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 29 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 29 of 92)
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conditioned for the payment of the Duties herein before men-
tioned to the Treasurer of this Colony for the Time being, and in
all Things well and faithfully to behave according to the true
Intent and Meaning of this Act which Recognizance shall be filed
with the said Judge, or with the Mayor or Recorder of the City
of Albany, or with the Judge of the Inferior Court in the Counties



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28S LAWS OP THE COLONY OF NEW YORK.

before whom it shall be taken, and every snch Vendue Master or
Vendue Masters Auctioneer or Auctioneers, and every other
Person or Persons, who shall at any Time or Times during the
continuance of this Act, either for him her or themselves, or on
his her or their own Account, or for or on Account of any other
Person or Persons whomsoever sell or dispose of, any Goods Chat-
tels Wares, Merchandizes or Effects (except as is before excepted)
at Public Vendue, Auction or Out-cry shall at or within twenty
Days after the expiration of every three Months after the com-
mencement of this Act, render a just exact and true Account in
writing upon Oath, to the Treasurer of this Colony for the Time
being, or to the Mayor or Recorder for the City of Albany, or in
the Counties before one of the Judges of the Inferior Court of
Common Pleas (who are hereby respectively Authorized and
impowered to administer such Oath.) of all and singular the
Goods, Wares, Merchandizes and Effects with the Amount
thereof, which he she or they shall have so sold and disposed of,
at Public Vendue, Auction or Out-cry at each such sale as afore-
said and shall within twenty Days thereafter pay to the said
Treasurer for the Time being the Sum of two Pounds out of every
hundred Pounds value, for every such respective Sale, and at the
same Rate for a greater or lesser Value, which Oath shall be in
the following Words, vizt. 1. A. B. do swear upon the Holy
** Evangelists of Almighty God that the Account now exhibited
** by me and to which I have subscribed my Name contains a just
** and true Account of all the Goods, Wares Merchandizes and
" Effects sold by me or any Person or Persons under me within
** the Time in the said Account mentioned, which are liable to the
" Duty imposed by an Act intitlcd, An Act to Regulate the Sale
** of Goods at Public Vendue Auction or Out-cry within this
** Colony, so help me God '\ And if the said Vendue Master or
Vendue Masters, Auctioneer or Auctioneers neglect or refuse to
deliver such Account on Oath, and pay the Duty within the Time
limited as aforesaid he she or they so neglecting or refusing shall
respectively forfeit the Sum of one hundred Pounds for every
Offence, which Forfeiture the Treasurer of this Colony for the
Time being is hereby impowered and directed to sue for in any
Court of Record in this Colony, and when recovered shall remain
in the Treasury till disposed of by Act or Acts hereafter to be
made for that purpose.

AND BE IT ENACTED by the Authority aforesaid that any
Person or Persons presuming to sell or dispose of any Goods



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lAWS OF THE COLONY OP NEW YORK. 28T

Wares or Merchandizes (except as before excepted) unless enter-
ing into Recognizance as above directed shall forfeit the sum of
fifty Pounds for every Offence to be recovered and applied in the
manner above directed.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That the Treasurer of this Colony for the Time being shall
keep exact and distinct Accounts of the Monies arising and to
arise from Time to Time by virtue of this Act which Monies shall
remain in the Hands of the Treasurer till disposed of by Act or
Acts hereafter to be made for that purpose.

PROVIDED ALWAYS And be it Enacted by the Authority
aforesaid that the said Vendue Master or Vendue Masters,
Auctioneer or Auctioneers or any other Person or Persons for
them or either of them in the City of New York, shall not expose
to sale any Goods, Wares or Merchandizes liable to the Duty
aforesaid but at their respective Houses or Stores except Rum,
Sugar, Molasses, Indigo, Cotton, Coffee, Wine, Brandy, and Cord-
age under the Penalty of ten Pounds for every Offence to be
recovered and applied in the Manner before directed; This Act
to be in force until the first Day of February which will be in the
Year of our Lord one thousand seven hundred and seventy fi^e.

[CHAPTER 1517.]
[Ohapter 1617 of Van Schaack, where the act is printed in full.]

