New York (State).

The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le online

. (page 1 of 92)
Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 1 of 92)
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1 by Google



TCK

Vol. V
Ills'



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THE

<:OLONIAL LAWS



OF



NEW YORK



FBOX THa



"yE>A.R 1664 TO THE> REVOLUTION,



DTCLUDINO Tm



CHARTERS TO THE DUKE OF YORK, THE COMMISSIONS AND IN-
STRUCTIONS TO COLONIAL GOVERNORS, THE DUKE'S LAWS,
THE LAWS OP THE DONGAN AND LEISLER ASSEM-
BLIES, THE CHARTERS OF ALBANY AND NBW
YORK AND THE ACTS OF THE COLO-
NIAL LEGISLATURES FROM 1691
TO 1775 INCLUSIVE.



V O I^ U M E V.



TRANSMrrncD to the legislature by the commissioners of statutory

REVISION, PURSUANT TO CHAPTER 125 OF THE LAWS OF 1891.



ALBANY:

JAMES B. LYON, STATE PRINTER.

1894.



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J



X



322589



V



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I



OraaETTPIEST ABSEMBLlr. ' *

^Second Sessiofu '- !•'.

(Began Nov. 21, 1769, 10 George III, Cadwallader CoIden,-Xieiifi

Governor.) •.•''•

[CHAPTER 1406.] '; ' .

[Ofaapter 1406 of Van Schaack, where the title only la printed.]

An Act for collecting the Dnty of EzdM
on Strong Liquors retailed in this Golonj
from the first Day of January one thousand
seven hundred and seventy to the first Day
of January one thousand seven hundred and
seventy one, inclusive.

[Passed, December 30, 1769.] '.
• BE IT ENACTED by his Honor the Lieutenant Governor the
ICouBcn and the General Assembly, and it is hereby enacted by
the Anthority of the same that Cornelius Clopper shall be and
hereby is appointed Commissioner for collecting the Duty of
(Excise of and from the several Betailers of Strong Liquors
iwithin the City and County of New York from the first Day of
January in the Year of our Lord one thousand seven hundred
and seventy, to the first Day of January which wUl be in the
Year of our Lord one thousand seven hundred and seventy one.
AND BE IT FURTHER ENACTED by the Authority afore-
said that the said Commissioner shall as soon after the Publica-
tion of this Act as he shall judge convenient, appoint the several
Betailers within the said City and County, and direct and ascer^
tain what each Retailer shall pay for the said Duty from the
first Day of January one thousand seven hundred and seventy,
to the first Day of January one thousand seven hundred and
seyenty one.

AND BE IT ENACTED l^ the Authority aforesaid that the

several and respective Persons herein after named shall be and

iiereby are appointed Commissioners for collecting the Duty of

(Excise of and from the several and respective Retailers of Strong

(Liiqnors witljia the several and respective Counties of this

^ ■ ' VoLV. 1



aCNEItAL BOOKBINOiNO CO.

81 55 7



IGGST C0^^bigitizec?^y<iMJviO•:

T CONTROL MARK O



QUAUTT CONTROL MARK



9 LAWS OF THE OOLONY OF NEW TOKK.

Colony herein after mentioned^ and the Harbours, Bays anA
Bivers respectively .^fherennto adjoining or belonging Vizt

For the City.^nd.County of Albany, Peter Lansing and Qny»-
bert G MarsGli« Esquires,

For the iorough of West Chester/ Nathaniel Underhill
Esquii;e '.''

For the Manor of Philipsburgh and Tonkers in the County of
IWest.pli^ster, William Davids and Isaac Deane Esquires.

;Fpr the Manor of Oortlandt in the County of West Chester,
•,C^irles Moore and Hackaliah Browne Esquires.
V And for the remaining Part of West Chester County Edward
> Btephenson and John Thomas Junior Esquires.
; For Kings County Theodoras Polhemus Esquire.
' For Queens County Benjamin Townshend and Samuel Clowes
Esquires.

For Dutchess Ccrunty Cornelius Lister, Peter Harris and Ben*
jamin Akins Esquires.

