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 14 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 14 of 92)
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(CHAPTEB U65.J

[Chapter 1465 of Van Schaack» vhere the title only it printed. Oon*
tinned by chapter 1509.]

An Act further to continue an Xct Enti-
tled. "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 22, 1770.J *

WHEBEAS the several Duties and Impositions on Goods,
Wares and Merchandizes imported into this Colony, & granted
for the support of the Government of his late Majesty King
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 v^illing to make Provi-
sion for the further support of his Majesty's Government of this
Colony.

BE IT THEBEFOBE ENACTED by his Excellency the Gor-
ernor, the Council, and the General Assembly, and it is hereby
enacted by the Authority of the same, That the abovementioned
•Act intitled "An Act for granting to his Majesty the several
^ Duties and Impositions on Goods Wares and Merchandizes
••Imported into this Colony therein mentioned." passed in the
twenty seventh Year of his late Majesty's Beign, 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
February which will be In the Year of our Lord one thousand
seven hundred and seventy two inclusive. PBOVIDED
ALWAYS that so much of the first Clause or Fi^ction of said
Act, as relates to Ei\ropean or East India Goods imported from
the British Islands into this Colony shall be construed taken and
deemed to be from the British Islands in Ameriea only; any Thing
in the said Act to the contrary hereof notwithstanding.



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131 lAWS OP THE COLONY OF NEW YOEK.



[CHAPTER 1466.]

[Chapter 1466 of Van Schaack, where the title only la printed. See
cliapter 1433. This act was continued by chapter 1520.]

An Act to continue an Act intitled "An
•'Act to restrain Hawkers and Pedlars
** within this Colony, from selling withoat
** Licence,'*

[Passed, December 22, 1770.1

WHEREAS the Act intitled "An Act to restrain Hawkers and
" Pedlars within this Colony from selling without Licence," will
expire by it's own Limitation on the twenty fifth day of March
next unless continued.

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor the Council and the General Assembly, and it is hereby
enacted by the Authority of the same, That the said Act intitled,
"An Act to prevent Hawkers and Pedlars within this Colony,
" from seHing without Licence." shall be and hereby is continued
from the expiration thereof, until the first Day of February which
will be in the Year of our Lord one thousand seven hundred and
seyenty two, any Thing in the said Act contained to the contrary
hereof in any wise notwithstanding.

[CHAPTER 1467.]

[Ohapter 1467 of Van Schaack, where the title only Is printed.]

An Act for collecting the Duty of Excise
on Strong Liquors retailed in this Colony
from the first Day of January in the Year of
Lord one thousand seven hundred and seventy
one, to the first Day of February one thou-
sand seven . hundred ^ and seventy two
inclusive.

[Passed, December 22, 1770.1

BE IT ENACTED by his Excellency the Governor, the Council,
and the General Assembly, and it is hereby Enacted by the
tAuthority- of the same. That Cornelius Clopper shall be and
hereby is appointed Commissioner for collecting the Duty of
Excise of and from the several Retailers of Strong Liquors within
the City and County of New York from the first Day of January
in the Year of Our Lord one thousand seven hundred and sevent}}



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LAWS OF THE COLONY OP NEW TOEK. 138

one, fo the first Day of Febrnary which will be in the year of one
Lord one thousand seven hundred and seventy two inclusive.

AND BE IT FURTHER ENACTED by the Authority afore,
said, That the said Commissioner shall as soon after the Public
cation of this Act as he shall judge convenient appoint the seve-
ral Retailers within the said City and County, and direct and
ascertain what each Retailer shall pay for the said Duty from
the first Day of January one thousand seven hundred and sev«
enty one to the first Day of February one thousand seven hun«
dred and seventy-two inclusive,

AND BE IT FURTHER ENACTED by the Authority afore-
said that the several and respective Persons herein after named
shall be and hereby are appointed Commissioners for collecting
the Doty of Excise of and from the several and respective Retail*
ers of Strong Liquors within the several and respective Counties
of this Colony herein after mentioned, and the Harbours, Bays
and Rivers respectively thereunto adjoining or belonging Vizt,

For the City and County of Albany Peter Lansing and Guysbert
G Marcelis Esquires,

For the Borough of West Chester Nathaniel Underbill
Esquire,

For the Manor of Philipsburg and Tonkers in the County of
West Chester William Davids and Isaac Dean Esquires.

For the Manor of Cortlandt in the County of West Chester
Charles Moore and Hackaliah Brown Esquires, and

For the remaining Part of West Chester County Edward Ste-
phenson and John Thomas Junior Esquires.

For King's County, Theodorus Polhemus Esquire.

For Queens County Benjamin Townshend and Samuel Clowes
Esquires.

For Dutchess County, Cornelius Lister, Peter Harris, Benja-
min Akins, John Ryder and Lewis Barton Esquires.

For Ulster County^ Joseph Gasherie and James Mo Claghry;
Esquires,

For Orange County, for Haverstraw Precinct David Puy, For
Orange Town John Perry, for Goshen Precinct Benjamin Thurs-"
ton, for Cornwall Precinct Daniel Coleman Esquires.

