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 40 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 40 of 92)
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Clerk, one Supervisor, two Assessors, one Collector two Con-
stables, three Overseers of the Poor, three Pence Viewers, two
Pound Masters and six Overseers of the Highways or as many
Pound Masters and Overseers of Highways as the Majority of
the Inhabitants at their said Annual Meetings respectively ^all



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396 LAWS OF THE COLONY OF NEW YORK.

think fit, which said Officers so elected shall each and every
of them have the same Powers and Authorities, that any of the
like Officers have in any other of the Precincts in the said
County, and shall be liable to the same Pains and Penalties, any
Thing in this or any other Act to the contrary thereof notwith-
standing.

AND BE IT ENACTED by the Anthority aforesaid, That the
Justices and Overseers of the Poor shall as soon as possible after
the Division of the said precinct as aforesaid call together all
and every of the Poor of the said Precincts and make as equal
Distribution of them as is possible in the said Precincts to be
for the future maintained by, and reside in the Precinct they
shall then be allotted to, and that all such Sum or Sums of
Money that shall or may be due by the said Precinct at the
Division thereof for the Maintenance of the Poor, shall be levied
proportionably on each of the respective precincts at the next
meeting of the Supervisors and Assessors.

AND BE IT ENACTED That the Inhabitants of Fredricks-
burgh Precinct shall annually meet on the first Tuesday of April
for the Election of Officers for said Precinct at the House of
Thomas Smith, in Fredricksburgh, and the Inhabitants of
Philipses Precinct shall meet on the same Day for the like pur-
poses at the House of John Crompton in Philipses Precinct, and
the Inhabitants of the South East Precinct shall meet on the
same Day for the like purposes at the Dwelling House of John
Rider in the said Precinct.

AND BE IT ENACTED That it shall and may be lawful for
the Inhabitants of each of the aforesaid Precincts, at any of
their annual Meetings for electing Officers as aforesaid by a
Majority of Voices of the Inhabitants so met, to appoint any
other certain Place for the next Election, which shall continue
to be the Place of Election till another appointment be made
in the same Manner.

AND BE IT ENACTED by the Authority aforesaid. That the
Inhabitants of Philipses and Fredricksburgh Precincts having
personal Estates to the value of sixty Pounds free from all In-
cumbrance, shall be and hereby are made liable to serve as
Jurors on the Trial of Causes in Justices Courts in the said
Precincts of Philips and Fredricksburgh, any Thing in the afore-
said Act to the contrary notwithstanding.



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'LAWS OF THE COLONY OF NEW YORK. 397



[CHAPTER 1556.]

[Chapter 1556, of Van Bchaack, where the act is printed in fuU. Ooi^
tinned by chapter 1694.]

An Act to prevent the Destruction of Fish
in the Countj of Suffolk.

[Passed; March 24, 1772.]
WHEREAS the Pish in the Bays, Rivers and Creeks in the
County of Suffolk are greatly diminished, and are likely in a
very short Time to be entirely destroyed, by reason of the In-
habitants fishing with long Seins or Nets in their Winter
Quarters, to the great Damage of the Inhabitants of said County
and the Public in general; 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 if any person or persons after the pub-
lication of this Act, shall draw any Sein or net of any length
whatsoever; or set any sein or Net of more than six Fathoms in
length with Mashes not less than three Inches square, from the
fifteenth Day of November, to the fifteenth Day of April in any
Year during the continuance of this Act, in any of the Bays,
Rivers or Creeks in said County, such Person or Persons shall
for each Offence forfeit the Sum of one hundred Pounds with
Costs of Suit, to be recovered in any Court of Record within
this Colony, by any Person or Persons, that will sue for the
same, the one half of the Forfeiture when recovered shall belong
to the prosecutor or prosecutors, and the other half to be paid to
the Treasurer of the said County to be disposed of by the Super-
visors towards defraying the Public Expence of the said County.
BE IT FURTHER ENACTED by the Authority aforesaid,
That if any Person or Persons shall be discovered to have any
Quantity of Fish or to have sold any Quantity of Fish, from
the fifteenth Day of November to the fifteenth Day of April, such
person or persons shall be deemed guilty, and shall suffer the
same Penalty as aforesaid to be recovered and applied as above
directed by this Act, unless he can make it appear that he has
caught them otherwise, than by such Seins or Nets prohibited
by this Act.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That if any Person or Persons shall be seen to carry anyj
Seins or Nets, in any fishing Craft in any of the Bays, Rivers ot



