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 15 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 15 of 92)
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Tax for the Minister and Poor of the said City, and shall be rated
together in one Asst^ssment made of the whole^ the Vestrymen



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IH LAWS OP THE COLONY OP NEW YOBK^;

first talcing the Oath prescribed to be taken in and by an Act
intitled, "An Act to enable the Inhabitants of the City of Nev
*York to choose annually two Vestrymen for each respective
** Ward within the said City." made and passed in the nineteenth
Year of the Reign of his late Majesty King George the second,
and the Tax so to be laid shall be collected, levied and paid at
the same Time as the Tax for the Maintenance of the Minister and
Poor of the said City hath be^n accustomed into the Hands of the
Church Wardens of the said City for the Time being, who are
hereby required and directed to pay the same into the Hands of
the Chamberlain of the Said City, to be by him paid as he shall
be directed by Warrant or Warrants of the said Mayor Aldermen
and Commonalty in Common Council convened for the uses
aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
said that over and above the Sum of sixteen hundred Pounds, te
be levied and paid by virtue of this Act, the Sum of three Pence
in the Pound as a Reward to the Constables for their Trouble
shall be assessed levied and paid to the respective Constables
for collecting and paying the same and no more, according to
the true Intent and meaning of this Act, any Thing herein, or in
any other Act or Acts contained to the contrary hereof in any
wise notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said that if the said Mayor, Recorder or Aldermen, Church Ward-
ens, Vestrymen or Constables of the said City of New York, who
are hereby authorized, impowered and required to take effectual
Care that this Act be executed according to the true Intent and
Meaning thereof, or any of them shall deny, refuse or delay to
perform, execute or comply with all or any of the Powers,
Anthorities and Duties in this Act given and required to be done
and performed by them or either of them, and thereof shall be
lawfully convicted in any Court of Record in this Colony, he or
they so denying refusing or delaying to perform the duties as
aforesaid shall suffer such Pains and Penalties by Fine and
Imprisonment as by the Discretion of the said Court shall be
adjudged.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that if any Person or Persons shall Wilfully break or dam-
age any of the Lamps now erected or hereafter to be erected
within the said City, he, she or they so offending shall forfeit the



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LAWS OE THB COLONY Off NEWj YORK. 145

Cum of twenty Founds for every Lamp lie slie op they sHall dam-
age or break as aforesaid, to be levied by Warrant or Warrants
under the Hands and Seals of two or more of hia Majesty's Jus-
tices of the Peace for the City and County of New York by Dis-
tress and Sale of the Offender's Goods and Chattels, on due
Conviction made upon the Oath of one or more credible Witness
OP Witnesses, rendering the Overplus if any there be, to the
Owner or Owners; and for want of such Distress, the Offender or
Offenders shall be imprisoned by Warrant under the Hands and
Seals of the said Justices who are hereby required to issue the
same, for the Space of three Months, unless the said Forfeiture
or Forfeitures be sooner paid: which Forfeitures shall be applied
towards providing and repairing of Lamps, and paying the
(Watchmen.

AND BE IT FURTHER ENACTED by the Authority afore-
said that all such Persons as shall be employed to guard the said
City, and attend the Lamps shall be under the Direction of, and
obey such Orders as they shall from Time to Time receive from
the Mayor, Aldermen and Commonalty of the said City, any
Custom Law or Usage to the contrary thereof in any wise
notwithstanding.

[CHAPTER 1470.]
(Chapter 1470 of Van Schaack, where the title only Is printed.]

'An Act to enable the Mayor, Recorder
Aldermen and Commonalty of the City of
Albany for the Time being or the major Part
of them to order the raising a Bum not exceed-
ing two hundred and fifty Pounds for the
Purposes therein mentioned.

[Passed, January 12, 1771.]
WHEREAS the establishing of a regular well constituted
!NIght Watch in the City of Albany will tend to the safety and
preservation of the Inhabitants in their Persons and Effects.

