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 30 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 30 of 92)
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Collector appointed to receive the same, that then It shall and
may be lawfall to and for such Collector, and he is hereby
reqnired for nonpayment thereof, by Warrant nnder the Hand
of the Mayor Recorder Aldermen and Commonalty of the said
City for the Time being or the Major Part of them to distrain
npon the Ooods and Chattels of the Person or Persons so refus-
ing or neglecting to pay, and for want of Goods or Chattels
to distrain in and upon the Messuages Lands and Tenements so
charged, and the Goods and Chattels then and there faund and
the Distress so taken to carry away, and the same to expose to
sale within the said City for the payment of the said Rate or
Assessment, and the Overplus if any be, over and above the
Charges of taking and carrying away the said Distress to be
immediately returned to the Owner thereof.

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

[CHAPTER 1524.]

[Ohapter 1524 of Van Scbaack, where the act is printed in fnlL Sea
chapter 1483.]

An Act to extend to the County of West-
chester an Act intitled " An Act to appoint
" Inspectors of Flour and Repackers of Beef
''and Pork in the several Counties therein
" mentioned."

[Passed, February 26, 1772.]

BE IT ENACTED by his Excellency the Governor, the Coun-
cil and the General Assembly and it is hereby enacted by the
Authority of the same. That the Act intitled. "An Act to
" appoint Inspectors of Flour and Repackers of Beef and Pork,
'Mn the several Counties therein mentioned." passed the six-
teenth Day of February, one thousand seven hundred and seventy
one, shall immediately after the Publication hereof extend to
the County of Westchester.

AND BE IT ENACTED by the same Authority, That John
Johnson of the Manor of Cortlandt Gilbert Merritt, Gilbert Hor-
ton and Benjamin Ferris shall be and hereby are appointed the
Officers for viewing and examining all such Flour, and that



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LAWS OP THE COLONY OF NEW. YOBK. 291

Danfel Strang of the Manor of Cortlandt, and the said Gilbert
Merritt, Gilbert Horton and Benjamin Ferris shall be and hereby
are appointed Bepackers of Beef and Pork intended to be shipped
or laden on Board of any Vessel in the County of Westchester
to be thence exported out of this Colony, and shall respectively
have the same powers, proceed in" the viewing and examining of
Flour in the same Manner, and be subject to the same Forfeitures
as the several Officers named in the abovementioned Act are,
any Thing in the abovementioned Act to the oonirary^
notwithstanding.

[CHArTEB 1525.]
tOfaapter 1626 of Van Schaack, where the act is printed In full.]

An Act to enable the Justices, Churcli-
Wardens and Vestry of the Parish of West-
Chester in the County of West Chester to
raise a Bum not exceeding five hundred
Pounds for the purposes therein mentioned.
[Passed, February 26, 1772.]
WHEBEAS the want of proper Begulations for relieving the
Poor in the Parish of West Chester has not only occasioned many
Inconveniencies as well as much Expence to the Inhabitants of
the said Parish, but has also prevented the Monies expended from
fully answering the humane and benevolent purposes for which
they were intended ; for Bcmedy whereof, and in order to make
a suitable Provision for the impotent poor, to provide Work for
such as are able and cannot otherwise get Employment* and to
establish a place of Correction for idle and disorderly Persons
within the said Parish.

BE IT ENACTED by his Excellency the Governor, the Coun-
cil and the General Assembly and it is hereby enacted by the
Authority of the same, That the Justices of the Peace dwelling
within the said Parish, tiiat if to say within Westchester East*
Chester, Yonkera and the Manor of Pelham, and the Church War-
dens and Vestry of the said Parish for the Time being or the
major Part of them annually elected by the Inhabitants thereof,
shall be authorized and impowered, and they are hereby directed
and required within some convenient Time after the Publication
of this Act to raise fl Bum not exceeding five hundred Pounds
by a Taxation on the Inhabitants of the said Parish, which Tax
shall be assessed by the said Justices. Church Wardens and yei-
88



