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 34 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 34 of 92)
Font size
QR-code for this ebook


Precepts to be served by either of the Constables aforesaid, in the
West Division, North of Croton River shall be computed from the
House of Abraham John Lent, situate on the rear of front Lot
Number five in the said Manor, and that the Mileage Fees for
all precepts to be served by either of the Constables aforesaid in
the Middle Division of said Manor on the North side of Croton
River, shall be computed from the House of Joseph Walters,
situate on North Lot Number five in said Manor, and that all pre-
cepts to be served by either of the Constables aforesaid, in the
East-Division of said Manor shall be computed from the House
of John Purdy, situate on North Lot Number nine in said Manor,
and that the Mileage Fees for all Precepts to be served by either
of the Constables aforesaid, on the Lots South of Croton River,
from liOt Number one to Lot Number ten inclusive shall be com-
puted from the House of Bartow Underbill situate on South Lot
Number six south of Croton River in said Manor, any Law usage
or Custom to the contrary in any wise notwithstanding^

[CHAPTER 1540.]
[Chapter 1540, of Van Schaack, where the title only is printed.]

An Act for the payment of the Salaries of
the several Officers of this Colony, and other
purposes therein mentioned.

[Passed, March 24, 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 Treasurer of this Colony shall,
and hereby is directed and required out of the Monies arisen or
which may arise by virtue of the following Acts vizt: An Act en-
titled, "An Act further to continue an Act entitled "An Act for
"granting to his Majesty the several Duties and Impositions
^ on Goods, Wares and Merchandizes imported into this Colony



Digitized by



Google



LAWS OF THE COLONY OP NEW YORK. BSi

•therein mentioned:'' AN ACT entitled "An Act for collecting
** the Duty of Excise on Strong Liquors retailed in this Colony
"from the first Day of February one thousand seven hundred
** and seventy two, to the first Day of February, one thousand
• seven hundred and seventy three inclusive; '* AN ACT entitled,
"An Act to regulate the sale of Goods at Public Vendue, Auction
" or Outcry within this Colony," and, AN ACT entitled "An Act
" further to continue an Act entitled An Act to restrain Ilawk-
"ers and Pedlars within this Colony from selling without
"Licence,** to pay.

UNTO his Excellency William Tryon Esquire for Firewood
and Candles for his Majesty's Fort George in the City of New
York from the eighth Day of July one thousand sevftn hundred
and seventy one to the first Day of September one thousand
seven hundred and seventy two, after the Bate of four hundred
Pounds pep Annum.

UNTO the Honorable Daniel Horsemanden Esquire as Chief
Justice of the Supreme Court of this Colony, and for going the
Circuits from the first Day of September one thousand seven
hundred and seventy one, to the first Day of September one
thousand seven hundred and seventy two after the Bate of three
hundred Pounds per Annum.

UNTO the Honorable David Jones Esquire one of the Puisne
Justices of the Supreme Court of this Colony, and for going the
Circuits from and to the Time aforesaid after the Bate of two
hundred Pounds per Annum.

UNTO the Honorable Robert R Livingston Esquire one other
of the Puisne Justices of the Supreme Court of this Colony, and
for going the Circuits from and to the Time aforesaid, after the
Rate of two hundred Pounds per Annum.

UNTO the Honorable George D Ludlow Esquire the other
Puisne Justice of the Supreme Court of this Colony, and for
going the Circuits from and to the Time aforesaid, after the
Rate of two hundred Pounds per annum.

UNTO the Secretary of this Colony for the Time being for
engrossing and enrolling the Acts of the General Assembly,
from and to the Time aforesaid, after the Rate of forty Pounds
per Annum. *

UNTO the Clerk of the Council for the Time being, for his Ser-
vices in that Station from and to the Time aforesaid the Sum of
thirty Pounds.

VoLV. 43



Digitized by VjOOQ IC



838 LAWS OP THE COLONY OF NEW TOEK.

UNTO the Door keeper of the Council for the Time being for
his Services in that Station from and to the Time aforesaid the
sum of thirty Pounds.

UNTO Hugh Gaine for services perfonned as public printer
of this Colony, and in discharge of his Account for printing the
Bills emitted by virtue of the Loan OflSce Act, and for furnishing
six thousand Mortgages, sundry Blank Books, and other Articles
for the use of the Loan Officers the Sum of three hundred Pounds.

UNTO John Kip as Guager of Liquor subject to a Dn'y within
this Colony, or to the Guager thereof, for the Time being, from
and to the Time aforesaid after the Bate of thirty Pounds per
Annum.

