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 53 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 53 of 92)
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one thousand seven hundred and seventy, shall be and hereby
is revived, and every Article Matter and Clause therein contained,
enacted to be and remain in full force until the first Day of Feb-
ruary, which will be in the Year of our Lord one thousand seven
hundred and seventy four.

AND BE IT FURTHER ENACTED by the same Authority.
That if any Hawker or Pedlar, shall sell any kind of Goods,
Wares or Merchandize whatsoever unto any Slave without the
Leave and permision of the person owning such Slave, and shall
be thereof accused by any Person and convicted before any one
Justice of the Peace of this Colony, shall for every such Oiffence
forfeit and pay the Sum of five Pounds, which Justice is hereby
stiictly required and directed to hear and finally determine the
same, and give Judgment, and award Execution in the usual
Manner of proceeding on the Trial of Causes of the Value of five
Pounds and under before Justices of the Peace, the one half of
which Forfeiture shall go to the Person suing for the same, and
the other half to the Overseers of the Poor in the District where
such Offence shall be committed, to be by the Overseers of the
Poor applied to the use of the Poor of such District, any Law
usage or Custom to the contrary notwithstanding.



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LAWS OF THE COLONY OF NEW YOBK. 527

[CHAPTER 1605.1
[Ghapter 1606, of Van Schaack, -where the act la printed In f nil.]

An Act to regulate the Office of Under or
Deputy Sheriff within this Colony.

[Passed, March 6, 1773.1

AS the Business incident to the Office of Sheriff throughout
this Colony is of late much increased and in many of the Coun-
ties and particularly in the City and County of New York, the
greatest Part of it is committed to Under Sheriffs or Deputies
who are not sworn to the faithful Execution of their Offices; and
by their being too long contiuuoe: i. their Offices, they are more
liable to corruption, whereby the Rights of the Crown as well as
the property of the Subject may be greatly injured, for nreven-
tion whereof.

BE IT ENACTED by his Excellency the Governor tne Council
and the General Assembly, and it is hereby enacted by the Au-
thority of the same. That from and after the passing of this Act
every Person that shall be admitted to the Office of an Under-
Sheriff or Deputy within this Colony before he enters upon the
Execution of the said Office shall take an Oath before one of the
Justices of the Supreme Court or a Judge of the Inferior Court
of Common pleas or the Mayors of the Cities of New York and
Albany, respectively for the true and impartial Execution of his
Office in the form and Words following to wit. " L A B. do in the
** presence of Almighty God swear that I will well and truly
*• serve our Sovereign Lord the King in the Office of Under Sheriff
^ or Deputy during my Continuance therein, and will duly, faith-
" fully and truly execute all Writs and precepts that shall be
" delivered to me or come to my Hands for that purpose, and will
" faithfully and truly return the same according to the best of
** my knowledge Skill and Judgment and that I will not know-
" ingly corruptly or unjustly use or exercise the Office of under-
" Sheriff or Deputy during the Time I shall remain therein, neither
" will I directly or indirectly accept receive or take by any Colour
" Means or Device whatsoever, or consent to the taking of any
"Manner of Fee or Reward of or from any person or persons
" whatsoever for the impanneling or returning of any Inquest,
" Jury or Tales in any Court for the King or between party and
"party, or for the serving any legal process whatsoever more
"than such Fees or Rewards as now are or hereafter shall be



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628 LAWS OF THE COLONY OF NEW YUKK.

•• appointed allowed and established, but will demean myself
*' truly and impartially in all Things that shall belong to the
** Duty of my Office of under Sheriff or Deputy according to the
" best of my Skill and power, so help me God/' which Oath shall
be taken by such Officers already appointed, within thirty Days
after passing this Act. AND BE IT FURTHER ENACTED by
the Authority aforesaid, That no Under Sheriff or Deputy,
that now is, or that hereafter shall be appointed to Act in the
Office of Under-sheriff or Deputy within the City and County of
New York shall continue in the same more than three Years, and
every such Officer shall be and is hereby rendered incapable of
holding the same Office again until he shall have been at least
three Years out of the said Office.

