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 49 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 49 of 92)
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hundred Pounds on the Lands made liable by this Act for the
payment of the same.

AND BE IT FURTHER ENACTED by the same Authority.
That exact accounts shall kept by the said Trustees of all monies
expended by them in pursuance of this Act, one Copy of which,
under Oath, shall be filed in the said Secretary's Office, and an-
other in the Clerk's OflSce in the County of Orange: And that
in Case the whole of the said fifteen hundred Pounds shall not
be expended the Overplus shall be divided by the said Trustees
among the respective Proprietors of the Lands mentioned in
the Assessment to be made by the said Inspectors, and that in
the same proportion as the said sum was raised.

AND BE IT FURTHER ENACTED by the same Authority.
That in Case the said Trustees, or the major Part of them shall
think proper to proceed upon the Business required of them by



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«88 LAWS OP THE COLONY OF NEW YORK.

tbis Act before tbe said fifteen bundred Ponnds sball be raised,
tbey may advance Bacb 8um or sums of Money as tbey or the
major Part of tbem shall think proper, and Interest shall be
allowed for the same.

AND WHEREAS the said William WMckham and Henry
Wisner did in the Year of our Lord one thousand seyen hon-
dred and seventy two expend several Sums of Money in clearing
the Outlet of the said drowned Lands.

BE IT THEREFORE FURTHER ENACTED by the Anthor-
ity aforesaid. That the said Inspectors or any Two of them
shall examine the Accounts of the said William Wickham and
Henry Wisner, and view the Outlet of the said drowned Lands,
and shall certify under their Hands the Sum of Money which
in their Opinion ought to be paid to the said William Wickham
and Henry Wisner, for the Services by them done towards the
clearing of the said Outlet, which Sum so certified the said
William Wickham and Henry Wisner may retain in their Hands
out of the said fifteen hundred Pounds to be raised by virtue of
this Act PROVIDED ALWAYS. That Nothing in this Act
contained shall affect his Majesty, his Heirs or Successors, or
any Estate Right, Title, or Interest belonging to him or them,
any Thing in this Act contained to the contrary thereof in any
wise notwithstanding.



[CHAPTER 1589.]
(Chapter 1689, of Van Schaack, where the act is printed in full.]

An Act to raise one hundred and fifty
Pounds for lowering a Pond commonly called
Wickham's Pond, in the Precinct of Goshen in
the County of Orange.

[Passed, February 6, 1773.]
WHEREAS there ar6 several large Tracts of Swamp and Bog
Meadow adjoining to the said Pond and the Creek that runs out
of the same, which are frequently rendered unfit for use by the
overflowing of the said Pond.

BE IT THEREFORE ENACTED by his Excellency the Gover-
nor the Council and the General Assembly, and it is hereby en-
acted by the Authority of the same. That Samuel Gale, Richard
Edsall, and Nathaniel Roe Junior Esquires, or any two of them
or the Survivor or Survivors of them shall be inspectors to settle



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LAWS OF THE COLONY OF NEW YORK, 487

and finally ascertain the Number of Acres of Swamp and Bog-
Meadow which may in their Opinion be benefited by lowering the
said Pond, and clearing out the said Creek and to make an assess-
ment of what each Person interested in the said Swamps and
Bog-Meadows, ought to pay towards the said Sum of one hun-
dred and fifty Pounds.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That in order to lower the said Pond, and to clear out and
enlarge the said Creek, the said Sum of one hundred and fifty
Pounds shall according to the assessment which shall be made
by the said Inspectors be paid to William Wickham, John Bard,
and Henry Wisner the third, to be by them applied in paying
all incidental Charges, and for lowering the said Pond, and in
clearing and enlarging the said Creek from the said Pond to forty
Rods below that part of the Lands of the said John Bard whereon
Israel Wood formerly had a Mill, and that by such Ways and
Means as they or any two of them shall think proper.

AND BE IT FURTHER ENACTED by the authority afore-
fiuiid. That each proprietor shall within one Month after the said
Inspectors shall have made their Assessment pay his respective
proportion of the said one hundred and fifty Pounds to the said
William Wickham, John Bard, and Henry Wisner or either of
them, and in default of payment it shall be lawful for the said
William Wickham, John Bard and Henry Wisner or either of
them to recover the same by due Course of Law with Interest
and Costs of Suit, in like Manner as other Actions of Debt are
recovered within this Colony.

