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 6 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 6 of 92)
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entered in the Minute Book of thoir Proceedings except
their Accounts.

VII. AND BE IT ENACTED that the Printer shall also bind
up other ten Books of clean Paper, one of them for the use of
each Loan Office about two thirds of the bigness of the Book of
Mortgages for the same County to be delivered as aforesaid with
the Book of Mortgages.

VIII. BE IT ENACTED that therein shall be entered all the
Accounts of the Loan Office; That at the Beginning there shall
hks an Alphabet wherein shall be inserted every Man's Name, and
the Leaf wherein his Account stands, and that this Book be kept
in the fairest and best Method that the Loan Officers can, and it
is to remain in the Custody of him who has the Minutes of the
Mortgages and proceedings.

IX. AND BE IT ENACTED that the Deeds to be granted by
the Loan Officers for any Lands to be sold by them, whereof the
Equity of Redemption is foreclosed shall be in Form following
to wit

THIS INDENTURE made the Tuesday of

in the Year of the Reign of our Sovereign Lord George

the third by the Grace of God of Great Britain France and Ire-
land King Defender of the Faith &c Annoq. Domini one thou-
sand seven hundred and BETWEEN the Loan Offi-
cers of the of of the one Part, and
of the other Part WITNESSETH that the Loan Officers of .
of for and in Consideration of the Sum of to
them in Hand paid whereof they grant the Receipt and discharge
the said his Heirs Executors and Administrators
thereof f oareyer HAVE pursuant to an Act of the General AAsem-



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W LAWS OF THE COLOiJY OF Hh^f YORSL

bly of this Colony intitled, " 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 th«» payment of the Debts of this Colony, and to such Public
*' Exigendies as the Circumstances of this Colony may from Time
" to Time render necessary/' Granted, Bargained, Sold, Released,
Enfeoffed and Confirmed, and by these presents do Grant, Bar-
gain, sell Release Enfeoff and Confirm unto the said
his Heirs and Assigns, all that TOGETHER with all

and all Manner of Woods Underwoods, Trees, Mines, Minerals,
Quarries Ha'wkings, Huntings, Fowlings, Fishings, Fences,
Improvements, Hereditaments and Appurtenances whatsoever to
the same belonging or in any wise appertaining and all the Estate
Bight Title Interest, Claim possession property and Demand
whatsoever of the Loan Offices of of and

their Successors to the above bargained Premises and every Part
thereof.

TO HAVE AND TO HOLD the above bargained premises and
every Part thereof with the Appurtenances to the said
his Heirs and Assigns to the sole aB<2 only proper use Benefit and
Behoof of the said his Heirs and Assigns forever

IN WITNESS Whereof the Loan Officers of the ' of

have hereunto set the Seal of their Corporation
together with their Hands the Day and Year above written.

SEALED and DELIVERED in the presence of-

To which Deed the Loan Officers are to put only one Seal as the
Seal of the Loan Office, ai^d jointly take off the Seal from the
Wax, and all sign their Names.

X. AND BE IT ENACTED that upon every Sale of Lands the
Loan Officers shall fill up one of the loose Sheets of Blank Mort-
gages like to the Original Mortgage and attest the same as a true
Copy under their Hands and the Seal of the Loan Office, and give
it instead of the Original Mortgage for Evidence of the Title of
the Buyer, and the Bond to be entered into by the Loan Officers
shall be in the Form following Vizt

KNOW ALL MEN by these Presents that we are held

and firmly Bound unto our most gracious Sovereign Lord George
the third by the Grace of God of Great Britain France and Ireland
King Defender of the Faith &o in the Bum of to be

paid unto our most gracious sovereign Lord the King and his
Successors, to the which payment well and truly to be made and
done we bind ourselves our Heirs, Executors, and Administra-



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LAWS OF THE COLONY OF NEW YORK. 63

tors, and erery of ns and them jointly and severally firmly by
these Presents sealed with our Seals and dated the Day

of in the Tear of his Majesty's Beign Ajinoq,

Domini one thousand seven hundred and

THE CONDITION of the above Obligation is such that if the
above Bounden shall well and truly perform the

Office and Duty of One of the Loan Officers of the of

and shall demean himself therein without favour Malice
or Partiality then the above Obligation to be void, otherwise to
remain in full Force and Virtue.