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893 LAWS OP THE COLONY OP ^NEW YORKL

Creeks In the said County^ within the aforesaid Time from tKe
fifteenth Day of Noyember to the fifteenth Day of April, of more
than six Fathoms in length, and shall be convicted thereof, such
Person op Persons shall forfeit the Sum of five Pounds to be re-
covered by any Person or Persons who will sue for the same with
Costs of Suit, before any one of his Majesty's Justices of the
Peace of said County, and disposed of as the other Forfeitures of
this Act are directed. This Act to continue in force from the
publication hereof until the fifteenth Day of April which will be
in the Year of our Lord one thousand seven hundred and seventy
•ix.

[CHAPTER 1557.]

[Gbapter 1557, of Van Scliaack, where the act Is printed in fuU. See
chapter 1785.]

An Act to prevent infectious Distempers in
the Counties therein mentioned.

[Paased, March 24» 1772.]

WHEREAS the Practice of Inoculation for the small pox is
«arried on in Houses situate near the Public Heads and landing
places in the Counties of West Chester, Dutchess and Orange
greatly prejudicial to the Inhabitants thereof.

BE IT THEREFORE ENACTED by his Excellency the Gov-
€rnor the Council and the General Assembly, and it is hereby
enacted by the Authority of the same. That in Case any Person or
Persons whatsoever shall carry on the Practice of Inoculation
for the small pox in the Counties of West Chester and Dutchess,
and in the precincts of Goshen and Cornwall in the County of
Orange within the distance of a quarter of a Mile of any
Dwelling House, Publio Road, or Landing Place within the
Counties aforesaid shall forfeit the sum of five Pounds for every
such Offence, which Offence is to be proved by two credible Wit-
nesses before any one of his Majesty's Justices of the Peace
within the Counties aforesaid where the Offence is committed
who is hereby impowered to hear, try and determine the said
Offence or Offences, to give Judgment and grant Execution for
the same, with Cost of Suit against the Offender or Offenders
Goods and Chattels within the space of three Months, one third
of the said Forfeiture to be for the prosecutor, and the other two
thirds for the use of the Poor of the Town, Borough, Manor or
Precinct within the said Counties where the Offence shall be



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liAWS OP THE COLONY OP NEW YOBK. 899

committed and in Case no Goods or Chattels can be found, then
the Offender or Offenders shall be committed to Goal for the
space of three Months withont Bail or Main-prize, except such
Fine as aforesaid shall be sooner paid.

PEOVIDED ALWAYS, and be it further Enacted by the Au-
thority aforesaid. That Nothing herein contained shall be con-
strued to prevent any private Family from being inoculated in
their own Dwelling Houses within the said Counties and pre
cincts, provided the same shall be a Quarter of a Mile distant at
the least from any public Landing, and provided also that no
person whatsoever shall be there Inoculated except their own
Family, any Thing herein contained to the contrary notwith-
standing.

This Act to continue in force until the first Day of February
one thousand seven hundred and seventy five.

[CHAPTEB 1558.]

[Ohapter 1558^ of Van Schaack, where the act Is printed In fuU. Bee
chapter 172.]

•An Act to amend an Act entitled "An Act
**for the more effectual preservation of Deer
"and other Game and the Destruction of
" Wolves, Wild Cats and other Vermin." so far
*^as it relates to the Township of Huntingtown
**and the precinct of Islip in Suffolk County.
[Passed, March 24. 1772.]
WHEREAS by the third Clause in the aforesaid Act entitled
**An Act for the more effectual preservation of Deer and other
** Game, and the Destruction of Wolves, Wild Cats and other
^ Vermin." passed in the seventh year of her late Majesty Queen
'Ann, it is among other Things provided and enacted that who-
soever whether Christian or Indian Freeman or Slave after the
publication thereof should kill or destroy any Heath Hens, Par-
tridges or Quails, their Eggs or Toung ones, within the Counties
of Suffolk Queens or Kings at any Time in the Months of April,
May, June, or July should for every such Offence forfeit and pay
the Sum of two Shillings and six pence, or in Default thereof
suffer two Days and an half Imprisonment. AND WHEREAS
it is conceived that the Penalty mentioned in the said Act is too
lowland the Time therein allowed for the Killing of the said
Game too long to answer the good purposes thereby intended. ;



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400 LAWS OF THE COLONY OP NEW YORK.