AND BE IT FURTHER ENACTED by the same Anthoritr
That if any Under Sheriff or Deputy at any Time or Times frun
and after thirty Days next after the passing of this Act, shal
presume to Act in the said Office of under Sheriff or Deputes
within this Colony without taking the Oath herein before di-
rected, or if any Under Sheriff op Deputy in and for the City
and County of New York, shall continue in that Office longer at
any one Time than the Term herein before limitted, or if any of
the said Under Sheriffs or Deputies shall do or commit any Act
or Thing by virtue of his Office contrary to the true Intent and
Meaning of this Act that then and in such Case every person so
Offending shall forfeit for every such Offence the Sum of ten
pounds Current Money of New York the one Moiety for the
use of the Poor of the City or County where the Offence shall
happen, the other Moiety to any person who shall sue for the
same to be recovered by Action of Debt Bill Plaint or Informa-
tion in any of his Majesty's Courts of Record within this Colony,
in which Actions, Suits, Plaints or Informations no Essoign or
Wager of Law, and but one Imparlance shall be allowed. PRO-
VIDED ALWAYS That neither this Act, nor any Thing herein
contained shall extend or be construed to extend to Oases of
Special Deputations made by any High Sheriff and indorsed on
any Writ at the Special Instance and request, and at the Risque
of any Plaintiff or Plaintiffs; But every Person who shaH assist
the Sheriff of any County in the Service of more than three Writs
or Processes shall be deemed to be an Under Sheriff within the
Meaning of this Act.

This Act to be in force from the passing thereof until the
first Day of February which will be in the Year of our Lord cm
thousand seven hundred and seventy six.



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LAWS OF TDE COLONY OF NEW YORK. 629

.[CHAPTER 1606.]
[Ghapter 1606, of Van Scbaack, where the act Is printed In fnll.]

An Act to oblige Collectors and Constables
to give Security for the faithful performance
of their respective Offices.

[Passed, March 8, 1773.]

WHEREAS several of the Counties within this Colony have
sustained considerable Losses by the Insolvency and Misconduct
of the Collectors of the said Counties and many of the Inhabit-
ants of the said Counties have sustained Losses by the Miscon-
duct and Insolvency of the Constables of the said Counties, for
Remedy whereof for the Future

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 every Collector hereafter to be chosen
for any of the Wards in the City and County of New York inune-
diately after he shall be elected, and before he shall enter upon
the Business of the said Office of Collector shall enter into Bond
with sufficient Security to the Mayor of the said City and County
for the Time being in such Sum as the said Mayor for the Time
being shall think proper well and faithfully to execute the Office
of Collector of such Ward as he shall li% so elected for during
the Time he shall continue to be collector.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That if the Collector of any of the respective Wands within
the City and County of New York, shall not comply with the
Condition of the Bond or Obligation above directed to be given,
whereby the Penalty of such Bond or Obligation shall be for-
feited, in such Case it shall be lawful for the said Mayor of the
said City and County of New York for the Time being to sue for
and recover the same with Costs of Suit, in any Court of Record
within this Colony, and the Monies that shall be recovered in
such Suit or Action shall be applied towards making good any
such Deficiency as shall happen or accrue by reason or means
of the Neglect or Misconduct of such Collector.

AND BE IT FURTHER ENACTED by the Authority afore-

•aid, That every Collector hereafter to be chosen in such of

he other respective Counties, Towns, Boroughs, Manors Pre-

incts or Districts within this Colony immediately after he shall

Vol. V. 67



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530 LAWS OP THE COLONY OF NEW YORK.

be elected Collector for such County, Town, Borough, Manor,
Precinct or District, and before he shall enter upon the Business
of the said Office of Collector, shall enter into Bond or Obligation
with sufficient Security, (if required by twelve Freeholders,) to
the Clerk of each respective Town Borough Manor Precinct or
District for the Time being, in double the Sum to be by him
collected within the same, well and faithfully to execute the
Office of Collector of such respective County, Town, Borough,
Manor, Precinct or District during the Time of his continuing
to be Collector.

AND BE IT ENACTED by the Authority aforesaid. That
if the Collector of each resjJective County, Town, Borough,
Manor, Precinct or District shall not comply with the Condition
of the Bond or Obligation above directed to be given, whereby
the Penalty of such Bond or Obligation shall be forfeited in
such Case it shall and may be lawful for the Clerk of each re-
spective Town, Borough, Manor, Precinct or District, for the
Time being by the Name of the Clerk of such Town, Borough,
Manor, Precinct or District, to sue for and recover the same
with Costs of Suit in any Court of Record within this Colony
and the Monies that shall be recovered in any such Suit or Ac-
tion shall be applied towards making good any Deficiencies (hat
may arise or accrue by reason or means of the Neglect or Mis-
conduct of such Collector.