SEALED and DELIVERED in the presence of

XI AND BE IT ENACTED and declared that in Case of the
Forfeiture of such Bond as aforesaid the Suit thereon shall be
staid on the Defendant's paying or tendring in Court to pay the
Damages arisen by the Breach of the Condition of the Bond sued,
with the Costs to that Time, and if Judgment be had thereon, a
Jury shall enquire of the Damages according to the Form of the
Statute in that Case made and provided.

XII BE IT ENACTED for the better satisfaction of the Loan
Officers as to the Title and value of what is offered in Mortgage
by Borrowers, the Loan Officers or either of them are hereby
authorized and impowered to examine the Borrower and Wit-
nesses upon Oath, or Affirmation if Quakers, concerning the
same, a brief Minute of which Examinations, and of the Names of
the Persons so examined^ they shall enter into their Minute Book
of proceedings.

(CHAPTER 1425.]

[Chapter 1425 of Yaa Sctiaack, wbere the title only Is printed.]

An Act to impower the Mayor Recorder
and Aldermen of the City of New York, or
the major Part of them to order the raising
a Sum not exceeding sixteen Hundred Pounds
for the uses therein mentioned.

[Passed, January 6, 1770.]
WHEREAS the providing a sufficient Number of Watchmen,
and lighting of Lamps within the City of New York, has not only
been found convenient but also necessary for the safety of it's
Inhabitants and others.

I BE IT THEREFORE ENACTED by his Honor the Lieuten-
ant Governor, the Council, and the General Assembly, and it is
hereby enacted by the Authority of the same, that the Mayor



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6i LAW'S OF THE OOLO:JY OF NEW YORK.

Becorder and Aldermen of tt^e City of New York for the Time
being or the Major Part of them, whereof the Mayor op Recorder
to be one, shall have full power and Authority, and are hereby
fully impowered and authorized on the second Tuesday in this
present Month of January, or within ten Days thereafter to order
the raising a sum not exceeding sixteen hundred Pounds, by a
Tax upon the Estates Real and Personal of all and every the
Freeholders, Freemen, Inhabitants, Residents, and Sojourners
within the City af New York on the South side of Fresh Water
for the payment of so many Watchmen as the Mayor, Aldermen
and Commonalty of the City of New York shall think necessary
for guarding the City and for purchasing Oil, providing Lamps,
and for repairing and attending the Lamps which now are or
hereafter may be erected and add the same sum of sixteen hun-
dred Pounds to the Sum which shall be raised for the Minister
and Poor of the said City, which Tax so to be laid shall be rated
and assessed at the same Time, and by the Vestrymen who shall
rate and assess the Tax for the Minister and Poor of the said
City, and shall be rated together in one Assessment made of the
whole the Vestrymen first taking the Oath prescribed to be
taken in and by an Act intitled, " An Act to enable the Inhabi-
''tants of the City of New York to choose two Vestrymen for
** each respective Ward within the said City," made and passed
In the nineteeneth Year of the Reign of his late Majesty King
George the second and the Tax so to be laid shall be collected
levied and paid at the same Time as the Tax for the Maintenance
of the Minister and Poor of the said City hath been accustomed
into the Hands of the Church Wardens of the said City for the
Time being who. are hereby required and directed to pay the
same into the Hands of the Chamberlain of the said City, to be
by him paid as he shall be directed by Warrant or Warrants of
the said Mayor Aldermen and Commonalty in Common Council
convened for the uses aforesaid.

II AND BE IT FURTHER ENACTED by the ' Authority
aforesaid that over and above the Sum of Sixteen hundred Pounds
to be levied and paid by virtue of this Act the Sum of three Pence
in the Pound as a Reward to the Constables for their Tjouble
shall be assessed levied and paid to the respective Constables
for collecting and paying the same and no more, according to the
true Intent and meaning of this Act, any Thing herein or in
any other Act or Acts contained to the contrary hereof in any
wise notwithstanding. i



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LAWS OF THE COLONY OF NEW YORK. 65

III. AND BE IT FURTHER ENACTED by the Authority
aforesaid that if the said Mayor, Recorder or Aldermen, Church
Wardens, Vestrymen or Constables of the said City of New York
who are hereby authorized impowered and required to take
effectual Care that this Act be executed according to the true
Intent and meaning thereof, or any of them shall deny refuse or
delay to perform execute or comply with all or any of the Powers
Authorities and Duties in this Act given and required to be done
and performed by them or either of them, and thereof shall be
lawfully convicted in any Court of Record in this Colony, he or
they so denying refusing or delaying to perform the Duties as
aforesaid shall suffer such Pains and Penalties by Fine and
Imprisonment as by the discretion of the said Court shall be
adjudged.

