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 69 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 69 of 92)
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of sixty Pounds.

And be it further Enacted by the Authority aforesaid^ That
the said Treasurer shall, and hereby is directed and required out
of the Interest arising or that may arise by virtue of an Act
of this Colony entitled "An Act for emitting the Sum of one
hundred and twenty thousand Pounds in Bills of Credit to be
put out on Loan, and to appropriate the Interest arising thereon
to the Payment of the Debts of this Colony, and to such Public
Exigencies as the Circumstances of this Colony may from Time
to Time render necessary," to pay unto Hugh Gaine for printing
the Devices intended to be pasted on the Backs of the Bills
emitted in virtue of the aforesaid Act as per Account the Sum
of two hundred and twelve Pounds.

And the Treasurer is hereby directed to repay himself out of
the last recited Act, the Sum of forty two Pounds, which he has
paid to Henry Dawkins for engraving and cleaning seven Plates
to print the Devices intended to be pasted on the Backs of the
Bills emitted by virtue of said Act

And be it Enacted by the Authority aforesaid That the Treas-
urer shall and hereby is directed and required to keep exact
£ook8 of the several Payments which he is directed to make by



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LAWS OF THE COLONY OF NEW YORK. 687

this Act, and shall render true and distinct Accounts thereof
•upon Oath, to his Excellency the Governor or Commander in
Chief for the Time being, the Council or the General Assembly
when by them or any of them he shall be thereunto required.

j [CHAPTER 1677.]

I [See chapter 045.]

An Act for the more effectual Registry of
Mortgages and for securing the Purchasers of
Mortgaged Estates.

[Passed, March 19, 1774.1

Whereas an Act passed in this Colony on the twelfth day of
December one thousand seven hundred and fifty three for regis-
tring Mortgages tends to Prevent Fraud; But with Intention to
elude the same, absolute Conveyances of real Estates are now
made and conditional Defeazances given instead of Mortgages
in common Form.

Be it therefore Enacted hy Ids Excellency tlie Governor the
Council and the General Asseinhhjy and it is hereby Enacted by
the Authority of the same that every Deed conveying a real Es-
tate made after the first day of June next which shall appear
by any other Instrument or Writing to have been intended only
as a Security in the Kature of a Mortgage tho' it be an absolute
Conveyance in Terms shall be considered as a Mortgage and be
deemed and adjudged to be liable to be registered as other Mort-
gages are by Virtue of the said Act. And that the Person or
Persons for whose Benefit such Deed shall be made shall not
have the Advantages given by the said Act to Mortgagees unless
every Instrument and Writing operating as a Defeazance of the
same or explanatory of its being designed to have the Effect only
of a Mortgage or Conditional Deed be also therewith registred
in Substance as in Case of Mortgage.

And Whereas many real Estates are held under Sales made by
Mortgagees who were authorized by the Mortgagor to make Con-
veyance of the same in Fee for the Payment of the Debt or De-
mand secured by the Mortgage and to return the Surplus of the
Purchase Money to the Mortgagor, and as many Inconveniences
may arise, if such Estates should be redeemable in Equity,
vexatious Suits be promoted and bona Fide Purchasers ruined.

Be it therefore further Enacted by the same Authority that
no good and bona Fide Sale of Lands Tenements or Hereditaments



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683 LAWS OF iJIE COLONY OF NEW YORK.

made or to be made by Mortgagees or others authorized thereunto
by special Power for that Purpose in due form of Law from Mm
or them who had the Equity of Redemption shall be defeated to
the Prejudice of the bona Fide Purchaser thereof in Favor or
for the Advantage of any Person or Persons claiming a Right of
Redemption in Equity.

Provided always that Nothing in this Act contained shall be
construed to prejudice any other Mortgagee of the same Lands
Tenements and Hereditaments or any Part thereof whose Title
accrued prior to such bona Fide Sale or any Creditor to whom the
Mortgaged Premises or any part thereof was before bound by
any Judgment at Law or Decree in Equity,

And to prevent fraudulent Advantages from being taken to
the Prejudice of young and extravagant Persons.

Be it also Enacted by the same Authority that nothing in this
Act contained shall operate for the Security of any Purchaser
in Fee under a Power hereafter to be executed for that Purpose
to the Mortgagee unless the Person giving such Power be of the
Age of at least twenty-five years: And all Powers to Mortgagees
now or hereafter to be made for making Sales in Fee shall be
acknowledged or proved and recorded as other Deeds usually are
before the Conveyances for the Sale be executed, and every such
Sale shall be at public Auction or Vendue, of which said Auction
OP Vendue public Notice shall be given by Advertisements, one
Copy thereof to be inserted for six Months previous thereto in
one of the public News Papers in this Colony and the other to be
fixed up on the outward Door of the Court House of that County
where the Mortgaged Premisses or the greater Part of them lay.