An Act for the better preventing frivo-
lous and vexatious Suits.

[Passed, February 26, 1772.]
BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly, and It is hereby enacted by the
tA.uthority of the same, that from and after the publication
hereof, where several Persons shall be made Defendants to any
Action or Plaint of Trespass, Assault, False Imprisonment, or
Ejectione firmae, and any one or more of them shall be upon the
Trial thereof acquitted by Verdict, every Person or Persons so
acquitted shall have and recover his Costs of Suit in like Manner
as if a Verdict had been given against the Plaintiff or Plaintiffs,
and acquitted all the Defendants, unless the Judge before whom
such Cause shall be tried, shall immediately after the Trial
thereof in open Court certify upon the Record under his Hand,
that there was a reasonable Cause for the making such Person or
Persons a Defendant or Defendants to such Action or Plaint.



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288 LAWS OF THE COLONY OF NEW YOBK.

AND BE IT FUBTHEB ENACTED by the Authority afore^
said, that if at any Time hereafter any Person or Persons shall
commence or prosecute in any Court of Becord any Action, Plaint
or Suit, wherein upon any Demurrer, either by Plaintiff op
Defendant, Demandant or Tenant, Judgement Shall be given by
the Court against such Plaintiff or Demandant, or if at any Time
after Judgment given for the Defendant in any such Action
Plaint or Suit, the Plaintiff or Demandant shall sue any Writ or
Writs of Error to annul the said Judgment, and the said Judg-
ment shall be afterwards affirmed to be good, or the said Writ of
Error shall be discontinued, or the Plaintiff shall be nonsuit
therein, the Defendant or Tenant in every such Action Plaint,
Suit or Writ of Error shall have Judgment to recover his Costn
against every such Plaintiff or Plaintiffs, Demandant or Demand-
ants, and have Execution for the same by Capias ad Satisfacien-
dum, Fieri facias, — or Elegit.

AND BE IT FUBTHEB ENACTED by the Authority afore-
said, that from and after the Publication hereof, in all Actions of
Waste wherein the single value or Damage found by the Jury,
shall not exceed the Sum of twenty Nobles, and in all Suits upon
any Writ or Writs of Scire facias, and Suits upon Prohibitions,
the Plaintiff obtaining Judgment or any Award of Execution
after Plea pleaded, or Demurrer joined therein, shall likewise
recover his Costs of Suit, and if the Plaintiff shall become non-
Suit or suffer a Discontinuance, or a Verdict shall pass against
him, the Defendant shall recover his Costs, and have execution
for the same in like Manner as aforesaid.

AND for preventing Wilful and malicious Trespasses BE IT
FUBTHEB ENACTED that in all Actions of Trespass to be com-
menced or prosecuted from and after the publication hereof in
any Court of Becord wherein at the Trial of the Cause it shall
appear and be certified by the Judge under his Hand, upon
the Back of the Becord. — that the Trespass upon which any
Defendant shall be found guilty, was wilful and malicious, the
Plaintiff shall recover not only his Damages, but his full Costs
of Suit, any former Law to the contrary notwithstanding.

PBOVIDED ALWAYS that Nothing herein contained shall be
construed to alter the Laws in being as to Executors or Adminis-
trators, in such Cases where they are not at present liable to the
payment of Costs of Suit.

AND BE IT FUBTHEB ENACTED that in all Actions to be
commenced in any Court of Becord from and after the publication



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LAWS OF THE COLONY OF NEW YORK. 289