IV. AND BE IT FURTHER ENACTED by the Authority
aforesaid that if any Person or Persons shall Willfully Greak or
damage any of the Lamps now erected or hereafter to be erected
within the said City, he she or they so offending shall forfeit the
Sum of twenty Pounds for every Lamp he she or they shall
damage or break as aforesaid to be levied by Warrant or War-
rants under the Hands and Seals of two or more of his Majesty's
Justices of the Peace for the City and County of New York by
distress and Sale of the Offender's Goods and Chattels on due
conviction made upon the Oath of one or more credible Witness
or Witnesses rendering the Overplus if any there be, to the
Owner or Owners, and for want of such distress the Offender or
Offenders shall be imprisoned by Warrant under the Hands and
Seals of the said Justices who are hereby required to issue the
same for the space of three Months unless the said Forfeiture or
Forfeitures be sooner Paid, which Forfeitures shall be applied
towards providing and repairing of Lamps and paying the
Watchmen.

V. AND BE IT FURTHER ENACTED by the Authority
aforesaid that all such Persons as shall be employed to guard the
said City and attend the Lamps shall be under the Direction of
and obey such Orders as they shall from Time to Time receive
from the Mayor, Aldermen a;nd Commonalty of the said City, any
Custom Law or usage to the contrary thereof in any wise
notwithstanding.



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56 LAWS OF THE OOLOilY OF NEW TORE.

[CHAPTER 1426.]
[Chapter 1426 U Van Schaack, where the title only li printed.]

An Act to enable the Mayor Recorder
Aldermen and Commonalty of the City of
Albany for the Time being or the Major part
of' them to order the raising a Sum not
exceeding two hundred and fifty pounds for
the Uses therein mentioned

[Passed, January B, 1770.1
WHEREAS the establishing of a regular well constituted
Night Watch in the City of Albany will tend to the Safety and
preservation of the Inhabitants in their persons and Effects

BE IT THEREFORE ENACTED »y his Honor the Lieutenant
Governor the Council and the General Assembly, and it is hereby
enacted by the Authority of the same that the Mayor, Recorder
Aldermen and Commonalty of the City of Albany for the Time
being or the Major part of them whereof the Mayor or Recorder
to be one shall have full power and Authority and are hereby
fully impowered and authorized at any Time before the last Day
ol February one thousand seven hundred and seventy to order
the raising a Sum not exceeding two hundred and fifty pounds
by a Tax upon the Estates real and personal of all and every
the Freeholders Freemen and Inhabitants Residents and Sojourn-
ers within the City of Albany living within Half a Mile from the
River for the payment of so many Watchmen as the Mayor,
Aldermen and Commonalty of the said City in common Council
convened shall think necessary for guarding the said City which
Tax so to be laid shall be rated and assessed at the same Time
and by the Assessors who shall rate and assess the Tax which
shall be raised by Virtue of an Act of the Governor the Council
and the General Assembly of the Colony of New York entitled,
" An Act for the better explaining and more effectual puting in
" Execution an Act of the General Assembly made in the third
"Year of the Reign of their late Majesties, King William &
" Queen Mary, entitled " An Act for defraying the public and
" necessary Charges throughout this province and for maintain*
" ing the poor and preventing Vagabonds " made and passed the
Nineteenth of June one thousand seven hundred and three the
Assessors first taking the Oath prescribed to be taken by the last



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LAWS OF THE COLONY OF NEW YOEIL 67

mentioned Act and the Tax so to be laid eliall be collected levied
and paid by the same Collector and at the same Time as the Tax
raised by Virtue of the Act aforesaid hath been accustomed and
shall be paid into the Hands of the Chamberlain of the said City
to be by him paid as he shall be directed by Warrant or War-
rants of the said Mayor Recorder Aldermen and Commonalty in
common Council convened for the Uses aforesaid

AND BE IT FURTHEB ENACTED by the Authority afore-
said that the Collector shall retain in his Hands three pence in
the pound of ev,ery pound sn raised by Virtue of this Act as a
JSeward for his Trouble in collecting and paying the same and
no more

AND BE IT FURTHER ENACTED by the Authority afore-
said that if the said Mayor, Recorder Aldermen & Commonalty,
Assessors or Collectors of the said City of Albany who are
hereby authorized impowered and required to take eiicctual Care
that this Act be executed according to the true intent and Mean-
ing thereof, or any of them shall deny refuse or delay to per-
form execute or comply with all or any of the powers Authorities
and Duties in this Act given and required to be done and per-
formed by them or either of them and thereof shall be lawfully
convicted in any Court of Record in this Colony he or they so
denying refusing or delaying to perform the Duties as aforesaid,
shall suffer such pains and penalties by Fine and Imprisonment
as by the Discretion of the said Court shall be adjudged.

