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 72 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 72 of 92)
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An Act to continue an Act entitled ''ffn
Act to regulate the Sale of Goods at Publio
yendue Auction or Outcry within this Colony.^*

[Passed, January 31. 1775.1

I Be U Enacted ly Ms Honor the Lieutenant Oovernor^ the
Council and the General Assembly^ and it is hereby enacted by
the Authority of the samCj That the Act entitled. "An Act to
regulate the Sale of Goods at Publio Vendue Auction or Outcry
within this Colony," passed the twenty sixth Day of Februiry
one tl}ousand seven hundred and seventy two, shall be, and hereby
is continued, and every Clause Matter and Thing therein con-
tained, enacted to be in full force, until the first Day of February
which will be in the Year of our Lord one thousand seven hun-
dred and eighty, and from thence to the End of the then next
Session of the General Assemblv,

[CHAPTER 1694.]

[See chapter 1556. Expired, Apfll 14, 1780.1

An Act to continue and amend an Act en-
titled an Act to prevent the Destruction of
Fish in the County of Suffolk.

[Passed, January 31, 1775. J i

iWhekeas the abovesaid Act passed the Twenty fourth Day
of March in the Year of our Lord One thousand seven Hundred
and Seventy two has been found in a great Measure to answer
the good Purposes thereby Intended and if further continued
with some Amendments must prove of great Advantage to the
Community,

Be it Enacted by hh Honor the Lieutenanl Governor, the
Council and the General Assembly And it is hereby enacted by
the Authority of the samCy That the first enacting Clause in
the said Act is hereby repealed and declared null and void, and
the following Clause substituted and enacted by the Authority
aforesaid instead thereof, That if any Person or Persons shall
draw any Sein op Net of any Length whatsoever or set any Sein
or Net above six Fathoms in Length from the Fifteenth Day



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718 LAWS OF THE COLONY OP NEW. YORK.

1 ^

of November to the Fifteenth Day of April in any Year during
the Continuance of this Act in any of the Bays, Rivers or Creeks
within the County of Suffolk shall for each Offence forfeit the
Sum of one Hundred Pounds, And if any Person or Persons shall
set any Net whatsoever in Ketchabanuck Channel or within
Thirty Rods of the Mouth of said Channel leading into Quantuck
Bay or out of said Bay shall forfeit the Sum of Ten Pound:?; Or
if any Person or Persons shall set any Net or Nets in any other
Place in any of the Bays, Rivers or Creeks in the County above-
said within four Rods of another Net or Nets, and that with
Mashes less than three Inches Square shall for each Offence
Forfeit the Sum of Five Pounds; Which Forfeitures shall be
recovered with Costs of Suit in any Court in this Colony having
Cognizance of the same by any Person or Persons who shall sue
for the same, the one half of all the Forfeitures shall be* paid
to the Prosecutor or Prosecutors and the other half to be paid
to the Treasurer of the said County to be disposed of by the
Supervisors of said County towards defraying the Public Ex-
pence of the County, and for want of Estate to levy the same,
the Offender or Offenders shall be committed to the common
Goal of the County wherein he shall be Convicted there to remain
until the Forfeiture or Forfeitures be paid with Cost of Suit.

Be it further Enacted by the same Authority ^ That it shall
be no legal Objection or Disqualification against any Freeholder
or Inhabitant in the said County otherwise lawfully qualified
as a Juror or Evidence to serve on any Jury or give Evidence in
any Suit or Suits, that shall be brought by Virtue of this or the
abovesaid Act, notwithstanding the one half of the forfeitures
are made payable into the County Treasury and to be disponed
of by the Supervisors as aforesaid.

Be it further Enacted by his Honor the Lieutenant Governor^
the Council and the General Assembly^ And it is hereby enacted
by the Authority of the samCy That the abovesaid Act to prevent
the Destruction of Fish in the County of Suffolk passed the
Twenty fourth Day of March in the Year of our Lord One Thou-
sand seven Hundred and Seventy two, Except the first enacting
Clause shall be and is hereby continued and every Clause, Matter
and Thing therein contained with this Amendment, enacted to
be and remain in full Force to all Intents and Purposes whatso*
ever until the Fifteenth Day of April which will be in the Year
of our Lord one Thousand seven hundred and eighty.



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LA.WS OF. THE COLONY OP. NEW YOE^ J19

[CnAPTER 1695.]

