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 17 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 17 of 92)
Font size
QR-code for this ebook


on or before the last Tuesday of the Month of July, and the



Digitized by VjOOQ IC



lCi4 LAWS OF THE COLONY OP NEW YORK.

said Treasurer's Receipt shall be to the said Loan Officers and
everj of them their Heirsi Executors and Administrators a suf-
ficient Discharge.

XXIX AND BE IT FURTHER ENACTED That the Yearly
Salaries of the Loan Officers aforesaid for the Seryices required
of them by this Act shall be as follow, to wit

For every of the Loan Officers of the City and County of New
York forty Pounds.

For every of the Loan Officers of the City and County of Albany
thirty Pounds.

For every of the Loan Officers of King's County ten Pounds.

For every of the Loan Officers of Queen's County sixteen
Pounds.

For every of the Loan Officers of Suffolk County sixteen
Pounds.

For every of the Loan Officers of Richmond County nine
Pounds.

For every of the Loan Officers of West Chester County sixteen
Pounds.

For every of the Loan Officers of Dutchess County sixteen
Pounds.

For every of the Loan Officers of Orange County ten Pounds.

For every of the Loan Officers of Ulster County sixteen Pounds.

XXX, AND BE IT ENACTED by the Authority aforesaid
That the Supervisors and Judges aforesaid of the several Coun-
ties of this Colony shall on the first Tuesday in October which
will be in the Year of our Lord one thousand seven hundred and
seventy two, and Yearly thereafter on the first Tuesday in
October meet together with the said Loan Officers at the Court
House of the County, (except the Judges and Supervisors of Suf-
folk County, who shall meet on the last Tuesday in October; the
Judges and Supervisors of Ulster County on the third Tuesday
in June; and the Judges and Supervisors of Dutchess County on
the first Tuesday in June), and the Majority of the Supervisors
with one or more of the Judges aforesaid shall carefully inspect
and examine the Mortgages, Minutes and Accounts of the Loan
officers to find whether they have been in any way faulty or negli-
gent in their Offices, and if they find so, then to choose others in
their Places as aforesaid: when also if any Deficiency has hap-
pened by a Borrower's not having Right to the Lands mortgaged
or by the selling thereof for a less Price than what before is men-



Digitized by VjOOQ IC



LAWS OP THE.COLOirsr OP 5naW YOSE. ICS

tlonedy or any other way whalsoeTer, then they the said Snpeis
•visors or the Majority of them with the concurrence of one ov
more of the said Judges shall cause all such deficiencies to be
assessed and levied of the County, as other County Charges, so
that the whole of such Deficiencies be paid into the said Loan
OfQcers by the third Tuesday of April then next following,

XXXI. AND BE IT ENACTED by the Authority aforesaid
That In Case one or more of the said Judges and a Majority of
the Supervisors aforesaid shall not meet on the first Tuesday of
March next to come, or id Case they shall not meet yearly on
the first Tuesday in October, or on the several and respective
Tuesdays herein before appointed for the Counties of Suffolk,
Ulster and Dutchess, or in Case they Rhall not meet when sum-
moned by a Precept of one or more o^ the said Judges for the
several Purposes in this Act mentioned, every of them in either
of these Cases that are absent unless detained by sickness shall
forfeit the Sum of three Pounds, and the Judge or Judges then
attending shall issue his or their Precept to one or more Con-
stables to summon the Judges and Supervisors to attend that
Day Week for the purposes aforesaid, under double the Penalty
aforesaid, which each neglecting then to attend if duly sum-
moned shall also forfeit, tho' a sufficient Number do appear. And
in Case a sufficient Number do not then appear the Judge or
Judges appearing shall proceed in like Manner from Week to
Week till a full Number of Supervisors do appear to perform the
Duty for which they before ought to have met. And in Case
the said supervisors or Vestrymen or either of them, when a
Majority of them are met, shall neglect or refuse to take the
Oath or Affirmation herein prescribed or neglect or refuse to do
the Duty enjoined them by this Act when met, or shall on any
pretence whatsoever on the Day of their annual Meeting, neglect
or omit the Causing to be assessed levied and raised the whole
Deficiencies that have happened by any of the means aforesaid,
every of them neglecting their Duty herein shall forfeit to his
Majesty the Sum of five Pounds, all which Penalties before in
this Clause mentioned are to be recovered before any one of his
Majesty's Justices of the Peace within the City or County where
such Forfeiture shall arise, one half to the use of such Judge or
Judges and Supervisors of the same County endeavouring to per-
form their Duty herein, who will Sue and inform against the rest,
and prosecute their Suit to effect, and the other half to be paidi



Digitized by VjOOQ IC



3C6 LAWS OP THE COLONY OP NEW TOBK,

to the Treasurer and applied towards cancelling the Bills of
Credit In such manner as shall be directed bv Act or Acts of the
General Assembly.

