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 86 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 86 of 92)
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issued or commenced for recovering the same, or in respect thereof
as aforesaid.

Provided always And be it Enacted, That where the Rents,
Revenues, Issues or Profits of any Manors, Lands, Tenements or
Ilereditiiments are or shall be in charge by, to, or with any
Auditor or Auditors or other proper Officer or Officers of the
Revenue such Rents, Revenues, Issues and Profits shall be held
deemed and taken to be duly in charge within the Meaning and
Intent of this Act, any Usage or Custom to the contrary notwith-
standing.

Provided always. That this Act or any Thing therein con-
tained, shall not extend to bar, impeach or hinder his Majesty
his Heirs or Successors, of, for, or from any Manors, Tenements,
Rents or Hereditaments whereof any Reversion or Remainder now
is in his Majesty for or concerning the Reversion or Remainder,
nor of, for or from any Reversion or Remainder or possibility of
Reversion or Remainder in any of his Majestys Progenitors ot
Predecessors or Ancestors which by the Expiration, End or other



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LAWS OF THE COLONY OP NEW. YORIC 803

Determination of any limited Estate of Fee Simple or of any
Fee Tail or other particular Estate hath or ought to have first
fallen or become in Possession, or which shall or may or ought
hereafter first to fall or come in Possession within the Space of
Sixty Years next before the filing, issuing or commencing of any
such Action, Bill, Plaint, Information, Commission or other Suit
or Proceeding as shall at any Time or Times hereafter be filed
issued or commenced for recovering the same, or in respect thereof,
nor of, for or from any Right or Title first accrued or grown to
his Majesty or any of his Progenitora, Predecessors or Ancestors,
or which shall first accrue or grow to his Majesty or any of his
Heirs or Successors, of in or to any Manors, Lands, Tenements,
Rents or Hereditaments at any Time or Times within the Space
of Sixty Years next before the filing issuing or commencing of
any such Action Bill, Plaint, Information, Commission or other
Suit or Proceeding as shall at any Time or Times hereafter be
filed issued or commenced for recovering the same, or in respect
thereof, and not before.

Provided also. And be it Enacted by the Authority aforesaid.
That this Act or Thing therein contained shall not extend to any
Manors, Lands, Tenements, Rents, or Hereditaments mentioned
to be granted or conveyed by any of his Majesty's Progenitors,
Predecessors or Ancestors, or by any other under whom his
Majesty claimeth to any Person or Persons of any limited Estate
in Fee Simple or of any Estate in Tail or other particular Estate,
which several Estates (if the same had been good and effectual in
Law) have or ought to have first to fall or come in Possession within
the Space of Sixty years next before the filing, isvsuing or com-
mencing of any such Action, Bill, Plaint, Information, Commis-
sion or other Suit or Proceeding as shall at any time or Times
hereafter be filed issued or commenced for recovering the same,
or in respect thereof as aforesaid nor to any Manors, Lands, Tene-
ments, Rents or Hereditaments mentioned to be granted or con-
veyed by any of his Majesty's Progenitors, Predecessors or
Ancestors, or by any other under whom his Majesty claimeth to
any Person or Persons in Fee Tail or other particular Estate
whereof the Reversion or Inheritance (if such Estate Tail or other
Particular Estate had been good and effectual in Law) should have
been and continued in his Majesty, or any of his Progenitors,
Predecessors or Ancestors, or should or ought hereafter to be and
continue in his Majesty his Heirs or Successors at any Time within
the Space of Sixty Years next before the filing issuing or corn-



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854 LAWS OP THE COLONY OF NEW YORK.

mencing of any such Action, Bill, Plaint, Information, Commis-
sion or other Suit or Proceeding as shall at any Time or Times
hereafter be filed issued or commenced for recovering the same or
in respect thereof as aforesaid. '

Provided also, And be it further Enacted by the Authority afore-
said, That all and singular the said Manors, Lands, Tenements
and Hereditaments shall at all Times hereafter be holden of his
Majesty his Heirs and Successors and of, other Person and Persons,
Bodies Politic and Corporate, their Heirs and Successors re-
spectively by the same Tenures, Services, Fee Farms, Chief Eents,
Heriots, and other Duties to all Intents and Purposes as the
same should or ought of Eight to have been holden if the Estates,
Eights and Interests established and made sure by this present Act
had been, before the making of this Act, firm good and effectual
in Law.