hereof, If any Plaintiff happen to Die after an interlocntory Judg-
ment, and before a final Judgment obtained therein, the said
Action shall not abate by reason thereof, if such Action might be
originally prosecuted or maintained by the Executors or Admin-
istrators of such Plaintiff; and if the Defendant die after such
interlocutory Judgment, and before final Judgment therein
obtained, the said Action shall not abate if such Action might be
originally prosecuted or maintained against the Executors or
Administrators of such Defendant; and the Plaintiff, or if he be
dead after such interlocutory Judgment, his Executors or Admin-
istrators shall and may have a Scire facias against the Defendant
if living after such interlocutory Judgment, or if he died after,
then against his Executors or Administrators to shew Cause why
Damages in such Action should not be Assessed and recoTered
by him or them, and if such Defendant his Executors or Adminis-
trators shall appear at the Return of such Writ, and not shew or
alledge any Matter suflScient to arrest the final Judgment, or
being returned warned, or upon two Writs of Scire facias, it be
returned, that the Defendant, his Executors or Administrators
had Nothing whereby to be summoned, or could not be found in
the County, shall make Default, that thereupon a Writ of inquiry
of Damages shall be awarded, which being executed and returned
Judgment final shall be given for the said Plaintiff, his Executors
or Administrators, prosecuting such Writ or Writs of Scire
facias, against such Defendant his Executors or Administrators
respectively.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that if there be two or more Plaintiffs or Defendants, and
one or more of them should die; if the Cause of such Action shall
survive to the surviving Plaintiff or Plaintiffs, or against the sur-
viving Defendant or Defendants, the Writ or Action shall not be
thereby abated, but such Death being suggested upon the Record,
the Action shall proceed at the suit of the surviving Plaintiff or
Plaintiffs, against the surviving Defendant or Defendants.

AND BE IT FURTHER ENACTED that in all Actions which
from and after the publication hereof, shall be commenced or
prosecuted in any Court of Record upon any Bond or Bonds, or
on any penal Sum for non-performance of any Covenants or
Agreements in any Indenture, Deed or Writing contained, or
upon any Bond or Bonds, with any Condition other than for pay-
ment of Money, the Plaintiff or Plaintiffs may assign as many
VoLV. 87



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290 LAWS OF THE COLONY OF NEW YOBKi

Breaches as he or they may think fit, and the Jury upon Trial of
such Action or Actions shall and may assess, not only such
Damages and Costs of Suit as have heretofore been usually done
In such Cases, but also Damages for such of the said Breaches so
to be Assigned, as the Plaintiff upon the Trial of the Issues shall
prove to have been broken, and that the like Judgment shall be
entered on such Verdict as heretofore hath been usually done in
such like Actions, and if the Judgment shall be given for the
Plaintiff on a Demurrer, or by Confession, or Nihil dicit, the
Plaintiff upon the Roll may suggest as many Breaches of the
Covenants, Conditions and Agreements as he shall think fit, upon
which shall issue a Writ to the Sheriff of that County where the
Action shall be brought to summon a Jury to Appear in the Court
where the Action shall be brought, if such Court sits in the same
County where the Action shall be brought, or in Case the Court
in which the Action is brought does not sit in the County where
the Action is laid, then before the Justices or Justice of Assize or
Nisi prius of that County where the Action shall be brought, to
Inquire of the Truth of every one of those Breaches, and to Assess
the Damages that the Plaintiff shall have sustained thereby, in
which Writ if to be executed before the Justices of Assize or Nisi
prius, it shall be commanded to the said Justices or Justice of
Assize or Nisi prius that he or they shall make a Return thereof
to the Court from whence the same shall issue, at the Time in
such Writ mentioned, and in Case the Defendant or Defendants
after such Judgment entered, and before any Execution executed,
shall pay unto the Court where the Action shall be brought to
the use of the Plaintiff or Plaintiffs, or his or their Executors or
Administrators, such Damages so to be assessed, by reason of all
or any of the Breaches of such Covenants, together with the Costs
of Suit, a stay of Execution of the said Judgment shall be entered
upon Record, or if by reason of any Execution executed the
Plaintiff or Plaintiffs, or his or their Executors or Administrators
shall be fully paid or satisfied all such Damages so to be assessed,
together with his or their Costs of suit, and all reasonable
Charges and Expences for executing the said Execution, the
Body, Lands or Goods of the Defendant shall be thereupon forth-
with discharged from the said Execution, which shall likewise be
entered upon Record, but notwithstanding in each Case such
Judgment shall remain, continue and be as a further Security to
answer to the Plaintiff or Plaintiffs, and his or their Executors op
Administrators, such Damages as shall or may be sustained for



