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 9 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 9 of 92)
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BE IT THEREFORE ENACTED by the Authority aforesaid
that if any or either of the said Wharfs shall at any Time or
Times hereafter be so incumbered as to Subject the same to any
or either of those Inconveniencies, the Owner or Wharfinger of
such Wharf and Wharfs respectively for the Time being, shall
cither personally warn or by Notice in Writing to be left at the
Place of Residence of the Owner or Owners of such Lumber or
other Goods, their Factor or Factors, require him or them to
remove the same from thence within a reasonable Time, and if
the same shall not be removed accordingly the Owner of said
Wharf, or Wharfinger is hereby impowered to remove the same^
and keep them in his Custody till the whole Charges attending



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LAWS OF THE COLONY OF IfEW. TOBB;:; i ... ^3

the remoral be paid by the Owner or Claimer of Buch Goods, and
in Case the Owner or Factor is not to be found, the Owner of said
Wharf or Wharfinger shall and may at his discretion, remove the
said Qoods as before directed.

IX PROVIDED ALWAYS, AND BE IT ENACTED by the
same Authority that Nothing herein contained, shall impair the
Bight which the Mayor Aldermen and Commonalty of the City
of New York hare to the Docks and Slips herein before men-
tioned, but the same shall be saved to them and their Successors
as fully as if this Act had hot passed.

This Act to be and continue of force from the Publication
thereof to the first Day of January which will be in the Ye&r of
our Lord one thousand seven hundred and eighty.

(CHAPTER 1442.]
[Chapter 1442 of Van Schaack, where the title only Is printed.]

An Act to enable the Mayor Recorder
and Aldermen of the City and County of New
York to raise and pay into the Treasury the
Arrears of Taxes due from the said City and
County,

[Passed, January 27, 1770.]

WHEREAS It appears by the Accounts of Abraham Lett
Esquire Treasurer of this Colony, that the said City and County
of New York is in arrear the Sum of eight thousand six hundred
and eighty Pounds three shillings and six Pence half penny for
Taxes laid by several Acts of Assembly for cancelling Bills of
Credit emitted by this Colony.

BE IT ENACTED by his Honor the Lieutenant Governor the
Coundl and the General Assembly, and it is hereby enacted by
the Authority of the same that the M^yor Recorder and Alder-
men of the City of New York, or any five of them (whereof the
Mayor or Recorder to be one) shall and they are hereby enabled
authorised directed and required at any Time after the Publica-
tion of this Act, and before they cause any Part of the aforesaid
Sum to be raised diligently and strictly to examine how such
Deficiencies or Arrears have happened; and if it shall appear that
any particular Person or Persons, Collector or Collectors of any
or either of the Wards within the City of New York have been
deficient In collecting and paying any of their Quotas or Shares
of the said several and respective Taxes laid by the several
beforementioned Acts on which the aforesaid Arrearages have



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M LAWS OF THE COLOUT OF HEW YOBK*

arisen, radi Deficiency or Defldendes 8o discovered Aall be laid
on, levied and collected from such particular Person or Persons^
Collector or Collectors of any or either of the Wards where anck
Deficiency or Defidendes, hath or have happened, and in Case of
Failure of Payment the said Mayor Becorder and Aldermen or
any five of them, (whereof the Mayor or Becorder to be one) are
hereby fully authorized and impowered to convene before them
such particular Person or Persons, Collector or Collectors, and
to cause them to give Information upon Oath relative to such
Arrears of Taxes as aforesaid that they may thereby be enabled
to liquidate the Sum or Sums such Delinquent or Delinquents ts
or are to pay, and if any such Person or Persons, Collector or
Collectors shall refuse or Neglect to appear before the said Mayor
Becorder and Aldermen being duly required by them so to do, or
shall refuse when he or they shall or do appear to give sudi
Information as aforesaid, each Person so refusing shall for every
such Offence forfeit the sum of one hundred Pounds current
Money of this Colony to be recovered by Action of Debt to be
brought by and in the Name of the Treaaurer of this Colony and
applied towards discharging the Arrears of Taxes now due from
said City.