I

An Act for altering the Time of assessing
and collecting the Taxes for the Support of a
Minister, and the Poor in the City of New York.
[Passed, January 31, 1775.]

Whekeas the Taxes for the support of a Minister in the City of
New York and the Poor of the said City, have heretofore been
assessed and collected in the Winter Season, which has been
found to be inconvenient to the Assessors from the coldness ol
the Weather; and also inconvenient to the inhabitants in gen-
eral to pay their taxes at that Time when there is but little
circulation of Money and their Family expenses liigher than
at any other Season of the Year,

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 Taxes that shall be laid
and assessed in the Year of our Lord one thousand seven hun-
dred and seventy six, and in every Year forever thereafter for
the Support of a Minister in the City of New York and the
Poor of the said City, shall be assessed and made on the first
Tuesday in May or within ten Days thereafter in every Year, and
shall be collected and paid to the Church Wardens of the said
City by the Constables to whom the Tax Rolls shall be delivered
on or before the first Day of August next following in every
Year; any Act or Acts, Usage or Custom to the contrary in any
wise notwithstanding.

And be it further Enacted by the Authority aforesaid. That
if any Justice of the Peace, Vestryman or Constable shall neg-
lect refuse or delay to do and perform his Duty herein, he and
they so offending shall be liable to, and suffer all such Penalties
and Forfeitures, and be liable to be proceeded against in the
same Manner as they are now liable to, and may be proceeded
against by any Act or Acts of the Legislature of this Colony
passed for settling a Minister in the said City, and for raising
Money for his Maintenance, and for supporting of the Poor of
the said City, or any other Act or Acts respecting the same, for
Neglect or Refusal of Duty in their respective Offices,



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T2Q LAWS OF THE COLOiS Y OJC ilEW YOBK.

' [CHAPTER 1696.]
[See chapter 1553. Expired, January 81, 1785.]

An Act to revive an Act entitled "An Act
to prevent Frauds in the Sale of Damaged
Goods imported into this Colony."

[Passed, January 81. 1775.]

Be it Enacted ly 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 entitled "An Act to
prevent Frauds in the Sale of damaged Goods imported into this
Colony," passed the first Year of the Reign of his present Ma-
jesty, shall be, and hereby is revived, and every Clause, Matter
and Thing therein contained, enacted to be and remain in full
Force from the passing hereof until the first Day of February
which will be in the Year of our Lord one thousand seven hun-
dred and eighty five, and from thence to the End of the then
next Session of the General Assembly.

[CHAPTER 1697.]

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 Two Thousand Pounds for the
Uses therein mentioned.

[Passed, January 81, 1775.]

WHEBBiis the providing a sufficient Number of Watchmen,
and lighting of Lamps within the City of New York and keeping
the public Roads in the said City and County in good repair is
convenient and necessary for the Inhabitants and others

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 Mayor, Recorder and
Aldermen of the City of New York 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 im-
powered and authorized on the second Tuesday in the Month
of February One Thousand seven Hundred and Seventy five or
within Twenty Days thereafter to order the raising a Sum not
exceeding Two Hundred Pounds by a Tax on the Estates real



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LAWS OP THE COLONY OP NEW YOEE. 721

and personal of all and every the Freeholders, Freemen, Inhabit-
antSy Residents and Sojourners within the City and County of
New York for keeping the public Roads in the said City and
County in good repair And also a further Sum not exceeding One
Thousand eight Hundred Pounds by a Tax on the Estates real and
personal of all and every the Freeholders, Freemen, Inhabitants,
Residents and Sojourners within the City of New York on the
South side of Fresh Water for the payment of so many Watch-
men 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: which -
Sums above mentioned shall be rated and assessed by the Vestry-
men who shall rate and assess the Tax for the Minister and
Poor of the said City, the Vestrymen first taking the Oath pre-
scribed to be taken in and by an Act Entitled "An Act to enable
the Inhabitants of the City of New York to choose annually two
Vestrymen for each respective Ward within the said City,*'
made and passed in the Nineteenth 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 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 shall be directed by Warrant or Warrants of
the said Mayor, Aldermen and Commonalty in Common Council
convened for the Uses aforesaid.

And be it further Enacted by the Authority aforesaid^ That
over and above the Sums of two hundred Pounds and one Thou-
sand eight 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 Trouble, 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.

