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 36 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 36 of 92)
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only taking Notice of the Title of such Acts^ when passed, and
when expired*



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350 LAWS OF THE COLONY OF NEW YORK.

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 he the said Peter Van
Schaack Esquire, shall be and hereby is fully authorised and ap-
pointed to do the said Work, and for the better enabling him to
perform the same in the Manner beforementioned, he shall and
may from Time to Time have recourse to the original Acts, the
Council Books, and the Journals of the General Assembly.

AND BE IT ENACTED by the Authority aforesaid That upon
the said Peter Van Schaack's producing to the Treasurer of this
Colony a Certificate to be signed by the Governor or Commander
in Chief for the Time being, and by three or more of the Council
and likewise by the Speaker of the General Assembly for the
Time being, certifying, that they take the same Work to be con-
formable to the true Intent and meaning of this Act, the said
Treasurer shall thereupon be, and hereby is impowered and re-
quired to pay unto him the said Peter Van Schaack or to his
Assigns the Sum of two hundred and fifty Pounds out of any
Monies which shall then be in the Treasury granted or to be
granted for the support of the Government of this Colony any
Law to the contrary thereof notwithstanding; and a proper Re-
ceipt upon the said Certificate shall be to the Treasurer a good
Voucher and Discharge for the same.

AND BE IT ENACTED by the Authority aforesaid, That
Hugh Gaine shall and hereby is impowered to print the said
Work on the best paper and large Folios, and with the usual
Types for such Work, and to deliver one printed Book thereof
compleatly Bound in Calves Skin to the Governor or Commander
in Chief for the Time being, one other for the use of the Council
and four for the use of the General Assembly of this Colony.

BE IT ENACTED by the Authority aforesaid, That upon the
said Hugh Gaine's producing to the Treasurer aforesaid a Cer-
tificate from the Governor or Commander in Chief from the Coun-
cil, and from the Speaker of the General Assembly for the Time
being, certifying, That they have respectively received the said
printed Books compleatly bound as aforesaid, according to the
true Intent and meaning hereof the said Treasurer shall there-
upon be, and he is hereby impowered and required to pay unto the
said Hugh Gaine the Sum of twenty Shillings for every Sheet of
paper in the said printed Books, so compleatly bound up as afore-
said, out of any Monies in the Treasury as aforesaid, and a
proper Receipt signed by the said Hugh Gaine for the



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LAWS OP THE COLONY OP NEW TOKK. 857

fiame shall be to the Treasurer a sufficient Voucher and discMrge
provided the same do no not exceed the Sum of twenty Shillings
for each Sheet as aforesaid.

PBOVIDED ALWAYS and be it Enacted by the Authority
aforesaid, That they the said Peter Van Schaack and Hugh Gaine
shall with all convenient speed fulfil accomplish and compleat the
Work aforesaid by them undertaken in Manner as aforesaid.

[CHAPTER 1544.]
[Chapter 1544, of Van Schaack, where the act is printed in f ulL Beviyed
by chapter 1726.]

!A.n Act to oblige the Justices of the Peace
at their general or Quarter Sessions to deter-
mine Appeals made to them according to the
' Merits of the Case, notwithstanding Defects of
Form in the Original proceedings, and to oblige
Persons suing forth Writs of Certiorari to re-
move Orders made on such Appeals, into the
Supreme Court of this Colony, to give Security
to prosecute the same to effect,

[Passed, March 24, 1772.]
WHEREAS in many Cases where his Majesty's Justices of the
peace by Law are impowered to give or make Judgment or Or-
ders, great Expences have been occasioned by reason that such
Judgments or Orders have, on Appeals to the Justices of the
Peace at their respective General or Quarter Sessions been
quashed or set aside upon exceptions or Objections to the Form
or Forms of the proceedings without hearing or examining the
Truth and Merits of the Matter in Question between the Parties
concerned, therefore 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 Au-
thority of the same. That after the first Day of May next upon all
Appeals to be made to the Justices of the Peace at their respective
General or Quarter Sessions to be holden for any County City,
Borough or place within this Colony against Judgments or Or-
ders given or made by any Justices of the Peace as aforesaid,
such Justices so assembled at any General or Quarter sessions
shall, and they are hereby required from Time to Time within
their respective Jurisdictions upon all and every such Appeals so
made to them, to cause any Defect or Defects of Form that shall



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858 LAWS OF THE COLONY OF NEW YORK.

be found In any encli Original Judgments op Orders to be recti-
fied and amended without any Goat or Charge to the Parties
concerned, and after such Amendment made, shall proceed to
hear examine and consider the Truth and Merits of all Matters
concerning such Original Judgments or Orders and likewise to
examine all Witnesses upon Oath and hear all other Proofs re-
lating thereto, and to make such Determinations thereupon as by
Law they should or ought to have done in case there had not been
such Defect or want of Form in the original Proceeding, any
Law, Usage or Custom to the contrary notwithstanding.

