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 68 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 68 of 92)
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every Freeholder or Housekeeper dwelling and residing in any
of the said Townships or Tracts of Land called Brattleborough,
New Marlborough, Whiting, Draper, Readesborough, New Stam-
ford, and Pownal shall by himself or by some able suflBeient Per-
son in his Room and stead work so long Time as the Commis-
sioners herein after named or any two of them shall judge necea*
sary not exceeding three Days in every Year on the said Road
last mentioned where the same passes through the Township or
District in which such Freeholders or Housekeepers respectively
dwell, and that the respective Overseers of Highways within the
respective Towns and Districts above mentioned do warn and
call out the Inhabitants hereby made liable to work on the said
Road to perform the Work and Labour hereby enjoined, and
that every Person refusing or neglecting his Duty in the Prem-
ises shall be liable to the like Forfeitures as other Persons in
like Cases are made liable to by this Act, to be sued for, recov-



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LAWS OF THE COLONY OF NEW YORK. 677

cred, levied and applied as in such Cases respectively by tliia
Act is declared and enacted.

And be it further Enacted hy the Authority aforesaid^ That
the Work and Labour above directed to be done and performed
on the Road leading from Brattleborough towards Albany,
shall be done and performed on the same as it is now laid
out, unless the same Road shall be altered by the. Commis-
sioners herein after named or any two of them. And that
Samuel Anderson of the Coanty of Albany and John
Houghton and Malachi Church of the Township of Brattle-
borough in Cumberland County are hereby appointed Commis-
sioners from Time to Time to inspect and view the said Road,
and to make such Alterations in the Place or Places where the
same is or shall be run or made, as they or any two of them
shall think best, and most advantageous for the general Interest
and Benefit of all the Inhabitants, each of which said Commis-
sioners shall be, and hereby are entitled to the Sum of eight
Shillings for each Day he or they shall be actually employed in
the Service aforesaid; the Number of Days to be ascertained by
the Oath of the said Commissioners respectively and the Sum
which shall be due and owing to them and each of them respec-
tively shall be raised levied and collected in the same Manner
as the contingent Charges in the said Counties of Albany and
Cumberland are directed to be raised and levied.

And to prevent Idleness and Negligence which too frequently
prevail in the Discharge or the necessary Services on the High-
ways, Be it Enacted hy the Authority aforesaidj That Eight
Hours actual Labour and not less shall be computed and ac-
cepted for a Days Work and the Surveyors or Overseers of the
Highways in each respective Township or District shall and
are hereby respectively required to keep an Account according
to the best of their Judgment of the Hours that each Person
under their respective superintendence on whom the Duty of
working on the Highways is enjoined, shall refuse or neglect
to work of the Time required of him by this Act to work in
each Day and for every such Hours Neglect or Refusal each
such Person having been duly summoned shall forfeit the «(um
of one Shilling, to be levied by Distress and Sale of the Default-
ers Goods and Chattels, which Distress and Sale shall be made
by Warrant under the Hand and Seal of such Surveyor or Over-
seer of the Highways and directed to the nearest Constable,
who is hereby required to execute the same and pay such For-
feiture to the Overseer who issued such Warrant



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678 LAWS OF THE COLONY OF NEW YORK.

i ' il«3 to facilitate the raising the County Charges in the said
County of Cumberland, and more fully to carry into execution,
the good Purposes intended by this Act, Be it Enacted by the
^Authority aforesaidy That in Case the Freeholders and Inhabit-
ants of any Township or District in the said County shall neg-
lect to elect and choose a Supervisor Assessors or Collectors or
either of them at the Time or Times when the Same respectively
ought to have been chosen in such Township or District; That
the Justices of the Peace of the said County at their next Court
of General Sessions of the Peace after such Neglect shall have
happened, or the major Part of them at such Court are hereby
authorized impowered and required from Time to Time under
their Hands and Seals to nominate and appoint a Supervisor
Assessors and Collectors or either of them that shall have been
omitted to be chosen or refuse to act, in the Room and stead of
such so omitted to be chosen or refusing to act, who shall be
Supervisor or Assessors or Collectors according to his or their
Appointment to all Intents and Purposes, with the like Powers
and subject to the same Rules Pains Forfeitures and Penalties
as any Supervisor Assessor or Collector chosen and elected by
virtue of any of the Laws of this Colony; and any Assessor
elected by the Freeholders or Inhabitants of any Township or
District in the said County or so appointed as aforesaid by the
said Justices at any Court of General Sessions of the Peace who
shall refuse or neglect to do the Duty of his OlBce, shall be
subject to the Penalty of ten Pounds to be sued for levied and
recovered in like Manner as the other Penalties and Forfeitures
mentioned in this Act, and directed to be sued for and recov-
ered, and to be applied by order of the Court of General Ses-
sions of the Peace to make mend or repair the Highways in the
said County in such Place and Manner as the said Court of Gen-
eral Sessions of the Peace shall order and direct.