AND BE IT FURTHER ENACTED by the same Authority,
That in Case the said one hundred and fifty Pounds shall not be
sufficient for effectually lowering the said Pond and clearing
ana enlarging the said Creek, such further Sum not exceeding
fifty Pounds shall be raised as the majority of the Proprietors
shall think proper, which further Sum shall be paid to the said
William Wickham, John Bard and Henry Wisner by the re-
spective proprietors in the same proportion as the one hundred
and fifty Pounds is to be paid. >



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488 LAWS OF THE COLONY OF NEW YORK.



[CHAPTER 1590.]
[Chapter 1580, of Van Schaack, where the act la printed In fall. See
cliapter 801]

An Act for altering the place of Meeting
of the Supervisors in the County of West
Chester,

[Passed, February 6^ 1773.]

WHEREAS an Act was passed on the twenty ninth Day of
November one thousand seven hundred and forty five entitled,
"An Act to alter the place of the supervisors Meeting in the
** County of West Chester." by which it was Enacted, that the
annual Meeting of the Supervisors should be at the School-House
in the Town of Rye. AND WHEREAS by the increase of the
Inhabitants in the Northerly Part of the said County, the said
place of meeting is become extremely inconvenient.

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 for
the Time being of the said County of West Chester, shall for
the future hold their annual Meetings at the Court-House at tho
White Plains in said County, and being so met, shall have
power to adjourn for such Time and to such place as they or the
major Part of them shall think expedient any Thing in the said
Act, or any other Act or Acts to the contrary thereof notwith-
standing.

[CHAPTER 1591.]
[Chapter 1501, of Van Schaack, where the act is printed in full.]

An Act to* prevent the killing and destroy-
ing of Game in the Manor of Philipsborough in
the County of West Chester.

[Passed, February 0, 1773.]
WHEREAS a Number of idle Persons have for sometime past
carried on a pernicious practice of killing and destroying Part-
ridges, Pheasants and Quails within the manor of Philipsborough
insomuch that unless some Remedy be provided the whole Breed
of them within the said Manor is in danger of being extirpated.
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 no person or persons
whatsoever from and after the passing this Act, for and daring



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LAWS OP THE COLONY OP KEW YORK. 489

the Term of three Years from thenceforth shall take kill or
destroy any Partridges, Pheasants or Quails, their Eggs or Young
with Nets, Snares, Gins, or any other Engines or Devices, or by
any other Ways oi means whatsoever within the said Manor upon
Pain and Forfeiture for every Partridge, Pheasant or Quail young
or old, or their Egg or Eggs so taken killed or destroyed as afore-
said the Sum of twenty Shillings Current Money of this Colony,
which Forfeiture shall be recovered before any one Justice of the
Peace in the County of West Chester, upon the Oath of one
credible Witness, or upon proof made by such Witness, that any
such Partridge, Pheasant or Quail or their Egg or Eggs hath been
seen In his or their possession, one Half of the said Forfeiture to
be paid to the said person giving Information of such Offence, and
the other Half to the Overseers of the Poor, to be applied to the
use of the Poor on said Manor, and in Case the said Forfeiture
shall not be paid upon Conviction, the Offender or Offenders shall
be committed to the Common Goal of the said County without
Bail or Mainpiize, and shall there remain for the Space of twenty
Days: and in Case any Slave or Slaves shall commit such Offence
or Offences, and the Forfeiture or Forfeitures shall not be paid
upon Conviction, such Justice shall order him or them to be
whipped thirty Lashes on the bare Back at the Public whipping
Post.

AND BE IT FURTHER ENACTED by the Authority aforesaid.
That no person or persons after the Expiration of the said Term
of three Years shall presume to kill or take any Partridges,
Pheasant or Quail, from the tenth Day of February to the tenth
Day of October in every year forever after; and if any Person or
Persons shall offend contrary hereto, he or they so offending shall
forfeit the like Sum of twenty shillings to be recovered and ap-
plied in manner and form aforesaid.

[CHAPTER 1592.]
[Chapter 1592, of Van Schaack, where the act is printed la fnlL See
chapter 675.]

An Act to amend an Act entitled "An Act
"for the better clearing regulating and fur-
**ther laying out Public Highways in the
^ County of Suffolk."

