séquent Act or Acts of General Assembly hitherto past, Impower- ing or giving Jurisdiction to any Justice or Justices of the Peace to Inspect, take Cognizance, hear or Détermine of any Assessment or Rate made by any Assessor, or Assessors, Elected and Chosen by the People, and Sworn for the Rating and Assessing, the Estâtes Real and Personall of the Inhabitants of this Colonv, in any City, Town or Precinct, within the same, or to Fine or Imprison any Such Assessor or Assessors under Colour or pre- text of any undue or Partial Assessment or rate, are and is hereby from and after the fifth day of April in this présent Year, Seventeen hundred and Nine Repealed Abrogated and Declar’d Null and Yoid any Custome or Usage to the Contrary hereof in any wise notwithstanding.EAWS OF THE COLONY OF NEW YORK. 675 THE TWELFTH ASSEMBLY. Second Session. (Begun Sept 8, 1709, 8 Anne, Richard Ingoldesby, Lieut. Gover- nor.) [CHAPTER 193.] [Chapter 193, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 03; Baskett, p. 99. See chapter 168.. Revised by chapter 213.] AN AOT for Reviving an Act of General Assembly, entituled an Act for the better setling the Militia of this Province & making it more usefull for the Security & Defence thereof. [Passed September 20, 1709.] BE it Enacted by the Lieut Govr Gouncil & Assembly, & it is hereby Enacted by the Authority of the Same, That one Act of General Assembly, entituled an Act for the better Setling the Militia of this Province & making it more usefull for the security and defence thereof made in the first Year of Her Maties Reign, Expired by its own Limittation Shalbe and is hereby Enacted by the Authority aforesaid to be of force from the Publication hereof for and untill the first day of October wch shall be in the year of our Lord Seventeen hundred & Ten & no Longer. [CHAPTER 194.] [Chapter 194, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 90; Baskett, p. 97. Continued by chapter 218.] An Act for Laying a Duty on the Ton- nage of Vessels and Slaves. [Passed September 24, 1709.] Be it Enacted by the Leiut. Govr Council & General Assem- bly and by the Authority of the same. That every Master or Commander of any Ship or Vessel, the one half of which Ship or Vessel at least, does not belong to the Inhabitants in this Oolony, Coasting Sloops belonging to the Massachusets, Road Island, Conneticut and the Jerseys Excepted, who Shall Enter or Cleer in or out of this Colony shall pay Two Shillings Cur- rent mony of this Colony per Ton, for every Ton (according to the Tonnage of his Ship or Vessel) within Six days after the Arrivai of such Ship or Vessel upon penalty & Forfeiture of Twenty Pounds Current mony of this Colony, to be forthwith676 LAWS OF THE COLONY OF NEW YORK. paid by the said Master or Commander upon Conviction before the Mayor of the City of New York for the time being, by the Oatb of one Crédible Witness, that he or they bave not paid or refusing to pay the same, according to the Teneur of this Act. And on his or their refusall to pay the said penalty, to be Coinmitted by Warrant from the said Mayor untill he or they shall pay the same to the Treasurer of this Colony for the time being, the one. half of the saiid Forfeiture to be for and towards the Support of this Government, & the other half thereof to him that will prosecute the same to be recovered in manner aforesaid. And be it further Enacted by the Authority aforesaid That ail Ships & Vessies liable to pay the Duty by this Act Impos’d shall be Reported on Oath or Gaged by the Length of the Keel taken wthin Board (so much as she treads upon the Ground) and the breadth to be taken within board by the Midship beam from Plank to Plank, and tlie depth of the hold from the Plank below the Kelsey to the underpart of the Deck plank, & for a two Deck Ship or Yessel, the depth of her hold to be taken from the Plank below the Kelsey, tO' the under part of the upper Deck Plank, and the Length and Depth as hereinbefore mentioned, the Length of every Ship & Yessel to be Multiplyed by the breadth, and the product thereof by the Depth, the wholl to be Divided by Ninety five, & the Quotient of sucli Division shall be the true Contents of the Tonnage of every Ship & Yes- sel measured as aforesaid, according toi the said method & Rule ail Yessels shalbe Measured and the Duty computed and paid aecordingly by the Master or owner. And be it further Enacted by the Authority aforesaid, That the Officer herein appointed for Collecting the said Duty is hereby appointed to keep a fair Register of ail Entries upon Oath in a Well bound Book or Books to be provided & kept for that purpose and shall give One thousand pounds Security to Her Maty for the true performance of the said Office by Becognizance before tlie Mayor of the City of New York for the time being. And the said Officer shall give to the Govr for the time being & the General Assembly of this Colony when Sitting & requiring, an Account fairly written of the names of Su ch Master or person who hath so entred or Reported; with the names of Such Ships or Yessels their Tonnage or Buithen, & faithfully account for mony received by him by Virtue of his Office. And in case the Officer herein appointed shall hâve rea- son to Suspect anv Master or Commander who hath made a Short entry of the Tonnage of his Ship or Yessel, then & in Such Case the said Officer or Such Sworn Surveyor as a Gager as he Shall Implov shall Immediately repair on board Such Ship ôr Yes-LAWS OF THE COLONY OF NEW YORK. 677 sel by him So Suspected to take the true Burthen of his Yessel according to his best Judgment. & make true entry thereof in the said Books, & if it be found that the entry of the said Ship or Yessel be short of Such Survey or Gage, made by the said Ofïïcer, the Master or Person making Such Short Entry shall for the Sanie forfeit & pay Six shillings Current money of this Colony, for every Ton Short Entred, to the Ofïïcer hereWy appointed to Collect the said Duty without any Free or other Charges. AND be it further Enacted by the Same Authority, That Gabriel Ludlow, be and is hereby appointed the propper ofïïcer to receive the mony & the Duty hereinbefore menconed, & is hereby required & Impower’d to pay the said Sum and Sunis of mony so received & Collected as aforesaid, to the Treasurer of this Colony, for the time being and is hereby allowed & permitted to pay himself the Sum of Twenty ïïve pounds a Year for & as his Sallary for doing the duty as aforesaid. And be it further Enacted by the Authority aforesaid, that there shallbe Collected & paid, to Her Ma’ty, Her Heirs & Succes- sors from and after the Publication hereof, the Duty & Imposition of Three pounds for every Negro< that shall be Imported into this Colony not directly from Affrica, & Three Pounds for every other Slave or Slaves that shall not be directly Imported into this Colony not directly from Affrica, & Three Dutys herein Imposed shall be collected by the Ofïïce'r hereby named & appointed & who is hereby required & directed to pay and account for the Same in manner before Expressed. AND be it further Enacted by the Authority aforesaid, That the mony Imposed by this Act shall be applyed and paid by the Treasurer of this Colony to Such Uses as shall be directed by the Govr Council and Assembly of this Colony for the time being & not otherwise: PROYIDED, also that this Act shall be & Continue in force untill the ïïrst day of May One thousand Seven hundred & Eleven & no longer. [CHAPTER 195.] [Chapter 195, of Livingston & Smith and Van Schaack, wliere the act is printed in full. Printed in full in Bradford’s 1709 ed., p. 94; Baskett, p. 101. The original of this act does not appear to be in the office of the Seeretary of State, but from the minutes of the Council, such an act was passed September 24, 1709. (See .Tournais of Legislative Council, p. 288.)] An ACT to enable the Justices of the Peace to nominale Assessors and Collectors, in Case of Death. [Passed the 24th of September, 1709.] BE IT ENACTED by the Lieutenant Governor, Council, and General Assembly, and by the Authority of the same, That when,678 LAWS OF THE COLONY OF NEW YORK. and as often, or wkere the Assessors or Collectors skall die; every Manor, Town, Liberty or Precinct within the respective Counties, are hereby required and directed, within ten Days after the Death of any Assessor or Collecter, to chnse others in their Stead and Place; and on Refusai, Neglect, or Omission, the Justices of the Peace, or any Two of them, for the Counties where such Towns, Manors, Liberties, or Precincts are, are hereby required, impowered, and authorized to nominate and appoint Assessors and Collectors for such Towns, Manors, Liberties, and Precincts; which Assessors and Collectors shall, to ail Intents and Purposes, observe and do his and their Duties, as any other Assessors and Collectors are required and enjoined to do. [CHAPTER 196.] [Chapter 196, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 95. Title only is printed in Baskett, p. 102. Expired, September 24, 1731. The portion of the original law containing the signature is torn off, but from the Minutes of the Council it appears that the act was passed September 24, 1709. (See «Tournais of Legislative Council, p. 289.)] AN ACT to prevent the Exportation of the Gold and Solver Coin ont of this Colony. [Passed September 24, 1709.] BE it enacted by the Lieutenant Governr, Council & General Assembly & by the Authority of the same that from & after the Publication hereof no Person or Persons whatsoever within this Colony Dwellers or St rangers shall Ship, Load, put on Board, Export or in any manner carry out of the same Colony by Land or by Water, any Spanish Coin, Cevill, Pillar, Mexico or Peru, Lyon Dollars, half Dollars or ony other Forreign Coin, Gold, Silver or Bullion whatsoever, under the Penalty of forfeit- ing Double the Value of ail Such Gold or Silver or Bullion shipt on Board any Ship or other Vessel Exported or Carry’d out of this Colony by Land or by Water to be recovePd in any of Her Ma’ties Courts within this Colony, by Action of Debt, Bill, Plaint or Information, the one half of such Forfeitures to be to Her Ma’ty, Her Heires and Successors, to be paid in to the Treasurer of this Colony, & apply’d as the Governr Council & Assembly shall direct, towards the Support of the Govern- ment, & the other half to any person or persons who shalbe & are hereby authorized and Impowered to Informe and sue for the same in which no Essoin Protection Wager of Law, or non bult Ulterius prosequi shall be allow’d any Law, Custom or Statute to the Contrary hereof notwithstanding.LAWS OF THE COLONY OF NEW YOEK. 679 And for the more effectuai preventing of the Exportation aforesaid. Be it also Enacted b y the saine Authority That the Oaptain or Master or Captain & Master, where there are Such, of every Ship or other Yessel, sailing out of this Port, shall before he or they take any Goods on Board their Sliips or Yes- sels make his Corporal Oath before the Mayor or Eecorder of the City of New York for the finie being who are hereby Impower d, Authortz'd and requird Gratis, to Administer the saine, That he hath not, nor shall directly, nor Indirectly at any time before the Departure of Such Ship or Yessel out of this Port, take, receive or Ship on Board, Export or carry out of this Colony, any of the Gold & Silver Coin, Plate or Bullion whatso^ ever before mencon'd and shall also deliver into the Mayor or Eecorder of the City of New York for the time being, if require’d, a List of the rames of ail such who do or shall ship any Goods whatsoever, on Board them to the end that the said Mayor or Eecorder at his Discrétion may if he see Cause Sumons such person or persons before him and Examin him or them, on their Corporall oaths, if they hâve Directly or Indirectly shipt on board such ship or other Yessel, any Gold, Silver, Plate or Bullion as aforesaid, & in Case any such Cap't or master shall take on board any Ship or other Yessel any goods whatso- ever before he make such oath, or shall deny, refuse or neglect, to deliver in Such List, or if any p’son or persons who shall ship any such Goods, shall upon Lawfull Summons, refuse to appear, or appearing, refuse ko make such Oath, such Oaptain or Master person or persons shall by the said Mayor or Eecorder be Comitted to the Common Goale there to remaine, untill he or they respectively, shall appear deliver in such List, & make such Oath as aforesaid. And be it further Enacted by the Authority aforesaid That in Case the Mayor or Eecorder aforesaid or either of them upon Information given to either of them respectively, of any Silver or Gold, Coyn, Plate or Bullion, Exported, or about to be carried out of this Colony, shall neglect or refuse to put this Act in Execution, According as in and by this act they are Author- ized Empower’d & requir d, & pursuant to the true Intent & meaning hereof, Such Mayor or Eecorder shall Loose & Forfeit ffiftv pounds, to be sued for recovePd & disposé of, in Manner before Enacted, mentioned and exprest. And for the more easy Convicting of the offenders against this Act. Be it Enacted by the same Authority, That any two Crédible Witness’s, such as the Jury to whom any Issue upon this Act shall be Comitted shall Crédit & believe; shall be allowed sufficient proof and Testimony in the Law, to Convict any per- son or persons whatsoever guilty of the breach of this Act.680 LAWS OF THE OOLONY OF NEW YORK And as a further encouragement for the discovery of ail offenders, & the rendring this Act more Effectuai. BE it also Enacted by the Authority aforesaid, That whatsœver Oaptain, Master, Purser or other person who shall discover Inform against or prosecute any person or persons guilty of the breach of this Act shalbe and is liereby discharg’d and Indemnified, from any Contract, made for the Freight Transportation or Carnage of any Such Coin, money, Bullion and Plate before mentioned, and shall and may upon any Action, Comenced or brought against him or any of them, plead the Generall Issue, & bring this Act in Evidence for his Justification acquittance or discharge, any Bill or Bond Contract or matter thing Law Cus- tome or Statute to the contrary hereof notwithstanding. Provided alwavs notwithstanding, that this Act shall not be Constru’d nor extend to the Exportation from this City, of any wrought plate where proof shall be made before the Mayor or Recorder of this City for the time being, by one Crédible Witness, that so much Gold or Bilver Coin or Bullion hath been before that, Bona fide, Imported into this Colony, on purposes to be here wrought up, into such Plate or Yessels of Gold or Sil- ver, nor to any Traveller orPassenger by Land or by Water, tothe Neighbouring Oolonys, of the Massachusets, Road Island, Con- necticut, New Jersey Pensilvania, Mary Land or Virginia, car- rying away any Sum not exceeding Five pounds. PROVIDED also that no person or persons, shall be Lyable to be prosecuted, for any thing made an offence by this Act, but within one year, after the fact Comitted, and not at any time after that. This Act to Continue in force for the terme and Space of two years from the publication hereof onlv. [CHAPTER 197.] [Chapter 197, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 93; Baskett, p. 100. See chapter 88.] AN ACT for Reviving an Act for Encouraging of Seamen. [Passed October 11, 1709.] BE it Enacted by the Leiut Govr Council and Assembly, and by the Authority of the same, That one Act of General Assembly, entituled, an Act for the Incouraging of Seamen made in the third Year of the Reign of the late King William of Glorious Memory being Expired, shall be and is hereby revived & to remain in full force for and during the Space and term of Two Years from the Publication hereof.LAWS OF THE COLONY OF NEW YORK. 681 And be it further Enacted b y the same Authority, That in case it shal] so happen that any person or persons ta defeat the Intention af the said Act shall make or take any Bond, Bill or Spécialty whatsoever from any Seaman in trust, for the Use of any Tavern-keeper, Alehouse keeper or Victualler ail and every such Bonds, Bills or Specialtys shall be altogether void, null and of none Etfect, any Custome, Usage or Law to the oontrary hereof, notwithstanding, & any person or person making or taking any Such Bonds, Bills or other Specialtys shall and may by the Judges or Justices of any of Her Maties Courts of Justice be Examined on his her or their Corporall Oaths of and Concern- ing Such Trust and Use, and if the Party Examin’d shall refuse to discover the Same, Judgement shall begiven as if such Trust & Use, were Confess’d and Legally prov’d. And be it also Enacted, by the Authority aforesaid, That the said Act shall extend to ail Tavernkeepers, Alehousekeepers ancj[ Victualers, in Queens County and Kings County, ta ail Intenta as if they had been mentioned Express’d and naminated in the Body of the said Act. [CHAPTER 198.] [Chapter 198, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford’s 1709 ed., p. 94: Baskett, p. 101.] AN ACT to prevent the Removal of Actions of Twenty pounds from the Mayors Court of New York and other Courts. [Passed October 11, 1709.] BE it Enacted by the Leiut Govr Council & General Assembly and by the Authority of the same, That there shall not be after the Publication of this Act, any Removal by Habeas Corpus or other Writt, of any person or of any Case, Action or Suite or Appeall or writt of Error from any Judgement or Execucon from any of the Courts of the Mayor & Aldermen in the Citys of New York & Albany, or Burrough of West Chester, or from anv of the Courts of Comon Pleas in any of the Countys of this Colonv, in any personal Action where the matter in Demand, Suit or Contre- versy does not amount in real value, to, upwards the Sume of Twenty pounds, Lawfull mony of this Colony, provided the thing or matter in controversy do not bring in question or relate to the right or Title, of any Lands, Tenements & Hereditaments in this Colony, any Law, Usage or Practice to the contrary notwith- standing. And be it further Enacted, by the Same Authority, That where any Justice of the peace or other persons are authorized to hâve 86682 LAWS OF THE COLONY OF NEW YORK. Oognizance of Please of Debt or Tres-pass to the value of Forty Shillings and under within this Colony, itt shall & may be Law- full for Such Justice or other person to cause their Judgemts or Sentences respectively to be put in Execution by Warrant under their respective hands & Seals directed to the constables of the Towns, Mannors or districts, where the parties against whom the Judgm’t or Sentence is or Shall be given does Inhabit, or where their Bodys Goods or Chattles, are to be found, at the Election of the Party recovering, either to Levy the same by Sale of such parties goods & Chattles, returning the overplus, if any be, to the owner, or by taking their Bodys & comitting them to the County Goale there to remain in close & Safe Custody till Such Judgmt or Sentence shall be paid & Satt.isfyed. And be it further Enacted by the Authority aforesaid that the said Constables respectively, are hereby authoriz’d Commanded & required to put such Judgmts & Sentences in Execution, acoording to the Ténor, Intent and meaning of this Act, & the Sheriffs. under Sheriffs and Goalers of the Several Counties respectively are hereby authorized Coîmmanded & required to receive the Bodys of Such Partys in their respective Jailes, & then there in close and Safe Custody to keep, untill Such Judgmts & Sentences shall be Sattisfyed and paid, any Law, Usage or custome, to the contrary hereof notwithstanding. [CHAPTER 199.] [Chapter 199, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 89; Baskett, p. 95.] AN ACT for Levying divers Sums of mony for defraying the Charge of this Colony. [Passed October 11, 1709.] BE it Enacted by the Leiut Govr Council and General Assembly and by the Authority of the same that from and after the Publica- tion hereof there shall be paid to Her Ma’ty Her Heires and Successors, One Shillings Current mony of this Colony, for everv Chimney, fire place & Stove, that is or shall be Erected & built within this Colony by the Occupiers and Tennants thereof, and Two Shillings for every Negro or Indian Slave from Fifteen Years to Sixty Years of Age. And for the better Colecting the same. Be it Enacted by the Authority aforesaid, That the Several Assçssors for the time being of the Several Citys, Towns, Mannors & Precincts within this Colony shall within Forty days after the Publication hereof take an Exact true & perfect List of ail and every Hearths, Chimneys, fire places & Stoves & of ail Slaves as are dwelling & residing within the said Severall Towns, MannorsLAWS OF THE COLONY OF NEW YORK. 683 & Precincts from the Age of Fifteen Years to Sixty & a true Goppy of Such Lists shall be Delivered to the Clerk of each respective City and Oounty in this Colony Subscribed by the said Assessors by him to be Filed and remain in his Office. And the said respective Assessors are also hereby required to. Cause du«plicats of the said Lists to be fairly written and forthwith delivered or Cause to be Delivered unto the respective Collectors of every Citty & County who are hereby Authorized & required to Demand and receive of every person or persons Chargeable by this Act, one Shilling for every Chimney, fire place & Stove & two Shillings for every Negro or Indian Slave of the Age of Fifteen Years and under the Age of Sixty, Current monev of this Colony, which Said Sum & Sums the said Severall Collectors shall pay to the Treasurer of the Colony for the time being on or before the Twenty-fifth day of March next ensuing, Deducting Nine pence per pound, out of the mony Levy’d by this Act for Collecting the same. And if any person or Persons Shall refuse to pay the Several Sums appointed by this Act upon Demand by the Collector of the place, where they shall Dwell or Résidé, it shall and may be Lawfull for such Collector or Collectors for non payment thereof to Distrain the Goods & Chattles of the* Person or Persons so refusing & the Distress so taken to keep for the Space of Four Days at the Cost and Charges of the Owner thereof & if the said Owner doth not pay the said money so Distrain’d for, wthin the said Four Days, then the said Distress to be Pub- ickly Sold by the said Collector or Collectors for the payment and the overplus coming by the said Sale (if any be) over and above the Charg of taking and keeping the said Distress to be Tmme- diately restor’d to the owner thereof. And be it Enacted by the Authority aforesaid, That if any dispute or Controversy shall arrise between any of the Assessors & any respective Person or Persons concerning the Age of any Slave or Slaves or the Number of any Chimneys, Hearths or Fire- places the same shall be Decided by the next Justice of Peace, where such Person or Persons shall Dwell or Résidé, who is hereby Authorized & required to Détermine the Same, & whose award therein is hereby Enacted to be Valid in that behalf. And be it further Enacted by the Authority aforesaid that every Assessor & Collector, who shall refuse to do his or their Duty by this Act required shall forfeit Severally for every such neglect the Sum of Ten Pounds, and for every false return wilfully made contrarv to this Act, he or they shall forfeit and Loose for every Hearth, Chimney, Fireplace or Stove, & Negro or Indian Slave so falsely returned or omitted, the Sum of Six Shillings, the one Moiety to be paid to the Treasurer of this Colony for the time684 LAWS OF THE COLONY OF YEW YORK. being towards the Support of this Government, & tlie other half to the Informer or lie that will sue for tlie sanie. And be it furtlier Enacted by the Authority aforesaid that the nioney Impos’d by this Act shall be Apply’d & paid by the Treasurer of the Oolony for the tinie being to Such Uses as shall be directed by the Govr Council & Assembly of this Colony for the tinie being & no otherwise. And for the more Effectuai putting in Execucon an Act entituled an Act for laying a Duty on the Tonnage of Yessels and Slaves pass’d this présent Sessions. Be it Enacted by the Authority Aforesaid, That such Ship or Yessel lyable to pay Ton- nage money by the said Act Upon notice given by the Officer for that Purpose Shall within Six Days after her arrivai within this Colony enter and Cleer with tlie proper Officer appointed to Collect the Duty of Tonnage upon Forfeiture of Twenty Pounds Current mony of this Colony, to bee forthwith paid by the Master, Commander, owner or any of thern, upon Conviction before the Mayr or anv one of the Aldermen of the City of Xew York for the tinie being, who are hereby Authoriz’d & requir’d to hear and détermine the Sanie, by the Oath of one Crédible Witness and on his & their refusai to pay the saiid penalty to be Comniitted to the cornon Goal by Warrant from the said Mayor or any Alderman untill he or they shall pay the same according to the Direction of the said Act. And further that no Yessel or Yessels lyable to pay the said Tonnage money shall be Cleered at Her Ma’tys Custome House in this Colony or by any Officer thereunto belonging, untill it shall appear to the Said Officer Such Yessel or Yessels, hâve enfred with the Officer appointed to Collect the said Tonnage mony, under the penalty of Fiftv Pounds Current mony aforesaid, to be recovered & applyed as the Penalty of Twenty Pounds hereinbefore men- tioned is Directed. [CHAPTER 200.] [Chapter 200, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 92; Baskett, p. 99.] AY ACT for the Treasurers paying cer- tain Sums of money. [Passed October 11, 1709.] BE it Enacted by the Leiut Govr Council & Assembly and by the Authority of the same, That the Treasurer of this Colony do Issue forth & pay to the Several persons or their Assigns hereinafter nominated the respective Sums herein Express’d out of the Colonys money in his hands not otherwise appro^ priated, That is to say, Toi the Honourable Colonel RichardLAWS OF THE COLONY OF NEW YORK. 685 Ingoldesby Esqr the Leiut Govr Fifteen hundred ounces of Plate or Two tliousand One hundred Eighty two Lyon Dollars. To Roger Mompesson Esqr the Chelf Justice Three hundred Twenty tive ounces of Plate, or Four hundred, Seventy three Lyon Dollars. To the Clerk of the Council Seventy five ounces of Plate, or One Hundred & Nine Lyon Dollars. Ta the Printer, One hundred and fifty ounces of Plate or Two undred & Eighteen Lyon Dollars. To the Indian Interpréter, Seventy five ounces of Plate, or One Hundred & Nine Lyon Dollars. Ta the Messenger or Doorkeeper to the Gouncil, Fifty Ounces of Plate, or Seventy three Lyon Dollars. To the Weigh Master P Annum, One hundred twenty five ounces of Plate or one hundred Eighty two Lyon Dollars. To Helena Oooper for one hundred forty Seven Oatoch Boxes for the Expédition against the French Privateer under the Com- mand of Col. Peartree in Seventeen hundred & five Ninety Six Ounces & one half of Plate, or one hundred, forty Lyon Dol- lars & one half. To Daniel Ebbetts or his Order, for fitting a Roome in the City Hall for the Council to Sitt in, Fifteen Ounces of Plate, or Two & twenty Lyon Dollars. To Gabriel Ludlow Clerk to the General Assembly of this Colony and William Churchill So many ounces of good Plate or Dollars as Shall appear by an Order under the band of the Speaker of the said Assembly for the time being. And be it hereby Enacted, That the Reoeipts of the Severall and respective persons before named or their Assigns shall be to the Treasurer of this Colony a Sufficient Warrant and Dis^ charge for the same. [CHAPTER 201.] [Chapter 201, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 108; Baskett, p. 110. Expired in 1710. See chapter 187, which is the act revived. Revived by chapter 232.] AN AOT for Revivlng an Act, entituled ,an Act to prevent Selling or giving of Rum tor other strong Liquors to the Indians in the County of Albany. [Passed November 12, 1709.] PRESENT necessiity requiring^ Be it Enacted by the Leiut Governr Oounicil and Assembly, and it is hereby Enacted by the Authoritv of the same, That one Act entituled an Act to pre- vent Selling or giving of Rum or other Strong Liquors to the686 LAWS OF THE COLONY OF NEW YORK. Indians in the County of Albany, made in the Eighth Year of the Reign of Her présent Maty expired by ils owne Lymittation shall be and is hereby Enacted by the* Authority aforesaid to be of Force for and nntill the first day of June next ensuing & no longer. And whereas Mr John Ouyl-er did Farme the Excise* at Albany for one wholl Year upon the Seventh Day of July last for the Sum of One hundred thirty one Pounds at which time the Prohibition of Selling of Rum and other Strong Liquors to the Indians in the County of Albany, was Lymitted by an Act of General Assembly only for three months which Pro- hibition is now Reviv’d, whereby the said Cuyler will be a Looser, in regard the Indians Consum’d a, great deal of Strong Iiquor. Be it therefore Enacted & it is hereby Enacted by the Authority aforesaid that what Damage the said John Cuyler shall sustain by this said Prohibition, shall at the Expiration of the Year be taken into Considération by the General Assembly and allow him as they Shall think fitt and reasonable. [CHAPTER 202 ] [Chapter 202, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford’s 1709 ed., p. 110; Baskett, p. 111. See chapter 94.] AN ACT to Détermine Settle and As cer- taine the Bounds and Limits of the County of Orange [Passed November 12, 1709.] BE it Enacted by the Leiut Goveraour, Council and General Assembly and by the Authority of the same, That the County of Orange shall Extend from the Limitts and Confines of the Province of New Jersey, on the Westside of Hudsons River, along the said River, to the Line of the County of Ulster, and Westward, so far as Delaware River. And that the last clause wherein Wagachemeck and great and little Minisinck is men- coned in an Act, entituled, an A et for the more Regular pro- ceeding in the Elections of'Représentatives for the Severall Cities and Counties within this Province, be and is hereby, Repeald made null and void any thing to the Contrary thereof in any wise notwithstanding. PROVIDED and it is hereby Enacted by the Authority afore- said, That ail Levys & Assessments made before the Eighteenth Day bf Oetober Seventeen hundred & nine, shall be Levyd & paid in such manner as formerly & as if this Act had not been made.LAWS OF THE COLONY OF NEW YORK. 687 [CHAPTER 203.] [Chapter 203, of Livingston & Smith and Van Schaack, where tke title only is printed. Printed in full in Bradford’s 1709 ed., p. 113; Baskett, p. 112. The act repealed is chapter 98.] AN ACT to repeal an Act of General Assembly Intituled an Act to oblige Robert Livinston to account according to the Pur- port of an Act entituled an Act appointing & enabling Commissioners to take & State the Publick Acconnts of this Province [Passed November 12, 1709.] WHERE AS an Act of Assembly was made in the Year one Thousand seven hundred & one, Entitnled an Act to oblige Robert Livingston to Account. according to the purport of an act Entituled An Act Appointing & enabling Commissionrs to take the publick Accounts of this Province, wherein and whereby the said Robert Livingston Stood charg’d with the receipt of the Sum of seventeen Thousand Sixty nine pounds Nineteen Shil- lings & two pence farthing (alledg'd in the said Act) bv reason of specious pretences of his disbursements for the publick from the Year one Thousand Six hundred eighty three, to the Year one Thousand seven hundred & one of which Sum he is thereby required to give an account to the Said Commissioners Under the Penalty of forfeiture & confiscation of his Estate real & personal to that Value, he being before that time prevented of having the benefit bï his Vouchers by the late Lord Bellomont who' in the Year one Thousand Six hundred Ninety & eight had commanded them into his own possession from the then Clerk of the Council, was not able to finish the said Account, untill the Arrivai of the Viscount Cornbury, late Governour General of this Province, who laid his commands upon the Countess of Bellamont to make restoration of the said Vouchers which was performed accordingly whereupon the Said Robert Livingston did Soon after compleat his Account of the Said Sum to the Satisfaction of the Late Governour & Council who thereupon on the Second of February one thousand Seven hundred & Two did by order of Council restore the Said Robert Livingston to the peaceable possession of his Estate reall & personal in the City of New York which had been confiscated by vertue of the aforesaid Act An an Office of inquest thereof found by the Escheator General of the Province off New York, in obedience to an order of Capt. John Nanfan Leiutenant Governour & the Council of New York.688 LAWS OF THE COLONY OF NEW YORK. And whereas the aforesaid Act of Assembly by another Act of Assembly of this Province made in the first year of the Reign of onr Soveraign Lady Queen Ann Entituled an Act repealing several Acts of Assembly & declaring other ordinances publislid as Acts of Assembly to be void, amongst other Acts of the Next proceeding Assembly, & Sentences, judgments, decree, order, Ordinances, and Edi et Entituled, made, promulgated, as Act or Acts of General Assembly, or law, or laws of this Colony, Since the first day of August one thousand Seven hundred & one, were & thereby hâve been declared & Enacted to be utterly & wholly frustrate, Null, & Yoid AND WHEREAS it has Seenied good to her Royal Majesty, since that time, to grant her Royal approbation to some or one of these laws as aforesaid, repealed, by the aforesaid Act of Assembly, in Order whereunto her Majesty has been graciusly pleased to repeal that Act Entituled, An Act repealing Several Acts of Assembly & declaring Other Ordinances published as Act of Assembly to be void, by means whereof that Act of Assembly, Entituled an Act to Oblige Robert Livingston to account according to the purport of an Act, Entituled an Act for appointing & enabling Commissioners to take & State the publick Accounts of this Province^ is become reviv’d to the great danger of the Said Robert Livingston for prévention whereof. BE IT ENACTED by the Lieutenant Governour & Council & Generall Assembly of the Colony of New York and by the Author- ity of the Same, that the Said Act Entituled an Act to Oblige Robert Livingston to account, according to the purport of an Act, Entituled an Act for the Appointing & Enabling Commissioners to take & State the publick Accounts of this Province & ail & every Article, clause, forfeiture, confiscation, & penalty therein contained, is & shall froin henceforth, be utterly void to Ail intents & purposes; and ail Processe thereupon which has all- ready Issued or hereafter may issue against the said Robert Livingston & his Estate reall & personall whatsoever, is hereby likewise declared Null&void, to ail intents, constructions, & pur- poses, & the said Robert Livingston is hereby restored unto & protected in the peaceable enjoyment of ail his Estate reall & Personal in New York, which he had & enjoy’d at the time of the Making of the said Act of Assembly, Entituled an Act to Oblige Robert Livingston to account according to the purport of an Act Entituled an Act for appointing & Enabling Commissioners to take & State the Publick Accounts of this Province the Said Act of Assembly or any process whatsoever, inquest or Office of Record found by the Excheator General aforesaid or any other against the Said Robert Livingston or his Estate reall & personal,LAWS OF THE COLONY OF NEW YORK. 689 or any part thereof, or any other law or Act to the contrary thereof, in any wise Notwithstanding. [CHAPTER 204.] [Chapter 204, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 101; Baskett, p. 102. Baskett and Bradford State that the act was published Xovember 12, 1709. This bill is among the original acts in the office of the Secretary of State but is not signed by the Lieutenant-Governor. From the Minutes of the Council of November 1, it appears to hâve been passed by the whole législature, but does not appear to hâve been enacted on Xovember 12, when the acts of that session were signed by the Lieutenant-Governor. (See Journals of Legis- lative Council, p. 295.) Livingston & Smith and Yan Schaack, seem to think that the act never became a law, and that chapter 207 provided for the same purposes, the sums in both bills being the saine. This act, chapter 204, is, however, recited in chapter 222 as an act passed Xovember 1, 1709. A copy of the bill, as printed by Bradford, is inserted here.] An Act for the Currency of Bills of Crédit for Four Thousand Pounds. [Passed Xovember 1, 1709.] Be it Enacted by tlie Lieut. Governour, Council and General Assembly, and by the Authority of the same. That Bills of Crédit, to the Value of Four Thousand Pounds, and no more, shall be current, pursuant to the value of Money specified in an Act, entituled, An Act for levying Four Thousand Pounds passed in the eighth year of her Majestys Reign, which Bills shall be in manner following, Viz. This Indented Bill of Shillings due from the Colony of N. York, to the Possessor thereof, shall be in Value equal to Money, and shall be accepted accordingly by the Treas- urer of this Colony, for the time being, in ail publick Payments, and for any Fund, at any time, in the Treasury. Dated, New York, the first of November, 1709. By Order of the Lieut. Govemor, Council and General Assembly of the said Colony. Which Bills shall be signed by Robert Walter, John De Pey- ster, Robert Lurting and Johannes Jansen, or any three of them who are hereby appointed and directed to sign and issue the same, for pavment of such of the Four hundred eighty seven Men of the Militia of this Colony, appointed to- serve in the Expédition to reduce Canada, as appear, on the return of the Forces, to hâve served and for no- other use, intent or purpose whatsoever; which Bills are, and shall be received and paid for the same value, and equal to the current Coyn passed in this Colony for Goods, or any other thing bought and sold, in any payments to be made whatsoever, and the tender of the said 87690 LAWS OF THE COLONY OF NEW YORK. Bills for paying & discharging of any Debt or Debts, Bargains, Sales, Bonds and Specialties, shall be as effectuai in tlie Law to ail intents and purposes, as if the current Coyn of this Colony lias been offered and tendered to any person or persons for the discharge of the saine, or any part thereof. And be it further Enacted &c. That the sald Bills of Crédit shall be printed and numbered, expressing in every of them the Sum of Money they shall be current for. And to prevent Coun- terfeiring any of the said Bills, they shall be dated and cir- cumstanced in ail respects as the bills of Crédit are, tliat are mentioned, expressed and made current in an Act, entituled, An Act for the currency of Bills of Crédit for 5000 L passed in the 8th year of lier Majesfies Reign, Four hundred of the said Bills of Crédit hereby intended to be current, shall be for Five Pounds each Bill. Four hundred of the hereby intended Bills of Crédit shall be for Fiftv Shillings each Bill. And’ Eight hundred of the said Bills made current by this Act, shall be for Twenty Five Shillings each Bill, amounting to in ail, Four Thousand Pounds, to be delivered by the said Signées within one Moneth after the Publication of this Act, to the Treasurer of the Colony, for the finie being, toi be by him paid to such of the said 487 Men of the Militia of this Colony appointed to serve in the Expédition to Reduce Canada, according to the purport, true intent and meaning of the Act herein before mentioned, enti- tuled, An Act for levying Four Thousand Pounds, and to no other use, intent or purpose whatsoever; and to account to and with the Governor, Council and General Assembly of this Colony, for the time being, of the Receipts and Payments of the Bills hereby made current, when and as often as he the said Treasurer shall be thereunto required. And Be it Further Enacted, &c. That for encouraging the Currency of the said Bills of Crédit created by this Act, the Treasurer of this Colony, for the time being, shall and is hereby required and directed to take and receive ail and everythe said Bills according to the value therein expressed, with the Advance of One Farthing for each and everv Dav ail or any of the Bills are & shall be current for Five Pounds, from the date of the said Bills, to the Dav the said Treasurer shall reçoive them from anv part of the 4000 1. Tax raised by virtue of the said Act, entituled An Act for levying Four Thousand Pounds; And the Advance of Half a Farthing per Dav on évery the said Bills that are & shall be made current for Fiftv Shillings, from the Date of the said Bills until they shall be paid to the said Treasurer for any part of the said 4000 1. Tax; And the Advance of One Quarter of a Farthing per Day on everyLAWS OF THE COLONY OF NEW YORK. 691 the said Bills that are and shall be made current for Twenty Five Shillings, from the Date of the said Bills, until they shall be paid to the said Treasurer for any part of the said 4000 l.Tax. And on the Receipt of each two Thousand Pounds of them said 4000 1. Tax The Treasurer shall appoint the Signées to meet him, who are hereby required and directed to meet and joyn with him to examine and compare the said Bills, and cancel the same, taking an account of the Number and Value of the said Bills so to be cancelled, as aforesaid, and keep the same on a File, in order to be further examined by the Governour, Council and General Assembly, for the time being, or such as they shall appoint, when sitting and requiring the same. Be it also Enacted by the Authority aforesaid, That the said Signées shall take an Oath before the May or of the City of New York, for the time being, for their true Signing and Delivering the said Bills of Crédit, according to the genuine Intent and true Meaning of this Act. And be it further Enacted, &c. That the said Bills of Crédit shall be current in ail Payments, as aforesaid, until the last Day of Noyember, which shall be in the year of our Lord 1712, and no longer. And that the said 4000 1. to be raised by the said Act, entituled, An Act for levying Four Thousand Pounds, shall be paid to the said Treasurer in the said Bills of Crédit, and in no other Specie whatsoever. And be it further Enacted by the Authority aforesaid, that the several Advances to be allowed on the said Bills shall cease and détermine on ail and every of them from the Day they or any of them shall be paid to and receiwed, as aforesaid by the Treasurer of this Colony, who is hereby required to endorse the Day he received the said Bills, on some part, to prevent a further grow- ing Adyance. And such person or persons as shall be conyicted of Counterfeiting any of the said Bills of Crédit, shall incur the Pains and Penalties of Fellony, without the benefit of Clergy, and suffer accordingly. For the preyenting Différences, Be it further Enacted by the Authority aforesaid, That the Possessor of any Bill or Bills of Crédit lawfully issued, pursuant to an Act, entituled An Act for the Currency of Bills of Crédit for 5000 1. passed this Session, shall be entituled to, and be allowed from any Collector or any Collectors, appointed, or shall be appointed to collect the Tax directed to be leyied by An Act, entituled, An Act for leyying Six Thousand Pounds, passed this présent Sessions, the Interest or Increase of Fiye Pounds per Cent, per annum on ail or any of the said Bills, according to the true intent and meaning of the said Act.692 LAWS OF THE COLONY" OF NEW YORK. For the botter explaining An Act, entituled, An Act for levying divers Sums of Mony for defraying the Charge of this Colony, Be it Enacted by the Authority aforesaid, That it is the true intent and meaning of the said Act, that the Tenants and Occu- pyers therein mentioned shall bear and pay the Dnty therein laid on ail Chimneys, Fire-hearths and Stores, without charging the Landlord. And be it further Enacted by the Authority aforesaid, That Coll. Abraham De Peyster, the Treasurer, is herebv allowed.and permitted to Re-imburse, detain in his own hands, and pay him- self the Sum of One Hundred Pounds, out of ïhe Excise of this Colony, which at the desire of the General Assemblv he advanced to defray the extraordinary Charge of the Lieut. Governor and Gentlemen of the Council who did accompany him to Albany last July. For the better preventing of Frauds and Différences that may arise concerning an Act entituled, An Act for Detaching 487 Men, with their Officers included out of this Colonie, Be it Enacted by the Authority aforesaid That when the Captain of any Company, who hath served by virtue of the said Act, is dead, the next Commanding Officer of that Company shall execute the Powers mentioned in the said Act to be given to the Captain. And for the better Explaining and more Effectuai putting in Execution of several Clauses in an Act of Assembly of this Colony to Detach 487 Men to go on the Expédition against Canada, Be it Enacted by the Authority aforesaid, That ail the Fines and Forfeitures, arising from each respective Company, shall be paid into the hands of the Captain of the said Company, and shall be equally paid and distributed by him amongst such Person or Persons as he hath returned out of his respective Company to go on the said Expédition, and not otherwise. [CHAPTER 205.] [Chapter 205, of Livingston & Smith and Van Schaack, where the title only is printed. The act is not printed in Bradford or in Baskett and ne ver became a law. The Minütes of the Council for November 1, 1709, indicate that such a bill passed the Council on that date, with amend- ments. (See Journals of Legislative Council, p. 292.) The bill, as amended, was considered by the Assembly, November 2, 1709, but was not passed. (See Journals of Assembly, p. 265.) Nor was the bill again considered by the Assembly during the remainder of the session. It was not signed by the Lieutenant-Governor on November 12, 1709, when the bills of that session were enacted. (See Journals of Legislative Coun- cil, p. 295; Journals of Assembly, p. 270.)] An Act to regulate the Sale of Goods by public outcry, Auction or Vendue, in the City of New York.LAWS OF THE COLONY OF NEW YORK. 693 [CHAPTER 206.] [Cliapter 20G, of Livingston & Smitli and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 103; Baskett, p. 105.] AN ACT for Levying Tenn Thousand Ounces of Plate or Fourteen Thousand live hun- dred fourt-y five Lyon Dollars [Passed November 12, 1709.] BE it Enaeted by the Leiut Govr. Council & Genl Assemj- bly & by the Authority of the same that Tenn Thousand Ounces of Plate or Fourteen Thousand five hundred fourty five Lyon Dollars be laid, Assessed raised & Levy’d upon the Estâtes, real & Personal of iall & every the Inhabitants, Residents, Sojourners & Freeholders of & in rthis Colony to be paid to Colonl Abraham Depeyster the présent Treasurer of this Colony or to the Treasurer of this Colony for the tirne being in man- ner following That is to say Five Thousand Ounces of Plate or Seaven Thousand Two hundred Seaventy two Lyon Dollars & a half, part thereof on or before the last Day of May which will be in the Y"ear of our Lord One Thousand Seaven hundred & thirteen, & five Thousand Ounces of Plate, or Seaven Thousand two hundred Seaventy two Lyon Dollars & a half, remaiinder thereof, on or before the last day of November then next Ensu- ing, according to the Quotas & Proporcons herein expressed vizt For the City & County of New York Two thousand & Seaventy five Ounces of Plate or Tbree Thousand & Eighteen Lyon Dol- lars. For the City & County of Albany, Seaven hundred Sixty Seaven Ounces & a half of Plate, or One Thousand, One hundred & sixteen Lyon Dollars & a half. For Kings County, Fourteen hundred Ounces of Plate, or Two thousand & thïrty six Lyon Dollars. For Queens County Seaventeen hundred & fiftv Ounces of Plate or two Thousand five hundred & fourty five Lyon Dollars & a half. The County of Suffolk One Thousand six hundred & Eighty Seaven Ounces & a half of Plate, or two thousand four hundred & fiftv four Lyon Dollars & a half. The County of Ulster Seaven hundred & Ninety Seaven Ounces & a half of Plate or One Thousand One hundred & Sixty Lyon Dollars.694 LAWS OF THE COLONY OF NEW YORK. The County of West Chester Seaven hundred & twenty Seaven Ounces & a half of Plate, or One thousand & fifty Eight Lyon Dollars. The County of Richmond four hundred & Sixty Seaven Ounces & a half of Plate, or six hundred & Eighty Lyon Dollars. The County of Orange One hundred & sixty three Ounces & three quarters of Plate or two hundred & thirty Eight Lyon Dollars and a half. Dutchess County One hundred & sixty three Ounces & three quarters of Plate, or two hundred & thirty Eight Lyon Dollars & a half. And be it Enacted by the Authority aforesd that the Tenn thousand Ounces of Plate or Fourteen thousand five hundred & fourty five Lyon Dollars are hereby giveu & Granted to her Ma’ty her heirs & Suecessors to be applied to such uses as the Governr Council & Assembly for the time being shall direct & not otherwise, to be raised Levyed, Collected & paid to the Treasurer of this Colony for the time being in such manner & under such pains, penalties & forfeitures mentioned & expressed in an Act passed this présent Sessions, Entituled, An Act for Levying Four Thousand Pounds is Enacted, Declared, provided & Expressed to ail Intents Constructions & purposes whatso- ever, as if the severall Clauses, Provisions and Limitacons were at large herein recited & Incerted. And be it further Enacted by the Authority aforesd That over & above the respective Sums before Enacted to be paid three & three Quarters P Cent be assessed, raised & paid to the respective Collectors & Two & a half P Centum to the Treasurer aforesd & that the sd Treasurer shall keep a true & Exact accounpt of ail such Sum & Sums of mony as shall be by him so received, & paid, & render such an Account at ail times when required to the Governr Council & Assembly for the time being, when sitting & requiring the same. And be it Enacted by the Authority aforesd yt ye Farmer of ye Excise for the prsent Year for ye County of Pister shall & mav take reçoive & hâve ail such powers benifitts proffits & Ad vanta ges in ye Levying & receiving ye sd Excise as if one Act of Generl Assembly Entituled an Act to détermine Settle & Ascertaine the Bounds & Limitts of ye County of Orange passed this présent Sessions of Assembly had never been made.LAWS OF THE COLONY OF NEW YORK. 695 [CHAPTER 207.] [Cliapter 207, of Livingston & Smith, where the act is printed in full. Chapter 207 of Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 104; Baskett, p. 106. The interest of these bills retrenched by chapter 222. (14545 Lyon Dollars equals £4,000.)] AN ACT for the Currency of Bills of Crédit for Tenn Thousand Ounces of Plate or Fourteen Thousand five hundred & fourty five Lyon Dollars. [Passed November 12, 1709.] BE IT Enacted by the Lt Governr Council & General Assembly and by the Authority of the sanie That Bills of Crédit of Tenn Thousand ounces of Plate or fourteen Thousand five hundred & fourty five Lyon Dollars shall be Current pursuant to an Act Entituled an Act for Levying Tenn Thousand Ounces of Plate or fourteen thousand five hundred & fourty five Lyon Dollars passed this présent Sessions, wch Bills shall be in manner following (vizt) This Indented Bill of Ounces of Plate or Lyon Dollars due from ye Colony of N York to ye Possessor thereof shall be in Value Equal to mony & shall be accepted accordingly by ye Treasury of this Colony, for ye time being, in ail publick pay- mts & for any Fund at any time in ye Treasury Dated in N York ye first Day of Novembr One Thousand Seaven hundred & Nine by order of ye Lt Governr Council and Generll Assembly of the said Colony. Which Bills shall be Signed by Capt Robert Walters, Capt Robert Lurting, Capt Johannes DePeyster & Mr. Johannes Jansen or any three of them who are hereby appointed & directed to Sign & deliver the sd Bills to ye Treasurer of this Colony for the time being to be by him paid & Issued as the Govr Council & Assembly shall direct, wch Bills shall be received & paid for the same Value & equal to the Current Ooyn passing in this Colony for Goods or any other thing Bought & Sold in any paymts to> be made whatsoever, & ye tender of ye sd bills for paying & dis- charging of any Debt or Debts & Demands, whatsoever as Effectuai in ye Law to ail intents & purposes as the Bills of Crédit are or shall be Issued by an Act Entituled an Act for the Currency of Bills of Crédit for Four thousand pound passed this présent Sessions AND be it Enacted by the Authority aforesd to prevent Counterfeiting any of the s’d Bills they shall be Cii> cumstanced as the Bills of Crédit are that are men- coned in & made Current by an Act entituled. an Aot696 LAWS OF THE COLONY OF NEW YORK. for ye Currency of Bills of Crédit for four tkousand Pounds passed this présent Sessions, & three liundred of the Bills kereby intended to be Issued skall be for tkirteen Ounces & tkree quarters of Plate, or twenty Lyon Dollars every Bill tkree kundred of ye sd Bills skall be Current for Eleaven ounces of Plate, or sixteen Lyon Dollars every Bill, tkree kundred of tke sd Bills kereby designed to be Current skall be for five ounces and a. half of Plate or Eigkt Lyon Dollars eack Bill, & tkree kundred and tkirty Seaven of ye Bills kereby designed to be Current skall be for two Ounces & tkree quarters of Plate or four Lyon Dollars amounting to in ail Tenn tkousand Ounces of Plate, or fourteen tkousand five kundred & fourty five Lyon Dollars to be Delivered by the s’d Signors within a montk after tke publi- cacon of tkis Act to ye Treasurer of tke Colony for tke time being to be by kim Issued pursuant to- ye true intent & Genuine meaning of an Act for the Treasurers Issuing Bills of Crédit to pay tke présent Debt of tke Expédition to Canada & otker uses & to account to, & with tke Governr Council & Assembly for ye time being of Issuing ye Same when & as often as ke skall be tkereunto required. And be it further Enacted by tke Autkority aforesd for niaking . tke Bills of Crédit kereby to be made Current tke more Effectually valuable ye Treasurer of tkis Colony for ye time being is kereby required & Enjoyned to receive ail & Every ye s’d Bills according to ye Value therein expressed w’th ye advance of Two & a half P Cent P annum on ail or any of tke said Bills tkat are and shall be Current for Tenn Tkousand Ounces of Plate or Fourteen Tkousand five kundred and Fourty five Lyon Dollars from tke Date of tke said Bills to the Day tke said Treasurer skall receive themi for any part of the Tenn Tkousand Ounces of Plate or Fourteen Thousand five hundred and fourty five Lyon Dollars raised by said Act Entituled An Act for Levying Tenn Tkousand Ounces of Plate or fourteen Thousand five kundred and fourty five Lyon Dollars. And the Treasurer shall appoint tke Signors to meet him, wko are kereby required and Directed to meet and Joyn wth him to Examine & Compare ye sd Bills & Cancell them taking an accoumpt of ye Number & Value of yeCancelled Bills and keep tkem to be further Examined by tke Governr Council & Assembly for the time being or such as tkey skall appoint. And be it further Enacted by the Authority aforesd tkat the said Signors shall take an Oath before the Mayor of the City of N York for the time being for their true signing & Delivering tke said Bills of Crédit according to tke true meaning of tkis Act. And be it also Enacted by tke Authority aforesaid, Tkat tke said Bills skall be Current as aforesaid untill ye last Day ofLAWS OF THE COLOYY OF XEW YORK. 697 February which shall be in the year of our Lord One Thousand Seaven bundred & thirteen & no longer, & that tbe said Tenn Thousand Ounces of Plate or fourteen thonsand five bundred & fourty fiye Lyon Dollars to be raised by tbe sd Act Entituled an act for Leyying tenn thousand ounces of Plate or Fourteen thousand fiye bundred fourty & five Lyon Dollars shall be paid to the Treasurer in the sd Bills of Crédit and in no other specie whatsoever. And be it further Enacted by the Authority aforesd that the severall Advances to be allowed on the sd Bills shall cease & Détermine on ail & every of them from the Day any of them shall be paid to & receiyed by the Treasurer as aforesaid who is hereby required to Indors the Day he receiyed the said Bills to preyent a further growing Adyance & that such person or persons as shall be Conyicted of Counterfeiting any of the sd Bills shall incurr the pains and Penalties of fellony without the benifit of Clergy & Sufîer accordingly. And for the further Incouragemt of ye Currency of the sd Bills of Crédit be it Enacted by ye Authority aforesd that eyery six months after the Date of the said Bills when they are paid away the possessor shall be allowed by the person or persons that receiye the same at the rate of two & a half P Cent P Annum and so for Each Bill respectiyely for eyer half Year till they shall be paid into the Collectors & Treasurers who shall allow the sd Interest proportionably for the Dates at Two & a half P Cent P Annum as aforesaid. [CHAPTER 208.] [Chapter 208, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1709 ed., p. 112; Baskett, p. 111.] ANT ACT for an Assignment to the Lady Loyelace. [Passed November 12, 1709.] BE it Enacted by the Lieut G-oyernr Council & General Assem- bly and by the Authority of the sanie, That the Treasurer of this Colony for the time being, shall pay to the Right Honoble Charlotte Lady Loyelace Baroness Dowager of Hurley or her Assigns towards the Discharge of her Extraordinary expence Twelve hundred and fifty ounces of Plate or Eighteen hundred & Eighteen Lyon Dollars out of the Colony s money in his hands not otherwise appropriated on or before the first day of Jan- uary, now next ensuing & in Case of a Deficiency, then out of the first of the Colonys money, that shall ithereafter corne to his hands. 8869S LAWS OF THE COLONY OF NEW YORK. And be it further Enacted by the Authority aforesaid Tbat the receipt of the said Lady or her Assigns Shall be to the said Treasurer a Sufficient Warrant & discharge for the sanie. [CHAPTER 209.] [Chapter 209, of Livingston & Smith and Van Schaack, wkere the title only is printed. Printed in full in Bradford’s 1709 ed., p. 106; Baskett, p. 108.] AN ACT for the Treasurers Issuing Bills of Crédit to pay the présent. Debt of the Expédition to Canada and other Uses. [Passed November 12, 1709.] BE it Enacted by the Leiut Govr Council and Assembly and by the Authority of the same, That the Treasurer of this Oolony do Issue forth & pay to the Several persons or their Assigns hereafter nominated Bills of Crédit in his hands not otherwise appropriated for the Uses hereinafter Express'd, (That is to say) To Sundry Persons as by an Accot Delivered in, by the Commissioners in the City of New York a'ppointed for the said Expédition entiituled a. List of Persons names to whom money is due for provisions and other Necessarys by them for the use of the Expédition to Canada for which no Warrants are drawn; Fourteen hundred and Sixty five ounces and one Quarterof Plate or Twenty one hundred thirty one Lyon Dollars and one half. To Several 1 Accots Issued by the Commrs relating to the Expédition to Canada at Albany on the Treasurer of this Colonv, Eighteen hundred, Ninety Six ounces and a half of Tlate or Twenty Seven» hundred fifty Eiglit Lyon Dollars & a half to Seventeen Sawyers that served on the Said Expédition one hun- dred Ninety five Ounces of Plate and one Quarter, or Tw^o hun- dred Eighty four Lyon Dollars. To thirteen Carpenters Detacht out of the City of New York to serve on the said Expédition, Three hundred fifty five ounces of Plate and Seven Eights, O'r Five hundred and Seventeen Lyon Dollars and a half. To an Assignment to the Lady Lovelace menconed and Express’d in an Act. entituTd an Act for an Assignment to the Lady Lovelace passai this présent Sessions. To Capt. Robert Walters, Capt Lawrence Read, Ca.pt John De- Peyster and Capt Robert Lurting appointed Commrs for Manag- ing the said Expédition in relation to purchasing and procuring Provisions and other necessaries, for their trouble in & about the same, Five hundred Ounces of Plate or Seven hundred Twenty Seven Lyon Dollars & a half & for their trouble they hâve andLAWS OF THE COLONY OF NEW YORK. 699 are to take, for Signing the Bills of Crédit fer Five thousand Pounds untill they are CancelPd, One hundred and fifty ounces of Plate or Two hundred & Eighteen Lyon Dollars and one tkird. To Mr John Walters the Clerk to the said Connnrs One kun- dred ounces of Plate or one hundred forty five Lyon Dollars & a half. To Col Kilian Van Renslaer, Major Derrick Wessels & Capt. Myndert Schuyler appointed Comnirs for managing the Affairs relating to the Provisions and ail other necessarys for the said Expédition as hath been sent to them at Albany. Three Hun- dred Seventy five Ounces of Plate or Five hundred forty five Lyon Dollars and a half. To Mr Johannes Cuyler their Clerk Séventy five Ounces of Plate, or One hundred and Nine Lyon Dollars. To his Honour the Leiut Govr for providing Fire and Candie for the Garrison and the Guarding her Matys Fort in the City of New York untill the first Day of Aprill next, Three hundred Seventy five Ounces of Plate or Five hundred forty five Lyon Dollars and a half. To Daniel Ebbets two Ounces of Plate or three Lyon Dollars. To William Bradford for Printing, Twenty Eight hundred thirty Seven Bills of Crédit and for the Cuts, Fifty Ounces of Plate or Seventy two Lyon Dollars and three Quarters. To the Fersons appointed to Sign the said Twenty Eight hundred thirty Seven Bills of Crédit for their trouble and attend- ing tliat Affair untill they shall be! Cancelled Seventy Nine Ounces of Plate, or one hundred and fifteen Lyon Dollars. To Mr John Schuyler and Mr Abraham Schuyler & their attendance one hundred Twenty five Ounces of Plate, or one hundred, Eighty one Lyon Dollars and a half and one Eighth for their Services and Expences in a Journey to Onondoge and other Indians by order of the Governmt. To the Commrs for Managing the Indian Affairs at Albany Eighteen hundred and fifty Ounces of Plate or Two thousand Eighteen Lyon Dollars and one Quarter to be puid and apply'd to the Uses hereafter expressed, That is to Sav, Six hundred and fifty Ounces of Plate or Nine hundred, forty five Lyon Dollars and a halfe to be paid Such Christians and Indians as shall be Imploy’d for outseouts for the Defence of the Frontiers this Winter. Three hundred and Sixty two Ounces of Plate and a half, or Five hundred twenty Seven Lyon Dollars and a four penny weight of Plate for Fire and Candie for the Garrisons of Albany and Schenectady.700 LAWS OF THE COLON Y OF NEW YORK. One hundred and Twenty five Ounces of Plate, or One kun- dred Eigkty one Lyon Dollars and a kalf and four penny weigkt of Plate to be allowed to Such as skall perforai and do the work and Mistery of Black Smiths & will Inhabité and résidé tkis Winter witk tke Indians and men tkeir Arms. One kundred and fifty Ounces of Plate, or Two kundred and Eigkteen Lyon Dollars to be dispos’d and apply'd to neeessary Réparations of tke Blockhouses and tke building of a new one, for Lodging tke Regular Troops & Guards to be kept in tke City of Albany Five hundred Sixty two ounces and a, kalf of Plate or Eigkt hundred and Eigkteen Lyon Dollars to be paid to Fifty Indians at Eigkteen pence per Day for Sixty Days, which skall be paid by tke Treasurer of tkis Colony to tke said Commrs for tke uses aforesaid. And be it hereby Enacted by the Authority aforesaid tkat the reeeipts of tke Severall and respective persons before named or tkeir Assigns skall be to tke Treasurer of tkis Colony a Sufficient Warrant and Disckarg for the Same. And be it further Enacted by the Authority aforesaid, Tkat the Troop of Horse rais’d in tke County of Suffolk in tke three Eastern Towns in tke same County, to witt, in Southold, South Hampton & East Hampton, is hereby Constituted, Confiraied and Estab- lisht in tke same manner and under the like Régulations & with Such Rights & Priviledges as anv of tke other Troops of Horse hâve in this Colony or of Rigkt ought to hâve and enjoy. And be it further Enacted by tke Authority aforesaid, Tkat tke Commrs of the City of New York and Albany for tke said Expédition are kerebv Impowered and required to Issue their respective Warrants to the Treasurer for paying tke Accots Delivered to, and allowed by this House for suck Sums of mony here mentioned for which Warrants hâve not been already Issued. And be it further Enacted by tke Authority aforesaid tkat tkere be allowed unto Mr. David Sckuyler Tkirty Seven Ounces & a kalf of Plate or Fifty four Lyon Dollars and a kalf, and to Lawrence Claesen, Twenty five Ounces of Plate or Tkirty Six Lyon Dollars and a kalf for tkeir Journey to Onondage in May last and to be paid by tke said Treasurer on Warrants to be Issued by the Commrs for tke Said Expédition at Albany or any; two of tkem.LAWS OF THE COLONY OF NEW YORK. 701 [CHAPTER 210.] [Chapter 210, of Livingston & Smith and Van Schaack, where tlie title only is printed. Printed in full in Bradford’s 1709 ed., p. 109. Title only is printed in Baskett, p, 110. Expired November 12, 1710.] AN ACT for the better Watching and Guarding the City of Albany. [Passed November 12, 1709.] FORASMUCII as divers Officers both Civill and Military Inhabiting in the City of Albany the ffrontier of this Colony Claim a Priviledge to be Exempted and free from Watching sonie upon pretence of Law and others by Custome, and it being now a time of Danger, BE IT therefore Enacted by the Lieutenant Governr Councill and General 1 Assembly and by the Authority of the same, Tliat ail the Civill Officers and ail those that form- erly hâve had Military Comissions and are not now in Imediate Comand, and others who are not Listed in the City Companies or Troop Inhabiting in the City of Albany (Except Ministers of the Gospell) be Obliged to List themselves in a Company, which is to be Comanded by a Captain and Two Leiutents such as the Honoble the Lieut Governr shall be pleased to Appoint out of the said Civill or Military Officers which Company is hereby Directed and Ordered to take its Respective turn in mounting and keeping the Night Guards in some Convenient place in the said City as other the Companies of the Militia of said City doe, and if any of the said Civill or Military Officers shall refuse to Accept of such Comission lie or they shall fforfeit Twenty Pounds One half thereof to be Applyed towards the ffortifying the City of Albany and the other half to sucli p'son or persons as shall sue for the same and if any person wlio is not listed in the City Company’s or Troop at Albany shall refuse or Neglect to List themselves in this said Company in the Space of Thirtv Day’s after the Publicacon of this Act shall fforfeit for such Offence Six Pounds to be Recovered and Applyed as aforesaid, and if any of the said Company shall refuse or neglect to mount the Guard in his turn and keep the Night Guard or to send a fitt Man in his Room who shall be accepted off by the Captain of the Guard such Pson shall fforfeit for each such Offence three Shillings for the belialf of the said Guard to be Levyed by Distress of the Offendrs Goods and Chattles by Warrant undr the hand and Seal of the Captain of saïd Company. AND be it further Enacted by the Authority aforsd that in time of Alarm ail the Inhabitants of the County of Albany (Except those of Schenectady) as well those who are listed in the702 LAWS OF THE COLONY OF NEW YORK. Militia Company as those who are not, doe upon the first warning corne in with their Arms into the City of Albany for the Defence thereof if not prvented by sickness or other inévitable accident upon the Penalty of fforfeiting of ffifty Pounds. to be Applyed One half for the iïortifyeing of the City of Albany and other half to such person or persons as shall sue for the same, any law usage or Custome to the Contrary Notwithstanding. This Act to be in force for one year after the publication hereof and no Longer. [CHAPTER 211.] [Chapter 211, of Livingston & Smith, where the title only is printed. This act is not in Bradford, Baskett or Van Schaack, nor among the original laws in the office of the Secretary of State, and does not appear to hâve ever become a law. A bill of this title passed the Council, after having passed the Assembly, Novmber 12, 1709, (See Journals of Legis- lative Council, p. 294), but the bill does not appear to hâve been signed by the Lieutenant-Governor. (See Journals of Legislative Council, p. 295.)] An Act for confirming certain Lands unto Col. Nicholas Bayard. [CHAPTER 212.] [Chapter 212, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1709 ed., p. 110. Title only is printed in Baskett, p. 111. The act expired November 11, 1714.] AN ACT for the City & County of Albany to pay the Arrears due to their repré- sentatives & for other Uses. [Passed November 12, 1709.] WHEREAS complaint has been made that notwithstanding Several Act s of General Assembly of this Colony to the con- trary Sundry persons who hâve Served in General Assembly, as représentatives for the City & County of Albany hâve been kept out of their lawfull allowance when dthers that hâve served both before & after them hâve been duly paid for remedy whereof & prévention of the like Abuse for the future BE JT ENACTED by the Lieu’t Governour & Council & Représentatives convened in General Assembly & by Authority of the Same, that the Supervisors, Assessors, & Collectors for the City & County of Albany (Excepting those of the Colony of Renselaer- wyk) Shall & doe within the Space of Six weeks after Notice given, raise or cause to be raised within the Said City & County (Excepting the Colony of Renselaerwyk) upon the Inhabitants, a Sum of Money not exeeeding Two hundred pounds for the pay- ment & Satisfaction of Meyndert Sehuyler for the AllowanceLAWS OF THE COLOXY OF NEW YORK. 703 due to him as représentative of tlie said City & County in the Years one Thousand Seven hundred & Two, one thousand Seven hundred & three One thousand Seven hundred & four, one thousand Seven hundred & tive, one thousand Seven hundred & Six; & of John Cuyler & Peter Van Brugh for the Allowance due to them as représentatives of the said City & County in the years one thousand Seven hundred & five & One thousand Seven hundred & Six in the Same Method & Manner as are pro- vided in the Acts of General Assembly of this Colony, Entituled, AN ACT for defraying the publick & Necessary charges throughout this Province, & for maintaining the Poor & pre- venting Vagabonds & one other Act Entituled an Act for the better explaining & More effectuai putting in Execution the aforesaid Act made in the Second Year of the Reign of our Soveraign Lady Queen Ann which Money being raised & paid to the Treasurer of the Said City & County for the time being shall be by him forthwith paid unto the said Meyndert Schuyler John Cuyler & Peter Van Brug to each of them their respective Arrears due to them for their Said Services., According to the Warrants by them respectively Obtained from the Supervisors, upon the penalty of Fifty pounds to be forfeited to her Majesty, towards the defraying the publick charge of the Government of this Province, by each Superviser for Neglect of his duty in their behalf, to be recovered against hiim by action of debt in an y of her Majestys courts of record within this province besiides the Other forfeitures & relief, provided by the last recited Act of Assembly Against Supervisors, Assessors, Colleotors, & Treas- urers. AND BE IT FARTHER ENACTED by the Authority afore- said that forever hereafter, Assessors, Supervisors, Collectors & Treasurer in the Said City & County Shall Soe effectually take care & provide for the paymenjt of their représentatives Annually that they be paid their lawfull allowance for their services the preceding Year on or before the first dav of the Month. of January, in every year under the penalty & forfeiture aforesaid. And for as much as there are wanted in the first & Second Wards of the City of Albany publick Wells of great Use for quenching & extinguishing of fire. BE IT ENACTED bv the Authority aforesaid that it. Shall & ma y be Lawfull to & for the Mayor Aldermen & Assistants of the City of Albany within the Space of Nine Months next after the publication of this Act to issue out Warrants to the Assessors & Collectors of the Said Wards respectively for fhe raising & Collectihg of certain Sums704 LAWS OF THE COLONY OF NEW YORK. of Money not exceeding Thirty pounds in each of the Said Wards for the digging & building of one or more Stone Wells in each Ward for publick use in Such place of the Street & Manner as Shall be directed by the Said Mayor Alder- men & Assistants which Money the Assessors aieto Assess having a Spécial regard to the conveniency & Nearness of Such Wells to Such & Such places & the Collectons are to Oollect from the Inhabitants of tlieir respective Wards in Manner & under the sanie penaltys as are provided for other Assessments & being collected Shall be paid to the Treasurer of the Said City who is to give forth the same in payaient s by orders or Warrants of the Said Mayor, Aldermen & Assistants for the Use Aforesaid & None other And for the quieting & satisfying of the minds of ail the Inhabitants of the Said City & County. BE IT FARTHER EXACTE U by the Authority aforesaid, Yhat forever hereafter upon the change of Supenûsors & Treasurers in the Annual élec- tions the preceding Supervisors & Treasurer shall deliver over to their Successors in their respective Offices their books of pub- lick Account s & other papers rel atin g to their Said Offices by Indenture under their hands & Seals for that purpose to be made & that it shall & may be lawfull for any of the Inhabitants at any time for & during the Space of one whole Week next preceeding the day of the Annual élection to view & examin their books of publick accounts of their respective Offices* which every of them is hereby required not onelv to keep farely entred & Stated but to lay open for their view & examination during the Said time upon the penalty & forfeiture of five pounds for each default or X^eglect against the true intent & meaning of this Act to & for the Maintenance of the poor of the said City & County to be recovered in any Court of Record within this Province. And provided Alsoe that it Shall & may be lawful for any per- son or persons who doe or Shall within the Space of one Year next ensuing the publication hereof think themselves agrieved by the Supervisors & Treasurers of the Said City & County, Since the first Tuesday of April one Thousand seven hundred & five to call any of the said Supervisors & Treasurers to account & to view & examin their books of account of their said Offices which the late Supervisors & Treasurers are to lay before them upon demand upon penalty of one hundred pounds to be forfeited to her Majesty her heirs & Successors, to & for the Support of the charge of the City & County where the Offence shall be com- mitted to be recovered in any court of record within the Said Colony of New York; & that it Shall & may be lawfull for Such person or persons finding themselves injured by their or anyLAWS OF THE COLONY OF NEW YORK. 705 of tbeir rneans, default or Negleet to sue for the forfeitures pro- yided b y tlie aforesaid Act of Assembly or any of them; and the Offender in tkat behalf, Shall likewise be liable within the Space of one Year next ensuing to an Action of trespass grounded on that case to the person or persons thinking tliemselves injured in tliat respect within the tirne of four years by past, Any law or Usage to the contrary thereof in any wise Notwithstanding BE IT FARTHER ENACTED by the Authority aforesaid that after the publication of this Act, that it Shall & may be lawfull for the Freeholders & Inhabitants of Coxhachky & Catskill & ail those liying to the Soutliward of the Mannor of Rensselaer- wyck on the West Side of Hudsons Riyer a,s far as the County of Albany extends & the Freeholders & Inhabitants of that part of the Mannor of Livingston who live on the North Side of Roeloft Jansens kill or Creek And also the Inhabitants to- the North- wrard of the Mannor of Renselaerwyck if they think fit to elect & choose yearly & every Year one Supervisor Two Assessors & one Collector for the Said Ward or precinct who Shall haye the Same Power Authority Office & Function & doe perform, Exé- cuté & Serve & be liable to the Same- pains & penalties as the Supervisors Assessors & Collectors within the County of Albany hâve, ought or are intended to hâve done. And be it further Enacted by the Authority aforesaid that if any person or persons who hâve been Représentatives for the said Citty & County at any time before the 25th day of December in the year of our Lord 1708 and hâve just Claim or arrears due to him or them for his or their allowance for the Service thereof, ail such arrears shall be Assessed Collected and paid in the same Manner & method as is mentioned Expressed and Enacted in this présent Act for the Arrears due toi the said Myndert Schuyler John Cuvier and Peter Van Brugh any thing in the said Act to the Contrary thereof in any wise notwithstanding. Provided That this Act shall be & Continue in force for & During the terme of Five Years from the publication hereof & no Longer. 89706 LAWS OF THE COLONY OF NEW YORK. THE THIRTEENTH ASSEMBLY. First Session. (Begun Sept. 1, 1710, 9 Anne, Robert Hunter, Governor.) [CHAPTER 213.] [Cliapter 213, of Livingston & Smith and Van Schaack, wkere the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 84. Printed in full in Baskett, p. 120. See ckapters 114 and 193. Revived by chapter 235.] ‘AN ACT, for reviving an Act; of General Assembly entituled, an Act for the better Setling the Militia of this Province, & niaking it more Usefull for the Security & defence thereof. [Passed October 30, 1710.] BE it Enacted by his Excellency the Governour, Conncil & Assembly, & by the Authority of the sanie, That one Act of General Assembly, entituled an Act for the better Settling the Militia of this Province, & making it more Usefull for the Security & defence thereof, made ïn the first Year of Her Maties Keign, expir’d by its own Limittation, shall be and is hereby Enacted by the Authority aforesaid, to be of force from the publication hereof ; until the first day of Xovember whicli shall be in the Year of our Lord, One thousand Seven hundred & Eleven, & no Longer. And be it further Enacted by the Authority aforesaid, That during the continuance of this Act, ail the Civill ofïïcers, and ail those that formerly hâve had Military Commissions, those not in immédiate Command, & others wlio are not listed in the City Companies or Troop inhabiting in the City of Albany (except Ministers of the Gospel) be Obligd to list themselves in a Com- pany, wliich is to be Commanded by a Capt & two Leiu’ts, such as his Excellency the Govr shalbe pleas’d to appoint, out of the said Civill or Military Ofiicers, which Company is hereby directed & ordered altogether to take its respective turn in mounting & keeping the night Guards in some Con- venient place in the said City, as other Companys of Militia of the said city do ; & if any of the. said Civill or Military ofiicers shall refuse to aeeept of such Commission, lie or they shall forfeit Twenty pounds, one half thereof to be apply’d towards the fortifying the City of Albany, & the other half to such person or persons as shall Sue for the same; & if any person who is not listed in the City Companys or Troop at Albany, shall refuse or neglect to list themselves in the said Com- pany, in the Space of thirty days after the publication of this Act, shall forfeit for such Offence Six pounds, to be recovered &LAWS OF THE COLOXY OF XEW YORK. 707 apply’d as aforesaid; & if any of the said Company shall refuse or neglect to mount the Guard in Iiis turn, & keep tke niglit Guard, or send a fitt man in liis Room, who skall be accepted of by the Capt of the Guard, such person shall forfeit for each such Offence, three shillings, for the use of the said Guard, to be Levy'd by distress of the offendors goods & Chattles, by warrant under the hand & Seal of the Capt of the said Company. And be it further Enacted by the authority aforesaid, That in time of danger & alarrn, ail the Inhabitants of the City and County of Albany (Except those of Schenectady) as well those who are listed in the Militia Companies as those who are not, do upon the first warning corne in, with their Arms into the City of Albany, for the defence thereof (if not prevented by sickness, or other Inévitable accident) upon penalty of forfeiting of Ten pounds to be apply'd, one lialf for the fortifying the City of Albany, & the other half to Such person or persons as shatt Sue for the same; and that those Militia Companies in the County of Albany (Except Schenectady as aforesaid) with their respective officers, shall take their turn in mounting & keeping the night Guards in some Convenient place in the said City, as other Companies in the said City do, during the time of ail arm, upon penalty of forfeiting for each offence three shillings, for the use of the said Guard, to be levy'd in manner as aforesaid, as also that the Civil Officers in the County, & those that are not listed in the said Militia Companys, as aforesaid, shall Enroll with the aforesaid Company of Civill & Military officers, & those that formerly hâve had Military Commissions and take their turn in mounting & keeping the night Guard, Equall with them, during the time of Al arm. And be it further Enacted by the authority aforesaid, That the Officers of the twTo Militia Companies, & other officers in the City of Albany belonging to the Régiment, tliey or any other fitt officer in their roome, shall take their respective turns in mount- ing & keeping the night Guard, upon the penalty of forfeiting for every Offence six shillings; and that the Major shall every Evening goe the Majors Rounds, or the Captain of the Guard, upon penalty of forfeiting Six shillings, to be Levy’d by distress of the Offendors goods & Chattles by Warrant under the hands & Seal of the Colonel of the said Régiment. And be it further Enacted by the Authority aforesaid, That for the better regulat.ing of orders on the said Guards, a Court Marshall shall be held in the City Hall of Albany every first Monday in the Month, any Law, Usage or Custom to the Contrary notwithstanding.708 LAWS OF THE COLONY OF NEW YORK [CHAINER 214.] [Cbapter 211, of Livingston & Smith and Van Schaac-k, where tke title only is printed. Printed in full in Bradford’s 1715 ed., p. 82; Baskett, p. 12S. Expired, Xoveinber 1, 1712. See ckapter G6. Continned by chap- ter 367.] AN ACT for Reviving an Act, entituled, an Act. for the Regulating & returning Able & Sufficient Jurors in Tryals at Law. [Passed October 30, 1710.] BE it Enacted by his Excellency tlie Governr, Council & General Assembly, & by the Autliority of the sanie, Tliat one Act, entituled, an Act for the Regulating & returning able & sufficient Jurors in Tryals at Law, ma.de in tlie Eleaventli year of tbe Reign of our late Soveraigne King William the third, of Glorious Memory, Expir’d by its own Limittacon, shall be & is hereby Enacted by tlie authomy aforesaid, to be revived & of force, for, & untill, the first day of November, which shall le in the Year of our Lord, One thousand, Seven hundred & twelve, and no longer. [CHAPTER 215.] rChaptei* 215 of Livingston & Smith and Van Scliaack, wliere the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 84; Baskett, p. 125. Expired Xovember 1, 1711. Continned by ch. 22ü.] AN ACT for laying an Excise on ail Strong Liquors Retailed in this Colony. [Passed October 30, 1710.] Be it Enacted by the Govr Council and General Assembly, and by the Autliority of the same, That there shall be rais’d, lleii.ed, Colleoted & paid unto Her Maty, Her Heires & Succes- sors, from the Publication hereof, untill the first day of Novem- ber in the Year of our Lord Seventeen hundred and Eleven, for and towardsi the Support of the GovernnPt, an Excise upon ail Strong Liquors retail’d thro’ this Colony, under the Qnantity of five Gallons (Beer & Syder only excepted) to wi't, The Eighth part of an Ounce of Civil, rillar of Mexico plate, for each Gallon so retailed; & likewise, three quarters of an Ounce of the said plate for every Barrel of Beer and Syder. And be it further Enacted by the Authority aforesaid, that the 3Iayor & Aldermen of the City of New York, the May or, Aldermen & Justices of the Pence of the City & County of Âlbany, & the Justices of Peace of the other Counties, witliin this Colony, to which they belong, or the Major part of them,LAWS OF THE COLOXY OF NEW YORK. 709 for the time being, are hereby required, aufborized & Impower’d to let to Farm the aforesaid Excise in their respective Cities & Counties, by publick out-cry, Auction or Vendue, to the high- est bidder, or to the several Retailers of such Liquors, as the said Mayor and Aldermen, & Justices of the Pence respectively, in such maniier as they in their discrétions shall tliink fit, for the better advancement of the Duty and Excise hereby to be granted & Levy’df within one Month after the publication hereof. And the said Mayors, Aldermen & Justices of the Peace, as aforesaid, are hereby requir d to take good Securitys by Reeognizances, with suificient Sureties, of ail & every person or persons that shall farine the Excise, as aforesaid, with Condicon, that tliey pay the sanie quar- terly, by equall & even payments, into the hands of the Treas- urer of this Colony, for the time being, who is hereby appointed to receive the same; And also- shall within two Months after the same Excise, or anv part thereof, slialbe lett to Farme, or agreed for, Transmit to tlie Treasurer a true Account of the same respectively, with the Recognizances for the due payment thereof, according to the intent of this Act. And be it further Enacted by the authority aforesaid, That if anv or either of the said Mayors, Aldermen or Justices of the Peace, as aforesaid, shall neglect, deny or refuse to let to Farme the aforesaid Excise, in manner aforesaid, or to put this Act in Execution, so far as they are requiPd and Impower’d, according to the true Intent and meaning hereof, that then, he or they so offending shall each of them respectively forfeit unto Her Ma’ty, Her Heires & Suecessors, the full & Just Sum of Fifty pounds Current mony of Xew York, to be recovered in any of Her Mahies Courts within this Colony, by any person or person, who will & shall informe and sue for the saine, by Action of Debt or Informa- tion, the One half of whieh Forfeitures to be to Her Ma’ty, Her Heires & Suceessors, to be paid into the Treasurer, & apply'd towards the Support of this Government, & tlie other half to the Informer. And be it further Enacted by the aforesaid, That wThere there shalbe no farmer of the Excise in manner before Expres’d, the Mayors, Aldermen & Justices of the peace of the Several Cities & Counties respectively, shall & may either agréé with the retailers, whom they respectivply shall Lycence, at the least for the higliest of Such Sum or Sums by the Year, as such Retailer or Retailers at any time formerlv had or hâve paid, to be paid into the Treasurer quarterly, as aforesaid, or otherwise make such Retailer or Retailers enter into Recognizance, with Suificient Suretys, for the true and due payment of the Excise hereinbefore710 LAWS OF THE COLOXY OF XEW YORK. appointed, to be paid and granted according to tlie true meaning hereof. And for tke due & orderly Collecting tlie Excise liereby Given & Granted, Be it furtlier Enacted by tlie Authority aforesaid, Tliat ali Retailers of Strong Liquors within tliis Colony, shall upon ail their receipt of ail such Liquors before expres’d & Exciseable, corne to tlie Farmer of tlie Excise (if any be) or to tlie Mayor, Aldermen or Justices of tlie Peace in eacli Town, City & County, wliere such Retailer shall dwell, & make entry of ail, such Liquor or Liquors as they shall buy or receive, & pay such Duties, as are liereby appointed, within Twenty four hours, or at such Convenient time as the Farmer of Excise (if any be) or the Mayor, Aldermen or Justices of the Peace respectively, shall appoint, & on defauft thereof ail such Liquors as shall be found in any Retailers house or Warekouse, Cellar or other place, belonging unto him, her or them within this Colony, & hâve not been duely entred and paid the Duties of Excise, as aforesaid, then & in such Case, upon Con- viction by Oath of one or more Crédible Witness, before any Justice of the peace within this Colony, tlie said Retailer or Retailers so otïending in the prémisses, shall forfeit ail such Liquors, & three times the value thereof, the one Moiety to Her Maty, Her Heirs & Sue ressors, to be paid to the Treasurer of this Colony, for the time being, for & to be apply’d towards the Support of this GovernnTt, & the other half to the person tkat will Sue for the sanie before any Justice of the peace in this Colony, who is & every of tliem are liereby requir’d & Impower’d Summarily, & at liis discrétion Solely to hear & détermine the sanie, & to Issue his warrant for seizing ail such Liquors to be forfeited, as aforesaid, & for Comitting to the Comon Jaile ail such Retailers of Liquors who hâve not entred & paid the Duties aforesaid, & shall be so Convict thereof, tliere to remaine w'thout Baile or Mainprize, untill they shall Sattisfy & make paynr t of three times the value of such Liquors Seiz'd & forfeited, as aforesaid, as also for the arresting & Causing to be brought before liim, any person or persons infomrd against for retailing without Lyeence, provided, He Her or they hâve Lyberty to appeal to the next Sessions of the peace, giving Suôicient Security to answer tlie Saine. And be it further Enacted by the Authority aforesaid, That if any person or persons within this Colony, not being duely Lycenc’d, shall eitlier by Land or by water at anv time présumé to Sell by retail any Strong Liquors, tliat is to say, any Quan- titv under five Gallons, as aforesaid, the person or persons so offending shall pay the sum of Ten pounds, Current money aforesaid, for every such offence, being thereof Convicted in manner aforesaid, to be apply’d & paid as aforesaid.LAWS OF THE COLONY OF NEW YORK. 711 And be it furtlier Enacted by the sanie authority, & it is tlie true intent A meaning of this Aet, That no Retailers of Liquors under iive Gallons, or any otker that Shall Sell any St long Liquors, sliall reçoive any such into their Houses, Cel- lars or Warehouses, or into* any otker place in tlie Cities of New York & Albany, but by the hands of the Sworne Porters, under the penalty aforesaid, to be recovered for the uses & in the manner & forme aforesaid, to the Intent the said Porters shall so often as thereunto requird by the Farmer, if any be, or proper Officer or Officers of Excise, give & render upon his or their Corporall Oaths, a true & Just Acco’t to the best of their knowledge, of ail such Liquors delivered by thern to any such Iletailer, under the penalty of being turn’d out of his place and office. And be it furtlier Enacted by the authority aforesaid, that no Retailer of Strong Liquors within this Colony shall Sell any Strong Liquors to any Negro or Indian Slave under the penalty of Forty Shillings for every such offience, to be recovered before any one ofHer Ma’ties Justices of the peace, by him or lier that shall sue for the Same, & to be apply’d as aforesaid. And be it further Enacted by the authority aforesaid, That no person or persons enabled to sue for any [penalty, by vertue of this Act, shall Compound, remit or make any abnteinent of or for any of the] penalties herein menconed, but that the Sanie be prosecuted to effect, and paid and apply'd as kerein- before Express?d. And be it also Enacted by the Authority aforesaid, That Lyon Dollars and half Dollars slialbe received & be of equall value to thirteen penny weiglit & Eighteen Grains of Civill, Pillar & Mexico Plate, as aforesaid, for eack Dollar, for the Duty kereby intended to be rais’d. And be it furtlier Enacted by the Authority aforesaid, That the said Treasurer shall pay & apply the niony by this Act [to be rais’d in Sucli manner, & to Such uses only. as by Act] of General Assembly hereafter to be made for that purpose, shall be Lymitted and Express'd. And be it furtlier Enacted by the sanie authority, That the Mayor & Aldermen of the Burrough Towne of West Chester are hereby Empowered & requir d to lett to Farme the Excise in the said Burrough Towne, in the same manner, A under the sanie Régulations as the Mayor and Aldermen of the City of New York, or the Mayor A Aldermen of the City of Albany, are by this Act Empowered, directed A required to do.712 LAWS OF THE COLONY OF NEW YOEK. [CHAPTEE 216.] [Chapter 216, of Livingston & Smith and Van Scliaack, -where the act is printed in full. Printed in full in Bradford’s 1715 ed., p. 82; Baskett, p. 128.] AN ACT for the better Settlem’t and Assureing of Lands in this Colony [Passed October 30, 1710.] BE IT ENACTED by the Governr, Council and Assembly, and by the Authority of the Sanie, That every person or persons, Bodys Politick and Corporate, Citys or Towns, who by Thern- selves, their Tennants or Servants, or his* or their Assignée or Assigns, Grantees Their Ancestors, Predecessors or others under whome they Claime, hâve been Seized to their owne nse or uses, or taken the Eents, Issues and proffits of any Messuages, Houses Tenem’ts Lands and Hereditaments Whatsoever in this Colony and Plantation in his or their own proper Eight, for the Terni and Space of Ten Years now last past, & Shall so Continue whether in their own persons, their heirs, Successors or Assigns, or by any other person or persons under them, in possession, as aforesaid, without any Claime either by Actual Entry and posses- sion thereupon Continued, or Suite to be prossecuted to Effeet, untill the ûrst day of September in the year of our Lord Seven- teen hundred & Thirteen Shall from and after the Said ffirst day of September, and forever be Adjudged, Deerned and taken to be the True, Eightfull and Lawfull Owner of Such Messuages, Houses, Lands, Tenements and hereditaments Eespeetively, and Shall and may hâve, hold and Enjoy the Same, any Claime, Eight, Title, Demand or Pretence to the Contrary thereof by or from any person or persons, Bodys Politick and Corporate whatsoever, in Any Wise Notwithstanding. Trovided, That Niether this Act nor any thing therein contained shall Extend or be Construed to the préjudice or Barr of any person or persons who shall before the said ffirst day of September Seventeen hundred and thirteen, Commence any suit for any Lands, houses, Tenements or hereditaments in this Colony, and afterwards prosecute the same to Effect, Nor to the Préjudice of any Mortgagee or Lessee, whose Mortgage or Lease shall be Becorded in the Secretary's office of this Colony before the said first day of September Seven- teen hundred and thirteen Provided also That neither this Act nor any thing therein Contained, shall be Extended or Construed to the préjudice or hindrance of any person or persons under Age of One and Twenty years Marryed Women, not of Sound mind, Imprisoned, or beyond the Seas. Provided Such person or persons within Three yearsLAWS OF THE COLONY OF NEW YORK. 713 after liis or their Corning to tlie Age of One and Twenty years, being unmarryed, becoming of Sound mind, Liberty, or Return into this Plantation and Colony, do niake tlieir Actual Entry, or bring tlieir Suite, as aforesaid, otlierwise to be utterly debar’d, and Excluded froin any Entry, Claime, Suite or Demand Whatso- ever AND wliereas by many Accidents tbe Deeds and Writings relating to Estâtes Sonie tinie bave been and ruay hereafter be Destroyed, Consunied, and Lost Wkereby Tlie Lawful and Riglit- full Owner of any Lands, Messuages, Houses, Tenements, and Hereditaments may be Exposed to many doubtful, Expensive and Yexatious Suits, and other Inconveniences, for the Preventing Wliereof P>E IT ENACTED by tlie Autliority aforesaid, That ail and every Deed or Deeds, Conveyance or Conveyances and Writings relating to the Title or Property of any Lands, Messuages, Tenements or hereditaments within tliis Colony which hâve been already or Shall be hereafter Executed, being Duly Acknowledged & Eeeorded in the Secretarys office of the Said Colony, or in the County Records where Such Lands are Scituate and being, Such Deed or Writing so Recorded, or Transcript Tliereof, Shall be good and Effectuai Evidence in any Court of Record within Tliis Colony, to ail Intents and purposes, as if the Original Deed or Deeds, Conveyance or Conveyances and Writings vas or Were produced and proved in Court. AND be it fnrther Enacted by the Autliority aforesaid, That the Dutch Word Onroerende, and the Word Vaste Staat, which are Commonly Rendred into English by the Words Immovable and fast Estate, by which in the Dutch Language is understood a Real Estate, houses, Lands and Tenements, and otlier Real Estate of Inheritance, And are used in any Dutch Anténuptial Contract or Law Will & Testament, or Deed or Deeds made in this Colony, and Duly Executed before Two or More Crédible Witnesses at any time before The Publication of this Act, Ouglit therefore to be Understood of A Real Estate, And That the Parties who hâve Or Claime any Riglit to any Real Estate, or part tliereof, within this Colony, by Virtue of the aforesaid Dutch Words, or either of them used in Such Dutch Anténuptial Contracta, or Wills and Testaments, Or Deed or Deeds, as aforesaid, Shall and may Enjoy the Same to his or tlieir Heirs and Assigns for Ever, in as full And Ample Manner as if the Devise, Deed, Grant or Conveyance was made by the Words Real Estate, Lands or Tenements, and Sue for the Same, in her Majesties Courts within this Colony, and Recover Possession Accordingly, any Law Usage or Custome to the Contrarv hereof in any Wise Notwithstanding. 90714 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 217.] [Chapter 217, of Livingston & Smitli and Van Sc-haack, where tlie tit'.e only is printed. Printed in full in Bradford’s 1715 ed., p. 85; Baskett, p. 130. The act referred to is chapter 121, revived by chapter 171.] AN ACT to repeal a Clause in an Act, entituled, an Act agst Forging, Counterfeit- ing & Clipping of Forreign Coyn, wliich is Current mony in tlie Colony of New York. [rassed October 30, 1710.] Be it Enacted by tbe Goven’r, Council & Assembly, & by the authority of tlie sanie, Tliat whatever is contained in an Act, entituled, an Act against Forging, Counterfeiting and Clipping of Forreign Coyn, wliicli is Current mony in the Colony of New York, so farr as it relates to Clipping only, is hereby RepeaPd, Yacated, annulled, made void, & of none Effect, to ail Intents, Construccons and purposes whatsoever, as if the Sanie liad never been made. And be it further Enacted by the authority aforesaid, That ail Clippings of Forreign Coyn, Current in this Colony, that sliall make up the weight of mony reced or paid, shall hâve the appear- ance of the Stamp of the said Forreign Coyn, on Some part of the said Clippings. PROVIDED always, And it is hereby Enacted by the authority aforesaid, That no Dollars or lialf Dollars or any other Coyn, then Spanisli Coyne of Civil, Pillar & Mexico Plate, is permitted by this Act to be Clipp'd, any Law to the Contrary thereof in any wise notwithstanding. [CHAPTER 218.] [Chapter 218, of Livingston & Smith and Yan Scliaack, where the title only is printed. Title only is printed in Bradford's 1715 ed., p. 81. Printed in full in Baskett, p. 125. Expired, May 1, 1713. See chapters 191 and 230.] AN ACT for Continueing An Act for laving a Duty on the Tonnage of Yessells & Slaves. [Passed October 30, 1710.] BE IT ENACTED by the Governour, Councill and Assembly, And it is hereby Enacted by the Authority of the sanie, That one Act, Entituled An Act for laying a Duty on the Tonnage of Yessells & Slaves, made in the Eighth year of her Majties Reign, shall be of force and Continue untill the first day of May, wliich shall be in the year of our Lord One Thousand Seaven hundred and Thirteen.LAWS OF THE COLONY OF NEW YORK. 715 And for tlie better Collecting the said Duty, & more Effectuai putting the said Act in Execution, BE IT ENACTED b}’ the Authority aforesaid, That every Master or Commander of any Ship or Yessel, the One half thereof not belonging to the Inhab- itants of tliis Colony (Coasting Yessells belonging to the Massa- chusetts, Rlioad Island Connecticut and the Jersey Excepted) That shall arrive and corne into tliis Port or harbour, Shall within Twenty ffour liours after Such his Arrivai repair to the Officer Appointed to Colleet the said Duty, provided Notice Given by said Officer, and tlien and tliere produce to the said Officer the Register of his Ship or Yessel 1 to be perused, and if required, to give a true Copy of the Register of such Ship or Yessell to the Said Officer, Attested by the said Master or Comander, within Twenty four liours after such request, under the penalty of ffive Pounds Current nioney of tliis Colony for every Such Delay, denyal, neglect or refusai to Comply with tliis Act. And be it further Enacted by the same Authority, That every Master or Commander of such Ship or Yessell, lyable to pay the said Duty, shall be Obliged and is hereby required to Report upon Oath before the Mayor or any of the Aldernien of the City of New York, the Dimensions of his Ship or Yessell as is mentioned and Expressed in the said Act, and produce and give the same to the said Officer within Six days after the arrivai of Such Ship or Yessell within the said Port or harbour, under the Penalty of ffive Pounds Currant nioney of this Colony. And be it further Enacted by the Authority aforesaid that every Master or Commander of any Ship or Yessell shall within Tsventy ffour hours after the Arrivall of his Yessell in the harbour or Port aforesaid, on notice given him by the said Officer, make oath before the Mayor or any of the Aldermen aforesaid, wrho are required and ImpowTered to Administer the same, w hat Nuniber of Slaves are brought or corne into the said Port in his Sloop or Yessell, an*d for his delaving, denying, neglecting or refusing to make Oath, as aforesaid, within the time hereinbefore limitted and Expressed, Shall fforfeit and pay the Sume of Twrenty pounds Currant nioney aforesaid. And for the more Orderlv and Easier Collecting the said Duty by the said Act Impos’d, Be it further Enacted by the same Authority, That ail the penaltys and forfeitures menconed in the said Act, and herein Express’d, Shall be recovered in the same manner as is menconed in the said Act, or in the Mayors Court of the City of New7 York, wiio are hereby required Sumarily to hear and détermine the same, on the Oath of One Crédible Wittness or Confession of the party offending, under the Penalty of Tenn Pounds Currant nioney of this Colony, to be recovered in716 LAWS OF THE COLONY OF NEW YORK. the Supream Court of Judicature in this Province, by Bill, plaint or Informacon, where no Essoin, Protection, wager of Law, or any inore then one Imparlance shall be allowed. And be it further Enacted by the Authority aforesaid, That ail Vessells that hâve or shall be built in any part of this Colonv, shall not be lyable to pay the said Duty of Tonnage for the first time they shall Enter and Cleer out. [CHAPTER 219.] [Chapter 219, of Livingston & Smith, and Van Schaack, where the title only is printed. Title only is printed in Bradford's 1715 ed , p. SI. The act is not in Baskett. Expired, November 25, 1713.] AN ACT to prevent the burning of Woods. [Passed, November 25, 1710.] BE IT ENACTED by the Govern’r, Council & General Assembly, and by ye Authority of the Sanie, Tliat everv person or persons whatsoever, That Shall frorn and after the ffirst day of January next following, in the County of Suffolk, Queens County or Kings County, City and County of New York, Set on fire any uplands, plains, Woods, Trees, Slirubs, under-woods or buslies, Standing, being or Growing in the Respective Countys above Said, Shall forfeit and pay to Her Majesty, Her Heirs and Succes- sors Forty Shillings current money of this Colony, to be forth- witli paid by Such Offendor or offenders, upon Conviction before any Justice of Peace in this Colony, for the time being, who is herebv impowered and required to liear and Determin the Saine, by the oath of One or more Crédible Witnesses, or Confession of the Party So Offending, that he or they hâve Committed the Said offence, and on his or their Refusai to pay the Said Forfeiture, to be committed by Warrant from the Justice of the Peace, to the Comnion Goal untill he or then Shall pay the Same, the One half •of the Said Forfeiture to be paid to the Treasurer of this Colony, for the time being, for & Towards the Support of this Governnrt, and the other half to him that Shall be damnified, and tliat Shall Sue for the Same, besides Such p'son or posons being liable to An Action on the Case for any Damage that Shall be Sustained by any p'son whatsover, who Shall by the willfulness or négligence of any other person be Spoiled or hurt by any Such firing. This Act to be in Force for Three years from the publication hereof, and no longer.LAWS OF THE COLONY OF NEW YORK 717 [CHAPTER 220.] [Chapter 220, of Livingston & Smith and Yan Schaack, where the title only is printed. Tille only is printed in Bradford’s 1715 ed., p. 84. The act is not in Baskett Expired, November 25, 1713.] AN AOT for Repairing of the Block- houses Platforms and other the ffortifi- cations of the City of Albany and the Town of Schonectady in the said Oounty. [Passed, November 25, 1710.] FORASMTTCH as the Safety, good and wellfare of the City of Albany does greatly Dépend on the Repaiting the fortifications of the same, Be it therefore Enacted bv his Excellency the Gover- nour, Council and Représentatives now in General Assembly, Con- ven’d, and by the Authority of the same, that the Sum of Four hundred Ounces of Plate, Which is hereby Given and Granted to her maj’tie, her heirs and Successors, be laid, Assessed, raised and levyed upon ail and every the Inhabitants, Residents, Sojourners and ffreeholders of the City and County of Albany, and the several Mannours and Jurisdictions thereof (The Town of Schonectady, its Ont-farms and Dependencies only Excepted) to be Imployed by the Mayor, Aldermen and Justices of the Peace, or the Major part of them, or such as they shall appoint of the said Citty and County, for the Repairing of the Block-houses, Platforms and other the ffortifications of the City of Albany, within the time of Two Years next and after the Publication of this Act, to be paid unto the Treasurer of the said County of Albany, for the time being, to be disposed of by Warrant under the hands and Seals of the Justices of the Peace of the said Citty and County, or the Major part of them, for the time being, for the uses and purposes aforesaid, and to no other use or pur- pose whatsoever. And Be it further Enacted by the Authority aforesaid, That for the better Assessing, Collecting and paying the Quantity of Four hundred Ounces of Plate, as aforesaid, the Mayor, Alder- men and Justices of the Peace of the said City and Oounty, or the Major part of them, do at such times and places, after the Publication hereof, Assemble and meet together in the Court- House of the said City, or such other place or places as they shall Agréé amongst themselves, and shall theré order that the Assessors and Collectors for the said City and County, Mannours and Jurisdictions (the Assessors and Collectors of Schonectady Excepted) for the time being, for the Assessing, Collecting and718 LAWS OF THE COLONY OF NEW YORK. receiving of the Publick Rates fer defraying the publick and necessary Charge of the same, be the Assessors and Collectons for the Assessing, Colleeting and Receiving the Quantity of Plate hereinbefore mentioned, in two distinct Payments, in such proportions, and at such times, within the Town aforesaid, as unto the said Mayor, Aldermen and Justices, or the Major part of them shall seem meet and reasonable. AND Be it further Enacted bv the Authority aforesaid, That the said Mayor, Aldermen and Justices of the Peace hâve and shall hâve power and Authority, by Yirtue of this Act, each of them by himself, to Administer an Oath to the said Assessors, well and truly, Equally and Impartially, and in due Proportion, as it shall appear to them, according to their best understanding, to Assess and Rate the Inhabitants, Résident s, Sojourners and ffreeholders of the respective places, Mannors and Districts for which they shall be Assessors. AND BE IT further Enacted by the Authority aforesaid, That if any person or persons, who shall be Chosen Assessors or Col- lectors, shall deny or neglect to Assess, or refuse to make suchi Assessment, as by this Act is required, or shall deny, neglect or refuse to Collect any Sume or Sûmes of Money, in form before mentioned Assessed, that then and in such Case, it shall and mav be lawful for any two of Her Majesties Justices of the peace of the said City and County, and who by virtue of this Act are required and Impowered to Do the same, by Warrant under their hands and Seals, to Commit such Assessors or Col- lectors so Denying, neglecting to Assess, or refusing to Collect, as aforesaid, to the Common Goal, there to remain without Bail or Mainprize till he or they shall make fine and ransom to her Majesty for such his contempt aforesaid. AND BE IT further Enacted by the Authority aforesaid, That if any person or persons, of what degree or quality soever they shall be, within the said City, County, Mannors and Jurisdic- tions aforesaid, who shall be Assessed or Rated any Quantity of Plate, by virtue of this Act to be raised and laid, shall deny, refuse or delay to pay and Satisfy the same, that then it shall and may be Lawful for any such Collector, by Virtue of a War- rant under the hand and Seal of any of the said Mayor, Alder- men or Justices of the Peace of the said City or County, who by Virtue of this Act are required and authorized to grant and Issue forth such Warrant to levy the same by distress and Sale of such person or persons Goods and Chattles, returning the over-plus (if any be) to the Owner the Quantity of Plate Asses- sed, and Charges of Distress being first Deduoted.LAWS OF THE COLONY OF NEW YORK. 719 AND BE IT further Enacted by the Authority aforesaid, That If the said Mayor, Aldermen, Justices of the Peace, or any o£ them who are hereby required, Impowered and Authorized to take Effectuai care that this Act and every Clause therein be duly Executed, according to the true and Genuine Sence thereof, shall deny, refuse, neglect or delay to do, perform, fullfil and Exécuté ail and every, or any of the powers, duties and authoritys by this Act required and Impowered by him or them to be done, per- formed, fullfilled and executed, and shall thereof be lawfully con- victed before any of her Majesties Courts of Record in the said City and County, he or they shall suffer such pain by fine and Imprisonment, as by the Discrétion of the Justices of the said Courts be Adjudged. AND BE IT further Enacted by the Authority aforesaid, That if any Action, Bill, Plaint or Information shall be broüght, moyed or prosecuted at any time hereafter against any person or per- sons, for any matter, cause or thing done or Acted in pursuance or Execution of this Act, such person or persons so sued or prose- cuted in any Court whatsoever, shall and may plead the General Issue, Not Guilty, and Give this Act and the Spécial matter in Evidence. And if the plaintif? or prosecutor shall be non-Suited, or forbear further prosecution, or suffer discontinuance or Verdict to pass against him, the Défendant or Défendants shall hâve Treble Costs, for which they shall hâve the like Remedy as in cases where Costs by Law are given to Défendants. PROVIDED always, That no Mayor, Alderman or Justice of the peace shall be Troubled, Sued, prosecuted or Molested for any Omission, Offence or neglect by virtue of this Act, but within the space of one Year after such Omission, Offence or Neglect; and not at any time there-after, any thing herein contained to the contrary hereof Notwithstanding. AND WHEREAS it is very necessary that there should be publick Wells appointed and made in the Several Wards of the City of Albany, and there being at this time none in the first and Second Ward thereof, Be it therefore Enacted by the Authority aforesaid, That it shall and may be lawful to and for the Mayor, Aldermen and Comonalty of the said City, within the space of Six Weeks next and after the Publication of this Act to Issue out Warrants to the Assessors and Collectors of the said Wards respectively, for the raising and collecting of a Certain Quantity of Plate, not Exceeding Seventy and five Ounces in each of the said Wards, Which is hereby Given and Granted to her Majesty, her heires and Successors, to be paid by the Inhabitants there,720 LAWS OF THE COLONY OF NEW YORK. and deducted out of their Landlords Rent, in such ways and man- ners, and in such proportions, as unto the said Mayor, Aldermen and Commonalty shall direct, to be paid to the Treasurer of the said City on or before the first of June, which shall be in the Year of our Lord One Thousand Seaven hundred and Eleven, to be imployed for the making two publick Stone or Wooden Wells, One in each of the said Wards, at such places in the sanie, as unto the said Mayor, Aldermen and Commonalty shall seem meet, and for no other use whatsoever. And the said money is to be paid out for the uses aforesaid, by the said Mayor, Alder- men and Commonalty, by Warrant under the Common Seal of the said City, signed by the Mayor. AND BE IT further Enacted by the Authority aforesaid, That the said Quantity of Plate, not exceeding Seventy five Ounces in each Ward,- shall be raised, Colleeted and paid in the same and like manner, and under the like pains and penalty’s as before in this Act is prescribed for the raising of Four hundred Ounces of Plate, as aforesaid. AND BE IT further Enacted by the Authority aforesaid, That the Justices of the Peace of the County of Albany, living at Schoneetady, are hereby fully Impowered, for the time of Two Years, next and after the Publication hereof, by Warrant under their hands & Seals, to order the Assessors of the said Town and precincts, for the time being, Equally and Impartially to Assess the Inhabitants thereof, to Cut, ride and set every Man his pro- portion, he shall be Asses’t, of Pallisadoes for the ffortifications of the said Town, as they, from time to time, shall judge needfull for the Defence thereof, under the like pains and penalty’s as before in this Act is Expressed, and as if a Tax, payable in Money, had hereby been levyed for the same, any Law, Usage or Custom to the Contrary hereof in any ways Notwithstanding. This Act to Remain in force for the Space of Three Years afte* the Publication hereof, and no Longer. [CHAPTER 221.] [Chapter 221, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 84. Printed ln full in Baskett, p. 130.] An Act to Collect the Arrears of Taxes: [Passed, November 25, 1710.] BE IT Enacted by the Governour Council and Assembly and by the Authority of the same, That the Severall Collectors of theLAWS OF THE COLONY OF NEW YORK. 721 Severall Countys Citys Towns Mannors Liberty» and Jurisdic- tions in this Colony who were and hâve been at any time hereto- fore Chosen and Appointed to Levy and Collect ail or any part of the Taxes raised within this Colony sinee the twenty seaventh Day of September which was in the Yeare One thousand seaven hundred and Six untill the Publication of this Act or in case of Death or removal the Co-llector or Collectors for the Time being, shall and are hereby directed required and Impowered to Leyy and Collect the Arrears of ail or any part of the said Taxes according’to then Several Assessments thereof made, of and from the Several and respective persons, in the Several and respective Citys, Towns, Mannors, Liberty s and Jurisdic tions in this Colony, chargeable therewith, who hâve not paid ail, or still are in arrears for the said Taxes, or any part thereof; and the Sums so Levied and Collected, with the Sums now remaining in any Collectors hands, of any Assessment, shall forthwith be paid to Collonell Abraham De Piester, the Treasurer of this Colony, to be issued and paid according to the Laws of this Plantation. AND BE IT further Enacted bv the Authority aforesaid, That the said Collectors, and every of them, shall hâve the same powers and Authoritys, privilèges and Advantages for the putting this Act in Execution, and be liable to and undergo the same pains and penalties, in Case of any Omission, Neglect or abuse, as the Collectors in any or ail. the Acts of General Assembly are invested with, or liable unto, as if the Same were Specially and particularly at large mentioned in this Act AND BE IT further Enacted by the Authority aforesaid, That the Arreares of the Excise of the last Year, due by the Several Cities, Towns, Mannors,, Burroughs and Countys of this Colony, be paid unto the said Treasurer, within the Space of one Month after the Publication hereof, under the penalty of Forfeiting double the Sum in Arrear by the person making default con- trary to the Intent of this Act, to be Recovered by the Treasurer of this Colony by Action of Debt, in any of Her Majesties Courts in this Colony, and to be applv’d towards defraying the necessary Charge and Support of the Government. 