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A53033 The laws & acts of the General Assembly for Their Majesties province of New-York, as they were enacted in divers sessions, the first of which began April, the 9th, annoq[ue] Domini, 1691; Laws, etc. New York (State) 1694 (1694) Wing N831; ESTC R3503 96,003 114

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any Town or County within this Province are hereby fully impowered and authorized to have Cognizance of all Causes Cases of Debts and Trespass to the value of Forty Shillings or under which Causes and Cases shall he heard tryed and finally determined without a Jury by every Justice of the Peace that resides within any Town or County within this Province he taking to his Assistance at the time of his hearing and determining such Cause or Cases of Debt and Trespass to the value of Forty Shillings and under one of the Free-holders of the Town and place where the cause of Action doth arise The Process of warning shall be by a summons under the Hand of the Justice directed to the Constable of the Town or Precinct or any deputed by him where the Party complained against doth live Which Summons being Personally served or left at the Defendants House two days before the Day of Hearing of the Plaint shall be sufficient Authority to and for a said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precincts or his Deputy shall and may serve Always provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the Increase of Virtue and Discouraging of Evil-doers throughout this Province Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City and County within this Province at the Times and Places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York at the City Hall of the said City four times every Year viz. The first Tuesday in May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany at the City Hall of the said City the first Tuesday in June the first Tuesday in October and the first Tuesday in February For Westchester at Westobester the first Tuesday in June and the first Tuesday in December For Vlster at Kingston the first Tuesday in September and the first Tuesday in March For the County of Richmond at the Court-House the first Tuesday in September and the first Tuesday in March For Kings County at Flatbush alias Midwout the second Tuesday in May and the second Tuesday in November For Queens County at Jamaica the third Tuesday in May and the third Tuesday in September For Suffolk County at Southold the last Tuesday in September And the last Tuesday in March at Southampton Orange County to be annixed to the County of New-York and Dutches County to the County of Vlster Which Sessions of the Peace shall only hold and continue for the space and time of two Dayes and no longer And for the more regular and beneficial Distribution of Justice to the Inhabitants of each respective City and County within this Province Be it further Enacted by the Authority a foresaid That there be kept and held a Court of Common Pleas in each respective City and County within this Province at the Times and Places hereafter named and expressed That is to say At such places in each respective County as the said Court of Sessions are to be kept and to begin the next day after the Sessions terminates and only to hold and continue for the space and time of two days and no longer And that there be one Judge with three Justice in each County Appointed and Commissionated to hold the same Court of Pleas Three whereof to be a Quorum And that the several and respective Courts hereby established shall have Jurisdiction to Hear Try and finally to Determine all Actions or cause of Actions and all Matters and Things and Causes Tryable at the Common Law of what Nature or Kind soever Provided alwayes and it is hereby enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in this Court to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding Provided alwayes and it is hereby Enacted That the Courts of Mayor and Aldermen of the respective Cities of New York and Albany shall have in each of their respective Cities the Power and Authority to Hear Try and finally to Determine all such Actions and Suits as is commonly cognizable before them from which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding To which respective Court of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made And one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular Proceedings in the said Court all Processes and Writs of what Nature soever for the Command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each City and County within this Province and executed by them their Under-Sheriffs or Deputy or Deputies And all Processes and Writs for Actions betwixt Party and Party in the said Court shall issue out of the Office of the Clark of the Court in each City and County respectively signed Per Curiam And that Their Majesties Subjects inhabiting within this Province may have all the good proper and just wayes and means for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby Enacted and Ordained by Authority aforesaid That there shall be held and kept a Supream Court of Judicature which shall be duely and constantly kept at the City of New-York and not else-where at the several and respective Times hereafter mentioned And that there be five Justices at least appointed and commissionated to hold the same Court Two whereof together with one chief Justice to be a Quorum Which Supream Court is hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within Their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons
of the Town or Precinct or any deputed by him where the the Parry complained against doth live which Summons being Personally served or left at the Defendants House two dayes before the Day of Hearing of the Plaint shall be sufficient Authority to and for the said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereupon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precinct or his Deputy shall and may serve Alwayes provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the encrease of Virtue and the discouraging of Evil-Doers Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City County within this Province at the times and places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York and Quange County at the City Hall of the said City four General Quarter Sessions of the Peace annually and every Year upon the first Tuesday of May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany three General Sessions of the Peace at the City Hall of the said City annually and every Year on the first Tuesday in June on the first Tuesday in October and on the first Tuesday of February And for the County of Westchester two General Sessions of the Peace annually and every Year at Westchester on the first Tuesday of June and on the first Tuesday of December And for the County of Vlster and Dutches County two General Sessions of the Peace annually and every Year at Kingston on the first Tuesday of March and the first Tuesday of September And for the County of Richmond two General Sessions of the Peace annually and every Year at the Court House in the said County on the first Tuesday in March and the first Tuesday of September And for Kings County two General Sessions of the Peace annually and every Year at Flatbush or the second Tuesday of May and on the second Tuesday of November And for Queens County two General Sessions of the Peace annually and every Year at Jamaica on the first Tuesday in May and on the third Tuesday of September And for Suffolk County two General Sessions of the Peace annually and every Year on the last Tuesday in March at Southampton and on the last Tuesday of September at Southold Which General Sessions of the Peace in each respective City and County aforesaid shall only hold and continue for the space and time of two dayes and no longer And for the more Regular and Beneficial Distribution of Justice to the Inhabitants of each respective County aforesaid Be it further Enacted by the Authority aforesaid That there shall be kept and holden a Court of Common Pleas in each respective County aforesaid at the Times and Places hereafter named and mentioned That is to say At such Places in each respective County as the said General Sessions of the Peace are to be kept and to begin the next day after the Sessions terminate and then only to hold and continue for the space and time of Two Dayes after and no longer And that there be a Judge assisted with three Justices of the Peace in each respective County appointed and commissionated to hold the same Court of Pleas three whereof to be a Quorum And that the several and respective Courts of Pleas hereby established shall have Power and Jurisdiction to Hear Try and finally determine all Actions or Cause of Actions and all Matters and Things and Causes tryable at the Common Law of what Nature of Kind whatsoever so that the Action or Cause of Action the Matter Thing and Cause Tryable and the Nature and Kind thereof doth not relate to or concern Titles of Land Provided always and it is hereby Enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in the said Courts of Pleas to the Value of Twenty Pounds or under any thing contained herein to the contrary hereof in any wayes notwithstanding And it is further Enacted by the Authority aforesaid That the Courts of Mayors and Aldermen of the respective Cities of New-York and Albany shall have in each of their respective Cities the Powers and Authorities to Hear Try and finally to Determine all such Suits and Actions of their Corporations as is commonly cognizable before them From which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing herein contained to the contrary hereof in any wayes notwithstanding To which respective Courts of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made and one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular proceedings in the said Court all Process and Writs of what Nature soever for the command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each County aforesaid and executed by them their Under-Sheriffs or Deputy or Deputies And all Process and Writs for Actions betwixt party and party in the said Court shall issue out of the Office of each respective Clark of each respective Court signed Per Curiam Provided alwayes That nothing herein contained shall be taken or construed to take away the Priviledge of the Town of Kingston in the County of Vlster for the hearing and determining all Actions and Cause of Actions arising within the Liberties of the said Town to the value of five Pounds under any thing contained herein to the contrary hereof in any ways notwithstanding And that all their Majesties Subjects inhabiting within this Province may have all the good proper just easie and beneficial wayes for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby further Enacted and Ordained by the Authority aforesaid That there shall be at New-York a Supream Court of Judicature the which shall consist of five Justices which shall be appointed and commissionated for that purpose two whereof together with one chief Justice to be a Quorum Which Supream Court are hereby fully impowered to