And be it further Enacted by the same Authority that every
Mortgage hereafter to be executed shall have Priority and the
Benefits thereof given by the Act abovementioned according
to the Time of the actual Registry thereof And such Priority and
the Benefits thereof shall extend to all future Mortgages of the
same real Estates or Parts thereof whether made by the same
or different Persons Except as to such Lands and Tenements
which lay in the remote Counties of Albany, Tryon, Charlotte,
Cumberland or Gloucester with Respect to which all Mortgages
upon Lands and Tenements therein respectively contained
whether of the same real Estates or Parts thereof or by the same
OP different Persons shall not have such Priority and the Benefits
thereof from the Registry of such Mortgage but only from the
Time of the actual Execution thereof if the same be registred



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LAWS OF THE COLONY OP NEW YORK. 689

wltWn four Weeks after snch Execution, and no Instrument or
Writing in the Nature of a Mortgage of any kind whatsoever
hereafter to be made or executed shall in any manner defeat
prejudice or Affect the Title or Interest of any bona Fide Pur-
chaser of Lands Tenements or Hereditaments unless the same
shall have been duly registred according to this and the other
Act of this Colony herein before mentioned any Thing in this
and the above mentioned Act to the Contrary notwithstanding.

[CHAPTER 1678.]

An Act for the Amendment of the Law for
prevention of Frauds and Perjuries.

[Passed, March 19, 1774.]

Whereas the Statute for the Prevention of Frauds and Per-
juries hath been received by Usage as Law in this Colony, and
amended by a subsequent Statute passed after the Establish-
ment of a Legislature within this Colony.

Be it therefore Enacted by the Governor ^ the Council, and
the General Asaembltfj and it is hereby enacted by the Authority
of the samCj That all Declarations or Creations of Uses, Fines
OP Confidences of any Fines or common Recoveries of any Lands,
Tenements or Hereditaments, manifested and proved or which
hereafter shall be manifested and proved by any Deed already
made or hereafter to be made by the Party who is by Law en-
abled to declare such Uses or Trusts after the levying or suffer-
ing of any such Fines or Recoveries are and shall be good and
effectual in the Law.

And be it also enacted by the same Authority that all such Wit-
nesses as are and ought to be allowed to be good Witnesses upon
Trials at Law by the Laws and Customs of England and of this
Colony shall be deemed good Witnesses to prove any Nuncupa^
tive Will or any Thing relating thereto,

[CHAPTER 1679.]

An Act for the Relief of Parishes and
other Places from such Charges as may arise
from Bastard Children born within the same.

[Passed, March 19, 1774.]

Whebeas the Laws now in being are not suflflcient to provide
for the aecuring and indemnifying Parishes and other PlaceSy
VoL V. 87



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€90 LAWS OF THE COLONY OF NEW YOKE.

from the Great Cliargeg frequently arising from Children be-
gotten and born out of lawful Matrimony, for Remedy thereof

Be it Enacted by his Excellency the Governor , the Council and
the General Assevibly^ and it is hereby Enacted by the Authority
of tlie same. That from and after the passing hereof, if any Single
Woman shall be delivered of a Bastard Child, which shall be
chargeable, or likely to become chargeable to any Parish or Place,
or shall declare herself to be with child, and that such Child is
likely to be born a Bastard, and to be chargeable to any Parish
or Place and shall in either of such Cases, in an Examination
to be taken in Writing upon Oath before any one or more Jus-
tice or Justices of the Peace of any County, City, Borough or
Place, wherein such Parish or Place shall lie, charge any Per-
son with having gotten her with Child, it shall and may be law-
ful to and for such Justice or Justices upon Application made
to him or them by the Overseers of the Poor, of such Parish, or
by any one of them, or by any Substantial Householder of such
Place to issue out his or their Warrant or Warrants for the im-
mediate apprehending such Person so charged as aforesaid, and
for bringing him before such Justice or Justices or before any
other of his Majesty's Justices of the Peace of such County,
City, Borough, Parish or Place, and the Justice or Justices before
whom such Person shall be brought is, and are hereby Author-
ized and required to commit the Person so charged as aforesaid,
to the common Goal or House of Correction of such County,
City, Borough, Parish or Place, unless he shall give Security
to indemnify such County, City, Borough, Parish or Place or
shall enter into a Recognizance with sufficient Surety, upon
Condition to appear at the next General or Quarter Sessions of
the Peace to be holden for such County, City, Manor or Place,
and to Abide and Perform such Order or Orders as shall be made
in Pursuance of an Act passed in the Eighteenth Year of the
Reign of her ^fajesty Queen Elizabeth concerning Bastards be-
gotten and born out of lawful Matrimony,

