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 58 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 58 of 92)
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Freeholders not having any Interest in the Land so laid out into
an Highway or Road, the said Freeholders to be summoned by
the Sheriff of said County by virtue of a Warrant to be issued
by any one Justice of the Peace of said County, who shall at-
tend at the Time and place mentioned in the said Warrant and
swear the Jury, and sit with them upon hearing the Dispute
and swear the Witnesses, but shall not give his Vote with the
said Jury in assessing the said Value and Damages; but if no
Dispute arises about the Necessity of laying out such Public
Highway then the said Commissioners shall report the same
to the Supervisors at their next Meeting and the said Super-
visors shall then endeavour to agree with the Owner or Owners
of the Land over which such Highway shall be laid out, for the
value of the Land and Damages; and if they cannot agree, the
same shall be determined by a Jury in the Manner aforesaid, and
in all Cases of Public Highways so laid out or altered as afore-
said, the Value of the Lands and Damages, whether agreed on
as aforesaid or assessed by a Jury, together with the Charges
of the Commissioners, and calling and charges of a Jury if there
be a Jury, and of the whole proceedings thereon had shall be
levied and paid in like Manner as the other contingent Charges
of the County: And the Highways, so laid out shall be a com-
mon Public Highway, but if the Road laid out be for the pri-
vate use and benefit of any particular person or persons, then
the said Commissioners shall hear and determine all Disputes
concerning the necessity of such private Road, and the Value
of the Land Damages and Charges aforesaid shall be paid by
the person or persons who desire the same to be laid out, and
the Road to be for the only proper use of such Person op Persons



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LAWS OP THE COLONY OP NEW YOKE. 677

and their Heirs and Assigns who shall pay for the same; and
in Case the Person or Persons applying for such private Road
cannot agree with the Owner or Owners of the Land over which
such private Road shall go, respecting the Value of the Land
and Damages, then the same shall be assessed by a Jury in the
Manner above directed: ALWAYS PROVIDED, That the Per-
son through whose Land the said Road shall be so laid out, his
Heirs or Assigns, shall not be debarred from crossing or using
said Road.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That if any Person or Persons within the said County do
or hereafter shall alter stop up or lessen any Highway or Road,
that has been heretofore laid out by former Commissioners ac-
cording to Law or shall be hereafter laid out by Commissioners
elected and chosen by virtue of this Act without the Consent
of the Commissioners, shall for every such Offence forfeit the
Sum of forty shillings to be recovered before any Justice of the
Peace, upon the Oath of any one credible Witness and levied
by Warrant from any Justice of the Peace directed to the Con-
stable of the Town or Place where such Offence is committed
by distraining the Goods and Chattels of the Offender, and
the said Constable after six Days Notice is given by him of
the selling the said Distress, shall make sale thereof and out of the
produce pay the said Forfeiture and Charges and return the
Overplus (if any there be) to the Owner or Owners thereof: which
said Forfeiture of forty Shillings shall be applied by the Sur-
veyor of the Highways, for and towards repairing the Public
Roads or Highways within the Precinct where such Forfeiture
shall arise.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That all common public Roads or Highways which shall
be hereafter laid out by the aforesaid Commissioners shall not
exceed four Rods in Breadth nor be less than two, and where
any Private Road for any Person or Persons particular use or
benefit as aforesaid shall be laid out through any Person's Land
or Meadow, it shall not exceed the Breadth of twenty Feet.

AND BE IT FURTHER ENACTED by the same Authority,
That the Inhabitants of the Manor and Precincts where any
Common Public Roads or Highways have or shall nin, or be here-
after ascertained or laid out, are hereby obliged to clear and
maintain the same by draining banking, cutting or stubbing the
Brush, carrying off the Stones, and the Limbs of Ttees hanging
Vol. V. 73



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578 LAWS OP THE COLONY OF NEW YORK.

oyer the said Road to be lopped and carried off, or the Trees cut
down as the same may be necessary; and so often as they or
any of them shall have Notice from the respective Surveyors
or Overseers of the Highways for the Time being shall by them-
selves or Servants, clear level and amend the Highways in such
place and Manner as they shall be directed by the said Overseers
or Surveyors respectively, not exceeding six Days In the year
nor less than three, under the Penalty of four Shillings for each
Day every Person shall neglect or refuse such Service, to be
levied by the Constable in each Precinct or Division by Dis-
tress and Sale of the Offender's Goods and Chattels, by War-
rant from any one of the Surveyors or Overseers of the High-
ways for the Time being where such Neglect or Refusal shall
happen, returning the Overplus of such Sale if any there be, to
the Owner or Owners, the Constable to be first paid for his pains
and Trouble out of the Distress as is common in other Cases,
and the said Forfeiture of four shillings shall be applied for
repairing the Public Roads or Highways within the Precincts
where such Forfeiture shall, arise.

