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 51 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 51 of 92)
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and Charge in the Execution of the Powers vested in them by
this Act, that is to say. The Commissioners for the City and
County of Albany each the Sum of fourteen Pounds: Those for
thp County of Ulster each the Sum of eight Pounds Those for
the Counties of Dutchess, Richmond and Cumberland each one
Pound; Those for the County of Orange each one Pound ten
Shillings; Those for Queens County each five Pounds; Those for
Suffolk County each four Pounds; Those for the County of Tryon
each five Pounds; Those for the Manor of Cortlandt and Rykes
Patent jointly Four Pounds; Those for the Manor of Philipsburgh
-jointly four Pounds; The Commissioner for the Borough Town
of West Chester one Pound four shillings and those for the re-
maining Part of West Chester County each five Pounds; The
Commissioner for Kings County five Pounds.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the several and respective Retailers of Strong Liquors
within this Colony shall pay unto the Commissioner or Commis-
sioners, that by this Act are or hereafter may be appointed, the
several and respective Sums of Money to be laid on them re-
spectively by virtue of this Act, before they shall be permitted
to retail any Spirituous Liquors, . ,



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LAWS OP THE COLONY OF NEW YORK. 607

AND BE IT FURTHER ENACTED by the Anthority afore-
Baid, That in Case any Person or Persons whomsoever, other
than snch as the said Commissioners so appointed or hereafter
to be appointed shall permit, shall presume to sell any strong
Liquors by Retail directly or indirectly, the Offender or
Offenders shall for each such Offence forfeit the Sum of five
Pounds to be recovered by the said Commissioners or Com-
missioners respectively, or by any other Person or Persons what-
soever, on the Oath of any one credible Witness in a Summary
way in the Cities of New York and Albany and Borough of West
Chester before the Mayor or Recorder and one or more Aldermen
of the said Cities and Borough respectively, and in the several
Counties before any Justice of the Peace within the several Coun-
ties respectively: and if upon Conviction the said Forfeitures be
not paid, the same shall be levied on the Goods and Chattels of
the Offender or Offenders, by Warrant or Warrants under the
Hands and Seals of the Person or Persons before whom such Con-
viction shall happen, and if no Goods and Chattels are found on
which to distrain, it shall and may be lawful for the Person or
Persons who heard and determined the same to commit the
Offender or Offenders to Goal without Bail or Main-prize for
the space of three Months unless the Penalties are sooner dis-
charged and the said respective Magistrates shall be and are
hereby fully impowered directed and required to hear and deter-
mine those Matters in the Manner aforesaid and to give Judg-
ment, if need be to award Execution thereon, and to issue a
Warrant or Warrants for the Commitment of the Offenders, as
the Case may require; one half of which Forfeiture shall be to the
prosecutor or prosecutors, and the other half to the Poor of
the Town Manor or Precinct where the Offence shall be com-
mitted to be paid into the Hands of the Church Wardens or
Overseers of the Poor of the said respective place or places, 'by
the Officer or Officers by whom the same shall be levied, any
Thing in any of the Acts of this Colony to the contrary notwith-
standing.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That the several Retailers who shall be permitted and
allowed to retail by the said Commissioner or Commissioners,
or such as may hereafter be appointed, shall before they do so
retail any strong Liquors enter into Recognizance unto oup
sovereign Lord the King, that is to say, in th«^ Cities of New.
York and Albany and Borough of West Chester^ before tlic tq^



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603 LAWS OF THE COLONY OF NEW YORK.

spective Majors, thereof, and in the several Counties in this
Colony before two Justices of the Peace in the Penal Sum of
twenty Pounds with suflScient Sureties in the like Sum, Con-
ditioned to keep an orderly House according to Law during
the Time they shall be permitted to retail as aforesaid, and there-
upon the respective Mayors, or the said Justices shall grant to
such person or persons who have entered into such Recognizance,
a Licence under his or their Hands and Seals to retail Strong
Liquors in such House and place as shall be mentioned therein
from the Date of such Licence unto the first Day of February
next succeeding; which Recognizances are to be lodged by the
Person or Persons before whom the same shall be taken vizt:
In the Cities of New York and Albany and Borough of West
Chester with the Town Clerks, and in the several Counties with
the respective Clerks thereof, and upon Complaint of the Breach
of the said Condition, it shall be lawful for the said Mayor and
Aldermen of New York and Albany and Borough of West
Chester respectively or the greater Number of them, and in the
Counties for the Justices of the General and Special Sessions
of the peace, to suppress the Licence or Licences of such Of-
fender or Offenders.

