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 2 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 2 of 92)
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"cheat or defraud such Person," with an
Aduition thereto.

[Passed, December 80, 1769.]

I 'liE 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 Act intitled An Act for the
punishment of Persons in the City of New York who shall by
false pretences obtain any Goods Wares or Merchandizes from
any Person, with Intent to cheat or defraud such person, passed
in the third Year of his present Majesty's Reign shall be and
hereby is continued in full Force and Virtue to all Intents and
Purposes from the first Day of January next, until the first Day
of January which will be in the Year of our Lord one thousand
seven hundred and eighty inclusive.

AND WHEREAS Doubts and Scruples have arisen whether
Ifonies are or shall be deemed or counted Goods and Merchan-
dizes BE IT ENACTED by the Authority aforesaid that all per-
Bons obtaining Money by false Pretences or Tokens shall be liable
to the like Punishment as Persons are in the City of New York
who shall by false Pretences obtain any Goods, Wares or Mer-
chandizes from any Person with Intent to cheat or defraud such
Person or Persons.

[CHAPTER 1409.]

[Chapter 1409 of Van Schaaok, where the title only \s printed. See
Chapter 1268. Continued by chapter 1512.]

An Act to continue an Act intitled " An
''Act for the better regulating the Public
** Roads in the City and County of New York
^and to levy Money to defray the Expence
« thereof. ''

[Passed, fteceirher 30, 1769.]

' BE IT ENACTED by his Honor the Lieutenant Governor, the
Council and the General Assembly, and it is hereby enacted by



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LAWS OP THE COLONY OP NEW YORK. 11

tlie Antliorlly of tlie same tliat the A^ct Intitled ''An Act for the

^ better regulating the Public Boads in the City and County of

" New York, and to levy Money to defray the Expence thereof,^

passed in the fourth Year of his present Majesty's Beign shall be

and hereby is continued, and every Clause, Article, Matter and

Thing in the said Act contained enacted to be and remain in full

Force and Virtue to all Intents, Constructions and Purposes

whatsoever until the first Day of Janrfary which will be in the

Year of our Lord one thousand seven hundred and seventy two,

except so much of the second Clause of the said Act as is therein

expressed and contained in the Words following to wit " And

"if any Person or Persons shall lay out any Bead or Boads

^ through his her or their Lands, and leave the same open for

^ common use by the space of three Months, the said Commis*

^ sloners are hereby impowered immediately thereafter to record

** all and every such Boad and Boads in the Manner hereinafter

"directed; which being so recorded shall be deemed Publick

" Boads and Highways to all Intents Constructions and Purposes

" whatsoever.'* ^

[CHAPTEB 1410.]

[Chapter 1410 of Van Schaack, where the act Is printed in tvXL Expired
January^ 1772. Bevlved and continued by chapter 1622.]

An Act for the more effectual preven-
tion of Fires in the City of New York.

[Passed, December 80, 1769.]

' iWHEBEAS the many Instances of the great Destruction made
by Fire in many Populous Cities, makes it highly necessary to
use. all possible precaution against the like Calamities in this
City. AND WHEBEAS the storing of Pitch Tar, Turpentine,
Bosin, Spirits of Turpentine or Shingles in any Houses, Store
Houses, Cellars or other Places within this City, may be of very
bad Consequences in Case of Fire breaking out at or near the
Place where any such commodities are stored. AND WHEBEAS
the firing and discharging of Guns, Pistols, Bockets, Crackers,
Squibs, and other Fireworks in the City of New York, may not
only be likely to do personal Injuries to the Inhabitants and
others, but the City may be in danger of being set on Fire by
such Practices for Bemedy whereof.

BE IT ENACTED by his Honor the Lieutenant Governor, the
Council and General Assembly and it is hereby enacted by the



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13 LAWS OF THE COLONY OF NEW YORK*