AND BE IT ENACTED by the Authority aforesaid, That
all trees that stand in any Person's Land, through which any
Common Public Road or Highway is or may hereafter be laid
out shall be for the proper use of the Owner or Owners of the
same, but the Owner shall not hinder the Public from making
use of so much Timber which is standing or lying on that Road
as will amend and repair the Highways or Road running througu
that Land, and if there should not be sufficient Timber on the
Public Roads to amend and repair the same, or should any other
Materials for that purpose be necessary or wanting the Over-
seers shall have power to purchase any of the aforesaid Mate-
rials in the best and cheapest Manner they can, and shall carry
in their respective Accounts to the supervisors who shall add
so much to the respective precincts where the same did arise,
and be by them raised in the same Manner as the other con-
tingent Charges are raised and levied.

AND BE IT ALSO ENACTED by the same Authority, That
where any Highway from any Plantation to any Meadow, Mills
or Common Landing places shall run through any Person or Per-
sons Land or Meadow it shall and may be lawful for any such
person or persons by the Approbation of the Commissioners as
aforesaid to place and hang good and easy swinging Gates
on such Highways, and keep them in good Repair at their own
proper Costs, and the several Gates already standing and al-



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LAWS OP THE COLONY OF NEW YORK. 679

lowed, may op shall be approved and continued op altered, as
the Commissioners shall judge most convenient.

AND BE IT FURTHER ENACTED by the same Authority,
That if the Overseers of the Roads and Highways shall think
fit and have Occasion for any Team, Cart op W^aggon and a
Man to manage the same, the said Team, Cart or Waggon shall
be esteemed to be for and in lieu and stead of three Days Work
of a single Man and the Fine proportionable, and every Person
when called to work on the Roads shall bring such Materials
as spades Axes and other Utensils as shall be directed and ap-
proved by the Surveyors or Overseers of the Highways respect-
ively.

AND BE IT FURTHER ENACTED by the same Authority,
That the Commissioners or the majority of them, shall from
Time to Time enter in writing all the Highways or Roads by
them laid out altered or stopped up, and sign the same and
cause them to be entered in the County Record, and, the Clerk.
is hereby directed and required to enter the same, unless in Case
of public Roads where a Dispute arises about the Necessity of
laying out such Road, in which Case the said Commissioners
are to return their said proceedings to the supervisors as is
herein before directed, and whatsoever the said Commissioners
shall do according to the Powers given them in this Act being
so entered in the County record shall be valid and good to all
Intents and purposes whatsoever.

AND BE IT FURTHER ENACTED by the Authority aforesaid.
That each Commissioner shall have take and receive a sum not
exceeding six Shillings for every Day he shall be employed in
laying out and regulating or opening Highways as aforesaid for
his Care and Trouble in doing the Business required by this
Act: and the said Commissioners shall transmit their Accounts
to the supervisors of the said County at their annual Meetings,
of the Number of Days they have respectively spent in doing
the Business required by this Act, and the- supervisors shall
raise the same with the County Tax which shall be paid by the
County Treasurer to the Commissioners and Overseers upon a
warrant from the supervisors as in other Cases except where
the Commissioners are paid by private persons as before directed.