AND BE IT EJNACTED by the Authority aforesaid. That in
Case any of the Persons who shall be permitted to retail strong
Liquors as aforesaid, shall presume to retail before he she or
they have obtained a Licence and entered into Recognizance to
keep an orderly House as aforesaid, he she or they so offending
shall respectively forfeit the Sum of five Pounds for each Offence
to be recovered in a summary way in the Manner before directed,
one half thereof to the prosecutor and the other half to the Poor
of the Town Manor Precinct or District where the Forfeiture
shall arise: And that the Expence of being qualified to retail
may be within the Bounds of Moderation.

BE IT ENACTED by the Authority aforesaid, That no more
shall be taken for a licence and Recognizance in the Cities of
New York and Albany and Borough of West Chester than the
usual and accustomed Fees, and in the respective Counties than
the Sum of three Shillings.

AND BE IT ENACTED by the Authority aforesaid, That
such Persons permitted to retail as aforesaid, who retail Strong
Liquors not to be drank in their own Houses, but carried else-
where shall not be obliged to enter into Recognuzance, and take
Licence as aforesaid, any Thine: contained in this Act to the Con*
trary notwithstanding.



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. -^- . I.AWS OF THE COLONY OP NEW YORK. 50S>

T' laiND BE IT ENACTED by the Suthority aforesaid, That in
Case of the Death or refusal of any of the aforesaid Commis-
sioners, or those that may hereafter be appointed the surviving
or other Commissioner or Commissioners where such Death or
Refusal may happen, shall be and hereby is and are entitled to
the whole Reward, and vested with the same Powers and Author-
ities to execute this Act as if no such Death or Refusal had
happened: And in Case of the Death or Refusal of all the Com-
missioners of any of the respective Cities, Counties, Towns,
Manors Precincts or Districts, then the Sheriff or Sheriffs for
the Time being for the Cities, Counties, Towns, Manors, pre-
cincts or Districts, where such Death or Refusal shall happen,
Bball be and hereby is and are vested until the first Day of the
Month of February next succeeding such Death or Refusal, with
all the powers and Authorities given to the Commissioners by
this Act, be under the same Regulations, and entitled to the same
Rewards to all Intents Constructions and purposes whatsoever,
as if they had been particularly named and appointed in this
Act, any Thing in this Act to the contrary notwithstanding.

PROVIDED ALWAYS and be it further Enacted by the same
Authority, That if it should so happen that no future Law or
liaws should be passed within one Month next after the said
first Day of February which will be in the year of ourT^ord one
thousand seven hundred and seventy four, or within one Monlh
next after the first Day of every succeeding February during
the Continuance of this Act, that then and in such Case it phall
and may be lawful to and for the Supervisors of the several
find respective Counties of this Colony for the Time being, and
for the Mayor Recorder and Aldermen of the City of New York
for the Time being, to nominate and appoint the several Com-
missioners of Excise in their respective Cities and Counties, and
such Commissioner or Commissioners so nominated and ap-
pointed shall exercise the said Office until the first Day of the
next succeeding Februarj iu as full and ample a Manner as
any of the Commissioners appointed by this Act, and be liable
to the same Penalties and receive the like Rewards, any Thing
in this Act to the contrary hereof notwithstanding.

AND BE IT ENACTED by the same Authority, That the
major Part of the Commissioners appointed or to be hereafter
api-ointed, as also the major Part of the Supervisors for the
Time being Shall have all the Powers and Authorities that the
whole of the said Commissioners or Supervisors are invested



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610 LAWS OP THE COLONY OF NEW YORK.

^ith by tliis Act, any Thing to the contrary hereof in this Act
notwithstanding.

PROVIDED ALWAYS That Nothing in this Act shall be
construed to make void, abridge, or any wise lessen the several
Rights and Privileges granted nnto the Cities of New York and
Albany, and Borough of West Chester by their respective Char-
ters any Thing contained in this Act to the contrary thereof
notwithstanding.

AND BE IT FURTHER ENACTED. That this Act shall be
in force from the passing thereof, until the first Day of February
which will be in the Year of our Lord one thousand seven hun-
dred and ninety three.

[CHAPTER 1599.]