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, who are hereby au-
thorized, impowered and required to take effectual Care that this
Act be executed according to the true Intent and Meaning
VoL V. 9.



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722 LAWS OF THE COLOI^Y OP NEW TOKK*

thereof, or any of them shall deny, refuse op delay to perform,
execute or comply with all or any of the Powers, Authoritiea
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
BO denying, refusing or delaying to perform the Duties as afore-
said shall suffer such pains and Penalties by Fine and Imprison-
ment as by the Discretion of the Court shall be adjudged.

And be it further Enacted by the Authority aforesaid That
if any Person or Persons shall wilfully break or damage iny
of the Lamps whether private or public 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 Warrants under the Hands and Seals of t^o or more
of his Majesty's Justices of the Peace for the City and County
of New York by Distress and Sale of the Offenders Goods and
Chattels, on due conviction made upon the Oath of one or more
credible Witness or Witnesses rendering the overplus if my
there be to the Owner or Owners: And for want of such Distress
the Offender or Offenders shall be imprisoned by Warrant undor
the Hands and Seals of the said Justices (who are hereby re-
quired to issue the same) for the space of Three Months unl»^8s
the Forfeiture or Forfeitures be sooner paid, which Forfeitures
shall be applied towards providing and repairing of Lamps and
paying the Watchmen.

And he it further Enacted by the Avthority aforesaid^ That
all such Persons as shall be employed to guard the City and
attend the Lamps shall be under the Direction rff, and obey such
Orders as they shall from Time to Time receive from the Mayor,
Aldermen and Commonalty of the said City, any Custom, Law
or Usage to the contrary thereof in any wise notwithstanding.

[CHAPTER 1698.]

An Act to impower 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
one hundred and Sixty Pounds for the Purposes
therein mentioned.

[Passed, January 81, 1775. J

- WirafiEAs the establishing of a regular well constituted Night-
Watch, and lighting of Lamps within the City of Albany, has not



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LAWS OF THE COLONY OP NEW YORK. 723

only been found convenient, but also necessary for the safety of
its Inhabitants and others.

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 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 im-
powered and authorized, at such Time as they shall think con-
venient on or before the first Day of June one thousand seven
hundred and seventy five, to order the raising a Sum not exceed-
ing one hundred and sixty Pounds by a Tax upon the Estates real
and personal lying and being within that Part of the said City
herein after mentioned of all and every the Freeholders, Freemen
Inhabitants Residents and Sojourners living within a half Mile of
Hudson's River, and to the North of a West Line drawn from the
old Fort, for the Payment of so many Watchmen and lamps, as
the Mayor Recorder Aldermen and Commonalty of the said City
in Common Council convened shall think necessary for guarding
the said City, and lighting the Lamps in the same; which tax so to
be laid shall be rated and assessed 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 putting in Execution an Act of the General
Assembly, made in the third Year of the Reign of their late Majojh
ties King William and Queen Mary entitled An Act for defraying
the Public and necessary Charge throughout this Province and
for maintaining the Poor and preventing Vagabonds," made and
passed the nineteenth Day of June one thousand seven hundred
and three, the Assessors first taking the Oath prescribed to be
taken by the last mentioned Act, and the Tax so to be laid shall
be collected levied and paid by the Collector appointed under the
Act aforesaid within twenty Days next after he shall have r©*
ceived a Warrant for that Purpose and shall pay the same into
the Hands of such Persons as the said Mayor Recorder Aldermen
and Commonalty in Common Council convened shall appoint, for
the Uses aforesaid.

And be it further Enacted by the Authority aforesaid, Tha?
the Collector shall retain in his Hands three Pence in the Pound*
for every Pound so raised by Virtue of this Act as a Reward foe
bis Trouble in collecting and paying the same, and no more.



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724 LAWS OF THE COLONY OP NEW YOBKi

And he it further Enacled hy the Authority aforesaid^ Thai
If the said Mayor Recorder Aldermen and Commonalty AsseBsoni
or Collector of the said City of Albany who are hereby author^
ized impowered and required to take effectual Care that this Acfl
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 Discre-
tion of the said Court shall be adjudged.