And be it Enacted by the Authority aforesaid. That the Super-
visors of the said County of Cumberland shall meet annually at
the County Town of the said County on the second Tuesday in
June, and afterwards for that Year at such Time and Place as
they or the major Part of them shall agree upon, and that the
Supervisors so met at any one Meeting or a Majority of them
shall and may proceed to fix the Proportion of the contingent
Charges of the said County to be raised and levied in each Par-
ticular Township or District of the said County and to do all
Matters and Things to be done by the Supervisors of the said
County as fully and perfectly as if a Majority of all the Super-



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LAWS OF THE COLONY OF NEW YORK. 67a

visors of the said County were present any Law, usage or Cus-
tom to the contrary notwithstanding.

And be it Enacted by the Authority aforesaid^ That when and
as often as any of the Penalties or Forfeitures of the Sum of ten
Pounds each in this Act mentioned shall have accrued by reason
of the Neglect or refusal of any Person or Persons to perform the
Duty or Service on him or them thereby enjoined. And also,
That when and as often as any Colle'^'or shall by the Space of
ten Days retain any Monies raised and levied or to be raised and
levied by Tax on the Inhabitants of any Township or District in
the said County of Cumberland having been first requested to
pay the same to the Treasurer of the said County- by the Sherif of
the said County or any one of his Deputies at the request of any
Justice of the Peace in the said County, that each of the Sums so
forfeited as aforesaid or any Sum or Sums of Money so detained
by such Collector or Collectors as aforesaid shall be sued for and
recovered with Costs of Suit by Action of Deb* Bill Plaint Infor-
mation or otherwise in the Inferior Court of Common Pleas of
the said County, and in the Name of the County Treasurer of the
said County for the Time being, who is hereby required and au-
thorized to prosecute for the same, such Forfeiture or Forfeitures
to be applied in such Place, and in such Manner as the Court of
General Sessions of the Peace of the said County shall direct for
the better laying out clearing and repairing the Public High-
ways of the said County, and such Sum or Sums of Money re-
tained by any Collector or Collectors as aforesaid when recov-
ered, to be applied for the use or uses for which the same were
laid as a Tax or levied in the said County, and in any such Suit
or Suits to be commenced by the Treasurer of the said County no
Essoin Protection or Wager of Law, and no more than one Im-
perlance shall be allowed. This Act to continue of force from
the passing thereof until the first Day of March one thousand
seven hundred and seventy seven.

[CHAPTER 1G75.
[See chapter 924.]

An Act to amend an Act entitled "An Act
to prevent Damages by Swine in the Manor of
Livingston/'

[Passed, March 9, 1774.]

Whereas the Act aforesaid, which was passed in the twenty
sixth Year of the Reign of his late Majesty King George the



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68Q LAWS OF THE COLONY OF NEW YORK.

second, and which is since continued to the twentieth Day of
October in the Year of our Lord one thousand seven hundred
and eighty, is found insufficient to answer the Purposes thereby
intended,

Be it therefore Enacted hy his Excellency the Oovemor, the
Council and the General Assembly and it is hereby Enacted by
the Authority of the samCy That all such Swine as by the said A«t
might have been impounded, which shall hereafter be found
running at large unyoked and unringed may lawfully be killed:
and if any Dispute shall arise concerning the same; it shall be
finally settled and determined in the Manner prescribed by the
said Act for settling the Damages sustained by the Trespasses
therein mentioned.

[CHAPTER 1676.1

An Act for the Payment of the Salaries
of the several Officers of this Colony and other
Purposes therein mentioned.

