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 48 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 48 of 92)
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AND BE IT FURTHER ENACTED by the same Authority.
That the Commissioners of the respective Districts, shall be
respectively allowed a Sum not exceeding six Shillings for every
Day that such Commissioner shall absolutely and necessarily be
employed in the Execution of his Office, and they shall transmit
their Accounts on Oath to the Supervisors of the County to which
they belong, at their annual Meetings; and the Supervisors shall
cause the same to be raised as the Monies by the seventh Clause
of this Act, are directed to be raised and paid.

AND BE IT ALSO FURTHER ENACTED by the same An-
thority. That the Commissioners for the Highways by this Act
appointed or to be appointed, shall respectively before they exe-
cute any of the Powers herein given to them, take an Oath before
any Justice of the Peace of the said City or Counties, in the
Words following. " I. A B. do solemnly Swear, That I will faith-
" fully diligently and impartially execute the powers to me given
" and granted by an Act entitled, 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, so help me God,*'

AND BE IT ALSO ENACTED by the same Authority. That
in Case any Overseer or Overseers to be appointed by virtue of



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470 LAWS OP THE COLONY OP NEW. YORK,

this Act shall refuse to serve as such, op shall neglect op delay
iht putting in Execution any Services which he or they are re-
quired to do by this Act or shall refuse to return an Account
upon Oath as in this Act is directed, that in either of these Cases,
such Overseer or Overseers so offending contrary to the meaning
of this Act, such Offender or Offenders shall be subject to the like
Penalty as is inflicted by the fourth Clause of this Act on Persons
altering, stopping up, or lessening any Highway, and be recov-
ered in like manner as the said Penalty is directed to be re-
covered.

AND BE IT ALSO ENACTED by the same Authority, Thut
the major Part of the Commissioners, or the major Part of the
Survivors of them in any of the Districts within the said City
and Counties, shall and hereby are authorized to do and execute
fill or any of the Powers given unto them by this Act, in their
respective Districts, and their proceedings shall be as effectual
and legal as if all the Comraissionors of such Districts were
present and concurring any Thing in this Act to the contrary
hereof notwithstanding.

AND BE IT ALSO LASTLY ENACTED by the same Au-
thority, That the Act now in force entitled. "An Act for the
" better laying out regulating clearing and keeping in repair the
"Public Roads and Highways in the Counties of Albany and
" Tryon/' passed the twenty fourth Day of March one thousand
seven hundred and seventy two, shall be and is hereby repealed,
and that this Act shall be and continue in force from the Publica-
tion thereof, unto the second Tuesday in May, which will be in
the Year of our Lord one thousand seven hundred and tioventy
five.

[CHAPTER 1584a.]
lOhapter 1584a, there being two chapters of this number In Van SchaacK,
ibis is designated as 1584a In order to preserve continuitjr. See chapters
1413 and 1496.]

An Act to impower the Justices of the
Peace residing in that part of the Township
of Schenectady therein mentioned to estiiblish
and regulate a Night-Watch, and for other pur-
poses therein mentioned.

[Passed, February 6, 1773.]
WHEREAS the establishing a Night-Watch and appointing
Firemen to manage the Fire Engine in that part of the Township



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LAWS OP THE COLONY OF NEW. YORK. *77

of Schenectady which lays to the southward of the Mohawks
River, and not more than three Quarters of a Mile from the Dutch
Church, will tend to the safety and preservation of the Inhabit-
ants thereof in their persons and Effects.

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 Justicofl of the Peace or the majority of
tbem for the Time being, living or dwelling in that part of the
Township of Schenectady which lays to the southward of the
Mohawks River, and not more than three Quarters of a Mile dis-
tant from the Dutch Church to meet together with all convenient
Speed after the publication of this Act, and being so met, they
are hereby required and directed to order establish and regulate
a Night Watch, which Watch shall consist of six Men and an
OflBcer for each Night out of the Inhabitants of that part of the
said Township hereinbefore described, who shall and are hereby
required and directed In their Turns to keep Watch and Guard
in such Manner, and at such Times and places as the said Jus-
tices shall order and direct

AND BE IT FURTHER ENACTED by the same Authority,
That it shall and may be lawful to and for the said Justices or the
major Part of them to make establish and ordain such Rules Or-
ders Ordinances and Regulations for the Government Conduct
Duty and Behaviour of the said Watch and Watchmen, and to
Impose and establish such reasonable Fines, Penalties ftnd For-
feitures upon them or any of them for Default or Neglect of the
Duties and services enjoined or required by such Orders or Ordi-
nances as to the said Justices shall from Time to Time seem
meet and convenient. PROVIDED ALWAYS that no greater
Fine Penalty or Forfeiture shall be levied for any one Offence
than six Shillings on an Officer, and three Shillings on every
other Person or Watchman.

