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 46 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 46 of 92)
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tels on due Conviction made upon the Oath of one or more
credible Witness or Witnesses, rendering the overplus if any
there be to the Owner or Owners, and for want of such Distress,
the Offender or Offenders shall be imprisoned by Warrant under
the Hands and Seals of the said Justices who are hereby required
to issue the same, for the space of three Months unless the said
Forfeiture or Forfeitures be sooner paid, which Forfeitures shall
be applied towards providing and repairing of Lamps and paying
the Watchmen.

AND BE IT FUBTHER ENACTED by the Authority afore-
said. That all such Persons as shall be employed to guard the
said City and attend the Lamps shall be under the Direction of
and obey such Orders as they shall from Time to Time receive
from the Mayor Aldermen and Commonalty of the said City,
any Custom Law or Usage to the contrary thereof in any wise
notwithstanding.

[CHAPTER 1578.]
[Chapter 1578, of Van Scliaack» where the act Is printed In fnl!. See
chapter 950.] i|; v ,. <

' I An Act to extend an Act entitled "An Act
"to enable and impower the Mayor Aldermen
"and Commonalty of the City of New York,
^ and their Successors to prevent & remove the
*' particular Nusances within the same to the
" Southward of Fresh Water *', to the Outward
of the said City.

[Passed, February 6, 1773.]

WHEREAS the Act entitled. "An Act to enable and Impower
^ the Mayor Aldermen and Commonalty of the City of New York,



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<r>G LAWS OP THE COLONY OP NEW YORK.

" and their Successors to prevent and remove the particular Nu-
" sances within the same to the southward of Fresh Water", has*
by Experience been found of great use. AND WHEREAS ex-
tending the same to the Outward of the said City will answer the
good purposes thereby intended.

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 said Act is
hereby extended to the Outward of the City of New York and all
the Matters and Things therein contained, are hereby enacted
to be in force in the said Outward of the said City, to all Intents
Constructions and purposes whatever, , ^



[CHAPTER 1579.]
[Chapter 1570, of Van Scbaack, where the act la printed In full. See
Chapters 1188 and 1367 and 670.1

An Act to increase the Number of Firemen
In the City of New York.

(Passed, Febraary 0, 1773.]

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 Mayor Aldermen and Commonalty
of the City of New York, or the Major Part of them in Common
Council convened shall with all convenient speed after the Pub-
lication of this Act elect nominate and appoint twenty more able
honest sober discreet Men (willing to accept) being Freemen of,
or Freeholders within the said City and County to be added to
the Firemen of the said City appointed in virtue of several Acts
heretofore passed, who when elected shall be hereby excused
from the several Offices and Duties as the Firemen are by an
Act entitled. "An Act for the better extinguishing of Fires that'
**niay happen within the City of New York," passed in the
eleventh Year of the Reign of his late Majesty King George the
second, and be liable to the Rule, Order, Ordinance and Regula-
tion, Fines and Penalties as the Firemen are liable and subject
to by the said recited Act.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Mayor Aldermen and Commonalty of the City of
New York, or the major Part of them in Common Council con-
vened, may displace any of the Firemen to be appointed by this^



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Laws of the colony of isew york. 457

Act for Default op neglect of Duty, and others to appoint in their
Boom and stead from Time to Time, and bo often as they shall
: think necessarjf .

[CHAPTER 1580.]
[Chapter 1580, of Van Schaack, where the act is printed In fulLl

An Act to prevent the Defacing the Statues
which are erected in the City of New York.
[Passed, February 6, 1773.]

WHEREAS there has been erected in the City of New Y'ork

. an £)questrian Statue of our most gracious Sovereign as a Monu-
ment of the deep Sense with which the Inhabitants of this Colony
are impressed of the Blessings they enjoy under his illustrious
Reign, as well as their great Affection for his Royal Person AND
ALSO a Statue of the Right Honorable William Pitt Esquire,

:now Earl of Chatham, in commemoration of the many eminent
Services which he has rendered by his patriotic Conduct in
Parliament to his fellow subjects in North America.