AND BE IT ENACTED by the Authority aforesaid, That
every Constable hereafter to be chosen in each respective City,
County, Town Borough Manor, precinct or District within this
Colony shall (unless he shall make Oath before a Magistrate at
the Time of his being so chosen, that he was chosen against
his Inclination,) immediately after he shall be elected Constable
for any such City, County, Town, Borough, Manor, Precinct or
District, and before he shall enter upon the Business of the
said Office of Constable enter into Bond or Obligation with
sufficient Security, (if required by twelve Freeholders,) to any
one of his Majesty's Justices of the Peace of such respective
County for the Time being in the Sum of one hundred Pounds
well and faithfully to execute the Office of Constable of such
respective City, County, Town, Borough, Manor, Precinct or
District, for which he shall be so chosen as aforesaid.

AND BE IT ENACTED by the Authority aforesaid. That
if any Constable hereafter to be chosen shall not comply with
the Condition of the Bond or Obligation above directed to be



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LAWS OF THE COLONY OP NEW YORK. 531

given, in such Case it Bhall and may be lawful fop any Person
OP Persons aggpieved by the Misconduct op Negligence of such
■ Constable op Constables tbeip Executors op Administrators to
commence his or theip Action op Actions against such Constable
OP Constables, his op theip Secupity op Secupities, op eithep of
them, OP theip pespective Heips Executops op Administrators if
the Sum in Demand amounts to upwapds of five Pounds in any
of the Coupts of Common Pleas within this Colony, and if five
Pounds OP undep befope any of his Majesty's Justices of the
Peace pesiding in the County fop which the said Constable shall
be chosen, who is hepeby authorized and commanded in a sum-
mapy way to hear tpy and detepmine the same and to give
Judgment, and awapd Execution thepeupon, in the usual Man-
nep of ppoceeding for Trial of Causes of the Value of five Pounds
and undep, in which Action op Actions so to be commenced, if
it shall appeap that the said Constable hath been guilty of Neg-
lect or Misconduct, the Plaintiff or Plaintiffs shall recovep his
OP their Damages with Costs of Suit any Law Usage op Custom
to the cOntpapy notwithstanding. PROVIDED ALWAYS, That
such Action op Actions be commenced within one Yeap fponi
the Time that the Cause of such Action op Actions shall accpue.

AND WHEREAS many Inconveniencies might apise f Pom the
Difficulty of ppoducing the original Bond op Obligation in Evi-
dence in Actions to be Commenced, by viptue of this Act, for
the ppeventing whepeof, BE IT ENACTED by the Authopity
afopesaid, That in all Actions hepeafter to be commenced by
virtue of this Act against any Constable his Secupity op Secupi-
ties, OP eithep of them, op theip pespective Heips Executops op
Administpatops a Copy of the said Bond certified undep the Hand
of the said Justice shall be good and effectual Evidence on the
Trial of any such Action or Actions to all Intents and purposes
as if the said original Bond was ppoduced and ppoved.

AND BE IT ENACTED by the Authority afopesaid. That
this Act shall be of fopce fpom the passing thepeof, until the
ftpst Day of April which will be in the Year of our Lord one
thousand seven hundped and seventy aeven.



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632 LAWS OF THE COLONY OF NEW YOEK.



[CHAPTEB 1607.]

[Ohapter 1607, of Yon Scbaack, ^where the act is printed In fuIL Bee
cbapttf 150L]

An Act to preyent the firing of Gnns and
other Fire Arms within this Colony.

f [Passed, March 8, 1773.] *

WHEREAS great Damages are frequently done on the Eye of
the last Day of December, and on the first and second Days of
January by Persons going from House to House with Ouns and
other Fire Arms, and being often intoxicated with Liquor, haye
not only put the Inhabitants in great Terror, but committed
many Mischiefs; for preyention whereof for the future.