[Passed* March 19, 1774.1

Be it Enacted by his Excellencij the Governor the Council and
the General Assembly and it is hereby Enacted by the Authority
of the samcj That the Treasurer of this Colony shall and hereby
is directed and required to pay:

Unto his Excellency William Tryon Esquire or the Commander
in Chief for the Time being for Fire Wood and Candles for his
Majesty's Fort George in the City of New York from the first
Day of September one thousand seven hundred and seventy three
to the first Day of September one thousand seven hundred and
seventy four, after the Rate of four hundred Pounds per Annum.

Unto his said Excellency for purchasing Gun Powder for the
use of Fort George and the Battery in the City of New York the
sum of one hundred Pounds.

Unto his said Excellency for Monies paid by him to the Sur-
veyors which have been employed on the Part of this Colony
to run out and mark the Partition Line between this Colony and
the Colony of Quebec as per account the sum of three hundred
and thirty one Pounds three Shillings and Nine Pence.

Unto his said Excellency for his Expences and incidental
Charges on a Journey to Hartford last Spring to meet his Ex-
cellency Governor Hutchinson in order to assent to and confirm
the agreement entered into by the Commissaries appointed by
this Colony and the Province of the Massachusett's Bay for



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LAWS OF THE COLONY OF NEW YORK C81

f
settling the Line of Jurisdiction between the two Governments,
the snm of two hundred and fifteen Pounds sixteen Shillings and
nine Pence three Farthings.

' Unto his said Excellency for Repairs in Fort George and for
four additional Rooms Built at the Battery as per Account the
Sum of seven hundred and five Pounds,

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 hun-
dred and seventy three, to the first Day of September one thou-
sand seven hundred and seventy four after the Rate of three
hundred Pounds per Annum.

Unto the Honorable Robert R. Livingston 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 George D. Ludlow Esquire, one other
Puisne Justice 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 said George D. Ludlow Esquire, as a Compensation in
some Measure for the Loss of his Library lately consumed by
Fire, the Sum of ^ve hundred Pounds.

Unto the Honorable Thomas Jones Esquire the other Puisne
Justice of the Supreme Court of this Colony, and for going the
Circuits from the twenty ninth day of September one thousand
seven hundred and seventy three, to the first Day of September,
one thousand seven hundred and seventy four, after the Rate of
two hundred Pounds per Annum.

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

80



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682 LAWS OF THE COLO^^Y OF NEW YORK.

Unto Richard Morris Esquire for his services for the Year past
In going the Circuits and for attending thereon for the Trial of
Criminals the Sum of one hundred and fifty Pounds.

Unto the Secretary of this Colony for the Time being, for
engrossing and enrolling the Acts of the General Assembly from
the first Day of September one thousand seven hundred and
seventy three to the first day of September one thousand seven
hundred and seventy four, after the Kate of forty Pounds per
'Annum.

Unto the Clerk of the Council for the Time being for his Ser-
vices in that Station from and to the Time aforesaid after the
Bate of thirty Pounds per Annum.

Unto the Doorkeeper of the Council for the Time being for his
Services in that Station from and to the Time aforesaid after the
Rate of thirty Pounds per Annum.

Unto Hugh Gaine for Services performed by him as public
Printer of this Colony (including the Sum of two hundred
Pounds which he received from the said Treasurer pursuant to
a Resolution of the General Assembly of the twentieth Day of
March one thousand seven hundred and seventy two) as per Ac-
count amounting to three hundred and ninety four Pounds.

Unto Thomas Moore and John GriflSths as Gangers of Liquor
subject to a Duty within this Colony, or to the Gangers thereof
for the Time being from and to the Time aforesaid after the Rate
of thirty Pounds per Annum unto each of them.

Unto Thomas Hill and Josias Smith Land and Tide Waiters,
or to the Land and Tide Waiters for the Time being from and to
the Time aforesaid, after the Rate of fifty Pounds per Annum
unto each of them.

All which aforesaid several Sums of Money shall be paid by
the Treasurer on 'Warrants issued by his Excellency the Gov-
ernor or the Commander in Chief for the Time being, by and
with the Advice and Consent of His Majesty's Council of this
Colony, and the Receipts of the several Persons endorsed on
the said W^arrants shall be to the Treasurer good Vouchers and
Discharges for so much as shall be thereby acknowledged to be
received.

