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 11 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 11 of 92)
Font size
QR-code for this ebook


be levied upon the Freeholders and Inhabitants of the said Towns
and Precincts respectively, m Part of the necessary and Contin-
gent Charge of the said Couniies, and paid and applied as in and
by the said Act is directed. AND WHEREAS the Town of
Hurley long since duely Incorporated under the Great Seal of
this Colony, and several other of the Towns in the said County of
Ulster hold their annual Meetings by virtue of their respective
Charters and some of them after the Day of the first annual Meet-
ing of the Supervisors of the County of Ulster aforesaid, by
reason of which the Freeholders and Inhabitants of the said
Towns are deprived of the Benefit of the said Act, for Remedy
whereof.

BE IT 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 Time for laying the Copies
of the Entries of such Sum or Sums of Money as shall be agreed
upon to be raised by virtue of the said Act, and for the purposes
therein mentioned before the Supervisors of the said County of
Ulster, shall be at the second annual Meeting of the said Super-
visors instead of the first as directed in and by the said Act, any
Thing therein contained to the contrary thereof in any wise
notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that the Supervisors of the said County of Ulster shall not hold
their second Meeting for settling the contingent Charges of said
County till after the second Tuesday in June in every Year to the
Intent that the said incorporated Town of Hurley and the several
other Towns in the County of Ulster aforesaid, holding their
annual Elections by virtue o^ Charters as aforesaid may be
enabled to take the Benefit of the abovementioned Act.



Digitized by CjOOQ IC



IM LAWS OP THE COLONY OP NEW YOBEi



[CHAPTER 1455.]

[Chapter 1455 •f Van Schaack, where the title only Is printed. Bee
dttpter 1290. Amended by chapter 1502. Repealed by chapter 1616.]

An Act to amend an Act intitled. "An Act
for the better laving out, regulating and
keeping in repair Common, Public and Pri-
Tate Highways on the North Side of the
Highlands in the County of Orange.

[Passed, January 27, 1770.]
WHEREAS by the thirteenth Section of an Act intitled. '*Ad
" Act for the better laying out, regulating and keeping in Repair
** Common Public and Private Highways on the North side of the
" ^ighland8 in the County of Orange," passed the twenty third
Day of December one thousand seven hundred and sixty five, it
is among other Things enacted that the Bridges and Causeways
in the said Act particularly mentioned, should be made and kept
in repair by a Public Tax upon the Precincts of Goshen and Corn-
wall, and that all other Bridges and Causeways in the precinct of
Goshen which the Commissioners of Goshen or the Major Part
of them for the Time being should think proper should be made
and kept in repair by a Public Tax. And all other Bridges and
Causeways in the Precinct of Cornwall which the Commissioners
of Cornwall or the Major Part of them should think proper should
also be made and kept in repair by a Public Tax. AND
WHEREAS it is thought proper for the present that no Bridges
or Causeways should be made or kept in repair by a Public Tax
other than those particularly mentioned in the Said Act, and a
Bridge over the Outlet of th** Drowned Lands.

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 no other Bridge or
Causeway in the said Precincts except those particularly men-
tioned in the said Act, and the Bridge and Causeway across the
Walkill at the Outlet of the Drowned Lands shall be made or
kept in repair by a Public Tax.

AND BE IT FURTFIER ENACTED by the authority aforesaid
that every Person who by this Act is obliged to work on High-
ways aud does dwell in that Part of the Precinct of Cornwall
within the following Bounds (to wit) Beginning on the West Side
of the Morderers Creek where the reputed Line of Jurisdiction