Provided nevcrtlicJess, And be it Enacted by the Authority
aforesaid, That if the Woman so charging any Person as afore-
said, shall happen to die or be married before she shall be deliv-
ered, or if she shall miscarry of such Child, or shall appear not
to have been with Child at the Time of her Examination, Then
and in any of the said Cases, such Person shall be discharged
from his Recognizance at the next General or Quarter Sessions
of the Peace, to be holden for such County, City, Borough or



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LAWS OF THE COLONY OP NEW TOSK. 691

Place, or Immediately released out of Custody by Warrant under
the Hand and Seal, or Hands and Seals of any one or more
Justice or Justices of the Peace residing in or near the Lipiits
where such Parish or Place shall lie.

Provided alsOj And be it Enacted by the 2.uthority aforesaid^
That upon Application made by any Person who shall be com-
mitted to any Goal or House of Correction by Virtue of thia
Act, or by any Person on his Behalf to any Justice or Justices
residing in or near the Limits where such Parish or Place shall
lie, such Justice or Justices is and are hereby authorized and
required to Summon the Overseer or Overseers of the Poor of
such Parish or one or more of the Substantial Householders
of such Place to appear before him or them at a Time and
Place to be mentioned in such Summons to shew Cause why
such Person should not be discharged and if no Order shall
appear to have been made in Pursuance of the said Act of the
Eighteenth Year of the Reign of her Majesty Queen Elizabeth
within six Weeks after such Woman shall have been delivered,
such Justice or Justices shall and may discharge him from his
Imprisonment, in such Goal or House of Correction, to which
he shall have been committed.

Provided alwaySy And be it further Enacted by the Authority
aforesaid^ That it shall not be lawful for any Justice or Justices
of the Peace to send for any Woman whatsoever, before she
shall be delivered and one Month after, in order to her being
examined concerning her Pregnancy or supposed Pregnancy or
to compel any woman before she shall be delivered to Answer
to any Questions relating to her Pregnancy any Law, Usage op
Custom to the contrary notwithstanding.

And Whereas the putative Fathers and lewd Mothers of
Bastard Children run away out of the Parish or Place and some-
times out of the County, and leave the said Bastard Children
upon the Charge of the Parish or Place where they are born,
although such putative Father and Mother have Estates suflScient
to discharge such Parish or Place Be it therefore Enacted by the
Authority aforesQ^id, that it shall and may be lawful for the
Church Wardens or Overseers of the Poor of such County, City^
Manor, Parish or Place where any Bastard child shall be born^
to take and seize so much of the Goods and Chattels and to
receive so much of the Annual Rents or Profits of the Lands of
such putative Father or lewd Mother, as shall be ordered by
any two Justices of the Peace, for or towards the Discharge



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C92 LAWS OP THE COLONY OF NEW YOKE.

of the Parish or Place to be confirmed at the Sessions for the
bringing up and providing for such Bastard Child, and there-
upon it shall be lawful for the Sessions to make an Order for
the Church Wardens or Overseers for the Poor of such Parish
or Place to dispose of the Goods by Sale or otherwise or so much
of them for the Purposes aforesaid as the Court shall think fit,
and to receive the Rents and Profits, or so much of them as shall
be Ordered by the Sessions as aforesaid of his cr her Lands.

[CHAPTER 1C80.]
[See chapters 488, 535. Expired, January SI, 1778.]

[A.n Act to Amend an Act entitled an Set
to impower the Justices of the Peace of the
County of Albany living or Dwelling In the
Township of Schenectady in the said County to
Regulate the Streets and Highways and to pre-
vent Accidents by Fire in the said Town.