AND BE IT FURTHER ENACTED by the Authority afore-
said that if any person or persons shall neglect oc refuse to pay
the several Rates and Assessments wherewith he ar they shall be
charged by this Act for or in respect of his and their Goods and
Chattels Lands or Tenements upon Demand of the Collector
appointed to receive the same that then it shall and may be law-
ful to and for such Collector and he is hereby required for non
payment thereof by Warrant under the Hand of the Mayor
Recorder Aldermen and Common Council of the said City for the
Time being, or the Major part of them to dist«*in the person or
persons so refusing or neglecting to pay by his or their Goods or
Chattels or distrain in and upon the Messuages, Lands and Tene-
ments BO charged and the Goods and Chattels then and there
found and the Distress so taken to carry away and the same to
expose to Sale within the said City for the payment of the said
Bate or Asse^ment; and the Overplus coming by the said Bale^
8



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68 LAWS OF THE COLONY OF NEW YORIL

If any be over an3 above the Chafes of taking and carrying
away the said Distress to be immediately returned to the Owner
thereof

AND BE IT FURTHER ENACTED by the Authority aforr-
said that all such persons as shall be employed to guard the said
City shall be under the Direction of, and Obey such Orders as
they shall from Time to Time receive from the Mayor Aldermen
and Commonalty in Common Council convened any Custom Law
or Usage to the Contrary in anywise Notwithstanding

(CHAPTER 1427.]

[Chapter 1427 of Van Schaack, where the title only Is printf^.?

An Act for the P*iyment of the Salaries
of the Several Officers of this Colony, and
other Purposes therein mentioned

[Passed, January 27, 1770.)

BE IT ENACTED by Ws Honor the Lieutenant Governor the
Council and the General Assembly, and it is hereby enacted by
the Authority 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 Vizt. An Act
iiititled. "An Act further to continue an Act intitled an Act
'^ for granting to his Majesty the several Duties and Impositions
** on Goods Wares or Merchandizes imported into this Colony
"therein mentioned." An Act intitled "An Act for collecting
"the Duty of Excise on Strong Liquors retailed in this Colony
" from the first Day of January one thoueand seven hundred and
" seventy, to the first Day of January one thousand seven and
" seventy one 'inclusive." and an Act intitled. " An Act for regu-
" lating the Sale of Goods to be sold at Public Vendue Auction or
" Outcry within this Colony," and out of the Monies which may
arise by virtue of a Bill passed this House intitled. " An Act to
" restrain Hawkers and Pedlars from selling without Licence "
when the same shall pass into a Law, to pay.

UNTO the Executors or Administrirtors of his late Excellency
Sir Henry Moore Baronet for administring the Government of
this Colony from the first Day of September one thousand seven
hundred and sixty nine, to the eleventh Day of said Month after
the Rate of two thousand Pounds per Annum, the sum of sixty
Pounds five Shillings and three Pence three Farthings,

UNTO the Executors or Administrators of his said late Excel-
lency for Firewood and Candles for his Majesty's Fort George



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LAWS OF THE OOLOJSY OF NEW YORK. 69

In the City of New York from and to the Time -aforesaid after the
Hate of four hundred Pounds per Annum the sum of twelve
Pounds three Shillmgs and one penny.

UNTO his Honor the Lieutenant Governor for his Aflminis-
tring the Oovemment of this Colony from the twelfth Day of
September one thousand seven hundred and sixty nine to the
first Day of September which will be in the year one thousand
seven hundred and seventy after the Bate of two thousand
Pounds i)er Annum.

UNTO his said Honor for proTidIng PireWood and Candles for
his Majesty's Fort George in the City of New York from the
twelfth Day of September one thousand seven hundred and sixty
nine^ to the first Day of September one thousand seven hundred
and seventy after the Rate of four hundred Pounds per annum.