Anttority of the same that from and after the first Day of Jan-
nary next no Pitch, Tar, Turpentine, Bosin op Spirits of Turpen-
tine or Shingles shall or may be put in any Place in the City of
New York to the Southward of Fresh Water, other than in such
proper place or places to be appointed and approved of by the
Mayor Aldermen and Commonalty of the City of New York in
Common Council convened under the Penalty of ten Pounds for
every Offence or Refusal to remove the same to be levied by War-
rant under the Hand and Seal of one or more of his Majesty's
Justices of the Peace for the City and Cbunty of New York by
distress and Sale of the Goods and Chattels of the Offender upon
due Conviction upon Oath or upon the View of one or more of
such Justices of the Peace, rendering the Overplus if any be to
the Owner, and for want of such Distress the Offender shall J>e
imprisoned by Warrant from the said Justice or Justices, who
are hereby impowered and required to issue such Warrant until
payment as aforesaid, which said Forfeitures shall be paid to the
Church Wardens of the City of New York for the Time being
for the use of the Poor of the said City. PROVIDED ALWAYS
that it shall and may be lawful to and for such of the Inhabitants
of the said City who are Ship Chandlers to have near their Doors
in the open Street, and not in any Building or Inclosure a small
Quantity of Pitch Tar Rosin and Turpentine not exceeding in
the whole at any one Time twenty Barrels in order the more
readily and handily to supply the Merchant Ships, and others
who may have Occasion for small Quantities of such Commodities
any Thing herein before contained to the contrary thereof in any
wise notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said that if any Person or Persons of what Age Sex or Quality
soever from and after the said first Day of January shall Fire
and discharge any Gun, Pistol, Rocket, Cracker, Squib, or other
Fire Work in any Street, Lane or Alley, Garden or other Inclos-
ure or from any House or in any other Place where Persons fre-
quently walk to the Southward of Fresh Water, that then every
such person or persons so offending and being thereof convicted
before one or more Justice or Justices of the Peace* for the said
City and County of New York either by the Confession of the
Party or Parties so offending or the Oath of one or more Witness
or Witnesses (which Oath the said Justice or Justices of Peace
is and are hereby impowered and required to Adminicter) shall



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LAWS OF THE COLONY OF NEW YOEK. 18

for eyepy such Offence forfeit the Sum of twenty Shillings, the
said Forfeitures to be levied by distress and sale of the Goods
and Chattels of every such Offender by Warrant under the Hand
and Seal of the said Justice or Justices of the Peace before whom
such Conviction or Convictions shall be as aforesaid made, the
which Forfeitures to be to the use of the Poor of the said Qity of
New York; and if the said Offender or Offenders shall not paj;
the said Forfeiture or Forfeitures upon Conviction as aforesaid^
and want of sufficient distress whereon the same can be made^
that then every such Justice or Justices of the Peace is and are
hereby Impowered and required by Warrant under his or their
Hands and Seals to commit every such person or persons so as
aforesaid offending to the Common Goal of the City and County;
of New York, there to remain without Bail or Mainprize for the
Space of ten Days unless such Forfeiture or Forfeitures be
sooner paid: But In Case such Offender or Offenders in the
Premises last abovementioned shall happen to be a Slave or
Slaves and the Forfeiture or Forfeitures aforesaid on Conviction
as aforesaid shall not be forthwith paid, that then it shall and
may be lawful to and for such Justice or Justices before whom
the Conviction shall be to cause such Slave or Slaves to be
publickly Whiped on the naked Back such Number of Stripes as
he or they shall think proper not exceeding thirty nine, which
Punishment shall be in lieu and stead of the said Forfeiture;
This Act to be of force from the first Day of January one thou*
sand seven hundred and seventy, to the first Day of Januarji
which will be In the year of our Lord one thousand seven hun-
dred and seventy two,

[CHAPTER 1411.]

[Chapter 1411 of Van Schaack, where the act Is printed In folL Bee
diapter 890.]

[An Xct to encourage the destroying of

Wolves in the County of Albany.

[Passed, December 80, 1769.]
' iWHEBE^S an Act Intitled An Act to encourage the destroy*
ing of Wolves in the County of Albany passed in the twenty)
fourth Year of his late Majesty's Beign will expire the first Day,
of January next, and the said Act having been found usef ul, and
would be more so provided a greater Beward was allowed foe
destroying of Wolves and Whelps than is therein mentioned.



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U LAWS OF THE COLONT OF NEW YORK.

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 samo, that from and after the
first Day of January next and during the continuance of this Act
every Person whether a Christian or Slave who shall kill or
destroy a Wolf or it's Whelp in the County* of Albany shall have
A receive the Reward following, — that is to say; for every grown
Wolf, the Sum of twenty Shillings and for every Wolf under the
Age of one Year the Sum of fifteen Shillings, and that every
Native free Indian, shall have and receive one half of the said
Reward for Wolves killed and destroyed by them, and to the
End the Reward above mentioned may be truly paid and
discharged.

