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 21 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 21 of 92)
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writing to the Lessee Tenant or other Person in possession, or
put up such Notice at some Public Place on the Premises, at the
same Time to appear before them the said Justices and Free-
holders to shew Cause if any he has why restitution of the pos-
session of the demised Premises should not be forthwith made
to such Landlord or Lessor, and if upon hearing the Parties, or in
Case of the Tenant's or other Person's claiming or coming into
possession under the said Lessee or Tenant, neglect to appear
after being summoned or notified as aforesaid, it shall appear to
the said Justices and Freeholders, the said Freeholders being
first duly sworn, that the Lessor or Landlord had been possessed
of the Lands or Tenements in Question, that he had demised the
eame for a Term of Years or at Will to the Person in possession
or some other under whom he or she claims or came into posses-
sion at a certain Yearly or other Rent, and that the Term is fully
ended, that he had demanded of the Lessee or other Person in
possession as aforesaid to leave the premises three Months before
such Application to the said Justices, that then and in every
such Case, it shall and may be lawful for the said three Justices
to make a Becord of such finding by them the said Justices and
Freeholders, and the said Freeholders shall assess such Damages
as they think Right, against the Tenant or other Person in pos-
session as aforesaid for the unjust Detention of the demised
premises from the Lessor thereof, for which Damages and reason-
able Costs Judgment shall be entered by the said Justices, which
Judgment shall be final and conclusive to the Parties, and upon
which the said Justices shall and they are hereby enjoined and
required to issue their Warrant under their Hands and seals
directed to the Sheriff of the County commanding him forthwith
to deliver to the Lessor full possession of the demised premises
aforesaid and to levy the Costs taxed by the Justices and
Damages, so by the Freeholders aforesaid assessed of the Goods
and Chattels of the Lessee or Tenant or other Person in posses-
sion as aforesaid any Law Custom or usage to the contrary
notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said that if any Person or Persons whatsoever shall or do here-
after enter and peaceably take and detain possession without



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20C LAWS OF THE COLONY OF NEW. TOEK.

Violence of any Lands or Dwelling House, Out House, or any
other Building whatsoever without the Consent of the Owner it
shall and may be lawful to and for the Owner of such Lands, or
dwelling House, Out House or other Building to complain thereof
to any one Justice of the Peace as herein before is directed, and
the said Justices shall proceed as aforesaid, and if it shall appear
to the said Justices and Jury that the Owner aforementioned had
been possessed of the Lands or Tenements in Question, and had
demanded of the Person so entering as aforesaid to leave tl^e
Premises before such application, that then and in such Case it
shall and may be lawful for the said three Justices to make a
Eecord thereof, and the Jury to assess the Damages, and for
granting Restitution of the Premises and the Recovery of such
Damages, and reasonable Costs the said Justices shall proceed
as herein before is particularly enjoined and required: this Act
to be in force from the Publication hereof until the first Day of
February one thousand seven hundred and seventy threew

(CHAPTER I486.]

[■Chapter 1488 of Van Schaack, where the act Is printed In fuU. 6e6
chapter 908. Continued by chapter 1571.]

[AlU Act to amend an Act intitled ''An Act
to prevent Frauds in Debtors", by extending^
the same to Executors and Administrators
residing out of this Colony whose Testators
or Intestates have Effects within the same.
[Passed* February 16, 1771.]

WHEREAS it frequently happens that Executors and Adminis-
trators after being duly qualified remove out of this Colony leav-
ing the Estates of their Testators or Intestates in the Hands and
possession of other Persons, by Means whereof the Creditors of
such Testators or Intestates are put to great Trouble and Expence
in the recovery of their just Debts, and many Times by such
Means intirely lose the same, to prevent which for the future.

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly, and it is hereby Enacted by the
Authority of the same, That the Lands Effects Goods and Chat-
tels of all and every Testator and Testators Intestate and Intes-
tates, situate lying or being within this Colony, the Executor or
Executors, Administrator or Administrators (whether with the



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LAWS OF THE COLONY OP NEW YORK. 207

