:
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VERITAS
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SI-QUAERIS PENINSULAM AMOENAM
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STATE OF NEW YORK.
OFFICE OF THE
COMMISSION OF STATUTORY REVISION.
Albany, October 14, 1897.
Librarian Univer. Wich. Litrany,
Dear Sir:
Ann Harbor, Ninh.
In 1891 the Legislature directed the Commissioners of Statutory Revision to republish
the Laws of the Colony of New York. Many of the colonial laws had been previously pub-
lished by private enterprise, and in a fragmentary way, but this was the first attempt at a com-
plete publication of colonial legislation. The commissioners began the work at once, and
prosecuted it as diligently as circumstances would permit, taking into consideration the character
of the work and their duties in connection with the general revision of the laws of the State.
The task of copying and compiling the colonial laws was a slow and difficult one, involving a
careful examination of early manuscripts, and requiring most exact attention.
The original
law provided for a limited distribution, but as the work progressed, and its importance
and value became more manifest, it seemed to the commissioners that the range of distribution
should be extended. A bill was accordingly prepared, amending the original law, and providing
for a wider distribution. This bill was passed, and became chapter 400 of the Laws of 1897.
It charged this commission with the duty of distributing copies of the laws to various libraries,
educational institutions, the members of the legislature, and to State, department and other
officers. We have also made a further distribution, including historical and colonial societies,
and public libraries, where the people generally may have access to the work. These books
contain invaluable historical records of the earliest period in our history, and present an inter-
esting field for the study of the political and judicial development of the colony, and also the
social conditions incident to pioneer life. We have sent sets of the laws to several prominent
educational institutions outside the State, and through the medium of the State Library a
further distribution will be made to each State in the Union, and to several foreign countries.
A set of the laws has been sent to your address. For the purpose of preserving a record
of the distribution, and of aiding us in presenting to the legislature a proper report concerning
the trust committed to us, we hope you will do us the favor to sign and return to this office the
inclosed receipt.
Very truly yours,
Read. Oct. 18, 1897
CHARLES Z. LINCOLN,
WILLIAM H. JOHNSON,
A. JUDD NORTHRUP,
Commissioners.
350.979
N7
124
EXPLANATORY NOTE.
vii
The laws subsequent to chapter 63, except where otherwise
stated in the note at the beginning of the chapter, have 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 have come
to the observation of the Commissioners. Under the subject title in
the index, every revival, continuation, explanation, amendment or
repeal of an act has been indicated, and it is believed that the his-
tory of a particular subject of legislation 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 legislation
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 legislature, except as affected by amend-
ment or subsequent 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 representative government in the colony.
1
HISTORICAL NOTE.
[By ROBERT C. CUMMING.]
Verrazano, 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, however, by the
French government, to occupy the territory nor to claim sovereignty over
it, and whatever rights may have 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 immediate attempt was made by the States General to
appropriate the territory. For several years trading vessels were 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 privilege from the first of January, 1615, to
frequent the newly-discovered Iands "situated in America between New
rance 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 preservation of the places, keep-
ing good order, police, and justice, and in like manner for the promotion
ii
X
HISTORICAL 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 all 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 have made with the aforesaid
princes and nations; and likewise the situations of the fortresses, fortifi-
cations, and settlement by them taken."
Saving, that they have 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 have been lost, but a large number have 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 considerable 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 of
HISTORICAL NOTE.
xi
international law. On the other hand if the Dutch 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, Charles II, on the 12th of March, 1664,
granted to his brother, the Duke of York, 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 all 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, ordinancés and proceed-
ings be not contrary to but as near as conveniently may be agreeable to
the laws, statutes and government of this our realm of England." The
charter further empowered the Duke of York to appoint governors and
other officers, 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
York by a commission from the Duke of York, the original of which seems
to have been lost, but which undoubtedly conferred upon him in sub-
stantially the same terms, the powers of local government within the
ovince, 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 concerning inheritances; the confirmation of
judgments rendered and the right to appeal therefrom to the States Gen-
eral; the continuance of the present officers until the election of new
ones; the determination according to the manner of the Dutch of differ-
ences of contracts and bargains made before the capitulation; the enjoy-
ment of property and the disposal of the same at pleasure. [For full
text of treaty, see Revised Laws, 1813, appendix I.]
Almost the first step taken by Nicolls after his arrival was to create from
the English portion of the province, consisting of Long Island, Staten
xii
HISTORICAL NOTE.
Island, and Westchester county, the shire of Yorkshire, dividing it into
three districts or “ridings." The government of the shire consisted of 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 governor's
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 became the general court of the province.
Two days after the surrender of New York, Governor Nicolls in a letter
to Captain Young promised that “ Deputys shall in convenient time and
place, be summoned to propose and give their advice in all 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 prepare, 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.]
(6
Until the “Duke's Laws" became 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.
xiii
Governor Nicolls took independent action as to the city of New York,
however, and, by proclamation dated June 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 petition 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 required 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 arrival.
New York was re-taken by the Dutch on July 30, 1673, and 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 have 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
HISTORICAL NOTE.
ކ
By commission, dated July 1, 1674, Edmund Andros was appointed
governor of the province, and was empowered by his commission "to
performe and execute all 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 you to put in execution
such laws, rules and ordrs as you find have 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 all, as if
such alteracon or new law never had been prmitted." [Doc. Rel. to Col.
Hist. of New York, 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 arrival 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 again 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. 107.1
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 petition and otherwise, some form of repre-
(sentative assembly. As free born Englishmen the principle of no taxation
without representation, 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 Revolution. That the demand of the
people for a representative assembly had reached the ears of the Duke of
York, is evident from a letter written to Governor Andros on April 6, 1675,
in which the Duke said:
'First yn, touching General Assemblyes wch ye people there seems
desirous of in imitacon of their neighbour Colonies, I thinke you have done
well to discourage any mocon of yt kind, both as being not at all com-
prehended in yr Instructions nor indeed consistent wth ye forme of
government already established, not necessary for ye ease or redresse of
HISTORICAL NOTE.
XV
any greivance yt may 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 present, who in
all probability would be theire Representatives 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 have formerly writt to you touching Assemblyes in those countreys
and have 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 consequence, 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 governmt 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 according to ye laws
established (thereby preserving every man's property inviolate) and
whilst all 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 representative 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 have thought fitt that there shall be a genll As-
sembly of all 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 representatives "in the Generall Assembly to be held at New York
October ye 17th, 1683." Each riding on Long Island was entitled to two
xvi
HISTORICAL NOTE.
representatives; 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 representatives thus elected met
in General Assembly, and constituted the first representative 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. All 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 adjourn and dissolve the
same, as he saw fit. [See copy of Instructions relating to Assembly,
pp. 108-9.]
At this session fifteen Acts were passed which received the signature
of the Governor. Of the acts passed at this session of the Assembly
fourteen, or all 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 legislature adjourned, enacting
That according to the usage, custome and practice of the Realme of
England, a Sessions of a General Assembly be held in this province once
in three years att least."
The second meeting of the legislature 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 expedient to dissolve the present 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 elections of
representatives 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 legislation 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
Libertyes and priviledges granted by his Royal Highnesse to the in-
habitants of New Yorke, and its dependansyes," whereby the represen-
tatives attempted to confirm by legislation, the liberties and privileges,
HISTORICAL NOTE.
xvii
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 representatives, although receiving the assent of the.
governor, did not meet with favor from the Duke of York, and was
vetoed March 3, 1684.
It was with great reluctance, 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 privileges
only tended to increase his prejudice against representative 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 advice 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 Declare Our Will & pleasure
that ye said Bill or charter of Franchises bee forthwith repealed & dis-
allowed." (This was the charter of Liberties and privileges, which had
already been vetoed.) The instructions further provided that all 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 all the branches
of the revenue & all other laws that have 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 March 17, 1687, was passed a "Bill to
prevent frauds." At a council
council held
held June 14,
June 14, 1687, were passed
“Bill for raising of 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 Estates of ye ffreeholdrs & Inhabitants of ye Kings, Queens,
Dukes & Dutcheses Countys the Countys of Richmond, Orange, West-
iii
xviii
HISTORICAL NOTE.
chester & Suffolk." At a council held September 2, 1687, was passed
Bill to Raise one halfe penny per pound off all persons Estates 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 11th, 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. All the counties except Suffolk
chose representatives. 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 all Real and
personal visible estate of all 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 all persons within this province
HISTORICAL 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 Depart the city or Countys aforesaid without spetiall
Lycense of the said Authority or Carry out of or transport from said
places any Wares or Merchandises 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 arrival 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 arrival in New
York, writs for the election of representatives to the new Assembly were
issued. Pursuant to this call the new Assembly met April 9, 1691, and
from that date until the Revolution, the representatives of the people in
General Assembly participated in the making of laws for the government
of the Colony.
There has been considerable discussion as to whether the laws and
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 Subjects
within this Province, are reported amor gst the people, to be still in force.
Resolved, Nemine Contradicente, That all the Laws consented to by the
General Assembly, under James, Duke of York, and the Liberties and
Privileges 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 legislation. In fact the laws and statutes
theretofore passed are expressly recognized as of force 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 semblance 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.
66
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 have full force and
effect. The governor was given a negative voice in the making and pass-
ing of all 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 laws until the Revolution.
Theoretically the government 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
together 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 have seven members in it.
•
HISTORICAL NOTE.
xxi
Vacancies 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.]
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. Vacancies were to be
filled by the crown, from twelve persons nominated by the governor.
The governor was given the power of suspension, but all 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. Vacancies 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
council 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 Legislature, 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 present.
Confusion has sometimes arisen in the use of the terms "Assembly " and
“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 Revision 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 present commis-
sioners assumed the duties of their office early in the year 1895, they
found that 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. All 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 Grace Dorn, 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,
Frank B. Gilbert, William O'Connor, Mary L. Waite and Mabel
Dorn have 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 special charge of the work. He examined every available
source of information, in an effort to furnish an accurate reprint of
the early legislation, and also used great care in the preparation 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 complete history of colonial legislation in New York, and are
an invaluable addition to the legal literature of the State.
ALBANY, October, 1896.
CHARLES Z. LINCOLN,
WILLIAM H. JOHNSON,
A. JUDD NORTHRUP,
Commissioners.
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 the Secretary of State in vol. 1 of patents, 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 legislature May
28, 1873. Words interlined in the origina¡ parchment are here inclosed in
parentheses.]
66
Charles the Second By the grace of God King of England
Scotland ffrance and Ireland defender of the ffaith etc TO
ALL to whom these presents shall come Greeting KNOW YEE
that wee for divers good Causes and Consideracons us there-
unto moveing HAVE of cur especiall grace certaine knowledge
and meere mocon given and Graunted And by these presents
for us our heires and Successors Doe give and Graunt unto
our dearest Brother James Duke of Yorke his heires and
Assignes ALL that part of the Mayne land of New England
beginning att a certaine Place called or knowne by the name
of St. Croix next adyoyneing 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 all that İsland or Islands comonly called by
the severall name or names of Matowacks or 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, alsoe with the
said River called Hudsons River and all the land from the
west side of Connectecutte River to the East side of De la Ware
Bay. And alsoe all those severall Islands called or knowne by
the names of Martin Vinyards and Nantukes otherwise Nan-
tukett Together with all the lands Islands Soyles Rivers Har-
bours Mynes Mineralls Quarries Woods Marishes Waters
Lakes ffishings hawking hunting and ffowleing and all other
Royalties proffitts. Comodities and hereditaments to the said
2
LAWS OF THE COLONY OF NEW YORK.
severall Islands lands and premises belonging and appertaine-
ing with their and every of their appurtenncs AND all our
Estate right title interest benefitt advantage Clayme and
demaund of in or (to) the said lands and premisses or any
part or parcell thereof AND the Revercon and Revercons
Remaynder and Remaynders together with the yearely and
other the Rents Revenues and proffitts of all and singuler the
said premisses and of every part and parcell thereof To HAVE
AND TO HOLD ALL and singuler the said lands Islands
hereditaments and premisses with their and every of their
appurtenncs hereby given and Graunted (or herein before men-1
coned to bee given and granted) unto our said dearest Brother
James Duke of Yorke his heirs and Assignes for ever To the
only proper use and behoofe of the said James Duke of Yorke
his heires and Assignes for ever To bee holden of us our
heires and Successors as of our Manor of East Greenwich in
our County of Kent in ffree and Comon Soccage and not in
Capite or by Knights Service YEILDING AND RENDERING
And the said James Duke of Yorke Doth for himselfe his
heirs and Assignes covenant and promise to yeild and Render
unto us our heires and Successors of and for the same yearely.
and every yeare ffortie Beaver Skynns when they shall bee
demanded or within Nynety days after AND WE DOE FUR-
THER of our especiall grace certaine knowledge and meere
mocon for us our heires and Successors give and Graunt unto
our said dearest Brother James Duke of Yorke his heires Dep-
utyes Agents Commissioners and Assignes by these presents
full and absolute power and authority to Correct punish
Pardon Governe and Rule all such the Subjects of us
our heires and Successors as shall from tyme to tyme
Adventure themselves into any the parts or Places afore-
said or that shall or doe att any tyme thereafter Inhabite
within the same according to such Lawes Orders Ordinances
direccons and Instruments as by our said dearest Brother or
his Assignes shall bee established And in defect thereof in
Cases of necessitie according to the good discreccons of his
Deputyes Commissioners Officers or Assignes respectively as
well in all Causes and matters Capitall and Criminall as Civill
both Marine and others SOE ALLWAYES as the said Statutes
Ordinances and Proceedings bee not contrary to but as neare
as conveniently may bee agreeable to the Lawes Statutes and
Governement of this our Realme of England AND SAVEING
and reserveing to us our heirs and Successors the receiveing
heareing and determineing of the Appeale and Appeales of all
or any Person or Persons of in or belonging to the Territories or
ว
LAWS OF THE COLONY OF NEW YORK.
3
t
Islands aforesaid in or touching any Judgment or Sentence to
bee there made or given AND FURTHER that it shall and may
bee lawful to and for our said dearest Brother his heires and
Assignes by these presents from tyme to tyme to Nominate
make Constitute Ordeyne and Confirme by such Name or Names
Stile or Stiles as to him or them shall seeme good and likewise
to revoke discharge Change and alter as well all 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 all manner 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
Realme of England butt as neare as may bee agreeable there-
unto And the same att all 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-
ing 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 grace certaine knowledge and meere mocon
Graunt Ordeyne and Declare That such Governors Officers and
Ministers as from tyme to tyme shall bee authorized and
appointed in manner and forme aforesaid shall and may have
full power and authority to use and exercise Marshall lawe in
cases of Rebellion Insurreccon and Mutiny in as large and ample
manner as our Leiftennants in our Countyes within Our Realme
of England have or ought to have by force of their Comission
of Leiutennancy or any lawe or Statute of this our Realme
AND WEE DOE further by these presents 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 any part and parcell thereof And to have
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 virtue of and according
to the true intent and meaneing of these presents and under
4
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 grace 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 presents that itt shall
and may bee lawfull to and for him them or any of them att all
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 all such and soe many of
our loveing Subjects or any other Strangers being not pro-
hibited or under restraint that will become our loveing Sub-
jects and live under our Allegiance as shall willingly Accom-
pany them in the said Voyages Together with all such Cloathing
Implements ffurniture 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 Realme AND WEE DOE
alsoe for us our heires and Successors Graunt to our said
dearest Brother James Duke of Yorke, his heires and Assignes
and to all and every such Governor or Governors or other
Officers or Ministers as by our said Brother his heires or
Assignes shall bee appointed to have 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 from tyme to tyme and att all 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 all wayes and meanes whatsoever all such
Person and Persons as without the speciall Lycence of our
said deare Brother his heires or Assignes shall attempt to
inhabite within the severall Precincts and Lymitts of our said
Territories and Islands AND ALSOE all and every such Person
and Persons whatsoever as shall enterprize or attempt att any
tyme hereafter the distruccon Invasion detriment or annoyance
to the Parts Places or Islands aforesaid or any part thereof
AND LASTLY OUR WILL and pleasure is and wee doe hereby
declare and Graunt that these our Letters Pattents or the
Inrollment thereof shall bee good and effectuall in the Law
to all intents and purposes whatsoever NOTWITHSTANDING
LAWS OF THE COLONY OF NEW YORK.
5
10
the not reciteing or menconing of the premisses 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 premisses or of any part thereof by us or of any of
our Progenitors unto any other Person or 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 prem-
isses or of any of them or of any other Guifts or Graunts by
us or by any of our Progenitors or Predecessors heretofore made
to the said James Duke of Yorke in these presents 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 WITTNES whereof
Wee have 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 erection 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,
Concordat cum originale."
as
•
The New York Historical Society, in 1809, published a copy of the
East Hampton copy of the Duke's Laws, which is certified by the clerk
of the town 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 all 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 was filed, either may be
regarded as an original. The commissioners have 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 his Majesties Letters patents,
granted to his Royall Highnes James Duke of Yorke and Albany;
Bearing Date the 12th Day of March in the Sixteenth year of
ye Raigne of our Soveraigne, Lord Kinge Charles the Second.
Digested into one Volume for the publicke use of the Terri-
toryes in America under the Government of his Royall High-
nesse.
LAWS OF THE COLONY OF NEW YORK.
7
Collected out of the Several Laws now in force in his Majesties
American Colonyes and Plantations
Published March the 1st Anno Domini 1664 at a General meet-
ing at Hemsted upon Longe Island by virtue of a Commission
from his Royal Highness James Duke of Yorke and Albany
given to Colonell Richard Nicolls Deputy Governeur, bearing
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 Lawful for the
Justices upon the Bench to discharge any Constable from his
Appearance if they shall think fitt.
ACTIONS.
That all actions of Debts Accompts Slanders and Actions of
the Case concerning Debts and Accompts shall be tryed within
that Jurisdiction where the Cause of action Doth arise.
All actions of Debt or Trespasse under ye value of five
pounds between Neighbours shall be put to Arbitration of two
indifferent 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 next
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 Defendant are to bee concluded by the award of the persons
so chosen. by the Justice.
In all differences under five pounds not triable in Courts the
Constable is to have one shilling for naming Arbitrators to
whom the Difference shall be refered, they shall have two
shillings six pence each.
If it comes to the Justice, he shall have 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 pretend his Debt or trespasse to be above
five pounds, and on the hearing it shall appear to the Court to
come under that vallew, in such cases the Plaintiffe shall loose
his action and pay the Defendant Cost.
All 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 to
::
8
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, Which doubt made
by one, if it tend to the Causeless vexation of ye other Party; the
other Person so offending shall pay all 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 Petition or Revew Causeless
The plaintiffe shall pay the whole charges of the Court and be
Lyable to a fine; But if the Defendant 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 have 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
Defendant.
All Actions of the Plaintiffe; with his declaration, shall be
entered and filed in the Clarkes office eight Days before the Day
of hearing, to the end that the Defendant may (if he please) take
a Copy thereof and provide his Answer, Which is also to be filed
by the said Defendant; And the Judgment if for the plaintiffe
shall be Endorsed on the Declaration; If for the Defendant on
the Answer, and all Evidences concerning that Cause, are to be
filed together, and remaine in the hands of the Clarke.
Where an Action hath been once entred for prosses in Court
Although the Difference shall be composed between both parties
before they come to a Tryall; yet the plaintiffe shall enter such
Agreement in the hands of the Clarke of the Court, And so
shall have Liberty to take his Action off the file, paying only for
the Entry of the Agreement as for [The words "the Entry of the
Agreement as for," are not in the Roslyn 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 Dyed
intestate, And in the Presence of the Widow, Children and other
Relations, if any such there bee, or if any-such refuse to be present,
LAWS OF THE COLONY OF NEW YORK.
9
1
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 disposal of ye said Estate under any pretence whatsoever,
untill the next Court of Sessions where all Cases of Administra-
tion within that Liberty shall be Adjudged.
The Estates of all Persons dying intestate who have 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 Provided always that Such Elapsing shall
not hinder the Lawful 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 all things the
Law requires and saving 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 improvement thereof shall be
sould by order of the Court at an Outcry, and the purchasers
all puting Security, and Acknowledging Judgment for their
debt which by the Court shall be Assigned to the several Cred-
itors of the decedent, and paid according to 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 prove
himself such within one year and six weeks, Then the Court
to give an accompt of ye said Surplusage to the Governour.
And when the widow or Child Administers the surplusage after
debts paid and the funeral 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-
vided the Eldest Sonne shall have a double portion, and where
their are no Sonnes the daughters shall inherit as Copartners,
and if any of the Children shall happen to dye before it come
2
10
LAWS OF THE COLONY OF NEW YORK.
to age his portion shall be divided amongst the Surviving
Children.
Whoever pretends 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 perform such things as Administered by Law are,
required or enjoyned, shall not any time after be reserved,
unlesse the partie that obtained the Same, dye before he hath
given an Accompt of the estate and obtained his Quietus in
which 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 all 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 next 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 or 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 all 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 have proved and recorded the
will of the deceased or taken Administration, every such person
so administering, or Executing shall be lyable to be sued, and
shall be bound to pay all such 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 alsc
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 granted
>
LAWS OF THE COLONY OF NEW YORK.
11
to the end that strangers and other creditors invested in the
Estate may be the better Enabled to find out the Records
in which the accompts of the estate is entered and be informed
how they may come to their just dues.
Memorandum That what is here spoken of Executors or Admin-
istrators the like is ment; and intended also of Executrixes and
Administratrixes who in such Cases are to have the same
privileges.
AMERCIAMENTS.
All 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 all fines and Amerciaments be collected 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.
It shall be lawful for the plaintiffe or Defendant to take out
Subpona from the Sheriffe or under Sheriff 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 Counsel, nor for the Omission of any Office or
Service, if he shall be necessarily hindred, by any Apparent
Act or Providence of God; which he could neither foresee nor
avoid Provided also that this Law shall not prejudice 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 have 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 formerly, And in
all 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 agree
12
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 all Case of appeals the appealant do put in good
Security for prosecuting the Appeal and payment of Damages to
the Defendant 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.
All Appeals with the Security aforesaid shall be Recorded
at the charge of the party Appealing, and Certified 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
reasons 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
defendant, and whosoever 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.
All appeals are to be made by way of Petition and the Appeal-
ant, shall pay ten Shillings upon the delivery of the petition unto
the Clark of the Assizes for defraying the Charges thereof, over
and above two Shillings Six pence to the Clark for entring the
'Appeal.
APPRISEMENT OF GOODS.
That the plaintiffe and Defendant 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 Defendant
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 Defendant 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 the
LAWS 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 Averment against 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 Authentickly proved, Occation Require.
ARREST.
That no Sheriff nor other officer shall Execute 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
November 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.
All that comes 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.
All 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 Special warrant or warrant from one Justice of the
peace or high Sherrife.
In case any suite or action depends 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 special
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
prejudice of either Plaintiffe or Defendant.
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 the
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 Special 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 Defendants Estate.
All Persons of known Estates 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.
All 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 any 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 the necessary or Casual absence of one two or
more of the Overseers when the Assesments or other Dutyes
are to be performed, relating to the Constable and the Eight
Overseers aforementioned it shall be lawful for the Constable
and four Overseers to act and determine as if the whole Number
were present, 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 refusal of the said
Office shall forfeit to the Town ten pounds towards the defray-
ing of the Towns Charges.
ASSAULTS.
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 departs 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 receive
what Corporall punishment the Court shall Adjudge 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 purpose.
ATTACHMENT AND SUMMONS.
That it shall be in the Liberty of every Plaintiffe to take
out either summons or attachment against any Defendant pro-
vided no Attachment shall be granted in any Civil 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 Defendant
such cost as the Court shall award him.
That in all attachments of Goods and Chattles or of Lands
and hereditaments Leagall notice shall be given to the party,
or Left in writing 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 Defendant doe not then appear, Judgment shall be entered;
but Execution shall not be granted before the Plaintiffe have
given Security to be Responsible to the Defendant 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 all 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 Summoned, it shall be at his liberty whether
he will appear or not, except all Cases that are to be handled
in Court suddenly called on extraordinary Occation, by Special
Warrant.
That all Original processe whether Summons or Attachment
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
Officiates, 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 Lawful 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 have 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 after
LAWS OF THE COLONY OF NEW YORK.
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 negligent Escape in the
Justice.
To Bayle one Contrary to Law is fineable, which is to be
interpreted for Bayling persons committed either by Special.
warrant, or for Capitall Offences.
BARRATRY.
If any man shall be indicted proved and Judged a Common
Barrator; vexing others 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 Imprisonment.
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-
venient; in any harbour within this Government, 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 to the
Assignee, as it was to the Assigner, at the time of its Assigna-
tion, and it shall be lawful for the said Assignee, to sue for, and
recover the said Debt due upon Bill and so Assigned as fully as
the Original Creditor might have done, Provided the said Assign-
ment be made upon the Back side of the bill or Speciallity.
3
18
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 have 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 prejudice 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 out their Bounds within twelve
Months after their Bounds are granted, and that when their
Bounds 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 Bounds 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 Bounds 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 prevention whereof for the
future, No Surveyor of Lands shall give a plott of any lands
Surveyed by him unto any other person or persons whatsoever,
than such as Employed them, untill six Months after such Plott
is drawn according to its Survey, 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 Beere for Sale, but only such as are
known to have Sufficient Skill and knowledge in the art or
LAWS OF THE COLONY OF NEW YORK.
19
Mistery of a Brewer, That if any undertake for victualling of
Ships or other Vessels or Master or owner of any such Vessels
or any other person shall make it appear that any Beer bought
of any person within this Government do prove unfit, unwhole-
some and useless for their supply, either through the insufficiency
of the Mault or Brewing or unwholesome Cask, the Person
wronged thereby, shall be and is hereby enabled to recover equal
& Sufficient damage by Action against that Person that put the
Beer to Sale.
BIRTHS, MARRIAGES AND BURIALS TO BE REGISTERED.
The Names and Surnames of every Inhabitant within the
Several Parrishes within this Government shall be Regestered,
and to prevent future inconveniences which may arise about
the age 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 age 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 all 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 have 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.
BURIALS.
Whereas the private Burial of Servants & others give occa-
tion of much Scandal against divers persons and So divers
times not undeservedly of being guilty 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 before
20
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 of 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 have signified their desire of being
interested in the burial place of some other parish.
CAPITALL LAWES.
1. If any person within this Government shall by direct
ekprest, 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 lye with any Beast or Bruite
Creature 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 age, in which Case he shall
be punished at the Discretion 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 Authority, He shall be put to Death.
10. If any 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 age, and
of Sufficient understanding, shall smite their Naturall Father
or Mother, unless thereunto provoked and forct for their selfe
preservation from Death or Mayming, 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 COLONY 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 partyes, on sufficient Testimony, to have
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 have com-
mitted Carnall Copulation, with a marryed man or woman, they
both shall bee grieviously fined, and punisht as the Governor &
Council or the Court of Assizes shall thinke meete, not extend-
ing to Life or Member.
CATTLE CORN FIELDS FENCES
Every Person interested in the improvement of Common
fields [The words "or any ffield' here occur in Roslyn
copy] inclosed for Corn or other Necessary use shall from 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 agree in any part of the premisses Then upon due
and Seasonable notice given to the Constable and Overseers of
the Town they shall appoint a Convenient time to hear and
order such differences, 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 all damage
proved to grow thereby and to such further fine for breach of
orders 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 all 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 insufficiency 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 Sufficiently Repaired,
he or they shall forthwith upon the demand of the appointed
viewer or viewers (besides other Just damages) pay as a fine to
the Town Twelve pence for every Rod, if there be a considerable
quantity of such defective fence together, or for every Single
22
LAWS OF THE COLONY OF NEW YORK.
1
defect in such faulty fence, or the said viewer or viewers taking
due witness of the defects, may if it Suite their Conveniency
forthwith repair or renew them or Cause them to be repaired
or renewed, and shall have double recompence for the same, to
be paid, besides, other [The word "just" here occurs in Roslyn
copy] Damages, by the Owners or Occupiers of the said insuf-
ficient fence or fences.
And in either Case if payment be denyed or delayed the said
Constable and Overseers shall Levy the same forthwith upon the
Estate of the delinquent to the use of the viewer or viewers.
And where Lands lye in Common unfenced, if one man shall
improve his Land by fencing in several and others, one or more
shall not, he who shall so improve, shall Secure his Land from
other mens Cattle, unruly Cattle excepted, who shall Compell
no man to make any fence with him except he also Improve in
Several.
And where one man shall improve before his neighbor & so
make the whole fence. If his said neighbour shall after improve:
he shall then Satisfie for half the other fence against him;
according to the present vallew and shall maintain the same,
and if the first man shall after lay open his field or land, then
the said Neighbour shall both enjoy his said half fence so pur-
chased, and shall have Liberty to buy the other half fence against
his Lands paying according to the present worth as it shall be
rated by two men Indifferently Chosen, and the like order shall
be when any man shall improve Land against or Adjoyning to a
Town Common provided this extend not to house Lotts in which
if one man improve his, Neighbour or Neighbours shall be Com-
pellable to make and maintain one half of the fence between
them whether he or they improve or not, provided also that no
man shall be Lyable to damage done in any ground not
sufficiently fenced and himself not interested in the defective
fence, or some part of it, Except the damage were done by Pro-
hibited or unruly cattle of any sort, in which Swine are Included
which cannot be restrained by ordinary fence or where any shall
unwarrantably put in Cattle of what Sort, or under what Couler,
or pretence whatsoever, or otherwise wilfully tresspass upon his
Neighbours ground.
•
All Cattle and hoggs shall be markt with the publique mark of
the Town to which they belong and the private mark of the
owner, and when they are Sould to any other Town, the Pur-
chaser shall cause the Towns mark of the place where he
inhabiteth, besides his own particular mark to be sett on, or over
the mark of the Town from which he bought them.
LAWS OF THE COLONY OF NEW YORK.
23
All horned Beasts shall be marked upon the Horne with the
Towne mark to which they belong.
That whatsoever Swine or greater Cattle, horses excepted
shall be found in the woods or Commons unmarked are Lyable to
Poundage or being either pounded or otherwise prosecuted &
proved, The owners shall pay for each Świne unmarkt 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 |
every such swine or Beast of a greater kind to be duely cryed,
that the owner may take notice Claime his interest and pay the
fine and Charges.
But if no owner be found, then after due Apprizement by
Indifferent men Chosen 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 any 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, all 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 all 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 peny per head.
For all 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 Cattle
24
LAWS OF THE COLONY 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 comes 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 agree 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 all causes shall be heard and tryed according to their
priority of entrance, and if it shall happen that the Justices
have 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 determine 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 come to an issue, any thing to the Contrary in any other
Law Notwithstanding.
CHURCH.
Whereas the publique Worship of God is much discredited
for want of painful & able Ministers to Instruct the people
in the true Religion and for want of Convenient 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
built 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 all 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 yearly 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 or
LAWS OF THE COLONY OF NEW YORK.
25
their departure out of the parish The said Constable and Over-
seers shall make Choice of another to Supply his Room.
3. Every Overseer is to take the Oath of Allegiance at the
time of his Admittance into his office in the Presence of the
Minister Overseers 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 Officiate, within the Government but such
as shall produce Testimonials to the Governour, 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 Governour shall induce the said Minister
into the parish that shall make presentation 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 every Parish shall Preach constantly
every Sunday, and shall also pray for the Kinge, Queene, Duke
of Yorke, and the Royall family. And every person affronting
or disturbing any Congregation on the Lords Day and on such
publique days of fast and Thanksgiving as are appointed to be
observed. After the presentments thereof by the Church-
wardens to the Sessions and due Conviction thereof he shall
be punished by fine or Imprisonment according to the merrit
and Nature of the offence, And every Minister shall also Pub-
liquely Administer the Sacrament of the Lord's Supper once
every Year at the least in his Parish Church not denying the
private 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 Several Days asked in the Church, or
have a Special Licence.
9. Sundays are not to be prophaned by Travellers Labourers
or vicious Persons.
10. That no Congregations shall be disturbed in their private
meetings in the time of prayer preaching or other divine Service
Nor shall any person be molested fined or Imprisoned for dif
4
26
LAWS OF THE COLONY OF NEW YORK.
fering in Judgment in matters
in matters of Religion who profess
Christianity.
11. No Person of Scandalous or vicious Life, shall be
Admitted to the holy Sacrament, who hath not given Satis-
faction therein to the Minister.
CHURCH WARDENS.
That Church wardens shall 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 all such mis-
demeanors as by their knowledge have been Committed and
not punished whilst they have been Churchwardens. Namely,
Swearing, prophaness, Sabbath breaking Drunkenness, fornica-
tion, Adultery, and all such abominable Sinnes; The said
Churchwardens 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 all Officers Civill and Military to whom no
other fees are expressly granted and appropriated shall be
Annually paid out of the Common Treasury in real and good
payment, or Assignation to his or their Satisfaction.
Every Inhabitant shall Contribute to all Charges both in
Church and State, whereof he doth, or may receive benefit
according 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 Religion, and the Lawes of the Country,
And that the Parents and Masters do bring up their Children
and Apprentices in some honest Lawful 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) have power upon the Complaint of
their Parents or Masters to call 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 age.
LAWS OF THE COLONY OF NEW YORK.
27
CHIRURGIONS, MIDWIVES, PHYSICIANS.
-That no Person or Persons whatsoever, Employed about the
Bed of Men women or Children at any time for preservation
of Life or health as Chirurgions, Midwives, Physicians or
others; presume 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 Counsell ["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 present 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
[“fact” instead of "fault" in Roslyn copy.] may deserve, which
Law nevertheless is not intended to discourage any from all
Lawful 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, dare bouldly attempt to
Exercise any violence upon or toward the body of young or old
one or other, to the prejudice or hazard of the Life or Limb
of man, woman, 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 all persons
ought to be given to Courts which so nearly represents his
Majesties sacred Person, and that such order, gravity and
decorum, 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 Tuesday in June; In the North 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 March.
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 Seaventeenth year of the
Raigne of our Sovereigne Lord Charles the Second by the grace
28
LAWS OF THE COLONY OF NEW YORK.
of God of Great Brittaine France and Ireland King; Defender
of the Faith etc: And in the year of our Lord God 1664 present.
Insert the name of the Governoure. Silence Commanded
Then let the Cryer or under Sheriffe make proclamation and
Say O yes 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; All manner of Persons that have any thing to
do at this Court, draw near and give Attendance; and if any
one have any Plaint to Enter, or Suit to procecute, Lett them
come 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,
A. B; come forth and prosecute thye Action against C. D. or
else thou wilt be non Suited. And the Plaintiffe putting in his
Declaration, the Cryer shall Call for the Defendant.
CALLING FOR THE DEFENDANT,
C. D; come 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 Derogation of the Sentence or Judg-
ment of any Court, shall be fined at the Discretion 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; All Hue & Cryes shall be duly received and
diligently pursued to full effect And where no Justice of the
LAWS OF THE COLONY OF NEW YORK.
29
Peace is near, Every Constable shall have full power, to make
Sign and put forth pursuites or Hue and Cryes after Murtherers
Man Slayers Theves Robbers Burglurers and other Capitall
Offenders, as also to Apprehend without warrant such as are
overtaken with Drink, Swearing, Sabbath breaking, Vagrant
persons or night walkers provided they be taken in the manner,
either by the Sight of the Constable or by present information
from others, As also to make search for all such Persons either
on the Sabbath Day or other when there shall be Occasion in
all 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 thereof 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 Refusal, Every
Constable shall have 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 have Com-
mitted Capital Crimes: They shall forfeit for every such offence
to the use aforesaid forty Shillings The Constable and every
two Overseers may take Bayle for any Person Arrested within
their precincts if not in Execution or Committed by Special
warrant.
That Every Constable within his Jurisdiction, shall on the
penalty of five pounds Clear up his Accompts with the High
Constable for all 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 Roslyn copy.] more Speedy Send-
ing in of what they have so Collected according to the time
appointed, and if any Constable shall not have Collected the said
30
LAWS OF THE COLONY OF NEW YORK.
fines and Americaments Commited to his Charge by the High Con-
stable; during the time of his Office that he shall notwithstanding
the Expiration of his Office have power to Levy by distress all
such fines Amerciaments and Levyes, and if he 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 all 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 name 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, Unlesse the said Deed be Acknowledged and Recorded
according to Law.
That all 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)· To
have and to hold the said houses and Lands Respectively to the
party or grantee, his heirs and Assigns forever, Or if it be an
Estate Entailed, then to have and to hold, &c; to the party or
grantee and to the Heirs of his body Lawfully begotten [the
words "or the hires made of his Body lawfully begotten"
here occur in the Roslyn copy.] between him and such
an one his Wife; or to have and to hold to the
Grantee for terme of Life, or for so many years, 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 illegal violence imprisonment
threatenings or any kind of forcible Compultion called Dures.
All Covenants ["Covenous " instead of Covenants" in
Roslyn copy.] or fraudulent Alienations or Conveyances of
LAWS 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 Rents 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 others; 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 mean 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 all such Grants, Sales, and Mort-
gages, That every Clarke of every Court of Sessions shall enter
all such Grants, Bargains, Sales, and Mortgages of Houses
Lands, Rents and Hereditaments as aforesaid together with
the estates of the Granter and Grantee; things and Estates
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 have in
all 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
Special Cause to the Contrary; 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 have brought
the 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 Determine 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.
DOWRYES.
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.
FASTING DAYES AND DAYES OF THANKSGIVEING TO BE
OBSERVED.
Whereas be an Act of Parliament the fifth Day of Novem-
ber is annually to be observed 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
observed with Fasting and Prayer in all his Majesties Domin-
ions to shew a hearty and Serious Repentance and Detestation
of that Barbarous Murther Committed upon the Person of our
late King Charles the first, thereby to divert Gods heavy Judg
ment from falling upon the whole Nation, as also by an other
Act of Parliament we 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 all his Majesties Dominions, Every Minister within his
Severall Parish is enjoyned to pray and Preach on these days
and all other Persons are also enjoyned to abstain from their
Ordinary Laboure and Calling According to the true intent
of both the said Acts.
FEES OF JUSTICES OF PEACE.
S D.
For Nominating three Arbitrators when a Case under
forty Shillings is brought to him by the Constable...... 7 6
For warrants of appearance to answer all sorts of
Actions at the Court or binding over to the Sessions or
the Assizes for the good behaviour or the peace....
2 6
LAWS 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..
Upon Subpoena for each Person
1 0
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.
For Collecting of the Assessments Amerciaments and
fines and paying them into the high Constable per pound,
For Attachments, or Apprizements of Goods per pound,
For Assisting upon Common Action, the plaintiffe to
pay his
8. D.
1
0
0 2
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 UNDER SHERIFFE.
រ
For receiving the Assessments Amerciaments & fines
from the petty Constable and paying them into the
Sheriffe per pound
•
For every Judgment in Court or Verdict
For the Summoning and Empannelling a Jury..
FEES OF SHERIFFE.
S. D.
0 6
1.
0
0 4
S. D.
The Sheriff shall have of the Plaintiffe upon all 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
For whipping
For pillory
1 6
2 6
2
6
5
10
34
LAWS OF THE COLONY OF NEW YORK.
For a warrant of attachment
1 0
For the Sheriffs warrant to Summon and Empannell a
Jury for each Cause
1 6
And for other trouble not here exprest, other reasonable fees
shall be allowed by the Court.
FOR FEES OF YE CLARKE OF THE COURT OF SESSIONS WHO
IS ALSO CLARKE OF THE WRITTS.
For entering every Action for Tryall
S. D.
2 6
For entering and recording a bargain and Sale of Lands
or Houses Inventoryes or Conveyances if under 24 linnes, 2 6
["ffor every 12 Lines more, Os. 6d.” here occurs in Roslyn
copy.]
For entering a will or Administration for himself if
under 24 lynnes
If above for every 12 lynnes more
·
For the fees of the Office of Record for which he is to
1 6
0
6
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 Attachment
1 6
For Entering A Deposition
1 0
["ffor the copy of a Deposition, 1s. Od." here occurs in
Roslyn copy.]
For Entering A Petition.
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 every page more
0 6
2
6
•
For licenses to Innkeepers and Victuallers
THE FEES OF THE CLARKE OF ASSIZES.
That all charges of Officers or Attendants upon Causes at the
Assizes shall be double to these of the Sessions and to be levied
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 FOR THE COURT.
For returning Appeals to the Assizes with all the
Circumstances 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.
& D.
6 8
2 6
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..
For every verdict
0 4
0 4
FEES OF THE MARSHALL.
For receiving into ward..
S. D.
. 1 0
It is to be the Marshalls 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 all Night before delivery of
the Verdict
2 6
The Marshall is to receive no Prisoner but such as are Com-
mitted by warrant, excepting only in such present 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 agree
with the Marshall upon a further Price.
FORNICATION.
If any Person commit Fornication with any Single. woman they
shall both be punished by enjoyning Marriage, fine or Corporal
punishment, or any of those According to the discretion of the
Court.
FORGERY.
If any Person shall forge any Deed or Conveyance, testa-
ment, Bond, Bill, Release, Acquittance, Letter of Attorney,
or any writing to prevent Equity & Justice they shall stand
36
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.
FIRE 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 willingly,
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 receive Judgment to Death, or full Satis-
faction out of his Lands Goods, or Chattells to the party or
parties damnified according to the good Discretion 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 Enclosures of his Neigh-
boures, he shall be Lyable to pay all 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.
FUGITIVES.
Every Apprentice and Servant that shall depart or absent
themselves 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 have
Transported, or to have 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 householder that is,
or shall be Indebted here, without Pass or Licence he shall be
LAWS 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 such 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 have 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 have, 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 age of each of them as near
as he can, with the Colour and all 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 have 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
Town, 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 presents 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 Special 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 Buyes; 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 his private use,
before he give Notice thereof, to the person 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 all Publique workes for the safety and defence of
the Gouvernment or the Necessary conveniences of Bridges
Highways and Common passages, the Governour or deputy
Governour and Councell shall send warrants to any Justices
and the Justices to the Constable of the nekt Town or any
other Towne within that Jurisdiction, to send so 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 Execute, and the Con-
stable and Overseers shall have power, to give such wages
as they shall Judge the work to deserve, provided that no
Ordinary Labourer shall be compelled to work from home above
one week together No man shall be compelled to any publique
work or service unless the Presse be grounded upon some known
Law of this Government, or an Act of the Governour and
Councell Signifying the necessity 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 Sufficiently exempted
by want of years greatness of years defect in mind, failing of
senses or Impotency of Limbes, or by the Quality 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
defensive wars as in our own behalf or in the behalf of our
Nation, against a Common Enemie shall be enterprized by the
Governour with the Advice of the Councell or by Authority
Derived from the same Neither shall any mans Cattle or Goods
of what 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 rates
LAWS 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 such Service the owner shall
be recompenced.
INNKEEPER & ORDINARYES.
No Person or Persons shall at any time under any pretence
or Colour whatsoever undertake to be a Common Victuler keeper
of A Cooke shopp, or House of Common entertainment, or
publique Seller of wine Beare, Ale or strong waters by retail
or a less quantity than a quarter Caske, without a Certificate
of his good behaviour from the Constable and two Overseers
at least of the parish wherein he dwells and a Lycence first
obtained under the hand of two Justices of the peace in the
Sessions upon pain of forfeiting five pounds for every such
offence, or Imprisonment at the discretion of the Court.
Every Person so licensed for Common entertainment shall
have some Ordinary signe obvious for direction of strangers,
within three Months after the Licence granted under the penalty
of twenty Shillings.
Every Person Licensed to keep an Ordinary shall always
be provided of strong and wholesome Beer, of four bushels
of malt, at the least to a Hoggshead which he shall not Sell
at above two pence the quart under the penalty of twenty
Shillings, for the first Offence,' forty shillings for the Second,
and loss of his Licence, It is permitted to any to Sell Beer
out of Doores at a penny the Ale quart or under.
No licensed Person shall suffer any to Drink excessively or
at unseasonable hours after Nine of the Clock at night in or
about any their houses upon penalty of two shillings six pence
for every Offence if Complaint and proofe be made thereof.
If any quarrel or disorder doth arise from intemperate per
sons within their house, the Person so licensed for not imme-
diately Signifying the same to the 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 two 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
want of payment or in case they be Servants and neglect their
Masters occations They shall be sent to the Stocks one hour at
the least, It shall be lawful notwithstanding for all Licenced
Persons to Entertain Land Travellers or Seafareing men in the
night season when they Come on shore or from their Journey
for theire necessary refreshment or toward theire preparation for
40
LAWS OF THE COLONY OF NEW YORK.
theire Voyage or Journey, And also all Strangers, Lodgers or
other Persons may freely Continue in such Houses, when theire
Lawful Occations and business doth require, Provided there be
no disorder amongst them.
Every Person so Licenced for the Entertainment of strangers
with their Horses, shall provide one or more Enclosure for
Summer Hay and Provender for winter with convenient stable
roome, And attendance; upon Penalty of 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.
All 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 have 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 all intents and purposes.
All injuryes done to the Indians of what nature whatsoever
shall upon their Complaint and proofe thereof in any Court
have speedy redress gratis, against any 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, to
LAWS OF THE COLONY 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, upon 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.
No 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.
No 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 Name whatsoever; Under 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 Case 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 may Authorize any person or persons to
sell any or all Such Strong Liquores to Indians upon Security
taken from the person Licenced for his or theire good behaviour.
In all Places within this Goverment the English and all
others shall keep their Cattle from destroying the Indians
Corne in any ground where they have right to plant and if any
of theire Corne be destroyed for want of fencing the Towne
shall make Satisfaction, and shall have 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 did 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 holing 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
6 ·
42
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 presents and hearing of Suffi-
cient witnesses They shall keep of all Cattle or loose their
Damage.
And if any harme be done at any time by 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 performe outward worship to the Devil in any Towne within
this Goverment.
JURORS AND JURYES.
That the Clarke of the Sessions sh all in Convenient time before
the Sitting of the Court give a Certificate to the Sheriffe or
under Sheriff of what and how many Causes are entered for
their hearing the next Sessions to the end the Sheriff 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 Sheriff, 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 with 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 the Court shall be held.
All Juryes so Chosen shall be Empanelled and Sworn 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 equity upon the forfeiture
of an Obligation, breach of Covenant without damage or the
like, the Bench shall determine such matters of equity.
Every Juryman shall be allowed three Shillings Six pence
per Diem for the Charges of their Attendance out 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 in Special Causes upon Life and Death, The Justices
shall thinke fitt to Appoint twelve.
LAWS OF THE COLONY OF NEW YORK.
43
In all Cases wherein the Law is obscure, so as the Jury
cannot be Satisfied therein. They have Liberty to present a
special 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
Defendant, In which Case the determination doth properly
belong to the Court, And all Juryes shall have liberty in
matter of fact, if they cannot finde the maine Issue, yet to
find and present in their verdict so much as they Can.
Whensoever any Jury or Jurores are not Clear in their
Judgements concerning any Case, they shall have 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 Resolve 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 briefly 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 Sworn & not after.
Any one that shall presume 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 next Court
of Sessions, or Assizes shall impose a greater fine on
Offender according to the Meritts of the Cause.
JUSTICE OF PEACE.
The Justices of the Peace or Sheriffe or either of them shall
have 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 Governoure or Some one of the Councell shall pronounce
the Decrees or Sentence of the Court, Except in Case of Natural
44
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 which Cases the Justice shall Refuse to do his
Office, or Enter his desent to the prejudice of the Court.
Any Justice of the Peace, may if he please, or see cause
for it Preside as Cheife in any of the Towne Meetings within
the Jurisdiction where he dwells.
LANDS.
All Lands and heritages within this Goverment shall be
free from all fines and Licences, upon Alienation and from all
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 all former Purchasers may be ascertained to the
present possessor or right owner They shall bring in their
former Grants, and take out new pattents for the same from
the present Governoure in the behalfe of his Royall Highness
the Duke of Yorke.
All Purchaseres of implanted Lands shall of their Cost and
Charge, Cause a Survey 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 Pay unto the Governoure
So much as they shall agree upon; Not exceeding for every
hundred Acres.
And upon the Seating of a Towne two Towne Lotts shall be
reserved by 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 all Cases, or proper Punishments for all Crimes the Court of
Sessions shall not take further Cognizance of any Case or
Crimes, whereof there is not provition made in some Lawes but
to remit the Case or Crime, with the Due Examination and
proof to the Next Court of Assizes where matters of Equity
>
LAWS OF THE COLONY OF NEW YORK.
45
shall be decided, or Punishment awarded according to the dis-
cretion of the Bench and not Contrary to the known Lawes of
England.
LYING AND FALSE NEWES.
Every Person of age of discretion 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 produced,
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 Credits 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 so 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 discretion 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 from some person
thereunto Authorized, All 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 Party who sue for Marriage, shall be Publiquely read
in their Parish 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 Days 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 not
46
LAWS OF THE COLONY OF NEW YORK.
otherwise, it shall be Lawful for any Minister or for any
Justice of Peace to joyne the Parties in Marriage, Provided that
the said Partyes do purge themselves by Oath before the Minis-
ter or Justice 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 always that any woman flying from the barbarous
Cruelty of Her Husband to the House of the Constable or one of
the Overseers of the same Parish; may be protected by them in
the manner as is Directed for Servants in such Cases and not
otherwise.
IN WHAT CASES IT SHALL NOT BEE PUNISHABLE TO
RE MARRY.
If either the man or woman shall be Convicted to have falsified
their Oath to the Justices of Peace or Minister the other is free
to Marry.
If 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 Magistrate
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 full
LAWS OF THE COLONY OF NEW YORK.
47
Testimony that hee or shee have divers wayes 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 from giving such information It shall and may be
lawful for the said man or woman to Challenge his or her
premarriage, and obtain an order for their Cohabiting as
formerly, 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 onely of the Children 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 presume 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 paines and penalties by fines or Punishment
as they have deserved.
If any Justice of Peace or Minister shall presume 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 have not been
thrice asked in the Church or usuall meeting place or otherwise
Legally published, or without a special 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.
No 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 Commodityes to the
Master of such Servants or Servant, and forfeit the double value
thereof to the poor of the Parrish where they shall Inhabit.
All Labourers 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 convey them away or upon
Suspicion of such their evil Intentions Every Justice of the
Peace or any Constable with two Overseers where no Justice is
48
LAWS OF THE COLONY OF NEW YORK.
\
at hand Have 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 such 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 Consideration 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 théir Service, And have a further allow-
ance and recompence as the Court of Sessions shall judge meet.
But in Case any Servant or Servants shall causelessly Com-
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.
All Servants who have 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 have proved unfaith-
ful or negligent in their Service, notwithstanding the good
usage of their Masters, They shall not be dismist, till they
have 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 all Goverments in Peace and Safety, to which all
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 age of sixteen
years Except, Justices, [The word "high" here
high" here occurs in
Roslyn copy.] Sheriffes, 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 Notaries, Masters of Shipps or
vessels above Twenty Tunns Constant heardsmen or such as
have bodily Infirmity or old age shall be excused by the Justices
in any Sessions, as also one servant of each Justice or high
Sheriff shall duely attend all Military Exercises and Service as
Trayning watching and warding, when they are
required and warned by their Officers under the penalty of five
shillings for every Dayes default.
""
2 Every Town shall be provided of a
of a Sufficient ware
["ware is "watch" in Roslyn 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 Roslyn 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 age, 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-
7
50
LAWS OF THE COLONY OF NEW YORK.
tary Officer to be kept in Constant fitness for present Service,
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 all
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 present 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 have Sufficient Exceptions against either of
them In which case the Constable and Overseers, shall proceed
to 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 Ammunition 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 All 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, but for the neglect of particu-
lar persons by the Constable and Overseers.
8 Every Town within this Government shall have every year
four Days of Trayning amongst themselves and theire shall be
also in each Ryding once in the yeare a General Trayning of all
the Townes within that Jurisdiction which may take up three
dayes time, the one in Coming 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 two years a General Trayn-
ing for all Souldiers within this Government, The time and place
to be at the Nomination of the Governor.
In the Severall Traynings All Males above sixteen Years of
age who are not freed from that Service, are to be taught and
Instructed in the Comely handling and ready use of their Armes,
in all postures of Warre to understand and attend all words of
Command, And further To fitt all Such as are or shall be in Some
measure instructed for all Military Service, against there be
occation under the penalty of forty Shillings to be Leveyed 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
present shall cause the names of all 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 present hee shall pay
either as for total absence, or a greater or less fine as the
Offence considered in all Circumstances may require And whoso-
ever shall come 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 what fines shall be levyed by virtue of any neglect or Mis-
demeanor at the General Trayning of such Jurisdiction The
Major General shall have the one third and the other Officers two
thirds. [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.]
12-
9 All fines arising upon this accompt, and not exprest here,"
they shall be disposed of are to be Employed in the Buying
Drumes, 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 Publique
52
LAWS OF THE COLONY OF NEW YORK.
attempt or annoyance from a Common Enemy, whether Christian
or Pagan or other Insurrection or Rebellion against the Lawfull
Authority In such Case the Governor by warrant to the Major
Generall the Major Generall to the Sheriffe, the Sheriff to all
Officers both Civill and Military shall Immediately despatch
Orders Warrants or presepts to all other Persons whatsoever,
that upon their utmost perills of fine and Imprisonment, by the
Governor & Councell they nor any of them do 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 shali refuse under
the penalty of Twenty Shillings, but on the contrary shall
appeare and Exercise with the same, at all traynings whatso-
ever; under the aforesaid penalty.]
12 The three Chiefe Officers of each Company have 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 punishments or 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 have 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
much 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 to
LAWS 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 dwelleth, or they shall provide him
Armes and Ammunition, and shall appoint him when and with
whom to worke it out.
15 Upon any Expedition upon occation of any Enemy or any
present Military Service to be done, All Smiths and other need-
ful workmen shall immediately 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 every Such default, and for any Such
Neglect at any time, other time more than ten dayes, shall
forfeit for every 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 from Defensive warrs noe man shall be exempted.
17 All defensive 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 whicu
wee ought at all times to Cherish and improve, for the helpe
and Support of our English Neighbours in other his Majestyes
Colonyes The Governour and Councell may at all tymes and in
all 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.] all such, or so many men as shall volun-
taryly present 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 offend-
ing, shall be lyable To bee punished by Death, according to the
dissipline of warre and the master of such Servants shall have
reasonable satisfaction allowed him by the Governour for such
Damage And to all Voluntary Souldiers so Levied, shall be
Allowed one Moneth pay and made good by a Generall Assess-
ment proportioned to each Towne, all further Charges are to
bee defrayed by the Colony to whose Assistance they are
Employed, And all Justices of Peace Sheriffs high Constables
and other Officers are impowered and required to Suppress and
hinder all Levyes of Souldiers by beat of Drume or otherwise to
{
54
LAWS OF THE COLONY OF NEW YORK.
be composed [" composed" is "compassed" in Roslyn copy.] But
such as shall be Authorized by his Majesties immediate warrants,
or the Governor and Councell here Established.
•
*19 All inferior Military Officers shall punctually obey the
Orders of their Superiors in their Marches Quarters, and watches
without murmuring and repining under the penalty of being
fined at the Discretion 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 All 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 when 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 Convenient time either
to Sentence the Offender to some grievous punishment by a
Court Marshall, or remitt the Tryal thereof to the Court of
Assizes who are impowered to hear, Examine and Determine
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
sleeping 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 come 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 with leave
shall hire another; in his place, But if any man shall depart
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, which Officers
and the private Troopers are to observe the same times for
Muster and Exercise in Military discipline with all 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 good 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 COLONY OF NEW YORK.
55
Neither is it lawful for any 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 Lawful for any listed Trooper to disband him-
self, but with leave from his Captaine under the penalty of
fifty Shillings.
.
All Officers both of Horse and foote shall from time to time
Obey their Superiour Officers in all things Relating to the
Military affaires of this Government.
All other Penalties for defaults in other Officers or Souldiers
of a Troope of Horse, shall bee the same 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.
All 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 behaviour for breach of which
they are punishable by the Loss of their places, and fine at
the Discretion of the Court.
That the Governour and Councell may by Special warrant
displace any Officer made or Chosen within this Government
for Neglecting of his Office or other Notorious misdemeanor;
and misbehaviour, 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 fame and
life, Chosen by the plurality of voyces of the freeholders in
each Town, whereof foure shall remain in their Office two
years Successively, and four shall be Changed for New ones
every 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 of that Number which are dismist
from their Office of Overseers.
56
LAWS OF THE COLONY OF NEW YORK.
The New Chosen Overseers are to bee presented by 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 occation
(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 him 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 all Persons who now have or shall have any Estate of
Goods, Chattles or Lands; in their possession, belonging to any
that are under age shall exhibit an Inventory and Accompts of
that said Estate within three Moneths next after 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 have such Estate, in their hands, do not at the
time and place aforesaid present the Inventory and Accompts of
such Estates as aforesaid; Then that the whole businesse be sent
to the next Court of Assizes where the Offender shall be fined
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.
All 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 is by Some inevit-
able accident hindred which could not be foreseen..
All 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 all Townes within this
Goverment where pipe Staves shall bee shipt, do from time 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 all such Pipe Staves as
are to be transported and to be used for making of right Caske
→ who shall cast by all 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 all times upon request give attend-
ance, and they shall enter into a Booke the Number of all 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 same 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
Vessell 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 come on Board And Search such
Staves, as they shall bee delivered into The shipp ProvidedˇCast
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
with 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 Assignee possest or Occupied any Lands or Houses
as his or their owne proper right in fee Simple within this
Government and shall so continue; whether in their owne Per-
sons, their heirs or Assigns, or by any other Person or Persons,
from, by, or under them in possession as aforesaid, without dis-
turbance Let Suite or deniall Leagally made to such Lands, or
Houses for the tearme of four yeares last past, and shall so
remaine without any Claime legally Entred against the pos
sessour before the first day of September, which shall be in the
year of our Lord 1665, Shall from and after the first day of Sep-
8
58
LAWS OF THE COLONY OF NEW YORK.
tember and for ever enjoy the same 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 Lawful for any Person that shall find himself aggrieved
herein to make his Appeale to his Majesty.
PUBLIQUE AFFAIRES.
Whereas this Government may in many Occations be dis-
appointed of speedy and true Information of Publique Affairs
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 come 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 shire 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 Upon the penalty of forty Shillings for every hours
delay And in such cases all 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 all Caske 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 all places needfull to
Gage all such Vessels or Caske and such as shall be found of
due Assize, shall be marked with the Gagers marke; who shall
have foure pence per tunne; And every Cooper shall have 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 Country 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 within this Jurisdiction; wherein any Caske are
made, shall yearely make Choice of a fitt man for that Imploy-
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 oath belonging to his place, which if hee
shall 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
all Caske he Packs, Beefe, Porke, Mackerell, fish 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 Towne where any such 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
out, and for fish that they be packed all of one kind, and all
Caske soe packed be full Sound and well Seasoned, Setting
his Seal on all 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 find them good
and Sufficient, he shall sett his Seal on them, and have 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.
POUNDS, PRISONS & STOCKS.
Every Towne shall at their charge provide a paire of Stockes
for offenders, and a pound 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.
That every Inhabitant within this Government shall Con-
tribute to all charges, both in Church and Coloney; whereof he
doth or may receive benefit, and every such Inhabitant that
doth not voluntarily Contribute proportionably to his Ability,
with the rest of the same Towne to all 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 Estates of all Men wherever
they Dwell shall be Rated for all Town Charges, both Civill
and Ecclesiasticall (as aforesaid) where the Lands and Estates,
shall Lye, and theire Person where they Dwell.
60
LAWS OF THE COLONY OF NEW YORK.
That the 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,
requiring 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 of all the Male Persons in the same Town,
from Sixteen years old and upwards, and a true Estimation of
all personall and Reall Estates, being, (or reputed to bee,) the
estates of all 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 all
Lawful meanes and wayes, which they may use (viz) of warre
Houses, Lands of all 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 perticuler Persons, but not to be kept
or hearded upon to the Damage of the Proprietors, Mills, Shipps,
and all small vessels, Merchantable Goods, Cranes, wharfs and
all sorts of Cattle, and all other known Estate whatsoever,
as also all visible Estate either at Sea, or on Shoar, all which
Persons and Estates 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 vallewed at five pounds,
Every Heyfer and Steere between three and four years old,
at four pounds and between two & three, at fifty Shillings,
and between 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, of
three years old Eight pounds, between two and three years
old five pounds of one year old three pounds, Every Sheep of
one year old Six Shillings eight pence Every Goat above one
year old Eight Shillings, Every Swine above one year old
twenty Shillings; And all Cattle of all sorts under a year old
are hereby exempted as also all Hay and Corne in the Hus-
bandmans hands, because all 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 pay for themselves.
LAWS OF THE COLONY OF NEW YORK.
61
That the Constable of each Towne do bring into the high
→ Sheriffe fairly writen the just Numbers of all Males Listed as
aforesaid, the Assessments of Estates, made in their Severall
Townes, according to the Rules & directions expressed and
that the said high Sheriffe shall duly and carefully Examine all
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 to 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 behoof, if it be within this Goverment, and for
all peculiers (viz) such Places as are not yet layd within the
Bounds 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
Estates 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, so 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 all 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 within the Towne where such distress are
to be taken, Then upon such returns to the High Sheriffe, he
shall give warrant to Attach the Body 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
payment be made in the mean time.
That the Prices of all sorts of Corne to be Received upon any
Rates shall be such as is already appointed and that all Towne
Rates shall be made after the same manner and by the same
rule as the country rate, That if any Constable shall not have
gathered his Rates or Levies Commited to his charge by the
62
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 have power
to Levy by distress all 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 make payment it shall be
lawful for the High Sheriffe old or New respectively to dis-
traine any man or men of that towne where the Constable were
unable, for all Arrearages of Levies and that man or men upon
Peticion to the Court of Assizes, shall have 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 duely 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
have Authority hereby to distress the delinquents, or be
accomptable themselves for the Rates and penalties so neglected
by them.
That all the plantations within this Government after the
publication hereof, shall be fully Comprehended in this Law.
RECORDS.
All Records of Bargaines and Sale, or any other Conveyances
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 East 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, by 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 any Debt or Debts
to bee made by any Sayler 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, have given
under his hand to Discharge the same.
LAWS OF THE COLONY OF NEW YORK.
63
SHERIFFE.
The high Sheriffe shall have power to issue forth any writte
or warrant according to the Nature of the plaint:
That the High Sheriffe may if he please or see cause for it
preside as Chieffe in any of the meetings of that Towne where hee
dwells.
That the High Sheriffe shall have the nomination of the
Marshall in each Riding, and is to take Security from them.
Each Riding shall have 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 present 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 five at
least, of the Overseers for the time being, have 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 Repugnant
to the publique Lawes; And if any Inhabitant shall neglect or
refuse to observe them The Constable and Overseers shall have
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 have 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.
All votes in the private affaires of Particular Townes shall
be given and Determined by the Inhabitants freeholders, House-
holders, and in matters Committed to Arbitration, or att Ses-
sions, either as to Juryes in all Cases or to Justices on the
Bench, where the Law is not Cleare shall bee Carried by the
Major part of the Suffrages, The minor to be concluded by
the vote of the Major. [The words "plurality of voices" here
occur in Roslyn copy.]
WEIGHTS AND MEASURES.
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 Ell, and one
yard, that all 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 of the Elle and yeard, and
the High Constable is to take Cognizance, that the Constable
and Overseers of every 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 present to the
next Court of Sessions And theire to be Sworne to the faithfull
discharge of his duty And hee shall have power to send forth
his warrants by the Constable to all the Inhabitants of their
Towne, to bring in all 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 have for every weight and measure from the
owners thereof two pence at the first Sealing, and for viewing
and resealing them yearly after one penny. And all such
weights and Measures as cannot bee brought to their just stand-
LAWS OF THE COLONY 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 all Causes (whether Civil 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 age 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
of 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 have onely eighteen.
pence per Diem.
It is always to be understood That the Party Delinquent
or Cast, whether in Civil or Criminall Cases, shall pay all
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 have due regard to such wolfe or
wolves brought by the Indians, that they appear to be fresh
9
66
LAWS OF THE COLONY OF NEW YORK.
and newly killed, with Circumstances that they are killed upon
Long Island and not else where; The Constable and Overseers
are to cause the heads 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 OF 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 spoile and
Embezlement, And all Justices of the Peace, Mayers 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 to 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 have Employed their time and Labour to the preserva-
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, SPECIALL WARRANTS AND SPECIALL LICENCES.
All writings warranted or Licenced under the Governour his
hand and Seale, shall be esteemed and Observed as Speciall
Warrants, Licences to all Intents and purposes.
OATHES,
Whereas you are Chosen and appointed by the Governour and
Councell, Established under his Royal Highness the Duke of
Yorke to be a Justice of the Peace over the Jurisdiction of the
LAWS 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, to the
best of your Skill, with a good Conscience and according to the
Lawes of this Goverment, Dispence Justice Equally and
Impartially in all Cases and to all persons whereunto by virtue
at your Office you are impowered. So help you God.
Whereas you are Chosen and appointed by the Governour and
Councell, Established under his Royal Highness the Duke of
Yorke to be High Sheriffe for this present 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 Deputy Issue forth all such writts, Serve
'Attachments, Executions, Judgments as properlly belong to your
Office, and punctually observe all warrants to you directed from
any Court or Superior Authority of this Goverment, you will
from time to time Call the high Constable of each Riding to an
Accompt for all fines, Levies, Assessments and all 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 Sumes to the
Governour and Councell at New York, you will also render yearly
a true Accompt and make good payment thereof, And will in all
things behave yourselfe according to the quality of your Office,
and the trust reposed in you So help you God.
Whereas you are Nominated 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 Swear by the
Ever living God, That you will discharge the trust reposed in
you, with a good Conscience and diligence in all things where-
unto you are empowered by Law; you will fully execute and per-
forme all manner of writts Summons, warrants, or the like,
which 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 sum or
sums as are due to the publique, within their Respective Townes
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 prevention of all Attempts against the same you will duly
Execute all Speciall warrants which shall be sent unto you from
the Governour and Councell Established under his Royal high-
ness the Duke of York and faithfully Execute all 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 all such fines
Rates and Sumes of Money, due to the publique, in such moneys
or Goods valuable for which you shall have Sufficient warrant;
rendering accompt thereof and the defaults to the high Con-
stables and with like faithfullness, speed and Diligence will
serve all 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 difference ariseth, within your Towne and
limits by small Actions or otherwise as is by law appointed, you
will Assemble a convenient Number of the Overseers of the
Towne and Limits to sitt as a Towne Court, for the Hearing,
determination or Composing all matters pertaining to your
Cognizance. And in all 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 Towne affaires,
according to present Lawes Established, without favour
affection or partiallity to any Person or Cause which shall fall
under your Cognizance as an overseer, And at time, when you
shall bee required by your Superiours to Attend the private
differences of Neighbours, you will Endeavor to reconcile them,
And in all 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, between A, B,
and C, D, in this Court; According to the Evidence given you,
and the Lawes of this Government, So help you God.
You do Sweare by the Everliving God; That you will Con-
scientiously try 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 now
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 Consideration you
do here Sweare by the Everliving God, That all partiality, pre-
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 warrant for his
deliverance, as also that you will 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 all convenient times whilest you shall
be in place, or shall be required to Execute your Office you will
duely and diligently attend the same and without favour
'Affection or Corruption Sort all Pipe Staves presented to you
rejecting such as are not Merchantable, and make a true entry
thereof according to Law, So help you God.
You do sweare by the name of the Everliving God that in
the office of a Surveyor, you 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 all writings, Instruments and Articles that you are to
give Testamony unto, when you shall bee required; you shall
performe the same truly and sincerely according to the nature
thereof without delay or Covin, And you shall Enter and keep
a true Regester of all 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 hereby Sweare
by the name of the Everliving God, that you will well and
truely Pack all Beefe, Porke and other things when you shall
70
LAWS OF THE COLONY OF NEW YORK.
be thereunto required, you shall Pack no kinde of Goods but
such as are good and Sound nor any Goods in any Caske, that
is not of a Just and full Gage; you shall also sett your particu-
lar marke upon all Caske Packed by you; And in all things
proper to the place of a packer you shall faithfully discharge
the same from time to time, according to your best Judgment
and Conscience, So help you God.
You being Admitted of the Councell of the Gouvernour under
his Royall Highness the Duke of Yorke within these Territoryes
Comprehended in his Majesties Letters Patents, do Sweare
that you will to the best of your Judgment, and at all 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 all things be a true and faithful Councellour when
you are thereunto required, So help you God.
·
PRECIDENTS AND FORMES.
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 or for a Slander
you have 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
of .... 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 Attachment" here occur in Roslyn copy.]. &c.
as before and to make a true Returne thereof under your hand
Dated the Day &c.
Know all men by these presents that we (A B,) of C yeoman,
and (O P,) of the same Carpenters do bind ourselves, our heires
and Executors 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 (LM) in an Action of and to abide the Order of
the Court therein, And not to depart without Lycence.
1
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 Sufficient Surety or Sureties,
to Prosecute his Replevin at the next Court, holden at B, and
so from 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
B Southampton
C Southold
D
Seatalcott
E Huntington
F Oyster Bay
G Hempsteed
H Jamaica
I Flushing
K West Chester.
L
New Towne
M
Bushwick
N
Brookland
O Flat Bush
P
Flat Land
R Gravesend
Q Utricht
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 some particular Lawes and other
things needful to be incerted therein have beene omitted; I have
thought fitt to Send unto you these following Amendments and
additions which you may Communicate for the present to the
Severall Towns within your riding and at the Assizes they may
receive further Confirmation or alteration as shall be found
most Expedient.
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 payment 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 general
72
LAWS OF THE COLONY OF NEW YORK.
trayninge appointed for the townes of the East riding (In regard
of their distance) be respited till further 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 North Sea
from the towne of Southampton (to which it doth belong) there
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 Consideration
at the Assizes whether the other townes 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 which fine was formerly ordered by Mr.
Winthrope to be returned, The Justices or the officers of the
Towne are to take Care the said order be performed.
That the Constable of each Towne During his office may fur-
nish the Indians with such quantity of powder as may be thought
necessary for their killing of wolves and provisions, And also
may permit them to have 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
within your
Riding which are now allowed to be of force
amongst them (as well such as were made before the publique
Lawes 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 Townes 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 Towne who shall be nominated of the Jury do give attend-
ance in his place with the Staffe of the Constable.
That whereas it is ordered in the Laws that noe man shall sell
a less quantity of Liquors than a Quarter Cask without a Licence
&c: It is to be understood that noe man is hereby hindered for
buying for his own private use any quantity of Liquors provided
he do not sell by retaile without a Licence.
LAWS OF THE COLONY OF NEW YORK.
73
That whosoever (being duly elected) shall refuse to serve as
an Overseer shall pay the same fine as is appointed for a Con-
stable refusing to serve in his office.
That Whosoever shall be nominated to serve in a Jury with-
out Just Cause showen shall refuse it he shall forfeit twenty
shillings towards the defraying publique Charge which
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 from another any Coyne, goods, or
Chattels to the value of ten shillings or upwards he shall be
whiped or pay such a fine as the Court shall Judge to sattisfie
all 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 from 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 them and shall not legally prose-
cute the offender he shall forfeit to the publique use the goods
received or the value.
To the Justices of the peace High
Sheriffe and all other officers both
military and Civill in the East Ri-
ding of Yorkshire on Long Island.
RICHARD NICOLLS.
[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
under 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,
10
74
LAWS OF THE COLONY OF NEW YORK.
or from the Generall Court of Assizes, he shall pay for every
Dayes absence, tenn pounds, And every Petty Constable for
each 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.
[Accons.
this head.]
This to be written in the place of ye 2d. clause of
In all 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 either or both
parties shall refuse (upon any pretence) to stand to arbitration
Then the Court shall Determine 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 all differences under five pounds not tryable in Sessions
the Constable is to have one shilling for nameing Arbitrators
to whom if the difference be referred, they shall have two Shil-
lings and Sixpence each, If the Action is brought to the Justice,
he shall have 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 equivalent to a Jury, and the Con-
stable upon equall Division, is to have 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 COLONY OF NEW YORK.
75
Titles of Land as well as other accons are to be tryed in
Sessions unlesse being above the value of 20£. they shall bee
Ordered to bee tryed att the Assize by the Governour's Speciall
warrant.
Any Accon of Debt &c. above the value of 20£. may likewise
bee tryed at the Assizes by Special Warrant from the
Governour.
Those that live att a great distance from Courts, are to have
the heads of the plts Declaration, left at the Place of their
Abode as well as the Summons before the tryall, eight dayes.
Where the Originall Point ["Point" is "Plaint" in Roslyn
copy.] is matter of equity the proceedeings shall bee by
way of Bill and delivering in Answers upon Oath and
by the Examination of witnesses, in like
witnesses, in like manner as is
used in the Court of Chancerie in England, And due regard
must be had that the Defendant have timely notice thereof,
as is appointed at Common Law; which is eight dayes warning
before the Court shall sitt.
[Administracon. This to bee the last clause.]
That all Originall Wills after haveing beene prooved att
the Court of Assizes or Sessions and returned into the Office
of Records att New-Yorke shall remaine there, and the Execu-
tors Administrators shall receive a Coppie thereof, with a
Certificate of its being allowed and attested under the Seal
of the Office.
[This amendment to be in ye second clause.]
Administration may be granted by the Court to any Person,
the Second Sessions, but to widow or Child, Brother or Sister
immediately.
[To come in Betweene the 5th and 6th clauses.]
A (Quietus) is to be procured within a yeare and six weeks
after Administration is granted or a will prooved.
[Appeale. This and the next to come in before the last clause.]
All Reasons of Appeale as well as Declarations are to be
delivered into the Clarke of the Assizes or Sessions, eight Dayes
before the Court sitts.
The Security to be given for prosecuteinge of appeales, shall
be taken by the Court the party appeales from, and for the
prosecution of any other suit at the Assizes Security shall be
'given to the Clarke of the Assizes.
[To be in ye place of ye last clause.]
All appeals are to bee made by way of Petition to the Gov-
ernour and Councell, and the Appellant shall pay tenn shillings
upon the deliverie of his Petition, over and above two Shillings
76
LAWS OF THE COLONY OF NEW YORK.
Six pence to the Clarke of the Assizes, for Entring of the
Appeale.
[Appearance.]
These words (a Justice of the Peace) are to bee Added in
the beginning of this clause (vizt) It shall be lawful for the
plaintiffe or Defendant to take out a Subpoena from a Justice
of the Peace, the Sheriffe, or under Sheriffe.
[Apprizement.]
That Whereas it is said in the second Clause the Sheriff
shall remove the Goods, cut of the possession of the Plaintiffe
&c. It is to be altered and written out of the possession of
the Defendant.
And whereas 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 shall be nominated and Chosen
Apprisores of Goods lands or whatsoever else, shall be taken
in execution are to bee allowed fouer Pence per pound, for
what shall be by them soe apprised which 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 which 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 hereby 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 Goverment 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 (viz) And every Inhabitant who shall not contribute (to
all Charges both Civill and Ecclesiasticall) Proportionably to the
Rate so Assessed &c.
[Assizes.]
In the first Clause, its to bee written the General Court of
'Assizes &c.
LAWS OF THE COLONY OF NEW YORK.
77
[To follow what is alreadie written in the Booke.]
A Court of Assizes may also bee Called at any tyme (by speciall
warrant) to heere and Determine Civill Causes (that require a
speedy dispatch) as well as Criminall.
[This likewise.]
No other Processe shall Issue forth for tryall of Accons at the
Assizes, But the Governoures speciall warrant, Except in Cases
of Appeale.
[Bayle. This to be in ye place of ye 4th clause.]
To Bayle one not Bayleable is a negligent 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.]
All 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 11th 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 come 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 value 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 Discretion of the Court to approint smaller Mulcts
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 (haveing with him the
staffe of His office,) may make search in any House or place
suspected both for the offender, and for the goods stolen, And
whosoever having his Goods stolne, shall privately receive 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 all proceedings shall bee accordinge to
the Lawes of England which is by Divorce (if sued) Corporall
punishment or fine and Imprisonment.
[Cattle, etc. This to follow ye 4th clause in ye Booke.]
All those who shall have their Cattle markt, with the Towne
marke, shall pay to the Officer that markt them, two pence per
head.
[This to come 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,
from five Pounds and under tenn Pounds, five Shillings, from tenn
Pounds, and under twenty 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 such Churches shall be built within three years, after
this assizes, to which 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 & all the Overseers who are to
take the like care as is required of the Churchwardens.
[Charges Publique.]
That the Second Clause in Charges Fublique 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 bec incerted to act between the high Sheriff
and the Constables.
[Constable. This & that which followes to come 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 them to have theire 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,
from the Towne of Southampton (to 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
summe of five pounds, towards the defrayinge of Towne
Charges.
[Courts. This to be ye last clause.]
Memorandum, 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 come 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.] to 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.
All 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 have 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.]
I
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 above two pence the quart, nor
any Liquors above twelve 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 private use, any
quantity of Liquors, And it shall and may bee Lawful for any
Person, to sell such quantity to him, so that hee doe 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 have power
to give 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 from whom to their returne.
[This to followe.]
That whosoever shall bee nominated to serve in a Jury
and without Just Cause showed shall refuse it, he shall forfeit
twenty Shillings, towards the defrayinge of Publique Charges,
which is to be levied by the Constable.
[This to be ye latter end of ye last clause save one.]
And the Court upon 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 Replevine ex Officio.
[In ye last clause in ye Booke.]
Whereas it is said Justices may preside in Towne meetings
it is to be written in Towne Courts. 、
[This to be ye last clause.]
་
Every Justice of the peace, shall have allowance of Twenty
pounds per Annum to bee payed out of the publique Rates,
towards the defrayinge of theire Charges, over and above what
may arrise out of the fines & Amerciaments not otherwise
disposed of.
[Lands. This to come in the 2nd clause after ye words
(Present posessor or right owner).]
To the end all former Purchases &c: all persons whatsoever
who have any grants or Patents of Towneshipps, Lands or
Houses, within this Goverment shall bring in the said Grants
LAWS OF THE COLONY OF NEW YORK.
81
or Patents to the Governour and shall have them Renewed
by Authority from his Royal Highness the Duke of Yorke,
before the beginninge of the next 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.]
All Persons to bee accompted of fitt age to Marry, when
the Man shall attaine to the age of twenty-one, and
Woman 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, Bridle Holsters and Pistells, or a Carbine 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
upon Dayes of Muster and Exercise, tenn Shillings a day, Neither
is it Lawfull for any listed Trooper to disband himselfe (But with
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 for 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 Virtue of his Office.
11
82
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 Confirmed within fouer monthes &c. it is to bee written
at the next Court of sessions.
[Witnesses. What follows 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 copy 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 precinct 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 contrary, in anywise notwithstanding, Given under my
hand at ffort James in New Yorke the 30th day of October 1665.
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.
1st. Whereas Co.nplaint has beene made that severall Indians
at ye East end of Long Island do Truck for & buy 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 within this Govern-
ment shall be permitted, to buy or keep any horses & if any
have 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 & cause
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LAWS OF THE COLONY OF NEW YORK.
83
such Pson or Psons as have sold any Horse Mare or Colt unto
ye Indians to take them back againe & give other satisfaction to
them Equivolent with their Contract.•
And if anyone shall hereafter presume 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 pay 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 of small under sized horses that run
in ye woods, It is ordered That ye Lawe made in 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 conveniently it can it be put in Execution.
3. That ye Fees of Constable & Overseers in Towne Court, be
Regulated 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 they have 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 have
brought in and Pfected their Accounts, ye which they are hereby
strictly required to doe without any further or longer delay.
5. Whereas it is appointed in ye Laws Establisht within this
Government, That all wills & Administracons Upon ye Estates
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 well 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 which they depend,
& if any Pson hath already beene, or hereafter shall be fyned for
Contempt or disobedience herein, ye fynes are forthwith to be
levyed by ye Sheriffe who hath hereby sufficient authority to do
ye same.
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LAWS OF THE COLONY OF NEW YORK.
9. Whereas t ye Generall Court of Assizes held in ye yeare
1666, It was ordered that all 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 purchase or Patent from any other Pson or
Psons whether Indians or others should have them Renewed or
Confirmed by ye Governor and ye Authority of his Royall High-
nesse within a certaine tyme prescribed and ye penaltye in
ye said Law sett forth, In obedience whereunto all Townes
upon Long Island have had new Patents Except ye Townes
of South Hampton Southhold and Oysterbay, who upon some
Nicetyes or pretences have 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, & in ye meantyme that
all their Deeds of purchase Grants or Patents not confirmed as
aforesaid shall be lookt upon as Invalid to all Intents & Pur-
poses as is in ye book of Laws Specifyed.
10. That ye Officers of ye Severall Townes to whome Warrants
shall be issued forthe by ye High Sheriffe to bringe in ye
valuations of their Estates 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
Court 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 Towns be diligently 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 have beene made of ye great
abuse of bringing Dead Hogs & Porke into this Citty, & it
being not discernable how longe they have beene killed by
reason too often brought frozen, & so not Capable of preserving
by Salt which tends much to ye disreputation of that commodtye
when 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 well
LAWS OF THE COLONY OF NEW YORK.
85
Salted & Packed according to ye Lawe, otherwise Smoakt or
dryed, of which all persons are to take notice as they will
Answer ye Contrary at their perill.
15. Whereas ye works and l'allisadees about ye Fort in this
Citty are very much fallen to decay, & it is found requisite
& necessarye for ye safety of ye place & government that Some
Reperations shall be made thereupon in ye Springe, It is Ordered,
That 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 have made
Complaint by way of Adresse of this Court desiring a Regula-
tion thereof, That some Psons who have Lotts of Land in
their Towne do make severall divisions thereof, and sell ye
Same to divers poor inconsiderable Psons, who though they
have 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 come to be governed by ye most & least concerned
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 Nicolls, Sec'y.
Orders made & Confirmed at ye Generall 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 have been made unto this Court
from ye Inhabitants of severall Townes 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 present time, Horses & Mares now
yielding not above Halfe soe much as they were worth then &
yet they are still rated alike, Concerning the which, They have
some Redress; The Court haveing taken ye Premisses into Con-
sideration doe Order, In regard ye valluacons according to ye
Law being already brought in, & no Provision made to supply ye
Deficiency of ye Summe which by Consequence will be wanting
86
LAWS OF THE COLONY OF NEW YORK.
if an abatement according to ye present value of Horses &
Mares should be allowed, that ye Rate for Horses & Mares as
well as other Matters shall for this present yeare continue as
heretofore; But in ye meantime think fitt that some Proposalls
be prepared against ye severall Courts of Sessions to be held in
the Month of June next, how to make the rate Equivalent if ye
Peticoners Request shall be Granted; And ye Justices of ye
peace making Reports thereof to ye next General Court of
Assizes, there shall be such Order taken therein as will be
thought most requisite, tending to ye good and Welfare of ye
Goverment.
2. Whereas severall Peticons have 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 might be taken off & that they might have 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 present yeare (ye uncertainty whereof was
ye primary 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 Expectacon of a plentiful
Harvest, Yet notwithstanding it being since experimentally
found that retayning such Grayne 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 prejudice of
ye Inhabitants; The premisses being seriously Debated &
maturely taken into consideration, the Court doth order that ye
prohibition for the Exportacon of wheat in Grayne, as also of
meal as it comes from ye Mill doe Continue untill ye next
General Court of Assizes; And also that noe Person within
this Government doe presume to Exporte any Wheat in Grayne
or Meale undrest as it comes from ye Mill as aforesaid (without
ye Governors Speciall Lycence under his hand and Seale for ye
same) under ye penalty of Confiscacon of such quantyes of
Wheat or Meale as shall be mett with all 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 have been made, that notwith-
standing ye publique Order of ye Government that all Vessells or
Boats Loden with Goods or Merchandize should make Entry of
their Vessells & Loading, & pay such customes as are setled by
LAWS 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 all Boats, Sloops or Ves-
sells coming into or going out 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 such 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
Cognizance of & receive the same; And that under ye penalty of
forfeiture & confiscation of such Boate, Sloop, or Vessell When-
soever they can be mett with, according to ye Lawes & Customes
in such Cases provided.
4. Whereas great Complaints have been made as well to ye
Governor as unto this present 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 provided, as also of severall Orders from the Gov-
ernor reinforcing ye same, nevertheless divers of them have
neglected to make up their severall Accounts with ye respective
High Sheriffs, who successively have been in that Employment;
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 have
according to their Duty performed their Trusts, yett lye under
ye same Imputacon; It is therefore Ordered that ye Constables
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 Sheriffs, 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 March next, under ye penalty that (in
default thereof) their Estates be distreynd upon for ye same;
And in case any of them be dead, and have 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 ye Clarkes of ye respective Courts of
Sessions do also Clear their Accounts with ye Sheriffs 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 YORK.
It is ordered by ye Governor
that ye Courts of Sessions
to be held in ye North & West
Rideings this next Month
of December shall bee for
ye North on ye first
Wednesday, & for ye West
on ye second.
Matthias Nicolls, Sec'r.
[All of which follows is in the East Hampton copy only.]
Whereas Severall Explicacons and some Amendments in the
Lawes are thought of present necessity to bee made for the
good, and to the Satisfaccon of the Countrey, I have thought
fitt to Communicate the Same underwritten unto you, and to
Authorize you to Act therein, as by vertue of this my Speciall
warrant, Untill such time as they may bee further Enacted
and Confirmed at the next Generall Assizes, Given under my
hand this 26th of February 1665.
RICHARD NICOLLS.
If the High Constable shall have no publick business at the
Assizes or Sessions he may bee Excused from his attendance
by any Justice of the Peace of the Riding to which hee belongs
under the hand of the said Justice to bee produced in the
Court.
All Originall Debts or Trespasses must bee of the vallew of
five pounds 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 Defendant Witnesse Juror or any publick Officer.
The Purchases of Lands under the Value of thirty Pounds
are not obliged to bee Recorded 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 Rates in all Sorts of graine
to bee according to the Price at the time and Place where it
is payable.
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LAWS OF THE COLONY OF NEW YORK.
89
Constables are to have a Competent allowance for the time
they Spend in Searching and enquiring after the Estate of the
Dead, to bee made by the Justice of the peace before whom hee
shall take his Oath of the truth of what 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 of
Goods Distreyned.
That the apprizers of the Goods of any one Dying Intestate,
shall have 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 Consideration 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 March 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 Estates 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
proportionably five Shillings for each hundred pounds, towards
the Defraying Court Charges.
That the Plaintiffe at the Entring 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
all Graunts and Pattents are to bee brought in and renewed &c.
Its to bee understood, that all old Grants which are to bee
brought in, are to bee Confirmed and returned to the Parties.
And where no Lawful Graunts are, or that they bee Doubtfull,
New and Legall Grants shall bee obtained.
RICHARD NICOLLS.
12
90
LAWS OF THE COLONY OF NEW YORK.
ADDICONS Amendments and explanacons of some things in
the Lawes made and Confirmed at the General Court of
Assizes held in New Yorke the 27th 28th & 29th Dayes
of September and the 1st & 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 Attendance at the Court of Sessions
or Assizes, as also all 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 tyme to come are to
pay their proportions to the Towne Rates to which they belong
and are to bee excused onely from payments in the Rates for
publique Charges.
That the present 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 all publique
Receipts & Disburstments provided that this shall no wayes
Infringe the privilege in the Law allowed to the North & West
Ridings, of haveing each 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 day 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 all 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 Towne 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 Resides, upon extraordinary occation the Con-
stable, and Overseers, shall have 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 such 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 come, there shall be held in each Riding
but two Courts of Sessions in one yeare, the first to begin on
LAWS 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 present, It is therefore ordered that the
Clarkes of each 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 Capacity as if the said war-
rant were signed by the high Sheriffe,) to Summon a Sufficient
Jury or Juryes to attend the publique Service in the said
Sessions.
That in all 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 sufficient, ast
already in the Law is sett forth.
That the number of Overseers in each Towne shall before
the first Tuesday in november, next bee Reduced to foure, and
whereas election hath bene already made in the respective
Townes of foure new overseers for this present yeare, two of
them onely shall continue in theire places, and the other two
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 each Towne.
That the Constables and foure overseers shall for the tyme
to come, have to all intents and purposes, the same power
priviledges to act and to do in all matters Relating to their
Towne affaires, as heretofore was in the Law allowed, to the
number of eight, and that in Towne Courts the Constable and
any two of them, have power to heare and decide all such
matters as come within their cognizance, as formerly the Con-
stable and foure of them might have done.
That att the tyme prescribed in the Lawes for Election of
Constables and Overseers the two old overseers att present
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 each Towne shall be by the
vote of the major part of the Inhabitants.
That in each 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 shall take the oathes in the Lawes
enjoyned, Alwayes provided that if any person of the towne
or Stranger, have a Cause or Suit depending to bee tryed in
that towne Court where the overseers are not sworne, in such
cases that the person may have a lawful objection against
their proceedings, unless the overseers 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 tyme of the yeare which is to be att or before
the last day of December, and the Constables haveing already
sufficient 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 of December next, with the present 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. 6d. 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 Estates to the Constables as is Required the
Constable and overseers shall putt a vallue thereupon accord-
ing to their discreations and destrayne for the same Accordingly.
That whosoever shall neglect or Refuse to obey a Speciall
warrant under the Governours 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 shall Reproach or Defame any Person or
Persons, who have or shall Act in any publique Imployment,
either in Court or otherwise or shall villifie their proceedings
who serve the publique in this Goverment by Authority under
his Royall Highnes the Duke of Yorke, or whosoever hereafter
shall any wayes Detract or speake against any of the Deputies
signing the address, to his Royal 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 thence 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 all persons are to
bee accompted cf fitt age to marry, when the man hath attained
LAWS OF THE COLONY OF NEW YORK.
93
to the age 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 payment of Jurymen, shall bee by abatements in
their Rates in the townes where they Inhabite which upon
Certificate of their service from the Clarks of the Courts of
Assizes or Sessions, shall bee allowed them by the Constable.
Whereas divers Complaints have bene made that notwith-
standing, the penaltyes in the law sett forth severall persons do
presume to sell liquors to the Indians whereby oftentimes greate
Disorders are Committed, but what is done by them in that kinde
is acted so privately that seldome any other proof thereof 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 sufficient
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 Receive a Confirmacon of them, or not
comeing to take oute new grants where they are defective or
where there are none at all, according to former directions in
the law, As also takeing itt into their serious Consideracons 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 all grants or pattents
whatsoever formerly made shall bee brought in to bee confirmed,
or Renewed by Authority of his Royall Highness the Duke of
Yorke, and all such as have not pattents, shall likewise 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 have Liberty, to plead any such
old grants pattents or Deeds of purchase in Law, but they shall
be looked upon as invalid to all intents and purposes.
By order of the Governour
and Court of Assizes,
MATTHIAS NICOLLS, Secr.
[In the East Hampton copy here follows an alphabetical
index of the preceding laws, entitled "A table made May the
20th 1667."]
94
LAWS OF THE COLONY OF NEW YORK.
1
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.
1st. 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 all 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 them
unless in Cases of Criminalls, or upon Capitall Crimes where all
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 Consideration how great
Abatement there is in the Rates of severall Townes upon 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 come for all
Wolves which shall be killd within the Bounds 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 preservacon
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 have 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 any Stranger or person unknown shall come to,
or travill through any Towne or place within this Goverment
without a Pass port or Certificate from whence hee came and
whither he is bound, shall bee lyable to bee Seized upon by
any Officer of the Towne or Place unto which hee comes, or
through which he shall travaile, there to bee Secured untill
hee can Cleare himselfe to bee a free Man, and shall defray the
Charges of his Detention there, by his worke or Labour (if not
otherwise able to give Satisfaction) in the best way and Manner
he shall bee found capable.
1
LAWS OF THE COLONY OF NEW YORK.
95
4. Vpon its being represented to this Court that notwith-
standing the postive Law and ye Severall Orders of Assizes
and otherwise That English Weights and Measures shall bee
only used in thes his Royall 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 Cattle 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 all the Inhabitants of the
Townes upon Long Island and Precincts, from the Age of 16
to 60 (Except those exempted by the Law to go into the Woods
to cutt the said Brush or Under wood) the time to bee at the
discretion 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.
7. That the Lawes of the Goverment be duely observed as
to parochiall Churches, and that although divers persons may
bee of Different Judgments, yett all shall contribute to the Min
ister Establisht and allowed of, which is noe way judged to bee
an Infringement of the Liberty of Conscience, to the which they
may pretend.
8. That forasmuch as many and great Complaints have 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 have
past the Censure of the Law, for a greater Terror 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 all 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 have not yet brought in their Accompts
to bee audited and allowed of doe without further delay per-
forme the same by the time 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
same under the penalty in the Law sett forth, or such farther
Mulct 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
recommended from the Governour, every Towne and Corporation
within this Province, as also particular persons have by their
free Consents and Subscriptions contributed towards the same,
the collection whereof in the severall Townes in Countrey pay,
by other than by themselves will bee found both inconvenient,
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 have 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 have been made as well
to his Honour the Governour as unto this Court, some repre-
senting the Convenience, 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 Consideration had hereupon, It is Ordered, That the
Prohibition for the Transportation of Corne shall bee repealed,
And it shall and may bee Lawful for any man to transport
Wheat in Grayne or Meale from any part of this Goverment
to Boston 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 presume 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 Strangers shall come 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 Convenience or Inconvenience thereof shall
appeare.
12. Whereas It is thought expedient that a certaine Regula-
tion should bee made upon the Silver Coyne which passeth to
LAWS OF THE COLONY OF NEW YORK.
97
and fro in this Goverment by 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 valued & 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 copy, 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 6th and ending on the 13th day
of October in the 27th yeare of his Majesties Reigne Anno
Domini 1675.
Vpon consideration 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
small 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
Houses &c. being approved of, Its Ordered strictly to bee
observed.
Vpon a Proposall whether it will not bee convenient at this
juncture of time of the Indians Disturbance to the Eastward,
to bring all Cannoes on the North side of Long Island to this
place, or to have them all destroyed to prevent any Entercourse
with the Indians on the Maine and our Indians or that these
Canoes bee brought to the next Townes, and secured by the
Officers; Its Resolved That all Canooes whatsoever belonging
to Christians or Indians on the north side of Long Island to
13
98
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 them
neare their Block Houses, And that whatever Canooe shall bee
found upon the Sound after that time bee destroyed.
That the Indians at Mr. John Pells on Anne Hooks Neck 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 have Certificates 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 roe case is to bee
allowed.
It being taken into Consideration whether it bee not proper to
have English Weights and Measures to bee used according to
the Law; 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 all other
parts throughout the Goverment; And that whosoever shall after
that time presume to use any other Weights or Measures, shall
forfeit all 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 consideration, and the Present 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 present value;
Ordered that the Rates doe continue as they now are; And that
all persons who have Horses upon Long Island doe within the
space of six months prove their Horses before the 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 his Royall
Highnesse, the other halfe to the Towne to which they shall bee
brought: And that noe person presume to marke any Horse or
Colt, but before the Constable and Overseers, or Cheife Officer
of the Place.
That all persons upon Long Island who have Estates from the
value of 20£, to 100£. may keep one Breeding Mare, and noe more;
And soe proportionably for every 100£, one. But may have as
LAWS OF THE COLONY OF NEW YORK.
99
many working Geldings or Horses of Size according to Law, as
he shall have Occation of, and double the number in the woods.
That all Persons who are single, though 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 Stranger
Coopers, It is likewise Ordered That noe Cooper shall bee
admitted to make Caske without the Consent of the Magistrates
and Officers of the respective Townes, and that the Sworne
Gagers and Packers chosen and authorized according to Law,
shall have the same Inspection of Oyle Cask, and viewing of
Oyle, as for Beefe, Porke &c; and to have 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 Law: In
Default whereof to answer it at their Perills.
The Church Affaires being taken into Consideration, and
particularly the Maintenance of the Ministry, It is Ordered,
that towards the Maintenance of the Ministry, besides the Usuall
Countrey Rate, there shall bee a Double Rate levyed upon all
those Townes that have 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 all Grayne, Cattle or other Produce of the Countrey,
to bee held the first Munday, Tuesday, and Wednesday 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 Rates shall be Levyed,
according as there shall bee Occation, An accompt whereof to
bee given to the following Court of Assizes.
Ordered, That in all Cases, the Magistrates 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 Separation by Water Staten Island ·
shall have a Jurisdiction of itselfe; and to have noe farther
dependance on the Courts of Long Island, nor on their Militia.
By order of the Generall Court of Assizes.
MATTHIAS NICOLLS, Secr.
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 have 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, Vol. 1, p. 389.]
The Governors Revocation 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 Reigne,
Granted to His Royall Highnesse, James Duke of Yorke wherein
full & absolute power is given and granted to his Royall High-
nesse or his Deputyes to Constitute, appoint, revoke & discharge
all Officers both Civill & military, as also to alter & change all
Names & styles fformes or Ceremonyes of Government: To the
End that His Majesties Royall Pleasure may be observed & for
the more Orderly establishment of his Majesties Royall authority,
as near as may bee Agreeable to the Lawes and Customes of his
Majesties Realme of England; upon Mature deliberacon &
advice, I have thought it necessary to Revoke & discharge, and
by these Presents in his Majesties Name, do revoke and dis-
charge the fforme and Ceremony 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 Royall Highnesse wherein the wel-
fares of all the Inhabitants and the Preservacon of all their due
Rights and Priviledges, Graunted by the Articles of this Towne
upon Surrender under his Majesties Obedience are concluded; I
do further declare, That by a particular Commission, such per-
sons shall be authorized 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 have especial
reason to put Confidence, which persons so constituted and
appointed, shall bee knowne and called by the Name & Style of
LAWS OF THE COLONY OF NEW YORK.
101
Mayor Aldermen & Sherriffe, according to the Custome of
England in other his Majesties Corporacons: Given under my
hand & Seale at ffort James in New Yorke, this 12th day of June
1665.
Richard Nicolls.
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 Council of War in the service
of Their High Mightinesses the Lords States General of the
United Netherlands and his Serene Highness the Lord Prince of
Orange, etc. HEALTH!
WHEREAS We have deemed it necessary, for the advantage
and prosperity of Our City New 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 all the Cities of our Fatherland, to the end that
Justice may be maintained and administered to all 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, have
elected from the Nomination exhibited by those in office as
Regents of this City for the term of one current year,
(Anthony de Millt.
As Schout
As Burgomasters
(Willem Beeckman,
A's Schepens
(Johannes Van Brugen,
(Johannes de Peyster,
(Egedius Luyck.
(Jeronimus Ebbyng,
(Jacob Kip,
(Louwerens Vander Spiegel,
(Geleyn Verplanck.
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 Laws
102
LAWS OF THE COLONY OF NEW YORK.
and Statutes of our Fatherland, and to make therein such orders
as they shall find advantageous and proper to this City [Here
the paper is destroyed.] And the Inhabitants of this City are
well and strictly ordered and enjoined to respect & honour the
above named Regents in their respective qualities, as all Loyal
and Faithful Subjects are bound to do. Done ffortress Willem
Hendrick, this 17th August Ao. 1673.
Jacob Benckes
Nicolaas Boes
(Was Signed)
Cornelius Eversten, the Younger
A. Colve.
A. F. Van Zeyll.
COLVE'S CHARTER.
[The following instructions, sometimes known as "Colve's Charter"
because granted by Colve, governor general of the province, have been
translated and published in Documentary History of New York by E. B.
O'Callaghan, 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 the Schout, Burgomasters and
Schepens of the City of New Orange.
1st. The Schout and Magistrates, each in his quality shall take
care that the Reformed Christian Religion conformable to the
Synod of Dordrecht shall be maintained, without suffering any
other Sects attempting any thing contrary thereto.
2. The Schout shall be present at all Meetings and preside
there, unless the Honble. Heer Governour or some person
appointed by him be present who then shall preside, when the
Schout shall rank next below the youngest acting Burgomaster,
But whensoever the Schout acts as Prosecutor on behalf of
Justice or otherwise, having made his complaint, he shall then
rise up and absent himself from the Bench during the deciding
of the case.
3. All matters appertaining to the Police, Security, and Peace
of the Inhabitants, also to Justice between man and man, shall
be determined by final Judgment by the Schout, Burgomasters
and Schepens aforesaid to the amount of Fifty Beavers and
under, but in all cases exceeding that sum, each one shall be
at liberty to appeal to the Heer Governour General & Council
here.
4. All Criminal offences which shall be committed within
this City and the Jurisdiction thereof shall be amenable to
the Judicature of said Schout, Burgomasters and Schepens who
shall have power to judge and sentence the same even unto
DEATH inclusive; provided and on condition, that no sentence
LAWS OF THE COLONY OF NEW YORK.
103
of corporal punishment shall be executed unless the approval
of the Heer Governour General and Council shall be first sought
and obtained therefor.
5. The Court shall be convoked by the President Burgomaster
who shall, the night before, make the same known to Capt.
Willem Knyff, (who is hereby provisionally qualified and author-
ized to be present at and preside 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. All motions shall be put by the first Burgomaster, whose
proposition being made and submitted for consideration, the
Commissioner there presiding in the name of the Hr Governour
shall first vote there, and so 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 have
power to decide by his vote, in which case those of the con-
trary 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 oldest 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 have power
to enact, and with the approbation of the Hr. Governour to
publish and affix some Statutes, Ordinances and Placards for
the Peace, Quiet and Advantage of this City and the inhab-
itants thereof within their district, provided that the same do
not in any wise conflict, but agree, 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 Magistracy, and not to suffer any thing
to be done contrary thereto, but proceed against the Contraveners
according to the tenor thereof; and further promptly execute
such 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 Lord
104
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 election of all inferior officers and servants in the
employ of said Schout, Burgomasters and Schepens shall, with
the sole exception of the Secretary, be made and confirmed by
themselves.
13. The Schout shall execute all judgments of the Burgomasters
and Schepens, without relaxing any, unless with the advice of the
Court, also take good care that the jurisdiction under his
authority shall be cleansed of all Vagabonds, Whorehouses,
Gambling houses and such impurities.
14. The Schout shall receive all 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 all the other fines, on condition that he presume
neither directly nor indirectly to compound with any criminals,
but leave them to the judgment of the Magistrates.
15. The Schout, Burgomasters and Schepens aforesaid shall
convoke an Assembly on the 11th day of the month of August,
being eight days before the Election of new Magistrates, 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 which nomination the Elec-
tion shall then be made by his Honor on the 17th day of the
month of August, with continuation of some of the old Magis-
trates, in case his Honor shall deem the same necessary. Done,
Ffort Willem Heindrick the 15th January 1674.
By Order of the Honble Heer
(Was signed)
Governr General of
New Netherland,
N. Bayard, Secrety.
SECOND GRANT TO THE DUKE OF 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, March 8, 1773, p. 92, is the following
declaration: "To remove any doubt of the validity of the Duke's title,
either from the want of seizin in the Crown when it originated, or on
account of the intermediate conquests by the Dutch, 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-
LAWS OF THE COLONY OF NEW YORK.
105
62
tained in a Report of the Regents of the University on the boundaries
of the State of New York," transmitted to the Legislature, May 28, 1873,
at p. 21.]
1
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 presents shall come Greeting;
KNOW YEE, that wee for divers good causes and considera-
cons, HAVE of our especiall Grace, certaine knowledge and
meer motion, GIVEN and granted, and by these presents, for
us, our Heirs and Successors Do give and graunt unto our
Dearest Brother, JAMES DUKE OF YORKE, 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 to the River Canada North-
wards; And all that Island 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, between 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 all the Land from the west side
of Conecticutt River, to the East side of Delaware Bay; And
also all those severall Islands, called or known by the names
of Martin-Vineyards and Nantukes, otherwise Nantuckett; To-
gether with all the Lands, Islands, Soiles, Rivers, Harbors,
Mines, Mineralls, Quarryes, woods, Marshes, waters, Lakes, ffish-
ings, Hawking, Hunting & ffowling; And all other Royalties,
proffits, Commodities and Hereditamts, to the said severall
Islands, Lands and premisses, belonging and appertaining, with
their and every of their Appurtenances, and all our Estate,
Right, Title, & Interest, benefit and advantage, Claime and
demand, of, in or to the said Lands or premisses, or any part
or parcell thereof; And the Revercon and Revercons, remainder
& remaindrs, together with the yearly and other Rents, Revenues
and Proffitts of the premisses, and of every part and Parcell
thereof; TO HAVE AND TO HOLD, etc. [continuing substan-
tially the same as in the grant of 1664].
IN WITNESSE whereof wee have 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
OF 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 hath pleased ye King's most Excellent Majesty my Soveraigne
Lord and brother by his Letters Patents to give and grant unto
Mee and my heyres and assigns all that 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 thence extending along ye sea Coast unto a certaine
place called Pemaquin or Pemaquid and soe up the River thereof
to ye furtherest head of the same, as it tendeth Northwards and
extending from thence to the River Kinebequi and soe upwards
by ye shortest course to ye River Canada northwards. And also
all that Island or Islands comonly called or knowne by ye severall
names 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 there called
or knowne by ye severall names of Conecticut and Hudsons River
together also with ye said river called Hudsons River and all ye
land from ye West side of Conecticut river to ye East side of
Delaware Bay, and also all those severall Islands called or
knowne by ye name of Martine Vynyards and Nantukes otherwise
Nantukett, together with all the Lands islands soiles rivers
harbours mines mineralls quarryes woods marshes waters lakes
fishings hawking hunting and fowling and all royaltyes and
proffits comodityes and hereditaments to ye said severall islands
lands and premisses, belonging and apperteyneing with their
and every of their appurtenancies: To hold ye same to my owne
proper use and behoofe with power to correct punish pardon
govern and rulè ye inhabitants thereof by my selfe or such
deputyes Comissrs or officers as I shall think fitt to appoint,
as by his Majesties said Letters Pattents may more fully appeare.
And whereas I have conceived a good opinion of the integrity
prudence ability and fitnesse of Major Edmund Andros to be
employed as my Lieutenant there, I have therefore thought 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 all and every ye powers
which are by ye said letters Patents graunted unto Mee to be
executed by Me my Deputy Agent or Assignes To have 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 all and every ye inhabitants
of ye said lands islands and places to give obedience unto him ye
LAWS OF THE COLONY OF NEW YORK.
107
said Edmund Andros Esqr in all 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.
By command of His
Royall Highness
Jo: Werden.
James.
ORDER TO PUT THE DUKE'S LAWS IN FORCE IN NEW YORK,
1674.
[Copied from Doc. Rel. to Col. Hist. of N. Y. III, p. 226. The original
is in London in New York Entries, CLI, 15.]
Whereas there are hereunto annexed certaine Laws estab-
lished by authority of His Majesties Lres Pattents graunted to
me and digested into one volume for ye publique use of all ye
territories in America under my government collected out of ye
severall laws in other His Majesties American Colonies and
Plantacons, upon perusall and consideracon of which it appeares
that there may be an occasion to make some alteracon or amend-
ments in some particular clauses thereof; These are therefore to
authorize and require you to put in execucon ye said laws, except
such as shall have apparent inconveniences in them; and after
your settlement at New York, with ye advice and helpe of your
Councell carefully to peruse and consider ye same, and if you
finde it necessary for ye ease and benefitt of ye people and ye
good of my service to make any 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 OF 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 Confirming Rights & Propertys.
By the Governour
Whereas it hath pleased his Majesty and his Royall Highnesse
to send me with authority 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 future
"
108
LAWS OF THE COLONY OF NEW YORK.
safety and defence but alsoe given me his commands for secur-
ing the rights and propertys of the inhabitants and that I should
endeavour by all fitting means the good and welfare of this
Province and dependencys under his government, That I may
not be wanting in any thing that may conduce thereunto and
for the saving of the trouble and charge of any coming heither
for the satisfying themselves in such doubts as might arise con-
cerning their rights and propertys upon this change of govern-
ment and wholly to settle the minds of all in Generall I have
thought fitt to publish and declare. That all former grants
priviledges or concessions heretofore granted and all estates
legally possessed by any under his Royall Highnesse before the
late Dutch government, As also all legall, judiciall proceedings
during that government 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 declared
that the known Book of Laws formerly establisht and in force
under his royall highnesse government is now again confirmed
by his Royall Highnesse the which are to be observed and prac-
tised together with the manner and time of holding Courts
therein menconed as heretofore. And all Magistrates and Civill
Officers belonging thereunto to be chosen and establisht accord-
ingly.— Given under my hand in New York this ninth day of
November in the twenty sixth year of his Majesties reign annoq;
Domini 1674.
Secryes Office Province of New Yorke
E. Andros.
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 & comparat 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 receive 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 all convenient
speed after your arrivall there, in my name to issue out Writts
LAWS OF THE COLONY OF NEW YORK.
109
or warrants of Sumons to ye severall Sheriffes or other proper
Officers in every part of your said governement wherein you
shall expresse that I have thought fitt that there shall be a
Generall Assembly of all the Freeholders, by the persons who
they shall choose to represent them in order to consulting with
yourselfe and the said Councill what laws are fitt and neces-
sary to be made and established for the good weale and gov-
ernement of the said Colony and its Dependencyes, and of all
the inhabitants thereof, & you shall issue out the said Writt
or Sumons at least thirty dayes before the time appointed for
ye meeting of the said Assembly, which time and alsoe the
place of their meeting (which I intend shal be in New Yorke)
shall alsoe be menconed & expressed in the said Writt or
Sumons, and you with advice of my said Councill are to take
care to issue out soe many writts or sumons and to such
officers, in every part, not exceeding eighteene, soe that the
planters or Inhabitants of every part of ye said governement
may have convenient notice thereof and attend at such ellection,
if they shall thinke fitt. And when the said Assembly soe
elected shalbe mett at ye time and place directed, you shall
lett them know that for the future it is my resolucon that ye
said Generall Assembly shall have free liberty to consult and
debate among themselves all matters as shall be apprehended
proper to be established for laws for the good governement
of the said Colony of New Yorke and its Dependencyes, and
that if such laws shalbe propounded as shall appeare to mee
to be for the manifest good of the Country in generall and
not prejudiciall to me, I will assent unto and confirme them
In the passing and enacting of all such laws as shalbe agreed
unto by the said Assembly, which I will have called by the
name of the General Assembly of my Colony of New Yorke
and its Dependencyes wherein the same shalbe (as I doe hereby
ordaine they shalbe) presented to you for your assent thereunto.
You are to consider whether ye same be for the generall
good and not prejudiciall to me; and if you find them soe to
be, then you are to give your assent thereunto. But if you
shall judge them inconvenient or prejudiciall, you are to refuse
· your assent thereunto, and in all cases you are to have a nega-
tive voice to refuse all Laws that are presented to you; and
when you shall have given your consent to such laws as shalbe
soe agreed, you shall by the first opportunity transmitt the
same to me under ye hands of your selfe and Councill, and
the seale of the Colony, (which you are to use in passing
ts) to ye end that I may ratifye and confirme ye same,
1 approve or reject them if I doe not thinke them
110
LAWS OF THE COLONY OF NEW YORK.
reasonable. But the said laws soe assented unto by you, shalbe
good and binding untill such time as I shall cause my dislike
of & refusall to passe them to be signifyed unto you, and from
thenceforth ye same shall cease and be null and voyd to all
intents. And I doe alsoe give you power from time to time
to cause ye said General Assembly to be summoned which I
also authorize you to adjourne or dissolve as you shall see
reason and cause. And I doe further direct you not to passe
any law upon any occasion whatsoever for rayseing any pub-
lique revenue, unlesse expresse mencon be made therein that
the same is levyed and granted unto me, or unto me for ye
support of ye Governement or to such uses as the said law
shall appoint. And you are as much as in you lyeth to take
effectuall care that there may be a constant Establishment for
raiseing of money sufficient to support and maintaine ye charge
of the government of those parts both Civil & Military; and
alsoe that there may be money raised for paying and discharge-
ing the arreares now due to ye Officers & Soldiers and other
expenses of the government, And are not to suffer any publique
money whatsoever to be issued or disposed of otherwise then
by a warrant under your hand.
And it is my expresse will and pleasure that all laws what-
soever for the good governement and support of my said Colony
of New Yorke with its Dependencyes be made indefinite and
without limitacon of time, except the same be for a temporary
end, & which shall expire and have its full effect within a
certaine time. And you are not to passe any laws or doe any
act by Graunt, Settlement or otherwise whereby my revenue
may be remitted, lessened or impaired, without my especiall
leave or commands therein. You shall not displace any of
ye Judges Justices Sheriffes or other Officers or Ministers within
New Yorke or its Dependencyes 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 that 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 repugnant to but as nigh as may be
agreeable to the laws of the kingdome of England.
*
*
*
*
Given under my hand at St. James's the 27th day of
1682-3
LAWS OF THE COLONY OF NEW YORK.
111
FIRST GENERAL ASSEMBLY, HELD AT FORT JAMES IN
THE CITY OF NEW YORK.
First Session Beginning October 17, 1683.
[CHAPTER 1.]
[The title of this act is misleading. It is not a charter from the Duke
of York but is merely an act of the Colonial legislature. The original 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. That
the act was received by the Board of Trade, on February 17, 1684,
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,
March 3, 1684. For copy of veto, see Doc. Rel. to Col. Hist. of New
York, III, p. 357.]
THE CHARTER of Libertyes and priviledges granted
by his Royal Highnesse to the Inhabitants of New
Yorke and its Dependencyes.
[Passed, October 30, 1683.]
ffOR The better Establishing the Government of this province of
New Yorke and that Justice and Right may be Equally done to
all persons within the same
BEE It Enacted by the Governour Councell and Representatives
now in General Assembly mett and assembled and by the
authority of the same.
THAT The Supreme Legislative Authority under his Majesty and
Royall Highnesse James Duke of Yorke Albany &c Lord proprietor
of the said province shall forever be and reside 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 whose advice and Consent
or with at least four of them he is to rule and Governe 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 heires or Successours
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 the
112
LAWS OF THE COLONY OF NEW YORK.
first in nominacon in which Councell is to preside untill the
said Governour shall returne and arrive in the said province
againe, or the pleasure of his Royal Highnesse his heires or
Successours Shall be further knowne.
THAT According to the usage Custome and practice of the
Realme of England a sessions of a Generall Assembly be held in
this province once in three yeares at least.
THAT Every ffreeholder within this province and ffreeman in
any Corporacon Shall have his free Choise and Vote in the Elect-
ing of the Representatives without any manner of constraint or
Imposicon. nd that in all Eleccons the Majority of Voices
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 representatives in the
General Assembly from time to time for the severall Cittyes
townes Countyes Shires or Divisions of this province and all
places within the same shall be according to the proporcon and
number 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 within 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 All persons Chosen and Assembled in manner aforesaid
or the Major part of them shall be deemed and accounted the
Representatives of this province which said Representatives
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 Representatives may appoint their owne Times
of meeting dureing their sessions and may adjourne their house
from time to time to such time as to them shall seeme meet and
convenient.
THAT The said Representatives are the sole Judges of the Qualifi-
cacons of their owne members, and likewise of all 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 the said Assembly shall be arrested
sued imprisoned or any wayes 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 servants shall not Exceed three.
THAT All bills agreed upon by the said Representatives or the
Major part of them shall be presented unto the Governour and
his Councell for their Approbacon and Consent All and Every
which 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 Representatives in
General Assembly by and with the Approbacon of his Royal
Highnesse or Expire by their owne Limittacons.
THAT In all Cases of death or removal of any of the said
Representatives 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 ffreeholders of the Same to Elect
others in their place and stead.
THAT Noe 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 any other wayes 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 Noe aid, Tax, Tallage, Assessment, Custome, Loane, Benev
olence or Imposicon whatsoever shall be layed assessed imposed or
levyed on any of his Majestyes Subjects within this province or
their Estates upon any manner of Colour or pretence but by the
act and Consent of the Governour Councell and Representatives
of the people in Generall Assembly mett and Assembled.
THAT Noe 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 wayes distroyed without being
brought to Answere by due Course of Law.
THAT A ffreeman Shall not be amerced for a small fault, but after
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 Judicature.
ALL Tryalls shall be by the verdict of twelve men, and as neer
as may be peers or Equalls And of the neighbourhood and in the
County Shire or Division where the fact Shall arise or grow
15
114
LAWS OF THE COLONY OF NEW YORK.
Whether the Same be by Indictment Infermacon Declaracon or
otherwise against the person Offender or Defendant.
THAT In all Cases Capitall or Criminall there shall be a grand
Inquest who shall first present the offence and then twelve
men of the neighbourhood to try the Offender who after his plea
to the Indictment shall be allowed his reasonable Challenges.
THAT In all Cases whatsoever Bayle by sufficient Suretyes
Shall be allowed and taken unlesse for treason or felony plainly
and specially Expressed and menconed in the Warrant of Com-
mittment provided Alwayes that nothing herein contained shall
Extend to discharge out of prison upon bayle any person taken
in Execucon for debts or otherwise legally sentenced by the
Judgment of any of the Courts of Record within the province.
THAT Noe ffreeman shall be compelled to receive any Marriners
or Souldiers into his house and there suffer them to Sojourne,
against their willes provided Alwayes it be not in time of Actuall
Warr within this province.
THAT Noe Comissions for proceeding by Marshall Law against
any of his Majestyes Subjects within this province shall issue
forth to any person or persons whatsoever Least by Colour
of them any of his Majestyes Subjects bee destroyed or putt
to death Except all such officers persons and Soldiers in pay
throughout the Government.
THAT from hence forward Noe Lands Within this province
shall be Esteemed or accounted a Chattle or personall Estate
but an Estate of Inheritance according to the Custome and
practice of his Majesties Realme of England.
THAT Noe Court or Courts within this province have or at any
time hereafter Shall have 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 without 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-
trary hereof in any wise Notwithstanding.
THAT Noe Estate of a feme Covert shall be sold or conveyed
But by Deed acknowledged by her in Some Court of Record
the Woman being secretly Examined if She doth it freely
without threats or Compulsion of her husband.
THAT All Wills in writeing attested by two Credible Witnesses
shall be of the same force to convey Lands as other Conveyances
being registered in the Secretaryes Office within forty dayes
after the testators death.
THAT A Widdow after the death of her husband shall have
her Dower And shall and may tarry in the Cheife house of
LAWS OF THE COLONY OF NEW YORK.
115
her husband forty dayes after the death of her husband within
which forty dayes her Dower shall be assigned her And for
her Dower shall be assigned unto her the third part of all
the Lands of her husband dureing Coverture, Except shee were
Endowed of Lesse before Marriage.
THAT All Lands and Heritages within this province and De-
pendencyes shall be free from all fines and Lycences upon
Alienacons, and from all Herriotts Ward Shipps Liveryes primer
Seizins yeare day and Wast Escheats and forfeitures upon the
death of parents and Ancestors naturall unaturall casuall or
Judiciall, and that forever; Cases of High treason only Excepted.
THAT Noe person or persons which professe ffaith in God
by Jesus Christ Shall at any time be any wayes molested pun-
ished disquieted or called in Question for any Difference in
opinion or Matter of Religious Concernment, who doe not actu-
ally disturb the Civil peace of the province, But that all and
Every such person or persons may from time to time and at all
times freely have and fully enjoy his or their Judgments or Con-
sciencyes in matters of Religion throughout all the province,
they behaveing themselves peaceably and quietly and not useing
this Liberty to Lycentiousnesse nor to the civil Injury or out-
ward disturbance of others provided Alwayes that this liberty
or any thing contained therein to the Contrary 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 voices in any Towne thereon which shall
alwayes include the Minor part Or by Subscripcons of perticuler
Inhabitants in Said Townes provided they are the two thirds
thereon Butt that all 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 all time and times hereafter be firme and Stable
And in Confirmacon hereof It is Enacted by the Governour
Councell and Representatives; That all Such Sumes 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 deny or withdraw from Such payment Soe Covenanted to
agreed upon and Subscribed That in Such Case upon Complaint
of any Collector appointed and Chosen by two thirds of Such
116
LAWS OF THE COLONY OF NEW YORK.
Towne upon Long Island unto any Justice of that County Upon
his hearing the Same he is here by authorized impowered and
required to issue out his warrant unto the Constable or his
Deputy or any other person appointed for the Collection of Said
Rates or agreement to Levy upon the goods and Chattles of the
Said Delinquent or Defaulter all such Sumes of money Soe
covenanted and agreed to be paid by distresse with Costs and
Charges without any further Suite in Law Any Lawe Custome or
usage to the Contrary in any wise Notwithstanding.
PROVIDED Alwayes the said sume or sumes be under forty
shillings otherwise to be recovered as the Law directs.
AND WHEREAS All the Respective Christian Churches now in
practice within the City of New Yorke and the other places of
this province doe appeare to be priviledged Churches and have
beene Soe Established and Confirmed by the former authority of
this Government BEE it hereby Enacted by this Generall
Assembly and by the authority thereof That all the Said Respect-
ive Christian Churches be hereby Confirmed therein And that
they and Every of them Shall from henceforth forever be held
and reputed as priviledged Churches and Enjoy all their former
freedomes of their Religion in Divine Worshipp and Church Dis-
cipline And that all 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 all
Contracts for the future to be made Shall bee of the same power
And all persons that are unwilling to performe 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 allsoe that all Christian
Churches that Shall hereafter come and settle within this
province shall have the Same priviledges.
[CHAPTER 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 CONTINUED Bill for defraying the Requisite
Charges of the Government.
[Passed, October 30, 1683.]
THE Representatives for his Royall Highnesse province of New
Yorke convened in General Assembly Have for and in Con-
sideracon of the many Gracious and Royall favoures Expressed
LAWS OF THE COLONY OF NEW YORK.
117
and Extended unto the Inhabitants of this his province And also
for the bountifull Confirming and Restoreing to them and their
posterity the Rights priviledges Libertyes and Imunities before
recited and Expressed and for the better defraying of the neces-
sary Charge and Expence of this province which cannot other-
wise be Effected without great Charge unto his Royall High-
nesse doe by and with the advice and Consent of the Governour
and Councell now assembled and by the authority of the same to
the intent aforesaid give and grant unto his said Royall High-
nesse and his heires the dutyes and Customes hereafter 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 this province And for
Every pipe of Madera, flyall, St. George, Canary, Malaga, Sherry
and all Sweet wines the Sume of forty shillings Curránt money
aforesaid And for Every hogshead of Redd White and Renish
wines the sume of twenty shillings Currant money aforesaid And
upon all other merchandize imported into this province and
Dependencyes the Sume of forty Shilling Currant money afore-
said for Every hundred pounds valued at the prime Cost Except
these hereafter Specifyed (vizt) Salt brick pantiles Coales fish
Sugar molessus Cotten wooll Ginger Loggwood brasaletta ffust
wick West India hides Tobaccon Bullion and plate. And further
wee the Representatives with advice and Consent of the Gov-
ernour and Councell now Assembled and by the authority of the
same Doe give and grant unto his said Royall Highnesse and his
heires for the Causes aforesaid upon all merchandize Comonly
called by the name of Indian goods As Duffles, Strouds, blanketts
plaines halfethicks, woolling stockings, white Ozem briggs Kit-
tles Hatchetts Hoes, read lead, Vermillion, 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
any 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 Representatives by the advice assent and
authority aforesaid, doe give and grant unto his said Royall
Highnesse and his heires for the Causes and Consideracons afore-
said an Excise upon all 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, the sume of twelve pence Currant money aforesaid for Each
Gallon soe retailed; And alsoe that 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
Cannoe and any other wayes wine beer and Syder Excepted, and
there consumed or sold And alsoe an Excise of twelve pence
upon Every gallon of Liquors retailed throughout the whole
province and dependencyes (beer and Sider only Excepted)
AND further wee the Representatives by advice assent and
authority aforesaid doe give and grant unto his said Royall High-
nesse and his heires for the Causes and Consideracons aforesaid
a Custome and duty upon Every Beaver Skinn comonly called a
whole Beaver the Sume of nine pence Currant money, and that
all other furrs or peltry be valued accordingly That is to say
for two halfe Beavers nine pence, for four Lapps nine pence,
for three drillings one shilling and six pence, for tenne Raccoons
nine pence, for four foxes nine pence, for four fishers nine
pence, for five Catts nine pence, for six minks nine pence, for
three 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 of Mouse and Dear Skinns nine pence, and
all other peltry to be Valued Equivalent to a whole Beaver
nine pence, (Ox Bull and Cow hides Excepted) Exported out
of this province and dependencyes And alsoe that all Indian
Traders throughout the whole province and dependencyes Doe
pay for the value of Each hundred pounds prime Costs they
Soe traffique with the Indians the Sume of tenne pounds money
aforesaid And alsoe That all bear and Syder retailed through-
out the province and dependencyes shall pay six Shillings for
Each Barrell Soe retailed And further It is to be understood
that all bear and Syder that is sold to the Indians is to pay
six Shillings Barrell as if retailed throughout the province
and dependencyes And all small beer to be retailed by speciall
Lycence, and Security they 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 the authority aforesaid That all shipps
and vessells whatever That shall come to any port beeche or
Harbour within this province and Dependencyes to trade or
traffique the Master, mate, or purser shall come to such place
or places as shall be appointed by the Governour or his
LAWS OF THE COLONY OF NEW YORK.
119
Royall Highnesse Collector for the time being and there make
report of all Such parcell or parcells of merchandize and others
that he hath aboard said shipps or vessells and also Declare
upon his Corporall Oath that he hath not broake Bulke Since
his arrivall within this province before he made such Report
as is required And alsoe all merchants that have any goods
or Merchandizes whatever shall at such place or places as is
above directed make a true and distinct Entry of all such
parcell or parcells of goods or merchandize he hath aboard
such shipp or Vessells according as they Cost him at the prime
Cost And if any difference should arise about the value of said
goods, Then the Collector or any appointed for the Collecon
of Said dutyes Customes or Excise may administer to all or
any such persons or persons making such Entry their Corporall
Oath, that said Entry is according to the Invoyce or Invoyces
sent to them from the place or places from whence such goods
did come. And further It is Enacted by the authority aforesaid
That if any Master Mate or purser of any shipp or Vessell
whatever or any Merchant ffactor or other shall contrary to
those rules above prescribed breake bulke or Land any goods
and Merchandize whatsoever before they make report or Entry
and pay such dutyes as is required by this Act: Then and
in such Case the Master of such shipp or vessell That shall
break bulke before makeing such report as above shall upon
proofe of two Evidences forfeit his said Shipp or vessell with
all her tackle furniture and Amunicon, One third to his Royall
Highnesse, one third to the Governour of the province and
one third to the Informer, to be sued for in any Court of Record
within this province by Bill plaint or Informacon wherein noe
Essoin proteccon or wager of Law shall bee allowed And alsoe
all such goods as shall be Landed without Entry made as afore
directed Shall be forfeited upon the Testimony of two witnesses
One third to his Royall Highnesse one third to the Governour
and one third to the Informer that shall sue as above.
AND Bee it further Enacted by the authority aforesaid, that all
Masters of Shipps or vessells, that are within this province and
doe not belong unto this province or any part thereof and bound
to any port within or without this province shall before they take
in any merchandize above Expressed come to such place or places
as shall be appointed for the Collecting of the Rates Established
by this Law And there make Entry and Report of their designe
and Enter into bond to the value of one thousand pounds with
sufficient suretyes that they shall not take on board directly or
indirectly any goods or merchandize above recited or Expressed
without such permitt or Certificate from the Collector or any
1
120
LAWS OF THE COLONY OF NEW YORK.
haveing authority under him 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 otherwise to be void and of noe
force and virtue And alsoe for the due and Orderly Collecon of
the Excise above Expressed It is hereby Ordered and Enacted by
the Authority aforesaid That all retailers of wine Rum- brandy
and strong Liquors within this province Shall upon their pur-
chase or receipt of all such Liquor or Liquors before Expressed
and Exciseable come to the office of Excise and there make Entry
of all Such Liquor or Liquors as they shall buy and receive and
pay such dutyes as are hereby authorized And upon default
hereof all Such Liquors as shall be found in any retaliers house
within this province or Dependencyes as have 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 all
Such Liquors And alsoe the person soe offending shall forfeit
three times the value of the said Liquors, one third to his Royall
Highnesse, one third to the Governour and one third to the
Informer And also all persons That Shall carry any Liquors up
Hudsons River shall soe soone as they sell such Liquors give
notice to the Excise office of all such parcell or parcells soe sold
and pay Such dutyes as are hereby Established under the penalty
aforesaid provided Alwayes 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
imediately transported again without being Sold in this
province and Dependencyes provided alsoe That all 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 Alwayes that all merchants qualifyed to trade by
the Acts of Navigacon 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 such
LAWS 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 penaltyes
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. Rel. to Col. Hist. of N. Y., III, p. 354.]
AN ACT for the Allowans to Representatives.
[Passed, October 31, 1683.]
WHEREAS the severall Representtatives of the Assembly can-
nott Officiate thatt honorable and great Trust reposed in them,
without being att much Charge. Bee itt therefore Enacted
Thatt the wages of every Representative of the people, shall bee
ten shillings in Currant money per day, from the time of their
Coming out, till their returning home; Provided itt bee within
Eight 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 Repre-
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. Rel. to Col. Hist., of
N. Y., III, p. 354.]
AN ACT to divide 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 Representatives, 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 all the Island com-
monly called Manhatans Island, Mannings Island, and the two
16
"
122
LAWS OF THE COLONY OF NEW YORK
Barne Islands, the Citty to bee called as itt is, New York, and
the Islands above specifyed the County thereof.
The County of Westchester to contayn West and Eastchester
Brox Land Fordham Annehooks Neck Richbells, Minfords Island,
and all 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 & the new Pallz & all 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 all 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 all 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
Vinyard, Elizabeth Island and no mans Land.
The County of Cornwall to conteine Pemaquid, & all his
Royall Highnesses Territoryes in those parts with the Islands
adjacent.
And for as much as there is a Necessity of a High Sheriff
on every County in this Province, Bee itt therefore enacted
LAWS OF THE COLONY OF NEW YORK.
123
by the Governor Councell & Representatives in Generall Assem-
bly mett, and by the authority of the same, Thatt there shall
bee yearly & every yeare an High Sheriff constituted & Com-
missionated for each County, and thatt each Sheriff may have
his Under Sheriff, Deputy or Deputys.
[CHAPTER 5.]
[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. The date of its passage as November 1st, is
given by E. B. O'Callaghan, in Hist. Int. to the Journals of the Legis-
lative 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. Rel. to Col. Hist. of N. Y., III, p. 354.]
AN ACT for naturalizing all those of forreigne
Nations at present inhabiting within this province
and professing Christianity, and for Encourage-
ment of others to come and Settle within the Same.
[Passed, November 1, 1683.]
ffOR AS MUCH as Severall persons of diverse forreigne Nations
professing Christianity, now are and for diverse yeares past have
beene actuall and settled dwellers and inhabitants within this
province under the allegiance of his Majestye of Great Brittaine
our dread Sovereigne, and the obedience of his Royall Highnesse,
and soe desire to continue and remaine and be naturalized and
become as his Majesties naturall borne Subjects BEE It Enacted
by the Governour Councell and representatives now assembled
and by the authority thereof That All and every such person or
persons of what forreigne Nation soever they bee professing
Christianity, and that now are actuall inhabitants within this
province and have taken or Subscribed or that shall take or
subscribe to the oath of allegiance are and Shall be hereby
naturalized, and in all respects be accounted and Esteemed as
his Majesties naturall borne subjects and shall have and Enjoy
all Such privileges freedomes and imunityes, within this
province as other his Majesties subjects doe have 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 only
to have relacon to such persons as are ffree at the Makeing
hereof.
AND BEE It further declared and Enacted by the Authority
aforesaid that all and Every person and persons forreigners of
what nation soever professing Christianity that at any time here-
after shall come and arrive within the said province with an
124
LAWS OF THE COLONY OF NEW YORK.
intent to become his Majestyes subjects and to dwell Settle and
inhabitt within the same and shall there dwell settle and inhabite
accordingly and take the Oath of allegiance to his said Majestye
and fidelity to his Royall Highnesse the Lord proprietor of this
province Every Such person or persons may be naturalized by
act of Assembly and from thenceforth shall in all respects be
accounted deemed and Esteemed as his Majesties Naturall borne
Subjects, and shall have and Enjoy all such priviledges free-
domes and immunityes within this province as other his
Majestyes Subjects have and Enjoy.
[CHAPTER 6.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof, in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
An act for Repealing the former Lawes ab't Country Rates
and allowance to the Justices of the Peace.
[Passed, November 1, 1683.]
WHEREAS by the Lawes of this Province itt is ordered that
an annuall Rate or Tax commonly called the Country Rate should
bee paid by the Inhabitants on Long Island of one penny in the
pound according to the Valuacon of their Estates, to be levyed
by the High Sheriff and Constables of each respective Riding,
and paid towards the defraying the publique charge. And
whereas by the said Lawes it is ordered and provided thatt every
Justice of the peace shall have an allowance of twenty pounds.
Pannum to bee paid out of the publique Rates towards the
defraying their necessary charges over and above what may
arise out of the fines and amerciaments not otherways disposed
of.
And forasmuch as provision is otherwise made for the defray-
ing the said publique charges, Wee the Representatives do pray
that itt may be enacted, and .Bee it enacted by the Governor
Councell and Representatives in Generall Assembly met, and by
the Authority of the same, That all and every clause and clauses
conteyned in the aforesaid Law entitled CHARGES PUBLIQUE,
relating to the said Country Rate and the said clause conteyned
in the said Law Entituled JUSTICES OF THE PEACE, relateing
to their allowance as aforesaid, be and are for ever hereby abso-
lutely repealed made null and void to all intents constructions
and purposes whatsoever, any thing in the said Laws to the con-
trary hereof in any wise nottwithstanding.
LAWS OF THE COLONY OF NEW YORK.
125
[CHAPTER 7.
[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. The date of its passage, as November first, is
given by E. B. O'Callaghan, in Hist. Int. Note to Journals of the Legis-
lative 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. Rel. to Col. Hist., of N. Y., III, p. 354.]
AN ACT to settle Courts of Justice.
[Passed, November 1, 1683.]
ffOR the more orderly hearing and determining of matters
and Cases of Controversy betweene party and party and for
the due Execucon of the Lawes Bee It Enacted by the Governor
Councell and Representatives in General Assembly and by the
Authority of the same That in Every Towne in and throughout
this province there be one Court held monthly 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 forty Shillings or under Which
Cause and Cases Shall be heard tryed and determined by three
persons to be Comissienated for that purpose without a Jury.
The processe of warning to this Court shall be a Sumons under
the hand of and of the Comiconers by a Messenger belonging
to the said Court which being personally served by him or left
at the Defendants house four dayes before the Court, shall bee
sufficient authority to and for the members of the said Court
to proceed on such cause or Causes and determine the same in
the Defendants absence if the member of the Court see not cause
to the Contrary and to grant Execucon thereon against the
Defendants person, and for want thereof his Estate, which the
messenger shall and may serve, Alwayes provided, and bee it
further Enacted by the authority aforesaid, That if the plaintiff
or Defendant shall desire a Jury, It shall be allowed, but at
the propper Costs and Charges of the person desireing the Same.
AND that Justice may neither be denyed nor deferred, Bee It
further Enacted by the authority aforesaid, That from hence-
forth there shall be held and kept within Every County of the
said province Courts of sessions yearly and Every yeare for
the hearing tryeing and determining of all Causes and Cases
there 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 twelve men
126
LAWS OF THE COLONY OF NEW YORK.
C
of the neighbourhood within the County where the fact shall
arise or grow whether the same be by Indictment Informacon
declaracon or otherwise against the person Offender or defend-
ant and that the Judges or Justices of the respective sessions
Shall be the Justices of peace of Every the said respective
Countys or three of them at the least, To which 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 proceedings there 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, all
processe and Sumons of persons to appeare, and to Execute
the Judgments and Execucons of this Court shall be directed
to the Sheriffe of the County, and Executed by him, his under
Sheriffe or Deputy or Deputyes And all processes and writts
for accons, betwixt party and party in the said Court, shall
issue out of the Office of the Clerke of the peace or Court of
sessions, in Each County respectively, signed Curiam.
