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 32 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 32 of 92)
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according as they find the same; and the said Magistrate is
hereby impowered and required to give Judgment agreeable to
the Report of the Persons so named, or to the Report of any
two of them, and in Case the said Pot or Pearl Ashes are judged
to be of the Quality or Qualities as distinguished by the said Offi-
cer, the said Magistrate is hereby authorized to direct the said
Pot or Pearl Ashes to be branded by the said Officer, agreeable to
such Distinction and shall also award, and order the Owner or
possessor of said Pot or Pearl Ashes, to pay the said Officer six
Pence for each hundred weight for all such Pot or Pearl Ashes as
shall be so judged as aforesaid, with reasonable Costs and
Charges; but in Case the said Pot or Pearl Ashes upon Trial shall
be found to differ in Quality from the said Inspectors Judgment
thereon the Charges of prosecution shall be paid by the Officer.
AND BE IT ENACTED by the Authority aforesaid that such
Officer shall have full power and Authority by virtue of this Act,
and without any further or other Warrant, to enter on board any
Ship Sloop or Vessel whatsoever, lying or being in the Harbour
of said City to search her, and make discovery of any Pot or Pearl
Ashes shipped or Shipping on board any such Vessel for expor-
tation out of this Colony, and if said Officer shall on such Search,
discover any Cask or Casks of Pot or Pearl Ashes, not branded
as before directed, the Person or Persons so shipping the same
shall forfeit all and every Cask or Casks of Pot or Pearl Ashes
so shipped or Shipping, and not branded in the Manner before
directed; and the Master or Commander of any such Vessel who
shall receive any such Cask or Casks of Pot or Pearl Ashes not
branded as aforesaid, shall forfeit and pay for each Cask so
received on board his Vessel, the Sum of five Pounds, and if any
Master of such Vessel, or any of his Servants or Seamen shall
obstruct or hinder the said Officer in making such Search as
aforesaid, every Person so offending, shall forfeit the sum of ten
Pounds.



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lAWS OP THE COLONY OP NEW YOBK. 817

AND BE IT ENACTED by the Authority aforesaid, that
Abraham De La Montagne shall be and hereby Is appointed the
OflBcer for viewing and examining all Pot and Pearl Ashes, that
are intended to be shipped for Exportation directly from the
Port of New York, and if the said Officer hereby appointed, shall
by any Accident be rendered incapable, or neglect to execute
the said Office or Misbehave hijnself therein, or shall happen to
die, then, and so often, and from Time to Time in such Cases,
it shall and may be lawf ull to and for the Mayor, Recorder and
Aldermen of the City of New York or the Major Part of them to
supply his place by some other fit and capable Person who shall
thereupon be the Officer for putting this Act In execution, until
another be appointed by Act or Acts hereafter to be passed for
that purpose, which Officer so appointed shall have the same
Powers, and be liable to the same Penalties, as the Officer par-
ticularly appointed by this Act, any Law, Usage or Custom to the
contrary notwithstanding: But before the said Officer hereby, or
hereafter to be apoiuted, shall do any Thing in execution of the
said Office, he shall take an Oath before the Mayor or Recorder
of the City of New York, in the Words following, vizt: " I. A. B.
" do swear that I will faithfully truly and impartially according
** to th^ best of my Judgment, Skill and understanding, execute,
^ do and perform the Office and Duty of an Inspector and Exam-
'* iner of Pot and Pearl Ashes acciording to the true Intent and
" Meaning of an Act intitled " An Act the better to ascertain the
** Quality of Pot and Pearl Ashes/' and 1 will not directly or
Indirectly by myself or by any Person for me, buy or sell any
** Pot or Pearl Ashes during the Time that I continue Inspector of
**the same, for my own Account, or upon the Account of any
** other Person or Persons whatsoever, so help me God/'

AND BE IT FURTHER ENACTED by the Authority afore>-
said, that if the aforesaid Officer, not then employed in theii
Examination of Pot or Pearl Ashes according to the Powers and
Authorities given by this Act, shall on Application to him made
for the Examination of any Pot or Pearl Ashes as aforesaid,
refuse neglect, or delay to proceed to such Examination for the
Bpace of three Hours after suc-^i Application so made, the said
Officer so refusing, neglecting or delaying to make such Exami-
nation shall for each Offence forfeit the Sum of twenty ShillingSy
to the use of the Person or Persons so delayed.