AND BE IT PUBTHEB ENACTED by the Authority afore-
said that in Case any of the said particular Person or Persons
Collector or Collectors who shall appear to have any Part of tbe
said Arrears in their Hands shall neglect or delay to make their
respective payments to the Treasurer of this Colony (for sudi
Arrears as shall be liquidated by the said Mayor Becorder and
Aldermen, and appear to be in the Hands of such Person or Per-
sons Collector or Collectors) for the Space of three Months next
after the Publication of this Act, that the said Treasurer of the
Colony shall be and hereby is enabled directed and required iA
his own Name to commence Actions for the same in the Supreme
Court of this Colony within one Month after such Default made
by any such particular Person or Persons, Collector or Collectors
and prosecute the same to effect, and in Case the Treasurer of
this Colony shall neglect his Duty herein all such Sum or Sums
of Money so liquidated as aforesaid and unpaid shall be deemed,
taken and esteemed to be in his Hands and he shall be chargeable
therewith as if he had actually received the same.

AND BE IT FUBTHER ENACTED by the Authority afore-
said that the said Arrear of Taxes which shall appear to be justly
due owing unpaid and in arrear from the several and respective



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lAWS OP THE COLONY OF HEW TOBE. 6&

Wards within the said City, shall be raised assessed and levleS
by a Fublio Tax upon the Estates real and personal of all and
eyery the Freeholders Inhabitants and Besidents within the
several and respeotive Wards aforesaid according to the seyeral
Proportions which are still due unpaid and in Arrear from the
said several and respective Wards and shall be collected gathered
In and paid unto the Treasurer of this Colony, one half thereof
by the first Tuesday in November which will be in the Year of our
Lord one thousand seven hundred and seventy, and the other
half thereof by the first Tuesday in November which will be in
the Year of our Lord one thousand seven hundred and seventy
one, any Thing herein before contained to the contrary thereof
in dny wise notwithstanding.

[OHAPTER 1443.]

[Chapter 1448 of Tan Schaack^ where the act is printed in full* Seft
tiiapter 88 and chapter 812.]

An Act to amend an Act intitled '*Ab
*'Act for settling a Ministry and raising «
<* Maintenance for them in the City of New
"York, County ef Richmond, West Chester
'*and Queen's County, and an Act intitled.
"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.'* so far as the same relates to
the election of the Church Wardens and Ves-
trymen of the City of New York.

[Passed, January 27, 1770.]

WHEREAS by the third Clause in the Act intitled "An Act
" for settling a Ministry and raising a Maintenance for them in
"the City of New York, County of Richmond, West Chester and
" Queens County,*' it is therein enacted that the respective Jus-
tices of ev^ry City and County aforesaid, or any two of them shall
every Year issue out their Warrants to the Constable to summon
the Freeholders of every City County and Precinct aforesaid
together on the second Tuesday in January for choosing ten Ves-
trymen and two Church Wardens. AND WHEREAS by the first
Clause in an Act intitled. " 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." it is therein
enacted that on the second Tuesday in January next^ and on tho



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80 lAWS OF THE COLOHT OP NEW YOEE.

second Tuesday In January !n erery Tear forerer tKereaffer,
there shall be chosen fourteen Vestrymen, that is to say, two
Vestrymen for each and eyery Ward within the said City. To
render the said Time commodious and convenient for the Inhabit*
ants of the said City.

BE IT ENACTED by his Honor the Lieutenant Governor the
Council and the General Assembly, and it is heceby enacted by
the Authority of the same, that from and after the Publication of
this Act the Justices of the Peace for the City and County of New
York or any two of them shall every Year issue their Warrants
to the Constables of each respective Ward at least two Days
before th3 Day of Election for choosing Aldermen and other
OflBcers, to summon the Freeholders of the said City and County
to meet at the City Hall in the said City on the same Day on
which the Aldermen, Assistants and other Officers of the said
City are elected and then and there to choose by plurality of
Voices two Church Wardens, and Overseers of the Poor, and
fourteen Vestrymen, two for each Ward of said City, any Thing
in the said Acts contained to the contrary in any wise
notwithstanding,

[CHAPTER 1444.)

[Chapter 1444 of Yan Schaaclc, where the act Is printed in fuIL See
chapter 1855.]

An Act to revive and continue an Act
intitled. "An Act to ascertain the size of
" Casks in which white Bread shall be packed
" within the City of New York and to regu-
^^ late the Manner in which the same shall be
"sold,"

[Passed, January 27, 1770.]