Saving to every Person and Persons, Bodies Politic and Cor-
porate their Heirs and Successors (other than his most Excellent
Majesty his Heirs and Successors, and other than all Patentees
or Grantees of Concealments or defective Titles and all and every
Person or Persons claiming from by or under them or any of
them for or in respect or by Eeason of any such Patents or Grants
of Concealments or defective Titles) all such Eights, Title, In-
terest, Estate, Eents, Commons, Customs, Duties, Profits and other
Claims and Demands whatsoever in, to, or out of the said Manors,
Lands, Tenements or Hereditaments as they or any of them had
or ought to have had before the making of this Act any Thing
in this Act to the contrary notwithstanding.

Provided also, and be it Enacted by the Authority aforesaid,
That where any Fee Farm Eent, or other Eent or Eents have been
or shall be answered and actually paid to the Kings Majesty or to
any his Predecessors, Heirs or Successors within the Space of
Sixty Years next before any Action, Bill, Plaint, Information,
Commission or other Suit or Proceeding shall at any Time or
Times hereafter be filed issued or commenced for recovering the
same or in respect thereof, out of any Manors, Lands, Tenements
or Hereditaments of which Manors, Lands, Tenements or Here-
ditaments the Estates Eights or Interest being defective, are es-
tablished and made sure by this present Act, that the Kings
Majesty his Heirs and Successors shall from henceforth for ever
have hold and enjoy the said Eents and Arrearage thereof in such
Manner and Form, And as fullv and amply a«' the same are or were
enjoyed at any Time within the said Space of Sixty Years,



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LAWS OF THE COLONY OF NEW YORK, 665

Provided always, And be it Enacted by the Authority aforesa?d,
That nothing in this Act contained shall extend or be prejudicial
to the Eight, Title or Claim of any Person or Persons in or to any
Manors, Lands, Tenements or Hereditaments by virtue of or under
any Grant or Grants, Letters Patent or Letters Patents, from any
of his Majesty's Progenitors, Ancestors or Predecessors or by
virtue of or under any Grant or Grants, Letters Patent, or Letters
Patents, from his Majesty made or passed before the first Day of
January one Thousand seven Hundred and Sixty-nine so as such
Eight, Title or Claim be prosecuted with Effect, by Bill, Plaint,
Information or other Suit or Proceeding in some of his Majesty's
Courts of Eecord within* this Colony, within the Space of one
Year from the Confirmation of this Act.

Provided alwa}'s. And be it further Enacted by the Authority
aforesaid. That nothing in this Act contained shall extend to any
lands appropriated by Letters Patent or laid out for Highways,
but the same shall be and remain for that Purpose any Thing in
this Act contained to the contrary notwithstanding.

Provided always, And be it further Enacted, by the Authority
aforesaid, That all his Majesty's Subjects in this Colony, holding
or possessing Laiids by virtue of this Act for the Term of Sixty
Years or upwards shall be subject and liable to the usual Quit
Eent.

Provided always And be it Enacted by the Authority ^aforesaid,
That no putting in Charge nor standing in super, nor taking or
Answering the Farm Eents' Eevenues of Profits of any of the
said Manors, Lands, Tenements or Hereditaments by Force, Colour
or Pretext of any Letters Patent or Grants of Concealments or
defective Titles, or of Manors, Lands, Tenements or Hereditaments
out of Charge, or by Force, Colour or Pretext of any inquisitions,
Presentments by or by Eeason of any Commission or other Au-
thority to find out Concealments, defective Titles, or Lands, Tene-
ments or Hereditaments out of Charge shall be deemed construed
or taken to be putting in Charge, standing in super, or taken or
answering the Farm Eents, Eevenues or Profits by or to his
Majesty, or any of his Progenitors or Predecessors, Heirs or Suc-
cessors, unless thereupon such Manors, Lands Tenements or Here-
ditaments have been or shall be, upon some Information or Suit
on the Behalf of his Majesty or some of his Progenitors or Pre-
decessors, Heirs or Successors upon a lawful Verdict given or to
be given or demurrer in law adjudged, or upon a hearing Ordered op
Decreed for his Majesty or some of his Progenitors or Predecessors,



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866 LAWS OF THE COLONY OF NEW YORK.

