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 41 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 41 of 92)
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and Inhabitants of each respective Township and District to
succeed to and supply the said several Offices, the Elections for
Townships to be made at the Times and Places prescribed bj



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408 LAWS OP THE COLONY OF NEW YORK.

their respectlre Charters, and for Districts on the third Tuesday
in May in every Year: And that a County Treasurer shall also
be annually appointed and chosen for the said County of Cum-
berland in the Manner and Form, and for the purposes, and to be
subject to the Regulations and Penalties prescribed and directed
in and by the said last mentioned Act with respect to the County
Treasurer of the said County of Charlotte.

AND BE IT FURTHER ENACTED that the Publio and
necessary Charges of the said County of Cumberland, shall be
raised levied and defrayed in the same Manner as the Public and
necessary Charges of the other Counties of the said Colony are
by Law directed to be raised and defrayed.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That from and after the first Tuesday in June now next
ensuing, the Inferior Courts of Common Pleas and General Ses-
sions of the Peace for the said County shall begin sit and be held
in and for the said County, in the County Town so to be appointed
In pursuance of this Act, and at the four several Times following
(to wit) on the second Tuesday in June, the second Tuesday in
September, the second Tuesday in December, and the second
Tuesday in March in every Year, which said several Terms or
sittings shall be held and continue for any Time not exceeding
four Days respectively: And the said respective Courts shall
have, exercise and enjoy all the Powers and Authorities lawfully
exercised and enjoyed by any other the like Courts within this
Colony. PROVIDED ALWAYS and be it further enacted that
the first and next of the said Courts of Common Pleas and Gen-
eral Sessions of the Peace shall be opened for the said County
at the Time and place to which the same now stand adjourned,
and shall from thence be adjourned with all presentments, In-
dictments, Suits, Causes, Plaints, Writts, processes and pro-
ceedings, whether Criminal or Civil, and all Parties charged,
prosecuting or defending therein, to the next following Term
established by this Act, and to the Place which in pursuance
hereof shall be appointed for the County Town of the said County,
and the same shall then and there be proceeded upon as the Law
directs, any Thing in this Act, or any Law Ordinance, Usage or
Custom to the contrary thereof in any wise notwithstanding.

PROVIDED ALWAYS and be it also enacted by the An-
thority aforesaid, That notwithstanding any Thing in this Act,
or the Letters Patent erecting the said County of Cumberland
contained to the contrary, it shall and may be lawful for the



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LAWS OF THE COLONY OF NEW YORK. 407

Govemop op Commandep in Chief for the Time being with the
Advice and Consent of the Council, bj Ordinance under the Great
Seal of this Colony from Time to Time to fix the Terms and Times
for the sittings of the several Courts in this Act mentioned, as
hath been anciently used in the other Counties of this Colonja

[CHAPTER 1561.]

[Chapter 1561, of Van Bcbaaek, where the act is printed in fulL
Amended by chapter 1685.]

An Act for the better laying out regulat-
ing and keeping in repair the Common and Pub-
lic Highways in the County of Charlotte.

I Passed, March 24, 1772.]

WHEREAS Nothing is more highly conducive to the settle-
ment and Improvement of a new Country and the Ease Credit
and Advantage of it's Inhabitants, than the well regulating lay-
ing out and keeping in repair the Public Roads and Highways;
and none having hitherto been established by lawful Authority
within the County of Charlotte.

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 Philip Skene,
William Duer, Patrick Smith, Alexander McNathan, Jonathan
Baker, Archibald Campbell, Thomas Clark, Jacob March, Ben-
jamin Spencer, Simon Metcalf Philip Ombury Jeremiah French
and James Gray, shall be and are hereby appointed Commission-
ers of the Highways for the said County, and it shall and may
hr lawful to and for the said Commissioners to assemble and
meet at the House of Colonel Philip Skene on the third Tuesday
in May next, and they the said Commissioners or the major Part
of them being so met are hereby authorized and required then
and there to agree, determine upon, alter regulate, and establish
all such Public Roads and Highways as they or the major Part
of them shall conceive and judge to be convenient or necessary,
provided that all Main Roads shall be of the Breadth of four
Rods and all Cross and other Roads of the Breadth of two Rods
at least; and the said Commissioners at their said first Meeting
shall and may agree upon such place and Times as to the Majority
of them shall seem meet for any future Meeting.