Digitized by VjOOQ IC



LAWS OP THE COLONY OP NEW. YOBK. 106

1>etween the Counties of Ulster and Orange crosses the same from
thence Southwesterly along the West Bide of the said Creek till
it comes opposite to the North End of Schunamuck Hill or Moun-
tain then along the West Side of said Hill or Mountain to the
Southerly End of it so as to include all the Inhabitants that live
on the West Side of said Hill, and from thence to and including
the House in which John Smith now lives, and from thence to the
Division Line of Cornwall and Ooshen Precincts, and from
thence along the Istst mentioned Line till it intersects the said
reputed Line of Jurisdiction between the said Counties of Ulster
and Orange, and from thence along the said last mentioned Line
to the place of beginning and also every Person who by this Act
is obliged to work on Highways and doth dwell In the said Pre-
cinct of Goshen to the Eastward of the Walkill, and to the North
Eastward of the following Liiie (to wit) beginning at the Black
(Walnut Island, and from thence to and including the House of
Captain John Wlsner, from thence to and including the House of
Francis Armstrong from thence to and including the House of
John Sayrs, from thence to and including the House of Timothy
Clarke Junior, from thence to and including the House in which
John Perham now lives, from thence to the House in which
James Jackson now lives, and from thence to the said Division
Line of the Precincts of Ooshen and Cornwall except the Inhabi-
tants of those Districts which work on the Boad from Captain
Nathaniel Boe Junior to Sterling Iron Works shall during the
Continuance of this Act work one Day in a Year between the
first Day of April, and the first Day of July on the Water Side
Boads in the Precinct of Cornwall from the said Division Line
of the said Precincts near Barnabas Horton Junior down to New
Windsor and the Boad from the said Division Line of the said
Precincts near Barnabas Manneys, and along by Stephen Gilbert's
down to New Windsor, and that Captain John Wisner, Captain
Elihn Mervin, Mr Zachariah Dubois, and Mr John Wells are
hereby directed and required by the first Day of April next, and
that as often as they shall think necessary to view the said
Boads, and that they or any three of them shall give directions
to every Overseer in the Said Precincts of Goshen or Cornwall,
who are obliged to work on the said Boads, what place they shall
work upon, and in Case any Overseer shall refuse or neglect to
Work according to such Directions^ he shall forfeit the sum of
five Pounds.

U



Digitized by VjOOQ IC



M6 LAWS OP THE COLONY OP NEW YORK.

■ :A.ND be it PURTHER enacted by the Authority aforesaid
that every Overseer within the said Precinct that shall not give
Notice to the Persons within his District who are obliged to
work on Highways to work five Days in a year, or if any Over-
fleer shall not fine every Person who shall neglect or refuse to
work on the Highways at the Time and Place he shall be directed
to work, or if any Overseer shall neglect to lay out the Money
arising by every Fine on the Highway within his District, or
where the Person ought to have Worked and within twenty five
Days after the Time in which the Person fined should have
worked said Overseer in each of the above Cases shall forfeit the
Sum of five Pounds.

AND BE IT PURTHER ENACTED by the Authority aforesaid
that no greater or other Pees or Charges shall be allowed or
taken for altering or laying out any Highway than the following
to wit, to each Commissioner and Justice six Shillings per Day;
to the Justices for issuing their Warrant to Summon a Jury
three Shillings; to the Sheriff, his Deputy or a Constable for
Summoning a Jury six Shillings; for his Attendance on the Jury
each Day four Shillings; to each Jury Man four Shillings per
Day; to Captain John Wisner, Captain Elihu Mervin, Mr Zacha-
riah Dubois, and Mr John Wells each four Shillings per Day as a
reward for their Care and Trouble in doing the Business required
by this Act, which Pees or charges shall be raised upon the
respective Precincts of Goshen and Cornwall as the other Charges
of the said Precincts are raised.

BE IT PURTHER ENACTED by the Authority aforesaid that
every Male Preeholder and Inhabitant a ad no other x>er8on within
the said Precincts between the Age of twenty one Years and
sixty Years shall either in Person or by an able and sufficient
Man in his Room be obliged to work five Days in a year upon the
Highways, any Law, usage or Custom to the contrary thereof in
any wise notwithstanding.

WHEREAS it has been found by experience to be extremely
Difficult for the Overseers to deliver in upon Oath an Account in
the Manner and at the Time directed by the tenth Section of the
aforesaid Act, to prevent such Difficulties for the future.

BE IT PURTHER ENACTED by the Authority aforesaid that
Instead of the Account to be delivered under Oath in the said
tenth Section mentioned every Overseer shall deliver an Account
on or before the last Tuesday in March in every Year to one or