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 if any Person or
Persons shall wilfully break, deface, disfigure or otherwise dam-
age the said statues or either of them, the person or persons so
breaking, defacing, disfiguring or otherwise damaging them or
either of them, shall forfeit for every such Offence the sum of

.five hundred Pounds OUrrent Money of this Colony, to be re-
covered in any Court of Record within the same, by Bill, plaint
or Information by any Person or Persons who will sue for the
same, the one half to be applied to the use of such Person or
Persons so suing, and the other half to be paid to the Treasurer
of this Colony for and towards the support of the Government

•thereof, and if the said Forfeiture be not immediately paid, the
person or persons who shall commit said Offence, shall be com-
mitted to the Common Goal, there to remain one whole Year
without Bail or Mainprize, unless the Forfeiture be sooner paid.
68



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«&8 ' LAWS OP THE COLONY OP KEW YORK



[CHAPTEB 1581.]

iCliapter I68I9 of T&n Schaack^ wbere the act is printed In f ulL 8ea
chapter. 1494.] * ^

' > An Act to continue and amend an Xct en<*
titled. "An Act for the more effectual punish*
'' ment of Persons who shall be guilty of any of
^ the Trespasses therein mentioned in the Cities
''of New York and Albany, and Township of
^ Schenectady.** ^ j

[Passeilr February C, 1773.1

WHEREAS an Act entitled. ''An Act for the more effectual
" punishment of Persons who shall be guilty of any of the Tres-
"passes therein mentioned in the Cities of New York and Al^
"bany and Township of Schenectady." will expire by it's own
Limitation on the first Day of February one thousand seven
hundred and seventy three, and the same being found useful and
necessary.

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 Act entitled
''An Act for the more effectual punishment of persons who shall
"be guilty of any of the Trespasses therein mentioned in the
" Cities of New York and Albany, and Township of Schenectady/'
shall be and hereby is continued and every Article Matter and
Clause therein contained enacted to be and remain in full force
until the first Day of February which will be in the Year of out
Lord one thousand seven hundred and eighty.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That all and every Person or Persons, who shall or may be
present when any of the Trespasses in the said Act mentioned
shall be committed, shall be deemed to be guilty thereof, and
be subject to the Penalties inflicted by the said Act, altho he or
they shall not be aiding abetting or assisting therein; unless
such person or persons shall give Evidence whereby to convict
the person or persons really guilty thereof, or unless he or they
shall declare upon Oath, that he or they came there accidentally,
and that he or thev do not know who the Offender or Offenders
is or are. .



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. LAWS OP THE COLONY OP HEVL XOEK.^ m

[CHAPTER 1582.]
[OhHpter 1682, of Van Scbaack, where tlie act is printea in tuIL Con-
tinued bu chapter 1714.]

, An Act for regulating the practice of In-

noculation for the Small Fox in the City of
i Albany,

» [Passed, February fi, 1773.]

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly and it is hereby enacted by the Author-
ity of the same. That from and after the Publication of this
Act, and during the continuance thereof, no person or persona
whatever shall make use of any House or Building within the
City of Albany as a Hospital or House of reception for receiving
people with intent to Inoculate or cause them to be Inoculated
for the small pox unless by a Licence previously obtained from
the Mayor Recorder Aldermen and Commonalty of the said City,
in Common Council convened, PROVIDED ALWAYS. That
Nothing in this Act shall extend or be construed to deprive or
prevent any Person or Persons from Inoculating any Person or
Persons, belonging to his her or their Family in their own House.

AND BE IT FURTHER ENACTED by the same Authority,
That if any Person or Persons shall offend contrary to the true
Intent and Meaning of this Act, such Offender or Offenders shall
be liable to and pay a Fine of fifty Pounds to be recovered in
any Court of Record in the City and County of Albany, one half
to the Informer, the other to the poor of the said City.

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

[CHAPTER 1583.]
(Chapter 1688, of Van Schaack, where the title only Is prlnted.l

An Act to enable the Mayor Recorder Al-
dermen and Commonalty of the City of Albany
for the Time being or the major Part of them
to order the raising a Sum not exceeding one
hundred and fifty Pounds for the purposes,
therein mentioned.

[Passed, February 6, 1773.]

WHEREAS the establishing of a regular well constituted
Kight- Watch and lighting of Lamps within the City of Albany^



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4C0 LAWS OF THE COLONY OF ^EW YOUK,.

has not only been found convenient, but also necessary for the
safety of it's Inhabitants and others.