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408 LAWS OF THE COLONY OP NEW YORK.

AND for the better execution of the Trust hereby reposed In
the said Oommissioners. BE IT FURTHER ENACTED that
regular Minutes and Entries shall be made and preserved of all
their Acts and proceedings in a Book to be kept for that purpose
by the Clerk of the Peace of the said County, and all Orders or
Certificates for the laying out establishing or altering such Pub-
lic Roads shall be made in writing and signed by the said Com-
missioners and recorded in the said Book. And it shall and may
be lawful to and for the said Commissioners and they are hereby
directed and required to nominate any two of them the said Oom-
missioners to whom it shall be found most convenient to super-
intend and direct the laying running out or altering the respec-
tive Roads to be from Time to Time agreed upon and established
by them, And the said Commissioners shall. also and they are
hereby authorized and required to distribute and divide such
parts of the said County as are not erected into Townships by
Letters Patent under the great Seal of this Province into con-
venient Districts and to assign and appoint to the respective
Inhabitants of each Townshfp and District the part and propor-
tion of the several Roads on which they shall labour and be em-
ployed, and also to elect and choose out of each respective Dis-
trict to be formed by them two or more of the Inhabitants of the
same respectively to be surveyors of the Highways for the Dis-
trict in which they reside, and such Persons so chosen shall ac-
cept and faithfully discharge the said OflSce and together with
the Surveyors of the Highways to be chosen for the several Town-
ships which are invested with that Privilege by Royal Grant,
shall and are hereby required to be obedient to the Orders and
Instructions of the said Commissioners in all Things touching
the Duties of their respective Offices. .

AND BE IT FURTHER ENACTTED by the Authority afore-
said that the Clerk of the Peace of the said County for the Time
bt^ing shall and he is hereby directed and required to furnish and
transmit to each of the respective Surveyors of the Highways of
the said County certified Copies of all such Acts Orders and In-
structions of the said Commissioners as may concern each of
them respectively. And the said Clerk in Consideration of the
several Duties enjoyned upon him by this Act, shall be and is
hereby exempted from contributing to the laying out and repair-
ing the Highways of the said County.

AND BE IT FURTHER ENACTED by the Authority afore-
said That every Inhabitant of the said County being a Free-



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LAWS OF THE COLONY OP NEW YORK. 409

holder or Householder shall by virtue of this S.ct he' compelhiLre
to work upon the Highways six Days in every Year, and every
other Inhabitant not being the son or Servant of a Freeholder
or Householder and of the Age of eighteen Years and upwards,
three Days in every year and to furnish themselves respectively
with an Ax Orow-bar, Spade or Mattock, according as they
shall be required by the respective Surveyors of the Township
or District in which they reside and whenever it may be neces-
sary to employ Teams and Carriages in repairing the Highways
it shall and may be lawful to and for each respective Surveyor
of the Highways to direct and appoint such and so many of
the Inhabitants of the Township or District under his superln-
tendance as he shall think proper to provide a Team, Cart or
Waggon and an able man to manage the same, to labour on the
Highway, and such Inhabitant so appointed, shall and is hereby
required to comply therewith accordingly, and one Days Work
with such Team, Carriage and able Man to manage the same
shall be esteemed and accepted as equal to and in lieu of three
Days labour of a single Man, and to prevent the Idleness and
Negligence which too frequently prevail in the Discharge of
this Necessary Service, eight Hours actual Labour and not less
shall be computed and accepted for a Days work and the Sur-
veyors of each respective Township and District, shall and are
hereby resi)ectively required to keep an Account according to
the best of their Judgment of the Hours such Inhabitant shall
refuse or neglect to work of the Time required of him by this
Act and to transmit the same annually to the Clerk of the Peace
of the said County with a List of the Names of all the Inhabit-
ants under their respective Superintendance, on whom the Duty
of repairing the Highways is hereby enjoyned, to be by the said
Clerk exhibited to the said Commissioners at their then succeed-
ing Meeting,

AND BE IT FURTHER ENACTED That the several Sur-
yeyors, of the Highways shall and they are hereby authorized
and required to fix and appoint the Times when the Inhabitants
of the Township or District under their respective Superintend-
ance shall work on the Highways, and shall give them at least
two Days Notice thereof, unless where a sudden Injury or Ob-
struction happens to the Roads of the Township or District un-
der his superintendance, in which Case he shall and is hereby
required upon Notice of such injury or Obstruction without
62



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410 LAWS OP THE COLONY OP NEW YORK.

