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 78 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 78 of 92)
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until the first Day of January which will be in the Year of our
liOrd one thousand seven hundred and eighty five.

[CHAPTEE 1714.]
[See chapter 1582. Expired, December 81, 1784.]

An Act to continue an Act entitled
'*An Act for regulating the Practice of Inocu-
lation for the small Pox in the City of Albany."

[Passed, April 1. 1775.]

Whereas the above mentioned Act will expire on the first Day
of May next by its own limitation, and the same being found
very 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 said Act entitled "An Act
for regulating the Practice of Inoculation for the Small Pox in
tho City of Albany," and every Clause Article Matter and Thing
therein contained shall be and hereby is continued to be in full
force from and after the first Day of May next, until the first
Day of January which will be in the Year of our Lord one *.hou-
sand seven hundred and eighty five, and from thence to the End
of the then next Session of the General Assembly.

[CHAPTER 1715.]
[See chapter 1257. Expired, January 31. 1785.]

An Act to revive an Act entitlsd "An
Act for the more equal Taxation of Estates in
the City of Albany."

[Passed, April 1, 1775.]

Be it Enacted by his Honor the Lieutenant Governor llie Co^m-
cil and the General Assembly^ and it is hereby enacted by the
Authority of the samcy That the Act entitled "An Act for the
more equal Taxation of Estates in the City of Albany,'' passed
in the fourth Year of his Majesty's Eeign, shall be and hereby ia



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LAWS OF THE COLONY OP NEW YOTLK. Ill

leviTed from the passing hereof until the first Day of February
which will be in the Year of our Lord one thousand seven hundred
and eighty fiya

[CHAPTEE ine.]

[See chapter 1629.]

An Act for altering the Time of keep-
ing Fairs in the Town of Schenectady.

[Passed, April 1, 1775.]

Be it Enacted by his Honor the Lieutenant Governor the Counr
cil and the General Aaaeinblyy and it is hereby enacted by the
Authority of the same^ That the two Fairs to be held and kept in
every Year in the Town of Schenectady by virtue of an Act enti-
tled "An Act respecting Fairs in the Counties of Albany Cumber^
land and Tryon" passed the eighth Day of March one thousand
seven hundred and seventy three, shall for the future be held and
kept as follow; The first to commence on the third Tuesday in June
annually, and to continue until the Evening of the Thursday next
ensuing and no longer, and the second Fair to commence on the
first Tuesday in November annually, and to continue until the
Evening of the Thursday next ensuing and no longer, any Law
Usage or Custom to the Contrary hereof notwithstanding.

[CHAPTEE 1717.]

An Act to raise a Sum not exceeding
nine hundred Pounds in the County of Tryon,
to compleat the Court House and Goal erected
at John's Town in the said County.

[Passed, April 1, 1775.]

Whbbbab the Money raised to compleat the Court House and
erect a Goal at John's Town in the County of Tryon has been
found insuiBcient,

Be it therefore Enacted bif his Honor the Lieutenant Governor
the Council and the General Assembly^ and it is hereby enacted
by the Authority of the same^ That for compleating the said Court
House and Goal the Supervisors of the said County, or the Major
Part of them for the Time being shall, and they are hereby directed
and required to order to be levied on the Freeholders and Inhabit-
ants of the said County a Sum not exceeding nine hundred Pounds
with an additional Sum of three Pence in every Pound for col-
98



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T78 LAWS OP THE COLONY OP NEW YORK.

lecting the same; four hundred and fifty Pounds of the said nine
hundred Pounds shall be raised in the first Tax that shall be levied
after the passing of this Act, and the remainder thereof with the
second Tax; which said Sum of nine hundred Pounds shall be
raised levied and collected in the same Manner as the other neces-
sary and contingent Charges of the said County are.

And be it further Enacted by the Authority aforesaid, That the
Monies so to be raised by virtue of this Act, shall from Time to
Time be paid by the several and respective Collectors of the -jaid
County unto Sir John Johnson Baronet, Daniel Claus, Hendrick
Prey, John Butler and Robert Adams Esquires, who are hereby
appointed Trustees for laying out of the said Sum of nine hun-
dred Pounds for the Purposes aforesaid, and the said Trustees,
or any three of them, shall and may from Time to Time, inspect
examine and audit all the several and respective Accounts of
Workmanship and Materials to be employed for and towards com-
pleating the Court House and Goal beforementioned, and of the
due Disposition of the said Sum of nine hundred Pounds or so
much thereof as shall come into their Hands, they the ^aid Trua-
teee or any three of them appointed as aforesaid shall render a
true Account upon Oath unto the Justices at the General Sessions
of the Peace for the said County.