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor the Council and the General Assembly, and it is hereby en-
acted by the Authority of the same That the Mayor Recorder Al-
dermen and Commonalty of the City of Albany for the Time
being or the major Part of them whereof the Mayor or Recorder
to be one, shall have full power and Authority and are hereby
fully impowered and authorized at any Time before the last Day
of March one thousand seven hundred and seventy three to order
the raising a Sum not exceeding one hundred and fifty Pounds
by a Tax upon the Estates real and personal lying and being
within the said City, of all and every the Freeholderrs Freemen,
Inhabitants, Residents and sojourners living within b half Mile
of Hudson's River, and to the North of a West Line diiwn from
the old Fort, for the payment of so many Watchmen and Lamps
as the Mayor Recorder Aldermen and Commonalty of the said
City in Common Council convened shall think necessary for
guarding the said City and lighting the Lamps in the same,
which Tax so to be laid shall be rated and assessed at the same
Time and by the Assessors who shall rate and assess the Tax
which shall be raised by virtue of an Act of the Governor, the
Council and the General Assembly of the Colony of New York
entitled. "An Act for the better explaining and more «3ffectual
'* puting in Execution an Act of the General Assembly made in
*'the third year of the Reign of their late Majesti<;3 King
*• William and Queen Mary entitled An Act for defraying the
^' Public and necessary Charge throughout this Province, and for
" maintaining the Poor and preventing Vagabonds," made and
passed the nineteenth Day of June one thousand seven hundred
and three, the Assessors first taking the Oath prescribed to be
taken by the last mentioned Act, and the Tax so to be laid, shall
be collected levied and paid by the same Collector and at the
«ame Time as the Tax raised by virtue of the Act aforesaid hath
been accustomed, and shall be paid into the Hands of such per-
sons as the Mayor Recorder, Aldermen and Commonalty in
Common Council convened shall appoint for the uses aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Collector shall retain in his Hands three pence
in the pound for every pound so raised by virtue of this Act as a
Reward for his Trouble in collecting and paying the same and no
more. —- - ^ — • - > - - ^__^



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LAWS OF THE COLONY OF NE^V. YORK. A61

a.ND BE IT FURTHER ENACTED by the Authority aforo
said. That if the said Mayor Recorder Aldermen and Common-
alty, Assessors or Collectors of the said City of Albany who are
hereby authorized impowered and required to take effectual care
that this Act be executed according to the true Intent and mean-
ing thereof, or any of them shall deny or refuse or delay to per-
form, execute or comply with all or any of the powers Authori-
ties and Duties in this Act given and required to be done and
performed by them or either of them, and thereof shall be law-
fully convicted in any Court of Record in this Colony, he or they
so denying refusing or delaying to perform the Duties as afore-
said shall suffer such Pains and Penalties by Fine and Imprison-
ment as by the Discretion of the said Court shall be adjudged.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That if any person or persons shall neglect or refuse to pay
the several Rates and Assessments wherewith he or they shall
be charged by this Act, for or in respect of his and their Goods
and Chattels, Lands or Tenements upon Demand of the Collector
appointed to receive the same that it shall and may be lawful to
and for such Collector, and he is hereby required on non-pay-
ment thereof, to distrain upon the Goods and Chattels of the
person or persons so refusing or neglecting to pay; and the Dis-
tress so taken to carry away, and the same to expose to sale
within the said City for the payment of the said Rate or Assess-
ment, and the Overplus if any be after paying the Charges of tak-
ing, carrying away and exposing the same Distress to sale, to be
immediately returned to the Owner or Owners thereof. ' '

AND BE IT FURTHER ENACTED by the Authority afore-
said. That all such persons as shall be employed to guard the said
City shall be under the Directions of, and obey such Orders as
they shall from Time to Time receive from the Mayor Recorder
Aldermen and Commonalty in Common Council convened, any
Custom Law or Usage to the contrary in any wise notwith-
standing.



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K62 LAWS OF THE COLOKY 01! H^Vf, YOBK. '



[CHAPTER 1584.1 '

K)liapter 1084, ot Van Schaock, where the act ta printed In fnlL]

I An Act for the better laying out, regulating

and keeping in repair the Public Roads and

Highways in the City and County of Albany,

and County of Tryon.

[Passed, February 6, 1773.]

!WHEBEAS it hath been found by Experience that the Act now.
in force for the better laying out regulating clearing and keeping
in repair the Public Highways in the Counties of Albany and
Tryon doth not fully answer the good purposes thereby intended.

BE IT THEREFORE ENACTED by his Excellency the Gov-
emor, the Council and the General Assembly, and it is hereby en«
acted by the authority of the same. That from and after the pub-
lication of and during the Continuance of this Act, the persons
hereinafter named shall be and hereby are appointed Commis-
sioners in the Districts for which they are named, for regulating
the Highways and Public Roads already laid out and for regulat-
ing such other Highways and Public Roads as may still be neces-
sary within the said City and Counties, that is to say.