For Ulster County Joseph Gasherle, and James Mo Clagrjj
Esquires.

For Orange County, David Puy for Haverstraw Precinct; for
Orange Town John Perry, for Goshen Precinct Benjamin Tusteen;
and for Cornwell Precinct Daniel Coleman Esquires.

For Richmond County, Hezakiah Wright, Jacob Rezeau, and
Bichard Conner Esquires.

And for Suffolk County, Bichard Floyd, Samuel Landon and
flfalby Gelston Esquires.

AND BE IT ENACTED by the 'Authority aforesaid, that the
aforesaid several and respective Commissioners or the major
Part of them respectively shall as soon as they conveniently can
after the Publication of this Act meet at the County Hall of their
several and respective Counties or at such other Place or Places
as they the said Commissioners shall respectively appoint for
putting in execution the Powers and Authorities given by this
Act, at which Time, or at such other Times as they shall judge
necessary, the said Commissioners, or the major Part of them
respectively shall for their own Counties and Districts severally
and respectively fix the Number and appoint the several Betailers
within their several and respective Counties and DistrictS| and
direct and ascertain what each Retailer shall pay for the said
Duty of Excise from the first Day of January one thousand seven
hundred and ieventy to the first Day of January one thousand



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LAWS OF THE COLONY OF NEW YORK. S

Beven hnndred and seventy one, PROVIDED ALWAYS AND
BE IT FURTHER ENACTED by the Authority aforesaid, that
no Retailer in any of the Cities or Counties of this Colony shall
pay under the sum of twenty shillings for the said Duty of Excise,
except those who shall retail Strong Liquors not to be drank in
their Houses, and such as may retail strong Liquors at or near
the County Hall in Suffolk County during the sittings of their
Courts, or other Public Meetings there, who shall be rated at the
discretion of the respective Commissioners and that all those who
have heretofore been Retailers of Strong Liquors in this Colony
shall not pay less for the said Duty than they did in the Year of
our Lord one thousand seven hundred and sixty nine, but as
much more as the Commissioner or Commissioners for the City
County or District, where such Retailers may reside, shall think
reasonable.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that the said several Commissioners shall on or before the
first Day of of January in the Year of our Lord one thousand
seven hundred and seventy one, render just true and particular
Accounts on Oath to the Treasurer of this Colony of all the Sums
of Money to be raised by virtue of this Act on the several Retail-
ers within the Cities, Counties and Districts for which they are
respectively appointed Commissioners as aforesaid, specifying the
Names of every Retailer, and the Sums they have respectively
been rated at, and pay the same to the said Treasurer of this
Colony for the Time being deducting therefrom only such Sum
or Sums as is by this Act allowed such Commissioner or Com-
missioners for the management of the said Duty: and in order
the better to secure the payment of the Sums to be raised by
virtue of this Acb

BE IT FURTHER ENACTED by the Authority aforesaid that
the said Commissioners before they take upon themselves the
execution of the Powers and Authorities given by this Act shall
respectively enter into Bonds to the Treasurer of this Colony for
the Time being in the Sums following, that is to say.

The said Cornelius Clopper in the Penal Sum of one thousand
bIz hundred Pounds.

The said Peter Lansing, and Guysbert G Marsells in the Penal
Bum of three hundred Pounds.

The said Nathaniel Underbill in the Penal Sam of twentj;
Founds.



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4 LAWS OF THE COLONY OF NEW TOEK.

The said William Davids and Isaac Deane in the Penal Sam of
forty Pounds.

The said Charles Moore, and Hackaliah Browne in the Penal
Sum of forty Pounds.

The said Edward Stephenson and John Thomas Junior in the
Penal Sum of one hundred Pounds.

The said Theodoras Polhemus, in the Penal Sum of sixty
Pounds.

The said Benjamin Townshend and Samuel Clowes in the
Penal Sum of one hundred and sixty Pounds.

The said Cornelius Lister, Peter Harris and Benjamin Akins in
the Penal Sum of two hundred Pounds.

The said Joseph Qasherie and James M. Clagry, in the Penal
Bum of one hundred and fifty Pounds.