And be it further Enacted by the Authority aforesaid^ That
If any Person or Persons shall neglect or refuse to pay the several
Rates and Assessments wherewith he or they shall be charged
by this Act, for or in respect of his and their Goods and Chattels,
Lands or Tenements, upon the Demand of the Collector appointed
to receive the same, that then it shall and may be lawful to and
for such Collector, and he is hereby required on non-payment
thereof to distrain upon the Goods and Chattels of the Person or
Persons so refusing or neglecting to pay; and the Distress so
taken to carry away, and the same to expose to sale within the
said City, for the Payment of the Rate or Assessment, and the
Overplus, if any be, after paying the charges of taking, carrying
away, and exposing the same Distress to sale, to be immediately;
returned to the Owner or Owners thereof.

And be it further Enacted by the Authority aforesaid^ That
all such Persons as shall be employed to guard the said City, shall
be under the Directions of, and obey such Orders as they shall
from Time to Time receive, respecting the Premises, from the
Mayor Recorder Aldermen and Commonalty of the said City in
Common Council convened, any Law, Usage or Custom to the con-
trary in any wise notwithstanding.

[CHAPTER 1099.]

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

[Passed, April 1. 1775. r

Be il Enacted by his Honor the Lieutenant Oovemory the
'Council and the General Assembly^ and it is hereby Enacted bj/^



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LAWS OP THE COLONY OF NEW YORK. 725

the Avthority of the same^ That the Treasurer of this Oolonj;
shall and hereby is directed and required to pay,

Unto his Honor the Lieutenant Governor or the Commander In
Chief for the Time being for Administring the Government of
this Colony from the seventh Day of April last, to the first Day
of September one thousand seven hundred and seventy five after
the Rate of Two thousand Pounds per Annum.

Unto his said Honor or to 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 thou-
sand seven hundred and seventy four to the first Day of Septem-
ber One thousand seven hundred and seventy five after the Rate
of four Hundred pounds per Annum,,

Unto the Honorable Daniel Horsmanden Esquire as Chief
Justice of the Supreme Court of this Colony and for going the
Circuits from and to the Time last aforesaid 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 Duncan 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 Honorable Thomas Jones Esquire the other Puisne
Justice of the Supreme Court of this Colony and for going the Cir-
cuits from and to the Time aforesaid after the Rate of two Hun-
dred 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 the Sum of Fifty Pounds to
the Justice or Justices that shall so attend in each or either of the
said Counties, 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 Comity
of Albany the Sum of Thirty Pounds, and for the other Counties
In this Colony not already provided for the Sum of Twenty
Pounda



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728 LAWS OF THE COLONY OF NEW YORK.

"Dnto tlie Secretary of this Colony for the Time being, for en-
grossing and enrolling the Acts of llie General Assembly from the
first Day of September one thousand seven hundred and Seventy
four to the first Day of September one thousand seven hundred
and Seventy five after the Rate 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
Rate of Thirty Pounds per Annum.

Unto the Door Keeper 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 as per Account the sum of One hundred
and Twenty one Pounds four Shillings and three Pence.

Unto Thomas Moore and John Griffiths 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 tbem.

Unto Thomas Hill, Jacob Roome and Henry Law, 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, for the Time they serve.

All which aforesaid several Sums of money shall be paid by the
Treasurer on Warrants issued by his Honor the Lieutenant
Governor or the Commander in Chief for the Time being, by and
with the Advice and Consent of hia Majesty's Council of this
Colony; And the Receipts of the several Persons endorsed on the
said Warrants shall be to the Treasurer good Vouchers and Dis-
charges, for so much as shall be thereby acknowledged to be
received.

And be it fvriher Evactcd by the Authority 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
from the first Day of September One Thousand seven Hundred
and Seventy four to the first Day of September one Thousand
seven Hundred and seventy five after the Rate of two Hundred
Pounds per Annum.

Unto the said Treasurer, or to the Treasurer for the Time being,
for the extraordinary Service which he is obliged to perform
beyond the usual Duty of his Office after the Rate of the further
Sum of One Hundred Pounds per Annum,



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LAWS OF THE COLONY OP KEW YORK. 727

TJDto Edmund Burke Esquiro Agent for 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
Charges he has been at the further Sum of One Hundred and
Forty Pounds. Which said Sums shall be paid unto him the said
Edmund Burke by an Order of the General Assembly of this
Colony, signed by the Speaker for the Time being and not other-
wise.

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 Rate of one Hundred and Fifty
Pounds per Annum.

Unto Richard Morris Esquire for his Services in going the Cir-
cuits, and attending thereon for the Trial of Criminals from the



Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 72 of 92)