For the City of Albany, the Mayor, Recorder, Aldermen and
Commonalty of the said City.

For the District of the Manor of Livingston, Robert Liyingston
Junior, Robert R Livingston, Dirk W. Ten Broeck and Casparus
Conyn.

For the District of Claverack, Robert Van Renseiaer, Peter Van
Ness, Casparus Conyn, Isaao Vosburgh Junior, John Van Allen,
iWilliam Henry Ludlow, Richard Esseltyn, Henry Dible Martin
Crumb and Abraham Carley.

For the District of Kinderhook Peter S. Van Alstyn, Franse
Van Beuren, Lucas J. Goes, Cornelius Van Schaack Junior and
Melgert Vanderpool.

For Kings District William Bradford Whiting, James Savage,
Nathaniel Culver Samuel Baldwin Robert Bullis and Isaac Pea-
body.

For the District of Renselaerwyck, Renseiaer Nicholl, Killyaen
Van Renseiaer, Abraham Ten Broeck, John H Beekman, Tennis
Slingerlandt, Stephen Schuyler, Lucas Van Veghten, Stephen J
Schuyler, and Anthony Van Schajck.

For Schactikoke District, Johannes Knickerbacker, Marte
wiime, Wouter Groesbeek and Peter Williams.



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LAWS OP THE COLONY OP NEW YOEK. 4(»

For Hosick District Daniel Bradt, John Mnnro, Bliss Wil-
longhbj, Gornelins Van Ness, Ebenezer Cole^ John Abbot and
John Mc. Comb.

For Cambridge District Isaiah Yonnglove, Thomas Morrison
and Archibald Campbell.

For Saratoga District Philip Schuyler, Killyaen De Bidder^
Jonathan Jones, Jacobus Swart, George Palmer, Dirk Swart, Cor*
nelius Van der Bergh, James Mc Cree, Jeremiah Taylor, Stephen
Potter, and James Gorden.

For Half-Moon District, Guert Van Schonhoven, Cornelius
Tytnesse, Nicholas Fisher, Abraham Fort, and Hendrick Van der
iWerken.

For Schenectady District, Jacobus Van Slyck, Isaac Vrooman,
Byer Schermerhom, John Glen Christopher Yates, Abraham
Mempel and John Cuyler Junior.

For the united Districts of Duanesburgh and Schoharie,
Johannis Lawler, Hendrick Hens, Jacob Stembergh, Harman
Sidney, and Peter Snyder.

For Cocksackle District, Anthony Van Bergen, Jacob Hallen-
beck, Sybrant G, Van Schajck, Teunis Van Veghten and Henry
Hogeteellng.

For the Great Inboght District John Ten Broeck, Abraham
Pearse, Jury William Dedrick, John B Dumont, find John Van
Norden.
, AND for the Districts in the County of Tryon vizt:

For the Mohawk District, Sir William Johnson, Sir John John-
son, Guy Johnson, Jellis Fonda, John Butler, Peter Conyn and
Christian Ernest

For Stone Arabia District, Harmanus Van Slyck, Jacob Klock,
7ohn Frey, Adam Loucks, and Isaac Paris.

For Canajoharie District, Hendrick Frey, Nicholas Herkemer^
William Seeber, Robert Wells, and Frederick Young.

For the German Flatts District, Marcus Petri, Nicholas
Weaver, and John Cunningham.

For Kingsland District John Jost Herkemer Junior, Rudolph
Schumaker, Peter Ten Broeck, and Fredrick Orendorf.

AND BE IT ENACTED by the Authority aforesaid That the
Commissioners in the respective Districts for which they are
named and appointed Commissioners are hereby impowered and
authorized to regulate the Roads already laid out, and to lay out
such other Public Roads in the several Districts for which thej;
are appointed Commissioners as to them shall seem necessary and



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4U4 LAWS OP THE C0L02S'Y OF NEW YOKIi.