The said David Puy, John Perry, Benjamin Tusteen and Daniel
Coleman in the Penal Sum of twenty Pounds each of them.

The said Hezakiah Wright, Jacob Rezeau and Richard Conner
In the Penal Sum of forty Pounds.

The said Richard Floyd, Samuel Landon, and Malby Gelston in
the Penal Sum of one hundred Pounds.

CONDITIONED that the said respective Commissioner or
Commissioners his or their Executors or Administrators shall ren-
der a just and true Account upon Oath to the Treasurer of this
Colony of all the sums that may by him or them be raised in vir-
tue of this Act upon the several Retailers of Strong Liquors
within the City, County or District for which he or they are or is
appointed Commissioner or Commissioners, and well and truly
pay the same except the Sum allowed him or them by this Act
to tne Treasurer of this Colony for the Time being on or before
the first Day of January in the Tear of our Lord one thousand
seven hundred and seventy one: which Bond shall be delivered to
and remain with the Treasurer of this Colony for the Time being,
and upon performance of the Conditions of the same respectively
shall be delivered up to be cancelled, but if Default shall be made
in the performance of the Condition of any or either of the said
Bonds, it shall and may be Lawful to and for the Treasurer of
this Colony for the Time being, and he is hereby directed and
required after the expiration of three Callender Months from the
said fi.rst Day of January in the Tear of our Lord one thousand
■even hundred and seventy one to cause Suits to be brought in
the Name of the Treasurer of the Colony of New Tork upon each
and every of the said Bonds so forfeited and prosecute the same



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LAT7S OP THE COLONY OF NEW TOBK 6

to effect, and no Suit f o be brought upon any or either of the aald
Bonds shall be abated or discontinued by the Death or removal
of the Treasurer of this Colony, but shall be continued and prose-
cuted to effect by the new Treasurer, in the Kame of the Treas-
urer of ths Colony of New York.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that the said Commissioners shall be allowed and may deduct out
of the Sum to be by them respectively laid on the several Retail-
ers within the City County or District for which they are respect-
ively appointed Commissioners the following Sums for their
Trouble and Charges in the execution of the Powers vested in
them by this Act, that is to say.

The said Cornelius Clopper the Sum of fifty Pounds for Inci*
dental Charges and his Commissions.

The said Peter Lansing and Guysbert O Marselis the Sum ot
twenty eight Pounds.

The said Nstthaniel Underhill the Sum of one Pound fouE
Shillings.

The said William Davids and Isaac Dcane the Sum of three
Pounds ten Shillings.

The said Charles Moore and Hackaliah Browne the Sum ot
three Pounds ten Shillings.

The said Edward Stephenson, and John Thomas Junior the
Bum of ten Pounds.
! The said Theodorus Polhemus the Sum of five Pounds.

The said Benjamin Townshend and Samuel Clowes the Sunn
of ten Pounds.

The said Cornelius Lister, Peter Harris and Benjamin Akins
the Sum of fifteen Pounds.

The said Joseph Gasherie and James Mc Clagry the Sum
of eight Pounds.

The said David Puy, John Perry, Benjamin Tusteen, and
Daniel Coleman the Sum of six Pounds.

The said Hezakiah Wright, Jacob Rezeau, and Richard Connec
the Sum of three Pounds.

The said Richard Floyd, Samuel Landon, and Malby Gelston
the Sum of nine Pounds.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that the several and respective Retailers of Strong Liquors shall
pay the several and respective Sums of Money to be laid on them
by virtue of this Act, unto the aforesaid several and respective
Commissioners on or before the first Day of December one thoa«



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e LAWS OF THE COLONY OF NEW YORK.