Heirs or Successors or of some of them within the Space of Sixty
years next before the filing, issuing or commencing of every such
Action, Bill, Plaint, Information, Commission or other Suit or
Proceeding as shall. at any Time or Times hereafter be filed issued
or commenced for recovering the same or in respect thereof ai
aforesaid.

Provided also, That this Act shall not be in force, until the same
shall have received the Koyal Approbation,

[CHAPTER 1739.]
[See chapters 1308, 1429, 1533. Expired, January 81, 1783.]

An Act to revive and amend the two Acts

therein mentioned respecting Pot and Pearl

Ashes.

[Passed, April 8, 1775.1

Be it Enacted by his Honor the Lieutenant Oovemor the
Council and the General Assemhhjy and it is hereby enacted by
the Authority of the same^ That the Act entitled, "An Act to
prevent Prauds by the adulteration of Pot-Ash and Pearl-Ash,"
passed in the seventh year of his present Majesty's Reign; and
the Act entitled, " An Act the better to ascertain the Quality of
Pot and Pearl Ashes," passed in the twelfth Year of his present
Majesty's Rergn shall be and are hereby 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 three, and from thence to the End of the then
next Session of the General Assembly.

And be it further Enacted by the Authority aforesaid. That
Joseph Allicocke shall be and hereby is appointed the Officer for
viewing and examining all Pot Ashes and Pearl Ashes, that are
intended to be shipped for Exportation directly from the Port of
New York, in the Room of Abraham De La Montagnie deceas^^d,
and shall take the same Oath, have the same Powers, and be liable
to the same Penalties as the Officer appointed in and by the last
abovementioned Act, any Thing herein or in the beforementioned
Acts contained to the contrary thereof in any wise notwithstanding.

Provided always, And be it Enacted by the Authority aforesaid
that if a vacancy shall happen in the Office of Inspector for the
City and County of Xew York the same shall and may be supplied
in the manner directed by the Act last abovementioned on a Va-



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•LAWS OF THE COLONY OF NEW YORK. 857

caucy in the said Office by the Death or miabehavior of Abraham
De la Montagnie And that every snch Vacancy in the Office of
Inspector for the City and County of Albany may be supplied by
an Appointment to be made by the Mayor Recorder Aldermen
and Commonalty of the City of Albany or the Major part of
them and that the Inspector for the said City and County of Albany
for the time being shall Brand each Cask so by him Inspected with
the Words ^i^^VZic beneath his own Name and before
he proceeds to execute his said Office shall take an Oath v/ell and
faithfully to perform the Duties required as well by this A'ct as
by the Acts hereby Revived.

And be it further Enacted by the same Authority, That the
Proprietor or Proprietors of any Pot Ashes and Pearl Ashes in-
spected in the City and County of Albany as by the said Acta is
directed, shall and may ship the same from any Port in this Colony
without being obliged to have the same re-inspected at such Port.

Provided always, That before such Pot Ashes and Pearl Ashea
so intended to be shipped from any other Port in this Colony,
other than from the City and County of Albany, the Proprietors
or Proprietors of the game his or their Agent or Factor shall pro-
duce to the Inspector of Pot Ashes and Pearl Ashes for the time
being in the City of New York an Invoice of such Pot Ashes or
Pearl Ashes specifying the Numbers and Marks of the Casks con-
taining the same signed by the Inspector together with an Affidavit
written on the Back thereof and sworn to by the Proprietor or
Proprietors that the Pot Ashes or Pearl Ashes mentioned in such
Invoice are bona fide his or their own Property and intended to
be shipped on his or their own Account to some Port out of thia
Colony and that he or they will not directly or indirectly sell the
same within this Colony nor order any Person to sell the same
without first giving notice thereof to the Inspector of Pot Ashes
and Pearl Ashes of the Port of New York for the time being any
Thing in the said Act or any Clause hereof to the Contrary not-
withstanding.