persons for any matter cause or thing done or acted in pursuance or execution of this Act such person or persons so sued or presented in any Court whatsoever shall and may plead the general Issue Not Guilty and upon any Issue joyned may 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 Discontinuance or Verdict to pass against him the Defendant and Defendors shall recover their Trible Costs for which they shall have the like Liberty as in any case where Costs by Law are given to the Defendant Provided alwayes That no Mayor Aldermen or Justices 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 herein contained to the contrary in any wise notwithstanding An Act to ease People that are scrupulous in Swearing FOrasmuch as there are sundry Persons within this Province and Dependencies out of a tender Conscience refuse to give their Evidence on Oath in any matter or thing depending in any of the Courts within the same Be it therefore Enacted by the Governour and Council and Representatives now met in General Assembly and by the Authority of the same That in such case the person or persons so refusing the same shall give in or deliver their Evidence or Testimony in manner form following that is to say I A. B. do solemnly promise as in the presence of God to speak the Truth the whole Truth and nothing but the Truth to the matter or thing in question And be it further Enacted by the Authority aforesaid That if any such person or persons so refusing as aforesaid shall be summoned to serve upon any Jury in any Court within this Province then such person or persons shall make the Engagement following that is to say I A. B. do solemnly promise as in the presence of God that I will well and truly try the Issue between C. D. Plantiff and H. I. Defendant according to Evidence And in case any such person or persons so called to Evidence and to serve upon any Jury and declaring as aforesaid shall afterwards be convicted of willfull Falshood that then and in such case such person or persons shall undergo the same punishment as in case of willfull Perjury is appointed and privided An Act for Pardoning such as have been active in the late Disorders THe Governour and Council and Representatives convened in General Assembly taking into their serious Consideration the many great Troubles and Disorders that have been lately within this Province and that by occasion thereof and otherways many of their Majesties Subjects are fallen into danger of and lie open to great Penalties and Forfeitures And withal considering the Ignorance of many and the dutiful Affections of others of their Majesties Subjects out of an earnest desire to deliver them from the Penalties and Forfeitures aforesaid and to the intent that their Offences may not hereafter be brought in Judgment Question or Remembrance to the least endamagement of them either in their Lives Liberties Estates or Reputations but that they having an entire Confidence in their Majesties and perfect Union among themselves may be encouraged in their Duty to their Majesties Government and more fully and securely enjoy the benefit of it It is therefore necessary that there be extended unto them a general and free Pardon that all their Majesties Subjects by this Clemency and Indulgence may be the better induced henceforth more carefully to observe the Laws and perform their Loyal and due Obedience to their Majesties Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That all and every of the said Subjects inhabiting within this Province their Heirs Executors and Administrators and every of them shall be and are by the Authority of this present Assembly acquitted pardoned released and discharged against their Majesties their Heirs and Successors and every of them of and from all manner of Treasons Fellonies Misprisons of Treason T●e●sonable or Seditious Words and Libills Misprisons of Fellony Seditious and Unlawful Meetings and of all Offences whereby any person may be charged with the penalty and danger of Praemunire And also from and of all Riots Routs Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanours Forfeitures Penalties Pain of Death Pains Corporal and Pains Pecunary and Generally of and from all other Things Causes Quarrels Suits Judgments and Executions in this present Act not hereafter excepted which may be or can by their Majesties in any ways or by any means pardoned before the 19th day of March last past to any of the Subjects aforesaid And be it further Enacted by the Authority aforesaid That this Pardon shall be as good and effectual in the Law to every of their Majesties