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LAWS OP THE COLONY OP NEW YOBK. 291

farther Breach of any Covenant op Covenants, Condition or Con-
ditlonSy in the same Indenture Deed op Writing contained, upon
^hich the Plaintiff or Plaintiffs may have a Scire facias upon the
said Judgment against the Defendant, or against his Heir Terre*
Tenants, or his Executors or Administrators suggesting other
Breaches of the said Covenants or Agreements and to summon
him or them respectively to shew Cause why Execution shall not
be had or awarded upon the said Judgment, upon which there
shall be the like proceeding as was in the Action of Debt upon
the said Bond or Obligation for assessing of Damages upon Trial
of Issues joined upon such Breaches or inquiry thereof upon a
Writ to be awarded in Manner as aforesaid, and that upon pay-
ment or Satisfaction in manner as aforesaid of such future
Damages, Costs and Charges as aforesaid all further proceedings
on the said Judgment are again to be stayed, and so toties
quotles, and the Defendant his Body, Lands or Goods shall be
discharged out of Execution as aforesaid.

[CHAPTER 1518.]
[Chapter 1618 of Van Schaack, where the act is printed in f ulL]

An Act to confirm certain Acts and
Orders made by Justices of the Peace being
of the Quorum, notwithstanding any Defect
in not expressing therein that such Justices
of the Peace are of the Quorum.

[Passed, February 26, 1772.1
WHEREAS Authority is given by divers Laws to two or more
Justices of the Peace, whereof one or more are to be of the
Quorum. AND WHEREAS divers Acts, Orders, Adjudications,
Warrants and other Instruments done, made and executed, by
two j>r more Justices of the Peace without expressing that they
are, or that one of them is of the Quorum, have been, and may be
for that Reason only, impeached set aside, and vacated.

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 publication
hereof, no Act order, Adjudication, Warrant or other Instrument
already made done or executed, or hereafter to.be made done or
executed by two or more Justices of the Peace, which doth not
express that one or more of the Justices is or are of the Quorum,
shall be impeached, set aside, or vacated for that Defect only any
Law Usage or Custom to the contrary notwithstanding.



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292 LAWS OF THE CX)LONY OP NEW YOBK.



[CHAPTER 1519.]

[Obapter 1619 ot Van Scbaack, where the act U printed In fnlL Bee
chapter 1480.]

An Act to revive an Act intitled. **An
. " Act to prevent Frauds in Barr Iron, exposed
"to sale in this Colony.*'

[Passed, Febmary 26, 1772.]

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 Act intitled "An Act to prevent
^ Frauds in Barr-Iron exposed to sale in this Colony.*' passed in
the tenth Year of the Beign of his present Majesty, shall be and
hereby is revived from the Publication hereof until the first Day
of February, which will be in the Year of our Lord one thousand
■even hundred and eighty.



[CHAPTEB 1520.]

[Chapter 1620 of Van Schaack, where the title only is printed. See chap-
ter 1438. Continued by chapter 1604.]

An Act further to continue an Act
entitled. '^An Act to restrain Hawkers and
"Pedlars within this Colony from selling
" without Licence."

[Passed, February 26, 1772.]

WHEBEAS the Act intitled. "An Act to restrain Hawkers
*and Pedlars within this Colony from selling without Licence.'*'
will expire by its own Limitation on the first Day of February
1772.

BE IT THEBEFOBE 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 the said Act intitled
" An Act to restrain Hawkers and Pedlars within this Colony
" from selling without Licence." shall be and hereby is continued
from the expiration thereof until the first Day of February one
thousand seven hundred and seventy three, any Thing in the said
Act contained to the contrary hereof in any wise notwithstanding.



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LAWS OF THE COLONY OP NEW. YORK. 2M

[CHAPTER 1521.]

[Chapter 1621 of Tan Bdiaadc, wbere the act Is printed In full. 8e«
diapter U68.]

An Act to amend an Act intitled "An Act
''for the better determination of Personal
** Actions depending upon Accounts.*'

IPassed, Febraary 26, 1772.]