AND BE IT FURTHER ES^ACTED by the same Authority.
That it shall and may be lawful to and for the said Justices of
the Peace or the major Part of them, and they are hereby re-
quired with all convenient speed to elect nominate and appoint
a sufficient Number of Men willing to accept, not exceeding
twenty in Number out of the Inhabitants residing in that part
of the said Township abovementioned, to have the Care man-
agement working and use of the Fire Engine or Engines belong-
ing to the said Township and the other Tools and Instruments



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478 LAWS OF THE COLONY OP NEW. YOBK,

I

for extinguishing of Fires that may happen therein who are
hereby required and enjoined in Case of Fires happening to
manage work and use the said Engine or Engines and the other
Tools and Instruments for the extinguishing of Fires.

BE IT FURTHER ENACTED by the same Authority, That
the said Justices of the peace or the major Part of them are
hereby authorized and impowered to remove and displace all or
any of the Firemen so as aforesaid to be elected nominated and
appointed when & as often as they shall think fit, and others in
lieu of such as shall be removed to elect nominate and appoint
from Time to Time as they the said Justices shall see convenient.

AND BE IT ALSO ENACTED by the Authority aforesaid,
That such persons as shall be elected and appointed Firemen,
and each and every of them during the Time such Person or
Persons shall remain Firemen and no longer, shall and hereby
are declared to be freed and exempted from serving in the Office
of Constable and Overseer of the Highways, and of and from
serving as Jurors, and of and from serving in the Militia, except
in Cases of Invasion or other imminent Danger.

AND BE IT FURTHER ENACTED by the same Authority.
That it shall and may be lawful to and for the said Justices or
the major Part of them to make establish and ordain such Rules,
Orders, Ordinances and Regulations for the Government Conduct
Duty and Behaviour of the Persons from Time to Time to be by
them Elected nominated or appointed Firemen by virtue of this
Act.

AND BE IT ALSO ENACTED by the same Authority, That
the Assessors for the District of Schenectady shall annually (at
their usual Meeting) during the continuance of this Act, levy
the Sum of fifteen Pounds, to be raised levied and collected of
and from the Inhabitants residing in that part of the Town-
ship of Schenectady herein before described, and the Collector
of the said Township is hereby required as soon as he shall have
collected the same, to pay the same (after deducting therefrom
six pence in the Pound for his trouble) unto the said Justices or
such other person as they shall appoint to receive the same, to
be by the said Justices applied in paying a Person by them to
be appointed to take care of the Watch-House, and supplying
the same with Fire Wood and Candles.

AND WHEREAS there is still a Debt due amounting to the
sum of thirty Pounds for building the Watch House that has
been erected in the said Township. BE IT THEREFORE ALSO



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LAWS OP THE COLONY OF NEW YORK. 479

ENACTED by the same Authority, That the Assessors before
mentioned shall cause the said sum of thirty Pounds to be raised
and levyed in like Manner as is directed in the preceding clause
with regard to the annual Sum of fifteen Pounds, and the Col-
lector to collect and pay the same to the said Justices after de-
ducting six pence in the pound for his trouble.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That this Act shall be in force from the Publication thereof
until the first Day of February which will be in the year of
our Lord one thousand seven hundred and seventy eight.

' [CHAPTER 1585.]
[Chapter 1585, of Van Sehaack, where the title only is printed.]

An Act for repairing the Court House and
Common Goal in the County of Ulster.

[Passed, February 6, 1773.]

WHEREAS the Court House and Goal in Kingston in the
County of Ulster are not only inconvenient, but greatly out of
repair.