PROVIDED Alwayes and be it further 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 hereafter 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 the County of West Chester the first
tuesday in June, and the first tuesday in December yearly and
Every yeare, the one to be held at West Chester and the other
at East Chester, ffor the County of Ulster, the first tuesday in
March, and the first tuesday in September at Kingston. ffor
the County of Orange the second tuesday in March, and the
second tuesday in September. ffor Dutchesse County the third
tuesday in March, and the third tuesday in September. ffor
the County of Albany, the first tuesday in March, the first
tuesday in June, and the first tuesday in September, at the
Towne Hall of Albany. ffor the County of Richmond the first
tuesday in March, and the first tuesday in September. ffor
the Kings County the first tuesday in Aprill, and the first tues-
day in October at Gravesend. ffor the Queens County the
second tuesday in March and the second tuesday in October at
Jameca. ffor the County of Suffolke the third tuesday in March,
and the third tuesday in October to be held at Southampton
and Southold respectively. ffor the Dukes County to be referred
LAWS OF THE COLONY OF NEW YORK.
127
to the Governour and Councell. And the County of Cornwall
likewise to be referred to the Governour and Councell.
AND That there be noe defect of Justice, But that all and
Every the Inhabitants of the province may have and Enjoy
all propper wayes and means to recover and have their just
Rights within the same according to Law BEE It further Enacted
by the authority aforesaid that annually and Every yeare there
shall be within the said province, and in Each respective County
within the same, a Court of Oyer and Terminer and Generall
Goale Delivery, which said Court shall have power and Juris-
dicon to heare try and determine all matters Causes and Cases
Capitall Criminall or Civill, and Causes tryable at Comon Law,
in and to which said Court, all and Every person and persons
whatsoever, shall or may, if they 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 Error or Certiorari remove out of any inferior Court any
Judgment Informacon or Indictment there had or depending
and may Correct Errors in Judgment or reverse the same if
there be just Cause for itt. The members of which Court shall
be a Judge assisted with four of the Justices of the peace of the
County, who 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
New Yorke, on the first wednesday in April and the first
wednesday in October at the Citty Hall of the said Citty. In
the County of West Chester, the first Wednesday in December.
ffor the County of Ulster the first wednesday in June, ffor the
County of Orange the second Wednesday in June. ffor the
- Dutchesse's County the third tuesday in June. ffor the County
of Albany, the second wednesday in May. ffor the County of
Richmond the third Wednesday in October. ffor the Kings
County the last wednesday in October. ffor the Queens County
the first wednesday in November. ffor the County of Suffolke,
The second wednesday in November, one yeare to be held at
Southampton, and the next successively at Southold for 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 property shall be by this
Court Determined, Excepting where matters of ffact are either
acknowledged by the partyes, or Judgment be acknowledged,
or passes by the Defendants 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
neighbourhood, as it ought of Right to be done by the Law.
BEE It further Enacted by the authority aforesaid, That there
shall bee a Court of Chancery within this province which said
Court shall have power to heare and determine all matters of
Equity and shall bee Esteemed and accounted the Supreme
Court of this province And be it further Enacted That the
Governour and Councell bee the said Court of Chancery, and
hold and keep the said Court; And that the Governour may
Depute or nominate in his stead a Chancellour, and be assisted
with such other persons, as shall by him bee thought fitt and
Convenient. Together with all necessary Clerkes and other
officers as to the said Court are needful.
PROVIDED Alwayes, And Bee it further Enacted by the author.
ity aforesaid, that any inhabitant, planter or ffreeholder, within
this province may have Liberty if hee or they see meet to make
his or their appeale or appeales, from any Judgment or Decree
obtained against him or them in the High Court of Chancery
or any of the Courts of Oyer and Terminer and Generall Goale
Delivery, to our Sovereigne Lord the King, as in the Letters
pattents to his Royall Highnesse, is inserted.
PROVIDED Alwayes and Bee It Enacted by the authority afore-
said that the party or partyes soe appealing, shall first pay
all Cost of such Decree or Judgment from which the appeale
ariseth, and also all 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 sufficient suretyes by Recog-
nizance double the value of 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 thereof within twelve months
after the said Appeale or Appeales are made, and to pay all
Costs damages and Charges if Cast upon the said Appeale or
Appeales, Alwayes provided that if the Appellant shall not
prosecute 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 all Costs
of Suite, occasioned by such appeale.
PROVIDED Alwayes And bee it further Enacted by the Author-
ity aforesaid, That 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 COLONY OF NEW YORK
129
[CHAPTER 8.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
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 Perjury.
[Passed, November 1, 1683.]
ffor the better prevent the crying sin of Perjury and that
all due punishment may bee inflicted on such persons as willfully
committ the same; Bee itt enacted by the Governor Councell
& Representatives and by the Authority of the same, Thatt all
and every such person and persons which att any time after
the first day of November coming shall unlawfully & corruptly
procure any Witnesse or Witnesses, by Letters, Rewards, Prom-
ises, or by any other Sinister and unlawfull labour and means
whattsoever, to committ any Wilfull and Corrupt Perjury in
any matter or cause whatsoever now depending, or which here-
after shall depend 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,
chattles, debts or damages, in any of the Courts within this
Province; That then every such Offender or Offenders shall
for his or their said Offence being thereof Lawfully convicted
or attainted, lose and forfiett the sume of fforty pounds Sterling.
And if itt happen that any Offender or offenders soe being con-
victed or attainted as aforesaid nott to have any goods, or
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 half yeare, without Baile or Mainprise,
and to stand upon the Pillory the space of one whole hour
in some towne next adjacent where the 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 thence forth received as a witnesse to
bee deposed and sworn in any Court of Record within 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 all & every such person and persons
as did procure the said Judgment so reversed, to bee first given
against them or any of them by action or actions to bee sued
17.
130
LAWS OF THE COLONY OF NEW YORK.
upon his or their case or cases, according to the Common court
of the laws of this Province.
And bee itt further enacted by the authority aforesaid thatt
if any person or persons after the said first day of November
next coming, either by the Subernacon, unlawful procurement,
sinister perswasion, or means of any other, or by their own
act consent or agreement willfully and corruptly commit
any manner of willfull perjury by his or their Deposition in any
of the Courts before menconed That then every person or per-
sons so offending, and being thereof duly convicted or attainted
by the laws of this Province, shall for his or their said offence,
lose and forfeit forty pounds, and to have imprisonment by the
space of one whole yeare without baile or mainprise, & the oath
of such Person or persons so offending from thence forth nott
to bee received in any Court of Records within this Province
untill such time as the Judgment given against the said person
or persons shall bee reversed by attaint or otherwise, & thatt
upon every such reversall the partys grieved to recover his or
their damages against all & every such person & persons as
did procure the said Judgment so reversed, to bee given against
him or any of them by action or actions to bee sued upon his
or their case or cases according to the Common Course of the
Law.
And if itt happen that the said offender or offenders so
offending nott to have goods or chattells to the value of forty
pounds, thatt then hee or they to bee sett on the Pillory (in
some publique place within the Shire Citty or Borrough where
the said offence shall be committed) by the Sheriff or his Min-
isters and there to bee branded with the letter P in ye fore-
heade, and from thence forth to bee discreditted and disabled
for ever, to be sworne in any of the Courts of record within
this Province untill such time as the Judgment shall bee
reversed and thereupon to recover his damages in manner &
form before menconed.
**
The one Moyety of all which summs of money, goods & chattles
to be forfeited in manner and forme aforesaid to bee to his
Royall Highnesse his Heyres and Successors, & the other moyty
to such person or persons as shall be grieved hindred or molested
by reason of any the offence or offences before menconed, that
will sue for the same by action of Debts, Bill, plaint, Informacon
or otherwise in any of the Courts of record within this Province,
in which no wager of law, Essoine, protection or injunction
to bee allowed.
Provided alwayes & be itt further Enacted by the authority
aforesaid thatt in all Cases of life and Member, the person
LAWS OF THE COLONY OF NEW YORK.
131
or persons so offending as is before expressed shall suffer and
undergoe such punishment or punishments as the person or
persons against whome hee or they bore such false witnesse
did or should have undergone.
Provided always & bee itt further enacted by the authority
aforesaid thatt if any person or persons shall out of a Tender
Conscience refuse to give his Evidence on oath in any matter
or thing depending in any of the Courts of this Province thatt
in all such Cases, the party or partys refusing the same shall
give in or deliver their Evidence or Testimony in manner and
forme following That is to say I A. B. do solemnly promise
as in the presence of God to speak the truth, the whole truth,
and nothing butt the truth, to the matter or thing in Question:
And in case any person or persons soe called to evidence, and
declaring as aforesaid shall Afterwards bee convicted of will-
full falsehood, such person or persons shall suffer and undergo
the same punishment as in cases of willfull perjury is appointed
& provided.
Provided alwayes & bee it further enacted by the authority
aforesaid, thatt all persons called to testify their knowledge
in any matter or thing in any Court shall deliver their evidence
viva voce, and that deposition in writing shall bee taken for
evidence in any Court unlesse the party or partys so deposing
shall happen to bee beyond the Seas, Out of the Government,
or thatt through other inevitable accidents there is an impossi-
bility of their being present.
[CHAPTER 9.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof, in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
'An Act for the Defraying of the publique & necessary Charge
of each respective Citty, towne and County throughout this
Province & for maintaining the poore, & preventing vagabonds.
[Passed, November 1, 1683.]
Bee itt enacted by the Governor Councell & Representatives
in Generall Assembly & by the Authority thereof Thatt anually
or once every yeare there shall bee elected a certaine number
ont of each respective Citty Towne and County throughout this
Province to be elected & chosen by the Major part of all the
ffreeholders and Freemen, which certaine Number so duely
elected shall have full power & authority to make an Assess-
ment or certaine Rate within their respective Cittys, Townes
132
LAWS OF THE COLONY OF NEW YORK.
and Countyes anually & once every yeare which assessment
& certaine Rate so established as aforesaid shall be paid into
a certaine Treasurer who shall bee chosen by the major part
of all the ffreeholders & ffreemen of Each respective Citty, town
and County; Which Treasurer so duely chosen shall make such
payment for the Defraying of all the publique and necessary
charges of each respective place above menconed as shall bee
appointed by the Commissioners or their President thatt shall
bee appointed in each respective Citty, Towne and County
within this Province ffor the Superviseing the publique affairs
& charge of each respective City Towne & County aforesaid.
And Bee itt further provided by the Authority aforesaid thatt
the Treasurer for each respective City, Towne and County shall
keep a distinct book of accounts contayning a perticular account
of all the moneys rates and assessments aforesaid; & also of
all disbursements & payments of money by Warrant aforesaid,
& once in every year hee shall bring his accounts to such
persons as shall be appointed for the Auditt of the same, under
the penalty of one hundred pounds except prevented by Death
or Sicknesse. And farther Whereas itt is the Custome &
practice of his Majestys Realm of England, and all the adjacent
Colonys in America that every respective County Citty towne
parrish & precinct doth take care & provide for the poor who
do inhabit in their respective precincts aforesaid.
Therefor itt is Enacted by the authority aforesaid thatt for
the time to come the respective Commissioners of every County,
Citty, Towne, parish Precinct, aforesaid shall make provission
for the maintenance support of their poor respectively.
And for the prevention and discourageing of Vagabonds and
Idle persons to come into this province from other parts, and
also from one part of the Province to another; Bee itt enacted
by the authority aforesaid. Thatt all persons thatt shall come
to Inhabit within this province or any part or place thereof,
and hath nott a Visible Estate, or hath nott a manuall craft
or occupacon shall befor hee bee admitted an Inhabitant give
sufficient Security thatt hee shall nott bee a burthen or charge to
the respective places hee shall come to inhabitt in which Security
shall Continue for two yeares, provided allways thatt all those
thatt have manuall Crafts or occupacon may att all times come
and Inhabitt in any part within this Province & bee always
admitted, Provided hee maketh applicacon eight days after his
arrivall into any Citty Towne or County aforesaid unto such
person or persons as are appointed for the Governing the
respective parts afores'd.
LAWS OF THE COLONY OF NEW YORK.
133
And also all vessels thatt shall bring any passengers into
this province, the Master of any such vessells shall within four
and twenty hours after arrivall bring a list of all such passen-
gers hee brings into this Province with their Qualityes & Con-
dicons unto the Chiefe Magistrate of each respective Citty,
County, Towne, aforesaid, under the penalty of tenne pounds
current money of this Province. Always provided thatt if any
vessell bring in any person not qualified as aforesaid, nor able
to give security for their well demeanor; Thatt and in such
case the Master of said vessell or vessells shall bee obliged to
transport all such persons to the place from whence they came
or att least out of this province and dependences; And also if
any Vagabonds, beggars or others, remove from one county to
anothere and cannot give security as aforesaid itt shall be
lawful for the constable to returne such persons to the county
from whence they came.
[CHAPTER 10.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof, in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
An act for rewarding of those who destroy Wolves.
[Passed, November 1, 1683.]
Be it enacted by the Govern'r Councill & Repr'sentatives in
Gen'll Assembly met and Assembled and by the authority of
the same
Thatt whattsoever Christian shall kill a grown wolf upon
Long Island; hee shall bee paid twenty shillings P. head, in
the County where itt shall so happen (the same being proved as
in ye Law is sett forth) & for a whelpe about a halfe a Yeare
old, he shall bee paid halfe so much.
Thatt whattsoever Indyans shall in like manner Kill any
wolfe or wolves, they shall bee paid a Match Coate for each,
or the Value which is computed to bee twelve shillings &
for a Whelpe half so much, to bee paid as before, of which
the Officers for publique affairs in each towne of the Countyes
are to take care thatt the same bee duly satisfyed.
And for killing the Wolves in other parts of the Government
Thatt itt bee left to the Magistrates or Officers in the severall
Countyes to give whatt reward they shall think fitt, for Killing
Wolves within their precincts. Only thatt the same reward
be given for Killing of Wolves for Staten Island as for Long
Island.
134
LAWS OF THE COLONY OF NEW YORK,
[CHAPTER 11.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof, in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
An act to prevent damages done Swine.
[Passed, November 1, 1683.]
Whereas we have found by dayly Experience Thatt Swine
are Creatures that occasion trouble and difference among Neigh-
bours and rather prejudiciall than beneficial to the Province
while they have liberty to run att randome in the woods or
Townes, they being so obstructive to the raising of Corne in
the Province and spoiling the meadows in the respective towns;
Bee itt therefore Enacted by the Govern'r Councell & Repre-
sentatives in Generall Assembly and by the Authority of the
same thatt no Inhabitant or Freeholder within this Province
and throughout the same Except in ye Colonie off Rense-
leurs Wicke shall or may Keep any Swine small or great
butt whatt hee or they shall keep within their own Land
and fence or att least secured by the Owners thereof
from tresspessing on their Neighbours and if any shall be
found att liberty, in the streets meadows, or upon any other
mans fenced or Inclosed lands after the first day of March
next ensuing the date hereof, itt shall be lawful for any one
so finding them, or meeting with them, to kill them or take
them up; One third part of such swine, shall go to the Use
of the person who shall Kill or take up the same, & the other
two thirds to the Constable of the towne or place thatt shall
take the same into his Custody, being only accountable to
answer one penny pr. pound, or one half of the said two thirds,
to bee disposed for the publique use of the Towne.
[CHAPTER 12.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17,. 1684,
appears from the transcript of the Journal thereof, 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, November 2, 1683.]
Bee itt enacted by the Governor Councill and Representa-
tives in Generall Assembly now mett & assembled and by the
LAWS OF THE COLONY OF NEW YORK.
135
authority of the same, Thatt itt shall bee at the choice and
liberty of every Plaintiff to take out Execucon on any Judg-
ment recovered in any Court of Record within this Province
either to bee levyed by Extent on the Defendants lands or
aginst the defts goods and chattels & for want thereof his
person. And that when and so often as the Sheriff of any
County shall have any writt of Ececucon delivered to him out
of any Court of Record within this Province to levy upon the
goods and chattles of any Defendant, or for want thereof
his person, The Sheriff shall with all convenient speed duely
execute the same according to the tenure of the said Execution
and make returne thereof accordingly where returnable, & in
case the said Sheriff shall by vertue thereof levy sufficient
goods and chattles to satisfy the same; then in case the defend't
do nott within ffifteen days otherwise give satisfaccon; The
said Sheriff is to expose the said goods and Chattles so levyed
to sale att a publique outcry in the towne where the same shall
bee levyed, & sell & dispose thereof to the highest bidder to
raise the sum of money or other specie and Costs in the said
Execucon mentioned & conteyned, with the incidental charges,
and make sattisfaccon to the party accordingly. And in Case
the said Goods, and Chattels exceed the debt or damage and
Costs, then the Overplus to be returned to the Def't. Butt
where no goods or chattells can be found & the Execucon be
levyed on the Defend'ts person the Sheriff is to keep him in
safe custody untill satisfaction bee given for the Debte or
damages with the Costs and charges aforesaid. And Bee itt
further enacted by the Authority aforesaid, That where any
Writt of Execucon shall be directed to the Sheriff of any County
ont of any Court of Record within this Province to levy any
sume or sumes of money or any thing, goods, or Comoditys
whattsoever, Costs and Charges as aforesaid by extending the
Defend'ts Lands, the said Sheriff shall with all convenient speed
duly execute the same By putting the plaintiff, his Attorney or
Agent into the quiett possession of the Defend'ts Lands there
to remaine untill by the Rents, Issues, & proffitts thereof hee
shall bee sattisfyed the Debts or Damages with the Costs and
Charges Aforesaid.
4
And the said Sheriff shall likewise make returne of the
said Writts, and of his proceedings therein, menconing the
land hee hath put the plaintiff in possession of according to
the tenure and true intent of the said Writt of Execucon where
the same shall be returnable. And bee itt further Enacted
by the Authority aforesaid, Thatt all Writts of what nature
136
LAWS OF THE COLONY OF NEW YORK.
soever thatt shall issue forth of any Court of Record within
this Province shall bee returnable into the said Court they
proceeded from att their next sitting after the Date of the
said Writt; Provided there bee fifteen days between the Test
and the returne thereof, otherwayes to bee returnable the next
sitting of the said Court after the said fifteen days expired.
Provided always thatt nothing in this act contayned shall
bee construed to the Infringement, Prejudice, Hindrance or
Alteracon of any Liberty, privilege, Custome, practice or Usage
granted or used & practiced in the Citty & Corporation of New
Yorke.
And be it further enacted by the Authority aforesaid, thatt
all fees thatt now are and have been appointed, authorized,
usually taken and received by the Sheriffs Clarks of Courts &
other officers, and Jurymen, & for publique charge on accons
within this Province, shall bee and remaine the same as for-
merly, they were & now are, to be received payed and accounted
for as formerly, Until any alteracon shall be made therein, or
order to the Contrary by act of Generall Assembly.
[CHAPTER 13.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof,. in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
An act of Settlement.
[Passed, November 2, 1683.]
ffOR AS MUCH as through the many alteratons which within
this Province have happened by the Fortune of the warrs, and
other inevitable accidents severall of the Inhabitants & ffree-
holders of the said Province have been deprived of their deeds,
grants, Patents or other instruments of writting by which they
might make appeare their severall & respective Rights to their
Lands tenements & possessions. And for as much as severall
Tracts of Lands have been formerly taken up and pattented,
and through hope of Lucre or gaine never settled or improved
according to the manner and Customes of other Plantacons to
the great obstruction of the goods, & settlement of the said
Province. Bee itt enacted by the Governor Councell & Repre-
sentatives now in Generall Assembly met, and by the authority
of the same; Thatt whattsoever person or persons who by him-
self or Agent have in his own right actually been in the pos-
session and enjoyment of any Tracts of Land, house or Planta-
LAWS OF THE COLONY OF NEW YORK.
137
con by Vertue of any power or authority derived from his Royall
Highnesse James Duke of Yorke & Albany &c, and occupyed,
manured, and improved the same for & during the space of
foure yeares preceeding the Date hereof; and shall continue
so to occupy possesse manure and improve the said Tracts of
Land house or houses Plantacon or plantacons untill the terme
& time of fifteen months be fully compleated and ended to be
accounted from the first day of this present Session of Assembly,
without any Legall claime demand or recovery from any other
person or persons, legally claiming, pretending to, or demanding
the same shall bee accounted and esteemed the right and law-
full Owner of the said Land, house or houses, plantacon or
Plantacons, and that the said Tract or Tracts of Land, house
or houses, plantation or plantations are hereby ratifyed and
confirmed to the party or partyes so occupying, possessing,
and enjoying the same as aforesaid, and to his or their respect-
ive heyres & assignes for ever, saveing to his Royall Highness
his Right and Interest.
Provided alwayes thatt nothing contayned within this act
shall bee intended or construed to the prejudice or hindrance
of the title or claime of any persons under age frome Covert,
non Compos mentis, imprisoned or beyound the Seas, as is pro-
vided in an act, intitled, An Act for quietting mens Estates
and limitacon of certaine actions made this present Sessions
of Assembly Any thing conteyned in this act to the contrary
hereof in any wise nott withstanding. Be it further enacted
yt evrey representative have a Coppy hereof and publish ye
same three severall dayes in ye towne house of each respective
Towne in this province, w'thin foure months affter ye third day
of November one thousand six hundred eighty and three.
[CHAPTER 14.] .
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof, in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
A BILL ffor a ffree and Voluntary P'sent To The Govern'r.
[Passed, November 2, 1683.]
Wee the Rep'sentatives in General Assembly out of ye
Dutifull respect we bear to his Royall Highness and in acknowl-
edgement of ye many great favours conferred on us by his
hon'ble Govern'r Coll Thomas Dongan as we conseive ourselves
in Duty bound Cannot but according to our ability's make some
18
138
LAWS OF THE COLONY OF NEW YORK.
more suitable returne than barely owing ye great advantages
we have re'd thereby, Wherefore as a signall testimony of our
satisfacon therein we Do hereby ffreely and Voluntarily Give
and p'sent Unto o'r s'd Govern'r and Doe Desire that he would
as ffreely accept and receive from us one penny for every pounds
vallue of all ye Reall Pe'rsonall & visible Estate of all and
Every ye ffree hold'rs & inhabitants in this his R'll H'sses
Province to be Received Collected and leveyed in manner &
forme following. Therefore wee humbly pray that it may be
Enacted and be it Enacted by ye Govern'r Councill and Repre-
sentatives of ye s'd Province that all & Every ye p'sons herein
after named are hereby appointed Comissioners for putting
in Execucion this p'sent act and ye powers therein contained
within all and Every ye severall and Respective County's herein
after Men'coned ffor ye Citty & County of New Yorke M'r
William Beekman Mayor Mr John Lawrence M'r Cornelius
stenwyck and M'r John Juyans.
ffor ye County of Ulster. Capt. Thomas Cambors M'r John
Joost Mr. William Asfordby M'r Wesselten Broeck.
ffor ye County of Albany M'r John Jansen Blycker M'r Jacob
Sandors M'r Martin Goritz M'r John Van Epps.
ffor the Dutches County.
ffor ye County of Orange.
ffor ye County of Westchester M'r John Pell M'r Walter Webley
Mr. William Richardson M'r John Archer.
ffor ye County of Richmond Capt. John Palmer Mr. Phillip
Wells Capt. Cornelius Corsen Capt. Richard Stillwell.
ffor ye County of Suffolk Capt. Josiah Hobart M'r Joseph fford-
ham M'r Thomas Mapes Jun'r M'r Epinctis Platt.
ffor Kings County M'r Raloffe Marten M'r Samuel Spicer Mr
Cornelius Jansen Berry M'r William Moris of ye Newlottee.
ffor Queens County Capt. Thomas Townsend M'r John Jackson
M'r Mathiass Harvey M'r Edward Stevens.
ffor Dukes County.
ffor The County of Cornwall.
Which said Commissioners in ord'r to ye speedy Execution
of this act shall in their Respective Countyes meet together
within some convenient place within Each of ye s'd Countyes
Respectively at or Before the tenth day of December next
comeing and ye s'd Com'rs shall Direct their sev'all or Joynt
pr'cept or pr'cepts to each Respective towne within their County
requiring ye inhabitants of ye s'd towne to meet together
and make choice of such numb'r of persons as they in their
Discretion shall think meet to the p'sent Assessors Requiring
them to appear before ye s'd Com'rs at such time and
LAWS OF THE COLONY OF NEW YORK.
139
place as they shall appoint not exceeding eight days and at
such their appearances ye s'd Comiss'rs or soe many of them
as shall be there unto appointed shall openly read or cause to
be read unto them ye Rates in this act mentioned and how
and what mann'r they ought & should make their Certificates
according to ye Rates afores'd and shall then and there p'fix
an other day to ye s'd p'son to appear before ye s'd Comissioers
& bring in their Certificates of ye names S'names of all &
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 vallues of Every of them in lands moneys and all visible
Estates & other things chargable by this act together with ye
assessments of ye Respective rates thereby imposed on each
p'ticular p'son according to ye Rules & Dire'cons thereof with
out Concealment love favor Dread or malice uppon paine of
forfeiture of any sums not Exceeding five pounds and shall
then also returne the Names of two or more 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 Receiv'r Generall to be appointed by ye Governour his
Deputy or Deputys in Manner ffollowing such Money as they
shall be Charged with all the County by whom they are so
employed shall be answerable which Certificates 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
all moneys and Rates Due thereupon according to the true
intent and meaning of this act of all which ye s'd Collectors are
hereby required to make Demand of ye p'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 say 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 who are hereby impowerd and Required
to Call uppon & hasten the Collectors to ye s'd payment and
after ye s'd first Day of Aprill to levy by warrant Und'r ye
hards & seals of any two or more of ye Commissioners Uppon
ye Collectors by distress such sum & sums of money as he
hath rec'd and as ought by him to have 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 severall Countys shall at ye time of ye Delivery of ye Cer-
tificates or six dayes after have Certaine knowledge or volun❜ly
suspect that any person or persons Whoe ought to be mentioned
in ye s'd Certificates is or are omitted or that any person
or persons in ye s'd Certificate mentioned is or are of greater
vallue or Estate than in ye s'd Certificates is men'ioned ye
s'd Commissioners or any three or more of them shall have
power to warne such person or persons to appear before them
at a day & place p'fixed to be Examined touching their sub-
stance & value or touching any other matters which may any
way's Concerne ye premisses 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 ye sum of ye rate he should or ought
to have been set at and Moreov'r the s'd Commissioners or
any three or more of them shall have power By all 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 ye true intent and meaning
of this act and ye s'd Receiv'r Generall out of ye s'd rates
and assessments shall have an allowance of two pence in ye
pound for all 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 Receiv'r Generall his Deputy or
Deputyes And if any person or persons shall refuse to pay
ye severall sume & sums and proportions by this act appointed
for such person to pay uppon demand made to ye Officer or
Collector of ye place according to ye p'cept to him Delivered
by ye s'd Commission'rs it shall and may be Lawful to &
for such officer or collector who are hereby thereunto Author-
ized and Required for non payment thereof to Distrein the
person or persons so refusing by his or their goods or Chattells
ye Distress so taken to keep by ye space of four days at ye Costs
and Charges of ye owners thereof and if ye 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 overrplus
Coming by ye s'd sale (if any be) over & above ye charges &
keeping 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 space
LAWS OF THE COLONY OF NEW YORK.
141.
of twenty days after Demand as afores'd where no sufficient
Distress can or may be found where by ye same may bẹ levyed
in Every such Case three or more of ye Commissioners by this
act appointed for any such County or place are hereby Author-
ized by warrant Under their hands & seals to Comitt such
person or persons to ye Comon Goal there to be Kept without
Bayle or Mainprize untill payment shall be made.
And if any p'son assessed or rated find him or herself agreived
with such assessing or Rating and Do within ten day's after
Demand thereof make Complaine to ye Comissioners the s'd
Commissioners or any two or more of them whereof one of
ye Commissioners who signed or allowed his or her rate to
be one shall & may within fourteen days next after such Com-
plaint p'ticularly Examine ye person so Complaining uppon
his or her Oath of his or her Estate afores'd and Uppon Due
Examination & knowledge thereof abate Defalk increase or
inlarge ye s'd Assessment.
And Be it farther Enacted that ye Commissioners which
shall be within any County. or place within their Respective
limitts or ye Major p't of them shall tax and assess Every other
Commissioner joyned with them and as well all sumes uppon
Every of ye s'd Comissioners as ye assessments made and
p'sented by ye p'sent as afores'd shall be Levyed and Gathered
as it should and ought to have been if ye s'd Comissioners
had not been named Comissioners.
PROVIDED allways and be it Enacted by ye Authority afore-
s'd that this act & Everything therein Contained shall be of
force Untill ye 21st Day of Aprill 1685 and No longer any thing
therein Contained to ye Contrary in Anywise notwithstanding.
PROVIDED allways that all Charges Accruing by Reason of
the transportacons or Conveyance of any money or other specie
Collected by Virtue of this act shall be paid and allowed
out of ye Money or specie so Collected as afores'd
PROVIDED also that by ye word money is to be Und'stood
ye produce of ye Country vallued att ye Current price for money.
[CHAPTER 15.]
[Copied from the original in the office of the Secretary of State. That
the act was received by the Board of Trade, on February 17, 1684,
appears from the transcript of the Journal thereof, in Doc. Rel. to Col.
Hist., of N. Y., III, p. 354.]
An act to prevent ffrauds in conveyancing of lands.
[Passed November 3, 1683.]
Forasmuch as many abuses and injurys have happened to
the Inhabitants of this Province for the want of Duely register-
142
LAWS OF THE COLONY OF NEW YORK.
ing and recording conveyances of Lands whereby disputes and
law-Suittes do continually arise; ffor the prevencon whereof;
Bee itt enacted by the Governor Councill and representatives
in General Assembly and the Authority of the same, Thatt
from & after the five and twentieth day of December next
after the Date hereof, No grants deeds Mortgages or other con-
veyances whattsoever of any lands or Tenements within this
Province shall bee of any force, power or validity in Law,
Unless the said grants Deeds Mortgages or other conveyances
be entered & recorded in the Register of the County wherein
such lands or Tenements do lye within six months after the
dayes of their respective dates. Provided always and bee itt
further enacted by the authority aforesaid, Thatt none of the
aforesaid grants, Deeds Mortgages or other conveyances shall
be entered or recorded, until the party or partys who did
Seale and deliver the same shall make acknowledgement thereof
before some one of his maties Justices of the Peace, or thatt
the same bee by Sufficient Witnesses proved before the said
Justice of the peace and Certificates thereof Entered on the
backside of the said Deeds, Grants, Morgages or other Con-
veyance.
Provided always thatt the said Deeds Mortgages or other Con-
veyances as aforesaid bee by the Clerk or Register of the County
where such Deeds, Mortgages or other Conveyances are entered.
Transmitted once every yeare to the Secretarys Office att
New Yorke with the ffees ordained for the same, there to
be registered and Entered.
Provided also thatt the sume menconed in the said Deeds
Mortgages or other Conveyances do exceed the sume of fifty
pounds and no otherwise.
Provided also thatt if the Clerk or Register shall neglect
to transmitt the said Records as aforesaid thatt the such neg-
lect of the Clark shall nott prejudice the right of any p'son
claiming any such Lands by vertue of such Deeds Mortgages
or Conveyances as aforesaid, butt thatt for such Neglect the
said Clerk shall loose his place & be made for ever incapable
to Execute any place or office of trust within this Province.
Second Session, October, 1684.
THOMAS DONGAN, GOVERNOR.
CHAPTER 1.
[Copied from the original in the office of the Secretary of State. The
portion of the original law containing the signature of the Governor, and
LAWS OF THE COLONY OF NEW YORK.
143
the date of passage is torn off. The date of its passage, as October 21,
1684, is given by E. B. O'Callaghan, in Hist. Int. to Journals of the
Legislative Council of New York, p. 12.]
A Bill for Explaneing Severall Clauses in the
Act for Establishing Courts of Justice within
this province.
[Passed, October 21, 1684.]
WHEREAS by Act of this p'sent Generall Assembly amongst
other things it was Enacted & provided that not lesse then four
Justices of the peace of Each Respective County together with
a Judge should hould and keep the Court of Oyer and terminer
and Generall Goale delivery which Numbr hath by Experience
beene found troublesome and inconvenient Bee it therefore
Enacted by the Governour Councell & Representatives in Gen-
erall Assembly mett and Assembled and by the Authority of
the Same that from henceforth one of the Judges, any three
of the Justices of the peace of ye County being p'sent, Or
two or three 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 time to time as to them
shall seeme meet and convenient PROVIDED that the Sessions
of the Said Court Continue no Longer than seaven dayes And
act and doe all such other thing and things as by the afores'd
Act they are empowered enjoyned and required any thing in
any form'r Act of Assembly to the Contrary hereof in any wise.
Notwithstanding
And whereas it Some 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 held and kept in.
Be it further Enacted by the authority aforesd that any three
of the Justices of the peace of the 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 arrival of the Said Judge or Judges
any thing to the Contrary hereof Notwithstanding.
And whereas by the said Generall Assembly it was likewise
Enacted that there should be in every towne within this
province a monthly Court Consisting of three psons to End all
Small Causes to the value of forty shillings and finding that
one of the three may be absent or have a Case depending
Bee it further Enacted by the Authority aforesaid that If any
two of the three psons shall bee prsent they may proceed to
'Act and doe all such things as by the said Act they are impow-
144
LAWS OF THE COLONY OF NEW YORK.
ẹred and required Any thing in the said Act to the Contrary
hereof Notwithstanding
Bee it likewise Enacted by the Authority aforesaid that the
aforesaid psons shall be annually Chosen by the plurality of
Voices of the ffreeholders of Each respective town on the
second or third day of Aprill And being Soe Chosen as
aforesaid and sworne by a Justice of the peace they may hold
and keep the said Courts & Doe all such other things concerning
the prmisses as by the Said Act are Enjoyned any thing to
the Contrary hereof in any wise notwithstanding.
And whereas there is noe time Limitted and appointed how
long the County Court or Courts of Sessons shall sitt Be it
further Enacted by the Authority aforesaid that from hence-
forth noe County Courts or Courts of Sessions shall sitt and
hold Court Longer than three dayes at one time.
[CHAPTER 2.1
[Copied from the original in the office of the Secretary of State.]
A Bill to Regulate Proceedings in Law.
[Passed, October 22, 1684.]
Bee itt enacted by the Gen'll assembly and Authority thereof
that if any verdict of Twelve men shall bee given in any action
suite Bill or Demand to bee commenced from and after the
first Day of January next Comeing in any Court of Record
within this Province Judg't thereupon shall nott bee arrested
stayed or Reversed upon any Kind of Circumstantiall Errors,
defects mistakes, or default in forme or for lacke of forme butt
that all Such defects errors defaults and mistakes and all other
matters of Like Nature not being against the right of the
Matter of the Suite nor whereby the Issue or Tryall are altered,
shall bee amended By the Justices or Judges of the Court
where such Judgments shall be given, or where unto the Record
shall bee removed.
Bee itt likewise Enacted by the Authority aforesaid thatt
from henceforth all Originall Writt & Processe shall express in
whose Name the Plan't Sueth whether in his owne Name or
as Executor of the Last will and Testament of such a man
or administrator of the 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
[CHAPTER 3.]
[Copied from the original in the office of the Secretary of State.]
A Bill Declaring of whatt age Lands
may bee passed away and Guardians
Chosen.
[Passed, October 22, 1683.]
BE IT ENACTED by this Generall Assembly that the age for
passing away Lands or hereditament shall be one and Twenty
Years, And for Chusing Guardians fourteen years, and all per-
sons of ye age of one and Twenty Years as aforesaid and of
Sound understanding and Memory whether Excomunicate
Condemned or others except for high Treason shall have full
power and Liberty to make their Wills and Testaments and
other Lawful Allienations of their Land and Estate all which
to all Intents and Purpose shall bee accounted good in Law.
Provided alsoe and Bee itt further Enacted, by the authority
aforesaid that the age for plaintiffs and Defendants in Civill
Cases before any Court of Judicature shall be Twenty one years
and for all persons under that age their Parents, Mastors and
Guardians either personally or by their Attorneys as they shall
see meet shall plead and defend their Right and Interest as
the watter may require. And in all Cases Capitall or Crim-
inall every person Younger as well as Elder shall be Liable
to answer in their proper persons for such crimes and mis-
demeanors as they shall bee accused of and may alsoe present
any misdemeanor to any Magistrate Grand Jury man or Court
any Law Custome or Usage to the Contrary Notwithstanding.
Provided always that in Case of Life and Death the Court
may assigne Councill to the Criminall in matters of Law only.
[CHAPTER 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 its passage, as October 23, 1684, is
given by E. B. O'Callaghan, in Hist. Int. to Journals of the Legislative
Council of New York, p. 12.]
A Bill against Common Baratry Champerty &
Maintenance
[Passed, October 23, 1684.]
Be it Enacted By this General Assembly and yee Authority
thereof that if any person whatsoever shall ffrequently move
excite and maintain suits or Quarrells in Courts or in ye Country
in disturbance of ye Peace in Taking or detaining in possession
19
146
LAWS OF THE COLONY OF NEW YORK.
houses Lands or Goods by false Invention or in sowing of Calum-
niations Rumors and discords whereby disquiet ariseth among
Neighbours he shall be deemed and accounted a Common Bar-
retter and being thereof Lawfully convicted for every such
offence fforfeit and pay ye summe of Ten pounds Currant money
of ye Country;
Be it Further Enacted by ye authority aforesaid that who-
soever shall move or Cause to be moved pleas & suits either
by their owne or others Procurem't and Sue them att their
owne Cost to have part of ye Lands or Gains in Variance and
be thereof Legally Convicted Shall be adjudged guilty of Cham-
perty and maintenance and for every such offence shall forfeit
and pay the Summe of Tenn pounds Currant money aforesaid
and be prohibited ffrom pleading att yee Barr in any the Courts
of this Province for and during ye space of one whole yeare.
[CHAPTER 5.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning Chirurgions and Midwives.
[Passed, October 22, 1684.]
Be it Enacted by this Generall Assembly and the authority
of the same that no person or persons whatsoever employed
att any time about the Bodyes of men women or children for
Preservation of Life or Health as Chirurgion Midwife or Phi-
sitian or others presume to Exercise or put forth any act Con-
trary to the knowne approved Rule of Art in each Mistery
or occupation nor Exercise any fforce violence or Cruelty upon
or towards the Body of any neither young or old without the
advice and Consent of such as are Skillfull in the S'd Arts
(if such may be had) or att least of some of ye wisest and Gravest
then present and Consent of the Patient, and Patients if they
be Montis Compotes much lesse Contrary to such advice or Con-
sent upon such severe punishment as the nature of the fact
may deserve.
[CHAPTER 6.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning the Choice of Constables.
[Passed, October 22, 1684.]
Be it Enacted by this Generall Assembly and by the authority
of ve same that the Constables in each Respective towne or
County shall be Elected att ye same time and according to
LAWS OF THE COLONY OF NEW YORK.
147
ye same ways and Methods as have 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 through the Increase of Inhabitants, enlarge-
ments of Bounds or any other ways one Constable is not Capa-
ble to officiate the place that then and in such Cases the
Inhabitants of the Towne place or County where Such deffect
shall happen may make choice 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 the original in the office of the Secretary of State. The
date of its passage, as October 23, 1684, is given by E. B. O'Callaghan
in Hist. Int. to Journals of the Legislative Council of New York, p. 12.
A Bill against Fugitive Servants and The
Entayners of Them.
[Passed, October 22, 1684.]
Bee itt enacted by this Gen'll Assembly and by the authority
thereof that every Servant or Servants that shall depart or
absent Themselves frome their Master or Mistresse without
Leave first obtained shall be adjudged to Double Their Time
of Such Their absence by future Service by any Two Justices
of the peace of the County before whome the said Servant
shall bee Brought and to make full Satisfaction to their said
Master or Mistresse for all Such Costs and Charges and Dam-
ages as they shall have Susteined by reason of Such unlawfull
Departure which said Costs Charges and Damages the two
Justices of the peace as aforesaid have hereby power and author-
ity to Assesse and allow and in Case the said Servant Cannot
otherwise Satisfie his said Master or Mistresse he shall doe
itt by Service and according to the 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 money 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 all Costs Charges and Dam-
ages which the said Master or Mistresse can make appear to
have Thereby susteined.
148
LAWS OF THE COLONY OF NEW YORK.
PEE itt further ennacted by the authority aforesaid that
whosoever shall Councell, perswade, entice, inveagle, or allure
any white Servant whether Male or female either by promises
of freedome Matrimony or by any other ways or meanes what
soever to omitt or Neglect the Service worke and Imployment
of his or her Master or Mistresse and be thereof Convicted shall
be adjudged to make full satisfaction to the said Master and
Mistresse respectively for the remayning time of the said servant
on such termes as the Master or Mistresse and the person soe
Convicted can agree or in Leiu therecf to serve Such said
Master or Mistresse soe long Time as the said Servant should
or ought to have done.
BEE itt further Enacted by the authority aforesaid that if
any person whatsoever shall entertaine or afford any manner
of releif or sustenance to any Servant Apprentice or Slave
knowing thatt the said Servant Apprentice or Slave hath
absented himself from his Master or Mistresse without their
Leave and be thereof Lawfully Convicted shall pay to the
Master or Mistresse of such Servant Ten Shillings for every
dayes entertainment and Concealment and be amerced for the
use of the County for every Such offence five pounds. Current
money aforesaid.
[CHAPTER 8.]
[Copied from the original in the office of the Secretary of State.]
A Bill to prevent deceit & Forgerys.
[Passed, October 23, 1684.]
For the preventing of many deceits and fforgerys which may
happer through the artifice of wicked and evil minded people
Be it Enacted by this Generall Assembly and by the authority
of the same that no bargain sale Mortgage or grant of any house
or Land within this Province shall be holden good in Law
Except ye same be done by Deed in writting under ye hand
and Seale of the Grantor & delivery and possession given in
part in the name of the whole by the said Grantor or his
attorney so authorized under hand and seale and unless
ye said Deeds be acknowledged by the said Grantor before
one of the Judges of Oyer and Terminer and General Goale
Delivery within one yeare after sealing thereof and Recorded
as is prescribed in an Act Intitled, An Act to prevent ffrauds
in conveyencing of Lands made this present session of Assembly
PROVIDED Always and Be it Enacted by the authority afore-
said That if any such Grantor being required by his Grantee
his heirs or Assigns to make an acknowledgem't of any grant
LAWS OF THE COLONY OF NEW YORK.
149
sale Bargain or Mortgage by him made according to the true
Intent and meaning of this Act shall refuse so to doe It shall
be in the power of any Justice of the Peace to committ the
party so refusing to Prison without Bayle or Mainprise untill
he shall acknowledge the same and the Grantee shall enter
his Caution with the Clarke of ye Court of Oyer & Terminer
and this shall save his Interest in the meanetime
PROVIDED Also if it seeme doubtfull to the said Justice
of the peace whether it be the deed or Grant of the Grantor
he shall Cause the said Grantor to enter into a Recognisance
double ye vallue of the thing Granted with two sufficient sure-
tys ffor his Appearance at the next Court of sessions then and
there to do and receive what by the said Court in that Case shall
be Considered and the Caution shall Remaine good as aforesaid;
PROVIDED Also and Be it ffurther Enacted by the authority
aforesaid that no Conveyance Deed or Promise shall be of any
fforce or Vallidity nor shall the Grantor be Compelled to
acknowledge the same if it were obtained by Illegall violence
Imprisonm't or any kind of fforceable Compulsions called Duress
any thing to the Contrary hereof notwithstanding
PROVIDED likewise this Act nor anything therein contayned
shall Include fformer Deeds, Mortgages or Conveyances but
leave them in the same Condition as they were before ye making
of the same; PROVIDED Also that this said Act nor any Clause
therein Contained shall Extend to houses or Lands Given by
Will or Testament any thing to the Contrary hereof notwith-
standing
[CHAPTER 9.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning Purchasing of Lands from the Indians.
[Passed, October 23. 1684.]
BEE itt Enacted by this Gen'll assembly and by the authority
of the same that from henceforward noe Purchase of Lands
from the Indians shall bee esteemed a good Title without Leave
first had and obtaineid from the Governour signified by a War-
rant under his hand and Seale and entered on Record in the
Secritaries office att New Yorke and Satisfaction for the said
Purchase acknowliged by the Indians from whome the Purchase
was made which is to bee Recorded likewise which purchase
soe made and prosecuted and entered on Record in the office
aforesaid shall from that time be Vallid to all intents and
purpoases.
150
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 10.]
[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. The date of its passage, as October 23, 1684,
is given by E. B. O'Callaghan, in Hist. Int. to Journals of the Legislative
Council of New York, p. 12.]
A BILL Concerning Marriages.
[Passed, October 23, 1684.]
WHEREAS By the Law of England noe Marriage is lawfully
consumated without a Minister whose Office is to joyne the
partyes in matrimony after the Bands thrice published in the
Church or a Lycence first had and obtained from some other
person thereunto authorized all 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 authority of the same That from henceforth the
names and sirnames of Each party who intend Marriage Shall
be publiquely read in the parish Church or usuall meeting place
where they both then inhabitt three severall Lords dayes
together or where noe Church or publique meeting place shall
happen to be a publicacon in writeing Shall be fixed fourteen
dayes before Marriage on the door of the Constable of Each
parish where the partyes inhabit unlesse they bring or produce.
a Lycence under the hand and seale of the Governour in all
which Cases and not otherwise It shall be lawful for any
minister or Justice of the peace within this province to joine
together in Matrimony the partyes soe published or producing
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 doores their names were
affixed which Certificate shall be sent to the office of the Register
of the County and there Entred on Record together with a
Certificate of their Marriage with the day and date thereof
from the party by whom they were marryed there to remaine
in perpetuam rei memoriam for Entring and recording of which
said Certificates the Clerke or Register shall be paid by the
party marryed for Each one shilling, provided alsoe the said
partyes purge themselves by Oath if required before the Justice
of the peace or the minister who have hereby power to Admin-
ister the same that they are not under the bonds of matrimony
to any other person living, and if it shall after happen to be
proved that either or both of the said partyes are perjured and
LAWS OF THE COLONY OF NEW YORK.
151
thereby obtained another marriage for the said perjury the
party or partyes offending shall suffer as in Cases of perjury
and further be proceeded against as in Cases of polygamy.
PROVIDED alwayes that if either party be approved innocent
the said party soe approved as aforesaid may be free to marry
whom they please not forbidden by the Lawes of the province.
BEE It further Enacted by the authority That if any man
Shall p'sume to marry contrary to the Law prescribed the per-
son offending shall be proceeded against as for fornication
and the minister or Justice That marryed them shall forfeit
twenty pounds and be suspended from his benefice and office.
BEE It further Enacted by the authority aforesaid That if any
person whether man or woman travailing by sea or Land into
any forreigne parts which voyage by Computacon may be per-
fected in one yeare or lesse of whom noe certaine knowledge
or news shall be had within five yeares after his or her Depart-
ure nor of any who accompanied him or her in the Voyage
It may be justly presumed that such person is Dead and after
the Expiracon of five compleate yeares as aforesaid it shall
and may be lawfull for the other person to Remarry
PROVIDED Alwayes That if either the man or woman shall at
any time after the Expiracon of five years returne and bring
full and sufficient testimony that he or she hath divers ways
indeavoured by writeing or messages to make knowne to his
wife or her husband that he or she were then Liveing or that
they were by imprisonment or bond Slavery Lawfully hindered
from giveing such Informacon It shall and may be Lawful for
the said man or woman to Challenge his or her premarriage
and may by an order out of the High Court of Chancery Cohabit
as formerly.
PROVIDED Alwayes that if neither shall sue for such order
they may by mutuall agreement Enter a Release to Each other
which Release Shall be Entered in the Office of Records and
both remaine free from their former obligacons.
PROVIDED Nothing in this Act Shall be Construed or intended
to prejudice the Custome and manner of marriage amongst the
Quakers, but their manner and forme of marriages shall be
judges Lawfull; provided they Admitt of none to marry that
are restrained by the Law of God contained in the five bookes
of Moses; and that they permitt none to be marryed within
their Congregation or meeting of any other persuasion then
themselves Except by Licence from the Governour or publicacon
as this Law directs and record made of such marriage, as this
Law does direct under the penalty aforesaid.
152
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 11.]
[Copied from the original in the office of the Secretary of State.]
A BILL Concerning Cattle Corne Fields and Fences.
[Passed, October 23, 1684.]
FORASMUCH as it is best knowne to ye Inhabitants of each
Towne how and in what manner their Cattles ought to be
marked & their Corn ffields to be ffenced and forasmuch as a
generall Law in this kinde may not be equally convenient to
all places, Be it enacted by this Generall assembly and the
authority thereof that it Shall and may be Lawfull for ye Inhab-
itants of any Towne within this Province by warrant under ye
hand and seale of some cne Justice of ye Peace of ye County
within which the said Towne doth lye to Convene and meet
together so often as occasion shall require and to Consult of
and make such Laws & ordinances concerning the marking and
Impounding Cattle and ffencing their ffield & meadows as to
them shall seeme meet and Convenient Provided always that
none of ye said Laws or Ordinances be repugnant to the Laws
of this Province and that they be allowed and Confirmed by
the next Court of Oyer and Terminer which shall ffirst happen
after the making of such Laws as aforesaid otherwise to be
of no force or virtue;
PROVIDED likewise that two of the Justices of the Peace
of the said County together with the Major part of the Inhab-
itants of the said Towne do Consent and that all be duely
summoned to bee att the said Towne meeting where such
Laws are made as aforesaid.
[CHAPTER 12.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning Burialls
[Passed, October 23, 1684.]
WHEREAS: the private Burialls of Servants and others
Gives Occasion of much Scandall against divers persons and
Sometymes (not undisernedly) of being guilty of their deaths
from which If the person Suspected be Innocent there Can
be no Vindication nor If guilty punishment by Reason they are
for the most part buried without the knowledge or View of
any others than Such of the family as by neerness of Relation
are unwilling or as Servants are fearfull to make discovery
If murder were Committed:- Be It Enacted by this generall
LAWS OF THE COLONÝ OF NEW YORK.
153
Assembly and by the Authority of the Same that within every
Parish within this Government there shall be one or more
places apoynted for the Burial of the dead and before the
Corps be Interred there shall be three or four of the Neighbours
at least Called who may in Case of Suspision View the Corps
and according to the desent Custom of Christendom Accompany
It to the Grave and that noe person Shall be Buried in any
other place then those so apoynted unless Such as by their
own appoyntment in their Life tyme have Signified their desire
of being Interred in the Buriall place of Some other Parish.
[CHAPTER 13.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning Assignments of Specialtys.
[Passed, October 23, 1684.]
Be itt Enacted by this Generall Assembly and by the author-
ity of ye same y't any Debt or Debts due upon Bonds or other
Specialtys or any other note in writting for any Debt Duty
Demand matter or thing assigned to any other person or
persons shall be as good and effectuall in ye Law to ye assignee
or assignees as they or either of them were to such person
or persons att ye time of the assignm't of such Bonds or other
specialtys or Noates in writting and that it shall be lawfull
for such assignee or assignees his or their Executor Adminis-
trator or Assignees to demand sue for recover all such Debts
Dutyes and Demands whether upon Bonds or other specialtyes
or any other note in writting in ye assignee or assignees one
Name or names or in ye Name of the Executor administrator or
assignees of such assignee or assignees as fully to all Intents
and purposes as Ye Originall Creditor might have done Pro-
vided Alwayes the said Assignm't be made cn ye Back side
of ye Bond or other specialty or noate in writting or on some
paper or parchment thereunto annexed & attested att Least
by one witnesse or Acknowledged by the assignee before some
Judge of Record.
[CHAPTER 14.]
[Copied from the original in the office of the Secretary of State.]
'A' Bill Concerning Brewers.
[Passed, October 23, 1684.]
Bee It Enacted, By this Generall Assembly & the Authority
of the Same that noe person whatsoever shall undertake the
20
154
LAWS OF THE COLONY OF NEW YORK.
1
Calling or work of Brewing Bear for Sale; but only Such as
are known to have Sufficient Skill or knowledge in the art or
Mistry of a Brewer; and If any Master of a Shipp or Vessell
or any other person whatsoever shall purchase or buy any
Bear of any Brewer within this Government; which Bear Shall
prove unwholeSome and Useless for their Suply either through
the Insufficiency of the Mault or brewing or bad Cask; the
person wronged thereby Shall be and Is Inabled by Vertue of
this Act to maintain an Action against the person or persons
from whome the said Bear was Received; and to Recover his
Just damages.
[CHAPTER 15.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning Orphans.
[Passed, October 24, 1684.]
Bee it Enacted by this Generall Assembly and the Authority
of the Same that all persons That have or hereafter shall have
any Estate of Goods Chattels or Lands in their Possession
belonging to any That are under age shall once Every yeare
Exhibit an Inventory and Account of the Said Estate to the
Respective Court of Sessions in whose Jurisdiccon Such Estate
Lyeth And in Case any person or persons which have such
Estate in their hands doe not At the time and place aforesaid
present the Inventory and account of such Estate as aforesaid
that then the party soe neglecting Shall be sued for such his
neglect And if noe good improvement have beene made on the
Same Estate it shall be in the Power of the Court before Whom
the Accon is brought to Compell the Said person in whose
hands the Said Estate remayneth to give in Good Security for
the better improvement and management of the Same or other-
wise to remove it into the hands of some other person or persons
as the Court shall thinke meet and Convenient.
[CHAPTER 16.]
[Copied from the original in the 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 off. The date of its passage, as October 24,
1684, is given by E. B.O'Callaghan, in Hist. Int. to Journals of the Legis-
lative Council of New York, p. 12.]
AN ACT for Quieting of mens estates & the Limita-
tion of Certain actions for Avoiding of suits In
Law.
[Passed, October 24, 1684.]
For Quieting of mens Estates, and avoyding of suits, Be
it Enacted by the Governour Councell and assembly now assem-
LAWS OF THE COLONY OF NEW YORK.
155
bled that all writts or Actions for any Reail 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 ffirst Descended or ffallen, and att no time after the
said seven years:
And that no person or persons shall att any time hereafter
make any entry in Real Estate but within seven years next
after his or their Right or Title which shall hereafter first
descend, or accrew to the same, and in deffault thereof such
person in not entring and their heirs shall be utterly Excluded
& disabled from such entry after to be made, any fformer Law,
Custome or Usage to the Contrary Notwithstanding; Provided
nevertheless That if any Person or persons that is or shall be
entituled to such Writt or Actions or that hath or shall have
such Right or Title of entry bee or shall bee att ye time of
the said Right or Title ffirst descended, accrewed, come or ffalen
within the Age of one and twenty years, ffeme Covert, non
Compos mentis, Imprisoned or beyond the seas, That then such
person and persons and his and their Heir and Heirs shall
or may notwithstanding the said seven years be expired bring
his Action or make his entry as he might have done before
this Act; so as such person and persons and his and their
Heir & Heirs shall within three Years next after his and their
ffull age, Discoverture, coming of sound Mind, Inlargement out
of prison, or Coming into the Province, take benefitt off, and sue
fforth the same, and att no time after the said three Years;
And Be it ffurther Enacted that all Actions of Trespasse Detinue,
Action of Trover, and Replevin for Taking away of Goods and
Chattles all Actions of Account & upon the Case, other when such
accounts as Concerne the Trade of Merchandise between Mer-
chant and Merchant their ffactors or servants, all Actions of
Debt grounded upon any Lending or Contract without specialty
all Actions of Debt ffor arrearages of Rent, and all actions of
Assault, Menace, Batery, Wounding & Imprisonment or any
of them which shall be sued or brought att any time after the
beginning of this present session of assembly shall be Com-
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
account, and the said Actions for Trespasse, Debt Detinue and
Replevin for gcods or Cattle within three years, after the
beginning of this present 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 Wounding
156
LAWS OF THE COLONY OF NEW YORK.
Imprisonment or any of them, within six months next after
the beginning of this present sessions of Assembly or within
nine months next after the Cause of such Actions or suit and
not after, And the said action upon the Case for words, within
six months after the beginning of this present session of assem-
bly or within nine months next after the words spoken and
not after
And be it ffurther Enacted by the authority aforesaid that
in all actions upon the Case for slanderous words, to be Sued or
prosecuted by any person or persons in any the Courts of
this Province after the beginning of this present session of
Assembly, If the jury upon the Tryall of the Issue, in such
Action, or the Jury that shall enquire of the Damages do ffind
or Assesse the Damages under fforty shillings, then the said
plaintiff or plaintiffs in such Action shall have & recovered
only so much Costs as the Damages so Given, or assessed
amount unto without any ffurther Increase of the same, any
fformer Custome, usage or practice to the Contrary in any
wise notwithstanding.
Provided neverthelesse and be it ffurther Enacted, That if
any person or persons that is or shall be entituled to any such
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 the Case of words, be or shall be att the time of any
such cause of Actions, given or Accrewed, ffallen or Come,
within the Age of one and twenty years, Feme Covert, Non
Compos mentis; Imprisoned or beyond the seas, That then such
person or persons, shall be att liberty to bring the same Actions,
so as they take the same within such Times as are before Lim-
itted, after their Comming to or being of ffull age, discovered
of sane memory att Large and Returned ffrom beyond the seas
as by other person having no such Impediment should be done.
[CHAPTER 17.]
[Copied from the original in the office of the Secretary of State.]
A Bill to Prevent the Absence of Justices
of the Peace, from Their Courts.
[Passed, October 24, 1684.]
Be It Enacted by ye Generall Assembly that if any Justice
of ye Peace shall be Absent from ye sessions Held within ye
County where he inhabits or from ye Court of Oyer and
Terminer and Generall Goal Delivery so that ye Court or Courts
LAWS OF THE COLONY OF NEW YORK.
157
Cannot proseed to business for want of a sufficient Number of
ye s'd Justices to make a quorum he shall be amersed for evry
Days absence five pounds to ye Use of that County Provided
allway that If It appear to ye Court that ye said Justice was
nesessarily hindered by any apparent act or Providence of
God which he Could Neither forsee nor avoid The said Justice
shall be Held Excusable and No ways Liable to ye abovesaid
Amercem'ts, Provided allwayes that this Act or any thing
therein contained shall in no wise extend or reach to any, who
are of the Councell.
[CHAPTER 18.]
[Copied from the original in the 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 off. The date of its passage, as October 24,
1684, is given by E. B. O'Callaghan, 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 this General assembly and by the authority
of ye same that no servant or slave either Male or Female
shall either Give Sell or Truck any Comodity Whatsoever during
ye Time of their service under ye penalty of such Corporall
punishm't as shall be Ordered to be Inflicted by Warrant under
ye hands of two Justices of ye Peace of the County where ye
said servant or Slave doth Reside and if any person whatsoever
shall buy of Receive from or Truck with any servant or slave
Contrary to this Law they shall be Compelled by Warrant
as aforesaid to Restore ye said Comodityes so bought Received
or Truck'd for To ye m't of such serv't or slave & fforfeit for
every such offence ye summe of ffive Pounds Currant money
of ye Country to be levyed by distresse by Warrant under ye
hands of two Justices of ye Peace as aforesaid And if any person
whatsoever shall Creditt or Trust any servant or slave for
Clothes Drinke or any other Comodity whatsoever ye said per-
son shall loose his Debt & be for ever Debarred from main-
tayning any suit att Law against ye said servant or slave for
any matter or thing so Trusted as aforesaid;
Provided alwayes if any master or Dame shall Tyranically
& Cruelly abuse their servants or not allow them sufficient
Provisions or apparell upon Complaint by such servant or ser
vants to any Justice of ye Peace the said Justice may bind
ye said master or Dame over to ye Next sessions then and
there to answer ye premises and if upon hearing ye matter
158
LAWS OF THE COLONY OF NEW YORK.
the Complaint be ffound. true the Court may order the said
Master or Dame to give in Good security for their better abear-
ing themselves towards their said servants for the ffuture and
upon ye Partyes Refusall to give in such security as aforesaid
The Court may and shall have power by virtue of this Act to
set the said servant or servants att Liberty and ffree him or
them from any ffurther service to his or their said Master
or Dame But in case any servant or servants shall causslessly
complaine against their master or dame if they cannot make
proof of a just occasion for such complaint. such servant or
servants shall by the Justices of ye Court of Sessions be
enjoyned and Ordered to serve his or their Master or Dame
six moneths time gratis Extraordinary for such undue Com-
plain Be it Further Enacted by the authority aforesaid that if
any servant or slave shall Run away from their Master or
Dame every Justice of Peace within this Province is hereby
Authorized and Impowered to grant Hue and Cry after the
said Servant or slave ye Master or Dame having first given
in Security for ye Paym't of ye Charges that shall thereby
accrew and all Constables and Inferior officers are hereby
strictly required and Commanded authorized & Impowered to
presse Men horses Boates or Pinnaces to pursue such persons
by sea or Land and to make Diligent Hue and Cry as by the
Law is required
And forasmuch as Merchants and other Tradesman who take
apprentices have and may sustaine Great Losse & Damages
by ye allurement and Inticem❜t of evil minded Persons per-
suading the said Apprentices to Purloyne theyr Masters Goods
& Giveing them Entertainment att their houses att unseason-
able houres to ye Great Detriment of ye s'd Master and utter
ruine of ye said apprentices; Be it ffurther Enacted by the
authority aforesaid that if any person or persons shall persuade
allure or Intice any Apprentice to take steale Carry away or pur-
loin any Goods 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 ffor every such offence fforfeit the sume of one hundred
pounds Currant money of the Country and the Master or Mistris
of such Apprentices may maintain an action att Law against
the person or persons so offending and shall Recover all such
Damages as Cann be made appear to have accrued by Means of
such person or persons who shall be Convicted of the premisses
as aforesaid;
Be it further Enacted by the Authority aforesaid that if any
person or persons ether Lycenced or others shall entertaine
LAWS OF THE COLONY OF NEW YORK.
159
or suffer any apprentice to be entertayned or to be and Remaine
in any of their houses knowing him to be such att unseasonable
houres, That is say after the houres of eight or Nine of the
Clock att night att the ffurthest the person or persons so
offending shall for every such offence being thereof Lawfully
Convicted fforfeit the sume of ffive pounds Currant money of
the Country ye ffine for the benefitt of the County;
[CHAPTER 19.]
[Copied from the original in the office of the Secretary of State.]
A Bill Concerning Arest.
•
[Passed, October 24, 1684.]
Bee It further Enacted: By this Gen'all Assembly, That no
Sherriff or other officer Shall Execute, any writt or warrant of
what nature soev'r whith'r Originall or Juditiall upon any
p'son or p'sons or ye Estate eith'r upon ye Sabaeth day Christmass
day ye day of Humiliation for ye death of ye Late King or upon
ye day appointed for thanksgiven for his Maj'stys happy restaura-
tion or upon the 14th day of Oct. being the birth day of his
Royall Highnesse James Duke of Yorke and Albany Lord
Proprietor of this Province or upon ye fifth day of Novem'r nor
shall any of ye Writts aforesaid be Executed or Served on any
p'son or p'sons w'tsoev'r whilest they are at goeing to or Return-
ing from any publique fair or Markett w'ch shall be Established
for ye Publique good of this Province, Nor on any Such goods
or Traffique as they shall Carry to Such fair or Markett for
Sale: Provided allways noe Long'r tyme be allowed for their
going or Returning than ye Journey or Voyage may Reasonably
be p'formed in. And If any Sheriff Offic'r or oth'r p'son What-
soev'r shall arest or Imprison ye Body or attach the goods of
any Person Contrary to this Act. Y't y'n the p'ty whose 'psons
or goods was so arrested Imp'risoned or attached shall by Vertue
of this Act maintaine an Action of false Imprison't ag'st Such
Sheriff or Offic'r or oth'r & Recov'r all his damages Sustained by
Such Arest, Imprisonm't or attachm't & all Judgm't verdict &
Executions had or obtained ag'st any p'son w'soev'r & grounded
on any Such Writt Imp'risonm't or atachm't as afores'd are
hereby declared Null & void to all Intents Construction and
purposes w'toev'r any thing to the Contrary hereof in any wise
notw'thstanding. Provided allways y't It shall & may be Law-
full for ye Sheriff or any oth'r Offic'r to apr'hend & Carry to
Prison any P'son or p'sons for Treason fellony & breach of ye
peace or Escape out of Pr'son when und'r Execution uppon any
160
LAWS OF THE COLONY OF NEW YORK.
day at any place any thing in this Law to the Contrary hereof
notwithstanding. Provided also and be It furth'r Enacted By
ye Authority aforesaid, That all Persons who attend ye Councill
Board ye Court of Chanc'ry ye Court of Oy'r and Termin'r or
Sessions or any oth'r Court w'thin this Province for Publique
Service or in Compulsion Shall be free from any Arest Comeing
whilest they stay at & goeing from ye Said counc'll Board or
Court Provided their Stay Exceeds not forty eight hours aft'r ye
Court breaks upp or y't they are discharged from Such attendance
and all Persons w'tsoev'r who shall be arested Contrary to the
True Intent & meaning of ye Premises uppon Complaint and
Proof made to any memb'r of y't Court w'th hath Jurydiction of
ye Cause from whence the Said Arest Proseeded the p'son or
p'sons shall be Sett at Liberty and discharged. And If any
p'son shall at any tyme be Sued for Such dischargeing or Setting
Such p'son at Lib'rty as aforesaid, he may plead the Generall
Isue and give this Act in evidence for his defence and Justifica-
tion Provided also y't noe person shall be arested for any Debt
Untill Tyme That Ye Said Debt shall become due is Expired
Unless It appear uppon Oath Y't the Debt'r is about to Convey
himself away on purpose to avoid ye Action and defraud his
Credit'r In w'ch Case the said Debt'r shall not be discharged
unt'll he give in good Security to answ'r the plaintifs Action
when the Debt becomes due or y't the Said debt shall be duly
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 the age of Twenty One Years
shall be arested in any Civill action or Suite Unless the Debt, on
w`ch the Suite or Action Is grounded became due for diet or
apparell. Provided allways y't noe mans person Taken in Execu-
tion shall be kept in prison for Debt, or fine Long'r y'n the End of
ye first Court w'ch shall happen aft'r his Committm't, Provided
It be the same Court from whence ye Execution proseeds unless
the Plaintiff shall Make It appear that the p'son Imprisoned
hath Some Estate w'ch he will not p'et w'th all 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
Credit'r or Sheriff desire the Same. 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
Custom or Usuage to the Contrary hereof in any wise not with-
standing.
LAWS OF THE COLONY 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
[Passed, October 27, 1684.]
For the better Regulating of the Militia within this Province
for the Commcn Defence and Preservation Thereof Bee it enacted
by the Governour Councell and Representatives in assembly
met and assembled, and by the authority of the same
That a Major be appointed in such County (Capable thereof)
as head of the Militia there; as ye Govern'r shall think fitt:
That noe Master of Vessells bee exempt from Training but
such as are above fforty Tunns.
That all persons though ffreed from Training by the Law
yet that they be obliged to Keep Convenient armes and ammuni-
tion in Their houses as the Law directs To others
All fines for Neglect of Townes, bee Imposed by the Courts
of Sessions or County Courts, but for the Neglect of particular
persons, by the Captaines and Commission Officers
That the Governour doe chuse appoint & commissionate all
officers of the Militia within this province provided that all
such officers bee Chosen out of the Freholders inhabitants
within the Respective Townes and Counties where their Com-
panies are
1
That the Clarke, of the Respective Companies who are to
bee Sworne bee empowered by Their Commission Officers to
Levy all fines and Penalties as shall bee adjudged and Give
account thereof to the said Officers
That noe fines doe goe to the Commission Officers but that
they bee employed in the buying of Drumes and Colours Ital-
berds Trumpetts and other Necessary Charges Relateing to
the Militia to bee disposed off by the severall Commission
Officers of the Townes or Counties
That all 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 Locks being not thought necessary in this Country
that none bee obliged to provide them.
That military offences be adjudged By the Major (if present)
and Captaines in each County, but if absent the Captains and
Commission Officers to adjudge Them.
That if any Servant upon pretence of goeing to the warrs
against the Enimy doe runne away from his Masters service
21
162
LAWS OF THE COLONY OF NEW YORK.
he shall if taken be Greviously punished att the direction of
the Governour and Councell.
And that other persons nott Excused by Law pretending
tender Consciences (soe nott willing to beare armes) doe find
a Man to serve in their Stead or pay their fines as the Law
directs or are Left to agree with the Military Officers of the
place
As to other matters any way relating to Military affaires
nott herein exprest, all persons are to be regulated as in his
Royall Highnesses Lawes is Directed. And be it further Enacted
that every person Mustered or to be Mustered shall Once every
yeare pay unto the Master Master his Deputy or Deputys by him
Appoynted in each respective County 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 hath been and
is still Occasioned to the People of this Province as well by
arresting and reversing of Judgments, as by staying of Execu-
cons by Writts of Error and Supersedeas; Bee itt enacted by the
Governour and Councell and Assembly now assembled and by
the Authority thereof, That after Judgment shall bee given
in any of the Courts of this Province, the Partys and their
heyers shall bee thereof in peace untill the Judgment bee
undone by Attaint or Error, to bee brought within eight and
twenty days after Judgment given, in which time no Execucon
to Issue forth, butt after Execucon no attaint or writt of Error
to bee brought. And bee itt further enacted, Thatt if any
verdict of twelve men shall bee given in any action, Suit, birl
or demand, to bee commenced from and after the first day
of November next ensuing in any of the Courts of this Province,
Judgment thereupon shall nott bee stayed or reversed for Default
in forme or lack of forme, or by reason there are nott pledges,
or butt one pledge to prosecute, or for default of entering
Pledges 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 Vi et armis, or contra pacem, or for
or by reason of the mistaking of the Christian name or Surname
LAWS OF THE COLONY OF NEW YORK.
163
of the Plaintiff or Defendant, sume or sumes of money, day,
month or yeare by the Clerk in any Bill Declaracon or pleading
where the same is or are once truly & rightly alleaged in
any writt, Declaracon or Record proceeding where the mistake
is committed, whereunto the Plaintiff might have demurred and
shown the same for cause. Butt thatt all such Omissions vari-
ances and defects and all other matters of like nature, nott
being against the right of the matter of the suite nor whereby
the issue or Tryall 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
Execucon 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 they shall bee bound to prosecute the said Writt of
Error with Effect, & also to sattisfy and pay (if the said Judg-
ment bee affirmed) all and singular the Debts, damages and
Costs adjudged or to bee adjudged upon the former Judgment,
and all costs & damages to bee also awarded for the same
delaying of Execucon.
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 heyres, 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, 1684.]
Whereas By the Alteration of the Courts of Justice within this
Province Execution cannot be now awarded on the Judgment
obteyned in any of the said Courts, Be it Enacted by this
Generall Assembly and by the authority of the same that it shall
and may be lawfull for any one of the Judges of Oyer & Terminer
164
LAWS OF THE COLONY OF NEW YORK.
and Generall Goale delivery to award and signe Execution on
any Judgment obteined in the Court of Assises fformerly held and
kept, & For the President for the time being of any of the Courts
of sessions now by Law established to award and signe Execution
upon any Judgment obtayned in any of the fformer Courts of
sessions held and kept within the County in which the said
President hath now Jurisdiction, all which Execution shall be as
good and effectuall in Law to all 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 Custome or Usuage
to the Contrary hereof in any wise Notwithstanding; Provided
always that Execution hath not been before awarded or Issued
out on any of the said Judgm'ts and that, none of the s'd Execu-
tions shall be granted unless a writt of seire facias be ffirst Issued
out for the party to come in and then Cause why Execution should
not be awarded as aforesaid.
[CHAPTER 23.]
[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. The date of its passage, as October 27, 1684,
is given by E. B. O'Callaghan, in Hist. Int. to Journals of the Legislative
Council of New York, p. 13.]
A BILL for Cording of firewood.
[Passed, October 27, 1684.]
WHEREAS great abuses are made by them that make their pro-
fession to Sell firewood within this province Bee it Enacted by
the Governour Councell and Representatives in Generall
Assembly and by the authority of the Same that from and after
the first day of July next Ensueing the date hereof noe firewood
Shall be Exposed to Sale within this province But only Such as
Shall be Cutt after the manner of Cordwood, which Said Cord is
to containe Eight foot in Length four foot in breadth and four
foot in hight under the penalty of forfeiture of Such firewood
as shall be Exposed to Sale Contrary to the Tenure of this Act.
PROVIDED Always that it Shall and may be lawful for all
persons to Cutt and hew or cause to be Cutt and hewed all
manner of firewood either of a Longer or Shorter Size as before is
Exprest, provided the Same be for their owne use and spending
and not for sale, provided that the forfeiture of all wood shall
goe one third to the informer the other to the use of the County.
LAWS OF THE COLONY OF NEW YORK.
165
[CHAPTER 24.]
[Copied from the original in the office of the Secretary of State.]
·
A Bill for the More speedy and
better Collecting the Governor ffree
and Voluntary Present.
[Passed, October 27, 1684.]
Whereas severall of the Inhabitants of this Province have been
Backwards in the payment of their Rates due by an Act Enti-
tuled a Free and Voluntary present to the Governour and
whereas the said Act will expire on the twenty one day of
Aprill next ensuing by which means no legall way will be
left for the Collecting and Receiving the said arrears; Be it
Enacted by this Generall Assembly and by the authority of the
same that all Collectors who have been Impowered to receive
any of the said Moneys by Vertue of the said Act, who shall
not make due payment of the same according to the true Intent
and meaning of the said Act, before the said twenty one day
of Aprill next ensuing shall be lyable to be sued for such summe
or summes as they shall be in Arrears, and to make satisfac-
tion of the same out of his or their own proper Estates, and
also to pay Ten pounds Damage for every hundred pounds
which they shall be ffound in arrears, and Loose all the benefitt
acruing to them vertue of the said Act.
[CHAPTER 25.]
[Copied from the original in the office of the Secretary of State.]
An Act for the Encouragem❜t of Trade
and Navigation w'thin this Province
[Passed, October 27, 1684.]
For as much as oth'r his M'ties Plantations in America have
and doe dayly receive and reap great benefitt & advantage
by direct and Imediate Trade Traftique & Commerce to &
from his Ma'ties Realme of England & y't the Importation of
goods & merchandize of ye growth Produce & manufacture of
Eurrope into this province from oth'r parts and places hath
been & Is of great prejudice and Inconveniency to the Inhab-
itants thereof
Bee It Enacted by the Govern'r and Counc'll & Rep'sentatives
in Gene'all Assembly mett & assembled & by ye authority of
the same That from and aft'r the first day of November next
ensuing.
166
LAWS OF THE COLONY OF NEW YORK.
All goods wares and Merchandizes whatsoever of the growth
Produ'tt'n or Manufacture of Europe as shall be Imported into
this Province or Dependencey or any part thereof from any
oth'r Port or place whatsoev'r but shall be w'thin the said
Realme of England or oth'r his Ma'ties dominions in Eurrope
w'ch by Law may Trade to the plantations and fro' thence be
directly Transported to this Province shall pay to his Roy'll
Hig'e and his heirs or to such Person or p'rsons as by him
or them shall be appoyn'd to Coll'ct & Receive the Same. the
Sum of tenn pound cur'tt money for every hundred Pounds
Value thereof according to the Rates & prises of such Goods,
wares or merch'tdize at such place and tyme as they shall be
Imported and y't all goods wares and merch'tdize of the growth
produ❜tt'n or manufacture of Jemeca Bardadoes or any oth'r ye
Caribie Islands that from and aft'r the tyme afores'd shall
be Imported into this P'vince or Its dependencyes fro'any oth'r
port or place but directly from Jemeca Barbad's or some oth'r
the Caribie Islands the places of Its grow'h Produ'tt'n and manu-
facture Shall pay the like sum of Tenn £ for every Hundred
pounds Value thereof in maner as afores'd & for ye bett'r
Encouragem❜t of The navegation of this province: Bee it fur-
th'r Enacted by ye authority afores'd that all whale oyle
& whale bone & wheat as from and aft'r the S'd first day
of November shall be Shipped or Exported out of this province
or dependency or any port thereof for any oth'r port part or
place but directly for the Realme of England Jemeca Barbadoes
or Some oth❜r the Caribie Islands shall pay ye Like Sum of
10 £ for every 100 £ Value in man'r afores'd. according to the Value
where the same shall be Shipped and ye all and every Mast'r
of Ships or oth'r Vess'll that shall Intend to shipp or load
any of ye S'd oyle or whale bone & wheat on board any Shipp
or Vessell whatsoev'r to trancep't ye Same out of this province
Shall before his tak'n the Same on board give Bond to Such
Offic'r as shall be appoynted to Coll'ct and Receive his Roy'l
High'es Custom in Such port where the Same is to be Shipped
Or Loanden with sufficient security for double the Vallue of
the said Oyll and Whale Bone & Wheat to be shipped or
Loaden, That the same Shall be carryed and delivered att some
Port or Place within the said Realme of England Jamaico,
Barbados or some other ye Caribee Islands and att no other
Port or Place whatsoever and that they will produce a Cer-
tificate of such the Delivery att ye places aforesaid under the
hand of some publique officers within twelve months after the
said Bond given (the Dangers of the seas excepted) under ye
paines penaltyes and fforfeitures as in the Act made this present
LAWS OF THE COLONY OF NEW YORK.
167
session of the assembly ffor the Establishm't of Custum and
Excise for Defraying the Charge of the Governm't is particu-
larly mentioned and Expressed to be sued and Recovered as
therein is directed; Provided that nothing in this Act shall be
Construed or Intended to prejudice or lay any Imposition upon
ye Traders to and from Newfound Land, Westeren Islands, or
ye Madera-
(five or six lines torn off.)
Nor upon any Oyle Whalebone that shall be shipt off att the
Port of New Yorke any thing in this Act to the Contrary in
any wise notwithstanding And this Act to Remaine in fforce
during the Time of Eleven Years after the ffirst day of November
next ensuing and from thence untill the end of the next session
of the General Assembly;
[CHAPTER 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, 1684.]
Be it Enacted by this Generall Assembly and the authority
thereof That no shipp, Sloop or Boate or vessell what kind soever
shall Cast out any Ballast out of the said shipp Sloop or vessell
Into any River, Creeke, Roade, Harbour or Dock within this Pro-
viuce 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 the office of the Secretary of State.]
A Bill For an Annual salary to the
Judges of this Province.
[Passed, October 28, 1684.]
FORASMUCH as the speedy & easy administration of Justice
under the fforme and Method now Established for the Judges of
the Province to hear, try and determine all Actions & Causes
and give Reliefe therein to all sorts of persons in the severall
Countys and partes thereof without putting the suitors or
persons Concerned in any Action Cause or Controversy to the
trouble, Charge and Expense of Travailing out of their Countys
Justice being brought to their Doores and all parts and persons
partaking of the Ease and Beneffitt thereof is of Great proffitt
168
LAWS OF THE COLONY OF NEW YORK.
and very Commodious to the Inhabitants But not done & per-
formed without great trouble paines and Expense to the persons
appointed to be Judges who in all places have an allowance or
yearly Stipend out of thePublique towards maintaining Support-
ing and defraying the same, Be it Enacted by the Governour Coun-
cell and Representatives in Generall Assembly mett and Assem-
bled and by the authority of the same that from & after the first
day of November next Ensueing the Dates of those Presents Annu-
ally and every Yeare there shall be allowed & payed unto such
persons as now are or shall be appointed Judges of this 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 this sessions of Assembly Entitled an Act for
the Defraying of the Publique and Necessary Charge of each
respective Citty Towne & County throughout this Province or
by any other such Manner of Wayes or means as by the Consent
and agreement of the Major part of the Inhabitants of each
Respective County or Towne shall be thought ffitt & most con-
venient the summe of two hundred & two pounds tenn shillings
to be levied and payed in manner and proportion ffollowing That
is to say By the City and County of New Yorke Thirty ffive
Pounds, By the County of Westchester ffiveteen pounds, By the
County of Richmond ffiveteen pounds, By the County of Ulster
twenty ffive pounds, By the County of Albany twenty seaven
pounds tenn shillings, By Kings County twenty ffive pounds, By
Queens County twenty ffive pounds, By the County of Suffolke
thirty ffive pounds, And for the due and orderly payment of the
said Severall summs amounting to two hundred and two pounds
tenn shillings as aforesaid Be it ffurther Enacted by the
Authority 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 time being att
New Yorke in Current silver money on or before ye thirty first
Day of October without Abatement or Allowance for any Charge
Trouble or Expense whatsoever And the said Treasurer is to
Receive the Same and pay and deliver it to the said persons as
now are or shall be appointed to be Judges of this Province when
demanded without Charge and Allowance to no other person or
persons whatsoever, And Be it ffurther Enacted by the authority
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 them 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
he payement thereof & untill the whole summe shall be fully payed
and satisfyed such County or Countyes as are deffective therein
LAWS OF THE COLONY OF NEW YORK.
169
shall each and every of them fforfeit and pay for the uses of,the,said
Judges the ffurther summe of two shill's & Six penc per Diem
ffor such their default after the thirty first day of october
This Act to Continue for the space of three yeares from the first
day of November Nixt Ensueing the date of these presents 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 County 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 which will be very inconvenient Be
it Enacted by this Generall 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 November Annually and every yeare any Law to the Con-
trary hereof in any wise notwithstanding.
[CHAPTER 29.]
[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. The date of its passage, as October 29, 1684,
is given by E. B. O'Callaghan, 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
ancient inhabitants of this province Comonly called Dutch, to
use and Exercise the Methods of their owne nation, in Mort-
gages of Lands houses and Tenements which 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 Representatives mett in General Assembly and
by the authority of the same That all such Mortgages of Lands
houses and Tenements duely and Legally obteined and made
according to the former Customes of this province, before its
22
170
LAWS OF THE COLONY OF NEW YORK.
Restauration to his Maytie and Royal Highnesse shall be
deemed and adjudged in any of the Courts of Equity and Courts
of Record within this province as Effectuall in Law and Right
as if according to the methods and practice of England or the
Lawes now Established.
PROVIDED that all such mortgages shall be sued or renewed
within Eighteen months after the Date of these premisses Any
acts Custome or Usage to the Contrary notwithstanding.
[CHAPTER 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, 1684.]
WHEREAS there may Arise Differences between His Royall
Highness Collector and the merchants trafficquing to this
Province by the uncertainty of the first 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 Enacted by the Governor
Councell and Representatives in generall Assembly mett, and
by the Authority of the same that the Certain Duty of ten
per Cent Established by the said Act upon merchandizes Com-
monly Called Indian goods that shall be valued after the man-
ner hereafter specified, and not otherwise That is to say for
all Indian goods Called Indian Duffells P yard two shillings
and foure pence, Indian strouds, halfe a peice ffoure pounds,
the Whole eight pounds, Indian Blanckitts P peece ffoure pounds,
Indian plaines Cotton PYard one shilling and six pence, Indian
halfe shickes P yard one shilling and Tenn pence Indian White
Olembriggs the English Ells Eight pence, Indian Kittles the
hundred weight six pounds, Indian Hatchetts the Dozen twelve
shillings, Indian Hoes the Dozen 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, shott
P hundred fifteen shillings, and for all sorts. Indian Habber-
dashery & Woolen Stockings Hereafter mentioned, That is to
say Indian Drawing Knives, Indian Looking Glasses, Indian
Wooden Combs, Indian Beads, Tobacco In Roll, Indian Belts,
sissers, Juce Harpes, Indian Points, Drills, Tobacco pipes, Little
LAWS OF THE COLONY OF NEW YORK.
171
painted Boxes, Al, Sword blades, Coper Tobacco Boxes, Tinsie
Lace, Indian Gimpe lace, Neadles, Tobacco Tongs, Indian Powder
Hornes, Indian Woolen Stockings Indian Heales, the said summe
of tenn pounds P Cent to the value of prime Cost as is exprest
in the said Act; And In Respect there could not be. Convenient
time sufficient for the accomplishing & Ascertaining Rates for
other merchandises Imported into this Province this session
of Assembly by Reason of the approaching winter And Also
for the preventing of any ffraud that may be made to Diminish
the said Revenue, Be it Enacted by the Authority aforesaid,
that if any misunderstanding should arise between his Royall
Highness Collector and Merchants or others Traffiquing and
Importing any merchandises into this Province, about the value
of prime Cost as Established in said Act It shall and may be
Lawful for the Descision of such misunderstanding or Differ-
erce to appoint two indifferent persons, who shall value said
merchandises Imported According to the manner expressed in
said Act att prime Cost att which value so estimated, The said
merchant or Importer shall pay his duty, without further delay
or molestation, And Also in the said Act Intituled a continued
bill for the Defraying the necessary Charge, There Appears a great
Uncertainty upon what sort of merchandises the Like duty of
two P Cent shall be paid, For the further Clearing & explaining
the Intent of this Assembly It is hereby declared That it was
not the Meaning or Intent of this Assembly That any of the
Goods or Merchandises hereafter specified should pay any Duty
or Imposition That is to say Porke, Oyll, Tarr, Flax, Soap,
Candles, Cheese, Butter, Beef, Fish, Whalebone, Hopps, Apples,
Pears, Syder, Firewood, Planks, Boards, Peltry, Beavers, Sheeps
wool, Onyons, Dressed Dearskins, Tallow Hydes, salt, Honey,
Beeswax, Indian Corn, wheat, Barley Rye peesse, or any other
sort of Graine, of the Growth or production of our Neighbouring
Collonys vis't: Carolina, Virginia, Maryland, Pennsylvania, East
and West Jersey, Conneticut, Rhode 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 all Judgments and
proceedings in the former Courts, taking away
the Generall Court of Assizes.
[Passed, October 29, 1684.]
Bee itt Enacted, and itt is hereby enacted by the Governor
Councell and Representatives now assembled and by the
172
LAWS OF THE COLONY OF NEW YORK.
Authority of the same; Thatt 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, made, given, taken or done in any Court or Courts within
this Province of New Yorke, before the beginning of this present
Session of Assembly shall att any time hereafter upon any pre-
tence colour, or cause whatsoever bee brought into question
Examined altered or reversed by any other Court power, Juris-
diction or Authority whatsoever, nor any Execucon thereupon
had, made, given, done or suffered, butt all such Verdicts, Judg
ments, decrees, Sentences, probates of Wills or Letters of
Administracon, Writts, actings, orders proceedings and Execu-
cons thereupon, are hereby ratifyed and confirmed and to
remaine in full force and Vertue; Neither shall any Judge Justice
of the Peace, Magistrate Minister, Sheriff & any officers of the
Courts of Justice att any time or times hereafter be sued,
troubled, questioned molested or brought to answer before any
Court power Jurisdiction or Authority whatsoever for any matter
Cause or thing by him them or either of them att any time before
the beginning of this present Sessions of Assembly acted suffered
Committed or done by Vertue and in pursuance of their severall
and respective places offices and trusts, butt all the said Magis-
trates, Ministers, Sheriffs, & other Officers of Courts of Justice
shall be and are hereby for ever absolutely and fully acquitted
released endempnifyed and discharged therefrom: Provided
always thatt all such Verdicts, Judgments and decrees have been
where both partys have appeared and pleaded, or att least have
been legally summoned to make their Answers.
And forasmuch as the General Court of Assizes, heretofore
held annually in this Province is of great charge and Expence
to the same, and by reason of the Great number of the members
thereof nott so fitt & capable to heare and determine matters and
causes of Civil nature, usually brought to the said Court; Bee itt
enacted by the Authority of this Present Assembly; That the
said Court called the Generall Court of Assizes and all Jurisdic-
tion power and Authority belonging unto or used or exercised
in the said Court or by any the Judges, Ministers or Members
thereof, bee from the first day of November next ensuing clearly
& absolutely dissolved taken away and determined & that from
and after the said first day of November next ensuing, Neither
Judge Justice Member or Minister of the said Court whattsoever
shall have any power or Authority to heare Examine or deter-
mine any matter or thing whattsoever in the said court called
the Generall Court of Assizes or to pronounce or deliver any
Judgment, Sentence Order or decree or to do any Judicial or
Ministeriall act in the same Court: Provided always thatt all
LAWS OF THE COLONY OF NEW YORK.
173
actions suites or Complaints now depending in the said Court of
Assises either by Bill, plaint, Declaracon, appeale, review, by
Peticon to the Governor and Councell, or any other ways or
means whattsoever, shall bee ended determined and finished by
the High Court of Chancery.
SECOND GENERAL ASSEMBLY, HELD AT FORT JAMES IN
THE CITY OF NEW YORK.
First Session, October 20, 1685.
THOMAS DONGAN, GOVERNOR.
CHAPTER 1.
[Copied from the original in the office of the Secretary of State.]
A Bill against Sabbath breaking.
[Passed, November 3, 1685.]
fforasmuch as there is nothing more acceptable to God than
the true and Sincere service and Worshipp of him according to
his holy will And that the holy keeping of the Lords day is a
principall part of the true Service of God which in very many
places of this province hath been and now is p'fained and
neglected by unlawfull travelling or Journying upon the Day
aforesaid by shooting horsehunting and horseracing rideing on
steeds unnecessary hunting and tipling in Alehouses taverns &
other publick houses and other unlawfull Exercises and pastimes
alsoe Exercising wordly labour bussinesse or worke of Ordinary
Callings Except works of necessity and Charity or other Extra-
ordinary Occasions to be allowed by Some Justice of the peace
On the Lords day Bee it Enacted by the Governour Councell and
Rep'sentatives in Generall assembly mett and assembled and by
the authority of the 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 his absence of any towne
by Vieu Confession or proofe of one or more Sufficient witnesses
Every Such person soe offending 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
& Eight Pence for Every Such Offence the Same to be levyed 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 Alwayes
174
LAWS OF THE COLONY OF NEW YORK.
That noe person shall be prosecuted upon this Act unlesse within
tenne dayes Space after the Offence Comitted.
[CHAPTER 2.1
[Copied from the original in the office of the Secretary of State.]
A Bill against swearing and Cursing
[Passed, November 3, 1685.]
fforasmuch as all prophane swearing and Cursing is for-
bidden by the Word of God Bee it therefore Enacted by this
General Assembly and by the Authority thereof That if any
person or persons shall at any time hereafter profanely Swear
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 such Offence shall be Comitted or shall be thereof
Convicted 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 age 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 Refusal to pay the Same
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 for 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 Enacted
by the authority aforesaid that any person offending against
this Law by prophane Swearing or Curseing being under the
age of twelve yeares and shall be Convicted as aforesaid and
shall not forthwith pay the llke Sume of One shilling he or
she by Warrant of Such Justice of the peace or head Officer
shall Bee whipped by the Constable or by the parentior Master
in the p'sence of the Constable Every Offender against
this Law shall be Complained of and proved as aforesaid within
twenty 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 root
LAWS OF THE COLONY OF NEW YORK.
175
and foundation of many other Enormous Sinnes as bloodshed
stabbing murther swearing fornication Adultery and such like
to the Great Dishonour of God and of this province Bee it
therefore Enacted by the Governour Councell and Rep'senta-
tives in General Assembly mett and Assembled and by the
Authority of the Same that all and Every person and persons
who shall be drunke and of the same Offence of Drunkennesse
shall be Lawfully Convicted shall for Every Such Offence forfeit
and pay five shillings Cur't money of this province to be paid
within. One weeke & after his her or theirConviccon thereof to the
hands of the Constable of that towne Citty or Village Where
the Offence aforesaid shall be Committed for the use of the
poore of Such Said place such Conviccon to be made by the
Confession of the party or oath of one Credible Witnesse And
if the said person or persons so Convicted shall refuse or neg-
lect to pay the said forfeiture as aforesaid then the Same shall
be from time to time levyed of the Goods of Every Such person
or persons soe refusing or neglecting to pay the Same by War-
rant from any one or more Justices of the peace of the Said
Citty towne or Village before whom the said Conviccon shall
be And if the Offender or Offenders shall not be able to pay
the Said Sume of five shillings Then the Offender or Offenders
for Every such Offence shall be Comitted to the stocks for the
space of Six houres by the Constable of Such Citty towne or
Village.
[CHAPTER 4.]
[Copied from the original in the office of the Secretary of State.]
A Bill for Regulating the proceedings
of monethly Courts throughout the
Province.
[Passed, November 4, 1685.]
WHEREAS it is found inconvenient and very prejudiciall to
the inhabitants within this province. That their monthly Courts
have 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 Representatives in Generall asem-
bly conveened and the authority of the same That it shall be
Lawful for the said monthly Courts of the respective townes
within this province, to try and finally determine all actions
and cause of actions within the said respective townes, to the
Sume of five pounds current mony of this province or equiva-
lent thereunto and that they shall have the same power to
heare and determine every Such action in the absence of the
party Sumoned, As they are allowed in an act intituled (an
176
LAWS OF THE COLONY OF NEW YORK.
act to Settle Courts of Justice) for forty Shillings And that
it shall and may be Lawful for any person or persons to have
a Jury upon the request if the issue be for above forty Shillings
The which Jury shall bee paid by such persons, As shall hap-
pen to be Cast in said action.
AND bee it further Enacted by the authority aforesayd, That
it Shall not bee Lawfull for any Courts or Courts of Justice
within this province Superior to the said Monthly 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 Lawful for any one of the Com'rs of the Said monthly
Courts to issue out his Warrant to arrest any person or persons
who are not freeholders of their County for any Sume or Sumes
of money under the Sume of five pounds And for want of a
prison in any towne or townes That then 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 present Generall Assembly
And no longer.
[CHAPTER 5.]
[Copied from the original in the office of the Secretary of State.]
A Bill for ye removal of the Courts
of Sessions from Graves end unto Flatt
Bush.
[Passed, November 7, 1685.]
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 held 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 experience it hath been found very inconvenient to the
Inhabitants of Kings 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 Repre-
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 present Act be
wholly removed from ye sayd Towne of Gravesend, unto ye
Towne of Flatt Bush in ye aforesa'd County and the sayd Courts
1
LAWS 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 any former Act or Clause thereof
to the Contrary, in any wise Notwithstanding.
[CHAPTER 6.]
[Copied from the original in the office of the Secretary of State.]
A bill Concerning Swine.
[Passed, November 19, 1685.]
Whereas there was an act made By the Last Generall Assembly
Entituled an act to prevent damages done by Swine, Which by
reason of the Strickness thereof It hath been found very pre-
judiciall and of ill consequence to the Inhabitants of this province
And forasmuch as a Generall Law In this Kind May not be
equally Convenient to all places Bee it Enacted by the Governor
Councell and Representatives in Generall assembly mett and
assembled And by the authority thereof That the said act here-
tofore made Concerning Swine And Every clause thereof Shall
be from and after the first day of May next Ensueing Repealed
and utterly void and of non effect And bee It further Enacted
by the authority aforesaid That it Shall and may bee Lawfull
for the inhabitants of any towne or townes Within this province
By warrant under the hand and Seale of some one Justice of the
peace of the County within which the said towne doeth lye To
conveen and meet together soe often as occasion Shall requyre
And to consult of and make such Lawes and Ordinances Con-
cerning the Keeping and providing for Swine as to them Shall
Seem meett and Convenient PROVIDED always That non of the
said Lawes or Ordinances Bee Repugnant to the Laws of this
province PROVIDED also that two of the Justices of the peace of
ye said County Together with the Major part of the Inhabitants
of the said Towne doe consent And that all bee duly Summoned
to bee at the said towne meeting Where Such Lawes are made
as aforesaid
COMMISSION OF GOVERNOR DONGAN, 1686.
[A portion of the commission relating to the enactment of laws is
printed here and is copied from Doc. Rel. to Col. Hist., of N. Y., III,
p. 377. The original is in London, in New York Entries, I, 85-107.]
James the Second by the grace of God king of England,
Scotland, France and Ireland Defender of the ffaith &c To our
trusty and welbeloved Thomas Dongan Esqr Greeting.
#
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178
LAWS OF THE COLONY OF NEW YORK.
And wee doe hereby give and grant unto you full power and
Authority, with the advice and consent of our said Council or the
major part of them, to make, constitute and ordain Laws, Statutes
and Ordinances for the publick peace, welfare & good Govern-
ment of our said Province and of the people and inhabitants
thereof and such others as shall resort thereto, and for the
benefit of us, our heirs 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 that all 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 conveyance.
And wee doe by these presents 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 shall seem most equal and reasonable.
*
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*
Great Seale, dated 10 June 1686 in
ye second year of the King.
*
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INSTRUCTIONS TO GOVERNOR DONGAN, 1686.
[A portion of the instructions relating to the enactment of laws is
printed here 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, 108.]
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
29th day of May 1686 in ye second year of Our Reign.
With these our Instructions you will receive 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 that 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 COLONY OF NEW YORK.
179
2. At which meeting after having published in usual manner
Our said Letters Patents constituting you Our Captain Gen-
eral & Govr in Cheif of our said province & Territorys.
3. You shall take care yourself and alsoe administer to each
of ye members of ye Council as well the Oath of Allegiance,
as ye Oath for the due execution of their places and Trusts.
4. And you are to communicate unto said Council, from time
to time, such & soe many of our Instructions as you shall find
convenient for our service to bee imparted unto them.
5. And Our further will and pleasure is that the members
of our Council shall & may have & enjoy freedom of Debate
& Vote in all things to bee debated of in Council.
6. And altho, by our Comission aforesaid wee haue thought fit
to direct that any Three of our Counselors make a Quorum;
It is nevertheless Our will & pleasure that you doe not act
with a Quorum of less than Five Members unless in case of
necessity.
7. And that wee may bee always informed of the names of
persons fit to supply ye vacancys of Our Council in New York.
8. You are to transmit unto us & to ye Lords of our privy
Council appointed a Committee of Trade & fforeign Plantations,
with all convenient speed, the names and characters of six per-
sons Inhabitants of Our said Province and Territorys, whom
you shall esteem the best qualified for that Trust. And soe
from time to time when any of them shall dye, depart out of
our said Colony or become otherwise unfit, You are to supply
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 & qualitys of any
members by you put into Our said Council by ye first con-
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 & Sherifs, you are always to take care that they bee
men of estate and abilitys and not necessitous people or much
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 & fforeign 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 have been presented with a Bill or
Charter passed in ye late Assembly of New York, containing
several ffranchises, privileges & Immunitys mentioned to be
granted to the Inhabitants of our said province, You are to
Declare Our Will & pleasure that ye said Bill or Charter
of Franchises bee forthwith repealed & disallowed, as ye same
is hereby Repealed, determined & made void. But you are
nevertheless with our said Council to continue the Dutys &
Impositions therein mentioned to bee raised untill you shall
with the consent of the Council settle such 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 all other Laws,
Statutes & Ordinances already made within Our said Province.
of New York shall continue & bee in full force & vigor, soe far
forth as they doe not in any wise contradict impeach or derogate
from this Commission or the Orders & Instructions herewith
given you, till you shall, with the advice of our Council, pass
other Laws in our Name for the good government of our said
Province, which you are to doe with all convenient speed.
14. And you are to transmit authentick Copies under ye
Publick Seal, of all Laws, Statutes & Ordinances which 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
Duplicats thereof by the next conveyance upon Pain of our
Highest displeasure & of ye forfeiture of that year's Salary
wherein you shall at any time or upon any pretence whatsoever,
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 Heirs or Successors 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 Territorys for ye time being: Then
Such & soe many of them as shall be so disallowed & not
approved, shall from thence forth cease & become Void.
16. And you are to observe in the passing of Laws, that ye
Stile of Enacting the same By the Governor & Council, bee hence-
forth used and noe other.
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By His Majestys Command.
LAWS OF THE COLONY OF NEW YORK.
181
DONGAN CHARTER OF THE CITY OF NEW YORK, 1686.
[The Dongan Charter of the City of New York is in the office of the
Comptroller of the City of New York, and this copy has been compared
with the original. It is also recorded in the office of the Secretary of
State in Vol. 5 of Patents at p. 381. 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, begun 1684, from page 278 to 309.
J. Spragg, Sec'r.
May it please your Honor:
The Attorney Generall Hath perused this Pattent And finds nothing
Contained therein prejudiciall to his Majesty's Interest.
Examined,
Aprile 27, 1686.
J. A. Graham.
New Yorke, Nov'r 5th, 1713.
Rec'd of Mr. Samuel Bayard, the city Treasurer, twenty seven Beavers
skins in full for twenty seven years quit rent of ye within charter on ye
27th of April last as witness my hand.
I. Bycrley, Coll.
I Archibald Kennedy Esq. his Majestys Collector and Receiver general
of the province of New York do hereby acknowledge to have received of
Cornelius De Peyster Esq, Treasurer of the City of New York by order of
the Mayor Aldermen and Commonality of the Corporation within men-
tioned sixteen beaver skins in full for sixteen years quit rent of the
within Charter due and ending the twenty seventh day of April last past.
Witness my hand this eleventh day of December, Anno. Dom. 1729. I
say sixteen beaver skins for sixteen years quit rent.
Archibald Kennedy,
Receiver General.]
THOMAS DONGAN Leivt. Governour and Vice Admirall of
New Yorke and its Dependencyes under his Majesty James the
Second by the Grace of God of England, Scotland, ffrance &
Ireland King Defendor of the faith Supream Lord and Proprietor
of the Colony and Province of New Yorke, and its Dependencyes
in America &c To all to whom this shall come SENDETH
GREETING WHEREAS the Citty of New Yorke is an antient
Citty within the said Province And the Cittizens of the said
Citty have antiently been a Body Politique and Corporate and
the Cittizens of the said Citty have held used and Enjoyed as
well within the same as else where in the said Province Diverse
and Sundry Rights Libertyes Privilidges ffranchises ffree Cus
tomes Preheminences Advantages Jurisdiccons Emoluments and
Immunityes as well by prescripcon as by Charter Letters Pat-
tents, Grants and Confirmacons not only of Divers Governours
and Commanders in Cheife in the said Province butt alsoe of
Severall Governours Directors Generalls and Commanders in
Chiefe of the Neither Dutch Nation whilst the same was or has
beene under their Power and Subjeccon AND WHEREAS
Divers Lands Tennements and Heriditaments Jurisdiccons
Libertyes Immunityes and Privilidges have heretofore been
Given and Granted or menconed to be Given and Granted to the
182
LAWS OF THE COLONY OF NEW YORK.
Pub-
for
Cittizens and Inhabitants of the said Citty sometimes by the
name of Scout Burgomasters and Schepens of the Citty of New
Amsterdam and sometimes by the Name of the Mayor Aldermen
and Commonality of the Citty of New Yorke Sometimes by the
name of the Mayor, Aldermen and Sheriffe 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 Names as by their Sev-
erall Letters Pattents Charters Grants Writeings Records
and Immunityes amongst other things may more fully
Appeare AND WHEREAS the Cittizens and Inhabitants
of the said Citty have erected Built and Appropriated
at their owne Proper Costs and Charges several
lique Buildings Accomodations and Conveniences
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 Wharfes or Dock with their Appurtenances
and the New Burial place without the Gate of the Citty and
have Established and Settled one fferry from the said Citty of
New Yorke to Long Island for the Accomodacon and Con-
veniency of Passengers the said Cittizens and travelers AND
WHEREAS Severall the Inhabitants of the said Citty and of
Manhatons Island Doe hold from and under his most Sacred
Majesty Respectively as well by Severall and Respective Letters
Pattents Grants Charters and Conveyances made & Granted by
the late Leivtenants Governours or Commanders in Cheife of the
said Province as otherwise 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 hold Exercise and Enjoye not only
such and the same Libertyes Privilidges, ffranchizes, Rights,
Royaltyes, ffree Customes, Jurisdiccons and Immunityes as they
have Antiently had used held and Enjoyed butt alsoe such
Publique Buildings Accomodacons, Conveniencyes Messuages,
Tennements, Lands and Heriditaments in the said
as
}
Citty of New Yorke and upon Manhatans Island aforesaid, which
aforesaid have been by the Cittizens and Inhabitants
Erected and Built or which have' as aforesaid been held En-
joyed Granted and Conveyed unto them or any of them, respect-
ively KNOW 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 Considera cons
:
LAWS OF THE COLONY OF NEW YORK.
183
me thereunto moveing have Given Granted Rattified and Con-
firmed and by these Presents for and on the behalfe of his
most Sacred Majesty aforesaid. his Heires Successors and As-
signes Doe Give Grant Rattify and Confirme unto the said
Mayor Aldermen and Commonalty of the said Citty all and
every such and the same Libertyes Privilidges and ffranchizes
Rights Royaltyes, ffree Customes Jurisdiccons and Immunityes
which they by the Name of the Mayor Aldermen and Common-
alty or otherwise have Antiently had held used or Enjoyed
PROVIDED Alwayes that none of the said Libertyes Privilidges
ffranchizes Rights ffree Customes Jurisdiccons or Immunityes be
inconsistant with or Repugnant to the Laws of his Majestyes
Kingdome of England or any other the Laws of the Generall
Assembly of this Province and the aforesaid Publique Build-
ings Accommodacons and Conveniencyes in the said
Citty (that is to say) the aforesaid Citty Hall or State House
with the Ground thereunto belonging two Markett Houses the
Bridge into the Dock the wharfes or Dock the said New Buriall
Place and the aforemenconed fferry with their and every of
their Rights Members and Appurtenances together with all
the Proffitts Beneffitts and Advantages which shall and may
Accrue and Arrise att all times hereafter for Dockage or Wharf-
age within the said Dock with all and Singular the Rents
Issues Proffitts Gaines and Advantages which shall 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 them and also all and every the Streets Lanes High-
wayes & Alleys within the said Citty of New Yorke and Man-
hatans Island aforesaid for the Publique use and Service of
the said Mayor Aldermen and Comonalty of the said Citty
and of the Inhabitants of Manhatans Island aforesaid and
travellers there togather with full Power Lycence and Author-
ity to the said Mayor Aldermen and Comonalty and their Suc-
cessors forever to Establish Appoint order and Direct the Es-
tablishing makeing Laying out Ordering Amending & Repaire-
ing of all Streets Lanes Allyes Highwayes Water Courses fferry
and Bridges in and through out the said Citty of New Yorke
and Manhatans Island aforesaid Necessary Needfull and Con-
venient for the Inhabitants of the said Citty and Manhatans
Island aforesaid and for all Travellers and Passengers there
PROVIDED alwayes that this said Lycence soe as above Granted
for the Establisheing makeing and Layeing out of Streets Lanes
Alleys Highwayes fferry and Bridges be not Extended or be
Construed to extend to the takeing Away of any Person or
4.
184
LAWS OF THE COLONY OF NEW YORK.
p
Persons Right or Property without his her or their Consent or
by some knowne Law of the said Province AND for the Con-
sideracons aforesaid I Doe Likewise Give Grant Rattifie and
Confirme unto all and Every the Respective Inhabitants of the
said Citty of New Yorke and of Manhatans Island aforesaid
and their Severall and Respective Heires and Assignes all
and every the Severall & Respective Messuages Tennements
Lands and Hereditaments Scituate Lyeing and being in the said
Citty and Manhatans Island aforesaid to them Severally &
Respectively Granted Conveyed and Confirmed by any the late
Governours Leiutenants or Commanders in cheife of the said
Province or by any of the former Mayors or Deputy Mayors.
and Aldermen of the said Citty of N: York by Deed Grant
Conveyance or otherwise howsoever to hold to their Severall
and Respective Heires and Assignes forever. AND I Doe by
these p'sents Give and Grant unto the said Mayor Aldermen
and Comonalty of the said Citty of New Yorke all the wast
Vacant unpattented and Unappropriated Lands Lyeing and
being within the said Citty of New Yorke and on Manhatans
Island aforesaid Extending and Reaching to the Low Water
marke in by and through all Parts of the said Citty of New
Yorke and Manhatans Island aforesaid togather with all Rivers
Rivoletts Coves Creekes Ponds Waters and Water Courses in
the said Citty and Island or either of them not heretofore
Given or Granted by any of the former Govern's Leivetenants
or Commanders in Cheife under their or some of their Hands
and Seales or Seale of the Province or by any of the former
Mayors or Deputye Mayors and Aldermen of the said Citty
of New Yorke to some Respective Person or Persons late In-
habitants of the said Citty of New Yorke or Manhatans Islands
or of other Partes of the said Province AND I Doe by these
p'sents Give Grant and Confirme unto the said Mayor Aldermen
and Comonalty of the said Citty of New Yorke and their Suc-
cessors forever the Royaltyes of Fishing Fowleing, Hunting,
Hawkeing Mineralls and other Royalties and Privilidges belong-
ing or Appurtaineing to the Citty of New Yorke and Manhatans
Island aforesaid (Gold and Silver Mines only excepted) TO have
hold and Enjoye all and Singular the Premissess to the said
Mayor Aldermen and Commonalty of the said Citty of New
Yorke and their Successors for ever RENDRING and Paying
therefore unto his Most Sacred Majesty his Heires Suc-
cessors and Assignes or to such Officer or Officers as shall
be Appointed to Receive the Same Yearly forever hereafter
the Annuall Quitt Rent or Acknowledgment of one Bever skin
or the Value thereof in Currant Mony of this Province in the
་
LAWS OF THE COLONY OF NEW YORK.
185
1
said Citty of New Yorke on the five and twentith day of March
Yearly forever AND Moreover I will and by these Presents
Doe Grant Appoint & Declare that the said Citty of New Yorke
and the Compasse Precincts and Limittes thereof and the Juris-
diccon of the same, shall from henceforth extend and Reach
it selfe and may and shall be able to Reach forth and Extend
it selfe as well in Length and in Breadth as in Circuite to
the furthest extent of and in and throughout all the said
Island Manhatans and in and upon all the Rivers Rivoletts
Coves Creeks Waters and Water Courses belonging to the
same 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 firmly enjoyne and Command that the
aforesaid Mayor Aldermen and Comonalty of the Citty aforesaid
and their Successors shall and may freely and Quietly have
hold use and Enjoy the aforesaid Libertyes Authorityes Juris-
diccons ffranchises Rights Royaltyes Privilidges Exempcons
Lands Tenements Heriditaments and Premissess aforesaid in
manner and forme aforesaid According to the Tenour and effect
of the aforesaid Grants Pattents Customes and Letters Pattents
of Grant and Confirmacon without the Let Hindrance or
Impedimt of me or any of my Successors Governours Leivts
or other Officers whatsoever AND also I Doe for and on
the behalfe of his most Sacred Majesty aforesaid his Heires
and Successors Grant to the Mayor Aldermen and Comonalty
of the said Citty of New Yorke and their Successors by
these presents that for the better 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 Aldermen and six Assistants to be Appointed Nomi-
nated Elected Chosen and Sworne as hereinafter is particularly
and Respectively menconed who shall be forever hereafter Called
the Mayor Aldermen and Commonaltye of the City of New
Yorke and that their shall be forever one Chamberlaine or Treas-
urer one Sherriffe one Coroner one Clerke of the Markett one
High Constable seven Sub constables and one Marshall or
Serjant at Mace to be Appointed Chosen and Sworne in manner
hereinafter menconed AND I Doe by these Presents for and on
the behalfe of his Most Sacred Majesty aforesaid his Heires
Successors and Assignes Declare Constitute Grant and Appointe
that the Mayor Recorder Aldermen and Assistants of the said
Citty of New Yorke for the time being and they which hereafter
shall be the Mayor Recorder and Aldermen 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
24
186
LAWS OF THE COLONY OF NEW YORK.
Presents one Body Corporate and Politique in Deed fact and
name by the Name of the Mayor Aldermen and Commonalty of
the Citty of New Yorke And them by the Name of the Mayor
Aldermen And Comonaltye of the Citty of New Yorke one Body
Corporate & Pollitique in Deed fact and name I Doe Really and
fully Create Ordaine make Constitute and Confirme by these
Presents And that by the name of the Mayor Aldermen and
Comonalty of the Citty of New Yorke they may have Perpetuall
Succession and that they and their Successors forever by the
name of the Mayor Aldermen and Comonaltye of the Citty of
New Yorke be and shall be forever hereafter Persons able and
in Law Capable to have Gett Receive and Possesse Lands Tenne-
ments Rents Libertyes Jurisdiccons ffranchises and Heredita-
ments to them and their Successors in fee simple of for terme of
life lives or yeares or otherwise and also Goods & Chattles and
also other things of what Nature kind or Quality soever and also
to Give Giant Lett sett and assigne the same Lands Tenements
Heridataments Goods and Chattles and to Doe and Execute all
other things about the same by the Name aforesaid And also
that they be & forever shall bee hereafter Persons Able in Law
Capable to Plead and be impleaded answer & bee answered
unto Defend and be Defended in all or any the Courts of his
said Majestye & other Places whatsoever and before any Judges.
Justices and other Person or Persons whatsoever in all and all
manner of Accons Suites Complaints Demands Pleas Causes and
matters whatsoever of what Nature kind or Quality soever in
the same and in the Like Manner and forme as other People of
the said Province being Persons able and in Law Capable may
Plead and be impleaded answer and be answered unto Defend
and be Defended by any Lawful wayes and meanes
whatsoever AND that the said Mayor Aldermen and Comonalty
of the said Citty of New Yorke and their Successo's shall and
may for ever hereafter have one Comon Seale to Serve for the
Sealing of all and Singular their Affaires and Buisnesses touch-
ing or Concerning the said Corporacon AND it shall and may be
Lawfull to and for the said Mayor Aldermen and Comonaltye of
the said Citty of New Yorke and their Successors as they shall
see Cause to breake Change Alter and new make their said
Comon Seale when and as often as to them it shall seem Con-
venient AND further KNOW YEE that I have Assigned Named
Ordained and Constituted and by these Presents Doe Assigne
Name Ordaine and Constitute Nicholas Bayard now Mayor of the
said Citty of New Yorke to be Present Mayor of the said Citty
and that the said Nicholas Bayard shall Remaine and Continue
in the Office of Mayor theire untill another fitt Person shall be
Appointed and Sworne in the said Office According to
LAWS OF THE COLONY OF NEW YORK.
187
:
the usage and Custome of the said Citty and as in
and by these Presents is hereafter menconed and Directed
AND I have Assigned Named Ordeined and Con-
stituted and by these Presents Doe Assigne Name Ordaine
and Constitute Create and Declare James Graham Esqr to be
the Present Recorder of the said Citty to Doe and Execute
all things which unto the Office of Recorder of the said Citty
doth or may any wayes Appertaine or belong AND I have
Assigned Named Ordained and Constituted and by these Pres-
ents Doe Assigne Name Ordaine Constitute Create & Declare
John West Esqr Towne Clerke of the said Citty to Doe and
Execute all things which unto the Office of a Towne Clerke
may any wayes Appertaine or belong AND I have Named
Assigned Constituted and made and by these Presents Doe
Assigne name Constitute and make Andrew Bowne, John Robin-
son William Beakeman John Delavall, Abraham Depeister and
Johannes Kipp, Cittizens and Inhabitants of the said Citty of
New Yorke to be the present Aldermen of the said Citty AND
also I have Made Assigned named and Constituted and by these
Presents Doe Assigne Name Constitute and make Nicholas
Demeyer, Johannes VanBrugh John DeBruyne, Teunisse Decay,
Abraham Corbett, and Wolfert Webber Cittizens & Inhabitants
of the said Citty to be the Present Assistants of the said Citty
AND also I have Assigned Chosen Named and Constituted
and by these Presents Doe Assigne Choose name and Constitute
Peter Delancy Cittizen and Inhabitant of the said Citty to be
the Present Chamberlaine or Treasurer of the said Citty afors'd
AND I have Assigned Named Constituted and Appointed and
by these Presents Doe Assigne Name Constitute and Appoint
Jatu Knight Esqr one other of the said Cittizens there to
be present Sherriffe of the said Citty AND I have Assigned
Named Constituted and Appointed and by these Presents Doe
Assigne Name Constitute and Appoint Jarvis Marshall one
other of the said Cittizens there to be the Present Marshall
of the said Citty AND I Doe by these Presents Grant to the
said Mayor Aldermen and Comonalty of the said Citty of New
Yorke and their Successors that the Mayor Recorder Aldermen
and Assistants of the said Citty for the time being or the
Mayor Recorder and any three or more of the Aldermen and
any three or more of the Assistants for the time being be
and shall be Called the Comon Councell of the said Citty And
that they or the Greater Parte of them shall or may have full
Power and Authority by Virtue of these Presents 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 occasion
188
LAWS OF THE COLONY OF NEW YORK.
、
shall be to make Laws Orders Ordinances and Constitutions in
Writeing and to add Alter Diminish or Reforme them from
time to time as to them shall seem Necessary and Convenient
(not Repugnant to the Perrogative of his most Sacred Majesty
aforesaid his Heires & Successors or to any the Laws of the
Kingdome of England or other the Laws of the Generall Assem-
bly of the Province of New Yorke for the Good Rule Oversight
Correction and Govermt of the said Citty and Libertyes of the
same & of all the Officers thereof, And for the Severall Trads-
men Victuallers Artificers and of all other the People and
Inhabitants of the said Citty Libertyes and Precincts aforesaid
and for the better Preservacon of Govermt and Disposal of
all the Lands Tennements and Hereditaments Goods and Chattles
of the said Corporacon which Laws Orders Ordinances and
Constitutions shall be Binding to all the Inhabitants of the
said Citty Libertyes and Precincts aforesd and which Laws
Orders Ordinances and Constitutions soe by them made as afore-
said shall be and Remaine in force for the space of three Months
and noe longer Unlesse they shall be Allowed of and Con-
firmed by the Governor and Councell for the time being AND
I doe further on the behalfe of his Sacred Majesty aforesaid
his Heires and Successors Appoint & Grant that the said Comon
Councell of the said Citty for the time being as often as
they make Ordaine and Establish such Laws Orders Ordinances
and Constitucons as aforesaid shall or may make Ordaine Limitte
Provide sett impose and Tax Reason able fines and Amerciaments
Against and upon all Persons Offending Against such Laws
Orders Ordinances and Constituccons as aforesaid or any of
them to be made Ordeined and Established as aforesaid and the
same fines and Amerciaments shall and may require Demand
Levy take and Receive by Warrants under the Comon Seale to
and for the use and behoofe of the Mayor Aldermen and Com-
monalty of the said Citty and their Successors either by Distresse
and Sale of the Goods and Chattles of the Offender therein if
such Goods and Chattles may be found within the said Citty
Libertyes and Precincts thereof Rendring to such Offendor and
Offenders the overplus or by any other Lawfull wayes or meanes
whatsoever AND I Doe by these Presents appoint and Ordeine
the Assigneing Nameing and Appointment of the Mayor and
Sherriffe of the said Citty that it shall bee as followeth (vizt)
upon the feast day of St. Michael the Archangell Yearly the
Leivetenant Governour or Commander in Chiefe for the time
being by and with the Advice of his Councell shall Nominate and
Appointe such Person as he shall thinke fitte to be Mayor of the
said Citty for the Yeare next ensueing and one other Person of
LAWS OF THE COLONY OF NEW YORK.
189
Sufficient Ability in Estate and of Good Capacity in Under-
standing to be Sherriffe of the said Citty of New Yorke for the
Yeare next Ensueing AND that such Person as shall be Named
Assigned and Appointed Mayor and such Person as shall be
Named Assigned and Appointed Sherriffe of the said Citty as
aforesaid shall on the fouertenth Day of October then next
following take their Severall and Respective Corporall Oaths
before the Governour and Councell for the time being for the
Due execucon of their Respective Offices as aforesaid and that
'the said Mayor and Sherriffe soe to be Nominated Assigned &
Appointed as aforesaid shall Remaine and Continue in their
said Respective Offices untill another fitt Person shall be Nomi-
nated Appointed and Sworne in the Place of Mayor and one other
Person Shall be Nominated and Appointed in the Place
of Sherriffe of the said Citty in Manner aforesaid AND further
that According to the now Usage and Custome of the said Citty
the Recorder Towne Clerke and Clerke of the Markett of ye. s'd
City shal be psons of Good Capacity & Understanding & such
psons as his 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 appointment and Commissionateing by his most Sacred
Majesty aforesaid his Heires and Successors to be such Person as
the Leivt. Governour or Commander in Cheife of the said Province
for the time being shall appointe and Commissionate which
Persons soe Commissionated to the said Offices of Recorder
Towne Clerke and Clerke of the Markett shall have hold and
enjoye the said Offices According to the Tenour and effect of their
said Commissions and not otherwise AND further that the
Recorder Towne Clerk Clerke of the Markett Aldermen Assist-
ants, Chamberlain High Constable Petty Constables and all other
Officers of the said Citty before they or any of them shall be
admitted to enter upon and execute their Respective Office shall
be Sworne faithfully to execute the Same before the Mayor or
any three or more of the Aldermen for the time being AND I
Doe by these Presents for and on the behalfe of his Most Sacred
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
Accordingly AND further I doe by these Presents Grant for
and on the behalfe of his most Sacred Majesty afore-
said his Heires and Successors that the Mayor and Recorder
of the said Citty for the time being and three or more of the
Aldermen of the said Citty not exceeding five shall be Justices.
and keepers of the Peace of his most Sacred Majesty his Heires
190
LAWS OF THE COLONY OF NEW YORK.
and Successors and Justices to heare & Determine Matters and
Causes within the said Citty and Libertyes and Precincts thereof
AND that they or any three or more of them whereof the
Mayor & Recorder or one of them for the time being to be
there shall and may forever hereafter have Power and Authority
by Virtue of these Presents to hear and Determine all and all
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 which Arrise
or happen and any wayes belong to the Office of Justice of the
Peace and the Correccon and Punishment of the Offences afore-
said and every of them according to the Laws of England
and the Laws of the said Province and to Doe and Execute
all other things 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 Presents for and on the behalfe of his
Most Sacred Majesty aforesaid his Heires and Successors Ap-
point that the Aldermen Assistants High Constable and Petty
Constables within the said Citty be Yearly Chosen on the feast
Day of St. Michael the Archangell for ever (vizt) one Alderman
one Assistant and one Constable for each Respective ward and
one Constable for each Division in the out Ward in such Pub-
lique Place in the said Respective Wards 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 Voices of the Inhabitants of each ward
and that the High 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 three 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 Presents Constitute and Appoint the said
John West to` be the Present 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 further I Doe by these Presents 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 all other Subordinate Officers in
the said Citty for the time being and every of them Respectively
LAWS OF THE COLONY OF NEW YORK.
191
jointly and Severally as Cause shall require shall attend upon
the said Mayor Recorder and Aldermen of the said 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 Comands, Precepts Warrants and Processe of them
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 all and every Person
and Persons for high Treason or Petty Treason or for Suspicion
thereof or for other fellonyes whatsoever and all Malefactors
and Disturbers of the Peace and others Offenders for other
Misdemeanors who shall be Apprehended 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 such Offender
and Offenders shall Lawfully delivered thence AND I Doe by
these Presents 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 Receive take and in Safe
Custody to keepe all and Singular such Person and Persons
soe Apprehended or to be Apprehended sent & Committed to
the said Goale by Warrant of the said Justices or any of them as
aforesaid untill he and they soe Sent and Comitted to the said
Goale shall from thence be Delivered by Due Course of Law AND
further I Doe Grant and Confirme for and on the behalfe of his
most Sacred Majesty 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 Predecessors the Severall
Leivtenants Governours and Commander's in Cheife of this
Province shall have Power and Authority to give and Grant
Lycences Annually under the Publique Seale of the said Citty to
all Tavern keepers Inkeepers Ordinary keepers Victuallers and
all 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 Receive for
such Lycence by him to be Given and Granted as afores'd such
Sume or Sumes of Mony as he and the Person to whom such
Lycence shall be Given or Granted shall agree for not exceeding
the Sume of thirty Shillings for each Lycence ALL which Mony
192
LAWS OF THE COLONY OF NEW YORK.
as by the said Mayor shall be Soe Received shall be used and
Applyed to the Publique use of the said Mayor Aldermen and
Commonalty of the said Citty of New Yorke and their Successors
without any Account thereof to be Rendred made or Done to any
of the Leivtenants or Governours of this Province for the time
being or any of their Deputyes AND know yee that I for the
better Government of the said Citty and for the wellfare of the
said Cittizens Tradesmen and Inhabitants thereof Doe by these
Presents for and on the behalfe of his most Sacred Majesty his
Heires and Successors Give and Grant to the said Mayor Alder-
men and Comonalty of the said Citty and their Successors that
the Mayor Recorder and Aldermen or the Mayor and any three or
more of the Aldermen for the time being shall from time to time
and att all times hereafter have full Power and Authority under
the Comon Seale to make ffree Cittizens of the said Citty and
Libertyes thereof and noe Person or Persons whatsoever other
then such ffree Cittizens shall hereafter use any art trade Mistory
or Mannuall Occupacon within the said Citty Libertyes and
Precincts thereof Saveing in the times of faires there to be
kept and Dureing the Continuance of such faires only AND in
case any Person or Persons whatsoever not being ffree Cittizens
of the said Citty as aforesaid shall att any time hereafter use or
Exercise any Art Trade Mistory or Mannuall occupacon or shall
by himselfe themselves or others sell or expose to sale any
Manner of Merchandize or Wares whatsoever by Retaile in any
House Shopp or Place or Standing within the said Citty or the
Libertyes or Precincts thereof noe fair being then kept in the
said Citty and shall presist therein after warning to him or them
Given or left by the Appointmt of the Mayor of the said
Citty for the time being at the Place or Places where
such Persons or Persons shall soe use or Exercise any Art
Trade Mistory or Mannuall occupacon or shall Sell or
expose to Sale any Wares or Marchandizes as aforesaid by
Rețaile then it shall be Lawfull for the Mayor of the said Citty
for the time being to Cause such Shopp Windows to be Shutt
up and also to impose such Reasonable fine for such Offence
not Exceeding five Pounds for every Respective Offence and
the same fine and fines so imposed to Levy and take by War-
rant 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 soe Offending in the Premissess found within
the Libertyes or Precincts of the said Citty Rendring to the
Party or Partyes the overplus or by any other Lawful wayes
or meanes whatsoever to the only use of the said Mayor Alder-
men and Comonalty of the said Citty of New Yorke and their
LAWS OF THE COLONY OF NEW YORK.
193
Successors without any Account to be Rendred made or Done
to the Leivtenants Governours or Command's in Cheife of this
Province for the same PROVIDED that noe Person or Persons
shall be made free as aforesaid butt such as are his Majestys
Naturall Borne Subjects or such as shall first be Naturalized
by Act of Generall Assembly or shall have obtained Letters of
Denization under the hand of the Leivtenant Governour or Com-
mander in Cheife for the time being and Seale of the Province
AND that all Persons to be made free as aforesaid shall and
Doe pay for the Publique use of the said Mayor Aldermen and
Comonalty of the sd Citty such Sume & Sumes of Mony as here
tofore hath been used and Accustomed to be paid and Received
on their being Admitted ffreemen as aforesaid Provided it is
not Exceeding the sume of five Pounds AND further I Doe by
these Presents for and on the behalfe of his most Sacred
Majesty aforesaid his Heires and Successors Grant to the Mayor
Aldermen and Comonalty of the said Citty that they and their
Successors be forever Persons able and Capable and shall have
Power to purchase have take and Possesse in ffee Simple Lands
Tennemts Rents and other Possessions wthin or without the
same Citty to them 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 Notwithstanding and the same Lands Tennements
Hereditaments and Premissess or any Parte thereof to Demise
Grant Lease Settover Assigne and Dispose at their owne Will
and Pleasure and to make Seale 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 Presents for and on the behalfe of his most Sacred
Majesty aforesaid his Heires and Successors Grant to the said
Mayor Aldermen and Comonalty that 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 alsoe I Doe by these Presents 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 times hereafter when it to them
shall seem fitt & Convenient take in fill and make up and Lay out
all and Singular the Land and Ground in and about the said
25
194
LAWS OF THE COLONY OF NEW YORK.
Citty and Island Manhatans and the same to Build upon or
make use of in any other manner or way as to them shall seem
fitt as farr into the Rivers thereof and that Encompasse the
same as Low Water marke aforesaid AND I Doe by these
Presents for and on the behalfe of his most Sacred Majesty
aforesaid his Heires & Successors Give and Grant unto the
aforesd & Mayor Aldermen and Comonalty of the said Citty
of New Yorke and their Successors that they and their Suc-
cessors shall and may have 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
all Accons of Debt Tresspasse Tresspasse upon the Case Detinue
Ejectments and other Personall Accons and the same to be
held before the Mayor Recorder and Aldermen or any three
of them whereof the Mayor or Recorder to be one who shall
have Power to hear and Determine the same Pleas and Accons
According to the Rules of the Comon Law Acts of Generall
Assembly of the said Province AND I Doe by these Presents
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 have & Enjoye all the
Privilidges ffranchizes and Powers that they have 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
have had by Reason or under pretence of any former Charter
Grant Prescription or any other Right Custome or usage
although the same have been forfeit or Lost or have been ill
used or not used or Abused or Discontinued Albeit they be
not Perticularly menconed and that noe Officer shall Disturb
them therein under any Pretence whatsoever not only for their
future but their Present Enjoyment thereof PROVIDED alwayes
that the said Privilidges ffranchises and Powers be not incon-
sistant with or Repugnant to the Laws of his Matis Kingdom
of England or other the Laws of the General Assembly of
this Province as aforesaid and Saveing to his most Sacred
Majesty aforesaid his Heires Successors and Assignes and the
Leivts Governours and Commanders in Cheife and other officers
under him and them in ffortt JAMES in or by the Citty of
New Yorke and in all the Libertyes Boundaryes Extents Privi-
lidges thereof for the Maintenance of the said ffortt and Gar-
rison there all the Right use title and Authority which they or
any of them have had used or Exercised there and also one
Messuage or tennemt next the Citty Hall and one Messuage
LAWS OF THE COLONY OF NEW YORK.
195
by the ffortt now in the Possession of Thomas Coker Gent the
Peice of Ground by the Gate Called the Governo's Garden
and the Land without the Gate Called the Kings ffarme with
the Swamp next to the same Land by the ffresh water and
Saveing the Severall Rents and Quitt Rents Reserved Due and
Payable from Severall Persons inhabiting within the said Citty
and Island Manhatans by Virtue of former Grants to them
made and Given and Saveing to all other Persons Bodyes
Pollitique and Corporate their Heires Successo's and Assignes
all such Right Title and Claime Possessions Rents Services
Comons Emoluments Interest in and to any thing which is
theires (save only the ffranchizes aforesaid) in as ample manner
as if this Charter had not been made AND further I Doe Appoint
and Declare that the Incorporacon 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 Goods or Chattles thereof or in the Hands Custody
Possession of any the Cittizens of the said Citty such as have
been Sett lett Given Granted or Collected 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 all Acts and Contrivances
to be invented or Putt in use Contrary thereunto IN WITNESSE
whereof I have Caused these Presents to be Entred in the Secre-
tarys Office and the Seale of the said Province to be hereunto
Affixed this Seaven & twentyth Day of Aprill in the Second
yeare of the Reigne of his most Sacred Majesty aforesaid and
in the Yeare of our Lord God one thousand six hundred and
Eighty Six
Thomas Dongan.
DONGAN CHARTER OF THE CITY OF ALBANY, 1686.
[Copied from the record thereof in Vol. 5 of Patents, in the office of
the Secretary of State.]
THOMAS DONGAN Lievt. and Governour of the Province of
New Yorke and Dependencyes in America under his most Sacred
Majesty JAMES the Second by the Grace of God of England,
Scottland, ffrance and Ireland King Defender of the faith &c and
Supream Lord and Proprietor of the said Province of New York
and its Dependencyes TO all Persons to whom these Presents
shall or may come or in any wise Concerne SENDETH GREET-
ING WHERAS the Towne of Albany is an Antient Towne within
196
LAWS OF THE COLONY OF NEW YORK.
the said Province and the Inhabitants of the said Towne have
held used and enjoyed as well within the same as else where
within the said Province Diverse and Sundry Rights Libertyes
Privilidges, ffranchizes, ffree Customes, Preheminencyes
Advantages Jurisdiccons Emoluments and Immunityes as well
by prescription as by Grants Confirmacons and Proclamacons
not only by Diverse Governours and Commanders in Cheife in
the said Province under his said Majesty but also of Severall
Governours Generalls and Commanders in Cheife of the neither
Dutch Nation whilst the same was or has been under their Power
and Subjeccon AND whereas Divers Lands Tenements and
Hereditaments Jurisdiccons Libertyes Immunityes and
Privilidges have heretofore been Given and Granted to the
Inhabitants of the said Towne some times by the Name of
Commissaryes of the Towne of Beverwyck Sometimes by the
Name of the Commissaryes of the Towne of Albany Sometimes
by the Name of Schepenon of Willem Stadt and Sometimes by
the Name of Justices of the Peace for the Towne of Albany and
by Divers other Names as by their Severall Grants Writings
Records and Minnuements. Amongst other things may more
fully Appeare AND whereas the Inhabitants of the said Towne
have erected Built and Appropriated at their owne Proper Costs
and Charges Severall Publick Buildings Accomoda cons and Con-
veinencyes for the said Towne as also Certaine Peeces of Parcells
of Ground for the use of the same (that is to say) the Towne
Hall or Stadt House with the ground thereunto belonging the
Church or meeting Place with the Ground about the same the
Buryall Place Adjoyneing to the Pallisadoes att the South East
end of the Towne the Watch House and Ground thereto belong-
ing a Certaine Peece or Parcell of Land Comonly Called or
Knowne by the Name of the Pasture Scituate Lyeing & being to
the Southward of the said Towne neare the Place where the old
ffort stood and Extending Alongst Hudsons River till it comes
over Against the most Northerly Pointe of the Island Comonly
called Martin Garetsons Island haveing to the East Hudsons
River to the South the Manor of Renslaerswick to the West the
Highway Leading to the Towne the Pasture late in the Tenure
and Occupacon of Martin Garetson and the Pasture late in the
tenure and Occupacon of Casper Jacobs to the North the Severall
Pastures late in the tenures and Occupaccons of Robert Sanders,
Mindart Harmanse and Evert Wandall and the Severall Gardens
late in the tenures and Occupacons of Dirick Wessells, Killian
Van Ranslaer and Abraham States with their and every of their
Appurtennces and also have Established and Settled one fferry
from the said Towne to Greenbush Scituate on the other side of
Hudsons River for the Accomodacon and Conveniency of
LAWS OF THE COLONY OF NEW YORK.
197
Passengers the said Cittizens and Travillers AND whereas
Severall the Inhabitants of the said Towne Doe hold from and
under his most Sacred Majesty Respectively as well by Severall
and Respective Pattents, Grants and Conveyances made &
Granted by the late Governours and Commanders in Cheife of the
said Province as otherwise Severall and Respective Messauges,
Lands Tennements and Heriditaments in the Towne of Albany
aforesaid AND that the said Inhabitants of the said Towne of
Albany and their Heires and Assignes Respectively may hold
Exercise and Enjoye not only such and the same Libertyes
Privilidges, ffranchizes, Rights, Royaltyes ffree Customes,
Jurisdiccons and Immunityes as they Antiently have
had held used and enjoyed but also such Publick
Buildings Accommodacons, Conveniencys, Messuages, Lands,
Tenements and Hereditaments in the said Towne of Albany
which as aforesaid have been by the Inhabitants Erected and
Built or which have as aforesaid been held enjoyed Granted &
Conveyed unto them or any of them Respectively KNOW YEE
therefore that I the said Thomas Dongan by Virtue 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 HAVE given Granted Rattified
and Confirmed and by these Presents 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 Name or Names
of the Mayor Aldermen and Comonalty of the Citty of Albany
ALL and every such and the same Libertyes Privilidges,
ffranchizes Rights Royalties ffree Customes Jurisdiccons and
Immunityes which they have Antiently had held and enjoyed
PROVIDED alwayes that none of the said Libertyes Privilidges,
ffranchizes, Rights, ffree Customes, Jurisdiccons or Immunityes
bee Inconsistent with or Repugnant 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) the said Towne Hall or Stadt House with
the Ground thereunto belonging the said Church or Meeting
Place with the Ground about the same the said Burying Place
the said Watch House and Ground thereto belonging the sd
Pasture and the aforemenconed fferry with their and every of
their Rights Members, and Appurtennces together with all the
Proffitts beneffitts and Advantages that shall or may Accrew or
rise att all tymes hereafter for Anchorage or Wharfage in the
}
198
LAWS OF THE COLONY OF NEW YORK.