[Passed, March ld» 1774]

Whereas by an Act of the Legislature passed the Eleventh
Day of November One thousand Seven Hundred and Twenty six
entitled "An Act to Impower the Justices of the Peace of the
County of Albany living or dwelling in the Township of Schenec-
tady in the said County to Regulate the Streets and Highways
and to prevent Accidents by Fire in the said Town," The Inhab-
itants and Freeholders are impowered and directed Annually on
the first Tuesday in April to Elect and Choose by Majority of
Voices, Two able and discreet Persons to be Overseers of the
Chimnies and Ovens. But -there being no Penalty inflicted by
the said Law in Case the said Overseers should Neglect or Re-
fuse to serve; DiflQculties for want thereof have arisen

Be it tliercfore Enacted by his Excellency the Oovernory Hie
Covncil and the General Assemhhjy and it is herchy enacted by the
Authority of the same that every Overseer of Chimnies and Ovens
to be chosen for the future by Virtue of the said Act shall in Case
of any Refusal or Neglect to serve as such Forfeit the Sum of Ten
Pounds to be recovered by Action of Debt in any Court of Record
within the said County, wherein but one Imparlance shall be
allowed, one half of which Forfeiture shall be for the use of the
Person suing for the same, and the other half to the use of the
Poor of the District of Schenectady.

And be it further Enacted by the same Autliority that the Overw
Boers of the Chimnies and Ovens so to be chosen by Virtue of the



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LAWS OP THE COLONY OF NEW YORK. 693

said Act sLall and they are hereby directed and impowered once
in every Fortnight to enter the Houses of the Inhabitants of the
said Town in order to examine and View the Chimnies and Fire
places instead of once in every Month as is by the said Act
directed any Thing therein contained to the contrary notwith-
etiinding

And he it further Enacted bij the Authoritij aforesaid that this
!Act and the Act entitled an x\ct to continue an Act entitled an
Act to revive an Act entitled an Act to impower the Justices of
the Peace of the County of Albany living or Dwelling in
th^ Township of Schenectady in the said County to Regulate the
Streets and Highways and to prevent Accidents by Fire in the
said Town shall continue and be in Force from the Passing hereof
until the First Day of February One Thousand seven Hundred
und Seventy eight.

[CHAPTER 1681.]

[An Act for running out and marking the
Division Line between the Counties of Ul-
ster and Orange, from the East Side of the
Shawangunk Mountains to the Delaware River.

[Passed, Mdrcli 10, 1774. J

(Whereas tlie Line dividing the Counties of Ulster and Orange,
Las never been run and marked farther Westward than to the
East Side of the Shawangunk Mountains, and for want of a Con-
tinuance of that Line to the Delaware River, the Jurisdiction of
those Parts of the said Counties lying West of the said Moun-
tains is uncertain and the Inhabitants thereof are frequently
taxed and compelled to perform Public Duties in both of the said
Counties; To remedy which Evils,

Be it Enacted by his Excellency the Governor the Council and
the General Assembly, and it is hereby enacted by the Authority
of the samCj That the said Line shall be continued run out and
marked as soon as conveniently may be, from the East Side of the
Shawangunk Mountains aforesaid to the Delaware River on a
Course of South eighty nine Degrees and fifty Minutes West, as
the Magnetic Needle now points, by such Person as shall be ap-
pointed for that Purpose by William Allison, John Gale, Jona-
than Smith, Jesse Woodhull and Joseph Watkins Esquires or
liny three of them, which Person shall be sworn to perform the
same truly, agreeable to the Directions of this Act, and the Ex-



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694 LAWS OP THE COLONY OF NEW YORK.

pences attending the same shall be paid by the said Counties
respectively in equal Proportion, and raised as the Contingent
Charges of the said Counties respectively are; and the said Line
so to be run shall be the Line of Jurisdiction between the said
two Counties in such Parts thereof as adjoin the same.

Provided always^ and he it further enacted That Nothing fn
this Act contained shall be construed to affect any Person's Title
Estate or Possession but the same shall remain in the same Con-
dition as if this Act had never uassed.

fCHAPTER 1G82.]

[Expired, Janu&ry 31, 1775.]

An Act for the more equal Taxation of Es-
tates in the County of Orange.

[Passed. March 19, 1774.]