91722 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 222.] [Chapter 222, of Livingston & Smith, where the act is printed in full. Chapter 222, of Van Schaack, where the second paragraph only of the act is printed. Title only is printed in Bradford’s 1715 ed., p. 84; Baskett, p. 130.] An Act to Retrench the Growing Interest of Bills of Crédit. [Passed, November 25, 1710.] BE it Enacted b y the Governour, Council & Assembly, & b y the authority of the same, That from and after the first day oî November, in this présent Year, there shall not be allowed, received or paid by the Treasurer of this Colony, for the time being, or by any other Person or Persons whatsoever, any Inter- est, Increase or Use on any of the Bills of Crédit, Enacted to be Currant in this Colony, by Virtue of one Act of General Assembly, pass’d in the Year of our Lord, Seventeen hundred and Nine, entituled, An Act for the Currency of Bills of Crédit for four Thousand pounds, or by Virtue of one other Act of General Assem- bly pass’d in the same Year, entituled, an Act for the Currency of Bills of Crédit, for Ten Thousand ounces of Plate, or Fourteen thousand five hundred forty five Lyon Dollars, any thing in those Acts, or any other Law or Statute to the Contrary hereof, in any wise notwithstanding. AND BE IT hereby declar’d and Enacted by the same Author- ity, That Col. Abraham De Peyster, Treasurer of this Colony, and every Treasurer of this Colony, for the time being, is and always shall be Oblig’d & Lyable to render and give accot of ail publick Levys coming to his or their hands, to the Govern’r Councill and Assembly when Sitting and requiring the Same. [CHAPTER 223.] [Chapter 223, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford’s 1715 ed., p. 84. The act is not in Baskeit.] An Act to enable the Precincts of Islip, in the County of Suffolk, to Elect two Assess- ors, a Collector, Constable and Supervisor. ^ [Passed, November 25, 1710.] BE it Enacted by the Governour, Councill and Assembly, and by the Authority of the same, That from and after the Publica- tion of this Act, it shall and may be Lawful for the InhabitanteLAWS OF THE COLONY OF NEW YORK. 723 of the Districts & Precincts of Islip, in the County of Suffolk, on the South side of Long Island, from the Westermost Limits of the Land of Thomas Willets, to the Eastermost part of the Lands of William Nicoll, near Blew Point, and they are hereby Impow- er’d & required Annually to Elect & Choose, among them, two Assessors and a Collector, to Assess and Collect such Taxes as shall be now or hereafter laid or Impos’d on them, & a Constable and Supervisor, for keeping the Peace & Auditing their Publick Accounts,at the usual time the County of Suffolkhath ôr shall do. THE THIRTEENTH ASSEMBLY. Second Session• (No acts were passed at this session.) THE FOURTEENTH ASSEMBLY. First Session. (Begun July 2,1711,10 Anne, Robert Hunter, Governor.) [CHAPTER 224.] [Chapter 224, of Livingston & Smith and Yan Schaack, where the title only is printed, Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 133.] An Act for raising fforces to assist in the Expédition to Canada. [Passed, July 11, 1711.] BE IT Enacted by the Governour Council and General Assem- bly and by the Authority of the Same, That Six hundred Men including their proper Officers shall be raised in this Colony, One hundred whereof by His Excellencies Leave are to be Palatines, One hundred and fifty thereof to be Native Indians, to be ready to Embark for Albany at such time and place the Governour shall direct, in Order to march on the Expédition to Canada, which Men shall be Levyed in the manner following Yizt: From the City of New York — Five and fifty Men. The City and County of Albany — Fifty Men. The County of Ulster — Thirty Men. The County of Suffolk—Sixty Men. Queens County — One and Sixty Men. The County of Richmond — Sixteen Men. The County of West Chester — One and thirty Men.724 LAWS OF THE COLONY OF NEW YORK. Kings County — One and twenty Men. The County of Orange — Three Men. Dutches’s County — Six Men. And there be also appointed by His Excellency one Colonell, a Major, an Adjutant, a Chaplain, eight Lieutenants from Europe, three- Surgeons, two Captains and four Lieutenants to the Pala- tines. For the more effectuai raising the said Men according to the Quota’s and Proportions herein express’d. BE IT ENACTED by the Authority aforesaid, That the Colonell of Each respective City or County, or the next chief-Command- ing Officer for the Counties where there is no Colonell, shall and are hereby required, impowered and Commanded immediately after the Publication of of this Act to Issue their Orders to the respec- tive Captains or other Commission-Officer both of Horse and Foot in their respective County’s, requiring them to Issue forth their Orders to their Serjeants or Corporals to Warn ail the male Inhabitants Residents and Sojourners in Each respective City, Town and Mannor, where they belong, that are listed or liable to be listed in the Militia of Horse and Foot, to appear at such a certain time and place as the respective Captains or other Officer shall appoint within the Time above limited, which said Cap- tains are hereby required then and there to take an exact List of ail and every the names of the appearers, and the person or per- sons so refusing or neglecting to make his appearance as above- said shall forfeit and pay to their respective Captain Six Pound Current Money of this Colony to be imployed and paid equally among such person or persons that shall go upon the said Expé- dition out of each Company respectively and to be levied by Warrant under the Hand and Seal of the Captains of the said Company’s under which the said Defaulters properly belong or are listed, directed to any Serjeant of that Company, who is hereby required to Exécuté and Levy the said forfeiture on the Goods and Chattles of ail and every such offendor or offendors; And in Case such Serjeant or Serjeants shall neglect or refuse to execute the said Warrant, he or they shall forfeit respectively for each offence the Sum of Ten pounds Current money aforesaid, to be levied and applied as aforesaid, and where no effeets of the person or persons refusing or neglecting to appear as aforesaid can be found, he or they shall suffer Six Moneths Imprisonment, there to remain without Baile or Mainprize, untill he or they shall pay or Satisfie the said forfeiture.LAWS OF THE COLONY OF NEW YORK. 725 AND BE IT further Enacted by the Authority aforesaid, That for the more equal detaching the Men hereby appointed to go on the said Expédition, [the Captain or other Officers shall and are hereby impowered respectively to Detach and Return to his Colonell or other Cheif Commanding Officer his equall Quota or proportion as shall be appointed by the said Colonell or Cheif Commanding Officer out of his said Company to go upon the said Expédition] to Canada, and those whom the said Captain or other Officer shall return so to go shall be paid and allowed eighteen pence per Day and their pro- visions to be duly paid to them their Executors or Administrators from the Time they are detach’d, not exceeding one hundred Days; And for the Encouragement of persons to list themselves as private Centinels to go on the said Service shall be punctually paid the Sum of Three Pounds and be allowed as aforesaid, to be paid to them, and every Volunteer in each respective Company shall be esteemed and taken as part of the Quota of Such Company. AND BE IT further Enacted by the Authority aforesaid, That such person or persons that shall be returned by the Captain or other Officer as aforesaid to go, shall deny or delay to go on the said Expédition, or neglect or refuse to find and provide such an able and effective Man as the Captain he is to go under shall approve and accept of, shall forfeit and pav Twenty Pounds Current Money of this Colony, to be immediately levied by distress and Sale of his and their Goods and Chattels by Warrant as aforesaid, to be paid to such person as will voluntarily go in the stead of any person refus- ing to go as aforesaid, and where no effects can be found, the person and persons so offending shall be committed to Jaile there to remain untill he or they shall pay or Satisfy the Penalty aforesaid, which the Sheriff of every respective County shall and is hereby required toi take into his Custody and keep close Prisoners during the said time of Six Moneths. AND BE IT Enacted by the same Authority, That ail and every person or persons as aforesaid which are absented or gone out of the Colony or are absconded from their Abode or Habitation, so that the Serjeant or Corporall Going to their Abode in Order to Give them Notice of their appearing, shall be respectively liable to the forfeiture of Six pounds as aforesaid, to be paid and applied as aforesaid, Ail which fforfeitures being distrained by the said Serjeants or Cor- poralls of the Troops shall be exposed to Sale by way of publick Outcry, the fforfeitures and charges thereof being paid and Satis- ïïed, the overplus shall be returned to the Owner.726 LAWS OF THE COLONY OF NEW YORK. AND BE IT further Enacted by the Authority aforesaid, That there shall be allowed Eighteen pence per Day Current Money of this Colony to so many Lieutenants arrived here from Europe as shall Serve in the fforces to be raised in the Colony of New York, during the Limitation aforesaid, AND BE IT further Enacted by the Authority aforesaid, That for as much as there are many persons in this Colony, who out of Scruple et Conscience refuse the bearing and use of Arms, ail and every such person and persons producing a Certificate from any two preachers of their respective Congrégations they usually frequent their profess- ing such Tenets for a whole Year or more before the first day of June last, shall not be liable to the said penalty of Six pounds for non-appearance, but nevertheless shall double their proportion of Taxes to other persons of like Estâtes chargeable by the Acts of General Assembly for any Sums to be raised towards defraying the Charge of the présent Expédition against Canada. AND BE IT further Enacted by the Authority aforesaid, That if any Commission Officer shall directly or indirectly take any Sum or Sums of Money or any other thing whatsoever for excusing any person or persons on going on the said Expédition, shall forfeit and pay the Sum of Fifty pounds Current Money aforesaid for each offence, to be recovered in any Court of Judicature in this Province, the one half thereof to the Informer that will Sue for the same, and the other half towards the Support of this Government. AND BE IT further Enacted by the Authority aforesaid, That ail and every the Male Inhabitants of any Mannor within this Colony that hâve not a Company shall forthwith list themselves undëfc their next adjacent Militia Ofïïcer under the penalty of for- feiting Six pounds as aforesaid to be levied and applied in manner as aforesaid. AND BE IT further Enacted by the Authority aforesaid, That one Captain and a Lieutenant to each Company to be raised as afore- said shall be of the respective Officers of the Militia or such other proper persons Inhabitants of this Colony in the Countys respectively where the fforces are to be raised as his Excellency shall think fit to appoint AND be it Enacted by the same Authority, That the Treasurer of this Colony shall take immediately effectuai Care, That the severa'l and respective Captains of the Several Companys in this plantation may hâve and receive out of the publick Moneys in the Treasury not already appropriated such Sum and Sums of Money as shall be sufficient to pay and reward the Volunteers, who shallLAWS OF THE COLONY OF NEW YORK. 727 liât themselves for this Expédition, the Incouragement provided and allowed by this Act and that the Receipt of the respective Captains shall be a sufficient Discharge to the Treasurer for the Moneys paid pursuant to this Act. [CHAPTER 225.] [Chapter 225, of Livingston & Smith and Yan Schaack, where the title only is prlnted. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 133.] An Act to appoint Commissioners topur- cliase Provisions and other necessarys for the Expédition to reduce Canada. [Passed, July 26, 1711.] BE IT Enacted by the Governour Council and Assembly and by the Authoritv of the same, That Capt. Robert Walters, Coll. Robert Lurting and Capt. John De Peyster are hereby appointed Commis- sioners or Agents to purchase and procure Provisions and other necessarys, for victualling the forces to be rais’d in this Colony and transporting them and other necessarys to Canada, which said Commissioners or one or more of them shall hâve power and are hereby fully authorized if occasion require to break open and Search ail Houses Ships or Vessels or any other place they shall think fit, for the finding and procuring such Provisions and necessarys they shall want for the said Expédition, and call to their Assistance, Aid and Command any Constable or Constables Sheriff or Sheriffs or any other publick Officer, to take Seize upon and Impress on Land or Water, ail or any provisions they shall find necessary for the Expédition aforesaid, As also Men Horses Carts Waggons Boats Canoës and other Vessels or Carriages for transportation of the same by Land or by Water, and pay such reasonable rates and prices they shall think équitable, for any Labour Provision or hire of Men, Horses and Carts, Waggons and Vessels for Transportation which shall be so taken and Seized as aforesaid, and such Officer or Officers or other person or persons that refuse or deny their Aid and Assist- ance to the said Commissioners When required shall be by them or any twTo of them Committed to the common Jail there to remain three Moneths without Bail or Mainprize for every such Offence, and the Sheriff of the City and County of New York and keeper of the Jaile are hereby directed required and authorized to receive and keep in close Custody ail and every such Offendor or Offendors. Provided the said Provisions shall not exceed the prizes following,728 LAWS OF THE COLONY OF NEW YORK. vizt. Good firm Pork well saved eack Barrel Thirty one Gallons and one half Three pounds and Ten shillings, other Pork in propor- tion to Goodness and Gage of the Barrel to be valued by the said Commissioners. Pease five shillings per Bnshel. Bacon Eight pence per pound. Buttock Beef smoaked Seven pence per pound, Cheese Six pence per pound, Indian Corn two shillings and six pence per Bushel, well baked Bisquet made of Meal as cornes from the mill with ail the ffiower, the Brand only taken out without mixture of Cornell, Seventeen shillings and six pence per hun- dered, and Rum at three shillings and six pence per gallon. ANI) BE IT further Enacted by the Authority aforesaid, That for the payment of the said Provisions Materials and other Expences the said Commissioners shall be at, they are hereby required and impowered to draw their Warrants on the Treasurer of this Colony for the Time being, Expressing in every of them, to whom, for what Service, or for what Materials, in about or relating to the said Expé- dition, which said Warrants the said Treasurer is hereby required andenabled to pay and shall bea good and sufficient Discharge for so much express’d in the said Warrants to be paid by him pursuant to and by virtue of this Act. And the said Commissioners are hereby required impowered and directed to Transmitt and send to the Commissioners hereinafter named for the Citty of Albany ail such provisions and other necessarys as they in their Discrétions shall judge requisite and sufficient for the better and more effectuai carrying on and effecting the Services and attaining the Ends intended by this Act. AND BE IT further Enacted by the Authority aforesaid, That Capt. Peter van Brugh and Mr. Hendrick Hansen are hereby appointed Commissioners at Albany for the receiving and taking care of the Provisions and other necessarys for the fforces rais’d in this Colony, there, and the necessary transportation of the same and the Delivery thereof, to the severall Captains of the Companys for the use of the Men respectively under their Commands ; And for the better effecting and performing the same Service the said Com- missioners at Albany shall hâve the like powers and authoritys the Commissioners in New York are Clothed with ail by virtue of this Act, As also for the procuring and purchasing such provisions and other’necessarys for the better Support and accomodating the fforces to be rais’d in this Colony for the Expédition aforesaid as the Com- missioners herein appointed for New York shall not be able to pro- vide and procure there.LAWS OF THE COLONY OF NEW YORK. 729 [CHAPTER 226.] [Chapter 226, of Livingston and Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88. Printed in full in Baskett, p. 135.] An Act to Enable Thomas Whitehead to Sell and Dispose of some part of the Lands Devised to him by his father under the Limita- tion of a Generall Intaile. ' [Passed, July 26, 1711.] WHEREAS Thomas Whitehead Son of Daniell Whitehead Esqr. late of Jamaica in Queens County Deceased hath by his Pétition Set forth That his ffather Daniell Whitehead has by his Last Will and Testament beareing date ye Thirteenth day of November in the Yeare Seventeen hundred and Three Devised unto him and ye heires of his body lawfully to be begotten, and ye Revertion thereof for lack of such issue to his the said Daniells Son Jonathan Whitehead and ye heires of his body lawfully begotten or to be begotten and for lack of such Issue to ye next right heires of him the said Daniell White- head for ever Diverse Tracts of Land in Queens County (Containeing about Thirteene hundred Acres) but wholly Unimproved. To the Intent therefore that the said Thomas Whitehead may be Enabled to make Improvements upon the said Lands for the better- ing of ye said Estate. BE IT ENACTED by his Excellency ye Governour by and with ye Advice and Consent of ye Councill and Generall Assembly of this Colony of New York And by ye Authoritv of ye same That it shall and may be lawfull for him the said Thomas Whitehead to Aliéné Sell and Dispose in ffee Simple or otherwise of any part or parcell of the said Devised Lands with ye Appurtenances not Exceeding ye Quantitv of ffour hundred Acres Out of One or at most two Tracts or parcells of ye Lands Devised by yé Will afore- said, And that Such Sale Alienation and Disposition of him the said Thomas Whitehead to Such person or persons as shall purchase the same shall be as good Sufficient and Effectuall in the Law to ail Intents and purposes whatsoever as if the said Thomas Whitehead had at ye time of ye makeing of this Act a ffree Cleare and Absolute Estate in ffee Simple in and to ye same, Saveing ail Right of her Majesty her heires and Successors and of ail bodyes politick and Corporate and of ail other persons whatsoever Except the said 92730 LAWS OF THE COLONY OF NEW YORK. Thomas Whitehead and je heires of his bodj, and je said Jonathan Whitehead and je heires of his bodj and je heires .of the said Daniell Whitehead. [CHAPTER 227.] [Chapter 227, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 84. Title only is printed in Baskett, p. 133.] An Act for Levjing the Sum of Ten thou- sand Pounds. [Passed, July 26, 1711.] BE IT Enacted bj the Governour, Councill and General Assem- blj and bj the Authoritj of the sanie, That the Sum of Ten Thou- sand Pounds be and is herebj given and granted to Her Majestj Her Heirs and Successors be paid to and Issued bj the Treasurer of this Colonj for the Time being to be appljed for the pajment of such of the Six hundred Men of theMilitia of thisColonjappointed to Serve in the présent Expédition to Canada as shall appear on the return of the fforces, to hâve Served, and to and for no other Use, Intent and purpose whatsoever. That is to saj, A Colonel, Twentj shillings per Diem. A Major, Ten Shillings per Diem. A Chaplain, Eight Shillings per Diem, Ten Captains, Each Eight Shillings per Diem. Eight Lieutenants, Each four shillings per Diem. Nine Lieutenants from Europe, at Eighteen pence per Daj, New York Monej, additional paj, Each. Twentj Seven Serjeants, Each Two Shillings per Daj. Twentj seven Corporals, Each Eighteen pence per Daj. Ten Drummers, Each Eighteen pence per Daj. Three Chjrurgeons, Each Six Shillings per Daj. And three hundred fif tj one priva te Centinels, eighteen pence per Daj to Each, and Everj of them, One hundred and fiftj Indians at twelve pence per Daj, besides their provisions. AND BE IT further Enacted bj the Authoritj aforesaid, That a Muster Roll of the Names of ail the Yolunteers, expressing when listed, and of those Impressed, when detach’d, be Trans- mitted to the said Treasurer bj the principal Officer of the Militia of everj Citj and Countj, Signed bj him and the Officer that shall make Such Detachment or enter the Volunteers as afore- said, within a Moneth after such Listing or Detachment to remain with the said Treasurer for the better regulating the paj-LAWS OF THE COLONY OF NEW YORK. 731 ment of the fforces to Serve on this Expédition, under the penalty of five pounds on each Officer who shall make default herein to be reeovered by Action of Debt or Information in any of Her Majesties Courts within this Colony, the one half to Her Majesty to be paid to the Treasurer towards the Support of this Govern- ment, and the other half to the Informer who shall Sue for the same, And for the exact payment of the fforces to be rais’d for the same Service a Certificate of the Oaptains of the Service of the Men under their Commands respectively shall be a sufficient Warrant and discharge to the Treasurer for the payment of such Men, and that a certificate of Capt. Peter van Brugh and Mr. Hendrick Hansen or either of them the Commissioners at Albany for the receiving and taking Care of the provisions and other necessarys for the fforces raised in this Colony there of the Service of any Commission Officer on the same Service shall be a Discharge for payment of those Officers according to the meaning of this Act, which said Certificates the said Captains are hereby required and enjoyned to give in manner before expressed. AND BE IT further Enacted by the Authority aforesaid, That the said Sum of Ten Thousand Pounds to be laid, Assess’d, raised and levyed upon the Estâtes real and personall of ail and every the Inhabitants, Residents, Sojourners and Freeholders of and in this Colony, to be paid to the Treasurer of this Colony for the Time being in manner following, That is to say, One Thousand pounds part thereof on or before the last Day of May which will be in the Year of our Lord One thousand seven hun- dred and fourteen; One thousand pound on the last Day of November then next ffollowing. One thousand pound on the last Day of May One thousand seven hundred and fifteen; One thou- sand pound on the last day of November then next following. One thousand pound on the last Day of May One thousand Seven hundred and Sixteen; One thousand pound on the last Day of November then next following. One thousand pound on or before the last Day of May One thousand seven hundred and seventeen; One thousand pound on the last Day of November then next following. One thousand pound more thereof on the last Day of May One thousand seven hundred and eighteen; And One thousand Pound more residue thereof at or before the last Day of November then next following, according to the Quota’s and pro- portions herein expressed, vizt. The City and County of New York, Two Thousand and Thirty pounds.732 LAWS OF THE COLONY OF NEW YORK. The City and County of Albany, Six hundred and Eighty pounds. Kings County, One thousand five hundred and seventy pounds. Queens County Two thousand pounds. The County of Suffolk, One Thousand eight hundred and thirty pounds. The County of Ulster, Seven hundred and fifty pounds. The County of West Chester, ffour hundred and twenty pounds. The County of Richmond, ffour hundred and eighty pounds. The County of Orange, One hundred and Ten pounds. Dutchess County, One hundred and thirty pounds. AND BE IT further Enacted by the Authority aforesaid, That the said Sum of Ten Thousand pounds sliall be Collected and paid in such manner and under such restrictions and Régulations, pains, penalties and forfeitures as are mentioned and expressed in an Act entitled an Act for Levying four thousand pounds made in the Eighth Year of Her présent Majesties Reign is Enacted, Declared, provided and Expressed to ail Intents Con- structions and purposes whatsoever, as if the same had been hereiu fully expressed and mentioned at large. [CHAPTER 228.] [Chapter 228, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 133.] An Act for the better Rewarding of Volunteers on the présent Expédition against Canada to be Levied in the City s of New York and Albany, and the pay of other OfiScers and Uses relating to the Same Expédition. [Passed, July 26, 1711.] BE 1T Enacted and it is hereby Enacted by His Excelleney the Governour Councill and Generall Assembly and by the Authority of the same That the Sum of Three hundred and forty pounds Current Money of New York be given and granted to Her Majesty Her Heirs and Successours for the Uses herein after Mentioned and to be assessed Collected and Levyed upon ail and every the ffreeholders Inhabitants Residents and Sojourners of and in the City and County of New York So that the same be paid unto the Treasurer of the saidLAWS OF THE COLONY OF NEW YORK. 733 City on or before the first Day of September for the paying of Six pounds Current Money of New York to every person and persons as shall yoluntarily list themselves or be Detached to make up the Number of Men to be Levied by the City of New York not exceeding fifty two over and aboyé ail other Encouragements and Allowance already granted by Law. And for the better more due and orderly Assessing rating leyying and Collecting the said Sum of three hundred and forty pounds. BE IT further Enacted by the Authority aforesaid That the Mayor and Aldermen of the City of New York or any three of the Aldermen Do immediately after the publication of this Act Assemble and meet together at such place as they shall think fit and then and there shall Direct and Order the Assessors and Collectors of the said City and County to Assess Collect and receive the Sum of Money before mentioned to be paid by the said City and County. AND BE IT further Enacted That the said Mayor and Alder- men or any three of the Aldermen hâve and shall hâve by yirtue of this Act full power and authority severally and respectiyely to administer an Oath to ail and eyery the Assessor and Assessors aforesaid in manner following yizt. That he or they shall well and truly exécuté and perform the said Office of Assessor and truly equally and impartially and in due proportion assess and rate the Estâtes of the ffreeholders Inhabitants Résidents and Sojourners of and in the said City and County according to Lhoir Skill and that therein they shall spare no person for ffavour or Affection nor grieye any one for hatred or ill Wil.l And the said Assessors or the Major part of them provided there be one at least out of each Ward are hereby required and authorized to meet and Conyene together and to rate and Assess each Ward in due proportion after one and the same method and mariner And the said Assessors and eyery of them are hereby required within the space of Ten Days after the publication of this Act to make their seyerall and respective Assessments aforesaid and also make true and perfect Copies of the Assessment So to be ma de by them as aforesaid and deliver them in Writing under their hands to the said Mayor and Aldermen or to three of the said Aldermen or to the Town Clerk of the said City which said Mayor and Aldermen or any three of the said Aldermen are hereby required immediately to cause the same to be collected and paid So that the same be paid to the Treasurer aforesaid on the Day aforesaid.734 LAWS OF THE COLONY OF NEW YORK. AND BE IT further Enacted That the said Mayor Aldermen Town Clark Assessors and Collectors are hereby respectively invested with ail the powers and Authoritys necessary for the Execution of this Act And shall also he liahle to ail such paines and forfeitures as are mentioned and exprest in and by an Act of the Generall Assembly of this Oolony Entituled An Act for Levying four thousand pounds passed in the Eighth Year of Her Majesties Reign. AND BE IT further Enacted That every Collector shall hâve and receive for his pains in the Colleçting and receiving of the Moneys arising by this Act out of the Moneys he shall so receive Six pence in the pound And that the Treasurer of the said City shall hâve and receive for his Care and Trouble therein One and a half per Cent out of the Moneys he shall so receive. AND BE IT further Enacted, That the said Treasurer upon the receipt of the Sum of Money aforesaid shall take immédiate Care That the severall and respective Captains of the severall Com- panys within the said City and Countv may hâve and receive such Sum and Sums of Money as shall be sufficient to pay to each person as shall List himself as Volunteer or be detached the said Sum of Six pounds aforesaid And the Receipt of the respec- tive Captains shall be a sufficient Discharge to the said Treasurer for the Moneys paid pursuant to this Act. AND BE IT further Enacted by the Authority aforesaid That the Justices of the Peace in the City and County of Albany or any five of them shall hâve the same power and Authority as above expressed on any time in the Moneth of August One thou- sand seven hundred and eleven to Issue out their Warrants to the severall Assessors and Collectors of the said City and County for the raising of One hundred and fourty one pounds on the ffree- holders Inhabitants Residents and Sojourners in the said City and County to be given and granted to Her Majesty Her Heirs and Successors, and to be paid unto the County Treasurer, to be paid for an Additional Advance Sum of Three pounds to each of the fourty seven Volunteers or Detached Men to be raised out of the Militia Régiment of the said City and County to serve on the présent Expédition to Canada, and also in like manner to raise the Sum of Eight pounds sixteen shillings and three pence being hine pence per pound to the Collector and six pence per pound to the said Treasurer which said Assessors and CollectorsLAWS OF THE COLONY OP NEW YORK. 735 sliall be liable to tke same pains and penalties as aboyé in tbis Act Expressed, any Law Usage or Custome to the Contrary notwithstanding. AND BE IT also Enacted by the Autbority aforesaid That tkere sliall be paid and allowed six Shillings per Day for an Ad jutant and four shillings per Day to a Quarter Master to the fforces that are to go out of this Colony on the présent Expédition out of the Money to be raised for publick Use And that the Reœipts of the Captains Commissionated to go on the Expédition or the Captains that shall list or detach the Men shall be a suffi- cient Discharge to the Treasurer for the Three pounds bounty money appointed to be paid to the Centinels raised or to be raised for this présent Service. And also That one Lieutenant at four Shillings per Diem be added to make up the Number of Lieutenants Eighteen. AND BE IT furtker Enacted by the same Authority, That, in Case of the Death or Absence of any of the Captains of the Com- panys raised out of this Colony to go on the said Service, the next Commanding Officer of such Company shall and is hereby impowered to give his Certificate to the Serjeants Corporals Drums and private Centinels of such Company for their pay on the Treasurer of the said Colony, as if such Captain was présent and alive. [CHAPTER 229.] [Chapter 229, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 134. Lxpired, November 1, 1713, See chapter 215. Further provided for by chapter 26h.] An Act for Continuing an Act Entitled An Act for laying an Excise on ail strong Liquors retailed in this Colony. [Passed, July 26, 1711.] BE IT Enacted by the Governour Council and Assembly and by the authority of the same, That one Act entituled An Act for laying an Excise on ail strong Liquors retailed in this Colony made in the Ninth Year of the Reign of Her présent Majesty and every Article and Clause therein Contained from and after the Expiration thereof shall be and Continue in force for the space of two Yearés, that is to say, from the first Day of Novem- ber one thousand seven hundred and eleven to the first Day of736 LAWS OF THE COLONY OF NEW YORK. November which will be in the Year of our Lord One thousand seven hundred and thirteen, to be lett the first Year on or before the first Day of Octobe’r now next ensueing, and the Second or last Year at or before the first Day of October Anno Domini One thousand seven hundred and twelve. [OHAPTER 230.] [Chapter 230, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88. Printed in fuli in . Baskett, p. 134. Expired November 1, 1713. See chapter 218.] An Act for the more effectuai putting in Execution an Act of Generall Assembly Entituled An Act for laying a Duty on the Tunnage of Yessels and Slaves. [Passed, July 26, 1711.] FOR the better and more effectuall Levying the Duty of Three pounds lay’d for every Negroe that shall be imported into this Colony not directly from Affrica, And Three pounds for every other Slave that shall not be directly imported into this Colony from his or her native Country. BE IT Enacted by the Governour Councill and Assembly and by the Authority of the same, That if within the space of Six Days after the Importation into this Colony of any such Negro or other Slave the Owner or Importer of any such Negro or other Slave shall not or do not pay to the Officer appointed to receive the same the Duty laid and required to be paid on Such Importa- tion as aforesaid, It shall and may be Lawfull to and for the said Officer by Virtue of this Act to take and Seize ail and every such Negro or other Slave, and him her or them to Secure and teep untill the said Duty be satisfy’d and fully paid, and if within three Days after such Seizure the Owner or Importers of such Negro or other Slave shall not pay and Satisfy the said Duty, it shall and may be Lawfull for the said Officer to Expose such Negro or other Slave to publick Sale to the highest bidder for the payment of the Duty aforesaid and Charge and Expence of keep- ing and Sale Returning the Overplus to the Owner or Importer, and every such Sale is hereby declared to be good valid and effectuai in the Law, as if the same were Contracted and made by the Importer or Owner of such Negro or Slave.LAWS OF THE COLONY OF NEW YORK. 737 AND BE IT further Enacted b y the Authority aforesald, That if any person or persons shall resist or abuse the said Officer in the Execution of His said Office, he or they shall loose and forfeit One hundred pounds Current Money of New York to be recovered in any Court of Record in this Colony by Account of Debt Bill plaint or Information, the one half thereof to be to Her Majesty Her Heirs and Successors to be paid to the Treasurer of this Colony for the Time being to be applyed towards the Support of this Government and the other half to him that will Sue for the same. AND BE IT further Enacted by the Authority aforesaid, That every Master or Commander of any Ship or Vessell shall within forty-eight hours after his or their arrivai within this Colony make Oath before the Mayor of the City of New York or any Jus- tice of Peace for the Time being what Number of Negros or other Slaves he or they hâve brought into this Province and to whom Consigned, and on his or their refusai to take su ch Oath shall forfeit and pay One hundred pounds Current Money of this Colony to be recovered and applyed as aforesaid. [CHAPTER 231.] [Chapter 231, of Livingston & Smith, where the act is printed in full. Chapter 231, of Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 86. Title only is printed in Baskett, p. 133. Expired, May 1, 1719.] An Act for the Currency of Bills of Crédit for Twenty five Thousand Ounces of Plate. [Passed, July 26, 1711.] BE IT Enacted by the Governour Council and General Assem- bly and by the Authority of the Same, That Bills of Crédit be made to the Value of Twenty five thousand Ounces of coined plate, and no more, which Bills shall be in manner following Vizt: This Indented Bill of...........of coin’d Plate due from the Colony of New York to the possessor thereof shall be in value equal to money and shall be accepted accordingly by the Treas- urer of this Colony for the Time being in ail publick pavments and for any Fund in the Treasury, Dated in New York the twentieth Day of July one thousand seven hundred and eleven by Order of the Governour Council and General Assembly of the said Colony. Which said Bills of Crédit shall be Signed by Capt. 93738 LAWS OF THE COLONY OF NEW YORK. Robert Walters, Coll: Robert Lurting, and Capt John De Peyster, who are hereby appointed and directed to Signe and deliver the said Bills to the Treasurer of this Colony for the Time being on or before the first day of September which shall be in the year of our Lord Seventeen handred and eleven to be by him paid to such Men as are and shall Serve in the présent Expédition to reduce Canada and otlier Charges and Expences attending the said Expédition and to Account to the Governour Council and Assembly of thfs Colony for the Time being of the Receipts and payments of the Bills hereby made Current when and as often as the said Treasurer shall be thereunto required, And the said Bills shall be received and taken for the same value and equal to the current Coyn passing in this Colony for Goods bought or Sold in any payments to be made for Debts that are due, or that shall be Contracted, And the tender of the said Bills for the payaient and Discharge of any Debt or Debts, Bargaines, Sales, Bonds, Mortgages and Specialties whatsoever, shall be as good and effectuai in the Law, to ail Intents, Constructions and purposes, as if the current Coyn of this Colony had been offered and tendred to any person or persons whatsoever, for the same or any part thereof. AND BE IT furtlier Enacted by the Authority aforesaid, That the said Bills of Crédit shall be printed and numbered, expressing in every of them the weight of Plate they shall be Current for, and to prevent Counterfeiting any of the said Bills they shalbe Dated and Indented on tlie top thereof, with the Arms of the City of New York stamp’d or printed on the right side thereon, towards the Bottom of every of the said Bills, and the Indent shall pair with and Suite a Counterpart thereof bound in a book for that purpose and Subscribed by the Parties herein appointed to do the same, to be kept by them, of the same Ténor and Date, and so like in Circumstances as possible may be, to such Bills of Crédit that are Issued and made Current in payment as aforesaid. Five hundred of the said Bills shall be for Twenty Ounces of Plate Each; Five hundred of the said Bills for Ten Ounces of Plate Each; One thousand of the same for Five Ounces Each; Five hundred of the same for two Ounces and a half Each; One Thopsand of the same for Two Ounces Each; One thousand of the same for an Ounce Each ; One thousand of the same for half an Ounce of Plate Each ; and One thousand of the same for one quar- ter of an Ounce of Plate Each; Provided always, That the saidLAWS OF THE COLONY OF NEW YORK. 739 Signors shall not Sign a gréa ter Number of the said Bills of Crédit than what shall amount to, or pass, or be Current, forjnore than twenty five thousand Ounces of Coined Plate, Nor the said Bills of Crédit be Current in payment after or longer than the first Day of May which will be in the Year of our Lord Seventeen hundred and nineteen. AND BE IT further Enacted by the same Authority, That the said Signors shall and are hereby recpiired to take an Oath before the Mayor of the City of New York for the Time being, for the true Signing and Delivery of the said Bills of Crédit as aforesaid aceording to the genuine Tntent and true Meaning of this Act. AND BE IT also Enacted by the same Authority, That the Ten thousand pounds to be raised by an Act Entituled An Act for raising the Sum of Ten thousand pounds passed this présent Sessions shall be paid to the said Treasurer in the said Bills of Crédit, by the Collectors thereof, and in no other Specie whatso- ever. And for the better and more effectuai Sinking and Can- celling the said Bills of Crédit as they are paid unto the Treas- urer, every Collector at the payment of the Taxes and Levys by virtue of the said Act shall and is hereby requir’d and oblig’d to endorse on the back of the Bills he shall respectively pay unto the Treasurer, pursuant to this Act, the Date of the payment so made, from which Time the said Bills so endorst shall be no further Current in this Colony, and every Collector neglecting or failing to make such Endorsement, or do the Duty required of him by this Act, shall forfeit and pay five pounds for every such Offence, the one half to our Soveraign Lady the Queen to be paid to the said Treasurer towards the Support of the Government, the other half to be to the Informer who shall Informe and Sue for the Same in any of the Courts of Justice in this Colony. AND BE IT Enacted also by the said Authority That such person or persons who shall be convicted of Counterfeiting any of the said Bills of Crédit shall incur the Pains and Penalties of felony without the benefit of Clergy and suffer accordingly. And every person or persons that Deny or refuse to take or receive any of the said Bills of Crédit shall forfeit and pay the one Eighth part of the Bill or Bills so deny’d or refus’d as afore- said, the one half to Her Majesty to be paid to the Treasurer towards the Support of this Government And the other half to the Informer that will Inform and Sue for the Same in any Court of Record in this Colony.740 LAWS OF THE COLONY OF NEW YORK. AND BE IT further Enacted by the Autkority aforesaid, That Lyon Dollars and half Dollars shall be received and be of equal value to thirteen pennyweight and Eighteen Grains of Coined Plate aforesaid for each Dollar. [CHAPTER 232.] [Chapter 232, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88. Title only is printed in Baskett, p. 136. See chapter 201. Revived by chapter 239. Livingston & Smith and Van Schaack, give the date of passage of this act as July 26, 1711, but from the Minutes of the Council and the original law it appears that the act was signed by the Governor August 4, 1711.] An Act for Reviving an Act Entituled An Act to prevent Selling or giving of Rum or other Strong liqnors to the Indians, and to prevent the Embezeling of Any of the Cloathing Arms or Accoutrements Sent by lier Majestÿ for the Service of the présent Expédition. [Passed, August 4, 1711.] WHEREAS an Act of the Assembly of this Province Made in the Eighth yeare of her Majestys Raigne Entituled An Act to prevent Selling or giving of Rum or Other Strong Liquors to the Indians was found Very bénéficiait for keeping the Indians in good Order and Discipline During the late Intended Expédition and the Like reasons now requiring it. Be it Enacted by the Governour Councill & Assembly and by the Authority of the Same that the aforementioned Act and Every Clause Article Matter and thing therein Contained Shall be and by the Authority Aforesaid is hereby revived And Con- tinued and Enacted to be in force from the ffifth day of August Next Ensueing unto the first day of November then Next follow- ing in as full and ample Manner as if the Same had been herein particularly Recited. AND be it further Enacted by the Authority Aforesaid that if any person or persons Shall buy receive or take to pawn any of the Cloathing Arms or Accoutrements Which her Majesty has Sent for the Service of the Présent Expédition against Canada he br they Shall forfiet and pay five times the Value thereof one half whereof to be to her Majesty her heires and Successors and the other half to the Person who shall Sue for the same toLAWS OF THE COLONY OF NEW YORK. 741 be recovered befole any two of her Majestys Justices of the Peace Que wliereof to be of the Quorum who are hereby required and Impowered to Lear and Détermine the Same. And in Case any Such Arms Cloathing or Accoutrements Shall be found in any Persons Possession Claiming or not Disclaiming property thereto unless the person or persons Actually in ye présent Service of their Assignes in Case of Death it shall be taken deemed and adjudged to be Part of those Sent by her Majesty for the Service of the Expédition aforesaid and the per- son or persons in whose Custody they Shall be so as aforesaid found Shall be lyable to the Penalty aforementioned and every person or persons being Convicted and Shall Neglect refuse or Delay to pay any penalty incurred by this Act or give Sufficient security to pay the Same in ten Days that then and in Such case it Shall and may be lawfull to and for the Justices aforesaid to Committ him or them to the Common Goal of the Citty Town or County where such person or persons Shall be Convicted there to remaine for three Months without Baile or Mainprise or untill he or they Shall pay the penalty for whicli they were Committed. [CHAPTER 233.] [Chapter 233, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradfords’s 1715 ed., p. 88; Baskett, p. 135. Livingston & Smith and Van Schaack, give the date of passage of this act as July 26, 1711, but from the Minutes of the Council and the original law, it appears that the act was signed by. the Governor August 4, 1711.] An Act for the Security & defence of this Colony during the Expédition to Canada. [Passed, August 4, 1711.] For the better & more Effectuai Securing & defending this Province during the présent Expédition Be it Enacted by the Govern’r Council and Assembly, That there shall be forthwith after the publication of this Act Erected & Set up one Beacon in the County of Richmond, neer the Nar- rows, one other Beacon in Kings County neer the Same Narrows, & one Beacon in Queens County at Rockaway on the most Emi- nent place there, & at each of these Beacons, there shall be planted a great Gun with powder to Charge, & Lighted Match to fire the same, & three of the Militia to be on duty day & night to watch & look out towards the sea, & on the sight of any742 LAWS OF THE COLONY OF NEW YORK. Beacon lighted, or the appearance of three skips or more & kear- ing any of tke said Guns fired one of tke Centinels in any of tne said Countys Shall on tke perceiving of any Beacon lighted, or hearing tke said great Gun fired, ligkt tke Beacon erected as aforesaid, & fire tke Said great Gun & one of w’ck Centinels Skall be and are required kereby fortkwitk to give notice to tke Comanding Officer of tkat County, wko is kereby required to Rendezyouse tke Militia of tkat County at Some Convenient place witk tkeir Arms and Accoutrements pursuant to an Act Entituled an Act for tke better Setling the Militia of tkis province & makeing it more usefull for tke Security & defence thereof and to Marck to Suck place & places as kis Excellency skall direct. And for tke more Expéditions alarming the Inhabitants of Long lsland one of the Men posted at any of the before men’coned Beaeons tkere, is kereby Commanded to ride post and give notice Immediately to tke next Commanding Officer in tke said Countys, and tke Commanding officer in Queens County isi kereby required on tke aforesaid Notice, to dispatck an Express to tke Commanding officer in Huntington in tke County of Suffolk, who is kereby required to dispatck tke Same forward to tke next Feild Officer, and Such Officer is kereby required Imme- diately to Command the Militia of that County to appear in Arms according to tke said Act, & forthwith Marck tkem to Such place or places as his Excellency skall order and direct. And be it further Enacted by the same Autkority, Tkat the Several and respective Captains or Commanding Officers of every Company of the respective Countys in tkis Colony Shall and are kereby obliged to muster and Exercise their distinct Companys in Arms once every fortnigkt, and the Commanding Officer is hereby required to make one General Muster of the wholl Régi- ment or Militia in every County once every Month, wkich Com- panys once every fortnight, and Régiments once every month Skall appear in Arms well Equipped pursuant to the said Act. And be it further Enacted by tke Authority aforesaid, Tkat ail persons tkat hâve bore any Military Office in tkis Colony & ail other persons whatsoever not yet Inlisted in the respective Cittys & Countys thereof Except the Members of her Maj’ties Council tke Clerk of the Council and the Ministers of the Gospel be and are hereby required to list themselves under Such Officer or offi- cers as are or shall be Commissionated by kis Excellency and toLAWS OF THE COLONY OF NEW YORK. 743 make tlieir appearance well Equipped according to the Act here- inbefore mentioned, and if any person or persons Shall refuse or neglect to list themselves within fourteen days after the publica- tion of this Act, every person so refusing or neglecting Shall forfeit the Sum of Six pounds Current money of this Province. And they and every of them hereby are and Shall be Obliged dur- ing the présent Expédition to Muster and appear in Arras when thereunto required by their respective officer or officers and in Case of Alarm to do and perforai ail Such Military Duty as any other persons now Actually in the Militia of this Colony are bound to do, and two thirds of the said Forfeitures shall be apply’d towards purchasing of Drums Colours & other neees- sarys for the said Company and Companys the other third to Such person or persons as shall give Information thereof to the Cap- taine or other Comanding Officer of the said Company which Capt or other Commanding officer is hereby Empowered and directed to Issue out his Warrant to any Serjeant to make dis- tress & Sale of the Goods and Chattles of Such person or persons as Shall refuse or neglect as aforesaid, returning the overplus (the Forfeiture and Charges first deducted) if any be to the owner. And be it further Enacted by the Same Authority that the charge and Expence of erecting and Continuing the said Beacons shall be born and defrayd by the Countvs respectively where they are to be Erected, that the Justices of the Peace or any three of them in those Countys respectively do Cause the Same Bea- cons to be Erected and made, according to the true meaning of this Act and that the Commanding officer of the Militia in Such Countys do take effectuai care that the Guards are duely and diligently kept in Manner before Expresst, and also that the Supervisors of each of those Countys respectively do raise a Competent Sum of money for defraying the Charge and Expence aforesaid to be paid into the respective Trea surers of those Countys and to be Issued by Warrant of Such Commanding Officer and that the payments thereupon Shall be to the Treas- urer a good discharge. And if any Such Commanding Officer Supervîsor Treasurer or Justice Shall neglect deny or delay to do and perforai the services required and directed by this Act, be shall forfeit and Loose five pounds, two thirds thereof to her Mat’y, and one third to him who Shall Inform and Sue for the Same, to be recovered in any of the Courts of Justice in this Colony, by Action of Debt, Bill, plaint or Information.744 LAWS OF THE COLONY OF NEW YORK. THE FOURTEENTH ASSEMBLY. Second Session. (Begun Oct. 2, 1711, 10 Anne, Robert Hunter, Governor.) [CHAPTER 234.] [Chapter 234, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 137. Livingston Smith State that the act was passed November 5, 1711, but from the Minutes of the Council and the original law, it appears that the act was signed by the Governor, October 5, 1711. (See «Tournais of Legislative Council, p. 322.)] An Act to authorize the Surviving Comm’rs for the Expédition to reduce Canada to Act & pursue the powers comitted to them as fully as if Captain John De Peyster dece’d were Still alive & to make provision in case of the Death! of any other of the Comm’rs. [Passed, October 5, 1711.] BE it Enacted by his Excellency the Gov’r by and with the advice & Consent of the Council and Assembly & by the Authority of the same, That Capt Bobert Walters & Col Robert Lurting the surviving Comm’rs appointed in an Act, entituled, an Act to appoint Comm’rs to purchase Provisions and other necessarys for the Expédition to reduce Canada, made in the tenth Year of Her présent Ma’ties Reign, & also the Surviving persons appointed & directed to sign and Deliver Bills of Crédit made Current in & by one other Act, entituled an Act for the Currency of Bills of Crédit for Twenty flve thousand ounces of Plate, pass’d in the same Tenth year of Her said Ma’tys Reign, shall and are hereby Impowered and authorized & required to do & performe ail and every Such matters and things comitted to, or appointed by them, to be done & performed, & as is Express’d in either or both of the Acts hereinbefore menconed, & that ail matters & things so by the said Robert Walters & Robert Lurting done & performed, shalbe of the same value force and effect, in as full & ample manner to ail purposes and Intents, as if Capt John De Pevster now lately dece’d, the other Comm’r & per son Impowered & mcn’coned in those Acts, were Still alive & had Acted pursuant to the said Acts.LAWS OF THE COLONY OF NEW YORK. 745 And be it further Enacted by the same Authority to prevent any Inconvenience may happen by the Death of either the'said Robert Walters or Robert Lurting, or of Oapt Peter Van Brugh or Mr. Hendrick Hansen Comm’rs at Albany, relating to the Same Expédition, the Surviving Comm’r respectively. shall hâve the same Powers and performe the same Service and Dutys as both of the said Comm’rs respectively should hâve & performe were they alive. [CHAPTER 235.] [Chapter 235, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 137. See chapter 213. Revived by chapter 258.] An Act reviving an Act entituled an Act for the better Setling the Militia of this Province & make it more Usefull for the Security & defence thereof. [Passed, November 24, 1711.] Be it Enacted by the Govern’r Council & Assembly & it is hereby Enacted by the Authority of the Same, That an Act, entituled, an Act for the better Setling the Militia of this Prov- ince & making it more Usefull for the Security and defence thereof, made in the first year of Her présent Maty’s Shalbe and is hereby Enacted by the Authority aforesaid, to be of force, for and untill the first day of November Seventeen hundred and Twelve and no longer. [CHAPTER 236.] [Chapter 236, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford’s 1715 ed., p. 88; Baskett, p. 136.] An Act to prevent the Impairing the Fortifications. [Passed, November 24, 1711.] Be it Enacted by the Governour, Council and Assembly & by the Authority of the same. That any Person or Persons, who shall be Convicted, by the Oath of one Crédible Witness, before any Justice of the Peace in this Colony, who is hereby authoriz’d and requir’d to hear and Détermine the same, of Demolishing, Spoiling or Impairing any part of the Fortifications, that now are, or hereafter shall be made and Erected, in this Colony, shall 94740 LAWS OF THE COLONY OF NEW YORK. suffer such punishment b y Fine or Imprisonment as to Such Jus- tice of the peace in his discrétion Shall appear proportionable to the offence. And be it further Enacted by the same Authority, That ail such Fines, which shall be Imposé and Levy’d by Virtue of this Act, shall be paid into the Treasurers of the Œtys and Countys respec- tively where such Fortifications are or shall be made or Erected and be dispos’d and apply’d towards the upholding and repair- ing the Fortifications respectively where such Offence shall be Comitted, & not otherwise. [CHAPTER 237.] [Chapter 237, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 136.] An Act for Raising Two Thousand Eight hundred and fifty five Ounces of Plate. [Passed, November 24, 1711.] BE IT ENACTED by the Governor Council and Assembly, and by the Authority of the same, That Two Thousand Eight Hundred and fifty five Ounces of Plate of the Spanish Coins of Sevill, Pillar, or Mexico, are hereby given and granted to Her Majesty Her Heirs and Successors for and towards the Defence of the Fron- tiers this Ensuing Winter, to be laid, Assessed, raised and Levy’d upon the Estâtes Real and Personal of ail and every the Inhabi- tants, Residents, Sojourners and Freeholders of and in this Colony to be paid to the Treasurer of this Colony on or before the twenty flfth Day of March now next following according to the Quota’s and Proportions herein Expressed — Vizt. The City and County of New York, Six hundred and fifty Ounces. The City and County of Albany — Two hundred and Two Ounces and a half. Kings County — Three hundred Ounces — Queens County — Five hundred and Seven Ounces and a half — The County of Suffolk — Five hundred and Seven Ounces and a half — The County of Ulster—Two hundred thirty seven Ounces and a half— The County of West Chester — Two hundred and Ten ounces —LÀWS OF THE COLONY OF NEW YORK. 747 The County of Richmond — One hundred and Fourty Ounces. The County of Orange — Fourty five Ounces — Dutchess County — Fifty five Ounces. AND BE IT Enacted by the Same Authority, That, for the better Assessing, raising, Collecting and receiving the said Two Thousand Eight hundred fifty five Ounces of Plate, the Mayor the Aldermen of the City of New York, the Mayor and Alder- raen of the City of Albany, and the Justices of the Peace for the Time being, for the several and respective Cities and Counties within this Colony, for which they shall be Justices of the Peace, do within fourty Days after the Publication hereof Assemble and meet together in the Court-houses for the several and respective Cities and Countys, or such other place or places as they shall agréé among themselves, and there shall Order, that the Assessors and Collectors for the severall and respective Cities, Towns, Mannors, Liberties and Precincts within their Several Jurisdictions, for the Assessing and Collecting of the publick Rates for the defraying the publick and necessary Charge of each respective City and County aforesaid, be the Assessors and Collectors for the Assessing and Collecting the said Two thousand Eight hundred fifty five Ounces of Plate, according to the proportions before expressed in like manner as the publick Rates are usually laid, assessed and collected. AND in Case any Mannor, Town, Liberty or Precinct within the respective Countys do or shall refuse, neglect, omitt, or not annually elect or once in the yeare chuse Assessors or Collectors, whereby the Intent of this Act may be eluded, or that the Assess- ors or Collectors Chosen, as aforesaid, shall dye, remove out of any City or County, IT IS HEREBY ENACTED by the said Authority, That then and in such Case, the Justices of the Peace, or any two of them, for the County, where such Towns, Mannors, Liberties or Precincts are, are hereby required, impowered and Authorized to nominate and appoint Assessors and Collectors for such Towns, Mannors, Liberties and Precincts, which Assess- ors and Collectors shall, to ail intents and purposes, observe the Directions of this Act, as any other Assessors and Collectors are by this Act obliged and enjoyned to do. AND if any Assessors, chosen, or nominated and appointed in manner and form aforesaid, shall unequally and partially assess any Persons Estate, to be rated and tax’d by Virtue of this Act, and shall thereof be Convicted by the due Course of Law, such748 LAWS OF THE COLONY OF NEW YORK. Assessor and Assessors shall be committed to the common Goal, there to remain without Bail or Mainprize, untill he or they shall üne and Ransom for such their Offence, the one half of such fîmes to be to Her Majesty, Her Heirs and Successors, to be paid to the Treasurer of this Colony for the Time being, to be disposed as the Governour Council and Assembly shall think fit, and the other half to the Informer that shall prosecute the same. AND BE IT further Enacted by the Authority aforesaid, That the said Mayors, Aldermen and Justices of the Peace for the respective Cities and Counties hâve, and shall hâve Power and Authority by Virtue of this Act, and are required, any two or more of them, or each of them by himself, to administer an Oath to the said Assessors, any or every of them, well, truly, equally and impartially, and in due proportion, as it shall appear to them, according to their best understanding, to assess and rate the Inhabitants, Sojourners, Residents and Freeholders of the respec- tive places for which they shall be chosen Assessors. AND BE IT further Enacted by the Authority aforesaid, That, if any person or persons, who shall be chosen Assessors or Col- lectors, in manner aforesaid, shall deny, neglect or refuse to make such Assessment, as by this Act is required, or shall deny, neglect or refuse to collect any Sum or Sums of Money, in form before mentioned, laid, tax’d and assessed, and thereof be convict before any two Justices of the Peace of the Cities and Counties where such Offenders shall happen to dwell, or résidé, (who are hereby required and impowered to hear, détermine and Do the same) shall by War- rants under the hands and Seales of such Two Justices of the Peace be Committed to the Common Goal, there to remain with- out Bail or Mainprize, till he or they shall fine and Ransom for such Contempt, to be paid in, and disposed in manner aforesaid. And if any person or persons, of what Degree or Quality soever, within this Colony, shall refuse, neglect or delay to pay the several Sum and Sums of Money assessed, in manner aforesaid, upon Demand made by the Collector, and non-payment thereof, the Collector shall and may distrain such person or persons, so refusing, delaying or neglecting, his or their Goods and Chattels, and the Distress So taken to keep by the Spaee of four Days at the Cost and Charges of the Owner thereof, and if the Owner do not pay the said Sum or Sums of Money, so distrained for, within the said four Days; then the said Distress to be publickly sold byLAWS OF THE COLONY OF NEW YORK. 749 the Collectors for the payment of the said Money, and the over- plus coming by the said Sale (if any there be) over and aboŸe. the Charge of taking, keeping and Selling the said Distress, to be restored to the Owner thereof. AND BE IT further Enacted by the same Authority, That there shall be allowed out of the said Two Thousand Eight hundred fifty five Ounces of plate Three and three Quarters per Cent to the respective Collectors and Two and a half per Cent to the said Treasurer. AND BE IT further Enacted by the Authority aforesaid, That the said Two Thousand Eight hundred fifty five Ounces of Plate may be paid unto the Treasurer in such plate as aforesaid, Lyon Dollars and half Dollars Equall to thirteen pennyweight and Eighteen Grains of Sevill, Pillar and Mexico plate, as aforesaid, for each Dollar, or in any Bills of Crédit made Currant by Act of Assembly in this Colony. AND ALSO, Be it Enacted by the same Authority, That, if any Mayor, Aldermen or Justice of the Peace within this Colony, who are hereby required, impowered and authorized, to take effectuai Care, That this Act, be duly executed, according to the true intent and meaning thereof, shall deny, refuse, neglect or delay to do, perform and execute ail or any of the powers, Dutys and Authori- ties by this Act required by him or them to be done, and shall tbereof be lawfully convict before any of Her Majesties Courts of Record within this Colony, he or they shall suffer such pains, by ffines and Imprisonment, as by the Discrétion of the Justices of the said Court shall be adjudged, to be sued for paid and applyed as aforesaid. AND BE IT further Enacted by the Authority aforesaid, That if any Action, Bill, Plaint, Information or Indictement shall be brought, moved or prosecuted at any time hereafter against any person or persons, for any matter, cause or thing done or executed in pursuance or execution of this Act, such person or persons so sued or prosecuted in any Court whatsoever, shall and may plead the General Issue, NOT Guilty, and give this Act, and the spécial matter in Evidence, and if the Plaintiff or Prosecutor shall be non-suited, or forbear further prosecution, suffer Discon- tinuance, or Verdict pass against him, the Défendant or Défend- ants, shall hâve treble Costs, for which they shall hâve like Remedy, as in case where Costs by Law are Given to Défendants. PROVIDED always, That no Mayor, Alderman nor Justices of750 LAWS OF THE COLONY OF NEW YORK. the Peace, shall be Sued, prosecuted, troubled or molested for any Omission, Offence, Neglect or Mistake of or against this Act, but within the space of one Year after such omission, Neglect or Mia- take committed, and not at any time hereafter, any thing herein contained to the Contrary notwithstanding. rCHAPTER 238.] [Chapter 238, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 137.] An Act for the Treasurers paying Three thousand seven hundred and fifty Ounces of plate to His Excellency. [Passed, November 24, 1711.] BE IT ENACTED by the Governour Council and Generall Assembly and by the Authority of the same, That the Treasurer of this Colony shall pay to His Excellency or His Order the Sum of Three thousand seven hundred and fifty Ounces of good Coined plate of Sevill, pillar and Mexico, Lyon Dollars or half Dollars at thirteen pennyweight and eighteen Grains for each Dollar, of Bills of Crédit ruade Current in this Colony. Five hundred Ounces of said plate part thereof to be towards repairing the Fortifications at Albany and Schonectady, and Three thousand two hundred and fifty Ounces of plate, as aforesaid, residue thereof, for the Support and payment of one hundred and fifty Men, their Ofâcers included, towards the Defence of the Fronteers in or about Albany this Ensuing Winter. AND BE IT further Enacted by the Authority aforesaid, That One thousand two hundred and fifty Ounces of said plate, part thereof, be paid to His Excellency or His Order, immediately after the publication hereof, out of the Money raised by an Act passed this présent Year Entituled an Act for Levying the Sum of Ten thousand pounds; And Two thousand five hundred Ounces More, residue thereof, to be paid to His Excellency or His Order on or before the thirtieth Day of March next Ensuing out of the Money to be raised by one Act passed this présent Sessions of Assembly Entituled an Act for raising Two thousand Eight hundred fifty five Ounces of plate.LAWS OF THE COLONY OF NEW YORK. 751 [CHAPTER 239.] [Chapter 239, of Livingston & Smith and Yan Schaack, where th'e title only is printed. Title only is printèd in Bradford’s 1715 ed., p. 88; Baskett, p. 136. See chapter 232. Revived by chapter 244.] An Act for reviving an Act, entitnled, an Act to prevent the Selling or giving of Rum or other Stropg Liquors to the Indians in the County of Albany. [Passed, November 24, 1711.] BE it Enacted by the Governour Council & Asembly and by the authority of the Same, That one Act entituled, an Act, to prevent Selling or Giving of Rum or other Strong Liquors to the Indians in the County of Albany, made in the Eighth Year of Her Mat’ys Reign, expired by its own Limittation, and every Article, Clause, Condition and Proviso therein Contained, shall be and is hereby Enacted by the Authority aforesaid, to be of force untill the first day of May next, after the publication hereof, as if the same were herein particularly menconed and Expressed. [CHAPTER 240.] [Chapter 240, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 88; Baskett, p. 136.] An Act to oblige the Mannors in the County of West Chester to pay their Arrears of Taxes. [Passed, November 24, 1711.] BE IT ENACTED by the Governour Council and Assembly and by the Authority of the Same, That the Assessors and Collecter of the next adjacent Town to any Mannor or precinct within the County of West Chester, who do not, or refuse or neglect, to Choose and appoint Assessors and Collectors for Levving and receiving the publick Money raised by Acts of Assembly, shall and are hereby required, impowered and authorized, to Assess and Collect the County and Publick Taxes hereafter to be laid, as they are required to do in their respective Towns, and the Arreares of such Taxes now due, according to the Ténors and Directions, and under the same pains and penalties of the several Acts of Assembly, the said several Mannors and precincts are in Arrear and hâve not paid, And pay the said Arrears of Taxes,752 LAWS QF THE COLONY OF NEW YORK. so to be Collected, to the County Treasurer, and to the Treasurer of this Colony respectively within Six Moneths after the publi- cation hereof pursuant to the directions of said several Acts, to be apply’d as are therein mentioned. AND BE IT further Enacted by the same Authority, That the said Assessors and Collectors, or in Oase of their Death or removal, the Assessors and Collectors that shall be chosen or appointed, and every of them, shall hâve the same powers and Authorities, priviledges and Advantages for the putting this or any of tha said Severall Acts in Execution, and be lyable to and undergo the same pains, penalties and forfeitures, in Case of any Omission, neglect or abuse, as the Assessors and Collectors in any or ail the said Acts are endowed with, or are Subjected to, as if the same were particularly herein mentioned and Expressed. THE FOURTEENTH ASSEMBLY. Third Session. (Begun May 1, 1712, 11 Anne, Robert Hunter, Governor.) [CHAPTER 241.] [Chapter 241, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 154; Bassett, p. 139. Expired, June 6, 1722.] An Act to Encourage the making Lint- seed Oyle. [Passed, June 6, 1712.] WHERE AS John Van der Heul and John Rosevelt having set forth in their Peticon presented to the General Assembly, that by their Industry and greiat Charge they hâve Erected in the City of New York a Mill for Grinding Flaxseed and making Lint- seed oyle, and hâve therein pray’d that an Act may pass in their favour that no such Mills may be permitted, used or Erected in this Colony, for a certain terme but by their Heires or Assigns. For the Encouragem’t of others that may incline to advance or Project any other Manufacture in this Colony. BE it Enacted by the Governour Council and Assembly and by the Authority of the Same, That no Person or Persons whatsoever from and after the publication of this Act Shall or may Erect or make use of a Mill for Grinding Lintseed or Flaxseed to make oyle for publick sale or Market for and during the terme of Ten Years from the publication of this Act but the Said John Vander Heul and JohnLAWS OF THE COLONY OF NEW YORK. 753 Rosevelt and their Assigns to whom the Sole Benefit Proffit and advantage of making the said Oyle shall accrue and belong. And be it further Enacted by the Authority aforesaid, That Such person or persons as shall Erect or make any Mill to Grind Lintseed or Flaxseed for producing the said Oyle from and after the publication of this Act, whereby the true Intent and meaning thereof may be frustrated, shall forfeit and pay the Sum of Two hundred pounds, Current money of the Colony of New York, unto the Said John Vander Heul and John Rosevelt to be by them & their Assigns recovered in any Court of Record within the said Colony by Action of Debt. [CHAPTER 242.] [Chaptec* 242, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 151. Title only is printed in Baskett, p. 139.] An Act for paying Eight Thousand Twenty five Ounces of Plate to his Excellency. [Passed, June 6, 1712.] BE it Enacted by the Governour, Council and Assembly and by the Authority of the Same. That the Treasurer of this Colony shall pay to his Excellency Robert Hunter Esqr. the Governour of this Colony or his Assigns towards the Support of the Govern- ment from the Thirteenth day of June Seventeen hundred and ten, Eight thousand and Twenty five Ounces of Plate, of the Spanish Coins of Sevill, Pillar or Mexico, Lyon Dollars or half Dollars at Thirteen penny Weight and Eighteen Grains for each Dollar or in Bills of Crédit made Current in this Colony out of any Publick mony now in his Hands or that shall be by him received and the receipt of his Excellency or his Assigns, shall be To the said Treasurer a Sufficient Discharge for the Same. [CHAPTER 243.] rChapter 243, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 152 Title only is printed in Baskett, p. 140.] An Act for paying the Arrears due to the Forces late rais’d in the County of Suffolk for the Expédition against Canada in the Year one thousand seven hundred and nine. [Passed, June 26, 1712.] BE IT Enacted by his Excellency the Governour Council and General Assembly, and by the Authority of the Same, That 95754 LAWS OF THE COLONY OF NEW YORK. there be given and granted to Her Majesty Her Heirs and Suc- cessors, Eight hundred Ounces of plate of Sevill, Pillar and Mexico, and no more, to be laid, assessed, raised and levyed upon tlie Estâtes real and personal of ail and every the Inhabitants Residents Sojourners and Freeholders of and in the County of Suffolk within the Oolony of New York, to be paid to Capt. Samuel Mulford at or before the first Day of May One thousand seven hundred thirteen. AND BE IT further Enacted by the Authority aforesaid, that the said eight hundred ounces of plate shall be applyed for the payment of those men within that County Listed upon the Expé- dition to Canada in the Year one thousand seven hundred and nine, which remains yet unpaid for those several Days above three Moneths, and their passages from Albany and Incidentals, according to the Sumsi per Day allowed them in an Act made in the Eighth Year of Her Majesty’sReign for paying them for three Moneths And the said Capt. Samuel Mulford, without any iïee or Reward, shall pay or cause to be paid unto Each Man which was upon that Expédition at that time So mueh as shall be made appear to him to be due to them. And to render Account unto the Supervisors of the County aforesaid of the moneys soe by him to be paid, and the Remainder and Surplusage (if any shall be) of the said Money shall pay into the Treasury of.that County for the Use of the County aforesaid. AND BE IT further Enacted by the Same Authority, for the better Assessing, Raising, Colleeting and Receiving the said Eight hundred Ounces of Plate, the Supervisors shall Quota the same to the several Towns, Manors and precincts within the said County, And send a Duplicate of the same Quota to the Assessors of each Town, Manor and precinct, And the Assesors to give a List of their Assessment to the Collectors of the same Town, Manor, and precinct, where they are Assessors. AND BE IT further Enacted by the Authority aforesaid, That the Assessors and Collectors are hereby required to Assess and Collect the said Eight hundred Ounces of plate as abovesaid, and hâve such Allowance, and upon the pain and penalty in an Act for raising four thousand pounds, made in the Eighth Year of Her Majesty’s Reign. AND BE IT further Enacted by the Authority aforesaid, That Lyon Dollars & half Dollars shall be received of equal Value to thirteen pennyweisrht and eighteen Grains of plate aforesaid foi each Dollar, and Bills of Crédit according to their Currency.LAWS OF THE COLONY OF NEW YORK. 755 [OHAPTER 244.] [Chapter 244, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 152. Title only is printed in Baskett, p. 140. See chapters 210, 239. Expired, June 1, 1713. Further provided for, so far as selling liquor to Indians is con- cerned, by chapter 317.] An Act reviving an Act entituled an Act to prevent the Selling or giving of Rum or other Strong Liquors to the Indians in the County of Albany and for reviving an Act for the better Watching and guarding the City of Albany. [Passed, June 26, 1712.] Be it Enacted by the Govemour Council and Assembly and by the Authority of the same, That one Act entitnled an Act to prevent the Selling or Giving of Rum. or other Strong. Liquors to the Indians in the County of Albany, and an Act entituled an Act for the better Watching and Guarding the City of Albany made in the Eight Year of Her Mat’ys Reign expired by their own Limittation, and every Article Clause Condicon and pro- visoe in the said Acts contained shall be & are hereby Enacted by the Authority aforesaid to be of, & Continue in force until the first day of June next after the publication hereof as if the same were herein particularly Menconed & Expressed. [CHAPTER 245.] [Chapter 245, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 153. Title only is printed in Baskett, p. 140. Expired June 26, 1717. Revived by chapter 350.] An Act for prohibiting ail persons but John Parmiter and his Assigns to make Lamb black during the Space of ôve Yeares. [Passed, June 26, 1712.] WHEREAS John Parmiter having by his Pétition pray’d an Act may pass That no person may be permitted to make Lamb black in this Colony for a certain Term but him and his Assigns. BE IT Enacted by the Governour Council and Assembly and by the Authority of the same, That no person or persons whatsoever from and after the publication of this Act shall or may make Lamb black for publick Sale, for and during the term75G LAWS OF TSE COLONY OF NEW YORK. of five Years from the publication of this Act but the said John Parmiter and his Assigns. And such person or persons as shall make any Lamb black from and after the publication of this Act whereby the true meaning thereof may be frustrated shall forfeit the Sum of fifty pounds Current Money of New York unto the said John Parmiter or his Assigns to be recovered in any Court of Record within this Oolony by Action of Debt. PRO- VIDED always, and it is hereby further Enacted, That in Case the said John Parmiter or his Assigns Do within the said tenu of five yeares Neglect or Desist or Give over the making of the said Manufacture of Lamb black That then any other person may make the said Manufacture of Lamb black, without Incurring the Penalty mentioned in this Act, Any thing to the Contrary hereof in any ways notwithstanding. [CHAPTER 246 ] [Chapter 246, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 151. Title only is printed in Baskett, p. 140.] An Act for paying the Brittish Officers. [Passed, June 26,1712.] Be it Enacted by his Excellency the Governour Council and Assembly and by the Authority of the Same that the Treasurer of this Colony shall and is hereby required to pay to the Brittish Officers Sent by Her Mat’y to be, and who were, Imploy’d in the la te Expédition against Canda, Seven hundred Eighty Seven Ounces and one half of Plate, of Sivill, Pillar or Mexico, or in Bills of Crédit Current in this Colony. That is to Say, to every one of them or their Assigns, whose Dames are hereinafter men- tioned, Thirty Nine ounces and three Eighths of an Ounce of Such Plate or Bills of Cr.edit. The names of the said Brittish Officers being as followeth. William Mathews, William Hellen, Matthew Low, Thomas Garlands, James Dunbar, Andrew Nickel, William Moor, Alexander Blackbal, Edmund Blood, John Bennet, James Hall, Richard Kitchiner, Phillip Buchurst, Timothy Bagley, Samuel Babingtoune, Martin Groundman, Thomas Burnit, Walter Harris, William Wilkinson and Abraham Gee.LAWS OF THE COLONY OF NEW YORK. 757 [CHAPTER 247.] [Chapter 247, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 151. Title only is printed in Baskett, p. 140.] An Act for paying Fifteen hundred ounces of Plat© for Securing of th© Fronteers about Albany. [Passed, June 26,1712.] BE it Enacted by the Governour Council and Assembly and by the authority of the same. That the Treasurer of this Colony shall and is her©by required to pay, to Such of th© Commissioners for the Indian Affairs at Albany for th© time being as his Excel- lency under his hand shall direct Seven hundred and fifty ounces of Plate to be apply’d for Imploying Spyes and outscouts for Securing the Fronteers, on© hundred and fifty days, from the first day of this Instant June, and Seven hundred and fifty Ounces of Plate, more to the said Oommissioners or any five of them for paying an Account of Two hundred and One pounds thirteen shillings and Eleven pence half penny from th© Com- missioners of the Indian affairs at Albany disburst by them, and Several others, from the first day of March Seventeen hundred and Nine to the Twenty Sixth Day of August following, and for Outscouts that hâve Served last Winter in full discharge of ail Debts Claimes and Demands whatsoever relating to the publick Service due to, or made by, or of, the Said Oomm’rs or any from by and under them from the Eighteenth day of May w’ch was in the Year of our Lord One thousand Seven hundred and Nine untill the first day of June in this présent Year of our Lord one thou- sand Seven hundred & twelve. THE FOURTEENTH ASSEMBLY. Fourth Session- (Begun Aug. 28,1712,11 Anne, Robert Hunter, Governor.) [CHAPTER 248.] [Chapter 248, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford’s 1712 ed., p. 155. Title only is printed in Baskett, p. 140.] An Act for paying the respective Dues in Arrear and to be Collected. [Passed, December 10, 1712.] BE IT Enacted by the Governour Councill and Assembly and by the Authority of the Same, That the Gollectors for the several758 LAWS OF THE COLONY OF NEW YORK. Countys, Citys, Towns, Mannors, Libertys, and Jurisdictions in this Colony, wlio were and hâve been at any time chosen and appointed to levy and collect ail or any part of the Taxes raised in this Colony since the twenty seventh Day of September which was in the Year One thonsand Seven hundred and Six untill the Publication of this Act or in Case of Death or removal the Collector or Collectors for the Time being shall and are hereby directed required and impowered to levy and Collect the Arreares of ail or any part of the said Taxes according to the then several Assessments thereof made of and from the several and respective persons in the several and respective Countys, Towns, Mannors, Libertys and Jurisdictions in this Colony chargeable therewith who hâve not paid ail or still are in Arrear for the said Taxes or any part thereof, and the Sums so levy’d and Collected with the Sums now remaining in any Collectors hands of any Assessment shall forthwith be paid to the Treasurer of this Colony for the Time being to be Issued and paid according to the Laws of this Plantation. AND BE IT further Enacted by the Authority aforesaid, That the said Collectors and every of them shall hâve the same powers and Authority s, Priviledges and Advantages for the putting this Act in Execution, and be lyable to and undergo the same pains and penaltys in case of any Omission, Neglect or Abuse as the Collectors in any or ail the Acts of General Assembly are invested with or lyable unto as if the same were specially and particularly and at large mentioned in this) Act. AND BE IT further Enacted by the Authority aforesaid, That the Arrears of the Excise and ail other the Taxes and Levys before exprest, due from the several Citys, Towns, Mannors, Bur- rows and Countys of this Colony be paid unto the said Treasurer within the Spaee of Six Moneths after the publication hereof under the penalty of Forfeiting double the Sum in Arrear by the person or persons making default contrary to the Intent of this Act, to be recovered by the Treasurer of this Colony, who is hereby required & authorized to Sue for the same by Action of Debt in any Court in this Colony, and to apply the same towards defraying the necessary Charge of the Colony, And that the said Treasurer defray and be allowed the Charge of such Suites out of the Colony’s Money in his hands. AND for as much as the better to colour the refusai to pay some of those Taxes Question has been made of the Legality ofLAWS OF THE COLONY OF NEW YORK. 759 the Acts passed during the Administration of Lieutenant Gover- nour Ingoldsby, on pretence, That the General Assembly, called by the late Lord Lovelace, were dissolved by his Death, contrary to the Essential reason of Asemblys and the constant Usage of this Colony, for the resolving ail such Doubts. BE IT Enacted by the Governour Council and Assembly, and IT IS hereby Declared and Enacted by the Authority of the Same, That the several Acts of Assembly hereafter mentioned past during the Administration of Lieut-Gov’r. Ingoldsby One Act Entituled an Act for Levying Six thousand pounds. AN ACT for the Currency of Bills of Crédit for five thousand pounds. AN ACT for Levying divers Sums of Money for defraying the Charge of this Colony. AN ACT for Levying a Duty on the Tonnage of Vessels and Slaves. AN ACT for Levying four thousand pounds. AN ACT for the Currency of Bills of Crédit for four thousand pounds. AN ACT for Levying Ten thousand Ounces of Plate or fourteen thousand ûve hundred forty five Lyon-Dollars.—And AN" ACT for the Currency of Bills of Crédit for Ten Thousand Ounces of Plate or fourteen thousand five hundred forty five Lyon-Dollars, made in the Eighth Year of Her Majesty’s Reign, always were Lawfull Acts of General Assembly and Laws of this Colony and still are in full vigour and force in the same (unless determined or expired by their own limitation) any doubt, ques- tion, Conceit, or Opinion to the Contrary hereof notwithstanding. AND BE IT further Enacted by the Authority aforesaid, That the Mayor and Aldermen of the City of New York, the Mayor and Aldermen of the City of Albany, and the Justices of the Peace for the time being for the Several and respective Citys and Countys within this Colony, for which they shall be Justices, of the Peace, do take effectuai Care and are hereby Impowered and required to cause this Act and every Clause matter and thing therein to be put in Execution according to the true Intent and meaning of this Act, under the penalty and forfeiture of twenty pounds Current Money Each, to be recovered by the Treasurer of this Colony in any Court of Justice within the same, to be paid and apply’d as aforesaid. AND BE IT further Enacted by the Authority aforesaid, That from henceforth no Mayor, Recorder or any of the Justices of the760 LAWS OF THE COLONY OF NEW YORK. Peace within this Colony shall be Assessors for any publick Money whatsoever to be Collected paid and received within this Colony. AND BE IT further Enacted by the Authority aforesaid, That the Commissioners for the late Expéditions against Canada at Albany do lay an Accompt of the Colonys Stores before this Ilouse at the beginning of the next Meeting of Assembly, after the first Day of March next ensuing under the penalty of one hundred pounds Each Commissioner to be recovered and apply’d as aforesaid. AND Be it further Enacted that the Justices of the peace of the severall respective Cities and Countys Shall within two Months after the publication of this Act Issue forth their War- rants to the severall and respective Collectors requireing them to bring in their Accounts to the said Justices of ail the Arreares of such Taxes and Excise Which said Justices shall Transmitt the said severall Accounts unto the said Treasurer with the name of each respective Colleector and their Abode upon the penalty of Tenn pounds for each neglect of any of the said Justices to be Recovered by the said Treasurer in any Court of Record of this Colony with double Costs of Suite. AND if it shall so happen, That the Arrears of Taxes Excises the Dutys upon Tonnage on Vessells and Slaves intended to be paid unto the Treasurer pursuant to this Act, shall, by Neglect or Default of the Treasurer, remain unpaid, contrary to the true Intent and Meaning of this Act, Then and in such case the Treas- urer shall be accountable for such Money in Arrears and unpaid as if the same had been actually paid into his hands. AND BE IT also Enacted by the same Authority, That in Case any Overplus of publick Taxes has been or shall be levy’d or shall or does remain in the hands of any of the Collectors of such pub- lick Taxes in this Colony or in any other person or persons hands whatsoever, the same shall be paid into the Treasury of the seve- ral Citys and Countys respectively to be disposed of as the Supervisors of the respective Countys shall direct for the Use of such Countys, And in Case of Neglect or Denval to do the same, an Action of Debt is hereby given to the Supervisors of each County respectively to recover the same from every person detain- ing such Overplus by them to be paid in and disposed as aforesaid.LAWS OF THE COLONY OF NEW YORK. 761 [OHAPTER 249.] [Chapter 249, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 161. Title only is printed in Baskett, p. 146.] An Act for the Treasurers paying Two hundred and ffifty Ounces of Plate To His Excellency, and that Coll Peter Schuylers Receipt shall discha'rge the Treasurer for one hnndred pounds formerly allowed him. [Passed, December 10, 1712.] BE IT Enacted by the Govemour Council and General Assem- bly and by the Authority of the Same, That the Treasurer of this Colony shall and is hereby required to pay in good plate of Se7il pillar and Mexico, Dollars and half Dollars equal to the value of thirteen pennyweight and eighteen Grains each Dollar, or Bills of Crédit of this Colony, the Value of Two hundred and ffifty Ounces of plate to His Excellency the Govemour, for paying such person or persons that were sent the last Summer to the Indians of the five Nations, to undeceive them of the ill Impres- sions they hâve received from the French, and engage them to a firm adhérence to their Covenants and promises to this Government. AND BE IT further Enacted by the Authority aforesaid, That the Receipt of Coll Peter Sehuvler shall be a sufficient discharge to the said Treasurer for one hundred pounds directed to be paid him by an Act Entituled an Act for Levying four thousand pounds made in the Eighth Year of Her Majesty’s Reign. [CHAPTER 250.] [Chapter 250, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 157. Baskett, p. 141. Explained by chapter 341. Repealed by chapter 560.] An Act for preventing Suppressing and punishing the Conspiracy and Insurrection of Negroes and other Slaves. [Passed, December 10, 1712.] BE IT Enacted by the Govemour Council and Assembly and by the Authority of the Same, That no person or persons here- after throughout this Colony, do présumé to Trade with any ,96762 LAWS OF THE COLON Y OF NEW îuRK. Slave, either in buying or Selling, without leave and consent of the Master or Mistress of such Slave, on penalty of fforfeiting triple the Value of the thing traded for, and the Sum of ffive pounds Current Money of New York to the Master or Mistress of such Slave, to be recovered of such person or persons so trading contrary to the true Intent of this Act by Action of Debt in any Court of Record within this Colony where such Sum or Sums is cognizable, and ail Contracts and Bargains made with any Slave contrary to the Intent of this Act, sha.ll be utterly void. AND BE IT further Enacted by the Authority aforesaid, That hereafter it shall and may be lawful for any Master or Mistress of such Slaves to punish their Slaves for their Crimes and Offences at Discrétion, not extending to Life or Member. AND for as much as the Number of Slaves in the Cities of New York and Albany, and also within the several Countys, Towns and Mannors within this Province doth daily increase, and that they hâve been found oftentimes guilty of confederating together, in running away, or other ill practices, BE IT therefore Enacted by the same Authority, That it shall not hereafter be lawful for above Three Slaves to meet together at any other Time nor at any other place than when it shall happen they meet in some servile Employaient for their Masters or Mistresses profit, or by their Masters or Mistresses Consent, upon penalty of being wThipt upon the naked back, at the Discrétion of any Justice of the Peace, not exceeding forty lashes. And that lit shall and may be lavrfull hereafter for any City or Towm and Mannors within this Colony to hâve and appoint a common Whipper for their Slaves, and for his Salarv it shall and mav be lawfull for any City or Towm within this Colony at their Common Council or Town-meet- ing to agréé upon such Sum to be paid him by the Master or Mistress of Slaves per head, as they shall think fit, not exceeding three shillings per head for ail such Slaves as shall be whipt as aforesaid. AND in Case any Slave shall présumé to assault or strike any Freeman or Woman, professing Christianitv, it shall be in the power of any two Justices of the Peace, who by this Act are hereunto Authorized, to inflict such corporal punishment (not extending to life or limb) upon him, her, or them, so offending, as to the said Justices shall seem meet and reasonable. AND BE it further Enacted by the Authority aforesaid, That no person or persons w^hatsoever Do hereafter imploy, harbour, conceal, or entertain other Men’s Slaves at their House, Out-LAWS OF THE COLONY OF NEW YORK. 763 house or Plantation without the Consent of their Master or Mistress either signify’d to them verbally or by Certiticate in Writing under the said Master’s or Mistresses hand upon for- feiture of five Pounds for every night or day they are so enter* tain’d and conceal’d to the said Master or Mistress of such Slave or Slaves, so that the penalty for entertaining such Slave do not exceed the value of ye said Slave. AND if any person or persons whatsoever shall be found guilty of harbouring, entertaining or concealing of any Slave, or assisting to the conveying them away, if Such Slave shall happen to be lost, dead, or otherways destroyed, such person or persons so harbouring, entertaining, con- cealing, assisting, or conveying of them away, shall be also liable to pay the value of such Slave to the Master or Mistress, to be recovered by Action of Debt in manner aforesiaid. AND WHEREAS it often happens, that through the Lenity of the said Master or Person, under whose Care the said Negros or other Slaves are, the persons so entertaining and dealing with them are forgiven and not brought to condigne punishment, to the very great hurt not only of the said Masters but of other Her Majesty’s liege people owning Negroes and other Slaves. Be IT therefore Enacted by the Authority aforesaid, That any Master or Mistress or person, under whose Care any Negro or other Slave is, that shall forgive, make up, compound, compromise or receive any other or less Considération than is by this Act prescribed, shall forfeit double the Sum the said person or persons enter- taining ought to hâve forfeited, to be recovered by Action of Debt Bill plaint or Information in any Court of Record within this Colony, wherein there shall be no Essoigne, protection, Wager of Law, or any more than one Imparlance allow’d, one half thereof to the person that shall Sue for the same, the other half to Her Majesty Her Heirs and Successors towards defraying the pub- lique Charge of the City, Town, County, Burrough, Mannor or precinct, in which the Master, Mistress or Owner of such Slave doth dwell or Inhabit, to be recovered by Action of Debt in any Court of Record ‘as aforesaid. BE IT also Enacted by the Authority aforesaid, That if any person or persons, knowing of such Entertainer of any Slave or Slaves, and dos not discover the same to the Master, Mistress or person Under whose care the said Slave or Slaves are, or to scme One Justice of the Peace, or being suspected to know, dos upon Complaint not discover the same, or upon Tender of an764 LAWS OF THE COLONY OF NEW YORK. .Oath by any Justice of the Peace before whom sucb Complaint shall corne, who is hereby authoriz’d to administer the same, shall refuse to take such Oath and purge himself, the said person so neglecting or refusing to discover or take the said Oath shall forfeit the Sum of Two Pounds to be immediately after convic- tion levied upon his goods and chattles to the use of the person or persons who shall inform or complain; And in Case there be no goods and chattles, then upon the body of the person offending who shall be committed to Ooale till he pay and satisfy the said Sum of forty shillings and charges accruing thereon. And if it afterwards appears, that any person or persons, who by this Act are oblig’d to purge themselves by their Oath, hâve swom falsly, such person so offending shall incurr the like pains and penalties as those who are guilty of willfull perjury, and be prosecuted accordingly. AND WHEREAS there aremany Negroes,Indians or Mallattos, who hâve been formerly manumitted and made free within this Colony by their Masters or owners, and it is found by Expérience, that they entertain, harbour, support and encourage Negro- Indian-and Mallatto Slaves, to the great détriment of the Masters of such Slaves, and of other Her Majesty’s liege Subjects within the said Colony; BE IT therefore Enacted by the Authority aforesaid, that if any Negro, Indian or Mallatto- made or born free or to be made free hereafter shall knowingly and wittingly enter- tain any Slave or Slaves absenting himself or themselves from his her or their Masters or Mistresses Service without leave flrst given and signified as aforesaid, or without the Master or person, under whose care the said Slave is, be présent, the said-Negro, Indian or Mallatto so offending shall be forthwith apprehended and forfeit the Sum of Ten pounds for every night or dav they are so entertain’d to the Master or Mistress of such Slave or Slaves to be recovered by action of Debt as aforesaid. BE IT further Enacted, that no Negro, Indian or Mallatto, that shall hereafter be made free, shall enjoy, hold or possess any Houses, Lands, Tenements or Hereditaments within this Colony, but the same shall Escheat to Her Majesty Her Heirs and Successors. AND Whereas it is found by Expérience, that the free Negroes of this Colony are an Idle slothfull people and prove very often a charge on the place where they are, BE IT therefore further Enacted by the Authority aforesaid, That any Master or Mistress,LAWS OF THE COLONY OF NEW YORK. 765 manumitting and setting at Liberty any Negro, Indian or Malatto Slave, /shall enter into sufficient Security unto her Majesty her heires and Successors with two Sureties not less than tbë Sum of Two hundred pounds, to pay Yearly and every Year to such Negro Indian or Mallatto Slave during their Lives the Sum of Twenty Pounds lawfull money of this Colony; AND if suc h Negro Indian or Mallatto Slave shall be made free by the Will or Testa- ment of any per son deceased, that then the Executors of such. person shall enter into Security as above immediately upon prov- ing the said Will or Testament, which if refused to be given, the said manumission to be void and of none effect. BE IT further Enacted by the Authority aforesaid, that ail and every Negro Indian or other Slave, wTho after the Publication of this Act shall murder or otherwise kill, unless by misadventure or in Execution of Justice, or conspire or attempt the Death of any of Her Majesty’s liege people, not being Slaves, or shall com- mitt or attempt any râpe on any of the said Subjects, or shall willfully burn any dwelling-house, barn, stable, out-house, stakes of Corn or Hay, or shall willfully mutilate, mayhem or dismember any of the said Subjects, not being Slaves as aforesaid, or shall willfully murder any Negro, Indian or Mallatto Slave within this Colony, and shall thereof be convicted before three or more of Her Majesty’s Justices of the Peace, one whereof to be of the Quorum, who are hereby authorized to hear and Détermine the same in Conjunction with five of the principal ffreeholders of the County wherein such fact shall be committed, without a Grand Jury, Seven of whom agreeing shall put their Judgment in Execution, according to this Act, or before any Court of Oyer and Terminer or General Goale delivery, he, she or they so offending shall suffer the pains of Death in such manner and with such circumstances as the aggravation or enormity of their Crimes in the Judgment of the Justices of those Courts aforesaid, or as in the judgment of Seven of the said Justices and ffreeholders they shall merit and require. BE IT hereby further Enacted, that upon Complaint made to any one Justice of the Peace against any Indian Negro or Malatto Slave or Slaves, who hâve or are suppos’d to hâve committed any of the Murders, Râpes, Mayhems, Insurrections, Conspiracies, mentioned in this Act, the said Justice is immediately to issue out his Warrant to the next Constable, to apprehend the said Offender or Offenders, and for ail or any person or persons to766 LAWS OF THE COLONY OF NEW YORK. corne before him, that eau give Evidence, and if upon Examina- tion it appears that the person or persons apprehended are guiltv, he shall committ him, her or them to prison, and also shall certify to the two next Justices of the Peace the said Cause, and to require them by Yirtue of this Act to associate themselves to him, which the said Justices are hereby required to do, and they so associated are to issue their Summons to five ffreeholders, acquainting them with the Cause and appointing them the time and place the same shall be heard and determined, and which time and place the Justices are hereby impowered to appoint some person to prosecute the said Offender or Offenders, and the person so appointed shall preferr an Accusation in Writing, specifying the time, place and nature of the offence as near as conveniently may be, to which Accusation the Offender or Offend- ers shall be obliged to plead, and, upon refusai to plead, the like Judgment shall be given against the person or persons so accus’d as if convict by Verdict or Confession, and upon pleading there- unto the Justices shall proceed to Tryall in conjunction wûth the said Freeholders so Summoned as aforesaid, to which ffreehold- ers no peremptory challange shall be allowed; And if upon hear- ing the Matter (the said ffreeholders being first sworn by the said Justices to Judge according to Evidence) they shall adjudge the Negro Indian or Mallatto Slave or Slaves guilty of the Offence complain’d of, they shall give Sentence of Death upon him her or them as aforesaid, and by their Warrant cause immédiate Execu- tion to be done by the common or any other Executioner in such manner as they shall think fit. PROVIDED always, and IT IS hereby further Enacted, that if any Master or Mistress of any Negro Indian or Mallatto Slave be inclin’d to hâve his or her Slave or Slaves try’d by a Jury of Twelve Men, it shall be granted such Master or Mistress, paying the Charge of the same, not exceeding the Sum of Nine Shillings to the Jury, then and in such Case there shall a precept be Issued by the Justices to the next Con- stable to Summon a Jury of Twelve Men, who shall be Sworn to try according to Evidence, and the Justices shall proceed to Tryall by the said Jury Summon’d and Sw^orne as aforesaid (without a Grand Jury) to which Jurors no peremptory challenge shall be allowed. AND BE IT further Enacted by the Authority aforesaid, that il shall not be lawfull for any Negroe, Indian or Mallatto Slave to hâve or use any Gun or Pistoll but in his Master’s or Mistresse’sLAWS OF THE COLONY OF NEW YORK. 767 presence or by their direction on penalty of being whipt for tbe same at the Discrétion of the Justice of the peace before whom such Complaint shall corne not exceeding twenty lashes on the bare back for every such Offence. AND BE IT further Enacted, That eyery Justice of the Peace, Constable, or other Officer, neglecting, delaying or refusing to ])erform their several Dutys enjoyn’d by this Act shall for every such Offence forfeit the Sum of Two pounds to Her Majesty Her Heirs and Successors to be recovered by Action of Debt in any Court of Record within this Colony, and Every ffreeholder Sum- mon’d as aforesaid and refusing to Serve shall forfeit the Sum of Twenty Shillings, to be levied by the Constable by WTarrant of Distresse from the Justices of the Peace Assembled to try the said Slave, who are hereby required immediately upon such refusall to Issue their Warrant for levying the same accordingly. AND BE IT further Enacted by the Authority aforesaid, That tbe Charge of prosecuting and Executing Negroes and Slaves in rnanner before expressed shall be paid and defray’d by the City or County where such Negroes or Slaves shall be Convicted and executed, and be laid, assessed and levyed in the same man- ner as the publick and necessary charge of such City or County are or used to be raised, and to be distributed by the order and direction of those hereby Impowered to hear and détermine the Crimes of such Negroes and Slaves offending as aforesaid, so as the said Charge shall not exceed the Summ of three pounds Current money of this Colony for each Conviction and Execution. AND BE IT also Enacted by the same Authority, That in the City and County of New York the Justices of the Peace do take effectuai care in Case such Conviction and Execution happen within their Jurisdiction that such Charge as abovesaid shall be raised and levy’d by the sworn Assessors of the said City and Collected by the Collectors and paid to the Treasurer of the City, who is required to pay the same by order and direction as above- said, and every person or persons refusing, neglecting or delaying to perform the Duty hereby required shall forfeit the Sum of Ten pounds Current Money aforesaid, to be recovered in manner as in this Act is before Expressed.768 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 251.] [Chapter 251, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 162; Baskett, p. 145. Livingston & Smith State that this act was confirmed by King George the First, October 24, 1717.] An Act to Enable William Anderson to Sell a Lott of Ground in Queen Street the E state of the said William in Right of Deborah his Wife deceased for the payment of Debts contracted by his said Wife before their Intermarriage. [Passed, December 10,1712.] WHEREAS Deborah the late Wife of William Anderson GentPn was in her Life time Seiz’d of a certain Lot of Land in Queen Street in the City of New York, bounded Easterly by the Ground late of Henry Brasier and Deirk van Cliffe deceased, North by the Ground of the said van Cliffe, To the West by the Ground of Abraham Moll and of Mattys Buckhout, and South by the Street, in her Demesne as of Fee, and being so Seiz’d, did, (while She was Sole) become Indebted to Several Persons in great Sums of Monev, after which the said William Anderson and Deborah did Intermarry and had Issue John Anderson and William Anderson now living being Infants under the Age of one and twenty Yeares. AND Whereas the said Deborah is lately deceased, whereby the said William hath an Estate in the said Lot of Land for his natural Life as Tenant by the Courtesy of England. AND Whereas the said William Anderson hath paid upwards of four hundred pounds in Discharge of the said Debts of his said Wife, whereby he was brought under a neces- sity to take up several Sums of Money at Interest which said Money, amounting to the Sum of ffour hundred Pounds, lyes now a Debt upon him the said William Anderson, and he unable to pay and satisfy the same otherwise than by the Sale of the said Lott of Land, and therefore hath humbly prayed that for the pay- ment of the Debts Contracted by him as aforesaid and to prevent the growing Interest for the same IT MAY BE Enacted and IT IS hereby Enacted by the Governour Council and General Assem- blv and by the Authoritv of the Same. That the said William Anderson be and the said William Anderson hereby is Enabled and Invested with full power and Authority to ailLAWS OF THE COLONY OF NEW YORK. 769 Intents and purposes to Sell Convey and Assure the said Lott of Land in Queen Street aforesaid with the appurtenanees unto any person or persons whatsoever, and that such Sale, Convey- ance or Conveyances, Deed or Deeds, Assurance or Assurances of the said Land with the Appurtenanees by him the said William Anderson in Due form of Law executed shall be good and yalid in the Law and shall Enure to such uses as shall be therein express’d as fully as if the said William Anderson had an Estate in Fee Simple in the same Land and premises with the appurtenanees Notwithstanding the Minority of the said John Anderson and William Anderson Sons of the said William Anderson or their not being parties thereunto or any other Defect or Insuihciency whatsoever; So always, as the Moneys arising by such Sale be apply’d towards indemnifying the said William Anderson by paying and Discharging Debts amounting to Four hundred Pounds upon the occasion aforesaid byhim Oontracted; And in Case, after the Sum of Four hundred Pounds aforesaid shall be paid, there shall be any part of the purchase Money remaining, the same shall be Secur’d and paid to and for the use and benefltt of the said John Anderson and William Anderson the Infants aforesaid in such manner as the Governour of this Colony shall direct and appoint. AND IT IS hereby further Enacted and Declared by the Authority aforesaid, That the said John Anderson and William Anderson the Children of the said William and Deborah and their Heirs and the Heirs of either of them and the Right Heirs of her the said Deborah is are and shall be hereby, and by such Sale to be made of the said Lott of Land with the appurtenanees by the said William in pursuance and by Yirtue of this Act, for ever barr’d from any Right, Estate, or Title, Interest, or Demand whatsoever of and in the said Lott of Land with the appur- tenances either by Descent or otherwrise howsoever, Saving to her Majesty her heirs and Successors ail Bodvs Politick or Cor- porate and ail and every person or persons whatsoever any Right, Claim or Interest in the said Lott of Land and Premises, other than the said John Anderson and William Anderson the children of the said William and Deborah and the Right Heirs of the said Deborah, any thing herein to the Contrary thereof notwithstanding. 