AND BE IT ENACTED by the Authority aforesaid, that if
any Person or Persons shall counterfeit any of the aforesaid



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818 LAWS OP THE COLONY OP NEW YORK.

Brand Marks, or Impress or brand the same on any Cask of Pot
or Pearl Ashes, he, she, or they, being thereof legally convicted
shall forfeit and pay the Sum of fifty Pounds.

AND BE IT ENACTED by the Authority aforesaid, that if
any Person op Persons shall empty any Cask op Casks of Pot or
Pearl Ashes branded as aforesaid in order to put in other Pot or
Pearl Ashes for Sale for exportation without first cutting out
the said Brand Marks, the said Person or Persons so offending
shall respectively forfeit the Sum of fifty Pounds.

AJND BE IT ENACTED by the Authority aforesaid, that all
the Fines and Forfeitures mentioned in this Act, shall be recov-
erable in the same Manner as other Debts of the same value are
recovered by the Laws of this Colony, by Suit, Bill, Plaint or
Information, wherein no Essoin, Protection or Wager of Law, or
any more than one Imparlance shall be allowed; the one half of
all which Fines and Forfeitures, except such as are herein before
otherways applied, when recovered shall be immediately paid
into the Hands of the Treasurer of this Colony towards the sup-
port of the Government thereof, and the other half to the Officer
or other Person who shall sue for the same.

AND BE IT ALSO EXACTED by the same Authority that no
Pot or Pearl Ashes shall be exported from the City of Albany
to any place beyond this Colony unless the same shall have first
been there inspected Branded and marked as by this Act is
directed to be done in the City of New York, and have the Name
of the Inspector hereby appointed for the City of Albany marked
thereon, and the Inspector for the City of Albany shall be Jere-
miah Van Rensselaer, who shall take the same Oath that the
Inspector for the City of New York is required by this Act to
take, which Oath shall be Administered by the Mayor, Recorder
or any one of the Aldermen of the City of Albany and the said
Inspector shall demean himself in the Duties and Execution of
his Office in the same Manner as by this Act is required of the
Inspector for the City of New York and be liable to the like
Pains and Penalties and have the lilce Rewards for his Trouble.

BE IT ALSO ENACTED by the same Authority, that all or
any of the Pot or Pearl Ashes so inspected in the City of Albany
as by this Act is directed and required may be shipped from the
said City of Albany in Vessels going immediately from thence to
any Place or Port beyond this Colony without undergoing a re-in-
spection in the City of New York, any Thing in this Act to the
contrary hereof notwithstanding.



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LAWS OP THE COLONY OP NEW YORK. 819

PROVIDED NEVERTHELESS, that if any Pot op Pearl
Ashes shall be inspected in the City of Albany, and be branded
and marked as by this Act is required, and be afterwards shipped
for Exportation from the City of New York, that the same shall
be there re-inspected before it shall be from thence exported to
any place or Port beyond this Colony.

AND BE IT ENACTED by the Authority aforesaid that thia
Act shall commence from the passing thereof, and be ot force
until the first Day of January which will be in the Year of our
Lord one thousand seven hundred and seventy five.

[CHAPTER 1534.]

[Chapter 1584 of Tan Scliaack, where the act Is printed in fiilL Bea
chapters 17. 838 and 1719. J

An Act to divide the County of Albany
into three Counties.

[Passed, March 12, 1772.1

WHEREAS a Law was passed in this Colony on the first Day
of October in the Year of our Lord one thousand six hundred and
ninety one, intitled. *' An Act to divide the Province and Depen-
dencies into shires and Counties." according to which the County
of Albany was to contain the Manor of Rensselaerwyck, Sche;^eo-
tady and all the Villages Neighbourhoods and Christian Planta-
tions on the East side of Hudson's River from Roelof Janse's
Creek; and on the West side from Sawyer's Creek to the utmost
End of Saratoga, AND WHEREAS by one other Law intitled.
•*An Act for annexing that part of the Manor of Livingston
•• which now lies in Dutchess County unto the County of Albany.'*
passed the twenty seventh Day of May, one thousand seven hun-
dred and seventeen. AND WHEREAS the Lands within the
County of Albany are more extensive than all the other Counties
of this Colony taken together, and altho' the Inhabitants thereof
are already very numerous and continue to increase; yet It is
conceived that the settlement of the Country would proceed with
much greater Rapidity, to the vast augmentation of his Majesty's
Revenue and the Benefit of the Colony, if a suitable partition was
made of the said Lands and new Counties created; The Number
of Inhabitants and their great Distance from each other render-
ing the Administration of Justice extreamly Difficult and
Burthensome; many People as County Officers, Jury-Men, Suitom
and Witnesses being obliged to travel near two hundred Miles