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298 lAWS OP THE COLONY OF NEW YOBBu

try or a Major Part of them In a Manner as nearly proportioned
as may be to the respective Rates and Quotas assessed and im-
posed on the Inhabitants of the said Parish at the last Assess-
ment made for the County of Westchester by the Supervisors of
said County, and shall be levied and collected by Warrant from
the said Justices, Church Wardens and Vestry, or a major Part
t)f them, directed to the Collector or Collectors of th^ said
Parish in like Manner as the necessary and contingent County
Charges have heretofore been levied and collected within the
said Parish; And the said Sum being so assessed levied and col-
lected the Justices, Church Wardens and Vestry within the said
Parish for the Time being or the major Part of them are Author-
ized and directed with Part of the said Money to purchase a
Lot of Ground within the said Parish and thereon to erect and
build a House with Appartments suitable for the purposes herein
after mentioned, which said Lot so purchased shall be vested in
and held by the said Justices, Church Wardens and Vestry their
Successors and Assigns for the Time being, who are hereby
Imnowered to take and hold such Estate in Trust for the Uses
and purposes in this Act mentioned forever.

AND BE IT FURTHER ENACTED by the Authority Afore-
said, That the Justices of the Peace, Church Wardens, and Ves-
try of the said Parish for the Time being or a major Part of
them shall from Time to Time take Order for the Relief of the
lame, old, blind, and such other Poor as are not able to work^
and also for setting to work all such other persons, married or
unmarried who have no visible Means ^o Maintain themselves,
and shall in like manner be empowered to purchase Materials
and stuff whereon to set them at work, and to bind poor Children
Apprentices until each Boy shall attain to the age of twenty one,
and each Girl to the age of eighteen Years.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Buildings to be erected in manner aforesaid, shall
be also a House of Correction, for the Direction and Superin-
tendency over which the said Justices, Church Wardens and
Vestry for the Time being or a major Part of them slip 11 appoint
such Person or Persons as Overseers and with such Allowance
as they shall think proper; and to which House of correction
it shall be lawful for any one Justice of the Peace dwelling in the
said Parish to commit idle, disorderly, and vagrant Persons, that
is to say all such who not having wherewith to maintain them-
selves, live idle without Employment, and also all such as go



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LAWS OP THE COLONY OP NEW YORK. 29»

about within the said Parish to beg or gather Alms (the said
Offenders being thereof first convicted before the said Justice by
his own View or Confession or Oath of one Witness) and the
said Offenders being so committed, it shall be lawful to keep
them to hard Labour for the Space of one Month, and if they
shall afterwards repeat the same Offense, they may again be
committed, and besides being put to hard Labour, they Jiay
be punished by Whipping in such manner as the said Justices,
Church Wardens and Vestry for the Time being, or a major Part
of them shall direct.

[CHAPTER 1526.]
[Chapter 1526 of Van Schaack, where the title only is printed. See chap-
ter 1453. Expired the 1st of January, 1773. Provided for by chapter 1624.]

An Act to extend an Act intitled "An
" Act for the better regulation of the Public
" Inns and Taverns in the Counties of Ulster
" and Orange. ' to the City and County of
Albany with an Addition thereto.

[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
Authority of the same, that a certain Act of the Legislature of
this Colony passed the twenty seventh Day of January one thou-
sand seven hundred and seventy intitled. " An Act for the better
" regulation of the Public inns and Taverns in the Counties of
"Ulster and Orange." shall be and hereby is extended to the
City and County of Albany, any Thing in the said Act to the
contrary hereof notwithstanding.

PROVIDED ALWAYkS, that Nothing in the said Act shall be
construed to abridge or diminish the rights of the Corporation
of the City of Albany.

[CHAPTER 1527.]

[Chapter 1527 of Van Schaack» where the act Is printed in fulL See
diapter 726.]

An Act to amend an Act intitled "An
•* Act for returning Neat CCittle and Sheep to
** their Owners." so far as it relates to fiuf-
folky Queens and Westchester Counties.

[Passed, February 26, 1773,1
WHEREAS by the Second Section of the Act intitled, « An Act
for returning Neat Cattle and Sheep to their OwnerB." passed the



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800 LAWS OP THE COLONY OF NEW YORK.

twenty aeventh Day of November, one thousand aeven hundred
and forty one^ it is enacted that if no Owner or Owners shall
appear to claim the said Neat Cattle within the space of one
Year after the first Notice given to the Clerk, then the possessor
or possessors are thereby required to sell them at Vendue to
the highest Bidder, which being found inconvenient, to prevent
the same 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 if no Owner or Owners shall appear
to claim the said Neat Cattle in either of the Counties of Suffolk,
Queens and Westchester, after the first Notice given to the Clerk
as by the aforesaid Act is directed, that in su'^h Case the
possessor or Possessors of them are hereby directed to sell them
at Public Vendue to the highest Bidder, on the first Tuesday of
May then next following, first giving notice, at least fourteen
Days, as is directed by the abovesaid Act, and the Money arising
from such Sale or Sales, shall be kept and disposed of accord-
ing to the Direction of the above recited Act, any Thing con-
tained in the said Act to the contrary in any wise
notwithstanding

[CHAPTER 1528.J
[Chapter 1528 of Van Schaack, where the act is printed In fall.]