XXXII AND BE IT ENACTED That all and every the Sums
of Money which may at any Time afterwards be recovered by Ihe
JiOan Officers aforesaid of such Persons as have been the Occa-
sion of such Deficiencies as aforesaid shall be applied to the use
of such County, and the Judge or Judges and supervisors are
hereby impowered to take all lawful ways and means in the
Name of the said Loan Officers to recover the Same.

XXXIII AND BE IT ENACTED by the Authority aforesaid
That it shall and may be Lawful for the said Loan Officers to let
out upon Loan any of the said Bills of Credit in such Manner as
they shall think best upon Security of good Plate to be delivered
to them at six Shillings per Ounce to be paid in again to the
said Loan Officers on the third Tuesday of April then next with a
Tears Interest at five per Cent for the same, and in Case of non-
payment at any of the two" first stated Days of Meeting of the
Loan Officers, then the said Loan Officers are to sell the same
Plate in such Manner, and upon the same Day as they are directed
to sell the Lands of the Mortgages forfeited as aforesaid, and
they are to return the Overplus to the Owner (if any be) after
payment of the principal and charges with Interest past and to
come until the third Tuesday of April then next to come, unless
a Borrower Offers at Time of Sale as in Case of Lands herein
before mentioned, any Thing in this Act to the contrary
notwithstanding,

XXXIV AND BE IT ENACTED That If any of the said
Monies shall remain in the Hands of the Loan Officers four
Weeks after the first Day of letting it out, for want of Borrowers,
It shall be lawful for them to let out the same on good security by
Mortgage of Lands in the County, or on Plate as aforesaid to
any Person who will borrow the same in any Sums though they
be upwards of three hundred Pounds.

XXXV. BE IT ENACTED by the authority aforesaid That
If any of the Bills of Credit shall remain four Weeks over and
above the four Weeks aforesaid, that is to say in all eight Weeks
In the Hands of the Loan Officers for want of Borrowers after
the first Day of letting out as aforesaid, then and in that Case the
said Loan Officers or one of them by consent of the other to be
entered and signed in the Minute Book of proceedings, shall



Digitized by VjOOQ IC



LAWS OF THE COLONY OP NEW. YORK, 167

carry It to the Loan Officers of tSe next County or Counties where
there were more Monies demanded in Loan than there were
Monies to lend and deliver it to the Loan Officers of such next
County, upon their Receipt for the same, and their entering a
Memorandum of it in the Minutes of their proceedings, which
Loan Officers to whom such Sum is brought shall accept thereof,
and shall set up Advertisements thereof, and therein assign a
Day in the next Week for Borrowers to offer, and shall proceed
in the lending this further Sum in their County as nearly as Cir-
cumstances of Things can admit, in the like Manner as they
proceeded in lending the first Sum, of which transposition of those
Monies, the Loan Officers of the several Copnties shall give Notice
in writing signed by them to the Treasurer at the Time of their
paying to him the first Interest Monies thereafter, of which
Notices to him, he shall enter Memorandums in hia Books of
Accounts the better to ascertain the Interest he is to receive
yearly from the respective Counties, and the Principal Sums that
the Counties are finally to canceL

XXXVI. AND to prevent Frauds that may happen by Execu-
tors or Administrators in their non payment of any Part of the
Money borrowed as aforesaid by their respective Testators or
Intestates BE IT ENACTED That if any Person or Persons that
shall become Borrowers of the Bills issued by virtue of this Act,
and shall afterwards make his her or their last Will and Testa-
ment in due form of Law, thereby devising the Premises so mort-
gaged to any other Person or Persons, leaving Personal Estate
sufficient to pay his or her Debts with an overplus not otherwise
In the said Will disposed of, and not expressly providing in other
manner by the said Will, in such Case it shall be understood that
the Devisor intended that the Mortgage Money in arrear at the
Time of his Death should be paid out of his Personal Estate, and
his Executor or Executors shall be accordingly compelled to pay
the same thereout in aid of such Devisee or Devisees. But in
Case the said last Will was made before the premises were mort-
gaged, then it shall be understood that the Testators Intent was
(Unless otherwise expressed in such Will) that the Devisee or
Devisees should pay the Residue of tuc Mortgage Money in Arrear
at the Time of such Testator's Death, and in Case any Executor
or Executors contrary to the Intent of this Act having Effects
sufficient, shall permit a Sale to be made of the premises mort-
gaged such Devisee or Devisees may immediately have his her