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320 LAWS OP THE COLONY OP NEW YORK.

to the City of Albany where the County Goal is, and where the
Courts of Common pleas Sessions of the Peace, Oyer and Termi-
ner and general Goal delivery are held, so that the Inhabitants
instead of having Justice distributed according to our excellent
Constitution as it were at their Doors, are from the enormous
Extent of the said County of Albany, exposed to great Hardships,
and lesser Crimes pass unnoticed, and Crimes of the most atro-
cious Nature frequently go unpunished for the Want of the
Attendance of Witnesses upon Grand Juries sitting, and coming
from places remote from those where the Offences were com-
mitted, and Sheriffs and Coroners are discouraged from execut-
ing both Civil and Criminal process and the Expence of attend-
ing the Courts often exceeds the value of the Thing in demand
and great default of Justice is occasioned, and as the Power of
the Justices of the Peace in the Determination of small Causes
to two Pounds and under is commensurate with the County, the
people either as Parties or Witnesses are sometimes compelled
to such remote Attendance, and to such a waste of Jime as dis-
courages the Settlement of the country; Wherefore that an ade-
quate Remedy may be applied to these and many other Evils too
Tedious to be particularly enumerated.

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 County of Albany shall be hence-
forth restricted to the Bounds and Limits following to wit. On
the South, and on the West Side of Hudsons River by the County
of Ulster as Ascertained by the first beforementioned Act inti-
tied. "An Act to divide the Province and Dependencies into
" shires and Counties." and on the West by Delaware River and
the West Branch thereof as far up as a certain small Lake called
Utsayntho, and thence by a Line North twenty five Degrees East
until it be intersected by a West Line drawn from the North
West Comer of the old Schoharie Patent, thence East to the
North East Corner of the said Schoharie Patent, thence to
the North West Comer of the Township of Duanesburgh, thence
along the North Bounds thereof to the North East Corner of the
same thence on the same Course with the said North Bounds of
Duanesburgh to the Mohawk River, thence North until it inter
sects a West Line drawn from Port George near Lake George,
thence fiast until it intersects a North Line drawn from that
bigh Falls on Hudson's River which lays next above Fort



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LAWS OF THE COLONY OF NEW YORK. 821

Edward, thence South to the said Falls thence along the East
liank of Hudson's River to a certain Creek called Stoney C "^ek
thence East five hundred and ten chains, thence South to the
North Bank of Batten Creek thence up along the North Bank
of said Creek until the said Creek intersects the South Bounds
of Prince Town, thence along the same to the South East Corner
thereof, thence East to the West Bounds of the County of Cum-
berland, thence Southerly and Easterly along the West and
South Bounds thereof to Connecticut River, thence along the
said River to the North Bounds of the Colony of Connecticut,
thence along the North and West Bounds of the same to the
County of Dutchess, thence along the North Bounds of the said
County of Dutchess to Hudson's River, and thence by a Straight
Line to the North East Corner of the County of Ulster on Hud-
eon's River.

AND BE IT FURTHER ENACTED by the same Authority.
That all the Lands lying within this Colony to the Westward
of the County of Albany as by this Act restricted, and to the
Westward of the North Line from the Mohawk River abovemen-
tioned continued to the North Bounds of this Province, shall be
one Separate and distinct County, and be called and known by
the Name of the County of Tryon.

AND BE IT ENACTED by the same Authority. That all the
Lands lying within this Colony to the Northward of the County
of Albany as restricted by this Act, and to the Eastward of the
County of Tryon, and to the Westward and Northward of the
Counties of Cumberland and Gloucester shall be one separate
and distinct County, and be called and known by the Name of
the County of Charlotte.

AND BE IT FURTHER ENACTED by the same Author /,
That until Goals for the said Counties of Charlotte and Tryon
shall be erected, the several Sheriffs and Officers, and Ministers
of Justice having process, and the Custody of Prisoners may
make use of the present Goal of the County of Albany, and the
Goaler thereof shall receive the prisoners and be as Answerable
for them as if they were delivered to his Care by the Sheriff or
other Officer of the said County of Albany.