Delay to Bummons as msmj of the Inhabitants as he shall find
necessary to assist in removing and repairing the same, and if
the Clerk of the Peace of the said County or any Surveyor of
the Highways or Inhabitant of the said County, shall neglect
or refuse to perform any or either of the Duties required of them
respectively By this Act they shall respectively forfeit and pay
the several Sums and Penalties following to wit, the Clerk
of the Peace shall forfeit for every Refusal op Neglect of his
Duty the Penalty of forty shillings to be sued for and recovered in
the Name of the first Judge of the Court of Common Pleas of
the said County whose Duty it shall be to see that the same is
recovered, and every Surveyor of the Highways who shall trans-
gress or neglect any of the Duties required of him by this Act,
shall forfeit for every Offence the sum of twenty shillings, aad
every Inhabitant being duly warned a«d summoned to work on
the Highways and refusing or neglecting so to do shall forfeit
for every Hours Omission of his Duty therein six pence, and in
Case he shall be required to work with a Team and Carriage,
and shall refuse or Neglect the same, he shall forfeit for every
Ht)ur such Neglect one shilling and six pence: All which Penal-
ties inflicted on the Surveyors of the Highways and Inhabitants
shall be respectively sued for and recovered in the Name of the
Clerk of the Peace of the said County whose Duty it shall be to
prosecute for the same, and all the said several Penalties shall
be sued for and recovered in a summary way before any Justice
of the Peace of the said County, and on the Oath of a credible
Witness to be levied by the Distress and Sale of the Offenders
Goods and shall be paid into the Hands of the said Commission-
ers and by them be applied for the Repair of the public Roads
and Highways of the said County, And for as much as some of
the said Penalties are very small, and all of them are enjoyned
for the enforcing a public Duty, no other Costs shall be awarded
or recovered against the Offender than six pence to the Con-
stable for serving the Summons to require the Offender's Ap-
pearance and one shilling for levying the Penalty by Execution.
AND BE IT FURTHER ENACTED by the Authority afore-
said. That the said Commissioners who shall attend the actual
laying and running out the said public Highways, shall be en-
titled to and receive a Reward of six Shillings for every Day
they shall be necessarily employed in that Service which is to
be determined and ascertained by the Certificate of the said



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^ ' LAWS OF THE COLONY OF NEW YOKE. 411

Gommissioners at any Meeting, and to be raised upon the In-
habitantB of the said County together with the other contingent
Charges of the said County as shall be hereafter directed by Law,
. AND BE IT FURTHER ENACTED by the Authority afore-
said, That the said Commissioners before they enter upon the
IBxecufion of the Trust reposed in them by this Act, shall at
their said first meeting, before any Justice of the Peace, be
respectively qualified on Oath well and truly to discharge the
Trust reposed in them respectively by this Act without favour
or partiallity and according to the best of their Skill and judg-
ment, of which Qualification an Entry shall be made in the
Record of their proceedings, and the several surveyors of the
Highways shall in like Manner before they enter upon their
Office be sworn in the presence of a Justice of the Peace, that
they will respectively faithfully and impartially discharge the
Trust reposed in them by this Act according to the best of
their skill and Judgment of which Qualification such Justice
shall transmit a Certificate to the Clerk of the Peace of the
said County to be filed and preserved among the proceedings of
the said Commissioners, and which service such Justice shall
perform without Fee or Reward.

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



[CHAPTER 1562.]
[Chapter 1562, of Van Schaack* where the act is printed in fulL See
chapters 183» 1446.]

