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 7 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 7 of 92)
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September one thousand seven hundred and seventy, six Shil-
lings per Diem payable upon o 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 FireWood and
sundry Necessaries for the use of the General Assembly the
Sum of fifty Pounds.

UNTO John Martin as Gunner and keeper of the Colony Stores
from the twenty eighth Day of July one thousand seven hundred
and sixty nine to the twenty eighth Day of July one thousand
seven hundred and seventy, after the Rate of twenty Pounds pec
Annum.



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62 LAWS OF THE COLOIh'Y OF NEW TOEK.

UNTO William Scott Serjeant at 'Arma fcwr his ServiceB In that
Station from the fourth Day of April one thousand seren hundred
and sixty nine to the first Day of September one thousand seven
hundred and seventy, four 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 James Wilmot for attending and keeping open the
Library for the use of the General Assembly, from the fourth
Day of April one thousand seven hundred and sixty nine to the
first Day of September one thousand seven hundred and seventy,
five shillings per Diem payable upon a Certificate from the Gen-
eral Assembly signed by the Speaker for the Number of Days he
has or may serve the General Assembly.

AND BE IT ENACTED by the Authority aforesaid that for
answering the Expences of Contingencies and extraordinary
Emergencies that have or may happen for the Service of this
Colony from the first Day of September one thousand seven hun-
dred and sixty nine to the first Day of September one thousand
seven hundred and seventy. Warrants may issue for the same
on the Treasurer from Time to Time, if drawn by his Honor the
Lieutenant Governor, or the Commander in Chief for the Time
being, with the Advice and Consent of his Majesty's Council
which, the Treasurer is hereby Ordered and directed to pay out of
the Monies arising by virtue of the Acts herein before mentioned.
Provided the Amount of the said Warrants, does not exceed th^
Bum of one hundred Pounds.

AND BE IT ENACTED by the Authority aforesaid that the
Treasurer of this Colony shall out of the Funds aforesaid pay
the several Sums following.

UNTO Andrew Gautier and Jonathan Hampton for repairs
done by themselves and sundry other Persons to Fort George
and the Barracks and Materials found by them as per their
Accounts the Sum of three hundred and forty eight Pounds, nine
Rhillings.

UNTO Richard Nicholls Kegister and John McKesson Deputy
Register in the Court of Admiralty for Charges incurred in
prosecuting of Pirates at a Court of Admiralty held in the City of
Ni»w York, the Sum of thirty four Pounds nineteen Shillings.

UNTO Thomas Ludlow Junior Marshall for Charges attending
the Execution and hanging in Chains Joseph Anderson lately
executed for Piracy, the Sum of forty six Pounds one Shilling
and eleven Pence.



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LAWS OP THE COLONY OF NEW YORK. 63

UUTO Sarah Brock for the use of a Room for the Committee of
Priyileges and Elections the Snm of five Ponndeu

UNTO his Honor the Lieutenant Governor to defray the
Expence of keeping one Interpreter and two Smiths at Niagara
and Detroit in the Year one thousand seven hundred and sixty
nine agreeable to a Resolution of the General Assembly in May
last the Sum of one hundred and fifty Pounds.

fCH4PTER 1428.]

[Chapter 1428 of Van Schaack, where the title only Is printed. Repealed
h7 the king June 7, 177L]

An Act more effectually to enable Per-
sons to recover Debts in this Colony on
Promisory Notes,

[Passed, January ^7, 1770.1

WHEREAS In and by a certain Act of the Governor the Coim-
ofl and the General Assembly of this Cplony passed the twenty
fourth Day of December in the eighth Year of his present
Majesty's Reign intitled. " An Act to declare the extension of
** several Acts of Parliament made since the establishment of a
** Legislation in this Colony and not declared in the said Acts to
** extend to the Plantations." it is among other Things Enacted
that the first second and third Clauses of a certain Act of Par-
liament passed in the third and fourth Years of the Reign of
Queen Anne, intitled. " An Act for giving like Remedy upon
** Promissory Notes as is now used upon Bills of Exchange and
^ for the better payment of Inland Bills of Exchange." shall be
deemed to be in full force and effect within this Colony: By the
third of which clauses of the said Act of Parliament so extended
as aforesaid it is enacted that all and every Action upon such
Promissory Notes and Assignments thereof, shall be commenced
sued and brought within such Time as is appointed for com-
mencing and suing Actions upon the Case by the Statute made
In the one and twentieth Year of the Reign of King James the
first intitled, "An Act for the Limitation of Actions and for
** avoiding of Suits in Law," AND WHEREAS many sxjch Promis-
sory Notes had been nearly of six Years standing at the Time that
the said third Clause of the said Statute was so extended as afore-
said, and consequently before the Inhabitants of this Colony
could generally be apprized thereof, many such Notes of Hand,
and the Assignments thereof have by the said Extension become