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 Justices of the Peace and Supervisors
of the said County of Ulster, and they are hereby directed and
required to assemble and meet together at the said Court-House
on the first Tuesday in May next and they the said Justices
and Supervisors, or the major Part of them so to be assembled
and met together are hereby authorized and required to agree and
determine upon the Manner in which the said Court-House and
Goal shall be altered and repaired and to compute the amount
of the Cliarge and Expence that may attend the same, so always
as that the Sum to be expended for that purpose shall not ex-
ceed four hundred Pounds, which Agreement the said Justices
and Supervisors shall reduce to writing, and subscribe with
their respective Names, and cause the same to be filed with the
Clerk of the Supervisors of said County, and the Sum so by
thoin to be agreed upon shall be raised levied and collected of
and from the Freeholders and Inhabitants of the said County
in the same Manner, as the other necessary and contingent
Charges of the said County are by Law directed to be raised
and assessed.



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^SO LAWS OF THE COLONY OF ]^EW YOiiK.

AND BE IT FURTHER ENACTED by the Authority afore-
aaid, That the Monies so to be raised by virtue of this Act shall
from Time to Time be paid by the Collectors of the respective
Towns Manor and Precincts within the said County, as the same
shall come into their Hands, unto the Count} Treasurer, to be
by him paid to Dirck Wynkoop Junior, Johannes Sleght, Abra-
ham Low, John Beekman and John Elmendorph or to any
three of them, who are hereby appointed Commissioners for
directing, manageing and inspecting the said Repairs, and for
laying out the Money to be expended for that purpose, agreeable
to the said Determination of the said Justices and Supervisors,
which said Commissioners shall, and are hereby required to ren-
der a jost true and particular Account on Oath of the Trust
hereby reposed in, and of the Monies to be expended by them,
to the Justices of the said County at the next General Sessions
of the Peace to be holden for the said County after the com-
pletion of the said Repairs.

AND BE IT ALSO ENACTED by the same Authority. That
in Case the Monies so to be estimated by the said Justices and
Supervisors, and to be levied on the said County should exceed
the Sum that may be expended for the said Repairs, that such
excess shall by the said Commissioners be repaid into the Hands
of the said Treasurer to be disposed of by the said Supervisors
for the use of the said County, in such Manner as to them shall
seem most convenient

[CHAPTER 1586.]
[Chapter 158t$, of Van Schaack, where the act is printed in fuU. Bee
chapter 1536.]

An Act to amend an Act entitled. **An
"Act for the better laying out regulating and
"keeping in Repair, Common and public High-
** ways, and private Roads in the County of
" Dutchess."

[Passed, February 6, 1773,]

WHEREAS by the beforementioned Act entitled. "An Act
"for the better laying out, regulating and keeping in repair
" Common and Public Highways and private Roads in the County
" of Dutchess," passed the twelfth Day of March in the tw "l/th
Year of his present Majesty's Reign, sufficient Authority is not
given to the Overseers of the said public Highways and Roads,
to compel the Inhabitants of their several and respective Dis-



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LAWS OP THE COLONY OP NEW YORK. 481

tricts to work on said Highways and Roads at certain Seasons
in the Year when the same may be necessary nor to provide
Timber for building, amending and repairing the Bridges on
said Highways and Roads.

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 Freeholders
and Inhabitants mentioned in the Act aforesaid, shall be oblij^i^d
to work on the said Highways and Roads six Days in the Year
agreeable to the Directions in said Act, and as many more as
occasion shall or may require, not exceeding three Days.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That any one of his Majesty's Justices of the Peace for
the Time being in the County of Dutchess aforesaid or any one
Commissioner for the Time being, may as often as occasion shall
or may require order any Overseer to work upon and repair any
Road or Highway that he shall think necessary within his Dis-
trict, and such Overseer under the Penalty in said Act men-
tioned agreeable to the Directions in said Act to be recovered,
shall within three Days thereafter warn and set to work the
persons of his District who are obliged to work on Highways
upon that part of the Road or Highway which he shall so be
ordered to work upon and repair, and that the person or persons
so ordered to work, in Case of Refusal shall forfeit the like Pen-
alty in said Act mentioned to be recovered according to the
Directions of the Act aforesaid.