[CHAPTER 1718.]
[See chapter 809. Expired, December 31, 1789.1

An Act to revive an Act entitled "An Act
to prevent Damages by Swine in Dutchess
County" and for extending the same to the
Counties of Tryon and Cumberland.

[Passed, April 1, 1775.]

Be it Enacted hy his Honor the Lieutenant Governor the
Council and the General Asseniblpy and it is hereby enacted by
the Authority of the same^ That the Act entitled, "An Act to
prevent Damages by Swine in Dutchess County" passed in the
nineteenth Year of his late Majesty's Reign, shall be and hereby
is revived, and every Clause Article and Thing therein contained
enacted to be and remain of full Force and Virtue to all Intents
Constructions and Purposes whatsoever until the first Day of Janu-
ary which will be in the Tear of our Lord one thousand seven
hundred and ninety.



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LAWS OF THE COLOI^y OF NEW. YORK. 779

And be it further Enacted by the Authority aforesaid, That
the said Act so as aforesaid revived and every Clause Article
Matter and Thing therein enacted and contained, shall be and
hereby is extended to the Counties of Tryon and Cumberland, any
Thing in the said Act contained to the contrary notwithstanding.

[CHAPTEE 1719.]
(See chapter 1534.]

An Act to alter Part of the Lines that

divide the Counties of Albany, Charlotte, and

Cumberland.

[Passed, April 1, 1775.]

rWinsKEAfl by a certain Act entitled "An Act to divide the
County of Albany into three Counties " passed the twelfth Day of
March one thousand seven hundred and seventy two, certain Lines
and Bounds were established between the Counties of Albany,
Charlotte and Cumberland; some of which have been found ex-
tremely inconvenient.

Be it therefore Enacted by his Honor the Lietitenant Oovernor
the Council and the General Assembly y and it is hereby enacted
by the Authority of the same That so much of the first Clause of the
said Act as is contained in the Words following, t^ wit, **TJntil it
intersects a North Line drawn from that High Falls on Hudson's
River which lays next above Fort Edward, thence South to the
said Falls, thence along the East Branch of Hudson's River " shall
be and hereby is repealed; and that in lieu of so much of the said
Lines and Bounds as are described in the Words aforesaid, the
following Lines and Bounds shall be substituted, to wit, " tx) the
East Side of the most Easterly Branch of Hudson's River, thence
along the Easterly Bank of said Branch and Hudson's River"
any Thing in the said Act to the contrary hereof notwithstanding.
And that a Line beginning in the North Boundary Line of the
Province of Massachusett's Bay at the South West Comer of
the Township of Readesborough, and running thence along Part
of the Westerly Bounds thereof to a certain Tract of Land granted
to George Brewerton Junior and others, and erected into a Town-
ship by the Name of Leinster, thence along the Southerly and
Westerly Bounds of the said Tract of Land to the North West
вАҐComer of the same, thence on a direct course to the South East-
erly Comer of the Township of Princetown, thence along the
Easterly Bounds of the same Tract as it runs to the North East-



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780 LAWS OP THE COLONY OF NEW YORKi

crly Comer thereof, and thence on a direct Course to the Southerly
Comer Bounds of the Township of Hulton, where it meets with
and is intersected by the West Boundary Line of the County of
Cumberland as established in and by the Act herein before
mentioned; shall be the Westerly Boundary Line and lines of the
said County of Cumberland in all Places so far as the same is
altered by this present Act, any Thing in the said Act to the con-
trary hereof notwithstanding

[CHAPTER 1720.]

An Act to prevent Causes being tried in
Taverns by Justices of the Peace in the
County of Cumberland,

[Passed, April 1, 1775.]
)Whsbeas by a law of this Colony every Justice of the Peace
is impowered to hold a Court for the Tryal of Causes to the Value
of five Pounds and under. And Whereas such Courts have been
frequently held at Taverns in the said County, to the great Pre-
judice of the Suitors and Damage of the Lihabitants, for Remedy
whereof.

Be it Enacted by his Honor the Lieutenant Governor the Coun-
cil and the Oeneral Aaseinhly^ and it is hereby enacted by the
Authority of the samcy That from and after the second Tuesday
in June next, it shall not be lawful for any Justice within the said
County to hold his Court at a Tavern, and every Justice of the
Peace who shall hold his Court at a Tavern shall for every Offence
forfeit ten Pounds, and all the Proceedings of the said Court are
hereby enacted and declared to be Null and Void, which Forfeit-
ure shall be sued for and recovered with Costs of Suit by any Per-
son or Persons in any Court of Record within this Colony one
half for the Use of the Person or Persons who may sue for the
same, and the other half for the Poor of the Township or District
where such Offence shall be committed.