[Clbapter 1509. of Tan Schaack* where the act is printed in fulL See
•bapter 1472.]

An Act to remedy the Evil this Colony is
exposed to from the great Quantities of counter-
feit Money introduced into it.

[Passed, March 8, 1773.1

WHEREAS the Credit of the paper Currency of this Colony
hath been of late greatly injured by the flagitious Practices of
a,rtful and wicked Men who have counterfeited and altered the
same, and passed such counterfeited and altered Bills knowing
the same to be counterfeited and altered: And as it is of
the utmost Importance to the trade and Interest of the Colony
to prevent the Mischiefs arising from the circulation of counter-
feit Currency; and as it may tend greatly to defeat the Desi^s
of the Counterfeiters if the true and genuine Bills be distin-
guished from such as are false and Counterfeited. And the
Bills of Credit of this Colony which have chiefly been of late
counterfeited are those which were emitted by virtue of an Act
entitled "An Act for emitting the Sum of one hundred and
" twenty thousand Pounds in Bills of Credit to be put out on
"Loan and to appropriate the Interest arising thereon to the
" payment of the Debts of this Colony and to such public Exi-
** gences as the Circumstances of this Colony may from Time to
^Time render necessary.'*

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor the Council and the General Assembly, and it is hereby
enacted bj the Authority of the same That the Treasurer of this



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LAWS OF THE COLONY OP NEW YORK. . ^^^

CJolony for the Time being, Samuel Verplank, Theophilact Bache,
and Walter Franklin and the major Part of them are hereby
constituted Commissioners, and authorized to cause such plate
or plates, and Device or Devices to be formed and engraved as
they shall judge to be most difficult to be immitated and counter-
feited as the J or the major Part of them may think proper; and
forty four thousand Copies thereof to be struck off upon thin
paper to be pasted, glued or affixed to each of the Bills emitted
by the Act aforesaid.

AND BE IT FURTHER ENACTED by the same Authority,
That the Person by whom the said plate or plates shall be made,
shall deliver the same to the said Commissioners or one of them,
and then take an Oath, that the Plate or Plates by him so de-
livered, hath or have not been out of his Custody from the Time
of his commencing to engrave the same to the Time of such De-
livery, and that he hath not made, nor will attempt to make any
Imitation thereof, and that no paper Copies have been taken or
Struck off from or with the same other than such as he shall have
struck off or cause to be struck off in the presence of the said
Commissioners, some op one of them.

AND BE IT FURTHER ENACTED by the same Authority,
aiiat as soon as the above number of Copies are struck off, the
said plate or plates shall be melted down in the presence of the
Majority of the said Commissioners.

AND BE IT ALSO ENACTED by the same Authority, That
the said paper Copies so to be made of the said plate or platei
shall be lodged with the said Treasurer who shall give a Receipt^
for the same to the Speaker of the General Assembly for the Time
being, and affix one Copy to the reverse Side of each of as many
©f the said Bills of credit as may be presented to him or come to
liis Hands, and which he shall adjudge and agree to be genuine
true and good Bills of the Emission authorized by virtue of the
Act aforementioned taking an Account of the Number and Value
of each Bill, and of the Names of the Signers in a Book to be kept
for that purpose; And in Case any of the Bills tendered to have
such Device affixed thereto as aforesaid shall appear to him to be
suspicious, he shall call to his Assistance the other Signers of
such Bills emitted by the said first recited Act or one of them
together with the printer thereof, to inspect and determine the
same, whose Opinion and Judgment of such inspected Bills shall
be a full Justification of the Conduct of the Treasurer thereon.



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513 LAWS OF THE COLONY OF NEW YORK.

'AND in Order that any Person or Persons tendering such true
and genuine Bills emitted bj the said first recited Act may not
be detained until the Device or Devices be thereunto affixed as by
this Act is directed. BE IT ENACTED by the same Authority.
That it shall and may be lawful to and for the said Treasurer to
give such person or persons so tendering any of the said true and
genuine Bills any other Money that may then be in the Treasury
in lieu thereof, other than such Bills of credit emitted by former
Laws of this Colony, the Limitation of whose Currency is or may
be expired.

AND BE IT FURTHER ENACTED by the same Authorit: ^
That from and after the first Day of February next, no Bill cH
Credit shall pass for or be deemed to be a Bill of Credit issue 1
by virtue of the said A.ct until it shall have on the reverse thereo ]
a Copy of such plate op plates as may be made in pursuance of the
Directions of this Act.