[Passed, February 6, 1773.1

WHEREAS the aforementioned Act which was passed in the
fifth Year of the Reign of his late Majesty King George the
62



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490 LAWS OP THE COLONY OF NEW YORK.

second, by several subsequent Acts has been continued to the
Year one thousand seven hundred and seventy five, and it has
been found by Experience, that the Clause in the same, enacting
that the penalties for not working on the Highways, as in that
Act directed shall be recovered by Warrant from the Commis-
sioners or the major Part of them, is attended with great In-
convenience, for the Commissioners being usually chosen in
separate Districts in the Towns fur the Ease of the Inhabitants,
it generally happens that the Commissioners must travel many
Miles before such a Majority can be obtained, for remedy whereof.
BE IT ENACTED by his Excellency the Governor, the Coun-
cil and the General Assembly and it is hereby enacted by tho
Authority of the same. That each Commissioner in such his
District, shall and is hereby impowered and authorized to issue
his Warrant for the Recovery of every Penalty or Forfeiture that
may arise within his District by virtue of the said Act, not-
withstanding any Thing contained therein to the contrary.

[CHAPTER 1593.]
[Chapter 1593, of Van Scbaack, where the act is printed In full.]

An Act declaring Winthorp's Patent to
be under the Jurisdiction of the Town of
Brookhaven in Suffolk County.

[Passed, February 6, 1773.1
WHEREAS there is a certain Tract of Land in the said County
known by the Name of Winthorp^s Patent, and Disputes have
arisen whether the Lands contained in the said Patent are within
the Jurisdiction of the said Township, though the Lands are
within it's Boundaries, and it being judged most reasonable that
the said Patent should be under the Jurisdiction thereof, there*
fore, to prevent any further Disputes.

BE IT ENACTED by his Excellency the Governor the Coun-
cil 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 Lands contained in the said Patent shall be and
remain under the Jurisdiction of the said Town of Brookhaven,
and the Inhabitants dwelling and residing within the said Pat-
ent shall be subject to all the Laws and Regulations that the
other Inhabitants of the said Town are liable and subject to,
and invested with all the powers and privileges that the Inhabit-
ants of the said Town are invested with: AND that the Free-



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LAWS OP THE COLONY OP NEW YORK. A91

holders and Inhabitants of the said Town, are hereby impow-
ered to choose one Constable more at their annual Elections,
who shall be chosen out of the Freeholders or Inhabitants dwell-
ing and residing within the said Patent PROVIDED AL-
WAYS that Nothing contained in this Act shall be construed
to affect the Title or property of any Lands, but only the Juris-
diction thereof, any Law, Usage or Custom to the contrary in
any wise notwithstanding. .

[CHAPTER 1594.]
[Chapter 15&4, of Van Schaack, where the title only is printed.]

An Act to raise the Sum of sixteen hun-
dred pounds in the County of Tryon to com-
pleat the Court-House and erect a Goal at
Johnstown in said County.

I Passed, February 6, 1778.1
WHEREAS the Court House for the County of Tryon is begun,
and the Building hitherto carried on by some of the Inhabitants
of the said County. AND WHEREAS the same cannot be com-
pleated neither can the Goal be erected without the Assistance
of a Law for raising a Sum to defray the Charge of the same.

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 for building and
erecting the same Court-House and Goal, the Supervisors of
the said County, or the major Part of them for the Time being,
shall and they are hereby required and directed to order to be
levied on the Freeholders and Inhabitants of the said County a
Sum not exceeding sixteen hundred pounds with the Additional
sum of three pence for every pound for collecting the same eight
hundred pounds of said sixteen hundred Pounds shall be raised
in the first Tax that shall be levied after the publication of this
Act, and the Remainder thereof with the second Tax, which said
Sum of sixteen hundred pounds shall be raised levied and col-
lected in the same Manner as the other necessary and contingent
Charges of the said County are.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Monies so to be raised by virtue of this Act, shall
from Time to Time be paid by the several and respective Col-
lectors of the said County unto the Honorable Sir William John-
son Baronet, Daniel Claus, Hendrick Fry, John Butler and
Robert Adems Esquires, who are hereby appointed Trustees for



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493 LAWS OP THE COLONY OF NEW YORK.

laying out the. said sum ol sixteen hundred Pounds for the pur-
poses aforesaid; and the said Trustees or any three of them,
shall and may from Time to Time, inspect, examine and audit,
all the several and respective Accounts for Workmanship and
Materials to be employed for and towards making and erecting
the Court-House and the Goal beforementioned, and of the due
Disposition of the said Sum of sixteen hundred pounds or so
much thereof as shall come into their Hands, they, the said
Trustees or any three of them appointed as aforesaid, shall ren-
der a true Account upon Oath unto the Justices at the General
Sessions of the Peace for the said County.