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor the Council and the General Assembly, and it is hereby
lEnacted by the Authority of the same, That the Mayor, Recorder
Aldermen and Commonalty of the City of Albany for the Time
being, op the major Part of them whereof the Mayor or Recorder
to be one shall have full power and Authority and are hereby
Cully im;;pwered and Authorized at any Time before the last Day
VoLV. 19



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116 XAWS OF THE COLONY OF NEW. YOBK.

of Fefirnary one thousand seyen hundred and serenty one to
order the raising a Sam not exceeding two hundred and flft7j
Poimds by Tax upon the Estates Real and Personal lying and
being within the said City of all and eyery the Freehaldera,
Freemen, Inhabitants, Residents and Sojoumera liring within
half a Mile from the River, for the payment of so many Watch«
men as the Mayor Aldermen and Commonalty of the said City,
in Common Council convened shall think necessary for guarding
the said City, which Tax so to be laid shall be rated and assessed
at the same Time and by the Assessors who shall rate and Assess
the Tax which shall be raised by virtue of an Act of the Governor,
the Council and the General Assembly ©f the Colony of New
Yott intitled; "An Act for the better explaining and more
" effectual putting in execution an Act of the General Assembly)
'^made in the third Year of the Reign of their late Majesties
^ King William and Queen Mary intitled an Act for defraying
^ the Public and necessary charge throughout this Province, and
•'for maintaining the Poor and preventing Vagabonds,*' made
and passed the nineteenth of June one thousaid seven hundred
and three; the Assessors first taking the Oath prescribed to be
taken by the last mentioned Act, and the Tax so to be laid shall
be collected levied and paid by the same Collector and at the
same Time as the Tax raised by virtue of the Act aforesaid, hath
been accustomed, and shall be paid into the Hands of such Per*
son as the Mayor Aldermen and Commonalty of the said City or
the Major Part of them in Common Council convened shall
appoint to be by him paid as he shall be directed by Warrant or
Warrants of the said Mayor Recorder Aldermen and Commonaltji
in Common Council convened for the uses aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the Collector shall retain in his Hands three Pence in
the Pound of every Pound so raised by virtue of this Act as a
Reward for his Trouble in collecting and paying the same and
no more

AND BE IT FURTHER ENACTED by the Authority afore-
said . That if the said Mayor Recorder Aldermen and Commonalty
Assessors or Collectors of the said City of Albany who are hereby
authorized impowered and required to take effectual Care that
this Act be executed According to the true Intent and meaning
thereof or any of them shall deny refuse or delay to perform
execute or comply with all or any of the Powers Authorities and
. Duties in this Act given and required to be done and performed



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LAWS DP THE COEONY OP NEW YOBK. 147

by them or either of them and thereof shall be lawfully con-
victed in any Ck>art of Record in this Colony, he or they so deny-
ing refusing or delaying to perform the Duties as aforesaid shall
suffer such Pains and Penalties by Fine and Imprisonment, as by
the discretion of the said Court shall be adjddged.

AND BE IT PUBTHER ENACTED by the Authority afore-
said That if any Person or Persons shall neglect or refuse to pny
the seyeral Bates and Assessments wherewith he or they shall
be charged by this Act for or in respect of his and their Goods
and Chattels Lands or Tenements upon Demand of the Collector
appointed to receive the same. That then it shall and may be
lawful to and for such Collector, and he is hereby required, for
nonpayment thereof by Warrant under the Hand of the Mayor
Recorder Aldermen and Common Council of the said City for the
Time being or the Major Part of them to distrain upon the
Goods and Chattels of the Person or Persons so refusing or
Neglecting to pay, and for want of Goods or Chattels, to distrain
in and upon the Messuages Lands and Tenements so charged, and
the Goods and Chattels then and there found, and the Distress
so taken to carry away and the. same to expose to sale within the
said City for the payment of the said Bate or Assessment, and the
Overplus if any be, over and above the Charges of taking and
carrying away the said Distress to be immediately returned to
the Owner tlrcreot

AND BE IT PUBTHEB ENACTED by the Authority afore-
said, That all such Persons as shall be employed to guard the
said City shall be under the direction of, and obey such Orders
as they shall from Time to Time receive from the Mayor Alder-
men and Commonalty in Common Council convened, any Custom
Law or Usage to the contrary in any wise notwithstanding,

[CHAPTER 1471.]

[Chapter 1471 of Van Scliaack, where the act la printed in fuIL Seo
chapter 942.]

An Act to amend an Act intitled "An

" Act to enable the Freeholders and Inhabit-

''ants of the Townships of Rochester and

''Marble Town to choose and elect at their

^annual Town Meetings two Constables for

** each Town."

[Passed, January 12, 1771.]