An Act to prevent the use of Spirituous
Liquors at Vendues in the Counties of Ulster
and Orange.

[Passed, February 26, 1772.]
WHEREAS the use of Spirituous Liquors at Vendues hath
heretofore been productive of Evil consequences by Intoxicating
the Bidders; who in such Condition frequently bid high and
extravagant Prices for Articles of small value and of which they
don't Stand in need, to the great distress of many poor Families:
And in as much as the Laws for the Prevention thereof in the
Counties of Ulster and Orange are expired.

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 oi
Persons whomsoever shall presume after the first Day of Marcfi
next to give or sell any Spirituous Liquors at any Vendue within
either of the said Counties of Ulster or Orange, or shall procure
the same to be done by any other Person or Persons either at
the House or place where such Vendue may be held, or at any



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LAWS OF THE COLONY OF NEW YORK. 801

other place within one Mile of such Vendue nnder any pretence
whatsoever contrary to the true Intent and meaning of this Act,
snch person or persons shall forfeit and pay the sum of five
Pounds for each person to whom he or they shall sell or give
Spirituous Liquors as aforesaid to be recovered in distinct suits
before any one of his Majesty's Justices of the Peace for the
County where the Offence shall be committed, together with
Costs of Suit; the one half of said Forfeitures to be for the use
of him or them who shall sue for the same, and the other Half
for the use of the Poor of the Town Manor or Precinct where
such Forfeiture shall arise.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That this Act shall be in force until the first Day of March
which will be in the Year of our Lord one thousand seven hun-
dred and eighty. Provided always, that no Penalty shall be
incurred by this Act, if the Person or Persons to whom such
Spirituous Liquor shall be sold, shall not be a Bidder at sucli
Vendue, either by himself, or any other Person for him.

[CHAPTER 1529.]

[Cbapter 1529 of Van Schaack, where the act Is printed In full. See
chapter 1311.]

An Act to revive and continue an Act

Intitled, "An Act for laying out regulating
''and keeping in repair common and Publio
" Highways in the County of Cumberland.'*
[Passed, February 26, 1772.]
WHEREAS an Act intitled. "An Act for laying out regulating
^and keeping in Repair common and publio Highways in the
" County of Cumberland." made and passed the nineteenth Day
of December in the seventh Year of his present Majesty's
Reign expired on the first Day of January one thousand seven
hundred and seventy one. AND WHEREAS the said Act has
been found Beneficial to the Inhabitants of the said County of
Cumberland.

BE IT THEREFORE ENACTED by his Excellency the Gov
emor 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 laying out regulating and keeping in repair
" common and Public Highways in the County of Cumberland.^
shall be and hereby is revived and continued, and every Article
Matter Clause and Thing therein contained is hereby enacted to
be remain and continue in full force and virtue to all Intent*



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802 LAWS OP THE COLONY OF NEW YOBK.

and purposea whatsoever until the flnrt Day of Pebmary wMcB
will be in the Year of our Lord one thousand seven hundred and
Seventy seven.

[CHAPTER 1530.]
[Ohapter 1530 of Van Schaack, where the act U printed in full.]

An Act for regulating of Inns and Tav-
erns in the County of Cumberland.

LPassed, February 26, 1772.]

WHEREAS there Is at present no Law to regulate the keeping
of Taverns and Inns in the County of Cumberland, by means
whereof many improper persons have set up Inns and Taverns
in the said County, which has a manifest Tendency to encourage
Gameing Drunkenness and Idlensess to the great Scandal of
Beligion and Impoverishment of many of the Inhabitants of the
said County.