AND BE IT FURTHER ENACTED by the AuthoPiky afore-
said. That if any Timber or other Materials shaH be accessary
and wanting further than for which Provision is made in the
Act aforesaid, for building, amending and repairing the Bridges
and Causeways on the Roads and Highways in the County afore-
said. That it shall and may be lawful for the said Overseers of
the said Roads and Highways respectively, by" and with the
Consent of the major Part of the Commissioners of Highways
of their respective Precincts signified by a Certificate in writing
under their Hands, and they are hereby required to purchase
at as reasonable a Rate as they can so much Timber and other
Materials as shall be necessary for the purposes aforesaid; and
that the respective Overseers of the said Roads and Highways,
respectively shall on the third Tuesday in March in every Year,
deliver under Oath to the Supervisor of their respective Pre-
cincts a true Account of all such Sum and sums of Money as they

Vol. V. 61



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482 LAWS OF THE COLONY OF NEW YOJSlv,

shall have respectively paid, or for which they are become en-
gaged, for the purposes aforesaid, together with the said Cer-
tificate subscribed by the major Part of the said Commissioners,
signifying their Consent thereto as aforesaid, which Account and
Certificate, the said Supervisor shall deliver in to the Supervisors
of the said County at their annual Meeting; And the said Sum
and Sums of Money so by the said Overseers respectively paid
and engaged for as aforesaid shall be raised and levied of and
from the Freeholders and Inhabitants of the respective pre-
cincts in which the same shall have been expended, in like man-
ner and after the same Rate and proportion as the other neces-
sary and contingent Charges of the said County are raised and
paid.

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 oup Lord one
thousand seven hundred and seventy six.



[CHAPTER 1587.]

[Chapter 1687, of Van Schaack, where the act Is printed in fulL Bee
chapter 1457.]

An Act to revive an Act entitled "An Act
**for the more equal Taxation of Estates in
" Orange County."

[Passed, February 6, 1773.]

WHEREAS an Act entitled. "An Act for the more equal
"Taxation of Estates in Orange County." passed in the tenth
Year of his present Majestj's Reign, expired by it's own Limita-
tion the first Day of January one thousand seven hundred and
seventy three, and the sam^ having been found useful and neces-
sary.

BE IT THEREFORE EXACTED 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 Equal Taxation of Estates in Orange
" County ". shall be and hereby is revived, and every Article
Matter and Clause therein contained enacted to be and remain
in full Force from the publication hereof until the first Day of
February which will be in the Year of our Lord one thousand
seven hundred and seventy six, -вЦ†" v ,



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LAWS OP THE COLONY OP NEW YORK. 483



[CHAPTER 1588.]

[Chapter 1688, of Van Schaack, where the act is printed In ftilL]

An Act to raise fifteen hundred Pounds for
draining the drowned Lands in the Precinct of
Goshen in Orange County.

""'' [Passed, February 6, 1773.1

WHEREAS there is a large Tract of Land situate in the Patent
of Wawayanda in the Precinct of Goshen in the County of Orange
commonly called the drowned Lands which for many Months in
a Year is overflowed and thereby rendered unfit for any use.
AND WHEREAS it is imagined that the said Lands may be
drained, so that a great part of them may be fit for Tillage or
pasturage, AND WHEREAS it is represented, that some Parts of
the drowned Lands are owned by Infants, Feme Coverts or Per-
sons not within this Colony, notwithstanding which it is just and
equitable that the Expence of draining the same ought to be
borne by the Proprietors of the Lands which will be benefited
thereby.

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 Samuel Gale, Jesse
Woodhull and Nathaniel Roe Junior Esquires or any two of them
or the survivors or survivor of them shall be Inspectors or tn-
spector to settle and finally ascertain the Quantity of Land (Cedar
Swamps and Upland excepted) within the said Precinct which in
their Opinion may be benefited by draining the said drowned
Lands and shall then proceed to rate and Assess the Quotas and
Proportion of each respective Lot and Parcel of Land (Cedar
Swamps and Upland excepted) which in their Opinion may be so
benefited, according to it's Quantity and Quality, in order to raise
upon the whole of the said Land the Sum of fifteen hundred
Pounds: And that the said Inspectors after they have finally
compleated the said Assessment, shall make and subscribe a Roll
thereof containing the several Lots or parcels of Land so assessed,
and distinguishing whether they are divided or undivided, the
Proprietors Names of each as far as shall come to their knowl-
edge, and the Quota or Proportion of each respective Lot or Tract
in the said Sum of fifteen hundred Pounds, and the particular
sums or Proportion thereof which each Proprietor of such respec-
tive Lots or Parcels of Land shall pay, and having finished the