BE IT ENACTED by the Authority aforesaid that the Person
or Persons killing or destroying a Wolf or Wolves, and carrying
the Head or Heads thereof, with the intire Skin thereon within
three Days after killing the same to a 'ustice of the Peace resid-
ing in the said County, the said Justice shall and hereby is
obliged thereupon to give a Certificate thereof gratis, and to
mention therein the Name or Names of the Person or Persons that
killed such Wolf or Wolves, the Time when, and to distinguish
whether the same were full grown, or under the age of one Year:
after which the Ears of the Wolf or Wolfes so certifi-ed are to be
cut off in the presence of the said Justice, and such certificate
being produced to the Supervisors of the said County the said
Supervisors shall and hereby are obliged at their annual Meet-
ings to order the Treasurer of the said County to pay unto the
Person or Persons who so killed or destroyed the same, or to his
or their Assigns the Reward allowed and extablished by this
Act, and the said Reward shall be a County Charge, and raised
together with the other necessary and contingent Charges of the "
said County; this Act to be in force from the first Day of Jan-
uary next, until the first Day of January one thousand seven hun-
dred and seventy five.



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LAWS OF THE COLONr OF NEW TOEK. 15



[CHAPTER 1412.]

[Chapter 1412 of Tan Schaack, where the act Is printed In fall. See
chapter 48S.]

An Act to continue an Act intitled An

Act to revive an Act intitled An Act to im-

power the Justices of the Peace of the County

of Albany living or dwelling in the Township

of Schenectady in the said County to regulate

the Streets and Highways and to prevent

Accidents by Fire in the said Town.

[Passed, December 30, 1769.]
WH5!REAS an Act intitled An Act to revive an Act intitled
An Act to impower the Justices of the Peace of the County
of Albany living or dwelling in the Township of Schenec-
tady in the said County to regulate the Streets and
Highways and to prevent Accidents by Fire in the said Town
passed in the thirty third Year of his late Majesty's Reign will
expire on the first Day of January next unless the same be
continued.

BE IT THEREFORE ENACTED by his Honor the Lieutenant
Governor the Council and the General Assembly and it is hereby
enacted by the Authority of the same that the abovementioned
Act shall be, and hereby is continued from the first Day of Jan-
nary next until the first Day of January which will be in the
Xear of our Lord one thousand seven hundred and seventy five,

[CHAPTER 1413.]

[Chapter 1413 of Van Schaack, where the title only is printed. Amended
by chapter 1496. Expired January 1, 1773.]

An Act impowering the Justices of the
Peace living or dwelling in the Township of
Schenectady in the County of Albany to
establish and regulate a Night Watch, appoint
Firemen and other Purposes therein men-
tioned.

[Passed, December 80. 1769.]
WHEREAS the establishing a Watch and appointing Firemen
to manage the Fire Engine in the Township of Schenectady will
tend tb the safety and preservation of the Inhabitants thereof in
their Persons and Effects.



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16 LAWS OF THE COLONY OF NEW YORK*

BE IT THEREFORE ENACTED by Ms Honor the Lleutenanl
Ctoyemor, the Council and the General Assembly, and it is hereby
enacted by the Authority of the same that it shall and may be
Lawful to and for the Justices of the Peace living or dwelling in
the Township of Schenectady or the Major Part of them to meet
together in the said Township with all convenient Speed, after
the publication of this Act, and they are hereby required and
directed then and there at such Meeting to order establish and
regulate a Night Watch not exceeding six Men and an Officer
for each Night out of the Inhabitants of the said Township, who
shall and are hereby required and directed in their Turns in the
Night Time to keep Watch and Guard the said Township in such
Manner and at such Times and Pla-:es as the said Justices or the
major Part of them shall order and direct

AND BE IT FURTHER ENACTED by the Authority afore-
■aid that it shall and may be Lawful to and for the said Jus-
tices of the Peace or the major Part of them living or dwelling
in the said Township of Schenectady to make establish and
ordain such Rules Orders Ordinances and Regulations in respect
of the Government, Conduct, Duty and Behaviour of the said
Watch and Watchmen, and to impose and establish such reason-
able Fines, Penalties and Forfeitures upon them or any of them
for Default or Neglect of the Duties, Businesses and services
thereby to be enjoined or required from them as to the said Jus-
tices or the major Part of them shall from Time to Time seem
meet and convenient PROVIDED ALWAYS that no greater
Fine, Penalty or Forfeiture than six Shillings on an Officer and
three Shillings on every other Person or Watchmen shall be
imposed for neglecting or non-attending on Watch when warned.