97770 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 252.] [Chapter 252, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 158, 162. Title only is printed in Baskett, p. 145.] An Act to appoint Commissioners to Examine and State the several Claims alledged as Debts of the Government. [Passed, December 10, 1712.] FOR THE BETTER Examining and true Informing the Sundry Claims divers persons do alledge as Debts of this Government BE IT Enacted by His Excellency, by and with the Advice and Con- sent of the Council and General Assembly, and by the Authority of the Same, That Major David Provoost, Mr. Robert Watts, Mr. John Cruger, Mr. Abraham Wendall, Mr. Philip Schuyler, or any three of them, shall be and are hereby Impowered, con- stituted, appointed and required to Receive, Examine and State the several Claims alledged as Debts of the Government, and to send for persons, papers and Records, and to administer an Oath or Oaths for discovering the truth of such Debts w'hen the same appear to them doubtful or nncertain, and make their Report thereof to the General Assembly within fifteen Days after their next Meeting of the Sums and the nature of such Claims, how they came to be Contracted, and for what necessarys and Ser- vices, and how farr the same or any of them are reasonable Charges on the people of this Colony. AND BE IT further Enacted by the Authority aforesaid, That ail and every of the said Commissioners shall take the Oath here- after mentioned before any one of the Justices of the Supream Court or the Mayor of the City of New York for the time being who are hereby authorized and required to administer the same in manner following, vizt: I: A: B: do Swear that according to the best of my Skill and knowledge I will faithfully and impar- tially Examine and State the Claims alledged as Debts of the Government that shall be brought before me, So help me God. AND BE IT Enacted by the Authority aforesaid, That every of the said Commissioners shall hâve and receive such Suitable Reward for their trouble as aforesaid when they shall hâve made the Report hereinbefore expressed as the General Assembly after Receiving such Report of the Commissioners aforesaid shall think f± to allow them.LAWS OF THE COLONY OF NEW YORK, 771 [CHAPTER 253.] [Chapter 253, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford’s 1715 ed., p. 162, 166; Baskett, p. 145.] An Act to Enable Mary Bratt the Widow of Johannes Bratt late of the County of Albany to dispose of part of the Lands and Tenements formerly belonging to the said Bratt for payment of his Debts and Eduoat- ing his Children. [Passed, December 10, 1712.] WHERE AS the said Johannes Bratt was murdered by Indians in the County of Albany and his dwelling house burnt and Cattle killed, and the said Mary being left his Widow with seven young Children, the said Johannes Bratt dying Intestate and very much indebted for the purchase of a certain tract of Land at Scachtecoke in the said County and leaving no personal Estate to discharge the same or educate his Children. BE IT Enacted by the G-ovemour Council and Assembly and by the Authority of the Same, That the said Mary Bratt is hereby Enabled and Invested with full power and Authority to ail Intents and purposes to Sell Convey and Assure ail and every or any part or parcell of the Houses Lands or Tenements in the City of Albany with their or any of their Appurtenances which the said Johannes Bratt stood Seiz’d of at the Time of his Death unto any person or persons, and that such Sale, Conveyance, Deed or Deeds of the said Houses Lands or Tenements with their or any of their appurtenances by the said Mary Bratt in due form of Jjslw Executed shall be good and yalid in the Law to ail Intents and purposes whatsoever So as the Money arising by such Sale be applied to paying the Debts and Educating the said Children of the said Johannes Bratt. Saveing the Right of her Majesty her heires and Successors of ail Bodyes Politick or Cor- porate and of ail other persons whatsoever, Except the said Mary Bratt and the right Heirs of the said Johannes Bratt. AND BE IT further Enacted by the Authority aforesaid, That ail other the Houses Lands and Tenements, not in the City of Albany, formerly belonging to the said Johannes Bratt, shall be Equally divided among the Children of the said Bratt, the Eldest of the said Children being by this Act Entituled to Choose to himself any one of the said parts According to his best liking.772 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 254.] [Chapter 254, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 159. Title only is printed in Baskett, p. 145.] An act that certain monys Levy’d on the Inhabitants of Kings County, remaining in the hands of the Collectors be paid to the Treas- urer of that County. [Passed, December 10, 1712.] WHEREAS there is in the hands of some former Collectors iü Kings County Some overplus of former Taxes not duely appro- priated. Be it Enacted by the Govern’r Council & Assembly and by the Authority of the same that the Sums of Twelve pounds Sixteen shillings & four pence half penny in the hands of Englebert Lot of Flatbush, Nineteen pounds and thirteen shillings in the hands of Aart Aartse of the Town of Brucklin, & Eight pounds fourteen shillings & one penny in the hands of Clause Barentsebloome, shall by them be paid to the Treasurer of the said County within two months after the publication of this Act to be by him apply’d towards defraying the publick & necessary Charge of the same County by Warrant from the Supervisors or Major part of them. And be it further Enacted by the Authority aforesaid, that in Case some or part of the Sums of money before mentioned be not already Collected and received, that the said Collectors shall bave hereby full power to Collect & Levy the same according to the Ténor of their former Lists of Assessments & Warrants to them delivered. Provided always that the Collectors before men’coned may retain in their hands respectively Nine pence for each pound by them Collected pursuant to the said Warrants and Lists. And be it further Enacted by the Authority aforesaid, That if any of the above mentioned Collectors or any of them shall refuse neglect or Delay to Collect & pav the aforesaid Sums of mony into the hands of the Treasurer as aforesaid, the Collector So refusing neglecting or Delaying Shall respectively forfeit the Sun* of Twenty pounds Current mony of this Colony to be recovered in any Court of Record by the Supervisors in the County aforesaid & to be by them paid & applyed as afor.esaid any thing lierein contained to the Contrary hereof notwithstanding.LAWS OF THE COLONY OF NEW YORK. 773 [CHAPTER 255.] [Chapter 255, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 159. Title only is printed in Baskett, p. 145. Expired, October 1, 1715.] An Act for better Repairing the ffortifi- eations of the City of Albany and Town of Sc-honegtade and providing their Military watches with ffirewood. [Passed, December 10, 1712.] WHEREAS it is highly necessary That the ffortifications of the City of Albany and the Town of Schonegtade be kept in good Repair for the Defence of the said ffronteers against the Invas* ions of the ffrench and Indians. EE IT therefore Enacted And it is hereby Enacted' by His Excellency the Governour and Coun- cill and Assembîy and by the Authority of the same That it shall and may be Lawfull to and for the Mayor Aldermen and Common alty of the said City of Albany for the time being or the Major part of them in Common Council Assembled to levy and raise upon ail and every the ffreeholders Inhabitants and sojourners inhabitating dwelling or residing within the said City from time to time and at ail times during the Continuance of this présent Act by equal proportions according to their respective Estâtes Such and so many Stockadoes for repairing the ffortifications of the said City and so many Load of ffirewood for the Use of their Military Watch to be by them brought and delivered to snch place or places or such person or persons in the sadd City for the Uses aforesaid as to the said Mayor Aldermen and Commonalty Assembled as aforesaid shall from time to time seem meet. AND BE IT further Enacted by the Authority aforesaid, That it shall and may be Lawfull to and for the Justices of the Peaco of the County of Albany dwelling in the Town of Schonegtade and precincts thereof in the said County or the Major part of them to raise and levy upon ail and every the ffreeholders Inhabi- tants and Sojourners inhabitating and dwelling within the said Town and precincts thereof and Out Plantations to the same belonging Yearly and once in every Year during the Continuance of this présent Act for the use of Her Majesty Her Heirs and Successors Thirty Ounces of plate to be Employed by the said Justices of the Peace for and towards the repairing of the Watch- Houses and Gates of the said Town and for no other use or pur-774 LAWS OF THE COLONY OF NEW YORK. pose whatsoever, As also such and so many Stockadoes as shall be wanting for the fortifications of the said Town and so many Load of ffirewood as shall be necessary for the use of their Mili- tary watch in like manner as is herein directed for the City of Albany. And for the better Exeeuting of this Act BE IT Enacted And IT IS hereby Enacted by the Authority aforesaid That the Stockadoes Money and ffirewood to be Leyyed by Virtue of this Act shall be raised leyyed Collected and paid in the same and like manner as ail other publick Taxes of this Colony are used to be levyed collected and paid, saye only that the Stockadoes and ffirewood are to brought to such place and places as by the Mayor Aldermen and Commonalty of the said City of Albany and by the said Justices of the Peace in the Town of Schonegtade in each respective place shall be directed and appointed at the Charge of the party who shall be assessed to deliver the same, And more particularly according to the ru les and directions and under the same and the like penalties and forfeitures as are directed and appointed in and by An Act of the General Assem- bly of this Colony ruade and Enacted in the Eighth Year of Her présent Majesty’s Reign Entituled An Act for Levying four thou- sand Pounds as if the same had been herein particularly men- tioned and exprest Any Law Usage or Custom to the contrary hereof in any wise notwithstanding. PROVIDED always That this Act nor any Clause herein contained shall be any longer in force than untill the first Day of October which shall be in the Year of our Lord One thousand seven hundred and fifteen any thing herein contained to the contrary hereof in any ways notwithstanding. And BE IT further Enacted by the Authority aforesaid That the several and respective Collectors of the City and County of Albany are hereby required to Collect the remaining part of one hundred forty one pounds raised in the said County to be paid to the County Treasurer for paying the forty seven Men who served under Lieut Coll John Sehuyler as Capt in the last Expé- dition against Canada And Eight pounds sixteen shillings and three pence for the said Collectors And Six pence per pound to the said Treasurer and that the Justices of the Peace in the said City and County or any five of them and the Collectors of the said City and County shall hâve the same power and Authority for the Execution of this Act and be lyable to such paines and penalties mentioned in the said Act Entituled An Act for Levy- ing four thousand pounds.LAWS OF THE COLON Y OF NEW YORK. 775 [CHAPTER 256.] [Chapter 256, of Livingston & Smith and Van Schaack, where the title only is printed. Title is printed in Bradford’s 1715 ed., p. 162, 166; Baskett, p. 140. See chapter 112.] An Act For making good the publick Crédit given by an Act of General Assembly Made in the first Year of Her Majestys Reign for raising Eighteen hundred pounds for the Uses therein mentioned, and for discharging the reinaining part of the Money still due on the Sum advanced upon the Crédit of the saifl Act with the Interest thereof. [Passed, December 10, 1712.] WHEREAS by an Act of General Assembly of this Province made in the first Year of the Reign of Her présent Majesty, Entituled: An Act for the Levying and Collecting the Sum of Eighteen "hundred pounds for the raising, levying and maintain- ing one hundred and fifty Fusileers with their proper Officers for five moneths, and thirty Men with their proper Officers to be imployed as Scouts Sixty two Days for the Defence of the Fron- tiers, it was Enacted, that what person or persons soever should advance any Sum or Sums of Money not exceeding the Sum of one thousand pounds upon the Crédit of that Act for the Ends and purposes therein mentioned, and should pay the same unto the Receiver General of this Colony, or to the Commissioners for executing the Office of Receiver General for the time being, should hâve and receive back the Sum and Sums of Money soe by them advanced soe soon as the same could be Collected, with Allow- ance after the Rate of Ten per Cent per Annum untill they should be reimbursed the sanie. AND WHEREAS the Sum of five hun- dred pounds was advanced upon the crédit of the said Act by Gerardus Beekman Esq’r and Caleb Heathcote Esq’r together with several other persons, which are ail since dead or gone out of this Colony, whereby the said Gerardus Beekman & Oaleb Heathcote are now and stand bound as Contra-Security for the pavment of the said Sum with the Interest of Ten per Cent unto Coll William Peartree. AND WHEREAS by an other Act of General Assembly of this Colony made in the seventh Year of Her présent Majestys Reign Entituled an Act for Refunding Seven hundred and eleven pounds ten shillings and five pence half penny misapply’d in the Eighteen hundred pounds Tax, recit- ing that the Sum of Seven hundred eleven pounds Ten shillings and five pence half penny, part of the said Eighteen hundred776 LAWS OF THE COLONY OF NEW YORK. pounds Tax b y the before recited Act raised, was not applyed to that use, but Made use of for those Services for whicb Her Majesty’s Revenue was raised by occasion whereof the said Debt due to the said Coll Peartree, amounting the third of December then next after the Act with Interest unto the Sum of Six hun- dred forty Six pounds thirteen Shillings and four pence borrowed on the Crédit of that Tax remain’d unpaid, and that it was reason- able, that Her Majestys Revenue should make good what had been borrowed out of that Tax and disbursed for the ordinary Charges of the Government; It was therefore Enacted, that the Collector and Receiver General of this Colony or such person or persons as for the time being should execute that Office, should pay out of the first Money that should corne into his hands on any Branch of Her Majesty’s Revenue whatsoever, the said Sum of Six hundred forty Six pounds thirteen shillings and four pence to the said Coll William Peartree, according to the true Intent of the aforesaid Act for raising Eighteen hundred pounds, under the penalty of Seven hundred pounds, to be recovered and apply’d in such manner as in the said Act is Set forth, PROYIDED, nothing in the said Act should extend to release any person or persons who h?d receiv’d and misapply’d any of the said Tax, or other Taxes, but only of so much as should be paid by Virtue of the said Act. AND by the said Act, IT WAS further Enacted, That in Case it should soe happen, That the said Sum of Six hundred forty six pounds thirteen shillings and four pence should not be paid to the said Coll William Peartree before the said third Day of December then next, according to the true Intent of the said Act, That then it should be lawfull for the Lord Viscount Cornbury, the said Gerardus Beekman and Caleb Heathcote or either of them, his or their Executors and Administrators, by Virtue of the said Act, to hâve an Action against Coll Thomas Whenham and Peter Fauconier Esqr’s their Executors and Administrators for the said Sum of Six hundred forty Six pounds thirteen shillings and four pence, having been Commissioners and Received the Moneys arising by the Eighteen hundred pounds Tax aforesaid, as by the said last recited Act mav more at large appear. AND WHEREAS in pursuance of the said last recited Act the Sum of four Jiundred twenty five pounds twelve Shillings and eleven pence out of the Revenue aforesaid hath been paid unto the said Coll Peartree in part of the Debt aforesaid. AND WHEREAS the said Revenue is long since expired, and the aforesaid Thomas WKenhamis since deceased,wherebythe aforesaid last recited Act777 LAWS OF THE COLONY OF NEW_YORK. and for defects therein is become ineffectuall for the payment of lhe remaining part of the said Debt amonnting to two hundred one and twenty pounds and five pence, that the aforesaid Gerardus Beekman and Caleb Heathcote are still lyable to the payment of the same out of their own private Estate, with the In ter est thereof, amounting in ail on the third Day of December next ensuing to the Sum of Three hundred nine pounds eight Shillings and seven pence. NOW for the Supporting and maintaining the publick ffaith and Crédit given for the said Act for raising the Eighteen hun- died pound Tax before mentioned, and for the discharging the said Gerardus Beekman and Caleb Heathcote from the Securitys soe entred into by them upon the publick Crédit given by the same Act, And to prevent any further Interest or Charges that may accrue on the same. BE IT therefore Enaeted by the Governour Council and Assem- blv, and by the Authority of the Same, That the Treasurer of this Colony shall and do pay, out of the publick Moneys that shall Corne to his hands after the first Day of May next ensuing, (and not particularly appropriated) the aforesaid Sum of Three hundred nine pounds eight Shillings and seven pence unto the said Coll William Peartree or his Assigns, And that the several bonds or Securitys entred into by the several persons for the Security of the same to the said William Peartree delivered up and Can- celled, with the said William Peartree’s Receipt for every particu- lar Sum received, shall be a sufficient Voucher to the Treasurer for paying the same. And that the said above recited Act of General Assembly Entituled An Act for the Refunding Seven hundred and eleven pounds ten Shillings and five pence half penny misapplv’d in the Eighteen hundred pounds Tax, and every Clause and Article therein Contained, be and it is hereby Bepealed, Annulled and made Void. [CHAPTER 257.] [Chapter 257, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 161, 165. Title only is printed in Baskett, p. 145. Expired, April, 1713.] An Act for Electing or Appointing Four Assessors in the City and County of Albany. [Passed, December 10, 1712.] BE IT Enaeted by the Governour Council and Assembly, and b’y the Authority of the Same, That the Inhabitants of the Second 98778 LAWS OF THE COLONY OF NEW YORK. Ward in the City of Albany shall upon Warning given from the Justices of the said City and County or from any Two of them, Elect one ffreeholder of the said Ward, to Serve as an Assessor, in stead and room of Mr. Johannes Cuyler; And that the Inhab- ltants of the third Ward in the said City shall in like manner Elect Two ffreeholders of that Ward, to Serve in stead of Mr. Hendrick Hanssen and Mr. Wessell ten Broek; And likewise That the ffreeholders and Inhabitants in the Mannor of Renslaerwyck Do in the same Manner as aforesaid Elect One ffreeholder of the said Mannor to Serve in stead of Captain Jonas Dow, at any time on or before the twenty fiftli Day of December next ensuing. But if the Inhabitants and Freeholders as afore- said upon such Warning given as above should neglect of ail or any of such Election as aforesaid, Then the said Justices or any Five of them shall hâve Power and are hereby Authorized and Tequired to appoint such ffour Persons, to Serve as Assessors as afore expresed, by Warrant under their hands and Seals, untill the first Tuesday in April, which will be in the Year of our Lord one thousand seven hundred and thirteen; And such persons, so Elected or appointed as aforesaid, shall be Subject to snch pains and penalties as other Assessors of this Colonv are. [CHAPTER 258.] [Chapter 258, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford’s 1715 ed., p. 161, 165. Title only is printed in Baskett, p. 146. Expired, November 1, 1713. See chapter 235. Itevived by chapter 260.] An Act for reviving an Act, entituled, an Act for the better Setling the militia of this Province & making it more Usefull for Security & defence thereof & for repealing ail former Acts heretofore made in this Province relating to the Same. [Passed, December 10, 1712.] Be it Enacted by the Govern’r Council and Assemblv and by the Authority of the same, That an Act, entituled an Act for Setling the Militia of this Province, and making it more Usefull for Security and defence thereof, and for repealing ail former Actg heretofore made in this Province relating to the Same, made in the first year of Her Ma’tys Reign expir’d by its owne Limittation shall be hereby Enacted by the Authority aforesaidLAWS OF THE COLONY OF NEW YORK. 779 to be of Force from the publication hereof until the first day of November w’ch will be in the year of our Lord Seventeen hundred and thirteen. THE FIFTEENTH ASSEMBLY. First Session. (Begun May 27,1713,12 Anne, Robert Hunter, Governor.) [CHAPTER 259.] [Chapter 259, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715, ed., p. 168. Title only is printed in Baskett, p. 149. The original of this act is not in the office of the Secretary of State. This copy was made from Bradford, 1715 ed. From the Minutes of the Council it appears that an act of this title was signed by the Governor, July 1, 1713. (See Journal of Legislative Council, p. 361.)] An Act for a Supply to be granted to her Majesty for Supporting the Government. [Passed, July 1, 1713.] BE it enacted by his Excellency the Governour, Council and General Assembly, and by the Authority of the same, That there be given and granted to her Majesty, Her Heirs and Successors, for the Support of her Government in the Colony of New-York, for one Year, commencing from the thirteenth Day of June Anno One Thousand Seven Hundred and thirteen, Seven Thousand Ounces of Plate of the Spanish Coyns of Sevill, Pillar and Mexico or the Value thereof in Lyon Dollars or half Dollars, at thirteen Penny Tveight and eighteen Grains each Dollar, or in Bills of Crédit current in this Colony, to be paid to Her Majesties Receiver General, for the Time being, out of the Duties and Impositions herein after-mentioned, to be Collected in manner following, (that is to say) For every Pipe of Wine, and so in proportion for a greater or lesser Quantity, Imported into this Colony in Bottoms wholly owned by the Inhabitants of this Colony, five Ounces of Plate aforesaid. For every Pipe of Wine, and so in proportion for a greater or lesser Quantity, Imported in Bottoms not entirely owned by the said Inhabitants, Seven Ounces and a half of Plate aforesaid. For ail European Goods, Imported into this Colony from Boston, Twelve Ounces and a half of like Plate for every hundred Pounds Value prime cost, so Imported, and so proportionably for a greater or smaller quantity. And780 LAWS OF THE COLONY OF NEW YORK. For ail European Goods, Imported into this Province from any other of Her Majesty’s Plantations, Eighteen Ounces and tliree quarters of Plate aforesaid for every hundred Pounds value prime cost so Imported. For every Gallon of Rum Imported into tliis Colony in Vessels wholly owned by the Inhabitants thereof, fifteen Grains of plate aforesaid. And For every Gallon of Rum, Imported into this Colony in Bottoms not solely owned by the said Inhabitants, twenty five Grains of Plate aforesaid. And Be it further Enacted by the Authoritv aforesaid, That for the due and orderly Collecting of the aforesaid Duty on Rum, Wine, and European Goods, the Merchant or Owner of the said Goods shall forth-with, after he or they hâve made an Entry thereof in the Custom-House, deliver or cause to be Delivered a Copy of such Entry to the Receiver General, who, after having compared the Copy of the aforesaid Entry, delivered to him as aforesaid, which he is hereby required forth-with to do, after the Receipt thereof, the Merchant or Owner of the said Goods, shall pay or secure to be paid to the said Receiver General, within three moneths after the said Entry made, the aforesaid Duty on Rum, Wine and European Goods. And in Case the Merchant or Owner of such Wine, Rum, and European Goods shall neglect or refuse to pay the said Duty, then and in such case it shall and may be lawful for the Receiver General to take and Detain the said Rum, Wine or European Goods, until the Duty by this Act required is and shall be paid and satisfied. And be it further enacted by the Authoritv aforesaid, That if the Duties and Customs herein Granted shall not amount to the said Summ of Seven Thousand Ounces of Plate, such Deficiency shall be made good by the Treasurer of this Colony, out of the Excise, or Duties on Tonnage, Slaves, Vendues, or any other publick Money that shall corne into his Hand, and paid to Her Majesty’s Receiver General of this Colony. And that the said Receiver General, for the time being, shall lay before the Gover- nour, Council or General Assembly for the time being, when required, a true Account upoü Oath of the Receipts and Payments of the Duties and Customs hereby laid and imposed. This Act to be in force until the first Day of July, which shall l>e in the Year Seventeen hundred and fourteen, and no longer.LAWS OF THE COLONY OF NEW YORK. 781 [CHAPTER 260.] [Chapter 260, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 169. ïitle only is printed in Baskett, p. 149. The original of this act is not in the office of the Secretary of State. This copy was inade froin the Bradford, 1715 ed., p. 169. From the Minutes of the Council it appears that an act of this title was signed by the Governor, July 1, 1713. (See Journal of Legislative Council, p. 361.) See chapter 258. Revived by chapter 296.] An Act Reviving and Continuing an Act, entituled An Act for tlie better Settling of the Militia of this Province, and making it more useful for the Security and Defence thereof; and for Repealing ail former Acts heretofore made in this Province relating to the same. [Passed, July 1, 1713.] BE it enacted by the Governour, Council and Assembly, and it is hereby Enacted by the Authority of the same, That a late Act, entituled, An Act for the better Settling the Militia and making it more Useful for the Security and defence thereof, and for Repealing ail former Acts heretofore made in this Province relat- ing to the same, made in the first Year of her présent Majesty, shall be and is hereby Enacted by the Authority aforesaid, to be of force for and until the full End and Term of one whole Year, and no longer, to Commence from the last day of October next ensuing. [CHAPTER 261.] [Chapter 261, of Livingston & Smith, where the title only is printed. Chapter 261, of Yan Schaack, where the act is printed in full. Printed in full in Bradford, 1715 ed., p. 169; Baskett, p. 147. The original of this act is not in the office of the Secretary of State. This copy was made from Bradford, 1715 ed., p. 169. From the Minutes of the Council, it appears that an act of this title was signed by the Governor July 1, 1713. (See Journal of Legislative Council, p. 361. See chapter 172.)] An Act for Repealing part of a Clause in an Act, entituled, An Act for the more Effectuai préservation of Deer and other Game, and the Destruction of Wolves, Wild- Cats and other Vermine. [Passed, July 1, 1713.] BE it enacted by the Governour, Council and Assembly and by the Authority of the same, That that part of a Clause relating to782 LAWS OF THE COLONY OF NEW YORK. the reward for destroying or killing Squerrils, Crows and their Young ones, Blaek-birds and their Young ones, mentioned and Expressed in an Act for the more effectuai préservation of Deei* and other Game, and the destruction of 'Wolves, Wild-Cats and otlier Vermine, made in the Seventh Year of Her Majesties Reign, Be and is hereby Repealed, made Null and Void, to ail Intents and purposes whatsoever, from and after the publication of this Act. [GHAPTER 262.] [Chapter 262, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not printed in Bradford, 1715 ed. Printed in full in Baskett, p. 147. The original of this act is not in the office of the Secretary of State. This copy was made from Baskett, p. 147. From the Minutes of the Council, it appears that an act of this title was signed by the Governor July 1, 1713. (See Journal of Legislative Council, p. 361.)] An Act to Impower Frederick Phillipse, a Minor, to Remove Kings-Bridge to a more commodious Place, and for Confirming the Toll thereof. [Passed, July 1, 1713.] WHEREAS Frederick Phillipse, late of the City of New-York, Esq; deceased, was, in his Life-time, by several Grants and Patents, and Mesn-Conveyances and Assurances in the Law, seized and possessed of divers Tracts and Parcels of Land in the County of Westchester; which by another Grant or Patent under the Broad Seal of this Province, bearing Date the Twelfth Day of June, in the Year of our Lord Christ, One thousand six hundred ninety three, were incorporated into a Lordship or Manor, by the Name and Title of the Manor of Phillipsburgh, within the Bounds and Limits therein mentioned, wTith Power, Authority, and Privilège, to Erect and Build a Draw-Bridge upon the Ferry, then commonly called Spiten-Divel Ferry, and thenceforward to be called Kings-Bridge, and to receive the Rates and Tolls men- tioned in the said Grant : And whereas there hâve been considér- able improvements made in the said Manor, and that the said Bridge has been found of great Utility and Convenience to Travellers; Be it Enacted by the Governor, the Council, and the Assembly, and by the Authority of the same, That the said Grant, and every Clause and Article thereof, shall be and hereby is Ratified and Confirm^d unto the Heirs of the said Frederick Phillipse, to be held by them in such manner as the same is Devised by his Last Will and Testament, bearing Date the Twenty sixth Day of October, in the Year of our Lord Christ,LAWS OF THE COLONY OF NEW YORK. 783 One thousand seven hundred, in such full and ample manner, to ail intents, Constructions, and purposes, as if the said Grant and the said WTill were herein at large recited. And whereas by means of Spring-Tides, not only the Causey leading through a Meadow from Manhattans, or York-Island, to the Bridge erected in pursuance of the said Grant, but likewise the Bridge itself is often difficult and unfit for Travellers to pass, notwithstanding the Labour and Cost employed to make the same commodious; Be it Enacted by the Authority aforesaid, That it shall and may be Lawful for Frederick Phillipse a Minor, (unto wkom, among other things, the said Bridge, with ail the Tolls, Rights, and Privilèges thereunto belonging, by the said Last Will and Testament is Devised) and to his Heirs or Guardian, to Erect and Build another good and sufficient Draw-Bridge between the Neck, or Island of Papparinnemo, and York or Manhattans- Island, at such Place or Places to the Westward of the présent Bridge, as to him or them shall be thought most proper and con- venient, and to joyn and affix the same to or in any Land on York-Island, and to dig away or level any Part or Parts thereof, both to secure the Bridge, and to make the Path or entry thereto commodious and convenient for Travellers. And when another Bridge shall be so Built (which is to retain the Names of Kings- Bridge) it shall and may be Lawful for him and them to pull down the Bridge heretofore Built, as aforesaid. And to the end the Power and Authority given by the said Grant for receiving the Rates and Tolls therein mentioned, and hereby Ratified, may the better be enforced; Be it further Enacted by the Authority aforesaid, That the several Rates and Tolls for passing and repassing Kings-Bridge, mentioned in the said Grant, shall be paid unto the said Frederick Phillipse, and to his Heirs, or to such person or persons as he or they shall député, or to such as shall, from time to time, Rent or Farm the same; and that a Table thereof shall be hung or fixed up in the Ferry or Toll-house; which several Tolls being reduced from the Rate at which Money was Current at the time of Passing the said Grant, are hereby ascertained in Troy Weight, and are accord- in gly to be paid and received in good Mexico or Sevile Plate, after the Rates here under mentioned; That is to say, For every Man and Horse that shall pass the said Bridge in the Day-time, Fifteen Grains; For each head of Neat Cattle that shall pass the same, Fifteen Grains; For each Score of Hogs, Calves, or Sheep, that shall pass the same, Two peny Weight and a half,784 LAWS OF THE COLONY OF NEW YORK. and so proportionably for a greater or lesser Number; For every Boat, Yessel, or Canoë, that shall pass the Bridge, and cause the same to be drawn up, One peny Weight and Twenty one Grains; For eaeh Coach, Cart, Waggon, or Sledge that shall pass the same, One peny Weight and twenty one Grains: And after Sun-set, For every Passenger that shall pass the said Bridge? Ten Grains; For each Score of Hogs, Calves, or Sheep, Five peny Weight; For each Head of Neat Cattle, One peny Weight and Six Grains; For each Score of Hogs, Calves, or Sheep, Five peny Weight; For each Boat, Yessel, or Canoë, Three peny Weight and Eighteen Grains; For each Coach, Cart, Waggon, or Sledge, Three peny Weight and Eighteen Grains. And for as much as some evil disposed Persons hâve sometimes refused to pay the said Toll, and «others gone or rid away without paying the same, notwithstanding it is so moderate and reason- able; Be it Enacted by the Authority aforesaid, That if any Person or Persons shall hereafter go from the Ferry or Toll-house before he, she, or thev pay or satisfie the Toll due by virtue hereof, such person or Persons so endeavoring to defraud the said Pay- ment, shall pay Treble the Toll to which he, she, or they wTere liable, and Double Damages and Charges in obtaining the same, to be Recovered upon the Oath of One Person before any Justice of the Peace within this Colony, who is hereby Impowered and Required to give Judgement accordinglv, and to commit the Offender, until he, she, or they pay or satisfie the same. Provided nevertheless, That (in pursuance of a. Réservation in the Grant before mentioned) Her Majestv, Her Heirs and Successors, shall hâve free Egress and Regress of ail Her and their Forces, Horse and Foot, Coaches, Waggons, Stores of War, Ammunition, and Expresses, that shall, from tfme to. time- pass the said Bridge for Her or their Service; any thing contained in this Act to the contrary hereof on any wise notwithstanding. And to prevent Disputes about Repairing High-wrays, so far as it relate to Kings-Bridge, Be it Enacted by the Authority afore- said, That the said Bridge, from the time it shall so Built, as aforesaid, shall be kept and maintained in good Repair by the Owners thereof; and likewise, that half of the Causey betw^een the main Land and the said Neck, or Island of Papparinnemo, which adjoyns next unto the said Neck, in like manner as has been hèretofore used and Practised; and that he or his Heirs, shall not be obliged to repair or maintain any more of the High- ways at his or their proper Cost and Charge.IiAWS OF THE COLONY OF NEW YORK. 785 THE FIFTEENTH ASSEMBLY. Second Session- (Begun Oct. 15,1713,12 Anne, Robert Hunter, Governor.) [CHAPTER 263.] [Chapter 263, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford, 1715, ed., p. 179; Baskett, p. 152. The original of this act is not in the office of the Secre- tary of State. This copy was made from Bradford, 1715 ed., p. 179. From the Minutes of the Council, it appears that an act of this title was signed by the Governor, October 15, 1713. Livingston & Smith and Yan Schaack and Baskett, State that the act was conürmed, June 17, 1715. See order in Council confirming, in Doc. Rel. to Col. His. of N. Y., Vol. Y., p. 412.) Continued by chapters 264, 676, 933, 1325.] An Act for laying an Excise on ail Strong Liquors Retailed in this Colony. [Passed, October 15, 1713.] BE it Enacted by the Governour, Council and General Assem- bly, and by the authority of the saine, That there shall be given and granted unto Her Majesty, her Heirs and Successors, from the first day of November, which shall be in the Year of our Lord 1714. until the first day of November, which shall be in the Year of our Lord 1734. for the uses herein after mentioned, an Excise upon ail strong Liquors Retailed throughout this Colony, under the Quantity of five Gallons (Beer and Syder only excepted) to wit, the eighth part of an Ounce of Sevil, Pillar or Mexico Plate, for each Gallon so Retailed; and likewise three quarters of an Ounce of the said Plate for every Barrel of Beer and Syder. And be it further Enacted by the Authority aforesaid, That the Mayor and Aldermen of the City of New-York; the Mayor, Aldermen and Justices of the Peace of the City and County of Albany, and the Justices of the Peace of the other Counties, within this Colony, to which they belong, or the Major part of them, for the time being, are hereby required, Authorized and Impowered to let to Farm the aforesaid Excise in their respective Cities and Counties, by publick Out-Cry, Auction or Vendue, vearly and every year on the first Tuesday in October, or some other day in that week in which the said first Tuesday shall happen, to the highest bidder, or to the several Retailers of such Liquors, in each respective City, Town, Burrough, Mannor or Precinct, as the said May ors, Aldermen and Justices of the Peace 99Z86 LAWS OF THE COLONY OF NEW YORK. respectively, in tkeir discrétions shall think fit for the better advancement of the Duty and Excise hereby to be granted and levyed, publick Notice being first given of the time such farming is appointée! to be made by affixing Adyertisements thereof, in the most publick places in each respective City, Town, Mannor and Precinct, Ten days at least before such Auction or Vendue is made. And the said Mayors, Aldermen and Justices of the Peace as aforesaid, are hereby required to take good Security’s by Recog- nizances, with Sufficient Sureties, of ail and every person or per- sons that shall Farm the Excise, as aforesaid, with Condition, that they pay the same quarterly, by equal and even payments, into the hands of the Treasurer of this Colony for the time being, who is hereby appointed to receive the same; And also after two months after the same Excise or any part thereof, shall be let to farm, or agreed for, to transmit to the Treasurer a true Account of the same respectively, with the Recognizances for the due payment thereof, according to the intent of this Act. And be it further Enacted by the Authority aforesaid, That if any or either of the said Mayors, Aldermen or Justices of the Peace, as aforesaid, shall neglect, deny or refuse to let to Farm the aforesaid Excise, in manner aforesaid, or to put this Act in Execution, so far as they are required and impowered, according to the true intent and meaning hereof, that then, he or they so offending shall each of them respectively forfeit unto her Majesty, her Heirs and Successors, the Sum of Fifty Pounds current Money of New-York, to be recovered in any of her Majesties Courts within this Colony, by any person or persons, wiio will and shall inform and sue for the same, by Action of Debt or Information, the one half of which Forfeitures to be to her Majesty, her Heirs and Successors, to be paid in to the Treasurer, and applyed towards the Support of the Government, and the other half to the Informer. And be it further Enacted by the Authority aforesaid, That where there shall be no Farmer of the Excise in manner before expressed, the Mayors, Aldermen and Justices of the Peace of the several Cities and Counties respectively, shall and may either agréé with the Retailers, whom they respectively shall License, at least for the highest of such Sum or Sums by the Year, as such Retailer or Retailers at any time formerly had or hâve paid, to be paid into the Treasurer Quarterly, as aforesaid, or other- wrise to make such Retailer or Retailers enter into Recognizance,LAWS OF THE COLON Y OF NEW YORK. 787 with sufficient Sureties, for the true and due payment of the Excise herein before appointed, to be paid and granted accbrding to the true meaning hereof. And for the due and orderly Oollecting the Excise hereby Given and Granted, Be it further Enacted by the ♦authority afore- said, That ail Retailers of strong Liquors within this Colony, shall upon ail their Receipts of ail such Liquors before expressed, and Exciseable, corne to the Farmer of the Excise (if any be) or to the Mayor, Aldermen or Justices of the Peace respectivelv, and on default thereof, ail such Liquors as shall be found in any Retailers House or Ware-house, Celler or other place belonging unto him, her or them, within this Colony, and hâve not been duly entered and paid the Duties of Excise, as aforesaid, then and in such Case upon Conviction by Oath of one or more Crédible Witnesses, before any Justice of the Peace within this Colony, the said Retailer or Retailers so Offending in the Premises, shall forfeit ail such Liquors, and three times the value thereof, the one Moiety to her Majesty, her Heirs and Successors, to be paid to the Treasurer of this Colony, for the time being, for and to be applyed towards the Support of this Government, and the other half to the person that will sue for the same, before any Justice of the Peace in this Colony, wffio is and every of them are hereby required and Impowered summarily, and at his discrétion solely to hear and détermine the same, and to Issue his Warrant for sezing ail such Liquors to be forfeited, as aforesaid, and for committing to the Common Goal ail such Retailers of Liquors, who hâve not entered and paid the Duties aforesaid, and shall be so convicted thereof, there to remain without Bail or Mainprize, until they shall satisfy and make Payment of three times the value of such Liquors seized and forfeited, as aforesaid, as also for arresting and causing to be brought before him any Person or Persons informed against for Retailing without Lisence, pro- vided he, her or they hâve Liberty to appeal to the next Sessions of the Peace, giving sufficient Security to answer the same. And be it further Enacted by the authority aforesaid, That if any person or persons within this Colony, not duly Lisenced, shall either by Land or by Water, at any time présumé to sell by retail any Strong Liquors, that is to say, any Quantity under five Gallons, as aforesaid, the person or persons so offending shall pav the Sum of Five Pounds current Money aforesaid, for every such offence, being thereof convicted in manner aforesaid, to be applyed and paid as aforesaid.788 LAWS OF THE COLONY OF NEW YORK. And be it further Enacted by the Authority aforesaid, That no Retailer of strong Liquors within this Colony, shall sell any strong Liquors to any Negro or Indian Slave, under the Penalty of Forty Shillings for every such Offence, to be recovered before any one of her Majestys Justices of the Peace, by him or her that shall sue for the sanie, and to be applyed as aforesaid. And be it further Enacted by the authority aforesaid, That no Person or Persons enabled to sue for any Penalty, by virtue of this Act, shall compound, remit or make any abatement of or for any of the Penalties herein mentioned, but that the same may be prosecuted to effect, and paid and applyed as herein before expressed. And be it also Enacted by the authority aforesaid, That Lyon Dollars and half Dollars shall be received and be of equal Value to Thirteen Penny weight and eighteen Grains of Sevil, Pillar and Mexico Plate, as aforesaid, for each Dollar, for the Duty hereby intended to be raised. And be it further Enacted by the same Authority, That the Mayor and Aldermen of the Burrough-Town of Westchester, are hereby impowered and required to let to Farm the Excise of the Burrough- Town in the same manner, and under the same Régulations as the Mayor and Aldermen of the City of New-York, or the Mayor and Aldermen of the City of Albany are by this Act impowered, directed and required to do. And be it further Enacted by the authority aforesaid, That ail and singular the Moneys arising by virtue of this Act, during the whole time aforesaid, shall be applyed to and for the Paying xmd Discharging the Publick Debts of this Colony, such, and in such manner as shall be directed and ascertained in an Act of General Assembly for that purpose hereafter to be made. And if it shall so happen that the said Excise shall amount to more than will pay and discharge the publick Debts of this Colony aforesaid, that then and in such case, the Sum that remains over and above, in the hands of the Treasurer aforesaid, after such Publick Debts shall be fully paid and Discharged, shall be applyed to the Use of this Colony, in such manner and to such Purposes as the Governour, Council and General Assembly, for the time being, shall direct, and not otherwise.LAWS OF THE COLONY OF NEW YORK, 789 [CHAPTER 264.] [Chapter 264, of Livingston & Smith and Van Schaack, where the' title only is printed. Title only is printed in Bradford, 1715 ed., p. 182; Baskett, p. 119- The original of this act is not in the office of the Secretary of State. From the Minutes of the Council, it appears that an act of this title was signed by the Governor, October 23, 1713. (See Journal of Legislative Council, p. 366.) See chapters 263, 272.] An Act for continuing an Act, entitled, An Act for laying an Excise on ail Strong Liquors retailed in this Colony. [Passed, October 23, 1713.] [CHAPTER 265.] [Chapter 265, of Livingston Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 182; Baskett, p. 150. The original of this act is not in the office of the Secre- tary of State. From the Minutes of the Council, it appears that an act of this title was signed bÿ the Governor, October 23, 1713. (See Journal» of Legislative Council, p. 366.)] An Act for the Treasurer’s paying sundry Sums of Money to several Persons hereafter named. [Passed, October 23, 1713.] [CHAPTER 266.] [Chapter 266, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 182; Baskett, p. 157. The original of this act is not in the office of the Secre- tary of State. From the Minutes of the Council, it appears that this act w’as signed by the Governor, October 23, 1713. (See Journals of Legis- lative Council, p. 366.)] An Act for the Treasurer’s paying the Sum of One Hundred and Twenty five Ounces of Plate, unto Peter van Brugh and Hendrick Hansen, Esqrs. Commissioners at Albany. [Passed, October 23, 1713.] [CHAPTER 267.] [Chapter 267, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 170. Title only is printed in Baskett, p. 157. The original of this act is not in the office of the Secretary of State. This copy was made from Bradford, 1715 ed., p. 170. From the Minutes of the Council it appears that an act of this title was signed by the Governor, October 23, 1713. (See Journal of Legislative Council, p. 366.) Provided for by chapter 294.] An Act for laying a Dnty on Goods sold by Auction, Vendue or Out-Cry. [Passed, October 23, 1713.] BE it Enacted by the Governour, Council and General Assem- bly of the Colony of New-York, and by the Authority of the same,790 LAWS OF THE COLONY OF NEW YORK. Tliat there be given and granted to her Majesty, her Heirs and Successors, for every hundred Pounds, current Money of New- York, of Goods, Merchandize, Houses, Lands, Ships, Sloops or Vessels, Slaves, and other Things whatsoever, that shall be sold witliin tbis Colony at publick Auction, Vendue or Out-Cry, (the Excise, Goods and Effects of ail deceased Persons, exposed to Sale by Executors or Administrators, or Goods taken in Execu- tion, only excepted) The Sum or Quantity of Ten Ounces of Plate, from the Publication of this Act, during the space of one whole year. And be it further enacted by the Authority aforesaid, That for the better securing the payment of the Duties on ail Goods sold at Auction or Vendue, the Vendue-Master, or whatsoever other person or persons shall expose any of the aforesaid Goods, Mer- chandize, Houses, Lands, Ships, Sloops, Slaves, and other thing whatsoever, (except wThat is before excepted) at publick Auction or Out-Cry, shall, at the expiration of every three Months, give an exact and true aceount to the Treasurer of this Colony for the time being, upon oath, which oath the Treasurer of this Colony is hereby impowered to administer, of ail Goods, and other things above-mentioned, by him or them sold by Auction, Vçndue or Out-Cry, and pay, or cause to be paid to the said Treasurer of this Colony, for every Hundred Pounds value sold, as aforesaid, the Sum of Ten Ounces of Plate, to be applyed to such use or uses as the Governour, Council and General Assembly shall think fit. And be it further Enacted by the Authority aforesaid, That every Vendue-Master wûthin this Colony, or such other person or persons as shall sell any of the Goods and Effects by this Act liable to pay the Duty, as aforesaid, in publick Vendue, shall, in a Book for that purpose, keep an exact account of ail such Goods and Effects as be by him or them sold by publick Vendue, Out-Cry or Auction ; and for his trouble and pains for keeping the said Books, rendring the Aceounts, and paying in of the Money by him, them, and each of them to the Treasurer of this Colony, shall retain in his hands the Sum of Three per Cent, of whatever he or they shall pay unto the Treasurer of this Colony, for the time being. And be it further Enacted by the same Authority, That if the Vendue-Master or whatsoever person or persons that shall expose any Goods, Merchandize, or other Effects whatsoever (except as above excepted) at publick Auction, Vendue or Out-cry, shallLAWS OF THE COLONY OF NEW YORK. 791 neglect, deny or refuse to give an exact account, and pay in the Money for ail such Goods and other Effects sold by him or them, as aforesaid, at the expiration of every three Months, to the Treasurer of this Colony, every such Vendue-Master, or other person so offending, shall Forfeit, for every such offense, double the Duty imposed by this Act, if the same can be discovered, or, for want thereof, the Sum of Fifty Pounds current Money of this Colony, to be recovered by the Treasurer of this Colony, for the time being, by action of Debt in any Court of Record within this Colony, to be applyed to such use as the Governour, Council and General A ssembly shall think fit. And be it further Enacted, That if the said Treasurer shall neglect to Sue the Vendue-Master, or other person offending, as above-expressed, he shall forfeit for every such neglect the sum of Sixty Pounds, and be accountable to the Governour, Council and General Assembly for so much. And be it further Enacted by the same Authority, That the Vendue-Master, or other person, selling Goods or Other Effects by way of Auction, Vendue or Out-cry, shall, within one Week, after the Publication of this Act, enter into Recognizance to her Majesty, her Heirs and Successors, in Two Hundred and Fifty Pounds, with sufficient Sureties, to be approved of by the Speaker of the General Assembly, for the time being, to pay the Duty imposed by this Act, and to fullfil and comply with every Article and Clause therein relating to the said Vendue-Master, or other person exposing Goods to sale by publick Vendue or Out-cry. And if any Vendue-Master within this Colony shall neglect, deny or refuse to give the Security of him and them required by this Act, every such Vendue-Master so neglecting, denying or refusing to give such Security, as aforesaid, is hereby declared incapable of executing that Office, until such time as he or they shall give the Security as by this Act is required. [CHAPTER 268.] [Chapter 268, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed n Bradford, 1713 ed., p. 182; Basket, p. 157. The original of this act is not in the office of the Secretary of State. From the Minutes of the Council it appears that an act of this title was signed by the Governor, October 23, 1713. (See Journal of Legislative Council, p. 367.)] An Act to oblige the County of Ulster, to satisfy what that County is in arrear to Col. Jacob Rutsen, and Adrian Gerritse, Esqrs. [Passed, October 23, 1713.]792 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 269.] [Chapter 269, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1713 ed., p. 171; Baskett, p. 150. The original of this act is not in the office of the Secretary of State. This copy was made from Bradford, 1715 ed., p. 171. From the Minutes of the Council it appears that an act of this title was signed by the Governor, October 23, 1713. (See Journal of Legislative Council, p. 367.) Expired in 1720. llevived by chapter 390.] An Act for Mending and keeping in Repair the Post-Road from New-York to Kings-Bridge. [Passed, October 23, 1713.] WHEREAS the High-ways and Post-Road through Manhattens Island, leading from the City of New York to Kings-Bridge, and other the High-ways within the said City and County, are become very Ruinons, and almost impassible, very dangerous to ail Per- sons that pass those Ways, occasioned chiefly by reason of divers Disputes hapening and arising among the Inhabitants of the said hereafter kept in good Repair, Be it Enacted by the Governour, City and County, touching the Repairing and Amending the same. For the ending of which Disputes, and to the intent the same Council and Assembly, and by the Authority of the same, That so much of the said general High-ways and Roads, so far as the Fresh-wrater only, shall be Repaired and amended by the Inhabitants of ail the several Wards within the said City (except the Out-Ward) in respect to the great Charge and Expence the said several Wards are at in the Paving, Cleansing and Repairing the several Streets, Lanes and Allyes within the same; and that ail that part of the said High-ways and Roads from the said Fresh-Water to the Saw-Kill, shall be repaired, amended, and from time to time hereafter kept in good Repair by the Inhabit- ants of the Bowery Division of the said City, living within the same Limits. And that part of the said High-ways, and Roads from the said Saw Kill, together with the Saw Kill Bridge, tô the Limits of Harlem Patent, shall be, from time to time, made, repaired and amended by the several Wards within the said City, That is to say, by an equal number of Work-men of the five Wards on the South-side of the Fresh Water, and an equal num- ber of Work-men of the Out-Ward of the Bowry and Harlem Division. And ail the remaining part of the said High-ways and Roads of the said Island Manhaten, from the Limits of Harlem Patent, to the Caw’se-way of Kings-Bridge, shall be, from time to time hereafter, cleared, repaired and amended by the InhabitantsLAWS OF THE COLONY OF NEW YORK. 793 of Harlem Division, as hath been formerly done. And that the said Post-Road and High-way shall be laid out the breadth of Four Rod, and cleared the breadth of Two Rod at least. And for the better clearing, maintaining and repairing ail and every the conimon High-ways, Cause-ways and Bridges within the City and County aforesaid, Be it further Enacted by the Authority aforesaid, That the May or, Aldermen and Justices of the Peace of the said City and County at their General Quarter- Sessions, held for the said City and County, in the Month of February, next after the passing this Act, shall and may then, and so from time to time in every year, nominate and appoint Three sufficient and able Persons inhabiting within the City and County aforesaid, to be the Surveyors of the several High-ways, Bridges and Cause-ways aforesaid, for the year from thence next ensuing. And that the said Justices shall cause notice to be given to the said Surveyors, so chosen, in writing, of their said Choice. And in case of Death or Refusai, any twro or more of the said Justices of the Peace for the said City and County (whereof one to be of the Quorum) under thir hands and seals, to appoint, from time to time, others in their places; Which said Surveyors, and every of them, having no lawful Impediment, to be allowed by the said Justices, by whom thev shall be chosen, in manner aforesaid, or any two of them (whereof one to be of the Quorum) within three Weeks next after such Notice to him or them given, shall, and are hereby required to view and survey the said seve- ral High-ways, Bridges and Cause-ways within the City and County aforesaid, and consider the Defect thereof, and the best method and means that can be used for the clearing, levelling, repairing and making good the same, and make their Certiflcates thereof in writing, under their hands, or the hands of any two of them, to the Justices of the Peace of the said City and County, at their next General Quarter-Sessions held for the said City and County, or sooner, as the case may require, at a spécial Sessions to be held for that purpose, by three ôf the said Justices of the Peace (whereof one to be of the Quorum) which said Justices are hereby authorized and impowered to hold accordingly, who there- upon shall and may make such Order and Orders in and about the same, as to them shall seem good; Which said Order or Orders so to be made, shall be by the said Surveyors, and ail other Persons concerned in putting this Act in execution, duly observed and performed. And the said Surveyors are hereby impowered 100794 LAWS OF THE COLONY OF NEW YORK. and authorized to summons and give notice to such and so many of the Iniiabitants of the Wards aforesaid, as they the said Surveyors shall tliink fit, at snch times, places and seasons (as they the said Justices of the Peace, in manner aforesaid, shall order and appoint) and for so long time as the said Surveyors shall appoint, to rneet and convene with Carts and Carnages,’ Shovels, Spades, Pick-axes, Mattocks, and other Tools and Instru- ments, as by the said Surveyors shall be thought necessary for the said Work, for the amending, clearing, repairing and making good the several High-ways, Roads, Bridges and Causeways within the several Districts and Limits herein before set forth. And ail and every such Person and Persons summoned or having Notice, as aforesaid, either themselves, or a sufficient working hand for them, shall meet within their several Limits aforesaid, at the said time and place so appointed, and obey and perform such Orders and Directions as the said Surveyors (by order of the said Justices of the Peace, in manner aforesaid) shall direct and appoint. And in case any Person summoned shall not by themselves, or another sufficient Person in his place, appear, as aforesaid, every such Defaulter shall Forfeit Six Shillings current Money of this Province, for each Days absence, To be levyed (by Warrant from any one of the Justices of the Peace aforesaid, who is hereby authorized to grant such Warrant, directed to the Constable of such Ward or District where such 'Default is made) by Distress and Sale of the Offenders Goods and Chattles, at a publick Out-cry, and after payment of the said Distress and Charges, the Over-plus (if any) to be returned to the Owner. And every Team, with Cart and Waggon, and a Man to mannage the same, which the said Surveyors shall hâve occasion to use, shall be esteemed in the place of three Days Labour of one Work-man, upon pain of every Day making Default, Eighteen Shillings, like Money, to be levyed on the Goods and Chattels of the owner thereof, in manner and form aforesaid. Which said Forfeitures shall be paid to the Surveyors, to be by them disposed of in Repairing the High-ways aforesaid. Provided Nevertheless, That the Surveyors aforesaid shall imploy the respective Inhabitants within the several Wards and Districts aforesaid, justly and equally every year; and that no Person be compellable to work above eight Days in the year, nor at any time in Seed-time, Hay or Corn-Harvest. And be it further Enacted by the Authority aforesaid, That every Surveyor (who shall be so chosen and appointed in mannerLAWS OF THE COLONY OF NEW YORïd 795 aforesaid) who shall refuse or neglect to do and perform the Duties and Services required by him or them in and b y this Act, shall Forfeit Five Pounds current Money aforesaid, to be Recovered by Action of Debt, Bill, Plaint or Information in any, Court of Record held within the City and County aforesaid, withl Costs, one Third of which Forfeiture shall go to the Informer who shall prosecute the same to effect, and the other Two Thirds to be imployed by the direction of any two of the Justices of the Peace aforesaid, whereof one to be of the Quorum, in the Repair- ing and making good the High-ways aforesaid. And be it further Enacted by the Authority aforesaid, That in case any Différence or Dispute shall arise between any of the Inhabitants of the respective Wards and Districts aforesaid, or any of them, or between them and the said Surveyors, so to be chosen as aforesaid, of or concerning the Repairing or Amending the High-ways aforesaid, the same shall be settled and determined by any three of the Justices of the Peace aforesaid, (whereof one to be of the Quorum) or by the Justices at their General Quarter- Sessions, whose Order and Détermination therein, made in Writing under their Hands, shall be Conclusive to ail Parties/ And be it Enacted by the Authority aforesaid, That every Justice of the Peace within the said City and County, that shall not put the several Fines and Forfeitures imposed by this Act, in Execution, shall Forfeit severally the Sum of Five Pounds cur- rent Money of ^New-York, to be levyed, paid and applyed in such manner and form as the other Fines and Forfeitures in this Act are directed. This Act to be in Force until the first Day of June, One Thousand seven hundred and Twenty, and no longer. [CHAPTER 270.] [Chapter 270, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 175; Baskett, p. 155. The original of this act is not in the office of the Secretary of State. This copy was made from Bradford, 1715 ed., p. 175. From the Minutes of the Council, it appears that an act of this title was signed by the Governor, October 23, 1713. (See Journal of Legislative Council, p. 367.) A provision in this act was repealed by chapter 372. The act is continued by chapter 386.] An Act for the further laying out, Regu- lating and better Clearing Publick High-ways through-out this Colonv. [Passed, October 23, 1713.] For the better attaining the End designed by an Act, entituled, An Act for the laying out, regulating, clearing and preserving796 LAWS OF THE COLONY OF NEW YORK, publick common Highways thro’-out this Colony, made in the second year of the Reign of lier présent Majesty, Be it Enacted by the Governour, Council and General Assembly, and by the Authority of the same, That the Persons herein after named shall be and are hereby appointed Commissioners, and impowered, authorized and required to put the Services, intended by the said Act, in execution, through the respective Counties and Precincts for which they shall be named (that is to say, For the County of Suffolk, Capt. Benjamin Young, Mr. John Cooper, and Capt. Joseph Wickham. For Queens-County, Mr. Thomas Stephcnson, Coll. John Jackson, and Mr. James Cléments. For Kings-County, Mr. Benjamin van de Water, Mr. Joost van Brunt and Mr. Ryck Hendricksen. For the County of Westchester, Adolph Phillipse, Esq; Caleb Heathcote, Esq; Mr. Joseph Drake, Mr. John Stephen son and Mr. John Haith. For the County of Ulster, Capt. Egbert Shoemaker, Mr. Adrian Gerretsen, and Mr. Joseph Haasbroek. For Dutches County, Mr. Barent van Cleek, Mr. Jacob Vosbrugh, and Mr. Johannes Busch. For the City and County of Albany, Coll. Kilian van Ranslaer, Capt. Peter van Brugh, Major Myndert Schuyler, Capt. John Bronck, and Capt. Johannes Sanderse Glen. For the County of Orange, Mr. Peter Heringh, Mr. Albert Mennen, and Mr. Isaac Blauvelt. And be it Enacted by the Authority aforesaid, That the said Commissioners or the Major part of them respectively, for the respective Cities, Counties and Precincts for which they are nominated Commissioners, are hereby impowered and authorized to take a Re-view of the Roads already laid out, and if they find any Inconvenience in said Roads, they, or any two of them hâve power to alter the same, and lay out the High-ways or publick Roads as they shall think most convenient for Travellers, as well as the several Towns, Villages or Neighbourhoods next adjacent, Provided always, That nothing in this Act contained shall extend or be construed to impower the Commissioners aforesaid to alter anv Road that is already Commodious, so as to lay it out throügh any Improved or inclosed Lands, without the consent of the Owners thereof ; and if any Dispute shall arise by that means, the same shall be determined by anv two Justices of the Peace,LAWS OF THE COLON Y OF NEW YORK. 797 and six of the principal Free-holders of the Neighbourhood, not having any Interest in tlie Land about which such Dispute may arise. And be it further Enacted by the Authority aforesaid, That if any person or persons within this Colony baye, do or shall hereafter, without the consent of the Commissioners appointed by this Act, alter, stop up, turn aside or lessen any Highway or Road that has heretofore been laid out, or shall hereafter be laid out by the said Commissioners appointed by Act of General Assembly to lay out the same, shall Forfeit the Sum of Fiye Pounds, to be applyed by the Surveyors of each respective Town towards repairing the High-ways, to be recovered by Warrant from the Surveyors of each respective Town, or the major part of them, directed to the Constable of the Town to levy the said Dis- tress, and within six days (after publick Notice given) shall make Sale of the same, pay the Penalty and Charges, and return the Over-plus, if any be, to the Owner or Owners. And be it further Enacted by the Authority aforesaid, That if any common publick Road or High-way shall lead through any Meadow Grounds or Corn-flelds, the Dimension of the breadth of the said Road shall be, and is hereby left to the Discrétion of the said Commissioners of each respective County and Precinct, as aforesaid. And be it further Enacted by the same authority, That the Inhabitants of the Towns, Mannors and Precincts, by and through which Lands any common publick Roads or High-ways hâve or shall run, or be hereafter ascertained or laid out, are hereby obliged to clear and maintain the same, by cutting and stubbing the Brush up, pulling up the Stones that can be carried off, the breadth of a Rod, and the Limbs of Trees hanging over the said Roads to be lopt and carried off ; and so often as they or any of them shall hâve Notice from the Commissioners, Surveyors or Over-Seers of the High-ways, for the time being, through-out this Colony respectively, by themselves or Servants shall clear, level and amend the Highways, not exceeding six Days in the year, under the Penalty of Three Shillings for each Day every Person shall neglect or refuse such Service, to be levyed by the Constable in each Town or Precinct, by Distress and Sale of the Offenders Goods and Chattels, by Warrant from the Commis- sioners, Surveyors or Over-seers of the High-ways, for the time798 LAWS OF THE COLONY OF NEW YORK. being, in every County, Town, Mannor or Precinct, or the major part of them respectively, returning the Over-plus of such Sale to the Owner or Owners. Provided always, and be it further Enacted by the said authority, That ail Trees that stand in any Mans Land through which any common publick Road or Highway is or shall be laid out, be for the proper use of the Owner or Owners of the same, but shall not hinder the Publick of making use of so much Timber as will amend and repair the said High-ways running through that Land. And be it further Enacted by the said authority, That if the Commissioners for the County of Orange and Dutches County see cause to hâve any Roads laid out for a Waggon Road, the Inhab- itants of said Counties shall be hereby obliged to clear the same. And be it also Enacted by the same authority, That where any High-way from any Town or Plantation, to any Meadows, Mills, Watering or common Landing-places, shall run through any particular Persons Grounds, it shall and may be lawful for any such Person or Persons, by the approbation of the Commis- sioners of such Town, Mannor or Precinct, to place and hang good Swinging-Gates on such High-ways and keep them in repair at their own proper Costs. Provided, No Roads leading in or out of any Woods, Plains or Commons, where the Cattle belonging to any Town or Village usually pass to and from the Commons or Feeding-Ground, be clog’d or hindered by any Swinging-Gates, as aforesaid, but by the consent of the Inhabitants of the said Town or Village. And the several Gates already standing and allowed, may or shall be approved and continued, or altered, as the Commissioners herein appointed shall judge most convenient; and the same High-ways shall be amended and maintained by the Inhabitants of every Town, Mannor or Precinct where such Ways may Run. And be it further Enacted by the Authority aforesaid, That if the Over-seers of the Roads and High-ways shall think fit and hâve occasion of any Team, Cart or Waggon, and a Man to manage the same, the said Team, Cart or Waggon, shall be esteem’d to be for three Days Work of a single Man, and the Fine proportion- ably to be Tripple. A nd every Working Man shall be obliged to bring such Materials of Spades, Axes, Crows, Pick-axes, and other ütensils, as shall be directed by the Over-seers of the Highways.LAWS OF THE COLONY OF NEW YORK. 799 And be it Enacted by the said authority, That in case any person or persons shall stake or shore open any such Gâte or Gates, as aforesaid, or otherwise ride over and through any Lands,Meadow-Grounds orCorn-fields, totbe Damage of the Owner or Owners thereof, shall for every such Offence forfeit Six Shil- lings, to be applyed by the Surveyors of each respective Town towards repairing the publick High-wavs or Roads, and pay ail Damages, with the Costs, the Owner of the Soil or Tenant, shall suffer or sustain thereby, as any of her Majesties Justices of the Feace of the Town, County or Precinct, wherein such Offence shall be committed, shall détermine, whose Détermination shall be a final Judgment. And be it also Enacted by the same authority, That if any of the Commissioners appointed as aforesaid, shall neglect, refuse or delay to put the several Clauses expressed in this Act, in Execution, as aforesaid, and required, it shall and may be lawful for the Justices of the Peace, or any two of them in such County or Counties, wherein such Refusai or Neglect shall so happen, as aforesaid, to appoint another Commissioner or Commissioners in the room of those who hâve refused or neglected the Services, as aforesaid.- And be it further Enacted by the authority aforesaid, That the Commissioners appointed or to be appointed by virtue of this Act, shall hâve, take and receive Six Shillings per Day as a Reward for their care and pains in laying out and regulating the High- ways thro’out this Colony, in the same way and manner as is appointed and provided in an Act, entituled, An act for laying out, regulating, clearing and preserving publick common High- ways throughout this Colony, made in the second year of her Majesty’s Reign. And be it further Enacted by the same authority, That the High-ways in the County of Albany, shall, from time to time, be made and kept in repair by the Inhabitants of said County, as the Commissioners appointed by this Act shall order and direct, any thing contained in this Act to the contrary notwithstanding. And be it further Enacted by the authority aforesaid, That for the County of Richmond the Surveyors of the High-ways, which are annually chosen in each Division by the Inhabitants of said County, shall hâve the same power and authority for laying oiit and regulating the High-wavs within the several Divisions in said County of Richmond, and shall be liable to the same Pains,800 LAWS OF THE COLONY OF NEW YORK. Fenaïties and Forfeitures as any other the Commissioners appointed b y this Act. Proyided, That this Act shall continue in Force for Seven Years from the Publication hereof, and no longer. [CHAPTER 271.] [Chapter 271, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 178. Title only is printed in Baskett, p. 150. The original of this act is not in the office of the Secretary of State. This copy was made from Bradford, 1715 ed., p. 178. From the Minutes of the Council, it appears that this act was signed by the Governor, October 23, 1713. (See Journal of Legislative Council, p. 367.)] An Act for Dutches County to Elect a Supervizor, a Treasurer, assessors and Collectors. [Passed, October 23, 1713.] BE it Enacted by the Governour, Council and Assembly, and by the Authority of the same, That the Justices of the Peace in Dutches County, or any two of them, shall, and are hereby required to issue their Warrants to the Constables of the said County, to give warning to the Free-holders and Inhabitants in the respective Precincts thereof, to assemble and meet at the most convenient place, as the said Justices, or any two of them shall appoint, at any time before the first Tuesdav in September next, there to make choice of one Free-holder, to be Supervizor, one Treasurer, two Assessors and two Collectors, in the said County, who shall hâve the same power, Authority, Office and Func- tion, and do, perform, execute and serve, and be liable to the same Pains and Penalties as the Supervizors, Treasurers, Assessors and Collectors of the several and respective Counties- within this Colony hâve, ought or are intended to hâve, do, perform and be liable to, by one Certain Act of General Assembly, passed in the year of our Lord 1703. entituled, An Act for the better explain- ing and more effectuai putting in execution an act of general assembly, made in the 3d year of the late K. William and Q. Mary, entituled, an act for defraving the publick and necessary Charge thro’-out this Province, and maintaing the Poor, and preventing Vagabonds, until the first Tuesday in April next ensuing, and then one Supervizor, one Treasurer, and so many Assessors and Collectors to be chosen and elected annually, according to the direction of the said Act, who shall be liable to such Pains and Penalties as in the said Act is expressed.LAWS OF THE COLONY OF NEW YORK. 80L [CHAPTER 272.] [Chapter 272, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 182; Baskett, p. 149. The original of this act is not iù the office of the Secre- tary of State. From the Minutes of the Council, it appears that an act of this title was signed by the Governor, October 31, 1713. (See Journal of Legislative Council, p. 367.) See chapter 264.] An Act to take away Doubts and Scruples relating to the Letting of the Excise. [Passed, October 31, 1713.] THE FIFTEENTH ASSEMBLY. Third Session. (Begnn Mch. 24,1714,13 Anne, Robert Hunter, Governor.) [CHAPTER 273.] [Chapter 273, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 183. Title only is printed in Baskett, p. 159. Expired, June 1, 1716. See chapter 324.] An Act for Levying and paying the Several Duties therein Mentioned for the Use of this Colony. [Passed, June 21, 1714.] Be it Enacted by his Excellency the Governour, by and with the Advice and consent of the Council, and General Assembly, and by the Authority of the Same, That there be given and granted to Her Majesty, Her Heirs and Successors, the Duty and Imposition on the Tonnage of Yessels Trading in this Colony, and on Negroes and other Slaves Imported into this Plantation, hereafter expressed, That is to Say, Seven penny weight and a half in good Coyned Plate, or Bills of Crédit made Current in this Colony, to the value thereof, P. Ton, for every Ton, accord- ing to the Tonnage of the Ship or Vessel (Coasting Sloops belong- ing to the Massachusets, Rhode Island, Conneticut and the Jerseys, whilest their Navigation is to and from those parts, Ships and Vessels directlv from Great Britain, Ships and other Yessels built in this Colony, or wholly owned by the Inhabitants thereof, only Excepted,) To be paid by the Master or Commander 101802 LAWS OF THE COLONY OF NEW YORK. within Six Days after the Arrivai of his Ship or Vessel, upon Penalty of Forfaiture of Two Ounces of Plate, as aforesaid, P. Ton, to be Recovered in any of lier Majesties Courts, by the Oath of one Crédible Witness, that they hâve not paid, or Refuse to pay the Same, two Thirds of the Said Forfaiture to be paid in to the Treasury of this Colony, and the other Third thereof to him that will Sue for the Same. And be it further Enacted by the Authority aforesaid That ail Ships and Vessels of One deck, lyable to pay the Said Duty, Shall be Reported on Oath, or Guaged by the Length of the Keel on the Outside, and the Breadth of said Yessel from outside to out-side, by the Midship Beam, and the Depth of the Hould from the Ceiling to the underpart of the Deck-Plank; And for a Two Deck Ship or Yessel, the Depth of her Hould and half the Heighth between Decks to be added to the Depth of the Hould, and the Length and Breadth as hereinbefore mentioned; Thé Length of every Ship and Yessel to be Multiplyed by the Breadth, and the Product thereof by the Depth, the whole to be Divided by Ninety Five, and the Quotient of Such Division Shall be the Contents of the Tonnage of every Ship and Yessel measured, as aforesaid, accord- ing to the said Method and Rule ail Yessels shall be Measured, and the Duty Computed and paid accordingly by the Master or Owner. And be it further Enacted by the Authority aforesaid, That the Officer appointed for Collecting the Said Duty is hereby directed and required to keep a Register of ail Entries in a Book for that Purpose, and give to the Governour, Council and General Assembly of this Colony, when sitting (or either of them), and Requiring the Same, an Account fairly written of the Names of such Masters or Persons who hâve so Entered or Reported, with the Names of Such Ships or Yessels and their Tonnage, and faith- fully account for Money received by virtue of his Office. And if the said Officer Shall Suspect any Master or Comander to hâve made a short Report of the Guage or Tonnage of his Ship or Yessel, the said Officer or Such Sworn Surveyor or Guager as he Shall Imploy, Shall Immediately repair on Board such Ship or Vessell by him so Suspected, to take the true Tonnage thereof, aceording to his best Judgment, and make true Entry thereof, as aforesaid, and if it be found the Entry of the Said Ship or Yessel be short of Such Guage made by the said Officer, the Master or Per- son making such short Entry, shall Forfeit and pay Two OuncesLAWS OF THE COLONY OF NEW YORK. 80îl and a quarter of Plate, as aforesaid, for every Ton entered Short, to be Recovered & applyed as aforesaid. And be it further Enacted by the Authority aforesaid, That if any Officer belonging to her Majesties Cnstom-House in this Col- ony shall Clear any Ship or Vessel, lyable to pay the Said Duty, until it shall appear to the Said Officers, that Such Ship or Vessel hâve Entered with the Officer appointed to Collect the Duty and paid the Same, as aforesaid, he or they Shall pay double the Ton- nage of what Such Ship or Vessel out to hâve paid, to be Recov- ered and applyed in manner as aforesaid. And be it further Enacted by the Authority aforesaid, That there shall be paid the Duty of Ten Ounces of good Plate afore- said, or in Bills of Crédit made Current in this Colony, to the value thereof, by the Master or Comanderi of any Ship or Vessel, or Owner of any Negro or other Slave that Shall be Imported, pr otherwise brought into this Colony, (ail Negroes and other Slaves belonging to the Navigation of any Ship, Sloop or other Vessel, and Slaves belonging to the Neighboring Colonys, going to and from one Colony to the other, for the Service of their Master or Mistress, or Masters or Mistresses, only Excepted) within Forty Eight Hours after the arrivai of the said Negro or other Slave. And that every Master or Com- mander of any Ship or Vessel Shall within Forty Eight Hours after his arrivai within this Colony after Notice given by the Said Officer, make Oath before the Mayor of the City of New-York or any Justice of the Peace for the time being, what Number of Negroes or other Slaves he or they brought into this Colony, and to whom Consigned, and on his Neglecting or refusing to take Such Oath, Shall Forfeit and Pay Forty Pounds current Money aforesaid, to be Recovered and applyed as aforesaid. Provided always, That Negroes Imported directly from Africa, in vessels wholly owned by the Inhabitants of this Colony, shall pay only Seven Ounces and a half of Plate, or Bills of Crédit afore- said, P. head, according to the Régulation of this Act, and no more. And be it further Enacted by the Authority aforesaid, That if the Officer appointed for the Collecting the Duties aforesaid Shall Suspect any Negro or other Slave to hâve been Imported or brought in by Land or Water into this Colony, after the Publica- tion hereof, without having paid the Duty laid and required by this act, the Owner or possessor of any such Slave Shall be804 LAWS OF THE COLONY OF NEW YORK. Obliged to prove b y the Oath of one Crédible Witness, That the Said Duty has been duly paid, or that the Said Slave was Imported before the Publication hereof, on failing thereof such Person or Persons, so Suspected, Shall forfeit double the Sum laid and Imposed by this Act on each Slave Imported, as aforesaid, to be Recovered and applyed in manner before expressed. And for the better and more effectuai preventing the double payment of the Duty laid by this Act on Negroes and other Slaves, Be it Enacted by the Authority aforesaid, That the Officer appointed for the Collecting and Receiving the said Duty, Shall, in a Book to be kept for that purpose, keep an exact account of the Names of ail Negroes and other Slaves Imported, and of the Person Importing the same, the Time when, and in what Vessel Imported or brought in, as aforesaid, and shall upon the receiving the said Duty give a Receipt to the owner of the Said Slaves, expressing his or her name, the Sum Received of him, or her, the Time of his or her Importation, and in what Vessel Imported, and how brought in; which Receipt, upon the Sale of any of said Slaves, Shall be delivered by the Seller of any of the said Slaves to the Person or Persons buying the same, the better to enable him or them to make proof that the Duty laid by this Act was paid for the Same, according to the true intent and meaning thereof. And be it Enacted by the Authority aforesaid, That je Officer appointed to Collect the Duties herein before mentioned, is hereby Required to pay said Duties to be received and collected, to the Treasurer of this Colony for the Time being, and is hereby permitted to pay himself Sixty Two Ounces and a half of Plate P. Annum, for his Sallarv. And That the Officer for Collecting the Duties aforesaid, Shall Enter into Recognizance to her Majestv, her Heirs and Successors, in the Sum of One Thousand Pounds, with Security to the approbation of the Speaker of the Assemblv, for the Time being, for the due Collecting and Receiving of the Said Duties by this Act to be collected and received, and to pay the Same into the Treasury in manner aforesaid. And be it also Enacted by the same Authority, That the Moneys raised and levved by this Act Shall be disposed of and applyed as the Governour, Council and Assemblv shall Enact, and not otherwise, And this Act shall remain in full force until the first day of June, in the year of our Lord Christ One Thousand Seven hundred and Sixteen.LAWS OF THE COLONY OF NEW YORK. 805 [OHAPTER 274.] [Chapteir 274, of Livingston & Smith and Vau Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 188. Title only is printed in Baskett, p. 160. Expired, June 1, 1718. Revived by ehapter 355.] An Act for Licensing Hawkers and Ped- lars within this Province for four Years. [Passed, June 21, 1714.] Be it enacted by his Excellency the Governour, Councill and Generall Assembly, and it is hereby Enacted by the Authority of the same, That from and after the first day of june, one thousand seven hundred and fourteen, untill the first day of june, one thou- sand seven hundred and eighteen, there shalL be answered & paid to her Majesty, her Heirs and Successors, by every Hawker, Ped- lar, Petty Chapman, or any other trading Person or Persons, going from town to town, or to other mens houses, and Travelling either on foot, or with horse, horses, or otherwise, within this Province of New York (Except as hereafter is excepted) carrying to sell or exposing to sale any Goods, Wares or Merchandizes, a Duty of Ten Pounds per annum; and that every Person, so travelling with a horse or other Beast bearing or drawing Burthen shall pay the summ of Ten Pounds per Annum for each horse or other Beast bearing or drawing Burden, he or she shall so travell with over and above the said first mentioned Duty of ten Pounds. And be it further Enacted by the Authority aforesaid, That every Pedler, Hawker or Petty Chapman, and other trading Per- son or Persons, so Travelling as aforesaid, within this Province, shall before the first day of June. one thousand seven hundred and fourteen, deliver or cause to be delivered in writing under, their hands & seals, unto his Excellency the Governour of this Province, or Commander in Chief, for the time being, or such Person or Persons Deputed by them, for the time being, a Note in writing under his or her hand, or under the hand of some Person, by him, her or them Authorized in that behalf, how and in what manner he or she will travell and trade, whether on foot or with one or more horse or horses, or other Beast bearing or drawing burden for his or her so travelling and Trading, for which he or she thereupon shall pay unto her Majesty s Collector or receiver806 LAWS OF THE COLONY OF NEW YORK. General! for the time being, to be applyed towards the support of the Government of this Colony of New York, one Moiety of the Duty by this Act payable for the same, and give Security by Bond, with one or more sufficient sureties, to be taken in her JVfajesties Name, for the true payment of the other Moiety of the said duties, twelve Months after the taking of the License, unless the Party shall chuse to pay Down the other Moiety of the said Duty, in which case he or she shall be allowed after the Rate of two shillings in the Pound, for Prompt payment of the saine; and thereupon a License shall be granted unto him or her so to travell or trade, by his Excellency the Governour or Commander in Chief, for the time being, under his hand and seal. And be it further Enacted by the Authority aforesaid, That if any such Hawker, Pedlar or Petty Chapman, from and after the said flrst day of June, one thousand seven hundred and fourteen, be found trading as aforesaid, without or Contrary to such License, such Person shall for each and every such offence, for- feit and pay the summ of thirty Pounds Current Money of this Collony, the one Moiety thereof to the informer, & the other Moiety to the Poor of the Town or place wherein such Offender shall be discovered, and that every Person so trading, who upon djemand made by any Justice of the Peace, sheriff, Constable or other Officer within this Province, where he or she shall so trade, shall Refuse to Produce or show His, her, or their License, for so trading, to be granted as aforesaid, that then the Person so Refusing shall forfeit five Pounds to be paid to the Over-seers of the Poor where such demand shall be made, to the use of the Poor of that place, and for Non-payment •thereof shall suffer one Months Imprisonment. And be it further Enacted by the Authority aforesaid, & his Excellency the Governour or Commander in Chief for the time being is by this Act desired & Authorized upon the terms afore- said, and upon the Receipt & securitv given as aforesaid, to grant a License under his hand & seal to every Hawker., Pedlar, Petty Chapman, or any other trading Person for him or herself, or for him or herself with one or more horses or other Beasts bear- ing or drawing Burden, wherewith he or she travell with, as the Cases shall requîre; for which License there shall be paid the sum of ten shillings, and no more, over and above the Dutvs as aforesaid; and that the Receiver Generall for the time being shallLAWS OF THE COLONY OF NEW YORK 807 keep a Distinct Account of the Dutys Receiv’d by him by Yertue of this Act. And be it further enacted by the Authority aforesaid, That if any Person or Persons shall forge or Counterfeit any License or Licenses to travell with, such forged or Counterfeited License, for the Purposes aforesaid, such person shall forfeit the sum of fifty pounds, one Moiety thereof to her Majesty, her Heirs & Suc- cessors, to be applyed towards support of the Government of this Province, the other to him or them that shall Prosecute or Sue for the same, to be recovered by Action of Debt, bill, Plaint or Information in any of the inferiour Courts within this Colony, in which no Essoyn, Protection, wager of Law, or more then one knparlance shall be Allowed. And be it further Enacted by the Authority aforesaid, That if any Person or Persons shall be sued, molested or troubled for putting in Execution any the Powers contained in this Act, or for doing any matter or thing Pursuant thereunto, such Person or Persons shall and may Plead the Generall issue, not Guilty, and give the speciall matter in evidence; and if the Plaintiff or Plaint- iffs shall be prosecuted, or judgment be given against him or them, upon Demurrer, or Verdict pass for the Défendant, shall hâve his her or their Treble Costs, to be recovered in such manner as whereby Law Costs are given to Défendants. AND BE IT FURTHER Enacted by the Authority aforesaid, That if any sheriff, Constable, or other Officer, shall Refuse or Neglect, upon due notice, upon their own view, to be aiding and Assisting in the Execution of this Act, being thereunto required, Each and every such Officer & Officers being thereof convicted by the oath of one or more Crédible Witness or Witnesses, before any Justice of the Peace in the Place where any such Offence shall be committed, shall forfeit for each and every such Offence Corn trary to this Act, the sum of forty shillings, to be levyed by Dis- tress and sale of the Offenders Goods, by Warrant under the hand and seal of such Justice of the Peace, the one Moiety to the poor of the place where such offence shall be committed, the other Moiety to the Informer who shall Prosecute for the same, rendring the Over-plus thereof to the owner, if any be. AND BE IT FURTHER Enacted by the Authority aforesaid, That it shall and may be Lawfull for any Person or Persons what- soever to sease & Detain any such Hawker, Pedlar, Petty Chao- man, or other trading Person or Persons, as aforesaid, till such808 LAWS OF THE COLONY OF NEW YORK. lime He, she or They shall Produce a License, in that behalf, if He, she or They hâve any; and if he she or They shall be found Trading without a License, Contrary to this Act, for such Reason- able time as He, she or They may give Notice to the sheriff, under sheriff, or any of the Constables, or some other Officer or Offlcers, who are hereby required to carry such Person so seized before one or more of Her Majestys Justices of the Peace of the County or Place where such Offence or Offences shall be committed, which said Justice or Justices of Peace is and are hereby Authorized and strictly required, either upon the Confession of the Party offending or due Proof of Witness upon Oath (which he is hereby impowered to Administer) that the Person so brought before him or them, had so Traded, as aforesaid, and that no such License shall be produced by such Offender before the said Justice, by Warrant under his or their hands and seals, or under the hand and seal of any one of them, to cause the said sum of Thirty Pounds to be forth-with Levied by Distress and sale of the Offender s Goods, Wares, or Merchandize, rendring the Overplus, ii any be, to the Owner or Owners thereof, after true Déduction for the Reasonable Charge for taking the said Distress, and out of the said sale, to pay the said Respective Penaltys and For- feitures aforesaid. PROVIDED always, and be it enacted by the Authority afore- said, That this Act nor any thing therein contained shall extend to Prohibit any Person from selling any fish, fruit or yictuals, nor to hinder any Person or Persons who are the Real workers or Makers of any Goods or Wares of his, her, or their own making, in any Publick Market, fair, Markets, or elsewhere, nor any Tinker, Glazier, Cooper, Plummers, Tailor, or other Person usually trading in, mending and makeing of Cloaths, Kettles, Tubs, or Household Goods whatsoever, from going about and carrying with him or them Proper Materials for makeing & mend- ing the same. PROVIDED ALSO, AND BE IT further Enacted by the Author- ity aforesaid, That neither this Act nor any thing therein con- tained shall extend or be Construed to-give any Power for the Licensing for any Hawker, Pedler, or Petty Chapman, to sell, or expose to sale any wares or Merchandizes in the City New York and Albany. Any thing herein contained to the Contrary Notwithstanding.LAWS OF THE COLONY OF NEW YORK. 809 [CHAPTER 275.] [Chapter 275, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 191. Title only is printed in Baskett, p. 159.] An Act for Collecting and paying to the County Treasurers the Arrears of Taxes in the County of Richmond, for defraying the Publick and Necessary Charge of the same County. [Passed, June 21, 1714.] Whereas there are Sundry Arrearages of Taxes for the Defray- ing the Publick and Necessary Charge of the County of Rich- mond, that remain uncollected and in the hands of severall Col- îectors of said County. BE IT therefore Enacted by his Excellency the Governour, Council and General Assembly of this Golony, and by the Author- ity of the same, That the Severall Collectors in the County of Richmond, who were or hâve been at any time Chosen or Appointed to Levy and Collect ail or any part of the County Taxes raised in the said County, since the Year One thousand seven hundred and Nine, or in Case of Death or Removal, the Collectors for the time being, shall and are hereby directed, required and impowered to Levy and Collect the Arrears of ail or any part of said County Taxes, according to the severall Assessments thereof, and from the severall AND respective Per- sons in the said County Chargeable therewith, who hâve not paid ail or still are in Arrears for the said Taxes, or any Part thereof, and the sum so Levied and Collected, with the sums now Remain- îng in any Collectors hands of any Assessments, shall forthwith be paid unto the Treasurer of the said County, to be disposed as the Supervisors or the Major part of them shall Direct, for Defray- ing the Publick and- Necessary Charge of the said County. And be it further Enacted by the Authority aforesaid, That if any Person or Persons shall Deny, Neglect or Refuse to pay their Proportion of the said Taxes, Then it shall and may be Lawfull for the Collector or Collectors to Levy the same by Distress upon the Goods and Chattels of the Offenders, by Virtue of this Act, And to sell the same by Publick Vendue, and after the Sum Dis- 102810 LAWS OF THE COLONY OF NEW YORK. trained for and Charges being Deducted, to return the Overplus unto the Owner, if any be. AND be it further Enacted by the Authority aforesaid, That if any Collector or Collectors shall Deny, Neglect or Refuse to Collect and pay in the Money according to the true Intent and Meaning of this Act, They shall respectiyely forfeit the Sum of Twenty Pounds Current Money of New York, to be Recovered in any Court of Record within this Colony, the one half of which Forfeiture shall go to the Person or Persons that shall be wronged, injured or Delayed, and shall Sue for the same, the other half of the said Forfeiture to be paid unto the Treasurer for Defraying the Publick Charge of the said County. [CHAPTER 276.] [Chapter 276, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 206; Baskett, p. 159. See chapter 259.] An Act to Relieve Samll Steel Com- mander of the Ship Benjamin and ail others concern’d in the said Ship and Cargo from the Duty of seven and a half P. Cent Imposed by an Act of Assembly made in the Twelfth Year of Her Majestys Reign. [Passed, June 21, 1714.] Whereas Samuel Steel Commander of the Ship Benjamin hath set forth in his Pétition to the General Assembly of this Colony now met and Assembled, that in July One thousand seven hun- dred & thirteen He sailed from Bristoll for the Port of New York, being there duly Registered and cleared for a Lawful Trade and Traffick. And that by Adverse Winds He and his Company were Reduced to great Extremitys and forced to bear away for Antegua, where He was obliged to Dispose of some servants to help refit his Ship in order to proceed to this Port. And with some part of the Produce of his servants so Disposed of He Procured some Rum and Mallossosi which He took on board there. That on entring the said Rum and Mallossos the Deputy Collector of Antegua did Detain from him the Cockets which He had from Bristoll, giving to said Master a Certificate of the Contents of them under his hand and seal of his Office, Countersigned by the Comptroaler there. That upon his Arrivai at this Port the afore-LAWS OF THE COLONY OF NEW YORK. 811 said Master not having his Cockets from Bristol, Her Majestys Receiver General here Demanda the Duty of seyen and a half P. Cent for the European Gk>ods pursuant to an Act of Assembly of this Colony entituled an Act for a supply to be granted to Her Majesty for Supporting the Goyernment made in the twelfth Year of Her Majestys Reign Hnmbly praying for some suitable Relief from the Hardship of his Case. Wherefore for the ease and Relief of the said Samuel Steel and ail others concerned in the Cargo imported in that Ship, The Assembly Humbly pray his Excellency that it may be enacted, and Be it enacted by his Excellency the Goyernour Council and General Assembly of the Colony of New York, and it is hereby Enacted by the Authority of the same, That the said Samuel Steel and ail others Con- cerned in the Cargo of the said ship Benjamin be Released and Discharged and are hereby Released and Discharged from the said Huty of seyen and a half P. Cent. Laid and Impowered by Virtue of the said Act of General Assembly past in the twelfth Year of Her Majestys Reign. Enti- tuled An Act for a supply to be Granted to Her Majesty for Support of the Goyernment to be paid for ail the Goods Wares and Merchandizes taken on Board at the Port of Bristoll in the Kingdom of Great Britain in Order to be Imported into the Port of New York in this Collony and not Otherwise although the said Goods might be Comprehended within the Letter of the said Act, But not being within the intent and meaning of the same any thing in the said Act to the contrary Notwithstanding. [CHAPTER 277.] [Chapter 277, of Livingston & Smith and Van SchaackJ where the title only is printed. Printed in full in Bradford, 1715 ed., p. 192; Baskett, p. 160. Expired in 1721. See chapter 170. Revived by chapter 423. Repealed by chapter 547, and therein provided for.] An Act for Reviying an Act of Generall Assembly of this Province, entituled, an Act to prevent Damages by swine in the County of West Chester, Queens County, and the County of Richmond. [Passed, June 21, 1714.] Whereas an Act of General Assembly of this Province, made in the seventh Year of Her Majesties Reign, Entituled, an Act812 LAWS OF THE COLONY OF NEW YORK. to prevent Damages b y S wine in the County of West Ohester, Queens County and County of Richmond, is expired by its own Limitation, and the said Act having by Expérience been found to be yery Beneficiall to the said Counties. Be it therefore Enacted by the Goyernour, Councill and Generall Assembly of this Colony, and by the Authority of the same, That the said Act, and eyery Article, Clause, and thing therein con- tained, be revived and Continued, and the same Act is hereby Reyiyed and Continued, and to remain in force for and during the term of seyen Years from and after the Publication of this présent Act, and no longer [CHAPTER 278.] [Chapter 278, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in fuil in Bradford, 1715 ed., p. 186. Title only is printed in Baskett, p. 159. Expired, July 1, 1715.] An Act for a Supply to be Granted to her Majesty for Supporting the Government for the ensuing Year. [Passed, July 6, 1714.] Be it Enacted by his Excellency the Goyernour, Council and General Assembly, and by the Authority of the same, That there be given and granted to her Majesty, Her Heirs and Successors, for the Support of Her Government in the Colony of New York, for one year, Commencing from ye thirteenth Day of June, Anno one Thousand seven hundred and ffourteen, Seven thousand Ounces of Plate, of the Spanish Coyns of Sevill, Pillar & Mexico, or the value thereof in Lyon Dpllars or half Dollars, at Thirteen penny Weight and Eighteen Grains each Dollar, or in Bills of Crédit current in this Colony, to be paid to her Majesties Receiver General, for the time being, out of the Duties and Impositions herein after mentioned, to be Collected in manner foliowing, That is to say; For every Pipe of Wine, and so in Proportion for a greater or lesser Quantity Imported in Bottoms wholly owned by the Inhab- itants of this Colony, five Ounces of Plate aforesaid. For every Pipe of Wine, and so in Proportion for a greater or lesser Quantity Imported into this Colony, in Bottoms not entirely owned by the Inhabitants of this Colony, Seven Ounces and a half of Plate aforesaid.LAWS OF THE COLONY OF NEW YORK. 813 For ail European Goods Imported into this Colony from Boston, Twelve Ounces and a half of like Plate for every hundred Pounds Value prime Cost, So Imported, and so Proportionably for a greater or Smaller Quantity. And For ail European Goods Imported into this Colony from any other of her Majesties Plantacons, Eighteen Ounces and Three Quarters of Plate aforesaid, for every hundred Pounds Value prime Cost so Imported. And be it further Enacted by the Authority aforesaid, That for the due and orderly Collecting of the aforesaid Duty on Wine and European Goods, the Merchant or Owner of the said Goods shall forthwith, after He or They hâve made Entry thereof in the Custom house, deliver, Or cause to be delivered, a Copy of such Entry to the Receiver General, who after having compared.the Copy of the aforesaid Entry delivered to him, as aforesaid, which He is hereby Required forthwith to do, after the Receipt thereof, the Merchant or Owner of the said Goods shall pay or secure to be paid to the said Receiver General, within three Months after the said Entry made, the aforesaid Duty on Wine and European, Goods, and in Case the Merchant or Owner of such Wine and European Goods shall Neglect or Refuse to pay the said Duty, Then and in such Case it shall and may be Lawfull for the Receiver General to take and Detain the said Wine and European Goods until the Duty by this Act required is and shall be paid and satisfled. And be it further Enacted by the Authority aforesaid, That the sums of Money now in the hands of ye Receiver Generall of this Collony, (being what Accrued by virtue of an Act Entituled, an Act for a supply to be Granted to her Majesty for Supporting the Government, over and above the sum of seven Thousand Ounces of Plate, raised by virtue of the Act aforesaid) be paid by the said Receiver General to his Excellency Robert Hunter, Esqr, towards his Sallary for the présent Year as Governour of this Colony, in part of the Seven Thousand Ounces of Plate, raised by this Act. And be it further Enacted by the Authority aforesaid, That if upon the Treasurers Examining of the Receiver Generalls Quar- terly Accounts, which he is hereby Authorized to do, it appears That the Duties and Customs herein Granted shall not amount to the sum of pne Thousand seven hundred and flftv Ounces of Plate, in each Quarter, Such Deficiency shall be made good and814 LAWS OF THE COLONY OF NEW YORK. paid by the Treasurer of this Colony at the End of Each Quarter, by Virtue of this Act, out of the Excise or Duties on Tonnage, Slaves, Vendues or any other Publick Money, Not otherwise appropriated, to her Majestys Receiver General of this Colony, for and towards the Support of the Government of the same. And That the said Receiver General, for the time being, shall lay before the Governour, Council or General Assembly, for the time being, when Required a true Account, upon Oath, of the Receipts and payments of the Duties and Customs hereby laid and Imposed. This Act to be in force from the last Day of June this présent Year, until the first Day of July which shall be in the Year of Our Lord One Thousand Seven hundred and fifteen, and no Longer. [CHAPTER 279.] [Chapter 279, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 206; Baskett, p. 159.] An Act for the Treasurers paying to his Excellency a sum of money for Présents to the Five Nations of Indians and for his Expence in going to Albany to treat with them. [Passed August 6, 1714.] BE IT ENAOTED by the Governour Council and General Assembly and by the Authority of the same That the Treasurer of this Colony shall pay to his Excellency Robert Hunter Esqr Governour of this Colony or his Assigns the sum of One Thousand Ounces of Plate of the Spanish Coyns of Sevil Pillar or Mexico Lyon Dollars or half Dollars at thirteen Penny Weight and Eighteen Grains for each Dollar or in Bills of Crédit made Cur- rent in this Colony out of any Publick Money not otherways appropriated now in his hands or that shall be by him received, to be laid out for Présents to the five Nations of Indians at Albany and for his Excellencys Expences in going thither to treat with them. And That the Receipt of his Excellency or his Assigna shall be to the said Treasurer a sufficient Discharge of the same.LAWS OF THE COLONY OF NEW YORK. 815 [CHAPTER 280.] [Chapter 280, of Livingston & Smith, where the âct is printed in .full. Chapter 280, of Yan Schaaek, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 206. The act is printed in full in Baskett, p. 160. The original of this act is not in the office of the Secre- tary of State. This copy was made from Livingston & Smith, by whom it was copied from a London édition. From the Minutes of the Council, it appears that an act of this title was signed by the Governor, September 4, 1714. (See Journals of Legislative Council, p. 380.) Livingston & Smith and Yan Schaack, and Baskett, State that the act was confirmed by the Crown, June 17, 1715. (See copy of order in Council, confirming in Doc. Bel. to Col. His. of N. Y., Vol. Y., p. 412). Explained by chapter 291. See also chapters 450, 631.] An Act for paying and diseharging the several Debts and Sums of Money claimed as Debts of this Colony, to the several Persons therein named, and to make and enforce the Currency of Bill s of Crédit, to the Value of TWenty Seven Thousand Six Hundred and Eighty Pounds, for that Purpose; also to make void ail Claims and Demanda made, or pre- tended to be due from this Colony before the first Day of June, One Thousand Seven Hun- dred and Fourteen, and to prevent this Colony from being in Debt for the Future. [Passed, September 4, 1714.] WHEREAS there are several Persons who claim Sums of Money, as due to them from this Colony, for Services formerly done, or Money and Effects advanced by them for the necessary Service thereof, by Directions from the former Governors of this Colony, or those who hâve executed the Authority of the same; for many of which Sums of Money, Warrants hâve been drawn by the said Governors, by and with the Consent of the Council of this Colony, upon the Collector and Receiver-General for the Time being, payable out of such funds or Sums of Money, as hâve from Time to Time been raised and paid by the Subjects inhabit- ing this Colony, for the Support of the Government of the same; which Warrants nevertheless, hâve not been complied with, nor the Claimants paid ; but great Part of the Funds and Sums afore- said, misapplied, and extravagantly expended, by some of the former Governors of this Colony, contrary to the true Intent for which such Sums were raised; which Misapplication, unjust and extravagant Expending of the Revenue given by the loyal Sub-816 LAWS OF THE COLONY OF NEW YORK. jects aforesaid, to her Majesty, and to her Royal Predecessors, Kings and Queens of England, sufficient for the honourable as well as necessary Support of their Government here; has in a great Measure sunk the Crédit of the said Government; discour- aged and disabled the Subjects inhabiting therein, from raising such Supplies as they would otherwise be inclinable to do, and has occasioned the Demands now made by most of the Claimants aforesaid, for the Services done, and Sums of Money advanced by them; which, if not oomplied with in some Measure, will be the utter Ruin and Undoing of many of the said Claimants, and prove a great and irréparable Loss to most of them; And although this Colony, in strict Justice, is in no Manner of Way obliged to pay or discharge many of the said Claims, having from Time to Time provided Sums sufficient to hâve prevented most of the said Demands, had the said Sums been duly applied; yet, in Regard many of the Warrants drawn as aforesaid, hâve passed in the Nature of Bills of Crédit, and many of her Majesty’s Subjects would be great Sufferers, if not relieved; Therefore, in order to discharge the said Claims, restore the publick Crédit, and fix it on such a Foundation as will be most conducive to the Service of her Majesty, and her Royal Successors, as well as the Good of her Subjects inhabiting this Colony, and to settle and quiet the Minds of the same, bury ail Strifes, Animosities, and Divisions, that might otherwise arise, for, about, or concerning any of the said Claims, as well as in tender Commisération of the Condition of many of the Claimants, who, without any Act of General Assem- bly, are wholly Remediless; I. BE IT ENACTED by the Governor, Council, and General Assembly, and it is hereby Enacted by the Authority of the same, Tbat the Sum of Twenty-seven Thousand Six Hundred and Eighty Pounds, be, by the Treasurer of this Colony, paid to the several Persons hereafter named, their Executors, or Assigns, in such Manner as is hereafter expressed; That is to say: [Here follow the several Payments to be made to the Persons mentioned in this Act, which being undoubtedly made, and being private in their Nature, we thought it unnecessary to publish them.] n. And for the better and more effectuai preventing of the Paying over again, or undue Payment of ail or any of the Sums above mentioned, or of any Part thereof; BE IT ENACTED by the Governor, Council, and General Assembly, and it is herebyLAWS OF THE COLONY OF NEW YORK. 817 Enacted by the Authority of the same, That ail and every the Persons above-named, their Executors, Administrators, or Assigns, shall, on the receiying of the several and respective Sums directed to be paid them, as aforesaid, sign a Receipt on the Back, or some Part of each Account or Warrant, in these Words: I A. B. do acknowledge to hâve received full Satisfaction for the Money claimed by the above, or within Warrant or Account; as Witness my Hand. In which Receipt, shall be mentioned the Circumstance of the Receiver, whether Executor, Administrator, or Assign; which Warrants and Accounts, shall, by the Claimers of any of the Sums of Money aforesaid, their Executors, or Assigns, be deliv- ered to the Treasurer of this Colony, and by him carefully num- bered and kept; and Accounts of them, and the Dates, together with the Sums demanded and paid, shall be fairly entred in a Book for that Purpose, by the said Treasurer to be kept; to each of which, the Persons claiming or receiving the Money, shall sign a Receipt, as aforesaid, and shall also make Oath in the follow- ing Form : I A. B. hâve not, directly nor indirectly, formerly received the Sum now to be paid me, or any Part thereof, or any Considération of any kind whatsoever, for the Services mentioned in the War- rant or Account for which I am directed to be paid by the General Assembly of this Colony, nor any other Person for me, or by my Privity, Consent, or Procurement; nor do I know or believe, that the said Sum, or any Part thereof, or any Considération, hath been paid or given to any Person whatsoever, for the Services th'erein mentioned : So help me GOD. Which Oath, the Treasurer of this Colony for the Time being, is impowered, appointed, directed, and required to administer, to the several Persons aforesaid, or to their Executors, Adminis- trators, or Assigns, before their receiving of any of the said Sums, as aforesaid, and not otherwise to pay any of the Sums men- tioned aforesaid, or any Part thereof, to any Person demanding the same, and refusing to sign Receipts, and make Oath, as before directed. III. PROYIDED ALWAYS, That whereas several persons directed to be paid by this Act, live remote from the Habitation of the Treasurer aforesaid; BE IT THEREFORE ENACTED by the Authority aforesaid, That any Person directed by this Act to be paid any Sum of Money, every such Person may take the Oath 103818 LAWS OF THE COLON Y OF NEW YORK. before mentioned, before any >f her Majesty’s Justices of the Peace in the Colony, who are hereby impowered to* administer the same; which being certiüed by the Oath of any one Witness présent at the Time of administering the said Oath, and hearing the same, unto the Treasurer aforesaid, the said Treasurer shall pay any of the Sums aforesaid, and take Receipts, as aforesaid. IV. PROVIDED ALSO, AND IT IS HEREBY ENACTED, That his Excellency ROBERT HUNTER, Esq; shall only déclaré upon his Word and Honour, that the Sum mentioned in this Act, ls truly, and bona fide, due to him, and that he hath not received any Payment or Considération for the same, or any Part thereof. V. AND IT IS FURTHER ENACTED by the Govemor, Coun- cil and General Assembly, and by the Authority of the saine, That any Person or Persons, having given in any Warrant or Account to the Commissioner for stating of the publick Accounts, or to the Clerk of the General Assembly, and shall hereafter make Oath before the Treasurer of this Colony, or any Justice of the Peace, as by this Act is before directed; and if it shall afterwards happen to be made appear, either by the Oath of two crédible Witnesses, or by Receipts or Accounts under the Hand of the Person or Persons assigning, transferring, deliver- ing over, bringing, sending, or claiming of the Sums mentioned in such Warrant or Account, or any Part thereof, or by the Minutes or Council, or Books of Accounts of or belonging to the Auditor, Deputy-Auditor, Receiver, or Receiver-General, or Commissioner, or Commissioners for executing the Office of Receiver-General, or by any Manner of Ways or Means whatsoever; that the Sums mentioned in such Warrants or Accounts, and claimed as a Debt due from this Colony, hâve been paid and discharged, either in Whole, or in Part, before such Claims made, or Oath taken; every such Person who hath assigned, transferred, delivered over, bought, or sent any such Warrant or Account, or claimed the Sum mentioned by the said Account to be due, or any Part thereof, or receiving any of the Sums appointed by this Act to be paid, as aforesaid, or any Part thereof, and knowing that the said Sum, or any part thereof, hath been paid before ; shall repay the Sum received, and be fined to her Majesty, her Heirs and Successors, in the full Sum so claimed, to be applied towards the Support of the Government of this Colony. VT. And for the better and more speedy and effectuai Pay- ment of the several Sums before mentioned, and other the SumsLAWS OF THE COLONY OF NEW YORK. 819 appointed to be paid b y this Act; BEIT ENACTED by the Gover- nor, Council, and General Âssembly, and it is hereby Enacted by the Authority of the same, That Bills of Crédit to the Value of Twenty-seven Thousand Six Hundred and Eighty Pounds, shall be printed ; that is to say ; Fiye Hundred Sixty-eight Bills, of Twenty- fiye Ounces of Plate, or Ten Pounds Value each; Fiye Hundred Bills, of Eighteen Ounces Fifteen Penny Weight of Plate, or Seyen Pounds Ten Shillings, Value each; Seven Hundred Bills, of Fifteen Ounces of Plate, or Six Pounds Value each; Seyen Hundred and Twenty Bills of Twelye Ounces Ten Penny Weight of Plate, or Five Pounds Value each; One Thousand Bills, of Seyen Ounces Ten Penny Wreight of Plate, or Three Pounds Value each; Eight Hundred Bills, of Six Ounces Fiye Penny Weight of Plate, or Two Pounds Ten Shillings Value each; Eight Hundred Bills, of Three Ounces Fifteen Penny Weight of Plate, or One Pound Ten Shillings Value each; Ten Hundred Bills, of Three Ounces Two Penny Weight, and Twelye Grains of Plate, or One Pound Fiye Shillings each; Twelye Hundred Bills, of One Ounce Seyenteen Penny Weight and Twelye Grains of Plate, or Fifteen Shillings Value each; Fifteen Hundred Bills, of One Ounce Ten Penny Weight of Plate, or Twelye Shillings Value each; Two Thousand Bills, of Fifteen Penny Weight of Plate, or Six Shillings Value each; Four Thousand Bills, of Seyen Penny Weight and Twelye Grains of Plate, or Three Shillings Value each ; Upon which Bill, shall be impressed on the Left Side of the said Bills, about the Middle of the Side, the Arms of the City of New-York; and the said Bills shall be in the Form following, viz. THIS indented Bill, of Ounces of Plate, or due from the Colony of New-York, to the Possessor thereof, shall be in Value equal to Money, and shall be accepted accordingly, by the Treasurer of this Colony for the Time being, in ail publick Payment, and for any Fund at any Time in the Treasury. Dated in New-York, the first Day of July, One Thousand Seyen Hundred and Fourteen, by Order of the Governor, Council, and General Assembly. Which Bills shall be sign’d and numbered by Robert Walters, Esq; Robert Lurting, Esq; David Provoost, Esq; and John Cruger, Esq; or any three of them; and in Case of the Death of any of the said Persons, the said Bills shall be sign’d and num* bred by the major Part of the Persons aboyé mentioned, then alire. Which Bills of Crédit to be made and issued out by Virtue820 LAWS OF THE COLONY OF NEW YORK. of this Act, shall be, and continue currect for and during the Space and Time of Twenty-one Years, and shall be received and paid for the same Value, and equal to the current Coin passing in this Colony, for Goods, or any other Thing bought and sold by ail Persons whatsoever, residing and passing through this Colony, according to their Rates, and the Tender of the said Bills for Pay- ment, or discharging of any Debt or Debts, Bargain, Sale of Land, or other Things, Bonds, Mortgages, Specialties, and Contracts whatsoever, shall be as effectuai in the Law, to ail Intents and Purposes, as if the currect Coin in this Colony had been offered and tendred for the Discharge of the same, or any Part thereof. VIL AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons, Creditor or Creditors, Obligée or Obligées, and Party or Parties to any Contract, Cove- nant, Bargain, or Agreement whatsoever, already made, or here- after to be made, at any Time during the said Twenty-one Years, shall, upon Tender of ail or any of their Debts, Dues, and Demands whatsoever, or any Part of them, in the Bills of Crédit made current by this Act; refuse to accept or receive the said Bills of Crédit in Discharge of the said Debts, Dues or Demands, or any Part of them, according to their Value and Rates ; he, she, or they, so refusing to accept the said Bills of Crédit in Dis- charge, as aforesaid, shall lose the said Debt or Debts, Sum or Sums of Money, or such Part of the same, so refused; and they and every of them, their and every of their Heirs, Executors, or Administrators, shall for ever be barred from bringing his, her, or their Action for the Recovery of the said Debt or Debts, Sum or Sums of Money, so refused, as aforesaid; and the Défendant may plead this Act in Bar to any Action or Actions that shall be so commenced. vm. AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons whatsoever, within this Colony, shall, during the said Twenty one Years, offer to sell, or expose to Sale, any Goods or Chattels, Lands or Tenements what- soever, and deny or refuse to sell, or ask a greater Value for the same, unless Payment be made in current Silver Money, Gold Plate Dollars, or other Species whatsoever, and not in the said Bills of Crédit (whereby the Crédit of the said Bills may be impaired) then, and in such Case, the person so exposing to Sale, and refusing, as aforesaid; shall, if the Goods or Chattels exposed to Sale, be under the Value of Five Pounds, Forfeit the Sum ofLAWS OF THE COLONY OF NEW YORK. 821 Forty Shillings for each Offence, to be recovered before any Jus- tice of the Peace within this Colony, upon the Oath of any Two Witnesses; and if the Value of the Goods or Chattels, Lands and Tenements, be above Fiye Pounds, and under Fifty Pounds, the Exposer to Sale shall forfeit the Sum of Five Pounds; and if the Gcods or Chattels, Lands or Tenements, be above the Value of Fifty Pounds, and under One Hundred Pounds, the Exposer to Sale shall forfeit the Sum of Ten Pounds; and if the Value of the Goods or Chattels, Lands or Tenements, be above One Hundred Pounds Value, the Exposer to Sale shall forfeit Fifty Pounds; to be recovered by Action of Debt, in any Court of Record within this Colony, with Cost of Suit; the first Forfeiture to the Use of any Person that shall sue, for the same; the other three For- feitures, the one Half thereof to the Use of such Persons as shall sue for and prosecute the same to Effect; the other Half to the Use of the Queen, her Heirs and Successors, to be applied towards the Support of the Government of this Colony; any Law, Custom or Usage to the Contrary, in any wise notwithstanding. IX. AND BE IT ENACTED by the Àuthority aforesaid, That the Persons appointed for the Signing of the said Bills of Crédit, shall take an Oath before any one Justice of the Peace of this Colony, for the true Signing and Delivering of ail the said Bills of Crédit, and no more than the Number mentioned in this Act, to the Treasurer of this Colony, according to the true Intent and Meaning of this présent Act. X. AND BE IT ENACTED by the Authority aforesaid, That the Quantity of Plate that each Bill shall be current for, and the Value of the same, be printed on the Top of each Bill. XI. AND BE IT ENACTED by the Authority aforesaid, That Robert Walters, John Cruger, Robert Lurting and David Provost Esqrs, appointed hereby to sign the Bills of Crédit made currenïby this Act, shall, for such their Service, hâve paid unto each of them, or each of their Executors, or Assigns, by the Treasurer aforesaid, in Bills of Crédit made current by this Act, the Sum of Fifty Pounds, as a Reward for their Trouble, in signing and numbring the Bills aforesaid. Xn. AND BE IT ENACTED by the Authority aforesaid, That if any Person or Persons whatsoever, shall présumé to counter- feit any of the said Bills of Crédit, he, she, or they, being con- victed thereof, shall incur the Pains and Penalties of Felony, without Benefit of Clergy, and shall suffer accordingly.822 LAWS OF THE COLONY OF NEW YORK. XHI. And that the said Bills of Crédit may be truly and bona fide sunk, as the Fund arising by Yirtue of an Act, entitled, An Act for laying an Excise on ail Strong Liqnors retailed in this Colony, is paid unto; the Treasurer of this Colony for the Time; being; RE IT ENACTED by the Governor, Council, and Greneral Assembly, and it is hereby Enacted by the Authority of the same, That Robert Walters, John Cruger, David Provost, and Robert Lurting aforesaid, or the major Part of them living, or that shall be living, shall twice yearly and every Year, viz. on the first Day of June, and on the first Day of December, audit the Accounts of the Money received by Yirtue of the Act aforesaid; and shall within one Week thereafter, affix, Advertise- ments in the most publick Places of the City of New-York, setting forth what Quantity of Money hath been received, and is in the Treasurer’s Hands, by Virtue of the Act aforesaid ; which Money shall, by the Treasurer aforesaid, be given in Exchange for Bills of Crédit made current by this Act, to any Person or Persons bringing in the same; and the said Bills of Crédit shall, on or before the Expiration of one Month after the Time of such Audit, be sunk and destroyed, in Presence of Robert Walters, Robert Lurting, John Cruger, and David Provoost, or the major Part of them then alive, appointed by this Act to audit the Accounts of the said Treasurer, having first compared the said Bills of Crédit with their Counterparts, and entred into a Book, to be kept for that Purpose, the Number and Yalue of such Bill of Crédit so sunk and destroyed: But if it so happen, that ail, or any Part of the Sums arising by Yirtue of the Act aforesaid, shall be paid unto the Treasurer of this Colony in Bills of Crédit aforesaid ; that then, and in such Case, the said Bills shall be sunk in Man- ner aforesaid, immediately after the said Account of the Treasurer is audited, and publick Notice shall be given of the Yalue of the Bills so sunk and destroyed, as also of the Quantity of Money in his Hands (if any be) within the Time before prescribed. XIY. IT IS ALSO ENACTED by the Authority aforesaid, That the Treasurer shall receive no other Bills of Crédit for the Funds arising by Yirtue of the Act before mentioned, than those made current by this Act, until ail the said Bills shall be sunk; any Thing to the contrary in this or in any other Act notwithstanding. XY. AND BE IT ENACTED by the Authority aforesaid, That the now Treasurer of this Colony shall, within one Month after the Publication of this Act, take the foliowing Oath, viz.LAWS OF THE COLONY OF NEW YORK. 823 I A. B. appointed Treasurer of the Colony of New-York, will faithfully and trnly discharge the Trust reposed in me, as Treas- urer of the same: I will not issue, or cause to be issued or paid, any Money that now is, or may hereafter corne into my Hands, as Treasurer aforesaid, otherwise than is, or shall be directed by an Act or Acts of the General Assembly of this Colony; and I will keep true and faithful Accounts of ail the Money or Effects that has been, is, or may corne into my Hands, or be issued or paid by Virtue of any such Acts, with the Time of my receiving and paying of the same. So help me GOD. XYI. And in Case of the Death or Removal of the now Treasurer of this Colony, the Treasurer for the Time being, to be nominated and appointed by the General Assembly of this Colony, shall, upon his taking upon himself the Office of Treasurer aforesaid, take the Oath before mentioned; to be administred by any one of her Majesty’s Council, or any Justice of the Peace in this Colony, who are hereby impowered, directed, appointed, and required to do the same; and any Treasurer neglecting or refusing to take such Oath, shall be disabled from executing that Trust; and any of her Majesty’s Council, or Justices of the Peace, refusing to administer the said Oath, when by the Person appointed Treasurer of this Colony required to do the same; shall, for every such Refusai, forfeit the Sum of Five Pounds; to be recovered by the said Person appointed Treasurer, or any other Person that will sue for the same, in any Court of Record within this Colony, wherein there shall be no Essoign, Protec- tion, or Wager of Law, or any more than one Imparlance; and the said Treasurer shall notwithstanding execute the said Office of Treasurer; any Thing in this Act to the Contrary in any wise notwithstanding; And each of the Auditors appointed by this Act, to audit and examine the Accounts of the said Treasurer, with Relation to the Money received by Virtue of the Act afore- said, entitled, An Act for laving an Excise on ail Strong Liquors retailed in this Colony; and to see, compare, and sink the Bills of Crédit as by this Act is directed, shall take the following Oath, viz. I A. B. appointed to audit and examine the Accounts of the Treasurer of this Colony, will truly, faithfully, and impartially, examine and audit the said Accounts, and compare and sink the said Bills of Crédit, as directed in an Act, entitled, An Act for the Paying and Discharging the several Debts and Sums of Money claimed as Debts of this Colony, to the several Persons824 LAWS OF THE COLONY OF NEW YORK. therein named; and to make and enfore thé Currency of Bills of Crédit to the Value of Twenty-seven Thousand Six Hundred and Eighty Pounds, for that Purpose; also to make yoid ail daims and Demanda made or pretended to be due from this Colony, before the first Day of June, in the Year of our Lord One Thou- sand Seven Hundred and Fourteen; and to prevent this Colony from being in Debt for the future: And will truly and faithfully do and perform, according to my best Skill and Ability, every Thing directed and appointed by the before mentioned Act, for me, as Auditor, to do and perform. So help me GOD. XVH. AND BE IT FURTHER ENACTED by the Authority aforesaid, That any Person or Persons, who shall neglect or refuse to demand of the Treasurer aforesaid, the Sum or Sums of Money appointed by this Act to be paid to him, her, or them, and to takè the Oath appointed by this Act to be taken by the Claim- ers or Receivers of the Sum or Sums of Money so demanded or received, within Twelve Months after her Majesty’s Royal Assent to this Act is signified in this Colony; every such Person so neglecting or refusing, shall for ever hereafter be precluded and debarred from receiving any of the said Sums appointed by this Act to be paid them. XVH3. AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Persons before named, appointed to audit and examine the Accounts of the Treasurer, as aforesaid, shall, for such Examination and Auditing, receive the Sum of Fortv Shil- lings, each Time of their Examining and Auditing such Accounts; to be paid by the said Treasurer, out of the Fund arising and accruing by Virtue of the Act aforesaid, entitled, An Act for laying an Excise on ail Strong Liquors retailed in this Colony: And if it shall so happen, that after the Time of Twelve Months after her Majesty’s Royal Assent to this Act is signified in this Colony, there be any Bills in the Hands of the Treasurer of this Colony, not demanded within Twelve Months, as before directed; such Bills are, by the Auditors and Treasurer herebv directed, be first sunk, and an Account of the Sums mentioned in the said Bills, and the Numbers of them, together with the Names of the Persons neglecting or refusing to claim the Sums of Money appointed to be paid by this Act, fairly entred in a Book to be kept fqr that Purpose. XIX. AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Treasurer of this Colony for the Time being, shall keep an exact Account of the particular Sum and Sums ofLAWS OF THE COLONY OF NEW YORK. 825 Money, paid by Yirtue, and according to the Direction in this Act, with Receipts or Discharges from the Per son or Persons, their Executors, or Assigns, to whom the said Sums are payable, at any Time to be produced by him, for Yiew and Examination of the Governor, Council, and General Assembly of this Colony, or either *of them, on Penalty of making good and refunding any Sum or Sums of Money which shall not be so youched and dis- charged, according to the true Intent and Meaning of this Act. XX. And whereas sufficient Notice hath been given, so that ail Persons having any Claim upon this Colony, might hâve brought in their said Claims; TIS THEREFORE ENACTED by the Governor, Council, and General Assembly, and by the Authority of the same, That the Sums paid by Yirtue of this Act, shall be taken, deemeid, esteemed, and accounted, to be an abso- lute, full, and entire Satisfaction, for ail the Claims made, and Debts said to be due from this Colony; and the Persons bringing, claiming, or demanding the same, their Heirs, Executors, or Administrators, shall for ever be precluded and debarred from claiming, demanding, or receiving any other Payment, Acknowl- edgment, or Reward for the said Claims, or any Part thereof, than what is before mentioned and appointed by this Act; and ail Persons what soever, are by this Act, for ever precluded and debarred, from pretending or making any Claim for the Payment of any Service or Services, Goods, Wares, Merchandizes, or Effects, done, advanced, or expended by them, or any of them, their, or either of their Predecessors, Constituents, or Imployers, or by any Per son or Persons what soever, for the Use of this Colony, at any Time before the first Day of June, in the présent Year of our Lord, One Thousand Seven Hundred and Fourteen. XXL PROYIDED ALWAYS, AND IT IS HEREBY FUR- THER ENACTED, That neither this Act, nor any Part thereof, shall be construed to debar any Person or Persons having a Right to the same, from claiming and receiving from the Receiver General of this Colony, by Yirtue of a Warrant drawn by the Governor in Council, their Part, Share, and Proportion, of the Sum of Two Thousand eight Hundred Pounds, raised by an Act of Assembly of this Colony, for and towards the Support of the Government of the same. And provided also, That neither this Act, nor any Part thereof, shall be construed to bar the Ohief Justice that now is, or any Member or Officer of the General Assembly that now is, or that heretofore hath been, from claiming 104826 LAWS OF THE COLONY OF NEW YORK. or demanding the Salaries, Fees, or Rewards due to them, as Members or OflBicers of the said General Assembly. XXH. BE IT ENACTED by the Governor, Council and General Assembly, and by the Authority of the same, That ail Monies whatsoever, that shall for the future be raised by Act or Acts of General Assembly in this Colony, and directed by the said Act or Acts to be lodged in the Hands of the Treasurer of the same, shall not, on any Pretence whatsoever, be disposed of, but by Virtue and Direction of the said Act or Acts, or of a_i Act or Acts of General Assembly for that Purpose to be made; and ail Monies whatsoever, raised or accruing by Virtue of any Act or Acts of General Assembly of this Colony, made or to be made, for and towards the Support of the Government of this Colony, and by the said Act or Acts appointed and directed to be lodged in the Hands of the Receiver General for the Time being, appointed or to be appointed by her Majesty, her Heirs, or Successors, shall be issued by Warrants sign’d by the Governor, or Commander in1 Chief for the Time being, in Council, by and with the Consent of the greater Part of the Council then présent. XXIII. AND BE IT ENACTED by the Authority aforesaid, That the Treasurer of this Colony for the Time being, shall pay in the Bills of Crédit made current by this Act, unto each of the Persons hereafter named, the several Sums of Monev hereafter expressed; that is to say; [Here follow again several Payments, which are omitted for the Reason before.] XXIV. AND BE IT ENACTED by the Authority aforesaid, That the Sum of Ninety Pounds, in Bills of Crédit aforesaid, be paid by the Treasurer of this Colony, for printing the said Bills of Crédit. XXV. PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, That noue of the Bills of Crédit intended to be made current by this Act, shall be sign’d, or pass current within this Colony, before this Act, as also an Act, entitled, An Act for laying an Excise on ail Strong Liquors retailed in this Colony, published the flfteenth Day of October, One Thousand Seven Hundred and thirteen, be, and are passed her Majesty’s Royal Assent, and the said Assent be first signified within this Colony; any Thing in this Act to the Contrary notwithstanding.LAWS OF THE COLONY OF NEW YORK, 827 [CHAPTER 281.] [Chapter 281, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford, 1715 ed., p. 203; Baskett, p. 199. Baskett States that this act was conûrmed, February 13, 1718.] An Act for preventing the Multiplicité of Law Suits. [Passed, September 4, 1714.] BE IT ENACTED b y his Excell the Governour Council and General Assembly [of this Colony and by the Authority of the same,] That if any two or more dealing together, be indebted to each other upon Bonds Bills, Bargains, Promises, Accounts or the like and one of them Commence an Action in any Court of this Colony if the Défendant cannot gainsay the Deed Bargain or Assumption upon whlch he is sued, It shall be Lawfull for su ch Défendant to Plead payment of ail or any part of the Debt or sum demanded Giveing Notice in Writeing with the said plea of what he will Insist upon at the Tryall for his Discharge and give any Bond, Bill, Receipt, Account or Bargain soe given Notice of in Evidence, and if it shall happen that the Défendant hath fully paid or satisfied the Debt or sum demanded, The Jury shall find for the Défendant and Judgment shall be Entred, That the plaintiff shall take nothing by his Writ, and shall pay the Costs. And if it shall appear that any part of the sum demanded is paid, then so much as is found to be paid shall be Discounted, and the Plaintiff shall hâve Judgment for the Residue, only with Costs, of Suit. But if it appear to the Jury that the Plaintiff is over paid, then they shall give in their Verdit for the Défendant and withal Certify to the Court how much They find the Plaintiff to be indebted or in arrear to the Défendant more than will answer the Debt or sum demanded and the Sum or Sums so certify’d shall be Recorded, with the Verdict, and shall be deemed as a Debt of Record; and if the Plaintiff refuse to pay the same, the Défendant for Recovery thereof shall hâve a scire facias against the Plaintiff in the said Action, and hâve Execution for the same with the Costs of that Action, any Law usage or Custom to the oontrary in any wise Notwithstanding.828 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 282.] [Chapter 282, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 199. Title only is printed in Baskett, p. 201. Expired, September 4, 1716. Revived by chapter 335.] An Act for Encouraging the Indian trade at Albany. [Passed, September 4, 1714.] Whereas great Endeavours hâve, from time to time, been used by her Majesties Governours and Commanders in Chief of this Colony to settle a Trade and to hâve Commerce with such Indian Nations as live beyond our five Confederated Nations, which in Process of time might not only be very Advantagious, but also of great Security to the Fronteers of this Colony at and near Albany, in time of War; And several of the said Indians being lately corne to the City of Albany, in order to Trade with the Inhabitants thereof, but severall Private Persons, not Regarding the Safety of this Colony, but only Designing their own Private Lucre, hâve and do daily use many Indirect means to Engross the said