[CHAPTER 1721.]

An Act for annexing the two Tracts of
Land therein mentioned to the Township of
the New Paltz in Ulster County.

[Passed, April 1. 1775.1
Whereas the Tract of Land granted by Letters Patent to Noah
Eltinge and Nathaniel Lafever, and the Tract granted to Anne



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LAWS OP THE COLONY OP NEW YORK. 781

Hullinder commonly called MuUinder's Tract lay contiguoiis to
the Town of the New Paltz in Ulster County, and it will be much
more convenient for the Inhabitants residing on those Tracts to
attend the annual Elections of Precinct Officers, and perform other
the Public Duties required of them by Law in the Township or
Precinct of the New Paltz, than in that to which they now
belong.

Be it therefore Enacted hy his Honor the Lieutenant Governor
the Council and the General Assembly^ and it is hereby enacted
hy the Authority of the samCj That the said two Tracts of Land
shall be and hereby are annexed to and made Part of the Town-
ship or Precinct of the New Paltz, and the Inhabitants residing
or to reside thereon shall enjoy the same Privileges and be subject
to the same Duties as other the Inhabitants of the said Township
or Precinct enjoy or are subject to by any former Law of this
Colony, any Law Usage or Custom to the contrary in any wise
notwithstanding.

[CHAPTER 1722.]

An Act for enabling the Persons therein

named to finish the Court House and Goal in

Ulster County and other Purposes therein

mentioned*

[Passed, April 1. 1775.]

"Whereas a Sum of Money was raised by virtue of an Act of
the Legislature, for repairing the Court House and Goal in Ulster
County, which has proved insufficient to compleat the same,

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 Supervisors of the said
County shall at their next annual Meeting for raising the contin-
gent Charges of the said County; order the raising a further Sura
not exceeding four hundred Pounds; to be raised levied and
collected in the same Manner as the other necessary and contin-
gent Charges of the said County are by Law directed.

And be it further Enacted by the Authority aforesaid, That the
Monies so to be raised by virtue of this Act shall from Time to
Time be paid by the Collectors of the respective Towns Manor and
Precincts within the said County into the Hands of the County
Treasurer as the same shall come into their Hands; to be by
him paid to Dirck Wynkoop Junior, Johannes Sleght, Abraham
Low, John Beekman, and John Elmendorph or any three of them,
who are hereby appointed Commissioners for compleating the



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782 LAWS OP THE COLONY OP NEW YORK.

Eaid Court House and Goal, and for reimbursing the Sum of
Money already advanced by them in repairing the same, over and
above the Sum heretofore raised for that Purpose, and also for
digging and making a Well near the said Court House, and mak-
ing such other useful and necessary Eepairs as by the said Com-
missioners or the major Part of them shall be thought most con-
venient and proper, which said Commissioners shall and are hereby
required to render a just and true Account on Oath of the Trust
hereby reposed in them to the Supervisors of the said County
after the Completion of the said Court House and Goal and other
Bepairs.

And be it also Enacted by the same Authority, That in Case the
Monies so to be raised by virtue of this Act, should exceed the Sum
to be expended for the Purposes herein mentioned, such Excess
shall be repaid by the Commissioners into the Hands of the
County Treasurer, to be disposed of by the said Supervisors for
the use of the said County in such Manner as to them shall seem
moat convenient

[CHAPTER 1723.]

An Act for removing the Prisoners from
the old Goal in the Precinct of Goshen in
the County of Orange, to the new Goal built
in the said Precinct

[Passed, April 1, 1775.]

"Whereas a new Court House and Goal in the Town of Goshen
in the County of Orange has been lately erected, with proper and
commodious Appartments therein for the safe Custody of Prison-
ers, and it is expedient that the Prisoners now confined in the
Goal in the 1 own of Goshen aforesaid should be removed from
thence to, and confined in the said new Goal.