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor, the Council and the General Assembly, and it is hereby
enacted by the Authority of the same. That the Court of General
Sessions of the peace for the said County of Cumberland, shall
be and hereby are Authorized and impowered to grant Licenses
at their said Court of General Sessions to such persons as the
Justices of the said Court shall think proper to sell and retail
Strong Liquors within the said County, which Licences so to be
granted, or a Note or Minute thereof shall from Time to Time
be entered by the Clerk of the said Court of General Sessions of
the Peace, in the Records of the said Court.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That it shall and may be lawful for the Justices of the said
Court to demand and receive for every such Licence as shall be
granted by them as aforesaid, the Sum of three Shillings and no
more, and for the Clerk of the said Court to demand and receive
for entering the said Licences or a Minute thereof in the Records
of the said Court the sum of two Shillings and no more.

AND BE IT FURTHER ENACTED by the Authority afore-
said That from and after the next Court of General Sessions of
the peace to be holden for the said County of Cumberland no
person or persons within the said County, shall sell by retail
any Rum, Brandy, Wine or Spirits of any kind under the Quan-
tity of one Quart, nor any Cyder, Strong Beer, Metheglin or any
such Strong Liquor or any mixt Liquors directly or indirectly,
under tbp Quantity of five Gallons, except thereunto licenced as
herein is before directed^ on pain of forfeiting the Sum of



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LAWS OP THE COLONY OP NET7 YORK. 803

twenty Shillings Current Money of this Colony for every Oflfence
to be recovered by Action of Debt op otherwise before any one
Justice of the Peace of the said County with Costs of Suit by
any person or persons that shall or will sue for the same, one
half of which Forfeiture shall be paid to the person or persons
that shall sue for the same, and the other half shall be paid to
th e Overseers of the Poor of the said County for the Time being
to be applied by them for the use of the Poor of the said County,
pj:<'.v^'*^®^ ^^^ person or persons Transgressing be duly convicted
of such Offence within two Months after the same shall be
committed.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That all such Licences shall be made to continue for one
Year only from the Date thereof, and that the Justices of the
said Court of General Sessions of the Peace for the said
County shall cause this Act to be publickly read once in every
Year in the said Court of Sessions.

AND BE IT FURTHER ENACTED that this Act shall con-
tinue in Force until the first Day of February which will be in
the Year of our Lord one thousand seven hundred and seventy
seven.

[CHAPTER 1531.]
(Chapter 1591 of Van Schaack, where the title only is printed.]

An Act for confirming to Zebulon
Williams, second Son of Temperance the
Daughter of John Williams late of Jericho in
the liounds of Oyster Bay in Queen's Coun+y
in the Province of New York Yoemat.
deceased, and to Robert Williams, second
Son of Hannah another Daughter of the said
John Williams, who were heretofore respect-
ively called Zebulon Seaman, and Robert
Seaman, the Sirname of Williams which they
have lately respectively assumed conform-
able to the last Will and Testament of the
said John Williams devising to them certain
Lands in the Township of Oyster Bay, in the
Parish of Hempstead.

fPassed. February 26, 1772.1
BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly, and it is hereby enacted by the



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8M LAWS OF THE COLONY OP NEW YORK.

Authority of the Same, that it shall and may be lawful to and
for the said Zebulon and Bobert and each of them respective! j
to bear and use the Sirname of Williams instead of the Birname
of Beaman: and that the said Zebulon and Bobert, shall and may
respectively, by the respective Names of Zebulon Williams and
Bobert Williams sue and be sued, implead and be impleaded,
answer and be answered unto, defend and be defendea ia all
Courts and elsewhere in all Manner of Actions, Buits, Com-
plaints, Pleas, Causes, Matters and Demands whatsoever.

AND BE IT FUBTHEB ENACTED by the Authority afore-
said, That in all Actions, Suits and Pleadings hereafter to be had
or brought by or against them the said Zebulon and Bobert or
either of them upon or by virtue of any Bond, Covenant, Bpe*
dalty, or other Writing whatsoever made or given by or to them
or either of them by the Birname of Beaman, it shall he sufficient
to alledge, that such Bond Specialty or other Writing was made
or given to or by the said Zebulon Williams or Bobert WillianiB
by the Name of Zebulon Beaman or Bobert Beamau.

PBOVIDED ALWAYS that Nothing herein contained shall
prejudice the Bight of his Majesty his Heirs and Successors, or
any Body Politic or Corporate or any Person whomsoever, nor
shall this Act be of force until the same shall have obtained
hid Majesty's Boyal Approbation.