AND BE IT FURTHER ENACTED by the same Authority.
That Nothing in this Act shall be construed to affect any Suit
or Action already commenced, or to be commenced before the
VoL V. 41



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323 LAWS OF THE COLONY OP NEW YOKiC

first Day of January which will be in the Year of our Lord one
thousand seven hundred and seventy three, so as to work a
Wrong or prejudice to any of the parties therein, nor to Affect
any Criminal or other proceeding on the Part of the Crowa
already began, nor any Recognizance when relative thereto, but
all such Civil & Criminal proceedings shall and may be carried
on to tryal and final Determination as tho' this Act had never
been passed, nor shall any of the Lines so assigned for the Lim-
its of either of the said Counties be deemed to take away abridge
destroy or Affect the Right and Title of Any Bodies Politic or
Corporate or of any Patentee or others holding under any
Patentee or Patentees in any Manner or by any ways or means
whatsoever,

AND BE IT FURTHER ENACTED by the same Authority
that so much of the Lines of partition between the County of
Albany as restricted by this Act, and the said new Counties of
Charlotte & Tryon, as the Judges of the Inferior Court of Com-
mon pleas or the Major Part of them for the Time being of the
said Counties, shall think fit, shall be actually run out and
marked by such Person or Persons and in such Manner, and at
such Time and Times as to them the said Justices or the Majority
of them shall seem meet, and the Expences of the Service shall
be equally divided between the said Counties, and raised in their
respective Counties as part of the County Charge thereof, are
usually raised and levied, and such Agreements and the Return
of the Survey, and other their Transactions in the Business
aforesaid, shall be entered in their respective County Records,
and the same or an Office Copy thereof shall be conclusive Evi-
dence concerning their respective Partition Lines and County
Bounds.

PROVIDED ALWAYS That Nothing in this Act contained
shall be construed, deemed or taken to alter or derogate from
the Rights and Royal Prerogative of his Majesty his Heirs and
Successors in the granting Letters of Incorporation granting
Markets and fairs to be kept and held in the said Counties of
Charlotte and Tryon, but that the said Rights and Prerogatives
and all other the Prerogatives of the Crown shall and may at all
Times hereafter be exercised therein by his said Majesty his
Heirs and Successors in as full and ample a Manner to all intents
and purposes as if this Act had never been made.



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LAWS OF THE COLONY OF NEW YOEK. 823



[CHAPTER 1535.1
[Ohapter 1535 of Van Scbaack. where the title only is printed.]

An Act to revive and continue an Act
Intitled. " An Act for raising and collecting
**the Arrears of Taxes due to this Colony
«from the City and County of New York."
with some Additions thereto.

[Passed, March 12, 1772.]

WHEREAS some of the Collectors chosen and appointed for
collecting the Taxes in the above Act mentioned have not been
able to collect in the same within the Time limited by the said
Act for that purpose.

BE IT THEREFORE ENACTED by his Excellency the Cover-
nor the Council and the General Assembly and it is hereby
enacted by the Authority of the same. That the abovementioned
Act intitled " An Act for raising and collecting the Arrears of
** Taxes due to this Colony from the City and County of New
York." passed in the eleventh Year of his present Majesty's
Reign, and every Article and Clause therein contained, shall be
in force from the Publication hereof until the first Day of Novem-
ber now next ensuing, and the several and respective Collectors
chosen and appointed to collect in the Taxes in the said recited
Act mentioned shall and are hereby authorized and impowered
to take all such Modes and Methods for collecting in the Taxes
that are now outstanding and uncollected, and which ought to
have been collected by virtue of the above recited act, as they
could, ought or might, have taken by virtue of the said Act for
collecting the same.

AND WHEREAS the Collectors for the Dock Ward, Mont-
gomerie Ward, and Bowry Division of the Outward of the said
City, were by the said recited Act impowered and enabled to col-
lect in the Taxes and Assessments that had been laid by virtue
of former Acts of this Colony, but no Provision or Allowance
was made for them therein for their Fees or Trouble in collecting
the same.

BE IT THEREFORE ENACTED, by the Authority aforesaid.
That the said Colectors for the Dockward Montgomerie Ward
and Bowry Division of the Outward shall out of the Money
which they have or shall collect for Taxes that were laid by
virtue of former Acts of the Legislature of this Colony, retain



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824 LAWS OF THE COLONY OF NEW YORK.

and keep in their Hands the Sum of six pence for every Pound
which has been and shall be collected by them for their Trouble
in collecting and paying the said Taxes.