convenient, and if need be to take a Review of the Roads already
laid out, and such of them as appear to be really inconvenient, the
fiaid Commissioners shall and may alter, and lay out such other
public Ways and Roads as they shall think most convenient, as
well for travellers as for the Inhabitants of the next adjacent
Districts. Provided that Nothing in this Act contained shall
extend or be construed to impower the Commissioners aforesaid
to lay any new Road through any inclosed or improved Lands,
without either the Consent of the Owners thereof or paying the
true Value of the Lands so laid out into an Highway, and if any
Dispute shall arise by that means, the same shall be determined,
and the true Value set and appraised by two Justices of the Peace,
not being Commissioners in the District where the Dispute shall
happen, and by the Oath of twelve of the Principal Freeholders of
the Neighbourhood not having any Interest in the Lands about
which such Dispute may arise, the said Freeholders to be sum-
moned by any one of the Constables of the said County by virtue
of a Warrant to be issued by the said two Justices for that pur-
pose, and if the said Roads by the Commissioners so laid out shall
be found by such Jury to be Public Roads, and of Public and
General Benefit, then the value of such cleared and improved
Lands through which the said Roads shall be laid out, shall
be paid by the said Commissioners, and they are hereby required
to pay the same together with the Charge of calling a Jury, their
Verdict, and the whole proceedings thereon had; but if the Roads
so laid out shall be found by such Jury to be private Roads, and
for the particular Convenience of one or more particular person
or persons, then such person or persons requiring the same shall
defray the whole Charge of the value of the said cleared or im-
proved Lands, to be paid to the person or persons injured, and
through whose cleared or improved Lands a private Road shall be
laid, together with the Charge of calling the Jury, and of their
Verdict, and of the whole proceedings thereon had.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Overseers of the Highways in each District re-
spectively, or any one of them, are hereby impowered directed
and required to order such a Number of the Inhabitants of said
District with their Sleds, Horses or Oxen, as they the said Over- ^
seers or any one of them shall think sufficient and proper to
break up the Roads where deep Snows happen to fall, and if
,any Person or Persons being ordered as aforesaid shall refuse
to break up said Road, such person or persons shall respectively



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LAWS OP THE COLONY OF NEW YORK. AU5

forfeit the Sum of Ten Shillings for every Day they shall so
neglect or refuse said Service, to be levied by the Constable in
each District, by Distress and Sale of the Offender's Goods and
Chattels, by Warrant from any one of the Overseers for the
respective District for which they shall be appointed returning
the Overplus of such bale, if any there be, to the Owner or Own-
ers, after deducting thereout the Constable Fees, as is common
in other Causes, and one Shilling for the Warrant, and the said
Forfeiture of ten Shillings shall be paid to the Clerk of the
Commissioners of the Highways for the District where such
Forfeiture shall arise to be by them applied in the same Manner
as the other monies to be raised by this Act are hereafter di-
rected to be applied. i . . i m. ; i

AND BE IT ENACTED by the same Authority. That if any
Person or Persons within the said City and Counties do, or here-
after shall without the Consent of the Commissioners for the
District to which they are by this Act appointed Commissioners
alter, stop up, or lessen any Highway or Boad that has hereto-
fore been laid out by the former Commissioners according to
Law, or shall hereafter be laid out by the Commissioners ap-
pointed or to be appointed by this Act, such Person or Persons
so offending contrary to the Meaning of this Act, shall for every
such Offence forfeit the Sum of five Pounds, to be recovered
before any Justice of the Peace, upon the Oath of any one cred-
ible Witness, and levied by Warrant from any Justice of the
Peace, directed to the Constable of the District where such
Offence shall be committed, commanding him to distrain the
Qnodu nnd Chattels of the Offender, and the said Constable after
aix Days Public Notice given by him of the Time for sale of said
Distress, shall make sale thereof, and out of the produce deduct
the said Forfeiture, and all the Charges, and return the Over-
plus if any there be, to the Owner or Owners and the said Con-
stnblp is hereby required to pay the said Forfeiture into th<»
Hands of the Clerk of the Commissioners of the Highways for
the District wherein the Offence was committed, to be by the
Commissioners thereof applied in the same Manner as the other
Monies to be raised by this Act are herein directed to be applied.

AND in Order. That the Burthen of keeping the Highways in

the said City and Counties in Repair, and the making other High-

ways for the ease, benefit, and safety of the Inhabitants may be

as equitably proportioned between the Inhabitants thereof, as

VoLV. 69



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i6G . \ LAWS OP THE COLONY OF NEW. TOBE.

the Nature of the Case will admit. BE IT FURTHER EN'-
ACTED by the same Authority, That th^ Commissioners of
each District respectively shall and are hereby required to meet
annually on the second Tuesday in May at such Convenient



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 46 of 92)