Digitized by VjOOQ IC



1C8 LAWS OP THE COLOITT OP NEW TOEE. i

or their Action either in proper Person or by Guardian or next
Priend if under Age, against such Executor or Executors, and
recover double the Damages sustained with Costs of suit| and in
Case any Executor, or Executors shall in such Case bp a pur-
chaser of the Pemises so mortgaged or any other in Trust for him,
or for his use, he or they shall be deemed seized of the Premises
for the use of the Devisee or Devisees, and such Executor or
Executors and their Trustees are hereby disabled from making
any Conveyance thereof, from such Devisee or Devisees, and if
any such Conveyance is made, the same is hereby declared fraudu-
lent and Void against such Devisee or Devisees.

XXXVII AND BE IT ENACTED That in Case any Mort-
gagor die Intestate, the Mortgage Money aforesaid, or any Part
thereof being in arrear and unpaid and leaving personal Estate
sufficient to pay his Debts with an Overplus, his Heir at Law
being under age when any Part of the said Mortgage Money shall
become due, in such Cases the Mortgage Monies shall be paid out
of the Personal Estate if sufficient, and the profits of the Premises
mortgaged shall be applied towards repayment of the said
Monies to such Person or Persons as may be entitled to the same,
where it so happens that the Part of the Personal Estate earning
to the said Heir at Law is not sufficient to discharge such Mort-
gage, and in Case the Profits of the Mortgaged Premises shall
not be sufficient to make such Repayment, the Heir at Law shall
be compelled to make it up with Interest, when he she or they
come of age, and where any Sales shall happen to be made pur-
suant to the Tenor of this Act after the Death of the Testator or
Intestate, because of the Deficiency of the personal Estate of the
Testator or Intestate, his or her Heirs or Devisees being then
under Age, in such Case the Monies arising by such Sale after the
Deduction of the Principal Interests and Costs due to the said
Loan Office, shall be placed out to Interest by the Executors or
Administrators for the Benefit of such Heir or Devisee, or Per-
son intitled to such Lands.

XXXVIII AND BE IT ENACTED by the Authority aforesaid
that the Borrowers may pay their Interest and Principals in any
of the Bills of Credit of this Colony, or in Silver or Gold, or Lyon
Dollars, and the Treasurer and Loan Officers shall accept thereof
in lieu of the Bills issued by virtue of this Act.

XXXIX. AND BE IT ENACTED by the Authority aforesaid
That if any Person shall falsely swear or Affirm in any of the



Digitized by VjOOQ IC



LAWS OP THE COLONY OF NEW YOBK. 169

Cases where an Oath or AfSrmatlon Is required to be taken b]r
this Act or shall Wilfully or knowingly Act contrary to the Oath
or Affirmation he has before taken, such Offence is hereby
declared to be perjury, and the Offender being convicted thereof
shall suffer all the Pains and Penalties of Perjury, which by the
Laws of Great Britain can be inflicted.

XL. AND BE IT PUBTHER ENACTED That all Judges and
Justices In this Colony shall and they are hereby directed to
construe this Act most favourable for the prosecutor, and most
strongly against the Offender, and shall allow him or her no
Essoin, Protection or Wager of Law, nor more than one Impar-
lance, and shall endeavour the execution of this Act according to
the true Intent and meaning thereof notwithstanding the want
of apt Words to express the same, and if Mischiefs should hap-
pen, which may affect the Public or any private Person or the
Credit of the Bills issued by virtue of this Act, against which
no Bemedies are expressly provided by this Act; but if there hap-
pen to be Bemedies against like Mischiefs, they the said Judges
and Justices shall construe and extend the like Bemedies to and
for the like Mischiefs, according to the true Intent and meaning
of this Act, any Law, usage oc Custom to the contrary;
notwithstanding.

XLI AND BE IT ALSO ENACTED by the Authority afore-
said That the Bills of Credit issued by virtue of this Act shall be
cancelled in like Manner as the Bills of Credit were cancelled,
that were emitted by virtue of an Act intitled "An Act for the
**more effectual cancelling the Bills of Credit of this Colony",
passed the eighth Day of April one thousand seven hundred and
forty eight; and the Act intitled "An Act to amend an Act inti-
" tied An Act for the more effectual cancelling the Bills of Credit
^ of this Colony/' passed the fourth Day of July one thousand
seven hundred and fifty three.