UNTO Thomas Hill and Josias Smith Land and Tide Waiters,
or to the Land and Tide Waiters for the Time being for their
Services in thai Station from and to the Time aforesaid after
the Rate of fifty Pounds per Annum to each x>f them.

ALL which aforesaid several sums of money shall be paid
by the Treasurer on Warrants issued by his Excellency the
Governor or the Commander in Chief for the Time being, by
and with the Advice and Consent of his Majesty's Council of
this Colony, and the Receipts of the several persons endorsed
on the said Warrants, shall be to the Treasurer good Vouchers
and Discharges for so much as shall be thereby acknowledged
to be received.

AND BE IT ENACTED by the authority aforesaid, That the
Treasurer shall, and hereby is directed and required out of the
Funds aforesaid to pay the several Allowances following (to
wit.)

UNTO Abraham Lott Esquire Treasurer of this Colony, or
to the Treasurer thereof for the Time being for his Services in
that Station, from the first Day of September one thousand
seven hundred and seventy one, to the first Day of September
one thousand seven hundred and seventy two after the Bate
of two hundred Pounds per Annum.

UNTO to the said Treasurer or the Treasurer for the Time
being, for the extraordinary Services which he is now obliged
to perform beyond the usual Duty of his Office after the Bate
of the further Sum of one hundred Pounds.

UNTO Edmund Burke Esquire or Order Agent for this Colony
in Great Britain, as a Reward for his Care, Trouble, and Dili-
gence in attending upon his Majesty and his Ministers of State
in that Station from and to the Time aforesaid after the Bate
of five hundred Pounds per Annum.



Digitized by VjOOQ IC



LAWS OF THE COLONY OF NEW YORK. 3:Ji>

UNTO John Tabor Kemp Esquire for extraordinary Ser-
vices perfonned by him as Attorney General of this Colony
from and to the Time aforesaid after the Bate of one hundred
and fifty Pounds per Annum.

UNTO Edmund Seaman Esquire as Clerk to the General As-
sembly for his Services in that Station from and to the Time
aforesaid twenty Shillings per Diem, payable upon a Certificate
from the General Assembly signed by the Speaker for the Num-
ber of Days he has or may serve the General Assembly.

UNTO the said Edmund Seaman for sundry Disbursements
by him made for the use of the General Assembly the Sum of
fifty five Pounds nine Shillings and five Pence.

UNTO Gerard Bancker as Assistant Clerk to the General
Assembly for his Services in that Station from and to the Time
aforesaid, tveenty shillings per Diem payable upon a Certificate
from the General Assembly signed by the Speaker for the Num*
her of Days he has or may serve the General Assembly.

UNTO Alexander Lamb Doorkeeper of the General Assembly
for his Services in that Station from and to the Time aforesaid
six Shillings per Diem payable upon a Certificate from the Gen-
eral Assembly signed by the Speaker, for the Number of Days
he has or may serve the General Assembly.

UNTO the said Alexander Lamb for providing FireWood and
Sundry Necessaries for the use of the General Assembly the
sum of fifty five Pounds.

UNTO William Scott Sergeant at Arms for his Services In
that Station from and to the Time aforesaid six Shillings per
Diem payable upon a Certificate from the General Assembly
signed by the Speaker for the Number of Days he has or may
serve the General Assembly.

UNTO John Martin as Gunner and keeper of the Colony stores
from the tv^^enty eighth Day of July one thousand seven hundred
and seventy one to the twenty eighth Day of July one thousand
seven hundred and seventy two, after the Bate of twenty Pounds
per Annum.

AND BE IT ENACTED by the Authority aforesaid That for
Answering the Expences of Contingencies and extraordinary
Emergencies, that have or may happen for the Services -of this
Colony, from the first Day of September one thousand seven hun-
dred and seventy one, to the first Day of September one thousand
seven hundred and seventy two, Warrants may issue for the same,
on the Treasurer from Time to Time, if drawn by his Excellency



Digitized by VjOOQ IC



840 LAWS OF THE COLONY OP NEW YORK.

the Governor or Commander in Chief for the Time being with the
Advice and Consent of his Majesty's Council, which the Treas-
urer is hereby ordered and directed to pay out of the Monies
arising by virtue of the Acts herein before mentioned provided the
Amount of the said Warrants do not exceed the sum of one hun-
dred Pounds during that Time.