Be it therefore Enacted hy his Honor the Lieutenant Oovemor
the Council and the General Assembly, and it is hereby enacted
by the Authority of the same That the new Court House and
Goal aforesaid and the Appartments therein shall be a Goal or
Goals of and for the said County of Orange, and that the Sheriff
of the said County for the Time being shall have the keeping
of the same, and shall remove all his Prisoners from the old
Court House and Goal aforesaid to the new Court-House and
Goal, when and as soon as one of the Judges of the Court of
Common Pleas, and two of his Majesty's Justices of the Peace
for the add County by order in Writing under their respective



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LAWS OP THE COLONY OF NEW YORK. 783

Hands and Seals to be served on the said Sheriff shall direct,
and shall there keep them the said Prisoners and every of them
in safe Custody until they be respectively discharged by due
Course of Law.

And be it further Enacted by the Authority aforesaid That
the said Sheriff shall not be liable to any Action or Actions of
escape or other Actions at Law for the removing of the said
Prisoners or either of them, and that if any Action Plaint Suit or
Liformation, shall be commenced or prosecuted against the said
Sheriff for removing the said Prisoners or either of them in Pur-
suance of this Act that it shall and may be lawful for him to
plead the General Issue; and upon any Issue joined may give this
Act and the Special Matter in Evidence, and if the Plaintiff or
Prosecutor shall become nonsuit, or forbear further to prosecute,
or suffer a Discontinuance, or if a Yerdict pass against the Plain-
tiff, the Defendant shall recover double Costs, for which he shall
have like Remedy as in Cases where Costs by Law are given to
Defendants.

Provided always and it is hereby enacted, That in Case any
Prisoner or Prisoners shall escape from the Custody of the said
Sheriff in the Time of his her or their Removal, and the said
Sheriff shall not retake him her or them, and actually confine such
Prisoner or Prisoners in the new Goal or Goals provided as afore-
said, within sixty Days after such Escape made, the said Sheriff
ahall be liable to all Actions for such Escape or Escapes in the
same Manner as he would have been if this Act had not been made.

[CHAPTER 1724.]

An Act for an indulgence to Persons of
Scrupulous Consciences in the manner of Ad-
ministring Oaths.

[Passed, April 1, 1775.]

Whereas a considerable Number of his Majesty's Subjects have
preferred sundry humble Petitions to the General Assembly, setting
forth the great Hardships they suffer on Account of their scrupling
to use the common Ceremony of laying the Hand upon and kissing
the Book, when they are called to make Oath, and soliciting to bo
indulged in using no Other Ceremony than that of holding up the
Right Hand, according to the Custom of that Part of.Great Britain
called Scotland, And Whereas it is most conducive to the Discovery
of Truth to exact Oaths with such Solemnities as the Persons taking
them conceive to be most binding, And Whereas it is most agree-



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784 LAWS OP THE COLONY OF NEW YORK.

able to the mild Geniua of the Britiah Constitution, and highly
expedient for promoting the Welfare of this Colony, as well as
just in itself to give all due Indulgence to his Majesty's Subjects
in Matters relating to Conscience.

Be t^ therefore Enacted by his Honor the Lieutenant Governor
the Council and the General Assembly, and it is hereby mact*^
by the Authority of the same, That all Oaths administred or to be
admmistred only with the Ceremony of holding up the right Hand
shall be deemed and adjudged in all Cases to be corporal Oaths, as
valid as if they were administred with the Ceremonies used in
England, and that Persons swearing falsely with the aforesaid
Ceremony of holding up the right Hand, shall be deemed gmlty
of wilful and corrupt Perjury, and suffer accordingly.

Provided always, That such Persons onlj shall have the Indulg-
ence allowed by this Act, as shall produce a Certificate of their
being of that religious Persuasion commonly distinguished by the
Name of the Associate Presbyteries and Synods (who publicly and
notoriously object to corporal Oaths administred in the English
Form,) and that they are of good Fame and Reputation, which
Certificate shall not only be signed by the Minister but by the
Majority of the Elders and Deacons of that Congregation, to which
the Person having such Certificate shall at the Date thereof belong,
or of that Congregation nearest to his then Place of Eesidence
being of the Persuasion or Denomination aforesaid.

And be it further Enacted by the Authority aforesaid, That
the signing of the aforesaid Certificate being proved before one of
Judges of the Inferior Court of Common Pleas of the County In
which the said Congregation is, and attested under the hand of .
such Judge shall be sufficient in all Courts without further Proof,
to intitle the Persons in whose Favor such Certificate was given,
to the Indulgence granted by this Act.

[CHAPTER 1725.]
[See chapters 1061 and 1213. Expired, January 81, 178B.J

An Act to revive the two Acts therein

mentioned relative to the bringing in and

spreading infectious Distempers in this Colony.

[Passed, April 1, 1775.)