AND BE IT FURTHER ENACTED by the Authority aforesaid.
That upon the Ordering of any one Justice of the Peace the
surveyors or Overseers of the several precincts and Divisions
shall within eight Days after warn and set to work the respective



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680 LAWS OF THE COLONY OP NEW. YORE,

Inhabitants and persons made liable to mend and repair tna
Highways and Roads which by Law they are obliged to repair,
and if any of the surveyors or Overseers shall neglect or refuse
to warn and set to work the Inhabitants as aforesaid, and see
the said HighVays and Roads amended and repaired, such Sur-
veyor or Overseer shall for every such Neglect or Refusal for-
feit and pay a sum of forty shillings to be adjudged by and
recovered before any one Justice of the Peace of said County
where such Neglect or Refusal shall happen which Fine shall
be applied towards repairing the said Highways in 8uc?h Pre-
cinct or Manor wherein such Fine shall arise,

AND BE IT FURTHER ENACTED by the Authority aforesaid.
That one certain Act passed the twenty ninth Day of November
one thousand seven hundred and forty-five entitled, "An Act
" for the better clearing, regulating, and further laying out Pub-
" lie Highways in King's County, Queen's County, Richmond
. " County, and Orange County ", as far as it respects the County
of Richmond aforesaid, and the Act entitled, "An Act for the
"better laying out regulating and keeping in Repair common
"and public Highways in Richmond County," passed the twen-
tieth Day of October one thousand seven hundred and sixty four,
shall be and hereby are repealed.

AND BE IT FURTHER ENACTED by the Authority aforesaid.
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 hundred and seventy seven.

[CHAPTER 1622.]

Chapter 1022, of Van Scbaack, where the act Is printed in fulL See
chapter 1483.]

Kn Act to rtvive an Act entitled "An Set
''to appoint Inspectors of Flour and Repackers
** of Beef and Pork in the several Counties
" therein mentioned.'*

[Passed, March 8, 1773.]

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 the Act entitled, "An Act to ap-
" point Inspectors of Flour and Repackers of Beef and Pork in
*' the several Counties therein mentioned," passed in the eleventh!
year of his present Majesty's Reign, shall be and hereby is re-
vived, and every Article Matter and Clause therein contained



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LAWS OP THE COLONY OP NEW YORK 681

enacted to be and remain in full force from the passing hereof
until the first Day of February which will be in the Year of our
Lord one tnousand seven hundred and seventy five.

[CHAPTER 1C23.]
[Chapter 1G23, of Van Schaack, where the act is priutcd in full.]

An Act to ascertain the place, from whence
the Mileage Fees of the respective Sheriffs of
the several Counties therein named, shall be
computed, and for other purposes therein men-
tioned.

[Pasj^d, March 8, 1773.]

WHEREAS it has been usual for the sheriffs of the respec-
tive Counties herein after mentioned to compute their Mileage
Fees on the Service of Writs from their respective places of
abode or from their respective County Goals although they are
remote from the Center of the said respective Counties, which
greatly increases the Charge for Mileage in the Service of Writs
on such Persons as live at a Distance from their Goals or the
Habitations of the said sheriffs, to remedy which for the future.

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 passing of this
Act, the respective Sheriffs of the respective Counties herein
after named for the Time being, shall compute their Mileage
Fees for the Service of all Writs and process hereafter by them
served, and subject to the payment of Mileage Fees from the
respective places herein after mentioned, and from no other
place whatsoever, that is to say.

The sheriffs of the Counties of Cumberland and Kings re-
spectively from the place where the respective Court Houses
and Goals now stand in the said Counties.

The sheriff of the County of Suffolk from a Path commonly
known by the Name of the Wading River path, about seven
Miles to the Westward of the County Hall in the said County,
at the Junction of the said Path with the County Road which
passes through Nassau Island about the Middle thereof.

The sheriff of Queens County from a certain Pond commonly
called the Wind-Mill Pond near the North side of Hempstead
Plains.

AND the sheriff of Dutchess County from the House where
Myndert Veale Esquire now lives in Beekman's Precinct: any



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683 LAWS OF THE COLONY OF NEW YORK.

Law, Ordinance Usage op Custom to the contrary notwith-
standing.

AND forasmuch as the returning of Process issued out of the
Supreme Court of this Colony by the Sheriff of the said County
of Cumberland is attended with extraordinary Trouble and
Expence, the Sheriff in many Cases being obliged to travel a
great Distance in order to facilitate the Return thereof.