Digitized by VjOOQ IC



LAWS OP THE COLONY OF NEW YOBIL 107

more of the Commissioners of the Precinct to which he doth
belong, and shall take an Oath before the said Commissioner, who
Is hereby impowered to administer the same, in the Words fol-
lowing, to wit, I, A. B. declare Upon the holy Evangelists that thiB
Account now delivered by me contains the Names of all the Per-
sons within my District which by this Act are obliged to work on
Highways that each Person therein named has worked himself
or by a Man in his stead five Days since the first Day of April
last and at least to the amount of eight Hours in each Day three
of which Days work were done between the first Day of April
and the first Day of July, or 1 have laid out the Fines of such
Persons that have not worked agreeable to this Act on the High-
way within my District and within twenty five Days after the
Time in which such Persons as I have fined ought to have worked
according to the best of my knowledge and understanding, so
help me God. And if any Overseer shall neglect or refuse to
deliver an Account or take the Oath hereby required, he shall
forfeit the Sum of five Pounds, which forfeiture with all others
herein before mentioned shall be recovered and applied as by
the aforesaid Act is directed.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that when the Commissioners or the Major Part of them in the
respective Precincts for which they shall be chosen, shall stop
up or alter any Road already laid out, and lay out another in the
stead of it, the said old Road so stopped up shall belong to the
Person or Persons through or on whose Land the same did run
if such Person or Persons do not insist on pay for the Land over
which the new Road may run; but if pay shall be insisted upon
for the Land over which the new Road shall be laid then the
Jury to be summoned by virtue of the aforesaid Act for ascer-
taining the Value of the same shall take a View of both Roads
and fix such Value to each of the said Roads as they shall think
reasonable and the Person or Persons through or on whose Land
the Old Road run shall pay such Sum or Sums of Money to the
Commissioners of the said Precinct where such old Road lay to
be applied towards paying for the Lands on which the new Road
or alteration shall be made Provided the Person op Persons
through or on whose Land ye old Road run agreed that the said
old Road, should be stopped up, previous to such Alteration, and
if the said Person or Persons through or on whose Land the said
old Road shall run, shall refuse or neglect within six Months



Digitized by VjOOQ IC



108 LAWS OP THE COLONY OP NEW YORK.

thereafter to pay such Sum or Sums of Money to the CommlBslon-
ers aforesaid or one of them as the Jury shall fix as the Value of
the Old Road, then it shall and may be lawful for the Justices who
attended the Jury on valuing the said Road or either of them to
issue Execution for the said Sum or Sums, with the Costs thereon
accrued, as is usual in other Cases.

This Act to continue in force three Years from the Publication
thereof^ and no longer.

[CHAPTER 1456.]

[Chapter 1456 of Van Schaack, where the act is printed in foIL Bee
chapter 1381.]

An Act more effectually to prevent Dam-
ages by Swine in the County of Orange.

[Pajised, January 27, 1770.1

WHEREAS by an Act passed in the ninth Year of his Present
Majesty's Reign, the Freeholders of the Township of Marble-
town, and the Freeholders of the Precincts of Goshen and Corn-
wall respectively or the Major Part of them at their annual
Meetings for election of Town Officers are impowered to make
such prudential Rules, Orders and Regulations for restraining of
Swine from running at large, or for compelling the Owner or
Owners of such Swine who shall thereafter commit Damages to
make satisfaction to such Person or Persons who shall sustain
the same or otherwise as by them shall be thought most con-
venient; which said Act being found by Experience to be inef-
fectual for the good Purposes thereby designed in the said Pre-
cincts of Goshen and Cornwall in Orange County.

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 from and after the
Publication of this Act it shall and may be lawful for all and
every of the Inhabitants living in the said County of Orange to
take, keep or impound in any Pound or Place within the County
aforesaid, and in the Precinct in which he she or they shall reside,
all such Swine great or small which shall or do get into any
of his her or their Cornfields, Orchards, Gardens, Meadows or
other improved Lands until the Owner op Owners of such Swine
shall pay and satisfy the Person or Persons who shall take and
impound them the Damages done by the said Swine together
with the Costs of advertising and keeping them and one Shilling
a Head for the Trouble of impounding them if in the Precincts of



Digitized by VjOOQ IC



LAWS OP THE COLONY OP NEW YOIIK. ^ lOft

OoBhen op Cornwall, and three Shillings a Head if in the Pre-
cinctB of Haverstraw or Orange Town, which Damages, Costs of
Advertising and keeping the said Swine shall be ascertained bj]
any three Freeholders living in the Precinct where such
impounding shall happen*