BE IT ENACTED by his Excellency the Goyemor the Council
and the General Assembly, and it is hereby enacted by the Au-
thority of the same, That if any Person or Persons of any Age or
Quality whatsoeyer shall fire or discharge any Gun Pistol Rocket,
Cracker Squib or other Fire Work in any House Bam Or other
Building, or before any Door, or in any GardeJO, Street, Lane or
other Inclosure on the said Eye or Days before mentioned; that
then every such person or persons so offending and being thereof
convicted before one or more Justice or Justices of the Peace in
the County where such Offence shall be committed either by the
Confession of the party or parties so offending, or the Oath of
one or more Witnesses, which Oath said Justice or Justices of the
Peace is or are hereby impowered and required to administer,
shall for every such Offence forfeit the sum of twenty shillings
with Costs of Suit: the said Forfeiture to be levied by Distress and
Sale of the Offenders Goods and Chattels by Warrant under the
Hand and seal of the said Justice or Justices of the Peace before
whom such Conviction or Convictions shall be as aforesaid made,
the which Forfeitures to be to the use of the Poor of the Town op
place wherein such Offender shall be discovered: and if the said
Offender or Offenders shall not pay the said Forfeiture or For*
feitures upon Conviction as aforesaid and for want of sufficient
Distress whereon to levy the same, that then every such Justice
or Justices of the Peace is and are hereby impowered and re-
quired by Warrant under his or their Hands and Seals to commit
every such person or persons so as aforesaid offending, to the
common Goal of the County where the said Forfeiture shall arise,
there to remain without Bail or Mainprize for the Space of one



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,LAWS OF. THE COLONY OP NEW YORK. 633

Montli unless such Forfeiture or Forfeitures be sooner paid, but
in Case such Offender or Offenders in the premises last above-
mentioned shall happen to be a Slave or Slaves, and the For-
feiture or Forfeitures aforesaid on conviction as aforesaid shall
not be forthwith paid, that then it shall and may be lawful to and
for said Justice or Justices before whom the Conviction shall be
to cause such Slave or Slaves to be publickly whipped on the
naked Back such Number of Stripes as he or they shall think
proper, not exceeding thirty nine, which punishment shall be in
lieu and instead of the said Forfeiture.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That This Act be in force from the passing hereof until
the first Day of February one thousand seven hundred and eighty.

' [CHAPTER 1608.]
[Chapter lijOS, of Van Schaack, where the act Is printed In fuU.]

An Act to prevent aged and decrepit
Slaves from becoming burthensome within this
Colonyi.

[Passed, March 8, 1773.]

WHEREAS there have been repeated Instances in which the
Owners of Slaves have obliged them after they are grown aged
and decrepit, to go about begging for the common Necessaries of
Life, whereby they have not only been reduced to the utmost
Distress themselves, but have become Burthens on the Humanity
and Charity of others; and sometimes also such Owners by Col-
lusive Bargains, have pretended to transfer the property of such
Slaves to persons not able to maintain them, from which the like
evil Consequences have followed: For the Prevention whereof,
and effectually to suppress such unjust and inhuman practices.

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 from and after the passing of this Act
if any Person or Persons within this Colony shall knowingly and
willingly suffer and permit his, her, or their Slave or Slaves to
go about begging of others, Victuals Cloathing or other Neces-
saries, such Person or Persons being thereof convicted before
two Magistrates (who are hereby fully impowered and strictly
enjoined to inquire into, hear, and determ.ine the same) shall for-
feit for every such Offence the sum of ten pounds, to be levied
by Distress and Sale of the Offender's Goods by Warrant of the



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534 LAWS OF THE COLONY OP NEW YOKli^

said Justices and to be applied, tfie one half to the Person giving
Information thereof, and the other half to the Poor of the place
where such Offence shall be committed*

AND BE IT FURTHER ENACTED by the Authority afore-
said, That if any Person or Persons shall by such collusive Con-
veyance or fraudulent Agreement as aforesaid pretend to sell or
dispose of any such aged and decrepit Slave or Slaves to any
Person or Persons who is or are unable to keep and maintain
such Slave or Slaves, such Sale or Sales shall be absolutely void,
and the i)erson or persons making such pretended Sale shall
incur the Penalty of twenty Pounds and shall moreover be
deemed to be the Owner and Owners of such Slave or Slaves
within the Intent and Meaning of the first section of this Act;
which last mentioned Forfeiture shall be recovered levied and
applied in the Manner herein before directed.

[CHAPTER 1609.]

[Gbapter 1609, of Van Schaack» where the act is printed in full. See
ctiapter 1484. J

An Act to amend an Act entitled, "An Act
"to confirm certain Ancient Conveyances and
" directing the Manner of proving Deeds to be
^ recorded."