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61 LAWS OF THE COLONY OF NEW TOEK.

irrecoverable to the great Loss of many, and the utter Buln of
some, AND WHEREAS also the very great Scarcity of O^sh, and
the Poverty of the numerous new settlers in this Colony have not
only rendered the giving and taking of Promissory Notes, and
Assignments of Promissory Notes to the Amount of many thou-
sand Pounds absolutely necessary, but have also unavoidably
occasioned longer Credits on such Promissory Notes after the
same became payable than is permitted by the above recited third
Clause of the said Act of Parliament extended as aforesaid. In
Order therefore not only to prevent many heavy and great Losses
that may be occasioned to Honest, Humane and Ignorant Cred-
itors who have not sued on such Pt'>missory Notes according to
the Terms prescribed by the said ahove recited third Clause of
the said Act of Parliament but also to encourage the growth and
Settlement of the Colony, to Increase the Number of his Majesty's
good Subjects within the same, and augment the Revenue of the
Crown,

BE IT ENACTED by his Honor the Lieutenant Governor the
Council and the General Assembly, and it is hereby enacted by
the Authority of the same that every Person and Persons to
whom any Sum or Sums of Money on or by virtue of any such
Promissory Note or Notes, Assignment or Assignments thereof as
aforesaid is or are claimed to be due to him her or them, either
In his her or their own Right, or as Executor or Executors, —
Administrator or Administrators to any other Person or Persons
shall and may sue for recover and receive the Monies made pay-
able thereby respectively as fully and effectually as he she or they
could or might have done had not the said above recited third
clause of the said Acts been extended in Manner aforesaid any
Thing in the said Clause to the contrary thereof in any wise not-
withstanding. PROVIDED that Suit or Suits for that Purpose
be commenced before the first Day of January which will be in
the Year of our Lord one thousand seven hundred and seventy
two, and not afterwards, but that from and after the said first
Day of January in the Year of our Lord one thousand seven hun-
dred and seventy two, the said recited third Clause of the said
Act shall have it's full operation and extent, any Thing herein
contained to the contrary thereof in any wise notwithstanding^



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UlWB of the COLONT OS IfEW TOBE.



[OHAFIEB 1429.]

[Chapter 142$ of Van Schaack, where the act la printed in foil. 80a
tiuj^tar 1308.]

An Act to revive and continue an Act
Intitled " An Act to prevent Frauds by the
^ adulteration of Pot Ash and Pearl Ash.*'

[Passed, January 27, 1770.1
BE IT ENACTED by his Honor the Lieutenant Governor the
Council and the General Assembly and it is hereby enacted by the
Authority of the same, that the Act intitled. " An Act to pre-
^ vent Frauds by the Adulteration of Pot Ash and Pearl Ash.**
passed in the seventh Year of the Beign of his present Majesty
shall be and hereby is revived from the Publication hereof, until
the first Day of January which will be in the Year of our Lord
one thousand seven hundred and seventy five.

(CHAPTEE 1430.]

[•Chapter 1430 of Tan Sctaaack, where the act Is printed in falL Bevived
And continued by chapter 1&19.J

[All Act to prevent Frauds In Bar Iron
exposed to Bale in this Colony.

[Passed, January 27, 1770.]
(WHEEEAS the Bar Iron exposed to Sale in this Colony is
IDftentimes of a very bad Quality and not well manufactured by
means whereof the purchasers are deceived and the Exporters
of the same suffer Great Losses and the Credit thereof is much
lessened at foreign Markets for Bemedy whereof

BE IT ENACTED by his Honor the Lieutenant Governor the
iCouncil and the General Assembly and it is hereby enacted by
the Authority of the same that all Bar Iron whatsoever made in
America and exposed to Sale within this Colony or exported from
it after the first day of May next shall be hammered and drawn
of an equal width and thickness throughout the whole Bar as
nearly as may be and that every Bar of Iron so exposed to Sale
flhall be Stamped or marked with the Name of the Furnace or
S*orge or Owner or Owners of the Works where the same shall
be made at Large and the Letter P, — ^as near together as may be
If it shall be of that Quality and the Bar Iron called Bloomery
Iron ishall be stAXnped or marked in like manner^aa aboy^^
' Vol. V. 9 .



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W LAWS OF THE COLONY OF NEW YOKE.