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 entitled "An Act to

prevent the bringing in and spreading of infectious Distempers in



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LAWS OP THE COLONY OF NEW 1 OBK. 785

this Colonji'* passed the twenty fourth Day of March one thousand
seTen hundred and fifty eight, and the Act entitled ^^ An Act to
reyive an Act entitled An Act to prevent the bringing in, and
spreading infectious Distempers in this Colony vdth an Addition
thereto," passed the thirteenth Day of December in the Year of
our Lord one thousand seven hundred and sixty three, shall be
and hereby are revived and every Article Matter and Clause
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 hundred and eighty
five, and from thence to the End of the then next Session of the
General Assembly.

tCHAPTER 1726.]

[Set chapter 1544. Bzplred, January 81, 1785.]

An Act to revive an Act entitled "An
Act to oblige the Justices of the Peace at their
General or Quarter Sessions to determine Ap-
peals made to them according to the Merits of
the Case notwithstanding Defects of Form in
the original Proceedings; and to oblige Per-
sons suing forth Writs of Certiorari, to remove
Orders made on such Appeals into the Supreme
Court of this Colony to give Security to prose-
cute the same to Effecf

[Passed, April 1, 1775.1

Be it Enacted by his Honor the Lieutenant Oovemor iJie Coun-
cU and the Oeneral Assembly^ and it is hereby enacted by the
Authority of the same^ That the Act entitled "An Act to oblige
the Justices of the Peace at their General or Quarter Sessions to
determine Appeals made to them according to the Merits of the
Case notwithstanding Defects of Form in the original Proceed-
ings; and to oblige Persons suing forth Writs of Certiorari to
remove Orders made on such Appeals into the Supreme Court of
this Colony; to give Security to prosecute the same to Effect,"
passed in the twelfth Year of his present Majesty's Eeign shall be,
and hereby is revived, and every Clause Matter and Thing therein
contained, enacted to be in full force until the first Day of Febru-
ary which will be in the Year of our Lord one thousand seven
hundred and eighty five.
VoL'v. 91



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T86 LAWS OP THE COLONY OP NEW YOBK.

[CHAPTEK 1727.']

An Act to discourage Tortious "^tnei

and PossessioDfl,

fPassed, April 1, 1775.]

Whebeab Persona trespassing upon Lands often defend against
Suits brought for the same under feigned Pretences, until Judg-
ment passes for the Plaintiff and then abscond or taking Advantage
of the contracted Limits of the Colony, escape to other Provinces
to the great Injury of the Plaintiff or true Proprietors for want of
Bail given by the Defendant at the Commencement of the Suit.

Be it therefore Enacted by his Hono}' the Lieutenant Oovemor
the Council and the General Assembly^ and it is hereby enacted
by the Authority of the same. That the Plaintiff or Plaintiffs
ehall in all such Actions of Trespass be intitled to special Bail
and that an Ac-aetiam or proper Clause for that Purpose may bo
accordingly inserted in the first Process, and that the Plaintiff or
Plaintiffs shall have all the Advantages as well thereupon, as upon
the Bail Bobds, that may be taken on the Arrest as in Assumption
and other Actions where the Defendant is held to Bail, and that
both Parties shall be subject to such discretionary Eules and
Orders of Court respecting such Suits in Trespass and on the Bail
Bonds as are used in other Cases

[CHAPTER 1728.]
[Expired, January 81, 1778.]

An Act for giving Remedy where De-
fendants in Courts of Equity neglect to enter
their Appearances after being served with a
Subpoena and cannot be served with Process
of Contempt.

[Passed, April 1, 1775.]

Whereas Mortgagors residing in this Colony who have been
served with Subpoenas to appear upon Bills filed against them in
the Court of Equity for the said Colony, have been guilty of many
Frauds in refusing or neglecting to enter their Appearances upon
such Bills, and secrete themselves within the said Colony, in such
a Manner that no Process of Contempt can be served upon them,
whereby Mortgagees are prevented from recovering their just
Debts, and the Course of public Justice is impeded. And AVhereas
It is highly expedient that a Remedy should be provided in this
Bphalf.



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LAWS OF THE COLONY OP NEW. TOBEL 78/

Be it therefore Enacted hy Jiia Honor the Lieutenant Governor
the Council and the General Aasemblify and it is hei^eby enacted
hy the Authority of the samey That where any Bill has been or
hereafter shall be filed by any Mortgagee or Mortgagees in the
Court of Equity for this Colony, and the Mortgagor or Mortgagors,



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 78 of 92)