Trade into their hands, by their Contrivance with those who are Employed by the said Indians to carry them in their Waggons to Albany, and having* once gotten the Peltry, Beavers; or other furrs of the said Indians, in their Possession, hinder them to make the best of their Market, to the Ruine of the said Trade, and the alienation of the affections of the said Indians from this Colony, and instead of securing the friendship of the said Indians, will, if not prevented, cause them to be our Enemies, for the preventing whereof, and that the said Trade may be fairly man- aged to the best Advantage and Security of this Colony, BE IT Enacted by his Excellency the Governour, and Council, and Assembly, and it is hereby Enacted by the Authority of the same, That No person or persons who shall at any time or times here- after be Imployed by the said Indians to carry them, or any of their Wives or Children, their Peltry, Beavers or other Furrs in his or their Waggons, from any place in the County of Albany, shall not bring them or either of them, or their said Effects, any nigher to the said City, than the Limitts or Bounds of the same Extend to the South or Northward, and on the Westward, no less than Six hundred Yards distance from the stockadoes of the said City, upon pain of forfeiting the sum of five Pounds Lawfull Money of New-York, for every Indian, Male or female, or any ofLAWS OF THE COLONY OF NEW YORK. 829 their said Effects so carryed in his or their Waggons, contrary to this Act, to be recoyered in the Mayors Court of the said City of Albany, by Bill, Plaint or Information, wherein no Essoyn, Pro- tection, wager of Law, or any more than one Imparlance shall be admitted or allowed. And be it further Enacted by the Authority aforesaid, That if any Person or Persons within the said City of Albany shali at any time or times hereafter suffer any of the said Indians, or their Peltry, Beayers or other Furrs, to remain in his or their houses, Ware-houses or shops after sun set, or at any other time of the night, Eyery Person or Persons so offending shall for eyery Indian, or his or their Effects so found there, after the time afore- said, forfeit the sum of thirty shillings Current Money aforesaid, to be recoyered before the Mayor, Recorder or any of the Aldermen of the said City. And be it further Enacted by the Authority aforesaid, That it shall and may be Lawfull for the high-sheriff of the said City & County, or his Deputy or Deputys, at any time before the hour of Ten at night, to search the houses, Ware-houses or shops of such Person or Persons, within the City aforesaid, where such Indian or Indians are suspected to be, remain, or are Entertained after the time aforesaid, and finding any such Indian or Indians there, or their Peltry, Beavers, or other furrs, to order the Master or Mistress of the said house, Ware-house or shop, to turn the said Indian or Indians, & their Effects aforesaid, out of Doors which if he or she shall Refuse or neglect immediately to do and perform, such Person or Persons shall forfeit for eyery such Offence, oyer and aboyé the thirty shillings before mentioned to be paid for Entertaining or suffering any of the said Indians in their houses, Ware-houses or shops after sunset, as aforesaid, the sum of Fiye Pounds Current Money aforesaid, to be recoyered in the Mayors Court at Albany aforesaid, in manner aforesaid. And for the preyenting the abuses which of late haye been put upon the said Indians by Persons who haying got any Peltry Beaver or other furrs belonging to the said Indians, or any of them, in his or their Possession, constrain them to trade with! them on their own terms, and the said Indian or Indians for want of Lawfull Eyidence, not being able to proye that his, her or their goods are soe detained from them or any of them. Be it Enacted by the Authority aforesaid, That upon Com- plaint made by the said Indian or Indians, so abused, as aforesaid to the Mayor, Recorder or any of the Aldermen of the City afore830 LAWS OF THE COLONY OF NEW YORK. said, of an y Person or Persons refusing to deliver unto them, or any of them, their or either of their Peltry, Beaver or other furrs, which they may hâve hrought into the houses, Warehouses or shops, or otherwise are corne to the Possession of ye Person or Persons complained of, whereby he or they are debarr’d from having the free Disposition thereof, that it shall and may be Lawfull to and for the said Mayor, Recorder or Aldermen to whom snch Complaint shall be made, to cause such Person or Persons to be summoned and brought before him, to be Examined of upon or Concerning the Premises, and upon his or their deny- ing of having any Peltry, Beaver or other furrs belonging to the Complainant or Oomplainants, the said Mayor, Recorder or Alderman is and are hereby impowered to Administer an Oath to the Person or Persons so denying to hâve any of the Goods aforesaid,- belonging to the Complainant or Oomplainants, in his, her or their Possession, to make true and direct answer to the matter of the Complaint aforesaid; and every such Person or Persons refusing to take the said Oath, in manner aforesaid, shall forfeit the sum of five Pounds Lawfull Money aforesaid, to be recov- ered in the Mayor’s Court aforesaid, in manner aforesaid (which said sum is to be applyed for the Defraying the Necessary Charge of the said City) and make such further satisfaction to the party grieved, as by the said Court shall be directed and appointed. And be it further Enacted by the Authority aforesaid, That if any Person or Persons within the City and County of Albany, shall, and do at any time or times hereafter, buy or trade with any Christian or Christians, Indian or Indians, any Deer, Buck or Doe-Skins in the hair, that are not in season, or having flesh, bones or Claws on them, shall forfeit for every such skin so bought or traded for, the sum of five shillings Current Money aforesaid, to be recovered before the Mayor, Recorder or any of the Alder- men of the City aforesaid, who are hereby further directed to cause every such Skin & Skins to be publickly burned. And be it further Enacted by the Authority aforesaid, That the Mayor & Aldermen of the said City do on or before the first day of January next Ensuing ye Date hereof, appoint a good and sufficient person to Visit, Survev and Inspect ail Deer, Buck and Doe-skins as shall be Exposed to sale by any Christian in the said City, or offered to be ship’d off, with Power to seize ail such Skins as aforesaid, that are not in season, or hâve flesh, bones or Claws on them, and deliver them to the Mayor, Recorder, or any of the Aldermen aforesaid, in order to be burned; andLAWS OF THE COLONY OF NEW YORK. 831 the persan or persons so Exposing them to be sold, or offering to ship them ofl, to be fined for every such Skin by the said Mayor, Recorder or aldermen, the sum of five shillings Current Money aforesaid; And the said Mayor, Recorder and alderman are hereby fully Impowered to appoint such reasonable fees to the said Person so by them to be appointed, for his trouble and paina as they in their Discrétion shall think ht. And be it further Enacted by the Authority aforesaid, That no Deer, Buck or Doe-skins in the hair shall be transported by land or Water out of the said City and County, before they hâve been surveyed and Inspected by the Person thereunto to be appointed, as aforesaid, on the Penalty of five Pounds Current Money aforesaid, to be paid by the party that shall cause the same to be transported contrary to this Act, to be recovered in the MayoPs Court aforesaid, in manner aforesaid. And be it further Enacted by the Authority aforesaid, That if any Master of any Sloop, Boat or Cannow shall receive or take on board his said Vessell any Deer, Buck or Doe-skins, as aforesaid, without a Certificate from the Person so appointed to Survey the same, that they hâve been duly surveyed by him, Every such Master and Masters shall forfeit for every such ofïence the sum of five Pounds Lawful Money aforesaid, to be recovered in the Mayors Court aforesaid, in manner aforesaid. And be it fùrther Enacted by the Authority aforesaid, That it shall and may be Lawful to and for the said Mayor, Recorder or any of the Aldermen of the said City, upon Complaint to them or any of them made, or upon suspicion that such skins, as aforesaid are shipped on board any Vessel for Transporting the same out of the said City and County, by Warrant under his hand and seal, to order and Direct the person so appointed to Survey the same, to go on board of any Vessel, and search for such skins, and upon finding any of them on board such Vessel, for which no Certificate has been obtained, in manner aforesaid, to cause them to be seized and brought on shore to the said Mayor, Recorder, or any of the Aldermen aforesaid, and the owner of the said Skins shall forfeit the same, with Double the Value thereof, to be recovered in the Court aforesaid, in manner aforesaid. And be it further Enacted by the Authority aforesaid, That ail the Fines and Forfaitures arising by this Act not herein par- ticularly disposed of, are by the said Mayor, Recorder and Aldermen to be disposed of, for the use of the baid City, for and towards the defraying the Necessary Charges thereof, and the832 LAWS OF THE COLONY OF NEW YORK. other half to the Informer, any Law, Usage or Custome to the Contrary hereof in any wise Notwithstanding. This Act to Con- tinue for and During the space of two Years, and no Longer. [OHAPTER 283.] [Chapter 283, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715, ed., p. 196; Baskett, p. 199. Expired, December 24, 1721. Provided by chapter 414.] An Act for Regulating Fences for the several Citys and Countysi within this Colony. [Passed, September 4, 1714.] Whereas the Respective Citys and Countys within this Colony of New York are so Circumstanced as to hâve Different and Distinct Ways in the Improvement, Tillage & Pasturage of their Lands, Gardens, Orchards and-Meadows, and that it is altogether Neces- sary that the said respective Citys and Countys may be made Capable in the Law to make Prudential Rules, Orders and Direc- tions for the Making, amending and Maintaining their Customary Circular, and Pertition Fences. Be it therefore Enacted by his Excel] ency the Governour, Councill and General Assembly, and by the Authority of the same, That the Freeholders and Tenants in Possession of every town mannor & Precinct within feach'City and County withini this Colony, are hereby Impowered annually, after the Publication of this Act, to meet and Assemble themselves together, at such times and places as shall be appointed and Directed under the hands and seals of any two of her Majesties Justices of the Peace, one whereof to be of the Quorum, in which meetings the said Free holders and Tenants in Possession, are by this Act Impowered, by the Majority of Votes, to make and Establish such Prudential Orders, Rules and Directions for the making, Maintaining and Amending of their Accustomary Partition and Circular Fences for their Lands, Gardens, Orchards and Meadows, as they shall judge most Proper and Convenient, which Orders, Rules and Directions, so made as aforesaid, being Entered upon the OPublick Records of such City, Town or Oounty, shall remain and be of full force until the several and Respective Free-holders and Tenants in Possession shall think fit, by the like Majority of Votes, to alter ail or any part of the aforesaid Orders, Rules and Directions, so made as aforesaid, which Alteration & Alterations, from time to time, being Likewise Entered upon Record, as aforesaid; shall Continue and Remain in full force until the same be New made and Altered, as aforesaid.LAWS OF THE COLONY OF NEW YORK. 833 And whereas the Free-holders and Tenants in Possession in some of the Citys and Countys cf this Colony, are Accustomed to make Circular fences, for the Surrounding their Land and Meadows which they Manure, Either in Tillage or Pasturage, by which means great Quantitys of Lands and Meadows are Surrounded by the said Circular Fence, and those who are in *the Middle of said Lands and Meadows, hâve their Fields secured by the said Fence, without Contributing their Proportion of the Charge of the said Fence, To the end the same may be remedied for the future, Be it further Enacted by the same Authority, That if any Lands or Meadows shall lye within any Circular fence, except where any Town within this Colony hâve already agreed to the Contrary, the Owner or Possessor thereof shall in Proportion to the Quantity of Land and Meadow they hâve within the said fence, Pay and Contribute to the making and Maintaining the said Fence. And if any Person or Persons shall Deny, Neglect or Refuse to pay, make and Maintain, or Contribute his or their Proportion of the said Circular Fence, as afore- said, then it shall and may be Lawful for any Justice of the Peace of said County, Residing near where such Default shall happen, upon Yiew of the said Defect, to assess the Proportion of the said Fence, as aforesaid, and Levy the same, by Warrant under his hand and seal, directed to the Constable of the Precinct where such Default shall happen, upon the Goods and Chattels of him or them who shall so hâve Land and Meadows within the said Circular Fence, and shall nor will not make, Contribute or pay towards making the same, to be applyed to the making of the said Circular fence, Returning the Over- plus, if anv be, the Charge of Distress and sale being first Deducted. And be it further Enacted by the Authority aforesaid, That where any Person or Persons already hâve, or hereafter shall set his or their fence in the Partition Line, on Lands and Meadows between him or them, his or their Neighbour or Neighbours, they shall make and Maintain the Division-fence Equally between them; and if either of them Refuse or Neglect so to do, then the other may make and repair the said Division Fence wholly, and shall Recover the Charges of the Party or Parties Refusing, by Action of Debt, if above forty shillings, in any Court of Record, if under forty shillings, before one of her Majesties Justices of the peace, as thé same shall be valued by the Over-seers of the Fences, appointed bv this Act, and said Charge so Valued, as aforesaid, shall be Levyed on the Goods and Chattels of the Party or Partys so Refusing, as aforesaid; if above forty shillings, witli the Cost of Suit, bv Execution Directed to the Sheriff ; if under forty shillings, by Warrant under the hand and Seal of one of her 105834 LAWS OF THE COLONY OF NEW YORK. Majestys Justices of the Peace, directed to the Constable, Returning the Overplus, if any be. ' And be it further Enacted by the same Authority, That the severall and Respective Free-holders and Tenants in Possession, at the times of their Annual Meetings, as by this Act is Directed, are hereby Impowered to make Choice of two sufficient Persons to be Viewers, Over-seers and Judges of ail and every the Respective Fences within each City, Town, Mannor and Precinct, for the Ensuing Year; and ail or any of the Over-seers and Yiewers of Fences, so Chosen, as aforesaid, that shall Deny or Refuse to perforai the Duties and ser- vices incumbent by him or them to be done, Pursuant to the true Intent and Meaning of this Act, ail and every such Person or Persons so Deuying and Refusing, shall forfeit and pay the sum of five Pounds Current Money of this Colony, to be recovered in the Court of Com- mon-Pleas in the City or County where the Refusai and Déniai shall happen to be made, and apply’d to the Defraying the Publick Charge of the said City and County Respectively. And be it further Enacted, that it shall and may be lawfull for the Mayors, Aldermen and Commonalty of the Citys and Countys of New- York and Albany, for the time being, in Common Council Conven’d, to make such further Orders, Rules and Directions, for the making, Amending, and Maintaining the Partition Fences between the Freeholders and Tenants in Possession, of the several and respec- tive Lotts, Gardens and Orchards, within their several and Respective Jurisdictions, as they shall Judge most Proper and Convenient, and to lay such Fines, Forfeitures and Amerse- ments on the Person or Persons Denying, Neglecting or Refusing to obey such Orders, Rules and Directions so to be made by them Respectively, as aforesaid, as they shall think fit, and to Amend and alter the same from time to time. And be it further Enacted by the Authority aforesaid, That ail acts of General Assembly formerly made within this colony, for such part as Relates to Fences, be and are hereby Repealed, and every Clause and Article therein Contained, to ail Intents, Constructions and Purposes. Provided always, and be it further Enacted by the Authority afore- said, That the Height of the out-side Fences for the County of West- Chester, shall be four foot and four ïnches, and not under, and the height of the Partition Fences four foot, & not under, as also, that the Height of both out-side and in-side fences for Queens county shall be four foot, and not under. This Act to remain in force during the time of seven Years, and no Longer.LAWS OF THE COLONY OF NEW YORK. 835 [CHAPTER 284.] [Chapter 284, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 193. Title only 1s printed in Baskett, p. 198. Continued by chapter 301.] An Act for appointing Commissioners to let to farm the Excise throughout this Colony. [Passed, September 4, 1714.] Whereas by an Act of the General Assembly of this Colony made in the Twelfth Year of Her Majesties Reign Entituled an Act for laying an Excise on ail Strong Liquors retailed in this Colony it is amongst other things Enacted. That there shall be given and Granted nnto Her Majesty Her Heirs and Successors from the first Day of November in the Year of Our Lord Seven- teen hundred and Fonrteen until the first Day of November which shall be in the Year of Our Lord Seventeen hundred and Thirty four for the Uses in the said Act mentioned and Expres’d an Excise upon ail strong Liquors retailed throughout this Colony under the Quantity of five Gallons (Beer and Cyder only Excepted) to wit, the eighth Part of an Ounce of Sevil Pillar or Mexico Plate for every Gallon so Retailed and likewise three Quarters of an Ounce of ye said Plate for every Barrel of Beer and Syder to the end therefore That the said Duty of Excise may be orderly Collected and Managed to the best Advantage for and towards the uses in the said act Expres’d. Be it Enacted by the Governour Council and General Assembly and by the Authority of the same That the Persons herein after Named shall be and are hereby appointed Commissioners for the Year Ensuing to let the said Excise to farm throughout the Respec- tive City s and Countys of this Colony for which they shall be Named that is to say. For the City and County of New York John Cruger Esqr and Mr. Phillip Schuyler. For the City and County of Albany Philip Livingstone and David Schuyler Esqrs. For the County of Suffolk Mr. Andrew Gibb For Queens County Major Isaac Hicks Esqr For Kings County Collo Richard Stilwell Esqr For the County of Westchester Capt. Joseph Budd836 LAWS OF THE COLONY OF NEW YORK. For the County of Ulster Major Johannis Hardenbergh and Mr. Johannis Rutsen. For Dutekess County Capt. Leendert Lewis For the County of Richmond Abraham Lakeman Esqr For the County of Orange Capt. John Corbitt And be it furtlier Enacted by the Authority aforesaid That the said Commissioners respectively for the Citys or Countys for which they are Named are hereby required authorized and Impowered to let to Farm the Aforesaid Excise in their Respective Citys and Countys to the several Retailers of strong Liquors dwelling witkin the same on the first Tuesday in October or at any time thereaf ter for such sum or sums of Money as the said Commissioners respectively in their Discrétions shall tkink fit for the better advancement of the Duty and Excise granted by the said Act Publick Notice being first given of the time such farming is appointed to be made by affixing advertisements thereof in the most Puklick places in each respective City Town Mannor and Precinct Ten Days at least before the time the sanie is to be farmed as aforesaid, and the said Commissioners are hereby required to take good Securitys by Recognizances with sufficient Sureties of ail and every Person or Persons that shall farm the same as aforesaid wrkich each Respective Commissloner is hereby Impowered to take with Condition That they pay the same quarterly by equal and even payments into the hands of the Respective Com- missioners that shall let the same who are hereby appointed to receive the same and also after two Months after the same excise or any part thereof shall be let to farm or agreed for to Transmit to the Treas- urer of this Colony a true Account of the sum and sums the «same has been let to farm for according to the Intent of this Act. And be it further Enacted by the Authority aforesaid That it shall and may be Lawful to and for the said Commissioners respectively to Examine upon Oath every Retailer they shall respectively agréé with for the Excise aforesaid what they paid for the same formerîy And be it further Enacted by the Authority aforesaid That it shall and may be Lawful to and for the said Commissioners Respectively and they are hereby required and Impowered to Sue ail and every such Retailer and Retailers their Surety and Suretys that shall not duly pay the sum and sums of Money he she or they hâve agreed for to pay for the Excise aforesaid at the time and times in their several Recognizances Mentioned and Express’d before any three of Her Majesties Justices of the peaceLAWS OF THE COLONY OF NEW YORK. 837 one whereof to be of the Quorum of tke City or County where such Retailer or Retailers do Résidé, who are hereby Authorized and Impowered to make out Process against such Retailer or Retailers and finally to hear and Détermine the same and Award Execution upon his her or their Recognizance or Recognizances against the Goods and Chattels Lands and Tenements of the said Retailer or Retailers his her and their Surety and Suretys any Laav Usage or Custorn to the Contrary hereof in any wise Notwithstanding. And be it further Enacted by the Authority aforesaid That the said Commissioners and eArery of them do enter into Bond or Recognizance to Her Majesty her heirs and Successors at or before the first Day of October next with sufficient Suretys to be approyed of at least by two of Her Majesties Justices of the Peace of each Respective City and County within this Colony. For the City and Countv of New York the sum of Twelve hun- dred Pounds. For the City and County of Albany the sum of two hundred Pounds. For the County of Ulster the sum of Sixty Pounds For Dutches County the sum of Twentv Pounds For Orange County the sum of Twenty Pounds For Westchester County the sum of sixty Pounds. For the County of Richmond the sum of Sixty Pounds For Kings County the sum of sixty Pounds. For Queens County the sum of One hundred & Fifty Pounds And for Suffolk County the sum of one hundred and Fifty Pounds, with Condition That they pay Quarterly by even and equal Payments into the hands of the Treasurer of this Colony for • the time being who is hereby appointed to receive the same ail such sum and sums of Money as They shall hâve respectively received for the Excise aforesaid within Thirty Days after the same is corne RespectiArely to their or either of their hands together with an Exact Account of what is not by them received and for which they hâve put the Recognizances in Suit if any there be, which when recovered they are forthwith to pay into the Treasurer in manner aforesaid. And be it further Enacted by the Authority aforesaid That the said Commissioners and every of them shall and may retain in his and their hands out of the Moneys arising by the said Duty and Excise for their trouble and services the sum and sums herein after mentioned and Express’d that is to say.838 LAWS OF THE COLONY OF NEW YORK. The Commissioners for the City and County of New York tke sum of seven and a half P. Cento. The Commissioners for the City and County of Albany the sum of seven and a half P. Cento. The Commissioner for the County of Suffolk the sum of ten P. Cento. The Commissioner for Queens County the sum of ten P. Cento. The Commissioner for Kings County the sum of ten P. Cento The Commissioner for the County of Westchester the sum of ten P. Cento The Commissioner for the County of Ulster the sum of ten P. cento The Commissioner for Dutchess County the sum of ten P. cento The Commissioner for the County of Richmond the sum of ten P. cento The Commissioner for the County of Orange the sum of ten P. cento. And be it further Enacted by the Authority aforesaid That upon the Publication of this Act ail and singular the Powers and Authoritys heretofore Granted to the Mayor and Aldermen of the City of New York, the Mayor and Aldermen of the City of Albany the Mayor and Aldermen of the borough Town of Westchester and the Justices of the Peace of the other Countys of this Colony for the letting the Excise to farm in and by the aforementioned Act of Assem- bly made in the Twelfth Year of Her Majesties Reign Entituled an Act for laying an Excise on ail strong Liquors retailed in this Colony shall cease and Détermine and become absolute Void and ail the Articles and Clauses in the said Act contained so far as they relate to the Powers therein and thereby given and Granted to the said Mayors Aldermen and Justices of the Peace for the letting the Excise to Farm are hereby to ail Intents and Purposes repealed and declared Null and Void The said act or any other Law Usage or Custome to the contrary hereof in any wise Notwithstanding. And be it further Enacted by the Authority aforesaid That if any of the Respective Commissioners Appointed by this Act shall Dye Deny or Refuse to serve then it shall and mav be Lawful for The Mayors & Aldermen within the Citys of New York, and Albany and the Justices of the peace in the Severall Countys within this Colony or the Major part of them under their hands and Seals to Appoint other Commissioners in their Stead and the Commissioners soe appointed shall hâve the Same power and Authority as the Com- missioners hereinbefore appointed until the Governour Councill and Assembly shall either Oonfirm them or appoint others.LAWS OF THE COLONY OF NEW YORK. 839 [CHAPTER 285.] [Chapter 285, of Livingston & Smith and Van Schaack, where tke title only is printed. Title only is printed in Bradford, 1715 ed., p. 206. Printed in full in Baskétt, p. 195. Expired, September 4, 1721.] An Act to Entitle Garret De Graeuw and his Assigns to the Fishery of Porpoises dur- ing the Terni of seven Years. [Fassed, September 4, 1714.] Whereas the Fishery of Porpoises and other Fishes of that Nature will tend to the benefit of Trade in this Colony, and add to the facilitating the returns of the same; And Whereas Garret De Graeuw in his Pétition presented to the General Assembly has set forth, That bv certain New Inventions by him found out he has perfectly enabled himself and is actually ready to the sure and successfull carrving on the said Fishery, humbly praying, That, in regard of his peculiar Industry and great Charge, It may be Enacted in his Favour and for his Encouragement That none but the said Garret De Graeuw his Executors Administrators and Assigns shall be permitted to carry on the said Fishery by the same Inventions for a certain Term of Years. Be it enacted by his Excellency the Governour, the Council and General Assembly, and by the Authority of the same, That no person or persons whatsoever, from and after the Publication of this Act, shall undertake or présumé to carry on the Fishery of Porpoises and other Fishes of that Nature by the said Inventions in the seas, Harbours, Rivers and other Waters within this Col- ony, for and during the Term of seven Years, but the said Garret De Graeuw bis Executors Administrators and Assigns, to whom only the sole benefit, profit and Advantage arising from the said Fishery by the said Inventions shall belong and appertain. Saveing nevertheless the Right of her Majesty her heirs and Ruccessors. And be it further Enacted by the said Authority, That if any person or persons, from and after the Publication of this Act, shall undertake or carry on the said Fishery, by the Inventions of the said Garret De Graeuw contrary to and Frustrating the true intent and meaning of this Act, he or They shall forfeit and pay the sum of one hundred Pounds Current Money of this Col- ony of New York to be recovered in any Court of Justice within this Colony by Action of Debt, one half thereof to her Majesty840 LAWS OF THE COLONY OF NEW YORK. lier Heirs and Successors, and the other half to the said Garret De Graew his Executors Administrators or Assigna wlio shall sue for and recover the same And be it further Enacted by the Authority aforesaid, That in Case the said Garret De Graeuw, his Executors Administrators or Assigns, do not within the time of Twelve Months from the publication hereof putt his said Inventions in Effectuai Practice and execution then it shall and may be lawful for any other per- son or persons to undertake and carry on the said Fishery, with- out incurring the penalty mentioned in this Act, any thing con- tained in this Act to the Contrary hereof in any wise Notwithstanding. [CHAPTER 286.] [Chapter 286, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1715 ed., p. 206; Baskett, p. 195.] An Act for the Treasurers paying the Moneys therein mentioned. [Passed, September 4, 1714.] BE IT Enacted by the Governour Council and Assembly and by the Authority of the Same, That the Treasurer of this Colony Doe, out of the publique Money now in or that shall hereafter corne into his hands, pay unto Roger Mompesson Esqr his Executors Adminis- trators or Assigns the Sum or Quantity of Nine hundred Seventy tive Ounces of Sevill Pillar or Mexico plate for his Services donc to this Colony for three Years, ending the thirteenth Day of June last past in this présent Year of Our Lord One thousand seven hundred, and thirteen; And that the Receipt or Receipts of the said Roger Mompesson his Executors or Administrators or Assigns to the said uTreasurer shall be a sufficient discharge unto him for the Same. [CHAPTER 287J [Chapter 287, of Livingston & Smith and Van Schaack, where the title [only is printed. Title only is printed in Bradford, 1715 ed., p. 206; [Baskett, p. 195.] An Act for the Treasurers paying the Arrears Due to the Clerk, and Door-keepers to the General Assembly of this Colony, And Pay- ing the printers Salary. [Passed, September 4, 1714.] Be it Enacted by His Excellency the Governour Council and General Assembly, and IT IS hereby Enacted by the Authority of theLAWS OF THE COLONY OF NEW YORK. 841 Sanie, That the Treasurer of this Colony for the time being shall and is hereby required and direeted to pay in good plate of Sevill, Pillar and Mexico, or Dollars and half Dollars equal to the Value of thir- teen penny weight and eighteen Grains each Dollar, or Value in Bills of Crédit of this Colony, out of any publick Money that is or shall corne into his hands, to Gabriel Ludlow Clerk to the Assembly, the Widow of William Churchill late Doorkeeper, and Cornélius Post the présent Doorkeeper to the Assembly, such Sum and Sums of Money respectivelv as shall appear under the hand of the Speaker of the said Assembly for the time being, to be due to the Persons afore- said. The Receipts of which said several & respective persons their executors or Assigns, shall be to the Treasurer of this Colony a suiïicient discharge for so much as any of the said persons shall receive of the same. AND BE IT further Enacted bv the Authority aforesaid, That the said Treasurer shall likewise pay unto William Bradford, his Execu- tors or Assigns, the Sum of four hundred and twenty-five Ounces of good plate for three Years Salary, ending the thirteenth Day of June Anno one thousand seven hundred and thirteen, And the Sum of One hundred Ounces of plate for Printing the Bills of Crédit made Current in this Colony in the Tenth Year of Her Majesty’s Reign. And the Sum of fifty five Ounces of good plate for two and twenty books of Acts of Assembly delivered by Order of the House of General Assembly of this Colony. And The Receipts of the said William Bradford his Executors or Assigns for the several and respective Sums shall be to the said Treasurer a sufficient Discharge. [CHAPTER 288.] [No law is inserted under this chapter number. This chapter number is amitted from Livingston & Smith, apparently by mistake of the printer, !ind is merely inserted here in order to preserve uniformity of numbering n conformity therewith.] [CHAPTER 289.] [Chapter 289, of Livingston & Smith and Van Schaack, where the title >nly is printed. Printed in full in Bradford, 1715 ed., p. 203; Baskett, p. 96. Livingston & Smith and Van Schaack, state that the act was •epealed by the King, January 20, 1721.] An Act for shortening of Law Suits, and Regulating the Practice of the Law. [Passed, September 4, 1714.] Be it Enacted by Governour, Council and General Assembly, Ind it is hereby Enacted by the Authority of the same, That 106842 LAWS OF THE COLONY OF NEW YORK. everj Person on whom a Capias is served by the Sheriff, or other Proper Officer, sball enter his Appearance at the Court to which the said Capias is Returnable, or give in Spécial Bail to the Action, as the Law and Nature of the Cause requires; and in case such Person do's Neglect or Refuse to enter such Appear- ance, or give such Spécial Bail, as aforesaid, the Bail Bond shall be Assigned, unless the Court do’s think fit to allow a further time for the putting in of spécial Bail, which They may do at their Discrétion; Always Provided, such time shall not exceed the Terni of Twenty Days in the Suprême Court, and Ten Days in the Inferiour Courts. And be it Enacted by the Authority aforesaid, That every Plaintif: shall File his Déclaration in the Clerks Office during the sitting of the Court, to which such Capais is Returnable; or in case time is allowed by the Court, at or before the Expiration of such time so allowed, and shall give Oyer of the Specialties or other Instruments mentioned in the said Déclaration, together with Copies of the same, to the Défendant or his Attorney, or leave them in the Clerks Office, on Penalty of being Non-suited, in Case the Plaintiff or his Attorney neglect to do the same. And every Défendant shall File his Plea in the Clerks Office, and give Oyer of such Instruments as are mentioned in ye said Plea, together with Copies of the same to the Plaintiff or his Attorney, or to the Clerk of the Court in which the Déclaration is filed, within such time as is hereafter Directed, That is to say, to the Clerk of the Supream Court within Ten Days after such Déclaration is filed, and to the Clerk of anv Inferiour Courts of common Pleas, within Twenty Days after the Déclaration is filed, and if the Défendant shall Neglect or refuse to enter his said Plea within the times by this Act directed and appointed: That then and in such Case, Judgment shall be enter’d against him foi such his Default. And if it so happen y’t Réplications or Rejovnders are Neces sary to be made, such Réplication shall be filed by the Plaintif in the Clerks Office of the Supream Court, within twenty Day* after the time appointed by this Act for filing the Plea, and in th< Clerks Office of any of the Inferiour Courts of Common Pleas within twTentv Days after the time appointed by this Act for filinj the said Pleas or be non suited. And the Rejoynder shall be filei by the Défendant in the Clerks Office of the Supream Cour within tw7enty Days after the time appointed by this Act, for fil îng the Réplication and in the Clerks Office of any of the InfeiLAWS OF THE COLONY OF NEW YORK. 843 iour Courts of common Pleas within twenty Days after the time appointed by this Act for Filing the said Réplication, and if the Défendant Neglect or Refuse to file such Rejoynder within the time prescribed by this Act, then Judgment shall be enter’d against the said Défendant so Neglecting, for such his Default; and where further pleadings are not Necessary, Issue shall be Joyned, and the case tryed the next Court after that to which the Capias was returned; and where further Pleadings are Necessary, the time of such Pleadings shall be appointed by the next Court following. And be it further Enacted by the Authority aforesaid, That the Plaintiff shall corne to Tryall the next Court after Issue Joyned, or be Non suited, unless the Court see cause to the contrary; And if the Défendant do’s not appear upon the Tryal, the Plaintiff shall Proceed in his Default. Provided always and it is hereby further Enacted by the Authority aforesaid, That in case of a Nonsuit, or Judgment by Default, no Execution shall Issue thereupon till after the next Court following such Non suit or Judgment by Default. And be it Enacted by the Authority aforesaid, That every Person dosiring the same, shall be permitted and allowed to enter Appear- ance, and plead his own cause or causes himself, or by his Attorney or by both, in anv Court of Record within this Colony. And be it Enacted by the Authority aforesaid That ail Process shall be sealed by the Respective Clerk of each Court of Record within this Colony, and ye Writs of Capias shall be signed underneath on the right hand by the Clerk, and on the left by the Plaintiff or his Attorney, otherwise the Writ shall abate. And be it Ehacted by the Authority aforesaid, That every Attorney on filing a Déclaration or Plea in any Cause, shall enter his Warrant of Attorney, and leave a Coppy thereof in the Clerks Office, under the Penalty of paying ail the Costs, And the Action shall Discon- tinue. And every Attorney having undertaken, or that shall undertake to Plead a Cause or Causes, shall manage the same, until it be fully Determined (unless Discharged by his Imployer) under the Penalty of paying ail the Cost and Damage that shall be sustained by his Imployer or Imployers* if the cause shall hap- pen to Miscarry through his Default, to be recovered by such as shall be agrieved, from such Attorney or Attorneys by Action of Debt in any Court of Record within this Colony. And be it Enacted by the Authority aforesaid, That when any Nonresident of the Countv where the Action shall be brought, shall844 LAWS OF THE COLONY OF NEW YORK. take out a Writ of Capais against an Inhabitant, he shall give bond unto ye Défendant, with Security dwelling in the said County, in the Penalty of ten Pounds upon Condition to pay the Costs if Cast Non suited, Discontinue or withdraw kis Suit without Consent of the Défendant, which Bond shall be left with the Clerk of that Court in which the Action is commenced. And when any Non résident of this Province shall take out a Writ or Capais against any Per son within this Province, He shall give Bond unto the Défendant, with Security, dwelling in the said Province, in the Penalty of Ten Pound upon con- dition to pay the Cost if Cast, None suited, Discontinue or withdraw his suit without the Consent of the Défendant which Bond shall be left with the Clerk of the Court in which the Action is Commenced. And any Clerk Neglecting to take such security, shall pay the Défend- ants Costs, to be recovered, as aforesaid. And in ail Actions above the Value of Ten Pounds, the Défendant shall give spécial Bail, if required, except in Actions of Slander, Quare Clausum freigit, Assault and Battery, unless it be otherwise ordered bv the Court And be it Enacted by the Authority aforesaid, That no Person or Persons whatsoever, after Publication hereof, shall Commence, sue or Prosecute any Suit or Action whatsoever, in ye Supream Court of Judicature of this Colony, wherein the true and real cause of Action shall not exceed the sum of Twenty Pounds of Current Money of this Colony, over and above ail the Costs and Charges of the Suit (Except where Titles of Land are any ways concerned) under the Penalty of paying to the Défendant ail his Costs & Damages which shall Accrue by such Prosecutions to be recovered by Action of Debt in any of the Inferiour Courts of common Pleas within this Colony. And be it further Enacted by the Authority aforesaid, That no Suit or Action Whatsoever (except where Titles of Land are con- cerned) shall be removed fror the Inferiour Courts of Common Pleas of any County within this Colony, by habeas Corpus, or any otherwise, unless by Writ of Error after ïudgment given, except where the sum or value of the Suit or Action Commenced, as aforesaid, shall exceed the sum of Twenty Pounds, Current money aforesaid. And if any Person or Persons shall Remove, any Action contrary to the true intent and meaning of this Act, he she or they so offending shall pay to the partv or parties injured ail the Costs and Damages sustained by such Removal, to be recovered as aforesaid, any Law Custom, or Usage, to the contrary Notwithstanding. And be it further Enacted by the Authority aforesaid, That if any Person or Persons shall bring a Writ of Error upon a Judgment obtained in any of the Inferiour Courts of Common Pleas, Return-LAWS OF THE COLONY OF NEW YORK. 845' able to the Supream Court, such Person or Persons shall give Security, within ten days after the Writ of Error is brought, to prosecute.his Writ of Error to Effect and to pay Double the Costs of the other party, if the Judgment given in the said Inferiour Courts shall be affirmed. Provided always, That no Execution shall Issue upon such Judg- ment of the Court of Common Pleas, after the Plaintiff in Error hath given Notice to the Défendant, by showing him or his Attorney the said Writ, unless He shall Neglect to give in security as aforesaid. And be it further Enacted by the Authority aforesaid, That ail Process, Tleadings, Entries and Proceedings Whatsoever, in ail the Courts of Judicature within this Colony shall be in the English Tongue. THE SIXTEENTH ASSEMBLY. First Session. (Begun May 3, 1715, 1 George I; Robert Hun ter, Governor.) [CHAPTER 290.] [Chapter 290, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 222; Baskett, p. 215. Expired, July 19, 1720, but provided for by chapter 552.] An Act for Preserving of Oysters. [Passed, May 19, 1715.] Be it Enacted by the Governour Council & General Assembly & by the Authority of the same, That from & after the Publica- tion of this Act, it shall not be Lawfull for any Person or Persons Whatsoever (Native free Indians only excepted) from &> after the first day of May, until the first day of September Annually to gather, Rake, take up, or bring to the Market, any Oysters what- soever, under the penalty of Twenty shillings for every Offence, to be recovered before any of His Mat’ys Justices of the Peace, who are hereby Authorized & required to hear & finally Déter- mine the same, one half thereof to him, her or them, that shall prosecute the same to Effect, & the other half to the Poor of the place where the Offence shall be Comitted. And be it further Enacted by the Authority aforesaid That it shall not be Lawfull for any Negro, Indian or Mâletto Slave to Sell any Oysters in the City of New York at any time whatsoever, upon the Penalty of Twenty Shillings for every Offence to be paid by the Master or Mistress of Such Slave or Slaves, to be recovered and applyed as aforesaid. This Act to be in force from the Publi- cation hereof During the term of five Yeares, & no Longer.846 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 291.] [Chapter 291, of Livingston & Smith, where the act is printed in full. Chapter 291 of Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 236; Baskett, p. 203. See chapter 280.] An Act for the better Explaining One Act of General Assembly past in the Year of Our Lord One thousand seven hundred and fourteen Entituled, An Act for paying and discharging the several Debts and Sums of Money Claimed as Debts of this Colony, to the Several Persons therein named; And to make and enforce the Currency of Bills of Crédit, to the Value of Twenty seven thousand six hundred and eighty pounds for that Purpose. Also, to make void ail Claims and Demands made or pretended to be due from this Colony before the first Day of June, One thousand seven hundred and fourteen And to prevent this Colony from being in Debt for the future. [Passed, May 19, 1715.] FOR the preventing and resolving ail disputes, doubts and mis- constructions that hâve been made, or may happen and arise, in, about or upon One Act of General Assembly, made and past in the Year of Our Lord One thousand seven hundred and fourteen, Entituled, An Act for paying and discharging the several Debts and Sums of Money Claimed as Debts of this Colony, to the Several persons therein named and to make and enforce the Cur- rency of Bills of Crédit to the Value of Twenty seven thousand six hundred and eighty Pounds for that purpose. Also, to make void ail Claims and Demands made or pretended to be due from this Colony before the first Day of June, One thousand seven hun- dred and fourteen And to prevent this Colony from being in Debt for the future, BE IT Enacted by the Governour Council and General Assembly, And it is hereby Declared and Enacted by the Authority of the Same, That nothing in the said Act is meant or intended, or shall or may be construed to extend to hinder, barr or exclude any person or persons whatsoever, having any just Claifn or Demand on this Colony, who at the Time of the making and passing One Act of General Assembly, made in the Eleventh Year of the Rèign of Her late Majesty, Queen Anne, (of blessedLAWS OF THE COLONY OF NEW YORK. 847 Memory) Entituled, An Act to appoint Commissioners to Examine and State the several Claims alleged as Debts of the Governipent, Or at the time of the making and passing The said Act of Assem- bly, Entituled, An Act for paying and discharging the Several Debts and Sums of Money Qaimed as Debts of this Colony, & Was within the Age of Twenty one Years, Feme Go vert, None compos Mentis, Imprisoned, or Beyond the Seas, BUT that ail and every such person or persons, having any just Claim or Demand on this Colony, after their coming to, or being of full Age, Dis- covert, of Sane Memory, at Large, and returned from beyond the Seas, (or in Case of his, her or their remaining beyond the Seas, by his, her or their Attorney, Agent or Commissioner) Shall and lawfully may make and pursue any such their just Claim and Demand, and obtain and hâve such Remedy and Relief, as if the said Act of Assembly, Entituled, An Act for paying and discharg- ing the Several Debts and Sums of Money Claimed as Debts of this Colony, &c., had never been made, Any thing in the same or any other Act of Assembly to the contrary hereof in any wise notwithstanding. [CHAPTER 292J [Cliapter 292, of Livingston & Smith, where the act is printed in full. Chapter 292, of Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 207; Baskett, p. 204. Continued by chapter 393. See chapter 431.] An Act for a Supply to be granted to his Majesty for supporting his Government in the province of New York & for Striking Bills of Crédit for that Purpose. [Passed, July 5, 1715.] FOR the better defraying the publick and necessary Charges and 7 Expenses of this his Majesties Government BE IT ENACTED by the Governour Council and General Assembly And it is hereby enacted by the Authority of the same That from and after the first day of July in this présent year there be raised levyed Collected & paid the several and respective Dutys & Customs hereafter specifyed which are hereby given and Granted unto his Majesty his heirs and Successors for the space and Term of five years. FOR every pipe of Wine that shall be imported into this Colony directly from the place of its Growth production or Manufacture the sum of seven Ounces and a half of plate of the Spanish Coins of Sevill pillar or Mexico or the value thereof in Lyon Dollars or half Dollars at thirteen pennvweight and eighteen Grains each Dollar or in Bills848 LAWS OF THE COLONY OF NEW YORK. of Crédit Current in this Colony and so in proportion for ail Greater & Smaller Quantités imported as aforesaid. FOR every pipe of Wine Imported from any other place then that of its Growth production or Manufacture the sum of fifteen Ounces of plate aforesaid and so in proportion for a greater or lesser Quantity. FOR every Gallon of Rum Brandy or other DistilPd Liquors imported directly from the place of its production or manufacture the sum of fifteen Grains of plate aforesaid. FOR every Gallon of Rum Brandy or other DistilPd Liquors not directly imported from the place of its production or Manufacture or imported in any vessel which has Traded Traffickqued or Broke Bulk in any other port or place after the same has been loaden on board here and before her coming into this Colony, the sum of thirty Grains of plate aforesaid Cases of Evident necessity only excepted. FOR every hundred weight of Cocoa imported directly from the place of its Growth or from any Island part or place of the West Tndies one Ounce of plate aforesaid FOR every hundred weight of Cocoa not directly imported from the place of its Growth or from any Island part or place of the West Indies Two ounces of plate aforesaid FOR ail European Goods imported into this Colony from Boston twelve Ounces and an half of like plate for every hundred pounds value prime Cost & so in proportion for a greater or Smaller quantity FOR ail European Goods imported into this Colony from any other of his Majesties plantations Eighteen Ounces and three Quarters of plate aforesaid for every hundred pounds value prime Cost so imported & so in proportion for a Greater or smaller Quantity FOR every Negro imported directly from Africa in Yessels wholly own’d by the Inhabitants of this Colony five Ounces of plate afore- said and no Greater or other sum whatsoever any former or other Law to the contrary hereof in any wise Notwithstanding. FOR every Negro or other Slave imported from the West Indies Twelve ounces and a half of plate aforesaid & no greater or other sum whatsoever any former Law to the contrary hereof notwithstanding FOR the Tonnage of ail Vessells trading into or out of this Colony the sum of seven penny weight and an half of plate aforesaid for each Ton and no Greater or other sum whatsoever Coasting Sloops belonging to the Massachusetts Rhode Island Connecticut or New Jersey whilst their Navigation is to & from those parts Ships directly from Great Britain Ships and other vessells built in this Colony or wholly owned by the Inhabitants thereof only excepted any former Law to the contrary notwithstandingLAWS OF THE COLONY OF NEW YORK. 849 AND be it furtker Enacted by the Authority aforesaid tliat for tbe Effectuall collecting the aforesaid Duties imposed by this Act on the Tonnage of vessells & on Negroes in manner aforesaid the person or persons appointed or to be appointed for Collecting the same shall be invested with ail & every the powers and Autlior- itys mentioned and Contained in an Act of General Assembly of this Colony past in the thirteenth year of her late Majestys reign Entituled an Act for levying & paying the several Duties therein mention’d for the use of this Colony and the said respective Dutys shall be Levyed Collected & paid under the same pains and pen- altys Régulations Restrictions Conditions & forfeitures & in like manner and method as is prescribed and directed in and by the said Act any Law Custom or usage to the Contrary in any wise notwithstanding AND be it further Enacted by the Authority aforesaid that ail Bread & flower exported from this City of New York be brought to his Majestys Beam & weighed and that there be paid for weighing the same unto his Majesty his heirs and Successors the sum of ten Grains of plate aforesaid for every hundred weight so weighed. PROYIDED nevertheless that ail & every person or persons inclinable to Transport any Bread or flower without weighing the same which they are hereby permitted to do shall be obliged beforé he or they ship the same to Deliver a Copy of his or their entry of said Bread or flower made by him or them in the Custom Hou se to the weighmaster or his Deputy and at the same time pay unto the said Weighmaster or his Deputy for the use of his Majesty his heirs and Successors the sum of five Shillings for every sixteen half Barrells of flower & two shillings and six pence for every eight Barrells of Bread & so in pro- portion for a greater or smaller quantity. And that ail Cocoa whether Imported or Exported be brought to the Beam aforesaid and weighed & that there be paid to his Majesty his heirs and Successors the sum of thirty Grains of plate aforesaid for every hundred weight of Cocoa so weighed & so in Proportion for any greater quantity, And be it further Enacted by the Authority aforesaid that for the better & more Regular collecting, & paying the rates and Dutys hereby given and Granted for the weighing the goods Wares & Merchandizes before mention’d Ail & every person & persons who shall Export from or Import into the City of New York any of the said Goods Wares and Merchandizes of the weight or Quantity aforesaid without weighing the same at 107350 LAWS OF THE COLONY OF NEW YOEK. his Majestys Beam and answering & paying the rates and Dutys aforesaid sball forfeit & pay the sum of ten shillings for every hundred weight so imported or Exported as aforesaid contrary to the meaning of this Act without weighing the saine at his Majestys Beam as aforesaid to be recovered before any one of his Majestys Justices of the Peace of the said City one half to his Majesty his heirs and Successours and the other half to him who shall prosecute or sue for the same and for the Due & orderly collecting the rates & Dutys before imposed on Wine Eum Brandy or other DistilPd Liquors and European Goods and Cocoa & for pieventing frauds and Embezlements of those rates & Dutys BE IT further Enacted by the Authority aforesaid that the Master Mate or Purser of ail and every Ship or Shipps Vessel or Vessells That shall corne into any Creek port or Harbour within this prov- ince to Trade or Traffickque shall repair and Corne to his Majestys Custom house and there make report of ail such parcell or parcells of Goods Wares or Merchandizes as he or they hath or hâve on board his or their Ship or Ships Yessel or Vessells and also Déclaré upon Oath that he or they hâve not broke Bulk since his or their arrivai within this province before he or they made such Keport as aforesaid And ail Merchants who hâve any Goods Wares or Merchandizes on board any such Ships or Ves- sells as aforesaid shall at the said Custom House make a true and Distinct entry of ail and every such parcell or parcells of Goods Wares or Merchandize as he or they hath or hâve on board ail or any and every such Ship or Ships Vessell or Vessells as aforesaid And if any Différence shall arise about the value of the European Goods so entred the Collector for the time being or his Deputy is hereby Authorized and required to administer an Oath to ail and every such person or persons making such entry as aforesaid That the said entry is according to the Invoice or Invoices sent to him or them from the place or places from whence such goods or Merchandizes did corne And if the Collector or his Deputy shall not rest Satisfyed therewith the Merchant or Merchants entring such European goods shall give proof upon Oath to the value of the same as near as may be and pay the Duties accordingly And be it further Enacted by the Authority aforesaid that if any Master Mate or purser of any Ship or Vessel whatsoever or any Merchant ffactor or other shall Break Bulk or land any Goods Wares or Merchandizes whatsoever before he or they make report & entry and pay or secure to be paid the DutysLAWS OF THE COLONY OF NEW YORK. 851 hereby imposed Ail the Goods so landed or taken from on board without or before report and entry made shall be forfeited one third part whereof to be to bis Majesty his beirs and Successours to be apply’d to tbe Support of bis Majesty s Goverment in tbis Colony one tbird part to tbe Governour of tbis Colony for ye time being and tbe otber tbird part to tbe person wbo sball sue for tbe same by Bill plaint or Information in any Court of Record witbin tbis Province wbere no Essoin Protection or Wager of Law sball be allowed. AND be it furtber Enacted by tbe Autbority aforesaid tbat ail and every person & persons importing into tbis province any European Goods Cocoa Wine Rum Brandy or otber Distilled liquors sball upon entring tbe same pay to bis Majesty bis heirs and Successours tbe Duties berein before given & granted tbereon or well and Sufficiently secure tbe same to be paid as aforesaid witbin tbe Space of tbree montbs from tbe day of tbe entry tbereof and if any person or persons sball refuse or Delay to pay or secure to be paid tbe said Duties tbat tben and in such Case it sball and may be lawfull for tbe Collecter to take and Detain the said European Goods Cocoa Wine Rum Brandy or other Dis- till’d Liquors for tbe space of three montbs or untill tbe Duty given by tbis Act is and sball be paid and Satisfyed and if the Dutys be not paid witbin tbe said Tbree montbs tbat tben tbe Collecter sball & may at tbe Expiration tbereof expose to sale tbe Goods Wares and Mercbandizes so detain'd returning to tbe Owners tbe Overplus if any be tbe Duties and Charges of tbe sale being first deducted. PROVIDED always and it is bereby furtber Enacted tbat if tbe Owner or Importer of any Cocoa shall upon tbe Importation thereof enter into Bond to bis Majesty with Sufficient surety in the penalty of twenty pounds for each Ton to export tbe same or any part thereof directly to Great Britain within tbe space of fifteen months from the time of its Importation Tbat tben and in such Case the Owner or Importer shall pay tbe afore mentioned Duty or Dutys for no greater or otber Quantity tben such as he sball not as aforesaid enter into Bond to Export in manner before mention’d And in case such Owner or Importer shall neglect or refuse to export tbe Quantity which be or they shall so as afore- said Oblige themselves to Export in tbe time mention’d in tbe Bond that then be or they sball pay tbe aforesaid Dutys respec- tively given on tbe said Cocoa & be debarr’d from tbe benefitt852 LAWS OF THE COLONY OF NEW YORK. of any Drawback thereon tho’ lie should at any Time after Export it And to prevent any frauds or Abuses the Exporter of any Cocoa sliall at the time of his Entring the same for Transportation make Oatk That the same is ail or such part of such a parcell or Quan- tity of Cocoa imported into this province at such a time in such a Yessell from such a place expressing the parcell or Quantity of Cocoa imported the time when the Vessells name & from wliat place or if the said Exporter shall hâve bought the Cocoa so by him entred for Exportation from any other person or persons in this province then he shall give proof by the person or persons from whom he bought the same or by the person or p’sons who Imported the same that the said Cocoa so by him entred for Exportation is ail or such part of sùch a parcell or Quantity of Cocoa imported into this province at such a time in such a Vessell from such a place expressing the Quantity imported the time when the Vessells name & from what place as aforesaid AND BE it furtlier Enacted by the Authority aforesaid That the several & respective Dutys hereby laid and given shall be paid to the Trea'r of this Colony for the time being wlio is hereby impowered to receive the same AND be it further Enacted by the Authority aforesaid That upon the Importation of any European Goods Cocoa Rum Brandy or other Distfll’d Liquors aforesaid the owner or Owrners Importer or Importera thereof shall give to the said Trea’r a Copy of the entry of the respective Quantitys of the several Goods aforesaid so by him entred with the 'Collector and pay or secure to be paid for the same the Duties aforesaid and that upon such payment or Security given the said Treasurer shall give to the Importer or Owner aforesaid without ffee or reward a Certift- cate signifying that the Duty for such and such Quantitys of Goods Wares and Merchandizes as are by him Imported are paid or secured to be paid upon which Certiticate the Collector shall p’mitt the Owner or Owners Importer or Importers to unload and land the said Goods Wares and Merchandizes and not otherwise. AND BE IT FURTHER enacted by the Authority aforesaid y’t ye afore mention’d Dutys on Negroes and the Tonnage of Ves- sells & the Dutys given for weighing at his Majesties Beam shall be paid to the Said Trea’r by the respective Officers appointed or to be appointed to collect & receive Those Duties when & so often as they shall be thereunto respectively required by theLAWS OF THE COLONY OF NEW YORK. 853 said Trea’r whose receipt shall be a Suffîcient discharge for the same AND WHEREAS the Indian Nations are very mnch wavering in their faith & Allegiance to je Crown His Majestys fforts & ffortiûcations in this province very much gone to Decay & the necessity of his Majestys Goverment in many Cases such as well and Do Demand a more speedy Supply then can from time to time corne in by the Duties Given by this Act BE IT THEREFORE Enacted by the Authority aforesaid that Bills of Crédit to the value of fifteen Thousand Ounces of plate shall be forthwith printed That is to say Two hundred Bills of twenty five Ounces of Plate or ten pounds value each two hundred Bills of twelve cunces and one half of plate or five pounds value each two hun- dred Bills of Ten Ounces of plate or four pounds value each two hundred Bills of five Ounces of plate or Two pounds value each One Thousand Bills of two Ounces and an half of plate or twenty shillings value each One Thousand Bills of one Ounce & a quar- ter of plate or ten shillings value each Twelve hundred Bills of twelve pennyweight and an half of plate or five shillings value tcach On which Bills shall be impressed on the left side of the said Bills about the Middle of the side the Arms of the City of New York & the said Bills shall be in Form following, vizt: THIS INDENTED BILL OF Ounces of Plate or Due from the Colony ot^New York to the pos- sessor thereof shall be in value Equal to money and shall be accepted accordingly by the Trea’r of this Colony for the time being in ail publick payments & for any fond at any Time in the Treasury dated in New York the first day of July 1715 By order of the Governour Council & General Assembly. Which Bills shall be signed & Numbered by Robert Walter John Cruger David Provoost Junr and John Reade Esq’rs or any three of them and in Case of the Death removal or refusai of any of the said p’sons the said Bills shall be signed & numbered by the Major part of the persons abovementioned then alive Which Bills of Crédit to be made & Issued by virtue of this Act shall be and Continue Current for and during the space & time of five years to be computed from the days of their respective Dates and shall be received & paid for the same value & be Equal to the Current Coin passing in this Colony for goods or any other thing bought and Sold by ail persons whatsoever residing in and passing through this Colony according to their rates and the tender of854 LAWS OF THE COLONY OF NEW YORK. the said Bills for payment or Discharging of any Debt or Debts Bargain Sale of any Land or Lands or other things Bonds Mort- gages Specialtys and Contracts whatsoever shall be as Effectuai In the Law to ail Intents & purposes as if the Current Silver Coin of this Colony had been offered & tendered for the discharge of the same or any part thereof AND be it further Enacted by the authority aforesaid That if any p’son or posons Creditor or Cred- itors Obligée or Obligées and partie or parties to any Contract Covenant Bargain or Agreement whatsoever already made or hereafter to be made at any time during the Cuirency of the said Bills shall upon Tender of ail or any their Debts Dues and Demands whatsoever or any part of them in the Bills of Crédit made Current by this Act refuse to Accept or receive the said Bills of Crédit in Discharge of the said Debts Dues or Demands or any p’t of them according to their values and rates he she or they so refusing to accept the said Bills of Crédit in Discharge as aforesaid shall loose the said Debt or Debts sum or sums of money or such part of the same so refused and they and every of them their & every of their Heirs Executors or Administrators shall for ever be barr’d from bringing his her or their Action for the Recovery of the said Debt or Debts sum or sums of money so refused as aforesaid And the Defend’ts may plead this Act in Barr to any Action or Actions that shall be so Commenced Be it further Enacted by the Authority aforesaid That if any person or persons whatsoever within this Colony shall at any Time during the Currency of the said Bills offer to Sell or Expose to Sale any Goods or Chattels Lands or Tenements whatsoever and Deny or refuse to sell or ask a greater value for the same unless payment be made in Current silver Money Gold plate Dol- lars or other Specie whatsoever and not in the said Bills of Crédit (whereby the Crédit of the Said Bills may be impaired) Then and in such Case the person so exposing to sale and refusing as afore- said shall if the goods or Chattles exposed to Sale be under the value of five pounds forfeit the sum of forty shillings for eacli offence to be recovered before any Justice of the peace upon the Oath of any two Witnesses And if the Value of the Goods or Chattles Lands or Tenements be above five pounds and under fifty pounds the Exposer to sale shall forfeit the sum of five pounds and if the goods Or Chattles Lands or Tenements be above the value of fifty pounds & under one hundred pounds the Exposer to sale shall forfeit the sum of ten pounds And if theLAWS OF THE COLONY OF NEW YORK. 855 value of tlie Goods or Chattels Lands or Tenements be above one hundred pounds the Exposer to sale shall forfeit fifty pounds to be recovered by Action of Debt in any Court of Record within this Colony with Costs of suit the fîrst forfeiture to the use of any p’son that shall sue for (the saine, the other Three forfeitures the one half thereof to the use of such p’son as shall sue for) and prosecute the same to Elïect the other half to the use of his Majesty his heirs and Successours to be applyed towards the Support of the Goverment of this Colony any Law Custom or usage to the Contrary in any Wise Notwithstanding. AND BE IT ENACTED by the Authority aforesaid That the persons appointed for the signing of the said Bills of Crédit shall Take an Oath before any Justice of the peace of this Colony for the true signing and delivering of ail the said Bills of Creditt & no more than w’t is mention'd in this Act to the Trea’r of this Colony according to the true Intent and meaning of this présent Act AND be it Enacted by the Authority aforesaid that ye Quan- tity of plate that each Bill shall be Current for and the value of the same shall be printed on the Top of each Bill. AND be it Enacted by the Authority aforesaid That Robert Walter John Cruger David Provoost Junr & John Reade afore- said appointed hereby to sign the Bills of Crédit made Current by this Act shall for such their service hâve paid unto each of thern or each of their Executors or Assigns by the Trea’r afore said in Bills of Crédit made Current by this Act the sum of thirty seven Ounces of plate and a half as a reward for their Trouble in signing numbering Compairing & Cancelling the Bills afore said and the Trea’r of this Colony is hereby directed to pay the same accordingly anything to the Contrary in this Act in any wise Notwithstanding. AND be it Enacted by the Authority aforesaid that if any per- sons or p’sons w’tsoever shall présumé to Counterfit any of the said Bills he or they being Convicted thereof shall incur the pains and penaltys of felony without benefitt of Clergy & shall Suffer accordingly AND that the said Bills may be truely and bona Me sunlc as the fond arising by virtue of this Act is paid unto the Trea’r of this Colony for the time being Be it Enacted by the Authority aforesaid That the Treasurer of this Colony shall yearly retain in his hands the sum of three Thousand Ounces of plate out of the856 LAWS OF THE COLONY OF NEW YORK. first money yearly arising b y yirtue of this Act wiiich said Sum ci three Thousand Ounces of plate so retained in his hands shall yearly & every year on the first day of July during tlie Contin- uance of this Act & on the first day of July w'ch shall be in ye year of our Lord one Thousand seven hundred & twenty by the Trea'r aforesaid Be given in Exchange for Bills of Crédit made Current by this Act to any p'son or p’sons bringing in the same And the said Bills of Creditt shall on or before the Expiration of one month after the said first days of July yearly be sunk and destroyed in the presence of the said Robert Walter John Cruger David Provoost Junr & John Reade or the Major p't of them then alive having first Compared the said Bills with Their Counter- parts & entred in a Book to be kept for that purpose the Num- ber and value of each Bill of Crédit so sunk & Destroyed. AND be it enacted by the Authority aforesaid that the Trea'r aforesaid shall within one month after the publication of this Act take the following Oath Yizt, I, A. B. appointed Treasurer of the Colony of New York will faithfully and truly discharge the Trust reposed in me as Trea'r of the same I will not Issue Dis- pose or apply or cause to be Issued Disposed applyed or paid any moneys that now is or may hereafter corne into my hands as Trea'r aforesaid otherwise then is or shall be directed by this or any other Act or Acts of the General Assembly of this Colony and I will keep true and faithfull Acco’ts of ail the money or Effects that is or may corne into my hands or pos’sion & that shall be Issued and paid by me by virtue of any such Acts with the times of my receiving & paÿing of the same so help me God WThich Oath shall be Administred by any one of his Majestys Council or any Justice of the peac.e in this Colony who are hereby impowered & required to administer the same PROYIDED always & it is hereby further Enacted That in Case the said Robert Walter John Cruger David Provoost Junr or John Reade aforesaid shall happen to dye or refuse to Act or remove beyond the Seas before the Duties and services hereby required of them be p’formed and accomplished y't then & in such Case the Gov'r for the time being with the advice & Consent of the Council may appoint and Nominate the like Number of other Substantial frreeholders of the City of New York to execute ail and every the powers hereby given to the aforesaid Robert Walter John Cruger David Provoost Jun’r & John Reade who shall con- tinue in like manner To Execute The same till others be appointedLAWS OF THE COLONY OF NEW YORK. 857 b y Act of General Assembly and receive the same reward for tiieir services herein in the same proportion as is before directed to be paid to the said Robert Walter John Cruger, David Provoost Jun’r & John Reade. AND be it further Enacted by the Authority aforesaid that the Trea’r of this Colony shall pay or Cause to be paid the Bills of Crédit hereby made Current and likewise ail & every sum & sunis of money y’t shall corne to his hands by virtue of this Act over and above the said Bills of Crédit to such p’son & p’sons & in such manner as he shall from time to time be directed by Warr’t or Warrants to be past in Council under the hand & Seal of the Governour or Commander in Chief of this Colony for ye time being by and with the advice & Consent of the said Council Which Warr’ts endorsed by the persons to whom they are made payable shall be a Sufficient discharge to the said Trea’r. WThich Warrants shall be numbered & paid in Course according to their Number And to the end the Trea’r may at ail times know wliat Warrants are Drawn the Clerk of the Council for the time being is hereby directed & required immediately after the Drawing of any Warrant or Warr’ts to signifye to the Trea’r under his hand the name or Names of the p’son or p’sons to whom such Warr’t or Warr’ts are made payable together with the sums & Numbers of the same PROVIDED always & it is hereby Enacted by the Authority aforesaid that the Trea’r of this Colony shall ne^ertheless pay or Cause to be paid in Bills of Crédit hereby made Curr’t to ail & every the Members of the General assembly of this Colony ten Shillings P. Diem for each Day they hâve served or shall serve from the first day of this présent session of Assembly to the first day of Januarv next ensuing upon a Certiflcate to be produced to him by each & every the said Members signed by the Speaker of the said Assembly for the time being Expressing the Number of Days that each Member has attended the Service of the said General Assembly wdthin the said time and the receipt of each of the said Members endorsed on his Certificate shall be a Sufficient discharge to the said Trea’r for so much AND be it * further Enacted by the Authority aforesaid that the Certificate for the Speakers service in the house shall be signed by the Majority of the house & the Trea’r is hereby ordered to take notice of it & pay it accordinglv and the sd. Speakers receipt shall be a Discharge to the said Trea’r for so much 108858 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 293.] [Chapter 293, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford, 1715 ed., p. 216; Baskett, p. 211.] An Act declaring that ail Persons of Forreign Birth heretofore Inhabiting within tliis Colony and djing Seized of any Lands Tenements or Hereditaments shall be forever hereafter Deemed Taken and Esteemed to hâve beep Naturalized, and for Naturalizing ail Protestants of Forreign Birth now Inhabiting within this Colony. [Passed, July 5, 1715.] WHERE AS by Letters Patents under the Great Seale of Eng- land Dated the Twelfth day of March in the Sixteenth year of Charles the Second the Soyle and Government of this Colony was by the Said King given and granted to his then Dearest Brother James Duke of York his heirs and Assigns and amongst other the Power s therein and thereby given to the Said Duke it was granted that it Should and might be Lawfull for the Said Duke his heires and assigns or any of them at ail and every time and times there- after to take lead carry and transport for and towards the Plan- tation of this Colony not only any of the Subjects of his then Majesties Reaimes and Dominions but any other Strangers who would become Subjects to the said King and live under his alliegance AND whereas by the Articles made on the Surrender of this Province to the Crown of England it was among other things Stipulated that ail People Should continue free Denizons and enjoy their Lands and houses wheresoever they were within this Colony and dispose of them as they Pleas’d That any People might corne from the Netherlands and Plant in this Country And that any of the then Military Officers and Soldiers belonging to the Dutch Garrison that would Plant Should hâve Fivety Acres of Land Set out for them. AND whereas in Pursuance of the Said Articles made on the Surrender aforesaid and in order to Invite and encourage people to corne and Settle in this Colony and Improve the same Severall Letters of Denization were given by Severall Governors Setting forth that the Persons receiving the Same Hàd by virtue of the Articles made on the Said Surrender and the Said Letters of Denization Privilège and Power to Pur- chase receive take hâve hold buy and Possess any Lands Tene-LAWS OF THE COLONY OF NEW YORK. 859 ments or hereditaments within this Goyernment and them miglit Occupy and enjoy give Sell alien and bequeath as they Should See cause AND whereas for the Invitation and farther Encourage- ment of People to corne and Settle in this Colony and in order to quiet the minds of his Majesties Subjects then Inhabiting the Saine Sir Edmond Androsse then Governor of this Province under his Royall Highness then Duke of York in a Proclamation by him Emitted the Ninth day of November One Thousand Six hundred Seveanty four by command of the Said Duke did Pro- elaime and déclaré that ail former Grants Privilèges or Con- cessions before that time granted And ail Estâtes Legally Possest by any under his Royall Highness before the late Dutch Govern- ment were thereby confirmed and the Possessors by virtue thereof to remain in Quiet Possession of their Rights. AND whereas for the farther quieting the minds of his Majesties Subjects of Forreign Birth Inhabiting this Colony and for the farther Invitation and encouragement of Such as would corne Inhabit and Improve the Same An Act of the Generall Assembly of this Province was assented to in the year One thousand Six hundred Eighty three by the then Governor Colonel Thomas Dongan Entituled An Act for Naturalizing ail those of Forreign Nations, at présent Inhabiting within this Province, and Pro- fessing Christianity, and for Encouragement of others to corne and Settle within the Same, And Exprest in the following words, FORASMUCH as Several persons of divers .Forreign Nations, Professing Christianity, now are, and for divers Years past hâve been actual and Settled Dwellers and Inhabitants within this Province, under the Allegiance of his Majesty of Great Britain, our Dread Sovereign, and the obedience of his Royal Highness, and So desire to continue and remain, and Be Naturalized, and become as his Majesties Natural born Subjects, Be it Enacted by the Governor, Councill and Représentatives now assembled, and by the Authority thereof, That ail and every Such person or per- sons of what Forreign Nation Soever they be, Professing Christianity, and that now are actuall Inhabitants within this Province, and hâve taken or Subscribed or that shall take or Subscribe to the Oath of Allegiance, are and Shall be hereby Naturalized, and in ail Respects be aecounted and esteemed as his Majesties Naturall Born Subiects, and shall hâve and enjoy ail Such Privilèges, ffreedoms and Immunities within this Province, as other his Majesties Subjects do, hâve or enjoy, Pro-860 LAWS OF THE COLONY OF NEW YORK. vided nothing contained in this Act is to be construed to dis- charge or Set at Liberty any Servant, Bondman or Slave, but only to hâve Relation to such persons as are free at the making hereof. AND be it further declared and Enacted by the authority afore- said, That ail and every person and persons, Forreigners, of what Nation Soever, Professing Christianity, that at any time here- after shall corne and arrive within the Said Province, with an intent to become his Majesties Subiects, and to dwell, Settle and Inhabit accordingly, and take the Oath of Allegiance to his said Majestie, and Fidelity to his Royal Highness, the Lord Pro- prietor of this Province, every Such person or persons may be Naturalized by Act of Assembly, and from thenceforth shall in ail respects be Accounted, Deemed and Esteemed as his Majesties Natural Born Subiects, and shall hâve and enjoy ail Such Privi- lèges, ffreedomes and Immunities within this Province, as other his Majesties Subiects hâve and enjoy. AND whereas Pursuant to the Powers granted to the then Duke of York Several Strangers, willing to become his Majesties Subiects, and live under his allegiance, were Imported into this Province, and did Settle in and Improve the Same, acquiring to themselves, with the consent and approbation Of the Government, Several Lands, Tenements and hereditaments. AND whereas on a firme Dépendance on the Publick ffaith, for the Inviolable adhérence to and ffaithful performance of the Articles made on the Sur- render aforesaid,. many of the Subiects of the High and Mighty States of the United Provinces, remain’d in this Colony, as his Majesties Subjects, and quietly held and enjoyed the Lands they were possest of, and acquired other Lands, Tenements and here- ditaments within the Same. AND whereas by the Invitations and great Encouragements given by the Governors of this Prov- ince, under his then Royal Highness, and Particularly the great Encouragement given by the before recited Act of Assembly, assented to as aforesaid, great numbers of Protestants of fforeign Birth, did corne and Settle in this Colony, to the great increase of Trade and Navigation, and considérable Improvement of this Prov- ince. AND wThereas by many Intermarriages, Wills, Deeds of Sale, and other mean Conveyances in the Law, Several Estâtes, Lands, Tenements and Hereditaments formerly Possest by persons of Forreign Birth or Extraction (who Settled in this Province on the motives before Exprest) hâve been and are become the Possessions, Lands, Tenements and hereditaments of his Majesties Natural born Subiects of his Kingdoms of Great Britain orLAWS OF THE COLONY OF NEW YORK. 8G1 Ireland, or Some of the Dominions thereunto belonging, THERE- FORE to render his Majesties Subjects Secure in the quiet and peaceable enjoyment of their Several Estâtes, Rights and Proper- ties, prevent any doubts, controversies or disputes that may hereafter arise upon or concerning the true meaning, Intent and vallidity of the before mentioned Powers granted to the Duke of York, the Articles made and agreed to on the Surrender, The Letters of Denization, Proclamations, Invitations, and Act of Assembly, or any of them, and to- Settle and Quiet the minds of his Majesties Subiects Inhabiting in this Colony, WE Pray that it may be Enacted by the Governor, Councill and Assembly, and •tis hereby enacted by the Authority of the Same, That ail per- sons of fforeign Birth, now deceas’t, Inhabiting and being within this Colony at any time before the first day of November, One thousand Six hundred and Eighty three, and being Seiz’d of Lands, Tenements or hereditaments, shall for ever hereafter be deemed, taken and Esteemed to hâve been Naturalized, and entituled to ail the Rights, Privilèges and advantages of any of the Natural born Subiects of this Colony; and ail bequests, Deeds, Grants, AND mean Cbnveyances in the Law, made or doue by any of them, shall be deemed to be as effectuai to ail intents and purposes whatsoever, as if they had been done and Executed by any of his Majesties Natural born Subiects of this Colony. And any p’son or persons holding any Lands, Tenements or hereditaments, by, from or under any Such person or persons of fforreign Birth, shall be deem’d to be, and is hereby as fully and Rightfully Entituled to the Same, to every intent and purpose whatsoever, as if Such person or persons had held by, from or under any of his Majesties Natural born Subjects of this Colony. And be it Enacted by the authority aforesaid, That every person of fforreign Birth now alive, and who did Inhabit within this Colony before the Said first day of November, in the year of our Lord One Thousand Six hundred Eighty Three, shall for every hereafter be deem’d to hâve been Naturalized, and Shall enjoy ail the Rights, Privilèges, and advantages that any of his Majesties Naturall Born Subiects of this Colony, do, or of right ought to enjoy, And any Devise, Bequest, Deed, grant or mean Convey- nnce in the Law, heretofore made by any Such person of fforreign Birth, shall be as effectuall, to ail purposes and Intents whatso- ever, as if the Same had been done and Executed by any of his Majesties Naturall Born Subiects of this Colony And be it Enacted by the Authority aforesaid, That ail persons of fforreign Birth..862 LAWS OF THE COLONY OF NEW YORK. who hâve corne and Inhabited in this Colony, at any time Since the Said year of our Lord One thousand Six hundred and Eighty Three, and Purchas’d any Lands, Tenements or heredita- ments, and Convey’d the Sanie by mean Conveyances in the Law, or dyed Seiz’d of the Same, Every Such person shall forever here- after be Deem’d, taken and Esteemed to hâve been Naturalized, and any Beqnest, Deed, grant or other mean Conveyance in the Law, made, done or executed by any Such person or persons of fforreign birth, as aforesaid, and now dead, shall de Deem’d, taken and Esteem’d to be as good, valid and Effectuall in the Law, to ail Intents, constructions and Purposes whatsoever, as If the Same had been made, done or Executed by any of his Majesties Naturall born Subjects of this Colony, and the heires, Grantees, Legatees, feoffees of any Such person or persons of fforreign Birth, as afore- said, holding any Lands, Tenements or hereditaments, by, from or under any Such person or persons of forreign Birth, shall hâve, hold, enjoy, Possess, Occupy and be entituled to the Same, as fully and Rightfully, as if the Said Lands or Tenements had descended from, or been granted and convey’d by any of his Majesties Naturall Born Subiects of this Colony, Any Law, Cüs- tom or Usage to the Contrary hereof in any wise notwith- standing. And be it further Enacted by the authority afore- said, That ail persons of fforreign Birth, being Protestants, now alive and Inhabiting in this Colony, shall be, and hereby are declared to be his Majesties Naturall Subjects, and Shall enjoy ail the Rights, Privilèges and advantages that any of his Majesties Naturall Born Subiects do, or of right ought to hâve and enjoy. Provided always, and it is hereby Enacted, That every Such persons now alive shall within nine Months after the Publication hereof, take the Oaths by Law appointed to be taken, in Stead of the Oaths of Allegiance and Supremacy, Subscribe the Test, and make, repeat and Swear to, and Subscribe the abjuration Oath, in any of his Majesties Courts of Record within this Colony, which Said Courts respectively are hereby authorized and required, upon application to them made, to administer the Same, and take the Subseriptions as aforesaid, and cause the Names of the Person and Persons So Swearing and Subscribing, to be entred upon Record in the Said Court, for which every person and persons is hereby required and directed to pay the Sum of Six shillings Current Money of New York to the Judge of the said Courts respectively, and three Shillings to the Clerk. And be it further Enacted by the authority aforesaid,LAWS OF THE COLONY OF NEW YORK. 8G3 That if any person or persons having So Sworn and Subscribed as aforesaid Shall demand a Certificate or Certifiâtes of his being entred upon Record in manner aforesaid the Said Court or Courts are hereby directed and required to grant the Same under the hand and Seale of the Judge of the Said Court or Courts Respectively Counter Signed by the Clerk of the Said Court, for which Certificate every Such person or persons requiring the Same, shall pay, over and aboyé the Nine shillings beforemen- tioned, the Sum of Three shillings, One half to the Judge of the Said Court or Courts Respectively, and the other half to the Clerk thereof ; which Said Certificate or Certificates shall at ail times be a Sufficient proof of the person or persons being Natural- ized by this Act, as if the Record aforesaid were Actually produced by them, or any of them. PROVIDED always, and it is hereby farther Enacted, That in case it So happen, any of the persons now alive, of Forreign Birth, abovementioned, shall départ this life before the Term of Nine Months be expired, or before Publi- cation of this Act, every Such Person So departing this life, as aforesaid, shall notwithstanding be Deem’d and esteemed to hâve been his Majesties Naturall Subject, as fully as if he or she had been Born within this Colony, or had taken the Oaths aforesaid, any Law, Custom or Usage to the Contrary hereof in any wise notwithstanding. [CHAPTER 294.] [Chapter 294, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 223. Title only is printed in Baskett, p. 215. Provided for by chapter 326.] An Act for Laying a Duty on Goods Sold by Auction, Vendue or Out-Cry. [Passed, July 5, 1715.] Be it Enacted by the Govern’r Council & General Assembly of this Colony of New York, & by the Authority of the same, That there be given & Granted to his Majesty his Heirs & Successors, for every Hundred Pounds Current Mony of New-York of Goods Merchandizes Slaves & other things whatsoever that shall be sold within this Colony at Publick Auction Vendue or Out-Cry (Goods belonging to the Crown, the Excise Houses Lands Ships & Vessells Goods & Effects of ail Deceas’d person Exposed to Sale by Executors or Administrator’s, or Goods taken in Execution, only excepted) the Sum or Quantity of Tenn Ounces of Plate, from the publication of this Act During the Space of three Years.864 LAWS OF THE COLON Y OF NEW YORK. AND BE IT further Enacted by the Authority aforesd, That for the better Secureing the payaient of the Duty on ail Goods Sold at Auction or Vendue, the Vendue Master, or whatsoever other person or persons shall Expose any of the afores’d Goods, Merchandizes, Slaves & other things whatsoever (Except what is before excepted) at publick Auction or Out-Cry, shall at the expira’con of every three Months, or within fourteen Days after, give an exact & true Account to the Treasurer of this Colony for the time being upon Oath which Oath the Treasurer of this Colony is hereby Impowered to Administer, of ail Goods and other things abovemen’coned by him or them sold by Auction Vendue or Out-Cry Chargeable by this Act & pay or cause to be paid to the said Treasurer of this Colony for every Hundred Pounds Value Sold as afores’d the Summ of Tenn Ounces of Plate, to be applied to such use or uses as the Govern’r Council & General Assembly shall think fitt. AND BE IT further Enacted by the Authority afores’d, That every Vendue Master within this Colony or such other person or persons as shall Sell any of the Goods & Effects liable to pay the Duty as afore- said in publick Vendue, shall in a Book for that purpose keep an Exact Account of ail such Goods & Effects as be by him or them Sold by Publick Vendue Out Cry or Auction Chargeable by this Act & for his trouble & pains, for keeping the said Books, rendering the Accounts & paying in of the Mony by him them & Each of them to the Treasurer of this Colony, shall retain in his hands the Summ of five per Cent of whatever he or they shall pay unto the Treasurer of this Colony for ye time being. AND BE IT further Enacted by the Authority afores’d That if any Vendue Master or Vendue Masters within the Colony shall expose to Sale at any time or times hereafter any Lott piece or parcel of Goods Wares or Merchandizes under the real Value of Tenn Pounds Current mony of this Colony (Except the Goods belonging to the Crown, Houses Lands, Ships or other Vessels, Goods & Effects of ail Deceased persons, exposed to Sale by Executo’rs or Administrato’rs or Goods taken in Execution) every such Vendue Master or Vendue Masters shall for every such Lott piece or parcel of Goods, so by him Exposed to Sale as afores’d, forfeit the Sum of fifteen Pounds Curr’t Mony of this Colony* the one half to his Majesty his heirs & Successors for the use of the Colony, & the other half to the person or persons who shall Sue for the same, to be Recovered in any of his Majestys Courts of Record within this Colony, wherein no Essoin Protection or Wager of Law, or any more than one ïmparlance shall be allowed. AND BE IT further Enacted by the Authority afores’d That if theLAWS OF THE COLONY OF NEW YORK. 865 Vendue Master, or whatever person or persons, that shall Expose any Goods Merchandizes or other Effects whatsoever (Except as above excepted) at Publick Auction Vendue or Out Cry shall neglect, deny or refuse to give an exact Account & pay in the mony for ail such. Goods & other Effects Sold by him or them as aforesaid, at the expira’con of every three Months, or within fourteen Days after, to the Treasurer of this Colony, every such Vendue Master or other Person so offending shall forfeit for every such Offence double the Duty imposed by this Act, if the same can be discovered or for want thereof the Sum of Fifty Pounds Current mony of this Colony, to be Recovered by the Treasurer of this Colony for the time being, by Action of Debt, in any Court o* Record within this Colony, to be applied to such use as the Govern’r Council & General Assembly shall think fitt. AND BE IT further Enacted, That if the said Treasurer shall neglect to Sue the Vendue Master or other Person offending as above expressed, he shall forfeit for every such neglect the Sum of Sixty Pounds, And be accountable to the Govern’r Council & General Assembly for so much. AND BE IT further Enacted by the same Authority, That the Vendue Master or other Person Selling Goods or other Effects by wav of Auction Vendue or Out Cry shall Yearly during the Continuance of this Act Enter into Recognizance to his Majesty his Heirs & Successors in Two hundred & fifty Pounds with Sufficient Sureties, to be approved of by the Speaker of the General Assembly for the time being, to pay the Duty imposed by this Act, & to fullfill & Comply with every Article & Clause therein, relating to the said Vendue Master or other Person exposing Goods by Publick Vendue Auction or Out Cry, And if any Vendue Master or other Person as afores’d within this Colony, shall neglect deny or refuse to gi-ve ye Surety of him and them required by this Act, every such Vendue Master or other Persons as aforesaid so neglecting, denying or refusing to give such Surety as afores’d is heritby declaired incapable of executing that office, until such time as be or they shall give the Surety as by this Act is required and forfeit to his Majesty his heirs & Successors the Sum of Ten pounds for every parcell of Goods Sold Chargeable by this Act before such Security given to be Sued for & recovered by the Treasurer of this Colony to be paid and applied as before expresst. AND for the better Enabling the Vendue Master or whatsoever Person or Persons that shall Sell Goods at Vendue, Auction or Out Cry to receive & pay in the Dutys arising by this Act within ye 109866 LAWS OF THE COLONY OF NEW YORK. respective times herein before Limited & appointed, BE IT Enacted by the Authority aforesaid, That if any person or persons, Owner or Owners of any such Goods so Sold as aforesaid, & for whieh the Duty herein before expressed shall become due, shall after such Sale thereof & demand of the said Duty by the said Vendue Master or any other person or persons selling the same, neglect or refuse to pay to the said Vendue Master or other person or persons the Duty arising on such Goods as afores’d; that then it shall & may be Lawfull for the s’d Vendue Master or other person or persons, & he or they are hereby fully impowered & Authorized on such demands and non paym’ts thereof to distraine the Goods & Chattels of such person or persons so refusing or neglecting as aforesaid, & the distress so taken to keep for the Space of ten Days at the Cost & Charges of the Owner thereof, and if the Owner do not pay the said Sum or Sums of mony so distrained for within the said ten Days, then the said distress to be publickly Sold by the said Vendue Master for the paym’t of the said mony & the overplus coming by the Said Sale (if any there be) over & above the Charges of taking, keeping & Selling the s’d distress to be immediately restored to the Owner thereof. [OHAFTER 295.] [Chapter 295, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 220'. Title only is printed in Baskett, p. 216. Expired, July 5, 1718. Revived by chapter 435.] An Act for the Encouraging Navigation. [Passed, July 5, 1715.] Be it Enacted by the Governour Council & General Assembly and by the Authority of the same, That any Tavernkeeper, Ale-house- keeper or Victualer, within the City of New York, Kings County and Queens County, who shall trust or Crédit any Sea-man, Master or Commander of any Ship or Vessel, Excepted belonging to any Ship or Vessel that is in, or shall hereafter corne into the Boad or harbour of the City of New York, for any Sum or Sums of money Exceeding the Sum of Six Shillings Current mony of this Province every such Tavern-keeper Ale-house-keeper or Victualer shall loose every such Sum & Sums of mony, exceeding the Sum of Six Shillings, as afore- said, & no Writ or Process shall lye against any Sea-man as aforesaid, at the Suit of any Tavern-keeper, Ale-house-keeper or Victualer within the said City of New-York, Kings County or Queens County, for any greater Sum than Six Shillings, as aforesaid. And be itLAWS OF THE COLONY OF NEW YORK. 867 Enacted by the Authority aforesaid, That every Tavern-keeper, Ale- house-keeper or Yictualer within the City of New York, Kings Covinty or Queens County, who shall trust or give crédit to any Seaman that is out of Service, for any greater Sum than twelve pence per day so long as he shall be out of Service, shall likewise loose the same, & no Writ or Process shall lye against the Sea-man at the suit of any Tavern-keeper, Ale-house-keeper or Victualer, within the City of New York, Kings or Queens County, for any greater Summ, than the proportion of Twelve pence Pr Day, During the time that such Sea-man shall be out of Service, Except Masters, Commander of Ships or Yessels, as aforesaid. And be it further Enacted by the Authority aforesaid, That in case it shall so happen, that any Person or Persons (to defeat the intent of this Act) shall take any Bond, Bill or Spécialty whatsoever, from any Sea-man in trust, for (except as before excepted) or to the use of any Tavern-keeper, Ale-house-keeper or Yictualer foi any Sum or Sumsof monyExceeding the Sum of Six Shillings afores’d, ail & every such Bonds Bills or Specialties shall be altogether void, Null and of none Effect, any Custom, Usage or Law to the contrary hereof in any wise notwithstanding. And any Person or Persons takeing any such Bonds Bills or other Specialties shall & may by ye Judgeor Justices of any of his Majesties Courts of Justice, be exam- ined on his, her or their Corporal Oaths, of and concerning such Bonds, Bills or other Specialties and shall declaire upon the Oath aforesaid, how and in what matter the Sum or Sums of monv mentioned in such Bonds, Bills, or other Specialties, became due unto the Persons claiming the same ; and if the party examined shall refuse to Discover the same, Judgment shall be given as if such Bonds, Bills, or other Specialties, had been taken contrary to the true intent & meaning of this Act. And be it further enacted by the authority aforesaid, That no Tavern-keeper, Ale-house-keeper or Yictualer within the City of New York shall entertain or keep in his house any Sea-men, except as before excepted in Actual Service on board of any Ship or Yessel in the Port of New York, after the hours of ten at Night, under the forfeiture of Twenty Shillings, to be recovered before any of his Majestys Justices of the peace, One half to be apply’d to the use of the Poor in the said City, & the other half to the Informer that shall sue for the same. This Act to remain in force for three Years from the Publica’con hereof and no longer.868 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 296.] [Chapter 296, of Livingston ,& Smith and Van Schaack, where title only is printed. Printed in full in Bradford, 1715 ed., p. 222. Title only is printed in Baskett, p. 216. See chapter 260. Revived by chapter 315.] An Act for Reviveing an Act Entituled an Act for the better Settleing the Militia of this Province, and makeing it more Useful for the Security and Defence thereof, and for Repeale- ing ail former Acts heretofore made in this Province relateing to the same. [Passed, July 5, 1715.] BE IT ENACTED by the Governor Councill and Assembly And if is hereby Enacted by Authority of the same, That an Act Entituled, an Act for the Settleing the Militia of this Province and makeing it more usefull for the Security and Defence thereof, And for Repealeing ail former Acts heretofore made in this Province relateing to the same, made in the ffirst Year of the reigne of her la.te Majesty Queene Anne of blessed Memory, Expired by its own Limitation, Shall be of fforce from the Publication hereof untill the ffirst day of November which will be in the Yeare of our Lord One thousand Seven hundred and Sixteen. [CHAPTER 297.] [Chapter 297, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 231. Title only is printed in Baskett, p. 216.] An Act for building a County-House and Prison in Dutchess County, within this Colony. [Passed, July 21, 1715.] BE IT Enacted by His Exeellency the Governour and Council, and Assembly, AND IT IS hereby Enacted by the Authority of the Same, That the Justices of the peace for Dutchess County in this Colony, or the Major part of them, are, and are hereby Authorized, impowered andrequired within Fortv Day s next and after the Publication of this Act, to meet together at such place or places within the said County, as unto them shall seem meet, And then and there Issue forth their Warrant or Warrants, under their hands and Seals, to the Constable or Constables of the said’ County, requiring them, and everv of them,to warn ail the Free-holders inhabiting within the said County, that they assemble and meet together at such time and place within the saidLAWS OF THE COLONY OF NEW YORK. 869 County, as by the said Justices in their said Warrant or Warrants shall be directed, and then and there by Plurality of Yoices, to elect and appoint two âble and sufficient Free-holders of, and inliabiting in the said County, to be Supervisors and Directors, for the building and erecting a County-House and Prison within the said County, at su ch a convenient place as to them shall be meet and convenient, for the most ease and benefit of the Inhabitants of the said County. AND BE IT further Enacted by the Authority aforesaid, That the said Twa Supervisors and Directors are hereby directed and required to cause the said County-House and Prison to be built and erected, in manner aforesaid, within two Years next and after the Publication hereof. AND BE IT further Enacted by the Authority aforesaid, That for the defraying the necessary charges for the building, erecting and finishing the said County-House and Prison aforesaid, within the time aforesaid, There be raised, levyed, collected and paid by the free-holders, Inhabitants, residents and sojourn- ers of and in the said County, within the time of two years next ensuing, in such parts and proportions, as the said Supervisors and Directors, shall think fit, to them the said Super- visors and Directors, such Sum and Sums of Money as they shall think requisite and necessary for the same, Provided the same do not exceed the Sum of Two hundred and fifty Ounces of good Mexico, Pillar or Sevill Plate; which said Sum is to be raised, levyed, collected, paid and disposed of, for the uses aforesaid, in such way, and in the like manner, and under such pains and forfeitures, and under such régulations and directions, as ail others the due and necessary charges of the said County are by Law raised, collected, paid and disposed of, for the uses nevertheless as aforesaid, Any Law, Usage or Custom to the contrary hereof in any wise notwithstanding. [CHAPTER 298.] [Chapter 298, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is nof in Bradford, 1715 ed. Title only is printed in Baskett, p. 215.] An Act to enable Sarah Crego the widd of Richard Crego late of the City of New York Marriner Dece’d to Sell a Lott of Land in the said City. [Passed, July 21, 1715.] WHERE A S the said Richard Crego at the time of his Decease was Seifced of & Stood possest of a’ certaine Lott of Land lying and being within the City of New York on the Eastside of William Street bounded on the south by Tuenis D’Key on the north by NaltieLAWS OF THE COLONY OF NEW YORK. 870) Clopper and on the east by Geesie van Gleif eontaining in breadth in Front & rear twenty four foot & in Length on the North side One hundred Sixty two foot and Longer on the South side. AND WH,ERE AS it appeares to the House of Représentatives that it was the Will & Intent of the said Richard Oego in his Life time & at the time of his Decease that the above mentioned Lot of Land should be Disposed of by Sarah the wife & Executrix of the said Richard Crego for the mainteinance & Education of his Children, but by reason of ïhe unskilfulness of the Clerk who writ the will of the said Richard Crego, the said Sarah Crego is not fully Impowered to Sell the said Lott of ground according to the Intent and meaning of the Testator. BE IT therefore Enacted by his Excellency the Govern’r Council and General Assembly & it is hereby Enacted by the Authority of the Same that the said Sarah Crego widdow & Executrix of the said Richard Crego is by this Act Impowered & authorized to Sell & dis- pose of the before mentioned Lott of ground, & to Signe Seal & Deliver a Deed of Conveyance thereof unto any Person or Persons whatsoever, which Deed of Conveyance made & Executed as afore- said, shall at ail times hereafter be deemed & Esteemed a good valued & Sufficient Title in the Law, to ail Intents Constructions & purposes whatsoever, as if the said Richard Crego had Executed a Deed of Conveyance for the same in his life time, & the purchaser of the said Lot of ground is by this Act Invested in & Eütituled to an Estate in fee Simple, Saving to ail & every person or persons whatso- ever any Right Claime or Interest to the said Lot of Land other then the Heires of the said Richard Crego, any thing hereinbefore to the Contrary notwithstanding. [CHAPTER 299.] [Chapter 299, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1715^ ed., p. 227; Baskett, p. 221.L An Act for discharging of Capt Peter Yan Brugh and Hendrick Hansen Esq’r of the City of Albany of for and concerning the Provisions Ammunitions and other Stores of War formerly in their hands belonging to this Colony. [Passed, July 21, 1715.] WHEEEAS by an Act of the General Assembly of this Colony, made in the Tenth Year of Her late Majesty’s Reign, Entituled, An Act to appoint Commissioners to purchase Provisions and other necessarys for the Expédition to reduce Canada, the said Capt Peter Yan Brugh and Mr. Hendrick Hansen were appointed Commis-LAVVS OF THE COLONY OF NEW YORK. 871 sioners at Albany for the receiving and taking care of the Provisions and other necessarys for the forces raised in this Golony there, and the necessary Transportation of the same, for the Expédition afore- said, and were also thereby Invested with sundry Powers and Authoritys for the executing of the Trust in them reposed. AND WHEREAS the said Capt. Peter Yan Brugh and Mr. Hendrick Hansen and each of them respectively hâve duly and faithfully exe- cuted the Trust in them and every of them respectively reposed by the beforementioned Act of Assembly, and hâve respectively rendered their Accompts of the Stores of this Colony to the full Satisfaction of the late General Assembly, According to the Directions of the last mentioned Act. BE IT therefore Enacted by His Excellency the Governour Council and General Assembly, AND IT IS hereby Enacted by the Authority of the Same, That the said Capt. Peter Van Brugh and Mr. Hendrick Hansen and every of them their and every of their Heires Executors and Administrators be and hereby are for ever discharged of and from ail Debts Dues and Demands whatsoever for and concerning ail and ail manner of Provisions, Ammunitions, Stores of War, Sum and Sums of Money, Goods, Wares and Merchandizes and other Effects, Which came to their and every of their hands, belonging to this Colony, for the use of the said Expéditions against Canada respectively. AND BE IT further Enacted by the Authority aforesaid, That the said Capt. Peter Van Brugh and Mr. Hendrick Hansen and Every of them their and every of their Heirs Executors and Administrators be and hereby are and every of them is and shall be for ever discharged of and from giving or making any further or other Accompt or Accounts relating or concerning the Matters aforesaid or any of them, They and Every of them hath and having fully and truly Accounted for the same, And they and every of them their and every of their Heirs Executors and Administrators are hereby Declared to be thereof from henceforth and for ever Quitted and Discharged. , [CHAPTER 300.] [Chapter 300, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 228 Title only is printed in Baskett, p. 2i7. An Act for Repairing the County House and Prison in the County of Ulster. [Passed, July 21, 1715.] BE IT Enacted by his Excellency the Govern’r Council and General Assembly, And it is hereby Enacted by the Authority of872 LAWS OF THE COLONY OF NEW YORK. the same, That the Justices of the Peace for the County of Ulster in this Colony or the Major Part of them are and be hereby Authorized, impowered and required within forty Days next and after the Publication of this Act to meet together at such place or places within the said County as to them shall seem meet, and then and there by Majority of Votes Constitute and Appoint two able and Sufiicient Freeholders of & Inhabiting in the said County to be Managers and Directors of Repairing the County house and Prison in the said County of Ulster now standing and being. AND BE IT further Enacted by the Authority aforesaid, That the said Two Managers & Directors are hereby Directed and required to cause the said County house and Prison to be repaired as aforesaid within Twelve Months next & after the Publication hereof AND BE IT further Enacted by the Authority aforesaid, that for the defraying the necessary charges for the repairing the said County house and Prison aforesaid within the time aforesaid, there be raised, Levyed, Collected & paid by the ffreeholders Inhabitants and residents of and in the said County within the time of Six Months next ensuing to the said Managers and Directors such Summ & Summs of Money as they shall think Requisite and necessary for the same, not exceeding ye Sum of Two hundred and fifty Ounces of good Mexico pillar or Sevill plate, which said Sum is to be raised Levyed Collected paid and Disposed of for the uses aforesaid in such way and in the like manner and under such paine & forfeitures and under such régu- lations and directions as ail other the due and necessary charges of the said County are by Law raised Collected paid and disposed of for the uses nevertheless às aforesaid, any Law, Custom or Usage to the Contrary hereof in any wise notwithstanding. [CHAPTER 301.] TChapter 301, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 229. Title only is printed in Baskett, p. 217. Expired in 1716. See chapter 284.] An Act for Continuing an Act of General Assembly Entituled an Act for appointing Commissioners to let to Farme the Excise thro’out this Colony. [Passed, July 21, 1715.] Be it Enacted by his Excellency the Governour Council & General Assembly, and it is hereby Enacted by the Authority ofLAWS OF THE COLONY OF NEW YORK. 873 the same; That one Act of General Assembly Entituled, an Act for appointing Commissioners to Let to Farme the Excise thro’ out this Colony, made in the thirteenth Year of the reign of her late Ma’ty Queen Anne of blessed Memory, shal be & is hereby continued for and during the terme of one wholl Year, after the Expiration of the said Act. [CHAPTER 302.] [Chapter 302, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1715 ed. Printed in full in Baskett, p. 216.] An Act Deelaring John Sloss free from the Duty of Tonnage. [Passed, July 21, 1715.] WHEREAS the said John Sloss by his Peti’con presented to the General Assembly hath set forth, that he having brought a Yes- sel built in the Colony of Conneticut to the Port of the City of New York. The Duty of Tonnage was Demanded of him, pur- suant to an Act of General Assembly, pass’d in the thirteenth Year of the reign of Her late Ma’ty, entituled, an Act for Levying & paying the Several Duties therein men'coned for the Use of this Colony. Notwithstanding he is in the Actual possession of a Fanne of considérable value lyeing & being in the Province of New Yorke, for w’ch he Annualy pays Quit Rent & the Usual Taxes & is also a Freeman of the said City. Be it therefore Declar’d & Enacted, by the Governour Council and General Assembly & by the Authority of the same. That the said John Sloss is hereby Acquitted, Discharged, freed & Exempted, from paying the said Duty of Tonnage for the said Vessel, & the penalties, Fines & forfeitures, men’coned & Express’d in the said Act, as freely, Cleerly & absolutely to ail Intents Constructions & purposes as any Inhabitants of the said Colony Are. [CHAPTER 303.] [Chapter 303, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1715 ed. Title only is printed in Baskett, p. 220.] An Act to Exempt Hannah Martin, Doct’r Christian Cooper & Mr. George Smith from paying of the Tax for twelve Negroes Imported from South Carolina. [Passed, July 21, 1715.] WHEREAS By A certain Act of Assembly of this province of New York pass’d (By his Excellency the Govern’r by and with the Ad vice 110874 LAWS OF THE COLONY OF NEW YORK. and Consent of the Council and General Assembly and by the Author- ity of the same) in the Months of June and July in the year 1714 Entitled an Act for levying and paying the Several Duties therein mentioned for the use of this Colony It is Enacted (amongst other things) By a Certain Clause in the said Act THAT there shall be paid the Duty of Tenn Ounces of good Plate aforesaid or in Bills of Crédit made Current in this Colony the Value thereof by the Master or Commander of any Ship or Vessel or Owner of any Negro or other Slave that shall be Imported or otherwise brought into this Colony (ail Negroes and other Slaves belonging to the Neighbouring Colonys, going to and from one Colony to the other for the Service of their Master or Mistress, or Mistresses only excepted) within forty Eight hours after the Arrivai of the said Negro or other Slave. AND that every Master or Commander of any Ship or Vessell shall within forty Eight hours after his Arrivai within this Colony after notice given by the Officer appointed in the said Act for that purpose make Oath before the Mayor of the City pf New York or any Justice of the peace for the time being, what Number of Negroes or other Slaves he or they brought into this Colony and to whom Consigned And on his neglecting or refuseing to take such Oath shall forfeit & pay fourty pounds Current Mony afores’d to be recovered & Applied as afores’d (together with other Clauses & provisoes in the said Act recourse thereto being had may more at large appear). AND WHEREAS since the s’d Act passed & published as afors’d Two several peti’cons hâve been presented to this Assembly the one by One Hannah Martin Late of Charles Town in South Carolina Widow setting forth as therein is sett forth & for the reasons therein men’coned praying to be Excused from payment of the s’d Duty of Tenn Ounces of Plate for five Negroes to witt three men called Coffee Wappin & Sampson and two Girls call’d Pegg and Phillis lately Tmported by her into this Colony in the Sloop Mary and Constante Cap’t Thomas Lynch Commander for every one of them from Charles Town in South Carolina on Acco’t of the late riseing of the Indians there and the other from Cap’t Jacobus Dekey in the behalf of Doct’r Christian Cooper & Mr. George Smith of Charles Towne in South Carolina afores’d Praying to be excused from paying the s’d Duty of Tenn Ounces of Plate for five Negro men called Tom, Sambo, Jack, Josca, Caesar for every one of them likewise lately Imported in the said Sloop into this Colony as aforoes’d which were consigned to the s’d Capt Jacobus Dekey for the use of the s’d Dr Christian Cooper as also praying to be Excus’d for paym’t of ye s’d Duty for one Indian Woman call’d Janne & her Daughter Nanny lately Imported in theLAWS OF THE COLONY OF NEW YORK. 875 Sloop afores’d for Each of them into this Colony w’ch were consigned to the s’d Jacobus Dekey for the use of Mr. George Smith for thé like reason as men’coned in ye pet’icon of ye s’d Capt. Jacobus Dekey recourse being thereto had may more at large appeare. BEE it Therefore Enacted By his Excell’cy the Govern’r by & with the Advice & Consent of ye Council & General Assembly of this province And by the Authority of the same That notwithstanding ye s'd already recited Act & ye Clause therein men’coned (w’ch Enacts ye paym’t of ye duty of Tenn Ounces of good Plate afores’d or in Bills of Crédit made Current in this Colony for every such Negro or other Slave y’t shall be Imported or otherwise brought into this Colony by ye Master or Comand’r of any Ship or Yessell or Owner of any Negro or other Slave in manner & forme as in ye s’d already recited Act îs sett forth & Enacted for paym’t thereof) That she ye s’d Hannah Martin Widow shall be & is hereby Excused & Exempted from paym’t of ail or any part of ye s’d Duty for her several Negroes call’d Coffee Wappin & Sampson Pegg & Phillis so imported into this Colony as afores’d And that the said Doct’r Christian Cooper shall be & is hereby excus’d & Exempted from payment of ye s’d Duty for his five Negroes call’d Tom Sambo Jack Josca & Caesar so likewise imported as afores’d into this Colony And that ye s’d Mr. George Smith shall be & is hereby Excus’d & Exempted from paym’t of ye s’d Duty for his s’d Negro Woman call’d Janne & her daughter Nanny according to the Prayers of ye Several Peti’cons of ye s’d Hannah Martin & Capt. Jacobus Dekey any Clause or Provisoe in the s’d already recited Act or any other Act, Law, Usage or Custome to the contrary thereof in any wise notwithstanding. PROYIDED Nevertheless that the said Hannah Martin Doctor Christian Cooper and Mr. George Smith shall respectively Give in sufîicient security to his Majesty his heires and Successors to be Approved of and taken by ye Oflicer Appointed to Collect the before mentioned Duties in ye penal Sume of Twenty One Ounces of plate as afoiesaid for every of ye respective Negroes and Slaves above men- tioned, That they shall well and truely pay or cause to be paid the beforementioned Duty of Ten Ounces of Plate for each of the said Slaves that shall be sold or Transferred at any time within One Year and a day from and after ye publication of this Act, Any thing in this Act Contained to ye Contrary hereof in any wise Notwith- standing.876 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 304] [Chapter 304, of Livingston & Smith and Van Schaack, where the title onfy is printed. This act is not in Bradford, 1715 ed. Title only is printed in Baskett, p. 217. The act from which relief is granted is chapter 267.] An Act to Releive Robert Lurting Vendue Master of the Province of New York from divers penalties in a Certaine Act of Generall Assembly made in the Twelfth Year of her Late Majesty Entituled An Act for laying a Duty on Goods Sold by publick Vendue or Out-Cry. [Passed, July 21, 1715.] WHFREAS by the said Act (amongst other things) it was Enacted that the Vendue Master should at the end of every three moneths give an Exact & true account to the Treasurer for the time being upon Oath of Goods and other things by him Sold at publick Out Cry & pay unto the Treasurer for every hundred Pounds Value Sold Tenn Ounces of plate for the uses therein men’coned & should in a Book for that purpose keep an Exact Account thereof, And if such Vendue Master should neglect to doe the same every three moneths he should forfeit double the duty imposed, if the same can be discovered, or fifty Pounds to be recovered as is therein directed as by the said Act may more at large appear. And whereas it hath appeared by the peti’con of the said Robert Lurting Vendue Master, that he hath complied w’th ye said Act in ail things according to ye Intent thereof, save onely In ye respective times limited in ye s’d Act w’ch has been occasion’d by ye s’d Vendue Masters not being sufficiently Impowered by ye s’d Act to enforce ye paym’t of ye s’d duty. Yet nevertheless he is fcecome subject toye penalty thereof, & for w’ch an Action hath been com’enced in ye Supream Court by ye Treasurer of this province against ye s’d Robert Lurting, which Action is still depending now for ye releiving the s’d Robert Lurting, from ye s’d penalties according to Equity & Justice the Act in ail things being now fullfilled, Be it enacted by ye Gov’r Council & Generall Assenÿbly of this province And it is hereby Enacted by ye Authority of ye same y’t ye s’d Rob’t Lurting his Goods & Chattles Lands & Tenements shall for ever hereafter be acquitted & discharged & they are hereby acquitted & for ever discharged off & from ail penalties paines & for- feitures by the said recited Act Imposed & by the said Robert Lurting incurr’d & of & from ail Action and Actions Information & Informa- tions whatsoever for touching or concerning the same. AND BE it further Enacted by the Authority afores’d That the said ActionLAWS OF THE COLONY OF NEW YORK. ✓ 877 comenc’d by the Treasurer now depending in the said Supream Court against the said Robert Lurting & ail proceedings thereupon, are hereby declared to be discontinued to ail Intents & purposes whatso- ever, & the Cheif Justice or Justices of the Supream Court afores’d,aud the Treasurer afores’d are hereby required to take notice accordingly & conform hereunto any thing in the said recited Act of General Assembly to the contrary hereof in any wise notwithstading. PROVIDED nevertheless that the said Robert Lurting pay and discharge the Costs and Charges Expended by the said Treasurer in the said Action comenced as aforesaid. [CHAPTER 305.] [Chapter 305, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford, 1715 ed., p. 233; Baskett, p. 220. Explained by chapter 740.] An Act to oblige the Inhabitants of each particular Ward within the City of New-York to make good their respective Quota’s of ail publick Taxes. [Passed, July 21, 1715.] WHEREAS some of the Collectors and Constables of the City of New York, who hâve had the Collecting of vhe Taxes, having got the Money into their possession, hâve with-drawn and removed into other parts with the Money, and others hâve converted great part thereof to their own private uses, who hâve not Estate enough to make Réparation, which loss to the Inhabitants of this City is occasioned by a remissness and neglect in not choosing able and responsible Men to serve in the said Offices; and heretofore has been made good by a fresh levy upon the Inhabitants of the whole city; TO THE; END therefore that this remissness and neglect be remedyed for the future; BE IT Enacted by His Excellency the Governour the Council and Assembly, And by Authority of the Same, That if hereafter any Collector