'directed and the Letter B,— and that all persons whatsoeter
exposing to Sale or purchasing or exporting any Bar Iron of
American make not duly marked as aforesaid shall forfeit the
Bum of three Shillings for every Bar of Iron exposed to Sale or
purchased or exported the one half thereof to the Informer or
Informers and the other half thereof to the Use of the poor of the
City, Manor Borough Town or precinct where such Forfeiture
shall arise to be recovered before any one Justice of the i)eace
of the place or places aforesaid together with the Costs of Suit

AND BE IT ENACTED by the Authority aforesaid that thifl
act shall be and remain in Force until the first day of Januaij^
one thousand seven hundred and seventy two.

(CHAPTER 1431.]

I [Chapter 1431 of Van Schaack, where the act \b printed in fnlL]

An Act appointing Commissioners to

meet with Commissioners who are or may be

appointed by the Neighbouring Colonies to

fix on a General Plan for the Regulation of

the Indian Trade.

P?assed, January 27, 1770J

' IWHEREAS Ms Majesty has been graciously pleased to direct
that the Regulation of the Indian Trade for the future shall be
left to the Colonies. AND WHEREAS it is conceived that the
good Purposes of the design cannot be fully answered without
the Harmonious co-operation of the Neighbouring Colonies con-
cerned therein, for the obtaining of which

BE IT ENACTED by his Honor the Lieutenant Governor the
Council and the General Assembly and it is hereby enacted by
the Authority of the same that Philip Livingston Henry Holland,
Isaac Low, John Alsop, William McAdam and John Thurman or
any three of them, the Survivor or Survivors of them be and they
are hereby appointed Commissioners on the Part of this Colony
and are fully authorized and impowered to meet and confer with
Commissioners who are or may be appointed by the Neighbour*
ing Colonies to fix on a general Plan for the Regulation of the
Indian Trade.

AND BE IT FURTHER ENACTED by the Authority afore-
•aid that the said Commissioners or such of them as shall meet
any Commissioners who may be appointed by the Neighbouring
Colonies do with all convenient Speed after such Meeting or



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LAWS OF THE COLONY OF NEW YOUIL 67

Meetings make full and perfect Report or Beports of such Regu*
lations or Plan as thej shall or do fix, or agree upon in con junc-
tion with such other Commissioners as are or may be appointed
by the Keighbouring Colonies to the Governor or the CouncU
when thereunto required or to the General Assembly of this
Colony which may be then sitting or to the first General Assem-
bly of this Colony wliich may sit thereafter in order that a proper
Law or Laws may be passed conformable thereto.

AND BE IT FURTHER ENACTED by the Authority afore-
said that Provision shall be made for paying the reasonable
Expences that shall accrue on the Part of this Colony in perform-
auQce of the service aforesaid when the Amount thereof shall be
known by some future Act or Acts to be passed for that purpose.

(CHAPTER 1432.]

[Chapter 14S2 of Van Bcbaack» where the act Is printed in fnlL See
chapter 1351.]

An Act to revive an Act intitled. "An
•'Act to prevent the Defaults of Grand and
"Petit Jurors, Constables and other Per-
** sons." with an Addition thereto.

[Passed, January 27, 1770.]
WHEREAS an Act intitled, « An Act to prevent the Defaults
** of "Grand and Petit Jurors, Constables and other persons."
passed in the eighth year of his present Majesty's Reign, expired
by it's own Limitation on the first Day of January in this present
(Fear one thousand seven hundred asd seventy, and the same
being found useful and necessary.

BE IT THEREFORE ENACTED by his Honor the Lieutenant
Governor, the Council and the General Assembly and it is hereby
enacted by the Authority of the same, that the abovementioned
Act intitled. " An Act to prevent the Defaults of Grand and Petit
"Jurors, Constables and other Persons," shall be, and hereby
is revived, and every Article Matter and Clause therein con-
tained, enacted to be and remain in full force from the Publi-
cation hereof, until the first Day of January which will be in the
Year of our Lord one thousand seven hundred and seventy five.
PROVIDED that Nothing in the aforementioned Act con-
tained, shall be construed to extend to any Fine above the Sum
of ten Pounds, or to any Court for the tryal of Causes to the
Talue of ten Pounds and under.



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M LAWS OF THE COLONY OF NEW YOJilL



(OHAPTEB 1433.1

[Otiapter 1488 of Van Schaack, where the act is printed In foSL 0»»-
tbiiMd bjT chapter 1466. Berlred and amended by chapter 1664.]

An Act to restrain HGwkers and Pedlars
within this Colony from selling withoat
Licence.

