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A53027 Acts made the 5th Assembly, 4th session beginning the 15th day of October and ending the 3d day of November following, Anno regni Regis Guielmi Tirtia Anglia, Scotiae, Franciae, & Hiberniae, Octavo.; Laws, etc. New York (State) 1696 (1696) Wing N826; ESTC R24088 5,843 6

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Levying and paying the aforesaid Sum of 1200 l. current Money aforesaid Be it further Enacted by the Authority aforesaid That the Mayor and Aldermen of the City of New-York the Justices of the Peace for the Time being for the several respective ●ounties af●resaid for the several Counties respectively for the which they shall be Justices of the Peace do within forty days after the Publication hereof assemble and meet together in the Court houses for the several and respective Cities and Counties or such other place or places as they shall agree upon among themselves and shall there order that the Assessors and Collectors for the City of New-York and the several and respective Towns Mannors or Liberties within their several Jurisdictions for the assessing collecting and receiving of the Publick Rates for the defraying of the publick Charge of each respective City and Country aforesaid be the assessors and Collectors for the assessing Collecting and receiving the Sum or Sums of Money herein but one me … 〈◊〉 according to the Proportions before expressed 〈◊〉 to the said 〈…〉 and Justices shall 〈◊〉 meet and reasonable And forasmuch as there are severall Towns Minnors and Jurisdictions within the respective Counties aforesaid who refuse neglect or do not elect annually or once every year Assessors or … ctors whereby the intent of this and other Acts heretofore made and published may be evaded and frustrated Be it therefore Enacte● by the Authority aforesaid That if any of the respective Towns Manners or Jurisdictions within the several Counties aforesaid shall refuse neglect delay or deny to chuse or elect Assessors and Collectors for the assessing of their several respective Towns Mannors and Jurisdictions and for the Collecting the same according to the true intent meaning and directions of this and the other Acts in such case made and provided then and to such case it shall and may be lawful for the Justices of the Peace or any two of them in the Counties where such Towns Mannors and Jurisdictions are who are hereby impowered and authorized to nominate and appoint Assessors and Collectors for such Towns Mannors and Jurisdictions as shall refuse neglect delay or deny as aforesaith or heretofore have refused neglected delayed or denyed which Assessors and Collectors so nominated and appointed in manner aforesaid shall to all intents and purposes be deemed and estemed the Assessors and Collectors of the said Towns Mannors and Jurisdictions and observe and execute the Directions of this and other Acts under the Pains and Penalties in the said Act contained and mentioned And Be it further Enacted by the Authority aforesaid That the said Mayor and Aldermen the Justices of the Peace for the respective Cities and Counties Towns Mannors and Jurisdictions have and shall have by virtue of this Act full Power and Authority each of them by himself to administer to such Assessor Assessors that shall be elected or nominated and appointed in manner aforesaid That they shall Well and Truly execute the Office of an Assessor and Well Truly Equally impartially and in due proportion assess and rate the Estates of the Inhabtants Residents Sojourners and Free-holders of the respective places for which they shall be chosen elected nominated and appointed Assessors according to the best skill and knowledge and therein they shall spare no Person for favour nor affection or grieve any Person for hatred or ill will And the said Assessors are hereby required to deliver one Copy of their Assesment fairly written and subscribed by them unto the said Justices or to the Office of the Clerk of the Peace of the respective County to which they belong And the said Justices for each respective County or any two or more of them are hereby ordered and required to cause the said several and respective Assesments to them delivered to be fairly written and to sign and seal seueral Duplicates or Copies of the said Assesment and one of them so signed and sealed forth with to deliver or cause to be delivered unto the re●pective within the several and respective Cities and Counties aforesaid and shall likewise deliver or cause to be delivered another fair Copy so signed and sealed unto the Clerk of the Peace of the respective County to which they shall belong there to be filed and remain upon Record And the Clerk of the Peace of each County is hereby required to transmit the Sum of the Assesment of each Town unto the Receiver General at New-York for the time being And be it further Enacted by the Authority aforesaid That if any Person or Persons who shall be chosen elected nominated or appointed in manner aforesaid Assessors or Collectors shall deny neglect refuse or delay or unequally