WHEREAS In and by an Act intitled "An Act to enable the

^ Freeholders and Inhabitants of the Township of Rochester and



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Ii8 LAWS OP THE COLONY OF NEW. YORK*

^ Marble Town t# choose and elect at their annual Town If eet-
^'inga two ConBtablea for each Town." it la enacted that the
Freeholders and Inhabitants of the said Townships of Rochester
and Marble Town respectively shall at their annual Meetings for
electing Town Officers, choose and elect two Constables for each
of the said Townships respectiyely: and the said Townships
becoming more extensiyelj inhabited, it is found necessary that
one more Constable should be chosen for each of them.

BE IT THEREFOBE 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 Freeholders
and Inhabitants of the said Townships of Rochester and Marble
Town respectively for the future shall at their annual Meetings
for electing Town Officers, elect and choose by plurality of
Voices, three Constables for each of the said Townships respect-
ively instead of two, as in and by the said Act is directed, and
such Person or Persons so elected and chosen as aforesaid shall
serve as Constables for the then ensuing Tear, until there be
others chosen in their room and Stead, and every such Person or
Persons so dios^i and elected as aforesaid who shall refuse or
neglect to qualify and serve as is above directed shall forfeit
for every such Offence the sum of forty Shillings, to be recovered
before any one of his Majesty's Justices of the Peace for said
County by the Overseers of the Poor of the Township where such
Befusal or Neglect may happen, to be applied to the use of the
Poor of the Township where such forfeiture may arise; and in
which Case it shall and may be lawful for any two Justices of the
Peace for the said County of Ulster to appoint some fit Person
or Persons to execute the Office of Constable for the said Place
or Places where such Refusal or Neglect shall happen, until a
new Election shall be made by virtue of this Act as aforesaid,
and every Constable or Constables so elected chosen or appointed
as aforesaid shall have the same Powers and be subject to the
same Fines and Forfeitures as the other Constables for the
several Towns Manors and Precincts in the said County are
Invested with and liable to.



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LAWS OP THE COLOMT OF NEW TOEK. 149



[CHAPTER 1472.]

[Chapter 1472 of Tan Schaack, where the act Is printed in fnlL
Amended by chapter 17G0. See chapter 1599.]

An Act for emitting tlie Sum of one linn*
dr^d and twenty thousand Pounds in Bills of
Credit to be put out on Loan and to appropri-
ate the Interest arising thereon to the pay-
ment of the Debts of this Colony, and to such
Public Exigencies as the Circumstances of
this Colony majr from Time to Time rendev
necessarj,

[Passed, February 16. 1771.1

WHEREAS from the great Decay of Trade, and the insolvency
of the late Treasurer, and other Ditficulties a Deficiency has
arisen in the Public Funds. AND WHEREAS the Funds
granted for the support of his Majesty's Oovernment in and over
this Colony hare of late been reduced one half which Deficiency
this Colony in it's present Circumstances is unable to discharge
unless it be done by the Means of a Loan of Money. AND
WHEREAS also there is a great Want of Specie or other
Medium of Trade in this Colony whereby the Inhabitants labour
under insuperable Difficulties, and many of them are utterly
ruined by being obliged to sell considerable Estates greatly under
tiie real value thereof, and the Merchants rendered unable to
make Remittances to Great Britain as without such Medium
Bills of Exchange cannot be purchased: Wherefore as well to
revive the Commerce Trade and Navigation of this Colony as to
promote the Improvement and settlement thereof, the General
Assembly pray that it may be Enacted.

I BE IT THEREFORE ENACTED by his Excellency the Gor^
emor the Council and the General Assembly, and it is hereby
Enacted by the Authority of the same. That Bills of Credit to
the value of one hundred and twenty thousand Pounds Current
Money of New York forthwith after the Publication hereof be
printed as follows Vizt. five thousand Bills each of the value of
ten Pounds, six thousand Bills each of the value of five Pounds,
six thousand Bills each of the value of three Pounds, five thou-
sand Bills each of the value of two Pounds, six thousand Bills
each of the value of one Pound, eight thousand Bills each of the



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150 EiAWB OF THE COLONS OF N£\Vi rOBE.



value 6t ten SUllings^ and eight thousajid Bills each of the value
of five Shillings, npon which Bills shall be impressed the Arms
of the City of New York on the Bight Side of every of the said
Bills; and the said Bills shall be in the form following.

*" By a Law of the Colony of New York this Bill shall be
** received in all payments in the Treasury for .-..-.•,..•.• -
** New York the - -.•-•• Day of - • - • - - • . one thousand seven hun-
^ dred and seventy one, which Bills shall be numbered by Henry
« Holland or Walter Franklin or Theophylact Bache or Samuel
[Verplank, and signed by any two of them, and by the Treasurer,
to whom by this Act the said first Signers are directed to deliver
them.