AND BE IT FURTHER ENACTED by the Authority afore-
said that from and after the publication of this Act it shall and
may be Lawful to and for the Justices of the Peace dwelling or
residing in the said Township of Schenectady or the major Part
of them and they are hereby required with all convenient Speed
thereafter to elect nominate and appoint a sufficient Number of
strong, able, discreet, honest and sober Men willing to accept^
not exceeding twenty in Number, out of the Inhabitants of the
■aid Township to have the Care, Management, working and using
the said Fire Engine, and the other Tools and Instruments for
extinguishing of Fires that may happen within the said Town-
ship who are hereby required and enjoined always to 6e ready



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LAWS OF THE COLONY OF KEW YORK. 17

both by Day and Nigbt to manage, work, and nse the said Fire
Engine and the other Tools and Instruments for the Extinguish-
ing of Fires that may happen or'break out in the said Township;
and in order to compel and oblige the Firemen ibo to be elected
nominated and appointed as aforesaid to be diligent, industrious
and yigilent in the execution and discharge of their Office and
Duty.

AND BE IT FURTHER ENACTED by the Authority' afore-
said, that the Justices of the Peace living or dwelling in the
■aid Township of Schenectady, or the major Part of them are
hereby authorised and impowered to remove and dlspUce all or
any of the Firemen so as aforesaid to be elected nominated or
appointed, when and as often as they shall think fit, and others
In the Room or Places of such as they shall remove or displace
to elect nominate appoint and put in from Time to Time as they
the said Justices of the Peace for the Time being or the major
Part of them shall see convenient.

AND BE IT FURTHER ENACTED by the Authority afore-
said that the Persons so to be elected, nominated or appointed
Firemen as aforesaid, and each and every of them from Time to
Time during their continuance in the Office of Firemen and no
longer, shall and hereby are declared to be freed, exempted and
Privileged from the several Offices of Constable and Surveyor
of the Highways, and of and from serving as Jurors, and of and
from serving in the Militia, or any of the Independant Companies
of or in the said Township, or any or either of them, except in
cases of Invasion, or other imminent Danger.

AND BE IT FURTHER ENACTED by the Authority afore-
aaid, that it shall and may be lawful to and for the Justices of
the Peace aforesaid or the Major Part of them, to make establish
and ordain such Rules, Orders, Ordinances and Regulations in
respect of the Government Conduct, Duty and Behaviour of the
Persons from Time to Time to be by them elected nominated or
appointed Firemen by virtue of this Act for the purposes
aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
laid, that this Act shall be in force from the Publication thereof
until the first Day of January which will be In the Year of our
Lord one thousand seven hundred and seventy three*
VoLV. 8



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IS LLWa OE THE COLONY OF NEW TOBK.



[CHAPTER U14.]

[Ohapter 1414 of Tan Schaack, where the act la printed in foil. Bm
chapter 1286J

An Act to prevent Damages by Swine In
that Part of the Manor of Eensselaerwyck
called Cl^yerack.

[Passed, December SO, 1769.r

WHEREAS an Act intitled An Act to prevent Damages by
Swine in that Part of the Manor of Rensselaerwyck therein men-
tioned is by experience found to be a useful and beneficial Iaw^
and the extention thereof to that Part of the Manor of Rensselaer-
wyck called Claverack will therefore be serviceable to the Inhabi-
tants there

BE IT THEREFORE ENACTED by his Honor the Lieutenant
Governor, the Council and the General Assembly, and it is hereby
enacted by the Authority of the same that the said Act intitled*
*' An Act to prevent Damages by Swine in that Part of the Manor
of Rensselaerwyck therein mentioned passed in the sixth Year
of his present Majesty's Reign shall be and is hereby extended
to that Part of the Manor of Rensselaerwyck called Claverack.

[CHAPTER 1415.]

[Chapter 1415 of Van Schaack, where the title only !i orinted. See
chapter 1123. Bxplred January 1, 1772.]

An Act to continue an Act Intitled, an
Act to revive an Act intitled an Act for ihe
better relief of the Poor in Dutchess County.

[Passed, December 30, 1769.]
' 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 Act intitled An Act to revive
an Act entitled an Act for the better relief of the Poor in Dutchess
County shall be and hereby is continued, and every Clause
Article and Thing therein contained enacted to be and remain in
full force from the first Day of January next until the first Day
of January which will be in the Year of our Lord one thousand
seven hundred and seventy two.



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IiAWS OP THE OOLOifY OF HEW XOHiL. 1»



[CHAPTER 1416.]