Harbour Port or Wharfe of the said Citty with all and Singular
the Rents Issues Proffitts Gaines and Advantages which shall or
may arise Grow or Accrew by the said Towne Hall or Stadt
House and the Ground thereunto belonging Church or Meeting
Place wth the Ground about the same Burying Place watch House
Pasture fferry and other the above menconed Premissess or any
of them and also all and every the Streets Lanes Highwayes
and Alleyes within the said Citty for the Publick use and Service
of the said Mayor Aldermen and Comonalty of the said Citty and
of the Inhabitants of the Places Adjacent and Travellers there
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 out Ordering Amending and Repayreing of all Streets
Lanes Alleys Highwayes and Bridges Watercourses and fferryes
in and throughout the said Citty or leading to the same Necessary
Needfull and Convenient for the Inhabitants of the said Citty
and the Partes Adjacent and for Travellers there PROVIDED
alwayes that this said Lycence so as above Granted for the
Establishing makeing and Laying out 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 her or their Consent or by some knowne
Law of the said Province AND for the Consideracons aforesaid
I Doe likewise Give Grant Rattifie and Confirme unto all 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 Scituate Lyeing and being in the
said Citty to them Severally and Respectively Granted Conveyed
and Confirmed by any the late Governo's Leivètenants or Com-
manders in Cheife 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 AND I Doe by these Presents
Give and Grant unto the said Mayor Aldermen and Comonalty
of the said Citty of Albany all the Wast Vacant Unpattented and
unappropriated Land Lyeing and being within the said Citty of
Albany and the Precints and Libertyes thereof extending and
Reaching to the Low water marke in by & through all Parts of
the said Citty togather with all Rivers, Rivoletts Coves, Creeks,
Ponds, Waters, Water Courses in the said Citty not heretofore
Given or Granted by any of the former Governo's Leivtenants
or Commanders in Cheife under their or Some of their Respective
Hands and Seales or the Seale of the Province to Some Respect-
LAWS OF THE COLONY OF NEW YORK.
199
"
ive Person or Persons late Inhabitants of the said Citty or of
Other Parts of the said Province and also the Royalties of
ffishing ffowleing Hunting Hawking, Mines Mineralls and other
Royaltyes and Privilidges belonging or Appurtaineing to the
Citty of Albany (Gold & Silver Mines only excepted) AND I
do by these Presents Give Grant & Confirme unto the said
Mayor Aldermen and Comonalty of the Citty of Albany and
their Successors for ever full and free Lycence or Liberty of
ffishing in Hudsons River not only within the Limitts of the
said Citty butt without even so farr Northward & Southward
as the said River does Extend it selfe within the said County
of Albany togather with free Liberty Lycence & Authority to
and for the said Mayor Aldermen and Comonalty of the Citty
of Albany aforesaid and their Successors att all time & times
hereafter FOR and dureing the space of one and twenty Yeares
from and after the fourth day of November last Past to be
Accompted and fully to be Compleate and ended to Cutt Downe
and Cary away out of any Parte of the Manner of Renslaerswick
(provided it be not within any ffenced or Inclosed Land) Such
ffirewood and Timber for Building and ffencing as to them shall
seem meete and Convenient AND I Do by these p'sents Grant
unto the said Mayor Aldermen and Comonalty of the Citty
of Albany and their Successors forever hereafter all such
Strayes as shall be taken within the Limitts Precincts and
Bounds of the said Citty AND I Do by these Presents Give
and Grant unto the said Mayor Aldermen and Comonalty of
the Citty of Albany and their Successors full Liberty and
Lycence att their Pleasure to Purchase from the Indians the
Quantity of ffive hundred Acres of low or Meadow Land lyeing
att a Certaine Place Called or knowne by the Name of Shachte-
gue which Quantity of five hundred Acres shall and may be
in what Part of Schachtecogue or the Land Adjacent they
the said Mayor Aldermen & Comonalty of the Citty of Albany
shall think most Convenient AND I Do by these P'sents Give
and Grant unto the said Mayor Aldermen and Comonalty full
Power and Lycence att their Pleasure likewise to Purchase
from the Indians the Quantity of one thousand Acres of Low
or Meadow Land Lyeing att a Certaine Place called or knowne
by the name of Ticonondaroge WHICH Quantity of one
thousand Acres of Low or Meadow Land shall and may bee in
what Parte of Tionandorage or the Land adjacent on both sides
of the River as they the said Mayor Aldermen and Comonalty
of the said Citty of Albany shall think most Convenient, which
said Severall Parcells of Low or Meadow Land I Do hereby
in behalf of his said Majesty his Heires and Successo's Give
200
LAWS OF THE COLONY OF NEW YORK.
Grant and Confirme unto the said Mayor Aldermen and Com-
onalty of the Citty of Albany aforesaid to bee and Remaine
to the use & behoofe of them and their Successors for ever
TO HAVE AND TO HOLD all and Singular the Premissess
to the said Mayor Aldermen and Comonalty of the said Citty
of Albany and their Successors forever RENDRING and paying
therefore unto his most Sacred Majesty his Heires Successors
and Assignes or to such Officer or Receiver as shall be Ap-
pointed to Receive the same Yearly forever hereafter the Annuall
Quitt Rent or Acknowledgmt of one Bever skinn in Albany
on the five and twentyth Day of March Yearly forever AND
moreover I will and by these Presents for his said Majesty
his Heires and Successors Doe Grant Appointe and Declare
that the said Citty of Albany and the Compasse Precincts
and Limitts thereof and the Jurisdiccons of the same shall
from henceforth extend and reach its selfe and shall and
may be able to reach forth and extend its selfe as well in
Length and in Breadth as in Circuite on the East By Hudsons
River so farr as Low water marke to the South by a Line
to be Drawne from the Southermost end of the Pasture at
the North end of the said Island Called Martin Garitsons
Island Running back into the woods sixteen english Miles
Due Northwest to a Certain kill or Creeke called the Sand kill
on the North to a Line to be Drawne from the Post that was
sett 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 from the Points of the said South
and North Lines WHEREFORE by these Presents I Doe firmly
Enjoyne and Comand for and on behalfe of his sd Majesty his
Heires and Successors that the aforesaid Mayor Aldermen and
Comonalty of the Citty aforesd & their Successors shall and may
freely & Quiettly have hold use and enjoye the aforesaid
Libertyes Authorityes Jurisdiccons, ffranchizes Rights 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 these Letters Pattents of Grant and
Confirmacon without the Lett Hindrance or Impedimt of any
of his Majestyes Governours Lievtenants or other Officers what-
soever and that the said Mayor Aldermen & Comonalty of the
Citty aforesaid and their Successors or any of them in the free
use and enjoymt of the Premissess or any of them by the
Leivtenants or Governo's of his said Majesty his Heires and
Successors or by any of them shall not be hindred Molested or in
any wise Disturbed AND also I Doe for and on the behalfe of his
LAWS OF THE COLONY OF NEW YORK.
201
most Sacred Majesty his Heires and Successors ordeyne and
Grant to the Mayor Aldermen and Comonalty of the said Citty
of Albany & their Successors by these p'sents that for the
better Governmt of the said Citty Libertyes and Precincts thereof
there shall bee for ever hereafter within the said Citty a Mayor
Recorder Towne Clerke and six Aldermen and six assistants to
be Appointed Nominated Elected Chosen and Sworne as herein
after is Particularly and respectively menconed who shall be
forever hereafter called the Mayor Aldermen & Comonalty of the
Citty of Albany and yt their shall be forever one Chamberlaine
or Treasurer one Sherriffe one Coroner one Clerke of the Markett
one high Constable three sub. Constables and one Marshall or
Serjant att Mace to be Appointed Chosen and Sworne in manner
herein after menconed AND I Do by these Presents for and on
the behalf of his most Sacred Majesty his Heires and Successors
Ordeyne Declare Constitute Grant and Appoint that the Mayor
Recorder Aldermen and Assistants of the said Citty of Albany
for the tyme being and their Successors forever hereafter be &
shall bee by force of these p'sents one body Corporate and
Polotick in Deed fact and name by the Name of the Mayor Alder-
men and Comonalty of the Citty of Albany and them by the Name
of the Mayor Aldermen and Comonalty of the Citty of Albany
ONE Body Corporate and Politique in Deed fact &
Name I do really and fully Create Ordaine make
Constitute and Confirme by these p'sents - AND that
by the Name of the Mayor Aldermen & Comonalty of the Citty
of Albany they may have Perpetuall Succession AND that they
and their Successors forever by the Name of the Mayor Aldermen
and Comonalty of the Citty of Albany be and shall bee forever
hereafter Persons able & in Law Capable to have gett Receive
and Possesse Lands, Tenements Rents Libertyes Jurisdiccons,
ffranchizes and Hereditaments to them and their Successors
in ffee Simple or for term of Life Lives or Yeares or otherwise
and also Goods & Chattles and also other things of what Nature
Quality or kind soever AND also to Give, Grant Lett sett and
Assigne the Same Lands Tenements Hereditaments, Goods and
Chattles and to Doe and Execute all other things in & About the
same by the Name aforesaid AND 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 all or
any the Courts of his said Majesty and other places whatsoever
and before any Judges Justices and other Person or Persons what-
soever in all and all Manner of Accons Suites Complaints
Demands Pleas Causes and Matters whatsoever of what nature
kind or Quality soever in the same and the like manner & forme
26
202
LAWS OF THE COLONY OF NEW YORK.
as other People of this Province 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 means whatsoever AND that the said Mayor Aldermen
& Comonalty of the said Citty of Albany and their Successors
shall and may forever hereafter have one Comon Seale to Serve
for the Sealing of all and Singular their Affaires and Buisnessess
touching or Concerning 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 when and as often as to them it shall
seeme Convenient AND further KNOW YEE that I have 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 remaine and Continue in the
Office of Mayor there untill another fitt Person shall bee Ap-
pointed and Sworne in the said Office as in and by these p’sents
is hereafter menconed and Directed AND I have Assigned
Named Ordained and Constituted and by these p'sents doe
Assigne Name Ordaine & Constitute Isaac Swinton to be the
p'sent Recorder of the said Citty to Doe and Execute all things
which unto the Office of Recorder of the said Citty Doeth or
may any way Appertaine or belong and I have Assigned NAMED
Ordained and Constituted and by these p'sents Doe Ordaine
Constitute Create and Declare Robert Livingston Towne Clerk
of the said Citty to Doe and execute all things which unto the
Office of Towne Clerk Doth or may belong AND also I have
Named Assigned Constituted and make and by these p'sents
Doe Assigne Constitute and make Dirick Wessells, Jan Janse
Bleecker David Schuyler Johannes Wendall, Levinus Van
Schaick and Adrian Gerritse Citizens and Inhabitants of the said
Citty of Albany bee the present Aldermen of the said Citty
AND also I have 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
Ryckman and Melgert Wynantse Cittizens and Inhabitants of
of the said Citty to be the Present Assistants of the said
Citty also I have Assigned Chosen Named & Constituted Jan
Beecker Cittizen and Inhabitant of the said Citty to be the
Present Chamberlaine or Treasurer of the Citty aforesaid AND
I have Assigned Named Constituted and Appointed by these pres-
ents Doe Assigne Name Constitute and Appoint Richard Pretty
one other of the said Cittizens there to be the Present Sherriffe
LAWS OF THE COLONY OF NEW YORK.
203
of the said Citty AND I have Assigned Named Constituted
and Appointed and by these p'sents Doe Assigne Name 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 Presents Grant to the said Mayor. Aldermen and
Commonalty of the said Citty of Albany and their Successors
that the Mayor Recorder 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 being bee and shall bee Called
the Comon Council of the said Citty and that they or the
Greater Parte of them shall or may have full Power and Author-
ity 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 Alter Deminish and Reforme them from time to time as
to them shall seeme Necessary and Convenient (not Repugnant
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 Good Rule oversight Cor-
reccon and Govermt of the said Citty & Libertyes of
the same & of all the Officers thereof and of the Severall
Tradsmen Victuallers Artificers & of all other People & In-
habitants of the said Citty Libertyes & precincts aforesaid
and for Preservacon of Governmt the Indian trade and all
other Commerce and Dealing and for Disposal of all the
Lands Tenements and Hereditamts Goods and Chattles of
the said Corporacon which said Lawes Ordinances and Con-
stitutions shall bee binding to all the Inhabitants of
the said Citty Libertyes and Precincts aforesaid and which
Lawes orders Ordinances and Constitutions so by them to be
made as aforesaid shall bee and remaine 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 Lawes Orders Ordinances and Constitutions as
aforesaid shall or may make Ordeyne Limitt Provide Sett impose
and Tax reasonable ffines & Amerciamts against and upon all
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 ffines and Americiamts
shall and may Require Demand Levy take and Receive 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 Citty 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 Appointmt 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 Advice 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 Capacity 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 Lawfully Administer
and have hereby Power to Administer to the said Mayor and the
said Sheriffe so Nominated and Appointed from time to time
Accordingly AND further that According to usage & Custome
the Recorder & Towne Clerke of the said Citty shall be Persons
of Good Capacity & 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 Commíssionated to
LAWS OF THE COLONY OF NEW YORK.
205
the said Office of Recorder and Office of Towne Clerke Respect-
ively shall have hold and enjoy the said Offices Respectively
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 all 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
Presents 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 heare and Determine matters and Causes within the
said Citty Libertyes and Precincts thereof and that they or
any three or more of them shall and may for ever hereafter
have Power and Authority by Virtue of these Presents to here
and Determine all and all 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 which shall arise or happen and any wise
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 all 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 the
206
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
Constitute 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 all 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 Comands, 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 all and every Person
and Persons for High treason or Petty treason or for Sus-
piccon thereof and for other ffellonyes whatsoever and all 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
Comitt 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 Goale 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 Goale for the time being
and his & their Deputy and Deputies to Receive and take into
safe Custody to keep all and Singular such Person & Persons
so Apprehended or to bee Apprehended Sent & Committed unto
the said Goale by warrtt of the sd Justices or any of them as
aforesaid untill he or they 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 have Power and Authority to Give and
Grant Lycenses Annually under the Publick Seale of the said
LAWS OF THE COLONY OF NEW YORK.
207
Citty to all Tavernekeepers Innkeepers Ordinary keepers
Victuallers and all Publick Sellers 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 County and that it shall and may be
Lawfull to and for the said Mayor of the said Citty for the time
being to Ask Demand & Receive for each Lycence by him to be
Given and Granted as aforesaid Such Sume or Sumes of Mony as
hee and the Person to whom such Lycence shall be Given or
Granted shall Agree for not exceeding the Sume of thirty
Shillings Currtt mony of this Country for each Lycence all
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 time 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 time
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 Execute & Per-
forme all & 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 have 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 time 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 all 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 Corporall
208 LAWS OF THE COLONY OF NEW YORK.
and
the
Oath before the Recorder or any three or more of the Aldermen
of the said Citty well and Duly to Execute 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 within 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 have 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
Assistants of the said Citty for the time being or
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 Sumes of Mony as to
their Discretion 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 Heires 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 Voyd the
Eleccon of such Person & Persons so 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 or
LAWS 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 ffynes 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 all which said ffines so Sett and Imposed I Doe
by these Presents for and on behalfe of his said Majesty his
Heires Successors and Assignes Grant to bee and shall bee
and Remaine and belong 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 Lawful 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 Presents
for his said Majesty his Heires and Successors Give and Grant
to the said Mayor Aldermen and Comonalty 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 all times hereafter
have 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 p'sons 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 any House Shop or Place or Standing
within the said Citty or the Libertyes or Precincts thereof no
27
210
LAWS OF THE COLONY OF NEW YORK.
7
faire being then kept in the said Citty and shall persist therein
after warning to him or them Given or left by the Appointment
of the Mayor of the said Citty for the time 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 time 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 ffines 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 PROVIDED 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 have 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 all 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 Sumes
of Mony as such Person or Persons so to be made free shall
respectively agree 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 have 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 all the Indians
Liveing within & to the Eastward Northward and Westward of
the said County of Albany within the Compasse 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 and
LAWS 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 same 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 Experience 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 Peace &
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 evident
that whenever 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 Governmt 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 have Given Granted Rati-
fied and Confirmed and by these Presents 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 ffreemen 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 Absolutely forbid and Prohibite all and every the
Inhabitants of the said Province of New Yorke (the Inhabitants
of the said Citty of Albany only Excepted) to Trade or traffique
with any of the five Nations of Indians Called the Sinicas.
Cayugaes Onondagues Oneides & Maques who live to the
Westward or with any other Indian or Indians whatsoever
212
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 have 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
Comodityes 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 Confisca con of all such Indian Goods
and Marchandizes as Gunns Powder Lead Duffills Rum & all
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 out 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 Conceale & keepe any Indian Goods Wares or Mar-
chandizes in any House or Place as aforesaid then it shall
and may be Lawful 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 third 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
Presume to Trade or traffique with the Indians Contrary to the
forme & Effect of these p'sents to be Apprehended where 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 of
LAWS 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 ffined in such Sume
or Sumes of Mony (not exceding twenty Pounds Currtt Mony of
this Country) as at the Discretion 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 & Declare 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 may 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 have Power to Purchase have 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 Yearly 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 weekly forever
AND also I Doe by these p'sents for and on behalfe of his said
214
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 all 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 all & 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 have hold & keep wthin the
said Citty Libertyes & Precincts thereof once every ffortnight
in every Yeare forever upon tuesday one Court of Comon Pleas
for all Accons of Debt trespasse upon the Case Detinue Ejectmt
and other Personall Accons and the same to be held before the
Mayor Recorder & Aldermen or any three of them (whereof
the Mayer or Recorder to be one) who shall have Power to
heare & Determine the same Pleas and Accons 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 Presents 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 Determine all &
all mannor of Accons or Causes whatsoever to be had moved
or Depending between Party & Party so alwayes as the same
Exceed not the Value of fforty Shillings Currtt Mony 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 Citty & their Successors for ever
that the Mayor Recorder and Aldermen of the said Citty shall
alwayes bee so Long as they shall Continue in their sd Respect-
ive Offices Justices of the Peace for the said County and as
such shall and may Sett in the Court of Sessions or County
LAWS OF THE COLONY OF NEW YORK.
215
Courts & Courts of Oyer & terminer that shall from time to
time be held & kept within the sd County and that the Mayor
Recorder or some one of the said Aldermen of the said Citty
for the time being shall & may Alwayes Preside 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 have & Enjoye all the
Privilidges ffranchizes & Powers that they have & 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
have had by Reason or under Pretence of any further Charter
Grant Prescripcon or any other Right Custome or Usage Altho
the same have been fforfeite or lost or hath been ill used or
not used or abused or Discontinued Albeit they bee not Par-
ticularly 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 Repugnant 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
Officers under him or them in his ffortt Albany in or by the
Citty of Albany and in all the Libertyes Boundaryes Extents
and Privilidges thereof for the Maintainance of the sd ffortt
& Garrison there all the Right use Title & Authority which
his said Majesty or any of his sd Comanders in Cheife Leivts
and other Officers have had used or Exercised there) Excepting
the said Pasture here in before Granted or menconed to bee
Granted to the said Mayor Aldermen & Comonalty of the
Citty of Albany aforesd and Saveing to all other Persons Bodyes
Politique and Corporate their Heires Successors and Assignes
all such Right Title & Claime Possessions Rents Services Comons
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
& Declare that the Incorporacon to bee founded by this Charter
216
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 the Lands tenemts or Hariditamts Stock
Goods or Chattles thereof or in the Hands Custody or Posses-
sion of any the Cittizens of the said Citty such as have been
sett lett Given Granted or Collected to and for Pious & 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 all Acts and Contrivances to bee
invented or Putt in use Contrary thereunto IN wittnesse whereof
I have to these p'sents sett my Hand and thereto have 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 OF SIR EDMUND ANDROS, 1688.
[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. 537. The original is in London, in records relating to New England,
XXXIII, 381.]
James the Second by the Grace 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 have constituted and appointed you to be our Captain
Generall and Governor in Cheif in and over all 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 have 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 unite 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 said
LAWS OF THE COLONY OF NEW YORK.
217
Council 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 benefit of us, our heires and suc-
cessors. Which said lawes statutes and ordinances are to be,
as near as conveniently may be, agreeable to the lawes &
statutes of this our kingdom of England:
Provided that all 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 have 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 FOR SIR EDMUND ANDROŠ, 1688.
[A portion of the instructions relating to the enactment of laws is
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 all 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 any 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 government of our said Territory and Dominion,
which you are to do with all convenient speed.
And Wee do further charge and require you to transmitt
authentick copies under the public Seal, of all 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-
28
218
LAWS OF THE COLONY OF NEW YORK.
pleasure, and of the forfeiture of that years salary, wherein 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 determine 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 LEISLER, LIEUTENANT GOVERNOR.
[Mr. S. Van 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 all that this wise assembly did." (Doc. Rel. to Col.
Hist. of N. Y. III, p. 717.) The latter portion may have constituted a
separate act. If so there were two acts passed at this session. The
original of this act is not in the office of the Secretary of State and the
Revision 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 first of June and that
all townes and places should have 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 have no
more privileges than the other.
[Passed, April, 1690.] .
LAWS OF THE COLONY OF NEW YORK.
219
Second Session, September 15, 1690.
JACOB LEISLER, LIEUTENANT GOVERNOR.
[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.
Rel. to Col. Hist. of N. Y. III, p. 753. In a copy of an order of the
Lieutenant-Governor requiring the election 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 of State, and the Revision Commission
has been unable to discover a copy elsewhere.]
An act for Raising Three pence in the Pound
of all Reall and Personall visible Estate of
all 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 all per-
sons within this Province of New York
refusing to Serve In Comission of
Civill 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 Depart the City or Countys.
aforesaid Without Spetiall lycense of
the said Authority or Carry of or
transport from Said places any Wares
or Merchandises Except Such here-
after Exprest.
[Passed, October 4, 1690.]
WHEREAS his Maj'ties Espetiall Servic in ye Pr'sent Warr
with the ffrench & their adherents 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 severall
220
LAWS OF THE COLONY OF NEW YORK.
persons might not refuse or be backward In Serving his said
Maj'tie In any Employment Civill. or Military Under the Com-
ission of his said Maj'ties Lieu't Governor of s'd Province
whereby his s'd Maj'ties Service & Safety of this Province might
be much hindred & obstructed Bee it therefore Enacted & it
Is hereby Enacted by the Gen'll Assembly & by ye Authority
of ye Same That if any Person or Persons Chosen, nominated,
Constituted, ordained or Comissionated by his s'd Maj'ties
Lieu't Governor to serve In any Employment Civill or Military
w'thin any of ye Countys of s'd Province & shall refuse to
accept receive or Execute any Commission or Commissions unto
him or them directed by the Said Lieu't Governor that then
& in such Case ye Said persons or Persons be Amended &
fined to Pay ye Sume of Seaventy five Pounds Curr't Money of
this Province & by refusall thereof that the Same be forth-
with Strained by Warr't from said Lieu't Governor on the goods
&Chattles of Every Person or Persons so refusing to serve as
aforesaid PROVIDED always & be it further Enacted that ye
s'd fine so payd or Strained as aforesaid shall be aplied for
his Maj'ties use In Suporting & defraying ye Charges of
this Pr'sent Warr against ye ffrench and their adherents in
ye City County or towne where the Same shall happen to be
payd or Strained as aforesaid & be it further Enacted by the
Authority aforesaid that all persons who shall Depart ye City
& County of albany or County of Ulster being Inhabitants or
ffreeholders Without Spetiall Lycense from the authority Com-
issionated by the Said Lieu't Governor shall forfeit & Pay the
Sume of one hundred Pounds Curr't money to be Levyed on
ye goods Chattles of Every person or persons so departing
as aforesaid & for any such person whose Estate shall not
amount to the Said Sume of one hundred Pounds that the
s'd Persons be fined to ye Discrecion of ye Lieu't Governor &
his Councel which Said Sume or fines are to be applyed to
the use afore menconed & that no Wares Goods or Merchandises
shall be brought downe hudsons River or Transported out sd
City & Counties w'thout such lycense as aforesaid under Penalty
of Confiscacon of ye Same & to be aplyed to ye use aforesaid
Except Coine (after Sufficient Store left for the Militia & In-
habitants of ye s'd City & Counties) bevers & Peltry & other
necessaries & be it further Enacted by the Authority aforesaid
that all persons all 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 SLOUGHTER, ESQUIRE, 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 by the grace of God King and Queen of
England, Scotland, France and Ireland Defenders of the
Faith &c.
To our Trusty and welbeloved Henry Sloughter Esqre Greet-
ing. Wee reposing especial trust and confidence in the Pru-
dence courage and Loyalty of you the said Henry Sloughter, out
of our especial Grace, 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 over our Province of New York, and the Territories depend-
ing thereon in America.
And we do hereby require and command you to do and exe-
cute all things in due manner that shall belong unto your said
Command and the Trust we have reposed in you according to the
severall Powers and Directions granted or appointed you by this
present 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 Inhabitants 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 Territories
222
LAWS OF THE COLONY OF NEW YORK.
there unto belonging And that you the said Henry Sloughter by
and with the consent of our said Councill and Assembly or the
major part of them, respectively have 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 and 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 all 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 all of them being not before confirmed by Us
shall at any time 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 not approved shall from thenceforth
cease determine 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
Councill or Assembly to the Prejudice of us our Heires and
Successors, We will and ordaine that you the said Henry
Sloughter, shall have and enjoy a negative voice in the making
and passing of all 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 all
General Assemblies as aforesaid.
*
*
*
*
*
*
*
At the Court at Whitehall 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 Van 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 have lately happened within
this Province and for the Establishing and
Securing their Majestyes present 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 depend upon
their bearing true faith and Allegiance unto their Majestyes
Crown of England which is and can only be the Support and
defence of this province. AND WHEREAS the late hasty and
inconsiderate Violacon 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 prevention whereof in the
time to come BEE IT THEREFORE ENACTED and OR-
DAINED By the Governour and Council and Representatives
mett in General Assembly. 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 Realme of England
our Leige Lord and Lady King and Queen of England France
and Ireland and the Dominions thereunto belonging &c. That
thereby their princely persons are only invested with the right
to Rule This their Dominion and province And That none ought
224
LAWS OF THE COLONY OF NEW YORK.
or can have power, upon any pretence whatsoever, to use or
exercise any power over their Subjects in this Province, but
by Their Immediate Authority under Their Broad seale of The
Realme 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 arms 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, where 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 have 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 necessary 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 Representatives convened in General Assembly, And it is
hereby enacted and declared by the Authority of the Same; That
all the Charters, Pattents, Grants, made, given and granted, and
well and truely executed under the séale of this Province, Consti-
tuted and Authorized by their late and present 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 effectual, Charters
Patents and grants Authentick in the Law against their
LAWS 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 have 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 all the Chartters Pattents grants, made given and granted
as aforesaid, unto all and every the severall and respective Cor-
porations, or bodyes politick of the Cittys Towns and mannors
and their successors, and alsoe unto all and every the respective
ffreeholders, their heires and assignes forever; within this
Province, ARE to all intents and purposes whatsoever hereby
ratified and confirmed To have hold exercise Occupy, Possess
and Enjoy all their and every of their former rights Customes
Prerogatives, priviledges preheminencies practises Immuni-
tyes Libertys, ffranchisses, Royaltyes and usages whatsoever, In
as full and ample manner as if none of these Changes Alteracons,
disturbances want of other forms 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 parcel of Land within this Province. ALLWAYES PRO-
VIDED, that he or they that have 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 Prejudice or hindrance of the title or Claime of any
Person under age Feme Covert, Non Compos Mentis, Imprison-
ment or beyond the seas.
[CHAPTER 3.]
[Chapter 3, of Livingston ] Smith 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 have different and distinct wayes in
29
226
LAWS OF THE COLONY OF NEW YORK
their Improvements of Tillage and Pasturage; And that itt is
altogether necessary that they may be qualified 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 representa-
tives mett in General Assembly, and by the Authority of the
same; That the ffreeholders of every respective Town within this
Province are hereby Impowered and Authorized to meet and
assemble themelves together at such 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 Amendment
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 all 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 PROVIDED 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 & Smith and Van Schaack, where 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 6, 1693. For note in
reference to this act, see Fowler's Bradford, p. CV.]
An
Act for the Establishing Courts of
Judicature for the Ease and benefitt of
each respective Citty Town and County
within this Province.
[Passed, May 6, 1691.]
Whereas the orderly Regulation and the Establishment of
Courts of Justice throughout this Province as well in the
LAWS 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 & Councill
and Representatives Convened in Generall Assembly; And it is
hereby enacted and Ordained by the Authority of the same
That every Justice of the Peace that Resides within any Town
or County within this Province are hereby fully Impowered
& Authorized to have Cognizance of all 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 resides 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 where 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 defend
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 Determine ye same in ye Defendants
Absence. And to grant Execution thereon against the Defend-
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 Defendant 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 Discouraging 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 February; for ye City & County of Albany
at ye Citty hall of the said Citty, the first Tuesday in June, the
first Tuesday in October & the first Tuesday in February; for
West Chester att West Chester the first Tuesday in June, and
the first Tuesday in December; for Ulster at Kingstone the first
228
LAWS OF THE COLONY OF NEW YORK.
Tuesday in September & the first Tuesday in March for the
County of Richmond 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 Ulster. Which sessions of the peace
shall only hold and Continue for the space and Time of two
dayes & No Longer. And for the more Regular and beneficiall
Distribution of Justice to the Inhabitants of each Respective 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 Respective 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 Terminates and only to hold and
Continue for the space and time of two Dayes; and noe Longer.
And that there be one Judge with three Justices in each
County appointed & Comissionated to hold the same Court of
Pleas three whereof to be a Quorum And that the severall and
Respective Courts hereby Established shall have Jurisdiction
to hear Try and finally to Determine All actions or Cause
of Actions, And all 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 Removall 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 the Contrary
in any wayes notwithstanding. Provided alwayes and it is
hereby enacted That the Courts of the Mayor & Aldermen of
ye Respective Cittyes of New Yorke & Albany shall have in
each of their Respective Cittyes the power and Authorityes to
hear Try and finally to determine all such actions & Suites,
as is Comonly Cognizable before them from which finall Deter-
mination there shall not bee any Appeale or Removal 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 Respective Court of Comon
LAWS OF THE COLONY OF NEW YORK.
229
Pleas there shall belong & be appointed & Comissionated for
that purpose one Clerke of the Court to draw Enter and keep
the Records, Declarations 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, all 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-
cuted by them, their under Sheriffes or Deputy or Deputyes.
And all 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 have all the good proper and Just wayes &
meanes for ye securing and Recovering their Just Rights and
Demands within the same, 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 same Court, two whereof
together with one Chief Justice to be a Quorum. Which
Supream Court are hereby fully Impowered and Authorized
to have Cognizance, of all pleas, Civill Criminall, and Mixt, as
fully & amply to all Intents & purposes whatsoever, as the
Courts of Kings Bench, Comon Pleas, & Exchequer within their
Majestyes Kingdome of England, have or ought to have, In & to
which Supreme Court, all & 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. PROVIDED 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 Tuesday
230
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 then
Eight Dayes. AND BE
AND BE IT FURTHER ENACTED by the
Authority aforesaid, that itt shall not be Lawfull for any person
or Persons whatsoever appointed, elected, or Comissionated to
be A Justice or Judge of the aforesaid Courts to Execute or
officiate, 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 &
Supremacy and subscribe the Test in Open Court. AND BE IT
FURTHER ENACTED by the Authority aforesaid that all and
every of the Justices or Judges of the severall Courts before-
mentioned be and are hereby sufficiently Impowered, to make,
order, and Establish, all such Rules and Orders for the more
orderly practizeing & proceeding in their said Courts, as fully
and amply to all intents and purposes whatsoever as all or any
of the said Judges of the severall Courts of the Kings Bench,
Çomon Pleas & Exchequer in England Legally doe. PROVIDED
alwayes, 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 Defendants 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 have power to hear and Determine all
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 Depute, Nominate
& Appoint in his Stead A Chancelor, and be assisted with such
other Persons of the Council as shall by him be thought fitt
and Convenient, together with all 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 have 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 Supreme Court at New Yorke to ye Governour &
Council 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 above 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 all 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 will
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
remaine 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 present 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
preservation of their own lives and fortunes BEE IT ENACTED
AND ORDAINED By the Governour and Council and Repre-
sentatives Convened in General Assembly, and It is hereby
ENACTED and Ordained By the authority of the Same That
noe person whatsoever from fifteen to Sixty years of Age
remaine 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 after`
232
LAWS OF THE COLONY OF NEW YORK.
their arrivall or Coming to reside or sojourne in any place within
this Province, on penalty of twenty Shillings and soe for every
month Such person Shall remaine 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
upon 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 whole penalty
for any person at one time 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 holsters
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 whole penalty for one time Exceed
not fifteen Shillings And that every foot Souldier Shall have att
his habitation and abode one pound of good powder and three
pound of Sizeable bulletts and every Tropper have 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 same 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 the Militia of
the Citty of New Yorke County of Albany County of Ulster
for the time being whensoever any of the said Troops shall
not Compleate the number of fifty to present 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 may 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 to
LAWS 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 Capacity 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 depart thence without a dis-
charge from 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 BE IT THEREFORE ENACTED
and declared by the authority aforesaid That it shall and may be
lawfull for any person or persons listed in the Regiment 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 Corporal or
Drummer 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 all 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 all the Collonells of the respective Regiments 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 all 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 Regiment 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
30
234
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 all and
every of the Laws and Articles of warr and give all 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 Establish And the Commanders
of the severall Regiments 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 all 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. PROVIDED 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 Cheife fair written rolls of their respective Com-
panyes and Regiments and if any feild Officer Captaine or other
inferiour Officer or souldier shall neglect or Contemne performing
the Lawful Commands of their respective Superiour Officers
he or they shall be punished by fine Casheering or other punish-
ment according to the discretion of a Court Martiall which the
Captaine Generall or the Commander in Cheife is to appoint
and Establish AND the orders of the said Court Martial
hereby declared to be binding in all 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 present Act
he shall plead the generall issue and give this act in Evidence
and shall thereupon if found for him recover Costs of suite and
triple damages PROVIDED 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 Vizt. That all 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
Companyes or Troops and to be levyed before the next Exer-
are
LAWS OF THE COLONY OF NEW YORK.
235
cising day By distresse and Sale of the Offenders goods by
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 discretion 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 all
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
Regiment 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 by war-
rant or order of Collonell or Cheife Officer of the Regiment
Troops or Companyes and BEE IT FURTHER ENACTED by
the authority aforesaid that It shall and may be lawful for
any Commission Officer belonging to the Regiment 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 themselves from their
duty on the night guards without Sending a Sufficient person
to serve and watch in their steade which said warrants soe
granted shall be as effectuall to all 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 to Diminish alter or abridge the power of the
Captaine Generall or Commander in Cheife for the time being
but that in all things and upon all Occasions he may act as
fully and freely as Captaine Generall and Commander in Cheife
to all 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 all 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 presume to fire any small arms after Eight of the Clock at
236
LAWS OF THE COLONY OF NEW YORK.
*
night unlesse in case of 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 discretion 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 Colours or
Court of Guard upon the penalty of five pounds and for the
better prevention 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-
ment 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 Authority
aforesaid That all 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
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 all the members of
their Majestyes Council Justices of the peace sherriffes Coroners
and all 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.
LAWS OF THE COLONY OF NEW YORK.
237
[CHAPTER 6.]
[Chapter 6, of Livingston & Smith and Van 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. All of this 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 have power to establish a Rate
for the defraying of their respective and publique Charge, Be
it therefore Enacted by the Governour and Councill and repre-
sentatives convened in Generall Assembly and by the authority
of the same 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 assess 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 all 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 Lawful 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 respective
238
LAWS OF THE COLONY OF NEW YORK.
County within this Province shall keep A distinct Book of
Accompts containeing A perticular accot of all the money
Rates and assessments aforesaid, And alsoe of all disburse-
ments and payments by Warrant aforesaid and once every
yeare he shall bring his accots to such person as shall 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 Custom and practice of their Majesties
Realm of England; and all the adjacent Colloneys 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 come, that the respective ffree-
holders, Elected 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 prevention
and discouragement of Vagabonds and Idle persons to come into
this Province from other parts and alsoe from one part of the
Province to another: Be it Enacted by the Authority aforesaid
that all persons that shall come 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 come
to Inhabite, which security shall continue for two yeares Pro-
vided allwayes that all those that have Manuall Crafts or
occupations May at all times come and Inhabite in any place.
within this Province and be allwayes admitted. Provided he
maketh application within eight dayes after his arrival in any
Citty Town or County as aforesaid unto such person or persons
as are appointed for governing the respective parts. And alsoe
all 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 all such passengers he
brings into this Province with the qualitie and Conditions unto
the cheif Magistrates of each respective Citty Town or County
as aforesaid, under the penalty of tenn pounds currant money
of this Province. Alwayes 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 all 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 lawful for the constable to
return such persons to the town from whence they came.
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
printed 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-
presentatives.
[Passed, May 13, 1691.]
Whereas the Severall Representatives of the Assembly cannot
Officiate & Discharge that honourable and Great Trust reposed
in them without being att great Charge & Expence. BE IT
THEREFORE ENACTED by the Governour & Councill & Repre-
sentatives Convened in Generall Assembly AND ITT IS HEREBY
ENACTED by the Authority of the same, That the Wages or
Allowance to each Representative of the People shall be Tenn
Shillings Currant money of this Province pr Diem to Commence
from their Comeing out till their Returne home ALWAYES
PROVIDED it shall not exceed Eight dayes before the meeting
of the Assembly, and Eight Dayes after the adjourning,
prorogueing or Dissolving of the same. AND BE ITT FURTHER
ENACTED by the Authority aforesaid that each Respective
Citty and County throughout this Province shall bear and Defray
the Charge of their own Representatives, which Charge or Allow-
ance as aforesaid shall be paid to the respective Representatives
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 time 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 Representatives 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.
[Passed, 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 One
i
240
LAWS OF THE COLONY OF NEW YORK.
hundred fusileers with their proper officers which shall remaine
in the said County for the Defence thereof one whole Yeare to
Commence on the Eight and Twentith day of March now last
past. BE IT THEREFORE Enacted by the Governour and
Councill and representatives 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 all 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
Collector and receiver generall for the time being att their Majes-
ties Custom house in the Citty of 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 better 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 agree
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 the
LAWS 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 Alder-
men Justices of the peace for the respective Cittys and Countys
Mannors and Jurisdictions have and shall have Power and
Authority by vertue of this Act, each of them by himself to
administer an oath to the said Assessors; well truely 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 who 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 sumes 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 reside and who by virtue of this Act are required
and Impowered to doe the same by warrant under their hands
and seales to Commit Such assessor or assessors Collector or
Collectors soe deneying, refuiseing OR neglecting to the Com-
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 Qualitie soever he or they be within the Province
who shall be Assessed or Rated any Sume or sumes 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 Lawful 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 reside 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 and persons goods and
Chatles returneing the overplus of such goods and Chatles
to the owner of the Sume assessed and Charges of distress and
242
LAWS OF THE COLONY OF NEW YORK.
sale being first deducted. If any such overplus shall happen
to be And alsoe Be it further enacted by the authority aforesaid
that if any Mayor Alderman or Justice of the peace within this
province who are hereby required Empowered and Authorized
to take effectuall care, that this Act and every Article and
clause therein be duly Executed according to the true and Gen-
uine sence and Intent thereof shall Deny refuise neglect or
delay to doe performe fullfill and execute all and every or any
the dutyes powers and authority by this Act required and
Impowered by him or them to be done performed fullfilled
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 paine by fine Imprisonment as by
the discretion of the Justices of the said Courts shall be ad-
judged. And be it further Enacted by the Authority aforesaid
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 or Execution of this Act such person or persons
soe sued or presented in any Court whatsoever shall and may
plead the generall Issue not Guilty and upon any Issue Joyned
may give this Act and the special matter in evidence and
if the plaintiff or prosecutor shall be nonsuited or forbeare
further prosecution or suffer discontinuance or verdict to pass
against him the defendant and defenders shall recover their
trible Costs for which they shall have like Liberty as in any
Case where Costs by the Law are given to Defendants Pro-
vided allwayes That noe Mayor Alderman or Justice of the
peace shall be troubled sued prosecuted or Molested for any
omission offence or neglect by virtue of the Act but within the
space of one yeare after such omission offence or neglect and
not at any time hereafter any thing herein Contained to the
Contrary in any wise notwithstanding.
[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 the Citty & County
of Albany to Defray their necessary Charge.
[Passed, May 13, 1691.]
Forasmuch as the Inhabitants of the Citty & County of Albany
have been During the Time of the Late Disorders very much
aggrieved, wasted, Distroyed & impoverished by ye incursions
LAWS 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 & Representatives 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 all 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
have power to Receive the same, & to enter in fair Books kept for
that purpose all Such sume & Sumes 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 all
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 Lawful 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 all 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 all the sume & sumes 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 & Smith 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 King, 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 Representatives of this their Majesties*
Province of New York now Convened in General 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 have appointed their Captaine
generall and Governour in Chief over this their Province; that
he should with the advice and consent of their Councill from
time to time as need shall require to summon 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 Repre-
sentatives of this their Majesties Province Convened in Generall
Assembly doe with all 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 Representatives 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 reside in A Gover-
nour in Chief and Councill appointed by their Majesties their
Heires and successours; And the people by their Representatives
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 with att least five of them, he is to rule and Govern
the same, according to the Lawes thereof, and for any defect
therein according to the Laws of England and not otherwise.
That in Case the Governour in Chief shall Dye or be Absent out
of the Province; and that there be noe person within the said
Province Commissionated by their Majesties their heires or Suc-
cessors to be governour or Commander in Chief that then the
Council for the time being or soe many of them as are in
the said Province doe take upon them the administration of
the government and the Execution of the Lawes thereof and
powers and authorities belonging to the Governour in Chief
and Councill, the first in nomination in which Council is to
preside untill the said Governour shall return and arrive in
the said Province againe, or the pleasure of their Majestyes
their heires or Successors be further known. That for the
good government and rule of their Majestys Subjects a session
of a generall Assembly be held in this Province once in every
yeare. That every freeholder within this province and free-
man in any Corporation shall have his free Choice and voat
in the electing, of the Representatives without any manner
of Constraint or Imposition; And that in all elections the
Majority of votes shall carry itt, and by freeholders is to be
understood every one who shall have fourty shillings P Annum
in freehold. That the persons to be elected to Sitt as Repre-
sentatives in the Generall Assembly from time to time for the
severall Cittys, Towns, Countys, Shires, Divitions or Mannors of
this province and all places within the same shall be according
to the proportion and number hereafter expressed, that is to
say for the Citty and County of New Yorke foure for Suffolk
County 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 Citty and
County of Albany two, for the Colloney of Renslaerswick, one,
Dukes County two; and as many more as their Majesties their
heires and successors shall think fitt to establish. That all
persons Chosen and Assembled in manner aforesaid or the
Major part of them shall be deemed and accounted the repre-
sentatives of this Province in generall assembly. that the Repre-
sentatives convened in generall Assembly may appoint their
own times of meeting during their sessions and may adjourn
their house from time to time as to them shall seem meet and
convenient. That the said representatives as aforesaid Con-
ven'd are the sole Judges of the Qualifications of their own
Members, and likewise of all undue Ellections, and may from
time to time purg the house As they shall see occation That
246
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 Declaration or other-
wise, Cases of high Treason and fellony onely Excepted. That
all Bills agreed upon by the Representatives or the Major part
of them shall be presented unto the Governour and the
Council for their approbation and Consent all and every which
said Bills soe approved of and consented to by the Governour
and the Council 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 All Cases of
death or Absence of any of the said Representatives the Governour
for the time being, shall Issue out A writt of Summons to the
Respective Cittys Towns Countys Division or Mannors; for which
he or they so deceased or absent were Chosen, willing 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 Custom's, 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, tollage, assessment, Custome
Loan, Benevolence gift, Excise duty or Imposition whatsoever
shall be laid assessed Imposed, Levyed or required of or on any
of their Majtys Subjects within this Province &c or their estates
upon any manor of Colour or pretence whatsoever but by the
Act and Consent of the governor and Councill and Representa-
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 wainage; 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 Lawful men of the
Vicinage provided the faults and Misdemeaners be not in Con-
tempt of Courts of Judicature. All tryalls shall be by the
verdict of Twelve men and as nere as may be Peares or equalls
LAWS OF THE COLONY OF NEW YORK.
247
of the neighbourhood of the place where the fact shall arise or
grow; whether the same be by Indictment declaracon or Informa-
tion or otherwise against the person or defendant. That in all
cases capital or criminall there shall be a grand Inquest who
shall first present the offence; and then twelve good men of the
neighbourhood, to try the offendor, who after his plea to the
Indictment shall be allowed his reasonable challenges. That in
all Cases whatsoever bayle by sufficient suretyes shall be allowed
and taken unless for Treason or fellony plainely and specially
expressed and mentioned in the Warrant of Committment; and
that the ffellony be such as is restrained from Bayle by the Law
of England. That noe freeman shall be Compelled to receive
any souldiers or Marrinors; Except Inholders and other houses
of Publique entertainment; who are to Quarter for Ready money
into his house and their Suffer them to Sojorne against their
Wills, Provided it be not in time of actuall warr within this Pro-
vince. That noe Commission for proceeding by Martial Law
against any of his Majesties Subjects within this Province &c.
shall Issue forth to any person or persons whatsoever least by
Colour of them any of his Majesties Subjects be destroyed or
put to death. Except all such officers and souldiers that are in
Garrison and pay dureing the time of actuall Warr. That all
the Lands within this Province shall be esteemed and accounted
Land of ffreehold and Inheritance in free and Common soccage
according to the tenure of East Greenwich in their Matys Realm
of England. That noe Estate of A feme Covert shall be sold or
Conveyed but by deed acknowledged by her in Some Court of
Record the woman being secretly examined if She doth itt
freely without threats or Compulsion of her husband. That All
wills in writeing; attested by three or more Credible Witnesses
shall be of the same force to Convey Lands as other Convey-
ances being proved and Regestred in the proper offices in
each County within
dayes after the Testators death
That all Lands and heritages within this Province and depend-
encies shall be free from all fines, licences upon Alienations;
and from all 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 Commisionated to Officiate or Exe-
cute 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 of
248
LAWS OF THE COLONY OF NEW YORK.
Supremacie and allegiance and Subscribes the test. That noe
pson or psons which profess faith in God by Jesus Christ his
onely sonn shall at any time be any wayes molested punished
disturbed disquieted or called in question for any difference in
opinion, or matter of Conscience in Religeous Concernment who
doe not under that pretence disturb the Civil peace of the
Province and that all and every such Person or persons may
from time to time and at all times hereafter freely and fully
Enjoy his or their opinion persuasions Judgements in matters
of conscience and Religion throughout all this Province and
freely meet at Convenient places within this Province, and there
worshipp according 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. Allwayes 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, where 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 Otherwise be
effected, without great Charge unto their Majestyes BE IT
ENACTED by the Governour Councill and Representatives now
mett in General Assembly; 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 money of this Province.
AND for every pipe of Madera Wine Fyall, St. Georges, Canary,
Malago, Sherry and all 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 all other Merchandize imported into this
LAWS OF THE COLONY OF NEW YORK.
249
Province & Dependencyes the sume of forty shillings currant
money aforesaid for every hundred pounds value at the prime
Costs, Except those hereafter specified (vizt.) Salt, Bricks Pan-
tiles Coales, fish, Sugar, Molesses, Cottonwool, Ginger, logwood,
brasiletta, fustick or any other sort of Dying wood, Cocoa, hides
Tobacco Bullion & Plate, Pork, Oyle, Tar, flax, soape, Candles,
Cheese Butter, Beefe, fish Whalebone, hops, apples, Pears, syder,
firewood, plants, boards, peltry, Beavers, sheepswool, onyons,
Dressed and undressed Dearskins, Tallow, hides, salt,
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 all
Merchandizes Comonly called by the name of Indian goods
Duffles, strowds, 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 all kettles that
Shall Containe above eight gallons shall pay none of this Duty,
vizt: Indian Duffles 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 Ell 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 Twenty 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
32
250
LAWS OF THE COLONY OF NEW YORK.
powder six shillings, for every hundred weight of Lead
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 all 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 five gallons soe Retayled as aforesaid, And alsoe that
all 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 all other furs and Peltry be Valued 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 niñe
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 only Excepted,
and all other peltry, to be valued Equivalent to a Whole Beavor
nine pence to be exported out 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 all Ships & Vessells whatso-
ever that shall come to any Port Creek or harbour within this
province and Dependencies to trade or Traffique, the Master,
Mate or Purser shall come 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 all such parcell or
parcells of Merchandize and other things as he hath on board
such shipp or Vessell and alsoe declare upon his Corporall Oath
that he hath not broke Bulk since his arrival within this
Province before he made such Report as is Required. And
LAWS OF THE COLONY OF NEW YORK.
251
alsoe all Merchants that have any goods or Merchandize what-
soever shall att such place or places as is above directed, make
a True and Distinct Entry of all such parcell or parcells of
goods or Merchandize he hath on board such ship or Vessell
according as they Cost him att the prime Cost: And if any
Difference shall arise about the Value of the said goods &
Merchandize then the Collector or any appointed for the Col-
lection of the said Dutyes & Customes, may Administer to
all 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 from the place or places from
whence Such goods did come. AND further it is ENACTED
by the authority aforesaid, That if any Master, Mate or Purser
of any ship or Vessell whatsoever or any Merchant ffactor or
other shall Contrary to the Rules above 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 all 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 all such goods as shall be Landed
without entry made as afore directed shall be forfeited on
the Testimony of two or more sufficient and Credible 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 all
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, Come
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 Designe and Enter into Bond to the Value
of One Thousand Pounds with sufficient suretyes That he or
they shall not take on Board, Directly or Indirectly without
such permitt or Certificate from the Collector 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 months
252
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 all Retaylers of Wine, Rum,
Brandy or any other strong Liquor within this Province
shall upon the purchase and Receipt of all such Liquor
or Liquors before Expressed and Exciseable, Come to the
Office or Officer of the Excise and There or with him make
entry of all such Liquor or Liquors as they shall buy, and
Receive 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
all such Liquors as shall be found in any Retaylers house within.
this Province or Dependencyes, as have 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
Allowed. 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 presume 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 all
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 Directly 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 all Indian Traders throughout the whole
province & Dependencyes Doe pay for the value of each hundred
pounds prime Cost, they soe Traffique with the Indians the sume
LAWS OF THE COLONY 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
Liquors for which the Dutyes in this Act mentioned is paid or
secured 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.
PROVIDED allwayes that this Act and all 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 Collector & Receiver
Generall for ye Receipt of severall sums
of Money on pretence of Customes &
Dutyes.
[Passed, May 16, 1691.]
The Representatives Convened in General Assembly, being
very sencible that the Great Confusions and many Disorders
that were in this Province on your Excellencyes 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 Care your Excellency hath
taken for the Conserning the peace thereof, and forasmuch as
their Majestyes Collector and Receiver Generall has since the
Twenty ninth Day of January Exclusive Last Past, received
from the Inhabitants of this Province severall sums of Money
for Dutyes Customes and other Impositions formerly accus-
tomed to be taken but not Warrantable by the Law, for the
254
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 &
Representatives Convened in General Assembly. AND BE IT
HEREBY ENACTED by ye Authority of the same, that all 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 present 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 all & 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 & Administrators forever. And be it
further Enacted by the Authority aforesaid that their Majesties
Collector & Receiver Generall aforesaid is hereby Indemnifyed
from all maner of Plaints suits or Demands whatsoever from
any person or Persons on the account of any sum or sumes
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 Sumes 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 Defend-
ant or Defendants shall Recover their Trebble Costs for which
they shall have like Remedy, as in any Case where Costs by
the Law are given to Defendants: 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
hundred and Eighty nine formerly used to be Taken: Bee it
farther Enacted by the Authority aforesaid that all such Person
or Persons, that Remaineth Indebted for any Duty or Custome
ariseing & Due in ye Month of June aforesaid, which was in
LAWS 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 as is Usuall & Practicable in the
Recovery of all just Debts Due to the King.
And for asmuch as the Representatives 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
have been active in the late disorders.
[Passed May 16, 1691.]
The Governor Councill and representatives convened in
generall Assembly takeing into their serious Considerations the
many great troubles and disorders that have been lately 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 all Consider-
ing the Ignorance of many and the dutyfull 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 Libertyes Estates or reputations 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 all their Majesties
256
LAWS OF THE COLONY OF NEW YORK.
subjects by this Clemencie and Indulgence may be the better
Induced henceforth more Carefully to observe the Lawes and
performe their Loyall and due Obedience to their Majesties Be
it therefore Enacted by the Governor and Councill And repre-
sentatives Convened in generall Assembly and by the Authority
of the same that all 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
present Assembly Acquitted pardoned released and discharged
against their Majesties their heirs and successors and every of
them of and from all manner of Treasons fellonies Misprisons
of Treason Treasonable or seditious words and libell, Misprisons
of ffelony Seditious and Unlawful meetings and of all offences
whereby any person may be charged with the penalty and danger
of premunire. And also of and from all riotts routs offences,
Contempts Trespasses enteries wrongs deceits misdemeaners
forfeitures penaltys paines of death paines Corporall and paines
precuniary; And generally of and from all other things Causes
Quarrells suites Judgements and Executions in this present 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 all things which be not hereafter
in this present Act Excepted, as the same pardon should have
been if all offences Contempts forfeitures Causes matters, suits
Quarrells Judgements Executions penaltyes and all other things
not hereafter in this present 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 terms thereunto
requisite to have been put in and expressed in this present 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 bodyes goods Chatles, 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 dignity prerogative or the
Laws or Statutes of their Majesties Realm of England and this
Province. But only for such matters Causes and offences as be
rehearsed mentioned or in some wayes touched in the Exceptions
of this present Act Excepted and for none other any statute Law
Custom or Usage heretofore had made or used to the Contrary
in any wayes notwithstanding. And be it further Enacted That all
LAWS 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 Laws of
England and this Province plead and minister this present 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 shall 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 notwithstanding. And be
it further Enacted by the Authority aforesaid that this pardon
by the generall words clauses and sentences before rehearsed
shall be reputed, deemed, adjudged expounded allowed and taken
in all maner of Courts of their Majesties most beneficiall and
Availeable to all and singular the said Subjects and to every of
them in all things not in this present Act excepted without any
Ambiguity Questions or other delay whatsoever 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 any of their
heires or successors. Excepted and allwayes foreprised out of
this generall pardon all and every the persons hereafter named &
expressed Jacob Leisler, Jacob Milbourn, Gerrardus Beekman,
Abraham Governeure, Abraham Braisier, Thomas Williams,
Minardt Coerten, Johanes Vermillion, Already attained of
Treason and murther, And Nicholas Blank, Garrit Duykine,
Hendrick Jansen, John Coe, William Lawrence, in East Jerzey,
Cornelius 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,
Rolouff Swarthwood, Anthony Swarthwood, Johanes Provost,
Jacob Mulline, Benjamine Blagg, Johchem States and Richard
Pretty.
[CHAPTER 14.]
[Chapter 14, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Fowler's Bradford, p. 30; Baskett,
p. 8.
The act was confirmed by the King, May 11, 1697 (see Fowler's
Bradford, p. CXXXVI), but was repealed by ch. 603, 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
Dependencyes out of a Tender Conscience Refuse to give their
33
258
LAWS OF THE COLONY OF NEW YORK,
Evidence on Oath in any Matter or thing is Depending in
any of the Courts within the same Be if therefore Enacted by
the Governour Councill and Representatives now mett in Gen-
erall Assembly and by the Authority of the same That in
such Case the Person or persons soe Refusing 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: Defendant 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
Majesties declared Enemeyes And forasmuch as the safety of
this and all their Majestyes neighbouring Plantations doth
only depend 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 there
LAWS OF THE COLONY OF NEW YORK.
259
being now an absolute necessity 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
Representatives Convened in General Assembly and by the
authority of the same That the Commander in Cheife doe raise
one hundred and, fifty men with their proper Officers 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 Officers 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 all 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 Officers 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 ninety 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 thirty five pounds for the County of
Westchester One hundred and five pounds, ffor the County of
Richmond ninety 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 ninety five pounds
For Queens County One hundred ninety 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 which
260
LAWS OF THE COLONY OF NEW YORK.
they shall be Justices of the peace Doe within fourty dayes
after the Publication thereof Assemble and meet together in
the Court houses for the severall and respective Cittyes and
Countyes or such other place or places as they shall agree
upon amongst themselves. And shall there Order that the
Assessors and Collectors for the severall Cittyes Townes Man-
nors and Libertyes within their severall Jurisdiction for the
Assessing Collecting and receiving of the publick rates for the
Defraying the publick and necessary Charge of each respective
Citty and County aforesaid Be the Assessors and Collectors
for the Assessing and Collecting and receiving the Sume or
sumes of money herein before mentioned according to the pro-
portions before Expressed as to the said Mayors and Alder-
men and Justices shall seeme meete and reasonable and for-
asmuch as there are severall Mannours and Jurisdictions within
the respective Countyes aforesaid who neglect and doe not
elect annually or once a year Assessors and Collectors whereby
the intent of this Act may be frustrated Bee it therefore
Enacted By the authority aforesaid That if the respective
Mannours and Jurisdictions within the severall Countyes afore-
said shall refuse or neglect to Elect Assessors and Collectors
for the Assessing of the respective Mannours and Jurisdictions
and for the Collecting of the same according to the intent
and direction of this Act then and in such case the Justices
of the peace of the Countyes where such Mannours or Juris-
dictions are, are hereby impowered and authorized to nomi-
nate and appoint Assessors and Collectors for such Mannours
and Jurisdictions as shall neglect or refuise as aforesaid which
Assessors and Collectors shall to all intents and purposes
observe the dirrections of this Act anything Contained herein
to the Contrary hereof in any wayes notwithstanding. And
Bee it further Enacted By the Authority aforesaid that the
said Mayors Aldermen, Justices of the peace for the respective
Cittyes and Countyes Mannours and Jurisdictions have and
shall have power and authority by virtue of this Act
each of them by himself to Administer an Oath to the
said Assessours well, truely equally and impartially in due
proportion 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 Chosen
Assessors And Bee it further Enacted By the Authority aforesaid
That if any person or persons who shall be Chosen Assessors or
Collectors shall deny neglect or unequally and partially Assesse
or refuse to make such Assessment as by this Act is required or
shall deny neglect or refuse to Collect any sume or sumes of
LAWS OF THE COLONY OF NEW YORK.
261
money in forme 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 Cittyes and Countyes where such
Offenders shall happen to dwell or reside and who by virtue of
this Act are required and impowered to doe the same by warrant
under their hand 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 the Common Goale there to remaine without Bayle or
mainprize till he or they shall make fine and ransome to their
Majesties for such Contempt as aforesaid And Bee it further
Enacted By the Authority aforesaid That if any person or
persons of what degree or quality soever he or they be within
the Province who shall be assessed or rated any sume or sumes
of money by virtue of this Act to be raised and levyed shall
deny refuise or delay to pay and satisfy the same that 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 where such Offenders shall dwell or
reside 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 further Enacted By the authority aforesaid that if any Mayor
Aldermen or Justices of the peace within this province who are
hereby required Impowered and authorized to take Effectuall
Care that this Act and Every article and Clause therein be duely
Executed according to the true genuine sence and Intent thereof
shall deny refuse neglect or delay to doe performe fullfill and
Execute all and Every or any the dutyes powers and authorityes
by this Act required and impowered by him or them to be done
performed 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 paine by fine imprison-
ment as by the discretion of the Justices of the said Courts shall
be adjudged And Bee it further Enacted By the authority 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 whatsoever shall and may plead the
generall issue not guilty and give this Act and the speciall
matter in Evidence and if the Plaintiffe or Prosecutor shall be
nonsuited or forbear further prosecution or suffer discontinuance
262
LAWS OF THE COLONY OF NEW YORK.
or verdict to passe against him the Defendant and Defenders
shall recover trible costs for which they shall have like liberty
as in case where costs by the law are given to Defendants, Pro-
vided alwayes That noe 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 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 County as afore-
said shall have liberty to pay the severall and respective sumes
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.
[CHAPTER 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 have lately absented themselves
from their habitations and the usuall places
of their abode.
[Passed, September 30, 1691.]
Forasmuch as many of their Majestyes Subjects have lately
absented themselves from the usuall places of their abode and
others through Causeless fears have 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 warr 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
Majestye's 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 all their
LAWS OF THE COLONY OF NEW YORK.
263
Majestyes Subjects as aforesaid Should have Some just and
reasonable Satisfaction from those that have soe injured them
And that it is apparent that many thro' ignorance and fear
have bin led aside to doe the hurts and harms as aforesaid
and if such be prosecuted by the Comon Processe of the Law
may tend to the utter ruine of them and their famileys and
noe way recompence the injuryes done and those that are
most able to Satisfy the Damages and have bin most active
in projecting the same Escape free and for as much as the
Generall peace and security of their Majestyes Government
over this Province cannot be firmer Established then that all
those that have soe absented themselves returne again unto
their respective abodes and habitations and that all their good
Subjects heartily unite in the Comon Defence of the Same
against all Enemyes whatsoever And for effectuall doing thereof
and that a just and equitable Satisfaction may be made to the
persons injured by those that have bin active as aforesaid in
such equall and just proportions as the Circumstance of the
fact will admitt Bee it therefore Enacted By the Commander
in Cheife and Council and the Representatives convened in
General Assembly and By the authority of the same, That
in Each of the respective Cittys and Countys hereafternamed
and Expressed ther Shall be Constituted and Commiconated
under Their Majestyes seal of this Province five Commissioners
who are hereby impowered and authorized at such Certaine
dayes and places as they shall conveniently appoint to meet
and Assemble together and at such their Assemblyes and meet-
ings to receive in writeing the Claims and Demands of such
of their Majestyes Subjects that have been hurt or have received
damage in their Estates by the 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 they have received Such Claims and demands as
aforesaid they are then to cause the Constable of the respective
Towns where the persons Complained against doe reside or any
other person the said Commiconers shall think fitt to appoint to
summons the partyes Complained against to make their personall
appearance before them at a certaine day of which the Com-
plainants shall have notice and be likewise present and upon
their appearance strictly to Examine and to inquire into the
matter of fact and Damages alledged and upon Denyall of the
fact to summons and call before them such person or persons
that knoweth anything of the fact or damage alledged or can
give evidence thereof and the said Commissioners are hereby
impowered and authorized to Administer an oath or Oaths unto
264
LAWS OF THE COLONY OF NEW YORK.
such person and persons that shall be soe summoned before them
that the truth may the better be discovered and upon their hear-
ing and Examineing of the partyes and inquiring into the
matter of fact and Damage as aforesaid they are hereby farther
impowered and authorized to assess the Damages in truth and
equity as it shall appear unto them and not otherwise and such
their assessments of the Damages shall be laid on the offenders
in such just and equal proportions as to them shall seem meet
in equity and good Conscience and after such their Assessment
and Taxation as aforesaid shall order and decree the offenders or
Defendants to pay the sume soe Assessed and Taxed in manner
aforesaid unto the Complainants or give sufficient security that
they shall pay the same at a reasonable day after this their
Decree and Determination all which assessments Taxation
Decreed and Determinations done and made in manner and forme
as aforesaid shall be good and Effectuall in the law and a good
and sufficient discharge unto the Defenders forever according to
the true intent and meaning hereof any thing contained herein or
in any other law to the Contrary hereof in any wayes notwith-
standing alwayes provided and Bee it further Enacted By the
authority aforesaid That all persons That have been harmed
injured and Damaged in manner aforesaid and are at the Pub-
lication hereof within 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 here-
after named within fourty dayes otherwise they shall forever be
barred their Claime and upon any future prosecution the
Defendants 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 Defendant shall recover
his double Costs for which he Shall have the like remedy as in
Case where Costs by Law are given to Defendants And all
Person or Persons That are out of the Province at the Publication
hereof and have 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
all intents and purposes as aforesaid. alwayes provided and Bee
it further Enacted By the authority aforesaid That if any person
or persons That have offended in manner aforesaid and have been
personally summoned or had a summons left in writeing at their
habitations or usuall places of their abode and doth not appear to
make their Defence or show some lawfull Cause why they could
not appear shall be Deemed and Esteemed Defaulters and
Sentence and Decree shall passe upon them on Default
LAWS OF THE COLONY OF NEW YORK.
265
accordingly and Execution issue thereupon as aforesaid
and Bee it further Enacted By the authority aforesaid That
the Commiconers hereafter named for the putting this Act in
Execution shall be Commiconated under the seal of this Province
and there is hereby nominated constituted and appointed for the
Execution of this Act and the Clauses therein Contained for the
City and County of New Yorke Captaine Jacobus Van Cort-
land Peter Jacobs Marius, Lawrence Reed, Thomas Codrington,
and Adolph Phillips Esqrs or any three of them whereof Cap-
taine Jacobus Van Cortland is to be One And for the City
and County of Albany Peter Schuyler Martin Gerrits, Albert
Ryckman, Hendrick Ranslaer, and Gerrit Ryersen Esqrs, or
any three of them whereof Peter Schuyler is to be one And
for the County of Ulster Thomas Garton, Matthias Tenyed, Wil-
liam Legg, William Haynes Wessell Tenbrock Esqrs or any
three of them whereof Thomas Garton is to be One And for
the County of Richmond Elias Duxbury, Dennis Tennissen,
Andrew Cannon, Abraham Lakeman, and John Shadwell Esqrs
or any three of them whereof Elias Duxbury is to be One
And for the County of Westchester John Palmer, John Hunt,
John Drake, Joseph Theale, & Jonathan Heart Esqrs or any
three of them whereof John Palmer. is to be One, and for
Kings County Jacquis Cortillian, John Tennissen Nicholas Still-
well Lacus Stevenson, Joseph Hegaman, Esqrs or any three of
them whereof Jacquis Cortillian is to be one, And for Queens
County John Roberson, Nathaniel Pierson, James Clements,
William Hallitt junior Jonathan Smith Esqrs or any three of
them whereof John Roberson is to be One Provided alwayes
That in Case of Death it shall be in the power of the Com-
mander in Chiefe and Councill to nominate and appoint others
Commiconers instead of the Commiconers Deceased which said
Commiconers so as aforesaid nominated and appointed or in
case of Death to be nominated and appointed shall in the
respective Cittyes and Countyes respectively meet together and
Execute and performe the severall powers authorityes and
directions in any by this said Act given and appointed and
for their true and faithfull Execution thereof they shall att
the time they receive their Commicon take this following Oath
Vizt: "You shall swear that you to your cunning witt and
power shall truely and indifferently Execute the powers and
authorityes given you by this 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
shall require ye shall consent and endeavour yourselfe for your
part to the best of your knowledge to the assessing and Taxing
34
266
LAWS OF THE COLONY OF NEW YORK.
the Damage of such Claims and suites that 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 Execution without favour Dread Malice or affcetion So help
you God. Alwayes provided and be it hereby further Enacted
by the Authority aforesaid That in Cases of Errour any person
or persons shall have liberty to make his or their appeal 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 affirmed
And in regard some persons have commenced, 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 all personall Actions Suites
molestations and Prosecutions whatsoever and Judgements and
Executions had therein if any for or by reason of any of the
premises 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 General Issue
and give this Act and the Speciall matter in Evidence and if the
Plaintiffe Shall become nonsuited or forbear further Prosecution
or suffer discontinuance or if A verdict passe against him the said
Defendant shall recover his double Costs for which he shall have
the like remedy as in Case where costs by Law are given to
Defendants And since it is the Generall peace of this Government
and the good ease and benefite of all their Majesties Subjects
inhabiting within the same that it is only intended by this Act
Bee it therefore Enacted By the authority aforesaid That all
Judges and Justices of their Majesties Courts of Records and all
Mayors and Aldermen of the respective Cittyes and all 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 notwithstanding And that all their Majestyes Subjects
concerned in the premises and who for those causes have
absented themselves from the usuall places of their abode or have
LAWS OF THE COLONY OF NEW YORK.
267
withdrawn themselves out of this Province may have all their
Causeless fears removed and fully enjoy all the benefitts privi-
ledges and advantages intended them by this act. Be it therefore
further Enacted By the Authority aforesaid That all and Every
of such persons Concerned in the premises Doe within fourty
Dayes 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 ffreely possesse and Enjoy all 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 premises 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 all such as shall be at the
publication hereof beyond the Seas then and in such Case all
such person and persons shall be Deemed and Esteemed
Contemners of their Majestyes Authority and Government over
this Province and lose all the benefitts and advantages intended
them by this Act And all and every of their respective Estates
both real and personall shall be lyable and Extended to make
Satisfaction to all such Suits and Demands as shall be made in
due forme of the Law against them any thing Contained herein
to the contrary hereof in any wise 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.]
FORASMUCH as mistakes may arise about the limitts and
bounds of the respective Countyes within this Province, for
Prevention whereof, BEE IT ENACTED By the Commander in
Cheife and Council and Representatives and by the authority of
the same that the said Province bę Divided into twelve Countyes
268
LAWS OF THE COLONY OF NEW YORK.
as followeth. The Citty and County of New Yorke to containe
all the Island comonly 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 Richbells Neck and all the land on the Maine to
the Eastward of Manhattans Island as far as the Government at
present Extends and the Yonckers Land And Northwards along
Hudsons River 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 all
villages neighbourhoods and Christian Habitations on the west
side of Hudsons River from the murderers Creek neer the high-
lands to the Sawyers Creeke, The County of Albany the Manour
of Renslaerswyck, Schenectady and all the villages neighbour-
hoods and Christian plantacons on the East side of Hudson's
River from Roeloffe Jansens Creeke and on the west side
from Sawyers Creeke to the outmost end of Saraghtooga.
;
The Dutchesse County to be from the bounds of the County of
Westchster, on the Southside of the high land along the East
Side of Hudsons River as far as Roeloffe 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 River along the said River to the
murderers Creeke or bounds of the County of Ulster and west-
ward into the woods as far as Delaware River, The County of
Richmond to Containe all Staten Island Shutter's Island and the
Islands of Meadow on the west side thereof, Kings County to
Containe the severall Townes of Boswyck Bedford Breucklin
Flatbush Flatlands New Utricht 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 Necks Settlements and Plantations adjacent and the
Islands Called the two brother's and Huletts Island.
1
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
Fishers 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 all the Territoryes in those parts with the Islands
adjacent.
LAWS OF THE COLONY OF NEW YORK.
269
[CHAPTER 18.]
[Chapter 18, of Livingston & Smith and Van Schaack, where the act is
printed in full. Printed in full in Fowler's Bradford, p. 43; Baskett,
p. 9. For note in reference to this act, see Fowler's Bradford, p. CXX.
This act was confirmed by the King, May 11, 1697. (See Fowler's Brad-
ford, p. CXXXVI.)]
An Act for Regulating the Buildings
Streets Lanes Wharfs Docks and Alleyes of
the Citty of New Yorke.
[Passed, October 1, 1691.]
FORASMUCH as the Citty of New-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 AND FORASMUCH as it
is very necessary for Traffick and Commerce that buildings
streets lanes wharfs docks and alleyes of the said Citty be
conveniently regulated with uniformity for the accomodation
of habitations shipping Trade and Commerce. And that all
impediments and Obstructions that may retard so necssary a
work may be removed BEE IT THEREFORE ENACTED BY
the Commander in Cheif and Council and Representatives mett
in General Assembly and by the authority of the same That
the Mayor Aldermen and Common Council of the said Citty
shall and may at their will and pleasure Elect nominate and
appoint one or more discreet and intelligent person or persons
to be the surveyors or supervisors of their buildings streets lanes
Wharfs docks and Alleys of the said Citty and to see that the
buildings streets lanes Wharfs Docks and Alleyes of the said
City be conveniently regulated with uniformity for the Accom-
odation of habitations shipping, Trade and Commerce according
to such rules and Orders of Building and laying out of streets
lanes wharfs Docks and Alleys, as shall be Established by the
Mayor Aldermen and Common Council of the said Citty who
are hereby authorized and impowered to make such rules and
orders for the better regulation uniformity 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 Council
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 whereas 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-
modious and prejudiciall to one of the principal streets of this
Citty and hurtfull to the trade and health of the Inhabitants
BE IT THEREFORE ENACTED by the Authority aforesaid
That the Mayor Aldermen and Comon Council of the said Citty
for the time 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 present Act
Continue the said street commonly called the Broad street,
according to its present dimensions and if in the doing thereof
cr 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 given for all 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
lotts now in Controversy and for other ground the Mayor
Aldermen and Comon Council shall and may treat and agree
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 Estates Of any such ground or any part
thereof for their respective interests and Estates 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 sumes
of money so awarded or adjudged to the owners and others
having Estate or interest or Tender or refusall thereof shall be
binding to all intents and purposes against the said partyes
their heirs Executors Administrators and Assignes and others
LAWS OF THE COLONY OF NEW YORK.
271
Claiming 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 anything 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 to 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 all 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 they
Assemble shall have power and authority to order and direct the
making of Vaults drains and Sewers or to cut into any drains or
Sewers already made and for the altering inlarging amending
cleansing and scouring of any vaults Sincks or comon Sewers and
for the better Effecting whereof it shall and may be lawful 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 all 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 all and singular the said Vaults drains
Sewers pavements and pitching aforesaid, and in default of pay-
ment 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 sumes 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 PROVIDED 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, 4 Wm. & 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 Cheife and Councill and
Representatives convened in generall Assembly and by the
authority of the same that for the Destroying of wolves who have
lately encreased very much to the great discouragement of
pasturage and encrease of Sheepe and cattle that whatsoever
Christian shall kill a growne wolfe upon Long Island or staten
Island he shall have for each wolfe that shall be killed twenty
shillings to be paid out of the publick Treasury of each respective
County where the wolfe shall be killed and For a wolfe whelpe
above halfe a yeare old there shall be paid as aforesed tenn
shillings and whatsoever Indian shall in like manner kill any
wolfe shall have for his reward one match coate or twelve
shillings and For a wolfe whelpe:Five shillings to be paid him as
aforesaid and if any other county in the province have a mind
to encourage the destroying of wolves they shall doe it in such
maner and way as to them shall Seeme meet and the Justices of
the peace and other officers of the respective Countys aforesaid
shall take Effectuall care to see this act & every Clause therein
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 the Raising of two hundred
men with their Proper Officers for the secure-
ing and reinforceing of Albany In the
Frontiers of this Province.
[Passed, April 29, 1692.]
Whereas the forces lately raised for the Reinforceing and Se-
cureing the Frontiers at Albany are not to continue in that
LAWS OF THE COLONY OF NEW YORK.
273
Service any longer than the first day of may next enuseing
and forasmuch that it is Still absolutely Necessary for the
Safety of all their Majestys Neighbouring Collonys and Planta-
tions as well as for the Security of this province that there
be and remaine att that place sufficient force for the Defence
thereof and whereas the Present State and condition of this
Province is such that they are not able at this time to make
Sufficient Provision of men and money for the Reinforceing of
that Place as is truely necessary for the maintaining so con-
siderable a Post which is the only Bullwarke of Defence for
all their Majestys Neighbouring Collonys and Plantations in
this main of America yet that the said place may not be deserted
nor the Indians who have been so constant to us discouraged
Be it Therefore Enacted by the Comander in Cheife and Councill
and Representatives Convened in Generall Assembly and by the
Authority of the same that ye Commander in cheife doe Issue
out his warrants to Cheife Military Officer in the Respective
Cittys and Countyes undernamed for the raiseing two hundred
men armed as the law Directs with their Proper Officers 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 which 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 terminate on the first Day of October
then following And farther Be it Enacted By the Authority
aforesaid that if any Persons or Persons who in pursuance of
such warrant or warrants to be by the commander in Cheife
Issued out to the Cheife Military Officer of each Respective
Citty and County and Countys as aforesaid shall be warned to
apeare In armes in order to the Raiseing of two hundred men
aforesaid Shall Neglect Delay or Refuse to Apear or otherwise
absent him or themselves from the place or places they shall
Respectively be Summoned and warned as aforesaid to apear
at, the person or persons so Neglecting Delaying or refuse-
ing to appear or otherwise Absenting him 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 auy
Justice of the Peace within this Province on the goods and
Chattles of Every such Person or Persons so Offending as afore-
said upon A Certificate of Such Default from the Captaine or
cheife Officer of such Company in or to which the said Offender
shall be Listed or Belong under his hand and Seal which said
35
274
LAWS OF THE COLONY OF NEW YORK.
✔
sume of five pounds shall Be Employed for the encouragement
and raiseing the Quota of men by this Act in each respective
Citty & County or Countys to be raised as aforesaid and in
case such Person or Persons so Offending as aforesaid shall
not have goods and chattles to be found to pay and satisfie the
sume of five pounds aforesaid Such Person or Persons upon
such certificate and by such Warrt as aforesaid Shall be cited
to the Common Goale of the same County or Citty & Countyes
there to remaine without Baile or Mainprize for the space &
Terme of five months or untill he or they shall pay and Satisfie
the Sume of five pounds aforesaid and for the paying and
maintaining the said two hundred men and their proper Officers
Be it Further Enacted by the Authority aforesaid that A levy
of one thousand five hundred pounds Currant money of this
Province Be laid Assessed Raised and Levied upon all and every
of the Inhabitants Residents and Freeholders of and in this
Province for the Paying and maintaining of the said two hundred
men and their proper Officers for five months as aforesaid and for
no other use intent or Purpose Whatsoever to be layed assessed
Raised and levyed and paid to their Majesties Collector and
Receiver Generall for the time being at their Majestes Custome
house in the Citty of New Yorke on the first day of September
next ensueing which is in this Instant year of our Lord one
thousand Six hundred ninety and two according to the Rates and
Proportions ffollowing that is to say, for the Citty and County of
New York three hundred fourty five pounds for the paying and
maintaining fourty six men being their Quota and proportion of
the two hundred men aforesaid for the County of Westchester
one hundred twenty seaven pounds ten Shillings for the paying
and maintaining seaventeen men being their Quota & Proportion
as aforesaid For the county of Richmond Sixty Seaven pounds
tenn Shillings for the paying & maintaining nine men being
their Quota and Proportion as aforesaid For the County of Ulster
and Dutchess County two hundred and ten pounds for the pay-
ing and maintaining twenty eight men being their Quota and
Proportion as aforesaid for the County of Suffolk three hundred
pounds for the paying and maintaining fourty men being their
Quota and Proportion as aforesaid For Kings County two
hundred and ten pounds for the paying and maintaining
twenty eight men being their Quota and Proportion as
aforesaid For Queens County two hundred twenty five pounds.
for the paying and maintaining thirty men being their Quota and
Proportion as aforesaid for Orange County fifteen pounds for the
paying and maintaining two men being their Quota and
proportion as aforesaid And Also Be it Enacted by the
LAWS OF THE COLONY OF NEW YORK.
275
authority aforesaid that Such Sume or Sumes of money
of the Severall Sumes of two thousand 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 the
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 Authority aforesaid That for the better Assess-
ing Raiseing and Paying the Sume of One thousand five hundred
pounds aforesaid the Mayor and Aldermen Within the Citty 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 Countys 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 Countys or such other place
or places as they shall agree upon amongst themselves and shall
there Order that the Assessors and Collectors for the Severall
and Respective Cittys Townes Mannors and Libertyes within
their Severall Jurisdictions for the Assessing Collecting and
Receiveing of the Publick Rates for Defraying the Publick and
necessary Charge of each Respective Citty and County aforesaid
by the Assessors and Collectors for the Assessing and Collecting
and Receiveing of the Sume or Sumes 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 the Respective Countys 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 nd in such
case the Justices of the Peace
the Peace of the
of the Countys where
Such Mannors or Jurisdictions are, are hereby Impowered
and Authorized to nominate and Appoint Assessors
and Collectors for such Mannors and Jurisdictions as
shall Neglect and Refuse as aforesaid, Which assessors and
276
LAWS OF THE COLONY OF NEW YORK.
Collectors Shall to all Intents and Purposes Observe the Direc-
tions of this Act any thing contained herein to the contrary
hereof in any wayes notwithstanding. And Bee it further
Enacted by the Authority aforesaid that the Said Mayor
Aldermen & Justices of the peace for the Respective Cittys and
Countys mannors and Jurisdictions have and Shall have power
and Authority by Virtue of this Act each of them by himself to
Administer an Oath to the said Assessors well truely, equally,
and impartially and in due proportion as it Shall appeare to them
according to their best understanding to Assess and rate the
Inhabitants Residents and Freeholders of the Respective places
for which they Shall be chosen Assessors And Bee it further
Enacted by the Authority aforesaid that if any person or persons
who shall Be chosen Assesors and Collectors Shall Deny Neglect
or unequally or partially Assess or refuse to make Such Assess-
ment as by this Act is required or shall Deny Neglect or Refuse
to Collect any Sume or Sumes of money in forme before mentioned
Assessed that then and in Such Case it Shall and may be Lawfull
For any two Justices of the Peace of the Cittys and Countys where
Such Offenders shall happen to dwell or reside and who by virtue
of this Act are required and Impowered to do the same by
warrt under their hands and seales to Commit such Assessor
or Assessors Collector or Collectors so Denying Neglecting
or unequally and partially assessing or refusing to collect as
aforesaid to the Common Goale there to remaine without baile
or mainprize till he or they shall make fine or ransom to their
Majestys for such contempt as aforesaid and be it further
Enacted by the Authority aforesaid that if any person or per-
sons of what Degree or Quality soever he or they be within
this Province who shall be Assessed or rated any sume or sumes
of money by Virtue of this Act to be raised and Levyed Shall
Deny Refuse or Delay to pay and Satisfie the same that then
it Shall and may be Lawful for any Such Collector by virtue
of A warrant under the hand and Seale of any Justice of the
Peace for the Citty or County where Such Offenders shall Dwell
or reside who by Virtue of this act are Required and Author-
ized to grant and Issue forth such warrant to Levy the same
by distress and saile of Such Person or Persons goods and
Chattles Returning the overplus if any there be to the owners.
the Sume assessed, and charges of Distress and saile being
first Deducted and alsoe Be it Further Enacted by the Authority
aforesaid that if any mayor Alderman or Justice of the Peace
within this Province who are hereby Required Impowered and
authorized to take Effectuall care that this Act and every
Article and Clause therein be Duely Executed According to
LAWS OF THE COLONY OF NEW YORK,
277
the True intent and meaning thereof shall Deny refuse Neglect
or Delay to Doe Performe fullfill and Execute all and every
or any the Dutys Powers and Authoritys by this Act Required
and impowered by him or them to be done performed, fullfilled
and executed and Shall thereof be Convicted before the Com-
mander in Cheife and Councill or before any of their Majestys
Courts of Record within this Province he or they Shall Suffer
such pain by fine & Imprisonment as by the Discretion of the
said Commander in, Cheife and Council and the Justices of
the said Courts shall be adjudged and whereas there hath been
great Neglect in the Justices of the Peace Collectors and Assess-
ors who have Delayed Executeing their Respective Dutys Ac-
cording to the true Intent and meaning of the former Acts
made in severall Sessions of this Present Assembly for Pre-
vention of the like for the future Bee it further Enacted by
the Authority Aforesaid that if any of the Respective Cittys
and Countys aforesaid Shall Refuse Neglect or Delay to have
their Respective Quota or Proportions of men at the Citty of New
York or at the City of Albany on or before the twentieth day of
May now next ensueing Pursuant to the warrt Directed to them
from the Commander in Cheife as aforesaid and also that if any
of the Respective Cittys and Countys aforesd shall Refuse Delay
or neglect to make payment of the severall and Respective Sums
or Proporcons of money by them 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 payment thereof & until the whole Sum
and Proportion of each Respective Citty and County Shall be
fully paid and Satisfied such Citty and County or Countys yt
shall be Defective therein shall each and every of
them forfeit and pay for the Intent aforesaid the farther
sume of five pounds currant money aforesaid for each Days
Default or Neglect of having their Quota of men or payment
of their Respective proportions at the Days and times appointed
as aforesaid and for the enabling the Commander in Cheife to
borrow money or to agree for Provisions for the maintaining
of the two Companys aforesaid that the purposes of this act may
be truely Attended and Executed, Bee it Enacted by
the Authority Aforesaid that it Shall and may be Law-
full for any Person or Persons to Advance and lend to the
Commander in Chiefe &c upon the Credit of this Act any Sume
or sumes of money not exceeding the sume of seven hundred
pounds and to have and Receive for the forbearance of all such
money as shall be lent Interest not exceeding the Rent of tenn
Pr Cent Pr Annum and to the end that all moneys and provisions
278
LAWS OF THE COLONY OF NEW 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 with the Interest for the Sum not Exceeding tenn
Pr Cent Pr Annum 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 all
the money ariseing by the rates and proporcons hereby granted
as the same shall arise or be paid unto him by the Receivers or
Collectors of the same or by any other person whatsoever keep-
ing a perfect and distinct Account as the same shall come in,
which sume or sumes of money so by him Received as aforesaid
shall not be separated nor paid unto any other person or persons
whatsoever, but unto such who shall lend any money to the
Comd in Chiefe &c upon the Credit of this Act who shall Ime-
diately have a warrant and an order for his repaying & bearing
the same date in which he paid his money wherein shall be like-
wise Contained the Interest for forbearance and that all orders
for Repayment shall be Registered in Course According to the
Date of the warrant Respectively without Preference of one
before an other and that all & every person or persons shall be
paid in Course according as their Orders Shall Stand registred
or Entred and that the moneys to come in by This Act Shall be
in the same order Lyable to the satisfaccon of the said Respect-
ive Partyes their Executors Administrators or Assigns Suc-
cessively without Preference of one before an other and not other-
wise, and not be divertable to any other use intent or purpose
whatsoever, And Bee it further Enacted by the Authority 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 Pur-
suance or execution of this Act Such Person or Persons so sued
or Prosecuted in any Court whatsoever Shall and may plead the
generall Issue not Guilty and give this Act and the speciall Mat-
ter in Evidence and if the Plaintiff or Prosecutor Shall be non-
suited or forbear Further Prosecucon or suffer Discontinuance
or Verdict to pass against him the Defendant or Defendants
Shall Receive Triple Costs for which they shall have the like
Remedy as in case where Costs by the Law are give to Defend-
ants Provided Always that noe mayor Alderman or Justice of
the Peace shall be troubled Sued prosecuted or molested for any
Omicon Offence or Neglect by Virtue of this Act but within the
space of one year After such Omicon offence or neglect and not
at any time thereafter any thing Contained herein to the Con-
trary hereof in any wayes Notwithstanding. Alwayes Provided
and Bee it Further Enacted by the Authority aforesaid that the
LAWS OF THE COLONY OF NEW YORK.
279
Severall Collectors of each Respective Citty and County as afore-
said Shall have Liberty to pay the Severall and Respective Sumes
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 herein to the Contrary hereof in any
wayes notwithstanding.
THE FIRST ASSEMBLY.
Fourth Session.
(Begun Aug. 17, 1692, 4 Wm. & Mary, Benjamin Fletcher,
Governor.)
[CHAPTER 21.]
[Chapter 21, of Livingston & Smith and Van Schaack, where 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
than that such articles as are concluded and agreed on in all
Treatyes of peace should by all their Maties Subjects according
to their duty be most inviolably preserved and kept in and over
all 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
inhabite 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 Speciall lycence for soe doing
280.
LAWS OF THE COLONY OF NEW YORK.
under the hand and Seal of their Maties Governour or Com-
mander in Cheife of this Province for the time being and that all
and every such Offender or Offenders 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 determine the same as other Cases
or felony) shall suffer pains of death without benefitt of the Clergy
Provided Neverthelesse that this Act not any thing th-ein con-
tained shall Extend to any person or persons which now are or
[have been in the service or imployment of any Forraign
Prince State or Potentate whatsoever that shall returne to this
Province and leave and desert such service and Employment
before the first day of September next Ensueing rendring them-
selves to their Matyes Governour or Commander in Chiefe for
the time being and giving such security as he shall appoint for
their future good behaviour and alsoe that they shall not depart
this Province without the lycence of their Maytes Governour or
Commander in Chief. And for the better and more speedy
Execucon of Justice upon such who having Committed Piracyes
felonyes and Other Offences upon the sea shall be apprehended
in or brought Prisoners to this Province Bee it further Enacted
by the authority aforesaid That all felonyes piracies robberyes
murders or confederacyes 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 heard
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 Commiccon shall be had under their Matyes Seal of this
Province directed to the Judge or Judges of the Admirality of
this 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 have full power
to doe all things in and about the inquiry hearing determining
adjudging and punishing of any of the Crimes and Offences afore-
said as any Commiconers appointed by Commicon under the
Great Seal of England by Virtue of a statute made in the twenty
eight year of the reigne of King Henry the Eighth are impowered
to do and Execute within the Kingdome of England And that
the said Offenders which are or shall be apprehended in or
brought prisoners to this Province shall be lyable to such order
processe Judgment and Execucon by virtue of such Commicon to
be grounded upon this Act as might be awarded or given against
LAWS OF THE COLONY OF NEW YORK.
281
them if they were proceeded against within the realme of England
by virtue of any Commicon grounded upon the said Statute Be it
further Enacted by the authority aforesaid, That all and every
person or persons that shall any way knowingly Entertain har-
bour conceale trade or hold any correspondence by Letters or
otherwise with any person or persons that Shall be deemed or
Judged to be privateers pirates or other Offenders within the con-
struccon of this Act and shall not readily Endeavor to the best
of his or their power to apprehend or cause to be apprehended
such Offender or Offenders shall be liable to be prosecuted
against as accessaryes and confederates and to suffer such pains
and penaltyes as in such case by law is Provided And for the
better and more Effectuall Execucon of this Act Bee it further
Enacted by the authority Aforesaid That all Commicon Officers
in their severall precints within this Province are hereby required
and impowered upon his or their knowledge or notice given that
any Privateers Pirates or other persons suspected to be upon
any unlawful design are in any place within their respective pre-
cincts to raise and levy such a number of well armed men as he
or they shall think needfull for the seizing apprehending and
carrying to Goal all and every such person and persons and in
case of any resistance or refuisall to yield Obedience to their
Maties Authority it shall be lawful to kill or distroy such per-
son or persons and all and every person or persons that shall
oppose or resist by striking or firing upon any of the Commanded
partyes shall be deemed taken and adjudged felons without bene-
fite of the Clergy and every such Officer that shall Omitt or
neglect his duty herein shall forfeit fifty pounds Currant money
of this Province for every such Offence to be recovered in any of
their Maties Courts of Record within this Province by Bill Plaint
or Informacon wherein noe Essoine wager of Law or protection
shall be allowed One moiety thereof to be to their Maties their
heirs and Successours for and towards the Support of the Govern-
ment of this Province and the contingent charges thereof and
the other moiety to the Informer And all and every person
and persons that upon orders given him or them shall refuise to
repay immediately with his or their arms well fixed, and ammu-
nicon to such place or places as shall be appointed by any
Superiour Officer or Officers and not readily Obey his or their
Commands in the Execucon of the premisses shall be liable to
such fine or corporall punishment as shall be awarded against
them within the Courts to which the recognizance of the fact
doth belong.
36
282
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 to 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 arise 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. Considerable 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 Council and Representatives convened in
Generall Asembly 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 raising 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 and Expressed to witt, 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 Execute the said warrants according to the true intent and
meaning thereof shall for such their failure or neglect Refussall
LAWS OF THE COLONY OF NEW YORK.
283
or delay Answer the same Before the captain Generall or such
other Officers as he shall appoint and there suffer such Mulets,
Pains and punishments as by the Captaine Generall Shall be
thought convenient, According to the Laws And Articles of warr
in that case made and provided in their majesties Realme of
England any thing contained 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 Officers, 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 all 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
Officers together with the Incidentall charges that shall arise
thereon for seaven Kalendar months as aforesaid and for noe
other use intent Or purpose whatsoever to be lay, Assessed
Raised Levyed and paid to their majesties Collector and Receiver
Generall for the time 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
is to say For the Citty 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 Officers 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 Mayor
and Aldermen within the Citty of New Yorke for the time being
284
LAWS OF THE COLONY OF NEW YORK.
and the Justices of the peace for the time 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 together in the Court houses for the severall Respective
Cittys and Countys or such other place or places as they shall
Agree upon amongst themselves and shall there order that the
Assessors & Collectors for the 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 Sumes of money herein beforemen coned according to the pro-
porcons before Expressed as to the said Mayor and Aldermen
and justices shall seem meet and reasonable And Forasmuch as
their are severall mannors and Jurisdicons within the severall
countys Aforesaid who neglect and do not elect annually or once
every year 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 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 authorized to Nominate
& appoint Assessors and Collectors For such mannrs and juris-
diccons as shall neglect or Refuse as aforesaid Which Assessors
and Collectors shall to all Intents and purposes Observe the
Direccons of this act Any thing contained herein or in any
other Law to the Contrary hereof in any wayes 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 Mannors and jurisdiccons have and
shall have 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 chosen Assessors
and be it further enacted by the authority aforesaid that if any
person or persons who shall be Chosen Assessors or Collectors
shall Deny, Neglect, or Refuse Unequally or partially Assess,
or Refuse to make such Assessment as by this Act is Required
LAWS OF THE COLONY OF NEW YORK.
285
or Shall Deny, Neglect or Refuse, to Collect any sume or sumes
of money in forme before menconed Assessed that then and in
such case it shall and may be Lawfull for any two Justices of the
peace of the Cittys and Countys where such Offeneder shall hap-
pen to Dwell or Reside and who by Virtue of this Act are
Required and Impowered to do the same by warrt under their
hands and seales to Commit such Assessor or Assessors Collector
or Collectors so denying, neglecting or unequally & Partially
Assessing to the Common Gaole there to remaine without baile
or mainprize till he or they shall make fine or ransom to their
Majesties for such their Contempt as aforesaid. And Bee it
further Enacted by the authority aforesaid that if any Per-
son or Persons of what Degree or Quality soever he or they be
within this Province who shall be Assessed or Rated any sume or
sumes of money by virtue of this Act to be raised & leveyed
shall Deny, Refuse or Delay to pay and Satisfie the same that
then it shall and may be Lawful for any such Collector by Vir-
tue of A warrt under the hand and seale of any Justice of the
Peace for the Citty and County Where such Offender shall dwell
or reside who by Virtue of this act are Required and Authorized
to Grant and Issue Fourth Such warrt to levy the same by
distress and sale of such Person or Persons Goods and Chattles
Returning the overplus if any be to the owners the sume
Assessed & the Charges of Distress and sale OF SUCH PERSON
OR PERSONS. and also be it further Enacted by the Authority
aforesaid that if any Mayor Alderman or justice of the peace
within this province Who are hereby Required Impowered and
Authorized to take Effectuall Care that this Act and Every
Article and Clause therein be Duely Executed According to the
true Intent AND MEANING therof Shall Deny Refuse Neglect
or delay to do, performe fullfill, and Execute all and every or
any of the Dutys, Powers and Authoritys by this Act required
and Impowered by him or them to be done Performed Fulfilled
and Executed and shall therof be Convicted before his Excells
THE GOVERNOR and Captaine Generall and Councill and the
Justices of the said Courts shall be adjudged And be it further
Enacted by by the Authority aforesaid that if any Accon, Bill,
Plaint or Information Shall be brought moved or presented at
any time hereafter Against any Person or persons. So sued or
prosecuted in any court or Acted in pursuance or Execucon
of this Act Such Person or Persons So sued or prosecuted
in any Court whatsoever 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 prosecucon or suffer discontinuance or verdict to pass
against him the defendant and defendants shall Receive triple
286
LAWS OF THE COLONY OF NEW YORK.
Costs for which they shall have the Like Remedy as in case
where Costs by the Law are given to defendants Provided all-
wayes that no mayor Alderman or justice of the peace shall be
troubled sued, or molested for any omicon Offence or neglect
by Virtue of this Act but within the space of one year after such
omicon Offence or neglect and not at any time hereafter any thing
contained herein or in any other law hereof In any wayes
notwithstanding Allwayes provided and Be it Further Enacted
by the Authority Aforesaid that the severall Collectors of Each
Respective Citty and County as aforesaid shall have Liberty to
pay the severall and Respective sumes Assessed as aforesaid in
Currt silver Money at New Yorke or for want thereof in good
Sufficient and Merchantable Provisions at the Rates and Prices
hereafter specified and Expressed to Witt, good and Merchant-
able Porke at the Rate of fifty shillings Pr Barrll the Barrell
well Repackt by the sworne packer at New Yorke and the Barrll
Conteining thirty one gallons and a halfe Winchester Measure
at Least, Beefe at the Rate of thirty two shillings and six pence
Pr Barrill Well Repackt by the Sworne Packer at New Yorke
aforesaid the Barrill to conteine thirty one Galons & halfe Win-
chester measurer at Least, Good Merchantable Winter Wheat
at four Shill: Pr Bushell, Tryed Tallow at four pence halfe pennce
pr pound.
i
[CHAPTER 23.]
[Chapter 23, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Fowler's Bradford, p. 57. Title only
is printed in Baskett, p. 18. The act expired March 1, 1692. For note in
reference to this act, see Fowler's Bradford, p. CXXII.]
An Act for the raiseing of eighty men
in Ulster & Dutchess County to be Em-
ployed for the Reinforceing and security
of Albany from the fifteenth day of Decem-
ber next to the first of March then Ensuing.
[Passed, September 10, 1692.]
Whereas the County of Ulster & Dutchess County are Excused
from their Quotas of three hundred men they Are to Provide
Eighty men for the Reinforcemt of Albany in the time of the most
eminent Danger Be it Enacted by the Governour and Councill
and Representatives Convened in Generall Assembly and by the
Authority of the same that the Governour do Issue out his
Warrts under his seale to the Military Officers of Ulster and
Dutchess County to Levy eighty effective men with their Armes,
to be peremptorily at Albany on the fifteenth day of December
next there to Continue & Remain for the reinforcemt Security
and Defence of the ffrontiers there untill first Day of March then
LAWS OF THE COLONY OF NEW YORK.
287
next ffolloweing and also that the Capt Generall would forme
the said Number eighty Effective men into such Companies as
he shall think Convenient and to Commiconate and Appoint so
many officers over them as he shall think needfull in the said
County and Be it Further Enacted by the Authority aforesaid
that the said Counties of Ulster and Dutchess County shall at
their owne proper Costs and Charge well and Sufficiently pro-
vide that the said eighty Effective men be well and suffi-
ciently provided with, beer, bread and meat and ammuni-
con dureing ye time that they shall be Employed in the service
Aforesaid and also take Effectuall Care that all and every of the
said Effective men be well paid according to the Kings Estab-
lishment after the Expiracon of the said Service, and Like-
wise that they shall be employed in the service afore-
said under such officers as shall be commiconated,
and Apointed over them According to the Establishment
aforesaid, And Be it further Enacted by the Author-
ity aforesaid that if any officer Civil or military within
ye Said Countys shall Delay, Neglect or Refuse to Performe
and Execute the Severall & Respective Articles and Clauses of
this Act according to the true Intent and meaning thereof he
or they so Neglecting, Refuseing or delaying shall be Lyable to
such Penalties, Respectively as are in Case of Such Refusall,
Neglect or delay Provided in the other Act of this Present
Sessions, Intituled An Act for the raiseing and paying of two
hundred men &c.
THE SECOND ASSEMBLY.
First Session.
(Begun Oct. 26, 1692, 4 Wm. and Mary, Benjamin Fletcher,
Governor.)
4
[CHAPTER 24.]
[Chapter 24, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Fowler's Bradford, p. 58. Title only
is printed in Baskett, p. 18. For note in reference to this act, see
Fowler's Bradford, p. CXXII. The act was continued by ch. 34.]
An Act Establishing a Revenue upon
their Majesties for the defraying the pub-
lick and necessary Charges of the Govern-
ment.
[Passed, November 11, 1692.]
The Representatives of their Majesties Province of New York,
convened in generall Assembly takeing into their considera com
288
LAWS OF THE COLONY OF NEW YORK.
that the Act made for the establishing a Revenue for the defray-
ing the Publick charge of the Province doth expire and termin-
ate according to the Limitacon in the said Act made and Pro-
vided on the eighteenth day of May next and they being likewise
sensible of the great and urgent Occasions which doth dayly
press their Majesties to an Extraordinary Expence, for the
defence of this their Province and Dominion against the designes
and Invasion, of the Common Enemy. And finding it also
necessary that in this time of soe great and Eminent danger that
their Majesties governmt over this Province should be hon-
ourely supported and maintained. They in most thankfull acknowl-
edgment of their Majesties Tender care, of the wellfair of their
subjects in this Province have chearfully and unaminously for
the Purposes aforesaid, given and granted and do hereby give
and grant to their Majesties, the severall rates and duty's of
Excise hereinafter menconed And doe most humbly beseech that
it may be Enacted. And be it therefore Enacted by the Gover-
nour and Councill and Representatives now met in generall
Assembly And by the authority of the same that from and after
the eighteenth day of May next which will be in the year of our
Lord 1693, there shall be throughout this their Majesties
Province of New York and the terrytorye's depending thereon
in America Raised, Levied, Collected, and payd for the Purpose
and Intent aforesaid dureing the Space and terme of Two year's
from the eighteenth day of May aforesaid and no Longer the
Rates and duty's of Excise hereinaftermenconed In manner and
form following (that is to say) for every Galland of rum brandy
and distilled Liquors that shall be imported into this Province
and dependancyes aforesaid the sume of four pence Currant
mony of this Province, and for every pipe of Madera, mamsey,
ffeyall, St. Georges, Pisada, Canary, Malaga, Sherry, and all
Sort's of Sweet wynes the Summe of forty shillings Currant mony
aforesaid and So in Prporcon for all greater and Smaller Quan-
tityes imported as aforesaid and for every hogshead of red, white
and Rhenish wynes the sume of twenty shillings Currant mony
aforesaid, and so in ppcon for all greater and smaller quantity's
imported as aforesaid and upon all other Merchandises imported
into this Province and dependancies aforesd the sume of forty
shillings Currant mony, aforesaid, for every hundred pound
prime cost's except these hereafter specifyed (vist) salt, brick,
pantyle Coales, ffish sugar, Mallassoes, Cotten, Woll, ginger,
Logwood, Brazeletto, Fustick or any other sort or dying wood,
West India hydes, Tobacco, Bullion, Plate, Cocoa, Pork, Oyle,
Tar, flax, soap, Candles, Tallow, Cheese, butter, Beef, whaleboan.
hop's, Apples, Pears, Syder, fyrewood, Planks, boards, Peltry,
LAWS OF THE COLONY OF NEW YORK.
289
beaver, sheep's, wool, Onyon's, dressed and undressed Deer skins,
hony, beese wax, baywax, Indian corn, wheat, Barly, Rye,
Peese, or any other sort of grain, or any other thing of the groath
and production of our neighbouring Collony's and Plantacons in
America, And be it further Enacted by the authority aforesaid
that there be also given and granted unto their said Majesties
for the intent aforesaid upon all Merchandises commonly called
by the Name of Indian Goods as duffields, stroud's Blankett's
plains, halfe thicks, woolen stockings, white osend kittles,
hatchet's, hoes, Redlead, Vermillion, Cotten, red kersey's knives,
Indian Haberdashery, and other Indian goods the sume of
five pounds Currant mony aforesaid for every hundred pound's
prime cost which shall be imported into this Province
and dependencies aforesaid over and above the forty
shillings for every hundred pounds Prime costs before given and
granted to their Majesties by this present Act, and that the
vallue of the prime cost shall be at the rates hereafter menconed
(vist) Indian duffields to be vallued at two shillings and four Pence
P yard, Indian strouds halfe a peace four pound's, a whole peece
eight pound's, Indian Blanquetts each piece four pound's, Indian
plain Cotten eighteen pence P yard, half thicks two shillings and
two Pence P yard Indian white ossend the English ell, eight pence,
Indian Kettles under eight gallons the hundred weight six
pound's Indian hatchet's the dozen twelve shillings, Indian hoes
the dozen twelve shillings, redled each hundred weight twenty
shillings, Vermillion each pound four shillings, Cotten P yard
sixteen pence, red kersey P yard two shillings and Six pence,
knifes P dozen three shillings, Indian shurt's P dozn twenty
shillings, Indian drawing knifes, looking glasses, Indian wooden
Comb's, Indian Beed's, tobacco in roll, Indian bells, sizers, Jews
harps, Indian Points, drills, tobacco Pipes, little painted boxes,
Aules, sword, blades, Copper tobacco boxes, Tinsey Lace, Indian
gimp Lace, needles, tobacco tongues, Indian powder horn's,
Indian woolen stockings, and Indian steel's, the sume of six
pounds Currant mony aforesaid over and above the two P Cent
aforesaid for every hundred pounds vallue prime cost, And be it
further enacted by the authority aforesaid that there be also
given and granted to their Majesties for the intent aforesaid for
every barrell of powder six shillings, for every hundred pounds of
lead six shillings for every gunn with or without a Lock six
shillings, for every gallon of rum four pence currant mony afore-
said, which shall be carried up Hudsons River in any Vessel
sloop or Canoe or any other way whatsoever, And be it further
Enacted by the authority aforesaid that there be also given and
37
290
LAWS OF THE COLONY OF NEW YORK.
granted unto their said Majesties for the Ppose aforesaid the
duty's of Excise upon all Liquors Retailed throughout the
Pvince and dependency's aforesaid under the quantity of five
gallons, the sume of twelve Pence Currt mony aforesaid for each
gallon so retailed (beer and Syder only excepted) and likewise
the sume of six shillings for each barrell of beer and Syder sold
by retaile throughout the Pvince And it is further Enacted by
the authority aforesaid that there be given and granted unto
their said Majesties for the use aforesaid a rate and duty upon
the furrs and Peltree, hereafter mentioned that shall be exported
out of this Pvince and dependency's (that is to say) for every
beaver skinn, commonly called a whole beaver the sume of nine
Pence Currant mony aforesaid, and that all other furr's and
Peltry be rated and vallued accordingly that if to say two halfe
beavers the sume of nine pence Currant mony aforesaid for four
Lapp's nine pence, for three drillings eighteen pence for tenn
raccons nine pence for four foxes nine pence for four fishers
nine Pence, for five Cat's nine pence, for six minks nine pence,
for one Otter six pence, for two bare skins nine pence, for twenty
four musk rats nine pence, for tenn matter's nine Pence for every
four and twenty pound's of deer and mouse skinns nine pence and
for every Oxe, bull and Cow Hide sloughtered in the Province,
and dependancy's six pence and all other Peltree to be vallued
to a whole beaver nine Pence And for the due and orderly Col-
lecting of the aforesaid Rates and duty's of Excise And also for
preventing of frauds and Embezelments of the said rates & duty's
of Excise Be it further Enacted by the authority aforesaid that
all ships and Vessells whatsoever that shall come to any Port
Creek or harbour within this Province and dependencies to
trade or traffique, the Master, Mate or Purser shall come to such
place or places as shall be appointed By the Governour for the
time being and there make report of all such Parcell or Parcell's
of Merchandizes and other thing's that he or they hath on board
said ship or Vessell, and also declare upon their Corporall Oath,
that he or they hath not broak bulk since his or their arrivall,
within the Province before he or they made such report as
aforesaid And also that all Merchant's that have any good's or
Merchandizes on board such shipp's or Vessell's as aforesaid
shall at such Place or Places as is above directed make a true
and distinct entry of all such Parcell or Parcell's of good's or
Merchandize he hath on board such shipp or Vessell according
to the Prime Cost and if any difference should arise about the
vallue of the said good's Their Majesties Collector for the time
being is hereby authorized to Administer to all or any such
Person or Person's making such entry their Corporall Oath that
LAWS OF THE COLONY OF NEW YORK.
291
said Entry is according to the invoyce or Invoyces sent to
them from the place or places from whence such good's or Mer-
chandizes did come And it is further Enacted by the authority
aforesaid that if any Master Mate or Purser of any ship or Ves-
sell whatever or any Merchant ffactor or other shall contrary
to these Rules above directed, brak, bulk or Land any goods
or Merchandize whatsoever before he or they make report or
entry and pay such dutys as is required by this Act Then and
in such case the Master of such ship or Vessell that shall break
bulk before makeing such report as aforesaid shall upon proof
made thereof by Two sufficient and Lawfull Evidences forfeit
his said ship or Vessell with all her tackle furniture and Ammu-
nition one third unto their Majesties one third unto the Governor
and one third unto the informer to be sued for in any Court of
Record within this Province by byll Plaint or Information
wherein no Essoygne Protecion or wager of Law shall be
allowed And also all such good's as shall be Landed without
Entry made as aforesaid shall be in like manner forfeited one
third unto their Majesties one third unto the governour and one
third unto the informer to be sued for as aforesaid And be it
further Enacted by the authority aforesaid that all Masters of
ship's or Vessells that are within this Province and doe not
belong unto the same or any part thereof and bound to any Port
within or without this Province shall before they take any
Merchandises above Expressed come to such place or places as
shall be appointed for the Collecting of the rates and duty's
Established by this Act, and there make entry and report of
their design and enter into bond in the vallue of One thousand
Pounds Currant mon'y of New York, with sufficient Surity's that
they shall not take on board directly or indirectly any goods or
Merchandises afore receited and Expressed without such Permit
or certificate from the Collector or any haveing authority under
him, for the same, and if they doe take on board any goods or
Merchandises afore recited- and Expressed contrary to the true
intent and meaning of this Act then they shall forfeit their
said bond to be sued within three month's after such fact Com-
mited or otherwise to be voyd and of no force and virtue And all
Master's of shipp's, sloop's boat's, or any other Vessell's belong-
ing to this Province' and its dependencies shall once in the year'
repair to the custom' house or to other place or place's that shall
be appointed for that Purpose and there enter into bond to the
vallue of One hundred pound's Currant mony aforesaid that
they shall not directly or indirectly take on board and carry
away out of this Province any of aforesaid good's and Merchan-
dizes without first makeing entry thereof and paying such
292
LAWS OF THE COLONY OF NEW YORK.
Rates and duty's as are before recited and Expressed,
And if they do take on board any of the aforesaid
good's and Merchandises without makeing entry thereof or pay-
ing the rates and duty's aforesaid then the said bond shall be
forfeited, And for the due and orderly Collecting of all Duty's
of Excise hereby given and granted Be it further Enacted by the
authority aforesaid that all Retailers of wyne Rum Brandy or
any other strong Liquors within this Province or dependencies
shall upon their Purchase and Receipt of all such Liquor or
Liquor's before Expressed and Excissable come to the office or
offices of the excise and there or with him make entry of all such
Liquor or Liquor's as they shall buy or receive and pay such
duties as are hereby appointed within twenty-four hours' or at
such Convenient time as the Officer of the Excise shall appoint
and on default thereof all such Liquors as Shall be found in any
Retailers House or wharehouse seller or other place, belonging
unto him within this Province or dependencies and have not been
duely entered and Payd the duty's and Excise, as aforesaid then
and in such case upon the Testimony of two Evidences before any
Justice of the Peace within this Province and dependencies the
said Retailer or Retailer's so Offending in the Premisses shall
forfeit all such Liquors and three times the vallue thereof one
third to their Majesties one third to the governor and one third
to the Informer who shall Prosecute the same before any Justice
of the Peace throughout this Province and dependencies who are
hereby authorized and empowered to hear and determine the same
and if need be to Issue out their warrants for the seizing and
condemning of all such Liquor's forfeited as aforesaid. And for
Commiting to goale all such Retailers of Liquors who have not
entered and Payd the duty's of excise in manner aforesaid there
to remain without bayle or mainprise untill they shall satisfye
and make payment of three times the vallue of such Liquors
seized and forfeited as aforesaid And be it further Enacted by
the authority aforesaid that if any Person or Persons within this
Province and dependences not being duely Lycenced shall at any
time hereafter Presume to sell by Retaile any of the Liquors
aforesaid that is to say a Less Quantity at one time Than five
gallons the Person soe offending shall forfeit and Pay the sume
of five pounds Currant mony aforesaid for every such offence
being thereof convict by the oath of two or more Evidences to
be sued as aforesaid before any Justice of the Peace throughout
the Province and to be imployed in such manner and Proportion
as aforesaid, Alway's Provided that it is the true intent and
meaning of this Act that no Retailers of Liquor's under five gal-
lon's or any other that sell any Liquor or strong liquors shall
LAWS OF THE COLONY OF NEW YORK.
293
take any such liquor into their houses, sellers or Warehouses or
into any other place, belonging unto them in New York and
Albany but by the hands of the sworn Porter's under the pen-
alties aforesaid to be sued and Recovered for the uses aforesaid
in manner and form' as aforesaid Provided alway's and it
is hereby understood, that there shall be no duty payd nor for-
feiture upon any goods or Merchandizes That are not Landed
within this Province' or Immediately transported again' without
being Landed or sold in this Province and Dependencyes Alway's
Provided that all Merchant's Quallifyed to trade by the acts of
Navigation and Regulateing the Plantation trade. Comeing into
this Province or any parts thereof Be well and Honestly treated
and Demeaned for such things as by this Act is granted without
oppression to be don' to them Paying the duty's aforesaid.
[CHAPTER 25.]
[Chapter 25, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Fowler's Bradford, p. 74. Title only
is printed in Baskett, p. 18. Continued by ch. 45. For note in reference
to this act, see Fowler's Bradford, p. CXXVII.] ·
An Act for the Encourageing A Post
Office.
[Passed, November 11, 1692.]
Whereas their most Excellenct Majesties by their Letters Pattent
under the Great Seal of England bearing date the Seaventeenth
day of ffebruary in the year of our Lord one thousand Six hun-
dred ninty one hath given unto Thomas Neal Esqr his Executors
Administrators and assigns full power and authority to Erect
Settle and Establish within the cheif part's of their said Majes-
ties Collony's and Plantations in America an Office or Offices
for the Receiveing and dispatching of Letters and Pacquets and
to receive, Send and deliver the Same under Such Rates and
Summes of money as the Planter shall agree to give &c to hold
and Injoy the same for the term of One & twenty year's which
Such powers and Clauses as are necessary on that behalfe as
by the Sayd Letters Pattents Relation being thereunto had may
more fully and at Large apear'. And Whereas Andrew Hamil-
ton Esqr is Deputed and Constituted to governe & manage the
Said generall Post Office for and throughout all their Majesties
Plantations and Collonyes upon the main Land or Continent of
America and Islands adjacent Thereunto, pursuant to the direc
tions of The Said Letters, Pattent's, And Whereas he the Said
Andrew Hamilton hath made aplication to his Excellency The Gov-
ernour and Councill and Representatives Convened in Generall
294
LAWS OF THE COLONY OF NEW YORK.
Assembly that they would Ascertain and Establish Such Rates and
Summes of mony upon the Letter's and pacquett's that shall be
received and dispatched by the said Office and Offices for the
Effectuall Encouragement of the said generall Post Office And
for the Quicker mainteinance of mutuall Correspondencey
amongst all out Neighbouring Collony's and Plantations afore-
said and that Trade and Commerce may be the better preserved.
Be it therefore Enacted by the Governour and Councill and Rep-
resentatives Convened in generall Assembly and by the authority
of the Same That there be from henceforth, A generall Letter
office erected and established in Some Convenient places within
this City of New York from whence all Letter's and Packquet's
whatsoever may be with Speed and Expedition Sent into any
part of our Neighbouring Collony's and plantations on the main
Land and Continent of America or to any other of their Majes-
ties Kingdom's and Dominions beyond the Sea's at which Said
office all returns and answers may be Likewise received, And
that one Master of the Said generall Letter office shall from time
to time be apointed by the said Andrew Hamilton, which Said
Master of the Said Office or his Servant or Agent and no other
person or persons whatsoever Shall from time to time have the
reciveing, takeing up, ordering dispatching, Sending post or
with Speed, and delivery of all Letters and Packquets whatso-
ever which Shall from time to time be sent to and from all and
every of the adjacent Collony's and Plantations on this main'
Land and Continent of America or any other of their Majesties
Kingdoms and Dominions beyond the Seas where he the Said
Post Master Generall Shall Setle or cause to be Setled Posts or
Runing messenger's for that purpose, except Such Letters of
Merchants and Masters which Shall be sent by any Masters of
any Ship's, barques, or other Vessells of Merchandize or by any
other person imployed by them for the carriage of Such Letters
aforesaid according to the resepective directions as also to
Except Letters to be Sent by any Private friend or friend's in
their way's and Journey's or Travell or by any Messenger or
Messengers, Sent on Purpose for or concerning the private
affaires of any person or persons. And be it further Enacted
by the authority aforesaid that Such Post Master for the time
being and noe other person whatsoever Shall prepare and
provide horses and furniture to Let to hyre unto all
through Post's and PerSon's Rideing in Post with commission or
without to and from all and Every of the adjacent Collony's and
Plantations on this main' Land or Continent in America, where
any Post Road's are or Shall be Setled and Established, And Be
it further Enacted by the authority aforesaid that it Shall and
LAWS OF THE COLONY OF NEW YORK.
295
may be lawfull to and for the Post Master generall aforesaid and
his Deputy & Deputy's by him thereunto Sufficiently authorised,
to demand have, Receive and take for the Portage and convey-
ance of all Such Letters which he Shall Soe convey, carry or
Send Post as aforesaid, & for the Providing and furnishing horses
for through Post's or Persons rideing in Post as aforesaid accord-
ing to the severall rates and Summes of Currant mony of this
province hereafter mentioned not to Exceed the Same (that is
to Say) that the Post of every Single Letter to or from Europe
the west Indies or else where to and from beyond the Sea's, nine
pence Currant mony aforesaid, and Soe in proportion to the
greatness or Quantity of Said Letters and for the Post of Every
Single Letter from Boston to New York or from Maryland to
New York nine pence currant mony aforesaid, and Soe in pro-
portion as aforesaid, and for the post of every Single Letter from
Virginia to New York twelve pence currant mony aforesaid, and
So in proportion as aforesaid, and for the post of every Single
Letter to or from any place not exceeding eighty miles distance
from New York four pence halfe penny currant mony aforesaid
and Soe in proportion as aforesaid, and for the more effectuall
encouragement of the said generall post Office Be it further
Enacted by the authority aforesaid That all of the Respective
Post Masters that Shall be Setled in the respective Stages for
the Purpose aforesaid throughout the Province Shall dureing
the space & time that this Act Shall be in force be freed and
Exempted from excise and all Publick services whatsoever Except-
ing the Post Master of the City of New York who is only exemp-
ted from publick Services, And be it further Enacted by the
authority aforesaid that no Person or Persons whatsoever or
body Politick or Corporall other then the Post Master generall
aforesaid Shall presume to carry Recarry or deliver Letters for
hire other then as before excepted or to set up or imploy any foot
post horse, Post or Pacquet boat whatsoever for the Carrying
conveying and Receiveing of any Letters or Pacquets by sea or
Land within this Province, or shall provide and maintain horses,
and furniture for the horses of any through Post's or Person's
Rideing Post with a guide and horn as is usuall in their Majties
Realme of England upon payn' of forfeiting the Summe of One
hundred pound's Currant mony aforesaid, for every Severall
offence against the Tenour of this present act to be Sued and
Recovered in any Court of Record within this Province by byll,
plaint, or Information wherein no Essoine, protection or wager
of Law Shall be admitted, one halfe of the Sayd forfeiture to the
Governour and the other halfe to the Post Master generall,
who shall Sue and prosecute the Same. Be it further Enacted
296
LAWS OF THE COLONY OF NEW YORK.
by the authority aforesaid that all 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 Letter's as are before excepted, Shall 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 Servant's and by him 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-
withstanding Provided alway's that nothing herein mentioned
Shall be in force any Longer then three year's next and after the
publication hereof any thing to the Contrary hereof in any way's
notwithstanding.
[CHAPTER 26.]
[Chapter 26, of Livingston & Smith and Van Schaack, where the act
is printed in full. Printed in full in Fowler's Bradford, p. 69; Baskett,
p 13. The act was 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. CXXV.]
AN ACT for the Setling of ffaires' and
Marquets' in each respective Citty and
County throughout the Province.
[Passed, November 11, 1692.]
WHEREAS great inconvenience doth arise to the Inhabitants'
of the Province for want of certain Marquet day's in each
respective City and County throughout the same, and the trade
of the Province is likewise very much discouraged for want
thereof, as well as for the Want of Publick ffairs' in each 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 all the Inhabitants aforesaid, BE IT THEREFORE ENACTED
by the Governour and Council and Representatives convened
in General 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 Ulster 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 Lawful for all and every the Inhabitants
and sojournours' of this Province to goe frequent & resort and
LAWS OF THE COLONY OF NEW YORK.
297
thither to carry all sorts of Cattle grain Victuall, Provisions
and other necessarys' togeather with all sorts of Merchandize
whatsoever and at the Publick marquet place that 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 sunn-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 throughout
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 all and Every Person or Persons Inhabi-
tants Strangers 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 all sorts
of Cattle horses Mairs, Colts, grains Victualls Provisions and
other necessarys togeather with all sorts of Merchandize of what
nature soever and them to expose to sale or Barter in Gross or
by retaile at the times houres and seasons that governours or
Rulers of the said Respective fairs for the time being shall pro-
claim & apoint. And be it further Enacted by the authority
aforesaid that there be kept yearly for the City and County of
New-York, two fairs at the City of New-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 all 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 following being in all 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 flat-
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 all four days inclusive and no Longer. AND also that
there be held and kept two 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 all 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 all four dayes inclusive and no Longer.
And also that there be held and kept two ffairs yearly for the
County of Suffolk on Long-Island, the first ffair to be held annu-
ally at Southampton, the first Tuesday of July in every year, and
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298
LAWS OF THE COLONY OF NEW YORK.
to end on the fryday then next following being in all four days
inclusive, and no Longer and the second fair at southold to com-
mence the second Tuesday of September and to end upon the
Fryday then next following, being in all four days inclusive and
no Longer. And also that 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 all 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 ffryday following being in all four dayes inclu-
sive and no Longer. And also, that there be held and kept two
fairs yearly for the County of Ulster, the ffirst to be kept at
Kingstown the Third Thursday in March, and to end on the
Saterday next then following being three 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 all 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 all 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 the last tuesday in June and to
end on the Friday following being in all four days inclusive and
no Longer, And the second fair to be kept at the sd place on the
last tuesday in Septemb. and to end on the friday then next fol-
lowing being in all four days inclusive and no Longer. All
which ffairs at the times and places, aforesaid in each respective
County, respectively shall be holden, together with a Court of
Pypowder and with all Liberty's and free customs to such fairs
appertaining or which ought or may appertain according 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 mentioned 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 Governours or Rulers of the said ffairs Respectively which
governor or Ruler so appointed and Commissionated as aforesaid
is hereby authorized and impowered TO HAVE AND TO HOLD
a court of Pypowder togeather with all Libertyes and free Cus-
toms to such appertaining, AND that they and Every of them
may have and hold them at their and every of their Respective
A
LAWS OF THE COLONY OF NEW YORK.
299
places aforesaid their and every of their respective Courts the said
dayes from day tỏ day and hour to hour, from time to time all
Occasions plaints and pleas of a Court of Pypowders together
with summons attachments Arrests, Issues, fines Redemptions
and Commodityes and other rights whatsoever to the same
Courts of Pypowder any way appertaining without any impedi-
ment set or hindrance whatsoever ALWAYS PROVIDED 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 being fined for the same, nor
that said Governor or Ruler shall not hold 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 FURTHER ENACTED by 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 sufficient
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 every 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 have 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 Coft, 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 all
the said Partyes' and the Colour with one speciall mark at the
300
LAWS OF THE COLONY OF NEW YORK.
·
leaft of every such horse Maire gelding or Colt in pain to forfeit
at and for every default contrary to the intent hereof the sume
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 Governour
or Ruler of the said ffairs who shall then cause anoate to be made
of the true Numb of all horses, Mares guildings and Colts sold at
the said ffair and shall there subscribe his name, upon pain to
him that shall make default therein to loose and forfeit for every
default the sume of forty shillings Currant Money aforesaid
and also to answear the Party grieved by reason of the same
his negligence in every 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 summe of nine penc the one
halfe to be paid by the buyer the other halfe by the seller,
PROVIDED alway's that nothing herein contained shall be taken
or construed to infringe upon the rights and Privileges of the
City of New-York and Albany and Ranslaer Wyck, but that the
mayor and aldermen and the Proprietor of the Mannor, of
Ranslaer Wyck of their 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 any thing herein contained to the contrary hereof in
any ways notwithstanding.
[CHAPTER 27.]
[Chapter 27, of Livingston & Smith and Van Schaack, where 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
Estates, and Regulateing the Probate of
Wills and granting of Letters of Adminis-
tracon.
[Passed, November 11, 1692.]
WHEREAS as the Right's of Orphants and the Estates of Such as
dye Intestate throughout this Province and Dependencyes
are often concealed wasted Embazilled and destroyed to the Utter
ruine of many Orphans and the Prejudice 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 THEREFORE
LAWS OF THE COLONY OF NEW YORK.
301
ENACTED by the Governour and Councill and Representatives,
Convened in Generall Assembly and it is hereby Enacted by the
authority of the same 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 elected and appointed
in each Respective Town throughout the Counties within this
Province two able and Sufficient free holders who Shall upon the
death of any Person or Person's in their respective Towns' repair
unto the house place or Habitation where the deceased did reside
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 elected or appointed in each respective Town
as aforesaid to make Strict and dilligent Search and inquiry into
all 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 County where Such
intestate dyed, who shall by the Governour for the time being be
deligated on Purpose for superviseing Intestates Estates, &c in
each respective County throughout 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 has come 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 Town
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 Same 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
have 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 County-Delegated as
aforesaid Shall only have the Administracon and care of the
said justices estate and the same shall secure as aforesayd,
for the use benefit and behoofe of the said Orphan's, and not
+
302
LAWS OF THE COLONY OF NEW YORK.
otherwise and the sayd Intestate's Estates Soe Inventoryed as
aforesaid Shall cause to be well secured and improved to the
best advantage for the behoof of the said Orphans untill they
marry or come to the age 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 the Capacity
of the Sayd Intestates Estate, and not otherwise, AND be it
further Enacted by the authority aforesaid that the Probate of
all Wills and Letters of Administration shall be from hence
forth granted by the Governour or Such Person as he shall Dele-
gate under the seal of the Prerogative Office for that purpose
apointed and that all Wills relating to any Estate within the sev-
erall County's of Orange and Richmond West Chester 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, and to Prevent
the great charge and Inconveniency's of bringing witnesses so
far, the court of Common Ples 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 all 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 Comon Pleas or upon any Extraordinary occasion
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 determine the same, and if any be
unsatisfyed with their Proceedings therein 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 the
LAWS OF THE COLONY OF NEW YORK.
303
Person makeing such will or of the Intestate on which 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 PROVIDED 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 & Smith and Van 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 by 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 benefit 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 Regulation & 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 Govenour & Councill and Representatives Con-
vened in General Assembly, And it is hereby Enacted and
ordained by the authority of the Same That Every Justice of the
Peace that Resides within any town or County within this
Province are hereby fully impowered and authorized to have
Cognizance of all Causes, Cases of debt and trespass, to the vallue
of forty Shillings or under, which Causes and Cases Shall be
heard tryed and finally determined without a Jury by every
Justice of the Peace that resides 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 determine the same In
the defendants absence and to grant Execution thereupon against
the defendants Person or for want thereof his Estate which
the Constable of the town or precint or his deputy Shali 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 discourageing 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 the 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 Ulster 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 at
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 on the last Tuesday in March at
Southampton and on the Last Tuesday of Septembr at Southol·le
which Generall Sessions of the Peace in Each respective City
and County aforesaid Shall only hold and continue for the Space
and time of two day's and no longer. And for the more Regular
and 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
Common Pleas in Each Respective County aforesaid at the times
and places hereafter named and mentioned (that is to say) at
Such places in each Respective County as the said generall ses-
sions of the peace are to be kept, and to begin the next day after
the Session Terminates and 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 and that the
Severall & respective Courtstof Pleas hereby Established Shall
have power and Jurisdiction to hear, try and finally
determine all actions or cause of accons, and all 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 try-
able, and the nature and kind thereof doth not reiate 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 value 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 Court's of Mayor's and Aldermen of the respective
Citty's of New York and Albany Shall have in each of their
respective Citty's, the powers and authority's to hear try and
finally to determine all Such Suit's and actions of their Corpora-
tion's as is commonly Cognizable before them, from which finall
determination there Shall not be any apeale or removeall by
habeas Corpus, of any person or of any 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 Com-
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 declarations 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
all process and writs of what nature soever for the Command
of Persons to apear and to execute the Judgement's and Execu-
tions of the respective Courts aforesaid shall be directed to the
respective Sheriff's of Each County aforesaid, and Executed by
39
306
LAWS OF THE COLONY OF NEW YORK.
them their undersheriff's or deputy or deputy's, and all 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
each 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 all Action's
and cause of action's ariseing within the Libertie's of the Said
town to the vallue of ffive pound's and under any thing herein
contained to the contrary hereof in any way's notwithstanding,
And that all their Majesties Subjects inhabiting within this
Province may have all the good, propper, Just ease, and bene-
ficiall ways, for the Securing and Recovering their
Just rights and demands within the same. 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 have Cognizance of all pleas
Civill Criminall and mixt, as fully and amply to all intents and
purposes whatsoever as the Court's of Kings Bench Common
Pleas and Exchequer within their Majesties Kingdom's of Eng-
land, have or ought to have, in and to which Supream Court all
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 Court's of Mayor
and Aldermen, Sessions of the Peace, and Common pleas, any
Judgement Information or indictment there had and depending,
Provided alway's that the Judgement removed be upward's of the
vallue of Twenty pound's out of the office of which Supreme
Court at New York aforesaid all process Shall Issue out under
ye test of ye Chief Justice of the said Court and to which office
all return's Shall be made, which 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,
annually and every year, 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 Suffolk the third Tuesday in August, and for the County of Rich-
LAWS OF THE COLONY OF NEW YORK.
307
mond the Second Tuesday of June, And be it further Enacted
by the authority aforesaid that all and every of the Justices
or Judges, of the Severall Court's aforementioned be and are
hereby Sufficiently impowered to make, ordain and Establish all
Such Rules and order's for the More Regular Practiceing and pro-
ceeding in their said Court's as fully and amply to all intents
and purposes whatsoever as all or any of the Judges of the
Severall Court's of the King's Bench, Common Pleas, and Exche
quer, in England Legally doe, Provided alwayes 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 defend-
ants fault for want of Plea or answer unless the fact be found
by the verdict of twelve men 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 Commissionated 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 ar
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 determine all 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 Contrary 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 place's in each respec-
tive County than two day's & no Longer. And be it further
Enacted by the authority aforesaid that there shall be
a Court of Chancery within this Province which Said Court Shall
have power to hear and determine all 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 depute 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 all necessary
officer's 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 this Province may have
Liberty if he or they see meet, to make his or their apeale or
apeal's from any Judgement, obtained against him or them, in
Case of Error in the Severall Courts aforesd in such manner and
form 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 value of Twenty
pound's, And from the Supream Court at New York to the Gover-
nour and Council 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 pay all Costs of Such Judgements or decree from which the
Apeale ariseth, And Enter into Recognizance with two Sufficient
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 all the
Reall and Personall Estates within the
Pvince &c to be allowed unto his Excellency
the Governor for his care of the Province.
[Passed, November 11, 1692.]¹
ì
The Representatives Convened in generall Assembly in all
humble and dutifull acknowledgment of their Majesties most
gratious favour and reguard to the subjects of this Province by
LAWS OF THE COLONY OF NEW YORK.
309
Commissionateing and appointing over them a Person to be their
Governour who is Endued with most Excellent Quallityes, and
hath given most signall demonstration of his Constant, Loyalty
and fydelity unto their Majesties by his Prudent care and conduct
since his arrivall into this their Majesties Province, and who by his
unwearied vigilance has visited the frontiers of the same and
hath put them into such Posture as that all the subjects are in
safety, though Invironed with a powerfull Enemy, in the deepest
sence, whereof Become humble supplyants unto their most Excel-
lent Majesties and Pray that they would be graciously pleased
to accept as a toaken of their most Loyall and sincere effection
unto their Majesties and their Government Established here,
one penny for Every pound vallue of all the reall and Personall
Estates of all and Every the freeholders and Inhabitant within
this their Majesties Province and Dependency's and doe likewise
humbly pray that your most Excellent Majesties would be
pleased to give and allow the same unto Benjamin ffletcher Esqr,
Captain Generall and Governor in chief' in and over their Majes-
ties Province of New York and Terrytoryes thereon depending
in America, and pray that it may be so Enacted Be it therefore
Enacted by the Governour and Council and Representatives
Convened in General Assembly and by the authority of the
same that there be assessed, Levied, and Collected, one penny
for every pounds vallue of all the Reall and Personall Estates of
all and every the ffreeholders and Inhabitants within 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 Penny for every pounds
vallue of all the reall and Personall Estates as aforesaid to be
assessed, Levyed, collected and payd unto their Majesties
Receiver generall, at New York at or before the first day of
Septemb next, which 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 then next following which shall 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 within the City of New York for
the time being and the Mayor and Aldermen within the City of
Albany for the time being and the Justices of the Peac' for the
time, being for the severall and respective County's within this
Province for the severall County's respectively for the which
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.
the
houses for the severall respective Citys and County's, or such
other place or places as they shall agree amongst themselves 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
the sayd Mayors and Aldermen And
Justices of the
of the Peac' shall seem meet and reasonable,
And forasmuch as there are severall mannors, and
Jurisdictions within
respective County'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 all 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 further 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, have and
shall have 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 assess
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 deny neglect or unequally or Parcially assess or refuse to
make such assessment as by this Act is required or shall deny
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 lawful for any two Justices of the Peace of
the City's and County's where such offender shall happen to
•
LAWS OF THE COLONY OF NEW YORK.
311
Q
dwell or reside and who by virtue of this Act are required and
impowered to doe the same by warrant's under their hands And
scales 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 the Common Goale
there to remain without Bayle or mainprise till he or they
make fyne 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 be raised
and Levyed shall deny, refuse or delay to pay and satisfye the
same that then it shall and may be lawful for any such Col-
lector by virtue of a warrant under the hand and seale of any
Justice of the Peace for the Citty or County where such offenders
shall dwell, or reside 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, Empowered and
authorized 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 neglect or refuse or delay to
doe Perform fulfill and Execute all and every or any the
duty's, powers and authority's by this act required and impow-
ered by him or them to be don' Performed fullfilled or executed
and shall thereof be convicted before his Excellency the
Governor and Capt. Generall and Council 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 discre-
tion of the said Governor and Capt. Generall and Council and the
Justices of the said Court's shall be adjudged. And be it further
Enacted, by the authority aforesaid that if any action, byll,
plaint or Information shall be brought moved or Prosecuted at
any time hereafter against any Person or Persons for any 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 guilty,
and give this act and the special matter in Evidence and if the
Plaintiff or Prosecutors shall be Nonsuited or forbear further
Prosecucon or suffer discontinuance or verdict to pass against
him the defendant, and defendts shall receive tribble cost for which
312
LAWS OF THE COLONY OF NEW YORK.
they shall have the like remedy, as in case where cost by the
Law are given to defendant's. Provided alway's that no Mayor
Aldermen, or Justices of the Peace, shall be troubled, sued Pro-
secuted 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 con-
tained herein to the contrary thereof in any wise notwithstand-
ing. Alway's Provided and be it further Enacted by the author-
ity aforesaid the severall Collectors of each Respective City and
County as aforesd shall have Liberty to pay the Severall respec-
tive sumes assessed as aforesaid at the times & day's aforesaid
in currant mon'y of New York, or for want thereof in good suffi-
cient 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 have been continued
by ch. 57.]
AN ACT for the satisfiing and Paying
the debts of the government.
[Passed, November 11, 1692.]
The Representatives convened in generall Assembly being
willing that all such that have advanced mony for the support
of the government should be well and truly payd and Satisfyed
and for that purpose have agreed that the Rate and dutys here-
inafter mentioned should be Levyed and Collected, and pray that
it may be enacted Be it therefore Enacted by the Governour and
Council and Representatives convened in generall Assembly
and by the authority of the same that the Rates and duty'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 payd to such Person or Persons.
who are now the present Creditor's and have advanced mony as
aforesaid their Executors Administrators or assignes in two
years from the Publication hereof in Eight Quarterly payments
LAWS OF THE COLONY OF NEW YORK.