AND BE IT ALSO ENACTED by the same Authority, Thai
the Treasurer may pay such Sums out of the Treasury for pro-
curing the plate or plates, paper and Copies aforesaid as the
Majority of the said Commissioners shall think requisite, not ex-
ceeding two hundred Pounds, of which the said Treasurer shall
render an Account as well as of the Services of the said Commis-
sioners respectively that Provision may be made for satisfying the
same by a future Law of this Colony.

AND forasmuch as the Neglect of the Commissioners by any
Accident to exercise the great and important Trust committed to
them by this Act would stagnate and discredit the Bills made
Current by the Act aforesaid. BE IT THEREFORE EN-
ACTED by the same Authority, that Nothing in this Act before-
mentioned shall be of force until the said Commissioners or the
major Part of them have taken an Oath or Affirmation well and
faithfully to perform the Trust aforesaid. PROVIDED AL-
WAYS, that Nothing in this Act contained shall be construed or
taken to constitute the said paper Copies of the said Device to
be a new Emission of Money, but only a Mark for distinguishing
the Genuine and true Bills of Credit emitted by the said Act
from the false and Counterfeit Bills.

BE IT FURTHER ENACTED by the same Authority. That
there shall be given and paid to such Person or Persons as shall
apprehend any felonious Offender or Offenders against either of
the Laws afotementioned such Sum or Sums as the Governor or
Commander in Chief of this Colony with the Advice and Consent



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LAWS OF THE COLONY OF NEW YORK. * 513

of the Council shall promise by Proclamation to be specially
issued from Time to Time for that purpose PROVIDED AL-
WAYS that such Offender op Offenders be convicted in a due
Course of Law and that all the Rewards so to be promised by
Proclamation do not exceed the Sum of two hundred Pounds.

AND BE IT ALSO ENACTED by the same Authority. That
the Treasurer of this Colony for the Time being shall pay the
Rewards aforesaid to such Person or Persons as the Majority of
the Judges before whom the Offender shall be convicted, shall
certify to be due to him or them by virtue of such Proclamation,
out of any Money then in the Treasury, and every such Certificate
with a Receipt thereon indorsed by the Bearer of the same for the
Bum therein mentioned shall be a sufiQcient Voucher to the said
Treasurer in his Account with this Colony.

[CHAPTER 1600.1
[Chapter 1600, of Van Schaack, where the act is printed in fuIL]

An Act for the settlement and relief of

the Poor.

[Passed, March 8» 1778.]

WHEREAS the Laws of this Colony relating to the settlement
and support of the Poor, are very deficient and ineffectual for
tliat purpose.

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 from and after the
passing hereof it shall and may be lawful upon Complaint made
by the Church-Wardens or Overseers of the Poor of any Parish
Town Precinct or District Within this Colony to any Justice of
the Peace within forty Days after any Person or Persons shall
come to settle in such Parish, Town, Precinct or District in any
Tenement under the Yearly Value of five Pounds, for any two Jus-
tices of the Peace whereof one to be of the Quorum, in or next
unto the Parish Town Precinct or District where any such per-
son or i>erson8 that are likely to be chargeable to the Parish
Town Precinct or District, shall come to inhabit by their War-
rant to remove and convey such person or persons to such Parish,
Town, Precinct or District where he she or they were last legally
settled either as a Native, Householder sojourner Apprentice or
Servant for the space of forty Days at the least unless he she or
Vol. V 6b



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514 LAWS OF THE COLONY OF NEW YORK.

they give snfficient security for the Discharge of th<; said Parish
Town Precinct or District to be allowed by the said two Justices.

PROVIDED ALWAYS, That all such Persons who think
themselves aggrieved by any such Judgment of the said two
Justices may appeal to the Justices of the Peace of the County
wherein the Parish Town Precinct or District from which such
poor person or persons is or are removed doth lie, at their next
General or Quarter sessions of the peace who are hereby required
to do them Justice according to the Merits of their Cause. -

AND forasmuch as poor persons at their first coming to any
Place, may conceal themselves. BE IT THEREFORE HEREBY
PROVIDED AND ENACTED by the same Authority, That the
forty Days continuance of such Person or Persons in any such
place intended by this Act to make a Settlement shall be ac-
counted from the Entry or Record of a Notice in writing which
he or she shall deliver of the House of his or her abode and the
Number of his or her Family if he or she have any, to one of the
Church Wardens or Overseers of the Poor of such place to
which they shall so remove; and the said Church Wardens or
Overseers of the Poor is or are hereby required to register or
cause to be registered the said Notice in Writing in the Bo(»k
kept for the Poors Accounts, and within forty eight Hours after
the Receipt thereof.