[Ghaptar 1416 of Van 8chaack» where the act la printed in folL Bee
Chapter 1208J

An Act to revive an Act intitled An Act

to prevent the Diging of Pits for the taking

of Deer in Queens and Suffolk Counties^

[Passed, December 30, 1769.]

WHEREAS an Act Intitled An Act to prevent the diging of
Pits for the taking of Deer in Queens and Suffolk Counties passed
the eleventh of December one thousand seven hundred and sixty
two expired by it's own Limitation on January the first in tht
Year one thousand seven hundred and sixty five, and the same
having been found very useful and necessary.

BE IT THEREFORE ENACTED by his Honor the Lieutenant
Governor, the Council and the General Assembly and it is hereby
enacted by the Authority of the same that the abovementioned
Act intitled An Act to prevent the Diging of Pits for the taking
of Deer in Queens and Suffolk Counties, shall be and hereby is
revived, and every article Matter and Clause therein contained,
enacted to be and remain in full 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 five*

[CHAPTER 1417.]

[Chapter 1417 of Van Schaack, where the act Is printed in full. See
diapters 482 and 898.]

An Act to continue an Act intitled "An

'* Act to prevent the setting on. Fire or burn-

" ing the old Grass on Hampstead Plains with

**an Addition thereto."

[Passed, December 30, 1769.]
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 safne, that the Act intitled " An Act to pre-
^ vent the setting on Fire or burning the old Grass on Hamp-
** stead Plains,^' passed in the twelfth Year of the Reign of his late
Majesty King George the first, and by several subsequent Acts
continued to the first Day of January in the Year of our Lord
one thousand seven hundred and seventy, shall be and hereby is



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ao LAWS OF THE COLONY OF NEW YORK.

further continued and every clanse Article Matter and Thing
therein contained, enacted to be of full Force and Virtue to all
Intents, Constructions and purposes whatsoeyer, until the flrst
Day of January which will be in the Year of our Lord one thou-
sand seven hundred and eighty.

AND WHEREAS several of the Persons appointed in the
said Acts to put the same in execution with respect to the extin-
guishing of Fire, are either dead or removed from the respective
Plantations where they formerly resided, by which means the
good Ends and purposes thereby intended, may be frustrated, for
preventing whereof.

BE IT ENACTED by the Authority aforesaid that the Per-
sons hereafter named Viz't William Cornell Junior, Benjamin
Cheesman, John Williams, Richard Townsend Junior, Thomas
Willits, Solomon Powell, Richard Willits, John Robbins, Silas
Smith, Richard Powell, James Seaman, John Birdsal, John Jack-
son Esquire, David Batty, John Hall, and David Beadle, shall
be and hereby are appointed to put in execution the several
Powers and Authorities given by the said first mentioned Act,
to the Persons therein appointed for that Purpose, and the said
Persons above named are hereby vested with as full Power and
Authority in that respect, as if they had been appointed in and
by the said first mentioned Act, any Thing therein contained to
the contrary notwithstanding.

[CHAPTER 1418.]

[Chapter 1418 of Van Schaack, where the act Is printed in foIL Bee
chapters 599 and 692.]

An Act to continue an Act intitled An
Act to prevent the Penning and folding of
Bheep and Neat Cattle feeding on Hampstead
Plains.

[Passed, December 80, 1769.]

WHEREAS an Act intitled An Act to prevent the Penning and
folding of Bheep and Neat Cattle feeding on Hampstead Plains
passed in the seventh Year of his late Majesty's Reign, and by
several subsequent Acts continued to the first Day of January
in the Year of our Lord one thousand seven hundred and seventy,
and the said Act having been found beneficial.

BE IT THEREFORE ENACTED by his Honor the Lieutenant
Governor, the Council and the General Assembly, and it is hereby



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LAWS OF THE COLONY OP NEW TOEK. . 81

enacted by tHe authority of the same that the abovementioned
Act, intitled, An Act to prevent the Penning and folding of
Bheep and Neat Cattle feeding on Hampstead Plains shall be,
and hereby is continued and every Clause, Article, Matter and
Thing therein contained enacted to be of full Force and Virtue
to all Intents Constructions and purposes whatsoever until the
first Day of January which will be in the Year of our Lord one
thousand seven hundred and eighty.

[CHAPTER 1419.]
[Chapter 1419 of Van Schaack, where tbe act Is printed In fnUJ

An Act to enable the Freeholders and



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 2 of 92)