said Subjects in for and against all things which be not hereafter in this present Act excepted as the same Pardon should have been if all Offences Contempts Forfeitures Causes Matters Suits Quarrels Judgments Executions Penalties and all other things not hereafter in this present Act excepted had been particularly singularly specially and plainly named rehearsed and specified and also pardoned by express words and names in their kinds natures and qualities by words and terms thereunto requisit to have been put in and expressed in this present Act of Pardon That their said Subjects or any of them their Heirs Executors and Administrators or any of them be not or shall be sued vexed or unquieted in their Bodies Goods Chattels Lands or Tenements for any manner of Matter Cause Contempt Misdemeanour Forfeiture Trespass Offence or any other thing suffered done committed or omitted before the 19th day of March against their Majesties their Crown Dignity Prerogative or the Laws or Statutes of their Majesties Realm of England and this Province but only for such Matters Causes and Offences as be rehearsed mentioned or in some ways touched in the Exceptions of this present Act excepted and for none other any Statute Law Custom or Usage heretofore had made or used to the contrary in any ways notwithstanding And be it further Enacted That all and every their Majesties Subjects may by him or themselves or by his or their Attorney or Attorneys according to the Laws of England and this Province plead and minister this present Act of Pardon for this or their discharge of or for any thing that is by virtue of this Act pardoned discharged given or granted without any Fee or other thing paying to any person or persons for writing or entring of the Judgments or other Cause concerning such Plea Writing or Entry but only three Shillings to be paid to the Officer or Clark that shall enter such Plea Matters for Judgment or the party's Discharge in that behalf any Law Custom or
Aldermen within the City of Albany with the Justices of the Peace for the City and County of Albany for the time being and the Justices of the Peace for the time being for the several respective Counties aforesaid for the several Counties respectively for the which they shall be Justices of the Peace do within forty dayes after the publication hereof assemble and meet together in the Court Houses for the several 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 several respective Cities Towns Mannors or Liberties within their several Jurisdictions for the assessing collecting and receiving of the publick Rates for the detraying of the publick Charge of each respective City and County aforesaid be the Assessors and Collectors for the assessing collecting or receiving the sum or sums of Money herein before mentioned according to the Proportions before expressed as to the said Mayors Aldermen and Justices shall seem meet and reasonable And forasmuch as there are several Mannors and Ju●isdictions within the respective Counties aforesaid who neglect or do not elect annually or once every year Assessors or Collectors whereby the intent of this Act may be frustrated Be it therefore Enacted by the Authority aforesaid That if the respective Mannors Jurisdictions within the several Counties aforesaid shall refuse or neglect to elect Assessors and Collectors for assessing of their respective Mannors or Jurisdictions and for the collecting the same according to the intent and direction of this Act then and in such case the Justices of the Peace in the Counties where such Mannors or Jurisdictions are are hereby impowered and authorized to nominate and appoint Assessors and Collectors for such Mannors or Jurisdictions as shall neglect or refuse as aforesaid Which Assessors and Collectors shall to all intents and purposes observe the directions of this Act any thing contained herein to the contrary hereof in any ways notwithstanding And be it further Enacted by the Authority aforesaid That the said Mayors Aldermen and Justices of the Peace for the respective Cities Counties Mannors and Jurisdictions have and shall have Power and Authority by virtue of this Act each of them by himself to administer an Oath to the said Assessors Well and truly equally impartially and in due Proportion as it shall appear to them according to their best Vnderstanding to assess and rate the Inhabitants Residents and Free-holders of the respective places for which they shall be chosen Assessors And be it further Enacted by the Authority aforesaid That if any Person or Persons who shall be chosen Assessors or Collectors shall deny neglect or unequally and partially assess or refuse to make such Assesment as by this Act is required or shall deny neglect or refuse to collect any sum or sums of Money in form before mentioned assessed that then and in such case it shall and may be lawfull for any two of their Majesties Justices of the Peace of the Cities 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 their Hands and Seals to commit such Assessors or Collectors so denying neglecting or unequally and partially assessing or refusing to collect as aforesaid to the common Goal there to remain without Bail or Mainprise till be or they shall make Fine or Ransom to their Majesties