313
two
and in Equall Proportions according to the greatness and Small-
ness of the sumes due without any Priority or respect to Persons
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 payment 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 all other duty's charges and impositions by
any former act and acts set
set & imposed (that is to
say) the rate and duty of
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 wyne 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 all 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 form and by such Rules
allowances, way'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 Present 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 sums of mony Collected and
received by sundry Persons and not paid unto their Majesties
Receiver generall And also that there are severall Persons that
continue and remain indebtd for the severall duty's and impo-
40
314
LAWS OF THE COLONY OF NEW YORK.
sitions & excise upon Liquor's which was formerly Established
by the Late government for the defraying the Publick Charge
thereof and that it is most reasionable and just that all the
arrear's of the same should be raised Levyed, Collected answered
and payd unto their Majesties Receiver generall, for and towards
the payment of the debts aforesaid, Be it therefore enacted by
the Authority aforesaid that all and every Person or Person's
who have received any sume or sum's of mony from any of their
Majesties subjects, 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 all 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 come unto their Majesties Receiver Gen-
erall, at New York and there accompt with him for all 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 any Person or Per-
sons shall refuse or neglect upon summon's of their Majesties
Receiver generall to account and pay the sumes of mony found
due in arrears as aforesaid it shall then be lawful for their
Majesties Receiver generall who is hereby authorized to do the
same, to issue out his warrant under his hand & seale to make 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 outcry and the produce thereof to take
untill he be satisfied for the summes of money due and in arrears
as aforesaid, all which sume & sumes of mony soe received by
him shall be payd and imployed, to the uses aforesaid and in
such manner and form aforesaid and to no other use intent or
purpose whatsoever and all 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 all 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 all Merchants and other's who are to pay the addi-
tionall rates, and Duty's hereby established shall have the time
of three month'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.]
[Chapter 30, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Fowler's Bradford, 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.]
WE
AN ACT for the Raiseing six Thousand
pound's for the Payment of Three hundred
Volunteers 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 year of our Lord 1694.
[Passed, April 10, 1693.]
HEREAS upon the first day of May next the time doth Expire
wherein the forces lately raised for the defence of the fron-
tier's 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 necessity that they should from the
said time be well Reinforced not only for the Preservation of this
Province but also for the security and defence of all their Majes
ties Subjects in the Adjacent Collonyes, and to the end that the
said Purposes may be well and Truely Effected, the Representa-
tives Convened, in Generall Assembly doe pray that his Excel-
lency would Levy or cause to be Levyed in this and the Adjacent
Collony's Three hundred Effectual 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 say) That his Excel-
lency doth forthwith upon the Publication hereof raise or cause
to be raised as aforesaid Two hundred Effectual men voluntiers
which are to be formed into four Companys of Souldier's 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 May then next following
that shall be in the year of our Lord one thousand six hundred
ninty and four And also that his Excellency shall likewise raise
316
LAWS OF THE COLONY OF NEW YORK.
One hundred Effectuall men Voluntiers more, which shall like-
wise be added to the four Companys aforesaid in equal Propor-
con and Posted at Albany as aforesaid and there only to Continue
and remain from the first day of November next ensueing untill
the fifteenth day of March then following and no Longer. And
that his Excellency may be the better Enabled to make such
Levyes as aforesaid The Representatives Convened in generall
Assembly doth pray that it may be Enacted And be it therefore
Enacted by the Governour and Councill and Representatives
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 all and every of
the Inhabitants Residents and ffreeholders, of and in this Pro-
vince &c for the paying and maintaining of the said three hun-
dred Voluntiers and their Officers together with the Incidentall
charges that shall arise thereon according to the establishment
hereunto annexed and not otherwise and for no 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 fifty pounds being their Quota and Pro-
porcon of the Levy of six thousand pounds aforesaid, for the
County of Suffolk in the Island of Nassaw 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 thirty pound's being their Quota' and Pro-
porcon as aforesaid, for the County of
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, all 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 mony aforesaid being the one
moytie or equall halfe part of the said six thousand pound's at
LAWS OF THE COLONY OF NEW YORK.
317
or before the nine and twentieth day of September next being
the ffeast day of St. 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 ffeast day of
the Anunciation of the blessed Virgin Mary, which shall
be in the year of our Lord One thousand six hun-
dred ninty & four under the paines and Penalties
hereinafter mentioned. And that the said sume 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 hereby 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 houses for the severall respective City's and County's or
such other Place or Places, as they shall agree 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
County aforesaid, Be the assessors and Collectors for the
Assessing Collecting and receiving the sume or sumes 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 afore
said who neglect and doe not Elect annually or once Every
year assessors and Collector's whereby the intent of this act
may be frustrated Be it therefore Enacted by the authority afore-
said that if theRespective manners, and Jurisdictions within the
severall County's aforesaid shall refuse or neglect to Elect
Assessors and Collectors 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 hereby impowered and
authorized to Nominate and appoint assessors and Collectors
for Such mannors and Jurisdictions as shall neglect or refuse
318
LAWS OF THE COLONY OF NEW YORK.
as aforesd which assessor's and Collectors shall to all intent's
and Purposes observe the directions of this act any thing con-
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 Citys and County's mannors and Jurisdicons have and shall
have 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 sumes of mony in form before
mentioned assessed that then and in such Case it shall and may
be lawful for any two Justices of the Peac' of the City's and
County's where such Offenders shall happen to dwell or reside
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 sumes of mony by virtue of this act to be raised and
Levyed shall deny' refuse or delay to pay and satisfye the same
that then it shall and may be Lawful 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 reside 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 with the cause
of such takeing left at the house or other most known' Place
where the distress was made come and pay to the Collector and
LAWS OF THE COLONY OF NEW YORK.
319
Receiver 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
apprazers to appraise the same, 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 Chattell's 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 Perform' fullfill and Execute
all and every or any the. duty's, Powers and authoritys by this
act required and impowered by him or them to be don Per-
formed fullfilled and Executed and shall thereof be Convicted
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 discretion 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 shall 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 whatsoever 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-
ance or verdict to pass against him, the defendant or defdts
shall receive tribble cost for which they shall have the. like
Remedy as in Case where cost by the Law are given to defend-
ants. Provided alway'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 within
the space of one Year after such Omission Offence or neglect
and not at any time hereafter any thing contayned herein to
the contrary hereof in any way'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 have Liberty to pay the severall and respective
320
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's 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 sworn' Packer 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,
well repackt by the sworn' Packer of New York aforesaid, the
barrell to contain' thirty one gallons and halfe Winchester
measure at Least, good Merchantable winter wheat' 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 there be only 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
contrary 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. from the first day of May
1693 untill the ffirst day of May 1694.
4 Capts. at 8s P Diem...
4 Lieut at 4s P Diem.
4 Lieut at 3s P Diem.
1 Chirurgion at 2s 6d P diem..
•
L
S.
D.
1.
12.
0. 16.
0. 12.
0. 02.
6.
0.
02.
6.
0. 02.
6.
0. 18.
0.
04.
0.
04.
0.
04.
0.
04.
164 Private Centinells 12d P diem.
8.
04.
P diem 13.
13.
6.1
·
1 Commissary for the Store P diem.
1 Commissary for Muster
12 Serjeants at 18d P diem.
12 Corporells at 12d P diem.
4 Drums at 12d P diem..
4 Clerks at 12d P diem..
4 Montrosses at 12d P diem.
FFFFF
LAWS OF THE COLONY OF NEW YORK.
321
for 365 days is.
100 Private Centinalls for 135 day's at 12d P
diem.....
Hospitall for sick soldiers Transportation...
Provision for the transportation bedding Levy
mony
•
for the pay of Town's Mayor at Albany for 365
day's at 4s P diem..
L.
S.
D.
4991.
6%!
675.
0.
0.
333. 12.
0.
260. 12.
6.
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 have 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. CXXXVI.) For note in refer-
ence to this act, see Fowler's Bradford, p. CXXVIII.]
AN ACT for calling Long Island the Island of Nassaw.
BE
[Passed, April 10, 1693.]
E IT ENACTED by the Governour 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 from hence forth be called the
ISLAND OF NASSAW. And that after the publication hereof
all their Majesties loveing Subjects are hereby required in all
grants, Pattents Deeds Conveyances bargaines of Sale Bills,
Bonds Records, and other Instruments in Writeing that shall
hereafter be made granted, Conveyed, bargained, sold and exe-
cuted for or Concerning the said Island or any part or place
within the same OR in any County thereof to call and Denomi-
nate the Said Island in all such Deeds and Escripts as aforesaid
the ISLAND OF NASSAW any thing contained in any former
Act to the contrary hereof in any wayes notwithstanding.
41
322
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 32.]
[Chapter 32, of Livingston & Smith and Van 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 Journals of Legislative Council, p. 39.) For note in reference
to this act, see Fowler's Bradford, p. CXXVIII.]
THE
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.]
HE Representatives convened in General Assembly being
sensible of the great charge that is requisite for the present
support of the Government in this time of Warr, and being also
willing at all times to manifest their most dutifull Affections
unto their Majesties with an humble and thankfull Acknowledg
ment of their Majesties most gracious and tender regard to ye
subjects within the same have cheerfully and unanimously given
and granted unto their Majesties an aid and assistance for the
better defraying the necessary charge, of the Goverment to be
raised and Levied upon all such goods, wares and Merchandises.
that shall be brought unto their Majesties Beam in the Weigh-
house at New-York, according to such rates and Duty's & dureing
such time and in such manner and form as herein after follow-
eth. AND they humbly pray that it may be enacted, and
be it therefore enacted, by the Governour and Council and
Representatives convened in Generall Assembly) and it is hereby
Enacted by the Authority of the same that all 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 Collector and receiver General
for the time being or to such Person or Persons as he shall author-
ise for the attending and receiveing the same the rates and
duty's hereafter named established and expressed that is to say,
for all Sorts of silk ware about one hundred weight nine Pence
F hundred weight, floret or worsted, the same Cochannella the
Same, Saffron the same Indigo Exported only six Pence P hundred
weight, nothing for Importation Confectures the same, all Sorts
LAWS OF THE COLONY OF NEW YORK.
323
of Spices the same, Spanish, Leather the same, Sugar two Pence
halfe penny P hundred weight exported nothing at Importation
Candles the same Tobacco two Pence the same sarsaparilla three
Pence the same Ivory the same, all sorts of dye wood three
halfe pence P cent weight 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 same Imported, Rosen
Two pence the same Exported only Cordage three pence the
same, Grocery ware two Pence the same, Bread one Penny the
same, flower one Penny the same Pitch two pence the same, and
that all broaken weights shall pay in Pportion accordingly.
AND BE IT FURTHER ENACTED by the authority afore-
said that all other species of goods wares and Merchandizes
that are not herein named and Expressed and shall voluntarily 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 establish'd and not otherwais. And
for the better Collecting and paying the Rates and Duty's afore
said, be it further enacted by the Authority aforesaid
that all 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 unto 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
denyed or refused to be weighed as aforesaid, to be recovered
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 successors, and the other
halfe unto the Informer or Prosecutor, who shall sue for the same
togeather with cost of Prosecution PROVIDED always that the
Regulation, nor any part thereof, shall not extend to compell any
free holder within this Province to bring his Goods to be weighed
who shall swear upon the holy Evangelist bona fiede that all
such goods exported or imported are his own proper estate, and
that no other Person hath directly or indirectly any Interest
therein, but that they are Exported or imported upon his own
324
LAWS OF THE COLONY OF NEW YORK.
proper Accot and risque which if such a Person shall be found
falcely to swear, in the Premises shall be prosecuted against as
one convicted of willfull Perjury, and that the Collector, or such
Person, as he shall appoint, shall be impowered to Administer
such an Oath.
THE THIRD ASSEMBLY.
First Session.
(Begun Sept. 7, 1693, 5 Wm. & Mary, Benjamin Fletcher
Governor.).
[CHAPTER 33.]
[Chapter 33, of Livingston & Smith, where the title only is printed, as
having been passed March 9, 1693. Chapter 35, of Van 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
Vessels that shall
settling Pylotage for all
come 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 all
vessels bound for this port and required an attendance of men
att the hook to be in readiness to pilot them in to safety be it
Enacted and ordained by the Governour and Councill and Rep-
resentatives Convened in General 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 who shall constantly attend at some con-
venient place near the Hook with a boat to give aid and assist-
ance to all Vessels bound for this Port which they are obliged
to pilot up as far as the narrows.
And be it further Enacted by the authority aforesd that for
Every ship or three mast Vessel that shall come within the hook
shall be paid six shillings Currant Money of this Province for
Each and Every foot water said ship shall draw and for every
byrkentine or Ketch that shall come 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 come within the hook shall be paid
LAWS 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 all such 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 ship 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 come off to
all vessels inward bound in order to the piloting them up as far
as the Narrows and whatever vessell shall come 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 negligence 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 March 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 Journals of Legislative Council, p. 48.) See
ch. 24. For note in reference to this act, see Fowler's Bradford, p.
CXXXI.]
AN Act confirming & continuing
unto their Majesties the Revenue Established
by an act of General Assembly made in
the 4th year of their Majesties Reign for
defraying the publick and necessary charges
of the Government five years longer than
the term therein mentioned.
[Passed, September 22, 1693.]
The Representatives convened in Generall assembly taking
into their serious consideration the extraordinary Expence that
the defence of this Province requires from their Majesties dure-
ing this term of war and being Willing on all occasions to give
Demonstration 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 General Assem-
bly made in the fourth year of their Majesties reigne Entituled
1
326
LAWS OF THE COLONY OF NEW YORK.
an act for establishing a revenue upon their Majesties for the
defraying the publick and necessary charges 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 term of the two years aforesaid, And humbly
beseech that it may be Enacted and be it further Enacted by the
Governour and Council and representatives 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 term 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 effect to all 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 Fletcher,
Governor.)
[CHAPTER 35.]
[Chapter 35, of Livingston & Smith, where the title only is printed, as
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 numbering, in
conformity with L. & S.]
An Act against unlawful by laws and
Unreasonable forfeitures.
[Passed, March 24, 1694.]
In all humble manner the Representatives of this their Majesties.
Province of New Yorke show and Complain unto our Excellency
and their Majesties Councill that the people of the Citty of New
LAWS OF THE COLONY OF NEW YORK.
327
York under colour and pretext of their Charter or Custom or
both have taken upon them to make and publish Certain by Laws,
Orders ordinations, regulation Whereby they forbid the
bringing of any Flower or Bread for Exportation to New Yorke
under the Penalty of forfeiture of the same which said Citty
being the principal Port of this Province for the sending forth
the produce and Manufacturage thereof and the Chief Market
within the same they thereby not only prohibit the Importation
and selling such flower and bread at the same Citty and obstruct
and hinder all bolting of flower and baking of bread for Exporta-
tion which are Lawful Mysteries, Crafts and Trades in all other
parts of the Province but also arrogate to themselves the sole
bolting baking Using Making- and selling of all such flower and
bread raised or to be produced within the Province and under
colour and pretence of the sd orders, by laws ordinances and
Regulations have taken condemned and converted to their own
uses divers Quantities of flower belonging to severall of their
Majesties good Subjects of this Province all which being contrary
to law, to the grievous damage and Impoverishing of many of
their majesties good people and the said by laws and orders
unresonable and of evil Dangerous and pernicious Consequence
to all their Majesties subjects of the Province they therefore most
Earnestly pray that it may be Enacted and it is hereby enacted
by his Excellency the Councill and the representatives of this
their majesties Province in Generall Assembly met and assem-
bled and by the Authority of the same that the sd pretended by
laws, orders, ordinances or Regulations of the people of New
Yorke aforesd made in the name of The mayor Alderman and
Commonality of the Citty of New Yorke or in or by any other
name or stile whatsoever and Every clause or thing in The same
or any other rule order or ordinance contained In any wise Con-
serning the restraint of Bolting of flower baking of bread or
Importing of flower or bread to New York aforsd or Concerning
or relating to the prohibiting obstruction or hinderance of the
using practicing or enjoying of any other lawful Trade Mystery
or Occupation or against the importing in or to or Exportation
from the Citty of New Yorke or any other Lawful port in this
Province any wine Corn Flower bread Flesh, fish Victuals wares
Merchandizes and and all other things vendible and not by the
common Law or Statutes of the Realm prohibited and all Process
Proceedings Judgments and Executions thereupon hereafter
to be issued, ordered Entered published or Executed shall be
utterly void and holden for none and they are hereby declared
void and null to all Intents and purposes whatsoever any pre-
tended by laws or order ordinance Custom Usage or Practice to
328
LAWS OF THE COLONY OF NEW YORK.
the Contrary hereof in any wise notwithstanding, and further Be
it Enacted by the Authority 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 presume by or under
colour of any such pretended by laws orders ordinances or
Regulations to take seize condem 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 Merchandizes
trible the value of the flower bread or other Goods or Merchan-
dizes so to be taken seized condemned 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 officer 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
tion or Interpretation 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
remaine 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.
notwithstanding.
[CHAPTER 36.]
[Chapter 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-
ing 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 Ministry
LAWS OF THE COLONY OF NEW YORK.
329
throughout the same to the end the same may be removed and
the Ordinances of God daily administred be it Enacted by the
Governour and Council and Representatives convened in Generall
Assembly and by the Authority of the same that in each of the
respective Cities and Counties hereafter mentioned and
expressed there Shall be called inducted and established a
good sufficient Protestant Minister to officiate and have the
care of souls 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 have the care of Westchester, Eastchester,
Yeanches and the Manner of Pellham, the other to have
the care
of Rye, Mamaranock and Bedford, in Queens
County two one to have the care of Jamaica and the
adjacent Towns and farms the other to have 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 annually and once in
every year in every of the respective Cities and Counties afore-
said assessed levyed, 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 fifty pounds to be paid
in Country produce at money price for the County of Rich-
mond forty pounds in Country Produce at money price,
and for the two precincts of Queen County one hundred and
twenty pounds to each sixty 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 any 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 Tuesday in January 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 said day or in any 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
42
2
330
LAWS OF THE COLONY OF NEW YORK.
Province and in case the said ffreeholders duely summoned
as aforesaid shall not appear or appeareing do not chuse the said
ten Vistry 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 them shall seem convenient
lay the said reasonable Tax on the said respective places for the
respective Maintenances aforesaid and if the said Justices and
Vestry 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
such of the Justices and Vistry men that shall not be present
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 have 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 Cityes County parishes, and
precints with a warrant signed by any two Justices of the
Peace, impowering him or them to levy THE said Tax
and upon refusal to distrain and sell by publick out cry and pay
the same unto the hands of the church wardens retaining to him-
self 12d per pounds for levying thereof and if any Person shall
refuse to pay what he is so assessed and the said constables do
strain for the same all 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
receive and keep a good Account of the Moneys or Goods Levied
by virtue of this act and the same issue by order from the said
Justice and Vistry men of the respective Cityes Counties pre-
cincts 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
Vistry men of all their receipts and disbursements and in case
the church wardens or any 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 aforesaid
LAWS 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
refusal or default the one half of all which forfeitures 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 all 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 Vestry men
and church wardens aforesaid and always provided that all for-
mer agreements made with Ministers throughout this province
shall continue and remain in their full force and virtue any thing
contained herein to the contrary 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
raised the sum of six hundred pounds Currant money of this
province for the Defraying the charges of his Excellency Expedi-
tion to Albany and the making of presents 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 Council and Repre
sentatives convened in Generall assembly and it is hereby
Enacted by the authority of the same That the additional rate
332
LAWS OF THE COLONY OF NEW YORK.
and Duties made payable upon merchandize and liquors imported
into this province by virtue of the said act shall be levyed col-
lected and paid unto their Majesties receiver Generall for the
time being at their majesties Custom house at the Citty of New
Yorke for the term and space of one whole year next and after
the Expiration of the term limited in the said act to commence
and be computed from the 14th 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 thousand six hundred ninty and five
according to such rules and Direction and under such Pains and
forfeitures as is contained and Enjoyed 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 all Intents and purposes for the payment 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 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 ways notwithstanding, allwayes pro-
vided that if the said additionall rates and duties shall during
the said Term of one whole Year amount to more than the sum of
six hundred pounds aforesd with the Interest aforesd then the
residue or surplusage 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
Intent whatsoever.
[CHAPTER 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 Albany to defray their Necessary Charge.
[Passed, March 26, 1694.]
FORASMUCH as the Inhabitants of the City and County of
Albany have 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 some suitable and Con-
venient way should be found out for the Relief and more easie
LAWS 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
Representatives convened in generall 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 all Indian Goods that are brought up 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 have power
to receive the same and to enter in a far book kept for that
purpose all such sume and sums of money as shall be so Entered
and received 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 Citty and all 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 Quantity 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 their Warrants
under his or their hand and seale for the seizing of all 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 all the sums of Money that are hereby received 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 received 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 year 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 having been passed in 1694. From
the Minutes of the Council, it appears that the act was passed March
26, 1694. (See Journals of the Legislative Council, p. 56.)]
An Act for the raising and paying one
hundred and Seaventy men for the Securing ·
the fronteers of this Province in the Citty
and County of Albany.
[Passed, March 26, 1694.]
The Representatives convened in Generall assembly do think it
necessary for the secureing the fronteers of this Province in the
Citty and County of Albany that his Excellency the Captain
Generall do raise one hundred and Seventy men with their pro-
per officers in such Quotas and proportions in each respective
Citty and County as is hereafter specified and Expressed which
shall be well provided with arms 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 which shall be in the
Year of our Lord one thousand six hundred ninety and five which
Quota's and proportions of men is as followeth viz: For the
Citty and County of New Yorke forty 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
by the Governour Council and Representatives convened in
Generall assembly and by the authority of the same that if any
person or persons who in pursuance of such warrant or Warrants
to be by his Excellency the Captain Generall issued out to the
chief Military officer or officers of Each Respective Citty 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 otherwise
1
· LAWS OF THE COLONY OF NEW YORK.
335
absent him or themselves from such Duty shall forfeit for Each
such Default the sume of five pounds currant money of New Yorke
to be levied by Distress by Warrant under the hand 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 from the Capt or chief officer of such Company
in or to which 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 shall not have 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 pounds 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 levy of two Thousand six hundred and sixty pounds
currant money of this Province be laid assessed raised and
levyed upon all and Every the Inhabitants Residents ffree-
holders of and in this Province towards the paying and
maintaining the said one hundred and seventy 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 payment 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
majesties Collector 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 thirteen hundred
and thirty pounds being the one moyety or Equall half part
of the said sum of two Thousand six hundred and sixty pounds
336
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
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 Ulster 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.]
any Delay
sd fuzileers shall be dulely and
truly
of the same upon any pretence whatsoever
October next without
And be it further Enacted by the Authority aforesaid that for
the Better assessing Raising and paying the sum of two 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
the time being for The Severall
and Respective Counties aforesd for the severall Counties
Respectively for which they 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 they shall agree 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 assessing
LAWS 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 Collectors for the assessing
collecting and Receiving the sum or sums of money herein before
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 have and shall have 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
reside 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
common 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 who 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 lawful 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
offender shall dwell or reside 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
4.3
338
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 Effectuall 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 deny refuse
neglect or delay to perform fullfill and Execute all and Every
or any the duties powers and authorities by this Act required &
impowered by him or them to be done performed 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 & Imprisonment as by the discre-
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 Defendant or Defenders shall recover
their trible Costs for which They shall have the like remedy as
in any case where costs by the law are given to defendants pro-
vided alwayes that no Mayor Aldermen or Justices 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 yeare after such o'mis-
sion offence or neglect and not at any time here-
after, any thing contained herein to the contrary hereof in any
wise notwithstanding. 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 without
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.
瞥
​LAWS OF THE COLONY OF NEW YORK.
339
THE FOURTH ASSEMBLY.
Second Session.
(Begun Sept. 25, 1694, 6 Wm. & Mary, Benjamin Fletcher,
Governor.)
[CHAPTER 40.]
[Chapter 40, of Livingston & Smith, where the title only is printed as
having been passed October 17, 1694. Chapter 40 of Van Schaack, 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
have 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
Journals 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. This 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 the 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 Representatives, convened in General Assembly, taking
into their Consideration, that part of his Excellency's Speech
Relating to the Re-inforcing the Fronteers of this Province, in
the City and County 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 such 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 day 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 term of four Kalender Months, and one,
half, to commence on the said first day of NOVEMBER, next
ensuing the Publication hereof, and to terminate and expire on
340
LAWS OF THE COLONY OF NEW YORK.
the fifteenth day of MARCH, then next following. Which
Quota's and Proportions of Men are as followeth, viz.
For the City and County of NEW YORK, Twenty five 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,
according to the Quota's and Proportions aforesaid, Be it Enacted
by the Governour and Council, and Representatives convened
in General Assembly, and by the Authority of the same. That
if any Person or Persons 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 Arms, 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 sum 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 imployed 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 have 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, there to remain without Bail or
main prize for the space and term of five Kalender Moneths, or
until 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, shall
LAWS OF THE COLONY OF NEW YORK.
341
be laid, assessed, raised, and levyed upon all 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 term of four Kalendar Moneths and one half, as afore-
said and for no other use, intent or purpose whatsoever. Tobelaid,
assessed, raised, levyed and paid to their Majesties Collector
and Receiver General for the time being, at their Majesties Cus-
tom-House in the City of NEW-YORK, on the first Day of FEB-
RUARY, 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 WESTCHESTER, Twenty five Pounds.
For the County of RÌCHMOND, 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 & DUTCHESS COUNTY, Forty four Pounds
seven Shillings.
And for ORANGE COUNTY, 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 time being, of all 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 Assem-
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 all and every Article, Rule, Clause, Pains 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 all intents and purposes, in as full and
ample manner, for the due Execution of this Act, until the above-
said sum of five Hundred Pounds be duely, 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 large
342
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 Mayor and Aldermen of the City of NEW-YORK and
all the Justices, Assessors and Collectors of the respective Cities
and Counties within this Province, and all 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.]
WHEREAS it is found necessary that their Majesties Chappel
hum-
in the Fort within the City of
City of New-York should
with all 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 Representatives convened in General Assembly,
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 term 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 the end aforesaid it is thought convenient
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 now last mentioned, Be
it therefore Enacted by the Governour, Council and Representa-
tives convened in General Assembly and it is hereby Enacted by
the Authority of the same. That the additional Rates and duties,
made payable upon Merchandizes and Liquors imported into
this Province, by virtue of the said act, shall be levied, collected
and paid unto their Majesties Collector and Receiver General for
the time being, at their Majesties Custom-house in thee City of
New York for the term and space of one whole year next and
after the expiration of the term next above expressed and men-
tioned to commence & be computed from the said 14th day of
November which shall be in the year of our Lord 1695, and to
terminate & end upon the 14th day of November then next fol-
lowing, which shall be in the year of our Lord 1696, according
to such Rules and Directions, and under such Pains, Penalties
and Forfeitures as is contained and enjoyned by the said Act.
And the aforesaid Act and every Article Rule, Clause and Direc-
tion therein mentioned shall be, abide, continue and remain in
full force, virtue and effect to all intents and purposes whatso-
ever, for the payment of the said six hundred Pounds, during the
said Term of one whole year, and no longer, as fully and in like
ample 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 thereof in any ways notwithstanding.
Always provided, That if the said Additional Rates and Duties,
during the said Term of one whole Year amount to more
than the sum of six hundred Pounds aforesaid, then the residue
or surplusage of the said Sum shall be applyed to the satisfying
and paying the Debts of the Government, according to the Direc-
tions contained in the said Act, and to no other use, intent or
purpose whatsoever.
And be it further Enacted by the Authority aforesaid, That if
any Gentlemen, Merchants, Traders, or any other Person or Per-
sons shall advance the Whole sum of Six Hundred Pounds afore-
said, or any part thereof, upon the credit of this Act, he or they
so advancing such Sum or Sums of Money shall be allowed for
so much of the same as they shall so advance, not exceeding the
sum of six hundred Pounds aforesaid, the sum of Ten per Cent,
annual interest.
The End of the Second Session of the fourth Assembly.
344
LAWS OF THE COLONY OF NEW YORK.
THE FOURTH ASSEMBLY.
Third 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 Eight 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 Pmo.
August 1695.
[Passed, July 2, 1695.]
Whereas there hath been lately raised & detacht Several forces
for the Security of the ffrontiers of this Province at Albany who
have 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 &
Representatives Convened in General Assembly ard by the
Authority of the same that a Levy of Eight hundred Pound's
currant mony of this Province be laid assessed raised & levyed
upon all & 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 Collector 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's
}
LAWS 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 the County of Richmond Sixteen
Pound's for Ulster & Dutchess County Eighty Eight Pound's,
And be it further enacted by the Authority aforesaid that for
the better assessing raising and Paying the aforesaid summe
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 time being of all 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
Severall Sumes of mony herein before menconed according to
the Proporcons before expressed in Such way's & means & accord-
ing to such manner rule and direcon and under such paines and
penalties as are conteined enjoyned prescribed & directed in an
act of General Assembly Passed in the Sixth year' 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 in the City and County of Albany and all 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 the respective duty's required therein shall be abide and remain
in full force and effect to all 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 &
compleatly assessed collected and Payd 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
contained therein to the contrary hereof in any wise notwith-
standing and the Mayor and Aldermen of the City of New York
and all and every the Justices, assessors and collectors of the
respective Cityes and County's aforesaid and all 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 July 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 Council,
it appears that the act was passed July 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 Representa-
tives convened in General Assembly that whatsoever Tavern
44
346
LAWS OF THE COLONY OF NEW YORK.
Keeper Ale-house keeper or victualler within the City and County
of New York that shall Trust or credit any Seamen belonging
to any Ship or Vessell That is in or shall hereafter come 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 same and no writ or Process shall go' out against
any Seamen as aforesaid at the Suite of any Tavern keeper Ale
house keeper or Victualler within the said City and County for
any greater Summe Than Six Shillings as aforesaid, And if any
Tavern keeper Ale house keeper or victualler within the said
City shall Trust or give Credit 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 Victualler within
the said City & County for any greater summe then the said Pro-
porcon of Twelve pence per diem dureing the time as he shall
be out of Service as aforesaid and if any Clerke 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 all Masters of Vessels Tradeing to & from the said
City Shall within forty eight houres after his or their arrivall
bring unto the Towne Clerk of the Said City a List of the Names
of all such Seamen as he did Import or belong to his & their
Vessells and the same cause to be Registered in the office of the
said Towne Clerke 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 continueing 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 being
LAWS OF THE COLONY OF NEW YORK.
347
found very Advantageous to the Inhabitants of this Pvince by
the Preserving of trade & maintaining a mutuall Correspondence
amongst our Neighbouring Collony's and Plantacons Bee it
Therefore Enacted by the Governor and Councill & Representa-
tives convened in General 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 time Limitted in the Said act, and all the rates and Summs
of mony established by virtue of the said act upon Letters &
Pacquet's that shall be received and dispatched by the Office and
Offices contained in the said act shall be payd for the space of
three years next and after the Expiracon of the term' 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
all 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 Citty and County
of Albany to defray their Necessary Charge
[Passed, July 3, 1695.]
Forasmuch as the Inhabitants of the City and County of
Albany have been during the time of their late Disorders very
much agrieved wasted destroyed and Impoverished by The Incur-
sions of the French his Majesties declared Enemies and that it
is absolutely necessary that some suitable and Convenient
way should be found out for their
their Reliefe and
and more
easie defraying of the necessary Charges of that Citty
and County Bee it therefore Enacted by the Gover-
nour and Council and Representatives 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 Levyd upon all Indian Goods that are brought up to
that Citty and County of Albany and there sold and Consumed
and alsoe that the Impost of Three pence be raised and levyd
upon each gallon of Rumm that is Sold and consumed within
348
LAWS OF THE COLONY OF NEW YORK.
the said Citty and County and for the due and orderly Collecting
of the Sd Respective Impost' 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 impowered and authorized to appoint constitute and
Establish a Collector or Receiver of the rates and Imposts afore-
said who shall have Power to Receive the same and to enter in
a fair book kept for ye Purpose all 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 all Persons that Trade and bring up to the
Said City and County the aforemenconed 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 all such Goods and Rumm as
shall be Imbezeled 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
Cheif for the time being Provided that all the Sume and sumes
of mony that are hereby received shall be only appropriated
& applyed to the defraying 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
space of Two Years & no Longer any thing contained herein
to the Contrary in any ways notwithstanding.
[CHAPTER 47.]
[Chapter 47, 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. 125.]
AN ACT to Enable the City of New
York To Relieve the Poor and defray their
necessary 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 foul 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 said
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 Representatives conveyned in General 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 Mayor 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
Citizen'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 them 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 all and every the Inhabitants, freeholders and
Sojourners 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 reliefe 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 Summe 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 charges
350
LAWS OF THE COLONY OF NEW YORK.
of the same which Sume 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 Estates of
all and every the Inhabitants freeholders and Sojourners within
the said City within Twenty days at least after that they shall
Receive Such Estimate made as aforesaid under the hands and
Seales 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 Estates of all 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 Aldermen 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 all which
Summe or Sumes 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 Council of the said City and by warrant under the
hand and Seale of the Mayor. And be it further Enacted by the
authority aforesaid that the Mayor Alderman 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 Ashes, dirte filth
and Soyle of the said Street's, Laynes, Alley's and other places
unto such Place or Places where he shall think convenient. Pro-
vided that it shall not be Noisome or hurtfull to any of the
Inhabitants of the said City, which Scavenger Raker or other
Officer to be Imployed as aforesaid shall have such yearly sallary
or wages as the Mayor or Recorder Aldermen and assistants
aforesaid shall in their discretion 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 Nominate and appoint
overseers yearly as is before appointed that then each of them
for such default shall Loose and forfeit for every such default
LAWS OF THE COLONY OF NEW YORK.
351
ffive pound's to be Imployed for the 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 Execute 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 edition of Bradford. Livingston & Smith state that the act was
passed July 3, 1695. From the Minutes of the Council, of that date, it
appears, that the act passed the Council with amendments. (see Journals
of Legislative Council, p. 80), but from the Journals of the Assembly, of
July 3, 1695, it appears that the Assembly did not concur in the amend-
ments. (See Journals 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 which came over from the house.
"As for the bill to prevent desertion, since they would not concur to
the amendments, it is no matter of moment, whether it passed or not."]
An Act to prevent the Desertion of
Soldiers, in Pay within this Province.
[Passed, July 3, 1695.]
THE FIFTH ASSEMBLY.
Second Session.
(Begun Oct. 1, 1695, 7 Wm. III., Benjamin Fletcher, 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 have been enacted October 22,
1695. (See Journals of Council, p. 84.)]
AN Act for Regulating the Retaining
Attorneys at Law.
[Passed, October 22, 1695.]
Whereas the Number of Attorneys at Law that practice at the
Barr in this Province are but few and that many persons Retain
most of them on one side to the great prejudice and discourage-
352
LAWS OF THE COLONY OF NEW YORK.
ment of others that have or may have suits at Law to the end
therefore that Justice may be Equally administred and no Room
Left for Complaint be it Enacted by the Governour and Councill
and Representatives 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 have 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 have and if
they Retain any more it shall be Lawful for the Justices of the
bench where the Suit is Depending to order all such Attorneys
as shall be Retained more than two as aforesaid to plead for
the other side Without Returning the fee Received any thing
Contained in this or any other Act To the 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 Van 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 Van Schaack, state
that this act was passed October 17th. From the Minutes of the Council,
however, it appears to have been enacted October 22, 1695. (See
Journals of Legislative Council, p. 84.)]
An Act for the Raising One Thousand
Pounds to be imployed by an Agent for the
Representation of the State of the Province.
[Passed, October 22, 1695.]
Be it Enacted by the Governour and Councill and Representa-
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 all
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 Representatives of The same for Repre-
sentation of the state of this Province and how far The Security
of the ffronteers at Albany hath been a barrier and Place of
Defence for the Preservation of all 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 since
LAWS OF THE COLONY OF NEW YORK.
353
the Beginning of this Warr and most humbly to Address and
supplicate his most Excellent Majesties That he Would be most
Graciously pleased to Ease and free his most Dutyfull and Loyaı
subjects Inhabiting within this Province from the like Grievous
and heavy burdens for the Future according to such Wayes and
means as his most Excellent Matye in his Great Wisdom and
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 next Ensung
the publication hereof According to the severall and Respective
Quotas and proportions hereafter following That is to say for
the City and County of New Yorke 289L:1s 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 Ulster and Dutches
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
all and Every Respective Citys Countyes Towns Mannors Liber-
ties or Jurisdistions Within 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 Generall Assembly passed in the Sixth
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 all and
Every Article Rule Clause pains and penalties mentioned in
the aforesaid act for and Concerning the summoning Assessing
45
354
LAWS OF THE COLONY OF NEW YORK.
Collecting and paying or Refusing and Neglecting the Execution
of the Respective Duties required Therein shall be, abide and
Remaine in full force and Effect to all 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 Aldermen of the City
of New Yorke The Mayor and Aldermen of the City of Albany
and all and Every The Justices Assessors and Collectors of the
Respective Cities and Counties aforesaid and all others Con-
cerned herein are to take notice hereof Accordingly.
[CHAPTER 51.]
[Chapter 51, of Livingston & Smith and Van Schaack, where 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
hundred Sixty four pounds and fifteen
shillings for the paying and maintaining
a Company of fuzileers imployed on the
fronteers and at present under the Command
of major Schuyler from the first of August
Last Till the first of march Next following.
[Passed, October 22, 1695.]
Be it Enacted by the Governour and Council and Representatives
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 all 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 present under the Command of major Schuyler
Now in service for the security of the fronteers at albany from
the first day of August Now 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 Collector 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 the City and
County of New Yorke the sum of 265£:17: being their Quota
and Proportion of the 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 Suffolk
County the sum of 155£: 13: 3 being their Quota and proportion
as aforesaid for Ulster and Dutchess 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 all and every respective Cities
Counties Towns mannors Liberties or Jurisdictions within this
province are hereby Required impowered and authorized to
Summons assess Collect and pay the severall sums of money
hereinbefore mentioned According to the proportions before
Expessed in such wayes and means And according 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 all 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 remaine in full force
and Effect to all 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, fully and Compleatly assessed Collected and paid
as abovesaid directed as, fully and in the like manner as if the
same were particularly and att large Recited and Set down in the
body of this act anything Contained therein to the Contrary here-
of in any wise notwithstanding and the mayor and aldermen
of the City of New Yorke and all and every the Justices
Assessors and Collectors of the respective Cities and Counties
356
LAWS OF THE COLONY OF NEW YORK.
aforesaid and all 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 present under the Command of Major
Schuyler for the security of the fronteers
of this province in Albany from the first day
of August Last untill the first day of March
next following, viz. :
the Captaine 212 days at 8s per diem.
84
16 00
one Lieutenant at 4s per diem..
42
08
one ditto at 3s per diem..
31
16 00
4 sergeants at 1s 6d each per diem.
63
12
fifty private Centinals at 12d each per diem.
One Town Major at 4s per diem.
530
00
42
08
one Chyrurgeon at 2s 6d..
for incidentalls
One Muster Master from the first of August to
the 10th of October at 2s 6d per diem. . . . . .
for ditto from the 10 of October to the first of
March is 142 days at 1s....
26
10
27 08
8 15
07 02
8888888888
864£ 15d 00
[CHAPTER 52.]
[Chapter 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 God
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 shooting fishing Sporting playing horse
racing frequenting of Tipling houses and the using many other
unlawful Exercises and pastimes upon the Lords day to the
Great scandal of the holy Christian Faith be it therefore Enacted
by the Governour and Councel and Representatives 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 working
LAWS OF THE COLONY OF NEW YORK.
357
shooting fishing sporting playing horse Racing hunting or fre-
quenting of Tipling houses 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
premises 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 the
Premises 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
the said penalty SO to
be assessed by way of distress and sale of the Offenders
Goods Rendring to the said Offender the
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 premisses 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 Necessity and to go to the service and worship of God in any
Church Or Lawful meeting within this province and from thence
to Return provided such Journey shall not Exceed the Number
of twenty miles and also provided that it shall be Lawful 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 day any thing contained herein to the
Contrary in any ways notwithstanding provided that this Law
shall no ways extend to any Native or free indian within this
province not professing the Christian Religion.
358
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 53.]
[Chapter 53, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 109. 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 Representa-
tives Convened in General Assembly and by the Authority of the
same that a supply of seven hundred pounds Currant Money of
this province be Laid assessed raised and Levied upon all and
Every the inhabitants residenters sojourners and freeholders of
and in this province five hundred pounds whereof to be imployed
by his Excellency for the supplying the Companies 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 to free the Inhabi-
tants of this province from detachments until the first day of
May Next ensuing the publication hereof except in case of inva
tion or Rebellion to be Laid assessed raised Levied and paid unto
his Matyes Collector and Receiver General or the ime being
at his Majesties Custome house in the City of New Yorke at or
before the 27th day of March next ensuing the publication hereof
according to the severall and Respective Quotas and proportious
hereafter following 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 the sum of 110£: 5: being
their Quota and Proportion as aforesaid for the County of Suf-
folk the sum of 126£: 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 Currant Money aforesaid Bee it
further enacted by the authority 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 all and
LAWS 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 summons assess Collect and pay the severall
sums of Money herein before mentioned according to the propor-
tions before expressed in such Ways and means and According to
such Manner rule and Direction and under such pains and penal-
ties as are Contained enjoined prescribed & directed in an Act
of General Assembly Passed in the sixth year of his Matyes
Reigne Entituled an Act for the Raising and Paying one huu-
dred And seventy men for the securing the fronters of this
Province in the City and County of Albany and all and Every
article, Rule, Clause pains and Penalties 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 effect to all 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 Com-
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 Aldermen of the City of New York and all and
Every the Justices Assessors and Collectors of The Respective
Cities and Counties aforesaid and all others herein Concerned
Are to take Notice hereof Accordingly.
[CHAPTER 54.]
[Chapter 54, of Livingston & Smith and Van Schaack, where the titie
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 con-
tinued by chapter 62.1
·
An Act for Confirming & Continuing an
'Act of Generall 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
Representatives Convened in General 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 Each
360
LAWS OF THE COLONY OF NEW YORK.
Respective City Town and County Within the . Province
and all
all and Every Article Rule and Clause therein
mentioned shall be abide continue and remain in full force and
Effect To all 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
Towns also therein Expressed but also for the hearing and
determining of all 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 Shall have
hereby power Authority and Jurisdiction to hear and determine
any matter or thing Relating 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 true Intent and meaning of this
act That any person or persons that shall be any wayes Inter-
ested or Concerned in any process Wherein the Title of Land is
Concerned in the said Courts shall have Liberty to Remove the
same by habeas Corpus, Certiorari, or any other Lawfull writt
and after judgement he or they have the Liberty to Appeal to
the Supreme Court of Judicature 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 two years from and after the pub-
lication thereof.
THE FIFTH ASSEMBLY.
Third Session.
(Begun Mch. 26, 1696, 8 Wm. III, Benjamin Fletcher, Governor.)
[CHAPTER 55.] .
[Chapter 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 Story Decd.
[Passed, April 16, 1696.]
Whereas there are severall pieces or parcells of Ground with
the houses and Appurtenances Belonging Scituate Without the
LAWS OF THE COLONY OF NEW YORK.
361
North Gate 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 Consideration therein menconed Did
grante bargaine and sell unto the said Thomas Loyd To hold
to him his heires and Assignes for Ever to the 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 decease 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
Poll: dated the Thirtieth day of Aprill 1686 importing a further
Declaration of the uses of the said recited Indentures of Bar-
gaine and sale to be that the said severall pieces or parcells of
ground Island houses and all other the said primisses should be
and remain ingaged as security for the payment 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 decd
and the Like summe of three hundred pounds to Mary Story
as Pt of her Legacey portion given her by her said decd father
Robert Story and further, they the said Thomas Loyd and
Patience his wife did thereby declare 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 all other the primisses with their appurtenances the said six
hundred pounds being first paid to the said Enoch and Marry
should deseend and Come to the Youngest 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 poll: 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 designe to Encourage and promote the improvement
of the said Citty as well by paying of the debts due by Robert
Story decd his predecessor 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
46
362
LAWS OF THE COLONY OF NEW YORK.
Suitable to Accomodate the same and thereupon he the said
Thomas Loyd and Patience his said wife not knowing but that
their Sales of the primisses might Create the Purchasors a
sufficient and absolute title did bargaine and sell some pt of the
said ground With the appurtenances in order to discharge the
said six hundred pounds and other debts due 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 all his Estate right title and
Interest of in or to all or any pt of his Lands and herdita-
ments in New
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 Executorshipp and with Con-
sent of the Over Seers of the said Robert Story Last will did pay
unto the said Patience Loyd the said three 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
poll 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 age 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 primissess or any pt thereof yet
Nevertheless her nonage according to the strict rules of Law
renders her uncapable to Execute 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 decd for want of having the said Estate Improved
to the greatest advantage by Sale and the said purchasors appre-
hending themselves Likewise insecure Therefore for the fur-
ther Security 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 Robert
LAWS 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 remainder if any there shall bee to be Equally
divided two thirds thereof unto the said Elizabeth Loyd and the
other third pt unto the said patience her 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 please his Excellency
Benjamin ffletcher Captaine Generall and Governour in Chiefe
in and over the Pvince of New Yorke &c and Councill and Rep-
resentatives of the Same in General Assembly at the humble
petition 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
Councill and Representatives convened in in Generall Assembly
and by the authority of the Same that the Enrollment and record
of the said Recited deed poll 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 determine 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
Impowered 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
purchasors above mentioned and to Every of them their heires
and assignes for Ever as also to Sell convey and assure all and
Every part of the Said Severall Peeces of Ground Island and
all other the primisses wth their and every of their appurtenances
remaining unsold by the said Tho' and Patience to hold to such
person or persons as shall purchase the same in fee Simple or
otherwise the said Recited Deed poll or any article Covenant
Clause proviso or Condicon therein or in any other deed whatso-
ever Contained to the Contrary in any wise Notwithstanding.
364
LAWS OF THE COLONY OF NEW YORK.
:
[CHAPTER 56.]
[Chapter 56, of Livingston & Smith 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
Strengthening the fronteers of the Province
at albany over and above the present 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 sume of two thousand five 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 desertion
and sickness and the strength of the fronteers at albany thereby
much Lessened to the grate Endangering of this and the adjacent
Neighbouring Plantations that place haveing been since the
war the only barrier and place of defence whereby the Said
adjacent plantations have been preserved frome the violence and
invasions of the Enemy 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 preservation of this province
the Representatives convened in General Assembly taking the
same Into their serious consideration 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 Complyance 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 little
LAWS OF THE COLONY OF NEW YORK.
365
handfull of his people 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
General Assembly by his Excellency his Majesties Captaine
Generalls speech as aforesaid humbly pray That it may be
Enacted and be it therefore Enacted by his Excellency the
Governour and Councill and representatives 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 pence Currant money of this province be Laid assessed
raised and Levyed upon all 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 Vertue of an act of Assembly entituled An Act for 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 present Number 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 inevitable Necessity for the space and during
the term of one whole 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 which Number of men are to be Listed
and formed in such ways 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 Excellency the Captaine Generall amongst the said Number
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 discretion shall be thought Convenient and
needful To be Laid Assessed raised and paid unto his Majesties
receiver Generall for the time being at the City of New Yorke
In two equall payments 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 before
366
LAWS OF THE COLONY OF NEW YORK.
the 25th day March then next following which shall be in the
year of our Lord 1697 According the severall and Respective
Quotas and proportions following That is to say for the Citty
and County of New Yorke Seven hundred ninety Seven pounds
nine shillings being their Quota & proportion of 2593£ 6s 8d for
the uses aforesaid for the County of Westchester one hundred
forty two pounds Twelve shillings and eight pence being their
Quota and proportion as aforesaid for the uses aforesaid for the
County of Richmond sixty four pounds sixteen shillings and
Eight pence being their Quota & proportion as aforesaid for the
uses aforesaid Kings County four hundred fifty five pounds two
shillings and eight pence Being their Quota and proportion as
aforesaid for the uses aforesaid Queens County four hundred
and seven pounds three shillings being their Quota and pro-
portion as aforesaid for the uses aforesaid Suffolk County four
hundred sixty six pounds sixteen shillings being their
Quota and proportion as aforesaid for the uses aforesaid Ulster
and Dutches County two hundred thirty three pounds eight
shillings being their Quota and proportion as aforesaid for the
uses aforesaid and Orange County Twenty five pounds eighteen
shillings and eight pence being their Quota and proportion as
aforesaid for the uses aforesaid and for the assessing Levying
and paying the aforesaid sum of 2593£ 6s 8d Currant money
aforesaid be it further Enacted by the Authority aforesaid that
the Mayor and Aldermen of the Citty of New Yorke the Jus-
tices of the peace the Assessors and Collectors for the time being
of all and Every the respective Cities Counties towns Mannors
Liberties and Jurisdictions Within this province are hereby re-
quired impowered and authorized to summons assess collect and
pay the severall sums of money hereinbefore mentioned Accord-
ing to the Proportion 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 Generall Assembly passed in the Sixth
year of his Majesties Reign entituled An Act for the raising and
paying one hundred and seventy men for the securing the fron-
teers of this province in the Citty and County of Albany and all
and Every article rule Clause pains and penalties mentioned in
the Aforesaid Act for or Concerning the sumoning assessing, col-
lecting and paying or refusing and neglecting the Execution of
their respective Duties therein required Shall be abide and remain
in full force and effect to all intents and 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 fully and Compleately assessed
Collected and paid as above directed in As full and in like manner
as if the same were particularly and at Large recited and Set
LAWS OF THE COLONY OF NEW YORK.
367
down in the body of this Act any thing Contained therein to the
Contrary hereof in any wayes notwithstanding and the Mayor
and Aldermen of the Citty of New Yorke and all and Every
the Justices Assessors and Collectors of the respective Cities
and Counties aforesaid and all others herein Contained are to
take Notice hereof accordingly.
[CHAPTER 57.]
[Chapter 57, of Livingston & Smith and Van 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 General 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 Expressed.
[Passed, April 18, 1696.]
upon
The Representatives Convened in General Assembly
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 hereafter mentioned and
to no other purpose whatsoever be it therefore Enacted by his
Excellency the Governour and Councill and Representatives 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
mentioned untill the fourteenth day of November next shall be
Continued and Confirmed from the Said 14th day of November
next untill the end and term of Eighteen kalander months then
next following that is to say 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 Collected 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 term 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 and
368
LAWS OF THE COLONY OF NEW YORK.
Clause therein mentioned shall be abide continue and remaine in
full force virtue and effect to all 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 body 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 be 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 of 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 same be Compleatly paid and Sat-
isfyed that is to say for the paying and satisfying of 317£ 13s 1gr
due from the Government 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 likewise the sum of 1056£: 13:
11d: 1gr to Coll Stephenus Cortlandt being a Debt
due to him from the Government and for the payment
thereof the Additional Duty was first raised and Likewise
the sum of 1103£ 9s 8d 1gr 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: 1of; being a Debt due to Thomas Clark as
Last aforesaid,and also the Sum of 15£ being a Debt due to
David Schuyler as Last aforesaid the whole of said Deb's 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
Chappel in the fort the Sum of 450£
LAWS OF THE COLONY OF NEW YORK.
369
and Likewise the Sum of 150£ to Coll Richard Ingoldsby
for the defraying the Extraordinary Charge he has
been at by being posted at albany for the security of the fron-
teers all which Debts and sums 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 payment of the Debts aforesaid be it further 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
Keceiver Generall for the time being shall have for that 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 assigns in
Quarterly payments 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 acts notwithstanding.
THE FIFTH ASSEMBLY.
Fourth Session.
(Begun Sept. 12, 1696, 8 Wm. III, 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 Com-
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 made for the reinforcing
and strengthening the ffronteers of this Province at Albany bath
not had that effect that was designed many of the Souldiers that
1
47
370
LAWS OF THE COLONY OF NEW YORK.
were listed in his Majesties Companyes and posted there haveing
deserted the said Service whereby the Said fronteers are much
weakened and his Excellency 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 Companies there as a necessary force for the
Defence of that place the Representatives convened in Generall
assembly taking the same into their serious consideration and
being willing on all Occasion out of their dutifull and Loyal Affec-
tions unto his most Excellent Majesty to joyne with and assist
his Excellency in the great and prudent care he hath all wayes
taken and does daily take for the Security of the Said fronteers
humbly pray that it may be Enacted and be it therefore Enacted
by his Excellency the Governour and Councill and Represntatives
convened in Generall assembly and by the authority of the Same
that the Sume of Six hundred pounds Currant money of this
province be laid assessed raised and levyed upon all and Every
of the Inhabitants Residents Sojourners and freeholders of, and
in this province to be imployed by his Excellency for the Raising
one hundred Effective men to be listed in his Majesties Said
three Companyes to be Posted there for the necessary Defence of
the Said fronteers and there to continue and remaine from the
first day of November next untill the first day of May then next
following and for the better enabling his Excellency to raise 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 he or they Shall procure
to be Listed in the Said Companyes in manner aforesaid. And
Whereas the Enemy 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 all and every the Inhabi-
tants Residents Sojourners and freeholders of and in this pro-
vince to be Imployed by Major peter Schuyler Major Derrick
Wessells and Mr. Killian van Ransslaer, fore the procuring of
corn and other necessary Provision and the same to be Distri-
buted by them among such of the said Indians as shall want
reliefe as to their discretion shall seem Meet and Convenient they
Keeping a true and Exact account thereof And Whereas the
LAWS OF THE COLONY OF NEW YORK.
371
many false alarmes that have lately happened in this province
have occasioned Great Charge and discontent among the Inhabi
tants to the End that the same may for the future be prevented
be it further Enacted by the authority aforesaid that there be
the sum of two hundred pounds also laid assessed raisel and
leveyed upon all and every of the inhabitants Residents
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 Christians and Indians'
to the lake or elsewhere to Discover the motion of the
Enemy which are to be continually in the Said Service from the
first day of November next until the first day of may next fol-
lowing and also for the payment 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
credit 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 all 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 Credit,
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 all 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 Credit of this act
all 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 March 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 shillings
372
LAWS OF THE COLONY OF NEW YORK.
for Queens County one hundred ninety three pound Sixteene shil-
lings for Suffolk County two hundred sixteen pounds for Ulster and
Ducthess County one hundred and Eight pound for Orange County
twelve pound 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 respectively for the 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 Severall and Respective Cittyes and Counties or
Such other place or places as they shall agree upon among them-
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 sumes 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 may 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 shall 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
have refused neglected delayed or denyed which Assessors and
Collectors so nominated and appointed in manner aforesaid shall
to all intents and purposes be deemed and Esteemed the assessors
and collectors of the said Towns Mannors and Jurisdictions and
observe and Execute the Directions of this and other Acts under
the pains and penalties in the said act contained and menconed
LAWS OF THE COLONY OF NEW YORK.
373
and. [The remainder of this act is missing from the Rolls and
is copied from Brinley's Bradford.]
And be it further Enacted by the authority aforesaid, That
the said Mayor and Aldermen, the Justices of the Peace for the
respective Cities and Counties, Towns, Mannors and Jurisdic-
tions, have and shall have, 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 Estates of the Inhabi-
tants, Residents, Sojourners 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 Asses-
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 or 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 Duplicates 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, or
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 Sum 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 Collectors, shall
deny, neglect refuse or delay, or unequally and partially shall
assess, as by this, and the other Acts are required, so shall deny,
neglect, refuse or delay to collect any Sum or Sums of Money, in
form before mentioned, assessed that then in such case it shall
and may 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 reside, and who by virtue of this Act are required
and impowered to do the same by Warrant under Hand and Seal,
to commit such Assessors or Collectors, so denying, refusing
neglecting or delaying, or unequally and partially assessing or
:
374
LAWS OF THE COLONY OF NEW YORK.
1
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 his Majesty, for such
his Contempt as aforesaid. And upon such Commit-
ment, the Justices are speedily required to nominate and
appoint other Collectors and Assessors in their stead and room
And Whereas there are several Prsons that have shut their
Doors, and refused to pay the Rates assessed by virtue of several
Acts of Assembly heretofore made and provided, whereby the
intent of the said Acts seemed to be frustrated, Be it further
Enacted by the authority aforesaid, That if any Person or Per-
sons shall longer neglect or refuse to pay the several Rates and
Assessments wherewith they were formerly charged by several
Acts of General Assembly heretofore made & provided, or here-
after shall neglect or refuse to pay the several Rates & Assess-
ments wherewith he or they are charged with this Act, for or in
respect of his or their Goods & Chattles, Lands or Tenements,
shall be neglected or refuse to be paid, then upon demand of the
Collectors that shall be chosen or appointed to receive the same,
or within Ten days next and after the said Demand,
it shall and may be lawful to and for such Collectors
and they are hereby required, for non-payment thereof,
by Warrant under the hand
hand of two Justices of the
Peace, to distrain the person or persons so refusing or neglecting
to pay by his or their Goods and Chattles, or distrain in and
upon the Messuages, Lands & Tenements so charged, & the
Goods and Chattles then and there found, and the distress so
taken to carry away, and the same to expose to sale in the Town
or County where such Distress is made, and for want of buyers,
to carry the said Distress unto any other place in the Province for
the sale of the said Distress acordingly, for the payment of the
said Rate or Assesment, and the Over-plus coming 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. And moreover, it shall and may be lawful
to break open in the day time any House; and upon Warrant
under the hand and seals of any two or more of the said Justices,
any Chest, Trunk or Box or other things, where such Goods are,
and call to their assistance the Constablés, or any other persons
within the respective Cities, Counties, Towns, Mannors and Juris-
dictions where any refusal, neglect or resistance shall be made;
which said Officers and Persons are hereby required to be aid-
ing & assisting in the Premises.
And be it further Enacted by the Authority aforesaid, That
if any Mayor, Aldermen or Justice of the Peace within this Prov-
ince, who are hereby required, impowered and authorized to
LAWS OF THE COLONY OF NEW YORK.
375
take effectual care that this Act, and every Article and Clause
therein be duely executed, according to the true intent and
meaning thereof, shall deny, neglect refuse or delay to do, per-
form, fulfil & execute all and every the Duties, Powers &
Authorities by this Act required and impowered by him or them
to be done, performed, fulfilled and executed, and shall there of
be convicted before his 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 discretion of his said Excellency, the Governor and
Council, & the Justices of the 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, moved
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 o. prose-
cuted in any Court whatsoever, shall and may plead the general
Issue, Not Guilty, and give this Act and the special matter 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 Defendant or Defendants shall
recover tribble Costs, for which they shall have the like Remedy,
as in case where Costs by the Law are given to Defendants.
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 hereafter, any thing contained herein to the
contrary hereof in any wise notwithstanding.
[CHAPTER 59.]
[Chapter 59, of Livingston & Smith and Van Schaack, where the title
only is 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 tenure and
occupacon of Cornelius Barneson and forthe
confirming of the same unto him his heir's
and assigne's 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 day of June in the fourth yeare of the Reigne of the Late
King James the Second and in the yeare of Our Lord 16 Did
376
LAWS OF THE COLONY OF NEW YORK.
grante bargaine Sell convey and assure unto William Niccolls
and his heires One third part of a certaine neck of land com-
monly called madmans little neck with the appurtenances late
in the Tenure of Richard Cornwall deceased lying and being in
Queens County at Cornbury Together with all and Singular the
messauges tenements barnes Stables orchards Gardens arable
Lands meadows Pastures Inclosures hereditaments and appur-
tenances in trust for the use and uses hereafter Expressed to
have and to hold unto the Sayd William Niccolls and his heires
in trust for and to the use and behoof of the Sayd John Robinson
and Margaret his wife for and during the Naturall Lives 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 poll baring date the 17th day of March in the yeare of our
Lord 1693 for the considerations therein menconed but more
Especially for the summe two hundred pounds currant money of
New Yorke to them in hand paid by Cornelius Barneson of filat
Bush in Kings County Yoeman, Did Grant bargaine alien sell
and confirme unto the said Cornelius Barneson his heires and
Assignes for Ever all that certaine farme Lyeing and being in
Cornbury in the bounds of flushing formerly bought of Richard
Cornwell Sen'r, Deed together with all the houses Outhouses
barnes stables Pastures orchard's Gardens ways Easements
woods underwoods, waters and water Courses and appur-
tenances to have and to hold the premisses unto the said Corne-
lius Barneson his heires and Assignes for ever to the sole and
only proper use benefitt and behoof of him the said Cornelius
Barneson his heires and Assignes for ever as by the Said Deed,
poll 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 have by their Petition Presented to his Excel-
lency Benjamin ffletcher Captaine Generall and Governour in
Cheife of this his Majesties Province of New Yorke and Terri
toryes thereon Depending in America the Councill and Repre-
sentatives convened in Generall Assembly prayd that for their
present subsistance and that they may be the better Enabled
to Pay their debts that the aforerecited deed of trust made to the
aforesaid William Nicholls for the uses therein mentioned may
LAWS 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 Cornelius Barneson
may remaine Continue and abide in full force and virtue as if
the said Deed of trust for the uses within menconed had never
been Executed any thing threin to the contrary in any wayes not-
withstanding which just and reasonable request being taken into
consideration it is declared and Enacted and bee it therefore
Enacted by his Excellency the Governour and Councill and Repre-
sentatives convened in Generall Assembly and by the authority of
the Same 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 General Assembly bee made Voyd and Cancelled and that
the use and uses remainder and remainders thereby raised
Limited and declared and therein menconed or intended
to be therein raised Limited or declared shall from
henceforth cease determine 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 all the aforerecited Land and Premisses Accord-
ing to the true intent and meaning of the aforesaid deed Poll.
Bee it further Enacted by the authority Aforesaid that the Said
Deed Poll 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 perfect deed for the convey-
ance of the premisses from the Said John Robinson and Margaret
his wife unto him the Said cornelius Barneson his heires and
Assignes for Ever to all intents purposes and Constructions in
the Law wtsoever in as full and ample manner as if Such a
Deed of trust had never been made any thing contained therein
to the contrary thereof in any wayes Notwithstanding.
THE FIFTH ASSEMBLY.
Fifth Session.
(Begun Mch. 27, 1697, 9 Wm. III, Benjamin Fletcher, Governor.)
[CHAPTER 60.]
[Chapter 60, of Livingston & Smith and Van 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 necessary charge.
[Passed, April 21, 1697.]
Whereas there was an act of General Assembly made in the
Seventh Year of His Majesties Reigne intitled an act to Enable
48
378
LAWS OF THE COLONY OF NEW YORK.
the City and County 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 Representatives of the said City and County of
Albany humbly 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 Representatives convened in Generall As-
sembly And it is hereby Enacted by the Authority of the same,
the Imposition or rate of two per Cent shall be raised and
Levyed upon all Indian goods that are Brought up to that
City and County of Albany, and there sold and Consumed, also
that the Impost of Three 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 collecting of the Respective
Imposts and Rates the Treasurer of the said City for the time
being or any appointed by him 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 Imposts aforesaid who shall have
Power to Receive the same and to Enter In a fair Booke kept
for that purpose all Such Sume 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 & all 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 they so bring up and all
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
lawful 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 all Such goods & rum
as shall be Embezeled and not pay the dutyes aforesaid, one
third to the Informer and one third to the said City and County
of Albany and one third to his Excellency the Governour or
Commander in chiefe for the time being provided that all the
sume and sumes of money 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 pay
LAWS OF THE COLONY OF NEW YORK.
379
any of the money received as aforesaid but by warrant from
the Mayor of the said City and Approved by the Justices of
the peace of the County Provided that this act shall 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 61, of Livingston & Smith and Van Schaack, where the title
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 Collectors in Each
Respective City and County in this Province
for their payns in Collecting and paying the
publick Rates & Taxes.
[Passed, April 21, 1697.]
Whereas the Respective Cities and Countyes within this Pro-
vince have 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
have been Employed in the Said Service as well as the Great
delay in the paying of the Said Taxes unto his Majesties Col-
lectors Receiver Generall to the end therefor that the same
may be Removed Be it Enacted by his Excellency the Governour
and Council and Representatives Convened in General Assem-
bly and by the authority of the same that there shall be the
Laid and assessed Annually & once Every 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 pound unless 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
Said Acts Expired by their Limitation.
[Passed, April 21, 1697.]
Bee it Enacted by his Excellency the Governour and Councill
& Representatives Convened in General 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 Entitled
an act for confirming and continuing an act for the Establishing
Courts of Judicature for the Ease and Benefitt of Each Respect-
ive City town and County within this province Shall be abide
continue and Remaine in full force and Effect To all intents
and purposes whatsoever and all and Every the articles Rules
and Clauses mentioned In the Said act as well as all & 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 all and the aforesaid Rules Articles and Clauses were
Recited Expressed and mentioned in this act any thing therein
to the Contrary hereof in any wayes notwithstanding.
LAWS OF THE COLONY OF NEW YORK.
381
[CHAPTER 63.]
[Chapter 63, of Livingston & Smith and Van 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 April 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
his 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 Representatives 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 by 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 Primo
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 detachments Except in the
case of inevitable Necessity do humbly pray that it may be
Enacted and Be it therefore Enacted by his Excellency the Gov-
ernour and Councill and Representatives 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 all 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 say 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 at
382
LAWS OF THE COLONY OF NEW YORK.
Albany for the Security of the ffronteers of this province there
with a sufficient Number 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 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 fur-
ther supply in Assembly for the service as well as to free them
from detachments unlesse in the case of Inevitable 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 September next and
the other moyety or Equall halfe part thereof at or before the
twenty fifth day of March then next following in Such manner
& according to the Severall and Respective Quotas and propor-
tions following that is to Say for the City and County 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 Countys of Ulster
and Dutchess the Summ
the Summ of One hundred Ninety seven
pounds sixteen Shillings Currant money aforesaid for the
County of Westchester summ of one hundred thirty
three pound Eight Shillings Currant money
money aforesaid
for the County of Richmond the sume of Eighty pounds tenn
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 further 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 all and Every of the Respective Cittys and
Countyes Townes mannors Libertyes and Jurisdictions Within
น
LAWS OF THE COLONY OF NEW YORK.
383
this Province are hereby Required Impowered and Authorized
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 Enjoyned Prescribed directed and
mentioned 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 Companyes
posted at albany for the Security of the ffronteers 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 all
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 money or for
Refusing and Neglecting the Severall and Respective Quotas
Required therein shall be abide Continue and remaine in full force
and Effect to all 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-
larly and at Large recited and set down in the body of this act
any thing therein Contained to the contrary hereof in any wayes
notwithstanding and the Mayor and Aldermen of the City of
New Yorke and all and every of the Justices assessors and col-
lectors of the Respective Cittyes and Countyes aforesaid and all
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, Earl of Bellamont,
Governor.)
[No acts 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 Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 163. Title only
is printed in Baskett, p. 39. All 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 all 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 have 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, Cornelius 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 Revolution from haveing the benefit thereof. And ye
Representatives now Convened in Generall Assembly takeing
into their Serious Consideration the ill Consequences that have
already accrued & yett Still may ensue by ye aforesaid Excep-
tions to ye great damage & ruine of Such as Declared for his
present Maty at ye time of ye said Happy Revolution as well as
ye Continuall. Disturbanes which persons ill affected to ye peace
of this Governm't doe hereby Insinuate Creat & 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 all Recognisances & 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 Seaventh yeare of his Ma'tys Reigne, for ye
Reasons & motives in ye Said Act at Large Expressed the Judge-
merts & Attainders of Jacob Leisler Deceased, Jacob Milborne,
Deceased, and Abraham Governeur (three of ye persons men-
coned & Excepted in ye Said Act of Assembly) were reversed
made & Declared to be null & Void to all Intents Construccons
& purposes whatsoever as if no Such Convictions or attainders had
ever been had or Given. And now whereas Gerardus Beekman
Thomas Williams Deceased Mynart Coerten Abraham Brashier
and Joannes Vermelse 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 attainted and Convicted at ye Supream Court of Judi-
cature in this Citty of New yorke of Treason & Murder. Bee it
therefore ENACTED by ye Gov'r Council & Representatives 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 Vermelse Deceased & every of
them be & are hereby repealed, reversed, made & Declared null
& void to all 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 either of them incurred any Law usage
or Custome to ye Contrary notwithstanding. And be it further
Enacted by ye Authority aforesaid that all & every the above
named Gerrardus Beekman, Abraham Brashier, Thomas Wil-
liams, Mynart Coerten, Joannes Vermelse, Nicholas Blank, Gar-
ret Duyking, Hendrick Jansen, John Coe, William Lawrence of
East Jarsey, Cornelius Plevier, William Churchill Joost Stoll
Samuell Staates Jacob Mauritz, Robert Lecock Michael Hansen
Richard Ponton Joseph Smith, John Baily Roelof Swartwont
Anthony Swartwont Joannes Provost Jacob Melyen Benjamin
Blagg Joachim Staates, and Richard Pretty be & are here-
by forever Indempnified for all and every of their Actings in the
late happy Revolution as aforesaid and all Judgments & Execu-
cons had against their persons or Estates 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
Contrary notwithstanding.
49
386
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 65.]
[Chapter 65, of Livingston & Smith and Van 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 Van 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 late dis-
orders & for ye Uniting ye minds of their
Maj'ties Subjects within this province & for
calling home Such of their Ma'tyes Subjects
yt have lately absented themselves from
their habitacons & their usual places of
their abode.
[Passed, 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 was made and
ye continuance thereof would be very prejudiciall to all his
Ma'tys said good Subjects for remedy whereof. Bee it ENACTED
by his Excel ye Gov'r & Councill & representatives 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 become null and void & of none
Effect, And ye Said Act' and all ye Articles & Clauses therein
menconed are hereby declared to be repealed, Reversed, Vacated
& become null void & of none Effect to all Intents Constructions
& purposes wtsoever and all process, Sumons Judgm't Sen-
tence & Degree Determinacons and Execucons heretofore had
ag't any person or persons or his or their Estates Lands & tene-
mt's, Goods or Chattles for or by reason of any power or Author-
ity granted unto any person or persons as Com'rs for ye Execu-
tion of any of ye powers or authorityes menconed in ye Said
Acts Are hereby declared to be null and void & of noe force &
Virtue and Shall for ever hereafter Cease & Determine to all
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 Contrary
notwithstanding.
LAWS OF THE COLONY OF NEW YORK.
387
[CHAPTER 66.]
[Chapter 66, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 127, 148. Title
only is printed in Baskett, p. 39. This act was continued by chapter 214.
Livingston & Smith and Van Schaack state that this 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 Regulating and return-
ing of able and Sufficient Jurors in
Tryalls at Law
[Passed, May 16, 1699.]
WHEREAS great hurt & damage does arise 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 Same for
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 ENACTED
by his Excel. ye Gov'r & Councill & Representatives Convened
in General Assembly And it is hereby Enacted by ye authority
of ye Same that all Jurors who 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 have Conginzance of any please of his Ma'tys Courts of
Kings Bench 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 have in their owne name and right a good house or
message with tenn acres of Land of ffreehold (in ye respective
Countys wherein they doe reside & in ye Cittys of New York &
Albany one dwelling house free from all Incumbrances or a
personall Estate to ye value of ffifty pounds Currant money of
this province free & Cleer from all Debts & Lawful demands
whatsoever in ye Same Citty towne & County where Such
Jurors shall reside all 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 tales in Default of Such Jurors it
388
LAWS OF THE COLONY OF NEW YORK.
shall be a good Cause of Challenge and ye party returned
shall be discharged upon ye Said Challenge or his owne
Allegation & Oath thereof & y't ye Same hereafter may be duely
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
have menconed in ye body thereof twelve free & Lawful men of
ye Neighbourhood of w'ch each of y'm shall have in their owne
Name and right a good house or message w'th tenn Acres of
Land of ffrehold in ye County & ye Cittys of New York & Al-.
bany a dwelling house free from all Incumbrance or a per-
sonall Estate to ye Value of fifty pounds free & Cleer from all
Debts & Lawful 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 Sheriff
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 any Such pannell unless
he Shall then have ye Estate as aforesaid respectively in ye Same
Cittys & Countys where ye Issue is to be tryed. And that
Jurors may ye better appear upon tryalls at ye Courts aforesaid
be it further ENACTED by ye authority aforesaid that ye Sher-
iff 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 have leave from ye Said
Court to Depart to forfeit ye Sume of thirteen Shillings &
foure pence Currant money of this province to Such use as
ye said Court shall appoint & ye Same to be levyed recovered
& had by ye Sheriff or his Deputy in such manner and wayes
as Issues of Jurors are used to be Levyed formerly provided
also that there Shall not be returned any person to Serve as
a Juror aforesaid who is under ye age 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 longer
LAWS OF THE COLONY OF NEW YORK.
389
[CHAPTER 67.]
[Chapter 67, of Livingston & Smith, where the act is printed in full.
Chapter 67 of Van Schaack, where the title only is printed. Printed in
full in Brinley's Bradford, p. 124, 145. Title only is printed in Baskett,
p. 29. Baskett and Van Schaack state that this act was repealed by 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 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.)]
An Act for ye Restraining and punish-
ing privateers and Pirates.
[Passed, May 16, 1699.]
WHEREAS nothing can more contribute to his Sacred
Majestys hon'r than y't Such Articles as are Concluded & agreed
on in all Treaties of peace should by all his Ma'tys Subjects
According to their Duty, be most Inviolably preserved and Kept
in and over all his Ma'tys Dominions & Territories, and whereas
not only against Such treaties of peace made by his Ma'ty w'th
his Allies, but alsoe Contrary to his Ma'tys Royall proclamacon
Severall of his Subjects have and doe Continually goe off from
this his Ma'tys province of New Yorke into fforeign 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 hereby ENACTED by ye Authority of ye Same that from
& after publication hereof; it shall be felony for any persons
w'ch now doth, 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 all &
every Such offend'r or offend'rs contrary to ye true intent
of this Act being thereof duely Convicted in his Mat'ys
Supream Court of Judicature within this province to w'ch
Court, Authority is hereby given to hear & to determine
ye Same as other Cases of ffelony, shall Suffer paines of Death
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 have been in ye Service or Employm't
of any foreigne prince State or potentate w't soever y't shall
390
LAWS OF THE COLONY OF NEW YORK.
return to this province & leave & desert Such Service, &
Employm't before ye first day of May in ye year of our Lord One
thousand & Seaven hundred next ensueing rendring y'm Selves
to ye Gov'r or Comand'r in Cheif for ye time being and give him
Such Security as he shall appoint for their future good behaviour
& alsoe y't they shall not depart 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 all treason, ffelonies, Pyracies,
Robberies murthers, or Confederacies, Comitted or y't hereafter
shall be Comitted upon ye Sea, or in any 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 Comander 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 have full power to
do all things in & about ye Inquiry, hearing 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 Execute w'th in ye Kingdome 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 all
Tryalls heretofore had against Such Criminall or Criminalls
before any Judge or Judges by vertue of Such Com'on or Au-
thority at any time heretofore granted, & all proceedings there-
upon, are hereby rattified, confirmed, & adjudged Lawful &
all Such Judges w'th all & every ye Inferiour officers that
acted thereby are hereby Indempnified to all 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-
trary in any wise notwithstanding. Bee it further ENACTED
by ye Authority aforesaid that all & every person or persons
that shall any way knowingly, entertaine, harbour, Conceale,
trade or hold any Correspondence, by Letter or otherwise, w'th
any person or persons that Shall be deemed or adjudged to be
privateers pyratts or other offenders w'thin 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 & Confederates & to Suffer Such paines & penaltyes 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 all Comission officers in their Severall
precincts within 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
unlawfull Designe 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 think needfull for ye Seizing apprehending
& Carrying to Goale all and every such person & persons, &
in case of any Resistance or refusall to yeild Obedence to his
ma'tys authority it shall be Lawful to kill or destroy Such
person or persons and all & 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 felons 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; One moiety thereof to be to our
Soveraigne Lord ye King 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 all
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 p'mises shall be Lyable to Such fine or
Corporall punishm't as by a Regimentall 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
Journals of Legislative Council, p. 131.)]
A Bill for the Comitting of Ebenezer
Willson and Samuell 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.]
WHEREAS all 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
all the Inhabitants therein, and his Excellency the Governor,
and Councell mett in Generall Assembly having the same under
their consideration upon a due Inspection into the severall
Branches thereof doe find that the Excise for severall yeares last
past lett to ffarme either by fraud Colusion or great Negligence
in those who have been Impowered to lett it has Rendred this
last yeare in one County much lesse, than in former yeares it
has been lett for, and that the Excise 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 well as to
Enable them how best to Improve the same for the future,
have thought fitt to 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
have lett the Excise of the SEVERALL Towns Mannors and
Jurisdictions within the said Island of Nassau the last yeare of
their ffarm 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 all fraud and Negligence in all those
who have 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
tempt of his Majesties authority with which this house in the
Quality they are now Sitting is Invested willfully and Stubbornly
have done and doe refuse to give any such account as Required
Be it THEREFORE ENACTED by his Excellency the Governor
and Councill and Representatives Convened in General Assem-
bly and it is hereby Enacted by the authority of the same 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
perfect Account they are able to give of what they have 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 & Smith and Van Schaack, where the title
only is printed. Printed 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
Journals of Legislative Council, p. 143.)]
A Bill for preventing vexatious Suits &
Settling & quieting ye minds of his Ma'ties
peacable Subjects within this province.
[Passed, May 16, 1699.]
WHEREAS upon the newes of ye late happy Revolution and his
Ma'ties Glorious Enterprize to rescue ye Kingdomes of England
Scotland 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 people of England declare for their
Deliverer and for his Service took upon y'm ye Governm't of this
province & appointed Capt Jacob Leisler Comand'r in Cheif
thereof untill his Ma'tys pleasure should be known therein who
was afterwards Confirmed in ye Said Comand 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 arrival 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
50
394
LAWS OF THE COLONY OF NEW YORK.
raised by persons disaffected to his Ma'tys person & Goverm't
were by Inevitable necessity Constrained for ye preservation 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-
chandizes w'ch were Imployed for his Ma'tys Service and ye
Defence of this province in all which force violence and defect
of fforme was unavoidable which in a time of peace & Comon
Safety would not have 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 Some persons ill affected to his Maj'tys
Goverm❜t & ye Safety & welfare of this province have Comenced
& prosecuted & threaten to Comence & prosecute actions &
Suits against his Ma'tys good Subjects for & by reason of their
actings and doeings aforesaid, Therefore for preventing ye
trouble & Charge which ye said good Subjects might be put to
by ye means of Such Vexatious Suits ye Representatives Con-
vened in generall Assembly taking ye Same into their Serious
Consideracon and an Act of Parliament made in ye first year
of w'm & mary entituled an Act for preventing Vexatious Suits
against Such as acted in order to ye bringing in their Ma tys &
for their Service & ye Effectuall remedies therein prescribed
would be of great use in this province
Bee it therefore ENACTED and it is hereby Enacted by ye Gov'r
Councill & Representatives in Generall Assembly Convened & by
the Authority of ye Same that all 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 happy Revolucon in this province for their Ma'ties Service
& ye Safety of this Gov'ment be and are hereby discharged &
if any Action or Suite hereby declared or Intended to be dis-
charged shall be Comenced or prosecuted every person Soe Sued
may plead ye generall Issue & give this Act & ye Speciall mat-
ter in Evidence, and if ye plaintiff shall become non Suited or
forbear further prosecution or Suffer discontinuance or if a ver-
dict passe against him ye said Defend't shall recover his double
Costs for which he shall have ye like remedy as in Case where
Costs by Law are given to defend'ts
LAWS OF THE COLONY OF NEW YORK.
395
[CHAPTER 70.]
[Chapter 70, of Livingston & Smith and Van Schaack, 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 Journals of
Legislative Council, p. 143.]
A Bill for Setling ye Estate of Jacob
Milbourne Esq. Dece'd.
[Passed, May 16, 1699.]
WHEREAS Mary Milborne ye Wife of Jacob Milborne Dece'd
hath by her peticon to ye house of Representatives Convened in
Gener❜l Assembly sett forth that by an Act of parliam't passed
in England in ye Sixth & Seaventh yeares of his Ma'tys Reign
had ye attainder of her said Husband Reversed together with
all 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 had 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
them 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 have time
for one year & a day to Inquire & Examine after ye Estate of
her said husband Dece'd & in ye meane time to be Exempted
from all Actions & Suits until she can recover & come to ye
knowledge 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 representatives haveing taken
into their Consideracon BEE it therefore ENACTED by his Excel
the Gov'r & Councill & Representatives Convened in Generall
Assembly And it is hereby ENACTED by ye authority of ye
Same That all & every ye Lands & Tenem'ts together with all
& every their appurtenances w'ch were in ye Seizing of ye said
Jacob Milborn at ye time of his Conviction or Decease in ye
Citty & County of New-york & ye County of Ulster or in any
other County of this province are hereby invested into ye right
1
:
396
LAWS OF THE COLONY OF NEW YORK.
of ye said Mary Milborne and Jacob Milborne her only Son and
ye Survivor of y'm. To have & to hold all & every ye said Lands
& Tenem❜ts together with their and every of their appurtenances
Scituate lyeing & being in ye respective Citty & Countyes afore-
said unto y'm ye said Mary and Jacob Milborne her only Son
their heirs and assignes forever in as full & ample manner & to
all 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 Contrary
thereof in anywayes notwithstanding. And bee it further
ENACTED by ye authority aforesaid. That the said Mary Mil-
borne her Executors and Administrators are hereby Exempted
from all Actions & Suites for or Concerning 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 Shall During ye said
time be brought against her or her Execut'rs & Administ'rs for or
Concerning ye premises then she or they shall plead ye Generall
Issue & bring this Act & ye Speciall matter in Evidence & if ye
plaintiff shall become nonsuit or suffer a Discontinuance or that
a Verdict pass against him, she or they shall recover her or
their full Costs for which she or they shall have ye like remedy
as in Cases where Costs by ye Law are given to Defendants.
[CHAPTER 71.]
[Chapter 71, of Livingston & Smith 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 Schaack
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 Leiv't Gov'r.
[Passed, May 16, 1699.]
The Representatives Convened in General Assembly haveing
in their Consideracon 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 time knowing
that nothing can more effectually redound unto ye prosperity
and advantage of this province than y't ye trade thereof may
be duely regulated and maintained according to those most Excel-
lent rules and methods prescribed and Directed in ye Acts of
parliam't made in England for ye Regulacon of ye plantacon
LAWS OF THE COLONY OF NEW YORK.
397
trade and makeing ye Sam'e more Serviceable to ye Interest of
England in ye Sence whereof and in humble acknowledgm't of
that great Obligation done 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 Royall person and Govern't Establisht
here the Sume of two thousand pounds Currant mony of this
province to be Levyed upon all & every the Estates reall & per-
sonall belonging to any of ye ffreeholders Inhabitants and Resi
dents within this province &c in Such quota's and proportions
as are hereafter menconed. And with ye greatest affection
do most humbly 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 your
Ma'tys Capt Gener❜l and Gov'r in Chief in and over yo'r Ma'tys
province of New york and territoryes Depending thereon in
America and the Sume of ffive hundred pounds thereof being
ye residue of ye Said Sum of two
Sum of two thousand pounds
unto Capt John Nanfan yo'r ma'tys Leiv't Gov'r of ye Same
And humbly pray that it may be So Enacted Be it therefore So
Enacted by his Excel ye Govern'r & Councill and Representa-
tives Convened in General Assembly. And it is hereby
ENACTED by ye authority of ye Same that ye Sume of two
thousand pounds Currant mony of this province be Laid Assessed
Levyed and raised upon all & 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 Collector & 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-
porcons following that is to Say For ye Citty and County of
New York the Sum of five hundred Seaventy one pounds Cur-
398
LAWS OF THE COLONY OF NEW YORK.
rant mony aforesaid, for ye County of west Chester the Sume of
One hundred and three pounds and Eight 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 Countys 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 all of ye Currant mony aforesaid. And
for ye due and better assessing, Levying 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 shall
be Justices of ye peace do w'thin forty dayes after ye publication
hereof, assemble & meet together in ye Court houses, for ye
Severall & Respective Cittyes & Countyes, or such other place or
places as they shall agree 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, within 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 herein before 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 annually 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, meaning & 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 So nominated & appointed in manner aforesaid shall
to all intents & purposes be deemed & Esteemed ye Assessors &
Collectors of ye said townes mannors & Jurisdictions and
Observe & Execute ye Direccons of this Act. And be it further
ENACTED by ye Authority aforesaid That ye said Mayors and
Aldermen, ye Justices of ye peace for ye respective Cittyes &
Countys, have and Shall have by virtue of this Act full power
and authority each of y'm by himself to administer to Such
Assessor or Assessors that shall be Elected or nominated and
appointed in mannor aforesaid an Oath That they shall well &
truely Execute ye office of an Assessor, and well, truly, Equally
Impartially and in due proportion Assess, & rate ye Estates of
ye Inhabitants Residents Sojourners & ffreeholders, of ye respec-
tive places for w'ch they shall be Chosen, Elected, nominated, and
appointed assessors according to ye best skill and knowledge
and therein they shall Spare no person for favour or affection,
or greive any person for hatred or ill will, and ye Said Asses-
sors are hereby required to deliver one Coppy of their Assesm't
fairely written and Subscribed by them, unto ye said
Justices or to ye office of ye Clerk of ye peace of ye respective
Courty to w'ch they belong. And ye said Justices for each
respective County, or any two or more of them are hereby
ordered & required to Cause ye said Severall and respective
Assessments to them delivered, to be fairely Written and to
Signe & Seal Severall Duplicates or Coppies of ye Said Assess-
ment and one of them So Signed and Sealed, forthwith to deliver,
or cause to be delivered unto ye respective Collector within ye
Severall and respective Citties and Counties aforesaid, and Shall
likewise deliver or Cause to be delivered another faire Copy So
Signed and Sealed, unto ye Clerk of ye peace of ye respective
County to w'ch they shall belong there to be filed, and remain
upon Record. And ye Clerk of ye peace of each County is hereby
required to transmitt ye Sum of ye Assessment of each Town
unto ye Receiver General at New York for the time being within
Tenn dayes next and after his receipt thereof under the penalty
of five pounds for Such his Default And be it further ENACTED
by ye authority aforesaid That if any person or persons, who
shall be Chosen, Elected, nominated or appointed, in manner
aforesaid, Assessors or Collectors, shall deny, neglect, refuse or
delay, or unequally and partially shall Assess, as by this
act is required, or shall deny 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 ye peace of ye Cittys and Countys
where Such offenders shall happen to dwell or reside and who
400
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
Collectors, So denying refuseing neglecting or Delaying or un-
equally and partially assessing or refusing to Collect as afore-
said to ye Comon Goal there to Remaine w'thout Baile or maine-
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 nominate & appoint other
Collectors & 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 ENACTED by
ye authority aforesaid, That if any person or persons shall neg-
lect or refuse to pay ye Severall 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
Collectors that shall be Chosen & appointed to receive ye Same,
or w'thin tenn dayes next & after ye said Demand it shall
& may be Lawful to and for Such Collectors and they are
hereby required, for nonpayment 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 com-
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 Lawful 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 resistance
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 any Mayor Alderman
or Justice of ye peace within this province, who are hereby
required, Impowered or Authorized to take Effectuall care that
this Act and every Article and Clause therein be duely Executed
LAWS 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 Execute all
and every ye Duties, powers and authorityes by this Act required
and Impowered by him or them 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 Imprisonment, as by ye Discretion 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 prosecuted at any time hereafter against any person
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 SpecialÏ mat-
ter in Evidence And if the plaintiff or Prosecutor shall be non-
suited or forbear further prosecution, or Suffer discontinuance
or Verdict to pass against him, ye defendant or Defendants shall
recover tribble Costs, for w'ch they shall have ye like Remedy as
in Case where Costs by ye Law are given to Defendants 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 to ye Contrary hereof in any
wise notwithstanding
[CHAPTER 72.]
[Chapter 72, of Livingston & Smith and Van Schaack, where the act is
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
appears 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 Comons
and particular freeholders belonging to ye Inhabitants of this
province by a number of idle persons who enter upon other per-
sons Estates 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 Representatives 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
?
51
402
LAWS OF THE COLONY OF NEW YORK.
any manner of wood underwood timber poles or trees Standing
lyeing or groweing on ye Land w'ch to y'm does not belong but
is in ye right and possession of any other or off or from ye
Comons of any towne within this province other yn y't to which
he doth belong or if within ye Same towne haveing no right or
priviledge there without Leave or Lycence from ye major part
of ye propriety or ye trustees of Such Comons or ye owner or
owners possessor or possessors of ye Lands whereon Such wood
underwood timber poles 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 pole 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 within 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 where 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 parties Injured. AND bee it further ENACTED by ye author-
ity aforesaid That when in action of Trespass brought before a
Justice of peace ye Defendant 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 become bound w'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 forward a Suite for a tryall of his title at ye next
Inferior Court of Comon pleas to be holden for ye County in
w'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 hereby 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 pleas. 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 writt. of Scire
facias Shall issue out of ye Clerks office of ye Same Court in
manner as by law is directed 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 make out a title to ye Land or Tenem't on w'ch ye
trespass is alleadged to be done 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 done for treble
damages & Costs of Suite But if ye Defendant 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
Justice 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 fined 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
Exempted 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
only 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
Council, it appears that the act was signed by the Governor, May 16, 1699.
(See Journals of Legislative Council, p. 143.)]
THE
A Bill for ye raiseing of an Additional
Duty for ye defraying ye Debts of ye
Goverm❜t.
[Passed, May 16, 1699.]
THE Representatives Convened in General 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 Governm't should not
Sinke but ye Same may be Supported & those who have been
forward to Creditt & Assist ye Goverm't upon Sundry Emergen-
cies may be Lawfully recompensed and Sattisfied for such their
Service and y't ye Contingent Charge of ye Goverm't may be
Sustained have agreed y't ye additional Duty's & Rates
hereinafter menconed should be Levyed Collected and paid. And
pray that it may be ENACTED Bee it therefore ENACTED by
his Excel and Councill and Representatives Convened in Generall
Assembly and be it ENACTED by ye Authority of ye Same That
404
LAWS OF THE COLONY OF NEW YORK.
there shall be raised Levyed Collected 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 Severall rates
and Duties hereinafter menconed over and above all other Duties
Charges Impositions rates and Customes by any former Act &
Acts Sett Established and Imposed That is to say ye rate duty
and Custome of Six p Cent upon all 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 all woollen manufactures made in our neighbour-
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 mony 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
authority 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 ye 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 present
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
Contrary 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 confirmed by the
King, September 5, 1700. See chapter 94, for another act on the same
subject. Livingston & Smith and Van Schaack, state that the 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
Representatives in General Assembly in each
Respective Citty & County within this prov-
ince.
[Passed, May 16, 1699.]
WHEREAS of late ye Election of ye Representatives to
Serve in Assembly in ye respective Cittys & Countyes of this
province have been mannaged with great ourage tumult &
Deceit to ye grevious oppresion And Depriveing of ye Subject
of his Cheifest Birthright in Chuseing of his Representatives in
Assembly for Remedy whereof for ye time to come and y't ye
Subject may freely enjoy his undoubted right of Electing his
Representatives without Disturbance or molestacon. BEE it
ENACTED by his Excel ye Gov'r and Council & Representa-
tives Convened in General Assembly And it is hereby Enacted
byʻye Authority of ye Same y't ye Representatives of ye Cittyes
and Countyes to be Chosen within this province to come 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 have right to Choose by people dwelling and resident
in ye Same Cittyes Countyes and mannors whereof every one of
them shall have Land or Tenem'ts Improved to ye vallue of fforty
pounds in free hold free from all Incumbrances & have possessed
ye Same three months before ye test of ye said writt & they w’ch
Shall be Chosen shall be Dwelling & Resident w'thin ye Same
Cittys Countys & mannors & Such as have ye greatest number of
y'm who Shall have land or Tenem'ts Improved to ye vallue of
forty pounds in ffreehold free from all Incumbrances as afore-
said shall be returned by ye Sherriffs of every Citty Countys &
mannors Representatives for ye Assembly by Indenture Sealed
betwixt ye Said Sherriffs & ye Said Choosers so to be made &
every Sherriff of this province shall be hereby Impowered &
have 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 Representatives to
come to ye Assembly Contrary to ye intent of this Act, And
406
LAWS OF THE COLONY OF NEW YORK.
thereof be Convict in ye Supream Court of this province shall
incur ye paine & forfeiture of ffifty pounds to ye use of our Lord
ye King his heirs & Successors. And ye Representatives
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 Representatives have heretofore
been greatly Injured and Abused Now for remedying 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 Representatives to Serve in
ye Same Assembly w'th as much Expedition 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 Least of ye day appointed to ye Constable of
each towne within his Balywyick to be by ye Said Constables
affixed 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 free
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 Representative 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 poll shall
be required for ye Determination 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
poll in Some open or publick place or places by ye Same 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 poll Said Sherriff or in his
Absence his under Sherriff or Such as he shall Depute shall
LAWS OF THE COLONY OF NEW YORK.
407
appoint Such number of Clerks as to him Shall seem meet & Con-
venient for takeing thereof w'ch Clerks Shall all take ye Said
poll in ye presence of ye Said Sherriff or his under Sherriff or
such as he shall Depute and before they begin to take ye Said
poll every Clerk So appointed Shall by ye Said Sherriff or his
under Sherriff as aforesaid be Sworn truely & Indifferently to take
ye Same poll and to sett Down ye names of each Elector & ye
place of his ffreehold & for whom he shall poll And to poll no
Elector who is not sworn if So required by ye Candi-
dates or any of them y'n & there present (w'ch oath of
ye said Clerks
ye said Sherriff or his under Sherriff
shall
or such as he shall Depute are hereby Impowered to
Administer) And the Sheriff 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 present to be inspectors of every
Clerk who Shall be appointed for takeing of ye poll & every
Elector before he is admitted to poll at ye Same Election shall
if required by ye Candidates or any of them first take ye oath
hereinafter menconed w'ch Oath ye said Sherriff by himself or
his under Sherriff or Such Sworn Clerk by him appointed for
takeing of ye Said poll as aforesaid are hereby authorized to
Administer Vizt you shall Sweare y't you are a freeholder for
ye County of
And have Improved Land or
Tenem❜t to ye vallue of fforty pounds lyeing at
within ye said County of ffreehold. And that you have not
been before polled at this Election nor have you procured this
ffreehold to gaine your 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 perjury and be thereof
Convicted or if any person doe unlawfully or Corruptly procure
or subborn any freeholder as aforesaid or other person & shall
be thereof Convicted 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 ffifth 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 perjury ENACTED against
all Such who Shall Committ wilfull perjury or Subborn or pro-
cure any person to Comitt any unlawfull And Corrupt perjury
Contrary to ye said Act And be it further Enacted be ye author-
ity aforesaid that ye said Sherriff or in his absence his under
Sherriff or Such as he shall Depute as aforesaid shall at ye Same
place of Election proceed to ye polling all ye Elections then
and there present And shall not adjourne ye pole then & there
held to any other town or place within ye Same County without
408
LAWS OF THE COLONY OF NEW YORK.
ye Consent of ye Candidates then & there present nor Shall by
any unnecessary adjournm't in ye Same place of Election pro-
tract or delay ye Election but Shall duely & orderly proceed in
ye taking of ye Said poll from time to time from day to Day
without any further or other adjournm't without ye Consent of
ye Candidates then & there present until all ye Electors then
& there present shall be polled & no Longer. And bee it further
ENACTED be ye authority aforesaid that every Sherriff under
Sherriff or other Deputed by him to whom ye Election shall
belong for ye Electing of Representatives to Serve in Assembly
Shall forthwith Deliver to such person or persons as shall
Desire ye Same a Coppy of ye poll taken at Such Election pay-
ing only a Reasonable Charge for writing ye Same. And every
Sherriff under Sherriff or other person Deputed by him to whome
ye Execucon of any writt or precept for Electing Representatives
to Serve in Assembly doth belong for every wilfull offence Con-
trary to this act Shall forfeit to every party So greived the Sum
of Thirty pounds to be rece'd by him or them his or their Execu-
tors or Administrators together with full Costs of Suite, and for
which he or they may Sue by action of Debt bill plaint or Infor-
macon in any Court of Record in this province where no Essoign
protection wager of Law privilege or Imparliance shall be
admitted or allowed. And bee it further ENACTED by ye
authority aforesaid that no person w'tsoever being under ye
age of twenty one yeares Shall at any time hereafter be admitted
to give his Vote for Election of any representative or Repre-
sentatives to Serve in this or any future Assembly. And that no
person hereafter shall be Capable of being Elected a Representa-
tive to Serve in this or any future Assembly who is not of ye Age
of twenty one yeares. And every Election Returne of any person
under yt age is hereby declard to be null & void. And if any
Such minor hereafter Chosen, shall presume to Sitt or vote in
Assembly he shall incurr Such penalties and forfeitures, as if he
had presumed to Sitt and vote in Assembly without being
Chosen & returned. Alwayes provided that ye ffreemen in ye
Corporations of ye Cittyes of New York and Albany have Liberty
to vote in their respective Corporacons provided that they have
been freemen of ye Said Corporacons and have Actually dwelt
there three months before ye last of any Such writt of Election
in manner aforesaid shall be issued out any usuage Custome or
Law to ye. Contrary hereof in any wise notwithstanding and
alwayes provided that nothing herein Contained shall be con-
strued to have any Representative of this Assembly of his right
of Sitting therein So long as ye Same Shall Continue anything to
ye Contrary hereof in any wayes 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 Baskett. 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 BiИ for Reviveing an Act of Assembly
Expired by its owne Limittacon Entitled an
Act for ye Regulateing ye retaineing Attor-
neys at Law.
[Passed, May 16, 1699.]
BEE it ENACTED by his Excel. and Councill & Representa-
tives Convened in General Assembly and the authority of ye
Same 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 all Intents and purposes whatsoever
and all the Articles & Clauses therein menconed are to abide
and Continue in like force and Vertue to all 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 any 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 have been
unable to discover a copy of the original in the office of the Secretary of
State. Livingston & Smith and Van Schaack, say that 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 representatives
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 all Drift-Whales, and
other royal Fishes, that shall be cast on
the Shore, or found floating on the Coasts
of this Province.
[Passed, May 10, 1699.]
52
410
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 77.]
[Chapter 77, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 145, 166. The
act is not printed in Baskett. This act continued chapter 45, and is
continued by chapter 127. Livingston & Smith and Van Schaack, state
that this act was passed May 10, 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 Continueing ye Act for
Encourageing ye post office two yeares
Longer after ye Expiracon of ye last
Act made for Continuance of ye Same
[Passed, May 16, 1699.]
WHEREAS ye Act for Continueing ye Act for Encourageing
ye post office did Expire by its owne Limittacon on Some
day of Aprill last and ye advantage w'ch ye Inhabitants
of this province dayly have by ye mutuall Correspondence they
have with their neighbouring Colonies and plantacons & for ye
promoteing of trade and wealth of each other Encourageth ye
Continuance of ye Same Bee it therefore Enacted by his Excel
ye Gov'r & Councill and it is hereby Enacted by ye Authority
of ye Same That an Act Entitled an Act for ye Encourageing
ye post office which was Continued by another act three yeares
Longer than ye time Lymitted in ye Said Act shall be Continue
and abide for ye .Space of two yeares Longer next & after ye
Expiracon of ye time therein Lymitted in full force and Virtue
and all ye rates and Sumes of money Establisht by virtue of ye
Said Act upon Letters and pacquets that shall be recei'd &
dispatcht by ye office and offices Contained in ye said Act
shall be paid by ye Space of two yeares next and after ye
Expiracon of ye terme Lymitted in ye Said Act According to
Such rules & Directions and under Such penalties and forfeit-
urers as is Contained & Enjoined by ye said Act and ye afore-
said Act Entituled an Act for Encourageing of ye post office and
every Article rule and Clause therein menconed shall be abide
remaine and Continue in full force and Effect to all Intents and
purpose dureing ye said time as fully & in full & ample manner
as if ye same were particularly and at Large recited & Sett
down in ye body of this Act any thing Conteinued therein to
ye Contrary hereof in any wayes notwithstanding.
LAWS OF THE COLONY OF NEW YORK.
411
זי
[CHAPTER 78.]
[Chapter 78, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 138, 159. Title
only is printed in Baskett, p. 39. Livingston & Smith and Van Schaack,
state that the act was passed May 11. From the Minutes of the Legis-
lative Council, it appears that the act was signed by the Governor, May
16, 1699. (See Journals of Legislative Council, p. 143.)]
An act to Enable ye City & County
of Albany to Defray their
their necessary
Charge.
[Passed, May 16, 1699.]´
WHEREAS there was an Act of Generall Assembly made in
ye Nineth yeare of his Ma'tys Reign Entituled an Act to Enable
the Citty and County of Albany to Defray their necessary Charge
for two yeares from the publication thereof, which Act Doth
Terminate by its owne Limittacon upon ye first day of July next,
and ye Representatives of ye said Citty and County of Albany
humbly praying that ye Said Act may be Renewed & Continued
for two yeares Longer, after ye Expiracon of ye said Act BEE it
therefore ENACTED by his Excellency the Governor & Council
& Representatives Convened in General Assembly And it is
hereby ENACTED by ye authority of ye Same, That ye Imposi-
tion or rate of two per Cent shall be raised & Levyed upon all
Indian Goods that are brought up to ye Said Citty & County of
Albany and there Sold and Consumed and also y't ye 'Impost of
three pence be raised and Levyed upon each Gallon of Rum that
is Sold and Consumed within yt Citty and County and for ye
due and orderly Collecting of ye respective Imposts and Rates,
The treasurer of ye Said Citty for ye time being or any appointed
by him & ye May'r of ye said Citty under ye publick Seal of ye
Said Citty are hereby Impowered and authorized to appoint
Constitute and Establish a Collector or Receiver of ye Rates &
Imposts aforesaid who shall have power to receive the Same, &
to enter in a faire book kept for y't purpose all Such Sum and
Sumes of mony as shall so entred & rece'd for ye respective
Dutyes aforesaid ye said Collector or Receiver apointing Certain
Convenient times & places for ye keeping of ye office as shall be
Directed by ye Court of May'r & Aldermen and Assistants of ye
said Citty and all persons that trade & bring up to ye said Citty &
County ye aforemenconed Indian goods & Rum are hereby required
to make a report of ye quantity & vallue of Such goods & Rum
they so bring up & sell, in ye Citty & County aforesaid & pay
ye Duties and Imposts hereby Established w'thout being at any
further Charge than ye said Duty and in Default hereof it shall
412
LAWS OF THE COLONY OF NEW YORK.
be Lawful for ye May'r Treasurer or any other officer hereby
Authorized to Issue out his or their warrant under his or their
hand & Seal for ye Seizing of all Such goods & Rum as shall be
Imbezelled & not pay ye Duties aforesaid one third to the
Informer, one third to ye s'd Citty & County of Albany and one
third to his Excel the Gov'r or Comander in Cheif for ye time
being provided that all ye Sum & Sums of mony that are hereby
rece'd shall be only appropriated & applyed to ye defraying of
ye necessary Charge of ye Citty & County aforesaid and y't the
treasurer Collector or Receiver for ye time being Shall not pay
any of ye mony rece'd as aforesaid but by warrant from ye May'r
of ye said Citty and approved by ye Justices of ye peace of ye
said County, provided that this act shall only remaine in force for
ye Space of two Yeares & no Longer and to Comence upon the
Expiracon of ye former Act any thing Contained herein to ye
Contrary hereof notwithstanding.
[CHAPTER 79.]
[Chapter 79, of Livingston & Smith and Van Schaack, where the act
is printed in full. Printed in full in Brinley's Bradford, pp. 147,168;
Baskett, p. 35. Livingston & Smith and Van Schaack, state that the act
was passed May 12, 1699, but from the Minutes of the Council it appears
that the act was signed by the Governor, May 16, 1699. Repealed by
chapter 126. Livingston & Smith and Van Schaick state that the
repealing act was repealed by the Queen and this act was confirmed, June
26, 1708. The portion relating to water pond, repealed by chapter 600.
The original of this act is not in the office of the Secretary of State. This
copy is måde, partly from the enrollment thereof in the State Library,
and partly from Brinley's Bradford.]
AN ACT for ye Vacateing Breaking & An-
nulling several Extravagant Grants of Land
made by Coll Fletcher the late Govr of this
Province under his Majtie.
[Passed, May 16, 1699.]
Whereas their Excellencies the Lords Justices of England have
by their Instructions unto his Excellency the Govr bearing date.
ye ffourteenth day of 9 Nmber 1698 directed his sd Excellency to
use all Legall Means for ye breakeing of extravagant Grants
of Land in this province. And whereas there is an Extravagant
Grant of Land Sealed wth ye Seale of ye Province made by
Coll Fletcher late Govr of this province under his Maty unto
Mr Godfrey Dellius bearing date ye 1rst day of Sepember 1696
& registered in the Secreys office Containing a Certaine tract.
of Land lying upon the east side of Hudsons River between ye
Northermost bounds of Saraghtogo and the Rock Rossin Con-
P
LAWS OF THE COLONY OF NEW YORK.
413
taining about seaventy Miles in Length & goes backwards into
ye woods from the sd Hudsons River 12 Miles untill it Comes
unto ye wood back and so far as it Goes Bee it 12 miles more
or Less from hudsons River in the East Side and from sd Creek
by a line 12 Miles Distant from sd River to have & to hold
ye sd land & appurtance unto him the sd Godfrey Delius his
heires & Assignes for ever under the rent of one raccoon Skinn
per Annum. And whereas there is another Extravagant grant
of land made as aforesaid unto ye said Godfrey Delius Wm
Pinhorne & Evert Bancker &c Sealed also with the Seal of the
province bearing Date ye 30th of July 1697, & likewise registred
in ye Secretaryes office containing a Certaine tract of vacant
Land Lyeing upon Moquas River above a place Comonly known
by the Name of Orrakkee begining from a place Called by the
Natives Owendiere & runs up along the sd river about 50 Miles
more or Less to a place Called Arach Sochne & extending in
breadth between the sd places Owendiere & Arach Soghne two
Miles on each side of the river as it runns to have & to hold
the sd Tract of Land & appurtances unto the sd Godfery Delius,
Evert Bancker Wm Pinhorne &c their heires & Assignes for
ever under ye reserved rent of one Beaver Skinn for ye first
Seaven years & five bear skins yearly forever thereafter [In
Brinley's Bradford, Livingston & Smith and Van Schaick the
following clause appears at this point, but it is not in the
enrolled bill in the State Library:-"That it having appeared
before the House of Representatives convened in General As
sembly, that Mr. Godfrey Dellius has been a principal instru-
ment in deluding the Mohaque Indians, and illegal and sur-
reptitious obtaining of said Grant, that he ought to be, and is
hereby suspended from the exercise of his Ministerial Function
in the City and County of Albany."] and whereas there is
another extravagant grant of Land Made in Manner aforesaid
unto Coll: Nicholas Bayard bearing date the 12th day of Decem-
ber, 1695-6, & registred in ye Secreys Office Containing. a Certain
Tract of Land Scituate Lyeing & being upon ye Creek comonly
called & known by the Name of Skoharee wch runns into ye
Maquac River about 24 Miles above Schenechtidey begining at
ye Mouth of ye sd Creek from ye Indian feilds Called Jeandarage
& extending upwards on both sides of ye sd Creek to ye head
or first Spring thereof where it ends at or Near the hill Com-
only known by the Name of Kanjearagore the whole being
bounded on the North by ye sd Indian feilds of Jeandarage on
ye East & west by ye ridge of ye Hills & South by the Hill
Kanjearagore & ye same Erected into a Lordpp or Manner by
ye Name of ye Manner of Kingsfeild to have & to hold the sd
414
LAWS OF THE COLONY OF NEW YORK.
tract of Land & Lordpp & Manner unto him ye sd Nicholas
Bayard his heires & Assignes forever under the reserved rent
of one Otter Skinn p Annum. And whereas there is another
Extravagant Grant of Land Made in Maner aforesd unto Capt
John Evano' bearing date the 20th Day of Sepmr. 1694 Registred
in the Secreys office Containing all that tract & percell of Land
scituate lyeing & being upon the west side of Hudsons River
begining from the South side of ye Land Called the Palse now
inhabited by frenchmen & extending thence Sotherly along the
sd Hudsons river to ye land belonging to ye Indians at the
Murderers kill & extending westward to the ffoot of the high
hill's called Pitkiskaker &Aiaskawasting thence extending south-
erly all along ye sd Hills & the river pekadasank to a water
pond lyeing upon the sd Hills Called Merclary Comprehending
all those lands Meadows & woods called Nescatonck Chavangen
Memorasinck kakagh getawan annuck and Gillatawagh & all
& every of them & ye Same erected into the Mannor or Lordpp
of ffletcherdon to have & to hold the said tract of Land &
mannor off ffletcherdon wth appurtances unto ye sd John Evans
his Heirs & Assignes forever under ye rent reserved of one fat
buck per annum & whereas there is one other Extravagant grant
of Land made in Manner aforesaid unto ye sd John Evans bearing
date ye 9th day of August 1694 registered in the Sec'rys office con-
taining a Certain Swamp & ffresh pond called ye ffresh water
& adjacent to ye Kings ffarm formerly Called the Dukes farm on
ye Island Manhattens beginning at a Stake set in ye ground
[the remainder of this act is copied from Brinley's Bradford.
The enrollment thereof in the State Library ends at this point.]
on the south side of the said Pond, and at the north east corner
of the Land belonging to William Merrit, thence it rangeth along
the south side of the said Swamp and Pond by the upland, to the
Beech, on the east side of Hudsons River, so along the Beech to
the upland, thence crossing a small gut of said Swamp to the
Land on the east side thereof thence by the said Land, as it
runs, to the east side of the Tanyard, and thence to the place
where it begun. To have and to hold the said certain Swamp
and Pond and Appurtenances unto him the said John Evans
his Heirs and Assigns forever, under the yearly reserved Rent of
one Pepper Corn. And whereas there is another extravagant
Grant of the Kings Farm, in manner aforesaid, being a Lease.
or Demise of the said Farm unto the Church-wardens and Vestry-
men of Trinity Church for seven years from the date thereof,
being the 19th of August 1697. Registered in the Secretary's
Office, To have and to hold the said Farm and Appurtenances
into the said Church-wardens and Vestry-men of Trinity Church,
LAWS OF THE COLONY OF NEW YORK.
415
their Succesors and Assigns, for the term of seven years from the
date aforesaid, until the said term of seven years be fully ended,
under the yearly reserved Rent of sixty Bushels of Wheat. And
whereas there is another extravagant Grant of Land out of the
Kings Garden, in manner aforesaid, unto Coll. Caleb Heathcote,
bearing date the 2d of April, 1696, and registered in the Secre
tary's Office, containing a certain Lot or Toft of Ground lying
without the Stockadoes of the City of New-York, near adjoyning
to the Locust Trees, which were formerly part of the Kings
Garden, containing in breadth forty one foot, & in length fifty
foot. To have and to hold the said Lot or Toft of Ground unto
him the said Caleb Heathcote, his Heirs and Assigns forever,
under the yearly reserved Rent of one Shilling. And whereas
there is another extravagant Grant of Land out of the said Kings
Garden, in manner aforesaid, & of the date aforesaid, unto the
said Caleb Heathcote, being a Demise or Lease of another part of
the said Kings Garden for the Term of forty one years, which
lies vacant and unimproved being bounded by the Stockadoes or
Fence of the said Garden so far as the said Garden, in the reer,
does extend, and from the said Fence of Stockadoes so far into
Hudsons River as low Water-Mark, To have and to hold the said
other part of the said Garden unto the said Caleb Heathcote his
Heirs and Assigns, for the said term of forty one years from the
date of the said Demise, under the yearly Rent reserved of four
Shillings.
And whereas it does appear unto his said Excellency and
Council that all and every of the above-recited several and
respective Grants and Demises of Land and Premises, to all and
every the Person and Persons aforesaid, their respective Heirs,
Successors and Assigns, are in fact and deed absolutely extrava-
gant Grants issued by the said Coll. Fletcher, late Governour
of this Province under his Majesty, contrary to and against the
Trust reposed in him by his said Majesty, and are extravagant
Grants according to the true intent, meaning and Construction
of their Excellencies the Lords Justices of England said Instruc-
tions, and as such ought to be broke, vacated, annulled and made
of none effect forever. Be it therefore Enacted by his Excellency
the Governour and Council, and Representatives convened in
General Assembly, and it is hereby Enacted by the Authority of
the same. That all and every of the several and Respective extrava-
gant Grants of Land and Premises, granted, demised and sealed,
in manner aforesaid and heretofore recited and mentioned,
within all and every of their several and respective limits and
bonds afore-mentioned, & expressed are hereby brake, vacated
and forever annulled, and of none effect, And all and every the
416
LAWS OF THE COLONY OF NEW YORK.
afore-recited Grants and Demises, in manner aforesaid, for all
and every the several and respective Tracts & Parcells of Land,
Farms and Garden, with Appurtenances within all and every of
their several and respective limits and bounds aforesaid. And
all the Lordships, Mannors, Jurisdictions, Powers Authorities,
Rights, Benefits, Profits, Advantages belonging unto them cr
either of them shall forever hereafter cease, determine and
become null and void, and of none effect, to all intents, purposes
and constructions whatsoever, as if no such Grants Demises and
Registers of the same in the Secretarys Office had ever been done.
And they the aforesaid Grantees, Lessees, and every of them,
their and every of their Heirs Successors and Assigns are forever
hereafter divested of any Right, Title, or Claim unto the same,
or unto any part or parcel thereof within the several and respec-
tive Limits aforesaid, any Law to the contrary hereof in anywise.
notwithstanding. And his Majesty is hereby fully and imme-
diately Re-seized & Repossessed of all and every of the before
granted and demised Premises, in as full and ample maner as if
the same had never been granted and demised.
And be it further Enacted by the Authority aforesaid, That
all and every of the Grants & Demises for the several and respec-
tive Tracts of Lands, Swamps, Farms and Gardens, as aforesaid,
which are Registered in the Secretary's Office, shall upon the
Publication hereof be obliterated, razed, defaced, and the Memory
or Record of all and every of the aforesaid Grants shall be
reduced into Oblivion and Forgetfulness, as if no such Grants
had ever been made or registered in the said Office, any thing to
the contrary hereof in any wise notwithstanding. And to the
intent that it may not be in the Power of any of his Majesties
Governours or Commanders in chief, for the time being here-
after, to make for the future any such extravagant Grants of
Land, as aforesaid, Be it further Enacted by the Authority afore
said, That it shall not be in the Power of any of his Majesties.
Governours or Commanders in chief, which shall hereafter be
Governours or Commanders in cheif of this Province under his
Majesty, his Heirs and Successors to grant or demise for any
longer than for his time in the Government, any of the Lands
hereafter mentioned, that is to say, Natten-Island, The Kings
Farm, the Kings Garden, The Swamp and Fresh Water, as they
are now limited and bounded, being the Denizen of his Majesties
Fort at New-York, and for the benefit and accomodation of his
Majesties Governours and Commanders in chief for the time
being; and if any such Grants or Demises for the future shall be
made longer than for the time afore-mentioned, than all and every
of such Grants shall, ipso facto become null and void, and of no
LAWS OF THE COLONY OF NEW YORK.
417
use to all intents and purposes whatsoever, any Law, Custom or
Usage to the contrary hereof in any wayes notwithstanding.
Saving to the City of New-York the Right they have to the Fresh
Water, and Lands to low Water Mark behind the Kings Garden.
[CHAPTER 80.]
[Chapter 80, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 126, 147. Title
only is printed in Baskett, p. 39. Livingston & Smith state that the act
was passed May 12, 1699, but 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.) This act expired May 12, 1701, and is further
provided for by chapter 87.]
A Bill for preventing Soldiers Listed
in his Ma'tys Service in this Province of
New York from deserting his Ma'tys Said
Service
[Passed, May 16, 1699.]
Forasmuch as Sundry of his ma'tys Soldiers in his Garrisons
of New York & Albany have absented themselves & Deserted
ye said Garrisons of New York & Albany for ye prevention of
ye like for ye future Bee it therefore ENACTED by ye Gov'r &
Council & Representatives Convened in General Assembly, and
by ye authority of ye Same, that w'tsoever Soldier that is now
listed in his Ma'tys Service for ye Security of this province
as aforesaid or hereafter shall be Listed, That shall Desert or
forsake ye said Service without leave first obtained from ye
Gov'r Lieu't Gov'r or Commander in Cheif for ye time being
under his hand & Seal Shall Suffer ye pains of Death according
to ye tennure of an Act of parliam't passed in his Ma'tys King-
dom of England Entituled an Act for punishing officers & Soldiers
who shall mutiny or Desert their ma'tys Service and for punish-
ing false musters, & to ye end y't none of ye Inhabitants within
this province shall knowingly harbour Receive entertaine or in
any manner of way be helping, Aiding, assisting, or incourage-
ing to any of his Ma'tys Soldiers listed as aforesaid to desert
his Ma'tys said Service. Bee it further ENACTED by ye author-
ity aforesaid that whatsoever persons Inhabiteing, residing, or
Sojourning within this province shall after publication hereof
knowingly receive, harbour, Entertaine, or Conceal any of his
Ma'tys Soldiers listed as aforesaid, who shall desert his Ma'tys
Service without leave obtained as aforesaid in their houses,
Barnes, Stables, or any other Concealed places in any part of
this province w'thin THREE miles of York Albany or any other
53
418
LAWS OF THE COLONY OF NEW YORK.
Garrison or place where any number of Such Soldiers shall be
hereafter posted or shall be in any manner of way be aiding,
helping, assisting, or Encourageing to any of ye Said Soldiers
to desert his Ma'tys Service or be any ways helpfull to Carry
any of the Said Soldiers out of this Province Either by Ships,
Barque Sloop, Vessel Boate Cannoe horse or any other way Shall
for each Such offence pay or forfeit the Sume of twenty pounds
Currant money of this province to be Recovered by Bill plaint
or Informacon in any Court of Record within this province
where no Essoign protection or Wager of Law shall be allowed
one halfe whereof to our Soveraigne Lord the King his heires
and Successors to be Imployed for ye Keeping ye said Companies
Compleatly full & ye other halfe to ye Informer or he y't shall
Sue for the Same. And if it shall so happen that any person
or persons as aforesaid that shall be Convicted of any of the
aforesaid Offences & hath not Goods and Chattles Lands or Tene
ments for ye Satisfieing the forfeiture aforesaid shall be Severely
whipt upon his naked back according to the Discretion & Direc-
tion of y't Court of Record where ye prosecution shall be made,
provided they do not Exceed ye number of fourty Lashes Save
one, and shall likewise be Listed in ye Company where such
Deserters was and there Serve untill Some other Sufficient per-
son be Listed in his Room to make ye said Company so Com-
pleat, as it was before such Desertion happened. And to ye
end that all Such as shall Desert, his Ma'tys Service as afore-
said may be taken up & brought to their Respective officers.
Bee it further ENACTED by ye authority aforesaid that what-
soever person or persons that shall Discover any Soldier Listed
in his Ma'tys Service as aforesaid that are absenting themselves
or Deserting the Said Service & bring ye said Soldiers unto his
Ma'tys Garrison of New york or Albany shall have for his
Reward five pounds Currant money aforesaid over & above ye
Charges he shall Expend in Bringing him to his Ma'tys said
Garrison of New york or Albany and in the doing whereof all
his Ma'tys Justices of ye peace Sherriffs, under Sherriffs, Con-
stables & all others of his Ma'tys officers both Civill & military
are hereby required to be Aiding and Assisting both in
ye Discovery and bringing of such Deserters to his Ma'tys Gar-
risons of New-york or Albany as aforesaid Provided that nothing
Contained in this bill shall Continue or remaine in force Longer
than two yeares next and after ye publication hereof any thing
Contained herein to ye Contrary hereof in any ways not w'th-
standing.
LAWS OF THE COLONY OF NEW YORK.
419
་
[CHAPTER 81.]
[Chapter 81, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 119, 140. Title
only is printed in Baskett, p. 38. The original act is not in the office of
the Secretary of State, nor among the enrolled laws in the State
Library. The act as here printed was copied from Brinley's Brad-
ford, pp. 119, 140. Livingston & Smith and Van Schaack, state that
the act was passed May 15, 1699, but from the Minutes of the Council,
it appears that the act was signed by the Governor, May 16, 1699. (See
chapter 121.)]
An Act for Granting unto his Majesty
Several Duties for the defraying the publick
Charge of the Government after the time
limitted in an Act, entituled, AN Act Con-
firming and Continuing unto their Majesties
the Revenue Established by an Act of Gen-
eral Assembly for Defraying the Publick
and Necessary Charge of the Government, is
expired.
[Passed, May 15, 1699.]
HEREAS the Act of Assembly, entituled An Act confirming
and continuing unto their Majesties the Revenue estab-
lished by an Act of General Assembly made in the fourth Year of
their Majesties Reign, for defraying the Publick and Necessary
Charges of the Government, five years longer than the Term
therein mentioned, doth expire by its own Limitation upon the
18th day of MAY, which shall be in the year of our Lord 1700.
And Whereas the great Happiness which hath attended this
Province since his Majesties auspicious Reign, doth call for the
grateful Acknowledgment of all the good Subjects of this his
Majesties Province, for so great a blessing, which by the good-
ness of Almighty God this and all his Majesties Kingdoms, and
other Dominions, do enjoy under his gracious and vigilent
Government. In most humble sence whereof, the Representa
tives convened in General Assembly, having also in their Con-
sideration the extraordinary Care which his Majesty hath at all
times taken for the Safety and Welfare of this Province; and
being willing to give such fresh Demonstrations and Assurances
of their constant and unshaken Loyalty, and most dutiful
Affections unto his most Excellent Majesty, do therefore freely
and heartily give and grant unto his most Excellent Majesty, for
and during the time, term and space of six years, from and
after the 18th day of MAY, which shall be in the year of our
Lord 1700 the Rates, Duties, Excise and Sums of Money herein
after mentioned, for the defraying the necessary Charge of the
Government. And do must humbly pray that it may be
420
LAWS OF THE COLONY OF NEW YORK.
Enacted and be it therefore Enacted by his Excellency, the
Governour, and Council, and Representatives convened in
General Assembly. AND IT IS HEREBY ENACTED BY THE
AUTHORITY OF THE SAME. That there shall be raised,
levyed, collected paid and satisfied unto his Majesty for the
time, term and space of six years, from and after the said 18th
day of May, which shall be in the year of our Lord 1700. for the
use aforesaid, the Rates, Duties, Impositions & Excise upon the
Goods, Wares, Merchandizes, Furs, Wines and other Liquors
herein after mentioned, in manner and Form following, that is
to say.
For every Gallon of Rum, Brandy and Distilled Liquors, that
shall be Imported into this Province, and Dependencies afore-
said, the Sum of FOUR PENCE current Money, of this Province,
And for every Pipe of Madera, Malmsey, Fyal, St. Georges, Pas-
sedo, Canary Mallego, Sherry and all other sort of sweet Wines,
the Sum of Forty Shillings, current Money aforesaid; and so in
proportion for greater and smaller Quantities Imported as
aforesaid. And for every Hogshead of Red, White and Rhenish
Wines the Sum of Twenty Shillings current Money aforesaid
and so in Proportion for all greater and smaller Quantities,
Imported as aforesaid. And upon all other Merchandizes
imported into this Province and Dependencies aforesaid, the
Sum of Forty Shillings, current Money aforesaid, for every hun-
dred Pounds prime cost, except these hereafter specified, viz.
Salt, Brick, Pantiles, Coles, Fish, Sugar, Mallosses, Cotton,
Wool, Ginger, Log-wood-Brazilletto, Fustick, or any other sort
of Dying Wood, West India Hides, Tobacco, Bullion, Plate,
Cocco, Pork, Oyl, Tar, Flax, Soap, Candles, Tallow, Cheese,
Butter, Beef, Whale-bone, Hops, Apples, Pears, Syder, Fire wood,
Plank, Boards, Pipe Staves, Timber, Peltry, Beaver, Sheeps Wool,
Onions, Dressed & Undressed Deer Skins, Honey, Bees Wax, Bay
Wax, Indian Corn, Wheat, Barley, Rye, Pease, or any other sort
of Grain, or any other thing of the Growth & Production of our
Neighbouring Collonies and Plantations in America.
And be it further Enacted by the Authority aforesaid, That
there be also given and granted unto his said Majesty, for the
intent aforesaid, upon all Merchandize commonly called by the
Name of Indian Goods, as Duffils, red, blew, and black, Strounds,
Blankets, Plains, half thicks, Woolen Stockins, White Ozenbrugs,
Mellish Kettles, Hatchets, Hoes, Red Lead, Vermillion, Cotton,
Red Kersies, Knives, Indian Habbardasherry, & other Indian
Goods, the Sum of Five Pounds current Money aforesaid, for
every hundred Pounds prime cost, which shall be imported into
this Province and Dependencies, aforesaid, over and above the
LAWS OF THE COLONY OF NEW YORK.
421
Forty Shillings for every hundred Pounds prime Cost before
given and granted unto his Majesty, by this present Act; and
that the Value of the prime Cost, shall be at the Rates hereafter
mentioned, viz., Indian Duffils to be valued at two Shillings & four
Pence per yard, Indian Strouds, half a piece, four Pounds, a
whole piece eight Pounds; Indian Blankets, each piece four
Pounds, Indian plain Cotten, eighteen pence per yard; half
Thicks two Shillings and two pence per yard, Indian white Ozen-
brugs Mellish, the English Ell eight Pence, Indian Kettles, under
eight Gallons, six Pounds per hundred weight; Indian Hatchets,
twelve Shillings per dozen; Indian Hoes, twelve shillings
per dozen; Red Lead,
Lead, twenty Shillings
Shillings per hundred
weight; Vermillion, four Shillings per pound, Cotton sixteen
pence per yard; Red Kersies, two shillings six pence per yard;
Knives, three shillings per dozen; Indian Shirts, twenty shillings
per dozen; Indian Drawing Knives, Looking Glasses, Indian
Wooden Combs, Indian Beads, Tobacco in Rolls, Indian Bells,
Scissars, Jews Harps, Indian Points, Drills, Tobacco Pipes, little
painted Boxes, Awls, Sword Blades, Copper Tobacco Boxes,
Tincey Lace, Indian Gimp Lace, Needles, Tobacco Tongs, Indian
Powder Horns, Indian woollen Stockins, and Indian Steels, the
Sum of six Pounds current Money aforesaid, over and above the
Two per Cent, aforesaid, for every hundred Pounds value at
prime Cost.
And be it further Enacted by the Authority aforesaid, That
there be also given and granted unto his Majesty, for the intent
aforesaid, for every Barrel of Powder six Shillings, for every
hundred Pounds of Lead, six Shillings for every Gun with or
without a Lock, six Shiliings that shall be carryed up Hudson's
River in any Vessel Sloop or Canow, or by any other way
whatsoever.
And be it further Enacted by the Authority aforesaid, That
there be also given and granted unto his said Majesty, for the
purpose aforesaid, the Duty of Excise upon all Liquors retailed
throughout the Province and Dependencies aforesaid, under the
Quantity of five Gallons, the sum of twelve Pence, current Money
aforesaid, for each Gallon so retailed (Beer and Syder only
excepted) and likewise the sum of six shillings for each Barrel
of Beer and Syder sold by Retail through out this Province.
And it is further Enacted by the Authority aforesaid, That
there be given and granted, and there is hereby further given and
granted unto his said Majesty, for the Use aforesaid, a Rate and
Duty upon the Furs and Peltry, hereafter mentioned, that shall
be exported out of this Province and Dependencies, that is to say,
For every Beaver Skin, commonly called a whole Beaver, the sum
422
LAWS OF THE COLONY OF NEW YORK.
of Nine Pence, currant Money aforesaid; and that all other Furs
and Peltry be rated accordingly, (that is to say) For two half
Beavers the sum of 9d. current Money aforesaid; for four Laps,
9d. for three Drillings, 18d. for ten Raccoons 9d. for four Foxes
9d. for four Fishers 9d for five Cats 9d. for six Minks 9d. for one`
Otter 6d. for two Bear skins 9d. for twenty four Musk Rats 9d.
for ten Martins 9d. for every twenty four pounds of Deer and
Muse skins 9d. and for every Ox, Cow and Bull Hide slaughtered
in this Province and Dependencies, 6d. And all other Peltry to
be valued to a whole Beaver, 9d.
And for the due and orderly collecting of the aforesaid Rates,
Duties and Excise, and also for preventing of Frauds and Im-
bezilments of the said Rates, Duties and Excise, Be it further
Enacted by the Authority aforesaid, That all Ships and Ves-
sels whatsoever, that shall come to any Port, Creek or Harbour
within this Province and Dependencies, to trade or traffick, the
Master, Mate or Purser shall come to such place or places as
shall be appointed by the Governour, for the time being, and
there make Report of all such parcel or parcels of Merchandize,
or other things, that he or they have on board such the said
Ship or Vessel, and also declare upon their corporal Oathes,
That he or they have not broke bulk since his arrival within this
Province, before he or they made such Report, as aforesaid.
And also, all Merchants that have any Goods or Merchandize on
board such Ship or Vessel, as aforesaid shall at such place
or places as is above directed, make a true and distinct Entry
of all such parcel or parcels of Goods or Merchandize he hath
on board such Ship or Vessel, according to the prime cost.
And if any Difference shall arise about the Value of the said
Goods, his Majesties Collectors, for the time being, is hereby
authorized to administer to all or any such person or persons,
making such Entry, their corporal Oath, That the said Entry
is according to the Invoice or Invoices sent to them from the
place or places from whence such Goods or Merchandize did
come.
And it is further Enacted by the Authority aforesaid, That
if any Master, Mate or Purser of any Ship or Vessel whatsoever, or
any Merchant, Factor, or other, shall, contrary to these Rules
above directed, break Bulk or land any Goods or Merchandize
whatsoever, before he or they make Report or Entry, and pay
such Duties as is required by this Act, then and in such case
the Master of such Ship or Vessel, that shall break Bulk before
making such Report, as aforesaid, shall upon proof made thereof
by two sufficient and lawful Witnesses, forfeit his said Ship or
Vessel, with all her Tackle, Furniture, & Ammunition, one third
LAWS OF THE COLONY OF NEW YORK.
423
to his Majesty, one third unto the Governour, and one third
unto the Informer, to be sued for in any Court of Record within
this Province, by Bill, Plaint or Information, wherein no Essoyn,
Protection or Wager of Law shall be allowed. And also, all
such Goods as shall be landed without Entry made, as aforesaid,
shall be in like manner forfeited, one third unto his Majesty,
one third to the Governour, and one third to the Informer, to
be sued as aforesaid.
And be it further Enacted by the Authority aforesaid, That
all Masters of Ships or Vessels that are within this Province,
and do not belong unto the same, or any part thereof, and
bound to any part within or without this Province, shall, before
they take any Merchandize, above expressed, come to such place
or places as shall be appointed for the Collecting the Rates &
Duties established by this Act, and there make their Entry and
Report of their Design, and enter into Bond, to the value of
one Thousand Pounds, current Money of New York, with suf-
ficient Sureties, that they shall not take on board directly or
indirectly, any Goods or Merchandize afore recited and expressed,
without such permit or Certificate from the Collector, or any
having authority under him, for the same. And if they do take
on board any Goods or Merchandize afore recited and expressed
contrary to the true intent and meaning of this Act, then they
shall forfeit their Bonds, to be sued within three Months after
such fact committed, or otherwise to be void, and of no force and
virtue.
And all Masters of Ships, Sloops, Boats, or any other Vessel
belonging to this Province, and its Dependencies, shall once
in the year repair to the Custom-house, or to other place or
places, that shall be appointed for that purpose, and there enter
into Bond, to the value of One Hundred Pounds current Money
aforesaid, that they shall not directly or indirectly take on
board and carry out of this Province, any of the aforesaid
Goods and Merchandize, without first making Entry thereof,
and paying such Rates and Duties as are before recited and
expressed; and if they do take on board any of the aforesaid
Goods and Merchandize, without making Entry thereof, or pay-
ing of the Rates and Duties aforesaid, then the said Bond shall
be forfeited.
And for the due and orderly Collecting of all Duties of Excise
hereby given and granted, Be it further Enacted by the Authority
aforesaid, That all Retailers of Wine, Rum, Brandy, or any other
strong Liquors, within this Province or Dependencies, shall, upon
their purchase and receipt of all such Liquor or Liquors, before
expressed and exciseable, come to the Office or Offices of the
•
424
LAWS OF THE COLONY OF NEW YORK.
Excise, and there, or with him make Entry of all such Liquor or
Liquors as they shall buy or receive, and pay such Duties as are
hereby appointed, within twenty four hours, or at such con-
venient time as the Officer of Excise shall appoint; and on
Default thereof, all such Liquors as shall be found in any
Retailers House, or Ware-house, Cellar, or other place belonging
unto him, within this Province or Dependencies, and have not
been duely entered, and paid the Duties of Excise, as aforesaid,
then and in such case, upon Conviction by Oath of one or more
credible Witnesses, before any Justice of the Peace within this
Province & Dependencies, the said Retailer or Retailers so offend-
ing in the premises shall forfeit all such Liquors & three times
the value thereof, one third to his Majesty, one third to the
Governor, and one third to the Informer who shall prosecute the
same before any Justice of the Peace throughout this Province
and Dependencies, who are hereby Authorized and Impowered
to hear and determine the same, and if need be, to issue out their
Warrant for the seizing and condemning of all such Liquors for-
feited as aforesaid, and for committing to Goal all such Retailers
of Liquors who have not entered and paid the Duties of Excise
in manner aforesaid, there to remain without Bail or Main prize
until they shall satisfie and make payment of three times the
value of such Liquors seized and forfeited as aforesaid. Provided,
That he or they have liberty to appeal to the next Sessions of the
Peace, giving Security to answer the same.
And be it further Enacted by Authority aforesaid, That if any
Person or Persons within this Province & Dependencies, not
being duly licensed, shall at any time here after presume to
sell by Retail any the liquors aforesaid that is to say, a less
quantity, at one time than five Gallons, the Persons so offending
shall forfeit and pay the sum on five Pounds, current Money
aforesaid, for every such Offence, being thereof convict by the
Oath of one or more credible Witnesses, to be sued as aforesaid
before any Justice of the Peace throughout the Province, and to
be imployed in such manner and proportion as aforesaid.
Alwayes provided, and it is the true intent and meaning of this
Act, That no Retailers of Liquors, under five Gallons, or any
other that shall sell any Liquor or Strong Liquors, shall take any
such Liquor into their Houses, Cellers or Ware-houses, or into
any other place belonging unto them, in New-York and Albany,
but by the hands of the sworn Porters, under the Penalty afore-
said, to be sued and recovered, for the Uses aforesaid, in manner
and form aforesaid. Alwayes provided, and it is hereby
understood, That there shall no Duty be paid, nor forfeiture
made upon any Goods or Merchandize that are not sold or landed
LAWS OF ་
425
THE COLONY OF NEW YORK.
within this Province and Dependencies. Always provided,
That all Merchants qualified to Trade, by Acts of Navigation and
Regulating the Plantation Trade, coming into this Province, or
any part thereof, be well and honestly treated and demeaned for
such things as by this Act is granted, without Oppression to be
done to them, paying the Duties aforesaid.
[CHAPTER 82.]
[Chapter 82, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 137, 158. Title
only is printed in Baskett, p. 39.]
A Bill for ye Enabling ye City of
New Yorke to pay their Debts & to Erect &
repair their publick buildings & defray
their necessary and publick Charge.
[Passed, May 16, 1699.]
WHEREAS ye Citty of New york by reason of ye Exces-
sive Charge they have been at dureing ye late Warr is become
Considerably in Debt, and their Citty hall and fferry house are
fallen into Such a Decay as there is an absolute necessity for
ye rebuilding of ye Same, as well as other necessary and public
buildings for ye good weal and accomodation of ye said Citty.
To ye end therefore y't ye said Citty of New York may be ye
better enabled to Erect a new Citty hall rebuild their ferry house
and other necessary publick buildings in ye said Citty and pay
their Just Debts and defray the other Contingent publick
Charge of ye same Bee it therefore Enacted by his Excel &
Councill, & Representatives Convened in General Assembly
And it is hereby ENACTED by ye Authority of ye Same that ye
May'r Recorder Aldermen & Assistants of ye Said Citty for ye
time being or ye Major part of them whereof ye May'r or
Recorder of ye Said Citty to be one shall yearly in ye week
before ye feast day St. Michael ye Archangel Elect & appoint
Six good and Sufficient Cittyzens inhabiting within ye Said
Citty who shall be called ye overseers of ye publick works and
buildings of ye Said Citty & they or any three of them by and
with ye Consent of ye May'r or Recorder Aldermen & Assistants
of ye Said City are hereby authorized Impowered &
Enabled annually and once every year at the time aforesaid to
raise a reasonable tax upon all & every ye Inhabitants free-
holders and Sojourners within the Said Citty towards ye Erect-
ing a new Citty hall rebuilding their fferry house & ye other
necessary publick buildings in ye sald Citty as well as for pay-
54
426
LAWS OF THE COLONY OF NEW YORK.