BE IT ENACTED by his Honor the Lieutenant Governor, the
Council and the Qeneral Assembly and it is hereby enacted by the
Authority of the same that the Act intitled. " An Act to ascer-
"tain the size of Casks in which white Bread shall be packed
" within the City of New York and to regulate the manner in
* which the same shall be sold." passed in the eighth Year of his
present Majesty's Reign shall be and hereby is Revived, and
every clause Matter and Thing therein contained, enacted to be
and remain of Force from the Publication hereof until the first
Day of January which will be in the Year of our Lord one thou-
sand seven hundred and seventy five.



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lih^Vm OB! THB OOLOBT OK NEWj YOBEL »



(CHAPTER 1445.]

[Chapter 1445 of Van Schaack, where the act la printed la fulL 8ed
ehapten 941, 1104, 1259.]

An Act to revive an Act intitled an Act

to enable the Mayor, Deputy-Mayor, Recorder,

and Aldermen of the City of New York for

the Time being or the Major Part of them to

raise a Tax for mending and keeping in

repair the Public Wells and Pumps in the

said City to the South of Fresh Water and

other Purposes therein mentioned, with an

Addition thereto.

[Passed, Jannary 27, 1770.]

WHEREAS an Act Intitled " An Act to enable the Mayor,
** Deputy Mayor, Recorder and Aldermen of the City of New York
** for the Time being or the Major Part of them to raise a Tax for
^ mending and keeping in repair the Public Wells and Pumps in
** the said City to the South of Fresh Water and other Purposes
" therein mentioned," passed in the twenty seventh Year of the
Reign of his late Majesty King George the second, and since con-
tinued by an Act intitled. " An Act further to continue an Act
intitled. " An Act further to continue an Act intitled An Act to
" enable the Mayor, Deputy Mayor, Recorder and Aldermen of
** the City of New York for the Time being, or the Major Part of
^them to raise a Tax for mending and keeping in Repair thd
*' Public Wells and Pumj?s in the said City to the South of Fresh
'* Water with an Addition thereto," expired on the first Day of
this instant Month of January; and the same having been 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 said two Acts
shall be and hereby are revived and every Clause Matter and
Thing in the said two Acts contained enacted to be and remain
in full Force from the Publication hereof until the first Day of
January which will be in the Year of our Lord one thousand,
seven hundred and eighty.

AND WHEREAS the Money In the first mentioned Act In
ordered to be laid on the second Tuesday in January which Time
in this present year was elapsed before the passing tliis Act;



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88 LAWS OP THE COLONY OF NEW YOKKL

BE IT THEREFORE ENACTED by Ms Honor the UeulesiaBt
Governor the Council and the General Assembly and it ip hereby
enacted by the Authority of the same, that it shall and may be
lawful to and for the Mayor, Deputy Mayor or Recorder together
with three or more Aldermen of the said City at any Time within
ten Days after the Publication of this Act to order the raising for
this present Year a Sum not exceeding two hundred Pounds, for
the uses in the said first Act mentioned, to be raised in the same
Manner as the Monies in the said Act are yearly directed to be
raised.

[CHAPTER 1446.]
[Chapter li4M of Van Schaack, where t^e act Is printed In fnlL]

An Act to enable the Supervisors of the
several Counties of this Colony therein men-
tioned to take Security of their respective
County Treasurer before he enters upon the
execution of his Office.

[Passed, January 21, 1770.]
.WHEREAS several of the Counties within this Colony have
sustained considerable Losses by the Insolvency and Misconduct
of the Treasurers of the said Counties for remedy whereof for the
future.

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 Treasurer hereafter to be
diosen in each respective County within this Colony immediately
after he shall be elected Treasurer for such County, and before
he shall enter upon the Business of the said Office of Treasurer
shall enter into Bond or Obligation with sufficient Security to
the Supervisors of each respective County for the Time being in
snch Sum as the Supervisors for the Time being shall think
proper well and faithfully to execute the Office of Treasurer of
such respective County according to the Directions of the several
Laws of this Colony in such Case made and provided.

AND BE IT FURTHER ENACTED' by the Authority afore-
said that if the Treasurer of each respective County shall not
comply with the Condition of the Bond or Obligation above
directed to be given, whereby the Penalty of such Bend or Obli-
gation shall be forfeited in such Case it shall and may be lawful
for the Supervisors of each respective County for the Time being
by the Name or Names of the Supervisors of such County to com*



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LAWS OE THE COLONY OP NEW YORK. 89

tnence an Action of Debt on'snch Bond or Obligation against
such Treasurer and his Security or Securities or eitlier of them,
or their respective Heirs, Executors or Administrators in any
Court of Record within this Oolonj, and that the Monies that shali
be recovered in any such Suit or Action shall be applied towards
(defraying the necessary Charges of such respective County. • j-
PROVIDED ALWAYS that Nothing in this Act shall be con-
Btrued to extend to the Treasurer or Chamberlain of the City and
Countj of New York,

[CHAPTER 1447.]