I I En Act to enable the Inhabitants of the

; i I ' County of Charlotte to raise and defray the

! I • Public and necessary Charges of the said

i ; . ; t County and to choose County Officers.
' ' [Pass^, March 24. 1772.]

iWHEREAS the Inhabitants of the County of Charlotte cannot
have the Benefit of an Act entitled "An Act for the better ex-
*' plaining and more effectual putting in Execution an Act of
••General Assembly made and passed in the third year of the
^Beign of their late Majesties King William & Queen Mary en-



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413 LAWS OP THE COLONY OF NEW YOEX

'^ titled An Act for defraying of' the Public and necessary Charge
'^ throughout this Province and for maintaining the Poop and
^' preventing Vagabonds," without an Appointment of the several
Officers who are necessary to carry the same into Execution.

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 it shall and may
be lawful to and for the Freeholders and Inhabitants as well of
each respective Township within the said County erected by
Letters Patent under the Great Seal of this Colony as of the
several Districts to be formed and laid out in pursuance of an Act
made and passed in this present Sessions entitled "An Act for the
^' better laying out regulating and keeping in Repair the common
*' and Public Highways in the County of Charlotte," annually to
elect and choose for each respective Township and District from
among the Freeholders and Inhabitants of the same respectively
one Supervisor, two Assessors, two Overseers of the Poor, one
Collector and four Constables, that is to say, for each respective
Township at the Times and Places prescribed in their respective
Charters, and for each respective District on the first Tuesday
in May in every Year.

AND BE IT FURTHER ENACTED by the Authority afore-
fiaid That the said Supervisors so to be chosen shall in every
year hold their first Meeting at the County Town of the said
County on the Day of opening the General Sessions of the Peace
which shall succeed the Time of th^ir Election and afterwards
for that Year at such Time and place as they or the major part
of them shall agree upon and appoint, at which first Meeting in
each and every year they shall and are hereby authorized and
directed to nominate and appoint one of the Freeholders and In-
habitants of the said County, to be Treasurer of the said County,
who shall enter into Bond to the said Supervisors with such
Security and in such sum as they or the major Part of them shall
think proper, And in Case of the Breach of the Condition thereof
the same shall be put in suit, and the Monies recovered thereon
be applied according to the. Directions of an Act passed in the
tenth Year of the Reign of his present Majesty entitled. "An Act
^ to enable the Supervisors of the several Counties of this Colony
^* therein mentioned to take Security of their respective County
^Treasurer before he enters upon the Execution of his Office.^
for the faithful Discharge of the Office of Treasurer of the said



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LAWS OP THE COLONY OF NEW YORK. 413

Comity wWch Bond shall be lodged by them In the Office of the
Clerk of the Peace of the said .County.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the said Supervisors, Treasurer, Assessors Overseer*
of the Poop Collectors and Constables to be elected chosen and
appointed in pursuance of this Act shall and are hereby vested
with all the Rights and Powers and made subject to all the Laws
which such Officers respectively of the other Counties within
this Colony are vested with and subject to, and that the neces-
sary and Public Charges of the said County shall be raised and
defrayed in the same Manner as the public and Necessary Charges
of the other Counties of the said Colony are directed by Law to
be raised and defrayed.

AND BE IT FURTHER ENACTED by the Authority afore-
said That every Supervisor and Assessor before he enters upon
the Execution of his Office shall take an Oath to be administered
to him by any Justice of the Peace of the said County in the
Words following to wit, " I A B do swear that I will well and
** truly execute the Office of Supervisor (or Assessor) without
** favor or partiality and according to the best of my Skill and
*' judgment, so help me God." a Certificate of which Qualifica-
tion shall be given under the Hand of the Justice who shall Ad-
minister the Same and be filed with the Clerk of the Peace of the
said County.

AND BE IT FURTHER ENACTED by the Authority afore-
said That if any of the Freeholders and Inhabitants of the said
County being duly chosen to either of the said respective Offices
sliall neglect or refuse to take on themselves the execution thereof
they shall for every such Offence severally forfeit the following
Penalties (to wit) for refusing the Office of Supervisor and
Treasurer respectively ten pounds, the Office of Overseer o* the
Poor five Pounds, the Office of Collector and Constable re-
spectively four Pounds, to be sued for and recovered with Costs
of Suit, by Plaint Bill or Information in the Inferior Court of
Common Pleas of the said County, and in the Name of the Clerk
of the Peace of the said County, who is hereby authorized and
required to prosecute for the same and to be applied towards the
better lajing out and repairing the Public Highways of the
said County by the Commissioners thereof.



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(114 LAWS OF THE COLONY OF NEW YORK.