AND BE IT ENACTED by the Authority aforesaid, That the
Treasurer shall, and hereby is directed and required out of the
Funds aforesaid to pay the several sums following, to wit,

UNTO his Excellency the Governor or Commander in Chief for
the Time being to defray one half the Expence of running and
ascertaining the Boundary Line between this Colony and the
Colony of Quebec, from the Station fixed by his Excellency Sir
Henry Moore at the forty fifth Degree of North Latitude to Con-
necticut River provided the said one half does not exceed the
Sum of two hundred and eighty Pounds including the sum of one
hundred and fifty Pounds pursuant to a Resolution of the General
Assembly the fourteenth Day of February one thousand seven
hundred and seventy one.

UNTO his Majesty his Heirs and Successors for defraying the
Expence of making the necessary Repairs to the Fortifications in
this City provided the same does not exceed the Sum of one thou-
sand Pounds; to be paid by the Treasurer of this Colony unto the
Commissioners hereafter mentioned at such Time, and in such
proportion as his Excellency the Governor or Commander in Chief
by and with the Advice and Consent of his Majesty's Council shall
think necessary: And that James Jauncey and Jacob Walton
Esquires are hereby appointed Commissioners and fully impow-
ered, Authorized and required to lay out the foregoing Sum or so
much thereof as may be necessary for the purposes abovemen-
tioned, and to and for no other use or purpose whatsoever.

UNTO Anthony Van Dam for a Flag for Fort George and Re-
pairs, the Sum of thirty five Pounds seven Shillings and three
Pence.

UNTO William Scott Sergeant at Arms for extraordinary Ser-
vices performed by him during the present Sessions the sum of
seven Pounds.

UNTO Aarie King and Jacob Blauvelt the Sum of two Pounds
two Shillings unto each of them for their Attendance agreeable
to summons from the General Assembly

UNTO the following Persons for sundry Repairs done to the
House in Fort George and to the Barracks, to wit,



Digitized by VjOOQ IC



LAWS OP THE COLOinr OP NEW TOBK. 841

UNTO Jonathan Hampton the Bam of one hundred an3 nlnetj
seyen Pounds sixteen Shillings and seven pence.

X717TO George Btanton and Jonathan Blake the Sum of two
Pounds.

UNTO William Winterton the Sum of twenty six pounds
Beventeen Shillings and four Pence half Penny.

UNTO Anthony Dodane the Bum of twenty Shillings.

UNTO Stephen Callow the Bum of one Pound seven shillings
and two pence.

UNTO Stephen Steel the Bum of eleven Pounds six Shillings
and nine pence.

UNTO Robert Andrews the Sum of twenty seven Pounds five
Shillings and eight pence three Farthings.

UNTO John Bailey and James Youle the sum of forty two
Pounds eleven Shillings and four Pence.

UNTO Thomas and John Barrow the sum of fifteen Pounds
fwelve Bhillings and one penny.

UNTO Peter Goelet the Bum of fifteen Pounds six Shillings
and four Pence half penny.

UNTO James Qutherie the Sum of one Pound sixteen Bhillings
and four Pence.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the said Treasurer shall and is hereby directed and re-
quired out of the Interest Money arisen or that may arise by
virtue of the Act entitled "An Act for emitting the Sum of one
^ hundred and twenty thousand Pounds in Bills of Credit to be
** put out on LoaUy and to appropriate the Interest arising thereon
'^to the payment of the Debts of this Colony, and to such Public
^ Exigencies as the Circumstances of this Colony mav from Time
^ to Time render necessary,*' to pay the several Sums following
(to wit)

UNTO Leonard Lispenard for Necessaries furnished for the
use of this Colony in the year one thousand seven hundred and
siity nine, the sum of one thousand and seventeen Pounds nine
ehillings and nine pence half Penny.

UNTO John De Peyster Junior and Dlrck Ten BroecK for
Necessaries furnished for the use of this Colony in the Tears one
thousand seven hundred and sixty seven and one thousand seven
hundred and sixty eight the sum of two hundred and sixty nine
Pounds and ten pence half penny.

UNTO his Majesty the sum of one thousand Pounds for male*
lug good a Deficiency of that Bum granted by an Act passed the



Digitized by VjOOQ IC



242 LAWS OP THE COLONY OF NEW YOKE.

fifth Day of January one thousand seven hundred and seventy,
entitled "An Act for making a further Provision of two thousand
" Pounds for furnishing his Majesty's Troops quartered in this
*' Colony with Necessaries for one year," which sum of one thou-
sand Pounds, the Treasurer is hereby directed and required to
pay (after the other Grants out of this Fund are paid) on War-
rant or Warrants to be drawn for that purpose by his Excellency
the Governor or Commander in Chief for the Time being, by and
\iitb the Advice and Consent of his Majesty's Council.

UNTO Elisha Gallaudet for cutting the Stamps for the new
Loan OflSce Money, the Sum of twenty two Pounds one shilling.