[Passed, January 27, 1770.]
' BE IT ENACTED by his Honor the Lieutenant Governor the
Council and the General Assembly and it is hereby enacted by
the Authority of the same that from and after the twenty fifth
iDay of March next there shall be answered and paid to his
Majesty his Heirs and Successors by every Hawker, Pedlar, Petty
Chapman or any other Trading Person or Persons going from
{Town to Town, or to other Mens Houses and travelling either on
Foot or with Horse, Horses or otherwise within this Colony of
New York (except as hereafter is excepted) carrying to sell or
exposing to sale any Goods Wares and Merchandizes a Duty of
eight Pounds, for every Person travelling on Foot, per Annum,
and that every Person so travelling with Horse or other Beast
bearing or drawing Burden, shall pay the sum of eight Pounds
per Annum for each Horse or other Beast bearing or drawing
Burden with which he or she shall travel over and above the said
first mentioned Duty of eight Pounds; And for every Waggon,
Cart, Sled or other Carriage by Land or Water the further sum
ef five Pounds per annum, over and above the aforesaid Duty.

AND BE IT ENACTED by the Authority aforesaid that every
Pedlar, Hawker, or Petty Chapman, and other Trading Person
or Persons so travelling as aforesaid within this Colony shall
take a Licence from the Treasurer of this Colony for the Time
being, and in order thereto shall deliver unto the said Treasurer
a Note in Writing, under his or her Hand, or under the Hand
of some Person by him her or them Authorized in that behalf,
how and in what manner he or she will travel and trade, whether
on Foot, or with one or more Horses or other Beast becring or
drawing Burden or with any Sort of Carriage as aforesaid, and
according to such Notification, he or she shall pay unto the said
Xxeasurer for the Time being the Sum or Sums abovementioned,
and upon Payment thereof to the said Treasurer he is to give a
Licence under his Hand and Seal to the Person or Persons mak-
ing Buoh payment to travel with his or her Wares for sale for



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LAWS OP THE COLONI OF NEW YORK. 119

*he Term of one year, or during the continuance of this 'Ad^
either single or with one or more HorseB or with any Carriage
aa aforesaid according to the snm of Money paid by such Persos
or Persons for which Licence there shall be paid by the Person
to whom the same shall be granted the Bum of three Shillings
and no more, oyer and above the Duties aforesaid, and whicU
Licence and method of obtaining and granting thereof shall be
good and effectual and that the Treasurer for the Time being
shall keep a distinct Account of the Duties to be received bj]
virtue of this Act.

AND BE IT ENACTED by the Auttority aforesaid that if
any Hawker, Pedlar or Petty-Chapman from and after the said
twenty fifth Day of March and during the continuance of this
Act be found trading as aforesaid without or contrary to such
Licence, such Person shall for each and every such offence for-
feit and pay the Sum of ten Pounds current Money of this Colony^
to be recovered before any Justice of the Peace within this
Colony in a summary Way with Costs of Suit, the one Moiety
thereof to the Informer, and the other Moiety to the Poor of the
Town or place wherein such Offender shall be discovered, and
that every Person so trading who upon Demand made by any
Justice of the Peace, Sheriff, Constable or any other Person
within this Colony where he or she shall so trade, shall refuse te
produce or shew his her or their Licence for so trading, to be
granted as aforesaid, that then the Person so refusing shall forw
felt Ten Pounds to be paid to the Overseers of the Poor where
such Demand shall be made, to the use of the Poor of the place,
and for nonpayment thereof shall suffer one Months
Imprisonment.

AND BE IT FURTHEB ENACTED by the Authority afore-
said that if any Person or Persons shall forge or Counterfeit a
Licence or Licenses to travel with such forged or Counterfeited
Licence for the purposes aforesaid, such person shall forfeit the
sum of fifty Pounds, one Moiety thereof to his Majesty his Heirs
and Successors to be applied as the Governor or Commander in
Chief for the Time being, the Council and the General Assembly
of this Colony shall hereafter think fit, and the other half to him
or them that prosecute or sue for the same to be recovered by
Action of Debt, Bill, plaint or Information in the Supreme Court
or any of the Inferior Courts within this Colony in which no
Essoin Protection, Wager of Law, or more than one Imparlance
■hall be allowed.



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70 tA.WS OF THE COLONY OF NEW TOEK.

'AND BE IT FUKTHER ENACTED by the Authority afore-
taid that if any Person or Persons shall be sued, molested or
troubled for putting in Execution any of the Powers contained in
this Act, or for doing any Matter or Thing pursuant thereto, such
person or persons shall and may plead the General Issue, Not
Guilty, and give the special Matter in Evidence, and if the Plaint-
iff or Plaintiffs shall become Non-Suit, or discontinue his or their
Action, or if a Verdict pass against him or them, the Defendant
shall recover treble Costs, for which Execution shall issue in
such Manner as in other Cases where Costs are allowed to
Defendants.