AND WHEREAS divers Writs of Certiorari have been pro-
cured to remove such Judgments or Orders into the Supreme
Court of this Colony in hopes thereby to discourage and weary
out the Parties concerned in such Judgments or Orders by great
Delays and Expences, BE IT THEREFORE ENACTED by the
Authority aforesaid That no Certiorari shall be 'allowed to re-
move any such Judgment or Order unless the Party or Parties
prosecuting such Certiorari before the Allowance thereof, shall
enter into a Recognizance with sufficient sureties before one or
more Justices of the Pes^ce of the County or Place, or before the
Justices at their General or Quarter Sessions of the Peace where
such Judgment or Order shall have been given or made, or before
any one of his Majesty's Justices of the said Supreme Court in
the Sum of fifty Pounds with Condition to prosecute the same at
his or their own Costs and Charges to Effect, without any wilful
or Affected Delay, and to pay the Party or Parties in whose
favour and for whose Benefit such Judgment or Order was given
or Made within one Month after the said Judgment or Order
shall be confirmed, their full Costs and Charges to be taxed ac-
cording to the Course of the Court where such Judgments or Or-
ders shall be confirmed, and in Case the Party or Parties
prosecuting such Certiorari shall not enter into such Recogni-
zance, or shall not perform the Conditions aforesaid, it shall and
may be lawful for the said Justices to proceed and make such
further Order or Orders for the Benefit of the Party or Parties
for whom such Judgment shall be given, in such Manner as if no
Certiorari had been granted.

AND IT IS HEREBY FURTHER ENACTED by the Au-
thority aforesaid That the Recognizance and Recognizances to
be taken as aforesaid shall be certified into the Supreme Court,
and there filed with the Certiorari and Order or Judgment re-
moved thereby, and if the said Order or Judgment shall be



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LAWS OF THE COLONY OP NEW YORK. 339

confirmed by the said Court, the persons entitled to such Costs
for the Recovery thereof within ten Days after Demand made of
the Person or Persons who ought to pay the said Costs upon
Oath made of the making such Demand and Refusal of payment
thereof, shall hare an Attachment granted against him or them
by the said Court for such Contempt, and the said Recognizance
so given upon the allowing of such Certiorari shall not be dis-
charged, until the Costs shall be paid, and the Order so con-
firmed shall be complied with and obeyed.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That this Act shall continue and be in force until the first
Day of February which will be in the Year of our Lord one thou-
sand seven hundred and seventj five.

[CHAPTER 1546.]

[Chapter 1545» of Van Schaack, where the act is printed In fulL]

An Act to enable any one of the Coroners
for the different Counties within this Colony, to
make Return to process.

[Passed, March 24, 1772.]

WHEREAS Justice has been frequently delayed on Account
of the Difficulty and Expence in procuring all the Coroners of
such Counties in this Colony, in which there are two or more,
to make and sign Returns to Process to them directed, occa-
sioned by the Remoteness of their situations from each other.

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor, the Council and the General Assembly, and it is hpieby
enacted by the Authority of the same. That from and after the
I^nblication of ii«is Act, any Return made and signed by any
one of the Coroners in any of the Counties in this Colony re-
spectiv^^ly for the Time being, to any future process which shall
issue from and out of any of his Majesty's Courts of Record
within this Colony, directed to the Coroners of the said Counties
respectively, shall and is hereby declared to be as good and
valid in Law to all Intents Constructions and purposes as If
such Return was made and signed by all the Coroners of the
said Counties respectively, any Law, usage or Custom to the
Contrary notwithstanding. PROVIDED ALWAYS and be it
also enacted that the Act or Return of one or more of the (l!or-
oners shall in no degree prejudice the rest, and that nothing
In tliis Act contained shall be construed to extend to any Venire
Facias or other Jury process in any Cause whatsoever.