II AND BE IT ENACTED that the said first Signers are
hereby directed and impowered upon the Delivery to them of
the said Bills by the Printer thereof to Administer to him and he
is hereby directed to take an Oath or Affirmation in the Words
following.

^ I A. B, do declare that from the Time that the Letters were
*'set, and fit to be put in the press for printing the Bills of
** Credit now by me delivered to you until the Bills were printed,
^ and the Letters afterwards distributed into the Boxes, I went
^ at no Time out of the Boom in which the said Letters were with-
^ out locking them up, so as they could not be come at without
^ Violence a false Key, or other Art then unknown to me, and
** therefore to the best of my knowledge no Copies were Printed
"off but in my presence, *nd that all the Blotters and other
** Papers whatsoever impressed by the said Letters, whilst set toi
'Sprinting the said Bills to the best of my knowledge are here
"delivered to you together with the Stamps; and in all Things
" relating to this Affair I have well and truly demeaned myself
" according to the true Intent and Meaning of the Law in that
''Case made and provided toi the best of my knowledge and
•* understanding so help me God.''

Which Printer at the Time he has Orders to print the saia
Bills shall have a Copy of this Oath that he may govern himself
accordingly. PROVIDED ALWAYS that if any unforeseen
Accident has happened he may have the Liberty of making an
exception thereof in his Oath, he declaring fully how it was, and
If any more of the said Bills are printed than by this Act is
directed when the said Henry Holland, Walter Franklin,
Theophylact Bache^ Samuel Verplank, or any two of them have



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LAWS OP THE COLONY OF NEW TOBK. 151

dgned the Number hereby directed to be israed they shall
immediately bum and destroy all the Remainder.

Ill AND BE IT ENACTED by the Authority aforesaid that
Elisha Oalludet or such other Person as the Major Part of the
said first Signers of the said Bills of Credit shall agree with,
shall engrave according to the Directions he shall receiye from
the Majority of the said first Signers twenty eight Stamps for
the Sides of the said Bills, and fourteen Stamps for the Arms
of the City of New York and shall deliver them to the Treasurer,
who shall in the presence of the Majority of the said Signers
deliver them unto Hugh Gaine the Printer of this Colony upon
his Receipt for the same, and when the said Hugh Oaine has fin*
Ished and compleated the^ printing the Quantity and Sorts of
Bills hereby directed to be struck and issued, he shall re-deliver
the said Stamps to the said Signers and Treasurer, who are
hereby directed and required to seal them up with their several
Seals and they are so to remain in the Treasury until they shall
be ordered to be made use of by any future Act of Assembly,
and the Beceipt of the said Treasurer to the said Hugh Gaine
shall be a sufficient Discharge for such re-delivery. But in Case
•f the Death, Sickness or inability of the said Hugh Gaine to
print the said Bills, then the Majority of the said Signers shall
appoint another Printer for the Service aforesaid in his place
which Printer so appointed shall take the Oath as above
directed.

IV. BE IT ALSO ENACTED that before the said Signers d«
receive any of the said Bills they shall (before any of the Magis-
tl-ates of the City of New York) each of them take an Oath or
Affirmation well and truly to perform what by this Act they are
enjoined as their Duty, and will knowingly sign no more Bills of
Credit than what by this Act is directed.

V. AND BE IT ENACTED that the said Treasurer shall
out of the Bills of Credit so signed and numbered as aforesaid
deliver to the Loan Officers herein after mentioned on producing
the Certificates of Qualification herein after directed in the Sums
and Quotas following to wit.

To the Loan Officers of the City and County of New York to
ftnd for the Purposes hereinafter mentioned the Sum of thirty
eight thousand Pounds.

To the Loan Officers of the City and County of Albany to and
for the purposes therein after mentioned the Sum of twenty^
thousand Pounds



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162 LAWS OF THE OOLONY OF NEW YORK.

To the Loam Officers of King's Gonnty to and for the purposes
herein after mentioned the Sam of five thousand one hundred
and sixty eight Pounds.

To the Loan Officers of Queen's County to and for the purposes
herein after mentioned the Sum of ten thousand seven hundred
and twelre Pounds.

To the Loan Officers of Suffolk County to and for the purposes
herein after mentioned the Sum of nine thousand two hundred
Pounds.

To the Loan Officers of BIchmond County to and for the pur-
poses herein after mentioned the Sum of three thousand two
hundred and forty eight Pounds.