[CHAPTER 1596.]

[Chapter 1505, of Van Schaack, where the act is printed In fylLl

An Act to encourage the destroying of
Wolves and Panthers in the County of Tryon.
IPahsed, February 6, 177E.]

WHEREAS the giving of an Encouragement for the destroy«i
Ing of Wolves in the adjacent Counties has by Experience, been
found very beneficial to the Freeholders and Inhabitants of the
same. AND WHEREAS there is no Law for that puipose ex-
tending to the County of Tryon.

BE IT THEREFORE ENACTED by his Excellency the Oor-
ernor, 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, and during the continuance thereof,
every Person whether Christian or Slave, and every native Indian
who shall kill or destroy a Wolf or Panther, or it's Whelp in the
County of Tryon^ shall have and receive the following Reward,
That is to say, for every grown Wolf or Panther the Sum of
twenty Shillings, and for every Wolf or Panther under the Age
of one Year the Sum of fifteen Shillings.

AND to the End the Reward before mentioned may De truly
paid and discharged. BE IT ENACTED by the Authority afore-
said. That the person or Persons killing or destroying a Wolf
or Wolves, Panther or Panthers, and carrying the Head or Heads
thereof with the intire Skin thereon within three Days after
killing the same to a Justice of the Peace residing in the said
County, before whom (if a Christian and thereunto required by
the said Justice of the Peace) he shall make Oath that he killed
the same within the said County, and within the Time limited by
this Act| or if not a Christian, shall afford some other satisfactoryj



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LAWS OF THE COLONY OP NEW YORK. 49$

proof, of the Truth thereof at the Discretion of the said Justice^
and the said Justice shall and hereby is obliged thereupon to
give a Certificate thereof gratis, and to mention therein the Name
or Karnes of the person or persons that killed such Wolf or
Wolves, Panther or Panthers, the Time when and whether the
saiQc were full grown or under the Age of one Year, after which
tlie Ears of the Wolf or Wolve»> Panther or Panthers so certified
are to be cut off in the presence of the said Justice, and such
Certificate being produced to the Supervisors of the said County,
the said Supervisors shall, and hereby are obliged, at their an-
nual Meetings, to order the Treasurer of the baid County to pay
uato the person or persons who so killed or destroyed the same
or to his or their Assigns, the Reward allowed and established
by this Act: and the said Reward shall be a County Charge and
raised together with the other necessary, and contingent Charges
of the said County.

This Act to be of force from the publication hereof until the
first Day of February one thousand seven hundred and seventy
eight.

[CHAPTER 1596.J
^Chapter 1506. of Van Schaack, where the title only Is printed.]

An Act for making a further Provision of
one thousand Pounds, for furnishing his Ma-
jesty's Troops quartered in this Colony with
Necessaries to the first Day of January next.

[Passed, March 8, 1773.J
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 Treasurer of this Colony shall pay
and he is hereby directed and required out of the Interest arising
from the Money in the Loan Office, to pay such Sum or Sums of
Money as shall from Time to Time be necessary for quartering
his Majesty's Troops in this Colony to the first Day of January
one thousand seven hundred and seventy four, on Warrant or
^Varrants to be drawn for that purpose by his Excellency the
Governor or Commander in Chief for the Time being, by and
with the Advice and Consent of his Majesty's Council, provided
the whole Sum to be drawn for does not exceed the Sum of
one thousand Pounds.

AND BE IT ENACTED by the Authority aforesaid. That
the Treasurer shall keep exact Books of his payments by virtue



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494 LAWS^OE THE COLONY OF NEW. YORK.

of this Act, and a true and just Account thereof shall render
upon Oath, to the Governor or Commander in Chief for the Time
being, the Council or the General Assembly, when by them or
any of them thereunto requires?

[CHAPTER 1597.]
I [Ohapter 1697, of Van 8cbaaek, where the title only la printed.]

An Act for the Payment of the Salaries of
\ the several OflQcers of this Colony and other
11^ purposes therein mentioned.