XLIL AND BE IT PUBTHER ENACTED by the Authority
aforesaid That the Loan Officers for the County of Orange shall
be elected and chosen in the following Manner that is to say one
of the said Loan Officers being a sufficient Freeholder shall be
chosen at the Court House in Ooshen Town on the first Tuesday
In March next by the two Supervisors of Ooshen and Cornwall
Precincts, and the Judges and such as are Justices of the Quorum
for said County dwelling and residing In said two Precincts by
fhe Plurality of Votes of those that shall meet at said Election,
23



Digitized by VjOOQ IC



170 LAWS OP THE COLONY OP NEW YOSE:*

and the other Loan OiBcer being a sufficient Freeholder, shall la
like manner be chosen at the Court House in Orange Town on
the first Tuesday in March next by the two Supervisors of Haver-
straw and Orange Town Precincts, and the Judges, and such
as are Justices of the Quorum for said County dwelling and
residing in said last mentioned Precincts, and that the Super-
visors and Judges of the said County shall on the first Tuesday
of October which will be in the Year of our Lord one thousand
seven hundred and seventy two, meet at the Court House at
Orange Town with the Loan Officerb of the said County, and the
Year following at the Court House at Goshen, and so alternately
each Year during the continuance of this Act.

XLIIL AND BE IT ENACTED by the Authority aforesaid
That Theodoras Van Wyck, Andrew Barclay, and Nicholas Gov-
erneur Esquires shall be the Loan Ofiicers for the City and
County of New York any Thing in this Act to the contrary thereof
in any wise notwithstanding.

XLIV. AND BE IT ENACTED by the Authority aforesaid
That John H. Ten Eyck and Hermanns Wendell Esquires shall be
the Loan Officers for the City and County of Albany, and Richard
Snediker and Jacobus Bwartwout Esquires shall be the Loan
Officers for the County of Dutchecs, and Christopher Tappen
and Joseph Gasherie Esquires shall be the Loan. Officers for the
County of Ulster, and that in Case of the Death or refusal of any
of them the Judges and Supervisors of the said City and County
of Albany and the Judges and Supervisors of the said Counties of
Dutchess and Ulster respectively shall .appoint others as is
directed by this Act in the other Counties, any Thing in this Ai5t
to the contrary notwithstanding,

XLV. AND BE IT FURTHER ENACTED by the Authority
aforesaid That the respective Loan Officers within this Colony
for the Time being shall permit and suffer any Person or Persons
at seasonable Times to search and view the Books of Mortgages
In their Hands and Custody, upon their paying one Shilling for
the search, and the Mortgages entered as aforesaid shall be of
equal force and validity, and have the same effect as those entered
in the Register of the respective Counties.

XL VI. BE IT ALSO ENACTED That the Interest of the
Money arising by virtue of this Act shall be and remain in the
Treasury until it shall be disposed of by Act or Acts hereafter
to be passed for that purpose*



Digitized by CjOOQ IC



LAWS OF THE COLONY OF NEW YOBK* 171



[CHAPTER 1473.1
[Cnia^r 1478 of Van Schaack, where the act is printed la falL]

An Act to facilitate and explain the Duty,
of the Loan Officers in this Calony.

[Passed, February 16, 1771.1

i. BE IT ENACTED by Ms Excellency the Governor the
Council and the General Assembly, and it is hereby Enacted by
the Authority of the same That for the greater uniformity in the
Becurities to be taken in the Loan Offices for the Money to be
lent by virtue of an Act of the General Assembly of this Colony
intitled. *^ An Act for emitting the Sum of one hundred and
** twenty thousand Pounds in Bills of Credit to be put out on
*^Loan, and to appropriate the Interest arising thereon to the
" Payment of the Debts of this Colony, and to such Public Exigen-
** cles as the Circumstances of this Colony may from Time to Time
" render necessary/* The Mortgages for the Money by virtue of
the said Act lent, shall be in the form following vizt.

* THIS INDENTURE made the Day of

In the Year of the Reign of our Sovereign Lord

George the third, by the Grace of God of Great Britain France'
and Iri^land King Defender of the Faith &c. Annoq. Domini one

thousand seven hundred and BETWEEN

of the County of ; • • • of one Part, and the Loan Officers

of the said of of the other Part WIT-
NESSETH That the said for and in Consideration of

the Sum of by the Loan Officers of the

of to him well and truly in Hand paid, whereof he

grants the Receipt and acknowledges himself to be therewith
contented, and for himself his Heirs, Executors and Adminis-
trators releases and discharges the Loan Officers of the

of and their Successors thereof forever. HATH

Granted, Bargained, Sold, Released Enfeoffed and Confirmed, and
by these presents DOTH Grant Bargain, Sell, Release EnfeoflF

and Confirm to the Loan Officers of the • . of

and their Successors and Assigns for ever all That

TOGETHER with all and all Manner of Woods, Underwoods,
Trees, Mines, Minerals, Quarries Hawkings, Huntings, Fowlings,
Fishings, Buildings, Fences, Improvements, Hereditaments and
Appurtenances whatsoever to the same belonging or in any ways