BE IT THEREFORE ENACTED by his Excellency the Got-
ernor the Council and the General Assembly and it is hereby
enacted by the Authority of the same That if any Person or Per-
sons whatsoever within the Township of Huntingtown, or the
Precinct of Islip in Suffolk County after the publication of this
Act shall till or destroy any Heath Hen, Partridge or Quail
their Young ones or Eggs at any Time from the first Day of
March to the fifth Day of October in any of the Years during the
continuance of this Act every such person or persons shall forfeit
the sum of ten shillings with Costs of suit for every Offence con-
trary to the true Intent and meaning of this Act, the one half of
all such Forfeitures shall be to him that will sue for the same,
to be recovered before any one of his Majesty's Justices of the
Peace in this Colony, who is hereby authorized and required to
hear and determine the same, and the other half to the use of the
Poor of the aforesaid Town or precinct where the Offence shall
be committed; and for want of Effects whereon to levy the afore-
said Forfeitures with Costs of suit, such person or persons shall
be committed to the common Goal of the County where the
Offence is committed, for the space of one Month if not sooner
discharged by paying the aforesaid Forfeitures with Costs.

And for the better conviction of Offenders against this Act BE
IT ENACTED by the Authority aforesaid, That every person or
persons in whose Custody shall be found, or who shall expose to
sale, any Heath Hens, Partridges, Quails, their young ones or
Eggs from the first Day of March to the fifth Day of October,
and shall be convicted thereof by the Oath of one credible Wit-
ness or by the Confession of the person shall be deemed and ad-
judged Guilty of the Offence and suffer as aforesaid, this Act to
be and remain in force until the first Day of February in the Year
of our Lord one thousand seven hundred and eip'htv.

[CHAPTER 1559.]
[Chapter 1559, of Tan Schaaek, where the act Is printed fn fnlL]

An Act for the better ascertaining the
Boundaries of the Counties of Cumberland and
Gloucester.

[Passed, March 24, 1772.1

WHEREAS his present most gracious Majesty by his Royal
Letters Patent under the Great Seal of this Colony bearing Date
the nineteenth Day of March in the Year of our Lord one thou-
sand seven hundred and sixty eight was pleased to erect and con-



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LAWS OP THE COLONY OF NEW YOKK 401

■titute Into one Distinct and separate County. ALL that Tract
OP District of Land situate in this Colony on the West side of
Connecticut River, Beginning at a Point on the West Bank of
the. same Riyer opposite to where the lane run for the Partition
Line betwen the Colonies of the Massachusetts Bay and New
Hampshire touches the East side of the same River, and running
thence West ten Degrees North on a direct Line about twenty
six Miles to the south East Corner of a Tract of Land called
Stamford, thence North about thirteen Degrees East on a direct
Line fifty six Miles to the south East Corner of the Township of
Socialborough in the County of Albany: thence North about
fifty three Degrees East on a direct Line thirty miles to the south
West Comer of the Township of Tunbridge; — thence along the
south Bounds thereof, and of Stratford and Thetford about eigh-
teen miles to Connecticut River aforesaid, and thence along the
West Banks of the same River to the place of beginning. And
did thereby ordain, establish and declare that all and singular
the Lands comprized within the Limits aforesaid should forever
thereafter be continue and remain a distinct and separate County
to be called known and distinguished by the Name of the County
of Oamberland: and did further Grant and declare that his lov-
ing Subjects then residing, and who thereafter should Inhabit
within the same County might at their own Charge erect a Court
House and Goal in the Township of Chester, which as nearest
to the center of the said County would be most convenient
AND WHEREAS his said most gracious Majesty by other
Letters Patent under the Great Seal of the said Colony
bearing date the sixteenth Day of March in the Year of our
Lord one thousand seven hundred and seventy was further pleased
to erect and constitute into another distinct and separate County.
ALL that certain Tract or District of Land situate in this Colony
on the West Side of the said Connecticut River to the Northward
of the said County of Cumberland, Beginning at the North West
Comer of the said County of Cumberland, and thence running
North fifty Miles; thence East to Connecticut River, thence along
the West Bank of the same River as it runs to the North East
Comer of the said County of Cumberland on the said River, and
thence along the North Bounds of the said County of Cumberland
to the place of beginning above mentioned, and did thereby or-
dain establish and declare that all and singular the said Lands so
comprized v. ithin the Limits last above-mentioned should forever
Vol. V. 51