AND BE IT FURTHER ENACTED that the Treasurer shall
and is hereby directed to place the sum of one hundred and fifty
five Pounds ten Shillings and six pence part of the Sum of three
hundred Pounds allowed to Hugh Gaine in this Act to the Ac-
count of the Interest of the Loan Office Money any Thing herein
contained to the Contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the Treasurer shall and he is hereby directed to keep
exact Books of his several Receipts and payments in virtue of
this Act, and shall render true and distinct Accounts thereof
ux)on Oath to his Excellency the Governor or Commander in
Cbief for the Time, the Council or the General Assembly when
by them or any of them thereunto required.

[CHAPTER 1541.]
[Chapter 1541, of Tan 8chaacb. where the act Is printed !q full.]

AN ACT for regulating the Militia of the
Colony of New York.

[Passed, March 24, 1772.]
WHEREAS a due and proper Regulation of the Militia of
this Colony tends not only to the security and Defence thereof,
but likewise to the Honor and Service of his Majesty.

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 every Person from
sixteen to fifty Years of Age residing within this Colony shall
within one Month after he arrives at the Age of sixteen, and
every sojourner above the same Age having resided within this
Colony above three Months, shall inlist himself with the Captain,
or in his absence with the next Commanding Officer either of



— Digitized by VjOOQIC



LAWS OP THE COLONY OF NEW TOBK. 813

the Troop of Horse in the City or County where he dwells op
resides, or in such Company of Foot, whose Captain or next
Commanding Officer has the Command thereof in the City, Town,
Borough, Manor or Precinct where such person shall reside or
sojourn under the Penalty of five Bhilliugs, and three Shillings
for every Month that such Person shall remain so unlisted after
Notice given: and all Captains of Troops of Horse, and Com-
panies of Foot in the several Cities, Boroughs, Towuships,
Manors and Precincts of this Colony, are hereby commanded to
take due Care to inlist all Inhabitants and Sojourners from
sixteen to fifty Years of age, which Age in Case of Doubt is to
be proved by the Oath of the Person whose Age is in Question,
or the Oath of his Parent, or some other credible Witness to
be taken by the Officer before whom the Dispute shall happen
to be, who shall administer the same in the Words following,
•* I A. B. do swear upon the Holy Evangelists of Almighty God,
•* that C. D. summoned before Captain E. F. in order to be in-
** listed is Years old, and no more, according to the

* best of my knowledge, so help me God." which Oath being
duly administered by the Captain or other Officer who hath
summoned such Person before him in order to be inlisted, and
it appearing that he is under sixteen, he shall be for that Time
dismissed; and if any Dispute shall arise about elder Persons,
and it appearing that he or they are above the Age of fifty,
such Person or Persons shall be exempted at all Times there-
after.

AND BE IT ENACTED by the Authority aforesaid that all
Captains of Troops of Horse and Companies of Foot shall within
three Months from the Commencement of this Act, provide for
their Companies and Troops, Drums and Trumpets, Colours and
Banners, and Drummers and Trumpeters at the proper Charge
of their respective Captains of Troops and Companies under
the Penalty of Three Pounds, and for every Month such Cap-
tain shall remain unprovided thereof, the sum of two Pounds.

BE IT ENACTED by the same Authority, That the Colonels
or Commanding Officers of all Regiments or Battalions, Troops,
or nnregimented Companies within this Colony shall at least
once in every Year issue out their Warrants to their Inferior
Officers commanding him or them to make diligent Search and
Enquiry in their several Precincts that all Persons be duly
listed, armed and equipped, and to return to them the Names
of such Defaulters as he or they shall find| to the End they
may be punished according to this Act.



Digitized by VjOOQ IC



8H LAWS OF THE COLONY OF NEW YORK.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That twice in every Year command be given by the Col-
onel, and in his absence by the next Commanding OflScer of the
respective Regiments or Battalions, that the several Companies
in each Regiment or Battalion, and the Captains or next Com-
manding Officers of the several Troops of Horse and Independent
Companies of the several Cities and Counties shall meet at the
most convenient places therein to be appointed by the respective
Officers commanding the Regiment to be then and there mus«
tered and exercised, and that every Soldier belonging to the
Horse shall at the Time and place commanded, appear and be
provided with a good serviceable Horse not less than fourteen
Hands high, covered with a good Saddle, Houlsters, Housing,
Breast-plate, and Crupper, a Case of good Pistols, a good sword
or Hanger, half a Pound of Gun Powder, and twelve sizeable
Bullets, a pair of Boots, with suitable Spurrs, and a Carabine
well fixed, with a good Belt, Swivel and Bucket, under the Pen-
alty of ten shillings for want of a sizeable Horse, and the Penalty
of five Shillings for want of each or either of the Articles of the
Troopers Furniture, and the Troopers in the City and County of
New York shall be cloathed with a Blue Coat and Breeches, with
yellow Metal Buttons, and a scarlet Waistcoat, and their Hats
laced with Gold Lace: And the Troopers for the City and
County of Albany, shall be cloathed with blue Coats and the
Hats shall be laced with silver Lace under the Penalty of five
shillings for the Want of each Article of such Cloathing, the
whole Penalty on a Trooper for the Defaults of one Day not to
exceed the Sum of forty shillings.