For Richmond County, Hezekiah Wright, Jacob Bezeau and
Richard Conner Esquires.

And. for Suffolk County, Richard Floyd, Samuel Landon and
Malbj Qelston Esquires.



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136 LAWS OP THE COLONY OP NEW YORK.

AND BE IT ENACTED by the Authority aforesaid that tlie
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 op 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 Retail-
ers 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 seventy one, to the first Day of February one
thousand seven hundred and seventy two. 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 sitting 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 seventy,
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 February one thousand seven hundred and seventy
two, 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 Retailers within the Cities Coun-
ties and Districts for which they are respectively appointed Com-
missioners as aforesaid specifying the Names of every Retailer,
and th» 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 Aot



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LAWS OP THE COLONY OF NEWj TOEK.J 137i

anowed Snch 0omm!«8loner or CommlBsioners for the manage*
ment of the said Duty.

AND in order the better to secure the payment of the Sums
to be raised by virtue of this Act 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
six hundred Pounds.

The said Peter Lansing and Guysbert G Marcella In the Penal
Sum of three hundred Pounds.

The said Nathaniel Underhill In the Penal Sum of twenty
Pounds. •

The said William Davids and Isaac Dean In the Penal Sum of
forty Pounds.

The said Charles Moore and Hackaliah Brown In the Penal
Bum of forty Pounds.

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

The said OSieodorus 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, Benjamin Akins, John
Syder and Lewis Barton in the Penal Sum of two hundred
Pounds.

The said Joseph Gasherle and James Mo. Claghry In the Penal
Bum of one hundred and fifty Pounds.

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

The said Hezekiah Wright, Jacob Bezean, and Bichard Conner
in the Penal Sum of forty Pounds

And the said Bichard Floyd, Samuel Landon and Malby Gels-
ton in the Penal Sum of one hundred Pounds.

Conditioned that the said respective Commissioner or Com*
nissioners his or their Executors or Administrators shall render
a just and true Account upon Oath to the Treasurer of this
IPolonj of all the Sums that may by him or them be raised in

18



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138 _ LAWS OPTHE COLONY OP NEW YORK.

Tirtue of this Act npon the seyeral Betailers of Strong Liquori
iwithin tlie City County or District for which he or they is or
are appointed Commissioner op Commissioners, and well jand
truly pay the same, except the Sum allowed him or them by this
Act, to the Treasurer of this Colony for the Time being on or
before the first Day of February in the Year of our Lord one
thousand seven hundred and seventy two, which Bond shall be
delivered to and remain with the Treasurer of this Colony for tbe
Time being, and upon performance of the Condition 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 first Day of February in the Year of our
Lord one thousand seven hundred and seventy two to cause Suits
to be brought in the Name of the Treasurer of the Colony of
New York, upon each and every of the said Bonds so forfeited,
and prosecute the same to effect, and no Suit to be brought upon
any or either of the said Bonds shall be abated or discontinued
by the Death or removal of the Treasurer of this Colony, but shall
be continued and prosecuted to effect by the new Treasurer in
the Name of the Treasurer of the Colony of New York.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that the said Commissioners shall be alloTved and may
deduct out of the Sum to be by them respectively laid on the
several Retailers within the City County or District for which
they are respectively 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 G Marcelis the Sum of
twenty eight Pounds.

The said Nathaniel Underhill the Sum of one Pound four
fihillings.

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

The said Charles Moore and Hackaliah Brown the Sum of
three Pounds ten Shillings.

The said Edward Stephenson and John Thomas Junior the Sum
of ten Poundfl.



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LAWB OP THE COLONY OF. NEW TOEK, 139

TEe said Theodoras Polhemns, the Sum of five Pounds.

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

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

The said Joseph Oasherie and James Mc. Claghry the Sum of
eight Pounds.

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

The said Hezekiah Wright, Jacob Kezeau, and lUchard Conner
'the Sum of three Pounds.

And 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 en or before the first Day of December one thou-
sand seven hundred and seventy one; for securing which pay-
ment the said Commissioners shall respectively oblige the said
several and respective Retailers to give such Security as they
the said Commissioners shall judge necessary. PROVIDED that
sudi Retailer in the City of New York as shall be rated six
Pounds and under, and such in the several Counties as shall be
rated at three Pounds and under shall not be permitted to retail
nnless 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.

Aim BE IT FURTHER ENACTED by the Authority aforesaid
that in Case any Person or Persons whomsoever other than such
as the said Conunissioners 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 or Commis-
sioners 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 on«
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
•aid Forfeitures be not paid the same shall be levied on the



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UO LAWS OF THE COLONY OF MEW YOKii.

\
Goods and Chattelg of the Offender op Offenders by Warrant op
Warrants under the Hands and Seals of the Person op Persons
before whom such Conviction shall happen, and if no Goods and
Chattels are found on which to distrain it shall and maj be lawful
for the Person or Persons who heard and determined the same
to commit the Offender or Offenders to Goal without Bail or
Main Prize 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 Infoumer 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 cotnmitted 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 shall
be levied, any Thing in any of the Acts of this Colony to the 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
iKecognizance, that is to say. In the Cities of New York and
Albany and Borough of West 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 respective
Mayors or the said Justices shall grant to such Person or Persons
who have entered into such Recognizance a License under his op
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 oC
the said Condition it shall be lawful for the said Mayor and



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LAWa 07 THE OOIONT OT. NEW YOB& tUl

AldermeB of New Tori and Albany and Borongli of West Che«*
ter respectively or the greater Number of them, and in the Oeun-
ties for the Justices of the General and special Sessions of tha
Peace to suppress the Licence or Licences of such Offender or
Offenders.