[CHAPTER 1563.1

[Chapter 1563, of Van Schaack. where the act Is printed In tfoXL
▲mended by chapter 1701. See chapter 27.]

An Act to extend an Act iatitled. **Aii
*'Act for the supervising intestates Estates
**and regulating the Probate of Wills, and
^ granting Letters of Administration." to the
;Countie8 therein mentioned.

[Passed, March 24, 1772.]

WHEREAS an Act of the Governor, the Council and the
General Assembly, of this Colony made and passed in the fourth
year of the Reign of their late Majesties King William and
Queen Mary entitled "An Act for the supervising Intestates
" Estates and regulating the probate of Wills, and granting
" Letters of Administration," it is enacted among other Things.
That the Courts of Common Pleas for the several remote Coun-
ties in this Colony, should be impowered and authorized to take
the examination of Witnesses to any Will within the said respec-
tive remote Counties upon Oath, and to grant Letters of Ad-
ministration as by the said Act at large doth appear. AND
WHEREAS the Counties of Tryon, Charlotte Cumberland and
Gloucester are far remote from the City of New York, and the
Inhabitants thereof do now labour under the like Inconvenien-
cies, which those remote Counties did before the Remedy
provided by the said Act.

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 said Act entitled. "An Act
" for the supervising Intestates Estates and regulating the Pro-
" bate of Wills, and granting Letters of Administration." shall
extend to the Counties of Tryon Charlotte Cumberland and
Gloucester, and the Court of Common Pleas for the said Counties
respectively, and the Judges and Justices thereof in the Time
of the Vacations of the said Courts of Common Pleas and the
Clerks of the said Counties shall have and hereby are vested with
the like Power and Authority to take the Examination of any
Witnesses to Wills upon Oath within the said Counties, and
to grant Letters of Administration in like Manner and form,
and to Act do and perform every Matter and Thing in the said



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LAWS OF THE COLONY OP NEW YOKK. 416

Act mentioned, as fully and amply to all Intents purposes, and
Constructions as the said Court of Common Pleas, and the said
Judges Justices and Clerks of the Courts of the said remote
Counties, have power to do, by virtue of the aforesaid Act, any
Thing contained in the said Act to the contrary notwithstanding.

'[CHAPTER 1561]
[Chapter ICOi, of Van Scbaack, where part of the act only Is printed.]
An Act for naturalizing the several Per-
tBons therein named.

[Passed, March 24, 1772.]

WHEREAS Francis Phifster, George Cramer, Michael Berrin-
ger, Peter Hodler, Jurry Bear,Coenradt Crock, Jurry Karel Jacob
CoDJes, Jacob France, Michael Leinhart, Joost Coons, Johan N.
Cremer, Anthony Baron, Johu Luca Foeshay, Michael Staller,
Adam Leonard Remsen, Claude Joseph Sauthier, John Martin
and Ernest Aadig have by their Petitions presented to the
General Assembly desired they may be naturalized and become
his Majesty's liege Subjects within this Colony.

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 the before named
Francis Phifster, George Cramer, Michael Berringer, Peter Hod-
ler, Jurry Bear, Coenradt Crock, Jurry Karel, Jacob Conjes,
Jacob France, Michael Leinhart, Joost Coons, Johan N. Cremer,
Anthony Baron, John Luca Foeshay, Michael Staller, Adam
Leonard Remsen, Claude Joseph Sauthier, John Martin, and
Ernest Aadig, and each and every of them shall be and are
hereby declared to be naturalized to all Intents Constructions
and purposes whatsoever, and from henceforth and at all Times
hereafter shall be entitled to have and enjoy all the Rights,
Liberties, Privileges, and Advantages which his Majesty's
natural born subjects in this Colony have and enjoy, or ought to
have and enjoy, as fully to all Intents and purposes whatsoever,
as if all and every of them had been born within this Colony.

PROVIDED ALWAYS? and it is hereby further Enacted by
the Authority aforesaid. That each of the above mentioned
Persons shall take the Oaths appointed by Law instead of the
Oaths of Allegiance and Supremacy, subscribe the Test, and
make, repeat swear to and subscribe the abjuration Oath, in
any of his Majesty's Courts of Record within this Colony, which



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 41 of 92)