15
.ng their Just Debts and defraying ye other Contingent publick
Charge of ye said Citty. And for ye better raiseing & Levying
ye said Taxe for ye uses aforesaid, BEE it further ENACTED by
ye authority aforesaid That ye May'r or Recorder Aldermen &
Assistants of ye said Citty or ye Major part of them, whereof ye
May'r or Recorder of ye said Citty to be one with ye overseers
So to be nominated as aforesaid or any three of them shall meet
together at least once in every three months at ye Citty hall
of ye said Citty or Such other place as ye May'r shall appoint
and there to Consider how much mony will be needfull to be
raised for one year for ye defraying of ye Charge as aforesaid
& ye Estimate thereof they shall cause to be particularly
expressed in writing that is to say the particular Sum or Sums
that they shall Judge needfull for ye Erecting a new Citty
hall, & So respectively for all Such other buildings Debts &
necessary Charge w'ch shall be needfull to be Imployed for one
Year w'ch Sums & Sums of mony so particularized & Estimated
as aforesaid shall be by ye Assessors of ye said Citty equally
and proportionably assessed upon ye reall & personal Estates
of all and every ye Inhabitants freeholders & Sojourners w’thin
ye Said Citty for one year for ye purposes aforesaid w'ch being
allowed and Confirmed by ye Mayo'r or Recorder or any two
or more of ye Aldermen of ye Said Citty Shall be Collected
by ye respective Collectors of ye Said Citty and quarterly paid
by every Respective Inhabitant freeholder or Sojourner within
ye Same Citty upon Demand made thereof by ye respective Col-
lectors aforesaid appointed to gather and Collect ye Same and
in Case of Refusall or neglect of any person or persons paying
of ye Sume they Shall be so assessed when thereunto demanded
as aforesaid Then it shall be Lawful by warrant of ye May'r
or Recorder and any one or more of ye Aldermen of ye Said
Citty under their hands and Seales to Cause Levy the Sum So
assessed by distress and Sale of ye offenders goods all w'ch
Sum or Sumes of mony Collected paid and Levyed as aforesaid
shall be paid unto ye Treasurer of ye Said Citty quarterly and
there shall remaine untill ye Same be ordered for ye purposes
aforesaid by order of ye Comon Councill of ye Said Citty by war-
rant under ye hand & Seal of ye May'r And Bee it further
ENACTED by ye authority aforesaid That if ye May'r or
Recorder Aldermen & Assistants shall refuse delay or neglect
to nominate and appoint overseers yearly as is before appointed
that then each of them shall loose & forfeit for every
Such Default the Sume of ffive pounds Currant mony of New
york to be Imployed for ye relief of ye poore of ye said Citty,
and to be Levyed by distresse on their goods by warrant from
•
LAWS OF THE COLONY OF NEW YORK.
427
ye generall quarter Sessions of ye peace of ye said Citty, And
if any overseers assessor or Collector shall refuse neglect or
delay to Serve & Execute ye respective Duties before men-
coned & required shall for each Default that Shall happen
Loose and forfeit ye Sume of ffive pounds Currant mony afore-
said to be Levyed by distresse & Imployed as aforesaid by war-
rant under ye hand & Seal of ye May'r or Recorder and any
two of ye Aldermen of ye said Citty Provided that this act nor
nothing herein Contained shall Continue or remaine Longer
in fforce than ye space and terme of three yeares next and after
ye publication hereof.
[CHAPTER 83.]
[Chapter 83, of Livingston & Smith and Van Schaack, where the act
is printed in full. Printed in full in Brinley's Bradford, p. 139, 160;
Baskett, p. 32, states that this act was confirmed by the King, September
5, 1700.]
A Bill to Enable ye Respective Townes
within this province to build & repair their
meeting houses & other publick buildings
[Passed, May 16, 1699.]
WHEREAS ye Severall & respective Townes within this pro-
vince are at a great Loss for want of publick buildings for ye
worship and Service of God as well as for other necessary pub-
lick Services, To ye end therefore that each respective Town
within this province may be Enabled to Erect publick buildings
for ye worship of God & other publick Services Bee it ENACTED
by his Excel & Councill and Representatives Convened in Gen-
erall Assembly & it is hereby Enacted by ye Authority of ye
Same that ye Trustees of each respective Towne within this
province or Such other persons who Shall be yearly Elected
by ye major part of ye ffreeholders of each respective Towns
within this province shall be hereby Impowered annually or
once a year to make a yearely rate either for ye Erecting of
a publick Edifice or Church for ye worship & Service of God
where ye Same is wanting or for any other publick buildings
towne houses & Joales for ye publick Service of ye Town w’ch
rate shall be laid upon all & every ye ffreeholders Inhabitants
& Sojourners in each respective town aforesaid. According to
Such manner & in Such form as ye other publick rates are
Established for ye defraying ye publick Charges of each respect-
ive County w'thin this province, And ye assessors & Collectors
of ye respective Townes aforesaid are hereby required to
Execute their Dutys accordingly and if any person or persons
within any of ye said respective townes who shall be rated
428
LAWS OF THE COLONY OF NEW YORK.
assessed as aforesaid shall refuse to pay or Contribute their
proportion So rated & Assessed then it shall be Lawful for
ye Collector of ye said town where such refusall shall happen
to Levy ye Same by distresse upon ye goods & Chattels of y'm
or him So offending by warrant under ye hand & seale of ye
Justice of ye peace of ye towne where ye offence shall be And
all and every ye publick rates hereby Established shall by ye
Trustees or Such other persons who shall be yearly Elected by
ye maj'r part of ye ffreeholders as aforesaid be only Imployed
to ye buildings & repairing of ye Said publick Edifices & buildings
& to no other use purpose or Intent w'tsoever any thing to ye
Contrary hereof in any wise notwithstanding Provided & be
it Enacted by ye authority aforesaid y't ye precinct of Bridge
Hampton comonly called Sagaboneck & Mecoxe within ye Towne
of Southampton shall for ever hereafter be Esteemed a Distinct
Parish from ye Said Towne of Southampton and have and
Injoy all ye privileges & Benefits of a distinct parish for ye·
building and Erecting of a publick Edifice with its appurte
nances for ye publick Service of God according to ye true Intent
& meaning of this Act and they are hereby Impowered & Author-
ized to Lay rates upon their respective ffreeholders Inhabitants
& Sojourners within ye Said precincts of Bridghampton in as
full & ample manner as if ye said precinct were a Separate &
Distinct Town within this province anything Contained in ye
Grant of Southampton to ye Contrary hereof in any wayes
notwithstanding.
THE SEVENTH ASSEMBLY.
Second Session.
(Begun July 25, 1700, 12 Wm. III, Richard, Earl of Bellamont,
Governor.)
[CHAPTER 84.]
[Chapter 84, of Livingston & Smith and Van Schaack, where the act is
printed in full. Printed in full in Brinley's Bradford, pp. 154, 175;
Baskett, p. 41. Livingston & Smith and Van Schaack, state that the act
was passed July 31, 1700. The portion of the original containing the date
of passage and signature of the Governor is torn off, but from the
Minutes of the Council, it appears that the act was signed by the
Governor, August 9, 1700. (See Journals of Legislative Council, p. 149.)
Confirmed by the Queen, May 20, 1708. (See Fowler's Bradford, p.
CXXXVIII.)]
An act against Jesuits & popish preists
[Passed, August 9, 1700.]
WHEREAS divers Jesuits preists and popish missionaries
have of late, come and for Some time have had their residence in
the remote parts of this Province and other his na'tys adjacent
LAWS OF THE COLONY OF NEW YORK.
429
Colonies, who by their wicked and Subtle Insinuations Indus-
triously Labour to Debauch Seduce and w'thdraw the Indians
from their due obedience unto his most Sacred ma'ty and to
Excite and Stir them up to Sedition Rebellion and open Hostility
against his ma'tys Goverm't for prevention whereof Bee it
Enacted by his Excel the Gov'r Council and Representatives
Convened in General Assembly and it is hereby Enacted by
the Authority of the Same, That all and every Jesuit and Sem-
inary Preist missionary or other Spirituall or Ecclesiasticall
person made or ordained by any Authority power or Jurisdicon
derived Challenged or p'tended from the Pope or See of Rome
now resideing w'th in this province or any part thereof shall
depart from and out of the Same at or before the first day of
November next in this present year Seaventeen hundred.
And be it further Enacted by the authority aforesaid, That all
and every Jesuit Seminary Preist Missionary or other Spirituall
or Ecclesiasticall person made or Ordained by any Authority
power or Jurisdiction derived Challenged or p'tended from the
pope or See of Rome or that shall profess himself or otherwise
appear to be Such by preaching & teaching of others to Say any
popish prayers by Celebrating masses granting of absolutions
or using any other of the Romish Ceremonies & Rites of worship
by what name title or degree So ever such person shall be called
or known who shall Continue abide remaine or come into this
province or any part thereof after ye first day of November
aforesaid shall be deemed and Accounted an incendiary and
disturber of the publick peace and Safety and an Enemy to the
true Christian Religion and shal be adjudged to Suffer per-
petuall Imprisonm't and if any person being So Sentenced and
actually Imprisoned shall break prison and make his Escape
and be afterwards retaken he shall Suffer such paines of Death
penalties and forfeitures as in Cases of ffelony. And it is fur-
ther Enacted by the authority aforesaid, That every person that
shall wittingly and willingly receive, harbour, Conceale aid
Succour and releive any Jesuit preist missionary or other Eccle-
siastical person of the Romish Clergy knowing him to be Such
and be thereof lawfully Convicted before any of his ma'tys.
Courts of Records w'th in this Province w'ch Courts are hereby
Impowered and Authorized to hear try and Determine the Same
he shall forfeit the Sum of two hundred pounds Currant mony
of this Province one half to his Maty for and towards the Sup-
port of the Goverm❜t and the other half to the Informer who shall
sue for ye Same in any Court of Record w'thin this province
wherein no Essoyn protection or wager of Law shall be allowed
and Such person shall be further punished by being Set in ye
430
LAWS OF THE COLONY OF NEW YORK.
pillory on three Severall dayes and also be bound to the good
behaviour at the discretion of the Court. And be it further
Enacted by the Authority aforesaid That it shall and may be
Lawfull-to and for every Justice of the peace to cause any per-
son or persons Suspected of being a Jesuit, Seminary Preist or
of the Romish Clergy to be apprehended & Convented before
himself & Some other of his ma'tys Justices and if Such person
do not give Sattisfactory acco't of himself he shall be Com-
mitted to prison in order to a Tryall also it shall and may be
Lawful to and for any person or persons to app'rehend w'thout
a warrant any Jesuit Seminary preist or other of the Romish
Clergy as aforesaid and to Convent him before ye Gov'r or any
two of the Council to be Examined and Imprisoned in order to
a Tryall unless he give a Sattisfactory acco't of himself and as
it will be Esteemed and accepted as a good Service don for ye
King by the person who shall Seiz & apprehend any Jesuit
Preist missionary or Romish Ecclesiactick as aforesaid So the
Gov'r of this province for ye time being w'th ye advice & Con-
sent of the Council may Suitably reward him as they think fitt.
Provided this act shall not Extend, or be Construed to Extend
unto any of the Romish Clergy, who shall happen to be Ship-
wrackt, or thro' other adversity shall be cast on shoure or
driven into this province, So as he Continue or abide no Longer
w'thin ye Same than untill he may have opportunity of passage
for his Departure So also as Such person Immediately upon his
arrival shall forthwith attend ye Gov'r if near to ye place of
his Residence or otherwise on one or more of ye Council or next
Justices of the peace, & acquaint y'm w'th his Circumstances
& observe ye Direccons w'ch they shall give him during his stay
in ye province.
[CHAPTER 85.]
[Chapter 85, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 152, 173. Title
only is printed in Baskett, p. 43. Livingston & Smith and Van Schaack,
state that the act was passed August 8, 1700. From the original it
appears to have been signed by the Governor, August 9, 1700. This act
was continued by chapter 111.]
An Act for Appointing & Enabling
Com'rs to Examine & take & State ye publick
acco'ts of this Province.
[Passed, August 9, 1700.]
WHEREAS this Province in the late long Warr have been at
great Expence of blood and Treasure for the defence thereof
and whereas some persons pretend great Sumes of mony yet to
remaine unpaid and that the funds granted in generall Assem-
LAWS OF THE COLONY OF NEW YORK.
431
bly have been not Sufficient to defray the Same Therefore for the
better knowledge Examinacon & Stating the acco'ts of the
receits Issued & distribucons of the publick Revenue of this pro-
vince and Such Taxes raised & Imposed upon the people thereof
by acts of General Assembly for the Defence of this Province in
the late Warr w'ch ye ffrench and their Indians and other the
Incident Charges thereof as well in the said time of warr as also
at any time Since Bee it Enacted by his Excel and Council &
Representatives Convened in General assembly, & it is hereby
Enacted by the authority aforesaid That Leonard Lewis Esq'r
Abra: Governeur Esq'r Speaker of the Honble House of Repre-
sentatives of the province of New york Rip Van Dam, of the
Citty of New York merchant, & Cornelius Sebring Esq'r and
David Provoost Esq'r shall be and are hereby Constituted Com'rs
for Examining takeing and Stateing of the acco'ts of all mony
of the said publick Revenue of this province and all the acco'ts of
taxes Subsidies or aids granted unto the late King Charles the
Second and the late King James the Second his Ma'ty and the
late Queen Mary of happy Memory and Since to his Ma'ty from
and after the arrival of Col. Thomas Dongan late Gov'r of this
province untill the begining of this present Sessions of ye Gen-
erall Assembly. And Bee 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 warrant under
their hands and Seales to order the Collector or Receiver General
or the Com'rs for Executing the office of Collector and Receiver
General of this province for the time being ordering them to lay
before them the acco'ts of the publick Revenue and all the
acco'ts of taxes Subsidies or aids granted unto the late King
Charles the Second ye late King James the Second unto his Ma'ty
& the late Queen Mary (of happy Memory) and Since to his Ma'ty
from and after the arrival of Col Thomas Dongan late Gov'r of
this province untill the begining of this present Sessions of the
Generall Assembly togetherw'th ye acco'ts of the Issues and dis-
tribucons of the Same and every part thereof to any person or
persons whatsoever or for what use or uses Soever. And be it
further Enacted by the authority aforesaid that the Com'rs or
any three or more of them are hereby ordered to make return of
their proceedings hereon the first day of the next Sessions of
the Generall Assembly unto the House of Representatives to the
end Such further Consideracon may be had in the Assembly of
the matters aforesaid as for the peace and welfare of this province
shall be thought Convenient. And be it further Enacted by the
Authority aforesaid that All & every the Com'rs aforesaid shall
take ye Oath hereinafter menconed before the Gov'r of this pro-
432
LAWS OF THE COLONY OF NEW YORK.
vince for the time being, Vizt I, A: B: do Sweare that according
to the best of my Skill and knowledge I shall faithfully Imparti- .
ally and truely without favour or affection to any Demean my
Self in takeing Stateing and Examining all the publick acco'ts
of this province brought and to be brought before me, in Exe-
cucon of an act Entituled an act appointing Com'rs to Examin
to take and State the publick acco'ts of this Governm't according
to the tenure and purport of the said Act So help me God. And
Bee it further ENACTED by the Authority aforesaid that the
said Com'rs shall have Such Sallaryes for and Concerning their
trouble in the matter aforesaid as to the Generall Assembly of
this province att their next Sessions shall Seem meet. Provided
that this act and every Clause therein Contained Shall be of
force untill the first day of the next Sessions. of Generall
Assembly and no longer anything to the Contrary thereof in this
act Contained in any wise notwithstanding.
[CHAPTER 86.]
[Chapter 86, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 151, 172. Title
only is printed in Baskett, p. 43. Livingston & Smith and Van Schaack,
state that the act was passed August 8, 1700, but the original law appears
to have been signed by the Governor August 9, 1700. Repealed by
chapter 91.]
An Act for ye better Secureing ye five
Nations of Indians in their ffidelity to his
Mat'y.
[Passed, August 9, 1700.]
WHEREAS nothing can more Contribute to ye Safety of this
Province than ye ffidelity & ffriendship of ye five Nations of
Indians. And Whereas the said Indians have by Reiterated
instances to his Excel the Gov'r desired ye building of a ffort
amongst them w'ch being thought necessary by ye Representa-
tives in Gener'l Assembly. Bee it therefore ENACTED by his
Excel the Gov'r Council & Representatives now in Gener❜l Assem-
bly Convened and it is hereby Enacted by the Authority of the
Same That ye Sume of one thousand pounds Currant mony of
this province be raised and Levyed in Such way & manner as is
hereinafter Exprest for & towards the speedy Erecting building
& finishing a ffort amongst ye Indians in Such Convenient part
of ye County as by his Excel ye Gov'r by & w'th ye advice of the
managers hereinafter named for ye Security of the Indians shall
be thought fitt. And be it further Enacted by ye Authority
aforesaid that for ye Satisfying & paying the Sum of One thou-
sand pounds aforesaid that there shall be raised Levyed Col-
LAWS OF THE COLONY OF NEW YORK.
433
lected & paid unto his Ma'ty for and Dureing ye Space & Term
of one year from & after ye publicacon of this act & no longer
ye Severall Rates and Duties hereinafter menconed over & above
all other Dutyes Charges Impositions rates & Customes by any
former Act and Acts Set Established and Imposed (That is to
Say) the rate and Duty of Twenty five shillings Currant mony of
this province for each Pipe of Wine that from and after the pub-
licacon hereof shall dureing ye Term aforesaid be Imported into
this province or its Dependencies and so proportionable for a
greater or lesser quantity two pence half penny on each gall.
of Rum Imported as aforesaid the sum of two per Cent to be
on ye first Cost of all European goods Imported as aforesaid the
Sum of Twenty shillings on each hh'd of Molasses Imported as
aforesaid the Sum of three pence on every Empty Barrel Imported
as aforesaid the Sum of Two pence on every Empty half barrel
Imported as aforesaid the Sum of Three Shillings on each Bar-
rell of Sider Imported as aforesaid, the Sum of Twenty shillings
for every ton of Logwood Imported as aforesaid and the Sum of
Six pence on each half Barrel of fflower that shall be Exported
out of this province to be paid by the Exporter. And be it
further Enacted by the authority aforesaid that ye Severall rates
and Dutyes hereby Imposed on ye goods wares Merchandizes and
Liquors aforesaid, shall be raised Levyed Collected recovered.
and paid unto his Matys Collector & Receiver Generall or to ye
Com❜rs for Executing ye office of Collector & Receiver Generall
of this province for the time being dureing the terme before
menconed in ye Same manner and forme and by Such 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 the Eleaventh year of his ma'tys Reigne
Entituled an Act for Granting unto his Maty Severall Dutyes
for the defraying the publick Charge of the Governm't after ye
time Lymitted in an Act Confirming & Continuing unto their
Ma'tys the Revenue Establisht by an Act of Generall Assembly
for defraying the publick and necessary charge of the Governm't
is Expired in as full and ample manner as if the Same were parti-
cularly recited in this Said act anything to the Contrary hereof
in any wayes notwithstanding. And be it further Enacted by ye
Authority aforesaid Hendrick Hansen John Bleeker & Peter Van
Burgh Esq'rs bee & are hereby appointed to be managers of the
building Erecting & finishing Said ffort and providing materialls.
for ye Same in Such way & manner as by his Excel the Gov'r by
and with ye advice of said managers shall be from time to time
thought fitt. And bee it further Enacted by the Authority
aforesaid that ye Col. or Receiver Generall of this province or
55
434
LAWS OF THE COLONY OF NEW YORK.
ye Com'r of the Custome of this province for ye time being be
and are hereby required to keep a particular book of all the
Duties & Rates Accruing & paid by Virtue of this act. And that
ye Said Receiver Gener❜l or the Com'rs for Executing ye office of
Colector and Receiver Generall of this province shall every three
months Send up to ye managers aforesaid the Sum or Sumes of
mony w'ch he or they have rece'd by vertue of this Act untill
the said Sum of one thousand pounds shall be paid unto them &
if any Surplusage remaines over or above the one thousand
pounds aforesaid in his or their hands the Same is to be dis-
posed of as by ye Generall Assembly shall be thought Convenient
And bee it further Enacted that whatever Sum or Sumes of
mony shall be paid for any materialls or workmen or any other
matter relating to said ffort shall be by warrant from his Excel
the Gov'r by and w'th advice of the managers or any two of
them aforesaid
THE SEVENTH ASSEMBLY.
Third Session,
(Begun Oct. 2, 1700, 12 Wm. III, Richard, Earl of Bellamont,
Governor.)
[CHAPTER 87.]
[Chapter 87, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 157, 180. Title
only is printed in Baskett, p. 43. The original of this act is not in the
office of the Secretary of State. The copy here printed is made from the
enrollment thereof in the State Library. Livingston & Smith and Van
Schaack, state that the act was passed October 27, 1700. From the
Minutes of the Council, it appears that this act was signed by the
Governor, October 26, 1700. (See Journals of Legislative Council, p. 153.)]
An Act for punishing Officers and Soul-
diers who shall Mutiny or Desert his Maj-
esties Service and to prevent their being har-
boured and Concealed by the Inhabitants of
this province, and to Incourage the Seizing
and Securing such as shall desert his Maj-
ties Service for the future.
[Passed, October 26, 1700.]
Whereas his most sacred Majesty out of his Royall and tender
care of the preservation and Security of this province hath with
great Expence been pleased to send over and maintain a body
of Troops born on his Majesties pay with their proper officers.
And whereas it will be allways necessary that a Competent force
should be constantly kept on foot for the defence of this prov-
ince, which is a ffrontier to the rest of his Majesties Planta-
LAWS OF THE COLONY OF NEW YORK.
435
1
tions on this Continent of America, and that the forces which
now are, or hereafter shall be in his Majesties pay within this
province, should be kept in due discipline of war; And Whereas
no man may be forejudged of Life or Limb or subjected to any
kind of punishment by Martiall Law or in any other manner than
by the Judgment of his Peers, and according to the known and
Established Laws of England and this province Yet neverthe-
lesse it being Requisite for the Retaining such forces as allready
are, or hereafter shall be Established in his Majesties pay within
this province in their duty, and that an Exact Discipline be
observed, and that Souldiers who shall Mutiny or stir up Sedi-
tion, or shall Desert his Majesties Service be brought to a more
examplary and speedy punishment than the usual forms of
Law will allow Be it therefore Enacted by his Excellency the
Governor and Council and Representatives Convened in Gen-
erall Assembly, and is is hereby Enacted by the authority of
the same, That from and after the publication of this act, every
person being in his Majties Service mustered, and in his Majties
pay as an Officer or Souldier, who shall at any time hereafter
Excite cause or joyn in any Mutiny or Sedition in any Garrison
Citty Town or place within this province where they shall be
posted, or shall Desert his Majties Service in the same shall
suffer Death, or such other punishment as by a Court Marshall
shall be Inflicted And it is hereby further Enacted and Declared
by the authority aforesaid that the Governor or Comander in
chief of this province for the time being shall and may by virtue
of this Act have full power and Authority to 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 have 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 Council 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 have power and authority to
Administer an oath to any Wittnesses in order to the Examina-
tion or Tryall of the Offences aforesaid Provided allways that
nothing in this act Conteined shall Extend to be Construed to
436
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 shall Extend, or be any ways Construed
to Concern any of the Militia forces in this province or
Detachment of the same And Provided allways and be it Enacted
that in all Tryalls of Offenders by Court Martiall to be held by
virtue of Act where the offences may be punished by death
every person present at such tryall before any proceedings be
had thereupon shall take an oath upon the Evangelist in open
Court before the Governor or Comander in Chief for the time
being or whome he shall authorize and appoint to administer
the same in these words (that is to say) You shall well and truly
try and determine between our Soveraigne Lord the King and
the Prisoner to be tryed so help you God. And no Sentence of
Death shall be given against any Offender 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 tryall
or Sentence of Death shall be bad or given against any Offender
but between the hours of Eight in the morning and one in the
afternoon And be it further Enacted And it is hereby Enacted
by the authority aforesaid That the Governor or Comander in
Chief for the time being have, and are hereby authorized and
Impowered to nominate authorize and appoint a fitt person to
be Judge Advocate with all 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 hereof knowingly Receive, harbour, Enter-
tain or Conceale any of his Majesties Souldiers who shall Desert
his Majesties Service in their houses barns Stables or any other
concealed places in any part of this province or shall be in any
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, Barke, Sloop, Vessell, Boat,
Canoa, horse or any other way, shall for each such offence pay
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 whereof 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 determine 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 hath not Chattells Lands Goods or Tene-
ments for sattisffying the forfietures aforesaid shall be Severely
whiped upon his naked back according to the Discretion and
direction of that Court of Record where the prosecution shall
be made, provided they do not Exceed the Number of fforty
Lashes save one, And to the End that all such as shall Desert
his Majesties Service aforesaid may be taken up and brought
to their Respective Officers 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 all his Majties Justices of the peace, Sheriffs,
Undersheriffs, Constables, and all 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 buy or Exchange
or otherwise receive any arms Clothes or Accoutrements belong-
ing to the King from any Souldier or Deserter upon any account
or pretence whatsoever, the person so offending shall forfiet for
every such offence Tenn pounds, and being Convicted thereof at
the Quarter sessions the same 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 Offender shall Reside, And if any person
so prosecuted for harbouring Concealing or Assisting a Deserter
or for buying Exchanging or Receiveing Arms Cloaths or Accou
trements shall be found not guilty he shall Recover Treble Costs,
to be Recovered as Costs in any other Case, where by the Said
Costs are given to Defendants And be it further Enacted by the
authority aforesaid that upon the Publication of this act, an Act
of General 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 Vacated and become null and voyd and of none Effect
& the sd act & all the Articles & Clauses therein mentioned are
hereby declared to be repealed reversed vacated & become null
voyd & of none effect to all Intents Constructions and purposes
whatsoever any thing Conteined in the said Act to the contrary
438
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 hereof any
thing to the contrary hereof in this act conteined in any wise
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 have
been signed by the Governor, November 2, 1700. (See Journal of Legis-
lative Council, p. 155.)]
An Act for the Incouraging of Seamen.
[Passed, November 2, 1700.]
Bee it Enacted by the Governor and Councill and Representa-)
tives Convened in General Assembly, That whatsoever Tavern-
keeper Alehouse-keeper Victualler or Victuallers with the City
and County of New York, that shall Trust or Creditt any
Seaman belonging to any ship or Vessell that is in, or shall
hereafter come 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
Tavern keeper, Alehouse keeper or Victualler within 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 to any 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 writt 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 the
LAWS OF THE COLONY OF NEW YORK.
439
same without further appeale. And all Masters of Vessells
trading to and from the said City shall within fforty Eight
houres after his or their arrivall bring unto the Town Clark of
the said City, a list of the names of all 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 Van Schaack, where 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 have 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 Representatives 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,
Now 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 Excellency the Gov-
ernor and Councill and Representatives 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 Suc-
cessors for and towards the Support of the Government and the
Contingent charges thereof from and dureing the time and
Terme of ffive yeares Comencing from and after the first day of
January next ensuing the publication of this act (that is to say)
the sume of Nine 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 duties
440
LAWS OF THE COLONY OF NEW YORK.
aforementioned be Levyed Collected and payd in such manner
and under such regulations and Distributions and upon such
ffines and fforfietures as is declared in and by one Act of
Assembly Intituled An Act for granting unto his Majesty sev-
erall duties for the defraying the publick Charge of the Gover-
ment 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 all intents Constructions and purposes
whatsoever as if the said act and every clause therein con-
teined had been in these presents 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 Bradford, pp. 191, 184. Title
only is printed in Baskett, p. 43. Baskett states that the act was re-
pealed February 11, 1702. (See chapter 36.) 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. Livingston & Smith and Van
Schaack, state that this act was passed October 29, 1700. From the
Minutes of the Council, however, it appears to have 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 Parish from the Town of West-
chester in the County aforesaid.
[Passed, November 2, 1700.]
a
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
Parish together, for the better maintaining of a good and
sufficient Protestant Minister. And whereas since the making
of said Act, it has been found Inconvenient, 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 present at the Preaching of the
Word of God, wherefore the said Inhabitants and Freeholders
of the Town of East-chester, aforesaid, have by their hum-
ble Petition to the House of Representatives now conven❜d in
General Assembly, most humbly pray'd that it might
LAWS OF THE COLONY OF NEW YORK.
441
be declared and Enacted, and be it declared and En-
acted by his Excellency, the Governour and Council, and
Representatives now conven'd in General Assembly, and by the
Authority of the same, That the said Town of East-chester in the
County of Westchester, be from henceforth and for ever hereafter,
seperated from the Parish of Westchester, Eastchester, Lower
Yonkers and the Mannor of Pelham, to all intents constructions
and purposes whatsoever, the said Act Entituled, AN Act for
setling the Ministry and raising a Maintenance for them in the
City of New York, County of Richmond, Westchester, and Queens
County, or any other Act to the contrary hereof, in any ways not-
withstanding.
And be it further Enacted by the Authority aforesaid; That
the said Town of Eastchester in the County of Westchester, Be
and is hereby declared to be and remain forever a Distinct Parish
from the Parish of Westchester, Eastchester, Lower Yonkers
& the Mannor of Pelham, by the name and style of the Parish
of Eastchester in the County of Westchester, Provided that the
Freeholders and Inhabitants thereof do maintain a good ortho-
dox Protestant Minister in the said Town of Eastchester, any
Law, Usage or Custom to the contrary hereof in any ways
notwithstanding.
[CHAPTER 90a.]
[This act does not appear in Livingston & Smith, or Van Schaack. The
title only is printed in Brinley's Bradford, pp. 191, 184. 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
the publick Accounts of this province.
[Passed, November 2, 1700.]
WHEREAS this province in the late long warr have been at
great Expence of blood and treasure for the defence thereof, and
whereas some persons p'tend great sums of money yett to remain
unpayd, and that the funds granted in General Assembly have
been not sufficient to defray the same. Therefore for the better
knowledge Examination and stating the accounts of the Receipts
Issued and Disbursements of the publick Revenue of this province
and such taxes raised and imposed upon the people thereof by
acts of the Generall Assembly for the Defence of this province
in the late warr with the ffrench and their Indians, and other
56
442
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 have 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 Representatives now in General Assembly
Convened, and upon Consideration HAD OF the same that the
said act Expired by its own Limitation on the first day of this
present sessions of Generall Assembly BE IT ENACTED by his
Excellency the Governor and Councill and Representatives 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 hon'ble house of Representatives of this
province of New york Rip van Dam of the City of New York
Merchant, Cornelius Sebering Esqr: and David Provoost junior
Esqr: shall be and are hereby Constituted Comissioners for
Examining takeing and stating the accounts of all mony of the
said public Revenue of this province, and all the accounts of
Taxes Subsidies or aides granted unto the late King Charles the
second and the late King James the second his p'sent Majesty
and the late Queen Mary of happy memory, and since to his
Majesty from and after the arrivall of Collonel Thomas Dongan
late Governor of this province untill the first day of October of
this present yeare seaventeen hundred, and of all Embezillments
and Concealments of goods and moneys seized and forfeited to
the Kings Majestey by any penalty Law or Statute. AND BE IT
FURTHER ENACTED by the authority aforesaid that the said
Comissioners or any three or more of them are hereby Impowered
to Issue forth their warrants under their hands and seales to
order the Collector or Receiver Generall of this province, or the
Comissioners for executing 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 all the accounts of Taxes
Subsidies or aids granted unto the late King Charles the late
king James the second, unto, his Majesty and the late Queen
Mary of happy memory, and since to his Majesty from and after
the arrivall of Coll. Thomas Dongan late Governor of this province
untill the beginning of this present Sessions of the Generall
Assembly, together with the accounts of the Issues and Distribu-
tions of the same, and every part thereof to any person or per-
sons whatsoever or for what use or uses soever AND BE IT
FURTHER ENACTED by the authority aforesaid that the said
Commissioners or any three or more of them have power to give
publick notice to all persons that can give them any light in the
1
LAWS OF THE COLONY OF NEW YORK.
443
matter of the Accounts or any Relating therto to the end they may
know every man's pretension and to send for Records and papers
thereto relating, and that they the said Comissioners or any three
or more of them be hereby fully impowered and Authorized at
certain days and times to cause to come before them or any three
or more of them all such person or persons concerned in having
had any part of the publick money, and to lay before them the
accounts for which they had or P'tend the certain sumes of
money, and also all persons suspected to have been any ways
concerned in the Embezilling or Concealing any goods or
moneys 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 all or any Articles thereof, and that if they or
any of them do refuse to give such account on oaths as aforesaid
that 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 where such person or persons.
shall Reside untill he or they give such accounts and swear as
aforesaid, or pay and refund the sume of money he she or they
refuse to swear to. AND BE IT FURTHER ENACTED by the
authority aforesaid That all and Every the Comissioners afore-
said shall take the oath hereafter mentioned before the Gover-
nor of this province for the time being Vizt; I A: B: do swear
that according 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 all 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 according to the tenor and purport of the said act.
So help me God. PROVIDED that this act and every Clause therein
Contained shall be of force for one whole yeare next after the
publication hereof and from thence untill the first day of 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 FURTHER ENACTED by the 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
house of Representatives until the said act shall Expire to the
end such further Consideration may be had in the Assembly of
the matters aforesaid as for the peace and welfare of this prov-
ince shall be thought Convenient. AND BE IT FURTHER
ENACTED by the authority aforesaid, that the said Comis-
1
444
LAWS OF THE COLONY OF NEW YORK.
sioners shall be pay'd for their pains and trouble in the matter
aforesaid, as the General Assembly at the Expiration of the said
act shall think fitt.
[CHAPTER 91.]
[Chapter 91, of Livingston & Smith, and Van Schaack, where the 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 Schaack state that the act was passed November 1, 1700. From the
Minutes of the Council, however, it appears that the act was signed
by the Governor, November 2, 1700. (See Journals of Legislative Coun-
cil, p. 155. 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. The act repealed by this chapter is chapter 86.]
An Act for repealing an act of Assembly
Entituled an act for the better Securing the
ffive Nations of Indians in their ffidelity to
his Majtie and for granting unto his Majtie
the Sume of one thousand pounds for
building a ffort for the Security of the ffive
Nations of Indians.
[Passed, November 2, 1700.]
Whereas the General Assembly of this province at their last
Sessions did thinke Convenient to build a ffort for the Securing
the ffive nations of Indians at Such place as Should be thought
most Convenient for the same, and for the defraying the Charge
thereof it was Enacted by an act made in this present year of
his Majties reign, Entituled an act for the better Securing the
five nations of Indians in their ffidelity to his Majtie that the
Sume of one thousand pounds Currant money of this 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 representatives now in Genll. Assembly Con-
ven'd have Considered that the Continuacon of the said act
might prove very Inconvenient to the trade of this province and
the lessening of other his Majties revenues as also that the Sume
menconed in the said act would not be Sufficient to defray the
Charge of the building compleating and finishing of the said
ffort the building whereof being approved by his Majtie and also
Considering the Sume of ffive hundred thirty Eight 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 all and every the ffreeholders Inhabitants
and Sojourners of and in this province in such manner and pro-
portion as is herein after Expressed, to be added to the Sume of
LAWS 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
remaining thirty Eight pounds five Shillings and Six pence to
be disposed of as by the Genll: Assembly shall be though fitt;
Bee it therefore Enacted by his Excellency the Governor and
Councill and representatives in General 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 become null void and of none effect, and the said
act and all the articles and Clauses therein menconed are hereby
Declared to be repealed reversed, vacated, and become null void
and of none effect to all 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 remaining 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 upon all 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 ffidelity to his Majestie, which said Sume of one
thousand pounds shall be raised, Assessed, Collected, 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 which 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's and proportions following, 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 Kings County one hundred forty
Seaven pounds for Queens County one hundred Sixty four pounds.
ten Shillings,for the County of Suffolk one hundred Seaventy four
pounds, four Shillings, for Ulster and Dutchess County Eighty
four pounds Twelve Shillings, for the County of Orange Nine
446
LAWS OF THE COLONY OF NEW YORK.
pounds and for the City and County of Albany Sixty pounds all
of Currant money aforesaid. And for the due and better Asses-
sing levying and paying the aforesaid Sume of one thousand
pounds. Bee it further Enacted by the authority aforesaid That
the 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 within 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 agree on and there order that the Assessors and
Collectors 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 Countys aforesaid be the assessors
and Collectors for the assessing Collecting and receiving the
sume or Sumes of money herein before menconed according
to the proporcons before Expressed as to the said Mayors
Aldermen and Justices
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 Collectors whereby the 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 Collectors for the Asses-
sing of the Severall and respective Towns mannors and Juris-
diccons and for the Collecting the 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 where such towns mannors and Juris-
diccons are who are hereby Impowered and authorized to nomi-
nate and appoint Assessors and Collectors for such towns man-
nors and Jurisdiccons as shall refuse neglect delay or deny as
aforesaid which Assessors or Collectors so nominated and
appointed in manner aforesaid shall to all Intents and purposes
be Deemed and Esteemed the Assessors and Collectors of the
said Towns mannors and Jurisdictions and observe and Execute
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 have and
Shall have by virtue of this act full power and authority each of
them by himself to administer to such Assessor or Assessors
LAWS OF THE COLONY OF NEW YORK.
447
that shall be Elected or nominated and appointed in manner
aforesaid an oath that they shall well and truely Execute the
office of an Assessor and well truely Equally Impartially and
in due proportion assess and rate the Estates of the Inhabitants
residents Sojourners and ffreeholders of the respective places
for which they shall be Chose Elected nominated and appointed
assessors according 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 forthwith deliver or Cause to be Delivered
unto the respective Collectors 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 shall deny neglect
refuse or delay to Collect any Sume or Sumes of money in form
before menconed then and in Such Case it shall and may be lawfull
for any two of his Majties Justices of the peace of the City or
County where such offenders shall happen to reside and who are
hereby required and Impowered to do the same by warrant under
their hands and Seals to Comitt Such Collectors or Assessors so
denying refusing neglecting or delaying or unequally impartially
assessing or refusing to Collect as aforesaid to the Comon 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 Assembly
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 dayes next
448
LAWS OF THE COLONY OF NEW YORK.
after the said Demand it shall and may be lawful to and for
Such Collectors and they are hereby required and Impowered 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
Charged 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 things where such goods are and
Call to their Assistance the Constables and any other persons
within their respective Cityes Countyes Towns mannors or
Jurisdictions where any refusall neglect or resistance shall be
made which said Officers and persons are hereby required to be
aiding and Assisting in the premisses. And be it further
Enacted by the authority aforesaid That if any Mayor
Alderman or Justice of the peace within this province who are
hereby required Impowered or Authorized 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, neglect, refuse, or delay, to perform fullfill and Exe-
cute all and every the duties powers and authority's by this
act required and Impowered by him or them to be done per-
formed fullfilled and Executed and shall thereof be Convicted
before his Excellency the Governor and Council or by any of
his Majties Courts of Record within this province he or they
shall Suffer Such pain by ffine and Imprisonment as by the
Discretion 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 brought moved or prosecuted at any time hereafter
against any person or persons for any matter Cause or thing
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 plaintiff or
prosecutor be non Suited or forbear further prosecution or
Suffer Discontinuance or verdict to pass against him the Defend-
LAWS OF THE COLONY OF NEW YORK.
449
ant shall recover Speciall Costs for which they shall have the
like remedy as in Case where Costs by the Law are given to
Defendants. Provided alway's that no Mayor Alderman or
Justice of the peace shall be 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 herein Conteined to
the Contrary hereof in any wise Notwithstanding. And bee it
further Enacted by the authority aforesaid, that Hendrick Han-
sen John Bleeker and Peter van Brugh Esqrs: 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 Governor or Com-
ander in Cheif of this province for the time being 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 III, 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
Yoik
[Passed, October 18, 1701.]
WHEREAS 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 & Reputation 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 Supreme Court of Judicature within this Citty and
County and the Court of admiralty for this province may have
Conveniences for their Sittings in the City hall of this City,
without charge to the Crowne, May it please your Honours, That
57
450
LAWS OF THE COLONY OF NEW YORK.
it may be declared and Enacted, And it is hereby Enacted by the
Gov'r and Council, and Representatives in General Assembly
Convened, and by the authority of the Same, that the rates and
Duties hereinafter named, be raised, Imposed, Collected and paid
for and during the time, and term of three years, from and after
the last day of this present Sessions of the Generall Assembly,
to 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 accordingly, during the time and
terme aforesaid, That is to Say, the Sum of One Shilling Currant
Money 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 every Empty Cask Imported as aforesaid.
And be it further Enacted by the authority aforesaid, That the
Severall Rates and Duties herein before menconed shall be rece'd
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 Confirming unto their Ma'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 Contrary hereof in any 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 Some 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 receive any ffee or ffees from any person or per-
sons 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 all Such Rights, privileges, free Customs,
Emoluments, ffees & perquisites, as the Same at any time before
the making of this Act did enjoy, during the time that the addi-
tionall Duty granted in this present Assembly, or any other
additional Duty of Equall value shall Continue, And Be it fur-
ther Enacted by the authority aforesaid, That the Rates and
LAWS OF THE COLONY OF NEW YORK.
451
prizes Be and are hereby allowed and Establisht 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, each 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 three 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 three pence; each Empty 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 Salt two Stivers; every hogshead of
Tobacco Nine pence; and for all other things proportionably
thereunto. And if any person or persons 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 than one Imparlance shall be allowed,
which Said Court or Courts are hereby Impowered to hear, try
and determine the Same, any Law Usage or Custom to the Con-
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
County on Nassau Island, to be applyed for ye benefit of the
County where the default shall happen & Judgement be given.
[CHAPTER 93.]
[Chapter 93, of Livingston & Smith and Van Schaack, where the act is
printed in full. Printed in full in Brinley's Bradford, p 174, 207; Baskett,
p. 51. The act was confirmed by the Queen, May 20, 1708. (See Fowler's
Bradford, p. CXXXVIII.)]
A Bill for Regulating the ffences in ye
County of Ulster.
[Passed, October 18, 1701.]
WHEREAS 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-
ties of Lands are Surrounded with the said Circular ffence, and
452
LAWS OF THE COLONY OF NEW YORK.
those who are in the middle of the Said Lands have their ffeilds
Secured by the said ffence, yet have 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
and Council, and
Representatives Convened in Generall
General Assembly, and by
the Authority of the Same, That as to all Lands
within the said County of Ulster, which now are, or here-
after shall be Surrounded with a Circular ffence, the owners or
possessors thereof shall in proportion to the quantitys of Land
they have within the said ffence, pay [& Contribute to the make-
ing of the said ffence;] and if any person or persons having any
Land, as aforesaid, within the said ffence, will 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
County, residing near where such 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 have 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 wayes notwithstanding.
[CHAPTER 94.]
[Chapter 94, of Livingston & Smith and Van 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 Representatives for the Sev-
erall Cities and Counties within this province
[Passed, October 18, 1701.]
WHEREAS the Election and Return of Representatives for
the Severall Cities and Counties of this Province, to come to the
Assembly of our Lord the King, in this Province, have been
often heretofore managed with great fraud and deceit, to the
grevious damage of the Subjects; for the preventing of which for
time to come, a good and wholsomę 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 of
LAWS OF THE COLONY OF NEW YORK.
453
Representatives in General Assembly in each Respective City-
and County within this Province, yet nevertheless many and
great abuses are Still Continued 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 Repre-
sentatives now in General Assembly Convened, and it is hereby
Enacted by the Authority aforesaid, that from henceforth and for
ever hereafter, no Papist or Popish Recusant, 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 Representative or Representatives to Serve in this or
any future Generall Assembly within this Province, or for
any other Officer or Officers whatsoever. And whereas Doubts
have 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 all 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 Representatives, as aforesaid,
Provided he be further Quallified, as in the aforesaid Act, and
this present 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 from 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 all Disputes relating to the ffreeholders in Dutchess.
County about the Election of Representatives, as aforesaid, the
Said County be and is hereby declared to be annexed to the
County of Ulster for the term of Seaven years next after the
present Session, and that the ffreeholders of Dutchess County,
qualified by Law, shall and are hereby Impowered to give their
Votes for Representative in the County of Ulster, as if they
Actually Lived in Said County, anything to the Contrary hereof
in anywise notwithstanding. And whereas Disputes have arisen
between the Counties of Orange and Ulster relating to Wagache-
ކ
454
LAWS OF THE COLONY OF NEW YORK.
meck and great and little Minissinck,Be it Enacted by the author-
ity aforesaid, that Wagachemeck and great and little Minissinck
be and are hereby Immediately annexed to the County of Ulster
untill Such time that the bounds between the Counties of Orange
and Ulster shall be Settled, and that the Inhabitants of Wagache-
meck and great and little Minissinck be and are hereby Impowered
to give their Votes for Representatives in the County of Ulster,
as if they actually lived in the Said County of Ulster, any thing
to the Contrary hereof in any wise notwithstanding.
[CHAPTER 95.]
[Chapter 95, of Livingston & Smith and Van 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 the
Militia
[Passed, October 18, 1701.]
WHEREAS by an act of the General Assembly of this prov-
ince, made in the Third year of his present Majties Reign, Enti-
tuled, an act for Settling the Militia, It is Enacted, That no per-
son whatsoever from fifteen to Sixty years of age remain unlisted
by themselves or Masters, Mistresses or Imployers, under the
Captains in their respective places of abode, in ffoot or horse
the Space of One Kalender Month after their arrival, or Coming
to reside or Sojourn in any place within this province, on pen-
alty of Twenty Shillings, and so for every Moneth such person
shall remain unlisted; Which Act is by Experience found to be
very much Evaded, Especially in Such parts of this province
where there are more than one Company of Militia Souldiers,
the s'd persons pretending themselves to be listed Sometimes
in one, and Sometimes in another Company, whereby they either
wholly Evade the s'd Act, or if found out the penalty's therein
Contained are so Small and Inconsiderable That Several persons
absolutely refuse to appear in Arms, according, to the Tenor of
the s'd Act, not valuing the payment of the Penalties Imposed
therein, BE IT therefore ENACTED by the hono❜ble his
Maj'ties Lieu't Governour and Councill, and Representatives in
Generall Assembly Convened and it is hereby Enacted by the
authority aforesaid, That all and every person and persons above
the age of Fifteen, and under the age of Sixty years, (Except as
LAWS 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 ffoot 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 Troop, and
receive from the Officer with whom he or they shall list him or
themselves, as aforesaid, a Certificate of his or their being so
Listed, w’ch the s'd Officer on request, is hereby required to give
unto him or them w'th penalty upon all and every person &
persons who shall remain unlisted, or want a Certificate of his
or their being so Listed, as afores'd, 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
all other ffines, penaltys and fforfeitures in the s'd act men-
coned, shall be and are hereby Doubled and made Double the
Sums mentioned and expresed in the s'd act, and shall be
recovered and applyed as is therein set fforth and mentioned.
And whereas Severall of the Souldiers of the Militia Troops
and Companys in this province on information that the s'd
Troops or Company's, or Such as they belong to or are Listed
in, are Ordered to meet and appear in Arms on any Certain day,
have on that day purposely and with intent only not to
appear in Arms, falsely pretended business out of the City,
Town or County where they reside and Inhabit or followed such
businesse which otherwise they would have delayed ffor, Remedy
whereof. BE it further ENACTED by the authority afores'd.
That if the Cap't or any other Comission Officer of any Company
of foot or Militia horse as afores'd, Shall Suspect any person or
persons to be guilty as afores'd the said Cap't or other Officer
is hereby required and Impowered to administer the Oath fol-
lowing, to such person so Suspected as afores'd, vizt. I A. B. do
truly and sincerely Declare and swear, That I did not Depart out
of
on purpose to avoid serving in the Militia
the
day of
And if the s'd person
shall refuse to Swear, as afores'd he and they shall be subject
and lyable to Double the penaltyes in the s'd Act Contained.
Provided alwayes that no person or persons shall be detatched,
pressed or obliged to march out of his or their County who is
or shall be under the age of Sixteen years.
456
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 96.]
•
[Chapter 96, of Livingston & Smith and Van Schaack, where the act is
printed in full. Printed in full in Brinley's Bradford, pp. 163, 196;
Baskett, p. 46. The act was confirmed by the Queen, May 20, 1708.
(See Fowler's Bradford, p. CXXXVIII.) The act repealed is chapter 6.]
An Act for Repealing an Act of ye Gen-
eral Assembly of this Province Entituled,
An Act for Defraying the publick & neces-
sary Charge throu'out this Province, for
maintaining the poor, and preventing Vaga-
bonds Except so much thereof as relates to
Vagabonds, and for the Appointing more
Effectual means for defraying the publick
and necessary Charge in each City and
County, and for maintaining the poor.
[Passed October 18, 1701.]
WHEREAS there is an Act of the Generall Assembly of this
Province, made in the year of our Lord 1691. Entituled and
Act for defraying the publick and necessary Charge thro'out this
Province, and for maintaining the poor and preventing of Vaga-
bonds, which said Act hath been by Experience found to be very
Inconvenient and burthensome to the Inhabitants of this Pro-
vince, and hath occasioned many heats, animosities, Strifes and
Debates, and other differences, all which being Considered the
Representatives now in General Assembly Convened, do most
humbly pray that it may be declared and Enacted, and it is
hereby declared and Enacted by his Hon'r the Leiu't Gov'r and
Council, and Representatives in this General Assembly Convened,
and by the Authority of the Same, That the said before men-
tioned Act of Assembly and every Article and Clause therein
Contained, Except so much thereof as relates to Vagabonds, be
and is hereby repealed, reversed, made and declared null and
void to all Intents, Constructions and purposes whatsoever, as
if the said Act had never been made and Enacted, To the End
nevertheless, that the publick and necessary Charge in each City
and County may be duely defrayed, the poor maintained, and
Vagabonds and people of ill behaviour Discountenanced, Be it
declared and Enacted by his Hon'r the Leiu't Govr and Council,
and Representatives now in General Assembly Conven'd, And it
is hereby Enacted by the Authority aforesaid, That the Justices
of the peace of the respective Countyes of this Province, or any
five or more of them, Two whereof to be of the Quorum, shall
once in the year at a Court of Generall or Speciall Sessions, Sup-
LAWS OF THE COLONY OF NEW YORK.
457
ervise, Examine and allow the publick and necessary Charge of
their Respective County, and of every Town thereof, part of
which the allowance made by Law to their Representative or
Representatives, shall be deemed and accounted to be, and upon
Examina.con and allowance of the said Acco'ts, they or the
major part of them, as aforesaid, are hereby Impowered to Issue
their warrant to the Severall Towns in said County, under their
hands and Seals, or the hands and Seals of the Major part of
them, for the Chusing and Electing of two Assessors and one
Collector in each of their Towns or County, for the Assessing
and Collecting of the Sum and Sums of Money So allowed by the
Justices aforesaid; and if any Justices of the peace Shall neglect
or refuse to put this Act in Execution, he shall forfeit fifty
pounds; and if any Town or Towns Shall refuse, neglect or delay
to Choose Assessors and Collectors, as aforesaid, at Such times
as by the said Justices shall be appointed, Such Town shall for-
feit the Sum of Twenty pounds to his Maty, all such Sums to be
recovered in the Supream Court of Judicature in this Province,
where no Essoin, protection, Wager of Law, or any more than
one Imparlance shall be allowed; and if the said Assessors shall
refuse and neglect to 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 refusal 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 fully Impowered at Such time as they shall
think fitt, to appoint others in the rooms of Such Assessors or
Collectors, as aforesaid.
AND BE IT FURTHER ENACTED BY 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, which 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 FURTHER ENACTED BY
THE AUTHORITY AFORESAID, That it shall and may be
Lawful 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 all or any persons refusing
58
458
LAWS OF THE COLONY OF NEW YORK.
or neglecting to pay the Sum or Sums of Money So assessed on
them, returning the overplus to the owner, the Charges of Dis-
tress and Sale first 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, shall keep a Distinct book of Acco'ts, Containing a par-
ticular Acco't of all the Money, Rates and Assessments afore-
said, and also of all Disbursements and payments by Warrant
aforesaid, and once every year he shall bring in his Acco'ts to
the Court of Sessions aforesaid, to have 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 all 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 time to come the Justices
aforesaid at their respective General Sessions do once in the
year make provision for the maintenance and Support of their
poor Respectively
day of
And Whereas Severall of the Cittyes and Countyes of this
Province have not taken care for the paym't of the Representa-
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
next,
According to the directions of this Act cause due payment to be
made to the said Representatives, 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, any thing to the Contrary hereof in any ways notwith-
standing, Provided that no money be Demanded for Service in
General Assembly by any person before the year of our Lord
One thousand Six hundred Ninety Eight. And whereas the
City of New York and Albany, by their Several Charters
differ in the wayes 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 the
LAWS OF THE COLONY OF NEW YORK.
459
Comon Councils of the said Cityes respectively, are hereby
Authorized 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 & Sums of money as
Shall unto them appear Sufficient to pay their respective Rep-
resentatives, Bellmen or Watchmen, or Such other necessary and
publick Charge as shall be yearly and every year requisite, and
necessary, anything in these presents Contained to the Contrary
thereof in any wayes notwithstanding.
PROVIDED, That no City 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 also 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 Interfere, and were likely to occa-
sion endless differences 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-
ment 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 presents, That before us the under-
written are Agreed, Viz't Thomas Swartwout and Company, who
have obtained a grant from his Excel and Council, to buy Wag-
gacheineck of the Indians, and Gerret Aertsen, Jacob Aertsen
and Conrad Elmedoys for them and Company, who have obtained
a grant to buy great and little Minissing of the Indians, from
his Excel, &c. That they both mix their grants together, and
460
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 all what has already been paid to the Indians
by any of the said parties, on Acco't of Said Land, when the
Indians owned the Same, it must be allowed and paid for in
Twenty Seaven shares; As also, That Thomas Swartwout and
Company shall have and enjoy, as a prerogative, without giving
any particular Satisfaction for the Same, Seaventy Seaven mor-
gand of Land out of the Land of Hanjoar the Indian, but that
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 hundred ninety Six Henry Beekman, Dirck
Schepmoes, Johannis Wyncoop and William De Myer. In pur-
suance of which Agreement, the said Severall Companys pur-
chased of the Indians, and have been in possession according
thereunto, which notwithstanding the said Thomas Swartwoat
and Company, haveing obtained a Surreptitious Patent of the
said Governour, Contrary to their said Agreement, seek to dis-
turb the said Gerret Aertsen & Company, in the possession of
their share of and in ye premises. Be it therefore Enacted by
his Honour the Lieu't Governour & Council, and Representatives
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 Companys afore-
said, the said Pattent 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
of the said Agreement, the said Thomas Swartwout and Com-
pany, their heires and assignes, shall Stand & be & are hereby
declared, to Stand and be intrusted for the said Gerret Aertsen
& Company, their heires and assignes, Saving to all and all
manner of persons (Excepting the parties to the said agreement
& their heirs and assigns all the right, Title, Interest, Claime
& Demand w'ch they have or may have 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 debar
!
LAWS OF THE COLONY OF NEW YORK.
461-
William Titsoort or his heirs of any part of the Land within
the Said patent or agreement, which the Native Indians have
given and Conveyed to him
[CHAPTER 98.]
[Chapter 98, of Livingston & Smith and Van 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."]
66
An Act to Oblige Robert Livingston Esq'r
to acco't according to the purport of an act
Entituled 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 this Province, it was among
other things Enacted, that Leonard Lewis Esqr Abraham Gou-
verneur, Esqr. Rip Van Dam, merchant, Cornelius Sebering, Esqr.
and David Provoost Esqrs., shall be and are thereby Constituted
Commissioners for examining- taking and stating the Accots
of this Province, and all the accots of Taxes, Subsidies or Aids
granted unto the late King James the Second, his present Maty,
and the late Queen Mary of happy memory, and Since to his
Maty, from and after the Arrival 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 all Imbezelments and Concealements of goods and monys
Seized and forfeited to ye Kings maty by any penal Law or
Statute And further, the said Commissioners, or any three or
more of them, are thereby Impowered and Authorized at cer-
taine dayes and times to cause to come before them, or any
three or more of them, all 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 pretend the certain
Sums of money, and also all persons Suspected to have been
any wayes Concerned in the Imbezeling or Concealing any 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 all or any Articles thereof, and that
if they or any of them do refuse to give Such Accot on oath as
aforesaid, that the said Com'rs or any 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 Comit Such person or persons to Goal without baile or
Mainprize, in the City or County where Such person or persons
shall reside, untill he or they give such acco'ts, and Swear, as
aforesaid, or pay or refund the Sum of Money he, she or they
refuse to swear to. And whereas Robert Livingston Esqr; being
known to have rece'd great Sums 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 some time absolutely refused in Contempt
of the said authority upon which Contempt the said Comrs
according to the tenor 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 present Assembly, it was upon
the twenty Seaventh day of Augt in this present year one.
thousand Seaven hundred and one, Ordered, That the said Mr
Robert Levingston do accot with the Comrs, as the Law directs,
before Wednesday then next following, w'ch if he should not
perform, it was 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 have Immediate 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
present 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 again given to him
of their Intencon to proceed with Such Bill, notwithstanding
which, he has forborn attending the said Comrs tho'
duely 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 fraudulent pretences of his Disbursments for the
publick, the Sum of Seaventeen thousand Sixty 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 Albany from the year one thousand
LAWS OF THE COLONY OF NEW YORK.
463
Six hundred Eighty three, till the first of October, Seaventeen
hundred, as appears by accots under his own hand, and he 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 Sume 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 day together with other vast Sums
of Money, for which no particular accot appears, That is to Say,
all and every the Sum and Sums of money reced of Coll Dongan,
late Gov'n of this Province; for the Expedition at Albany in ye
Said Gov's time, and all and every the Sum & Sums of money
he the Said Levingston, or his Assignes hath or have reced by
vertue or Colour of any Order or Orders, warrant or warrants
by his Maj'ty, or by any Gov'r of this province and all and every
the Sum and Sums of money he the s'd Robert Livingston hath
Reced by virtue or colour of his being Secretary 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 matys
•
464
LAWS OF THE COLONY OF NEW YORK.
as
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,
Some have 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 prices 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 Discovered 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
said Robert Levingston may be
Effectually Obliged to accot and answer upon
upon Oath, as
aforesaid, or otherwise that his Estate may answer
a just forfeiture for his Contempt, Be it Enacted by the Leiut
Govr. & Council, and Assembly, and it is hereby Enacted by
the authority of the Same, That all 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 all and every the Sum
and Sums of money received of Coll Dongan, late Govr, of this
Province for the Expedition at Albany in ye said Govrs time,
and all and every the Sum and Sums of mony he the said
Levingston or his assigns, hath or have reced by virtue or
colour of any order or orders, warrant or warrants by his Majty,
or by any Governor of this province, and all 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 King, his Heires and Successors,
and that the Same shall be levyed of all and singular the Lands,
Tenements and hereditaments, Goods and Chattle's whatsoever
of him the said Robert Levingston, either in his own name, or
to his use, or any wayes in trust for him, 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 thousand
LAWS OF THE COLONY OF NEW YORK.
465
Sixty nine pounds, nineteen shillings and two pence farthing,
and all and every the Sum and Sums of mony received of Coll
Dongan late Govr of this Province, for the Expedition at Albany
in the Said Govrs. time, and all and every the Sum and Sums
of mony he the said Levingston or his assigns have 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 all 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 mony 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
Nevertheless. 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 all 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 all and every
person and persons who can give any Evidence Concerning 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 Seventeen thousand Sixty nine pounds,
nineteen shillings and two pence farthing, and of all and every
the Sum and Sums of mony received of Col Dongan late Govr
of this Province for the Expedition at Albany in ye said Govrs
time, and all and every the sum and Sums of mony he the
said Levingston, or his assignes, have 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 all 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
>
59
466
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
have discharged by 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 Van 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 Representatives,
[Passed, October 18, 1701.]
WHEREAS the Severall Representatives of the people of this
province cannot officiate 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
Representatives Convened in Generall Assembly, and it is hereby
Enacted by the Authority aforesaid, That the Wages or Allow-
ance to each Representative 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 Return 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 Representatives, which Charge or Allowance, as
aforesaid, shall be paid to the Respective Representatives 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 Representatives from the Assembly, within
tenn days after ye Collecting of the publick and necessary
Charge of each respective City and County, as is Directed in
LAWS OF THE COLONY OF NEW YORK.
467
an act passed this present 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 Effectual means 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 Ninety one Entituled An Act for Allowance to the Repre-
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 all and every person and persons
that have any Money due from any City or County in this Pro-
vince for Service as a Representative, 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 all other
publick Charges of the respective Cities and Counties are
defrayed, by Such Lawes as now are or hereafter shall be
Established within this Province, any thing to the Contrary
hereof in these Presents 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 Contrary hereof in
any wise 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 expired October 18, 1703.
Baskett states that the act was repealed.]
An Act for granting an Additional
Duty to his Maty.
[Passed, October 18, 1701.]
The Representatives of this Province now in General Assem-
bly Convened, taking into their Serious Consideration how
much the Treasury of this Province is Exhausted, and being
willing that the Credit thereof should not Sink, but be Sup-
ported, and Considering the many 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. Now that
his Ma'tys Fatherly care over this Province might meet with a
468
LAWS OF THE COLONY OF NEW YORK.
gratefull Return of his Subjects here, the Representatives 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 Council, and
Representatives now in General Assembly Conven'd, and by the
authority of the same, That there shall be raised, Collected and
paid unto his ma'ty for and During the Space and Term of two
years, from and after the Publication of this Act, and no longer,
the Several Rates and Duties hereinafter mentioned, over and
above all 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 all 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
Money 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 Several 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 Collector and Receiver General for the time
being, during the time before mentioned, in the same manner
and form, and by such Rules, allowances wayes, 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 year of his Ma'tys Reign,
Entituled; an Act for Granting unto his Maty Several Duties for
LAWS OF THE COLONY OF NEW YORK.
469
the defraying the publick Charge of the Goverment after the
time Limitted in an Act Confirming 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 Representatives 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 Repre-
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 Currant 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, to be paid unto him Yearly and every Year in four
equali Quarterly payments, out of the Rates and Duties afore-
menconed. Provided alwayes, and be it further Enacted, That
this shall not be taken into Consequence 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 the Hon'r of Almighty God, as well as the Good
& Wellfare of this Province, that the five Nations of Indians
at Albany, should be Instructed in the holy Protestant Religion.
And whereas Bernardus Freeman, Minister of the Gospel at
Schenectady in the County of Albany hath for some time Since
and does still make it his great Study to Instruct them therein,
the Representatives 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 ffifteen pounds P
annum for his Charge and Expence therein, to be paid in four
470
LAWS OF THE COLONY OF NEW YORK.
equall quarterly payments, to be accounted from the Twenty
fifth 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 Interpreter should be Encouraged to Continue his Ser-
vices to this Goverm't, The Representatives 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
anı um 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 Consideration whereof, he is to Interpret all Con-
ferences held at Albany, and Assist Bernardus Freeman afore-
said in his Instructing the Indians; and if the said Lawrence
be sent on other Expedition, as Interpreter, he is to be allowed
for the same in Such way and manner as to the Govern'r and
Council shall Seem meet, any thing to the Contrary hereof in
any ways notwithstanding. And whereas by an Act of the
General Assembly 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 time Limitted in an Act Confirming 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 all 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 Suffering 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, Suffer 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 lyable to the for
feitures menconed in the said Act, any thing to the Contrary
hereof in any wayes 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 act was confirmed by the Queen, May 20, 1708. (See,
also, chapter 753.)]
'An Act for the Setling & 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
Representatives 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 County
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 each Town respectively,
as they shall think fitt to Survey the highwayes and Roads in
the said County, each Surveyor or Surveyors respectively to be
for the Town for which he or they shall be appointed Surveyor
or Survey'rs, and where they find the said highways and roads
or any of them Deficient, or that a new one or new ones ought
to be made, to report the Same to the Justices aforesaid, who
are hereby Directed with all Convenient Speed to Cause the
said highwayes and Roads to be amended or Altered, Accord-
ingly. And if it should happen that any 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 come before them
the said Justices or any three or more of them, Twelve good
and Lawful men of his Bailywick, who are to Consider 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 him
:
472
LAWS OF THE COLONY OF NEW YORK.
her or them by Assessment to be raised, Levyed, Collected and
paid by Such Town, Vicinage or person or persons whatsoever,
in equall proportions to the benefit he she or they shall Receive
by the said highwayes or Roads, the Same 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 whose Lands the said highwayes and Roads shall hap-
pen to come, in due proportion according to the Quantity of
the Land he or they loose thereby, to be 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 fully 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 alwayes, 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.
[CHAPTER 102.]
[Chapter 102, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full 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-
resentatives 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 have lately increased very much, to the
great Discouragement of Pastorage, & of the Increase of Sheep
LAWS OF THE COLONY OF NEW YORK.
473
and Cattle; that whatsoever Christian shall kill a grown Wolf
in the County of Ulster, he shall have for each Wolf that shall
be Killed by him Nine Shillings Currant money of this Province,
& for a Wolfs Whelp there shall be paid ffive shillings like
Mony; and whatsoever Christian shall kill a grown Wolf in the
County of West Chester, he shall have for each Wolf that shall
be killed by him fifteen shillings Currant money, as aforesaid,
and for a Wolfes whelp there 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 they 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.
[CHAPTER 103.]
[Chapter 103, of Livingston & Smith and Van 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 pay the proportion of their
Quit-Rents and Taxes raised for the Support
of the Goverment, and other County
Charges.
[Passed, October 18, 1701.]
WHEREAS Severall persons within the Countys of Albany,
Westchester, & Richmond have great quantitys of Vacant and
unimproved Lands, for which they have 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 Income from them. And
whereas many of the Owners of the Said Lands do not Inhabit
within the said Countyes, and have not goods and Chattles within
the Same to levy and distrain upon their proportion of the said
60
474
LAWS OF THE COLONY OF NEW YORK.
Quit-Rents, Taxes raised for the Support of ye Goverm't and
other Rates and Charges, Be it. Enacted by his Hon'r the Leiu't
Gov'r and Council, and Representatives now in General Assem-
bly Convened, and It is hereby Enacted by the Authority of the
Same, That all and every person owning Such Vacant and
unimproved Lands within the Countys aforesaid who do not
take care to pay 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 therefore 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 Contrary hereof in
any wayes not withstanding. Provided also, That if any person
or persons having Lands as aforesaid in the County of Orange
shall refuse to pay 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 shall be Imployed by them is and are
hereby Impowered to Sue the person or persons so refusing and
neglecting, in the Countys where they do live, as in an Action
of Debt, and the Several Judges, Justices & Courts are hereby
Authorized and Comanded to hear and determine Such Suite,
any Law, Usage or Custom to the Contrary notwithstanding.
[CHAPTER 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 same
LAWS OF THE COLONY OF NEW YORK.
475
use, before ye first menconed 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 Immediate
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 oppertunity
Be it therefore Enacted by his Hon'r ye Leiu't Gov'r and Council,
and Representatives in General Assembly Convened, and it is
hereby Enacted by the Authority 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 Immediate Repairing the
ffort of Albany, and the sum of ffifty pounds shall be, and is
hereby Declared to be for and towards the Immediate repairing
the ffort of Schenectady. And be it further Enacted by the
Authority aforesaid that John Bleeker, Sen'r Hendrick Hansen
and Peter Van 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 Leiu't 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 Granted
476
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 Schaack, where the
title only is printed. This act is not printed in any edition 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 their 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 returned, as the
originals are now there. 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
Journals of Legislative Council, p. 173.)]
An Act for Outlawing Phillip French
and Thomas Wenham Merchants and enforce
ing Process of Outlawry.
[Passed, April 30, 1702.]
WHEREAS Phillip French and Thomas Wenham of New
york 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 offence against his
Ma'ty, and the Administracon of the Goverment here, and
being Conscious of their Crimes and hopeing to avoid all punish-
ment for the Same, before Such s'd Indictments were found
withdrew, & have 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 representatives in Generall
Assembly Conven'd and by the authority of the Same that the
said Phillip French and Thomas Wenham be and are hereby
declared & adjudged to be outlawed to all 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 Surrender
LAWS OF THE COLONY OF NEW YORK.
477
him or themselves before the Cheif Justice of this Province on
or before the tenth day of May in the pr'sent year one thous-
and seaven hundred and two and 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 So
surrendering him or themselves and entering into Recognizance
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 Residence wilfully Depart 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 reside in the presence of three or more
of the Same Town or Parish and within twenty 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 all Intents
and purposes according to the Effect of Outlawries within the
Kingdome of England any Law Statute or usage to the Con-
trary thereof in any wise notwithstanding. And whereas divers
persons against whom Just Cause of Suit hath arisen or may
arise within this Province have Estates here but usually reside
in Some neighbouring Province or other place in America as to
all and every Such person & persons notice left with ye Tenn't
or Tenn'ts of such Estate or at his or her place of resi-
dence shall have ye Same Effect as if left w'th the
party against whom any Suits shall be
at the place of his or her residence, 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
the party against whom Such Suits shal be Comenced (of which
such notice he or she shall pay the reasonable Charge) he or
Comenced or
478
LAWS OF THE COLONY OF NEW YORK.
she shall recover his or her damage occasioned by want of due
notice against the party who neglected to give the Same and in
Case the person Concerned shall refuse or neglect to pay the
Charge of Such notice it shal be Lawful for the next Justice
of the Peace and he is hereby required forthwith upon applyca-
con to grant one or more Warrant or Warr'ts for raising the
reasonable Charge of Such notice by distresse and Sale of Stock
& goods upon the premisses & returning the overplus to the
party I'rovided 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 Bayl 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 all and every outlawry and out-
lawries So as above said Incurred shall and may be reversed
and Annulled 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 Van Schaack, where the title
only is printed. This act is not printed in any edition 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
Representatives of this Province to Serve
in the Generall Assembly.
[Passed, May 1, 1702.]
Bee
The House of Representatives now in Generall Assembly Con-
ven'd takeing into their Serious Consideracons the great advan-
tages that Accrue to this Province by the frequent meeting of
the General Assembly thereof. Now to the end that the Sev-
eral Cityes and Countyes of this Province may in a better pro-
porcon Send Representatives to the Generall Assembly.
it Enacted by the Leiu't Gov'r and Council and Representatives
now in General Assembly Conven'd and it is hereby Enacted
by the Authority aforesaid that the proporcon of Members to
core 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 york Six for the City and County of Albany five, that is
to say for the Town of Schenectady, Nistigionne & half moon
in the Said County one, for the Town of Kinderhook & all that
part of the County that lyes to the Southward of Renslaerwick
in the Said County, one; for the Mannor of Renslaerwick in
LAWS OF THE COLONY OF NEW YORK.
479
the said County one, and two for the City of Albany aforesaid
for the County of Soffolk two, for Queens County two, for Kings
County two, for the County of West Chester two, for the County
of Ulster two, for the County of Richmond, two & for the County
of Grange two any Law, usage, or Custom to the Contrary
hereof in any wayes notwithstanding. Provided alwaies and
Be it further Enacted that this Act nor any Article or Clause
therein Conteined shal be Construed to be of any force before
the Dissolucon of this present 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 all that part
of the Colony of Renslaerwyck shall and may Elect any Suf-
ficient ffreeholder 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 Van Schaack, where the title
only is printed. This act is not printed in any edition 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 paying the Debts of this Gover-
ment made in the time of the late happy
Revolucon
[Passed, May 1, 1702.]
WHEREAS Jacob Leisler Esq'r Deceased late Comander in
Cheif of this Province together with 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 lay out and pay divers great and Considerable
Sums of mony for the defence of this Province in the last Warr
and other good Subjects haveing Exposed their persons as officers
and Souldiers on ye frontieers of this Goverment for which
they nor either of them have 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 discredit of this Province and the discouragemt of
others to advance their Estates for the Defence of this Gover-
ment and whereas the last House of Representatives 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 their
480
LAWS OF THE COLONY OF NEW YORK.
humble request for the paym't of Twenty Seaven hundred pounds
to the Heir of the said Jacob Leisler and that care ought to be
taken for the payment of all other the debts due in the time
aforesaid. And whereas his Most Sacred Ma'ty has been
graciously pleased upon the Peticon of Jacob Leisler Son and
heir of the said Jacob Leisler Esq'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. My 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 same be trans-
mitted to yo'r Lordship and that you recomend his Case to the
Generall Assembly of New York being the only place where 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 Representatives
now in General 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 & Representatives in General 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 all 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
present 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 County 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 tenn 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
all of the Currant mony aforesaid and for the due and better
LAWS 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 May'r or Recorder & Aldermen
of the Cities of New york & Albany or the maj'r part of them
the Justices of the Peace for the time being or the major part
of them for the Severall respective Counties aforesaid for which
they shall be Justices of the Peace, 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 agree upon among
themselves and shall there order that the Assessors and Col-
lectors for the Cities of New york & Albany and the Severall and
respective Townes Man'rs or Liberties within their Severall
Jurisdiccons 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 &
Collect'r for ye Assessing Collecting & Receiving ye Sum or
Sums of mony hereinbefore menconed according to 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 & Jurisdiccons w'thin ye
respective Counties aforesaid who refuse or do not Elect
Annually or once every year Assessors or Collect'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 & Jurisdiccons within ye Severall Counties
aforesaid shall refuse neglect Delay or deny to Choose or Elect
Assessors & Collect'rs for the Assessing of their Severall &
respective Towns Mann'rs & Jurisdiccons & for ye Collecting of
ye Same According to the true Intent & Meaning & Directions
of this Act then and in Such Case it shall & may be Lawfull for
the Justices of ye Peace or any two of them in the Counties
where such Towns Mann'rs & Jurisdiccons are & they are hereby
Impowered & authorized to nominate & appoint assessors &
Collect'rs for Such Towns Mann'rs and Jurisdiccons as shall
refuse neglect Delay or deny as aforesaid which Assessors &
Colect'rs so nominated and appointed in manner aforesaid shall
to all Intents & purposes be deemed & Esteemed ye Assess'rs
& Colectt'rs of ye said Man'rs Towns & Jurisdiccons and observe
& Execute 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 Peace for the respective
Cities and Counties as aforesaid have and shall have by Virtue
of this Act full power and Authority each of them by himself
to administer to Such Assessor or Assessors that shalbe Elected
61
482
LAWS OF THE COLONY OF NEW YORK.
and appointed in manner aforesaid an Oath that they shall well
and truly equally Impartially and in due proporcon Assesse &
rate the Estates reall and personall of the Inhabitants, Residents
Sojourners and ffreeholders of the respective places for which
they shalbe Chosen Elected nominated & appointed Assessors
according to the best of their Skill and knowledge and that
therein they will 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 Coppy of their Assessment
fairely written & 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 & the said Justices for each
respective County or any two or more of them are hereby ordered
and required to Cause the said Severall & respective Assess-
ments to them Delivered to be fairely written and to Sign and
Seal Severall Duplicates or Copies of the said Assessment, &
one of them So Signed & Sealed forthwith Deliver or Cause to
be Delivered unto the respective Collectors within the Severall
& respective Cities and Counties aforesaid and shall likewise
deliver or Cause to be delivered another faire 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 remaine
upon Record and the Clerk of the Peace of each County is hereby
required to transmit the Sum of the Assessment of each Town
unto the Receiver Generall at New york for the time being
within ten dayes next and after his receipt thereof under the pen-
alty of ffive pounds for Such his Default. AND Be it further
Enacted by the authority aforesaid That if any person or persons
who shall be Chosen Elected nominated and appointed in man-
ner aforesaid assessors or Colect'rs shall deny 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 that then
in such Case it shall and may be Lawful for any
two Justices of ye Peace of the Cities and Counties
where Such offendors shall happen to dwell or reside
who by virtue of this Act are required & Impowered to do the
Same by Warrant under their hands and Seales to Comitt Such
Assessors or Collect'rs so denying refuseing neglecting or Delay-
ing to Collect as aforesaid to the Comon Goale, there to remaine
without Bail or mainprize till he or they shall make fine and
Ransome to his Ma'ty for Such his Contempt as aforesaid and
upon such his Comitment ye Justices or the Maj'r part of them
are required Speedily to nominate and appoint other Collectors
and Assessors in their Stead and room. And if any person or
LAWS OF THE COLONY OF NEW YORK.
483.
persons Shall Shut their Doors or refuse to pay the Rates
Assesed by Virtue of this Act 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 shall neglect
or refuse to pay the Severall Rates and Assessments wherewith
they are Charged by this Act of General Assembly for or in
respect of his & their goods & Chattles Lands and Tenem'ts upon
Demand of the Collect'rs that shalbe Chosen and appointed to
receive the same or within tenn days next after the said
Demand it shall and may be Lawful to and for such Collectors
& they are hereby required for nonpayment thereof by Warrant
under the hand of two Justices of the Peace 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 Chattles then
and there found, and the Distress so taken to carry away, & the
Same to Expose to Sale in the Town or County where Such
Distress is made and for want of Buyers to carry the said Dis-
tresse to any other place in the Province for the Sale of
the said Distress accordingly for the payment of the said Rate
or assessment and the overplus coming by the Said
Sale, if any be over & above the Charges of takeing
& carrying 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 shall and may be
Lawful 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 things where Such
goods are, and call to their Assistance the Constables or any
other persons within the respective Cities Counties, Towns,
Mannr's & Jurisdiccons where any refusall neglect or resistance
shalbe made, which officers and persons are hereby required to
be aiding and assisting in ye premisses. 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 Effectual
Care, that this Act and every Article & Clause therein be duely
Executed according to the true Intent & meaning thereof, shall
neglect refuse or Delay to performe fulfill and Execute all &
every the Duties powers and Authorities by this Act required
and Impowered by him or them to be done performed fulfilled and
Executed & shall thereof be Convicted before the Gov'r & Council
or before any of his Ma'tys Courts of Record within this Province,
he or they shall Suffer Such pain by ffine & Imprisonment, as by
the Discretion of the Gov'r & Council or the Justices of the said
484
LAWS OF THE COLONY OF NEW YORK.
Courts shalbe adjudged. AND Bee it further Enacted by the
Authority aforesaid That if any Accon Bill Plaint or Infor-
macon shalbe brought moved or prosecuted at any time here-
after against any person or persons for any matter Clause or
thing done or Acted in pursuance or Execucon of this Act Such
person or persons So Sued or prosecuted in any Court w'tso-
ever shall and may plead the generall Issue not guilty & give
this Act & the Speciall matter in Evidence. And if the Plaintiff
or prosecutor shalbe nonsuited or forbear further prosecucon or
Suffer Discontinuance or Verdict to pass against him the
Defend't or Defend'ts shall recover treble Costs, for which they
shall have the like remedy, as in Case where Costs by the Law
are given to Defendants. Provided alwayes that no May'r
Recorder Aldermen Justice of the Peace shalbe 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 & not at any time thereafter any thing therein
Contained to the Contrary hereof in any wise notwithstanding.
t
And Bee it further Enacted by the Authority aforesaid that
the Collector of this Province shall within tenn days next & after
the Receipt of the mony aforesaid pay the Same unto the Said
Jacob Leisler or his order he or they giveing a Receipt for the
Same. And Be it further Enacted That for the paym❜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 payment of all other the Debts aforesaid. Be it Enacted by
the Authority aforesaid, that there shalbe raised Levyed, Collected
paid and Sattisfied to his Ma'ty for the use aforesaid from and
after the publicacon hereof untill the Eighteenth 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)
Upon every Negro or Indian Slave Imported in this
Province from their own Countries ffifteen shillings upon
every Negro or Indian Slave not directly 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 Salt Imported as aforesaid, one penny
half penny upon every half 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 four
LAWS OF THE COLONY OF NEW YORK.
485
shillings. upon every hundred weight of Rice Imported as afore-
said one shilling, upon every Barrell of Pitch Imported as afore-
said two shillings, upon every Barrell of Tarr Imported as afore-
said one shilling. upon every firkin of Black Soape Imported as
aforesaid Six pence, Upon every Gallon of Liquors Distilled in
the neighbouring Colonys (Except Rum) from the West Indies
Imported as aforesaid four pence half penny over and above
all other Dutys already Imposed. AND Be it further Enacted
by the Authority aforesaid That the Severall, Rates and Duties
hereby Imposed on the goods Wares Merchandizes & Liquors
shalbe raised Levyed Collected received and paid unto his Ma'tys
Collector & Receiver Generall for the time being dureing the
terme before menconed in the Same manner & forme and by
Such rules allowances wayes and meanes & under Such penalties
flnes & forfeitures as are menconed Expressed and Directed in
and by an Act of General Assembly made in the Eleaventh
year of his Ma'tys 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
Assembly for defraying ye publick & necessary Charge of the
Goverment is Expired in as full & ample manner as if the
Same were particularly recited in this 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 this Goverm't made in the time aforesaid Be it Enacted
by the Authority aforesaid that there be in each County
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 Oath to the truth
thereof & that they have not been in any wayes Sattisfied for the
Same which, Com'rs are & are hereby appointed & Impowered
to bee Hendrick Hansen, Johannes Bleeker, Thomas Williams,
& Ryer Schermerhorn for the City and County of Albany,
Maj'r Jacob Artsen, Boudewyn De Witt & Ruth Bleecker
for the County of Ulster, Col. Gerrardus Beekman Maj'r Cor-
nelius Van Brunt & Hendrick Veighte for Kings County, John
Morgan Jaques Pouillon and Jacob Corsen for the County of
Richmond, Cornelius Hearing and John Cuyper for the County
of Orange, John Coe, John Lawrence and John Berian, for
Queens County, Captain Evert Byrank, James Mott, & Thomas
Baxter for the County of West Chester, Samuel Mulford John
Weekes & Theophilus Howell for the County of Suffolk which
accot's the said Com'rs are to Send to New york on or before
the first day of November next unto the Com'rs appointed to
486
LAWS OF THE COLONY OF NEW YORK.
•
take State and Examine the publick Acco'ts of this Goverm't who
are hereby nominated "Com'rs for the City & County of New
York" and also Com'rs appointed to Settle the Generall
Acco'ts thereof on or before the first day of Decem-
ber then next ensueing which 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 them shal be a Suf-
ficient 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 Such person or
persons So neglecting or Refuseing to have his or their Acco't
and Acco'ts Stated & Examined Shalbe & is hereby for ever
debarred to recover his or their pretensions and to the 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'tys 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 shall have allowed the
Acco'ts of the Debts aforesaid at which time ye money So rece'd
is to be paid in due & equall proporcons to the 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 payment
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 Virtue of this Act in the Six months afore-
said in due and equall proporcons Accordingly proportionable
to his or their Debt, & so to Continue from Six months to Six
months untill they be all paid or this Act Expired upon order
Signed as aforesaid any thing 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 Staates Robert Walters &
William Atwood Esq'rs or any two of them any Law usage or
Custome to the Contrary hereof in any wise notwithstanding.
And Be it further Enacted that upon the Death or Absence of
any of the Said persons out of this Province it shall & may be
Lawful for Such as Survive or remaine in the Province to Join
LAWS 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 which persons So Chosen by them shall
to all Intents & purposes be Invested w'th ye powers in this Act
Given to the said persons now Nominated.
[CHAPTER 108.]
[Chapter 108, of Livingston & Smith and Van Schaack, where the title
only is printed. This act is not printed in any edition 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 Representatives now in General Assembly Convene'd Con-
sidering the many & great favours this Province does dayly
receive from his most Sacred Ma'ty which ought to meet with 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 Representatives now in
Generall Assembly Convened, and by the Authority of the Same
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 time Limitted in an Act Entituled an Act
Confirming & Continuing unto their Ma'tys the Revenue Estab-
lisht by an Act of General Assembly for defraying the publick
& necessary Charge of the Goverment is Expired is and is hereby
Continued for two yeares Longer than 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 Contrary hereof in any wise notwithstanding And the Repre-
sentatives now in General 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 before 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 this Province as
a Testimony of the benfits We have received under his Goverm't
and that the Sallary of Seaventy pounds 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 General Assembly made the
488
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 it Enacted by the authority
aforesaid that the Same shall be paid and payable for the said
two yeares out of the Revenue already before this Act Estab-
lisht. And be it further Enacted by the authority aforesaid,
That if the said William Atwood should before that time be
removed that then & in Such Case the Sum of One hundred and
forty pounds be paid unto him his heirs or assigns within forty
dayes after Such removall out of the Treasury of this 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
Interpreter be also Confirmed for two yeares Longer than in
said Act is Expressed and the House of Repr'sentatives Con-
sidering the great Service of John Champanty Esq'r the present
Agent of this Province humbly pray that it may be Enacted and
be it enacted by the Authority aforesaid that the Sum of ffifty
pounds p ann be and is hereby added to his Sallary for two
yeares next ensueing and he the said John Champanty is hereby
declared and appointed Agent for this Province for two yeares
longer Commencing from the tenth day of this Instant month of
May in the present year One thousand Seaven hundred and two
any Law usage or Custom to the Contrary hereof in any wayes
notwithstanding.
[CHAPTER 109.]
[Chapter 109, of Livingston & Smith and Van Schaack, where the title
only is printed. This act is not printed in any edition 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 the better Regulateing the
Elections of Trustees & Magistrats for ye
Town of Kings Town in the County of Ulster.
[Fassed, May 1, 1702.]
WHEREAS by a Certain Pattent under the great Seal of this.
Province dated the Nineteenth day of May in the year of our
Lord One thousand Six hundred Eighty Eight it is amongst other
things ordained that there be yearly and every year on the first
Tuesday of the month of March Elected and Chosen twelve Trus-
tees for the said Town by the Maj'r. Vote of the Inhabitants and
ffreemen of the Said Town and that the Trustees So Elected as
aforesaid shall out of their Number Chose & Elect five to be
Magistrats of the said Town for the hearing and determining of
all Civil Causes to the Value or Damage of ffive pounds. And
LAWS OF THE COLONY OF NEW YORK.
489
WHEREAS Severall persons disaffected to the Peace and Well-
fare of the said Town have of late taken upon themselves to
Execute the offices of Trustees and Magistrates 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 BE it
Enacted by the Leiu't Gov'r & Council and Representatives now
in Generall Assembly Convened, and it is hereby Enacted by the
Authority aforesaid that there be yearly and every year pursuant
to the said Pattent Elected twelve Trustees for the said Town
of Kings town and that five thereof be the magistrates aforesaid
and that they be Chosen & Elected on the first Tuesday of
March in the Town House of the said Town by the Majority of
the Votes of the Freeholders & ffreemen of the said Town, &
for the more regular & better proceeding in the Eleccon aforesaid
Be it Enacted by the Authority aforesaid that the Justices of the
Peace of the County of Ulster resideing and Inhabiting within the
Town aforesaid or one or more of them are hereby Required and
Comanded to Issue forth his or their Warrant or Warrants
directed to the Constable or Constables of the said Town three
days before the Election Commanding him or them to give notice
to all the ffreemen and ffreeholders of the Day and place of
Election and that Such as have the Majority of Voices in the
said Election shalbe returned Trustees of the 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 Execute
their said Office and that no person or persons not Sworn as
aforesaid shall be Suffered by the said Justices to enter upon the
said Office And Whereas Severall persons within the said Town
did in ye year of our Lord Seaventeen hundred and one illegally
take upon themselves the offices of Trustees & Magistrates as
aforesaid to the great Damage & manifest. Disturbance of the
Peace of the said Corporacon without being Elected or Sworn
unto the said Offices or any of them BE it therefore Enacted by the
Authority aforesaid that all the Acts proceedings & Judgements
had made given or Executed in ye Town of Kingstown in the year
1701, 1701 1-2 in the name and by the Authority of the Trustees
or Magistrates of the Corporacon of Kings Town or either of
them be for the reasons aforesaid held illegal and Void & the
same are hereby declared Illegal and void accordingly any Law
usage or Custom to the Contrary hereof notwithstanding.
62
!
490
LAWS OF THE COLONY OF NEW YORK.
1
[CHAPTER 110.]
[Chapter 110, of Livingston & Smith and Van Schaack, where the title
only is printed. This act is not printed in any edition 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 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 peace Welfare
and quiet of the Inhabitants Freeholders & ffreemen of the City
of New york than that they should enjoy all and every the
Libertys, Franchises privileges & Immunities granted unto
them by their Charter of Corporacon dated 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 Ancient Corporacon of this Province should be Incouraged
& the Inhabitants thereof made happy in every Respect and
Secured in the full enjoyment of their ancient Rights and
Privileges given & Confirmed unto them by their said Charter
as aforesaid and that all heats 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 & Representatives 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 Corpora.con in Such
manner & wayes 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 form 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 &
Choosen for every ward Such & so many Officers as in & by the
said Charter is directed, And Such & so many officers for ye Town
of Harlem within the Corporacon, of the said City as was by ye
Comon Council of ye Said City Ordered in ye year of our Lord
LAWS OF THE COLONY OF NEW YORK.
491
One thousand Six hundred Ninety Nine which Said Order is
hereby declared to be to all Intents & purposes Confirmed but
whereas great Strifes Debates & Suites have happened of late in
ye Election of the Officers aforesaid, that is to say of one Alder-
man one Assistant two Assessors one Collect'r one peity Con-
stable for each Ward & two petty Constables for the out ward
to the great Disquiet Disturbance trouble & Vexacon of the
ffreeholders & ffreemen of the said City by reason of the
misconstruccon of the said Charter for the preventing whereof
for the future Be it Enacted by the Authority aforesaid that
from henceforth & forever hereafter all & every the Freeholders
Dwelling & resideing within the said City having freehold w’thin
the said City either in his own Right, or in the Right of his
Wife, & all & every the ffreemen of the said City that now are
being born w'thin the said City or otherwise made free by
Enrolling or haveing purchased their freedom and resideing
within the said City shall have their Votes in the Electing of the
officers aforesaid in the Severall Wards where they live and in
no other Ward whatsoever within the said City, Provided they
have Actually lived resided or had their habitacon in the said
Ward three months before the day of Election & that
all persons borne within this Kingdom of England or
this City & hereafter Enrolled & made free shall have
ye like privilege of
privilege of Election but all & every person
or
persons not born in ye Kingdom of England or
this province that shall after the fourteenth day of
May now next ensueing become a freeholder or freeman of this
City shall not be Suffered to give his or their Vote in ye Elec
tion aforesaid unless they have lived Twelve months within the
said City & three months 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 accustomed day issue forth his Warrant to
the representative Alderman or Assistant or either of them of
the respective 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
Giesen & 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 Roynders for ye Westward, Evert Van Hook & Johannes
492.
LAWS OF THE COLONY OF NEW YORK.
Van Gelder & for ye outward Egbert Heeremans &
Johannes Waldron or one of them in each ward at
least & in Case
Case of their or any of their Death or
absence by Such as the Comon Council of
Council of said City
shall appoint in the room of ye s'd deceased 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 Poll of the Election of their respective Wards & not to Suffer
any to Vote but Such as are qualified as aforesaid & together
with the said Aldermen or assistant return ye names of Such as
have ye maj'r Vote for any of the said Officers unto the Clerks
office of ye Said City before twelve of the Clock the Same day
of the Election which persons so returned shall be deemed &
Esteemed to be Duely Elected officers for their respective Wards
& be accordingly Sworn in their respective Offices as the said
Charter directs for ye year ensueing on ye usuall day in Comon
Council after ye publishing of ye new May'r Comon & if
any Dispute shall happen Relateing to ye Elections aforesaid the
Same shalbe Decided by ye Comon Council for ye time being
within Eight days after the Election & if any person or
persons shall think him or y'mselves agreived by such their
Determinacon he or they shall have Liberty to make his or their
appeal to the Gov'r & Council for the time being & no where else
who are hereby Impowered finally to decide ye same. Provided
nevertheless that such appeal shall not be any pretence for the
May'r & Recorder for ye time being to Suspend to Swear or Sweare
others but such as are returned in Comon Council aforesaid
which to all Intents & purposes shalbe deemed & Esteemed to
be ye respective officers of the said City untill any return shall be
falsified by the Gov'r & Council & by their Warrant others are
Comanded to be Sworn in ye room of Such not duely Elected &
returned & to ye end that all 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 all Records or Minuts Entred in the
Comon Council Book from the Eleaventh day of November Last
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 COLONY OF NEW YORK.
493
[CHAPTER 111.]
[Chapter 111, of Livingston & Smith and Van Schaack, where the title
only is printed. This 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 present Sessions of the Generall
Assembly. And whereas it is of absolute 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 Representatives now in Generall
Assembly Convened and it is hereby, Enacted by the Authority
aforesaid that the said Act and every Article and Clause therein
Contained is hereby Continued and declared to be of full force &
Virtue untill the first day of May in the year of our Lord one
thousand Seaven hundred 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 NINTH ASSEMBLY.
First Session.
(Begun Oct. 20, 1702, 1 Anne, Edward Lord Cornbury, Governor.)
[CHAPTER 112.]
[Chapter 112, of Livingston & Smith and Van 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 hundred pounds for the
raiseing paying and maineteining one hun-
dred and fifty ffuzileers with their proper
Officers for five Months and Thirty Men with
their proper Officers to be Imploy'd as Scouts
Sixty two days for the Defence of the
ffrontieers.
[Passed, November 7, 1702.]
WHEREAS by the great Neglect of those who have lately
Exercis'd the Powers of Government in this Collony, the fforti-
494
LAWS OF THE COLONY OF NEW YORK.
ficacons on the ffrontieers thereof have Run to Ruin and Decay;
and for as much as the Safety, good and Welfare of this Colony,
as well as her Majesties other Provinces in these parts of
'America does greatly Depend on the making good and preserv
ing the Said ffortificacons and out Posts of the said ffronteers.
And Altho' this Province of it Self is very unable to raise and
maintain Such a Number of Men as will be alwayes necessary
to be there Posted and Mainteined, for the better Security
thereof; Yet that they may be found doing their Duty to the
utmost of their power and ability, with all Due Regard to her
Sacred Ma'tys service, and the preservacon of this Province, Be
it therefore Enacted by his Excellency, the Gov'r and Council
and Representatives Conven'd in General Assembly, and by the
Authority of the same, That the Sum of Eighteen hundred pounds
Currant money of New York be laid, Assessed, raised and Levied
upon all and every the Inhabitants, Residents, Sojourners and
ffreeholders of and in this Province, for the raising, paying and
mainteining one hundred and ffifty ffuzileers, with their proper
Officers, (for five Months and Thirty Men with their proper
Officers,) to be Imploy'd as Scouts Sixty two Dayes, the ffuzileers
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 Such place or places as his Excel the
Captain General Shall Seem 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 of Richmond Ninety pounds. ffor the County of
West Chester One hundred fforty four pounds. ffor the City and
County of Albany One hundred forty 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 Alder-
LAWS OF THE COLONY OF NEW YORK.
495
men within the City of Albany with the Justices of the Peace
for the time being for the Severall and Respective Cities Countys -
Towns, Mannors, Liberties and Jurisdiccons within this Colony
for the which they shalbe Justices of the Peace do within fforty
dayes after the publicacon hereof Assemble and meet together
in the Court Houses for the severall Respective Cities and Coun-
ties or Such other place or places as they shall agree among
themselves and shall there order that the Assessors and
Collectors 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 Sum or Sums of mony hereinbefore menconed
according to the proporcons before Expressed as to the said
May'r Aldermen and Justices shall Seem meet and reasonable
And forasmuch as there are Severall Mannors and Jurisdiccons
within the respective Counties aforesaid, who neglect or do not
Elect Annually or once every yeare Assessors or Collectors,
whereby the Intent of this Act may be frustrated. Be it also
Enacted, That if the respective Towns Mannors or Jurisdiccons
within the Severall Counties aforesaid shall refuse or neglect to
Choose Assessors and Collectors for Assessing of their respective
Towns Mannors or Jurisdiccons 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
Towns Mannors or Jurisdiccons are, are hereby Impowered and
Authorized to Nominate and appointe Assessors and Collectors.
for such Towns Mannors and Jurisdiccons as shall neglect or
refuse as aforesaid, which Assessors and Collectors, shall to all
Intents 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 have and shall have power and Authority, by Virtue of
this Act, each of them by himself to Administer an Oath to the
said Assessors, well and truly, equally 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 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 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 this Act is required or shall deny, neglect, or
refuse, to Collect any Sum or Sums of mony in form before men-
coned Assessed, that then and in Such Case it shall and may be
Lawful for any two of her Ma'ties Justices of the Peace of the
Cities and Counties where such offendors shall happen to dwell
or reside, and who by Virtue of this Act are required and Im-
powered to do the Same by Warrant under their hands and
Seals to Comit Such Assessors or Collectors so denying neglect-
ing or unequally and partially Assessing or refuseing to Collect
as aforesaid, to the Comon Goal there to remaine without Baile
or mainprize till he or they shall make fine or Ransom to her
Ma'ty for Such Contempt as aforesaid.
[And be it further Enacted by the Authority aforesaid, That
if any person or persons of what Degree or quality Soever he or
they shalbe within this Province, who shall be Assessed or rated
any Sum or Sums of money, by Virtue of this Act to be raised and
Levied shall Deny, refuse or Delay to pay and Satisfy the same,
that then it shall and may be Lawfull for any Such Collector, by
Virtue of a Warrant under the hand and Seal of any of the
Justices for the City and County where Such offendors shall reside
or Inhabit, who by Virtue of this Act are required and Author-
ized to grant and Issue forth Such Warrant, to levy the Same by
Distresse and Sale of Such person or persons Goods and Chattles,
Returning the Overplus, (if any be) to the owners, the Sum
Assessed, and Charges of Distress and Sale being first Deducted.]
And also, be it further Enacted by the Authority aforesaid, That
if any May'r Alderman or Justice of the Peace within this
Province, who are hereby required, Impowered & Authorized to
take Effectual care that this Act & every Clause therein be duely
Executed, according to the true and Genuine Sence and Intent
thereof, shall Deny, refuse, neglect or Delay to do, perform,
fulfill and Execute all and every or any of the Powers, Duties
and Authorities by this 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 this Province, he or they shall Suffer Such pain,
by fine and Imprisonment, as by the Direction of the Justices of
the said Courts shall be adjudged. And be it further Enacted
by the Authority aforesaid, That if any Action, Bill, Plaint or
Informacon shall be brought, moved or prosecuted at any time
hereafter against any person or persons, for any matter, Cause or
thing done or Acted in pursuance or Execucon of this Act, such
person or persons so Sued or prosecuted in any Court whatso-
ever, shall and may plead the General Issue, Not Guilty, and
give this Act and the Speciall matter in Evidence; and if the
LAWS OF THE COLONY OF NEW YORK.
497
plaintiff or prosecutor shall be non-suited, or forbear further
prosecucon, or Suffer Discontinuance, or Verdict to pass against
him, the Defendant or Defendants shall have Treble Costs, for
which they shall have like Remedy as in Case where Costs by
Law are given to Defendants. [Provided alwayes, That no
Mayor Alderman or Justices 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 thereafter,
any thing herein Contained to the Contrary hereof in any wise
notwithstanding.
[And be it further Enacted by the Authority 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
Credit of this Act, for the ends and purposes therein menconed, &
shall pay the same unto the Receiver General of this Colony, or to
the Com'rs for Mannaging the office of Receiver General for the
time being shall have 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 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 Destroying of Wolves with-
in this 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 Laws has been allow'd) Divers of the
Inhabitants of the Same Colony, have Suffered many grievous
Loses in their Stocks, both of Sheep and Neat Cattle. For the
prevention of which, and Encouragement of those who shall
destroy Wolves in the said Colony, and that the breed of Wolves
within this Colony may be whooly rooted out and Extinguisht,
Be it Enacted by his Excellency the Governr with the Consent of
her Ma'ties Council and Assembly for this Colony of New York,
That from and after the Publica con 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 County & Kings County, shall have
63
498
LAWS OF THE COLONY OF NEW YORK.
and Receive as a Reward, for each Wolf so destroyed and killed,
the Sum of Three pound Currant money of this Colony; and for
every Such Whelp under a year old, so destroyed and killed, the
Sum of Thirty Shillings Currant money aforesaid In the 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 Respectively for a Whelp. In the County of
Albany, Ten shillings for a grown Wolfe, killed either by Chris-
tians or Indians, and half that Sum for a Whelp. In the County
of Ulster, Twelve shillings for a grown Wolf, killed either by
Christians or Indians, and half that Sum 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 Effectuall 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 with all, Convenient Speed
bring the head or heads of Such Wolves, so by them destroy'd,
to some one of her Ma'ties, Justices of the Peace for that
County, Wherein the Same shall be killed, who (upon view
thereof, and Examinacon of the Party, and Circumstances finding
the same to agree with probability and Truth) 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 person 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 Immediate 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 at any 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 their Acco'ts for all their
payments made pursuant to such Warrant or Warrants, as is
above Set forth, any Law, Custom or ordinance to the Contrary
hereof in any wise notwithstanding. And in regard the respec-
tive Treasurers of the said Countys have not, or at present may
not have money in their hands for Defraying and Satisfying the
rewards by this Act allowed and Intended to be given, Be it
Enacted by the Authority aforesaid; That Immediately after the
publicacon hereof, in each of the said Countys, the several and
respective persons, for the time being, who are appointed for
the Assessing, Levying, Collecting and Receiving the publick
and necessary Charge within the respective Countys aforesaid,
shall in such manner as the publick moneys have usually been
heretofore Levyed, raise in each of the 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 yearly 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 Peace, Treasurer, Assessor,
Collector, Supervisor, or Such other persons as now are, or at
any time hereafter shall be appointed and Authorized to Super-
vise, Audit or allow of the Acco'ts and payments of the respec-
tive Treasurers in the Countys aforesaid, shall neglect deny or
refuse to do, perform and Execute the Several and respective
Acts and Duties hereinbefore Directed, Comanded or required
to be done, 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 remain
undischarged, every Such persons SO neglecting deny-
ing or refusing shall forfeit and pay to the party thereby
being greived, the Sum of five pounds Currant money of New
york to be Recovered by an Accon of Debt in any of her Ma'tys
Courts within this Colony. Provided alwayes, That such Accon
500
LAWS OF THE COLONY OF NEW YORK.
be brought and Sued within one year and a day after such
offence Comitted, and not otherwise. And be it further Enacted
by the Authority aforesaid, That from and after the publica.con
of this Act, all former Acts and Laws for giving any Reward for
Destroying of Wolves and Whelps, shall from thenceforth stand
Repealed, and be void. Provided That whatsoever person or
persons is by the said Acts or Laws Entituled to any Reward or
Rewards for destroying of Wolves or their Whelps, shall not be
barred or precluded from their Lawful demands, any thing
herein Contained notwithstanding.
[CHAPTER 114.]
[Chapter 114,of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 185, 218;
Baskett, p. 53. Continued by chapter 157.]
An Act for the better Setling the Militia
of this Province and makeing it more usefull
for the Security and Defence thereof and for
the Repealing of all former Acts heretofore
made in this Province Relating to the Same.
[Passed, November 27, 1702.]
WHEREAS the Security and preservation of this Province
greatly depends upon the Militia being put into Such Methods
and under Such Rules that it may make the Same most usefull
for the Support and defence thereof and that the Inhabitants
should be well Armed and Train'd up in the Art Military as
well for the honour and Service of her most Sacred Ma'ty, as the
preservacon of their own Lives and Fortunes. Be it Enacted and
Ordained by the Gov'r Council and Representatives, and it is
hereby Enacted and ordained by the Authority of the Same.
That no person whatsoever from Sixteen to Sixty yeares of Age
remain unlisted by themselves their Parents Masters Mistresses
or Imployers under the Captain of their Respective places of
Abode in foote or horse the Space of one Calender month after
their attaining the said Age of Sixteen Yeares, or after their
Arrival or coming to reside or Sojourn in any place within this
Province on penalty of Twenty shillings and So for every month
Such person after notice thereof given shall remain unlisted.
And that every foot Souldier be provided with a well fixed
Musquet or ffusee, or if the officer So appoint with a good Pike and
Sword or Lance and Pistoll, each Musqueteer Six Charges of
Powder and one Cartouch Box and so shall appear when and
where required upon penalty of five shillings for his default in
not appearing and three shillings for want of each Charge of
•
LAWS OF THE COLONY OF NEW YORK.
501
Powder, Gun, Pike, Sword, Pistol, or Cartouch Box, So as the
wholl penalty for any person at any time exceed not Twenty
shillings. And that every Souldier 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
Holsters Breastplate and Crupper, & a Case of good Pistolls,
Hanger Sword or Rapier and half a pound of Powder with Twelve
Serviceable Bullets on penalty of Ten shillings for each times
absence and ten shillings for default of the particulars above
menconed So as the wholl penalty for one time exceed not
fifteen shillings, And that every foot Souldier shall have at his
Habitacon or abode one pound of good Powder and three pounds
of Sizable Bullets, and every Trooper shall have at his usuall place
of abode a well fixed Carbine, with Belt and Swivell, and two
pounds of fine powder with Six pounds of Sizeable Bullets on
penalty of ten shillings for every Default, and that each of them
shall bring the Same into the ffeild when Commanded upon
penalty of answering the Same at a Court Marshall.
And for the Supply of the Troops of Horse in the Citys of
New york and Albany and County of Ulster It shall be in the
power of the Colonell or other Cheif Officer of the City of New
york, County of Albany and County of Ulster for the time being
whenever any of the said Troops shall not Compleat the number
of ffifty, to present Double the number instead of Such as are
dead removed or wanting out of the principall Inhabitants and
Gentlemen of the respective Cities and Counties aforesaid unto
the Gov'r for the time being, who from time to time may list and
Order So many of them, to bee of the said respective Troops, as may
Compleat the number of ffifty for her Ma'tys Service and the
Security of this Province, And any person & persons so presented
to the Gov'r for the time being & by him Listed and ordered to
be of the said respective Troops shal be and are hereby Obliged
to Serve in the said respective Troops upon the penalty of five
pounds
And it is further Enacted by the authority aforesaid, That no
person So Listed as aforesaid, shall depart thence, without a Dis-
charge from the Commander of the Company or Troop where
Listed on penalty of fforty shillings, and that no Commander of
any Company or Troop shall refuse when Desired to give a Dis-
charge in Writing to any that has removed his abode cut of the
precincts or Province under the penalty of five pounds.
And whereas at the Citys of New york and Albany and at the
Town of Kings Town in the County of Ulster Guardes and
Watches are every night Set and appointed, Be it therefore
Enacted and Ordained by the Authority aforesaid That it shall
•
502
LAWS OF THE COLONY OF NEW YORK.
and may be Lawful for any person or persons Listed in the
Militia Regiments of the Citys of Newyork and Albany or in any
the Militia Companys in the Town of Kingston in the County of
Ulster (Except on Exterordinary Occasions) to put a well armed
man in their Room who if approved of by the Captain of the
Guard shall excuse his or their absence Provided alwayes that
the Commission officers and Serjeants of the respective Com-
panies in the Citys of Newyork and Albany and in the Town of
Kingston in the County of Ulster be Obliged in their Respective
Turns to mount the Guard in their proper persons and that no
person shall refuse to be a Serjeant Corporall or Drummer 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 all Captains of Companies of ffoot or Troops of
Horse shall 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 remaine unprovided, And that all the
Colonells of the respective Regiments 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 all be duely
listed Armed and Equipped And to return 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 Comand be given by the
Captain Generall or Comander 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 Arms they shall Observe and keep all and every of the
Laws and Articles of Warr and give all due Obedience to their
Superior 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
Regiments to give out Copies of the said Articles unto the
respective Officers, that the same may be publickely read once
every three months unto the Souldiers whilst they are in Arms
that all persons may the better know and Observe their Duties.
LAWS OF THE COLONY OF NEW YORK.
503
And if it shall happen that any of the Officers or Souldiers shall
when they are out of Arms endeavour to take Revenge by force,
for any thing his or their Superior Officers lawfully did in
pursuance of his or their Duty and this Act, The Said Officers
and Souldiers shal-be brought to a Court Martiall and there pun-
ished as if the Offence had been done 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 ffeild 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 Regiments, And
if any ffeild Officer Captain or other Inferior Officer shall neglect
or Contemn performing the Lawfull Comands of the respective
Superior officers he or they shall be punished by fine Casheering
or other punishment according to the discretion of a Court
Martiall which 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 all 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 present 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 all 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 Discretion of their Officers, But if the
offender be a Servant the owners goods shal-be Lyable to the
Distresses and Sales as aforesaid, So that Sattisfacon may be
made, And if any Such Serjeant or Corporall so as aforesaid
appointed by his Captain shall refuse to Execute such Warrant to
him granted, Such Serjeant or Corporall shall forfeit for every
504
LAWS OF THE COLONY OF NEW YORK.
Such Offence for the uses aforementioned the Sume of fforty,
shillings to be levied by Distresse as is aforesaid by such other
Serjeant or Corporall by the like Warrant under the hand and
Seale of the Captain as is before in this Act Expressed And for
all other penalties mentioned in this Act the Same to be levied
by Distresse and Sale of the Offenders goods and Chattles by
the Provoost Marshall by Warrant from ye Captain Generall or
Comander in Cheif or the Cheif ffeild Officer where such Offendors
are, one half thereof shall be to the Captain Generall and the
other half to the Said ffeild Officers of that Regiment where the
Offence is Comitted. And if the fines that do relate to any person
under the Degree of a Captain shall not amount to a Sum Suf-
ficient to defray the Charge of the Captains Companies or Troops
that then the over plus wanting to be Levied upon the Severall
Souldiers equally by Warrant or order of the Colonell or Cheif
Officer of the Regiment Troops or Companies.
And be it further Enacted by the Authority aforesaid That it
shall & may be Lawfull for any Comission officer belonging to the
Regiment of the Citys of Newyork and Albany or to any the Com-
panies in the Town of Kingston in the County of Ulster under the
Degree of a Captain in the absence of the said Captain to grant
Warrants of Distresse against any person whatsoever that shall
absent themselves from their Duty on the Night Guards, without
Sending a Sufficient person to Serve and watch in their Stead
which said Warrants So granted shall be as Effectuall to all
Intents and purposes whatsoever as if they or any of them had
been Granted by the Captains themselves.
And be it further Enacted by the authority aforesaid That all
persons so listed as aforesaid shall readily attend their Duty, and
Serve on the Watches when thereunto appointed by their Officer
or Officers under the penalty of Six Shillings for each default to
be levied by Distresse as is aforesaid.
And it is also further Enacted by the Authority aforesaid That
no person whatsoever presume to fire any Small Arms after eight
of the Clock at night unlesse in Case of an Alarm Insurrection
or any other Lawfull occasion And in either of the said Cases
four Musquets or Small Arms distinctly fired, or where Great
Guns are the firing of one great Gunn and two Musquets or
Small Arms Distinctly and beating of a Drum shall be taken
for an Alarm. 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
at night unless as aforesaid shall be fined or otherwise punished
at the discretion of a Court Martiall not Extending to Life or
Limb. And in Case of Such Alarm every Souldier is Immediately
LAWS 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 prevention of false Alarms no Captain
Master or Comander of any Ship or Vessel riding at Anchor in
any the Harbours Ports or Bayes within this Province or any
other person fire any Gun or beat any Drum after Eight of the
Clock at night under the penalty of four pounds for every Gun
So fired or Drum beaten to be levied by Warrant from the Cheif
Officer not under the Degree of a Captain (who is hereby
Impowered 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 Impowered to Comit such
Offendors to the Goale there to remaine untill payment to be
made of the same, And that in Case the said Cheif Officer shall
not perform his Duty therein he 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 her Ma'ties Ships of Warr, for their firing at Setting
the Watch.
PROVIDED alwayes and it is hereby further Enacted and
declared by the Authority aforesaid That all Trumpeters and
Drummers 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 them upon penalty of fforty
shillings.
And be it further Enacted by the Authority aforesaid that all
Captains of the Companies in the Severall Towns within this
Province do take due care to List all youth as they shall come to
the Age of Sixteen Years, And if any debate shall arrise Con-
cerning the Age of any such Youth the same shall be determined
by the Oath of their Parents or any other Credible person taken
before Some Justice of the Peace who are hereby Required and
Impowered to Administer the Same 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 he shall be dismissed untill such time as he
attain to that Age.
•
•
64
506
LAWS OF THE COLONY OF NEW YORK.
PROVIDED alwayes and it is hereby further Enacted and
Declared That all the members of her Ma'tys Council, Justices
of the Peace high Sherriffs Coroners and all other Officers of
Courts Ministers School Masters Phisitians and Chyurgeons
shalbe free from being Listed in any Troop or Company within
this Province any thing Contained herein to the Contrary in any
wise notwithstanding.
PROVIDED alwayes and be it further Enacted and declared
by the Authority aforesaid. That nothing in this Act Conteined
be Expounded Construed or understood to diminish alter or
abridge the power of the Captain Generall or Comander in Cheif
for the time being, but that in all things and upon all occasions
he may Act as fully & freely as Captain Generall or Comander
in Cheif to all intents and purposes as if this Act had never
been made any thing in this Act to the Contrary notwithstanding.
And be it further Enacted by the Authority aforesaid that
all and every Act and Acts heretofore made for setling the
Militia of this Colony or any ways relating thereunto be and are
hereby for ever Repealed Reversed vacated and become null
void and of none Effect And the Said Acts and all Articles and
Clauses therein mentioned are hereby declared to be for ever
Repealed Reversed vacated and become Null Void and of none
Effect to all Intents Constructions and purposes whatsoever as
if the same had never been made and Enacted any thing to the
Contrary notwithstanding.
PROVIDED 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 Negro, or to any Indian Slave or Servant to be Listed or
to do any Duty in the Militia of this Province
PROVIDED alwayes That no person or persons whatsoever shall
be Sued prosecuted or his goods & Chattles lyable to any Levy
or Seizure by Virtue of any 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 Captains or other Officers
Comanding the Companies respectively for the time being shall
and may by Virtue of this Act appoint or detach Such and So
many of the respective Companys as shall be required for that
Service by the Capt Generall or other Superior Officers by leav-
ing a Note in writing at their respective Houses or last place
·
LAWS OF THE COLONY OF NEW YORK.
507
of abode Signifying when & where they shall appear ten dayes
Inclusive, before the day of Such appearance, & if any person or
persons for whome Such note shall be left as aforesaid, shall
not appear at the time and place appointed and perform the
service required of him he or they 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 Comitted or offender shall
be found by Accon of Debt Bill plaint or Informacon in w'ch no
protection Essoin Emparilance or Wager of Law shall be allowed,
which forfeiture of Six pounds shall be applyed and given to the
use of Such person or persons who shall be Summoned to appear
& Serve in the Room of such offender makeing default of appear-
ance as aforesaid.
Provided also, That this Act shall 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
New York for the future.
[Passed, November 27, 1702.]
WHEREAS the Mayor, Aldermen and Comon Council of the
City of New York, have Represented unto the General Assembly
of this Province, that in the late 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 maintenance of the Poor
in the said City, was farr short of giving them a necessary
Support in this Emergencey, for Remedy whereof and for the
better Support and mainteinance, for the future. Be it Enacted
by his Excellency the Governour and Council and Representa-
tives Conven'd in General Assembly, and by Authority of
the Same, That hence forth it shall and may be Lawfull for Such
persons as are Impowered to Raise and provide for the Main-
teinance of the Minister and the poor of the Said City, Annually
in the Month of January, upon any Such Emergency, or whenso-
ever a necessary Support or Supply for maintenance of the
Poor of the said City, shall be wanted, at any other time, thro
out the wholl year to Assemble and meet together, and make
508
LAWS OF THE COLONY OF NEW YORK.
1
Such further necessary requisite supply by a Tax upon the
Inhabitants of the said City, for the use of the Poor, as they
shall Judge Sufficient not Exceeding three hundred pounds
mony of this Colony for one year to be Levyed, Assessed, Col-
lected and paid by Such persons, & in Such manner, and under
like penaltyes respectively, as are provided in the Act of Assem-
bly of this Province, Entituled, An Act for Settling a Ministry and
raising a mainteinance for them in the city of New york &c
made in the fourth Year of King William and Queen Mary, any
thing in the said Act, or any other to the Contrary thereof in
any ways notwithstanding.
Provided, That this Act, nor anything therein Contained, shall
be of force any Longer than for the Space and time of two years
from the publishing hereof.
[CHAPTER 116.]
[Chapter 116, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 180, 213. Title
only is printed in Baskett, p. 61. Baskett states that this act was con-
firmed by the Queen, March 20, 1702.]
An Act for granting unto her Ma'ty
the Sum of Two Thousand pounds to be
apply'd (with her Ma'ties good pleasure) to
the uses in this Act menconed
[Passed, November 27, 1702.]
May it please your most Excellent Ma'ty, we the Representa-
tives of your Ma'tys Colony of New York in America, Conven'd
in General Assembly out of a Quick and lively Sence of our
late Deliverance, by the happy and most Seasonable Arrivall
of his Excelleny my Lord Viscount Cornbury your Ma'tys present
Governour of this Colony, amongst us, And of the Sattisfaction
peace and Security which all your Ma'ties Loyall and good Sub-
jects thro' out the Same Colony, have and enjoy by his Excel-
lencys most equall, Just, and wise Administration towards us,
cannot Conceale our Gratefull resentments thereof; without Some
Small Expressions of the Same Such as we are able to make,
both to your Ma'ty and to him for So great and good a benefit.
And because words alone are not Sufficient for that Duty, as a
farther testimony of our Sincerety and heartiness therein and of
that Constant and Steady Loyalty and Dutifull affections which
we do, & shall ever beare unto your Ma'tys Royall person and
Goverment here, at home, & thro'out your Regall Dominions
We most humbly beseech your Sacred Ma'ty that you would be
Graciously pleased to accept of the Sum of Two Thousand
LAWS OF THE COLONY OF NEW YORK.
509
pounds Currant monys of this Colony. And we do hereby
Give and Grant unto Your Ma'ty the Sum of Two thousand
pounds Current monys of this Colony to be Assessed Levyed and
Collected, as hereinafter is directed & appointed the which
monys when Collected and Received, We further most humbly
beseech your ma'ty may by your Ma'ties permission, be given
and disposed of to his Said Excel Edward Lord Vin-
cent Cornbury your Ma'tys Captain Generall and Gover-
nour and Comander in Cheif of this your Ma'tys Colony
of New York and Territorys and Tracts of Land Depend-
ing thereon in America, and Vice Admirall of the Same and for
want of your Ma'ties permission therein that the said Sum of Two
thousand pounds may be applyed to the Defence of the Country.
And that it may be herein and hereby Enacted Accordingly Be
it therefore Enacted by his Excel the Governor, Councill and
Representatives Conven'd in General Assembly, and by the
Authority of the Same. That the Sum of Two thousand pounds
Current monys of this Colony by her Ma'tys permission to be
given and disposed of to his said Excel Edward Lord Viscount
Cornbury his Executors or Assignes and for want of her Ma'tys
permission therein the said Sum of Two thousand pounds to be
apply'd to the Defence of the County be laid Assessed Levyed
and raised upon the ffreeholders Inhabitants and Residents
within the Severall respective Counties thro' out this Colony as
well Sojourners as others, according to the Severall Rates, Pro-
portions, and Quotas following to be charged on each County,
That is to say on the City and County of Newyork ffour hundred
twenty three pounds for Kings County two hundred Ninety Six
pounds, for Queens County Three hundred and Seaventy pounds,
for the County of Suffolk Three hundred and Seaventy pounds
for the County of Richmond Ninety pounds, for the County of
West Chester, One hundred twenty four pounds for the City
and County of Albany One hundred and Twenty pounds for the
County of Ulster One hundred forty four pounds for the County
of Orange forty five pounds and for Dutchesse County Eighteen
pounds. The which Sum of Two thousand pounds Current mony
aforesaid shall be raised, Assessed, Collected, Levyed and paid
unto her Ma'tys Collector or Receiver Generall of this Colony or
to her Ma'tys Commissioners for Executing that Office, for the
the time being, at the Custome house at New york on or before
the last day of May next and the last day of November which
shall be in the year of our Lord One thousand Seaven hundred
and three, And for the better more due, and Orderly, Assessing
Rateing Levying and Collecting the said Sum of Two thousand
pounds. Be it further Enacted by the Authority aforesaid, That
510
LAWS OF THE COLONY OF NEW YORK.
the May'r and Aldermen of the City of New york, In that City,
the May'r and Aldermen of the City of Albany In that City, and
the Justices of the Peace in the Severall and respective Counties
aforesaid, whereof they are respectively Justices of the peace Do
within forty dayes after the publicacon of this Act, Assemble and
meet together at the Severall and respective Town halls or
Houses, for the said Cities, and at the Severall and respective
Court Houses for the said Counties, or at Such other place or
places, within the Cities and Counties aforesaid, as they the said
May'rs and Aldermen and Justices of the Peace shall respectively
amongst themselves agree 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 shall seem meet and reasonable.
And whereas there are Severall Towns Mannors Liberties and
Jurisdiccons within the respective Counties aforesaid which do
no Annually Elect Assessors and Collectors for the said Towns,
Mannors, Liberties, and Jurisdiccóns 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 shall want and be without Assessors at the
time when this Act comes 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 So wanting Assessors
and Collectors as aforesaid shall be, or any two of them (when the
said Justices meet and Assembly together for that purpose) to
Nominate and appoint Assessors and Collectors for the Same
Townes, Mannors, Liberties and Jurisdiccons, respectively to
Observe and Execute 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 the Said Justices of the Peace for the
respective Counties aforesaid have and shall have by force and
Virtue of this Act, full power and Authority Severally and
respectively to Administer an Oath to all and every the Assessor
and Assessors aforesaid in manner following Vizt that he or they
Shall well and truely Execute and performe the said Office of
Assessor and truely, equally, Impartially, and in Due proporcon
LAWS OF THE COLONY OF NEW YORK.
511
Assess and rate the Estates of the ffreeholders, Inhabitants,
Residents and Sojourners of the Severall & respective places for
which they shall be, Assessors According to the best of their Skill,
and that therein they shall Spare no person for favour or affec-
tion or greive any one for hatred or ill will And the said Assessors
and every of them respectively are hereby required within the
time and Space of forty days to make their Severall and respective
Assessments aforesaid and also within the time and Space of
tenn dayes after that to make out true and perfect Copys of
the Assessments So to be made by them as aforesaid and to
deliver the Same in writeing subscribed with their respective
names to the said respective May'rs and Aldermen of the Said
Cities and to the respective Justices of the Peace of the Said
Counties or to the respective Town Clerks of the Said Cities, and
respective Clerks of the Peace of the said Severall Counties afore-
said, And the said respective Mayors, Aldermen, and Justices of
the Peace of the respective Cities and Counties aforesaid, or any
two or more of them respectively within the time and Space of
Tenn days next after the said Coppys of the Assessments afore-
said shalbe Delivered to them, are hereby ordered and required
to Cause the said Severall and respective Coppys of the Assess-
ments aforesaid to be fairely transcribed and written over and
to Signe and Seal Duplicates thereof, and Deliver the Same or
Cause them to be delivered within the time aforesaid unto the
respective Collectors within the said Severall Cities, Counties,
Towns, Mannors, Liberties, & Jurisdiccons aforesaid. And to
the respective Towne Clerk of the said Cities and the respective
Clerks of the peace of each respctive County aforesaid there to
be respectively filed by each respective Town Clerk and Clerk of
the peace aforesaid, and remaine upon Record the which Town
Clerk and Clerks of the peace, and every of them are hereby
ordered and Directed to transmit the Severall & respective Sum
and Sums of mony which Shall be so Assessed as aforesaid upon
Each respective Ward and place within the said Cities and upon
each respective Towne, Mannor, Liberty place and Jurisdiction
within the respective Counties aforesaid unto her Ma'tys Collector
and Receiver Generall at the City of New york aforesaid or to her
Ma'tys Commissioners therefore Executing the said Office for the
time being within tenn dayes next after their respective receipts
of the Duplicates aforesaid under the pain and penalty of five
pounds Current mony of New york, to be lost and forfeited by
every Town Clerk, and Clerk of the peace aforesaid makeing
default therein and not transmitting the said Sum and Sums of
mony Assessed as aforesaid in manner aforesaid.
And be it further Enacted by the Authority aforesaid that
if any the Assessor or Assessors to be appointed as aforesaid
512
LAWS OF THE COLONY OF NEW YORK.
shall deny neglect or delay to make Assessment as aforesaid,
or shall do the Same partially and unequally, or if any the Col-
lector or Collectors aforesaid Shall deny neglect or Delay to
Collect, receive and gather in any Sum and Sums of mony So to
be Assessed, Taxed, and Rated as aforesaid Contrary to the
Intent and true meaning of this Act, that then and in Such Case
it shall and may be Lawful 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 Counties, where such offender or Offen-
ders shall dwell or reside, or any two of them respectively by
Warrant under their hands and Seales to Comit Such Assessor
or Assessors Collector or Collectors, so offending as aforesaid to
the Comon Goale of the Said respective Cities or Counties 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 Offence aforesaid. And upon every Such Comitment
the said May'rs and Aldermen of the said Cities, And the said
Justices of the peace of the said Counties respectively are hereby
required Speedily to nominate and appoint other Assessors or
Collectors as the Case requires in the place and Stead of those
which shall be so 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 Sumes 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 thereof made by the proper Officer
or Collector of the Same It shall and may be Lawful to and for
every Such proper Officer and Collector by Warrant under the
hands & Seales of two Justices of the peace of the respective City,
County, 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 distress and Sale of the person or persons goods and
Chattles, so refuseing or neglecting to pay the Same as aforesaid
And for want 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
Immediately paid and returned to the owner thereof the Charges
of such Distress driveing or Carrying away the Same, onely being
out of Such overplus first had and deducted.
LAWS OF THE COLONY OF NEW YORK.
513
And be it further Enacted by the Authority aforesaid, That
if any May'r Alderman or Justice of the Peace within this
Colony, who is or are hereby Authorized Impower'd and requir'd
to take Effectual care that this Act and all and every Clause,
Article, and thing therein Conteined be duely put in Execucon
according to the true Intent and meaning thereof shall make
Deafult therein, & not duely and truely performe and Execute
the same in every respect as by the said Act is required of them,
and shall thereof be Convicted before her Ma'tys Justices in any
her Ma'tys Courts of Records within this Colony he or they so
makeing Default as aforesaid shall Suffer Such pain by fine (and
Imprisom❜t till the Same be paid) as by the Discretion of the
said Justices of her Ma'ties said Courts of Record respectively
where such Conviction shall be. 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 whatsoever, for any
Matter Clause, or thing whatsoever, done or Acted in pursuance
or Execucon of this Act Such person or persons so Sued or
prosecuted in what Court Soever Such Suit or prosecucon shall
be Commenced or followed shall and may plead the Generall
Issue not Guilty, and give this Act, and the Speciall matter in
evidence, And if the plantiff or prosecutor shall be nonsuited, or
forbear further prosecution or Suffer discontinuance or Virdict
to passe against him, the Defendant or Defendts shall recover
treble Costs for w'ch they shall have the like Remedy as in
Cases where Costs by the Law are given to Defendants Provided
alwayes that no Mayor Alderman or Justice of the peace
aforesaid shall be Sued, prosecuted, or molested for any Omis-
sion Offence or neglect by him or them Comitted Contrary to
and against the tenour of this Act, but within the Space and
Compasse of one year next after Such Omission Offence or
neglect Comitted, and not otherwise any thing herein Conteined
to the Contrary thereof notwithstanding.
[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 Journals of Legislative Council, p. 186.) The same act was signed
by the Governor, November 27, 1702. The chapter number is inserted
here in order to preserve the continuity of numbering.]
65
514
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 118.]
[Chapter 118, of Livingston & Smith and Van 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 time being, to raise 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 present 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
Representatives in General Assembly, the Sallary or allowances
for raising of publick Taxes, the Charges of Watching and
Warding, and of Military Guards (when the Same 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 coming by Casual Deaths, and other publick
and necessary Charges. Be it Enacted by his Excel the Gov'r
and Council, and Representatives Convened in General Assembly,
and by the Authority of the Same. That it shall and may be
Lawful for the Mayor Aldermen and Comonalty of the said City,
for the time being, in Comon Council met and assembled, or Such
number of them as do make up a Comon Council, once in every year,
or oftener if there be occasion, at Such time as they 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
Maj'r part of them shall agree 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 Mayor, 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 as
LAWS OF THE COLONY OF NEW YORK.
515
other publick moneys, in the hands of former Treasurers of the
said City.
Provided 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 publiq'e
Elective Magistrates & Officers as may Dye,
Remove, or otherwise be incapacitated to
serve, before the time of the Annual Election.
[Passed, November 27, 1702.] .
Whereas it hath been often found very hurtful and pr'judicial
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 Magistrate 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, comes 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 Gouvernour & Councill, and
Representatives, Conven'd in Gen'l: Assembly, and by authority
of the same, That hereafter upon the Death, Removall out of the
said City or other Disability happening to any Magistrates or
other publiq'e 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 Anniversary Elec-
516
LAWS OF THE COLONY OF NEW YORK.
tion, and w’ch, Magistrates and Officers, So Chosen and Elected
shall be sworn, and have power to Execute 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. 193, 226.
Title only is printed in Baskett, p. 62. Baskett states that the act was
confirmed, 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, Aldermen 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 Pious & necessary work may receive due
encouragement, Be it Enacted by his Excellency the Governour
and Council, and Representatives 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 come 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 maintenance of the said School-
Master, which Said Sum of fifty pounds shall be Assessed, Levyed,
Collected and paid by Such persons, 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 Ministry, and Raising a Mainteinance for them in the City'
of, New York, County of Richmond, West Chester and Queens
LAWS 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 Vacancy happens, be Chosen and Recomended
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 Cordiall affection to
her most Sacred Ma'ty, and for better Support of her Goverm❜t
in this her Colony of Newyork, We, the Representatives 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-
lected and paid unto her most Excel Ma'ty for and during the
Term of three Years next after the Expiracon of the Term
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'tys 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 menconed, shalbe
abide and remain in full force and Effect to all Intents and pur-
poses, during the said Term of three years, that is to say, from the
Eighteenth day 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 our Lord One thousand Seaven
518
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 the
body of this Act, any thing to the Contrary hereof in any wayes
notwithstanding.
[CHAPTER 122.]
[Chapter 122, 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. Defects in this act supplied by
ch. 136.1
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 have 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 Representatives 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 all 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 Arrival
of the late Earl of Bellomont, late Govern'r of this Colony, until
the first day of the Sessions of this present 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
lay before them the Accots of the publick Revenue, and all the
Acco'ts of Taxes, Subsidies or Aids granted unto the late King
William the third, from and after the Arrival of the late Earl of
Bellemont, late Governr of this Colony, untill the first day of the
Sessions of this present Assembly, together with all 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 persons whatsoever, or for what use or uses.
Soever.
And be it further Enacted by the 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 Representa-
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
all 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 time being, who are hereby
Authorized and Impowered to Administer the Same, Vizt I. A. B.
do Swear, that according to the best of my knowledge and Skill, I
shall faithfully, Impartially and truly, without favour or Affec-
tion to any, demean myself in taking, Stating, and Examining
all 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 have 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 have 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.]
[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 Excell'cy the Governour and Councill
and Representatives conven'd in General Assembly, and by
authority of the same, That no P'son or P'sons hereafter through-
out this Province, do presume to Trade with any slave either in
buying or selling, w'th'out leave and Consent of the Master or
Mistress, on penalty of forfeiting Treble the value of the thing
traded for, and the sume of ffive pounds Current money of New
York, to the Master or Mistress of such slave, to be recovered
520
LAWS OF THE COLONY OF NEW YORK.
1
of such p'son or p'sons so trading contrary to the true intent of
this Act, by Action of Debt, in any Court of Record w'th in this
Province, where such sum or sums is Cognizable; and all 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
Discretion, 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 other Towns within this Province, doth daily
increase, and that they have 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 Mistress's proffitt, and by their Master or Mistress consent, *
upon penalty of being whipt upon the naked back, at discretion
of any Justice of the peace, not exceeding fforty' Lashes. And
that it shall and may be lawful hereafter for any City or Town
w'thin this Province; to have 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 agree 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 all such slaves as shall be
whipt, as aforesaid.
And in Case any slave presume to assault or strike any ffree-
man or Woman professing Christianity, it shall be in the power
of any two Justices. of the peace, who by this Act are thereunto
authorized, 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,
Conceal, 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 be
LAWS OF THE COLONY OF NEW YORK.
521
found guilty of harbouring, entertaining or Concealing of any
slave, or assisting to the Conveying of them away, if such slave
shall thereupon be lost, dead, or otherwise 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 manner aforesaid. And Whereas slaves are
the property of Christians, and cannot without great loss or
detriment to their Masters or Mistresses, be subjected in all
Cases criminal, to the strict Rules of the Laws of England, Bee
it Enacted by the Authority aforesaid, That hereafter 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 make satisfaction for such damage
to the party injured, to be recovered by action of Debt in any
Court haveing Jurisdiction and Cognizance of Pleas to that
value, and the slave shall receive Corporal Punishment, at Dis-
cretion of a Justice of the peace, and immediately thereafter be
permitted 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 evidence in any matter, 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
Master's or Mistress'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 Act shall be and continue in force only
for one year from 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 have 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 Journals of Legislative Council, p. 189.)]
FOR
An ACT against Forging, Counterfeiting and Clip-
ping of Foreign Coyn, which is Current Money in
the Collony of New-York
[Passed, November 27, 1702.]
OR as much as by the Laws of this Collony no Condigne
Punishment is at this time provided for such evil disposed
66
522
LAWS OF THE COLONY OF NEW YORK.
Persons 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 this Collony of New-York, where by
divers evil 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
detriment of her Majestys Subjects. Be it therefore Enacted by
the Governour and Council, and Representatives 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 Kingdom of England, of such
Offences, shall be Imprisoned for the space of one whole Year
and a Day, and forfeit all their Goods and Chattels, any Law,
Usage or Custom to the contrary hereof in any wise not with-
standing. Provided, That this Act shall be of force for the space
of one Year, and no longer.
[CHAPTER 125.]
[Chapter 125, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 202, 235. Title
only printed in Baskett, p. 62.]
An Act for pr'venting doubts and Mis-
takes, and for Continueing process and
Judiciall proceedings.
[Passed, 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 all doubts Ques-
tions and Scruples which can or may arise concerning the keeping
or holding the said Court and for avoiding all manner of discon-
tinuances whatsoever which by occasion thereof should or might
or can or may happen or be in any matter or cause soever in the
same Supreme 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 the 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 all and Singular the said pleas writts.
Bills actions suites plaints processes precepts and other the
premisses aforesaid shall stand Continue and be good and effect-
uall in the Law to all 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 all 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
Supreme Court which should have been holden and kept at New
York in October last be and are hereby Continued and adjourned
unto the next Supreme Court of Judicature to be holden and
kept the first Tuesday in Aprill next at New York, And that all
parties in any pleas writts Bills actions, suites plaints processes 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 appeare
at the said next Supreme Court in Aprill, And that all Sherriffs
officers or other Ministers whatsoever and every of them Respect
ively keep in their hands all writts Bills processes and precepts
and all other things whatsoever to them directed respectively
Returnable or to have 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 have 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, all state that this act was repealed by the Queen, June
26, 1708.]
An Act for the Repealing 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 have lately been past
in this Colony, with plausible and Colourable Titles and preten-
524
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 all of them
instead of being for the profit and advantage of the Subject, as
they ought to be, have been, and prov'd to the Distruccon of
property, the confining and Enervating 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 Same, That one Act of General Assem-
bly, Entituled an Act for Regulateing Elections of Representa-
tives in General Assembly in each Respective City and County
within this Province. One other Act, Entituled, an Act to pre-
vent Vexatious 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 all and every the
Branches, Clauses and Articles in all 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 all 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-
mulgated 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 all 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 perpetual Oblivion,
Be it further Enacted by the Authority aforesaid, That all
Minutes, Notes, Memorials, Registry, Enrolments, Filing and
Entries of all or any the said pretended Act or Acts, shall be
defaced, taken off the File, Torn, Cancelled, or otherwise Totally
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
Provided always, That this Act, or any thing therein Con-
teined, shall not Extend to Charge or burthen the Collector 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 other 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
Exonerated and Discharged, and therefore hereby Indempnified,
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, from the Moneth of April, which
was in the year Seaventeen hundred
[Passed, November 27, 1702.]