BE IT FURTHER ENACTED by the Authority aforesaid.
That it shall and may be lawful to and for the sheriff of the said
County of Cumberland for the Time being to ask demand and
receive the usual and Customary Mileage Fees for every Mile
he shall necessarily travel in or out of the said County iii order
to facilitate the Return of each and every Writ and process
which shall be issued out of the supreme Court of this Colony,
and by him served and returned, and that an Affidavit to be
by him made in each Case before one of the Judges of the In-
ferior Court of Common pleas for the same County of the Num-
ber of Miles he necessarily travelled in order to facilitate such
Return, shall be a sufficient proof of the same, and an Authority
to the Judges of the said Supreme Court, or one of them to tax
such Mileage Fees in all Bills of Cost in Causes where the De-
fendant resides within the said County of Cumberland any Law
Usage or Custom to the contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That it shall and may be lawful to and for the sheriff of the
said County of Cumberland for the Time being and his Deputies,
and they are hereby impowered to serve and execute all Sum-
monses, Warrants, Executions, and. other precepts which Jus-
tices of the Peace are impowered to issue in pursuance of an
Act of the Legislature of this Colony entitled, "An Act to im-
*^ power Justices of the Peace, Mayors, Recorders and Alder-
" men to try Causes to the Value of live Pounds and under, and
" for suspending the Act therein mentioned," made and passed
on the twelfth Day of March one thousand seven hundred and
seventy two: and that the said sheriff for the Time being and
his Deputies shall and hereby are declared to be entitled to the
like Fees for their respective Services as are allowed by the
said Act to the Constables who are by the said Act impowered
to perform the same.

This Act to continue of force until the ninth Day of April
which will be in the Year of our Lord one thousand seven hun-
dred and seventy eight.



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LAWS OF THE COLONY OP NEW TOBK. 583

[CHAPTER 1624.]
[Chapter 1624, of Van Schaack, where the act is printed In fulL See
chapters 1453, 1500, 1526.]

An Act for the better Regulation of the
Public Inns and Taverns in the several Coun-
ties therein mentioned.

[Passed, March 8, 1773.1

WHEREAS the Laws for the better regulation of Public Inns
and Taverns within the several Counties herein after mentioned,
are either expired or found ineffectual, and thereby the original
Design of Instituting Inns and Taverns for the accommodation
of Travellers is in a great Measure defeated,

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 every Person who
shall after the first Day of May next keep any Public Inn op
Tavern in either of the Counties of Albany, Tryon, Dutchess,
Ulster, Orange West Chester, Richmond Kings, or Queens, shall
keep three good spare Beds, two of which to be Feather Beds,
with good and sufficient sheeting and Covering for such Beds
respectively, and good and sufficient Stabling and Provender
of Hay in the Winter, and Hay or Pasturage in the Summer,
and Grain for six Horses or other Cattle, for the accommodation
of Travellers their Horses and Cattle, upon Pain of forfeiting
for every Offence the Sum of twenty Shillings to be sued for
and recovered by Action of Debt in a summary way with Costs
of Suit before any Justice of the Peace of the County where
such Offence shall be committed, one half of such Forfeiture
to be applied to the use of the person so suing for and recover-
ing the same, and the other half thereof, to be paid into the
Hands of the Overseers of the Poor in such Town, Manor, Pre-
cinct or District where the Offence shall have been committed,
to be applied to the Maintenance of the Poor thereof.

PROVIDED ALWAYS, AND IT IS HEREBY FURTHER
ENACTED, That Whereas in some Parts of the aforesaid
Counties, so little Resort is had to some Inns and Taverns as
would make the last mentioned Regulations burthensome, and
yet it being necessary, that in those places some sort of Enter-
tainment should be provided, it shall therefore be in the Dis-
cretion of any three Justices of the Peace residing in^ or next



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684 LAWS OP THE COLONY OP NEW YORK.

adjacent to the said Town, Manor, Precinct or District, to ex-
empt by writing under their Hands and Seals, one or more
Innholders or TaTern-keepers in every such Town, Manor, Pre-
cinct or District from being subject to the Regulations pre-
scribed in and by the foregoing Clause any Thing therein con-
tained to the contrary notwithstanding.

AND WHEREAS by two Acts of the Legislature of this Col-
ony heretofore passed it is enacted, That if any Tavemkeeper
or Innholder shall sell any Spirituous Liquor to any Apprentice,
Servant, or Negro or other Slave without the Consent of his,
her or their Master or Mistress, every such person op persons
so offending shall forfeit forty Shillings: which Porfeiture being
conceived insuflBicient; in order therefore more effectually to pre-
vent 80 pernicious a practice.