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48i LAWS OP THE COLONY OP NEW YOEK.

same shall file a Copy thereof und^r their Hands in the Clerk's
OflSee of the said County and in the Secretary's OflSce in the City
of New York, and that the said Inspectors or any two of them, or
the Survivors or Survivor of them shall when desired by the Trus-
tees hereafter named or the major Part of them publish an Adver-
tisement in the Public News paper of this Colony commonly
called the New York Gazette and Weekly Mercury, to be con-
tinued for four Weeks successively, and to contain an exact Tran-
script of such Assessment as aforesaid, and shall also fix a Copy
thereof at the Court House in Goshen in the said County giving
Notice to and requiring all persons interested in the said drowned
Lands to pay their respective Quotas of the said fifteen hundred
Pounds to the Trustees hereafter mentioned within two Months
from the Date of the said Advertisement.

AND BE IT FURTHER ENACTED by the Authority aforesaid.
That if the Quota so to be assessed on any or either of the Tracts
or Lots of Land whether divided or undivided being so notified as
aforesaid, shall not be duly paid and discharged according to the
said Notice and Demand that then it shall and may be lawful to
and for the said Inspectors or any two of them, or the survivors
or survivor of them, at one or more Sale or Sales, to sell and dis-
pose of so much or so great a part of the undivided right. Interest,
share and Proportion of any Person or Persons having any Estate
or Interest in any of the said undivided Tract or Tracts of Land, or
any other Lot or parcel of Land so charged as aforesaid with a
proportion of the said fifteen hundred Pounds so as aforesaid to
be assessed, which Sale or Sales shall be made at Public Vendue
or Outcry at the Court-House in Goshen, first giving two Months
Notice of such intended Sale by Advertisement to be affixed in
the said County of Orange at the said Court-House, and by adver-
tising the same in the Public Newspaper as aforesaid, four
Weeks successively: and after retaining out of the Monies arising
by such Sale, so much as the Assessment shall amount unto, to
gether with the Contingent Expence of such sale, shall render the
Overplus Money, (if any be) to the Owner or Owners of the said
undivided Tracts or other Lot or Lots, that shall so have been
sold.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Deed or Deeds of Conveyance of the said Inspec-
tors or of any two of them, or the Survivors or Survivor of them
to every respective purchaser shall be good and effectual in the
Law to convey such undivided Right or RightSy share and Shares,



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LA.WS OP TnE COLONY OP NEW YORK. 485

Lot and Lots, to the purchaser his Heirs and Assigns in fee
Simple, and shall be and operate as a full and effectual Barr
both in Law and Equity against all persons or Bodies corporate
and Politic, claiming or to claim the same, by virtue of or under
any Right or Title whatsoever.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the said Inspectors, or the Survivors or Survivor of
them shall also pay to the Trustees hereafter named, or the Sur-
vivors or Survivor of them, the Monies which shall from Time
to Time come into their Hands by virtue of any Sale to be made
in pursuance of this Act, and that the proprietor or proprietors
of any and every such undivided Lands, and of every such Lot
or parcel of Land shall according to the said Assessment pay
his and their respective Proportion of the said fifteen hundred
Pounds to the Trustees hereafter named (to wit) William Wick-
ham, Henry W^isner, Samuel Gale, William Allison and Gilbert
Bradner, and the Survivors or Survivor of them, to be by them,
and the Survivors or Survivor of them applied towards draining
the said drowned Lands, at such Times and by such Ways and
Means as they or any three of them, or the survivors or Sur-
vivor of them shall think proper.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the said Inspectors before they proceed upon the
Business required of them by this Act, shall take an Oath before
one of the Judges of the Inferior Court of Common Pleas for
the said County of Orange, truly and impartially, according to
the best of their Skill and Judgment, to assess the said fifteen



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 48 of 92)