And be it furilicr Enacted ly tlie Antliorxty aforesaid^ That
the Treasurer shall and hereby is directed and required to pay
the several Allowances following, to wit:

Unto Abraham Lott Esquire Treasurer of this Colony, or to
the Treasurer for the Time being for his Services in that Station



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LAWS OP THE COLOIS^Y OF ^'EW YORK. GS3

from the first Day of September one thousand seven hundred
and seventy three, to the first Day of September one thousand
seven hundred and seventy four after the rate of two hundred
Pounds per Annum.

Unto the said Treasurer, or to the Treasurer for the Time
being for the extraordinary Services which he is obliged to per-
form beyond the usual Duty of his OflQce, after the Bate of the
further Sum of one hundred Pounds per Annum.

Unto Edmund Burke Esquire Agent of this Colony in Great
Britain or to the Agent for the Time being from and to the Time
aforesaid after the Rate of five hundred Pounds per Annum.

Unto the said Edmund Burke Esquire for the Contingent
Cliarges he has been at the further Sum of one hundred and forty
Pounds: which said Sums shall be paid unto him the said Ed-
mund Burke by an Order of the General Assembly of this Colony
signed by the Speaker for the Time being and not otherwise.

Unto John Tabor Kempe Esquire for extraordinary Services
performed by him as Attorney General of this Colony from and
to the Time aforesaid after the Kate of one hundred and fifty
Pounds per Annum.

Unto Edmund Seaman Esquire as Clerk to the General As-
sembly for his Services in that Station from and to the Time
aforesaid twenty ^'hillings per diem payable upon a Certificate
from the General Assembly signed by the Speaker for the Num-
ber of Days he has or may serve the General Assembly.

Unto the said Edmund Seaman for sundry Disbursements by
him made for the use of the General Assembly the Sum of Forty
six Pounds one Shilling and eight Pence.

Unto Gerard Bancker as Assistant Clerk to the General As-
sembly for his Services in that Station, from and to the Time
aforesaid twenty Shillings per Diem, payable upon a Certificate
from the General Assembly signed by the Speaker for the Num-
ber of Days he has or may serve the General Assembly.

Unto the said Gerard Bancker for his Services as Clerk to the
Commissaries appointed on the Part of this Colony to meet with
the Commissaries of the Province of the Massachusetts Bay in
order to settle a Line of Partition between the two Governments
and Expences, the Sum of forty five Pounds eighteen Shillings
and five Pence.

Unto the said Gerard Bancker for his Services as Surveyor in
running in Part the Line of Partition between this Colony and
the Province of the Massachusetts Bay and Expences, the Sum
of sixty nine Pounds three Shillings and five Pence;



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084 LAWS OF THE COLONY OP NEW YOKE.

Unto Alexander Lamb Door keeper of the General Assemblyj
for his Services in that Station from the first Day of September
one thousand seven hundred and seventy three to the first Day
of September one thousand seven hundred and seventy four six
Shillings per Diem, payable upon a Certificate from the General
Assembly signed by the Speaker for the Number of Days he has
or may serve the General Assembly,

Unto the said Alexander Lamb for providing Fire Wood and
sundry Necessaries for the use of his Majesty's Council and the
General Assembly the Sum of sixty five Pounds. i i i

Unto William Scott Serjeant at Arms for his Services in that
Station from and to the Time aforesaid eight Shillings per Diem,
payable upon a Certificate from the General Assembly signed by
the Speaker for the Number of Days he has or may serve the
General Assembly.

! Unto John Martin as Gunner and keeper of the Colony Stores,
for his Services in that Station, from and to the Time aforesaid,
after the Rate of twenty Pounds per Annum.
I Unto the Honourable John Watts Esquire one of the Commis-
saries appointed on the Part of this Colony to meet with the
Commissaries of the Massachusett's Bay in order to settle a Line
of Partition between the two Governments, the Sum of fifty six
Pounds thirteen Shillings and three Pence.
I Unto the Honourable William Smith Esquire one other of the
Commissaries appointed on the Part of this Colony for the Pur-
pose aforesaid and other Services the Sum of sixty seven Pounds
fifteen Shillings and three Pence.

Unto the Honourable Robert R. Livingston Esquire one otheB
of the Cpmmissaries appointed on the Part of this Colony for
the purpose aforesaid the Sum of fifty six Pounds thirteen Shil^
lings and three Pence.