[CHAPTEB 1532.J

[Chapter 1682 of Van Schaacl::, where the title only is printed. The ad
■nspended is clmpter 656.J

An Act to impower Justices of the Peace

Mayors Becorders and Aldermen to try

Causes to the Value of five Pounds and under

and for suspending an Act therein mentioned.

IPassed, March 12, 1772.]

WHEBEAS it nas been found by experience that the impower-

Ing Justices of the Peace, Mayors Becorders and Aldermen to try

Causes to the Value of five Pounds and under has been greatly

advantageous to the Inhabitants of this Colony, and for which

they are very solicitous, as being enabled thereby, speedily and

at small Expence to. come at Justice.

BE IT THEBEPOBE ENACTED by his Excellency the Govep-
nor the Council and the General Assembly, and it is hereby
enacted by the Authority of the same That all Actions, Cases and
Causes of Debt, Trespass, Trespass upon the Case and Beplevin



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LAWS OF THE COLONY OF NEW YORK. 805

wherein the Sum or Thing demanded for Cause of Action op Bai-
lance due on any Specialty or Obligation shall not exceed the
sum of five Pounds (except such Actions as are hereby excepted)
shall after the Publication hereof be, and hereby are made cog-
nizable before any one Justice of the Peace of any of the Coun-
ties, OP the Mayor, Becorder or Aldermen of the Cities of New
York and Albany, and Borough of Westchester respectively
within this Colony; and the said Justices, Mayors, Becorders and
Aldermen are hereby respectively impowered and required to
hold Court for the tryal of such Causes, and be vested with all
such power and Authority as may be necessary to maintain Order
and Decency as is usual in other Courts of Record within this
Colony, and to sign all Process which shall issue out of such
Court, and upon application to either of them made for the
recovery of any such Debt or Demand to issue a Summons or
Warrant as the Case may require directed to a Constable or other
proper Officer of the City Town, Manor, Borough, Precinct or
District where the Defendant dwells or can be found command-
ing him to bring or cause such Defendant to come and appear
before him at the Time and in the manner following, that is to
say, in Case where such process shall be in the Nature of a War-
rant forthwith after the service thereof; but where the Summons
shall be issued, then on some certain Day therein to be expressed,
not less than six, nor more than twelve Days from thc^ '^ervice of
such Summons, and at the Time appointed for hearing such
Cause, or on such other Day as such Court shall think reason-
able to appoint not exceeding six Days; the said Court shall pro-
ceed to hear and examine the Allegations and Evidences of the
Plaintiff and Defendant, and within twelve Days thereafter give
Judgment thereon in such manner as shall appear to the Court
agreeable to Equity and Justice together with such Costs as are
herein after allowed. PROVJDED ALWAYS If it shall so hap-
pen that at the Time the Warrant is served the Magistrate who
issued the same be abroad or so circumstanced as not to be able
to hear and try the Cause in such Case it shall and may be law-
ful for the Officer serving such Warrant to carry the Defendant
before any other Magistrate of the said City County or Place who
shall and may take Cognizance of the said Cause and proceed to
a final Determination thereof in the same Manner as he could
or might have done if he had Issued such Warrant by which
such Defendant shall be arrested.

Vol. V. 39



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806 LAWS OP THE COLONY OP NEW YOfiK,

AND BE IT ENACTED by the Anthority aforesaid, That the
Process against all Freeholders and Inhabitants having Families
shall be by Summons only, except as is hereafter excepted, and
served on the Person of the Defendant, op a Copy thereof left
at his or her House or place of abode in the presence of some
of the Family of suitable Age and discretion (who shall be
informed of the Contents thereof) at least six Days before the
Time of hearing, and the Officer serving such Summons shall,
upon the Oath of his Office, endorse the Manner in which he
has executed the same and sign his Name thereto, and in Case
the Defendant doth not appear at the Time and Place appointed
in such Summons and it shall appear by the Return endorsed
thereon that the said Summons was duly served upon the Person
of the Defendant in Manner aforesaid and no sufficient Reason
appearing to the Court why the Defendant did not appear at the
Time appointed, then the said Court shall proceed to hear try
and determine the Cause and issue Execution thereon in the same
Manner as if such Defendant had actually appeared; But in Case



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 30 of 92)