[Passed. March 8. 1773. J

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 Treasurer of this Colony shall and
hereby is directed and required out of the Monies arisen, or which
may arise by virtue of the following Acts to wit, the Act entitled.
**An Act further to continue an Act entitled An Act for granting
** to his Majesty the several Duties and Impositions on Goods
** Wares and Merchandizes imported into- this Colony therein
" mentioned." the Act entitled "An Act to regulate the sale of
" Goods at Public Vendue Auction or Outcry within this Colony.'^
the Act entitled. "An Act to revive an Act entitled An Act to
" restrain Hawkers and Pedlars within this County from selling
"without Licence with an Addition thereto." and in Cose the
said Funds are insufficient to pay the following several Allow-
ances, the Deficiency to be paid out of the Interest Money arisen
or that may arise by virtue of the Act entitled "An Act for
" emitting the Sum of one hundred and twenty thousand Pounds
** In Bills of Credit to be put on Loan and to appropriate the In-
" terest arising thereon to the payment of the Debts of this Col-
"ony, and to such public Exigencies, as the Circumstances of
" this Colony may from Time to Time render necessary," to pay.

UNTO his Excellency William Tryon Esquire for Fire Wood and
Candles for his Majestys Fort George in the city of New York
from the first Day of September one thousand seven hundred
and seventy two, to the first Day of September one thousand
seven hundred and seventy three after the Rate of four hundred
Pounds per Annum.

UNTO the Honorable Daniel Horsemander Esquire as Chief
Justice of the Supreme Court of this Colony and for going the
Circuits from and to the Time aforesaid after the Rate of three
hundred Pounds per Annum*



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LAWS OP THE COLONY OP NEW YORK. 495

UNTO the Honorable David Jones Esquire, one of the puisne
Justices of the Supreme Court of this Colony, and for going the
Circuits from and to the Time aforesaid after the Rate of two
hundred Pounds per Annum.

UNTO the Honorable Robert R. Livingston Esquire one other
of the Puisne Justices of the Supreme court of this Colony, and for
going the Circuits from and to the Time aforesaid after the Rate
of two hundred Pounds per Annum.

UNTO the Honorable George D. Ludlow Esquire the other
puisne Justice of the Supreme Court of this Colony, and for going
the Circuits from andjto the Time aforesaid after the Rate of two
hundred Pounds per Annum.

UNTO such of the Justices of the Supreme Court of this Colony
as may attend the Circuit Courts in the Counties of Tryon,
Charlotte, Cumberland and Gloucester, or either of them the Sum
of fifty Pounds to each Justice that shall so attend; and for the
Attendance of such Justice or Justices on any special Commission
of Oyer and Terminer and General Goal Delivery in either of the
said Counties other than such Special Commission which may be
held when the Circuit Courts in the said Counties are held, the
further Sum of fifty Pounds to the Justice or Justices so attend-
ing, and for the Attendance of such Justice or Justices on sueli
Special Commission in the County of Albany the Sum of thirty
Pounds, and for the other Counties in this Colony, not already
provided for, the Sum of twenty Pounds.

UNTO the Secretary of this Colony for the Time being for en-
grossing and enrolling the Acts of the General Assembly from
and to the Time aforesaid after the Rate of forty Pounds per
Annum.

UNTO the Clerk of the Council for the Time being for his Ser-
vices in that Station from and to the Time aforesaid the Sum of
thirty Pounds.

UNTO the Doorkeeper of the Council for the Time being for his
Services in that Station from and to the Time aforesaid the Sum
of thirty Pounds.

UNTO Hugh Gaine for Services performed by him as Puljic
Printer of this Colony as per Account the Sum of one hundred and
ninety one Pounds.

UNTO Thomas Moore and John Griffiths as Gangers of Liquor
subject to a Duty within this Colony, or to the Gangers thereof
for the Time being, from the Time of their respective Appoint-
ments to the first Day of September one thousand seven hundred



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496 LAWS OF THE COLOiJY OF NEW YOIiK.

and seventy three, after the Rate of thirty Poauds per Annum
unto each of them.

UNTO Thomas Hill and Josias Smith Land and Tide Waiters,
or to the Land and Tide Waiters for the Time being for their
Services in that Station from the first Day of September one
thousand seven hundred and seventy two, to the first Day of
September one thousand seven hundred and seventy three after
the Rate of fifty Pounds per annum unto each of them.

ALL which aforesaid several Sums of Money shall be paid by
the Treasurer on Warrants issued by his Excellency the Governor
or the Commander in Chief for the Time being by and with the
Advice and Consent of his Majesty's Council of this Colony, and



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 49 of 92)