Forasmuch as tne Method heretofore practiced for the Taxa-
tion of Estates in the County of Orange hath not been done in
that due equal and just Proportion as it is conceived it might be,
and as Justice and Equity demand that all the Freeholders and
Inhabitants thereof should be rated and Taxed in due Proportion
to the Estates they enjoy,

Be it t rcfore Enacted by Jiis Excellency the Governor the
Council and the General Assembly, and it is hereby enacted by the
Authority of the same^ That from and after the first Day of April
next, it shall and may be lawful for the Freeholders and Inhabit-
ants of each of the respective Towns and Precincts within the
said County to choose and elect at their annual Meetings a
Person being a Freeholder inhabiting within the said Town or
Precinct for one of the Assessors of the County, which Assessor
80 chosen in each of the Towns or Precincts as aforesaid shall
meet on the second Tuesday of April next at the House of Daniel
Coe in Kakiate in said County, and before they enter on the
Duties of their Office shall take an Oath before any one of his
Majesty's Justices of the Peace for said County to the following
Effect, to wity That they shall and will well truly equally and
impartially according to the best of their Skill knowledge and
Judgment assess the Real Estates (Wood Land only excepted)
and Personal Estates of all the Freeholders and Inhabitants of
the said County as nearly as they can discover the same to be,
within the same County.



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LA Wis OF THE COLONY OF l^EVV. YORK. 695

^And be it further Enacted by the Authority aforesaid^ That
the said Assessors so chosen and qualified shall as soon as they
conveniently can after such Qualification make an Assessment
in the Manner following, to icit, they shall proceed all together
from House to House throughout the said County, till they have
gone through the whole and shall make out a true and exact
List of all the Names of the Freeholders and Inhabitants of the
said County, and against the Names of every such Person, shall
set down the Value of all his or her Estate real and personal as
nigh as they can discover the same to be within the same County
setting down for every hundred Pounds real Value stated as
aforesaid four Pounds, and in that Proportion for a greater or
lesser Sum, which List or Lists the said Assessors shall deliver
to the Supervisors of the said County on or before the first
Tuesday of June then next ensuing.

And he it further Enacted by the same Authority, That the said
Supervisors shall make the Quota of each respective Person or
Persons according to the Total Sum of the List or Lists returned
as aforesaid and not otherwise, and that the Clerk of the Super-
visors shall transcribe the List or Lists and add to each Persons
Rate the Sum or l*roportion such Person is to pay of what the
Supervisors find the said County chargeable with, and when
the said List or Lists are compleated the said Supervisors or the,
greater Number of them are hereby required to issue their War-
rants commanding the Collector or Collectors of each Town or
Precinct to collect and pay the same as by the Warrant shall be
directed.

And be it further Enacted by the Authority aforesaid, That
if any Assessor or Assessors, Collector or Cojlectors chosen and
elected at the annual Town Meetings for choosing of officers
shall either refuse to take the Charge upon him or them, or it
having accepted the same shall neglect his or their duty therein
required, each so refusing or neglecting shall respectively forfeit
the Sum of five Pounds, to be recovered by the Supervisors of
the said County, or any one of them with full Costs of Suit,
before any one of his Majesty's Justices of the Peace for said
County, to be by them applied towards defraying the contingent
Charges of said County.

And be it Enacted by the Authority aforesaid, That the said
Assessors as a Reward for their Trouble shall receive five Shill-
ings per Day, and the same shall be raised levied and paid in
the same Manner as the other Contingent Charges of the said
County are.



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C96 LAWS OP THE COLONY OF JSEW. YOJiK.

And he it further Enacted hy the Authority aforesaid, That
the Act entitled. "An Act for the more equal taxation of Estates
in Orange County " passed the twenty seventh Day of January
one thousand peven hundred and seventy shall be and hereby
is suspended during the continuance of this Act.

And be it Enacted by the same Authority, That this Act shall
be in force from the passing hereof till the first Day of February
which will be in the Year of our Lord one thousand seven hun-
dred and seventy five and no longer..

[CHAPTER 1683.]

[See chapter 1616.]

An Act to amend an Act entitled. "An
Act for the better laying out and keeping in
repair common public and private Highways
in the County of Orange."

[Passed, March 19, 1774.]

"Whereas py the eleventh Section of an Act of this Colony
passed the eighth Day of March one thousand seven hundred
and seventy three entitled. "An Act for the better laying out
and keeping in repair common public and private Highways in
the County of Orange," it is enacted, That every Overseer in
each Precinct shall on or before the first Monday in December in
every Y^ear deliver under Oath to one or more of the Commis-
sioners of the Precinct to which he doth belong, an Account of
the Labour done on the Highways within his District. And
Wherea-H it may hereafter happen that a Quaker may be chosen
an Overseer of a District,

Be it therefore Enacted by his Excellency the Governor the
Council and the General Assembly, and it is hereby enacted by the
Authority of the same, That whenever a Quaker shall be chosen
an Overseer of a District it shall and may be lawful for him,



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 69 of 92)