And be it further Enacted by the Authority aforesaid That the
said Inspectors and each of them shall have full Power and Author-
ity by Virtue of this Act and without any further or other Warrant
to enter on Board any Vessel whatsoever in the Harbours of the
Cities of New York and Albany to search for and make Discovery
of any Pot Ashes or Pearl Ashes Shipped or Shipping on Board
any such Vessel for exportation immediately from thence out of
this Colony and if the said Inspectors or any or either of them



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858 LAWS OF THE COLONY OF NEW YOKE.

shall on sucli search Discover any Cask or Casts of Pot Aslies
or Pearl Ashes not Branded as before directed the Person or Per-
sons so Shipping the same shall forfeit all and every such Cask
and Casks of Pot Ashes and Pearl Ashes so Shipped or Shipping
and not Branded in the. manner before directed And the Master
or Commander of such Vessel who shall knowingly receive any
such Cask or Casks of Pot Ashes or Pearl Ashes not branded as
aforesaid shall forfeit and pay for each Cask so received on board
his Vessel the sum of forty Shillings and if any person shall ob-
struct or hinder the said Inspectors or any or either of them in
making such search as aforesaid every Person so offending shall
forfeit and pay the sum of Fifty Pounds.

[CHAPTER 1740.]
[Expired, January 31, 1776.]

An Act for the more equal Taxation of
Estates in the County of Orange.

tPassed, April 3, 1775.1

FoRASitcrcH as the Method heretofore practised for the taxation
of Estates in the County of Orange, hath not been as equal and
just as it is conceived it might be,

Be it therefore Enacted by his Honor the Lieutenant Governor
the Council and the Oeneral Assemblpy and it is hereby enacted
by the Authority of the samej That before the first Tuesday in
April next, it shall and may be lawful for Daniel Everitt, Kichard
Edsall, Nathaniel Roe Junior and Gilbert Bradner Esquires or
the major Part of them, and they are hereby directed and re-
quired to divide the Precinct of Goshen into ten Districts; and
that Captain Elihu Mervin, Nathaniel Strong, Jeremiah Clark
and Austin Smith or the major Part of them shall divide the
Precinct of Cornwall into six Districts, and that Tennis Cooper,
David Pye, and Ann Hawkes Ilay Esquires or the major Part of
them shall divide the Precinct of Haverstraw into three Districts
and the Precinct of Orange Town shall be considered as one
District.

And be it further Enacted by the Authority aforesaid, That
it shall and may be lawful for the Freeholders and Inhabitants
of each of the respective Towns and Precincts within the said
County, to choose and elect, at their next annual Meeting:, a Person
being a Freeholder inhabitant within every such District within
the said County and Precincts, for an Assessor of such District,



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LAWS OF THE COLONY OF NEW YORK. 859

"which Assessors so chosen in each of the Districts aforesaid, 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 the said
County in the Words following to wit, " I A B, do solemnly swear
that I will well and truly, equally and impartially according to
the be^t of my Skill Knowledge and Judgment assess every Part
of the real Estate, (Woodland only excepted,) and also every
Part of the personal Estate of every Person within the District
for which I am chosen assessor and all such as have Estates therein
according to the Directions of an Act entitled An Act for the
more equal Taxation of Estates in the County of Orange, so help
me God." And that the said Assessors so chosen and qualified
shall respectively make an Assessment of their Districts; and that
the said Assessors of the several Districts of each Precinct shall
thereupon meet together, and make out a true and Exact List in
one Book of all the Names of the Freeholders and Inhabitants of
the several Districts within their Precincts respectively, and
against the Names of every such Person shall set down the Value
of all his or her Estate real and Personal as near as they can dis-
cover the same to be within the same Precinct, setting down for
every hundred Pounds real Value in such Assessment as aforesaid
five Pounds and in that Proportion for a greater or lesser Sum,
which List or Lists the said Assessors shall deliver to the Super-
visors of the said County on or before the last Tuesday in Septem-
ber in every Year.

And for the more equal and just Assesswient and Collection of
the Taxes, or Rates to be imposed upon the said several Precincts
in the said County of Orange, Be it further Enacted by the
Authority aforesaid. That every Assessor shall assess the real and
personal Estate of every Person within his District according to
the following Plan, and in no other Manner or way whatsoever, to
wit. Improved Lands at the Bate of one Pound ten Shillings per
Acre; Horses above the Age of three Years, and under the Age of
sixteen Years at six Pounds, above the Age of two and under the
Age of three Years at three Pounds, above the Age of one and
under the Age of two Years at one Pound ten Shillings; Oxen
and Steers of four Years old and upwards at three Pounds ten
Shillings; Cows and other neat Cattle of three Years old and up-
wards (except Oxen and Steers of four Years old and upward)
two Pounds; Young Cattle, above the Age of two and under the
Age of three Years at one Pound five Shillings; Young Cattle
above the age of one, and under the Age of two Years at twelve;



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860 LAWS OF THE COLONY OF NEW YOKE.