BE IT FURTHER ENACTED by the Authority aforesaid,
That if any Inn-holder or Tavern-keeper shall after the passing
of this Act, be convicted of Selling Spirituous Liquor of any
Kind, to any Apprentice, Servant, or Negro or other Slave in
either of the aforesaid Counties, contrary to the true Intent and
meaning of the abovementioned Acts, the Licence of every Inn-
holder or Tavern-keeper so offending shall be and is hereby
declared void from the Time of such Conviction, and such Inn-
holder or Tavern-keeper shall be and is hereby declared in-
capable of receiving any further or other Licence for holding a
Public Inn or Tavern for the Space of three Years from the
Time of such Conviction.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That every Inn-holder or Tavern-keeper within the said
Counties shall on or before the first Day of May next after the
passing hereof put up and fix a proper Sign on or adjacent to the
Front of his or their House, with his or their Names at the Foot
thereof, under the Penalty of five Shillings for every Months
neglect thereof.

AND BE IT FURTHER ENACTED by the Authority afon>
said. That the Clerk of each respective Town, Manor, Precinct
and District within the Counties aforesaid shall publickly read
this. Act, at the next annual Town, Manor, Precinct or District
Meeting for which he is Clerk, and so every Year during the
Continuance of this Act.

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



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LAWS OP THE COLONY OP NEW YORK. 585



} [CHAPTER 1625.]

[Chapter 1(125, of Van Scbaack, where the act Is printed In fulL Gbap-
ter 1875 extended to the county of Albany.]

An Act for the Relief of the Poor in the
Oountj of Albany.

[Passed, March 8, 1773.]

BE IT ENACTED by his Excellency the Governor the Council
and the General Assembly and it is hereby enacted by the Au-
thority of the same, That the Act entitled "An Act for the Re-
" lief of the Poor in the Counties of Ulster and Orange and to
"enable the Freeholders and Inhabitants of the several Towns
"and precincts thereof to elect Overseers of the Poor at their
"annual Meetings," passed the thirty first Day of December
one thousand seven hundred and sixty eight; shall be and
hereby is extended to every District in the City and County
of Albany, any Law, Usage or Custom to the contrary thereof
notwithstanding. PROVIDED ALWAYS That Nothing in the
said Act shall be construed to abridge or diminish the Rights
and Privileges of the Corporations of the Reformed Protestant
Dutch Churches in the City of Albany and of the Township of
Schenectady.

[CHAPTER 1626.]

[Chapter 1626, of Van Schaack, where the act Is printed in fuIL See
chapter 1339.]

An Act to revive an Act entitled. "An Act
вАҐ*^o prevent the Destruction of Deer by Blood
" Hounds or Beagles in the Counties of Albany
" Ulster and Orange/'

[Passed, March 8, 1773.]

WHEREAS the Act entitled, "An Act to prevent the De-
" struction of Deer by Blood-Hounds or Beagles in the Counties
" of Albany Ulster and Orange ", passed in the eighth Year of
his present Majesty's Reign, expired by it's own Limitation on
the first Day of January last, and the same having been a
beneficial Law.

BE IT THEREFORE ENACTED by his Excellency the Got-

emor the Council and the General Assembly, and it is hereby

enacted by the Authority of the same, That the said Act enti-

titled, "Ad Aot to prevent the Destruction of Deer by Blood-

74



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586 LAWS OP THE COLONY OF NEW YOBK.

"Hounds or Beagles in the Counties of Albany, Ulster and
" Orange," shall be and hereby is revived, and every Article
Matter and Clause therein contained enacted to be and continue
in full force from the passing hereof until the first Day of Feb-
ruary which will be in the Year of our Lord one thousand seven
hundred and eighty five*

[CHAPTER 1627.] .

[Chapter 1627, of Van Scbaack, where the act Is printed In fnlL Bee
chapter 1534 and chapter 1552.]

An Act to run out the Lines of Division
between the Counties of Albany, Tryon and
Charlotte, and also the Lines of the several Dis-
tricts in the said Counties of Albany and Tryon.

[Passed, March 8, 1773.]

WHEREAS it is necessary that the Lines between the Coun-
ties of Albany Tryon and Charlotte, as they are ascertained by
an Act passed the twelfth Day of March one thousand seven
hundred and seventy two, entitled, "An Act to divide the County
** of Albany into three Counties," should be' run out and marked.

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 Judges of the



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 58 of 92)