Digitized by VjOOQ IC



172 LAWS OF THE COLONY OP NEW YOBE.

appertaining, and all the Estate, Bigbt, Title, Interests, posses-
sion, property Claim and Demand of the said • . . . and his

Heirs to the above Bargained Premises and every Part thereof
TO HAVE AND TO HOLD the above bargained Premises to the

Loan Officers of the of their Successors

and Assigns forever to the uses and purposes mentioned in an
Act of the General Assembly of this Colony, passed in the elev-
enth Year of the Beign of King George the third intitled,
" An Act for emitting the Sum of one hundred and twenty thou-
'' sand Pounds in Bills of Credit to be put out an Loan, and to
*' appropriate the Interest arising thereon to the payment of the
** Debts of this Colony, and to such Public Exigencies as the
** Circumstances of this Colony may from Time to Time render

" necessary." and the said for himself his Heirs,

Executors and Administrators, does Covenant, Grant, Bargain

and agree, to and with the Loan Officers of the

of and their Successors that at and before the Time

of the ensealing and delivery hereof he the said stood

lawfully seized of the above bargained Premises of a good sure
perfect absolute and indefeazible Estate of Inheritance in the'
Law in Pee Simple, and that the same then were free and clear
of all former and other Gifts, Grants, Bargains, Sales, Leases,
Beleases, Judgments, Extents, Becognizances, Dowers, Entails
and other Incumbrancer in the Law whatsoever. PBOVIDED
ALWAYS and these presents are upon this Condition, That if

the said his Heirs Executors, Administrators or

Assigns do pay or cause to be paid to the Loan Officers of the

of the Interest at the Bate of Ave per

cent of the said Principal Sum of on the third

Tuesday of April yearly until the third Tuesday of April which
will be in the Year of our Lord one thousand seven hundred and

seventy five inclusive, and if the said or his af ores

saids shall pay to the Loan Officers of the of

the one tenth Part of the said Principal Sum of on

the third Tuesday of April which will be in the Year of our
Lord one thousand seven hundred and seventy six together with

the Interest due on the said Principal Sum of and

one other tenth Part of the said Principal Sum on the third
Tuesday of April, which will be in the Year of our Lord one
thousand seven hundred and seventy seven together with the
Interest then due, and one other tenth Fart of the said Prin-



Digitized by VjOOQ IC



EJLWS OP THE COLONY OP NEW. TORE. 173

dpal Sum on the third Tuesaay of April which will be In the
Year of oar Lord one thousand seven hundred and seventy eighty
together with the Interest then due, one other tenth Part of
the said Principal Sum on the third Tuesday of April which will
be in the Year of our Lord one thousand seven hundred and
seventy nine, together with the Interest then due, and one other
tenth Part of the said Principal Sum on the third Tuesday of
April which will be in the Year of our Lord one thousand seven
hundred and eighty, together with the Interest then due, and one
other tenth Part of the said Principal Sum on the third Tuesday
of April which will be in the Year of our Lord one thousand
seven hundred and eighty one, together with the Intierest then
due, and one other tenth Part of the said Principal Sum on the
third Tuesday of April which will be in the Year of our Lord one
thousand seven hundred and eighty two, together with the Inter-
est then due, and one other tenth Part of the. said Principal Sum
on the third Tuesday of April which will be in the Year of oup
Lord one thousand seven hundred and eighty three together with
Interest then due, and one other tenth Part of the said Principal
Sum on the third Tuesday of April which will be in the Year of
our Lord one thousand seven hundred and eighty four, together
with the Interest then due, and the Remainder of the said Prin-
cipal Sum on the third Tuesday of April which will be in the
Year of our Lord one thousand seven hundred and eighty five,
together with the Interest then due thereon, according to the
true Intent and meaning of the said Act of General Assembly,
then the above Grant Bargain and Sale and every Article and
Clause thereof shall be void. But if failure be made in any of
the payments abovementioned, then the above bargain and Sale

is to remain in full Force and virtue and the said for

himself his Heirs and Assigns doth agree to be absolutely barred
of all equity of Redemption of the premises within twenty two

Days after such Failure, and the said for himself his

'Heirs Executors and Administrators does Covenant, Grant, Bar-
gain, Promise and agree to and with the Loan Officers of the

of and their Successors well and truly

to pay to them all and every of the Sums of Money abovemen-
tioned at the Times on which the same ought to be paid as afore-



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 17 of 92)