AND BE IT PROVIDED AND ENACTED by the Authority
aforesaid that in Case of a general Alarm or Invasion all unregi-
mented or Independant Companies and Troops shall in the Ab-
sence of the Captain General or Commander in Chief, be under
the immediate Command and direction of the Colonel, and in his
Absence the next commanding Officer of the Regiment or Bat-
talion of the City or County where such unregimented or Inde-
pendant Companies or Troops are or may be, any Thing herein
to the contrary hereof notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that the Number of the Troopers in each Company in the
City and County of Albany shall be sixty besides Officers; and
the Number of all other Troops in this Colony shall be fifty
Troopers besides Officers; and for a constant supply of Troopers



Digitized by VjOOQ IC



LAWS OF THE COLONY OP NEW YORK. 315

in each City and County within this Colony where Troops of
Horse have been, or are, or shall be whensoever it shall happen by
Death or otherwise, that there be fewer Troopers in Number than
are limited by this Act, and the same cannot be supplied by Vol-
unteers, that then the Captain of such Troop shall under his
Hand certify' unto the Colonel of the Regiment of Foot or Bat-
talion, or in his absence to the next Commanding OflScer in the
City or County where such Want shall happen, how many Troop-
ers are wanting in his List of the Troop under his Command and
thereui)on the said Colonel or next Commanding OflBcer of such
Regiment or Battalion shall nominate out of the same the Num-
ber that shall be so wanting as aforesaid. PROVIDED that
such Person or Persons so nominated by the said Colonel or next
Commanding Officer, be not under the Age of twenty one Years,
nor above ten Miles distant from the place of the Captains abode:
upon which nomination the Person or Persons so nominated shall
within the space of three Months equip themselves as is hereby
directed. And every Trooper that shall be so nominated to serve
in any of the Troops, and refusing to equip himself and serve, he
shall for such Offence forfeit the sum of five Pounds, and upon
payment thereof shall not be liable to any other or further For-
feiture for any Offence respecting the Troop but shall neverthe-
less be subject to serve in the Foot service as if no such Nomina-
tion had ever been made. And all Troopers already inlisted or
who shall consent to be inlisted in manner as aforesaid refusing
or neglecting to appear shall for every such Offence forfeit the
sum of ten shillings for the first Default in not appearing, for
the second Default the sum of fifteen shillings, and for the third
Default twenty shillings, and for every Default after the third
twenty shillings until he doth appear; and every Trooper or Sol-
dier belonging to the Horse, shall always have at his Habitation
01 Place of abode, one Pound of Gun Powder, and three Pounds
of sizeable Bullets, on Penalty of ten Shillings for every Default.
AND BE IT ENACTED by the Authority aforesaid that the
Companies of Cadets, and Blue Artillery in the City of New
York are to consist each of one hundred Men besides Officers,
and if the Colonel of the Regiment of the said City or in his
Absence the next Commanding Officer thereof, doth suspect
that the Captain or Captains of the said Companies have in-
Usted a greater Number than is limHed above, the Captain of
the Company so suspected shall be obliged within fourteen Days
after Notice to deliver to the Captain General or Commander
44



Digitized by VjOOQ IC



846 LAWS OP THE COLONY OF NEW YORK.

in Chief, a true and compleat Roll of the Name and Names of
all the Persons he or they have on his or their List: And if
it thereby appears that more are inlisted than the Number above-
mentioned, all such Supernumerary Men are immediately to be
discharged out of such List, and the Captain is to give a List
of their Names to the Colonel or next Commanding Officer afore-
said, and the person and persons s6. discharged shall within
fourteen Days thereafter inlist him or themselves in one of the
Foot Companies of the said Regiment, and such of the persons
so discharged as shall omit to inlist themselves accordingly,
shall be subject to the Fines inflicted in this Act, on persons
omitting or neglecting to inlist in the Militia.

AND BE IT ENACTED by the Authority aforesaid, that



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 34 of 92)