. Unto William Nicoll Esquire the other Commissary appointed
on the Part of this Colony for the Purpose aforesaid the Sum of
fifty six Pounds thirteen Shillings and three Pence,

Unto the said William Nicoll Esquire appointed to superintend
the running out and marking the said Line of Partition, for his
attending that Service and Expences, the Sum of one hundred
and twenty five Pounds nine Shillings and ten Pence.
' Unto Robert Yates Surveyor, employed by the Commissaries
above named for traversing Hudson's River, and running
two Lines; the one from the North West Corner of the
Province of the Massachusetts's Bay to Hudson's Biver^ the other



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LAWS OP THE COLONY OP NEWj YORK. C85

from the North West Corner of the Oblong to the said River, in
eluding the Sum of fifty Pounds voted for that Service at the last
Session of the General Assembly, the Sunj of ninety three Pounds
tour Shillings and six Pence.

Unto Mary Valentine, Relict and Executrix of Thomas Valen-
tine Surveyor deceased, in full for his Services and Expencea
In running in Part the Partition Line between this Colony and
the Colony of Quebec, the Sum of three hundred Pounds.

Unto Claude J. Sauthier Surveyor, for the Ballance of his Ac-
count of Days Wages and Expences in running and marking
Part of the Line of Partition between this Colony and the Colony
of Quebec the Sum of seventy seven Pounds four Shillings.

Unto John Collins of Quebec Surveyor, a Ballance due to him,
aR per his Account of Expences accrued in running the Quebec
Line the Sum of seven Pounds thirteen Shillings and six Pence,

Unto Jacob Walton Esquire for Monies advanced by him for
carting of Stone for flaging the Battery, the Sum of eight Pounds
one Shilling.

Unto James Hallet for Wheel Barrows for the use of the
Battery the Sum of Six Pounds.

Unto Anthony Van Dam for a Flag for his Majesty's Fort
George, and Repairs, the Sum of thirty one Pounds sixteen
Shillings and six Pence.

•Unto John Zunicher and George Lindsay for Stone for flap:ing
the Battery the Sum of elei^en Pounds seventeen Shillings and
nine Pence.

Unto William Winterfon for his Account of Mason's Work
done on the Battery the Sum of fourteen Pounds nineteen Shil-
lings and nine Pence.

And be it further Enaeted hj the 'Authority aforesaid. Thai
for answering the Expences of Contingencies and extraordinary
Emergencies that have or may happen for the Services of this
Colony, from the first Day of September one thousand seven
hundred and seventy three to the first Day of September one
thousand seven hundred and seventy four, Warrants may issue
for the same on the Treasurer from Time to Time if drawn by
his Excellency the Governor or Commander in Chief for the
Time being, with the Advice and Consent of his Majesty's (Coun-
cil, which the Treasurer is hereby ordered and directed to puy,
provided the Amount of the said Warrants does not exceed the
Sum of one hundred Pounds during that Time.

All which aforesaid several Sums shall be paid by the Tr«?a8-
urer out of the Monies arisen or which may arise by virtue of



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68G LAWS OF THE COLONY OF NEW YORK.

the Act entitled, "An Act further to continue an Act entitled
An Act for granting to his Majesty the several Duties and Im-
positions on Goods Wares and Merchandizes imported into this
Colony therein mentioned.'' The Act entitled "An Act to regu-
late the Sale of Goods at Public Vendue Auction or Outcry
within this Colony," and the Act entitled "An Act to revive an
Act entitled An Act to restrain Hawkers and Pedlars within
this Colony from selling without Licence with an Addition
thereto." And the Treasurer is hereby directed to repay him-
■elf the Sum of thirty Pounds which he has paid to Robert
McGinnis; out of the aforesaid several Acts.

And be it further Enacted by tlie Authority aforesaid^ That
the said Treasurer shall, and hereby is directed and required
out of the Ballance due to the Colony on the Act entitled "An
Act for emitting Bills of Credit to the Amount of one hundred
and fifty thousand Pounds to enable his Majesty's General to
pay the Debts contracted, and to carry on his Majesty's Service
in North America, and for sinking the same in twelve Months,"
to pay to John Duncan Esquire as a Compensation for a Ia)ss
he sustained on Lake Ontario, of so much of the Bills of Credit
of this Colony, emitted by virtue of the last recited Act, the Sum



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 68 of 92)