sand seyen hundred and seventy, for securing which payment tKe
said Commissioners shall respectively oblige the said several and
respective Retailers to give such Security as they the said Com-
missioners shall judge necessary. PROVIDED that such
Retailer in the City of New York as shall be rated three Pounds
and under, and such in the several Counties as shall be rated at
thirty Shillings and under, shall not be permitted to retail unless
they immediately pay the several and respective Sums they shall
be rated at to the aforesaid Commissioners any Thing herein
before contained to the contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that in Case any Person or Persons whomsoever other that such
as the said Commissioners shall permit shall presume to sell any
Strong Liquors by retail directly or indirectly, the Offender or
Offenders shall for each such Offence forfeit the Sum of six
Pounds to be recovered by the said Commissioner pr Commission-
ers respectively on the Oath of any one credible Witness in a
Summary Way in the Cities of New York and Albany and
Borough of West Chester before the Mayor or Recorder and one
or more Aldermen of the said Cities and Borough respectively,
and in the several Counties before any Justice of the Peace within
the said several Counties respectively, and if upon Conviction the
said Forfeitures be not paid, the same shall be levied on the
Goods and Chattels of the Offender or Offenders by Warrant or
Warrants under the Hands and Seals of the Person or Persons
before whom such Conviction shall happen, and if no Goods and
Chattels are found on which to distrain, it shall and may be law*
f ul for the Person or Persons who heard and determined the
same, to commit the Offender or Offenders to Goal without Bail
or Mainprize for the Space of three Months unless the Penalties
are sooner discharged, and the said respective Magistrates shall
be and are hereby fully impowered directed and required to hear
and determine those Matters in the Manner aforesaid, and to give
Judgment if need be, to award Execution thereon and to issue a
Warrant or Warrants for the commitment of Offenders as the
Case may require, one third of which Forfeiture shall be to the
Informer or Informers, one third to the said Commissioners, and
one third to the Poor of the Town Manor or Precinct where the
Offence shall be committed, to be paid into the Hands of the
Church Wardens or Overseers of the Poor of the said respective
Place or Places by the Officer or Officers by whom the same Bhall



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LAWS OF THE COLONY OF NEW YORK. 7

be levied; any Thing In any of the Acts of thia Colony to tKe con-
trary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said that the several Retailers who shall be permitted and
allowed to retail by the said Commissioner or Commissioners
shall before they do so retail any Strong Liquors enter into
Recognizance, that is to say in the Cities of New York and
Albany and Borough of Wefit Chester before the respective
Mayors thereof and in the several Counties in this Colony before
two Justices of the Peace in the Penal Sum of twenty Pounds
with sufficient Sureties in the like Sum, conditioned to keep an
orderly House, according to Law during the Time they shall be
permitted to retail as aforesaid, and thereupon the said respec-
tive Mayors or the said Justices shall grant to such Person or
Persons who have entered into such Recognizance a Licence
under his or their Hands and Seals to retail Strong Liquors in
such House and Place as shall be mentioned therein during the
continuance of this Act, which Recognizances are to be lodged by
the Person or Persons before whom the same shall be taken Vizt.
In the Cities of New York and Albany and Borough of West
Chester with the Town Clerks, and In the several Counties with
the respective Clerks thereof, and upon Complaint of the Breach
of the said Condition it shall be lawful for the said Mayor and
Aldermen of New York and Albany^ and Borough of West Ches-
ter respectively or the greater Number of them, and in the Coun-
ties for the Justices of the General and Special Sessions of the
Peace to suppress the Licence or Licences of such Offender or
Offenders.

AND BE IT ENACTED by the Authority aforesaid that in
case any of the persons who shall be permitted to retail Strong
Liquors as aforesaid by the said Commissioner or Commissioners
shall presume to retail before he she or they have obtained a
Licence and entered into Recognizance to keep an orderly House
as aforesaid, he she or they so offending shall respectively forfeit
the Sum of six Pounds for each Offence, to be recovered in a
summary Way in the Manner before directed, one half thereof
to the Informer, and the other ha,if to the Poor of the Town
Manor or Precinct where the Forfeiture shall arise: and that the
Ezpence of being qualified to retail may be within the Bounds
of moderation,

BE IT ENACTED by the Authority aforesaid that no inor«
shall be taken for a Licence and Recognizance in the Cities of



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8 LAWS OF THE COLONY OF NEW YORK.