for such Contempt as aforesaid And be it further Enacted by the Authority aforesaid That if any Person or Persons of what Degree or Quality soever he or they be within this Province who shall be assessed or rated any sum or sums of Money by virtue of this Act to be raised and-levied shall deny refuse or delay to pay and satisfie the same that then it shall and may be lawfull for any such Collector by virtue of a Warrant under the Hand of any of the Justices for the City and County where such Offendors shall dwell or reside who by virtue of this Act are required and authorized to grant and issue forth such Warrant to levy the same by distress and safe of such Person or Persons Goods and Chattels returning the Over-plus if any be to the Owners the sum assessed and Charges of Distress and Sale being first deducted And also be it further Enacted by the Authority aforesaid That if any Mayor Aldermanor Justice of the Peace within this Province who are hereby required impowered and authorized to take effectual care that this Act and every Clause therein beduely executed according to the true and genuine sence and intent thereof shall deny refuse neglect or delay to do perform fullfill and execute all or every or any of the Duties Powers and Authorities by this Act required and impowered by him or them to be done performed fullfilled and executed and shall thereof be lawfully convicted before any of their Majesties Courts of Record within this Province he or they shall suffer such pain by Fine or Imprisonment as by the Discretion of the Justices of the said Courts shall be adjudged And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or presented 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 Discontinuance or Verdict to pass against him the Defendant or Defendors shall have trible Costs for which they shall have like liberty as in case where Costs by Law are given to Defendants Provided alwayes That no Mayor Aldermen or Justices 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 thereafter any thing herein contained to the contrary hereof in any wise notwithstanding Alwayes provided and be it further Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have the liberty to pay the several and respective sums assessed as aforesaid at the day aforementioned in Silver Money or for want thereof in good sufficient and merchantable Provisions at the currant Market Price in Silver Money at New-York any thing contained herein to the contrary hereof in any ways notwithstanding An Act for the Regulating the Buildings Streets Lanes Wharffs Docks and Allyes of the City of New-York WHereas the City of New-York and Metropolis of this Province was chiefly erected by the Inhabitants thereof for the propagating and encouragement of Trade and Commerce and for the good benefit
keeping a perfect and distinct Account as the same shall come in Which Sum or Sums of Money so by him received as aforesaid shall not be seperated or paid unto any other Person or Persons whatsoever but unto such as shall lend any Money to the Commander in chief c. upon the Credit of this Act who shall immediately have a Warrant and an Order for the Repayment bearing the same date in which he paid his Money wherein shall likewise be contained the Interest for forbearance and that all Orders for Re-payment shall be Registered in course according to the date of the Warrant respectively without preference of one before another And that all and every Person or Persons shall be paid in course according as their Orders shall stand Registered or entred and that the Money to come in by this Act shall be in the same Order lyable to the satisfaction of the said respective Parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not to be divertible to any o●her use intent or purpose whatsoever And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or presented 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 su●fer Discontinuance or Verdict to pass against him the Defendant or Defendors shall have trible Costs for which they shall have like liberty as in case where Costs by Law are given to Defendants Provided alwayes That no Mayor Aldermen or Justices 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 thereafter any thing herein contained to the contrary hereof in any wise notwithstanding Alwayes provided and be it further Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have the liberty to pay the several and respective sums assessed as aforesaid at the day aforementioned in Silver Money or for want thereof in good sufficient and merchantable Provisions at the currant Market Price in Silver Money at New-York any thing contained herein to the contrary hereof in any ways notwithstanding An Act for the destroying of Wolves BE it Enacted by the Commander in chief and Council and Representatives couvened in General Assembly and by the Authority of the same That for the destroying of Wolves who have lately increased very much to the great discouragement of Pasturage and encrease of Sheep and Cattle That whatsoever Christian shall kill a grown Wolf upon Long-Island or Staten-Island he shall have for each Wolf that shall be killed twenty Shillings to be paid out of the publick Treasury of each respective County where the Wolf shall