Will annexed or otherwise) of which Testator or Testators, Intes-
tate or Intestates now are or hereafter shall be residing dwelling
or living out of this Colony, shall be liable to be taken and seized
for the payment of Debts in the same Manner and Form as is
directed ordered and appointed in and by the aforesaid Act inti-
tied, "An Act to prevent Frauds in Debtors," with respect to the
Effects Goods and Chattels of Persons residing out of this Colony.
AND BE IT ENACTED by the Authority aforesaid That
instead of the Oath ordered to be taken in and by the aforesaid
Act intitled, "An Act to prevent Frauds in Debtors", as the
Foundation for proceeding against the Effects of absconding
Debtors as is in & by the said Act directed, the Person or Persons
applying for an Attachment or Attachments against the Lands
Goods, Chattels and Effects of Testator or Intestates where the
Executor or Executors, Administrator or Administrators of such
Testator or Testators, Intestate or Intestates, dwell, live or reside
out of this Colony, shall make an AflSdavit, or Affirnation in
•Cases where by Law an Affirmation is allowed, That the Testator
or Testators, Intestate or Intestates at the Time of his her or
their Death, was or were, honestly justly and bonafide indebted

to such Person or Persons, in the Sum of . . . Current

Money of New York, over and above all Discounts, and that the
same (at the Time of taking such Oath or Affirmation) still
remains due owing and unpaid. This Act to continue of force
until the first Day of February one thousand Seven hundred and
Seventy three.

[CHAPTER 1487.]

[Chapter 1487 of Van Schaack, where the act is printed in full.]

An Act to prevent the Inconveniencies
arising from Delays of Causes after Issue
joined,

[Passed, February 16, 1771.]

WHEREAS many great inconveniencies have arisen to the
Inhabitants of this Colony by means of delaying the Trials of
Causes between Party and Party after Issue joined, for Eemedy
whereof,

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly, and it is hereby Enacted by the
Authority of the same. That where any Issue is or shall be joined



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VSSaS LAWS OP THE COLONY OP NEW TOEK.

fai any Action or Suit at Law in any Conrt of Record within this
Oolony, and the Plaintiff or Plaintiffs in any such Action or Suit
hath or have neglected, or shall neglect to bring such Issue on to
be tried according to the Course and practice of the said Courts
respectiyely, it shall and may be lawful for the Judge or Judges
of the said Courts respectively at any Time after such Neglect
upon Motion made in open Court (due Notice having been given
thereof) to give the like Judgment for the Defendant or Defend-
ants in every such Action or Suit, as in Cases of Nonsuit unless
the said Judge or Judges shall upon just Cause, and reasonable
Terms allow any further Time or Times for the Trial of such
Issue; and if the Plaintiff or Plaintiffs shall neglect to try such
Issue within the Time or Times so allowed then and in every such
Case the said Judge or Judges shall proceed to give such Judg-
ment as aforesaid.

PROVIDED ALWAYS and be it Enacted by the Authority
aforesaid. That all Judgments given by virtue of this Act shall
be of the like force and Effect as Judgments upon nonsuit, and of
BO other force or effect,

PROVIDED ALSO, That the Defendant or Defendants shall
upon such Judgment be awarded his her or their Costs in any
Action or Suit where he she or they would upon Nonsuit be enti-
fled to the same, and in no other Action or Suit whatsoever.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That from and after the first Day of May one thousand seven
hundred and seventy one, no Indictment, Information or Cause
whatsoever shall be tried before any Judge or Judges of any
Court of Record within this Colony, where the Defendant or
Defendants reside above forty Miles from the Place where the
Court is held in which such Cause shall be tried, unless Notice
of Trial in Writing has been given at least fourteen Days before
such intended Trial.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That in Case any Party or Parties shall have given such
Notice of Trial as aforesaid, and shall not afterwards duly coun-
termand the same in writing at least six Days before such
intended Trial every such Party shall be obliged to pay unto
the Party or Parties to whom such Notice of Trial shall have
been given as aforesaid the like Costs and Charges, as if such
Notice of Trial had not been countermanded.



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LAWS OP THE COLONY OE NEW. T0B2. 80»



(CHAPTER 1488.1

^ [Chapter 1488 of Van Scbaaclc, where the act Is printed In full. Con-
Unueil bj chaj^ter 1576.J

Kn Act for the apprehending of Persons
In any County or Place, upon Warrants
granted by Justices of the Peace of any other
County or Place.