UNTO the Honorable Daniel Horsemanden Esquire as Chief
Justice of the Supreme Court of this Colony and for going the
Circuits from the first Day of September one thousand seven
hundred and sixty nine to the first Day of September one thou-
sand seven hundred and seventy, after the Rate of three hundred
Pounds per annunu

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 the sixteenth Day of December one thou-
sand seven hundred and sixty nine to the first Day of September
one thousand seven hundred and seventy after the Rate of two
hundred Pounds per annum.

UNTO the Executors of the late Honorable William Smith
Esquire third Justice of the Supreme Court of this Colony, and
for his going the Circuits from the first Day of September one
thousand seven hundred and sixty nine to the twenty second Day
of November following after the Rate of two hundred Pounds
per Annum.

UNTO the Secretary of this Colony for the Time being for
engrossing and enrolling the Acts of the General Assembly from



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60 LAWS OF THE COLONY OF KEW YORK.

the first Day of September one thousand seven hundred and sixty
nine to the first Day of September one thousand seven hundred
and seventy, after the Rate of thirty Pounds per Annum.

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

UNTO the Door keeper of the Council for the Time being for
his Services in that Station from and to thd Time aforesaid the
Sum of twenty Pounds.

UNTO Hugh Gaine as Public Printer of 4his Colony for his
Services in that Station from and to the Time aforesaid after the
Rate of fifty Pounds per Annum.

UNTO the said Hugh Gaine for extraordinary Services per-
formed by him the Sum of Seventy five Pounds.

UNTO John Kipp as Ganger of Liquors subject to a Duty
within this Colony or to the Ganger thereof for the Time being
from and to the Time aforesaid after the Rate of thirty Pounds
per Annum.

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 and to the Time aforesaid after the
Rate of fifty Pounds per Annum to each of them.

ALL which aforesaid Several Sums of Money shall be paid by
the Treasurer on Warrant or Warrants to be Issued by his Honor
the Lieutenant Governor or the Commander in Chief for the Time
being by and with the Advice and Consent of his Majesty's Coun-
cil of this Colony and the Receipts of the several Persons
indorsed on the said Warrants shall be to the Treasurer good
Vouchers and Discharges for so much as shall be thereby
acknowledged to be received.

AND BE IT ENACTED by the Authority aforesaid that the
Treasurer shall be and hereby is directed and required out of
the Funds aforesaid to pay the several Allowances following,
to wit

UNTO Abraham Lott Esquire Treasurer of this Colony fop his
Services in that station from the first Day of September one thou-
sand seven hundred and sixty nine, to the first Day of September
one thousand seven hundred and seventy, after the Rate of two
hundred Pounds per Annum.

UNTO the said Treasurer for the Extraordinary Services
which he is now obliged to perform beyond the usual Duty of his
Office after the Rate of the further Sum of one hundred Pounds.



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LAWS OF THE COLOKJ OP NEW YORK. 61

^ tJNTO Robert CJharlea Esquire Agent of this Colony, op to the
Agent for the Time being in Great Britain from the first Day of
Beptember, one thousand seven hundred and sixty nine, to the
first Day of September one thousand seven hundred and seventy
after the Rate of five hundred Pounds per Annum.

UNTO John Tabor Kemp Esquire for Extraordinary Services
performed by him as Attorney General of this Colony from and
to the Time aforesaid after the Rate of one hundred and fifty.
Pounds per Annum.

UNTO Edmond Seaman Esquire as Clerk to the General
Assembly for his Services in that Station from the first Day of
September one thousand seven hundred and sixty nine to the
fixst Day of September one thousand seven hundred and seventy^
twenty Shillings per Diem payable upon a Certificate from thi^
General Assembly signed by the Speaker for the Number of Days
he has or may serve the General Assembly.

UNTO the said E Jmond Seaman for sundry Disbursements by|
him made for the use of the General Assembly the Sum of twenty
five Pounds ten shillings.

UNTO Gerard Bancker as Assistant Clerk to the General
Assembly for his Services in that Station from the eighteenth
Day of April one thousand seven hundred and sixty nine to the
first Day of September one thousand seven hundred and seventy^
twenty Shillings per Diem, payable upon a Certificate from the
General Assembly signed by the Speaker for the Number of Days
he has ojr iiiay serve the General Assembly.

UNTO Alexander Lamb Door keeper of the General Assembly
for his Services in that Station from the first Day of September
one thousand seven hundred and sixty nine to the first Day of



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 6 of 92)