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860 LAWS OP THE COLONY OP NEW TOBK.



[CHAPTER 1546.]
[Chapter 1M6, of Van Scbaack, where the act is printed In fuIL]

An Act for carrying into execution Judg-
ments obtained by virtue of an Act entitled,
**An Act to impower Justices of the Peace
" Mayors, Recorders and Aldermen to try
" Causes to the Value of ten Pounds and under
** and for buspending an Act therein mentioned."

[Passed, March 24, 1772.J
WHEREAS his Majesty by his Order in Council at the Court
of St. James's bearing date the ninth Day of December one thou-
sand seven hundred and seventy hath been pleased with the
Advice of his privy Council to declare his disallowance of the
abovesaid Act, AND WHEREAS several Judgments have been
given by virtue of the above said Act, before the Disallowance
thereof as aforesaid; but have not been fully carried into execu-
tion by which means many honest Creditors have been kept out
of their just Dues, to remedy which.

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 where any such
Judgment hath been given by any Justice of the Peace, Mayor,
Recorder or Aldermen by virtue of the abovesaid Act entitled.
"An Act to impower Justices of the Peace, Mayors, Recorders
"and Aldermen to try Causes to the value of ten Pounds and
" under and for suspending an Act therein mentioned,*' before
the Disallowance thereof as abovesaid, shall and may be carried
into execution, and all other proceedings had thereon, in the
same Manner as fully and effectually as if the abovesaid Act
had not been disallowed, any Thing in the aforesaid Act to the
contrary hereof notwithstanding

PROVIDED ALWAYS And be it further enacted by the
Authority aforesaid. That Nothing in this Act shall extend
or be construed to extend to affect any Action already brought
or had in any Inferior Court of Common pleas or before any
Justice of the peace. Mayor, Recorder or Aldermen to recover
such Debts or Demands given by such Judgment as aforesaid.



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EiAWS OP THE COLONY OE NEW YOKK. 381



[CHAPITER 1547.]
[Ohapter 1547« of Yan Schaack, where the act Is printed In tnU. See
diAptar 185S.]

An Act to amend an Act entitled ''An Act
** to ascertain the size of Casks in which white
" Bread shaii be packed within the City of New
" York, and to regulate the Manner in which the
^ same shall be sold"

[Passed, March 24, 1772.]

(WHEREAS by the aforesaid Act passed the sixth Day of Feb-
rnary one thousand seven hundred and sixty eight, it is among
other Things enacted that no white Bread shall be packed in
Casks less than eighteen Inches and an half long, and eleren
Inches wide in the Head, nor shall contain less than twenty
Pounds weight of Bread which being found inconvenient.

BE IT THEREFORE ENACTED by his Excellency the Gover-
nor the Council and the General Assembly and it is hereby en-
acted by the Authority of the same. That from and after the first
Day of May next, all white Bread may be packed in Casks not
being less than fifteen Inches long, and ten Inches wide in the
Head and not containing less than fifteen Pounds weight of Bread,
anj Thing in the said Act to the contrary notwithstanding.

[CHAPTER 1648.]
[Ohapter 1548, of Van Schaack, where the act is printed In full.]

An Act for the Inspection of Flax in the
City of New York,

[Passed, March 24, 1772.]

WHEREAS the cleaning of Flax in this Colony to prepare it
for spinning and Rope Making has become an Object of some Im-
portance, and as abuses are committed in the sale of Flax
altogether unfit for the said purposes, to the great Damage of the
purchasers, for the prevention therefore of the said Evil 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 from and after the tenth Day of
April next ensuing no Person or Persons whatsoever shall sell or
expose to sale any Flax in the City of New York, before the same
shall have been submitted to the view and examination of the
46



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362 LAWS OP THE COLONY OF NEW YORK.

Inspecter herein after named, who shall try the same by opening
the Bundles, and then carefully examine if it be clean and well
dressed, and shall sort the same if necessary, putting that which
is Merchantable by itself in Bundles, which he shall Mark and
distinguish by affixing thereto a Label, having on it the Words,
** inspected," and, " New York." together with the initial Letters
of his Christian Name and Sirname; for which Trouble the said
Inspecter shall have and receive one Farthing per pound, for
every Pound he shall so inspect; one half whereof to be paid by
the purchaser, and the other half by the vender,

AND BE IT ENACTED by the Authority aforesaid That if any
Dispute shall happen to arise between the Owner and Inspecter
in regard to the cleanness and Quality of the Flax, the Owner
shall choose one skilful Person and the said Inspecter one other,
and if the Persons so chosen do not agree, they shall choose a
third Person, and the three Persons so chosen or any two of them,
shall finally determine the Dispute.