WHEREAS the Act of General Assembly of this Province,
made 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 Same, are all 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 Representa-
tives Conven'd in Generall Assembly, 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 all the Rates and Sums
526
LAWS OF THE COLONY OF NEW YORK.
.
of Money Establisht by Virtue of the said Act, upon Letters and
Pacquets that shalbe received and dispatch'd by the 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 Such 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
all Intents and purposes, during the said term 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 Cornbury, Governor.)
[CHAPTER 128.]
[Chapter 128, of Livingston & Smith and Van Schaack, 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 Congregation to hold
to them & their Successors for ever.
[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 present
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 Congregation of ffrench Protestants in the said City Scitu-
ate & being in the street Comonly known by the name of Petti-
coate Lane 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 Henry
LAWS OF THE COLONY OF NEW YORK,
527
Van ffeurden being in Length fforty Eight ffoot Nine Inches & in
Breadth in the 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 have set forth that their
Congregation is so much Encreased that the said Church is to
small to Conteine them and that they are not at present in a
Capacity to Divide themselves into two Congregations 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 Congregation 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 Pious use for ever. Be
it Enacted by his Excellency the Governour and Council and
Representatives 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 Lawful 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 deemed and adjudged good and
Effectual in the Law to all Intents Construccons and
purposes whatsoever, as if the same was made by
any Single person Natural born Subject of England qualli-
fied to sell A Lawful Estate of Inheritance in ffee simple and
as if the same had never been appropriated to the
worship of God by the said Congregation, 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
Custome 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 Consideration aris-
ing by the sale aforesaid of the said Ground and Church shall
be disposed of to any Secular or profane use whatsoever but 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 Congregation 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 they shall think fit to have 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 Congrega
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 Lawful 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
Congregation 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 Congregation 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 NEW YORK.
529
[CHAPTER 129.]
[Chapter 129, of Livingston & Smith and Van Schaack, where 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 to 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 Representatives of the City and County of
Albany in this Present Assembly by their Peticon have set
forth that it is Recommended to them 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 Gracious Soveraign Lady Anne by the Grace 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 Mainteining the Poor and preventing of Vagabonds.
Be it therefore Enacted by his Excellency the Governour and
Council and Representatives of this Province in Generall Assem-
bly met and Assembled and by Authority of the same 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 any 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 term 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
67
530
LAWS OF THE COLONY OF NEW YORK.
shall pay the Arrearages of the Representatives 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 Convenient 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 Treasurer of the City and'.
County of Albany or such other person or persons 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 receive 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 any 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 have 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 to all Intents Construccons And purposes So that this Act
be 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 of
LAWS 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
Same 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 Van 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. IV, p. 1123.]
AN ACT Declaring the Illegality of the
Proceedings agst Coll Nicholas Bayard &
Alderman John Hutchins for pretended High
Treason, and for Reversing and making null
and voyd the said Judgments and all 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
Sacred 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 Consideration 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 any Crime in those
matters objected against them or either of them and that her
Majestys Just Pleasure and Royall Inclination for the Reliefe
532
LAWS OF THE COLONY OF NEW YORK.
of her distressed subjects may take their speedy and due effect.
BEE it therefore Declar'd & Enacted by his 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 all and every matter and thing relateing thereunto are
Reversed annulled and made void and of no effect to all 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 prejudice of any person or per-
sons whatsoever, BEE it further Enacted by the authority afore-
said that all Judgements & sentences, records Process and Pro-
ceedings and all 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 thro'out this Colony.
[Passed, June 19, 1703.]
For the better Laying out ascertaining, Repairing and pre-
serving 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 remain
LAWS OF THE COLONY OF NEW YORK.
533
:
for ever the Publick Comon General Road and highway from the
said City of New York to the adjacent Collony 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 General 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 against 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 Enacted by the Authority aforesaid That
there shall be Comon Highways 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 Collony
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 Highways before mentioned and
to Such Convenient Landing places in each respective Town &
Village where their respective Scituacons will afford and require
it for the better & easier Transportacon 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 Enacted 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 already
laid out or now Comonly used as Such or that hereafter shall
.
534
LAWS OF THE COLONY OF NEW YORK.
be laid out assertained and appointed of the Diameter of four
Inches or above shall forfeit for each living Tree So cut 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 Virtue hereof hath and
shall have power and Authority to Examine hear and Determine
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 Comon 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 Obliged from time to time and at all times hereafter
well and Sufficiently to Clear amend and Repair as occasion
shall require all Such Roads and Highways as shall be laid out
and run by or through their or any of their Lands respectively
as aforesaid under pain of ffine and Imprisonment for every
Omission or neglect to be Prosecuted in the Courts aforesaid
by presentment or Indictment by Good and Lawful 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 all 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
Nicholaus Manning & Mr Jacob Peulion. For the City and
County of New York Mr William Anderson Mr Clement Elsworth
LAWS 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 Baltus Van Clifft Mr. Johannus Tarbus
& Mr Robert Livingston. For the City and County of Albany,
Col Kilian Van 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 Comr's shall
happen to dye or refuse to serve before the services by
them in this Act required to be done and performed be accom-
plished and perfected, the Deputys or Representatives for the
time being for the respective Citys and Countys where such Comr
or Comrs shall happen to dye or refuse to serve are hereby
required and Authorized to Nominate and appoint under their
hands and Seals 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 all Intents as if they had been Actu-
ally Nominated and appointed in and by this present Act.
And be it also Enacted by the Authority aforesaid, That the
said Commissrs or any two of them respectively for the respec-
tive Citys & Countys for which they are nominated Commis-
sioners w’ch said Commissrs and every of them shall remain Con-
tinue and be Commissrs to all Intents Construccons and pur-
poses in this Act menconed for the Space and Term of three
years from the Publicacon hereof shall take effectual 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 Comon 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 present Act.
And in regard the Duty and Services by this Act required of
the respective Commissrs cannot be done and performed but by
Some Considerable Labour Losse of time 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 Actually upon the Service and duty by
this Act required of them have and receive the Sum of Six shillings
by the day Currant money of this Collony towards Defraying the
necessary 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 and
536
LAWS OF THE COLONY OF NEW YORK.
respective Supervisors, Treasurers and other persons and officers
Authorized 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 same under the penalty of Ten pounds for each refusall
Neglect or omission to be recovered by any of the respective Com-
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 Gates in any of the Comon Highways for the severall
Towns and Villages within this Collony to their next Contigious
Towns and Villages and from one Town or Village to another as
also to the Severall Publick Comon 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 away 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 Lawful 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 that
LAWS OF THE COLONY OF NEW YORK.
537
this Act & every Clause therein be put in Execucon any Such
Dispute or any other Doubt or Controversy notwithstanding.
And be it further Enacted by the Authority aforesaid That
the Comrs hereinbefore by this Act appointed and Authorized
and hereafter to be appointed and Authorized as in this Act is
Directed for the Space and term 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 each 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 Goverment 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 all 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 Virtue 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 present used and
practised in ye Said Countys.
Provided also that in the Countys of Orange and Dutchesse
altho' the ways 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 Palls to Orange
County.
And be it further Enacted by the Authority aforesaid That
the Commiss'rs for every respective County shall return to the
Clerk of every County respectively a full & perfect Report and
discription of ye Manner & Extent of every Road they shall from
68
538
LAWS OF THE COLONY OF NEW YORK.
time to time lay out and the Clerk of every County is hereby
required to record all and every Such Return and Report as the
Respective Com'rs shall from time to time make to them pur-
suant 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 prevention
whereof, Be it Enacted by the Governour Council and Represen-
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 presume 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 presume 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 ffive 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 Supreme Court of Judicature
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. PROVIDED always that no Suite
or Action shall be brought or Comenced for any the forfeitures
J
LAWS 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 breach of this Act in any the
particulars therein named and become liable to any the fforfeit-
ures aforesaid That then and in Such Case 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 have Continuance for the
terme 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
Effectual 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 have 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
Experience has found and observed in the same Act. Be it there-
fore Enacted by the Governour and Council and Representatives
Conveen'd in General Assembly and by the Authority of the
Same. That be Elected and Chosen once every year, 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 have Liberty to
540
LAWS OF THE COLONY OF NEW YORK.
Joine his or their Vote with the next Adjacent Town in the
County where such Inhabitant shall dwell for Choice of a Super-
visor Except the Mannor of Renslaerwick who shall have liberty
to Choose a Supervisor for the same mannor. And also that 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 all Such Publick necessary &
Contingent Charges as they shall find their respective Countys
properly Chargeable w'th and all Such other Sum & Sums of
money as shall be brought, & Exhibited to or before them, that
have 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 ascertained &
appointed wch the said Supervisors or the Major part of them for
the Several Countys respectively are hereby Impowered and
required to Ascertain and appoint shall be transmitted under the
hands and Seals 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-
porcons being first Sworn Equally duely & Impartially to
make Such Assessment before any of the Justices of the
Peace for the Same County where such Assessors shall
reside (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
Impowered 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 Goods & Chattles of
the Defaulters by Warrant under the hand and Seal of the
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 in
LAWS OF THE COLONY OF NEW YORK.
541
the hands of the Treasurer of each respective County the sum
& sums of money by them respectively Collected according to
the Computacon of the Contingent Charges made and per-
fected as aforesaid And the said Treasurer shall receive and pay
all Such Sum & Sums of money Assessed Collected and paid in,
as aforesaid according to the said Computacon by warrant under
the hands and seales of the said Supervisors or the Major part
of them respectively, And the said Treasurers shall keep a dis-
tinct Book 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 Accounts 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 all Such Sum or Sums of money they shall
receive as aforesaid, w'ch Said Supervisors are by this
Act Impowered and Entituled 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 Collec-
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 have 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 Execute all 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 by 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 Effectual 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 have 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 depart 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 depart 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 nominate 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 all
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
[CHAPTER 134.]
[Chapter 134, of Livingston & Smith and Van 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.) Van
Schaack states that the act expired by the death of Mr. Vesey, July
10, 1746.]
An Act for the better Establishment of
the maintenance for the Minister of the
Citty of New York.
[Passed, June 19, 1703.]
WHEREAS the Inhabitants and ffreeholders in the City of
New York have heretofore made Divers Voluntary Contributions
and Subscriptions Amongst themselves, in order to the laying
the foundation of a Church and Steeple in the sd City, and have
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, Inducted and Established
in the City of New York a good Sufficient Protestant Minister,
to Officiate and have the Care of Souls; and that there Should
Annually be Assessed, Levyed, Collected 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 Vesey, the present
Rector or Incumbent thereof, w'ch being thought an insufficient
maintenance for the said Incumbent, by the Wardens & Vestry
of the said Church, has hitherto, for Some time, been Supplied
by an Addition out of the Voluntary 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 Vesey, have
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 Representatives in Generall Assembly mett and Conven'd,
and it is hereby Enacted by the authority of the Same; That in
544
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 by the above recited act of
General Assembly, there Shall Annually and Once in every year
(for and dureing the Natural Life of the said Mr. William Vesey,
present 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 of 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 Sumons the ffreemen and ffreeholders of the said City
together, on the Second Tuesday 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 Im-
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 present 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 have 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 Levy 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, all 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 Duty to Issue the said
Warrant, or fail in any of the premises, by him or them to be
LAWS OF THE COLONY OF NEW YORK.
545
done or performed, in pursuance and Execution of this act, he
or they respectively Shall fforfeit the Sum of Twenty pounds
Currant money aforesd. And if the said Constable, or any of
them, shall fail to doe their Duty Herein, they shall respectively
fforfeit five pounds Currant Money aforesaid. And the Church
Wardens, so Chosen, shall undertake the sd Office, and receive
and keep a Just and true Accot of the Moneys or Goods Levyed
by Virtue 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 all their receipts and Disbursements;
And in case they Shall neglect to do the same, they Shall respect-
ively forfeit five pounds Currant Money aforesaid for every
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 ffive pounds Cur-
rant Money aforesd for every refusal, 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 give 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 have 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.
69
546
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 135.]
[Chapter 135, of Livingston & Smith and Van 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 Detachments
and performing the Service required Accord-
ing to the purport of An Act of Generall
Assembly of this Collony made in the first
Year of her Matys Reign Entituled An Act
for the better Setling the Militia of this
Province & c
[Passed, June 19, 1703.]
WHEREAS by An Act of Generall Assembly of this Colony,
made in the first Year of her present 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 all 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 said Recited Act, Appoint or Detach, Such and So
many, of the respective Companys as shall be required for that
Service, by the Captain General or other 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 Service required of him, he or they 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 Comitted,
or offender shall be found, by Accon of Debt, Bill
Plaint, or Informacon, in which no Protection, Essoyn,
Imparlance or Wager of Law shall be allowed, w'ch forfeiture 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 Room of Such Offendor makeing Default of appearance as
LAWS 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 is to tedious & Dela-
tory to Effect the true end and Designe of the said 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 applicacon thereof requires.
For help and remedy of which Mischeife and Inconvenience. Be
it Enacted by his Excel the Governour & Council and Represen-
tatives of this Colony in General Assembly Convened, and by the
Authority of the Same. That from and after the publicacon of
this Act 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 any 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 persons 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 have and Carry before any three Jus-
tices of the Peace (one of which to be of the Quorum) of the County
Town or place where 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
Authorized 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 have 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 all
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 thereby
appointed is and are, in and by these presents fully Cleerely and
absolutely Repealed Annulled and made void, and So declared to
Stand and be, to all Intents and purposes whatsoever, as if the
548
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 appointment of the
said Act any thing in this present 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 present 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 Van Dam
Stephen De Lancy John Barberie Thomas Wenham and David
Jamison Gentl have 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 Representatives, the first day of this
present meeting or Sessions of Generall Assembly of this Colony,
The wch matters have 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 have been given, for Supply and Remedy whereof,
Be it Enacted and it is hereby Enacted by his Excellency, the
Governour and Council, & Representatives in General Assembly
Conveened and by the Authority of the Same That the Said Rip
LAWS OF THE COLONY OF NEW YORK.
549
Van Dam, Stephen De Lancey, John Barberie Thomas Wenham
and David Jamison and every of them are and shall be further
Constituted, Continued and appointed Comm'rs for takeing,
stateing, & Examining the Acco'ts in the said before Recited Act
menconed or Intended, with all 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
present 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 Contrary
thereof in any wise not wthstanding.
And for the better attaining accomplishing, and fulfilling the
end and designe of this and the before recited Act, according to
the true 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 have 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 Discretion 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 whom 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 all 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 may 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 Reside, 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-
rogatories, 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 act
only is printed. Printed in full in Brinley's Bradford, pp. 203, 236. Title
only is printed in Baskett, p. 71.]
by
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.]
Whereas the said passage called the narrows leading from
the main Sea into the bay or harbour of the City of New York if
the same were fortified and made defenceable would be a great
security not only to the said City but to great part of this and the
Neighbouring Colonies from the Insults of our enemies which
lying open hath some time since given Incouragment to Strangers
in a bold and warlike manner to enter our port and sound our
Channells to the Surprize and Terror of this City; ffor the pre-
vention of which & of greater dangers & Inconveniences w'ch
may happen in time to come and towards the assisting his Excel-
lency the Lord Cornbury her Majties Captain Generall and
Governour in Cheif in and over this Colony in erecting two Bat-
teries, and on each side of the narrows aforesaid for
the Defending and fortifying the same The General Assem-
bly pray that it may be Enacted and be it Enacted,
his Excellency the Governour with the Consent
of her Matys Council and General Assembly and by the Authority
of the Same; That all and every person and persons 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 Contribute and pay the
Severall sume and Sums of money hereafter in this Act set down
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 Sollicitor 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 Nine
pence besides what is hereinbefore Expressed. The Master or
LAWS OF THE COLONY OF NEW YORK.
551
Mistress of every Slave of the age 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
thing Soever (Grain of the Growth of the Colony only Excepted)
during the space and Term of one whole year from the Publica-
con of this Act. And be it further Enacted and Ordained by the
Authority Aforesaid, That for the better ordering, Levying, Col-
lecting and paying, the Sums of Money herein before menconed
and appointed, The Severall Collectors for the time being within
the Several Citys, Towns, Wards and Precincts within this
Colony, of the publick and necessary Charge, within the Space of
fforty Days after the Publicacon hereof, shall take & make an
Exact, true And perfect List and Roll of all Such Free-men, and
also of all Such Slaves as at the Publicacon hereof shall be
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 Limitted 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 exe-
cute the office of Collector 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 Reside, it shall & may be Law-
full to and for Such Collector, for non-payment thereof, to Dis-
trein the person or persons so refusing 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 payment 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, shall
!
552
LAWS OF THE COLONY OF NEW YORK.
within two dayes after Demand made by any Collector of that
place or precinct wherein such Householder being Master or
Mistress shall Dwell, Deliver to the said Collector a true and
perfect List of all Persons who are ffreemen above the Age of
Sixteen Yeares, that shall be Inhabiting or residing in their
Respective ffamilys, as also of all 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 one of her Ma'tys Justices of the Peace (who
are hereby Impowered and Authorized to hear, Examine and
Determine the same) he or she shall forfeit the 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 all Distilled Liquors, as aforesaid, Be
it Enacted by the Authority aforesaid, That all 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 all strong Liquors Distilled or made fit for
sale in that week respectively, and pay and Cleare 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, Concerning the Age of any person
or persons, ffreemen or Slave, the same shall be Ascertained &
Decided by the next Justice of the Peace where such person or
persons shall Dwell or reside, who is hereby Authorized to Deter-
mine the same, and whose award therein is hereby Enacted to be
valid in that behalf.
And whereas the abuse & misapplicacon of the publick moneys
from time 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 the
LAWS 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 Collectors and Receivers of the same, shall
keep a distinct and seperate account of their Receipts and pay-
ments of the said moneyes from all other moneyes whatsoever,
and the same Exhibit to the General Assembly for the time
being, when thereunto 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 have 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 Lawful 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 reside,
(who by vertue of this Act are required and Impowered to do the
Same,) to Comit Such Collectors So denying, 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
Credit of this Act, for the ends and purposes therein menconed,
and shall pay 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 have
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 Immediate pay.
Provided also, That if any of the Distilled Liquors, Chargeable
in this Act, and which shall have paid the Duties aforesaid, shall
70
554
LAWS OF THE COLONY OF NEW YORK.
at any time before the end and expiration of this act, be Exported
out of this Colony, the person or persons so Exporting the Same,
shall receive from the said Commissioners for managing the office
of Collector and Receiver Generall of this province, or the
Collector and Receiver General of this province for the time
being, the Sum of One Penny half penny p Gallon for each
Gallon so Exported, upon Proof made upon Oath that the said
Distilled Liquors are the Same wch have paid the Duty aforesaid,
and that such Liquors have 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.]
[Chapter 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
have one Equal and Just Weight and Ballance, one true & per-
fect Standard and Assize. of Measure among them, for want
whereof, Experience 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 better than oppression, ffor Remedy
of which Evil, Be it Enacted, And it is hereby Enacted by his
Excellency the Governour, by and with the Advice and Consent of
her Mt'tys Council & Representatives 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 Vessell but of good and well Seasoned
Timber and of the respective Dimensions following (that is to Say)
Every Hogshead to be forty Inches long thirty three Inches in
the Bulge, and Twenty 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 thirty
LAWS 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. Every Quarter Barrel to be twenty Inches Long, Sixteen
Inches in the Bulge, and thirteen Inches in the head. All 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 all 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 Vessels in whose hands the said Offence shall first happen to
be known or discovered.
And for the prevention 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, all 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 all 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 all Counties and Cityes
within this Colony for the Sealing & marking all Beams, Weights,
measures and yards to be used within the respective Counties
556
LAWS OF THE COLONY OF NEW YORK.
& Cities aforesaid, with the Letter A, according to the Standard
of her 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 all proper
places within this Colony aforesaid, the which respective per-
sons when Nominated and appointed shall take for their pains
in Sealing & marking all 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 all Such Rights privileges & 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 by 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 all 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 Limitted 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 Twenty shillings to be paid by the
person or persons, useing the Same, or any of them.
PROVIDED alwayes that all 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'tys Courts of
Record within this Colony or else to be recovered to the uses
·
1
LAWS OF THE COLONY OF NEW YORK.
557
-
aforesaid upon Conviction of the offendor by the Oath of one
Sufficient Witness before any Justice of Peace, Mayor, or other
head Officer of the City, County, Towne or place Respectively
where the Offence against or Breach of this Act shall be
Comitted (who by vertue of this Act shall have power to
Administer An Oath in that behalf) by Way of Distress and
Sale of the Offendors goods and Chattles, the over-plus, if any
be, after Charges of the Distress Deducted, to be returned to the
owner thereof, and where no Distress can be had, That it shall
& may be Lawful to & for any Justice of Peace, Mayor, or head
Officer aforesaid, to Comit the said Offendor or Offendors to
Prison or Goal, there to remain without Bail or Mainprize untill
he or they shall pay the penaltyes & forfeitures aforesaid, for
w'ch they shall be so Committed, to the uses aforesaid.
Provided also, That no Prosecucon shall be for any of ye for-
feitures aforesaid but w'thin three Months after ye Respective
facts or offences Committed, any thing herein to ye Contrary
hereof notwithstanding.
[CHAPTER 139.]
[Chapter 139, of Livingston & Smith and Van 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,
(See chapter 143.)]
An Act to Oblige persons to pay their
Arrears of One thousand Pounds Tax Granted
by Act of General Assembly of this Province,
in the Twelfth year of the Reign of our
late Soveraign King William the third for
building a Fort at Onondaga for the Security
of the five Nations of Indians.
[Passed, June 19, 1703.]
WHEREAS in and by one Act of General Assembly of this
Province made in the Twelfth year of our late Soveraign Lord
King William the third for ever blessed Memory Intituled An
Act for Repealing An Act of Assembly entitled An Act for the
better Securing the five Nations of Indians in their fidelity to his
Ma'ty and for granting to his Ma'ty the Sum of One thousand
pounds for building a Fort for the security of the five Nations
of Indians, Certaine Rates and Duties then Chargeable on Divers
goods, Wares, and Merchandizes, as well, Imported into, as
Exported out of this Province, over & above all other Duties,
Charges, Impositions, Rates & Customs, by any former Act and
'Acts, Set and Imposed, for the raiseing the One thousand pounds
aforesaid were taken off & Discharged as being then thought
558
LAWS OF THE COLONY OF NEW YORK.
Inconvenient to the trade of this Province and lessening of his
Ma'tys other Revenue therein. And a further Sum of One thousand
pounds Currant moneys of this Colony more than what had been
then raised & Collected from ye Rates and Duties aforesaid was
laid and Imposed upon all & every the Freeholders, Inhabitants,
Residents, and Sojourners of & in this Province for the building
ffinishing & compleating the ffort aforesaid then designed to be
built att Onondaga for the Security of the five Nations of Indians
aforesaid. And whereas, the said before recited Act of Generall
Assembly aforesaid, for the Raising the last menconed Sum of
One thousand pounds for the building the said Fort at Onondages
aforesaid hath not been so Effectually put in Execucon, nor the
moneys to be raised thereby So well & Carefully Collected as the
Same ought to have been Some places & persons having paid
their wholl proporcon thereof, others none at all, whereby Great
Arrears of the said one thousand pounds Tax are still standing
out & uncollected for the Speedy and Certain Gathering & Col-
lecting whereof; that none may have reason to Complain of hard-
ships, Inequallity or Partiallity therein. Bee it Enacted, And it
is hereby Enacted accordingly By his Excel the Gov'r by and
with the Consent of her Ma'tys Council & Generall Assembly of
this Colony & by the Authority of the same. That within the
time & Space of two months after ye publicacon of this Act the
respective Mayors, Recorders, & Aldermen of the respective
Cityes and the respective Justices of the Peace for each respect-
ive County within this Colony, or such & so many of them
respectively as shall not be let or hindred therein by some other
Exterordinary business & Occasion, shall meet together at some
Convenient place or places, by them to be respectively agreed on,
within their respective Cities & Countys aforesaid, & there from
time to time as they shall find it requisite and necessary, to Review
& Examine, all the Books & Rolls of the said One thousand
pounds Tax last appointed to be raised for ye building a ffort at
Onondaga aforesaid, and the Severall Rates & Assessments
thereof, according to the Severall and respective Quotas thereof,
of each respective City, County, Towne and place in the said
before recited Act of Generall Assembly of this Colony men-
coned in order to See and find out what Sum & Sums of money
were and have been Charged upon particular persons & Estates
within this Colony by Vertue and Authority of the said Act, &
who have paid their respective Rates and Proportions of the
said Tax, & who have not paid the Same. For the better
Effecting and finding out whereof the Severall & respective
Mayors, Recorders, and Aldermen, and the Severall &
respective Justices of the Peace aforesaid
any two
P
or
LAWS OF THE COLONY OF NEW YORK.
559
of them, within their respective Jurisdiccons aforesaid are
hereby Impowered by Warrants under their hands and Seals to
send for and Command to be laid before them all books of Assess-
ment, Tax, Rolls, Rates, and Assessments, whatsoever (and in
whose hands Custody or keeping whatsoever the same now are
or shall be.) relating to or in any manner or wise Concerning the
said last menconed Sum of one thousand pounds appointed for
the building of the said ffort at Onondages aforesaid, And also to
Send for & Command before them respectively by Warrant as
aforesaid, all & every the Collector & Collectors of the said Tax
or any part or parts thereof w'ch shall be now liveing, or any
other person or persons by their Discretions that can give Infor-
mations or make discovery in the premises whereby the said
Mayors, Recorders, and Aldermen and the said Justices of the
Peace within their respective Cities, Counties and Jurisdictions
aforesaid, may be enabled to make true and perfect Books, Rolls,
or Lists of Accots separate from one another, of what moneys
have been paid & received, & what are still standing out & in
Arrears of the said Tax, the which Books, Rolls, or Lists, the said
Respective Mayors, Recorders, and Aldermen & the respective
Justices of the Peace aforesaid are hereby required to make &
perfect on or before the last day of October now next following,
& in one of the Books, Rolls or Lists of accot aforesaid to Set
down Distinctly, the Christian & Sirname of every person that
shall be found to have paid their Rates and proporcons of the
Tax aforesaid, how much their said Rates & porportions were, in
what Division or District such persons Respectively lived at the
time of their payment thereof, and to what Collector they paid
the same, with the time when the Same was paid as near as may
be. And in the other of the said Books, Rolls or Lists of Accot
to Incert likewise the Christian & Sirname of every person and
persons Chargeable with the said Tax, that shall not be found to
have paid their Rates & proportions of the said Tax, but are Still
in Arrears thereof & Indebted for ye Same, what and how much
money each particular person is in Arrears and stands Indebted
as aforesaid, in what Division or District the said Arrears are
due and payable whether ye person or persons oweing the Same
are liveing or Dead if liveing the place and places of their respec-
tive aboads. The which Books, Rolls, or Lists of Accompt being
made in parts as aforesaid the said respective Mayors, Recorders,
& Aldermen, & Respective Justices of the Peace aforesaid respec-
tively within one month after making and perfecting thereof,
shall Cause Exact and true Duplicates of each part of the said
Books, Rolls, or Lists of Accot aforesaid, to be fairely writ &
Transcribed and send the Same to the respective Town Clerks,
560
LAWS OF THE COLONY OF NEW YORK.
of each respective City, and the respective Clerks of the Peace
of each respective County aforesaid, and also to the Commrs for
executing the office of Collector and Receiver General of this
Colony or to the Collector & Receiver General for the time being
by them to be respectively kept, filed or Entred on Record. And
be it further Enacted by the Authority aforesaid that the said
Town Clerks and Clerks of the Peace aforesaid, within one month
after the said Duplicates shall be in their hands, shall respec-
tively make out other Books or Rolls for the said Citys or
Countys aforesaid, and for the Severall Wards and Precincts.
within the said Citys and the Severall Towns, places, Divisions
and Districts within the said Countys, of all Such Arrears of the
last one thousand pounds Tax aforesaid as shall be found to be
behind and unpaid in any the Citys, Countys, Towns, or places
aforesaid, with the Christian & Surnames of every person &
persons oweing the Same & Set the particular Sum & Sums
due by each respective person in a right Line with the
name of the said person, fit for the Collector & Collectors
of every the respective wards Precincts, Towns, Divisions Dis-
tricts, and places within the respective Citys and Countys afore-
said to Collect & Gather the Same by, The wch Books & Rolls
So to be made out by the respective Town Clerks, & Clerks of
the Peace aforesaid, when made out and prepared shall be
viewed and Examined by the Respective Mayors, Recorders and
Aldermen of the said Citys, and by the respective Justices of the
Peace for the said Counties respectively, and if the same be
approved, then the said Books and Rolls So made out and pre-
pared by the said Town Clerks and Clerks of the Peace aforesaid,
shall be signed by the respective Mayors, Recorders, Aldermen
and Justices of the Peace of each respective City, County, Town
and place aforesaid or any two of them respectively, under their
proper hands and by Warrant under the hands and Seals of the
said respective Mayors Recorders, Aldermen and Justices of the
peace So Signing the Same, or any others within the respective
Citys and Countys aforesaid shall be sent to the Comm'rs for
Mannageing the office of Collector and Receiver Generall of this
Colony, or to the Collector and Receiver General of this Colony
for the time being, as also to, all and every the Collector and
Collectors lately Chosen Elected or appointed to gather & Col-
lect the said One thousand pounds Tax or in Case of Death or
removal of such Collector or Collectors from their Respective
Precincts or Districts, or to all and every the Collector & Col-
lectors for the time being of each respective City, ward, Precinct,
County, Town, Mannor, Division, District and place as well Privi-
ledged or not, within the Colony aforesaid, the which Collector &
LAWS OF THE COLONY OF NEW YORK.
561
Collectors Severally and respectively are hereby Authorized &
required to Collect and receive the respective Arrears of the
said One thousand pounds Tax aforesaid so to be sent them
as aforesaid, and to pay the Same to the Comm'rs for Executing
the Office of Collector and Receiver General of this Colony or to
the Collector or Receiver General thereof for the time being at
Newyork aforesaid on or before the first day of March next.
And whereas, Since the makeing of the said recited Act of
Assembly, it hath not been thought Convenient to Erect the said
Fort at Onondaga & his Excellency the Gove'rn haveing made
Some progress in the Erecting & building a Fort or Fortifica.con
at the City of Albany the former Fortifications being wholly out
of Repair and useless. Therefore for the better Enabling his said
Excellency to Carry on the said ffortificacons. Be it Enacted
by his Excellency the Governour by and with the Consent of her
Ma'tys Council & General Assembly. And it is hereby Enacted
by the Authority of the Same That the Arrears of the said Sum
of One thousand pounds appointed to be raised for the building
the said ffort at Onondaga as also what hath been Already raised
for that purpose by Virtue of the Act aforesaid shall be applyed
and used towards the carrying on the said ffortificacons at the
said City of Albany the said Recited Act or any thing therein
Conteined to the Contrary thereof in any wise notwithstanding.
And be it further Enacted by the Authority aforesaid, That
the Justices of the Peace, Assessors, and Collectors for the time
being of all and every the respective Citys, Counties, Towns,
Mannors, Liberties, and Jurisdiccons within this Colony are
hereby required Impowered and Authorized to do perform and
Execute all Such matters and things as are hereinbefore men-
coned to be done performed and Executed by him or them
Respectively for the Collecting, Receiving, and paying the Arrears
of the said Sum of one thousand pounds appointed to be raised
in and by the said Recited Act, according to such manner, Rule
and Direction as is herein before menconed and Expressed and
under such pains and penaltys as are Conteined, Injoined, and
Directed in and by One Act of General Assembly made in the
first year of the Reign of her present Ma'ty Entituled 'An Act
for granting unto her Ma'ty the Sum of two thousand pounds
to be applyed (with her Ma'tys good pleasure) to the uses in that
'Act menconed, in as full & ample manner for the due Execucon
of this Act, as if the Same were particularly & at Large Recited
& set down in the Body of this Act, any thing Conteined therein
to the Contrary thereof in any wise notwithstanding.
71
562
LAWS OF THE COLONY OF NEW YORK.
1
THE NINTH ASSEMBLY.
Third Session.
(Begun Oct. 14, 1703, 2 Anne, Edward, Lord Cornbury, Gover-
nor.
[CHAPTER 140.]
[Chapter 140, of Livingston & Smith and Van Schaack, where the title
only is printed. The act is not printed in any edition of Bradford or in
Baskett.]
An Act for Levying and Collecting the
Sum of Thirteen hundred pounds for main-
taining one hundred ffuzileers with their
proper officers and Thirty men with their
proper officers to be Imployed as Scouts for
the Defence of the Fronteers.
[Passed, October 23, 1703.]
That his Excellency may be the better Enabled to Secure the
Fronteers the Winter Ensueing.
Be it Enacted by his Excel the Gov'r by and with the Consent
and Advice of her Ma'tys Council and General Assembly and by
the authority of the Same, That the Sum of Thirteen hundred
pounds Currant Money of New York be Laid, Assessed, raised
& Levyed upon all and every the Inhabitants, Residents, Sojour-
ners and ffree-holders of and in this Colony, for the raising, pay-
ing, maintaining Transporting, Quartering, Returning to their
respective Habitacons, and other Incidentall Charges of One hun-
dred ffuzileers, with their proper Officers, for one hundred and
fifty days, and Thirty Men, with their proper Officers to be
Imployed as Scouts Sixty two days: The ffuzileers to be posted
on the fronteers at or near Albany, from the first day of Novem-
ber next ensuing, untill the last day of March next following,
and no Longer; and the Scouts to be raised and Posted at such
Place or Places as his Excellency shall Seem meet; which said
Sum of Thirteen hundred pounds, as aforesaid, shall be raised
and paid according to the severall Respective Quotas & propor-
cons hereafter menconed unto her Ma'tys Receiver General of
this Province, for the time being, at the City of New York, at or
before the Twenty fifth day of March next ensuing, according to
the Rates and proporcons following, that is to say, For the City
and County of New York two hundred Eighty three pounds and
six shillings. For Kings County, One hundred Eighty Seven
pounds and tenn shillings. For Queens County, two hundred
Eighteen pounds and Nineteen shillings. For the County of
LAWS OF THE COLONY OF NEW YORK.
563
Suffolk Two hundred Eighteen pounds and Nineteen shillings.
For the County of Richmond, Sixty one pounds and Twelve shill-
ings. For the County of West Chester Ninety one pounds and
foureteen shillings. For the City and County of Albany Ninety
pounds and Six shillings. For the County of Ulster One hun-
dred and four pounds and thirteen shillings. For the County of
Orange Thirty pounds and fifteen shillings. For Dutchess
County, Twelve pounds and Six shillings. And be it further
Enacted by the Authority aforesaid, That for the better Asses-
sing, Raising and Collecting the Sum of Thirteen hundred
pounds, aforesaid, the Mayor and Aldermen of the Cityes of New-
york and Albany, the Justices of the Peace, the Assessors and
Collectors, for ye time being of all and every the respective
Cities, Counties, Towns, Mannors or Liberties within this Colony,
are hereby required, Impowered and authorized to summons,
Assess, Collect and pay the Severall Sums of Money herein before
menconed, according to the proporcons before Expressed, in
such ways and meanes, and according to Such Manner, Rule and
Direcon, and under such pains and penalties, as is Contained,
Injoyed, menconed and Expressed in an Act of General Assembly
Entituled, An Act for the Levying and Collecting the Sum of
Eighteen hundred pounds, for ye raising, paying & maintaining
one hundred and ffifty ffuzileers, with their proper Officers, for
five Months, and thirty men, with their proper officers, to be
Imployed as Scouts Sixty two days, for ye Defence of the fron-
teers, made in the first year of her Ma'tys Reign; and all and
every the Articles, Clause Rule, pains And Penalties menconed
in the aforesaid Act, shall be, abide and remain in full force and
Effect to all Intents Construccons and purposes, in as full, and
ample a manner for the Due Execucon of this Act, untill the said
Sum of Thirteen hundred pounds be duly, fully and Compleately
Assessed, Collected, and paid, as hereinbefore 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 herein to the Contrary hereof in any wise notwith-
standing.
And be it further Enacted by the Authority aforesaid, That
the Severall and respective Cities, Townships, Mannors, peculiar
Jurisdictions and Precincts within this Colony, Shall Assess, Levy,
pay and Sattisfy to their Collectors respectively the Sum of nine
pence for each pound, by Such Collector, to be Collected and
paid in, in manner before Exprest over and above the Severall
Sums hereinbefore menconed, to be raised, Levyed and paid in
for the Service and uses before in this Act set forth and
Assigned.
:
564
LAWS OF THE COLONY OF NEW YORK.
And be it further Enacted by the Authority aforesaid, That
any person or persons whatsoever, who shall advance any Sum
or Sums of Money, not Exceeding the Sum of Five hundred pounds,
upon the Credit of this Act, for the ends & purposes herein-
before menconed for the time and Space of Six months, & Shall
pay the Same unto the Receiver General, for the time being, shall
receive back the same, with allowance after the Rate of Tenn
pounds, p'r Cent p'r Annum.
Provided alwayes, That no Mayor, Alderman or Justice of ye
Peace Shall be troubled, sued, prosecuted, or molested for any
Omission, Offence or Neglect by Virtue of this Act, but within ye
space of one year after such Omission Offence or Neglect & not
at any time there after, any thing herein Contained to the con-
trary thereof in any wise notwithstanding.
[CHAPTER 141.]
[Chapter 141, of Livingston & Smith and Van Schaack, where the act
is printed in full. Printed in full in Brinley's Bradford, pp. 229, 262.
Title only is printed in Baskett, p. 75. Confirmed by the Queen, May 20,
1708. (See Fowler's Bradford, p. CXXXIX.) See chapters 134, 146.]
AN ACT Granting Sundry Priviledges
and Powers to the Rector and Inhabitants
of the City of Newyork of the Communion
of the Church of England as by Law Estab-
lished
[Passed, June 27, 1704.]
WHEREAS the Inhabitants of the City of Newyork of the
Communion of the Church of England as by Law Established for
some Yeares past by Voluntary Contribucon of themselves &
others favouring the Churches Interest have Erected a Church
within the said City for the Service and Worship of Almighty
God, called & Known by the name of Trinity Church & have
purchased & procured & do quietly and peaceable
hold use Exercise and enjoy the said Church with the Cemitry
or Burying place and a certaine Tract of Land belonging there-
unto Bounded Easterly upon the Street Commonly called the
Broadway Conteining in breadth on the West side of said Street
three hundred and Ten foot or thereabout, from the NorthEast
Corner of the Ground Comonly called the Queens Garden to the
Land of John Hutchins Esqr thence by a Straight Line along the
North side of the said Burying place Continued to low water
Marke of Hudsons River; thence by a Line Southward along the
said River, Three hundred Ninety & five foot all English Measure;
& from thence by the Line of the said Garden, Easterly to the
place where it begun. Together with Sundry Powers, Rights,
LAWS OF THE COLONY OF NEW YORK.
565
Priviledges, & Preheminencies necessary for the mannaging the
affairs of the said Church wch by the blessing of God has been
attended with great Success & the Congregation thereof being
much encreased, calls for Suitable Encouragement. To the end
therefore that Such Religious worke may be founded upon some
lasting foundation, grow up & become fruitfull to the Praise &
Glory of God, the Good Example of others & the benefit of their
Posterity and Successors. Be it Enacted by his Excel-
lency Edward Viscount Cornbury Captain General & Govr in
Chief of ye Colony of New York by & with the Consent of her
Ma'tys Council & this General Assembly & by Authority of the
same that from hence forward forever hereafter ye Rector &
Inhabitants of ye said City of New York in Communion of the
Church of England as by Law Established & their Successors
be and shall be able and Capable in the Law for the mainte-
nance & recovery of their Estates, rights & Priviledges whatso-
ever, to Sue & be Sued, Plead & be Impleaded, to Answer and be
Answered unto, Defend and be Defended by the said Name of
the Rector and Inhabitants of the City of New York in Com-
munion of the Church of England as by Law Established, in all
Suits Quarrells, Controversies, Causes, Actions, matters & things
whatsoever, in any Court or Courts of Comon Law, or Equity
whatsoever. And that by the same name they & their
Successours doe & shall Lawfully have, hold, use, Exercise &
enjoy all & Singuler their said Church, Burying Place & Land
thereunto belonging with the Hereditaments & Appurtenances
heretofore by them & their Predecessours by whatsoever name
or names the Same were purchased and had, or to them given
and Granted, and by them or any of them used and Enjoyed, for
the uses aforesaid, to them and their Successours to the Sole and
onely proper use, and benefit of the said Rector and Inhabitants
and their Successours forever, in as firm and Ample manner in
the Law, as if the said Rector & Inhabitants had been Legally
Incorporated and made Capable in the Law to take Receive,
Purchase have hold use and Enjoy the same at & before the Pur-
chasing Taking Receiving and holding of the said Church, Ceme-
try and Land thereunto belonging and Lawfully had, held and
Enjoyed the same, any Law, usage, or Custome to the Contrary
thereof in any wise notwithstanding. And be it further
Enacted by the Authority aforesaid, That the said Rec-
tor and Inhabitants & their Successours by the same name
from henceforward for ever have & shall have full, power,
good, right & Lawfull Authority, to have take, Receive, acquire
and Purchase & use & Enjoy Lands, Tenements & Hereditaments,
Goods & Chattles, and to Demise Lease and Improve the said
566
LAWS OF THE COLONY OF NEW YORK.
Lands Tenements & Hereditaments & to use & Improve Such
Goods & Chattles to the benefit of the said Church & other Pious
uses not Exceeding five hundred Pounds Yearly Rent or Income,
any Law, usage or Custome to the Contrary hereof in any wayes
notwithstanding. And it shall and may be Lawfull for the said
Rector & Inhabitants & their Successors to finish & Adorn the
said Church, Alter, Enlarge and Amend the same or any part,
as also to Erect & Build a Convient Dwelling House, Garden and
Appurtenances for the use of their Rector for the time being, a
Vestrey Roome, Charnell House; and other necessarys of the
said Church & to Enclose Support and Maintein the same from
time to time as there shall be need thereof. And be it further
Enacted by the Authority aforesaid that the said Church &
premisses be from henceforward for ever Set apart and Sep-
erated for the Religious uses aforesaid. And that the Patronage
& Advowson of the said Church and Right of Presentation
After the Death of the Present Rector, or upon next Avoidance.
and for ever there after shall belong & appertain to the Church
Wardens and Vestry men of the said Church, Annually Elected,
or to be Elected by the Inhabitants aforesaid in Communion as
aforesaid, in manner hereafter menconed and Exprest or to the
Major part of the said Church Wardens & Vestry men for the
time being, whereof one Church Warden alwayes to be one,
which Rectors shall be Instituted and Induced into the said
Church in Such manner & ways as shall be most Suitable &
agreeable to her Ma'tys Instructions to his Excellency the Gov-
ernr of this Colony for the time being, & that Canonicall Right
& Authority which the Right Reverend ffather in God Henry
Lord Bishop of London & his Successors hath & shall have over
the said Church. And be it further Enacted by the Authority
aforesaid That the Succeeding Rector or Incumbent of the said
Church next after the Death or other avoidance of Mr. William
Vesey present Rector & his Successors for ever, be and shall be
Instituted, Authorized & Impowered, to have & receive and shall
have & receive the Sum of one hundred pounds Yearly, Raised
and Levyed upon the Inhabitants of the said City for the main-
tainance of a good Sufficient Prostestant Minister in ye City
aforesaid by Virtue of An Act of General Assembly of this
Colony made & Enacted in the fifth Year of the Reign of King
William & Queen Mary Entituled, An Act for Setling a Ministry
& raising a Maintainance for them in the City of New York
County of Richmond, West Chester, & Queens County any Law
usage, or Custome to the Contrary thereof in any ways notwth-
standing.
LAWS OF THE COLONY OF NEW YORK.
567
And be it further Enacted by the Authority aforesaid, That
it shall and may be Lawfull for the said Rector & Inhabitants
in Comunion as aforesaid, & their Successors for ever hereafter,
to have & use a Comon Seal & the Same to Alter, break, & new
make at their Discretion. And be it further Enacted by the
Authority aforesaid, That it shall & may be Lawfull for ye Inhabi-·
tants aforesaid to Assemble & meet together on Tuesday in
Easterweek Annually at ye said Church to Chuse two Church
Wardens and Twenty Vestrymen Communicants of the said
Church to Serve and Officiate for ye next ensueing Year by the
Majority of the Voices of the said Communicants so met & not
otherwise, which said Churchwardens so chosen and hereafter
to be Chosen Annually have & shall have like Power & Author-
ity to do Execute & perform their said Offices respec-
tively as Church Wardens and Vestry men in England have
unless some particular Difference may happen by the
Express power & Direction of this present Act of
General Assembly. And it shall & may be Lawfull
for the said Church Wardens or one of them at any time or times
& so often as it shalbe needfull to call a meeting of the Vestry-
men of ye said Church to meet the Rector for the time being
if any there be and Church Wardens or one of them, which said
Rector Church Wardens or one of them & Majority of the Vestrey-
men for the time being have and shall have power to make such
rules & orders for the Mannaging the affairs of the said Church,
as they or ye said Rector & one Church Warden with ye Majr
number of Vestrymen so from time to time met & Assembled
shall agree upon, which said Majority of Vestrymen together
with ye Rector & one Church Warden at least, shall have ye sole
Disposition and ordering of all payments of ye Churches moneys,
all which rules orders and payments shall be fairly entred and
kept in Books for that purpose: Provided nevertheless in Case
of the Death of the said Rector and before the said Church be
supplyed with another, that the same Powers & Authoritys, relat-
ing to the makeing of Rules and Orders, as also the Disposition
and payment of the Churches money, be fully Invested in the
Church Wardens for the time being, by & with the Advice &
Consent of a Majr Number of the wholl Vestrymen, and not
otherwise, to be entred & kept in manner aforesaid any thing
herein Conteined to the Contrary thereof in any ways notwith-
standing. And it shall and may be Lawful for the said Church
Wardens & Vestrymen or Major part of them whereof one Church
Warden always to be one without their Rector to Establish &
regulate all ffees & perquisites of their Rector Clark, Sexton and
other officers of said Church, provided none of ye ffees or perquis
568
LAWS OF THE COLONY OF NEW YORK.
ites shall Exceed the ffees & perquisites usually taken in Eng-
land by such Officers respectively with regard to the Difference
of the value of money in this Colony as also for the said Church
Wardens and Vestreymen or major part of them with their said
Rector, to regulate and order the perquisites of the Church, grow-
ing and coming by the breaking of the Ground in the Cemitry
or Church Yard & in the Church for burying of the Dead Pro-
vided the Perquisites for breaking the Ground in the Cemitry
or Church Yard shall not Exceed the Perquisites Reserved &
menconed in the Grant thereof made by the Mayor Aldermen &
Comonality of the City of New York for the use of Trinity Church
aforesaid. And in Case the Church Wardens & Vestreymen or
any of them happen to dye within the year, it shall be Lawfull
for the Inhabitants aforesaid in Communion as aforesaid, at any
time upon such Emergency to meet at the said Church upon
Notice given by the Rector to Elect & Choose others so Qualified
as aforesaid in their Roome who shall have full power and
Authority to doe Execute & performe the offices of Such as they
shall be So Chosen to Succeed respectively, untill the time of
next Annuall Election. And upon the Alteration of any Church
Warden by Death or otherwise the preceding Church Warden
or Wardens of the said Church, shall Deliver over to their Suc-
cessors in that Office, all Deeds, Charters, Evidences, Books, mat-
ters & things whatsoever belonging to the said Church in their
Custody by Indentures Containing An Inventory of them Inter-
changeably under their hands, which Indentures shall be Exhib-
ited and shewn to the Vestreymen at first meeting next after
such Annuall Election or other Alteracon happening.
And be it further Enacted by the Authority aforesaid that it
shall & may be Lawfull for the Rector for the time being of the
said Church upon avoidance of such Officers to nominate and
appoint a Clark Sexton or Sextons for the said Church & that
the Clark Sexton or Sextons of the said Church be & Continue
in their respective Offices dureing their Naturall Lives, unless
they Voluntary Surrender, become uncapable of Serving by Sick-
ness or other Infirmity, or misbehave themselves, in which Case
it shall be in the power of the Rector of the said Church for the
time being with Advice & Consent of the Church Wardens or
one of them & Vestreymen or Major part of them to displace or
remove such Officer or Officers so misbehaving themselves & not
otherwise And Lastly be it Enacted by the Authority aforesaid,
that this present Act and the Severall powers, priviledges &
Libertyes therein & thereby granted to the Rector & Inhabitants
aforesaid in Communion as aforesaid & their Successors for ever
be & shall be Construed & understood most favourably for ye
LAWS OF THE COLONY OF NEW YORK.
569
benefit of said Church according to the true Intent & meaning
of his Excellency the Governor & Council & Assembly aforesaid.
Provided nevertheless that this present Act of Generall Assem-
bly nor anything therein Conteined shall be Construed or under-
stood to Extend, to abridge or take away the Indulgency or
Liberty of Conscience granted & Allowed to other Protestant
Christians. By An Act of Parliament made in the first year of
the Reign of the late King William & Queen Mary of blessed
memory, Entituled An Act for Exempting their Maties Protest-
ant Subjects Dissenting from the Church of England from the
penalty of Certaine Laws or by any other Law or Statute of the
Realme of England or this Plantation any thing in this present
Act Conteined or misconstrued to the Contrary thereof in any
ways notwithstanding.
THE NINTH ASSEMBLY.
Fourth Session.
(Begun Apr. 13,1704, 3 Anne, Edward, Lord Cornbury, Gover-
nor.)
[CHAPTER 142.]
[Chapter 142, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, pp. 235, 268. Title
only is printed in Baskett, p. 75. This act and the several other acts of
1704, are stated, in Baskett, to have been passed in 1705.]
An Act to charge the Severall Citys &
Countys of this Colony with One hundred
Forty three pounds Ten shillings & Ten
Pence, for fitting & Furnishing a Roome
for the General Assembly with a Lobby in
the City Hall of New York.
[Passed, June 27, 1704.]
For the appointing fitting up & ffurnishing a Roome for the
Sitting of the General Assembly & a Lobby to the Same in the
Eastern part of the City Hall of the City of New York, & make-
ing the same Convenient for that purpose. The persons Elected
by the Free-holders of the respective Countys and places in this
Colony to serve in Generall Assembly are humble Suiters to your
Excellency, that it may be Enacted. And be it Enacted by the
Governr Council & Assembly & by the Authority of the same,
That the Chamber or Roome in the said City Hall on the same,
fflower, & to the South East of that part of the Hall where the
Mayors Court is usually holden & kept, shall be & is hereby set
72
570
LAWS OF THE COLONY OF NEW YORK.
a part appropriated and appointed for the place Roome or Cham-
ber for the Sessions of the General Assembly for ever hereafter,
when the Same Assembly shall be summoned called & held in
the same City of Newyork and the Roome on the same Flower
to the North East thereof to be a Lobby to the same. And that
for the fitting & furnishing the said Two Roomes for the use &
Service aforesaid and nototherwise, the Sum of One hundred
fforty three pounds, ten shillings & ten pence, be paid by the
ffreeholders & Inhabitants in this Colony according to the Sev-
erall & respective Quota's & proporcons hereafter menconed unto
Jremiah Tothill one of the Aldermen for the said City of New-
york, at or before the Last day of October next ensueing accord-
ing to the Rates & proporcons following (that is to say)
For the City & County of Newyork Thirty one pounds, five
shillings & Eight pence.
For the City & County of Albany, Nine pounds Nineteen shill-
ings & five pence.
For Kings County, Twenty pounds, fourteen Shillings & one
peny.
For Queens County, Twenty four pounds, three shillings &
Six pence.
For the County of Suffolk, Twenty four pounds, three shillings
and Six pence.
For the County of Richmond, Six pounds & Sixteen shillings,
For the County of West Chester, Ten pounds Two Shillings &
Eight pence.
For the County of Ulster, Eleven pounds, Eleven shillings &
four pence.
For the County of Orange, Three pounds, Seven shillings and
Eight pence.
For Dutchess County, One pounds & Seven shillings which said
severall Sums shall be raised, Assessed Collected & Levyed
Immediately after the Publicacon of this present Act, according
to & by Such Rules, Direccons & Methods, & under such paines,
peualties & forfeitures as is Contained menconed & enjoyned in
& by an Act of Generall Assembly made in the Second Year of
the Reign of Her present Maty Queen Anne, Entituled an Act
for the better Explaining & more Effectual 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 Publick & necessary Charge thro'out this Province
and preventing Vagabonds, as fully and in like manner to all
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 Enacted by the authority aforesaid that the
Several Sum & Sums of money, before menconed, shall at or
before the Twenty Nineth day of September next by the Severall
and respective Collectors of the Citys, 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 & Sattisfy, the said Mr. Jeremiah Tothill the
Severall and respective Sum & Sums herein before menconed
proportioned & appointed on or before the said 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 present
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 present
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 Security of the five 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 necessary 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 of
572
LAWS OF THE COLONY OF NEW YORK.
that County, and part thereof Levy'd, Collected 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 present Maʼty to
Oblige the payment of the Arrears of the said One thousand
pounds many Disputes Difficulties and questions have arrisen &
divers hardships & Inconveniencyes may probably happen if not
prevented. For the avoyding of which Be it Enacted by the Gov-
ernr Council & 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 have 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 Collector or Receiver Generall soe much as shall Compleat
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 present 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 have 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 all the said Acts of Generall
Assembly are Invested with or Lyable unto as if the same were
specially & perfectly menconed in this Act.
1
LAWS OF THE COLONY OF NEW YORK.
573
[CHAPTER 144.]
[Chapter 144, of Livingston & Smith and Van 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 out Regu-
lating Clearing and Preserving Publick,
Comon Highways in this Colony and for the
Erecting and Building a County Jaile and
County House in the County of Richmond,
[Passed, June 27, 1704.]
WHEREAS by An Act of General Assembly made in the second
Year of the Reign of her present Maty, Entituled, An Act
for the Laying out, Regulating, Clearing and preserving, publick
Comon Highways thro'out this Colony. It is Enacted that all
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 all new Publick Roads or Highways that should be
laid out by virtue of the said Act be of the breadth of Six Rods
English Measure, And for the better putting in Execucon the
said Act, Commissioners were in and by the same appointed,
Nominated, Impowered and required with all 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 Inconveniency Charge and Burden that may attend sun-
dry persons and by reason the Inhabitants of the County have
but small Tracts of Lands, & want the benifit of Commons as
other Countys in this Colony Injoy. And for the Speedy and
Effectuall putting in Execucon the before recited Act. Be it
Enacted by the Governour Council & 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 County 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 by 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
all the Inhabitants in each respective Division within the said
574
LAWS OF THE COLONY OF NEW YORK.
County shall Contribute Aid and Assist to Clear repaire amend
and preserve all such Highways which are or shall be appointed
and laid out within the said County by the Commissionrs nomi-
nated in the before recited Act And the said 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 all and every or any part of the Roads and High-
ways made or to be laid out as aforesaid and all and every Inhabi-
tant, Refuseing, Delaying and Denying to Obey any such order or
Sumons of the said Commissioners as aforesaid shall 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 Credible 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 have full power to order Direet 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, agree, Estimate & Examine the
Charge of Such Erections & buildings hereinbefore menconed
which said Calculacon & 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, Justly & 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 all Convenient Speed & the
money So Collected shall remaine in the hands of the said Col-
LAWS OF THE COLONY OF NEW YORK.
575
lectors who shall make payment 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 Offendors
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
Credible 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
have lately happened within this Province
& for the Establishing and Securing their
Matys present 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 have lately happened
within this Province and for the Establishing and Securing their
Ma'ties present 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 Ma'ties Goverment as it is now Estab-
lished, should be Deemed & Esteemed as Rebells & Traytors
!
576
LAWS OF THE COLONY OF NEW YORK.
unto their Maties, & Incur the Pains, Penalties & fforfeitures as
the Laws of England have for such Offences made and Pro-
vided.
And whereas her most sacred Majesty hath been graciously
pleased out of her princely Care for the good and Safety of her
Subjects in their Lives and Estates to observe in her Intruccons
to the Governor that the meaning of the said Clause hath been
of late misinterpreted 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 Govern' 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 all 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 Cornbury, 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
Effectual putting in Execucon an Act of
General Assembly Entituled an Act for Set-
ling a Ministry & raiseing a mainteinance
for them in ye City 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
I
•
ཛྙ་
,
raising a Mainteinance for them in the City of New York, County
of Richmond, West Chester & Queens County It was Enacted
that there should be called, Inducted & Establish'd in the several
places therein mencon'd a good sufficient Protestant Minister
to Officiate & have the care of Souls & 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 price. And whereas in putting in Execucon the said
Act many disputes Difficulties & Questions have arisen for the
preventing & avoiding of which Be it Enacted by 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 &
Impower'd within ten dayes next after such neglect or refusall of
the `Vestrymen aforesaid to lay a reasonable Tax on the respective
places aforesaid for the severall & respective mainteinances as
they might have 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 all
& every the payments that shall hereafter be made & paid to the
respective present Incumbents Inducted & Established at the
respective places aforesaid by his Excellency the present Govr
& to all & 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 times & 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 Effectual putting in Execucon the said
recited Act, Be it further Enacted by the Authority aforesaid
73
578
LAWS OF THE COLONY OF NEW YORK.
that all and Singular the fines penalties & forfeitures menconed
in this & the said recited Act shall be one halfe to ye poore of
every respective County Parish 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 incurr'd as aforesaid who are hereby respectively 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 Immediately thereupon appoint
another fitt person to do & performe what ought to have 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 all & 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 Vestry 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 preventing
any Controversies & disputes for the future touching the same.
It is hereby further Enacted & declared that the respective
Vestrymen & Church Wardens for the time being of every respec-
tive place, or Major part of the said Church Wardens & Vestry-
men whereof one Church Warden always to be one shall & are
hereby Impowered to call & present after the Death of the
severall & respective present Incumbents so Inducted & 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 which Ministers shall respectively be
Instituted and Inducted 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 present Act of General
Assembly nor any thing herein contein'd shall be Construed or
1
LAWS OF THE COLONY OF NEW YORK.
579
understood to extend to abridge 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 Contrary
hereof in any wise notwithstanding.
And lastly it is hereby Enacted and declared by the authority
aforesaid that the said Act of General Assembly made in the
Year Sixteen hundred Ninety three hereinbefore recited and all
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 present Act is altered or made void or other-
wise, Directed, Declared and provided for.
[CHAPTER 147.]
[Chapter 147, of Livingston & Smith and Van 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
Peace for the City and County 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
ffour 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 Peace 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.
[Passed, August 4, 1705.]
WHEREAS by an Act of the General Assembly of this Colony,
made in the second year of her Maties Reign, Entituled, an Act
to enable the Justices of the Peace 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 Term and
space of three years from & after the Publicacon of the said Act,
it should be Lawful for the Justices of the Peace of the said City
& County, for the time being, or the Major part of them, at any
time or times 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 Said
580
•
LAWS OF THE COLONY OF NEW YORK.
City & County, as they should Judge needful & requisite for the
repairing or building a Sufficient Goal, City & County Hall, &
other things needful & requisite for ye Administracon of Justice
in the said City & County, & for paym't of their by past arrear-
ages of the City & County Charge, to be Assessed, Levyed &
paid according to the Direccons 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, have 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 Excellency, the Govr, Council &
Assembly, & by the Authority of the same, 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, Collected, Levyed,
paid & disposed of for the use aforesaid, & for no other use
w'tsoever, in ye like manner & form, & under ye same rules &
Direccons, as in ye before menconed Act is exprest, in as full &
ample manner as if the same were in this present 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 present 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 two
LAWS OF THE COLONY OF NEW YORK.
581
Entituled An Act for the Encouraging A Post Office. And also
an Act made in the year One thousand Six hundred Ninety five
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 Ninety Nine 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 New York for
four years and one halfe year from the Month of April which was
in the Year one thousand seaven hundred are all 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
Very Advantagious to the Inhabitants of this Province by the
preserving of Trade and Maintaining A Mutual Correspondence
amongst our Neighbouring Collony's and Plantations that the
same Should be Enforced and Continued. Be itt Enacted by the
Governour and Council and Representatives 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 Term of three years from and after the Month of October
which was in the year one thousand seaven hundred and four
and all the Rates and Sums of Money Established by Vertue
of the said Act upon letters and Pacquétts 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 all 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 fully 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 Notwithstanding.
582
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 149.]
[Chapter 149, of Livingston & Smith and Van 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 out 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 present year of our Lord One
Thousand Seven hundred & ffive did recomend to the Represen-
tatives of the Said Citty and County to lay before the Assembly
of this Province now Conveened the ffears and Jelousies they
have that Several Negro Slaves belonging to the Inhabitants
there have a design to leave their respective Owners and go to
the ffrench at Cannada as Some have already done which has
and would be to the great loss & detriment of the Owner or
Owners of Such Negro Slave or Slaves and also of very perni-
cious Consequence to the whole province. ALL which being
Considered by the General Assembly BE IT ENACTED and it
is hereby Enacted by his Excellency the Governour Councill and
Assembly And by the Authority of the Same that all 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 first
day of August of this present 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 Credible 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 determine the Same in manner aforesaid
and thereupon to award Execution) he She or they so convicted
shall Suffer the paines of Death as in cases of ffellony, AND be
it further Enacted by the Authority aforesaid that all & every
LAWS 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 first 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 Peace
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 chosen are to
returne their Appraisment to the Justice aforesaid under their
hands 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 all 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 allways 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 Sufficient discharge and
that no difference 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 the
584
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 difference do
arise whether any Negro be fitt for Service the Same is to be
Adjudged by the next Justice of the Peace And be it
ffurther ENACTED by the authority aforesaid That the Respect-
ive Court or Sessions and Justices of the Citty and County 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 present 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 mentioned 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,
278, 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-
sary 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 Comon
& necessary charge of the Mannor of Renslaerwick in the County
of Albany as well as what is already past as the present &
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 have ye
same power, Authority Office & ffunction & do performe Execute
& Serve & be Lyable to ye same paines & penaltys as ye Super-
visors Treasurers, Assessors & Collectors of ye Severall & respect-
ive Countys within this Colony have, ought or are intended to
have 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 Effectual
LAWS 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 & Queen 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 Representative 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 Representatives in
General Assembly the Inhabitants of ye same mannor shall only
be lyable to defray the Wages & Charge of their own Representa-
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 Preservation 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 & determine the same at his Discretion 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
74
586
LAWS OF THE COLONY 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 aforesaid that the
Keepers of the Goales for the Countys aforesaid respectively
having a Warrant from one of her Ma'tys Justices of the Peace
for that County shall receive Such Offender or Offenders into
their respective Goals and him or them in safe and Close Cus-
tody keep for the Term aforesaid on penalty for neglect or
refusal to pay Double the Forfeiture afcresaid to be recovered in
any of her Ma'tys Courts of Sessions and to be 'apply'd in man-
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 explaining, and more
effectual putting in Execution an Act of
General Assembly, entitled, An Act for
settling a Ministry and raising a Main-
tenance for them, in the City of New York,
County of Richmond, Westchester and
Queens County.
CHAPTER 153.]
[Passed August 4, 1705.]
[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 Allowance 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 Same. That the Wages and allowance to the said Bur-
gess for the said Burrough from the first day of this present
Sessions of Assembly, and for ever hereafter shall be as is
LAWS OF THE COLONY OF NEW YORK.
587
Establish'd vizt. Ten shillings er day Currant money of this
Colony and the Mayor, or Deputy Mayor, or any two of the
Aldermen for the time being are hereby Authoriz'd appointed
and requir'd to raise or Cause to be rais'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 Explaining & more effect-
ual 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 Contrary 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 Comon highways thro' out
this Colony.
[Passed August 4, 1705.]
WHEREAS the powers granted to the Commissioners men-
coned in an Act for the Laying out 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 all probability remaine
undone and Imperfect and it being necessary and requisite the
same should be performed and fully accomplish'd. BE it there-
fore Enacted by his Excellency the Governour the Council 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 shall 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 Contrary
hereof in any wise not withstanding.
[CHAPTER 155.]
[Chapter 155, of Livingston & Smith and Van Schaack, where the
title only is printed. Printed in full 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 torn 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 Reviving and Continuing
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,
which said Act hath been of great use to this Colony,
Be it Enacted 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 Van 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.]
1
'AN ACT to enable William Bradford of
the Citty of New York Printer to Sell and
dispose of ye Real Estate of Jno Dewsbury
late of Oysterbay in Queens County 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 time indebted to William
Bradford of the Citty of New-York in Several Considerable
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 having obtained Letters of Adminis
tration from the honourable Coll Fletcher late Governour of
this Colony of the Goods Chattles Rights and Credits 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 equitable 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 Petition 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 Execute 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 all intents constructions and purposes whatsoever And
the Vendees and Grantees thereof are hereby Severally and
Respectively invested in and entituled to all and every or any of
the Said Lands Tenements and Hereditaments purchased by
them by virtue hereof from the said William Bradford to all
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 notwithstanding.
590
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 156a.]
[This act does not appear in Livingston & Smith or Van 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. From the 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 against Coll. Nicholas Bay-
ard and Aldermen John Hutchins for pre-
tended high Treason and for Reversing &
making null & void the said Judgments &
all Proceedings thereon.
[Passed August 4, 1705.]
WHEREAS in the Months of February & March in 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 Citty 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 Consideration thereof, Her Majesty being
sensible of the Undue & Illegall Proceeding against the sayd
Bayard & Hutchins was then most graciously pleased in Her
Royall Justice & Bounty, to order that Her Attorney, Generall
here should bee directed to consent to the Reversing those Sen-
tences and to whatever Else may be requisit in the Law for the
Reinstating 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 matters
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 Collony, And it is hereby declared
and Enacted by the Authority of the Same, That the said Pro-
ceedings & Prosecutions for the said feigned & pretended
Crimes & Misdemeanours are and were Undue and Illegal & the
LAWS OF THE COLONY OF NEW YORK.
591
Judgment & Judgments Sentence & Sentences against the said
Coll Bayard & Alderman Hutchins & all & Every Matter &
thing relating thereunto are Reversed, Annulled & made void
& of no Effect to all 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.)
[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 Van Schaack, where the title
only is printed. Printed in full in Brinley's Bradford, p. 280. The act
does not appear in Baskett. 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 Governor
on that date. (See Journals of Legislative Council, p. 240.) This copy is
made from Brinley's Bradford. See chapter 114. Repealed by chapter
168.]
THE
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.]
HE Apparent Danger and present Necessity requiring it, Be
it Enacted by the Governour, Council 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 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 present 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 present year of our Lord, 1706
and no longer.
592
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 158.]
[Chapter 158, of Livingston & Smith and Van 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
Governor on that date. (See Journals of Legislative Council, p. 240.)
This copy here printed was made from Brinley's Bradford.]
An Act to enable the Mayor, 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, All 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 term and space
of two years, either by themselves or sufficient 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 New-York, and for maintaining the same in repair, as shall
from time to time be directed and appointed by the Mayor,
Recorder, Alder-men and Assistants of the said City of New-York,
or the major part of them, conven'd in Common Council, on
Penalty of Six Shillings for every neglect, refusal 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
New-York, who are hereby authorized 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 neglecting to labour,
as aforesaid; which said Forfeitures shall be imployed and laid
out towards the said Fortifications, and not otherwise.
THE TENTH ASSEMBLY.
Fourth Session.
(Begun Sept. 27, 1706, 5 Anne, Edward, Lord Cornbury, Governor.),
[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
i
Smith and Van Schaack, state that this and the six following 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 menconed
set forth & expressed and that the same be laid, Assess'd,
rais'd and Levy'd upon the Estates Real and personal of all 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 County, Two 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 Authority 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 agree among themselves,
75
594
LAWS OF THE COLONY OF NEW YORK.
and shall there order that the Assessors & Collectors for the
Several and respective Citys, Towns, Mannors, Libertys & Pre-
cincts within their Several Jurisdictions for the Assessing &
Collecting of the Public rates for the defraying the 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 same 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 Same Authority. That then & in such
Case the Justices of the Peace for the Countys where such Towns,
Mannors, Libertys, or Precincts are, are hereby required,
Impowered & Authoriz'd to Nominate and appoint Assessors
and Collectors for such Towns, Mannors, Libertys and Precincts,
which Assessors & Collectors shall to all 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, have & shall have power & Authority by
virtue of this Act & are required any two or more of them or
each of them by himself to Administer 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 aforesaid shall deny, neglect or unequally and
Impartially 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 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 reside (who are hereby required & Impowered
to hear Determine and do the same) shall by Warrant under the
hands and Seals of such two Justices of the Peace be Comitted
to the Comon Jaile there to remaine without Baile or Mainprize
till he or they shall make Fine & Ransome for such Contempt as
aforesaid. And if any person or persons of what Degree or
LAWS OF THE COLONY OF NEW YORK.
595
Quality soever he or they shalbe within this Colony who shall
refuse, neglect or Delay to pay the Several Sum and Sums or pro-
portions of money appointed by this Act and Assessed in manner
aforesaid, 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 reside. It shall and may be Lawful to and for
such Collector for nonpayment thereof to distrein such person
or persons so refusing, Delaying or neglecting by his or their
goods and Chattles and the Distress so taken to keep by the
Space of four days at the Costs and Charge of the owner thereof,
and if the owner do not pay the said Sum or Sums of money so
distrain'd for within the said Four days then the said Distress
to be publicly Sold by the said Collectors for the payment of the
said money and the overplus coming by the said Sale (If any
there be) over and above the Charge of taking, keeping and sell-
ing the said Distress to be Immediately restored to the owner
thereof.
*
And also be it Enacted by the Authority aforesaid, That if
any Mayor Aldermen or Justice of the Peace within this Colony
who are hereby required Impowered and Authorized to take
Effectual care that this Act be duly Executed, according to the
true Intent and meaning thereof, shall deny, refuse, neglect or
delay to do performe and Execute all or any of the powers dutys
and authoritys by this Act required by him or them to be done
and shall thereof be Lawfully Convict before any of her Matys.
Courts of Record within this Colony, he or they shall suffer such
pains by Fines & Imprisonment as by the Discretion of the Jus-
tices of the said Courts shalbe Adjudged.
And be it further Enacted by the Authority aforesaid, That
if any Action, Bill, Plaint, Informacon or Indictment shalbe
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 per-
sons So Sued or prosecuted in any Court w'tsoever shall and may
plead the general Issue not guilty, & give this Act & the Special
matter in Evidence, and if the plaintiff or prosecutor shalbe non-
suited or forbear further prosecution, Suffer discontinuance or
Verdict to pass against him the Defendant or Defendants, shall
have treble Costs for w'ch they shall have like remedy as in Case
where Costs by Law are given to Defendants.
Provided always that no Mayor, Aldermen or Justice of the
Peace shalbe sued, prosecuted, troubled or molested for any
omission offence, neglect or mistake of or against this Act, but
within ye Space of one year after such omission, offence, neglect
596
LAWS OF THE COLONY OF NEW YORK.
or mistake, Comitted & not at any time thereafter any thing
herein Contained to the Contrary notwithstanding.
And to ye end that ye moneys intended by this Act to be
raised & Levy'd, may be disposed & apply'd to the use & uses by
this Act meant & express'd, to wit, towards the Fortifying the
City of New York & to no other use or Intent-whatsoever. Be
it Enacted by the Authority aforesaid. That Col Abraham De
Peyster of the City of New York; be & is hereby Nominated &
appointed to be Treasurer for all & Singular the Sum & Sums
of money to be rais'd & Levy'd by virtue of this Act & that Capt
Lawrence Read, Capt Robert Walters, Capt Robert Lurting, Mr.
Robert Darkins, Capt David Provoost, Capt Rd. Willet, and,
Mr Barent Reynders or any four of them shall be and are hereby
appointed Commissioners to take care that the said Sums of
money are laid out paid and disposed accordingly. And that
all moneys to be Issued and paid out by the said Treasurer shal
be Issued and paid by Warrants under ye hands and Seales of the
said Commissioners or under the hands and Seals of four of them
at least & to Express to whom for what service or for what
Materials in and about the said Fortificacons and not otherwise.
And to the Intent that the Govr be duely Informed of the
Occasions of the Commissioners Issuing Warrants, Be it Enacted
by the Authority aforesaid, That the Treasurer for the time
being shall if thereunto required, on the first Monday of every
Month, lay before his Excellency an Account of all such War-
rants Issued by the Commrs for the Treasurer to pay any Sum or
Sums of money, wherein shall be incerted the persons name, to
whom due, or payable, and for what, and how it affects, the
Uses and purposes intended by this Act.
And be it further Enacted by the Authority aforesaid that
the several Collectors herein this Act before menconed shall pay
in the Several Sums of money by them, by virtue of this Act to be
Collected and Levy'd to the said Treasurer or to his Deputy and
to no other person or persons whatsoever, only retaining to
themselves the Sum of Nine pence in the pound for all Such
money as they shall so Collect & Levy as aforesaid.
And also that the said Treasurer shall dispose and pay out
the moneys so by him to be received by Warrant from the said
Commissioners in manner before Expressed & by no other order
mandate or Warrants whatsoever, retaining to himself Six
pence in the pound for all such moneys as he shall receive &
pay under ye penalty of forfeiting thrice ye vallue of such of the
said moneys as shall by any of them otherwise be disposed of or
paid, to be recovered in any of her Maties Courts in this Colony by
Action of Debt, Bill, Plaint or Information wherein no Essoign,
LAWS OF THE COLONY OF NEW YORK.
597'
Protection, or Wager of Law shalbe allowed the one half of the
said Forfeitures to be to her Maty her heirs and Successors to be
apply'd towards the Charges of the Fortifications aforesaid by
the said Commissioners or any four of them at ye least, & the
other half to be to any person or persons who shall informe &
Sue for the same.
And be it also Enacted by the Authority aforesaid that ye
said Treasurer on the payment to him of the respective Sums of
money Collected & Levy'd by ye Several Collectors, shall gratis
give unto the said Collector Receipts for such Sum or Sums of
money as shall by them or any of them be paid unto him which
Receipts shalbe to the Several Collectors aforesaid a good Suffi-
cient acquittance, Release & Discharge in the Law for so much
as in the same Receipts shalbe menconed and Exprest to be
received.
And be it also Enacted by the same Authority that ye said
Warrants under the hands and Seals of the said Commissioners
or four or more of them shalbe to the Treasurer aforesaid a good
& Sufficient acquittance, Release and Discharge in the Law for
so much as in the same Warrants is mentioned & Expressed to
be paid by virtue thereof As also for the payment of any
moneys that has or shalbe advanced towards the said Fortifica-
tions.
And be it further Enacted by the same Authority That the
said Treasurer shall keep a true & Exact Accot of all Such Sum
& Sums of money as shall so by him be reced & paid & such
accot give & render at all times when required to the Governor
Council & Assembly for the time being when sitting and requir
ing the same.
[CHAPTER 160.]
[Chapter 160, of Livingston & Smith and Van Schaack, where the act
is printed in full. Printed in full in Brinley's Bradford, p. 286; Baskett,
p. 81.]
AN ACT to Incourage the Baptizing of
Negro, Indian and Mulatto Slaves.
[Passed October 21, 1706.]
WHEREAS divers of her Maties good Subjects, Inhabitants
of this Colony now are and have been willing that such Negro,
Indian and Mulatto Slaves who belong to them and desire the
same, should be Baptized, but are deterr'd and hindred there-
from by reason of a Groundless opinion that hath spread itself
in this Colony, that by the Baptizing of such Negro, Indian or
Mulatto slave they would become free and ought to be sett at
Liberty. In order therefore to put an end to all such Doubts and
598
LAWS OF THE COLONY OF NEW YORK.
same.
Scruples as have or hereafter at any time may arise about the
BE it Enacted by the Governr Council and Assembly and
it is hereby Enacted by the authority of the same, That the
Baptizing of any Negro, Indian or Mulatto Slave shall not be any
Cause or reason for the setting them or any of them at
Liberty.
I
And be it declar'd and Enacted by the Governr. Council &
Assembly and by the Authority of the same, That all and every
Negro, Indian Mulatto and Mestee Bastard Child & Children who
is, are, and shalbe born of any Negro, Indian, Mulatto or Mestee,
shall follow ye State and Condition of the Mother & be
esteemed reputed taken & adjudged a Slave & Slaves to all
intents & purposes whatsoever.
Provided, always & be it declared & Enacted by ye said
Authority That no slave whatsoever in this Colony shall att any
time be admitted as a Witness for, or against, any Freeman, in
any Case matter or Cause, Civill or Criminal whatsoever.
[CHAPTER 161.]
[Chapter 161, of Livingston & Smith and Van Schaack, where the
title only is printed. Printed in full in Brinley's Bradford, p. 284. Title
only is printed in Baskett, p. 81.]
AN ACT for raising a Fund for the Defence
of the Fronteers & other Uses
[Passed October 21, 1706.]
BE it Enacted by the Governour, Council and Assembly and
by the Authority of the same, That the Sum of Nine hundred
Eighty three pounds and ten shillings, Currant money of New
York be Laid, Assess'd Collected and Levy'd on the Estates
Real and Personal of all & singular the Freeholders, Inhabi-
tants and Residents in this Colony of New York, according to
the rates & Proportions following (that is to say) For the City &
County of New York Two hundred thirteen pounds Six shillings
and Six pence.
For the City & County of Albany, Sixty Seven pounds & two
shillings for Kings County One hundred Forty two pounds
twelve shillings and six pence. For Queens County, One hun-
'dred Sixty Seven pounds & Six pence. For the County of
Suffolk, One hundred Sixty Seven pounds & Six pence. For the
County of Richmond Forty five pounds & Nineteen shillings. For
the County of West Chester, Sixty Eight pounds, Eighteen shill-
ings and Six pence. For the County of Ulster Seventy Eight
pounds fourteen shillings, & Six pence. For the County of
LAWS OF THE COLONY OF NEW YORK.
599
Orange Two & twenty pounds nineteen shillings, and for Dutch-
ess County Nine pounds & Seventeen shillings and that the
Same be paid unto the Treasurer hereinafter mentioned, the one
half therof on or before the five and twentieth day of March
next ensuing & the other half thereof on or before the five &
twentieth day of November Seventeen hundred & Seven.
And be it further Enacted by the authority aforesaid, That
the Said sum of Nine hundred Eighty three pounds & ten shill-
ings be and is hereby Given and granted unto her Ma'ty her
heirs and Successors to be disposed & paid out & apply'd to the
Several Uses Intents & purposes in this Act mentioned Set forth
Limitted & Express'd & to no other use or uses, Intent or pur-
pose whatsoever (that is to say) the Sum of Six hundred pounds
part thereof for Outscouts, Spyes & other Incidentall Charges,
towards Securing the Fronteers at Albany and parts Adjacent
the Year ensuing. The Sum of One hundred Sixty two pounds
thirteen shillings further part thereof for the pay of Captain
John Bratt & the Company lately Under his Command who
Served as out scouts in the Year, One thousand Seven hundred &
four for the preservation and defence of the Fronteers of this
Colony & other Incidentall Charges & Twenty five pounds to
Capt Abraham Schuyler for his Journey to & Service in the
Onondage Country. And the Sum of thirty Eight pounds for the
building a Guard roome & Sinking & Sufficiently Stoning a well
in the Fort at Schenectady & for Materialls & other Incidents
about the same. And the Sum of One hundred pounds part of
the said Sum to be paid to Colonel Peter Schuyler towards his
Services & Exterordinary Expences to and about the Indians,
relating to the Defence of ye Fronteers. And the Sum of Two
and a half per Cent for the Treasurer for receiving and paying
the same and Nine pence in the pound to the Collectors herein-
after appointed to Collect and pay the same to the Treasurer
aforesaid.
And be it further Enacted by the same Authority, That the
Treasurer shall give in Sufficient Security to the approbation of
William Nicoll Esqr. the present Speaker of this Assembly that
he shall well & truly pay & dispose of the moneys by this Act to
be raised & Levy'd to the Uses herein mentioned and not other-
wise & to render a true Account thereof from time to time to the
Governr. Council and Assembly when Sitting and requiring the
same.
And be it further Enacted by the Authority aforesaid that
Col Abraham De Peyster giving in such Security as aforesaid be
and is hereby nominated & appointed to be the Treasurer of all
& every the Sum & Sums of money to be rais'd Assess'd, Col-
600
LAWS OF THE COLONY OF NEW YORK.
:
lected, & Levy'd by virtue of this Act, and that the Commis-
sionrs appointed by his Excellency the Governr for managing
the Indian affairs at Albany together with Capt Myndert Schuy-
ler, Mr Henry Renslaer Mr John Cuyler and Capt Peter Van
Brughen or the Major part of them shalbe and are hereby
appointed Commissioners to take care that the said Several
sums of money are apply'd, disposed & paid to the Severall and
respective use & Uses in this Act before expressed & to no
other use or purpose whatsoever.
And be it further Enacted by the Authority aforesaid that all
moneys to be issued & paid out by the said Treasurer by virtue
of this Act shalbe issued & paid by Warrants under the hands
and Seals of the said Commissioners or the Major part of them
at least, which Warants shall express the names of the persons
to whom & for what service or for what goods, provisions,
materialls or necessarys & not otherwise.
And be it further Enacted by the Authority aforesaid that the
said Sum of Nine hundred Eighty three pounds & ten shillings
shalbe Laid, Assess'd, Rais'd, Collected Levy'd & paid in such
manner by such wayes and means under such restriccons, Regu-
lations, paines, penalties and forfeitures, & with such advant
ages, priviledges & Exemptions as in & by one certaine Act of
General Assembly passed this present Session of Assembly,
Entituled, an Act for the raising the Sum of Three thousand
pounds towards defraying the Expence of Fortifying the City of
New York, is Enacted, Declared, provided & express'd to all
Intents, Constructions & purposes whatsoever as if the severall
Clauses, provisoes & Limittations in that Act for the better
assessing, raising, Collecting, receiving & paying of the said Sum
of Three thousand pounds in this present Act of General
Assembly were Especially, fully & particularly Incerted setforth,
Included & Expressed.
And it is also further Enacted by the Authority aforesaid
That the Treasurer herein before named & the Several Collectors
for the Collecting & gathering in the moneys herein granted &
Intended to be granted shall have & enjoy, such powers, proffits
& perquisits & in Such methods, shalbe Exonerated & Dis-
charged, & in like manner shalbe accountable as the Treasurer
and Collectors in and by the said Act of Assembly for raising
the said sum of Three thousand pounds are to have and are
directed & enjoyn'd to all Intents Construccons & purposes
wtsoever.
And for as much as some Doubts, Debates, Mistakes & ill Con-
structions have arisen Concerning the Election & Duty of the
Assessors for the City of Albany no Such officer or officers being
1
LAWS OF THE COLONY OF NEW YORK.
601
mentioned in their Charter & whereas Hendric Hansen and
Wessel ten Broeck were on the first Tuesday in Aprill last past
elected & Chosen Assessors for the City of Albany for the Year
then ensuing by the Freeholders & Freemen of the said City.
Be it Enacted by the Authority aforesaid that the said Hendric
Hansen and Wessel ten Broeck, shalbe, & are hereby declared
to be Assessors for the said City of Albany untill the first Tues-
day in Aprill next Ensuing. And that the Freeholders & free-
men of the said City of Albany shall within twenty Dayes after
the publication of this Act Assemble & meet together & by the
Majority of Voices Elect and Choose four other Assessors, which
four persons so to be Chosen, together with the said Hendric
Hansen & Wessel ten Broeck shalbe intrusted with the powers,
do the like dutys & be Subjeet & lyable unto the same pains &
penalties as any other Assessors by the Laws of this Colony are
Subject to, ought to perform, & are required and enabled to
do, and shall continue in the same office or Station untill the
first Tuesday in Aprill next Ensuing at which time Six New
Assessors are hereby directed to be Elected & Chosen for the
said City & from that time Annually, that is to say, two Assess-
ors for each Ward within the said City of Albany.
[CHAPTER 162.]
[Chapter 162, Livingston & Smith and Van Schaack, where the title
only is printed. The act is not printed in any edition of Bradford or in
Baskett.]
AN ACT to furnish the Towne Guards at
Schenectady in the County of Albany with
firewood, & to repair the guard House &
gates of that Towne
[Passed October 21, 1706.J
FORASMUCH as the Towne of Schenectady is one of the
utmost fronteer Garrisons in this Colony of New York, where
every night guards are kept for the Security of the said Towne
ye Inhabitants thereof hitherto by turnes have willingly provided
the Town guard with firewood and now refuse to continue so, &
that ye gates belonging to ye Fortification of the said Town &
the said guard House Sometimes requires mending, for ye
Supporte thereof the said Towne hath no fund. Be it there-
fore Enacted by his Excellency ye Govern'r & Council & Repre
sentatives Conven'd in General Assembly & it is hereby Enacted
that there be laid, Assessed, Levy'd, & Collected on ye Free,
76
602
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 present Warr with the French our
Enemies, & also to raise the Sum of Tenn pounds Yearly during
this said Warr, to repaire ye gates & guard 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 time being by Warrant under the hands &
Seales of the Justices of ye said Towne for the time being, which
Assessors are hereby required equally, duly and Impartially to
Assess & rate the said Freeholders & Inhabitants for their
respective proportions being first sworne Equally, 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 Collectors 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
person as the Justices of the said Towne shall appoint Treas-
urer to receive the Same, and if any person or persons shall
refuse delay or neglect 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 or either of them.
And be it further Enacted by the Authority aforesaid that if
the said Justices or either of them the Assessor or Assessors
Collector or Collectors or Treasurer as aforesaid shall Deny,
refuse delay or faile to perform & Execute all & every or any
Clause or Article required in this Act they & each of them so
Denying, neglecting, refusing or failing 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 in Aprill Seventeen hundred & Nine any thing herein
Contained to the Contrary hereof in any wise notwithstanding
*
LAWS 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 edition of Bradford, or in
Baskett.]
A
AN ACT for the better raising, 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 Council & 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 year with ye other Supervisors of the said
County (as according to ye late Act of General Assembly ought
to be done) compute all such necessary & Contingent charge as
he & they shall find the said County properly Chargeably with,
& also shall himself Compute and ascertain the necessary &
Contingent Charge that peculiarly hath 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 out
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 County 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 Majority of Voices
three Assessors and three Collectors to serve for ye Mannor
aforesaid who shall have the same power Authority, office and
Function and do performe, Execute and Serve and be lyable to
the same pains and penalties as other Assessors and Collectors
by the Laws of this Colony ought or are intended to have, do
performe and are lyable to.
And be it further Enacted by the same authority that for the
preventing of all shifts and tricks Contryved to evade the force
of this or any former Act, it is hereby Declar'd that the Mannor
aforesaid can by no reasonable Construction be intended to be
604
LAWS OF THE COLONY OF NEW YORK.
Divided from the said County, nor that the Charge for killing of
Wolves 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 edition of Bradford, or in
Baskett.]
A BILL to enable the Mayor, Recorder,
Aldermen and Comonalty of the City of
Albany for the time 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 Gover-
nor, Council & Assembly & it is hereby Enacted by the Author-
ity aforesaid. That it shall & maybe Lawful 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 every
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 every
year by a Tax upon the Freeholders, Inhabitants, Residents &
Sojourners of & in the said City as they or the Major part of
them shall agree to 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 Militia. 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 Collectors for the time being of each
Ward respectively, 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 Convenient times respectively
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 have been
LAWS OF THE COLONY OF NEW YORK.
605
in the hands of other former Treasurers of the said City. And
be it further Enacted by the authority aforesaid that if any 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 Collector thereof to Collect
& Levy the same by distress and Sale of their goods & Chattles
with reasonable Charges of distraining returning the overplus
to the owner. And be it further Enacted by the Authority
aforesaid that the Treasurer and the Collectors herein menconed
shall each have 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 Supervisors 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 title
only is printed. The act is not printed in any edition of Bradford, nor in
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 concerning the dam-
ages done by Cattle and horses Occasioned by the insufficiency
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 all the Fences between
the respective Lands and fences within the County of Albany
already made & from & after the first 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 foot and a half good & sufficient against horses
& other Comanable Cattle, Sheep, & hoggs only excepted for
which the Respective Owner or Owners are to make good & suffi-
cient Fences att their proper Cost 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 all 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 where
606
LAWS OF THE COLONY OF NEW YORK.
such fence and fences as by this Act are directed are not made
are hereby permitted 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 mend his or their Proportion of the
fence or fences necessary & requisite between him or them
According to the Quantity of Lands so bordering or Joyning
together to make up or mend his or their proporcon thereof on
or before the first Day of May in the Year 1707 aforesaid pro-
vided such Notice be given in the presence of One or more Wilt-
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 before 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 & after 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 Committ such party or partys to the Common Goal of
the said County there to be & remaine 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 making & 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 herein before 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 Jurisdictions & precincts
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 any two of
her Majestys Justices of the Peace by Warrant under their hands
& Seales to appoint two of the Neighbourhood to view the same
LAWS OF THE COLONY OF NEW YORK.
607
and make their report of the Matter within three Days then next
Ensuing which persons are to receive each Six Shillings P Diem
to be paid by the Offender whose fence shall be wanting 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 wtsoever 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 this 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 notwithstanding.
THE ELEVENTH ASSEMBLY.
First Session.
(Begun Aug. 19, 1708, 7 Anne, Edward, Lord Cornbury, 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 Raising a Fund for presents
to the five Nations and for the Defence of
the Frontiers.
[Passed September 18, 1708.]
Be it Enacted 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 Estates Real and per-
sonal of all and Singular the Freeholders, Inhabitants and Resi-
dents in this Colony according 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 County 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 Abrahanı
De Peyster nominated and appointed Treasurer of this Colony
on or before the Twenty fifth of March next Ensuing.
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 given to the ffive Nations and
Schagkook Indians to Encourage them to Continue their Obedi-
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 presents as aforesaid and the said sum
of Two hundred pounds be Dispos'd and paid as the Major part
of them shall appoint to the Severall 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 their
LAWS 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 ffrontiers at or neer Albany from the Twentieth
Day of October next Ensuing untill the Twentieth Day of March
next following and no Longer And that the said Sixty Men be
Detacht and drawn out of the Severall Counties 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 Captain 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 Authority aforesaid that on the
Detaching of any 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 so Detacht
shall and is hereby Required gratis and without 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 Captain 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
Sattisfy the pay and moneys by this Act so raised and Levyed for
such Service and shall be to him a Sufficient Discharge for the
And that a Certificate from the Commissioners aforesaid
or the Major part of them shall be in Like manner of the same
force for the payment of the Captain and two Leiutenants to be
Commissionated for the Comand of the men to be Raised and
posted as aforesaid.
same.
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, Regulations, 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 ffortifying the City of New York is
Enacted, Declared provided and Expressed to all Intents Con-
77
610
LAWS OF THE COLONY OF NEW YORK.
1
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
over 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 Act 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 Collector 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 Governour Council and Generall
Assembly And it is hereby Enacted by the Authority of the Same
that hereafter any Indian that is Bound 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-
ment by any person or persons 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 Designe 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 person or persons shall purchase take to pawne or any
ways gett or Receive any Cloathing Gun or other necessaries
that his Master shall Lett him have 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 Designe 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
November and the fifteenth of Aprill following He She or they
so offending besides Restoring to such master such Cloathing
}
LAWS OF THE COLONY OF NEW YORK.
611
Gun or other necessaries 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 County where such offence Shall be Committed who
is hereby Authorized and empowered to hear and Determine the
Same and thereupon to award Execution the one half of such
fforfeitures 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 made This Act to 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 by chapter
193.]
AN ACT 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 and Defence
thereof.
[Passed September 18, 1708.]
That one
BE IT Enacted by the Governour Council and Assembly and
it is hereby Enacted by the Authority of the same.
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 made in the first Year of the Reign
of her present Maty expir'd by its 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 present 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, All persons by
the said Act Exempted from being listed in the Militia Com-
panies of the City of Albany and all other person or persons who
have heretofore born any Office Civil or military within the
said City (the Justices of the Peace for the time being only
Excepted) be with all 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 all 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 all other Military Services Cases of Alarms
Excepted.
AND be it further Enacted by the Authority aforesaid, That
in Cases of Alarm, the Justices of the Peace within the said City
& County & not being military Officers 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
all 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 Offendors Goods & Chattles by War-
rant under the hand & Seal of any one of the Field Officers within
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 Contrary hereof in any wise notwithstanding.
[CHAPTER 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 this Province.
[Passed September 18, 1708.]
WHEREAS the Publick Post-Office within this City of New
York hath been found by Several yeares experience 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 all 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 all
LAWS OF THE COLONY OF NEW YORK.
613
Letters and pacquets whatsoever may be Dispatched with Expe-
dition into any part of cur Neighbouring Colonies and Planta-
tions on this Main Land and Continent of America, or to any
other of her Majestys Kingdoms and Dominions beyond the Seas,
att w'ch said office all Returns and answers may be Likewise
Received; and that 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 Authorized, and no other person or
persons whatsoever, shall from time to time have the Receiving,
takeing up, ordering, Dispatching, sending post or with Speed,
and delivering of all Letters and pacquets whatsoever, which
shall from to time be sent to and from all 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 them, 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
Travel, or by any Messenger or Messengers sent on purpose for or
Concerning the Private Affairs of any person or persons. 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 Con-
stituted and appointed, as aforesaid, and his Deputy or Deputies
by him thereunto Sufficiently Authorized, to Demand, have,
Receive and take for the portage and Conveyance of all 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 Colony 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; All 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 port of every
Letter not Exceeding one Sheet from Boston to New-York,
or from Mary Land to New-York, Nine pence Currant
614
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 Currant 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 effectual encouragement of ye said General Post office,
Be it further Enacted by ye Authority aforesaid, That all 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 and all 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 person or persons whatso-
ever, or body Politick or Corporate, other than the Post master
General aforesaid, shall presume to Carry, Re-carry or deliver
Letters for Hire, other than as before excepted, or to set up or
imploy any foot Post, horse or pacquet, Boat whatsoever, for ye
Carrying, Conveying 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, as is usual in
her Majestys Realm of England, upon pain of forfeiting the sum
of one hundred pounds Currant money aforesaid for every Sev-
erall offence against the Tenor of this present 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 Governour 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 all 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 Port of
i
LAWS OF THE COLONY OF NEW YORK.
615
one hundred
New York other than such Letters as are before Excepted shall
by such master Passenger or other person be forthwith Delivered
unto the Post master of New York for the time being or unto
his Servant or Servants and by him or them 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 presume 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 ffurni
ture for Horseing of any through posts or persons ride-
ing in post with a Guide and horne as usuall
as usuall for hire,
upon paine of forfeiting
pounds Currant
money of this Colony for every Several offence against
the Tennor of this present 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 present Act, and
Shall or will sue for the said fforfeitures upon the same. Pro-
vided always that this present Act. Doe and Shall Continue in
force from the publication hereof for and dureing the Space of
two years and no Longer any thing to the Contrary hereof im
any wise notwithstanding.
616
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 170.]
[Chapter 170, Livingston & Smith and Van Schaack, 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 Van Schaack state
that the act was confirmed by the Crown, December 15, 1709. Expired in
1713. Revived by chapter 277. Repealed by chapter 547.]
AN ACT to prevent Damages by Swine
in the County of West Chester, Queens 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, from 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 Impound 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
Lawful 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 Lawful 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 that
LAWS OF THE COLONY OF NEW YORK.
617
the same may be had & recovered, as if this Act had never been
made.
Provided always that every & all 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 have too much
abounded within this Colony to ye Shame of Christianity, and
the great grief of all 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 all 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 Credible 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, all 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 all such fines to be by the Constables
aforesaid Immediately paid to the Overseers for the Poor of the
s'd City or County where such fact is Committed for the use of.
:
78
618
LAWS OF THE COLONY OF NEW YORK.
!
the Poor of that City or County for all which 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. Repealed in part by chap. 261.
Further provided for by chapter 316.]
AN ACT for the more Effectuall preser-`
vation of Deer and other Game and ye
Destruction of Wolves Wild Catts and other
Vermin.
[Passed, September 18, 1708.]
BEE it Enacted by the Governour Council 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 Destroy 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 Countyes of Suffolk Queens County and Kings County
shall have and Receive 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 effectual 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 all
and every Respect as are Enacted mentioned and Expresst in an
Act made in the first year of her Majesties Reign Intituled An
Act for Destroying of Wolves within this Colony
LAWS OF THE COLONY OF NEW YORK.
619
And for the preservation of Deer and other Game within the'
Countyes of Suffolk Queens Count and Kings County aforesaid
Be it Enacted by ye Authority aforesaid That whosoever within
the Countys last above mentioned Christian or Indian ffreeman
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 August and the first day of January and for
Turkeys, Heath hens Partriges and Quailes between the first day
of August 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 forfeiture aforesaid. and
for every Wild Turkey, Chicken or Egg killed or Destroyed as
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 Quail
their Eggs or young Ones so Killed or Destroyed as abovesaid
the Sum of two Shillings and Six pence or two Days and one
halfes Imprisonment as aforesaid; one half of all 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, who is hereby Authorized Impowered
and Required to hear and Determine the same And the other
halfe 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 Offenders in all 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 Deers
fflesh, 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 have done the same;
and that the same green Deer skins, ffresh Venison or Deers
fflesh, Wild Turkeys, Heath-hens, Partridges or Quailes, their
Eggs and young Ones, so found as aforesaid, or any other prob-
able Circumstance, at the Discretion of the Justice before whom
such offence shall be tryed, shall be held to be good Evidence in
the Offences aforesaid.
620
'LAWS OF 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
Determine any of ye Cases aforesaid according to the Rules and
Directions before mentioned every such Justices of ye Peace so
Neglecting or Refusing as abovesaid shall fforfeit for every 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 Provided that Nothing herein Contained is intended or
shall be Construed to Repeal or alter one Certain Act of Assem-
bly made for the preservation of Deer in ye year of our Lord
1705 Saving the fforfeiture for Destroying of Deer But the Same
Act in every other part thereof is hereby Confirmed Provided
always that the whole Reward for Destroying of Wolves and
their Whelps is Declared and Intended to be only five 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 Wolves notwithstanding.
in Baskett, p. 89.
[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
Livingston & Smith, Van 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-
venting the Corruption of the Currant Coyn.
[Passed October 6, 1708.]
For Prevention of the Corruption of the Coyn Usually Currant
within this Colony. Be it Enacted by the Governour 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 All Spanish half Ryals fair unclipt and no
manner of way defac'd at four pence half penny each All
Spanish Ryalls fair unclipt and in no manner of way defac'd at
Nine pence. All Spanish Double Ryalls not Clipt nor in any
manner of way Defac'd at Eighteen pence. All other Spanish
money of the Coyns of Mexico Seevill and Pillar peices whatso-
ever at Eight Shillings the Ounce Troy. All pieces of Eight and
LAWS OF THE COLONY OF NEW YORK.
621
half pieces 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 Compell'd 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, where 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.
124.)]
(See ch.
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 Currant
money 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 present 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 remaine in Force for
and during the Term 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 have by their Petition Set forth That the
622
LAWS OF THE COLONY OF NEW YORK.
1
County Hall and Common Goal of the said County are Insuf-
ficient, which have 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 Representatives 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 Lawful for the Super-
visors of the said County for the Time being or Major part of
them (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 by one Certain Act of Generall Assembly
of this Province Entituled an Act for the better Explaining and
more Effectual 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 Supervisor 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. Rel. to Col. Hist., of N. Y., 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 have Laboured under most
LAWS 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 same.
That hereafter no Coroner or Coroners may be appointed in
the Severall Citys and Countys in this Colony without Her Majes-
ties Writt To Elect a Coroner be issued 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 have a perfect and
entire property in his goods and Estate Notwithstanding which
many great Unreasonable and excessive Sums of money have
been Exacted and Levyed on her Majesties Subjects here not
only by the Collectors of the Dutys and Customes on goods
Imported and Exported and their under officers and Servants but
also by Sheriffs bailys and their men, Clerks and many other
officers and Ministers as well by Land as by Water under the
Colour 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 People
among us, then to the Driving away great Numbers of the Inhabi-
tants and Impoverishing of those who Remain, a Violation of the
Peoples property, and the Destruction of the whole Colony.
Be it therefore Enacted and declar'd by the Authority afore-
said that no sum or sums of money be shall or ought to be
Imposed Levyed or Exacted from any person or persons in this
Colony or their goods or Estates Seized 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 People Conven'd in General Assembly and Some
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 sued or
prosecuted for any Suposed Crime, Offence, Trespass or Misde-
meanior and shall be thereafter Cleared and Discharged by
Verdict of a Jury of Twelve men or otherwise such person or
persons shall not be bound or Compelled to pay any ffees for or
Relating to his Prosecution or any thing whatsoever unless the
ffees of ye Officers Respectively, whom he does or shall imploy,
for, and in order to his Necessary Defence and Discharge.
624
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 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 Raising 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 sum of Two hundred and fifty
Three pounds Sixteen Shillings Lawfull money of New York be
Lay'd assessed, Levy'd and Raised upon all and every the Inhab-
itants, Residents, Sojurners and Freeholders of and in this Colony
of New York according to the Rates and Proportions following
(that is to Say) For the City and County of New York fifty four
pounds Eighteen Shillings. For the City and County 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 Richmond 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 Receipt 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 appointed
LAWS 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 Regulations, 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 all Intents
Construction and purposes whatsoever 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 to
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 Incomes
of the City of New York are at present 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 agree 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
79
626
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
Council to be made as aforesaid the Mayor of the said City for
the Time being shall forthwith thereupon Issue his Warrants to
the Assessors and Collectors 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
same 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 Aldermen and Comon Council
or any Nine 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 have 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 from over the Chamber
where the Generall Assembly of this Colony now Sitteth to some
other place; One hundred and fifty pounds more part thereof to
be used applyed and appropriated 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 to 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
sums 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 Restoring 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 York
LAWS OF THE COLONY OF NEW YORK.
627
•
any thing in this Act or any Law usage or Custom of the said
Corporation of New York to the Contrary hereof in any wise
notwithstanding.
And be it further Enacted by the Authority aforesaid that the
Assessor and Collector 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 County of
New York without the Limitts and Jurisdiction of the City of
New York for the Assessing and Collecting that part of the said
County 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 among 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 present
Majties Reign Entituled An Act for the Levying & Collecting
the Sume of Eighteen hundred pounds for ye raising paying &
maintaining 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 Frontiers 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 with the Interest to
Six hundred and forty Six pounds thirteen Shillings and four
pence borrowed on the Creditt of that Tax remaines unpaid and
whereas it is reasonable that her Majesties Revenue Should
make good what has been Borrowed out of That Tax and Dis-
burst for the ordinary Charges of the Government Be it Enacted
by the Governour Council and Assembly and by the Authority
of the same That the Collector and Receiver Generall for this
Colony or Such person or persons as for the time being shall
Execute that office shall pay out of the first money That shall
Come in to his hands on any Branch of her Majesties Revenue
whatsoever, the said Sum of Six hundred and forty Six pounds
628
LAWS OF THE COLONY OF NEW YORK.
thirteen Shillings and four pence Currant money of this Colony
to Colonell 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 Colonell Peartree and the Overplus to be paid into the
Treasurer of the Colony for the Time being for such Uses as the
Governour Council and Assembly shall appoint and Direct.
Provided always That this Act nor any thing therein Con-
tained shall not be Construed nor extend to Release or Discharge
any person or persons who have or has Received and misapply'd
any of the said Tax or any other Taxes save only for so much as
by Virtue hereof shall be paid in manner before exprest any
thing herein Contained 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 Colonell Peartree on or before the said
third day of December next according to the true intent and
meaning of this Act then and in such Case it shall and may be
Lawfull for the said Lord Viscount Cornbury, Gerrard Beekman
and Caleb Heathcote or Either of them his or their Executors
and Administrators by Virtue of this Act to have an Action
against Colonell 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 Commissioners 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 recovery of the said Seven hun-
dred pounds and no more
[CHAPTER 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 have
happened in this Colony.
[Passed October 30, 1708.1
Whereas Several persons upon extraordinary Emergency for
the Defence of the ffronteers and other occasions have advanced
LAWS OF THE COLONY OF NEW YORK.
629
Money and done Services, and it being highly reasonable that
such persons should be duly paid, Be it therefore Enacted by the
Gov Council & Assembly & by the Authority of the Same, That
ye Sum of Seven hundred fifty Six Pounds & four shillings cur-
rent Money of this Colony be laid assessed levyed and raised upon
all 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
& 11d
For Suffolk County one hundred twenty eight Pounds nine shills
& 11d
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 twelve shillings & eleven
pence
For Dutches County Twelve pounds Twelve Shillings & eleven
pence
And that the Same be paid in to Coll Abraham D'Peyster 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 Cuyler being the Sum the Commissioners for the
Indian affairs at Albany and others borrowed last Winter of
Coll Abraham D'Peyster 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 Pounds
630
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 the Charge of the Expedition 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 Authority 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 Fifty Six Pounds and four Shillings
shall be laid Assessed raised collected and paid in Such manner
and under such Restrictions and Regulations 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 Declared Provided and expressed, to all intents
constructions and purposes whatsoever, as if the Several Clauses
Proviso's and Limitations in that Act were at Large herein
Recited and Set down
And Lastly be it Enacted by the Authority 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 Conspiracy
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 all and
every Negro Indian or other Slave or Slaves within this Colony
who at any time after the Execrable and Barberous Murder
comitted on the Person and family of William Hallet Junr late
of New Town in Queens County Gentleman Deceased have has
or shall Murder or otherwise Kill unles by Misadventure or in
Execution of Justice or Conspire or attempt the Death of his her or
their Master or Mistress or any other of her Majesties Leige
People not being Negroes Mulattos or Slaves within this Colony
and shall thereof be Lawfully Convicted before three or more of
her Majesties Justices of the Peace One whereof to be of the
Quorum who are hereby authorized and Empowered to hear and
determine 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 they 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 AND be it further Enacted by the Authority
aforesaid that the Owner or Owners of Such Negro or Indian
Slave or Slaves to be Executed by Virtue of this Act shall be
paid for the same in the like manner and under the same Regu-
lations as is declared 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 away of Negro Slaves
out of the Citty 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 Pounds
632
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 confirmed by the Queen, December 15, 1709. See chapters 154
and 270.]
AN ACT for the Explaining, An Act
Entituled An Act for the Laying out Regulat-
ing 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 Common 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 Towns precincts by and thro' which lands
any Common High Ways have Used to Run or have been ascer-
tained and Lay'd out are and Shall be hereby bound and obliged
to Cleer preserve and maintain the same High Ways by
cutting up the brush pulling up all Stones great and Small
that Can be raised & Carried off the bredth of a Rod and the
Limbs of all Trees hanging over the said rodes to be Lopt and
Carried off and so often as they or any of them shall have Notice
from the Commissioners or Surveyors or Overseers of the High
Ways for the time 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 person shall neglect or refuse such Ser-
vice to be Levyed 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, Returning the Overplus of such
Sale to the Owner.
And Be it Enacted by the Authority aforesaid That where
any High Way from Any Town or Plantation to any Meadows
Mills Watering Places or Common Landing Places shall Ly
adjacent by or thro any particular persons Grounds it Shall and
may be Lawfull for any such person or persons to place and hang
LAWS OF THE COLONY OF NEW YORK.
633
goods easy Swinging Gates on such high ways and the Same
Gates make Set up and keep at his her or their own proper
Costs, Labour Charges and Expence and the Severall Gates all-
ready allow'd Directed and appointed by the Commissioners
abovesaid are Ratifyed approv'd and Confirm'd by Virtue of this
Act and the same Highways shall be amended, Cleer'd and
Maintained by the Inhabitants of each 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 Gate
or Gates such person or persons shall be Lyable and Chargeable
to make good and pay all 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 Gate or Gates
by an action on the Case to be grounded on this Act hereby
given and to be brought by him 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 County of West Chester
have been formerly refractory and have wholly Refused to assist
in Repairing the High Ways.
Be it Enacted by the Authority aforesaid that all 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 have formerly neglected or else be Lyable
to pay the Sum of three Shillings per day to be recovered as is
provided by others offending or Refusing as in and by this Act
is Declared.
[CHAPTER 183.]
[Chapter 183, of Livingston & Smith and Van 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
80
634
LAWS OF THE COLONY OF NEW YORK.
Subjects, by Letter's Pattents under the Great Seale of this her
Majts Collony, wch Notwithstanding Severall Clauses, and Pro-
visos, in Said Letter's Pattents, whereby those to whom the Lands
were Soe granted were within a Certaine time to Settle and
Improve the same, or Some Part or Parcell thereof; în Order that
Setleing Improveing and Peopleing might be promoted thereby,
and Contribute one to each other, Yet the Same being held by
Virtue of said Letter's Pattents, by diver's Persons as Joynte
Tennants or tenants in Common with other's of any Estate of
Inheritance whereof Some dying, and Some other's being Call'd
out of the Province, by their owne Private Affaires before any
dividend made the rest Could not divide to this day, nor Conse-
quently Improve the Said Tract of land without taking out Writts
of Partition wch Method's being both tedious and Expensive, not
to be Brought to an end but by Such Charges and Expences, wch
if Spar'd would have 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 have left and Should Still leave them
uncapable of reaping themselves or procuring to her 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 time of Passing this Act
all Joynt Tennants, and Tennants, in Comon that now be or
hereafter shall be of any Estate, or Estates, of Inherittance in
their owne rights, or the right of their Wifes, of any Lands
Tennants or hereditaments within this Collony, Shall and may
by Virtue of this present Act make Partition between themselves,
by the Consent of the Major part of those here Living; of all Such
lands Tenemts and hereditaments as they now hold or hereafter
shall hold as Joynt Tennants or tennants in Comon; or of any
part or parts thereof and Shall or may at any time and times
by Virtue hereof with the Consent aforesaid lay out and Allott
each persons Share, or Shares, lott or Lotts, & proportions of all
Such Lands, Tennents, & hereditamts, or of any part or parts
thereof till they think Convenient to have the Whole divided and
leave nothing in Comon amongst them; and all Such Partitions
that Shall be soe made Shall be as good & Effectuall to all intents
and purposes, and Soe taken and to hold in Law, as if the Same
had been made by and with the Will Consent & Concurrence of
all the Persons Originally Concerned therein, the Very day the
•
LAWS OF THE COLONY OF NEW 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 all
Person or Persons, Concern'd in Such partitions as well liveing
Abroad as here Shall be Bound thereby any Law Usage or
Custome to the Contrary in any wise Notwithstanding.
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 Private be made between a few of the parties therein Con-
cerned, to the Prejudice 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 Citty hall of New 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.
AND IT IS HEREBY further Enacted by the Authority afore-
said, that Such divission as is before directed be made by draw-
ing of lotts in the presence of three Indifferent 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 Names
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
have 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 have
and receive after the rate of Five Shillings Each, 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,
that the survey made of the lands, Tennamts, and Heredita-
ments, or of any part or parcell thereof, intended to be Divided
Shall be made by the Surveyor Generall, or Some other Sworne
surveyor or by any three Neighbours Men of knowne Intellijence
and Integrity, to be Ellected and Named by the Majority of the
Dividors who shall upon Oath lay out and divide the Same in as
636
LAWS OF THE COLONY OF NEW YORK.
many lotts as there are Persons Concern'd therein; and as
Equall as possible in regard both to Quantity, and Quallity,
which Lotts so made shall be Numbered or markt gradually from
one, to the number of the Dividors or Parties Concern'd in the
division; and the Said Lotts Soe Numbered Shall be drawne
fairly and Publickly in the presence of Such persons to be
Appointed as Aforesaid in Such 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 all Person's Concern'd in the premisses 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 from 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 happenning in manner aforesaid to
all intents and purposes as if the same divission had been made
by Writt of Partition prosecuted in any Court of Judicature
Within this Collony 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
all intents and purposes whatsoever.
LAWS OF THE COLONY OF NEW YORK.
637
JOHN LORD LOVELACE, GOVERNOR.
[No acts were passed during the administration of Lord Lovelace.]
THE TWELFTH ASSEMBLY.
First Session.
(Begun Apr. 6, 1709, 8 Anne, Richard Ingoldesby, Lieutenant
Governor.)
[CHAPTER 184.]
[Chapter 184, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1709 ed., pp. 84, 86;
Baskett, p. 95. The act expired October 1, 1709.]
AN ACT to prevent the Transportation
of Provisions
[Passed May 24, 1709.]
The present 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 or. Cause to be Transported by Land or
Water, or put on Board any Boat, Canoe or Vessell whatsoever,
in order to Transport any Sort of Provision out of this Colony,
(Flower & Bread Excepted) before the first day of October 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 Colony, on the Oath of one or more Credible 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 Colony, for & towards the Charge of the present Expedi-
tion to Canada, & the other half to the Informer or he that will
sue for the same.
PROVIDED, 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 Vessell to be Laden with Provisions for this
Present Expedition, may be Shipt on Board and Exported, by
Lycence under the hands and Seal's of the four Commissioners
appointed for New Yorke, by Act of Genll: Assembly for
managing the Expedition to Canada.
638
LAWS OF THE COLONY OF NEW 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.
Rel, to Col. Hist. of N. Y., V, p. 157.]
AN ACT 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, demand Receive or Take any greater or other Fee
or Fees, Sum or Sums of money for his or Their Reward and
Discharging his or Their Duty or Dutys in Their Respective
Offices Than herein after mentioned Viz:
FOR THE GOVERNOR.
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 of 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 Certificate under his hand and Seal to go beyond Sea
Ten Shillings;
For a Lisence to purchase Land of ye Indians Twenty Shillings
THE SECRETARY'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 New 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 pound
LAWS 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 Depositions of Witnesses to a will Ingrossing
the will and Probate &c:- and recording the same P every Sheet
Each sheet Containing Four and Twenty Lines And Eight words
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 affixing the Seal for Each Nine
pence.
Filling the ffiat 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 Depart 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 OF NEW YORK.
THE CLERK OF THE COUNCILS FEES
The Reading A Petition in Council for money, to be Gratis
Reading a Petition in Council for any other matter one Shilling
and Six pence
For filling A Petition Six pence
An order of Council one Shilling and Six pence
Filling any other paper by order or on Request Six pence
Coppy of an order of Council one Shilling and Six pence.
For Attending the Committee of the Council on A Referrence
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 Petition 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 Indians,
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 Prepare a
Pattent writing The same Fair and Entring it in the Book Three
Shillings
For A Warrant for Payment of money Nine 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 Assent 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 miles 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 appearance 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 OF COMMON
PLEAS
For all 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
Come Befor the Justices to be Examined upon any Case Crim-
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
?
81
642
LAWS OF THE COLONY OF NEW YORK.
For Entring the Defendants 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 Petition &c: in Court 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 Defendant 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 Plaintiff when he is not a known
ffreeholder one Shilling and Six pence
For Drawing Declaration Three Shillings
For filing the same Three pence
For Discontinuance or Retraxit Nine pence
For Altering the Declaration and admitting the Defendant in A
Declaration of Ejectment one Shilling
For Entring every motion and the Rule thereon Nine pence
For entring the Defendants appearance Four pence halfe penny
For Takeing Special Baile in Court or out one Shilling and Six
pence
For Drawing every Plea Replication 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 Habeas Corpora Juratorum one Shilling
For Supena for every Evidence four pence halfe penny
:
LAWS OF THE COLONY OF NEW YORK.
643
For Reading every Evidence in Court four pence halfe penny
For Bringing a Particular Record into Court Nine pence
For swearing every Evidence four pence halfe penny
For swearing A Constable four pence halfe penny
For Receiving and Entring verdict Nine pence
For Entring Sattisfaction on Record Nine pence
For Entring Judgment Nine 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 Returning 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 to Deliver to the
Partys one Shilling and Six pence
For Drawing up a Justices Record 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 &c: Three Shillings
For every writt of Inquiry Two Shillings and Three pence
For Drawing and Ingrossing the Inquisition one Shilling and
Six pence
For Recording Deeds and other Writings not Exceeding Four
and Twenty Lines And Eight words to A Line one Shilling P
Sheet
For makeing A Record and filing in the office Three Shillings
For Indorsing the Probatt or acknowledgement of any publick
Instrument in Court, or Out one Shilling
For Searching the Records within one year Nine 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 SHERIFFS FEES FOR THE SUPREAME 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 Returning A writt Nine pence
For A Venire Three Shillings
For Returning the same Nine 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 & Return Two Shillings and Three
pence
For Every person Committed into the Common Prison Three
Shillings
THE CRYERS FEES FOR THE COURT OF SESSIONS AND COM-
MON PLEAS.
For Calling A Jury Each Cause Nine pence
For Calling Every Witness four pence halfe penny
For every Verdict Nine pence
For Calling Each Action Nine pence
:
For the Person That shall Ring the Bell or Beat the Drumm
each Action Depending in Court Nine 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 Declaration Six Shillings
For Drawing A Plea Three Shillings
For A Pleading Fee upon Tryall Ten Shillings
F
For Every Terme not Exceeding Three Courts Six Shillings
The Lawyers Fees for the Court of Sessions Mayors Court and
Court of Common 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 Shillings
LAWS 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 same and filing the Tickett one
Shilling and Six pence
For filing a Declaration Six pence
For Entring An appearance Six pence
For A Coppy of Declaration one Shilling and Six pence
For filling all 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 to A Line one
Shilling
For Drawing A Special verdict P Sheet as aforesaid one Shilling
For A Summons to Attend, to Strike A Speciall Jury Nine pence
For attending and Striking a Special Jury and delivereing A
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 Nine 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 pence
646
LAWS OF THE COLONY OF NEW YORK.
•IN CRIMINIAL CAUSES.
For A 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 Process against A Person an Information Nine pence
For A Lisence to Compound with an Informer Nine pence
For The Plea not Guilty to an Indictment or Information four
pence half penny
For Drawing all pleadings P Sheet Copywise one Shilling
Twenty four Lines to A. Sheet and Eight words to A Line
For Copy 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 Copy 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 payment of Costs 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 Coppy of Every such order or Rule Nine pence
For Every Capias to fine one Shilling and Six pence
For takeing and Drawing up every Special verdict P Sheet Copy
wise Twenty four Lines and Eight Words to A Line one Shilling
For Coppy thereof P Sheet one Shilling Twenty four Lines and
Eight Words to a Line
LAWS OF THE COLONY OF NEW YORK.
647
7
THE CRYERS FFEES IN THE SUPREAM COURT
For Calling Each Action Nine pence
For Calling Jury Nine pence
For swearing A Wittness four pence halfe penny
For Every Verdict Nine pence
For Discharging every Person 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 Special 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 writt 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 out of Court and Drawing the Recog-
nizance one Shilling and Six pence
For filling every Plea Replication 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
penny
648
LAWS OF THE COLONY OF NEW YORK.
For Swearing A Constable to keep a Jury four pence halfe penny
For Recording A verdict Nine pence
For Entring Judgement Nine pence
For A Coppy thereof if Required Nine pence
For Entring Sattisfaction on Record Nine pence
For makeing up a Record in form and Entring the 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 Mortgages Conveyances and other Writings
at Twenty Four Lines P. Page and Eight words in A Line one
Shilling
THE CLERKS FEES OF THE COURT OF SESSIONS IN NEW YORK
For Drawing Every Indictment and Ingrossing Three Shillings
For Reading Every Indictment or presentment 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 A Coppy if Required Nine pence
For A venire facias one Shilling and Six pence
For swearing Jury one Shilling and Six pence
LAWS 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 Nine pence
For Entring Judgment one Shilling
For a Copy if Required Nine pence
For makeing up Record in form and Entring the same Six
Shillings
For a Copy of Every order or Rule of Court Nine pence
For takeing Each Examination out of Court Nine 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
Nine pence
For the Allowance and Recording a Warrant of Noli prosequi
from the Attorney General against every Person in every Indict-
ment Two Shillings
Fr the Allowance of every Cessat 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 SUPREAM COURT
For Every Action in Court, every Court Day Nine pence
For Swearing Every Evidence on Tryall four pence halfe penny
For Every Person Committed
For Discharging Every Person by Proclamation four pencé halfe
penny
For Ringing the Bell for the Supreme Court, for every Cause
Depending Nine pence
THE JURY'S FEES.
For Every Cause in the Mayors Court and in the Inferior Court
of Common Pleas one Shilling
THE ATTORNEY GENERALS FEES
For Special pleas Confessed by the Attorney Generall on Scire
facias and Extents Nine Shillings
For Pleas of Out Lawry Confessed Nine Shillings
82
650
LAWS OF THE COLONY OF NEW YORK.
For the Draft of A Pattent Confirmation Grant or Charter one
pound Ten shillings
For Entring Every Cessatt processus or noli prosequi for Each
Defendants 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 FOR 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 Every Certificate of goods Landed where Bond is given
Abroad one Shilling And Six pence
For A Corquet after Clearing one Shilling and Six pence
For A Clearing Six Shillings
SHIPS OR OTHER VESSELS BURTHEN UNDER SIXTY TUNS
AND MORE THAN TWENTY TRADING INTO OR OUT OF THIS
PROVINCE
For Every 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 Every 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 OF TWENTY TUNS OR UNDER COMING OR
GOING OUT OF 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 FAR 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 pence
LAWS 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 Parchment the whole Charge thereof
not To Amount to above 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 thing which Relates to Shipping upon any pre-
tense whatsoever
THE CLARK OF THE ASSEMBLIES FEES
For Reading and Entring every Petition 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 all Committees and
Drawing up Resolves &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 Petition 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 Coppy 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 Petition One Shilling
652
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 Resolve of ye House that the Bill pass one Shil-
ling and Six pence
For the Subscription to the Bill and Resolve 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 all 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 Coming 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 Petition Nine pence
THE SURVEYORS FEES
For a peice of Land if under one hundred Acres Fifteen Shillings
If more for every day he Serveys 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 Survey Ten Shillings
THE PUBLICK NOTARYS FEES
For Protesting a Bill of Exchange Six Shillings
For All other Protests Twelve Shillings
For Noting A Bill for non-acceptance Three Shillings
BE it further Enacted by the Authority 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 or
LAWS 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
all 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 All 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 All 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 always that Nothing Contained in the Abovesaid Act
for Regulateing Fees shall be Construed to hinder or obstruct the
Mayor Aldermen and Commonality of the Citys of New York and
Albany To take such Fees and Perquisites for Lycenses Free-
domes or other Things Incerted in their Respective Charters, as
They heretofore usually Have done, or by Virtue of their said
Charters might have Done, Any Law Custome or usage to the
Contrary in any wise notwithstanding
And be it further Enacted by the Authority aforesaid That
the Fees or Perquisites herein mentioned to be for the Use of
the Governour Shall From Time to Time be Received by the
Secretary of the Colony For the Time being who is and Shall be
Accountable for the same to the Governour when he shall please
to Require it
Provided always That this Act and Every Article and Clause
herein mentioned shall be in full Force and Effect to all intents
and purposes until the first Day of May which shall be in the
Year of our Lord One Thousand Seven hundred & Twelve & no
longer.
?
654
LAWS OF THE COLONY OF NEW YORK.
[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 Expedition 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 Estates, real and personal, of all 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 Majesties 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 Ulster, 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 Expedition
to Canada, and to no other use, intent or purpose whatsoever, to
be Issued and paid by the said Treasurer, by Warrants under ye
hands of Capt Robt Walters, Capt. Lawrence Reade, Capt. John
LAWS OF THE COLONY OF NEW YORK.
655
DePeyster, and Capt, Robt.Lurting (or of any three of them) who
are hereby appointed Commissioners (and Mr. John Walters to
be their Clerk) for mannaging the said Expedition, in relation
to purchasing and procuring provisions and other necessarys for
Victualling the forces to be Raised in this Colony, and Building
the Store Houses near the Lake leading to Canady, and boats
and Canoes for the watter passage, and transporting men and
materials over the said Lake; the said Warrants to Express to
whom, for what Service, or for what Materials, in about, and
Relating to the said Expedition; wch said Warrants shall be to
the said Treasurer a good and Sufficient Discharge for so much
Expressed in the same warrants, to be paid by Virtue thereof,
as also for the payment of any moneys that shall be advanced
toward the Charge of the said Expedition, out of any publick
money the said Treasurer has or shall have in 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 regulations, pains, penalties And forfeitures 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,
Declar'd, provided and Expressed, to all Intents, Constructions
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
Nine 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 all other
Necessarys for the said Expedition, 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 Expe-
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 all 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 Canoes or other Vessels 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 think fitt, towards the perform-
ance of the premises; and that the said Commissioners, or any
under them, shall have power to order and Comand, and Impress
all such person or persons, Waggons, horses and Canoes, and
other necessarys, as to them shall seem meet, to be assistant in
the said Expedition; and further, that the said Commissioners
do keep or cause to be kept a distinct Account of their proceed-
ings in the premisses, and may for that purpose choose and employ
a Clerk, and that for the payment 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 all
Such Sum and Sums of money as Shall be by him so recd and
paid, and such Accott give and render at all 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 Expe-
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
come 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 all 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
Expedition, 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 all
away all or any provisions or Such
materials they Shall find, and Judge necessary for the
Expedition aforesaid, and pay such reasonable rates and prices
they shall think Equitable, for any Labour, provisions or
LAWS OF THE COLONY OF NEW YORK.
657
hire of men, horses and Carts, waggons and Vessels for trans-
portation, what shall be so taken and Seized, as aforesaid; and
such officer or officers 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
Authority aforesaid, That no Justice or Justices of ye peace shall
have power or jurisdiction to Inspect, take Cognizance, hear or
determine of any Assessment or rate to be made by virtue of this
Act, or to fine or Imprison any assessor or Assessors for unequ-
ally And partially assessing any mens estates, to be rated and
Taxt by Virtue of this Act, unless Such Assessor or Assessors
shall be duely Convicted before them, by the presentment 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 Subsequent 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 Experience that the Sell-
ing or giveing rum to the Indians hath been very Prejudicial 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
wthin the County of Albany shall
83
658
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 Convicted 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 whatsoever to have offended Contrary to ye Intentions
of this Act, to send for him Her or them so Suspected & to tenår
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
same shall be thereby 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 esteem'd or Constructed to Extend to
Prohibitt or debar the Commissioners for manageing the Indian
affairs any Justice of ye Peace or Commissione officer 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
notwithstanding.
LAWS OF THE COLONY OF NEW YORK.
659
[CHAPTER 188.]
[Chapter 188, of Livingston & Smith and Van 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 Van 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 Same, That four hun-
dred Eighty Seven 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 Lieut Govr
shall direct and appoint in order to march on the Expedition to
Canada. Which Men shall be levyed in the Manner following,
vist
From the Citty of New York fifty five Men, the Carpenters and
other Men detacht to assist the Engineer being part of
their Quota
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 effectual raising the Said Men according
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 Field 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 all their Male Inhabitants Residents & Sojourners in each
respective Town whereto they belong, from Sixteen to Sixty to
660
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 all and every 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 Expedition, 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 all and every such Offender and Offenders. 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 further Enacted by the Authority aforesaid, That for
the more equal Detaching the Men hereby appointed to go on the
Said Expedition the Captain or other Officers Shall and are hereby
Impowered respectively to Detach what number he shall think fit
of the wealthiest 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 Expedition 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
Executors or Administrators from the time 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 Day and their provisions, besides the Queens
Bounty, to be paid to them their Executors or Administrators,
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 shall be returned by the Captain or other
Officer to go as aforesaid, Shall deny or Delay to go on the Said
Expedition, 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, well equipt according to the Act entituled
An act For Settling the Militia of this Province, Shall forfeit
and pay 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 can 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 all
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 respectively liable to the forfeiture of Six Pounds as above-
said. All 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 Assembly for the time being, their Sons,
the Officers of the Council and General Assembly, the Clergy, nor
any 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 Expedition or required to send or find any
person in his or their stead, or be lyable to be fined or forfeit any
Sum or Sumes of Money thereon, or be chargeable with any
default herein before mentioned, any thing herein or in any
other Act contained to the Contrary 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 levy the Sum of One hundred Pounds upon all and
every the Inhabitants and Residents of the Said County, and
Twelve Shillings upon all and every the Male Inhabitants thereof
from Sixteen to Sixty years of age and upwards to be equally
· 662
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 Expedition.
And be it further Enacted by ye same 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 Volunteer on the Said Expedition
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 Volunteers 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 Expedition Shall receive and be paid the Sum
of Twelve pence P Day after he or they shall return from ye Said
Expedition 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 Expedition his Widdow
or Children Shall be paid the Sum of Money pr Diem which he
was Intituled to receive by Virtue of this Act till the Said Expedi-
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.]
AN ACT for Laying an Excise on all
Liquors Retailed in this Colony.
[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'd
LAWS 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 all Liquors, retail'd thro' out
this Colony, under the Quantity of Five Gallons, To witt, The
Sum of Twelve pence, Current money of this Colony for each
Gallon so retail'd (Beer and Syder only Excepted) and like wise
the Sum of Six Shillings for every Barrel of Beer and Syder.
And be it further Enacted by 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
Outery 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 Reside 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 time it is to be lett, Signifying, that at Such
times & places the Excise of Such Cities & Countes 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 any of the Cities, Towns, or Counties, on the dayes
appointed, on which they are to be let, 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
all and every person and persons that Shall farme the Excise as
aforesaid, with 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 deny or Refuse to let to Farme
the aforesaid Excise in manner abovesaid or to put this Act in
Execution so far as they are requir'd and Impower'd according
to the true Intent & meaning hereof, That then he or they so
offending shall each of them respectively forfeit unto Her Ma'ty
Her Heires & Successors, the full and Just Sum of Twenty
664
LAWS OF THE COLONY OF NEW YORK.
pounds Current money of New York to be recovered in any of her
Ma'tys Courts within this Colony by any person or persons, who
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
Ma'ty Her Heires and Successors to be paid into the said Treas-
urer and apply'd towards the Support of this Government & 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
express'd, the Mayors & Aldermen & Justices of the l'eace, of the
severall Cities & Counties, respectively, shall and may either
agree 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 have
paid, to be paid into the Treasurer Quarterly as aforesaid, or
other wise make Such Retailer or Retailers, enter into Recogni-
zance with Sufficient Sureties for the true & due payment 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 all retailers of Strong Liquors within this Colony,
shall upon the receipt of all, such Liquors before Express'd and
Exciseable come to the Farmer of the Excise in each Town, City
and County, where Such Retailer shall dwell and make entry of
all Such Liquor or Liquors as they shall buy, or receive, and pay
Such Duties as are hereby appointed, within Twenty Four
hours, or at Such Convenient time, as the Farmer of Excise shall
appoint, and on Default thereof, all such Liquors as shall be
found in any Retailers house or Warehouse; Cellar, or other
place belonging unto him or her within this Colony, and have 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
Credible Witness, before any Justice of the Peace within this
Colony, the said Retailer or Retailers, so offending in the prem-
ises, shall forfeit all 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 same, 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
discretion, Solely to hear and Determine the Same, and to Issue
his Warrant for Seizing all such Liquors to be forfeited as afore-
said and for comitting to the Comon Jaile all Such Retailers of
:
LAWS OF THE COLONY OF NEW YORK.
665
Liquors, who have not entred and paid the Duties aforesaid, and
shall be so Convict thereof, there to remain without Baile or
Mainprize untill they shall Sattisfy and make payment, of three
times the Value of Such Liquors Seized & forfeited as aforesaid,
as also for the Arresting, and causing to be brought before him
any person or persons inform'd against, for retailing without
Lycence Provided, that he her or they have 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 being duely
Lycenc'd shall either by Land or by Water, at any time presume
to Sell by Retail any Strong Liquors, that is to say any quantity
under five Gallons as aforesaid the person or persons so offend-
ing shall forfeit and pay the Sum of Ten pounds Current
money aforesaid for every Such offence being thereof Con-
victed in manner aforesaid, to be Apply'd and paid as aforesaid.
And be it also Enacted by the same Authority, and it is
the true Intent & meaning of this Act, That no retailers of
Liquors under five Gallons, or any other, that shall sell any
Strong Liquors shall receive any such into their Houses, Cel-
lars or Warehouses or into any other place in the Citys 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 to the best of their knowledge of
all such Liquors delivered by them to any such retailer under
the penalty of being turn'd 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 Thomas
Byerly 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
have Excercis'd that Office, do accot to the present 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
recover & receive the same.
84
666
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 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
Credit 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 Credit
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 Viz:
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 accordinly accepted by the Treasurer of this Colony
for the time being in all publick payments and for any fund at
any time in the Treasury Dated, New York Thirty first of may
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 Expedition 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-
ment to be made for Debts Contracted, or yt shall be Contracted,
and the tender of the said Bills for the payment 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 all Intents Construction and purposes, as if the Current
LAWS OF THE COLONY OF NEW YORK.'
667
Coin of this Colony had been offered and tendered to any person
or persons whatsoever for the Discharge of the same or any part
thereof.
And be it further Enacted by the Authority aforesaid, That the
said Bills of Credit shall be printed and numbered, expressing in
every of them, the sum of money they shall be Current for, and to
prevent the Counterfeiting any of the said Bills they shall be
Dated, and Indented on the top thereof with the Arms of the
City of New York Stamp'd or printed on the left Side thereon,
towards the bottom of every of the said Bills, and the Indent
shall pair with and Suit 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
tenor and Date and so neer in Similitude in all Circumstances
as possible may be, to such Bills of Credit that are Issued
and made Current in payment as aforesaid four hundred of
which said Bills shall be for five pounds each Bill, Six hun-
dred of them for forty Shillings each, Six hundred of them
for Twenty Shillings each, one thousand of them for ten Shill-
ings each and Two thousand Eight hundred of them for five
Shillings each Bill amounting to in all five thousand pounds
and Delivered by the Signee as soon as Conveniently may be
to the Treasurer of the Colony for the time being to be by
him paid for such provisions and necessarys purchased towards
the said Expedition pursuant to the Warrtts of the Commis-
sioners mentioned in an Act Entituled An Act for Levying
Six thousand pounds
Provided always, and it is the true intent and meaning of
this Act that the said Signees shall not sign a greater num-
ber of the said Bills of Credit than what Shall amount to, or
pass, or be Current, for more than five thousand pounds Cur-
rent money of this Colony.
And be it further Enacted by the Authority aforesaid, That
for the better Currency of the said Bills the Treasurer of this
Colony for the time being shall and is hereby required and
directed to take and receive all and every the said Bills accord-
ing to the Value therein Express'd with the proportionable
advance of Two and a halfe P cent on all and every of the
Bills that Shall be offered and tendred to him the said Treas-
urer for any money due for the first payment of the said
Six thousand pounds tax And five P cent, on all and every
the Bills that shall be offered and tendered to the said Treas-
urer for money due for the Second payment of the said Six
thousand pounds tax and Seven and a halfe per cent on all
and every the said Bills that shall be offered and tendered to
668
LAWS OF THE COLONY OF NEW YORK.
the said Treasurer for money 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 him the said Treasurer who are hereby
required and directed to meet and Join with him to Examine
and Compare the said Bills and Cancel the same taking an
Account of the Number and Vallue 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 or General
Assembly for the time 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 Signees shall take an Oath before
the Mayor of the City of New York for the time being in the
words following, I, L: R: do on the Holy Evangelist Sincerely
Sware that I will to the best of my knowledge and Skill
truely, honestly and faithfully Discharge the trust reposed in me
relating to and Concerning the Signing and Issuing Bills of
Credit 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 Credit shall incurr the pains and
penalties of Felony without benefit of Clergy and Suffer
accordingly.
And be it further Eracted by the Authority aforesaid, that
the said Bills of Credit 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 according 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
five thousand pounds of the Six thousand pounds to be rais'd by
an Act for Levying Six thousand pounds, pass'd this Sessions,
Shall be paid to the said Treasurer in the said Bills of Credit
and in no other Specie wtsoever.
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 ACT for Levying 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
Estates, real & Personal of all & every 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 the other
Two Thousand Pounds, remainder thereof, at or before the Last
Day of November 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 five
Pounds Ten Shillings
Kings County, Seaven 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 Ulster, Three hundred Eleaven pounds ten
Shillings
The County of West Chester, Two 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 given &
Granted to her Majesty, her heirs & Successors, to be applied
for the payment of such of the four hundred Eighty Seven Men
of the Militia of this Colony appointed to Serve in the Expedition
to Reduce Canada, as shall appear, on the return of the forces,
to have Served, & to & for no other use, intent or purpose what-
soever. That is to Say, A Colonel at twenty Shillings P Day, a
670
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, above their provisions.