AND BE IT FURTHER ENACTED by the Authority afore-
said that it shall and may be Lawful for any Person or Persons
whatsoever to seize and detain any such Hawker, Pedlar or
Petty-Chapman, or other trading Person or Persons as aforesaid
who shall be found trading without a Licence contrary to the
true Intent and meaning of this Act, and him her or them so
seized to carry before one or more of his Majesty's Justices of
the Peace of the County or Place where such Offence or Offences
shall be committed, which said Justice or Justices of the Peace
is and are hereby authorized and strictly required (either upon
the Confession of the party offending or due proof by any one
or more credible Witnesses upon Oath, which Oath he or they is
and are hereby impowered to Administer, " that the Person so
" brought before him or them, had so traded as aforesaid." and
If no such Licence shall be produced by such Offender before the
said Justice or Justices) by Warrant under his or their Hands and
Seals, or under the Hand and seal of one of them, to cause the
said Sum of ten Pounds to be forthwith levied by distress and
Bale of the Offenders Goods, Wares and Merchandizes rendering
Hhe Overplus if any be to the Owner or Owners thereof after
true Deduction for the reasonable Charge of taking the said Dis-
tress, and out of the sale to pay the said respective Penalties
and forfeitures aforesaid.

AND in Order to prevent the giving of any unnecessary
QTrouble to any Person or Persons who shall suspect any such
Hawker, Pedlar, Petty-Chapman or other Trading Person, trad
ing without a Licence.

BE IT ENACTED by the Authority aforesaid that upon
refusal of producing such Licence to any Person or Persons
demanding the same, and it be afterwards produced to the Jus-
tice or Justices, such Offenders for such Refusals shall forfeit



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LAWS OF THE COLONY OF NEW YOBIL tl

anfl pay fo tlie person or persons demanding tbie same the ram
of three Pounds current Money aforesaid.

PROVIDED ALWAYS and be it enacted by the Authority
aforesaid that neither this Act nor any Thing therein contained
shall extend to prohibit any Person from selling any Fish, Fruit
or Victuals, or to hinder any Person or Persons who are the real
Workers, or makers of any Goods or Wares of his her or their
own manufacturing in any Public Market, Fair or elsewhere, nor
any Tinker, Glazier, Cooper, Plummer, Taylor, or other Person
usually trading in mending or making of Cloaths, Kettles, Tubs,
or Household Goods whatsoever, from going about and carrying
with him or them proper Materials for making and mending the
same.

PROVIDED ALSO and be it Enacted by the Authority afore-
said that neither this Act nor any Thing therein contained shall
extend or be construed to give any Power for the Licencing any
Hawker, Pedlar or Petty-Chapman to sell or expose to sale any
Wares or Merchandizes in the Cities of New York and Albany,
any Thing herein contained to the contrary notwithstanding.

AND BE IT ENACTED by the Authority aforesaid that the
Treasurer of this Colony is hereby impowered and directed to
give unto Andrew Baron of South-Hampton on Nassau Island a
Licence to travel as a Pedlar in this Province without Fee or
Reward, and free from the Duties mentioned in this Act, which
said Licence shall fully exempt the said Andrew Baron from all
the Fines, Forfeitures and Penalties by this Act imposed, any
Thing herein contained to the contrary in • any wise
notwithstanding. i

This Act to continue in Force from the twenty fifth Day of
March next to the twenty fifth Day of March which will be in the
fear of our Lord one thousand seven hundred and seventy one.

[CHAPTER 1434,]

(Chapter 1434 of Van Schaack, where the title only is printed. Amended
by chapter 1477. This act expired January 1st, 1772. Re-enacted by
chapter 1510.]

An Act for the Inspection of Sole Leather
In the City of New York.

(Passed, January 27, 1770.1
WHEREAS for want of a Law to Inspect Sole Leather vended
Ib the City of New York^ great Frauds and abuses have been



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73 LAWS or THE COLONY OF NEW YORK.

committed by selling tlie same before it is snlHciently tanned or
properly dryed; for remedy whereof.

BE IT ENACTED by his Honor the Lieutenant Governor the
Council and the General Assembly, and it is hereby enacted by
the Authority of the same that Thomas Warner, and Benjamin
Stout shall and hereby are authorized and appointed to inspect
and seal all Sole Leather that shall be manufactured within the
City of New York or imported from any other Part or Parts of
this Colony, or of the Neighbouring Colonies at any Time op



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 7 of 92)