AND BE IT ENACTED by the Authority aforesaid That if any
Person or Persons whatsoever shall sell, dispose of, or offer for
sale, any Flax within the City of New York until it shall have
been inspected and marked as aforesaid, that ever^ such Person
and Persons shall forfeit three pence per pound for every Pound
of Flax so sold contrary to this Act, and at and after that Rate for
every greater Quantity, to be sued for and recovered by Action of
Debt with Costs of Suit, in a Summary way, by any Person who
will sue for and prosecute the same before any Justice of the
Peace within the City of New York to be levied by process to be
directed to either of the Constables or other proper Officer of the
City commanding them, or either of them to levy the same by Dis-
tress and sale of the Offenders Goods and Chattels, which For-
feiture, when recovered as aforesaid, to be applied by the Person
recovering the same, to his or her own use; And if any person or
persons shall presume to counterfeit the Label or Mark of the
said Inspector, he, she, or they so offending shall forfeit for every
such Offence the sum of five Pounds to be sued for, recovered and
applied in manner aforesaid.

AND BE IT FURTHER ENACTED that Obadiah Wells, shall
be, and hereby is appointed Inspector of Flax within the City of
New York, which said Inspector, before he does any Thing in
execution of the said Office, shall take an Oath before the Mayor
or Recorder of the City of New York, in the Words following, to
wit. ** I A. B. do swear that I will faithfully, truly and impartially



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LAWS OP THE COLONY OP NEW YOBIL SQ»

** according to the best of my Judgment skill and Understanding,
** execute, do and perform the Office and Duty of an Inspector and
** examiner of Flax according to the true Intent and meaning of
" an Act entitled "An Act for the inspection of Flax in the City
" of New York, and I will not directly or indirectly buy or sell
**any Flax during the Time I continue Inspector of the same,
" except for the private use of my Family, so help me God." and
If the Officer hereby appointed shall by any accident be rendered
incapable or neglect to execute the said OflSce or misbehave him-
self therein or shall happen to die, then and so often and from
Time to Time in such Cases, it shall and may be lawful 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 here-
after to be passed for that purpose, which Officer so appointed
shall take the Oath abovementioned, have the same Powers, and
be liable to the same penalties as the Officer particularly ap-
pointed by this Act, any Law Usage or Custom to the contrary
notwithstanding.

PROVIDED ALWAYS and be it enacted by the Authority
aforesaid, That the said Inspecter shall be obliged to procure a
House or Store proper for the inspection of the said Flax, to be
situated near the Water, between Peck's and Burling's slips in
this City.

This Act to continue in force from the tenth Day of April next,
until the first Day of February one thousand seven hundred and
8even{y four,

[CHAPTER 1549.]
[Ohapter 1640, of Van Schaack, where the act Is printed In fuU.]

An Act to prevent the Danger arising from
the pernicious Practice of lodging Gun Powder
in dwelling Houses Stores or other Places
within the City of New York or on board of
Vessels within the Harbour.

[Passed, March 24, 1772.]

WHEREAS the City of New York has lately been greatly en-
dangered by the Storing of Gun Powder to the Southward of
Freshwater contrary to Law, notwithstanding the Corporation
have long Since provided a Powder House for that Purpose.
BE IT THEBEFOBE ENACTED by his Exoellency the Gov-



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36* LAWS OF THE COLONY OF NEW YORK.