[Chapter 1447 of Van Schaack, where the title only fs printed. The acts
revived are chapters 1121, 1143, 1166, 1315, 13G9. This act expired the Ist
Of January, 1771, and was re-enacted by chapter 1475.]

An Act to revive the several Acts therein
Bfientioned relative to Publick Highways in
the County of Albany.

[Passed, January 27, 1770.J
KVHEBEAS the Act intitled. <« An Act for regulating, clear-
"•ing and further laying out Public Highways throughout the
*' City and County of Albany," passed in the thirty third year of
^his late Majesty's Beign, and the Act intitled. ^'An Act for
^altering and explaining Part of an Act intitled An Act for
^regulating clearing and further laying out Public Highways
** throughout the City and County of Albany," passed in the first
(Year of his present Majesty's Reign, and the Act intitled. '^ An
^^ Act to amend an Act intitled An Act for regulating, clearing
** and further laying out Public Highways throughout the City
^ and County of Albany." passed in the second Year of his present
Majesty's Eeign. also the Act intitled. " An Act to impower the
** Justices of the Peace in the County of Albany in General 8es-
^ sionSy to appoint Commissioners to lay out new Beads or High-
^ ways in the said County." passed in the Seventh Year of his
present Majesty's Beign, and also an Act intitled ''An Act to
'' amend an Act intitled An Act for regulating clearing and
^further laying out Public Highways throughout the City and
•* County of Albany." passed in the ninth Year of his present
Majesty's Beign, have all expired on the first Day of January one
thousand seren hundred and seventy.

BE IT THEBEFOBE ENACTED by his Honor the Lieutenant
Clojeroor, the Council and the General Assemblj, and it is h^rel^
IS



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90 LAWS OF THE COLONY OP NEW YORK.

Enacfed by the Anthority of the same that the Baid seTeral above-
mentioned Acts shall be and hereby are revived, and every
Clause, Article, Matter and Thing in the said several Acts con-
tained, enacted to be and remain in full force and virtue to all
intents Constructions and Purposes whatsoever 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 one.

[CHAPTER 1448.]

[Chapter 1448 of Tan Schaack, where the act is printed in full. See
chapter 1403.]

An Act to amend an Act intitled, " An

^ Act to enable the Freeholders and Inhabit-
"ants of the Manor of Rensselaerwyck to
"elect six Assessors three Collectors, eight
''Constables, two Clferks, Pound Masters,
''Fence Viewers and Surveyors of the
" Highways.'*

[Passed, January 27, 1770.1

WHEREAS In and by an Act intitled " An Act to enable the
" Freeholders and Inhabitants of the Manor of Rensselaerwyck
"to elect six Assessors, three Collectors eight Constables, two
" Clerks, Pound Masters, Fence Viewers, and Surveyors of the
" Highways," it is enacted that the Supervisor and Treasurer for
the said Manor shall annually be elected and chosen at the
present dwelling House of Rebecca Dox in the said Manor. AND
WHEREAS it is conceived that it will be more convenient for
the Freeholders and Inhabitants of the said Manor to meet as
well for the Election of a Supervisor and Treasurer as for elect-
ing all other the Officers mentioned in the said Act at the dwell-
ing House of Rebecca Lombus at Cralo in the said Manor.

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 next annual Meet-
ing of the Freeholders and Inhabitants of the said Mar or of
Rensselaerwyck for electing the several Officers in the said Act
mentioned shall be held at the dwelling House in the possession
of Rebecca Lombus at Cralo in the said Manor, which shall con-
tinue to be the place of annual Meeting for electing the Officers
aforesaid for the said Manor, until such Time as a majority of the
Freeholders and Inhabitants thereof at any such Meeting shall
agree upon some other Place of Meeting for the following Year;



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.LAWS OF THE COLONY OF NEW YORK. 01

Knd then each Place so to be agreed upon, shall be the place of
annual Meeting for the purposes aforesaid until altered as afore-
said, any Thing in the said Act contained to the contrary thereof
in any wise notwithstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
said that the Supervisor of the said Manor shall Publickly read
this Act, at the next annual Meeting of the Freeholders and
Inhabitants of the said Manor for electing of the Officers afoi^
said. This Act to be in force from the Publication hereof, till
the first Day of January which will be in the Year of our Lord
one thousand seven hundred and seventy seven.