AND BE IT FURTHER ENACTED by the Authority aforesaid
that in Case the Owner or Owners of any Swine, taken, kept op
Impounded by virtue of this Act, shall or do not within twenty
four Hours after Notice personally given to the Owner or Owners
ithereof, or by a Notice left at his, her or their Place of abode
with some of the Family of suitable Age of such taking keeping
or impounding such Swine, redeem his her or their Swine by pay-
ing the Penalties imposed by this Act; or in Case the Owner op
owners of such Swine be not known the Person or Persons so
taking and impounding such Swine shall advertise them for four
Days in two of the most Public Places near to where the said
Swine may be impounded and then shall sell them at Public
Vendue, unless they shall be sooner redeemed by paying the
Penalties as aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that if any Swine shall be sold by virtue of this Act, the overplus
Money (if any) after deducting all Damages and Costs shall be
returned to the Owner or Owners of such Swine provided the
same shall be demanded within six Months after such impound-
ing, and if no demand shall be made the Overplus shall be given
to the Overseers of the Poor of the Precinct where such impound-
ing may happen, to be applied towards the_ Maintenance of the
Poor within the same.

AND BE IT FURTHER ENACTED t)y the Authority aforesaid
that if any Swine (except sucking Pigs) not having their Noses
ringed so as to prevent them from Rooting shall hereafter run at
large in the Precincts of Haverstraw and Orange Town, in the
Town of Goshen or in Florida, between the House of William
Thompson Esquire, and the House of Mr Garret Bloom it shall
and may be lawful for any person or Persons to take up and
impound any such Swine, and In Case the Owner or Owners of
such Swine shall not within twenty four Hours after Notice
given to him her or them thereof, or a Notice left at his her op
their Place of abode with some of the Family of suitable Age
redeem the said Swine by paying one Shilling a Head for the
trouble of impounding them, op In Case the Owner or Owners of



Digitized by VjOOQ IC



110 LAWS OP THE COLONY OP NEW YOBK.

snct Swine shall not be known, the Person or Persons so taking
and impounding such Swine, shall advertise them for four Days
in two of the most Public Places near to where the said Swine
may be impounded and shall then sell them, and after deducting
one shilling a Head for impounding such Swine and three Shil-
lings a Head for keeping and advertising them, the Overplus
Money (if any) shall be disposed of as is above directed, any Thing
in the said in part above recited Act contained to the contrary
hereof in any wise notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that this Act shall continue and be in force from the Publication
thereof until the first Day of January one thouisiand seven hun*
dred and eighty and no longer.

CHAPTER 145T.

[Chapter 1457 of Van Schaack, where the act Is printed In fuH. This
act expired the 1st of January, 1773, and was continued by chapter 1687.]

An Act for the more equal Taxation of
Estates in Orange County.

[Passed, January 27, 1770J
WHEREAS the ascertaining the Quotas of proportions of each
respective Precinct in the County of Orange towards the Taxes,
Rates and Contingent County Charges to be assessed and raised
upon the said County, hath hitherto been attended with great
Difficulty and Uncertainty; and given Occasion for Disputes and
Discontent, for preventing whereof for the future.

BE IT 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 from henceforth the Taxes, Rates
and Contingent County Charges to be assessed levied and raised
upon the said County of Orange shall be sustained by, assessed
raised and levied upon the several Precincts of the said County
in the Quotas and Proportions following, that is to say, If at any
Time the sum of three thousand six hundred and fifty Pounds
should be raised upon the said County twelve hundred and fifty
Pounds shall be levied and assessed upon the Precinct of Goshen,
six hundred and ninety Pounds upon the Precinct of Cornwall,
six hundred and twenty Pounds upon the precinct of Haverstraw,
eight hundred Pounds upon the Precinct of Orange Town, and
two hundred and ninety Pounds upon the Precinct of Minisink,
and so In all Cases where a greater or less Bum shall be levied



Digitized by VjOOQ IC



LAWS OP THE COLONY OP NEW YORK. Ill

open the said County, the same shall be assessed and raised by
and upon the said several Precincts in the Proportion which each
of the said several sums hereby affixed and declared to be the
Quota of the said respective Precinct do bear to the said sum of
three thousand six hundred and fifty Pounds which Proportion
shall remain and continue as a nominal Rule and Standard for
ascertaining and apportioning the Shares and Quotas of the said
respective Precincts towards all Taxes Rates and Contingent
County Charges hereafter to be assessed levied and raised upon'
the said County.