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(102 LAWS OP THE COLONY OP NEW YOKE,

thereafter be continue and remain a County distinct and separate
bj itself to be called distinguished and known by the Name of the
County of Gloucester, and that the Township of Kingsland con-
tained within the said County of Gloucester should forever there-
after be the County Town of and for the said County, and that it
should and might be lawful for the Inhabitants of the said County
of Gloucester at their own Expence and charge to erect within the
said Township of Kingsland a Court House and Goal for the said
County of Gloucester AND WHEREAS the Limits of several of
the Townships upon which by the said first recited Letters Patent
the said County of Cumberland is bounded have never been fixed,
surveyed nor ascertained by Lawful Authority, nor the said
Townships hitherto been granted under the great seal of this
Colony, and the said County of Gloucester being bounded and de-
pending upon the said County of Cumberland, both the said
Counties are thereby at present exposed to the Danger and Incon-
veniencies of an Obscure precarious and uncertain Jurisdiction,
which must be productive of future Controversy and disquiet, and
greatly embarrass the Courts, Ministers and Officers of Justice in
the exercise of their authority and Duty, for Remedy whereof,

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 the said County of Cumberland shall
forever hereafter be bounded and limited as follows, to wit.
BEGINNING on the West Bank of Connecticut River opposite
to the point where the Partition Line between the Colonies of
the Massachusetts Bay and New Hampshire touches the East
side of the said River, and extending from thence North eighty
Degrees West until such Line shall meet with and be intersected
by another Line proceeding on a Course south ten Degrees West
from the North West Corner of a Tract of Land granted under
the Great Seal of this Colony on the fourth Day of September
one thousand seven hundred and seventy to James Abeel and
nine other persons and extending from the said Point of inter-
section North ten Degrees East until such Line shall meet
with and be intersected by another Line to be drawn on a Course
North sixty Degrees West from the South West Comer of a
Tract of Land granted under the Great Seal of this Colony on
the thirteenth Day of November in the Year of our Lord one
thousand seven hundred and sixty nine and erected into a
Township by the Name of Royalton, and running from the last
mentioned Point of intersection south sixty Degrees East to the



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LAWS OF THE COLONY OF NEW YORK. 403

West Bank of Connecticut River, and so down along the West
Bank of the said Riyer as the same River winds and turns to
the place of beginning; all and singular which Lands included
and comprized within the Limits and Description last aforesaid
shall be continue and forever remain a distinct and separate
County to be called known and distinguished by the Name of
the County of Cumberland.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the said County of Gloucester shall forever hereafter
be bounded and limited as follows, to wit, on the South by the
North Bounds of the County of Cumberland on the East by the
East Bounds of this Colony, on the North by the North Bounds
thereof, on the West and North West partly by a Line to be
drawn from the North west Corner of the said County of Cum-
berland on a Course North ten Degrees East until such Line
shall meet with and be intersected by another Line proceeding
on an East Course from the south Bank of the Mouth of Otter
Creek, and partly by another Line to be drawn and continued
from the said last mentioned point of Intersection on a Course
North fifty Degrees East until it meets with and terminates
at the said North Bounds of the Colony all and singular which
Lands included and comprized within the Limits and descrip-
tion last aforesaid shall be continue and forever remain a distinct
and separate County, to be called known and distinguished by
the Name of the County of Gloucester.

[CHAPTER 1560.1
tOhapter 1560, of Van Schaack, where the act is printed In fulL]

An Act for erecting a more convenient
Court House and Goal; for altering the Terms
appointed for holding the Courts of Common
Pleas and General Sessions of the Peace; and
for enabling the Inhabitants to elect Super-
visors and other County Officers, in and for the
County of Cumberland.