WHEREAS the aforesaid Act Intitled "An Act for the better
determination of Personal Actions depending upon Accounts is
confined to the Supreme Court of this Colony. AND WHEREAS
the same Reasons exist for investing the Inferior Courts of Com-
mon Pleas in this Colony, and the Mayor's Courts of the Cities of
New York and Albany, with the same Powers as are in and by the
said Act given unto the Supreme Court of this Colony.

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 the aforesaid Act
intitled. "An Act for the better determination of Personal
Actions depending upon Accounts." and every Article, Clause
and Thing therein contained shall be and hereby is extended to
the Inferior Courts of Common Pleas in this Colony, and the
Mayor's Courts of the Cities of New York and Albany and the
Judges of the said Inferior Courts and Mayor's Courts of the
Cities of New York and Albany are hereby vested with the like
Powers and Authorities as are given unto the Judges of the
Supreme Court of this Colony in and by the aforesaid Act
intitled "An Act for the better determination of personal
Actions depending upon Accounts." any Thing therein contained
to the contrary thereof in any wise notwithstanding.

PROVIDED ALWAYS That Nothing in this Act contained
shall be construed to extend to any other Suits or Actions than
those, the Parties in which both reside in the County where the
same is or are brought.

[CHAPTER 1522.]

[Chapter 1522 of Van Schaack, where the act Is printed In fulL Set
chapter 1410.]

An Act to revive and continue an Act

Intitled " An Act for the more effectual pre-

^ vention of Fires in the City of New York."

[Passed, February 26, 1772.J

WHEREAS an Act intitled " An Act for the more effectual

* prevention of Fires in the City of New York." expired on the



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291 LAWS OP THE COLONY OP NEW YORK.

first Day of this Instant Month of January, and the same hav-
ing been found useful and Necessary.

BE IT THEREPORE 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 the said Act shall be,
and hereby is revived, and every Clause Matter and Thing in the
same contained, enacted to be and remain in full force from the
Publication hereof until the first Day of Pebruary in the Year
of our Lord one thousand seven hundred and Seventy Seven.

• ^CHAPTER 1523.]
[Chapter 1623 of Van Schaack, T^here 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 Sum not
exceeding one hundred and fifty Pounds for
the Purposes therein mentioned.

[Passed, February 26, 1772.]
WHEREAS the Establishment of a regular well constituted
Night- Watch and Lighting of Lamps within the City of Albany
has not only been found convenient, but also necessary for the
safety of it's Inhabitants and others.

BE IT THEREFORE ENACTED by his Excellency the Qover-
nor the Council and the General Assembly, and it is hereby
enacted by the Authority of the same, That the Mayor, Recorder
Aldermen and Commonalty of the City of Albany for the Timd
being, or the Major Part of them whereof the Mayor or Recorder
to be one, shall have full power and Authority and are hereby
fully impowered and authorized at any Time before the last
Day of March one thousand seven hundred and seventy two, to
order the raising a Sum not exceeding one hundred and fifty
Pounds by a Tax upon the Estates real and personal lying and
being within the said City, of all and every the Freeholders,
Freemen, Inhabitants Residents and Sojourners living within
half a Mile from Hudson's 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 and lighting the said Lamps 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



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LAWS OP THE COLONY OF NEW YORK. 295

be raised by virtue of an Act of the Governor the Council and
the General Assembly of the Colony of New York 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 maintain-
" ing the Poor and preventing Vagabonds/' made and passed the
nineteenth Day of June one thousand 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 col-
lected levied and paid by the same Collector and at the same ^
Time as tbe Tax raised by virtue of the Act aforesaid hath been
accustomed and shall be paid into the Hands of such Person as
the Mayor Recorder 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 Common-
alty in Common Council convened for the uses aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
said that the Collectors 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 Common-
alty, 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 mean-
ing 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
by them or either of them and thereof shall be lawfully con-
victed 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 neglect or refuse to
pay the several Rates and Assessments wherewith he or they
shall be charged by this Act for or in respect of his and their
Goods and Chatties, Lands or Tenements upon Demand of the



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290 LAWS OF THE COLONY OP NEW TOEK.



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 29 of 92)