eruor the Council and the General Assembly and it is hereby en-
acted by the Authority of the same, That from and after the
passing of this Act it shall not be lawful for any Person or Per-
sons, other than Shopkeepers and Retailers of Gun Powder, to
have or keep in any Place within two Miles of the City Hall of
the said City, more than Six Pounds of Gun Powder, nor for
Shopkeepers and Retailers more than twenty eight Pounds
weight of Gun Powder, and that in four Separate Stone Jugs or
leathern Bags, each of which shall not contain more than seven
Pounds of Gun Powder upon Pain of forfeiting all such Gun
Powder, and the sum of Forty Pounds for every hundred weight,
and in that Proportion for a greater or less Quantity, and upon
Pain of forfeiting all such Quantities which any Person may
lawfully keep as aforesaid, and which shall not be separated as
above directed with full Costs of Suit to any Person or Persons
who will inform and sue for the same, by any Action Bill or In-
formation in any of his majesty's Courts of Record in this Colony;
which Courts are hereby impowered and required to give special
Judgment in such Actions Bills or Informations to be brought
upon this Act, as well for the recovery of such Gun Powder in
Specie, as for the Penalty aforesaid, besides Costs, and to award
effectual Execution thereon.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that it shall be lawful for the Mayor or Recorder or any two
Justices of the Peace of the City and County of New York, upon
Demand made by any one or more Householder or Householders
being an Inhabitant or Inhabitants of the said City, within two
Miles of the City Hall of the said City, assigning a reasonable
Cause of Suspicion on Oath, of the suflBciency of which Cause the
said Mayor or Recorder or Justices is and are to judge, to issue
his or their Warrant or Warrants under his or their Hands and
Seals, for searching in the Day Time for Gun Powder within the
Limits aforesaid any such Building or Place whatsoever, or any
such Ship or Vessel within twelve Hours after her Arrival and
fastening to the Wharf or to any other Ship or Vessel along side
of the Wharf or Key of which Building Place Ship or Vessel such
reasonable Cause of Suspicion shall be assigned on Oath as afore-
said; and that upon every or any such Search it shall be lawful
for the Searchers or Persons finding the same immediately to
seize and then or at any Time within twelve Hours after such
Seizure to amove or cause to be amoved all such Gun Powder as
shall be found within the Limits aforesaid, or on Board of such



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LAWS OP THE COLONY OP NEW YORK. • 365

Vessel as aforesaid. upon any such search, exceeding the Quantitj
allowed by this Act, to some proper Magazine now or to be built
for the Purpose of Storing of Gun Powder, and the same being
so amoved, it shall be lawful to detain and keep the same until
it fehall be determined in one of his Majesty's Courts of Record of
this Colony, whether the same shall be forfeited by virtue of this
Act, and the Person or Persons so detaining the same, shall not
in the mean Time be Subject or liable to any Action or Suit for
the keeping or detaining the Same, until it shall be determined
whether the same be forfeited as aforesaid.

PROVIDED ALWAYS AND BE IT ENACTED by the Same
Authority that nothing in this Act contained shall be construed
to countenance or Authorize any Person having such Warrant
to talce Advantage of the same for serving any Civil Process of
any Kind whatsoever, but that all such Service shall be abso-
lutely null and void.

PROVIDED ALSO AND IT IS HEREBY FURTHER EN-
ACTED by the Authority aforesaid That it shall not be lawful
for any Person or Persons interested in such Gun Powder or any
Person or Persons by Collusion with the Owners or Proprietors
thereof to have or maintain any Action Bill or Information upon
this Act, any Thing herein contained to the contrary notwith-
standing.

AND for preventing the dangerous Carriage of Gun Powder
in and through the Streets of the City of New York within two
Miles of the City Hall of the said City BE IT ENACTED by
the Authority aforesaid That from and after the passing of this
Act it shall not be lawful for any Person or Persons to carry
or convey in or through any of the Streets or Lanes within the
Limits aforesaid more than five hundred Pounds weight of Gun
Powder at a Time; and that all Gun Powder which shall be
carried or conveyed in any Carts or Carriages, or by Hand or
otherwise in or thro' any of the Streets or Lanes aforesaid after
the Time aforesaid shall be in tight Casks well headed and
hooped and shall be put into Bags or Cases of Leather and
intirely covered therewith so as that no Such Gun Powder be
spilt or Scattered in the Passage thereof; AND if at any Time
after the Passing of this Act any Gun Powder shall be carried
or conveyed by any Person or Persons in or through any of the
Streets or Lanes aforesaid in any greater Quantity, or in any
other Manner than as aforesaid all such Gun Powder shall be for-
feited, and shall and may be seized by any Person or Persons to



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866 * LAWS OF THE COLONY OF NEW YOEIC

his or their own Use and Benefit the Person o'r Persons so offend-
ing being thereof lawfully convicted before two Justices of the
Peace PROVIDED ALWAYS that this Act or any Thing herein
contained shall not extend or be construed to extend in any
wise to affect any Ship of War, Store house or Magazine be-



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 36 of 92)