[Passed, March 24. 1772.1
WHEREAS it is necessary to the Administration of Justice
that a more convenient Court House and Goal should be built
in some convenient place in the County of Cumberland which
his Majesty hath been pleased to erect into a separate County
with the power of holding an Inferior Court of Common pleas,
and a Court of General Sessions of the Peace; And it is also



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404 LAWS OF THE COLONY OF NEW YORK.

highly expedient, that the Inhabitants of the said County shonld
be enabled to elect and choose Supervisors and other County
OflQcers for 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 Supervisors to
be chosen for the said County in the manner hereafter directed
shall assemble and meet together on the last Tuesday in May
next, at the Court-House in the Township of Chester in the
said County, and shall then and there, by plurality of Voices
of such of them as shall then and there be assembled, agree upon
determine and ascertain the Township or Place within the said
County, where a Court House and Goal shall be erected and
built and shall certify and declare the same by an Instrument
under their Hands and Seals, which shall be filed with the Clerk
of the said County and recorded in his Office; and such Township
or Place so to be agreed upon and ascertained shall be md
remain the County Town of and for the said County; if not dis-
approved of by the Governor or Commander in Chief for the
Time being with the Advice and Consent of the Council.

AND BE IT FURTHER ENACTED by the authority afore-
said. That it shall and may be lawful to and for the Supervisors
of the said County, or the major Part of them, and they are
hereby directed and required after ascertaining the Township
OP Place wherein the said Court House and Goal shall be erected
to raise levy and collect upon and from the Freeholders and
Inhabitants of the said County a sum not exceeding two hun-
dred and fifty Pounds to be applied towards the erecting and
building such Court House and Goal in and for the said County,
and that the same shall be raised levied and collected in the
same manner as the Necessary and contingent Charges of other
Counties of this Colony are by Law directed to be raised and
levied.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Supervisors of the said County, or the major
Part of them shall nominate and appoint three fit Persons to
superintend and direct the Building of the said Court-House and
Goal, and the laying out and expending the Monies to be raised
for that purpose, and who shall, and are hereby enjoined to
render a just Account thereof upon Oath to the Court of Gen-
eral Sessions of the Peace when thereunto required, and the re-
spective Collectors who shall levy and collect the said money



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LAWS OP THE COLONY OF NEW YOKE. i03

Bliall and are hereby directed and required to pay the same into
the Hands of the said three Persons so to be appointed as afore-
said to superintend the said Business.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the Judges and Justices of the Peace of the said
County shall assemble and meet together at the Court Hou.se
in the said Township of Chester on the first Tuesday in May
next, and that they or the major Part of them so to be as-
sembled, shall and they are hereby authorized and requir(»d
to form divide and distinguish such Parts of the said County
as are not erected into Townships under the Great Seal of this
Colony into CouTenient Districts of which a Description shall be
made in Writing and subscribed by them and filed with the Clerk
of the said County and the same shall also be recorded by him
in a Book to be kept for that purpose, and the said Districts so
to be formed, shall remain and continue Districts until the same
shall be erected into Townships by Letters Patent under the
Great Seal of this Colony, And it shall and may be lawful to
and for the Freeholders and Inhabitants of each respective
District on the third Tuesday in May next to elect and choose
from among the Freeholders and Inhabitants of the same re-
spectively one Supervisor, two Assessors, two Collectors, two
Overseers of the Poor three Commissioners for laying out the
Highways, & also so many Persons to be Surveyors & Overseers
of the Highways, as the Major Part of the Freeholders and In-
habitants of each Town and District shall judge necessary, two
Fence Viewers, and four Constables, which Officers so from Time
to Ttme to be elected and chosen shall have and enjoy, and are
hereby invested with all the Rights and powers which such
County Officers have and enjoy within the other Counties of tliis
Colony, and shall be and are hereby made subject and liable to
all the Regulations and Penalties directed by an Act pnssed in
this present sessions entitled. "An Act to enable the Inhabitants
" of the County of Charlotte to raise and defray the Public and
** Necessary Charges of the said County and to choose County
" Officers," and that it shall and may be lawful to and for the
Freeholders and Inhabitants of each respective Township now
or hereafter to be erected, and of each respective District yeirly
and every year forever thereafter to choose other Freeholders



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 40 of 92)