To the Loan Officers of West Chester County to and for the
purposes herein after mentioned the Sum of ten thousand seven
hundred and twelve Pounds.

To the Loan Officers of Dutchess County to and for the pur-
poses herein after mentioned the Sum of ten thousand five hun-
dred and sixty Pounds.

To the Loan Officers of Orange County to and for the purposes
herein alter mentioned the Sum of three thousand two hundred
Pounds.

To the Loan Officers of Ulster County to and for the purposes
herein after mentioned the Sum of nine thousand two hundred
Founds.

For which respective Sums the said Loan Officers respectively
shall give Receipts to the said Treasurer indorsed on the Clerks
Certificate and other Qualification herein after directed which
Receipts shall be to the said Treasurer his Executors and Admin-
istrators a sufficient Discharge if otherwise he has well and truly
performed the Duty enjoined by this Act.

VI. AND BE IT ALSO ENACTED that before the said Loan
Officers do respectively enter upon their said Office every of
them shall give Bond to his Majesty his Heirs and Successors
with such sufficient Security as shall be approved of by one or
more of the Judges of the Inferior Court of the County, together
with the Majority of the Supervisors of the same County, and in
the City of New York by any one or more of the Judges of the
SBpreme Court signified by signing such his or their Approbation
on the Back of the said Bond, which Bond shall be in the full
Sum by this Act committed to his charge with Condition for the
true and faithful performance of his Office and Duty, and that
without favour Malice or Partiality.



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LAWS OP THE COLONY OP NEW. YOBK. 153

tVII. AND BE IT ENACTED that each Loan Officer 'respect-
lyely shall take the following Oath or Affirmation.

" I A B. will according to the best of my Skill and knowledge
"faithfully Impartially and truly demean myself in discharge of
''the Trust committed to me as one of the Loan Officers for
" the of by the Laws of this Colony in that

''behalf made, according to the purport true Intent and meaning
^ of the Bald Laws, so as the Public may not be prejudiced by my
*' Consent privity or procurement, so help me God."
' Which Oath or Affirmation shall be administered by any Jus-
itice of the Peace, and indorsed on the Back of the said Bond^ and
signed by such Justice and the Loan Officer.

VIII AND BE IT ENACTED that the aforesaid Bond
Indorsed with the approbation and Affidavit or Affirmation afore-
said shall be lodged with the Clerk of the County who upon
Receipt thereof shall give the Loan Officer a Certificate that
such Bond Indorsed as aforesaid is lodged with him, which Cer-
tificate is to be delivered to the said Treasurer on his delivering
to the Loan Officer the Bills of Credit aforesaid which Bond and
Indorsements shall be recorded by the Clerk, and in Case of the
forfeiture of the same Bond, the Majority of the supervisors with
any one or more of the Judges of the Inferior Courts of the
Counties respectively, are hereby impowered to order the same
to be put in Suit, and the Monies recovered by virtue thereof
shall be applied to the use of the County on Consideration of
the County's making good the Deficiencies of the Borrowers in
the same as in this Act is hereafter directed. PROVIDED
ALWAYS that in the City and County of New York the Justices
and Vestrymen of the same City and County shall have all the
Powers by this Act given to the Judges of the Inferior Courts
and Supervisors in the other Counties of this Colony, which
Justices and Vestrymen of the City and County of New York
shall also perform all the Duties and Services and be liable to all
the Pains Penalties and Forfeitures which the Judges aforesaid,
and Supervisors of the other Counties are to perform and be sub-
ject to by virtue of this Act, and in Case of any Deficiency of the
Borrowers they shall cause such Deficiency to be assessed levied
and raised in such Manner as they assess levy and raise the Tax
for Minister and Poor.

I IX. AND BE IT ENACTED by the Authority aforesaid that
011 the first Tuesday of March next the Judges of the Inferiofi
20



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161 LAWS OF THE COLONY OF NEW. YOBE.

ConrEibr any one or more of them together with the SapervlBors
(or the Majority of them) of the several Counties respectiyely of
this Colony shall meet at the Court House of the Counties
respectively where the Majority of them shall elect and choose
two suflQcient Freeholders of the respective Counties to be Loan
Officers for the same Counties. PROVIDED ALWAYS that
Kothing in this Clause shall be construed to extend to the City
and County of New York, the City and County of Albany, the
County of Dutchess, the County of Ulster, and the County of



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 15 of 92)