PROVIDED ALWAYS, AND BE IT ENACTED by the Au-
thority aforesaid. That no Soldier, Seaman, Shipwright or other
Artificer or Workman employed in his Majesty's Service shall
have any settlement in any Place by delivery and publication of
a Notice in writing as aforesaid unless the same be after the
Iiismission of such person out of his Majesty's service.

AND BE IT FURTHER ENACTED by the Authority Afore-
said, That if any Church Wardens or Overseers of the Poor shall
refuse or neglect to register or cause to be registered such No-
tice in Writing as aforesaid in such Manner and Time as afore-
said he or they for every such Offence (upon proof thereof by two
credible Witnesses upon oath before any Justice of the Peace
for the same County, City or Town Corporate where complaint
thereof shall be made) shall forfeit the Sum of forty shillings
to the use of the party grieved, to be levied by Distress and Sale
of the Offender's Goods, by Warrant under the Hand and Seal
of any Justice of the Peace within the said Juiisdictions respec-
tive ly, directed to the Constable of the City Parish, Town, Pre-
cinct or District where such Offender or Offenders dwell, the



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'^ LAWS OP THE COLONY. OP KEW YORK 515

Overplus, if any be, to be petnmed to the Owner or Owners, and
for want of such sufficient Distress, the said Justice shall commit
him or them to the common Goal of the said County City or Town
Corporate there to remain without Bail or Mainprize for the
space of twenty Days.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED
by the same Authority. That if any Person who shall come to
Inhabit in any City Parish Town Precinct or District, shall for
himself and on his own Account execute any public annual Office
or charge in the said City, Parish, Town Precinct or District
during one whole year, or shall be charged with and pay his
share towards the Public Taxes or Levies of the said City, Parish,
Town, Precinct or District for the space of two years, then he
shall be adjudged and deemed to have a legal Settlement in the
same^ though no such Notice in writing be deliyered and regis-
tred as before required.

AND IT IS HEREBY FURTHER ENACTED. That if any
unmarried person not having a Child or Children shall be law-
fully hired in any City, Parish, Town, Precinct or District for
one Year and shall continue and abide in the same Service during
the Space of one whole year, such Service shall be adjudged
and deemed a good settlement therein though no such Notice
be delivered and registred as is herein before required.

AND BE IT FURTHER ENACTED, That if any Person shall
be bound an apprentice by Indenture or by any Deed Writing oi;
Contract not Indented and inhabit in any City Town Parish Pre-
cinct or District, such binding and inhabitation shall be ad-
judged a good settlement, though no such Notice in writing be
delivered and published as aforesaid.

PROVIDED ALWAYS AND BE IT HEREBY ENACTED,
That if any Person or Persons shall find him her or themselves
aggrieved by any Determination which any Justice of the Peace
shall make in any of the Cases abovesaid, the said Person or
Persons shall have liberty to appeal to the next General or
Quarter Sessions of the Peace to be held for the said County
City or Town Corporate, who upon full hearing of the said Ap-
peal shall have full power finally to determine the same.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That if any person be removed by virtue of this Act from
one County City Town Corporate precinct or District to another
by Warrant under the Hands and seals of two Justices of the
Peace, the Church Wardens or Overseers of the Poor of the said



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616 LAWS OP THE COLONY OF NEW YORK.

City Parish Town, Precinct or District to whicli the said persoB
shall be so removed are hereby required to receive the said per-
son, and if he or they shall refuse so to do he or they so refusing
or neglecting (upon proof thereof by two credible witnesses ujwn
Oath before any Justice of the Peace of the County City or Town
Corporate to which the said person shall be removed.) shall for-
feit for each Offence the Sum of ten pounds to the use af the
Poor of the City, Parish, Town, Precinct or District from which
the said person was removed to be levied by Distress and Sale
of the Offender or Offenders Goods by Warrant under the Hand
and Seal of any Justice of the Peace of the County City or Town
Corporate to which such person was removed, directed to the
Constable of the City, Parish, Town precinct or District where



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 51 of 92)