[Passed, February 16, 1771J
(WHEREAS it frequently happens that Persons against whom
(Warrants are granted by the Justices of the Peace for the seyeral
Counties within this Colony, escape into other Counties or Places
out of the Jurisdiction of the Justices of the Peace granting such
(Warrants, and thereby avoid being punished fpr the Offences
jwherewith they are charged

For remedy whereof. BE IT ENACTED by his Excellency
the Governor the Council and the General Assembly, and It is
hereby Enacted by the Authority of the same, that from and after
the first Day of May next, in Case any Person against whom a
Warrant shall be issued in any Criminal Matter or Breach of the
Peace, by any Justice or Justices of the Peace of any City,
County, Borough, Town Manor or Place, out of the Jurisdiction of
the Justice or Justices granting such Warrant as aforesaid, it
shall and may be lawful for any Justice or Justices of the Peace
of the City, County, Borough, Town, Manor or Place where such
Person shall escape, go into, reside or be, and such Justice or
Justices is and are hereby required upon Proof being made upon
Oath, of the Hand Writing of the Justice or Justices granting
such Warrant to indorse his or their Name or Names on such
Warrant, which shall be a sufficient Authority to the Person or
Persons bringing such Warrant, and to all other Persons to
whom such Warrant was originally directed, to execute such
Warrant in such other City, County, Borough, Town, Manor or
Place out of the Jurisdiction of the Justice or Justices granting
such Warrant as aforesaid, and to apprehend and carry such
Offender or Offenders before the Justice who indorsed such
Warrant or some other Justice or Justices of such other City,
County, Borough, Town, Manor or Place where such Warrant
was indorsed in Case the Offence for which such Offender shall
be so apprehended in such other City County, Borough, Town,
Vol v. 27



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810 , HAWS OF THE COLONY OP NEWi YOBKL

tfanor or Place as aforesaid shall be bailable In Law and snclk
Offender shall be willing and ready to give Bail for his appear*
ance at the next General or Quarter Sessions of the Peace to be
held in and for the City, County, Borough, Town, Manor or Place
where the Offence was committed, such Justice or Justices of
such other City, County Borough, Town, Manor or Place before
whom such Offender or Offenders shall be brought, shall and may
take Bail of such Offender or Offenders, for his or their appear-
ance at the next General or Quarter Sessions of the Peace to be
held in and for the City, County, Borough, Town, Manor or Place
where such Offence was committed in the same Manner as the
Justices of the Peace of the City, County, Borough, Town, Manor
or Place should or might have done in such proper City, County,
Borough, Town, Manor or Place, and the Justice or Justices of
such other City, County, Borough Town, Manor, or Place so
taking Bail as aforesaid, shall deliver the Recognizances together
with the Examination or Confession of such Offender or Offend-
ers, and all other proceedings relating thereto to the Constable or
other Person or Persons so apprehending such Offender or
Offenders as aforesaid who are hereby required to receive the
same, and to deliver over such Recognizance, Examination end
other Proceedings to the Clerk of the Peace of the City, County,
Borough, Town Manor or Place where such Offender or Offend-
ers is or are required to appear by virtue of such Recognizance,
and such Recognizance, Examination or Confession shall be as
good and effectual in Law to all Intents and purposes, and of
the same Force and validity as if the same had been entered into
taken or acknowledged before a Justice or Justices of the Peace
in and for the proper City, County, Borough,. Town, Manor or
Place where the Offence was committed, and the same proceed-
ings shall be had thereon, and in case such Constable or other
Person to whom such Recognizance, Examination, Confession or
other Proceedings shall be so delivered aa aforesaid shall refuse
or neglect to deliver over the same to the Clerk of the Peace of
the City, County, Borough, Town, Manor or Place where such
Offender is required to appear by virtue of such Recognizance,
such Constable or other Person shall forfeit the Sum of ten
Pounds, to be recovered against him before any one of his
'Majesty's Justices of the Peace by any Person or Persons Who
mill prosecute or sue for the same and in Case the Offence for



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LkWS OF THE COLONY OP NEW YOKK. 211

which snch Offender or Offenders shall be apprehended and taken
In any City County Borough, Town Manor or Place shall not be
bailable in Law, or such Offender or Offenders shall not give Bail
for his appearance at the next General or Quarter Sessions of the
Peace to beheld in and for the City, County, Borough Town, Manor
or Place where the Offence was committed to the Satisfaction of
the Justice before whom such Offender or Offenders shall be
brought in such other City, County, Borough, Town, Manor or
Place, then and in that Case the Constable or other Person or
Persons so apprehending such Offender or Offenders, shall carry
and convey such Offender or Offenders before one of his Majesty's
Justices of the Peace of the proper City, County, Borough Town
Manor or Place where such Offence was committed there to be
dealt with according to Law.