or Con- stable of any Ward within the said City shall prove insolvent of the publick Taxes by him collected and received, or with-draw himself with the publick Money, so that it cannot otherwise be had and received,[the Inhabitants of such Ward as hâve chosen such Collector or Constable so offending shall make good the loss and damage in that behalf, by a fresh levy upon themselves, and not upon the Inhabitants of the whole City, as has been formerly,7 Any Usage or Practice to the contrary in any wiseT notwithstanding.878 LAWS OF THE COLONY OF NEW YORK. AND BE IT further Enactedl by the Authority aforesaid, That ail and every person or persons within the city of New York, who shall be elected and chosen as a Collector or Constable, and shall refuse to execute that Office, every such person or Per- sons shall pay as a Fine for every such refusai, the Sum of Fifteen Pounds Current Money of this Colony for the Use of the Corpora- tion of the said City, to be levyed by Warrant under the Seal of the said City, Signed by the Mayor thereof, for the Time being. PROVIDED always, That no Minister, Physician, Chirur- gion, Clerks of the Council, Assembly, and Courts, Attorneys, or any Person that has served in a Superior Office in the Corporation of the said City, shall and may be Elected for Constables or Collectors within the Same, Any thing before in this Act to the Contrary hereof in any wise notwithstanding. [CHAPTER 306.] [Chapter 306, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 226. Title only Is printed in Baskett, p. 218. Expired, July 21, 1717.] An Act for the Destroying Wolves in the County of Orange. [Passed, July 21, 1715.] WHERE AS the Inhabitants of the County of Orange in this Colony Suffer great Losses in their Stocks, both of Sheep and Neat Cattle by the increase of Wolves in the said County. For preventing which, and Encouraging those who shall destroy Wolves in the said County BE IT Enacted by his Excellency the Govern’r Council and General Assembly, And by the Authority of the same, That every person or persons inhabiting in the said County who shall kill any Wolf, and carry the head of it to any Justice of the Peace, such Justice of the Peace shall give him or them a Certificate to the Treasurer of the said County, who upon sight thereof shall pay to the Person inhabiting in the said County as aforesaid, the Sum of four Shillings and Six pence Current mony of this Colony, and to any Indian or Slave so killing any Wolf, & bringing such Certificate as aforesaid, the Sum of Three Shillings money aforesaid. AND BE IT further Enacted by the Authority aforesaid, That for Defraying the necessary charge of destroying of Wolves, There be raised, Levyed, Collected and paid by the ffreeholders, Inhabitants, residents and Sojourners of & Inhabiting in the saidLAWS OF THE COLONY OF NEW YORK. 879 County such Sum or Sums of money as to the Justices of the peace & Supervisors of the said County or the major part of them for. the time being, shall from time to time seem requisite and neces- sary, for the use aforesaid in such way & in like manner And ander such pains & forfeiture and under such régulations and Directions as ail other the Publick And necessary Charges of the said County are by Law raised, Leveyed collected and Paid, for the uses nevertheless as aforesaid, any Law Usage or Custom ;td the contrary hereof notwithstanding. AND BE IT further Enacted by the said Authority That this Act shall be and continue in force Two Years from and after thé Publication hereof And no longer. [CHAPTER 307.] [Chapter 307, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 232; Baskett, p* 219. Expired, July 21, 1720.] ‘ An Act for the better Repairing the Forti* fications of Schonectady in the County ol Albany, And Providing their Military Watch with ffirewood. [Passed, July 21, 1715.], WHEREAS it is highly necessary That the Fortifications of thé Town of Schonectady in the County of Albany, be kept in good Repair, BE IT therefore Enacted by His Excellency the Gover: nour, Council and Assembly, And It is hereby Enacted by thé Authority of the Same, That it shall and may be lawful to and for the Justices of the Peace of the County of Albany, dwelling in the Town of Schonectady and precincts thereof, in the said County, or the Major part of them, to raise and levy upon ail and every the Free-holders, Inhabitants and Sojourners, inhabiting and dwelling within the said Town and precincts thereof, and Out-Plantations to the same belonging yearly and once in every Year, during the continuance of this présent Act, for the Use Of His Majesty, His Heirs and Successors, Thirty Ounces of Plate* to be imployed by the said Justices of the peace for and towards the repairing of the Watch-houses and Gates of the said Town and for no other use and purpose whatsoever. AS ALSO such and so many Stockados as shall be wanting for the Fortifications of the said Town, AND for so many Load of ffire-wood as shall be necessary for the use of their Military Watch, by equal pro-ssa LAWS OF THE COLONY OF NEW YORK. portions, according to the respective Estâtes of the said Free- holders Inhabitants and Sojourners of the Town and precincts aforesaid. AND BE it further Enacted by the Authority aforesaid, That the said Stockadoes, Moneys and fire-wood, to be levyed by virtue of this Act, shall be raised, levyed, collected and paid in the sanie and like manner as ail other publick Taxes of this Colony are used to be levyed, collected and paid (save only, that the said Stockadoes and fire-wood are to be brought to such place or places as by the said Justices of the peace in the Town of Schonec- tady, in each respective place, shall be Directed and appointed, at the charge of the party who shall be assessed to deliver the Same) And more particularly according to the Rules and Direc- tions, and under the same and the like penalties and forfeitures as were directed and appointed in and by an Act of General Assembly of this Colony, made and Enacted in the Eighth Year of Her late Majesty’s Reign, Entituled, An Act for levying four thousand pounds, as if the same had been herein particularly mentioned and exprest, Any Law, Usage or Custom to the con- trary hereof in any wise notwithstanding. PROYIDED always, That this Act, nor any Clause therein contained, shall be any longer in force than five Years next and after the Publication hereof any thing herein contained to the contrary hereof in any jvays notwithstanding. [CHAPTER 308..] [Chapter 308, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 229; Baskett, p. 218. See chapter 149.] An Act for reviving and Continuing an Act, Entituled, an Act to prevent the runing away of Negroe Slaves out of the City & County of Albany to the French at Canada. [Passed, July 21, 1715.] WHEREAS an Act entituled, an Act to prevent the runing away of Negroe Slaves out of the City & County of Albany, to the French at Canada, made in the fourth Year of her late Ma’ty, Queen Anne, of blessed Memory, is Expired by its own Limitta- tion, being only in force during the late Warr with the French, which Said Act hath been of great Use to the said City & County; BE it therefore Enacted by his Excellency the Govern’r Council & General Assembly and it is hereby Enacted by the AuthorityLAWS OF THE COLONY OF NEW YORK. 881 of tke Same, That the said hereinbefore recited Act, & every Article, Clause & Thing therein mentioned & Expressed, shall be, & is hereby Revived, renewed, Continued & shal be in full force from the Publication hereof, the Provisoe in the said Act men- ’coned for its Limitation during the Warr with the French only Excepted, any thing to the Contrary hereof in any wise notwithstanding. [CHAPTER 309.] [Chapter 309, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 234. Title only Is printed in Baskett, p. 215.] An Act for Appointing an Agent, and directing the Treasurer of this Colony to pay the Sum of five hundred Ounces of Plate yearly to John Champanty, Agent to nego- tiate the Affairs of this Colony at the Court of Great Britain. [Passed, July 21, 1715.] IN ORDER that His Most Sacred Majesty may at ail times be informed of the true State and Condition of this Colony of New York, and His Loyal Subjects inhabiting the Same, BE IT Enacted by His Excellency the Governour, Council and General Assembly, And It is hereby Enacted by the Authority of the Same, That John Champantry, Esq’r be, and is hereby appointed an Agent for this Colony, to attend upon His Majesty and Ministers of State, pursuant to such Directions and Instructions as he shall, from time to time, receive from the Governour and Council, or the General Assembly of this Province. PROVIDED, such Instruc- tions and Directions as shall be given by the Governour and His Majesty’s Council of this Province, be Signed by the Governour and the Major part of the said Council in the Colony, And such Instructions and Directions as shall be given by the General Assembly shall be Signed by the Major part of the said Assembly, and the Speaker of the Same, for the time being; And that the said Agent shall not observe any other Orders or Instructions but such as corne to him Signed as above directed. AND for the better Enabling the said Champanty to discharge the Trust Reposed in him, for the beneflt of this Colony, BE IT Enacted by the Authority aforesaid, That the Treasurer of this Colony, for the time being, shall out of any Publick Money at any time in his hands not otherwise Appropriated, remit by Bills of Exchange, 111382 LAWS OF THE COLONY OF NEW YORK. to the said Champanty, or his Assigna, Yearly, the Sum of Three hundred and seventy five Ounces of Plate, as a Reward for his pains and Care, And the Sum of One hundred and twenty five Ounces of Plate, to be Employ’d and disburst for Fees, Sollicita- tions, and other necessary Charges for the Service of this Colony, to be accounted for by the said Champanty.. PROVDED, That the said Three hundred and seventy five, And One hundred and twenty five Ounces of Plate be not Sent or Remitted to the said Champanty, but by an Order of the General Assembly of this Province, Signed by the Speaker of the Same, for the time being. [CHAPTER 310.] [Chapter 310, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 229. Title only is printed in Baskett, p. 221. (See veto of chapter 362, in Doc. Rel. to Col. His., V., p. 530.) Expired, September 1, 1718. See chapter 183. Revived by chapter 362.] An Act for Continuing an Act entituled an Act for the easier Partition of Lands in Joint Tenancy or in Comon. [Passed, July 21, 1715.] BE it Enacted by the Governour Council & General Assembly, & it is hereby Enacted by the Authority of the same. That one Act of General Assembly entituled an Act for the easier Par- ti’con of Lands in Joint-Tenancy or in Comon, made in the Seventh Year of the Reign of her late Ma’ty almost Expir’d by ils own Limittation, shall be & is hereby Enacted by the Author- ity aforesaid, to be and continue in full force, for and until the first day of September, which shall be in the Year of our Lord, One thousand Seven hundred & Eighteen. [CHAPTER 311.] [Chapter 311, of Livingston & Smith and Van Schaack, where the title* only is printed. Printed in full in Bradford, 1715 ed., p. 230. Title only Is printed in Baskett, p. 216.] An Act for the Treasurers paying several Persons therein named, And for paying the Excise in Arrear to the Treasurer. [Passed, July 21, 1715.] BE IT Enacted by His Excellency the Governour Council and General Assembly And by the Authority of the Same, That the Treasurer of this Colony Do pay to the several Persons hereinLAWS OF THE COLONY OF NEW YORK. 883 after named or their Assigna the respective Sums hereafter exprest out of the publick Money that is or that shall corne into bis hands, not otherwise appropriated, That is to say: TO Lewis Morris Esq’r Fifty five Ounces of Plate or the Value thereof in Lyon Dollars or Bills of Crédit made Current in this Colony. TO Coll Gerardus Beekman, Fifty Ounces of Plate or the Value thereof in Lyon Dollars or Bills of Crédit made Current in this Colony. TO Martha Mompesson in part of seven hundred and fifty Ounces of Plate allowed her by a Résolve of the General Assembly the Sum of T’hree hundred seventy five Ounces of Plate, or the Value thereof as aforesaid. TO Gabriel Ludlow Clerk of the General Assembly, for his Ser- vice this présent Sessions of Assembly, for Ingrossing of Publick Acts and Transcribing the Minuts of the House, the Sum of Two hundred and Eight Ounces seven pennyweight and twelve Grains of Plate, or the Value thereof as aforesaid. TO Cornélius Post Doorkeeper of the General Assembly, for bis Service this présent Sessions of Assembly the Sum of Seventy five Ounces five pennyweight of Plate, or the Value thereof as aforesaid. TO William Bradford, for Parchment, Paper, Books of Acts of Assembly, Minute-Books, Quills and Ink, for the use of the General Assembly this présent Sessions, the Sum of Thirty one Ounces of Plate, or the Value thereof as aforesaid. TO Robert Crannel, the Sum of Twenty five Ounces of Plate, or the Value thereof as aforesaid. And that the Receipts of the several and respective persons herein before named or their Assigns shall be to the said Treas- urer a sufficient Warrant and Discharge for the Same. AND WHEREAS By the Treasurers Account laid before the General Assembly divers Farmers of the Excise in the Citys and Countys of New York and Albany and some other Countys within ibis Colony, who farmed the said Excise before the first Day of November One thousand seven hundred and thirteen Remain considérable Sums in Debt for the said Excise; RE IT therefore further Enacted by the Authority aforesaid, That the Arrears of the said Excise due from tbe several Farmers thereof within the several Cftys and Countys within this Colony Be paid Unto the said Treasurer within the Space of Six Months after the Publica- tion hereof, under the penalty of forfeiting double the Sum in884 LAWS OF THE COLONY OF NEW YORK. Arrear by the Farmer or Farmers of the said Excise, To be Recovered b y the Treasurer of this Colony, who is by this Act required and authorized to Sue for the same by Action of Debt in any Court of Record within this Çolony, wherein No Essoin, Protection or Wager of Law, or more than one Imparlance shall bc allowed, And that the said Treasurer defray the Charge of su ch Suits out of the Publick Money in his hands; AND if it shall so happen, That the Arrear of the aforesaid Excise, Directed by this Act to be paid unto the said Treasurer, remain unpaid by Neglect or Default of the said Treasurer, contrary to the true intent and meaning of this Act, Then and in such Case the said Treasurer shall be accountable for ail and every Sum and Sums remaining in Arrear and unpaid, as if the same had been actually received by him. [CHAPTER 312.] [Chapter 312, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1715 ed., p. 225. Title only is printed in Baskett, p. 217. Expired, January 21, 1716.] An Act for relieving the Inhabitants of the Colony of South Carolina from the Dutys laid and paid in this Colony of New York for such Goods Slaves and Merchandizes as they shall Import into this Colony during the time of Six Months. IPassed, July 21, 1715.] WHERE AS a great Number of the Inhabitants of the Colony of South Carolina, by reason of the War lately broke out in the said Colony with the Indians, are necessitated to transport them- selves and families with their Goods Slaves and Effects into this His Majesty’s Colony of New York for refuge and shelter; AND WHEREAS sundry Imposts are lay’d and payable in this Colony for the Use of His Majesty His Heirs and Successors for such Goods Slaves and Merchandizes as are or shall be Imported into this Colony pursuant to the Laws for that purpose Enacted. IN ORDER therefore to relieve the Inhabitants of the said Colony of South Carolina from the Dutys so laid as aforesaid. BE TT Enacted by His Excellency the Governour Council and General Assembly, AND IT IS hereby Enacted by the Authority of the Same, That for and during the Space of Six Months, from the five and twentieth Day of June in this présent Year One thousand seven hundred and fifteen, every Master, Commander or Owner ofLAWS OF THE COLONY OF NEW YORK. 885 any Sliip or Yessel shall within forty eight hours after his or their arrivai from the said Colony of South Carolina within this Colony make Oath before the Mayor of the City of New York, or any Justice of the Peace for the time being, that the Goods, Slaves and Merchandizes, so imported as aforesaid, are not only imported by persons Inhabitants of South Carolina, but from that place, and not otherwise, and that the Slave or Slaves so imported belong to the Importer or his. Employer before the said War broke out, in which Case every such Master, Owner, Importer or Employer as aforesaid is and are hereby exempted from the Dutys payable for the Goods, Slaves and Merchandizes so imported by him or them as aforesaid. PROVDED always, AND IT IS hereby further Enacted by the Same Authority, That every Importer, Master or Owner as aforesaid shall within forty eight hours after his or their arrivai within this Colony give in Security in double the Duty of eaoh Slave so imported, on Condition, that if he or they sell any of the said Slaves, he or they shall pay the Sum of Three Pounds Current Money of this Colony to His Majesty His Heirs and Successors for every Slave so sold by him or them, Any thing contained in this Act to the contrary hereof in any wise notwithstanding. [CHAPTER 313.] [Chapter 313, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in fnll in Bradford, 1715 ed., p. 235; Baskett, p. 217. Expired, July 21, 1720.] An Act for the better Repairing the Fortifications of the City of Albany, Providing their Military Watch with fire wood, and dis- charging of other the publick and necessary Charges of the said City. [Passed, July 21, 1715.] WHEREAS it is highly necessary, That the Fortifications of the City of Albany, be kept in good Repair, and that the publick and necessary Charge of the said City be duely discharged, BE IT therefore Enacted by His Excellency, the Govemour and Council, and General Assembly, and IT IS hereby Enacted by the Author- ity of the êame, That it shall and may be Lawful to and for the Mayor, Aldermen and Commonality of the said City of Albany, or the Major part of them, in Common Council assembled, to raise and levy upon ail and every the Free-holders, Inhabitants and Sojourners, inhabiting and dwelling within the said City and Corpo-886 LAWS OF THE COLONY OF NEW YORK. ration thereof, yearly and once in every Year, during the contin- uance of this présent Act, for the use of His Majesty, His Heirs and Successors, Three hundred Ounces of Plate, to be employed by the said Mayor, Aldermen and Commonality, or the Major part of them, for and towards the Repairing of the Watch-houses, Gates of the said City, and other the publick and necessary charges of the said City, and for no other use and purpose what- soever, to be paid to the Treasurer of the said City, for the time being, and to be issued by the said Treasurer by Warrant from the Mayor, Aldermen and Commonality, for the time being, or the Major part of them; AS also, such and so many Stockadoes as shall be wanting for the Fortifications of the said City, And so many Load of fire-wood as shall be necessary for the use of their Military Watch, by equal proportions, according to the respec- tive Estâtes of the said Free-holders, Inhabitants and Sojourners of and in the City aforesaid, to- be by them brought and delivered to such place and places, or to such person and persons in the said City, for the uses aforesaid, as to the said Mayor, Aldermen and Commonality assembled, as aforesaid, or the Major part of them, shall from time to time seem meet. AND for the better Executing of this Act, BE it Enacted, and It is hereby Enacted by the Authority aforesaid, That the Stockadoes, Plate and Fire- wood, to be levyed by virtue of this Act, shall be raised, levyed, collected and paid in the same and like manner as ail other pub- lick Taxes of this Colony are usually levyed collected and paid (save only, that the Stockadoes and the Fire-wood are to be brought to such place and places as by the Mayor, Aldermen and Commonality of the said City, or the Major part of them assem- bled, as aforesaid, shall be directed and appointed, at the Charge of the party who shall be Assessed to deliver the same) And more particularly, according to the Rules and Directions, and under the same and the like penalties and forfeitures, as are directed and appointed in and by an Act of the General Assembly of this Colony, made and Enacted in the Eighth Year of Her late Majesty’s Reign, Entituled, An Act for levying Four Thousand Pounds, As if the same had been herein particularly mentioned and exprest, Any Law, Usage or Custom to the contrary hereof in any ways notwithstanding. PROVIDED always, That this Act, nor any Clause herein contained, shall be any longer in force than five Years next and after the publication hereof, any thing herein contained in any wise notwithstanding.LAWS OF THE COLONY OF NEW YORK. 887 THE SEVENTEENTH ASSEMBLY. First Session. . (Begun June 5, 1716, 2 George I; Robert Hunter, Governor.) [CHAPTER 314.] [Chapter 314, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 131. The aet is not in Baskett. See chapter 167. Continued by chapter 398.] An Act for Reviving an Act, entituled, an Act for the Encouragement of Whaling. [Passed, June 30, 1716.] Be it Enacted by the Governour, Council and Assembly, and by the Authority of the same, That one Act of General Assembly, cmtituled, an Act for the Encouragement of Whaling, made in the Seventh Year of the Reign of her late Ma’ty Queen Anne (of Glorious Memory) expiFd by its own Limitta'con, shall be, and is hereby Enacted by the Authority aforesaid, to be of force from the Publication hereof, for & until the first day of November, which shall be in the Year of our Lord One Thousand Seven hun- dred and Twenty & no Longer. [CHAPTER 315.] [Chapter 315, of Livingston & Smith and Van Schaack, where the title only is printed. The act is not in Bradford, 1732 ed., or Baskett. See chapter 296. Revived by chapter 334.] An Act Reviveing an Act, Entituled, an Act for the better Settling* the Militia of this Province, and making it more useful for the Security and Defence thereof, And for Repeale- ing ail former Acts heretofore made in this Province relateing to the saine. [Passed, June 30, 1716.] BE IT ENACTED by the Governor, Council and Assembly, And it is hereby Enacted by the Authority of the same, That an Act, Entituled, an Act for the better Settleing the Militia of this Prov- ince, and making it more useful for the Security and Defence thereof, And for Repealing ail former Acts heretofore made in this Province relating to the Same, made in the first Year of the Reign of her late Majesty Queen Anne (of blessed Memory)88S LAWS OF THE COLONY OF NEW YORK. Expired by its own Limitation, Shall be of fforce from tbe ffirst day of November next Ensuing, untill the ffirst day of November which will be in tbe Year of our Lord One thousand Seven hundred and Seventeen. [CHAPTER 316.] [Chapter 316, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 130. This act is not in Baskett. See chapter 151. Expired, July 1, 1730.] An Aet for preserving Deer in the County of Ulster, and Reviving an Act, entituled, an Act for the Préservation of Deer. [Passed, June 30, 1716.] Be it Enacted by the Gov’r, Council & Assembly, & it is hereby Enacted by the Authority of the same, That any person or persons within the County of Ulster, Christian or Indian, Freeman or Slave, that shall kill or Destroy a Buck, Doe or Faun, or any Sort of Deer at any time of the Year, Except only between the first Day of August, and the first Day of January, shall be Liable to the pains, penalties, Forfeitures and Régulations, men’coned and express’d, in an Act, entituled, an Act for the préservation of Deer, made in the fourth Year of the Reign of our Soveraign Lady Queen Anne (of Glorious Memory) expired by its own Limita’con, which Act shal be & is hereby Enacted by the. Authority aforesaid- to be in force from the publication hereof, for and Until the first Day of July, which shall be in the Year of our Lord Seventeen hundred & Thirty. [CHAPTER 317.] [Chapter 317, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 131. This act is not in Baskett. See chapter 244.] An Act to prevent the selling & giving of Rum or other Strong Liquors to the Indians. [Passed, June 30, 1716.] WHEiREAS it hath been found by Expérience, that the Use of Rum & other Strong Liquors, by the Indians of the County of Albany, has not only been destructive to their Bodys, but their Minds are thereby so deprived of the right use of their Natural understanding & Reason, that they become Ungovernable, & are led into the practices of ail sort of Vice & Immorality; for pré- vention whereof for the future, Be it Enacted by the Gov’r, theLAWS OF THE COLONY OF NEW YORK. 889 Council & General Assembly, & b y Authority of the Same, That if any person or persons whatsoever within the City & County of Albany, shall from & after the Publication hereof, give, sell or otherwise Dispose of any Rum, Brandy or Spirits, Wine, or any other Strong Liquor whatsoever, to any Indian or Indians within the said City & County of Albany, Such person or persons, so as aforesaid giving, Selling or otherwise disposeing of any Rum, Brandy, Wine, or any other Strong Liquor to any Indian or Indians within the said City & County of Albany, & being thereof Convicted by the Oath of any one Christian, or the Affirmation of one Indian, before the Mayor or Recorder of the said City of Albany, or before any one Justice of the Peace of1 the said City or County afores’d, who is hereby Impowered to Administer & take such Oaths and Affirmation, shall for every such Ofïence, forfeit the Sum of five pounds, One half whereof to be to the use of the Said County where Such Offender shall be Convicted, & the other half to the Use of the Informer, to be Levy’d by Distress & sale of the Offenders goods, by Warrant under the hands & Seal of the Person or Persons before whom such Conviction was made, which Warrant such Person or Persons, as aforesaid, hâve like- wise power to make, Seal & Grant, & where distress cannot be made upon the Offender or Offenders in this behalf, that then it shall & may be Lawfull for the said Mayor or Recorder, or any one Justice of the Peace, as aforesaid, to Commit such Offender or Offenders to Prison, there to remain without Bail or Mainprize, for the space of three Months from the time of such Conviction, as aforesaid. PROYIDED alwayes, and it is hereby Enacted, That, any Person or Persons so affirmed against, by such Indian or Indians who shall Immediately before Such Mayor or Recorder, or Justice of the Peace, as aforesaid, make Oath upon the holy Evangelist, to the Contrary of Such Affirmation, of such Indian or Indians, such Person or Persons so swearing, shall be Dis- charged from the Affirmation of such Indian or Indians. And because the good Intent of this Act shall not be frustrated by the secret and Clandestine Practices of Persons for the sake of private advantage, Be it Enacted by the Authority aforesaid, That from and after the publication hereof, It shall & may be Lawfull for the said Mayor or Recorder, or any One Jus- tice of the Peace of the said City or County Aforesaid, as often as he or they shall think fit, to send for any Person or Persons whatsoever, whom they shall Suspect, privately to Offend against the Law in this behalf made, And administer to such Person or Persons so suspected, an Oath upon the Holy Evangelists, to 112890 LAWS OF THE COLONY OF NEW YORK. purge themselves from the said Suspisition, in the Words f ollow- ing. >A. B. do swear, That I hâve not Directly or indirectly by myself or any other for me, from & after Publica’con of an Act, entituled, an Act to prevent the selling & giving of Rum or other Strong Liquors to the Indiants, Given, Sold or otherwise Disposed of any Rum, Wine, Brandy or other Strong Liquors to any Indian or Indians, within the said City or County aforesaid, or to any other Person or Persons whatsoever for them, or any of them, Contrary to the true Intent & mean- ing of this Act. And every such Person or Persons so suspected, as aforesaid, not appearing upon summons duly made, or appearing, either Confessing the aforesaid Facts, or refusing to take the aforesaid Oath, shall forfeit the sum of Five pounds, undergo the Imprisonment aforesaid ; the Forfeiture to be Levyed, Divided & Dispos’d of in manner aforesaid. Pro- vided always, That no Forfeiture or Imprisonment shall be inflicted upon any Person whatsoever in this behalf, for not appearing Upon Summons duly made, untill an Affidavit be made upon Oath, of the due Service of the said summons upon the said Suspected Person or Persons before the said Mayor or Recorder of the said City, or before any one Justice of the Peace of the said County aforesaid, who are hereby Impowered to Administer such Oath to the Constable or Officer, who shall hâve Served the same, any thing before to the Contrary thereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That if any of the aforesaid Officers, or any sheriffs or Constables of the aforesaid City and County, do neglect or refuse to Act, in the putting this Act in Execu’con, every such Officer so neglecting or refusing to put the same in Execution, According to the true intent & meaning of this Act, shall for every such Offence Forfeit the lik’e Sum of Five pounds, or undergo such Imprisonment of three months, as aforesaid. [CHAPTER 318.] [Chapter 318, of Livingston & Smith and Van Schaaek, where the title only is printed. This act is not in Bradford, 1732 ed., or in Baskett. Expired June 30, 1721.] An Act for the building & Ereeting two Wooden houses for Sheds for the Acoomoda- tion of the Indians Trading at Albany, & for keeping them in good Repair. [Passed, June 30, 1716.] WHERE AS the Trade with the Indians at Albany is of great advantage to the Country, & it being therefore necessary to pre-LAWS OF THE COLONY OF NEW" YORK. 891 vent ail Quarrels & Troubles, that may arise & happen between the Traders Living at Albany, & the said Indians, that some place & places be set a part for the Lodging & accomodating the said Indians, when they corne to Trade with the Iphabitants of the said City, as hâve been heretofore Usual. Be it therefore Enacted by his Excellency the Governour, Coun- csil & General Assembly, & by the Authority of the same, That the Comm’rs for Mannaging the Indian aJffairs at Albany, or the Major part of them, do with ail Convenient Speed cause to be Erected & built, two wooden houses & Sheds, each of the Length of seventy foot, & the breadth of fifteen foot, nigh the said City, on the hill behind the Fort, a hundred Yards, or thereabout, above a Certain Spring on the said hill, one on the one side of the Road that Leads to Schenectady, and the other on the other side thereof, with the Distance of One hundred Yards from the said Road, & that the said Comm’rs or the Major part of them, do Cause the same to be kept in good Repair during the Continuation of this Act. And for tbe Defraying of the necessary Charges for the building, Erecting & keeping the said two Houses in Repair, Be it Enacted by the Authority aforesaid, That a Sum not Exceeding Two* hundred & fourteen Ounces & a Quarter of Silver Plate, be laid, Assessed, rais’d and Levy’d, upon the Estâtes, Real and Personal, of ail and every the Person & Persons, Trading, or reputed to Trade, or to be Dealers, Traffickers or Traders with the Indians, and Inhabiting within the said City of Albany, to be paid into the said Comm’rs, or such Person as they shall appoint to receive the same, at such Time & Times, & in Such proportion & proportions hereinafter mentioned, to be dispos’d of by the said Comm’rs or the Major part of them, for the Uses aforesaid, & to no other use & purpose whatsoever, That is to Say, a Sum not Exceeding One hundred & Six Ounces & a Quarter of Silver plate, on or before the first Day of September, in this présent Year of our Lord, one thousand Seven hundred & Sixteep. A further Sum not Exceeding, Twenty seven Ounces of silver Plate, as aforesaid, at or before the Twenty Fifth Day of March, which shal be in the Year of our Lord, One Thousand Seven hundred & Seventeen. A further Sum, not exceeding Twenty Seven Ounces of Silver Plate, at or before the Twenty fifth day of March, which shall be in the Year of our Lord, One Thousand Seven hundred and Eighteen. A further Sum, not Exceeding Twenty Seven Ounces of Silver Plate, as aforesaid, at892 LAWS OF THE COLONY OF NEW YORK. or before the Twenty fifth Day of March, which shall be in tbe year of our Lord, One Thousand Seven hundred & Nineteen. And a further sum, not Exceeding Twenty Ounces of Silver Plate, as aforesaid, at or before The Twenty fifth Day of March, which shall be in the Year of our Lord One Thousand Seven hundred & Twenty. And be it further Enacted by the Authority aforesaid, That for the better Assessing, raising, Collecting & receiving the respective Sums aforesaid, that the Assessors & Collectors of the said City of Albany for the Assessing and Collecting the Publick Rates for the Publick & necessary Charges of the said City, for the time being, be the Assessor & Collector, for the Assessing & Collecting the sum & sums of Plate as aforesaid, according to the Proportions before Express’d, in like manner as the Publick Rates are Usually Laid, Assessed & Collected. And be it further Enacted by the Authority aforesaid, That the Assessors & Collect- ors appointed for the Executing of this présent Act, shall be & are hereby Declared to be Under the same Régulation, pains & Penalties, and Vested with the same Authorities as are Declared in an Act, of the General Assembly of this Colony, made in the Eighth Year of her late Ma’ties Reign, entituled, an Act for Levying Four Thousand Pounds. And be it further Enacted by the Authority aforesaid That the said Comm’rs for the Indian affairs at Albany, for the time being, or the Major part of them, do allow out of the mony to be raised by this Act,unto the respective Collectors hereby appointed to receive the same, three & three Quarters per Cent, for what sums he or they Shall Collect by Yirtue of this Act, & two & a half per Cent, to Such Person as Shall be by them appointed to receive ail the mony of this Act Provided always, That this Act nor any Clause therein Contained, shall Continue to be of Force any Longer than the term of five Year s after the Publication hereof. And be it further Enacted by the Authority aforesaid, That the said Comm’rs for Indian affairs, or any one of them, are hereby required & Impowered to Administer on Oath to each of the said Assessors for the due performance of their Dutv men’coned in this Act, any thing in this or in any other Act to the Contrary in any wise notwithstanding.LAWS OF TnE COLONY OF NEW YORK. 893 THE SEVENTEENTH ASSEMBLY. Second Session. (Begun August 21,1716,3 George I; Robert Hunter, Governor.) [CHAPTER 319.] [Chapter 319, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in fuH in Bradford, 1732 ed., p. 130; Baskett, p. 223. See chapter 113. Repealed by a clause in chapter 583, which expired the first of December, 1739.] An Act for Destroying Wolves & Foxes in the County of West Chester. [Passed, September 1, 1716.] For the better Encouragment of Destroying Wolves & Foxes in the said County that is Assigned in an Act, entituled an Act for the Destroying of Wolves within this Colony, made in the flrst Year of the reign of our late Soveraign Queen Anne of Glorious Memory. Be it Enacted therefore by his Excellency the Governour Council & General Assembly & by the authority of the same. That from and after the publication hereof, any Christian or Slave who shall Destroy or kill a Wolf or Wolves, their Whelp or Whelps within the said County of West Chester, shall be paid for each Wolf so killed, the Sum of Two pounds Current money of this Colony and for every Wolf s Whelp, the Sum of Twenty shillings like money, & three shillings for every Fox & Eighteen pence for every Young Foxe, to be rais’d Collected and paid in such manner, & under such Kestrictions and régulations as are mentioned & Express’d in the said Act. AND be it further Enacted by the Authority aforesaid that any Indian who shall Destroy a grown Wolf in the said County, shall be paid Twenty shillings, & for every wolfes Whelp Ten shillings, For every grown Fox, Eighteen pence, and Nine pence for every Young Fox. [CHAPTER 320.] [Chapter 320, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not printed in Bradford, 1732 ed. Printed in full in Baskett, p. 226. Expired September 1, 1721. The minutes of the Council do not indicate that this act was signed September first, but the original law bears that date and the minutes of the Assembly state that it was signed on September first. (See Journal of Assembly, p. 390.)] An Act for the better Repairing the Fort- ifications of the City of Albany, and provid- ing their Military watches with firewood. [Passed, September 1, 1716.] WHEREAS it is highly necessary that the Fortifications of the City of Albany be kept in good Repair, for the Defence of the Fronteer.894 LAWS OF THE COLONY OF NEW YORK. BEE it therefore Enacted, and it is hereby Enacted by his Excellency the Govern’r & Council, & Gen’ll Assembly, & by the Authority of the same, That it shall & may be Lawful ta & for the Mayor, Aldermen & Comonalty of the s’d City of Albany, for the time being, or the Major part of them, in Comon Council Assembled, to Levy & Raise upon ail & every the Freeholders, Inhabitants & Sojourners inhabiting, Dwelling & residing within the said City, from time to time, & at ail times during the con- tinuant of this présent Act, by Equal proportions, according to their respective Estâtes, such & so many Stockadoes for repairing the Fortifications of the said City, & so many Load of fire- wood, for the use of their Military Watch, to be by them brought & Delivered to such place & places, as to the said Mayor, Alder- men & Comonalty Assembled, as aforesaid, shall, from time to time, seem meet & Convenient, at the proper Cost & Charges of the party bringing & delivering the same. And be it further Enacted by the Authority aforesaid, * That it shall & may be lawful to & for the May’r, Aldermen & Comonalty of the said City of Albany, or the major part of them, in Comon Council assembled to raise & Levy upon ail & every the free-holders, Inhabitants & Sojourners Dwelling within the said City, Yearly & once in every Year, during ye continuance of this présent Act, for the use of his Majesty, his heires & Successors, a Sum not exceeding One hundred & fifty Ounces of good Silver plate, Yearly, or value thereof in Current money of this Colony, to be employed by the s’d Mayor, Aldermen & Comonalty, or the major part of them in Comon Council Assembled, for the defraying the Publick & necessary Charges of the said City, in such manner as unto the said Mayor, Aldermen & Comonalty assembled, as aforesaid, shall seem meet. And for the better Executing of this Act, be it Enacted, and it is hereby Enacted by the Authority aforesaid, That the Stock- adoes, money & firewood to be Levyed by virtue of this Act, shall be raised, levyed, Collected & paid within the said City in the same & like manner as ail other publick Taxes of this Colony are used to be Levyed, collected & paid, and more particularly according to the Rules & Directions, & under the same & the like penaltys & forfeitures as are directed & appointed in & by An Act of the Gen’ll Assembly of this Colony, made & Enacted in the Eighth Year of her late Majesties Reign, Entituled, An Act for Levying four thousand Pounds, as if the same had been herein particularly men’con’d & Expressed, unless otherwise directedLAWS GF THE COLONY OF NEW YORK. 895 by this présent Act, any Law, Usage or Custom to the contrary bereof in any ways notwithstanding. Provided always, That this Act, & every Article & Clause therein contained, shall be of force for the time of five Years next & after the publication hereof, & no longer, any thing herein contained to the contrary hereof in any ways notwithstanding. [CHAPTER 321.] [Chapter 321, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 226.] An Act for Discharging Coll Kilian Yan Renseluar Major Dirick Wessells and Mindert Schuiler Esq’r of the City of Albany for and Concerning the Provisions Amunitions and other Stoares of Warr formerly in their hands belonging to this Colony. [Passed, September 1, 1716.] WHEREAS by an Act of the General Assembly of this Colony made in the Eighth Yèar of Her late Majesties Reigne Entituled An Act for levying Six thousand Pounds the said Kilian Van Ranseluar Dirick Wessells & Myndert Schuiler were appointed Commissioners at Albany for managing the affairs relating to the Provisions and ail other neoessarvs for the then Expédition against Canada and were allso thereby Invested with Sundry Powers & Authorityes for Executing the trust in them Reposed, And whereas the Said Coll: Kilian Yan Ranslar Major Dirick Wessells and Mindert Schuiler Esq’r & each of them Respectively hâve duly and faithfully executed the trust in them and every of them Respectively reposed by the beforementioned Act of Assem- bly & bave Respectively Rendered their Accompt of the Stoares of this Colony to the Satisfaction of the Generall Assembly Bee it therefore Enacted by the Goveraour Councill & General Assem- bly and it is hereby Enacted by the Authority of the Same that the Said Coll: Kilian Yan Renselaar Major Dirick Wessells & Mindert Schuiler Esq’r and every of them their and every of their Heirs Execut’rs And Administrâtes be and are hereby forever discharged of and from ail Debts dues and Demands whatsoever for and concerning ail manner of Provisions Ammunitions Stoares of Warr Sum and Sûmes of money goods wares and Merchandizes89G LAWS OF THE COLONY OF NEW YORK. and other Effects which came ta their and every of their hands belonging to this Colony for the Use of the Said Expédition against Canada Respeetively. And be it further Enacted by the Authority afores’d that the Said Coll: Kilion Van Renselaer Maj’r Derick Wessells and Myndert Schuiler Esq’r and every of them their and every of their Heirs Exécutas & Administ’rs be & hereby are and every of them is & shall be for ever Discharged of and from giving or making any further or other Accompt or Accompts relating or concerning the matters afforesaid or any of them, they & every of them hath & having fairely & Truly accompted for the Same & they & every of them their and every of their Heires Execut’rs & Admin- ist’rs are hereby declared to be thereof from henceforth & for ever quiet & Discharged. [CHAPTER 322.] [Chapter 322, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 223.] An Act for the Treasurers paying to his Excellency one thoueand and Twenty five Ounces of Silver Plate. [Passed, September 1, 1716.] Be it Enacted by his Excellency the Governour, Councill and General Assembly, & by the Authority of the Same; That the Treasurer of this Colony Pay to his Excellency, Robert Hunter, Esq’r his Execut’r or Assigns, out of the Publick money that is or Shall corne into his hands, (the Excise Money Excepted) Seven hundred & Fifty Ounces of Silver Plate, or the value thereof in Lyon Dollars or Bills of Crédit made Current in this Colony, for Defray- ing the Charges of Soliciting the Royal Assent to the Act, Entituled, An Act for paying & Discharging Debts & Sums of Money Claimed as Debts of the Colony, to the Persons therein named, & to make & enforce the Ourrency of Bills of Crédit to the value of Twenty Seven thousand Six hundred and Eighty pounds for that purpose, &c And Two hundred Seventy five Ounces of like Money, intended, but by mistake Omitted to be mentioned in the Said Bill.LAWS OF THE COLONY OF SEW YORK. S9Z [CHAPTER 323.] [Chapter 323, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not printed in Bradford, 1732 ed., or in Baskett. Revived by chapter 371.] An Act appoynting an Agent for this Colony at the Court of great Britain, & for Raising of money Annually to Defray the Charge thereof, in the roome of John Oham- pante, Esq’r decec’d. [Passed, September 1, 1716.] That his most Sacred Ma’ty may be duely Informed of the Exact Condition & State of his Colony of New York, Be it Enacted by the Gov’r, Council & General Assembly, & by the Authority of the Same, That Ambrose Philips, Esq’r be, and hereby is appointed an Agent for this Colony, to attend his Ma’ty & Minis- ters of State, pursuant to Such Directions & Instructions as he Shall, from time to time, receive from the Gov’r & Council, or the General Assembly of this Province; Provided, Such Instructions & Directions as, shall be given by the Governour and Council in this Province, be Signed by the Gov’r & the Majority of the Council in the Colony; & Such Instructions & Directions as Shall be given by the General Assembly, shall be Signed by the Major part of the s’d Assembly, & the Speaker of the Same, for the time beîng; & that the said Agent shall not observe any other Orders or Instructions but such as corne to him Signed as above Directed. And for the better Enabling the Said Ambrose Philips to Discharge the Say’d Trust, for the benefit of this Colony, Be it Enacted by the Authority aforesaid, That the Treasurer of this Colony, for the Time being, shall, out of any publick Money, at any time in his hands, not appropriated, Remit by Bills of Exchange, or Spanish plate, to the Said Ambrose Philips, or his Assigns, Yearly, the Sum of Three hundred & seventy five Ounces of Plate, as a Reward for his Trouble & Diligence, & the Sum of One hundred and Twenty five Ounces of Plate to be Imployed & Disburst for fees, Solicitations And other Necessary Charges, for the Service of this Colony, to be accounted for by the Said Ambrose Philips, Provided, That the Said Three hundred & Seventy five Ounces, & One hundred & Twenty five Ounces of Plate, be not sent or Remitted the Said Ambrose Phillips but by an order of the General Assembly of this province, Signed By the Speaker of the Same, for the time being. 113«98 LAWS OF THE COLONY OF NEW YORK. This Act to be in force from the Twenty fifth Day of December now next Ensuing, & for the Spaee & term of Two Years then next following, & no Longer. [CHAPTER 324.] [Chapter 324, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Printed in full in Baskett, p. 224. Expired, July 1. 1720. See chapter 273.] An Act to oblige ail Vessels Trading into this Colony, Except such as are therein Excepted, to pay a Certain Duty, & for the further Explanation & Rendring More Effect- uai Certain Clauses in an Act of General Assembly of this Colony, Entituled, an Act, by which a Duty is Lay’d on Negroes & other Slaves Imported into this Colony. [Passed, September 1, 1716.] WHEREAS Disputes do often arise on the Colleeting of the Duties on the Tonnage of Yessells, To- prevent therefore the Same for the future, Be it Enacted by his Excellency the Gov’r, Coun- cil & General Assembly, & by the Authority of the Same, That there be given and Granted to his Ma’ity, his heyers & Success- ors, for & towardes the Supporting of his Government in the Colony of New York, the Duty and Imposition following, on the Tonnage of ail Vessels trading in this Colony, from the Pub- lication of this Act, to the first day of July, in the Year Seven- teen hundred & Twenty, & no longer, that is to say, Seven peny weight & a half in good Coyn’d Plate, Civill, Pillar or Mexico, or Bills of Crédit made Current in this Colony, to the Value thereof Pr Ton, according to the Tonnage of the Ship or Vessel, and the Comander, Master, Owner or Owners of any Such Vessel or Vessels, Shall be obliged to Report, Enter & pay the Duty, according to the Guage of his or their Vessel or Vessels, under the Same pains, penalties, Régulations, Restrictions Conditions & forfeitures Mention’d & Contain’d in an Act of the General Assembly of this Colony, past in the Thirteenth Year of her late Ma’itis Reign, Entituled, an Act for Levying & paying the Several Duties therein Mentioned for the Use of this Colony. And The person or Persons appointed or to be appointed for the Colleeting the Same, shall be Invested with ail & every the powers andLAWS OF THE COLONY OF NEW YORK. 899 Authorities prescribed And Directed in and b y the Said Act. Provided always, and it is the True Intent & meaning of this Act, that ail Coasting Sloops belonging to the Massachusets, Rhode Islànd, Connecticut or New Jersey, whilst their Navigation is to & from Those parts, Ships or other Vessels built in tliis Colony, or wholly owned by the Inhabitants thereof, are & shall be Excepted. And whereas, by Register, often it appears, that Ships & other Yessels not built in this Colony, do wholly belong to the Inhabitants of the same, & befqre their Departure out of this Colony, are Transfir’d & made over to Straingers and other Per- sons beyond the Seas, with an Intent to frustrate the true intent & meaning of this Act, To prevent therefore the Like of Such frauds & abuses for the future, Be it therefore Enacted by the Same Authority, That the Officer appointed, or to be appointed, shall & is hereby Authorized & Impowered to Demand an Oath of any Owner or Owners of any Ship or other Yessel not built in this Colony, which Oath shall be given before the Mayor of the City of New-York, or before any Justice of the peaoe for the time being, &'that at any time before the Departure of Such Yessel, so by the said officer Suspected, That Said Yessel or Yessels do wholly belong to the Inhabitant or Inhabitants of this Colony, & on Refusing to take Such an Oath, Shall forfeit the Sum of fourty pounds Current Money, to be Recovered & applyed in man- ner & form as is Directed, Expressed, Intended & Prescribed in an Act of General Assembly made in the Thirteenth Year of Her Late Ma’itys Reign, as abovesaid. AND WHEREAS by one Act of General Assembly of this Col- ony, Entituled, an Act for a Supply to be granted to his Majesty, a Duty is Layd on Negro Slaves Imported from Africa, & the West Indies, which Clauses, as they now stand in the Act, may admit of Doubts & Disputes, To prevent therefore the Same, Be it Enacted by the Authority aforesaid, That there be paid for every Negro Slave Imported Directlv from Africa, In Yessels wholly owned by the Inhabitants of this Colony, the Sum of five Ounces of plate aforesaid, or Bills of Crédit made Current in this Colony, to the Yalue thereof ; & that the Duty of Ten ounces of Like plate, or Bills of Crédit, as aforesay’d, be pay’d for Each Negroe, Indian or Mulatto Slave Imported into this Colony, in any Yessel directly from Africa not wholly owned by the Inhabitants of this Colony. And that the Like Duty of Ten ounces of Plate or Bills of Crédit, to the Value thereof, be paid for Each Negro Indian or900 LAWS OF THE COLONY OF NEW YORK. Mulatto Slave Imported into this Colony from any parts of thé West Indies, or any of the Neighbouring Colonys Imported or otherwise brought into the saine; ail Negroes or other Slaves belonging to the Navigation of any Ships, Sloop or other Vessel, & Slaves belonging to the Neighbouring Colonies going to & from one Colony to the other, on the Service of their Owners, Masters or Mistresses, only Excepted; & the Said Duties to be Collected & Levy’d by the Officer or Officers appointed for Collecting the Same, in Such Mapner & under, Such Restrictions, Limitations Directions, pains, penalties & forfeitures as is Contained, Men- tioned, Meant, Expressed & Intended in & by an Aet of General Assembly of this Colony made in the Thirteenth Year of her Late Majesties Reign, Entituled, an Act for Levying & paying the Several Duties Therein Mention’d, for the use of this Colony hereto* fore mentioned. And be it Enacted by the Autliority aforesaid, That ail Masters of Vessels, or other persons, who shall be Suspected by the Offi- cer to hâve Imported, or other wayes brought into this Colony any Negro or other Slaves, such Master or person or persons so Suspected, Shall be Obliged to give his Oath before the Mayor of the City of New York, or any Justice of the peace, for the time being, how many Negroes or other Slaves he or they brought into the same; & on the Refusai to- take Such an Oath, shall forfëit Double the Sum Layd And Imposed by this Act for Every Negro or other Slave so Imported, to be applyed & Recover’d in manner & form as above Exprest, any thing to the Contrary hereof in any ways notwithstanding. Provided alwayes, & it is the true Intent & meaning hereof, that no Negroe or other Slave that shall be Imported, as abovesaid, under the Age of four Years, ye Master or Owner thereof Shall not be obliged to pay any Sum or Sums of Money for the same; But in Case any Différence Might arise Between the said officer and ye said Master or Owner of any Negro or other Slave, Relating to their Age, then & in Such Case the Said Negroe or Negroes, or other Slave or Slaves, shall be brought before any Two Justices of the Peace of the City & County of New York, who are hereby Impowered to View the Said Slave or Slaves, & Their Detirmination Shall be binding to both Parties. And be it further Enacted by the Authority afores’d That ail Ships or other Vessels that shall not be built in this Colony, altho’ v^holly owned by the Inhabitants of this Colony, shall beLAWS OF THE COLONY OF NEW YORK. 901 lyable to the Said Duty of Tonnage from & after the Publication kereof, Except as hereinbefore Expressed. Provided alwayes, & it is kereby declared & Enacted by'the Authority aforesaid, Tkat no other or further Duty or Imposition shall or may be Exacted for The Tonnage of Skips or other Ves- sels, or on the Importation of Negroes or other Slaves, unies» as in & by this Act is Mentioned, laid, Imposed & Exprest, any thing in this Act, or any former or other Act of Assembly to the Con- trary hereof in any wise notwithstanding. [CHAPTER 325.] [Chapter 325, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 226. Provided for by chapter 387.] An Act nominating Commissioners to Farme the Excise thro the Colony. [Passed September 1, 1716.] WHEREAS by an Act of General Assembly of this Colony, made in the twelftk Year of Her late Majestys Reign, entituled, an Act for laying an Excise on ail strong Liquors Retailed in this Colony, It is amongst other things Enacted, That there shall be given and Granted unto her Ma’tie, her Heirs & Successors, from the first Day of November, in the Year of our Lord One Thousand Seven hundred & Fourteen, until the first Day of November, which shall be in the Year of our Lord One Thousand Seven hun- dred & Thirty four, for the Uses in the Say’d Act mentioned and Expressed, an Excise upon ail Strong Liquors Retailed thro’out this Colony under the Quantity of Five Gallons (Beer & Syder only Excepted) to wit, the Eighth part of an Ounce of Sevil, Pillar or Mexico Plate for every Gallon so Retailed, & Three quarter» of an ounce of the Say’d Plate for every Barrel of Beer or Syder; To the end therefore, that the Say’d Duty of Excise may be orderly Collected, and managed to the best Advantage, for & towards the Uses in the Say’d Act Expressed, Be it Enacted by the Governor, Oouncill and General Assem- bly, & by the Authority of the Same, That the Persons herein- after named, shall be, & are hereby appointed Commissioners for one Year next ensuing, to Commence from the first Day of August, One Thousand Seven hundred & Sixteen, to let the say’d Excise to Farm thro’out the Citys & Countyes of this Oollony, form LAWS OF THE COLONY OF NEW YORK. which they shall be named (tliat is to Say) For the City & County ol New York, Johannes Jansen, John Gruger & Phillip Schuyler, Esq’r. For the City and County of Albany, Phillip Livingston & Thomas Williams, Esq’r. For the County of Suffolk, Robert Hudson, Esq’r. For Queens County, Major Isaac Hicks. For Kings County, Coll : Richard Stilwell. For the County of West Chester, Capt. Joseph Budd. For the County of Ulster, Maj’r Johannes Hardenbergh & Capt. Johannes Rutsen. For Dutches County, Capt. Leonard Lewis. For the County of Richmond, Mr. Paul Droilhet. For the County of Orange, Capt. John Corbet. And be it further Enacted by the Authority aforesaid, That the said Commissioners for the Cityes or Countyes for which they are named, are hereby Required, authorized and Impowered to Let to Farm the aforesaid Excise in their Respective Citys & County s, to the Several Retailers of Strong Liquors, dwelling within the Same, on the first Tuesday in October, or at any time thereafter, for the most Sum or Sums of Money The Said Com- missioners can get, for the greater Increase of the Said Excise, granted by the Said Act, publick Notice shall be first given of the time & place Such Farming is appointed, to be made by fixing Advertisements thereof in the most Publick: Places in every Respective City, County, Town, Mannor & Precinct, Ten days before the time the same is to be farmed, as aforesaid. And the Said Comm’rs are hereby Required to see that good & Sufficient Security, by Recognizances, be given by ail and every Person or Persons that shall Farm the Same, as aforesaid, Conditioned, That they pay the same Quarterly, by equal and even payments, into the hands of the Respective Comm’rs that shall Let the Same, who are hereby appointed to Receive the Same; & in two Monthes after the Excise Shall be Farmed, to give the Treasurer of this Colony a true acco’t of the Sum & Sums it hath been Farmed for, according to the Intent of this Act. And be it firther Enacted by the Authority aforesaid, That it shall and may be Lawful to & for the Said Commissioners, Respeetively, to Examine, Upon Oath, every Retailer they shall agréé with, Respeetively, for the Excise as aforesaid, what they pay’d formerly for the Same. And be it firther Enacted by the Authority aforesaid, That the Said Comm’rs are, Respeetively, hereby Required & ImpoweredLAWS OF THE COLONY OF NEW YORK. 903 to Sue ail and Every Such Retailer & Retailers, their Surety & Sureties, that Shall not duley pay the Sum & Sums of Monèy he, she or they hâve agreed to pay for the Excise aforesaid, at the time & times in their Several Recognizances mentioned & Exprès!:, before any Three of His Majesties Justices of the Peace,. one whereof to be of the Quorum of the City or County where such Retailer or Retailers do Resyde, who are hereby Required,, authorized & Impowered to make out Proeess against such Retailer or Retailers, & finally to hear & Détermine The Same, & award Execution upon his, lier or their Recognizance or Recog- nizances, against the Goods & Chattles, Lands & Tenements of the Said Retailer or Retailers, his, her & their Surety & Suretyes, and Law, Usage or Custom to the Contrary hereof in any ways notwithstanding. And be it further Enacted by the Autliority aforesaid, That the Said Commissioners, & every of them, do enter into Bond or Recog- nizance to his Majesty, his heirs and Successors, at or before the first Day of October next, with Sufficient Suretyes, to be approved of at least by two of his Maj’ts Justices of the Peace of eacb Respective City & County within this Colony. FOR the City & County of New York, the Sum of Twelve hun- dred pounds. 5 FOR the City & County of Albanv, the Sum of Two hundred pounds. FOR the County of Ulster, the Sum of Sixty pounds. FOE Dutches County, the Sum of Twenty pounds. FOR Orange County, the Sum of Twenty pounds. FOR West Chester County, the Sum of Sixty pounds. FOR the County of Richmond, the Sum of Sixty pounds; FOR Kings County, the Sum of Sixty pounds. FOR Queens County, the Sum of One hundred & Fifty pounds and For Suffolk County, the Sum of One hundred & Fifty pounds, with Condition, That they pay Quarterly, by even & Equal pay- ments, into the hands of the Treasurer of this Colony, for the time being, who is hereby appointed to receive the Same, ail such Sum & Sums of Money as they shall hâve Respectively Received for the Excise afores’d, within Thirty Davs after the Same is corne, Respectively, to their or either of their hands, together with an Exact acco’t of what is not by them Rece’d, & for which they hâve put the Recognizances in Suit, if any there be, which when Recovered, they are f be two, shall think fitt to appoint for that purpose, in such Convenient times as shall be agreed upon by the said Mayor, Aldermen and Commonality, or such nine of them as aforesaid, which said sum of Five hundred pounds shall by the Treasurer aforesaid, or such person or persons as shall be so, as aforesaid, appointed to Receive the same, be paid to the uses hereinafter mentioned and Expressed, and to no other use whatsoever, & Accounted for in such manner and fïorm as other publick Moneys in the hands of former Treasurers of the Said City hâve, or ought to be accounted for. AND BE IT further Enacted by the Authority aforesaid, That the said Sum of five hundred pounds to be Raised by Virtue of this Act, shall be and is hereby Appropriated to and for the Carrying the said Comon Sewer from the end of the said Broad-Street, Tlirough the Said Dock, into the East-River as the said Mayor, Recorder, Aldermen and Commonality shall think Convenient, And for Cleansing and Scowering of the Bason of the said Dock from ail Dirt, Rubbish, Ouze, Mud and sand, so as to Render it useful and Serviceable for the harbouring and Sheltering of Vessels, Especially in the Winter Season, and for Repairing and Mending of the publick , Wharff of the said City. AN BE IT FURTHER ENACTED by the Authority afore- said, That if any person or persons Shall Refuse or neglect to pay the sum so by virtue of the Act Rated and Assessed, the Collector Shall hâve power to Levy the same by Distress and Sale of the Offenders goods and Chattels, with Reasonable Charges of Dis- tress, Restoring to the owner the Over-plus, if any be. AND BE IT FURTHER ENACTED by the Authority afore- said, that it shall be in the power of the said Mayor, Aldermen and Commonality, or any Nine of them, whereof the Mayor and Recorder to be Two, to appoint such person or persons as theyLAWS OF THE COLONY OF. NEW YORK. 909 «hall tkink fit, to be Overseers of the said Work, and to purchase Materials Nessessary, and agréé with Work-men, and to order the payaient of the Said Money for the uses aforesaid, as they shall think fltt. [CHAPTER 328.] [Chapter 328, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 174; in Baskett, p. 233, as having been passed in November, 1717. Tkat part of this act that reduced interest to six per cent repealed by chapter 360. The whole act expired May 27, 1722.] An Act for the Restraining the taking of Extravagant and Excessive Usury. [Passed, May 27, 1717.] WHERE AS the Great and Excessive Usury now Commonly taken in this Province is found to be a very great Discouragement tu the Trade, and an Obstruction to the Settlement of the Same; for Remidying and preventing of which for the future, be it Enacted by the Governour, Council and General Assembly, and by the Authority of the Same, That no person whatsoever shall after the Publication of this Act, take, directly or Indirectly, any greater Use or Interest that Six pounds, Current Money of this Province for the forbearance of one hundred pounds for a Year, And so after that Rate for a greater or Lesser Sum, or for a Longer or Shorter time, for the Loan of any Moneys, Wares, Mer- chandizes, or any Coinmodities whatsoever. And that ail Bonds, Gontracts and Assurances of what nature and Kind Soever they be, made after the Time aforesaid, for payment of any Principal or Money, Goods, Wares, Merchandize or Commodities Lent, or Covenanted, to be performed, upon or for any Usury or Interest, whereupon or whereby there shall be Reserved or Taken, directly or Indirectly, above The Rate of Six pounds in the hundred, as afforesaid, Shall be utterly void, and that ail and every Person or Persons whatsoever which shall, after the time afforesaid, upon any Contract to be made after the Publication of this Act afforesaid, by way or means of any Bargain, Loan, Exchange, Chevisance, ’Shift, of any Wares or Merchandizes, or other thing or things whatsoever, or by any Deceitfull [way or means, or by an^ Covin, Craft, Invention, fetch or Deceitfull] Convevance, or under the notion of broakage, Storage, procurage, Service, or by any other ways or means whatsoever, it be Contrary to the true910 LAWS OF THE COLONY OF NEW YORK. Intent and meaning of this Act or to Elude and avoid the Ends and Intention thereof, take, accept or Receive, Directly or Indi- rcctly, for the forbearing or giving Day of Payment for one wbole Year, of and for their Money, or other thing, above the Sum of Six pounds for the forbearing of one hundred pounds for a Year, and so after that Rate for a Greater or Lesser Sum, or for a Longer or Shorter Tenu, Shall forfeit and Lose for every Such Offence, the Treble Value of the Money s, Wares, Merchandize ard other Things so Lent, bargained, Sold, Exchanged, Shifted, Stored or Procured. [And be it further Enacted by the Authority afforesaid, That ail and every Scrivener and Scriveners, Broker and Brokers, Solliciter and Solliciters,] Practicioner of the Law, and Practicioners, Driver and Drivera of Bargains for Contracts, who shall, after the time aforesaid, take or Receive, directly or Indirectly, any Sum or Sums of Money, or other Reward, or thing for Broakage, Soliciting, Driving or Procuring the Loan or bar- gain, or the forbearing of any Sum or Sums of Money, over and above the Rate or Value of Ten Shillings for the Loan, or for forbearing of one hundred pounds for one Year, And so propor- tionably for a Greater or Lesser sum, or above Eighteen Pence for the making or Renewing a Bond or Bill for the Loan, or for the forbearing thereof, or for any Bond, Counter-bond or Bill eoncerning the Same, Shall forfeit for every Such Offence Twenty pounds, and hâve Imprisonment for half a Year; The one Moyetie of ail which forfeitures mentioned in this Act, to his Majesty, His Heirs and Successors, and the Other Moyetie to him or them that will Sue for the Same in any Court of Record within this Province by Action of Debt, bill, plaint, or Information, in which no Essoin, Wager of Law or Protection to be allowed. Provided Always and it is the true Intent and Meaniiig of this Act, That ail Bonds or Mortgages Executed before the Publication of this Act, the Obliger or Mortgager, his Heirs, Executors or Admin- istrais Shall pay to the Obligée or Mortgagee, his Executors, Administrators or Assigns until the time of Payment of such Bond or Mortgage, Such Interest for the forbearance of the Money due by the Same, as the Said Obligor or Mortgager, Agreed to pay to the Said Obligée or Mortgagee. This Act to Continue and be in force for and during the Space of Five Years after the Publication thereof, and no longer.LAWS OF THE COLONY OF NEW YORK, 911 [CHAPTER 329.] LChapter 329, of Livingston & Smith and Van Schaack, where the title oniy is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 231.] An Act to enable Mary the Widow and Executrix of John Corbett Dec’d to convey & assure a certaine dwelling house and Tene- ment and the ground thereunto belonging Scituate and being on the West side of the broad Street in the City of New York. [Passed, May 27, 1717.] WHEREAS John Corbett in his Life time, in order to Raise money for the payment of his just debts, did order the Vendue master, by publick out-cry, to make Sale of his certaine dwelling house and Tenement with the ground thereunto belonging, Scituate and being on the West side of the broad-street, in the City of New York, between the Houses Late of Caleb Cooper on the South Side, and house of Coonraed Teneyck on the North side, which was performed and executed by the Vendue Master, on the Twenty Seventh day of September One thousand Seven hundred and Sixteen And one of the Conditions of Sale made for the Same was, that the Said John Corbett Should give a good title to the buyer or purchaser thereof, and also put the purchaser into Possession thereof the first day of May then next following. And Patrick Macknight as highest bidder did purchase the Same, but so it is that by the will of God before the Same bargaine and Condition could be performed to wit the Seventeenth Day of January One thousand Seven hundred and Sixteen the Said John Corbet departed this Life It being the earnest desire & Request of the Said Mary the Widow and Executrix of the Said Deceased that the just and pyous intent of her Said Deceased Husband should be made effectuai. BE IT THEREFORE ENACTED by his Excellency the Governour the Council and Représentatives of this Colony in Generall Assembly meet and assembled and it is hereby Enacted and Ordained by Authority of the Same That it shall and may be Lawfull from henceforward and at any time hereafter to and for the Said Mary the Widow and Executrix of the said John Corbett to finish and compleat the Same agreement or bargaine so made of the Same Dwelling house and Tenement with its Heredita-912 LAWS OF THE COLONY OF NEW YORK. ments and Appartenances unto the Said Patrick Macknight anc in case he the Said Macknight dos not comply with the aforesaid conditions of Sale to any other person or persons whomesœver And the Same Mary is hereby fully authorized and Impowered to Seal and Exécuté ail maner of Deeds or Instruments in Writ- ing and to Act and do ail Lawfull & necessary Act and Acts thing and things needfull and necessary for the Assuring and confirming of such sale or Sales to be niade thereof to the Said Patrick Macknight or to any other Person or Persons whomsoever which Conveyance or Assurance of the Said Dwelling house and other the Premises shall be as good and effectuall by lier as if the Same were done and perfected by the Said John Corbett in full Life being the Omission of Punctuall time of performance and L>elivering of possession or any other Defect neglect or Inperfec- tion in any waies notwithstanding, PROVIDED allways that it Shall not be in the power of the Said Widow to alter the Pious intent of the Testator of applying the Considération money Corn- ing by the Sale towards the discharg of his just Debts. [CHAPTER 330.] [Chapter 330, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett,- p. 231.] An Act Declaring a Sloop now upon the Stocks in the Colony of Connecticut belong- ing to Mr. Jacob Moene free from the Duty of Tonnage. [Passed, May 27, 1717.] WHEREAS the Said Mr. Jacob Moene of the City of New York by his Peti’con presented to the General Assembly, Set forth, That before the Publishing an Act entituled an Act to Oblige ail Vessels Trading into this Colony, Except Such as are therein Excepted, to pay a Certaine Duty & for the further Explanation and rendring more Effectuai certain Clauses in an Act of General Assembly of this Colony, Entituled an Act, by which a Duty is laid on Negroes & other Slaves Imported into this Colony, the Said Jacob Moene had a Sloop more than half built in the Said Colony of Connecticut & is now ready to be Lanched, which Said Sloop he design ed Should Sail out of this Port of New York Therefore prays he may be free from the said Duty of Tonnage. BE it therefore Declared and Enacted by the GovernourLAWS OF THE COLONY OF NEW YORK. 913 Council and General Assembly and by the Authority of the Same. That the Said Sloop so by him built in the Said Colony is by this A et acquitted freed and Discharged from paying the Said Duty of Tonnage and the penalties and Forfeitures Expressed in the Said Act hereinbefore mentioned, or any other Act, to ail Intenta and purposes whatsoever Dureing such time only as the Sole and Intire propperty of the said Sloop doth or shall Actually and bona fide belong to the Inhabitants of this Province. [CHAPTER 331.] [Chapter 331, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 231.] An Act Deelaring a Sloop called the Good Intent built at New Port in Rode Island belonging to Messeirs Benjamin Faneuil Thomas Bayeux Andrew Fresneau and David Minvielle free from the Duty of Tonnage. [Passed, May 27, 1717.] WHEREAS the Said Messeirs Benjamin Faneuil Thomas Bayeux Andrew Fresneau and David Minvielle Merchants of the City of New York by their Pet’icon presented to the General Assembly Setting fort-h, That Some Small time before the Pub- lishing of An Act entituled an Act to Oblige ail Vessels Trading into this Colony Except Such as are therein Excepted to pay a Certain Duty, and for the further Explanation and rendring more effectuai certain Clauses in an Act of General Assembly ol this Colony entituled an Act by which a Duty is laid on Negroes and other Slaves Imported into this Colony Wherein amongst other things it is Enacted That ail ships or other Yessels that Shall NOT be built in this Colony although wholly Owned by the Inhabitants of this Colony Shall be lyable to the Said Duty of Tonnage from and after the Publication thereof Except ail Coasting Sloops belonging to the Massachusets Rode Island Connecticut or New Jersey whilst their Navigation is to & from thoses Parts, or other Vessels built in this Colony or wholly owned by the Inhabitants thereof, are and shall be Excepted, Did send and Direct their Factor to Rode Island to purchase a Sloop therefor them in Order to Sail out of this Port of New York which by the Distance of Places was Impossible for them 115914 LAWS OF THE COLONY OF NEW YORK. the Said Messeirs Benjamin Faneuil Thomas Beyeux Andrew Fresneau and David Minvielle to Contradict before the Said Act was Published. Therefore humbly prayed the Said Sloop might be Cleared from paying the Said Duty of Tonnage. BE it therefore Enacted and Declared by the Govemour Coun- cil & General Assembly and by the Authority of the S*ame, That the said Sloop is by this Act acquitted freed Exempted and Dis- charged from paying the Said Duty of Tonnage and the Penal- ties & Forfeitures Expressed in the Said Aet hereinbefore mentioned, or in any other Act, to ail Intents and purposes what- soever Dureing such time only as the Sole and Intire propperty of the Said Sloop doth or shall Actually and bon aflde belong to the Inhabitants of this Province. [CHAPTER 332.] [Chapter 332, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 173. Printed in full in Baskett, p. 231.] An Act for building a County House and Prison in Dutches County. [Passed, May 27, 1717.] Be it Enacted by the Governour, Council and General Assembly, and by the Authority of the Sanie, That the Justices of the Peace for the Say’d County, or any two of them, with the Judge of the Common-pleas of the Said County, are hereby Authorized, Impowered & Required, within forty Days after the Publication of this Act, to Meet together within the Said County, to Issue forth their Warrants under their hands and Seals, to the Constables of the Said County, Requiring ail and every of them to warn ail the Freeholders inhabit- ing within the Said County, to meet at a certain time and place within the Said County, and there by Plurality of Voices elect and appoint two able and Sufficient Free-holders of and Inhabiting in the Said County to be Supervisors and Directors for Building the Said County House and Prison ; at or near the most Convenient place at Poghkepse. And be it further Enacted by the Authority aforesaid, That the said Supervisors and Directors are hereby Required and Directed to Cause to the Said County-House and Prison to be Built and Erected in manner aforesaid within Three Years next and after the Publica- tion hereof*LAWS OF THE COLON Y, OF NEW YORK. 915 And be it further Enacted by the authority aforesaid, That for Defraying the Necessary Charges of Building and Finishing the Said County-House and Prison aforesaid, within the Said time, There be raised; Levied, Collected and paid by the Free-holders, Inhabitants Residents and Sojourners of and in the Said County, within the Time of Three Years aforesaid, in Such proportions as the Said Supervisors and Directors Shall think fit, to the Treasurer of the Said County, for the time being, Such Sum & Sums of Money as they shall think Requisite and necessary for the Same, Provided, the Same do not Exceed the Sum of Two hundred and Fifty Ounces of good Mexico, Pillar or Sevil Plate, or Value thereof in Bills of Crédit made Current in this Colony, which Said Sum is to be Raised, Levied, Collected, paid and Disposed of, for the uses aforesaid, in Such way, and in Like manner, and under such Pains Forfeitures, Régulations and Directions, as ail other due and necessary Charges of the Said County, or any other County within this Province, are by Law Raised, Collected and paid, for the Use aforesaid, any Law, Usage or Custom to the Contrary in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That the Said Treasurer is hereby Appointed and Required to Pay the Said Money hereinbefore to be Collected and paid to him, to Such Uses as is hereinbefore Directed, Pursuant to the Warrants as Shall be directed to him under the Hands and Seals of the Said Supervisors Or any one of them. [CHAPTER 333.] [Chapter 333, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford, 1732 ed., p. 13G. Baskett, p. 230. See chapter 1372.] An Act for Annexing that part of the Mannor of Livingstone, which now Lies in Dutches County, unto the County of Albany. [Passed, May 27, 1717.] WHEREAS the Mannour of Livingston being scituate on the East Side of Hudsons River, in this Colony, is part thereof in Dutches County, which Renders the Administration of Justice Sometimes Difficult, Be it Enacted by the Governour Councill and Generall Assembly and by the Authority of the Same, That from and after the Publica- tion of this Act, that the Mannor of Livingston Shall be, and forever Remain and be Annexed to the County of Albany, [and be accounted as part, Parcel and Member thereof; which Bounds of the said916 LAWS OF THE COLONY OF NEW. YORK, Mannor shall End and Terminate the County of Albany,] on the East-side of Hudsons River, as the Sawyers Creek doth Terminate the Same on the West-side thereof, lying opposite the one to the other, always, Reserving to the Proprieter of the said Mannor, his Heirs and Assigns ail such Franchises, Priviledges, & Immunities, which hâve from time to Time been granted to him, his Heirs and Assigns, from his présent Majesty King George, and his Royal Pre- decessors, Kings and Queens of England. BE IT further Enacted by the Authority aforesaid, That for the better Defraying the Common and necessary Charge of the said Mannor of Livingston. That it shall and may be Lawful for the Inhabitants of the Mannor of Livingston To Elect and Chuse, Yearly and every Year, one Supervizor, one Treasurer, one Assessor & one Collector for the Said Mannor, who shall hâve the same power, Authority, Office and Function, and do, perform, Exécuté and Serve, and be Liable to the Same Pains and Penalties as the Supervizors, Treasurer s, Assessor s and Collector s of the se ver al and Respective Counties within the Colony hâve, ought, or are intended to hâve, do, Perform, and be Liable to by one Certain Act of General Assembly, Passed in the Year of Our Lord One thousand Seven hundred and three, Entitled, An Act for the better Explaining, and more Effectuai puting in Excecution An Act made in the Third Year of the Late King William and Queen Mary, of Glorious Memory, Entituled, an Act for Defraying the Publick and Necessary Charge thro’-out this Province, and for Maintaining the Poor and preventing Vagabonds. (And be it further Enacted by the Authority aforesaid, That the Wages and Charges of their Représentative or Deputy in General Assembly, Shall be Equal with any Mannour, City Burrough or County in this Province, and the Inhabitants of the Same Mannour Shall only be Liable to Defray the Wages and Charge of their oun Représentative or Deputy in General Assembly, and not otherwise, but shall not be excused from any other Publick County Charge.] Provided always, and it is hereby further Enacted, That this Act nor any part thereof shall be construed to Extend to Exempt that part of the Mannour of Livingston formerly in the County of Dutches from paying and Discharging ail Taxes and Arrears of Publick Taxes and Dues, due, laid or Payable before the Publication of this Act, And shall be Levied, in Case of Refusai of Payment, in the same method and manner as usual, and as though this Act had never been made, Any thing herein to the Contrary hereof in any wise notwithstanding.LAWS OF THE COLONY OF NEW YORK. 917 [CHAPTER 334] [Cliapter 334, of Livingston & Smitli ancl Van Schaack, vvliere tlie title only is printed. Title only is printed in Bradford. 1732 ed„ p. 173; Baskett, p. 232. Expired in 1718. See cliapter 315. Revived by cliapter 357.] An Act Eeviving an Act, Intituled, an Act for the Better Settling the Militia of this pro- vince and making it more usefull for the Security and Defence thereof, And for Eepealing Ail former Acts heretofore made in this province relating to the Same. [Passed, May 27, 1717.] BE IT ENACTED by the Governour Council & Assembly, And it is hereby Enacted by the Authority of the Same, That an Act, Intituled, an Act for the better Settling the Militia of this province, and making it more usefull for the Security and Defence thereof, And for Eepealing ail former Acts heretofore made in this Province Eelating to the Same, made in the first Year of the Eeign of her late Majesty, Queen Anne (of Blessed Memory) Expired by its own Limitation, Shall be of force from the first day of November next Ensuing, until the first day of November which will be in the Year of our Lord One Thousand Seven Hundred and Eighteen. [CHAPTEE 335.] [Chapter 335, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 173. Printed in full in Baskett, p. 229. See chapter 282. Expired, May 1, 1720.] An Act Eeviving an Act, entituled, an Act for Encouraging the Indian Trade at Albany. [Passed, May 27, 1717.] BE it Enacted by the Governour, Council & General Assembly, and it is hereby Enacted by the Authority of the Same, That an Act, entituled, an Act for Encouraging the Indian Trade at Albany, made in the thirteenth Year of the Eeign of her late Ma’ty, Queen Anne, of Glorious Memory, expired by its owne Limittation, shall be of Force from the Publication hereof, until the first Day of May, which shall be in the Year of our Lord, One Thousand Seven hun- dred and Twenty.918 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 336.] [Chapter 336, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 231.] An Act for Exempting the Pink Charlotte from paying the Duty of Tonnage. [Passed, May 27 1717.] For the preventing of ail Disputes that might hereafter arise between the Receiver of the Dutys Imposed by an Act of the General Assembly of this Province made in the last Sessions Entituled an Act to Oblige ail Vessels Trading into this Colony, Except Sucli as are therein Excepted, to pay a certaine Duty, and for the further Explanation and rendring more effectuai certaine Clauses in an Act of General Assembly of this Colony, Entituled an Act by which a Duty is Laid on Negroes and other Slaves Imported into this Colony and Henry Cuyler, Moses Levy Samuel Levy and Jacob Franks the présent Owners of the Pink Charlotte Concerning the payment of the Duty on Vessels Imported by the Said Act. Be it Enacted by his Excellency the Governour Council and Gen- eral Assembly, and it is hereby Enacted by the Authority of the same, That the said Pink or Vessel called the Charlotte of the Bur- then of Eighty Tuns or thereabouts and which was Condemned in the Court of Admiralty in this Colony in the Month of November last, and Since bought by the Said Henry Cuyler Moses Levy, Samuel Levy and Jacob Franks ail of the City of New York Merchants for their Owne proper Use and behoof shall be and is hereby Exempted and freed from the Duty Imposed by the before mentioned Act and shall so remain freely acquitted and Discharged of the Same and every part thercof during the time they the said Henry Cuyler, Moses Levy, Samuel Levj and Jacob Franks or any other Inhabitant or Inhabitants of this Colony Shall be the Sole and only owner or Own- ers thereof the said Act or any other Law Usage or Custome to the Contrary hereof in any wise notwithstanding. [CHAPTEB 337.] [Chapter 337, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 231.] An Act to Clear a Sloop upon the Stocks in the Province of New Jersey belonging to Colonel John Johnston from the Duty of Tonnage. [Passed, May 27 1717.] WHERE AS, the said Colonel John Johnston Mayor of the City of New York by his Pétition presented to the General Assembly, setLAWS OF THE COLONY OF NEW YORK. 919 forth, That sometime before the passing of an Act, entituled, an Act to Oblige ali Vessels Trading into this Colony (Except such as are therein Excepted) to pay a certaine Duty & for the further Explana- tion and rendring more Effectuai certaine Clauses in an Act of Gen- eral Assembly of this Colony, entituled, an Act, by which a Duty is laid on Negroes & other Slaves Imported into this Colony, the said Colonel John Johnston had a Sloop upon the Stocks in the Said Province of New Jersey, & is now ready to be Lanched, which said Sloop he designed should Sail out of this Port of New York and therefore prays he may be free from the said Duty of Tonnage. BE it therefore Declared and Enacted by the Governour Council and General Assembly, and by the Authority of the same. That the said Sloop so by him built in the Said Province of New Jersey, is by this Act acquitted, freed and Discharged from paying the said Duty of Tonnage, & the Penalties and Forfeitures expressed in the said Act hereinbefore mentioned, or any other Act to ail Intents and purposes whatsoever. Dureing Such Time as the Sole and entire property of the said Sloopi Doth or shall Actually belong to the •Inhabitants of this Province. THE SEVENTEENTH ASSEMBLY. Fourth Session. (Begun Sept. 5,1717,4 George I, Robert Hun ter, Governor.) [GHAPTER 338.} [Chapter 338, of Livingston & Smith and Van Schaack, where*the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 238.] An Act for Exempting the Snow or Yessel called the Leghorne from paying the Duty of Tonnage. [Passed, November 2, 1717.] For the preventing of ail Disputes, that might hereafter arise between the Receiver of the Dutys Imposed by an Act of the General Assembly made the last Sessions, entituled an Act to Oblige ail Vessels Trading into this Colony Except such as are therein Excepted to pay a certaine Duty & for the further Explanation and rendring more effectuai certaine Clauses in an Act of General Assembly of this Colony, entituled, an Act by which a Duty is laid on Negroes and-other Slaves imported into this Colony, and Rodrigo Pachecoe of the City of New York Merchant the présent Owner of the Snow920 LAWS OF THE COLONY OF NEW YORK. or Vessel called the Leghorne, concerning the payment of the Duty on Vessels Imposed by the said Act. BE it Enacted by his Excellency the Governour Council and General Assembly, & it is hereby Enacted by the Authority of the Same, that the said Snow or Vessel called the Leghorne of the burden of Eighty Tons or thereabouts & which was built in the Colony of Connecticut on or about the time of the Passing the above mentioned Act and now lately brought into this Colony, & whereof the said Rodrigo Pacheco is the Sole & only Owner shall be and hereby is Exempted & Freed from the Duty Imposed by the before mentioned Act, and shall so remain freely acquitted and Discharged from the same and every part thereof during the time the said Roderigo Pacheco or any other Inhabitant or Inhabitants of this Colony, shall be the sole and on*ely Owner and Owners thereof, the said Act or any other Law Usage or Custome to the Contrary hereof in any wise notwithstanding. [CHAPTER 339.] [Chapter 339, of Livingston & Smith and Van Schaack, wliere the title # only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 239.] An Act for Exempting the Sloop Mary and Hannah from paying the Duty of Tonnage. [Passed, November 2, 1717.] For the preventing of ail Disputes that might hereafter arise between Jhe Receiver of the Dutys Imposé by an Act of the General Assembly of this Colony passed in their last Sessions, entituled, an Act to Oblige ail Vessels Trading into this Colony Except such as are therein Excepted, to pay a Certaine Duty and for the further Explanation and rendring more effectuai certaine Clauses in an Act of General Assembly of this Colony, entituled an Act by which a Duty is laid on Negros & other Slaves Imported into this Colony and William Waldron Owner of the Good Sloop or Vessel called the Mary and Hannah Concerning the payment of the Duty on Vessels Impos’d by the said Act. BE it Enacted by his Excellency the Gov- ernour Council and Generpl Assembly, and it is hereby Enacted by the Authority of the same, That the said' Sloop or Vessel called the Mary and Hannah of the Burden of Thirty Tons or thereabouts, lately built in the Province of New Jersey and wholly belonging to the said William Waldron of the City of New York Shopkeeper, shall be and hereby is exempted & freed from the Duty Impos’d onLAWS OF THE COLONY OF NEW YORK. 921 Vessels by the beforementioned Act and shall so remain freely acquitted and Discharged from the Same and every part thereof during the time the said William Waldron or any other Inhabitant or Inhabitants of this Colony shall be the Sole and only Owner or Owners thereof, the Said Act or any other Law, Usage, or Custome to the Contrary hereof in any wise notwithstanding. {CHAPTER 340.] [Chapter 340, of Livingston & Smith c,nù Yan Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 173. This act is not in Baskett.] An Act for an Allowance to the Représen- tative of the Township of Schenechtady in the County of Albany. [Passed, November 2, 1717.] WHEKEAS the Supervisor of the Township of Schenechtady has neglected & refused to allow the Wages & Sallary due to the Représentative of the afores’d Township for the Year 1716. Be it therefore Enacted by his Excellency the Gov’r, the Council & Gen- erall Assembly, That the Représentative of the Township of Schenech- tady shall be allowed for his Service & Attendance As a Représenta- tive in the Generall Assembly of this Province in the Year 1716. Ten Shillings pr Day. And be it further Enacted by the Authority affores’d, That from the first day of April, 1717, until the first day of Decemb’r next ensuing, the Représentative of the afores’d. Township shall hâve the Same Wages & allowance as above men’coned, to comence from his coming out till his Retnrn home, not exceeding Eight Davs for his going or Coming. And the Supervizor, for the time being, is hereby authorized, appointed & required on the first Tuesday of Dec’r next, to raise, or cause to be raised, levyed & collected by the Assessor & Collector of the s’d Township of Schen- echtady, for the time being, the s’d Wages of the s’d Représentative, under the Penalty of fifty Pounds, one half thereof for the behoof of his Maj. the other half to such Per son as shall sue for the Same. And be it further Enacted by the Authority afores’d, That the s’d Supervizor, for the time being, shall nominate & appoint a Treas- urer on the first Tuesday of December next ensuing, & so annually & every Year, for the future, which s’d Treasurer shall Receive the s’d Money from the Collector, & pay the same, by virtue of a Warrant under the hand & Seal of the Supervizor, to the s’d Représentative or Deputy. 116922 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 341.] [Chapter 341, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 135; Baskett, p. 237. The act referred to is chapter 250. Repealed by chapter 560.] An Act for Explaining and Rendring more Effectuai an Act of the Generall Assembly of this Colony, Entituled, An Act for prevent- ing, Suppressing and punishing the Conspiracy and Insurrection of Negroes, and other Slaves. [Passed, November 2, 1717.] WHEREA.S by one Act of General Assembly of this Colony, Entituled, an Act for preventing, Suppressing and punishing the Conspiracy and Insurrection of Negroes, and other Slaves, passed in the Eleaventh Year of her la te Majesties Reign, It is (amongst other things) therein Enacted, That any Master or Mistress Manumitting and setting at Liberty any Negroe, Indian or Malatto Slave, shall Enter into sufficient Security unto her Majesty, her heirs and Suc* cess c rs, with two Sureties not less, than the Suine of Two hundred pounds, to pay Yearly and every Year, to such Negroe, Indian or Malatto Slave, during their Lives, the Sum of Twenty pounds lawful Money of this Colony. And if such Negroe, Indian or Malatto Slave shall be made free by the Will or Testament of any person Deceased, That then the Executors of such person shall Enter into Security as above, Immediately upon proving the said Will or Testa* ment, Which if Refused to be Given, the said Manumission to be void and of none effect. AND WHEREAS the aforesaid Clause in the said Act is found by Expérience to be very Inconvénient, pré- judiciai, and in a manner, a prohibition to Liberty, and will very much Discourage and Dishearten such Negroe, Indian or Malatto Slaves from serveing their Masters or Mistresses truely and faith- fully, as they ought to doe. ffor Remidying whereof, And for the better Explaining of the said Clause in the said Act, Be it Enacted by his Excellency the Governour, Council and General Assembly of this Colony, And by the Authority of the same, That if any such Master or Mistress Manumitting and setting at Liberty any Negro, Indian or Malatto Slave, or any other sufficient person for and on the behalf of such Negroe, Indian or Mulatto Slave, shall and do Enter into such Security, as aforesaid, at the General Sessions of the Peace, for the City and County where such Negroe, Indian or Malatto Slave shall live or résidé, To keepe and save such Negroe, Indian orLAWS OF THE COLONY OF NEW YORK. 923 Malatto Slave from becoming or being any Charge to the City, Town or place where he, she or they do live the said Negroe, Indian or Malatto Slave shall be ffree according to such Manumission of such Master or Mistress so Manumitting and setting at Liberty such Slave or Slaves; And if any such Negroe, Indian or Malatto Slave, since the making of the said recited Act, shall hâve been made ffree, or hereafter shall be made ffree by the Will or Testament of any per son Deceased That then if any Executor or Executors of any such person or persons Deceased, or on their Neglect or refusai any other suffi- cient person for and on the behalfe of such Negroe, Indian or Malatto Slave, shall and do Enter into such security, as aforesaid, at the Gen- eral Sessions of the Peace for the City and County where such Negroe, Indian or Malatto Slave, shall live or résidé, To keep and save such Negroe, Indian or Malatto Slave from becoming or being any Charge to the City, Town or Place where he, she or they do live, the said Negroe, Indian or Malatto Slave shall be ffree, according to the true Intent and meaning of the Will or Testament, of any person or persons Deceased, The said before recited Act of Assembly, or any Law, Usage or Custome to ye Contrary in any wise Notwithstanding. [CHAPTER 342.] [Chapter 342, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 239.] An Act for Paying Johannes Jansen David Provoost and Leonard Lewis, Esqrs The Arrears Due to Them for their services In The Generall Assembly as Représentatives for the City and County of New York. [Passed, November 2, 1717.] WHEREAS Johannes Jansen David Provoost and Leonard Lewis Esqr’s hâve served Severall Years as Représentatives for The City and County of New York in Generall Assembly for Which they Received No sattisfaction Be it therefore Enacted by his Excellencv the Govemour Councill and General Assembly and By the Authoritv of the same that the Mayor Recorder Aldermen and Commonaltv of the Said City and County are here By Required and Directed on or before the first Day of December One thousand Seaven hundred and Eighteene to Meet at the City hall of The Said City and there order A Raising on the Inhabitants Residents and Sojourners of and In the Said City the sum of Six shillings Currant Money p Diem for Every Day it Shall Appear By Certificate Signed By the Speaker of the924 LAWS OF THE COLONY OF NEW YORK. general Assembly for the Time Being or Signed B y the Clarke of the General assembly By Order of the saine for paying and sattisfying the Said Johannes Jansen David Provoost & Leonard Lewis Esqr’s: for their Said Services, and that Pursuant To the Order of the Mayor Recorder Aldermen and Commonalty to Be Made as AforeSaid For the Time Being a Warrant or Warrants Shall Be Issued to the assessors and Collectors of Each Respec- tive Ward Within the Said City and County Requiring Them to Make Such assessment and Collection and Pay the same to the Treasurer of the Said City For the Time Being at Such Conven- ient Time as Shall Be Agreed on by the Said Mayor Recorder and Commonalty So that the Said Snm. of Six Shillings, p Diem aforéSaid Shall by the Treasurer of. the Said City for the Time Being Be paid to the Said Johannes Jansen David Provoost and Leonard Lewis Esgrs or Order for their Services aforéSaid on or Before the first Day of October Which TVill Be In the Year of Our Lord One Thousand Seven hundred and Nineteene and Be it Further Enacted By the Authority aforéSaid That If Any Person or Persons Shall Neglect or Refuse to pay Any Sum or Sums of Money Which he She or they are Assessed By Vertue of this Act that it Shall and May Be Lawfull for the Collector or Col- lectors thereof to Levy the Same by Distress and Sale of his her or their goods With Reasonable Charges for Distraining Restoring the Owner thereof the Overplus if Any Be. and Be it further Enacted By the Authority aforéSaid that if the Mayor Record’r Aldermen and Commonalty of the said City and County or Any of the assessors or Collectors afore Said Who are here By Required Impowered and Authorised To Take Effectuall Care that this Act Be Duly Executed According to the True Intent and Meaning there of and In Case Any of Them shall Deny Refuse Neglectt or Delay To Perforai and Exécuté ail or Any of the Powers Dutys & Authoritys In this Act Required to Be Done and Performed And shall There of Be Lawfully Con- victed In Any Court of Record Within this Collony he or they So Denying Refusing or Delaying to perforine the Dutys afore Said Shall Be Lyable to and Incur ail the Pains Penalties and Forfeitures Mentioned and Expressed in An Act of general assem- bly of this Colony Entituled an Act for Levving four thousand Pounds Made In the Eighth Year of her Late Majestys Reign as fully to ail Intents Constructions and purposes as if the same had Been here Inserted Expressed and Mentioned a,t Large Any Thing here in Contained to The Contrary Not With standing.LAWS OF THE COLONY OF NEW YORK. 925 [CHAPTER 343.] [Chapter 343, of Livingston & Smitli and Van Schaack, where thè title only is printed. Title only is printed in Bradford, 1732 ed., p. 173. Printed in full in Baskett, p. 234. Bevived by chapter 475.] An Act for Regulating the Ferry between the City of New-York and the Island Nassau. [Passed, November 2, 1717.] WHEREAS there is A Ferry Established between the City of New-York and the Island Nassau, belonging to the City and Cor- poration Aforesaid, and A Catalogue of Rates and Prices has been formerly Regulated by the Magistrales of the said City, wherein some few particulars are but Expressed, and the liâtes for Carrying ail Other Goods and Oommodities whatsoever over the said Ferry, Entirely left to the Ferryman, for the time being, to demand and take proportionably for Transporting the saine, Pursuant to the said Régulation. BUT WHEREAS the said Catalogue is uncertain, and by Process of time become Déficient as Circumstances often do Offer, Whereby the Ferry-man makes himself sole Judge to Exact Extravagant Prices and Rates for Transporting ail such Merchandize, Goods and Things as are not Regulated and Specified in the Catalogue aforesaid, to the great 1 Abuse and wrong of his Majesties Good subjects, BE IT THEREFORE ENACTED by the Governour, Council and General Assembly, and it is hereby Enacted by the Authority of the same, That from and after the Publication of this Act, no Other Rates and Prices shall be Imposed, Denianded and taken for Transporting Men, Women Children, Horses, Cattle and ail manner of Goods, Wares, Merchandize, and Other Commodities whatsoever, by the ferrv-man, for the time being, than here- after are Specified and Regulated, that is to Say, For Transporting of Every Person from the City of New-York to the Island Nassau, or from the Island Nassau to the City of New-York, Eleaven Graines and One Quarter of a Grain weight of Plate; if after Sun-set, double that Rate, unless A Neglect or refusai in the ferry-man to Transport Passengers over Sooner. For Every Horse or Beast, Sixtv Grain Weight of Plate, for Every Calf alive, Two and Twenty Graines and an halfe weight of Plate for Every Hog alive Two and Twrenty Graines and an halfe weight of Plate926 LAWS OF THE COLONY OF NEW YORK. for Every Sheep or Lamb; ffifteene Graine weight of Plate for Every Barrell of Rum, Sugar, Molasses or Other fui Barrell fforty ffive Graine weight of Plate. for Every Dead Hog; ffifteene Graine weight of Plate for Every Dead Sheep, Lamb or Calf, Ten Graine weight of Plate for Every Barrel of Beer or Cyder, fforty ffive Graine weight of Plate for Every Empty Barrel; ffifteene Graine weight of Plate for Every Empty Pipe or Hogshead, Sixty Graine weight of Plate for Every Beast Hide ffifteene Graine weight of Plate for Every Calf or Sheep Skin ffive Graine weight of Plate for Every Pail of Butter, Seaven Graine and an halfe weight of Plate For Every Firkin or Tub of Butter, Ten Graine weight of Plate For Every Bushel of Sait, ffive Graine weight of Plate For Every Bushel of Corn, Two Graine and an halfe weight of Plate for Every pipe of Wine, Two Hundred & Seaventy Graine Weight of Plate for Every Hogshead of Molasses, Two hundred & Seaventy Graine weight of Plate for Every hogshead of Rum, Two hundred & Seaventy Graine weight of Plate for Every Hogshead of Tobacco, Two hundred & Seaventy Graine Weight of Plate for Every Inch board, ffive Graine Weight of Plate for Every board of one Inch and half Seaven Graine and an halfe weight of Plate for Every Waggon Three hundred Graine weight of Plate for Every pair of cart Wheels, Ninety Graine weight of Plate for Every Cupboard or Press for Cloths One hundred & Eighty Graine weight of Plate for Every Empty Trunk or Chest, fforty ffive Graine weight of Plate for Every half Barrell of Flower, ffifteene Graine weight of Plate for Every Barrell of Bread, Thirty Graine weight of Plate for Every bag of Bread, Seaven Graine and an halfe weight of Plate for Every Gammon of Bacon Two Graine and an halfe weight of Plate for Every hundred of Eggs, four Eggs, and so in proportion for A’ Greater or lesser NumberLAWS OF THE COLONY OF NEW YORK. 927 for Every drest Deer Skin, Seaven Graine and an halfe weigkt of Plate for Every Turkey or Goose Two Graine and an halfe weight of Plate for Every three fowls ffive Graine weight of Plate, for Every hundred wTeight of Iron or Steel fforty ffive Graine weight of Platej for Every, hundred weight of Shott, Thirty Graine weight of Plate for Every hundred weight of Gun-powder Sixty Graine weight of Plate» for Every Scyth or Sith ffive Graine weight of Plate for Every firkin of Soap, Ten Graine weight of Plate for Every Cheese, Two Graine and an halfe weight of Plate for Every Corn fann Twenty two Graine and an halfe weight of Plate for Every hundred of Shingles, Thirty Graine weight of Plate for Every Cedar Boit, ffive Graine weight of Plate for Every bag of Cotton Seaven Graine and an halfe weight of Plate for Every Baie of Cotton or Hops, Ninety Graine w^eight of Plate for Every Coach Three hundred & Sixty Graine Weight of Plate for Every Chaise One hundred & Eighty Graine weight of Plate for Every Single Sleigh, Ninety Graine wreight of Plate for Every double SleighJ One hundred and Twenty Graine weight of Plate for Every piece of Ozenbrigs, Eleaven Graine and a Quarter Weight of Plate and so in proportion for Other pièces of Linnen and Wollen Cloath Ail which severall Sûmes of money abovesaid are to be paid in Silver Plate of Mexico or Civill, or in Bills of Crédit of this Colony, or in any other Silver money Equivolent in vallue to them. AND BE IT FURTHE'R ENACTED by the Authority aforesaid, That ail Other Merchandize, Goods, Commodities and Things what soever, not Specified in this Act, Shall pay for the fermage or Trans- portation thereof from New York to Nassau Island, or from Nassau Island to New York, in proportion to the Rates above Specified, for A greater or lesser weight or quantity, and not Otherwise. And in Case any Person or Persons whatsoever shall hereafter refuse to pay the Rates and Prices of Fermage before Mentioned, to the Ferry-man, for the time being, Pursuant to the Régulation made in this Act, he, she or they so refusing shall forfeit and pay tribble the Rate to which he, she or they were liable, together with the Charges of Recovering the same, upon the Oath of one Crédible Wittness before any of his928 LAWS OF THE COLONY OF NEW YORK. Majesties Justices of the Peace, who are kereby Autkorized and Required to Administer the said Oath, and to give Judgment and Award Execution Accordingly. And if any Dispute skall kappen to Arise kereafter Concerning the Rates and Assizes of any Goods or Commodities not Expressed in tkis Act, and be brougkt before some one of kis Majesties Justices of the Peace by the Contending Parties, the said Justice of the Peace is kereby Autkorized and Required to kear and Détermine the same, so as to kim skall Appear to be Con- formable to the true Intent and Meaning of tkis Act. AND BE IT FURTHEiR ENACTED by the same Autkority, Tkat the Ferry-man, for the time being, skall be Obliged to Corne and go witk tke Ferry-Boats, to and from suck places in tke City of New York, between tke Great Dock and Beeckman’s Slaughter-kouse, and by suck Turns as are Appointed and prescribed kim in the former Régulations, for Encouraging tke Marketts of tke said City (Wind and weatker permitting) And in case ke skall Neglect or Refuse tke same, ke skall forfeit tke sum of Twenty shillings for Every suck Offence, to be recovered in Manner as aforesaid, and paid to tke Treasurer of tke said City for the time being, to be Applyed towards tke Defraying tke publick Charges of tke same. And if from and after tke Publication of tkis Act, tke Ferry-man, for tke time being, do Impose Exact and Take any Rates for Transporting of Persons, Goods, Wares, Merckândize, or Other tkings Wkatsoever, Contrary to tke Régulation and Rates Establisked in and by tkis Act, he skall forfeit tke sum of Twenty shillings for every such Offence, to be Recovered, paid and Applyed as Aforesaid. AND BE IT FURTHER ENACTED by the Autkority Aforesaid, Tkat it skall and may be lawful for tke Mayor, Aldermen and Corn- monality of tke City of New York for the time being, tkeir successors and Assigns, to demand, Receive and take tke Rates and Prices above in tkis Act Mentioned, for Transporting of persons, Goods, Wares, Merchandizes, and Other tkings from the City of New York to tke Island of Nassau, and from tke Island Nassau to the City of New York, O ver tke ferry in tke ferry-boats ; and skall and may Establisk and keep one or more ferrys between New York and the Island Nassau, for the better and more Easy Transportation of Goods and Passengers over the said Ferry; and tkat tke ferry-man or ferry-men Established in the City of New York skall be Obliged to Receive into his or their ferry-boats on Nassau Island (when there) ail sorts of Goods and Passengers (horses and Cattle only Excepted) and to Transport them to the City of New York at the Rates and Prices before Mentioned in this Act, Any tking to the Contrary hereof in any wise Notwithstanding.LAWS OF THE COLONY OF NEW YORK. 929 AND be it also Enacted by the said Authority, That the Ferry- man for the time being, shall not Impose and Exact any Rates for any Goods or things Whatsoever, Transported by any of the Inhabi- tants at and near the ferry on Nassau Island, in their own Boats or Canoës, that is to Say, Inhabiting between Kyckuyt and Red-hook, provided the said Goods and Commodities be properly their own, and not belonging to any Other Person or Persons whatsoever, any thing in this Act before Mentioned to the Contrary hereof in any wise Notwithstanding. Provided always, That a Sucking Child shall be Exempted from paying Ferriage, And the said Ferry-man Shall be Obliged to set up at the most publick place at the Ferry, the price to be paid for Ferri- age, in Order People may be acquainted therewith. This Act to Continue Seven Years from the Twenty fifth Day of March next, & no Longer. '[CHAPTER 344.] [Chapter 344, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not printed in Bradford, 1732 ed. Title only is printed in Baskett, p. 238.] An Act for paying the Executors of Thomas Codrington Esqr the Arrears due for his Ser- vice in General Assembly from the fourteenth of June Seventeen hundred & five, till the Twenty Seventh day of September Seventeen hundred & Eight. [Passed, November 2, 1717.] WHEREAS Margaret Codrington the widd.’ & Executrix of Thomas Codrington Esqr Dec’ed, hath in her Petic’on set f orth, That her husband, in his life time, Served Several Years a Représentative for the City & County of New York, for which he rece’d no Satis- faction BE it therefore Enacted by the Governour Council & General Assembly and by the Authority of the same, That the Mayor Alder- men & Commonalty of the said City are hereby required and Directed, on or before the first Day of December One thousand Seaven hun- dred and Eighteene, to meet at the City Hall of the said City, & there order the raising on the Inhabitants residents & Sojourners of & in the Said City and County the Sum of Six shillings p diem, for every Day it shall appeare by Certificate of Certificates, Sign’d by the Speaker of the General Assembly for the time being, that the said Thomas Codrington served in S?:d General Assembly, betwixt 117930 LAWS OF THE COLONY OF NEW YORK. the fourteenth day of June Seventeen hundred & five, & the Twenty Seventh day of September, Seventeen hundred and Eight Inclusive, for paying and Sattisfying the Executors of the said Thomas Cod- rington for his Said Services, pursuant to the Order of the Mayor Aldermen & Comonalty to be made as aforesaid, the Mayor of the said City for the time being, shall Issue his Warrants to the Asses- sors & Collectors of each Respective Ward within the said City & County, requiring them to make such Assessment & Collection and pay the same to the Treasurer of the said City for the time being, at such Convenient time as shall be agreed on by the said Mayor Alder- men & Comonalty, or any Nine of them, so that the said Sum of Six shillings p Diem aforesaid, shall by the Treasurer of the said City for the time being, be paid to the Executors of the said Thomas Coddrington, for his service aforesaid, on or before the first day of October which shall be in the Year of our Lord Seventeen hundred & Nineteene. And be it further Enacted by the Authority aforesaid, That if any person or persons Shall neglect or refuse to pay any Sum o? Sums of money which he or they are Assess’d by Virtue of this A et, That it shall & may be Lawfull for the Collector or Collectors thereof, to Levy the Same, by Distress and sale of his her or their goods & Chattles with reasonable Charges for Distraining, restoring the Owner thereof the Overplus if any be. And be it further Enacted by the Authority aforesaid, That if the Mayor Aldermen & Comonalty of the said City or any of the Assessors or Collectors aforesaid who are hereby required Impowered & Authoriz’d to take Effectuai care that this Act be dulv executed according to the true Intent & meaning thereof, shall Den;y refuse neglect or Delay to perform & Exécuté ail or any of the powers, Dutys & Authoritys in this Act required to be done & performed & Shall thereof be Lawfullv Convicted in any Court of Record within this Colony he or they So Denying Refuseing or Delaying to perform the Dutys aforesaid shall be lyable too & Incur ail the Paines, penalties & Forfeitures menc’oned & Express’d in an Act of General Assembly of this Colony, Entituled an Act for Levying four Thou- sand pounds, made in the Eighth Year of her late Ma’tys Reign, as fully to ail Intents & purposes as if the same had been herein Express’d and menc’oned at large, any thing herein Contain’d to the Contrary notwithstanding.LAWS OF THE COLONY OF NEW YORK. 931 [CHAPTER 345.] [Chapter 345, of Livingston & Smith and Yan Schaack, where the act is printed in full. Printed in full in Bradford, 1732 ed., p. 136; Baskett, p. 238. See chapter 690.] An Act to Encourage the Destroying Foxes & Wrild Oats in Kings County, Queens County & County of Suffolk. [Passed, November 2, 1717.] Be it Enacted by the Governour, Council & General Assembly, & by the Authority of the Same, That from & after the Publication hereof, any Person or Persons whatsoever who shall Destroy any Wild Cat or Wild Cats, their Catling or Catlings, any Fox or Foxes, their Puppy or Puppyes in the County of Suffolk, Queens County & Kings County, shall Receive as a Reward for each Wild Cat, Nine Shillings, & for each of their Catlings four Shillings; for every Fox five Shillings & Six pence, & for each of their Puppies two Shillings & three pence. And for the Effectuai paying of the Said Rewards, be it Enacted by the Authority aforesaid, that the Same Methods & Rules, Penalties & Forfeitures Shall be Used in ail respects as are Expressed & Contained in one Act of General Assembly made in the first Year of the Reign of our Late Soveraign Queen Anne, of Glorious Memory, Entituled, an Act for Destroying of Wolves in this Colony. [CHAPTER 346.] [Chapter 346, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 173. Printed in full in Baskett, p. 239. Expired, November 9, 1722.] An Act for Letting to ffarm the Excise of this Colony for the Term of five Years, And to Enable the ffarmers thereof Effectually to Col- lect the Same. [Passed, November 9,1717.] WHEREAS by one Act of General Assembly of this province, made in the twelfth Year of the Reign of her late Majesty, ANNE, of Immortal Memory, Intituled, an Act for Laying an Excise on ail Strong Liquors Retailed in this Colony, there was Given and Granted unto her said Majesty, her heirs and Successors, an Excise on ail Strong Liquors for the Uses in the said Act mentioned. AND WHEREAS proposais hâve been made to the General Assembly of this province by ffrancis Harrisôn and Gilbert Living- ston, Esqrs. that on the Considération of their Receiving the Duty of Excise aforesaid, That they will pay unto the Treasurer of thia932 LAWS OF THE COLONY OF NEW YORK. Colony the Sum of Three Thousand Seven hundred and ffifty Ounces of plate, yearly & every year, during ye s’d terni of five Years, by Even and equal half Yearly payments; And hâve proposed Ten persons of undoubted Crédit and Abilities to become Securities for their due performance of the Same, And hâve proposed to Renew the said Securities Yearly and every Year; which proposais hâve been approved of and accepted by the said General Assembly; And in Order that the said Duty of Excise may be managed to the best Advantage, And effectually Answer the Ends and purposes in and by the said Act mentioned and intended, BE IT ENAOTED by tbe Governour, Council and General Assem- bly, And it is hereby Enacted by the Authority of the Same, That the said Duty of Excise by the Act aforesaid, Given and Granted unto lier Late Majestv, her heirs & Successors, shall be and is hereby hired and Let to ffarm unto the said ffrancis Harrison and Gilbert Livingston, their Executors, Administrators and Assigns, from the first day of November in this présent Year of our Lord Christ One thousand Seven hundred and Seventeen, And until the Terni of five Years be fully Compleated and Ended; And the said ffrancis Harri- son and Gilbert Livingston, their Executors, Administrators or assigns are herein and hereby Authorized and Impower'd, by them- selves, their Agents, Deputies or Assigns, to Collect and Receive the said Duty of Excise, Given and Granted by the Act before men- tioned, And ail the fines, penalties & forfeitures that Shall arise or become Due by Yirtue of the said Act, or by Virtue of this, or any other act made, Appointing & Direcjting the Gathering, Collecting or receiving the said Duty of Excise, or any part thereof, During the term of five Years aforesaid, And Shall Retain, keep and appropriate the said Duty of Excise, and fines and forfeitures afore- said, Arising within the said five years, to their own proper benefit, use and behoof, as their own proper Goods and EState, Any thing in this Act, or in any other Act to the Contrary hereof in any wise notwithstanding. AND it is also further Enacted by the authority aforesaid, That the said ffrancis Harrison and Gilbert Livingston, their Executors or Administrators may and are hereby Impowered (if they so think fit) to Lett, Sell or Dispose of the said Duty of Excise to any person or persons, either in whole or in part, in any City, Town or County within this province, During the said Term of five Years, for the said term of five years, or for any part thereof, fully and Abso- lutely, or in Such manner, and upon such Conditions, and under Such Restrictions and Limitations, as by the said ffrancis Harrison and Gilbert Livingston, their Executors or Administrators shall beLAWS OF THE COLONY OF NEW YORK. 933 thought most fit & Convenient; And the said purchasor or pur- chasors, fariner or farmers of the whole, or any part of the said Duty of Excise, their Executors or assigns, shall be Intituled to receive and appropriate to their own proper use and Advantage the said Duty of Excise, or Such part thereof, as aforesaid, as they shall so purchase or hire, with the Emoluments, profits and Advantages thereto belonging, or thereby Arising, as fully and Amply to ail intents, Constructions and purposes whatsoever (Excepting the Con- ditions, Restrictions and Limitations aforesaid, if any such there be) As the said iïrancis Harrison and Gilbert Livingston might, Could or ought to hâve done, or are Intituled to by this act, or may be Intitled to by any other Act of the General Assembly of this pro- vince for that purpose. AND be it further Enacted by the Authority aforesaid, That they the said ffrancis Harrison and Gilbert Livingston, or either of them, their or either of their Exec’r or Administrators shall pay Yearly and every Year, During the five Years aforesaid, unto the Treasurer of this Colony the Sum of Three Thousand Seven hundred and ffifty Ounces of Civil, pillar, or Mexico plate, Lyon Dollars or Bills of Crédit made Current in this Colony, to the Value thereof, at two Equal half Yearly payments, that is to say, One Thousand Eight hundred and Seventy ffive Ounces of Such plate, Lyon Dollars or Bills of Crédit, aforesaid, on the first day of May, Yearly and every Year, and One Thousand Eight hundred and Seventy ffive Ounce of the like plate, Lyon Dollars or bills of Crédit, aforesaid, on the first day of November, Yearly and every year. And the said Ten persons proposed by the said ffrancis Harrison and Gilbert Living- ston, as Sureties, and who hâve promis’d to become such, shall on or before the Fifteenth Day of this présent month of November, Enter into Bond to his Majesty, his heirs and Successors, Jointly and Sev- erally, in the penal Sum of Seven thousand ffive hundred Ounces of plate, aforesaid, on Condition, That the said Iïrancis Harrison & Gilbert Livingston, their, or either of their Executors or Adminis- trators, Shall well & truly pay the said Yearly Sum of Three Thou- sand Seven hundred and fifty ounces of plate, aforesaid, unto the Treasurer of this Colony, as in this Act is directed & appointed, for and during the Space of one year next ensuing, Commencing the first day of November aforesaid. And the Said ffrancis Harrison and Gilbert Livingston, their Exec’rs or Adm’rs Shall yearly & every year, after the year now next ensuing, as aforesaid, Shall Expire, or at or before the End and Expiration of the said year, and at and before the end and Expiration of every year thereafter, During ye five years aforesaid, if the General Assembly of this Colony be then Sit-934 LAWS OF THE COLONY OF NEW YORK. ting, Renew their Securities either by the ten persons aforesaid, who Shall Yearly enter into Bonds, on the Conditions af oresaid, or if ail the Ten persons aforesaid, or any of them, Should Dye, become unwilling to be Security any Longer, or be Disapproved of by the General Assembly of tins Colony, That then and in such Case the Said ffraneis Harrison & Gilbert Livingston, their Executors or Assigns Shall, at or before the end of every Year aforesaid, procure other Good and Sufficient persons, to be Approved of by the General Assembly, if ye General Assembly be then Sitting, And if ye general Assembly be not then Sitting, Then to be approved of by the Gover- nour and Council of this province, for ye time being (or in the absence of ye Governor ; to be approved of by ye Major part of ye gentlemen of ye Council, for ye time being who Shall then be in the City of New York) in Lieu and Stead of Such & so many of ye s’d persons as Shall Dye, refuse or be disapproved by ye General Assembly, or Governor & Council, as afores’d; Which said persons shall enter into Bond, in manner and form afores’d. And if it Shall happen that at ye End of every Year afores’d, the said ffraneis Harrison & Gilbert ■Livingston, their Exec’ors or assigns Shall not procure the ten per- sons aforesaid, or such other Good & Sufficient persons, to be approved of as, aforesaid, Ani the General Assembly Shall not then be Sitting, That then the Governor & Council of this province, for ye time being, or in yc absence of ye s’d Governor, the Major part of ye Gentlemen of ye Council, for ye time being, who Shall then be in the City of New York, Shall and are hereby Impowered and Directed to Let to ffarm ye Excise aforesaid to Such other person or persons as they Shall think fit, for the Remainder of ye Term of five years afore- s’d; for not less than the Sum of Three Thousand Seven hundred & fifty ounces of plate, yearlv and every year, as aforesaid, at and linder Such Réservations, Conditions, restrictions and Limitations, as by this Act is Directed, Limitted, and Appointed. AND be it further Enacted by the Authority aforesaid, That in Case the Said ffraneis Harrison and Gilbert Livingston, their Execu- tors or Administrators Shall neglect to Give in Security as afore- said, they shall not be entituled to the Duty of Excise hired unto them by this Act, But Shall after the Neglecting to give Security, as before directed, be fully And absolutelv Debarred from Receiving any benefit by this Act, Any thing in this Act to the Contrary N otwithstanding.. AND be it further Enacted by the Authority aforesaid, That the Sa.id ffraneis Harrison and Gilbert Livingston, their Executors, Administrators or Assigns are hereby required, obliged and Com-LAWS OF THE COLON Y OF NEW YORK. 935 manded One Montli before the Expiration of ye Said Term of five Years, or other Sooner Détermination, to give thé Governour, Coun- eil or General Assembly for the time being, A Just and true Account, upon Oath, of ail Such Sums of money a.s they, or any of them bave Annually Received for the said Excise, and from whom they hâve Received the Same in each and every City and County within this province. AND be it further Enacted by the authority aforesaid, That for the more effectuai Enabling the ffarmers of the Duty of Excise, aforesaid, to Collect and Gather the said Excise, Ail Retailers of Strong Liquors within this Colony Shall upon ail or any their Receipts of ail or any the Strong Liquors made Lyable TO pay the Duty of Excise by the Act aforesaid, made in the twelfth year of the Reign of her La te Majesty, corne to the ffarmers of the Excise aforesaid, or either of them, their Executors, Administrators, or Assigns, And give A true and just Account of ail the said Liquors Received by them, And pay Immediately, or Secure to be paid within three Months to the ffarmers said excise, their Executors Administrâtes or assigns the Duty Excise, for the said Liquors, appointed by the Act aforesaid; And Ail Such Liquors as Shall be found, belonging to any Retailer or Retailers, wThether it Shall be found in the house, Out-house, Cellar, or Close of the said Retailer or Retailers, or in the house, Out-house, Cellar or Close of any other person, And put there by the said Retailer or Retail- ers, or by their or any of their Direction and appointment, and hâve not been duly Reported, According to the true intent and meaning of this Act, And paid the Duties of Excise, or Secured the Same to be paid as aforesaid, That then and in such case, upon Conviction by Oath of one or more Crédible Witnesses, before any Justice of the Peace within this Colony, The said Retailer or Retailers So offending, shall forfeit ail such Liquors, and three times the Value thereof, to the Said ffrancis Harrison and Gilbert Livingston, their Executors, Administrators or Assigns, to be Recovered before any Three Justices of the Peace of this Colony, whereof One to be of the Quorum, who are hereby, as occasion Shall require, Impowered, Directed and Commanded to hear, trv and Détermine the Same, as ye matter Shall appear To them to whom Complaint is made, and Award Execution According- ingly, by Issuing their Warrant for the seizing of ail Such Liquors as shall be so forfeited, as aforesaid, And Shall order the Same to be Delivered to the Said ffrancis Harrison and Gilbert Livingston, or either of them, their or either of their Executors,936 LAWS OF THE COLONY OF NEW YORK. Administrators or assigns, and Shall also Issue their Warrant for the apprehendingand Committing to the Common Goal every Such Retailer or Retailers offending, as aforesaid, Contrary to the true intent and meaning of tkis Act, And Convicted thereof, as aforesaid, there to Remain without Bail or Mainprize until he, she or they Shall make payment unto ye s’d ffrancis Harrison & Gilbert Livingston, their Exec’ors, Adrn’rs or Assigns of three times ye Value of such Liquors so Seized and forfeited, as afores’d. And the Sheriff of each County in this Colony, where Such offence happens to be Committed, is hereby Direeted & Commanded to receive ye Bodies of any Such ofïender or offenders, And him, her or them to keep in ye Common Goal of the County of w’ch he is Sheriff, According to ye tenour of ye Afores’d Warant; And if the said Sheriff Shall Suffer the said person or persons So Committed to him, to Escape out of the said Goal, he Shall be liable to An Action in the Same manner as if the said person or persons had been Committed to him in Execu- tion, by process out of any Court of Record Within this Colony. PROVIDED always, and it is hereby further Enacted, That Neither this Act, nor any thing herein Contain’d, nor any thing Contain’d in the Act of the twelfth of Queen Anne, afore- said, nor any thing Contained in any other Act now in force, Relating to the Excise, shall be Oonstrued to hinder or Debar the said ffrancis Harrison and Gilbert Livingston, their Executors, Administrators or assigns from Compounding with any the per- sons offending, or from Remitting ail or any part of any the pen- alties and forfeitures Contained in this or any the said Acts, or from Contracting or agreeing with ail or any the said Retailers for any Sum of Money, or other Considération, in Lieu and Stead of the said Duty of Excise to be paid by them, or any of them, But that it Shall and may be Lawful for the said ffrancis Harrison and Gilbert Livingston, their Executors, Administrators or Assigns to Compound, Compromise and Agréé with any the persons offend- ing, Contrary to the Meaning of this Act, And to Remit ail or any part of the penalties & Forfeitures, as they Shall think fit, and to agréé with ail or any the Retailers of Liquors for any Sums of Money, or other Considération, to be paid by them or any of them the said Retailers, in Lieu and Stead of the Duty of Excise afore- said, Any thing in this Act, or any other Act to the Contrary in any wise notwithstanding. AND be it Enacted by the Âuthority aforesaid, That it Shall be Lawful for the said ffrancis Harrison or Gilbert Livingston, theirLAWS OF THE COLONY OF NEW YORK. 937 or either of their Exeeutors, Administrators, Deputies, Agents or assigns, or the Deputies, Agents or Assigns of their or either of their Exeeutors or Administrators to Enter into the houses,'Out- houses, Ware-houses, Cellars or Closes of any the s’d Retailers of Strong Liquors At any time, and so often as they Shall think fit, During the said five Years, to Guage and take an Account of ail such Strong Liquors, Exciseable as aforesaid; And when Such Account of the Quantity of Strong Liquors, Exciseable as afore- said, by the persons aforesaid, or any of them, is taken, the said Retailer or Retailers of Strong Liquors are hereby Required to pay the Excise Due for the Same, or enter into Bond with Such Sufficient Securities as the said ffrancis Harrison and Gilbert Livingston, their Exeeutors or Administrators Shall approve of, to pay to ye said ffrancis Harrison and Gilbert Livingston their Exeeutors, Administrators or Assigns the said Duty of Excise, Given and Granted by the said A et of General Assembly made in the twelfth Year of her late Majesty, Queen ANNE, aforesaid, within the Term of three months from the Day of the Date of Such Bond; And if Such Retailer or Retailers Shall Delay or refuse to pay the said Duty, or Delay or refuse to give such Bond, it Shall and may be Lawful for the said ffrancis Harrison or Gilbert Livingston, their or either of their Exeeutors, Administrators or assigns to Seize ail Such Liquors, And upon proof made by the Oath of one or more Crédible Witnesses, before any one of his Majesties Justices of the peace of this Colonv, that Such Ljquors were Guaged, and pay ment Demanded for them, or Bond Demanded to be given, According to the Tenour of this Act, if Such Retailer or Retailers cannot, when before such Justice of the peace, make proof by the Oath of two Crédible Witnesses of the payment of Such Money, or Giving of Such Bond as aforesaid, The said Justice of the peace Shall adjudge Such Liquors so Guaged, as aforesaid, to be forfeited to the said ffrancis Harrison and Gilbert Livingston, their Exeeutors or Administrators, And Award the Delivery of them Accordingly. AND be it further Enacted by the Authoritv aforesaid, That if any such Retailer or Retailers of any the Strong Liquors Excise- able by the Act of the twelfth of Queen ANNE, aforesaid, Shall Deny, refuse or hinder the said ffrancis Harrison and Gilbert Livingston, or either of them, their or either of their Exeeutors, Administrators or assigns, Deputies or Agents, to hâve free 118938 LAWS OF THE COLONY OF NEW YORK. Recourse into his her or their house, Ware-house, Out-house, Cellar, Close, or otlier place, to Guage and take an Account of ail Liquors Exciseable 'by the Act aforesaid, That are in their said Houses, Out-houses, Ware-houses, Cellars, Closes, or other places, and thereof be Convicted, he, She or they so offending Shall for- feit the Sum of Ten pounds for each & every such Olîence, to be Recovered by Action of Debt in any Court of Record witliin this Colony, where tliere Shall be no Essoin, protection or Wager of Law, or any more than one Imparliance. any person or persons within this Colony Shall présumé to Dis* AND he it further Enacted by the Authority aforesaid, That if pose of any Strong Liquors made Exciseable by the Act aforesaid, under the feigned j^retence of being paid for Oats, Cakes, pipes, Tobacco, or any other thing whatsoever, and not for the Excise- able Liquors So Disposed of, In order to Defeat, Elude or Evade the end and Intentions of this présent Act, or a,ny Act now in force relating to the Excise aforesaid, every person or persons So offending shall for every Such offence forfeit the Sum of five pounds to be Recovered by action of Debt in any Court of Record within this Colony. [CHAPTER 347.] [Chapter 347, of Livingston & Smitli, where the entire act, with the exception of the several payments made in the bill, is printed. Chapter 347, of Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 137; Baskett, p. 244. Livingston & Smith and Van Schaack State that the act was confirmed May 19, 1720 For order in Council confirming this act, see Doc. Rel. to Col. His., Y., p. 538. Provision made for the torn bills by chapter 450.] An Act for Paying and Discharging Sev- eral Debts due from this Colony to the Persons therein narned and for Raising and Putting into the hands of the Treasurer of this Collony SeveraH quantities of Plate to be apply’d to the Publick and necessary uses of this Colony and to make Bills of Creditt to the value of fforty One Thousand ffive hundred and Seaventeene Ounces and an half of Plate for that purpose. [Passed, December 23, 1717.] WHEREAS by one Act of the Gen’ll. Assemblv of this Province, made in the thirteenth Year of the Reign of her late’ Majesty Queen Anne, of Immortall Memory, Entituled, an Act for the Paying and discharging the Several Debts and Sums of moneyLAWS OF THE COLONY OF NEW YORK. 939 claimed as Debts of this Colony, to the several Persons therein named, and to make and Enforce the Currency of Bills of Crédit to the value of Twenty Seven thousand Six hundred and Eighty Pounds for that purpose; Also, to make void ail Claims and Demands made or pretended to be due from this Colony before the first day of June, one Thousand Seven hundred and fourteen, & It was amongst other things Enacted, That ail Persons, whatso- ever, Except Such as were appointed to be paid by that Act, should for ever be precluded and debarr’d from Pretending or making any Claim for the paym’t for any Service or Services, Goods, Wares, Merchandizes or Effects done advanc’d or Expended by them, or any of them, their or either of their Predecessors, Oon- stituents or Employers, or by any Person or Persons whatsoever, for the use of this Colony, at any time before the said first day of June, one thousand Seven hundred and fourteen AND WHEREAS it is manifest that Several Services hâve been done for the GovernmT of this Colony, and Several Goods, Wares and Mer- chandizes advanc’d for thé Publick and necessary uses of the same, for ail which, nevertheless, no Reward or Paym’t, was at that time claimed or demanded, which was occasioned either by the Remoteness of the Habitations of Several of the Claimants, who were dwelling and residing in the Neighbouring Colonies and Plantations, or by the*death of several Persons Entitled to make such demands, whose Widows or Children were not at that time able to make the Justice of their Claims appear, for want of certain Books and Youchers that hâve been Since discover’d, and which nevertheless were as justly due from this Colony as any of the Sums pay’d by Virtue of the Act before mentioned. AND Whereas several Companies of Soldiers were Imploy’d in the time of his late Majesty, our Glorious Deliverer, William the third, of Blessed Memory, by the then Governm-t of this Colony, for the necessary Service and Defence thereof, Some of the supe- riour Officers of which Companies hâve been paid by the Directions and Virtue of the Act aforesaid, but the Inferiour Officers and Private Continels, who being for the greater Part indigent Per- sons, many of them living remote, and the Sums due to them, being but small, could not leave the Attendance on the Provision for their ffamilies, to Sollicit the payment of their dues; and neither the Persons remaining alive, who hâve Serv’d in Such Com- panies, nor the Widows and Orphans of Such of them as were deceas’d being able, for want of the Books and Youchers afores’d,940 LAWS OF THE COLONY OF NEW YORK. Since discover’d, fully and clearly to make out the Equity of their daims were by the then General Assembly of this Colon}' not taken any notice of, because the said Assembly were not Informed of the Equal Reasonableness and Justice of their said Claims with others their Superiour Officers, who were directed to be paid by the afores’d Act. AND WHEREAS Several of the Persons Paid by the Directions of the Act afores’d, haye Claims for Services by them done, and Goods and Mercliandizes by them advanc’d for the Publick Ser- vice of this Colony, which Claims were Equally just with tliose for which they were paid, but could not at that time be made appear for want of the Books and Vouchers, Since Discover’d, as afores’d; the Paym’t. of ail which Claims has been recom- ended to the Représentatives of this Colony in Gen’ll Assembly conven’d, by his Excellency the Governour in his Speech to them of the fifth of June, one Thousand Seven hundred and Sixteen. AND WHEREAS Several Persons appointed to be paid Several sums of money by the Act of the thirteenth of Queen Anne afores’d, did not corne within the time limited by the s’d Act, for the receiving of the same, which was in part occasioned by the Remoteness of Some of the s’d Persons Habitations from the Treasury of this Colony, in part because Several of them having dyed Intestate, and no Persons taking out Letters of Administra- tion on their Goods and Chattles, the Sums they were to reçoive beîng not Sufficient to defray the Charges of such Administra- tion, in part from some defect in the appointing the payment of the said Sums So that the quantity of Seventeen hundred Ninety Seven Ounces Eight penney weight and Twenty Grains of Plate lias been therebv left in the hands of the Treasurer, wliereof Six- teen hundred Eighty flSve Ounces one penney weight and Six Grains is hereby apply’d to the Publique use of this Colony, in paying of the said Treasurer for his Care and pains in paying and Sinking the Bills of Crédit made currant by the Act afores'd, for the purposes therein mentioned, & in which no Provision was made for a Reward to be given the said Treasurer; And One hundred and twelve Ounces Seven penney weight and ffourteen Grains in paying Cornélius Post & Samuel Provoost by order of the General Assembly of this Province for publick Services; which Sums were nevertheless due to the said persons, And they are left remediless unless provided for by this Act AND WHEREAS the Partition Lines between this Colony andLAWS OF THE COLONY OF NEW YORK. 941 the Collony of Connetticutt, and between this Colony and the Colony of New-Jersey are necessary to be known and ascer- tain’d, in Order that snch of the Inhabitants of this Colony whose Estâtes or Habitations are adjacent to and border on the said Partition Lines, may peaceably and without molestation, Enjoy the fruits of their Industry, and that the Governm’t may not be defrauded of the Publick Taxes that may arise and become due from the s’d Inhabitants, by their Pretending that they do not dwell within this Colony. AND WHEREAS there is not at this time any money in the hands of the Treasurer of this Colony but what is appropriated to particular uses, and that it is requisite for the Service of this Colony that there be some Sum of money lodg’d in his hands, as well for the paym’t. of the Sallary of Ambrose Phillipse, Esqr Agent of this Colony, or the Agent of this Colony for the time being, as for the answering any Sudden Exigencv of this Colony, that may happen, And cannot So Soon otherwise be provided for by an Act of the General Assembly of this Province. IN order therefore to pay the Claims and Several Demande now made, & upon strict Search & Examination found to be Equally due with any others that hâve been paid by virtue of the afores’d. Act, and to make proper & Sufficient Provision for the purposes before mentioned, BE IT ENACTED by the Governour, Council and General Assembly, And it is hereby Enacted by the Authority of the same, That Bills of Crédit to the value of fforty One Thousand ffive hundred & Seventeen Ounces and an half of the Spanish Coynes of Sevil, Mexico or Pillar Plate be Forthwith Printed and Signed, to wit, One thousand Three hundred Ninety One of ten Ounces of Plate, aforesaid. one thousand of Seven ounces and ten pennyweight of Plate, afores’d, one thousand of five ounces of Plate, aforesaid. one thousand of Two ounces and ten pennywt: of Plate, aforesaid. One Thousand of two ounces of Plate, afores’d. One thousand of one ounce & ten pennywt : of Plate, afores’d. one thousand of one ounce & five pennywt: of Plate afores’d. Two thousand Two hundred of one ounce of Plate afores’d, Three Thousand of fifteen pennywt: of Plate, afores’d. four Thousand of ten pennyweight of Plate afores’d.942 LAWS OF THE COLONY OF NEW YORK. Fivè thousand Six hundred and Thirty of fiye pennywt: of Plate, afores’d. Which Bills shall be imprest in the middle with the Arms of the Citty of New York, and on the Top of each of them shall be printed the Quantity of Plate they shall go currant for, And shall be in the form following, viz. This Bill of ounces pennyweight of Plate, due from the Colony of New York to the Possessor thereof, shall be in value equal ta Sevil, Pillar or Mexico Plate, and shall be accepted accordingly by the Treasurer of this Colony, for the time being, for ail Publicque Payments, and for any ffond at any time in the Treasury. Dated in New York the 28th day of November: 1717-------By Order of the Governour, Councill and Generall Assembly., [which Bills shall be signed and numbered by Robt. Walters, Johannes Jansen, David Porvoost and John Cruger, Esqrs or any three of them; and in case of the Death of any the said persons, the said Bills shall be signed and numbered by the Major part of the Persons above mentioned then alive. AND be it Enacted by the Governour, Councill and Generall Assembly, And it is hereby Enacted by the Authority of the same, That the Bills of Crédit to be made and Issued by virtue of this Act, shall be and continue current for the Term and space of twenty two Years, that is to say, until the yeare of Our Lord Christ, one Thousand Seven hundred and Thirty Nine be ended, If the ffonds arising by this Act for the yearly sinking of part of the s’d Bills do not Sooner answer that End, And shall be rec’d and paid for so many ounces or pennyweights of Plate as the value of them is said to be, and be of Equal value to the same quantity of Sevil, Pillar or Mexico Plate, for Goods, or any other thing bought or Sold by ail Persons whatsoever residing in or passing through this Colony; and the tender of the said Bills for paym’t or dis- charging of any debt or debts, Bargain, Sale of Land or other things, Bonds, Mortguages, Specialties and Contracta whatsoever, shall be as Effectuai in the Law, to ail intents and purposes, as if the current silver Plate, or other Bills of Crédit of this Colony had been offered and tendered for the Discharge of the Same, or any part thereof. And any Person or Persons whatsoever refus* ing any the said Bills ôf Crédit, during the time they are by this Act appointed to be made current, Shall be Equally debarr’d and Subject to the Same Penalties and fforfeitures as if the said Per-LAWS OF THE COLONY OF NEW YORK. 943 son or Persons had refus’d any the Bills of Crédit made current b y the Act of the thirteenth of Queen ANNE, afores’d, Entitled, an Act for the Paying and discharging the severall Debts and Sums of money claimed as Debts of this Colony, &c. And the s’d Penalties And fforfeitures shall be recovered in the Same manner, and apply’d to the same uses as is directed in and by the said Act of the thirteenth of Queen ANNE, afores’d. And be it Enacted by the Authority afores’d, That the Persons appointed for the signing of the s’d Bills of Crédit, shall take an Oath before any one Justice of the Peace of this Colony, for the true Signing and delivery of ail the s’d Bills of Crédit, and no more then the number mentioned in this Act, to the Treasurer of this Colony, according to the true intent and meaning of this Act And be it Enacted by the Authority afores’d, that Robert Walters* David Provoost, Johannes Jansen and John Cruger, Esqrs. appointed hereby to sign the Bills of Crédit made current by this Act, shall for such their Service hâve paid unto each of thein, or each of their Exeer’s or Assigns, by the Treasurer afores’d in Bills of Crédit made current by this Act, the quantity of one hundred and Seventy five ounces of Plate afores’d, as a Reward for their Trouble in signing and numbring the Bills afores’d. And be it Enacted by the «Authority afores’d, That if any Person or Persons whatsoever shall présumé to Counterfeit any of the s’d Bills of Crédit, he, she, or they being convicted thereof, shall incur the Pains and Penalties of ffelony, without benefit of Clergy, and shall Suffer accordingly And for the Effectuai sinking, Cancelling and Destroying the Bills of Crédit afores’d, made current by this Act, be it Enacted by the Governour, Council and Gen’ll: Assembly, and by the Authority of the Same, That there shall be given and granted, and tliere is hereby given and granted unto his Maj. his heirs and Successors, from the first day of November which shall be in the yeare of Our Lord one thousand Seven hundred and thirtv four, until the first day of November, which shall be in the Yeare of Our Lord one thousand seven hundred and thirty nine, for the use above mentioned, an Excyse upon ail Liquors Retailed throughout this Colony, under the quantity of five Dallons (Beer and Cvder only Excepted) to wit, the Eighth Part of an ounce of Sevil, Pillar or Mexico Plate for each Gallon so Retailed; and likewise three Quarters of an Ounce of like Plate for every Barl.944 LAWS OF THE COLONY OF NEW YORK. of Beer ana Cyder; whicli said five years Excyse is to be levyed, ccllected and paid under the same rains, Penalties, Régulations, Restrictions, Conditions and ftorfeitures, and in like rnanner and method, as is prescribed and directed by an Act pass’d in the twelfth year of the Reign of her late Maj’e Queen Anne, of Iinmor- tal Memory, Entituled, an Act for laying an Excyse on ail Strong liquors Retailed in this Colony And be it fur cher Enacted by the Authority aforesaid, That there be levyed, Raised, Collected and paid the Respective Duties and Customs hereafter Specified, which are hereby given and granted unto his Maj’e, his hoirs and Successors, for tbe space and Term of Seventeen Years, to eomence from the time of passing this Act, that is to Say, for every Pipe of Wine that shall be imported into this Colony one Ounce and a quarter of an Ounce of Plate of the Spanish Coyns of Sevil, Pillar or Mexico Plate, or the value thereof in Lyon Dollars or half Dollars, or in Bills of Crédit Current in this Colony, and So in Proportion for any greater or smaller quantity Imported as afores’d. For every Gallon of Rum, Brandy, or other distilFd Liquors imported into this Colony, two grains and a half of like plate. Which Duties shall be levied, Collected and Paid under the same Pains, Penalties, Régulations, Restrictions, Conditions and ffor- feitures, and in like rnanner and method as is prescribed and directed in and by an Act pass’d in the thirteenth Year of her late Maj’es Reigne, Entituled an Act for levying and Paying the severall Duties. therein mentioned, for the use of this Colony. And be it further Enacted by the Authority aforesaid, that the Treasurer of this Colony shall keep Accounts of the Duties hereby given on Wine, Rum, Brandy, and other Distilled Liquors, Sepa- rate and Distinct from the Accounts of the Duties already Granted on the said Liquors by the aforesaid Act passed in the Thirteenth Year of her late Ma.jesties Reign, Intituled, an Act for Levying and paying the several duties therein mentioned. And be it further Enacted by the Authority aforesaid, That in Case the Excise Given and granted in & by the aforesaid Act of Assemblv, passed in the Twelfth Year of her late Majesties Reign, entituled, an Act for Laying an Excise on ail Strong Liquors Retailed in this Colony, shall Amount unto> a Greater Sum than wiîl be sufficient to Sink Cancell and Destrov the Bills of Crédit made Current by the aforesaid Act of Assemblv, Intituled, an Act for the paying and Dischargeing the several Debts & Sûmes ofLAWS OF THE COLONY OF NEW YORK. 945 money Claimed as Debts of this Colony, to the Several persons therein named, and to make and enforce the Currency of Bills of Creditt to the value of Twenty Seven Thousand Six hundred and Eighty pounds for that purpose; Also, to make voyd ail Claims and Bemands made or pretended to be due from this Colony before the ffirst day of June, One thousand Seaven hundred and ffourteene, And to prevent this Colony from being in debt for the future, That then and in such Case the said Sum or Sums of money remaining, in the hands of the Treasurer, over and above what will be Sufficient to Sink, Cancell and destroy the said Bills, so as aforesaid made Current by the aforesaid Act of Assembly, Shall be by the said Treasurer Given in Exchange for Bills of Creditt made Current by this Act,-winch said Bills shall be Sunk, Cancelled and Destroyed in like manner as is hereinafter Directed. And be it Enacted by the Authority afores’d, That ail and singular the quantities of Plate arising by virtue of this Act, by the Excyse upon Strong Liquors above mentioned, and by the Duty up Wine, Rum, Brandy, or other Distilled Liquors before mentioned, shall be apply’d to and for the sinking, cancelling And destroying the Bills of Crédit afores’d; made currant by this Act, And shall by the Treasurer of this Colony, for the time being, be given in Exchange for such Bills of Crédit afores’d, to any Person or Persons who shall, during the time afores’d, hâve any the s’d Bills of Crédit in their hands, in Order that the s’d Bills be sunk & destroy’d, as by this Act is directed. And that the s’d Bills of Crédit may be trüly, and bona fide, sunk, as the ffond arising by virtue of this Act, is paid unto the Treasurer of this Colony for the time being, Be it Enacted by the Gov’r, Council and Gen’ll Assembly, and ’tis herebv Enacted by the Authority afores’d, That Robert Walters, David Provoost, Johannes Jansen and John Cruger, Esqrs afores’d, or the Major part of them living, or that shall be living, shall twice yearly and every veare, viz. on the first day of March, and on the first day of Sepr. audit the acc’ts of the money received by virtue of this Act, and Shall within one week there- after, affix Advertisements in the most Publick Places of the City of New York, Setting forth what quantity of Plate has been received, and is in the Treasurers hands, by virtue of this Act, which Plate shall, by the Treasurer afores’d, be given in Exchange for Bills of Crédit made current by this Act, to any 119946 LAWS OF THE COLONY OF NEW YORK. Person or Persons bringing in the Same ; And the Said Bills of Crédit shall, on or before the Expira’con of one Montk after the time of Such Audit, be Sunk and destroy’d in presence of Robert Walters, David Provoost, Johannes Jansen and John Cruger, Esqrs afores’d, or the major part of them then alive, appointed by this Act to audit the accounts of the s’d Treasurer, having first compared the said Bills of Crédit with their Counter-parts, and entred into a Book to be kept for that purpose, the Number and Value of Each Bill of Crédit so Sunk and destroy’d. But if it so kappen that ail or any Part of the Sums arising by virtue of this Act, shall be paid unto the Treasurer of this Colony in Bills of Crédit, made current by this Act, than then and in such Case the said Bills shall be sunk in manner afores’d imediately after the s'd acc’t of the Treasurer is audited, and Publick Notice shall be given of the value of the Bills so sunk and destroyed, as also of the quantity of Plate in his hands, if any be within the time before prescribed. And each of the Auditors, appointed by this Act, to audit and Examine the acc’ts. of the said Treasurer, with Relation to the money received by virtue of this Act, and to see, compare and sink the Bills of Crédit, as by this Act is directed, shall take the following Oath, viz. I. A. B. appointed to audit and Examine the aec’ts of the Treasurer of this Colony, will truly, faithfully and impartially Examine and audit the same Accounts, and compare and sink the s’d Bills of Crédit, as directed by this Act, and will truly and faithfully do and perforai according to mv best skill and Ability every thing directed and appointed by this présent Act for me as Auditor to do and perform. So help me God. AND be it further Enaeted by the Authority afores’d, That Each of the Persons before named, appointed to Audit and Exam- ine the accounts of the Treasurer, as afores’d, shall for such Examination and Auditing receive the Sum of five ounces of Plate each time of their Examining and auditing such accounts, to be paid by the s’d Treasurer out of the ffond arising and accruing by virtue of this Act. AND be it further Enaeted by the Authority afores’d, That the Treasurer of this Colony for the time being, shall keep an exact account of the particular quantifies of Plate paid by virtue of and according to the directions in this Act, with Receipts and Discharges from the Person or Persons, their Exec’rs or Assigns, to whom the said quantifies of Plate hâve been pay’d, to be pro-LAWS OF THE COLONY OF NEW YORK. 947 duced by him at ail times for view and Examination of the Gov’r;. Council and General Assembly of this Colony, or either of them,, on Penalty of making good and refunding any Sum or Sums of money which shall not be So vonclied and discharged, according to the true intent and meaning of this Act. AND be it Enacted by the Authority afores’d, That the Treas- urer of this Colony, for the time being, shall pay in the Bills of Creditt, made current by this Act, unto each of the Persons here- after named, or each of their Exec’rs. or Assigns, the Several quantities of Plate hereafter expressed, that is to say, To the Exec’rs of Maj’r Dirk Wessells or their Assigns, the Quantity of ten Ounces Seventeen penny weight and a half of Plate afores’d j being what remains due to him on a Warrant drawn by Benjamin ffletcher, Esqr. once Gov’r. of this Colony, dated the fourth day of March, one thousand Six hundred ninety four. To Omie D’Lagranzie, Junr, his Exec’rs or Assigns, the quna- tity of flfteen ounces of Plate afores’d, in full discharge of an aec’t of Eight Pound and Eighteen Shillings for Passage of Soldiers and ffreight of several fïorces to Albany in the year one thousand Seven hundred and thirteen. To Peter Yan Woghum, his Exec’rs or Assigns, the quantity of twenty one ounces twelve pennyw’t: and a half of Plate afores’d, in full discharge of an account of nine Pound and Eighteen Shillings for moneys advanc’d, and two Oxen delivered to the Comissioners at Albanie in the year one thousand Six hundred Eighty and nine. To Jan Janse Bleeker, his Execr’s or Assigns, the quantity of Seventeen ounces five pennyw’t of Plate afores’d, in full discharge of an account of Seven Pounds and Eighteen Shillings for Sundry Goods delivered by him in the year one thousand Six hundred ninety one, for the use of the Goverm’t. To Rutger Bleeker, his Execr’s or Assigns, the quantity of Eleven ounces twelve pennyw’t: and a half of Plate afores'd, in full.dis- charge of an account of five Pounds Six shillings and nine pence, for Lime delivered by John Abeel for the Building of a ffort at Albany. To John White, his Execr’s or Assigns, the quantity of five ounces and Seventeen pennyw’t: and a half of Plate afores’d; for Jovners work done in his Maj’es, ffort at New York in the year one thousand Six hundred ninety eight. To Johannes D’Lagranzie, his Exec’rs or Assigns, the quantitie of Twenty two ounces Ten pennyweight of Plate afores’d, in full dis- charge of a Claim of twelve Pound and five shillings, for Service948 LAWS OF THE COLONY OF NEW YORK. done b y him and Coi nebs Slingerlandt, as Armorers in bis Majesties ffort at Schenechtady in tbe Year one tbousand Six bundred ninety four. To Edward Anderson, bis Execr’s or assigns, tbe quantity of tbir- teen Ounces of Plate afores’d, in full discbarge of a Demand of Six Pound fifteen shillings, for Service done in Comp’a witb Jobn Dver, to Saw Boards and Timber to make and mend Carriages for bis Maj’es ffort in New York. To ffrederik Myndertse, bis Exècres or assigns, tbe Quantity of one bundred and tbirty Six ounces seventeen pennyw’t: and a balf of Plate afores’d, in full discbarge of four Warrants drawn by Edward Lord Cornbury, two dated tbe fourteentb day of October, one tbou- sand seven bundred and six and two dated tbe nineteentb day of Aug’t, one tbousand Seven bundred and eigbt for bis service as Armorer in his Maj’es Garrison at Albany. To Abrabam Staats, bis Execr’s or Assigns, tbe quantity of twenty Seven Ounces ten pennyw’t: of Plate afores’d, in full discbarge of an account of twelve Pound tbirteen Shillings and six pence for freigbt of Provisions and otber Stores to Albany ïn tbe late bappy Révolution, and also for carrying of Soldiers and Provisions in tbe Year Seventeen bundred. To Abraham Kip, bis Execr’s or Assigns, tbe quantity of tbirty tiine ounces ten pennyw’t of Plate afores’d, in full discbarge of two Warrants, one wbereof was drawn by Ricb’d Earl of Bellomont for Beer delivered by bim to bis Maj’es Sbip The ffortune, in tbe year Seventeen bundred, and the otber by Edward Lord Cornbury in tbe Year Seventeen bundred and seven. To Benjamin ffunnell, bis Execr’s or Assigns, tbe quantity of ten Ounces of Plate afores’d, in full discbarge of a Warrant drawn by Cap’t John Nanfan, Lieu’t. Gov’r. of tbis Colony, dated tbe fourteentb of April, in tbe year Seventeen bundred & two payable to Jonathan Brodburst, for Charges Expended by bim in Setling tbe Excyse of tbe City and County of Albany in tbe year seventeen bundred To Peter Guelick, bis Execr’s or Assigns, tbe quantity of two ounces and Seventeen pennyw’t and a balf of Plate aforesaid, for service done by his Brotber Sam’ll : Guelick, dec’d, at Albany, as a Soldier under tbe Comand of Cap’t. Hickbey in tbe year Seventeen bundred and four. To Peter Quackenboss, his Execu’rs or Assigns, tbe quantity of nineteen Ounces and twelve pennyweight and a balf of Plate afores’d in full discbarge of nine Pounds for ffreight of Stores from N : York to Albany, by Order of Edward Lord Cornbury.LAWS OF THE COLON Y OF NEW YORK. 919 To Coll: Jacob Rutsen, his Exec’rs or assigns, thequantity of thirty one ounces five pennyw’t of Plate afores’d, for the Arrearages of the Taxes of the County of ülster, which he overpaid to Coll : Stephen van Cortlandt, one of the Commissioners for Executing the Office of Receiver Gen’ll : of this Collony, as appear’d by his Receipt. To Margarieta Elizabeth Codwise, her Execr’s or Assigns, the quan- tity of Twentie five ounces of Plate afores’d, in full discharge for Service done by her deceas’d husband John Coenraet Codwise, in transcribing and makit&g a fair Copy for the use of the General Assembly of the Book of the Debts Said to be due from this Colony. To Harmanus Rutgers, his Execr’s or Assigns, the quantity of three ounces two pennyw’t and a half of Plate afores’d, for Beer by him deliver’d, & other Disbursem’ts, pr Order of Capt. Otto van Tuyl for a Boats Company Sent to Sandy Hook in the Colonies Service. To William Bradford, his Execr’s or Assigns, the Quantity of nine Ounces and fifteen pennyw’t: of Plate afores’d, for Books deliver’d by him for the use of the Publick. To the Right Honb’le Charlotte Lady Lovelace, her Execr’s or Assigns, the quantity of one hundred and seventy ounces seventeen pennyw’t and a half of Plate afores’d, in full discharge of a Warrant drawn by Coll : Peter Schuyler, dated the eighth day of May, seven- teen hundred & nine, being for fire-wood expended in his Maj’es ffort at New York, during the Administration of John Lord Lovelace her deceased husband. To Johannes Jansen, Esqr his Exec’rs or Assigns, the quantity of fiftv two ounces ten pennyw’t of Plate afores’d, in full discharge of an acc’t of twenty four Pound for his Service done in an Expédition against the ffrench at Albany, as Cap’t, by Comssion from Coll : fflet- cher then Gov’r. of this Province in the year Sixteen hundred ninety two. To Cap’t. Leendt Lewis, his Exec’rs or Assigns, the quantity of nine ounces and fifteen penny weight of Plate afores’d, in full discharge of a Demand of Seven Pound and ten Shillings for his Service done at Albany in an Expédition against the ffrench in the Mohaucks Country, under the Comand of Cap’t. John Jansen, in the Year six- teen hundred ninety two. To Coenraet Borgaert, his Exec’rs or Assigns, the quantity of Twenty one ounces Seventeen pennyw’t and a half of Plate afores’d, in full discharge of an acc’t of Ten Pound, for Six weeks Service in an Expédition ag’t the ffrench in the year Sixteen hundred ninety two.950 LAWS OF THE COLONY OF NEW YORK. To Sarah Skoute, Widow of John Skoute, dec’d, her Exec’rs or Assigns, the quantity of thirty Seven Ounces and ten pennyw’t of Plate afores’d; in full discharge of a Demand made for her s’d hus- bands Service, as Gunner in the ffort of New York, in the time of the late happy Révolution, in the Yeare sixteen hundred and ninety. To Johannes Ten Eyck, his Exec’rs or Assigns, the quantity of forty Seven Ounces ten pennyw’t: of Plate afores’d, in full discharge of an aicc’t of Thirty one Pound thirteen Shillings and four pence, for the hire of his ffathers Sloop and Mens Wages, in Service of this Colony, in the year seventeen hundred and five. To Schibolett Bogardus, his Exec’rs or Assigns, the quantity of Eighty two ounces of Plate afores’d, in full discharge of an account of Thirty Seven Pound and ten Shillings, for hire of his Sloop, being ttmploy’d to unload the Ship Elizabeth, Cap’t. Jones Comander, rwhen said Ship went in an Expedi’con against some ffrench Priva- îteers under the Oomand of Cap’t. William Peartree, in the yeare iSeventeen hundred and five, and the Passage of fifty Soldiers from Albany to New York. To Cornelis Yan Slyck, his Exec’rs or Assigns, the quantity of thirteen ounces and two pennyweight and a half of Plate afores’d, in full discharge of Seven Pound an ten Shillings for his Journey with Coll. Peter Schuyler to Onondago, in Service of the Governm’t. To Evert Jansen, his Exec’rs or Assigns, the quantity of three ounces and Seventeen penny weight and a half of Plate afores’d, for some Small Casks or Runlets deliver’d to the Indians by Order of Coll : Peter Schuyler, for the Service of this Colony. To Jacobus van Schoenhoeven, his Exec’rs or Assigns, the quantity of eight ounces and fifteen pennyw’t of Plate afores’d, in full dis- charge of an acc’t of four Pound, for fire-wood deliver’d to Cap’t. Hickbevs Company in the year one thousand Seven hundred and four To Cap’t. Leend’t Lewis and Johannes Terbosh, their or either bf their Exec’rs or Assigns, the quantity of forty one ounces and five pennyw’t of Plate afores’d, in full discharge of au acc’t. of nine- teen Pound for Sundry Expences, Several Persons of Dutchess County were at in entertaining Ca.p’t. Congraves Company and Six Mens Attendance on them in their Journey to Albany in the Gov- ernm’ts Service To Johannes Hooglandt, his Exec’rs or Assigns, the quantity of ïifteen ounces of Plate afores’d, for Sods deliver’d for the ffort of New York by Order of my L. Cornburv, la-te Governour of this Colony, in the year Seventeen hundred and Six.LAWS OF THE COLONY OF NEW YORK. 951 To the s’d Johannes Hoogland, his Execr’s or Assigns, the quan- tity of thirty Seven ounces and ten penny w’t of Plate, for his Pay as a Trooper in Coll: Dongans Expédition to Albany, in the year Sixteen hundred and Eighty eight, and for a Gun left in the ffort of N: York, in the time of the late happy Révolution. To Barent Hybon his Exee’rs or Assigns, the quantity of Seven ounces of Plate, for Service done for the Governm’t, in being an Out-Scout at Sandy Hook in the Year Sixteen hundred and ninety. To Dirk Adolph, John dePew and Symon Breeste, their or either of their Exeç’rs or Assigns, tne quantity of four ounces of Plate afores’d, for each of them, as being Scouts the same time at Sandy- Hook, To Jacobus van Dyck, his Exec’rs or Assigns, the quantity of thirty nine ounces Seventeen pennyw’t: and a half of Plate afores’d, in full discharge of a Warrant drawn by Edward Lord Cornbury, dated the eighteenth day of Julv, one thousand Seven hundred and Six, for a year s service as Chirurgeon in his Maj’es ffort at Schinechtady- To Helena Cooper, her Exec’rs or Assigns, the quantity of fifty ounces and fifteen pennyweight of Plate afores’d, in full discharge of a Warrant drawn by Rich’d, Earl of Bellomont, dated the twenty Seventh day of Nov’r, one thousand seven hundred Payable to Nicholas Jamain, for Sundreys delivePd for the use of ye Government., To Annetie Daniels, her Exec’rs or Assigns, the quantity of eleven Ounces and Seven pennyw’t and a half of Plate afores’d, in full discharge of a Warrant drawn by Edward Lord Cornbury, dated the tenth day of Decemb 1700 made payable to her Self for tending Sick Soldiers. To Coll. Peter Matthews, his Exec’rs or Assigns, the quantity of two hundred and Sixty Six ounces two penny w’t: and a half of Plate afores’d, in full discharge of Sundry Warrants drawn by Edward Lord Cornbury, one dated the Seven teenth day of October, one thousand Seven hundred and four, payable to Edward Cole for a quart’rs Salary as Messenger of ye coun’sel ; one dated the twenty seventh day of November, one thousand Seven hundred and Seven, payable to Elizabeth Cole for anoy’r. quart. Salary as Messenger of ye Councill, and three others dated the tenth day of decemb one thou- sand Seven hundred and eight, Payable to Elizabeth Cole for three vears Salary of her deceas’d husband Edward Cole, as messenger of the Council, & for dyet and Lodging of Some Spanish Prisoners. To John van Loon, his Exec’rs or Assigns, the quantity of eighty952 LAWS OF THE COLON Y OF NEW YORK. five Ounces of Plate afores’d, in full discharge of an account of Thirty eight Pound Seventeen Shillings and ten pence, for Several sorts of work done by him at Albany for the Soldiers, and others, by Order of Coll : Thomas Dongan. To Kiliaen van Renselaer and Coll : John Schuyler, their or either of their Exec’rs. or Assigns, the quantity of Thirty ounces of Plate afores’d, in full discharge of an account of Eighteen Pound Eleven Shillings and nine pence, for Several stockadoes deliver’d for the ffort at Albany, and for squaring and setting them up. To Andries Coyeman, his Exec’rs or Assigns, the quantity of forty cne ounces and ten pennyweight of Plate aforesd, for Provisions to the fforces in their March to Albany in the year Sixteen hundred & ninety. To Anthony van Schaik, his Exec’rs or Assigns, the quantity of two Ounces and ten pennyw’t of Plate aforesd, for mending of Glass Windows in his Majesties Garrison at Albany. To Cap’t. Henry Hollandt, his Exec’rs or Assigns, the quantifie (J one hundred and Twenty five ounces of Plate afores’d, for Ser- vice done for the Goverm’t. To Capt. John Riggs, his Exec’rs or Assigns, the quantifie of sixty two ounces and ten pennyw’t of Plate afores’d, for Service done tor the Governme’t. To César Sharp, his Exec’rs. or Assigns, the quantitie of fifty six ounces five pennyw’t of Plate afores’d for Service done by his ffather Tho: Sharp, dec’d, for the Govern’m’t. To Deborah ffielding her Exec’rs or Assigns, the quantity of thirty Seven Ounces ten pennyw’t. of Plate afores'd in full discharge for Service perform’d by her late Husband Nicolas ffielding. To John Harris, his Exec’rs or Assigns, the quantity of thirty two ounces fifteen pennyw’t of Plate afores’d, in full discharge of a Claim of nineteen Pound four Shillings, for bringing Several Boat Loads of Timber for Carriages, and Several Boat Loads of Sods,. and for ferrying horses from Amboy to New York, for the use of this Colony. To Rip van Dam, Esq’r. his Execr’s or Assigns, the quantity of fifty one ounces and ten pennyw’t: of Plate afores’d, in full discharge of a Warrant drawn by the L’d Cornbury, dated the Seventeenth day of May one thousand Seven hundred and two, payable to Hend: Hanse and Ryer Schermerhorne, for présents to the Indians for liberty to Cut Masts for Ships, for his Maj’es. use, and for other demands and acct’s, Services done, Goods and Wares advanc’d for the service of this Colony, amounting to two hundred Sixty five Pound five Shillings and five pence half penny.LAWS OF THE COLONY OF NEW YORK. 953 To John Crook, his Execr’s or Assigns, the quantity of one hun- dred and Twenty five ounces of Plate afores’d, in full discharge of an aceount of one hundred thirty four Pounds fourteen Shillings and four pence half penny, for Se ver al Sorts of work done in his Maj’es ffort in N : York frorn the year Seventeen hundred and one, to Seven- teen hundred and four, and for five Warrants drawn by Edward Lord Cornbury, one dated the Sixth of Janry, seventeen hundred & three, made payable to the s’d Crook for Sundry necessaries for the Garri- son of Albany, and four Warrants drawn by s’d L. Cornbury, pay- able to said Crooke for his Sallary as Waiter and Gager, one dated the twrenty fourth of June, seventeen hundred and four, one dated the twenty-fourth of June, seventeen hundred and Six, one dated the twenty nineth day of Sep’r, Seventeen hundred and Six, and one dated the twenty nineth of Sep’t Seventeen hundred and Eight To Schibolet Bogardus, and the rest of the Children of Peter Bogardus, dec’d, their or either of their Exec’rs or Assigns, the quantity of eighty three ounces fifteen pennyw’t of Plate afores’d, in full discharge of an account of Sixty Seven Pound for mending of Glass Windows in the ffort at Albany, and Sallary, as Commis- sioner for the Kings stores at Albany, and for ffreight of his Sloop, to be Equally divided among the Children of s’d Peter Bogardus, üec’d. To Isaak D. Riemer, his Exec’rs or Assigns, the quantity of one •hundred and thirteen ounces fifteen pennyw’t: of Plate afores’d, in full discharge of a Warrant indorsed to him by Capt. Nanfan, dec’d, dated the eighth of Janry, seventeen hundred and one, and drawn by the s’d Nanfan & made payable to himself. To Jacobus Bayard, his Exec’rs or Assigns, the quantity of fifty Seven Ounces & fifteen pennyw’t of Plate afores’d, in full discharge bf an acc’t of twTenty Six Pound and nine Shillings for Several Casks of Beer deliver’d by his ffather Balthazar Bayard, dec’d, for the use of his Majes Garrison at New York, by Order of Jacob Leisler, Esq’r. To William Chambers, his Exec’rs or Assigns, the quantity of fourteen ounces and ten pennyw’t. of Plate afores’d, in full discharge of a Demand of Six Pound tw7elve Shillings and Six pence, for Several things by him bought and disburs’d by Cap’t William Peartree, wrho was sent by this Governm’t ag’t. the ffrench Privateers khen infesting this Court. To Coll: Abraham D’ Peyster, his Exec’rs or Assigns, the quan- tity of two hundred fifteen ounces two pennyw’t and a half of 120954 LAWS OF THE COLONY OF NEW YORK. Plate afores’d, in full discharge of two Warrants, the one dated the twenty eighth day of Aprl, Seventeen hundred and one, for twenty eight Pound twelve Shillings drawn by his Maj’es. Council in the Absence of the Lieu’t. G-oCr John Nanfan, and payable for money laid out by Ryer Schermerhorn and John Latham, Ship- Carpenter, to look for Masts for the Royal Navv, and the other dated the twenty Sixth day of Janry, Seventeen hundred & one, for Sixty nine Pound fifteen Shillings and Eight Pence drawn by John Nanfan, Lieu’t. Gov’r, payable to s’d Coll. Abraham D’Peyster, for Beef, Pork and Pease found and Provided by Joh’s van Cortlandt for his Maj’es ship ffortune, sent to England with Ship-Timber. To Anthony Lispinard, his Exec’rs or Assigns, the quantity of nineteen ounces & twrelve penny w’’t and a half of Plate afores’d, in full discharge of an account of nine Pound, for fetching three Sloop Load of Stockadoes for his Maj’es ffort at New York. To Daniel Toy his Exec’rs or Assigns, the quantity of thirty Seven Ounces & ten pennyw’t of Plate afores’d, in full discharge of a Demand of fifty nine Pound thirteen Shillings & nine pence, for ^ Cartouch boxes, and Sundries deliver’d by him, and three Journeys to the Highlands for the Service of the Governm’t. To Catharina Cooker, her Exec’rs or Assigns, the quantity of Sixty twro Ounces and a half of Plate afores’d, in full discharge of a Demand of twTo hundred and ten Pound two Shillings and four pence halfe penny, for Sundry Services done by Thomas Cooker, her dec’d husband, from the year Sixteen hundred eighty Six, to the year Sixteen hundred ninety eight, for this Governm’t. To Magdalena ffurt, her Exec’rs or Assigns, the quantity of thirty two Ounces and five pennyw7’t of Plate afores'd, in full dis- charge of three Warrants drawn by Edward Lord Cornburv, one whereof is dated the eighth of Janry, seventeen hundred and Seven for fourteen Pounds payable to Barth: ffurt &c. for Sun- dries advanc’d for the use of the Governm’t, the Second dated the fifth of April, Seventeen hundred and five, payable to Mr. Perret, &c. for twenty Pound of house Rent, and the third dated the thirteenth day of October, Seventeen hundred and five, payable to Robert Crannel, &c. for Seven Pound and ten Shillings, for his Service as Cocksw^aine of the Governours barge. To Jane Tothill, her Exec’rs or Assigns, the quantity of Sixteen Ounces and a half of Plate afores’d, in full discharge of two Warrants drawn by Edward Lord Cornbury, one dated the sixth ofLAWS OF THE COLONY OF NEW YORK. 955 Janry, Seventeen hundred & three, payable to Jeremiah Tothill, dec’d, for Sundries deliver’d by him for the use of this Colony, and the other dated the third of Aug’t, seventeen hundred and three, payable to Hillegond Decay, dec’d, for Bread and Biskett deliver’d for the use of this Governm’t, when the s’d Lord Cornbury made a Voyage to Albany to visit the five Nations of Indians. To Omie D’Lagranzie, Sen’r, his Exec’rs or Assigns, the quan- tity of thirty ounees of Plate afores’d in full discharge of a Claim of Twenty Six Pound five Shillings & nine pence for freight due to him from this Governm’t in the year Sixteen hundred & ninety, till the year Sixteen hundred ninety five. To Johannes Beekman, his Exec’rs or Assigns, the quantity of thirty Seven Ounees fifteen pennyw’t of Plate afores’d, in full dis- charge of an account of Sixty Pound and ten Shillings for his Service and Company for Riding the Patrol upon the ffronteers at Albany in the Expédition against Canada in the year Seventeen hundred & nine. To Jacob Dingman, his Exec’rs or Assigns, the quantity of Seven Ounees and a half of Plate afores’d, in full discharge of a demand of Six Pound for his being wounded in the Service in the late Expédi- tion ag’t Canada. To William Bradford his Execr’s or Assigns, the quantity of one hundred ounees and two Pennyw’t and a halfe of Plate afores’d, in full discharge of three Warrants drawn by Edward Lord Cornbury, one dated the first of Ap’l Seventeen hundred and three, Payable to Rob’t Walters or Order, for fire-wood for the ffort of New York, and two Warrants dated the Seventeenth day of febry Seventeen hundred and three, payable to John Bradock, &c. for the hire of his Sloop for two Voyages to Suppress Illegall Trade, and for Sundry other Goods and Books deliver’d for the use of the Governm’t amounting to the sum of Seven ty five Pound four Shillings & ten pence To Harmanus Van Slyke, his Exec’rs or Assigns, the quantity of Twenty two Ounees and a half of Plate afores’d, in full discharge of an account of eighteen Pound and three Shillings, for five days wages in Company with Several others in the Service of the Governm’t, and his loss of time and Expences when wounded in s’d Service. To Steph: D’Lancey, his Exec’rs or Assigns, the quantity of thirty- four ounees two pennyw’t & a half of Plate afores’d, in full discharge of a Warrant assigned him by ffrederik Myndertse, Armorer at ffort Albany: drawne by Edward Lord Cornbury the nineteenth of October, Seventeen hundred & three, being for a years Salary of the s’d Myndertse.956 LAWS OF THE COLONY OF NEW YOEK. To Jellis van Vorst, his Exec’rs or Assigns, the quantity of fifteen Ounces and fifteen penny’wt of Plate afores’d, in full discharge of a Claim of Seven Pound and four Shillings for Carrying Several Indian Sachims from Schinechtady to Albany, during the Adminis- tration of the L’d Bellomont & the Lord Cornbury. To Cap’t. Arent Schuyler, his Exec’rs or Assigns, the quantity of one hundred & Seventy five ounces of Plate afores’d, for Six barrells of powder deliver’d for his Maj’es fiort at Albany in the time of the la te happy Eevolution, & for the discharge of his acc’t amounting to one hundred & twenty five Pounds for Services done for the Governm’t. To Gerrit Symons, Gerrit Verbrakel, Cornelis Polman and John Daniels, their or either of their Exec’rs or Assigns, the quantity of Sixty nine Ounces and fifteen penny w’t of Plate afores’d, for their Service in an Expédition ag’t the ffrench of Canada in the yeare Six- teen hundred And ninety, And in full discharge of their account amounting to fifty five Pound & sixteen Shillings. To Thomas Palmiter, his Exec’rs or Assigns, the quantity of Seventy five Ounces of Plate afores’d in full discharge of an acc’t of Seventy Six Pound and Sixteen Shillings for Sundry Services done for this Colonv during the Administration of the Lord Bellomont. To Capt. Lancaster Syms, his Exec’rs or Assigns, the quantity of fift}r four ounces twelve pennyw’t and a half of Plate afores’d, in full discharge of a Warrant drawn by the Lord Cornbury, dated the first of July, seventeen hundred & eight, payable to himself for Salary, and assign’d to the afores’d Syms. To Justice Bosch, his Exec’rs or Assigns, the quantity of thirty ounces Seventeen pennyw’t and a half of Plate afores’d, in full dis- charge of a Claim of Twenty four Pound & fifteen Shillings for the hire of his Sloop, which assisted the unloading of Capt. Jones’s Ship, which was taken in the Colonv Service in the yeare Seventeen hundred and five, in an Expédition ag’t some ffrench Privateers then infesting this Coast. To John Theobalds, his Exec’rs or Assigns, the quantity of four- teen Ounces twelve penny’wt and a halfe of Plate afores’d, in full discharge of a Warrant drawn by the Ld. Cornbury, dated the eight day of Mav, seventeen hundred and four, for seven Pounds nine Shill- ings payable to Elizabeth Stokes for nursing Sick Soldiers. To Mihiel and Belitie Lowrier, their or either of their Exec’rs or Assigns, the quantity of Twenty one ounces twelve penny weight & a half of Plate afores’d, in full discharge of an acc’t of nine Pound & eighteen Shillings due to their ffather ChristianLAWS OF THE COLONY OF NEW YORK, 957 Lowrier, dec’d, for the Passage of Several officers and Soldiers to Albany. To Johannes Bleeker, his Exec’rs or Assigns, the quantity* of Eighteen Ounees fifteen pennyw’t of Plate afores’d, in full dis- charge of a Claim of fifteen Pound for his Service, as Interpréter to the Commissioners of the Indian Affairs at Albany. To ffrans Wessells his Exec’rs or Assigns, the quantity of Seventy five Ounees of Plate afores’d, for Sundry Services done for this Colony. To Coll. Thomas Willet his Execr’s or Assigns, the quantity of three hundred ninety one ounees two & a half pennyw’t of Plate afores’d, for sundy Goods and Provisions for the use of the Sol- diers under the Comand of Jacob Leisler, Esq’r. To Rich’d Chapman, his Exec’rs or Assigns, the quantity of fourteen Ounees seventeen pennyw’t & a half of Plate afores’d, in full discharge of an account of Six Pound Sixteen Shillings & three pence for Carpenters Work done in his Maj’es ffort at N: York. To Naning Harminse his Exec’rs or Assigns, the quantity of thirteen Ounees two pennyw’t & a half of Plate afores’d, in full discharge of a Warrant drawn by the Lord Cornbury, dated the twenty seventh of febry, in the yeare Seventeen hundred & seven, payable to s’d Harminse for making Conveniences for the Gov’r in his Sloop for his Voyage to Albany in the year Seventeen hun- dred and four. To. Robt Livingston, Esq’r his Exec’rs or Assigns, the quan: tity of three thousand Seven hundred and ten Ounees of Plate afores’d, for the full discharge of Sixteen hundred and ninety six Pounds, claim’d for Arrearages of vitualling the fforces in Co’IL Dongans Expédition to Albany, in the year Sixteen hundred eighty-Seven & eight, & other Incidentals advanc’d by him, and for his Voyage to Onondago by Order of the la te Lord Bellomont, Gov’r of this Colony, in the year Seventeen hundred. To Robert Crannell, his Exec’rs or Assigns, the quantity of twenty five ounees of Plate afores’d, in full discharge for execut- ing the office of Serjeant at Arms to the General Assembly of the Colony of New York. To Jonathan Whitehead, his Exec’rs or Assigns, the quantity of twelve ounees ten pennyw’t of Plate afores’d, for Victualling the Soldiers that March’d from the East End of Long Island to go to Albany in Coll. Dongans Expédition to Albany, in the yeare Six- teen hundred eighty eight.958 LAWS OF THE COLONY OF NEW YORK. To Coll. Rich’d Ingoldesby, his Exec’rs or Assigna, the quantity of seven hundred & flfty ounces of Plate afores’d, in full discharge of his Services as Lieu’t Gov’r of this Colony. To Anna DTeyster, her Exec’rs or Assigns, the quantity of Twenty one ounces Seventeen pennyw’t and a half of Plate aforesd, in full discharge of a Warrant drawn by the Lord Corn- bury, dated the twenty nineth of June, seventeen hundred & two, Payable to John D’Peyster for a quarters Sallary, as Surveyor of the Customs, and in full discharge of ail other Warrants. To Coll. James Weemes his Exec’rs or Assigns, the quantity of thirty Seven ounces & ten penny’wt of Plate afores’d, for Candies deliver’d for the Garrison at Albany, in the year Seven- teen hundred and nine. To Jennit Merrit, her Exec’rs or Assigns, the quantity of two hundred Seventy nine ounces two penny’wt and a half of Plate afores’d, in full discharge of an account for Services done by her dec’d ffather George Lockhart, in an Expédition to Albany, And also for the Pay of two Men allow’d him, the whole amount- lug to two hundred thirteen Pound four Shillings and two pence. To Wybrugh van Borsum & Anna Phénix, their or either of their Exec’rs or Assigns, the quantity of Sixteen Ounces Seven- teen pennyw’t & a half of Plate aforesaid, for Service perform’d by Harmanus van Borsum and Jacob Phénix, their deceas’d hus- bands, who were Partners in a Sloop, and Carried up Soldiers to Albany. To Johannes Janse, Esq’r Isaak D’Riemer & Gerrit Viele, their or either of their Exec’rs or Assigns, the quantity of Eighty two ounces ten pennyw’t of Plate afores’d, for bringing two thousand eight hundred Pound of Powder from Philadelphia to his Maj’es ffort of N : York in the time of the late happy Révolution. To Elizabeth Jordam, her Exec’rs or Assigns, for the use of the heir of Thomas Penniston dec’d, the quantity of fifty ounces of Plate aforesaid, for Sloop hire and Service done by Capt. Pennis- ton in an Expédition against some ffrench Privateers, by Order of this Governm’t. To Abraham Wendeîl, his Exec’rs or Assigns, the quantity of twenty one ounces five penny weight of Plate aforesaid, in full dis- eharge of a Warrant drawn by Capt. Nanfan, dated the twenty Sixth day of Janv, Seventeen hundred and one, Payable to John Schuyler for Sundrv Necessaries provided by him for the Messen- gers Sent to the Ounagonge Indians, by Order of the Lord Bellomont.LAWS OF THE COLONY OF NEW YORK. 959 To Cornelis van der Hoeven, his Exec’rs or Assigns, the quan- tity of twenty two ounces two penny weight and a halfe of plate, in full discharge of a Claim of Eighty four Pound fourteen shil- lings and six pence, for materials taken from his ffather for the use of this Colony, and also in full discharge of a Warrant drawn by the Lord Cornbury, payable to Ooll. Schuyler, And by him Endorsed to the said Vanderhoeven. To David Provoost, Esq’r. his Execr’rs or Assigns, for his Ser- vice as Commissioner appointed by the Générait Assembly to receive the Claims of the Governnrt, the quantity of one hundred eighty Seven Ounces tçn pennyw’t of Plate afores’d. To Jacob Kip, Esq’r his Exec’rs or Assigns, for his Service as Comissioner appointed by the gen’ll Assembly to receive the Claims of the Governnrt, the quantity of one hundred eighty Seven ounces ten pennyw’t of Plate afores’d. To Maj Bickley, his Exec’rs or Assigns, the quantity of one hundred Sixty flve ounces of Plate afores’d, in full discharge of his Claime for his Services in Prosecuting twenty two Negroes convicted of Murder. To William Sharpass, his Exec’rs or Assigns, the quantity of Sixty ounces two pennyw’t & a halfe of Plate, in full discharge of a Claim of Twenty Seven Pound and ten Shillings for his Service and trouble in the Tryal of Several Negro Slaves, in Ap’l, one thousand Seven hundred & twelve. To Johannes Johnse, Esq’r his Exec’rs or Assigns, the quan- tity of eleven ounces and five pennyw’t of Plate afores’d, for his « Expences in Proclaiming King William & Queen Mary, of Blessed Memory. To Sam’ll Provoost, his Exec’rs or Assigns, for the account of Oap’t Partridge, the quantity of thirty two ounces twelve pennyw’t and a half of Plate afores’d, in full Discharge for his Maj’es King George his Picture. To Lucresia Hegeman, her Exec’rs or Assigns, the quantity of Sixty two ounces ten pennyw’t of Plate afores’d, for the Services perform’d by her dec’d husband Denys Hegeman, for this Colouy To Henry Wileman, his Exec’rs or Assigns, the quantity of twenty two ounces ten penny weight of Plate afores’d, for his Services as Coroner for the Citty and County of New~ York, in the Yeare Seventeen hundred & twelve, in taking nine Inqusitions on Several Persons that were murder’d by the Negroes, in the lime of their Conspiracy in New York.9G0 LAWS OF THE COLONY OF NEW YORK. . To his Excellency Robert Hunteiy Esq’r Gov’r of this Colony, bis Exec’rs or Assigns, the quantity of two thousand five hun- dred twenty five ounces seven pennyw’t and a balf of Plate afores’d, for Incidents and sundry Extraordinary disbursem'ts for tbe Publick Service of tbis Colony, for wkich no Provision bas been made. To Martha Mompesson, ber Exec’rs or Assigns, tbe quantity of three bundred and Seventy five ounces afores’d, for the Services perform’d by ber dec’d busband for tbis Governm’t. To the Gentlemen of bis Majesties Councill for tbeir extraordi- nary Services, expences and trouble in tbe .Publick Affairs of tbis Colony, the quantity of Plate following, vizt. To Coll. Peter Schuyler, Esq’r bis Exec’rs or Assigns, tbe quan- tity of two hundred and ffifty ounces of Plate aforesaid, in full discharge of ail Claims and Demands whatsoever. To Coll. Abraham D’Peyster, Esq’r his Exec’rs or Assigns, the quantity of two hundred and ffifty ounces of Plate afores’d. To Capt. Robt. Walter Esq’r his Exec’rs or Assigns, the quantity of two hundred and ffifty ounces of Plate afores’d. To Coll. Gerrardus Beekman Esq’r his Exec’rs or Assigns, the quantity of two hundred and ffifty ounces of Plate afores’d. To Rip van Dam Esq’r his Exec’rs or Assigns, the quantity of two hundred and fifty ounces of Plate afores’d. To John Barbarie Esq’r his Exec’rs or Assigns, the quantity ot two hundred and ffifty ounces of Plate afores’d. To Adolph Phillipse Esq’r his Exec’rs or Assigns, the quantity of two hundred and ffifty ounces of Plate afores’d. To Thomas Byerly Esq’r his Exec’rs or Assigns, the quantity of two hundred and ffifty ounces of Plate afores’d. To George Clarke, Esq’r his Exec’rs or Assigns, the quantity of two hundred and ffifty ounces of Plate afores’d. To John Johnstone Esq’r his Exec’rs or Assigns, the quanitie of two hundred and ffifty ounces of Plate afores’d. To Gabriel Ludlow, his Exec’rs or Assigns, the quantity of one bundred and fifty ounces of Plate afores’d, for his Services as Clerk of the General Assembly. To the Exec’rs or Adm’rs of Cornelis Post, the quantity of one bundred & twelve ounces ten pennyw’t of Plate afores’d, for his Ser- vices as Door-keeper of the General Assembly, and fire-wood and Candies, &c. furnish’d for the same. To Lewis Morris Esq’r his Exec’rs or Assigns, the quantity of Sixty two ounces ten pennyw’t of Plate afores’d, for Services per- form’d by him for the Publick.LAWS OF THE COLONY OF NEW YORK. 961 To John Thoorn, his Exec’rs or Assigns, the quantity of Fifteen ounces of Plate afores’d for his Services as a Trooper in Coll. Don- gans Expédition to Albany in the year Sixteen hundred Eighty-eight. To Mathys Nack, his Exec’rs or Assigns, the quantity of thirteen ounces two pennyw’t and a halfe of Plate afores’d, in full discharge of a Claim of fifteen Pound for his Service in an Expédition to Onondago with Major Dirk Wessells and Rob’t Saundors. To Cornelia Gilbert, Widow of John Gilbert, dec’d, her Exec’rs or Assigns, the quantity of thirteen Seven ounce ten pennyw’t of Plate afores’d, in full discharge of an acc’t of fifty two Pound Eleven shillings and eight pence, for Bread deliver’d to his} Maj’es Souldiers at Albany in the year Sixteen hundred & eighty & eighty two. To Mary Tudor, Widow of Cap’t John Tudor, her Exec’rs or Assigns, the quantity of thirty seven ounces ten penny w’t of Plate afores’d, in full discharge of an account of three hundred Seventy one Pound four Shillings and two pence farthing. To the Mayor and Comonalty of the City of New York, the quantity of five hundred ounces of Plate afores’d, for the Repair of the Citty Hall of s’d Citty. To the Exec’rs of Cornélius Willet, or their Assigns, the quantity of Twenty five ounces of Plate afores’d, for his Service in the Expédi- tion against Canada in the year Seventeen hundred & nine. To William van Ale, his Exec’rs or Assigns, the quantity of six ounces ten pennyw’t of Plate afores’d, for the Passage of two Com- issioners, two Interpreters and six Sachims from Albany to New York. To Bernardus fïreeman, his Exec’rs or Assigns, the quantity of Twenty five ounces of Plate afores’d, in full discharge of an account of Twenty Pound for Service done by Livinus van Schaick, for the use of this Colony, by Order of Governour Dongan. To- Coll. Peter Schuyler, Coll Killiaen van Renselaer, and the Widow of Major Dirk Wessels dec’d, they or either of their Exec’rs or Assigns, the quantity of ninety nine ounces fifteen pennyw’t of Plate afores’d in full discharge of a Warrant for five & forty Pounds twelve Shillings granted by the Lord Cornbury dated the third of November Seventeen hundred & four payable to Peter Schuyler, Killian van Renselaer, Dirk Wessells and Johannes Coertlandt, for Shoes to three Companys of Souldiers which were posted at Albany. To Thomas Dyer, his Execr’s or Assigns, the quantity of fifty Seven ounces fifteen pennyw’t of Plate afores’d, in full discharge of an account amounting to forty Six Pound four Shillings, for Car- 121902 LAWS OF THE COLONY OF NEW YORK. penters work in his Maj’es ffort at New York, from seventeen hundred & four to seventeen hundred & Six. To Lewis Morris, his Exec’rs or Assigns, for his drawing Several Bills and Acts of the General Assembly of this Colony, the quan- tity of one hundred & twenty five ounces of Plate afores’d. To David Provoost, Johannes Jansen and Jacobus Kip, Esq’rs their or either of the Exec’rs or Assigns, the quantity of fifty five ounces of Plate to eaeh of them, for Services done by them by Order of the General Assembly of this Colony. To Henry Wileman, his exec’rs or Assigns, the quantity of one hundred and ffifty ounces of Plate aforesaid. To Robert Livingston, Junr. Attorney at Law, for his Services in transcribing & engrossing this Act, Seven & fourty ounces & a half of Plate afores’d. To John Haskoll, his Execr’s or Assigns, the quantity of fifty ounces of Plate afores’d. And be it Enacted by the Authority afores’d, That the Treas- urer of this Colony, for the time being, shall pay in the Bills of Crédit made current by this Act, unto the following Persons, their Exec’rs, Adm’rs. or Assigns, being some of them Offieers and Souldiers now alive, who serv’d in his Maj’es ffort at New York under the Comand of Capt Jacob Leisler, in the years Six- teen hundred eighty nine & ninety, & some of them the Widows, Children, or nearest Relation of Such Offieers or Souldiers as Perform’d the said Service, & are since departed this life, the Several and respective quantities of Plate following, that is to say, To Juriaen Nagel, his Exec’rs or Assigns, the quantity of forty three ounces fifteen pennyw’t of Plate afores’d. To Albertie Soet, Widow of Johannes Soet, her Exec’rs or Assigns, the quantity of forty one ounces ten penny’t of Plate afores’d. To Johannete Burger, his Exec’rs or Assigns, the quantity of one hundred & fifteen ounces Seventeen pennyw’t & one half of Plate afores’d, being for the Services Perform’d in ffort & Comp’e afores’d, by himself and his Brother Elias Burger, dec’d. To Peter Bogaert, his Exec’rs or Assigns, the quantity of thirty Seven ounces five pennyw’t of Plate aforesaid. To Reynier Reyserick, his Exec’rs or Assigns, the quantity of forty Ounces of Plate afores’d. To Philip Trevis, his Exec’rs or Assigns, the quantity of twelve ounces ten pennyw’t of Plate afores’d.LAWS OF THE COLONY OF NEW YORK. 963 To Johannes Tibout, his Exec’rs or Assigns, the quantiy of Thirty four ounces Seven pennyw’t and a half of Plate afores’d. To Jacob Kool, his Exec’rs or Assigns, the quantity of five ounces & Seventeen pennyw’t & a half of Plate afores’d. To John Cockeveer, his Exec’rs or Assigns, the quantity of fifty three ounces & five pennyw’t of Plate afores’d. To Alexander Phénix, his Exec’rs or Assigns, the quantity of Twenty four ounces & five pennyw’t of Plate afores’d, for Service perform’d in ffort & Comp’e afores’d, by Isaak La Montagnie. To Rutger van Hoorn, his Exec’rs or Assigns, the quantity of sixty four ounces & fifteen pennyw’t of Plate afores’d. To Peter Romen his Exec’rs or Assigns, the quantity of thirty three ounces & five pennyw’t of Plate afores’d, for Service done in ffort & Comp’e afores’d, by his Brother Jacob Romen, dec’d To Abraham Splinter, his Exec’rs or Assigns, the quantity of forty one ounces Seven pennyw’t & a half of Plate afores’d. To Henry van der Spiegel, his Exec’rs or Assigns, the quantity of Twenty ounces Seventeen pennyw’t & a half of Plate afores’d, for Service perform’d in ffort & Comp’e aforesaid, by his Brother Tobias, dec’d. To Catharina Barns her Exec’rs or Assigns, the quantity of Twenty Seven ounces ten pennyw’t of Plate afores’d, for Service done in ffort & Comp’e afores’d, by David Thomas. To ffrederik Shurmans, his Exec’rs or Assigns, the quantity of fcurteen ounces Seventeen pennyw’t & a half of Plate afores’d. To Sarah van Arnhem, her Exec’rs or Assigns,, the qjiantity of Thirty three ounces Seventeen Penny wreight & a half of Plate for Service perform’d in ffort & Comp’e afores’d, by her dec’d husband. To Susanna Wood, & her Sister Anna Churc-hill, Co-heirs of their ffather William Churc-hill, deceas’d, their or either of their Exec’rs or Assigns, the quantity of one hundred thirty four ounces fifteen Pennyw’t of Plate afores’d to be Equally divided between them for Service perform’d by their s’d ffather in ffort & Comp’e afores’d, as a Lieu’t. To Sarah & Janneke Peerce, their or either of their Exec’rs, the quantity of Thirty one ounces of Plate afores’d, to be Equally divîded amongst them, and the rest of the Children of William Peerce, deceas’d, for Service perform’d by the s’d Peerce in ffort & Comp’e afores’d. To Simon Brestede, his Exec’rs or Assigns, the quantity of nine* teen ounces ten pennyw’t of Plate afores’d, for Service perform’d in ffort & Comp’e afores’d, by his Brother Wouter Brestede, dec’d.9G4 LAWS OF THE COLONY OF NEW YORK. To Mary Burger, her Exec’rs or Assigns, the qua.ntity of Twenty nine ounces seven penny w’t & a half of Plate afores’d, for service per- forait by her husband Peter Sinham, deceas'd. To Daniel de Voor, bis Exec’rs or Assigns, the quantity of twenty five ounces fifteen pennyw’t of Plate afores’d. To Abraham Metselaer, his Exec’rs or Assigns, the quantity of Twenty Eight ounces of Plate afores’d. To John Painter, his Exec’rs or Assigns, the quantity of Twenty nine ounces Twelve pennyw’t & a half of Plate afores’d. To Maike van der Werf, her exec’rs or Assigns, the quantity of seventeen ounces twelve pennyw’t & a half of Plate afores’d, for Ser- vice perform’d in ffort & Comp’e afores’d, by her husband Cornelis van der Werf, dec’d. To Engeltie Gerritse, her Exec’rs or Assigns, the quantity of Six- teen ounces ten pennyw’t of Plate afores’d, for Service perform’d in ffort & Comp’e aforesaid, by her dec’d husband Otto Gerritse. To Johannes Cock & David Cock, their or either of there Exec’rs or Assigns, the quantity of forty three ounces five pennyw’t of Plate afores’d for Service done in ffort & Comp’e by their ffather Jocobus Cork, dec’d. To Iba van Shyven, her Exec’rs or Assigns, the quantity of Twenty two ounces fifteen pennyw’t of Plate afores’d, for Service perform’d by her deceas’d husband in the Comp’e afores’d. To Willem de Graw, his Exec’rs or Assigns, the quantity of thir- teen ounces twelve pennyw’t & a half of Plate afores’d, for Service perform’d in ffort & Comp’e, by his dec’d ffather. To John Henry, his Exéc’rs or Assigns, the quantity of fifty five ounces of Plate afores’d. To Anna Jackson, Daughter of Hartman Wessells, her Exec’rs or Assigns the quantity of fifty ounces of Plate afores’d, for Service done by her dec’d ffather, as Surgeon of the s’d ffort, & Company. It is also Enacted by the Authority afores’d, that the Treasurer do pay in Bills of Crédit afores’d, unto the following Persons, their Exec’rs, Adm’rs or Assigns, being some of them Officers & Souldiers now alive, who serv’d in his Maj’es ffort at Albany, under the Comand of Capt. Jochim Staats in the years Sixteen hundred eighty nine & ninety, & some of them the Widows & Children or nearest Relation of Such Officers or Souldiers as perform’d the s’d service, and are Since departed this life, the Severall & Respective quantities of Plate following, that is to Say. To Hendrik Ate, his Exec’rs or Assigns, the quantity of Twenty nine ounces Seven pennyw’t & a half of Plate afores’d.LAWS OF THE COLONY OF NEW YORK. 965 To Noah Barton, his Exec’rs or Assigns, the quantity of Twenty three ounces Seven pennyw’t & a halfe of Plate afores’d, to' be Equally divided among the Brethern of Elisa Barton who perform’d the Service in the ffort, & Company afores'd. To Edward Hendcok, his Exec’rs or Assigns, the quantity of Thirty seven ounces ten pennyw’t of Plate af ores'd. To Johannes Symonse, his Exec’rs or Assigns, the quantity of Eighteen ounces twelve pennyw’t & a half of Plate afores’d. To ff rancis Neel, his Exec’rs or Assigns, the quantity of Twenty Seven ounces of Plate afores’d. To Jacob Lawrence, his Exec’rs or Assigns, the quantity of thirty ounces twelve & a half pennyw’t of Plate afores’d. To Abraham Lawrence, his Exec’rs or Assigns, the quantity of nine ounces Seven pennyw’t & a half of Plate afores’d. To John Lawrence, his Exec’rs or Assigns, the quantity of Twenty five ounces of Plate afores’d. To Joseph Robinson, his Exec’rs or Assigns, the quantity of four- teen ounces twelve pennyw’t & a half of Plate afores’d, for Service perform’d-in ffort, & Comp’e afores’d, by his ffather Thomas Robinson, dec’d, to be Equally divided among the Children of the s’d Thomas Robinson, dec’d. To Sarah Wright, her Exec’rs or Assigns, the quantity of Sixty two Ounces ten pennyw’t of Plate afores’d, for Service done by her husband, Lieut. Jonathan Wright, dec’d, as Lieut. of the s’d Company. To Thomas Bishop, his Exec’rs or Assigns, the quantity of seven- teen ounces ten pennyw’t of Plate afores’d, for Service done in ffort, & Comp’e aforesaid, by his deceas’d ffather. To Thomas Williams, his Exec’rs or Assigns, the quantity of Thirty Seven ounces two pennyw’t & a half of Plate aforesaid. To William Hogan, his Exec’rs or Assigns, the quantity of Twenty nine ounces Seventeen pennywT’t & a half of Plate afores’d. To Jacob Staats, his Exec’rs or Assigns, the quantity of flfty-two ounces ten pennyw’t of Plate afores’d, for his Service as Surgeon to the said Comp’e. To Tho. Noxon, his Exec’rs or Assigns, the quantity of Twenty one ounces twelve pennyw’t & a half of Plate afores’d. To David Lewis, his exec’rs or Assigns, the quantity of forty ounces Seventeen pennyw’t & a half of Plate afores’d. To Solomon Boogh, his Exec’rs or Assigns the quantity of Seven ounces twelve pennyw’t & a half of Plate afores’d. To Jacob Realomont, his Exec’rs or Assigns, the quantity of Thirty ounces of Plate afores’d, for Service done in the ffort & Comp’e, by his Brother Hendrik Realeomont, dec’d.966 LAWS OF THE COLONY OF NEW YORK. To Josuah Anderson, his Exec’rs or Assigns, tke quantity of thirty two ounces ten pennyw’t of Plate afores’d. To Nathaniel Bayly, his Exec’rs or Assigns, the quantity of Twenty four ounces Seven pennyw’t and a half of Plate afores’d, being for Ser- vice done in ffort, & Comp’e afores’d, by his Brother Nathan Bayly, dec’d. To Geertie Ten Eyk, Widow of Jacob Ten Eyk, her Exec’rs or Assigns, the quantity of fifty three ounces five pennyw’t of Plate afores’d, for Shoes deliver’d to the s’d Comp’e. To the Exec’rs of Alexander Keny, the quantity of twelve ounces & ten pennyw’t of Plate afores’d, for Services done by s’d Keny. To the Brittish Officers following, which tarried here at the Request of this Colony, the quantity of Six hundred ounces of Plate afures’d, in full discharge of ail their Claims upon this Collony, the Respective following quantifies of Plate, vizt. To WTilliam Hellin, his Exec’rs or Assigns, the quantity of fifty ounces of plate afores’d. To Abraham Jea, his Exec’rs or Assigns, the quantity of fifty ounces of Plate afores’d. To Walter Harris, his Exec’rs or Assigns, the quantity of fifty ounces of plate aforesd. To Timothy Bayly, his Exec’rs or Assigns, the quantity of fifty ounces of Plate afores’d. To John Bennet, his Exec’rs or Assigns, the quantity of fifty ounces of Plate afores’d. To Andrew Nicolls, his Exec’rs or Assigns the quantity of fifty ounces of Plate afores’d. To Edward Blood, his Exec’rs cr Assigns the quantity of fifty ounces of Plate afores’d. To Sam’ll Babington, his Exec’rs or Assigns the quantity of fifty ounces of Plate afores’d. To Rich’d Kitchiner, his Exec’rs or Assigns, the quantity of fifty ounces of Plate afores’d< To Matthew Loo, his Exec’rs or Assigns the quantity of fifty ounces of Plate afores’d, To the Exec’rs or Admr’s of William Willkingson, the quantity of fifty ounces of Plate afores’d. To Thomas Sherlok, his Exec’rs or Assigns, the quantity of fifty ounces of Plate afores’d, for Provisions and other necessaries fur- nish’d James Hall, one of the Brittish Oflicers, deceas’d. To the following Persons their Exec’rs or Assigns the respective Sums annexed to each of their names for the loss of their Shares inLAWS OF THE COLONY OF NEW YORK. 967 the Hoorn ffrigat, which was taken from them by Gov’r Slaugbter for the use of the Governm’t, vizt. To Barent & Johannes Hebon, their or either of their Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To Gerrit Viele, his Exec’rs or Assigns, the quantity of Eighteen ounces fifteen pennyw’t of Plate afores’d. To Thomas Evans, his Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To Gerrit D’Boogh, his Exec’rs or Assigns, the quantity of twelve ounces & a balf of Pi a te afores’d. To Sam’ll Waldron, his Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To Elizabeth Burger, Widow, her Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To Rebecca Goederis, Widow, her Exec’rs or Assigns, the quantity of twenty five ounces of Plate afores’d.; To Lammert Sickells, his Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To Catharina Yiele, Widow her Exec’rs or Assigns, the quantity of eighteen ounces fifteen pennyw’t of Plate afores’d. To Johannes Hardenbrook, his Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To Susanna van Tienhoeven, ber Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To the Children of Aert Elbertse, deceâs’d, their or either of their Exec’rs or Assigns, the quantity of twelve ounces & a half of Plate afores’d. To the following Car-men, their Exec’rs, Adm’rs or Assigns, the respective quantities of Plate afïïx’d to their names, for carrying Stockadoes, Sand, Sods, &c. for his Majesties ffort at New York in the years Seventeen hundred & two & Seventeen hundred & three, vizt. To Thomas Allison, his Exec’rs or Assigns, the quantity of twenty three ounces three pennyw’t of Plate afores’d. To Hubert van den Bergh, his Exec’rs or Assigns, the quantity of fifteen ounces four & a half pennyw’t of Plate afores’d. To John Lukas, his exec’rs or Assigns, the quantity of twenty two ounces Seven & a half pennyw’t of Plate as aforesd. To Edward Merrit, his Exec’rs or Assigns, the quantity of Twenty two ounces Seven & a half pennyw’t of Plate afores’d. To William Stoaks, his Exec’rs or Assigns, the quantity of Twenty two ounces Seven & a half pennyw’t of Plate as afores’d.968 LAWS OF THE COLONY OF NEW YORK. To John Dyer, his Exec’rs or Assigns, the quantity of Seven ounces ’ Seventeen & a half Pennyw’t of Plate as afores’d. To George Williams, his Exee’rs or Assigns, the quantity of twenty two ounces Seven & a half pennyw’t of Plate as afores’d. To Benjamin Hemstead, his Exec’rs or Assigns, the quantity of fourteen ounces ten pennyw’t of Plate afores’d. To Edward Daiis, his Exec’rs or Assigns, the quantity of four- teen ounces & ten pennyw’t of Plate afores’d. To Daniel Jones, his Exec’rs or Assigns, the quantity of thir- teen ounces Seventeen pennyw’t & a half of Plate afores’d. To Robert Bussey, his Exec’rs or Assigns, the quantity of nine ounces Seven & a half pennyw’t of Plate afores’d. To John Cure, his Exec’rs or Assigns, the quantity of four ounces Seven & a half pennyw’t of Plate afores’d. It is also Enacted by the Authority afores’d, That the Treas- urer do pay in Bills of Crédit afores’d, unto the following Per- sons, their Exec’rs, Adm’rs or Assigns, being some of them Offi- cers & Souldiers now alive, who serv’d on the ffronteers at Albany, under the Comand of Capt Barent Lewis, in the years Sixteen hundred Eighty nine & ninety, & Some of them the Widows, Children or nearest Relations of Such Officers or Soul- diers as perform’d the s’d Service, & are since departed this life, the Several & respective quantifies ?f Plate following, that is to S$y. To Gerrit Wouterse, his Exec’rs or Assigns, the quantity of forty three ounces flfteen pennyw’t of Plate afores’d. To David Coesaert, his Exec’rs or Assigns, the quantity of twenty ounces five pennyw’t of Plate afores’d To Gerrit Burger, his Exec’rs or Assigns, the quantity of Eighteen ounces Seven & a half penny-w’t of Plate afores’d. To Thomas Van Boskerk, his Exec’rs or Assigns, the quantity of thirty Seven ounces ten pennyw’t of Plate afores’d. To Johannes Nys, his Exec’rs or Assigns, the quantity of thirty ounces of Plate afores’d. To Peter Luykasse, his Exec’rs or Assigns, the quantity of nine- teen ounces two & a half pennyw’t of Plate afores’d. To Thomas Skillman, his Exec’rs or Assigns, the quantity of fourteen ounces seventeen & a half pennyw’t of Plate afores’d. To William Tyse, his Exec’rs or Assigns, the quantity of nine- teen ounces twelve & a half pennyw’t of Plate afores’d. To ffemmetie Andriese, lier Exec’rs or Assigns, the quantity of nine ounces Seven & a half pennyw’t of Plate afores’d, forLAWS OF THE COLONY OF NEW YORK. 969 Service perform’d by her deceas’d husband Dirk Andriese in the ffronteers at Albany, in s’d Comp’e. To Hester ffranse van Hyck, her Exec’rs or Assigns, the quan- tity of twenty two onnces & ten pennyw’t of Plate afores’d, for Service perform’d by her deceas’d husband Tyme ffranse, in the ffronteers at Albany in s’d Compte. To Teunis Woertman, his Exec’rs or Assigns, the quantity of twenty ounces fifteen pennyw’t of Plate afores’d. To Peter Loysen, his Exec’rs or Assigns, the quantity of twenty ounces two pennyw’t & a half of Plate afores’d. To Jacob Cassow, his Exec’rs or Assigns, the quantity of Seventeen ounces of Plate afores’d. To Johs. Langestrandt, his Exec’rs or Assigns, the quantity of Eighteen ounces & Seventeen pennyw’t & a half of Plate as afores’d. To Benjamin van de Water, his Exec’rs or Assigns, the quan- tity of Eighteen ounces fifteen pennyw’t of Plate afores’d. To Aron van Noortstrandt, his Exec’rs or Assigns, the quantity of twenty five ounces of Plate afores’d. To the Children of John Shute, dec’d, their or either of their Exefc’rs, the quantity of thirty ounces of Plate afores’d. To John Gansell, his Exec’rs or Assigns, the quantity of Seven Ounces two & a half pennyw’t of Plate afores’d. To Hendricus Beekman, his Exec’rs or Assigns, the quantity of four & forty ounces five pennyw’t of Plate afores’d. To Teunis Titus, his Exec’rs or -Assigns, the quantity of twenty one ounces two & a half pennyw’t of Plate afores’d. To Henry Meyer, Molatto, his Exec’rs or Assigns, the quantity of Seventeen ounces fifteen pennyw’t of Plate afores’d. To Isaak Denham, his Exec’rs or Assigns, the quantity of forty ounces of Plate afores’d. To Susannah van Bounnell, her Exec’rs or Assigns, the quan- tity of thirty three ounces ten pennyw’t of Plate afores’d, for Ser- vice perform’d in the Comp’e afores’d, by her husband Jerominus van Bounnell deceas’d. To David Daniel se, his Exec’rs or Assigns, the quantity of fif- teen ounces Seven & a half pennyw’t of Plate afores’d. To John Loats, his Exec’rs or Assigns, the quantity of nine^ toen Ounces ten pennyw’t of Plate afores’d. To Peter ffransisco, his Exec’rs or Assigns, the quantity of twelve & a half pennyw’t ôf Plate afores’d. 122970 LAWS OF THE COLONY OF NEW YORK. To Johs. Thomasse, his Exec’rs or Assigns, the quantity of four ounces two & a half pennyw’t of Plate afores’d. To Johannes Rees, his Exec’rs or Assigns, the quantifie of fourteen ounces Seventeen & a half pennyw’t of Plate afores’d. To Mary & Eliz: d’Warham, the Co-heirs of Jacobus d’Warham, dec’d, their or either of their Exec’rs or Assigns, the quantity of Eighty t-hree ounces Seventeen & a half pennyw’t of Plate afores’d, for service perform’d in s’d Comp’e by their s’d ffather, Jacobus d’Warham, dec’d. To Anna vander Spiegel, Widow, her Exec’rs or Assigns, the quantity of eight four ounces ten pennyw’t of Plate afores’d, for Service perform’d by her husband Jacobus vander Spiegel, dec’d, as Lieut of s’d Compe. To Tho: Humphreys, his Exec’rs or Assigns, the quantity of twelve ounces ten pennyw’t of Plate afores’d. To Eliz: Disborough, her Exec’rs or Assigns, the quantity of twelve ounces ten pennyw’t of Plate afores’d, for Service per- form’d in s’d Comp’e by her dec’d husbands ffather John Bassett. To John Anmot, his Executors or Assigns, the quantity of twelve ounces ten pennyw’t of plate aforesaid. To Abraham and Gerritt Kettletas, and their Sisters Child to bc Equally Divided among them, or their Executors or assigns, the quantity of thirty ounces of plate aforesaid, for Service per- formed in said Company by their Brother John Kettletas, Deceased. To Jacob Salomon’s free Negro, his Executors or Assigns, the Quantity of thirty Seven Ounces ten penny weight aforesaid. To John Baker, his Executors or assigns, the quantity of thirty five ounces twelve and half pennyw’t of plate aforesaid. To Enoch Andriese, his Executors or Assigns, the quantity of twenty Seven Ounces fifteen penny weight of plate aforesaid. To William Atkins, his Executors or Assigns, the Quantity of twelve Ounces ten pennyweight of plate afores’d. To Manuell Gantalis Duck, his Executors or assigns, ye Quan- tity of fifty ounces of plate aforesaid. To Antie Sluyck, Widow, and Relict of Johannes Ellsworth, her Executors or assigns, the quantity of twenty one ounces Seven- teen and a half penny weight of plate aforesaid, for Service per- formed in ye Said Company by her said Deceased husband. To Tiek Van Dyck, his Executors or assigns, the quantity of thirteen ounces ten pennyweight of plate aforesaid.LAWS OF THE COLONY OF NEW YORK. 971 To Jacob Yan Doorn and Jacob Laning, their or either Executors or assigns, tbe quantity of thirty two ounces fifteen pennyweigbt of plate aforesaid. To Mary Yan Dyck, Widow, her Executors or assigns, the Quantity of thirty ounces of plate aforesaid, for Service performed by her Deceased husband henry Yan Dyck, as Surgeon to the said Company. To Johannes Yan Bleerkum, his Executors or assigns, the quantity of twenty five ounces of Plate aforesaid. To Mary Bries, her Executors or assigns, the quantity of thirty Nine Ounces Seven and a half pennyweight of plate aforesaid, for Shoes, &c. It is also Enacted by the Authority aforesaid, That the Treasurer of this Colonv, for ye time being, do pay in Bills of Crédit aforesaid, unto ye following persons, their Executors, Administ’rs or assigns, being Some of them officers and Soldiers now alive, who Served on the frontiers at Albany under the Command of Capt Gabriel Thompson, in ye Year one thousand Six hundred and Eighty Nine And One thousand Six hundred anl Ninety, And Some of them the widows, Children or nearest Relations of Such officers or Soldiers as performed the said Service, And are Since Deceased, the Several and respective quantities of plate following, vizt. To the Executors or Administrators of the said Gabriel Thomp- son, the Sum of Two hundred and ffifty Ounces of Plate aforesaid, for Service performed by him as Captain of the said Company on the ffrontiers at Albany. To Benjamin Harrison, his Executors or assigns, the quantity of Seven Ounces & ten pennyweight of plate afores’d. To Abel Riddenhaes, his Executors or Assigns, the quantity of forty Ounces Seven and a half pennyweight of plate aforesaid. To Roger Barton, his Executors or assigns, for himself and the rest of ye Children of Roger Barton, Dec’d, their Executors or assigns, the quantity of Eighty Seven ounces Seven and a half penny weight of plate aforesaid, being for Service performed by their Decd father, as Lieutenant of Said Company- To Susannah Ogden, her Executors or assigns, the Quantity of Eighteen Ounces twelve and a half penny weight of plate aforesaid, for Service performed by her Dec’d husband in s’d Company. To Anna ffyn, her Exec’rs or assigns, the quantity of twenty Ounces f\ve penny weight of plate aforesaid, for Service performed in said Company by her Deceased husband Johannes ffyn. To Hans Pier, his Executors or assigns, the quantity of ten Ounces ten pennyweight of plate afores’d, for services performed by Robert Yolharp, Deceased, in said Company.972 LAWS OF THE COLON Y OF NEW YORK: To Zacharias Sickells, liis Exec’rs or assigns, the quantity of three ounces Seventeen pennyweight and A half of plate aforesaid. To Jolin Mark Donnell, alias Highlander, his Exec’rs or assigns, the quantity of thirty ounces and ten penny weight of plate aforesaid. To William Hopkins, his Exec’rs or assigns, the quantity of thir- teen Ounces fifteen penny weight of plate aforesaid. 1T is also Enacted by the Authority aforesaid, That the Treasurer do pay in Bills of Crédit aforesaid, unto the following persons, their Executors, Administralors or assigns, being Some of them officers and Soldiers now alive, who Served on the frontiers at Albany, under ye Command of Capt John Thomas, in the years One thousand Six hundred and Eighty Nine And G ne iliousand Six hundred & Ninety, and Some of them the Widows, Children or nearest Relations of Such officers or Soldiers as performed the Said Service, And are Since Departed this Life, the Several and Respective quantities of plate fol- lowing, that is to Say, To Sophia Thomas, her Exec’rs or Assigns, the Quantity of One hundred and twenty five ounces of plate aforesaid, for Service per- formed by her Dec’d husband, John Thomas, as Capt of s’d Company. To Isaiah Bartlet, his Exec’rs or Assigns, the quantity of four- teen ounces Seven and a half penny weight aforesaid. To Thomas Chambers, his Executors or Assigns, the quantity of twenty two Ounces and ten penny weight of plate aforesaid. To John Embrie, his Exec’rs or Assigns, the quantity of Twenty Ounces of plate aforesaid. To Albertus Holst, his Executors or assigns, for himself and for the use of ail ye Children of his father Lawrence Holst, Deceased, to be equally Divided amongst them, their Executors or Assigns, the quantity of Eighteen Ounces fifteen pennyweight of plate aforesaid. To Simon Westphael, his Exec’rs or assigns, the quantity of Seven Ounces ten penny weight of plate aforesaid. To the Children of Anthony Swartwout, Deceased, their or either Exec’rs or Assigns, to be equally Divided amongst them, the quantity of Seven Ounces ten pennyweight afores’d. To Cornelis D’Peyster, his Exec’rs or Assigns, the quantity of Seven Ounces ten pennyweigh’t of plate afores’d. To Eva Decker, her Exec’rs or assigns, the Quantity of Eighteen ounces five pennyweight of plate aforesaid, for Service performed in said Company by her Deced husband Matthys Decker.LAWS OF THE COLONY OF NEW YORK. 973 To Jacob Hicks, Johannes Vanwyck and Joseph Budd, their or either of their Exec’rs or assigns, each of them the Quantity of Seventeen Ounces ten pennyweight of plate aforesaid. To John Clute, his Executors or assigns, the quantity of fifty one ounces Seven and a half pennyweight of plate aforesaid. IT is also Enacted by the authority aforesaid, That the Treasr urer of this Colony, for the time being, Sali pay in Bills of Crédit made Currant by this Act, unto the following persons, their Executors, Administrators or assigns, the Several and Respective quantitys of plate following, it being for sundry Arms left in his Maties ffort at New York, And taken from Some of the Inhabitants of this City, and Carried to the said ffort in ye year One thousand six hundred & Ninety one, for the Service of their Maties King William & Queen Mary, of Glorious Memory, towit, To ffrancis More, his Executors or Assigns, the Quantity of twelve Ounces of plate aforesaid. To Johannes Laqueer, his Exec’rs or assigns, the quantity of twenty five Ounces five penny weight of plate aforesaid. To Engelbert Lott, his Exec’rs or assigns, the quantity of twelve ounces ten pennyweight of plate afores’d. To Casparis Mebie, his Exec’rs or assigns, the Quantity of Seventeen Ounces two and A half pennyweight of plate aforesaid. To Orseltie Yan Dyck, her Exec’rs or assigns, the Quantity of ten Ounces of plate aforesaid. To Elizabeth fforeest, her Executors or Assigns, the quantity of Ninety ounces of plate aforesaid for Locks of Indians Guns, &c. To Charles Morgan, his Executors or assigns, the quantity of six Ounces & five pennyweight of Plate aforesaid. To Leger Gerritse, his Exec’rs or assigns, the quantity of twelve ounces of plate aforesaid. To Lambert Janse, his Exec’rs or assigns, the quantity of three Ounces & fifteen pennyweight of plate aforesaid. To Hendricus Kip, his Exec’rs or assigns, the quantity of Eleven Ounces ten pennyweight of plate aforesaid. To Isaac Suedker, his Exec’rs or assigns, the quantity of three ounces and fifteen pennyweigh’t of plate aforesaid. To Cornélius Kuyper, Esq’r his Exec’rs or assigns, the quantity of ten Ounces Seventeen and A half pennyweight of plate aforesaid. To Elizabeth Salm, her Exec’rs or assigns, the quantiy of three Ounces and fifteen pennyweight of plate aforesaid.974 LAWS OF THE COLONY OF NEW YORK. To peter Cornell, his Exec’rs or assigns, the quantity of twelve Ounces ten pennyweight of Plate aforesaid. To Barent Sweam, his Exec’rs or assigns, the quantity of three ounces and fifteen pennyweight of plate aforesaid. To Jacob Hendrickse, his Exec’rs or assigns, the quantity of eleven ounces fifteen pennyweight of plate aforesaid. To John De Pew, and Susannah Parmiter, their or either of their Exec’rs or assigns, the quantity of five Ounces and twelve penny- weight and a half of plate aforesaid. To Teunis Titus, his Exec’rs or assigns, the quantity of ten Ounces of plate aforesaid. To Hendrick Jansen, his Exec’rs or assigns, the quantity of Eleven Ounces ten pennyweight of Plate aforesaid. To William Post, his Executors or assigns, the quantity of twelve ounces of Plate aforesaid. To Mary Matchcraft, her Executors or assigns, the quantity of Eight ounces two and a half pennyweight of Plate aforesaid. To ffrederick Symense, his Exec’rs or assigns, the quantity of twelve Ounces of plate aforesaid To Gabriel Sprong, his Exec’rs or assigns, the quantity of ffour Ounces two and a half pennyweight of plate aforesaid To Joost Dury, his Exec’rs or assigns, the quantity of five Ounces two and a half penny weight of plate aforesaid, To peter Bogart, his Exec’rs or assigns, the quantity of three ounces fifteen pennyweight of plate aforesaid. To Reymer Keyserick, his Exec’rs or assigns, the quantity of twelve Ounces fifteen pennyweight of plate aforesaid. To Nicolas Bogaert, his Exec’rs or assigns, the quantity of three Ounces five pennywveig’t of plate aforesaid. To Cornélius Catt, his Exec’rs or Assigns, the quantity of three Ounces fifteen pennyweight of plate aforesaid. To Elizabeth ffisher, her Exec’rs or assigns, the quantity of Eighteen Ounces twelve and a half pennyweight of plate aforesaid. To Dirk Volkertse, his Exe’crs or assigns, the quantity of Nine Ounces fifteen pennyweight of plate afores’d. To Johannes Cuvier, Esq’r his Exec’rs or assigns, the quantity of ten Ounces of plate aforesaid. To Leonard Lewis, Esqr his Exec’rs or assigns the quantity of thirty Ounces of plate aforesaid. To Jeronimus Duchain, Joseph Bastide and Nicolas Larsillore, their or either of their Exec’rs or assigns, the quantity of twentyLAWS OF THE COLONY OF NEW YORK. 975 five Ounces two and A half pennyweight of plate aforesaid, to be equally divided Amongst them. To Cornélius van Brunt, bis Exec’rs or assigns, the quantity of ten Ounces Seventeen and a half pennyweight of plate aforesaid. To Henry Suydman, his Exec’rs or assigns, the quantity of Six Ounces ten pennyweight of plate afores’d. To William Titworst, his Exec’rs or assigns, the quantity of forty Ounces of plate aforesaid. To Joost Yan Brunt, his Exec’rs or assigns, the Quantity of four Ounces Seven and a half pennyweight of plate aforesaid. To Jacob ffortune, his Exec’rs or assigns, the quantity of ffour- teen Ounces two and a half pennyweight of plate aforesaid. To Daniel Hendrickse Bront, his Exec’rs or assigns, the quan- tity of six ounces five pennyweight of plate aforesaid. To John Gerritse Van CowTenhoven, his Exec’rs or assigns, the Qu’t of Seven Ounces ten pennyweight of plate aforesaid. To Jacob CowTenhoven, his Exec’rs or assigns, the quantity of five Ounces Seventeen and a half pennyweight of plate aforesaid. To Japie Hardenbergh, her Exec’r’s or assigns, the quantity of twenty three Ounces two and a half pennyweight of plate aforesaid. To Lammert Andries, his Exec’r’s or assigns, the quantity of Seven Ounces twelve & a half pennyweight of plate aforesaid. To Volkert Hermans, his Execr’s or assigns, the quantity of Eight Ounces fifteen pennyweigh’t of plate aforesaid. To Barent Waldron, his Exec’rs or assigns, the quantity of five Ounces Seven and a half pennyweight of plate aforesaid. To Isaac D’Lamatre, his Exec’rs or assigns, the Quantity of five Ounces Seven and a half pennyweight of plate aforesaid. To Jacob Verdon, his Exec’r’s or assigns, the quantity of thirteen Ounces two and A half pennyweight of plate aforesaid. To Suannah Wood, And her Sister Anna Churchill, Co-heirs of Lieut William Churchill, Dec’d, their or either of their Executors or assigns, the quantity of twelve Ounces ten pennyweight of plate aforesaid, to be Equally divided as aforesaid. To Barent Hesbon, his Executors or assigns, the Quantity of Six Ounces ten pennyweight of plate aforesaid To John Kierson, his Executors or assigns, the quantity of ten Ounces seventeen and a half pennyweight of plate aforesaid. To Marte Willse, his Exec’rs or assigns, the quantity of ten Ounces fifteen pennyweight of plate aforesaid. To Benjamin Vandewater, his Exec’rs or assigns, the Quantity of Six Ounces ten pennyweight of plate aforesaid.976 LAWS OF THE COLONY OF NEW YORK. To Cornélius Cornel, his Exec’rs or assigns, the quantity of Seven Ounces twelve pennyweight and a half of plate aforesaid. IT is also Enacted bv the Authority Aforesaid, That the Treasurer of this Colony, for the time being, shall pay in Bills of Crédit made Current by this Act, unto the following persons, Their Executors, Administrators or Assigns, the Several and respective quantity of Plate following, it being for Goods, merchandizes & Stores of War taken for the Publique use & defence of this Colony, vizt. To Henry Coerten, his Executors or Assigns, the quantity of twenty four ounces ten pennyweight of Plate aforesaid, for wheat, &c. To Oliver Baily, his Executors or Assigns, the Quantity of forty seven ounces ten pennyweight of Plate aforesaid, for Powder, &c. To Helena D’Key, her Executors or Assigns, the quantity of thirty seven ounces two and a half pennyweight of Plate afores’d. To Rachel Teller, her Executors or Assigns, the quantity of sixty ounces of Plate afores’d. To Ebenezer Wilson, his Executors or Assigns, the Quantity of fifteen ounces five pennyweight of Plate aforesaid. To Gerrit van derPool, his Executors or Assigns, the quantity of fifteen ounces of Plate aforesaid. To Chpt Thomas Willet, his Executors & Assigns, the quantity of Eleven ounces two and a half pennyw’t of Plate afores’d. To the Widow of Abraham Brasier, dec’d, her Exec’r’s or Assigns, the Quantity of one hundred twenty two Ounces of Plate afores’d. To William Doughty, his Exec’r’s or Assigns, the quantity of ninety ounces of Plate afores’d. To William Lawrence, his Exec’rs or Assigns, the quantity of thirty Six ounces five pennyweight of Plate afores’d. To Jonathan Whitehead, his Executors and Assigns, the quantity of fifty Eight ounces fifteen pennyweight of Plate afores’d. To Altie ffoster, her Exec’rs & Assigns, the quantity of ÊEorty fivç ounces of Plate afores’d. To John Stevenson, his Exec’rs and Assigns, the quantity of twelve Ounces ten pennyw’t of Plate afores’d. To Joris Hanse, his Execr’s or Assigns, the quantity of Seven Ounces fifteen pennyweight of Plate afores’d. To Elizabeth Lawrence, Widow, her Exec’rs or Assigns, the quan- tity of fifteen Ounces of Plate afores’d. To Juriaen Nagel, his Exec’rs or assigns, the quantity of twenty five ounces seventeen and a half pennyweight of Plate afores’d. To Luvkas Stevenson, his Exec’rs or Assigns, the quantity of five Ounces five pennyw’t of Plate afores’dLAWS OF THE COLONY OF NEW YORK. 977 To Peter Jacobse, his Exec’rs or Assigns, for himself & for the use of the Children of John Hanse, dec’d, their & either of their Exec’rs or Assigns, the quantity of thirty Seven ounces twelve & a half penny weight of Plate afores’d, to be Equally divided amongst them. IT is also Enacted by the Authority afores’d, That the Treasurer of this Colony, for the time being, shall pay in Bills of Crédit made Current by this Act, unto the following Persons, their Exec’rs, Adm’rs or Assigns, the Several & respective quantities of Plate following, it being for Money advanc’d, & Sundry disbursem’ts, Pro- visions, Amunition fe materials, &c. deliver’d for the use of his Maj’es fforts of N : York & Albany, in the years Sixteen hundred eighty nine & ninety, & divers Services perform’d during the time of the late happy Révolution. To John Peterse Boss, his Exec’rs or Assigns, the quantity of five ounces seven & a half pennyw’t of Plate afores’d. To Albertus Ringo, his Exec’rs or Assigns, the quantity of twelve ounces ten pennyw’t of Plate afores’d. To David Provoost, Sen’r, his Exec’rs or Assigns, the quantity of Eleven Ounces of Plate afores’d. To Anna Jackson, Widow of William Jackson, dec’d, her Execr’s or Assigns, the quantity of Seventy eight Ounces five penny weight of plate aforesaid. To Nicholas Andrise, his Exec’rs or Assigns, the quantity of Nine- teen Ounces twelve & a half Pennyweight of plate aforesaid. To Abeltie Lespienard, his Exec’rs or Assigns, the quantity of thirty Nine Ounces Seven and a half penny weight of plate aforesaid. To Anna Tell, Sometime Widow of Joost Tell, Dece’d, her Exec’rs or assigns, the quantity of One hundred Ounces of plate aforesaid. To Phillip Wendell, his Exec’rs or assigns, the quantity of thirty Ounces ten pennyweight of Plate afores’d. To John Enwoutse, his Exec’rs or Assigns, the Quantity of Six- teen ounces Seven and a half pennyweight of plate aforesaid. To the Widow of Abraham Brasier, Dec’d, her Exec’rs or assigns, the quantity of Eighteen Ounces Seven and a half pennyweight of plate aforesaid. To Aeltie Moene, Widow, her Exec’rs or assigns, the quantity of fforty nine Ounces ten pennyweight of plate aforesaid. To Abraham and Johannes Van Deusen, their Exec’rs or Assigns the Quantity of thirty two Ounces fifteen pennyweight of plate aforesaid. 