[CHAPTER 1449.]
[Cbapter 1449 of Tan Schaack, where the act Is printed in f all.J

An Act to prevent Accidents by Fire In
that Part of the Man^^;: of Rensselaerwyck
therein mentioned.

[Passed, January 27, 1770.1

WHEREAS there are many dwelling Houses and other Build-
ings in that Part of the Manor of Rensselaerwyck contiguous to
the City of Albany and on both Sides of the Street or Road lead-
ing from the said City to Water Vliet, and as many Persons there
do not use that Precaution necessary against Accidents by Fire
which may prove fatal as well to themselves as to the Inhabitants
of said City, it is therefore become highly necessary to provide
against 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 Freeholders and
Inhabitants within that Part of the Manor of Rensselaerwyck on
both Sides of the Street or Road leading from the City of Albany
to Water Vliet, be and are hereby impowered and directed as
soon as conveniently may be after the Publication of this Act to
assemble and meet together at the House at present occupied by
Rebecca Dox within the Bounds aforesaid, and then and there
by Majority of Voices elect and choose two sufficient able and
discreet Persons being Freeholders to be Overseers of the Chim-
neys and Ovens in the said District, which Persons so chosen
shall be Overseers as aforesaid from the Time of such their
Appointment until the first Tuesday in October next, and the said
I^eholders and Inhabitants are hereby impowered and directed



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M LAWS OF THE COLONY OF NEW, YORK.

on the tald first Tuesday in October, and annually thereafter oa
ihe first Tuesday in October during the continuance of this Act ta
assemble and meet together at the said House now occupied by
Bebecca Dox, and then and there by Majority of Voices elect and
choose two sufficient able and discreet Persons being Freeholders
to be Overseers of the Chimneys and Ovens in the said District
for the Year ensuing, and the said Persons so chosen are hereby
authorized and directed once in every three Weeks, or oftner if
they shall see Cause to enter the Houses of the Inhabitants dwell-
ing and residing in that Part of the Manor of Bensselaerwyck
aforesaid, and then and there examine and view into the respee-
tive Chimnies and Fireplaces of the same, and if they find that
the same are not kept clear of Soot to order and direct the Per-
son or Persons dwelling in the same to cause them to be forth-
with cleaned, and if any Person or Persons shall deny, refuse,
neglect or delay within six Hours to clean the same every such
Person and Persons being the Master or Mistress of the Family
shall respectively forfeit the sum of three shillings for every
Offence to be recovered before any one of his Majesty's Justices
of the Peace of the County of Albany for the use and benefit of
the said Overseers, and the said Persons so chosen as aforesaid
are hereby further Authorized and directed to take an exact sur-
rey or View of all the Ovens, and Places where Ashes are
gathered in the Limits and District aforesaid, and order all and
every Person or Persons there, having their Ovens or gathering
'Ashes too near any Dwelling House or other Building, to remove
the same, to a more safe and convenient Place, and if any Person
or Persons shall refuse, deny, neglect or delay to remove their
Ovens or Ashes in Manner aforesaid, he she or they shall forfeit
for every such Offence the Sum of six Shillings to be recovered
and applied in Manner aforesaid.

AND BE IT FURTHER ENACTED by the Authority afore-
said that one of the Constables for the said Manor, and for the
Time being residing in or nearest the District aforesaid shall and
is hereby required on the Day prec6eding the first Tuesday of
October in the present and every ensuing year during the Con-
tinuance of this Act, to warn the Inhabitants aforesaid to meet
on the said first Tuesday of October for the Purposes aforesaid,
and the said Constable for the Time being is hereby required to
hold the said Election.

AND BE IT ALSO ENACTED that in Case the Overseer or
Overseers so chosen as aforesaid shall refuse to act, that he and



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JLiWB OS IHE CaLQHY OF NEWj TOBBI W

iSiey shall Bererally forfeit the ram of flye Pounds f o be re&oTereS
In Manner aforesaid on Complaint of any of the said Inhabitants^
which Forfeiture shall be paid into the Hands of the Oyerseer oJ



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 9 of 92)