and partially shall assess as by this and the other Acts are required ●●o shall deny neglect refuse or delay to collect any Sum or Sums of Money in form before-mentioned assessed that then in such case it shall and may be lawful for any two of his Majesties Justices of the Peace of the City and Counties where such Offendors shall happen to dwell or reside and who by virtue of this Act are required and impowered to do the same by Warrant under Hand and ●eal to commit such Assessors or Collectors so denying refusing neglecting or delaying or unequally and partially assessing or refusing to collect as aforesaid to the common Goal there to remain without Bail or Main-prize till he or they shall make fine and Ransom to his Majesty for such his Contempt as aforesaid And upon such Commitment the Justices are speedily required to nominate and appoint other Collectors and Assessors in their stead and room And whereas there are several Persons that have shut their Doors and refused to pay the Rates assessed by virtue of several Acts of Assembly heretofore made and provided whereby he intent of the said Acts seemed to be frustrated Be it ●urther ●nacted by the Authority aforesaid That if any Person or Persons shall longer neglect or refuse to pay the several Rate and Assesments wherewith they were formerly charged by several A●ts of General Assembly heretofore made provided or hereafter shall neglect or refuse to pay the several Rates Assesments wherewith he or they are charged with this Act for or in respect of his or their Goods Chattels Lands or Tenements shall be neglected or refused to be paid then upon demand of the Collectors that shall be chosen or appointed to receive the same or within Ten days next and after the said Demand it shall and may be lawful to and for such Collectors and they are hereby required for Non-payment thereof by Warrant under the hand of two Justices of the Peace to distrain the person or persons so refusing or neglecting to pay by his or their Goods and Chattles or distrain in and upon the Messuages Lands Tenements so charged the Goods and Chattles then and there found and the Distress so taken to carry away and the same to expose to sale in the Town or County where such Distress is made and for want of buyers to carry the said Distress unto any other place in the Province for the sale of the said Distress accordingly for the payment of the said Rate or Assesment and the Over-plus coming by the said sale if any be over and above the Charges of taking and carrying away the said if any be over and above the Charges of taking and carrying away the said Distress to be immediately returned to the Owner thereof And moreover it shall and may be lawful to break open in the day time any House and upon Warrant under the hand and seals of any two or more of the said Justices any Chest Trunk or Box or other things where such Goods are and call to their assistance the Constables or any other Persons within the respective Cities Counties Towns Mannors and Juri dictions where any refusal neglect or resistance shall be made which said Officers and Persons are hereby required to be aiding assisting in the Premises And be it further Enacted by the Authority aforesaid That if any Mayor Alderman or Justice of the Peace within this Province who are hereby required impowered and authorized to take effectual care that this Act and every Article and Clause therein be duely executed according to the true intent and meaning thereof shall deny neglect refuse or delay to do perform fulfil execute all and every the Duties Powers Authorities by this Act required and impowered by him or them to be done performed fulfilled and executed and shall thereof be convicted before his Excellency the Governour and Council or before any of his Majesties Courts of Record within this Province he or they shall suffer such Pain by Fine and Imprisonment as by the discretion of his sa d Excellency the Governor and Council the Justices of the said Courts shall be adjudged And be it further Enacted by the Authority aforesaid That if any Action Plaint Bill or Information shall be brought moved or prosecuted at any time hereafter against any person or persons for any matter cause or thing done or acted in pursuance or execution of this Act such person or persons so sued or prosecuted in any Court whatsoever shall and may plead the general Issue Not Guilty and give this Act and the special matter in Evidence And if the Plantiff or Prosecutor shall be Non-suited or forbear further Prosecution or suffer Dis-continuance or Verdict to pass against him the Defendant or Defendants shall recovor tribble Costs for which they shall have the like Remedy as in case where Costs by the Law are given to Defendents Provided always That no Mayor Alder-man or Justice of the Peace shall be troubled sued prosecuted or molested for any Omission Offence or Neglect by virtue of this Act but within the space of one Year after such Omission Offence or Neglect and not at any Time hereafter any thing contained herein to the contrary hereof in any wise notwithstanding