123ï>7« LAWS OF THE COLON Y OF NEW YORK. To Abraham Wendell, his Exec’rs or Assigns, the Quantity of fforty five Ounce.s Seventeen & A half pennyweight of plate aforesaid. To Andries Coemans, his Exec’rs or Assigns, the Quantity of Six Ounces ten pennyweight of plate aforesaid. To Andries Meyer, his Executors or assigns, the Quantity of thirty five Ounces fifteen pennyweight of plate aforesaid. To Edward Blagge, his Executors or Assigns, the Quantity of two Hundred Seventy three ounces Seven and A half pennyweight of plate aforesaid. To Mary Duyking, Widow, her Exec’rs or Assigns, the Quantity of thirty Seven Ounces ten pennyweight of plate Aforesaid. To Samuel Beeckman, his Exec’rs or Assigns, the Quantity of four Ounces seven and a half pennyweight of plate Aforesaid. To Abeltie Lespinard, her Exec’rs or Assigns, the Quantity of ten Ounces of Plate aforesaid. To Richard Edsall, his Exec’rs or Assigns, the Quantity of twenty Ounces of plate aforesaid. To George Elseworth, his ExecYs or Assigns, the Quantity of forty five Ounces Seventeen and a half pennyweight of plate Aforesaid, To the Executors or Administrais of Jan Nack, Deceased, or to their Assignes, the Quantity of fifty eight Ounces fifteen penny- weight of plate aforesaid. To Jean Rosie, his Exec’rs or Assigns, the Quantity of twenty Six Ounces five pennyweight of plate Aforesaid. To peter Mayer his Exec’rs or Assigns, the Quantity of Six Ounces Seven and a half pennyweight of plate Aforesaid. To Claes Luykasse, his Exec’rs or Assigns, for himself and for the use of the rest of the Children :>f Luycass Gerritse, Dec’d, their Exec’rs or Assigns, the Quantity of fforty Nine Ounces two and a half pennyweight of plate Aforesaid, to be Equally Divided Amongst them. To Albert Ryckman, his Exec’rs or Assigns, the Quantity of four Ounces five pennyweight of plate aforesaid. To John Vroman, his Exec’rs or Assigns, the Quantity of Eleven Ounces Seventeen and A half pennyweight of plate Aforesaid. To ffrans Pruyn, his Exec’rs or Assigns, the Quantity of twenty four Ounces fifteen pennyweight of plate aforesaid. To Hendrick Hanse, his Exec’rs or Assigns, for himself and for the use of ye rest of ye Children of Hanse Hendrickse, Dec’d, their Exec’rs or Assigns, the Quantity of Seventy three Ounces of plate aforesaid-LAWS OF THE COLONY OF NEW YOEK. 979 To Takel Dirkse, his Exeeutors or Assigns, the Quantity of thirty Eight Ounces twelve and a half pennyweight of Plate aforesaid. To Jan Casperse Halenbeeck Amd Catrin, ye Widow of peter Lassing, their or either of their Exec’rs or Assigns, the Quantity of fifty Ounces of Plate Aforesaid, to be Equally divided amongst tkem To Stephen Pockenhove, his Exec’rs or assigns, the Quantity of thirty Seven Ounces ten penny weight of plate aforesaid. To John ffoster, his Exec’rs or Assigns, for himself and for ye use of the daughters of Jacobus Cornelise, Dec’d, their Exec’rs, or assigns, the Quantity of Sixty Nine Ounces Fifteen pennyweight of plate Aforesaid., To Jacob Mauritse, his Exec’rs or Assigns, the Quantity of two hundred forty five Ounces twelve And a half pennyweight of plate Aforesaid. To Anna Cross her Exeeutors or Assigns, the Quantity of forty three Ounces five pennyweight of plate aforesaid. To Elias peltreau, 1rs Exec’rs or assigns, the quantity of fifty Six Ounces Seven and A half penny weight of plate aforesaid. To Nicolas Wyngart, his Exec’r’s or assigns, the Quantity of Seven Ounces ten pennyweight of plate Aforesaid. To ffrans Wynne, his Exec’r’s or Assigns, for himself and for ye use of the rest of the Children of his ffather Peter Wynne, Dec’d, their Exec’rs or Assigns, the Quantity of thirty Nine Ounces ten pennyweight of plate aforesaid, to be equally Divided Amongst them. To Johannes Van Ale, his Exec’rs or Assigns, the Quantity of five Ounces and five pennyweight of plate aforesaid. To Cornélius Langevelt, his Exeeutors or Assigns, the Quantity of thirty Eight Ounces five penny weight of plate aforesaid. To Daniel Toy, his Exec’rs or assigns, the quantfty of Thirty three Ounces twelve and a half pennyweight of plate aforesaid for sundrys, &c* To Neltie Lydecker, her Execrs or Assigns, the quantity of four Ounces ten penny weight of plate aforesaid. To Adrian Gerritse, his Exeeutors or assig for ye use of him- self and ye rest of the Children of Gerrit Cornelise, Dec’d, their Exeeutors or assigns, the quantity of twenty four Ounces and five pennyweight of plate aforesaid. To Jellis Funda, his Exeeutors or assigns, the Quantity of Nine Ounces & ten pennyweight of plate aforesaid. To Sarah Greveraet, widow, her Exeeutors or assigns, the Quantity of forty Seaven Ounces twelve pennyweight and a half of plate aforesaid.980 LAWS OF THE COLONY OF NEW YORK. To Thomas Swartwout, Bernardus Swartwout and Jacob Kip, their or either of their Executors or Assigns, for themselves and the rest of the Children of Roeloff Swartwout, Dec'd, and their Exec’rs and Assigns, the quantity of Sixty four Ounces ten pennyweight of plate aforesaid, to be Equally Divided Among them. To Catherina Yan Rollegum, her Executors or assigns, the Quan- tity of Nineteen Ounces and five pennyweight of plate aforesaid. To Belitie Ten Eyck, her Exec’rs or assigns, the quantity of twenty four ounces five pennyweight of plate aforesaid. To Daniel Toy, his Executors or assigns, the quantity of Eight ounces five pennyweight of plate aforesaid. To Abraham Governeur, his Executors or assigns, the Quantity of Eighty one Ounces fifteen pennyweight of plate aforesaid, in full Discharge of two Accounts brought in by him, the One Amounting to one hundred pounds for Service done by said Governeur in his Majesties ffort, As Clerk, Anno One Thousand Six hundred and Eighty Nïne And One thousand Six hundred and Ninety, in the time of ye late happy Révolution, the Other Account Amounting to One hundred & Sixty pound And Six Shillings, for Service Done by his predecessor Jacob Milburn, Dec’d, as a Commissioner for ye Expédi- tion Against Canada, And as Major of the fforces in Said Years. To Gerrit Viele ^nd the rest of the Children of hendrick Van Yeurden, Dece’d their respective Executors or assigns, each their equal proportion, being one third part of the Quantity of plate here- under Expressed, tha.t is to Say, To Gerrit Yiele one tliird part, To Elizabeth Yiele, Widow of Dr. Arnout Yiele, one third part, And to the Children of Cornelis Jacobse, Dece’d, one third part of three hundred and thirteen Ounces and five pennyweight of plate aforesaid. IT is also Enacted by the xiuthority Aforesaid, that the Treasurer of this Colony, for the time being, Shail pay in Bills of Crédit made Current by this Act, Unto the following persons, their Executors, Administrators or Assigns, the Several and respective quantitys of plate following, it being for the pay of Some Officers and Soldiers which Served and were Emploved in the Expédition against Canada, in the Year One Thousand Seven hundred and Nine, and for Divers horses lost, And Waggons broke \n the Said Expédition, vizt. To Johannes Whitebeeck, his Exec’rs or Assigns, the Quantity of twelve Ounces ten pennyweight of plate aforesaid. To Mathys Goes, his Executors or assigns, the quantity of twelve Ounces ten pennyweight of plate aforesaid. To Volkert Whitbeeck, his Executors or Assigns, the quantity of twelve ounces and ten pennyweight of plate aforesaid.LAWS OF THE COLONY OF NEW YORK. 981 To Jacob Meyer, his Executors or assigna, the quantity of Eight Ounces and ten pennyweigbt of plate aforesaid. To Herman Shunemans, his Exec’rs or Assigns, the quantity of thirty five Ounces of plate Aforesaid. To Capt phillip Schuyler, his Executors or Assigns, the quantity of fourteen Ounces two And a half pennyweight of plate aforesaid. To Johannes Willemse, his Executors or assigns, the quantity of five ounces twelve and a half pennyweight of plate aforesaid. To Peter Willemse, his Executors or assigns, the quantity of Seven Ounces ten pennyweight of plate aforesaid. To Mary’Bodyn, Widow, her Executors or Assigns, the quantity of seven Ounces of plate afores’d. To Volkert Symonse, his Executors or assigns, the quantity of two Ounces five pennyweight of plate aforesaid. To Andries Nack, his Executors or Assigns, the quantity of thirty one Ounces ten penny Weight of plate aforesaid. To Johannes Mayson, his Executors or assigns, the quantity of one Ounce and five pennyweight of plate aforesaid. To phillip Schuyler, Son of Arent Schuyler, Lieut his Exec’rs or assigns, the quantity of thirty Seven Ounces and A half of plate aforesaid. To David Schuyler, Lieut his Executors or assigns, the quantity of forty four Ounces of plate aforesaid. To Daniel Ketelyn, Leiut his Exec’rs or Assigns, the quantity of forty four ounces of plate afores’d. To John Dunbar, Leiut. his Executors or Assigns, the quantity of forty four ounces of plate afores’d. To John Holeron, his Executors or assigns, the quantity of Seven ounces ten pennyweight of plate aforesaid. To John Higbon, Junior, his Executors or Assigns, the quantity of Seven ounces ten pennyweight of plate aforesaid. To Jacobus Moll, his Exec’rs or assigns, the quantity of five Ounces twelve and a half pennyweight of plate aforesaid. To Evert Wyncoop, his Executors or Assigns, the Quantity of thirteen Ounces two and a half pennyweight of plate aforesaid. To Johannes TenBroek, his Exec’rs or assigns, the Quantity of twelve Ounces ten pennyweight of plate aforesaid. To Johannes Marston, his Exec’rs or assigns, the quantity of twelve ounces of plate aforesaid. To Peter D’Milt, his Executors or assigns, the Quantity of twenty Six Ounces five pennyweight of plate aforesaid. To Mathevs Ten Evck, his Executors or assigns, the Quantity of Six Ounces of plate aforesaid.982 LAWS OF THE COLON Y OF NEW YORK. To Jan Goes, his Executors or Assigns, the Quantity of twelve Ounces ten pennyweight of plate aforesaid. To Jan Tyse Goes, his Executors or assigns, the quantity of twelve Ounces and ten pennyweight of plate aforesaid. To Robert Livingston, now Mayor of Albany, his Executors or Assigns, the quantity of Nineteen Ounces two and a half penny- weight of plate aforesaid. To the Executors of Major Dirick Wessells, the quantity of three Ounces two and a half pennyweight of plate afore-said. To Hendrick Janse, his Exec’rs or Assigns, the quantity of four- teen ounces fifteen pennyweight of plate aforesaid. To Anna Garton, her Executors or Assigns, the quantity of Seven ounces ten pennyweight of plate aforesaid. To Charles Broadhead, his Executors or assigns, the quantity of twelve Ounces ten pennyweight of plate aforesaid. AND be it Enacted by the Authority aforesaid, That the Treasurer of this Colony, for the time being, shall pay in Bills of Crédit made Current by this Act, unto ye following persons, their Executors, Administrators or assigns, the Several and respective quantities of plate following, it being for fire-wood Delivered to the fforts of Newyork and Albany in the time of the late happy Révolution (towit), To John D’Groot, his Executor or assigns, the quantity of four Ounces Seventeen and a half pennyweight of Silver plate aforesaid. To William Hogen, his Executors or Assigns, the quantity of Seven Ounces Seventeen And a half pennyweight of plate aforesaid. To John Canon, his Exec’rs or assigns the quantity of forty Ounces fifteen pennyweight of Plate aforesaid. To Nicolas Rust, his Executors or assigns, the quantity of fifty Ounces of Plate aforesaid To Teunis Ydeson, his Executors or assigns, ye Quantity of thir- teen Ounces two and a half pennyweight of plate aforesaid. AND be it Enacted by the Authority aforesaid, That the Treasurer of this Colony for THE time being, Shall pay in Bills of Crédit made Current by this Act, Unto the following Persons, their Executors, Administrators or Assigns, the Several and respective quantities of Plate following, It being for their Service performed in an Expédition to Panapskutt, under the Command of Capt. John Cornelise, Anno One Thousand Six hundred and Ninety One, for the Service of this Government, To Daniel Remsen, his Executors or Assigns, the Quantity of Six Ounces and ten pennyweight of Plate aforesaid. To George Ryerse, his Executors or assigns, the Quantity of four Ounces and Seventeen and A half pennyweight of plate aforesaid.LAWS OF THE COLONY OF NEW YORK. 983 To Gerrit Onkelbagh, his Executors or assigns, the quantity of four Ounces Seventeen and A half pennyweight of plate aforesaid. To Jan Yan Der Veer, his Executors or Assigns, the Quantity of fifteen Ounces of plate aforesaid. AND WHEREAS in the Year of our Lord One Thousand Seaven Hundred and Twelve There was a Horrid and Bloody Conspiracy and Massacree Devised and Contrived by Great Numbers of The Negroe Slaves in the City of New York, against his Majesties Sub- jects of the said City In Conséquence and prosecution of which sev- eral of his Majesties aforesaid Subjects were Cruelly and Barbar- ously Murdered by Several of the Said Negroes, Nineteen whereof were Tryed, Condemned and Executed for that Bloody and horrid fact, by Virtue of an Act of General Assembly of this province, Intituled, an Act for preventing the Conspiracy of Slaves, passed in the Seventh year of the Reign of her Late Majesty Queen Anne, the Owners of which Said Nineteene Negroes hâve not Received the Satisfaction Intended by the Said Act, to be Given them, for Want of Some formalities which were Omitted by Reason of the General Disorder and Confusion which the Common Danger at that time occasioned. BE IT therefore Enacted by the Authority aforesaid, That the Treasurer of this Colony, for the time being, Shall pay in Bills of Crédit aforeSaid, to the Several persons hereafter Named, their Executors, Administrators or Assigns, the Several and Respective Quantities of plate following, That is to Say, To Rip Van Dam, Esq’r his Executors or Assigns, the Quantity of One hundred Ounces of Plate for Two Negroes, So as aforesaid Executed. To John Barbarie, Esq’r his Executors or Assigns, the Quantity of ffifty Ounces of Plate, for One Negro So as aforesaid Executed. To Walter Thong, his Exec’r’s or Assigns, the Quantity of ffifty Ounces of Plate, for One Negroe So as aforesaid Executed. To Allanc Jarroet, his Executors or assigns, the Quantity of ffifty Ounces of Plate, for One Negroe So as aforesaid Executed. To the Executors or Administrators of Adrian Hoogland, Deceased, the Quantity of ffifty Ounces of Plate, for One Negroe So as aforeSaid Executed. To Peter ffauconier, his Executors or Assigns, the Quantity of ffifty Ounces of plate, for One Negroe So as aforeSaid Executed. To Nicolas Rosevelt, his Executors or assigns, the Quantity of fifty Ounces of plate, for One Negroe so as aforesaid To Abraham Provoost, his Executors or Assigns, the Quantity of ffifty Ounces of plate, for One Negroe So as aforesaid Executed.5184 LAWS OF ÏHE COLONY OF NEW YORK. To Isaac Governeur, his Executors or Assigns, the Quantity of fflfty Ounces of plate, for One Negroe So as aforeSaid Executed. To Peter Moryne, his Executors or Assigns, the Quantity of fflfty Ounces, of plate, for One Negroe So as aforeSaid Executed. To John De. Honeur, his Executors or Assigns, the Quantity of fflfty Ounces of plate for One Negroe, so as aforeSaid Executed. To Ruth Shepherd, her Executors or Assigns, the Quantity of fflfty ounces of plate for One Negroe So as aforeSaid. To Cornelia Norwood, her Executors or assigns, the Quantity of fflfty Ounces of plate, for One Negroe so as aforeSaid Executed. To John Cure, his Executors or Assigns, the Quantity of fflfty Ounces of plate, for One Negrof So as aforeSaid Executed. To Richard Ray, his Executors or assigns, the Quantity of fflfty Ounces of plate, for One Negroe, So as aforeSaid Executed. To David Lyell, his Executors or assigns, the Quantity of fflfty Ounces of plate, for One Negroe, So as aforeSaid, Executed. To Andrew Stuckey, his Executors or assigns, the Quantity of fflfty Ounces of plate, for One Negroe So as aforesaid Executed. AND To Guysbert Van InBurg, his Executors or Assigns, the quantity of fflfty Ounces of plate, for One Negroe So as aforeSaid Executed. AND BE IT further Enacted by the Authority aforeSaid, That the Treasurer of this Colony, for the time being, Shall pay in Bills of Crédit aforesaid, unto James Dixon, Esq’r Collector and Receiver General of this province of New York, the Quantity of Two Hun- dred and fflfty Ounces of plate, to be by him Applyed for the Repair- ing his Majesties Custome house in the City of New-York, for which he Shall Account to the Governour, Council and General Assembly, or either of them. AND WHEREAS the place which has been for many Years Last past Assigned and made Use of for the Secretaries Office of this Colony, In Which the Publick Records Originall Wills, and other papers and Writeing of Great Concern and Conséquence both to his Majesty and his Subjects of this Colony, is So Small and otherwise So Inconvénient, that his Excellencey the Governour has been pleased to Appropriate the Building over the ffort Gâte for that Service, Where in the Records and other papers Mentioned will be better preserved, and the Office more Conveniently kept, To the end therefore that the Said Buildings may be fitted up and made Com- modious for the purpose afore Mentioned, BE IT ENACTED by the Authority aforesaid, That the Treasurer of this Colony for the time being, Shall pay in Bills of Crédit afore-LAWS OF THE COLONY OF NEW YORK. 985 said, unto George Clarke, Esq’r Secretary of this province, or his Aasigns, the Quantity of Three hundred Ounces of plate aforesaid, to be by him Applyed in Materials and WorkmanSliip for the àtting up the Said Building for the Use aforeSaid, for which he Shall Account to the Governour, Council and General Assembly, or either of them. AND BE IT further Enacted by the Authority aforesaid, That the Treasurer of this Colony for the time being, Shall pay in Bills of Crédit aforeSaid, unto the following persons, their Executors, Admin- istrators or Assigns, the Several ai*d respective Quantifies of ^late following, That is to Say, To Rip Van Dam, Esq’r his Executors, Administra tors or Assigns, the Quantity of Two Hundred Twenty ffour Ounces and ffive penny Weight of plate aforeSaid, for Sundry Services performed by him for this Government To George Clarke, Esq’r his Executors, Administrators or A ssigns, the Quantity of Three Hundred Sixty Two Ounces and Ten penney Weight of plate aforeSaid, being for Sundry Services performed by him for this Government, and in full Discharge of a Warrant Drawn by the Lord Cornbury, Dated the Thirtieth of September, One Thou- sand Seaven hundred and Eight, for the Sum of Seven pounds Ten Shillings. To Robert Walter, Esq’r his Executors, Administrators or Assigns, the quantity of One hundred Thirteen Ounces and Seventeen penny- Weight and an halfe of Plate aforesaid, being for Sundry Services performed by him for the Government, And in full Discharge of a Warrant Drawn by the Lord Cornbury, Dated the Third Day of August One Thousand Seaven Hundred And Three, for the Sum of Nine pounds ffourteen Shillings To Adolph Phillipse, Esq’r his Executors, Administrators or assigns, the Quantity of Eight hundred and Sixty Ounces and Ten penny Weight of plate aforesaid, being for Sundry Services per- formed by his late father ffrederick Phillipse, Deceased, for this Government. To John Johnson, Esq’r his Executors, Administrators or Assigns, the Quantity of Sixty two Ounces and five pennyweight of plate aforesaid, for Sundry Services performed by him on the Expédition against Canada. To Georse Clarke, Esq’r his Executors, Administrators or Assigns, the Quantity of Seventv ffive Ounces of plate aforesaid, for Ingrose- 124986 LAWS OF THE COLONY OF NEW YORK. in g this Act on Parchment, and a Duplicate thereof to be Transmitted to Great Britain, To John Barberie, Esq’r his Executors, Administrators or Assigns, the Quantity of Eighty Six Ounces Ten penny Weight of plate aforeSaid, for Sundry Services perform’d by him for this Government. To Coll Abraham DePeyster, his Executors, Administrators or Assigns, the Quantity of ffour Hundred ffifty Two Ounces and an halfe of Plate >aforeSa.id, in full Discharge of Six Warrants Drawn by John Nanfan, Esq’r formerly Lieutenant Governour of this pro- vince, Dated the Tenth Day of November, One thousand Seven Hun- dred and One, payable to the Right honble the Countess of Bellomont, and by her Indorsed to the Said Coll D’Peyster, Amounting in the Whole to Two hundred Seventy Two pounds Thirteen Shillings and Nine pence Sterling, at the rate of One Hundred Thirty Three pounds New York Money for One hundred pounds Sterling. To Adolph Phillipse, Esq’r his Executors, Administrators or Assigns, the Quantity of Twenty ffive Ounces of Plate aforesaid, for the Hire of the Brigantine Frederick on a Cruiss to Sandy Hook in the Yeare One Thousand Seven Hundred and ffour. To George Clarke, Esq’r his Executors, Administrators or Assigns, the Quantity of one Hundred Ounces of plate aforeSaid. AND be it Enacted by the Authority aforeSaid, That the Treas- urer of this Colony, for the finie being, Shall pay in Bills of Crédit aforesaid, to the Several persons Incerted in A List, Signed by the Speaker of the Assembly, and Lodged with the Treasurer aforeSaid, Nine Hundred and Seventeen Ounces twelve penny Weight and a half of plate aforeSaid, to be paid in such propor- tion as is Ascertained in the Said List, To Each of the persons therein Named, their Executors, Adminstrators or assigns, or nearest Relation, as is mentioned in this Act, being for Services performed by them for the Government, And who were Directed to be paid by the Act passed in the Thirteenth Year of Queen Anne aforéSaid, But Did not Corne within the time Limited, by the Said Act, for the Receiveing of the Same, which was Occa- sioned by the Remotness of Some of the Said persons. habita- tions from the Treasury of this Colony, As also beeause Several of them Dying Intestate, And no persons taking out Letters of Administration on their Goods and Chattles, the Sums they were to Receive being not Suflûcient to Defray the Charges of Such Administration, The Said Money Remained in the Treasurers hands, and was otherways Disposed off.LAWS OF THE COLONY OF NEW YORK. 987 AND be it further Enaeted by the Authority Aforesaid, That the Quantity of Four hundred thirty two Ounees and ten penny- weight of plate aforesaid, in Bills of Crédit, be Paid by the Treas- urer of this Colony To Wm Bradford, his Executors or assigns, for printing the said Bills of Crédit aforesaid, made Ourrent by this Act, and for to Defray the Charges of Cutting & Ingraving the Stamp, And for Books and paper, &c. Delivered for the use of the publick. AND WHEREAS Several of the persons appointed to be paid by this Act Are to receive but Small Quantifies of plate aforesaid, and it may So happen that Several of the said i>ersons may Départ this life before they hâve received of the Treasurer of this Colony ye Quantitys of plate due to* them, And by this Act Directed to be paid, And may not hâve made a Last Will or Testa- ment, by which means the Said plate may be in the Treasurers liands, BE IT THEREFORE ENACTED by the GO'VERNOUR, Council & General Assembly, And it is hereby Enaeted by the Authority of the Same, That if any of the persons who by this Act are Directed to receive the Quantity of twenty five Ounees of plate, or any Smaller Quantity of plate than twenty five Ounees, shall Départ this life before they hâve received of the Treasurer aforesaid, the said Twenty five Ounees or Smaller quantity of plate, and shall not hâve made his or her Last Will or Testament, That in Such Case the Said twenty five Ounees or lesser Quantity of plate aforesaid, Directed by this Act to be paid, Shall by the Treasurer aforesaid be paid unto ye WTidow of Such Deceased person, And in Case the person So Dying had no Wife, That then Such plate shall, by the Treasurer aforesaid, be paid to such person or persons as by two Justices of ye peace of the Neiglibour- hood of Such person or persons, Shall be Certified to the Treas- urer to be nearest related to the person Deceased who had Such twenty five Ounees, or Smaller Quantity of plate, due to him or her, Any thing in this Act, or any other Act to the Contrary in any wise Notwithstanding. AND WHEREAS after the Several Quantifies of Plate afore- said Shall be by the Treasurer aforesaid, paid According to the Direction of this Act, there will remain in his hands the Quantity of Three Thousand Seven hundred and Fifty ounees of Plate, being Deposited there for payinent of Ambrose Phillipse, Esq’r the Agent of this Colony, or the Agent of this Colony for the time988 LAWS OF THE COLONY OF NEW YORK. being, And for Running the Partition lines between this Coiony & the Colonys of Connetticutt & New Jersey, And for answering any Exigent of this Coiony. BE IT THEREFORE Enacted by the Authority afores’d That the Treasurer of this Coiony Shall as soon as conveniently may be, Remitt to Ambrose Phillipse, Esq’r afores’d, the Quantity of ffive hundred Ounces of Plate, part of the Plate afores’d. And be it Enacted by the Authority afores’d; That Abraham D’Peyster, Esq’r the now Treasurer of this Coiony, or the Treas- urer of this Coiony for the time being, Shall & may with part of the Plate afores’d, left in his hand pay unto himself the quantity of two ounces & a half of Plate afores’d, for every hundred ounces of s’d Plate by the said Treasurer, for the time being, paid accord- in g to the Direc’cons of this Act, which s’d quantity of two & a half ounces of Plate afores’d, is hereby given unto the s’d Treas- urer as a Reward & Salary for Gollecting, paying, Sinking & destroying the s’d Bills, & for doing & performing Every thing by this Act required of him to be done, AND Be it further Enacted by the Authority aforesaid, That the Quantity of Seven hundred and fifty Ounces, part of the aforesaid Plate left in the Treasurers hands, shall be Applyed to defray that part of the Charge of Running, Surveying and Ascertaining the Partition Line Limitt and Boundary betweene this Coiony and the Coiony of New Jersey, which may be requisite for this Coiony to pay, to be Issued by Warrant under the hand and Seal of the Governour of this Province, for the time being, by and with the Advice and Consent of his Majesties Council in such parts & proportions as shall be requisite for that Service, when the Survey Ascertaineing and Running of the said Line Limitt and Boundary, shall be began and Carryed on by the mutuall Consent and Agreement of his Excellency & Councill of this Province, and the Proprietors of the Soil of the said Province of New Jersey, And the Sum of Seven hundred and fflfty Ounces, part of the aforesaid plate left in the Treasurers hands, to be Issued as aforesaid to Defray that part of the Charge of Running the Partition Line Limitt and Boundary Between this Coiony and the Coiony of Connecticut, which will be Requisite for this Coiony to pay, when the Survey Ascertaine- ing and Running of the said Line Limitt and Boundary, shall be begun' and Carryed on by the mutual Consent and Agreement of his said Excellency and Councill, and the Governour and Council of the said Province of Connecticut, Which Lines being RunLAWS OF THE COLONY OF NEW YORK. 989 Ascertained and Agreed on by the Surveyors and Commissioners of each Colony, as aforesaid, shall for ever thereafter be Deemed, taken be and remain as the partition Line Limitt and Boundary of this Colony, And ail bodys Corporate and Politick, and ail other persons whatsoever within this Province, shall be for ever Con- cluded thereby. AND Be it further Enacted by the Authority aforesaid, that the residue of the said Plate not particularly Disposed of by this Act, shall remain in the hands of the said Treasurer to Answer any Sudden Exigencey of this Colony, to be Issued in such manner and in such quantifies- as shall be Directed in and by an Act or Acts of General Assembly of this Province for that pur- pose to be made, and not otherwise. And be it Enacted by the Authority afores’d, That the Treas- urer of this Colony, for the time being, shall pay in the Bills of Crédit made current by this Act, unto each of the Persons here- after named, the Several quantifies of Plate hereafter Expressed, vizt. To William Nicoll, Esq’r his Exec’rs or Assigns, the quantity of three hundred Seventy five ounces of Plate afores’d, for his service in Gen’ll Assembly of this Colony. To Andries Coyeman, Esq’r his Exec’rs or Assigns, for his Service as afores’d, the quantity of one hundred eighty three ounces fifteen pennyw’t of Plate afores’d. To Carel Hansen, Esq’r his Exec’rs or assigns, for his Service as afores’d, the quantity of one hundred eighty three ounces & fifteen pennyw’t of Plate aforesd. To Johannes Cuyler, his Exec’rs or assigns, for his Service as afores’d, the quantity of one hundred eighty three ounces fifteen pennyw’t of Plate afores’d. To Robert Livingston, Esq’r his Exec’rs or assigns, for his Ser- vice as afores’d, the Quantity of two hundred & two ounces & ten pennyw’t of Plate afores’d. To Abraham Gasbeeck, Esq’r his Exec’rs or Assigns, for his Service as afores’d, the quantity of one hundred & thirty Six ounces & five pennyw’t of Plate afores’d. To Jacob Rutsen, Esq’r his Exec’rs or assigns, for his Service as afores’d, the quantity of one hundred & Eighty three ounces & fifteen pennyw’t of Plate aforesaid. To Leonard Lewis, Esq’r his Exec’rs or assigns, for his Service as afores’d, the quantity of one hundred and Eighty three ounces & Fifteen pennyw’t of Plate afores’d.990 LAWS OF THE COLONY OF NEW YORK. To Johannes Terbosh, Esq’r his Exec’rs or assigns, for his Ser- vice as afores’d, the quantity of one hundred & forty Six ounces And five pennyw’t of Plate afores’d. To Cornélius Cuyper, Esq’r his Exec’rs or Assigns, for his Ser- vice as afores’d, the quantity of two hundred & seventy five ounces of Plate afores’d. To Peter Herring, Esq’r his Execr’s or Assigns, for his Service as afores’d, the quantity of two hundred & Seventy five ounces of Plate afores’d. To Abraham Lakerman, his Exec’rs or Assigns, for his Service as afores’d, the quantity of two hundred Seventy five ounces of Plate afores’d. To John Stillwell, Esq’r his Exec’rs or Assigns, for his Service as afores’d, the Quantity of two hundred & Seventy five ounces of Plate afores’d. To Lewis .Morris, Esq’r his Exec’rs or assigns, for his Service à s afores’d, the quantity of two hundred & Seventy five ounces of Plate afores’d. To Joseph Bud, Esq’r his Exec’rs or assigns, for his Service as afores’d, the quantity of two hundred & Seventy five Ounces of Plate afores’d. To William Willet, Esq’r his Exec’rs or assigns, for his Service as afores’d, the Quantity of two hundred & Seventy five ounces of Plate afores’d. To Thomas Willet, Esq’r his Exec’rs or assigns, for his Service as afores’d, the Quantity of two hundred and Seventy five ounces afores’d. To Isaack Hicks, Esq’r his Exec’rs or Assigns, for his Service as afores’d, the quantity of two hundred & Seventy five ounces of Plate afores’d. To Sam’ll Gerritse, Esq’r his Exec’rs or Assigns, for his Service as afores’d, the quantity of two hundred Seventy five ounces of Plate afores’d. To Cornelis Sebring, Esq’r his Exec’rs or Assigns, for his Ser- vice as afores’d, the quantity of two hundred and Seventy five ounces of Plate afores’d, To Gerrit Van Hoorn, Esq’r his Exec’rs or Assigns, for his Ser- vice as afores’d, the Quantity of two hundred & fifty Ounces of Plate afores’d. To Jacob Kip, Esq’r his Exec’rs or assigns, for his Service as aiores’d, the Quantity of two hundred & fifty Ounces of Plate aïores’d.LAWS OF THE COLONY OF NEW YORK. 991 To Johannes Jansen, Esq’r, his Exec’rs or assigns, for his Ser- vice as afores’d, the Quantity of two hundred and fifty Ounces of Plate afores’d. To David Provoost, Esq’r his Exec’rs or Assigns, for his Service a- afores’d, the Quantity of two hundred & fifty ounces of Plate afores’d. To Hendrick Hansen, Esq’r his Exec’rs or Assigns, for his Ser- vice as afores’d, the Quantity of one hundred & Eighty three ounces & fifteen pennyw’t of Plate afores’d. [CHAPTER 348.] [Chapter 348, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 173. Printed in full in Baskett, p. 280. Expired, December 23, 1720.] An Act to Prohibit the Exportation of Raw Hides from this Colony. [Passed, December 23, 1717.] WHEREAS the Exportation of Raw Hides from this Colony to Holland, and to the Neighbouring Plantations, is, by Expérience, found to be very hurtful to the Inhabitants of this Colony, for preventing of which for the future, BE it Enacted by the Gouvernour, Council and General Assem- bly, and by the authority of the same, That no Ox, Bull, Cow or Steer Hide or Skin, Raw & untann’d, be Exported from this Colony in any Ship, Sloop, Boat, Scow, Canoë, Float, Raft, or any other Vessel whatsoever, or in any Clart, Waggon, Wain, Sied, or any other Carriage Whatsoever, or upon any Horse or other Beast, or by any Person, under the penalty of Forfeiting Twenty Shillings for every Hide so Exported, Contrary to the true Intent & meaning of this Act, to be recovered before any Justice of the Peace of this Colony, by any Person who will sue & Inform for the Same, the one half to the Use of his Ma’ty, his Heirs and Successors, the other half to the Persons Informing of the Same, in which Case the Oath of the Said Informer, or of any other Person, shall be Sufificient Evi- dence to Convict the Owner or Exporter of such Hide or Hides, and Accordingly Subject him or them to the Forfeiture of Twenty Shillings, above mentioned, for each Hide as aforesaid, so Exported, to be Levied upon his or their Goods & Chattles, by Warrant from any of the said Justices of the Peace before whom992 LAWS OF THE COLONY OF NEW YORK. any such Information is brought, directed to the High-Sheriff of the City and County, High-Sheriff of the County or Constable of the Town, Ward or precinct, in which the said Justice Doth Inhabit, who is hereby Authorized, Directed and required to put the same in Execution; and in Case the Said Goods and Chattles are Not in Six Dayes redeem’d, by paying the said Forfeiture, and the Additional Sum of two Shillings on each pound value for- feited, to be paid to the Officer Executing the Warr’t aforesaid, that then the said Goods & Chattles be Expos’d to publick Sale to the Highest Bidder, & the Forfeiture and Charges paid, as aforesaid, & the Overplus, if any be, returned to the Owner or Exporter of the said Hide or Hides from whom the said Goods & Chattles were taken. Provided nevertheless, and ’tis hereby further Enacted, That this Act no’r any part thereof shall be Con- strued to Debar Merchant or other person from Exporting any such Raw hides, as aforesaid, from this Colony to the Kingdom of Great Brittain, nor to debar any Master of any Ship or Yessel from taking on Board and Exporting two Raw Hides for the necessary use of his said Yessel, any thing herein eontained to the contrary in any wise Notwithstanding. This Act to be and remain in force for three Years, and no longer, and to Commence from the Publication thereof. [CHAPTERT 349.] [Chapter 349, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 280.] An Act to Invest the Property of a Cer- taine Dwelling House & Ground thereunto belonging in the City of New York In Daniel & Christopher the Sons of Daniel Robert Dec’ed. [Passed, December 23, 1717.] WHEREAS Daniel Robert of the Said City Dec’ed by his last Will & Testament bearing Date the Sixth Day of December in the Seventh Year of the Reigne of her Late Majesty Queen Ann of Glorious Memory Did (Amongst other things) Give and bequeath unto his Said Son Daniel The Sume of Three hundred Pounds Current money of New York & did also Give & bequeath unto his Said Son Christopher Two hundred pounds of like Money, whicb Respective Sums he did thereby order his Executors toLAWS OF THE COLONY OF NEW YORK. 993 pay to each of them when they should Respectively come to Age or be Married, & the Same in the Intérim should be put on Interest, & the Income thereof Given to his Wife Susannah, during She should reniaine his Widdow for the Maintaining his Said Sons, untill they should come of Age as aforesaid, Giving ali the rest of his Estâte to his Said Wife Susanna & Did thereby Nominate & appoint John Barberie Esqr. Benjamine Fanevill & his Said Wife Susanna or the Survivor or Survivors of them to be Executors of his Said last Will & Tutors to his Said Sons untill they should come of Age or be Married As by the Said Last Will & Testament Relation being thereunto had may more at Large appear & the Said Daniel Robert soone after Departed this Life, Leaving behinde him his Said Sons Daniel & Christopher Infants under Age after whose Death the Said Benjamin Fanevill & Susanna proved the Said Will & took upon them the Burthen & Execution thereof, the Said John Barberie Renouncing the Said Executorship & refusing to ACT therein The Said Susanna for the Interest of the Said Infants Daniel & Christopher purchased with Some of their Legacies aforeSaid a Certaine Dwelling Hou se Messauge or Tenement and Lott of Ground thereunto belonging within the Said City of New York. Which fronts Northerly to Rings Street bounded Easterly to Peter Baunt and Southerly to Angenite Adolph with ail the Appurtenances thereunto belong- ing and before the Deeds for the Said Dwelling House were Exe- cuted Married with One Thomas La Roche in whose name the Deeds for the Said Dwelling House were made who is Since Dead AND WHEREAS the Said Thomas LaRoach in his life tbue after his Inter marriage w’th ye said Susannah for Secureing the portions of ye Said Children and for their Maintenance untill the Same should Become payable by a certaine Instrument in Writing under his Hand and Seale bearing Date the Twenty Eighth Day of August in the Yeare of our Lord one thousand Seaven hundred and fourteen Did Exécuté a Warrant of Attor- ney for Entring a judgment in the Supream Court of this Province at the City of New York as of the then next September Terme at the Suite of the aforesaid Benjamin ffanevill One of ye Executors as aforeSaid for the Sume of One Thousand Pounds Currant money of New York besides Cost of Suite which Judgment was Accordingly Confessed and Entred upon Record in the Said Court And by a Certaine Other Deed or Instrument in Writeing (beare- 125994 LAWS OF THE COLONY OF NEW YORK. ing the Same Date with the Said Warrant of Attorney) made and Executed between the Said Benj amen ffanevill and the Said Thomas La Roach and Susannah his Wife the Said Judgment is Declared to be for the Sole Use Benefit and Intrest of the afore- said Children Daniel Robert and Christopher Robert and for Secureing their Portions as aforeSaid as by the Said Severall Instruments and Judgment relation being thereunto had may more fully and at Large Appeare. AND WHEREAS the Said Thomas La Roach at the time of his Decease Did not leave any Visible Esta te behind him other than the aforesaid Dwelling house and Ground thereunto belong- ing purchased in his Name for the use of the Said Children as abovesaid. AND WHERAS the Said Susanna by her Pétition to the General Assembly hath set forth, that Shee is advised the Said Dwelling House will Devolve on the Heirs of the Said La Roche & the said Infants will be intirely Distitute & Defeated of some part of their Legacies Therefore humbly prayed a Bill might pass to Enable the Said Daniel & Christopher Jointly or the Survivor of them to Enjoy or Dispose of the same when they Shall arrive at the Age of Twenty one Years. BE IT therefore Enaeted by the Governour Councill & General Assembly and by the Authority of the Same To the Intent the Said Legacies may be ascertain’d & the better Secured to the Legatees according to the True Intent and meaning of the Said Last Will it Shall & may be Lawfull for the Said Daniel & Christopher & their Heirs & Assignes Respectively To hâve hold Occupy posses & enjoy the Said Dwelling House & ail & Singular the premises thereunto belonging as Tennants in Common & to Sell & Convey the Said Dwelling House with the Appurtenances to any Person or Persons whatsoever when they Shall Arrive at the Age of Twenty one Years And the Said Daniel & Christopher their Heirs and Assignes are hereby fully Authorized & Impowered to Seal & Exécuté ail manner of Deeds & Instruments in Writing & to Act & Do ail Lawfull Act & Acts thing & things necessary for the Assuring & Confirming Such Sale as Shall or may at any time hereafter be made thereof, Which Deeds and Instruments of the Said Dwelling House and Appurten- ances thereunto beloning shall be good & Effectuall in the Law to ail Intents & purposes whatsoever, Saving to ail persons ail Lawfull Claims or Interest to the Said Dwelling House, Except the Heirs of the Said Thomas La Roache anv thing herein Contained to the Con- trary in any wise notwithstanding.LAWS OF THE COLONY OF NEW YORK. 995 PROVIDEO alwaies The Said Susanha Shall hâve & Receive the Rent Issue’s & proffits of the Said Dwelling House untill the* Said Daniel & Christopher Shall arive at the Age of Twenty One Years anything herein Contained to the Contrary in any wise notwithstanding. [CHAPTER 350.], [Chapter 350, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 280. Expired, December 1, 1724. See chapter 245.] An Act Reviving an Act entituled an Act Prohibiting ail Persons but John Parmiter and his Assigns to make Lamb-black during the Space of Five Years.. [Passed, December 23, 1717.] BE it Enacted by the Governour Council & General Assembly, and it is hereby Enacted by the Authority of the Same. That an Act entituled an Act prohibitingjall Persons but John Parmiter and his Assigns to make Lamb-black during the Space of five Years made in the Eleventh Year of the reign of Her late Ma’ty Queen Anne of Immortal Memory Expired by its owne Limitation shall be Revived & Continued from the first Day of December One thousand Seven hundred and Seventeen unto the first Day of December which will be in the Year of our Lord One thousand Seven hundred and Twenty four. [CHAPTER 351.] [Chapter 351, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 280.] An Act for the Further Enabling Thomas Whitehead to Sell & Dispose of Some part of the Lands Devised to him by his Father under the Limitation of a generall Intail. [Passed, December 23, 1717.] WHEREAS Thomas Whitehead son of Daniel Whitehead Esqr late of Jamaicca in Queens County Dec’ed hath by his Peti’con sett f orth that in an Act of the General Assembly of this Colony made in the Tenth Year of the late Queene Anne Intituled an Act to Enable Thomas Whitehead to Sell & Dispose of some part of the Lands Devised to him by his Father under the Limitation of a General Intail there is a Claus restricting him to Sell & Dispose of four hun- dred Acres of the Said Lands out of one or at most two Tracts or par- cells thereof & the said Lands lying in many parcells the said restric- tion has wholy prevented him from making the Disposition aforesaid996 LAWS OF THE COLONY OF NEW YORK. & thereby the true Intention of the said Act of Generall Assembly is frustrated. THEREFORE Be it Enacted by bis Excellency the Governour Council & General Assembly & by the Authority of the same that it shall & may be Lawfull for him the said Thomas Whitehead to Alien Sell & Dispose in lee Simple or otherwise out of any of the Said tracts or parcells of the said Devised Lands with the appartenances not Exce^ding the Quantity of four hundred Acres any thing in the said Recited Act to the Contrary hereof notwithstanding. THE SEVENTEENTH ASSEMBLY. Fifth Session. (Begun May 27,1718, 4 George I, Robert Hunter, Govemor.) [CHAPTER 352.] [Chapter 352, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 177; Baskett, p. 283. Itevived by chapter 473.] An Act to prevent small Stallions run- ing at large & to Geld ail Horses under the Size therein mentioned. [Passed, July 3, 1718.] WHEREAS a breed of Horses whether for the Saddle or the Draft will be of great benefit to the Inhabitants of this Golony & which cannot be Obtain’d while Stallions of Small Size are Suffered to run at large, in order therefore to prevent the same for the future & to procure a Strong & large breed of Horses. Be it Enacted by the Governour Council & General Assembly of this Colony & it is hereby Enacted by the Authority of the same, that it shall be Lawfull for any Person whatsoever to Geld any Stone Horse runing at large in any Grounds within this Province not inclos’d, being above Three Years old, & not being at the height of Fourteen hands to be meas- ured from the lowest part of the hoofe of the forefoot to the highest part of the wither; & each hand to containe four Inches English Measure, for which Gelding & curing upon Delivering the horse safe and sound to the owner, who is hereby required to receive the same, he shall pay or secure to be paid in Thirty Days unto the Gelder the Sum of Twenty Shillings, for Gelding & curing the said Horse & in Case the Owner shall refuse to pay or Secure the payment of the Sum of Twenty Shillings aforesaid unto the Person Gelding and Curing the said Horse that then & inn Such Case the Gelder shall take the said Horse to himself & put his owne Brand upon him, & use sell and Dispose of the Same as his Owne propper Goods & Chat-LAWS OF THE COLONY OF NEW YORK. 997 tles & in Case the Owner sue for the said Horse or Damages for Gelding the Same, the Gelder shall plead the General Issue & give this Act in Evidence & treble costs shall be allowed to the said Gelder. AND for preventing any Abuses that may be Committed Under Colour of takeing up and Gelding of Horses in Manner aforeSaid Be it further Enacted by the Authority aforeSaid that ail and every per- son or persons that Shall take up any Stone Horse or Horses Run- ning at Large as aforeSaid Under ye Size and Above ye Age before Mentioned Shall before he présumé to Cutt or Geld ye Same Carry Such Horse or Horses to the Next Justice of the peace of that County wherein Such Horse or Horses Shall be taken up and Such Horse or Horses Shall be then and there Measured in Manner afore- Said in the presence of such Justice of the peace and if Said Justice Shall Approve and Allow of Such horse or Horses to be above ye Age and Under the Size before mentioned that then Such Horse or Horses Shall and may be Gelt by Such Person or persons so taking up the Same in Manner aforesaid and if any person or persons (Except ye Rightfull Owner or Owners) Shall présumé to Geld any Stone Horse or Horses not ffirst having the Approbation and Allowance of Such Justice of ye Peace as aforesaid or Shall Geld any Horse or Horses above ye Size before mentioned Every Such person or per- sons Shall Suffer Imprisonment by the Space of One Month without Bayle or Mainprize, and fforfeit to ye Owner or Owners Treble the Yallue of Such Horse or Horses to be Appraised by three Indifferent persons of the Neighbourhood and to be Recovered by Action of Debt by Bill plaint or Information in any Court of Record within this province Wherein No Essoigne protection or Wager in Law or any More than One Imparlance Shall be Allowed. THIS ACT to Com- mence the fSfteenth Day of April next Ensueing and to be in fforce untill ye ffifteenth Day of Aprill in the Yeare of our Lord One thou- sand Seaven Hundred and Twenty Six^ [CHAPTER 353.] [Chapter 353, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradford, 1732 ed., p. 178; Baskett, p. 284.] An Act for an Allowance to the Repré- sentative of the Township of Schenactadie in the County of Albany. [Passed, July 3, 1718.] BE it Enacted by the Governour, Council and General Assembly & by the Authority of the same, That the Représentative of the998 LAWS OF THE COLONY OF NEW YORK. Township of Schenactadie shall be allowed for his Service and attendance in the General Assembly of this Province, Ten Shillings per Day, to Commence from the Fifteenth Day of May last, in the Year of our Lord, One thousand Seven hundred and Eighteen, and at no time to exceed eight Days for his comeing and Eight Days for his returning.| AND be it further Enacted by the Authority aforesaid, that his Wages & Allowance shall be levied, Assessed, raised, and paid, in such manner and form as is directed by an Act of the Second Year of Queene Anne, entituled, an Act for the better Explaining and more Effectuai putting in Execution, an Act of General Assembly, made in the third Year of the late King William and Queen Mary, entituled, an Act for defraying the Publick and necessary Charge thro’ out this Province, and for maintaining the Poor and preventing Vagabonds. [CHAPTER 354.] [Chapter 354, of Livingston & Smith and Yan Schaack, where the act is printed in full. Printed in full in Bradford, 1732 ed., p. 175; Baskett, p. 284.] An Act for granting to the Freeholders & Inhabitants of the Precincts of Catskill & Cox- hackey in ye County of Albany the privilège of Choosing Yearly a Supervisor. [Passed, July 3, 1718.] BE it Enacted by the Governour Council & General Assembly and by the Authority of the Same That it shall & may be Lawfull for the Inhabitants of the Precinct of Catskill & Coxhackey and ail of the Inhabitants dwelling to the Southward of Renslaerwick on the Westside of Hutchens River as far as the County of Albany Extends to Elect & Choose one Supervisor & that the Justice of the Peace for the Precinct aforesaid, shall & is hereby required to Issue his War- rant to the Constable of the said Precinct to give Warning to the Freeholders and Inhabitants in the said Precinct thereof to Assem- ble and meet at Such Convenient place as the Justice shall appoint, on the third Tuesday of August next, there to make Ckoice of and Elect one Supervisor, who shall Serve till the first Tuesday in April, then next following, and afterwards the Supervisor for the said Precinct to be Elected & Chosen Yearly and every Year in the Same Manner and forme as the other Supervisors are Elected & Chosen in the said County of Albany & Shall bave the same power, Authority, Office and Function & doe performe Exécuté & Serve in Conjunction withLAWS OF THE COLONY OF NEW YORK* 999 the rest of the Supervisors in the County aforesaid when Occasion shall require & be liable to the Same Pains & Penalties as the Super- visors of the Several & respective Counties within this Colony hâve, ought, or are Intended to hâve, do perforine & be liable to, by one Cer- taine Act of General Assembly passed in the Year of our Lord, one thousand seven hundred and three entituled an Act for the better Explaining & more Effectuai putting in Execution an Act made in the third Year of the late King William & Queen Mary of Glorious Memory entituled an Act for defraying the Publick and necessary Charge thro’out this Province and for maintaining the Poor and Preventing Vagabonds, Any thing to the Contrary hereof in any wise notwithstanding. [CHAPTER 355.] [Chapter 355, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 178. Printed in full in Baskett, p. 285. See chapter 274. Expired, July 3, 1722.] An Act for reviving & continuing an Act of General Assembly entituled an Act for Lycencing Hawkers & Pedlars within this Province. [Passed, July 3,1718.] WHEREAS the Act entituled an Act for Lycencing Hawkers & Pedlars within this Province is expired by its owne Limittation & the same having by Expérience, been found to be very bénéficiai. BE it therefore enacted by the Governour Council & General Assembly and by the Authority of the Same, That the said Act & every Arti- cle, Clause & thing therein Contain’d, by & is hereby, revivé & con- tinué to remaine in force, for & during the terme of Four Years, Excepting & reserving from the Penalties of the Act aforesaid, Jeremiah Smith of Queens County, who is hereby Lysenced to Trade as a Petty Chapman within Queens County only, any thing in the before recited Act to the Contrary notwithstanding. [CHAPTER 356.] [Chapter 356, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 285.] An Act for Naturalizing Nicolas Caron Abraham DeCasserez Tobias Boel Henricus Boel Jacob Pit Jan Pit and Samuel Richards. [Passed, July 3, 1718.] WHEREAS Nicolas Caron, Abraham de Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit and Samuel Ruchards hâve by Peti’con to the general Assembly of the Province of New York,1000 LAWS OF THE COLONY OF NEW YORK. desired that they might be Naturalized & become bis Maries Sub- jects, Be it Enacted by his Excellency tbe Governour Council and General Assembly and by tbe Autbority of tbe saine, Tbat tbe said Nicolas Caron, Abraham de Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit and Samuel Ricbards are bereby declared to be Naturalized, to ail Intents, Constructions and purposes whatsoever, and from bencefortb are, & at ail times bereafter sbal be, entituled, to bave and enjoy ail tbe Rigbts, Liberties, Priviledges & advantages wbicb bis Ma’ties Natural Borne Subjects in tbis Colony bave & enjoy, or of rigbt ougbt to bave and Enjoy, as fully to ail Intents Constructions and purposes wbatsoever, as if tbe said Nicolas Caron, Abrabam de Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit and Samuel Ricbards, bad been born witbin tbis his Ma’ties Province of New York. PROVIDED alwaies and it is bereby Enacted, Tbat tbe said Nicbolas Caron, Abrabam de Casserez, Tobias Boel, Hen- ricus Boel, Jacob Pit, Jan Pit and Samuel Ricbards sball take tbe Oatbs appointed by Law in Stead of tbe Oatbs of Allegiance and Supremacy, Subscribe tbe Test, and make repeat and Swear to, and Subscribe tbe abjuration Oatb, in any of bis Ma’ties Courts of Record witbin tbis Colony, wbicb said Courts are bereby Required, upon application to tbem made to administer tbe same & take Subscribions, and Cause tbe Names of tbe Person and Persons so Swearing and Sub- scribing to be entered upon Record in the said Court, for wbicb every one of tbe said Persons, is hereby required to pay tbe Sum of Six Shillings, Current money of New York to tbe Judge of tbe said Courts respectivelv, and tbree Shillings to tbe Clerk. And be it further Enacted by the autbority aforesaid, That if ail or any of tbe said Persons baving so Sworne & subscribed as aforesaid sball Demand a Certificate or Certificates of bis being entered upon Record in manner aforesaid, tbe said Court or Courts are hereby Directed and required to grant tbe same, under the hand of the Judge & Seal of tbe said Court in wbich the said Nicolas Caron, Abrabam de Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit and Samuel Richards or any of tbem, shall so Swear and Subscribe as aforesaid, Counter Signed by the Clerk of tbe said Court, for whicb Certificate the Person requiring tbe same sball pay over & above the Nine Shillings before mentioned, the sum of Six Shillings, one half to tbe Judge of the said Court or Courts, & the otber half to the Çlerk thereof, which said Certificate or Certificates, sball at ail times be a Sufficient proof of the Person or Persons being Naturalized by this Act, as if tbe Record aforesaid were Aetually produced by the said Nicolas Caron, Abraham Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit and Samuel Richards or any of them.LAWS OF THE COLONY OF NEW YORK. 1001 {CHAPTER 357.] [Chapter 357, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 178. Printed in full in Baskett, p. 286. See chapter 334. Continued by chapter 385.] An Act for the reviving an Act of General Assembly entituled an Act for the better Set- ling the Militia of this Province & making it more Usefull for the Secureity & Defence thereof.y [Passed, July 3, 1718.] BE it Enacted by the Governour Council and Assembly, and it is hereby Enacted by the Authority of the Same, That one Act of Gen- eral Assembly entituled an Act for the Setling-the Militia of this Province and makeing it more Usefull for the Security and Defence thereof made in the first Year of Her late Ma’tys reign, expired by its own Limittation, Shall & is hereby Enacted by the Authority aforesaid, to be of force from the Publication hereof, for and untill the first day of November, which Shall be in the year of our Lord, One thousand seven hundred & Twenty, and no Longer. [CHAPTER 358.] [Chapter 358, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Printed in full in Baskett, p. 286. Expired, July 3, 1723.] An Act for Establishing Pilotage. [Passed, July 3,1718.] WHEREAS his Excellency by the Advice of his Ma’tys Council hath granted a Warrant to Jacob Mauritz and William Kirten Severally and Jointly to be Pilots for the Port of New York to take under their care his Ma’tys Ships of War and ail other Ships and Ves- sels requiring a Pilot that shall corne into, and goe out of the said Port, at such rates & allowances as are particularly Expressed in the said Warrant, They the said Jacob Mauritz and William Kirten hav- ing entred into Bond witli Sufficient Sureties to keep an able Pilot 1261002 LAWS OF THE COLONY OF NEW YORK. residing at or near Sandy Point, provided with a Sufficient Boat, Tackle, and Furniture to be at ail times ready to goe on Board & Pilot any Ship or Yessel into the harbour of tbe Province of New York. To the Intent no unskilfull Person or Persons for Gain, may présumé to Pilot Ships and Yessels coming into, and goeing out of the said Port, and to prevent the Loss of any Ship or Yessel.bound to and from the said Port. BE it Enacted by his Excellency the Governour Council and Gen- eral’ Assembly and it is hereby Enacted by the Authority of the Same, That any Person or Persons whatsoever that are not Author- ized by the Governour of this Province for the time being, or that shall not be Deputed by such Person or Persons so authorized as af ore- said, that shall take upon him or them to Pilot any Ship or Yessel coming into or goeing out of the said Port, shall forfeit and pay the Sum of Three pounds Current money to be recovered before any Jus- tice of Peace in this Colony by any Person that will sue and prose- cute for the same, the one half to the Use of his Ma’ty his Heirs and Successors, to be paid to the Treasurer of this Colony for the time being to be apply’d towards the Support of this Government and the other half to the Person Informing and prosecuting the same as aforesaid in which the Oath of the said Informer, or any other Person, shall be Sufficient evidenee, To be Levied upon his or their Goods and Chattles, by Warrant from the Justice of Peace before whom Such Information shall be brought, Directed to the High Sherriff of the City or County, or Constable of the Town, Ward or Precinct, in which the said Justice shall Inhabit, who is hereby Authorized & Required to put the Same in Execution: The said Goods & Chattles to be expos’d to Sale to the Highest Bidder the forfeiture & reasonable CHARGES first Deducted the Overplus if any be, shall be returned to the Owner from whom the said Goods and Chattles were taken. FROYIDED always that it shall and may be Lawfull for any Per- son or Persons to take under his Care & Charges to pilot into or out of the said Port any Ship or Yessel as often & when some able and Sufficient Persons appointed as aforesaid for that purpose, Shall not be ready at Sandy Point aforesaid, and at the said Port of New York, to take on them the Charge of Piloting Such Ship or Yessel so requir- ing a Pilot, from time to time as Occasion shall happen. This Act to Continue for five Years & no longer.LAWS OF THE COLONY OF NEW YORK. 1003 [OHAPTER 359.] [Chapter 359, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 176; Baskett, p. 287. Eevived by chapter 472.] An Act for encouraging the returning of Nett Cattle & Sheep to their Owners. [Passed, July 3, 1718. WHEREAS Cattle & Sheep often stray from their Owners who not knowing where to flnd them, Seldome See or recover them. Be it therefore Enacted by his Excellency the Governour, Council & General Assembly & it is hereby Enacted by the Authority of the same, That any Persons or Persons finding, keeping or receiving any Nett-Cattle or Sheep in any of his Lands within Fence from and after the first day of December to the first Day of May in every Year that shall not be his Owne & shall not give an Account of their or every of their Natural & Artiflcial Marks & Colours to the Clerk of the Town or the next Justice of the Peace to or in the Precinct where such Person or Persons Shall Inhabit, that shall from time to time hâve any Stray’d Nett Cattle or Sheep in his or their Possession, within one mônth after such stray as aforesaid, Shall corne to his or their knowledge, Shall pay to the Owner of Such Strays as aforesaid, Twenty Shillings Current money of the Province of New York for every Nett Cattle & three Shillings Gurrent money aforesaid for every Sheep, so detained or Conceal’d to be recovered before any Justice of the Peace by any Person that will sue & prosecute for the same, in which Case the Oath of the Informer or any other Person shall be Sufficient Evidence to be Levied on his or their Goods & Chattles by Warrant from the Justice of the Peace before whom such Information Shall be brought, directed to the High Sheriff of the County or Con- stable of the Town or precinct in which the Said Offendor shall Inhabit, who is hereby Authorized & required to put the Same in Execution ; the said Goods & Chattles to be publickly exposed to sale to the highest bidder, the Forfeiture and reasonable Charges being Deducted, the Overplus if any be, shall be returned to the Owner from whome the said Goods & Chattles were taken. AND Bee it further Enacted by the Authority aforesaid That if after such Account given of the marks & Colours of such Nett Cattle and Sheep as afore-1004 LAWS OF THE COLONY OF NEW YORK. said To the Clerk of the Towü or the next Justice of the Peace as aforesaid the Owner or Owners of such Nett Cattle or Sheep shall not take Care of the saine Every such Owner or Owners shall pay to such person or persons who shall keep or maintame such Cattle or Sheep a reasonable Recompence for soe doeing from the time of such Notice To be Adjudged by any Justice of the Peace in the said county. And be it further Enacted by the Authority aforesaid, That the Owner of Such Strays as aforesaid, Shall pay to the Clerk of the Town who shall receive the Marks of any Stray, Nine pence for every Nett Cattle & four pence half penny for every Sheep. This Act to Con- tinue in fforce for and during the Terme of ffive Yeares from the Pub- lication hereof & noe longer. fCHAPTER 360.] [Chapter 360, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 174. Baskett, p. 288. See chapter 328. Further provided for by chapter 660.] An Act repealing that part of an Act entituled an Act for restraining the taking of Extravagant & Excesive Usury, whereby Interest was Reduced to Six per Cent per Annum. [Passed, July 3, 1718.] WHEREAS by an Act of the General Assembly of this province entituled an act for the restraining the takeing of Extravagant and Excessive Usury it was amongst other things Enacted that no person Whatsoever should after the publication of the said act take Directly or indirectly any greater use or interest than Six pounds Current money of this Province for the forbearance of one hundred pounds for a year, And so after that rate for a greater or Lesser Sum or for a Longer or shorter time for the Loan of any moneys wares Merchandize or any Commodities whatsoever, And the said act not having obtained the Ends thereby Designed BE IT THEREFORE ENACTED by his Excellency the Gover- nour Councill and General Assembly & it is hereby Enacted by the authority of the same That the before recited clause in the said act be and is hereby repealed.LAWS OF THE COLONY OF NEW YORK. 1005 AND Be it further Enacted b y the authority aforesaid That no person whatsoever shall after the publication of this act take Directly or indirectly any Gréa,ter use or interest than Eight pounds current money of this province for the forbearance of one hundred pounds for a year and so after that rate for a Greater or Lesser Sum or for a Longer or shorter time for the Loan of any money wares Merchandise or any Commoditys whatsoever Under the pains penal- ties forfeitures and Restrictions in the afore cited act Contained. THE SEVENTEENTH ASSEMBLY. Siæth Session. (Begun Sept. 24, 1718, 5 George I, Robert Hunter, Governor.) [CHAPTER 361.] [Chapter 361, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Baskett, p. 178, as having been passed in 1719. Title only is printed in Baskett, 'p. 291.] An Act to enable the Treasurer of this Colony to remit Ambrose Phillips Esq’r the Sum of One hundred Eighty Seven Ounces & one half of Plate for the Service of this Colony. [Passed October 16,1718.] BE it Enacted by the Governour Council & General Assembly & it is hereby Enacted by the Authority of the same, That the Treas- urer of this Colony, Do by the first Conveniency Remit to Ambrose Phillips Esq’r the Agent of this Colony the Sum of One hundred and Eighty Seven Ounces & a half of Plate for the Service of this Colony, out of the money left in his hands, by vertue of one Act of General Assembly of this Province, entituled, an Act for paying & Dis- eharging Several Debts due from this Colony to the Persons therein named and for raising and putting into the hands of the Treasurer of this Colony Several quantities of Plate io be apply’d to the Pub- lick & necessary Uses of this Colony and to make Bills of Crédit to the value of Fortv One thousand five hundred and Seventeen Ounces & a half of Plate for that purpose.1006 LAWS OF THE COLONY OF NEW YORK [CHAPTER 362.] [Chapter 362, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732, ed., p. 178, as hav- ing been passed in 1719. Title only is printed in Baskett, p. 289. The act was repealed by the King, except so far as the act revives ch. 310. .(For copy ot veto, see Doc. Rel. to Col. Hist., V., p. 529.)] An Act for reviving an Act of Oeneral Assembly Entituled an Act for the easier Par- tition of Lands in Joint Tennency or in Common and making the same more Usefull and effectuai for the purposes therein mentioned. [Passed, October 16, 1718.] BE it Enacted by the Governour Council and General Assembly and it is hereby Enacted by the Authority of the same that one Act of General Assembly, entituled an Act for the easier partition of Lands in Joint Tennency or in Comon passed in the Seventh Year of the Reign of her late Majesty Queen Anne now Expired by its owne Limittation shall be and is hereby Enacted by the Authority afore- said to be Revived & be in full force and to continue & be in full force for and untill the first day of November One Thousand Seven hundred and Twenty one. And for the better Setling Laying out and Improveing any Lands Tennements or Hereditam’ts held in Joint Tennency or in Comon. Be it further Enacted, & it is hereby further Enacted by the Authority aforesaid, That from & after the Publication hereof it shall & ma y be Lawfull to and for the Major part of any Number of Patentées or Assignées of full shares of Patentées, who hold any Lands, Tenne- ments or Hereditaments in Joint Tennency or in Comon by them- sélves their Guardians Agents or Attorneys thereunto Sufficiently Authorized, to enter into and make and Exécuté any Agreements in Writing under their Hands and Seals, for the Dividing & laying out any part or proportion of their Land so held as aforesaid & Equally and Impartially with respect to the Goodness of the Land, to Assign to each Person or Persons their Heirs and Assigns in whom the Right, Title and Interest of the said Lands are vested any part Share or proportion, not Exceeding two full third parts of his & their Just proportion & Share of the whole Tract or Tracts of Land according to his or her or their Right and Interest therein Respectively. To hold the same Share & proportion so laid out as aforesaid to them their Heirs & Assigns for ever Respectively and ail such Divisions Laying out & Assignments as aforesaid shall be Deemed held &LAWS OF THE COLONY OF NEW YORK. 1007 adjudged a Good Partition and Division in Law to ail Intents & pur- poses as if the same had been Divided and Laid out by Yirtue of any Writ of Partition in due Form of Law prosecuted, any thing to the Contrary thereof in any wise notwithstanding, which Parts, shares or Proportions of Lands so to be laid out or Divided, as aforesaid shall be drawn by Lott in the presence of Two or three Indifferent Persons to be Nominated by the Majority of the said Petentees or Assignées of full shares of Patentées. This Act to remain in Force during the Terme abovesaid. [CHAPTER 363.] [Chapter 363, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Title only is printed in Baskett, p. 291.] An Act for Paying the Quantity of Fifty three Ounces & one half of Plate unto Johannes Van Zant, & the quantity of Twelve Ounces & one half of Plate unto Willempie Uytden Bogart Widdow. [Passed, October 16, 1718.] WHERE AS it did appear to the General Assembly of this Colony, that there was due unto Johannes Van Zant the quantity of Fifty three Ounces & one half of Plate, & unto Willempie Uytden Bogart Widdow, the quantity of Twelve Ounces & one half of Plate, but by the neglect of the Transcriber of the Act entituled an Act for paying & Discharging several Debts due from this Colony to the Persons therein named, & for raising & putting into the hands of the Treas- urer of this Colony, Several quantities of Plate, to be apply’d to the Publick & necessary Uses of this Colony; & to make Bills of Crédit to the value of Forty one Thousand five hundred & Seventeen Ounces & one half of Plate, for that purpose, made in the fourth Year of his Ma’tys Reign, the names of the said Johannes Van Zandt, Willempie Uytden Bogart were not incerted in the said Act. Be it therefore Enacted by thie Governour, Council & General Assembly, & it is hereby Enacted by the Authority of the same, That the Treasurer of this Colony for the time being, doe pay out of the money Lodged in his hands by virtue of the Act aforesaid the quantity of Fifty three ounces & one half of Plate, or the value thereof in Bills of Crédit made Current by the said Act, unto Johannes Van Zant his Execu- tors or Assigns, & the quantity of Twelve ounces & one half of Plate, or the value thereof in Bills of Crédit made Current by the said Act, unto Willempie Uytden Bogart her Executors or Assigns any thing in the said Act to the Contrary notwithstanding.1008 LAWS OF THE COLONY OF NEW YORK, fCHAPTER 364.] [Chapter 364, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Printed in full in Baskett, p. 291.] An Act for Setling the Boundaries between the Lands Granted by Patent unto Cor- nélius Coel Adrian Gerritse Matthias Ten Eyck, Jacobus DuBois, Johannes Schipmoes, Roelof Swartwout Cornélius Lammerse, Peter Pieterse Lawrence Oosterhout & Jannetsie Newkirk scituate lying & being in the County of Ulster comonly called the Town of Hurley & the Lands Granted by Patent unto Coll Henry Beek- man, Capt Thomas Garton & Capt Charles Broadhead Trustées for & in the behalf of the Inhabitants of the Town of Marble Town in the County of Ulster aforesaid. [Passed, October 16, 1718.] For the final ending & for the preventing ail Disputes Strifes Quar- rels & contentions which now are or at any time or times hereafter may be had moved Commenced or prosecuted between the said Cor- nélius Coel, Adrian Gerritse, Matthias Ten Eyck, Jacobus DuBois, Johannes Schipmoes, Roelof Swartwout, Cornélius Lammerse Peter Pieterse Lawrence Oosterhout and Jannetse Newkirk their Heirs & Assigns of the one part and the Trustées of the Towne of Marble Town and their Successors & Assigns of the other part relating and concerning the respective Boundaries of the said Town of Marble Town in the County of Ulster and the Lands granted unto the said Cornélius Coel Adrian Gerriste Matthias Ten Eyck, Jacobus DuBois Johannes Schipmoes Roelof Swartwout Cornélius Lammerse Peter Pieterse Lawrence Oosterhout and Jannetse Newkirk comonly called the Town of Hurley in the County of Ulster which Lines or boundaries in the Patent Granted to the said Coll. Henry Beekman Capt Thomas Garton & Captain Charles Broadhead Trustées for and on the behalf of the Inhabitants of the Town of Marble Town in the County of Ulster and w’ch bears date the Twenty fifth day of June in the Year of our Lord One ^ thousand Seven hundred & three as far as relates to the matter in Question in the Words following (Vizt) ail that parcel of Land Lyeing & being in the County of Ulster afore- said & beginning at the Bounds Established and laid out by the Com-LAWS OF THE COLON Y OF NEW YORK. 1009 missioners appointed by Coll Lovelace Gov’r’ of our Said Province of New York in the year of cur Lord One thousand Six hundred & Sixty Nine between the Town of Marble Town and the Town of Hurley in the Said County of Ulster thence running SouthEast to the North West Bounds of the Paltz, As in and by the said Patent relation being thereunto had may more fully & at large appear & in the Patent Granted to the said Cornélius Coel, Adrian Gerritse Matthias Ten Eyck Jacobus Du Bois Johannes Schipmoes Roelof Swartwout Cornélius Lammerse Peter Pieterse Lawrence Oosterhout & Jannetse Newkirk their Heirs & Assigns comonly called the Patent of the Town of Hurley bearing Date the Nineteenth Day of October in the Year of our Lord One thousand Seven hundred and Eight in the words following vizt A certain Tract of Vacant Land in the County of Ulster begining at the South Corner of the Old house of Schipmoes being the bounds between Kings Town and Hurley due South untill it meets with the bounds of the New Paltz and so along the Said bounds untill it meets with the Northmost bounds of the said New Platz thence on a Streight Line till it meets with the House of John Joosten being nigh the Division Line of Marble Town and Hurley. As in and by the said Patent relation being thereunto had may more fully & at large appear. Now for the Establishing the bounds between the Trustées of Marble Town aforesaid and the aforesaid Cornélius Coel Adrian Gerritse Matthias Ten Eyck Jacobus DuBois Johannes Schipmoes Roelof Swartwout Cornélius Lammerse Peter Pieterse Lawrence Ousterhout and Jannetse Newkirk. Be it Enacted by his Excellency the Gov’r and Council and General Assem- bly and it is hereby Enacted by the Authority of the Same, That the Boundaries and Division Line between the Said Trustées of Marble Town in the County of Ulster their Successorg & Assigns and the Patent granted the Nineteenth Day of October in the Year of our Lord One thousand Seven hundred and Eight unto the said Cornélius Coel Adrian Gerritse Matthias Ten Eyck Jacobus DuBois Johannes Schipmoes, Roelof Swartwout Cornélius Lammerse Peter Pieterse Lawrence Oosterhout and Jannetse Newkirk their Heirs and Assigns shall from henceforth and for ever hereafter be & are hereby from henceforth and forever hereafter Established to be in manner following that is to sav, That the said Division Line between the Parties aforesaid shall begin at a Certaine place called the House of Jan Jooste in the County of Ulster aforesaid and now in the pos- session of Cornélius Elten at the Southermost part thereof and 1271010 LAWS OF THE COLON Y OF NEW YORK. thence run on a Straight Line to the Northerwest bounds of the new Platz aforesaid any thing in the said Patents or either of them con- tained to the contrary hereof in any ways notwithstanding Saveing unto ail and ail manner of Person and Persons Bodys Politick or Corporate their respective rights by Patent or otherwise to the Lands aforesaid and every part thereof any Law Usage or Custome to thç Contrary hereof in any wise notwithstanding. [CHAPTER 365.] [Chapter 365, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Printed in full in Baskett, p. 289. See chapters 292, 324.] An Act for the Explaining of certain Clauses in one Act of the General Assembly of this Colony entituled an Act for a Supply to be granted to His Ma’tie for the Supporting his Government in the Province of New Yorke and for Striking Bills of Crédit for that purpose Passed in the Year Seventeen Hundred & fifteen and for the Explaining certain Clauses in an Act of the General Assembly of this Colony made in the Year Seventeen hundred & Sixteen, entituled an Act to Oblige ail Vessels Trading into this Colony (Except such as are therein Excepted) to pay a certain Duty & for the fur- ther Explanation & making more Effectuai cer- tain Clauses in an Act by which a Duty is laid on ail Negroes & other Slaves Imported into this Colony. [Passed, October 16, 1718.] WHERE AS by an Act of the General Assembly of this Colony, entituled an Act for a supply to be granted to His Majestie for the Support of his Government in the Province of New York & for strik- ing Bills of Crédit for that purpose, it is among other things Enacted, that for every Pipe of Wine Imported into this Colony directly from the place of its Growth production or Manufacture, thereLAWS OF THE COLONY OF NEW YORK. 1011 should be paid the Quantity of Seven Ounces & a half of Plate, and for every Pipe of Wine Imported from any otker place, than that of its Growtli production or Manufacture, the Sum of Fifteen Ounces of Plate and so in proportion for a greater or Lesser Quantity And Whereas this may Seem to Subject Wines Brought directly from tbe Isle of Britain to the Duty of Fifteen Ounces of Plate for every Pipe of Wine so Imported and So in proportion for a greater or Smaller quantity. In order therefore to take away ail Doubts, Con- troversies and Disputes, that may arise upon the same for the future. Be it Enacted by the Governour Council and General Assembly & it is hereby Enacted by the Authority of the same, that every Pipe of Wine or greater or Smaller Quantity thereof & every Gallon of Rum or Brandy or other Distilied Liquors Imported Legally & directly from the Kingdom of great Britain into this Colony, shall pay no other nor greater Duty than if the said Wine, Rum, Brandy or other Distilied Liquors were Imported into this Province Directly from the place of its Growth, Production or Manufacture, and no greater or other Sum whatsoever any thing in the said Act or any other Act to the Contrary notwithstanding. AND WHEREAS on & by reason of certain Clauses in one Act of the General Assembly of this Colony, entituled an Act to Oblige ail Vessels Trading into this Colony Except such as are therein Excepted to pay a certain Duty, & for the further Explanation & rendring more Effectuai certain Clauses in an Act of General Assembly of this Colony, entituled an Act, by which a Duty if laid on Negroes and other Slaves Imported into this Colony there has some Disputes a.risen whether shipps wholly own’d by the Inhabitants of this Colony are lyable by the said Act To pay the Duty of Tonnage, to prevent therefore any Dispute or Controversy that may for the future arise on or Concerning the same. Be it Enacted by the Author- ity aforesaid that ships or other Vessels not built in this Colony tho wholly own’d by the Inhabitants of the same are & shall be liable to pay the said Duty of Tonnage Given & Granted by the said Act, & Ships & other Vessels wholly Owned by the Inhabitants of the King- dome of great Britain shall be & are hereby excepted from paying the said Duty any thing in the said Act or any other Act, to the con- trary hereof notwithstanding, and for the prévention of frauds that may be made Use of to Evade & Elude the Intention of this Act and prevent Ships or other Vessels from paying the Duty Given & Granted by the said Act, Be it Enacted by the Authority aforesaid, that it1012 LAWS OF THE COLONY OF NEW YORK. shall be Lawfull for the Ofificer appointed to Collect the said Huty of Tonnage to Examine the Master apon Oath, Mate, Purser or Super Cargoe of any Ship or Vessel in order to discover the true Owners of the said Ship or Yessel and place of their habitation & any Master, Mate Purser or Super cargo refusing to be Examined upoii Oath aforesaid, shall forfeit the Sum of Forty pounds Current Money of this Colony to be recovered and apply’d in the same manner as is directed Express’d Intended & prescribed in and bv an Act of Gen- eral Assembly of this Province,.made in the Thirteenth Year of her late Majesties Reign entituled an Act For Levying and paying the Several Huties therein mentioned for the Use of this Colony. And Whereas by a Clause in the Act aforesaid, entituled an Act to Oblige ail Yessels Trading into this Colony, Except as are therein Excepted, to pay a certain Duty and for the further Explanation and making more Effectuai certain Claims in an Act by which a Huty is Laid on ail Negroes and other Slaves Imported into this Colony, there is a Huty of Ten Ounces of Plate appointed to be paid for each Negroe Slave Imported into this Colony directly from Affrica in any Vessel not wholly own’d by the Inhabitants of this Colony, by vertue of which Act Negroes Imported in Vessels Own’d by the Inhabitants of Britain are liable to pay the Said Huty of Ten Ounces of Plate. Be it therefore Enacted by the Authority aforesaid that for every Negroe or other Slave Imported into this Colony directly from Affrica in Yessels wholly owned by the Inhabitants of great Britain, there shall be no other or greater Huty paid than is or shall be paid for each Negroe or other Slave Imported into this Colony in Yessels wholly owned by the Inhabitants of the same, any thing in the said Act or any other Act to the contrary hereof in any wise notwithstanding. Provided alwaies & it is hereby further Enacted by the Authority aforesaid, that This Act nor any part thereof shall be Construed to Extend to make any Ship or Yessel wholly own’d by the Inhabitants of this Colony, before the flrst Hav of September Seventeen hundred & Sixteen, liable to the Huty of Tonnage, but that every Such Ship or Vessel wholly own’d by the Inhabitants of this Colony, on or before the said flrst dav of September Seventeen hundred and Sixteen, is and Shall be Excepted & Hischarged from paying the said Huty any thing in this or any other Act to the contrary hereof in any wise notwithstanding.LAWS OF THE COLONY OF NEW YORK. 1013 THE SEVENTEENTH ASSEMBLY. Seventh Session. (Begun April 28, 1719, 5 George I, Robert Hunter, Goyernor.) [CHAPTER 366.] [Chapter 366, of Livingston & Smitli and Van Schaack, where the title oniy is printed. Title only is printed in Bradford, 1732 ed., p. 180. See chapter 303. Repealed by chapter 396.] An Act for a Supply to be Granted to bis Majestie for Supporting his Government in ye province of New York from the first day of July which Sha 1 be in ye year of our Lord One thou* sand Seven hundred and twenty until the first day of July one thousand seven hundred and twenty one. [Passed, June 24, 1719.] FOR the better defraying the publick and necessary Charges and Expences of this his Majesties Government BE IT ENACTED by the Governour Council & General Assembly and it is hereby Enacted by the Authority of the Same, That from and after the first day of July which shall be in the Year of our Lord One thousand Seven hundred and twenty there be Levyed Collected and paid the Several & respective Dutys and Customs hereafter Specifyed which are hereby given and Granted unto his Majestie his heirs and Successors for the Space and terme of one year then next ensuing and ending the first day of July, which Shall be in the year of our Lord one thousand Seven hundred and twenty one Yizt: For every pipe of Wine that Shall be imported into this Colony directly from the jdace of its Growth, production or manufacture the Sum of Seven ounces and a half of plate of the Spanish Coyns of Sevil Pillar or Mexico or the Value thereof in Lyon Dollars or half Dollars at thirteen penny Weight and eighteen Grains each Dollar or in Bills of Crédit made Currant in this Colony and So in proportion for ail greater & Smaller quantitys imported as aforesaid For every pipe of wine imported from any other place than that of its growth production or manufacture the Sum of fifteen ounces of plate aforesaid and So in proportion for a greater or Smaller quantity. For every Gallon of Rum, Brandy or other Distilled Liquors imported directly from the place of its production or manufacture the Sum of fifteen grains of plate afores’d.1014 LAWS OF THE COLONY OF NEW YORK. For every Gallon of Rum, Brandy or other Distill’d Liquors not directly imported from the place of its production or manufacture or imported in any Yessel winch lias Traded trafifiqued or broke bulk in any other port or place after the Same has been Loaden on board, her and before her Corning into this Colony the Sum of thirty Grains of plate aforesaid (Cases of Evident necessity only Excepted). For every hundred Weight of Cocoa imported directly from the place of its growth or from any Island part or place of the West indies one ounces of plate aforesaid. For every hundred weight of Cocoa not directly imported from the place of its growth or from any Island part or place of the West Indies two ounces of plate afores’d. For ail European Goods imported into this Colony from Boston twelve ounces and an half of like plate for every hundred pounds Value prime Cost and so in proportion for a Greater or Smaller quantity For ail European Goods imported into this Colony from any other of his Majesties plantations Eighteen ounces and three quarters of plate aforesaid for every hundred pounds Value prime Cost so imported and so in proportion for a greater or smaller quantity. For every Negro Imported directly from Africa five ounces of plate aforesaid and no greater or Other Sum whatsoever any former or other Law to the Contrary hereof in any wise notwitlistanding For every Negro or other Slave not imported directly from Africa the Sum of ten ounces of plate aforesaid Negroes or other Slaves belonging to the Navigation of any Ship Sloop or other Vessel and Slaves belonging to the Neighbouring Colonies going to and from one Colony to the other on the Service of their owners Masters or Mistresses and Negro or other Slaves under the âge of four years only Excepted And Whereas debates and Controversies may arise touching and Concerning the âge of Negro or other Slaves So imported be it Enacted by the Authority aforesaid that in Such Case the Negro or other Slave Shall be brought before any two of the Aldermen of the City of New York who Shall by inspection finally détermine whether the âge of the Said Negro or other Slave be under the âge of four years or not For the Tonnage of ail Vessels trading into or out of this Colony the Sum of Seven pennyweight and a half of plate aforesaid for each Ton and no greater or other sum whatsoever Coasting Sloops belonging to the Massachusets, Rhode Island Connecticut or New Jersey whilst their Navigation is to and from those parts, ShipsLAWS OF THE COLONY OF NEW YORK. 1015 directly from Great Britain, Skips and other Vessels built in this Colony and also Such Stops or other Vessels as were wholly owned by the Inkabitants thereof before the thirteenth day of Jrine One tlionsand Seven hundred and Sixteen and Such Vessels as hâve been freed from paying the Duty of Tonnage by act or acts of the General Assembly of this province only Excepted any Law to ye Contrary hereof notwithstanding. AND BE IT FURTHER ENACTED by the authority aforesaid That for the more elfectual Collecting the aforesaid Duties imposed by this Act on the Tonnage of Vessels and on Negroes in manner aforesaid the person or persons appointed or to be appointed for Collecting the Saine Shall be invested with ail and every the powers and autkoritys mentioned and Contained in an Act of the Gen’l Assembly of this Colony pass’d in the thirteenth Year of her late Majesties Reign Entituled an act for Levying and paying the Several Dutys therein mentioned for the use of this Colony And the said respective duties Shall be levyed Col- lected & paid under the Same pains penalties régulations restric- tions Conditions and forfeitures and in like manner and method as is prescribed and directed in and by the s’d Act any Law Custom or usage to the Contrary in any wise Notwithstanding. AND BE IT FURTHER ENACTED by ye Authority afores'd That for ail Bread and flower brought to his Majesties Beam and Weiglied there Shall be paid for Weighing the Same unto his Majestie his heirs and Successors the Sum of five grains of plate aforesaid for every hundred weight so Weighed and for every other thing Goods Wares and Merchandizes whatsoever brought t o his Majesties Beam and Weighed there shall be paid the Sum of ten grains of plate afores’d for every hundred Weight So weighed & So in proportion for a greater or Smaller quantity. AND BE IT ENACTED by the authority aforesaid That ail Cocoa whether imported or exported be brought to the beam aforesaid and Weighed And that there be paid unto his Majestie his heirs and Successors the Sum of thirty Grains of plate afore- said for every hundred Weight of Cocoa So weighed and So in proportion for any Greater quantity, AND BE IT FURTHER ENACTED by the Authority aforesaid That for the better and more regular Collecting and paying the Rates and Duties hereby given and Granted for the weighing the Cocoa before mentioned ail and every person and persons wlio Shall Export from or import into the City of New York any of the Said Cocoa of the Weight or quantity aforesaid without1016 LAWS OF THE COLONY OF NEW YORK. weigking the same at kis Majesties Beam and Answering and paying tlie Rates and Dutys aforesaid Skall forfeit and pay tke Sum of Ten Shillings for every kundred Weight So imported or exported as aforesaid Contrary to tke meaning of tkis act witkout weigking tke Same at kis Majesties Beam aforesaid to be recov- ered before any one of kis Majesties Justices of tke peace of tke said City one kalf to kis Majestie kis keirs and Successors and tke other kalf to kim wko Skall prosecute or Sue for tke Same. AND for the due and orderly Collecting tke rates and duties before imposed on Wine Rum Brandy or otker Distilled Liquors Cocoa and European Goods not brought directly from Europe & for preventing frauds & Imbezilments of tkose rates and Duties BE IT FURTHER ENACTED by tke autkority aforesaid tkat tke Master Mate or purser of ail and every Skip or Ships Yessel or Vessels that Skall corne into any Creek port or karbour witkin tkis province to trade or Traffique Skall repair and Corne to kis Majesties Custome house and there make report of ail such parcel or parcels of Goods Wares or merchandize as ke or tkey katk or hâve on Board kis or their Skip or Ships Yessel or Yessells and also Déclaré upon Oatk that he or they hâve not broke bulk Since his or their arrivai witkin this province and before he or they inade such report as aforesaid And ail and every Merchant and Merckants wko kave any goods Wares or Merchandize on Board any Such Ships or Yessels as aforesaid Skall at tke Said Custome house make a true and distinct Entry of ail and every Such parcel or parcels of Goods Wares or Merchandize as he or tkey kath or hâve on Board ail or any and every such Ship or Ships Yessel or Yessels as aforesaid And if any différence shall arise touching and Concerning the Yalue of European Goods not brought directly from Europe So Entered the Collector for the tirne being or his deputy is hereby authorized and required to administer an Oath to ail and every Such person or persons mak- ing Such Entry as aforesaid That tke said Entry is according to tke Invoice or Invoices Sent to him or thern from the place or places from wkence Such goods or merchandizes did corne And if the Collector or his Deputy shall not rest Satisfyed therewith tke Merchant or Merchants entring such European Goods Shall give proof upon oatk of tke Yalue o£ tke Same as near as may be ard pay the duties accordingly. AND BE IT FURTHER ENACTED by the autkority aforesaid that if any Master or purser of any Ship or Yessel whatsoever or any merchant factor or otker Skall break bulk or Land any goodsLAWS OF THE COLONY OF NEW YORK. 1017 Wares or Merchandize whatsoever before be or they make report & entry and pay and Secure to be Paid the duties hereby impqsed, Ail the goods So landed or taken from on Board without or before report and Entry raade Shall be forfeited one third part whereof to be to his Majestie his heirs and Successors to be apply’d to the Support of bis Majesties Governm’t in this Colony, One third part to the Governor of this Colony for the time being and the other third part to the person who shall Sue for the Saine by Bill plaint or information in any Court of Record within this province where no Essoyn protection or Wager of Law shall be allowed. AND BE IT FURTHER ENAOTED by the authority aforesaid that ail & every person and persons importing into this province any European Goods Cocoa Wine Rum Brandy or other distilled Liquors Shall upon entering the Same pay to his Majestie his heirs and Successors the Duties hereinbefore given & granted thereon or in Case ye Duties Arising by this act npon Such importation Shall amount to above the Sum of four pounds shall well & sufîiciently secure the Same to be paid as aforesaid within the Space of three months from ye day of ye Entry thereof And if any person or persons shall refuse or delay to pay or secure to be paid the Said Duties That then and in Such Case it Shall and may be lawfull for the Collector to take and Detain the Said European Goods Cocoa Wine Rum Brandy or other Distilled Liquors for the Space of three months or untill the duty given by this Act is and Shall be paid and Satisfled And if the Duties be nci paid within the Said three months that then the Collector Shall and may at the Expiration thereof Expose to Sale the goods Wares and merchandizes so detained returning to the owners the overplus if any be, the duties and Charges of the Sale being first Deducted. PROYIDED always and it is hereby further Enacted That if the owner or importer of any Cocoa Shall upon the Importation thereof, Enter into Bond to his Majestie with Sufficient Surety in the penalty of Twenty pounds for each Tun, to Export the Same or any part thereof directly to Great Britain within the Space of fïifteen months from the time of its importation That then and in Such Case the owner or importer Shall pay the aforementioned Duty or Duty s for no gréa ter or other quantity than Such as he Shall not as aforesaid enter into Bond to Export in manner beforementioned And in Case Such owner or importer Shall neg- lect or refuse to Export the Quantity which he or they, shall so 1281018 LAWS OF THE COLONY OF NEW YORK.} as aforesaid, oblige themselves to Export within the time men- tioned in the Bond, Tliat then he or they Shall pay the aforesaid Duties respectively given on the said Cocoa and be Debarre’d from the beneflt of any Drawback thereon, tho’ he Should at any time after Export it And to prevent any frauds or abuses, the Exporter of any Cocoa Shall at the time of his Entering the Same for Transportation make Oath that the Same is ail or such part of Such a parcel or quantity of Cocoa imported into this province at Such a time in Such a Yessel from Such a place Expressing the parcel or quantity of Cocoa imported the time when the Yes- sels name and from what place, or if the said Exporter shall hâve bouglit the Cocoa So by him Entered for Exportation from any other person or persons in this province, then he Shall give prooff by the person or persons from whom he bought the same, or by the person or persons who imported the Same, That the Said Cocoa, So by him Entered for Exportation is ail or such part of Such a parcel or quantity of Cocoa imported into this province at Such a time in Such a Yessel from such a place Expressing the quantity imported the time when the YesselsName and from what place as aforesaid. AND BE IT FURTHER ENACTED by the authority aforesaid that the Several and Respective Duties hereby laid and given Shall be paid to the Treasurer of this Colony for the time being who is hereby impowered to receive the Same. AND BE IT FURTHER ENACTED by the authority aforesaid that upon the importation of any European Goods Cocoa Wine Rum Brandy or other Distilled Liquors aforesaid the owner or owners Importer or Importers thereof Shall give to the said Treasurer a Coppy of the Entry of the respective quantitys of the Several goods aforesaid, So by. him Entered with the Collector and pay or Secure to be paid for the Same the Dutys aforesaid A nd that upon Such payment or Security given the Said Treasurer Shall give to the Importer or owners aforesaid without fee or reward a Certificate Signifying that the Duty for Such and Such Quantifies of Goods Wares and Merchandizes as are by him Imported are paid or Secured to be paid upon which Certificate the Collector Shall permit the owner or owners Importer or Importers to Unload and Land the Said Goods Wares and Merchandizes and not otherwise. AND BE IT FURTHER ENACTED by the authority aforesaid that the aforementioned Duties on Negroes and the Tonnage of Yc-ssels and the Duties given for Weighing at his Majesties BeamLAWS OF THE COLON Y OF NEW YORK. 1019 Shall be paid to the said Treasurer b y the respective officers appointed or to be appointed to Collect and Receive those Duties when and So often as they Shall be thereunto respectively required by the Said Treasurer whose Receipt shall be a Sufficient discharge for the Same AND BE IT FURTHER ENACTED BY the Authority afore- said that the Treasurer of this Colony for the time being shall pay or Cause to be paid ail and every sum and Sums of money that shall Corne to his hands by Virtue of this Act and not par- ticularly disposed of by this Act to Such person and persons and in Such manner as he shall from time to time be directed by Warrant or Warrants to be pass’d in Council under the hand and Seal of the Governour or Commander in Chief of this Colony for the time being by and with the advice and Consent of the Said Council, which warrants Indorsed by the persons to whom they are made payable shall be a Sufficient Discharge to the said Treasurer which Warrants Shall be Numbered and paid in Course according to their Number. And to the End the Treasurer may at ail times know what Warrants are Drawn the Clerk of the Council for the time being is hereby directed and required imme- diately after the Drawing of any Warrant or Warrants to Sig- nifie to ye Treasurer under his hand, the Name or Names of the person or persons to whom Such Warrant or Warrants are made payable together with the Sums and numbers of the Same. AND BE IT ENACTED by the Authority aforesaid that the Treasurer of this Colony Shall pay or Cause to be paid in Bills of Crédit made Currant in this Colony to ail and every the Mem- bers of the General assembly of this Colony Ten Shillings per Diem for each day they hâve Served or shall Serve from the first day of this présent Sitting of Assembly to the Expiration of the Same according to a Certificate to be produced to hlm by every of the said Members Signed by the Speaker of the said Assembly f jr the time being Expressing the Number of Days that each member has attended the Service of the said General Assembly And the receipt of each of the said members Endorsed on his Certificate Shall be a Sufficient Discharge to the Said Treasurer for So much. AND BE IT FURTHER ENACTED by the Authority aforesaid that the Certificate for the Speakers Service in the house Shall be Signed by the Majority of the house and the Treasurer is hereby ordered to take notice of it and pay it accordinglv And the said Speakers receipt Shall be a Discharge to the Said Treasurer for so much.1020 LAWS OF THE COLONY OF NEW YORK. AND WHEREAS b y an Act of the General assembly of this Colony pass’d in the first year of his présent Majesties Reign Entituled an Act for a Supply to be granted to his Majesty for Supporting his Government in the province of New York and for Striking Bills of Crédit for that purpose it is amongst other things Enacted that the Treasurer of this Colony shall Yearly retain in his hands the Sum of Three Thousand Ounces of Plate out of the first money Yearly arising by Virtue of Said Act, which Said Sum of three thousand ounces of plate so retained in his hands shall yearly and every year on the first day of July by the Treasurer aforesaid be given in Exchange for Bills of Crédit rnade Current by said act to any person or persons bringing in the Same and that the Said Bills of Crédit shall on or before the Expiration of one Month after the Said first day of July Yearly be Sunk and Destroyed in the presence of Robert Walter John Cruger David Provoost Junior and John Read or the Major part of them alive In order therefore that the Treasurer of this Colony may be Enabled to pay the Représentatives as above is ordered and Directed. BE IT ENACTED by the authority aforesaid that the said three Thousand ounces: of Plate which by the said Act is Directed to be Sunk on or before the Expiration of one Month after the first day of July One Thousand Seven hundred and Nineteen Shall not be Sunk at that time but that the Said three thousand Ounces of Plate Shall be Sunk and Destroyed in the manner afore in the Said act Directed before the Expiration of one Month after the Month of July which Shall be in the year of our Lord One Thou- sand Seven hundred and Twenty Any Law to the Contrary hereof Notwithstanding. AND BE IT FURTHER ENACTED by the authority aforesaid that the Treasurer of this Colony for the time being Shall retain in his hands the Sum of Five pounds for every hundred pounds received and paid by him as a reward for his Service in receiving and paying the Moneys to be received and paid by him by Virtue of this Act and that h as been received and payed or that Shall be received and paid by Virtue of an act of the General assembly of this province passed in the Y"ear One Thousand Seven hundred and fifteen and Entituled an Act for a Supply to be Granted to his Majestie for Supporting his Government in the province of New York and for Striking Bills of Crédit for that purpose and for the disposition of The Publick Money Lodged in his hands byLAWS OF THE COLONY OF NEW YORK. 1021 Virtue of this or any other act of the General assembly of tliis province tlie Said Treasurer shall be accountable to the Governor Council and General assembly of this province or either of them when required thereto Any thing in this or any other Act to the Contrary Notwithstanding. [CHAPTER 367.] [Chapter 367, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 183. See chapter 214. Revived by chapter 493.] An Act for Reviving an Act entituled an Act for the Regulating and returning able & Sufîicient Jurors in Tryals at Law. [Passed, June 24, 1719.] BE it Enacted by his Excellency the Governour Council and General Assembly and by the authority of the Same. That one Act entituled an Act for the Regulating & returning able and Suiïicient Jurors in Tryals at Law, made in the Eleventh Year of the Reign of our late Soveraigne King William the third of Glorious Memory, expired by its Lymittation shall be and is hereby Enacted by the authority aforesaid to be Revived and of Force for and untill the first day of July which shall be in the Year of our Lord, One Thousand Seven hundred and Twenty Six. [CHAPTER 368.] [Chapter 368, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 186. See chapter 326. Continued by chapter 399.] An Act reviving an Act entitled an Act for Laying a Duty on Goods Sold by Auction, Vendue or Out-Crv. [Passed, June 24, 1719.j Be it Enacted by the Governour Council & General Assembly, & it is hereby Enacted by the Authority of the same, That an Act entituled an Act for Laying a Duty on Goods sold by Auction, Vendue or Out-Cry, made in the third Year of his now Majesties Reign, expired by its Lymittation, shall continue & be in Force until the fourteenth day of May, Tvhich shall be in the Year of our Lord, One Thousand Seven hundred and Twenty One.J 022 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 369.] [Chapter 369, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 185. Expired June 24, 1721, but provided for by chapter 614.] An Act Laying a Duty on ail Empty Gasks Imported into this Colony. [Passed, June 24, 1719.] WHEKEAS the Importation of great quantities of Empty Casks out of the Neighbouring Colonies into the City of New York by Expérience is found to be very hurtfull to the Coopers Inhabiting the Said City and will Lay the said Coopers under a necessity of deserting their habitations and Employments, which will be a great Discouragement to the Trade & manufacture & of great Inconveniency to the Inhabitants of the same. Be it therefore Enacted by the Governour Council & General Assembly and it is liereby Enacted by the Authority of the Same, that there Shall be paid by the Importer of the Same for every Empty Caske Imported into this Colony from any of the Neighbouring Colonies Viz for every Tite Hogshead the Sum of one Shilling, for every Tite half barrel, anker, half anker or other Tite Cask nine pence fer every flower & bread barrel the sum of one shilling for every llower or bread half Barrel Six pence and the Dockmaster of this City is hereby Impowered and required to Collect and Gather the Said Duty arising by Virtue of this Act, and one half part thereof to the Treasurer of this Colony for the time being to be applyed towards the Support of his Ma’tys Government in this Colony, and take to himself the other moiety thereof, for Collecting the Same. And be it further Enacted by the Authority aforesaid that in Case any Empty Caske Shall be made appear before any one of the Aldermen of this City, by the Oath of any Crédible Witness, to be Landed without first paying and Discharging the duty for each Caske as by this Act is directed & appointed, every Such Cask Landed as aforesaid Shall be adjudged forfeited, the one half to any Person that shall Informe & sue for the Same, and the other to his Ma’ty to be applyed towards the support of This Government. This Act to Continue in force for the Terme of two Years from the Publication thereof and no Longer.LAWS OF THE COLONY OF NEW YORK. 1023 [CHAPTER 370.] [Chapter 370, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 183. See chapter 155. Revived by chapter 483.] An Act for Reviving an Act entituled an Act for Regulating Slaves. [Passed, June 24, 1719.] BE it Enacted by his Excellency the Governour Council and General Assembly and by the authority of the same, That an Act, entituled, an Act for Regulating Slaves made in the first Year of Queen Anne of blessed Memory, expir’d by its owne Lymittation, shall be and is hereby Enacted by the authority aforesaid, to be revived and of Force, until the first day of July, which shall be in the Year of our Lord, One Thousand Seven hundred and Twenty Six. [CHAPTER 3X1.] [Chapter 371, of Livingston & Smith and Van Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 185. See chapter 323. Expired December 25,1719.] An Act reviving an Act entituled an Act appointing an Agent for this Colony at the Court of great Britain & for raising of money Annually to defray the Charge thereof in the roome of John Champanty Esq’r Dece’d. [Passed, June 24, 1719.] Be it Enacted by his Excellency the Governour, Council and General Assembly and by the Authority of the sanie. That an Act entituled an Act appointing an Agent for this Colony at the Court of great Britain and for raising of money Annually to defray the Charge thereof in the roome of John Champanty Esq’r Deceas’d, made in the third Year of the Reign of His présent Ma’ty expired by its own Lymittation, shall be and is hereby Enacted by the Authority, aforesaid to be Reviv’d, and of Force until the Twenty fifth Day of December which Shall be in the Year of Lord, One Thousand Seven hundred & Nineteen.1024 LAWS OF THE COLON Y OF NEW YORK. [CHAPTER 372.] [Chapter 372, of Livingston & Smith and Van Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 185. See chapter 270.] An Act for repealing an Exception or Provisoe mentioned & expressed in one Act of General Assembly, entituled an Act for the better laying out, regulating, Clearing & pre- serving publick Comon highways in this Colony and for the Erecting & Building a County Goale & County House in the County of Richmond. [Passed, June 24, 1719.] WHEREAS in an Act entituled an Act for the better laying out regulating Clearing and preserving, Publick common high- ways in this Colony & for the Erecting & building a County Goale & County House in the County of Richmond, passed in third Year of the Reign of the late Qùeen Anne. It is amongst other things Enacted, That the great Road within the County of Richmond, shall only extend in breadth Four Rod English Measure & no more, the lesser Roads in the said County Shall be of the breadth of three Rods English Measure & no more. Except & always Provided where & when a Road is or shall be directed & laid out thro’ any Persons Land who by his Patent is Obliged to allow a greater Breadth for Roads & highways. Several unhappy Différences having arrisen amongst the Inhabitants in the said County occasioned by the said Provisoe concerning the said Lesser Roads, To prevent therefore any further Différence that shall or may arise in or about the lesser Roads in the said County. Be it Enacted by the Governour Council & General Assembly and by the Authority of the same, That the said Exception Pro- visoe or Clause in the said Act mentioned for the breadth of the lesser Roads in the County shall be & is herebv repealed made null void & of none Effect. And the said Lesser Roads in the County aforesaid shall be of the breadth of three Rodd & no more, any thing in the said Act, or any other Act, contained to the Contrary thereof in any wise notwithstanding.LAWS OF THE COLONY OF NEW YORK. 1025 [OHAPTER 373.] [Chapter 373, of Livingston & Smith and Yan Schaack, where the title only is printed. Printed in full in Bradford, 1732 ed., p. 181. What in tliis act relates to Westchester county expired June 24, 1724, and as to otker counties June 24, 1722. Revived as to Queens county by chapter 442. J An A et to authorize the Justices of the Peace to Build & Repair Goales & Court Houses in the Several Countys of this Province. [Passed, June 24, 1719.] WHERE A S Several Goales & Prisons within this Province for want of due repair, are beccme préjudiciai to' the Health of the Prisoners, & Insufficient for the safe Custody of them, and in some of the Countys within this Province there are not Houses or Places Erected at the Publiclc Charge, for the keeping & holding of Courts and many of those so Erected are Inconvénient for that purpose, which proves a great Obstruction to the Publick Admin- istration of Justice, in order therefore that Convenient, Court Houses may be Erected where they are wanting, & those made Convenient that at présent are not so, and that the Goales in the Several Countys of this Province may be made Convenient and Sufficient, for the préservation and safe Custody of such Pris- oners, as are or shall be put into them. Be it Enacted by the Governour Council and Assembly and it is hereby Enacted, by the authority of the same, That it shall & may be Lawfull for the Justices of the Peace or the greater Number of them, within the Limits of their Commissions upon presentment of the Grand Jury or Grand Juries at the General Sessions of the Peace or General Goal Delivery, held for the said County (or upon their owne view) of the Insufficiency or Inconveniency of their Goal or Prison or the Inconveniency of their Court House (& in case there be no Court House or Goal in the County for which they are Justices) to Conclude & agréé upon such Sum or Sums of mony as upon Examination of Sufficient & able workmen shall be thought necessary for the Building, finishing or repaîring a publick Goale or Goales or Court House belonging to the County of which they are Justices Of the Peace, which Sum or Sums of money so Concluded & agreed upon shall by the Assessors of the said County be Charged upon the Inhabitants of the same, by even & Equal Portions according to their Several Estâtes, to be Levied for the Uses aforesaid. And the Justices of the Peace are hereby Authorized & Impowered at the General Sessions of the Peace 1291026 LAWS OF THE COLONY OF NEW YORK. lield for each respective County to direct their Warrants or Pre- cepts to the Collectors, High Constables, Petty Constables, Bayliffs or other officer or Officers, as tbey in their Discrétions shall think most Convenient for Levying the Same. And be it further Enacted & Declared, that if any Person or Persons shall refuse or neglect to pay his or their Assessment by the space of Fourteen days after Demand thereof by the propper Officer appointed to Collect the same, then it shall & may be Lawful to and for the said Col- lectors by Warrants from any two of the Justices of the Peace présent at the said General Sessions as aforesaid, to Levy the Sum Assessed by distress and sale of the Goods & Chattles of su ch Persons so refusing or neglecting to pay, & the Goods & Chattles then & there found & the distress so taken, to keep by the space of Six days at the Costs & Charges of the owner thereof & if the said Owner do not pay the Sum or Sums of mony so rated or Assess’d within the Space of the said Six Days, then the said Distress to be sold by the Collector at a Publick Out Cry or Vendue for the payment of the said money & the Overplus of such Sale (if any be) over and above the Sum so Assessed, & Charges of taking & keeping the said Distress to be Immediately returned to the Owner thereof, & the said Justices of the Peace are hereby Authorized and Impowered under their hands and Seals or under the hands of the greater Number of them, to agréé with Constitute & appoint one or more Sufficient person or per- sons to be Receiver of the money so Assessed, the said Receiver or Receivers first Giving Security to be accountable when there- unto required, for ail Sums of money received and Disburst by him or them in pursuance of such order as he shall hâve received r.nder the hands & Seals of the Justices of the Peace or the greater number of them, and if the said Receiver or Receivers, high Constable, Petty Constable or other Officer, shall by the Space of Six days after demand, refuse to aecount for ail Sums of mony Received by them in pursuance of this Act, then it shall & may be Lawfull for the Justices of the Peace or the greater number of them to comit him or, them to Prison, there to remaine without Bail or Mainprize, until he or they shall hâve made a true Account Satisfied or paid, Such Sum or Sums of money as shall appear to remain in his or their hands, & the receipt of such a Receiver shall be a sufficient Discharge to ail high Con- stables, Petty Constables or other Officer or Officers, paying Such Sum or Sums of money as they hâve Collected by Virtue of this Act, & the Discharge under the hands & Seals of the JusticesLAWS OF THE COLONY OF NEW YORK. 1027 of the Peace or the greater Number of them at tbeir General Ses- sions to Such their Receivers, shal be deemed & allowed as a good & sufficient Release, acquittance or Discbarge in any Court of Law or Equity, to ail Intents & purposes whatsoever, & the said Justices of the Peace are hereby Authorized & Impowered or the greater Number of them at their Sessions, to Covenant, Contract and agréé with any Person or Persons for the well & Sufficient Building, Finishing or Repairing of the said Goale or Goales or Court House in the said County to be Built, Finished or Repaired And be it further Enacted by the Authority aforesaid, That if any Action, Suit Plaint or Information shall be prosecuted against any Person or Persons for what he or they shall doe in pursuance or in Execution of this Act, Such Perspn or Persons so sued in any Court whatsoever, shall & may plead the General Issue (not Guilty) & upon any Issue Joined, may give this Act & the Spécial matter in Evidence, & if the Plaintiff or Prosecutor shall become Nonsuit or forbear further Prosecution or suffer a dlscontinuance, or if a Verdict pass against him, the Défend- ants Shall recover double costs, for which they shall hâve the like remedy, as in any Case where Costs by Law are given to Défendants. Provided alwaies & it is hereby further Enacted, That this Act nor any part thereof, shall be construed to extend to the Counties of Orange & Richmond within this Province. This Act to con- tinue & be in force in the County of West Chester for & during the term of Five Years from the publication of this Act & no longer, & in the City.and County of Albany & the rest of the Counties not Excepted in this Act, for & during the Terme of Three Years from thé Publication of this Act & no longer. [CHAPTER 374.] TChapter 374, of Livingston & Smith and Van Schaack, where the iitle only is printed. Title only is printed in Bradford, 1732 ed., p. 185. Expired June 24, 1724.] An Act for destroying Wolves in Dutchess County. [Passed, June 24, 1719.] WHEREAS the Inhabitants of Dutchess County suffer great Losses in their Stocks of Horses and Neat Cattle by the Increase of Wolves in the said County for preventing which & Incouraging those who shall destroy Wolves in the said County. BE it Enacted by his Excellency the Governour, Council and Gen- eral Assembly, and it is hereby Enacted by the Authority of the same, That every Person or Persons Inhabiting in the said County who1028 LAWS OF THE COLONY OF NEW YORK. shall kill any Wolf & Carry the head thereof to any Justice of the Peace in the said County, Such Justices shall give him or them a Certificate to the Treasurer of the said County, who upon sight thereof shall pay to the said Person the Sum of Ten Shillings Current money of this Colony, & to any Indian so killing any Wolf and bring Such Certificate as aforesaid the Sum of Five Shillings mony aforesaid. And be it further Enacted by the Authority aforesaid, That for defraying the necessary Charges of Destroying of Wolves, there be Raised, Levied, Collected & paid by the Freeholders Inhabitants Residents & Sojourners of & Inhabiting in the said County, Such Sum or Sums of money as the Justice of the Peace & Supervisors of the said County or the Major part of them for the time being, shall seeme requisite & the necessary Charges for the Same aforesaid in such way & in like manner, and under such pains & Forfeitures & under such Régulations & Directions as ail other publick & neces- sary Charges of the said County are by Law raised, Levied, Collected & paid, any Usage or Custome to the Contrary hereof notwithstanding. And be it further Enacted by the Authority aforesaid, That this Act shall be & continue in force for five Years from & after the publi- cation hereof and no Longer. [CHAPTER 375.] [Chapter 375, of Livingston & Smith and Yan Schaack, where the title only is printed. This act is not printed in Bradford, 1732 ed.] An Act for Annulling and making void a fraudulent Conveyance of Mary Davenport, made by her while she was sole, by the Name of Mary Miserol, to one James Brown, of Certain Lands Goods and Chattles late belonging to John Miserol her former husband Deceased. [Passed, June 24, 1719.] FORASMUCH as Mary Davenport while she was Sole by the Name of Mary Miserol by Sinister Insinuation & practices was pre- vailed upon and induced to Exécuté one Deed of Conveyance bearing date the Seaventeenth day of November in the year of our Lord One Thousand Seven hundred and thirteen, of a Certain House, Grist- mill and ffarm Commonly called or known by the Name of Turtlebay ffarm Scituate and being in the City and County of New York and of three Slaves vizt. Tom and Joe two Negroe boys, and Betty aLAWS OF THE COLONY OF NEW YORK. 1029 Negroe Girl and also of a Certain piece of Land lying against Juryan Nagels point containing about ten Acres Also one other piece of Meadow Land lying over against the said Juryan Nagels land Con- taining about two acres more or less Both which two pièces of Land last mentioned are to be Esteemed and taken to belong to Turtlebay ffarm aforesaid, And also one other peice of upland lying in New Bushwick between John prices Land and Francis Titus’s Land Con- taining about forty five acres and a half be the same more or less with ail the Cattle Stock Slaves and ail other the pièces and parcels of Land possessed by said John Miserol at ye time of his Death, without any real or valuable Considération, fraudulently to defeat and Deprive the petitioners John Cornélius, Margarita, Deborah and Janetie the Children & heirs of the said John Miserol of their lawfull Right and Title to the Same Lands Tenements Hereditaments Goods and Chattles as well Descending and answering by the due Course of Law, as by the Last Will and Testament of the said* John Miserol their ffather Dece’d. BE IT therefore Enacted by his Excellency the Governour Council and General Assembly and by the Authority of the Same That the said Deed of Conveyance, and every Clause, matter and thing there in Express’d and Contained and ail mean Conveyance made by force or Colour of the Same, Are hereby Declared to be fraudulent and as such are hereby Enacted and Declared to be Vicious, Null and Void to ail intents and purposes, and the said petitioners John, Cornélius, Margarita, Deborah, and Janetie the Children and heirs of ye said John Miserol dece’d are hereby Enacted and declared to hâve the Same Claim Right and title Interest & Demand as if the same fraudu- lent Conveyance had never been made or Executed any thing to ye Contrary hereof in any wise notwithstanding. PROVIDED That nothing in this Act shall be Construed to Debar the Just Claim of any Creditor any thing herein Contained to the Contrary in any wise notwithstanding. [CHAPTER 376.] [Chapter 376, of Livingston & Smith and Yan Scliaack. where the title only is printed. This act is not printed in Bradford, 1732. ed. Expired June 24, 1721.] An Act to prevent Rams runing at Large in the Township of Hempstead in Queens Countv. [Passed, June 24, 1719.] WHEREAS the Township of Hempstead having large Plains & Cornons, the Inhabitants permit their Rams to run at large, by1030 LAWS OF THE COLONY OF NEW YORK. reason whereof, the Ewes, Lamb at unseasonable times to the great préjudice of the said Inhabitants. Be it therefore Enacted by his Excellency the Governour Council and General Assembly, and it is hereby Enacted by the Authority of the same. That Ram or Rams runing at large from the first day of June, till the Twenty fourth day of October yearly, on the Plains & Cornons belonging to said Township, shall be carried to the Pound of the said Township & there Sold by Publick OutCry to the highest bidder, by the Pound keeper, who detaining one shilling for pounding each Ranx & shall pay to the person that delivered such’ Ram, the one half of the remainder of what the said Lamb shall be sold for, & the other half thereof to the Church Wardens of the said Town for the time being, for the Use of the Poor of the said Town to be paid the said Poor, by direction of one Justice of the Peace & one of the Vestreymen for the time being, Inhabiting in the said Town. This Act to continue for Two Years from the Publication thereof & no longer. [CHAPTER 377.] [Chapter 377, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed. Expired June, 1722.] An Act for Building a Bridge over the Creek or Kill called Kinderhooks Creek or Kill in the County of Albany and for Altering the highway in that part of the s’d County. [Passed, June 24, 1719.] WHEREAS the highway that now goes over the Kill or Creek commonly called or known by the name of Kinderhooks Creek or Kill in the County of Albany is found to be inconvénient and unsafe for Travellers by reason of floods and overflowings of water at certain Seasons of the year in order therefore to render the Said Road or highway safe and Convenient for the future BE IT ENACTED by the Governour Council and General Assembly of this Colony and it is hereby Enacted by the Author- ity of the Same, That the Justices of the peace Inhabitants of Kinderhook Claverack and the Mannor of Livingston or the greater Number of them are hereby Authorized and impowered ti meet at such Convenient time and place as to them Shall Seem most fit to Consult and agréé upon what Sum of money not Exceeding Eighty ounces of plate they shall think to be neces- sary for the Erecting and building a good Strong and SufficientLAW S OF THE COLONY OF NEW YORK. 1031 Bridge over the Said Kill or Creek of Kinderhook in Such place of the Said Creek as the Justices aforesaid or the greater number of them Shall Judge to be most Convenient for that purpose wbich Sum of money So agreed on Shall be equally and in due proportion assessed upon the Inhabitants of Kinderhook Claverackl ard the Mannor of Livingston by the Assessors of the Same and Ltvyed by their respective Collectors by Warrant from the Said Justices or the Greater Number of them and paid by the said Collectors To a Treasurer to be appointed by the said Justices. AND BE IT ENACTED by the anthority aforesaid that it shall and may be lawfull for the Justices aforesaid or the Greater Number of them and they are hereby impowered to Contract and agréé with Workmen and others for the Building and finishing the Said Bridge and for materials for the Building of the Same and to appoint one or more person or person to inspect oversee direct, and from time as they Shall see occasion to order payment to be made for materials for the Same or to the Workmen Employé upon the Same, as the money by agreement to be paid to them Shall become due, and the Treasurer aforesaid is hereby directed and required out of the money coming to his hands by Virtue of this Act to pay Such Sum or Sums of money as from time to time Shall be ordered and directed to be paid by orders under the hands of the said Director or Directors appointed by the Justices aforesaid. AND BE IT ENACTED by the Authority aforesaid, that from lienceforth the Kings highway or Road shall go by the house of Cornélius Martense and So Straight through the Woods along by Dirick Meese and So along to the bridge aforesaid hereby Directed to be Built and from the Said Bridge to the Kings old road which goes from Kinderhook to the green Bush over ag’t Albany. AND WHEREAS it is found by Expérience that in the County of Albany the Length of the Axle trees of the Waggons Carts and other Carriages are found very much to differ whereby the Kings Roads are Spoiled, The Rutt or Track which one waggon makes being Several inches narrower than that w’ch is made by another and that Such inconveniences may be prevented for the future. BE IT ENACTED by the Authority aforesaid that in the Space of Ten months after the publication of this Act Ail Waggons Carts or other Carriages which are used in any of the Kings hisrhwavs in the County of Albany Shall be so made that the Rutt or Track which they Shall make from outside to out-1032 LAWS OF THE COLONY OF NEW YORK. side to be four feet and Ten Inches English measure and no more or less upon the penalty of Ten Shillings Currant money of tins Colony to be Paid by the owner or driver of the Waggon Cart or Carriage to be Destrained by one Justice of the peace by the Evidence of one or more Sufficient Witness or Witnesses or upon his own view which Sum So forfeited Shall be for the Constable or any other person who Shall Sue for the Same This Act to Continue to the first tuesday in June which Shall be in the Yeàr of our Lord One thousand Seven hundred and twenty two and no longer. [CHAPTER 378.] [Chapter 378, of Livingston & Smith and Yan Schaack, where the title only is printed. Title only is printed in Bradford, 1732 ed., p. 186. Expired June 24, 1721.) An Act for raising the Quantity of Sixty Ounces of Plate for the Township of Schenec- tady in the County of Albany. [Passed, June 24, 1719.] BE it Enacted by the Governour Council & General Assembly and it is hereby Enacted by the authority of the same. That it shall & may be Lawfull to and for the Justices of the Peace for the County of Albany dwelling in the Town of Schenectady and Precincts thereof of the Major part of them, to rasie and Levy upon ail and every the Freeholders, Inhabitants and Sojourners, Inhabiting & dwelling within the said Town and Precincts thereof, Yearly and Once in every Year, during the continuance of this Act, for the Use of His Ma’ty his Heirs & Successors Thirty Ounces of Plate to be Imployed by the said Justices for and towards the Extraordinary Charges, that shall or may happen on the said Township. And be it further Enacted by the authority aforesaid, That the said Justices do cause the Assessors of the said Town and Precincts thereof by Warrant under their hands & Seals that Thirty Ounces of Plate part thereof be raised on the first Tueday in December, One Thousand Seven hundred & Nineteen, & Thirty Ounces of Plate in December, One Thousand Seven hundred and Twenty, and to be Col- lected and paid as by them Shall be Directed at the Same time as the allowance for their Représentative shall be raised and this Act to continue for two years from the Publication thereof.LAWS OF THE COLONY OF NEW YORK. 1033 [CHAPTER 379.] [Chapter 379, of Livingston & Smith and Van Schaack, where the act is printea in full. This açt la uot in Bradford, 1732 ed.] An Act to enable the Precincts of Haver- ura w in the County of Orange to Elect a Super- visor a Collector, two Assessors, one Constable & two Overseers of Highways. [Passed, June 24, 1719.] WHEREAS Several Principal Freeholders and Inhabitants of Haverstraw in the County of Orange in behalf of themselves & otherg, hivVe by their Pétition to the General Assembly, pray’d they may be enabled to Elect one Supervisor, one Collector, two Assessors, one Constable & two Overseers of the highways by reason of their great Distance from Tapan in the said County. Be it therefore Enacted by his Excellency the Governour, Council & General Assembly, & by the authority of the same, That from after the Publication of this Act, That it shall & may be Lawfull for the Inhabitants of the Districts & Precincts of Haverstraw in the County of Orange, from the North- most bounds of Tapan, to the Northermost bounds of Haverstraw, and they are hereby required and Impowered to Assemble and meet tcgether at the most Convenient place in the said Districts or Pre- cinct on the first Tuesday in April Annually, & there by plurality of Voices to Elect & Chuse among them, one Supervisor, one Collector two Assessors, one Constable & two Overseers of the Highways, & the said officers so Chosen shall be of the Principal Inhabitants and Free- holders within the Districts abovesaid and also be Invested with ail the Powers & be Obliged to such Services & Duties as ail other such like Officers in the County of Orange aforesaid are Impowered & Obliged to do, & the Assessors & Supervisors so Chosen shall Act in Conjunction with the rest of the like Officers in the said County, when and as often as Occasion shall require, any thing to the Con- trary hereof in any wise notwithstanding. [CHAPTER 380.] [Chapter 380, of Livingston & Smith and Van Schaack, where the title only is printecl. Printed in full in Bradford, 1732 ed., p. 183. Repealed by chapter 652.] An Act to Elect Supervisors in Dutchesa County. [Passed, June 24, 1719.] WHEREAS by an Act made in the Twelfth Year of the Reign of the late Queen Anne entituled an Act for Dutchess County to Elect 1301034 LAWS OF THE COLONY OF NEW YORK. a Supervisor a Treasurer, Assessors and Collectors, the County since being Increas’d in Inhabitants & Settlements made, now for the more Ease & better defraying the publick Charge of the said County. BE it therefore Enacted by the Governour Council & General Assembly, & it is hereby Enacted by the authority of the same, that frora & after the publication of this Act, the said County shall be divided into three Divisions. The South Division to begin at the South side of the Highlands & Northward to the Wapaingers Creek, the Midle Division to begin at the aforesaid Wapaingers Creek, & so Northward to the Cline sopas Island, & the North Division to begin on the Northside of the Midle Division, and ending on the Norther- most bounds & extent of the County, & for the better advantage & more easy adjusting the Accounts of Taxes in the said County & payments of the County Charge. Be it Enacted by the Authority aforesaid, That the Inhabitants of every respective Division are hereby required and authorized yearly and every Year upon the publick Election, being the first Tues- day in April, to Elect and appoint in every Division a Supervisor for the said County, who shall hâve the same power, function and author- ity to raise publick monev to defray the necessary Charge of the County and also adjust the Charges of the same, as ail other Super- visors of this Colony by Law hâve, or ought to hâve. [CHAPTER 381.] [Chapter 381, of Livingston & Smith and Van Schaack, where the title only is printed. This act is not in Bradford, 1732 ed.] An Act for Naturalizing Tedeus Beet man Jan Yan Taerlingh and Pieter Vander Lyn. [Passed, June 24, 1719.] WHEREAS Tedeus Beekman Jan Yan Taerlingh and Pieter Yander Lyn hâve by their pétitions to the General Assembly of the province of New York Desired they may be Naturalized and become his Majesties Good Subjects BE IT THEREFORE ENACTED by his Excellency ye Governour Council and General Assembly and by the Authority of the sameLAWS OF THE COLONY OF NEW YORK. 3035 That the said Tedeus Beekman and Jan Yan Taerlingh and Pieter Vander Lyn are hereby Declared to be Naturalized to ail intenta Constructions and purposes whatsoever And from henceforth are, and at ail times hereafter shall be Entituled to hâve and Enjoy ail the Rights Libertys privilèges and advantages which his Majestiea Natural Born Subjects do Enjoy or of right ought to hâve and enjoy as fully to ail intents Constructions and purposes whatsoever as if the Said Tedeus Beekman Jan Yan Taerlingh and Pieter Yander- Lyn had been Natural Born Subjects. PROYIDED ALWAYS and it is hereby Enacted that the Said Tedeus Beekman Jan Yan Taerlingh and Pieter VanderLyn shall take the oaths appointed by Law, instead of the Oaths of Alegiance and Supremacy Subscribe the Test and make repeat and Swear to and subscribe the Abjuration oath in any of his Majesties Courts of Record within this Colony which Said Courts are hereby required upon application to them made to administer the Same and take Sub- scriptions and cause the names of the s’d Tedeus Beekman Jan Yan Taerlingh and Pieter Yander Lyn so Swearing and Subscribing To be Entered upon Record for which they and each and every of them are hereby required to pay the Sum of Six Shillings Currant Money of the province of New York to the Judge of the Court and three Shillings to the Clerk of the Court in which they or any of them shall So Swear and Subscribe as aforesaid. AND be it further Enacted by the authority aforesaid that if ye s’d Tedeus Beekman Jan Yan Taerlingh and Pieter YanderLyn having so Sworn and Subscribed as aforesaid shall demand a Certiûcate of their or any of their being Entered upon Record as af ores’d the s’d Court is hereby directed and required to Grant the Same under the hand of the Judge, and seal of the said Court in which the said Tedeus Beekman Jan Van Taerlingh and Pieter YanderLyn or any of them Shall So Swear and Subscribe as aforesaid Countersigned by the Clerk of the s’d Court for which Certiûcate the Said Tedeus Beek- man Jan Yan Taerlingh and Pieter YanderLyn or any of them requiring the same Shall pay over and above the Nine Shillings beforementioned the Sum of Six Shillings, one half to ye Judge of the s’d Court, and the other half to ye Clerk thereof, w’ch s’d Certifia cate shall at ail times be a Sufficient proof of the person or persons being Naturalized by this Act as if the record aforesaid were actu- ally produced by the s’d Tedeus Beekman Jan Yan Taerlingh and Pieter VanderLyn.1036 LAWS OF THE COLONY OF NEW YORK. [CHAPTER 382.] [Chapter 382, of Livingston & Smith and Van Schaack, whete the title only is printed. Title only is printed in Bradford, 1732 ed., p. 186. An Act for Settling the Estate of Thomas Lewis Late of the City of New York Deceased. [Passed, June 24, 1719.] WHEREAS Thomas Lewis late of the City of New York Deceased in his life time and at the day of his Death was Seized of and in Sundry Lands and Tennants and other Reale Estate within this Province of New York by virtue of Sundry grants thereof to him made and to his Heires and assigns forever by Scverall Governors and Commanders in Chief of this Province under the Crown of England and by divers other mean Convey- ances in the law and being So Seized he the Said Thomas Lewis on or About the thirteenth Day of September in the Year of our Lord one thousand Six hundred and Eighty four being then of Sound Memory and understanding did make a certain Instrument in writing under his hand before William Bogardus then Notary Publick in the City of New York and Martin Clock and Gerritt Daykinck Inhabitants of the Said City who Subscribed their names as Witnesses thereunto and that in the Dutch Tongue which he Called his last Will and Testament and therein and thereby did make grant and give unto his wife Geesie Lewis ail his goods moveable and Immoveable (by which words the Dutch understand a Personall and Reale Estate as houses lands goods and Chattles) Actions and rights as he Should Leave by his decease none Excepted and y’t during her Life to Govern and administer and deall therewith as he him Self being alive might or Could do and after her Decease he Granted the Same to his Children by name Lodwick, Barent, Leonard, Katharine, and Thomas Lewis Junior without any Distinction between the Sons and Daughters and that the Eldest Son Should not prétend any prérogative therein Since which he the Said Thomas Lewis dyed and Geesie his Said Wife proved the Said Instrument or Will and had letters of Probate Granted unto* her on the Same on the first Day of Aprill in the Year of our Lord one thousand Six hundred and Eighty Six and being fully persuaded that by virtue thereof She had Good right to Dispose of the Lands and Tenements of her Said husband and that the Same was his intent and meaning at the time he Signed the Said Instrument or Will has Since his Decease Disposed of and Conveyed Sundry parts of the lands and Tenements of the Said Deceased by Deed and Deeds under her hand and Seale to the Purchaser and purchasers thereof theirLAWS OF THE COLONY OF NEW YORK. 1037 respective Heirs and Assignes for ever and has Expended the purchase money thereof in paying the Debts of her Said Deceased husband and towards the bringing up of her Said Children And being Lately advised that She the Said Geesie Lewis is not Sufïi- ciently empowered by the Said Instrument or Will to Convey the Estate aforesaid by reason of Sundry imperfections therein Con- tained and that by the Strict rules of the Lawes of Great Brittain the heir at law of the Said Thomas Lewis Deceased has a right to reclaim the Said lands and Tenements So Sold and Conveyed by her as aforeSaid and the Said purchasers having bona fide paid their money for the Same (which by her the Said Geesie has been laid ont in manner aforesaid) and hâve Since been at Great Charges and Expences in building thereon Severall Mes- suages houses and Tenements therefore for the quieting the pur- chasers aforesaid and Every of them in the enjoyment and peace- able Possession of the lands respectively by them purchased of the Said Geesie Lewis and which did belong to the Said Thomas Lewis in his Life time and their heires and assigns for- ever against the right or Claim of the heir at Law of the Said Thomas Lewis only Bee it Enacted and it is heréby Enacted by his Exeelleney the Governor and Councill and General assembly and it is hereby Enacted by the Authority of the Same that ail and every the Deed or Deeds Conveyanee or Conveyances heretofore made by the Said Geesie Lewis Since the Death of her said hus- band for any part or parcel of the Lands and Tenements of the Said Thomas Lewis Deceased Shall be and hereby are Declared to be Good and Effectuall in the Law to the purchaser or pur- chasers thereof to hâve and to hold the respective lands and Tenements unto him or them the Said purchaser or purchasers thereof their heirs and Assigns to the only Sole and proper use beneflt and behoof of him or them their respective heires and Assignes forever Against ail Title Interest property Claim or Demand of the heires of the Said Thomas Lewis or any of them any Law Usage or Custome to the Contrary thereof in anr way notwithstanding And Whereas there are Yett Sundry Lands and Tenements Belonging to the Estate of the Said Thomas Lewis Deceased in the possession of the Said Geesie Lewis which ouglit after her Decease According to the Intent of the Said Thomas Lewis Deceased in ye aforeSaid Instrument or will Declared to be Divided amongst the Children or their respective heirs and y’t Lodawick one of the Sonns of the Said Thomas Lewis Deceased is Since dead without Leaving Issue and that Barent Thomas and1038 LAWS OF THE COLONY OF NEW YORK. Catharine three other of the Children of the Said Thomas Lewis Deceased are allso Dead Leaving Issue every one of them and that Leonard Lewis is the only Surviving of the Children of the Said Thomas Lewis Deceased and that reasonable provision ouglit to be made for the Subsistance and Maintenance of the Said Geesie who is now very antient Bee it further Enacted by the Authority aforesaid that ail and every and Singular the lands Tenements And hereditaments of the Said Thomas Lewis Deceased now undisposed of by the Said Geesie and now in lier possession Shall be and hereby are Declared to be Vested in the Said Geesie Lewis During her naturall Life to hâve hold and receive the rents Incomes and proffits thereof and of every part thereof to her own proper use and behoof During her naturall Life as aforesaid the Title Interest property Claim and Demand of the heires of the Said Thomas Lewis or any of them or any Law usage or Custome to the contrary hereof in any wise not- withstanding And to the End the Design and Meaning of the Said Thomas Lewis Deceased in making the Said Instrument or Will may be entirely Complied with Bee it further Enacted and it is hereby enacted by the Authority aforesaid that after the Decease of the Said Geesie Lewis ail the Lands Tenements and heredita- ments and other the Reall Estate of the Said Thomas Lewis Deceased hereby Vested in the Said Geesie Lewis During her naturall Life Shall be Divided and Shared in manner and form following after ail lawfull Debts first paid that is to Say one full quarter part thereof the whole to be Divided in to four Equall parts unto the heires of the Said Barent Lewis to the only Sole and proper use benefitt and behoof of them their heires and Assignes forever one other full quarter part thereof the whole be Divided into four Equall parts unto the Said Leonard Lewis his heirs and Assignes to the only Sole and proper use benefit and behoofe of him the said Leonard Lewis his heires and Assignes forever one other full quarter part thereof the whole to be Divided into four Equall parts unto the heires of the Said Thomas Lewis Jun?r Deceased to the only Sole and proper use benefitt and behoof of them their heires and Assignes for ever and the remain- ing full quarter part thereof unto the heires of the Said Katharine Lewis Deceased to the only Sole and proper Use benefitt and behoof of them their heires and assignes for ever the Title Inter- est property claim and Demand of the heires of ye s’d Thomas Lewis or any of them or any Law usage or Custome to the Con- trary hereof in any Ways notwithstanding.LAWS OF THE COLONY OF NEW YORK. 1039 [CHAPTER 383.] [Chapter 383, of Livingston & Smith and Van Schaack, where the title only is printed. Tkis act is not in Bradford, 1732 ed. Expired June 24, 1720.] An Act to enable the Justices Inhabiting in the Parish of Rye & the Vestry Men of the said Parish or the Major part of them to raise a Certain Sum of money for the keeping in repair the Parish Church of ye s?d Parish. [Passed, June 24, 1719.] WHERE AS the Parish Church in the Parish of Rye in the County of West Chester is very much gone to decay, & if not timely repaired will be Totally ruined in Order therefore to prevent the same, & keep it in good repair for the furtue. Be it Enacted by the Governour Council & General Assembly & it is hereby Enacted by the authority of the same, That it shall & may be Lawful for the Justices of the Peace Inhabiting in the Parish of Rye & the Vestrey Men of the said Parish or the Major part of them to Assess raise & levye upon the said Inhabitants by even & equal portions any Sum not exceeding the Sum of Thirty four pounds Currant money of this Province, which Sum so Assesst by the Justices & Yestreymen aforesaid Shall be Col- lected & Gathered by the Constables of the Parish aforesaid by Warrant under the hand & Seale of any two of the Justices Inhabit- ing as aforesaid, & upon neglect or refusai of the payment of ail or any of the Sum or Sums of money Assest as aforesaid, it shall be Lawful for the Constables appointed to gather the said Assessment to make distress & Sale of the Goods of any Person so neglecting Or refusing, returning the Overplus to the Owner thereof if any be after the said Assessment and the Charges of Distress is Deducted. This Act to continue for one Year & no longer. {CHAPTER 384.] [Chapter 384, of Livingston & Smith and Van Schaack, where the act is printed in full. Printed in full in Bradforu, 1732 ed., p. 178. Livingston & Smith and Van Schaack State that this act was confirmed by the King in Council January 23, 1723.] An Act for runing and Ascertaining the Lines of Partition & Division betwixt this Colony & the Colony of Connecticut. [Passed, June 25, 1719.] WHEREAS at a Council held at Fort James (now Fort George) in this Colony of New York on the Twenty third day of November,1040 LAWS OF THE COLONY OF NEW YORK. One Thousand Six hundred Eighty three, at which Council Colonel Thomas Dongan then Governour of this Province & the Council of the same on the one part, Robert Treat Esq’r then Govern’r of the Colony of Connecticut, Major Nathan Gold, Captain John Allen Sec- retary & Mr. William Pitkin Commissioners Jointly Empowered by the Government of Connecticut on the other part, did Conclude & agréé, Touching & Concerning the runing and Ascertaining the Lines of Partition & Division between this Province & the Colony of Con- necticut. Pursuant to which agreement Commissioners & Surveyors were appointed and Commissionated, to wit, John Youngs, John Pell Phillip Wells and Robert Vorklain, on the part & behalf of the Province of New York and Nathaniel Gold, Jonathan Selleck, Daniel Sherman & John Hariman on the part & behalf of the Colony of Connecticut, which Commissioners & Surveyors appointed And Commissionated on the part & behalf of each of the Governments before mentioned Did repair to a certain place lying on the East Side of the Mouth of Byram River & knowne by the name of Lyons point, & by Virtues of the powers & Authorities in them Lodged, did agréé détermine & Ascertain the said Lines of Partition & Division between the Province of New York and Colony of Connecticut aforesaid, & did begin at Lyons Point on the mouth of the said Byram River & Did Actually Survey, run, Distinguish, Détermine & mark out Such part of the said Lines of Partition and Division as Did Ascertain the most Southerly part of this Province bordering on the Colony of Connecticut & part of the most Easterly part of this Province bounding on the Said Colony, & Did also Ascer- tain Détermine & fix a point or place at Eight Miles Distance on a North West Course from the Sound from whence a Line should run Parallel To the Sound So farr Easterly until it brings Hudson’s River from thence the Distance of twenty miles together with an addi- tion allowed as an Equivalent in Lieu of a Concession then made on the part of this Province & from thence a Line Parallel to Hudsons River, until it came so farr Northerly as the Line of Partition or Division between the Colony of Connecticut & the Colony of Massa- chusets, which Line aforesaid to be run Paralell to Hudsons River unto the Line of the Massachusets Colony, was to be the Line of Partition & Division, between this Province & the Colony of Con- necticut, ail which Said matters And things agreed on, done, Deter- mined & fixt as aforesaid, was by the said Commissioners & Sur- veyors ^ (appointed & Commissioned as aforesaid) reported & Sub- mitted to the Governments of New York & Connecticut for theirLAWS OF THE COLONY OF NEW YORK. 1041 Allowance or Disapprobation ofl tbe Same, & the Governours of both the Colonies, towit, Coll. Thomas Dongan Governour of the Province of New York & Robert Treat Esq’r Govern’r of the Colony of Connec- ticut, Did meet at the Towne of Milford in the said Colony of Con- necticut, & there on the Twenty fourth day of February in the Year One Thousand Six hundred Eighty four, both the said Gover- nours Did in the presence of John Palmer John Sprag & John Youngs of the Province of New York & Nathan Gold, William Jones, John Allen, John Nash & William Pitkin of the Colony of Connecticut approve of Ratifie, Confirme & agréé to what had been done by the Commissioners & Surveyors aforesaid, & ordered the same to be Entred as of Record in the Publick Registers of the Province of New York & Colony of Connecticut, which was accord- ingly done, & appears of Record in the Secretaries Office of this Province, ail which said matters & things done & agreed on by the Comm’rs aforesaid & rattified & agreed to, by the Govern’rs afore- said, as well as the Articles of Agreement Betwixt the said Govern’rs was by his Ma’ty King William the third of Glorious & Immortal Memory with the advice of his most honourable Privy Council on the Twenty Eight day of March One Thousand Seven hundred, approved of & Confirmed as by the said Order of Council & his said Ma’ties Letter of the Twenty Nineth day of March to his Governour of New York Entred in the Secretaries Office of this Province may more fully & at large appear. And Whereas that part of the Lines of Partition & Division betwixt this Province & the Colony of Connecticut which were to run Parralell to Hudsons River as aforesaid were never Actually Survey’d & markt out nor the Places Ascertained & Distinquished through which the said Lynes should pass & the marks of such part of the Lines of Partition or Division as were by the Surveyors aforesaid then run markt out & Distinguish’d are by Length of time worne out, or by the Contrivances & wicked practices of evil Disposed Persons defaced or altogether taken away, so that without runing them anew, the places thro’ which Such Lines Did or should run, are not nor can not be discovered & Ascertained, by reason of which Uncertainty Several persons living near to the places, where it is Suppos’d the said Lines hâve & will run Elude the Laws in force in both Governments by pay- Ing Obedience to neither pretending Some times to be within the Province of New York, at other times to Be, within the Colony of Connecticut as it best Serves their purposes to évadé paying 1311042 LAWS OF THE COLONY OF NEW YORK. their Publick Taxes & doing & performing Such Services as are done & performed by other his Maries Subjects in both the said Colonies of New York & Connecticut and Several Persons Owners of Considérable Tracts of Land & willing to Settle & Improve the Same, are deferred from so doing, least their Settlements & Iinprovements, should on the discovery of the true places where the Lynes aforesaid should run, prove to be in another Colony, than that under which they had a right to Settle; which has proved a great hinderance to the further Setling & Improving that part of this Province lying near to & adjacent to the Colony of Connecticut and Incouraged Several Persons belonging to the Colony of Connecticut to Incroach upon this Province. In Order therefore to prevent the Confusions & disturbances that will otherwise unavoidably follow, to Encourage the further Seule- ment & Improvement of this Province & that Such Persons as are already Settled near or adjacent to the Lynes of Partition & Division, betwixt this Province & the Colony of Connecticut, may peaceably and quietly enjoy the fruits of their Labour & Industry according to their Several Rights. Be it Enacted by the Gover- nour, Council & General Assembly & it is hereby Enacted by the Authority of the same, That his Excellency the Governour of this Province or the Govern’r & Comander in Chief of this Province for the time being, Do by Commission under the great Seal of this Province authorize & Empower two or more Such Persons as to the said Govern’r or Commander in Chief, with the Advice of His Ma’tys Council Shall seem most Convenient & fit in Conjunction with the Surveyor General of this Province or his Deputy approv’d of by the Governour or Commander in Chief for the time being with the Advice & Consent of the Council to run, mark’ out, Distinguish & Ascertain the Lynes of Partition & Division between this Province & the Colony of Connecticut according to the agreements before mentioned, which were approved & allowed of by the late King William & in no other manner than it was agreed & approved of as aforesaid & the said Lynes when run & the Places Distinguish’d, thro’ which they shall pass are hereby Declared & Enacted to be the Lynes of Partition & Division betwixt this Colony & the Colony of Connecut, and ail Persons whatsoever Bodies Corporate and Politick are hereby required to take notice thereof & Govern themselves accordingly, any Law or Usage to the Contrary hereof notwithstanding. And whereas it is the design, Intention & Eamest Desire of the Législature of this Province that the Lynes of Partition & DivisionLAWS OF THE COLONY OF NEW YORK. 1043 between the Colonies of New York & Connecticut aforesaid be not only run truly & fairly, but Amicably & in Conjunction with Commissioners & Surveyors to be Legally & Sufficiently Impow- ered by the Government of Connecticut if that Government Shall so think fit. Be it therefore Enacted by the Govemour, Council & General Assembly of this Province of New York & it is hereby Enacted, by the authority of the same, That before the Commis- sioners & Surveyor General (or Deputy approved of as aforesaid) appointed & Commissioned under the great Seal of this Province Enter upon & begin to run & Ascertain the Lynes of Partition & Division aforesaid timely notice (not less than Nine months before such beginning to run) Shall be Sent to the Governour of Connecticut from the Govern’r or Commander in Cheif of this Prov- ince by some Crédible Person (who shall make oath of the Deliv- ery of the same) of the time when the said Lynes of Partition & Division are appointed to be run & Ascertained, in order that Commissioners & Surveyors may be appointed by the Government ef Connecticut if they think fit to Act in Conjunction with the Commissioners & Surveyor General Commissioned by the Gover- nour of this Province as aforesaid to run & Ascertain the said Lynes according to the Agreem’ts rnade & rattified by Dongan & Treat Governours of New York & Connecticut before mentioned & approved of & Confirmé by his late Ma’ty King William as Afore- said, & in case the Government of Connecticut, Shall not think fit to appoint & Legally & Sufficiently Impower & authorize any Persons to Act in Conjunction with the Commissioners appointed by this Province as aforesaid, it Shall then be Lawful for the Persons Commissionated on the part & behalf of this Province to run & Ascertain the said Lynes of Partition & Division between this Province & the Colony of Connecticut & to put in Execution the Several Directions in their said Commission con- tained, according to the true Intent & meaning of this Act. PROVIDED alwaies that this Act, nor any part thereof, shal be in force until his Ma’ty his Heires or Successors Shall be Gra- ciously pleased to give the Royal Assent thereto.INDEX-Vol. I A. Accounts: year. page. public, act to appoint commissioners to take and State.... 