AND WHEREAS it may happen that the Collectors for the
three Wards abovementioned may not be able to collect in all
the Money that is now outstanding upon former Assessments by
reason of the Insolvency or absence of the persons taxed or some
other Cause, and may be charged with a Neglect of duty herein.

BE IT THEREFORE FURTHER ENACTED by the Authority
aforesaid. That in Case of such Deficiency, it shall and may be
lawful for the Mayor Recorder and Alderman of the city of New
York or the major Part of them, whereof the Mayor or Recorder
to be one, and they are hereby authorized and impowered to
examine the said Collectors and their Tax Rolls, and to adjudge
and determine which Taxes could have been collected by the
said Collectors, and which not, and upon such Determination the
said Collectors shall be only liable and chargeable for such Taxes
as the said Magistrates shall determine could have been col-
lectedy and for no others.

[CHAPTER 1536.]

[Chapter 1536 of Van Schaack, where the act is printed in full. Amended
hj chapter 1586.]

An Act for the better laying out, regu-
lating and keeping in Repair, Common and
Public Highways, and Private Roads in the
County of Dutchess.

[Passed, March 12, 1772.]
WHEREAS the laying ont regulating and keeping in good
Repair, Public Highways and Roads, contributes greatly to the
Ease and Advantage of the Inhabitants of a Country.

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 from and after the
Publication of this Act, the Freeholders and Inhabitants of each
Precinct In the County of Dutchess, shall be and hereby are
authorized at their annual Town Meetings for electing Town
OflBcers, to choose and elect at the same Time, three Freeholders
in each Precinct for Commissioners to lay out and regulate
Highways in the Precinct for which they shall be so chosen, and
also as many Overseers of the Highways in each Precinct as



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LAWS OP THE COLONY OF NEW YORK. 325

i
there shall be districts in the said Precinct, who are to oversee,
repair and keep in Order, the several Highways within the
respective Tistricts for which they shall be elected and chosen
as foresaid, and the Persons so to be chosen Commissioners, as
well as those who are to be Overseers are hereby required to take
their several Offices respectively upon them.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That the Commissioners or the Major Part of them, in the
respective Precincts for which they shall be chosen Commis-
sioners, are hereby impowered and authorized to regulate the
Roads already laid out, and if any of them shall appear inconven-
ient, and an Alteration absolutely necessary, and the same be
certified upon Oath by twelve Principal Freeholders of the said
County, the Commissioners may, provided they all judge it neces-
sary, alter the same, and lay out such other Public Highways and
Roads as they, or the major Part of them shall think most con-
venient as well for Travellers as for the Inhabitants of each Pre-
cinct. PROVIDED that Nothing in this Act contained shall
extend or be construed to impower the Commissioners aforesaid,
to alter any Roads that are already commodious; neither shall
they lay out any Roads through any Persons Land without the
Consent of the Owner or Owners thereof, or paying to him or
them the true value of the Lands so to be laid out into an High-
way or Road with such Damages as he may sustain by said Road,
which value of the Laud, and the Amount of the Damages the
owner may sustain by such Road shall be determined, and the
true value set and appraised by two Justices of the Peace and
by the Oaths of twelve principal Freeholders not having any
Interest in the Land so to be laid into an Highway or Road. And
the said Freeholders shall be summoned by the High Sheriff of
the said County or his Deputy, or any Constable of the Precinct
in which such Road or Highway shall be laid out as aforesaid
by virtue of a W^arrant to be issued by the said two Justices for
that purpose, and if any Road within any Precinct of said County
so laid out be a common Public Highway, and the same be laid
out at the request of twelve Principal Freeholders of the County,
then the whole charge of the value of the said Lands and Dam-
ages, together with the Charge of the Commissioners, and calling
and charge of the Jury, and the whole proceeding thereon had,
shall be paid as the other contingent Charges of the County are
paid; and the Highway so laid out shall be a common Publio



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326 LAWS OP THE COLONY OP NEW YORK.

Highway. PROVIDED ALWAYS. That no Road or Highway
shall be laid through any Orchard or Garden without the Consent
of the Owner or Owners thereof, any Thing herein contained to
the contrary notwithstanding.

AND BE IT FURTHER ENACTED That the Commissioners
to be chosen by virtue of this Act shall before they execute any of
the Powers herein mentioned, take an Oath upon the Holy Evao-
gelists or if a Quaker an Affirmation in the words following, to



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 32 of 92)