And be it further Enacted, by the authority aforesaid, That
a Muster-Roll of the names of all 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 detachmt or Enter the
Volunteirs, as aforesd, within a month after such Listing or
Detachmt, to remain with the Treasurer for the better
regulating the payment of the forces to Serve on this Expedi-
tion, under the penalty of ten pounds on Each Officer who shall
make default herein, to be recovered by Action of
debt or informacon in any of her Majesties Courts, the one
half to her Majesty, to be 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
Certificate 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 Certificate of the Commissioners for mannageing the Affairs
relating to the provision & all other necessarys for the sd Expedi-
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 &c That for the better Assessing,
raising, Collecting & receiving the said Sum of Four 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 & respective
Cities & Counties within this Colony, for which they shall be
Justices of the peace do within forty days after the publica-
con hereof assemble & meet together in the Court-houses for
the several & respective Citys and Countys, or such other place
or places as they shall agree among themselves, & there shall
order yt the assessors and Collectors for the several & respec-
tive Citys, Towns, Mannors Liberties & precincts within their
LAWS OF THE COLONY OF NEW YORK.
671
Several Jurisdictions for the Assessing & Collecting 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 & Collecting the said four Thou-
sand pounds, according to the proporcons before Express'd, 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 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 Enacted 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-
ties or precincts are, are hereby required, Impowered & Author-
ized to nominate & appoint assessors & Collectors for such
Towns, Mannors Liberties & precincts, wch Assessors & Col-
lectors shall, to all intents & purposes, Observe the Directions
of this Act, as any other Assessors & Collectrs are by this Act
Obliged & Enjoyned to do
And if any Assessor or Assessors Chosen or Nominated and
appointed in manner & form aforesd, shall unequally & par
tially assess any persons Estate, to be rated & tax'd by Virtue
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 &
they shall fine & Ransom for such their Offence, the one half
of such fines to be to her Majesty, her heirs & Successors, to B
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 & Coun-
ties, have, & shall have power & Authority, by Virtue of this
Act, & 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, & 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 make
672
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 & Countys where such
offendors shall happen to dwell or reside (who are hereby
required & Impowered to hear, determine & 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 they shall fine & ransom for such
contempt, as 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 & 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 reside, 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 Collectrs, 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-
all care yt this Act be duly Executed, according to the true intent
& meaning thereof, shall deny, refuse, neglect or delay to do,
perform & Execute all or any of the powers, Dutys & Authorities
by this Act required by him or them to be done, & 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 discretion 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, Bili, 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 special matter in Evidence, & if the plaintiff or prosecutor
LAWS OF THE COLONY OF NEW YORK.
673
shall be non-suited, or forbear further prosecucon, suffer dis-
continuance or Verdict to pass against him, the defendant or
defendants shall have trebble Costs, for which they shall have
like Remedy, as in case where Costs by Law are given to
Defendants.
PROVIDED ALWAYS, That no Mayor, Aldermen 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 Citys & Countys in this Colony, the Sum of Nine
pence P pound be Assessed, raised, & paid to the respective Col-
lect'rs, & six pence P pound be paid to the Treasurer aforesd, &
that the sd Treasurer shall keep a true and exact Account of all
Such Sum & Sums of Money as shall be by him so received & paid,
& such account give & render, at all 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
all Liquors retailed in this Colony, Be it Enacted by ye same
Authority yt no Collectr nor Commissionr 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 present Expedi-
tion to Canada, in relation to purchasing & procuring Provisions,
& all other Necessarys for Victualling the forces to be raised in
this Colony, and building the Store-houses near the Lake leading
to Canada, & Boats & Canoes 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 Credit of an
Act passed this Sessions, entituled, an Act for Levying Six
Thousand pounds, which Sum the said Treasurer is hereby
Impower'd & directed to pay accordingly.
And be it Enacted &c by the Authority aforesaid, That all &
every the Carpenters Impressed out of the said Citys of New
85
674
LAWS OF THE COLONY OF NEW YORK.
York and Albany, to Serve on the said Expedition, shall not be
Obligd to go further than the place where the forces, detacht
for the said Expedition, shall Embark, and having finished the
work for them design'd, shall have 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 Governour Council and
General Assembly, and by the Authority of the same. That all
and every Clause and Clauses matter and thing mentioned
Express'd and Imply'd in one Act of General Assembly entitul'd,
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 Maties Reign in any precedent or Sub-
sequent 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 Determine of any Assessment
or Rațe made by any Assessor, or Assessors, Elected and Chosen
by the People, and Sworn for the Rating and Assessing, the
Estates Real and Personall of the Inhabitants of this Colony, 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 present Year,
Seventeen hundred and Nine Repealed Abrogated and Declar'd
Null and Void any Custome or Usage to the Contrary hereof in
any wise notwithstanding.
LAWS 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 Van 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 ACT 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 Council & 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 Van 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
Colony, 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
Arrival of such Ship or Vessel upon penalty & Forfeiture of
Twenty Pounds Current mony of this Colony, to be forthwith
676
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
Oath of one Credible Witness, that he or they have not paid
or refusing to pay the same, according to the Tenour of this
Act. And on his or their refusal to pay the said penalty, to
be Committed 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 said 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.
1
And be it further Enacted by the Authority aforesaid That
all Ships & Vessles 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 the depth of the hold from the Plank
below the Kelsey to the underpart of the Deck plank, & for a
two Deck Ship or Vessel, 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 herein before
mentioned, the Length of every Ship & Vessel to be Multiplyed
by the breadth, and the product thereof by the Depth, the wholl
to be Divided by Ninety five, & the Quotient of such Division
shall be the true Contents of the Tonnage of every Ship & Ves-
sel measured as aforesaid, according to the said method & Rule
all Vessels shalbe 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 herein appointed for Collecting the said Duty is
hereby appointed to keep a fair Register of all 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
Recognizance before the 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
Such Master or person who hath so entred or Reported; with
the names of Such Ships or Vessels their Tonnage or Burthen,
& faithfully account for mony received by him by Virtue of his
Office. And in case the Officer herein appointed shall have rea-
son to Suspect any Master or Commander who hath made a Short
entry of the Tonnage of his Ship or Vessel, then & in Such Case
the said Officer or Such Sworn Surveyor as a Gager as he Shall
Imploy shall Immediately repair on board Such Ship or Ves-
LAWS OF THE COLONY OF NEW YORK.
677
sel by him So Suspected to take the true Burthen of his
Vessel 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 Vessel be short of Such Survey or Gage, made by the
said Officer, the Master or Person making Such Short Entry shall
for the Same forfeit & pay Six shillings Current money of this
Colony, for every Ton Short Entred, to the Officer hereby
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 officer
to receive the mony & the Duty hereinbefore menconed, & is
hereby required & Impower'd to pay the said Sum and Sums 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 five 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 Officer 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:
PROVIDED, also that this Act shall be & Continue in force
untill the first day of May One thousand Seven hundred & Eleven
& no longer.
[CHAPTER 195.]
[Chapter 195, 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.
The original of this act does not appear to be in the office of
the Secretary of State, but from the minutes of the Council, such an act
was passed September 24, 1709. (See Journals of Legislative Council,
p. 288.)]
'An ACT to enable the Justices of the Peace to
nominate 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 where the Assessors or Collectors shall 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 Collector, to chuse others in their
Stead and Place; and on Refusal, 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 all 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, 1711. 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 Journals of Legislative Council, p. 289.)]
AN ACT to prevent the Exportation of the
Gold and Solver Coin out 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 Strangers 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 all 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 recover'd 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 YORK.
679
And for the more effectual preventing of the Exportation
aforesaid. Be it also Enacted by the same Authority That the
Captain or Master or Captain & Master, where there are Such,
of every Ship or other Vessel, sailing out of this Port, shall
before he or they take any Goods on Board their Ships or Ves-
sels make his Corporal Oath before the Mayor or Recorder of the
City of New York for the time being who are hereby Impower'd,
Authoriz'd and requir'd Gratis, to Administer the same, That
he hath not, nor shall directly, nor Indirectly at any time
before the Departure of Such Ship or Vessel 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
Recorder of the City of New York for the time being, if
require'd, a List of the names of all such who do or shall ship
any Goods whatsoever, on Board them to the end that the said
Mayor or Recorder at his Discretion may if he see Cause
Sumons such person or persons before him and Examin him or
them, on their Corporall oaths, if they have Directly or Indirectly
shipt on board such ship or other Vessel, any Gold, Silver, Plate
or Bullion as aforesaid, & in Case any such Cap't or master
shall take on board any Ship or other Vessel 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 to make such Oath, such Captain or Master
person or persons shall by the said Mayor or Recorder be
Comitted to the Common Goale there to remaine, until 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 Recorder 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 Recorder shall Loose & Forfeit
ffifty pounds, to be sued for recover'd & dispos'd 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
Credible Witness's, such as the Jury to whom any Issue upon this
Act shall be Comitted shall Credit & 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 COLONY OF NEW YORK.
And as a further encouragement for the discovery of all
offenders, & the rendring this Act more Effectual. BE it also
Enacted by the Authority aforesaid, That whatsoever Captain,
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 hereby discharg'd and Indemnified,
from any Contract, made for the Freight Transportation or
Carriage 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 always 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 Credible
Witness, that so much Gold or Silver Coin or Bullion hath been
before that, Bona fide, Imported into this Colony, on purposes
to be here wrought up, into such Plate or Vessels of Gold or Sil-
ver, nor to any Traveller or Passenger by Land or by Water, to the
Neighbouring Colonys, 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 only.
[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 by the same Authority, That in
case it shall so happen that any person or persons to defeat the
Intention of the said Act shall make or take any Bond, Bill or
Specialty whatsoever from any Seaman in trust, for the Use of
any Tavern-keeper, Alehouse keeper or Victualler all and every
such Bonds, Bills or Specialtys shall be altogether void, null and
of none Effect, any Custome, Usage or Law to the contrary 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 be given 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 all Tavernkeepers, Alehousekeepers and
Victualers, in Queens County and Kings County, to all Intents
as if they had been mentioned Express'd and nominated 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 any of the
Courts of Comon Pleas in any of the Countys of this Colony, in
any personal Action where the matter in Demand, Suit or Contro-
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 have
86
682
LAWS OF THE COLONY OF NEW YORK.
Cognizance 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 & Sattisfyed.
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,
according to the Tenor, Intent and meaning of this Act, & the
Sheriffs, under Sheriffs and Goalers of the Several Counties
respectively are hereby authorized Commanded & 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 every
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
Assessors 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 all and
every Hearths, Chimneys, fire places & Stoves & of all Slaves as
are dwelling & residing within the said Severall Towns, Mannors
LAWS OF THE COLONY OF NEW YORK.
683
& Precincts from the Age of Fifteen Years to Sixty & a true
Coppy of Such Lists shall be Delivered to the Clerk of each
respective City and County 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
duplicats 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 money 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 Reside, 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 Imme-
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 Reside, who
is hereby Authorized & required to Determine 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
contrary 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 time
684
LAWS OF THE COLONY OF NEW YORK.
being towards the Support of this Government, & the other half
to the Informer or he that will sue for the same.
And be it further Enacted by the Authority aforesaid that
the money Impos'd by this Act shall be Apply'd & paid by the
Treasurer of the Colony for the time being to Such Uses as
shall be directed by the Govr Council & Assembly of this
Colony for the time being & no otherwise.
And for the more Effectual putting in Execucon an Act
entituled an Act for laying a Duty on the Tonnage of Vessels
and Slayes pass'd this present Sessions. Be it Enacted by the
Authority Aforesaid, That such Ship or Vessel 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 arrival within
this Colony enter and Cleer with the 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 them, upon Conviction
before the Mayr or any one of the Aldermen of the City of New
York for the time being, who are hereby Authoriz'd & requir'd
to hear and determine the Same, by the Oath of one Credible
Witness and on his & their refusal to pay the said penalty to
be Committed to the comon 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 Vessel or Vessels 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 Vessel or Vessels, have entred with the
Officer appointed to Collect the said Tonnage mony, under the
penalty of Fifty 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. 99.1
AN 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, To the Honourable Colonel Richard
LAWS OF THE COLONY OF NEW YORK.
685
Ingoldesby Esqr the Leiut Govr Fifteen hundred ounces of Plate
or Two thousand One hundred Eighty two Lyon Dollars.
To Roger Mompesson Esqr the Cheif Justice Three hundred
Twenty five 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.
To the Printer, One hundred and fifty ounces of Plate or Two
undred & Eighteen Lyon Dollars.
To the Indian Interpreter, Seventy five ounces of Plate, or
One Hundred & Nine Lyon Dollars.
To the Messenger or Doorkeeper to the Council, 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 Cooper for one hundred forty Seven Catoch Boxes
for the Expedition 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 hand of the
Speaker of the said Assembly for the time being.
And be it hereby Enacted, That the Receipts 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 Van 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 ACT for Reviving an Act, entituled
an Act to prevent Selling or giving of Rum
or other strong Liquors to the Indians in
the County of Albany.
[Passed November 12, 1709.]
PRESENT necessity requiring, Be it Enacted by the Leiut
Governr Council and Assembly, and it is hereby Enacted by the
Authority of the same, That one Act entituled an Act to pre-
vent Selling or giving of Rum or other Strong Liquors to the
686
LAWS OF THE COLONY OF NEW YORK.
Indians in the County of Albany, made in the Eighth Year of
the Reign of Her present Maty expired by its owne Lymittation
shall be and is hereby Enacted by the Authority aforesaid to be
of Force for and untill the first day of June next ensuing & no
longer.
And whereas Mr John Cuyler 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
Liquor. 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 Consideration 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 Determine Settle and Ascer-
taine the Bounds and Limits of the County
of Orange
[Passed November 12, 1709.]
BE it Enacted by the Leiut Governour, 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 Act for the more Regular pro-
ceeding in the Elections of Representatives for the Severall
Cities and Counties within this Province, be and is hereby,
Repeal'd 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 all Levys & Assessments made before the Eighteenth
Day of October Seventeen hundred & nine, shall be Levy'd &
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 the 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 Accounts of this Province
[Passed November 12, 1709.]
WHEREAS an Act of Assembly was made in the Year one
Thousand seven hundred & one, Entituled 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) by 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 of 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 Arrival 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
our Soveraign Lady Queen Ann Entituled an Act repealing
several Acts of Assembly & declaring other ordinances publishd
as Acts of Assembly to be void, amongst other Acts of the Next
proceeding Assembly, & Sentences, judgments, decree, order,
Ordinances, and Edict 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 have been declared & Enacted to be utterly &
wholly frustrate, Null, & Void AND WHEREAS it has Seemed
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
prevention 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 & all &
every Article, clause, forfeiture, confiscation, & penalty therein.
contained, is & shall from henceforth, be utterly void to All
intents & purposes; and all 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 all intents, constructions, & pur-
poses, & the said Robert Livingston is hereby restored unto &
protected in the peaceable enjoyment of all 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 Van 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 November
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 have
been passed by the whole legislature, but does not appear
to have been enacted on November 12, when the acts of that
session were signed by the Lieutenant-Governor. (See Journals of Legis-
lative Council, p. 295.) Livingston & Smith and Van 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 same. This act,
chapter 204, is, however, recited in chapter 222 as an act passed November
1, 1709. A copy of the bill, as printed by Bradford, is inserted here.]
'An Act for the Currency of Bills of Credit
for Four Thousand Pounds.
[Passed November 1, 1709.]
Be it Enacted by the Lieut. Governour, Council and General
Assembly, and by the Authority of the same. That Bills of
Credit, 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 all 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.
Governor, 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 payment of such of the Four hundred eighty seven
Men of the Militia of this Colony, appointed to serve in the
Expedition to reduce Canada, as appear, on the return of the
Forces, to have 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
87
690
LAWS OF THE COLONY OF NEW YORK.
Bills for paying & discharging of any Debt or Debts, Bargains,
Sales, Bonds and Specialties, shall be as effectual in the Law to
all intents and purposes, as if the current Coyn of this Colony
has been offered and tendered to any person or persons for the
discharge of the same, or any part thereof.
And be it further Enacted &c. That the said Bills of Credit
shall be printed and numbered, expressing in every of them the
Sum of Money they shall be current for. And to prevent Coun-
terfeiting any of the said Bills, they shall be dated and cir-
cumstanced in all respects as the bills of Credit are, that are
mentioned, expressed and made current in an Act, entituled, An
Act for the currency of Bills of Credit for 5000 1. passed in the
8th year of her Majesties Reign, Four hundred of the said Bills
of Credit hereby intended to be current, shall be for Five Pounds.
each Bill. Four hundred of the hereby intended Bills of Credit
shall be for Fifty 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 all, Four Thousand
Pounds, to be delivered by the said Signees within one Moneth
after the Publication of this Act, to the Treasurer of the
Colony, for the time being, to be by him paid to such of the said
487 Men of the Militia of this Colony appointed to serve in the
Expedition 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 Credit created by this Act, the
Treasurer of this Colony, for the time being, shall and is hereby
required and directed to take and receive all and everythe
said Bills according to the value therein expressed, with the
Advance of One Farthing for each and every Day all or any
of the Bills are & shall be current for Five Pounds, from
the date of the said Bills, to the Day the said Treasurer
shall receive them from any 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 Day
on every the said Bills that are & shall be made current for
Fifty 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 every
LAWS 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 1.Tax. And on
the Receipt of each two Thousand Pounds of them said 4000 1.
Tax The Treasurer shall appoint the Signees 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
Signees shall take an Oath before the Mayor of the City of New
York, for the time being, for their true Signing and Delivering
the said Bills of Credit, according to the genuine Intent and true
Meaning of this Act.
And be it further Enacted, &c. That the said Bills of Credit
shall be current in all Payments, as aforesaid, until the last Day
of November, 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 Credit, 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
determine on all and every of them from the Day they or any of
them shall be paid to and received, 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 Advance. And such person or persons as shall be convicted
of Counterfeiting any of the said Bills of Credit, shall incur the
Pains and Penalties of Fellony, without the benefit of Clergy, and
suffer accordingly.
For the preventing Differences, Be it further Enacted by the
Authority aforesaid, That the Possessor of any Bill or Bills of
Credit lawfully issued, pursuant to an Act, entituled An Act for
the Currency of Bills of Credit 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 levied by An Act, entituled, An Act for levying Six
Thousand Pounds, passed this present Sessions, the Interest or
Increase of Five Pounds per Cent. per annum on all 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 better 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 Duty therein
laid on all Chimneys, Fire-hearths and Stoves, without charging
the Landlord.
And be it further Enacted by the Authority aforesaid, That
Coll. Abraham De Peyster, the Treasurer, is hereby allowed. and
permitted to Re-imburse, detain in his own hands, and pay him-
self the Sum of One Hundred Pounds, out of the Excise of this
Colony, which at the desire of the General Assembly 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 Differences 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 Effectual putting in
Execution of several Clauses in an Act of Assembly of this Colony
to Detach 487 Men to go on the Expedition against Canada, Be
it Enacted by the Authority aforesaid, That all 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 Expedition, 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
never became a law. The Minutes 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.]
[Chapter 206, of Livingston & Smith 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 five hun-
dred fourty five Lyon Dollars
[Passed November 12, 1709.]
BE it Enacted by the Leiut Govr. Council & Genl Assem-
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 Estates,
real & Personal of all & every the Inhabitants, Residents,
Sojourners & Freeholders of & in this Colony to be paid to
Colonl Abraham Depeyster the present Treasurer of this Colony
or to the Treasurer of this Colony for the time 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 Year of our Lord One Thousand Seaven hundred &
thirteen, & five Thousand Ounces of Plate, or Seaven Thousand
two hundred Seaventy two Lyon Dollars & a half, remainder
thereof, on or before the last day of November then next Ensu-
ing, according to the Quota's & Proporcons herein expressed
vizt
For the City & County of New York Two thousand & Seaventy
five Ounces of Plate or Three 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 & thirty six Lyon Dollars.
For Queens County Seaventeen hundred & fifty 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
& fifty 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 given & Granted to her
Ma'ty her heirs & Successors 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 present Sessions, Entituled, An Act for
Levying Four Thousand Pounds is Enacted, Declared, provided
& Expressed to all 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 all such Sum & Sums of mony as shall be by him
so received, & paid, & render such an Account at all 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 Ulster shall &
may take receive & have all such powers benifitts proffits &
Advantages in ye Levying & receiving ye sd Excise as if one Act
of Generl Assembly Entituled an Act to determine Settle &
Ascertaine the Bounds & Limitts of ye County of Orange passed
this present Sessions of Assembly had never been made.
LAWS OF THE COLONY OF NEW YORK.
695
[CHAPTER 207.1
[Chapter 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 Credit
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 same That Bills of Credit 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 present 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 all 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 Coyn 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
Effectual in ye Law to all intents & purposes as the Bills of Credit
are or shall be Issued by an Act Entituled an Act for the
Currency of Bills of Credit for Four thousand pound passed this
present Sessions
AND be it Enacted by the Authority aforesd to prevent
Counterfeiting any of the s'd Bills they shall be Cir-
cumstanced as the Bills of Credit are that are mén-
coned in & made Current by an Act entituled an Act
696
LAWS OF THE COLONY OF NEW YORK.
for ye Currency of Bills of Credit for four thousand
Pounds passed this present Sessions, & three hundred of the
Bills hereby intended to be Issued shall be for thirteen Ounces &
three quarters of Plate, or twenty Lyon Dollars every Bill three
hundred of ye sd Bills shall be Current for Eleaven ounces of
Plate, or sixteen Lyon Dollars every Bill, three hundred of the
sd Bills hereby designed to be Current shall be for five ounces
and a half of Plate or Eight Lyon Dollars each Bill, & three
hundred and thirty Seaven of ye Bills hereby designed to be
Current shall be for two Ounces & three quarters of Plate or four
Lyon Dollars amounting to in all Tenn thousand Ounces of Plate,
or fourteen thousand five hundred & fourty five Lyon Dollars to
be Delivered by the s'd Signors within a month after the publi-
cacon of this Act to ye Treasurer of the Colony for the time
being to be by him Issued pursuant to ye true intent & Genuine
meaning of an Act for the Treasurers Issuing Bills of Credit to
pay the present Debt of the Expedition to Canada & other uses &
to account to, & with the Governr Council & Assembly for ye
time being of Issuing ye Same when & as often as he shall be
thereunto required.
!
And be it further Enacted by the Authority aforesd for making
the Bills of Credit hereby to be made Current the more Effectually
valuable ye Treasurer of this Colony for ye time being is hereby
required & Enjoyned to receive all & Every ye s'd Bills according
to ye Value therein expressed w'th ye advance of Two & a half
P Cent P annum on all or any of the said Bills that are and
shall be Current for Tenn Thousand Ounces of Plate or Fourteen
Thousand five hundred and Fourty five Lyon Dollars from the
Date of the said Bills to the Day the said Treasurer shall receive
them for any part of the Tenn Thousand Ounces of Plate or
Fourteen Thousand five hundred and fourty five Lyon Dollars
raised by said Act Entituled An Act for Levying Tenn Thousand
Ounces of Plate or fourteen Thousand five hundred and fourty
five Lyon Dollars. And the Treasurer shall appoint the Signors
to meet him, who are hereby 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 ye Cancelled
Bills and keep them to be further Examined by the Governr
Council & Assembly for the time being or such as they shall
appoint.
And be it further Enacted by the Authority aforesd that 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 the
said Bills of Credit according to the true meaning of this Act.
And be it also Enacted by the Authority aforesaid, That the
said Bills shall be Current as aforesaid untill ye last Day of
LAWS OF THE COLONY OF NEW YORK.
697
February which shall be in the year of our Lord One Thousand
Seaven hundred & thirteen & no longer, & that the said Tenn
Thousand Ounces of Plate or fourteen thousand five hundred &
fourty five Lyon Dollars to be raised by the sd Act Entituled an
act for Levying tenn thousand ounces of Plate or Fourteen
thousand five hundred fourty & five Lyon Dollars shall be paid to
the Treasurer in the sd Bills of Credit 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 &
Determine on all & every of them from the Day any of them shall
be paid to & received by the Treasurer as aforesaid who is hereby
required to Indors the Day he received the said Bills to prevent
a further growing Advance & that such person or persons as
shall be Convicted of Counterfeiting any of the sd Bills shall
incurr the pains and Penalties of fellony without the benifit of
Clergy & Suffer accordingly.
And for the further Incouragemt of ye Currency of the sd Bills
of Credit be it Enacted by ye Authority aforesd that every 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
receive the same at the rate of two & a half P Cent P Annum and
so for Each Bill respectively for ever 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.]
AN ACT for an Assignment to the Lady
Lovelace.
[Passed November 12, 1709.]
BE it Enacted by the Lieut Governr Council & General Assem-
bly and by the Authority of the same, That the Treasurer of
this Colony for the time being, shall pay to the Right Honoble
Charlotte Lady Lovelace 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 Colonys 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 thereafter come to his
hands.
88
698
LAWS OF THE COLONY OF NEW YORK.
And be it further Enacted by the Authority aforesaid That
the receipt of the said Lady or her Assigns Shall be to the said
Treasurer a Sufficient Warrant & discharge for the same.
[CHAPTER 209.]
[Chapter 209, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford's 1709 ed., p. 106; Baskett,
p. 108.]
Issuing
AN ACT for the Treasurers
Bills of Credit to pay the present Debt of
the Expedition 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 Colony
do Issue forth & pay to the Several persons or their Assigns
hereafter nominated Bills of Credit 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 appointed for the said
Expedition entituled a List of Persons names to whom money is
due for provisions and other Necessarys by them for the use of
the Expedition to Canada for which no Warrants are drawn;
Fourteen hundred and Sixty five ounces and one Quarter of Plate
or Twenty one hundred thirty one Lyon Dollars and one half.
To Severall Accots Issued by the Commrs relating to the
Expedition to Canada at Albany on the Treasurer of this Colony,
Eighteen hundred, Ninety Six ounces and a half of Plate or
Twenty Seven hundred fifty Eight Lyon Dollars & a half to
Seventeen Sawyers that served on the Said Expedition one hun-
dred Ninety five Ounces of Plate and one Quarter, or Two hun-
dred Eighty four Lyon Dollars.
To thirteen Carpenters Detacht out of the City of New York
to serve on the said Expedition, Three hundred fifty five ounces
of Plate and Seven Eights, or Five hundred and Seventeen Lyon
Dollars and a half.
To an Assignment to the Lady Lovelace menconed and
Express'd in an Act entitul'd an Act for an Assignment to the
Lady Lovelace pass'd this present Sessions.
To Capt. Robert Walters, Capt Lawrence Read, Capt John De-
Peyster and Capt Robert Lurting appointed Commrs for Manag-
ing the said Expedition 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 have and
LAWS OF THE COLONY OF NEW YORK.
699
are to take, for Signing the Bills of Credit for Five thousand
Pounds untill they are Cancell'd, One hundred and fifty ounces of
Plate or Two hundred & Eighteen Lyon Dollars and one third.
To Mr John Walters the Clerk to the said Commrs One hun-
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 Commrs for managing the Affairs
relating to the Provisions and all other necessarys for the said
Expedition 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 Seventy five Ounces of
Plate, or One hundred and Nine Lyon Dollars.
To his Honour the Leiut Govr for providing Fire and Candle
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 Credit and for the Cuts, Fifty Ounces of
Plate or Seventy two Lyon Dollars and three Quarters.
To the Persons appointed to Sign the said Twenty Eight
hundred thirty Seven Bills of Credit for their trouble and attend-
ing that Affair until 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 Goverumt.
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 paid and apply'd
to the Uses hereafter expressed, That is to Say, 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 outscouts 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 Candle for the Garrisons of Albany
and Schenectady.
700
LAWS OF THE COLÓNY OF NEW YORK.
One hundred and Twenty five Ounces of Plate, or One hun-
dred Eighty one Lyon Dollars and a half and four penny weight
of Plate to be allowed to Such as shall perform and do the work
and Mistery of Black Smiths & will Inhabite and reside this
Winter with the Indians and men their Arms.
One hundred and fifty Ounces of Plate, or Two hundred and
Eighteen Lyon Dollars to be dispos'd and apply'd to necessary
Reparations of the Blockhouses and the building of a new one,
for Lodging the Regular Troops & Guards to be kept in the City,
of Albany
Five hundred Sixty two ounces and a half of Plate or Eight
hundred and Eighteen Lyon Dollars to be paid to Fifty Indians at
Eighteen pence per Day for Sixty Days, which shall be paid
by the Treasurer of this Colony to the said Commrs for the uses
aforesaid.
And be it hereby Enacted by the Authority aforesaid that the
receipts of the Severall and respective persons before named or
their Assigns shall be to the Treasurer of this Colony a Sufficient
Warrant and Discharg for the Same.
And be it further Enacted by the Authority aforesaid, That the
Troop of Horse rais'd in the County of Suffolk in the three Eastern
Towns in the same County, to witt, in Southold, South Hampton
& East Hampton, is hereby Constituted, Confirmed and Estab-
lisht in the same manner and under the like Regulations & with
Such Rights & Priviledges as any of the other Troops of Horse
have in this Colony or of Right ought to have and enjoy.
And be it further Enacted by the Authority aforesaid, That
the Commrs of the City of New York and Albany for the said
Expedition are hereby Impowered and required to Issue their
respective Warrants to the Treasurer for paying the Accots
Delivered to, and allowed by this House for such Sums of mony
here mentioned for which Warrants have not been already
Issued.
And be it further Enacted by the Authority aforesaid that
there be allowed unto Mr. David Schuyler Thirty Seven Ounces
& a half of Plate or Fifty four Lyon Dollars and a half, and to
Lawrence Claesen, Twenty five Ounces of Plate or Thirty Six
Lyon Dollars and a half for their Journey to Onondage in May
last and to be paid by the said Treasurer on Warrants to be
Issued by the Commrs for the Said Expedition at Albany or any
two of them.
LAWS OF THE COLONY OF NEW YORK.
701
[CHAPTER 210.]
[Chapter 210, of Livingston & Smith and Van Schaack, where the 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.]
FORASMUCH as divers Officers both Civil and Military
Inhabiting in the City of Albany the ffrontier of this Colony
Claim a Priviledge to be Exempted and free from Watching some
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 Generall Assembly and by the Authority
of the same, That all the Civill Officers and all those that form-
erly have 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 he or they shall fforfeit Twenty Pounds One half
thereof to be Applyed towards the ffortifying the City of Albany
and the other half to such p'son or persons as shall sue for the
same and if any person who 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 Thirty 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 behalf
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 said Company.
AND be it further Enacted by the Authority aforsd that in
time of Alarm all the Inhabitants of the County of Albany
(Except those of Schenectady) as well those who are listed in the
702
LAWS OF THE COLONY OF NEW YORK. ·
Militia Company as those who are not, doe upon the first warning
come in with their Arms into the City of Albany for the Defence
thereof if not prvented by sickness or other inevitable accident
upon the Penalty of fforfeiting of ffifty Pounds to be Applyed
One half for the ffortifyeing 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 have 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 have 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 repre-
sentatives & for other Uses.
[Passed November 12, 1709.]
WHEREAS complaint has been made that notwithstanding
Several Acts of General Assembly of this Colony to the con-
trary Sundry persons who have Served in General Assembly,
as representatives for the City & County of Albany have been
kept out of their lawful allowance when others that have
served both before & after them have been duly paid for remedy
whereof & prevention of the like Abuse for the future BE IT
ENACTED by the Lieu't Governour & Council & Representatives
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 exceeding Two hundred pounds for the pay-
ment & Satisfaction of Meyndert Schuyler for the Allowance.
LAWS OF THE COLONY OF NEW YORK.
703
due to him as representative of the 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 & five, one thousand Seven hundred &
Six; & of John Cuyler & Peter Van Brugh for the Allowance.
due to them as representatives 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 effectual 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 Supervisor for Neglect of his duty in their
behalf, to be recovered against him by action of debt in any
of her Majestys courts of record within this province besides the
Other forfeitures & relief, provided by the last recited Act of
Assembly Against Supervisors, Assessors, Collectors, & 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 payment of their representatives
Annually that they be paid their lawful allowance for their
services the preceding Year on or before the first day 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 by the
Authority aforesaid that it Shall & may 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 the raising & Collecting of certain Sums
704
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 are to Assess having
a Special regard to the conveniency & Nearness of Such Wells
to Such & Such places & the Collectors are to Collect from the
Inhabitants of their respective Wards in Manner & under the
same 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 payments 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 all the
Inhabitants of the Said City & County. BE IT FARTHER
ENACTED by the Authority aforesaid, "that forever hereafter
upon the change of Supervisors & Treasurers in the Annual elec-
tions the preceding Supervisors & Treasurer shall deliver over
to their Successors in their respective Offices their books of pub-
lick Accounts & other papers relating 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 election to view & examin their
books of publick accounts of their respective Offices, which every
of them is hereby required not onely 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 Neglect 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 any
LAWS OF THE COLONY OF NEW YORK.
705
of their means, default or Neglect to sue for the forfeitures pro-
vided by the aforesaid Act of Assembly or any of them; and the
Offender in that 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 themselves injured in
that respect within the time 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 &
all those living to the Southward of the Mannor of Rensselaer-
wyck on the West Side of Hudsons River as 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-
ward 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 have
the Same Power Authority Office & Function & doe perform, Exe-
cute & Serve & be liable to the Same pains & penalties as the
Supervisors Assessors & Collectors within the County of Albany
have, ought or are intended to have done.
And be it further Enacted by the Authority aforesaid that if
any person or persons who have been Representatives for the
said Citty & County at any time before the 25th day of December
in the year of our Lord 1708 and have just Claim or arrears due
to him or them for his or their allowance for the Service thereof,
all such arrears shall be Assessed Collected and paid in the
same Manner & method as is mentioned Expressed and Enacted
in this present Act for the Arrears due to the said Myndert
Schuyler John Cuyler 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.
89
706
LAWS OF THE COLONY OF NEW YORK.
THE THIRTEENTH ASSEMBLY.
First Session:
(Begun Sept. 1, 1710, 9 Anne, Robert Hunter, Governor.)
[CHAPTER 213.]
[Chapter 213, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 84.
Printed in full in Baskett, p. 126. See chapters 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, & making
it more Usefull for the Security & defence
thereof.
[Passed October 30, 1710.]
BE it Enacted by his Excellency the Governour, Council &
'Assembly, & by the Authority of the same, 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 in the first Year of Her Maties Reign,
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 November which 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, all the Civill officers, and
all those that formerly have had Military Commissions, those not
in immediate Command, & others who are not listed in the City
Companies or Troop inhabiting in the City of Albany (except
Ministers of the Gospel) be Oblig'd to list themselves in a Com-
pany, which 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 Officers, 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 Civil or
Military officers shall refuse to accept of such Commission, he
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 COLONY OF NEW YORK.
707
apply'd as aforesaid; & if any of the said Company shall refuse or
neglect to mount the Guard in his turn, & keep the night Guard,
or send a fitt man in his Room, who shall 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 & alarm, all 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 come in, with their Arms into the City
of Albany, for the defence thereof (if not prevented by sickness,
or other Inevitable accident) upon penalty of forfeiting of Ten
pounds to be apply'd, one half for the fortifying the City of
Albany, & the other half to Such person or persons as shalb 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 allarm, 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 Civil & Military officers, & those that
formerly have had Military Commissions and take their turn in
mounting & keeping the night Guard, Equall with them, during
the time of Alarm.
And be it further Enacted by the authority aforesaid, That the
Officers of the two Militia Companies, & other officers in the
City of Albany belonging to the Regiment, they 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 Regiment.
And be it further Enacted by the Authority aforesaid, That
for the better regulating 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 COLONŸ OF NEW YORK.
[CHAPTER 214.]
[Chapter 214, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford's 1715 ed., p. 82; Baskett,
p. 128. Expired, November 1, 1712. See chapter 66. Continued by chap-
ter 367.1
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 the Governr, Council &
General Assembly, & by the Authority of the same, That one
Act, entituled, an Act for the Regulating & returning able &
sufficient Jurors in Tryals at Law, made in the Eleaventh year
of the Reign of our late Soveraigne King William the third, of
Glorious Memory, Expir'd by its own. Limittacon, shall be & is
hereby Enacted by the authority aforesaid, to be revived & of
force, for, & untill, the first day of November, which shall be in
the Year of our Lord, One thousand, Seven hundred & twelve,
and no longer.
[CHAPTER 215.]
[Chapter 215 of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 84;
Baskett, p. 125. Expired November 1, 1711. Continued by ch. 229.]
AN ACT for laying an Excise on all
Strong Liquors Retailed in this Colony.
[Passed October 30, 1710.]
Be it Enacted by the Govr Council and General Assembly, and
by the Authority of the same, That there shall be rais'd,
Levied, Collected & 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 towards the Support of the Governm't, an Excise upon
all Strong Liquors retail'd thro' this Colony, under the
Quantity of five Gallons (Beer & Syder only excepted) to wit,
The Eighth part of an Ounce of Civil, Pillar 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 Mayor & Aldermen of the City of New York, the Mayor,
Aldermen & Justices of the Peace of the City & County of
'Albany, & the Justices of Peace of the other Counties, within
this Colony, to which they belong, or the Major part of them,
LAWS OF THE COLONY OF NEW YORK.
•
709
for the time being, are hereby required, authorized & 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 Peace respectively,
in such manner as they in their discretions shall think fit, for the
better advancement of the Duty and Excise hereby to be
granted & Levy'd, 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
Recognizances, with sufficient Sureties, of all
of all & every
person 'or persons that shall farme the Excise, as
aforesaid, with Condicon, that they pay the same 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 any part thereof, shalbe lett to Farme, or agreed
for, 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 Farme
the aforesaid Excise, in manner aforesaid, or to put this Act in
Execution, so far as they are requir'd 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 & Successors, the full & Just Sum of Fifty pounds
Current mony of New York, to be recovered in any of Her Ma'ties
Courts within this Colony, by any person or person, who will &
shall informe and sue for the same, by Action of Debt or Informa-
tion, the One half of which Forfeitures to be to Her Ma'ty, Her
Heires & Successors, to be paid into the Treasurer, & apply'd
towards the Support of this Government, & the other half to the
Informer.
And be it further Enacted by the aforesaid, That where 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 agree 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 had or have paid, to be paid into the
Treasurer quarterly, as aforesaid, or otherwise make such
Retailer or Retailers enter into Recognizance, with Sufficient
Suretys, for the true and due payment of the Excise hereinbefore
710
LAWS OF THE COLONY OF NEW YORK.
appointed, to be paid and granted according to the true meaning
hereof.
And for the due & orderly Collecting the Excise hereby Given
& Granted, Be it further Enacted by the Authority aforesaid,
That all Retailers of Strong Liquors within this Colony, shall
upon all their receipt of all such Liquors before expres'd &
Exciseable, come to the Farmer of the Excise (if any be) or to the
Mayor, Aldermen or Justices of the Peace in each Town, City &
County, where such Retailer shall dwell, & make entry of all,
such Liquor or Liquors as they shall buy or receive, &
pay such Duties, as are hereby 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 default
thereof all such Liquors as shall be found in any Retailers
house or Warehouse, Cellar or other place, belonging unto him, her
or them within this Colony, & have 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 Credible Witness, before any
Justice of the peace within this Colony, the said Retailer or
Retailers so offending in the premisses, shall forfeit all such
Liquors, & three times the value thereof, the one Moiety to Her
Maty, Her Heirs & Successors, to be paid to the Treasurer of this
Colony, for the time being, for & to be apply'd towards the
Support of this Governm't, & the other half to the person that
will Sue for the same before any Justice of the peace in this
Colony, who is & every of them are hereby requir'd & Impower'd
Summarily, & at his discretion Solely to hear & determine
the same, & to Issue his warrant for seizing all such Liquors
to be forfeited, as aforesaid, & for Comitting to the Comon
Jaile all such Retailers of Liquors who have not entred &
paid the Duties aforesaid, & shall be so Convict thereof,
there to remaine w'thout Baile or Mainprize, untill they shall
Sattisfy & make paym't of three times the value of such Liquors
Seiz'd & forfeited, as aforesaid, as also for the arresting &
Causing to be brought before him, any person or persons
inform'd against for retailing without Lycence, provided, He Her
or they have Lyberty 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 being duely
Lycenc'd, shall either by Land or by water at any time presume
to Sell by retail any Strong Liquors, that is to say, any Quan-
tity 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 further Enacted by the same authority, & it is
the true intent & meaning of this Act, That no Retailers of
Liquors under five Gallons, or any other that Shall Sell any
Strong Liquors, shall receive any such into their Houses, Cel-
lars or Warehouses, or into any other place in the 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 requir'd 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 all such Liquors delivered by them to any such
Retailer, under the penalty of being turn'd out of his place and
office.
i
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 Ma'ties Justices of the peace, by him or her 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 abatement of
or for any of the] penalties herein menconed, but that the
Same be prosecuted to effect, and paid and apply'd as herein-
before Express'd.
And be it also Enacted by the Authority aforesaid, That
Lyon Dollars and half Dollars shalbe received & be of equall
value to thirteen penny weight & Eighteen Grains of Civill,
Pillar & Mexico Plate, as aforesaid, for each Dollar, for the Duty
hereby intended to be rais'd.
And be it further Enacted by the Authority aforesaid, That
the said Treasurer shall pay & apply the mony 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 Lymitted and Express'd.
And be it further Enacted by the same 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, & under the same
Regulations as the Mayor and Aldermen of the City of New
York, or the Mayor & Aldermen of the City of Albany, are by
this Act Empowered, directed & required to do.
712
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 216.]
[Chapter 216, of Livingston & Smith and Van Schaack, 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 Same, That every person or persons,
Bodys Politick and Corporate, Citys or Towns, who by Them-
selves, their Tennants or Servants, or his or their Assignee or
Assigns, Grantees Their Ancestors, Predecessors or others under
whome they Claime, have been Seized to their owne use or uses,
or taken the Rents, Issues and proffits of any Messuages, Houses
Tenem❜ts Lands and Hereditaments Whatsoever in this Colony
and Plantation in his or their own proper Right, for the Term
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 Effect,
untill the first 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, Deemed and taken to
be the True, Rightfull and Lawful Owner of Such Messuages,
Houses, Lands, Tenements and hereditaments Respectively, and
Shall and may have, hold and Enjoy the Same, any Claime, Right,
Title, Demand or Pretence to the Contrary thereof by or from any
person or persons, Bodys Politick and Corporate whatsoever, in
Any Wise Notwithstanding. Provided, That Niether this Act
nor any thing therein contained shall Extend or be Construed
to the prejudice 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 Prejudice of any Mortgagee or Lessee,
whose Mortgage or Lease shall be Recorded 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 prejudice 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 years
}
LAWS OF THE COLONY OF NEW YORK.
713
after his or their Coming to the Age of One and Twenty years,
being unmarryed, becoming of Sound mind, Liberty, or Return
into this Plantation and Colony, do make their Actual Entry, or
bring their Suite, as aforesaid, otherwise to be utterly debar'd,
and Excluded from any Entry, Claime, Suite or Demand Whatso-
ever
AND whereas by many Accidents the Deeds and Writings
relating to Estates Some time have been and may hereafter be
Destroyed, Consumed, and Lost Whereby The Lawful and Right-
full Owner of any Lands, Messuages, Houses, Tenements, and
Hereditaments may be Exposed to many doubtful, Expensive
and Vexatious Suits, and other Inconveniences, for the Preventing
Whereof BE IT ENACTED by the Authority aforesaid, That all
and every Deed or Deeds, Conveyance or Conveyances and
Writings relating to the Title or Property of any Lands,
Messuages, Tenements or hereditaments within this Colony which
have been already or Shall be hereafter Executed, being Duly
Acknowledged & Recorded 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
Thereof, Shall be good and Effectual Evidence in any Court of
Record within This Colony, to all Intents and purposes, as if the
Original Deed or Deeds, Conveyance or Conveyances and Writings
was or Were produced and proved in Court.
AND be it further Enacted by the Authority 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 other Real Estate
of Inheritance, And are used in any Dutch Antenuptial Contract
or Law Will & Testament, or Deed or Deeds made in this Colony,
and Duly Executed before Two or More Credible Witnesses at
any time before The Publication of this Act, Ought therefore to
be Understood of A Real Estate, And That the Parties who have
Or Claime any Right to any Real Estate, or part thereof, within
this Colony, by Virtue of the aforesaid Dutch Words, or either
of them used in Such Dutch Antenuptial Contracts, or Wills and
Testaments, Or Deed or Deeds, as aforesaid, Shall and may Enjoy
the Same to his or their 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 Contrary hereof in any Wise Notwithstanding.
90
714
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 217.]
[Chapter 217, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford's 1715 ed., p. 83; Baskett, p.
130. The act referred to is chapter 124, revived by chapter 174.]
AN ACT to repeal a Clause in an Act,
entituled, an Act agst Forging, Counterfeit
ing & Clipping of Forreign Coyn, which is
Current mony in the Colony of New York.
[Passed October 30, 1710.]
Be it Enacted by the Goven'r, Council & Assembly, & by the
authority of the same, That whatever is contained in an Act,
entituled, an Act against Forging, Counterfeiting and Clipping of
Forreign Coyn, which is Current mony in the Colony of New
York, so farr as it relates to Clipping only, is hereby Repeal'd,
Vacated, annulled, made void, & of none Effect, to all Intents,
Construccons and purposes whatsoever, as if the Same had never
been made.
And be it further Enacted by the authority aforesaid, That all
Clippings of Forreign Coyn, Current in this Colony, that shall
make up the weight of mony rece'd or paid, shall have 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 half Dollars or any other Coyn, then
Spanish 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 Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 84.
Printed in full in Baskett, p. 125. Expired, May 1, 1713. See chapters
194 and 230.]
AN ACT for Continueing An Act for
laying a Duty on the Tonnage of Vessells
& Slaves.
[Passed October 30, 1710.]
BE IT ENACTED by the Governour, Councill and Assembly,
And it is hereby Enacted by the Authority of the same, That one
Act, Entituled An Act for laying a Duty on the Tonnage of
Vessells & Slaves, made in the Eighth year of her Majties Reign,
shall be of force and Continue untill the first day of May, which
shall be in the year of our Lord One Thousand Seaven hundred
and Thirteen.
LAWS OF THE COLONY OF NEW YORK.
715
And for the better Collecting the said Duty, & more Effectual
putting the said Act in Execution, BE IT ENACTED by the
Authority aforesaid, That every Master or Commander of any
Ship or Vessel, the One half thereof not belonging to the Inhab-
itants of this Colony (Coasting Vessells belonging to the Massa-
chusetts, Rhoad Island Connecticut and the Jersey Excepted)
That shall arrive and come into this Port or harbour, Shall
within Twenty ffour hours after Such his Arrival repair to the
Officer Appointed to Collect the said Duty, provided Notice Given
by said Officer, and then and there produce to the said Officer the
Register of his Ship or Vessell to be perused, and if required, to
give a true Copy of the Register of such Ship or Vessell to the
Said Officer, Attested by the said Master or Comander, within
Twenty four hours after such request, under the penalty of ffive
Pounds Current money of this Colony for every Such Delay,
denyal, neglect or refusal to Comply with this Act.
And be it further Enacted by the same Authority, That every
Master or Commander of such Ship or Vessell, lyable to pay the
said Duty, shall be Obliged and is hereby required to Report upon
Oath before the Mayor or any of the Aldermen of the City of New
York, the Dimensions of his Ship or Vessell as is mentioned and
Expressed in the said Act, and produce and give the same to the
said Officer within Six days after the arrival of Such Ship or
Vessell within the said Port or harbour, under the Penalty of
ffive Pounds Currant money of this Colony.
And be it further Enacted by the Authority aforesaid that
every Master or Commander of any Ship or Vessell shall within
Twenty ffour hours after the Arrivall of his Vessell 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, who are
required and Impowered to Administer the same, what Number
of Slaves are brought or come into the said Port in his Sloop or
Vessell, and for his delaying, denying, neglecting or refusing to
make Oath, as aforesaid, within the time hereinbefore limitted
and Expressed, Shall fforfeit and pay the Sume of Twenty pounds.
Currant money aforesaid.
And for the more Orderly and Easier Collecting the said Duty
by the said Act Impos'd, Be it further Enacted by the same
Authority, That all 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 New York, who are hereby required Sumarily to
hear and determine the same, on the Oath of One Credible
Wittness or Confession of the party offending, under the Penalty
of Tenn Pounds Currant money of this Colony, to be recovered in
·
716
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
more then one Imparlance shall be allowed.
And be it further Enacted by the Authority aforesaid, That all
Vessells that have or shall be built in any part of this Colony,
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. 84. 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 Same, That every person or
persons whatsoever, That Shall from 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, Shrubs, under-woods or bushes,
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-
with paid by Such Offendor or offenders, upon Conviction before
any Justice of Peace in this Colony, for the time being, who is
hereby impowered and required to hear and Determin the Same,
by the oath of One or more Credible Witnesses, or Confession of
the Party So Offending, that he or they have Committed the Said
offence, and on his or their Refusal to pay the Said Forfeiture, to
be committed by Warrant from the Justice of the Peace, to the
Common 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 Governm't,
and the other half to him that Shall be damnified, and that Shall
Sue for the Same, besides Such p'son or p'sons 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 negligence
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 Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 84. The
act is not in Baskett Expired, November 25, 1713.]
AN ACT 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 County.
[Passed, November 25, 1710.]
FORASMUCH as the Safety, good and wellfare of the City of
Albany does greatly Depend on the Repairing the ffortifications.
of the same, Be it therefore Enacted by his Excellency the Gover-
nour, Council and Representatives 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 all 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 Out-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 County, 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
Agree amongst themselves, and shall there 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 and
718
LAWS OF THE COLONY OF NEW YORK.
receiving of the Publick Rates for defraying the publick and
necessary Charge of the same, be the Assessors and Collectors
for the Assessing, Collecting and Receiving the Quantity of
Plate herein before 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 by the Authority aforesaid, That
the said Mayor, Aldermen and Justices of the Peace have and
shall have power and Authority, by Virtue 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, Residents, 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 such
Assessment, as by this Act is required, or shall deny,
neglect or refuse to Collect any Sume or Sumes of Money, in
form before mentioned Assessed, that then and in such Case, it
shall and may 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 Deducted.
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 of them
who are hereby required, Impowered and Authorized to take
Effectual 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 Execute
all 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 Discretion 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 brought, moved
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 Special matter in
Evidence. And if the plaintiff or prosecutor shall be non-Suited,
or forbear further prosecution, or suffer discontinuance or Verdict
to pass against him, the Defendant or Defendants shall have
Treble Costs, for which they shall have the like Remedy as in
cases where Costs by Law are given to Defendants.
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 same,
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, Collected 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
Schonectady, 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 after
the Publication hereof, and no Longer.
[CHAPTER 221.]
[Chapter 221, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 84. Printed
in 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 the
LAWS OF THE COLONY OF NEW YORK.
721
Severall Countys Citys Towns Mannors Libertys and Jurisdic-
tions in this Colony who were and have been at any time hereto-
fore Chosen and Appointed to Levy and Collect all or any part
of the Taxes raised within this Colony since 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 Collector or Collectors for the
Time being, shall and are hereby directed required and Impowered
to Levy and Collect the Arrears of all 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, Libertys and Jurisdictions in
this Colony, chargeable therewith, who have not paid all, 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 by the Authority aforesaid, That
the said Collectors, and every of them, shall have the same
powers and Authoritys, privileges 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 all 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 apply'd towards defraying the necessary.
Charge and Support of the Government.
91
722
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 Credit.
[Passed, November 25, 1710.]
BE it Enacted by the Governour, Council & Assembly, & by the
authority of the same, That from and after the first day of
November, in this present 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 Credit, 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 Credit 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 Credit, 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 all publick
Levys coming to his or their hands, to the Govern'r Council 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 Baskett.]
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 Inhabitants
LAWS 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 Suffolk hath or 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 Van Schaack, where the title
only is printed
Baskett, p. 133.]
Title only is printed in Bradford's 1715 ed., p. 88;
An Act for raising fforces to assist in the
Expedition 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 Expedition to Canada, which
Men shall be Levyed in the manner following Vizt:
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 effectual 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 all 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
all 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 Expe-
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 Execute and Levy the said forfeiture on the Goods and
Chattles of all 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 effects 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
Expedition, [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 Expedition] 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
Expedition, 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 pay 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
to take into his Custody and keep close Prisoners during the said
time of Six Moneths.
AND BE IT Enacted by the same Authority, That all 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, All
which fforfeitures being distrained by the said Serjeants or Cor-
poralls of the Troops shall be exposed to Sale by way of publick
Outery, the fforfeitures and charges thereof being paid and Satis-
fied, the overplus shall be returned to the Owner.
1
1
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
of Conscience refuse the bearing and use of Arms, all and every such
person and persons producing a Certificate from any two preachers
of their respective Congregations 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 Estates chargeable by the Acts
of General Assembly for any Sums to be raised towards
defraying the Charge of the present Expedition 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 Expedition, 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
all and every the Male Inhabitants of any Mannor within this
Colony that have not a Company shall forthwith list themselves
under their next adjacent Militia Officer 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 effectual Care, That the
several and respective Captains of the Several Companys in this
plantation may have 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 shall
LAWS OF THE COLONY OF NEW YORK.
727
list themselves for this Expedition, 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 Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 88;
Baskett, p. 133.]
An Act to appoint Commissioners to pur-
chase Provisions and other necessarys for the
Expedition to reduce Canada.
[Passed, July 26, 1711.]
BE IT Enacted by the Governour Council and Assembly and by
the Authority 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 have power and are
hereby fully authorized if occasion 'require to break open and Search
all 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 Expedition, 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, all or any provisions they shall find necessary for the
Expedition aforesaid, As also Men Horses Carts Waggons Boats
Canoes 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 equitable, 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 two 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 all 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 each 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 Bushel. 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 comes
from the mill with all the fflower, 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.
AND 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 Expe-
dition, which said Warrants the said Treasurer is hereby required
and enabled to pay and shall be a 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 all
such provisions and other necessarys as they in their Discretions shall
judge requisite and sufficient for the better and more effectual
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 have the like powers and authoritys the
Commissioners in New York are Clothed with all 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 Expedition 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 Petition 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 Council and Generall Assembly of
this Colony of New York And by ye Authority of ye same That it
shall and may be lawful for him the said Thomas Whitehead to
Aliene Sell and Dispose in ffee Simple or otherwise of any part or
parcel of the said Devised Lands with ye Appurtenances not
Exceeding ye Quantity of ffour hundred Acres Out of One or at
most two Tracts or parcells of ye Lands Devised by ye 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 all
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 all Right of her
Majesty her heires and Successors and of all bodyes politick and
Corporate and of all other persons whatsoever Except the said
92
730
LAWS OF THE COLONY OF NEW YORK.
Thomas Whitehead and ye heires of his body, and ye said Jonathan
Whitehead and ye heires of his body and ye 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 Levying the Sum of Ten thou-
sand Pounds.
[Passed, July 26, 1711.]
BE IT Enacted by the Governour, Councill and General Assem-
bly and by the Authority of the same, That the Sum of Ten Thou-
sand Pounds be and is hereby given and granted to Her Majesty
Her Heirs and Successors be paid to and Issued by the Treasurer
of this Colony for the Time being to be applyed for the payment of
such of the Six hundred Men of the Militia of this Colony appointed
to Serve in the present Expedition to Canada as shall appear on the
return of the fforces, to have Served, and to and for no other Use,
Intent and purpose whatsoever. That is to say,
A Colonel, Twenty 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 Day, New
York Money, additional pay, Each.
Twenty Seven Serjeants, Each Two Shillings per Day.
Twenty seven Corporals, Each Eighteen pence per Day.
Ten Drummers, Each Eighteen pence per Day.
Three Chyrurgeons, Each Six Shillings per Day.
And three hundred fifty one private Centinels, eighteen pence per
Day to Each, and Every of them, One hundred and fifty Indians
at twelve pence per Day, besides their provisions.
AND BE IT further Enacted by the Authority aforesaid, That
a Muster Roll of the Names of all the Volunteers, expressing
when listed, and of those Impressed, when detach'd, be Trans-
mitted to the said Treasurer by the principal Officer of the Militia
of every City and County, Signed by 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 pay-
LAWS OF THE COLONY OF NEW YORK.
731
ment of the fforces to Serve on this Expedition, under the penalty
of five pounds on each Officer who shall make default herein to
be recovered 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 Captains 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.
倍
​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 Estates real and personall of all 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 shall be Collected and
paid in such manner and under such restrictions and Regulations,
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 present Majesties Reign is
Enacted, Declared, provided and Expressed to all Intents Con-
structions and purposes whatsoever, as if the same had been
herein 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 present Expedition against
Canada to be Levied in the Citys of New York
and Albany, and the pay of other Officers and
Uses relating to the Same Expedition.
[Passed, July 26, 1711.]
BE IT Enacted and it is hereby Enacted by His Excellency
the Governour Council and General 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 all 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 said
LAWS 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 voluntarily, 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 above all
other Encouragements and Allowance already granted by Law.
And for the better more due and orderly Assessing rating levying
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 have and shall have by virtue
of this Act full power and authority severally and respectively to
administer an Oath to all and every the Assessor and Assessors
aforesaid in manner following vizt. That he or they shall well
and truly execute and perform the said Office of Assessor and
truly equally and impartially and in due proportion assess and
rate the Estates of the ffreeholders Inhabitants Residents and
Sojourners of and in the said City and County according to their
Skill and that therein they shall spare no person for ffavour or
Affection nor grieve any one for hatred or ill Will 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 Convene together and to rate and Assess each Ward
in due proportion after one and the same method and manner
And the said Assessors and every of them are hereby required
within the space of Ten Days after the publication of this Act
to make their severall and respective Assessments aforesaid and
also make true and perfect Copies of the Assessment So to be
made 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 all the powers and Authoritys necessary for the
Execution of this Act And shall also be liable to all such paines
and forfeitures as are mentioned and exprest in and by an Act
of the Generall Assembly of this Colony 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 have
and receive for his pains in the Collecting 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 have 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 immediate Care
That the severall and respective Captains of the severall Com-
panys within the said City and County may have 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 have 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 Regiment of the said City and County to serve on
the present Expedition to Canada, and also in like manner to
raise the Sum of Eight pounds sixteen shillings and three pence
being nine pence per pound to the Collector and six pence per
pound to the said Treasurer which said Assessors and Collectors
LAWS OF THE COLONY OF NEW YORK.
735
shall be liable to the same pains and penalties as above in this
Act Expressed, any Law Usage or Custome to the Contrary,
notwithstanding.
AND BE IT also Enacted by the Authority aforesaid That
there shall be paid and allowed six Shillings per Day for an
Adjutant and four shillings per Day to a Quarter Master to the
fforces that are to go out of this Colony on the present Expedition
out of the Money to be raised for publick Use And that the
Receipts of the Captains Commissionated to go on the Expedition
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 present Service. And also That one Lieutenant at four
Shillings per Diem be added to make up the Number of
Lieutenants Eighteen.
AND BE IT further 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 present
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. Expired, November 1, 1713, See chapter 215. Further provided
for by chapter 263.]
An Act for Continuing an Act Entitled
An Act for laying an Excise on all 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 all strong Liquors retailed in this Colony
made in the Ninth Year of the Reign of Her present 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 Yeares, that is to say, from the first Day of Novem-
ber one thousand seven hundred and eleven to the first Day of
736
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 October 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.
[CHAPTER 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 full in Baskett, p. 134. Expired November 1, 1713. See
chapter 218.] /
An Act for the more effectual putting
in Execution an Act of General Assembly
Entituled An Act for laying a Duty on the
Tunnage of Vessels 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 all and every
such Negro or other Slave, and him her or them to Secure and
keep 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
effectual 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 by the Authority aforesaid, 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
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 arrival 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 have brought into this Province and to
whom Consigned, and on his or their refusal to take such 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
Credit 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 Credit 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 all publick payments
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 Credit shall be Signed by Capt.
93
738
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 hundred and eleven to be by him paid to
such Men as are and shall Serve in the present Expedition to
reduce Canada and other Charges and Expences attending the
said Expedition and to Account to the Governour Council
and Assembly of this 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 payment and Discharge of any Debt or Debts, Bargaines,
Sales, Bonds, Mortgages and Specialties whatsoever, shall be as
good and effectual in the Law, to all 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 further Enacted by the Authority aforesaid, That
the said Bills of Credit 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 the 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 Tenor and Date,
and so like in Circumstances as possible may be, to such Bills of
Credit 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
Thousand 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 said
LAWS OF THE COLONY OF NEW YORK.
739
Signors shall not Sign a greater Number of the said Bills of
Credit than what shall amount to, or pass, or be Current, for more
than twenty five thousand Ounces of Coined Plate, Nor the said
Bills of Credit 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 required 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 Credit as aforesaid
according to the genuine Intent 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 present
Sessions shall be paid to the said Treasurer in the said Bills of
Credit, by the Collectors thereof, and in no other Specie whatso-
ever. And for the better and more effectual Sinking and Can-
celling the said Bills of Credit 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 Credit 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 Credit 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 Authority 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 liquors to the Indians, and
to prevent the Embezeling of Any of the
Cloathing Arms or Accoutrements Sent by
her Majesty for the Service of the present
Expedition.
[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 beneficiall for keeping the Indians in
good Order and Discipline. During the late Intended Expedition
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 Present Expedition against Canada
he or 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 to
LAWS OF THE COLONY COLONY
741
OF NEW YORK.
be recovered before any two of her Majestys Justices of the Peace
One whereof to be of the Quorum who are hereby required and
Impowered to hear and Determine 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
present 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 Expedition 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 lawful 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 which 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 Expedition to Canada.
[Passed, August 4, 1711.]
For the better & more Effectual Securing & defending this
Province during the present Expedition
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 any
742
LAWS OF THE COLONY OF NEW YORK.
OLONY
t
Beacon lighted, or the appearance of three ships or more & hear-
ing any of the said Guns fired one of the Centinels in any of the
said Countys Shall on the perceiving of any Beacon lighted, or
hearing the said great Gun fired, light the Beacon erected as
aforesaid, & fire the Said great Gun & one of w'ch Centinels
Shall be and are required hereby forthwith to give notice to the
Comanding Officer of that County, who is hereby required to
Rendezvouse the Militia of that County at Some Convenient
place with their Arms and Accoutrements pursuant to an Act
Entituled an Act for the better Setling the Militia of this
province & makeing it more usefull for the Security & defence
thereof and to March to Such place & places as his Excellency
shall direct.
And for the more Expeditious alarming the Inhabitants of Long
Island one of the Men posted at any of the before men'coned
Beacons there, is hereby Commanded to ride post and give notice
Immediately to the next Commanding Officer in the said Countys,
and the Commanding officer in Queens County is hereby
required on the aforesaid Notice, to dispatch an Express
to the Commanding officer in Huntington in the County of
Suffolk, who is hereby required to dispatch the Same forward to
the next Feild Officer, and Such Officer is hereby required Imme-
diately to Command the Militia of that County to appear in Arms
according to the said Act, & forthwith March them to Such place
or places as his Excellency shall order and direct.
And be it further Enacted by the same Authority, That the
Several and respective Captains or Commanding Officers of every
Company of the respective Countys in this Colony Shall and are
hereby obliged to muster and Exercise their distinct Companys
in Arms once every fortnight, and the Commanding Officer is
hereby required to make one General Muster of the wholl Regi-
ment or Militia in every County once every Month, which Com-
panys once every fortnight, and Regiments once every month
Shall appear in Arms well Equipped pursuant to the said Act.
And be it further Enacted by the Authority aforesaid, That all
persons that have bore any Military Office in this Colony & all
other persons whatsoever not yet Inlisted in the respective Cittys
& Countys thereof Except the Members of her Maj'ties Council
the 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 his Excellency and to
LAWS OF THE COLONY OF NEW YORK.
743
make their appearance well Equipped according to the Act here-
in before 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 present Expedition to Muster and appear in Arms when
thereunto required by their respective officer or officers and in
Case of Alarm to do and perform all 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 neces-
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 Countys 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 effectual 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 mone for defraying the Charge and Expence
aforesaid to be paid into the respective Treasurers 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
Supervisor Treasurer or Justice Shall neglect deny or delay to
do and perform 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.
t
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 Journals
of Legislative Council, p. 322.)]
An Act to authorize the Surviving
Comm'rs for the Expedition 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 Robert 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 Expedition to reduce Canada, made in the tenth Year
of Her present Ma'ties Reign, & also the Surviving persons
appointed & directed to sign and Deliver Bills of Credit made
Current in & by one other Act, entituled an Act for the Currency
of Bills of Credit for Twenty five 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 all 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 all 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 all purposes and Intents, as if Capt John De Peyster
now lately, dece'd, the other Comm'r & person Impowered &
men'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 Capt Peter Van Brugh
or Mr. Hendrick Hansen Comm'rs at Albany, relating to the
Same Expedition, the Surviving Comm'r respectively. shall have
the same Powers and performe the same Service and Dutys as
both of the said Comm'rs respectively should have & 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 present 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 Credible Witness, before
any Justice of the Peace in this Colony, who is hereby authoriz'd
and requir'd to hear and Determine 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
94
746
LAWS OF THE COLONY OF NEW YORK.
suffer such punishment by Fine or Imprisonment as to Such Jus-
tice of the peace in his discretion Shall appear proportionable to
the offence.
And be it further Enacted by the same Authority, That all such
Fines, which shall be Impos'd and Levy'd by Virtue of this Act,
shall be paid into the Treasurers of the Citys 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 Van 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 Estates Real and Personal of all 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
fifth 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
Queens County
Three hundred Ounces –
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
LAWS 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-
men 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 agree 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 all 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, such
748
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
fine and Ransom for such their Offence, the one half of such ffines
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 have, and shall have 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 reside, (who are hereby required and
impowered to hear, determine 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 Space 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 by
་་
LAWS 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 above 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 Credit 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 effectual
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 all or any of the powers, Dutys and Authori-
ties by this Act required by him or them to be done, and shall
thereof 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 Discretion 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
special 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 Defendant or Defend-
ants, shall have treble Costs, for which they shall have like
Remedy, as in case where Costs by Law are Given to Defendants.
PROVIDED always, That no Mayor, Alderman nor Justices of
750 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 Mis-
take committed, and not at any time hereafter, any thing herein
contained to the Contrary notwithstanding.
[CHAPTER 238.]
[Chapter 238, 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.] ·
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 Credit made 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 Officers 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 present 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 present 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 Van Schaack, where the title
only is printed. Title only is printed in Bradford's 1715 ed., p. 88;
Baskett, p. 136. See chapter 232. Revived by chapter 244.]
An Act for 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.
[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 Van 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 Collector
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 Levying 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 Tenors 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 have not paid, And pay the said Arrears of Taxes,
752 LAWS OF 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 Case of their Death or
removal, the Assessors and Collectors that shall be chosen or
appointed, and every of them, shall have the same powers and
Authorities, priviledges and Advantages for the putting this or
any of the 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 all 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.]
WHEREAS John Van der Heul and John Rosevelt having set
forth in their Peticon presented to the General Assembly, that
by their Industry and great Charge they have Erected in the
City of New York a Mill for Grinding Flaxseed and making Lint-
seed oyle, and have 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 John
LAWS 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.]
[Chapter 242, 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. 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 Credit 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.]
[Chapter 243, of Livingston & Smith and Van 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 Expedition 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
!
95
754 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
the Estates real and personal of all and every the Inhabitants
Residents Sojourners and Freeholders of and in the County of
Suffolk within the Colony 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 Expe-
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 Sums per Day allowed them in an Act made in
the Eighth Year of Her Majesty's Reign for paying them for three
Moneths And the said Capt. Samuel Mulford, without any ffee or
Reward, shall pay or cause to be paid unto Each Man which was
upon that Expedition at that time So much 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, Collecting 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
have 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 pennyweight and eighteen Grains of plate aforesaid for
each Dollar, and Bills of Credit according to their Currency.
LAWS OF THE COLONY OF NEW YORK. 755
[CHAPTER 244.]
[Chapter 244, of Livingston & Smith and Van 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 Governour Council and Assembly and by
the Authority of the same, That one 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 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.]
Anct for prohibiting all persons but
John Parmiter and his Assigns to make Lamb
black during the Space of five Yeares.
[Passed, June 26, 1712.]
WHEREAS John Parmiter having by his Petition 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 term
756 LAWS OF THE COLONY OF NEW YORK.
2
!
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 Colony 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 term
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
late Expedition against Canda, Seven hundred Eighty Seven
Ounces and one half of Plate, of Sivill, Pillar or Mexico, or in
Bills of Credit Current in this Colony. That is to Say, to every
one of them or their Assigns, whose names are hereinafter men-
tioned, Thirty Nine ounces and three Eighths of an Ounce of Such
Plate or Bills of Credit. 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 Blackhal, 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 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 Fifteen hundred
ounces of Plate for Securing of the 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 hereby required to pay, to Such of the Commissioners
for the Indian Affairs at Albany for the 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, one hundred and fifty days, from the
first day of this Instant June, and Seven hundred and fifty
Ounces of Plate, more to the said Commissioners or any five of
them for paying an Account of Two hundred and One pounds
thirteen shillings and Eleven pence half penny from the 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 have Served last Winter in full discharge of all
Debts Claimes and Demands whatsoever relating to the publick
Service due to, or made by, or of, the Said Comm'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 present 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 Van 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 Collectors for the several
1
}
758
LAWS OF THE COLONY OF NEW YORK.
Countys, Citys, Towns, Mannors, Libertys, and Jurisdictions in
this Colony, who were and have been at any time chosen and
appointed to levy and collect all or any part of the Taxes raised
in this Colony since the twenty seventh Day of September which
was in the Year One thousand 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 all 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 have not paid all 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 have the same powers
and Authoritys, 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 all 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 all 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 Space 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 refusal to pay
some of those Taxes Question has been made of the Legality of
LAWS 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 all 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 Credit 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 Credit for four thousand
pounds.
AN ACT for Levying Ten thousand Ounces of Plate or fourteen
thousand five hundred forty five Lyon-Dollars.-And
AN ACT for the Currency of Bills of Credit 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 effectual 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 the
!
760
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 Expeditions against Canada at
Albany do lay an Accompt of the Colonys Stores before this
House 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 all 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 Denyal 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
[CHAPTER 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 discharge the Treasurer for one
hundred pounds formerly allowed him.
[Passed, December 10, 1712.]
BE IT Enacted by the Governour 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
Sevil pillar and Mexico, Dollars and half Dollars equal to the
value of thirteen pennyweight and eighteen Grains each Dollar,
or Bills of Credit of this Colony, the Value of Two hundred and
ffifty Ounces of plate to His Excellency the Governour, 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 have received from the French, and engage them to
a firm adherence to their Covenants and promises to this
Government.
AND BE IT further Enacted by the Authority aforesaid, That
the Receipt of Coll Peter Schuyler 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 Governour Council and Assembly and
by the Authority of the Same, That no person or persons here-
after throughout this Colony, do presume to Trade with any
96
762
LAWS OF THE COLONY OF NEW YORK.
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 all Contracts and Bargains made with 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 such Slaves to punish their Slaves for their Crimes and Offences
at Discretion, 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 have 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 Employment for their Masters or Mistresses profit, or by
their Masters or Mistresses Consent, upon penalty of being whipt
upon the naked back, at the Discretion of any Justice of the
Peace, not exceeding forty lashes. And that it shall and may be
lawfull hereafter for any City or Town and Mannors within this
Colony to have and appoint a common Whipper for their Slaves,
and for his Salary it shall and may be lawfull for any City or
Town within this Colony at their Common Council or Town-meet-
ing to agree 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 all such Slaves as shall be whipt as
aforesaid. AND in Case any Slave shall presume to assault or
strike any Freeman or Woman, professing Christianity, 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 whatsoever 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 Certificate 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 aforesaid.
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 Consideration than is by this Act prescribed,
shall forfeit double the Sum the said person or persons enter-
taining ought to have 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
some One Justice of the Peace, or being suspected to know, dos
upon Complaint not discover the same, or upon Tender of an
764
LAWS OF THE COLONY OF NEW YORK.
Oath by any Justice of the Peace before whom such Complaint
shall come, 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 Path 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 Goale 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, have sworn 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 are many Negroes, Indians or Mallattos,
who have been formerly manumitted and made free within this
Colony by their Masters or owners, and it is found by Experience,
that they entertain, harbour, support and encourage Negro-
Indian-and Mallatto Slaves, to the great detriment 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 first
given and signified as aforesaid, or without the Master or person,
under whose care the said Slave is, be present, the said-Negro,
Indian or Mallatto so offending' shall be forthwith apprehended
and forfeit the Sum of Ten pounds for every night or day 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 Experience, 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 the 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 such Negro
Indian or Mallatto Slave shall be made free by the Will or Testa-
ment of any person 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 all
and every Negro Indian or other Slave, who 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 rape 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 Determine 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,
cr 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 have or are suppos'd to have committed any
of the Murders, Rapes, 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 all or any person or persons to
766
LAWS OF THE COLONY OF NEW YORK.
come before him, that can give Evidence, and if upon Examina-
tion it appears that the person or persons apprehended are guilty,
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 Virtue 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 refusal 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 with 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 immediate 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 have 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 Sworne 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
it shall not be lawfull for any Negroe, Indian or Mallatto Slave to
have or use any Gun or Pistoll but in his Master's or Mistresse's
LAWS OF THE COLONY OF NEW YORK.
767
presence or by their direction on penalty of being whipt for the
same at the Discretion of the Justice of the peace before whom
such Complaint shall come not exceeding twenty lashes on the
bare back for every such Offence.
AND BE IT further Enacted, That every Justice of the Peace,
Constable, or other Officer, neglecting, delaying or refusing to
perform 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 Warrant 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
the Charge of prosecuting and Executing Negroes and Slaves in
manner 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 determine 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
effectual 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
Estate 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
Gentl'n 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 Money, 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-
bly and by the Authority 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 all
LAWS 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 appurtenances 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 Appurtenances by him the said
William Anderson in Due form of Law executed shall be good
and valid 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
appurtenances 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 Insufficiency 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 by him Contracted;
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 benefitt 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 appurtenances
by the said William in pursuance and by Virtue 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 otherwise howsoever, Saving to
her Majesty her heirs and Successors all Bodys Politick or Cor-
porate and all 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.
97
770
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 when the same
appear to them doubtful or uncertain, 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
all 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-
țially 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 have and receive such Suitable
Reward for their trouble as aforesaid when they shall have made
the Report hereinbefore expressed as the General Assembly after
Receiving such Report of the Commissioners aforesaid shall think
ft to allow them.
LAWS OF THE COLONY OF OF
771
NEW YORK.
[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 Educat-
ing his Children.
[Passed, December 10, 1712.]
WHEREAS 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 Governour 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 all
Intents and purposes to Sell Convey and Assure all 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 Law Executed shall be good and valid in the Law to all
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 all Bodyes Politick or Cor-
porate and of all 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
all 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 in
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
have hereby full power to Collect & Levy the same according to
the Tenor 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 & pay the aforesaid Sums of
mony into the hands of the Treasurer as aforesaid, the Collector
So refusing neglecting or Delaying Shall respectively forfeit the
Sum 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 aforesaid any thing
herein contained to the Contrary hereof notwithstanding.
1
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-
cations of the City of Albany and Town of
Schonegtade 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. BE IT therefore Enacted And
it is hereby Enacted by His Excellency the Governour and Coun-
cill and Assembly 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 all and every the ffreeholders Inhabitants and sojourners
inhabitating dwelling or residing within the said City from time
to time and at all times during the Continuance of this present
Act by equal proportions according to their respective Estates
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 such
place or places or such person or persons in the said 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 Peace
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 all 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 present 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 ffortifications 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 Executing of this Act BE IT Enacted
And IT IS hereby Enacted by the Authority aforesaid That the
Stockadoes Money and ffirewood to be Levyed by Virtue of this
Act shall be raised levyed Collected and paid in the same and
like manner as all other publick Taxes of this Colony are used
to be levyed collected and paid, save 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 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 Assem-
bly of this Colony made and Enacted in the Eighth Year of Her
present 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 Schuyler as Capt in the last Expe-
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 have 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 COLONY 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
Credit 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 remaining part of the Money still due on
the Sum advanced upon the Credit of the said
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' present 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 Credit 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
have 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 same. AND WHEREAS the Sum of five hun-
dred pounds was advanced upon the credit of the said Act by
Gerardus Beekman Esq'r and Caleb Heathcote Esq'r together
with several other persons, which are all since dead or gone out
of this Colony, whereby the said Gerardus Beekman & Caleb
Heathcote are now and stand bound as Contra-Security for the
payment 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 present 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 hundređ
776
LAWS OF THE COLONY OF NEW YORK.
pounds Tax by the before recited Act raised, was not applyed
to that use, but Made use of for those Services for which 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 Credit 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 come 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, PROVIDED, nothing
in the said Act should extend to release any person or persons who
had 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 have 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 may more at large appear. AND
WHEREAS in pursuance of the said last recited Act the Sum of
four hundred twenty five pounds twelve Shillings and eleven
Fence 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
Whenham is since deceased, whereby the aforesaid last recited Act
1
LAWS OF THE COLONY OF NEW YORK.
\777
and for defects therein is become ineffectuall for the payment of
the remaining part of the said Debt amounting 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
Interest thereof, amounting in all 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 Credit given for the said Act for raising the Eighteen hun-
dred 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 Credit given by the
same Act, And to prevent any further Interest or Charges that
may accrue on the same.
BE IT therefore Enacted by the Governour Council and Assem-
bly, and by the Authority of the Same, That the Treasurer of this
Colony shall and do pay, out of the publick Moneys that shall Come
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 misapply'd in the Eighteen hundred pounds Tax, and every
Clause and Article therein Contained, be and it is hereby
Repealed, 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 Enacted by the Governour Council and Assembly, and
by the Authority of the Same, That the Inhabitants of the Second
98
778
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-
itants 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 fifth Day of December
next ensuing. But if the Inhabitants and Freeholders as afore-
said upon such Warning given as above should neglect of all or
any of such Election as aforesaid, Then the said Justices or any
Five of them shall have Power and are hereby Authorized and
required 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
such pains and penalties as other Assessors of this Colony 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. Revived 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
all former Acts heretofore made in this
Province relating to the Same.
[Passed, December 10, 1712.]
Be it Enacted by the Govern'r Council and Assembly 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 all former
Acts 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 aforesaid
LAWS 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 weight and eighteen Grains each Dollar, or in Bills of
Credit 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 all 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
$
780
LAWS OF THE COLONY OF NEW YORK.
For all European Goods, Imported into this Province from
auy other of Her Majesty's Plantations, Eighteen Ounces and
three quarters of Plate aforesaid for every hundred Pounds value
prime cost so Imported.
For every Gallon of Rum Imported into this 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 Authority 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 have 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 Authority 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 come 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 upon 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
be in the Year Seventeen hundred and fourteen, and no longer.
1
LAWS OF THE COLONY OF NEW YORK.
781
1
[CHAPTER 260.]
[Chapter 260, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford, 1715 ed., p. 169. 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 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 the better Settling of
the Militia of this Province, and making it
more useful for the Security and Defence
thereof; and for Repealing all 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 all former Acts heretofore made in this Province relat
ing to the same, made in the first Year of her present 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 Van 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
Effectual preservation 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 to
782
LAWS OF THE COLONY OF NEW YORK.
the reward for destroying or killing Squerrils, Crows and their
Young ones, Black-birds and their Young ones, mentioned and
Expressed in an Act for the more effectual preservation of Deer
and other Game, and the destruction of Wolves, Wild-Cats and
other Vermine, made in the Seventh Year of Her Majesties Reign,
Be and is hereby Repealed, made Null and Void, to all Intents and
purposes whatsoever, from and after the publication of this Act.
[CHAPTER 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, with Power, Authority, and
Privilege, 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 have been consider-
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 Confirmed 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
all intents, Constructions, and purposes, as if the said Grant and
the said Will 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
whom, among other things, the said Bridge, with all the Tolls,
Rights, and Privileges 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 present
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 depute,
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-
ingly 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, Vessel, or Canoe, that shall pass the Bridge, and cause the
same to be drawn up, One peny Weight and Twenty one Grains;
For each 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, Vessel, or Canoe, 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 have 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 they 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 were
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 accordingly, and to commit the
Offender, until he, she, or they pay or satisfie the same.
Provided nevertheless, That (in pursuance of a Reservation in
the Grant before mentioned) Her Majesty, Her Heirs and
Successors, shall have free Egress and Regress of all Her and
their Forces, Horse and Foot, Coaches, Waggons, Stores of War,
Ammunition, and Expresses, that shall, from time 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-ways, 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 between
the main Land and the said Neck, or Island of Papparinnemo,
which adjoyns next unto the said Neck, in like manner as has
been heretofore 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.
LAWS OF THE COLONY OF NEW YORK.
785
THE FIFTEENTH ASSEMBLY.
Second Session.
(Begun Oct. 15, 1713, 12 Anne, Robert Hunter, Governor.)
[CHAPTER 263.]
1
[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 Van Schaack
and Baskett, state that the act was confirmed, June 17, 1715. See order
in Council confirming, in Doc. Rel. to Col. His. of N. Y., Vol. V., p. 412.)
Continued by chapters 264, 676, 933, 1325.]
An Act for laying an Excise on all
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 same, 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 all 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,
yearly 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 Mayors, Aldermen and Justices of the Peace
99
786
LAWS OF THE COLONY OF NEW YORK.
respectively, in their discretions 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 appointed to be made by affixing Advertisements 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 all 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, who 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
agree 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 have paid,
to be paid into the Treasurer Quarterly, as aforesaid, or other-
wise to make such Retailer or Retailers enter into Recognizance,
•
LAWS OF THE COLONY OF NEW YORK.
787
with sufficient Sureties, for the true and due payment of the
Excise herein before appointed, to be paid and granted according
to the true meaning hereof.
And for the due and orderly Collecting the Excise hereby
Given and Granted, Be it further Enacted by the authority afore-
said, That all Retailers of strong Liquors within this Colony,
shall upon all their Receipts of all such Liquors before expressed,
and Exciseable, come to the Farmer of the Excise (if any be) or
to the Mayor, Aldermen or Justices of the Peace respectively,
and on default thereof, all 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 have 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 Credible
Witnesses, before any Justice of the Peace within this Colony,
the said Retailer or Retailers so Offending in the Premises, shall
forfeit all 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, who is and every of them are
hereby required and Impowered summarily, and at his discretion
solely to hear and determine the same, and to Issue his Warrant
for sezing all such Liquors to be forfeited, as aforesaid, and for
committing to the Common Goal all such Retailers of Liquors,
who have 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 have 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 presume 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
pay 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.
:
1
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 same, 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 Regulations 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
all and singular the Moneys arising by virtue of this Act, during
the whole time aforesaid, shall be applyed to and for the Paying
and 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 ouly is printed in Bradford, 1715 ed., p. 182; Baskett,
p. 149.
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 all 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 by the Governor, October 23, 1713. (See Journals
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
was 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 Duty 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.
That 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
within this Colony at publick Auction, Vendue or Out-Cry, (the
Excise, Goods and Effects of all 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 all 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 what is before excepted) at publick Auction
or Out-Cry, shall, at the expiration of every three Months, give
an exact and 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 all Goods, and other
things above-mentioned, by him or them sold by Auction, Vendue
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 within 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 all 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 Accounts, 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-ery, shall
LAWS OF THE COLONY OF NEW YORK.
791
neglect, deny or refuse to give an exact account, and pay in the
Money for all 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 Assembly 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, Thạt 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. Revived 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 Ruinous, and almost impassible, very dangerous to all 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-water only, shall be Repaired and amended by the
Inhabitants of all 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
all 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, to 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 all the remaining part of the said High-ways and
Roads of the said Island Manhaten, from the Limits of Harlem
Patent, to the Cawse-way of Kings-Bridge, shall be, from time to
time hereafter, cleared, repaired and amended by the Inhabitants
LAWS 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 all and
every the common High-ways, Cause-ways and Bridges within
the City and County aforesaid, Be it further Enacted by the
Authority aforesaid, That the Mayor, 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 Refusal, any two 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 they 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 Certificates
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 special Sessions
to be held for that purpose, by three of 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 all other
Persons concerned in putting this Act in execution, duly observed
and performed. And the said Surveyors are hereby impowered
100
794
LAWS OF THE COLONY OF NEW YORK.
and authorized to summons and give notice to such and so many
of the Inhabitants of the Wards aforesaid, as they the said
Surveyors shall think fit, at such 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 meet and convene with Carts and Carriages,
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 all 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 have 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 manner
LAWS OF THE COLONY OF NEW YORK.
795
aforesaid) who shall refuse or neglect to do and perform the
Duties and Services required by him or them in and by 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, with
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 Difference 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 Determination therein, made in
Writing under their Hands, shall be Conclusive to all 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 Van 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 Colony.
[Passed, October 23, 1713.]
For the better attaining the End designed by an Act, entituled,
An Act for the laying out, regulating, clearing and preserving
1
796 'LAWS OF THE COLONY OF NEW YORK.
publick common Highways thro'-out this Colony, made in the
second year of the Reign of her present 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 Stephenson, Coll. John
Jackson, and Mr. James Clements.
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 Stephenson and
Mr. John Haith.
1
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 have
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 any Road that is already Commodious, so as to lay it out
through 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 any two Justices of the Peace,
LAWS OF THE COLONY OF NEW YORK.
797
and six of the principal Free-holders of the Neighbourhood, not
having any Interest in the 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 have, 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 Five
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-fields, the Dimension of the breadth of
the said Road shall be, and is hereby left to the Discretion 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 have 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 have 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 time
798
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 all 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 have 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
have 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. And every Working Man shall be obliged to
bring such Materials of Spades, Axes, Crows, Pick-axes, and other
Utensils, as shall be directed by the Over-seers of the Highways.
LAWS OF THE COLONY OF NEW YORK.
799
t
And be it Enacted by the said authority, That in case any
person or persons shall stake or shore open any such Gate or
Gates, as aforesaid, or otherwise ride over and through any
Lands, Meadow-Grounds or Corn-fields, to the 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-ways or Roads, and pay all
Damages, with the Costs, the Owner of the Soil or Tenant, shall
suffer or sustain thereby, as any of her Majesties Justices of the
Peace of the Town, County or Precinct, wherein such Offence
shall be committed, shall determine, whose Determination 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 Refusal or Neglect shall so happen,
as aforesaid, to appoint another Commissioner or Commissioners
in the room of those who have 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 have, 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 have the same power and authority for laying out
and regulating the High-ways 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.
Penalties and
as any other the Commissioners
Forfeitures
Forfeitures as any
appointed by this Act.
Provided, 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,
Collectors.
a Treasurer, assessors and
[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 Tuesday 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 have 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 have, ought or are intended to have, 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 effectual 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 defraying 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,
801
[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 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 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.
(Begun 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 Vessels 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 Credit 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 directly from Great Britain, Ships and other
Vessels built in this Colony, or wholly owned by the Inhabitants
thereof, only Excepted,) To be paid by the Master or Commander
101·
802
LAWS OF THE COLONY OF NEW YORK.
within Six Days after the Arrival of his Ship or Vessel, upon
Penalty of Forfeiture of Two Ounces of Plate, as aforesaid, P. Ton,
to be Recovered in any of her Majesties Courts, by the Oath of
one Credible Witness, that they have not paid, or Refuse to pay
the Same, two Thirds of the Said Forfeiture 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 all
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 Vessel 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 Vessel, 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; The Length of every
Ship and Vessel 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 Vessel measured, as aforesaid, accord-
ing to the said Method and Rule all Vessels 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 all 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 have so Entered or Reported, with
the Names of Such Ships or Vessels 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 have
made a short Report of the Guage or Tonnage of his Ship or
Vessel, 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,
according to his best Judgment, and make true Entry thereof, as
aforesaid, and if it be found the Entry of the Said Ship or Vessel be
short of Such Guage made by the said Officer, the Master or Per-
son making such short Entry, shall Forfeit and pay Two Ounces
LAWS OF THE COLONY OF NEW YORK.
803
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 Custom-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
have 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 have 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 Credit made Current in this Colony, to the
value thereof, by the Master or Comander of any Ship or Vessel,
or Owner of any Negro or other Slave that Shall be Imported,
pr otherwise brought into this Colony, (all 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 arrival 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 arrival 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 Credit afore-
said, P. head, according to the Regulation of this Act, and no
1
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 have 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 be
1
804
LAWS OF THE COLONY OF NEW YORK.
Obliged to prove by the Oath of one Credible 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 effectual 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 all 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 ye 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 Sallary. And That the Officer for Collecting the
Duties aforesaid, Shall Enter into Recognizance to her Majesty,
her Heirs and Successors, in the Sum of One Thousand Pounds,
with Security to the approbation of the Speaker of the Assembly,
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 levyed by this Act Shall be disposed of and
applyed as the Governour, Council and Assembly 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
[CHAPTER 274.]
[Chapter 274, of Livingston & Smith and Van 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
chapter 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, until 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 Majestys Collector or receiver
806
LAWS OF THE COLONY OF NEW YORK.
Generall 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
Majesties 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 same;
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 first 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
demand 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 & security 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 require; for which License there shall be paid the
sum of ten shillings, and no more, over and above the Dutys as
aforesaid; and that the Receiver Generall for the time being shall
3
LAWS OF THE COLONY OF NEW YORK
807
keep a Distinct Account of the Dutys Receiv'd by him by Vertue
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
imparlance 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 Defendant, shall
have his her or their Treble Costs, to be recovered in such manner
as whereby Law Costs are given to Defendants.
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 Credible 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 Con-
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 Chap-
man, or other trading Person or Persons, as aforesaid, till such
808
LAWS OF THE COLONY OF NEW YORK.
time He, she or They shall Produce a License, in that behalf, if
He, she or They have 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 Officers,
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
Offenders Goods, Wares, or Merchandize, rendring the Overplus,
il any be, to the Owner or Owners thereof, after true Deduction
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 victuals, 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-
lectors of said County.
BE IT therefore Enacted by his Excellency the Governour,
Council and General Assembly of this Colony, and by the Author-
ity of the same, That the Severall Collectors in the County of
Richmond, who were or have been at any time Chosen or
Appointed to Levy and Collect all 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 all
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 have not paid
all 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-
ing 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-
102
810
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 respectively 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 Sam'll Steel Com-
mander of the Ship Benjamin and all 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 Petition 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 Mallossos 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 Arrival at this Port the afore-
1
LAWS OF THE COLONY OF NEW YORK.
811
said Master not having his Cockets from Bristol, Her Majestys
Receiver General here Demands the Duty of seven and a half
P. Cent for the European Goods pursuant to an Act of Assembly
of this Colony entituled an Act for a supply to be granted to Her
Majesty for Supporting the Government made in the twelfth
Year of Her Majestys Reign Humbly praying for some suitable
Relief from the Hardship of his Case. Wherefore for the ease and
Relief of the said Samuel Steel and all 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 Governour 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 all others Con-
cerned in the Cargo of the said ship Benjamin be Released
and Discharged and are hereby Released and Discharged
from the
the said Duty of seven 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 Government to be paid for all 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 Schaack, 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 Reviving 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 Act
812
LAWS OF THE COLONY OF NEW YORK.
to prevent Damages by Swine in the County of West Chester,
Queens County and County of Richmond, is expired by its own
Limitation, and the said Act having by Experience been found
to be very Beneficiall to the said Counties.
1
Be it therefore Enacted by the Governour, Councill and Generall
Assembly of this Colony, and by the Authority of the same, That
the said Act, and every Article, Clause, and thing therein con-
tained, be revived and Continued, and the same Act is hereby
Revived and Continued, and to remain in force for and during
the term of seven Years from and after the Publication of this
present Act, and no longer
J
[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.]
声
​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 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 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 Dollars or half Dollars, at Thirteen
penny Weight and Eighteen Grains each Dollar, or in Bills of
Credit 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 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 all 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 all 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 have 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 Lawful 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 satisfied.
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 present 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 one Thousand seven hundred and fifty Ounces of
Plate, in each Quarter, Such Deficiency shall be made good and
814
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 present
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 Presents to the
Five Nations of Indians and for his Expence
in going to Albany to treat with them.
[Passed August 6, 1714.]
BE IT ENACTED 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 Credit 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 Presents 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.
Assigns 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 act is printed in full.
Chapter 280, of Van Schaack, 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 edition. 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 Van Schaack, and Baskett, state that the act was confirmed by
the Crown, June 17, 1715. (See copy of order in Council, confirming in
Doc. Rel. to Col. His. of N. Y., Vol. V., p. 412). Explained by chapter 291.
See also chapters 450, 631.]
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 Credit, to the Value of
Twenty Seven Thousand Six Hundred and
Eighty Pounds, for that Purpose; also to make
void all Claims and Demands 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 have executed the Authority of the same;
for many of which Sums of Money, Warrants have 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 have
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, have 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 Credit 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 complied with in some Measure, will be the
utter Ruin and Undoing of many of the said Claimants, and prove
a great and irreparable 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 have prevented most of the said
Demands, had the said Sums been duly applied; yet, in Regard
many of the Warrants drawn as aforesaid, have passed in the
Nature of Bills of Credit, 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 Credit, 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 all Strifes, Animosities, and Divisions,
that might otherwise arise, for, about, or concerning any of the
said Claims, as well as in tender Commiseration 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,
That 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.]
II. And for the better and more effectual preventing of the
Paying over again, or undue Payment of all 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 hereby
LAWS OF THE COLONY OF NEW YORK.
817
Enacted by the Authority of the same, That all and every the
Persons above-named, their Executors, Administrators, or
Assigns, shall, on the receiving 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 have 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. have not, directly nor indirectly, formerly received the
Sum now to be paid me, or any Part thereof, or any Consideration
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 Consideration, hath
been paid or given to any Person whatsoever, for the Services
therein 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. PROVIDED 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
103
818
LAWS OF THE COLONY OF NEW YORK.
before mentioned, before any of her Majesty's Justices of the
Peace in the Colony, who are hereby impowered to administer
the same; which being certified by the Oath of any one Witness
present 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.
จ
IV. PROVIDED ALSO, AND IT IS HEREBY ENACTED,
That his Excellency ROBERT HUNTER, Esq; shall only declare
upon his Word and Honour, that the Sum mentioned in this Act,
is truly, and bona fide, due to him, and that he hath not received
any Payment or Consideration for the same, or any Part thereof.
V. AND IT IS FURTHER ENACTED by the Governor, Coun-
cil and General Assembly, and by the Authority of the same,
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 credible 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, have 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.
VI. And for the better and more speedy and effectual Pay-
ment of the several Sums before mentioned, and other the Sums
LAWS OF THE COLONY OF NEW YORK. 819
!
appointed to be paid by this Act; BE IT ENACTED by the Gover
nor, Council, and General Assembly, and it is hereby Enacted by
the Authority of the same, That Bills of Credit to the Value of
Twenty-seven Thousand Six Hundred and Eighty Pounds, shall be
printed; that is to say; Five Hundred Sixty-eight Bills, of Twenty-
five Ounces of Plate, or Ten Pounds Value each; Five Hundred
Bills, of Eighteen Ounces Fifteen Penny Weight of Plate, or
Seven Pounds Ten Shillings, Value each; Seven Hundred Bills,
of Fifteen Ounces of Plate, or Six Pounds Value each; Seven
Hundred and Twenty Bills of Twelve Ounces Ten Penny Weight
of Plate, or Five Pounds Value each; One Thousand Bills, of
Seven Ounces Ten Penny Weight of Plate, or Three Pounds Value
each; Eight Hundred Bills, of Six Ounces Five 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 Twelve Grains of Plate, or
One Pound Five Shillings each; Twelve Hundred Bills, of One
Ounce Seventeen Penny Weight and Twelve Grains of Plate, or
Fifteen Shillings Value each; Fifteen Hundred Bills, of One
Ounce Ten Penny Weight of Plate, or Twelve Shillings Value
each; Two Thousand Bills, of Fifteen Penny Weight of Plate, or
Six Shillings Value each; Four Thousand Bills, of Seven Penny
Weight and Twelve 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 all publick
Payment, and for any Fund at any Time in the Treasury. Dated
in New-York, the first Day of July, One Thousand Seven 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 above mentioned, then
alive. Which Bills of Credit to be made and issued out by Virtue
820 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
all 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 effectual in the Law, to all 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.
VII. AND BE IT FURTHER ENACTED by the Authority
aforesaid, That if any Person or Persons, Creditor or Creditors,
Obligee or Obligees, 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 all or any of their Debts, Dues, and
Demands whatsoever, or any Part of them, in the Bills of Credit
made current by this Act; refuse to accept or receive the said
Bills of Credit 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 Credit 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 Defendant
may plead this Act in Bar to any Action or Actions that shall
be so commenced.
VIII. 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 Credit (whereby the Credit 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 of
LAWS 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 Five Pounds, and under Fifty Pounds, the
Exposer to Sale shall forfeit the Sum of Five Pounds; and if the
Goods 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 Authority aforesaid, That
the Persons appointed for the Signing of the said Bills of Credit,
shall take an Oath before any one Justice of the Peace of this
Colony, for the true Signing and Delivering of all the said Bills
of Credit, 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 present 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 Credit made currentby
this Act, shall, for such their Service, have paid unto each of them,
or each of their Executors, or Assigns, by the Treasurer aforesaid,
in Bills of Credit made current by this Act, the Sum of Fifty
Pounds, as a Reward for their Trouble, in signing and numbring
the Bills aforesaid.
XII. AND BE IT ENACTED by the Authority aforesaid, That
if any Person or Persons whatsoever, shall presume to counter-
feit any of the said Bills of Credit, he, she, or they, being con-
victed thereof, shall incur the Pains and Penalties of Felony,
without Benefit of Clergy, and shall suffer accordingly.
i.
822 LAWS OF THE COLONY OF NEW YORK.
XIII. And that the said Bills of Credit may be truly and bona
fide sunk, as the Fund arising by Virtue of an Act, entitled, An
Act for laying an Excise on all Strong Liquors retailed in this
Colony, is paid unto the Treasurer of this Colony for
the Time being; BE IT ENACTED by the Governor, Council,
and General 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 Virtue 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 Credit made current by this Act, to any Person or Persons
bringing in the same; and the said Bills of Credit 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
Credit with their Counterparts, and entred into a Book, to be
kept for that Purpose, the Number and Value of such Bill of
Credit so sunk and destroyed: But if it so happen, that all, or any
Part of the Sums arising by Virtue of the Act aforesaid, shall be
paid unto the Treasurer of this Colony in Bills of Credit 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 Value 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.
XIV. IT IS ALSO ENACTED by the Authority aforesaid,
That the Treasurer shall receive no other Bills of Credit for the
Funds arising by Virtue of the Act before mentioned, than those
made current by this Act, until all the said Bills shall be sunk;
any Thing to the contrary in this or in any other Act
notwithstanding.
XV. 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 following Oath, viz.
LAWS OF THE COLONY OF NEW YORK. 823
I A. B. appointed Treasurer of the Colony of New-York, will
faithfully and truly 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 come 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 all the Money or Effects
that has been, is, or may come 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.
XVI. 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 Refusal, 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 laying an Excise on all Strong Liquors
retailed in this Colony; and to see, compare, and sink the Bills
of Credit 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 Credit, 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 Persons.
824 LAWS OF THE COLONY OF NEW YORK.
therein named; and to make and enfore the Currency of Bills of
Credit to the Value of Twenty-seven Thousand Six Hundred and
Eighty Pounds, for that Purpose; also to make void all Claims
and Demands 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.
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 take 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.
XVIII. 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 Forty 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 all 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 hereby 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 for 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 of
LAWS OF THE COLONY OF NEW YORK. 825
Money, paid by Virtue, and according to the Direction in this Act,
with Receipts or Discharges from the Person or Persons, their
Executors, or Assigns, to whom the said Sums are payable, at
any Time to be produced by him, for View 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 vouched and dis-
charged, according to the true Intent and Meaning of this Act.
XX. And whereas sufficient Notice hath been given, so that
all Persons having any Claim upon this Colony, might have
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 Virtue of this Act,
shall be taken, deemed, esteemed, and accounted, to be an abso-
lute, full, and entire Satisfaction, for all 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 all
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 Person or Persons whatsoever, for the Use of this
Colony, at any Time before the first Day of June, in the present
Year of our Lord, One Thousand Seven Hundred and Fourteen.
XXI. PROVIDED 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 Virtue 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 Chief
Justice that now is, or any Member or Officer of the General
'Assembly that now is, or that heretofore hath been, from claiming
104
826 LAWS OF THE COLONY OF NEW YORK.
or demanding the Salaries, Fees, or Rewards due to them, as
Members or Officers of the said General Assembly.
XXII. BE IT ENACTED by the Governor, Council and
General Assembly, and by the Authority of the same, That all
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 an
Act or Acts of General Assembly for that Purpose to be made;
and all 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,
Successors, shall be issued by Warrants sign'd by the
Governor, or Commander in' Chief for the Time being, in Council,
by and with the Consent of the greater Part of the Council then
present.
or
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 Credit made current by this Act, unto each of the
Persons hereafter named, the several Sums of Money 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 Credit aforesaid, be
paid by the Treasurer of this Colony, for printing the said Bills
of Credit.
XXV. PROVIDED ALWAYS, AND BE IT FURTHER
ENACTED by the Authority aforesaid, That none of the Bills of
Credit 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 all Strong Liquors
retailed in this Colony, published the fifteenth 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 confirmed, February 13, 1718.]
An Act for preventing the Multiplicity
of Law Suits.
[Passed, September 4, 1714.]
BE IT ENACTED by 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 Defendant cannot gainsay the Deed Bargain
or Assumption upon which he is sued, It shall be Lawful for such
Defendant to Plead payment of all 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 Defendant hath fully
paid or satisfied the Debt or sum demanded, The Jury shall find
for the Defendant 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 have 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 Verdict for the Defendant and
withal Certify to the Court how much They find the Plaintiff to
be indebted or in arrear to the Defendant 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
Defendant for Recovery thereof shall have a scire facias against
the Plaintiff in the said Action, and have Execution for the same
with the Costs of that Action, any Law usage or Custom to the
contrary 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 have, from time to time, been used
by her Majesties Governours and Commanders in Chief of this
Colony to settle a Trade and to have 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 come
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, have
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 of
LAWS OF THE COLONY OF NEW YORK. 829
1
their said Effects so carryed in his or their Waggons, contrary to
this Act, to be recovered 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 shall at
any time or times hereafter suffer any of the said Indians, or their
Peltry, Beavers 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, Every Person or Persons so offending shall for every
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 recovered 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 every such
Offence, over and above 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 Five Pounds Current Money aforesaid, to be recovered in
the Mayors Court at Albany aforesaid, in manner aforesaid.
And for the preventing the abuses which of late have been
put upon the said Indians by Persons who having 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 Evidence, not being able to prove 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 afore
830
LAWS OF THE COLONY OF NEW YORK.
said, of any 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 have brought into the houses, Warehouses
or shops, or otherwise are come 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
Lawful to and for the said Mayor, Recorder or Aldermen to
whom such 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 Complainants, the said Mayor, Recorder or
Alderman is and are hereby impowered to Administer an Oath
to the Person or Persons so denying to have any of the Goods
aforesaid, belonging to the Complainant or Complainants, 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, Survey and Inspect all 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 all
such Skins as aforesaid, that are not in season, or have flesh,
bones or Claws on them, and deliver them to the Mayor, Recorder,
or any of the Aldermen aforesaid, in order to be burned; and
LAWS OF THE COLONY OF NEW YORK. 831
the person or persons so Exposing them to be sold, or offering to
ship them off, 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 pains
as they in their Discretion shall think fit.
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 have
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 Mayor's 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 have been duly surveyed by him, Every such
Master and Masters shall forfeit for every such offence the sum
of five Pounds Lawful Money aforesaid, to be recovered in the
Mayors Court aforesaid, in manner aforesaid.
And be it further 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
all the Fines and Forfeitures 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 said City, for and
towards the defraying the Necessary Charges thereof, and the
832 LAWS OF THE COLONY OF NEW YORK.
1
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.
[CHAPTER 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 Countys within this Colony.
[Passed, September 4, 1714.]
Whereas the Respective Citys and Countys within this Colony of
New York are so Circumstanced as to have 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 Excellency 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 each City and County within 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
Publick Records of such City, Town or County, 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
all 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 of 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,
have 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 have already agreed to the Contrary, the Owner
or Possessor thereof shall in Proportion to the Quantity of Land and
Meadow they have 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
View 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
have 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 any 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 have, 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 the same shall be valued by the
Over-seers of the Fences, appointed by 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,
with the Cost of Suit, by Execution Directed to the Sheriff; if under
forty shillings, by Warrant under the hand and Seal of one of her
105
834 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 all and every the Respective Fences within
each City, Town, Mannor and Precinct, for the Ensuing Year; and
all or any of the Over-seers and Viewers of Fences, so Chosen, as
aforesaid, that shall Deny or Refuse to perform the Duties and ser-
vices incumbent by him or them to be done, Pursuant to the true
Intent and Meaning of this Act, all and every such Person or Persons
so Denying 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 Refusal and Denial 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 all 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 all 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 Inches, 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.
70
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
is 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 all Strong Liquors retailed in this
Colony it is amongst other things Enacted. That there shall be
given and Granted unto Her Majesty Her Heirs and Successors
from the first Day of November in the Year of Our Lord Seven-
teen hundred and Fourteen 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 all 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 Citys 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 Budd
836 LAWS OF THE COLONY OF NEW YORK,
For the County of Ulster Major Johannis Hardenbergh and Mr.
Johannis Rutsen.
For Dutchess County Capt. Leendert Lewis
For the County of Richmond Abraham Lakeman Esqr
For the County of Orange Capt. John Corbitt
And be it further 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 within
the same on the first Tuesday in October or at any time thereafter for
such sum or sums of Money as the said Commissioners respectively
in their Discretions shall think 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 same is to be farmed as aforesaid, and the said Commissioners
are hereby required to take good Securitys by Recognizances with
sufficient Sureties of all and every Person or Persons that shall farm
the same as aforesaid which each Respective Commissioner 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 agree with for the Excise aforesaid what they paid
for the same formerly
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
all 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 have 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 peace
LAWS OF THE COLONY OF NEW YORK.
837
one whereof to be of the Quorum of the City or County where
such Retailer or Retailers do Reside, who are hereby Authorized
and Impowered to make out Process against such Retailer or
Retailers and finally to hear and Determine 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
Law Usage or Custom to the Contrary hereof in any wise
Notwithstanding.
And be it further Enacted by the Authority aforesaid That the
said Commissioners and every 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
approved 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 County 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 Twenty 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 all
such sum and sums of Money as They shall have respectively
received for the Excise aforesaid within Thirty Days after the
same is come Respectively to their or either of their hands
together with an Exact Account of what is not by them received
and for which they have 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 the
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 all 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 all strong Liquors retailed in this Colony
shall cease and Determine and become absolute Void and all 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 all 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 may 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 have the Same power and Authority as the Com-
missioners hereinbefore appointed until the Governour Councill and
Assembly shall either Confirm them or appoint others.
LAWS OF THE COLONY OF NEW YORK.
839
[CHAPTER 285.]
[Chapter 285, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford, 1715 ed., p. 206. Printed
in full in Baskett, p. 195. Expired, September 4, 1721.]
An Act to Entitle Garret De Graeuw and
his Assigns to the Fishery of Porpoises dur-
ing the Term of seven Years.
[Passed, 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 Petition presented to the General Assembly
has set forth, That by certain New Inventions by him found out
he has perfectly enabled himself and is actually ready to the sure
and successfull carrying 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 presume 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
Successors.
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 Majesty
840
LAWS OF THE COLONY OF NEW YORK.
her Heirs and Successors, and the other half to the said Garret
De Graew his Executors Administrators or Assigns who 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 Effectual 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 come into
his hands, pay unto Roger Mompesson Esqr his Executors Adminis-
trators or Assigns the Sum or Quantity of Nine hundred Seventy
five Ounces of Sevill Pillar or Mexico plate for his Services donė to
this Colony for three Years, ending the thirteenth Day of June last
past in this present 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
Treasurer shall be a sufficient discharge unto him for the Same.
[CHAPTER 287.]
[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 the
LAWS OF THE COLONY OF NEW YORK.
841
Same, That the Treasurer of this Colony for the time being shall and
is hereby required and directed to pay in good plate of Sevill, Pillar
and Mexico, or Dollars and half Dollars equal to the Value of thir-
teen pennyweight and eighteen Grains each Dollar, or Value in Bills
of Credit of this Colony, out of any publick Money that is or shall
come into his hands, to Gabriel Ludlow Clerk to the Assembly, the
Widow of William Churchill late Doorkeeper, and Cornelius Post
the present Doorkeeper to the Assembly, such Sum and Sums of
Money respectively 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
sufficient discharge for so much as any of the said persons shall receive
of the same.
AND BE IT further Enacted by 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 Credit 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
omitted from Livingston & Smith, apparently by mistake of the printer,
and is merely inserted here in order to preserve uniformity of numbering
in conformity therewith.]
[CHAPTER 289.]
[Chapter 289, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford, 1715 ed., p. 203; Baskett, p.
196. Livingston & Smith and Van Schaack, state that the act was
repealed 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,
And it is hereby Enacted by the Authority of the same, That
106
842
LAWS OF THE COLONY OF NEW YORK.
every Person on whom a Capias is served by the Sheriff, or other
Proper Officer, shall enter his Appearance at the Court to which
the said Capias is Returnable, or give in Special 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 Special 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 special Bail, which They may do at
their Discretion; Always Provided, such time shall not exceed the
Term of Twenty Days in the Supreme Court, and Ten Days in the
Inferiour Courts.
And be it Enacted by the Authority aforesaid, That every
Plaintiff shall File his Declaration 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 Declaration, together
with Copies of the same, to the Defendant 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 Defendant 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 Declaration
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
Declaration is filed, and to the Clerk of any Inferiour Courts of
common Pleas, within Twenty Days after the Declaration is filed,
and if the Defendant 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 for
such his Default.
And if it so happen y't Replications or Rejoynders are Neces-
sary to be made, such Replication shall be filed by the Plaintiff
in the Clerks Office of the Supream Court, within twenty Days
after the time appointed by this Act for filing the Plea, and in the
Clerks Office of any of the Inferiour Courts of Common Pleas,
within twenty Days after the time appointed by this Act for filing
the said Pleas or be non suited. And the Rejoynder shall be filed
by the Defendant in the Clerks Office of the Supream Court
within twenty Days after the time appointed by this Act, for fil-
ing the Replication and in the Clerks Office of any of the Infer-
LAWS 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 Replication, and if the
Defendant Neglect or Refuse to file such Rejoynder within the
time prescribed by this Act, then Judgment shall be enter'd
against the said Defendant 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 come to Tryall the next Court after Issue Joyned,
or be Non suited, unless the Court see cause to the contrary; And
if the Defendant 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, Thai 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
desiring 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 any Court of Record within this Colony.
And be it Enacted by the Authority aforesaid That all 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 Enacted by the Authority aforesaid, That every Attorney
on filing a Declaration or Plea in any Cause, shall enter his Warrant
of Attorney, and leave à Coppy thereof in the Clerks Office, under
the Penalty of paying all 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 all 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 County where the Action shall be brought, shall
:
844
LAWS OF THE COLONY OF NEW YORK.
take out a Writ of Capais against an Inhabitant, he shall give bond
unto ye Defendant, 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 his Suit without Consent of the
Defendant, which Bond shall be left with the Clerk of that Court in
which the Action is commenced. And when any Non resident of this
Province shall take out a Writ or Capais against any Person within
this Province, He shall give Bond unto the Defendant, 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 Defendant 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 Defend-
ants Costs, to be recovered, as aforesaid. And in all Actions above
the Value of Ten Pounds, the Defendant shall give special Bail, if
required, except in Actions of Slander, Quare Clausum freigit,
Assault and Battery, unless it be otherwise ordered by the Court.
in any
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 all the Costs and Charges of the Suit
(Except where Titles of Land are any ways concerned) under the
Penalty of paying to the Defendant all his Costs & Damages which
shall Accrue by such Prosecutions to be recovered by Action of Debt
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 Judgment 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 party or parties injured all 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 Defendant, 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 all
Process, Pleadings, Entries and Proceedings Whatsoever, in all 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 Hunter, 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 Deter-
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 Lawful for any Negro, Indian or Maletto 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 Credit,
to the Value of Twenty seven thousand six
hundred and eighty pounds for that Purpose.
Also, to make void all 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 all disputes, doubts and mis-
constructions that have 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 Credit to the Value of Twenty seven thousand
six hundred and eighty Pounds for that purpose. Also, to make
void all 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
Claim 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 Reign of Her late Majesty, Queen Anne, (of blessed
LAWS 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 Government,
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 Claimed as Debts of this Colony, &
Was within the Age of Twenty one Years, Feme Covert, None
compos Mentis, Imprisoned, or Beyond the Seas, BUT that all 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 have 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 292.1
[Chapter 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
Credit for that Purpose.
[Passed, July 5, 1715.]
FOR the better defraying the publick and necessary Charges and
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 present 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 pennyweight and eighteen Grains each Dollar or in Bills
848
LAWS OF THE COLONY OF NEW YORK.
of Credit Current in this Colony and so in proportion for all Greater
& Smaller Quantitys 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 Distill'd 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 Distill'd 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
Indies 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 all 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 all 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 Vessels 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 all 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 notwithstanding
LAWS OF THE COLONY OF NEW YORK.
849
AND be it further Enacted by the Authority aforesaid that for
the 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 all & every the powers and Author-
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 Regulations 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 all
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. PROVIDED nevertheless that all & 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 before 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 House 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 all 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 All & 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
107
S50
LAWS OF THE COLONY OF NEW YORK.
his Majestys Beam and answering & paying the rates and Dutys
aforesaid shall 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 same 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 Rum Brandy
or other Distill'd Liquors and European Goods and Cocoa & for
preventing frauds and Embezlements of those rates & Dutys BE
IT further Enacted by the Authority aforesaid that the Master
Mate or Purser of all and every Ship or Shipps Vessel or Vessells
That shall come into any Creek port or Harbour within this prov-
ince to Trade or Traffickque shall repair and Come to his
Majestys Custom house and there make report of all such parcell
or parcells of Goods Wares or Merchandizes as he or they hath
or have on board his or their Ship or Ships Vessel or Vessells
and also Declare upon Oath that he or they have not broke Bulk
since his or their arrival within this province before he or they
made such Report as aforesaid And all Merchants who have 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 all and every such parcell or parcells of
Goods Wares or Merchandize as he or they hath or have on board
all or any and every such Ship or Ships Vessell or Vessells as
aforesaid And if any Difference 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 all 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 come 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 Dutys
LAWS OF THE COLONY OF NEW YORK.
851
hereby imposed All 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 his Majesty his heirs and Successours
to be apply'd to the Support of his Majestys Goverment in this
Colony one third part to the Governour of this Colony for ye time
being and the other third part to the person who shall sue for the
same by Bill plaint or Information in any Court of Record within
this Province where no Essoin Protection or Wager of Law shall
be allowed.
AND be it further Enacted by the Authority aforesaid that
all and every person & persons importing into this province any
European Goods Cocoa Wine Rum Brandy or other Distilled
liquors shall upon entring the same pay to his Majesty his heirs
and Successours the Duties herein before given & granted thereon
or well and Sufficiently secure the same to be paid as aforesaid
within the Space of three months from the day of the 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 Dis-
till'd Liquors for the space of three months or untill the Duty
given by this Act is and shall be paid and Satisfyed and if the
Dutys be not paid within the said Three months that then the
Collector shall & may at the Expiration thereof expose to sale
the Goods Wares and Merchandizes so detain'd returning to the
Owners the Overplus if any be the Duties and Charges of the
sale being first deducted.
PROVIDED 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 Majesty with Sufficient surety in
the penalty of twenty pounds for each Ton to export the same or
any part thereof directly to Great Britain within the space of
fifteen months from the time of its Importation That then and in
such Case the Owner or Importer shall pay the afore mentioned
Duty or Dutys for no greater or other Quantity then such as he
shall 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 the Quantity which he or they shall so as afore-
said Oblige themselves to Export in the time mention'd in the
Bond that then he or they shall pay the aforesaid Dutys respec-
tively given on the said Cocoa & be debarr'd from the benefitt
852
LAWS OF THE COLONY OF NEW YORK.
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 Entring the same for Transportation make
Oath That the same is all or such part of such a parcell or Quan-
tity of Cocoa imported into this province at such a time in such
a Vessell from such a place expressing the parcell or Quantity
of Cocoa imported the time when the Vessells name & from what
place or if the said Exporter shall have 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 all or such part of such 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 further 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 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 Rum
Brandy or other Distill'd Liquors aforesaid the owner or Owners
Importer or Importers 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 Certifi-
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 Certificate 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 the
LAWS OF THE COLONY OF NEW YORK.
853
said Trea'r whose receipt shall be a Sufficient discharge for the
same
AND WHEREAS the Indian Nations are very much wavering
in their faith & Allegiance to ye Crown His Majestys fforts &
ffortifications 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
come in by the Duties Given by this Act BE IT THEREFORE
Enacted by the Authority aforesaid that Bills of Credit 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
each 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 of 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 all 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 refusal 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
Credit 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 all persons whatsoever residing in and passing
through this Colony according to their rates and the tender of
854
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 Effectual
in the Law to all 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 p'sons Creditor or Cred-
itors Obligee or Obligees and partie or parties to any Contract
Covenant Bargain or Agreement whatsoever already made or
hereafter to be made at any time during the Currency of the said
Bills shall upon Tender of all or any their Debts Dues and
Demands whatsoever or any part of them in the Bills of Credit
made Current by this Act refuse to Accept or receive the said
Bills of Credit 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 Credit 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 Credit
(whereby the Credit 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 each
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 the
LAWS OF THE COLONY OF NEW YORK.
855
value of the 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 first forfeiture to the use of
any p'son that shall sue for (the same, the other Three forfeitures
the one half thereof to the use of such p'son as shall sue for) and
prosecute the same to Effect 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 Credit shall
Take an Oath before any Justice of the peace of this Colony for
the true signing and delivering of all 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
present 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 Credit made Current
by this Act shall for such their service have paid unto each of
them or each of their Executors or Assigns by the Trea'r afore
said in Bills of Credit 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 pers
sons or p'sons w'tsoever shall presume 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 fide sunk 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 the
856
LAWS OF THE COLONY OF NEW YORK.
first money yearly arising by virtue of this Act which said Sum
of three Thousand Ounces of plate so retained in his hands shall
yearly & every year on the first day of July during the 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 Credit 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 Credit 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 Vizt, 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 come 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 i
and I will keep true and faithfull Acco'ts of all the money or
Effects that is or may come 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 & paying of the same so help me God
Which Oath shall be Administred by any one of his Majestys
Council or any Justice of the peace in this Colony who are hereby
impowered & required to administer the same
PROVIDED 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 ffreeholders of the City of New York to execute all
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 appointed
LAWS OF THE COLONY OF NEW YORK.
857
by Act of General Assembly and receive the same reward for
their 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
Credit hereby made Current and likewise all & every sum & sums
of money y't shall come to his hands by virtue of this Act over
and above the said Bills of Credit 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 Command'r 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. Which
Warrants shall be numbered & paid in Course according to their
Number And to the end the Trea'r may at all times know what
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 nevertheless pay or
Cause to be paid in Bills of Credit hereby made Curr't to all &
every the Members of the General assembly of this Colony ten
Shillings P. Diem for each Day they have served or shall serve
from the first day of this present session of Assembly to the first
day of January next ensuing upon a Certificate 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 within 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 accordingly and the sd. Speakers receipt shall be a Discharge
to the said Trea'r for so much
*
108
858
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 all Persons of
Forreign Birth heretofore Inhabiting within
this Colony and dying Seized of any Lands
Tenements or Hereditaments shall be forever
hereafter Deemed Taken and Esteemed to have
been Naturalized, and for Naturalizing all
Protestants of Forreign Birth now Inhabiting
within this Colony.
[Passed, July 5, 1715.]
WHEREAS 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
Powers 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 all 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 Realmes 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 all People Should continue free Denizous
and enjoy their Lands and houses wheresoever they were within
this Colony and dispose of them as they Pleas'd That any People
might come 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 have 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 come 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 Had by virtue of the Articles made on the Said Surrender
and the Said Letters of Denization Privilege and Power to Pur-
chase receive take have hold buy and Possess any Lands Tene-
LAWS OF THE COLONY OF NEW YORK.
859
ments or hereditaments within this Government and them might
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 come and Settle in this. Colony and in order to
quiet the minds of his Majesties Subjects then Inhabiting the
Same 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-
claime and declare that all former Grants Privileges or Con-
cessions before that time granted And all Estates 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.
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 come
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 all those of Forreign
Nations, at present Inhabiting within this Province, and Pro-
fessing Christianity, and for Encouragement of others to come
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 have
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 Representatives now assembled, and
by the Authority thereof, That all 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 have taken or Subscribed or that shall take or
Subscribe to the Oath of Allegiance, are and Shall be hereby
Naturalized, and in all Respects be accounted and esteemed as
his Majesties Natural Born Subiects, and shall have and enjoy
all Such Privileges, ffreedoms and Immunities within this
Province, as other his Majesties Subjects do, have 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 have Relation to such persons as are free at the making hereof.
AND be it further declared and Enacted by the authority afore-
said, That all and every person and persons, Forreigners, of what
Nation Soever, Professing Christianity, that at any time here-
after shall come 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
all respects be Accounted, Deemed and Esteemed as his Majesties
Natural Born Subiects, and shall have and enjoy all Such Privi-
leges, ffreedomes and Immunities within this Province, as other
his Majesties Subiects have 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
Dependance on the Publick ffaith, for the Inviolable adherence
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 come and Settle in this Colony, to the great increase of
Trade and Navigation, and considerable Improvement of this Prov-
ince. AND whereas by many Intermarriages, Wills, Deeds of Sale,
and other mean Conveyances in the Law, Several Estates, Lands,
Tenements and Hereditaments formerly Possest by persons of
Forreign Birth or Extraction (who Settled in this Province on
the motives before Exprest) have been and are become the
Possessions, Lands, Tenements and hereditaments of his Majesties
Natural born Subiects of his Kingdoms of Great Britain or
LAWS OF THE COLONY OF NEW YORK.
361
2
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 Estates, 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 all 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 have been Naturalized, and
entituled to all the Rights, Privileges and advantages of any of
the Natural born Subiects of this Colony; and all bequests,
Deeds, Grants, AND mean Conveyances in the Law, made or done
by any of them, shall be deemed to be as effectual to all 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 have been Naturalized, and Shall enjoy
all the Rights, Privileges, and advantages that any of his Majesties
Natural Born Subiects of this Colony, do, or of right ought to
enjoy, And any Devise, Bequest, Deed, grant or mean Convey-
ance in the Law, heretofore made by any Such person of fforreign
Birth, shall be as effectuall, to all 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 all persons of fforreign Birth,
862
LAWS OF THE COLONY OF NEW YORK.
who have come 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 Same 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 have been Naturalized,
and any Bequest, 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
all 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
have, 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, Cus-
tom or Usage to the Contrary hereof in any wise notwith-
standing. And be it further Enacted by the authority afore-
said, That all 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 all
Shall enjoy all the Rights, Privileges and
advantages that any of his Majesties Naturall Born Subiects do,
or of right ought to have 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 Subscriptions 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.
863
دیکھا
That if any person or persons having So Sworn and Subscribed
as aforesaid Shall demand a Certificate or Certificates 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 above 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 all
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 depart 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 have
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
all 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 COLONY OF NEW YORK.
1
¡
1
AND BE IT further Enacted by the Authority aforesd, That for
the better Secureing the payment of the Duty on all 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 all 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 all 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 all
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 Imparlance shall be allowed.
AND BE IT further Enacted by the Authority afores'd That if the
LAWS 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 all 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 of 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 way
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 give 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 hereby declaired incapable of executing
that office, until such time as he 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
109
866
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 which 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 teņ 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.
[CHAPTER 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 Credit any Sea-man, Master or
Commander of any Ship or Vessel, Excepted belonging to any Ship or
Vessel that is in, or shall hereafter come into the Road 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 it
LAWS OF THE COLONY OF NEW YORK.
867
Enacted by the Authority aforesaid, That every Tavern-keeper, Ale-
house-keeper or Victualer within the City of New York, Kings County
or Queens County, who shall trust or give credit 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 Vessels, 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 Specialty
whatsoever, from any Sea-man in trust, for (except as before excepted)
or to the use of any Tavern-keeper, Ale-house-keeper or Victualer for
any Sumor Sums of mony Exceeding the Sum of Six Shillings afores'd,
all & 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
Judge or 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 mony mentioned in such
Bends, 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 Victualer 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 Vessel 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 all 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 .
it 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 all former Acts heretofore made in this Province
relateing to the same, made in the ffirst Year of the reigne of her
late 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 Excellency 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
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 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 every of them, to
warn all the Free-holders inhabiting within the said County, that they
assemble and meet together at such time and place within the said
LAWS 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 Voices, to elect
and appoint two able and sufficient Free-holders of, and inhabiting in
the said County, to be Supervisors and Directors, for the building
and erecting a County-House and Prison within the said County, at
such 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 Two 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
regulations and directions, as all 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 Van Schaack, where the title
only is printed. This act is not 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.]
WHEREAS the said Richard Crego at the time of his Decease was
Seized 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 Naltie
870
LAWS OF THE COLONY OF NEW YORK.
Clopper and on the east by Geesie van Cleif containing 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
WHEREAS it appeares to the House of Representatives that it was
the Will & Intent of the said Richard Crego 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 maintenance & Education of his Children, but by reason of
the 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 all times hereafter be deemed & Esteemed a good
valued & Sufficient Title in the Law, to all 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 & Entituled to an
Estate in fee Simple, Saving to all & 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 Van Schaack, where the title
only is printed. Printed in full in Bradford, 1715 ed., p. 227; Baskett,
p. 221.]
An Act for discharging of Capt Peter Van
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.]
WHEREAS 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 Expedition to reduce Canada, the said Capt Peter
Van Brugh and Mr. Hendrick Hansen were appointed Commis-
LAWS 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 Colony there, and
the necessary Transportation of the same, for the Expedition 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 Van Brugh and Mr. Hendrick
Hansen and each of them respectively have duly and faithfully exe-
cuted the Trust in them and every of them respectively reposed by
the beforementioned Act of Assembly, and have 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 all Debts Dues and Demands whatsoever for and concerning all
and all 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 Expeditions 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 Van Schaack, where the title
only is printed. Printed in full in Bradford, 1715 ed., p. 228. Title only
is printed in Baskett, p. 217.
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 of
872
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 Sufficient 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 regu-
lations and directions as all other 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, Custom or
Usage to the Contrary hereof in any wise notwithstanding.
[CHAPTER 301.]
[Chapter 301, 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. 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 of
LAWS 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 Van Schaack, where the title
only is printed. This act is not in Bradford, 1715 ed. Printed in full in
Baskett, p. 216.]
An Act Declaring 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 Ves-
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
Farme of considerable 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 all Intents Constructions
& purposes as any Inhabitants of the said Colony Are.
[CHAPTER 303.]
[Chapter 303, of Livingston & Smith and Van 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 Advice
110
874
OF NEW YORK.
LAWS OF THE COLONY OLONY
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
Credit 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
(all 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 Arrival 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 Arrival 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 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 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 have 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
Imported 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 the
LAWS 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 the 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 Credit 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 Vessell or Owner of any Negro
or other Slave in manner & forme as in ye s'd already recited Act is
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 all 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.
PROVIDED Nevertheless that the said Hannah Martin Doctor
Christian Cooper and Mr. George Smith shall respectively Give in
suflicient security to his Majesty his heires and Successors to be
Approved of and taken by ye Officer Appointed to Collect the before
mentioned Duties in ye penal Sume of Twenty One Ounces of plate as
aforesaid 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
only 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.]
WHEREAS 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 all 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
become subject to ye 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 all things being now fullfilled, Be it
enacted by ye Gov'r Council & Generall Assembly 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 all penalties paines & for-
feitures by the said recited Act Imposed & by the said Robert Lurting
incurr'd & of & from all 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 Action
LAWS OF THE COLONY OF NEW YORK..
877
comenc'd by the Treasurer now depending in the said Supream Court
against the said Robert Lurting & all proceedings thereupon, are
hereby declared to be discontinued to all Intents & purposes whatso-
ever, & the Cheif Justice or Justices of the Supream Court
afores'd, and 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 all
publick Taxes.
[Passed, July 21, 1715.]
WHEREAS some of the Collectors and Constables of the City
of New York, who have had the Collecting of the Taxes, having
got the Money into their possession, have with-drawn and removed
into other parts with the Money, and others have converted great
part thereof to their own private uses, who have not Estate
enough to make Reparation, 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 have 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,
Any Usage or Practice to the contrary in any
notwithstanding.
any wise
878
LAWS OF THE COLONY OF NEW YORK.
AND BE IT further Enacted by the Authority aforesaid, That
all 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 refusal, 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.]
WHEREAS 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 said
LAWS 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
under such pains & forfeiture and under such regulations and
Directions as all 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 to
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 the
Publication hereof And no longer.
[CHAPTER 307.]
[Chapter 307, of Livingston & Smith and Van 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 of
Albany, And Providing their Military Watch]
with ffirewood.
[Passed, July 21, 1715.])
WHEREAS it is highly necessary That the Fortifications of the
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 the
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 all 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 present 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-
880
LAWS OF THE COLONY OF NEW YORK.
portions, according to the respective Estates 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 same
and like manner as all 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. PROVIDED 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
ways 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 Authority
LAWS OF THE COLONY OF NEW YORK.
881
of the 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 all 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 come to him Signed as above directed. AND for the
better Enabling the said Champanty to discharge the Trust
Reposed in him, for the benefit of this Colony, BE IT Enacted hy
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,
111
882
LAWS OF THE COLONY OF NEW YORK.
to the said Champanty, or his Assigns, 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
its 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 herein
LAWS OF THE COLONY OF NEW YORK.
883
after named or their Assigns the respective Sums hereafter
exprest out of the publick Money that is or that shall come into
his 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 Credit made Current in this
Colony.
TO Coll Gerardus Beekman, Fifty Ounces of Plate or the Value
thereof in Lyon Dollars or Bills of Credit made Current in this
Colony.
TO Martha Mompesson in part of seven hundred and fifty
Ounces of Plate allowed her by a Resolve of the General Assembly
the Sum of Three 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 present 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 Cornelius Post Doorkeeper of the General Assembly, for his
Service this present 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 present 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
this Colony, who farmed the said Excise before the first Day of
November One thousand seven hundred and thirteen Remain
considerable Sums in Debt for the said Excise; BE IT therefore
further Enacted by the Authority aforesaid, That the Arrears of
the said Excise due from the several Farmers thereof within the
several Citys 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 in
¡
884
LAWS OF THE COLONY OF NEW YORK.
Arrear by the Farmer or Farmers of the said Excise, To be
Recovered by 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 Colony, 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
such 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 all 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.
[Passed, July 21, 1715.]
WHEREAS 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 IT
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 present Year One thousand
seven hundred and fifteen, every Master, Commander or Owner of
LAWS OF THE COLONY OF NEW YORK.
885
any Ship or Vessel shall within forty eight hours after his or
their arrival 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 arrival within this Colony give in Security in double
the Duty of each 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 full 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 Governour and Council,
and General Assembly, and IT IS hereby Enacted by the Author-
ity of the Same, 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 all 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 present 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 Estates 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 all 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 act
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,
entituled, 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) expir'd 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 all former Acts heretofore made in this
Province relateing to the same.
[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 all 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)
ESS
LAWS OF THE COLONY OF NEW YORK.
Expired by its own Limitation, Shall be of fforce from the first day
of November next Ensuing, untill the ffirst day of November which
will be in the 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 Act for preserving Deer in the County
of Ulster, and Reviving an Act, entituled, an
Act for the Preservation 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 Regulations, men'coned and
express'd, in an Act, entituled, an Act for the preservation 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.]
WHEREAS it hath been found by Experience, 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 all sort of Vice & Immorality; for pre-
vention whereof for the future, Be it Enacted by the Gov'r, the
LAWS OF THE COLONY OF NEW YORK.
$89
Council & General Assembly, & by 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 of the said City or
County afores'd, who is hereby Impowered to Administer & take
such Oaths and Affirmation, shall for every such Offence, 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, have 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. PROVIDED 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
112
890
LAWS OF THE COLONY OF NEW YORK.
'purge themselves from the said Suspisition, in the Words follow-
ing. A. B. do swear, That I have 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 Indians, 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 have 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
like Sum of Five pounds, or undergo such Imprisonment of three
months, as aforesaid.
[CHAPTER 318.]
[Chapter 318, of Livingston & Smith and Van Schaack, 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 & Erecting two
Wooden houses for Sheds for the Accomoda-
tion of the Indians Trading at Albany, & for
keeping them in good Repair.
[Passed, June 30, 1716.]
WHEREAS 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 all 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 come to Trade with the Inhabitants of the
said City, as have 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 affairs at Albany, or the Major
part of them, do with all 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
the 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 Estates, Real and Personal, of all 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 present Year of our Lord, one thousand
Seven hundred & Sixteen. 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, at
-892
LAWS OF THE COLONY OF NEW YORK.
or before the Twenty fifth Day of March, which shall be in the
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 present Act, shall be &
are hereby Declared to be Under the same Regulation, 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
half per Cent, to Such Person as
receive all the mony of this Act.
nor any Clause therein Contained,
any Longer than the term of five
hereof.
Virtue of this Act, & two & a
Shall be by them appointed to
Provided always, That this Act
shall Continue to be of Force
Years after the Publication
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 Duty
men'coned in this Act, any thing in this or in any other Act to the
Contrary in any wise notwithstanding.
LAWS OF THE 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 full 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
first 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 Wolfs 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 Restrictions and regulations 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 to & 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 all & every the Freeholders,
Inhabitants & Sojourners inhabiting, Dwelling & residing within
the said City, from time to time, & at all times during the con-
tinuance of this present Act, by Equal proportions, according to
their respective Estates, 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 all & every the free-holders,
Inhabitants & Sojourners Dwelling within the said City, Yearly &
once in every Year, during ye continuance of this present 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 all 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 directed
LAWS OF THE COLONY OF NEW YORK.
895
by this present Act, any Law, Usage or Custom to the contrary
hereof 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 Van
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 Year 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 all other necessarys for the then Expedition
against Canada and were allso thereby Invested with Sundry
Powers & Authorityes for Executing the trust in them Reposed,
And whereas the Said Coll: Kilian Van Ranslar Major Dirick
Wessells and Mindert Schuiler Esq'r & each of them Respectively
have duly and faithfully executed the trust in them and every of
them Respectively reposed by the beforementioned Act of Assem-
bly & have Respectively Rendered their Accompt of the Stoares
of this Colony to the Satisfaction of the Generall Assembly Bee it
therefore Enacted by the Governour Councill & General Assem-
bly and it is hereby Enacted by the Authority of the Same that
the Said Coll: Kilian Van Renselaar Major Dirick Wessells &
Mindert Schuiler Esq'r and every of them their and every of their
Heirs Execut'rs And Administrat'rs be and are hereby forever
discharged of and from all Debts dues and Demands whatsoever
for and concerning all manner of Provisions Ammunitions Stoares
of Warr Sum and Sumes of money goods wares and Merchandizes
896
LAWS OF THE COLONY OF NEW YORK.
and other Effects which came to their and every of their hands
belonging to this Colony for the Use of the Said Expedition
against Canada Respectively.
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 Execut'rs & 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 Van 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 thousand and Twenty five
Ounces of Silver Plate.
[Passed, September 1, 1716.]
Be it Enacted by his Excellency the Governour, Council 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 come into his hands, (the Excise Money Excepted) Seven
hundred & Fifty Ounces of Silver Plate, or the value thereof in Lyon
Dollars or Bills of Credit 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 Currency of Bills of Credit 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 NEW YORK.
897
[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 371.1
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 Cham-
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 being; & that the said Agent shall not observe any other
Orders or Instructions but such as come 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
898
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 Space & term of Two Years then
next following, & no Longer.
[Chapter 324,
only is printed.
Baskett, p. 224.
[CHAPTER 324.]
of Livingston & Smith and Van Schaack, where the title
This act is not in Bradford, 1732 ed. Printed in full in
Expired, July 1. 1720. See chapter 273.]