AND IT IS HEREBY ENACTED by the Authority aforesaid,
That no Action of Trespass, false Imprisonment, Information or
Indictment, or other Action shall be brought sued commenced or
prosecuted by any Person or Persons whatsoever against the
Justice or Justices who shall indorse such Warrant, for or by
reason of his or their Indorsing such Warrant PROVIDED
NEVERTHELESS That such Person or Persons shall be at
liberty to bring or prosecute his or their Action or suit against
the Justice or Justices who originally granted such Warrant ii|
the same Manner as such Person or Persons might have done in
Case this Act had not been made.

AND BE IT FURTHER ENACTED by the Authority afore-
said that this Act shall be and remain in force until the first
Day of February one thousand seven hundred and seventy three*

[CHAPTER 1489.]

[Chapter 1489 of Van Scbaack, where the act is printed In full.]

An Act to prevent the taking and
destroying of Salmon in Hudson's River.

[Passed, February 16, 1771.]

' WHEREAS it Is thought that if the Fish called Salmon which
are very plenty in some of the Rivers and Lakes in this and the
neighbouring Colonies were brought into Hudson's River, that
they would by spawning there, soon become numerous to the
great Advantage of the Public



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aia LAWS OP THE COLONY OP lilSXt, YOin^

^ AND WHEREAS a Number of Persons In tlie Connty «f
Albany propose to make the Experiment, and defray the Ezi)ence
attending the same; In order that the good Design may be more
effectually carried into Execution, it is conceived necessary that
a Law should be passed for prohibiting the taking and destroying
the said Fish for a Term of Years.

BE IT THEREFORE ENACTED by his Excellency the Gover-
nor, the Council and the General Assembly, and it is hereby
Enacted by the Authority of the same, That if any Person or
Persons after the Publication of this Act, and for and during the
Term of five Years next to come shall take any Salmon in Hud-
son's RJver, or in any River, Creek or Brook emptying itself into
the same, and kill or destroy the same every such Person shall
for every Salmon he or she shall so take and kill or destroy, for-
feit the Sum of ten Pounds to be recovered with Costs of suit by
any Person who shall sue for the same before any one of his
Majesty's Justices of the Peace in any of the Counties within this
Colony, who is hereby impowered and required to hear and deter-
mine the same.

[CHAPTER U90.]

[Chapter 1490 of Van Schaack, where the act is printed In foIL 8es
cliapters 1364 and 1487.] .^■, -

An Act for the more effectual Recovery
of Duties arisen in the late Treasurer's Time
and remaining still unpaid.

[Passed, February 18, 1T7L1

WHEREAS it appears by the Report of Abraham Lett Esquire
the present Treasurer of this Colony that the Duties arisen in the
late Treasurer's Time and remaining in arrear and unpaid amount
to a considerable sum, the Recovery of which or great Part
thereof is attended with many Diflftculties for the following
Reasons.

1st: For that all Sums under ten Pounds arising from the
several Acts of the Legislature of this Colony are by the said
Acts directed to be immediately paid to the Treasurer, which
will be presumed to have been done unless a Bond or Note for
the same, or some other full proof of the sum lor Duties still
being due and unpaid is offered.



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lATVB OE THE COLONY OP NEW. TOBE 213

*2dlj: For thai IKe Bald several Acts of tie Legislature of tlito
Colony direct all sums for Duties above the Sum of ten Pounds
to be paid in three Months, and a Bond or Bill to b.e taken foe
securing the payment thereof at the Discretion of the Treasurer.

Sdly. That although the late Treasurer had in most if not all
Instances procured the Manifest or Beport of the Master, Mate
4)r Purser of every Vessel having dutiable Goods on Board agree-
able to the Directions of the several Duty Acts and opened
Entries to be signed by the Merchant Factor or Person importing
the said Dutiable Goods, yet in many Instances those Entries
were opened for one particular Person or Company (as are the
Words of the Manifest) which Company is not known, and many,
of the said Entries are not signed by the Merchant, Factor, or
Person importing, and the said late Treasurer conceiving the said
particular Entries to be the Bill directed by the said Duty Acts
by him to be taken to secure the said Duties has altogether
omitted to take any Bonds or other Bills to secure the said
Duties, of which many Persons now in arrear for Duties do avail
themselves. In Order therefore that Justice may be done to the
Public and the Duties now. in arrear and unpaid effectually)
recovered and collected.