AND BE IT ENACTED by tKe Authority aforesaid that In Casa
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 sliall respectively forfeit
the Sum of six Pounds for each Offence, to be recovered in a Sum-
mary way in the Manner before directed, one half thereof to the
Informer, and the other half to the Poor of the Town Manor or
Precinct where the Forfeiture shall arise. And that the Expence
of being qualified to retail may be within the Bounds of
Moderation.

BE IT ENACTED by the Authority aforesaid, that no more
«hall be taken for a Licence and Recognizance in the Cities of
New York and Albany, and Borough of West Chester than the
usual and accustomed Fees, and in the respective 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 Commissioner
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 Licence as aforesaid, 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
Reward and vested with the same Powers and Authorities to exe-
cute this Act as if no i^uch 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
BherilTs for the Time being for 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 entitkd to the same Rewards to all Intents, Constructions and



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142 ^ lAWS OP THE C0M)2JY OP NEW. TOLS.:

purposes wTiatsoever, as if they had been particularly named and
appointed in this Act, any Thing in tliis Act to the contrary;
notwithstanding. * ! '

AND BE IT FURTHER ENACTED by the Authority aforesaid
that all the Monies to be paid to the Treasurer of this Colony
by virtue of this Act, or recovered upon any of the aforesaid
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 construed to make void, abridge
or any wise lessen the several Rights and Privileges granted unto
the Cities of New York and Albany and Borough of West Chester
by their respective Charters, any Thing contained in this Act t©
the contrary thereof notwithstanding.

[CHAPTER 1468.]

[Chapter 1468 of Van Scliaack, where the act Is printed In full See
chapter 1373.]

An Act to continue an Act intitled "An
^'Act to prevent Frauds by Bills of Sale
" which shall be made and executed after the
" first Day of March in the Year of our Lord
" one thousand seven hundred and sixty nine,
** in the Counties therein mentioned."

[Passed, December 22, 1770.]
: WHEREAS an Act Intitled ''An Act to prevent Frauds by
^ Bills of Sale which shall be made and executed after the first

* Day of March in the Year of our Lord one thousand seven hun.

* dred and sixty nine in the Counties therein mentioned.'^ passed
in the ninth year of his present Majesty's Reign, will expire by it's
own Limitation en the first Day of January next^ and the same
having been foui;l very useful and necessary.

BE IT THErwEFORE ENACTED by his Excellency the Gov-
emor, the Council and the General Assembly, and it is hereby
Enacted by the Authority of the same. That the abovementioned
Act shall be and hereby is continued, and every Article Matter
and Clause therein contained Enacted to be and remain in full
force until the first Day of February which will be in the Year
of our Lord one thousand seven hundred and seventy five.



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LAWS 07 THE COLOl^ OF NEW YOBE. 143

THIRTY-PIEST ASSEMBLT,,

Fourth Session*

(fitgwi Jan. 1, 1771, 12 George III, William Tryoa, Goyenior.)

[CHAPTEB 1469.]

[Chapter U69 of Van Schaack, where the title only \b printed.]

An Act to impower the Mayor, Recorder

and Aldermen of the City of New York, or the

' Major Part of them to order the raising a

Bum not exceeding sii^teen hundred Pounda^

for the uses therein mentioned.

[Passed, January 12, 1771.]

WHEREAS the providing a sufllcient Number of Watchmen
and lighting of Lamps within the City of New York, has not only
been found conrenient, but also necessary for the safety of it's
Inhabitants and others,

BE IT THEREFORE ENACTED by his Excellency the Got-
emor, the Council, and the General Assembly, and it is hereby
Enacted by the Authority of the same, that the Mayor, Recorder
and Aldermen of the City of New York, for the Time being, or the
major Part of them, whereof the Mayor or Recorder to be one,
shall have full Power and Authority, and are hereby fully impow-
ered and authorized, on the second Tuesday in this present Month
of January, or within ten Days thereafter to order the raising a
Bum not exceeding sixteen hundred Pounds, by a Tax upon the
Estates real and personal of all and every the Freeholders, Free-
men, Inhabitants, Residents, and Sojourners within the City of
New York on the South Side of Fresh Water, for the payment of
80 many Watchmen as the Mayor Aldermen and Commonalty of
the City of New York shall think necessary for guarding the
City, and fbr purchasing Oil, providing Lamps, and for repair-
ing and attending the Lamps which now are or hereafter may be
erected, and add the same Sum of Sixteen hundred Pounds to the
Bum which shall be raised for the Minister and Poor of the said
City; which Tax so to be laid, shall be rated and assessed at Ihe
same* Time, and by the Vestry-Men who shall rate and assess the



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 14 of 92)