An Act to oblige all Vessels Trading
into this Colony, Except such as are therein
Excepted, to pay a Certain Duty, & for the
further Explanation & Rendring More Effect-
ual 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 Collecting of the
Duties on the Tonnage of Vessells, 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 all 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 Credit 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, Regulations, 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 Collecting
the Same, shall be Invested with all & every the powers and
LAWS OF THE COLONY OF NEW YORK.
899
Authorities prescribed And Directed in and by the Said Act.
Provided always, and it is the True Intent & meaning of this Act,
that all Coasting Sloops belonging to the Massachusets, Rhode
Island, Connecticut or New Jersey, whilst their Navigation is to
& from Those parts, Ships or other Vessels built in this Colony,
or wholly owned by the Inhabitants thereof, are & shall be
Excepted. And whereas, by Register, often it appears, that Ships
& other Vessels not built in this Colony, do wholly belong to the
Inhabitants of the same, & before 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
cî any Owner or Owners of any Ship or other Vessel 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 peace for the time
being, & that at any time before the Departure of Such Vessel,
so by the said officer Suspected, That Said Vessel or Vessels 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 Directly from Africa, In Vessels wholly
owned by the Inhabitants of this Colony, the Sum of five Ounces
of plate aforesaid, or Bills of Credit made Current in this Colony,
to the Value thereof; & that the Duty of Ten ounces of Like plate,
or Bills of Credit, as aforesay'd, be pay'd for Each Negroe,
Indian or Mulatto Slave Imported into this Colony, in any Vessel
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 Credit, to the Value thereof, be paid for Each Negro Indian or
900
LAWS OF THE COLONY OF NEW YORK.
Mulatto Slave Imported into this Colony from any parts of the
West Indies, or any of the Neighbouring Colonys Imported or
otherwise brought into the same; all 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 Manner & under Such Restrictions, Limitations
Directions, pains, penalties & forfeitures as is Contained, Men-
tioned, Meant, Expressed & Intended in & by an Act 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 Authority aforesaid, That all Masters
of Vessels, or other persons, who shall be Suspected by the Offi-
cer to have 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 Refusal to take Such an Oath, shall forfeit
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 Difference 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
all Ships or other Vessels that shall not be built in this Colony,
altho' wholly owned by the Inhabitants of this Colony, shall be
LAWS OF THE COLONY OF NEW YORK.
901
lyable to the Said Duty of Tonnage from & after the Publication
hereof, Except as hereinbefore Expressed.
Provided alwayes, & it is hereby declared & Enacted by the
Authority aforesaid, That no other or further Duty or Imposition
shall or may be Exacted for The Tonnage of Ships or other Ves-
sels, or on the Importation of Negroes or other Slaves, unless 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 twelfth Year of Her late Majestys Reign, entituled,
an Act for laying an Excise on all 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 all 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 quarters
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, Councill 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 Collony, for
902
LAWS OF THE COLONY OF NEW YORK.
which they shall be named (that is to Say) For the City & County
of New York, Johannes Jansen, John Cruger & 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 &
Countys, 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 all 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, Respectively, to Examine, Upon
Oath, every Retailer they shall agree with, Respectively, 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, Respectively, hereby Required & Impowered
LAWS OF THE COLONY OF NEW YORK.
903
to Sue all and Every Such Retailer & Retailers, their Surety &
Sureties, that Shall not duley pay the Sum & Sums of Money he,
she or they have agreed to pay for the Excise aforesaid, at the
time & times in their Several Recognizances mentioned &
Exprest, 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 Process against such
Retailer or Retailers, & finally to hear & Determine The Same, &
award Execution upon his, her 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 Authority 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 each
Respective City & County within this Colony.
FOR the City & County of New York, the Sum of Twelve hun-
dred pounds.
}
FOR the City & 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 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, all
such Sum & Sums of Money as they shall have Respectively
Received for the Excise afores'd, within Thirty Days after the
Same is come, 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 have put the Recognizances in Suit, if any there
be, which when Recovered, they are forthwith to pay Into the
Said Treasurer, in Manner aforesaid.
904
LAWS OF THE COLONY OF NEW YORK.
And be it firther Enacted by the Authority aforesaid, That
the Say'd Commissioners, & every of them, shall and may Retain
in his & their hands, out of the Money arising by the said Duty &
Excise, for their Trouble & Services, the Sum of Ten per Cent.
And be it further Enacted by the Authority Aforesay'd, That
if any of the Respective Com'rs appointed by this Act, Shall Dye,
deny or Refuse to Serve, then it shall and may be Lawful for the
Mayors & Aldermen within the Citys & Countys of New York
and Albany, & the Justices of the Peace in the Several Countyes
within this Colony, or the Major part of them, under their hands
& Seals, to appoint other Comm'rs in their Stead; & the Commis-
sioners So appointed, Shall have the Same power & Authority
as the Comm'rs herein before appointed, until the Gov'r, Council
& Assembly shall either confirm them or appoint others.
And be it further Enacted by the Authority aforesaid, That
if any of the Commissioners hereby appointed, or to be appointed
as aforesaid, shall Directly or Indirectly, Either by themselves
or their Servants, or by any other person or persons whatsoever,
In Trust for them, Retail any Wine, Beer, Rum, Cyder, or any
other Strong Liquor or Liquors within the Time Limitted by this
Act, Every Such Commissioner or Commissioners shall forfeit
for every Such offence, the Sum of ffifty pounds Current Money
of this Colony, to be Recovered in any Court of Record within
this Colony, One half whereof to be to his Ma'tie, his heirs and
Successors, and the other half to the person or persons who shall
prosecute or Sue for the Same.
THE SEVENTEENTH ASSEMBLY.
Third Session.
(Begun April 25, 1717, 3 George I; Robert Hunter, Governor.)
[CHAPTER 326.]
[Chapter 326, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford, 1732 ed., p. 133. Title only is
printed in Baskett, p. 229. Revived by chapter 368.]
An Act for Laying a Duty on Goods Sold
by Auction, Vendue or Out-Cry.
[Passed, May 14, 1717.]
Be it Enacted by the Governour Council & Generall Assem-
bly of the Colony of New York, and by the Authority of the same;
}
LAWS OF THE COLONY OF NEW YORK.
905
That there be Given & Granted to his Majesty, His Heirs &
Successors, on Every Hundred Ounces of Plate Value of Goods,
Wares and Merchandize, of what Kind soever, that Shall be Sold
within this Colony at publick Vendue, Auction or Out-Cry (goods
belonging to the Crown, ye Excise, Houses, Lands, Ships, Vessels,
Goods and Effects of Deceased persons, Goods taken in Execu-
tion, House-hold-goods, or Utencils for Husbandry, and all
Horses, Neat Cattle, hogs, and Sheep Only Excepted). The Sum
or Quantity of Three Ounces of Civil, Pillar or Mexico Plate, or
Bills of Credit made currant in this Colony, and so in Propor-
tion for a Greater or lesser quantity, During the Time and Term
of Two Years, from and after the Publication of this Act.
And be it Enacted by the Authority aforesaid. That for the
better Securing the payment of the Duty aforesaid, The
Vendu Master, or whatsoever Person or Persons, Shall Expose
any of the aforesaid goods or Merchandize (Except what is before
Excepted) at Publick Auctions, Vendue or Out-Cry, Shall at the
Expiration of every three Months, or within fouerteen Days after
the Said Three Months, give an Exact and true Account to the
Treasurer of this Colony, for the time being, upon Oath, Which
Oath the Treasurer of this Colony is hereby Impoured to Admin-
ister, of all Goods and other things above Mentioned, by him or
them Sold at Auction, Vendue, or Out-Cry, Chargeable by this
Act, & Pay, or Cause to be Pay'd to the Said Treasurer for Every
Hundred Ounces Value Sold, as aforesaid, The Sum or Quantity
of Three Ounces of Plate aforesaid, To be applyed to Such Uses
as the Governour, Council & General Assembly Shall think fit.
AND be it further Enacted by the Authority aforesaid, That
Every Vendue Master within this Colony, or Such or other Person
or Persons as Shall Sell any of the Goods or Effects Liable to
pay the Duty, as aforesaid, at Publick Vendue, Shall in a Book
for that purpose, Keep an Exact Account of all Such Goods and
Effects as be by him or them Sold by Publick Auction, Vendue
or Out-Cry, Chargable by this Act, & for his Trouble & pains for
Keeping the Said Books, Rendring the Accounts and paying in
the Money to the Treasurer of this Colony, Shall Retain in his
hands the Sum of Five Ounces of Plate aforesaid, for every Hun-
dred Ounces of Plate he or they Shall pay unto the Treasurer of
this Colony for the Time being.
114
906
LAWS OF THE COLONY OF NEW YORK.
AND be it further Enacted by the Authority Aforesaid, That
the Vendue Master or Other Person Selling Goods or Other
Effects by way of Auction, Vendue or Out-Cry, Shall Enter into
Recognizance to his Majesty, His Heirs & Successors In two
hundred Pounds, with Sufficient Suerty, to be Approved of by the
Speaker of the Generall Assembly for the time being, to pay the
Duty Imposed by this Act. And if Any Vendue Master within
this Colony, Shall Deny or Refuse to give the Surety of him or
them Required by this Act, Every Such Vendue Master, or other
Person as aforesaid, Denying or Refusing to give Such Suretys
as aforesaid, Is hereby Declared Incapable of Executing that
Office untill Such time as he or they Shall give the Surety by this
Act Required.
And for the better Enabling the Vendue Master, or whatso-
ever Person or Persons that Shall Sell Goods at Vendue, Auc-
tion or Out-Cry, to Receive and pay in the Duties Arising by
this Act, within the Respective time here in before Limitted &
Appointed, BE IT ENACTED BY THE AUTHORITY AFORE-
SAID, that if any Person or Persons, Owner or Owners of any
Such Goods so Sold, as aforesaid, & for which the Duty herein
before Expressed Shall become due, Shall after Such Sale Thereof
& Demand of Such 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 Aris-
ing on Said Goods, as aforesaid, that then it Shall and may be
Lawful for the Vendue Master or Other Person or Persons, and
he & they are hereby fully Authorized & Impowered on Such
Demands & Non-payment thereof, to Distrain the Goods & Chat-
tles 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 and Charge of the Owner thereof, and if the
Owner do not pay the Said Sum or Sums of Money so Distrained
for, within the Ten Days, then the Said Distress to be Publickly
Sold by the Said Vendue Master, for the payment of the Said
Money, & the Over-plus coming by the Said Sale (If any there be)
Over and above the Charges of Taking & Keeping & Selling the
Said Distress, to be. Immediately Restored to the Owners thereof.
And be it further Enacted by the Authority aforesaid, That
the Act of Assembly made in the First Year of His Majesties
Reign, Entituled, An Act for Laying a Duty on Goods Sold by
LAWS OF THE COLONY OF NEW YORK.
907
Auction, Vendue or Out-Cry, and every Clause and Article therein
contained, is and are hereby Repealed and made void to all
intents and purposes whatsoever.
[CHAPTER 327.]
[Chapter 327, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford 1732 ed., p. 173; Baskett,
p. 229.]
An Act to Enable the Mayor, Aldermen
and Commonality of the City of New York, to
Raise the Sum of Five hundred pounds, for
Altering the Course of the Common Sewer at
the End of the Broad-Street, and for Cleans-
ing and Scowering the Dock of this City.
[Passed, May 14, 1717.]
WHEREAS in the Dock within this City of New York, Vio-
lent suddain Rains and the great Confluence of water from
Several Streets of the City, unto the Broad-street, and from
thence unto the Dock, brings such Large Quantities of Dirt, Sand,
Rubbish, Ouze and Mudd, which Setles and Lodges itself in the
Bason of the said Dock, Occasions an Insupportable Charge for
Cleansing and Scowering of the Same, for the future may be pre-
vented by Extending or Altering the Course and passage of the
said Common Sewer, to Convey the Same Clear of the said Dock
into the East River. AND WHEREAS the publick Rents and
Yearly Incomes of the said City are at present so Small, that
they are not Sufficient to Defray the publick and Nessesary Charge
thereof, To the End that the Same Dock and the Wharffs thereof
may be Cleansed, Scowred and Repaired, so as to make it Ser-
viceable for the Receiving and Harbouring of Vessels, Be it there-
fore Enacted by the Governour, Council and Gen'll Assembly of
this Colony, And it is hereby Enacted by the Authority of the
same, That it shall and may be Lawful for the Mayor, Aldermen
and Commonality of the City of New York, for the time being,
in Common Council Convened, any nine whereof, the Mayor and
Recorder to be Two, to Order the Raising of the Sum of Five
hundred pounds Current Money in this Colony, by a Tax upon the
Freeholders and Inhabitants of the said City and County, within
the Term of One year next after the publication hereof, to be
908
LAWS OF THE COLONY OF NEW YORK.
Assessed, Collected and paid on or before the first Day of Sep-
tember next Ensuing, pursuant to which Order of Common
Council, So as aforesaid to be made, the Mayor of the said City
shall forthwith thereupon, Issue out his Warrants to the Assessors
Collectors of Each Respective Ward within the said City and
County, Requiring them to make such Assessment and Collection,
and to pay the same to the Treasurer of the said City, for the
time being, or to such other person or persons as the said Mayor,
Aldermen and Commonality, or any Nine of them, whereof the
Mayor and Recorder to 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 fform as other
publick Moneys in the hands of former Treasurers of the Said
City have, 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, Through 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 all 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 have 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 they
LAWS OF THE COLONY OF. NEW YORK.
909
shall think fit, to be Overseers of the said Work, and to purchase
Materials Nessessary, and agree with Work-men, and to order
the payment of the Said Money for the uses aforesaid, as they
shall think fitt.
[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. That 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.]
WHEREAS the Great and Excessive Usury now Commonly
taken in this Province is found to be a very great Discouragement
tʊ 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 Commodities whatsoever. And that all Bonds,
Contracts 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 all 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] Conveyance, or
under the notion of broakage, Storage, procurage, Service, or by
any other ways or means whatsoever, it be Contrary to the true
910
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-
rectly, for the forbearing or giving Day of Payment for one whole
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 Term, Shall forfeit and Lose for every Such
Offence, the Treble Value of the Moneys, Wares, Merchandize
ard other Things so Lent, bargained, Sold, Exchanged, Shifted,
Stored or Procured. [And be it further Enacted by the Authority,
afforesaid, That all and every Scrivener and Scriveners, Broker
and Brokers, Solliciter and Solliciters,] Practicioner of the Law,
and Practicioners, Driver and Drivers 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
concerning the Same, Shall forfeit for every Such Offence Twenty
pounds, and have Imprisonment for half a Year; The one Moyetie
of all 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 Meaning of this Act, That
all Bonds or Mortgages Executed before the Publication of this
Act, the Obliger or Mortgager, his Heirs, Executors or Admin-
istrators Shall pay to the Obligee 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 Obligee 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.]
[Chapter 329, 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 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 effectual.
BE IT THEREFORE ENACTED by his Excellency the
Governour the Council and Representatives 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 Appurtenances unto the Said Patrick Macknight and
in case he the Said Macknight dos not comply with the aforesaid
conditions of Sale to any other person or persons whomesoever
And the Same Mary is hereby fully authorized and Impowered
to Seal and Execute all maner of Deeds or Instruments in Writ-
ing and to Act and do all Lawful & necessary Act and Acts
thing and things needfull and necessary for the Assuring and
confirming of such sale or Sales to be made 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 her 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
Delivering 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 Consideration money com-
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 all
Vessels Trading into this Colony, Except Such as are therein
Excepted, to pay a Certaine Duty & for the further Explanation
and rendring more Effectual 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 designed 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 Governour
LAWS 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
Act 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 all Intents
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 Declaring 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 forth, That Some Small time before the Pub-
lishing of An Act entituled an Act to Oblige all Vessels Trading
into this Colony Except Such as are therein Excepted to pay a
Certain Duty, and for the further Explanation and rendring
more effectual certain 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 Wherein amongst
other things it is Enacted That all ships or other Vessels 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 all
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
1
115
914
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 Governour Coun-
cil & General Assembly and by the Authority of the Same, 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 Act herein before
mentioned, or in any other Act, to all 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 afide 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 Same, 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 all and every of them to warn all 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.
10
LAWS OF THE COLONY 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
Credit 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,
Regulations and Directions, as all 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 herein before to be Collected and paid to him, to Such Uses as
is herein before 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. 136. 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 said
916
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 all such Franchises, Priviledges, & Immunities,
which have from time to Time been granted to him, his Heirs and
Assigns, from his present 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 have the same power,
Authority, Office and Function, 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 the Colony have, ought, or are intended to have, 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 Effectual
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 Representative 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
Representative 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 all 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 Refusal 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.]
[Chapter 334, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford, 1732 ed., p. 173; Baskett,
p. 232. Expired in 1718. See chapter 315. Revived by chapter 357.]
An Act Reviving 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 Repealing All
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 Repealing all 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) 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.
[CHAPTER 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 Reviving 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 Reign 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.
!
44
[CHAPTER 336.]
[Chapter 336, 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 for Exempting the Pink Charlotte
from paying the Duty of Tonnage.
[Passed, May 27 1717.]
For the preventing of all 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 all Vessels Trading into this Colony, Except Such as
are therein Excepted, to pay a certaine Duty, and for the further
Explanation and rendring more effectual 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 present 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 all 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 thereof during the time they the said Henry Cuyler, Moses
Levy, Samuel Levy 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.
[CHAPTER 337.]
[Chapter 337, 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 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.]
WHEREAS, the said Colonel John Johnston Mayor of the City of
New York by his Petition presented to the General Assembly, set
LAWS OF THE COLONY OF NEW YORK.
919
forth, That sometime before the passing of an Act, entituled, an Act
to Oblige all Vessels Trading into this Colony (Except such as are
therein Excepted) to pay a certaine Duty & for the further Explana-
tion and rendring more Effectual 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 all Intents and
purposes whatsoever. Dureing Such Time as the Sole and entire
property of the said Sloop Doth or shall Actually belong to the
Inhabitants of this Province.
THE SEVENTEENTH ASSEMBLY.
Fourth Session.
(Begun Sept. 5, 1717, 4 George I, Robert Hunter, Governor.)
[CHAPTER 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 Vessel
called the Leghorne from paying the Duty of
Tonnage.
[Passed, November 2, 1717.]
For the preventing of all 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 all
Vessels Trading into this Colony Except such as are therein Excepted
to pay a certaine Duty & for the further Explanation and rendring
more effectual 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 present Owner of the Snow
;
920
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 onely 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, 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 Exempting the Sloop Mary and
Hannah from paying the Duty of Tonnage.
[Passed, November 2, 1717.]
For the preventing of all Disputes that might hereafter arise
between the Receiver of the Dutys Impos'd by an Act of the General
Assembly of this Colony passed in their last Sessions, entituled, an
Act to Oblige all Vessels Trading into this Colony Except such as
are therein Excepted, to pay a Certaine Duty and for the further
Explanation and rendring more effectual 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 General 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 on
LAWS 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 and Van 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 Represen-
tative of the Township of Schenechtady in the
County of Albany.
[Passed, November 2, 1717.]
WHEREAS the Supervisor of the Township of Schenechtady
has neglected & refused to allow the Wages & Sallary due to the
Representative 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 Representative of the Township of Schenech-
tady shall be allowed for his Service & Attendance As a Representa-
tive in the General 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 Representative of the afores'd. Township
shall have the Same Wages & allowance as above men'coned, to
comence from his coming out till his Return home, not exceeding
Eight Days 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 Representative,
under the Penalty of fifty Pounds, one half thereof for the behoof
of his Maj. the other half to such Person 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 Representative
or Deputy.
116
922
LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 341.]
[Chapter 341, of Livingston & Smith and Van 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
Effectual an Act of the General 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.]
WHEREAS 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 late 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-
cessors, with two Sureties not less, than the Sume 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 Experience to be very Inconvenient, pre-
judicial, 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 reside, To keepe and save such Negroe, Indian or
LAWS 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 have been made ffree, or
hereafter shall be made ffree by the Will or Testament of any person
Deceased That then if any Executor or Executors of any such person
or persons Deceased, or on their Neglect or refusal 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 reside, 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, Esqr's
The Arrears Due to Them for their services
In The Generall Assembly as Representatives
for the City and County of New York.
[Passed, November 2, 1717.]
WHEREAS Johannes Jansen David Provoost and Leonard
Lewis Esqr's have served Severall Years as Representatives for
The City and County of New York in General Assembly for
Which they Received No sattisfaction Be it therefore Enacted by
his Excellency the Governour Councill and General Assembly and
By the Authority of the same that the Mayor Recorder Aldermen
and Commonalty 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 the
924
LAWS OF THE COLONY OF NEW YORK.'
general Assembly for the Time Being or Signed By the Clarke
of the General assembly By Order of the same 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 Sum, of Six Shillings, p Diem
aforesaid Shall by the Treasurer of the Said City for the Time
Being Be paid to the Said Johannes Jansen David Provoost and
Leonard Lewis Esqrs or Order for their Services aforeSaid on
or Before the first Day of October Which Will Be In the Year of
Our Lord One Thousand Seven hundred and Nineteene and Be it
Further Enacted By the Authority aforeSaid 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 aforesaid 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 Perform and Execute all 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 performe the Dutys afore
Said Shall Be Lyable to and Incur all the Pains Penalties and
Forfeitures Mentioned and Expressed in An Act of general assem-
bly of this Colony Entituled an Act for Levying four thousand
Pounds Made In the Eighth Year of her Late Majestys Reign as
fully to all Intents Constructions and purposes as if the same
had Been here Inserted Expressed and Mentioned at 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 & 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. 234. Revived 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 Magistrates of the said City,
wherein some few particulars are but Expressed, and the Rates
for Carrying all Other Goods and Commodities whatsoever over
the said Ferry, Entirely left to the Ferryman, for the time being,
to demand and take proportionably for Transporting the same,
Pursuant to the said Regulation. BUT WHEREAS the said
Catalogue is uncertain, and by Process of time become Deficient
as Circumstances often do Offer, Whereby the Ferry-man makes
himself sole Judge to Exact Extravagant Prices and Rates for
Transporting all such Merchandize, Goods and Things as are not
Regulated and Specified in the Catalogue aforesaid, to the great
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, Demanded and taken
for Transporting Men, Women Children, Horses, Cattle and all
manner of Goods, Wares, Merchandize, and. Other Commodities
whatsoever, by the ferry-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
refusal in the ferry-man to Transport Passengers over Sooner.
For Every Horse or Beast, Sixty Grain Weight of Plate.
for Every Calf alive, Two and Twenty Graines and an halfe weight
of Plate
for Every Hog alive Two and Twenty Graines and an halfe weight
of Plate
926
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 ful 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 Salt, 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 Number
LAWS OF THE COLONY OF NEW YORK.
927
for Every drest Deer Skin, Seaven Graine and an halfe weight 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 weight of Iron or Steel fforty ffive Graine
weight of Plate
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 Bolt, ffive Graine weight of Plate
for Every bag of Cotton Seaven Graine and an halfe weight of
Plate
for Every Bale of Cotton or Hops, Ninety Graine weight 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 weight of Plate
for Every double Sleigh, 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 pieces of Linnen and Wollen
Cloath All which severall Sumes of money abovesaid are to be paid
in Silver Plate of Mexico or Civill, or in Bills of Credit of this Colony,
or in any other Silver money Equivolent in vallue to them.
AND BE IT FURTHER ENACTED by the Authority aforesaid,
That all Other Merchandize, Goods, Commodities and Things what
soever, not Specified in this Act, Shall pay for the ferriage 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 Ferriage before Mentioned, to the Ferry-man,
for the time being, Pursuant to the Regulation 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 Credible Wittness before any of his
928
LAWS OF THE COLONY OF NEW YORK.
Majesties Justices of the Peace, who are hereby Authorized and
Required to Administer the said Oath, and to give Judgment and
Award Execution Accordingly. And if any Dispute shall happen
to Arise hereafter Concerning the Rates and Assizes of any Goods or
Commodities not Expressed in this Act, and be brought before some
one of his Majesties Justices of the Peace by the Contending l'arties,
the said Justice of the Peace is hereby Authorized and Required to
hear and Determine the same, so as to him shall Appear to be Con-
formable to the true Intent and Meaning of this Act.
AND BE IT FURTHER ENACTED by the same Authority,
That the Ferry-man, for the time being, shall be Obliged to Come
and go with the Ferry-Boats, to and from such places in the City of
New York, between the Great Dock and Beeckman's Slaughter-house,
and by such Turns as are Appointed and prescribed him in the former
Regulations, for Encouraging the Marketts of the said City (Wind
and weather permitting) And in case he shall Neglect or Refuse the
same, he shall forfeit the sum of Twenty' shillings for Every such
Offence, to be recovered in Manner as aforesaid, and paid to the
Treasurer of the said City for the time being, to be Applyed towards
the Defraying the publick Charges of the same. And if from and after
the Publication of this Act, the Ferry-man, for the time being, do
Impose Exact and Take any Rates for Transporting of Persons,
Goods, Wares, Merchandize, or Other things Whatsoever, Contrary
to the Regulation and Rates Established in and by this Act, he shall
forfeit the sum of Twenty shillings for every such Offence, to be
Recovered, paid and Applyed as Aforesaid.
AND BE IT FURTHER ENACTED by the Authority Aforesaid,
That it shall and may be lawful for the Mayor, Aldermen and Com-
monality of the City of New York for the time being, their successors
and Assigns, to demand, Receive and take the Rates and Prices
above in this Act Mentioned, for Transporting of persons, Goods,
Wares, Merchandizes, and Other things from the City of New York
to the Island of Nassau, and from the Island Nassau to the City
of New York, Over the ferry in the ferry-boats; and shall and may
Establish 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 that the ferry-man
or ferry-men Established in the City of New York shall be Obliged
to Receive into his or their ferry-boats on Nassau Island (when
there) all 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 thing 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
Canoes, 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 Van 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 forth, That
her husband, in his life time, Served Several Years a Representative
for the City & County of New York, for which he rece'd no Sattis-
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 Sa'd General Assembly, betwixt
117
930
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
or Sums of money which he or they are Assess'd by Virtue of this
Act, 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
Effectual care that this Act be duly executed according to
the true Intent & meaning thereof, shall Deny refuse neglect or
Delay to perform & Execute all or any of the powers, Dutys &
'Authoritys in this Act required to be done & performed & Shall
thereof be Lawfully 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 all 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 all 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 Van 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
& Wild Cats 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 Effectual paying of the Said Rewards,
be it Enacted by the Authority aforesaid, that the Same Methods &
Rules, Penalties & Forfeitures Shall be Used in all 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 Van 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 all
Strong Liquors Retailed in this Colony, there was Given and
Granted unto her said Majesty, her heirs and Successors, an Excise
on all Strong Liquors for the Uses in the said Act mentioned.
AND WHEREAS proposals have been made to the General
Assembly of this province by ffrancis Harrison and Gilbert Living-
ston, Esqrs. that on the Consideration of their Receiving the Duty of
Excise aforesaid, That they will pay unto the Treasurer of this
1
932
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 term of five Years,
by Even and equal half Yearly payments; And have proposed Ten
persons of undoubted Credit and Abilities to become Securities for
their due performance of the Same, And have proposed to Renew the
said Securities Yearly and every Year; which proposals have 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 ENACTED by the 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
her Late Majesty, 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 present Year of our Lord Christ One
thousand Seven hundred and Seventeen, And until the Term 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 all the fines, penalties & forfeitures that Shall arise or
become Due by Virtue of the said Act, or by Virtue of this, or any
other act made, Appointing & Directing 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 be
LAWS OF THE COLONY OF NEW YORK.
933
thought most fit & Convenient; And the said purchasor or pur-
chasors, farmer 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 all
intents, Constructions and purposes whatsoever (Excepting the Con-
ditions, Restrictions and Limitations aforesaid, if any such there be)
As the said ffrancis Harrison and Gilbert Livingston might, Could
or ought to have 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
Credit 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 Credit, 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 Credit, 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 have promis'd to become such, shall on or
before the Fifteenth Day of this present 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 ffrancis 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 aforesaid, or if all
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 this Colony, That then and in such Case the
Said ffrancis 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 ffrancis 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, An1 the General Assembly Shall not then be Sitting,
That then the Governor & Council of this province, for ye time being,
or in ye 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, yearly and every year, as aforesaid, at and
under Such Reservations, 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 ffrancis 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 absolutely Debarred from Receiving any
benefit by this Act, Any thing in this Act to the Contrary
Notwithstanding.
AND be it further Enacted by the Authority aforesaid, That the
Said ffrancis Harrison and Gilbert Livingston, their Executors,
'Administrators or Assigns are hereby required, obliged and Com-
LAWS OF THE COLONY OF NEW YORK.
935
manded One Month before the Expiration of ye Said Term of five
Years, or other Sooner Determination, to give the Governour, Coun-
cil or General Assembly for the time being, A Just and true Account,
upon Oath, of all Such Sums of money as they, or any of them have
Annually Received for the said Excise, and from whom they have
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 effectual Enabling the ffarmers of the Duty of Excise,
aforesaid, to Collect and Gather the said Excise, All Retailers of
Strong Liquors within this Colony Shall upon all or any their
Receipts of all 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 Late Majesty, come to the ffarmers of the Excise
aforesaid, or either of them, their Executors, Administrators, or
Assigns, And give A true and just Account of all the said Liquors
Received by them, And pay Immediately, or Secure to be paid
within three Months to the ffarmers said excise, their Executors
Administrat❜rs or assigns the Duty Excise, for the said Liquors,
appointed by the Act aforesaid; And All Such Liquors as Shall
be found, belonging to any Retailer or Retailers, whether 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
have 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 Credible Witnesses,
before any Justice of the Peace within this Colony, The said
Retailer or Retailers So offending, shall forfeit all 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, try and Determine 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 all 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 apprehending and Committing to the Common Goal every
Such Retailer or Retailers offending, as aforesaid, Contrary to the
true intent and meaning of this 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, Adm'rs or Assigns of three
times ye Value
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
Directed & Commanded to receive ye Bodies of any Such offender
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 Construed 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 all or any part of any the pen-
alties and forfeitures Contained in this or any the said Acts, or
from Contracting or agreeing with all or any the said Retailers
for any Sum of Money, or other Consideration, 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 Agree with any the persons offend-
ing, Contrary to the Meaning of this Act, And to Remit all or any
part of the penalties & Forfeitures, as they Shall think fit, and
to agree with all or any the Retailers of Liquors for any Sums of
Money, or other Consideration, 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 Authority aforesaid, That it Shall be
Lawful for the said ffrancis Harrison or Gilbert Livingston, their
LAWS OF THE COLONY OF NEW YORK.
937
or either of their Executors, Administrators, Deputies, Agents or
assigns, or the Deputies, Agents or Assigns of their or either of
their Executors 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 all
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
as the
said ffrancis Harrison and Gilbert Livingston, their Executors or
Administrators Shall approve of, to pay to ye said ffrancis Harrison
and Gilbert Livingston their Executors, Administrators or
Assigns the said Duty of Excise, Given and Granted by the said
Act 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 Executors, Administrators or assigns to Seize all
Such Liquors, And upon proof made by the Oath of one or more
Credible Witnesses, before any one of his Majesties Justices of
the peace of this Colony, that Such Liquors were Guaged, and
payment 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 Credible 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 Executors or Administrators, And Award the Delivery of
them Accordingly.
AND be it further Enacted by the Authority 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 Executors,
Administrators or assigns, Deputies or Agents, to have free
118
938
LAWS OF THE COLONY OF NEW YORK.
Recourse into his her or their house, Ware-house, Out-house,
Cellar, Close, or other place, to Guage and take an Account of all
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 Offence, to be
Recovered by Action of Debt in any Court of Record within this
Colony, where there Shall be no Essoin, protection or Wager of
Law, or any more than one Imparliance.
any person or persons within this Colony Shall presume to Dis-
AND be it further Enacted by the Authority aforesaid, That if
pose of any Strong Liquors made Exciseable by the Act aforesaid,
under the feigned pretence 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 present Act, or any 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.
a
[CHAPTER 347.]
[Chapter 347, of Livingston & Smith, 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., V., 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 named and for Raising and
Putting into the hands of the Treasurer of
this Collony Severa'l 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. Assembly 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 money
LAWS 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 Credit
to the value of Twenty Seven thousand Six hundred and Eighty
Pounds for that purpose; Also, to make void all 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 all 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, Con-
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 have been done for the
Governm't of this Colony, and Several Goods, Wares and Mer-
chandizes advanc'd for the Publick and necessary uses of the
same, for all 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 Vouchers that have 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 have 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 have 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 Vouchers afores'd,
940
LAWS OF THE COLONY OF NEW YORK.
Since discover'd, fully and clearly to make out the Equity of their
Claims were by the then General Assembly of this Colony 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, have Claims for Services by them done, and
Goods and Merchandizes by them advanc'd for the Publick Ser-
vice of this Colony, which Claims were Equally just with those
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 all which Claims has been recom-
ended to the Representatives 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 come 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 receive
being 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
has been thereby left in the hands of the Treasurer, whereof Six-
teen hundred Eighty ffive 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 Credit 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 Cornelius 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 and
LAWS 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 such of the Inhabitants of this Colony whose
Estates or Habitations are adjacent to and border on the said
Partition Lines, may peaceably and without molestation, Enjoy
the ffruits 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 Exigency 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 Demands now
made, & upon strict Search & Examination found to be Equally
due with any others that have 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 Credit to the value of fforty One
Thousand five 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.
i
Five thousand Six hundred and Thirty of five 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 to Sevil, Pillar or Mexico Plate, and shall be
accepted accordingly by the Treasurer of this Colony, for the
time being, for all 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 anyt
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 Credit 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 all 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 Contracts whatsoever,
shall be as Effectual in the Law, to all intents and purposes, as if
the current silver Plate, or other Bills of Credit 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 of Credit, 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 Credit made current
by 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 Credit, shall take an
Oath before any one Justice of the Peace of this Colony, for the
true Signing and delivery of all the s'd Bills of Credit, 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 Credit made current
by this Act, shall for such their Service have paid unto each of
them, or each of their Execr's or Assigns, by the Treasurer
afores'd in Bills of Credit 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 presume to Counterfeit any of the
s'd Bills of Credit, 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 Effectual sinking, Cancelling and Destroying the
Bills of Credit 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
there 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 thirty 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 all 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 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 and Cyder; which said five years Excyse is to be levyed,
collected and paid under the same Pains, Penalties, Regulations,
Restrictions, Conditions and fforfeitures, and in like manner 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 Immor-
tal Memory, Entituled, an Act for laying an Excyse on all Strong
liquors Retailed in this Colony And be it further 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 heirs and
Successors, for the space and Term of Seventeen Years, to
comence 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 Credit 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 distill'd 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, Regulations, Restrictions, Conditions and ffor-
feitures, and in like manner 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 Majesties 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
Assembly, passed in the Twelfth Year of her late Majesties Reign,
entituled, an Act for Laying an Excise on all Strong Liquors
Retailed in this Colony, shall Amount unto a Greater Sum than
will be sufficient to Sink Cancell and Destroy the Bills of Credit
made Current by the aforesaid Act of Assembly, Intituled, an Act
for the paying and Dischargeing the several Debts & Sumes of
LAWS 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 all
Claims and Demands 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, which 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 all 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 Credit 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 Credit afores'd, to any
Person or Persons who shall, during the time afores'd, have any
the s'd Bills of Credit 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 Credit may be truly, 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 hereby 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 yeare, 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 Credit made current by this Act, to any
119
946
LAWS OF THE COLONY OF NEW YORK.
Person or Persons bringing in the Same; And the Said Bills of
Credit shall, on or before the Expira'con of one Month 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 Credit with their Counter-parts,
and entred into a Book to be kept for that purpose, the Number
and Value of Each Bill of Credit so Sunk and destroy'd. But if
it so happen that all or any Part of the Sums arising by virtue
of this Act, shall be paid unto the Treasurer of this Colony in
Bills of Credit, 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 Credit, as by this Act is directed, shall take the
following Oath, viz. I. A. B. appointed to audit and Examine the
acc'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 Credit, as directed by this Act, and will
truly and faithfully do and perform according to my best skill and
Ability every thing directed and appointed by this present Act
for me as Auditor to do and perform. So help me God.
AND be it further Enacted 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 Enacted by the Authority afores'd, That
the Treasurer of this Colony for the time being, shall keep an
exact account of the particular quantities 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 quantities of Plate have been pay'd, to be pro-
LAWS OF THE COLONY OF NEW YORK.
947
duced by him at all 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 vouched 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 pennyweight and a half of Plate afores'd;
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 fifteen ounces of Plate afores'd, in full discharge of an
acc't of Eight Pound and Eighteen Shillings for Passage of
Soldiers and ffreight of several fforces to Albany in the year one
thousand Seven hundred and thirteen.
To Peter Van 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 Joyners
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 Service
948
LAWS OF THE COLONY OF NEW YORK.
ماند
done by him and Cornelis Slingerlandt, as Armorers in his Majesties
ffort at Schenechtady in the Year one thousand Six hundred ninety
four.
To Edward Anderson, his Execr's or assigns, the quantity of thir-
teen Ounces of Plate afores'd, in full discharge of a Demand of Six
Pound fifteen shillings, for Service done in Comp'a with John Dyer,
to Saw Boards and Timber to make and mend Carriages for his
Maj'es ffort in New York.
To ffrederik Myndertse, his Execr's or assigns, the Quantity of one
hundred and thirty Six ounces seventeen pennyw't: and a half of
Plate afores'd, in full discharge of four Warrants drawn by Edward
Lord Cornbury, two dated the fourteenth day of October, one thou-
sand seven hundred and six and two dated the nineteenth day of
Aug't, one thousand Seven hundred and eight for his service
Armorer in his Maj'es Garrison at Albany.
To Abraham Staats, his Execr's or Assigns, the quantity of twenty
Seven Ounces ten pennyw't: of Plate afores'd, in full discharge of
an account of twelve Pound thirteen Shillings and six pence for
freight. of Provisions and other Stores to Albany in the late happy
Revolution, and also for carrying of Soldiers and Provisions in the
Year Seventeen hundred.
To Abraham Kip, his Execr's or Assigns, the quantity of thirty
nine ounces ten pennyw't of Plate afores'd, in full discharge of two
Warrants, one whereof was drawn by Rich'd Earl of Bellomont for
Beer delivered by him to his Maj'es Ship The ffortune, in the year
Seventeen hundred, and the other by Edward Lord Cornbury in the
Year Seventeen hundred and seven.
To Benjamin ffunnell, his Execr's or Assigns, the quantity of ten
Ounces of Plate afores'd, in full discharge of a Warrant drawn by
Cap't John Nanfan, Lieu't. Gov'r. of this Colony, dated the fourteenth
of April, in the year Seventeen hundred & two payable to Jonathan
Brodhurst, for Charges Expended by him in Setling the Excyse of
the City and County of Albany in the year seventeen hundred
To Peter Guelick, his Execr's or Assigns, the quantity of two
ounces and Seventeen pennyw't and a half of Plate aforesaid, for
service done by his Brother Sam'll: Guelick, dec'd, at Albany, as a
Soldier under the Comand of Cap't. Hickbey in the year Seventeen
hundred and four.
To Peter Quackenboss, his Execu'rs or Assigns, the quantity of
nineteen Ounces and twelve pennyweight and a half of Plate afores'd
in full discharge of nine Pounds for ffreight of Stores from N: York
to Albany, by Order of Edward Lord Cornbury.
LAWS OF THE COLONY OF NEW YORK.
949
To Coll: Jacob Rutsen, his Exec'rs or assigns, the quantity of thirty
one ounces five pennyw't of Plate afores'd, for the Arrearages of the
Taxes of the County of Ulster, 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 making 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
fifty 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 Expedition
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 Expedition 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 Expedition 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 Revolution, 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 acc'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
Imploy'd to unload the Ship Elizabeth, Cap't. Jones Comander,
when said Ship went in an Expedi'con against some ffrench Priva
teers under the Comand of Cap't. William Peartree, in the yeare
Seventeen hundred and five, and the Passage of fifty Soldiers from
Albany to New York.
To Cornelis Van 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.
Hickbeys Company in the year one thousand Seven hundred and four
To Cap't. Leend't Lewis and Johannes Terbosh, their or either
of their Exec'rs or Assigns, the quantity of. forty one ounces and
five pennyw't of Plate afores'd, in full discharge of an acc't. of nine-
teen Pound for Sundry Expences, Several Persons of Dutchess
County were at in entertaining Cap'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
fifteen ounces of Plate afores'd, for Sods deliver'd for the ffort of
New York by Order of my L. Cornbury, late Governour of this Colony,
in the year Seventeen hundred and Six.
會
​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 pennyw't of Plate, for his Pay
as a Trooper in Coll: Dongans Expedition 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 Revolut'on.
To Barent Hybon his Exec'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 Exec'rs or Assigns, the 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 July, one thousand Seven hundred and
Six, for a years 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 deliver'd 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 pennyw't: and a half of
Plate afores'd, in full discharge of Sundry Warrants drawn by
Edward Lord Cornbury, one dated the Seventeenth 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
years 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 eighty
952
LAWS OF THE COLONY 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
one 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 quantitie
of 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 quantitie of
sixty two ounces and ten pennyw't of Plate afores'd, for Service done
for the Governme't.
To Cesar 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 presents 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 account of one hundred thirty four Pounds fourteen Shillings and
four pence half penny, for Several Sorts of work done in his Maj'es
ffort in N: York from 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 twenty 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,
dec'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
of an acc't of twenty 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 twelve Shillings and Six pence, for
Several things by him bought and disburs'd by Cap't William
Peartree, who was sent by this Governm't ag't. the ffrench Privateers
then 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
120
954
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. Gov'r John Nanfan, and payable for
money laid out by Ryer Schermerhorn and John Latham, Ship-
Carpenter, to look for Masts for the Royal Navy, 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 & twelve pennyw'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 two Ounces and a half of Plate afores'd, in full discharge of
a Demand of two 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 pennyw't of Plate afores'd, in full dis-
charge of three Warrants drawn by Edward Lord Cornbury, 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 Cockswaine 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 of
LAWS 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 ounces 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 Ounces 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 Expedition against Canada in the year Seventeen
hundred & nine.
To Jacob Dingman, his Exec'rs or Assigns, the quantity of Seven
Ounces 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 Expedi
tion ag't Canada.
To William Bradford his Execr's or Assigns, the quantity of one
hundred ounces 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 Seventy five Pound four Shillings & ten pence
To Harmanus Van Slyke, his Exec'rs or Assigns, the quantity of
Twenty two Ounces 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 ounces 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 YORK.
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 ffort at Albany in the time of the
late happy Revolution, & 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 pennyw't of Plate afores'd, for their
Service in an Expedition 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 Colony during the Administration of the Lord Bellomont.
To Capt. Lancaster Syms, his Exec'rs or Assigns, the quantity of
fifty 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 Colony Service in the yeare Seventeen
hundred and five, in an Expedition 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 May, 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 Christian
LAWS 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 Ounces fifteen pennyw't of Plate afores'd, in full dis-
charge of a Claim of fifteen Pound for his Service, as Interpreter
to the Commissioners of the Indian Affairs at Albany.
To ffrans Wessells his Exec'rs or Assigns, the quantity of
Seventy five Ounces 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 ounces 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 Ounces 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 Ounces 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 Ounces 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'll.
Dongans Expedition 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 late 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 ounces 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 ounces 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 Expedition 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 Assigns, the quantity
of seven hundred & fifty ounces of Plate afores'd, in full discharge
of his Services as Lieu't Gov'r of this Colony.
To Anna D'Peyster, 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 all other Warrants.
To Coll. James Weemes his Exec'rs or Assigns, the quantity of
thirty Seven ounces & ten
& ten penny'wt of Plate afores'd, for
Candles 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 Expedition to Albany,
And also for the Pay of two Men allow'd him, the whole amount-
ing to two hundred thirteen Pound four Shillings and two pence.
To Wybrugh van Borsum & Anna Phenix, 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 Phenix, 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 Revolution.
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 Expedition against some ffrench Privateers, by Order
of this Governm't.
To Abraham Wendell, his Exec'rs or Assigns, the quantity of
twenty one ounces five pennyweight of Plate aforesaid, in full dis-
charge of a Warrant drawn by Capt. Nanfan, dated the twenty
Sixth day of Jany, Seventeen hundred and one, Payable to John
Schuyler for Sundry 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 Coll. 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 Generall Assembly to
receive the Claims of the Governm't, the quantity of one hundred
eighty Seven Ounces ten 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 Governm't, 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 five 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
Cap'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 Colony;
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 time
of their Conspiracy in New York.
960 LAWS OF THE COLONY OF NEW YORK.
To his Excellency Robert Hunter, Esq'r Gov'r of this Colony,
his Exec'rs or Assigns, the quantity of two thousand five hun-
dred twenty five ounces seven pennyw't and a half of Plate
afores'd, for Incidents and sundry Extraordinary disbursem'ts for
the Publick Service of this Colony, for which no Provision has
been made.
To Martha Mompesson, her Exec'rs or Assigns, the quantity of
three hundred and Seventy five ounces afores'd, for the Services
perform'd by her dec'd husband for this Governm't.
To the Gentlemen of his Majesties Councill for their extraordi-
nary Services, expences and trouble in the Publick Affairs of this
Colony, the quantity of Plate following, vizt.
To Coll. Peter Schuyler, Esq'r his Exec'rs or Assigns, the quan-
tity of two hundred and ffifty ounces of Plate aforesaid, in full
discharge of all 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 of
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
hundred 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
hundred & twelve ounces ten pennyw't of Plate afores'd, for his Ser-
vices as Door-keeper of the General Assembly, and fire-wood and
Candles, &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 Expedition 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 Expedition 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 Cornelius Willet, or their Assigns, the quantity
of Twenty five ounces of Plate afores'd, for his Service in the Expedi-
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 ffreeman, 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-
+
121
962 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 each of them, for Services done by them by
Order of the General Assembly of this Colony.
To Henry Wileman, his exec'rs or Ássigns, 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
Credit made current by this Act, unto the following Persons,
their Exec'rs, Adm'rs. or Assigns, being some of them Officers
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 Officers 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 Johannes 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 Phenix, 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
fourteen ounces Seventeen pennyw't & a half of Plate afores'd.
*To Sarah van Arnhem, her Exec'rs or Assigns, the quantity of
Thirty three ounces Seventeen Penny weight & 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
divided 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.
964
LAWS OF THE COLONY OF NEW YORK.
To Mary Burger, her Exec'rs or Assigns, the quantity of Twenty
nine ounces seven pennyw't & a half of Plate afores'd, for service per-
form'd by her husband Peter Sinham, deceas'd.
To Daniel de Voor, his 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 Exec'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 Credit 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 afores'd.
To Johannes Symonse, his Exec'rs or Assigns, the quantity of
Eighteen ounces twelve pennyw't & a half of Plate afores’d.
To ffrancis 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 pennyw't & a half of Plate afores'd.
To Jacob Staats, his Exec'rs or Assigns, the quantity of fifty-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, the 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
afores'd, in full discharge of all their Claims upon this Collony, the
Respective following quantities of Plate, yizt.
To William 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 Officers, 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 in
LAWS OF THE COLONY OF NEW YORK. 967
the Hoorn ffrigat, which was taken from them by Gov'r Slaughter
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 half of Piate 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 Viele, 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, her Exec'rs or Assigns, the quantity
of twelve ounces & a half of Plate afores'd.
To the Children of Aert Elbertse, deceas'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 affix'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 Exec'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 Davis, 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 Credit 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 quantities of Plate following, that is
to Say.
To Gerrit Wouterse, his Exec'rs or Assigns, the quantity of
forty three ounces, fifteen 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, her Exec'rs or Assigns, the quantity
of nine ounces Seven & a half pennyw't of Plate afores'd, for
LAWS 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 Dyck, her Exec'rs or Assigns, the quan-
tity of twenty two ounces & 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 Comp'e.
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
Exec'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 Danielse, 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-
teen Ounces ten pennyw't of Plate afores'd.
To Peter ffransisco, his Exec'rs or Assigns, the quantity of
twelve & a half pennyw't of Plate afores'd.
122
970
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 quantitie 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 three 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 Van Doorn and Jacob Laning, their or either Executors
or assigns, the quantity of thirty two ounces fifteen pennyweight of
plate aforesaid.
To Mary Van Dyck, Widow, her Executors or assigns, the Quantity
of thirty ounces of plate aforesaid, for Service performed by her
Deceased husband henry Van Dyck, as Surgeon to the said Company.
To Johannes Van 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 Colony, for ye time being, co pay in Bills of Credit 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 an1 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
five 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
Volharp, Deceased, in said Company.
972
LAWS OF THE COLONY OF NEW YORK.
To Zacharias Sickells, his Exec'rs or assigns, the quantity of
three ounces Seventeen pennyweight and A half of plate aforesaid.
To John Mack 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.
IT is also Enacted by the Authority aforesaid, That the Treasurer
do pay in Bills of Credit aforesaid, unto the following persons, their
Executors, Administrators 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 One thousand 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 all 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 Treas
urer of this Colony, for the time being, Sall pay in Bills of
Credit 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 Van 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 Cornelius 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.
j
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 pennyweig't of plate aforesaid.
To Cornelius 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 Cuyler, 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 twenty
LAWS OF THE COLONY OF NEW YORK. 975
five Ounces two and A half pennyweight of plate aforesaid, to be
equally divided Amongst them.
To Cornelius van Brunt, his 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 Van 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 Cowenhoven, his Exec'rs or assigns, the
Qu't of Seven Ounces ten pennyweight of plate aforesaid.
To Jacob Cowenhoven, 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 Cornelius Cornel, his Exec'rs or assigns, the quantity of Seven
Ounces twelve pennyweight and a half of plate aforesaid.
IT is also Enacted by the Authority Aforesaid, That the Treasurer
of this Colony, for the time being, shall pay in Bills of Credit 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 pennyweigh't 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 der Pool, his Executors or Assigns, the quantity of
fifteen ounces of Plate aforesaid.
To Capt 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 fforty five
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'd
LAWS 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 Credit 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 & 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 Revolution.
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 teu 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 Cunces 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.
123
978
LAWS OF THE COLONY OF NEW YORK.
To Abraham Wendell, his Exec'rs or Assigns, the Quantity of fforty
five Ounces 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 Exec'r's or Assigns, the Quantity of
forty five Ounces Seventeen and a half pennyweight of plate
Aforesaid,
To the Executors or Administrators 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 of 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 YORK. 979
To Takel Dirkse, his Executors or Assigns, the Quantity of thirty
Eight Ounces twelve and a half pennyweight of Plate aforesaid.
To Jan Casperse Halenbeeck And 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 them
To Stephen Bockenhove, 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 Executors or Assigns, the Quantity of forty
three Ounces five pennyweight of plate aforesaid.
To Elias peltreau, his 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 Cornelius Langevelt, his Executors or Assigns, the Quantity
of thirty Eight Ounces five penny weight of plate aforesaid.
for
To Daniel Toy, his Exec'rs or assigns, the quantity of Thirty three
Ounces twelve and a half pennyweight of plate aforesaid
sundrys, &c.
To Neltie Lydecker, her Execrs or Assigns, the quantity of four
Ounces ten penny weight of plate aforesaid.
To Adrian Gerritse, his Executors or assig for ye use of him-
self and ye rest of the Children of Gerrit Cornelise, Dec'd, their
Executors or assigns, the quantity of twenty four Ounces and five
pennyweight of plate aforesaid.
To Jellis Funda, his Executors or assigns, the Quantity of Nine
Ounces & ten pennyweight of plate aforesaid.
To Sarah Greveraet, widow, her Executors 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 Van 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 Nine And One thousand Six hundred and Ninety, in the time
of ye late happy Revolution, 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 Expedi-
tion Against Canada, And as Major of the fforces in Said Years.
To Gerrit Viele And the rest of the Children of hendrick Van
Veurden, Dece'd their respective Executors or assigns, each their
equal proportion, being one third part of the Quantity of plate here-
under Expressed, that is to Say, To Gerrit Viele one third part, To
Elizabeth Viele, Widow of Dr. Arnout Viele, 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 Authority Aforesaid, that the Treasurer
of this Colony, for the time being, Shall pay in Bills of Credit 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 Employed in the Expedition against Canada,
in the Year One Thousand Seven hundred and Nine, and for Divers
horses lost, And Waggons broke in the Said Expedition, 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.
t
LAWS OF THE COLONY OF NEW YORK. 981
To Jacob Meyer, his Executors or assigns, the quantity of Eight
Ounces and ten pennyweight 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 Matheys Ten Eyck, his Executors or assigns, the Quantity of
Six Ounces of plate aforesaid.
982
LAWS OF THE COLONY 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 Credit 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 Revolution (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 Credit 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 Expedition
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 Van 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 Consequence 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 have 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
Credit 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.
984
LAWS OF THE COLONY OF NEW YORK.
To Isaac Governeur, his Executors or Assigns, the Quantity of ffifty
Ounces of plate, for One Negroe So as aforeSaid Executed.
To Peter Moryne, his Executors or Assigns, the Quantity of ffifty
Ounces, of plate, for One Negroe So as aforeSaid Executed.
To John De. Honeur, his Executors or Assigns, the Quantity of
ffifty Ounces of plate for One Negroe, so as aforeSaid Executed.
To Ruth Shepherd, her Executors or Assigns, the Quantity of
ffifty ounces of plate for One Negroe So as aforesaid.
To Cornelia Norwood, her Executors or assigns, the Quantity of
ffifty Ounces of plate, for One Negroe so as aforeSaid Executed.
To John Cure, his Executors or Assigns, the Quantity of ffifty
Ounces of plate, for One Negroe So as aforesaid Executed.
To Richard Ray, his Executors or assigns, the Quantity of ffifty
Ounces of plate, for One Negroe, So as aforeSaid Executed.
To David Lyell, his Executors or assigns, the Quantity of ffifty
Ounces of plate, for One Negroe, So as aforeSaid, Executed.
To Andrew Stuckey, his Executors or assigns, the Quantity of ffifty
Ounces of plate, for One Negroe So as aforesaid Executed.
AND To Guysbert Van InBurg, his Executors or Assigns, the
quantity of ffifty 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
Credit aforesaid, unto James Dixon, Esq'r Collector and Receiver
General of this province of New York, the Quantity of Two Hun-
dred and ffifty 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 Consequence both to his
Majesty and his Subjects of this Colony, is So Small and otherwise
So Inconvenient, that his Excellencey the Governour has been
pleased to Appropriate the Building over the ffort Gate 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 Credit afore-
LAWS OF THE COLONY OF NEW YORK. 985
said, unto George Clarke, Esq'r Secretary of this province, or his
Assigns, the Quantity of Three hundred Ounces of plate aforesaid,
to be by him Applyed in Materials and Workman Ship for the fitting
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
Credit aforesaid, unto the following persons, their Executors, Admin-
istrators or Assigns, the Several and respective Quantities of late
following, That is to Say,
To Rip Van Dam, Esq'r his Executors, Administrators 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 Assigns,
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 a 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 Expedition
against Canada.
To George Clarke, Esq'r his Executors, Administrators or Assigns,
the Quantity of Seventy ffive Ounces of plate aforesaid, for Ingrose-
124
986
LAWS OF THE COLONY OF NEW YORK.
ing 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 fifty Two Ounces and an
halfe of Plate aforesaid, 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 ffrederick 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 time being, Shall pay in Bills of Credit
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 aforesaid, But Did not Come 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 because 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 Sufficient 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 Enacted by the Authority Aforesaid, That
the Quantity of Four hundred thirty two Ounces and ten penny-
weight of plate aforesaid, in Bills of Credit, be Paid by the Treas-
urer of this Colony To Wm Bradford, his Executors or assigns,
for printing the said Bills of Credit aforesaid, made Current 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 Quantities of plate aforesaid,
and it may So happen that Several of the said persons may
Depart this life before they have 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 have made a Last Will or Testa-
ment, by which means the Said plate may be in the Treasurers
hands,
BE IT THEREFORE ENACTED by the GOVERNOUR,
Council & General Assembly, And it is hereby Enacted 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 Ounces of
plate, or any Smaller Quantity of plate than twenty five Ounces,
shall Depart this life before they have received of the Treasurer
aforesaid, the said Twenty five Ounces or Smaller quantity of
plate, and shall not have made his or her Last Will or Testament,
That in Such Case the Said twenty five Ounces or lesser Quantity
of plate aforesaid, Directed by this Act to be paid, Shall by the
Treasurer aforesaid be paid unto ye Widow 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 Neighbour-
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 Ounces, 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 Quantities 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 ounces of Plate,
being Deposited there for payment of Ambrose Phillipse, Esq'r
the Agent of this Colony, or the Agent of this Colony for the time
988
LAWS OF THE COLONY OF NEW YORK.
being, And for Running the Partition lines between this Colony
& the Colonys of Connetticutt & New Jersey, And for answering
any Exigent of this Colony.
BE IT THEREFORE Enacted by the Authority afores'd That
the Treasurer of this Colony 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 Colony, or the Treas-
urer of this Colony 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-
ing 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 Collecting, 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 Colony and the Colony of New Jersey,
which may be requisite for this Colony 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 ffifty 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 Colony and the Colony of Connecticut, which will
be Requisite for this Colony 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 Run
LAWS 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 all bodys Corporate and Politick, and all 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 quantities 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
Credit made current by this Act, unto each of the Persons here-
after named, the Several quantities 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 Cornelius 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
as 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
afores'd, the Quantity of two hundred & fifty Ounces of Plate
afores'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, 1717.1
WHEREAS the Exportation of Raw Hides from this Colony to
Holland, and to the Neighbouring Plantations, is, by Experience,
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, Canoe, Float, Raft, or any
other Vessel whatsoever, or in any Cart, Waggon, Wain,
Sled, or any other Carriage Whatsoever, or upon any
Horse or other Beast, or by any
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 Sufficient 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 whom
-992
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 Vessel
from taking on Board and Exporting two Raw Hides for the
necessary use of his said Vessel, any thing herein contained 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.
[CHAPTER 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,
which Respective Sums he did thereby order his Executors to
LAWS 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 Interim should be put on
Interest, & the Income thereof Given to his Wife Susannah,
during She should remaine his Widdow for the Maintaining his
Said Sons, untill they should come of Age as aforesaid, Giving all
the rest of his Estate 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 House
Messauge or Tenement and Lott of Ground thereunto belonging
within the Said City of New York. Which fronts Northerly to
Kings Street bounded Easterly to Peter Baunt and Southerly to
Angenite Adolph with all 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 ND WHEREAS the Said Thomas La Roach in his life
time 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 Execute 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-
125
994
LAWS OF THE COLONY OF NEW YORK.
ing the Same Date with the Said Warrant of Attorney) made and
Executed between the Said Benjamen 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 Estate 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 Petition 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 Enacted 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 have hold Occupy posses & enjoy
the Said Dwelling House & all & 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 & Execute all manner
of Deeds & Instruments in Writing & to Act & Do all 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 all
Intents & purposes whatsoever, Saving to all persons all Lawfull
Claims or Interest to the Said Dwelling House, Except the Heirs of
the Said Thomas La Roache any thing herein Contained to the Con-
trary in any wise notwithstanding.
LAWS OF THE COLONY OF NEW YORK. 995
PROVIDED alwaies The Said Susanna Shall have & 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 all 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 prohibiting all 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
forth 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 aforesaid
}
996
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 his 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 fee Simple or otherwise out of any of the Said tracts
or parcells of the said Devised Lands with the appurtenances not
Exceeding 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, Governor.)
[CHAPTER 352.]
[Chapter 352, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford, 1732 ed., p. 177; Baskett, p. 283.
Revived by chapter 473.]
An Act to prevent small Stallions run-
ing at large & to Geld all 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 Colony & 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 Lawful 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 all 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 presume 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 presume 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
Vallue 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 ffifteenth 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 Repre-
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 Representative of the
998
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 Effectual 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 Van 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 privilege 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 all 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 Choice 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 have the same power, Authority, Office
and Function & doe performe Execute & Serve in Conjunction with
LAWS 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 have,
ought, or are Intended to have, do performe & 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 Effectual 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 Experience, been found to be very beneficial. 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, reviv'd & con-
tinu'd 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 have 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 his Ma'ties Sub-
jects. Be it Enacted by his Excellency the Governour Council and
General Assembly and by the Authority of the same, That the said
Nicolas Caron, Abraham de Casserez, Tobias Boel, Henricus Boel,
Jacob Pit, Jan Pit and Samuel Richards are hereby declared to be
Naturalized, to all Intents, Constructions and purposes whatsoever,
and from henceforth are, & at all times hereafter shal be, entituled,
to have and enjoy all the Rights, Liberties, Priviledges & advantages
which his Ma'ties Natural Borne Subjects in this Colony have &
enjoy, or of right ought to have and Enjoy, as fully to all Intents
Constructions and purposes whatsoever, as if the said Nicolas Caron,
Abraham de Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit
and Samuel Richards, had been born within this his Ma'ties Province
of New York. PROVIDED alwaies and it is hereby Enacted, That
the said Nicholas Caron, Abraham de Casserez, Tobias Boel, Hen-
ricus Boel, Jacob Pit, Jan Pit and Samuel Richards shall take the
Oaths appointed by Law 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 Ma'ties Courts of Record
within this Colony, which said Courts are hereby Required, upon
application to them made to administer the same & take Subscribions,
and Cause the Names of the Person and Persons so Swearing and Sub-
scribing to be entered upon Record in the said Court, for which every
one of the said Persons, is hereby required 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.
r
And be it further Enacted by the authority aforesaid, That if all
or any of the said Persons having so Sworne & subscribed as aforesaid
shall Demand a Certificate or Certificates of his being entered upon
Record in manner aforesaid, the said Court or Courts are hereby
Directed and required to grant the same, under the hand of the
Judge & Seal of the said Court in which the said Nicolas Caron,
Abraham de Casserez, Tobias Boel, Henricus Boel, Jacob Pit, Jan Pit
and Samuel Richards or any of them, shall so Swear and Subscribe
as aforesaid, Counter Signed by the Clerk of the said Court, for
which Certificate the Person requiring the same shall pay over &
above the Nine Shillings before mentioned, the sum of Six Shillings,
one half to the Judge of the said Court or Courts, & the other half to
the Clerk thereof, which said Certificate or Certificates, shall at all
times be a Sufficient proof of the Person or Persons being Naturalized
by this Act, as if the Record aforesaid were Actually 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.
[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 all other Ships and Ves-
sels requiring a Pilot that shall come 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 with Sufficient Sureties to keep an able Pilot
126
1002
LAWS OF THE COLONY OF NEW YORK.
ļ
residing at or near Sandy Point, provided with a Sufficient Boat,
Tackle, and Furniture to be at all times ready to goe on Board & Pilot
any Ship or Vessel into the harbour of the Province of New York. To
the Intent no unskilfull Person or Persons for Gain, may presume
to Pilot Ships and Vessels coming into, and goeing out of the said
Port, and to prevent the Loss of any Ship or Vessel bound to and
from the said Port.
BE it Enacted by his Excellency the Governour Council and Gén-
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 afore-
said, that shall take upon him or them to Pilot any Ship or Vessel
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 evidence, 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.
PROVIDED 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 Vessel 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 Vessel 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
[CHAPTER 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.
Revived 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 find 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 & Artificial 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
have any Stray'd Nett Cattle or Sheep in his or their Possession,
within one month after such stray as aforesaid, Shall come 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 Current 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 Town 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 same Every such Owner or Owners shall pay
to such person or persons who shall keep or maintaine 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.
[CHAPTER 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 by the authority aforesaid That no
person whatsoever shall after the publication of this act take
Directly or indirectly any Greater 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.
Sixth 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
Title only is printed in Baskett, ´p. 291.]
passed in 1719.
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-
charging 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 to be apply'd to the Pub-
lick & necessary Uses of this Colony and to make Bills of Credit to
the value of Forty 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 of veto, see Doc. Rel. to Col. Hist., V., p. 529.)]
An Act for reviving an Act of General
Assembly Entituled an Act for the easier Par-
tition of Lands in Joint Tennency or in Common
and making the same more Usefull and effectual
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 & may
be Lawful to and for the Major part of any Number of Patentees
or Assignees of full shares of Patentees, who hold any Lands, Tenne-
ments or Hereditaments in Joint Tennency or in Comon by them-
selves their Guardians Agents or Attorneys thereunto Sufficiently
Authorized, to enter into and make and Execute 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 all 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 all Intents & pur-
poses as if the same had been Divided and Laid out by Virtue 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
Assignees of full shares of Patentees.
This Act to remain in Force during the Terme abovesaid.
[CHAPTER 363.]
[Chapter 363, 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. 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.]
WHEREAS 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 Credit
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 the 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 Credit
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 Credit 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.
[CHAPTER 364.]
[Chapter 364, 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. 291.]
·
An Act for Setling the Boundaries
between the Lands Granted by Patent unto Cor-
nelius Coel Adrian Gerritse Matthias Ten
Eyck, Jacobus DuBois, Johannes Schipmoes,
Roelof Swartwout Cornelius Lammerse, Peter
Pieterse Lawrence Oosterhout & Jannetse
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 Trustees 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 all 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-
nelius Coel, Adrian Gerritse, Matthias Ten Eyck, Jacobus DuBois,
Johannes Schipmoes, Roelof Swartwout, Cornelius Lammerse Peter
Pieterse Lawrence Oosterhout and Jannetse Newkirk their Heirs
& Assigns of the one part and the Trustees 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
Cornelius Coel Adrian Gerriste Matthias Ten Eyck, Jacobus DuBois
Johannes Schipmoes Roelof Swartwout Cornelius 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 Trustees
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
day of June in the Year of
the Year of our Lord
One thousand Seven hundred & three as far as relates to
the matter in Question in the Words following (Vizt) all
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 COLONY OF NEW YORK. 1009
missioners appointed by Coll Lovelace Gov'r' of our Said Province of
New York in the year of our 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 Cornelius Coel, Adrian Gerritse Matthias
Ten Eyck Jacobus Du Bois Johannes Schipmoes Roelof Swartwout
Cornelius 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 Trustees of Marble Town aforesaid and the aforesaid
Cornelius Coel Adrian Gerritse Matthias Ten Eyck Jacobus DuBois
Johannes Schipmoes Roelof Swartwout Cornelius 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 Trustees of
Marble Town in the County of Ulster their Successors & 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
Cornelius Coel Adrian Gerritse Matthias Ten Eyck Jacobus DuBois
Johannes Schipmoes, Roelof Swartwout Cornelius 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 say, 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 Cornelius Elten at the Southermost part thereof and
127
1010
LAWS OF THE COLONY 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 all and all 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 the 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
See chapters 292, 324.]
Baskett, p. 289.
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 Credit 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 all Vessels Trading
into this Colony (Except such as are therein
Excepted) to pay a certain Duty & for the fur-
ther Explanation & making more Effectual cer-
tain Clauses in an Act by which a Duty is laid
on all Negroes & other Slaves Imported into this
Colony.
[Passed, October 16, 1718.]
WHEREAS 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 Credit 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, there
LAWS 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 other place, than that of
its Growth 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 the
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 all 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 Distilled 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
Distilled 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
all Vessels Trading into this Colony Except such as are therein
Excepted to pay a certain Duty, & for the further Explanation &
rendring more Effectual 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 arisen 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 prevention 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 it
1012
LAWS OF THE COLONY OF NEW YORK.
shall be Lawfull for the Officer appointed to Collect the said Duty of
Tonnage to Examine the Master upon Oath, Mate, Purser or Super
Cargoe of any Ship or Vessel in order to discover the true Owners of
the said Ship or Vessel and place of their habitation & any Master,
Mate Purser or Super cargo refusing to be Examined upon 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 by 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 Duties therein mentioned for the Use of this Colony.
And Whereas by a Clause in the Act aforesaid, entituled an Act
to Oblige all Vessels Trading into this Colony, Except as are therein
Excepted, to pay a certain Duty and for the further Explanation and
making more Effectual certain Claims in an Act by which a Duty
is Laid on all Negroes and other Slaves Imported into this Colony,
there is a Duty 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 Duty 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 Vessels wholly owned by the Inhabitants of great Britain,
there shall be no other or greater Duty paid than is or shall be paid
⚫ for each Negroe or other Slave Imported into this Colony in Vessels
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 Vessel wholly own'd by the Inhabitants
of this Colony, before the first Day of September Seventeen hundred
& Sixteen, liable to the Duty of Tonnage, but that every Such Ship
or Vessel wholly own'd by the Inhabitants of this Colony, on or
before the said first day of September Seventeen hundred and Sixteen,
is and Shall be Excepted & Discharged from paying the said Duty
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, Governor.)
[CHAPTER 366.]
[Chapter 366, of Livingston & Smith and Van Schaack, where the title
only is printed. Title only is printed in Bradford, 1732 ed., p. 186. See
chapter 393. Repealed by chapter 396.]
An Act for a Supply to be Granted to his
Majestie for Supporting his Government in ye
province of New York from the first day of July
which Sha I 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 Vizt:
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 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 Credit made Currant in this Colony and So in proportion
for all 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 Vessel which has Traded traffiqued or broke
bulk in any other port or place after the Same has been Loaden on
board, her 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 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 all 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 all 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 notwithstanding
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 age of four years only Excepted
And Whereas debates and Controversies may arise touching
and Concerning the age 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
determine whether the age of the Said Negro or other Slave be
under the age of four years or not
For the Tonnage of all 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, Ships
LAWS OF THE COLONY OF NEW YORK. 1015
directly from Great Britain, Ships and other Vessels built in this
Colony and also Such Ships or other Vessels as were wholly
owned by the Inhabitants thereof before the thirteenth day of
June One thousand Seven hundred and Sixteen and Such Vessels
as have 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 effectual 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 Same Shall be invested with all and
every the powers and authoritys 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 regulations 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 all Bread and flower brought to his Majesties Beam and
Weighed 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
to 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 all
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 all and every person and persons who
Shall Export from or import into the City of New York any of
the Said Cocoa of the Weight or quantity aforesaid without
1016 LAWS OF THE COLONY OF NEW YORK.
weighing the same at his Majesties Beam and Answering and
paying the Rates and Dutys aforesaid Shall forfeit and 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 Same at his Majesties Beam aforesaid to be recov
ered before any one of his Majesties Justices of the peace of the
said City one half to his Majestie his heirs and Successors and
the other half to him who Shall prosecute or Sue for the Same.
AND for the due and orderly Collecting the rates and duties
before imposed on Wine Rum Brandy or other Distilled Liquors
Cocoa and European Goods not brought directly from Europe &
for preventing frauds & Imbezilments of those rates and Duties
BE IT FURTHER ENACTED by the authority aforesaid that
the Master Mate or purser of all and every Ship or Ships Vessel
or Vessels that Shall come into any Creek port or harbour within
this province to trade or Traffique Shall repair and Come to his
Majesties Custome house and there make report of all such parcel
or parcels of Goods Wares or merchandize as he or they hath or
have on Board his or their Ship or Ships Vessel or Vessells and
also Declare upon Oath that he or they have not broke bulk Since
his or their arrival within this province and before he or they
made such report as aforesaid And all and every Merchant and
Merchants who have any goods Wares or Merchandize on Board
any Such Ships or Vessels as aforesaid Shall at the Said Custome
house make a true and distinct Entry of all and every Such parcel
or parcels of Goods Wares or Merchandize as he or they
hath or have on Board all or any and every such Ship
or Ships Vessel or Vessels as aforesaid And if any difference shall
arise touching and Concerning the Value of European Goods not
brought directly from Europe So Entered the Collector for the
time being or his deputy is hereby authorized and required to
administer an Oath to all and every Such person or persons mak-
ing 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 come 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 of the Value of the Same as near as may be
ard pay the duties accordingly.
AND BE IT FURTHER ENACTED by the authority aforesaid
that if any Master or purser of any Ship or Vessel whatsoever or
any merchant factor or other Shall break bulk or Land any goods
LAWS OF THE COLONY OF NEW YORK.
1017
Wares or Merchandize whatsoever before he or they make report
& entry and pay and Secure to be Paid the duties hereby imposed,
All 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 his Majestie his heirs and Successors to be apply'd to the
Support of his 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 Same 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 ENACTED by the authority aforesaid
that all & 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 herein before given & granted
thereon or in Case ye Duties Arising by this act upon Such
importation Shall amount to above the Sum of four pounds shall
well & sufficiently 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 lawful 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 Satisfied And if the Duties be
not 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.
PROVIDED 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
ffifteen months from the time of its importation That then and in
Such Case the owner or importer Shall pay the aforementioned
Duty or Dutys for no greater 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
128
1018
LAWS OF THE COLONY OF NEW YORK.,
as aforesaid, oblige themselves to Export within the time men-
tioned in the Bond, That then he or they Shall pay the aforesaid
Duties respectively given on the said Cocoa and be Debarre'd
from the benefit 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 all or such part
of Such a parcel or quantity of Cocoa imported into this province
at Such a time in Such a Vessel from Such a place Expressing
the parcel or quantity of Cocoa imported the time when the Ves-
sels name and from what place, or if the said Exporter shall have
bought 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 all or such part of
Such a parcel or quantity of Cocoa imported into this province
at Such a time in Such a Vessel from such a place Expressing
the quantity imported the time when the Vessels Name 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
And 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
Quantities 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
Vessels and the Duties given for Weighing at his Majesties Beam
LAWS OF THE COLONY OF NEW YORK. 1019
Shall be paid to the said Treasurer by 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 all and every sum and Sums of money
that shall Come 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 all 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 Credit made Currant in this Colony to all and every the Mem-
bers of the General assembly of this Colony Ten Shillings per
Diem for each day they have Served or shall Serve from the first
day of this present Sitting of Assembly to the Expiration of the
Same according to a Certificate to be produced to him by every
of 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
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 accordingly 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 by an Act of the General assembly of this
Colony pass'd in the first year of his present 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 Credit 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 Credit made Current
by said act to any person or persons bringing in the Same and
that the Said Bills of Credit 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 Representatives 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 has 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 Year 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 Credit for that purpose and
for the disposition of The Publick Money Lodged in his hands by
LAWS OF THE COLONY OF NEW YORK. 1021
Virtue of this or any other act of the General assembly of this
province the 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 Van 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 &
Sufficient 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
Sufficient 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 Van 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, which shall be in the Year of our
Lord, One Thousand Seven hundred and Twenty One.
1022
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 all Empty
Casks Imported into this Colony.
[Passed, June 24, 1719.]
WHEREAS the Importation of great quantities of Empty Casks
out of the Neighbouring Colonies into the City of New York by
Experience 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
hereby 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
for every flower & bread barrel the sum of one shilling for every
flower 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 Credible Witness,
to be Landed without first paying and Discharging the duty for
cach 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 371.]
[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 same. 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 present
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 COLONY 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 Queen 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
Differences having arrisen amongst the Inhabitants in the said
County occasioned by the said Provisoe concerning the said
Lesser Roads, To prevent therefore any further Difference 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 hereby 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
[CHAPTER 373.]
[Chapter 373, of Livingston & Smith and Van Schaack, where the title
only is printed. Printed in full in Bradford, 1732 ed., p. 181. What in this
act relates to Westchester county expired June 24, 1724, and as to other
counties June 24, 1722. Revived as to Queens county by chapter 442.]
An Act to authorize the Justices of the
Peace to Build & Repair Goales & Court
Houses in the Several Countys of this
Province.
[Passed, June 24, 1719.]
1
WHEREAS Several Goales & Prisons within this Province for
want of due repair, are become prejudicial 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 Publick Charge, for the keeping & holding
of Courts and many of those so Erected are Inconvenient 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 present are not so, and that the Goales in the
Several Countys of this Province may be made Convenient and
Sufficient, for the preservation 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 & agree upon such Sum or Sums
of mony as upon Examination of Sufficient & able workmen shall
be thought necessary for the Building, finishing or repairing 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 Estates, to be Levied
for the Uses aforesaid. And the Justices of the Peace are hereby
Authorized & Impowered at the General Sessions of the Peace
129
1026
LAWS OF THE COLONY OF NEW YORK.
held 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 they in their Discretions 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
present at the said General Sessions as aforesaid, to Levy the
Sum Assessed by distress and sale of the Goods & Chattles of
such 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 agree
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 all Sums of money received and Disburst by
him or them in pursuance of such order as he shall have received
under 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 account for all 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 have 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 all high Con-
stables, Petty Constables or other Officer or Officers, paying Such
Sum or Sums of money as they have Collected by Virtue of this
Act, & the Discharge under the hands & Seals of the Justices
LAWS OF THE COLONY OF NEW YORK.
1027
of the Peace or the greater Number of them at their General Ses-
sions to Such their Receivers, shal be deemed & allowed as a good
& sufficient Release, acquittance or Discharge in any Court of
Law or Equity, to all 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 agree 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 Person 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 Special matter in Evidence, & if the Plaintiff or Prosecutor
shall become Nonsuit or forbear further Prosecution or suffer
a discontinuance, or if a Verdict pass against him, the Defend-
ants Shall recover double costs, for which they shall have the like
remedy, as in any Case where Costs by Law are given to
Defendants.
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 the Publication of this Act & no longer.
[CHAPTER 374.]
[Chapter 374, 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, 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 who
1028
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 Regulations & Directions as all 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 Van 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 Execute 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 a
LAWS 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 pieces 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
all the Cattle Stock Slaves and all other the pieces and parcels of
Land possessed by said John Miserol at ye time of his Death, without
any real or valuable Consideration, fraudulently to defeat and
Deprive the petitioners John Cornelius, 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 all 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 all intents and purposes, and the said petitioners John, Cornelius,
Margarita, Deborah, and Janetie the Children and heirs of ye said
John Miserol dece'd are hereby Enacted and declared to have 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 Van Schaack, 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
County.
[Passed, June 24, 1719.]
WHEREAS the Township of Hempstead having large Plains &
Comons, the Inhabitants permit their Rams to run at large, by
1030 LAWS OF THE COLONY OF NEW YORK.
reason whereof, the Ewes, Lamb at unseasonable times to the
great prejudice 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
Kam or Rams runing at large from the first day of June, till the
Twenty fourth day of October yearly, on the Plains & Comons
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 Ram & 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.]
1
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 inconvenient 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
tɔ meet at such Convenient time and place as to them Shall Seem
most fit to Consult and agree 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 Sufficient
LAWS 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
which Sum of money So agreed on Shall be equally and in due
proportion assessed upon the Inhabitants of Kinderhook Claverack
and the Mannor of Livingston by the Assessors of the Same and
Levyed by their respective Collectors by Warrant from the Said
Justices or the Greater Number of them and paid by the said
Cellectors To a Treasurer to be appointed by the said Justices.
AND BE IT ENACTED by the authority aforesaid that it shall
and may be lawful for the Justices aforesaid or the Greater
Number of them and they are hereby impowered to Contract and
agree 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
Employ'd 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
henceforth the Kings highway or Road shall go by the house of
Cornelius 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 Experience 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 All Waggons
Carts or other Carriages which are used in any of the Kings
highways 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 this
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 Year
of our Lord One thousand Seven hundred and twenty two and
no longer.
[CHAPTER 378.]
[Chapter 378, of Livingston & Smith and Van 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 all 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 Representative 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
printed in full. This act is not in Bradford, 1732 ed.]
An Act to enable the Precincts of Haver-
straw 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 & others,
have by their Petition 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
together 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 all
the Powers & be Obliged to such Services & Duties as all 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 printed. Printed in full in Bradford, 1732 ed., p. 183. Repealed
by chapter 652.]
An Act to Elect Supervisors in Dutchess
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
130
1034
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
from & 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 have the same power, function and author-
ity to raise publick money to defray the necessary Charge of the
County and also adjust the Charges of the same, as all other Super-
visors of this Colony by Law have, or ought to have.
[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 Beek-
man Jan Van Taerlingh and Pieter Vander
Lyn.
[Passed, June 24, 1719.]
WHEREAS Tedeus Beekman Jan Van Taerlingh and Pieter
Vander Lyn have by their petitions 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 same
LAWS OF THE COLONY OF NEW YORK. 1035
That the said Tedeus Beekman and Jan Van Taerlingh and Pieter
Vander Lyn are hereby Declared to be Naturalized to all intents
Constructions and purposes whatsoever And from henceforth are and
at all times hereafter shall be Entituled to have and Enjoy all the
Rights Libertys privileges and advantages which his Majesties
Natural Born Subjects do Enjoy or of right ought to have and enjoy
as fully to all intents Constructions and purposes whatsoever as if
the Said Tedeus Beekman Jan Van Taerlingh and Pieter Vander-
Lyn had been Natural Born Subjects.
PROVIDED ALWAYS and it is hereby Enacted that the Said
Tedeus Beekman Jan Van 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 Van
Taerlingh and Pieter Vander 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 Van Taerlingh and Pieter VanderLyn having
so Sworn and Subscribed as aforesaid shall demand a Certificate
of their or any of their being Entered upon Record as afores'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 VanderLyn or any of them
. Shall So Swear and Subscribe as aforesaid Countersigned by the
Clerk of the s'd Court for which Certificate the Said Tedeus Beek-
man Jan Van Taerlingh and Pieter VanderLyn 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 Certifi-
cate shall at all 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 Van Taerlingh and
Pieter VanderLyn.
1036 LAWS OF THE COLONY OF NEW YORK.
[CHAPTER 382.]
[Chapter 382, of Livingston & Smith and Van Schaack, where 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
Severall 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 all
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 pretend any
prerogative 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 their
LAWS 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 Suffi-
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 out in manner aforesaid) and have 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
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 hereby Enacted by
his Excellency the Governor and Councill and General assembly and
it is hereby Enacted by the Authority of the Same that all and
evcry the Deed or Deeds Conveyance 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 have 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
benefit and behoof of him or them their respective heires and
Assignes forever Against all 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 any 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 ought
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 and
1038 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 ought
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 all 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 her
possession Shall be and hereby are Declared to be Vested in the
Said Geesie Lewis During her naturall Life to have 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 all the Lands Tenements and heredita-
ments and other the Real 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 all 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. This 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.]
WHEREAS 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 & Vestreymen 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 refusal of the payment of all 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.]
f
[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 &
agree, 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 agree determine & 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,
Determine & 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 Determine & 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, all 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 their
LAWS OF THE COLONY OF NEW YORK. 1041
Allowance or Disapprobation of the 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 & agree 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, all 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 have
& 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 evade paying
131
1042 LAWS OF THE COLONY OF NEW YORK.
their Publick Taxes & doing & performing Such Services as are
done & performed by other his Ma'ties Subjects in both the said
Colonies of New York & Connecticut and Several Persons Owners
of Considerable Tracts of Land & willing to Settle & Improve
the Same, are deferred from so doing, least their Settlements &
Improvements, 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 Settle-
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-
ncur, 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 all 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 & Earnest Desire of the
Legislature of this Province that the Lynes of Partition & Division
LAWS 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 Governour, 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 Credible 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
of 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 made & rattified by Dongan &
Treat Governours of New York & Connecticut before mentioned &
approved of & Confirm'd 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.
Accounts:
INDEX
-
A.
VOL. I.
YEAR. PAGE.
public, act to appoint commissioners to take and state.... 1700
continued
430
1702
493
act appointing commissioners to take and state....
commissioners appointed to take and state.
1700
441
•
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....
preventing multiplicity of law suits.
• •
for shortening law suits.
Administration:
letters of..
Albany:
Dongan Charter
1709
681 *
1714
827
1714 841
1692 300
1686 195
act raising 150 men for defense..
for raising 200 men for defense.
to raise 220 men for defense.
to raise 80 men for defense.
jurisdiction of mayor's court..
1691 258
1692
272
• •
1692
282
1692
286
1692 305
act raising 6,000 pounds for payment of 300 men for
defense
•
for raising 170 men for defense..
raising 100 men for defense...
for raising 800 pounds for paying soldiers for defense.. 1695
•
to enable to defray charge.
raising 1,000 pounds for defense.
raising 100 men for defense.
•
•
to defray necessary charge.
raising 320 pounds for defense.
•
•
to enable, to defray necessary charge...
1693
315
1694
324
1691
339
344
1695 347
1695
352
1696 369
1697
377
1697
381
•
1699 411
1046
INDEX.
Albany - (Continued):
act for repairing of fort at…..
for raising money to defray necessary charge....
for watching and guarding.
for repairing fortifications..
appropriation for defense.
act for paying 1,500 ounces of plate, for securing frontiers
about
for better repairing fortifications.
· •
YEAR. PAGE.
1701
171
1706 604
1709 701
1710
717
1711
750
1712 757
1712
773
to encourage trade with Indians at.
1714
828
revived
1717 917
for repairing fortifications..
1715
885
to erect houses for
for accommodation of Indians
trading at
1716
890
for repairing the fortifications of..
.1716 893
Albany city and county:
(See Albany county; Albany city and county.)
act defraying necessary charges.
to enable, to defray necessary charge…..
taxes to pay arrears to representatives..
act for electing or appointing four assessors.
(See Albany and Albany county.)
Albany county:
1691 242
1694
1709 702
332
1712
777
erection
boundaries
1683 122
•
1691 268
•
act to compel owners of unimproved land to pay taxes..
to enable justices of peace to repair or rebuild jail....
additional sum for...
1701
473
1703
529
1705 576
for building jail and city and county hall.
to prevent slaves running away from.
revived
•
1705 579
1705 582
1715 880
regulating inner fences.
1706 605
to prevent sale of liquor to Indians in.
1709
657
revived
1709
685
•
revived
1711
740
•
revived
1711 751
revived
1712 755
•
annexing a portion of Manor of Livingston....
granting to freeholders of Catskill and Coxhackey, the
1717 915
privilege of choosing a supervisor..
for building bridge over Kinderhooks creek.
(See Albany; Albany city and county.)
1718 998
1719 1030
INDEX.
1047
Aliens:
dying seized of lands, etc., deemed to have been natural-
ized..
Apprentices:
act concerning...
Arrest:
act concerning..
YEAR.
PAGE.
1715
858
1684 157
1684
159
Assembly:
first
•
declared to be a right of subjects.
act regulating elections of representatives.
1683
111
1691
244
•
1699
405
•
repealed
1702 524
elections of representatives.
1701 452
•
representatives in, increased..
1702
478
act for furnishing a room for, in city hall of New York.... 1704
569
Assessors:
act to relieve...
1709
671
to enable justices to nominate, in case of death..
1709
677
Assizes:
court of, law for executing judgments.
1684
163
1684
171
abolished
Assignments:
of specialties
Attorneys-at-law:
act for regulating and retaining.
continued
relative to the practice of law.
Auction:
• •
act to regulate sale of goods by, in New York...
laying a duty on goods sold by.
laying a duty on goods sold by.
laying a duty on goods sold by..
revived
· •
•
•
Ballast:
B.
1684
153
1695
351
1699
409
1714
811
1709
692
1713
789
1715 863
•
1717 901
1719 1021
act to prevent damage by casting into rivers.
1684
167
Baptism:
of slaves
1706 597
Barratry, Champerty:
act against
1684 145
1048
INDEX.
:
Benckes and Eversten's:
charter
Beer:
act encouraging brewing of.....
YEAR.
PAGE.
1673
101
1700
439
Bills of credit:
act for currency of, for 5,000 pounds.
for 4,000 pounds
·
1709 669
1709 689
•
for $14,545
1709
695
for treasurer issuing, to pay for expedition to Canada.. 1709
to retrench the interest of...
698
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 41,5171 ounces of plate……..
Boundaries:
1717 938
act to ascertain Connecticut.
1719 1039
Brick:
Brewers:
act concerning
size of
British officers:
act for paying...
Burials:
act concerning
By-laws:
act against, unlawful
1684 153
1703
554
1712
756
1684
152
1694 326
Canada:
C.
act to detach 487 men for expedition to...
bills of credit to pay expense of expedition to..
act for raising forces to assist in expedition to.
1709
659
1709
698
1711
723
to appoint commissioners to purchase provisions, etc.,
for expedition to reduce
1711
727
relative to
1711
744
•
for rewarding volunteers on expedition against...
1711
732
against
embezzling clothing, etc., for expedition
against
1711
740
for security and defense of colony during expedition to, 1711
741
INDEX.
1049
Casks:
act to ascertain assize of....
Catskill:
laying a duty on empty, imported into colony....
allowed to choose a supervisor....
YEAR. PAGE.
1703 554
1719 1021
1718
998
Cattle:
law concerning
1684 152
act for encouraging return of strayed...
1718 1003
Chancery:
court established, jurisdiction
court of jurisdiction
1691
230
1692 307
•
Charters:
Duke of York's, first
second
Benckes and Eversten's
Colve's
of liberties and privileges
Dongan's, New York
Albany
Chirurgeons and midwives:
law concerning
Church:
act to enable French Protestants of New York city to build
1664
1
1674 104
1673 101
1674
102
1083
111
1686
181
1686
195
1684
146
larger
1703
526
Cities:
rights and, etc., confirmed
1691
224
Coin:
act against forging, counterfeiting or clipping.
1702
521
revived,
partly repealed
to prevent corruption of
to prevent exportation of..
1708 621
... 1710
714
1708 620
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
Dongan's
Andros'
Governor Sloughter's
106
1686
177
1688
216
1689
221
132
1050
INDEX.
Commissioners:
YEAR. PAGE.
continued
to take and state public accounts
act appointing, to take and state public accounts..
appointed to take and state public accounts.
1700
430
1702
493
1700 441
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
jurisdiction
1691
228
1692 305
Connecticut:
act to ascertain boundary between New York and....... 1719 1039
Constables:
choice of
Conveyances:
frauds in ..
Cornfields:
law concerning
Cornwall county:
erection
boundaries
Coroners:
1684
146
1683
141
1684
152
1683
122
1691
268
not to be elected except on writ.
1708
623
Counterfeiting:
foreign coins, act against
... 1702
521
revived
1708 621
•
1710
711
partly repealed
Counties:
erection of
treasurers to be chosen
province divided into
treasurer to be chosen by justices..
County rates:
act for, repealed
Courthouses:
1683
122
1691
237
1691
267
1701 457
1683 124
justices of the peace authorized to build and repair………….. 1719 1025
Courts:
act to settle
of justice, act to explain act relating to.
justices', absence of justice
1683 125
1684
143
1684
156
INDEX.
1051
Courts
(Continued):
law for executing judgment of former courts of assizes
and sessions
altering time of sessions in Westchester county...
YEAR.
PAGE.
1684 163
confirming judgments in former court of assizes..
assizes, abolished
removal of sessions from Gravesend to Flatbush.
proceedings and jurisdiction of, monthly. .
establishment and jurisdiction of.
establishment and jurisdiction..
continued
Coxsackie:
continued
allowed to choose a supervisor
Cursing. (See Swearing.)
Damages:
D.
regulating, occurring under Leisler.
repealed
•
Deceits:
law to prevent...
Deer:
act for preservation.
revived
for preservation
•
partly repealed
preservation of, in Ulster county...
1684 169
1684
171
1684
171
1684
176
•
1685
175
1691
226
1692
303
1695
359
1697 380
1718 998
1691
262
1699 386
1684 148
1705 585
1716 888
1708 618
1713 781
1716
888
Desertions:
act to prevent
to prevent
1699
417
1700 434
Disorders:
law for quieting
1691 223
last clause of act repealed...
1704
575
Dongan:
Governor, instructions
108
presents 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
111ff
1052
INDEX.
Drunkenness:
law prohibiting
Duke of York:
first grant to.
second grant to.
YEAR.
PAGE.
1685
174
1664
1
1674
104
6
7
7
8
71-100
•
•
11
1f
11
12
13
14
Duke of York's laws.
absence
actions
administration
amendments to
amerciaments
appearances
appeals
apprisements
arrest
assessments
assaults
attachment and summons..
attorney
assizes
bayle
barratry
ballast
bills
bond slavery
bounds
brewers
births and marriages...
burials
capital laws
•
cattle, corn fields, fences.
causes
church
church wardens
charges, public....
children and servants.
chirurgeons, midwives, physicians
constables
conveyances
counsel
•
condemned
courts
•
•
•
15
12 13
15
16
16
17
17
17
17
18
18
18
19
1.9
20
•
•
24
26
21
24
25 ***
26
26
27
28
30
31
31
27, 71
•
INDEX.
1053
Duke of York's laws - (Continued).
defamation
dowry
•
fast days and thanksgiving..
fees
fornication
forgery
• •
YEAR. PAGE.
32
32
32
32-35
35
35
fires
36
fugitives
horses and wares
impresses
innkeepers
Indians
•
jurors and juries
justices of peace
lands
laws
36
37
38
39
40
•
42, 71
43
44
44
lieing
45
marriages
masters, servants
military affairs
oaths
19-15
47
49-55
66-70
officers and offices
55
order to put same in force...
1674
107
overseers
55
orphans
56
payments
56
pipe staves
'possession
56
57
precedents
70
public affairs
packers, cask and cooper gauger.
pounds
prisons and stocks
58
58
•
59
59
public charges
59
records
sales
sheriff
townships
votes
•
warrants
weights and measures.
62
62
63
63
64
SN NXX ⇓ & F
66
64
1054
INDEX.
Duke of York's laws (Continued):
witnesses
wolves
wrecks
Duke's county:
erection
boundaries
Dutchess county:
erection
boundaries
YEAR.
PAGE.
65, 71
65
66
1683
122
1691 268
1683 122
1691 268
act to raise men in, for defense of Albany..
power to elect a supervisor, treasurer, assessors and col-
lectors
1692
286
•
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:
revocation
•
100
1673
101
restoration
Duties. (See Taxes.)
Eastchester:
declared a distinct parish.
Embezzlements:
act for preventing..
E.
1700
440
1699
409
Estates:
law for quieting
for supervising intestates'.
1684
154
1692
300
Excise. (See Liquors.)
Executions:
regulation of.....
1683
134
law to prevent, superseding executions.
1684
162
F.
Fairs:
act providing for
Fees:
1692 296-9
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
638
INDEX.
1055
Fences:
law concerning
YEAR.
PAGE.
1684 152
towns may regulate.
1691 225
in Ulster county....
1701 451
act regulating inner, in Albany county.
1706
605
·
regulating
1714
832
to regulate ferry between New York and Long Island;
charges fixed
1717
925
Firewood:
law for cording
Flatbush:
court of sessions removed to....
1684
164
1685
.176
Forfeitures:
act against unreasonable...
1694
326
Forgery:
law to prevent
act against forging foreign coin.
revived
partly repealed
1684
148
• •
1702 521
1708
621
1710 713
•
Fortifications:
act to protect
1711 745
(See Albany; Schenectady, etc.)
Foxes:
act for destruction of, in Westchester county.
Frauds:
for destruction of
act to prevent, in conveyances
preventing
Freeholders:
grants, rights, confirmed
Frontiers:
defense of. (See Albany; Taxes.)
1716 893
1717
931
1683 141
1699
409
1691 224
Game:
protection of .
partly repealed
Government:
•
bill defraying charges
Governor:
presents to
•
present to
allowance to
G.
1708 618
1713 781
1683
116
1683
137
1684 165
1692
308
1056
INDEX.
Grants:
first to Duke of York
second to Duke of York
Gravesend:
removal of court of sessions
Guardians:
when chosen
H.
YEAR.
PAGE.
1664
1
1674
104
1685
176
1684
145
Hawkers. (See Peddlers.)
Haverstraw:
act to enable, to elect town officers...
Hides:
1719 1033
act to prevent exportation of raw..
Highways:
towns may regulate
repair of, in Ulster county
act for laying out and maintaining
supplemental act
continued
explained
•
supplemental act
1717
991
.. 1691
225
1701 471
1703 532
1704 573
1705 587
1708 632
1713 795
1719 1024
supplemental act
for keeping in repair the post road from New York
to Kings Bridge
1313
792
Horses:
act to prevent small stallions running at large.. . . .
1718
996
I.
Immorality:
act suppressing
1708
617
Indian:
purchase of lands of
1684
149
act for better securing the fidelity of the five nations.... 1700
432
repealed, November 2d
1700
444
•
providing for fort, for security of five nations.
1700
444
to require persons to pay arrears of tax for.
1703 557
explained
1704 571
raising sum for present to five nations
to prevent sale of liquors to, in Albany county
revived
revived
1708 607
•
1709 657
1709 685
1711 740
INDEX.
1057
Indians -- (Continued):
act to prevent sale of liquor to, in Albany county.
revived
revived
appropriating money for presents to the five nations, 1714
to encourage trade with
revived
YEAR.
PAGE.
1711
751
1712
755
814
1714
828
1717 917
1716
888
to prevent sale or gift of liquor to
to erect houses for accommodation of, at Albany.... 1716 890
Instructions:
Dongan's
Andros'
Interest:
usury act
partly repealed
Intestates:
estates of, law for supervising
Islip:
act to enable, to elect assessors, etc...
J.
1686 178
1688 217
1717 909
1718 10041
1692
300
1710
722
Jacob Leisler:
regulating damages in disorder under rule of.....
repealed
1691
262
1699 386
act for paying debts incurred during revolution of
1702 479
Jails:
justices of the peace authorized to build and repair……………. 1719
1719 1025
Jesuits:
act against
1700 428
Judges:
annual salary for
1684 167
Judgments:
law to prevent arrests of
of court of assizes, confirmed
1684
162
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 156
jurisdiction
1691 227
133
1058
INDEX.
Justices of peace
jurisdiction
G
(Continued):
YEAR.
PAGE.
1693
303
may nominate assessors and collectors, in case of death..
authorized to build and repair jails and courthouses.....
1709 677
1719 1025
Kings Bridge:
tolls on
Kings county:
K.
1713
782
erection
boundaries
act that collectors pay over money to county treasurer...
for destruction of foxes and wild cats
Kingstown:
1683
122
1691
268
1712 772
1717 931
act for regulating elections of trustees and magistrates.. 1702 488
L.
Laborers:
law concerning
Lampblack:
1684 157
granting monopoly of manufacture of, to John Parmiter.. 1712 755
revived
Lands:
frauds in conveyances
at what age may be conveyed...
purchase from Indians
1717 995
1683
141
1684
145
1684 149
act vacating and annulling several extravagant grants... 1699 412
repealed
•
partition of, held in joint-tenancy or in common.
1702
524
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
393
INDEX.
1059
Lime:
act prohibiting manufacture of, within city of New York,
or within one-half mile of city hall
Linseed oil:
act to enable Lanser to manufacture.
Liquors:
duties on, excise of, fixed....
YEAR.
PAGE.
1703
538
1694
339
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
•
continued
•
1710
708
1711 735
•
continued
continued
laying an excise on
relative to
commissioners appointed to let to farm the excise on....
act to prevent sale or gift of, to Indians
nominating commissioners to farm the excise of.
for letting to farm the excise of, for five years…….
duty on importation, see Taxes and the several acts for
1710
785
1713 789
1713 801
1714
835
1715 872
1716 888
1716 901
1717
931
raising revenue thereunder.
Long Island:
change of name to "Island of Nassau
ferry to New York, act to regulate.
Magistrates:
election of, in New York
M.
1693
321
1717
925
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
296
1060
INDEX.
Marriages:
law concerning
Masters:
law concerning
Mayors' courts:
jurisdiction
Measures:
established
Meeting-houses:
YEAR.
PAGE.
1684
150
1684 157
1692 . 305
1703
554
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 all former acts....
act supplemental
1702 500
1703
546
revived
1706 -591
•
revived and amended
1708
611
revived
revived and amended
revived
revived
revived
revived
revived
revived
1709 675
1710
706
1711
745,
1712
778
1713
781
1715
868
1716 887
1717
917
revived
1718 1001
Minister:
in New York, act for maintenance.
Ministry:
act for settling and maintaining
Money:
explained
...
act against counterfeiting
revived
partly repealed
to prevent corruption of current coin.
Mortgages:
exportation of coin
a law concerning former [Dutch]..
Mutiny:
act to prevent
1703
543
1693 328
1705
576
1702
521
1708 621
1710 714
•
1708 620
1709
678
1684
169
1700
434
INDEX.
1061
N.
Names of persons:
Adolph, Angenite
Adolph, Dirk
Aertsen, Gerret
Aertsen, Jacob..
Allen, John
Allison, Thomas
Anderson, Edward
PAGE.
993
951
459
459, 485,
535
1040
967
948
Anderson, Joshua
Anderson, William
Andriese, Lammert
966
534,
768
975
Asfordby, William
Andriese, ffemmetie
Andriese, Enoch
Andrise, Nicholas.
Andros..
Anmot, John
Archer, John
Ate, Hendrik
Atkins, William
Atwood, William..
Babington, Samuel.
Bagley, Timothy.
Baily, John
968
970
977
106, 107, 216,
217
970
138
•
138
964
970
•
469, 486,
487
•
756,
966
756
257,
384
Baily, Oliver
Baker, John
976
970
Balgge, Edward.
Bancker, Evert...
Barberie, John..
•
978
413,
535
•
518, 526, 548, 960, 983, 986,
993
Barns, Catharina
Barneson, Cornelius
Bartlet, Isaiah
Barton, Noah
963
•
376
971
965
Barton, Elisha
965
Barton, Roger
Bastide, Joseph
Baunt, Peter
971
974
993
Baxter, Thomas
485
Baxter, Captain
Bayard, Jacobus
•
368
953
1062
INDEX.
Names of persons -- (Continued):
Bayard, Nicholas...
Bayard, Samuel
PAGE.
186, 413, 531, 590,
702
181
Bayeux, Thomas
•
913
Bayly, Timothy
Bayly, Nathaniel
Baakeman, William
Beckengove, Stephen
Beeckman, Samuel
Beekman, Adrian
•
Beekman, Gerrardus.
Beekman, Henry.
Beekman, Johannes
966
966
•
187
979
978
630
•·
257, 384, 485, 628, 775, 883,
960
460, 969,
1008
955
Beekman, Tedeus
1034
Beekman, William
•
Bellomont, Countess of...
Bellomont, Earl of.
138
986
396
Bennet, John
Berian, John
Berry, Cornelius J……
Bickley, Major
Billup, John
756,
966
485
138
959
534
•
Bishop, Thomas
Blackhal, Alexander
Blagg, Benjamin
965
756
257,
384
Blank, Nicholas
257,
384
Blauvelt, Isaac
796
Bleecker, Jan Janse.
202,
947
Bleecker, Ruth
485
Bleeker, Johannes
449, 485,
957
Bleeker, Rutger
947
Blood, Andrew
Blood, Edmund
Blovelt, Johannes
Blycker, John Jansen.
966
756
535
138
Boel, Henricus
999
Boel, Tobias
Bodyn, Mary, widow.
Bogardus, Peter
Bogardus, Schibolett
Bogardus, William
999
981
•
463
950,
953
•
1036
Boogh, Solomon
965
INDEX.
1063
Names of persons
Bosch, Justice
-
(Continued):
Boss, John Peterse
Borgaert, Coenraet
Bogaert, Nicolas
Bogart, Peter ..
•
•
Bogart, Willempie U.
•
PAGE.
956
977
949
974
962,
974
1007
Bowne, Andrew
187
Bradock, John
955
Bradford, William.
•
588, 630, 699, 883, 949, 955,
987
Braisier, Abraham
257,
384
Brasier, Abraham, widow..
I
976,
977
Brasier, Henry
768
Bratt, John
Bratt, Mary
771
771
Brestede, Simon
Broadhead, Charles
Bront, Daniel Hendrickse
Breeste, Symon
Brodhurst, Jonathan
Bries, Mary
Broeck, Wesselten
Brockhost, Major
•
Bronck, John
Brunk, John
•
963
• · •
•
982, 1008
975
•
951
971
948
138
368
796
535
Buckhout, Mattys
Buckhurst, Philip
768
756
Budd, Joseph
Burger, Gerrit
•
Burger, Elizabeth
Burger, Johannes
Burger, Mary
835, 902,
990
968
967
630,
962
964
Burrows, Edward
534
Burnit, Thomas.
756
Busch, Johannes
Burt, Samuel
Bussey, Robert
Byerly, Thomas
Byrank, Evert
•
•
Cambors, Thomas
Canon, John
Cannon, Andrew
796
392
968
665,
960
485
138
982
265
1064
INDEX.
Names of persons-(Continued):
Caron, Nicolas
Cassow, Jacob
PAGE.
999
969
Catt, Cornelius
974
•
Chambers, Thomas
Chambers, William
Champanty, John
•
Chapman, Richard.
Churchill, Anna
Churchill, William..
971
630,
953
488, 881,
897
957
•
963,
975
257, 384, 685,
841
Claessen, Lawrence.
470, 488,
700
Clarke, George
Clark, Thomas
Clements, J.
Clock, Martin
Clopper, Naltie
Clute, John
Cock, David
•
Cock, Johannes
Cockeveer, John
960, 985,
986
368
265,
796
1036
870
•
973
964
535,
964
963
Codrington, Thomas
265,
929
Codwise, John C.
949
Codwise, Margaret E.
949
Coe, John
257, 384,
485
Coel, Cornelius
1008
Coeman, Andries
978
Coertlandt, Johannes
Coerten, Henry
Coerten, Minardt
Cooker, Catharina
Coesaert, David
961
976
257,
384
954
968
Cole, Edward
951
Cole, Elizabeth
Colve
Congraves, Captain
951
102
950
Cooper, Caleb
•
Cooper, Christian
Cooper, Helena
Cooper, John
911
873
685,
951
796
Corbett, Abraham
187
Corbett, John
Corbett, Mary
836, 902,
911
911
INDEX.
1065
Names of persons-(Continued):
Cornbury, Edward
Cornel, Cornelius
Cornell, Peter
Cornelise, Jacobus
Cornwall, Rich
Corsen, Cornelius
Corsen, Jacob
Cortlandt, Stephenus
Cortilleau, Peter
Cortillian, Jacquis
Coyeman, Andries
Crannell, Robert
Crego, Richard
•
Crego, Sarah
Crook, John
Cross, Anna
Cruger, John
Cure, John
Cowenhoven, Jacob
Cuyler, Henry
Cuyler, John
•
Cuyper, Cornelius
•
Cuyper, John
Daniels, Annetie
Daniels, John
Danielse, David
Darkins, Robert
Davenport, Mary
David, John
Davis, Edward
Daykinck, Gerritt
D'Boogh, Gerrit
De Bruyne, John
Decker, Eva
De Graw, Willem
•
PAGE.
508,
628
976
974
979
376
138
485
368
534
265
952,
989
883, 954,
957
869
869
953
979
770, 819, 822, 835, 853, 902, 942,
1020
968,
984
975
918
600, 629, 686, 689, 699, 703,
974
990
485
951
956
969
596
1028
526
968
1
1036
967
187
971
964
984
999
•
955
187
839
976
De Honeur, John
De Casserez, Abraham
Decay, Hilligond
Decay, Teunisse
•
De Graeuw, Garret
Dekey, Helena
134
1066
INDEX.
Names of persons — (Continued):
Dekey, Jacobus
PAGE.
874
D'Key, Teunis
869
D'Lagranzie, Johannes
D'Lagranzie, Omie
947
947,
954
D'Lamatre, Isaac
·
De Lancey, Stephen
Dellius, Godfrey
975
518, 548, 955
•
413
Delavall, John
187
D'Groot, John
982
Delancy, Peter
187
Denham, Isaak
969
Demeyer, Nicholas
187
D'Milt, Peter
981
De Myer, William
460
De Pew, John
951,
974
Depeister, Abraham...... 187, 486, 596, 599, 624, 629, 654, 953,
960
986,
989
D'Peyster Anna
958
D'Peyster, Cornelis
971
DePeyster, John
654, 695, 698, 727,
744
D'Reimer, Isaak
958
d'Warham, Eliz.
970
d'Warham, Mary
De Witt, Boudewyn
de Voor, Daniel
970
485
964
Dewsbury, John
Dingman, Jacob
Dirkse, Takel
Disborough, Eliz.
Dixon, James
Drake, John
588
955
979
970
984
•
265
Drake, Joseph
Droillet, Paul .
Du Bois, Jacobus
Doughty, William
Duchain, Jeronimus
535,
796
526,
902
1008
976
974
Duck, Manuell Gantalis
•
970
Dunbar, James
756
Dunbar. John
981
Dury, Joost
Duxbury, Elias
974
265
INDEX.
1067
Names of persons - (Continued):
Duyking, Mary, widow
Dyer, John
PAGE
978
948,
968
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
Elten, Cornelius
Enwoutse, John
Evano, John, Capt.
Evans, John
Evans, Thomas
Faneuil, Benjamin
Fanevill, Benjamin
Fauconnier, Peter
Feurt, Barth
Fielding, Deborah
978
1009
977
414
•
414
967
•
913
993
628,
983
•
630
952
Fielding, Nicolas
952
ffisher, Elizabeth
Fletcher, Col...
Fordham, Joseph
fforeest, Elizabeth
ffortune, Jacob
974
412,
524
138
973
•
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
ffyn, Anna
954
971
Gansell, John
969
Garlands, Thomas
756
1068
INDEX.
Names of persons — (Continued):
Garton, Anna
Garton, Thomas
Gasbeeck, Abraham
Gee, Abraham
PAGE.
982
265, 1008
989
756
796
Gerretsen, Adrian
Gerritse, Adrian
Gerritse, Engeltie
Gerritse, Leger
Gerritse, Luycass
Gerritse, Sam'll
Gibb, Andrew
Gilbert, Cornelia
Glen, Johannes S.
Godfrey, John
Goederis, Rebecca
Goes, Jan
Goes, Jan Tyse
202, 791, 979, 1008
964
973
978
990
835
961
796
363
967
982
982
Goes, Mathys
980
Gold, Nathan
1040
Goritz, Martin
138,
265
Governeure, Abraham..
257, 384, 431, 442, 461,
980
Governeur, Isaac
984
Graham, James
187
Gray, Augustus
Greceraet, Sarah
Groundman, Martin
Guelick, Peter
Guelick, Samuel
526
979
756
948
948
Haith, John
796
Hall, James
Hallitt, William
756
Halenbeeck, Jan Casperse
979
265
Hanse, Hendrick
Hanse, John, children.
Hanse, Joris
952,
978.
977
976
Hansen, Carel
Hansen, Hendrick.
Hanson, Michael
•
Hardenbergh, Japie
Hardenbergh, Johannes
Hardenbrock, Johannes
989
•
449, 485, 601, 624, 728, 789, 870,
991
257,
384
975
·
836,
902
491
INDEX.
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, Cornelius
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, Volkert.
•
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
138
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
990
1070
INDEX
Names of persons — (Continued):
Hogan, William
•
Hoogland, Adrian
Hollandt, Henry
Hooglandt, Johannes
Holeron, John
Holst, Albertus
Hopkins, William
Howell, Theophilus
Hudson, Robt
•
Humphreys, Tho
Hunt, John
Hunter, Robt., Governor.
Hutchins, John...
Hybon, Barent
•
Ingoldesby, Richard, Col..
Ives, Thomas
Jackson, Anna
Jackson, John
•
Jacobse, Cornelis
Jacobse, Peter
Jamain, Nicholas
Jamison, David
Janse, Hendrick
Janse, Johannes
Janse, Lambert
Jansen, Evert
Jansen, Hendrick
Jansen, John
Jansen, Johannes.
Jarroẹt, Allane
Jea, Abraham
Johnse, Johannes
Johnson, John
Johnstone, John
Johnston, John
Jones, Daniel
Jones, William
Joost, John
Jordam, Elizabeth
Juyans, John
Keny, Alexander
•
PAGE.
965,
982
983
952
950
981
971
971
485
902
970
265
750, 753, 761, 896,
959
531, 564,
590
950
684,
958
630
964,
977
138, 534,
796
980
977
951
518,
548
982
958
973
950
257, 384,
974
949
.695, 902, 923, 942, 949, 962,
991
983
966
959
985
960
918
968
104.1
138
958
138
966
INDEX.
1071
Names of persons (Continued):
Kettletas, Abraham
Kettletas, Gerritt
Keyserick, Reymer
Kierson, John
Kip, Abraham
Kip, Hendriçus
Kip, Jacob
Kip, Johannes
Kirten, William
Kitchiner, Richard
Knight, Jatu
•
Kool, Jacob
Kuyper, Cornelius
Lakeman, Abraham
Lakerman, Abraham
Lammerse, Cornelius
Langestrandt, Johs
Langevelt, Cornelius
Lanser, Isaac
Lansing, John
•
La Roach, Thomas
Larsillore, Nicolas
Laqueer, Johannes
Lassing, Catrina
Lawrence, Abraham
Lawrence, Elizabeth, widow
Lawrence, Jacob
•
Lawrence, John
Lawrence, John
Lawrence, William
Leacock, Robt
Legg, William
Leisler, Jacob
Lespinard, Abeltie
Levy, Moses
Levy, Samuel
Lewis, David
Lewis, Leend't
•
•
Lewis, Leonard
Lewis, Thomas
Lispinard, Anthony
•
PAGE
970
970
974
975
948
972
959, 962, 980,
990
187
1001
756,
966
187
963
973
265, 836
990
1008
969
979
339
202
993
974
973
979
965
976
965
138
485, 965
257, 384,
976
257,
384
265
257,
384
977,
978
918
918
965
836, 949,
950
431, 442, 461, 902, 923, 974,
989
1036
954
1072
INDEX.
Names of persons — (Continued):
Livingston, Gilbert
Livingston, Philip
PAGE.
931
902
Livingstone, Philip
835
Livingston, Robert
202, 206, 461, 535, 687, 957, 982,
989
Livingston, Robert, Jr
962
Loats, John
*969
Loo, Matthew
Lott, Engelbert
Lovelace, Lady
Low, Matthew
Lowrier, Belitie
Lowrier, Mihiel .
Loyd, Thomas
Loysen, Peter
Ludlow, Gabriel
966
973
697,
949
756
956
956
360
969
677, 685, 841, 883, 960
Lukas, John
Lurting, Robt.
967
•
596, 630, 655, 695, 698, 727, 744, 819, 822,
876
Luykasse, Claes
978
Luykasse, Peter
968
Lydecker, Neltie
979
Lyell, David
Mack Donnell, John
Manning, Nicholaus
Mapes, Thomas
Marius, Peter
984
971
•
534
138
265
Marston, Johannes
981
Marshall, Jarvis
187
Marten, Raloffe
138
Martin, Hannah
873
Matchcraft, Mary
Matthews, Peter
Mathews, William
•
Maurize, Jacob
Mayer, Peter
Mayson, Johannes
Mebie, Casparis
Mennen, Albert
Merrit, Edward
974
951
756
257, 384, 979, 1001
978
981
973
796
967
Merrit, Jennie
Merrit, William
958
414
Metzeker, Abram
491, 964
INDEX.
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
Moris, 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
135
1074
INDEX.
Names of persons -- (Continued):
Nys, Johannes
Ogden, Susannah
Onkelbagh, Gerrit
Oosterhout, 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
Phenix, Alexander
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
95f
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
974
Phenix, 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, Cornelius
Polam, Cornelis
Post, Cornelius..
Post, William
•
INDEX.
1075
Names of persons (Continued):
Pouillon, Jaques
•
PAGE.
485
Pouton, Richard
Pretty, Richard
•
257,
384
202, 257,
38-1
Provoost, Abraham
983
Provoost, David...... 431, 442, 461, 596, 770, 819, 822, 853, 942,
959
962, 977, 991,
1020
Provoost, Johannes
257,
384
•
Provoost, Samuel
940,
959
Pruyn, ffrans
•
Quackenbose, Peter
Ray, Richard
Read, John
Reade, John
•
· •
Realomont, Jacob
Reed, Lawrence
Rees, Johannes
Remsen, Daniel
978
948
984
1020
853
965
•
•
265, 596, 654,
698
970
982
Renslaer, Henry
596,
600
Reynders, Barent .
491,
596
Reyserick, Renyier
962
Richards, Samuel
Richardson, William
Riddenhaes, Abel
Rieiner, Isaak D.
Riggs, John
•
Ringo, Albertus
Roberson, J.
999
138
971
953
952
977
265
Robert, Daniel
Roberts, Thomas
992
•
630
Robinson, Cornelius
Robinson, John
Robinson, John and Margaret
Robinson, Joseph
375
187
•
375
•
965
Romen, Peter
Rosevelt, John
963
752
Rosevelt, Nicolas
983
Rosie, Jean
978
Rosie, John
Rust, Nicolas
Rutgers, Harmanus
Rutsen, Jacob ...
368
982
949
791, 949,
989
1076
INDEX.
Names of persons--(Continued):
PAGE.
Rutsen, Johannis
836,
902
Ryckman, Albert
Ryerse, George
Ryersen, Gerrit
Salm, Elizabeth
Salomon, Jacob
Sandors, Jacob
•
•
Schepmoes, Dirck
Schepmoes, Johannes
202, 265,
978
982
265
973
970
138
460
1008
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
Schuyler, Phillip
Schuyler, Major
Sebring, Cornelius
Sellick, Jonathan
Sells, William
Shadwell, John
Sharp, Cesar
•
Sharpass, William
Shepherd, Ruth
Sherlock, Thomas
Sherman, Daniel
Shoemaker, Egbert
Sickells, Zacharias
Skillman, Thomas
·
Shunemans, Herman
Shurmans, ffrederik
Shute, John, Children
Sickells, Lammert
202, 265, 370, 761, 949, 950, 959, 960,
961
770, 835,
981
368
431, 442, 461,
990
1010
•
630
265
952
959
984
966
1040
796
971
•
968
•
981
963
•
969
•
967
Skoute, John
•
950
Skoute, Sarah
Slingerlandt, Cornelis
Sloss, John
•
950
948
873
Sloughter, Henry
221
Sluyck, Antie, Widow
970
Smith, George
873
INDEX.
1077
Names of persons
Smith, Joseph
(Continued):
•
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, Cornelius
•
PAGE.
257,
384
265
962
138
963
181, 1041
974
948
965
202, 257, 384,
463
•
257, 384,
486
810
138
630
796,
976
265,
976
534,
796
138
Stokes, Elizabeth
956
Stoaks, William
Stillwell, John
Stillwell, Nicolas
Stillwell, Richard
Stoll, Joast
967
990
265
.. 138, 835,
902
257,
384
Story, Robt
•
Stuckey, Andrew
Suedker, Isaac
360
984
973
Suydman, Henry
975
Swartwout, Anthony
257, 384,
971
Swartwout, Bernardus
Swartwout, Roeloff
Swartwout, Thomas
Sweam, Barent
980
}
257, 384, 980,
1008
459,
980
974
Swinton, Isaac
202
•
1
Symense, ffrederick
Symons, Gerrit
Symonse, Johannes
Symonse, Volkert
Syms, Lancaster
Tarbus, Johannus
Tell, Anna, widow
974
956
965
981
630,
956
•
535
977
1078
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
Tennisen, Dennis
Tennissen, John
Terbosh, Johannes
Tenyed, Matthias
Theale, Joseph
Theobalds, John
•
Thomas, Sophia
Thomasse, Johs
Thompson, Gabriel
Thoorn, John
Thong, Walter
Tibout, Johannes
•
•
PAGE.
976
981
265
601
980
. 911
966
950
981,
1008
265
265
950,
990
265
265
956
971
970
971
961
983*
963
Titus, Teunis
•
969,
974
Titworst, William
Tothill, Jane
•
Townsend, Thomas
Toy, Daniel
Treat, Robert
Trevis, Phillip
Tudor, Mary
975
954
138
954, 979,
980
1040
962
961
Turtle, John
Tyse, William
•
Van Ale, Johannes
Van Ale, Lawrence
534
968
979
202
Van Ale, William
961
Van Arnhem, Sarah
Van Bleerkum, Johannes
Van Borsum, Wybrugh
963
971
958
Van Brugh, Johannes
Van Brugh, Peter
187
449, 600, 703, 728, 789, 796,
870
Van Boskerk, Thomas
969
Van Bounnell, Susannah
959
INDEX.
1079
X
Names of persons -- (Continued):
PAGE.
Van Brunt, Cornelius
Van Brunt, Joost
Van Cleek, Barent
Van Cleif, Geesie
Van Cliffe, Deirk
485,
975
796,
975
796
870
768
Van Clifft, Baltus
535
Van Cortland, Jacobus
265
Van Cortlandt, Stephen
949
Van Cowenhoven, John Gerritse
975
Van Dam, Rip ..
431, 442, 461, 518, 548, 952, 960, 983,
985
Van den Bergh, Hubert
967
Van der Heul, John
752
van der Hoeven, Cornelis
Vander Lyn, Pieter
van derPool, 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
•
959
1034
976
970
963
969
977
977
971
983
•
534, 796,
975
961
•
969
Van Dyck, Jacobus
Van Dyck, Mary
951
971
Van Dyck, Orseltie
973
Van Dyck, Tiek
970
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
•
138
491
•
491
491
491
990
963
629
984
•
491
951
969
1080
INDEX.
Names of persons- (Continued):
Van Noordstrant, Jacob
Van Ransslaer, Killian...
Van Rollegum, Catherina
Van Schaick, Anthony
ᏢᎪᏳᎬ .
491
370, 535, 655, 699, 796, 895, 952,
961
980
952
Van Schaick, Levinus
Van Schoenhoeven, Jacobus
Van Shyven, Iba
Van Slyck, Cornelis
Van Slyke, Harmanus
202,
961
950
*964
950
955
Van Veurden, Hendrick
Van Taerlingh, Jan
Van Tienhoeven, Susannah
Van Tillbrugh, Peter
Van Tuyl, Otto
Van Vorst, Jellis
Van Woghum, Peter
Van Zant, Johannes
Veighte, Hendrick
Verbrakel, Gerrit
Verdon, Jacob
Vermillion, J
Verplank, Isaac
•
Viele, Catharina
1034
967
629
• •
949
980
956
947
1007
485
956
975
257,
381
202
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
Waldron, Lammert
Waldron, Sam'll
Waldron, William
Walters, John
Walters, Robt..
Watts, Robert
Webber, Wolfert
Webley, Walter
Weekes, John
Wells, Phillip
•
491
975
967
920
699
·
•
486, 596, 630, 654, 695, 698, 727, 744, 819,
822
853, 942, 960, 985,
1020
770
187
138
485
138, 1040
INDEX.
1081
Names of persons -- (Continued):
Weemes, Coll. James
Wendall, Abraham
Wendall, Johannes
Wendell, Phillip
Wenham, Thomas
•
•
•
PAGE.
958
770, 958,
978
202
977
476, 518, 548, 628,
630
Wessels, Dirick
202, 370, 535, 655, 699, 895, 947,
982
Wessells, ffrans
957
Wessels, Dirk, widow of
961
Wessellet, Major
West, John
Westphael, Simon
Whitebeeck, Johannes
Whitebeeck, Volkert
368
187,
190
971
980
980
White, John
947
•
Whitehead, Daniel
Whitehead, Jonathan..
729
729, 957,
976
Whitehead, Thomas
Wickham, Joseph
Wileman, Henry
729,
995
796
959,
962
Willemse, Johannes
981
Willemse, Peter
981
Willet, Cornelius
961
Willet, Capt. Rd
596
Willett, Capt. Thomas
•
957, 976,
990
Willet, William
990
Williams, George
968
Williams, Thomas
257, 384,
485
Williams, Thomas
902,
965
Wilkinson, William
•
Willse, Marte
Willson, Ebenezer
Wilson, Ebenezer
Wynantse, Melgert
Wyncoop, Evert
Wyncoop, Johannis
Wynne, ffrans
Wyngart, Nicolas
Woertman, Teunis
Wood, Susanna
Wouterse, Gerrit
Wright, Sarah
•
•
756,
966
975
392
976
•
202
981
460
979
979
969
963,
975
968
965
136
1082
INDEX.
}
Names of persons
Ydeson, Teunis
(Continued):
Young, Benjamin
Youngs, John
Naturalization:
act for
•
•
YEAR.
PAGE.
982
796
1040
1683
123
of Protestants of foreign birth.
1715 858
naturalizing certain persons
special act
1718
999
1719 1034
Navigation:
law for encouragement
act for encouragement
Negroes. (See Slaves; Taxes.)
New York:
Dongan's charter
buildings, streets, lanes, wharves, etc., in.
jurisdiction of mayors' courts.
ministry in, act for settling
explained
•
act to enable, to relieve poor...
1684 165
1715 866
1686 181
1691
269
1692 305
1693 328
1705 576
1695
348
1699
425
1701 449
to pay debts, erect public buildings, etc.
·
taxes and duties in
act declaring and explaining liberties of, in relation to the
election 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.
establishment of grammar free schools.
1702
515
•
1702
516
• •
act to enable French Protestants to build larger church in, 1703
prohibiting distilling of rum or manufacture of lime
526
within one-half mile of city hall.
for maintenance of minister in.
Church of England in, relative to
1703
538
1703 543
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
ferry to Long Island, act to regulate
1717
907
•
1717
925
•
(See New York county.)
INDEX.
1083
New York county:
erection
boundaries
Nicolls:
YEAR.
PAGE.
1683
121
1691
268
proclamation revoking Dutch government..
1665
100
0.
Oil:
act to encourage the making of linseed oil.
1712 752
Orange county:
erection
boundaries
1683
122
1691
268
act to compel owners of unimproved land to pay taxes.. 1701 473
to determine bounds of....
1709
686
for destroying wolves in.
1715 878
to enable Haverstraw to elect town officers.
1719 1033
}
Orphans:
law concerning
Oysters:
act for preserving
•
1
P.
1684 154
1715
845
Pardon:
of persons active in disorders
act indemnifying certain person excepted from pardon
of 1691
Partition:
of lands held in joint tenancy or in common..
continued
•
revived and amended
Peddlers:
act for licensing
Perjury:
revived
act to prevent
Pilotage:
1
act settling
establishing
1691 255
1699 384
1708
633
.... 1715
882
1718 1006
1714 805
1718
999
1683 129
1694
324
1718 1001
1084
INDEX.
Pirates:
act to punish
for punishing
•
Poor:
act for maintenance
for maintenance
repealed in part
explained and amended
•
relief of, in New York
act for more effectual maintenance.
better support of, in New York city....
Porpoises:
YEAR.
PAGE.
1692
279
1699
389
1683
131
1691
237
1701
456
•
1703
539
1695
348
1701
456
1702 507
monopoly of fishery of, granted to De Graeuw...
1714
839
Post-office:
law encouraging
continued
continued
continued
continued
•
1692
293
1695
346
1699
410
1702
525
•
1705
580
1708
612
act for encouragement
Priests:
popish, act against
Privateers:
act to restrain
to restrain
Proceedings:
in law, act to regulate
judicial, act continuing
•
f
1700
428
. 1692
279
1699
389
1684 144
1702 522
Process:
act continuing
1702
522
Proclamation:
Nicolls, revoking Dutch government
of Andros
1665
100
1674
107
Province:
division into counties
1683 121
Provisions:
act relative to transportation of
1709
637
Public charges:
act for defraying
1683 131
INDEX.
1085
Queens county:
erection
boundaries
act for settling ministry in..
Q.
explained ...
to prevent damages by swine
•
revived
YEAR.
1683
PAGE.
122
1691 268
1693 328
1705
576
1708
616
1714
811
to enable supervisors to repair or rebuild a county hall
and jail
for destruction of foxes and wild cats...
1708 621
1717 931
to prevent rams running at large in Hempstead...... 1719 1029
R.
Rams:
act to prevent running at large in Queens county.
Real estate:
law for quieting title
(See Lands.)
Renslaerwick, Manor of:
act for defraying expenses of
to defray necessary charge.
Representatives:
allowance
allowance
act regulating elections of
repealed
elections of
•
allowance to
number increased
Revenue laws. (See Taxes.)
Richmond county:
erection
boundaries
act for settling ministry in
1719 1029
1684
154
1705 584
•
1706
603
1
explained
to compel owners of unimproved land to pay taxes..
for building county jail and county house in.....
to prevent damages by swine
revived
•
for collecting arrears of taxes.
highways in
1683
121
1691
239
1699 405
1702 524
1701 452
1701
466
1702
478
1683
122
1691
268
1693 328
1705
576
1701 473
1704
573
1708 616
1714 *811
1714 809
1719 1024
1086
INDEX.
Rights and privileges:
what are
Rivers:
casting ballast in
Roads.
(See Highways.)
Roman Catholics:
act against priests and Jesuits
YEAR.
PAGE.
1691 244
1684 167
.... 1700 428
Rum:
66
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
Sabbath. (See Sunday.)
Schenectady:
act for repairing fort at
S.
to furnish town guard with firewood, and to repair guard-
1701 474
houses and gates
1706
601
•
•
act for repairing fortifications at
appropriation for defense of
1710
717
•
1711
750
act for better repairing fortifications.
for repairing fortifications
1712
773
•
1715 879
for allowance to representatives of.
for allowance to representatives of...
for raising sixty ounces of plate for.
Schools:
establishment of grammar, in New York city.....
1717 921
•
1718
997
1719 1032
•
1702
516
Seamen:
act for encouragement and protection..
encouraging
revived
restricting the granting of credit to, by tavern-
keepers, etc
Servants:
fugitives, law relating to
daw concerning
Settlement:
act of
•
1695
345
1700
438
1709 680
•
1715 866
1684 147
1684 157
1683 136
INDEX.
1087
Sessions:
court of, law for executing the judgment of.
altering time of, in Westchester
removal from Gravesend to Flatbush
establishment and jurisdiction
jurisdiction
Sheep:
act encouraging return of, to owners.
Slaves:
law concerning
duties levied on
act regulating
revived and continued
revived
to prevent running away of, from Albany.
revived
to encourage baptizing of
not to be witnesses
act to prevent conspiracies of
duties on the importation of
•
YEAR.
PAGE.
1684 163
1684 169
1685
176
1691 227
1692
301
1718 100%
1684
157
1
1702
481
1702 519
1705 588
1719 1023
1705 582
•
•
1715
880
1706
597
1706 598
1708
631
1709
675
•
1709
68-4
1710
714
•
1711
736
relative to
continued and amended
•
amended
act for preventing and punishing conspiracy and insurrec-
tion of
1712
761
explained
1717 922
duties on
1714 803
not to sell oysters
1715 845
duty on
•
relative to duties on.
(For duty on importation, see Taxes, and the several acts
for raising revenue thereunder.),
#
1716
899
1718 1012
Soldiers:
act to prevent desertions
to prevent desertions
South Carolina:
act relieving inhabitants from import duties for six
months
Specialties:
assignments
Staten Island:
erection of batteries on.
1699 417
1700 435
1715 884
1684
153
... 1703
550
!
1088
INDEX
Stallions:
act to prevent small, running at large, and to geld all
YEAR.
horses undersized
Suffolk county:
erection
boundaries
•
act to enable Islip to elect two assessors, collector, con-
Suits:
stable and supervisor
•
for raising arrears due to forces raised for expedition
against Canada
for destruction of foxes and wild cats..
act preventing vexatious, arising from Leisler's adminis-
tration
repealed
Sunday:
law against breaking
act against profanation of.
Supreme Court:
establishment and jurisdiction
jurisdiction, terms, etc
Swearing:
law prohibiting
an act to ease persons that are scrupulous
Swine:
act to prevent damages by
law concerning
act to prevent damages by, in Westchester, Queens and
Taxes:
Richmond counties :
revived
T.
PAGE.
1718 996
1683 122
1691
268
1710
722
1712 753
1717 931
1699 393
1702
'524
1685
173
1695
356
1691
229
1692
306
1685
174
1691
257
1683
134
1685 177
1708 616
1714 811
law imposing
·
laws of 1690, Leisler's assembly
for support of poor
act explained
1684 170
1690 218
1691 237
1703 539
law raising 2,000 pounds for maintaining 100 fusileers.... 1691 239
necessary charges in Albany
law of 1691.....
certain, to be paid over to Governor.
1691 243
1691 248
1691 253
INDEX.
1089
Taxes
(Continued):
law of 1692 for defraying necessary charges.
continued
continued and amended
continued
for allowance to Governor
•
act for paying debts of government
continued
YEAR.
PAGE.
1692 287
1693
325
1699 419
1702 517
1692 308
1692 312
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.
for raising 100 men for defense.
• •
for raising a yearly rate to pay collectors.
raising fund for allowances to Governor and Lieu-
tenant-Governor
an act raising duty for defraying debts.
1696
364
1696 369
1697 379
in New York city...
act granting additional duties
1699
396
1699
403
1701
449
1701
467
1702
487
continued
for paying debts of government, incurred during
Leisler's administration
•
to raise 1,800 pounds for raising and paying 150
fusileers
•
1702 479
a portion refunded
relative to
raising 2,000 pounds for a present to the Governor....
raising 1,500 pounds for two batteries at the Narrows,
raising 1,300 pounds for employing 100 men for
defense of frontiers
to raise sum for defense of frontiers...
raising fund for defense of frontiers.
to raise 253 pounds, 16 shillings to discharge Lord
Cornbury from his contract with Mr. Hansen......
for defraying necessary charges
levying 6,000 pounds.
•
1702 493
1708
627
1712 775
1702
508
1703
350
1703
562
1706
598
1708 607
1708 624
1708 628
1709 654
137
1090
INDEX.
Taxes
(Continued):
act levying 4,000 pounds..
for defraying necessary charges.
for levying 10,000 ounces of plate.
arrears, act to collect
act for levying 10,000 pounds.
YEAR.
1709
PAGE.
669
1709
682
•
1709
693
•
1710 720
1711 730
to raise 2,855 ounces of plate
•
1711
746
arrears of
•
to compel manors in Westchester county to pay
collection of dues in arrears.
1711 751
1712
757
act for supply to be granted to her 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
•
1715
847
explained
· •
1718 1010
•
duties levied on imports and exports.
act relieving inhabitants of South Carolina from import
duties for six months
compelling vessels to pay a certain duty...
explained
duty on goods sold at auction.
revived
act levying duties, etc., to pay debts of government......
supply granted to his majesty; duties on imports and
exports, slaves, etc
act laying duty on importation of empty casks.
Tonnage:
act declaring sloop of Jacob Moene free from duty of....
declaring sloop Good Intent free from duty of...
exempting the Pink Charlotte from duty of....
exempting sloop of Col. Johnston's from duty of....
exempting the Leghorn, from duty of
•
1715
884
1716 898
1718 1010
1717 904
1719 1021
1717
938
1719 1013
1719 1022
1717 912
1717 913
1717 918
1717 918
1717
919
920
exempting the sloop Mary and Hannah from duty of, 1717
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
427
INDEX.
1091
Trade:
law for encouragement
Trespasses:
act preventing
Ulster county:
U.
YEAR.
PAGE.
1684
165
1699
401
erection
•
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 elections of trustees and
magistrates
1702
488
act to oblige, to pay debt to Rutsen and Gerritse.
1713
791
for repairing county house and prison.
1715
871
•
1716
888
for preserving deer
for settling the boundaries of certain grants in
Marble Town
Usury:
act restraining taking of
partly repealed
•
V.
Vacancies:
act to enable New York to supply, in elective offices..
Vagabonds.
act preventing
to prevent
•
•
repealed in part
explained and amended.
1718 1008
1717 909
1718 1004
1702 515
•
1683 131
1691
237
1701 456
1703
536,9
Vessels:
duty on tonnage
relative to
1709
675
1709 684
continued and amended
1710
714
amended
1711 736
1716 898
to pay a certain duty
explained
1718 1010
1092
INDEX.
Weights and measures:
established
Westchester, Burrough of:
allowance to burgess of
Westchester county:
erection
time of sessions in, changed...
boundaries
W.
YEAR.
PAGE.
1703 * 554
1705 586
1683 122
1684
169
1691
268
act for settling ministry in
1693
328
explained
1705
576
Eastchester in, declared a distinct parish.
1700
440
•
destruction of wolves
1701
472
act to compel owners of unimproved land to pay taxes....
1701
473
to prevent damages by swine.
1708 616
revived
1714
811
to compel manors in, to pay arrears of taxes..
1711 751
for destruction of wolves and foxes.
1716
893
support of parish church of Rye..
.1719 1039
Whales:
cast on shore
Whaling:
act for encouragement of.
revived
Wild cats:
act for destruction of
partly repealed
1699 409
1708 610
1716
887
•
1708
618
1713
781
1717
931
for destruction of
Wills:
probate of ..
Wolves:
bounties
act for destruction of.
•
1692
300
for destruction of, in Westchester and Ulster counties, 1701
for destruction of
for destruction of
partly repealed
•
for destroying, in Orange county...
for destruction of, in Westchester county
destruction of, in Dutchess county..
Woods:
act to prevent burning of.
1683
133
1692
272
472
1702 497
1708 618
1713
781
1715 878
1716 893
1719 1027
... 1710
716
UNIVERSITY OF MICHIGAN
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