be killed and for a Wolf Whelp above half a year old there shall be paid as aforesaid ten shillings And whatsoever Indian shall in like manner kill any Wolf shall have for his Reward one Matchcoat or twelve Shillings and for a Wolf Whelp five Shillings to be paid him as aforesaid And if any other County in the Province have a mind to encourage the destroying of Wolves they shall do it in such manner and way as to them shall seem meet And the Justices of the Peace and other Officers of the respective Counties aforesaid shall take effectual care to see this Act and every clause therein duely executed accordingly Acts passed in the fourth Sessions of the General Assembly begun in the City of New-York the 14 day of August Annoque Dom. 1692. in the 4th Year of their Majesties Reign King William and Queen Mary under the Government of his Excellency Benjamin Eletcher Esq Captain General and Governour in chief in and over their Majesties Province of New-York and Territories thereon depending in America An Act for the raising and pay two hundred and twenty Men with their proper Officers together with the incidental Charges that shall arise thereon for the Re-inforcement and Security of the Fronteers of this Province at Albany for 7 Months WHereas the Levys appointed for the Defence of the Fronteers of this Province at Albany do expire on the first day of October next and that it is absolutely necessary that there should be continued at that place a considerable Force for the ecurity of this Province as well as for the necessary Defence of their Majesties Neighbouring Plantations Be it therefore Enacted by the Governour Council and Representatives convened in General Assembly and by the Authority of the same That his Excellency the Captain General do immediately upon the Publication hereof issue out his Warrants under his Hand and Seal to the several and respective Military Officers of the several and respective Counties hereafter named for the raising of 220 men well provided with Arms to be peremptorily at Albany on the first day of October next ensuing and there to continue and remain for the Reinforcement and Security of this Province for the term and space of seven Kalender Moneths to commence on the said first day of October and to expire on the first day of May then next ensuing in such quota's and proportions in each respective County as is hereafter specified and expressed to wit For the City and County of New-York sixty effective men For the County of Westchester twenty five effective men For the County of Richmond ten effective men For Kings County thirty four effective men For Queens County forty four effective men For the County of Suffolk forty five effective men For the County of Orange two effective men And be it further Enacted by the Authority aforesaid That if any of the respective Military Officers in the respective Counties aforesaid shall after the Receipt of the Warrants from the Captain General in manner aforesaid fail neglect refuse or delay to execute the said Warrants according to the true intent and meaning thereof shall for such their failure or neglect refusal or delay answer the same before the Captain General or such other Officers as he shall appoint and there suffer such Mulets Pains and Punishment as by the Captain General shall be thought convenient according to the Laws and Articles of War in that case made and provided in their Majesties Realm of England any thing contained herein or any other Law to the contrary hereof in any wayes notwithstanding And for the paying and maintaining the said two hundred twenty men and their proper Officers Be it further Enacted by the Authority aforesaid That a Levy of two Thousand eight Hundred and
it further Enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or presented 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 Discontinuance or Verdict to pass against him the Defendant or Defendants shall have trible Costs for which they shall have like Remedy as in case where Costs by Law are given to Defendants Provided alwayes That no Mayor Aldermen or Justices 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 thereafter any thing herein contained to the contrary hereof in any wise notwithstanding Alwayes provided and be it Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have the liberty to pay the several and respective sums assessed as aforesaid at the day aforementioned in currant Silver Money at New-York or for want thereof in good sufficient and merchantable Provisions at the Rates and Prices hereafter specified and expressed to wit good and merchantable Pork at the Rate of Fifty Shillings per Barrel the Barrel well Re-packed by the sworn Packer of New-York and the Barrel containing thirty one Gallons and half Winchester Measure at least Beef at the Rate of thirty two Shillings and six Pence per Barrel well re-packed by the sworn Packer of New-York aforesaid the Barrel to contain thirty one Gallons and half Winchester Measure at least Good merchantable Winter Wheat at four Shillings per Bus●el Tryed Tallow at four Pence half Penny per Pound An Act for the raising and paying of Eighty Men in Ulster and Dutches County to be imployed for the Re-inforcing and Security of Albany from the 15th Day of December next to