New York and Albany and Borough of West Chester than thie
usaal and accustomed Fees, and in the respectiye Counties than
the Sum of three Shillings

AND BE IT ENACTED by the Authority aforesaid that such
Persons permitted to retail as aforesaid by the said Commis-
sioner or Commissioners who retail Strong Liquors not to be
drank in their own Houses but carried elsewhere shall not be
obliged to enter into the Recognizance and take Licenee as afore-
said, any Thing contained in this Act , to the contrary
notwithstanding.

AND BE IT ENACTED by the Authority aforesaid that in
Case of the Death of any of the aforesaid Commissioners, the
surviving Commissioner or Commissioners where such Death
may happen shall be and hereby is and are entitled to the whole
Bewardy and vested with the same Powers and Authorities to
execute this Act as if no such Death had happened, and in Case
of the Death or refusal of all the Commissioners of any of the
respective Cities Counties and Districts, then the Sheriff or
Sheriffs for the Time being of the Cities Counties or Districts
where such Death or refusal shall happen, shall be and hereby
is and are vested with all the Powers and Authorities given to
the Commissioners by this Act, be under the same Regulations,
and entitled to the same Rewards to all Intents, Constructions
and purposes whatsoever as if they had been particularly named
and appointed in this Act, any Thing in this Act to the contrary
notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said that all the Monies to be paid to the Treasurer of this
Colony by virtue of this Act or recovered upon any of the afore-
said Bonds, shall remain in the Hands of the Treasurer of this
Colony for the Time being to be disposed of as is or shall be
directed by any Act or Acts passed or to be passed for that
purpose.

AND BE IT ENACTED that the Retailers In the City of New
York shall pay the Excise in three several Payments or sooner as
the Commissioner and they shall agree.

PROVIDED ALWAYS that Nothing in this Act shall be con-
strued to make void abridge, or any wise lessen the several
Bights and Privileges granted unto the Cities of New York and
Albany and Borough of West Chester by their respective Char-
ters, any Thing contained in this Act to the contrary thereof
notwithstanding.



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LAWS OF THE COLONY OF NEW YORK. 9



[OHAPTEB 1407.]

[Ohtptefr 1407 of Van Schaacic, where the title only l8 printed. 6et
diapter 1357. Continued by chapter 1465.]

'An Act further to continue an Act inti-
tied "An Act for granting to his Majesty the
"several Duties and Impositions on Goods,
^ Wares and Merchandizes, imported into this
^ Colony therein mentioned.''

[Passed* December 80, 1769.]

' IWHEBEAS the several Duties and Impositions on Ooods^
(Wares and Merchandizes imported into this Colony, and granted
for the support of the Government of his l&te Majesty Eang
George the second by the abovementioned Act, have by several
subsequent Acts been continued to the first Day of January next
ensuing; and the General Assembly being willing to make Pro-
▼ision for the further Support of his Majesty's Government of
this Colony.

BE IT THEREFORE ENACTED by his Honor the Lieutenant
Governor, the Council and the General Assembly, and it is
hereby enacted by the Authority of the same, that the above-
mentioned Act intitled " An Act for granting to his Majesty the
** several Duties and Impositions on Goods, Wares and Merchan-
•* dizes imported into this Colony therein mentioned.*' passed in
the twenty seventh Year of his late Majesty's Reign shall be and
hereby is continued, and every Clause, Matter and Thing therein
contained enacted to be and remain in full Force to all Intents,
Constructions and purposes whatsoever until the first Day of
January which will be in the year of our Lord one thousand
seven hundred and seventy one inclusive.

PROVIDED ALWAYS that so much of the first Clause or
Section of said Act, as relates to European or East Indian Goods
imported from the British Islands into this Colony shall be con-
strued taken and deemed to be from the British Islands in
'America only, anj Thing in the said Aet to the contrary thereof
aotwithstandin^;.

8



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10 LAWS OF THE COLONY OP NEW YORK.



[CHAPTER 1408.]

f [Chapter 1408 of Tan Schaack, where the act !a printed In f ulL See
Chapter 1196.]

■An Act to continue an Act Intitled ^^ An

^ Act for the punishment of Persons in the
" City of New York, who shall by false pre-
**tences, obtain any Goods, Wares or Mer-
** chandizes from any Person, with Intent to



Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 1 of 92)