And for the more just and equal Assessment and Collection of
the Taxes or Rates to be imposed upon the said several Precincts
In the said County of Orange. BE IT FURTHER ENACTED
that every Person subject to such Tax or Charge, shall at all
Times when required by the Assessors of the Precinct whereia
he resides, or either of them give him or them a view of all the
improved Land in his Occupation and a just Account of all the
Horses Cattle and Chattels which are his Property, and ought to
be subject to such Tax or Charge, and if any Person shall secret
or conceal from the Assessors any Part of his improved Land
Horses, Cattle or Chattels, which ought to have been subject to
such Tax or Charge he shall forfeit for every such Concealment
four Times the Amount or Value of the Tax which ought to have
been assessed on the Land Horses Cattle or Chattels so con-
cealed, which Forfeiture upon the Conviction of the Offender
before any Justice of the Peace of the said County by the Oath
of one or more Witnesses shall be levied and raised by the Col-
lector of the Precincttogether with the Costs of the Conviction
in the same manner the Tax ought to have been levied and raised
had no such Fraud been committed and one half of the Penalty
arising from every such Conviction shall be for the use of the
Person who shall sue for the same, and the other half shall be
applied to the use of the Poor of the Precinct wherein such Pen-
alty shall have been incurred. Provided always that nothing
herein contained shall be consttnied to oblige any Person to give
in any Account of any Sums of Money due to him, or of his House-
hold Furniture, Jewels, Plate or wearing Apparel.

AND BE IT FURTHER ENACTED by the Authority aforesaid
that when any Tax or charge is to be raised and levied upon the
said County, the Supervisors of the several Precincts shall at
their Meetings fix and ascertain the several Quotas or shares of



Digitized by VjOOQ IC



112 LAWS OP THE COLONY OF NEW TOBBl

eacli Prectnct towards snch Tax or charge agreeable to tke Bale
and Prox>ortlon in this Act directed and prescribed, and the
Assessors of each Precinct (after having taken the following Oath
before one of his Majesty's Justices of the Peace for the said
County to wit, I A. B. do solemnly and sincerely Swear that I
will well and truly, equally and impartially according to the best
of my skill knowledge, and Judgment assess every Part of the
Beal Estate Wood Land only excepted, and also every Part of
the Personal Estate of every Person within the Town or Precinct
for which I am chosen assessor, and of all such as have Estates
therein and do not reside there, so help me God.) shall proceed to
rate and assess every Inhabitant of each Precinct a just Propor-
tion according to the value of the rateable Part of his Estate
of the sum to be levied and raised in each respective Precinct, and
when the same is compleated the Assessors for each respective
Precinct shall form a Tax Boll for their several Precincts specify-
ing the Name of each Inhabitant, the sum at which his rateable
Estate is computed, and the Amount of the Tax at which he is
assessed.

AND BE IT FUBTHEB ENACTED by the Authority aforesaid
that the Assessors of the several Precincts hereafter mentioned
shall be allowed and paid by their respective Precincts for their
services in that Office for every Day they shall respectively be
actually employed therein in the Manner following, that is to say,
each of the Assessors of the Precinct of Cornwall six shillings per
Day, and each of the Assessors of the Precincts of Haverstraw
and Orange Town four shillings per Day, which several allow-
ances shall from Time to Time as they shall become due be levied
and raised upon the said respective Precincts in the same Man-
ner as the other contingent County Charges are or shall be raised
and levied in the said Precincts respectively.

AND BE IT FUBTHEB ENACTED by the Authority aforesaid
that this Act shall continue in force from the Publication hereof
until the first Day of January which will be in the Year of our
Lord one thousand seven hundred and seventy three and no
longer.



Digitized by CjOOQ IC



ULWS OF THE COLONY OF lUEVf YOEEL US



[CHAPTEE U5a]

[Chapter 145S of Van Schaack* where the act Is printed in fnIL See
chapter SOL By chapter 1619 all acts relating to the highways so far ai
they concern the Borough of Westchester, ai'e repealed.]

Cin Act to revive an Act intitled "An Act
** for the better clearing regulating and f ur-
"ther laying out Public Highways in the
''County of iWest Chester." with some
Alterations.

[Passed, January 27, 1770.]

WHEREAS an Act intitled. ''An Act for the better clearing,
regulating and further laying out Public Highways in " the
" County of West Chester." passed in the nineteenth Year of his
late Majesty's Reign expired by it's own Limitation on the first
Day of December one thousand seven hundred and fifty-five, and
the same having been continued by several subsequent Acts



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 11 of 92)