the first of March then next ensuing WHereas it is convenient that the County of Vlster and Dutches County should be excused from their Quota's of 300 Men since they are to provide eighty men for the Re-inforcement of Albany in the time of the most eminent danger Be it Enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That the Governour do issue out his Warrant under his Seal to the Military Officers of Vlster and Dutches County to levy eighty effective Men with their Arms to be peremptorily at Albany on the 15th day of December next and there to continue and remain for the Re-inforcement Security and Defence of the Fronteers there until the first day of March then next following And also that the said Captain General would form the said Number of eighty effective men into such Companies as he shall think convenient and to Commissionate and appoint so many Officers over them as he shall think needful in the said County And be it further Enacted by the Authority aforesaid That the said Counties of Vlster and Dutches County shall at their own proper Cost and Charge well and sufficiently provide that the said eighty effective men be well supplyed with good and wholsom Provisions of Beer Bread and Meat and Ammunition during the time that they shall be imployed in the service aforesaid and also take effectual care that all and every of the said effective Men be well paid according to the Kings establishment after the expiration of the said Service and likewise that they shall pay and satisfie such Officers as shall be Commissionated and appointed over them according to the Kings establishment aforesaid And be it further Enacted by the Authority aforesaid That if any Officer Civil or Military within the said County shall delay neglect or refuse to perform and execute the several and respective Articles and Clauses of this Act according to the true intent and meaning thereof he or they so neglecting refusing or delaying shall be lyable to such Penalties respectively as are in case of such refusal neglect or delay provided in the other Act of this present Sessions entituled An Act for raising and paying two hundred and twenty Men c. Acts passed in the fifth Sessions of General Assembly begun in the City of New-York the 24th of Octorber 1692. Act for establishing a Revenue upon their Majesties and for defraying the publick and necessary Charges of the Government THe Representatives of their Majesties Province of New-York convened in General Assembly taking into their Consideration that the Act made for establishing a Revenue for the defraying the publick Charges of the Province doth expire and terminate according to the Limitations in the said Act made and provided on the eighteenth day of May next And they being likewise sensible of the great and urgent occasions which do daily press their Majesties to an extraordinary Expence for the Defence of this their Province and Dominion against the Designs and Invasions of the common Enemy And finding it also necessary that in this time of so great and eminent Danger that their Majesties Government over this Province should be honourably supported and maintained They in most Thankful Acknowledgment of their Majesties tender care of the Wellfare of their Subjects in this Province have chearfully and unanimously for the purpose aforesaid given and granted and do hereby give and grant to their Majesties the several Rates and Duties of Excise herein after mentioned and do most humbly beseech that it may be Enacted And Be it therefore Enacted by the Governour and Council and Representatives now met in General Assembly and by the Authority of the same that from and after the 18th Day of May next which shall be in the Year of our Lord 1693. There shall be throghout this their Majesties Province of New-York and the Territories depending thereon in America Raised Levyed Collected and Paid for the purpose and intent aforesaid during the space and term of Two Years from the eighteenth Day of May aforesaid and no longer the Rates and Duties of Excise herein after mentioned in manner and form following that is to say For every Gallon of Rum Brandy and Distilled Liquors that shall be Imported into this Province and Dependencies aforesaid the sum of Four Pence currant Money of this Province And for every Pipe of Madera Malmsey Fyall St. Georges ●isad● Canary Mallego Sherry and all sorts of Sweet Wines the Sum of Forty Shillings currant Money aforesaid And so in proportion for all greater and smaller Quantities Imported as aforesaid And for every Hogshead of Red White and Rhenish Wines the Sum of Twenty Shillings currant Money aforesaid And so in proportion for all greater and smaller Quantities