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly, and it is hereby Enacted by the
Authority of the same. That in any Action or Suit already com-
menced or hereafter to be commenced by Abraham Lott Esquire
the present Treasurer of this Colony or the Treasurer of this
Colony for the Time being in virtue of an Act passed the third
Day of February in the year of our Lord one thousand seven
hundred and sixty eight intitled "An Act directing the Executors
** named in the last Will and Testament of Abraham DePeyster
** Esquire deceased late Treasurer of this Colony and Frederick
** DePeyster Esquire to deliver all Public Monies in their Hands
^ to the present Treasurer of this Colony, and for other Purposes
^therein mentioned," an Act passed the thirty first Day of
December in the aforesaid Year of our Lord one thousand seven
hundred and sixty eight intitled "An Act for amending an Act
** intitled "An Act directing the Executors named in the last Will
** and Testament of Abraham DePeyster Esquire deceased late
** Treasurer of this Colony, and Frederick DePeyster Esquire to
^ deliver all Public Monies in their Hands to the present Treas-
^ arer of this Colony^ and for other Purposes therein mentioned ^



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ai IA.WS OP THE COLOITY OE NEWS TOEE.

Xnd an Act passed tie twenty seventh Day of January In tte
Year of our Lord one thousand seven hundred and seventy
Intitled, "An Act impowering and directing the Treasurer of this
" Colony to sue for Duties still due to the late Treasurer of this
*' Colony, and other purposes therein mentioned/* it shall be and
is hereby declared to be full and sufficient Proof in Law to entitle
the said Treasurer to recover, to produce in support of such
Action OP Actions the said Entries in the said late Treasurer's
Books signed by the Defendant op Defendants their Testator op
Intestate, and proving by one op mope credible Witnesses the
Hand Writing of such Defendant op Defendants their Testatop op
Intestate, unless such Defendant op Defendants shall shew to the
Satisfaction of the Jury trying such Action op Actions that such
Defendant or Defendants their Testatop op Intestate have well
and truly paid and satisfied the said Duties for which such Action
OP Actions was brought.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That in all Instances where the said Entries are not signed
by the Merchant Factor or Person importing the said Dutiable
Goods, and where there is no other Proof to charge such Person
or Persons with the said Duties, than the Manifest in the lat6
Treasurer's Books Sworn to by the Master Mate or Purser of the
Ship OP other Vessel in which such dutiable Goods wepe
Impopted, it shall and may be lawful to and fop the said Abpaham
Lott the present Treasurer, or the Treasurer fop the Time being,
and he is hereby directed and required, except where Suit is
already commenced to signify in Writing to such Person or Per-
sons, that he she or they by the respective Manifests in which he
she or they is or are named appears to have imported into this
Colony at the Times in the Manifest mentioned, the several duti-
able Goods in the respective Manifests mentioned for which the
Duties appear to be in Arrear and unpaid, and that unless he she
OP they do within fifteen Days aftep the Receipt of such NoticcI
pay the same or make an Affidavit before one of the Judges of
the Supreme Court of this Province, or the Mayop of the City of
New York proving that the said Duties are well and truly paid
and satisfied and in what manner, or that he she or they was or
were not the Importer or Impoi*ters of the said Goods, and did
not receive the same either by himself herself or themselves op
any other Pepson for him hep op them, and delivep the said Affi-
davit to the said Abpaham Lott, or to the Treasupep f op the Time



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LAWS OP THE COLONY OF NEW. TOBK. 216

being, that a suit will be commenced for the Eecovery thereof,
which AflBdavit if made and delivered to the said Treasurer
within the Time, and according to the Form aforesaid shall be
received and accepted by the said Treasurer as a full and com-
pleat Discharge and acquittance to such Person or Persons. But
in Case the said Duties so demanded shall not be paid nor the
Affidavit made and delivered within the Time limitted in the said
Notice, that then it shall be lawful for the said Abraham Lott the
present Treasurer or the Treasurer for the Time being, and he
is hereby required and directed immediately to commence Suits
for the Recovery of such Duties, in which Action or Actions so to
be commenced or already commenced it shall be, and it is hereby
declared to be sufficient Proof to support the said Action or
Actions and entitle the said Treasurer to recover, to shew 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 21 of 92)