1700 430 continued ........................................... 1702 493 act appointing conrmissioners to take and State....... 1700 441 commissioners appointed to take and state............. 1702 518 defects supplied .................................... 1703 548 act appointing commissioners to take and state....... 1712 770 Actions: limitation of certain...................................... 1684 154 act for preventing doubts and mistakes in process and proceedings........................................... 1702 522 to prevent removal of, if twenty pounds or over, from mayor’s court of New York and other courts........... 1709 681 preventing multiplicity of law suits................... 1714 827 for shortening law suits.............................. 1714 841 Administration: letters of.............................................. 1692 300 Albany: Dongan Charter ............................................ 1686 195 act raising 150 men for defense............................ 1691 258 for raising 200 men for defense....................... 1692 272 to raise 220 men for defense.......................... 1692 282 to raise 80 men for defense........................... 1692 286 jurisdiction of mayor’s court............................. 1692 305 act raising 6,000 pounds for payment of 300 men for defense .............................................. 1693 315 for raising 170 men for defense....................... 1694 324 raising 100 men for defense........................... 1694 339 for raising 800 pounds for paying soldiers for defense.. 1695 344 to enable to defray charge............................ 1695 347 raising 1,000 pounds for defense....................... 1695 352 raising 100 men for defense........................... 1696 369 to defray necessary charge............................. 1697 377 raising 320 pounds for defense......................... 1697 381 to enable, to defray necessary charge.................. 1699 4111046 INDEX. Albany — (Continued) : act for repairing of fort at.............................. 1701 for raising money to defray necessary charge.......... 1706 for watching and guarding.............................. 1709 for repairing fortifications........................... 1710 appropriation for defense................................. 1711 act for paying 1,500 ounces of plate, for securing frontiers about ............................................... 1712 for better repairing fortifications.................... 1712 to encourage trade with Indians at..................... 1714 revived ........................................... 1717 for repairing fortifications........................... 1715 to erect houses for accommodation of Indians trading at .......................................... 1716 for repairing the fortifications of.....................1716 (See Albany county; Albany City and county.) Albany city and county: act defraying necessary charges........................... 1691 to enable, to defray necessary charge.................. 1694 taxes to pay arrears to représentatives................... 1709 act for electing or appointing four assessors............. 1712 (See Albany and Albany county.) Albany county: érection.................................................. 1685 boundaries ............................................... 1691 act to compel owners of unimproved land to pay taxes_____ 1701 to enable justices of peace to repair or rebuild jail_ 1703 additional sum for................................. 1705 for building jail and city and county hall............. 1705 to prevent slaves running away from.................... 1705 revived ........................................... 1715 regulating inner fences................................... 1706 to prevent sale of liquor to Indians in................ 1709 revived ........................................... 1709 revived ........................................... 1711 revived .......................................... 1711 revived ........................................... 1712 annexing a portion of Manor of Livingston.............. 1717 granting to freeholders of Catskill and Coxhackey, the privilège of choosing a supervisor................... 1718 for building bridge over Kinderhooks creek............. 1719 (See Albany; Albany city and county.) PAGE. 474 604 701 717 750 757 773 828 917 885 890 893 242 332 702 777 122 268 473 529 576 579 582 880 605 657 685 740 751 755 915 998 1030INDEX. 1047 Aliéna: „____ _____ YEAR. PAGE. dying seized of lands, etc., deemed to hâve been natural- ized................................................... 1715 858 Apprentices: act concerning........................................... 1684 157 Arrest: act concerning........................................... 1684 159 Assembly : first ................................................... 1683 111 declared to be a right of subjects....................... 1691 244 act regulating élections of représentatives.............. 1699 405 repealed ............................................. 1702 524 élections of représentatives............................. 1701 452 représentatives in, increased............................ 1702 478 act for furnishing a room for, in city hall of New York.... 1704 569 Assessors: act to relieve........................................... 1709 674 to enable justices to nominate, in case of death...... 1709 677 Assizes: court of, law for executing judgments.................... 1684 163 abolished ............................................ 1684 171 Assignments: of specialties .......................................... 1684 153 Attorney s-at-law : act for regulating and retaining......................... 1695 351 continued ........................................ 1699 409 relative to the practice of law....................... 1714 811 Auction: act to régula te sale of goods by, in New York........... 1709 692 laying a duty on goods sold by........................ 1713 7S9 laying a duty on goods sold by........................ 1715 863 laying a duty on goods sold by........................ 1717 904 revived .......................................... 1719 1021 B. Ballast: 'act to prevent damage by casting into ri vers........... 1684 167 Baptism: of slaves ............................................... 1706 597 Barratry, Champerty: act against ............................................. 1684 1451048 INDEX. Beuckes and Eversten’s: T1AB. PAGE. charter ................................................. 1673 101 Beer: act encouraging brewing of............................... 1700 439 Bills of crédit: act for currency of, for 5,000 pounds.................... 1709 609 for 4,000 pounds ................................. 1709 689 for $14,545 ...................................... 1709 695 for treasurer issuing, to pay for expédition to Canada.. 1709 698 to retrench the interest of.......................... 1710 722 for the currency of, for 25,000 ounces of plate...... 1711 737 to enforce currency of, for 27,680 pounds............ 1714 815 explained ........................................ 1715 846 see in relation to................................ 1717 938 for issue of........................................... 1715 847 explained ........................................ 1718 1010 to make, to value of 41,517^ ounces of plate......... 1717 938 Boundaries : act to ascertain Connecticut............................. 1719 1039 Brewers: act concerning ............................................ 1684 153 Brick: size of.................................................... 1703 554 British officers: act for paying............................................. 1712 756 Burials: act concerning ............................................ 1684 152 By-laws: act against, unlawful ................................... 1694 326 G. Canada: act to detach 487 men for expédition to.................. 1709 659 bills of crédit to pay expense of expédition to.......... 1709 698 act for raising forces to assist in expédition to.......... 1711 723 to appoint commissioners to purchase provisions, etc., for expédition to reduce ........................ 1711 727 relative to ...................................... 1711 '744 foi rewarding volunteers on expédition against....... 1711 732 agàinst embezzling clothing, etc., for expédition against .............................................. 1711 740 foi security and defense of colony during expédition to, 1711 741INDEX. 1049 CaSkS: YKAR. PAGE. act to ascertain assize of.............................. 1703 554 laying a duty on empty, imported into colony........ 1719 1021 Catskill: allowed to choose a supervisor.......................... 1718 998 Cattle: law concerning .......................................... 1684 152 act for encouraging return of strayed................... 1718 1003 Chancery: court established, jurisdiction ......................... 1601 230 court of jurisdiction ................................. 1692 307 Charters: Duke of York’s, first ................................... 1664 1 second .............................................. 1674 104 Benckes and Eversten’s................................... 1673 101 Colve’s.................................................. 1674 102 of liberties and privilèges ............................. 1683 111 Dongan’s, New York ...................................... 1686 181 • Albany ................................................ 1686 195 Chirurgeons and midwives: law concerning .......................................... 1684 146 Church: act to enable French Protestants of New York city to build larger................................................. 1703 526 Cities: rights and, etc., confirmed.............................. 1691 224 Coin: act against forging, counterfeiting or clipping.......... 1702 521 revived ......................................... 1708 621 partly repealed ................................. 1710 714 to prevent corruption of............................. 1708 620 to prevent exportation of............................ 1709 678 Collectors: act for raising a yearly rate to pay..................... 1697 379 to enable justices to nominate, in case of death.... 1709 677 Commissions: Andros’, as governor ......................................... 106 Dongan’s ................................................ 1686 177 Andros’ ................................................. 1688 216 Governor Sloughter’s .................................. 1689 -221 1321050 INDEX. Commissioners: mn. page. to take and State public accounts ...................... 1700 430 continued ............................................. 1702 493 act appointing, to take and state public accounts....... 1700 441 appointed to take and State public accounts............. 1702 518 defects supplied ...................................... 1703 548 act appointing, to take and state accounts of colony.... 1712 770 nominated, to farm the excise ............................ 1716 901 Common Pleas: establishment and jurisdiction ........................... 1691 228 .iurisdiction ........................................... 1692 305 Connecticut: act to ascertain boundary between New York and.......... 1719 1039 Constables: choice of ............................................. 1684 146 Conveyances: frauds in ................................................ 1683 141 Cornfields: law conceming............................................ 1684 152 Cornwall county: érection ................................................ 1683 122 boundaries .............................................. 1691 268 Coroners: not to be elected except on writ.......................... 1708 623 Counterfeiting: foreign coins, act against .............................. 1702 521 revived ............................................... 1708 621 partly repealed........................................ 1710 714 Counties: érection of.............................................. 1683 122 treasurers to be chosen .................................. 1691 237 province divided into ................................... 1691 267 treasurer to be chosen by justices........................ 1701 457 County rates: act for, repealed ........................................ 1683 124 Courthouses : justices of the peace authorized to build and repair.... 1719 1025 Courts: act'to settle............................................. 1683 125 of justice, act to explain act relating to................ 1684 143 justices’, absence of justice ........................... 1684 156INDEX. 1051 Courts — (Continued) : TIAB PACte law for executing judgment of former courts of assizes and sessions ......................................... 1684 163 altering time of sessions in Westchester county.......... 1684 169 confirming judgments in former court of assizes.......... 1684 171 assizes, abolished ... .................................. 1684 171 removal of sessions from Gravesend to Flatbush........... 1681 176 proceedings and jurisdictioo of, monthly................. 1685 175 establishment and jurisdiction af........................ 1691 226 establishment and jurisdiction,.......................... 1692 303 continued ..................................... 1695 359 continued ...................................... 1697 380 Coxsackie: allowed to choose a superyisor .......................... 1718 998 Cursing. (See Swearing.) D. Damages: regulating, occurring under Leisler.............%....... 1691 262 repealed .......................................... 1699 386 Deceits: law to prevent......................................... 1684 148 Deer: act for préservation.................................... 1705 585 revived ......................................... 1716 888 for préservation ................................... 1708 618 partly repealed.................................. 1713 781 préservation of, in Ulster county...................... 1716 888 Désertions: act to prevent.......................................... 1699 417 to prevent ........................................ 1700 434 Disorders: law for quieting........................................ 1691 223 last clause of act repealed......................... 1704 575 Dongan: Governor, instructions....................................... 108 présents to ....................................... 1683 137 speedy collection of .......................... 1684 165 commission........................................... 1686 177 instructions ........................................ 1686 178 charter granted to New York........................ 1686 177 charter of Albany.................................... 1686 195 Dongan laws...................................................... lllff1052 ' INDEX. Drunkenness: TSAR. PAGE. iaw prokibiting ........................................ 1685 174 Duke of York: first grant to.......................................... 1664 i second grant to......................................... 1674 104 Duke of York’s laws.................................................. 6 absence ......................................................... 7 actions ......................................................... 7 administration .................................................. g amendments to .............................................. 71-100 amerciaments .......................•...^................... 11 appearances .................................................. lf appeals ................................»................... 11 apprisements ......!........................................ 12 arrest ......................................................... 13 assessments ..................................................... 14 assaults ....................................................... 15 attachaient and summons.......................................... 15 attorney......................................................... 16 assizes ......................................................... 16 bayle............................................................ 17 barratry......................................................... 17 ballast ......................................................... 17 bills ........................................................... 17 bond slavery ................................................... 1g bounds .......................................................... 1g brewers ......................................................... 1g births and marnages.............................................. 19 burials ......................................................... 29 capital laws................................................ 20 cattle, corn fields, fences................................. 21 causes...................................................... 24 church ..................................................... 24 church wardens ............................................. 26 charges, public............................................. 26 children and servants....................................... 26 chirurgeons, midwives, physicians............................ 27 constables .................................................. 28 conyeyances................................................. 39 counsel .................................................... 32 condemned ............................... vi courts ...................................................... 27 71INDEX. 1053 Duke of York’s laws — (Continued). defamation ...................... dowry ........................... fast days and thanksgiving....... fees ............................ fornication ..................... forgery.......................... tires ........................... fugitives ....................... horses and wares................. impresses........................ innkeepers....................... Indians ......................... jurors and juries................ justices of peace ............... lands ........................... laws ............................ lieing .......................... 7 marriages .......................... masters, servants ............... military affairs ................ » oaths .............................. officers and offices ............ order to put same in force....... overseers ....................... orphans ......................... payments ........................ pipe staves ..................... possession ...................... precedents ...................... public affairs................... packers, cask and cooper gauger pounds .......................... prisons and stocks.............. public charges ................. records ........................ sales .......................... sheriff ........................ townships ...................... votes .......................... warrants ....................... weights and measures............ YKAR^ PAGE. 32 32 32 ____32-35 35 35 ____ 36 36 ____ 37 ____ 38 39 ____ 40 ____42,71 43 44 44 45 .... 19-45 47 ____ 49-55 ____ 66-70 55 1674 107 55 56 56 56 57 70 58 58 59 .... 59 59 .... 62 62 63 63 64 ____ 66 641054 INDEX. Duke of York’s laws — (Continue*!) : y*ar. p^k. wîtnesses ......................................................65,71 wolves ........................................................... 65 wrecks ........................................................... 66 Duke’s county: érection ............................................... 1683 122 boundaries .............................................. 1691 268 Dutchess county: érection ................................................ 1683 122 boundaries ............................................. 1691 268 act to raise men in, for defense of Albany............... 1692 286 power to elect a supervisor, treasurer, assessors and col- lectors................................................. 1713 800 act for building a county house and prison............... 1715 868 for building county house and prison in.............. 1717 914 for destroying wolves in............................. 1719 1027 to elect supervisors in.............................. 1719 1033 Dutch government: révocation ...................................................... 100 restoration ............................................. 1673 101 Duties. (See Taxes.) E. Eastchester: declared a distinct parich............................... 1700 440 Embezzlements: act for preventing....................................... 1699 409 Estâtes: law for quieting......................................... 1684 154 for supervising intestates*.......................... 1692 300 Excise. (See Liquors.) Executions: régulation of............................................ 1683 134 law to prevent, superseding executions................... 1684 162 F. Fairs: act providing for...................................... 1692 296-9 Fees: confirmation of usual.................................... 1683 134 to be exacted only pursuant to laws of colony............ 1708 623 person acquitted of crime not to pay..................... 1708 623 act establishing, for public officers.................... 1709 638INDEX. 1055 FeneeS: ÏEAE. PAGE. law concerning ........................................ 1684 152 towns may regulate..................................... 1691 225 in Ulster county....................................... 1101 451 act regulating inner, in Albany county................. 1106 605 regulating ......................................... 1114 832 to regulate ferry between New York and Long Island; charges fixed .................................... 1111 925 Firewood: law for cording ......................................... 1684 164 Flatbush: court of sessions removed to............................. 1685 116 Forfeitures: act against unreasonable................................. 1694 326 Forgery: law to prevent ........................................ 1684 148 act against forging foreign coin......................... 1102 521 revived ......................................... 1108 621 partly repealed ................................. 1110 113 Fortifications: act to protect .......................................... 1111 145 (See Albany; Schenectady, etc.) Foxes: act for destruction of, in Westchester county........... 1116 893 for destruction of .................................. 1111 931 Frauds: act to prevent, in conveyances ......................... 1683 141 preventing ......................................... >L699 409 Freeholders: grants, rights, confirmed .................... 1691 224 Frontiers: defense of. (See Albany; Taxes.) G. Game: protection of .......................................... 1108 618 partly repealed ..................................... 1113 181 Government: bill defraying charges ................................. 1683 116 Governor: présents to ............................................ 1683 137 présent to ............................................. 1684 165 nllowance to ......................................... 1692 3081056 INDEX. Grants: first to Duke of York...... second to Duke of York .... Gravesend: removal of court of sessions Guardians: when chosen ............... TSAR. 1664 1674 1685 1684 H. Hawkers. (See Peddlers.) Haverstraw: act to enable, to elect town officers.................. 1719 Hides: act to prevent exportation of raw...................... 1717 Highways: towns may regulate .................................... 1691 repair of, in Ulster county ........................... 1701 act for laying out and maintaining .................... 1703 supplémentai act ................................ 1704 continued ....................................... 1705 explained ...................................... 1708 supplémentai act ................................ 1713 supplémentai act ................................ 1719 for keeping in repair the post road from New York to Kings Bridge ..................................... 1313 Horses: act to prevent small stallions running at large......... 1718 I. ïmmorality: act suppressing ......................................... 1708 Indian: purchase of lands of..................................... 1684 act for better securing the fidelity of the five nations_ 1700 repealed, November 2d............................ 1700 providing for fort, for security of five nations..... 1700 to require persons to pay arrears of tax for......... 1703 explained ....................................... 1704 raising sum for présent to five nations............. 1708 to prevent sale of liquors to, in Albany county...... 1709 revived ......................................... 1709 revived ......................................... 1711 PAGK. 1 104 176 145 1033 991 225 471 532 573 587 632 795 1024 792 996 617 149 432 444 444 557 571 607 657 685 740INDEX. 1057 Indians — (Continued): act to prevent sale of liquor ta, in Albany county. tbar. page. revived ......................................... 1711 751 revived ......................................... 1712 755 appropriating money for présents to the five nations, 1714 814 to encourage trade with ............................. 1714 828 revived ......................................... 1717 917 to prevent sale or gift of liquor to................. 1716 888 to erect houses for accommodation of, at Albany.... 1716 890 Instructions: Dongan’s ................................................ 1686 178 Andros’ ....................................................... 1688 217 Interest: usury act ..................................................... 1717 909 partly repealed ........................................... 1718 1004 Intestates: estâtes of, law for supervising.......................... 1692 300 Islip: act to enable, to elect assessors, etc................... 1710 722 J. Jacob Leisler: regulating damages in disorder under rule of................... 1691 262 repealed .................................................. 1699 386 act for paying debts incurred during révolution of....... 1702 479 Jails: justices of the peace authorized to build and repair..... 1719 1025 Jesuits: act against ................................................... 1700 428 Judges: annual salary for ............................................. 1684 167 Judgments: law to prevent arrests of ..................................... 1684 162 of court of assizes, confirmed................................. 171 Jurors: regulating and returning of good and sufficient................ 1699 387 revived ..........'.................................. 1710 708 revived ................................................... 1719 1021 Justices of peace: act for allowances .......................................... 1683 124 law to prevent absence from courts............................. 1684 150 jurisdiction .................................................. 1691 227 1331058 INDEX. Justices of peace — (Continuée!): ykar. page. jurisdiction ............................................. 1693 303 may nominate assessors and collectors, in case of death.. 1709 677 authorized tô build and repair jails and courthouses.... 1719 1025 K. Kings Bridge: tolls on ................................................. 1713 782 Kings county: érection ................................................ 1683 122 boundaries ............................................... 1691 268 act that collectors pay over money to county treasurer. .. 1712 772 for destruction of foxes and wild cats ............... 1717 931 Kingstown: act for regulating élections of trustées and magistrates.. 1702 488 L. Laborers: law concerning............................................ 1684 157 Lampblack: granting monopoly of manufacture of, to John Parmiter.. 1712 755 revived .............................................. 1717 995 Lands: frauds in conveyances .................................... 1683 141 at what âge may be conveyed............................... 1684 145 purchase from Indians .................................... 1684 149 act vacating and annulling several extravagant grants... 1699 412 repealed ........................................... 1702 524 partition of, held in joint-tenancy or in common.......... 1708 633 continued .......................................... 1715 882 revived and amended .................................. 1718 1006 act for better settlement of; confirmation of title to.. 1710 712 Law: proceedings in, act to regulate........................ 1684 144 act regulating practice................................... 1714 841 Law suits: act to prevent multiplicity of............................ 1714 827 shortening ........................................... 1714 841 Leisler, Jacob: assembly of............................................... 1690 218 act preventing vexatious suits arising from administra- tion of ................................................. 1699 393INDEX. 1059 ^me* YEAR. PAGE. act prohibiting manufacture of, within city of New York, or within one-half mile of city hall.................. 1703 538 Linseed oil: act to enable Lanser to manufacture..................... 1694 339 Liquors: duties on, excise of, fixed.............................. 1699 423 excise of, fixed..................................... 1701 470 act to prevent sale of, to Indians in Albany county..... 1709 657 revived ......................................... 1709 685 revived ......................................... 1711 740 revived ......................................... 1711 751 revived ......................................... 1712 755 laying duty on liquors retailed...................... 1709 662 laying duty on ...................................... 1710 708 continued ....................................... 1711 735 laying an excise on ................................. 1710 785 continued ....................................... 1713 789 relative to...................................... 1713 801 commissioners appointed to let to farm the excise on____ 1714 835 continued ........................................... 1715 872 act to prevent sale or gift of, to Indians............... 1716 888 nominating commissioners to farm the excise of...... 1716 901 for letting to farm the excise of, for five years... 1717 931 duty on importation, see Taxes and the several acts for raising revenue thereunder. Long Island: change of name to “Island of Nassau”..................... 1693 321 ferry to New York, act to regulate....................... 1717 925 M. Magistrates: élection of, in New York ................................ 1702 490 Malt: act encouraging making of ............................... 1700 439 Manor of Livingston: act annexing a portion of, to Albany county.............. 1717 915 Manors: rights confirmed ....................................... 1691 224 Markets: act fixing market days................................... 1692 2961060 INDEX. Marriages : year. page. law concerning ......................................... 1684 130 Masters: law concerning .......................*................. 1684 157 Mayors’ courts: jurisdiction ........................................... 1692 305 Mea sures: established ............................................ 1763 554 Meeting-houses: act to enable towns to build and repair................. 1699 427 Militia: settlement ............................................. 1684 161 law fining persons refusing to serve in, Leisler’s assembly, 1690 219 act settling ........................................... 1691 231 amended ......................................... 1701 454 for better settling, and repealing ail former acts-- 1702 500 act supplémentai ................................ 1703 546 revived ......................................... 1706 591 revived and amended ............................. 1708 611 revived ....................................... 1709 675 revived and amended ............................. 1710 706 revived ........................................ 1711 745 revived ......................................... 1712 778 revived ......................................... 1713 781 revived ......................................... 1715 868 revived ......................................... 1716 887 revived ......................................... 1717 917 revived ......................................... 1718 1001 Minister: in New York, act for maintenance......................... 1703 543 Ministry: act for settling and maintaining......................... 1693 328 explained ....................................... 1705 576 Money: ! act against counterfeiting ................................. 1702 521 ; revived ......................................... 1708 621 partly repealed ................................. 1710 714 to prevent corruption of current coin................ 1708 620 exportation of coin ............................. 1709 678 Mortgages: a law concerning former [Dutch].......................... 1684 169 Mutiny: act to prevent .......................................... 1700 434INDEX, 1061 N. Names of persons: Adolpk, Angenite ............................................. Adolph, Dirk ................................................. Aertsen, Gerret .............................................. Aertsen, Jacob....................................... 459, 485, Allen, John .................................................. Allison, Thomas .............................................. Anderson, Edward ............................................. Anderson, Joskua ............................................. Anderson, William ........................................ 534, Andriese, Lammert ............................................ Andriese, ffemmetie .......................................... Andriese, Enoch .............................................. Andrise, Nicholas............................................. Andros.......................................... 106, 107, 216, Anrnot, John ................................................ Archer, John................................................. Asfordby, William ........................................... Ate, Hendrik ................................................ Atkins, William ............................................. Atwood, William..................................... 469, 486, Babington, Samuel....................................... 756, Bagley, Timothy.............................................. Baily, John ............................................ 257, Baily, Oliver................................................ Baker, John ................................................. Balgge, Edward............................................... Bancker, Evert.......................................... 413, Barberie, John...................... 518, 526, 548, 960, 983, 986, Barns, Catharina.............................................. Barneson, Cornélius .......................................... Bartlet, Isaiah .............................................. Barton, Noah ................................................. Barton, Elisha ............................................... Barton, Roger ................................................ Bastide, Joseph .............................................. Baunt, Peter ................................................. Baxter, Thomas ............................................... Baxter, Captain .............................................. Bayard, Jacobus ............................................ PAGE. 993 951 459 535 1040 967 948 966 768 975 968 970 977 217 970 138 138 964 970 487 966 756 384 976 970 978 535' 993 963 376 971 965 965 971 974 993 485 368 95S1062 INDEX. âmes of persons — (Continued): Bayard, Nicholas 4-13 RQ1 KQA PAGE. 7AO Bayard, Samuel uOlj 1X1 Bayeux, Thomas -LO.L 913 Bayly, Timothy 966 Bayly, Nathaniel 1 966 Baakeman, William 187 Beckengove, Stephen 979 Beeckman, Samuel 978 Beekman, Adrian 630 Beekman, Gerrardus 628, 775, 883, 960 Beekman, Henry Beekman, Johannes 1008 955 Beekman, Tedeus 1034 Beekman, William » 1 ‘-ÎW Bellomont, Countess of -LOO 986 396 Bellomont, Earl of Bennet. John 966 Berian, John Berry, Cornélius J rrOt) 138 Bickley, Major 959 Billup, John 534 Bishop, Thomas 965 Blackhal, Alexander 756 Blagg, Benjamin 384 Blank, Nicholas OUI Blauvelt, Isaac Ooi 796 Bleecker, Jan Janse Bleecker, Buth 947 485 Bleeker, Johannes Bleeker, Rutger *70 1 947 Blood, Andrew 966 Blood, Edmund 756 Blovelt, Johannes : 535 Blycker, John Jansen 138 Boel, Henricus oqq Boel, Tobias *7*7 *7 999 Bodyn, Mary, widow 981 Bogardus, Peter 463 Bogardus, Schibolett 953 Bogardus, William 1036 Boogh, Solomon 965INDEX. 1063 Names of persons — (Continued): Bosch, Justice ........... Boss, John Peterse........ Borgaert, Coenraet ........ Bogaert, Nicolas ......... Bogart, Peter............. Bogart, Willempie U....... Bownç, Andrew ............ Bradock, John ............ Bradford, William......... Braisier, Abraham ........ Brasier, Abraham, widow. Brasier, Henry ........... Bratt, John .............. Bratt, Mary ............... Brestede, Simon........... Broadhead, Charles........ Bront, Daniel Hendrickse ; Breeste, Symon ............ Bries, Mary................ Brodhurst, Jonathan ....... Broeck, Wesselten......... Brockhost, Major ......... Bronck, John .............. Brunk, John .............. Buckhout, Mattys........... Buckhurst, Philip......... Budd, Joseph .............. Burger, Gerrit ............ Burger, Elizabeth ......... Burger, Johannes .......... Burger, Mary .............. Burrows, Edward............ Burnit, Thomas............. Busch, Johannes............ Burt, Samuel .............. Bussey, Robert ............ Byerly, Thomas............. Byrank, Evert ............. Cambors, Thomas ........... Canon, John............... Cannon, Andrew ............ • *••*•>•••11 1111* > i • 11 » * » » 962, 58S, 630, 699, 883, 949, 955, ....................... 257, ........................ 976, 982, 835, 902, 630, 665, PAOB. 956 ' 977 949 974 974 1007 187 955 987 384 977 768 771 771 963 1008 975 951 971 948 138 368 796 535 768 756 990 968 967 962 964 534 756 796 392 968 960 485 138 982 2651064 INDEX. Names of persons — (Continued): Caron, Nicolas............ Cassow, Jacob ............ Catt, Cornélius............ Chambers, Thomas .......... Chambers, William.......... Champanty, John............ Chapman, Richard........... Churchill, Anna........... Churchill, William......... Claessen, Lawrence......... Clarke, George ............ Clark, Thomas ............. Cléments, J............... Clock, Martin.............. Clopper, Naltie........... Clute, John ............... Cock, David............... Cock, Johannes............. Cockeveer, John ........... Codrington, Thomas......... Codwise, John C............ Codwise, Margaret E........ Coe, John.................. Coel, Cornélius ........... Coernan, Andries .......... Coertlandt, Johannes ...... Coerten, Henry ............ Coerten, Minardt........... Cooker, Catharina ......... Coesaert, David ........... Cole, Edward .............. Cole, Elizabeth ........... Colve ..................... Congraves, Gaptain ........ Cooper, Caleb ............. Cooper, Christian ......... Cooper, Helena.............. Cooper, John .............. Corbett, Abraham .......... Corbett, John.............. Corbett, Mary.............. .... 630, 488, 881, .......... 963, 257, 384, 685, ---- 470, 488, .... 960, 985, 265, 535, 265, 257, 384, 257, 685, 836, 902, PAGE. 999 969 974 971 953 897 957 975 841 700 986 368 796 1036 870 973 964 964 963 929 949 949 485 1008 978 961 976 381 954 968 951 951 102 950 911 8*3 951 796 187 911 911INDEX. 1065 Namcs of persons — (Continued): Cornbury, Edward ........................................... 508, Cornel, Cornélius ............................................... Cornell, Peter .................................................. Cornelise, Jacobus .............................................. Cornwall, Pic-h ................................................. Corsen, Cornélius ............................................... Corsen, Jacob ................................................... Cortlandt, Stephenus ............................................ Cortilleau, Peter ............................................... Cortillian, Jacquis ............................................. Coyeinan, Andries .......................................... 052, Crannell, Robert ....................................... 883» Crego, Richard .............................................•••• Crego, Sarah .................................................... Crook, John...................................................... Cross, Anna ..................................................... Cruger, John.................. 770, 819, 822, 83o, 8o3, 902, 942, Cure, John ............................................. 068, Cowenhoven, Jacob ........................................... Cuyler, Henry ............................................... Cuyler, John...................... 600, 629, 686, 689, 699, 703, Cuyper, Cornélius..... Cuyper, John ......... Daniels, Annetie ..... Daniels, John ........ Danielse, David....... Darkins, Robert ...... Davenport, Mary ...... David, John .......... Davis, Edward ........ Daykinck, Gerritt..... D’Boogh, Gerrit ...... De Bruvne, John....... Decker, Eva .......... De Graw, Willem .... De Honeur, John ...... De Casserez, Abraham Decay, Hilligond ..... Decay, Teunisse....... De Graeuw, G arrêt ... Dekey, Helena ........ PAÛB. 628 ' 976 974 979 376 138 485 368 534 265 989 957 869 869 953 979 1020 984 975 918 974 990 485 951 956 969 596 1028 526 968 1036 967 187 971 964 984 999 955 187 839 976 1311066 INDEX. Names of persons — (Continued): Dekey, Jacob us ........ D’Key, Teunis .......... D’Lagranzie, Johannes D’Lagranzie, Omie......................................947, D’Lamatre, Isaac .......................................... De Lancey, Stephen................................ 518, 548, Dellius, Godfrey . Delavall, John _____ D’Groot, John ... Delancy, Peter ... Denham, Isaak ... Detneyer, Nicholas D’Milt, Peter ...... De Myer, William De Pew, John..............................................951, Depeister, Abraham...... 187, 486, 596, 599, 624, 629, 654, 953, 986, D’Peyster, Anna .......................................... D’Peyster, Cornelis ...................................... DePeyster, John ......................... 654, 695, 698, 727, D’Reimer, Isaak .......................................... d’Warham, Eliz............................................ d’Warham, Mary ........................................... De Witt, Boudewyn ........................................ de Yoor, Daniel........................................... Dewsbury, John ........................................... Dingman, Jacob ........................................... Dirkse, Takel............................................. Disborough, Eliz.......................................... Dixon, James.................................................... Drake, John .................................................... Drake, Joseph ............................................. 535, Droillet, Paul ............................................ 526, Du Bois, Jacobus...... Doughty, William ..... Duchain, Jeronimus ___ Duck, Manuell Gantalis Dunbar, James........... Dunbar. John ........ Dury, Joost .......... Duxbury, Elias ......... PAGE. 874 869 917 954 975 955 413 187 982 187 969 187 981 460 974 960 989 958 971 744 958 970 970 485 964 588 955 979 970 984 265 796 902 1008 976 974 970 756 981 974 265INDEX. 1067 Names of persons — (Continued): page. Buyking, Mary, widow ............................................ 978 Dyer, John ............................................. 948, ^68 Dyer, Thomas .................................................... 961 Duykine, Garrit ......................................... 257, 384 Ebbetts, Daniel.......................................... 685, 699 Edsall, Richard ................................................. 978 Elbertse, Aert, children ........................................ 967 Ellison, John.................................................... 630 Embrie, John .................................................... 971 Elmedoys, Conrad ................................................ 459 Elsworth, Clement ............................................... 534 Elseworth, George................................................ 978 Elten, Cornélius ............................................... 1009 Enwoutse, John .................................................. 977 Evano, John, Capt................................................ 414 Evans, John ..................................................... 414 Evans, Thomas .................................................. 967 Faneuil, Benjamin ............................................... 913 Fanevill, Benjamin .............................................. 993 Fauconnier, Peter........................................ 628, 983 Feurt, Barth .................................................... 630 Fielding, Deborah ............................................... 952 Fielding, Nicolas ............................................... 952 ffisher, Elizabeth ......................................,.... 974 Fletcher, Col............................................ 412, 524 Fordham, Joseph ................................................. 138 fforeest, Elizabeth ............................................. 973 ffortune, Jacob ................................................. 975 ffoster, Altie................................................... 976 ffoster, John ................................................... 979 ffrancisco, Peter................................................ 969 Franks, Jacob ................................................... 918 Freeman, Bernardus.................................. 469, 488, 961 French, Phillip ................................................. 476 Fresneau, Andrew................................................. 913 Funda, Jellis ................................................... 979 Funnell, Benjamin ............................................... 948 ffurt, Magdalena ................................................ 954 ffyn, Anna ...................................................... 971 Gansell, John ................................................... 969 Garlands, Thomas ................................................ 7561068 INDEX. Names of persons — (Oontinued): Garton, Anna ................................................ • • Garton, Thomas .......................................... 265, Gasbeeck, Abraham ........................................... Gee, Abraham ................................................ Gerretsen, Adrian ........................................... Gerritse, Adrian................................ 202, 791, 979, Gerritse, Engeltie .......................................... Gerritse, Leger ............................................. Gerritse, Luycass ........................................... Gerritse, Sam’U ............................................. Gibb, Andrew ................................................ Gilbert, Cornelia ........................................... Glen, Johannes S............................................. Godfrey, John ............................................... Goederis, Rebecca ........................................... Goes, Jan ................................................... Goes, Jan Tyse .............................................. Goes, Mathys ................................................ Gold, Nathan ................................................ Goritz, Martin...........................................138, Governeure, Abraham.................. 257, 384, 431, 442, 461, Governeur, Isaac ............................................ Graham, James................................................ Gray, Augustus .............................................. Greceraet, Sarah ............................................ Groundman, Martin ............................ , . .......... Gueliek, Peter............................................... Guelick, Samuel............................................. Haith, John ................................................. Hall, James..........................'....................... Halenbeeck, Jan Casperse..................................... Hallitt, William ............................................ Hanse, Hendrick......................................... 952, Hanse, John, children........................................ Hanse, Joris ................................................ Hansen, Carel................................................ Hansen, Hendrick.............. 449, 485, 601, 624, 728, 789, 870, Hanson, Michael ........................................ 257, Hardenbergh, Japie .......................................... Hardenbergh, Johannes .................................. 836, Hardenbrock, Johannes ....................................... PAGE. 982 1008 989 756 796 1008 964 973 978 990 835 961 796 363 967 982 982 980 1040 265 980 984 187 526 979 756 948 948 796 75G 979 265 978 977 976 989 991 384 975 902 491INDEX. 1069 Names of persons — (Continued): Hardenbrook, Johannes ... Harmensen, Nanning...... Harminse, Naning ....... Harris, John ........... Harris, Walter.......... Harrison, Benjamin ..... Harrison, Francis ...... Hariman, John........... Harvey, Mathiass ....... Haasbroek, Joseph ...... Hasbrook, Abraham ...... Haskoll, John .......... Haynes, William......... Hearing, Cornélius ..... Hearing, Peter ......... Hearst, J .............. Heathcote, Caleb........ Heavyland, Joseph ...... Heeremans, Egbert....... Hebon, Barent .......... Hebon, Johannes ........ Hegerman, Joseph........ Hegeman, Lucresia ...... Hellen, William......... Helmes, Thomas.......... Hemstead, Benjamin ----- Hendcok, Edward ........ Hendrickse, Jacob...... Hendricksen, Ryck ..... Henry, John ............ Heringh, Peter ........ Hermans, Yolkert....... Herring, Peter ........ Hesbo, Barent.......... Hetelyn, Daniel ....... Hickbey, Capt ......... Hicks, Isaac........... Hicks, Jacob .......... Higbon, John, Jr....... Hobart, Josiah ........ Hicks, Isaac .......... PAGE. ............ 967 ......... . 630 ............ 957 .............. 952 ........ 756, 966 .............. 971 ............... 931 ............. 1040 .............. 13S .............. 796 ............... 535 ............... 962 ............... 265 ............... 485 ............... 535 .............. 265 415, 628, 775, 796 ............... 535 ............... 492 ............... 967 ............... 967 ........ 265, 534 ............... 959 ......... 756, 966 ............... 534 ............... 968 ............... 965 ............... 974 ............... 796 ............... 964 ............... 796 ................ 975 ................ 990 ................ 975 ................ 981 ........ 948, 950 ......... 835, 902 ................ 973 ............... 981 ................ 138 ............. 9901070 INDEX. PA gtbs. Names of persons— (Continuée!): Hogan, William ........................................... 965, 982 Hoogland, Adrian ......................................... 983 Hollandt, Henry........................................... Hooglandt, Johannes ...................................... Holeron, John ......................................... Holst, Albertus........................................... Hopkins, William ...................................... Howell, Theophilus........................................ Hudson, Robt ............................................. Humphreys, Tho ........................................... Hunt, John ................................ 950 981 971 971 485 902 970 265 Hunter, Kobt., Governor.................... 750, 753, 761, 896, 959 Hutehins, John.................................... 531, 564, 590 Hybon, Barent ............................................... 959 Ingoldesby, Richard, Col.................................... 95g Ives, Thomi*s ............................................... 939 Jackson, Anna............................................ 964 977 Jackson, John .................................... 138, 534> 79S Jacobse, Cornelis ........................................... 989 Jacobse, Peter .............................................. 977 Jamain, Nicholas ............................................ 951 Jamison, David .......................................... 518 5^ Janse, Hendrick ............................................. 982 Janse, Johannes ............................................. 95g Janse, Lambert .............................................. 973 Jansen, Evert ............................................... 95q Jansen, Hendrick ................................. 257, 384 974 Jansen, John 949 Jansen, Johannes...................695, 902, 923, 942, 949, 962, 991 Jarroet, Allane ........................................ 9g3 Jea, Abraham ........................................... 995 Johnse, Johannes ........................................... 959 Johnson, John .................................................. 985 Johnstone, John ................................................ 999 Johnston, John ................................................. 918 Jones, Daniel .................................................. 99g Jones, William ................................................ 1041 Joost, John .................................................... 138 Jordam, Elizabeth .............................................. 95g Juyans, John ................................................... 138 Keny, Alexander ............................................ 9qqINDEX. 1071 Names of persons — (Continuée!): page. Kettletas, Abraham .............................................. 970 Kettletas, Gerritt .............................................. 970 Keyserick, Reymer ............................................... 974 Kierson, John.................................................... 975 Kip, Abraham .................................................... 948 Kip, Hendricus .................................................. 972 Kip, Jacob................................... 959, 962, 980, Kip, Johannes ............................................ Kirten, William .......................................... Kitchiner, Richard .................................. 756, Knight, Jatu.............................................. Kool, Jacob .............................................. Kuyper, Cornélius .......................................... Lakeman, Abraham..................................... 265, Lakerman, Abraham ........................................ Lammerse, Cornélius ...................................... Langestrandt, Johs ....................................... Rangeait, Cornélius ...................................... Lanser, Isaac ............................................ 990 187 1001 * 966 187 963 973 836 990 1008 969 979 339 Lansing, John ............. La Roach, Thomas .......... Larsîllore, Nicolas ....... Laqueer, Johannes........... Lassing, Catrina .......... Lawrence, Abraham ......... Lawrence, Elizabeth, widow Lawrence, Jacob ........................................... Lawrence, John ............................................ Lawrence, John ....................................... 485, Lawrence, William ................................ 257, 384, Leacock, Robt ........................................ 257, Legg, William.............................................. Leisler, Jacob........................................ 257, Lespinard, Abeltie ................................... 977, Levy, Moses ............................................... Levy, Samuel .............................................. Lewis, David............................................... Lewis, Leend’t ................................... 836, 949, Ldwis, Leonard.................... 431, 442, 461, 902, 923, 974, Lewis, Thomas .............................................. Lispinard, Anthony.......................................... 202 993 974 973 979 965 976 965 138 965 976 384 265 384 978 918 918 965 950 989 1036 9541072 INDEX. Names of p< rsons — (Continued): --- j-----— \ -----------J ’ r-AljrK. Livingston, Gilbert ............................................ 931 Livingston, Philip ............................................. 902 Livingstone, Philip ............................................ 835 Livingston, Robert............. 202, 206, 461, 535, 687, 957, 982, 989 Livingston, Robert, Jr ......................................... 962 Loats, John .................................................... 969 Loo, Matthew ................................................. 966 Lott, Engelbert................................................. 973 Lo vêla ce, Lady ........................................ 697, 949 Low, Matthew ................................................... 756 Lowrier, Belitie ............................................... 956 Lowrier, Mihiel................................................. 956 Loyd, Thomas ................................................... 360 Loysen, Peter .................................................. 969 Ludlow, Gabriel ........................... 677, 685, 841, 883, 960 Lukas, John..................................................... 967 Lurting, Robt......... 596, 630, 655, 695, 698, 727, 744, 819, 822, 870 Luykasse, Claes ................................................ 978 Luykasse, Peter ........................................."... 968 Lydecker, Neltie ............................................... 979 Lyell, David ................................................... 984 Mack Donnell, John ............................................. 971 Manning, Nicholaus ............................................. 534 Mapes, Thomas .................................................. 138 Marius, Peter .............................................. Marston, Johannes .......................................... MarShall, Jarvis ........................................... Marten, Raloffe ............................................ Martin, Hannah ............................................. Matchcraft, Mary ........................................... Matthews, Peter............................................. Mathews, William ........................................... Maurize, Jacob ................................ 257, 384, 979, Mayer, Peter ............................................... May son, Johannes........................................... Mebie, Casparis ............................................ Mennen, Albert ............................................. Merrit, Edward ............................................. Merrit, Jennie ............................................. Merrit, William............................................. Metzeker, Abram ........................................ 491, 265 981 187 138 873 974 951 756 1001 978 981 973 796 967 958 414 964INDEX, 1073 Names of persons — (Continued): Meyer, Andries .......... Meyer, Henry ............ Meyer, Jacob ............ Milbourn, Jacob.......... Minner, Albert .......... Minvielle, David ........ Miserol, Mary ........... Moene, Aeltie, widow ---- Moene, Jacob............. Moll, Abraham ........... Moll, Jacobus ........... Mompesson, Martha ....... Mompesson, Roger......... More, ffrancis .......... Morgan, Charles ......... Morgan, John ............ Moor, William ........... Moins, William .......... Morris, Lewis............ Moryne, Peter ........... Mott, James ............. Mulford, Samuel ......... Mulline, Jacob .......... Myndertse, Frederick Nack, Andries ........... Nack, Jan ............... Nack, Mathys ............ Nagel, Jurian.............. Nanfan, John ............ Nash, John .............. Neau, Elias ............. Neel, ffrancis .......... Newkirk, Jannetse ....... Neckel, Andrew .......... Nicolls, Andrew ......... Nicolls, William......... Nissepat, Jasper ........ Norris, Isaac ........... Norton, George .......... Norwood, Cornelia........ Noxon, Tho .............. PAGE* ............... 978 ............' 969 ............... 981 257, 384, 395, 980 ............... 535 ................ 913 ............ 1028 ................ 977 ............... 912 ................ 768 ................ 981 ........ 883, 960 ........ 685, 840 ................ 973 ............... 973 ............... 485 ................ 756 ................ 138 883, 960, 962, 990 ................ 984 ............... 485 ............... 485 ......... 257 384 ............... 948 ................ 981 ................ 978 ................ 961 ......... 962, 976 ................ 396 ............... 1041 ................ 526 ................ 965 .............. 1008 ................ 756 ................ 966 ......... 376, 989 ................ 526 ................ 363 ................ 630 ................ 984 ................ 965 1351074 INDEX. Names of persons — (Continued): Nys, Johannes .............. Ogden, Susannah ............ Onkelbagh, Gerrit .......... O o sterhout, Lawrence ... Oplenous, Peter............. Pachecoe, Rodrigo .......... Painter, John ................ Palmer, John................ Palmer, John.................. Palmiter, Thomas ........... Parmiter, John ............. Parmiter, Susannah ......... Parker, James .............. Peartree, William........... Peirson, Joseph ............ Pell, John.................. Peltreau, Elias ............ Peltro, Elias .............. Peerce, Kanneke ............ Peerce, Sarah .............. Perret, Mr ................. Perse, William ............. Penlion, Jacob ............. Phénix, Alexander .......... Phénix, Anna ............... Phillipse, Adolph .......... Phillipse, Ambroase......... Phillipse, Frederick......... Pier, Hans ................. Pieterse, Peter ............ Pieret, Pieter.............. Pierson, Nathaniel.......... Pinhorne, William .......... Pit, Jacob ................. Pit, Jan ................... Pitkin, William............. Platt, Epinctis............. Plenier, Cornélius.......... Polam, Cornelis ............ Post, Cornélius................ Post, William .............. PAGE. 968 .............................. 971 ............................... 983 ........................... 1008 .............................. 535 .............................. 919 .............................. 964 .............................. 138 ....................... 265, 1041 ............................... 956 ............................... 755 ............................... 974 .............................. 203 ................... 627, 775, 950 ............................... 534 ....................... 138, 1040 .............................. 979 ............................... 630 .............................. 963 .............................. 963 .............................. 954 .............................. 630 .............................. 534 .............................. 963 ............................. 958 265, 535, 630, 796, 960, 985, 986 .............. 897, 988, 1005, 1023 .............................. 782 ............................. 971 ........................... 1008 .............................. 526 .............................. 265 .............................. 413 ............................... 999 .............................. 999 ............................. 1040 .............................. 138 ....................... 257, 384 ............................... 956 ............ 841, 883, 940, 960 ............................... 974INDEX. 1075 Names of persons — (Continued): Pouillon, Jaques................................................ Pouton, Richard........................................•.... 257, Pretty, Richard ....................................... 202, 257, Provoost, Abraham .............................................. Provoost, David....... 431, 442, 461, 596, 770, 819, 822, 853, 942, 962, 977, 991, Provoost, Johannes ......................................... 257, Provoost, Samuel............................................ 940, PAGE. 485 ,384 384 983 959 1020 384 959 Pruyn, ffrans ............................................ Quackenbose, Peter ....................................... Ray, Richard.............................................. Read, John ............................................... Reade, John .............................................. Realomont, Jacob ......................................... Reed, Lawrence............................... 265, 596, 654, Rees, Johannes ........................................... Remsen, Daniel ........................................... Renslaer, Henry ...................................... 596, Reynders, Barent......................................491, Reyserick, Renyier........................................ 978 948 984 1020 853 965 698 970 982 600 596 962 Richards, Samuel 999 Richardson, William .......................................... Riddenhaes, Abel ............................................. Rieiner, Isaak D.............................................. Riggs, John .................................................... Ringo, Albertus .............................................. Roberson, J .................................................. Robert, Daniel ............................................... Roberts, Thomas .............................................. Robinson, Cornélius .......................................... Robinson, John ............................................... Robinson, John and Margaret .................................. Robinson, Joseph ............................................. Romen, Peter ................................................. Rosevelt, John ............................................... Rosevelt, Nicolas ............................................ Rosie, Jean .................................................. Rosie, John .................................................. Rust, Nicolas ................................................ Rutgers, Harmanus............................................. Rutsen, Jacob.......................................791, 949, 13S 971 953 952 977 265 992 630 375 187 375 965 963 752 983 978 368 982 949 9891076 INDEX. Names 'of persons — (Continued): page. Rutsen, Johannis......................................... 836, 902 Ryckman, Albert......................................262, 265, 978 Ryerse, George.................................................. 982 Ryersen, Gerrit ................................................ 265 Salm, Elizabeth ................................................ 973 Salomon, Jacob ................................................ 970 Sandors, Jacob ................................................. 1^8 Schepmoes, Dirck................................................ 460 Schepmoes, Johannes ........................................... 1608 Schermerhorn, Ryer ........................................ 485, 952 Schuyler, Abraham .............................................. 699 Schuyler, Capt. Arent .......................................... 956 Schuyler, David ........................... 202, 368, 700, 835, 981 Schuyler, John ...................................... 699, 952, 958 Schuyler, Myndert ..................... 600, 655, 699, 702, 796, 895 Schuyler, Peter ........... 202, 265, 370, 761, 949, 950, 959, 960, 961 Schuyler, Phillip ................................... 770, 835, 981 Schuyler, Major ................................................ ^68 Sebring, Cornélius ............................. 431, 442, 461, 990 Sellick, Jonathan ............................................. 1040 Sells, William ................................................. 630 Shadwell, John ................................................. 265 Sharp, César ................................................... 952 Sharpass, William .............................................. 959 Shepherd, Ruth ................................................. 984 Sherlock, Thomas................................................ 966 Sherman, Daniel ............................................... 1640 Shoemaker, Egbert .............................................. 796 Sickeils, Zacharias ............................................ 971 Skillman, Thomas ............................................... 968 Shunemans, Herman .............................................. 981 Sliurmans, ffrederik.......................................... 963 Shute, John, Children........................................... 969 Sickeils, Lammert............................................... 967 Skoute, John .................................................. 950 Skoute, Sarah .................................................. 950 Slingerlandt, Cornelis ......................................... 948 Sloss, John .................................................... 873 Sloughter, Henry ............................................... 221 Sluyck, Antie, Widow ........................................... 970 Smith, George .................................................. 873INDEX. 1077 Names of persons — (Continued): Smith, Joseph............. Smith, Jonathan .......... Soet, Albertie............ Spicer, Samuel ........... Splinter, Abraham ........ Sprag, John .............. Sprong, Gabriel .......... Staats, Abraham .......... Staats, Jacob ............ Staats, Joachim........... Staats, Samuel............ Steel, Sam’l ............. Stevens, Edward .......... Stevens, John ............ Stephenson, John ......... Stephenson, L ............ Stephenson, Thomas ------- Stenwyck, Cornélius .... Stokes, Elizabeth ........ Stoaks, AYilliam ......... Stillwell, John ......... Stillwell, Nicolas........ Stillwell, Richard ....... Stoll, Joast ............ Story, Robt ......... Stuckey, Andrew ......... Suedker, Isaac........... Suydman, Henry .......... Swartwout, Anthony------- Swartwout, Bernardus . Swartwout, Roeloff Swartwout, Thomas Sweam, Barent ........... Swinton, Isaac .......... Symense, ffrederick ... Symons, Gerrit .......... Symonse, Johannes .... Symonse, Yolkert......... Syms, Lancaster.......... Tarbus, Johannus......... Tell, Anna, widow........ PAG K. ......... 257, 384 .............' 265 ............... 9(52 ................ 138 ................ 963 ......... 181, 1041 ................ 974 ................ 948 ................. 965 202, 257, 384, 463 .... 257, 384, 486 .............. 810 ................. 138 ................. 630 ......... 796, 976 ......... 265, 976 ......... 534, 796 .............. 138 .............. 95(5 .............. 96ï .............. 990 ............... 265 ..... 188, 835, 902 .......... 257, 384 ............... 360 ............... 984 ............... 973 ........... 975 ...... 257, 384, 971 ...................... 980 . 257, 384, 980, 1008 .......... 459, 980 ...................... 974 ................ 202 ...................... 974 ...................... 956 ....................... 965 ...................... 981 ........... 630, 956 ...................... 535 .................... 9771078 INDEX. Names of persons — (Continued): Teller, Rachel ............................................. Ten Broek, Johannes ........................................ Ten Brock, Wessell.......................................... Ten Broeck, Wessel ......................................... Ten Eyck, Belitie .......................................... Teneyck, Coonraed .......................................... Ten Eyck, Geertie .......................................... Ten Eyck, Johannes ......................................... Ten Eyck, Matthias ..................................... 981 Tennisen, Dennis ........................................... Tennissen, John ............................................ Terbosh, Johannes........................................... Tenyed, Matthias ........................................... Theale, Joseph ............................................. Theobalds, John ............................................ Thomas, Sophia ............................................. Thomasse, Johs ............................................. Thompson, Gabriel .......................................... Thoorn, John ............................................... Thong, Walter............................................... Tibout, Johannes ........................................... Titus, Teunis .......................................... 999 ^Titworst, William .......................................... Tothill, Jane .............................................. Townsend, Thomas ........................................... Toy, Daniel ....................................... 954, 979_ Treat, Robert .............................................. Trevis, Phillip ............................................ Tudor, Mary ................................................ Turtle, John ... ........................................... Tyse, William .............................................. Van Ale, Johannes .......................................... Van Ale, Lawrence .......................................... Van Ale, William ........................................... Van Arnhem, Sarah .......................................... Van Bleerktim, Johannes .................................... Van Borsum, Wybrugh ........................................ Van Brugh, Johannes.......................................... Van Brugh, Peter................... 449, 600, 703, 728, 789, 796, Van Boskerk, Thomas ........................................ Van Bounnell, Susannah ..................;................... PAG Ko 976 981 265 601 980 911 966 950 1008 265 265 990 265 265 956 971 970 971 961 983 963 974 975 954 138 980 1040 962 961 534 968 979 202 961 963 971 958 187 870 969 969INDEX. 1079 Names of persons — (Continued): Van Brunt, Cornélius........................................ 485, Van Brunt, Joost ........................................... 796, Van Cleek, Barent .............................................. Van Cleif, Geesie .............................................. Van Cliffe, Deirk .............................................. Van Clifft, Baltus ............................................. Van Cortland, Jacobus .......................................... Van Cortlandt, Stephen ......................................... Van Cowenhoven, John Gerritse .................................. Van Dam, Bip............... 431, 442, 461, ol8, 548, 952, 960, 983, Van den Bergh, Hubert........................................... Van der Heul, John ............................................. van der Hoeven, Cornelis ....................................... Vander Lyn, Pieter.............................................. Tan der Pool, Gerrit .............................................. Vander Spiegel, Anna ........................................... Vander Spiegel, Henry ... Van der Water, Benjamin Van Deusen, Abraham . . Van Deusen, Johannes ... Van Doorn, Jacob........ Van Der Veer, Jan ...... Vandewater, Benjamin ... Van der Werf, Maike----- Van Dyck, Hester ffranse Van Dyck, Jacobus ...... Van Dyck, Mary ......... Van Dyck, Orseltie...... Van Dyck, Tiek ......... Van Epps, John ......... Van Gelder, Johannes . .. Van Giesen, Johannes . .. Van Hook, Evert ........ Van Hook, Lawrence------ Van Hoorn, Gerrit ...... Van Hoorn, Rutger ...... Van Horne, John ........ Van Inburg, Guysbert ... Van Jurburg, Gysburg . . Van Loon, John.......... Van Noorstrandt, Aron .. PAGE. 975 975 796 870 768 535 265 949 975 985 967 752 959 1034 976 970 963 969 977 977 971 983 975 964 969 951 971 973 970 138 491 491 491 491 990 963 629 984 491 951 9691080 INDEX. Names of persons — (Continued): Van Noordstrant, Jacob ...................................... Van Ransslaer, Killian........ 370, 535, 655, 699, 796, 895, 952, Yan Rollegum, Catherina...................................... Yan Schaick, Anthony......................................... Van Schaick, Levinus.................................... 202, Van Schoenhoeven, Jacobus ................................... Van Shyven, Iba ............................................. Van Slyck, Cornelis ......................................... Van Slyke, Harmanus ......................................... Van Taerlingh, Jan .......................................... Van Tienhoeven, Susannah .................................... Van Tillbrugh, Peter ........................................ Van Tnyl, Otto .............................................. Van Veurden, Hendrick ....................................... Van Vorst, Jellis ........................................... Van Woghum, Peter ........................................... Van Zant, Johannes .......................................... Veighte, Hendrick ........................................... PÀGK. 491 961 980 952 961 950 964 950 955 1034 067 629 949 980 956 947 1007 485 Verbrakel, Gerrit............................................ 950 Verdon, Jacob ............................................... 975 Vermillion, J........................................... 257, 384 Verplank, Isaac ............................................... 202 Viele, Catharina .............................................. 967 Viele, Elizabeth, widow........................................ 980 Viele, Gerret.................................. 491, 958, 967, 980 Volkertse, Dirk ............................................... 974 Vorklain, Robt................................................ 1040 Vosbrugh, Jacob ............................................... 796 Vroman, John .................................................. 978 Waldron, Johannes ........................................... 491 Waldron, Lammert ............................................ 975 Waldron, Sam’ll ............................................. 967 Waldron, William ............................................ 920 Walters, John ................................................. 699 Walters, Robt........ 486, 596, 630, 654, 695, 698,727, 744, 819, 822 853, 942, 960, 985, 1020 Watts, Robert ................................................. 770 Webber, Wolfert ............................................... 187 Webley, Walter................................................. 138 Weekes, John .................................................. 485 Wells, Phillip ......................................... 138, 1040INDEX. 1081 Names of persons — (Continued): Weemes, Coll. James ..... Wendall, Abraham......... Wendall, Johannes ....... Wendell, Phillip ........ Wenham, Thomas .......... Wessels, Dirick ........ Wessells, ffrans ........ Wessels, Dirk, widow of . Wessellet, Major ..... West, John.............. Westphael, Simon........ Whitebeeck, Johannes----- Whitebeeck, Yolkert...... White, John ............ Whitehead, Daniel ...... Whitehead, Jonathan..... Whitehead, Thomas....... WHckham, Joseph......... WTileman, Henry ........ Willemse, Johannes .... Willemse, Peter ........ Willet, Cornélius....... Willet, Capt. Rd ...... Willett, Capt. Thomas ... WTillet, William........ Williams, George ....... Williams, Thomas........ Williams, Thomas....... Wilkinson, William..... Willse, Marte.......... Wrillson, Ebenezer ..... Wilson, Ebenezer ...... Wynantse, Melgert....... Wyncoop, Evert ........ Wyneoop, Johannis ----- Wynne, ffrans ......... Wyngart, Nicolas....... Woertman, Teunis....... Wood, Susanna.......... Wouterse, Gerrit....... Wright, Sarah ......... P AG K. ......................................... 958 ....................... 770, 958, ' 978 .................................. 202 ...................................... 977 ............ 476, 518, 548, 628, 630 202, 370, 535, 655, 699, 895, 947, 982 .............................. 957 ...................................... 961 ..................................... 368 ............................. 187, 190 ..................................... 971 ..................................... 980 ..................................... 980 ..................................... 947 ..................................... 729 ....................... 729, 957, 976 ............................. 729, 995 ..................................... 796 ............................. 959, 962 ..................................... 981 ..................................... 981 ..................................... 961 ..................................... 596 ....................... 957, 976, 990 ..................................... 990 ..................................... 968 .................*..... 257, 384, 485 .............................. 902, 965 ............................. 756, 966 .................................. 975 .................................. 392 .................................. 976 .................................. 202 .................................. 981 .............. 460 .................................. 979 .................................. 979 .................................. 969 ................................ 963, 975 .................................. 968 .................. 965 1361082 INDEX. Names of persons — (Continued): year. page. Ydeson, Teunis ................................................... 982 Young, Benjamin................................................... 796 Youngs, John..................................................... 1040 Naturalization: act for ................................................. 1683 123 of Protestants of foreign birth...................... 1715 858 naturalizing certain persons......................... 1718 999 spécial act ............................................. 1719 1034 Navigation: law for encouragement.................................... 1684 165 act for encouragement.................................... 1715 866 Negroes. (See Slaves; Taxes.) New York: Dongan’s charter ........................................ 1686 181 buildings, streets, lanes, wliarves, etc., in............ 1691 269 jurisdiction of mayors’ courts........................... 1692 305 ministry in, act for settling............................. 1693 328 explained ........................................... 1705 576 act to enable, to relieve poor........................... 1695 348 to pay debts, erect public buildings, etc............. 1699 425 taxes and duties in ...................................... 1701 449 act declaring and explaining liberties of, in relation to the élection of magistrates................................. 1702 490 better support of poor in................................. 1702 507 act to enable, to raise money for necessary charges...... 1702 514 to supply vacancies in elective offices............... 1702 515 establishment of grammar free schools..................... 1702 516 act to enable French Protestants to build larger church in, 1703 526 prohibiting distilling of rum or manufacture of lime within one-half mile of city hall................... 1703 538 for maintenance of minister in........................ 1703 543 Church of England in, relative to......................... 1704 564 act to enable mayor, etc., to carry on fortifications..... 1706 592 raising 3,000 pounds for fortifying................... 1706 593 to enable mayor, etc., to raise 600 pounds for neces- sary charges ......................................... 1708 625 to oblige inhabitants to make good their quotas of taxes ........................................... 1715 877 to enable mayor, etc., to raise 500 pounds for altering sewer in Broad Street............................... 1717 907 ferry to Long Island, act to regulate...................... 1717 925 (See New York county.)INDEX. 1083 New York county: YEAR. PAge. érection ............................................... 1683 121 boundaries.............................................. 1691 268 Nicolls: proclamation reyoking Dutch government................. 1665 100 O. OU: act to encourage the making of linseed oil............. 1712 752 Orange county: érection ............................................. 1683 122 boundaries ............................................. 1691 268 act to compel owners of unimproved land to pay taxes.. 1701 473 to détermine bounds of............................... 1709 686 for destroying wolves in............................. 1715 878 to enable Haverstraw to elect town officers.......... 1719 1033 Orphans: law concerning ...................................... 1684 154 Oysters: act for preserving................................... 1715 845 P. Pardon: of persons Active in disorders ......................... 1691 255 act indemnifying certain person excepted from pardon of 1691 ........................................... 1699 384 Partition: of lands held in joint tenancy or in common............. 1708 633 continued ........................................... 1715 882 revived and amended ................................. 1718 1006 Peddlers: act for licensing....................................... 1714 805 revived ............................................. 1718 999 Perjury: act to prevent ......................................... 1683 129 Pilotage: act settling ........................................... 1694 324 establishing ........................................ 1718 10011084 INDEX, XÜ.AK. J/AWIS. act to punish............................................ 1692 279 for punishing........................................ 1699 389 Poor: act for maintenance...................................... 1683 131 for maintenance ..................................... 1691 237 repealed in part..................................... 1701 456 explained and amended................................ 1703 539 relief of, in New York ................................ 1695 348 act for more effectuai maintenance...................... 1701 456 better support of, in New York city...................... 1702 507 Porpoises : monopoly of fishery of, granted to De Graeuw............ 1714 839 Post-office: law encouraging.......................................... 1692 293 continued ....................................... 1695 346 eontinued............................................ 1699 410 continued ........................................... 1702 525 continued ........................................... 1705 580 act for encouragement ................................... 1708 612 Priests: popish, act against ..................................... 1700 428 Privateers: act to restrain.......................................... 1692 279 to restrain ......................................... 1699 389 Proceedings: in law, act to regulate.................................. 1684 144 judicial, act continuing ................................ 1702 522 Process: act continuing .......................................... 1702 522 Proclamation: Nicolls, revoking Dutch government....................... 1665 100 of Andros.............................................. 1674 107 Province: division into counties................................... 1683 121 Provisions: act relative to transportation of 1.................... 1709 63? Public charges:. act for defraying........................................ 1683 131INDEX. 1085 Q. Queens county: yKAR érection ................................................ 1683 .boundaries ........................................'.T,... 1691 act for settling ministry in............................. 1693 explained ........................................ 1705 to prevent damages by swine........................... 1708 revived ........................................ 1714 to enable supervisors to repair or rebuild a county hall and jail ........................................... 1708 for destruction of foxes and wild cats................ 1717 to prevent rams running at large in Hempstead........ 1719 R. Rams: act to prevent running at large in Queens county........ 1719 Real estate: law for quieting title ................................. 1684 (See Lands.) Renslaerwrck, Manor of: act for defraying expenses of........................... 1705 to defray necessary charge.......................... 1706 Représentatives : allowance .............................................. 1683 allowance .............................................. 1691 act regulating élections of............................. 1699 repealed ......*.................................... 1702 élections of............................................ 1701 allowance to ........................................... 1701 number increased ..................................... 1702 Revenue laws. (See Taxes.) Richmond county: érection ............................................... 1683 boundaries ............................................. 1691 act for settling ministry in ........................... 1693 explained ...................................... 1705 to compel owners of unimprovcd land to pay taxes.. 1701 for building county jail and county house in........ 1704 to prevent damages by swine......................... 1708 revived ....................................... 1714 for collecting arrears of taxes..................... 1714 highways in............................................. 1719 PJlGE. 122 268 328 576 616 811 621 931 1029 1029 154 584 603 * 121 239 405 524 452 466 478 122 268 328 576 473 573 616 811 809 10241086 INDEX Rights and privilèges: YEAR. PAGE. what are ................................................ 1691 244 Ri vers: casting ballast in....................................... 1684 167 Roads. (See Highways.) Roman Catholics : act against priests and Jesuits.......................... 1700 428 Rum: act prohibiting distilling of, near city hall in New York.. 1703 538 (For duties on importation see “ Taxes,” under various revenue acts.) Rye: support of parish church...............,................. 1719 1039 S. Sabbath. (See Sunday.) Schenectady: act for repairing fort at................................ 1701 474 to furnish town guard with firewood, and to repair guard- houses and gates....................................... 1706 601 act for repairing fortifications at ..................... 1710 717 appropriation for defense of............................... 1711 750 act for better repairing fortifications.................... 1712 773 for repairing fortifications ........................... 1715 879 for allowance to représentatives of..................... 1717 921 for allowance to représentatives of..................... 1718 99? for raising sixty ounces of plate for.................... 1719 1032 Schools: establishment of grammar, in New York City................. 1702 516 Seamen: act for encouragement and protection....................... 1695 345 encouraging ............................................ 1700 438 revived ............................................ 1709 680 restricting the granting of crédit to, by tavern- keepers, etc .......................................... 1715 866 Servants: fugitives, law relating to ................................ 1684 147 law concerning............................................. 1684 157 Settlement: act of..................................................... 1683 136INDEX. 1087 Sessions: year. page. court of, law for executing the judgment of............... 1684 163 altering time of, in Westchester ......................... 1684 169 removal from Gravesend to Flatbush........................ 1685 176 establishment and jurisdiction............................ 1691 227 jurisdiction ............................................. 1692 304 Slieep: act encouraging return of, to owners...................... 1718 1003 Slaves : law concerning ........................................... 1684 157 duties levied on ......................................... 1702 484 act regulating ........................................... 1702 519 revived and continued............................. 1705 588 revived ........................................... 1719 1023 to prevent running away of, from Albany............... 17U5 582 revived ........................................... 1715 880 to encourage baptizing of ............................ 1706 597 not to be witnesses ...................................... 1706 598 act to prevent conspiracies of............................ 1708 631 duties on tlie importation of............................. 1709 675 relative to .......................................... 1709 684 , continued and amended ............................... 1710 714 ; amended ............................................. 1711 736 * act for preventing and punishing conspiracy and insurrec- tion of ..................................................... 1712 T61 explained ............................................ 1717 922 duties on ................................................ 1714 803 not to sell oysters ...................................... 1715 845 relative to duties on..................................... 1716 899 duty on................................................... 1718 1012 (For duty on importation, see Taxes, and the several acts for raising revenue thereunder.) Soldiers: act to prevent désertions................................. 1699 417 to prevent désertions ................................ 1700 43c South Carolina: act relieving inhabitants from import duties for six months ................................................. 1715 884 Specialties: assignments .............................................. 1684 153 Staten Island: érection of batteries on.................................. 1703 55C1088 INDEX S tallions: YEAR. act to prevent small, running at large, and to geld ail horses undersized...................................... 1718 Suffolk county: érection ................................................ 1683 boundaries ............................................ 1691 act to enable Islip to elect two assessors, collector, con- stable and super visor .................................. 1710 for raising arrears due to forces raised for expédition against Canada..................................... 1712 for destruction of foxes and wild cats............... 1717 Suits: act preventing vexatious, arising from Leisler’s adminis- tration .................................................. 1699 repealed ............................................ 1702 Sunday: law against breaking.................................... 1685 act against profanation of............................... 1695 Suprême Court: establishment and jurisdiction .......................... 1691 jurisdiction, terms, etc ................................ 1692 Swearing: law prohibiting......................................... 1685 an act to ease persons that are scrupulous............... 1691 Swine: act to prevent damages by................................ 1683 law concerning .......................................... 1685 act to prevent damages by, in Westchester, Queens and Richmond counties.................................. 1708 revived.............................................. 1714 T. Taxes: law imposing ............................................ 1684 laws of 1690, Leisler’s assembly ........................ 1690 for support of poor .................................... 1691 act explained ....................................... 1703 law raising 2,000 pounds for maintaining 100 fusileers__ 1691 necessary charges in Albany ............................. 1691 law of 1691.............................................. 1691 certain, to be paid over to Governor..................... 1691 996 122 268 722 753 931 393 524 173 356 229 306 174 257 134 177 616 811 170 218 237 539 239 243 248 253INDEX. 1089 Taxes - (Continued) : PAj0H. law of 1692 for defraying necessary charges.............. 1692 287 continued ............................................ 1693 325 continued and amended ................................ 1699 419 continued ............................................ 1702 517 for allowance to Governor................................ 1692 308 act for paying debts of government....................... 1692 312 continued ............................................ 1694 331 continued ....................................»..... 1694 342 continued .......................................... 1696 367 for raising 6,000 pounds to pay 300 men for defense of Albany ................................................. 1692 315 duties on goods brought into their majesties beam........ 1693 322 act for raising 1,000 pounds............................. 1695 352 raising 864 pounds, 15 shillings for maintaining com- pany of fusileers under Major Schuyler................ 1695 354 for raising 700 pounds................................ 1695 358 for paying 120 men for defense of province............ 1696 364 for raising 100 men for defense....................... 1696 369 for raising a yearly rate to pay collectors........... 1697 379 raising fund for allowances to Governor and Lieu- tenant-Governor .................................... 1699 396 an act raising duty for defraying debts.................. 1699 403 in New York city........................................ 1701 449 act granting additional duties .......................... 1701 467 continued ........................................ 1702 487 for paying debts of government, incurred during Leisler’s administration ........................... 1702 479 to raise 1,800 pounds for raising and paying 150 fusileers ...................................... 1702 493 a portion refunded ............................... 1708 627 relative to ...................................... 1712 775 raising 2,000 pounds for a présent to the Governor.... 1702 508 raising 1,500 pounds for two batteries at the Narrows, 1703 350 raising 1,300 pounds for employing 100 men for defense of frontiers................................ 1703 562 to raise sum for defense of frontiers................. 1706 598 raising fund for defense of frontiers................. 1708 607 to raise 253 pounds, 16 shillings to discharge Lord Cornbury from his contra et. with Mr. Hansen...... 1708 624 for defraying necessary charges ...................... 1708 628 levying 6,000 pounds.................................. 1709 654 1871090 INDEX. Taxes — (Continuée!) : YEAR. PAGE. act levying 4,000 pounds................................. 1709 669 for defraying necessary charges....................... 1709 682 for levying 10,000 ounces of plate.................... 1709 693 arrears, act to collect................................ 1710 720 act for levying 10,000 pounds............................ 1711 730 to raise 2,855 ounces of plate ....................... 1711 746 to compel manors in Westchester county to pay arrears of ......................................... 1711 751 'Collection of dues in arrears........................... 1712 757 act for supply to be granted to lier majesty; duties on imports, etc ....................................... 1713 779 laying a duty on goods sold at auction, vendue or outery ............................................. 1713 789, duties on imports, etc., levied........................... 1714 801 explained ............................................ 1716 898 act for a supply to be granted to her majesty............ 1714 812 duties levied on imports and exports...................... 1715 847 explained ............................................. 1718 1010 act relieving inhabitants of South Carolina from import duties for six months ............................... 1715 884 compelling vessels to pay a certain duty............... 1716 898 explained ............................................. 1718 1010 duty on goods sold at auction............................. 1717 904 revived ............................................... 1719 1021 act levying duties, etc., to pay debts of government... 1717 938 supply granted to his majesty; duties on imports and exports, slaves, etc .................................... 1719 1013 act laying duty on importation of empty casks............. 1719 1022 Tonnage: act declaring sloop of Jacob Moene free from duty of___ 1717 912 declaring sloop Good Intent free from duty of....... 1717 913 exempting the Pink Charlotte from duty of.............. 1717 918 exempting sloop of Col. Johnston’s from duty of.... 1717 918 exempting the Leghorn, from duty of.................... 1717 919 exempting the sloop Mary and Hannah from duty of, 1717 920 Towns : rights confirmed ......................................... 1691 224 may regulate highways, fences, etc........................ 1691 225 act to enable, to build and repair meeting-houses and public buildings ......................................... 1699 427INDEX. 1091 Trade: ykar. page. law for encouragement ................................. 1684 165 Trespasses: act preventing ........................................ 1699 401 U. Ulster county: érection .............................................. 1683 122 boundaries ............................................ 1691 268 act to raise men in, for defense of Albany............. 1692 286 fences in ............................................. 1701 451 highways and roads in, repair.......................... 1701 471 destruction of wolves.................................. 1701 472 Kingston in, act for regulating élections of trustées and magistrates .......................................... 1702 488 act to oblige, to pay debt to Rutsen and Gerritse...... 1713 791 for repairing county house and prison.............. 1715 871 for preserving deer ............................... 1716 888 for settling the boundaries of certain grants in Marble Town ..................................... 1718 1008 Usury: act restraining taking of.............................. 1717 909 partly repealed.................................... 1718 1004 y. iTacancies: act to enable New York to supply, in elective offices.. 1702 515 Vagabonds. act preventing......................................... 1683 131 to prevent ........................................ 1691 237 repealed in part .............................. 1701 456 explained and amended.......................... 1703 536 Vessels: duty on tonnage ....................................... 1709 675 relative to ..................................... 1709 681 continued and amended.............................. 1710 714 amended ........................................... 1711 736 to pay a certain duty.................................. 1716 898 explained ......................................... 1718 10101092 INDEX. w. Weights and measures: TEAR. PAGE. established............................................ 4793 55^ Westchester, Burrough of: allowance to burgess of.................................. 4795 q Westchester county : erectlon ............................................... 1683 1TJ. time of sessions in, changed............................. 4934 709 boundaries .............................................. 4994 268 act for settling ministry in............................. 7093 328 explained.......................................... 1705 57(i Eastchester in, declared a distinct parish............... 4799 449 destruction of wolves ................................... 4794 472 act to compel owners of unimproved land to pay taxes.... 1701 4 f3 to prevent damages by swine.......................... 479^ 943 revived.......................................... 1714 83. to compel manors in, to pay arrears of taxes......... 1711 751 for destruction of wolves and foxes.................. 4740 §93 support of parish church of Rye...........................4749 4039 Whales : cast on shore............................................ 1699 409 Whaling: act for encouragement of................................. 4708 610 reyived ............................................ 1716 gg7 Wild cats: act for destruction of................................... 1708 618 partly repealed ................................. 4743 78I for destruction of ................................ 1717 931 Wills: probate of............................................... 1692 300 Wolves: bounties ........................................•...... 1683 133 act for destruction of................................... 1692 272 for destruction of, in Westchester and Ulster counties, 1701 472 for destruction of................................... 1702 497 for destruction of................................... 1708 618 partly repealed ................................. 1713 781 for destroying, in Orange county..................... 1715 878 for destruction of, in Westchester county............ 1716 893 destruction of, in Dutchess county....................... 1719 1027 Woods: act to prevent burning of................................ 1710 716