Shillings; Sheep and Hogs upwards of six Months old at five
Shillings; Male Slaves above the Age of fifteen and under the
Age of forty Years at thirty Pounds; of the Age of forty and up-
wards, and under the Age of fifty Years at fifteen Pounds; of the
Age of ten and upwards, and under the Age of fifteen Years at
eighteen Pounds; and above the Age of seven and under the Age
of ten Years at ten Pounds; Female Slaves of the Age of fifteen
and upwards and under the Age of forty Years at Twenty Pounds,
of the Age of forty and upwards and under the Age of fifty
Years at ten Pounds, of the Age of ten and upwards and under
the Age of fifteen Years at twelve Pounds, and above the Age
of seven and under the Age of ten Years at eight Pounds, Fur-
naces and Forges at the Discretion of the Assessors not exceeding
three hundred Pounds, Grist-Mills, Fulling-Mills and Saw-Mill3
not exceeding three hundred Pounds, nor less than thirty Pounds,
every Storekeeper not exceeding two hundred Pounds nor less than
twenty Pounds, every Blacksmith that follow hl3 Trade at the
Discretion of the Assessors.

And be it further Enacted that every Person subject to sucli Tax
or charges shall at all Times when required by the Assessor of the
District wherein he resides, give him a View of all the improved
Lands in his Occupation, and a just Account of all the Horses
Cattle and Chattels which are his property, and ought to be sub-
ject to such Tax or Charge, and if any Person shajl secrete or con-
ceal from the Assessor any Part of his improved Land, Horses
Cattle or Chattels which ought to have been subject to such Tax
or Charge, he shall forfeit and pay for every such Concealment,
the Sum of three Pounds to be recovered by the Assessor of the
District where the said Delinquent lives, with full Costs of Suit,
before any Justice of the Peace by the Oath of one or more cred-
ible AVitnesses, two thirds of which Forfeiture shall go to the Use
of the Poor of the Precinct, and the other third to the Use of the
Informer and in Case the said Assessor shall not prosecute for the
said Fine of three Pounds when so as aforesaid forfeited, and
the same shall come to his knowledge, then and in that Case the
said Assessor shall forfeit the Sum of three Pounds to be recovered
by the Supervisor of the said Precinct where such Assessor shall
live, with full Costs of Suit, before any Justice of the Peace,
and be applied to the Use of the Poor of the said Precinct, which
said Supervisor is hereby directed to sue for the same, \

And be it further Enacted by the same Authority, That the
said Supervisors shall at their annual Meeting on the first Tuesday



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LAWS OF THE COLONY OF NEW. YOEK. 861

in October make the Quota of each respective Person or Persona
according to the Total Sum of the List or Lists returned as aforesaid
is directed by this Act and not otherwise, and that the Clerk of
the Supervisors shall transcribe the List or Lists, and add to each
Person's Rate the Sum or Proportion 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 Supervisors or the
major Part of them are hereby required to issue their Warrant
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 Collectors, chosen and
elected at the annual Town Meetings for choosing of Officers shall
refuse to take the Office upon him or them, or if having accepted
the same shall neglect his or their Duty therein, every Person 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 if any Assessor shall refuse or neglect to serve as aforesaid
then and in that Case the Justices of the Peace of the Precinct,
(or the major Part of them) whereiYi the said Assessors lives, are
hereby authorized impowered and required under their Hands and
Seals to nominate and appoint Assessor or Assessors in the Room
Stead and Place of such Assessor or Assessors so refusing or neg-
lecting to serve, who shall be the Assessor or Assessors to all Intents
and Purposes, have the like Powers and be subject to the same
Eules, Pains and Penalties as any Assessor chosen and elected as
is before directed by this Act, any Law Usage or Custom to the
contrary in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid, That
every Assessor, as a Reward for his Trouble shall be freed and
excused from working on the Highways within his District, and
the Overseer of the Highways of his District is hereby directed
to excuse him accordingly, and in delivering up his Account to
the Commissioners of his Work done on the Highways shall make
Buch exception in his Oath.

And be it further Enacted by 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



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«62 LAWS OF THE COLONY OF NEW YOEK.

thousand seven Hundred and seventy shall be and hereby is aus-
pended during the Continuance of this Act.

And be it Enacted by the same Authority, That this Act shall



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 86 of 92)