said Mayor Aldermen and Justices of the Peace for the respective Cities and Counties Mannors and Jurisdictions have and shall have Power and Authority by virtue of this Act each of them by himself to administer an Oath to the said Assessors Well Truly Equally and Impartially and in due Proportion as it shall appear to them according to their best Vnderstanding to assess and rate the Inhabitants Residents Free-holders of the respective places for which they shall be chosen Assessors And be it Enacted by the Authority aforesaid That if any person or persons who shall be chosen Assessors or Collectors shall deny neglect or unequally or partially assess or refuse to make such Assessment as by this Act is required or shall deny neglect or refuse to collect any Sum or Sums of Money in form afore-mentioned assest that then and in such case it shall and may be lawful for any two Justices of the Peace of the Cities and Counties where such Offenders shall happen to dwell or reside who by virtue of this Act are required and impowered to do the same by Warrant under their Hands and Seals to commit such Assessor or Assessors Collector or Collectors so denying neglecting or unequally and partially assessing or refusing to collect as aforesaid to the common Goal there to remain without Bayl or Mainprize till he or they make Fine and Ransom to their Majesties for such Contempt as aforesaid And be it further enacted by the Authority aforesaid That if any Person or Persons of what Degree or Quality soever he or they be within this Province who shall be assessed or rated any sum or sums of Money by virtue of this Act to be raised and levyed shall deny refuse or delay to pay and satify the same that then it shall and may be lawful for any such Collector by Virtue of a Warrant under the Hand and Seal of any Justice of the Peace for the City or County where such Offender shall dwell or reside who by Virtue of this Act are Required and Authorized to grant and issue forth such Warrant to levy the same by Distress and Sale of such Person or Persons Goods and Chattles returning the Over-plus if any be to the Owners the Sum assessed and Charges of Distress and Sale being first deducted And that where any of the Goods and Chattels shall be distrained for any of the Assesments and Rates aforesaid and the Owner of the said Goods shall not within five days next after such Distress taken and notice thereof with the cause of such taking left at the House or other most known place where the distress was made come and pay to the Collector and Receiver of the Assessment aforesaid that then after such Distress and notice as aforesaid and expiration of the said five days the Collector or person distraining shall and may cause the Goods and Chattels so distrained to be appraised by two sworn Appraisers to appraise the same truely according to the best of their Understandings and after such appraisement shall and may lawfully carry and drive the said Goods and Chattels so distrained into any County or Town throughout the Province and the said Goods and Chattels shall and may there lawfully sell for the best Price can be gotten for the same toward satisfaction of the Rates aforesaid and of the Charges of such Distress Appraisement and Sale giving the Over-plus to the Owners And also 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 fullfill and execute all and every or any the D●ties Powers and Authorities by this Act required and impowered by him or them to be done performed fullfilled and executed and shall thereof be convicted before the Governour and Council or before any of their Majesties Courts of Record within this Province he or they shall suffer such pain by Fine and Imprisonment as by the discretion of the said Governor and Council and the Justices of the said Courts shall be adjudged And be it further enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or prosecuted at any time hereafter against any Person or Persons for any Matter Clause 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 Discontinuance or Verdict to pass against him the Defendant or Defendants shall recover Treble Costs for which they shall have the like Remedy as in case where Costs by the Law are given to Defendants Provided always That no Major 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 Alwayes provided and be it further Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have liberty to pay the several and respective Sums assessed as aforesaid at the day aforesaid in currant Money at New-York or for want thereof in good sufficient and merchantable Provisions at the Rates and Prices hereafter specified and expressed to wit good merchantable Pork at the Rates of fifty Shillings per Barrel the Barrel well repacked by the sworn Packer at New-York and the Barrell containing Thirty One Gallons and half Winchester Measure at least Beef at the Rate of Thirty Two Shillings and Six Pence per Barrel well repackt by the sworn Packer of New-York aforesaid the Barrel to contain thirty one Gallons and a half Winchester-Measure at least Good merchantable Winter Wheat at four Shillings per Bushel Tryed Tallow at four pence half penny per Pound Provided always and be it further Enacted by the Authority aforesaid That if it should so happen that his Excellency pursuant to the Limitations aforesaid could not effect to raise so many Volunteers in manner aforesaid but that for the intent aforesaid his Excellency should be constrained to make proportionable Detachments in the respective Cities and Counties within this Province to compleat the Number of the Forces as aforesaid then it is the true intent and meaning of this Act that there shall only be allowed paid unto such person or persons so detached as aforesaid for the service aforesaid the sum of Eight Pence per Diem for each Person so imployed as aforesaid and no