[Passed, March 8. 1773.1

WHEREAS by the aforesaid Act passed in the eleventh Year
of the Reign of his present Majesty it is among other Things
enacted with respect to Conveyances of Estates in this Colony
by Persons living abroad in other parts of the British Dominions
that no such Conveyances executed after the publishing of the
said Act shall be recorded here unless acknowledged and cer-
tified as in the said Act is directed and as the Mode of proof
thereby required may in some Instances be 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 all Conveyances of,
and Letters of Attorney relating to. Real Estates in this Colony
executed in Europe or any part of the British Dominions and
proved by a subscribing Witness before one of his Majesty's
Council or one of the Judges of the Supreme Court of this
Colony, or acknowledged by the Grantor or proved by a sub-
scribing Witness before one of the Judges of the Superior or



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LAWS OF THE COLONY OP NEW YORK. 535

Supreme Court of any of his Majesty's Colonies in America and
transmitted together with a Certificate under the Great Seal of
such Colony, purporting that the person therein named to have
taken such acknowledgment or Proof is a Judge of the Superior
or Supreme Court of such Colony, or duly acknowledged by the
Grantor or proved by one of the subscribing Witnesses before the
Lord Mayor of the City of London, the Mayors of the Cities of
Bristol or Liverpool, the Lord Provoost of the City of Edinburgh,
the Lord Mayor of the City of Dublin, or the Mayors of the
Cities of Londonderry and Cork in the Kingdom of Ireland, and
certified and transmitted under the Seals of OflSce of such Mayors
or Provoost respectively may be recorded here in any of the Pub-
lic Offices and such Deed, or the Record thereof may be read in
Evidence in any of the Courts of Law in this Colony and any
such Conveyances and Letters of Attorney which have been
proved and certified as above directed before the Publication of
this Act or the Records thereof may in like Manner be given in
Evidence. AND WHEREAS also there are many Real Ebtates
in this Colony vested in Feme Coverts residing out of the said
Colony, and it is very inconvenient and often imposible for them
to acknowledge Conveyances of their said Estates in the Manner
directed by the above recited Act, and it would be much more
practicable and easy for them to grant such Estates were they
enabled to do it by Conveyances to be executed in this Colony
by their attorneys duly thereto appointed.

BE IT THEREFORE ENACTED by the Authority aforesaid.
That all Deeds of Conveyance which have been executed since
the passing the aforesaid Act, and which shall be hereafter exe-
cuted by any Feme Covert living out of this Colony in conjunction
with her Husband for the conveying of the real Estate of such
Feme Covert lying and being in this Colony and duly acknowl-
edged or hereafter to be acknowledged by such Feme Covert
before any of the Persons authorized by the said former Act, or
by this Act, to take proofs and acknowledgements of Convey-
ances of Real Estates in this Colony executed by Persons living
out of the same shall be good and sufficient to pass the Estate
of such Feme Covert purported to be therein conveyed by her,
provided such Acknowledgment of such Feme Covert (to be
written on such Conveyance and signed by the Judge or other
Officer by whom such acknowledgment shall be taken,) shall
specify or purport that such Feme Covert was examined by him
separate from her Husband and that she confessed she executed



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536 LAWS OF THE COLONY OP NEW YORK.

such Conveyance as her Act and Deed freely without any Pear
c»r Compulsion of her Husband, and provided also that the Exe-
cution of such Deed by the Husband of such Feme Covert be
proved or acknowledged by him and certified in the Manner
directed by the before recited Act, or by this Act, with respect
to conveyances of Estates in this Colony by Persons living out
of the same.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That any Lands or Real Estates in this Colony vested
as aforesaid in any Feme Covert living or residing out of the
same which have been since the passing of the said Act or shall
hereafter be conveyed in the Name of such Feme Covert, by any
Attorney or Attornies of such Feme Covert to any Person or
Persons whatsoever, in virtue of a Letter of Attorney from such
Feme Covert and her Husband for that purpose, shall be good
and sufficient in the Law to pass to and vest in the Grantee or
Grantees respectively and their Heirs, the Land* and real Es-
tate of such Feme Covert so conveyed or to be conveyed according
to the purport and Litention of such Letter of Attorney and
Conveyance provided that such Letter or Letters of Attorney
is or shall be acknowledged by such Feme Coverts respectively
in the Manner herein before directed, to be her free Act and
Deed without any Fear or Compulsion from her Husband and
such acknowledgment be written on the said Letters of Attorney



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 53 of 92)